SP 80-10T16
E:PMNING_COMMISSION MEETING, SEPTEMBER 24. 1980PAGE
of the East 150 feet thereof, all lying in the South Hal;,of Section
11, T-30, R-24, City of Fridley, generally located g the
Unive sity Avenue East Service Drive, and ?3rd nue, N.E., with
the fo ing stipulations; as requested e staff:
A. For plat 'Ch
B. For area labeled
for 15 feet.
C. For the area 1-arb
t the ro5O,edication be 66 feet.
ar
c ' B' , the bikeway dedication be
ed 'A' , any
roadway right- of way.
UPON A VOICE E, ALL VOTING AYE, CHAIRMAN HA ECLARED THE
MOTION PAS UNANIMOUSLY.
Ch an Harris stated that this item would go to the City Cou
ober 6th, for setting of the Public Hearing for November 10, 1 0.
2. PUBLIC HEARING: SPECIAL USE PERMIT, SP#80-10, BY MARJORIE F.-'
COULSON: Per Section 205.051, 2, A., of the Fridlev City Code
�i to allow the construction of a becond—accessory buildin a
24' x 26' detached garage, to be located on Lot , Block 2,
Meadowlands Addition, the same being 811 Mississippi Stre fit.
MOTION by Mr. Wharton, seconded by Ms. Hughes, to open the Public
Hearing,
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS, DECLARED TIS -_.
PUBLIC HEARING OPENED AT 8,05 P.M.
Mr. Boardman stated that the request as described, will be located
to the rear &f the house., with acess out onto Jackson street.
Mr. Harris questioned if the petitionerhad anything to say?
Mh: Colsom stated that she had nothing to say.
Mr. Oquist questioned whether she was going to use the new garage
for storage?
Ms. Coulsom stated that she would want to use the new garage for
her car, as the house the way she had purchased it, has the garage
right under her neighbors bedroom window, and she wanted to get
away from that. She stated that she has no plans at this time
on what she would want to do with the existing garage. She stated
that also it will be easier to enter, onto Jackson, than onto
Mississippi street, as she now does.
Mr. Boardman stated that he has not had an opportunity to talk
to Ms. Coulsom, about this, but that there are future plans to
have a bikeway -walkway along Mississippi Street. He stated that
they had at one time a bikeway -walkway along the street, but that
the County widened the traffic lanes, and removed the bikeway -
walkway along that lane. -He stated.that they have been looking
at the possibility quite carefully, on how to get a bikeway -walkway
PLANNING COMMISSION MEETING, SEPTEMBER 24. 1980 PAGE 6_
access -onto this street, because it is heavily used for biking.
At this present time, the only way to do this would be to pick
up bikeway -walkway easement from the people along Mississippi,
who come into the City with requests such as Ms. Coulsom has.
They would like to have a 15 foot easement for the bikeway -walk-
way easement at this time, he stated. which would go from the
property line toward the house.
Ms. Coulsom stated that would run right through the middle of
her yard.
Mr. Oquist questioned why they wanted 15 feet?
Mr. Boardman stated what they are doing in the new zoning code,
is that along all bikeway -walkway areas, they are looking at
taking an additional 15 feet easement. He stated that they
might not need 15 feet, and that it could. be dropped to 10 feet.
He further stated that.for a two-lane bike trail, it would require
8 feet, and that would be in a combination with a sidewalk or
whatever. He stated that on this area there is an existing side-
walk. He stated that after carefully looking at the area, they
have decided that what would be. best, would be to put it in on
the south side up to about 7th Street, and then crossing over
to the north side for the rest of the distance. This is primarily
because there are some house with a further setback, from the road,
and also because.of the Hayes School, that they could probably get
an easement on easier than on the other side.
Mr. Wharton stated that he himself is a biker, but that he is rather
reluctant to go along with the easement request. He stated that
the City keeps asking its residents to beautify the area with
landscaping, but on the other hand, we then tell them, that if
they plant anything along their sidewalk, to kind of separate
themselves from the traffic on Mississippi Street, that the City
is apt to come along and dig it all up, just about the time that
it is matured to a good hieght, and beautiful. He further stated
that he cannot go along with this arbitary easement, in the anti-
cipation, that somewhere down the line, somebody, might want to
put a 15 foot bike path down the front lawn.
Mr. Svanda questioned what implications were there, if the Comm-
ission did not grant an easement, and'then at some date the City
does decide to put in a bike path, what mechanism would the City
have to get the easement, or the properties then?
Mr. Harris stated that it would have to be condemnation then.
Mr. Boardman stated that the implications are, that if they don't
get easements now, that he would doubt, that they ever would be
able to get easements.
Ms. Schnabel stated that what bothers her is that this women has
come in with a request to put a different garage on, and we are
saying, that we will give it to you, but in exchange, we want
15 feet for an easement. She may be the only one along Mississippi
Of
" PLANNING_ COMMISSION MEETING t SEPTEMBER 2?�,_1 82 0 PAGE 7
Street, to come in with a request within the next five years, but
just because she happened to come in fo the purpose of a garage,
that the City asks her for a 15 foot easement. She stated that
she feelsthat is unfair.
Mr. Boardman stated that this practice has been.done before,. and
that he can not see any difference in this instance, as from the
times before that it was done. He then gave examples of some
similar cases and situations that have been before the.Commission,
and how they had been handled. He further stated that it has
been done with the commercial and the industrial property, and
through building permits.
Ms. Coulsom stated that she questioned what the City planned on
doing with a bike path through the middle of the yards, with all
the driveways entering into Mississippi? She stated that right
now with all the bikers, on the sidewalk, that it is very difficult
to be cautious.
Ms. Hughes stated that the area that Ms. Coulsom is talking about,
between Hayes School and her house, are reasonably close to the
road, and from about a house or two beyond Ms. Coulsom's are the
houses that are setback, and that she could understand the rationale
in that area. She stated that she is sure that a number of people
along the area have planted trees, hedges, and other vegetation,
just simply to cut down the visual impact from the road, and the
noise from the traffic, which would be defeated, with some of
these other things. She stated that in terms of whether or not,
they should ask for an easement, on this particular property,
that even if there is an easement, the chances of it actually
being a bike path, as a continuous route, are pretty slim. So,
that it might not make any difference at all whether the easement,
is dedicated. She stated that this might never come to pass, but
that you really couldn't bank on it either.
Mr. Boardman stated that in the City Plan, that it asks for a
bikeway on Mississippi Street, and in the rezoning code, it is
saying, that where possible, and feasible, that the City needs
15 feet for a bikeway easement, on all properties, where they
come in and ask for something, from the City of Fridley, that
are along designated future bikeway -walkway areas.
Ms. Hughes stated that she felt she would view, with the houses
that sit fairly close to the road, that the addition of a bikeway,
would be a very definite detriment to the property value, of those
houses. She stated that to put a bikeway, with the sidewalk,
in those short front yards, is not going to enhance the values
of those properties.
Ms. Schnabel stated that she concurred with Ms. Hughes viewpoint,
and that also, they are experiencing and increase in traffic,
on Mississippi Street, and therefore, she feels the likelyhood,
PLANNING COMMISSION MEETING, SEPTEMBER 24,_1980, PAGE 8_•
of a bikeway system, if the traffic increase continues, will diminish.
She feels that it is premature, to begin to take easements, because
of this also.
Mr. Oquist stated that he too feels that there is a problem in that
he does not think there is any possible way to get•a bikeway on the
street, and with the short front yards, he doesn't know if they
could ever get a bikeway put onto Mississippi, and that maybe their
should look at another area for a bikeway, with less traffic.
Mr. Boardman stated that Mississippi though is the only large
east -west street that goes from one side of Fridley to the other.
Also it .connects all the residential areas to the Center City area,
if the Center City project is developed the way it is anticipated.
He stated that what was one of the criteria of the bikeway commi-
tee, was the amount of'traffic the road has, and that when a certain
number of vehicles, was exceeded, by their limits, then there should
be an off-street biking pathway.
Mr. Wharton stated that he sees that as a falisy, because there
should not be an off-street trail on Mississippi, if that is a
thorough fare, he cannot see making a three mile an hour bike
path so that he can get from his home, down to Snyder drug, on
University Avenue. He felt it would be nicer to take a route
through Rice Creek Terrace, and that back in through there, they
have bike trails coming out of their ears.
MOTION by Ms. Hughes, seconded by Mr. Svanda, to close the Public
Hearing.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS, DECLARED THE
PUBLIC HEARING CLOSED AT 8:27 P.M.
MOTION by Ms. Hughes, seconded by Ms. Schnabel to recommend to
the City Council gR32nzyal of Special Use Permit, SP #80-10, by
Marjorie F. Coulson: Per Section 205.051, 2, A, of the Fridley City
Code, to allow the construction of a second accessory building,
a 24' x 26' detached garage, to be located on Lot 8, Block 2,
Meadowlands Addition, the same being 811 Mississippi Street,
Ms. Hughes stated that she feels this should be approved because
it should enhance safety considerations on backing onto Jackson
Street, versus onto Mississippi street.
Ms. Schnabel questioned if the petition er isn't required to close
off the existing attached garage?
Mr. Boardman stated that there is no such requirement under this
item.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE
MOTION PASSED UNANIMOUSLY.
Chairman Harris informed Ms. Coulsom that this item would be on
the October 6th, City Council Agenda, and advised she be present.
I
.V
260
REGULAR MEETING OF OCTOBER 6, 1980 PAGE 6
Councilman Schneider asked if it wouldn't be possible for someone t make the
case that they are not in a Critical Area and come before the Cou it and make
a request for a rezoning. Mr. Flora stated someone could say't se stipula-
tions didn't affect his particular property and apply for varia ce, but thinks
it is established what is in the,Critical Area.
M Herrick asked, for instance, if the Islands of Peace and was vacant and
the ritical Area Plan was in effect, if the City coul uild on this land.
Mr. ora stated they probably couldn't, as there wou d be additional restraints
on the type of construction.
I '
Mr. Herr k felt the staff should take a practi look on what effect these
proposals ill have on developable property, a d if it is going to adversely
affect deve opment.
Mayor Wee sta d his concern is if homes ere destroyed, if the residents
could rebuild t em.
I
Mr. Qureshi, City anager, stated th Council could have first reading on
this ordinance and taff would chec on the vacant properties to show the
implications. He al stated staf would check into the legal requirements
of the City to have th's orns a and have the City Attorney review it and
submit answers to quest ns rai ed, before the second reading of the ordinance.
MOTION by Councilman Barne to waive - the reading and approve the ordinance
upon first reading. Second by Councilwoman Moses.
Councilwoman Moses asked f this Critical Area Plan couldn't just include the
plats along the river. r. Flora tated the State established a Critical
Area and if it is chal nged, it wo d be asking for the lines to be changed
in the City.
I UPON A -VOICE VOTE T EN ON THE ABOVE MOTIO all voted aye, and Mayor Nee
J
eclared the motio carried unanimously.
j RECEIVING THE PL NING COMMISSION MINUTES OF SEPTEP 24 1980:
I
CONSIDERAtION OF A REPLAT, PS #80-02, REGISTERED LAND RVEY BY MINNESOTA
TRANSFE , ALONG U14IVERSITY AVENUE EAST SERVICE DRIVE AND"7%D AVENUE N. E.:
MOTION by ouncilman Schneider to set the public hearing on this repl for
j November 0, 1980. Seconded by Councilwoman Moses. Upon a voice vote, a
voting e, Mayor Nee declared the motion carried unanimously.
I
ONSIDERATION OF A SPECIAL USE PERMIT, SP#80=I0 TO';4LLOW CONSTRUCTION
p OF A SECOND ACCESSORY BUILDING DETACHED GARAGE), 811 MISSISSIPPI STREET,
g MARJORIE F. COULSON:
Mr. Flora, Public Works Director, stated this is a request for a special use
permit to allow construction of a second accessory building for a detached
garage at 811 Mississippi Street tb be located in the rear of the property.
Mr. Flora stated the size of the garage is 24 x 26 feet and -when constructed,
it would allow access from Jackson- Street, rather than Mississippi Street.
Mr. Flora stated it was suggested by staff that a 15 foot easement be9 iven
for a bikeway/walkway along Mississippi to support the bikeway system along
Mississippi Street. He stated the Planning Commission recommended approval
of the special use permit, but didn't address the request for the easement
in their motion.
Councilwoman Moses didn't feel it would be appropriate to take an easement
from one property, when you may never get another easement and may never
have a bikeway/walkway there.
REGULAR MEETING OF OCTOBER 6, 1980
PAGE 5
259
t
MOTION by Councilman Fitzpatrick to set a public hearing on this vacation
request for November 10, 1980. Seconded by Councilwoman Moses. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
\\tj
NSIDERATION OF FIRST READING OF ORDINANCE AMENDING CHAPTER 205 APPROVING THE
TICAL AREA PLAN:
Mrs:, Flora, Public Works Director, stated a number of meetings a discussions
were held on the Critical Area Plan since work began on the pl in 1976. He
stated the Critical Area Plan was submitted to the Minnesota vironmental
Quality Board for their review and they have approved the P1 n and there is
now a requirement for the City to formally adopt this Plan ithin 45 days of
approval.
the Board's a �
Mr. Flora stated the various public hearings have been eld and would recommend
Council approve the final zoning or implementation po ion at this time so they
can address the Critical Area Plan as a total packa with the Comprehensive
Plan for the City.
Mr. Herrick, CityrAttorney, noted one of the exc uded uses is a waste treat -
rant facility and 4Uestioned the property owne by the Waste Control Commission
near George's in Frtd,ley.
Mayor Nee felt, if the''Critical Area Plan s adopted, this would become a
non -conforming use.
f Mr. Flora stated the City h`as the respo sibility of controlling its portion
j of the Mississippi River Cor 'dor and he Metropolitan Council has review of
the entire plan. He stated th's Cri cal Area Plan would be Chapter 205 of
the Zoning Code and variances a s ecial uses would apply to this as it does
to other sections of the code.
Mr. Herrick questioned the wisd o aking reference to Chapter 214 of the
City Code and to Minnesota Reg ation R 79, as shown on Page 6E, because
i these change all the time an it raises the question if the ordinance would
continually have to be revis d. He felt 't was better not to make the references.
Mr. Herrick questioned th necessity of have g such an ordinance since there
are State regulations co eying this matter. Flora stated this is another
area the City has to im lement through the Met olitan Council.
Mr. Flora stated this/overlay zone doesn't affect ny of the zoning within
the area, but does address specific requirements fo any new construction or
any changes in the,area. He stated the focus would b on the environmental
I aspects or requiro`ments for the preservation of the Mi issippi River Corridor
and to address certain items to make sure the bluff line and creeks aren't
damaged in anyway.
Mayor Nee stated he feels this involves a lot of people that ren't living
close to the' river.
i
Councilman' Fitzpatrick stated he felt the additional control is mething the
property owners don't intend to give the City.
Councilman Schneider asked if property owners in the area were aware his is
being'considered. Mr. Flora stated public hearings were held in 1976 nd
was,. "sure the property owners were notified.
Cduncilman Fitzpatrick felt, as long as they were talking about the defin d
river bank area, then he would agree the hearings over the years covered t is
;'area, but whether they covered the area that is described, he would questio
this item.
J.
REGULAR MEETING OF OCTOBER 6, 1980 • PAGE 7
Mayor Nee asked, in this area, if any other easements were acquired. Mr.
Qureshi stated the City has easements in the Village Green area and is
currently working with Hayes School for an easement on that property.
Mayor Nee stated he felt this easement shouldn't be tied to the building
permit.
Councilman Schneider stated he also shared 0e concern of the Planning
Commission in tying these two matters together.
Ms. Coulson was not present at this meeting.
Councilwoman Moses asked if the applicant had plans for the present garage.
Mr. Flora stated there was no requirement at this time that she does something
with the existing garage.
MOTION by Councilwoman Moses to grant special use permit; SP #80-10, to allow
construction of a second accessory building (detached garage) at 811 Mississippi
Street. Seconded by Councilman Schneider. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unamisoulsy.
1.V1%JIUCIGi11UJ1 yr tNw1KU MNIAL WURO HEE1 FOR MEDTRONICS DEVELOP NT:
Mr F1 a, Public Works Director, stated thisse me
s Environmental Ant
W kshe (EAW) is the first document to address the environm in regard
to const uction. He stated the worksheet is essentially use to determine
if an env ronmental impact statement is required.
Mr. Flora tated an EAW was prepared for Medtronic fo construction on the
east portio of their property. He stated there is construction program
for several developments and the EAW aodressos t entire scope of that
construction
Mr. Flora staIdle
n the City's review of a EAW, staff did not find any
significant a impacts relating to a construction•. He stated the
streets can hthe additiona] traf c, the buildings will meet the
requirements,andscaping will b provided. He stated the impacts
that are addrduring the con uction process, such as noise and dust,
are present iconstruction roject and, therefore, aren't considered
adverse.
Mr. Flora expthe ty is to complete the EAW and submit it to the
Environmentalty oard for review and approval.
Mr. Mike Perkins C rate Facilities Director of Medtronic, stated he
was not pr
d for a full presentation this evening, but did have a number
of resourc eople av\ithere
to answer questions regarding the construction
project.
Mr. rl Remick, Archl Alliance, presented a map showing their
p posed construction. He stated the new construction would
essentially be all ofth some laboratories and a cafeteria.
Councilwoman Moses asere was a need for a traffic signal, would
it be on 69th or 73rdrner, of BRW, Inc., stated they did a traffic
analysis and didn't ta would be a need for a signal, even in the
year 2,000, but there this possibility.
261
262
REGULAR MEETING OF OCTOBER 6, 1980 PAGE 8
Councilman Barnette felt any traffic going south to the signals on Highway 65
and Old Central by Moore Lake would really be a problem. Mr. Warner stated
they looked at this area and projected about 50% of the traffic would be in
th's direction. He felt the four-way stop at Mississippi Street and Old
Central and the signal at Old Central and Highway 65 could both handle the'
add`i'tional traffic.
Mayo Nee questioned Medtronic's flex time schedule. Mr. Perkins stated there
is a certain degree of flex time and it is something that can be explored
furt4r.
Mayoree questioned the ponding area and if it was designed to its fullest
capabilities. Ms. Nelson, Architectural Alliance, stated it is a detentio
pond an the flow is monitored. She stated it would be developed as a falfit
pond and\retain a few feet to add to the aesthetic value.
Mr. Flora4stated Medtronic is currently working with the Rice Cree /atershed
District t4 determine their requirements.
Councilman S�hneider asked if signalization was necessary at 69 would
Medtronic pari#icipate in the cost. Mr. Perkins stated they w ld have to
look at it at°that time and noted, however, there are other usinesses
contributing t� the traffic volume and that would be one the considerations.
Mayor Nee stated \the question before the Council now is whether the EAW is
sufficient, or if,the Council should ask for an envir mental impact statement.
He steted it is to staff Is view the EAW provides a quate information for
evaluation of the c nstruction proposal.
Mr. Richard Svana, mekber of the Planning Commi ion and Environmental Quality
Commission, stated at he Planning Commission -e-ting much of the discussion
was,c"tered on the tra fic issue. He state in reviewing a copy of the EAW,
he was surprised rot to\opini
iscuss�o�� - all about the creosote problem.
Mr. Svana stated, in disefore a Environmental Quality Commission
and Planning Commission,f the ollution Contral Agency were also
present, and following cof t e presentations, it was his understanding
they were satisified witres made in regard to the creosote problem.
He felt the documents anr ndered by the PCA on the creosote problem
should be incorporated wW
Mr. Flora felt there are two issu s involved, the creosote problem and the
construction project. He stated the creosote problem is being addressed
both by the MPCA and the Health Depa ent. He stated they are investigating
the soil and water contaniinati n and t type of action to be initiated and
methods of removing the hazar ous wastes
Mr. Flora explained, as a s arate issue, IkeCity is looking at the construction
of a building on the proper y. He pointed o t the consideration of the construct -
tion is all being controll d by the MPCA and the City in the building permit
application in conjunctioX with all agencies i volved.
Mayor Nee felt what MrSvana was saying is peopl�are not being put on notice
that there is a creosol/ problem.
Mr. Svana statedhe ould give this EAW to someone an they wouldn't even know
there is a creoso problem. He felt the creosote pro em was still a piece
of the puzzle an even though they won't be excavatingi to one of the highly
contaminated areas, the problem is still there.
IL