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PL 03/20/1974 - 7484�1 A"G E N D A PLANNING COMMISSION MEETING MARCH 20, 1974 CALL TO ORDER: ' ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: MARCH 6, 1974 RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: FEBRUARY 28, 1974 RECEIVE PARKS & RECREATION CGMMISSION MINUTES: MARCH 4, 1974 RECEIVE BOARD DF APPEALS SUBCOMMITTEE MINUTES: MARCH 13, 1974 8:00 P.M. PAGES 1 - 14 15 - 16 17 - 21 . 22 - 25 � � 1. PUBLIC HEARING: REQUEST FOR:A SPECIAL USE PERMIT, 26 - 32 � SP #74-02, DAVID COPPERNOLL: Per Fridley City Code, Section 205.0.51, 2, A, to construct a second accessory building, a metal shed to be used for storage at 1328 66th Avenue N.E. 2. PUBLIC HEARING: TREE ORDINANCE -$:30 P.M. 33 �! Ordinance No. 481, Relating to the Control and 34 - 37 P.revention of Tree Diseases. , / � i City of Edina, Ordinance No. 823, An Ordinance 38 - 40 � ,, . Regulating the Removal of Trees Within the City and Providing a Penalty. � �� n. / � .. � , � ,�A1 � � ��,,� �,. � �✓�' - ,� �I � �. , �� \ �� ,� ��, � � CITY OF FRIDLEY PLANNING COMMISSION MEETING MARCH 6, 1974 CALL TO ORDER: PAGE 1 Chairman Fitzpatrick called the meeting to order at 8:10 P.M. ROLL CALL: �Members Present: Members Absent: Others Present: Fitzpatrick, Lindblad, Harris, Drigans Blair Darrel Clark, Community Development Adm. APPROVE PLANNING COMMISSION MINUTES: FEBRUARY 20, 1974 . MOTION by Drigans, seconded by Lindblad, that the Planning • C.ommission approve the minutes of the February 20, 1974 meeting as written. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE � MINUTES: FEBRUARY 20, 1974 . MOTION by Harris, seconded by LindbZad, that the Planning Commission receive the minutes of the Plats & Subdivisions-5treets & UtiZities Subcomrnittee of February 20, 1974. Upon a voice vote, a1I voting aye, the motion carried unanimously. F�ECEIVE BUILDING STt�NDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: FEBRUARY 21, 1974 MOTION by Lindblad, seconded by Harris, that the Planning Commission�receive the minutes of the Building Standards-Design Control Subcommittee meeting of February 21, 1974. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Lindblad said a problem arose at the last meeting of this Subcommittee where a lending ac�ency asked for more parking than the eode requires, and he wondered how much such a lending agency should dictate to the City. Where would you draw the line? Chairman Fitzpatrick said they could discuss this latex in the meeting. 1. ��NTINUED: PUBLIC HEARING: REZONING REQUEST, ZOA #74-02, ^ BERKELEY PUMP COMPANY: To rezone Lots 1 and 2, Block 13, _ Spring Brook Park Addition, from R-1 (single family dwelling areas) to M-1 (light industrialareas) to make zoning consistant with property lines at 181 Ely Street N.E. Public Hearing open. � Planning Commission Meeting - March 6, 1974 Page 2 ^ Mr. Clark said this item will have to be continued until April � 17, 1974 because the petitioner doesn't have his plan ready yet for the Building Standards-Design Control Subcommittee. He said he thought the adjacent property owners should be renotified because the original hearing date was February 6, 1974. Mr. Lindblad asked if the petitioner was still asking for rezoning or was going along with a Special Use Permit. Mr. Clark said he didn't think the petitioner had received an answer from the home office in California. MOTION by Drigans, seconded by Harris, that the Planning Commission continute the rezoning request, ZOA #74-02, Berkele� Pump Company, to xezone Lots 1 and 2, Block 13, Spring Brook Park Addition, from R-1 (single family dwel.Zing areas) to M-1 (light industrial areas) to make zoning consistant with property lines at 181 EZy Street:N.E., until Apri1 17, I974, with the request that the adjacent property owners be renotified of this continuance. Upon a voice vote, a11 voting aye, the motion carried unanimously. 2. PUBLIC HEARING: REQUEST FOR A 5PECIAL USE PERMIT, SP #74-01, BY G.. RALPH SKINNER: Per Fridley City Code, Section 205.'051, 2, A, to construct a second accessory building, a shed to be used for storage, on Lots 20 and 21, Auditor's Subdivision No. 22, the same being 6217 Central Avenue N.E. � � Mr. G. Ral.ph Skinner was present. MOTION by Drigans, seconded by Lindblad, that the Planning Commission waive the reading of the Public Hearing notice on the request for a Special Use Permit, SP #74-01., by G. Ra1ph Skinner. Upon a voice vote, a11 voting aye, the motion carried unanimously. Mr. Skinner said this accessory building will be used as a storage shed. It is 12 feet by 20 feet and is at the rear of my house and is not visible from the street. It will help me to keep my glace a little neater. Mr. Drigans asked Mr. Skinner to describe the building. Mr. Skinner said.it was a frame building with a metal exterior of white baked-on enamel. It has one service door and a type of overhead door that opens to the North. • Mr. Drigans said this should not be used for the storage of vehicles. Mr. Skinner said it was not designed for that use. Mr. Fitzpatrick asked where this was positib.ned on the lot. Mr. Clark said it was about 10 feet from the South property line and about 300 feet from the back property line. This lot is 578 feet long. �. Chairman Fitzpatrick asked Mr. Skinner when he already has'a four car garage why he needs additional storage space. Mr. Skinner said he owns two cars and. two trucks. f Planning Commission Meeting - March 6, 1974 Page 3 ^ Mr. Thomas Brickner, 6245 Ben More Drive, said his property is back to back with Mr. Skinner's lot and said when he r_,ot notice of this hearing he couldn't see why Mr. Skinner needed more storage space when he had a four car garage either. He didn't want this shed used for anything of a commercial nature. � Mr. Skinner said this building would be used for storing personal items, not for storing business equipment. Mr. Clark said this building is already up, and Mr. Skinner was requested to petition for a Special Use Permit and a building permit. Mr. Brickner said he lives on Ben More Drive and there is a temporary cul-de-sac there now. He was wondering if this street went through if they would need any of Mr. Skinner's property fo� additional right of way. Mr. Clark said that according to the street layout plan, if this street was extended, it would go along the East line and then along the South side of Mr. Skinner's property. Mr. Harris asked Mr. Skinner if this building has a concrete floor. Mr. Skinner said it has no floor. It is on three large woQden skids. Mr. Clark said this building will have to meet the code when the building permit is taken out. Mr. Harris said it will have to be on something besides skids. Mr. Clark said to have a concrete Use Permit, you can that for this type af occupancy, it doesn't have floor, but because this request is for a Special make that a stipulation if that's what you want. Mr. Lindblad said the Planning Commission discussed this before, and he thought the code was going to be changed so that sheds would have to have a permanent foundation. Mr. Clark said they have some other revisions they were working on for the code, and all.these changes would be xequested at t�e same time. The Planning Commis��on would get these revisions. Mr. Harris asked the petitioner if there would be any utilities in this shed. Mr. Skinner said there would be no utilities. Mr. �kinner said he wanted a solid floor foundation on this shed also, bu� because he knew he needed a Special Use Permit and building permit, he thought if either of these were denied for any reason, if he kept the building on skids, he could sell it and haul it away with a truck. . Mr. Fitzpatrick said he has a coupl•e of thoughts on this request. He said with all the storage on the property now, he was not convinced ^� �this shed was needed, but if it is already there and the neighbors were not aware of it, then there can't be too much objection to it. f ^ . Planning Commission Meeting - March 6, 1974 Page 4 Mr. Brickner said he wasn't aware the building was already there. This is a heavily wooded lot and if the building looked good and was used strictly for storage, he had no objection. MOTION by Harris, seconded by Drigans, that the Planning Comm�ssion cZose the Public Hearing on the request for a Special Use Permit, SP #74-01, by G. Ralph Skinner. Upon a voice vote, all voting aye, the motion carried unanimovsly. MOTION by Drigans, seconded b� Lindblad, that. fhe Planning Commissi recommend to Council approval of the request for a Special Use Permit, SP #74-01, by G. RaZph Skinner, per Fridley City Code, Section 205.051, 2, A, to construct a second accessory building, a shed to be used for storage, on Lots 20 and 21, Auditor's Subdivision No. 22, the same being 6217 Central Avenue N.E., with the following stipulations: (I) No business be conducted on this property. (2) A permanent foundation be attached to this building, Iocated in the approximate area. as shown on the plat map submitted by the petitioner. (3) Before this building is permanently located, the petitioner check with the Engineering Department on the established road � patterns for this area. Mr. Harris said we were a�ain approving something after the fact. Chairman Fitzpatrick said he felt this way too, but because it was such a large lot, there wasn't much ta object to. Mr. Harris said he has no real objection to this special use being granted, but it was still after the fact.. Mr. Skinner said that it wasn't his intention to appear to go over the authority of the Council. He said that before he bought any . material for this shed last October, he had checked with a girl in the office and she told him he needed a Special Use Permit and building permit, but the Planning Commission.wasn't meeting until March. He said he wanted to have this building started before the weather got bad, so that was why he had it on skids. If he didn't get approval he could put it up for sale and move it. This building wasn't built to force approval from anyone fram the City. He said the Building Inspector, Clarence Belisle had been out two or three time on this building. He said he has updated his home and built the garage, going through all the proper channels and building it to code, why would he try to flaunt the proper procedures for a small shed? He didn't want anyone to think that because this shed was already built, that ^ he was trying to use any kind of lever on the City. 4 Mr. Clark said this building was up at least by January 4, 1974 when Mr. Belisle went out and looked at it. Mr. Fitzpatrick said that the Planning Commission wasn't implying that Mr. Skinner's intention was to present an accamplished fact. I Planning Commission Meeting - March 6, 1974 Page 5 � do think there was a misunderstanding, but regardless of �r. Skinner's intention, the results are the same. UPON A VOICE VOTE, a1Z voting aye, the motion carried unanimously. 3. REQUEST FOR A LOT SPLIT, L.S. #74-02, BERNARD URBICK: Split Lot 39, Auditor's Subdivision No. 92, into four building sites, located at 58th and Arthur Street N.E. Mr. Ken Sjodin, Mr. Urbick's realtor, was present to represent the petitioner. � Mr: Clark said this request had been before the Plats & Subdivisions Streets & Utilities Subcommittee briefly, af ter their last meeting, and they agreed to the concept, but there was no agreement on whether this shQuld be handled as a 1ot split or a plat. Mr. Clark continued that it has also gone to the Parks & Recreation Commission on March 4th in regard to the purchase of the most Southerly lot that is adjacent to a park. This is an 86 foot lot and the Commission would like between 86 to 90 feet to add to our present park property. The A-Frame the City has acquired is just South of this lot next to a pond. With the acquisition of this land, it will make it possible to have a walking path all around the pond, which will be improved. /� We met with Mr. Urbick and his real estate man today to talk about negotiating for the land. We have a basis for placing a valuation on the land and although it is not clearly defined, it will cost the Eark Department somewhere between $1500 and $2,000 for about a 90 foat lot. We arrived at this figure by using the front footage value the real�or. put on the property, subtracting the special assessments, subtracting the 30 foot dedication to the City for park land, and subtracting $1,000 it will cost for fill to make this a buildable site. Mr. Urbick has been very, very fair. Mr. Fitzpatrick asked if this property for the park was across from Grace High School. Mr. Clark said it was. He said the City might need a 25 foot triangle off the next lot also. - Mr. Cl�rk said the�petitioner does not want to plat because of the time factor. Platting would require Public Hearings by both the Planning Commission and Council and he wouid have to provide hard ' shell copies, etc. The descriptions covering the three remaining lots will not be difficult to place. We felt that because Mr. Urbick and his realtor have been so fair with the City, if we can help him get division of his 'lot the easiest way, we should. . Mr. Harris said that he was unaware.that the City wished to purchase a.lot from the petitioner at the time the Plats & Subdivisions � saw this lot split request.. It was his feeling at that time that the property should be platted. As long as the City is considering pur- chasing one lot and there will be only three lots left, one of which is already built upon, he had no objection to this being haridled as a lot split. � � Plannin Commission Meetin - March 6, 1974 Page 6 � � Mr. Clark said that by the City acquiring this lot, it would be a real asset to the City and the Park Department because it would enable the City to place a walkway around the pond. ^ n Mr. Clark said the way the cost was determined on this property was that the realtor set a cost of $85.00 perfront footage with the special assessments paid. We deducted $40 per front footage for specials (water, sewer and streets). Then we deducted $1,000 for fill, and 30 feet of the 90 feet for park dedication and our figure was $1,775. Mr. Harris said no money for the park fund or park dedication is necessary on a lot split. Mr. Clark said it would be if this property was platted. Although the petitioner is dividing this property with a lot split, he is willing to make the park dedication. Mr. Clark said there has been agreement between the City staff and the property owner, but the City Council has not agreed to this. MOTION by Harris, seconded by Drigans, that the Planning Commission recommend to Council approval of the request for a Zot split, .L.S. . #74-02, by Bernard Urbick, to split Lot 39, Auditor`s Subdivision No. 92, into four buildinq sites Iocated at 58th and Arthur Street N.E. contingent upon an agreement with the City ta provide park property. Upon a voice vote, a11 voting aye, the motion carried unanimously. 4. T.REE ORDINANCE Mr. Clark said this ordinance has been passed down��o the Planning Commission by the Council. It is not required that the Planning Commission have a Public Hearing, but you may want to have one. We are somewhat. bound in by the number of days we have to react to this ordinance. Council has 65 days to. react to this ordinance, which is May 8th. They have to adopt an ordinance that is agreeable to the committee, or within 45 days after May 8th, there will have to be a referendum. If they adopt an ordinance that is not agreeable ta the committee, it will still have to go to a referendum. Z`his ordin�nce refers to all public land. Mr. Fitzpatrick said he would like to get some input from the Environmental Quality Commission and the Parks and Recreation Commission but because of the time element, there wasn't time for them to have individual meetings, so maybe a joint meeting could be considered. Mr. Drigans�said it might make a cumbersome board to have so many committees conducting the h�aring. He said he thought they could expect quite a turn-out for this hearing. Mr. Langenfeld, Chairman of the Environmental Quality Commission, felt if the members of the other committees were in the audience, it would accomplish the same thing. Mr. Clark said that as far as setting up a Public Hearing date, I don't think we have to have the required 14 days notice. This could be publicized in the paper and as people are aware of this ordinance, they will be watching for any Public Hearing. � Planning Commission Meeting - March 6, 1974 Page ? ^ Mr. Drigans said the Board of Appeals and the Planning Commission `' have a joint meeting on March l3th. Our regular scheduled Planning Commission�meetings are March 20th and April 3rd. Mr. Clark said if we don't have too much scheduled for the 20th of March, we could set a Public Hearing for that date. After you g�t the input, you could make your recommendation by April 3rd, so Council would have time to react to your recommendation before Apri1 15th, when they may want to hold a Public Hearing. � /'1 Mr. Clark said the Planning Commission might want to have an informal meetirig to talk over this ordinance befare you have a Public Hearing. Mr. Drigans said there might be time after their special meeting on March 13th. Chairman Fitzpatrick said he thought most of the members were quite familiar with this ordinance. He asked Mr. Clark that if they decided to have the Public Hearing on March 20th how this would be publicized. Mr. Clark said he would call the Sun Newspaper and ask their help in publicizing this Hearing. � Mr. Harris asked Mr. Langenfeld if the Environmental Quality Cammission would be me�.ting before the 20th of March. Mr. Langenfeld said they would be meeting March 12th. Mr. Drigans said they could probably get copies of the minutes of this meeting before the Public Hearing. Mr. Bill Nee, Councilman, said this ordinance seems to be for. park land but it will have an impact on street development. He said ` that it might be the Environmental Quality Commission that negotiates with the sponsoring committee. " Chairman Fitzpatrick asked Mr. Nee if it would be more desirable to have a joint meeting with the Planning Commission and the Parks and Recreation and the Environmental Quality Commission, or just have the members of these other two commissions in the audience. Mr. Nee said he couldn't see much difference. The Council sent this ordinance to the Planning Commission because they thought this was a reasonable way to collect input. � Mr. Ne� said there�was discussion at one time of the Chairman of the Environmental Quality Commission being a member of the Planning . Commission, and maybe he should be on the"Planning Commission as an ex-officio member for this meeting. Mr. Harris said they would extend that invitation right now as long as Mr. Langenfeld was in the audience. Mr.. Langenfeld said he would be in the hospital at the time of this meeting, but he would ask his Vice Chairman to take his place. Chairman Fitzpatrick asked Mrs. Leeann Sporre, 301 Ironton Street N.E., how she felt about the schedule of the Public Hearing. Mrs. Sporre said she had no objection as long as it was publized so people were aware of �he Hearing. She said Wednesday night was a bad night during Lent. Mr. Fitzpatrick said this is the night that people were used to have a Planning Commission meeting and when they had changed this night, they hadn't had too much response. The Planning Planning Commission Meetin - March 6, 1974 Page 8 ^ Commission has a couple of other items they will have to take care of at this meeting, so this hearing wouldn't start until 8:30, so people could go to church and still make it to the meeting. Mrs. Sporre said she would like to know before the Hearing, any questions that the Planning Commission were going to ask so that research could be done on these questioris, then they could have._the answers at the time of the Hearing. She asked if they had any questions on woodland management. Mr. Fitzpatrick said if any of the members of the Planning Comm��si�on knew of any questions they might be asking at the Hearing, they should tell Mrs. Sporre, particularly questions that would have to be research-- ed. Mr. Harris asked if the sponsoring committee had contact with some one in the Department of Natural Resources, Forestry Division. `He said he hadn`t gone through this ordinance point by point yet, but he thought someone from the Forestry Division should be invited to the meeting as far as woodland management is concerned. Mrs. Sporre said it might be possible to get so�neone to come to the meeting, but she would prefer to have specific questions researched rather than have one man's opinion given. Mr. Fitzpatrick said this was a reasonable request, but he didn't ^ think the Planning Commission has had time to formulate specific questions. He said there was one point that would be brought up at the Hearing. You might be prepared on why the committee is sponsoring this particular ordinance. You must have had certain objectives. Mrs. Sporre said they thought this was a good law. She said other areas have passed laws to protect certain trees and she thought this was a way of protecting a valuable asset. Mr. Drigans said there was one thing he had a qu��iion on. That question was that we are considering having an armory in Fridley, and the possibility of the Y.M.C.A. being re�ocated. With this ordinance no building can be done on public land, that may require�tree removal. Mr. Clark said that when we look at this ordinance, I think we should consider the possibility of it covering all lands, whether Public or private, and provide means for a review process. Requests could go to the Environmental Quality Commission, Building Btandards, Planning•Commission and Council. Mr. Harris said what would be needed was an impact study. Mr. Nee said this ordinance should have some process for handling variances from it. I think the ordinance shows a lack of confidence in the City. If there is a way to clear land for streets, for � .instance, there should be a process that protects the trees. The concept for this ordinance came from Bloomington. He said we all know of instances in Minneapolis where a street was widened 10 feet and all the trees were removed from the boulevard. The question is whether the people would rather not have the street widened and save the trees. There should be some provision in�the ordinance for reasonable waivers1 probably with an environmental impact statement 9 Planning Commission Meeting - March 6, 1974 Page 9 �'�, � and comments from the Engineering Department. Mr. Lindblad asked Mrs. Sporre if she could tell him in a few words, the main point of this ordinance. Mrs. Sporre said it was to prohibit the destruction of trees by woodland management and disease control on all public property. Mr. Fitzpatrick said we are faced at this point with either adoption of this ordinance or referendum or apparently before any adoption, fu�ther negotiations with the sponsoring committee, which' I don't fully understand. If 4,''OOO people have signed this petition, can the committee negotiate for changes in this ordinance? Mr. Drigans said he thought the intention of the Council was to have the Planning Commission hold Public Hearings and the minutes would be available to them of citizen input. Mr. Drigans said Mr. Nee cauld cor�ect him, but he didn't think it was the Council's intent for the Planning Cammission to recommend anything, just to get citizen input. Mr. Drigans said this was just passed to the Planning.Commission and I think the Council should tell us if they want a recommendation or just citizen input. Chairman Fitzpatrick said he thinks the Council is looking for our recommendation, and if our recommendation includes changes ^ in the ordinance, I h<<ve some question as to how empowered the sponsoring ccmmittee is to negotiate these changes. Mr. Nee said this is spelled out in the Charter, but it does raise a moral question. Mr. Fitzpatrick said he didn't think the signers of the petition would object to us working out a reasonable.means of appeal, but if we can do that, what else can be do? Mr. Drigans said I have heard that the intent of the ordi�ance was to stop the Council action on the North Park proposal. The sponsoring committee will have to be prepared.to answer this question. Mrs. Sporre said that wasn't the whole intent, but it was a strong reason for many people who signed the petition. Mrs. Sporre said they have done a lot of research, on this and even if and when this site was used for a golf course, and they did try to save as many trees as possible, the use of heavy equipment to eonstruct the fairways, would disturb the oak trees left. It would change the wind rose and oaks are very unpredictable. We were told the first year that it would look quite good, but in a short time, the trees that were left would start to die. Mr. Drigans said it would be impossible to te-11 how many trees would be affected until the fairways were laid out. Mrs.: Sporre said the � impact of using this property as a golf course couldn't actually /'1 be evaluated until it was all completed, and then it would be too late. Mr. Langenfeld said the City has proposed hiring a naturalist. He would have a great deal to do with this,ordinance. Mr. Harris said as this ordinance calls for woodland management, Planning Commission Meeting- March 6, 1974 Page 10 � he thought there should be a provision on what type of trees should be propagated and what type of trees that were undesirable. Mr. Nee said that's why it says woodland management in this ordinance. Mr. Harris said-that was why he would like to see someone from the. Forestry Service at the Public Hearing. He said that some trees grow better in Fridley than others, and some trees hold back the development of more desirable trees. � Mr. Fitzpatrick said an inclusive one and it ment. Mr. Nee said this this provision in the ordinance is rather doesn't say who will do the woodland manage- would be a continuing program. Mr. Harris said if the City is going to have a program, they wili have to hire a naturalist, if they aren't going to have a naturalist, they will still have to have someone responsihle for the prcgram. Mr. Nee said that if the City did not have a naturalist, the City could come up with a program that would probabl� not be so well founded. Mr. Harris said he thought this ordinance should be.considered on its merits rather than just be tied in with North Park. Mr. Drigans said that he thought it would be impossible to separate the two at the Public Hearing. . Mr. Harris said he would like some input at the Public Hearing from someone with a background of forest management. There was discussion on whether the audience might get too large to be accommodated at this Hearing. The Planning Commission asked � Mr. Clark to check and see if there was an alternate meeting place available. MOTION by Lindblad, set the Public Hearing 8:30 P.M. Upon a voice unanimously. seconded by Harris, that the Planning Commission on the Tree Ordinance for March 20, 1974 at vote, all voting aye, the motion carr.ied � 5. REVIEW OF FINAL PLAT, RICE CREEF�ESTATES, P.S. #74-01, BY GOODCO, INC. AND PINE TREE BUILDERS: Being a replat of Part of Lots 9 and 10, Auditor's Subdivision No. 22, located between Rice Creek Road and 61st Avenue N.E., and West of Benjamin Street N.E. ' Mr. Clark said the Planning Commission plat af ter it had the street grades', cross the problems with the neighbors worked out. had asked to see this sectioris and some of He said this did go to the Parks &�Recreation Commission on �• �March 4th and they definitely wanted to purchase park land in this area.� The park land is in about the same areas as it was on the plat you gave preliminary approval on February 20, 1974. If the . petitioner has to move the cul-de-sac entirely on his property and loses what are now Lots 12 and 13 as buildabl� site; the park department recommends the purchase of the balance of these lots.also. ,^ • Planning Commission Meeting - March 6, 1974 Page 11 Mr. Clark continued that this plat is different in that Woodside Court dead-ends on the East side and instead of starting on the West side of the Theilmann parcel, this area is now served by a cul-de-sac. This would give the petitioner one more lot, but will � give the Theilmann's 7 lots instead of 8. Mr. Clark said this plat would require some right of way for the cul-de-sac on 61st Avenue and the affected property owner at 1541 Ferndale tald me before the meeting that he has not been contacted by the petitioner. Mr. Harris said he couldn't go aZong with this plat. He said the reason the Planning Commission had approved the preliminary plat was to give the petitioner some direction and we gave him eleven , stipulations. This plat doesn't follow these stipulations. Stipulation' 7 and 11 are the only stipulations that axe answered and that is on the grades being established and the final pla�t coming back to the Planning Commission. � Mr. Theilmann said he gave up less land with this plat, but he would be left with 7 lots instead of 8 and he didn't like this plat at all. He said he had no objection to the preliminary plat presented to the Planning Commission on February 20th. Mr. Fitzpatrick asked if the owner of 154I Ferndale was in the .audience. Mr. Charles Rice said he was the owner. Mr. Fitapatrick � asked the property owner if he would negotiate for the additional right of way needed for the cul-de-sac on 61st Avenue. Mr. Rice said he would not. Mr. Clark said the pzesent right of way went up to the East property line of Mr. Rice's property. Mr. Drigans said this was why he objected to approval of the preliminary plat at the February 20th meeting. There were too many unanswered questions. Now the petitioner has a dii.ferent plat than what we made our recommendation on. I'm ready to have them.start all • over at the Plats & Subdivisions-Streets & Utilities Subcommittee 1Pve1. Mr. Clark said if the Planning Commission didn't like this plat,. they could recommend the plat presented at the February 20th meeting. Mr. Theilmann said when he bought his propert� twenty years ago he always felt he could plat this property into eight lots. After paying taxes on it for all this time, he certai�ly couldn't agree to seven odd-sized lots. He said he knew he would have to purchase some land set aside by the petitioner to make his.lots meet the front footage requirements, but he was willing to do that. Mr. Harris said that stipulation 9 specifically states that Woodside Court be temporarily dead-ended on the East and West side /� • �of the Theilmann property line. Mr. Lindblad said he couldn't see why the cul-de-sac couldn't be on Lots 11 and 12 and if Lot 13 were.redrawn, Lot 13 could be a buildable site. Then the peitioner wouldn't�need the 25' right of way from the property owner at 1541 Ferndale. � Planning Commission Meeting - March 6, 1974 Page 12 ^ Mr. Harris said that if he was looking at this plat correctly, the section D-D or Lot 10 was going to need a variance on the front setback of �10 feet. Mr. Harris asked if there were any unbuildable lots. Mr. Clark said no. Mr. Drigans said the lots are numbered differently than on the preliminary plat we approved. Mr. Harris said there was no way that he could recommend this plat. . Mr. Clark said why don't you think about doing it this way, reaffirm your approval of the plat presented at the February 20th meeting, and say that the plat that was presented tonight was unacceptable because of the big change West of the Theilmann parcel and that as far as you're concerned the 61st Avenue cul-de-sac be moved Easterly so that the bubble portion of the turn-around lies on Lots 11 and 12 on this plat and that the park deparment purchase the remainder of these two lots, making Lot 13 buildable. Mr. Drigans asked how many lots were on the plan presented tonight. Mr. Clark said 42. Mr. Drigans said the petitioner had added another lot and isolated the Theilmann parcel. 1K(2�'I.ON by Harris, seconded by Lindblad, that the Planning Commission ^. recommend to Counci.Z that they reaffirm their approval of the preliminarL plat presented February 20, 1974 (called EXHIBIT A) with the grades of the plan presented March 6th (called EXHIBIT B) superinposed on Exhibit A, P.S. #74-01, Rice Creek Estates, by Gocdco, Inc., and Pine Tree Builders, being a replat of Parts of Lots 9 and 10, Auditor's Subdivision No.22, Zocated between Rice Creek Road and 61st Avenue N.E., and West of Benjamin Street N.E. with the following stipulations: 1. If sufficien.t right of way cannot be obtained from _the : South side af 61st Avenue, then the cul-de-sac be tota.Zly � embodied on the plat on Lots 18 and I9, Exhibit A, and redraw the lot line of Lot 21, to make that a buildable site. 2. Subject to obtaining street dedication from the Theilmann's for the extension of Briardale Road. 3. Walkway be provided to park from Benjamin in the vacinity of the South line of Lot I5. 4. Subject to negotiation with the City for additional park Iand. 5. Provide underground utilities. 6. One tree planted per lot. 2" minimum diameter. /�, . • 7. Grades to be worked out with City Engineering Department. (complied with) . 8. Lats that have grade difficulties with a three to one slope ' after the grade is established, be sodded within one year of completion. Planni Commission Meetin - March 6, 1974 Paqe 13 g, Woodside Court be temporariZy dead-e�dne�on the East and West side of the Theilmann property 1p, A11 lots must meet minimum Iot size and have minimum front footage and,depth. 11. After the grades have been established by the engineer's, the plat come back to the Planning Commission before Council approval. (complied with) , UPON A VOICE VOTE, a11 voting aye, the motion carried unanimously. Mr. Theilmann asked if the Commission was aware that his property was included in the legal description of this plat. Mr. Clark said they were. This was included in case Mr. Theilmann would have decided to plat at this time. Mr. Drigans said he wanted to bring it to therovingtthe plathe City Council that the Planning Commission was app ' �presented to them on February 20th and not the plat the petitioner prepared for this March 6th meeting. If there was any conflict at their Public Hearing on March llth, they should refer the plat back to the Planning Commission. n. � 6. CONTINUED: PUBLIC HEARING: REZONING REQUEST, ZOA #74-01, HENNING NELSON CONSTManorONfromPRNl.(singleZfamilytdwelling2areas) Block 13, Riverwood ► to R-3 (general multiple family dwelling areas) to allow construc=. tion of a 24�unit apartment complex to be located South of 71st Way N.E. and West of East River Road. Public Hearing closed. .Mr. Clark said that because of the Public Hearing on the tree ordinance, he thought this item should be continued unti•1 April 17th. He said we have already continued �he P t t onerhwillthavento,undequest, so if we have to continue it now, stand. Mr. Clark said t�e adjacent prc3�erty owners should be re- notified on this item also. MOTION by Harris, seconded by Lindblad, that the Planning Commissior. continue until Apri1 17, I974, the re�on��zoneqLots�lZand#2� Block�l3, Henning Nelson Construction Company, areas) to R-1 (genera� Riverwood Manor, from R-lareas�Itofallow �onstruction of a 24 unit multiple family dwelling N.E. and West of apartment complex to be locat�hesadjacent7property owners of this . East River Road and renotify aye, the motion carried continuance. Upon a voice vote, a11 voting unanimously. � � Planning Commission Meeting - March 6, 1974 Page l4 7. SET PUBLIC HEARING DATE FOR ARMORY PROPOSAL Mr. Drigans said this could be tentatively set for May 8th. Mr. Clark said all the civic groups should be notified of this hearing but that notice wouldn't be going out yet, so the Planning Commissiori can set a firm date at their Apri1 3rd meeting. MOTION by Drigans, seconded by Lindblad, that the Planning Commission set a tentative date of May 8, 1974 as the Public Hearing date for the Armory proposal. Upon a voice vote, a11 voting aye, . the motion carried unanimously. 8. DISCUSSION Mr. Lindblad said he would like to discuss the problem of loan companies dictating to the City the requirements for parking or perhaps for other things. Where do we draw the line? Mr. Clark said where this question came up was on a building � being built by Bryant-Franklin where they already had the financing secured. One building they have built that is in use has 130 parking stalls, of which 5 stalls are actually being used. When they requested an identical building that was going to have a�oW rate of employment, the staff felt why not have a parking Tot for 30 cars or 50 cars. The space would still be there to increase the parking area if it was ever needed. The developer thought this was a good idea and drew up his plans this way, and was going to request a variance. When the lending agency saw these plans, he said the developer had to provide the minimum parking. Mr. Harris said the lending agency is looking at it from the standpoint that if th�y ever got this building back, it would be much more marketable if it has the minimum parking. If a new owner neede� all the parking and even if the space were available for it, this.would still be an additional expense for the buyer and would make it more difficult to sell. The lending agency always has to consider the resale of the building. Mr. Clark said our code calls for a minimum of 120 parking stalls on this property, and the lending agency said they wanted 132, so they were not infringing upon our minimum code. Chairman Fitzpatrick adjourned the meeting at 11:15 P.M. Respectfully submitted, � �' �,C��.�t�t/ Dorothy Ev son, Secretary �� THE MII�IUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF FEBRUARY 28, 1974 The meeting was called to order by Chairman Drigans at 7:35 P.M. ^ NiF.�iBERS PP.ESENT : Drigans, Wahlberg, Crowder MII�IBERS ABSENT: Gabel, Plemel OTHER.S PRESENT: Howard Mattson-Engineexing Aide MOTION by Wahlberg, seconded by Crowder, to approve the minutes of the February 7, 1974 meeting as written. Upon a voice vote, there being no nays, the motion carried unanimously. 1. A RE�UEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE, TO REDUCE THE REQUIRF"D LOT ARFA, ON A PLAT RECORDED �g'ORE DECII�IBER 29, 1955, FROM 7500 SOUARE FEET T0 6600 SQUA�E FE�T, TO ALLOW TH�_CONSTRUCTION OF A DW�LLING AND ' TO BE LOCATLD ON LOTS 33 AND 34, BLOCK E, RNERVIEW H�IGH'15, '1ri� sAMr: 617 JANESVILLE STREET N.E., FRIDLEY, r1INNESO�A. (REQU�ST BY MR,_ GAR:Y 71 - 66TH WAY N.E., FRIDLEY, MINNESOTA.) Mr. Irene was present to present the request. The survey showing the proposed house and garage locations was shown to the Board. MOTION by Wahlbexg, seconded by Crowder, to waive reading the public hearing notice. Upon a voice,vote, thexe being no nays•, the motion carried unanimously. Mx. Irene came forward to explain his hardship. He said this was the case of two lots from an ald plat that didn't have the required area, namely 6,600 square feet instead of 7.,500 square feet. He show�d the house plans and the � plot p1an of the dwelling and separate garage he wished to build. Mrs. Kuusisto of 615 Janesville and Mr. Hasher of 600 Kimball came forward to look at the house plans. Mrs. Kuusisto was concerned about how close the new house was going to be to hers. She also mentioned that she thought there was an easement between the lots on Janesville and those on Kimball and that it had something to do with a well. Chairman Drigans asked Mr. Mattson if the staff had any information on that. Mr. Mattson said that he-was unawaxe of any public easements in this location except for the power company and in any case, Mr. Ixene's garage could.be moved close enough to the house to meet Code req.uirements even if there was an easement there. Mr.. Mattson said there ma.y be a private easement at this particular location since there were apparently four houses using the well at one time. Mr. Hasher of 600 Kimball was mildly concerned about having to look at another garage from his front window but did not really have a complaint. Chairman Drigans asked if there was a minimum size of house.that could be built. Mx. Ma.ttson said yes and that th e plans had already been checked and approved by the Inspection Department. . MOTION by Wahlberg, seconded by Crowder, to close the public hearing. Upon a n'�voice vote, there being no nays, the motion carried unanimously. tes of the Board of als SuUcommittee Meeting of Page 2 1974 � ,� After a short discussion, MOTION by Wahlberg, seconded by Crowder, that the /`� Board recommend approval of this request to the City Council with the suggastion that the City staff help Mr. Irene with any information the City • may l�a�e on possible easements at the rear of his lot. Upon a voice vote, there being no nays, the motion carried unanimously. /'� / ` ADJOURNMENT • The meeting was adjourned by Chairman Drigans at 8:30 P.M. e ectfully ubmitted, ---_ � OWARD MATTSON V Acting Secretary � � e Nj��lU�'E,S OF TNE REGULAR PARKS AND RECREATION COMMISSION MEETING. MARCH 4, 1974� Meeting.was called to order at 7:35 p.m., by Chairman Blair. �;�1 MEMBERS PRESENT: Blair, Stimmler, Pe�erson, Wagar. MEMBERS EXCUSED: Calclwell. OTHERS PRESENT: Rollie Goodroad, 1821 Rice Creek Toad, 55112, 636-6421, Goodco, Inc. Mrs.-Larry Lembke, 1505 Ferndale Avenue NE, 55432, 789-5628, Homepwner. r9rs. Roger Arel, 1521 Ferndale Avenue NE, 55432, 781-0978, Homeowner. Charles E. Rice, 1541 Ferndale Avenue NE, 55432, 789-5054, Homeowner. Ken Sjodin, 8729 Central Avenue NE, 55432, 786-0600, Counselor Realty, Urbeck Property. Jim Langenfeld, 79 632 Way NE, 55432, 560-1969, Environmental Quality Control Commission. � Paul Brown, Director of Parks and Recreation. Cathie Stordahl, Secretary to the Commission. MIf�UTES OF THE JAivUARY Zs._ 1g�4 MEETING � MUTIUN 6y Pe,te�r�a�., Secvv�ded by Glagcuc, �a ap�nvve �he M.i.r�.ui�s a� �he Pcvcfvs and Rec�c.e.a�,i.�n Camm,i�s��i��. Mee.t,i.ny du,ted Janua�.y 28, 1994. The Ma�',i.aK cu�vr,i.ed. RICE CREEK ESTATES� Rollie Goodroad of Goodco, Inc., was present to discuss a plat he is proposing to develop in the Benjamin Street, Rice Creek Road area. As it presently stands, the area which has been designated as park land would be about 32 acres in size. This /-� acreage is slightly larger than the normal l0a of the total project which is required to be dedicated as park land, but because of the lay� of the land and the platting that has been done, the contractor is asking the City to purchase the balance of the land. In addition to this purchase of land, there is the po�sibility that the culdesac which is located on the southerly most boundary, will have to be moved, cutting into lots 12 and 13 (also referred to as lots 20 and 21 on earlier maps of the area). If the culdesac is moved, these two lots will be considered unbuildable, due to the terrain, so the contractor would be asking the City to purchase these lots, also. Mr, Blair agreed that if the culdesac has to be moved, the City Council should be asked to purchase the two unbuildable lots. . Mr. Peterson asked what the Commission is expected to that we should report if we want a park in that area, to purchase the additional acreage and the two lots. act on? Mr. Blair responded and if we do, if we're willing Mr. Stimmler reported that this is one area which we've consistantly had a major void in park lands.• iVe have had monies budgeted for purchase of park property, but have not been able to do so because of the lack of desireable land in that area. �Ve desperately need a park in that area, and Mr..Stimmler felt we should proceed to do whatever is necessary. Mr. Goodroad was asked if he had an estimate of the cost to the City in this transaction? Mr. Goodroad didn't have any exact figures, but with the purchase and � special assessments, it would run about $20,000 to $25,000. Mr. Stimmler asked Mr. Brown for the amount of money which had been set aside in the Budget for purchase of land in that area? Mr. Brown reported that thexe was $15,000. .� �inutes o� the Parks � Recreation Commission Meeting, March 4, 1974. Page 2 �� ➢�CE CREEK ESTATES �COiV�T); � MOTT�N bu waacuc. Secanded by S�unm�vc., �� necommend �a. �he C.i.tcl Caunc,i, � ac .us neX r� ca e �wv .�v �s cus NORTH INiJSBRUCK PARK, ah r�cVcfz ►�cUcv�a�5 �1 � Mr. Ken Sjodin was present at the meeting, representing CounseTor Realty and Bernard Urbick, 5837 Arthur Street NE, Fridley. Mr. Urbick is the owner of three lots which are located immediately south of his home. Two lots are �roposed for private sale, and the most southerly lot needs fill and is pxopose�l for sale to the City. This lot is adjacent to the newly located A-frame building which was donated to the City. The lot is approximately 86' wide and would cost the City a roughly estimated $5,000.00. It would require approximately 1500 yards of £ill to bring the lot up to the standards of the area. Mr. Blair recommended that the Commission ask the City Council to negotiate fox the purchase of this additional land. He asked Mr. Brown if it was the intent of the Department to maintain a skating rink? Mr. Brown said that it was. � MUTIUN by Pe,te�c�s��. Sec�v�ded by GUa cuc, �a necammevcd �G�cc,i �Gie C.c:,t Caunc�i:2 v�e a�i:d.�e ,��n ��utc� a�� K aca�ed cv��Tun Ja G- Ir� ti�bnue av� a�aee.wt �� e. A- name u,i,2 "v� , an a�r.iee e�c �oa� cc�,c�s, e�s�s �2e e e�an , cc.s e�e.v►,ted �a � e�an an Reetc.e.a.t,i.on Comm.c�s� a T�ie�i a�.t.a�n a�tc�.� MOORE LAKE STUDY� Jim Langenfeld, a member of the Environmental Quality Control Commission and the Moore Lake Study Task Force, was present to diseuss Moore Lake and the progress on the study. Mr. Langenfeld asked if the Commissioners had received copies o� the study prepared by National Biocentric, Inc. of St. Paul, concerning Moore Lake? The study which the Commissioners had received was concerned with Highland Lake but was prepared by the same company. The Moore Lake report was #246, dated August 27, 1973... bir. Langenfeld said that he would see that the Commissioners each receive a copy. This report is a proposed study for Anoka County lakes. There is the possibility that some federal funds may be available for this study, but nothing has been finalized in respect to this. Mr. Langenfeld asked if we were planning to proceed with our weed control £or this Summer and Mr. Blair responded that we were. • Mr. Langenfeld explained that several well-versed individuals had been at a meeting of the task force and after listening to their plans for a detailed study, it would �, be completely impossible for a group-of people to attempt such a task and have any success which could be beneficial to solving the problems at Moore Lake. These individuals represented the University of Minnesota and companies which deal with studies of this type. Even if the data could be collected, it would be almost impossible to eompile it into data which could be processed and conclusions drawn. 0 I�inute$ of the parks F� Recreation Commission Meeting, March 4, 1974. Page 3 �"QRE LAKE {CON � T) : Mr. Stimmler asked if Brother Sullivan had been involved in these meetings or had contributed anything which could benefit the City? Mr. Langenfeld said that both Ron Burton and Brother�Sullivan had done a lot of work in this area, but that no conclusions had been determined. Mr. Langenfeld reported that such things as "swimmers' itch'' could be eliminated by merely wiping oneself with a towel after getting out of the water. The fungus would be wiped off, and in this particular case, it doesn't become a problem until it dries on the skin. He went on to say that he had learned that ear infection can be found in people who�swim in pools, as well as lakes. Many times it's connected with horseplay. Mr. P.eterson asked if Mr. Langenfeld had contacted Mike 0'Bannon, Anoka County Commissioner, to see i£ he could assist with releasing funds for this project? Mr. Langenfeld said that he would certainly check into it. There was some discussion of the sedimentation in Locke Lake, but the majority of the land surrounding the Lake is private property, so the City isn't directly involved. . Mr. Wagar said that he felt we should do something to save the Lake, whether we get assistance from the County or not. If the Lake can't be saved, the City will have to look further into the construction of a swimming pool. /�, Mr. Langen£eld t��.11 check with Anoka County and report back to the Commission. EARLY OPEN FOR MOORE tAKE� Mr. Brown asked the Commissioners to refer to a proposed article for the Fridley Sun which deals with the opening date for Moore Lake. He stated that the Beach would be opening the day after School District #14 dismisses £or the year, and his question is whether the Commissioners intended for the Beach to be fully staffed or just an individual on duty to have access to the phcne. Mr. Blair said that he thought it was their intensio.n to fully staf£ the beach and install the buoy lines, docks, and life guard towers. Mr. Brown reported that to fully staff the Beach at that early date is impossible because our staff consists of college students who are not out of school as early� as District #14. Several of our staff inembers are even attending�college out o£ state. Mr. Stimmler stated that we can't do half a job. I£ we open the Beach, we have to staff it. Mr. Brown agreed. . . They discussed the possibility of having High School students on duty untzl the regular staff is available, but agreed that it wouldn't really be fair to hzre them for a week or two and then put them out of a job. /"1 ' . Mr. Wagar stated that he'd at least iike to see some buoy lines installed. Mr. Brown said that he wanteci to know how they want the beach handled and we'd try ' to hire the staff. Mr. Stimmler said that we should try to staff the Beach on June lst, the day after School District #14 dismisses, and Mr. Brown will report back on whether or.not that can be done. �� i�utes o� the Paxks $ Recreation Commission Meeting, March 4, 1974. Page 4 �� r� � �[j;NI BIKING IN FRIDLEY� � ,. The Commission asked if there had been any developments in respect to mini biking in Fridley? �aith Spring approaching, the problem will be increasing. Mr. Blair pointed out that there still aren't any areas where mini bikers can ride. Mr. Stimmler said that as far as he was concerned, mini biking doesn't £it inta our realm of Recreation and we don't have to provide a place £ox riding. Mr. Peterson concurred. START I NG DATE FOR PLAYGROUi�IDS , Mr. Brown briefed the Commission on a request by the Playground Director, Maxine Boone, asking to delay the opening of Playgrounds for one week. The reason for the delay request is that the majority of the staff are college students and don't get out of school until the week prior to the opening of Playgrounds. Each year, before the opening of Playgrounds, Mrs. Boone conducts a three-day workshop £or her staff to orientate them with the program. One of the problems which they encounter is that not everyone on the staff is able get to the workshop so soon after they get out of school. The Playgrounds program is a 6 weeks program beginning one week after Baseball and ending one week before Baseball ends. Baseball is an eight weeks program. By delaying the opening date for Playgrounds one week, both programs will end on August 2nd. /`�� M�TION by S�imm2e�c, Seeanded by Wagcvc, �v de2ay �h.e a�ev�,i:ng dcLte �an P.2a.ygnaund.s �a June 24�h., mafii.ng �he �nagnam end av� Augws� 2nd. The Ma�',t:an eajvc,c:ed. SASEUALL� Mr. Stimmler asked Mr. Brown if there were any changes planned fox the moxning Baseball program? Mr. Brown stafied that it would be the same pxogram we have had in the past. Mr. Stimmler pointed out that over the past several years we have had a steady decline in attendance. There were only two Cub teams. Mx. Brown said that it was the plan of the Department to send a flyer to the schools just before Summer Registration, to arouse interest among the boys. If this effort fails to produce a larger turnout, the plans would be to re-organize the program fox 1975. Mr._ Brown pointed. out that Baseball"is played at four locations. Perhaps the answer to the problem would be to centralize back at the Commons Park. Mr. Stimmler felt that there was a leadership problem within the Baseball program. He said that the �aseball Director should make certain that the Coaches are doing their jobs. Little League Baseball takes a great number of the boys who would othe�wise play within the morning program. GYMNASTICS� � Mr. Brown briefed the Gommissioners on the proposed Girls' Gymnastics program for the ooming Summer. The program would be held at the Jr. High School. The charge would be $10.00 per girl and the sessions would be for one hour a day, five days a week, for two weeks. There would be three.sessions during the Summer. . �inutes of the Parks � Recreation Commission Meeting, March 4, 1974. Page S �� S,iRLS' GYMNASTICS �CON'T); MOTI�N 6 S�i.mm�e�c Secanded b wa cuc, �a nec�mmend �hcLt �he C�,i Caunc�,e a��nave e G.c�r,P�s' G mna��i:c� ho nam, an �.v�.t�c.uc�i � e Pcuc � Rectcea�c.an D,ifc.ec�ton �v pnoeee . w.c.t � e atvcan.qemew�s an av.cv�g � �naynam a,i x e 1r,c. ey uvu.an tigh Uh. �he CUm.C.vlq Summ2Jt. 1 Vle MUZC.UVt `NORTH PARK� Mr. Wagar asked the Commissioners to discuss the situation with the deveiopment of North Park. He stated that the Commission has not, to date, taken an official � stand and he £elt that it was about time to do so. The last time the item was discussed, , no decisions were made, pending the outcome of surveys. Now that the City Council has taken a stand, he felt that the Commission should also be on record. MO7TO�N b Wa an, Seeanded 6 S�i.mm2e�c, �a necc�n�me�d �a �he C.i.iy C�unc.i,e �hcc,t N�tc,th Pati. e ev v�e a�s a y a eac.vc�s e. DISCUSSION: Mr. Wagar said that it was time for a poll of feelings since the Commission has never sat down and discussed the pros and cons of a golf course or nature center for North Park. Mr. Stimmler stated that he had attended the Ad Hoc Committee meeting, City Council meetings, and other such meetings, where North Park was discussed, but in each instance, the groups were firmly divided and nothing was accomplished. �� Mr. Peterson felt that it was unfair to the Commission because o£ the history of the project. People's emotions, rather than logic, are involved. Mr. Blair asked Mr. Brown if he had seen the proposal by the Metropolitan Airport Commission concerning the use of Janesfield for a golf course? Mr. Brown said that he had. Mr. Blair said that it was rumored that the B1air City Council had discarded the request, but he didn�t know if it was true. Mr. Blair agreed that it was time for the Commission to let their wishes be known. He said that he, personally, was in favor of a golf course, because of the proposed shopping center which Coon Rapids will be building, directly North of North Park, draining into the Park, and the fact that the Fridley land which surrounds the Park is zoned Industrial. He went on to explain that the City would be accepting a ��iability if we agree to develop a Nature Center. It's too difficult to get monies within our Budget for the things we need now, without adding anothex expense. Mr. tiVagar said that we'd have a 120 acre zoo. He stated that he's had a tremendous number of phone calls supporting the golf course. He felt that it is the desire of the residents �to install a golf course. Mr. Peterson said that he wasn't ready to take'a stand. He has�mixed feelings about the development. � w.i�h s.ea,v�., S�,imm.2etc, and Wagcuc vo�',i.ng aye, and P�telc�on a6�5�a.i.n,i.ng, �he Mo�'.i.on. ewvc,i.ed. .�. • . �OURNMENT� Ma�',i,an �by Pe.ie�r�son, Seeanded by wagcvc, �a adjawcn �h.e mee,ting cLt 9:45 p._m. The next regular meeting will be held on Monday, March 25, 1974, at.7:30 p.m., in the Community Room of Fridle 'vic Center. . � . . t�es�ectfull� submitted, ^.m.TT • . nm�nrin��r c,.,.,�..,�-.,�.., ti. tho (�nmmiccintl � .. � THE NIINUTES OF THE BOARD OF APPEALS SUBCOMMITTEE MEETING OF MARCH 13 1974 The meeting was called to order by Chairman Drigans at 7:10 P.M. �ERS PRESENT: Drigans, Crowder, Plemel, Wahlberg MEMBERS ABSENT: Gabel OTHERS PRESENT: How-ar�d Mattson - Engineering Aide MOTION by Wahlberg, seconded by Cxowder, to approve the minutes of the February 28, 1974 meeting as written. Upon a voice vote, there being no nays, Che motion carried unanimously. 1. A RE UEST FOR VARIANCES OF SECTION 214.0313 FRIDLEY SIGN ORDINANCE T0 INCREASE THE MAXIMUM SQUARE FOOTAGE FOR TR�'1FFIC DIRECTIONAL SIGNS; FROr1 6 SQUARE FEET TO 24 SQUARE FEET (SIGN ��l) AND FRGM 6 SQUARE FEET TO 75 SQUARE FEET (SIGN ��Z), TO ALLOW THE ERECTION OF TWO TRAFFIC DIRECTIONAL SIGNS TO BE LOCATED ON PARCELS 600 AND 2400 SECTION 11 T-30 R-24 ANOKA COUNTY THE SAME BEING 550 OSBORNE ROAD rTnumuFeCT FRT'(1T.F'Y_ MINNESOTA. iREQUEST BY UNITY HOSPITAL, 550 OSBORNE ROAD N.E. MOTION by Wahlberg, seconded by Crowder, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried unanimously. Mr. Charles Peugh, of Signcrafters, Inc., was present to present the request. Mr. Peugh presented sketches of both signs to the Board and also a plot plan of the hospital lo� showing where the signs would be located. � Mr. Peugh explained they require a variance on the size to put up two directional signs; one stating "Unity Emergency", the other stating "Unity", "Auditorium", "Truck Deliveries",�"Employee Parking". He said the color scheme would be a blue background with white letters and red arrows. He said the "Emergency" sign would have fluorescent lighting and the other would have scotchlite. The plot plan shawed both signs located off the Osborne entrances; the "Emergency " sign at the most easterly entrance and the other at the most westerly entrance, both to be glaced a�C the proper setbacks. �� Chairman Drigans said he could see the "Emergency" sign but why the other sign. Mr. Peugh answered that the kids have knocked the sign down that was there and the delivery men are going to the wrong doors. He said the hospital has to have signs to direct people because of the many entrances. He added one �arger sign is better than having many 6 square foot signs. Mr. Crowder stated he could also see the reason for having an"emergency" sign, especially for the traffic at night, but asked why the employees need a sign telling them where to park. Chairman Drigans added he didri't think the hospital needed a 24 square foot sign for a delivery directional sign as he felt the delivery men would know where they were to go, because of what they were delivering. Mr. Peugh answered that the deliveries are not made by the same men all the time and the employee parking direcCion is more for the vistors, to let thecn know they can not park there. . �-.� • Mrs. Wahlberg stated she couldn't see where the deliv ery men would come to the front door when they were delivering food or supplies. She said if you have this sign at the entrance, you w ill need a sign further in to differentiate between . deliveries. She also wanted to question the wording of "LTnity" on the signs� . instead of having "hospital". She fel� people who were from out of towz� would not necessarily know "Unity" but would know "liospital". She said they don't know that �'Unity Emergency" would mean hospital. The Minutes of the Board of Appeals Meeting of March 13, 1974 Page 2 Chairmaxi Drigans stated he felt the ambulance drivers should know where the �� /� � emergency doors axe without having a sign to direct them. Mr. Peugh answered that the information he has comes from the hospital as to what they want and appaxently they are ha�ving'trouble with the drivers. Mrs. Wahlberg said she is not objecting.to the size but to the wording. Mr. Crow der asked if the Board was to deny the variance, couLd the hospital put up 6 sma11 6 square foot signs. fIe said his biggest question is if we turn it down, what happens. Mr. Mattson read from the Ordinance the requirements on traffic directional signs and stated there was no maxi.mum on the number allowed. Mr. Crowder wondered if they could put 3- 6 square foot signs on the same pole. , Chairman Drigans asked about the clearance of the signs from the ground. Mr. Peugh said both wexe 4' 6" off the ground. Chairman Drigans stated he f elt the Board should consider the safety factor of a sign being only 4 feet off the ground. He said any sign that low will have kids climbing on it. He said that should be considered in the constxuction of it. He asked why the one post instead ot two. Mr. Peugh said he didn't know how the kids would get up on the sign as it is only about 12 inches wide with no hand holes. He said if you put the sign up to high, it will look out of proportion, He said the engineers that figuxe these signs out, do take wind pressure, etc., into consideration so � the sign is stuxdy. He said an additional post would cost the hospital $20Q.00 extra, and he was sure the sign was sturdy without it. � Mrs. Wahlberg said she objects to the additional square footag e of the "emexgency" sign used for decorative design. Mr. Peugh answered that it is not.just decorative, it is a steel cover. Ghairman Drigans said he felt the sign with a center post is going to be subject to somebody coming up and trying to turn it. He said we have to look at th.e safety factor with the electrical lighting in a sign that low. Mr. Peugh stated he f elt this sign with fluorescent lightin� is safer than flood lights that are on the ground. • Mr. Crowder stated the Boaxd can't force him to change the lighting and the poles as long as it is in conformance with the Codes. Chairman Drigans stated that the Board has to protect the public on items that could be safety hazards. Darxel C1ark, Co�nunity Development Adm., added that the Board could recommend the signs be �he same height as the City traffic signs. �hairman Drigans said that if these signs were approved, it could set a precedent in that any business down Osborne Road could decide they also need traffic directional signs. He said he has more'reservations about.the delivery directional sign size. He said delivery men change, gxanted, but employees shouldn't need a sign to tell them where to park. � Mr. Peugh said the hospital wouldn't be spending the money for the signs if they didn't feel it is necessary. �� The Minutes of the Board of A peals Meeting of March 13, 1974 Pa�e 3 Mrs. Wahlberg questioned what signs were existing on the property now. Sha said ^ she thought th:ere was now an emergency sign on the building and she therefore ' questioned if this proposed sign is necessary. She said the hospital will probably sti11 need qther signs in th�e yard. Mr. Plemel stated he thought the hospital has kept its yards quite nice but to add signs that axe this size seem awful garish to him. He said-the hospital must think they need it but he couldn`t see why they need a sign for employee parking. MOTION by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried unani.mously. Mrs. Wahlberg sta�ed she questioned the size of signs being asked for first of all, but also questioned what exists now on the building and if it can be seen from Osboxne Road. Mr. Crowder said, assumi.ng they have signs�on the building now, what does the Board suggest they change the size to. He said the Board agrees that 6 square feet is too sma11 and 75 square feet to big but what size is needed and necessary. Mrs. Wahlberg stated that would be relative to the speed of the traffic and the size of the sign needed to attract attention. She said she didn't know what size is needed to see at 30 mph but she fel� there must be figures and studi.es available. Mr. Mattson said it also depends on the proxi.mity of the sign to the road. Chairman Drigans stated one of the problems with the hospital parking lot is if someone turns the wrong way, it is hard to get to the proper doors because � of the curbing. He said he felt this is poor planning on the hospitals part. He said the sizz of the signs is one problem and the clearance from the ground is the second problem. He said he felt the Board has a right to put stipulations on any sign that needs a variance. He said another problem is the single post as he felt it wi11 attract kids to push it. MOTION by Wahlbexg, seconded by Plemel, to recommend to the City Council, denial of Sign ��1, to increase area from 6 square feet ta 24 square feet, for �he reason that the directional signs withi.n the property itself axe sufficient and the one on Osborne is not necessary to g3ve directions to delivery men and employees. Upon a voice vote, Exowder voting nay, the motion carried. Mx. Crowder stated his reason for voting nay is that he feels the hospital could well use the 24 square foot sign if they would remove all the other signs with the same information. � MOTION by Crowder to recommend to the City Council denial of Sign ��2, having 75 square feet but to recommend approval of a sign with 50 square feet being used. MOTION DIED FOR LACK OF A SECOND Mrs. Wahlberg stated she felt the only motion she could see on Sign ��2 was to table it and check into studies of what has been shown to be necessary. She said she thought the petitioner has failed to prove this size of a sign is necessary. • /'\, . - MOTION by Wahlberg, seconded by Plemel, to table the variance request on Sign ��2 until the applicant or studies show a need for a sign this large. Upon a voice vote, Czawder voting nay, the motion caxried. �5 The Minutes of the Board of Appeals Meeting of March 13. 1974 Page 4 Mr. Plemel asked that Mr. Haines from the hospital appear before the Board to ^ answer questions about this size sign. Chairman Drigans informed Mr..Reugh that the minutes of this meeting would go before the Council on the 18th and if the applicant wanted the Council to act on both sign requests, that he should appear before them. Otherwise the request on Sign ��2 would come back befoxe the Board on March 26th. ADJOURNNIENT : The meeting was adjourned by Chairman Drigans at 8:30 P.M. Respectfully submitted, l'1 �'� " . C� �CZ:2� . r�xY xzrrrz rf � Secxetary ,� , ,,. ,� �,, , ^ OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Pukilic Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, March 20, 1974 at 8:00 P.M, in the Council Chamber for the purpose of: A request for a Special Use Permit, SP #74-02, by David Coppernoll, per Fridley City Code, Section 205.051, 2, A; to �onstruct a second assessory building, a metal__sYied to be used for ^ storage, on the East £i3 feet of the West 334.5 feet.of �utlot A, Dennis Addition, and the West Half of the East 166 feet of the West 467.5 feet of Lot 6, Revised Auditor's Subdivision No. 10, except the South 33 feet taken for road purposes, lying in the North Half of Section 13, City of Fridley, County of Anoka, Minnesota � Generally located at 1328 66th Avenue N.E. Any and all persons desiring to be heard shall� be given the opportunity at the above stated time and place. �.� EDjaARD J. FITZPATRICK CHAIRMAN ` PLANNING COMMISSION Publish: March 6, 1974 March 13, 1974 � , . , Y ^ � Number e� � CITY OF FRIDLEY MINNESOTA PLAI�INING AND ZONING FORA4 �, /— C3 �--. `7" APPLICANT'S SIGNATURE Address / � Z- � - � � `� /} `'{ ��'I L Telephone Nwnber % �' � ' d �3 � `� � � PROPERTY Ol';NER' S SIGi•',.a'I'URE �w�� .�..—.�� Address %.� Z k ' �� /� � t� � �.� � Telephone Number ' g � ` � �� z ?�- v� � Stxeet Location of Property �3 �— � � � ��- � �� TYPE OF REQU�ST Rezoning x Special Use Permit Approval of � Prelimi.nary Pl� Approval of Pinal I'Iat Streets or Alley Vacations Other ' Legal Description of Property �ry �� 7�7� o� �' 3 3 7�j �`� "� �'�� '-�� I� h i oT �. � C� � �� r 5 /� �� s� l+� y I� � o-� �� y� � s �� o f� l- � f� �' � v�l �� 5�--` � f6 ^� �•_S S 3�f �� 1�.� , Present Zoning Classification � - 1 . Existing Use of Property S; �u C i�, F� ,-►� ��. Y' 1�w �� .t`:�-y � - Proposed Zoning Classification, Special Use, or other request �'��,;�7,c�,,v,� � �Ac.C��sc-s�.� �i � � �o;".�,� b C��r eo�r 2r��,e�� i 2 1�+ Describe briefly the Type of Use and Improvement Proposed /�'/�-��/ �T��' a� '�- � `^ 1 / ,�i ��"'i � / '�f' S�' k -u,�- 0,,._ L � �, �,,� 5' ri � ' Acr�age of Property Has the Present Applica nt Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Pe2n�it on the Sub}ect Site or Part of It? {Vhen? What was requested Fee Enclosed$ 2,�,OV Rec. No.�r�/�jr� -._..__------ Date riled � • Date of Hearing � � n . Ft�tica�t� �r�� Zocvlr�c Fo��s: t��bWr . � , 5�'v �..� " PAC� � . �► �de�'41gne6 underetande tha.t; (a) A 2�st of all resi.dents end cr�+n�rs Qi ��Q- � perty witliin 3G0 feet wust b� �►Ctaet�e� �p _ . this application. . � (b) This App�icatLon must be sf��d b�r �li ' owners of th2 gxoperry, o� En es��t�n<�4�,c�� ' �i��en k�hy thi� ia not the ��. (c) Responsibillty for arry �eiect i� the ;3�r�:- ceeding9 �CSi�l.tfn� �rom che feil�re cc� k�.�� the nacneA end n�dresses of �1� �eai��nar�� . and propert� a�ar,er� of propQrty ��,�I�=;c� :;;�.� feet of the nrop�rty in q�sestfon, ��;#�� to �he undersiuned. �.��qtp snd O�ners of �roperty within 300 fcet:� �RS�t;5 �.17bR.I;SS � . •�:� �-.� _ _ _ . � �Y� I � �l��tc�t o� pro osed � p property and struccure must be draz�n on the bACk p� �h�� 4r� or �€tach�d� shoc.f:np, the following: 1. �orth Direction 2. Locn[ioa oi f'ropo�ed Structura oa lat,� 3. Aimenslons oi prcperty� pro�po�eci ' �er.ucturA, r�nd gronC pnd side ��rfbe��.�, � , 4. Street N��e� S. Locattoa ind use of ndjacent �xi�t$.q� � build.ings (within 300 �eet). �'h� tsndera��ned hereby declarc�g that all th ''fa a and reFreseni�tiona �tated �,�, ttli.� �pplic�tion a:e Crue and correct. � �� Z L�� _ \ _......_._.,.,., S Y Gi<ATUZE � Ca.,.._.. �. � , _� (AP,. YCAiv"T) • . . . . .,,. *�*�ra*1��* �kA�tov�d 1Mnied Ey the 3oasd o� �ppeAge Sa$��c�cC to C�e �ollovi�g Condi[ion�s: . , �A�� , :y� ��'�,3y -,: � �p�psov�d '� -- Denied by the Plannia� Cos�mieoion oR �iub,�g�C Cp thc �allawin& Condition�: �� 0 0 �� ;�roved Denied by thc Council on ' . p��+�ict to the F41Low{ng Con�itic�ne; � � d�t� ' .`; .� '; �orn F� �DO a �'1 � Planning Commission March 5, 1974 MAILING LIST SP #74-02, David CoppernolT 1328 66th Avenue N.E. To allow a metal storage shed Mr. David Coppernoli Mr. & Mrs. Robert Burdick 1328 66th Avenue N.E. 1316 66th AVenue N.E. Fridley 55432 Fridley 55432 Mr. & Mrs. Robert Bridgeman 1375 66th Avenue N.E. Fridley 55432 Mr. & Mrs. Howard Leonhardt 1363 66th Avenue N.E. Fridley 55432 Mr. & Nlrs. John D. Hoppe 1351 66th Avenue N.E. Fridley 55432 � Mr. & Mrs�. Robert Lunde 1339 66th Avenue N.E. Fridley, Minnesota 55432 Mr. & Mrs. Edward Simko '� 1327 66th Avenue N.E. Fridley,. Minnesota 55432 Mr. & Mrs. David Mech 1315 66th Avenue N.E. Fridley 55432 M_r. & Mrs. George Peek 6633 Central Avenue N.�. Fridley 55432 Mr. & Mrs.�Lawrence Riewe 6617 Central Avenue N.E. Mr. Ronald Ennis 6601 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Donald Hengel 1376 66th Avenue N.E. Fridley 55432 Mr. Gerald Johnson 1358 66th Avenue N.E. � Fridley 55432 Grace Mary Larson 1340 66th Avenue N.E. Fridley 55432 Curtis A. Baraness 6581 Centr.�al Avenue N.E. Fridley 55432 Mr. & Mrs. Byron Bacon 6537 Central Avenue N.E. Fridley 55432 Ba�on Electric 6525 Ceni.ral Avenue N.E. Fridley, Mn 55432 Steiger & Gertzen Garage, Inc. 6519 Central Avenue N.E. Fridley 55432 Mr. & Mrs. P. Herbert Johnson 1381 Mississippi Street N.E. Fridley 55432 � �-�-� --.--�...,;.�. `-°..�. /+��;� 4 4, �^�+ � �� , . '3 ti � � ,,} �, � � .5: �ii{a5:1 � ,t� .r,� � u�� ''%ty,or- � - - i �''' � � p,� ,� .� RRi % 1�w.�,`. i`::� � � � �� 4 �� .: � ,�. q'` � I „ ,; {,G '� \ ��" � �an SP #74-02 David Coppernoll �� (°�V . � �•r�. l 1 . � . �� .,, `�'__ to allow a second auxilliary � c��y ��'� building at 1328 66 th Ave. N.E. n ..r�.. � � ,,,� ��- ,�;�/ _ _ ,� ,''"'!':. .3� ,,; { �t,;; �� \".�r . . . � � �. . f . .i�t<: �C/�i-^, lr f � -) \:'p , �7 ;:�. f'-i.s 's' a\ � . . .. f>..........., `....:....� ., � . vw""` ,_ _ . .. .` . - I ' vc� r� � � � � � �..,! i . ^ � �° . - . ..• � > < ,�:> ��: �.� �?, . . , � 4' '. . . ♦ ' . __'_ __'_ __�. - - . '.___ ... ; . � ." /� �: .� �� . . , � /� �' � ;• . x ^' ,, � . �� ' i:� ( X� J t'h � � �� X a �• � •. . ____ . _.. , . � �.�� y � � , s ,i (�1 �� Ci ; , � I ; oi. ' ,,,.... r.-.:, '; f S c f �A ��, � � V � � : t � . ��a i . ` a:�o! 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N • �� . �/ ��°��H �� 1"\ i yI� I SP # 74-02 DAVID COP�ERNOLL 1328 66th Avenue Northeast n � ^ � i ; � � r�,��r c,- ; „��r-.�r �� ORllINANCE # � 1911: FE:� —7 F:' ts: 2g City of Fridley ; : "C:�i :tED AN ORDINAi�TCE PROHIBITING TfiE D�STRUCTION 01� TRRES ON CITY OW'NED PUBLIC LANU IN THE CITY OF FRIDLEY EXCEPT UiiDER SPECIFIED CONDITIONS. The City of Fridley Does Ordain as follo�as: � SECTION 1. No person or corporation, public or private, including but not limited to the City of Fr.idley, its officers, employees or. agents, shall order or cause the injury or destruction of any living tree on City owned land except under the fol�owing conditions: a. For control o£ vei•ified cases of Oak 14i1t ox Dutch Elm disease as provided in Ch. 28 of the Fridl.ey City Code. b. For purposes of woo3land management., the removal of up to 3 trees p�r acre p�r year anay be permitted, but only after a managenent pian justifyiiig svch removals has been approved by the Fridley Parks and Recreation Subc.or�r.iitfee, the Fridle}t Planning Commission and the Fridley City Council. No tree removal shall be.a2lotiYed under, the provisions of this Paragraph which is not. defined in ths Plan. e. For purposes of necessary public utility construction, but only after the preparation of a detailecl plan and approval by the authoritizes named in Paragraph '!b" above.. No such plan shall be approved whlch does r�ot provide fdr reforestation and the restoration of the land to its original candition. SEGTION 2. Trees measuring less thrtn 3 znches in diameter at a point 4 ft. above ground a��c exempt from the provisians o£ this ordinance. SECTION 3. Nothing in this oxdinance shall. bE construed to prevent the � routine trimming af trees in street: xight of �•ray. ; SECTION 4. Any person who violates this ordinancc shall be guilty of a misdemeanor. The injury or destructian of each pratected tree shall be a separate violation. AFFIDAVIT' OF VERTFIC�'I'LON STATE OF b1INNESOTA ss: COUMfY OF ANOKA Reverend A;inston Nlorden, being first duly sxorn, deposes and says that he is one of the five electors that t�ave formed Lhemselves into a Committee for t:he Initiation of the foxegoing ordinancc. That said ordinance is a truc copy of the proposed ordinance which has been filed ti•ith the City Gler.k pursuant to 5ection 5.04 of the Charter of the Lity of Fxidley. That. tlic names and addresses of the mer,ibers of the Committee are as follows: 1Uinston. P�orden, . 6121 Trinity Drive, Kenneth C. Sporre, 30I Ironton, Francis R. Nash, 6415 �'an Buren, Tre��or A. Kyle, 5179 florizon Dri.ve, Pussell E. Frazier, 18I Hartman Circle. That a copy of the pxoposed orctinance anJ of this verification shall be attached to each signature paper circulated as a petit.ion. �> •s- l. • 8,��.,.,,r ^* S�Sorn to by: ��!';,��•:*�!,�•^'��^,vs /.�`" �as�"`,� �`�!,,o;J� Winston t�orden 6121 Trinity Drive Fridley, �linnesots 1 , � �r ., ' � 5ubs::rit�cd ,at}d .s�vorn to before mc t3iis `; day c�f '_�-` ��,, .;,li , 1974. ' , ;> _ `— ,, . ' , ; t � /i �' ._.___.....'_._._.�> 'i ' l �'' ._. . i; : Notarv Public Co�u�tv. hfiitn. ,---^ I � : �_ _ . ORDINANCE NO. 481 AN ORDINFINCE AMENDING CHAPTER 28 OF THE CITY CODE RELATING TO THE CONTROL AND PREVENTION OF TREE DISEASES � THE CITY COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOLLOWS: Chapter 28 of the Fridley City Code is hereby amended to read as follows: 28.01 The City Council af Fridley has determined that the health of the trees within the municipal limits is threatened by fatal-tree diseases. It is further d�termined that the loss Qf trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of tree diseases and this ordinance is enacted for that purpose. 28.02 Subd. l. The powers and duties of the City Forester as set forth in this ordinance are hereby conferred.upon the Park Director. � • ^ Subd. 2. It is the duty of �he Forester to coordinate, under the direction and control of the Couneil; all activities of , __ _ the municipality relating to the control and prevention of tree diseases. He shall recommend to the Council the details of a program for the control of tree diseases, and perform the duties incident to such a program adopted by the Council. 28.03. It is the intention of the Council of Fridley to conduct a program of plant pest control pursuant ta the authority granted by Minnesota 5tatutes 1961, Section 18.022. This program is directed specifically at the control and elimination of tree diseases, and is undertaken at the recommendation of the Com- missioner of Agriculture. The City Forester shall act as coordi- nator between the Commissioner of Agriculture and the Council in the conduct of thi:s program. 28.04. Subd. 1. The following things are public nuisances - whenever they may be found within the Citg of Fridley. (a) Any living or standing Elm tree or.part thereof infected to any degree with the Dutch Elm disease fungus Cera- tocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus {Eichh.)- or.Hylurgopinus Rufipes iMarch) . • � �,� '' (b) Any dead Elm tree or part thereof, including loqs, branches, stumps, firewood or other Elm material from which the (___� bark has not been removed and burned or sprayed with an �ffective Elm bark beetle inseeticide. b 1��, DECLARATION OF POLICY FORESTER POSITION CREATED r DUTIES PROGRAM- NUISANCES DECLARED 0 _ [I � ORDINANCE NO. 481 CONTINUED (c) Any l�.ving or standing Oak tree or part thereof ' infected to any degree with the 0ak Wilt disease fungus Cera- tocyrstris Fagacearum. _ (d) Any dead.0ak tree or part thereaf including 1ogs, branches, stumps, firewood, or other-Oak material which has not been ramoved and burned or sprayed with an effective 0ak Wilt insecticide. (e) Any other living or standing tree or part thereof infected to any degree with tree disease as determined_by the City Forester. (f) Any diseased, dead tree or part thereof including logs, branches, stumps, firewood, or other wooden material which has not been removed and burned or sprayed with an effective insecticide as determined by the City Forester. Subd. 2. It is unlawful for any person to permit any public nuisance as defined in Subdivision 1 to remain on any premises awned or controlled by him within the City of Fridley. Such nuisances may be abated�in-the manner prescribed by this Ordinance. PAGE 2 . �� ABATEMENT � t; i _� 28.05. Subd. 1. Annual Inspection. The Forester shall inspect INSPECTION & -� all premises and places within the City as often.as practicable _ INVESTIGATION � ^ to determine whether any condition described in 28.04 of this Ordinance exists thereon. He shall investigate all reported incidents of diseased trees. Subd. 2. The Forester or his duly authorized agents ENTRY ON PRIVATE may enter upon private premises at any reasonable time for the PREMISE5 purpose of carrying out any of the duties assigned him under this Ordinance. . Subd. 3. The Forester shall, upon finding conditions indicating disease infestation, immediately send appropriate specimens or samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in 28.07. no action to remove infected trees or wood shall be taken until positive diagnosis of the disease`has been made. 28.06. In abating the nuisances defined in 28.04, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or atherwise effectively treated so as to destroy and prevent as fully as possible the spread of tree diseases. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated }1y the Commissioner of_Agriculture. . DIAGNOSIS ABATEMENT OF TREE DISEASE NUISANCES +�) V ORDINANCE NO. 481 CONTINUED _ PAGE 3 � � ,�- . '' 28.07. Subd. l. Whenever the Forester finds with reasonable PROCEDURES FOR � certainty that the infestation defined in 28.04 exists in any REMOVAL OF INFECTED � tree or wood in any public or private place in the City, he TREE5 AND WOOD shall proceed as follows: � (a) If the Forester finds that the danger of infesta- tion of other trees is not imminent because of dormancy, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than five days from the date of mailing of such notice. The Forester shall immediately.report such action to the Council, and after the expiration of the time limited by the notice he may abate the nuisance, by: (1) Abating the nuisance.as a public improvement under Minnesota Statutes, Chapter 429.101, or � (2) Abating the nuisance as provided in this Sub- division. � If the Forester finds._with reasonable.certainty that immediate action is required to_prevent.the spread o� the disease, he may proceed to abate the nuisance forthwith. He ,� shall report such action immediatelp to the Citg Council and to - ' the owner of the property where the nuisance.is located. Subd. 2. Upon receipt of the Forester's report required by Subd. 1, Part A, the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider : taking action to abate the nuisance. This notice shall be mailed to affected property owners and pizblished once no less than one week prior to such meeting. The notice shall state the ti.me and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the prop�sed bases of assess- ment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confi�ning the original resolution with such modifications as it considers desirable and provide for the doing of the work by dc�y labor or by contract. Subd. 3, The Forester shall keep a record of the costs of abatements done under this section and sha1L report monthly . to the City Clerk all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. � � Subd. 4. On or before September 1 of each year the Clerk shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Ordin.ance. The Council may then spread the charges or any portion thereof against the p::operty involved as a special ORDINANCE N0. 481 CONTINUED \ PAGE 4 � ry � assessment under Minnesota Statutes Sec. 429.101 and other pertinent ^ st�tutes for.certification to the County Auditor and collection the following year along with current taxes. 28.08. Subd. 1. Whenever the Forester determines that any tree SPRAYING or wood within the City.is infected with disease, he may spray TREES all nearby high value trees, with an effective disease des-- � troying concentrate. Spraying activities authorized by th�.s Section shall be conducted in accordance with technical and expert opinions:_and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. r �;- 6 � � �,� d 28.09. It is unlawful for any person to transport within the TRANSPORT�NG WOOD City any diseased wood without having obtained a permit from PROHISITED the Forester. The Farester shall grant such permits only when the purpose of this Ordinance will be served -thereby. � . 28.10. It is unlawful fpr any person to prevent, delay or INTERFERENCE PRO- interfere with the Forester or his agents while they are HIBITED engaged in the performance of duties imposed by this Ordinanee. 28.11. Any person, firm or corporation who violates 28.D9 and 28.10 of this Ordinance is guilty of a misdemeanor and may be punished by a fine of not to exceed $3Q0.00 or imprisonment for 90 days. PENALTY � 28.12. Should any section, subdivision, clause or other pro- vision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as a whole nor:any part ttiereof other than the part so declared to be invalid. FASSED'BY THE CITY COL7NCIL OF THE CITY OF FRIDLEY THIS 215T DAY OF JUNE, 1971. I , . . .. . � , . . . - � . � (/'. .��4(��L�.Y` . . MAYOR - JACK O. KIRKHAM ATTEST: � � � CITY RK - MARVIN C. BRUNSELL .,� �. First Reading: June 7, 1971 Second Reading: June 21, 1971 � Publish.... . June 30, 1971 � / \ � . . . � . , � , � . � . � . � . . . , � ' . . r— i R y � �� , y f �� . . �..�'�' .. �` - ��.,G: _ ....__.� �.� . (Preliminary llraft - Al1 New) �� ORDI:VAI�CE N0. $23 AI�' ORDItiANCE REGULAxIt�G TIiE RE:�fOVAL Or TREES t�;ITtiII�' THL CITY AND PROVIDI\G A PE��LTY - T1iE CITY COL�ICIL OF THE CITY OF EDTNA, Ml:v�iESOTA, ORD:�I\S: . Section ].. PURPOSE AI�'D INTF.tiT. The City Council hereby finds that it is necessary to maintain and protect'the existin� urhan forest in order to preserve windbreak protection, abate soil erosion and eniiance the natural beauty of the City.and ac�opts Chis ordinance ir. the interest of the health,.safety and general welfare of the residents of tne Ci�y. Sec. 2. TREE DEFINED. For the purpose of this ordinance, TREE sha�l inean a a�oody perennial plant, usually with one main stem or trunk and many-branched, which•has a diameter of greater than si� (6) inches when measured at a poiiit four (4) feet above the ground level. . Sec. 3. KE�fOVAL OF TREES; PER:�IIT P.E�UIRET�. t�'ithout a permit there- for, it stzall be unlawful for any person, firm or corporation to remove or cut docan or authorize the cutting doc�� or destruction of any tree growin� within the CiL-y. � � .. _ Sec. 4. PEPu`1IT FOIt RE.i�VA.L OF TREES; PROCEDL'RE. .(a) �pli.cation. Any person, firm or corporation desiring to cut down or remove an}� tree growino within the Cit}• shall file an application therefor.t•:ith tne City Clerk on the form provided by him for such purpose. Such application slzall be accompanied by a fe� of Ten ° Dollars ($10.00). Each application shall include a survey showing the location of the tree er trees concerned and shall further include a state�ent of the reason for the request. Prior to submitting such application, the applicant shall nark each tree to be cut do��n or re�^oved �-Jith a red tag. / \ (b) Ins�ection. Upon receipt of suc:� application, the City Clerk sha11 foxcaard the aoplication to the City Director of Parlcs who shall promptly ins?ect such txee or trees and indicate on said appli.cation: 0 (1) The type of tree or trees and their aPproxiraate h�ights; .�� (2) The healtti or conditicn o� the tree or trees; (3) t•:hethar or� r.ot in his cp� rioz sucn re�oval is � justified tiy reason oi: (i) Good forestry pra�tice; or � �(ii) The poor he�lt:� or .^.G.^.?£-'rOL'S condition of the tree or tre��; or (iix) : Constructio:� or ot':?_ i::pro��sments being made to the oro�er � ��. The Director af Park:s shall �::reupcn for:•�ard rkce application tc ttle i'lsnnin�; �:?a?-t:�ent. - (c) r��roval_or Der.izl. Tne Cit;: �� an.^.er siiall revieTa the 2pplicat �oa together �•:�th ti?� ?-e�ort,or t'�e Direc�or of � a-rks and sY:�:ll approve or �e:�� the atiplication . based upon the s��ndards se� �or�h in Section 4.(b)(3) �. . , above to�ether �t�ith ti;e L�� s= ana ir.tent of t��s ordi- nance as }ierein set ;ar_th in ��cLion 1. Ir the a?pli- cation is den_ed b;� tne Cit�: �± ar_�!er , written notice of such action speciiyin� t::� =ate t:ereot, togEtner � witi� the reasons tt,vretor s':�� be �==ailed to the appli- c2nt at the address sno„n '_:� s�c: ap�lication., If a�preved, the C:�ty F'l�nner .Ci: GL1 issu2 the perTit to the applicant. (d) Per.nit ;�o�?-Trans:er��le; �urat:o�. Any permit granted hereunuer is r.cn--t-ransr�r��"« .-: a� shall e:�pire si:: (6) months fro:.� daLe ot issua: ce. � (e) F.estra.cted tu Snec�Lic PrQj?�=. In the e�Jent a�2rmit fOT' �iEE.' re*�ova1 lj a��::ltE-' :_= OTQG'� t0 C�T?c JZ° tFl° applic2nt Lo car.rv ou*_ so:-.z ��oject of dev�Iopment or im�z'ovPnent of the prope�t-., such permiC shall. be effec- � � tivc or�ly in co:�inection c;i�:: �:^-w aC�L'3I. BCCCi:iplis;�r�ent - of said p�oject. Sec. S. fix�•�yli�?�:G T��E£� TO Bc. ?:'.�'��"��. Prior to cutting �o�an OT' re^ovi:ng any tree or tTE'ES �ll�Si1�T1� �O 2: c'_r:ll� 1SSLACI i EY2UI'iC�PTs C:1E'_ ayplican� shall protect all. oth:�r trezs in �:�� vici�ity of those to be re- r:.ovc.d �•:hi.ch ::a;� be da::a��1 ciur.;.nr; sucti �r�e�ss'by in�t.�1'ation of. sr.o��r fencing or ct'r:er suit:ble enc�.osur�. , .SeC. �J. apP?.:SLS T:� i'�"'�(`;TT (:.1�• 4J✓:,1C�:.^.t i�t":O CGC2�i:S t11,:�SG'�.I .1t?,� ilCVGC: L;J c'?.:l 8�ii:_;E'� i.'� � OZ ii1~<::l.y GTC�TI� rccuirr-�nt, C�2G1SlOCl OL' �ai'_tCr— ^ �:.7.LZ2tl0I1 .�:'.UC D! i:�lt�. C..'�t}' 1�1�3i�ii=3` 1P. �12E.' c._..._ :i�tI'Gr10:1 ^vi t�"la_S OTG1I1�21Ct? ' *:.aY ap?��I to ti:e City Co�ncil in t:.e *:cl�...._�:� ::::strner: � � (a) .The applicant, within thirty (30) days of any such �� , such order, requirenent, decision or detezMination, shall file a written appeal with the City Clerk ' settin� fortti ttie action being appealed and the facts relating ttiereto, and the r.iailing address of aPPlicant. . � . (b) The City Council at its next regular meeting after receipt by the City Cleric of such appeal shall set . a date for hearing thereon, ��hich shall be not later than sixty (60) days after the meeting. r� notice of the date,.time, place and purpose o€ the hearing shall � be published in the official newspaper af the City at least ten (1Q) days prior to the hearing. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same or a specified future meeting thereof. 5ec. 7. ArfF.?�D;IENTS TO APPLIC�ATIO:�. The applzcant may amend his application so as to reduce the number of trees to be renoved at any time prior to final determination of an appeal b5� the City Council, and the City Council shall consider and decide any appeal based upon the application as amended. apply .to: Sec. 8. EXE:iPTIONS. The provisions of this ordinance shall not (a) The'removal of trees by or at the direction of the Gity of Edina or any department or administrative official thereof; (b) The removal of trees pursuant to Ordinance No. 1035; (c) The removal of trees pursuant to an r'lpvroved Plan under Ordinance No. 817. Sec, 9. PE:dALTIES. Violation of this ordinance shall be a mis- demeanor punishable by a fine not to exceed $300.00 �er tree illegally re- irioved or left unprotected�, or imprisonment for not more than ni,nety (901 days, or both, and in addition payr�ent of all costs of prosecution and ex- penses involved in the case. Violation hereof shall also be grounds for ' revocation or suspension of any pernit granted for the construction or re- modeling of buildings or for the subdivision of land. � Sec. 10. This ordinance shall be in fu11 torce and effect fron and upon its passage and publication. ' -3- � �- �� oi � �' ��i�c t e� . ��a�e�° vr�ctc �� i c� �...`--- _ '_.. ��-=`- _ _ - - ��:� _ . �� _�_�. � � � �, �� :�'�.' f .. � ------ : yLL3CM�NE �1 -�'' �°'� '1�� . - �• � �� '� — -�------..-*. � i o � _ t , � �� NOON BLDG., 524 EAST MAIN STREET, �\.. r. S' � � � --- j ..LL '�-.. • . •- . j . � ANOK�1, MlNNESQTA 55303, TEL. 42]-2503 � February 1974 T0: City Engineers, Consultants� Bualdi.ng Inspectors, Mayors or Chairmen, and Planning and Advisory Commissions This handbook was developed by the Metrapolitan Association of Soi1 and Water Conservation Districts located in the area of inetropolitan Minneapolis and St. Pault Minnesoia. The districts are Anoka� Carver, Dakota, Hennepin, Scott and. Was�ington. Under the Soil Conservation Disiricts �.aw as amended, Chapter k0.a7, suba, 2,� A district may conduct surveys, investigations and research relating to the character of soit erosion and the preventive and eontrol measures needed, ..... and disseminate information conCerning such preventive and contral measures .,.,. The six metro districts have joined hands to provide a united front to make the public more aware of erosion, sedimentation and pollution problems caused by changing a landscape from agricultural to urban residential� commercial and industrial vnes. The primary purpose of ihis handbook is to help municipal and other offa.eials develop and administer sediment and erosion con�rol prograrns in urbanizir�g areas. It contains guidelines� standards, definitions and suggestions which can be used by planning cornmissions� township supervisors, county gnd municipal officials, developers, contractors, engineers and others in minimizing erosion and sediment sittatifln. We hope this handbook will be of use to youe Any comments you might wish to make on other informatian that mi�ht be included would be appreciated, We pIan to make a revision of this handbook at a future date. Additional c�pies are available for $1.50 each at the Anoka SWCD office in the Noon Huil.ding. Sincerely, , �, � ; x� � � . ��+;,vG�e.i .,..- �-�. f � ,� . , LyYe Bradley �� Chairman� Board of Supervisors Enclosure � �