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PL 11/17/1982 - 30585�� ,� CITY OF FRIDLEY PLANNING COMMISSION MEETING, NOVEMBER 17, 1982 CALL �0 ORDER: ` Chairwoman Schnabel called the November 17, 1982, Planning Conmission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist, Mr. Svanda, Mr. Kondrick, Ms. van Dan, Mr. Saba (arr. 9:24 p.m.) Members Absent: Ms. Gabel Others Present: Bill Deblon, Associate Planner Mark Dooley, 7501 Highway 65, N.E. - Viking Chevrolet Tom Flaherty, 1201 - 732 Ave. N.E. Don Chies, 4020 Tyler St. N.E, Carl Olson, 7900 Beech St. N.E. - Park Construction Dick Carlson, 7900 Beech St. N.E. - Park Construction APPROVAL OF OCTOBER 27, 1982, PLANNING COMMISSION MINUTES: MOTION BY MR. OQUIST� SECONDED BY MR. KONDRICK, TO APPROVE THE OCTOBER 27� 1982� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCNNABEL DECLARED TXE MOTION CARRIED UNANZMOUSLY. 1. CONTINUED: PUBLIC HEARING: SPECIAL USE PERMIT SP #82-10, BY VIKING 0 ET: Per Sect�on 0. ,,� to a ow t e storage of new ve icles on a�jacent property, Strike-Anderson, described as Parcel 2700 in the North 1/2 of Section 12, the same being 7585 Viron Road N.E. (Viking Chevrolet, 7501 Viron Road N.E.) MOTION BY MS. VAN DAN� SECONDED BY MR. SVANDA� TO OPEN THE PUBLIC HEARING ON SP �82-10 BY VIKING CXEVROLET. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC XEARING OPEN AT 7:36 P.M. Mr. Deblon stated there is a 10 ft, strip of land located between the two properties--Strite-Anderson and Viking Chevrolet. That strip of land went tax forfeit. The special use permit request technica]ly inc]udes that 10 ft, of land. He stated a�l the City can do is allow the permit for everything but that 10 ft. strip of land, because it has gone tax forfeit and wi71 be up for auction in late 1982 or early 1983. It is logical that either Viking Chevrolet ^ or Strite-Anderson will probably purchase that strip, but the permit cannot include that 10 ft. PLANNING CONB�IISSION MEETING, NOVEMBER 17, 1982 PAGE 2 Mr. Mark Dooiey was in the audience representing Viking Chevrolet. He stated he was sure that either Strite-Anderson or Viking Chevrolet would-purchase that i�and or at least pay the back taxes. He stated he had told Mr. Deblon that Viking Chevro7et would be willing to rope off that 10 ft. strip if that was the desire of the Planning Cormiission and City Council. Ms. Schnabel stated she would recommend that Mr. Doolety consult with his attor- ney on what the legal ramifications are of encroaching on the property. She asked how long the lease was with Strite-Anderson. Mr. Doolety stated it was a month-to-month lease with a 30-day notice �o either party. Ms. Schnabe] stated the Planning Commission had received copies of additiona] letters concerning landscaping and signage. Mr. Deblon stated there were some uncompleted items from an ear]ier trailer license, and Staff would like to obtain some additional ornamental-type land- scaping to soften the facade of the b�acktop, concrete, and cars. Ms. Schnabel asked if that was the responsibility of the ]easee or the leasor. Mr. Deblon stated the responsibility would ultimately fall on the leasor because Viking Chevrolet is displaying the merchandise. He stated there are past develop-�`'� ments that were not built the way the City would like to see them now, because � the code was updated in 1973. So, when they get opportunities like this to bring things up to code, they like to take those opportunities. Mr. Doolety stated he would be very candid with the Commissior members. He stated if they were talking about landscaping that would run $200-300, Viking would be glad to do that, but if the City is talking about something much more exteasive, Viking would not be willing to do that, because of the type of lease they have. Mr. Svanda stated he had a problem with asking Viking Chevrolet to put in $500 worth of landscaping for sometMi�g that could last only 30 days. He could appreciate what the City is trying to accomplish, but he couldn't go along with it. Mr. Deblon stated there is the possibility of working out some type of cost- sharing arrangement with Strite-AndersoA. He stated there was a stipulation on the trailer license that was granted to Viking in May 1982 that additional screen- ing and landscaping be used a]ong the west and south boulevards as worked out with City Staff. According to the information he had, this has not been done. Ms. Schnabe] suggested Staff reassess what the situation really is and work this out directly with Viking Chevrolet. Mr. Dooley stated the�area is really more of a displ.ay area for their recreational .vehicles. Any sales would take p]ace at Viking Chevrolet. They ,� just need the extra space for this display, and they have no plans to put any type of building on the property. � -'� PLANNING COMMISSION MEE7ING; NOVEMBER 17, 1982 PAGE 3 MOTION BY MR. OQUIST� SECONDED BY MR. KONDRICK, TO CLOSE TXE PUBLIC HEARING ON SP �82-1(J BY VIKING CHEVROLET. " UPON A VDICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED Z'HE PUBLIC HEARING CLOSED AT 7:54 P.M. Mr. Oquist stated that since the special use permit is granted for the property, he felt they should specify in the motion that when the lease between Viking and Strite-Anderson terminates, the special use permit would also terminate. He stated he could also understand what Mr. Deblon was saying about getting some lands�aping in this area, but 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. KONDRIQC� TO RECOMMEND TD CITY COIINCIL APPROVAL OF SPECIAL USE PERMIT, SP #82-10� BY VIKING CHEVROLET, PER SECTION 205.101� TO ALLOW TNE STORAGE OF NEW VEHICLES ON ADJACENT PROPERTY� STRITE- ANDERSON� DESCRIBED AS PARCEL 2700 IN THE NORTN 1/2 OF SECTIOIV 12� THE SAME BEING 7585 VIRON ROAD N.E., (VIKING CXEVROLET, 7501 VIRON ROAD N.E.), WITH THE STIPULATION THAT THE SPECIAL USE PERMIT WILL EXPIRE WHEN TXE LEASE BETWEEN VIICING CHEVROLET AND STRITE-ANDERSON IS TERMIAATED. ,r� UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLA.RED 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 J ZIC: Per Section 05. ., 8, to a ow a �un yar on ots , 7. ana'$;�fock 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 TXE PUBLIC HEARING ON SP �82-1Z, CENTRAL AUTO PARTS, BY JOH111 BUZIC. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:58 P.M. Mr. Deblon stated the location of this property is just north of 73rd Ave, to the south of 13z Ave., and just to the r�est of T.H. 65. Mr. Tom Flaherty, representing Central Auto Parts, stated he was in the process of trying to purchase the property. He stated the property is not used as a "junk yard". They use the property to park their over-the-road tr�cks 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. n 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 8. The property was auctioned and bought by PLANNING COMMISSION MEETING, NOVEMBER 11� 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 bui7ding at 1201 - 73? 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 specia] use permit by the Planning Commission and City Council. Mr. Flaherty stated he plans to work with Staff on landscaping. He plans to ]and- scape the boulevards, put in screening, a new fence, a ro7ling gate, driveway, and curbing in order to bring the property up to code. The property is in need of� sorne attention. He stated they will continue to use the property for the storage and parking of their over-the-road trucks and service iheir equipment in the building. Mr. Oquist stated he questioned the need to grant a specia] 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 specia] 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 �"� PLANNING C4MMISSION 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 tfie maintenance and storage of his business vehicles. Mr. Kondrick also agreed. Mr. Deblon stated that right now this 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 approva] of this request, they should request Staff to provide for City Council an answer to the question of why a special use permit is real]y needed. MOTION BY MR. KOINDRICK� SECONDED BY MS. VAN DAN� TO CLOSE TXE PUBLIC XEARING ON SP ,#82-11, CENTRAL AUTO PARTS, BY JOXN BUZIC. UPON A VOICE VOTE� ALL VOTING AYE� CNAIRWOMAN SCXNABEL DECLARED THE PUBLIC XEARING CLOSED AT 8:29 P.M. MOTION BY MR. KONDRIQC� SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT� SP �82-11, CENTRAL AUTO PA.RTS� BY JOHN BUZIC� PER SECTION 205.131, 3, 8, TO ALLOW A JUNK YARD ON LOTS 6� 7, AND 8, BLOCK 2, � CENTRAL VIEW MANOR� TFIE SAME BEING 1136 72 1/2 AVENUE N.E.� WITH THE STIPULATION THAT ALL OF THE OUTu�'IDE IMPROVEMENTS BE PART OF THE SPECIAL USE PERMIT AND TFIAT TXE OWNER OF THE PROPERTY BE NOTIFIED OF WHAT THOSE IMPROVEMENTS MUST BE. THE PLANNING COMMISSIDN ALSO REQUESTS CITY STAFF TO PROVIDE INFORMATION TO TNE CITY COUNCIL ON WHY A SPECIAL USE PERMIT IS NEEDED IN THIS CASE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCXNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated the City Council would set the public hearing date for this item at their Dec. 6th meeting. 3. PUBLIC HEARING: SPECIAL USE PERMIT, SP #82-12, PARK CONSTRUCTION COMPANY, C RL 0 SON: Per Sect�on 2. ,, i of t e fri ey C�ty Co e, to a�1 ow t e set up of a crusher to reclaim concrete, to be located on Parcel 7200, Section 3, bounded by 81st Avenue and Beech Street, al7 part of 7900 Beech Street N.E. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRIQC� TD OPEA THE PUBLIC HEARING ON SP #82-12� PARK CONSTRUCTION COMPANY, BY CARL OLSON. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRWOMAN SQYNABEL DECLARED THE PUBLIC XEARING OPEN AT 8:36 P.�. Mr. Deblon stated Mr. Dick Carlson 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. Wfien 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 ful] 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. r"� 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 Tast 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 cor�plaints, 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 wouid 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 with the different types of material. a problem. dust, but the amount of dust varies He stated he did not feel dust would be 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. - � PLANNING COMMISSiON MEETING, NOVEMBER 17, 1982 PAGE 7 MOTION BY MR: OQUIST� SECONDED BY MR. KONDBICK� TO CLOSE THE PUBLIC XEARING ON SP �182-12, PARK CONSTRUCTION COMPANY� BY CARL OISON. -- UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED TRE PUBLIC XEARING CLOSED AT 9:17 P.M. Ms. van Dan stated she had no problems with this special use permit request. She thought Park Construction had a good track record with the City in attempt- ing to meet all city codes and standards. MOTION BY MS. VAN DAN� SECONPED BY MR. SVAN.DA� TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT� SP �82-12� PARK CONSTRUCTION COMPANY BY CARL OLSON, PER SECTION 205.131, B, (i), OF TXE FRIDLEY CITY OODE, TO ALLOW THE SET UP OF A CRUSHER TO RECLAIM CONCRETE, TO BE LCOATED ON PARCEL 7200, SECTION 3� BOUNDED BY 81ST AVENUE AND BEECH STREET� ALL PART OF 7900 BEECH STREET N:E. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTIOAI CAIiRIED UNANIMDUSLY. Ms. Schnabel stated the City Council would set the public hearing date for this item at their Dec. 6 meeting. � 4. RECEIVE OCTOBER 19. 1982, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. OpUIST� SECONDED BY MR. SVANDA� TO RECEITlE THE OCT. 19� 1982� XOUSING & REDEVELOPMENT AUTNORITY MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CNAIRWOMAN SCHNABEL DECLARED TXE MOTION CA.RRIED UNANIMOUSLY. 5. RECEIVE OCTOBER 25, 1982, PARKS & RECREATION COMMISSION MINUTES: MOTION BY MR. KONDRIQC, SECONDED BY MS. VAN DAN� TO RECEIVE TXE OCT. 25, 1982, PARICS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kondrick stated that on page 3 of the minutes, the Parks & Recreation Cormission made a motion recommending to City Council that Jay Park be added to the approved general ice skating areas for the 1983-84 season. He stated this came as a result of a petition from the neighborhood. He stated it was nice to see so many people interested in their park, and the Comnission felt there was enough children in this area to justify an ice skating rink. He stated he would like the Planning Commission to concur with this motion. MOTION BY MR. KONDRICIC, SECONDED BY MR. OQUIST, TO CONCUR WITH TXE PA.RKS & /'� RECREATION COMMISSION AND RECOMMEND TO CITY COUNCIL THAT JAY PARK BE ADDED TD _ TXE APPROVED GENERAL ICE SKATING AREAS FOR THE 1983-84 SEASON. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. � PLANNING COMMISSION MEETING, NOVEMBER 11, 1982 PAGE 8 6. RECEIVE OCTOBER 26, 1982, ENERGY COMMISSION MINUTES: �" t10TION BY MR. KONDRICK, SECONDED BY MS. YAN DAN, TO RECEIVE T7iE OCT. 26, 1982, ENERGY G1�M1►lISSION 1�lINUTES. Mr. Deblon stated the City Council, at their Nov. 8th meeting, approved the two- way stop sign request at 45th & 2� St. At their Oct. 26th meeting, the Energy Comnission had recommended the City remove the obstructed view through trimning and that the City of Columbia Heights replace its stop sign with a yield sign to be consistent with traffic control in that area� Mr. Deblon explained that the obstruction was caused by a large mugo pine that� could not be trimmed back, and still looked good. The tree is actually more shrub-like than a tree. Mr. Oquist stated he thought it was part of the ordinance that the boulevard areas within 30 ft. of the street have to be free of trees or vegetation that would cause obstructed visibility. He thought the City should really enforce that ordinance. He stated these two stop signs are not gning to solve the problem. That tree should be cut down because it was illegally planted, and is a traffic hazard. The City has a tendency to ignore an ordinance that was put there to protect the citizens of Fridley. Why have an ordinance if they ^ aren't going to enforce it? If a tree is causing a traffic hazard� the City should enforce the ordinance and cut down the tree. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCXNABEL DECLARED THE 1�lOTION CAItRIED UNANIMDUSLY. 7. RECE,IVE NOVEMBER 5, 1982� HUMA�J RESOURCES COMMISSION MINUTES: MOTION BY MS. VAN DAN, SECONDED BY 1NR. KONDRIQC TO RECEIVE TNE NOV. 5, 1982, IiUMAN RESDURCES COMI�lISSZON MZNUTES. Ms. van Dan stated that on Nov. 8. the City Council did approve the establish- ing of a No-Fault Grievance Procedure Committee. UPON A VDICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED THE MOTION CARRIBD UNANIMOUSLY. ADJOURNMENT: JIlOTION BY 1NR. KONL�RICK, SECONDED BY MS. VAN DAN, TO ADJOURN T1YE 1►JEETING. UPON A VOICE VOTE, ALL VOTING AYE� CAAIRW01�tAN SCXNABEL DECLARED TXE NOV. 17, 1982, PLANNING COMMISSION MEETING AATDURNED AT 9:50 P.M. ResaQ tfully submit ed, �� ynn a a Recording Secretary n