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SP82-11 21 CITY OF FR1OLEY, SU5JECT 0 6431 UNIVEFt51TY AVE. NE. SPECIAL USE PERMIT FRIOLEY, MN. 5543E! (692) 579-3450 SP # J,,;,- ADDRESS // 3 3 ���' C� �y? DATE PLANNING COMMISSION: P.H. DATE APPROVED DISAPPROVED DATE NO CITY COUNCIL: P.H. REQ'D DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO STIPULATIONS: NAME C e..-7'/2,4 o I'�412Ts- FEE '�;Zbo. RECEIPT NO 7796' STREET LOCATION OF PROPERTY 113 - 7 3 IJZ LEGAL DESCRIPTION OF PROPERTY LvTS Z C�.c.rRr9C. v.'c•s •H9.voi2 PRESENT Z014ING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY Tho - DESCRIBE BRIEFLY THE PROPOSED TYPE OF US7AN IMPROVEMENT ► _ —,, . ` � Has the present applicant previouslylsought to rezone, -�lat, obtain a lot split or variance or special use permit on the subject site or part of it? des i– no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2.. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE_Z0 S I GNAT ` APPLICANT ADDRESS . 7 '3g.. TELEPHONE NO 1r - I F- i (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day,November 17,1982 in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a Special Use Permit, SP #82-11, by Central Auto Parts,per Section 205.131,3, 8, of the Fridley City Code, to allow a junk yard on Lots 6,7,and 8, Block 2, Central View Manor, the same being 1136 73'h Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL Chairwoman Planning Commission (Nov.3&10,1982)-FRID i i 19 PUBLIC HEARING BEFO E THE PLANNING COMMISSION Notice is hereby given that there, will be a Public Hearing of the Planning Commission of the City f Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, November 17, 1982 in the Council Chamber at 7:30 P M. for the purpose of: Consideration of a Special Use Permit, SP #82-11 , by Central Auto Parts, per Section 205. 131 , 3, 8, of the Fridley City Code, to allow a junk yard on Lots 6, 7, and 8, Block 2, Central View Manor, the sa e being 1136 73 1/2 Avenue N.E. Any and all persons desiring to e heard shall be given an opportunity at the above stated time and pla e. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: November 3, 1982 November 10, 1982 V 0+ srw ♦.r++'� `�4 o. 8 \ N Vi.. * vg a` IN SP #82-11 CENTR L AUTO PARTS 22 n . o � 0 STATE TRUNK HIGHWAY W4._65 op - Dtit au o - It <to Ilk w W. A i. luAVE: �... E#FfRAt _ y✓ }4 J- cb� \^Y N {1 c MEADAMrn , '� t=Pian •.J` � _ a W WL Of +' � 1 � "•., a � �� .•"'t v yam,,-��`e '� r�� a A m' � IaLL1 M k wi ♦ .W N t 0�; i"rsd1A'lt '�'-ui T-F v oHAYE T. ;s m Z4 ° f} N.E. — M ` CD w BACON DRIVE a `O0 y,} wal N 3 }\ coty Z � - _ _—�TRfE{�-_• i'kE. -t . a y a a `3 ~• BR*ADOON PLACE • ww 3 v 3 20 Planning Commission October 26, 1982 SP#82-11 Central Auto_Parts 1136 73 1/2 Avenue N.E. John Buzik, storage yard for junk ca s Central Auto Parks Ashland Oil , Inc. John Buzik P. 0. Box 14000 1136 73 1/2 Avenue N. E. Lexington, KY 40512 Fridley, Mn 55432 Alvan L. Schrader Hydralic Specialties 5501 Lakeland Avenue 1131 72nd Avenue N. E. Minneapolis, Mn 55429 Fridley, Mn 55432 Carl & Catherine Sorenson 4615 University Avenue N. E. Minneapolis, Mn 55421 Central Auto Parts of Minneapolis , Inc. 1201 73 1/2 Avenue N.E. Fridley, Mn 55432 Koch Marketing Company 7315 Highway #65 N. E. Fridley, Mn 55432 Falck Properties 1136 73rd Avenue N.E. Fridley, Mn 55432 Falck Properties 2446 Bunker Lake Blvd. Anoka, Mn 55303 Donald & Lorraine Chies 4020 Tyler Street N. E. Eclumbia Heights, Mn 55421 Donald Chies 1150 73 1/2 Avenue N.E. Fridley, Mn 55432 Cooper Construction CO. 8437 University Avenue N. E. Fridley, Mn 55432 Cooper Construction Co. 1223 73rd Avenue N.E. Fridley, Mn 55432 James R. Determan 7210 Central Avenue N. E. Fridley, Mn 55432 - -- . CITY O1^ FRIrJLI:Y, SUBJECT (( MIfVMG:30TACuMMISS VON APPLICATION RE-vEi=VV S. I1epr,rlr VUa uNh .cwra�sw�rivv c..v._ � fi'mucYy t�ev rv;;u Approved LY Uo10 Co FIL1: NO/ ADDRES FIL705YATE- COMPLETF REVIEW CHECKLIST -a-�� RETURN TO PLANNING DU"ATE _ Comm NTS _ ir-t\L-wjL= i " FM i_02� Wc� IC Lam 144812 vier r ►� , � t'° ,✓� �- mss/ 2 -m v: �(,, � ��� �►�`�� A A/� �,� /Y,, . Gr� -A- ? ? A-? 7 90 r"a CITY CW DIRECTORATE Do OF °'o 0 MEMORANDUM PUBLIC WORKS F R IIO L Y DATE November 30 1982 FROM D.P.W. john G, Flora TO ACTION INFO. SUBJECT Central Auto Parts SP #82-11 Nasim Qureshi , City Manager Central Auto Parts has an option to purchase the Chies property between 73rd and 732 Avenues contingent on obtaining a Special Use Permit to allow a junkyard on Lots 6, 7, 8; block 2; Central View Manor. Our M-1 Zoning code requires a Special Use Permit for junkyard operation in that zone. Since Central Auto Parts desires to expand their operations to include this property, a Special Use Permit `'s required. The Planning Commission recommended pproval of Special Use Permit SP #82-11 with the stipulation that all outside imp ovements be part of the Special Use Permit and the owner of the property be so informed as to what those improvements must be. Staff recommendation pertaining to this use are: 1. No driveways or access be authorized onto 73rd Avenue. 2. Solid screening fence be placed completely around the property. 3. Additional vines and landscaping be placed along the screening fence on 73rd and 732 Avenues. 4. Underground sprinkling of the boulevards and landscape areas. 5. Concrete driveways extending a minimum of 10 feet beyond the screening fence into the property f om the street. 6. A surface water drainage lan be developed to insure protection of Norton Creek from polluti n and contamination. 7. Building construction, driveways , and parking comply with our zoning code. PLANNING COMMISSION MEETING, NOVE BER 17, 1982 PAGE 3 MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO CLOSE THE PUBLIC HEARING ON SP #82-10 BY VIKING CHEVROLET. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 7:54 P.M. Mr. Oquist stated that since the pecial use permit is granted for the property, he felt they should specify in th motion that when the lease between Viking and Strite-Anderson terminates, t e special use permit would also terminate. He stated he could also understan what Mr. Deblon was saying about getting some landscaping in this area, bu when Viking Chevrolet is looking at only a 30-day lease, it didn 't seem reasonable to ask them to do that. He thought Staff should work that out with Viking, and it should not be part of the motion. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP #82-10, BY VIKING CHEVROLET, PER SECTION 205.101, TO ALLOW THE STORAGE OF NEW VEHICLES ON ADJACENT PROPERTY, STRITE- ANDERSON, DESCRIBED AS PARCEL270 IN THE NORTH 1/2 OF SECTION 12, THE SAME BEING 7585 VIRON ROAD N.E. (VIKI G CHEVROLET, 7501 VIRON ROAD N.E.) , WITH THE STIPULATION THAT THE SPECIAL USEERMIT WILL EXPIRE WHEN THE LEASE BETWEEN VIKING CHEVROLET AND STRITE-ANDERSON IS ERMIXATED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated the City Council would set the public hearing date on this item at their Dec. 6th meeting. 2. PUBLIC HEARING: SPECIAL USE PERMIT SP #82-11 , CENTRAL AUTO PARTS, BY JOHN BU IC: Per Section 205.131 , 8, to ow a junk yard on Lots 6, 79 and 8, Block 2, Central View Manor, the same being 1136 72 1/2 Avenue N.E. MOTION BY MR. KONDRICK, SECONDED BY MS. VAN DAN, TO OPEN THE PUBLIC HEARING ON SP #82-11, CENTRAL AUTO PARTS BY JOHN BUZIC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:58 P.M. Mr. Deblon stated the location o this property is just north of 73rd Ave. to the south of 731,- Ave. , and just o the west of T.H. 65. Mr. Tom Flaherty, representing Central Auto Parts, stated he was in the process of trying to purchase the proper y. He stated the property is not used as a "junk yard". They use the prope ty to park their over-the-road trucks and to service their equipment. City Staff felt that, in order to continue this type of use, Central Auto Parts would need a special use permit. Mr. Deblon stated, to give a little background on this property, the land went tax forfeit in 1981 , the City picked it up and dedicated a drainage easement through the eastern part of Lot 1B. The property was auctioned and bought by PLANNING COMMISSION MEETING, NOVEMBER 17, 1982 PAGE 4 Don Chies in late 1981 or early 1982. Central Auto Parts has been renting the property for the past 6-7 years. The property is also used for temporary storage for wrecked cars before the wrecked cars are taken across the street to be dismantled. Mr. Flaherty stated their trucks travel over a five-state area picking up damaged automobiles, so the trucks are loaded when they come in. Often the trucks will sit on the property overnight until the automobiles are unloaded. He stated the property is not used for the storage of auto parts or the dismantling of cars. That is all done across the street in their building at 1201 - 73z Ave. Currently, there is a large amount of construction equipment, trucks and property belonging to Don Chies on the property, and Central Auto Parts is currently using the building and the parking alongside the building for the parking of their trucks. Mr. Flaherty stated again that he is in the process of purchasing the property from Mr. Chies. In the purchase agreement, Mr. Chies is allowed a certain amount of time in which to remove his property. The purchase agreement is accepted by both the buyer and seller and is contingent upon approval of the special use permit by the Planning Commission and City Council . Mr. Flaherty stated he plans to work with Staff on landscaping. He plans to land- scape the boulevards, put in screening, a new fence, a rolling gate, driveway, and curbing in order to bring the property up to code. The property is in need of some attention. He stated they will continue to use the property for the storage and parking of their over-the-road trucks and service their equipment in the building. Mr. Oquist stated he questioned the need to grant a special use permit for a salvage yard when Mr. Flaherty has no intention of using the property as a salvage yard, and the City would also rather he didn't use it that way. It is just going to be used for storage and maintenance of business vehicles. Mr. Deblon stated the property is still being used as an expansion of the salvage operation and,therefore, requires a special use permit. Mr. Flaherty stated on occasion the salvage vehicles will be stored on the property, and it is possible cars to be salvaged could be on the property a good part of the time. Staff felt if these cars are going to be on the property, in order to be in compliance, the special use permit was needed. Ms. Schnabel stated she agreed with Mr. Oquist. If the property is only going to be used for the parking and storage of vehicles and not as part of the salvage part of the business, maybe there is no need for a special use permit. She understood Staff's interpretation, but she was confused over the need for a special use permit. Mr. Oquist stated that without a special use permit, Mr. Flaherty couldn't use the property as an extension of the salvage business, but could continue to use it as he is now. Ms. Schnabel agreed and stated that if the special use permit was granted, then 1 PLANNING COMMISSION MEETING, NOVEMBER 17, 1982 PAGE 5 Mr. Flaherty could do salvage work on that property. Otherwise, without the special use permit, he is limited to use that property only for the maintenance and storage of his business vehicles. Mr. Kondrick also agreed. Mr. Deblon stated that right now his is a non-conforming use and a special use permit is needed to make it a conforming use. Mr. Oquist stated that if the Commission recommends approval of this request, they should request Staff to provide for City Council an answer to the question of why a special use permit is reilly needed. MOTION BY MR. KONDRICK, SECONDED ZY MS. VAN DAN, TO CLOSE THE PUBLIC HEARING ON SP #182-11, CENTRAL AUTO PARTS, BY JOHN BUZIC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:29 P.M. MOTION BY MR. KONDRICK, SECONDED 1Y MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, P #182-11, CENTRAL AUTO PARTS, BY JOHN BUZIC, PER SECTION 205.131, 3, 8, TO ALL(W A JUNK YARD ON LOTS 6, 7, AND 8, BLOCK 2, CENTRAL VIEW MANOR, THE SAME BEINC 1136 72 1/2 AVENUE N.E., WITH THE STIPULATION THAT ALL OF THE OUTSIDE IMPROVEMEA TS BE PART OF THE SPECIAL USE PERMIT AND THAT THE OWNER OF THE PROPERTY BE NOTIFIED OF WHAT THOSE IMPROVEMENTS MUST BE. THE PLANNING COMMISSION ALSO REQUESTS CITY STAFF TO PROVIDE INFORMATION TO THE CITY COUNCIL ON WHY A SPECIAL USE PERMIT IS NEEDED IN THIS CASE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated the City Counit would set the public hearing date for this item at their Dec. 6th meeti g. 3. PUBLIC HEARING: SPECIAL USE PERMIT, SP #82-12, PARK CONSTRUCTION COMPANY, Y CARL 01 N: Per Section 2 5.131 , B, i of the Fridley City- allow itya ow the set up of a crusher to reclaim concrete, to be located on Parcel 7200, Section 3, bounded by 8 st Avenue and Beech Street, all part of 7900 Beech Street N.E. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO OPEN THE PUBLIC HEARING ON SP #82-12, PARK CONSTRUCTION COMPANY, BY CARL OLSON. A UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:36 P.M. Mr. Deblon stated Mr. Dick Carlsoi was in the audience to answer any questions about this operation. PLANNING COMMISSION MEETING, NOVEMBER 17, 1982 PAGE 6 Mr. Carlson stated this crushing operation is a new venture for Park Construc- tion. They plan to bring in concrete materials to be crushed. When they have accumulated enough materials, they will bring in a crusher and crush this material , then stockpile it for reuse and sale. There is no way they would have enough material to keep a crusher going to its full extent. However, there could come a time when the crusher would be there full time. He stated this is recycling material that people normally are hauling and putting into land- fills which is wasting a good product. He stated crushed gravel is getting harder and harder to get. Mr. Svanda stated he would be concerned about the noise generated by the crusher as residential housing is not too far away. Mr. Carlson stated he has no expertise in how much noise is generated by the crusher. The power plants of the crusher are normally enclosed in a van so the only actual noise is the crushing of the material as it goes into the crusher. In 1971 Park Construction crushed a million yards of limestone on East River Road and 37th for Burlington Northern. They crushed two shifts night and day, and the noise from the crusher did not pose any major complaints from the neighborhood. Mr. Deblon stated it would be interesting to visit an existing rock crusher and take decibel readings at various distances. He would suggest Mr. Carlson do that before the special use permit request goes to the City Council as noise might also be a concern expressed by the City Council . Mr. Carlson stated that Carl Bollander & Sons has been crushing rock for the last three years down on Marshall Ave. & Plymouth. The crusher is located within 200 ft. of a redevelopment area with new homes. Bollander did get some complaints, and he put up a noise barrier to deflect the noise. Mr. Carlson stated that if noise is a problem, there are remedies. He stated if they violate the noise code, then they would have to do whatever is necessary to be in com- pliance with the noise code. Ms. van Dan asked about the dust. Mr. Carlson stated there would be some dust, but the amount of dust varies with the different types of material . He stated he did not feel dust would be a problem. Mr. Carlson stated they keep a neat and tidy operation, and they want to cooperate with the City in every way possible, including any noise or dust complaints. He felt this was an avenue that the construction industry is doing that, quite frankly, is going to save taxpayers' dollars. Mr. Kondrick stated his concern was also about the noise as crushing rock is a noisy operation. Mr.Deblon stated that, as Mr. Carlson had stated earlier, this is a form of recycling. COUNCIL MEETING OF DECEMBER 6, 1982 PAGE I Mr. Inman stated both the Police Department and the Public Works Department have reviewed the request and recommend approval. He further stated there has een some problems in the transfer of ownership, which resulted in tax considerations with the State and the State, therefore, has asked for additional time to finalize their document with Tomark, Inc. Councilman Hamernik questioned the seating capacity at Mr. Steak and Mr. Potter stated it was 132. Councilman Schneider asked if there are any plans to add a bar area now or in the future. Mr. Potter stated, at the present time, they do not have any such plans. Mr. Qureshi, City Manager, stated his concern was if there would be sufficient parking, if there is an increase in business with the issuance of this license. Mr. Potter stated they do havean agreement with the Holiday Station where their employees are permitted o park on that property. Mr. Qureshi felt they should be aware that if they don't have adequate parking, it might affect the renewal of their license. No other persons in the audience spoke regarding the issuance of this on sale liquor license. MOTION by Councilman Hamernik to close the public hearing. Seconded by Councilman Fitzpatrick. Upo a voice vote, all voting aye, Mayor Nee declared the motion carried un nimously and the public hearing closed at 7:55 P. M. -\ ARD CARLSON OF PARK PUBLIC HEARING ON VACATION REQUEST, SkV #82-Q3,/Bl CONSTgUCTION, To VACATE LONGFELL STR,� AST OF THE nnaTTNGTON NORTHERN RAILROAD TRACKS: I MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hen ing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:57 p. m. Mr. Flora, Public Works Director, stated Park Construction has requested a vacation of the street and alley between their property on Beech Street and the Burlington Northern Railroad tracks. Mr. Flora stated the Planning ,Commission has recommended approval of the vacation with two stipulations; one is tht the City retain an access easement to the back lots and the other is that any drainage easement be restricted to underground pip ng. COUNCIL MEETING OF DECEMBER 6. 1982 PAGE 4 Mr. Flora stated the staff concern is the accessibility to those lots in Block 5 and 12, Spring Brook Park, and the City's ability to divert a portion of the Stoneybrook drainage system to the Springbrook Nature Center Pond. He stated, therefore, the City would like to maintain a 30 foot drainage/utility easement along the railroad track property. Councilman Hamernik questioned if there was an easement north of the tracks and the possibility of continuing this easement to the north. Mr. Flora stated the City is attempting to acquire the easement essentially from 78th all the way north to the Springbrook Nature Center. Mr. Carlson, the applicant, questioned if it is a drainage ditch easement or property the City would be taking away from them. Mr. Flora stated the City is looking for 30 feet of land where a drainage system could be installed and it could either be an open ditch or a pipe. Mr. Carlson stated that Northern States Power now has a high wire line going across the property, but still makes the land useable. He further pointed out that Minnegasco and the Metropolitan Waste Control Commission have their piping below the existing grade. Mr. Carlson stated they have just purchased this piece of property for storage of their equipment and all they ask is that it be useable for their intended purposes. He stated if the easement the City is requesting would make that land unuseable to them, he felt the City should buy the property from them. He stated if the City wants an underground drainage system, they have no objection; however, an open ditch would make the land unuseable to them. Mr. Carlson stated it didn't seem feasible to him to put an open drainage ditch over a sewer line, when this line has to be accessible for repairs. Councilman Barnette stated if there isn't an easement going north, it makes the other parcels of land virtually unsaleable and felt access should be provided to those parcels. Mr. Flora stated one easement is to allow access and the other 30 foot easement is for drainage purposes. He stated the request to vacate the street and alley covers about 12, 000 square feet and the City is looking at some future improvement along the tracks for treatment of storm water before it enters the mississippi river system. Mr. Qureshi, City Manager, stated by providing a means of diverting the water, it would lower the burden on Stoneybrook Creek and, hopefully, improve the nature area. He stated in order to have a controlled area into Stoneybrook and minimize the damage on Springbrook creek, the drainage easement is needed to, basically, divert the water, and the cheapest method would be an open ditch. Mr. Carlson stated the City already has a drainage easement and felt this should be utilized instead of depriving them of useable property on the south end of this parcel. Mr. Qureshi stated the City does use the COUNCIL MEETING OF DECEMBER 6. 1982 PAGE 5 drainage easement to which Mr. arlson is referring, however, additional drainage easements are needed t handle the water to the north. Mr. Carlson felt it would be dvantageous for the City to contact the Metropolitan Waste Control Comm ssion to see if they would alow an open ditch over their line and to al o consider if the location of the gas line would prevent an open drainage itch. Mr. Qureshi stated he would gree a piped system would be a better arrangement, but the only probl m is the cost. Mr. Qureshi felt there are a n ber of issues the staff would like to check into further and it might be best to continue the hearing until the second meeting in January. He stated he hoped they can come to some agreement that meets both the staff's and Mr. Carlson's requirements. MOTION by Councilman Hamernik t continue this public hearing to the second meeting in January. Seconded ;y Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 1 ORDINANCE N0, 764 ADOPTING A NEW CHAPTER 405 ENTITLED "CABLE COMMUNICATIONS FRANCHISE" AND REPEALING OLD CHAPTER 405 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND GRANTING A FRANCHISE TO GENERAL TELEVISION OF MINNESOTA. INC.. A MINNESOTA CORPORATION. DOING BUSINESS AS STORER CABLE COMMUNICATIONS SYSTEM IN THE CITY OF FRIDLEY, SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF FRANCHISE, DEFININI-IHE MEANING OF FRANCHISE, AND PROVIDING FOR THE REGULATION OF THE FRANCHISE INCLUDING PENALITIES FOR THE VIOLATIONS THEREOF: AM ORDINANCE NO 765 ESTABLISHING CHAPTER 406 ENTITLED "CABLE COMMUNICATION RATES AND RATE CHANGE PROCEDURES" PURSUANT TO THE CITY OF FRIDLEY CABLE COMMUNICATIONS FRANCHISE ORDINANCE: Mr. Matz, Attorney for the Cable Television Commission, stated the franchising document before theCouncil has been slightly revised since the first reading of the ordinance. ) He stated it is necessary that the State Cable Board review all franchisJ ordinances, therefore, the approach in Fridley has been somewhat different in that they have both an ordinance and a contract. Mr. Matz stated the documents before the Council are final, with one small exception, which is the addition of a sentence in Section 9.05 of the ordinance, as requested by Ms. Reichgott, the attorney for Storer. Mr. Matz stated he believed this request is in order and preserves both the intention and meaning of that section and requested the Council consider this addition this evening. COUNCIL MEETING OF DECEMBER 6, 1982 PAGE_6. ' ' - J . Mr. Matz stated there was a typographical error in the subscriber contract which has been corrected and this document in now in order. Mr. Matz stated there was a memo prepared by Mr. Herbst of their office where suggestions were made regarding an acceptable procedure to treat document FCC Form 326. Councilman Schneider stated his concern that if for some reason the City doesn't follow the requirements for keeping FCC Form 326 private and a copy is made and distributed, if they are subjecting the tax payers and the City to a potential lawsuit by Storer because the City violated their privacy. He stated he personally feels he is not willing to take on that burden. Mr. Matz stated he didn't believe copying tha form and distributing it would subject the City to any liability. He stated if that document came into the public domain and Storer was damaged by that act of the document being distributed, Storer would have to prove some damage to their company. Councilman Schneider stated he hates to lock the City into a situation of potential liability, and wondered if working could be added to the effect the City would make every attempt to keep the document confidential, but to hold the City harmless in the event the document was inadvertently disclosed. Ms. Bremer, Director of Community Relations for Storer, stated she could understand the City's concern and would have no objection to going back to the original wording, and that was the City would maintain the confidentiality of the document. Ms. Barbara Hughes, a member of the Cable Television Commission, stated the Commission looked at this question and weighed the value of having that document on hand versus protecting the confidentiality. She felt, as long as they can receive accurate information through the Finance Director, it wouldn't matter whether the document is on hand at the City Hall. Ms. Bremer stated the object of putting in a confidentiality clause is to protect the company from the release of those documents. She stated, if the document was released, the City would be only subject to liability if the company could prove damages. She stated their only concern about a hold harmless clause is it makes the confidentiality of the document meaningless. She further stated she would have some concern about a blanket hold harmless clause, but would be willing to work out something regarding the inadvertent release of the document. Mayor Nee asked the attorney and the Storer attorney and representatives to meet and try to work out wording regarding a hold harmless clause, and the Council would continue this item until later in the meeting. COUNCIL MEETING OF DECEMBER 6. 1982 PAGE 11 special use permit to allow parking of new vehicles on Strite-Anderson's adjoining property. He stated the Planning Commission has recommended approval with the stipulation that the special use permit would expire when the lease between Viking Chevrolet and Strite-Anderson is terminated. Mr. Flora stated, in the staff review of this partcular request, there have been some restrictions placed oi both Viking Chevrolet and Strite- Anderson regarding landscaping and scree ng of the refuse containers, which have not been complied with. He stated the property owners have also been notified there is a ten foot wide piece of property between the two businesses that has gone tax fofeit and this piece should be obtained by either or both of the businesse because, currently, there is trespass of property. Mr. Dooley, representing Viking Chevrolet, stated there was no agreement on the landscaping as far as Viking Chevrolet was concerned. Mr. Flora stated this requirement was in regard to the special use permit issued by the Council on May 17, 1982 for a mobile home trailer license. Mr. Dooley stated they are real y not sure what the City wants them to do regarding the landscaping. Mr.1 Flora stated they have been contacted, as well as Strite-Anderson, to i prove the landscaping and a recommended landscaping plan will be prese ted for implementation this next summer. Mr. Qureshi, City Manager, suggested the special use permit be for a one year period in order to work out some of the staff's concerns regarding the landscaping and upgrading of the property. MOTION by Councilman Schneider to concur with the recommendation of the Planning Commission and grant special use permit, SP #82-10 for one year to Strite-Anderson for use of leasing this property to Viking Chevrolet. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. SPECIAL USE PERMITO 72-1/2 AVENUE N. E. Mr. Flora, Public Works Director, stated Central Auto Parts is requesting an expansion into a portion of property on Lots 6, 7, and 8, Block 2, Central View Manor, to store their over-the-road vehicles. He stated the Planning Comm ssion has recommended approval with the stipulation that all the ousid improvements be part of the special use permit and that the owner f the property be notified what those improvements must be. COUNCIL- MEETING OF DECEMBER 6. 1982 PAGE 12 Mr. Flora stated staff met with the applicant for the special use permit and identified seven recommendations for this property regarding the improvements. He reviewed them as follows: (1) No driveways or access be authorized onto 73rd Avenue; (2) Solid screen fencing be placed completely around the property; (3) Additional vines and landscaping be placed along the screening fence on 73rd and 73 112 Avenues; (4) Underground sprinkling of the boulevards and landscape areas; (5) Concrete driveways extending a minimum of 10 feet beyond the screening fence onto the property from the street; (6) A surface water drainage plan be developed to insure protection of Norton Creek from pollution and contamination; and (7) Building construction, driveways, and parking comply with the City's Zoning Code. Mr. Buzik stated the main reason they are purchasing this property is for loading and unloading their trucks. He stated they wouldn' t be able to pull in and turn around if they didn't have a driveway on to 73rd Avenue. He stated they plan to use crushed rock in the boulevard area so they wouldn't need a sprinkling system. Mr. Qureshi, City Manager, stated Central Auto Parts has been one of the better auto recycling businesses in the area. He felt, if the special use permit is granted, restrictions should be imposed that would guarante the property would be maintained with landscaping, screening, etc. and the permit should be for a limited period of time and reviewed. Mr. Herrick, City Attorney, stated if the special use permit would be issued it should be determined on the conditions outlined by staff. He stated another consideration is that the applicant is now proposing to buy this property, subject to obtaining the special use permit. He felt the Council, if they approved the special use permit, it would be issued at the time the applicant shows valid proof of ownership of the property or contract for purchase. Mr. Buzik felt they wouldn't want to have the costs at this time to bring in the water because, as it is now, this would be a temporary facility for them. Councilman Schneider asked Mr. Buzik if he would be willing to consider a sprinkling system at the time they constructed a building or at the end of the renewal period. Mr. Buzik stated about the only site they could build on would be Lot 6 and didn't want to promise at the end of the renewal period they would put in a sprinkling system. He stated the costs now would be about $20,000 for the fencing, driveways, and landscaping plus the cost to purchase the property. Mr. Buzik stated they are trying to work with Rent Hill on what to put in for landscaping and felt, at this time, if just the landscaping could be worked out, and not the requirement for undergroud sprinkling, this would be satisfactory to them. r - _OUNCIL MEETING OF DECEMBER PAGE 14 MOTION by Councilman Seneider to concur with the recommendation of the Planning Commission and grant 3liecial use permit, SP #82-11 to Central Auto Parts on the condition they acq re the property from its present owner, and with the following stipulat ons: (1) Limited driveway access only be authorized onto 73rd Avenue- (2 Solid screening fence be placed completely around the property; (3) Additi nal landscaping, as worked out with staff, be placed along the screenin fence on 73rd and 73 1/2 Avenues ; (4) Concrete driveways extending a minimum of 10 feet beyond the screening fence into the property from th street; (5) A surface water drainage plan be developed to insure protection of Norton Creek from pollution and contamination; (6) Building eon truction, driveways, and parking comply with the City's Zoning Code and in any event, when a structure is built on the proeprty, an underground landscaping sprinkling system would be constructed at that time. Further, this special use permit is granted for a three year period and is to be reviewed at the end of this time. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaaimously. C C SPECIAL USE PERMIT, SP #82-12. PARK CONSTRUCTION BY CARL. OL•SON TO ALLOW THE USE OF A CRUSHER TO RECLAIM CONCREATE, 7900 BEEQ- STREET N.E. : Mr. Flora, Public Works Director, stated this is a request for a special use permit to allow the operation of a rock crushing machine to redeem concrete on Park Construction's property at 81st and Beech Street. He stated the Planning Commission has heard this request and recommends approval. Councilman Fitzpatrick asked if there was any additional information available on the dust and noise. Mr. Carlson stated 25, 000 to s of concrete was crushed in downtown Minneapolis and there wasn't enough dust to cause any concern. He stated when they were before the Planting Commision, he agreed they would abide by all ordinances, both noise ant dust, with this operation. Mr. Carlson stated, if noise was a serious concern, he would put up a noise wall in order to make this a respectab a business. Mr. Herrick, City Attoney, asked about the possibility of screening the material from the adjacent properties. Mr. Carlson stated it would depend on the amount of material they have to crush at any one time, but they would try to keep the height of the material within reason. Mayor Nee stated from the noise aspect, it wouldn't be any louder than the trains, but didn't know abouthe dust factor. Mr. Flora stated measures can taken to control some of the dust by means of a sprinkling system. MOTION by Councilman Barnette to grant special use permit, SP#82-12 to Park Construction for a one year period to be reviewed and re-evaluated at the end of this time and, further, that the City be allowed to dump waste COUNCIL MEETING OF DECEMBER 6. 1982 PAGE 14 concrete material at Park Construction's storage site. Seconded by Councilman Hamernik. The Council asked Mr. Carlson if he knew the location of one of these crushers so that they may have an opportunity to observe its operation. Mr. Carlson stated he believed one is located at the International Airport on the west side back of the new MTC bus garage, and stated he would check into this further and get back to staff if the Council was interested in reviewing this operation. MOTION by Councilman Barnette to table this item to the December 20, 1982 meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECESS: Mayor Nee called recess at 10:50 P. m. RECONVENED: Mayor Nee reconvened the meeting at 11 :02 p. m. All Council members were present. ITEM FROM PARR & RECREATION MEETING OF OCCTOBER 29, 1982 - RECOMMEND ` THAT JAY PARK BE ADDED TO APPROVED GENERAL SKATING AREAS FOR 1981-84 SEASON IN RESPONSE TO PETITION 9-82: Councilman Fitzpatrick stated there was a petition initiated for a general skating area at Jay Park and the recommendation of the Parks and Recreation Commission and the Planning Commission was for the Council to approve this addition. Mr. Qureshi, City Manager, stated recognizing the budget situation and the cuts, this would be an added area of service and it was felt the Council should be aware of this request. He felt staff could obtain further information on the impact of providing this rink, as it relates to other budget requests. MOTION by Councilman Fitzpatrick to table this item to the December 20, 1982 meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of November 17, 1982. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1 O APPROVAL OF THE AMENDMENTS TO CITY CHARTER FROM THE CHARTER COMMISSION: Mr. Clifford Ash, Chairman of the Charter Commission, appeared before the COUNCIL MEETING OF DECEMBER 20. 1982 PAGE I Mr. Herrick stated he has recently sent a copy of three reports concerning the FMC site and Medtronic and Onan sites to the City Manager's office possibly the Council would like to review them. Councilman Barnette asked who w uld pay for this to be corrected. Mr. Flora stated the designation of the FMC site may qualify for assistance under the EPA superfund project , probably if they find expensive corrective measures are required. He stated the Medtronic and Ona sites are local problems which will have to be addressed separately. Mr. Herrick stated he thought the Federal and State governments look at the landowners and, if they a en't capable of handling it, then some superfund money might be made av lable. OLD BUSINESS: REPEALING OLD CHAPTER 3 OF THE TY CODE IN ITS ENTIRETY:1 'OEDINANCE NO, 766 ADOPTING A NEW CHAPTER I ENTITLED -PERSONNEL" AND MOTION by Councilman Schneider o waive the second reading of Ordinance No. 766 and adopt it on the second reading and order publication. Seconded by Councilman Hamernik. Upon 'a voice vote, all voting aye, Mayor Nee declared the motion carried una imously. CONSIDERATION OF A SPECIALMPARK CONSTRUCTION, BY CARL OLSON, TO ALLOW THE USE OF A C USN�E �AIM CONCRETE, 7900 BEEC STREET (TABLED 12/6/82) : Mr. Flora, Public Works Director, stated Park Construction has requested a special use permit to locate a rock crusher on their property to recycle concrete. He stated the Plannirg Commission has recommended approval of this special use permit and staff has identified three additional stipulations to be considered. They are as follows: ( 1 ) The City would be allowed to dump their waste oncrete material at this site at no cost with credit; (2) Park Construction would take necessary steps to insure the City and State dust, noise, and environmental limits are not exceeded; and (3) The rock crusher generators and stock piles would be located as far northeast of the Burlington Northern Railroad tracks as possbile. Mr. Prairie, representing Park lConstruction, stated from the northeast corner of their property, it io 1 , 160 feet to the nearest home and the businesses are about 100 feet closer. He further stated, there aren't any tenants closer than 800 feet. Mr. Prairie stated they estimate about 12,000 tons of concrete a year would be crushed and felt it would take about four weeks to accomplish this operation. He stated, therefore, a permit would probably only be needed for three to four weeks out of the year. He felt it would also be better to do this operation in the winter. i COUNCIL MEETING OF DECEMBER 20, 1982 PAGE 4" Councilman Schneider questioned why the winter would be a better time. Mr. Prairie stated because people would have their windows shut, and pointed out a similar operation at the airport where he stood about 800 feet away and couldn't even hear the operation and there appeared to be very little dust. Councilman Hamernik asked if they could sprinkle in the winter, if there is a problem with dust. Mr. Prairie indicated it wouldn't be possible. Councilman Schneider stated it appears the biggest concern would be the dust from his type of operation and asked if there are any standards . Mr. Flora stated in the City's Zoning Code, the State Code is adopted which does address the dust problem, but didn't know exactly what criteria was used. Mr. Herrick, City Attorney, stated he felt what was used was an opacity test and the question of whether the dust is thick enough to significantly obstruct viewing of a cone or whatever is used. He felt it probably wasn't the most scientific test, but probably the best one available for that particular kind of situation. Mr. Qureshi, City Manager, questioned the height of the stock piles, after the concrete is crushed. Mr. Carlson stated they would be 30 feet high. Mr. Qureshi stated there is the potential for the wind to blow this material, as it wouldn't contain any growth to hold down the dust. Mr. Carlson stated, after viewing the airport site and a similar operaton, he didn't believe the dust problem would be any great detriment to the community. Mayor Nee questioned what creek would receive the drainage from this area, and Mr. Flora stated the drainage goes into Stonybrook Creek. A motion was made by Councilman Hamernik and seconded by Councilman Barnette to take this item off the table, and Councilman Hamernik repeated the following motion, which was made at the December 6 , 1982 meeting, and now on the floor. MOTION by Councilman Barnette to grant special use permit, SP #82-12 to Park Construction for only a one year period after that period it is to be reviewed and re-evaluated and, further, that the City be allowed to dump waste concrete material at Park Construction's storage site. Seconded by Councilman Hamernik. Councilman Fitzpatrick asked if a shorter permit could be granted rather than for one year. COUNCIL. MEETING OF DECEMBER 20. 1982 PAGE 5 Mr. Carlson stated he didn't know if they would have enough concrete a year from now to even crus it, as it takes a while to let the contractor's know this site is vallable for crushing concrete. Mr. Prairie stated the Council y wish to consider giving the special use permit for one crushing opera ion and then the Council could view the operation. Mr. Carlson stated they intendto get into the business because of the State program, but it didn't me n a crusher will be on this site. MOTION by Councilman Barnette t amend the motion to grant the special use permit, SP #82-12 only for the >eriod from March 1 , 1983 to February 28, 1984 and re-evaluate the permit at the first regular meeting of the Council in March, 1984, providi ig there has been one crushing operation at that time. Further, that the C ty be allowed to dump their waste concrete material at this site at no cos with credit; Park Construction would take necessary steps to insure he City and State noise , dust , and environmental limits were not a ceeded; and the rock crusher, generators and stock piles would be locate as far north and east on the property as possible. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot on carried unanimously. Mr. Qureshi, City Manager, at ted there is the potential some of this material may get into Stonybroo Creek and felt it was reasonable for Park Construction to meet the sta dards and criteria of the Rice Creek Watershed District. Mayor Nee stated he felt thi was imperative since the dust may be a serious consideration for adjoi ing properties. Mr. Qureshi stated, that the re uirementa to be followed is that, there should be no dust problem beyon Park Construction's property lines. MOTION by Councilman Fitzpatrick to amend the above motion by adding that the same standards regarding run-off be applied to this site, as applied in the Rice Creek Watershed area. Seconded by Councilman Barnette. Mr. Flora stated what is reqired is some sort of detention pond for surface water on the site and al weir to filter the water before it goes into the stream. Mr. Prairie asked if this would be required if there isn't any problem. Mr. Qureshi stated these stands ds are applied for any new development and before any water goes into the creek, it is detained and goes through a filter system. Mr. Carlson felt this operation should be monitored for a year and if it poses a great problem, they would work with the City Engineer to take immediate action to correct it. COUNCIL MEETING OF DECEMBER 20, 1982 PAGE 6 Councilman Schneider asked if they Would be Willing to pay the City for costs that might be connected With this operation in the event it does become a problem. Mr. Carlson stated he Was not willing to put in a dollar amount or to assure this, but they have insurance coverage if they were destroying an adjacent property. Mr. Flora stated, personally, he didn't think this would be an expensive item to provide the detention pond and weir as Park Construction probably already has 95% of this on their site. Mr. Carlson stated he is not asking for a permit to pollute any water, but didn't want to go into an expensive system. He stated, if it is something within reason, they would be willing to cooperate with the City. UPON A VOICE VOTE TAKEN ON THE ABOVE AMENDMENT TO THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. CONSIDERATION OF RECOMMENDATION THAT JAY PARK BE ADDED TO APPROVED GENERAL ,SKATING AREAS FOR 1983-84 IN RESPONSE TO PETITION 9-82 (TABLED 12/6/82): MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Parks and Recreation Commission and Planning Commission to put Jay Park on the list of those that would have a general skating area in the 1983-84 season. Seconded by Councilman Barnette. Councilman Schneider questioned what criteria was used in determining where an ice rink should be provided. Councilman Fitzpatrick stated one of the points made in this paticular request is that there are 50 to 60 elementary shcool children and when the decisions were made where to provide ice skating areas, these children were pre-schoolers. Councilman Hamernik stated the Commission felt the area is bounded by major artery areas and not convenient for those children to walk to other areas. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Ct CONSIDERATION OF APPOINTMENT TO ENERGY COMMISSION (TABLED 12/6/82) : MOTION by Councilman Fitzpatrick to table this appointment to the Energy Commission. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CITY OF FRIOLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 December 8, 1982 CITY COUNCIL ACTION TAKEN NOTICE John Buzak Central Auto Parts 1201 73 1/2 Avenue N. E. Fridley, Mn 55432 On December the Fridley City Council officially approved your request fora QPCial Us Permit. SP #82-11 , to allow nsion with the stipulations listed belo : of your business on Lots 6, 7, and 8, Block 2 Central View Manor, 1136 1 . Special Use Permit granted t the business for 3 years 73 1/2 Avenue with proof of purchase of above stated property. 2. Driveways or limited access te authorized onto 73rd Avenue. 3. Solid screeing fence to placd completely around property 4. Additional landscaping be pl:ced along the screening fence on 73rd and 73 1/2 Ave. .(work with City staff) 5. Concrete driveways extendinga minimum of 10 feet beyond the screening fence into the property from the �treet. 6. A surface water drainge plan be devloped to ensure protection of Norton Creek from pollution and contamina ion. 7. At the time of building cons ruction, consider underground sprinkling, and driveways and parking comply with our zoning code. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. Sincerely, W ,\ , z J BOLD L. BOARDMAN JLB/de ,"/'City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken.