PL 03/15/1995 - 30804�
CITY OF FRIDLEY
- PLANNIN�3 COMMI88ION MEETINC�i� MARCB 15� 1995
CALL TO ORDER•
Chairperson Newman called the March 15, 1995, Planning Commission
meeting to order at 7:34 p.m.
ROLL CALL•
Members Present: Dave Newman, Dave Kondrick, Diane Savage,
Brad Sielaff, Dean Saba
Members Absent: LeRoy Oquist, Connie Modig
Others Present: Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
Judith Konseln, 5828 2 1/2 Street N.E.,
Fridley, Minnesota
A1 & Kathy Roesler, 5955 - 3rd Street N.E.
Martin & Emily Dykhoff, 5810 - 3rd Street
N.E.
Terry Hart, 6000 - 3rd Street N.E.
Delores DeMars, 1130 N.E. Fireside Drive
,� Joyce Trehisonsky, 4525 Ewing North,
Robbinsdale, Minnesota
Bruce Boegel, Holiday Plus
A1 Brama, 1699 Radisson Road, Blaine, MN
APPROVAL OF FEBRUARY 15. 1995. PLANNING COMMISSION MINUTES:
MOTION by Mr. Saba, seconded by Ms. Savage, to approve the
February 15, 1995, Planning Commission minutes as written.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON NEWMAN DECLARED
T$E MOTION CARRIED IINANIMOIISLY.
APPROVAL OF AGENDA:
Mr. Newman stated the Lyndale Terminal Company had asked that
their request for special use permit, SP #95-03, for Holiday Plus
be tabled until April. Therefore, the public hearing will not be
conducted.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the
agenda as amended.
IIPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERBON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
„� PLANNINa COMMI88ION MEBTING. MARCH 15, 1995 PAaE 2
1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, #95-
04, BY ALBERT BRAMA FOR AUTO-TECH RESOURCES:
Per Section 205.17.O1.C.(9) of the Fridley City Code, to
allow an auto repair garage to be located on Lot 3, Block 1,
Central View Manor 2nd Addition, generally located at 1175 -
73 1/2 Avenue N.E.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the
reading of the public hearing notice and to open the public
hearing.
IIPON A VOICE VOTE, ALL VOTIN(� AYE, CHAIRPERSOIJ NEWMAN DECLAR�D
THE MOTION CARRIED AND THE PIIHLIC HEARINC� OPEN AT 7t38 P.M.
Mr. Hickok stated the request is for a special use permit for an
auto body repair shop located at 1175 - 73 1/2 Avenue. The
property is zoned M-1, Liqht Industrial. The property is located
north of 73 1/2 Avenue and east of Highway 65. The surrounding
properties are zoned commercial towards Highway 65. There is M-
1, Light Industrial, zoning to the east. To the north is a mix
of mobile home residential and also a small retail property.
Mr. Hickok stated in July, 1994, the City Council approved a
,� to allow the creation of a new structure for Rite-Way Mobile
Repair. This structure is 13,000 square feet and would
accommodate the Rite-Way Mobile Home Repair business as well
possibly two other tenants.
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Mr. Hickok stated this request is to allow a body shop to be
constructed within this multi-tenant building. The body shop
would be in the easterly portion of the building and would
utilize the rear screened storage area constructed at the time of
the original construction. That area has a privacy fence to
screen the area from the adjacent properties. The property has
been landscaped and there is a parking area for customers and
employees to the south which is the front of the building.
Mr. Hickok stated the Sign Code requires that multi-tenant
buildings with three or more tenants are required to comply with
the sign criteria so we have a consistent package for signage.
This tenant would be asked to comply with these requirements.
Mr. Hickok stated the petitioner would be required to comply with
Chapter 18 which relates to the licensing and business
specifications for a body shop including the criteria for
ventilation, spray booth operation�, and gives specifics for the
fees and procedure for licensing. As part of this, there would
be a license investigation by the police department which is
sicandard procedure and which must be in place. Staff is asking
this be done before the request goes to the City Council.
^ PLANNING COMMI88ION MEETINa. MARCH 15. 1995 PAdE 3
Mr. Hickok stated to the west of the subject property a multi-
tenant auto mall that had been proposed. Some of the
stipulations come from that request. To the north, there is a
residential district. The stipulation stating there be no repair
before 7:00 a.m. or after 9:00 p.m. would mean fewer implications
to the property owners to the north. Since a stipulation was
used for that project, staff felt it appropriate for this use
also.
Mr. Hickok stated staff has reviewed the request and recommends
the Planning Commission recommend approval of the request with
the following stipulations:
1. The petitioner and his successors shall comply with all the
M-1 Requirements for outdoor storage.
2. All signs shall comply with the City Sign Code and Sign
criteria approved by the City Council for this building.
3. The petitioner or successors shall comply with all
provisions of Chapter 18 of the City Code.
4. There shall be no storage of junk or inoperable vehicles
,-� visible to the public right-of-way.
5. There shall be no body damaged vehicles or vehicles missing
body component parts visible to the public right-of-way.
6. No vehicle display or sales shall be permitted on this site.
7. Auto body repair and painting tenants shall comply with EPA
regulations to control odor emissions and hazardous
materials.
8. There shall be no repair of automobiles before 7:00 a.m. or
after 9:00 p.m.
9. The petitioner shall comply with all Fire Department
regulations.
10. The petitioner shall apply for and receive permits for the
spray booth and flammable liquid storage.
11. Issuance of the special use permit shall be contingent on
approval of the County's hazardous waste generator's license
and the City's Motor Vehicle Body Repair license.
Mr. Kondrick asked how many square feet would be occupied by this
business.
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PLANNING COMMIBSION MEBTINd, MARCH 15. 1995 PAdE 4
Mr. Hickok stated this business would occupy 4,300 square feet.
Mr. Sielaff stated he had questions regarding the required
permits. Stipulation #7 requires compliance with EPA
regulations. Does this mean the petitioner must get a permit?
How is this regulated?
Mr. Hickok stated the County is the local authority for hazardous
waste generators. The State also has to sign off on the
operation of the auto body repair. They check that the emission
standards are appropriate. A11 of the inspection for these
different items are standard for all body shops and are
inspections that are primarily performed by the County.
Mr. Kondrick asked if the City followed up to see that the County
and State have checked the operation.
Mr. Hickok stated the City signs off on the use at least for the
County hazardous waste generator. As far as the EPA odor
emissions, he thought the City received verification but the City
did not sign off. He would have to follow up to be sure.
Mr. Sielaff stated he would like to know if this requires a
,-, permit from the MPCA. There is a permit by rule where they are
allowed to do it without permit. He wondered if a body shop
requires an individual permit.
Ms. McPherson stated she had spoken with the County�s hazardous
waste person. The petitioner is required to get a State EPA
number for generating hazardous waste so there is an.application
process for the handling and storing hazardous materialse This
number is required before getting a hazardous waste generator's
license from the County. The County does the inspections and
works with the applicants to make sure the paperwork is filled
out and that they comply with the State requirements.
Mr. Sielaff asked if it was up to the County to enforce.
Ms. McPherson stated yes. However, the fire department also has
a permit which needs to be filled out at the local level, and
they make sure the storage is proper.
Mr. Sielaff asked what the difference was between the fire
department permit and that of the County.
Ms. McPherson stated the fire department is looking at the
storage. The County and the EPA are of in charge of generating
lists of the hazardous chemical that are being handled, the type
of waste, how much waste, and whether the waste is or is not
�"'� hazardous. It sounds as if they must take a strong inventory of
� what is being disposed.
^ PLANNING COMMISSION MEETINa, MARCx 15. 1995 PAaE 5
Mr. Sielaff stated the other issue is the odor emissions. He
asked if there were other paint booth operations in the City and
if there was anything different about how those operationa.
Mr. Hickok stated there are other paint booth operations, some of
which are close to residential areas. This is consistent with
what other body shops have done and there is an annual review.
If there are any issues of compliance, that would come up also.
Mr. Brama stated he had no additional comments. He wants to move
his operation to Fridley to get closer to home.
Mr. Kondrick asked if he had any problems with the stipulations.
Mr. Brama stated he had no questions. He has already gone
through this.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public
hearing.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NE�MAN DECLARED
THE MOTION CARRIED AND THE PIIBLIC HEARINa CL08ED AT 7s48 P.M.
� Mr. Kondrick stated he had no problem with the request. The
stipulations are well thought out and appropriate for the
facility and the location. It seems that consideration has been
taken for the neighbors close by for their protection and for the
other tenants in the building. He would recommend approval.
MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend
approval of Special Use Permit, SP #95-04, by Albert Brama for
Auto-Tech Resources to allow an auto repair garage to be located
on Lot 3, Block 1, Central View Manor 2nd Addition, generally
located at 1175 - 73 1/2 Avenue N.E., with the following
stipulations:
1.
2.
3.
4.
5.
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The petitioner and his successors shall comply with all the
M-1 Requirements for outdoor storage.
All signs shall comply with the City Sign Code and Sign
criteria approved by the City Council for this building.
The petitioner or successors shall comply with all
provisions of Chapter 18 of the City Code.
There shall be no storage of junk or inoperable vehicles
visible to the public right-of-way.
There shall be no body damaged vehicles or vehicles missing
body component parts visible to the public right-of-way.
^ PLANNINa COMMI88ION MEETING. MARCH 15, 1995 PAQE 6
6. No vehicle display or sales shall be permitted on this s3te.
7. Auto body repair and painting tenants shall comply �ith EPA
regulations to control odor emissions and hazardous
materials.
8. There shall be no repair of automobiles before 7:00 a.m. or
after 9:00 p.m.
9. The petitioner shall comply with all Fire Department
regulations.
l0. The petitioner shall apply for and receive permits for the
spray booth and flammable liquid storage.
11. Issuance of the special use permit shall be contingent on
approval of the County's hazardous waste generator's license
and the City's Motor Vehicle Body Repair license.
QPON A VOICE VOTE, WITH MR. NEWMAN, MR. RONDRICR� M8. �ADAGE AND
MR. SABA VOTING AYE AND MR. BIELAFF ABBTAINING, CHAIRPERBON
NET+�MAN DECLARED THE MOTION CARRIED.
� Mr. Hickok stated the City Council would review this request on
April 17. �
2. CONSIDERATION OF A SPECIAL USE PERMIT SP #95-03 BY LYNDALE
TERMINAL COMPANY:
Per Section 205.15.01.C.(11) of the Fridley City Code, to
allow garden centers or nurseries which require outside
display or storage of inerchandise, on Lot 1, Block 1,
Holiday North 1st Addition, generally located at 250 - 57th
Avenue N.E. (Holiday Plus Store)
Mr. Newman stated a public hearing had been scheduled for this
date. Since the petitioner has requested the item be tabled,
when would the public hearing be rescheduled?
Mr. Hickok stated the petitioner has requested 30 days to address
some of the City's concerns. At this point, it looks as if this
request would be heard on April 24. All appropriate parties will
be re-notified at that time.
3. CONSIDERATION OF A VACATION REOUEST SAV #95-01 BY THE CITY
OF FRIDLEY:
To vacate all that part of the egress road from T.Ii. 47
(University Avenue, lying over Lots 29 and 30, Block 12,
Hyde Park, in order to construct a single family home on the
property, generally located at 5900 - 3rd Street N.E.
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PLANNINQ COMMISSI�N MEETING MARCH 15, 1995 PAGE 7
Ms. McPherson stated the request is generally located in the
block of 3rd Street. It is located very close to the
intersection of 3rd Street and 60th Avenue N.E. The reques�
would vacate that portion of the slip-off road from the west
line of University Avenue to the 3rd Street curb line.
590Q
curb
Ms. McPherson stated the City chose, in 1969, to provide an
access to the commercial properties located along the westerly
boundary of University Avenue. At that time, the city moved to
acquire the property at 5981 - 3rd Street which is composed of
two legally described lots, Lots 29 and 30 of Block 12, Hyde
Park. There was a dwelling located on the property at that time.
The age of that dwelling was undetermined. The first permit of
record in the address file was issued in 1965 to re-roof the
structure due to storm damage. In 1971, the City moved to
condemn the property to provide access to commercial properties
along 3rd Street. This decision occurred as a result of a study
done in 1969. The condemnation did not occur as the property
owner chose to sell the property to the City to complete the
improvement. The slip-off road was constructed as part of a
public improvement project in.1970 and 1971. Properties assessed
for the project including those fronting both sides of 3rd Street
and those on the east side of 2 1/2 Street.
Ms. McPherson stated, at this time, the City owns the two lots
which the road crosses so this request is unique in the fact that
we are not asking to vacate a dedicated right-of-way. The City
Attorney advised that, because public use has been established
over this particular property, it was best to process a formal
vacation request to allow for public comment and testimony.
Ms. McPherson stated the City, in�October 1994, purchased 5973 -
3rd Street which is located just south of the subject parcel. On
this parcel was Custom Mechanical which was the original
commercial property in Hyde Park. The purpose of purchasing this
property was to remove the commercial building and to sell the
property for a single family dwelling. This would fulfill the
purpose of Hyde Park which�is to promote residential
redevelopment in this particular part of the City. If the
vacation request is approved, the City intends to sell this
property to allow construction of a single family dwelling. As
part of the vacation, the City would remove the blacktop from the
curb line of Highway 47 to 3rd Street, reseed the area, and widen
3rd Street to a full two-way width. 60th Avenue would have a new
curb line and access would still be available to those persons
using the alley located between University Avenue and the
residences north of the subject parcel.
Ms. McPherson stated the E�gineering Department has determined
that there are a number of drainage improvements which will need
to occur to assure that the.street and subject parcel will drain
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PLANNING COMMISBION MEETING, MARCH 15. 1995 PAGE $
properly. The original public improvement project for 1970
included approval from the Minnesota Department o� Transportation
(MnDOT). Staff has had convessations with MnDOT and the City has
some legal paperwork to complete to officially close the access
from MnDOT. Once the pavement has been removed and
reconstructive work has been completed, the City intends to
install a fence along Universit� to completely close access and
will devise additional screening similar to what is currently
along the westerly fence line of University Avenue.
Ms. McPherson stated staff recommends the Planning Commission
recommend approval of the vacation request to the City Council
with the following stipulations:
1. Access shall be returned to MnDOT via a Quit Claim Deed.
2. 3rd Street and 60th Avenue shall be reconstructed to provide
improved traffic flow and aesthetics.
Mr. Kondrick stated, when the access road was first constructed,
properties were assessed for the improvements. Will there be any
assessments when this is closed?
Ms. McPherson stated no.
Mr. Newman stated the site plan indicates a green area to the
north of the proposed parcels. Who owns this area?
Ms. McPherson stated this property is currently part of the
right-of-way. The City would continue to use this area for snow
storage. She estimated the width of area to be�60 feet.
Mr. Newman suggested using this property to enlarge the lots to
make the lots more buildable.
Ms. McPherson stated the lots are currently 10,000 square feet.
Because the two lots are already individual tax parcels, the City
wanted to reduce the expense required by replatting.
Mr. Newman stated the right-of-way is 60 feet. The lots are 40
feet. He suggested that, if the lots were 50 feet and there were
constructed single level townhomes, the City might get more value
from the lots. �
Ms. McPherson stated this may be an option. It would however
require rezoning or granting a variance.
Ms. Roesler stated they lived next to the Custom Mechanical
property. Staff stated the City was going to reseed. What is
'� going to happen to the Custom Mechanical property? It is a mess.
� PLANNINa COMMISBION MEETTNa. MARCH 15, 1995 PAaE 9
Ms. McPherson stated, when the structure was torn down, it was
very late in the year. As part of demolition contracts with the
City, one stipulation is that the demolition contractor needs to
reseed or resod the property. The contractor will be reseeding
this spring.
Ms. Roesler asked if the construction of the fence would include
the Custom Mechanical property also. .
Ms. McPherson stated at this time staff has not looked at this.
Mr. Kondrick asked if the fence stops before the Custom
Mechanical property.
Ms. Roesler stated Custom Mechanical was their security fence.
Now, pedestrians are going across their•yard like the freeway.
She spoke with Ms. Dacy about it who said the City might be able
to put up some type of fence to give them the privacy they are
used to. The property is accumulating qarbage because the
children are using it for a playground.
Mr. Kondrick felt this would stop when a building goes up. He
did appreciate the fact that this can be a collection point for
� kids.
Ms. Roesler asked how soon the access would be closed off.
Ms. McPherson stated, regarding the fence, a decision has not
been made. There is an opportunity for comment to the City
Council at the public hearing. Regarding the timing to close the
access, it will take April and May�to get through the vacation
process. The Engineering Department has been notified that this
is to be included in the 1995 street projects. At this point she
cannot give a definite date. The City will do what they can to
expedite the construction.
Ms. Roesler stated their yard has been torn up making it
difficult to mow their yard.
Ms. McPherson stated, regarding the demolition, staff will make
sure the contractor gets out there as soon as possible.
Mr. Saba asked if they felt the problem in that area would slow
down when the access is taken out.
Ms. Roesler stated she did not know. She sees a lot of young
people cutting across University Avenue, jumping the fence and
going down to 60th. The litter is a problem.
/�'� Mr. Newman asked her opinion about closing the access.
� PLANNING COMMISSION MEETINa� MARCH 15. 1995 PAaE 10
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Ms. Roesler stated she was okay w3th cutting off the access.
Some mornings there is a lot of traffic going by. When
University Avenue traffic slows, drivers will use the slip-off to
go down Third to the traffic signal to have access to the freeway
more quickly.
Mr. Sielaff asked if this project would be done this year.
Ms. McPherson stated it is the City's intent to have this done
this year. The City would like to dispose of the properties as
soon as possible. Staff will take all public comment into
consideration.
Ms. Konseln stated she has lived in the area for 24 years and
plans to stay. She has used the access road for all the 24 years
she has lived there and she does not want to see that road closed
off.
Mr. Kondrick asked how she would get home if the access were
closed.
Ms. Konseln stated she would have to go down 60th or 61st. There
are other ways but those are longer.
Mr. Kondrick asked her opinion about the traffic being slower or
there being fewer cars.
Ms. Konseln stated it does not bother her one way or another.
She knows a lot of people who use that.road and really like it.
Mr. Dykhoff stated he would like to see that intersection torn
up. It is a dangerous intersection. At 3rd Street, only one car
can get through there. He would approve of taking the slip-off
out. . �
Mr. Saba stated he thought that would reduce the traffic in that
area.
Mr. Dykhoff stated he does not use the slip-off. Traffic that
does use it comes through there at 40 miles per hour.
Mr. Roesler stated he recommended taking out the slip-off
because, at the stop sign, the street is narrow. In the winter
with the snow, there is only enough room for one car to go
through that narrow strip. There is a lot of heavy truck traffic
through there. The trucks go down 3rd Street to get to park by
the Hardee's Restaurant on 3rd Street.
Mr. Kondrick asked if Mr. Roesler had seen semi trucks going
� through there.
�„� PLANNING COMMI88ION MEETINa. MARCH 15. 1995 PADE li
Mr. Roesler stated yes, there are semis that come through there.
Traffic does not stop at the stop sign. There will be an
accident at that area. Also, cars come off the slip-off and turn
right to go north. The slip-off was designed for traffic to go
south.
Mr. Saba stated it is something long overdue. There is much we
have to do for that area. This is a big first step 3n making
this a better, quieter and safer neighborhood.
Ms. Savage agreed. •
Mr. Kondrick agreed. He is in favor of the closure of the slip-
off as well.
Mr. Saba asked if the City could do more plantings along the
green area to separate the area from 60th and give the area more
of a neighborhood feeling. ,
Ms. McPherson stated they could add some trees.
Mr. Saba stated, if a business were there, the City would require
some trees or plantings. He thought the City should consider
� doing this.
Mr. Newman stated the City Council and the City has made a
decision to make this should become a residential area and to do
what we can to reach that goal. This is consistent for the
planning direction for this area. �
Mr. Kondrick asked if 3rd.Street will be widened.
Ms. McPherson stated the street will be widened by the two lots.
The street was narrowed originally with the intention to make it
a one-way street. The section by the two lots will be widened to
make it match what is existing.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend
approval of Vacation Request, #95-01, by the City of Fridley, to
vacate all that part of the egress road from T.H. 47 (University
Avenue, lying over Lots 29 and 30, Block 12, Hyde Park, in order
to construct a single family home on the property, generally
located at 5900 - 3rd Street N.E., with the recommendations as
presented and with the following stipulations:
1. Access shall be returned to MnDOT via a Quit Claim Deed.
2. 3rd Street and 60th Avenue shall be reconstructed to provide
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improved traffic flow and aesthetics.
^ PLANNINa COMMI88ION MISETINa. MARCH 15. 1995 PAaE 12
IIPON A VOICE VOTE, ALL VOTINa AYE, CHAIRPER80N NEWMAN DECLARED
THE MOTION CARRIED IINANIM008LY.
Ms. McPherson stated the City Council will be establishing a new
public hearing for April 17: Notices will be sent.
4. RECEIVE THE MINUTES OF TiiE PARKS & RECREATION COMMISSION
MEETING OF FEBRUARY 6. 1995
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the
Parks & Recreation Commission minutes of February 6, 1995.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPER80N NEWMAN DECLARED
TSE MOTION CARRIED IINANIMOIISLY.
5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
MEETING OF FEBRUARY 9 1995
MOTION by Ms. Kondrick, seconded by Ms. Savage, to receive the
Housing & Redevelopment Authority minutes of February 9, 1995.
IIPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
THE MOTION CARRIED IINANIMOIISLY.
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ADJOURNMENT
MOTION by Mr. Kondrick,•seconded by Ms. Savage, to adjourn the
meeting.
IIPON A VOICE VOTE, ALL VOTIN(� AYE, CHAIRPER80N NEWMAN DECLARBD
THE MOTION CARRIED AND THE MARCH 15� 1995� PLANNIN(3 COMMIBSION
MEETING ADJOIIRNED AT 8:15 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, March 15, 1995