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PL 09/27/1978 - 6641PLANNING COMMISSION MEETIN6 City of Fridley AGENDA WEDNESDAY, SEPTEMBER 27, 1978 CALL TO ORDER: ROLL CALL: APPROVE PLANNIN6 COMMISSION MINUTES: SEPTEMBER 13, 1978 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #78-10, ALLEN B. STAHLBERG: Per Section 205.157, S,D, to allow construction in CPR-2 Zoning (flood plain) on Lots 23, 24, 25 and 25, Block U, Riverview Heights, the same being 8053 Riverview Terrace N.E. 2. PUBLIC__HEARING: REQUEST FOR A SPECIAL USE PERMIT, ui� �umrHNr: Ner �ection zu5.iui, :t, t,r+, to aliow the operation of a service station with car wash facilities, on Lots 16, 17, 18 and 19, Block 13, Hamilton's Addition to Mechanicsville, the same being 5311 University Avenue N.E. � � �., � � � . �, i c� �. � � . � � � � • � �:h : �:� � ;� � � i � 5. RECIEVE PROPOSED CHANGES TO CHAPTER 205. ZONING A. Timetable on review 6. RECEIVE HUMAN RESOURCES COMMISSION MINUTES: SEPTEMBER 7, 1978 7. RECEIVE COMMUNITY DEVELOPMENT COMMISSION MINUTES: SEPTEMBER 8. RECEIVE APPEALS COMMISSION MINUTES: SEPTEMBER 19, 1978 9. OTHER BUSINESS ADJOURNMENT: 7:30 P.M. PAGES 1-5 32 - 44 45-48 6 - 16 17A - 30 Separate SALMON PINK YELLOW. Note: although the ; public hearings are ; out of place in the � agenda book, they are � the first two items on ; the agenda � .,� CITY OF FRIDLEY PLANNING CO1�M4ISSION MEETTNG - SEPTEMBER 13� 1978 CALL TO �tDER Vice Chairmsa Langeafel8 called the Septemher 13, 19'i8, P�n�6 ��ieeion meeting Lo order nt 7:40 p.m. ROLI, CALL • Members Preaeat: Jemes Langenfeld, Ned Storle, V.irginia Schnabel, Robert Petereon, LeRoy Oquiet Members Absent: Richard Harris Others Preeeat: Jezrold Bonrdman, City Planner APPROVE PLANIIING COiM12SSI0N MINVS'ES: AUGUST 23, 1978 MOTIOH by Virgiaia Schnabel, seconde8 by Robert Petersoa, to approve the August 23� 1978� Planning Co�oission minutes se Xs'ittea. Mr. Langenteld stated ihait on page 5 oP the minutes� second paragraph, regarding Mr. Gordon �ledlund's suit 1+ith the City, Mr. Lengenfeld indicated thmt Mr. Hedlund is trying to sue the County also. Mr. Lsngenleld stated thnt on pagc 6 of the minutea, regarding Innabruck North, l�fr. LangenPeld indicated that the Environment�l Como¢uissians "displa�y oi c�cern" s�ens to hsve Sizzled. Ms. 3chnabel st�ted that laat week she noticed that the trucks w�n hauling ths nuck out �nd that they dumped it on the New Brighton side, then they Yilled in with sand. 1�1s. Schnabel also st�ted thst thera are several foundationa in nov, �nd that there are two "NO DUt�ING ALLaWED" signs on two of the lots that wer� placed on a noratorium two �reeks age. Also there is a foun3ation on a lot right nezt to one of those sites, in aa are� where they filled in. 1As. Schnabel stated that on West D�nubs it appaarB that they ar� fillin8 1n� and ther� is • lot oi vater there. UPON A VOICE VO�PE� ALL VO�ING AYE� VICE CHAIRMAN LANGEI+�'ELD DECLARBD THE MOTION TO APPROVE THE AiJGUST 23� 1978, PLaN�v� COt�ussIOx MlxtrrES CARR�D UNANIr�tlsL�t. MOTION by Vlrginia Schnabel, seconded by Robert Petersoa� to snapaad the rulea diecues iteas 3, 4� and g uatil Mr. Swrdman arrives. Ik'ON A VOICh VOTE, ALL VQTIPG AYE� VICE CHAII{MAH LANGENFELD DECLARED THE MOTION TO SUSP�ID THS RULES AND DISCUSS ITEMS 3� 4� ana 5 CARRIID UNANIPiOUSLY. PLAATNING COMMISSION MEEfIN, Gy_SEPTEI�ffiIIt 1�� 1978 PAGE 2 1. RECEIVE ENVIRONMENTAL QUALITY CO2�R4ISSION MINUTES: AUGUST 15r 19'T8� t�f0�TI0N by Ned Storl�, seconded by LeRoy Oquist to receive th� August 15, 1978, Eavironaental Quality Com�aiasion Minute�. Mr. Langcnteld �tated that in regar8e to their convereati� with Mr. Jack Ditmore, the gueet speaker for t6e W�Ser Plsnning Bo�rd -- Water Mana�csent Chsekliat, conceming our problem vith Innsbruck� it dxen't look like we will get such help becauae it ie a state and federal type of situation, and they c�nnot help us on a ca�nunity basia. Mr. Langenfeld st�ted ths�t on page 6 oi the minutee, second to the last para- graph xhere Mr. Ditmore indic�ted thRt they had not identitied all the vetlands of the atate and inveatoried them, indicates that they �re not up-to-date on the wetlande throughout the state, let alone the caam�unitie�. Mr. LangenPeld st�ted that on p�ge 9, the first par�gr�ph indicatee that there xJ.11 be aome direction regarding uetl�nds in December •e far •s the Water Co�ission is concerned. Mr. Langenield etated that page i2, second par�groph, coatained interesting information, for example the per capit�,rr�ter consumption in Minnesota. Mr. Lwgenfeld�st;tad that on psge 13, secead paragr�ph from tku end, hs a�de a co�ment t3 tht effeet th�t his inprsesion is that th� D.N.R. �ight be more iaterested in vhether • bullhead survived 4n a aud puddle than they vere about vhat happened to acme of the vetlands. Mr. L�ngenfeld stated that h. seaat what he sa18, but did indicated th�t for the recoxd, he felt the D.N,R. xas doing a good job in a lot of are�s. Mr. Langenfeld state8 that.oa page 16, second paragraph xhere Lee Ann Sporre discussed the vetlande, they vere hopiag ihat regarding snch thiags which couldn�t be haadled leYal],7� perhaps the Environaental Qwlity Act aad thc Environ'eatal IapACt Statement could be ueed t� put a halt to lurther developuat in that area, and thxt subsections 1 and 2 xen pre-requisits to whether rrc could iapla�nt the Environsental Iapact Stateaent or not. Mr. Langenfeld stated that a• the �eeting continued, it aem�ed to Ioose nountwr, a=d om psie 28 a aotion vas bade that the Ct�irper�SCi o! the Environe�ntal Qualityr Coau3eaic7n notify the City Council �t its nert re�ular �eeting that the Bnvironaental Quality Com�iseion requests faade sufticfent to prwide injunctuary reliei ior the filling of vetlRnds in Innabruck North, 3ecand pddition; Further that the Environbental Quality Co�mcission requests the City Council by reeolutioa support the Environnental Policy Act ond the Environmental Rights Act and allov tho �vironmental Quality Commiseion to select the attorner of its choice to represent the prapoaed legal action to tult the filling of the wetlande utilizing these legal instruments. Th� � uotion died for lack ot a eccond. When the motion died� so did tLe real iapact of Innsbruck North. Mr. Lanaenfeld referred to page 20, Par:grsph 3, snd iadicated thst he vould be very nuch intereeted in inviting the Ci£�/ Council Rnd the Park's and Recrsation Commission and the Planning Co�ission to take what theq call 4n env3roneental tour of Williaesc� Nall. The appropri�te people �rill be notified when • epecific date ie aet for the tour. � ::_■ PLANNING Gfl�Aff8SI0N MELTING, 3EP'1�ffiER 13, 19T8 PAGE � UPON A VOICE VC1PE, ALL VOTING AYE� VICE CHAIRMl1N LANGF�'� D��m T� �TION Tp gE�gIVL► pND ENViRONMEIi2'AL R��ITY COlAdIS3I0N NQ1V[1PES OF AUGUST 15� 19'�� CARRIED UPANZMOUSLY. 2, g�IVg pqRKg pND RLCREATIOti C�S3ION MIP7f71'E5: AUGU9P 28, 1978 ]+�TION by RoberL Petereon, seconded by LeRvy Oqniet to receive th� Parke aad ecreation Ccomiaeion sinutes a2 August 28� 1978. lAr. I.RnQeniled natcd tkut P�B� 3 of the ffiinutee st�tes that Parkviev Elaeentary bae been selected •s w C�gregate Dinin�o �rk�fort hseseniorCCitiznene. �e •skad hov Lha transportation w�s �oin8 1�IY. Storla ctated t2�t �ueeteit81on�atreservat oa basis.to provide trwspur- tatiar� for anyone vho req , Mr. Petersam inqnire8 who the Mrector of the Con�reaate Dining Roo� vould be. Mr. LpnQeafeld stated that hopefull,y a local person �rould be relected. Mr, BtorL stated tl�st aa he underatanda it, Mewls on ►aheela vil7, Rleo be eerve!d out ef the Congreg�te Diaing Roon. thr. Peteraon brought atteation to pa�e 4, the letter fro� Sgt. Sprunpean tent withallparkeri�n Fr�ia ey a�l neighbor cities�, in that liquour amd be�eis- vou7.d be bannc�ci • UF'ON A VOICE VOTE� ALL VOTING AYE� VICE CHAIRMAN LANGENFELU DECLAiiID TfiE 2�PION TO RECEIVE THE PARKS AND RECREATION COhAffSSION MINU'PES OF AUGU5T 28� 1978� CARRIID UPiAN7M0USLY. 3. DISC�FuSION AND COMMENTS Oft VILLAGE GREEN PROPOSAL LeRoy Oquist ataCed that tbia vas discusaed at the Coa�unler Bobland Patty�lstead were meeting on September 12� 1978� and that the Property ManaB � present. Mr. Oquiat and tY,e other members ielt tbxt it vas a vell �+ritten d0etwust �nd covered most papects of property maa�gement. A motion s►ae made �t the Co�munity Devalopment Go�eiseion meetix� ttut the City Council revie+► qnd si�n the contract. ldr. Petersea felt that ordinancea might protect the city in regar8e to the 8evelapsent and the people Who vill be livine there, but veuld like to see the City Council liwve aur ieBal Council loak ot it and if there are slianaee, �+1�� the chan�es� but it shovld be signed. Mr, gpar8n�a stated that A1 Gabel from t1�e C�munitY peoelapment Cammsiseion ax�d latry Van Dan froo� the Hwefw Reaources Ca�+ission have been selected br thoae Lw� aes'ber ca�isaione to aerve a�n the Selection Co�lttee. relect the initia].�p oDleewd�after�tha�ttwill be upvto hetMan� �t� thee Developmeat to accept ne�r le�sed. hh'. �quiet etated L2rat they aow b�ve over 600 applicaata ior 195 �t$• M�'• �l�et stAted that thq have a tentative agx'eeneat xith th� Mt'C to provide • bus e'Eop riaht in frast o? the Senior Citizena buildiny. _,.7 PI.ANNIIiG COt9�QSSIOIf MEa'PING, SEPTEt+�ER 13, 19T8 PIU3E 4 Mr. Boardman stated thst it looka like the City Council rrill go alth • para- tr�nait syatem similiar to the progrs�m ia Columbi• Heighte. The Federal Govern�nt will eubaidize 90$ of the first year on an eicperimeatal basis and dter that other subsidiea vi.11 take over although thcy Laven't yet bees dcterained. It looYa 13ke it �*ill be a 2/3 aubaidy. Mr. Peteraon stated ttut he is opposed to a transit systea in the City M Fridley because of the cost and hopee that the City Council rrill look at, these Federal subsidies because he feels that thcy are about ready to dry up. Mr. Boardman stated that he felt a deciaion would be made by the City Council a't their next meeting regarding this. Mr. 3torla stated his Com�ission vaa conerned regarding the initial rent-up group. They vould be hsudl3ag the applicationa that first paesed through a leasing tean that the management has� and that they would be screening out applicanta that had been poor renters in the past� and eligib2e applicanta would be peased to the Co�unity Development and Reaovrces groupa. Regarding the 1imi.te such ae one child per bedraom unless under the age'of 5 or of the same sex� Mary Van Dan expZAined that ii the tsmily gro�as� they vonlr] be ple�ced o¢i a prlUrity list far a larger unit, not kicked out. He iel% it was an ezcellent dxument. � Mr. Langenfeld stated that he likee the idea of pxeventative maaegemest because it concerns itaelf with the people involved. MOTION by Robert Petersan� seco�ed by Ned Storl.s, to recaammen8 the management plan and all the attaciuxnte thereis in regards to the Village Green Proposal to the City Counicl for apprwal after proper legal council. UPOfl A VOICE VffPE, ALL VOTING AYE, VICE CHAIRMAH LANGENFELD DECLARID TAAT THE MOTION TO RECON4'IEHTD THE MANAGEMENT PLAN AND ALL T'EE ATPACAMENPS TftEREIN IN RE7GARDS TO TAE VILLAGE GREEN PROPOSAL TO THE CITY COiAJCII, FOR APPROVAL AFTER pROPER LEGAL COUNSEL CARRIED UNANIMOUSLY. $. RECEIVE A1�D DISCUSS CHANGES TO CFiAPTER 205, ZORING CODE MOTTON by Virginia Schnabel, atconded by LeRoy Oquist to receive a�i discuss the proposed changes to Chapter 205, Zoniag Cale. UPON A VOICE YOTE� ALL VOTING AYE, VICE CAAIFtMAN LANGENFELD DECLARID THAT THS MOTION TO REE.C�EIVE AND DISCUSS PROPOSED CAANGES TO CAAP1�i 205� ZOPiING CODE, CARRIED UNAPIIMOUSLY. Mr. Boardman stated that he s+ould like to �o through and po1At out general t�ings thst would be help£ul to them in reading it. He stated that everything that is underlined ia sn added etateeeat ana that deletions �re crosaed out. 1. The purpose of the code ehould be laid out more clearl,y And deiiae the cale better. 2. A 6eaeral change in the org:a#zatioa of the code, tor esa�ple, 8up11cations aro removed and aectioae no longer used �x reaoved. 3. Ia the ca�ercisl ares, eodifications vere a�de. Everything tLat deals viLh adainiatratiam aad geaeral perform�nce requiremente are included in the first 30 psQea� a�l changeable itema w111 be ln the back oi the dxtment. pLpNNING COMMLSSION MEETING, SEPTENBER 13, 1�8 PAGE 5 4. Special Dietricts will be listed with their regulatione. 5. All parking requiremente are nov placed under General Reetrictiona �rj.th s lietin` of usee. 6. Perlormance Standards - such thinga as off-etreet p�rkinQ, esterior storage, drainage �nd landscaping requirements� etc., are now included in this docwnent. The fol2owiag itens will also be listed wnder Perforsance Standarde: A. The aalntenance aspects af the Zoning Code h�s been expanded so that we xill have som� type of statement that could be enforced through the Zoning Code as far ae the maintenence of erterior structurea� removal of snos+ and ice, etc. B. Eseentiel Servicee are also iacluded under Performance Standards. C. A section c2assified as Fhvironmental Aspects has been added to the Performance Standarda section. This aection vill include such things as explosives, fall-out sheltera� noise, vibrations, etc. It vill alse cover such tli3nga as erosion on coastruction sites� use of drainage ponds, and that type of thing. 7. The Variance Procedure wae put back into the Zoning Code. 8. Each District Will be listed with speciSic regulations. Mr. Boardman etated that ea�pleted copies vill be diatributed short]y. Me. Schnabel stated that the Appeals Coc�ission would like to review the docmient. MOTION by Robert Peteramn� seconded by LeRoy Oquist to include on the agenda for the next a�eting, an item to aet up a timetable Por the revieu, apprwal and recaemendation of the Building amd Zoning C aie. [A'ON A VOICE VOTE, ALL VOTING AYE, VICE CAAIRMAN LANGENFII.D DECLARID THE MOTION TO IlQCLUDE AH ITL�M ON TAE dGENDA FOR THE NE�CT MEfs'TING TO SEP UP A TIMETABLE FOR THE REV�EW� APPROVAL AND RECOA4��PIDATION OF THE BUILDII[G APID ZOPiING CODS� CARRTED.UNANIMOUSLY. MOTION by LeRoy Oquist� Seconded by Robert Petereon to adjourn the meeting. OPON A VOICE VOTE ALL VOTING AYE VICE CHAIRMAN JAt�S LANGENFEND DECLAfiID THE �LANNING C0�7[SISSI�N �TING 0�' SE�'1EMBER 13, 1978 AD.IOURN$D AT 8:40 P.M. • ,r... .. 0 MEt40F.APIDUI9 OF 11GY.i:£I9E1IT �The purpose of this Memorandum of Agreement is to describe those area� of enforcenent activity covered by Chapter 363 of the t4innesota State Statute where a collaborative effort between the Fridley Human Resources Hur.ian Ri�hts Cornr.iission and� the state Depart- ment of Huznan Ri,ghts can be effectuated. I. Taking a Charge of lliscriraination - On Site When an alleged discriminatory act occurs within the jurisdiction of the Fridley iiuraan Resources Human Rights Commission and the char�ing party makes initial contact with a designated menber(s) of the Fridley Human Resources Human Rights Coranission, the local cor,uaission may complete the Department of Human Rights' intake of the charge and fqrward the charge ta the Department of Auman Rights for docketina and processing. A. intake of Charge On-Site (1J Intake Interview�- The purpose of the intake interview is to document as much pertinent information as possible regarding an alle�ation of discrimination. The charging party should De asked to briefly state wnat they believe to be discriminatory treatraent. The statement should be recorded on the DHR Form Affidavit #1. The charging party should review the statement for accuracy and sign it. The signed Affidavit #1 should state the basis; the area of discrimination, when it occurred, and by whom. A check should be raade to assure that the charge is timely, i.e., oceurred within six (63 months of the filing date. � Based on the alleged discriminatiori, the designated local comr.iission member should prepare DHR Affidavit tE2 by as'r,ing the charging party specific issued-related questions. ' -1- �� Ansiaers to the questions are recorded on � the affidavit and are reviewed with the charging party to assure completcness and accuracy, which should include: (1) a detailed statement of the facts; (2) names of potential v�itnesses; (3) dates; (4) sequence of events; f5} person(s) invo2ved in discrirninatory act(s). Charging party is instructed to read and verify recorded , information and to sign the affidavit. Other questions reco�nized as pertinent to the investigation which the char�ing party . is unable to answer during the intaY.e . interview should be given to tne char�ing party at the end of the interview. The charging.party is asked to secure the answers to the questions, when possible, and return them to the local comrnission. The local commission will fors�ard the '. � completed information to the Departnent of Human Rights for placement in•the case file. (2) t"ultiple cha^ ;ing parties - in instances several individuals wisn to make the same complaint against the sane respondent, each have to file a separate DHR Form #1 and affidavit, even though the language is identical. This is done so that the charge forms of the re;:iaining parties wi11 renain in effect if one party at some later date withdraws their charge. (3) Date stamping - Charges are to be date stamped upon receipt to establish tne official record of receipt. Date-stamp the envelope.and back of each paoe, being careful not to blot out information. Staple the envelope to the document in order to preserve a record of the date mailed. (4) Promptness in handlin� - verified charges shoul— d be � orwarde�o the llepartment of Human Rights promptly after the intake interview has been completed. The Depart- ment of Human Ri�hts is required by statute to notify the respondent and other governmental agencies (if applicable) by certified mail � that a charge has been filed within five (5) days of receipt of the charge. (5) Forwarclina of a char,e to the De artment o Humai� Kights - t e veri a.eci cnar�e and supporting a�fidavits should be promptly forwarded to the Department of Human Rights for docketing and processing. r -�..r � B. Intake of Charge - LJrite in When•a chargin� party submits a written inquiry to the local corcunission concerning r+hat is believed to be discriminatory treatment, and the incident complained of is in the jurisdiction of the Fridley Human Resources Human Rights Corrunission, the desi�nated commission member may review the written inquiry to determine if the incident complained of appears to fall within the jurisdiction of Chapter 363. If the practice complained of in the correspondent to the local commission appears to be within the jurisdiction of Chapter �63, the designated commission nenber should select ti3e appropriate llepartment of Human Rights form letter and issue- relateci affidavits that need to be completed by the chargin� party before a formal charoe can be written. This information along with a Depart�ent of Iiuman Rights charge form should be mailed to the charging party with instructions to promptly return the requested information to the designated commission member. The charge forn must be signed and notarized, and affidavits must be signed. The local commission should retain the letter of inquiry in a temporary suspense file alono with a record of the affidavits sent to the charging party' until the requested information is returned. Upon receipt of the signed Department of Human Rights charge forr.i and issue-related affidavits fram the charging party the designated commission member should remove the letter of inquiry form the temporary suspense file and forward the total package, Departnent of Human Ri�nts charge forr.i, affidavits, and letter of inquiry, to the Aepartment of Hurtan Rights for docketing and processing. II. 30-Day Waiver A�reement A. The 30-day waiver agreement is a process develoged by the Depar requests by Officers for employers tc crimination. intended to party and a successful. tment of Hur.ian Rights in response to some employers and Affirmative Action a procedure which would enable internally resolve charges of dis- The 30-day waiver agreement is promote such attempts if the charging respondent believe that they might be -3- A rhar�ing party is given the opportunity to �;� participate in the 30-day waiver only at the time a charge is filed. If the char�ing party si�ns the waiver agreement, the respondent is invited to siF;n at the time the notice of charge is served. The respondent has ten (10) days after receipt of the waiver to return the signed agreement. 4�Jhen the agreement is returned to the Department of Human Rights, the Cornmissioner's signature is attached as a third party to the agreement. The terms of the agreement are: � (1) The department will not begin an investigation in the matter for thirty (30) days. (2) During this 30-day period, the charging party and respondent may naY.e any efforts that they desire in order to reach a proposed settlement of the charge of discriraination. . (3) Any settlement or aUreement concerning or related to the subject matter in the charge is not binding upon the charging party or the respondent unless it is also signed by the Comr.iissioner of Auman Rights. (4) The agreement may be canceled at any time by any party by sending written notice to all other parties. . (5) Entering the 30-day waiver agreement does not constitute an admission by the resgondent of a violation of the l4innesota Human Rights Act. If the respondent does not �'eel that the waiver agreement is an appropriate way to.resolve the matter, the charge of discrimination is reierred to the Enforcement Division of the department for investigation. B. Local ComMission Collaboration - when a charging party and respondent agree to participate in the 3�-day ssaiver process, the case fiZe is assigned to a conciliator for a 30-day period. � i -4- (1) Upon receipt of the case file the coneiliator ,�ti� will contact the ciiarging party to discuss the issues involved in the charge, possible remedies and ho�a tlie char�in� party feels about meeting with the respondent. If the chargin� party or respondent request assistance in negotiating a conciliation, the conciliator will contact;the designated Fridley Hurnan Resources Human F.ights Commission and invite tne member to participate as the charging party's representative in negotiations. If the designated commission member accegts, the conciliator wilI provide the member with pertinent information about the charge and possible remedies. (2) The respondent will be notified of the local cor.unission's involvenent by the conciliator. The desionated cornmission member will schedule meetings bet�aeen the respondent and the charging party. The conciliator will provide techni:cal assistance as requested by the local commission member. . . (3i The local commission member will write the praposed Terms for Conciliation arrived at by the respondent and the charging party and submit them to the conciliator for review and placement in the standard conciliation agreement format. (4) The terms of Yhe progosed conciliation agreement will be submitted to the Cor.unissioner for approval, and them to the designated commission member, the charging party and the respondent for signature. After all four (4) parties have signed the agreement, an exec�ted copy will be forwarded to the Frid2ey Human Resources Human iZights Commission for the recard. • III. Investigation A. Invitation to Collaborate When a charge of discrimination is assigned to a Department of Human Ri�hts investigator for active investigation and the alleged act of discrimination occurred within the jurisdictional area of the Fridley F3uman Resources Hunan Rights Commission, an invitation to collaborate on tne investigation , will be extended by the Department of Hr�nan Rip,hts investigator to a designated local commission member. The local commission may accept or reject the invitation at the time of the initial contact by the Department of Human Rights investigator. -5- .!,^"� � _� :�. If the loca2 cor.unission accep�s the inva.tation to collaborate on the investigation, the llepartment of Human fiights will notify the local cornmission every sixty (GD) days frorn the date of assignment of the status of the charge until the charge is no longer in the jurisdiction of the department. B. Scope of Collaboration - Investigatiye The designated commission members collaboration in the investigation shall include: (1) 5cheduling of interviews with pertinent parties as identified by the assigned DepartMent of HuMan Rights investigator. (2) Taking pertinen� witnesses' s�atements in either affidavits or interview report forr�s . - C3) Arrange on-site investigation itinerary at respondent's place oE business, and if appropriate assist in the collection of records and other statistical data as requested by the Department of Human Rights investigator. (4) Write up observations obtained as a result of the on-site visit when requested by the Department af Human Ri�hts investigator. C. Yews Releases When a charge of discrimination is remedied and there has been collaboration on tne investigation between ihe Department of Human Rights and the Fridley Hunan Resources Human Rights Commission, a joint news release will be issued. The department will provide the.local corvnission with an overview of the issues and events occurring in the case, and the local commission will provide information 'on the local involvement. The locaZ commission will release and post all such news releases. -6- IV. Conci].iation Process A. The objective of the conciliation process is to achieve voluntary cornpliance with the Plinnesota Human Riohts Act by means of a written agreenent folloc�ing a charge, investigation, and a deterrni- nation of probable cause hy the Commissioner of , Hunan Rights. The crritten agreement resulting from conciliation s}iould include a just resolution of the issues, and assurances that the respondent will elininate unfair (unlawful) practices and take appropriate affirmative action. Within ten (10) days after•the respondent receives the probable cause determination, the conciliator assigned to the case will send the respondent a copy of the department's terms. The terms or conditions which will make the char�ing party whole should include all actual damages, plus interest, the cha^ging party lost (compensatory damages), punitive damages from $25.00 to $50D.00, and corrective measures if necessary. 1he respondent is given thirty C30) days to arrange for a mutually convenient coneiZiation conference with the conciliator at the conciliator's office, unless otherwise stipulated, which should only occur under unusual.circuttistances. The invitation to participate in a conciliation conference is always sent to the respondent by mail. The respondent's acceptance may be either by mail or telephone. In the case of the pre-determination settlement, the abbreviated standard form agreement ��ill be used. In all other, the departnent's standard form agreenent which includes seven C7) provisions is mandatory for aIl satisfactorily adjusted conciliation cases. A slight modification of the standard form agreement will be permirtted in certain circu�astances with the approval of rthe Assistant Commissioner for Enforcement and the Commissioner. General Provisions of the De i�...,.,, e ... .............. � . (1) The agreement does not constitute admission of a violation. (2) Charging party. - 7- ! .� �. ,. .� :.lr;; (3) Commissioner of the Department of fiwnan Rights �f��ii review compliance with the agreement. (4) All emgloyment practicss to be conducted in a non-discriminatory rnanner, by the respondent. (5) Reporting requirernents. (6? Particular provisions of the conciliation. (7) The agreement is the final decision of the department; is enforceable in District Court of hfinnesota pursuant to i�linnesota Statutes 363.09�, and settles all matters contained in the above-entitled charge of discrimination. (8) A triparte signature; first th�e Commissioner of i�uman Rights; secand, the respondent; •. • and third, the charging party. B. Local Commission Collaboration (1) When a local commission has agreed to enter into a collaborative agreenent on a specified charge of discrimination, the conciliation phase.of the investigative process nay De included in tne scope of involvement by that commission. - Nate: A local cor.unission m� not participate in the conciliation phase only. (2) When the case file is referred to a conciliator, the designated local•commission is contacted and informed that the case is in conciliation. 1^he coneiliator will explain the conciliation procedure: , (a) that the depar#ment is seeking a written agreenent with remedies of the viola'tion and provide appropriate- relief for the charging party and other similarly situated persons, if they exist. (b) that the agreement will contain a waiver of the chargin� garty's ri�ht to sue where the charging . party is a party signator. (c) that if an agreement acceptable to • the department is ob�Cained, the matter will not be referred to a � public hearin� (litigation). _8., . C-/�� -C.L -][ (d) th��t no admission of the violation is necessary in order to maY,e a statement and none is. presuned. (e) that conciliation efforts are con- fidential under the department's procedura2 re�ulations, and under the statute, (f) that it is advantageous for a respondent to sefitle through conciliation thus avoiding a lawsuit, adverse publicirty, extra expense which aceompany such action. (g) that the conciliation r.ieeting is totally confidential and any swn�aarative discussion of the case will be.kept totally confidential. (h) that the conciliatioti conference , and the conciliation process is totally a voluntary process, and if conciliation fails, there be no negative reflection on the respondent. (3) The charging party will be specifically advi�ed that the department will seek the kind of remedy that is provided in the Minnesota Human Rights Act and can be provided by a hearing officer or distriet court. The local commission member should explain that the departr.ient nay not be able to resolve all problems in the case that is pending against the respondent, and advise the charging party that if conciliation efforts fail, respondent is still ZiabZe to de£end a civil action brought by the Department of Human Rights. (4) The respondent will�be notiiied of �the . local conmission's involvenent by the conciliator. The designated cor.unission mer.iber will schedule meetings with the respondent. The eonciliartor will provide technical assistance as requestec3 by the local commission member. -9- The local cor.vnission mernber will write the s..� proposed Terns for Conciliation arrived at by the respondent and the char�ing party and submit them to -Che conciliator for review and placernent in the sCandard conciliation agreement iormat. The terms of the proposed conciliation agreement caill be submitted to the Coru,-nissioner for approval, and then to the designated comr,iission meMber, the cliarging party and the respondent for sionature. After all four {4? parties have signed the agree- ment, an executed copy wi11 be forwarded to the Fridley Human Resources Human Rights Commission for the record. V. Security and Confidentiality of Records It is understood that all information, documents, and records of testimony collected during an investigation under this agreement are the property of the Departnent of Human Rights and are private as specified undcr the Data Privacy Act. Y2. Jurisdiction of Charge Under this agreement a charge m� not be jointly filed with the local commission and the Department of Human ltights. The local commission members shall exp7ain to a charging party his/her option to file with the local commission or with the nepartment of Flwnan Rights. Although the 1•iinnesota Statutes, Chapter 363.116, states that a local conmission may refer a matter under its jurisdiction to the Commissioner. It also states clearly that the actual filing of a charge with a local conmission precludes the option of filing the sane charge with another comrnission. VII. Supplies Provided to Local Hur.ian Fcig,hts Conmissions The state Department of Human Rights will provide the Fridley Human Resources Human Rights Commission with department supplies needed to carry out this col2aborative agreement. A. Supplies provided by state Department of Htunan Rights: fl) Department of Human Kights Charge forms (2) Department of Human Rights Affidavits #1 and 1�2 (3) Department date stamg -10- ' (}t? Apgropriate Department of Hu�an Rights Form Letter(s? (5) 30-day YJaiver Agreements (6) Standard forn Pre-conciliation Agreements VIII. Termination of Agreement This agreement may be terminated Uy either the�commission � or the Department of Hurnan Rights on thirty (30) days notice. This Meu�orandum supersedes all others prior to this date. �lpproved by Fridley Human Resources Human Rights Commission Date _ Chairperson ayor 0 Approved by the Minnesota • . Depar-Cment of Human Rights , ate illiam L. Wilson, Commissioner Department of Human Rights -I1- � � 't�,: ..�.... ��I � I From thr dask o[ NAS31t t2URJ:511[ CI1`Y RiANACI:R':i Ol'FICB September 13, 7978 EG7: �/lv�. �bea�xd Ordinance Review by the � P�anning Commission. Inquiry by Councilman Schneider � �� CqEi40RA1�DUM DS-Si8 � TO Mr. Schneider�inquired regarding the status of ihe review of the `�� o�d nance by the P1anning Gommission. The City Council, a couple ot months ago> indicated to us to send it back to the Planning Commission to see if there was a way to amend the. ordinance to incTude factors like size of the building, distance from the highway and different site problems to increase the a11o4rab]e sign size--hopefully to minimize the various uariance requests to the City. Thank you for your assistance. NMQims - ; i i t � 9/15/78 - derry Please note above which indicates free standing signs should be discussed by Plann+ng Commission as.requested by the Council at the Aug. 21st meeting. DS/jm , . j RECULAR PiEETIflG OE' AUGtJST 21, 197II PAGE 8 Councilman Hairernik asked if the notion has to deny Lhe request. Councilr:an Barnette stated yes, Lhe opposition eras the exctusive use. � Whatever can be worked out 6et.teen Qr. Coudreau and the cburci� is fine. hr: Qureshi, Lity F+ana9cr, stated that mast of the graiips we have a joint venture approacb roith, use the City facilitics and assist in the improve- ment of the facility. He suygested mayGe the church a:ould li4.e to contribute to tbe improvcancnt of the facility by givin9-money for the under9round systerf.� Or. iSoudreru s[ated you are saying, however, that they can use the field for practice and games. Louncilr�an Barnette stated yes. Counciiman Fitzpatrick stated we can support the motion on the floor and o�e do not interrupt their program. Louncilman flanernik stated if t4e awdermy is going to be ptaying games there, they might consider sNaring in the cost o► lin9ng the field. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unaniapusly. 3. APPF/1LS COMPfISSFOM MEETING OF dUL7 25 197II R. LAPiPERT LUMRER: 7600 TII 65, SIGN VA(?IANCE: Mr. Sobiech stated tl�e Appeals Cortmission denied the request for a TO'x21' sign for Lampert Lur.iber but did recomneud an 8'xl8' sign. Mr. Carlson from Lampert Lumber was present. � � . Hr. Carl3on showed the Council pictures of the signs he planned on using. Mr, Sobixh stated Lampert had made considerabie improvements on their prnperty. Gouncitman Nar�ernik asked how big the existing sign �ras. Mr. Carlson stated 6'zl4'. Councilman'Namernik ask Mr. Carlson if they were planning on using tfie same pile-ons. Nr. Car�son s W ted no, that yould be changed. Mr. Sobiech showed the plan of the si9n. � MDTION by Councilm?n Hamernik, sewnded by Councilman Schneider, to deny the 70'x21' sign r�ith a recommendation that they be attowed to put up an 8'x18' sign. Upon a voice vote, atl voting aye, Mayor Nee dec7ared the motion carried unanimous7y. Councilmart Schneider asked if it would Ce appropriate to have the Planning Coau�yssion review the ordinance, / FtOTI6N dy Councilman Schneider, seconded by Councilman klamernik, to have the Pianning Coirvniss5on revie� the ordinance sect�on on free standing signs. Upon a voice vote, all voting aye, Flayor Nee declared the motion carried unanimovsly. C�RSTOERATION OF EXEf.L17I0td OF Hil 1 TtiP FTRF �C:1TCfTinfJ PnNronrt. Mr. Qureshi, City Ftanager, stated ibis item was�foY execution of the fire protection contract. MOTION 6y Councilman f{amernik, seconded by Councilman Fitzp3trick tv approve the exew tian af the fire Drotection contract with Hilltop. lJppn a voice vote, all voting aye, Fiayor Nee declared the motion carried unani�wusly. CONSIDERATIOfJ OF EXECUTION OF AGREEtfEPlT WI7N SUPERAMERICA: SG67 OHIVERSITY AYENUE W.E., SPECIAL USE PEWNIT SP 877-17• Nr. Sobiech stated thc Cuuncii 9ranted approval in february. Based on what the staff heard at that meeting, vre feel rre have come to an agreement u.•hich is mere appropriate than the one proposed originatly and approved. At that time it was ��.1 /�=R: ;� � - ' i ~� � � . �-.. � _ . � _ � . ,� . ri i' �' �, \ ,'� , , r 1&0 ORDIriAXCE N0, 6b6 � . . . t_. _��, f � , CHAPTER 274 ;�� AN ORDIHONCE AOOPT[NG CHAPTER 214 ENTITLEO SILHS� AND REPEALINC PRIOR CNACiER 214.ENTIRED SIGNS AN6 BiLL80ARDS � ihs Litr Councit of tM Clty of Fildisq do�s erdiin as folia+si � . SECfiOM 214.01 PURPQSE � �� The purpou of thfa ehaptar Sa te proteet end prarots ti» gencrst PURPoSE �� welfue. health. safetr end order �riiAin tha.Ctty ot�Fridley th�ough � tM �stabtlaMbnt of�a eanprehensive and impartiaf sertes of standarda. . regulattons and proeedurea goveretng tfie ereetfon� use�and/er dis- . pler of devtees� signs or symbots serving as a viswi camnwieaNve � � med/a to perwna situatad w4tM n or upon pubFic rights of w,�r o� prop�rtt�s, The provisfans of this ehaptar are intendad to encoung� � � � oreativityi a reswn�ble degree of freedoa of ehofoe, an oppor- � tunitr fu effective comnunieatfen, ard s sensa ot eence�n fo� the � vfswi ananittes on the part of tfase designtng, dSsptaying, or .�� otherwlss ut11fz1rg� �eeded eamnxdutive media oE tM t7rpes regu- . . lated by thls cAapter; wh11s at the sam� tiroe, asswtrg tfiat ths � � �� pubile h¢atSF and welfaro fs rot endangKed, � � SEtTION 214.02 DEFIM7IOx5 � � . �� The fo�ta.tnq de1lnlNons shatT appiy 1n tM tnte�pretatton and DEiiHITI0M5 �. . sppliutlon of this ebapter aM tM followfng words u�d te�s where- svar tMy xcw 1n this ehapter are drfined aa fo2lavns A. ABANDONED SICM aiwns a slgn «A�teA ro ionqer eoreeetly dtracts � or �xhorts any pe�wn� advertissa a 6onafide 6usirtess� tessoe� a+nerr produet or activity conductM or praducY avaita6le oe the premis�a �har� sucb sfgn is dispi�yed, � �- S. httESSORY USE +neans a vsa whieb is subordineLe to ths prin- . � eip:i� ux being aude of a pareel of land. ! t. A0IFERTISING SIGtl ineans a slgn�r/hieN 1s used to advertisa ipreduets. goods or servtces. � D, ADDRESS SIGN mean� a sTgn Mtth ldentlfieatfon nunbers only. � . whsthsr writt�n or 1n Mnericai form, .� -- . � i_- E. AITERATION reFers to am �eajor ehange Yo a sfgn, exetuding routlne m►Sntsnanee. paSniing or cNang� of copy of an exfst{rg slgn. � . . . . F. AREA.IDENTIFIC0.TION SSGN mesns a sig� wAiey idenH fles tM nrr� of a neigt�orhood, a restdantisi zubdivi:ion� a�mulHpl� res- ldantt�l eanpt�x� w a business uw, � G. BANNERS ANO PENNANTS a�ns att�Mfon getting devices of paper� eloth� or plutlt-tik� eonstst�ney and vA�ieh are of a ten�porary netura. H. BENCH SICM aeans a aige whiefi is �ffixed to a bsnch. I. BILl80ARD arms �n advert[aieg s{gn whTch directs atGntion te a businsss. cuonioditr, urvfee� o� entertaimenY, which 1s�eonducted� sold or offered eisa+�hare thaq oa the prwisss of rhich 2Ms sign is lxalad. - . � J. CIUhGEABt£ COPY�SICM (HArAIAL) m�ans a sigrt whfeh.eopy fs chanysd manually in a fieTd. K. ENAN6EAB�E COPY SICN (AU7QtiAT[C) meana a sign sueh as an eleo- troniutty or eleetrtc�ily controtled time, tamparature �nd dat� sfgn m�ssage c�et�r or nadar 6wrd, Mwre dtffer�nt copy �eharg�s �n slq�w� on tM sans lamy badc. R A i � i 1 ' A p : . � � i � I � f ; i I ! I � i ��` i ' ,, i _�. . � Ordinance no. 666 (Cont.) � L. CONSTRUCTION SIGN means a sign placed at a tonstruction site, identifying the project or the name of the architect, engiaeer, contractOr, financier or other involved parties. N. DIRECTIONAL SIGR means a sign erected on public or private property which bears the address and{or name of a business> institution, church, or other use or activity> plus direct9onal arroor for infnrmation on location. N. DISTRICT refers to a specific zoning district as defined in the Fridley 2oning Ordinance. 0. FLASHING SI6N means an i7luminated sign which contains tinter- mittent lights ar exhibiYs noticeab7e changes in-calor or Tight intensity. P. FREE STANDING SIGN means a sign which is securely attached to the ground,nr�d not.affixed to any part of any other structure. Q. GOUERNMENTAL SIGN means a sign which is erected by a governmenta} � unit for the purpose of directing or guiding traffic or other public information. R. IDEN7IFICA7ION SIGN means a sign which states the name or address or both of the occupant or accupants of the lot or building where . the sign is placed. 5. ILLUMINATED SIGN means a si9n which is illuminated by an arti- ficial light source. T. INF9RM4TI4N SIGM means a sign giving information to employees, visitors, or delivery vehicles, but containing ne advertising or identificatian. U. INSTITUTIONAL SIGNS means a sign or bulletin board which identi- fies the name xnd other characteristics of a public or private institution on site where the sign is located. V. MOTION SI6N means a r'gn which revolves, rotates> has u�oving parts, or gives tAe illusion of motion. fJ. NONCONFORMING SIGN means a sign which lawfully existed prior to the adoption of this ordinance, but does not conform to the newty enacted requirements of this ordinance. -� - X. PERMANENT SIGN means a sign which is intEnded to be used for - . an indefinite period of time. � Y. PORTABLE SIGN means a sign so designed as to be movable from one location to anather and which is not permanently attached to the ground, a sign structure, or a bui7ding. Z. POR7A-PANEL means a back to back, mobile advertising device, � mounted on wheels and used for commercial as �ell as civic promotions. ' /VA. PROJECTIN6 SIGN means a sign, other than a walt sign, that pro- jects perpendicular from a building structure. 161 '+ � ��- . � l BB. RAILROAD CROSSING mear.s a railroad trtckage which intersects and � crosses a street right-of-way at grade aith the street. CC. RODF SIGN means a sign which is erected�,�constructed, or attached whoily or in part, above the roof of a building, except where . � the roof is an extended facade. ��00�. RUM.M0.GEJGARAGE SALE SIGN means a temporary�sign.which advertises. �� .� .� ��or directs the public to.an�infrequent saie of.�generally used�� . �.. - mercha�dise sold from a private residence. � R Z62 C •) C . = -- --- ---- --- _ _.-- ___:_-�-- -, --_ __ _ __ _ _ 1, Ordinance No. 666 {Cont.) . , `�,y� EE. SIGN mea�s a lettered board, or other display, and its support strutture, used to advertise, direct, identify, inform, or convey a message to one who views it. FF. SIGN AREA means the total area of tfie si9n. including the border and the surface which bears the advertisement; or in�the case �� - � of inessag�s,�figures, or symbo}s attached�directly�to any part � of the building, it is that area which is inctuded in.the smail- � � est rectangle which can be made to circumscribe the message, � figure, or symbol displayed therean. The stipulated mazimum � sign area for a free standing sign refers to a single facing. GG. SIGN STRUCTURE means any structure which supports, or is capable of supPorting, any si9n. Said'definition shall nat i�clude a building to which the sign is attached. HH. SHUPPIN� CENTER/MUITIPLE USE BUILOIN6 means a 6uilding planned and developed for multiple occupancy use as comnercial or in- dustriai enterprise. II. TEMPORARY SIGN means any sign, 6anner, pennant, valance, or adverti5ing display constructed of cloth, canvas> light fabric, or cardboard, wallboard, or other light materials with or with- out frames; intended to be disptayed for a 19mited period of time not to exceed thirty (30} d�ys.. .. JJ. WALL SIGN means a sign which is affixed to the wa17 af arry building. KK. HALL GRAPHICS means a graphic design or decorative mural not intended for identification or advertisin9 purposes, which is painted directly on an exterior wall surface. LL. WINOON SIGN means a sign installed inside a wi�dow for the � purposes of viewing from outside the premises. This term.does not include merchandise located in a window. MM. UNLAWFUL SIGN means a sign which is in conflict with this or- dinance. � + SECTION 274.03 GENERAL PROYISIONS GENERAL The fo7lowing provisions 214.031 - 214.033 shall apply in atl PR04ISIONS districts. All signs shall be constructed in such a manner and of i such material that they shall be safe and substantial, pravided that nothing in this Lhapter shall be interpreted as authorizing ' the erection or construction of any sign not now permissible under � �./� �C, hapteys 205 - 206, inclusive, of this Code. I .i`� -2�7 SIGNS PROHIBITED IN ALL DISTRIC75 . ; A. Permanent signs, other than govermnental si9ns, erected or SIGNS temporarily�placed within any street right-af-way ar upan PR�HIBITE� IN � any public easement• � � 6. Signs or wall graphfcs that contain words or pictures of o6scene, pornographic or immoral character. C. Signt painted directly on buildings (except information si9ns, containing rto advertising, may be painted directiy to the ex- terior building surface). D. Portable signs (except for those provided for under "Uses Per- mitted i� all Zoning"). E. Si9ns which resemble an official traffic sign or signal (ex- . cept directional signs on private property). � . � � i I 1 t � n I � ! i � i � � Ordinance No. 666 (Cont.) 163 � F. Signs whtich by reason of size, locatian, movement, content, caloring, or manner of iltumination, may be confused with a traffic controf sign, signal, or device, or the light of an emergency or road equipment vehicle> or wbich hide from view any traffic, street sign, signal or device.. G. Projecting signs. H. Motion signs. I. Illuminated sign which changes in either color or in inten- sity of liqht ar is animated, or has flashing or intermittent lights. J. Signs located withia corner setback requirements, Section 205.T54 (3). K. ilashing signs. L. Revolving beacons, zip flashers, and similar devices, ioc]uding aqy sources of light which change in intensiCy. 214.032 SIGNS PERMITTED IN ALL DISTRICiS A. Address signs: Each dwellin9, business, ar butlding must SIGNS PERMITTED have a minimum of one address sign, minimum of 3s�" high, IN ALL DISTRICTS ' maximum of 18" high, illuminated or reflective, attached to the dwelling and visible from public right-af-way. If the attached address sign cannot be visible from the putrlic right-of-way, the address must be either on the�curb or an ADORESS SIGNS the maitbax. B. Bench Signs: To b? peimitted only at bus stops; cannot be "any largar than, or extend beyond, any portion of the BENCH SIGNS bench. � C. United States Flag: Follow Title 36, Section 173-378 of UNITED STATES the United States Gode, StaYe Fla9, Corporate Flag. FLAG D. Directional Signs: (Public & Private) 7, Maximum four {q) square feet per facing. DIRECTIONAL SIGNS 2. Minimum ten (10) feet from street right-of-way. 3. Except that a sign directing the public to a hospita7 � may be a maximum of twenty-four (24) square feet in area. E. lnstitutional Signr. 7. Maximum twenty-four (24) square feet. INSTITUTIDNAL SIGNS 2. Minimum ten (10J feet from street right-of-way. 3. Except a hospital emergency sign �ihich is Tocated an the prcvnises may be ane hundred (100) square feet in area. F. Area Identification Signs: (see individuat district regulatiorts). fi. Standard Safety tdentification Signage as�used by public utilities, 8 hi9hway deDartments. H. Temporary Signs: 1. Gonstruction Stigns TEMFORARY . .. � . : . . � � �: �� S�IGNS . � �� a� Developments: Temporary construction signs��may be � �� I erected for the purpose of promoting a project of ten (10) or more residential dwelling units, ten (10) or rwre mobile homes, three (3J or more multiple dwellings, or a business. 1) Sign shall rwt exceed fifty (50) square feet in area. J 1 ( .` C. 9 164 Ordinaxe No. 666 (Cont.) 2) One (lj sign per street frontage. "j�� S � 3) Sign sha71 be removed when project is completed. � 4) Sign shall not 6e located closer than one hundred {100} feet to an existing building structure out- . side of the devetopment. � . b) Individual Lots or Buildings: 1) Sign sha71 rrot exceed six (6) square feet in area. 2) One (1) sign per street frontage. 3) Sign will be removed upan comoletion. 2. Rea1 Estate Signs REAL ES7ATE . � aj Developments: 7emporary real esWte signs may be erected5�� for the purpose of selting or promotin9�a project of five (5) or more residential dwelling units, ten (10} or more mobile hanes, three (3) or more multiple dwellings, or a business. � � I�- -------- - 1) Sign sbail not exceed fifty (5D) square feet in area. 2) One (1) sign per street frontage. 3) Sign shall be removed when projett is ninety-five {95J percent completed, sold or leased, 4) Sign shall rwt be located closer than one hundred .(100) feet to a� existirrg building structure outside of the development_ b) Projects of Less than Five {5) Individuat Lots or Boitdings: 1) Sign shall not exceed six (6) square feet in area. 2) One (1) siqn per 5treet frpntage. .� 3) Extra "open house" signs to be allowed only during day of open house. 4) Sign witt be removed r;thin five (5) days following sale or lease. . c) Vacancy Sig�rs � t) Maximwn six (6) square feet in area. 2) Minimum ten (10) feet from public right-of-way. 3. Political Sfgns POLITICAL a) Maximum size shall rrot exceed thirty-two (32) squareSIGNS feet. b) Si9ns sha11 be removed within five {5) days foltowing the election. c) q fifteen (S75) dollar deposit wi�17 be deposited with the City prior to the erection oF signs and retained until � the signs are removecl_ (f signs are not removed, the � deposit will be used to defray the cost of rer,wval, Any additional cost wil] be billed to the party posting the.origina7 deposit, � .. . . � . � . d] Any po7itical sign larger than three (3) square feet must be placed three (3) feet from pubiic right-of-way. i ' i � i { i ; i i t , 1 i � i I _� II i I i : ' i 165 Ordinance No. 666 (Cont.) l � 4. Garage or Rurtmage Sale Signs GARAGE OR RUMMAGE SALE a) Maximum size shall 6e three (3} square feet: SIGNS 6) Must be removed within three (3) days foitoHim} end of sale. 5. 8anners oc Pennants a) Banners or pennants commemorating a special event not connected with a business shatl 6e installed not more than twenty-five days (25 days) prior ta the event and removed within five (5) days following the event. b) Banners or pennants for businesses will be allowed for grand openings of business only far a ten-day maximum periad. SECTIOti 214.033 SIGNS ALLOWEO WITH SPELIAL USE PERMI7 SIGNS AILOWED Manual andJor automatic changeable signs rrould be � NITH SPECIAL aiTowed in a11� districts, except R-7, R-2, R-3 and R-4 USE PERMI7 Districts, and then anly Nith the issuance of a special use permit,�subject ta the following minimum conditions: 7. Specific zoning district requirements (Section 214.04 of this ordinance). 2. No traveling electronic message centers. 3. Electronic message centers not to chartge more than once `" every 15 minutes (only pe�mitted in specific zonings). SECTION 124.04 DISTRiCT REQUIREMEIiiS In addition to those signs permitted in all districts, OISTRICT the foilowing signs are permitted in each specific dis- REQUIREMEN75 trict and shalt be regulated as to size> location and character according to the requirements herein set forth. 21A.O41 SSZES SETBACKS AND OTHER REQUIREMENTS FOR R 1 R 2 AND R 2q R-1, R-2 & A. Area Identification Sign: R-2A REQUIRE- ' MENTS 1. One (1) sign per development. 2. Maximum size twenty-four (24) square feet. 3_ Minimum ten {�0) feet firom public right-of-way.� ' _ � 274.042 SIZES SET6ACKS�AND OTHER REQUIREMENTS FOR R 3 AND R 3A � R-3 AN� R-3A ' A. Area Identification Sign: REQUIREMENTS 7_ One (7) sign per developnent. 2. Maximum size twenty-four (24) square feet. - . 3. Minimum ten (10) feet from public right-of-way. 214.Q43 SIZES SETBACKS AN� QTHER REOUIREME4T5 FOR R 4 R-4 REQUIREMENTS A. Area Identification Sign: 1. One (1J sign�per developmeot. � .� . 2. �Maximum size twenty-four (24) squate feet. �� .- .� � � l' C I66 � � � � OrCSnance No. 666 (Cont.) 3. Minimum ten (10) feet from puhlic right-of-way. 214.044 SIZES SETBACKS AND OTHER REQUIREMENTS FOR CR-7 AND CR-2 - CR- AND CR-2 A. Area Identification� Sign: REQUIREMENTS 1. One (1} sign per development B. free Standing Signs: ). One (7) per street frantage 2. Maximum forty-eight (48) square feet per development. 3.� Maximum height six (6) feet a6ove finished ground�7eve1... . 4. Minimum ten (10) feet fram property line�except minimum � � of twenty-five (25) feet from: . - . . a) intersection of street right-of-way lines. b) front lot line when located within twenty-five (25) feet of a driveway. i i � , i' <c:✓ i � ! � C. Wall Signs: � 1. Wall sign area shall not exceed fiftean (IS) times tNe I square root of the wa71 length an which the sign is to ' be placed. � D. Parta-Panels: • 1. Ptay be used witb a permit issued by the Zoning A�ninistrator � for non-consecutive ten (10) day periods, limited to three (3) times per year per business. � SECTION 2i4.045 SIZES SETBACKS AND REQUIREMENTS fOR C-t AP�D C-2 C-1 AND C-2 REQUIREMENTS . A. Area Identification Sign: , 7. One (1) sign per development. � B. Free Standing Signs: L One (1) per street frontage. � 2. Maximum eighty (SOj square feet per development. 3. Maximum height twenty-five {25) �eet above finished ' ground leveL I 4. Minimum height�ten (10) feet from bottom of sign to finfshed � '� ground level within twenty-five (25) feet of a driveway, . and/or any intersection of street ri9ht-of-way lines. 5. ttinimum ten (10) feet fram property line ar driveway. � ; 6. Minimwn fifty (50} feet from R-1, R-2, R-3 or R-4 zoning � line. t. Roof Signr. 1. One (1) si9n per development. � � 2. The use of roof signs orill substitute for the permitted j free standing sign along the frontage it faces. � � � . - �3. Must be timited��to�use as�an�identification sign.�� rr�.�� . . . . . . . . . . . .. I . 4• Maxfmum eighty (SO) square feet per devetopm?nt. � ' D. Window Signs: '. 7. Forty (n0) percent of window area, exctuding merchandise. ' if — ---- ----- __..._... _ _ . .___ __ _ ' . L _--- __ - -- ----- - ---- --- ---- ------- — _ . . _ _-s�•+ � � f�� /y 1 i i i � I + i i i � f � I Ordinance No• 666 (Coa't.) l�`j'] E. Wall Signs: ' ' 1. Wall si9n area shall not exceed 15 times the square root of the wa}1 length on wbich the sign is to be placed. F. Gas Stations: ' 1. One gas price sign is ailawed in addition to one (17 permitted as � - an integrat part of�the identification sign. � � . G. Porta-Panelr. � L� May be used with a permit issued by the Zoning�Administrator for � ran-consecutive ten (10) day periads, limited to three (3) times per year per business. SECTION 214 046 SIZES SETBACKS ANO OTH'eR REQUIREMENTS f4R E-!5 AND L-25 C-7S AN� C-25 REQUIRE- A. Area Identification Sign: MEN75 1. One (1) area identification sign ailowed per development. 6. Free Standing Signr• 1, Une (1) sign per street frontage. � 2. Maximum eighty (8G) square feet per devetopment. .� 3. Maximum heigfit ri�enty-five (25) feet above finished ground leveL 4. Minimum heigfit ten (10) feet from bottom of sign to finished ground tevel within twenty-five (25) feet of u driveway and/or any intersection of street right-of-way lines. 5. Minil�m ten (]0) feet from any property line or driveway. 6. Minimum fifty (50) feet from R-1, R-2, R-3 or R-4 zonirg line. C. Roof Signs: 1. One (1) sign per-develapment. . � 2.- The use of roof signs will substitute for�the permitted free - standing sign along the frontage it faces. 3. Must be limited to use as an identification sign. 4. Maximum eighty (80) square feet per development. D. Window Sign: , 1. Forty (40) percent af window area, exctuding merchandise_ E. Wall Sign: 1., Wa71 sign area shall rat exceed IS times the square raot of the -� wa11 length on which the sign is to be placed. � - � � F. Porta-Panelr.� � . 7. May be used with a permit issued by the Zonin9 Administrator for non-cansecutive ten (10) day periods, limited to three (3) times per year per business. G. Billboards shall be permitted in only the C-2S, Ft-1 and M-2 �istricts. Tfie following conditions shall be cnnsidered as the minimum standards for billboards, but the City still may impose additional conditions: 7.� Maximum Height: 7wenty-five (25) feet above Tot grade, uniess the �� . � � sign is intended to-be viewed from�a hiqhoiay, therr the 25 foot � �� .� �maximum heiqht may be computed from�the centerline of-She traveled -. � �� highway, but in no case shall the veriical distance between�the bottom of the sign and the ground be reduced to tess than ten (10) feet. s � :� � C; � �.. � �� . �. Ordinance No. 666 {Con't.j . � .� . " ..- 2. Maximum Sign Area: Three hundred (300) feet oer facing and not to exceed two (2) facings on East River Road south of Interstate . � Highway 694, Trunk Highway 47 and Trunk�Nighway 65; 750 feet per facing and rrot to exceed two (2) facings on Interstate 694. pouble faced si9ns shall 6e attached back to back or back to �. . back at.a horizontal ang7e not to exceed�forty-five �(45) dearees. 3. Miniawm Distance Between Signs: One thousand (1,000) feet on the same side of the street righi-of-way. 4. Minimum Setback fran Street Right-of-way: Thirty (30) feet. 5. Distance from Street Intersxtions: Not closer than five hundred (500) feet to the intersection of any streets or highways Nhich intersect East River Road south of Interstate 694, Trunk � Nighway 47, Trunk Highway 65 or Interstate Highway 694, such . distance being measured from the intersection of street or highway centerline. 6. Proximity to Uses Permitted in Residential pre8s: Not claser tha� five hundred (5D0) feet to any residential district or any park or�playgrouM. 7. Sign Structure Specifications: The structure shail be a1T metal. The metal shall be either painted or treated to prevent deterioration. Lack of proper maintenance shall be cause for revocation of the sign permit. Maximum of three (3) vertical support structures. 8. Zoning and Lacation: Bi716oards shall be restricted ta C-25, ' H-1 and M-2 zoned parcels of property adjoining the rights-of-way of InterstaCe Hiahway 694, East 8iver Road south of.Interstate � � Highwdy 694, Trunk Hiqfn+ay 47 and Trunk Highway 65. � 9. Power Lines: As controlled by State and utility regulations. 10. �istance from P.ai]road Crossings: 350 feet when there are lights and gafe, 500 feet without lights and gate. 11.. Billbaard ligbtirg Hitl be effectively shielded so as to not impair visian ef any aperator oi a mator vefiicle. 214.047 SIZES, SETBAClS AND OTHER REQUIREt9ENTS FOR M 1 AND M 2 M-1 AND A. Free Standing Sign: M-2 REWIREMENTS 1. One (1) free standirn� sign per building or muttiple use 6uilding 2. Maximum eighty (80) square feet per development. 3. Maximum height twenty-five (25) feet froar finished gruund tevel. 4. MinTmum height ten (10) feet from 6ottam of sign to finished ground Ievel within Ywenty-five (25) feet of a driveway and/or �� intersection of street right-of-Hay Sines.. � 5. Minimum fifty {50) feet from R-1, R-2, R-3 or R-4 zoning 19nes. IB.. 4ta11 Sign: � 1. Maximum two (2) wall signs per business allowed on different walis � T. kalt sfgn area sAall not exceed 15 times tfie square root of the � Wall leAgth on which the sign is to be placed. C. Roof Signs: 1. One (1) sign per development. 2. The use of roof signs will substitute for the permitted free � . standing sign a}ong the frontage it faces. � �� 3. Must 6e timited to use as ad identification sign. 4. Maximum eighty (80) square-feet per development. I t �, �.. �.a'� .' I ; i ; ; i i , i i i i ' . £� � /� � i � urair.ance no. b5b (con't,) 0 D. Porta-Panels: 1. May be used with a permit issued by the Zoning Administrator for non-cansecutive ten (10) day periods, limited to three (3) times per year per business. E. Billboards shall be permitted in only the C-25, M-1 and M-2 Districts. The foliowing conditions shall be considered as the minimum standards for billboards, but the City still may impose additional�conditions: - 1. Maximum Height: Twenty-five (25) feet above lot grade, unless the sign is intended to be viewed from a highway, then the 25 foot � maximum height may be canputed from the centerline of tfie traveled highway, but in no case shall the vertical distance between the bottom of the sign and the graund be reduced to less than ten (10) feet. l69 2. Maximum Sign Area: Three hundred (300) feet per facing and not to � exceed two (2) facings 6n East River Road south of Interstate ' Highway 694, Trunk Highway 47 and Trunk Highway 65; 750 feet per � facing and not to exceed twa (2) facings on Interstate 694. Double faced signs shal] be attacfied back to back or back to back at a horizantal angle not to exceed farty-five (45) degrees. 3. Minimum Distance Between Signs: Uae thousand (1,000) feet on the same side of the street right-of-way. � 4. Minimum Setback fran Street Right-of-way: Thirty (30) feet. 5. Distance from Street Intersections: Not closer than five hundred (500} feet to the intersection of any streets or highways which intersect East River Road south of Interstate 694, 7runk Nighway --- 47, Trunk Highway 65 or Interstate Highway 694, such distance being measured from the intersection of street or highway center}�ne. 6. Proximity to Uses Permitted in Residential Areas: Nat closer fhan five hundred (SDOj fest to any residential district or any park or playground. 7. Sign Structure Specifications: The strudure shall be all metal. The metal shall be either painted ar treated to prevent deterioration. Lack of proper maintenance shall be cause far revocation of the sign permit. Maximum of three (3).vertical support structures. �. 8. Zoning and Location: Bi116oards shall be restricted to C-2S, M-1 and M-2 zoned parcels of praperty adjoining the rights-oF-way of Interstate Highway 694, East River Road soutn of Interstate Highway 694, Trunk Highway 47 and Trunk Highway 65. 9• Power Lines: As controlled by State and utility regulations. 10. Distance from Railroad Crossings: 350 feet when there are lights � .. and gate, 500 feet without tights aM gate. 71. Bi716oard lighting wi11 be effectively shielded so as to nat � impair vision of any operator of a motor vehicle.� .� SECTION�214.049.�P AND PD �I57RICTS . � P pND P� . �� Sign requirements in P artd PO areas woutd be controlled by the�City � DISTRICTS . , .COUncil when the devetopment is planned. �� . � SECTION 214.049 SHOPPING CEMER/MULiIPLE USE BUIL�IN6S SHOPPIRG a. Nithin one hundred eighty days (180) of the adoption of MULTIPLEAUSE � this chapter, all owners af shopping centers and multiple use Bl1ILDINGS � buildings of three or more businesses, must submit a comprehensive � sign plan for their center or building to the City Council.for approval. � � � B. Atl future permits within the shopping center and multiple use � building areas shall conform to the conditions of Lbe sign plan - I� � � and may 6e subject to conditions-other tban�those�in tfie-district�� :regulations in order to promote a uniform combination of sign. �- -- � . _._ .w _.�_ � � -___- ^ .:. � 17� Ordinance No. 666 (ton't.j � ` . � SECTION 214.05 GENERAL REQUIREIAENTS GENERAL ' A. Permits: REQUIREMENTS ! � �r : � 7. Before a sign may be displayed in the City of Fridley, the mrner 2 3, 4. or )essee of the premises on which tke sign is located sbalt file application with the City Zoning Administrator for permission jo display such sign. Permits are required:for all existirg, new, relocated, modified or redesiqned signs exaept those specifically exempt under Section 214.05 A, 4. The issuance of a permit may also be subject to additional conditions in order to pramote a mare�reasonable combination of signs and to prortwte conformity with the character artd uses of adjoining property. The co�ditions will be subject to the discretion of the Zonin9 Administrator. Objections W the condttions can be appealed to the City Council by the appticant. Temporary signs erected by a non-profit organization are not exempt from obtaining a permit for signs, but the City may waive the fee requirement. Fb permit is required under this section far the following signs: a} Windrnv sign. b) Address sign. c) Signs erected Dy a gov,errmenWl unit or public school distrfct. d) United States Flag. e) Bench signs. f) Memorial signs or tablets containing the names of the building, its use and date of erection, when cut ar built into the walls of the building. g) Signs which are canpletely within a building and are not visible from the outside of said building. hj Temporary signs {Z�4.032, H}. i� Stgrr> having an area of three (3} square feet or less. �� Appli'qation: PERMIT �� APPLICA7ION �� 1. 0.pplication for permits shall be made to�the Zoning Administrator. �p 2. If a si @n authorized by permit has not been installed within ninety (90j days after the date of issuance of said permit, the permit shall become null and void unless an extension is granted by the Bui]ding Inspection Department. 3. The Zoning Administrator may require other infarmation concerning safety. � � ' C. Fees: FEES �I •k i ��! - �� Permit fees and expiration dates shall�be as provided�in Chapter 11-�� of the Fridley Lity Code. _( D. License, Fees, Bond: .� LICENSE, fEES, 80N9 � ��. � � � . .. - t j : � � No person, firm or corporation shall ea9age in the business of erecting signs under this chapter unless licenses to do so are approved by the Louncil. Such ticense may 6e granted by the City Counci} after written application to the City Clerk. The annual license fee and expiration date shall be as � provided in Chapter ll oF the Fridley City Code. tM license shall take � effect until the licensee shall file vri�th the City Clerk a corporate surety bond in the sum of 51,000 and conditioned that the licensee shall conform �to all the provisions of -this chapter artd indemnify and hald the City, its officers and agents, harmless from any damage or claim resulting from, � i tl � � � a t I I � � � r Ordinance No. 666 (Con't.) f+� or related to the erection or maintenance of any si9n in the City, by the licensee. A license and bond shalt not be required of any applicant who is not engaged in the 6usiness of erectirtg sigrts, wta chooses to � �� construct and erect�tfieir own sign on their own praperty. . E. Exemptions: � � . � � -E%EMPTIONS The exemptions permitted tiy Section 214.05, A, 4, shall apply only .to the reqeirement of a permit and/or fee, and sball not be construed as relievirg the installer of the sign, or the owner of the property on which the sign is located, from conforming with the other provisions of this chapter. I71 F. Maintenance: MqINTENANCE 1. TAe surface a�d structure of all signs shall be maintained in a safe, presenta6le, good structural materia7 condition at aTT times, irKluding -replacement of defective parts, painting, repainting, � cleaning and ather acts required to prevent the sign structure . and surface frpm becoming hazardous or urtkempt in appearance. 2. When aqy sign for which a permit is required is removed, the 2oning Administrator shall be notified and the entire sign and - its components shall be removed. � G. Existing Signs: EXISTING SIGNS 1. Signs Eligible for "Legal Non-conforming" SWtus. a) Any sign tocated within the tity limits on the date of - � adoption of this ardinance which does not conform with the � provisions of this ordinance, is eligible as a"legal _ non-conforming" sign and is permitted, pravided it also meets the foliowing requirenents: 1) The sign was covered by a sign permit on the date of the adoption of this ordinance if one was required under applicable law, or 2) If no sign permit was required under applicable Taw for the sign in question, the sign was in all respects in cortqiliance with applicable law on the date of the adoption of this ordinance. 2. Loss of Legal Non-confa�ming SWtur. a) A legal non-ronforming sign shall i�nediately }ose its legal nomconforming designation, if: � � � � 1) The sign is altered in arry way in structure (except for rwrmal maintenance and change of inessages) which makes the sign less in compliance with the requirements of this ordinance than it was before the alterations; or 2) The sign is relocated; or 3J The sign is replaced; or . 4) The sign becomes dilapidated or dama9ed, and the cost of � � bringing said si9n into compliance is more than 50% of the i economic value of said sign> then the remainder of the i . sign is. to be removed. . . . . . ! � 3, Abandoned Signr. .�� Except as otherwise provided in this ordinance,�any sign�which . �� identifies a business that has-stopped operatiort for a��period oF: . '�. �three.months or more, or any sign which pertains�.to a time, event,�� . i ��or purpose�which no�longer applies� sh it b d ed s a e ean to have been abantloned. Permanent sig�s applicable to a tiusiness temporarily �' . suspe�Led because of a change of ownership,�or management of such .�� I� a business, shall not be deemed abandoned unless the property remains � vacant for a period of three months or more. An abandoned sign is � prohibited and shall 6e removed by the owner of the sign or the owner of the premises. - } 9 i, / 1 � � : 4 / � 172 � Ordinance No. 666 (COn't.) --�`—a-y--��J � � -1� SECTION 214.06 ENFORCEMENT A B. ENFORCEMENT Zoning Administrator Responsible: t. The Zaning Administrator or agents shalT be responsible for the enforcement of this chapter. Yiolations of Code: 7. Any sign that does not comply with the provisions of this chapter 2. A sign that is a hazard to the safety and welfare of the public. C. Notificatio� of Violation of Code: 1. If the Zoning Administrator or agents, shall find that any si9n regulated by this chapter is unsafe, insecure, or is a menace to the public; or has been constructed or erected without a pemit first being granted to the owner of the property upon which said sign has been erected, or is in violation of any other provision of this chapter, said Administrator�shall give written notice by certified mail, retorn receipt requested, of such violation of the.owner and/or permit holder thereof. If the owner fails to remove or alfer the sign so as to comply with-the provisions set forth in this chapter within twenty (20) calendar days � fo}lowing receipt of said notice> such signs may be removed by the City. The cost of this removal, including City exoenses, shall be as a special assessment against the property upon which the sign is located and shali be so noted in the written notice to the owner and/or permit holder. . 2. The Zoning Administratar or agents may cause any sign or other advertising ;tructure which is an immediate public hazard to be rerAVed summarily after a reasonabte atterpt has b2en made to have the owner and/or permit holder remove the sign immediately. 3. When the City sends the notice of violation, they will Send a copy to both the permit holder and the landowner, if they are different. D. Penalty for Yiotation of Code: 1. Aqy violation of this chapter is a misdemeanor and is su6ject to all penalties provided for such viotations under *_he provisions of Chapter 901 of the Fridley City Code. Eacfi day ihe violation continues in existence shall be deemed a separate vio}ation. All signs are subject to such penalty for yiolation of the requirements of the district within wh?ch they are located, even though they may not be required by this chapter to pay a fee or acquire a perm9t. E. Appeals: To provide for a reasonable interpretation of the provisions of this chapter, a permit applicant who wishes to appeal an interpretation by the Zoning Administrator may file a notice of appeals with the Zonin9 AdminisYrator and request a hearing befare the Appeals Commission. 7he Co�ission shall hear appeaTs and/or requests and make their recortvnendation to the City Louncil in the�fotlowing cases: . � � . � 1. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made hy the administrative officer in the enforcement of this chapter. 2. Requests for variances from the literal provisions of this thapter in instances where there strict enforcement wouTd cause an undue hardship. ..�� . Before the Corrsnission shall grant a variance, it�is the responsibility � of the applicant to prove: ' � �� 1. That there are exceptional or.extraordinary ci�rcumstances -�� applica6le to the property�or�to the intended use that�do not � apply generally to other property in the same vicinity and zoning district; ! �� 1 i e i ;, . � � . � f j _ �� Ordinance No. 666 (Con't) 2. That the variance is necessary far the preservation and enjoyment of a substantial property right possessed 6y other property in � the same vicinity and zone; but which is denied to the property in question; 3. That the strict application of the ordinance would constitute unnecessary bardship; and 4. That the grantin9 of the variance vrould noY be materially detrimental to the public welfare or injurious to the property � or improvements irt such vicinity or zone in which the property is lotated. SECTIOt{ 214,Q7 REPEA� � � . . � � � RfDFAL Chapter 27A of the Fridley City Code as it existed prior to the adoption of this ordinance is hereb.y repealed. .� � .. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIOLEY THIS 215T DAY OF NOVEMBER, 1977. ATTEST: - CITY CLERK - MARVIN C. BRUNSELL ` i ; first Reading: November 7, 1977 Second Reading: November 21, 1977 Publish.......: Novemher 30, 1977 i i i. � , I i 1 �, - L J. N 173 � I C _ w. —_ __ -- - - _-------_---------------�------ --- 'ir' �_'__'�.. i ; � ! � E I � i _ i � � J . ' , i i I � � R � i , 179 LODE - Section 214.05 ORDIIJANCE N0. 672 AN ORDINANCE AMENDING CHAPTER 214, SIGNS; SECTION 214.05, A, 4, BY . �.L AODING SUBSEC7ION (j) . � � The Gity Louncii of the City of Fridley does ordain as followr. Section 274.05, A, 4 i�s hereby amenCed by adding the following: � . j) Advertising signs on litter receptacles having an area of four (4) square feet or less per side and limited to sixteen (16) square feet per receptacle except that in all cases aQproval of design and location of receptacle is�required by the City �CounciL � ADOPTED BY THE CITY COUNCiI OF THE CITY OF�FRIDLEY THIS 6TH DAY - OF HARCH, 7978 MAYOR - ILLIAM . NEE � ATTESL• CIT CIERK - MARVIN C. BRUNSELL First Reading : February 27, 1978 Sxond Reading: MarcA 6, 1978 Publish.......: Marth 15, 1978 170A I i � ( i HUMAN RESOURCES COMMISSION MEETING SEPTEMBER 7, 1978 MED�ERS PRESENT: Ned Storla, Mary van Dan, David Thiele MEMBERS ABSENT: Mary Jo Dobson, Marlyis Carpenter OTHERS PRESENT; Peter Fleming, Administraeive Assistant Betty Christlieb, Housing Specialist Patty Walstead, Canadian Financial Corporation Robert Walstead, Canadian Financial Corporation Mr. & Mrs. Ken Hentges, 4150 Monroe St. N.E., Columbia Heights Larry Dobson, Tenant/Land�,ord Project Committee Chairperson Peter Treuenfels, 5460 7th St. N.E. CALL TO ORDER: Chairperson Storla called the meeting to order at 6:05 p.m. t�iPPP.OVAL OF AUGUST 3, 1978, tIUD1AN REuOURCES C0��IISSION AiINU!`iS; MOTION by Mary v1n Daa, seconded Uy David Thiele, to apnrove the August 3, 1978, Human Resources Coc�missi�n �inutes as written. Upon a voice vote, all voting aye, Ehairperson Storla declared the motion carried uaanimously. APPROVAL OF AGENDA: N.OTION by David Thiele, seconded by Mary van Dan, to have ttie "Presenta- tion of the Village Green Management P1an" as the first item on the agenda, Upon a voice vote, all voting aye, .Chairperson Storla declared the motion carried unanimously. 1, PRESENTATION OF VILLAGE GREEN MANAGEMENT PLAN: Mr. Walstead stated that he was the Property Manager for Canadian Financial Corporation. Canadian Financial Corporation was the developer and would be the management agent for the property. Mr. Walstead stated that a very brief history and 3escription of where they would be going from here might be the most appropriate way to start. He stated that the development process and the management process kind of blended together at this poiiit. He stated they had a large number of people on the interested list for each side of the property. � i, i! ti. HUMAN RESOURC�S COMMISSION MEETING SEPTEMBER 7, 197_8 ___- PAGE 2 Mr. Walstead seated that their current schedule was subject to revision by major unions and one minor union. The consl-ruction tum-over should begin on the family side of the development first, because the masonry took more work and more time; but they should get their initial uniCs ready for occupancy by the first of October. This could very well become the first of February. The only thing that would do that would be problems with labor and/or materials. He stated they did not foresee ,that, but it did act as an inhibiting factor when it came to making residential selection. Mr. Walstead stated that the Management Plan was their agreement with the City of Fridley, and that agreement concept had been developed in Golden Valley and taas a new concept to the industry. One of the reasons they wanted to do this, to a large degree, was that they fel[ the city had to be a partner in the undertaking in order to make it succeed. In Golden Valley, the company originally had resisted that kind of approach, and then had discovered that the city had ideas that were very beneficial to the operation and development and that the city had an awful lot of resburces not available to the developer or management agent to act, in some cases, as an intermediary between the development and outside groups to the residents in the complex. It was more important in the beginning as the complex began to settle in and the seniors in the complex began to develop a list of the needs they had. He sEated that the City of Fridley did aot have any other man�±gement plans kith any other development. Mr. Walstead stated that in return for the city's permission to build in the city and develop a residential housing complex, they also thought ±t appropriate to give the city some guarantees to malce Che city feel more secure about subsidized housing in the city. Their kind of subsidized housing had existed in Golden Valley now for three years. The people living around the area,wl� were scared to death when they first broke ground,were now very friendly. The crime wave the people had e�;pected had not materialized, and the appearance was good. He stated that they had developed a Management Plan that assured they would not he under- staffed, Ehe maintenance would not be deferred, and that they would never become an eyesore to the city. Basically, that was the reason for the document. Mr. Walstead stated that it was his understanding that the Management Plan went to the Human Resources Coamiission and the Community Develop- ment Commission, then to Planning Commission, and then to City Councit for final approvaL He stated they were in step �kl of this process-- actually step �k2--because the city staff had reviewed the plan and had made changes the staff felt were appropriate. He stated that Canadian Finaacial Corporation had agreed to many of those changes. He stated they felt the document was more than acceptable and they were happy to sign it. HUMAN RGSOURCES COMMISSION MESTING SEPTEMBBR 7 1978 PAGE 3 Mr. Storla stated that when the commissions`toured Dover Hills in Golden Valley the previous year� they had all been impressed with a11 the aspects. He stated that whaC Mr. Walstead said about the complex being clean and aCl-ractive was true. Mr'. Storla stated he had a question regarding tornado procedure. He re£erenced the last sentence under No. 1 on page 32: "There will Ue designated spotters wUo wi11 then proceed to points outside of the building to watch for a funnel cloud," He did not see the value of having spotters. Mr. Walstead sCated it was his understanding Chat this section of the documenC was developed by eke Golden Va11ey city staff and the Depart- ment of Public SafeCy. Ms. Walstead stated that all of the fire procedures and severe storm procedures had all been reviewed by the fire marshaZl in the City of Fridley, and this was what was wanted. Mr; 5torla stated thaC if a funnet cloud was spotted, where would the senior citizens be evacuated to? Mai Walstead stated thaC they would sit down with the person in charge of'each complex and review the floor plan for the first floor. The people in charge once the building was open would be told where the desi�aated areas were. She stated the seniors would Le brought tu the first floor--in rooens with no glz�s, in closet, at the far end nf tlie apartment, in hail��ays on the floor, and in some ccmmuniCy arezs where there was the least amounx of glass. Ms. WalsCead stated that portion of the document was the Resident Aand- book given to a11 the residents. They would go through it with the residents as they moved in. In case of severe weather, they could go back to the handbook to see what should be done. Ms: van Dan stated she saw a possible conflict of interest in the Human Resources Commission's Memorandum o£ Agreement with 1:he State Human RighCS Depaztment and beiiig on the initiaL Resident Selection Coumiittee. She stated the reason was thaC they would have one cummission member working wiCh the Memorandum of Agreement with possible human Yights discriminaCions. They would have a commission member involved in.the Resident Selection Committee, and she believed that in uection 8, if a person was denied acceptance, that person could come to the Human Resources Cemwission to make a complaint of discrimination. Mr. Dobson sCated that in the event of a conflict because of discrimina- Cion, even with the Memorandum of Agreement in e:fect, this Co�ission could pass the canplaint on to ths State Auman Rights Department to 6e handled. � HUMAN RESOURCES COMMISSION ML'ETING, SEPTEMBER 7, 1978 __;__ pAGE 4 Mr. Walstead stated that he thought the Commission would Eind that, typicalLy, a person who felt discriminated against would go the State Human Rights Department anyway. That had been his experience. Ms, van Dan asked what happened when the family size increased beyond the guidelines? Mr. Walseead stated that if the family size increased to the point where the unit was not the appropriate size, then that family would be the first people on the-waiting list for the next two-or three- bedropm unit that was available. If the family size went to seven in a three-bedroom, that was a situation that had never come up, but it could conceivably happen. .They were bound by Federal re$u]ations, and if the situation was such that the anit was still appropriate by some arrangement, what they would probably do woutd be to ask the Minnesota Housing Finance Agency (MHFA) for a ruling, the MHFA would ask flUD for a ru2ing, and HCJD would make the final ruling. Ms. van Dan stated she would hate to see a family not be able to remain in the complex if their family size increased. Her concern was that they get preference when going to a two-bedroom or a three-bedroom unit. Ms. c�an Dan stated that 'since slie worked with elderly people, she was concerned about Che thermosEat settings recommended o�z page 24 of tfie Handbook. Mr, Walstead stated that the units in the yenioss' building had indivi3ual controls such that:they had a choice fxom 1 to S--S being wide open aizd 1 being restrictive. They did not adjust the heating from a central , location for the residents. Ms. Walstead stated that the Resident Handbook had been put together for two reasons: (1),for the xesidents; and (2) at the request of the t�II�F'A as part of their request for the Management P1an. .One of the [hings MHFA xequested in the Aandbook was: What are you telling youx residents about the recoumiended conservation ot resources? She stated these were recommended guidelines and, in most cases, were not really onces that could be'enforced. Mr. Storla stated that the Commission was being asked to.elect a member to be on the Init3al Resident Selection CommitCee. He asked what the difference was between the Initial Residene Selection Conimittee and the Leasing-TeamT They seemed like the same job. Ms. Walstead stated that the Leasing Team would be doing the actuat office work, showing the apartments, taking applications, doing a11 the credit checks, verification paperwork that qualified applicants, etc. The Resident Selection Committee would then review those applications that qualified and would try to select the residents Chat wonZd best be served by this type oF housing. HUMAN RIiS0i3RCES COMMISSI6N MGETING SEPTEMBER 7 1978 - PAGE 5 Mr. Stnrla asked how long the Resident Selection Committee would last. Mr. Walstead stated that there would be two times when it would be a little intensive for the committee. That would be when the family side of the develop opened up and when the senior side o£ the development opened up.: He stated they would be screening the resident applicants, and in the early-on process would eliminate people who had skipped from apartment Co apartment, left without paying rent, eCc. He stated they might end up with a possible 300 applications. Of those 300 applications, 300 would qualify. The question was then who got in first. The Initial Resident Selection Committee would have to make thaC determination. Mr. Walstead stated they would accomplish a racial mix. They wouid meet the Affixmative Action guidelines as mandated by law. Mr. Dobson stated that it was his concern that a lar.ge c onplex like this could change the demographics of the community. He felt the first prioYity fox renCal should be to Rxidley. There was a need fox family housing in the city, and he would like to see the city have first pri.oriCy. Mr. Walstead staCed he agreed, and that was une of the reasons why the Initial Resident Selection Committee existed. It allowed them to do thaC coith Afiirmative Action goals. That commi.ttee really had a lot pi responsi- bility £or the demographics. of the complea. He was sure r.here would be, before Lhe thing was completed, infarmal guidelines as to o�hat criteria the committee felt were most important. That was why they want'ed some- one from the Human Resources Commission on that coavnitL-ee. Mr. Storla stated that he had read in the AttachmenC �k2 where preference would be given to men in the seniors' building. Mr. Walstead stated that Chey would find that in people over 65, one out of 11 surviving spouses was male, It would be very easy in residential selection to get a building completely occupied by widows. He stated that Dover Hil1 in Golden,Valley had 122 units, and they had managed to get about 14 men. It was a much better ratio than they would have had if they had not selected in favor of inen. MOTION by David Thiele, seconded by Mary van Dan, to appoint Mary van Dan to the Initial Besident Selection Committee. Upon a voice vote, all voting aye, Cha$sm.7n Storla.zlec�er�d Lhe.motion carried unanimously. MOTION by Mary van Dan, seconded by David Thiele,; that the Human Resources Commissionsecoecm�end to Planning-0ommission the-endorsement of the concept of the Village Green Management Plan without any changes as presented by the Canadian.Financial Corporation at the September Commission meeting. Upon a voi¢e vote, all voting aye, Chairman Storla deelared,the motion carried unanimously. HUMe1N RESOURCES COMM"tSSION MEET.TNG SEPTEMHCR 7, 1978 - _PAGE_6 ' Ms. Walstead stated that if the two commission members not present at the meeting had any questions, they could contact her at 544-6492. Mr. Storla thanked Mr. Walstead and Ms. Walstead for coming.befare the commission. ' 2. DISCUSS MEMORAI�iDUM OF AGREEMENT: Mr. Storla stated that the Minnesota Human Rights Department had worked up a full memorandum far the Commission, but>he had been unable to get it that day. He stated that the Co�ission might want to call a special meeting to discuss the Memorandum of Agreement. Mr. Storla stated that he and Ms. van Dan had drawn up a possible procedure on how the Memorandum of Agreement could be handled: The Complainant calls the City. The secretary or receptionist gives the complainant the name of the chairperson of the Human Resources Commission. The complainant calls the chair- pezson of the Human Resources Commission. The chairperson gives the complainant the name of the Intake Officer(which would be a rotating position). If the Intake Officer was someone other than the chairperson, then the Compiainant would call that person, Ttie Intake Officer, first of all,'sets up a meeting ' with the Complainant for the filling out of forms and also the days that the Complainant would,be iree tu meet, stressing that the meeting be at the next Human Resources Commission meeL'ing, if at aIl possible. Then, the Intake, Otficer would ca11 the person in the Minnesota Human Rights Department and the defendant, get- the times they are available, and then call the £ive commission members. If three commission members are available and the Intake Officer, some one from the Minnesota Human Rights Depart- ment, the defendant; and the complainant, all have to be' available for one meeting. If possible for that to happea within the next 30 days, they would do so, If it was not possible, then it would go to the Human Rights Department. Mr. Dobson stated there were two changes he would make to that process: 1. .W'hen the complainant contacted the city, he would'suggest that the city take the name and phone number of the person, contact the chairperson of the Human Resources Commission, ' attd give the chairperson that information or find ouC who the Intake OEficer was, and have the Intake Officer contact the complainanC. The reason for this was that when a person had a problem,`that person would try to get it solved, If thaC person had eo make more than three,calls, he would probably decide to forget it. HUMAti R�SOURGES GOMMISSION MEETING SEPTEMBER 7 1975 - PAGE 7 2. Wlien setting up the time, the Human Resources Coumiission could set a hearing date, and it was the responsibility of both parties to be there. He though*_ that it was important for the Commission to make thae decision. If the defendank did not want to come, he could be subpoenaed by Che MinnesoCa Human Rights Department. He had the choice of going before the Cou�ission or the Minnesota Human Rights Department. Prohably the best way to handle it would be to have the meeting on the regular Commission meeting dates. Ms, van Dan clarified the procedure: The complainant calls city hall; city ha11 ca11s the chairpexson of the Human Resources Commission and the chairperson informs the intake officer. The intake officer recontacts the complainant, collects a11 the data, sends all the data to the Human Resources Commission and informs the pexson at tiiae time that the next Commission meeting date would be the hearing date. MOTION by Mary van Dan, seconded by David Thiele, Co continue further discussion on the M�morandum of Agreement and to have a special meeting be£ore the next regularly scheduled meeting to review the expanded Memorandum of Agreement. Upon a voice vote,a�l voting�aye; CYia3rman Storla d'eclared the motion carried un2nimously. PSr. Storla �t-ated he would call tfie memi7e�:s and set up 3'&pecial �neeting. OTHER BUSINESS: Mr. Hentges stated he was at the Cormni.ssion meeting to inforui th2 Commission about how his k�i.fe was 33.scriminated against at Wickes Furniture 3n Fridley. H e stated that, just recently, liis wife had applied for and gotten crediC to buy iurniture at Montgomery Wards with no pxoblem. When she tried to buy furniture and get credit at Wickes Rurniture, she was turned down. Their reason was that she was not the head of the household and did not have a job. ThFy saiJ it was [heir policy. He staCed that he and his wife shazed the duty as head o£ the household an¢ his complainC was thaC she was an eligible as anyone else to open an account. It was discrimination under state Law and under the Civil Rights Act of 1964 that a woman was as eligible as any man. He stated that Chey would be taking this to the Columbia Human Rights Coam�ission, but wanted to inform Che Fridley Human Resources Cormnission, because Wickes Furniture was in Fridley, and it should be a concern of the commission. Mr. Storla stated that right now Che Human Resources Ccw�mission had no relaeionship with the State Human Rights 0ommission. They were trying to estahlish one so that when problems such as this came up, they could investigate on 6ehalf of the Minnesota Human Rights Commission. At this time, they really did not ha�e the power through the city and, hopefully, wiChin a month, they would he abLe to have the power to investigate, Right now Che Commission was just an advisory commission. HUMAN RESOURCES COMMISSION ME�TING SEPTEMBER 7, 1978 __ - PAGE 8 Ms. van,Dan staCed that she would be interested in finding out if there actually were written policies for these companies and if there was any di£ference in policies from other companies. Thexe must be something the Commission could do. Mrs. Hentges stated that they would be interested in some communication from the Human Resources Commission on wilat was done. MOTION by David Thiele, seconded by Mary van Dan, to check into the situation regarding Wickes Furniture and txy to get more facts, specifically the criteria used for assessing the eligibility for credit purchasing. Upon,a voice vote, a11 voting aye, Chair�,eTsaon Storla declared th� motion carried unanimously. Mr. Storla thanked Mr. and Mrs. Hen[ges for bringing this before the Commission. MOTION by Mary van Dan, seconded by David ThieZe, to make the following change to the Ju1y 6, 1978, Human Resources Commission minutes: Page 4, para.graph 4, sentence 6, shouZd read: "He (Mr. Scott) felt the Commission should not ignore sociaZ injustices; they could do a disservice to the community." IIFan a voice vote, all voting aye, "C;hairperson S.terla declared the motiou carried unani.mously. ADJOURNr�NT: MOTION by David Thiele, seconded by Marq van Dan, to adjourn the meeting. Ugon a voice vote= a11 voting aye, Chairp'erson-StorZa declared tHe Human Resources Commission meeting of September 7, 1978 adjourned at 7:25 P.M. Respectfully submitted, / , � _ Lynn Saba Recording Secretary CIT7C 0�+ FRIDLBY �, i - - �i , ri° a�• � : 1: CAIS. TO �: Chsfracm�a Scbnab�l callod the 8eptember 19s 1978� APP�g Comsiasion Mestic� to order st 7:35 P.n• ROIS. CALL: Membere Piroeent: Ms. Schasbel� Mr. Kmper, Ma. Gsbel, blr. Barna Meabsrs Ab�e�: dkhera Pres�mt: Mr. Pl�l C�yde Moravetz, Sn8#aeerini Aide /Adm. APPRO'VE APP�AL3 COIaiE98I0N MINtIPEB �' AUGfT9P 15i _ 1978 MOTI011 by Mr. Re�ap�r� seca�ded by Ms. Gabel to apprav� th� AuQuet 15, 1978s A�a Ca�issi��aiaextes �s written. Its. Gabel stated tbat on poBe 8, Yourth P+r+�aDh Yrea th� end� she ia quot�d ss atsting "a ra�blsr vould fit better". Sa�eme eles s�de thia cament, axd her reP7,Y v�e �"ve vere not in the bueinese of dssi�ting housee". UFOii A VOICE VOR�, ALL VOTING AYE� CHAIRWOMAA SCHL�iABBL I�CI.AR� TF� bI�IQN TO ppPROVB THE AUGU9P 15� 1978.� APPEAIS'i COhA1:C33I0N MINf71'FS� WITH A CORRF7CTIOA� IA�kN7,M0�,lC CARRIED. _ 1. blOTIOA by i1r. B�raa� secaode3 b�r Mr. Kem?�r, to opea the Pui�lic hearing. UPOR A YOICE VOTE� AI.L VOTING AYE� CHA1Rfi�Q►N SCffiiABEf, DDCLARID THS I�TI�f TO OPPN T� PUBLIC �ARIl� AT 7:40 p.m.� CARRISD IJ1iANIMO[79LY. Ms. 3chnabel asT�ed if �lr. McCmville vae present. Mr. t4eCamv111e aclmwledged he w�s snd Ms. 3chnabel askcd hi� to step forxard. Ms. Schnsbei read the Adsinietr+�tive Staft Report as follows: ADMINISTRATIVE S7AFF REPORT 1588 Gardena Avenue N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: 205.053 (4A} FRONT YARD SETBACK OF NOT LESS THAN 35 FEET Public purpose served by this requirement is to allow for off-street parking without encroaching on the public right of way and also for aesthetic consideration to reduce the "bui7ding line of sight" encroachment into the neighbor's front yard. 1� ApPEALS COd�.isslOR �TING, S�F�t 19, 1978 PAGE 2 LI�I Public purpose served by this requirement is to provide space betweea individual structures to reduce conflagration of fire, to provide access to the rear yard for emergencies and to timit the condition - of crowding in the residential neighborhood. B. STATEO HARDSNIPs 7wo roofs aver front autside entrance stairs drip ice in winter creating a serious hazard. This will be eliminated by extending roof over the :stairs. During heavy raio a large amount of water runs down the driveway which is 7 inches lower than the road. The water runs through cracks in the floor into the basement level. The head room on the garage door is less than the height of our van. A stall for the van can be created west of the existing garage if the required side yard can be reduced to 3 feet. C. AD4NTNISTRATIVE STAFF REYIESd: Field measurements show that the house is setback approximately 45 feet from the curb with a 10 foot boulevard in this area. The attached verifying survey shows the exact location of house and approved additiom requiring yariances. The house to the East is setback at 47.15 ft. The lot to�.the West is vacant. The petitioner intends to add on to an existing tuck under garage by adding to the front and sides. Please refer to the aerial photos for an overall view. Ms. 3chnRbel asked Mr. MeCo�nville to explain vhat he intended to do. Ms. Schnabel etatad tbat %he Comdssi+an has a survCy �rith colorings, • photograph oi Mr. Aic�a�vi.11e'a property and a copy af the piane. Me. Sehnabel Rsked ASr. McConville to explain theee iteme. ' Mr. McC�ville ststed that baeically, he is trying to eliminate two seriosis diificultiee and provide ao�qe coaveniencen in the process. The major difiicvlties are: 1. The drive�r draina'into the garage. To'alleviate this probiex� l�k�. D�Comvil3.a built a dam across the garage, and now the garage is aot nseable. 2. The eecond probl� oecura in the winter. There are two roofs aad bath af them drip ice on the ataira, creating a hazzard. 3. The hmuse l�as hat vater heat and the aecond floor exte�s eight inchea to a foot beyoad the face of the garage a� that is where the hot ►ratar , is carried, the beginuiug of the run yet. So the rrater chills before it caa heat the honae. EneZosing that vottl.d be beaeficial for eaerg� re+�sona. �: �-: r� i., r :�• s i: s• • ;� : �t. Mr. bJeConvflle atated thot he has a�iu► which ra:uirea A BCYOA Sf10Ti cle�rsnce Rod tiroe �arage door is now 6�8'� or lesa. There is no w�y he c1w Put the van ia the gerage. He vaild like to put the v�w in tbe:garage be<sl�uee of va�elf�a. Ta exgiaining tI� aaturs,oi the expsasioa, Mr. INCConville at�ted that it haa to ca�e out 8 feet in o�er to permit roaa far a gsrage door to opcn that fe higher tLan the eurrent'iYro�L of the bvilding. This r+tll be adeqvate Sor covesriag the stsira, thus integr�ting the tvo major probla�s. Ma. $cLaabtl asked if thoae staira srould then becp�e encloand ata3ra. :#Sr- 1(cCa�ville painted omt an the plans where tbe rooi rmu]d be dropped dam to cdrez ths ataire� permitting tLe door to'be �t gtade 3ksve3. This rrill allan► bir to rsiat the drivev�}r at leaat 8 inches, which rii13. slleviste tl�e xwt-dt! problat smnd also pexait clearaace for tam 7 foot dovr Yor the vaa. The Ya�a parkia� had to be maved bq�o�d the preae�rt rzai7, (indicated on plaae to 'Eho carti.seian� because of tYye he�d roos. Becsuse the aarage is so ngxro�+y expaiwdis� bri.n�s it to wi,thia 3 feet ot the property line �rltich ia adeq,wte ior s esp.r.t� �e, but eoae requtrea 5 feet iar� an attaehea �araga. Tbere- fOre it is 2 lert out a2 coda. t�. Schwbal peinted out tt�st it is 2 feet at the rear and accordin� to the eketeh� tbOat 9 iaCbes 'out of code.3n tfie fxpnt, Dlr. McCCUVille st�ied that the honae is parq13�1 ta Gardena aod Gardega is nbE perprndtcular to the lat. Me. Scbrmbel etated that she noticed that the lot to the vest fs vacant. Mr. NkCoaville etated that that,lot is part oi the nature center. Mr. t�oravetz etateII that the lot vill poasib�jl becomne an accesa to the park in t� luture. The lot ie 87 ieet vide and on],y 15 Peet is needed far an accaes, ea 3n the future the City nouid conceivably!.aell tLat lot for a buildicg aite but raild rete3n 15 to 20 feet for an acceas. At the presebt time, there is no p7.an ta s�31 the lot. Ms. $c2mpbel etated that if the Ctty did sell the lat as a bvilding site, it wuld be a aoa-Caniorming lot because the lat is only 87 feet wide and an axeas wou7,d be 35 Yeet. Mr. i4orasvetz stated that becBUae it is an older plat, it vould be grandYathered i�• D(r. Moravetz qlso stated that as oi today, the plaas are to keep the efftire lat es an accees. Ms. Schnabel asked if tbe lot was sold, which side oi the lot uould be retained far aa acceas. Mr. Moravetz etated that this has not yet been determiaed, but because oY the ' terrsin+ either e3de could be used as an acceas. �� 1 � I:S" /°. Y:N' �1 1' Ji' • • � Ms• Gabel stateci that when ske was there, ehe rroticed other construction. b(r. 1NeConvil,le stated that it wes not real3y pez-Einent to the gartievlar request here, except for the time Fra�e. 3inee he 3s revising the rooS, he xould like to start resh3ngling fr�n tke bottcm. Ms. Gabel asked if a11 the �ork xouZ3 be dona et oae time. Mz'• MeConville replied that ycs, by neceesfty, it wov2d. He elso stated that he vould be caattractin� the tirork out to sub-caitractors. Hir. Kempez asked if he wovld be werseeing it Y�imseli thea. Mr. MeConville statnd tl�at he Would. Ms• Bchnabel sslted Mr, Moravetz wLat the setba�k ia for the third lot to the west, '6ecause 3t looked like it xae quite close to the street. Mr• Moravetz stated thst the survey fa her foldcr woul,d t�ave this },nporma�iae�_ Ma. Schnabel stated that tke survey shoaed a setback for the third lat to t2� west {156�► Gsrdens) to be 36.$. The survcy also shova 1568 Gardsaa to have a set bacY af 80.3 ieet. 1�k'. Maravetz etated that the houae oue lot east af Mr, McCoavi7,];e'a houae has s setback ot 47•15:feet. Ms. Schnabel atsted tLat because oi all the shrubs and trees along the street� when driving dorm the stneet� you dom't get a eonsfsteat eye-view, Ah'. Moravetz stated that for the Ccunnf,asion's info�rmatiaaz, Mr. MeCom•illes hoaas at this time, sets back sbout 45 Yeet fr� the curb. Ms. Schaabel atated t2�st 'Ehare is quite a dif't'erence in the setbacks� froir 80,3 feet Por i568 Gardene aad 36,8 feet for 15� Gardena. , Ma. Schnabel asked if on the second story, �kere the bedroa�s ere� uou2d Mr. MeComille �vt ths windowa iox*+�rd2. , Mr.'. MeComvil.le replied ao� it wi11 be unchanged, excrpt for sight. Ms. Sck�nabel asked ii the roof line wouid then come out iro� beloTr those viadowsq �. McCanviile stated that if you strtke the rqof 11ne right ucroea� it woutd cut the wiudovs, but it will step down from there, 2eaving sn opeaing for the aindovs. Ms. Schnabel asked if he �rill take out that side and if there will be a spqct in there. s APPEALS C01�8SZ3SIOH i�81'TNG, SEPTEhIDBR 19, 1978 PAGS 5 Mt. t4cCaonvilla stated thst it will be up in the garage. He does not intand to change the interior or the main atnuture. Ms. Schnabel saked that in terms of finiah oa the iront of the aev portion, vhaL did Mr. McCoaville P].�n? � A(r. McCarville et�ted that it ie curirat]y brick, and he inteada to reap,in vit,h brick. Na. Gabel sskad if,.becsuse thero vill be no xindorra in that vall, vould a fiive trsll be raquited. Nt. licC�ville etated tLat there vill be s� vi�iw in thR garsge vs11� and tri]3. aeet bttildin6 seq�mante. l�fa. Gabel ststed that she qvestioned this becauae thsre 1a a code abogt haviag a v3ndvv in the garage when it is a8joining a living arew. � :�_ � , _ � '� , � � � � � � c, � � • � , Mr. Mostit�!etz .'� ' ata't,ed that if the veriance is appra►ed, the City StaSf irill make aurt All codea rri,ll ba met. Mr. .�cCaatville ststed that if he caulda't hstve a windov, he vwld put a windov ia'the Bar�Be door. Dtr. Kemper atated tLat he did aot thfnk a fire vall vaald be necessary ia thia CBes. - � _ . . . . � � � . � I�Is: 3chnsbel weked whe�t the hnight oi the garage would be? 1ir, MaConvi7le stst.ed that the height xill be 8 feet irom the gra8e to the roof. Ids, Schzwbel statdi thst tbe Adainistrative 3tafY Review mentianed aerial photoe. 'Pha photos were nat ia the foldera, and it was decided tLat because of all the 'tretss thepr r�l�jr trW18a't ShOr+ much. Mr. KempeT stntat that Admiaiatrative 3taff Reviev atatea that the house to the �st ia setback �7.15 feet. Doea thet concur with the su=vey? Ms. Schasbel e'tated that the survey shaved e setback oi 34•k =eet, buC that takea iate aecamt 10 ieet tor tlie bovlevard. So it is approximate]y the aame. Ms. Schnsbel asYed if there vas a�ors�e in the audienae in regards to this requeat, and if so to stste the3ar nsae. Mrs. Blrtha Lillemoen atated that ahe had recefved s letter irom the City of Fridley� t�rul would like to )mmr wY1y� and if Mr. McConville' e request Yor s variance vould ' have any effect oa her property. APPEALS COh�tI3SI0N 2�ETING� SEPTEI�ffiER 19, 1978 PAGE 6 Ms. Schnabel stated that because of sn ordinance, the City ie requfred to msil a aatice of this reqnest to everyaa�e whC is xithin 200 feet. The purposc ia to give ttei.gbbors an opportunity to express their opinions concerning the requea�. Ms. Schnabel stated that she felt it eould aot effect Mrs. Lillemoen's property beeause the roadua�y Wi.l1 not be aifecte@ in a� vay. The �reatest 'impa�et wou].d be that the fra¢it oP this house t+ill be 7 feet closer to the street than it eurrent�jr is at aue part, ancl that is Yrom agprmeicsatel,y the front door over to the gara�e side. Hawever, if this is approve�j, he wouid attll hsve 27 feet of � his front yaffi plus 10 feet vi bou2evard Yvr a total ot 37 Yeet iraa the iront of the garage to the street. Under normal circ�ataacesy tttis is considered ample roa�a ior oYY-street parking. Mr. Mox•avetz reiterated Me. Schnatsel's statemeat �Co Mre. Lilleaaen azr3 sdded that there would be no esaeaame�ta to her praperty because o3 this reQimeat. Mrs. Lillemoea thanked tha Cammi.seion. Ms. Schasbel ststed thst the Stsit Revieyr does aot nentisn ar�y ec�eents trom neighbora. Mr. Moravetz.stated that the Staft had not receivcd arry phone ca71e pbjecting to thfs reqvest. Ms. Schaabel asked Mr. McCvnville if he had aaything further to edd. idr. McConvil.l.e siated that he ia camcerned abcnit parking hia van in a garage beceetse of the va�alisne aixl y�rth traYPic � Gardena. ffe arntf�ed thpt a ear leit � the street hed recently had ita windovs smashed. Ms. 3chaabel cslled for i'urtheT c�ents fram the Co�.iasion. There were no furbher cw�eats. MO'FION by Ms. Gabel, aeconded by Mr. Kemper to c2ose the puiilia henzing an the v,ar�ance request.Yor 1588 Gardena Avenue N.E. LQ'f3N A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHIYAHEL DECI,Ai�Ep T�: MOTZOg Tp CLOSE THE PUSLIC HEARIAG ON TAE VARIANCE RFiQQt�3T F'(�2 15� �ARDENA AVSNt� S. $. AT 8:05 PM' CARRIID UNANIMDUSLY. . Ms. 3chaabe2 cal].ed for cov�ents �'raa the Co�iss3on members. Ma. Gabel stated ttiat she teels the hardsixipa are easi�,y danonstrated, Por essaple, the drive�y thst drsias into the garage, the heating syst�a ia hampered, the ice cn the etaira, and ao�E beiag $ble to park vehie].es in t2u garage. Ats. C�beZ stated that she wouLd questivn tue e�tbsck, but because the street is �rell treec3, yvu don�t have a visua7. line oF sight at�ywa}r� and so she dceen't feel it wi11 have an impset because of that. �'. Barns stated that even the terrain does quite a bit to break up the visua]. line, and siace the neighboring 1ot belongs to the City and there are no plens � at this time ta build on it, camina close to the lot line wouldn't be endangering any neighboring property.- As Par as visual� he feels 3t would imQrove the IooYs of the house. Hs wotr2d havt ao object3m. v i • � , �_,� � ti�• u:� : �• . . ; Me. 3chaabel s�ted that she is i�spraeBed sri.th'Me. MeCanville's action to impr��ve the sitnation� and feels it rril7. Le a han8aome addition. AYITIOH by i�. Sarns, secamIIeB by Me. Gabel tp appa�ave the request for variance ar .1 C,�sxiena. UPO1P A VOICE VOTS, ATd. YQTIAiG AYE, CAAIASdTOMAN SCHNABEL I�CLARED THS I�TIODf TO AiPROVR THS VARIADICE REQilE3T FOR 15$8 GARDfiftA, CARRIID UNABTt4DiJ5LY. Ms. Schnabel inYormed Mr. McCaaville, that the request for the varisace is agprovad aod siace Lhere are ao objectima irae nei.gbbara, he is free to app�y f� A building permit. 2. 1b�I0N by Ms. Gabel, seca�ded by Mr. Keaper, to open the public hearing tor the var�anee at 5212 Fillmare Steet H.S. iTPON A YOICE VOTE� . AL� VOTIi� AYE� CHAIRWOMAft SCffiiABEI. DEC7�ARTD THE MOTIQDT TO OPSit T� PDBL3C ASARING Ft�i THE VARIAI�E AT rj212. FILLI�E 3TREET NE AT 8:10 PM� cat+xx� vrtaNn�ocsrx. . Ais. 8ehnabel asked if Mr. B1isa was present. t�. B1ias acknGwledged he �s� sad l�ta. Schnsbel asked him to step ioraard. Ms. SChaal�el read the Admi.nfatrative StaYP Report $s follosrs: ADMINISTRATIVE STAFF REPOR7 ' 5212 Fi7lmore Street N.E: A. PtJBtIC PURPOSE SERVED BY REQUIREMENT: 205.053 (4A) FRONT YARO SETBACK Of NOT LESS THAN 35 FEET Public purpose served by this requirement is to allow for off-street � parking without encroaching on the pub7ic rigfit of way and also for aesthetic consideration to reduce the "building line of sight" encroachment into the neighbor`s front yard. :��7�3 t�I� � Pubiic purpose served by this requirement is to prov9de space between .� individuat siructures to reduce conflagration of fire; to provide access to the rear yard for emergencies and limit the condition of crowding in the residential neighborhood. • �!� i • � � I�1'sl '1�1' Y;�I .: �1• • • � : Pubiic purpose-served by this requirement is to provide rear yard space to be used for green areas which enhance the �eighbarhood. B. STRTED HARDSHIP: The reason for hardship is far the steep slope af the 1ot downward from the street. Elevation change from curb to south property corner is 50.82 feet (T008.5 - 957.68 sea tevel). 7o build the house in the center of the ]ot would require the garage to be on top of the house. C. ADMINIS7RATIVE STAfF REVIEW: An on site inspectiorr shows excessively steep grades on ihe lot. The appticant would iike to fill the lot on the nortt� side and avoid the steepest part of the lot. 7he verifying survey shows (in orange} the � area invoTved which require variances. The new garage wou7d line up with the front7ine of the attached garage to the north and would be 22.4 feei from that existing garage. The garage wiil be approximately 27 feet from the curb on the FiU more Street cul-de-sac. The applicant's drawing indicates the,type of house propqsed: Ms. Schnabtl asked Mr. Bliss to ezplsia tw�r he vae going to t,zai3.d on that lot. Ms: Schnabel stated that the Crnmaission has a copy ot the survey� attd the drawings of the house. Mr. Blies gave the CO�.i.asion a p8otograph of the lot aa3 pointed out Mr. A�entrout's hause whtch is to the nor�h, 5222, Mr. Bliss stated that 5222 fiae a single attachtd garage oa the south side of his hovse. There is a drive�y going dq5m behi�i sud there is a garsge underneath thi.s gsrage, There ie a space of 20,4 feet between his garage aud the lot line. Mr. B2isa stated that he is rcquesting a variauce hecause he wsnts to keep his garaga and houae as Par to the north sa possible and would like to buil,d a house with the north side of the housE into the hill, to help solar heat3ng to the south. He ie requesting a var3aace ta keep it even with the garage to the aorth, which is 5222, e�l if he builda with � a xiormal setback o2 35 ieet, he will have to build s garage quite a�ys baek because he must have accese to the garage iraa Fillmcre. Ii he built the garage to the south� it vwald have a very steep point trver the hill, which might obstruct Mr. Baomer's v3ea to the east. By keeg3ng the houae to the north� he zrill nct obstruct Mr. Armentrout's '(5222) view, because he:has a poich on the back of his house behind the garagt oa the same level ae the street. 1�h�. Bl.iss stated that he would like to get �the 2 Yoot aide yard satb�ck in order to avoid sueh e steep incline going to the gsrege. Mr. Bliss stated that it is poasible that soa�s future ouner rorould like to add � to this gsrsge, but feels it is unlike]y, beceuse it wili make the garage underneath unuseable. So there w311 stiil be • 20.� feet plus an additional 2 teet to h3s garage. He choase a 2 foot si.da yard in order to have aecess for mafntenence for thia surface o� the garage. APPEATS Ct7lfl�ffSSI�i MP�STING, SEPTEi�IDER 1�L1qT$ - PAGS 9 Dis. Schusbel eaked hw much of an averhang Mr. Bliss aaticipatea on the rooi 2ine on tt�a north side. Mr. Elies�atated it vill probab3y be 1 foot� but wili not ext�nd rnror the lot lins. Mr. Blias skated titat whea you.ct�►e up to the hause, you vill see the eutxy v�y a�i t� p,erage. ASr. Blisa expects to havs the roaP of�.the sec�d floor evea .irith. the ;street level : : v Mr. Bliaa ia requesting the rear yard aetback becauae the lot is o�yy 97.98 feat alalg the north 2ine. A�ther reesam is tLat he vanted the garsge cloeez� to the eix+aet. Thia garage viu not ertend inrther out thsa the other houaes in'tha b].ocic. He is requesting that hia garage be evea xith the othera. Mr. Blisa atste,� that the only change in the drarringa xould posaibly be to mak+e tLa gsrege leea vida, and perhaps deeper. Mr. Hlias etated that if the variaace were not graated, th�I ai.11 hava to mwe the houae ivriher dorm the h111 Nhieh paild obstruct vievs, and move the gaxe�a twarde the rear of tlu lot, xhieh vill neceseitate drining davm n hi11 to ti►e Bett'a�es eaueing iee proUlama. Ma. 3ebasbel s�id ehe cquld tuiderstaad wkpr he �raated to keep the elevatio� up. Ah�. Bliae stated tbat tix m�.n nason for the variance request is the tremenaous elevatiam chenge � tha lat� as shovn on the dravinga. There ia in ezcasa oi 50 ieet of eleratioa change. A�. Kespes asYed if Mr. BI3sa preaeatly osmed the lot. Mr. Bliss ststed that Yu did, althovgh it ie nat Yu17y paid far yet, he is paying accarding to the requir�ents of the City of Fridley. Me. Gabal aeked if it ves his int�nti� to live there: Afr. Bliae stated thait it rras, awd that he plena to start conatructioa in April, efter the apring thaw. Ma. 3chasbel stated that her one concern is the patentisl impset on the houae to the north, 5�2. 1�fs 3chnsbel is concertted.abaut the imgect oP buflding 2 feet irom the lot line might have on the hame at 5222 3n terme of his accesa dosm his driva�wRy a�l the turns he has to mske to get into that low garage. Mr. Sliss stated that he didn*t thfnk it Would at �13.. In tact, Mr. Bliss stnted� there *ras a steep alope before we started du�ping some oi this fill. Mr. Blisa ststed that he has discusaed this with the o�mer of 5222, a�i he has no objectiona. Ms. Gsbe2 ae�ced haw sride that dMvevt�q ie. 1dT. Bii88 stated he thinYs it 1s about 8 Peet, �te],y 12 feet to the lot line. but is not cez�tafn. It is apprmci- y AYP�AI,S CON4Q3SION i�ETING SEP`PEMBER 19 1978 PAGE 1Q Ms. Schnabel stated that 5222 has two drivevays� one which goes inta kis existing garege, and a aecoad drivexeay which goes along side thst garage, and then goes drnm belcn+ behind e� then turns inio the garage underneath. Mr. Bliss stated tLat �222 stores his bvat ix► the lover garage. Ma. 3chnabel stated t�t he had his bost out of that garage today. ' Mr. Blise atated that he didn't think 5222 had to tura eround, but xould back iato the gerage. tdr. Boaoer sLated that he liven aext door at 5200 and that he had also tslked irith the owner oi 5?,22i aud was to9.d that thete t�ere nO �1jeCtfoa�r. Alr. Bpoorr stste3 that he had se� 2ti,m usa thst drivew�g p�y �ce. M.s. Schne�bel aaktd if there was cx�yaae in the audfeuce concerning this variance, Ma. Schnnbel ssked Mr. Bocmrer {$2pp Fillmore) amd Mr. White (g211 Fiiimore) to s�hep forwax+d, sad matca thair eaemseats. Mr. Boa�er stated.that he is in favor oP it. 1�ic. White stated that he agrees vith Nh�. Boomer� ani hae no objections. Mr. B�r state8 that he talked to Mr: Csrl Renquist vho lives across the etreet about the variance, aud Mr, Renquist has no o�a,jeeti�s, Mr. Bliss stated that he had also telked to Mr. Renqitist and had sho�red him the drawings, and Mr, Reaquist told him he thought it ^looked good^, Ms. Schnabel stated that accarding to tkze Adminiatrative Staff Revie�, the aurvey shmrs tl�at to build on this lot without the varisncea, wpuid not be practical because of the grade of the 1ot. Mr. Slisa stated it would be 25 feet minimum irom the rear, 35 feet irom the front and 5 fx� the side. Mr. B1isa stated that with 26:9 feet setback fr� praperty corner, there wi11 atill be space Yor 2 car ofi-street parking, without even being on the boule- vard. Ms. Schnabel atatad that sfnce it is a eul-de-sac street, it is a good idea to have off-street parking avai7,able. Mn. Bliss asked tlzat iP the variance ie granted, coe�l.d 2xe make the gar,age slight�jr longer Prwi east to west, as much as 30 feet� to provide overlap on stsirwqy. l�h'• Barna stated that he could as long as he didn't effect the varisace. ?�. Kemper stated that if the variance is granted� Mr. Bliss doas not �ed to � use all at it. Me. Schnebel stated that a variance is ouly gopd for one year's time. If NJr. Bliss did not use the v$rii�nce within one year� he srould hane to caeoe 6ack and ask Sor an eztension. APPEALS CON�ff33I01i t�ETING SEPTTEMBER 19s 1978 - PAGE 11, Ms. Sehnsbei agked I�h�. MoravetZ if the C3ty has a 5 foot easment on the north PmPax`tY li�. Mr. Dlorayrtz ststed thut he is not aware of oaae at thia time. Ms. Schaabel stated tl�t no�easmient ia i�icated on the survey, but that the City lu�s been in the habit oP getting 5�� eesements ail alang the graperty lines. t4. Mprswtz sttated that th�t is on nerrer plats� and doesn't think it applies iu.th#.a csse. Ms. 3chnabel stated thst thero is one shown a� the rewr px�perty. Mr. Moravetz atated that 2�. Bliss should coatrol the erosioa to ad3oining pra�erty� and rei'ternter thst the City Staff has naC received any objectiona to the reqneat. MO�I� by iM. (3abe1� seconded by Mr. Kemper, to close the pnblic hearing for %Tie.-requeet for varian�s at 5212 Fillmore. . UPOH A VOZCE VOTE� ALL VOTI�G AYE� CHAIRWOMAN SCHNABEL llECLARED T� LBDTIOPi TU CIASS T�. PUBLIC i�ARI1QG F(8t THS REQUS3P F�t VARIAM�. AT 5212 Fn•T.�nRR AT 8:40 PM� CARRIPD [II�TANIb10U3LY. _ Mr. Kes�er statad that he believes that buildi.ng oa that lot has so�e bni1L-1n hsrdahipa� and tLat he ieels the petitiar►er has doae a good job presenting his plqa and establiehing 12ardehip. Siace there are no objections ir� neighbors� he approvea. Mr. Bnrns atated thst he agreea aith Mr. Kemper. Ms. Gabel atated that ehe agrees also. MOTION'by Mr. Kemper, seconded by Ma. Gabel, to appre�re the request for varianca at Fillmore. UPUH A VOICS VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE NRITION TO APPROVS Ti� RHQ[JSST F�t VARIANCE AT 5212 FILLMORE� CARRIED i1NANIl✓AUSLY. Ma. Schnabel informed Mr. Blise, that.since there are no objectioas Srom the Camm�ission aad neighbors, he ia free to apply for a building permit. Mr. Blisa tk�enlced the Cc�eaaiasia�. 3. ar� susr:xsss: Ms. Schnabel stated that the City is still lookiag far people who are iutereatnd in serving on an Energy Conmission. A+ the lsat Planning Commissioa Nleeting, , on�y tvo people had indicated intereat by sending ia applications. Ms. Schnabel asked that iY azqrone had an,y suggestiona for people who might be �rlLling to serve�`that they forvard thoae namee to 3erxy Boardmau. They Would like to get the srprd out to as ms�y clubs and organizatione as poasible in the City, hoping ' they will take an interest ana encourage members. APPEALS C�+II+ff33I0N ME�PING, SEPTEI�ER 19, 1978 - PAGE ].Q Ms. Schnat�el statest that the Eaergy Co�issiaai would be similisr to the Appesls Camm�ssion, with resi,douts of the City who are interested in energy probl�s who s�ould be vrilling to meet perhapa once or twi.ce a tnonth for a perial oi about a year and discusa what the City can do to enconrage energy savinga� �rhether it is in commerciai, i.ndustrial or residential building. Ms. 3chnsbel etated that they are looking for citizenry to becoeme �IItlp1VE'!1 gT1d y7E hope to get people who have some espertise if possible, but 2ay people interested in enesgq are �seicome. r?s. Schnabel stated that the firat drait of the proposed changes to the Zoning Code Ms. Schnabel etated tha,t she has asked Jerry Boardmaa to send a completed copq to each member of the Appeals Co�isai� when it is doae. At the next Plenning Gaa�ission meeting, a timetable vrill be set-up for reviewing it syat�tically. 2+�TION by Mr. Berns, seconded by Ms. Gabel, to adjoura the September 19, 19'%8, App�ea a Co�ission Meeting. ZtPON A VOICE VO'fE� ALt, VOTING AYE, CHAIRWOMAN SCHNpB�L DECLpRID THE hATION TO ADJOURN THE SF,P°IBI�II2 19a 1978a ��S GOP�ffS3I0N I+�TII+� AT 8:50 PM, CARRIID UNANIMOUSLY. a � PUBLIC HE�RING aEFORE 7NE PLANKINr, COtdMISSTON Notice is hereby given that there will be a Pulbic Hearing of rthe Planning Commission of the City of fridley in the City Hall at 6431 llniversity Avenue Pdortheast on Wednesclay, September 27, 1978 in the Council Chamber at 7:30 P.1�, for the purpose of: Request for a Special Use Permit, SP #78-10 by Allan B. Stahlberg, per Fridley City Code Section 205.157, 5d, to allow the construction of a nerr house in CPR-2 zoning (flood plain), •on Lots 23, 24, 25 and 26, 6lock U, River�iew Heights, the same beSng 8053 Riverview Terrace N.E. Any and a17 persons desiring to be heard shall be give an opportunity at the above stated time and place. Publish: September 13, 1978 September 20, 1978 RICHARD N. HARRIS CNAIRMAN PLf1NNING COMMISSION �2 MAILING LIST SP #78-IO Allan Stahlberq Lots 23-26, Block U, Riverview Heights to allow construction in CPR-2 Zoning (flood plain) Allan B. Stahlberg 305 89th Avenue N.E. Blaine, Mn 55434 Mr. & Mrs. Evan Rengstorf 689 Fairmont Street N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Sluss 675 Fairmont Street N.E. Fr�dley, Mn 55432 Mr. & Mrs. David Johnson Box 57 Pierre South Dakota 57704 Roberta M. Spohn 6A25 Beard Avenue North Apt. 8 Brooklyn Center, Mn 55429 Mr. & Mrs. Kim Wall 8065 Riverview Terrace N.E. fridley, Mn 554.,2 Robert Heltemes 11779 Norway Street Coon Rapids, Mn 55433 Mr. & Mrs. Robert Johnson 680 Glencoe Street N.E. Fridley, Mn 55432 Mr. & Mrs. Steve Adelmann $0$0 Broad Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. 6ilbert Feit Route #2, Box 727 Wyoming, Mn 55092 Mr. & Mrs. Michael Malone fi35 Ely Street N.E. Fridley, Mn 55432 PLANNING COMMISSION September T3, 1978 City Council John Badger 651 Ely Street N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Werner 655 Ely Street N.E. Fridley, Mn 55432 t4r. & Mrs. Marvin Kalor 681 Ely Street N.E. fridley, Mn 55432 Martha E. Haugh 8101 Riverview Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Cook 690 Fairmont Street N.E. Fridley, Mn 55432 Mr. & Mrs. Ryan Falk 688 Fairmont St. N.E. Fridley, Mn 55432 Mr. & Mrs. Timothy Hutchison 8051 Riverview Terrace N.f. Fridley, Mn 55432 Mr. & Mrs. Dennis Prince 8031 Riverview Terrace N.E. Fridley, Mn 55432 Robert J. Trebus 684 Ely Street N.E. Fridley, Mn 55432 Mr. & Mrs. John Koczur 680 Ely Street N.E. Fridley, Mn 55432 Mr. & Mrs. William Erickson 650 Ely Street N.E. Fridley, Mn 55432 � �� -� CI7'Y Or fRIDLCY DIINNCSOTA � P1.ANNINGAND ZONING FORM . Nu�sncR —/0 . APPLICANT'S SSGNATURG Acidress� O � - �% (� /�L /�� A/ti�.-� Telephone Number 7 �Fo � � � 5 HO�NC ON W1A. �/�`�-"�` PROPERTY OWNER'S SIGNATURE��C�� 7 Address 30 �- 9 /Q!/ i't/E' Lil /�v�' .��sf c, cJ �.i( TYPE OF REQUEST Rezoning �^ Special Use Permit Approval of Premin- inary $ Finai Plat Streets or Alley Vacations . j � / Other ' Telephone I�umber C� / r� �3 ' ' . �� Fee �� Receipt No.��t9�9 Street Location of Property � 5�� Legal Description of Property �3r 2�� S.� t/�.riz-�U %�e-t'�7r+ ��t�9'��i-. Present Zoning Classification Existing llse of Property_� rn�•.,_ � Acreage of Property � Describe bxie£ly the prnposed zoning classification or type of use and improvement proposed GL . ��?4 � / �7 s.��i'ri� S� Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes �o. What was requested and when? ' T'he undersigned understands Lhat: (a) a list of all residents and owners of property xithin 300 £eet (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 resvlting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, shoiaing the following: 1. North Direction. 2. Location of prop6sed structure on the lot. 3. Aimensions o£ property, proposed structure, and iront and side setbacks. 4. Street I3aznes. 5. 4ocation and use of adjacent existing buildings (wiYhin 300 feet). 'fhe undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE �- � � � 7 D Date Filed ' Date of Hearing __ Planning Commission Approved City Council Approved (dates) Dcnicd (daLesJ Denicd . re.w�, �ra. �.a _ �:,�, 421 - t100 ae..w. ,ro�., ..� ..,..a+ : �KEITX �M. GRAHAM , 8cakr 1 "� 30 ' 2tnd �arveyor . � °ILester �Buildin8 �luolcs. �hfianesota JS3Q� � Ce�tflteete of Survsy lor: �laa Stahiberg . ° OesCrJpNon: �te 23, 24, 25 aad 26, Block U, RIVERVIE�i tIL�IG$TS, Anoks Covnty, Minneeota. . Subject to essements of record. ' Bench Mark: Top of Hydranc, Southeast quadrant of Rivervies� Terrace and. .Fairmont Street: Elegation; 825.05 ', High `dater: From recorda of City of Fridley; 822.9p , j�� /' f' ' k3 , / yo .r e o ..-� . � .. , � :�-- �' . : . ', �,�� .. _ ��— � ► � - ��o , - . • �$ -'�� . �' • � �� d o + b�4� ra�$��' �5 -115 •a `qo `` � - . . . . . . � �� Gy b � D (��l � . .. . .. �10� . . � . ,. . . . �'•. � r y . ;�._ o,� ;*a ' . . !r - � . ��''•.. . . (� • . . . . �� ' � � .l: r .. . �i G � ° ese r I' _ t'�, � `'s. �� o � � � �'� � . ' .o � � o �, G � / �, ;;', �' � � tJ,. � � .a f:• w Ment '13 v y ,�, 'a '� � �� o ,��3�' , �;1�ty Eas� �f -,�x 1�43. '� � � +5�'GC f� �,�� g •� o / �� .• �� ' � � � , : s'' . �� G � �� i�� . 900 1 i p � ✓ _� . � 1 ,� 1 6�. � \ � 9 y1.k� � ...-F�ee ' ' . C� 03 q��3.s• �£.-�' . ,_ . c� �' ; � +$ \ .•� .-•114,7 ,, � � • � z� ° �' x .;_,.;, � •_ _ , , o. I 2Nreb� oertify Lhst this eurvey. Plan. or � rsyorE ns Drepared D� os or under q� dlreat eupervieion aad that I sm a duly Reaistered �. . � L�nd Snrteyor ur�sr tht ls�e oi tbe State ad " llian�sota. job no. 7y- 7� _ . �„u� �r+� �� boo1�, page a. s r.so r. z¢ n.t. //s,f�'.4_ a.s. xo.�,��os I: I . . - - E%TERIOR ENYELC?E THE2MAC TRAqSHITTAttCE PAGE 1 strwoarw �roR,csxe�r 51te Address' p�er /aCCAN STAN�BFRl� Contractor Phorte Date S-Q-��g . . . ' vr� . Bulldtng Type (check ane) �)C�_ One and 7!+o Famity D+relling () Other Assembly (pescritre type from Tabte 3 or Area (A} U-Value U x A shoN calculatlons cn Paae 2 SqFt Insu7ated Area Q S 7 , O 3 2S, �/ a. frami� Area � 90 oF ToTqt SS . �(0 8.7(0 0 � Sk liahts T oe a � Other deseri6e .- � ci Other describe 1 Totals 38 x Z 4, 912. *'`**'t* 34, 47 2 Avera e U-Vatue, UxA / A from L�ne 7 '�`*'F'�' • �3 8 *''�'�""�` � Reauired U-Yalue (fro:n text �* • � 4- ****** Insalat=d Area 7759� ,OS 38. Se Framino Area i� oF ToTR L 75.7/ , O�j '(o, g � A�+.�cR�E^� B+�sIA'SN/Ecp Uindows, T e CSrn , w�a3uc �cqSS %/, 3 , S 2. 4�, ig Ooors 7 oe I NS u<A1Ea MF7AC .SS 63 , f 3 7.23 Rim Joist Area f 2 Q- k. fo7 $3 ,,OS ¢. IS .- Fire lace :lall 3 � foundation Wall' above arade /"�SK 7F,D S$f,SQ- ,O S 29, 08 m 6 Fbundaiion IJindows, T� e SAA7F �AS A@oUE 3$, 3 .-S 2 � 9, 4 Z. oF To��G� F��.�r— � Other describe .DHTioa WAtc ,PAra�••�6 4(0, (06 .� Z S, �o Other d=scritie � Other d�scribe) � 4 Totats fZ k!¢ ( f�48 �*'t'�"� /s9.3"J 5 Averaae �-Vatue, UxA /(A1 from �ine 4 �'** , O q ****** 6 Reuvired U-Value (fror text) ****** . I 8 ****** If Line 2 is greater than Line 3, or Line 5 greater ihan Line 6, cca�lete thr foltowina to determir.e alternntive U-Value for total exterior envo�oee. 0 7 Area (Lire 1) + Area (�ine 4), + � i y = 8' UxA (Line 7) + U�cA(Line 4), + . �+t* m 0 9 Area (Line 1J x U-Ya1ua.'(Line 3) _ x � ****** � u � 10 Area (Line 4) x U-Vatue (line 6) x � ****** W - M 11 "8udg:t", tine 9+ Line 10 ,t,rn.yr,k,r _ j O �' 12 Alternative U-Yalue, Line 11/Line 7 *,t+t*+t* If Line 8 1s greater than Lina 17, al:er assemblies as reSuired so Line 3 dces net exceed Line ll. e � .-�*� � F .._ . _ _-- = .. .. .- . . .. - - - _. _ • . El(TERIOR EPIVELOPE STACtDARD :•IORKSHEET' CE�CI�C� ROOF /NS�UCATtD � SSEi!OI% CC/C/NG ._OOF � ;escribA� inicY.ness K-Va�ve Hat=_r7al � � � 'c<cucosE descr�b_! ITh�cr.nes rio.� 8., 30.00 _ � r, . So F1'wooD �1otSTS 3 �2 oaRO �8�� a• s� � �YP BoARD �„ � ' � � •Uaiue 5=e Tzhle 2 0,� I in-ari " V t , _ ., 'J i Pk�� 2 4.3s � o, s6 ; „-'--- '-- -•• - , �_ or r- a ue se= T2�i= 2 � o, � -x�2riar r-4�lue see iahle 2 0,� I IoLdl :+SS�1h�V 1�??Ti31� r�?Si5`211C8 C� . !3 �s�b3y U-Value see Table 4 — � En±er an ?ao� ; , /f� � 550T,D I W�J CL G 1? A M i..J � f•,a��rial deserip=_ Thicf:r.ess ,R-Velu= r '' CoYP, 13oARt� /z ' O,¢S' soFtweo� 3�'lz" 4 3s �C� S7'yRoFoqn�'Sqr6. / � S,'`�1 51`UC'C`o 5/Dia� � _. o,Z.o B�TT IaSUCArro-v PcYweoD SNt�, STuc�PO Si,pi.a� _ , ! �9 , �NOqr.o.v !r-�sc,ifll� :ichn�ss R-'�Jai�e s%z•, l9, o 0 %z'� O . C�2 — �b•Zo � � .. . . . . . . . � � -ww-� . FLoa� JoIST aPi1DUAl. IM'�.?�oR FINi�N -�— w� � n� �� D e v , �`� : .v: ' > . , 9 ` ° 4' � J� ' ' ' �•. IL1U p O p G. or G��b �e p �opp•; ogoo RL �DOp�O�� ,5 �poo0o° o � 4C i ° 6" o�oi d � � .•', . .�' . . .. C3iJ � PRE�°.�uR� TP.�ATED WOOf� �SE� 1'E.XT� NO'(�: 5EE �,ENE2AL AIrJTES F�R PER-1J19510Le, VARIATIONS. �L45LIING� PI=YWOOD t�tAY OVEe LAP Fi�-o APPL�ED 7�P f�ATE FO(� SNEAP TRANSFEK --FIELD APPI-iE0 2X_ TOP P�1'� . - 2 x�ToP �Te - GAULK. I FINI9F! c�P�DE SLoPE �/2" PER FOL>T' ��- M1N. G' F20M WALL ��STuD W,ALL @ i�"o.c. —�NSUIJaTION AS APP2oP��ATE —� x_ 02 PL�+lOQD ST�IP PROTEGTI�1Gc roP o� oo�Y�TNriENE F��.�t _ P�YWooQ ' + AsPN��T o�. Pot-�ET�1'�-�N� FtLM 5T21P5 ;��d.0 CoNG. 5L�1 P� — 4" (�AVEL or� CQ.US�-IED `JToNE FILt. -- � x9- SCR�ED , SOAQD (oPTtonla,l.� —P�Y��ar�e�� F�LM t�G�ToM PI..47E X�Fa��N� Pl-ar� ��oW FrcosT LiNE Figurc 2. I3ascment 1Va11 25 Floo�. ,lr�+sT DATIOfJAL tN'(EKIOz FiNisN �- 2G C� PR�ssuRE TK�AT� woov. tJoi�; SCE �,F1JE�AL NOTES FoR PE.RMiSSiBLE ✓AR��TioN6. Ve.NEtR. TIE _�°AifZ sPacx- Flf.i.D APPL�FA 2X—TaP A-�TE 2x_rOP Pt..4TE ��icK veN��K.: FINISIa Gr2ADE 3lLP� %Z' �P F�Oi � Fo� MiN. � FKOr� wa�� ?�'.. - 2rG Top ?LA'tE �� ' �.� �:Jv _��,. _. � �� — 2r4 KN� wALI �-• --. - . iNsuLAT�oN a,s a��2�a.T� ` - -- - poL�'ETN'(i-� F�I.M '''-� �-�- 2X � STllD WALL -7;'=c ��1�° d '°�—ASPNALT oR. PoLY�YLEtJE Fll.t,i 57�IP5 'i!<"a oo°o°� � ,'`e`n� o o�o PLYINOOD c o a ; -`o� o0 od 1 �� '^ ��,Ic� . ��.I n O �d JGC�I-¢ tt/ryG. �J'�J-�B ! '--' ' 0 4v 4{z,4V�L 02 GR.LlSNEO 51'ONE FILL �t � ° Po�Y�''N+(LENE �ILM 0 4. � e i `• "Vv �oopD� jz 4�G(ti'EErJ �OA�D COPfIONA6� � r ' � ' - �� ;.- `�,�' � °a� —IX.g' BOITOM PLATE - , - - _ �: ,�;; _ o l�,�c - = 2r �Z�oO"(lfJG� PI.Aj� . _ .� i ' �----�_- --a-� =-Y'��f—T-`_ . . O O°`p o�o G�Cr� p O� �p C�V. . _ c� c � °q��'�Q��p�,o �� O Co ��` �� a �.�po'� C Q/x—o i p� �c n o�O o0"'25 �_ .. i .kT�--r � � �:. - FlzosT LiNe Fguec 3. I3ascmcnt 1Va11 a�ith Brick Vcnecr on Knce �Yalt , . ''�+-- _. 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P�11vooD STR��P AT LF�ST 4' �Ew.V GoNcR.ErE. � �f-- TYPICALLY NoI.D 70 oNE 2i5Ee Fo� Po�G+ �— Ft1�a�liNC, �,�O ` ; ��. :;;� o � _ � �. � ToP oF P�YETN�E I FIL�r_cTN4 . . ..° , . _ . v ° . t�A�A�E o2 Po2C.�J GA�IG2ETE 5:.d3 ` v ' ; d',: ` REiNPOR.GN4 �T�cL (DPTIONAL� ��o �e ..° p o:. • 0 0' o"°-o Zx—'(OP A-ATE 00 0 0�'0�00 o4°Gppo Opo�. � l��A'!EL O� c�1.15�1Ep 57otvE �OF"rIOrIAL� �� , �,� u. �' -.._ -..:1-� :'. �I , �} �, POLYG`T'NY1-ENE FILM r-II��!�- — GOMPE+GT�D FILL ��,. ;_-_ - r�'=`rr:� . ��:�,��oo ��a�o �'�;+ �'�' o a p � �.7 O � 'i O QOo° �,=,'.';�^ � O :..��,.; vo.c£�" . ,� .;: ., " � 0 0 o p ° _. ;^^�.00000 c _:�>.-.,-,�rLZ, Oo0 L;„I� _O Op0 �.r'�y l^C�'� O ��- ;o� oO �L`.�.'_ � ', Q Q p� O -- . 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Y • •.i •� PU6LIC HEARING BEFORE 7NE • PLANNING C01•1MISSION Notice is hereby given that there vrill be a Pulbic Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 Urriversity Avenue Northeast on l4ednesday,September 27, 1978 in the Council Chamber at 7:30 P.M. for the purpose of: • Request for a Special Use Permit, SF �{78-11, by Amoco Oil Company, per Fridley City Code, Section 205.10i, 3, (E)(H}, to allo�a the operation of a service station with car wash facilities on Lot 16, 17, 18 and 19, Block 13, Hamiltc,n's Addition to Mechanicsville, the sama being 5311 Universi±y Avenue N.E. Any and a11 persons desiring to be heard shali be give an opportunity at the above stated time and place. RICHARB H, HARRIS • � CNAIP,MAN PI.ANNING COMNtISSIOy Publisfi: September 13, 1978 September 20, 1978 • •..�y _ � �� `�I . CITY OC• rRIDLEY MINNGSOTA ' r� ��Yr PLANNING AND ZONING FORM 13l]MSL•R '� %p'�� - TYPE REQUEST APPLICANT'S SICtiA7URIi �UOCa ��L �f� � ' Rezoning Address �C � �c � % % �� CcC�..�v . .�� 3� l� Special Use Permit .,,' ZK Telephone Nwnber $31•3 �-� u Approval of Premin- i�y $ Final Plat PROPERTY OWNER�S SIGNATURE �-(u��p �i L l a � treets or Alley �� 71�� c'n , �� J�3� �acations Address GCtl.rw l��1 �' `� Other Te2ephone Number �3 ( -.3`�k� T-. • Fee/� r Receipt No. 9�j3S Street Location of Property ~o�// %��,,,�_ Legal Description of Property Present Zoning Classification Acreage of Property or type of use and improvement __ (�S/1-t�...0 l.C(.1,r� Has t present applicant previously sough± to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes�no. What was requested and when? � i Existing Use of Property�'� ��« Describe briefly the proposed zoning classification 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 appiication must be signed by all owners of tlie property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, shoiaing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front aiid side setbacks. 4. Street Names, 5. Location and use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts a representations stated in this application are true and correct. - � -� DATE � % � SIGNATURE z,��✓i fAPPLICANT] ; Date Filed Date of Planning Commission Apprrnred (d�tcs.) Dcnicd City Council Approved (datcs) Ucnied . __ _ ___ ___ ... .._ � ..._ �. __ _ _ _ � MAILING LIST Sp �78-11 Standard Oil Division Amoco Oil Company C. l. "Kris" Kristufek Territory Manager Standard Oil Division Amoco Oil Comapny 4040 West 77th Street Suite 328 Minneapo7is, Mn 55435 Mr. & Mrs. Gordon Graham 5334 4th Street N.E. Fridley, Mn 5542� Mr. & Mrs. Homer Melton 5330 4th Street N.E. Fridley, Mn 5542� Mr. & Mrs. Herbert Ledo 5326 4th Street N.E. Fridley, Mn 55421 Mr. & Mrs. Arvid Peterson 8029 Erie Avenue Chanhassen, Mn 55317 Mr. & Mrs. Wayne Flentie 5310 4th Street N.E. Fridley, Mn 55421 Marlene 0'Donnell 5300 4th Street N.E. Fridley, Mn 55421 General Realty Company 4601 Excelsior Blvd. Minneapolis, Mn 55416 Mr. & Mrs. Jerome Schurstein 1100 43 1/2 Avenue N.E. Minneapolis, Mn 55421 City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, M� 55421 ��•i �:; s � � � , . .. y'� , j z . -� ; v. ::� --,--�----�----,-,. � -.--�.. . _._�._.... . .:, --- ., . . .. i ' '� i . • -'• � �.,. . ' � :. - _", . -;- _ -----._ �u• � { . _._ __ ,'' ' b ' � � V �'� �ft� � �i �� i i � • .. . . .:. M1� \ . I ��; =Q ,'-� .f. .,r �•:.., � ;' .., � .f . . . i `. � H 1� l� v/!l• qp:. 1 I . �. . � 1 . w i' , � ,��. '. .°, • ; i � y 54>5 ' • , ,� . � � j � �y � . . / 5�l 3-`'� �'_1 � �_.'i � a � cr ' � � , �� : � . ` ; :,5�`.y ; � ; � ./� � , ,a�„� : t .\`'', � � ' �- �,�,e,�,��t` �' S r,': ,• � � . \`.S � Y�. . , . . ,?s ^�i, ' i , , � . _ . ,hS �� ; • ''�,' :, �s `� :re .i �i �:� �,;...�. _-'iYt`��,` {' � a— -�_A-'� . `,, .;'t.'C� �� ,\\ pt��a'(.�j i^� LL. ' • � . . ��'�3'� �.4' � ��" .Yi-, !� �'� . ,J: J .'Si �i .9 r;z,�-.�, ' �. ��.... • l�,�, <`f . a � . :. • ? Y y .'d .?-�`�J� '" - ii i .a '. :S ,r �!x. �� I •�y�,� � . I�'.: yY V �,. � ..a�. je�� •�:�� AA:�. � 'Y � a j5337 �� , ,. �..::�-..Si:sN� � . ., ?� � t`' ' ^' ,,. ,' ` `• '"" ', W 3 . . � ,. � .� ,�,,. ..,.� ;, v.,'; n•�. • JSi.� . t� t'. '':.: : '. ; s� ;.r � ;.,:�p.� 5��4 a, ,,.,' � Q• . � {-.l : �!y' (�� Y/iY. ! . i . : : .�;rl� a ,bJ1j, 'I",'' in . '=�; .',/..y'.at� j� ^.. �••Y:� . } :< '_e� • � � �� Y;'^~'�'• `� y ~;~, r � �-`�,! . .�'�_�. 7 '�. ��{� ��r�\(lill�� . � , ._ �_t �:�-; ,,.,, j� a-�•t.$(� , �/"Ja'�:'J� ♦ �i �l. � �`� � I t '�.1: ij : • •_'�' S -� t,� •, � ` Yv; I' � j ��. .: : � :A� I �. . ;� � : � :. . �;'ti Y S !: •. a � ��i: , � , �9 � O _: `' P,� . �_�. � �� 2 � ....� .�.. �.. , � � � . .. lj. �, • Jti l` .:� , ..� ,'�t, �1 � =�ii � �.)t�t 53�3 : . ?q,, • °a • . .. n.,; � . ._.._.._ �,,:1 �Y____r�.. . ., { � t � 'bP ,� � 4 � ,i y • � ! . t. •.: � i ;�' 53 Z`V �J��L� �, /' - :Y :I:� ��'..) � s,, �� a fa ! : ; ��i'w � .t. , 1.. . . �_._.___.1 �'� � � • i��• i� ' it� : V 11. .� j . '�..�! '. .._� :...✓!. � --_._-";i �� i �.i 1 ' .. �� • � �.�� { � 1 d �?..� � .,�:;at. _ ��- :) .'.'S L �..:; .. ,'i ..�;- �_.:..,:�.�....li. ��.._,.. �. ___.� ��1tL. ._ I, �� ...,._.,........_....-�-.--�-------""....,...�-.._.r-..--... ., _._.._ - - -- .f,� � �' SUBJECT: Prom Uie desk oI NAS1Af �?UItES11I CITY 114ANAG�R'S OFI'ICG �Bia-l�eaa^d Ordinance Review by the Planning Comnission. Inquiry by Councilman Schneider / / -J� MEMORIINDUM DS-518 F,��a�r�,aaiiv� Mr. Schneider�inquired regarding the status of the review of the �'�.. '�g�-' ordinance by the Planning Cormnission. The City Counci1, a couple of months ago, indicated to us to send it back to the Planning Comnission to see if there was a way to amend the ordinance to include factors like size of the buildin9, distance from the highway and different site problems to increase the allowable sign size--hopefully to minimize the various variance requests to the City. Thank you for your assistance. NMQ/ms 9/15/78 - Jerry Please note above which indicates free standing signs should be discussed by Pianning Commission as requested by the Council at the Aug. 21st meeting, DS/jm '�„� REGULAR MEETING DF AUGUST 21, 1978 PAGE 8 Councilman Nainernik asked if the motion was to deny the request. Councilman Barnette stated yes, the opposition �ras the exctusive use. Whatever can be aorked out between Dr. Coudreau and the church is fine. Mr: Qureshi, City Planager, stated that most of Lhe groups we have a joint venture approach vrith, use the City facilities and assist in the improve- ment of the facility. Ne suggested maybe the church would like to contribute to the improvement of the facility by giving.money for the underground system. Dr. Boudreau stated�yoa are saying, hoo-rever, that they can use the field for practice and games. Councilman Barnette stated yes. Councilman Fitzpatrick stated we can support the motion on the floor and ae do not interrupt their program. Councilman fianernik stated if the academy is going to be playing games there, tfiey might consider sliaring in Yhe cost of lining the field. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. APPEALS COMMISSIDN MEETING OF JULY 25, 197II A. �LlU4PERT LUMQER: 7600 TFI 65, SIGN YARIANCE: Mr. So6iech stated the Appeals Commission denied the request for a 1D'x21' si9n for Lampert Lum6er but did recommend an 8'xl8' sign. Mr. Carlson from Lampert Lumber was present. Hr. Carlson showed the Council pictures of the signs he planned on using. Mr. Sobiech stated Lampert had made considerable improvements on their property. Councilman Hamernik asked how big the existing sign was. Mr. Carlson stated 6'x14'. Councilman Namernik ask Mr. Carlson if they were planning on using the same pile-ons. Mr. Carison stated no, that would be changed. Mr. Sobiech showed the plan of the si9n. MOTION by Councilman Hamernik, seconded by Councilman Schneider, to deny the 10'x21' sign with a recomnendation that they be allowed to put up an II'xiS' � sign. Upon a voice vote, all voting aye, Mayor Nee declared the motion�carried unanirtwusly. tounci7man Schneider asked if it would be appropriate to have the Planning Conny'ssioo review the ordinance. � - � / MOTIDN by Councilman Schneider, seconded by Councilman Hamernik, to have the � Planning Commission review the ordinance section�on free standing signs. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 'Li1RSI�0ERATION OF EXECUTION OF HILLTOP FIRE PROTECTION CONTRACT: Mr. Qureshi, City Manager, stated this item was for execution of tfie fire protection contract. MOTION by Councitman Hamernik, seconded by Councilman Fitzpatrick to approve the execution of the fire protection contract with Hilltop. �pon a voice voie, atl voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF EXECUTION OF AGREEMENT WITH SUPERAMERICA: � 5667 UNIYERSI7Y AVENUE N.E., SPECIAL USE PERNIT SP p77-77: Mr. Sobiech stated the Council granted approval in February. Based on what the staff heard at that meeting, we feel we have come to an agreement which is more appropriate than the one proposed originally and approved. At that time it was ��. �� ,g _. , � _; 1 � � ENERGY COMMISSION Interested in Serving Betty Enkhaus, 6737 Monroe Street N.E. 571-1652 Donald E. Wall, 6850 Washington Street N.E. 571-2273 Mr. Wall is presently employed in energy field and his work requires him to travel extensively. He is very interested in this commission and would like to be considered as a resource person. He will attend meetings when possible and would like to be kept informed as they progress. September 26, 1978 �� '� D-135 Coon F�pids A-3370.Fridley� SEFORE THE MUNICZPAL SOARD 0£ THE STATE OF MINNESOTA Gerald .7. isaacs Chairman Robert W. Johnson� .Vice Chairman Thomas J. Siwnons Member IN THE MAITER OF TFIE DETACtLY1ENT FR�'4 THE ) � � FINDINGS OF FACT, � CZTY OF COON RAPIDS AND TfiE ANDTEXAT20:3 1 CONCLUSIONS OF LAW, � � TO TIiE.CITY OF FRIDLEY � � ) � - AND ORDER � � . On June 12, 1978, the :dinnesota ^lunicinal Boazd received a r.esolution fmr� the City of Coon Rapids wnich rea_uested the detachment of certain pronerty and on Sune 19th a resolution from the City of Fridley which requested the annexation of the same terri- tory pursuant to t�linnesota Statutes 414.061. After review of the resolutions, the !tinnesota biunicioal Board hPreby makes and fiie.s the followina Findings o° Fact, Conclusions of '.aw an3 Order. FIVll?;IGS OF' FACT 1. That a resolution suaoorting detacnment of rertain properties was received from the City of Coon Ranids anci a rnsolution sugoorting annexatior. of said pronerty was re- ceived from the City of Fridle:�. 2. Tne resolutions contained all the information requir°d b7 statute includ:rg a description of the territory proposed for detachmenC/annexation which is as follows: Lot 24, �tississipni Oaks and tlie"Easterly 84.5 feet nf rot 17, Auditor's SuY�d?vision iv'o. 103 Revi=ed. 3. The area proposed for Aetachmenr_ is situated within the Ci.ty of Coon Rapids and abuts the municipal boundary of the City of Fridley. CONCLUSIOPIS OF LA4�I L The M;nnesota Municipal Soard duly acquired and now has jurisdiction of the witliin proceeding. 2. An order should be issued by the btinnesota D7unicipal Board rnncurrently detaching and annexing the area described herein. O R D E R IT IS BEREBY OItDERED: That the following-described property be, and the same here- by is, detac!�ed from the City of Coon Rapids and annexe�i to the City of Fridley, the same as if it had originally been made a part thereof: Lot 29, Mississippi 0aks and the Fasterly 84.5 feet of Lot 17, auditor's Subdivision No. 103 Revised. � : t.. ��loi -z- IT IS FURTHER ORDERED: That the effective date of this order is July 7, 1978 Dated Lhis 12th day of July, 1978. MINNESOTA MUNICIPAL BOARD �' 165 Metro Square Building St. Paul, "�innesota SSlOT p1 � � � l�c�w ri�"� L�>r.�ci-% / Patr.icia n, i,undy �. ASS1Gt.1i:t F';Lnr�lt].V�? D].I+'rtOL 1 � II CPPY OF FRIDLEY r f CALL TO �: Chair�n Richard H�rrie called tLu� Srpteaber 27, 1978, P��B ��esion 1�Wtia6 to �xder at 7:3� D.�. R�LL CALL: Members !'resent: Ned Storla� LeROy Oquiet, Richard Harrie, P�t Gabel, Jaaes T,angenfeld Mnbera Abaent: Rmbert Peterson, VirQinia Schnabel Oth!!s rresent: R�y Latk, Associate Planner APPROVB PI�AHliIHG COMIQ�83I014 MIlI[TPF.S: S�PPSI�ffii 13, 1978 MVPIOH by Nr. Oquiat, "s�comded bJ I�r. Langenfeld� to approve the Sep'taober 2'T, 19T8, ' aa n� Ca�issiwa 1lintites. Ghairs�n H�rris cal.led for diacuesiaoa. Mr. Storla sia��d that on p�e 3, 7th puaQr�ph� he otated th�t tiu il�als on Whe�ls iruull bs crott of Unity, not the Com��rtpta D1s1aQ Roqa. lfr. Iwek etat�d thaS o�n pa`e L, first paraQnph, 1t etats� t1ut the Faderal Go�erma�nt rill embeidize. It ah�18 read, the Stats will embsidise. UPO1V A V�ICS VOT&� ALI. VpTIFG AYE� CHAIRMAA HARRIS DHCLARED TAE I�OTIOH TO APPRpVE 'PH3 S�PTR�&R 13a 1978� PI�ANAING COlBQSSIOA MINUI'ES. AS C0�&RECTEii ' e��.�n �mraN��L�r. i. � t_ a �l.i� _ . a17aa+�m+V: rer usi:d�vu cv�.iJff Jlu� rv aai.arw .:wasrm��aw+ u. v...-� �l�al ploin) oa Lots 23, 2�►, 25, Block U, Rivervier Heighta, the sw bei.aa 8053 xiv�rvlew Terrace A.&. l�!'�9di by llr. �ongeateld, seca�nd�! by Ms. Gabel, ts open the public Leorix� '�e Sp�cial Use Persit aL 8053 River�i�v Ternce H.E. F�t'i$Y A VQ�CE V4'i'S� pLL VdSING AYE� CHAIRl6AA HAIYRI5 I�LARED;T� PUBLIC HEARIIJG . *�SN AT 7:35 P .M. CLairna A�rris ask�d Nr. Leek to pr�stat hie imforiatioa. Nr. Ltsk etatad ths�t th�a Plauiing Staii has nrie�nd the Special Use Pernit rtqwst wd there aa�vv three coaditiacie that aast be aat for tht reqru.t to be e�nsidtrad for approral and thq are se folloxe: PLAUSIIK3 COi9Qi8if�1 1�R'INf3, SBPTi1BIIt F7, 1978 PAGS 2 a. ,If the li'C le 2 feet belw tLe 50 rear ilo�d plain lw�al, ths hous� i�ae to be d�slp�d by s rs�iaterad ea�izser. b. Ths DIIt aiut ]sa�t no ns�lre cerate rKar8lnr 4h� denlopmst. c. 15 feet am 47.1 sides of the bnildiaa aast be above the tlood p1Rix'+ lerel. Ia rnievin� the pl�s aubaittad by Idr. 8iai�lber�, w ltm�d that tLese coniitiona ara a�t. It Las bs�a ewbaitted to DI�t ad tLq have art ca�yted nf`atir��jr oa it. In fact ia de�i�nir� tiw Merie, ve find that it is pla�nad to be 2 feet abctie tl� reqnirewat. C}uirra Ffarrie amk�d the petitioner,':Mr. Al1ea Stahl.ber�, to step forrsrS. lls. Gab�l asted I�Ir. Leek to elarify what he a�an� by 15 feet. I�r. Le�t stats8 thst th� 4111 a diatanc� af 15 f�rt arovmd th� buildin� aast be 2 f�et abovs fleod plain level, anA t� elevatfona whleh Mr. Stahlb�r� shova a�n i�is plaae ar� vell abcm that. 1�4�. Aarrir aek�d for copie: of tLe building plans. !tr. Hasris asked Mr. Lest if t� el�vatiom of the top �f the baeqent lloor ie abo►� flood plain l�»l. Mt. Leek said it ��s. l�r. Harris atat�d thaL ths pLas shw it to b� 2 f�rt 3 1�2 isfch�o� whieh is wll abm�e the ll�od level. l�. Harris askai if tiure wxv avy �ewr probl�rs is tbat rrea. Dh�. LNk stat�d 'Ek�t tt� Plaania� Staff ha� t�lked to Lhe �iaasrins Dep�rtatat, and the d.taile of i�. Stahlberas plsae ee�a to hnaile any eever problems. Tie Ir�iaeeri.a� DepartMnt has no probin rith tkis. Nr. Harsi• stat�d that he ��SCamcernad about ths City's aitnatian, bacaw in the paat thq have had e�aoe probleae. �. Lat��nf�II asked ltr. Leek if there rould be aqy probl�e �+f.th draia�e. ltr. Lesk state8 tLat, rlth thie yarticular property, thq did aot 4ntieipate aipr drainai� problais. lh�. 3tl�hlberg hafl no qsusbims or ca�nts. lAr. A�rrie arked tha,t anyone in ths audleacs:inLar+ested ia tLit raqmaat to step ter�ard. Itr. Fr�nt 8paha addresNl the CNatsaia� �aA stat�d tLat lu �s appear3s� tor his dau[h�er vho cwne the lot aerose the street fra� Mr. Stohlber�. -Mr.-Bpeha �#ated-that Yse was iatsrest�d ia Mr. 3tahlber�'s lot bscanse his daau�khter's lat �s very anuh the ew and xill rsquire fill. Mr. 3ymhn aeked ths Ccoission for su�eeticmo rKardin` ?aie dRU�ht�r' a lat. r. '. 1 ' : ♦ I;af �; `1:1' :i G [�' !� : ' Mr."Harri� stated that if %r. SpoLn'a datighter ia plaaning to build an the lot� h� svageets tlut before ehe aake u� plans, she ooataet Stafi iWber Darrell Clark and he can give her all the yartiaulars that �he muet neet before ohe can bui18 ia this porticulwr area, wnd she could tk�a proaead. ldr. Spohn tkunkei! the Cadieeion. MOTIQIi by Mr. I,aeaenf�l8, s�c�aded by Mr. Storla, to close the publie heariaQ fer a reqwst for Speaial Use P�rmit� SP �78-10. Ul�R A V0IC8 VOTB, ALL VCTING AYE� CHAIRNAH HARRIS DBCI.AB� T� P UBL Tr t� pR nv� _ ,CLOSED AT 7:46 P.M. Mr. H�x'ria callad fo� discuesioa. !h'. Laosluftld sC�'!sd tkat he felt = MC. 3tihlblTs Lis taltla ill 'th� asesseary etlps t0 aik! ofT'taia thYt thl— r!a e�nditi0us Were met, and other stipulations aai� br the Citr. Hm yoint�d out tbat it shou]d be etnsaefl, ae it has bsen .�n fihe pa�t vh�n Specisl Use Perslts v�ele �ranted in thie areo� tta t the bm�den ot a�r pr�la�s lios xith the devsloyet, not the City. MEiPIOA by 1dr. I,��eafeld� gecGm8�8 by Mt. Oquist� tio recommend to City Council pproval of �ttie request for a Special Use Permit, SP-�f78�16;- y en B. Stahlberg, per ect on � ,, D, to a ow construction in GRR-2 Zoning (flood:plain) on Z,ots 23, 2f+, 25, Block U, Riveriview Heights, tha same being 8053 Riverview Terrace N.E. Upan a boice vote,�r vot ng aye, airman Harris declared the motion carried unanimously. is sugge a n . e 6'ontact orothy-S venson to find out when this appear on th�Cou . - blr. 3tahlberg thanked the 9a�iseion. 2. PIIDLIC AEARING: REQUEST F�t A SPECIAL ilSE PBRbIIT, SP #78-11, B7C AMOCO ViY VV�Ylf1�1 [y Y Vl Vilf�Wff�W Viy liV1RC{"�1�1� Si1 Vi'r�iY1V11 CV��iVi� ,,, o enr th� oper�tiraa� o �► serv es e atim eith car xaeh faoilities� on Lots 16� 17, 18 a� 19, slock 13, Hamiltan'a Addition to Mechanicavillc, the aane being 5311 Univereity Aveaue NE. I�TIOPi by Mr. Oquiat, eeconde8 by Ma. Gabel, to open tie public heering for a reQuost for Speciol Uee Perait, SP �'(8-11 by Amoco 011 Caepany. UP0$ A VOIC& V�B� ALL VOTING A]C&� CHAIBMAN AARRIS D�CLARED THE P UBL IC HE AR ING �EN AT 7:50 P.hf. C}uira�n Barria aaked bh�. Lsek to yreseat hi� iaforaation. R. �.I ,1 ' • II:N. �'� Y�,i' ;i. I: :�' • � ilr. Le�Y etated that after revieaing this reqwst, the Staff wotild reca�snd agproval of thie 3pecial Use Perrit rith the stipctlatian that if amd vhea tiu east ead Of t3u piOper'ty��as completed and the allev was vacated, Amoco Oil Ca�pa�y �ke fiarl iaproveaents aL that e�i of the property. 1�[r. Ltek etated tLat h� vould aleo like to poiat o�t for clorifla�tiar to the Comrissian aa8 to th� petitioner a fev iteae Mr. Boardsrn has discvssed vith ih�mm. Tkhey ore ae folle7rs: a. �'he bYildin� ehould be surrounded by a 5 foot eoncret� apr�. b. On the north end of the property line, allovances aust be �acie for a 5 foot area c+f ].andscapina irom the property lin�, and there should be iandseapin� area at the northrestern corner of the property. Mr. Leek poiated out that the arsa around the brailding can be either pour�d eonarete, er conerete vith wood chips, and tlu landscape area to the north should b� sodded. Cha,irYn Harris eeked t}ut the represeatative of the petitioser etep for�ard. llr. Harl�n I�Gr�or of tlu A'oco Oil Ca�pony ca�e forvard. kr. 16cGr�r askad for clarifieation of vhat lh�. I.�ek �eunt by final isprore�ents 1f th! illq Nas vacaeed. I(r. Iw�k stat�d that th�y �ean eurbinQ oi saee rort or a final separation irom the aljac�ai �roperty bq f�ncin` ox� other a�ana. Dlr. MeGre�or a�kecl if itwas antieipated t}a�S thie alley�zuld b� v��;:; tilr. I,eek statad thati�twas a� aaticipated at this tiat. Mr. Uek etatad that the tnsh pick-np lxatiam vas not dtt+tilad an the eite plan aad vwld like rerificatioa of where the trash pick-up locatioa �outd l�e and hmr they iat�ndeet�t�.��,et�,;it. llr. 1fCGT�T atYtai thit it `iwas presently on the north side .of the buildin , � was hoard on board cedar, hut wou pro a re-oeafed to th� rear c� the �__i�aa__ � - ltr. Leek Qa�s th� Ccaeiesion cvpiee of the site plans� fcr thsir reviw. lik'. Htri'is 1�Sketi 3P it i,,�� corrPrr rt,..r�.e�,o«.,.r� now. Mt. 1kGr��or stat�d ibat that �was-correct 1�lr. ikGx'e�or asked vt;y the five foo't apron` was required around the b 1�. G�bl1 bteltad that thiaGias a�on;,,Q r�a�irement if�. HaTris 4tated tlut thia �t5�,s required in order to nrotect the building, to_ _ keep all vehicrlo�r traffie nnpr ie�aa ths byildina. Mr. Aarrie reiterat�d thst this was a part of the Zoning Ordinance. PT.AliBIHG C019lI$SIOA �'FINti, �'PEiB&R 27, 1978 PAGS 5 kt. H�sis ask�d i! th�y vonld ezpasd tk� �ar�� facilit�r� or if thie was a_ aer �r nsh operatiar. lir. linGrKar et4ted it roald b� a stall �dditiaa, to ellm► for tha car rash. ltc. Barria �t��sted that Mr. MaGr�or aheek vith th� fire sarsifull re,`ar3i.nQ t�e underQrartmd ator�t tants. 10r. Harris statad th�t ainoe thsy will be dri�is� lwea, they aS,7 have to be c�vered rrith concrete. Dfr. Oqttist aeYed what the houTS for the ataiion wotild be? 1�. McGrt�tu� staS�d thpt vith the ne�r Mirmesota Fraacbise Lav, Aeoeo cAnaot aletat� hcnara. Thie vill be Aecidsd by the oper�tor cf the etati�. Dh'. Lat�eufeld Y�1[e8 MT. Ls�t if th� Staff had: anal,ysed tht isoreas.d tr4ffiC tlin► t� ite if this ��ld be a hazard'. t0 ths �lIIeril �relfai'!• Mr. L�tt atatsd 4bat a for�rl at�dy 1aas�+ nat b�en �ade. Mr. Lanatafsld �sY�d ii they aarld a�svst t2fat t2u hevrs v0u].d eontiaus the esa�e �s �w. 1�'. NcGSM�sr �tated that the atati0ucias now closed, and a new oQerator __ _ would be taking over, The new operator would determine the hours. 1(C. HtTl1� at4tM1 'EhYt the Cc�tissiouti aould make a stipulatiori on the 8pecial _ i3s! PfTadt TlsiTd1111� hY�u'B. --_" —. . . lla. Gabel statad tL�L wnleas the hoqre l�rs an ia�et an a reaidsatl.al n�i�hborhocd, sh� vouLd hesitate Lo 8o it. `13x, Leek said that there would -P *' 1-an�.�-zo� ��,�$rege�-t�$t -,9333_i�n�versity venue when that property was reopened, He said the sign company had withdrawn �ha�_r._x€qpe�ta but_ the City had otner inquiries on Chat property. lbl'. LtYk �t�tt�d ttiat ; r�qT f�as� would be required on this property, and_ the stipulations were the same that they had as�ced- or� at e time they approved the sign company. -- Mr. Harris stat� tiiat the Zonio� Code nqnire� a pb�aiaal eepars'�ian betreea car�rcis� �d res�,deati+�fi-s�reAS. Ni'. fiQLii/t itat�d tbat the al1�Y k'as the physical aeparation at this time. When yg� y�j�yaas vacated, f��would be requiied at that time. --- --- Ms. Gabel asked if thex vould be ac�ythiag stored in the rear that shovld be isac�d. Mr. McGresor atated that nothia� vill be stwrod. The trash pick.up location Mll be then and Mll be enclos�ci. No equipwnt or �thing alae would be �or�d outaida e PI,ANATING COMAI3SIOH 1�6TIPiG, S�ER 27, 1978 PAGE 6 MC. �iaTt'ie 8t4tm8 thAt h6_was concerned about the car wah operating 24_honr�_ __-- a day� b�osn�� the nsidente ia the r�aT �would then_be affected by lights and __ _- _ noiae frao the care. Mr. Harris ataSed tlut he �rould like to sea the Pacility cloe�! betf»�n th� houre oi 10 p.m. aa8 7 a.a. Na. Gabel asked ii Mr. Hnrrie awat the wtire taaility� or just th' car wash. Ah�. Harrie eta�tad that bscauae the exiatiaa facility wws �randfathered in, it �c�u].d be ditiiamlt to iaqiooe r�strictiona at this yoiat. Bnt tiu car �+ask was � s difiex�nt matt�r. — Mr. Mc6re�or atated t3�t he could vnderstand tlu niqht lisitation, but waked t1u C�issiou to recaarider the �ornint liaitatios. H� vould like ts eee it t�pen at 6 a.a. inet�ad of 7 a.a. Mr. Narris aQread. Ns. Gabel etatad tLat she didn�t like to sse hour li�itationa plsced an a busiaesc� but beaanse of the ef�ect ar residente in the rear, it was unique. _ Ms. Gabel mtatad that there xae a bi� probles rith the property neYt door� 5333, at cme tise because of the noise �t nisht ira truake ond cars. M!. Letk Ststld thtt thCTe � the opt�.on of the petitioner providing screening __ alo� ths back al the 2at to yrevent the probles of 1 s. Mr. Aarrie agread. Mr. Hsirris etated that if the petiti�er wishad a 2k hovr operatioa of the cor waeh, th� City vquld be rillin� to look st scrNning. 110TIOH by Mr. Lan�enfsld, eeconded by Mr. O�gn3mt� to clo.e the pnblic heariar or a rsqr�st for Special Usa Persit, SP �78.11 by A�oco Oil C�pa�. tl�E,1N A VOICS VOT&� ALL Vf71'ING AYE� CHAIRMAN HARRISI�CLARED THE PUBLIC HEAR7NG ` ,L�OSED AT 8:23 P.M. --- — -- --� — -- --- - - _ . — +__ _- __ — _ - — — -- MOT IDN by Mr. Langenfeld, seconded by Mr. Oquist, to recommend to Council approval of the request for a Special Use Permit, SP 1178-11, by Amoco Oil Conpany, a Division of Standard Oil Company, per Section 205.101, 3(E.H.) to allow the operation of a service station with car wash facilities on Lots I6, 17, 18 and 18, Block 13, Hamilton's Addition to Mechanicsville, the same Deing 5311 University Avenue N.E. with the following stipulations: A. in the event the alley is vacated� final improvements be made. B. The building be surrounded by a 5 foot ca¢icrete apron. C. On the north end, a 5 foot silowaace for landscaping fr� the property line, and in the northweatern corner of the lot there should be sod. D. The car xash ia not to be conducted between the hours oP 10 p.m. end 6 a.m. E. Screening will be provided along the back or east side of the property�. in lieu of closing between the houra of 10 p.m. attd 6 a.m. PLANNIIdG COMMISSDN MEETING, SEPIEMBER 27, 1978 - Page 7 UPON A VOICE VOT, ALL VOTING AYE, CHAIRMAN HARRID DECLARED THE MOTION CARR]ED UNANINOUSLY. Mr. Harris said this would appear on the October 16th Council Agenda. He asked Mr. Leek to notify Amoco Oil Company if there was a change in this. Chairman Harris declared a recess at 8:35 p.m., and reconvened the meeting at 8:50 �.m. 3. CoNTixcJED• MEbIOSAtIDtmS c7F aGx�MEN'P I�TIOft by Dtr. 5torla, secon8od by Mr. Oquisti to contiaue the Mmorandim of Agrs�nt until ths Hus�n Retourc�s Ca■eieeioa fararlates a arstsa to proceas char�ee. Ms. Gab�l stattd tk+at she xould like to ask-- a few questicme. Ms. Gai�l aske8 if there is aa�* srqy thsY can projsct the aumher of charQes per y�ar. Mr. Storla �tat�ti tlaat Coon Rapida hae aot had a�Y caopl�t�d chnrQes in the year th�t tkuy have had this. ipls. Gab�l aek�d ho�w lon� iL tak�s to resolve a coaplaiat. 1�r. 9tor1� etated that 1n the Minassota Hvman Ri�hta Dspartment, it tak�s 18 a�the for the D�part�nt to get to tlae caaplaint o� the evere�e. Mr. Starla etat�d that he lue nc etatieti¢s as to haw lo� it takes after they Qet to it. blr. Laa`enf�ld aeked if the 11e�aoraadu� rsfera to a�+' specixl group of p�edple. ldr. Storla stated that it dces not. Ma. Gabel refsrrad to pa�e 10, par4graph 1, re�ar�ing a sember oP the Human Resoure�a Huna� Rights Ca�iesion acting aa a reprerentative for the charginQ party. Ma. Gabel queatiouai hon the Coarmisaion vill s�leet the rmpr�aentative. Mr. Storla statt�A tioat the Co�iasion hat not �et dlscussecl this. Ms. Gabsl asYid rhat the lepl rviYicqtions of Lav1aQ a Com�i.seian aesber aa a repnstata�ive. 1ir. 3'torla atat�rd that the St�te Htm�n Ri�hta Depart�nt i� liable ior th� aetims of the regrewatotive� aot the Fri8ley H�n Righte Co�leMiem. Mr. Storla fusther statad that the State giv�s our Ct�iseion ttu option to be¢o�e their in-take oificer and to'try to conciliate ths problen, or to aolve St. It ws cannaC solve the prObles, ve etill har� bset► the in-take officvr, aud tire th�s � cop�r of Lhe i�a, aud they vill then iundle it. .�.. �...! 1!: . 1� � I;d:' il' ul il :_{' • � i UPOB A VOICS COR'E, ALL VOTIAG AYE, CHATRMA�T HARRIS DBCLAIiEU THE DlOTION_____-- __�R]E� UN�IIMO��Y. _ ___ __ — ___ . _ —_ - — 4. COA3IDSRATI0�1 GF A RHQUEST BY TH& Cl2'Y Chairnan Harris ca17.c8 far discusoioa. t�1s. G4be1 statid thitt Cmuncilmaa__8chneidQ�_informed_her_that he_thou _shPYP rrere tou m4qY requeste for varisaces. Mo. Gabel ettted that in reviewinQ the requeska for variances which have been preaented to the Appea�i.s Ccf�iesion, she dws nat feel that there have been an exceptioaal. ncimber of requests, ��nd Yeels that the veriance proc�ss has kept a�ood handlt an them. Me. Gabel �'tpted tls8t iY 'Ehe eig� Ox'dinanC! was too lenient, we will have unnecessarv_ _— - — -------- - si�s_all over, without the petitioner having bo prave a hardehip. r^ MDTIDN by Mr. Langenfeld, seconded by Mr. Oquiest, that the'Planning Commission recommend to Council that after discussion on review of the sign ordinance, we adhere to the purpose of the Sign Ordinance, to remain a comprehensive and impartial series of standards, and not Co alter, change or amend any further etipulations within the Code. Upon a voice vote, all voting aye, Chairman Aarris declared the motion carried unanimously. 5, gECE IVE PR� OSED CHANGES TO CHP.PTER 205, ZONTN� MOT IDN by Mr. Oquist, seconded by Mr. Langenfeld to receive memorandum f�om Mr. Boardman regarding timetable for zoning modifications. In reviewing the timetable, Mr. Harris stated that he felt it would be difficult for the Planning Commission to review the changes in two meetings in December. Mr. Harris asked Mx. Leek to discuss this with Mr. Boaxdman. Mr. Oquist felt that three meetings would be necessary. Mr. Harris stated that they would endeavor to adhere to the timeCable, but couldn't guarantee anything. UPON A VO1GE VOTE, all voting aye, Chairman Harris declared the motion carried unanimously. __. _ _______ 6 gECEIVE gUNtAN RE50URCES COMMLSSIONMINUTE5: SEPTEMBER 7, 1978 MOTION by Mr. Storla, seconded by Mr. Oquist tQ receive the minutes of the Human Resources Commission of September 7, 1978. Chairman Aarris called for discussion, PLANNIIQG COFAIZSSION I+➢'sEPII�, SSPi'SFIDER 27� 1978 PAGE 9 Ms. Gabel rsferrnd to pa¢e 5 of tLe ainutes, re�arding vhether or not Fridley resl8ents rrill be given priority icr reatal in the Village Green. Ma. Gabel aakad foa� a elar�,fieation of this. Mr. Oquiat stated thst they cannot intentionally 6ive preference to Fridley residents, that they �st Yollw st�te guidelines. Mr. Oquist stated �hat all ather thinga being equal, the poseibility c�f th� Fridley resident getting pr�Y�renee is there� however� it cannot be built int0 the ayetem that Fridley reeigeats will get preference. Ms. Gabel aeked if there �rill be minority quatas. Mr. Oquiat atated tk�at they canaot have quotae, aad canaot turn anyone awe�y becauae of being in a sinority. Mr. Leek stated thet becauee of fi�he Bakke Decisioa� there can be no quatae per se built iato sa aY"Pirmative action pro�ran. t&. Harris aeke8 if tha problea concerning Wickea Furaitvre hss been reeolved. blr. Storla stated that it hae not yet been reeolved and that he ie going over there ta�orrow to look into it further. UPOPI A VOICi� VOTE ALL VOTING AYE� CHAIRMAN HARRI3 I7�CLARffi) THE e9LYPTON _ CARRIED UNANIMOUS�Y. - - 7. RF,'CEIVE CO�Ifl�ltnvi'PY DEVEi.OPI�+RT CoA!¢SSIOx atiNtTPES; sEPTEt+�ER 12, 1978 �`1'ION by Mr: Oquist, secouded by Ms. Gabel to receive the Co�unity Development Cc� �ion Minutes of September 12, 1978. Mr. Oquist etatad tLat on page 3 of the minutes� Me. Gabel would find the anever to her question retarding sin�rity quotaa. UPO� A VOICE V� ALL VOTING AYE� CHAIRNAH FiARRIB DBCLAR� THE b10TI0N ' Ck1ltR�ll i3iiEd+TB4(iH$�Y�— - � - --_ __ -.----- 8. x�ivs aPr�s co�¢ssiox xtxvrES: s�� 19, 19'l8 I�IODT by Ms. Gabel, �conded by Mr. Lansenfeld� to reeeive the September lq, 1978, App�a. e Caatissia� Miautea. Chain�aa Harris callad for discusaiom. Mr. Harris aeked vhwt tha statue is oa the suit on the �0 foot luEe. Ms. Gabel stated that ehe understands tLat they are �oin� to court to set a elate to �o to court. Mr. Barris and Me. Gabel aaked Mr. Leek to let them knanr if he learns aqS+thing re�ardiag thts. UPO� A VOIC& VATB, ALL 9l7PIPiG AYE� CHAIRMAH AARRIS DSCIJIR� TA8 I�ITION reuumn UNt�T1M0USLY. -. . _ __ . _ . -. ------ ------ --- -. _ __ __ _ - - -�, r.'-I ! ' ! �� 17i' !'' '1:{• C� I: Ci: , i � 9 Or�t stl3laass METIOH by Ms. Gpb�l� e�ec�ded by 14: Lrr��enftld, to rteeive doc�nt reQardiag �rtacimeat��anezatien of Lat 24, DQisalasippl 0ake and the Ea�ster],y 8�.5 feet of I,ot 17� Auditar's 3ub8i�ieion No. 103 revis�d. Mr. Oquiat Questioaed s►k�jr it took 3 aonths to recaive this doct�nt. Me. Gabel stated tLat it sametimes taket the Court 3 aoo�the to Broduee it. UPOP A VOICB VOR'S� ALL Y4R'IHG AYS, CHAIRMAN HARRIS 1�CLARBD THE 1�10TION -----_ - CAIfA7ED UNANIMOUSLY. � M�TIOR by Mr. 3torla, seconde3 by Mr. Oquist, to reesivt eo�unicatisn regarding c cal examiaation; 5544 E. naaube xo.d. Mr. LaeQsnfeld etated that this ie the type oi t�ng the Snviro�ental 44wlity Cem►iaaion xas hopinQ the Couacil wotil.d do before mkia� acq aovea in reQarda to d.velopsent ia aituatioua like thia. Nr. Harris atsted that they vere concerned with tiu type of �aterial they wre durping tYur� and whether it was leachinQ into the ground r+Ater, and appareatly this was in response to this. UPOH A VOIC& Vf1P&� ALL YOTII9Q AYE� CHAIIiMAH HARRIS DICLARTD T� AlOTIOd�i _ CARRIED UNANIMOUSLY. \ - ---- ---- -i MI3TIUN by Mr. LanQ�nfeld� s�cvuded by I�e. Gab�l to recei�e c�uniaatioa r��ins !RSt:basements ia ftorth Iansbruck. Mr. L�iiQYnfeld atated that it awas known that one basement actually crumbled. Mr. Lar�enfel8 requestad that the Hiviro�mental Quality Ca�i.seiaa� be giv�a a copy of this caaunicrtisa. Ilr. I.angenfeld stated ti�at the Eavironmental Qnality Ca�sisaicm vaa planninQ oa invlting Mr. Meeeerli to a a�etisg to infa'a the� ae to what was taicing place. It apptlre that he was gding on his own with signatures to try and seek 2egal -- ---- asaistanc•. — -- - - - Mr. Hsrrie atated tixt Counciltian Schneider infoz�ed hin that he wiehod to del�,y action until the eituation eettlea drnm. Llr. Aarrie atated that he avageat�d to Conaci]�n Schneider that v� co�ntact the Cc�miasioner and inform him of aur displeasure in the total handling of tht situati�n br the Re�iQUal F�ydrauligiat. 3ince thln� theT� was a Ietter in the file from Joy Alexander, Gasissioner of Natural Reeources n regar3s— ��F�e-sa��er �mp]ying thRb then �was nothing they could do about it now. Mr. Harrie believe� they were tXying to whiteR+ash the whele eatter. Mr. Harrie stated that �cussed this �+ith J�rry Boardntn and Darrell Clark, and it seu�s that tlu DHR made a atand and fraa tk�at point oa�� they backed away. PLAHNIl� COI�QdISSION MEEfING, SEPTSNIDER 27, 1978 PAGTs 11 UlOH A o0IC8 VE1!�E� ALL VOTING AYB� CIiAIRMAN AARRI3 DI�CLARSD THE MOTION _ �ARR7ED UNAN7MOUSLY. _ -- ,,.,,__— __ - — — iqTI�R by blr. L�ngwfeld, s�conded by Hr. Oquiat, to receive ec�uwiewtion resar�ing ffiergy Ccimmissio�n. Mr. Langtnfald etated that thay have four swbers for sure. Mr. H�rris statad tLat the� mre hoping for 6 or 7, but sight have to settle for 5• Mr'• Ean'is state8 tlut ku vill chair the caa�ission taeporarily. UPOH A VOICE VOPE, ALL VOTIAG AYS� CAAIRliAli AABRIS D�CLARffi) THE MOTiOPi CARR7ED UNANIMOUSLY. 1103'ION br Alr. Storlp, s�condad by Mr. Oquist� t0 �elj�he meetinQ. tJP(3BI A VO�C& VOTE� ALL VOTING AYS� CHAIRMAN HARAI3 I�CLARED THE E'�L�n1ni ING COMM ISS IDN ,_?�'ET ING OF SFP TEITB��27, 141$�ADJOURNED AT 10:00 P.M. — -- — --- --� R��peetful�q eubsitt�d� %�_/ i � � �_�i ,-r"y