PL 02/01/1995 - 30802.,`'�
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CITY OF FRIDLEY
PLANNING COMMISBION MEETING� FEBRIIARY 1, 1995
CALL TO ORDER:
Chairperson Newman called the February 1, 1995, Planning
Commission meeting to order at 7:35 p.m.
ROLL CALL:
Members Present:
Members Absent:
Dave Newman, LeRoy Oquist, Diane Savage,
Dean Saba
Dave Kondrick, Brad Sielaff, Connie Modig
Others Present: Barb Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Ceann Haluptzok, 254 - 96th Lane N.E.,
Blaine, Minnesota
APPROVAL OF DECEMBER 14 1994 PLANNING COMMISSION MINLTTES:
MOTION by Mr. Saba, seconded by Mr. Oquist, to approve the
December 14, 1994, Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NE6�MAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
APPROVAL OF AGENDA:
MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the
agenda.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP
#94-19. BY JOHN LUND:
Per Section 205.17.O1.C.(9) of the Fridley City Code, to
allow an automotive repair garage in an M-1, Light
Industrial zoning district on Lot 1, Block 1, Central View
Manor 3rd Addition, generally located at 1175-81 - 73 1/2
Avenue N.E.
Mr. Hickok stated the petitioner had withdrawn the request.
2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP
�94-20. BY JOHN WiTCHKO OF MAACO AUTO PAINTING AND BODYWORKS:
Per Section 205.18.O1.C.(12) of the Fridley City Code, to
allow outdoor storage of materials and equipment, on Lot 2,
Block 4, Commerce Park, generally located at 148 Osborne
Road N.E. This request is due to a transfer of ownership.
j.,� PLANNING COMMI88ION MEETING. F�BRIIARY 1, 1995 PAGE 2
The existing use (MAACO Auto Painting and Body�aorks) will
not change.
MOTION by Ms. Savage, seconded by Mr. Saba, to waive the reading
of the public hearing notice and to open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER90N NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7s37 P.M.
Mr. Hickok stated the request for a special use permit is being
made by MAACO Auto Body for the site at 148 Osborne Road. In
reviewing the request, staff discovered that MAACO is in
existence today and has just recently changed ownership. Based
on a stipulation from May, 1990, early discussions with the new
owner were that they would come back through the special use
permit process. The stipulation referred to reads as follows:
4. This special use permit applied solely to MAACO Auto
Painting and Bodyworks. This special use permit cannot be
transferred to a future tenant without the approval of the
Planning Commission and City Council.
Mr. Hickok stated the original owner is no longer the owner of
� MAACO. Mr. John Wuchko has taken over ownership. We discussed
with Mr. Wuchko the intentions for the site which will remain as
MAACO. The name and operation will stay the same. The original
screening area, landscaping and stipulations that applied to the
first property still apply. After further review, staff believed
that this did not need special use permit review. If it is the
Planning Commission's wish, staff will remove this from the
agenda before it gets to the City Council and refund the special
use permit fee. In retrospect, if staff had known the history at
the time of application, staff would have explained to the
petitioner they did not need a special use permit because they
are not changing names.
Mr. Newman asked if the Planning Commission would run the risk of
the City Council second guessing their judgment.
Mr. Hickok stated he did not think so. He got a second opinion
from the city attorney's office who concurs with staff's opinion.
Mr. Oquist asked if the rationale is that the business is still
MAACO and the only difference is there is a different otnmer.
When the business changes from MAACO to a different business or
different use, this would need to be reviewed.
Mr. Hickok stated this was correct.
Mr. Saba stated he saw no problem in approving with the
understanding that this only needs to come back before the
r;,;,� PLANNING CONIIKISSION MEETING FEBRIIARY 1. 1995 PAGE 3
Planning Commission if the use or the name changes.
MOTION by Mr. Saba, seconded by Ms. Savage, to close the public
hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARING CL08ED AT 7:�0 P.M.
MOTION by Mr. Saba, seconded by Mr. Oquist, to concur with staff
recommendation that it is not necessary for the Planning
Commission to take action; but in the alternative, if the City
Council does want to take action, we would recommend approval
with the following stipulations:
1. Vinyl slats shall be installed for screening purposes.
2. The fence shall be no higher than 8 feet tall as outlined by
the Zoning Code.
3. The sod shall be removed and replaced with class 5 gravel
and a liner or barrier to protect the ground from leakage.
4. This special use permit applies solely to MAACO Auto
^� Painting and Bodyworks. In the future, the special use
permit does not need to be reviewed by the Planning
Commission unless both the tenant and the name under which
they do business change.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
3. VACATION REOUEST. SAV #94-Q4 BY CEANN HALUPTZOK:
To vacate a small portion of a drainage and utility easement
on the south property line of Lot 7, Block 2, Blomberg
Estates, in order to correct a garage encroachment,
generally located at 7580 Brigadoon Place N.E.
Mr. Hickok stated the request is to vacate a portion of an
easement along the southern property line at 7580 Brigadoon
Place. The house was constructed in a manner that the garage
encroaches 6 inches over the 10-foot utility easement along the
southern portion of the lot. This was not identified as an issue
at the time of construction. When the survey came in, it
indicated the structure would be 10 feet from the lot line.
Sometime between the approval and construction, the foundation
went over the line. The petitioner has discussed this with
staff. Staff has discussed this with the Engineering Department
and determined the favored option would be to sign a hold
harmless agreement to release the City from responsibility in the
,� event crews must get in to do work. It was the petitioner's
choice to have that portion of the easement where the home sits
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PLANNING_COMMI88ION MEETINa. FEBRIIARY 1. 1995 PAGE 4
vacated. In discussing this further with the Engineering staff,
staff did an analysis to see if there was anything below that
easement to determine the risk. There is an 18-inch storm sewer
that runs down the easement. There is also an 8-inch sanitary
sewer line but not in the same easement which reduces the risk
somewhat. The Engineering staff would be comfortable with the
vacation of this portion because the encroachment is only 6
inches.
Mr. Hickok stated staff are requesting a legal description of the
vacated area be submitted before the request goes before the City
Council. This will allow staff to more easily identify where the
vacated easement is located. Staff recommends approval of the
request with the following stipulations:
1. A legal description of the area to be vacated shall be
submitted to the City prior to recording the vacation at
Anoka County.
2. Verification of utility locations and acknowledgement of
intent to vacate shall be documented, with copies submitted
to the City, prior to recording this vacation with the Anoka
County Recorder's Office.
Mr. Saba asked, if the easement is vacated, what could happen if
the City must dig along the sewer and it undermines the
foundation to the garage.
Mr. Hickok stated the petitioner was concerned about that, but as
long as it was only 6 inches or less, staff felt they could work
around that. The vacation is only along the length of the garage
foundation.
Mr. Saba asked if the City felt comfortable without a hold
harmless agreement.
Mr. Hickok stated he thought the vacation is the next step and,
in lieu of the hold harmless agreement, it is the next
alternative.
Mr. Newman asked what utilities are there and at what depth are
they located.
Mr. Hickok stated there is an 18-inch storm sewer about 5 feet
below the surface.
Ms. Haluptzok provided Mr. Hickok with the legal description as
requested in stipulation #1. She had no additional comments.
MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to the
City Council approval of Vacation Request, SAV #94-04, by Ceann
� PLANNING COMMI88ION MEETING. FEBRIIARY 1, 1995 PAaE 5
Haluptzok, to vacate a small portion of a drainage and utility
easement on the south property line of Lot 7, Block 2, Blomberg
Estates, in order to correct a garage encroachment, generally
located at 7580 Brigadoon Place N.E., with the following
stipulations:
1. A legal description of the area to be vacated shall be
submitted to the City prior to recording the vacation at
Anoka County.
2. Verification of utility locations and a�knowledgement of
intent to vacate shall be documented, with copies submitted
to the City, prior to recording this vacation with the Anoka
County Recorder's Office.
Mr. Newman expressed concern about the precedent the Planning
Commission might be setting. However, the Commission has taken
into consideration the depth of the existing utilities, the
amount of slope and amount of work area needed to service the
utilities, the fact that the amount being requested is
substantially less than one foot and limited only to the actual
area of encroachment which is the length of the garage foundation
and not the entire length of the lot.
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IIPON A VOICE VOTE, ALL VOTINd AYE, CHAIRPERSON NET�MAN DECLARED
T8E MOTION CARRIED IINANIMOIISLY.
Mr. Hickok stated the City Council would review this request at
their February 13th meeting.
4. CONSIDER RESOLUTION FOR EXPANDING REDEVELOPMENT PROJECT
AREA, AND CREATING TIF DISTRICT #13
Ms. Dacy stated State law requires that the Planning Commission
evaluate expansion of a redevelopment area and the creation of a
TIF district before the City Council holds a public hearing and
gives subsequent approval. The Planning Commission is to review
the consistency between the Comprehensive Plan and what the
proposed TIF district and redevelopment area is to accomplish.
Ms. Dacy stated the City has worked hard on the Southwest
Quadrant. Recently, the City Council and the HRA directed staff
to initiate the process to e�and the project area to include the
apartment buildings and relocate the tenants in order to enlarge
the site and maximize the value of the development.
Ms. Dacy stated she went through the Comprehensive Plan and
identified pertinent parts. She recommends the Planning
Commission approve the expansion because, in her findings, it is
� consistent with some of the goals established in the
Comprehensive Plan. There is no specific reference to the
� PLANNING COMNiISSION MEETING� FEBRIIARY 1. 1995 PAGE 6
Southwest Quadrant or the downtown redevelopment effort in the
Plan, but there are portions that match what the City Council and
the HRA are trying to do. The Planning Commission must pass a
resolution, a copy of which was included in the agenda packet.
The chairperson would be asked to sign the original resolution,
if approved.
Ms. Dacy reviewed the concept plan for the Southwest Quadrant.
The developer, Rottlund Homes, is proposing three types of
housing - single family detached townhomes, attached townhomes,
and two senior condominium buildings. The single detached
townhomes look like single family homes but the maintenance is
provided by the association. These would be constructed where
the apartment buildings currently exist. The concept plan
indicates 26 of these units would be constructed. In the middle
would be medium density, attached townhomes with three stories.
The first story would be the garage with two floors of living
space above. There would be 16 units per building. The senior
condominium buildings would be located near the intersection of
Mississippi and University, would be four stories tall, each with
underground parking and each with 24 units. These would be owner
occupied. There is a pedestrian open space. The stormwater pond
is an amenity at the core of the site to provide pedestrian space
� and a trail.
Ms. Dacy stated, when looking for a developer, the City Council
and HRA looked at the site plans, the design guidelines, and
whether the developer could.produce a product for the
marketplace. When selecting a developer for the site, Rottlund
Homes was selected based on more than just the design guidelines.
Mr. Saba asked if there had been discussion about a walkway
across University Avenue.
Ms. Dacy stated yes, this was discussed but the developer did not
say they would make the connection. They did acknowledge the
senior buildings were four stories and there could be a
connection for a skyway. The developer is aware that we want
that connection.
Ms. Dacy stated, at the corner of Mississippi and University, the
City Council asked the developer to come up with a public
feature. They came up with a park-like space coming into the
area.
Ms. Dacy stated the City of Hopkins had an "Adopt-A-Brick"
program. This may be an approach for fundraising.
Ms. Savage asked how far south the development would go.
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Ms. Dacy stated the development would go as far south as
� PLANNINa COMMISSION MEETING� FEBROARY 1, 1995 PAdE 7
Satellite Lane.
MOTION by Ms. Savage, seconded by Mr. Saba, to approve Resolution
No. 1- 1995 of the Fridley Planning Commission, Finding the
Modification to the Redevelopment Plan for Redevelopment Project
No. 1 to be Consistent with the Comprehensive Plan of the City.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NE�MAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
Mr. Newman stated he thought the redevelopment would be
successful. He liked the detached townhomes and the
condominiums, and thought they looked attractive. He has
concerns however about the attached townhomes. They look very
small and felt they would be worth about $70,000.
Ms. Dacy stated the developer are agreed to a minimum market
value of $90,000.
Mr. Newman thought that was good. With 16 units back to back,
there is a lot of mass and a lot of the units will be dark. He
is concerned about the market value in 10 to 15 years. He is
disappointed in the circulation and the traffic route. It looks
,� like they took one here and one there.
Ms. Dacy reviewed the proposed hearing process. Because of the
size and importance of the development, the Planning Commission
chair has requested the Commission have two meetings. Staff have
identified the regular Planning meetings for March are on the ist
and 15th. Staff would like the Planning Commission to hold a
special meeting on March 29. If that is the first of the two
meetings, the next regular meeting is April 5. If there are
comments expressed on March 29 that staff would need to follow up
on and develop changes, there could be another special meeting on
April 12 or they could wait until the regular meeting on April
19. This will be dependent on the amount of time the Planning
Commission wants to devote to this not knowing what the regular
agenda will be.
Mr. Newman asked if the Commission was comfortable with the
process for holding two meetings.
Mr. Saba stated the City needs to do a good job upfront so he
thought the Planning Commission must take the time.
Mr. Newman stated the more time the CoYnmission can give staff,
the better. He requested the Commission plan to meet on March 29
and then on April 19.
� Ms. Dacy stated there is another issue to be considered. The
liquor store is making money and doing very well. The City
� PLANNING_COMMISSION MEETING. FEBRIIARY 1. 1995 PAGE 8
Council wants to keep the liquor store and authorized staff to
pursue another location. She anticipates controversy regarding
the relocation of this business.
Ms. Dacy reviewed the schedule and where staff are in the
process. Staff hope to have everything done so they can transfer
the property on August 1.
5. CONSIDER 1995 CDBG ALLOCATION
Ms. Dacy stated the Human Resource Commission did not meet in
January. Staff are proposing the same type of split in the
appropriations as last year -$25,000 for the Human Resources
Commission to disburse to eligible agencies, $2,500 for the ACCAP
Senior Outreach Worker, and $2,500 for the Fridley Senior Home
Companion Program. The Human Resources Commission will at their
next meeting decide what to do with re-allocated funds.
According to the process, the Planning Commission is to sign off
on this.
MOTION by Mr. Oquist, seconded by Ms. Savage, to concur with the
proposed disposition -$25,000 for the Human Resources Commission
to disburse to eligible agencies, $2,500 for the ACCAP Senior
,� Outreach Worker, and $2,500 for the Fridley Senior Home Companion
Program - subject to approval by the Human Resources Commission.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
6. RECEIVE THE MINUTES OF THE ENVIRONMENTAL 4UALITY & ENERGY
COMMISSION MEETING OF NOVEMBER 15 1994
MOTION by Mr. Saba, seconded by Mr. Oquist, to receive the
Environmental Quality & Energy Commission minutes of November 15,
1994.
OPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIIBLY.
7. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION
MEETING OF_DECEMBER 5. 1994
MOTION by Mr. Mr. Saba, seconded by Ms. Savage, to receive the
Parks and Recreation Commission minutes of December 5, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NE�JMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
8. RECEIVE THE MINUTES OF THE HOUSING & REDEVE7�OPMENT AUTHORITY
� MEETING OF DECEMBER 20. 1994
^ PLANNING COMMI88ION MEETING� FEBRIIARY 1, 1995 PAGE 9
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MOTION by Mr. Saba, seconded by Ms. Savage, to receive the
Housing & Redevelopment Authority minutes of December 20, 1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
ADJOURNMENT
MOTION by Mr. Oquist, seconded by Mr. Saba, to adjourn the
meeting.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED AND THE FEBRIIARY 1� 1995� PLANNING COMMISSION
MEETING ADJOIIRNED AT 8515 P.M.
Respectfully submitted, .
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Lavonn Cooper
Recording Secretary
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8 I G N— IN S H E E T
PLANNING COMMISSION .MEETING, Wednesday, _February 1, 19995
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