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PL 03/25/1987 - 30660� a � CITY OF FRIDLEY PLANNING COMMISSION f�EETING, MARCH 25, 1987 CALL TO ORDER: Chairperson Billings called the March 25, 1987, Planning Commission meeting to order at 7:31 p.m. ROLL CALL: Members Present: Mer.ibers Absent: Steve Billings� Dave Kondrick, Dean Saba, Donald Betzold, Richard Svanda Sue Sherek Others Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Development Director Jim Dowds, 3737 East River Road Jack Chambers, 4720 Garfield Ave. S. Richard Peterson, 277 - 57th Place APPROVAL OF MARCH 11 1987, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK� SECONDED BY MR. BETZOLD, TO APPROVE THE MARCH Zl, I987, PLANNING COMMI55ION MINUTE5 AS WRITTERI. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTIDN CARRIED UNAIVIMOU5LY. l. CONSIDERATION OF A VACATION REQUEST, SAV #8Z-02, BY JACK CHAMBERS: aca1T te t�e NortTer y 1 foot of t e Easter y 30 'eet o t e 5 foot drainage and util-7ty easement located on the Southerly 5 feet of Lot 16, Block 10, Donnay's Lakeview Manor F�ddition, the same being 550 - 57th Avenue N.E. P�r. Billings stated that due to a conflict of interest, he would not parti- cipate in either the discussion or the vote on this item. Mr. Robinson stated this vacation request involved the vacation of a portion of a 5 ft. utility easement on Lot 16, Block 10, Connay's Lakeview Manor Addition. The property was zoned single family and was located just north of the old drive-in site. Mr. Robinson stated it was discovered that a very small portion of the garage in the rear yard (southeast corner of the property) overhung �nto the easement by less than 2inches. In order to preclude any future problems that might arise with the title, the petitioner was requesting that the easterly 30 ft. of the north 1 ft. of the easement be vacated. He stated the City has notified the utility companies, and the utility companies have no problem with the vacation as outlined. Staff would recommend this vacation request be approved with no stipulations. � PLANNING COP�f7ISSI0N MEETING, MARGH 25, 1987 PAGE 2 MOTION BY MR. SABA� SECONDED BY 1�. KONDRICK, TO RECOMMEIIID TO CITY COUNCIL APPROVAL OF VACATION REgUEST� SAV #87-02, BY JACK CHAM8ER5 TO VACATE THE NORTHERLY Z FOOT OF THE EASTERLY 30 FEET OF THE 5 FOOT DRAZNAGE AND UTILITY EASEMENT LOCATED ON THE SOUTHERLY 5 FEET OF LOT 16� BLOCK 10, DONNAY'S LAKE- VIEW MANOR ADDITION, THE 5AME BEING 550- 57TH AVENUE N.E., WITH NO STIPULATIONS. UPON A VOICE VOTE, SABA, KONDRICK, BETZOLD� AND SVAPIDA VOTING AYE, BILLINGS AB5TAINING, CHAIRPER50N BILLI111GS DECLARED 2'HE MOTION CARRIED. Mr. Robinson stated this item would go before the City Council on April 20. 2. PUBLIC HEARIIVG: CONSIDERATION OF A REZONING, ZOA #87-02, BY MCCK, INC.: To rezone from R-3, General 1u tiple Dwelling, to R-1, One Family Dwelling, on Lots 80 through 83, Block A, Riverview Heights, and all that part of the unnamed street abutting Lots �0, 81, 82, and 83 lying between the Southerly line of Lot 80 extended Westerly to the MAC Railroad and the Northerly line of Lot 83 extended Westerly to the MAC Railroad right-of-way, as shown on the original map of said River View Heights Addition, and all that part of the right-of-way of the P�inneapolis, Anoka and Cuyuna Range Railroad Company in the Southeast Quar�er of the Northwest Quarter of Section 3, Township 30 North Range 24 West lying between the North line of Lot 83, Block A, also known as Section A, Riveh View Heights, extended West through said right-of- way and said South line of Lot 80, Block A, River View Heights, extended West � through said right-of-way according to the plat thereof on file ar�d of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 441 Hugo Street N.E. MOTIDN BY MR. KONDRICK� SECONDED BY MR. 5VAl1�DA� TO WAIVE THE FORMAL .READING OF THE PUBLIC HEARING NOTICE AAID TO OPEN THE PUBLIC HEARING. UPON A VDICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLING5 DECLARED THE MOTI0111 CARRIED UNANIMOUSLY AND TNE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Robinson stated this was basically a housekeeping item at this point, although they sti.11 have to go through the public hearing process. This property has been before the Planning Conmiission and the City Council several times in the past. The property was located on Hugo and East River Road and was zoned predominately R-3 and also included two single family lots. This same property was subject to a lot split which divided the property into three single family lots. This lot split was approved by the City Council on Nov. 3, 1986. Construction of single family�homes was permissible in a multiple zone, so the rezoning was done at the behest of the City Council and was a stipulation with the lot split. The rea�son for the rezoninq was to ensure -that if on]y o.ne or �r�o-houses were bu�1t on"the la�, tk�ey w��sld�not b� left �w�th a sm�71 pie�e.of R-3 p�aperty. MOTION BY MR. KO11iDRICK, SECONDED BY MR. SVANDA, TO CLOSE THE PUBLIC HEARING. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 7:38 P.M. � PLANNIPdG COMPIISSION MEETING, MARCH 25, 198Z PAGE 3 MOTION BY MR. KONDRICK, 5ECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZOIVING REQUE5T, ZOA #87-02, BY MCCK, INC., WITX NO STIPULATIONS. UPON A VOICE VOTE,-ALL VOTING AYE, CHAIRPER50N BILLINGS DECLARED THE MOTION CARRIED UNANIMOU5LY. Mr. Robinson stated this item would go before the City Council on April 20. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-04, BY JAMES DOWDS: Per Section 205.17. , C, 8, of t e Fridley City Code, to a low ecterior storage of materials on that part of Lots 22, 23, and 36, Auditor's Subdivision No. 39, Anoka County, Minnesota, and that part of the Minneapolis, Anoka, and Cuyuna Range Railway described as follows: Beginnin at the intersection of the east right-of-way line of State Aid Highway No. 1�(also known as East River Road) wi�h a line distant 134.5 feet north from and parallel with the south line of said Lot 36; thence north along said east right-of-way line 609.63 feet; thence east parallel with said south line of Lot 36 a distance of 100.19 feet; thence south, parallel with said east right-of-way line 378,63 feet; thence southeasterly to a point on a line distant 145.00 feet east from the point of beginning, said line being 134.5 feet north from and parallel with said south line of Lot 36; thence wesi 145.00 feet to the point of beginning, and that part of Lots 22, 23, and 36, Auditor's Subdivision No. 39, Anoka and Cuyuna Range Railway described as follows: beginning at the intersection of the east right-of-way line of �"� State Aid Highway No. 1(also known as East River Road) with a line distant 134.5 feet north from and parallel with the south line of said Lot 36; thence north along said east right-of-way line 822.03 feet; thence east parallel with said south line of Lot 36, a distance of 100.19 feet; thence south parallel with said east right-of-way line 591.03 feet; thence southeasterly to a point of a line distant 145�00 feet east from the point of beginning, said line being 134.5 feet n�orth from and parallel with said south line of Lot 36; thence west 145.00 feet to the point of beginning, generally located at 3737 East River Road N.E. MOTION BY MR. KONDRICK, SECONDED BY N�2. SVANDA, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLI�GS DECLARED THE MOTION CARRIED UNANIMOUSLY AI1kD THE PUBLIC HEARING OPEN AT 7:48 P.M. Mr. Robinson stated the special use permit was for outside stot^age :related to the exp�nsion of the auto salvage yard located on the east side of East River Road and north of 37th Ave. The expansion would take place onto the Burlington Northern property, approximately 600 feet north of the existing salvage center. This property would be for the storage of disabled vehicles. Mr. Robinson stated Staff was recommending the following stipulations: 1. Petitioner to enclose new storage area with 8 foot high chain link fence (,�,\ with,Staff approved,vinyl screening slats all along the north and west sides,prior to any storage. �, � PLANNING COMP�ISSION MEETING, MARCH 25, 1987 PAGE 4 2. Petitioner to spray paint existing slatted fence (where vine growth allows) to match new fence slatting by June 30, 1987. 3. Petitioner to install landscaping as per City plan dated March 18, 1987, by June 30, 1987. 4. Petitioner to install underground irrigation for landscaping by June 30, 1987. 5. Petitioner remove or repair security hut at main entry_.by June 30, 1987. 6. Petitioner to install blacktopping and concrete curbin.g for salvage yard and Shorty's Towing as shown on City plan dated March 18, 1987, by July 31 , 1987. 7. Petitioner to combine existing parcels,under his ownership into one tax parcel prior to .Council approval. 8. Landscaping and irrigation subject to modification based upon County and NSP considerations. 9. Burlington Northern must agree , prior to City Council approval, to remove the billboard located east of East River Road and south of 44th Avenue North within five years. 10. Special use permit is for the property lying approximately 609 feet north of existing salvage yard, which represents a lesser amount than that published. 11. A performance bond or letter of credit in the amount of $10,000 to cover improvements to be submitted to the City prior to effectuation of special use perni:t #87-04. � Mr. Jim Dowds stated there seemed to be some confusion about what they are. Even though their name was The Salvage Center, they were not a salvage yard. Because they handle wrecked cars, they are required to have a salvage yard license which was renewed annually. He stated the Salvage Center has been in this location for 14 years, and in that 14 years they have never had a complaint about their recycling operation. They are a brokerage and represent insurance companies. They collect disabled vehicles (total-loss vehicles) and then these vehicles are auctioned. The c-ars cor�e inJas a unit and go out as a unit. There was no dismantling, crushing, or repairing on the premises. It was strictly a commodity business, an auction business, and they are the beginning of the recycling chain for wr.ecked automobiles. P�r. Dowds stated that at this location, they have recycled over 100,000 wrecked cars, serving the greater metropolitan area over the last 14 years. They also �vere the pioneers of the U-Can North, where they recycled 50 million aluminum cans for a number of years. He did sell U-Can to Universal Can Company which was now doing a joint venture with the City of Fridley at the former SOttT recycling site. PLANNIPdG COMt7ISSI0N MEETING, MARCH 25, 1987 PAGE 5 Mr. Dowds stated they take pride in their business and in their location and have always spent a lot of money on screening and plantings. Mr. Dowds stated he would like to com�nt on some of the stipulations. Regarding stipulation #3, he would agree to put in the plantings and trees; however, the plan as submitted by the City was very nice, but ther�e were some things he would not be able to put in. He stated NSP: comes by every year and cuts everything down on the right-of-way and poisons the ivy he has planted to screen the fence. It was Anoka County right-of-way. He stated he would do what he could, but he would need some cooperation from the County and from NSP. Mr. Dowds stated he had some problems with stipulation #4. He stated he did not have Fridley water. He owned his own water system that he had to bring in from the City of f�inneapolis. He could understand that some irrigation was needed. He would -definitely keep_ the trees alive because (1) he was paying good money for them, and (2) he was under annual inspection. Because he was under annual inspection, the City had a way of making sure he kept the plants and trees alive. He would ask the Commission to waive stipulation #4 because an irrigation system was very expensive. Just with the fencing and the plants, it was going to cost him $25,000 with a 5 year lease. He would be willing to put some kind of water tank on the back of a truck and spray the landscaping. He stated that whatever was required in the last 14 years, he has done, and he would commit to keeping the landscaping alive. Mr. Dowds stated that regarding stipulation #6, he would put the curbing in at the Salvage Center location, he would clean up the parking lot and stripe it again. He did have a problem with the south end and dis�greed with Staff's recommendation for Shorty's Towing. They were not, in fact, on the right-of- way. Shorty's Towing was the.City impound for the City of Fridley and people were not allowed to go into the yard. The par�:ing spaces in the front were not on 37th Ave., and he had brought in an aerial showing where the parking lot was located. Mr. Robinson s�ated the fact that they were on or off the property line was important. The real goal was to get animproved parking lot on Mr. Dowds' property A which was off tfle right-of-way.� Mr. Dowds stated that regarding stipulation #8, that was obviously out of his control. Mr. Dowds stated that regarding stipulation #9, he��tad nn� con�ral over that stipulation either. He would do whatever was necessary to make the property look nice, but the City was going to have to deal with Burlington Northern on the removal of the billboard. This was really not his stipulation. Mr. Saba stated he agreed with Mr. Dowds regarding stipulation #4 about the underground irrigation. An irrigation system was very expe►�sive just to water some shrubs and trees. � � � PLANNING COP�f�ISSIDN MEETING, MARCH 25, 1987 PAGE 6 Mr. Robinson stated the County rs�ight have some problems._with this stipulation, too, because the landscaping was on County right-of-way. There migh� be some valid rationale to allow Mr. Dowds to assume a different type of watering process. If Mr. Dowds could show that he had a water truck or some means of watering the landscaping, that might be the way to go. f�lr. Robinson stated that regarding sti�pulation #9, a letter should be sent to Burlington Northern so they are aware of this stipulation on the special use permit. Mr. Robe�rtson�stated they should also point out in the letter that what was being proposed was a similar agreement to one the City Council already had made on another billboard, so Burlington Northern was aware that a precedent had already been set in the City of Fridley for the removal of billboards. Mr. Billings stated he would encourage Mr. Dowds to talk to Burlington Northern also and impress upon them that they would receive more r�ent from him for the property than they would from Naegele for the billboard. � MOTION BY MR. KONDRICK� SECONDED BY NIR. SABA, TO CIASE THE PUBLIC HEARIING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLAIZED THE PUBLIC HE'�`l'PTG -�aSED-�tT 8:30 P.M. MOZ'ION BY MR. KONDRICK, SECONDED BY N112. 5VANDA, TO RECOMME111D TO CITY COUNCIL APPRO.VAL OF SPECIAL USE PERMIT, SP #87-04� BY JAMES DOWDS,.WITH THE FOLIAWING STIPULATIONS: 1. PETITIONER TO ENCLOSE NEW 5TORAGE AREA WITH 8 FOOT HIGH CHAIN LINK FENCE WITH STAFF APPROVED VINYL SCREENING 5T1AT5 ALL ALONG THE NORTH A���WEST S3DES PRIOR TO AIVY STORAGE. 2. PETITIONER TO SPRAY PAINT EXISTING SLATTED FENCE (WHERE VINE GROWTH ALLOWS) TO MATCH NEW FEINCE 5LATTING BY JUNE 30, Z987. 3. PETITIOP7ER TO INSTALL LANDSCAPING AS PER CITY PLAN DATED MARCH 18, 1987, BY JUNE 30, 1987. 4. PETITIONER AGREES TO PROVIDE A WATER TRUCK OR 02'HER ACCEPTABLE MEANS OF IRR3'�A�TION FOR LANDSCAPING BY JUNE 30� 1987. 5. PETITIONER REMOVE OR REFAIR SECURITY HUT AT MAIN ENT1Z�.' BY JUNE 30, Z987. 6. PETITIDNER TO IN5TALL BLACKTOPPING AND CONCRETE L'URBING FOR SALVAGE YARD AND 5HORTY'S TOWING AS SHOWN ON CITY PLAN DATED MARCH 18, 1987, BY JULY 31, Z987. 7. PETITIONER TO COMBINE EXISTING PARCELS UNDER HIS OWNERSHSP INTO O1VE TAX PARCEL PRIDR TO COUNCIL APPROVAL. 8. LANDSCAPING AND.IRRIGATION Si7BJECT TO MODIFICATION BASED UPON COUNTY AND NSP CONSIDERATION5. 9. BURLINGTON NORTHERN MUST AGREE, PRIOR TO CITY COUNCIL APPROVAL� TO .REMOVE THE BILLBOARD LOCATED EAST OF EAST RIVER ROAD AND SOUTH OF 44TH AVENUE NORTH WITHIIU FIVE YEARS. 10. SPECIAL USE PERMIT IS FOR THE PROPERTY LYING APPROXIMATELY 609 FEET NORTH OF EXISTING SALVAGE YARD WHICH REPRESENT5 A LESSER AMOUNT THAN THAT PUBLISHED. 11. A PERFORMANCE BOND OR LETTER OF CREDIT IN.THE AMOUNT OF $10�000 TO COVER IMPROVEMENT5 TO BE SUBMITTED TO THE CITY PRIOR TO EFFECTUATION OF SPECIAL USE PERMIT #87-Og. ��1 PLANNIPJG COP�IP�IISSION MEETINC, MARCH 25, 1987 PAGE 7 UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON BILLTNGS DECLA.RED THE MOTION CARRIED UNANIMOU5LY. Mr. Robinson stated this item would go to City Council on April 6. 4. RECEIVE P•1ARCH 2, 1987, PARKS & RECREATION COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SVAND�I, TO RECEIVE THE MARCH 2� 1987, PARKS & RECREATION COMMISSION MINUTE5. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLING5 DECLARED THE MOTION CARRIED UNANIMOU5LY. 5. RECEIVE P�1ARCH 17, 1987, APPEALS COMMISSION MINUTES: MOTION BY MR. BETZOLD, 5ECONDED BY MR. KONDRICK, TO RECEIVE THE MARCH 17, 1987, APPEALS COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. OTHER BUSINESS: a. b. Gateway Elements for the River Road Business Park Mr. Robinson stated the Commission members had received a copy of a memo, he had written to Mr. Qureshi and Mr. Robertson dated March- 12, 1987. along with some drawings. He stated the Planning Corrmiission had discussed this item earlier, and it was discussed informally by the City Council. Mr. Robertson stated there was a very favorable reaction to this by all t�e City Council members. They had welcomed the Planning Commission's comments that the design be integrated with the general scheme that was developed for the University Avenue Corridor. Staff was directed to look into the question of where else might these gateway elements be appropriate or where else might this be requested in the City from othe� busine�s park areas. Staff will look into some criteria that might be appr�opriate. City-Wide "No Parking Ban" for Snow Removal Mr. Robinson stated �hat last fall a"fJo Parking Ban" during the winter snow removal season during the period of 2:00 a.m. to 6:00 a.m. was proposed by Staff. The City Council had suggested it be brought back for consideration in April. He stated the League of Women Voters has agreed to conduct a public hearing on this item on Tuesday, April 14, 1987, at 7:30 p.m. and would like the Fridley Planning Commission to co-sponsor the public hearing with them. n Mr. Robinson stated the City has had same problems with the number of "snowbirds", and they are hoping this proposed ordinance will solve the problem with snowplowing. The proposed ordinance was in the Commission's agenda. PLANNING CO�P7ISSION MEETING, MARCH 25, 1987 PAGE 8 � The Commissioners agreed to co-sponsor the public hearing with the League of Women Voters. However, because of a conflict with the scheduled date, they recommended the public hearing be changed to Thursday, April 16, 19�7, at 7:30 p.m. ADJOURNMENT: MOTION BY MR. KONDRICK� SECONDED BY MR. 5VANDA, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING AYE, CHAZRPER501V BILLINGS DECLARED THE MARCH 25� 1987, PLANNING COMMISSI0111 MEETING ADJOURNED AT 9:00 P.M. Res ectfully su itted, Ly Saba Recording Secretary n � . . � ��%�� �i �� l �!�'� � ���� � � _,,� � �.e� �%.�� � — `� 7� C9- �� c9-.�.� S a � `17 ��'7 �� ���� �. ��