PL 04/28/1993 - 30770�
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CITY OF FRIDLEY
PLANNING COMMIBSION MEETING, APRIL 28, 1993
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CALL TO ORDER•
Chairperson Newman called the April 28, 1993, Planning Commission
meeting to order at 7:30 p.m.
ROLL CALL:
Members Present: Dave Newman, Dave Kondrick, Dean Saba,
Connie Modig, LeRoy Oquist
Members Absent: Diane Savage, Brad Sielaff
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Richard Carlson, Park Construction
Jean Schwartz, 1372 - 64th Ave. N.E.
Frank Labandz, 1356 - 64th Ave. N.E.
APPROVAL OF APRIL 14. 1993. PLANNING COMMISSIOPT MINUTES:
MOTION by Ms. Modig, seconded by Mr. Saba, to approve the April
14, 1993, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTINC: AYE, CHAIRPER80N NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
1. �TABLED 4/14/93� PUBLIC HEARING: EXTENSION OF A SPECIAL USE
PERMIT, SP #82-12, BY PARK COATSTRUCTION COMPANY:
Per Section 205.19.02.C.2 of the Fridley City Code, to allow
rock crushing activities to continue until May of 1995 on the
West 1/2 of the Northeast 1/4 of the Southeast 1/4 of Section
3, Township 30, Range 24, except the South 500 feet thereof,
generally located at 7900 Beech Street N.E.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to remove the item
from the table.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE
A30TION CARRIED IINANIMOII3LY.
Mr. Newman stated that at the last meeting, it was discovered that
Edward Bishop, 212 Ely Street, who had expressed concerns about
Park Construction in a letter to the Council and Planning
Commission had not been notified of the public hearing. Staff
asked that this item be tabled until the next meeting in order to
give Mr. Bishop and any other neighbors the opportunity to attend
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PLANNING COMMISSION MLETING, APRIL 28, 1993 PAGE 2
this hearing. He stated the Commission members had a copy of a
letter from Mr. Bishop dated April 21, 1993.
MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive into the
record the letter dated April 21, 1993, from Edward Bishop, 212 Ely
Street N.E.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N N�EWMAN DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
Mr. Newman stated that at the last meeting after an extensive staff
report and Commission discussion, it was the consensus of the
Commission members that they were comfortable with the approval of
the extension of this special use permit with the five stipulations
recommended by staff, with the addition of a sixth stipulation,
that Park Construction provide to staff a summary letter outlining
how Park Construction will manage the site in the event there are
problems.
Mr. Kondrick asked if the stockpile has been lowered.
Mr. Carlson stated the stockpile is 22 feet, the height of the
nearest building.
Mr. Kondrick asked if, in the future, the stockpiles will be no
higher than 22 feet.
Mr. Carlson stated that is correct, except when they are crushing.
During crushing, the piles can become 30 feet high. After the
crushing is completed, the piles will be lowered to 22 feet.
Mr. Carlson stated that he has talked to Mr. Bishop and addressed
the items addressed in Mr. Bishop's letter. He told Mr. Bishop
that at no time was he aware that there was any noise problem at
Park Construction. He told Mr. Bishop that if Mr. Bishop has any
problems in the future with noise, Mr. Bishop should contact him
and he would be happy to meet him at the site and address the
problem immediately.
Mr. Carlson stated he tried to find out what noise Mr. Bishop was
referring to, and Mr. Bishop said it was a steady, rumbling,
growling noise. Mr. Carlson stated he cannot hear that noise, and
he would invite any member of the Planning Commission to the site
to listen for that noise. At the last meeting, he mentioned that
the noise that is prevalent and annoying is when the trucks dump
the concrete, they drive ahead and slam their tailgates. That is
a noise they are going to try to curtail. However, the constant
rumbling noise is not there.
Mr. Kondrick asked if there is any way that Park Construction can
keep the dust to a minimum.
� PLANNING COMMISBION MEETING. APRIL 28. 1993 PAGE 3
Mr. Carlson stated the dust is not from the piles. The dust is off
the property. Equipment comes in and drops more dirt, and that is
where the dust is coming from. There are a couple of alternatives
to minimize the dust. They cannot blacktop the yard because they
are running crawler tractors around. They could concrete the
entire yard, but the cost would be prohibitive. They could also
water the yard.
Mr. Carlson stated he had asked Mr. Bishop to call Michele
McPherson to tell her of their discussion so it could get on record
before the Planning Commission so the City knows Mr. Carlson was
willing to meet with him, discuss the problem, and try to correct
it. Apparently, he did not leave that message with Ms. McPherson.
Ms. McPherson stated she did receive a telephone call from Mr.
Bishop; however, she was not available at the time he called and
did not personally speak with him. She was unable to contact again
before the meeting. She stated she will contact him and verify
his conversation with Mr. Carlson before the Council meeting on
Monday, May 3.
Mr. Kondrick stated it seemed that the main concern of Park
Construction was the blowing dust rather than noise.
^ Mr. Carlson stated he can understand that, because there is a lot
of dust. He is willing to work with City staff to find a way to
correct the dust problem. They do have a planting area with trees
and shrubs and screened fence around three sides of their property.
As of yet, not all the property along the Burlington Northern
tracks is owned by Park. When they can purchase these last lots,
they intend to put a screened fence all around their property which
would also help the dust blowing out of the yard.
MOTION by Mr. Saba, seconded by Mr. Oquist, to recommend to City
Council approval of an extension of a special use permit, SP #82-
12, by Park Construction Company, per Section 205.19.02.C.2 of the
Fridley City Code, to allow rock crushing activities to continue
until May of 1995 on the West 1/2 of the Northeast 1/4 of the
Southeast 1/4 of Section 3, Township 30, Range 24, except the South
500 feet thereof, generally located at 7900 Beech Street N.E., with
the following stipulations:
1. Special Use Permit, SP #82-12, granted only for the
period from June 1, 1993, to May 31, 1995. If there have
been no rock crushing operations during that time, staff
shall be allowed to extend the permit for another two
year period. If there have been crushing operations, the
permit shall be brought before the City Council prior to
May 31, 1995.
/"1 2. The City shall be allowed to dump their waste concrete
material at this site at no cost.
� PLANNINa COMMI88ION MEETING. APRIL 28. 1993 PAGE 4
3. Park Construction shall take the necessary steps to
ensure that the City and State noise, dust, and
environmental limits are not exceeded.
4. The rock crusher, generators, and stockpiles shall be
located as far north and east on the property as
possible.
5. The same standards regarding run-off shall be applied to
this site, as applied in the Rice Creek Watershed area.
6. Park Construction shall submit a letter to City staff
summarizing Park Construction's management plan for
addressing noise and dust complaints.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
2. �TABLED 4/14L93) VACATION REOUEST. SAV #93-01, BY MARK AND
JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ:
To vacate the entire alley located between Lots 13 and the
East 118 feet of Lots 15 and 16, Block 2, Spring Valley
Addition, generally located between 1356 and 1372 - 64th
^ Avenue N.E.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to remove the item
from the table.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRISD IINANIMOIISLY.
Ms. McPherson stated the original vacation request was to vacate
the east 8 feet of the alley by Mr. and Mrs. Schwartz. Subsequent
to their application for the alley vacation, Mr. and Mrs. Labandz
also filed a vacation request for the west 8 feet of the same
alley. The two requests have been combined into one request and
will be proceeding to Council as one request.
Ms. McPherson stated the vacation request is now to vacate the 16
foot alley located between the two properties addressed as 1356
and 1372 - 64th Avenue. The Schwartz' portion of the alley
vacation will be slightly longer as they have approximately 60 feet
more depth to their lot than the Labandz'.
Ms. McPherson stated utilities, including a sanitary sewer line,
underground telephone lines, and overhead utility lines, are
located in the alley. NSP has requested that an easement be
maintained over the vacated alley.
^ Ms. McPherson stated that at the last meeting, they discussed the
possibility of future subdivision in this particular neighborhood
^ PLANNING CO�IIylI88ION MEETINa, APRIL 28. 1993 PAGE 5
which would possibly connect with an east/west street along the
south property lines of the Schwartz' and those properties to the
east. Mr. and Mrs. Schwartz pointed out that there is a second
alternative to use the platted alley and connect to Rice Creek Road
to the south.
Ms. McPherson stated John Flora, Public Works Director, submitted
a memo dated April 23, 1993, regarding the vacation request to the
Community Development staff. Mr. Flora stated that historically
this particular alley as proposed to be vacated has been viewed as
a potential street for planning purposes. Prior to this request,
it has been proposed that a storm water system would be constructed
which would handle storm water from the Creek Ridge Park area north
of Mississippi Street to the Harris Pond ditch which is located
south of the subject parcel. He recommended denial of the vacation
request.
Ms. McPherson stated the City has received 100� agreement from the
abutting property owners regarding the vacation, so the Council's
policy requiring 100� participation by the abutting property owners
has been met.
Ms. Dacy stated the Community Development staff wanted the Planning
Commission and the petitioners to be aware of this memo. Staff's
^ original recommendation was that if the alley is vacated that the
street easement be retained.
Mr. Kondrick stated that if the Commission recommends approval of
the vacation with the street and utility easements, is stipulation
#2 requiring the petitioners to execute and record a hold harmless
agreement provided by the City still needed?
Mr. Newman stated, yes, that stipulation is still necessary. The
reason for the vacation request is because the petitioners want to
do some plantings and fencing in the alley where there are
easements. For that reason, staff wants a hold-harmless agreement
so if the City does need to do utility work, there is no claim
against the City.
Ms. Jean Schwartz, 1372 - 64th Avenue, stated Mr. Flora's memo came
as a total shock to her. She stated that in December 1992, when
they were working on the alley vacation, they spoke with Mr. Flora.
Mr. Flora had stated he had no problem with the vacation as long
as the utility easement was retained. He did not say anything
about any storm water system.
Ms. Dacy stated the Commission has to decide on one of the
following options:
1. Does the Commission want to reserve a strip for some type
^ of street easement?
� PLANNING CONIIdlI88ION 1�E�TING. APRIL 28, 1993 PAGE 6
2. If the street
Commission want
keep the alley,
16 foot street
issue is important enough, does the
to recommend denial of the vacation and
or does the Commission want to keep the
easement to reserve that option?
3. Does the Commission want to just require the utility
easement and not require the street easement?
Ms. Schwartz stated that she and her husband would prefer not to
have the street easement, but they are not totally opposed to the
street easement. Maybe the City Council is going to have to decide
what they want to do with this land, long term.
Ms . Schwartz stated regarding the storm sewer system, is this still
connected to the TCAAP line which has now been moved to 64th
Avenue? She asked staff to check to see if the storm sewer system
is related to the TCAAP before the Council meeting.
Mr. Saba stated he would be in favor of recommending approval with
the street easement because it leaves the option open for the City
to construct a street in the future.
Ms . Modig stated she could not see the City ever constructing a
street. She stated a lot of property would have to be taken away
� from the neighbors to make enough room for a street, and there are
other options for access to the property.
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Ms. Schwartz stated their property is right on the line, so if a
street was ever constructed, property would have to be taken from
the Labandz'. She stated she believed it would be very difficult
to put a street in there.
Mr. Newman stated that for certain reasons such as emergency
access, the City has constructed one-way streets, and that is an
option. The difficulty here is they do not know how this will ever
be developed in the future, and he believed they need to maintain
a full range of options for the City.
Mr. Saba stated he agreed they have to give the City some options
for future development.
Mr. Kondrick stated that in lieu of future development and
emergency access, he agreed it would be good to keep their options
open.
Mr. Oquist stated they can recommend approval of the vacation with
the street easement, and the petitioners can use the property as
they want, with the understanding that if the City ever does
anything, they will have to tear out any landscaping or fencing.
He did not foresee a street ever being put in. The alley is not
wide enough, and property would have to be taken from Mr. Labandz.
A street in this location could also provide traffic flow problems
� PLANNINa COMMI88ION MEETING, APRIL 28, 1993 PAGE 7
that the City might not want. He stated he would vote in favor of
recommending approval of the vacation with the utility and street
easement stipulation.
MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to City
Council approval of vacation request, SAV #93-01, by Mark and Jean
Schwartz and Frank and Vallie Labandz, to vacate the entire alley
located between Lots 13 and the East 118 feet of Lots 15 and 16,
Block 2, 5pring Valley Addition, generally located between 1356 and
1372 - 64th Avenue N.E., with the following stipulations:
1. The petitioners shall execute and record a street and
utility easement in place of the vacated alley.
2. The petitioners shall execute and record a hold-harmless
agreement provided by the City.
IIPON A VOICE VOTE, ALL VOTIN(3 AYE, CBAIRPERSON NEWMAN DECLARED T8E
MOTION CARRIED IINANIMOIIBLY.
Ms. McPherson stated that on May 3, 1993, the Council will set a
public hearing for May 17, 1993.
3. PUBLIC HEARING: SPECIAL USE PERMIT SP #93-05 BY SOUND
^ WAVES. INC.:
Per Section 205.18.O1.C.(3) of the Fridley City Code, to allow
commercial retail uses in the M-2, Heavy Industrial zoning
district on Lot 1, Block 1, Northco Addition, generally
located at 7237 University Ave�►ue N.E.
MOTION by Mr. Kondrick „ seconded by Ms. Modig, to open the public
hearing.
IIPON A VOICE VOTL, ALL VOTING AYE, CBAIRPER80N NEAMAN DECLARED THE
MOTION CARRIED AND THE PIIHLIC HEARIN(3 OPEN AT 8s10 P.M.
The petitioner was not in attendance at the meeting.
Ms. McPherson stated she had advised the petitioner of the
importance of appearing before the Planning Commission and City
Council.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to continue SP #93-
05 until the May 12, 1993, Planning Commission meeting.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPER80N NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
�.� PI,ANNING COMMI88ION MEETING. APRIL 28, 1993 PAGE 8
4. RECEIVE MARCH 16, 1993. ENVIRONMENTAL QUALITY & ENERGY
COMMISSION MINUTES:
MOTION by Ms. Modig, seconded by Mr. Saba, to receive the March
16, 1993, Environmental Quality & Energy Commission minutes.
IIPON A VOICB VOTE, ALL VOTING AYE, CBAIRPER80N NEWMAN DECLARED T8E
MOTION CARRIED IINANIMOIIBLY.
5. RECEIVE APRIL 6. 1993, APPEALS COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the April
6, 1993, Appeals Commission minutes.
IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPER80N NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
ADJOURNMENT•
MOTION by Mr. Kondrick, seconded by Ms. Oquist, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Newman
declared the motion carried and the April 28, 1993, Planning
Commission meeting adjourned at 8:15 p.m.
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Respectfully sub itted,
,
y Saba
Recording Secretary
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