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PL 11/15/2006 - 308984 p �"�, CITY OF FRIDLEY PLANNING COMMISSION MEETING NOVEMBER 15TH, 2006 CALL TO ORDER: Chairperson Savage called the regular meeting of the Planning Commission to order at 7:30 pm. MEMBERS PRESENT: Brad Dunham, Dean Saba, Diane Savage, David Kondrick, Larry Kuechle, Barbara Johns MEMBERS ABSENT: Leroy Oquist OTHERS PRESENT: Rachel Harris, Environmental Planner Ellard Briesmeister, 617 Rice Creek Terrace APPROVE OF MINUTES: 1. Approval of November 1st, 2006 Planning Meeting minutes MOTION by Commissioner Kondrick to approve the minutes as submitted. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. � PUBLIC HEARING: 2. Consideration of a Vacation, SAV #06-03, by City of Fridley, for a street vacation of Madison Street lying Northerly of Rick Creek Terrace and Southerly of Rice Creek Park, to eliminate street and replace with private driveways, the right-of-way is no longer needed. MOTION by Commissioner Kondrick to open the public hearing. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:32 P.M. Rachel Harris, Environmental Planner, mentioned a correction on tonight's agenda. The agenda stated the street vacation would be on Madison Street lying Northerly of Rick Creek Boulevard and it should read Rice Creek Terrace. She presented a request from the City of Fridley, who is the petitioner, and they are seeking to vacate a portion of the right-of-way on Madison Street. This is the portion lying northerly of Rice Creek Terrace and terminating at Rice Creek Park. Madison Street was platted 1958. It is approximately 45 feet wide and 120 feet long. There is public trail access to Rice Creek Park from Monroe Street. This will continue to be available where Monroe Street meets Rice Creek Park. Ms. Harris stated that the land freed up by this street vacation will allow for the elimination of a no longer needed right-of-way. It will reduce public work street maintenance costs and it may increase the city's property taxes. The vacated land will be replaced with private driveways. The land was already used by adjacent property owners at 617 Rice Creek Terrace and 625 Rice Creek Terrace as driveways and the property owners have agreed to this change. The � appropriate curb and gutter was installed during the summer of 2006 street repaving projects in this area. � Ms. Harris stated that in the analysis, Staff has heard comments from a few residents. One resident had requested clarification about which segments of Madison Street would be vacated and another resident had a comment regarding the timing of the request for the vacation. The street vacation does maintain conformance with the Comprehensive Plan. Staff is recommending approval of this vacation request. The action of vacating this street retains conformance with the Comprehensive Plan and retains the character and development of the neighborhood. Commissioner Savage asked why this item was not brought to the Planning Commission prior to the vacation of the street. Ms. Harris answered that this vacation was completed along with the street re-pavement in late summer. It was not brought forward to the Planning Commission prior to the street reconstruction because this part of the street is in a neighborhood that underwent a big process for the street repaving project. This was already planned to be done at the time the street bids were proposed and accepted. Ms. Harris understood that during the street reconstruction phase, conversations were held between Public Works Staff and the residents that led to the street vacation. Commissioner Savage stated that she lives in the area and did not know if the homeowners knew that residents would use this as another entrance to the park. This is a walking space and she did not know if the homeowners wanted people to use this area. She also questioned why this was a street improvement project as the street was in good condition. She did not understand why the street needed to be ripped up and new pavement laid. Ms. Harris answered that this was already bid out and she was not aware why the project was not stopped. For more clarification Jon Haukaas, the Public Works Director, may be contacted. Commissioner Savage commented that these are the decisions the Planning Commission �' should be making, to approve or deny a vacation. This matter should have been brought to the Planning Commission prior to vacating a street. Ms. Harris stated that sounded reasonable. MOTION by Commissioner Kondrick to close the public hearing. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:45 P.M Commissioner Savage stated that there was not question to approve this issue as the work has already been done. Commissioner Kondrick agreed with Commissioner Savage that this issue should have been brought to the Planning Commission prior to the street vacation. Vacations are part of the Planning Commission agenda. When items are posted in the newspaper prior to being brought before the Planning Commission, residents are made aware of the issue and have a chance to state their approval or not. Commissioner Kuechle stated that the street has not been vacated yet; the Planning Commission could recommend denial. Commissioner Savage stated that the work is already done. Ms. Harris stated that the street was vacated in August, so this action would make it legal. �---. Commissioner Kuechle asked if the street has been deeded to the residents. � Ms. Harris answered that the land would not be deeded to the residents until the vacation has passed. The property is not legally the owners. No more physical changes will be done to the property. Commissioner Kuechle stated that the vacation has not been done and that if the Planning Commission denied the vacation, it could create issues. Commissioner Savage stated that the property owners believe that the vacation has been done and the property is theirs. Commissioner Dunham questioned why the property owners would believe that the property is theirs, because the City physically made some improvements? Ellard Briesmeister, 617 Rice Creek Terrace, stated that the City started tearing up the streets and about finro weeks later, Jon Haukaas, Public Works Director, and Layne Otteson, Assistant City Engineer, stopped and asked what the residents would like to do with the street. They asked Mr. Briesmeister if he would consider taking 1/2 of the street on a vacation. Mr. Briesmeister he would be interested and he had asked for this 8-10 years ago. The use of the street has basically been a driveway. After dark usage of this property has been painful. Garbage and other items end up on the end of the street. Commissioner Kondrick asked if Mr. Briesmeister was happy with the outcome. Mr. Briesmeister stated that he would prefer to have the property as it is right now. It is a benefit to his property. � Commissioner Savage questioned if Mr. Briesmeister had a problem with the snowplowing. Mr. Briesmeister answered that he would not have a problem with snowplowing. Commissioner Dunham questioned if there was a problem with the park access issue. Mr. Briesmeister answered no. He has had to call the police a few times when people throw items such as deer heads, live trap animals in the area etc. The road doesn't go anywhere and some people use it as a dumping ground. Commissioner Johns asked if people would assume the street is a road and not a driveway. Mr. Briesmeister answered that he can put up private property signs and put up a fence if the usage becomes too much. People who access the park are not a problem and in most cases the property owners know the people. Sometimes cars park in the area but he has no major concern. Commissioner Savage questioned when people park in the area. Mr. Briesmeister answered that it happens mostly after dark. Mr. Briesmeister put in a street light that is back there to try and keep these issues to a minimum. Still people will come at night. Commissioner Johns stated that if the City was going to be redoing streets, offering property to home owners and lessening the property access to the park as well, it would have been better to stop the street sooner. This would give the property some green space and people would be less likely to drive on the property. Mr. Briesmeister stated that the street does go on about 1/2 car length beyond the apron to his r"1 garage. There is another 10' of grass but unless signage is put up, it will look like an access. He plans to put up signs accordingly and that will take care of the access problems. �. MOTION by Commissioner Kondrick to approve the consideration of a vacation, SAV #06-03, by City of Fridley, for a street vacation of Madison Street lying Northerly of Rick Creek Terrace and Southerly of Rice Creek Park, to eliminate street and replace with private driveways, the right-of- way is no longer needed. Seconded by Commissioner Dunham. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Rachel Harris, Environmental Planner, shared the following updates: The Council Meeting on Monday, November 13th, had several land use items on the agenda. ■ The consideration for a resolution for a vacation, part of the Gateway West second addition. The portions of 3rd Street, 57th Place, 57 1/2 Avenue NE lying between 2 1/2 Street and University Avenue that are located in the Hyde Park neighborhood were bought up and approved. ■ The consideration of a resolution for final plats. That was PS #05-08 for the City of Fridley HRA with the Gateway West second addition was approved. ■ The consideration for Special Use Permit #06-09 by Amtak Lighting to allow a changeable electronic sign in a C-1 Zoning District at the gas station at 6485 East River Road NE was approved. ■ The consideration for Special Use Permit #06-10 by Amtak Lighting to allow a changeable electronic sign at 5695 Hackman Avenue was approved. ■ The consideration of a second reading for Text Amendment #06-03 for the City of � Fridley regarding towed vehicles was approved. This amendment would bring the code language in line with the staff practices. ■ The consideration of a second reading of an ordinance for an Appeals Commission substitute to amend Chapter 6 was tabled until the December 4th meeting as there were some questions about the language. Staff will work on clarifications and bring this item back to the December 4th meeting. ■ The sign plan for 8251 Main Street for Martin Brenning Building was approved. ■ An extension for the grading and drainage plan for Sprint at 8290 Main Street was approved for one year. ADJOURNMENT: MOTION by Commissioner Kondrick to adjourn the meeting. Seconded by Commissioner Kuechle. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MEETING ADJOURNED AT 8:05 P.M. RespectFully Submitted, � � � ����1'���"��' ��-- Krista Monsrud Recording Secretary � �--�, � �, CITY OF FRIDLEY SIGN-IN SHEET PLANNING COMMISSION MEETING ��V� ��° l�, � Name Address/Business /�% ,�