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PL 09/12/1979 - 30518CITY OF FRIDLEY PLANNING COMMISSION MEETING - SEPTEI�ER 12 1'979 ' CALL TO OftDER • Chairman Harris called the September 12, to order at 7:40 P,M. ROLL CALL• 1979, meeting of the Planning Commission Members Presen�: Ms. Schnabel, Ms. Hughes, Mr. Treuenfels, Mr. Harris, . Mr. Langenfeld, Mr. Oquist (arrived after roil call) Members Absent: Others Present: None JerTCy Boardman, City Planner, Bill Deblon, Associate City Planner APPROVE PLAIVNING COMMISSION MEETING MI&'UTES: AUGUST 22 1979: MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to approve the August 22, 1979, minutes of the Planning Commission, UPON A VOICE VQTE, ALL VOTING AYE, CHAIRM�,I�T �1AtZRIS DECLARED THE MOTION CARiZI�D. UNANIMOUSLY. 1. C�NTINUED: PUBLIC HEARING: CONSIDERATION QF A RE UEST FOR � SP�,CIAL USE PERMITa � SP. ��79�10 _ EXCALIBUR HOMES ING • PPr Section 205.157, 5, D, of the Fridley City Code, to allow the constxuction o£ two dwellings on Lois 27-30, Blocic S, � Ri�erview Heights, in CPR�2 zoning (Flood Plain), the same being 8125 and 8133 Riverview Terrace N.Eo Mr. Boardman recommended to the Planning Commission that this item be tabled until further notice. MOTION by Ms. $ughes, seconded by Mr. I.angenfeld to table the request for a Special Use �ermit, SPo ��7g-�0, Excalibur Homes, Inc., unti?. further notice. Ms. Schnahel pointed out that there were a number of interested homeowners in the audience and they had been faithful to follow this item. She thought perhaps they might have some questions �hat should be discussed. Mso Hughes withdrew her motion, Mra Za��genfeld withdrew his secondo Mr. Harris explained that this item h4d been continued for several meetings n�w and that they are tabelind this i.tem a�d.taking n� further action until the petitioner renews his speciaJ. use requFSt, Th� affected homeowners will be renotified oi such action. 1�i�TION by AIs , Hughes, secon:ied by �ir. Langenfeld, ro table the re�uest for a Special Use Pea-mit, Sp. ��79-10y Fxcalibur Homes, Inc., until further n,otice. UPON A VOTCE VOT�, ALL VOTTNG Ai'E, CIiAIRMAN Fi�ittRlS L►LCL�RED TI-IE MOTTON CARRIED UNANIMOUSLY, � Chairman Iia�ris wished to have it noCed that the a.ffected homeowners w.ill be natified of �ny £urther ac�ion on this item. ' �I.ANNING COA'Il�CCSSION MEETING. SEPTII�ER 12. � 1979 � PAGE 2 2. PUBLIC HEARING: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT SP. �79-11 BY ALLAN M. JOHNSON. JIM MILLER REAL ESTATE: Per Section 205.101, 3, E, of the Fridley City Code, to allow the installation of self-service gasoline pumps'in conjunction with a new convenience center, to be located on Lot 2, B1oLk 1, � Pearson's �econd Addition, along with Outlot A, Pearson's Second Addition, the ' same being 7751 East River Road N.E. � Mr. Boardman explained that the proposed itemWas located on East River Road, just - south of the Meadow Run Apartments, and north of Apache Trailer�Sales. The access into Chis propertyc�as suppose to be developed by all agreements on the joint driveway between this property and Apache Trailer Sales. 1f,�o more conditions are that �there be no disturbance �f the creek or creek area and to place screening in the front. ' The store area will be approximately 15,000 square feet. It is zoned properly, but the Special Use Permit is reyuired for installation and operation of the gas pumps to go along with the proposed fast-foo�l store. The other re,quested pQrmit w� for a drainage and utility easement vacation. Mr. Boardman also said the joint driveway entrance would be the only entrance allowed. The developer, Allan Johnson, explained the proposal. Mr. Johnson said they are proposing to construct a convenience center with a fast- food store. They feel it is necessary to install a couple self-service gas pumps for the customer coming to the store for a loai of bread, or whatever. This does not � mean a setup like Holiday or Super America. The gas service is a low profile operation and should not increase traffic. He went on to say the building will have 15,000 squarz feet, there Was adecluate parking plus room for good traffic flow. Mr. Johnson felt this development would compliment the City of Fridley. � Ms. Schnabel asked where excatly the pumps would be located. Mr. Boardman showed where the pumps are to be located and said they were worki,ng on some type of barrier protection and better direct traffic flow to the pumps. Another possible change ��as elimination of the driveway going around and just having back-in delivery far the va�cious facilities. This would keep delivery trucks out of the customer traffic flow. Ms. Schnabel asked what the egress was off o� East River Road. ' . Mr. Boardman said it �ias 25 feet, which is the normal access width. � Ms. Schnabel asked if this driveway �as shared with Apache Trailer Sales. Mr. Boardman said yes, but it was used primarily for entrance to Apache's s�orage area and not by its custom�rs. Ms. Schnabel asked if this size driveway would create problems for entering off of East River Road. Mr. Boardman said no, a 25 foot driveway all.ows for two-way traffic. Ms. Schnabel asked how many stores and what sizes they would be are planned. /"�- Mr. Johnson said the convenience food store would be approxitn�t�ly 3,500 square �feet, with the rest being divided up from 19000 to 4,000 square feet per store. ,"".=, • . Ms. Schnabel asked what types of stores would be going in and if they had any commitment��. � PLANNING COMMISSTON MEETING SEPTEMBER 12 '1979 � � PAGE 3 Mr. Johnson said they would not be duplicating the shopping center to the north, but felt it would service the area to the west of this properCy. The only store contacted so far was Tom Thumb, but there wasno firm coirnnitment from them. ''�'� Ma. Schnabel said the shopping center north of here was suppose to have a conanitment from 7-11, but it did not go through. This co�nitment was part of the reason for giving that shopping center the okay. Mr. Johson said he had a representative from Tom Thumb with him�tonight and he could answer.those questions better. Mr. Oquist arrived late and asked to have the entrance/joint driveway explained again. Mr. Boardman did this and alsa said there was some concern on drainage and run�off in- to the creek. He stated it�,�5 the policy to develope rentention and ponding areas and there are 3 potential areas above the bank that can be used for this. These will have traps on them to stop all undesirable elements from going into the creek. The City will be �asing a poliey similar to the Rice Creek Watershed policy, which states the developer c�asrequired not to increase tha� amount of run-off as compared to the un- developed piace of propertye Thiswas one of the requirements in ohtaining a building permit. � Mr. Boardman said tha asphalt is 20 feet from the pxoper�y line and there;.��'s,�n additional 45 feet before it�ineets the county roadway system. It is above the ditch area. Msa Hughes asked about the parking in the rear. Pi1c. Boardman said thatt4a�� primarily employee parking. �� _< Ms. Hughes asked i� the rear driveway was removed,w�s; th.ere still access for delivary. Mr. Boardman said yes, but the architect has not had time to study the proposed changes. He said he was concerned about run-oif from the back parking area and it being so close to the creek ba,nk. However, with the 3 proposed retaining areas the rate of run-off would be monitoxed in accordance with City policy. Mr. Langenfeld asked if the emission of the gas pumps puts it in the Special Use Permit request. Mr. Boardman stated yes, any installation of a gas pump service in the district needs a Special Use Permit and the permit entails the entire property. Mr. Treuenfels asked what the consequences would be if the gas pumps were installed or not installede Mr. Johnson said tlze consequence if they are installed would be explained by Mr. Ricics of Tom Thumb. If they are not installed they don't have any real course of action, but would s�ill be able to build �he center without the Special Use Permi�. Air. Drew Iticks, in charge of gasoline operations For Tom Thumb, stated faom past experiences tliey have not had any safety problemso The equipment meets all requirem ments of the State Fire Marshall. The pumps �re the Zatest equipment caith digita�l readout> It has a remote cuntrol run from witl7in the store, on which there are scaitches to shut ot-f one pump, all putnps or the entire console as tli� �ituation wairants. �.`here is a fire extinguisher as required by the pumps. Tom Thumb has been PLANNING COMMISSION MEETZNG. SEPTENIBER 12,•1979 � PAGE 4 involved witin this type of operation si.nce 1974 and have had no accidents or safety violations. ' Ms. Schnabel asked what the planned hours of operation would be for the store. ��, Mx. Ricks replied, 7:00 A.M. to 11:00 P.M., possibly opening at 6:00 A.M. to ^. service the morning commutors. Ms. Schnabel asked if Tom Thimb had�run a traffic survey of the area. Mr. Ricka s�.id no. � Ms. Hughes asked if they had numbers on the gas operation, for instance from their - other stores. Mr. Ricks said they are not li,ke Super ,Americ.a who pumps 100-700,00 gallons per month. They pump 40-45,000 gallons per month. The grocery operation was the mai�i convenience item and the gasoline . for customers already in the store. This should average between 100 to 150 gas sales per day. He said there will be 2 double pumps, with 4 hoses total. Mr. Boardman said the permit does not set the quanti�y of pumps that can be installed. Mr. Oquist asked Mr. Boardman if a Special Use Permit was granted and Tom Thumb did not go in, could a gas station go in then. Mr. Boardman said a condition for the permit would be to have the pumps used on].y in conjunction with a foods store. Mr. Oquist asked if this development was contingent upon the Special Use Permit for �``�,.ti ga� pumps. . .� Ms. Johnson stated probably. . . Mr. Ricks said this was the preferred route for Tom 7.'humb. The last 14 out of 15 stores opened have been developed this way. Mr. Johnson said they feel this . the future of the convenience food stores and they a re looking for sites to develop as such. Mr. Oquist asked what percentage the gas would have in the business. Mr. Johns�n stated percentage wise it Was not great. The total amount of gasoline, 45,000 gallons, was small and only an added convenience fo� the store customer. Ms. Hughes asked if there were other stores like this one in Fridley and what problems they had. It was decided Country Boy, located on Mississippi Street and Old Central, was the only one iri th� area. Mr. Boardman said there had been no problems with this one, except for site limitations. Ms. Hughes aslced if the grates used to catch paper debris, etc.�re designed to.stop chemical pollutar.ts. , . �"� -. Mr. Boaxdman said they use the same design as the Rice Creek Watershed, and were desi,_ d ��, . PLANNING CONIMISSION ME�TING SEPTrMBER 12 1979 PAGE'S for this. �he filtering system was �upposed to work qu3te we11. Mr. Langenfeld aslced if the convenience center could go in without this permit. Mr. Boardma,n said yes, if they get the yacation request�for.the�easements�. Mr. Langenfeld asked abouC outside lighting around the pumps. . Mr. Ricks replied they �sse a single pole c�ntered between the 2 pumps with mercury vapor lights. One large arm comes out over each pump and lights up �he entire ' parking area. There was also, if City policy allows, a Tom Thumlx Sign on the boule- vard with 2 directional lights. Mr. Langenfeld asked if the glare would affect the neighborhood. Mr. Ricks said no. They have used this system in other residential areas and have had no complaints. All lighting�3as directed in towaxds the center. Mr. Treuenfels asked in view of the President's energy policy on holding down im- ports, coulcl he explain why the purchase of gasoline should be made more convenient. Mr. Ricks said as far as an energy impactc he had no real thoughts on it. This is • only a customer convenience and if they want it they will buy it here or go somewhere else. Ms. Schnabel asked if they would be able to continue their gasoline supply. Mr. Ricks replied tha,�� would not be a problem. �� Mr. Johnson pointed out that gasoline only stations are hav�ng problems keeping opena He felt we have to look fo� al�ernative.s and this t;�pe of de-velopment was one of them, the local neighb�rhood�store ��ith gas. Ms. SchnabeZ said one of h�r main concerns the fact that this w�s.supposed to be servicing the neighborhood, especially the one west of the site, and you have to crass �ast fiiver Road, meaning you have to have a car•to get to it. Mr. Johnson said tha traffic flow was heavy, but it comes in spurts and you could walk across East River Roa.d at other times of ihe day. Mr. Boardman said �his wa,s�truc, other than your peak periods, iti�as relatively easy to g�t off and on East River Road. The trai'fic flow �as around J3,000 cars per day, ' Mr. Johnson said the questzon �as not the center, but the gas pumps, They will not increase the traftic flow, but what problems ceill they cause if theq are there. Mr. Treuenfels aslced if an air hose E,�ould be pravided for the bicyclist. Mr. Ricics said it was undecided yeic. 2'I�ey have t?�ied them at 2 locations but could noL- keefl them long enaugh to see if they worked. T(iey have had so many siolen they have almost given up on this idea. Mre Clquis� aslced what percentage of tkte s�ies figures �aaS f�om gas. Mre Ricks �:�plied before 6 months ago at �..50 a g�illon, sales were 30%, now �L- $1.00 a gallon iti �a���; /�0-50%. PLANNING COMMISSION MEETING. SEPTENNIBER 12. 1979' PAGE 6 Mr. Oquist also wanted to know how many customer buy gas only. � Mr. Ricks eaid less then 20%, most customers are xepeat customers. Mr. Boardman asked if there was a possiblity of putting a bridge across the creek �, to get foot traffic from the apartments. Mr. Boardman didn't know if this was feasible and would have to check with the architect, DNR and possibly work with the aparCment complex owner for cost sharing. Also, Mr. Boardman was interested in the possibility of a bicycle easement. '� ' Mr. Harris expressed concern about the storage tanks and the amount �f room left for the delivery tankers to maneuver around the pumps without hitting them. Mre Ricks stated the 2 tanks are located under the oo ncrete pods. Each tank holds 12,000 gallons and. all of this WaS in accordance with the State Fire Codes. Mr. Boardman said there was enough room to maneuver the tankers without cau�ing any problems. Ms. Schnabel s�ated one concern with the development to the north was traffic making a right-hand turn. The developer had been required to install a right- hand turn lane. She suggested this should be looked into. Mr. Johnson said he felt that could be worked out. Mr. Boardman said this waSSOmething that would have to be taken up with engineering and Anoka County. There is a deep ditch al�ng East River Road at this point, plus easements to consider. He stated there was 45 - 50 feet from the xoad to the easement, and a small shoulder that could possibly be utiilized. � Mr. Schnabel said they had been promised a foods store in the center to the north and this did not come about. - � Mr. Ricks pointed out that Tom Thumb has opened 45 stores in the last 5 years, and has had to close only 1, which was relocated in tha same area. Mr. Johnson said it co�zld be a possible contingency to have a conveni�nce food store- if this Special Use Permit was granted. Mr. Harris opened the floor to the audience for discussion. Mr. John Dunphy, 155 Stonybxook Way, said he was very interested in this development. His first concern was safety. Mr, Dunphy said peoply who do not live along this road do not realize how hazardous it Wa�• There seems to be an accidant every 1 to 2 weeks, mainly caused by someone making a left-hand turn and getting rear ended. He felt this development caould seriously complicate �he safety of this area. Nir. Dunp�iy also felt concexn about the size of the entrance. He stated the avexage garage entrance W�� 2Z-24 feet and they woul.d be trying to get trucks .in and out out on a 25 foot wide driveway. He pointed out when the building now occupied by Apache Trailex Sales was con�tructed, any further development in the neighborhood would be low-keyed in nature. Gas stations in particular were mentioned at that time as being contxary to this idea. Iie pointed out that numerous stations along Ease River Road were closed and that this community �aasnat in dire need of an additional gas sta�ion. Mro Ilunphy also stated the last quick service food store �"� in the araa went out of business because of lack of patronage. . ?�-�. PLANNING CON�4ZSSION MEETING SEPTEMBER 12 1979 PAGE 7 One more point Mr. Dunphy was questioning was the drainage problem. He asked the architect how much of the land would be covered with asphalt. The architect, Mr. Stephen Horts, replied more then 50% but less then 75%, with�the area in the north-northwest comer being left in its natural stated Mr. Dunphy was very akeptical as to how the amount of run-off for the site would not increase when the site was covered with asphalt. Mr. Dunphy said the additional run�off coming from upstream by all the land covered with asphalt was causing severe erosion problems on his land. Mr. Harris explained that gallonage would increase, but the rate at which the increased gallonage was allocaed to run off would be controlled. Mr. Dunphy expressed concem about the lighting. He felt more proof was needed to show that illumination from this site would not affect the nearby residential homes at 11 or 12:00 at night. He was curious as to what the peak hours of this store would be. Mx. Ricics said peak hours are from 6:30 - 8:00 A.M. and 4:00 - 7:00 P.M. Mr. Dunphy pointed outt�.is coincides with the peak hours on East River Road and this would mean 150 - 200 cars trying to make left or right hand turns, raising the risk factor on this road. . Mr. Dunphy`s last concern was that if this permit was granted, would this mea.n future real estate in the neighborhood would be introduced and cause even more hazardso Mary Ma.rtin, 133 Stonybrook Way, said she had a letter from neighbors, Mr. & Mrs. Lloyd Myers, Jr., I32 Stonybrook Way, that they wexe opposed �o this development aTso. ~ MOTION by Ms, Hughes, seconded by Mra Langenfeld to receive the letter. UPON A VOZCE VOT�, AZL VOTING AYE, CHAIRMAN HARi2.IS DECZARED THE MOTION CARRIED UNANIMOUSLYo . Ms, Martin questioned if there was room for the turning lane, if constructed, in front of the trailer businesse Mr. Boardman said yes, thexe ���� at least 45 feet from the fence to the d.riveway. Ms, Martin pointed out that the trucks using this dxiveway now fox Apache Trailer deliveries tur� by hei home on Stonybrook, back across East River Road and into the dr.ivewayo T`his WaS already a traffic hazaxd. She also stated the land in this area Wasvery wet and questioned the safeLy of putting gasoline storage tanks in the ground. ' Mr. Ricks said that W�Swhy concrete pods are required above the tanks to hold the tanks down. He said they have built in areas of high water table before and the one foot of conc�ete �+'asenough weight, thisW�is again State Fire Code. Ms. Martin expressed concern on Che safe�yo Children would be attempting to cross the road wliich wasdangerous, plus the additional sa:Eety problem of cars tiyin� to turn. Ms. Martin said you cannot understand how difficult it ,�r��� to d�ive this roa.d safely unless STau have lived an it. � Ms. 1�4a�tin questioned the proposed screening. gLANNING CONR�ISSION MEETING. SEPTII�ER 12. 1979 PAGE 8 Mr. Boardman said it would be relatively low. trees and hedges because of the power linea. He also pointed out the screening would be 65 feeC from the road- way surface, above the ditch and would not be a driving hazard. Ms. Martin said the late store hours, 11:00 P.M., was to late for a residential /�', area because of car related n�ise cause by the pumps. Debxis and lighting were additional concerns. '._ She concluded by saying she was very much against the development and felt they did not need another station service. Jim Black, 7824 Alden Way, spoke next. Mr. Black's largest concern was again safety. He felt any development that woixld increase the driving hazard should n ot be built. He drives this road daily and knows the hazards. Mro Black said the road speed���s not enforced dur.ing rush hours and he�.�s personally afraid of the traffic at that time. His other safety concern was for children attemptin g to cross East River Road to get to the store. He feared some child would get killed attempting to do so. � Mr. Bud Dziedzic, 161 Craigway, said this area had been discussed before for a possible car dealership and was discouraged then because of traffic safety. fIe felt there would be more cars coming and going from a�ood store then a car store. He �a.ted that during peak traffic hours, children are getting on and off buses and this development would cause additional hazards. He asked if there would be amusement machines for the kids in the stc,ze. Mr. Ricks said no. He asked about possible gas spillage. Mr. Ricks said with the advent of_�the automatic shut-off nozzles, spillage � very rare and sma11. He stated the tankers are so closely regulated by state laws that this was not a hazard. �..� Mx. Ma.xk Brenny, 260 Stonyb�ook Way, was concerned with the rain run-off. He said the Rice Creek Watershed system can handle a 1 inch rain, but what about a 2 or 3 inch rain. � Mr. Thomas Hayes, 170 Craigbrook Way, questioned not ox�ly txaffic safety, but the fire hazard that could be caused_by the pumps, He felt some input by the City Fixe personnel was needed. Mrs. Kate Kemper, 1758 Alden Way, said she could not express enough the hazards of driving on East River Road. • Mr. Lennie Samuelson, 7800 East River Road, wished to �oiapliment the petitioner on his pxoposed development. He said he ielt the area had no complaints against �he prope�c use of the zoning, meaning the convenience centex, but had one against the possible issuance of a Special Use Permit for gas pumps. He felt f�he use of these permits had been abused by the City and stations issued them. There�s� no follow up and many gas stations are now eye sores. Mary Martin asked even with all the safety features and state laws how do you lceep thaC one person from filling his tank up �ahen he has a lighted cigarette in his mouth. � Mr. Haxris a.sked the petitioner if he wished to comment on some of these questions. Mr. Johnson said he �aas aware the store, not the pumps only, would increase_traffi� i�t th is axea. Secondly he said children ' w'ere not encouraged -or "a�%bwed � to loiter . � ��N�TI�IG CO�IISSION MEETING, .�L'PTII�IBER 12 1979 PAGE 9 the storee They are treated as customers, buy their items and leave. He said some of the questions wi11 be answered when �they.c�me in for their building permit, but thought the gas pumps would be beneficial. He commented that fire hazaxds are extremely uncommon now and could not think of any he had heard of ,.� in the last 5 years. � Mr. Ricks commented again that there are no special attractions geared for children, they do n�t allow loitering, and children are treated as customers on1y. He said as far as the fire hazard p2�tainirig tb lit cigarettes,�this is why the consoles are operated from �aithin the store. Tf the store operator sees any hazardous activity at the pump he can shut down immediately until the hazard has been eliminated. MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to close the Public Hearing. UPON A VOICE VOTE, ALZ VOTING AYE, CHAIRMAN HARPIS DECL�IRED THE MOTION CARRIED UNANIMOIJSLY, PUBLIC HEARING CLOSED �,T 9:30 P.M. Mro Langenfeld said he had some couunents to make. The first being even with all the conti�ols, gas wi11 be spilled and it will go into the creek. Second he questioned the feasibilitp on the drainage statements. He wanted more proof that they would work. Thirdly he did question attractive nuisances, besides games, that would attract the children.-"He also said there could be various types of occupancies under this zoning. His last comment was whether or not there was a need for this type of occupancy. � Ms. Hughes ques�ioned if there would be room for a right-turn lane or wauld it interfe�e with 77th Avenueo n Mr. i3oardman said there was room, it would depend on how much.stacking room you requir�d. . Both Ms. Schnabel a.nd Mr. Treuenfels commented that all comments on this develop- ment had been negative and the neighborhood felt the need was not tAere �or it. Ms. Schnabel commen�ed that the neighb�rhood ha.s to,live with the tratfic problem and they felt this development would increase it. They also seem to ieel that they would not use the convenience store if built. Ms. Hughes pointed out that the peti�ionex is a.ssuming this will be a viable business venture, but with 2 major traffic barri.ers, East RivPr ltoad and the creeic, slie wond�rs if they have really studied the area to see if it will work. MOTION by Mse Schnabel, seconded by Mr. Langenfeld, to xeconunend to Council denial of the request for Special Use Permit, SP. ;�79�-11, By A11an M, Johnson, �.o allow the installation of self-service gasoline pumps in conjunci�ion with a new con- verucence centero Mr. Harris asked for specific denial reasons. P1s. Schnabel said �the main reason would be the txaffic hazaxd increase, in particular the trai'fic increase of 150.- 200 cars daily that wauld be using the gas pumps. P1r. Langenfeld concurred with �:hat but also added tha.t in a memo dated August 2, 1975,frnm the City Attorney a Special Use Yextnit mus� meet special condiiions and n s�andaa-ds. These bei.ng that it must protect the public's lzealth, sa�ety, con- venience and wel�are; it must avoid traffic conje�tion or hazards or other dangexs PI.ANNING COMMISSION MEETING. SEPT�1�'IBER 12. 1979 PAGE 10 and also promote conformity with use with other adjoining property and uses in the distirict as a whole. Mr. Langenfeld felt this permit did not conform to tl�se conditiors and that Was grounds for denial. Mr. Harris pointed out that the denial of the permit is to l�e based on the quesCion of gas pumps. He added safety problems with the gas trucks delivering . gas woulii be another reason for denial. . Mse Schnabel said point 3 was good since a specific delivery and maneuverability pla,n for gas delivery had not been shown. She also wanted to add the fourth • reason for denial. If there Wasn't a need�for additional pumps, and this was ,,, not proved otherwise by �he petitioner, the permit should be denied, Mr. Oquist asked if the permit was denied and a convenience food. stroe was built without pumps, could a right tum lane be required on the building permit. Mr, Boardman sain no. Mr. Oquist felt this would be a traffic hazard not caused by the gas pumps but the convenience center. Mx. Harris stated the four reasons for denial. 1. Traffic.safety due to increase traffic because of gas pump patronage. . 2. Incompatability with the neighborhood. " 3. Safety problems with the gas trucks delivery gas. 4o Naed,for additional gas.service in area was not proven. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HA�iRIS DECZARED TIiE MOTION CARRIED ^ UNANIMOUSI,Y. Mr. Harris informed �he petitioner this was only a recommendation to the Council,. and it goes befor�2 the Council on September 24, 1979. 3. VACATION UEST, SAV ��79-04, BY ALLAN M. JOHNSON, JIM MILLER REAL ESTATE: Vacate the 10 .foot easemenic on the Eas� side o£ Lot 2, Pearson's Second Addition and relocate on the East side of Outlot A. Pearson's Second Addition, genexally located at 7751 East River Road N.E. Mro Harris stated this was an informal Public Hearing. Mr. Boardman explained that the present easement for drainage and utilities located on Lot 2 would be vacated and rededicated along the eastern boardex of Outlot A. �� present there are no utilities there and it would be mainly used fox possible future access to these lots by the Cityo Ms. Schnabel asked if the 2 parcels were owned by �he same owner. Mr. Boardman said yes. , Ms, Schnabel asked if the property joining the new easement lines would have to hook up and follow these easemenis. Mr. Boaxdman stai:ed no, the main reason for the easements is to allow access to each property for sewer, water, etc., that is needed by that propertyo ^lhis pxoperty and the properi;y to the north already have their necessary sexvices � established. � _ � . . . � ` � .. � 1�' . � .. t � . � ' t PLANNING COMMISSION MEETING, SEPTEMBER 12, 1979 � PAGE 11 Mary Martin asked if the vacation goes through can •the lota be sold separately. Mre Boardman said we raould ask £or a re-dedication by the developer, the ease- � ment� would go back to their original position. � I MOTION by Ms. Schnabel, seconded by Mr. Treuenfels to recommend to Council approval of the V�cation Request SAV ��79-04, with the stipulation that if th.e lots were ever to be sold separately the easements would revert back to their pxesent location to a11ow service to both parcels, and re-dedication of the easement along the easterly line of Outlot A. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRM�,N HARItIS DECLARED THE MOTION CARRIED UIVANIMOUSLY . Chairman Harris declared a recess at 10:16 P.M. and reconvened the meeting at 10:33 P.M. 4. DISCUSSION OF THE FORMATION OF A PERMANIIVT ENERGY COMMISSIOIV Mra Boardman informed the commission that this item has been continued and they should decide what they want to do with it. Mr. Harris asked Mr, Langenfeld to give his thoughts on this subject because he chaired the original Energy Sub�co�ittee. Mr. Langen�eld said he would like to see a permanent co�nission establishedo. He said the purpose of the co�nission would be to work with the city staff or unit cooxdinator during the oncoming energy crisis and decisions. He stated he had � not talk recently to the other com�ittee members but they did want to stay together - and he felt their talents in this area should be utilized. Mr. Langenteld said he was pers�nally opposed to a continuation of a sub-colrnnittee or a citizen's committee. He said he w�uld not participate on a citizen's committee. Mx. Oquist asked if this co�nission would be a member of the Planning Connnission: Mre Langenfeld said if we follow the present ordinances it could hecome a member. Ms. Hughes pointed out that it could possibly be a member depending on what type of items are being discussed by the commission. • Mr. Langenfeld said he could possibly be a sort of a liaison person, so the commission would be properl5* represented. He felt with a connnissi�n the members would have more prestige, whereas a ci.tizen's committee might not give the commis- sion the atterition and momen�um it will require. Mr. Harris said he could see the advantage oi having a person on the Planning Commiss;on repxesenting 4:he energy questions. All sub-c�mmissians are concerned somehow with en�rgy. He suggested perhaps the Community Development Commission and EneZgy Commission could be incoapo�a�ed together. Mr. Langenfeld said he thought tl�e Energy Commisszon would have enough to do with- out Ueing a weight an a.nother commission� Als� the Community Development Commission deals with other questions besi.des energy. �� Mr, Harris said there are man � y p�oposals that an energy repiresent�tive could help «�_�l� if on tlie Pl�nning Commission. Such as transporiaeion, lighting on a new �'LANNING COMMISSION MEETING. SEPTEMBER'12. 1979 - �PAGE 12 development, the proposed changes in the zoning ordinances, or could have had input on -the Comprehensvie PLan. ; .. . Mr. Oquist asked if there was enoug'h work for an Energy Commission to do on a � monthly or yearly basis. Mr. Boardman said that depends on,how deep the City Council wants to go, meaning coicunitment of additional staff �ours. A c�mmission.is fine as far as making a recocr�►endation, bit the work and implementation of the recommendation ��s done hy the staff. The Energy Sub-co�nittee has already mentioned an energy city co- ordinator which means someone on staff was required to do the work. � Mx. Langenfeld stated someone on staff Was going to have to work on the energy problems anyway. and this would give it some coordination. Mr. Boardman said there are possible energy funding programs coming through by the federal govemment that the City would be able to compe�e for. He asked, do you want a c ocrm►ission to review these proposals or funds and how much of that would be done by the co�ission or the staff. fle said there would be a lot of work, coming out of the Planning Department, and he will not be doing any extra hiring to handle this e�ctra work load. Mr. Harris said someone will have to do this work. Energy is one of our most serious questions our country has and it should be addressed as soon as possible. Mr. Langenfeld said he fought very hard ge�ting•ti�e ;nvironmental Quality Commission orgaziized. He was ex-officio on that co�ission for over a year with the results bei.ng a complete reorganization of the commissiox► s►`.ructure. This was brought about through full citizen participation and felt the establishment of this ^ commission would be very beneficial to ihe City of Fridley. . Mx. Haxris aslced if ex-officio persons were allowed under the new structure. Mr. Boardman said it doesn't say yes or no. It could be written as the Planning Commission wants and the oxdinance changed. However, he�felt, if you have an ex-officio member why not have a full member instead. . Mso Hughes asked why the Environmental Quality Commission did not handle �his problem. . Mr, Boardman said this is a very specialized area and the peop�e involved are very specialized in that area. He said it w ould be a great loss to lose those persons by keeping it at a sub-committee statuso Some of the members are nation- wide lcnotan fo� theix knowledge in the energy field. Mr. Oquist said that loss could be . bad also if these people are noi: used groperly. Therefore they must have some sort of direction so they know why they are here and wlzat they can do. Mx. Boardman agreed with this, they will need some sort of a pr�gram and this co�nission should decide what that should be. rir. Harris thought i� would be beneficial to have an �nergy Commission in - operatioi��ahen trying to obtain some of the potentional iunds. It woul�l show that, w e have the personnel to utilize the grant monies efficiently. � 1�1 �� � PLANNING COMMISSION� M1:ETING PAGE 13 Mr. Boardman said yes that is true. He said if therewas any type of conrcnission or ci�izen group, we would be atiead. He staCed lie was in favor of this idea but wanted ta make sure the Energy Co�is?�ion had enough direction and area to operate in. He stated if the PLanning Commission wanted the staff could set up•a. separate section for the code which would be on the Energy Commission. They would layout the format, scope and membership breakdown, etc., draw up an ordinance�change and bring it back to the Planning Commission for approval. Mro Harris said the Planning Commission members should think of tlie direcCion, goals and objectives for this new commission. After they have finalized it, he would bring it to Council as a complete package. Mr. Boardman geminded the members to bring theix report by the Environment�l Project Committee to the ne�t meeting. 5. RECENE COMMUIVITY DEVELOPMENT COMMISSION MINUTES; AUGUST 14. 1979 MOTION by Mr. Oquist, seconded by Mr. Treueniels, to receive the Community Develop- ment Commission minutes of August 14, 1979. Mr. Oquist said they talked at the September 11, 1979, meeting again about the rental property question. He said it is going to take a long time to come to a decision on it and they have asked the City staff to contact Mro Herrick on the legalities of it. He said a decision through the courts may take 2 or 3 years. He also said they discussed alleys and took a tour of them last night. They were able to pinpoint which alleys should be vacated or not by the City and what type of direction to take on thise A decision should. be made a� �he next meeting. UPON A VOTCE VOTE, ALL VOTING AY�, CHAIRMAI�T HARi.tIS DECLARED THE MQTION CARRIED UNAI�TIMOUSLY o 6o REC�IV� PARKS & RFCREATTON COMMISSLON MINLJTESs AUGUST 15 1979 MOTIQN by Ms. Hughes, seconded by Mr. Treuenfels, t� receive the Parks and Re�- reai:ion Commission minutes of August 15, 1979. . � Ms. Hughes said they will be starting discussionsregarding goals, ideas, etc, mainly for the benefits of the new members. She said they will be setting up some joint meetings wi�h the �ia�an Resource axid En�rironmental Quality Commissionso UPON A VOICE VOTE, AZL' VOTING AYE, CHAIP.I�ZAN H�iIZRIS DECLAREn THE MOTION CARRIED UNANIMOUSLYo la RECEIVF AEPEALS COMMTSSION MZI�IUUTES: AUGUST 210 1979 MOTION by Mso SchnabeZ, seconded by Mr. LangenEeld to receive the Appeals Commission minu�es of August 21, 1979. UPON A VOLC� VOTE, ALL VOTTNG AYE, CIi.�IRMf1N HARP.IS DECLARED TIiE MOTTON CAI'.RIED UNANIPIOUSLY , 8. CONTINU�D : PP..OPOSF.D CT�L�]GI;S TO CTi�PTER 205 e ZOI��NG MO'lION l�y Mra Treuenfels, secc�nded by Mra Oquist to continue this i�em �.intil 1.h4 nextc meeLing. � PLANNING COMMISSION MELTINGy SEPT�MBER 12, 1979• PAGE 14 UPON A VOICE VOTE, ALL VOTING AYE, CHATRMAN HAItitIS DECLARED THE MOTION CARRIED UNANIMpUSLY. 9. OTHER BUSINESS• Mr. Oquist said the Community Development Co�ission had received a petition for a requesC by Glencoe Street residents to install a cul-de-sac on the end of their street. This petition had been received by the�Council and passed on to them. The purpose of the petition e�as �o stop thru traffic going to the store at the corner of East River Road and Glencoe Stxeet, plus possible crime situations. He said they also received 2 counter petitions from the neighboring streets, stating it would increase traffic on their streets. He said since the petition came directly from Council, what course of action should they �ake. " Mr. Harris said the Planning Commission will review their�recouanendation and it should follow normal channels. Mr. Harris said he had passed out a letter to each member from the Government Training Center for a seminar on energy. Anyone from the Planning Co�►ission or sub-commissions could attend and the tab will be paid"�or by "the City. MOTION by Ms, Hughes, seconded by Mr. TrEUenfels to allow co�nission memUers to attend the seminar with the expense being paid by the City of Fridley. I�. Harris asked iE anyone wished to attend they should le�t Mr. Boardman knoca in �he morning. �, l� iJPON A VOTCE VOTE, ALL VOTING AYE, CHAIRMAN HAIZRTS DECT�,RED THE MOTION CARR.IED -' UNL�TIMOUSLY o � Mx. Oquist asked that �he memorandum fxom Virgil Herrick, dated August 2, 1979, regar= di�ig the difference between granting a.Special Use Permit, variance or xe-zoning be placed on tlie next agenda. Mr, Boardman said he had a memorandum fram the Ci_ty Manager to the Human Resource Commission. This is a request for the commission to establish priorities when obtaining funds and how they should be used. MOTION by Mx. Treuenfels, secoaded by Mro Oquist, tio receive the memoxandum from �he City Manager to the Human Resourca Commission. Mr. Treuenfels said the Human Resource Commission did not meet last. time and therefore was unable to discuss ie, but wiZl do so a�. their next mee�ing. Mr. iiarris asked to have the Human P.esouxce Commission discuss it first befo�e the Planning Commission acted on ito UPON A VOICE VOTE, ALL VOTING AYE, CH.AIFNILiN H1�.P.IS D�CLARED T;�E MOTION CL�,RRIED UN�NI1�10US LY . � � � PLANNING COMMISSION MEETING. SEPTENIBER 12. 1979 ' PAGE 15 2�r. Boar�nan also passed out a notice of a Public Hearing beFore the Blaine Planning and Zoniug Commission. ��,MOTION by Mr. Langenfeld, seconded by Mso Hughes, t�o receive and discuss the notice of a Public Hearing beiore the Blaine Planning and Zoning Comm'�ssione UPON A VOICE VOTE, ALL VOTING AYE, CHAIRML�N HA�.tRIS DECL..ARED THE MOTION CARItIED UIQANIMOUSLY. ' � • Mar. Boardman explained the area of discussion was located on Highway 47 and 85th Avenue. He said they were concexned with the drainage of this development because it will drain into Spring Brook. Coon Rapids has pxomised ponding when they develop, this area and it is hoped Blaine will do the same. He said the staff caill keep an eye on it and re- port to the Planning Commission. M7:. Boardman also reported that they had received contracts from HUD on their Large Family Housing Pxogram. They went before Council an Monday with a resolution to a11ow the establishment of contracts between HiJD and the City of Fridley. It is a$120,000 grant available to families of 5 members or mareo He said the monies will be used to buy and repair 2 structures and build 5 new structuxes. These axe individual homes and not townhouses. "� � � 10, RECENE ENVIROTTMENTAL QUL�LITS.' COMMTSSION MINUTES : AUGUST 21, 1979 MOTION by Mr. Langen�'eld, seconded by Ms. Schnabel, to recaive the Envixonmental Quality Commission minutes �f August 21, 1979. � Mro Lan.genfels wanied to goint out the moti.on on page 2 regarding receiving information on the relocation of Iii_ghway l0o T3e a.lso poin�ed out che discussion ox� page 3 regard.ing tha North Managemen� Comniittee. �ie said they did� not have �enough informa�iion:at pres- ent to call a Public Heaxing. Mr. Boardman saicl someone from staff will be attending these meetings and receiving all documents on it. JL'ON A VOLCE VOT�, ALL VOTING AY�, C�IAIRP�IN HARRIS DECLARED THE MOTION CE�RRI�D U.�ttANIMCIUSLY . . ADJOIJIZNNICNT MOTTON by l�iro Treuenfel.s, seconded by Mr. Oquist to adjourn the September 12, 1979, meeting of the Planning Commission. UPON A. VOICE VOTE, ALL VOT�NG AYE, CIiAIIZ�i'1AN IiAitRTS DECItARES THE MEETING ADJOtTRNED AT 11:59 PoMo Res�ectfully submi.ttecl, S � � lp ,� . , � � � f . E F J' + '� �� � t r�., f-� �"7 ..,� _ I'aula Lonf;, hecol-cii.n�,i5ecretary Attachment to Planning Commission Minutes of September 12, 1979 Page 16 City of Fridley Planning Commission September 11, 1979 Fridley City Hall 6431 University Avenue N.E. • . Minneapolis, MN 55432 ` � Gentlemen: In regard to the request for a Special Use Permit, S.P. #79-11, by Allen M. Johnson to allow the installation of self-service gasoline pumps at 7751 East River Road N.E. in Fridley, Minnesota, we wish to state that we are very much opposed to the issuance of a permit for this purpose. The traffic situation along this area of Eas� River Road is already at a dangerous level and continuing to get worse because of the development of the area east of East River Road and no access across the BN tracks except at 77th Way N.E. This causes much deiay and lane switching because of people turning into 77th from East River Road. A convenience stare will generate more of the same only a 150 yards north • of 77th and the addition of gas pumps will make the traffic situation impossible. We.would also comment that even a convenience stor•e is a very poor choice � for this location as there is no pedestrian crossing (with a light) north of Osborne Road and the store will create an attractive nuisance for children �,.� living west of East River Road. These children will C� trying to cross this road in a very conges�ted and dangerous area. We are �vriting this letter because we must be out of �own on the date of the hearing but want our protest known. Yours truly, � y .�! .� �! � � � �A�,, ���, � � � r.�:s�l� e- ,� � ,� � �� � Lloyd E. and Mildred Jo Myers, r. 132 Sfi.or�ybrook Way N.E. Fridley, Minnesota LEM:am , �"� .. �-'"� �. Attachment to Planning Commission Minutes of September 12, 1979 I�'0'I'1 �,']; Ol� PUI;LIC 11]:�1RING � I?i;PORI: 'I'lll: Y,J.:'�I\1: P1,A1\'ING � � A'�D 'LO�I:�G C0;•�;4ISSION Page 17 }'Li:?�SI: T/�K1: :�0'fTCL-' that thc Pl.anni�l� and Zon�.�i� Cc�1,1�;�issi.on of the City of $laine, ��:i�lnc�o�a ����ill l�eld a ptibli_c i�earir�g on the fO110W111� appli r.ation: . � � � • CASr: �PPLIC:I�T: LOCATION: PETTTION: 79-59 - St�hc�i.vision B.?�T. L. Dcveloj�ment Corporation by i:en Lielson SSth AventYe and T.H. 47 The �.pplzcant i,ri�hes to stibdi��ide 6.27 acres "inta 4 Zot's ini.ended £or develol ment of retail trade��er�Tice bitsinesses. 'The present �OI11]la of the parcel is B-3 (General Business); no change - in zoning is requested. _ TI�E SUBJI�CT Pr'1RCEL 1S ?�jORL'- F'AFTICUL!�}ZT�1' DESC,ZIHI:D AS: Tha� part of Seci.ion 31, Tot.nship 31, Range 23, Anoka County, Minneso'ta lying �ti�estexly of the :�esterly right-of=i�ay line of S�at� Highl�ay I�?a. 47 and \artherl�• of the �'ortherly xigh�- of i,ay line af SSth Ati�enue. H�ARI;�G DATE � TIA9E: 0 Said hearing will take place on t:'e�nesday, Sen'L.eml»r I2, 1�7Q, at the B•laine City I�al1 Council Cl:aribers, located a� 915U Ceni:ral Avenue J�. �. , Blaine, Aiinnesot3 at S: 00 p.m. All interested persons are invit.ed �o att�nd and be 1_eard. Persons tiho mav have C1l1CSt10I1S ma�r call D�partment of Community Develapment, City of �laine 784-6700e Jo?'ceTti��istol, City Clerk Dated: I�ugzist 2S, 1979 Publ�.shed in the rlaine-Spring Lake Park "Life" - 1lugust 31, 1979 � r