03/18/1998 - 00003308CITY OF FRIDLEY
PLANNING COMMISSION MEETING, MARCH 18, 1998
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Chairperson Savage called the March 18, 1998, Planning Commission meeting to order at
7:30 p.m.
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Members Present: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba,
Brad Sielaff, Connie Modig, Larry Kuechle
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Others Present: Scott Hickok, Planning Coordinator
Paul Tatting, Planning Assistant
Walter Klus, W. W. Klus Realty, Inc.
M. Richards, Express Auto Sales & Leasing
William Hogan, 365 Mississippi Street N.E.
Craig Christensen, Semper Development
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MnTInN by Mr. Kondrick, seconded by Mr. Oquist, to approve the February 18, 1998,
Planning Commission minutes as written.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Pl BLIC; HEARINC�� C;nNSIDERATInN nF A VAC;ATInN RECJI IEST, SAV #98-01 �
BY SEMPER DEVELnPMENT, LTD :
To vacate a five foot wide drainage and utility easement on Lots 13-16, Block 3,
Rice Creek Terrace, Plat 2, to allow the construction of a new Walgreen's store,
located at 6525 University Avenue N.E.
MnTInN by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public
hearing notice and to open the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M.
Mr. Tatting stated the request by Semper Development is to vacate a 5-foot drainage and
utility easement at 6525 University Avenue to allow the construction of a new 13,900
square foot Walgreen's store at the site.
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Mr. Tatting stated the site is zoned S-2, Redevelopment District. The zoning to the north is
R-1, Single Family; to the east is R-1, Single Family; to the south is S-2, Redevelopment
District; and to the west is C-3, General Shopping Center District. The lot size is 2.6 acres.
Mr. Tatting stated the former building was 20-feet from the property line and easement.
The development is two plats, and the existing east/west easement divides the property in
half. The former building was not in the easement area. The overhead utility lines were
located in the easement and ran to a city street light on 66th Avenue N.E. The overhead
utility lines have been moved to now run north/south along the eastern property line to
connect with the street light on 66th Avenue.
Mr. Tatting stated the proposed construction would take place over the existing easement
area. The City is not using this easement for any utilities. The storm sewers are in the
street right-of-way. Minnegasco does not use the existing easement either. U. S. West
and Paragon Cable use the overhead wires but service stops at the last pole before the
proposed building. NSP is using the overhead lines for the street light.
Mr. Tatting stated the former building was 14,500 square feet. The proposed building is
13,905 square feet. The proposed building site has been moved so that it would now be
located on both sides of the existing easement. The site plan shows the building, parking,
lighting and landscaping within the easement area. The easement is not necessary for
future City or gas utilities, and its vacation would allow for the redevelopment of the
property.
Mr. Tatting stated staff recommends approval of the vacation request with the following
stipulations:
A 10-foot easement along the east property line of Lot 12, Block 3, Rice Creek
Terrace Plat 2, shall be granted for drainage and utilities.
2. The easement shall be defined and recorded before the Certificate of Occupancy is
issued for the new building.
3. The overhead utility lines that run north from the utility pole at the southeast corner
of Lot 13, Block 3, Rice Creek Terrace Plat 2, shall be buried before the Certificate
of Occupancy is issued for the new building.
Mr. Sielaff stated the City is creating an easement, and asked what approvals are needed
to do so.
Mr. Tatting stated this is an agreement between the City and the property owner which
must be recorded with the property.
Mr. Sielaff asked if the Commission was approving the vacation of one easement and the
creation of another easement.
Mr. Tatting stated, yes. The existing east/west easement would be vacated, and a new
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north/south easement would be created for utilities. The new area for utilities would need
to be defined and recorded with the property.
Mr. Christensen stated the vacation should have been done when they went through the
process initially. That was an oversight. They are asking the City to vacate because the
easement was created when the lot was originally platted. If an easement was created
privately, they would have to deal with the owners. In a nutshell, they are asking the City to
relocate an easement so the existing one is not under the building.
Ms. Savage asked if the petitioner had any problems with the stipulations.
Mr. Christensen stated the platted easement is a drainage and utility easement. It has
never been used for drainage. He did not know that the grading plan would appropriate
create a drainage situation on the new easement. He would suggest leaving out the
"drainage" part and just making it a"utility easement".
Ms. Savage asked staff to respond to that request.
Mr. Tatting stated that could be done. It seems the biggest issue is the utility line itself.
Mr. Christensen stated that other than that, they are fine with the other stipulations.
Mr. Sielaff asked if the grading plan was such that there is a retention basin.
Mr. Tatting stated, yes. A retention pond would be located to the north. The relocated
easement would be along the easterly property line.
MnTInN by Mr. Saba, seconded by Mr. Kondrick, to close the public hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:50 P.M.
Mr. Kondrick stated he had no problem with the request. This cleans up paperwork and
creates a reasonable easement for utilities.
MnTInN by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of Vacation
Request, SAV #98-01, by Semper Development, Ltd., to vacate a five foot wide drainage
and utility easement on Lots 13-16, Block 3, Rice Creek Terrace, Plat 2, to allow the
construction of a new Walgreen's store, located at 6525 University Avenue N.E., with the
following stipulations:
A 10-foot easement along the east property line of Lot 12, Block 3, Rice Creek
Terrace Plat 2, shall be granted for utilities.
2. The easement shall be defined and recorded before the Certificate of Occupancy is
PLANNING CnMMISSInN MEETING, MARCH 18, 1998 PAGE d
issued for the new building.
3. The overhead utility lines that run north from the utility pole at the southeast corner
of Lot 13, Block 3, Rice Creek Terrace Plat 2, shall be buried before the Certificate
of Occupancy is issued for the new building.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Tatting stated the City Council would consider this request on April 6.
2. PlBL1C; HEARINC�� C;nNSIDERATInN nF A SPEC;IAL 11SE PERMIT, SP #98-04�
BY ANC�ELES MnRTC�AC�E INVESTMENT TRl1STM/ W KLl1S REALTY, INC; :
To permit the sale of automobiles on Lots 4, 5, 6, 7, and 8, at Block 3, University
Industrial Park, generally located at 7920 and 7976 University Avenue N.E.
Mr. Klus stated he was not aware of the disagreement on the parking. If he had known that,
he would have met with staff and would not have come to the meeting. In October, their
architect talked with Ms. McPherson and, at that time, they thought they were over-parked.
He finds out now they are under-parked which makes his coming to the meeting somewhat
academic. He would like to have another meeting date to give them time to work on this
and to provide time to work with staff. He believed this can be worked out.
MnTInN by Mr. Kondrick, seconded by Mr. Oquist, to table consideration of Special Use
Permit, SP #98-04, to April 1, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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MnTInN by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental
Quality & Energy Commission meeting of February 17, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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MnTInN by Mr. Kondrick, seconded by Mr. Oquist, to receive the minutes of the Parks &
Recreation Commission meeting of February 2, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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MnTInN by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes of the Appeals
Commission meeting of February 25, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. REC;EIVE THE MINl1TES nF THE Hnl1SINC� & REDEVELnPMENT Al1THnRITY
MEETINC� nF FEBRIIARY 19, 199g
MnTInN by Mr. Saba, seconded by Ms. Modig, to receive the minutes of the Housing &
Redevelopment Authority meeting of February 19, 1998.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED UNANIMOUSLY.
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Mr. Hickok provided an update on City Council actions.
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MnTInN by Mr. Saba, seconded by Mr. Kondrick, to adjourn the meeting.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE
MOTION CARRIED AND THE MARCH 18, 1998, PLANNING COMMISSION MEETING
ADJOURNED AT 7:58 P.M.
Respectfully submitted,
Lavonn Cooper
Recording Secretary