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PL 09/24/1975 - 7519� 0 � ��. 0 /'�1 �� . _ .� CITY OF FRIQLEY AGENDA PLAIdNING C4MMISSION MEETING SEPTEMBER 24, 1975 7:30 P.M. CALL TO ORDER: PAGES ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: SEPTEMBER 10, 1975 1- 25 VE HUMAN RESOURCES COMMISSION MINt1TES: SEPTEMBER 4, 26 - 32 RECEIVE APPE{':'_S COt�lMISSIOFd MINUTES: SEPTEMBER 17, 1975 33 - 43-A RECEIVE COMMUNITY DEVELOPMENT COMMISSION MINUTES: SEPTEMBER 44 - 48 17, 1975 RECEIVE ADMINISTRATIVE STAFF REPORT: 7741 BEECH STREET N.E. AT h1EETING By: Paco Masonry For: S�eculative Warehouse RECEIVE ADMINISTRATIVE STAFF REPOR7: 5820 MAIN STREET N.E. AT MEETING By: Kurt Manufacturing For: Addition to office and � manufacturin.g plant 1. PUBLIC HEARING: RE UEST F0� A SPECIAL USE PERMIT, SP 49 - 55 � 75-24, BY VILNIS VILINSKI To ex�and the sale of mobile homes to include ali of Lot 3, Block l, Central View Manor 2nd Addition, per Fridiey City Code, Section 205.102 (3,N), the same being 7355 Highway #65 N.E. 2. PUBLIG HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP 56 - 62 #75-25, BY WIN STEPHENS DATSUN NORTH: To allow the expansion af the sale of new and used cars to include the North 100 feet of the East 200 feet of Lot 2, Block 2, East Ranch"� Estates 2nd Addition, per Fridley City Code, Section 2[�.101, (3,B) and (3,G) in a C-2 zone (general business areas),�t�e same being 7810 University Avenue N.E. 3. LOT SPLIT RE�UEST, L.S. �75-07, BY WIN STEPHENS DATSUN N�RTH:63 - 65 Split off the �r'orth l00 feei of the East 200 feet of Lat 2, Blaek 2, East Ranch Estates 2nd Addition, to allow for expansion of a new and used car iot at 7810 University Avenue N.E. ZOA, #75-04 4. PUBLIC HEARING: REZONING RE UEST, SY NOLID�Y VILLAGE NORTH: 66 - 70-� Rezone from M-1 iight industrial areas and M-2 heavy industrial areas to C-2 (general business areas) or C-2S �general shopping areas}, so that zoning evill conform to � the present use of the proper�y, on that part of Lot 13, Auditor`s Subdivision No. 155 located between I.694 and 57th A venue N.t. and Hain Street and Universiiy Avenue, •�he same being 250 57th Avenue K. E. � n n � � ^ �, � � � Planning Commission Agenda September 24, 1975 Page 2 5. � PAGES 71 - 76 of the West 162.24 feet as measured along the North and South lines of Lots 4, 5, and 6, Block l, Spring Lake Park Lakeside Addition, generally located between 75th Avenue and 76th Avenue N.E. on the East side of McKinley Street. 6. CONTINUED: REVIEW OF NEW JUN�RDINANCE, SECTIDN 1 22 77 - 85 Memo from Jim Hi]1 .. 79 Exerpt from Environmental Commission w/recommendation 81-82 Section 114 Abandoned Motor Vehicles (current code) 83-84 Chapter 39 JUNK VEHICLES (eliminated in recodification) 85 7. CQNTINUED: REVIEW OF P�OPOSED CHANGES IN SECTION 115, 86 - 96 SWIMMING POOLS Present Section 115 Passed onto Plan�ing Commission from Environmental Comnission without recommendation ��8. RE'JIEW CALENDAR QATES FOR COMMISSION MEETINGS � �� .. �� J � f - ;��,/� � . {J� �J ;�� y. � �� f`� �� i-� � r � � �$ �� ;� , -� �,� � � � � � � -��' � � � `� *� � , ��'° , � �. l � � �� . , � � f� : � ^ r'1 /"� �, CITY OF FRIDLEY PLANNING COMMISSION MEETING SEPTEMBER 10, 1975 CALL TO ORDER: Chairman Harris called the meeting to order at 7:30 P.M. ROLL CALL: n PA�E 1 Members Present: Harris, Scott, Bergman, Langenfeld Members Absent: Drigans, Peterson Others Present: Virginia Wahlberg, Vice Chairperson of Appeals Commission Darrel Clark, Community Development Administrator Steven Olson, Environmental Officer APPROVE PLANNING COMMISSiON MINUTES: AUGUST 20, 1975 Mr.� Scott said the Ordinance number on pa.�e 19 of the minutes should b� No. 584 instead of 594 and on page 21 of the minutes the date in the first paragraph should read January 1, 1969 instead of January 1, 19b0. He said these were just typographical errors. MOTION by Langenfeld, seconded by Scott, that the Planning Commission minutes of August 20, 1975 be approved as corrected. Upon a voice vote, a11 voting a.ye, the motion carried unan.imously. RECEIVE HUMAN RESOURCES COMMISSION MINUTES: AUGUST 27, 1975 Mrs. Wahlberg said she took exception to the statement in these minutes that no other subcorronission had addressed �hemselves to the probJem of the billboards. She said as she was representing Mr. Drigans at this meeting, she thought she should sicate that the Appeals Commission had spent a lot of time discussing the billboards. Mr. Scott said he hadn't seen any of this discussion reflected in any of the minutes since the reorganization of the Planning Commission. Mrs. Wahlberg said their discussions were mostly before that time, but Mr. Drigans had discussed this with the Appeals Commission after the adjournment of one of their meetings. She said their regular secretary had been on leave of absence, and they had had a series of temporary secretaries so their minutes hadn't always reflected the d,iscussions they had had. Mr. Scott said the point he was making was that the Commissioners were not voting the consensus of the other members of their Commissions. He said this was based on � what was in the minutes of these Commissions which was all he had to go by. C�+ie said there would be some corrections to these minutes, but they would be included'�in their next minutes. � MOTION by Scott, seconded by Bergman, that the Planning Commission receive the minutes of the Human Resources Commission meeting of August 2Z, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. ' RECEIVE PARKS AND RECREATION COMMISSION MINUTES: AUGUST 25, 1975 � MOTION by Wahlberg, seconded by Langenfeld,.that the Planning Commission receive � the minutes of the Parks � Recreation Commission meeting of August 25, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. _ Planning Commission Meeting - September 10, 1975 Page 2 Mr. Clark said there were two items in these minutes that originally required ^ action on. � . a. TR #75-02, by Arnold L. Aune, 6321 Jackson Street N.E. for permission to remove a tree from the boulevard. Mr. Clark said Mr. Aune had called him about this tree the day of the Parks & Recreation meeting. Because t,hey only meet once a month, he advised Mr. Aune �o attend this meeting with his request so that if he needed the approval of the , Parks & Recreation Commission, and the Planning Commission and Council, in order to comply with the tree ordinance, the process would have been started. Mr. Clark said that since that time he had received a legal opinion�from Virgil Herrick an this request. He said that in a memorandum to Richard Sobiech from Virgil Herrick dated September 5, 1975, Mr. Herrick had stated that tie was in the opinion that the trees on street boulevards were on private property, inasmuch as the adjoining landowner owns the fee title to the property. The City merely has an easement for street purposes. He did not feeT that this situation fell within the scope of the City ordinance prohibiting the City fror�. cutting trees on publicly owned property. Mr. Clark said Mr. Aune had been so advised. . MOTION by Bergman, seconded by Wahlberg, that the Planning Commission receive the memorandura from Virgil Herrick ta Richard Sobiech dated Septeinber 5, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. b. Hockey Association of Fridley request to appear before Council to discuss having ice maintenance do��e ai night and other aspects of the Hockey program. ^ � �; Mr. Clark said this second item was more a budgetary item between the Parks & Recreation Department and the City Cauncil. Mr. Scott said he just wanted to voice his concern on how the money was,spent in the recreational program. He said he was not concerning h�mself with established budgets, or trying to slow anything down, but he said that in considering a new budget, it should be watched .so�it did not�violate the Minnesota Human Rights Act. Mr. Harris asked if there was anyone present from the Hockey Association. There was no response. RECEIVE APPEALS COMMISSION MINUTES: AUGUST 26, 1975 MOTION by Wahlberg, seconded by Bergman, that the Planning Commission receive the minutes of the Appeals Commission meeting of August 25, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE COMMUNITY DEVELOPMENT MINUTES: AUGUST 27, 1975 MOTION by Bergman, seconded by Wahlberg, that the Planning Commission receive the minutes of the Community Development corrun.ission meeting of August 27, 1975. Upon a voice vote, a1I votinq aye, the motion carried unanimously. Mr. Bergman_said�there was an item in these minutes which he would liKe to pass n on to the Planning Corrmission and this was in regard to Clty Code�.violations. 'We had ' � a discussion from a Community Development base on�housekeeping violations,_.nuisance violations, etc.; the thrust being, that the City depends. too much upon�private citizens to call in camplaints � without wh�ch nothing happen�,, An idea was agreed to that �t Planning Commission Meeting - Sepember 10, 1975 Page 3 ^ would be a benefit if City administrative people, who normally during regular business hours, spend some time driving here or there, throughout the City, ratMer than just � passing by, be advised that they have a responsiblity when they see obW��us violat�ons to the code as regards housekeeping and nuisance violations, to report these to the proper people so that action could be taken, without having to wait until some � neighbor ge ts al!1! upset before he calls City Hall in a.very irritated fashion, before some-action was taken. � /�` � �- MOTION by Bergman, seconded by Scott, that the Planning Commission request of Council that members of the City administration be asked to be attentive to the housekeeping and other nuisance type violations during their normal business travels and that these people be advised that they have a responsibility to report these vioZations to the responsible people at City Ha11 so that some action may be taken. Mr. Langenfeld asked �r. Bergman if he was suggesting that this be a'drive-by' inspection? Mr. Bergman said he would have to know Mr. Langenfeld's definition of a drive-by inspection. Mr. Langenfeld said that if they were driving the normal speed limit; he didn't think they would see the violations. He said he wondered if Mr. Bergman was trying to make the staff inembers a patrolling unit. Mr. Bergman said his anstiti��r would be in the affirmative, but in a secondary v�in. This would not be their pr�i��ary job. He said that this was the intent of the motion. Mr. ��=drris said he thought Mr. Bergman should define staff. Did he mean all City employee=; �4�j� just staff people. Mr. Bergman said the intent of the motion was to include ��1 employees. Mr. Clark said that if an.employee saw�a dog running loose and it wasn't bothering anyone, or saw garbage cans on a curb, they probably �t0��.dn't report that, but if they saw a tree down in the boulevard, or a blind intersection, or something of that nature, they do report it to the proper people now. He said that what had happened in the past, when we have gone out knocking at doors and asking people to comply with the ordinances, we got accused of harassment. He said he thought there were just as many code violations'in Fridley as there were trees, and it had taken several people just to enforce the tree ordinance. Mr. Scott said the Council has already addressed itself to this problem. He said this was in the Newsletter. Mrs. Wahlberg asked Mr. Bergman what prompted this action by the Community Development Commission? Mr. Bergman said one of the Goals of this Commission was to make Fridley an inviting residential area. From that base, one of the members brought up eye-sores, nuisances and trash piles, etc. and when he asked why something wasn't done about this, he was told that apparently no one had called up and complained. This member said that what�he was referring to was a flagrant violation, and he thought that City employees who drove through this area, couldn't help but see it, and he thought they should report it, rather than a neighbor, anu po�sibly start a neighborhood feud. They didn't think that an obvious eyesore should have to wait until a neighbor got so agitated that he called City Hall in a huff. Mrs. Wahlberg said it was her opinion-that this was already a staff policy and all it would need to be was a restatement that this should be done. She thought this should be a reaffirmation rather than a wateh dog or a police state. Mr. Langenfeld said he�understood the intent of the motion, but he personally felt this was the worst sort of public relations we could have, and he could not vote for this motion. Mr. Olsan said that he handled most af the complaints they were talking about in this motion. He said he relied on the police and the inspection department and other �� Planning Commission Meetinq - September 10, 1975 __ Page 4 departments to alert him to problem areas in Fridley. He also relies an citizen ^ and�triedenot�tohupsetethe�neighborhood�balance,nbecause the�f�rsththingrhelwas �' asked when he responded to a complaint was "who camplained°, even when he noted the violation on his own. . Mr. Bergman said does and does not do, citizen complaints. he didn't want to get into an argument on what the City but the sense of the motion was that they rely too much on Mr. Scott said he was glad he had seconded the motion so they could have this discussion, but he would rather have it a reminder to the City staff that they should � be aware that code violations should be brought to the attention of the prop�r.staff person. Mr. Harris said he thought they might be opening a can of worms, because �e. didn't think there was any building in Fridley that wouldn't violate the Code in some instance. Mrs..Wahlberg said she would go one step further and say that there was not one citizen that knew all the ordinances in the Code either. Mr. Clark said he knew that the City employees didn't. Mr. Harris said we may run into a s�tuation where we have 33,000 people with 33,000 violations. He said he felt the low key approach of Mr. Olson was the best way to handle these violations. Mr. Bergman said we aren't asking for nit-picking or witch hunting. We are talking a6out flagrant violations of the City Code. The motion was reviewed and Mr. Bergman said he would withdraw his,motion and make a new motion with the concurrence of Mr. Scott. THE ORIGINAL ��MOTION by Mr. Berqman, seconded by Scott, WAS WITHDRAWN. �� MOTIOr] by F�r�m�n., seconded by Scott, that the Planning Commission recommend to Council fhat members af the City staff while in the course of their normal work, vzho may notice flagrant violations in housekeepinq and nuisance violations, be requested • to report same to the proper:City officials, and that these City Administrative peeple be a.Ierted to an awareness of this responsibi3ity.� Upon a voice vote, a11 voting a�e, the motion carried unanimously. RECEIVE ADMINISTRATIVE STAFF REPORT 6500 University Avenue N.E. Phillips Petroleum Company General Description: : . �� 7his permit is for the remodeling of the existing Philiips Service Station at 6500 University Avenue N.E.. The remodeling cai�s for the elimina- tion of the existing projecting canopies,�the construction of a new ranch s�yle gabled roof.stotie facing on a71 four sides.of �he building, and the installation of decorative lighting fixtures. It wi�l1 also provide for addi�ional landscaping on the property and the pouring of concrete curbing. Engineering: � - . . � We don'� anticipate any engineering problems with this prape�rty. . � j"'�� Traffic flow will remain pretty much like it is and �,rill continue to flow �'`. relatively smoothly. . � � � T� P1_anning Commission Meetinq - September 10, 1975. �� Pa,qe 5 Environmental: We feel that the proposed project will improve the quality of the surrounding area, and will be an asset to the areas, as well as provide the �impetus for more area beautification projects. Building Permit Stipulations: 1. All curbing and landscaping shall be complete one year from the date of the issuance of the building permit. 2. Landscaping Plan must be improved by the Planning Department before the landscaping work begins. Mr. Clark said this was the Ph.illips Service Station in the Holly Shopping Center. He said that the canopy that now goes over the pump island will be removed. Mr. Clark said the plan he was presenting was a plan they had brought in about a month ago, and since then it had been revised. He s�:.id the brick shown on the front of the building underneath the windows will be continued around the sides and the back to the entire building will be brick facia, instead of stone. The gabled ar pitch roofs are not going to be placed on it. It will remain a flat roof, but they are going to,put a mansard around the structure. The staff felt that this would be a big improvemeni to the area. � Mr. Bill Martin, representing Phillips Petroleum Company, asked if live landscaping meant that they had to have plantings along with the sod• Mr. Clark said the iandscape plan would have to be worked out with Mr. Boardman. Mr. Martin said it was hard to � maintain plantingsin an oil station area because of the piling of snow in the winter. � Mr. Clark said there were other treatments that could be used. He said they could probably use large boulders with posts and,rock, or plants that only require maintenance 2 or three times a year. Mr. Clark said �the area behind the station would be sodded. Mr. Martin said they wanted to reduce the sodding behind the station so they could have three more parking stalls back there, and they would reduce the parking in front of the station by three stalls. Mr. Clark said he thought that could be worked aut. MOTION by Scott, seconded by Wahlberg, that the Planning Commission receive �rzd approve the administrative report for the remodeling of the Phillips Petroleum 5tation at 6500 Un�versitz� Avenue N.E. Upon a voice vote, a11 voting aye, the rnotion carried unanimously. RECEIVE ADMINISTRATIVE STAFF REPORT: 7421 Central Avenue N.E. Propdsed Office building with storage area By: A.J.L.S. Investment Company General Description: This {�ermit is for the construction of a new two stary office.builuiny with accessory �torage facilities at 7421 Cent�°al /�venue N.E. TF�e building will have approximately l0,OQ0 square feet of office spac^ �,rii;h 9,5��0 square feet of storage facilities which are accessroy to tt�e o�ffice use. 'The property is presently zoned C-1S and meets all of the rec;uiremerrts af the district. ��he building �rill be a block builcliny ��ith design variatiun. in different decorai:ive block. They will be providin� a tota1 parking capaci�:y for 44 stalls. (44 required). The landsca��ng is approved according to i:he approved site plan. Planning Commission Meeting - September 10, 1975 �Page 6 � Engineering: ^ There doesn't appear to be any major engineering problems. Drainage on the South parking lot will have to be studied further by the Engineering Department for appropriate recommendations to the builder. � Environmental: We don't foresee any detrimental environmental effects with the construction of this project. Building Permit Stipulations: 1. Work with the Engineering Department in order to facilitate appropriate drainage off the South parking lot. Mr. Clark said this plan went through the Appeals Commission, Planning Commission and Council, because there were variances needed, and now it was coming through�wi�th the final architectural plans for the building. He said the Planning Commission may have recalled that when this got to the Council there was some concern over the storage area behind and East of the office portion of the building. He said this building would be used by electricians, plumbers, and other such trades, where they would need a storage area for their vehicles and products. He said we have read the ordinance and explained it to the petitioner. He said the storage area was an accessory use to the office building and meets the code. � � ^ Mr. Clark said this wauld be a 2-story office�building and there would be a 6' high fence between this office building and the residential area behind it. He said the reason they needed a variance was because this building was surrounded by � streets on three sides. He said the petitioner would not be using berming, and they' were trying something different, in that there would be hedges instead. He said the driveways would be on Onondaga and Fireside, with no direct access to Central avenue. He said this building should not generate high volume traffic. Mrs. Wahlberg said there had been discussion at the Appeals Commission level about someone doing light industrial work in this storage area. Mr. Clark said he could give no guarantee that this storage area would never be used for that, but there was a need for this type of commercial building, and if it was used for that, it could be stopped. Mr. Scott said he thought this was an improvement to this general area. MOTION by Langenfeld, seconded by Wah�berq, that the Planning Commission reaeive and approve the administrative staff report for a cammercial building to be located at 7421 Central Avenue N.E. Upon a voice vote, a11 voting aye, the motian carried unanimously. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-23, BY PETER J. LONG: Per Fridley City Code, Section 205.051, 2,A, to allow the construction of a second . accessory building,.a 13' x 22' garage, on Lot 11, Block 4, Rice Creek Terrace /^� Plat 6, the same being 6721 Madison Street N.E. � � Mr. Long was not present. . MOTION by Scott, seconded by Bergman, that the Planninq Comrr►ission open the Plannin� Commission Meeting - September 10, 1975 Page 7 � Public Hearing an a request for a 5pecial Use Permit, SP #75-23, by Peter Long. Upon � a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing open at 8:40 P.M. Mr. Clark said this would be the second accessory building on this property �in excess of 240 square feet. He said that when Mr. Long came in for a building permit, he was informed that a special use permit was required first. Mr. Clark said the notices were mailed out on the 26th of August, and on the 27th of August a neighbor called in and asked that if he wanted to object to this request, what � good it would do, when the structure was already up. Mr. Clark said he went to the � property on that day, and found the garage almost completed. He then red tagged it until the Special Use Permit had been approved by the Planning Commissi�on and Council, � � and a building permit could be issued. He 5aid that he did note�chat this garage met all the �e airements of the State Building Code. He said that when Mr. Long was in � 4 the office, he made the statement that this second accessory building would be used to � store a boat and he didn't intend to have a driveway, because he would only be moving ; this boat two or three times a year. Mr. Edward Hamernik, 6740 Monroe Street N.E., said he was a neighbor, and he had no objection to this garage being built. Mrs. Chris Bakeberg, 6730 Monroe Street N.E. said she had no objection to this request either. Mr. Harris asked if they wanted to table this item because the petitioner wasn't present. Mrs. Wahlberg said it was the policy of the Appeals Commission to table an item when the petitioner did not appear. Mr. Clark said he agreed with that, but it � was getting late in the year for construction, sQ `perhaps they cauld make a recor�nendation � that the petitioner must appear before the Council to answer any questions they might have, before the Special Use Permit was approved. Mr. Langenfeld said he would like to have it in the record that the Planning . Comnission did not approve of the situation where someone had already commenced construction without going through the proper �rocedures, and then because it was getting late in the season, rush, rush, rush. Mr. Clark said he had made that statement, but if the Planning Commision wanted to table this item until the petitioner did appear, that was fine also. MOTION by Lanqenfeld, seconded by Bergman, that the Planning Commisszon close the PubZic Hearing on the'request for a Special Use Permit, SP #75-23, by Peter Long. Upon a voice vote, aZl voting aye, Chairman Harris declared the Public Hearing closed at 8:50 P.M. Motion by Langenfeld, seconded by Bergman, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #75-23, by Peter J. Long, per FridZey City Code, Section 205.051, 2, A, to a11ow the construction,of a second accessory building, a 13 ft. by 22 ft. garage, on Lot I1, B1ock 4, Rice Creek Terrace Plat 6, the same being 6721 Madison Street N.E. with the stipulation that this building would not in any manner be used for a home occupation. MOTION by Scott, seconded by Wahlberg, to amend the motion requesting the petitioner � to appear before the City Council before approval of the Special Use Permit, and a � building permit was issued. . Upon a voice vote on the amendment, e11 voting aye, the amendment carried unanimously. ' Planninq Commission Meeting September 10, 1975 Page _8 Upon a voice vote on the amended motion, all voting aye, the amended motion passed unanimously. � 2. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-13, BY �� NAEGELE OUTDOOR ADVERTISING COMPANY: To allow the continuation of an existing � billboard on Parcel 3000, in the NW Quarter of the NW Quarter, except the North 16.6 acres, of Section 2, T-240, R-24, per Fridley City Code, Section 214.042, the same being 8410 University Avenue N.E. /'ti � Public hearing open. STAFF REPORT Location: 8410 University Avenue N.E Comments: Lease runs to 5/1/84 Date of Sign Permit: 1/9/69 Owner: Naegele *1. Height (25') 10' Base / 25' Top - 30' from University Center line 2. Area (300) 12' x 25' 3. Distance Bet. Signs (500') Meets Code --� 500' 4. Setback from Street R/W Lines (30') Meets Code ---� 30' 5. [:� Distance from Street Intersection (500') Meets Code -- � 500' Distance from Residential Uses (500') Meets Code --- � 500' 7. Condition Status (all metal) Steel and Fluorescent **8. Zoning (C-2S, M-1, M-2) C-2 *Non-conforrning to existing ordinance **Non-conforming to zoning requirements Chairman Harris reviewed the staff report. Mr. Jim Shaw, Director of Community Relations for Naegele in the Twin Cit�es, was present to represent the petitioner. . � Mr. Shaw said this sign was just immediately North of the Fridley Golf Range. ' Ne said they had advertising space for rent on the South side, and the City of Fridley had the North side. Mr. Shaw said that Naegele found themselves in a very difficult position at the present time. As to the size of the billboards, they were all legal at the time they were constructed. The ordinance was passed after these signs were in existence. The predicament we find oursel+�As in was because cities, from time to time, do change their laws, but they don't usually penalize those who had lived up to the previous laws in good faith. This was what was happening to the siyn companies. We constructed these signs in good faith, and now we were being penalized. Ne said he had a retorical n chantedntheir codeuas to setback,aheightrandsareascoverage,cheswouldeassume that1Fridley /� 9 wouldn't require these existing structures be torn down because they had changed their code. They would allow these structures to remain unless they desired to rebuild or relocate. He said the City was using a different set of rules for the billboards. /'� � Planning Commission Meetinq - September 10, 1975 Page 9 They are asking the sign companies to live.up to the new code with old structures. Chairman Harris said 1969. It stated that all September 15, 1974 unless Naegele had been negligent time. Mr. Clark said but the zoning was was developable. the ordinance we are trying to free standing signs would have they had a Special Use Permit. in not trying to resolve this enforce was passed in to be removed on or before Mr. Shaw said he knew that problem long before this that when this sign was constructed, this area was zoned M-1, changed about three years ago. He said the land was vacant and MOTIDN by Bergman, seconded by Langenfeld, that the Planning Commission close the PubZic Hearzng on the request for a Special Use Permit, SP #75-13, by Naegele Qutdoor Advertising Company. Upon a voice vote, a1I voting aye, Chairman Harris decZared the Public�Hearing closed at 9:12 P.M. MOTION by Be.r.gman, seconded by Langenfeld, that the Planning Commission recommend to Council �pproval of the request for a Special Use Permit, SP #75-13, by Naegele Outdoor Advertising Company, to a11ow the continuation of an existing billboard on Parcel 3000, in the NW Quarter of the NW Quarter, except the North 16.6 acres, of Section 2, T-30, R-24, per Fridley City Code, Section 214.042, the same being 8410 Universit� Avenue N.E. with the following stipulafions: � 1. When this property �s developed, the advertising sign located upon it will have to be removed. . r..,� 2. When this advertising sign �s destroyed or damaged by an act of nature, vandalism, or other means, this sign cannot be repaired or rebuilt and wiZ2 have to be removed. 3. This S�eciel Use Permit subject to annual review. 4. This billboard be maintained in good quality condition. 5. This billboard be removed on or before the termination of the lease dated May 1, I984. Mr. Scott said he would vote against this motion because he wished to recognize ` the role which planning and zoning play in our municipal efforts to guide future development of land so as to ensure a pleasanter and more economical environment in which our residents may live and work, and base this exclusively on aesthetics on the € ground that the pleasant appearance of our community has a direct and beneficial effect = on property values and on the well=being of our residents, and this inevitably promotes � the general welfare; and to quote from the Environmental Commission goals and objectives = of their August 13, 1975 meeting, "to encourag� productive harmony between man and his environment and assure for all people i� the City of Fridley, a safe, .healthfu.l � roductive�, aesthetically and culturally pleasing surrounding". j Mr. Langenfeld asked Mr. Scott as Chairman of the Human Resource Gommission how • he felt about the statement he had just made as to violating the freedom of expression ^ and the use af this media for advertising. Mrs�. Wahlberg said that part of this � statement was to ensure a more pleasant and economical environment and she had a question that if a resident and businessman ofi:.the City of Fridley.used these billboards ; for advertising, wouldn't this statement be denying him a more econamical environment ; by denying him the opportunity to advertise on a billboard in the City of Fridley. � _ , �� n � �^ Planninq Cor�nission Meetinq - September 10, 1975 Page 10 Was it not infringing on his economic environment by denying him this use? Mr. Scott said that any business you enter into has certain risks. He said that in putting up a power station, which might be a pollutant, so it might be economically unsound to the people in the area if this was allowed. He said he believed in freedom of expression, but this did not give you the freedom to be offensive. Mrs. Wahlberg said she thought Mr. Scott was equating health environment with visual pollution. Mr. Scott said that was just an off the cuff statement to show how something could be�uneconomica1 as far as environment. He said that if the Planning Commission wanted to get into economics, he would be willing to discuss that. He said his Commission and the Chamber of Commerce had only gone into a generaliz�tion of economics, but not on any particular sign. Mr. Scott said the problem he had been having with these billboards was in saying yes to some.of tl�em and no to some of them, was because he felt certain that if the Planning Commission didn't say yes to enough of them, we would prob�bly end up in court. He said that what he was trying to do was to take a position that could be defended in court, if we have to go. He felt this was their responsibiTity. He didn't think.the City should be put in the position where they have to say yes to any given amouni of billboards. He said he wasn't against billbaards, and although some billboards weren't as objectionable as others, he felt there wasn't enough difference in them to say yes on some and no on some, and defend that position in court. He said is statement had been accepted by the courts in three states, and maybe it could h 1� � up in the Minnesota courts also, although no one knew that at this time. �p,� Mr. Langenfeld said he wanted it noted that in the Human Resources meeting of � August 21, on page 4, there was a statement that the Commission felt very strongly against billboards. Mr. Scott said they had gone through the same discussion that we have had here, but that t�ese were not verbatim minutes. He said there were members of his Commission who didn't find billboards too offensive, but they felt the City was in�a trap. He said he Wasn�tdenying Naegele the right to challenge us in court, they have that right, but he was trying to take a stand that would be defendable in court. Mr. Bergman said his view was that we were not here to decide whether or not `Fridl�y will or will not have billboards. He said the City Code does allow for bill- boards, it just happens that the existing billbaards are in violation of the City Codes. He eaid he thought the Planning Commission was trying ta differenciate between the weightiness of the violations in each case. He said this particular billboard was only 5 feet over the hight requi'rement and was built in the proper zoning at the time it was constructed. This particular billboard was in lesser violation than some of the others we have considered. fiPON A ROLL CALL VOTE FOR APPROVAL, Harris, Wahlberg, Bergman, Langenfeld voting aye, Scott na�, the motion carried. 3. CONTINUEQ: PUBLIC HEARING: REQUEST FOR A Sf�ECIAL USE PERMIT, SP #75-14, BY , NAEGELE OUTDOOR ADVERTISING COMPANY: To allow the continuation of an existing n billboard on Lot 18, Revised Auditor's Subdivision No. 77, per Fridley City Code, �' Section 214.042, the same being 7357 East River Road N.E. Public hearing open. � /'1 Planninq Commission Meetinq - September 10, 1975 Page 11 Mr. Shaw said that at no time was Naegele Outdoor Advertising Company threatening' anybody with anything. We are trying to resolve a situation, both the sign companies and the Planning Commission. He said he was opposed to two of the stipulations. One was that the sign be removed when the property was developed, and the other that the sign be removed at the termination of the lease date. He said he knew the zoning had been changed in a number of areas. He said he didn't think anyone in this community, either here now, or to come, co�ald afford to come in and make an investm�nt, and looking at the whims (he used this word_ loosely) of changes in zoning, would want to be faced with having to tear down their commercial enterprise. He said that was what had happened to the sign at 8410 University Avenue. This was built in the proper zoning, and now that the zoning had been changed, we are supposed to tear down this sign. Mr. Scott said there were risks in any business, and this was not a whim. The sign ordinance was enacted in 1969, which was six years ago, to allow for amortization, which your comp�ay does not recognize. He said that having a commercial building rezoned to a diff�rent use was less risky than having the lar�d where a billboard was located being rezoned. He felt that the citizens have the right to change their minds. Mr. Bergman said he was trying to take into consideration the point made by Mr. Shaw, He said this sign was constructed in 1969 and the lease ends in 1984, so this was 15 years. � Mr. Shaw said he still felt that you couldn't do business if you were subject to the whims of rezoning. He said he felt the ordinances were passe.d to protect the � health, safety and welfare of the community and not to cause a risk for any business. /'1 � STAFF REPORT r''1 � Location: 7357 East River Road Siqn Permit Date: 10/19/60 Owner: Naegele Corr�nents: Lease runs from�year to year, expires this year 10-22-75 1. Height (25') 10' Base /22' Top 2. Area (300) 12' x 25' Single Face *3. Distan�e Bet. Signs (500') 70' from sign that will be removed 4. Setback from Street R/W Lines (30') Meets Code -- 3 30'. *5. Distance from Street Intersection (500') 340' to Glen Creek Road and E. R. Road *6. Distance from Residential Uses (500'). Residential across E.R.R. and to South � 100' to R-1 district 7. Condition Status (All Metal) Steel & fluorescent **8. Zoning (C-2S, M-1, M-2� C-1S *Non-conforming to existing ordinances **Non-conforming to zoning requirements _. .Chairman Harris reviewed the staff report, noting that this sign did not meet 4 of the eight criteria. He said it would meet the distance between signs when the other sign was removed. He asked Mr. Clark what that meant. Mr. Clark said there were two Naegele signs in this area, and they have agreed to remove one sign and have Planning Commission Meetinq - September 10, 1975 Pa e 12 �' not applied for a Special Use Permit for that sign. � Mrs. Wahlberg asked if there was a date set for the removal of the other sign. Mr. Shaw said the limbo situation that they have been operating in made it difficult . to make any decisions until we know what was going to happen to these Special Use Permit requests. Mr. Scott said that what Mr. Shaw was saying was that if this sign was allowed to remain, they would remove the other one. Mr. Langenfeld said it was his feeling that by putting a termination date on all these billboards, that what they were doing was kicking the billboard companies out of Fridley. Mr. Bergman said he didn't feel that way at all. He said he felt that what they were saying was that the Fridley City Code allows for billboard construction, and they can built billboards or retail billboards within the provisions af the code. Mr. Langenfeld said the lease on this billboard expires on October 22, 1975. What are we going to.do with this one? Mrs. Wahlberg said this was a year to year lease. Mr. Clark said that what Mr. Langenfeld was alluding to was that if the longest lease date, was say 1990, and they all had the same stipulation on the lease date, then by the year 1990 billboards would cease to exist. Mr. Bergman said that would only be those who were a�.non-conforming use. Mr. Shaw said they could construct billboards according to the present code and zoning, and in five years these could be non-conforming due to code changes, and they would be back in the same situation. ^ Mr. Shaw said he noted that this sign was too close to a residential area, but the � R& W stand and the Big Wheel al�� were within l00 feet of a residential area. Ne said the reason there were two signsso close together was because, at one time, these signs were owned by two different companies, and Naegele had ownership of both now � through acquisition of another company.• MOTION by 5cott, seconded by Bergman, that the PZanning Commission close the Public Hear�ng on the request for a Specia� Use Perm.it, SP #75-14, by Naegele Outdoor Advertising Company. Upon a voice vote, aI1 voting aye, Chairman Harris declared the Public Hearing closed at 9:59 P.M. MOTION by Langenfe.id, seconded by Scott, that the Planning Commission recomiaend to Counci.Z denial of the request for a Special Use Permit, SP #75-14, by Naegele Outdoor Advertising Company, to allow the continuation of an existing bilZboard on Lot 18, Revised_.guditQr_`.s Subdivision No. 77, per FridZey City Code, Section 214.042, the same being 7357 East River Road because this billboard violates 4 out of the 8 criteria, and these were such that there wou.Zd be no benefit in continuing this particu.iar sign. Mr. Scott said he was in favor of this motion because we wish to recognize the roll which planning and zoning play in our municipal efforts to guide future development � of land so as to ensure a pleasanter and more economical environment in which our residents may live and work, and base this exclusively on aesthetics on the ground that the pleasant appearance of our community has a direct and beneficial effect on property values and on the well-being of our residents, and this inevitably promates the g�neral welfare and to quote from the Environmental Commission goals and objectives of their � August 13, 1975 meeting ,"to encourage productive harmony between man and his ^ environment and assure for all people in the City of Fridley a safe, healthful, productive aesthetically and culturally pleasing surrounding". Mr. Bergman said that he was generally in tune with the motion, however he felt PTanninq Commission Meeting - September 10, 1975 Page 13 � it was abrupt, and we wouid benefit from some consideration from a business view, /'1 and he would be more amenable to the motion if it expressed some reasonable time for reaction from the petitioner. He said he felt that the Planning Commisfiion and the City Administration were somewhat tardy in addressing these, and the lease did . expire on this sign in ;2 days, and he thought the petitioner should have more time. Mr. Scott said e°didn't feel this was an abrupt decision when the petitioner has already had six years since the sign ordinance was passed. Mrs. Wahlberg said this sign was constructed in 1952 and rebuilt in 1960, and she did concur that they have had six years notice that this sign might have to be removed. � � �1 �`. Mr. Harris said that he felt these two signs did nothing to enhance this area. UPON A ROLL CALL VOTE FOR DENIAL, Scott, Harris, Wahlberg, Langenfeld voting aye, Berqman nay, the motion carried. Chairman Ha�ris declared a recess at 10:10 P.M. and reconvened the meeting at 10:33 F..M. � 4. CONTINUEp: PUBLIC HEARING: REQUEST F'OR A SPECIAL USE PERMIT, SP #75-15, NAEGELE OUTQOOR ADVERTISING COMPANY: To allow the continuation of an existing billboard on Lots 1-3, Block 9, Hamilton's Addition to Mechanicsville, per Fridley City Code, Section 214.042, the same being 5452 7th Street N.E. Public hearing open. STAFF REPORT Location: 5452 7th St. N.E. Date of Sign Permit: 2/6/67- Rebuilt in 1971 Owner: Naegele Comments: Lease expires 6/30/79 *1. Neight (25') 25' Base / 37' Top -� 25' Above center line of I.694 *2. Area (300') 14' x 49' 3. Distance Bet. Signs (500') Meets Code --� 500' 4. Distance from Street R/W Lines (30') Meets Code ---} 30' *5. Distance From Street Intersection (500') 200' *6. Distance from Residential Uses (500') 65' N, of R-3 Parkin � lot, 190' ta R-1 District, 180 ' W. to R-3 parking 7. Condition Status (all metal} Steel and Florescent **8. Zoning (C-2S, M-1, M-2) C-2 *lVon-conforming to existing ordinance **Non-conforming to zoning requiremet Chairman Harris review the staff report and said this was a V shaped sign. Mr. Shaw said that Naegele only had two size signs, a 12` x 25' and 14' x 49', and that all their signs were magna face bulletin, and were rrotated every 60 days. Planninq Commission Meetin� - September 10, 1975 Page 14 ^ Mr. Harris said this sign was construced in 1967 and rebuilt in 1971. He asked how they got a building permit to rebuild this to a 14' x 49' when our new ordinance /�'� was already in existence stating that the area couldn't be over 300 square feet? Mr. , Clark said he didn't think a permit was issued to rebuild this sign. Mr. Shaw said that this sign was not actually rebuilt. It was a 12' x 45' sign and it was modified . to take their 14' x 49' bulletin, but the sign structure was not altered. Mr. Harris said he thought the �ign companies had played pretty fast and loose with the City of Fridley. Mr. Scott said the point should in existence when they acquired this modify the sign to take their panels. be made that Naegele knew our ordinance was sign from Meyer's and made the investment to Mr. Bergman said this sign did not meet the criteria in five of the 8. The area was really out of line, in that it was 686 square feet per side, and our ordinance requirement was 300 feet, so this was more than double the maximum size of the ordinance. MOTION by 5cott, seconded by Langenfeld, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP�#75-Z5, by Naegele Outdoor Advertising Company. Upon a voice vote, a11 voting a�e, Chairman Harris declared the Public Hearing closed at 10:59 P.M. MOTION by Scott, seconded by Langenfeld for discussion, that the Planning Commission recommend to Council denial of the request for a Special Use Perrrtit, SP #75-I5, by �`1 Naegele Outdoor Advertising Comp�ny, to a11ow the continuation of an existing billboard � on Lots 1-3, Block 9, Hamilton's Addition to Mechanicsville, per FridZey City Code, Section 214.042, the same being 5452 7th Street N.E. because we wish, to recognize the rale which planning and zoning play in our municipal effort to guide future development � of land so as to ensure a pleasanter and more economical environment in which our residents may live and work, and base this exclusively on aesthetics on the ground that the pleasant appearant of our community has a direct and beneficial effect on property va�ues and on the well-being of our residents, and this inevitably promotes the general welfare-�� and to quote from the Environmental Commission goals and objectives of their August 13, 1975 meeting, "to encourage productive harmony between man and his environment and to assure for a11 people in the City of Fridley, a safe, healthful, productive, aesthetically and culturally pleasing surrounding", noting fhat this sign violates 5 out of 8 criteria af the staff report. P1r. Langenfeld asked Mr. Scott if it was continue until the end of the lease which was Naegele acquired this billboard in 1971, they in existence and that this billboard violated asking for a Special Use Permit and his motion up to the City Council. � his intention to let this billboard 6/30/79. Mr. Scott said that when already knew about the new sign ordinance that ordinance. He said they were was for denial. He said the rest was Mr. Langenfeld said they were analyzing these billboards with the present ordinance in mind; If we wern't going to try and get these ordinances enforced, he thought they were all wasting their time. ^ � Mr. Bergman said this sign was in violation in many areas, of some mag��itude, but �, � he felt the burden on the Planning Cor�nission,� s to act with reasonableness, rather than with arbitrary and ir�nediate abruptness ��to avoid any punitive reaction. Mr. Scott said that in 1969 when this ordinance was passed, the.billboard Planning Commission Meeting - gep�ember° 10, 1975 ' Page 15 companies were given five years, so he didn't consider this abrupt;: ^ Mr. Bergman said he felt there was a fair amount of room for interpretation over � what was said and done and what the intent of the ordinance was in 1969, and while Mr. Scott may have felt it was clear, he felt it was less clear than that. He thought some of the guidance we have recivec� indicated that it was less clear than that. He ' said that the requirement that somecne get a special use permit, to him, did not get as specific as he thought they were trying to be at this time. Mrs. Wahlberg said that at the last Planning Commissi,on meeting when they took action on two other billboards in about the same v�cinity, I.694, they had given them some time, one until 1976.and the other until 1977, and she thought they should be consistent in their recommendations. Mr. Scott said those were motions for approval, and this was a motion for denial. Mr. Langenfeld said the expiration date of this lease was June 30, 1979, and he wondered if the Planning Commission would be in agreement of having the billboard removed otn o� before Jun e 30, 1976, to aliow them a little time. Mrs. Wahlberg said this would be more consistent with previous action. UFON A ROLL CALL VOTE FOR DENIAL, Scatt vot�ng ay�, Harris abstaininq, Bergman, Wahlber 9, Langenfeld voting nay, the MOTION FAILED. MOTION by Bergman, seconded by Wahlberg, that the Planning Commission recommend to Council approval of a request for a Special Use Permit, SP #75-I5, by Naegele Outdoor �/1 Advertising Company, to a11ow the continuation of an existing billboard on Lots 1- 3, Block 9, Hamilton's Addition to Mechanicsvil2e, per Fridley City Code, Section 214.042, the same being 5452 7th Street N.E., with the following stipulations: 1. When this Zot was developed, the advert�sing sign Zocated on it wi11 be removed. . 2. When' this advertising sign is destroyed or damaged by an act of nature, vandalism, or other means, this sign cannot be repaired or rebuilt and wz1Z have to be removed. 3. This billboard be maintained in good quality condition. 4. This billboard be removed on or before June 30, 1976. Mr. Scott asked Mr. Shaw if the stipulation that this billboard be removed on or before June 30, J976 was tantamount to denial? Mr. Sf�w said he felt that it was. Mr. Harris said he wanted to mention that the City could be held liable for the f.or._.th� �mount of rerit that would be paid from June 30, 1976 and June 30, 1979. Mr. Bergman said he was aware of the lease expiration date at the time of making the motion, but he was concerned that this particular sign was in sizable violation of the Code, and felt a four year extension of this sign was incongruous. �� Mrs. Wahlberg said she had some problem with the date mentioned in the motion. She wondered what would happen if Naegele had a contract for this billboard dated after the June 30, 1976 date. Mr. Harris said an attorney would have to answer that. /'� ^ Planning Commission Meetinq - September i0, 1975 Paqe 16 Mr. Scott said.what he thought was important was that the sign compan� be given ample notice that this sign had to be terminated. Mr. Langenfeld said they were considering the individual merits of each sign, and were not concerning themselves with contractural obligations. UPON A ROLL CALL VOTE FOR APPROVAL, Scott voting nay, Narris abstaining, Bergman, Wahlberg, Langenfeld voting aye, the motion carried. 5. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-16, BY NAEGELE OUTDOOR ADVERTISING COMPANY: To allow the continuation of an existing billboard on Lot 4, Auditor's Subdivision No. 155, per Fridley City Code, Section 214.042, the same being 5501 7th Street N.E. Public hearing open. STAFF REPORT Location: 5501 7th Street N.E. Sign Permit Date: 8/15/67 Comments.: Expiration date of lease 10-1-77 *1. Height (25;) *2. Area (300) Owner: Naegele 20' Base/32' top -- j 25' from center of I.694 14' x 49' ! ^ 3. Distance Bet. Signs (500') Meets Code ---� 500' � 4. Setback from Street R/W Lines (30') Meets Code ----� 30' *5. Distance from Street Intersection (500') 145' from intersection of 56th & 7th St. *6. Distance from Residential uses (500') 200' from R-3 District 7. Condition Status (all metal) Steel & Fluorescent 8. Zoning (C=2S, M-1, M-2) C-2S *Non-conforming to existing ordinance ***�IQn-conforming to zoning requirements Chairman Harris reviewed.the staff report. MOTION .by Bergman, seconded by Wahlberg, that the PZanning Commission close the Public Hearing on the request for a Special Use Permit, SP #75-Z6, by Naegele Outdoor Advertising Company. Upon a voice vote, a11 voting aye, Chairman Harris declared the PubZic Hearing closed at 1.I:25 P.M. �'�� Mr. Bergman said there were sizable violations in three of the 8 criteria, plus the height requirement. He said this sign was 686 square feet also, which was more than double the code maximum o� 300 feet. ' n � MOTION by Berqman, seconded by Wahlberg, that the Planning Commission recommend to Council approval of the request for a Special iJse Permit, SP #75-16, by Naegele � Outdoor Advertising Company, to a11ow the continuation of an existing billboard on Lot 4, Auditor's Subdivision No. 155, per Frid.2ey City Code, Section 214.042, the same ^ � Planninq Commission Meetinq - September 10, 1975 Paqe 17 being 5501 7th Street N.E., with the following stipulations: Z. When this lot was de.veloped, the advertising sign located on it wi11 be removed. 2. When this advertising sign was destroyed or damaged by an act of nature, vandalism, or other means, this sign cannot be repaired or rebuilt and � wi11 have to be removed. 3. This billboard subject to annual review. 4. This billboard be maintained in good quality condition. 5. This billboard be removed on or before February 2, 1977. Mr. Scott said he would vote against this motion because he wished to recognize the role which planning and zoning play in our municipal efforts to guide future development of land so as to ensure a pleasanter and more economical environ�nent in which our residents may ]ive and work, and base this exclusively on aesthetics on the ground that the pleasant appearance of our community has a direct and beneficial effect on property values and on the well-being of our residents, and this inevitably promotes the general welfare; and to quote from the Environmental Commission goals �and objectives of their August. 13, 1975 meeting, "to encourage productive harmony between man and his enviroriment and assure for all people in the City of Fridley, a safe healthful, productive, aesthetically and culturally pleasing surrounding". �,.� Mr. Scott said the Planning Commission was making matians for approval, but what they were doing in reality v�as denying the continuation of the .billboards.. He �'' didn't think they were performing a service for the sign companies or for the City. Mr. Bergman said he thought it was important to provide a reasonable time for � termination of these signs so there wouldn't be abruptness, and that was what these motions were providing. UPON A ROLL CALL VOTE, Berman, Harris, Langenfeld, Wahlberg voting aye, Scott nay, the motion carried. Chairman Harris said they would handle the new two requests together. 6. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-17, BY . BREDE, INC.: To allow the continuation of an existing billboard on part of Lot 8, Auditor's Subdivision No. 94, per Fridley City Code, Section 214.042, the same being 5401 Central Avenue N.E. 7. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-18, BY BREDE, INC.. To allow the continuation of an exist�ng billboard on Part of Lot 8, Auditor's Subdivision No. 94, per Fridley City Code, Section 214.042, the same being 5403 Central Avenue N.E. The Public Hearing was open on both these requests. �''1 �. � � Planning Commission Meeting - September 10, 1975 Page 18 STAFF REPORT: Location: 5401 Central Avenue N.E. Sign Permit Date: 8/2/65 Owner: Brede, Inc. Comments: Lease runs to 10/1/82 *1. Height (25;) 16 ft. to top / 6 ft. to Base *2. Area (300) 10' x 40' (variance granted September 20, 1965) *3. Distance Bet. Signs (500') 150' to 5403 Central *4. Setback From Street R/W Lines (30') 9` to R/W 31' to Service Drive 5. Distance from Street Intersection (500'} Meets Code ---�500' 6. Distrance from Residential Uses (500') Meets Code -----? 500' 7. Condition Status (all metal) Steel and Fluorescent 8. Zoning (C-2S, M-1, M-2) C-2S *Non-conforming to existing ordiance STAFF REPORT: /""1 Location: 5403 Central Avenue N.E. Sign Permit Date: 8/2/65 /'1 � �, Owner� Brede Coraments: Lease runs to 10-1-82 *1. Height (25'} 16 ft..to top / 6 ft. to Base *2. Area (300) 10' x 40' (variance granted September 20, 1965) *3. Distance Bet. Signs (500'} 150` to 5401 Central *4. Setback From Street R/W Lines (30') 18' to R/W 57' to Service Drive 5. - Distance from Street Intersection (500') Meets Code ----� 500' 6. Distance from R-1 Uses (500') Meets Code ---- � 500' 7. Condition Status tall Metal) Steel and Fluorescent 8. Zoning (C-2S, M-1, 1�1-2) C-2S *Non-conforming to existing ordinance Chairman Harris reviewed the staff repArt. . Chairman Harris said there was a letter from the property owner, Mrs. Mary Cooney, dated July 28, 1975, stating this was not a buildable lot, and the rent fro� these signs was the only income she could obtain from this property. MOTION by Wahlquist, seconded by Scott, that the Planning Coirnnission rec�ive the Ietter from Mrs. Mary Conney, dated Ju1y 28, 1975, in favor of these SpeciaZ Use Planning Commission Meetin -�eptember 10, 1975 Paqe �� Permits being granted. Upon a voice vote, a11 voting aye, the motion carried unanimousZy. �'1 Mr. Clark said this lot was only about 5,000 square feet, and the requirements /� for this zoning said a builda.ble lot had to be 16,000 square feet. This was an 180' by 50' triangle that was l.eft after the freeway right of way was acquired. Mr. Bratland, representative of Brede, Inc., said that.their billboards were all hand painted units and the copy was very seldom changed. They had aTl local tenants and some of these signs had borders and some had not. He said they have long term signage leases on their signs, usually 5 or 10 years. Mr. Bratland said they had been given approval for these signs on September 20, 1965. They had gone through the Board of Appeals, Planning Commission and Council. Mr. Clark said the reason that these signs did not meet the height requirement was because they were only 6' from the ground, and the requirement was 10'. MOTION by WahZberg, seconded by Langenfeld,=�that the P�anning Commission close the Public Hearing on the request for a 5pecial Use Permit, SP #75-17, by B�ede, Inc. Upon a voice vote, a11 voting aye, Chairman Harris decZared the Public Hearing closed at 11:40 P.M. Mrs. Wahlberg asked if Mrs. Conney would have been informed of the Public Hearings held on the new sign ordinance in 1969. Mr. Clark said he didn't think so. Their were notices sent to civic•organizations, and it was given publicity in the paper, but he didn't think any individuals received notices. � Mr. CTark said this property was not buildable by itself, but it could be ^ purchased by the adjacent property owner, but Mrs. Cooney felt she couldn't find a willing buyer for this property. Mrs. Wahlberg said the reason she had brought this up was because she could understand Mrs. Coaney'shardship in wanting to derive some income from this property. She was wondering if Mrs. Cooney was aware that she could• ��0�e, the income from these signs because they were non-conforming. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission close the PubZic Hearing on the request for a Special Use Permit, SP #75-18, by Brede, Inc. Upon a voice vote, a11 votinq a�e, Chairman Harris declared the Public Hearing closed at I1:47 P.M. Mr. Langenfeld said that both these signs were non-conforming in 4 out of the eight criteria. Mr. Bratland said they had signage leases on these two billboards. He wasn't sure just what the time was for each particular sign, but he thought one sign still had three years left af their lease and the other sign had five years left. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission, taking note that these two signs were non-conforming in 4 of the 8 criteria, and taking note of the letter from the property owner, Mrs. Mary Cooney, regarding her concerns, recommends to City Council approval of the requests for Special Use Permits, SP #75-17 and 5P #75-18, by Brede, Inc., to a11ow the continuation of two existing billboards on part of Lot 8, Auditor's Subdivision No. 94, per Fridley City Code, Section 214.042, ^ the same being 5401 and 5403 Central Avenue N.E., with the foZlowing stipulations: � - 1. When this 1ot was developed, the advertising signs located on it wi11 have have to be removed. Planning Commission Meeting - September 10, 1975 Paqe 20 2. When these advertising signs are destroyed or damaged by an act of nature, ^ vandalism, or other means, they cannot be repaired or rebuilt and wi11 have to r"`� be removed . � 3. 4. These Specia.Z Use Permits subject to yearZy review. These billboards be maintained in good quality repair. 5. The expiration date of these billBoards be co-terminous with the signage leases, with a five year ma�imum. Mr. Scott asked if there had been any agreement worked out between administration and Brede about the possiblility of removing one of these signs. Mr. Bratland said he had discussed this With Steve Olson, but the rental from one sign would not be enough income for Mrs. Cooney to pay the sewer assessments on this property. He said he had discussed with Mr. Olson their wil1ingness to probably drop the sign on the Knights of Columbus property, because that was an old sign. Mr. Berg�an said that any negotiations on these two signs could take place before these signs went to Council. . Mr. Scott said he wouldn't have too much of an objection if one of these signs remained because he thought that if the sign was raised 4 feet, the code violations wouldn't be too serious, but he couldn't find a good reason ta deny one sign and approve the other one. If Brede, Inc., wasn't going tc� take use to court, then we wouldn't have to worry about that. ^� Mrs. Wahlber�. said they hadn't taken into eons�deration any other property owner's p�oblems in dealing with the billboards, although she was sympathetic to Mrs. Cooney's hardship. , � :� Mr. Clark said that most of the other property owners could put their property to some other use. Mr. Scott said he could not vote in favor of this motion because of the stipulations and because it supports both signs. He could agree to one sign remaining on this property, without an expiration date, but he thought one sign should be removed. UPON A ROLL CALL VOTE, Bergman, Langenfeld, Walhberg voting aye, Scott and Harris voting nay, the motion carried. $. CONTINUATION• PUBLIC HEARING• REQUEST FOR A SPECIAL USE PERMIT, SP #75-19, BY BREDE, INC.: To allow the continuation of an existing billboard on Lot 1, Block 1, Harstad Addition, per Fridley City Code, Section 214.042, the same being 6801 Highway #65 N.E. Publie hearing apen. STAFF REPORT Location: 6801 Highway #65 N.E. Sign Permit Date: December, 1959 Owner: Brede, Inc. Comments: Lease runs to April of 1976, 10 year term signage lease November 1976 *1. Height (25') 18' to top ' 7' to Base ^ r'1 Planninq Commission Meetinq - November 10, 1975 Paqe 21 *2. Area (300) 10' x 40' 3: Distance Bet. Signs (500') Meets Code ---- 500' *4. Setback from Street R/W Lines (30') 13' from street *5. Distance from Street Intersection (500') 25' from intersection *6. Distance from residential uses (500') too close to R-3 *7. Condition Status (All Metal) **8. Zoning (C-2S, M-1, M-2) Wood construction R- 3 *Non-conforming to existing ordinance **Non-conforming to zoning requirement Chairman Har�is review the staf� report, noting that this sign violated 7 ou� of the 8 criteria. MOTION by Bergman, seconded by Wahlberg, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, SP #75-19, by Brede, Inc. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing closed at 12:29 A.M. Mr. Clark said this sign was located on.developed land. '^ ^ MOTION b� Bergman, seconded by Wahlbert, that the Planning Commission recommend to Council approval of the request for a 5pecial Use Permit, SP #75-19, by Brede, Inc., to a11ow the continuation of an existing billboard on Lot I, B1ock 1, Harstad Addition, � per Fridley City Code, Section 214.042,.the same being 6801 Highway #65 N.E. with the , foZlowing stipulations: � 1. When this advertising sign was destroyed or damaged by an act of nature, vandalism, or other means, this sign cannot be repaired or rebuilt and wi11 have to be removed. 2. Th�s Special Use Permit sul.iject to yearZy review. 3. This billboard be maintained in good quality condition. 4. This bi.Zlboard wi11 be removed on or before November 1976, the end of the signage lease. Mr. Scatt said he would like to speak against the motion because he wished to recognize the roll which planning and zoning play in our municipal efforts to guide future development of land so as to ensure a pleasanter and more economical em�ironment in which our residents may live and work, and base this exclusively on aesthetics on the ground�that the pleasant appearance of our community has a direct and beneficial effect on property values and on the well-being of our residents, and this inevitably promotes the general welfare; and to quote from the Environmental Commission goals �� and objectives of their August 13, 1975 meeting, "to encourage productive harmony betwee.n man and his environment and assure for all people in the City of Fridley, a safe, healthful, productive, aesthetically and culturally pleasing surrounding", and he had a special concern because this was R-3 zoning. � � �n Plannin� Commission Meeting - September 10, 19Z5 Page 22 UPON A ROLL CALL VOTE FOR APPROVAL, Berman, Harris, Wahlberg, Langenfeld voting aye, Scott voting nay, the motioi2 carried. 9. CONTINUED• PUBLIC HEARING• REQUEST FOR A SPECTAL USE PERMIT, SP #75-20, BY . BREDE, INC.: To allow the continuation of an existing billboard on Lots 29 and 30, Block 11, Hamilton's Addition to Mechanicsville, per Fridley City Code, Section 214.042, the same being 5457 4th Street N.E. Public hearing open. STAFF REPORT Location: 5457 4th Street N.E. Sign Permit Date: 1/12/66 Owner: Brede, Inc. Comments: Expiration date of lease 9/77 *1. Height (25') 24' to Base / 34' to Top 10' below I.694 *2. Areas (300) 10' x 40' (variance granted Oct 3, 1967) 3. Distance Bet. Signs (500'� Meets Code --- 500' *4. Setback from Street R/W Lines (30') 25.5' to service drive 5. Distance from Street Interse�tion (500') Meets Code ---- 500' *6. Distance from R�sidential Uses (500') Standing in R-3, 30' from R-1 7. Condition Status (all metal) Steel and Fluorescent **8, Zoning (C-2S, M-1, M-2) R-3 (variance granted October 9, 1966 *Non-conforming to existing ordinance **Non-conforming to zoning requirement Chairman Harris reviewed the staff report. MOTION by Scott, seconded by Wahlberg, that the Planning Commission close the PubZic Hearing on the request for a Special Use Permit, SP #75-20, by Brede, Inc. Upon a voice vote, a11 voting aye, Chairman Harris declared the Public Hearing closed at 12:35 A.M. - Mr. Bratland presented letters.to the Planning Commission verifying when the Yariances had been granted for this sign. Mr. Bergland said this sign violated 5 out of the 8 criteria, aithough variances had been granted for two of the viol�.ations. MOTION by Bergman, seconded by Langenfeld, that the Planning Commission recommend, to Council approval of the request for a Special Use Permit, SP #75-20, by Brede, Inc. to a11ow the continuation of an existing billboard on Lots 29 and 30, B1ock 11, Hamilton`s Addition.to Mechanicsvil.Ie, per Fridley City Code, Section 214.042, the same � being 5457 4th Street N.E., with the following stipu.Iations: Planning Commission Meetinq September 10 1975 P�� 1. When this 1�t was develvped, the advertising sign located on it wi11 be removed. ^ 2. When this advertising sign was destroyed or damaged by an act of nature, � vandalism, or other means, this sign cannot be repaired or rebui�t and wi11 have to be removed. a t"� � �" 3. This Special Use Permit subject to yearly review 4. Th�s billboard be maintained�in qood quality condition. 5. This billbQard be removed on or before 9/77 Mr. Scott asked Mr. Bratland if he realized that this motion would eliminate this billboard. Mr. Bergman said he objected to this statement, as this was not the intent of his motion. The effect was to have billboards conform to the City Code. Chairman Har�ris said these motions te11 tfie sign companies our intent, and they can come back and appeal these stipulations before the expiration date. UPON A ROLL CALL VOTE, Berman, Harris, Wahlberg, Langenfeld voting aye, Scott nay, the motion carried. 10. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-21, BY BREDE, INC.: To allow the continuation of an existing billboard on Parcel 3620, Section 12, per Fridley City Code, Section 214,042, the same being 7568 Highway 65 N.E. Public hearing open. STAFF REEORT Loca�ion: 7568 Highway #65 N.E. Sign Permit Date: 9/6/68 Owner: Brede, Inc. Com�nents' Lease runs to May of 1977 1. Height (25') Meets Code 25' to Top / 15' to Base *2. Area (300) 10' x 40' and 10' x 30' (variance qranted May 20, 1968) 3. Distance Bet. Signs (500') Meets Code ----� 500' 4. ;5. *6. Setback from Street R/W Linss (30') Meets Code ----� 30' Distance from Street Intersection (500') Meets Code --� 500' Distance From Residential Uses (500') 10' to R-4 7. Conditian Status (all metal) Steel and Fluorescent 8. Zoning (C-2S, M-1, M-2) M-1 *Non-conforming to existing ordinance Chairman Harris revi�ewe� the staff report. Mr. Bratland verified the variance approval. J ^f � /'�� Planninq Commission Meetinq September 10, 1975 Page_24 MOTION by L�ngenfel�� seconded by Wahlberg, that the Planning Commission close the PubZic Hearing on the request for a Special Use Permit, Sp #75-21, by Brede, Inc. �closed Upon a voice vote, all votinq aye, Chairman Harris declared the Pu�1ic Hearing� a�• .I: 01 A.M. MOTIDN by Langenfe2d, seconded by Bergman, that the Planning Commission recommend to Cuuncil approval of the request for a Special Use Permit, SP #75-21, by Brede, Inc., to allow the continuation of an existing billboard on Parcel 3620, Section 12, per Fri3ley City Code, Section 214.042, the same being 7568 Highway #65 N.E., with the foll�wing stipulations: ' 1. When this 1ot was developed, the advertising sign located on it wi11 be removed. 2. When this advertisinq sign was destroyed or damaged by an act of nature, vandalism, or other means, this sign cannot be repaired or rebuilt and will have to be removed. 3. This Special Use Permit, subject to yearly review. l� 5. This billboard be maintained in good quality condition. This billboard be removed on or before May, 1977. Mr. Scott said he would vote against this motion because he wished to recognize the role which planning and zoning play in our municipal effort to guide future development of land so as to ensure a pleasanter and mo�^e economical environment in which our residents may live and work, and base this exclusively bn aesthetics on the ground that the pleasant appearance of our community has a direct and beneficial effect on property values, and on the well-being of our residents, and this inevitably promotes the general welfare, and to quote from the Environmental Commission goals and objectives of their August 13, 1975 meeing. to encourage productive harmony between man and his environment and assure for all peapl°e in the City of Fridley a safe, healthful, productive, aesthetically�nd culturally pleasing surrounding", and also because this billboard was too close to R-4 zoning. Mr. Clark said this propeV:�y was zoned industrial ai the time this sign was constructed, but they created a separ�te residential area for trailer parks, which also required a special use permit. UPON A ROLL CALL VOTE, Bergman, Harris, Wahlberg, Langenfeld voting aye, Scott voting nay, the motion carried. � 11. REVIEW NEW.JUNK yEliICL_E ORDINANCE: SECTION 122 MOTION by Langenfeld, secanded by Bergman, that the review of the New Junk Vehicle Ordinance, 5ection 122, be continued until September 24, 1975. Upon a voice vote, aI1 voting aye, the motion carried unanimously. 12. REVIEW OF PROPOSED CHANGES IN SECTION 115: SWIMMING POOLS MOTION by Langenfeld, seconded by Bergman, that the review of the proposed changes in 5ection 115, Swimming PooZs, be continued until September 24, 1975. Upon a voice vote, aI1 voting aye, the motion carried unanimously. : �"��. ..,.. _ . .. . .... .... .. . _ �lanning�Commission Meetinq - September 10, 1975 � Page 25 ADJOURNMENT: �. . � MOTION by Bergman, seconded by Langenfeld, that the meetinq be adjourned. Upon a voice vote, a11 voting aye, Chairman Harris declared the Planning Commission meeting of 5eptember 10, 1975 adjourned at 1:15 A.M. Respectfully submitted, Dorothy Even n, Secretary I''�i.'\ � �'`� n � 2� HliMAN RFSOURCES COI'IMISSION September �+, 1975 MEMBERS PRESENT: Nancy Lambert, Harold Belgum, Grace Lynch, Bill Sco�t MEMBERS ABSENT : Barbara Shea OTHERS PRESENT: Jane Simoneau - Recreati�n Project Committee Ina �'r�,editis -- Commun�ty Edlication P.C. Eimars �'rieditis - Housing, Public Accomodations, � Land ilse P . C . Edna Garaffa - I� R Services I'.C. Cathy McConnon - Lil�rar.�y P. C. Hel_en Gbala - Child/Day Car•e P.C. Agnes Wolf - Corrections P.C. Mary Sallstrom - Ca:imunity Act�_on Progi�am Kay Popoff - Community Action Prograrn Joan Staupe - SACA Sharon Meyer - Red Cross Sandra Gail Johnson - CETA staff personnet Kam Me ccalf - Chaii person , YPC Denise Lynch - YPC Billy Scott - YPC Clare Hughes - YPC ^ Mike Woli ^'�- Howaz�d Mattson - Ci�y of Fridl�y Mr. � Mrs. Ellenwood r1 Chairperson Scott opened the meeting at 7:35 P.P'I. APPRGVAL OF THE P�1INUiES OF THE HUMAN RESOURCES COMMISSTOI3 I`1EETING OF AUGUST 21, 1975: � Agnes Wolf of the Corrections Project Co.�;unittee sugge�ted a change be made concerning the last sentence o� paragraph 2, page 3. The sentence should read as follows: Five to �ter� citatiar�s have to be received by an individual before notic�•is even draw:i, and all records are destro;�ed when tihe chilu reaches the age of 18. Grace Lynch suggPSted a change be made cor�cer�r.ing the second ser�tence of paragraph 3, pa;e 3. The sen±ence shoul� read as follows: Grace Lynch stated �chat she really had c:�oub-ts -th�t the reco�3s are kept secret. MOTIQN by Harold Belgurn, seconded by Gra�e Lynch, to approve the minutes of the Human i�esc>i_irces C�mmission meetin� af August 21, 1�75 as corrected. Upori a voice vo�i.e, all voting aye, the mot:i_o� carried unanimously. � r HUMAN R�SOURCES COMMISSION I�lEETING, September 4, 1975 ADOPTION OF AGENDA: PAGE 2 2`7 MOTION by Grace Lynch, seconded by Nancy Lambert, to adopt the agenda of the Human Resources Commission meeting of September 4, 1975 with the addition of a report from Commission mem�er, Nancy Lambert, on tenant landlord relationships. Upon a voice vote, all votin� aye, the motion carried unanimously. REPORT FROM YPC ON LEADERSHIP CAMP: Representatives of the Youth Project Committee explained the progr�am of the youth leadership camp CCamp Trowbridge) which they recently attended in Detroit Lakes. Clare Hughes explained some of the various activities in which tY?e youth participated. She stated the youth had sessions on va�.ues clarification, desert survival, first aid, and water safety. The first aid sessions consisted of d�saster s�mulations and presentations on such he�.lth problems as drug addiction, V.D. , and alcc�holis�a. Billy Scott added the youth also had sessions in which they split up into various interest groups such as fund raising, ba.bysitting, etc. Mike Wolf stated the youth also enjoyed a spook house and a talent show. ^� The youth enjoyed the camp immensely. RED CROSS PRESENTATION � � Sharon Meyer of the Red Cross was present to explain the services and needs of the organization. She explained the Red Cross was initiated during the Civil War to provide services to soldiers. In 1904 they were granted a Federal Charter. She stated the Red Cross is entirely a volunteer organization. It is composed of many different types of pragrams based.on provid- ing aid. to the local c�mmunities. She added about one-half of a11. fur.ds raised last year went toward the national organizatior�. However, many of the local programs are funded through the ;�ational budget. Grace Lynch inquirAd as to whethez� repayment after a disaster was required. Ms. Meyer stated any assistance pr.ovided by ihe Red Cross is considered a grant. Repaymen-t is not everi accep-ted. Ms. Meyer also explained the Red Cross has a 24 hour service for fires. Thev m�onitor the radios and are on the scene as they occur to provide assistance. She stated,however., they need better. com- munication service for disas�ter such as �this. �� Me�er also sta,ted one of this organization's biggest needs is input. In order f�r the P.ad Cross to provide assistance, it must Le aware that the p��oblem exists. She added the Red Cross HUMAN RESOURCES COMMISSION MEETING, September 4,. 1975 PAGE 3 �• � � would like to see a mini chapter in Fridley. Mr. Scott stated a goal for the Commissior. might be to tie the efforts of the Red Cr.oss into those of the community schools. MOTION by Harold Belgum, seconded by Nancy Lambert, that the Human Resources Ccmmission endorse the developing plan of the Red Cross for this network of disaster teams and attempt to cooperate with the Red Cross in Fridley in conjunction with the community schools. Upon a voice vote, all voting aye, the motion carried unanimously. SAC� PRESENTATION; Joan Staup� of SACA (Southern Anoka Cor.L�nunity Assistance) was present to explain this organization to the Commi_ssior�. She s-tated t`ze program, which was established about nine months ago, serves Columbia Heights, Spring Lake Park and Fridley. The program was initiated because the communities needed a way of disseminating information among the people of the county as to wha�t is happening and what is needed in each community. Mary Sallstrom of t}ie Community Action Program explained that her program is designed to set up organizations such as SACA.. � �- Ms. Staupe explained that SACA is intended to assist those people with problems that for some reason cannot be met right away. As of the present, they have provided over 200 meals to needy fami_lies. They have only the resources of one church group. They are in need of volunteers and office supplies in order that they can carry on their work. Nancy Lambert asked if this was a duplication of services. Ms. Staupe explained that this was not a duplication of services. People are desperately in need of one telep7ione riumber to ca11 in order to receive assistance of this sort. Ms. Staupe also explained that those requesting assistance are always visited by a SACA representative prior i.o receiving aily af these services. Ms. Staupe added that pres�ntly tY:e board is composed af 14-2J members. She stated that their next regular meeting will be held Tuesday, September 9, at 12:00 noon, at the Town Crier. At this meeting 1�he organizatiori will pass its by-laws. The Commission expressed -the desire to investigate this matter mare thoroughly before making any recammendations. It was decided the Commission would send a representative to SACA's next regular � meeting. Edna Garaffa of the I� R Service.s Project Committee � will represent the Cortunission at that rneeting. � � �9 HUMAN RESOURCES COMMISSION MEETING, September 4, 1975 PAGE 4 TENANT LANDLORD RELATIONSHIPS: Nancy Lambert explained that Bill Scott had given the recommendatiorl to the City Manager to instruct the switchboard operator to refer all tenant/landlord problems t� the Minnesota Apartment Associatiori. Ms. Lambert added that the Minnesota Tenants Union had stated they would charge only $2 for a call such as this. Shz felt that people should be inforrled as to their choice of organizations. She further explained that the only thing the Commission had voted dowr� was the funding of the MTU. She �xpressed the desire that Mr. Scott submit another letter to the City Manager with the recommendation that both choices be made available. �r. Sco-tt agreed with Ms. Lambert an�: consented to txie above recommendation. COMMUNICATIONS: Mr. Scott mentioned the Bicentennial Fz�ogram of which Ha�old Belgum, Commission member, is the director. He re.flected enthusiasm toward tnis program and recommended the Commission menbers relay news of this program to as many people as possible. �-+�� Mr. Scott also asked the Commission members if they would be interested in attending a joint Human Resources Commis�ion meetir�g. Those Human Resources Commission attending will be tinoka, Blaine, and Coon Rapids. The meeting will take place at 7:30 P.M., October 23. The Commission expressed desire to attend this meeting. PROJECT COMNIITTEE REPORTS: Cathy McConnon of the Library Project Committee stated the new Fr.idley Library will �� opening September 22. .The forinal dedication will take place October 19. An open hotise will be held from 2:00 P.I�I. to 5:00 P.M. The dedica�tion will take place at 4:00 P.M. Ms. McConnon suggested the joint Human Resou.rces �ommission meeting eould possibly be held in the new �ibrary. She added a tour coul� also be given. Agnes Woli of the Corrections Project Committee explained she h�d spoken with a representative from FOCUS. The organization will be sending her iilformation and literature wh�_ch will aid� in the formation of her goals �.i1d obj ectives . � �..� She also suggested that possibly, dances could be }leld for youth �"`. usin� the North Suburban Yc�uth Service�. HUMAN RESOURCES COMMISSTQN MEETING, September 4, 1975 PAGE 5 � � She also suggested, as far as crime prevention, the publicising of Operation Identification. She stated this may promote its use and, therefore, cause less crime. Kam Metcalf, Chairperson of the Youth Project Committee, explained that the youth survey, which is designed to discover the wants and needs of Fridley youth, will be distrihuted at the Fridley junior and senior high schools next week. The responses will be tabulated the following Sunday. Jane Simoneau of the Recreation Project Committee stated she had difficulties obtaining detailed information on children's sports. She did discover, however, that there are about 8,460 children between the ages of six and fifteen in Fridley. Only 3,385 of those clzildren participate in recreational a.ctivities in the City. She said, howeve��, that this figure may not be very accurate because cf the duplication of children participating in more than one sport. Howard Mattson, staff representative, sta�ted when any kind of exact i.nformati.on is needed, persons should call either himself or Jerry �oa,rdma,n before coming in. It takes time to locate this kind of exact infor�tation. B�11 Scott oi the Conununications Project Committee stated his goal tnrill probably tend to be a broad staTemer�t about letting people in r`<� the community know what is going on. He added if the residents of Fridley want their own newspaper, they will probably have to come up w•ith about $20,000. �� Grace Lynch of the Humanities �'roject Committee stated many companies are not following state gu:ideli_nes as far as their job applications. Bill Scott suggested the City may have to go to these companies and ask them whether they comply with the Human Rights Act. Grace Lynch asked whether the City has the right tc, ask them this type ef question. Mr. Mattson said this sort of thing may have to b2 resolved on a state �_evel. Bill Scett suggested a reviewal of the Affirmative Actzon Program. Nancy Lambert of th� Fine Arts Project Committee stated she had lunch with Ms. Weiss of the Coon Rapids Fine Arts Commission. Presently they have a budget of $3,000. They are as.ki_ng City Council for a budget of $20,000 next year. Ms. Weiss informed Nancy Lambert that eight to fifteen people are necessary for the Co?nmission. These shc:uld be people who arz know- ,ledgable in the fiel.d of fine arts. �,.,� Ms. Lambert explained that she has recruited three different people �^, to�serve �n that Cor:imission. These �re Eric Drucker, Gary Zender, and Kay Nee. She also stated �hey would like somebody from Anoka Ramsey Commuizity College -�o s�rve oil this Con�missican. HUMAh RESOURCES COMMISSTOid MEETING, September 4, 1975 PAGE 6 31 ^ She added in order for this Fine Arts Commission to sustain, it �- would have to deal with various types of fine art. Edna Garaffa of the I� R Services Project Committee stated her main objective is to locate some place other than the police depart- ment, hospitals, or clergymen, which a person in need of help could turn to. Ina Prieditis of the Education Prcject Committee explained her main concern is �iow to get the information to the people at the right time. In submitting her report to Bill Scott, Chairperson, she stated everything should be tied together. This should not be a separate item. Elmars Prieditis of the Housi.ng, Public Accomodations, and Land Use Project Committee explained that in his report; which is just a rough draft, he is trying to achieve a quality environmen� that would effect our lives in a positive way. In forming his report he consulted the Fridley Comprehensive Housirig Plan. However, it is very general. He felt that he should identify some specific needs. The City should not be interested in only the owner, but also the manage� of apartments, businesses, etc. He stated he would like the different cammissions to view his repo-rt and sort out some of the ideas that could possibly be promoted in the near future. �-'^� Helen Gbala of the Child/Day Care Project Committee stated it was very difficult to locate information on preschoolers. She added her general goal would be day-care for the needs and wants of the com- munity. She also stated there is nothing in Fridley as far as day- care for children over age seven. She said possibly the Community schools could g�t involved in that in the way of after school activities. She also stated she would like to see chiid care during the ever►ir..gs for parents who work or attend school evenings. SENIOR CITIZENS: Bill Scatt explained a recent situation iii which an elderly won:an had a problem with a leaky faucet. Mr. Ellencaood contacted Mr. Scott in his effort to help this woman. A represer�ta�tive of Fmidley Plumb- ing promptly arrived at the scene, ar�d within 20 minutes , he solved her problem. Mr. � Mrs. Ellenwood were pre.sen-� at the meeting to try to determine wheth�r there w�.s some or�anization for elderly pers�ns taho need assistance in Situat�_ons of th�.s sort. It was decided Gail Johnson, C ETA ful1--time staff person, would lc�ok �nto -�his matter. �. � HUMA.N RESOURCES COMMISSION MEETING, September 4, 1975 PAGE 7 .�. �-� 32 AUJOURNMENT: The Human Resources Commission meeting of September 4, 1975 adjourned at 10:25 P.M. Respectfully submitted, ��t.��-/ � � . v � Holly Tonsagr.r, Recording Secretary � � � � ^ � City of Fridley The Minutes of the Appeals Commission Meeting of September 16, 1975 The meeting was called to order by Chairman Drigans at 7:36 P.M. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Drigans, Gabel, Plemel Howard Mattson - Kemper, Wahlberg Engineering Aide APPROVAL OF APPEALS COMMISSION MINUTES: August 26, 1975 MOTION by Wahlberg, seconded by Kemper, to approve the minutes of the August 26, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. 33 1. A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205 053, �, B4� TO REDUCE TFiE MINIMUM SIDE YARD SETBACK ADJOINII3G AN ATTACHED GARAGE FR�'i � 5 FEET TO 2 FEET (EAST SIDE OF LOT) AND SECTION 205.053, 4B, TO REDUCE THE M:Z:':iMUM SIDE YARD SETBACK ADJOINING LIVING AREA, FROM 10 FEET TO 8 FEET (EXISTING S�TB�'�CK OF WEST SIDE OF HOUSE) ALL TO ALIAW THE CON5TRUCTION OF AN ADDITION ONTO THE GARAGE LOCATED Oi� LOT 18 AND 19, BLOCK E, RIVERVIEW HEIGHTS, THE SAME BEING 543 JANESVILLE STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY MR. JOSEPH SCHOMMER, 543 JANESVILLE STREET N.E., FRIDLEY, MINNESOTA.) Mrs. Schommer was present to present the request. MQTION by Wahlberg, seconded by Kemper, to open the public hearing. Upon a voice vote, �here being no nays, the motion carried. � The lot survey and a picture of the house were shown to the Board. 1� . Chairman Drigans asked Mrs. Schommer if they had an existing garage. Mrs. Schommer said they have a tuck under garage and that they are proposinq to construct a 10 foot addition onto the east side of i,t. Mrs. Wahlberg asked if the addition would just be a single story and Mrs. Schommer said they are planning to just add onto the tuck under garage'and have a redwood deck on top of it. Mrs. Gable said the picture shows a tree near the back of the house and asked if this tree would have to be removed to build the addition. birs. 5chommer said that the addition wouid not extend that far back. Mrs. Wahlberg asked if there would be an entrance ta the deck from the house and Mrs. Schommer said the only entrance would be from outside. Chairman Drigans asked about the variance to 8 feet that is being asked for. Nss. Schommer said that when the house was built, the contractor had built it only 8 feet from the line instead of the required 10 feet. Mrs. Wahlberg stated that then this variance was just far housekeeping purposes. Mr. Mattson saa.d that Mr. Schommer had mentioned that he might want to add an addition to the bacl: of the house, having it flush with this side of the house, which would require the variance to 8 feet being approved first. Mrs. Schommer said they have talked about building this addition off the back. but that they have decided to build it off the middle of the house which would keep it 10 feet from the side lot line. Chairman Drigans asked who lives on the lot ta the east, next to the garage addition. Mrs. Schoimner said the people who lived there just moved out and it hasn't been �sold yet. She added that the proper+.:y is awned by DeGardner Realty. Chairman Drigans asked how far away this adjoining house is from the lot line. Mrs. Schommer said she didn't know but that it was set back a 1ot farther than their's from the front property line. l�ir. Mattson added that it is set considerably farther back than the Schommer's house. The Minutes of the Appeals Commission Meetin� nf September 16, 1975 Page 2 Chairman Drigans noted that the survey shows the front setbacks of 529 Janesville and 563 Janesville on it, and it was noted that these were not the properties 34 adjoining the Schommer's land but the second houses away on either side. � Mrs. Gabel asked Mrs. Schommer if she had talked to the neighbors about the n variance request. Mrs. Schommer said she had talked to the neighbor to the west and to the people who live two houses to the east and they had no objections. Chairman Drigans stated that his suggestion was to have the administration contact Mr. DeGardner, who Mrs. Schommer says owns the lot to the east and who was not notified of the variance, and then if he has any objections or if he has no objections to let the Planning Commission know. (NOTE: The three lots to the east are not owned by Mr. DeGardner, but are owned by Esther Hagberg who was sent notification of the variance public hearing.) Chairman Drigans asked Mrs. Schommer when they planned to start construction on the addition and if tabling the request would cause them any hardship. Mrs. Schommer said they had planned to start construction in the Spring and a delay of a few weeks would not matter. MOTION by Wahlberg, seconded by Gabel to table this request until the Sept. 30, 1975 Appeals meeting to allow the acl�ninistration time to contact Mr. DeGardner. Mr. Kemper asked if notices would be sent to the property owners again and Mr. Mattson said they would not. A VOTE UPON THE MQTION, there being no nays, the motion carried. � n A REQUEST FOR A VARIANCE OF SECTION 205.134, 3A AND B, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM LOT COV.�RAGE FROM THE R� UIRED 40 PERCENT FOR A ONE STORY BUILDING AND 35 PERCEI3T FOR A TWO STORY BUILDING (84,968 SQUARE FEET) to 47.51 PERCENT (100,917 5�UARE FEET) TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO THE EXISTING BUILDING LOCATED ON PART OF LOT 4, (PARCEL 1900) AUDITOR'S SUBDIVISION NO. 79, THE SAME BEING 5280 MAIN STREET N.E., FRIDLEY, MINNESOTA (RE UEST BY KURT MANUFACTURING CO., 5280 MAIN STREET N.E., FRIDLEY, MINNESOTA 55421.) MOTION by Kemper, seconded by Wahlberg, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Bill Kuban, president of Kurt Manufacturing, and Nit. Jef Holle, proposed general contractor, were present to present the request. The plot plan for the proposed addition was shown to the Board. Mr. Kuban explained they propose to construct an additional�.l8 to 20,000 square feet onto the east end of their building. He said the brick front will be extended approximately 100 feet to the east and then approximately 200 feet to the north to be flush with the sides of the existing building. He said the existing loading dock and ramp will be moved and the addition will-be a high bay area with two cranes. Mr. Kuban explained the green area along Main Street will be removed down to the fexice line to make more parking spaces. Mr. Holle said there is presently 167 /'1 parking stalls and by constructing the addition, they would lose 6 or 7 stalls. r`'� He said in the survey he took during the last few weeks, they never have more than 104 cars in the lot. He added this will probably decrease in the future � because af people sharing rides with the cost of gas going up. Mr. Kuban said , _ � . _� The Minutes of the Appeals Commission Meeting of 5eptember 16, 1975 Page 3 the additional employees due to the expansion would not be over 25. He said they �� currently have 135 people on the payroll with 30 living in Fridley. /`� Mr. Mattson asked if they have a second shift. Mr. Kuban said they do, with 30 r" people on that shift. Mr. Holle said that they still usually only have 100 parking stalls f illed with 64 vacant. 1r'` ^ Chairman Drigans noted that there would be virtually no green area left and Mr. Kuban said there is green area in front of the office with a fountain and trees. Mrs. Gabel said the existing green area looks nice and she would hate to see it taken for parking. Chairman Drigans asked how long this business has been in Fridley and Mr. Kuban said since 1959. Chairman Drigans noted the building has expanded 3 fold since then and he wondered what would happen in another four years. Mr. Kuhan said he would have no more expansion space and Chairman Drigans said it looks like that is where it is at now. Mr. Kuban said he didn't think that was true because of the smaller automobiles being made ihat will require less space. He said they feel this addition will enhance the area. Chairman Drigans asked if there was a staff report on this item. Mr.:Mattson said that the staff is concerned with the landscaping which has not been finaled as yet but it will need no variances and he added that the staff was also concerned with possible parking problems but it appears that there are enough spaces. Chairman Drigans asked if they weren't violatinq any codes by taking out the gzeen area and also asked if the stalls would meet the Code. Mr. Mattson said they would not be violating any codes removing the green area and that the number of stalls was checked and if they were under the minimum number of stalls, a variance would have been required. Chairman Drigans said he hated to see the green area chopped up. Mr. Kuban said they might not have to remove all the green area but that they would have to have a track through there to get to the back parking. Mr. Kuban said the parking by the office is used by customers and delivery men who do business in the front. Mr. Mattson added there is�also a loading door in iront and Mr. Kuban said this is used by the.trucks getting into the building. He said there is no outside unloading. Mrs. Gabel asked what is manufactured by the company and what the addition would be used for. Mr. Kuban said they manufacture a number of items including special machines and computer components and some of their customers include Zerox and IBM. He added the addition will be used for fabrication - metal cutting area. f Mr. Kemper asked what the secand story would be used for._ Mr. Kuban said there ; is no second story, the building is just high. i Chairman Drigans asked what was across the street. Mr. Holle said there are homes but that they face away from Main. Mr. Mattson added this is where the homes have . a hedge running along Main Street. � � Chairman Drigans asked if there have been any complaints about noise from the second shift. Mr. Kuban saic] there is no noise from their plant. Chairman Drigans- asked when they wanted to start construction. Mr. Kuban said they would like to start as soon as possible as they wanted to get a cat in there before winter. Mr. HoTle said that heating during the winter for construction is very costly. MOTION by Gabel, seconded by Wahlberg, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. The Minutes of the Appeals Commission Meetin� of September 16, 1975 Page 4 � 36 Chairman Drigans said the hardship is that the business is expanding and they need the additional space. He added they will align the additio� to the existing � � building but this will cut down on the green area. Mrs. Wahlberg said it really � reduces the green area down and there won't be much except for outside the fence area. Mr. Kemper asked if the 400 lot coverage by the building is for green area. Chairman Drigans said it was to balance the structure with the property available. Chairman Drigans asked if the parking lot was included in the 40� and Mr. Mattson said the 40� was just for the building area. He added that Kurt Manufacturing has maintained the 100 foot setback from a different zoning and still maintained a large green strip. He said sometime it is very difficult to deal with the 40% and still not need other � variances. Mr. Kuban added that their type of business is not a high personnel business. He said unlike Medtronic's, who have a lot of employees per square foot, his company works on large parts and do not need many employees. Mrs. Wahlberg sai� perhaps the green area would.not need to be decreas.ed so much. Mr. Kuban sa�id they would rather keep as much grass as possible for a pTace to put their snow, and he added that if it was possible, they will change the plan. MOTION by Wahlberg, seconded by Gabel, to approve the request for a variance of lot coverage to allow the construction of an addition to the existing building, with the understanding that the Board would prefer to retain as much of the green area as possible. Upon a voice vote, there being no nays, the motion carried. 3. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4A, FRIDLEY CITY CODE, TO REDUCE THE �� REQUIRED FRONT YARD SETBACK FROM 35 FEET TO 30.65 FEET TO ALLOW THE COMPLETION OF A DWELLING AND GARAGE (FOUNDATION IN ONLY) LOCATED ON LOTS 1 AND 2, BLOCK 6, FRIDLEY PARK ADDITION, THE SAME BEING 6660 HICKORY STREET N.E., FRIDLEY, MINNESQTA. (RE UEST BY MR. WAYNE FRIDAY,_1016 BUNKER LAKE BOULEVARD, ANOKA, idINNESOTA.) Mr. & Mrs. Friday were present to present their request. A verifying survey and a picture of the lot were shown to the Board. MOTION by Kemper, seconded by Gabel, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Friday explained that this building is under construction. He said tha.t when he put the fouridation in, he couldn`t find•the property stakes so he measured from Hickory Street to get the front setback. He said on this particular corner lot, Hickory Street is not cente�red on the right of way so there is 4 feet more boulevard area in front of this property than he antici'pated and his measurement came out 4 feet short. He said this error came to light after the verifying survey,was made. Mr. Mattson explained tliat there is a 19 foot boulevard area in front of this property. : Chairman Drigans noted that by the picture, the house is already up. Mr. Friday said the garage is the portion of the structure that is too close to the line and if the variance was denied, the qarage could be made narrower by 5 feet and the entrance changed to be from the south instead of the east, to meet the Code. He said they are working on i:he dwelling but not on the garage. Mr. Friday said he � n had ordered the trusses for the garage and has received them a�ready so if the variance was denied and the garage had to be cut in size, he would have $900.00 worth of trusses that he wnuld be stuck wifih because they would have to be remade. The Minutes of the A 3� ppeals Commission Meeting of Se tember 16, 1975 Pa�e 5 Mrs. Wahlberg asked if the proposed entrance to the garage is from Hickory Street . and Mr. Friday said that it was. She asked if Hickory Street was considered the ,r� front yard and Mrs. Friday said that is was, and that there is an overhang porch � on the front of the house facing Hickory. Mr. Friday said according to the road the setback is okay but not according to the property line. Mr, Friday said he figured that he had located the house far enough back as he thought since Rice Creek Way had a 10 foot boulevard that Hickory Street would also have a 10 foot . boulevard. He said the 15 foot boulevard plus the curve, had thrown him off. Mr. Kemper asked why Hickory Street had a 15 foot boulevard. Mr. Mattson said the boulevards in the City vary up to 20 feet, but generally if it is that large, it is because of.provisions for widening the street. Mrs. Wahlberg said she thought that Hickory Street was upgraded not to long ago and Mr. Mattson said that it had been improved. Mr. Friday said he didn't thir,k then that it would be widened in the near future. Mr. Friday added that there was a power easement on the property and also triat there was a number of trees and in order to change the driveway to conform to the narrowed garage, 4 or 5 trees would have to be removed. Mrs. Friday said that to change the driveway entrance to Ri.ce Creek Way, and still narrow the garage, would not be any good either, as there is a fir�plug, some trees, and a slope of about 5 feet. Chairman Drigans explained to Mr. & Mrs. Friday that because of the reorganization of the City Commissions, this request will next go to the Planning Commission and then to the City Gouncil, so it will take a couple of more weeks before they could possibly get approval of the variance and restart construction on the garage. Mrs. Friday said that the buyers of this house want to be in by October 1, 1975 and that two more weeks is a long time to wait. �� MOTION by Wahlberg, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. Chairman Drigans said he sees the hardship here as the mistake that was made in determining where the property line was. He said it would be a great expense to stop the building in terms of both the contractor and the buyers. He said there is a whole lot (42.80 feet),that is between the house and the 1ot to the south, that has a grove of trees on it, so there should be no problems caused in building on that adjoining property. He said he could see no objection to approving the variance. MOTION by Gabel, seconded by Wahlberg, to recommend approval of the variance to reduce the front yard setback from 35 feet to 30.65 feet. Upon a voice vote, there being no nays, the motion carried. Chaim}an Drigans suggested to Mr. & Mrs. Friday that as long as the Commission agreed unani.mously on the approval and because there were no objections from the - City staff or adjoining property owners, that they appear before the City Council on Monday (Sept. 22) and explain their situation during the 15 minute visitor section of that meeting. He said that if they tell the Council the circumstances of the request, and that the Appeals Commission had unanimously recommended approval of the variance, that the Council might allow them to continue building. Chairman Drigans explained that tlie Appeals Commission only has the power to recommend to the Council, and that the Council has the final action on a�l variance requests. Chairman Drigans sug�ested that the Friday's voice their opinion to the Council, �.,� on the time involved to �et final action an a request of this type. Mr.,Friday added that 6 weeks is quite a long time to wait when it involves construction. . vu The Minutes of the Appeals Commission Meeting of September 16, 1975 Page ��J Chairman Drigans asked Mr. Israelson what code was followed for building the house. �,,� Mr. Israelson said his cousin is a builder who did the actual planning of the house. � Mr. Kemper noted, after looking at a buildin ermit, that the g p permit does not actually list the minimum requirements. Mr. Mattson explained that the Inspection � Department, when they receive a survey with a house located on it, assumes that that is where the person wants to build it as the person has drawn it on the survey himself showing the distances from the lot lines. He said if it is located where it would violate any of the Codes, the Building Inspector will inform the person. (NOTE: Before a permit is issued, the applicant is asked to read the following before signing the permit, "I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws � and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction." Chairman Drigans asked if there are any houses built on the same side of the street on this block. Mr. Israelson said his is the first house on this side and added that Mr. Harris, the developer, had stated he would have to plan houses with the garages possibly jutting out in front (L-shaped) for the rest of the houses to conform to the same setback. Mrs. Wahlberg asked if this would mean everybody would need a variance along this street. Mr. Mattson said this would not necessarily mean that they will need variances as the people may not want to be set that close to the front. ' The Board felt that the waiting for the verifying survey to be checked out, to r�, determine if the house is located correctly, is not the the best procedure to follow as it is then to late to have the contractor change anything. Mr. Mattson said a footing inspection is made on all construction befpre they are allowed to pour any concrete, but that it is pretty hard to determine exact distances without the use of a transit. He said this should be the responsibility of the contractor as the City cannot be in the field holding the contractor's hand on all the jobs to make sure they do the work right before they continue. Mr. Kemper said if the only way to determine if the distances are accurate is with a transit then that is what they should use, or maybe the City should have the State inspectors do the inspecting. Mrs. Wahlberg stated she felt there should be some listing of the requirements to give people at the time they apply for a permit. Mr. Mattson said it just isn't that easy to get a permit. He said everything is checked out before a permit is issued, and he added that the requirements wouldn't give the contractor any help out in the field if he doesn't know where his lot lines are. Mrs. Wahlberg stated that it would inform the people of the minimum requirements. - Mr. Kemper said he would like to see the building permits be a Zittle more informative. Mr. Mattson said that it gets down to where does the City's responsibility end, and added that the City Code is always available for people to look at and the staff is available to answer questions. Chairman Drigans asked why the people are paying a fee for inspections if they can't get the work really looked at. Mrs. Wahlberg added that if there was more caution taken at the time the building was laid out, the two variances tonight, on foundations being put in wrong, could have been eliminated. She said if the �^ construction is okay at the foundation inspection, then the rest of it should all fall into place. Mr. Mattson stated that there are a great number of permits issued and the number of errors not caught is very small. The Minutes o� the Appeals Comnission Meeting of September T6, 1975 PageA� y Mr. Kemper said there is a difference between not following the proposed plan and , not understanding the Codes. Chairman Drigans stated the applicant has stated on the variance application that he measured from the.curb instead of the lot line. ^ Mr. Mattson sta.ted it is hard to determine whether a distance is 28 feet or 35 feet �� out in the field without measizring. He added he felt the City staff are doing an excellerit job. _ � � MOTION by Kemper, seconded b.y.Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. . ' , , MOTION by Gabel, seconded_by Wahlberg, to recommerid approval of the variance to reduce the front yard setback from 35 feet to 28.8 feet, the reason,being that the . house is already there, �nd:thi,s is just academic. Upon a voice vote, there being no nays, the motion'carried. � , Chairman Drigans informed Mr. Israelson.bf the procedure that this request will go through. He stated that Nlr� Israelson could appear before the Council on Monday (Sept. 22) durin� the visitor portion of the meeting and explain the circumstances of the request and a�so explain that the Appeals Commission ha� unanimously approved the request. Chairman Drigans also said that Mr. Israeison could voice his opinion on the procedure that had to be followed to get a variance acted on. • Mr. Israelson said he had hoped to be able to move in to his house on November 1, and a delay of 2- 3 we�ks will not help him any. 6. A REQUEST FOR A VARIANCE OF SECTION 2b5.135, 1B, FRIDLEY CITY CODE, TO WAIVE THE INSTALLATION OF CURBING ALONG THE EXISTING PAFtKING LOT THAT IS ALONG THE SOUTH SIDE OF THE STRUCTURE, TO ALLOW THE CON5TRUCTIOId OF AN ADDITIODI TO Z�N EXISTING �n BUILDING LOCATED ON PART OF SECTION 11, T-30, R-24, ANOKA COUNTY, TH� SAME BEING 500 - 73RD AVENUE N.E., FR.IDLEY, MINNESOTA. (REQUEST BY CARTER DAY COMPANY, 500 - 73RD AVENUE N.E.. FRIDLEY, MINNESOTA 55432.) Mr. Schmidt, representing Carter-Day Campany, was present to present the request. MOTION by Wahlberg, seconded by Kemper, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. The plot plan for the property was shown to the Board. Mr. Schmidt pointed out on the plot plan the existing building, the proposed addition and the parking area. He explained they plan to install the required curbing on everything that is existing plus on everything new, but they would 1ik� a variance on the section of curbing that is along the existing parking lot that is along the south side of the structure. He explained there is a problem here is that the grass and the floor of the building are at the same elevation. He said if the curbing was installed it would trap the water which in turn would go into the building. He said tY:e alternative to waiving the curbing would be to lowar the parking lot which would have an astronomical cost. He added that when the original building permit was issued the ordinance on curbing did not exist. He said the Engineering Department had concurred that installing the curbinq would not be a good situation. He said to raise the grass would create more problems by being above the floor 1eve1. T^ The Minutes of the Appeals Commission Meeting of September 16, 1975 Paqe 9 Mr. Mattson explained the elevations were verified and it was found they are corr�� and it is felt there wouid be a distinct problem with the curbing. He said the � water would be seeping into the building through the joints and this building is �' not designed to handle this. Mrs. Wahlberg asked if there was any curbing there now. Mr. Schmidt said there wasn't because the ordinance did not exist at that time. He said they are asking to let them forget about this curbing. Mrs. Wahlberg asked if there has been any seepage now and Mr. Schmidt said there hasn't been as the water has a chan ce to drain away from the structure. Mr. Kemper asked if there was any type of concrete abutment existing. Mr. Schmidt there was none as this is used only as an access area to �he parking lot. Mr. Mattson stated that to prevent seepage if the curbing had to be installed would require installing a real elaborate drainage system. Mr. Schmidt said they have installed storm sewers to catch the water from the roof because there is no way they can get rid of it because of the different levels. He added the curbing would catch the water and change the d.ainage. Chairman Drigans said the hardship is the expense to change the parking lot level. He asked what the condition of the grass area was and Mr. Schmidt said it is kept up very nice and there is no driving on it. Mr. Ma.ttson said there is a strong demarcation mark that precludes people from driving on it. MOTION by Kemper, seconded by Gabel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. � n Mrs. Wahlberg said she felt that Mr. Schmidt had throughly stated the hardships involved in eliminating the problem if the curbing was to be installed. MOTION by Wahlberg, seconded by Kemper, to recommend approval of the variance to waive installing the curbing alang the existing parking lot that is along the south side of the structure. Upon a voice vote, there being no nays, the motion carried. � 7. DISCUSSION ON ALTERNATIVE METHODS FOR PR�JCESSING VARIANCE AFPLICATIONS Chairman Driqans informed the Board that it has been suggested by various people that any process by which the City could spe�d up certain variance applications would enhance the building season in Fridley. He said specifically the area that the Board should concern themselves with is the residential structures that are currently existing where they propose an addition of living area or a garage addition. He said the process now, with the reorganization of the Commissions, requires that all requests from the Appeals Board funnel through the Planning Commission and then to the Council. He said it does delay the approval process considerably and that may not be all bad but in residential areas maybe this Commission should look at alternatives and make a recommendation to the Council. He said there was a time when the Board had final approval on variances and to make the petitioners wait 3 or 4 weeks for final action is putting the City in a bad Zight for a 6 inch variance. He said people don't appreciate that. Chairman Drigans said his recommendation is to a13.ow this Commission to grant �.�,� variances, on residential property, that had the.unanimous approval of the Commission, and no objections from anybody, public or the administration or the Commission, and that if there were stipulations attached to the approval that everybody agreed to them. He said where those variances were granted, the people The Minutes of the Appeals Commission Meeting of 5eptember 16, 1975 Page 10 ; �ould be allowed to build and to get Council approval after the fact. He said variances that had objections to them by anybody, would not be automatic, but �2 ' � would have to go through the Planning Commission with final action by the Council. '� Chairman Drigans added that the public hearing would be held and the adjoining property owners notified, and it could be stated on the public hearing notice that if the proposal was discussed and approved, that this was the final action. Mrs. Wahlberg said there is a difference between new and existing residential structures and those other than Yesidential. She asked Chairman Drigans if she was correct in saying that the Board would like to make the recommendation that the requests for variances to only existing residential structures would receive final approval if the Board so decided. Chairman Drigans,said he thought the Board should not concern themselves with the industrial so much but worry more a�out the residential because that is where the real hardship is, where the homeowner knows nothing about the paperwork and time involved in processing the applications. He said people someti.me do not even know that they need a building permit and some want.to get it done in the building season opposed to a contractor in the business who knows the Code and whose bi�siness it is to know the procedure to go through. Mrs. Gabel asked if the Board could safely say R-1 only, that would include new and existing. She said if that would be the case now, the two requests tonight on the foundations, could have gone ahead. Mr. Kemper stated the residential variances pnly have small areas that they affect whereas industrial variances affect the whole City. He added that the Council in most cases, has gone along with the Board's opinion. He said if there would be � any objection from the public, administration or the Board, then it would have to ^ go through the Planning Commission and the Council. Chairman Drigans asked what the administration's feeling was on this. Mr. Mattsan said the administration came up with three possible speed up processes. He said #1 would be to change the order around, between the Planning Commission and the Appeals Commission so that while the public hearing notices are being sent out to the adjoining property owners for the public hearing before the Appeals Commission, the request is going before the Planning Commission for consideration. He said #2 would be to give the Board final say on variances under specific instances. He said #3 would be to give the staff power to approve variances in certain circumstances if they could get a letter of no objection signed by all the affected neighbors. Chairman Drigans asked the Board members if they would feel any undue pressure if they knew that if they objected to a variance, that it would delay the petitioner by 3 or 4 weeks. He said now it really doesn't delay the applicant if a member votes nay, but if the new procedure was accepted, it would make a difference. Mrs. Gabel said she would not feel threatened because usually as a whole,the Board agrees on the final action. Mrs. Wahlberg said that it would be one sure way of having another Commission review the request if you felt you have any questions that need to be looked into further. Mr. Kemper said he would agree with that procedure. Mrs. Wahlberg questioned the #1 procedure for saving time, because it would depend on when the applications were submitted. She said it would not save time if the application was submitted a day after the Planning Commissian meeting. � Chairman Drigans questioned the #3 procedure as h'e said it would be very hard for � the administration to say no to peop].e who they come in contact with daily, such as contractors and he felt it would be easier for the Board to act on the requests. _ --�-� 1 ^ The Minutes of the Appeals Commission Meetinq of September 16, 1975 Pa e 11 � 3 Mrs. Wahlberg said this would put �re pressure on,the petitioner also, as he would have to go around getting.the signatures, and this could take more time if the ^ adjoining property owners lived out of town. �Chairman Drigans said he felt the clean way to handle the applications for residential areas.is for the Appeals Commission to grant the variances if there are no objections from anyone. Chainnan Drigans stated that in any case, the City Code should be changed to show that the adjoining property owners should be notified 10 days ahead of the meeting. Mrs. Wahlberg asked if the proper procedure would be to make a recommendation to the City Council to change the procedure and to change the wording of the Code or would this also have to go to the Planning Commission. Chairman Drigans felt it should go to the Planning Commission and then to the Council. Mrs. Wahlberg said the administration may not concur with the App�als Commission's recommendation, as they may want to have the final say in some instances. Chairman Drigans stated the Board should list �he items they are concerned with for residential areas as opposed to commercial and industrial. The Board agreed that their recommendation would be; To recommend to the Planning Commission and the Council that the Appeals Commission be granted the power to grant variances in residential (R-1 Zoning) areas under the following conditions; ' 1. Where there is unanimous agreement of the Appeals Commission 2. Where the staff concurs with the recommendation of the Appeals Commission n 3. Where the general public attending the meeting or responding to the notice � have no objections 4. Where the petitioner is in agreement with the recommendation That in those eases where any of the above disagree, that the normal procedure of the request going to the Planning Commission and then to the Council for final determination would be adhered to. Chairman Drigans stated that if the Council concurs with this recommendation, it would be necessary to amend Ordinance #584, Section 205.18 along with an amendment to the ordinance which reflects,that written notification be sent to adjacent property owners, and that a time frame be put on the notification (l0.days prior to the meeting),and that a distance of at least 200 feet�be used for notification. Mrs. Wahlberg added that if the Council approved this concept, the public hearing - notice should state �hat the Board will have the final decision. 8. BILLBOARDS Chairman Drigans informed the Board that during the last two meetings, the Planning Commission has been reviewing billboards, and for the most part, the recommendations have been to grant the special use permits for continuance of the.billboards with the stipulation that the time limit coincides with the expiration of the lease. It was brought to the attention of the Commission that there has been some concern � expressed by the new members on the Planning Commission that billboards have not been discussed at any other commission level. The Appeals Commission would like to �� point out that there have been many discussions during the last 1 to 2 years at the Board of Appeals subcommittee level concerning billboards. In addition to billboards, . F. j . ; . iThe Minutes of the Appeals Commission Meeting of 5eptember 16, 1975 Paae 12 the Appeals Commission is concerned with the entire 5ign Ordinance and the effect ; . of all signs in the community as this is the Commission that deals with most of 43� ° ^ the signs in the community. ^ � ' The Appeals Commission appreciates the concern of the Human Realtions Commission . cpncerning billboards and the Board promises to continue to be concerned with all si ns in t he communit . g y ADJOURNMENT: MOTION by Wahlberg, seconded by Kemper, to adjourn the meeting at 10:50 P.M. Upon a voice vote; there being no nays, the motion carried. Respectfully submitted, �� U � , MARY HIN Z Secretary �n � COMMUNITY DEVELOPML-'NT COMMISSION M�ETI�G OP SEPTEMBER 17, 1975 �� Chairman Bergman called the meeting to order ai 7:40 P.M. MEMBERS PRESENT: Bergman, Lindblad, Forester MEMBERS ABSENT: Oquist, Stanley OTHERS PRESENT: Jerrold Boardman, Planning Assistant 1. APPROVAL OF MINUTES FROM THE AUGUST 27, 1975 MEETING. MOTION by Lindblad, seconded by Forester to approve the minutes of the August,27, 1975 meeting as written. UPON A VOICE VOTE, all voting aye, the motion carried. 2. GOALS AND OBJ�C'TIVES Mr. Boardman stated the commission would decide upon and work on the objectives at this meeting. (Pages 3,4, £; 5 are the new revised and added objectives) DISCUSSION OF OBJECTIVES During the discussion of Goal #I the wording of Objective #1 was changed and Objective #2 was•deleted. Further discussion of additional objectives will be continued at the next meeting. ^ The objectives under Goal #2 were discussed and reviewed. The new changes have been rnade and ap�ear on pages 3 and 4. � Mr. Lindblad stated his cancern over Objective #4, Pte�m��e a Gu.gh. �ta�.dcvi.d a� ma,iwtenav�ee av�d ecuc.e a� hau��.ng uw%� .�v� ex,v,�,i,v�g ne,i.�chba��.hvad�s, he stated that he would like to see L-ax adjustments given.to people who ma.de improve- ments on their homes. He said that he £elt that taxes should be decreased if the homeowner made improvements on his property. Tir. Bergman said that the people are taxed to provide federal monies, but we need and alternative to the high taxes. If ihere were a decrease in taxes because of new home improvemenis it would provide encouragernent�to homeowners to improve theix property. This would keep communities from becoming run down. Mr. Lindblad stated he would also like to see a system incorparated to help older people to maintain tlieir homes and stay in Fridley. We need to pro-rate the incentive for people to stay in Fridley using a certain age or for example, age 65, they would no longer have to pay taxes. A1r. Lindbla� stated that he felt the high cost of taxes caused the elderly to move out of Fridley. Mr. Lindblad stated that after a certain amount of years (40 for example) if a person lived in Fridley it would help encourage people to stay here . if they new they were going to get a tax break at the end of that period �..� of time. This would help the elderly to be able to stay in Fridley. This would be part of GOAL #1, PROMOTE AND MAINTAIN A BALAIvCED POPULATION MIXTURE. �y n � � COMMtJNITY DEVELOPMENT CONINIISSION MEETING OF SEPTEMBER 17, 1975 Page 2 Mr. Lindblad stated that the elderly should receive a tax break because they do not.need the facilities the City provides, for example; schools. He also stated that a higher tax structure maybe needed. Mr. Boardman stated that the p�operty taxes could be made up in industrial taxes. There was a discussion concerning Objective #5, A1',2qu1 �on �Gee deve.evpmev�t ob adequa,te eav�vewi.ewt detr.v�,ce ��ac.i.�i�,i.e� �o mee,t �he need�s a{� ne��.de��i.a.� ne�i.ghban.hvad�s, such servi.ce facil.ities as a telephone installed in the park for emergencies and commercial services such as rapid shops, and laundromats. Gaals #3 and #4 will be continued at the next meeting. DISCUSSION OF GOAL #5 � MOTION, by Forester, seconded by Lindblad, that the word level be changed to degree in the wording of Goal #5. UPON A VOICE VOTE, all voting aye, the motion carried. The objectives of �;oal #5 �vere discussed and three new objectives were /"� added. r�, Chairman Bergman stated he would like to see a"Downtown Fridley", to help provide the Gity with an identity. 9 The commission discussed the addition of a 7th Goai, PROMOTE llNIFICATION OF FRIDLEY, but there is no motion of approval of Goal #7 at this time. MOTION DIRECTED TO Mfi. BOARDMAN MOTION, by Foreste�, seconded by Lindblad, that Jerrold Boardman revi�w the objectives between no►v and the commissions next meeting and if there is anything else that he feels we have missed that these be brought up at that meeting. � . UPON A VOICE VOTE, all voting aye, the motion carried. The next scheduled meeting will be on October 1, 1975. Chairman Bergman adjourned the meeting at 10:20 P.M. Respectf.ully submitted, �••� �,.�4 !7'Z� i--L ARLENE L. SMITH Secretary YAVL S � � ^ ^ CONIl�UNITY DEVELOPMENT GOALS F� OBJECTIV�S PURPOSE OF COMMiJiJITY DEVELOPMENT IS TO PROMQTE A COMMUNITY FOR ITS CITIZENS 4VHICH WILL PROVIDE THE BEST ENVIRONMENT FOR THE EXPERIENCE OF LIVING. GOAL #1 PRUMOT� AND MATNTAIN A BALANC�D POPULATI�N MIXTUR� OBJECTIVES l. A.P.e.vw ��n a vcvu.e,ty a� .P.i�e��y.2e� �y �nav�,di,ng a w�.de nange v� �s�c,i.a2, ecav�arn.t.c, e.duc�,t.i.ana,2 and �h.y�s�.ca,2 ber�es� needed �a �,� cvice q ucc,�i� y.�i.v�.v�g ev�v,ur a vim evi,� . 2. � . � GOAL #2 PROVTD� FUR AN� MATNTAIN A�DIV�RSITy 0� SUITABL� NOUSTNG AND LTVING �ti'VIRONM�NTS GIITHIh! TH� CUMMUNITy OBJECTIV�S 1. Pnav-i.de a wtide tc.av!ge ab adeqcca�e haws�.�ig ap�aa�uwi�.e�s �vn peap.2e o� a,�,� �.vccame .�eve.P�, age gnau�s and. e�h.v�.i.� bac(�gnc�un�s. 2. Pnama�e �he p'ce,� e�c.va t,ic n and upgn�.di.E1g a� ex i�s�.v►.g n�.idewt,i.a,2 � ne,ig hb �n.ha a d� . � �-, 3. �ev22a� and mcu.r�tcc,i_n �2e ne,�ghbar,hood cav�ce�x a� a ba�s�.c phy�.�cu,E p.Eavtvi,i.ng uvu.i ��n ne��.der�,i,a,2 cvice�z.�s . 4. Pxama�e a F�,i.gh �s�andcvcd a� ma,i.wtenance and ccuce a� li�u.d�,ng uvwt.� .i.n. ex,i,a�i.�.g ne�..ghbanhood� . 5. A.E�aw bon �G►.e deve.ea�mev�t ag adequa�e eanveiuev� �s�c.v.iee �ac,�,P.i,t.t.e�s �o mee,i �he needb o� n��.dev�ti.a.e ne,i.gkbonhaad� . PAGE 4 Goals and OUjectives � � GOAL #2 (Cont.) � 6. �ncowc.age gene�r.a,2 c,i.ty wtide di��r�,bwt�,o� a� �aw and ma�etca�e .c;v�.evme hou��,ng �a avo�.d cav�ce�.i.aws �g �same. GOAL #3 ��V�LOP, MAINTAIN, AN� �N�ORC� A PLANN��, �O�LL BALANC�� LAND US� SyST�M OBJECTIVES . l. �.usc�unage �he eKCt�.aachmer�t a� camme�.c,i.a2 av�d �,ndu��,i.a,�. deve.2.af�mewt .i.n.iv ne�s-i.devLt,i.a.2 anea�, bu� a,P.2our�,v�y �a.�. deve,2��mewi ab Gu.e�r.cvcchy a� �eJiv�.ce�5 �v �h.e ne,��.dev►�,�.a,e ne,i.ghbv�clivvd�. � . � GOAL #4 PRUVT�� AN� CUNTINL(ALLy UPGRAD� PUT3LIC S�RUTC�S AND �ACILITI�S IN SU��ICI�NT QUANTITy AN� QUALITy TO INSUR� A HIGH QUALITy LTVING �NVIR�NM�NT . OBJECTIVES � � � a PAGE S Goals and Objectives � GOAL #5 PROVI�� AND MQINTAIN A HTGH D�GRt� �F ACC�SS78ILITy �S TU ALLO� FOR SQF� ��ICI�NT MUV�McNT 0� P�UPL�, G�ODS ^ AN� S�RUI C�S OBJECTIVES 1. �nc�wcage �.nc�cea�ed pede�s�u.an an b�,cyc.ee �c.a{��,c w-i.tGu.n �he C.i.ty. 2. Pjc.t�mo�e .inctcea�ed �ub.e,i,c �r.a.ws�a�r,ta,t,i.av� �ac,i.P.�t.i.e� �v �nvv.i.de be�t.tetc av�d mane co�vewi.ev� �.aws�atr.icr�,i.an ��pvt�uvi,i�i.e� �a �Gi.e �ub-P�i.c. 3. Pn�ma�e and deve.ev� a Fi,i.gh deynee a� aabe,t� �.v� �.Y.� .2eve,P�s v� �c.av��a�cr,t,i.an ac�ti,v.i.ty. 4. Pn�ma�e adequ.a�e ne.i.ghbanhvod acce�s�s w.i.tiv n�he cammuvu.ty. 5: Pnama�e we.P,2 de{��.ned �y�s�em a� �.aws:�ar,�c�,ti.vv� ��n. �he deve2vpme.v�t ab gaad {�.�aw pc�t.te�cvv� �h�c�ughacLt �he C.t.ty. 6. Ph.ama�e and ma,i.wtct,i.n a we,P.� deUtined �y�5�em �a a,dequct�e�2y �nav�.de �ah ,i,ncfws�r.y. 7. Pjc.vm��e a c�a�e�i.a�,�vn be�weev� g�vehvimevLta,2 agene.i.e� . . GOAL #6 PRUMUT� CITIZ�N AGIAR�N�SS 11ND CITTZ�N T�VVGLV�M�NT IN T�-(� ��V£LUPM�NT �'�`� 0� Tf��IR COMMGNITy � OBJECTIVES � �, l. Pnvmv�e �h.e deve.ea�mewi �b �.e.%.ghbanhvad angaru.zcc�c.v�. �a encowzuge inv�.2veme� �,�. ne.ighbatchavd p.ea.nwi.ng. � 2. Pfc.vmv�e �anagtcam� �a e��ec�t,i.ve.ey dl��,mu,2a�e .i,vi.�anmct�,i,an �a a majv�r,i.�� cica�sd �ec.t,i,an ag �'ri.e �vpu,�c�,t.i.an. � a . � � . . . � . � 49 . ' . OFFICIAL NOTICE . � •� � CITY OF FRIDLEY � , ( ^ • . . ' . ' . ; P.UBLIC HEARING '. . � , ^ �. �QEFORE 7HE , • , ' RLANNING COI�7MISSION � . F � . . � ; �, .' TO t�1HOM TT MAY CONCERN: � � 'i Notice is hereb � � ,� y g�ven that.there wil] be a Pub1ic Nearing of the '{ , , Planning Commission of the City of Fr.idley in the City Hall at 6431 k University Avenue Northeast on Wednesday, September 24, 1975 in the Council � Chamber at 7:30 P.M. to consider the following matter: � R request for a Special llse Permit, SP #75-24, . by Vilnis Vilinski, to expand the sale of mobile ' � homes to include all af Lot 3, Block l, Central � View Manar 2nd Addition, per Fridley City Code,.� . . Section 205�.102, (3,N),. all lying in the North Half of Section 12, City of Fridley, County.of � • Anoka, Minnesota. Generally located at 7355 Highway #65 N.E. -� � � � , � . ; n. Anyone desiring to be heard with reference ta the above matter may be.heard at this meeting. - . , . RICHARD H. HARRIS . CHAIRMAN PLANNING COMMISSION .. Publish: September 1.0, 1975 ._ � September 17, 1975 � � �. . . . . � •, . • . � � _ �. . • , _ _ _ � ^ � NuMBC2 ��s-�� CTTY Or PRIDLi:Y MINNCSU'Tti PI.ANNING I1ND ZOVING FORM APPLICMI'f' S S IGNATUR� �,�,�,a �/ - - -- Address 1131 Washburn Ave. S. Mpls., � Telephone Number 631-1364 374-34�7 PROPERTY 0{VNER' S S I GNATURE �v,�,�y�,,c�d� `� � Address 1131 Washburn Ave. S. 5� � TYP� OF REQUCST Rezaning X Special Use Permit Approval of Premin- inary $ Pinal. Plat Streets or Alley Vacations Other Telephone Number. 631-�364 374-34�7 , Fee�`'vReceipt No. ``��1l��; Street Location of Property 7355 Highway 65 N.E. i Legal Description of Property �t 3, Central View PQanor, 2nd Addition � Present Zoning Classification Existing Use of Property vacant _ ` Acreage of Property _ �•64 Describe briefly the proposed zoning classification or type of use and improvement �roposea Mobile �iome Sales Lot im�ovments wil�. be as stated on SP #1474 ^ Has the present applicant previousl.y sought to rezone, plat, ob�ain a lot split or ^ variance or special use permit an the suvject site or part of it? yes X no. What was requested and when? • . ' 1 , The undersigned understands that: (a) a list of all residents and owners of property = within 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or�an explanation given why t}iis is not the case. (c) Responsibility for any defect in ttie proceedings resulting from the failure to 1?st the nam�s and addresses af all residents and property o►,mers of property in Quest'ion, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Direction. 2. Location•of proposed structure on �he Iot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4: Street Names. S. Location and use af,adjacent existing buildin�s (within 30U feet)." The undcrsigned liereby declares that all the facts and representations stated in this . application are true and correct. � DATE SIGNATURE U�v�,,c. C/,c-�.,,�,��Z� . _ . � (APPLICnNT) . � Date ri2ed �� 5�7 S"i Date of Hearing � � . Planning Commission Approucd City Council Approved . . (dates) Denicd (dates) Denicd , � : 51 � Planning Commission 9-9-75 MAILING LIST � � SP #75-24 Vilnis Vilinski • . Special Use Permit to expand the aale of mobile homes to include all of Lot 3, Block 1, Central � � Yiew Manor 2nd Addition Vilis Vilinski � 1131 Washburn Avenue South Minneapolis, Mn � Ron Christiansen Rea1 co � 6441 University AVenue N.E. � � � Fridley, Mn 55432 Sheldon Mortenson 2289 85th Avenue N.E. � Fridley, Mn 55434 � � f Mr. & Mrs. Carl Sorenson j 4615 University Avenue N.E. � Minneapol;is Mn 55421 � - Central Auto Parts � � 1201 73 1/2 Avenue N.E. n Fridley,�Mn 55432 Glen Wong . . 1160 Fireside Drive N.E. Fridley, Mn 55432 ' Gustavson Grinding � 7410 Central Avenue N.E. � Fridley, Mn 55432 Peter Brook , . 7450 Central Rvenue N.E. � - ' Fridley, Mn 55432 . � n . 52. �°�i �' ��'�'��°� � August 26, 1975 o � � M �f;lnis Vi 1 inski � 1131 Washburn Avenue South � � � �. � Minnepolis, Mn 55405 � � � N _ � ' t° Re: Special Use Permit for a Mobile Home Sales M Operation at 7355 Highway #65 N.E. � . , � Dear Mr. Vi1 inski : - a . o � At the regular City Couneil meeting of August 18, 1975 approval, � W was given for a transfer of ownership on Special Use Permit, SP # z 74-14. In addition to this change, they also changed the stipulations � Numbers 7 and 8 and added a l4th stipulation. (See attached list of } complete stipulations as approved by Council�. � W �o AnotF�er request of the City Couneil was that this Special Use n �c be expanded to include all of Lot 3, Block la Central View Manor 2nd ^ � Addition. We are already in receipt of this request; SP #75-24, and � this will be heard by the Plannin.g Commission at a'Public Nearinq on - y September 24, 1975. � Q � w � If you have any questions, please feel free to call me at 571-345.0. � o . . z W � � � z . . . W � � > � Sincerely, . �, . � y / ° W / „� ` t � � . �,..,.- ,/��Li � �� Z �E.ROLD L. BOARDMAN : � �/"Planning Assistant � � � JLB/de . . . . � Attach: 1 . �- - � z w . U � � cc: Realco, Inc. �,,, > Ron .Christiansen � ^ � . 53 Stipula�tions for Special Use Permit, SP #75-24 *1. A Special Use Permit to operate a mobile home sales lot is given only to � Vilnis Vilenski� as an individual and he will be the operatar of the :� business. If the business changes hands or he no longer is the majority . owner and operator of the business, the permit will be null and void, and wauld have to be reviewed by the City Council before transfer. 2. The office trailer will be blocked on concrete blocks and the base will be skirted with aluminum. The Affice wiil be connected to utilities; si��h as water, sewer, gas and electricity. 3. Two restrooms will be installed in the office for the pubiic`s use. 4. The office trailer to be taxed as a permenent structure. 5. There will be no permanent residents in the mobile homes and no repairing or storage of damaged trailers. 6� There wiil be a minimum or 10 feet of spac� between the trailers. *� . *g . 9. /'\ � ,�°� 10. 11. 12. 13. *14. � /1 The public and employee parking lot will be blacktopped by Apri7 1, 1976. Provide screening fence along the north property line immediately. Precast curb will be put along the entrance and along the parking area for customers. The land will be kept clean and free of debris, junk and unsightTy materials, and all g�reen ar.eas wili be kept free of weeds, cut and well groomed. There wi11 be no washouts on the property due to surface drainage and if there are any, these will be filled and taken care of immediately. Lighting, landscaping, and plot plat be approved by ttre Planning Department. ' All signs will comply with the requirements of the Sign Ordinance. . �, . Thi� Special Use Permit be issued for a maximum of three years . with the 1 is less. �� • That a performance bond in the amount of $1,500 be provided for the blacktopping and landscaping. , ' Note: * changed or added by City Council on August 18, 1975, with the stipulation that the petitioner apply for a Special Use Permit (SP #75-24) on the remainder of the parcel so that the Special Use Permit eovers all of Eot_3,�Block 1, Central View Manor 2nd Addition. 7355 Nighway #65 N.E. (Origina3 Special Use Permit, SP #74-14 Michael Rotter) . � ! � �4 � _ � � EALCO ■ 6441 UNIVERSITY AVENUE N.E. MINNEAPOLIS, MINNESOTA 55432 PH. (612) 566-6441 � � � � � ,� � Memo to: City of Fidley From: Gus Doty—Ron Christiansen(Realco Realty) for Vilnis Vilinskis. ._ Date: August 15, �975 Letter of intent to transfer Special Use Permit SP #74�4 as presently written and approved, from the name of Micheal B. Rodder to Vilnis Vilinskis on the property at 7355 Highway 65 N.E., also known as Lot 3, Block 1, Central View Manor Second Addition. The City Council shoud note that; � 1. Before the approval of the Central View Plat, Lot 3 was 329 feet deep where now it is 509 feet deep. This was effective June 6, �g?5. The additional footage does need to be filled and therefore is not ready for use at the present time. 2. The�sale of this property is subject to the approval of the Special Use Permit transfer. I have been advised by the City of Fridley assessor that this operation will provide approximately $900.00 in additional tax revenue annually over and above the lot tax. 5ince the mobile home business is at a minimum in the winter months our prospective buyer would appreciate rapid decission on this transfer of permit. T talked with Virgel Herrick on August 14s �975 and he felt that there should be no problem as long as the City council approved d��f the transfer. ' � � Sincerely Yours , , , . _ �'�^-�� U�, r � -�--- Ronald �. Christiansen � � � • r . t • t • ; • -� r ` �.„^ 't- � �IV � i1f� L: 'f�-��j : , w e �N �.T--- ,t� '."�• . � .I �Y � V'' . (, 4� l � � _ � � 1 .t � ' , � • ��^ �, y Q �,F . , � �.. —WI �' ,� ��I ' ; M ��:, �� .� . oY-� �;;•- ��-y°�;;" a�N N 0 `f :.,,. ��iru � , ti! : '. p n � p'��t ;� �—._i ;.•�' ', ( .t � ..�1- �.' � .'' .0 > N. M � � • ,J ` � ,'t' � . � � 0� Z � N �� :O s+ j � ,e • � � cv � r �N � •��,a. s �-..��t 1. �'L� � .� ' � . , z . ! 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Z � � _ '_ ---- •-- --....-..�. �:.n... -•-- --l332J1S - - 318V ----__-.__.__. �__.� oii 7 � t� W � `M �— O � ` ' �� . i �� (t ' t � I 1 F ' �;, i � t � � . i ! i .� {-. � � I f I � : � C � � i � i � ' �. Ua QFFICIAL NQTICE � � CITY OF FRIDLEY PUBLIC HE�IRING � � . � BEFORE THE . � � TO WHOM IT h1AY CONCERN: � � . Notice is hereby given that there will be a Public.Hearing of the Planning Commission of the City of Fridl�y in tiie City Hall at 6431 � University Avenue Northeast on Wednesday, September 24; 1975 in the Council . Chamber at 7:30 P.M. to consider the following matter: � � A request for a Special Use Permit, SP #75-25, by Win .$tephens Datsun North, to expan�d the sale of new and used . cars to include the North 100 feet of the East 200 feet � of Lot 2, Block 2, East Ranch Estate� 2nd Addition, per . Fri�dley City Code, Section 205.101, (3,B) and (3,G), in a � C-2.zone (general business areas), all lying in the South �'1 � Half of Section 2, City of Fridley, Gounty of Anoka, ' �', �linnesota. . _ , _ Generally located at 7810 University Avenue N.E. � • . Anyone desiring to be heard with reference tv the above matter may : be heard at this meeting. � � . � .� . � RIGHARD N. HARRIS . . . • . CNAIRMAN . � � � PLANNING�COMMISSION . � ' _ . Publish. September 10, 1975 � .� ' September 17, 1975 � �"\ � • . • _ . � . �' r � . . . . . . � . � R� �� CITY OF FRIDLGY MINNCSUTA �� - �� PLANNING AND ZONTNG FORM _ � NUMI3ER�j. � 7� �j� � , � � APPLICANT' S S IGNt1TU • _ � /� .: ✓ - � Address ��j'/D i/%/'l�/ � %��- a� I TYPE Or R�QUCST Rezonin� �_ Special Use Permit Telephone Number ��- �–(�O � � Approval of Premin- inary $ Final Plat PROPERTY 019NER' S SIGNATUR� �7%�/t/ �j�E�ff��dS j%y�r�' rt/o�;T/t�_ Streets or Alley �,yG: Vacations Addres s � � � U �/v � `✓- J'/� � - � • . Other Telephone Number �/�1–G0 �l Street Location of Property ?� / Q uf�/t !� � �' Fe��,Qb Receipt No �%�%� I Legal Description of Property �-�.r-ic2t �it �- � w L/�rvO , Present Zoning Classification Existing Use of Property � r°;�s�C� C�'{2 0,-�t��s'+�� p Acxeage of Property /� %��QF Describe briefly the proposed zoning classification I or type of use �and improvement proposed �LC �� fr� °` �f�� -,S I � Has the present applicant previously sought to rezone, plat, obtain a lot sp1iL or � variance or special use permit on the subject site or part af .it?_�yes no. , What was requested and when? ��T �j�'Li�f" � c.��".�Gi�� L-IS,E `�9M��'" .. The undersigned understands that: (a) a list of all residents and owners of property within 30� feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and � property owners of property in c�uestion, belongs to the undersigned.. A sketcli of proposed pro�erty and strueture must be dra�vn and attached, shotiTing the - £ollotaing: 1. North Direction. 2. Location of proposed structure on tlie lot. 3. Dimensio�is of property, proposed structurc, and front and side setbacks. 4. Street Names. 5. Location and use of adjacent existing buildings (within 300 feet) � � The undersi�ned hereby declares that all the facts and representations,stated in this ap�lication are true and corrcct. . DAT� ✓/.�.�� 3� SIGNATUR • � . ` — . ' (API'LICAN'I') . Date Filed Date of Hcaring Planning Commission Appxoved City Council '(dates) Denieci (dates) Approved Denicd . �.......� --......:..... t�_. �� ' � Council . - � . Mail ing List . � . SP �f75-05 Win Stephens Datsun North & SP #75-25 ' ^ On parts of Lots 2& 3, alock 2, � � � . , East�Ranch Estates 2nd Addition � � � ' �. the same being 7II10 University Avenue.. � , . � � � ' � Roland Qenjamin _ � �in'Stephens Datsun South � � 2230' S. � Highway 100 i � St. Louis Park, Mn 55416 ... . Robert Schroer � � . � � � 490 Rice Creek Blvd. N.E. �� Fridley, Mn 55432 . � � � Fridley Development Inc. . � . � : c/o T. Troy . ' � � 580 Northstar Cent. r � . ' - Minneapol is.,. Mn 55402 . � � Evans Products Company : 3355 Hiavtaiha Avenue South ' �� Minneapolis, Mn 55406 . � City�of Spring Lake Park � : Zoning Administrator � 8429 Center Drive � � � Spring Lake:Park, Mn 55432 . � � . . . . . . • . . � /", • . . . . ' � �� ' � � ' .' . . • _ . . . ' . . ,�� . ii �( � I �� . . , . �� I �f . . I �. �j .n ��. '� � i�"p • � � � �� , ��`� ` _J'yL � _ ._ — — .._. _ . �3 _sr�c�r./...F,4.r� • �_ . �.....,. ; � -1^!; . 33 . 1 r�,� 1 � � �. �� / � � � �''y ° �a ^� ; q �� c� ,, .Z cy.,� � y � CR. . � � • . 1 1 ' "��f -.-- . ' � . t �.''','.`r ' .^'�i '..� F . • :' ''� . +'�� ; 11J ` il.� i . �� . _ . . �•, , , �- � . . �•. , � d . , � ` • f � •.. . � � � ,•� � ' . f ' W . � �• �y . � . ; ' C' v' , � SP #75-25 WIN STEPHENS DATSUN NORTH �-�- � � TO expand a new and used car lot to � � �' ! include the North �100 feet of the East ,� .ti -�(T�.�'et'�f`Ltst 2; B�c1� � East'�tagstr-'E ates ,� adci'it �n - - -:-'--, �r . ---- i_";.jg'. �f t . .t -.. ': 1 i r1 � t� 'a: r � " . ;: f' '�I: � .1. ."" . . � ° '' •� :1 ��,.�� . � '• ; /�A� � i. ��i� 4' : �.O��i c" 'Y � � �'1�B • ' . y.�° �r', _ i' 'y�•ID91 /�.+i:J �{ .a� . • ' J• . {` 4�e., �a! � �� ,1 . � .. v�� ''a ^ � r •� � ;� . �: a � aA�• �� , ; v � �^ �, � 8 �,'^�.' � �s 1�w's. n, n t� `� . n, ///��jjj �• � �tm � . . � � � � �. ; • '� o . � `t.c.:.�n ` .. � � . � . � t: 1 } � �31 � H �� a� ! �a.1 �Y� � � � �(\ g . if:� �1dll! � +y�} a � . - �.a w^ \ � L�.i �e � . . rr . ' .�f� : � i.^ . ��'_"� . A!d3''�s"y 3�' ;' • '> ! C �s � . J . . . . i �w (s�� 'Q�!' ir, `+. 1 ..J.. ^� , �� j: � ��/�� o``� : Sss � �,Y`7! � ,�.% �� l, k � .Z d '<y.�.�,,,�EFI, % ii �� -� --- --- , ��a� $s , `„ f ; � � � yo y 5�._; �� t� r..... . � � � ;,, � �,• . � � ` h n---�"" � � � �` ' ��` � �` � � ' � : , . , . ,�, �;>a, .��: s� � � � �,� , ? ��-d�s� . e: s3 sy �; � ; : 4 U � � � . h .� Cs.d �� R 3??i � � !'"J , , ` , ;: T i c:.,' _ ";— � ' � :.� .�� ;� ` � . • c� • 6 �:^�. ' � 3 D ;'; i � .; , �� : r.�+. '.. . . , � � ;,r.i ( , �,,��es � t� t " _. '" o �' .N. BJ s� • � i . � � . I . � ` - L�. � � � � i �-� : , � , , �..._ f e�� 4 �"' •: �- � .o �rt+'"'M" 2: c1L � � • � `.a ��t . � �" � . � . �� . . � , '-�J . ` (� � . . . . � � � V/ ��D3 . • � ' ' � • �� ; f. . r y'� �� o�' '. �� . . � .. �y,,+�` � ' �s ,�,� ... r. � �` o'.� !�t'"`�'. — r • It:°%' � „E� :.� � '1 A: Oi �!�//.' . . . . , . � hI �>d w�w+..►...d . ' f � . • ' • • • • ' " �,tt • Y�� ,• i � • . . � .i , � � . . .i ' . . ' �` � ' . ' � , • . . , . . � w�, -w , • . ' � • , � ' �� Planning Commission Meetinq - June 4, 1975 • Pa e 4 and dispose of it, if he should quit this business, and not use it for any other �,,, use than as a.greenhouse. Mr. Miles said that was all he intended to use ihis . building for, and if he went out of business, he would sell tf�is greenhouse. �`1 n /�; � .^ MOTION by Lindblad, seconded by Peterson, that the Planning Commission cZose the Public Hearing on the request for a Special Use Permit, SP #75-04, by Thomas Mi1es. Upon a voice vote, aIl voting a�e, Chairman Harris de.clared the Publie Nearing closed at 9:10 P.M. MOTION by Peterson, seconded.by Lindbl�d, that the Planning Commission recommend to Council approval of the request for a Special Use Permit, SP #75-04, by Thomas Mi1es, to a11ow construction of a 20 ft. by 35 ft, greenhouse, per Fridley City Code, Section 205.05�, 3, �I, to be Zocated on Lat l6, Auditor`s Subdivision No. 22, zoned R-.I (single famiZy dwellinq ar�as) the same being Z370 Rice Creek Road N.E. with the foZlowing stipulations: .I. No on-street parking be allowed on R.zce Creek Road for this opera�ion. 2. i�hen tnis is no Ionger used as a greenhouse, it must be removed. 3. The greenhouse be propertZy maintained. 4. Petitioner onZy be alZowed to se11 products he propagates in this greenhause. 5. This be considered as a horne occupation, and no one outside the immediate faraily be a.�lowed to work in this greenhouse. UPON A voice vote, a11 voting ar�e, the motion carried unanimously. 2. . �.... .v .�s . ,��... ,�u u �.u�.a� r�... �. �u�a.J v.c.J vvu��. Section 205.101, (3,6) and (3,G)�in a C-2 zone (general business areas) to be iocated on the North 126.Q1 feet of the East 200 feet of Lot 3, Black 2, and the South 173.99 feet of the East 200 feet of Lot 2, Block 2, all in East Rancii Estates 2nd Addition, the same being 7810 University Avenue N.E. Mr. Wyman Smith, Mr. RoTand Benjamin, Mr. Bob Schroer and Mr. Tim Hal were prese►�t. MOTION by Peterson, seconded by L.indblad, that the Planning Commission open the Public Hearing on the request for a Specia.I Use Permit, SP.#?5-05, by 6�in Stephens Datsun North. Upon a voice vote, a11 voting a�e, Chairman Flarris declared the Public Hearing open at 9:I2 P.M. , Mr. Clark said that basically this was the same operation that they had been discussing for some time that was to have been located at 7701 East River Road, but now it was going to be a completely different location. The petitioner has withdrawn � his request for the old location, and this new location was going to be just north �f the Town Crier Pancake House. He said there were a couple of items that the petitioner would have to take care of before they could start construction, if this Special Use Permit was approved. Qne was, that they have to appear before Building Standards which was was scheduied for June 5th, and the other was, that they r,rould have to apply for, and get approva] for, a lot split or a plat. The Planning Commission have previously appraved lot splits for both. the pancake house and Capp Homes, and this location fits that plan which Mr. Schroer had shown us, and which might go into effect at some future date. ��. Planninq Commission Meeting - June 4, 1975 Page 5 Mr. Clark said the plot plan presented shows that the plan meets all the setback /`� requirements for both the building and parking. Because of the easements on this � property, the location of the building was somewhat restricted. When this request goes to Building Standards, they will be going over this plan more thoroughly on � the landscaping, parking, and how the building will look aesthetically. What the petit.ioner wants from the Planning Commission was a recommendation, so they can go to the City Council and get a decision from them. �''� I'�, Mr. Wyman Smith said that'Roland Benjamin and Tim Hol were present, and they would be running this operation. There was some urgency in getting approval of the Special Use Permit because they want to break ground around the lst of July, and be in operation about three months after that. He said this new building was going to be better for the petitioner than the old building they would have had with the first reques� for a Special Use Permit. Mr. Harris asked if they had the ele�ations on the plot plan? Mr. Benjamin said they didn't have that information for this meeting, but they would have it for the Building Standards meeting. Mr. Harris asked how large this building would be? Mr. Benjamin�said it would be 8,000 square feet. He said the building on East River Road was 10,000 square feet,�so they woul.d have had about 2,000 square feet of wasted space in that building. The 8,OQ0 square foot building meets the Datsun requirements. Ne said that it was interesting that the land cost and huilding construction cost would be about the same as if they could have started operations at the first location. This was because it would have been costly to bring the old building up to the City requirements and the Datsun requirements. Mr. Clark asked Mr. Benjamin what the new building would look like. Mr. Benjamin said it would be a block building except for the show floor which would be glass. The side that faces the highway will have�a brick effect. The roof will be f1at, with a mansa rd effect all around this roof. ' Mr. Harris said they wou7d have to come back to the Planning Commission on the request for a l.ot split. Mr. Benjamin said they didn't want to request a lot split until they exercise their option to purchase this property. Mr, Harris asked Mr. Clark if this would hold them up in getting started on this projec�? �Mr. Clark said he had talked to Mr. Benjamin before this meeing, and if this came to the Planning Commission on their meeting of June 25th, it would go to the Council on July 7th, and this was close enough ta their proposed stariing date. He said the previous week was the 4th of July week, and he didn't think there would be much construction that week. Mr. Clark said that after the lot split, the parcel that remains wil7 have to meet the requirements of C-2 zoning which was 20,Q00 square feet. Mr. Bob Schroer said the proposed service road could be swung to the South so it went alonq the Win� Stephens property. Mr. Ha�rris said it would change the .setback requirements if this service road went right next to the property. Mr. Schroer said he could leave a 20 foot strip as a boulevard for this service road . then. Mr. Clark said he should give that 20 foot strip to Win Stephens, as they � ' would probably have to maintain it. Mr.Schraer�said he would, if they changed �. �� the �service drive. � �ir, Hdrr1S dSk2d if they would have enough room on this parcel for the new • Ca�� US@d Cd�'S 8nd CUStOmer and employee parking? Mr. Benjamin said they had j .. • n /'\ I � �� '. i1 6� Planning Commission hteetinq - June 4, 1975 Pane 6 an ac�'� of land at their I.694 site which was adequate, and they would have an_ � acrer and a half at this site, so he said he didn't think they would need to have any additional land for storage of cars, , Mr. Harris said he noticed that there was a drainage and utility easement right down the center of this parcel, and he wandered if this would pose any problems. Mr. Clark said it wou1dn't as they could use this for parking or for a drive�vay. �Mr. Langenfeld asked Mr•. Clark if they had gotten any response from:Spring Lake Park. htr. Clark said they hadn't. Mr. Langenfeld asked if they intended to do a great deal of service work, because he noticed that they had 9 service stalls. Mr, Benjamin said that was one of ihe Datsun requirements, and their.intention was to keep the$e stalls busy if possible. He said they knew they wouldn't need this many stalls when they first started the operation. -� �� MOTION b� Lindblad, seconded by Peterson, that the PZanning Commiss�i.o�i �Zose the Pub.Iic Hearing on the request for a Special Use Permit, SF #7.�-05, by Plin Stephens Datsun North. Upon a voice vote, a1I vo�ing�aye, Chairman Harris declared the PubZic Hearzng closed at 9:27 P.M. MOTION br� Lindblad, seconded by Peterson, that the PZanning Commission recommend to Conncil approvaZ of the request for a Special Use Pernit, SP #75-05s by Win Stephens Datsun North, to permit the sale of new and vsed cars, per FridZey City Code, Section�205.ZQ1, (3,B) and (3,G) in a C-2 zone (generaZ business areas) to be located on the North 126.O.t feet of the East Z00 feet of Lot 3, BZock 2, and the South 173.99 feet of the East 200 feet of Lat 2, Block 2, alZ in East � Ranch Estates 2nd Addition, the same being 78IO ilniversit� Avenue N.E., with the following stipulations: , 'f I.� Subject to the review and recommendations of the �uilding Standards- +%� Design Contro.I Subcommittee. � 2. Subject to the appxavaZ of a 1ot split. UPON a voice vote, aZZ voting aye, the motion carried unanimously. • �5-68 �/ � P �'Q,��' ; � � �,'"` LOT SPLIT APPLIC�TION CITY OF FRIDLEY APPLiCANT: //!/ � � �i�✓°��=�r.� ,Z%�L� i�v ��i� ADDRESS : �7 O ! � t�.�` I liivl� ��'�-`1��'' � � �/,� ; Street City Zip Code TELEPHONE � � �� -DO G � Homo Businesa �xoP��t o��r;�t(s) v�a�,��- /� S'G��vc � �� /,-�i,nLr- y � �- 63 �1�j,7�.1Cfl.71t � u =� Lot Split " , Date iled: y� ' Fee:d 0 eceipt mi��9b�� I Counczl Action:L`ate � �RF%?AI3.KS : � . . a�D��s( � ) Street City • Lip Code Streei: City Zip .Code TII,EPHONE #( S ) �3uaine ss Aome Property Loc�.tio. o.r. Street / �� or Exact Street l�ddresg (IF' ANY� �� f7' - Legal Description of Propert5: Reason for Lot Split: ` : �%��I / �l d i2'� G� ��/�/ �'�'� Axea of :'ro�er �r` U sq. ft. Fresent Zonir� Claseificatio.n �� The underei�ned hereby declaxes that all the facts and . representations stated in this application axe true and ,. correct. . DATE: 5 7 5/ SIGNATIIRE na,l instructionsj BELOW FQR CITY USF OI�FLY (SeQ �reveroe aida for o ....�.�..v— FLATS & SIIIiS : '•� Remarke: Date of Consideration - _ PLANNING COMMISSION: Itemarks : � Date of Conoideration - __ � CITY COUNCIL: Date of Coneideration - .' • � I Remarka: . � I �� . � I '�� . .hl 1 �_+ �.. ' �" � I � . � . '• ''r h� i , , �I . � � . , . ,.,.�'•::� :,�� i l'� 1 {i. , I L.S. #75-Q7 WIN ST�PHENS DATSUN NORTH a� ?�- V � � ; !!_ , � I ,, � � � � . i f^ SPLIT OFF THE I�'QRTk1� 100 FT. OF THE EAS# � � W • '' , t f I I 2 0 0 F T: O F L Q� 1 2;•.-� L O C K 2, E A S T R A N C H � � '� �. � , ESTATES 2ND ADDIT�ON TO ALLOW EXPANSI01� Ca , � �j�� .. I �� OF A NEW AND� USED CAR LOT AT 7810 �� •, �., , i J , � � UNIVERSITY AVENUE N.E. ` .�3 �r,�ur,f�o.rF J�L �.��•�s's�% _'" "' — — '� .ss I `� y V• . �.,,± _ � { ----- " ''' � ` ,, _ .:� . — ��8� �r � . . --�r +. � ,1 ,t . Y, � ... ..x:�S-�----�. ,�' �i�� ••.1...... � . • .�l_L_ y' � °, , o . w K e' � :� t . . 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J" � A.'diT:�i � ,f'� '- , i { ' ' � � � . '. �. � : � �� . � � ' . `�� .:. t �---- - , .s' � �� ; � �a3 � � � � � �° � : � .. . � a . n `�. �'`� � �s' 1 ' • � ; t : ` . a9S , _ ,*,,, �,... � p o:4 � •:• ,��r`is. r-» ^ ., •�.�- - • �t�%'"c�.•:.�'' + .r.s!'•r��iY. . ' Is�.>.. ...�,.«...,� " c; { • . ' ' • � � I . �9%,••'-� • n/� M' ' . . ��i • . . . .r . ' . , . .� . � • . •. . . • • ��,, _ , A;. .,_e -_ . `' �b '1� :? 6 /•�!. ,i�'o� yk,1 ;...�% 1,`9� � } .;,�- p� . ER ; � ' � � . ^ � . • . . • ' , • ----------- ------- - � • ' � . ! , . . '�!�'� . _ _ ,.�� ^ ^ . Planninq Commission Meetinq- June 25, 1975 Page 12 Mr•. Harris said he would like to see this property surveyed and all the utility easements see before this went to Council. Mr. Clark said they have not always done it that way, but that was no reason it couldn't be done. They could stipulate that ` this all be ne before it went on the Council agenda. ' ' �� MOTION by eterson, seconded by,I;i''ndblad, that the PZanning Commission recommend that the petition, have Lot 1, B1ock 2, Spring Lake Park Lakeside Addition surveyed and a11 utility eas ments worked��out with Northern States Power Company, Northwestern Bell Telephone Compa , Minnegasco, Cah1e Television and the City Engineering Department be%re this appears on he �"ouncil agenda, and that both lots meet the setback and � area requirements of the ity Code, and at thaf time the Planning Commission would xecommend to Council a pro 1 of the request for a Lot Sp1it, L.S. #75-03, by Arthur Seger, to split Lot , B1ock , Spring Lake Park Lakeside Addition, to create another building site, t same being 50 Lakeside Road N.E. Upon a voice vote, a11 voting aye, the motio carried ananimou y. Mr. arris said he would like\a copy of the completed lot split to be includ in the Planning Corr�nission agenda. N��•. C1ark said he would see that this ne. 7. LOT SPLIT REQUEST, L(�S. #75-04,�BY ROBERT SCHROER: Split off the.North 126.1 � '� feet of the East 200 f- Lot 3, Block 2, and the South 173.99 feet of the East 200 feet of Lot 2, Block 2, East Ranch Estates 2nd Addition, to create . a building site, the same being 7810 University Avenue N.E. Mr. Robert Schroer was'present. n Mr. Clark presented a drawing that had been submitted by Mr. Schroer in ^ . 1972, and�said that on the basis of this drawing, vre have previously granted lot �splits for both Capp Homes and the Town Crier. The third parcel, which was this � request, was for the Datsun Dealershap. It does not disrupt the pattern thay may .become evident at some future date, but it �oes cut off thestreet access to the Western portion of Lot 3, East Ranch Estates Znd Addition. Ne said Lots 2.and 4 were L shaped lot splits, so they still have access. He said he had talked to . Dave Harris, who has an interest in this also, and he told Mr. Harris that the staff would probably recommend approval of the lot split, but we defi�nite]y would want an eas.ement to the rear portion of Lot 3 for street access. Mr. Harris indicated . to Mr. Clark that he would be willing to grant �his easement at this time, and that the City should drawn up the agreement, and he wauld sign it. Mr. Clark said that this would satisfy the access to liot 3. . � Mr. Clark said that both parcels meet the zoning requirements for.C-2 Zoning. " Mr. Clark said that he was not saying that the.road would go in as it was shown on the drawning, but we do have to protect street access for Lot 3, and insi.st on a .right of way. ' � ^ MOTION by Drigans, seconded by LindbZad, that the Planning Commission recom�nend to Council approval of the request for a Lot Sp1it, L.S. #75-04, by Robert Schroer, to split off the North 126.1 feet of the East 200 feet of Lot 3, B1ock Z, and the South .I73.99 feet of the East ZDO feet.of Lot 2, Block 2, East Ranch Estates 2nd Addition, to create a building site, the same being 78.I0 University Avenue N.E., with the stipu�ation than•an agreement be signed to provide an easement for street right o€ way on the West 30 feet of the Easterly 230 feet of Iats 3 and 4, together with the Southerly 33 feet of the East 200 feet of Lot 4, B2ock 2, East Ranch Esta�es 2nd Addition. Upon a voice vote, a11 voting aye, the motion carried unanimously. � . 0 � � i • ✓'\ - l� . . � � � OFFICIAL NOTICE CI7Y O(= FRIDLEY. ' "PUBLIC HEARING � BEFORC THE � PLANNING COMMISSION � TO 4lHOM IT t�1AY CONCER�J: Notice is hereby given that ther.e will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, September 24, 1975 in the Council Chamber at 7:30 P.M. i:o consider the follow�ing matter: � � �� Consideration af a rezoning request, ZOA #75-�4, By�Holiday Village � North, to rezone i=rom M-1 (light industrial areas) and ��f-2 (heavy � industrial areas) to C-2 (general business areas):or C-2S (general � � shopping areas), an area known as Tract�A which is that part of Lot 1,3, Auditor's Subdivision No. 155, described as follows: Beginning at a concrete monument marking the quarter corner bzt��een Sections 22 and 23, also being the Southeast corner of Lot 3, in said Auditor's � Subdivision No. 78, then South 0° 08' l�dest along the West line of �� Lot 13, Auditcr`s Subdivision Na. 155 a distance of 923.52 feet to a ,^ Judicial�Landmark at the ini:ersection of the l�est lin� af said Lot 13 and the�hor��herly right of way line of State Highway tdo. 100; �hence ' South 86° 20' East along said Nartherly right of way line 613.2 feet . � , ta a Judicial Landmark; thence Nortfi 81° 53' East a1o�1g said righ�c of � way line 185.1 feet to a Judicial Landmark; thence Plorth 30°13`3�" East along the Nor�hwest�rly right of �,�ay lir�e o�' State Highways No. 56 and 100, a distance of.815.2 feet-to a Judicial Landmark in the West ��right of way line of State Nig�h�vay No, 56; thence North 0°04'30° East along said West right of way line �15.92 feet to a Judicial Lancimark at the intersection of said 4,�est right of way line and the North line of Lot •13, in said Auditor's Subdivision No. 155; thence North 89°13.'30" 4lest along � the North line of said Lot 13 a distance of`1203.2 feet 1:o the point of � beginning, all located in�the South Half of Sectian 23, T-30, R-24, i�ity of Fridley, County of Anoka, tdinnesota. • .• The purpose of this rezoning is to have the pr.operty conform to its present use. � . • General ly 1 acated �t 25Q 57t{� Ave��ue tJ. E. � .• . Anyo�e desiring to heard-with refereace to the above matter may be heard at this meeting. . � ' • /'1 Publish:' September 10, 1975 . _ September 17, 1975 .' . RI�HARD-H. HARRIS CNAI RMAi�I PLANNING COh1MISSION � +��. � CITY OP PRIDLGY MTNNfSUTA � � �'� � 0 PLANNING AND ZONING FORM NU�4B�Ri�A `f ��O � � �— �, APPLICANT' S S IGNA7'UR � � Address ��G — � Telephone Number �-��— �o2D -?o y O�� 0 T�'PE OF RI:QUI:ST ____�_ Rezonin� Special Use Permit Approval of Premin- inary F� Pinal Plat PROPERI'Y 0�9N�R'S SIGNATUR��,��,,,�,sL ��s. Streets or Alley Vacations Address�� 7 %ti. �D �'h� �� . � Other Tel.ephone Number �,�i� � 7o y� ,/ �/ Fee ,p� ��+" Recei�t ^:o . /��7� Street Location of Property Z$-� �7�" !i'�e. /U,L; �. Legal Description of �roperty � C' C Ctl?4- ��.. �� S l� e e-�' Present Zonin Classification = Existin llse of Pro ert � � g P Y,,,��.s cc� c�Jv7' r/��4 .�:�f Acreage of Property� �'t�! ( Describe brieflty�the proposed zoning classifi.cation � �� or type of use and improvement proposed �� Z �'� � ��, �.u�� ,�+t. /�,c.�_ . � � . � . n Has the present applicant previously sought to rezone, plat, obtain a lo� spli.t or ^ variance or special use permit on the subject site or part af i,t? yes�_no. What was requested and when? ., The undersigned understands that: (a) a list of all residents and o�vners of property tvithin 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation • given why this is not the case. (c) Responsibility.for any defect in the proceedings resulting from the failure to list the names and addresses of aiI residents,ancl property owners of property in question, belongs to the undersigned. :A sketch of proposed property and structure must be drawn and attached, showing the � follo�aing: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. ' 4. Street Names. 5. L•ocation and use of adjacent existing buildings (within 300 feet).' The undersi.gned hereby declares that all the facts and representations stated in this application are true and corr.ect. . DAT� SIGNATURE , � (API'L CAN:. � Date Filed • Date oi 1[earing ^ . '�`' Pl�nning Commission Approved City Council �pproved � (d�tes) Denicd (dates) Denicd � -�� I i I � �I"'r � � ^ • / ` . � • i � �j 8 , i . � . i .. � ' � � ' •w. � � . . 0 � � /-{ ii '.' � M N'1 /"� a! . . . . . 4y , ' ('1 � �Ii +� +� M W � y.� ; W N � V" :�� d�� tx-r 4�•�r+'?�. N � � q a�i � a�i �' � � o � � c�l • , � W m rn d Q� 4-� ��d � 4� �O N i' . fi N i�+ ir +� � N�/1 40 � O tR rl ' � ++ N O O � �; • (i0 •.� rl � �.-� . f.. �� ++ r1 ('� � r-i h N�.. 'J 4� U N•,i �-t C: .-1 �-�{ q O++ O • • N -f'. 'd N +� �O 41 'Ta lS3 �j n'+ 'Ci C� O ''� � �: R3 H �-/ �1 ++ ,0 41 . 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' \ . •�•�d.ti4 "• ',�� :� : I '1LC:� 1 i . �i_ ;'��^ u' f �?�'� �c,:: . 1 �r .. f��' � �� e�. rt s. .� �I •� � �Y �.� t xt�1 �� s,�.i-..1 —� �' q,iJ�� r c�¢fK i.�' � - �'4-"�• ;1 �•`I1){ r. •�I ".11 ,� �; {F j * _ — •�' I I4, •`'1;�` '� � .i ' �r:� � _�^ �'. ��41F'-r� \ J �. A.� �� l�i�,�._, �. 4��a�1 �3 - Ai,i.`1:d '�' . � , , �- � - " ^ 7 • � . . 1' I 1 ( �,�/. � .� ' , •�r�� • ��sM � 7�� 7� s� ; . Ei.' � Y i � � I � � r ..+ . . � :� �`� �' ��'E ,� `r'1��— t� J : S �AK ;1 �, � �r r � ,,.. . �, � ' :� , ._. �.•.._...: ` • t;,, , . .7 ��•t' ' • j ��'q . �.• _�+ v ' , `�� ` -� � 1 .,. �...... , �^� •�� N ta. : '.�.t�r . � , � . .( ��- � ��' � .» .. .�. � ;%�/ � . • � �� tih { t .� . ZOA # 75-04 HOLIDAY VILLAGE � , . � all . r �1 /�1 1 //� 1 \� � h��'�,'` ��w .1 . � •. � — . . . � .. . . . ' , ►/ � ^ � � ^ �OFFICIAL NOTICE � . CITY OF FRIDLEY . PUBLIC HEARING � � BEFORE THE . � PLANNING COMMTSSION �. � TO WHOM IT MAY CONCERN: Notice is hereby given that there wi11 be a Public Hearing of the Planning Commission of the City of Fridley in the Ciiy Hall a:t � 6431 University Avenue Northeast on Wednesday, September 24, 1975 in the Council Chamber at 7:30 P.M. for the purpose of: � Consideration of a Preliminary Plat, P.S: #75-03, � Bayer's Lakeside 2nd Addition, by Rudy Bayer, being � a replat of the West 162.24 feet as measured along the North and South lines of Lots 4, 5, and 6, . Block 1, Spring Lake Park Lakeside Additi.on, all lying in the North Ha1f of Seciion 1F, T-30, R-24, � City of Fridley, County of Anoka, Minnesota. - '^ Generally located between 75th Avenue and 76th n Avenue Northeast on the E�st side of McKinley' - - . Street .N . E . . � Anyone desiring to be heard with reference to the above matter nay be heard at this time. �: . RICNARD H. IiARRIS � . ' CMAIRMAN . PLANNING COMMISSION � � . - Publish: September 10, 1975 . . September 17, 1975 . . . . ' � . . . . � . n ' � � . � _ �.,�,,- � ^ CITY Or rRIDt.CY MINN[;SO7'A PLANNING AND ZONING FORb1 NUMaCR P.S,. #75-03 APPLICANT'S SIGNATURL� � Aiidress Tel.ephone Number 2-�'��y--G-=��p (�.>3";��;��ti ��j-a7yy PRUPERTY OiVNER' S SIGNATURr <SC�.�� - Address Telephone Number Street Location o£ Property �� 0 TYPE OP REQUEST Rezoning Special Use Pern�it X Approval of Premin- �- inary F, Final Plat Streets or �lley Vacafions . Other �Fee�`Rece�.pt No.�� Legal Uescription,of Property �eplat of the West 162.24 feet as measured alon the North and South lines of Lots �; 5, an , oc pring a e ark Lakeside addition Present Zoning Classificarion Q_� _ Exi.sting Use of Property �� Acreage o£ Property 58,406 square fee�escribe briefly the proposed zoning classifzcation or type of use and improvement proposed Replat into Baver's Lakeside 2nd Addition ' ��(5 residential lots) � Has the present applicant previously sought to rezone, plat, obtain a lot split or n variance or special use permi.t on the subject site or part of it? yes X no. A�hat was requested and ��ahen? • ^ �1• ., The undersigned understands that: (a) a list of�all residents and owners of property within.300 feat (35i1 feet for rezo��ing) must be attached to this appli�cation. (b) liiis applicatioii must b� signed by all owners of the property, or an explanation given �ah}' L111S �.s not r}ie cas°. (c) Responsibility , for any defect in the proceedings resulting from the f.ailure to list the names ar,d addresses of alI residents and property owners of �rogexty in question, belongs to the undersigned. :A sketch of prop�sed property and structure :�ust be drawn and attaclied, showing the follo�uing: 1. North Direction. 2. Locati.on of proposed strtictur.e on the lot. 3. Dimensions oi property, proposed structuxe, and fxoni and side setUacks. 4. Street Names. 5. I:ocation and use of adjacent existing Uuildings (within 300 feet). The �andersigned hereby declares that all the facts and representations stated in this applic.tion are true and eorrect. DAT�__� �Q�' � SIGNATURE C� -�� (AP� � ntv�r) Date Fi:led • �ate of Hearin� 9-24-75 and 10-20-75 Planninfi Commission Approvcd City Gouncil Appraved (datcs) Denicel � (clates) Uenied MAILING LIST � n Bayer's Lakeside 2nd Addition Replat of the Wesi 162.24 feet as measured along the Northand South lines . of Lots 4. 5. and 6, Block l, Spring Lake Park Lakeside Addition � ^ Mr. & Mrs. Rudolph Bayer 1784 Canyon Lane New Bri�ghton, Mn 55112 Mr. & Mrs. Alton Ahlstrom 1645 75th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Owens 7513 Lakeside Rc�ad N.E. Fridley, Mn 55432 Mr. & Mrs. Charles J. Cornell: 7525 Lakeside Road N.E. Fridley, Mn 55432 Mr. & Mrs. Henry Polaski 1412 27th Avenue N.E. Minne,�olis, Mn 55418 Cynthia L. Wallin and Curtis D. Wilson, Jr. 1621 76th Avenue N.E. Fridley, Mn 55432 Leigh Investment Company . 6305 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. Larry Larsen 7528 Arthur Street N.E. Fridley, Mn 55432 Mr. & Mrs. Marlin Miller 7540 Stinson Blvd. fridley, Mn•55432 � Mr. & Mrs. Ronnie Nelson 7528 Stinson Blvd N.E. Fridley, Mn 55432 Mr. & Mrs. John Hanson ^ 7518 Stinson Blvd. N.E. ^ Fridl�ey, Mn 55432 �� Flanninq Commission 9/9/75 Council Dale Tile Company Corporation 4813 France Avenue NOrth Minneapolis, Mn 55429 Mr. & Mrs.-Russell Hanson 7529 McKinley Street N.E. Fridley, Mn 55432 Irene Hillesland 5445 Jackson Drive New Brighton, Mn 55132 Mr. & Mrs. Duane Weisen 1682 Osborne Road iV.E. Fridley, Mn 55432 Mr. & Mrs. Edward Viesselman 7610 Stinson Blvd. N.E.. Fridley, Mn 55432 Mr. & Mrs. Earl Welle 7624 Stinson Blvd. N.E. . Fridley, Mn 55432 Sandra V. Chelstrom 1670 77th Avenue N.E. Fridley, Mn 55432 James & Janet Rudnitski 1658 77th Avenue N.E. Fridley, Mn 55432 6�i�XX&XDGiF�XX��4i4�X�X8XX6��16X�� Mr. & Mrs. Raymond Williams 7584 Stins�lon Blvd. N..E Fridley, Mn 55432 Mr.�& Mrs. DenniS Schroeder 7566 Stinson Blvd. N.E. Fridley, Mn 55432 Mr. & Mrs. Ronald Murray 7500 Stinson Blvd. N.E. Fridley, Mn 55432 � Mr. & Mrs. James Gageby �1661 75th Avenue N.E. Fridley, Mn 55432 : �I Mailing List for P.S. 75=03 B�zyer's Lakeside 2nd Addition Page 2 ^ Mr. & Mrs. Randolph Russ , 1655 75th Avenue N.E. �1 Fridley, Mn 55432 Mr. & Mrs. Virgil Miska 1646 Os6orne Road N.E. Fridley, Mn 55432 Mr. & Mrs. Wilbert McLain _ 1624 Osborne Road n.E. Fridley, Mn 55432 Mr. & Mrs. Donald Bourke 7645 Lakeside Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Ja,nes Stanton 7629 Lakes�ide,�Raad N. E. Fridley, Mn 55432 Moun�s.v:i ew C i ty Hal l Zoning Administrator . 2401 Highway #10 � New Brighton, Mn 55112 �- � � 0 � � �� . . � . . . . . o� � ` ; � ` . ' ` � � . .. � SEC. •/ 2.. .. y� , F � ..�� —� • { i 7 .� 't F .J • � ,` • � � �� ^ � . ' �.�!\`\ 1i� , (��i�� • • , . . 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JUNK V�HICLES . • , / ♦ ^ 122.01. Purpose � f t' h lth safet order convenience prosperity and For the purpose o promo ing ea ,_ y, , . general welfare in the City of I'ridley, the outside parking or outside storage, on or near residentiial district pro�erties, of vehicles, materials, supplies or equipment not customarily used or needed for use in connection with the occupancy of residential property for residential purposes is hereby found to create nuisances and detrimental influences upon the public health, safety, property, good order and general welfare in such districts, including abstructing of view on str.eets and on pri.vate properties, bringing unhealthful and noisome odors and materials into residential neighborhoods, creating cluttered and otherwise unsightl.y areas, preventing the full use of residential streets for residential parking, and otherwise adversely affectinq residential property values and neighbarhood patterns. 122.02. Definiti� � is The following definitions sha.11 apply in the interpretation and enforcement of this or.dinance; . 1. PERSON shall mean any p�rson, firm, partnership, association, corporation, company, or organization of any kind. � 2. JUNK CAR means any motor vehicle which is not in operable condition, or which is partially dismantled or which is used for sale of parts or as a source � of re��air or replacement parts for other vehicles, or which is kep� for scrapping, �. dismantling, or salvage of any kind, or which is not prop�rly licensed for -'operation within the State of.Minnesota by the State of Minnesota, 3. VEHICLE shall mean a machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or � sl.ides, and transport persons ar property or pull machinery and shall include, without limitation, aui:omobile, truck, trail�r, motorcycle and tractor. 4. ST�EET or HIGHWAY shall mean �.he entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. . 5. PROPERTY shall mean any real property within the City which is not a street or highway. " 122.02. Parking and Storage of Junk Cars and Vehicles on Private Property No person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, . ltonroperating wrecl:ed, junked or discarded vehicle to remain on such property longer than 96 hours; and rio person shall.leave any such vehicle on any property witllin the City for a longcr time tllan 96 hours, except that this ordinance shall not appiy with regard to a vehicle in an enclosed building; the vehicle � � � 0 ,� � . . . !� + , .,�, . �, . ,� 7., on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a � lawful place and manner by the City. � � 122.04. Impounding , The Chief of Police or any member of his department designated by him is hereby authorized to remove or have removed any vehicle leit at any place within the City which reasonably at�peazs to be in violation of this ordinance or lot, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed oi in accordance with Chapter 114 of the City Code. � � � , r'"� , , _ _ . _. -�•. • . , - . � � `79 .� � . n� . N1�MOR1INDUM . TQ: STEVE OLSON, ENVIRONMENTAL OFI'ICER ' FROM: JAMES P. HTLL, ASSISTANT CITY M�INAGER/ ' PU}3��T,IC SAFETY DIRECTOR � , DAT�: APRIL 17, 1975 : � SUBJ�CT: PROPOSED ORDINANCE REGARDING JUNKED VEHICLES • The Pola.ce Department has reviewed your proposed draft of a . junked vehicle ardinance and we concur with the concept you have put forth. � _ • � We do not view this as the initiation of a new �nfoxcement factor but rather the continuation of an enforcement program that has been traditionally followed by the City. ��7ith the implemeratation of th� Revised City Code this particular area became sligtzi:ly r vague as it pertains to junked vehicles on the property of the �•�,, �� owner of said vehicle. For this reason it would be feasible to clariiy the enforcement authc�rity of the City in this matter. . . � i'� � • ' n . + . . _ � .. � _ .. �-,.�. ---- -- . -.. .,... . .�,.,� . _.,,.. ,, • .....,- �. _......��...... _....� _ . ..., _._...... . �. ' . . • . , ; � C7� Environment�l Commission MPeting - August 1�, 1�975_ �_ , _Pa�e�2 � . , �� Chairman Langenfeld said he would have voted in favor of a�proving the , � minutes if there had been a second. '�' n Mrs. Mari:in said she had to vote against approval of the minutes'because � � she felt they were incomplete. Mrs. Sporre said she would vote no, also as j long as Mrs. Plartin wasn't satisfied with the minutes. � � � . . �-• Mrs. Martin said if there were notes or tapes of is me?ting, she would ' � like tiiem checked�and have the minutes reflect their iscussion. She said she ' had cAmplaired abot�t the minutes before, and that s why she refused to accept ! � . these minutes. \ . . . MOTION by Atartin, econded by Sporre, th� tapes b� made of the Environmen�a.i • Commission meetings, and hat the tapes not�,be destroyed until the minutes have . Been approved. Upon a voi e vote, a11 vo ing aye, the motion carried unanimously. � • . .�1. CCECT VTCE CHAIRMAN f •,Chairman Langenfeld asked rfnoninataons for a vice chairman o� ti�Q Environmental : . Corrrn�$sion. _ � �� •MOTION by Sporre, seconded by M iin, that Brother Tcm Sul3ivan be nominated � � Vice Chai•rman of the Envir.onmental Corr ission. . � Chairman.Langenfeld a ked if there �r. re any other nominations. There were none. , . � . � � �.ilPON a voice vote, a1l;voting aye, Brother m Svllivan was named Vice Chairman of� �"'1 the Environmental Commiss.ion. ; - j` . ' • � '2. COMMITTEE aBSENTEEISM :. • . , , . � �Chairman Lan.genfeld said this was not to pinp 'nt any one person, but the ' Chairman or ti�e:�'lanning Commission said that there as too much to be done on all the Com�nissions; and that everyo'ne should try to atter every me�ting. He said this �Comnission ��a ��already one meetin� behind �he other Com 'ssians. 'Mrs. S orre took exception to being �ncluded 9n �this. ShQ said she was�not � behand. � � ' 3. REVIEW OF JUNK VEHICLE ORDINANCE _ �- Mr. Langenfeid referred to the last paragraph of a niemorandum:��r.om James Hiil . dated April 17, 1975, in which he states that with the implementation of the Revised � City Code, ihis particular area becan�e sliyhtly vague as it peri:ains ta junked veh:cies on the property of the owner of said vehicle. Mr. Langenfeld asl:ed Mr. Olson if th�is could be said the ordinance they were reviewing. Mr. Olson said no. ' Mr. Olson said the proposed ordinance spoke for itseif. He�said that pri�r to the recodification of the current code, we had a code th�t w�as simiiar to the -code he was proposing, which was called Chapter 3�, Junk Vehicle Co�e, which 4vas r'`� dropped in favot� c�f the Abandoned Vehir.le Code. 7��ey thought this would mc�et �he ^ requirements of the'junk vehic�es in the City. N� said that onc of the problems . he had with this Code, when he read it and t,�i�d to Pnf�rce it, was thai ii; defines at� abandoned in��tor v�hicle as a vehic3e y;;�ich hacl rc�muined. for more t`ian 48 hcur:> ' on r�ublic property illegally, or lack:ng vitai cUmpanent parts; ar has remained for more than 4a hours on private property v�ii:haui; the consent of the person in control , th . ... , � . . .. , . . . t✓.�. . � :�: � . � . . � . A , � • . . � - . . '� Environmental Cammission Meetinq - August 1�, 1975 ' Page 3 . of such property. He said that as long as it was on your property, you have obviou5l�y had the consent to leave it there, so this wasn't a violation. Then this ordinance �it into the penalty which states that any person who abandons a motor vehicle �� any public or private property, without the consent of the person in control of uch property, is guilty of a misdemea�nor. Again, the problem with enforcement was ' that it was on your property, and you have your permission to leave that abandoned '�vehicle on your property. Mr. Olson.said the new Junk Vehicle Ordinance had been drafted by him because he feit it met the needs expressed by citizens who have � complained about unlicensed; junk vehicles'on .private property. _ Mr. Langenfeld said he felt the proposed ordinance was a good ordinance,.both envi�ronmentally, and to serve the needs of the City. He said a property owner could have several inoperable motor vehicles on their property, and be using the parts of several vehicles to rrake one vehicle. Then there would be a different situation where a man �rras doind necessary repair work on one car to make it operable. These vrould be two different situations. � Mr. Olson said th.is ordinance would not be used to stop anyone from makin, �necessary repairs to their car, but it would be a tool to use for citizen compla� , Yrhen someone was making a'junk yard' on their property. He said when there was a complaint, the staff tends to be lenient with those people who make an effort to repair a.car in a reasonable ]enth of time, and do not have other inoperable or unlicensed vehicles on their property. .� � Mrs. Sporre said there seemed to be a gap between someone violating.the ordinance � and having their car impounded. Mr. Oison said that it was implied in the ordinance �,piat people would be notified that they had 96 hours to comply with the ordinance, �a if they were tagged and it went to court, there ��rould have to be proof that the �'1�vehicle in question had been on the property over 96 hours. ' � � Mrs. Sporre said she wasn't too happy wfth ihe 96 fiour time limit. She thought it should be a longer l�ng::hof time, up to 2 weeks. Mr. Olson said that the old , ord�inance, Chapter 39, had used 96 hours, and other crs�n�nities used the 96 hour figure, so it was a pretty standar.d time limit. Mrs. Martin said that before anyone . complained the�vehicle would have been on the praperty for some time. She asked Mr. � Olson what he meant when he said a reasonable length of time. Mr. Olson said this would depend upon the situation and �he intention of-the violator.�� , Mr. Erickson said this ordinance raised some questions in his mind, because just by removing a spark plug would make a vehicle inoperable. He said some people do a major overhaul on their own vehicles�. Mr. Olson said.i:hat if�they were going to write into the ordinance all the ways a car could be inoperable, it would be a book. He said he was aware that sometimes people had to wait for ordered parts, or the parts were difficult to find. Ne said the City did not have the staff to go out looking for violators. This ordinance wou1d' be a tool for flagrant violators which necessitated citizen complaints. Mrs. Martin said sMe had had to live with such a,situation in her neighborhood, and .felt this ordinance was needed. She said that when you had to look at a•yard full of vehicles year after year, licensed or not, in various stages of repair, this was,. �sthetically unpleasing. � Mr.. Erickson said that in Section 122.02 af this proposed code, he would like , to see a statement added to the exceptions. This would say that this ordinance would � � ,• , . � � , �� ; . , o,� � Environmental Commission Meetinq - August l�, 1975• • Page 4_ 'not apply to a single vehicle in the reasonable process of restoration from an • inoperable vehicle to an operable vehicle, provided such vehicle didn't constitute �"1 a nuisance. He said he would make a motion to have the ordinance so amended. � � MOTZON by Erickson, seconded by Sporre, that the Env:i.ronmental Commission recommend approval of the,proposed ordinance for junk vehicles, Section 122, to � the Planninq Commission with the amendment addcd to the exception under Section • 122.2 which would state that this ordinance sha11 not apply to a single inoperable vehicle which was in the reasonable pr'ocess of restoration to an operable vehicle provided such vehicle did not constitute a nuisance. Upon a voice vote, Erickson, • Sporre, Langenfe2d voting aye, Martin nay, the motion carried. Mrs. Martin said she could not accept the amendment,,so she couldn't accept the ordinance. Mirs. Sporre said she thought this was a good attempt to meet a problem in the City. ..• . . 5. PROPOSED AMENUMENTS FOR CHAPTER 115, SWIMMING POOLS;,OF THE CITY CODE MOTION by Erickson, seconded by Sporre, that the proposed amendments for Chapter 115, Swimming Poo1s, of the City Code be passed onto the Planning Commission without � a recomrrtendat.ion. Upan a voice vote, a11 voti.-�g aye, the motion carried unanimousli,-•. � Mrs. Martin asked why they were getting these ordinances. Mr. Olson said tha�:. when he started ��vorking for the City of Fridley it became his job to enforce these � Codes. He said he hau updated the junk vehicle code, the�swimming pool code, and �"�, i:he refuse cod� almast a year ago and they have sat.in limbo since that t�me. Since ^ he was the EnvironmQntal Officer acting as liaison to the Environmental Comr�ission, he thought this was a good way to get these proposed changes moving. � . Mr. Erickson said he thaught that under the reorganization, the Eqvironmental � � Com�nission would receive a lot more materia� and it would be up to them to pass it � � on to the appropriate Commission. � •.. .� Mr. Langenfeld said his vote a� the Planning Commission level would be dictated by the feelings of the members of the Environmen�:al Commission, even if this shoulci conflict with his personal feelings on any matter. He wanted this to be a matter- of record. . . 6. STAFF RESPONSIBILITIES ' ::.:..., ;.. . ' t�ir. Erickson said he had been receiving some vague answers in regard to � � diseased trees�in Fridley. � . . . 1►tOTIDN by Erickson, seconded by Sporre, that the Fridley �nvironmenta.I Commi.ssion r�guest that a staff person appear at their meeting of September 17, 1975 to autZine ' the policies and staff responsibli�ins regardiny diseased tree control and that they receive a written po2icy stat�ement before this meeting. Upon a voice vote,.a11 voting � aye, the motion carried unanimous.Iy. � �„� .� Mrs. Sporre said it was very helpful to get the material they would be discussing at a�meeting prior to the meeting because this made a much more meaningful m�eting. % ^� She said stie wanted i;o co;nmend Jerry Qoardman for havi�ng the outline for the goals j � : and objectives ready before this meeting. . . • / , , _ . / . , .; . . .. � . . , . � . � _. . �.��..5 :,�. . ., u�,� ...:�... ..� .,. „ .� �� 114. ABANDONED MOTOR VEHICLES i14.01. Policy . • � Abandoned motor vehicies constitute a hazar.d to the heatth and welfare of 4he residenis of the community in �'1�• . .ihat such vehicles can harbor noxious diseases, turnish shelter and breeding places for vermin, and present . physical dangers to the safety and well being of children and other citizens. Abandoned motor vehicles and ' othef scrap metals also constitute a blight on the landscape of the City and therebre a detriment to the • environment. The abandonment and retirement of motor vehicles and other scrap metals constitutes a waste ot a valuable source of useful metal. it is there(ore in the public interest that the present accumulation of • abandoned motor vehicles and other scrap metats be etiminated, that tuture abandonment of motor vehicles and other scrap metals be prevented, that the expansion of existing scrap recycling facilities be developed and that - oiher acceptable and economicalfy useful methods for the disposal of abandoned motor vehicles and other . forms o( scrap metal be developed. i14.02. De(initions "Abandoned motor vehicle" means a motor vehicle, as one which has remained for a period oi more than 48 hours on public property illegally or lacking vital component parts, or has remained for a period of more than 48 hours on private property without consent of the person in control of such property or in an inoperable condition such #hat it has no substantial poteniial further use consislent with its usual funetions unless it is kept in an enclosed garage or storage building. It shall afso mean a motor vehicle votuntarily surrendered by its owner to • !he City or a duty authorized agent of the City. A class�c car or pioneer car, as defined in Minnesota Stawtes, ' Seciion 168.10 shalt not be considered an abandoned motor vehicle within the meaning of this section. �'Vital componeat parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicte, including, but not limited to,'the motor, drive train, and wheels. � j � • - i14.03. Penalty. Any person who abandons a motar vehicle on any public or private property, without the consent of the person /'� in control of such propertv. is guiltv of a misdemeanor and is subject to all penalties provided for such � violations in Chap4er 901 of this Code. 4 1i4.04. Impound The City or its duty authorized agent, may take into custody and impo�nd any abandoned motor vehicle. 114.06 Poltcy Detinitions Penaity Impound• 1i4.05. Vehicles Immediately Subject to Public Sale Vehicles When an abandoned motor vehicle is more than seven (7) model years of age, is tacking in vital component Imme�iately pans, and does not display a licenseplate currently valid in Minnesota or in any other state or fareign country, it Subject shall immediate4y be eligibte for sale at public auction, and shaU not be subject to the notification or rectama- � To Public tion .procedures established by this Chapter. ' Saie ti4.06. Notice • When a� abandoned motorvehicle does not tall within the provisions af 114.05, the City shall give notice of the ' taking w�thin ten tlays. The �otice shail set fonh the date and piaee ot the tak�ng, the year, maka, mu��i and serial number of the abandoned motor vehicle and ihe place where the vehicle is being held, shall inform the � owner and any lienholders of their right to rectaim the vehicle under 114.U7, and shall siate that failure of the pwner or lienholders to exercise their riqht to reclaim the vehicle shall be deemed a waiver by them of all riqhts. title, and interest in the vehiGe and a consent io the sale of the vehicte at a public auction pursuant to t 14.08. Notice The �otice shal{ be sent by mail to the registered owne�, it any, of the abandoned motor vehicle and to all readily � (dantitiabte lienholdecs ot record. If it is impossible to determine with reasonable certainry the identity and (. address ot the registered owner and all lienholders, the notice shall be published once irt a newspaper of general • clrcutation in the area where the motor vehicle was abandoned. Published natices may be grouped together for � canvenience and economy. � . . . . , 114-1 � - 114.07. Reclaim ' 7he owner or any lienholder ot an abandoned motor vehicle shall have a right to reclaim such veAicle (rom the City upon payment of all towing and storage charges resulting (rom taking the vehicle into cusiody within 15 days atter the date of the notice required by 114.06. �ig in this Chapter shall be construed to impair any lien oi a garagekeeper under the laws ot this state, or i.�e right of a tienholder to foreclose. For the purposes of this section "garagekeeper" is an aperator of a parking place or estabiishment, an operator of a motor vehicle storage taciliry, or an operator of an establishment for the Servicing, repair or maintenance of motor vehictes. , � 114.08. Public Sale ' An abandoned rr�otor vehicle taken into custody and not reclaimed under 114.07 shall be sold to the highest bidder at public aution or sale, tollowing reasonable published notice thereot. The purchaser shall be given a receipt in a torm prescribed by the City which shatl be sufficient titte to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of titfe, free and clear of all liens and claims of ownership. From the proceeds af the sale af an abandoned motor vehicle, the City shaU reimburse itself for the cost of towing, presenring and storing the vehicle, and all notice and publications ccsts incurred pursuant to this Chapter. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shaH be deposited in the general revenue tund of the City. 114.08. Disposal • Whe�e no bid has been recieved for an abandoned motor vehicle. the City may dispose of it in the most expedient manner. � 114.09. Penalt�es . Any violation af this chapter is a misdemeanor and is subject to al! penalties pravided for such violations under tt►�,q�ovisions of Chapter 901 of this Code. � r�'` . . � � 114.09 Reciaim �. �t �: . Public � Sale t Disposal Panatties � -.. . . . .. . _ . • . .. .._ . . . . . � . . . . , _ , �. - . �. � , . . ., .. � .. . . . . . _ . . , _ • � • ; , . , ,, . ... . . . _ . . .1 . . . _.. . . . ..•.: . . ., �. J._ . • 1 .. . . . . � . .. . . - .. . � .. . � , .. . . , � . . . , ,. _ ,: ., . a� . �.. • ' ...,� � . � t,�. � . . . . • . . . . - ' . • .. . . .� _'.. . • .. . . . . .. ' - ...�. , 4142 I , . • . —i � � , . .. , .� � � ,....:. _ . .. ..._ .. _. . .. ._ 0 C /� �'1 � 39. JUPdK VEHICLES 39.01. For the purpose of promoting health, safety, order, c�onvenience, prosperity and general welfare in the City of FridTey, the outside parking or outside storage, on or near residential district properties, of vehicles, mat.erials, supplies or equipment not customari7y used or needed for use in connection VJ7ti1 til@ oecupancy of residentfal pro�erty for residential purposes is hereby found to create nuisances�and detrimental i nf 1 uences upon t��e publ i c heal th, safety, property, good order and general welfare in s�ch clistricts, including obstructing of view on streets and on private properties, bringing unhealthful and noisome odors and materials into residential neighborhoads, creating cluttered and otherwise unsightly areas, preventing the full use of residential streets for residen-cial park�ng, introducing commercial advertising signs into areas where commercial advertising signs are atherwise prohibited, and othervrise adversely affecting residential property values and n�ignborhood patterns. �� 39.02, It is unlawful for any person, firm or corporation �... owningy driving or in charg� of any bus, motar truck, truck, ' traetor or commercial vehicle to cause or permit the same to b�e parked or stanct longer than twenty-four hours continuously on, in front of, or beside any property in any residence district, except for tl�e purpose of loading or unloading. For t�e purposes of this sectio� a bus is a vehicle designeu far carrying passengers and having a seating capacity of more than 9 persons and a motor truck, tractor or commerciai � vehicle is a vehicle having either a capacity of more than one ton or a��eight af more than 5,000 pounds, or bot�i. �n , 39.03. i�o persorr shall ieave any pantially dismantled, �on-operating, wrecked or junked vehicle on any street or highway within the City.: 39.�4. +10 person in cilarge or cantrol of any properiy within the City, whether as owner, tenant, occupant, lessee, or atherwise, shall allov� any partially dismantled, non- o�perating, wrecked, junked, or discarded vehicie to remain o� such property longer than 96 hours; and no person sha11 i�eave any such vehicle on any property within the City for a longer time than 96 hours; except that this ordinance shall a�t apply with regard to a vehicle in an epclosed building; a vehicle on the premises of a business enterprise aperated in a.lawful place and manner, when necessary ta.the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a la�rful p�ace and n�anner by ti�e City. (Ref. 295) u...� 39.Q4 NUISANCE 7IP1E Lif�ITS 0�1 STREET 96 HOUR . 109 ; .__� . . . . • , � 8� � . MEMO TO: Dick Sobiech ^ I��EMO FROM: Steven J. Olson, Environmental. Officer . , �j MEMO D11TE: April 24, 1975 , � � RE: Proposed Amendments for Chapter 111, Food Sanitation,�and ' Chapter 115, Swimning Pools, of the Ci�y Code _ _ ' At�ached, please find copies ot the aforementioned chapters and the . recommended changes. Please note that all areas highlighted in red {or •� uncierlined) are additions to each chapter arid that all areashighlighted ' in blue (or bracketed) are deletions. V7hen each chapter is discussed . . individually, the following changes are evident; • - • A. , Chagter 111 - Food Sanitation: A*�ajor portion of these prapc�sad� , amendments result in con�iensation and clari:fication o� the nok�- � � interpreted meanings. Defiriitians are added to cover any possible new or unusual c,�.rcumstances that could arise in the food industry. • . ,� The words "Health Authority" are removed in favor of a rnore : .• • incomp�ssing title "the City". Finally, statemeni�s defining what kind of food facilities need licenses and a suggested fee 'schedule . is propased. • . ' _ ' It is my feeling that these changes w9.11 make our Code more � - ' ��enforceable an3 eliminate differences due ta in�erpretation. Copies � . were submitted to Mr. Harvey McPhee, tormer Health.Inspector for the ' �/�'�, . City, and Mr. Robert Hutchison, Director of the Anoka County - � . Environmental Services. They have no objections and endorse the • '. •� _ • praposed changes. P�ir. Hutchison agrees that no conflict will result • � between his department and the City. . - _ ... . 8. Ghapter 115 - Swimmi.ng Pools: The changes recommended for this . ordinance wi11 clarify the differ�nces between public and private , swimming pools. It also provides for the adoption by reference o� the State rules.and requlations�related ta public swimminq pools. ..' � This will make our requireneents consistant with those recommended , by the State. ! '!�'hes� changes �aere.submitted to Mr. Virgil Herrick, City Attorney, for �, his recommendations. They have since been incorporated into these chapters. �'� � and a.t was his opinion that na legal difficulties would be enco��ntered if • � . the changes were added to the City Code. I now submit these changes to � � . yourself for any suggestions ar recommendations. It is my hope that these � Codes, as amended, can be presented to the City Council for their � consideration and radification. There are other changes� proposed but not ' ' s�ecified in this memo, and if I can be of assistance in clarifying these or any other questions which may arise, please contact me. , . � -- • � ' ' . • � l _ � �"; . . STE � N J . ,S . • • • Environmental Officer � ' SSJ�O/mh . � ' . , � . . . . , . • • �„�_„ , ��`'' � �i 115. SWtMMING POOLS 115.01. Definitions The (oilowing definitio��s shall app{y in the interpretation and application of this chapter and the foliowing words and terms wherever they occur in this chapter are defined as foliows: • . 1. Health Department, Heaith Officer, State Board of Health used at any place in this chapter and in the requirements adopted by reference shall mean the health Authority of the City. • 2. Private Residential Pool shall mean any swimming pooi located on private property under the contr�l of the homeowner, permanent or portabie, the use of which is limited to swimming or bathing by his familyr or their invited guests, and having a depth of more than two teet (24 inches} at any point and a suriace area exceeding 250 square feet and a volume over 3,250 gallons. 3. Public swimming pool shall mean any swimming pool, other than a private residential pool; intended to be used cotlectively by numbers of persons for swimming and bathing, operated by any person, whether he be owner, lessee, operator, li�ensee, or concessionaire, regardless of whether a tee is charged for such use. 4. Special purpose p�l shall mean any swimming pool used as a treatment pool, therapeutic poot, or a speci�l pool for water therapy. • 5. Swimming poot_shalt mean any structure, basin, chamber, or tank containing an artificial body of water tor swimming, diving, relaxation or recreational batt�ing. � 6. Wading pool shall mean any Swimming pool used or designed to be used exclusivety for wading or bathing and. having a maximum depth of 24 inches. • 415.0�. License Required � No person shall own, operate, maintain, 7ease or be responsible for any public swimming poot located wiihin � the City unless a license therefore shall be obtained from the City pursuant to this chapter. 115.03. Application The application tor a swimming pool license shall be on forms furnished by the City and shatl require such iniormatio� as the City Manager shall require. Such application for the issuance of such license, maintenance, termi�ation and administration shall be in accordance with and subject to all conditions of this Code relative to general requirements for licensing as well as the requirements of this chapter. The Gity Manager may deny the application for a liqense which fails to fulty compty with these requirements. _ _ � 115.04. Fees and Exemptions The a�nual license fee and expiratian date shall be as provided in Chapter 11 af this Code. Persons owning, operating or maintaining schools, governmental subdivisions, churches, convents, rectories, parsonages or �eligious community centers shaU be required to obtain a license but witfiout payment of a license fee. 115.03. Revocation The City Council may revoke any license issued pursuant to this chapter as provided in Chapter 11 of this Code or tor any violation of any provision of this chapter. 115.0�. Plumbing, Electrical Mechanical All plu�mbing, electrical and mechanical installations and equipment shall meet the requirements as provided in � this Code. . ��", t15.07. Pfans and Building Permits �`' No p�rso� shali construct, enlarge, repair, move, convert, or alier any swimming pool without first submitting 115.07 . Detinitions License Required Application Fees And �I Exemptions Revocation �� Plumbing, Elecirical, Mechanical Plans and Building Permits 115-t .' ptans and obtaining approval from the Health Authority and the appropriate permits from the Building Inspector. No buitding permits shall be issued un�ess prior approval from the HBalth Authority has been. granted in writing. ^ . � � _. Equipment Standards � .. new equipment purchased or instalied on any swimming pool shall compiy with the following appticabie standards of the National Sanitation Foundation: . �, ,� 1. Standard No. 9— Diatomite Type Filters for Swimming Pooi Equipment, October, 1966. � �'� 2. Standard No. 10 — Sand Type Fiiters for swimming Poat Equipment, October, 1966. 3. Standard No. 11 — Recessed Automatic Sur.face Skimmers, October, 1965. 4. Standard No. 17 — Centrifugal Pumps for Swimrteing Pools, January, 1966. 5. Standard No. 19 — Adjustable Output Rate Chemical Feeding Equipment for Swimming Poois, October, 1966. 6. Standard No. 22 — Swimming Pooi Water Treatment Chemicais andJor Processes, May, 1968. � 7. Standard No. 27 — Multiport Valves for Swimming Pools, May, 1969. 8. Standard No. 28 — Cartridge Type Filters for Swimming Pools, February, 1971. 9. Standard No. 38 — Test Kits for Swimming Pools, November, 1970. Equipment not covered by the above National Sanitation Foundation Standards shali not be instalted or used befcr'� has been approved by the Healfh Authority. �, t �a.09. Fencing Fencing or other effective means, including but nat limited to, walls or buiidings, acceptable to the Health Authority shall be provided to positively control ail access to public and private residential swimming pools. Fenaing shall meet the following criteria: C.r � 115.12 f Equipmant Standards � Fencing , 1. The fencing shatl prevent the entrance of children and be without hand or foot holds that u+rould enable a person to ciimb over it. t�� $��F �'�"TG� , � 2. The tencing shall be at least 4 feet high and entrances shaii be equipped with gates capable of being --� locked. , 115 10. Depth Markings :_ . Depth Depth of water shall be plainiy marked at or above the water surface on the vertical pool wall or on the edge of Markings !he deck or waik next to the pool, at maximum and minimum points, at the points of change of stope between the deep and shallow portions, and at interm$diate increments of depth spaced at not more than 25 foot intervals. 115.11. Deck . A deck at least 3 Ieet wide, measured from the pool water's edge shall be provided which exiends compietely around ati private residentiai pools; provided that above ground private residential poois may be provided wilh decking of a mi�imum size of 4 feet by 4 feet at pool entry points and provided that such decki�g has the apprQval of the Health Authority. T1 �j12. Dratn All poots with a depth greater than 5 feet at any point shall be provided with an outlet at the deepest point to • Deck � Orain 115-2 ,.�a � ermit the ooi to be com letei and easil em tied. O enin s shall be covered b a ro er ratin which is 115.1T � p P. P Y Y P P 9 Y P P 9 9 securely fastened and not readily removed by bathers. Outlet openings of the floor of the pool shall be at least tour times ihe area of discharge pipe or shall provide s�fficient area so the maximum vefoeity oi the water passing the grate openings shall not exceed one and one-half (1 Yz) feet per second. The minimum width of grate � openings shall be one-half ('hy inch and the maximum not over one (1) inch. An antivortex type of drain may be used in lieu of grating. 115.13. Regulafions . Regutations The Regulations for the Design and Construction of Private Residential Swimming Pools, 1970, prepared by the �, �! �! �� American Public Heaith Association are hereby adbpted by reference and shall be in full torce and effect in the C.�'� y � City of Fridley as if set out here in full, subject to the following deletions: Sections i.2.1, 6.2, 7.1, 14.1, 17.1 . and 19.2. 115.14. Closing By HeaFth Authority • Ciosing By . When any of the following conditions are found to exist, the Health Authority may close a public swimming Health pool. He shall cause a sign to be posted indicating that it has been closed and such sign may be removed only Authority upon authorization by the Health Authority: 1. The proper safety equipment as required in Minnesota Hea;�'� Department Regulations 115 (g) has not been provided. • 2. The clarity is such that the main outlet grating is not clearty discernible from the edge of the swimming pool or a trlack disc 6 inches in d�ameter, is not readily visible when place on a white field at the . deepest poinf of the pooL �) . 3. The disinfectant level is found to be below the acceptable level established in Minnesota Health Department Regulations 115 (r} (1). Q. S�� -�-'� ��-'- ~ 4. The�proper warning signs as required in Minnesota Health Department Regulations 115(g)(5) have �r� not been provided. 5. The exi$tence of any other condition �uhich endangers the health, safety or we�fare ot the pubtic. 115.5. Inspection � lnspectian 7he Heatth Authority shal! be permitted access to all swimming pools for purposes of inspection of the poof and equipment at reasonable times and as ofte� as deemed necessary to ensure compliance with this chapter. 115.16. Interference Interference No person shall interfere with or hinder the Health Authority in the performance of his duties undec the provisions of this chapter or the laws of the State of Minnesr�ta. � 115.tt. Penalties . Penalties . Any violation of this chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. ,�? � ' 115-3 _______'__ ._ . . .t . .. f � � ' ' •, 115. SWIMMING POOLS , �''� : . . . '�15 Ol� The construction, operation and licensing of �w5.mminq paols shall be{ �. � .. .. �- . .. � � . �regulated as follows: . � _ . .. . ,..� ;115 02 (115.01) Definitions ,.--�:s � The following definitions shall apply a.n the interpretation and application of . this chapter and.the fo�lowi.ng words and ternis wherever they occur.in this ,'Chapter �re defined as follows:. r„ �--�t . _ .�1I.5.J02I`(1) Health Department, Health Officer� State Board of Health used at .�;., any place in this Chapter and in the requirements adopted by reterence shall mean (the health authority ot� the Cityfof Friciley.` � • 1I5.03 •'Person sha1Z m�an any individual, n�.�u.ral erson, iirm, as�ociation, _ �.: _.:,... ._. � � � ,. organi.zation, partnership, business instituta.on, ac3ency, or any Fed�ral, S�a�� , • :or ].aca.l government agency or instrw-nentali�Gy or other entity recoynized by law �:: . . . ,fi.. � as the subject of rights and duties, and sha].Z include, but not be limited to,^ � 'emaloyees, licensees, tenants, caretakErs, lessees, managers and operators af . _ _.:. �. =swimming�ools. i115.Q4��(2) Private Residential Pool shall mean any swimming poa7. ].acated: on pr3.vate property under the control of the homeowner, pexmanent or portub].e, the . use of which is limited to swimming or bathinq by ha.s £am�.ly oz L-heir.invited guests, and having a depth of more than t� feet t24 i.nches� at any paint and a Eurface area exceeding 250 square.£eet and a volum�aver 3,250 galSans. _: ;:��;� .. .,� ,115� (3)' Public Swimming Pool shall mean any sw�mm�*�g paal, other than a private residential pool, intended to be used callectively by nuinbers of persons . • � for swinuning and bathing, operatecl by any persan, whether he�be owner, lessee, operator, licensee, or concessionaire, regard2ess of whether a fee i.s charged � for such use. �. r'� . ,�, . • � � �''� :I15.06� (4) Special Purpose Pool shall mean any swimming pool used as a treatnent pool, therapeutic pool, or a sgecial pool for water.therapy. �. � � � �115.OT (5)� Swimming Pool shall mean any structure, basin, chamber, oz tank � 1 _ • containing�an artiiicial body of water for swimming, diving, relaxation or � recreational bathing. , . 115 Og' . „r,� �� (6j� Wading Pool shall mean any swi,unminq pool used or designed to be used • eacclusively for wading or bathing and having a ma.ximeun depth of 24 inches. ., ,�::;�,, . 1].5.09+ (115.02) License Required "Y-.� . _ No person shall own, operate, maintain, lease or be responsible for any public swimming pool �.ocated within the City of Fric�le��unless a license therefore shall - . -----�; . be obtained from the City of Fridley?pursuant to i:his Chapt�r. • ,'115.10 (115.03) Application � � . . . .. . „ .�_ j � � � . ' � . _ The application for a swimming pool license �hall be on €orms fuxnished by the City of Fridley�^and shall require such informatian as the CiL•y Manager shall � require. Such application for the issuance of such licensc, mai.ntenanee,, termination and administration.shall be in accaxdance with and subject to a7.1. : conditions oP this Code relative to general requirements for ].icensing as well ;�^ as the requirements of this Chapter. The City t4anager may deny the app],ication �"� _ . � for a 3.icense which fails to fully camply wi�h these requirements. :` 115.11 �(11.5.04) Fees and Exemptions Z"he annual license fee and expiratian date shall b� as pravided in Chapter 11 • of this Code._ Persons owning, operating or maintaininq schoals, governmental subdivisions, churches, convents, rectories, parsa�ages ar religious community � . centers shall be required to obtain a license but without payment of a license � , fee. . : . . � 115.,12 (115.05)� Revocation . , � . , . The City Council of the City of Fridley may revoke any license issued pursuan� � to this Chapter as provided in Chapter 11 a£ this Code or ior any violation of any provision of this Chapter. . 115.13 (115.06) Plumbing, Electrical, Meehanical ^,.�� • - . . , � . . � �1J.1 plumbinq, electrical and mechanical installations and eqtaipment shall meet � ..._ �, ' �-�- xequirements of the Fridley City Codes (as pxovided in this Code). t . . y � .t ..u............,nw�..�A. . � . . . � . . , - / � � � . . - . . � � " ..... � / � . .. � ... . .. . .._ _ ........ . ... . � � . ;. .�; ,� . . . �.r,G I 115,1�4.' (115.07) Plans and Build�.ng Permits • - �- No person shall construct, enlarge, repair, move, convert, or alter any swimming ; pool without first submitting plans and obtainin a ��' ��/'1 J pproval from the 4C��(Health , Authority) and the appropriate permits from the" Ci �(guilding Inspector) . No buil.ding permits. shall be issuec3 unless prior approval from the ` Cit '' - . . ____Y� (Health . Authorityj has been granted in writ.nng. � � �.. � :., --��;� • . � �5•�(115.08) Equipment Standards ' � ' � • . . � .�All new equipment purchased or installed on any swimmxng pool shall comply with " the following applicable standards of the National Sanitation F�undati.on: � l. Stanc3ard No. 9.- Diatomite Type Filters for Swimming Pool �quipment, Octobers Z966. 2. Stantiard No. 10 - Sand Type Filters for Sw'.m�a�tting Pool Equipment� pctober, 1966. 3. Standard No. I1 - Recessed Automatic Surface Skimmers, October, 1965. 4. Standard No. 17 - Centxifugal Pumps for Swi.mming Paals, January� 7.966. 5. Standard No. 19 - Adjustable Output Rate Chemical Feeding �quipment �or� ,' . Swimming Pools, October, 3.966. . �t^� 6. Standard No. 22 - Swi.mming Pool Water Treatment Chemi.cals and/or Processesr �Y, 1968, ' � _ . . 7. Standard No. 2? - Multiport Valves for Swimminq Poo].s, May, �.9�,g. 8. Standard No. 28 - Cartridge Type Filters_for Sw.i.mminy Poo].s, February, I971. . 9. Standard No. 38 - Test Ki.ts for Swimzning Pools, November, 1370. • � Equipment not codered by the above National Sanitatian Founda�ion Standards shall r � . not be�anstalled or used before it has been approved by theeCity�(Health Authority}. . i � � 115.1G (115.a9) Fencinq � . . . _..:.� � Fencing or other effective means, includiiig' but not. luaited to, walls ar � � buildings, acceptable to the+City (Hea1�h Authority) shall be provided to -� i . . - _ � positively control aIl access to public and private residential'swimmin� pools. ; i � Fencing shall meet the following ariteria: , . ��,/� l. T'he fencing shall,effectively,�prevent the en�rance of childreri and be withoat , . • �a�1a Oi fQOt �lO1dS �1at WOUld enable a perso�n to C�.imb over it. Ir► no instanc � � ob'ect to ass thzou i, it. ' iX'� (g) inch diameter _____.._ .. _._ _� '� i��he•fenc��allOW,a�s , ... . _..,... .�...�. ._ . a1., �:.. ., . . . . ,.,,,�t •�� . . �^ • - / �7 2. The fencing shall be at least 4 feet high and entrances shall be equipped with 'self-closin and self�latchingbgates capable of being locked. 3. Self-closinq and self-la es shall be � �.�;,r , ..,. _ �� at the top of the at�� . . ..�... :K _or othezwise inaccessible to smal7. children.,'�% . . . . ..,.:. . ' . 4. The openin between the bottom of the fence and the round� or other surface -shall be not more than four inches�°;; A ,11� S_„T� (115.14j' Closing by .the Ci t?� (Health Autharity) � When any of the following conditions are found to exist, the^City:�(Health�Authority) �R.�ir?'y - __ �. may close a public swimming paol. �e'shall cause a sign to be posted a.ndicating tha '`�i i.t has been closed and such sign may be removed on].y upon authorizatian by the�Ci�� , (Health Authorit,,y) : . l. The proper safety equipment as required in Ma.nnesota Hea1�1x Department Regulations 115 (g) has not been provided. 2. The clari.ty is such that the main out]..et grating is nat clearly discernible �rom the edge of the swimming pool or a black disc G inches in diameter is not '�^ r, readil.y visible when placed on a white field at the deepest point of�the pool. 3. The disinfectant level is found to be beZow the acceptable leveZ established in Minnesota Health Department Regulations 115 (rj (1). 4. The proper warning signs as zequired in Minnesota Health Department ' Regulations 115 (q) (5) have not been provided. 5. The existence of any other cond�ition which endangers the heal�h, safety or. , . "��"'1 welfare of th� public. � � ' 125.18 State Health Department Rules Adopted' � , �� Ragulation I•iinnesota Health Depaztment 1�5 0� the Minnesota 5tate Board of Health� . , __ : xelating to "pub?ic swimming pools" including all subsequent amendments thereto, � is hereby ac2opted by referenca and made a`part of the Fridley Citv Code of Ordinances subject to the followinq addition and deletions � ~ . � � A. Hlinnesota Health De artment 115 O shall be amended b the addition of "(6)- � A.life line witn sufficient floats shall, be rovided at the break in rade between "the shallow and dee��ortions af the pool"�'� � � . . . ,. ... , , . ._ . ... �_.... �r�/'"/'� ! � . B. �The following portions of the Minnesota Regulations, Minnesota,Health�� Department 1I5, 1971,"'relating,to public swimminc��ools are dele�ed fron this � . . _ _ . —�-� 4ordinance and shall have no effect in the City of Fridle,v� � .. _ . ,.. l. All of Section�(b) a e 3 � 2. All of Section (d) (3) page �4 � �- .- . �. .� ;3. All o£ Section (i) (2) (gg) page 6' � � - • . . . ..�:�. ��._ All o� Section (v) Pa9e 17 �• -- _ . . .� 115.19' (115.10) _Private Residential Swimming Paal Depth riarkings (Depth Mar;cings) . .,� .. � _ .. _ . . _. Depth of water sha21 }ae plainly marked at or above i:he water surface on �.he 94 vertical pool wall or on the edge of the deck or walk next ta the pool, at maximum and minimum points, at the points of change of slope between the deep and shai�.ow portions, and at intermediate increments of depth spaced at not more than 25 foot intervals. . . � 115.20-,(115.11} Private Residential Poo1 De�k�.ng Rec�uiremen,ts�(Deck) A deck at least 3 feet wide, measured from the pool water's edge shal.l be �.�/'�� • provided which extends campletely around all private residential pools; provided � that above ground private residential pools may be pzovided with decki.ng of a � �ninimum si.ze of 4 feet by 4 feet at pool entry poin�s and provic�ed that such . . , _.,, decking has the approval of•the City (Health Authori.ty�. �The deck shall be slo�ed` � away from the pool ta drain at a qrade of 1/4 to 3/8 inch per lineal foot and�`� . . .. � . . _ .. . . . _ _ . _ _. - - - _ .:..,,.;«� � shall have a nonslip surface.�.; � t . . . : �� , .,..... :�:.,.. : :.� 115.21 Additional Inlet and Outlet RecTUirements for Private Residential Fools�' . . . . _.,..o-.,,A �/'�i"� • (Drain) ` . ' . . Al1 private residential pools with a depth greater than'.seve_ n(7)_ (5) feet at'any poin� shall be provided with an outlet at the deepest point to permit the pc�o]. � � to be completely and easily emptied. Openings shall be covered by a proper grating which is securely fastened and not readily remov�d by bathers! Outlet • openings of the floor of the poo]. shall be at least four times the area of discharge pipe or shall provide sufficient a.rea so the maximum velocity of the water passing the grat� openinqs shall not exceed one and one-half (1�) feet � v �' per second. The minimum width of grate openings shall be one-half (�) inch • and.the m�ximum not over one (1) inch. An antivortex type of drain m�y be ,�,,..� used in ].ieu of grating. Any pool which �♦does not have an`�outlet to „permi� �� the oT. to be�easil and com letel' em tied shall bes�roviaea.wit w�� , � � ,� h a means ; - . . - :� � of draini.ng the pool sueh as pum�inq,�drain openinq or other means acceptable � .. , .. .�. • :to the City�.� . . . . . • 11_,_,5.22 (115.13) Regulations . . .... �.. . . _ � The Regulations for the Design and Construction of Private Residential Swi�►ing Po�1s, 1970, prepared by the American Public Health Association are hereby adopted by reference and shall be in fu21 force and. effect in the City of Fridley - as if set out here in full, subject to the foll.owing de].etionss 1. All of Section 1.2.1, Pag� b . � �. ' � 2. All of Sectiorr 6.2, page 9 � 3. All of Section ?.1, page 9 � . -� � . - � - � 4. All of Section 14.1, page 18 � _ �� 5. All of Section 17.2, page I9 . � , .- 6. All of Section 19.2, page 20 . � (Sections I.2.1, .fi.2, 7,I, �4.1, 17.1, and 19.2) . . �.�115.23 j(115.5) Inspection ' . . �, ..� . The CitY:;(Health Authority)�shall he.permitted access ta all. swa.mming pools for - purposes of inspection of the pool and equipment at reasonable ti.mes and as often � t ' � as deemed necessary to ensure compliance with this Chapter. �� - 115.24�(3.15.16) Interference ' � : - . �► . �. No person sha11 interfere with or hinder.the City:(Health Authority) in the ' perfarmance of its (his) duties under the provisions of this Chapter or the . . � . . . . . . . laws of the State of Mi.nnesota. � � � .115.25 Nuisance Prohibited • � - . . � \ �No person shall operate, maintain or permit any swimming �ool that creates a�w �1 - . • � . nuisance by annoying, injuring or endangering the safety, health, comfort or�� . _ ,+� �• repose of the public.: . . . ; .w . __ . . � � . ' .7p � 11i,5.26� (115.17) Penalties , . � � Any vi.olation of this Chapter is a misdemeanor and is subject to all penalties . provid�d for such violations under the provisions of Chapter 901 of this Code. � ' . I : . . � I . - i . . ` . � . ; . - � "�'-1 . � . ,. � _ . _ �I+. . .. ' _ ''I• . . _ . � . . �� , . � � i . . • ��"� • � _ ' i , _ � ,-.,,�.'"�