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PL 03/18/1981 - 6754. � CITY OF FRIDLEY AGENDA PGANNING COMMISSION MEETING WEDNESDAY, MARCH 18, 198i CALL TO ORDER: ROLL CALL• APPROYE PLANNING COMMISSION MINUTES: MARCH 4, 1981 1. P.S. 7:30 P.M. PA�ES �1 - 9 RIAL 10 - 37 Rezone Lots 1, 2, 3, 9 and 10, Block 3 and Lots 1, 2, 3, 4, 7 and 8, Biock 4, of Proposed Plat University Industrial Park, from C- 2(general business areas) to M-1 (light industriaT areas}. Lots l, 2, 3, 9, and l0, Block 3, to be developed as one industrial site, the same being 8000 University Avenue N.E. 2. PUBLIC HEARIN6: ERICKSON: Rezone from R-1 (single family dwellings) to R-3 (general multiple family dwellings), parts of Lots 6, 7, 8, and 9, Auditor's Su6division No. 25, that is now now zoned R-3. Generally located in the Northwest quadrant of I.694 and Highway 65 N.E. along Hili- wind Road N.E. (See Public Hearing notice for complete legal). 3. CONTINUED: CONSIDERA7ION OF A PROPOSED NOISE ORDiNANCE: Public Hearing open. ' 4. b E ESTABIISHING CNAPTcR �NDOMINIU�•1 LICENSING". 6. RECEIVE ENERGY COMMISSION MINUTES: FEBRUARY 24, 1981 7. � 8. RECEIVE HUMAN RESOURCES COMMISSION MINUTES: MARCH 5, 1981 9. . 10. OTHER BUSINESS: pDJOURNMENT: �� 45 - 5} 52 - 56 SEPARATE ORCHID WHITE. SAtMON 10, PINK (at meeting) a CITY Of FRIDLEY PLAIJNIN6 COMP4ISSIOiy MEETING, MARCH 4, 1981 CALL TO ORDER: Chairman Harris declared the March 4, 1981, Planning Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present Members Absent Mr. Harris, Ms. Schnabel (arr. 7:46 p.m.}, Mr. Svanda, Mr. Oquist, Ms. Hughes Mr. Treuenfels, Mr. Wharton Others Present: Jerrold Qoardman, City Planner Bill Deblon, Associate Planner Ron Miller, 946 Mississippi St. N.E. Paul Gaydos, 3607 - 37th Ave. N.E., Apt. 207, David P�1enken, 2200 Midland Gr. Rd., Unit 307, Anthony & Rosella Pikus, 4036 M11ain St. N.E. George Steiskal, 4050 Main St. N.E. Donald Archer,4057 Nadison St. N.E. Jan Bertrand, 4042 Main St. N.E. Sue Waldhauser, 6120 - 7th St. N.E. APPROVAL OF FEBRUARY 25, 1981, PLANNING COMMISSIOiJ MINUTES: Mpls. Roseville (55113) MOTION BY MR. OQUIST� SECONDEA BY MF2. SVANDA, TO APPROVE THE FEBRUARY 25� 1981� PLANNING COMMISSION MINUTES AS WRITTEN. � UPON A VOZCE VOTE, RLL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CRRRIED UNANIMOUSLY. 1. CONTINUE�: PUBLIG HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP �l80-13, BY 44ALTER J. h1ILLER: Per Section 205.051, 2, A, to a low an existing accessory building 14 ft. by 20 ft. to be moved to the rear of the property and be used for a storage shed, and a new detached garage, 24 ft. by 30 ft. to be constructed on tot S, Revised Auditor's Subdivision No. 21, the same being 945 Mississippi Street N.E. Public Nearing open. Mr. E3oardman stated this item was continued from the February 4 Planning Commission meeting. The Commission had requested it be continued, because Mr. Arthur Miller was not in attendance at that meeting. He stated Ron Miller, Arthur Miller's son, was in the audience if the Commission had any questions. Ms. Hughes asked Mr. Miller what the storage shed was to be used for. PLANNIPtG COMIdISSION MEETING, MARCH 4, 1981 PAGE 2 Mr. Miller stated it would be used for storage of a lawn tractor and antique furniture. Mr. Harris stated that the size of the new garage was almost the same size as the house. What was the reason for this large a garage? Mr. Miller stated they thought it was a nice garage size and was what they needed. He stated the garage will be used to house two vefiicles, plus lawn and garden equipment. They have a large garden. He stated that as far as any other uses, there would not be any. (Ms. Schnabel arrived at 7:46 p.m.) Mr. Harr�s asked Mr. Boardman to explain to Mr. Milter the City's conditions on home occupations. Mr. Boardman stated that the City of Fridley does not allow any gainful home occupations to.be operated out of accessory buildings. Home occupations can only be operated out of the actual family unit itself. This is one of the City's concerns when they hae�e this type of accessory building, especially now when a lot of people are having to go toward home occupations to make additional income. Mr. Mill.er stated his father is a truck driver and is on the road most of the time. He would not be operating a home occupation. Ms. Hughes asked if Mr. Miiler had asked any of the neighbors if there were any objections. Mr. h1iller stated they have very good relationships with their neighbors, and they have talked to their neighbors. He stated that none of the neighbors objected to this; in fact, he thought they would like it. MOTION BY MS. HUGHES, SECONDED BY MR. SVANDA,�TO CLOSE THE PUBLIC HERRING ON SP �80-13 BY WALTER T. MILLER. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRMAN HARRIS DECLIiRED THE PUBLIC HEARING CLOSED AT 7:�52 P.M�. � � � Ms. Hughes stated the only concern she would have is that the storage shed be moved to the back of the lot at the same time the garage is being built. It would be easy not to move that shed, and she felt it was important that the shed be moved. Moving the shed to the back of the lot removed the possibility of a 7ot of things, and the shed would not be accessible to other vehicles. PLANNING COMMSSIOPI MEETING, MARCH 4, 1987 PAGE 3 MOTION BY MS. HUGHES, SECONDED BY MR. OQUIST, TD R�COMMEND TO CITY COUNCIL THE APPROVRL OF SPECIRL USE PERMIT,�SP N80-13, BY WRLTER J. MILLER: PER SECTION 205.051�� 2� A� TO ALLOW AN EXISTING ACCESSORY BUILDING 14 FT. BY 20 FT. TO BE MOVED TO THE RERR OF THE PROPERTY AND HE USED FOR A STORAGS SHED, ifND A NEW D�TACHED GARAGE, 24 FT. BY 30 FT. TO BE CONSTRUCTED ON�LOT 8, REVISED AUDITOR'S � SUBDZVISION N0. 21, THE SAME BEING 945 MISSISSIPPI STREET N.G.� WITH TNE STIPULATION THRT�TIIE EXISTING STORAGE SHED BE MOVED�TO THE REAR OF THE LOT BY THE TIME THE NEW GARIiGE IS COMPLETED. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRZED UNANIMOUSLY. . � Mr. Harris stated this item would go to City Council on March 16. 2. PUBLIC HEARING: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, S 81-0 , BY PAUL GAYDOS AND DAVID h1ENKEf�: Per Section 205.053, 3, D, to al ow a single family dwe ling to e converted to a two family dwelling, located on Lots 2 and 3, Block 1, Bertin Addition, the same`being 4042 Main Street N.E. MOTION BY MR. OQUIST� SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON SP I�82-01 BY PAUL GAYDOS AND DAVID MENKEN. UPON A VOICE VOTE, RLL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING - OPEN AT 7:58 P.M. Mr. Boardman stated this is a request to convert a present single family structure into a two-family structure. This property is located on Main Street in the southern end of Fridley, Across the street is Columbia Heights. He stated that the general make-up of the neighborhood is single family except for a triplex and a duplex located at 4030 and 4022 Main St. N.E. Mr. Boardman stated that, according to the Zoning Code, this conversion would be an allowed use with a special use permit. He stated the petitioners, Mr. Gaydos and Mr. Menken were in the audience. Mr. Harris asked if the petitioners wished to make a statement. Mr. Gaydos stated this is a Capp split-level home constructed in 1966. It has 1,OG0 sq. ft. on each floor, and to convert it, al] that is needed is to convert the laundry room to a kitchen on the lower floor. There are already two separate entrances. Ms. Bertrans stated she is the present owner. This house was constructed as a single family home, and they have completely finished off both floors. Both upstairs and downstairs have two bedrooms and a bath. It is just a matter of converting the storage and laundry room into a kitchen and closing off the wall area to the downstairs. PLANPJING COi�iMI5SI0Pl MCETING, P1ARCH 4, 1981 PAGE 4 Mr. Harris asked if they planned to split the utilities and have separate meters for electrical and gas. Mr. Gaydos stated they planned to do that. Mr. Boardman stated he had no problem with the planned conversion. His main concern was whether they want this kind of conversion done in this location or whether they want to maintain it as a single family home. Ms. Schnabel asked if the petitioners planned to live in it themselves or if they planned to rent it out. Mr. Gaydos stated they both plan to live in one level and rent out the other lvel. He stated that houses today are so cost prohibitive that buying this house and converting it to two living areas is a saviouf� for them, because they can rent out the lower level unti7 such a time as, hopefu7ly, they can each reside in a 7eve1. Otherwise, they would not be able to buy a home for a number of years and would have to live in apartments. Ms. Schnabel asked why the special use permit, rather than rezoning? �4r. Boardman stated that both alternatives are given to the petitioners, but Staff generally recommends a special use perMit, primarily 6ecause the City doesn't necessarily want that type of rezoning in that area. The special use permit retains the R-1 zoning in a singte family zone and gives more flexi6ility, if the house should burn down, of granting another special use permit for another duplex or maintain it as a singTe family home. If it was rezoned to R-2, then anything could be built there. Mr. Anthony Pikus, 4036 Main St. N.E., stated he is opposed to this conversion. He stated the house was built for single family use. He stated he is very unhappy with the triplex at 4030 Main St., but it was there when they bought their home. He would not like to see another double occupancy home go in to the north of them, as they Would have the only single family home up to 4050 hiain St. Ms. Rosella Pikus stated that even though the new owners say they will live in it, that doesn't mean they couldn't sell the house in a year, and then they would have a big problem. Mr. �onald Archer, 4057 Main St. N.E., stated he is also opposed to the conver- sion. When one conversion starts, pretty soon there will be more, and the sinole family area will be gone: Ne does not want the problem they have from the triplex coming into the neighborhood. Mr. George Steiskal, 4Q50 Main 5t. N.E., stated he would have no objection if the house is owner-occupied. PLANNING COMMISSI6N MEETItJG, MARCH 4, 1981 PAGE 5 Mr. Gaydos stated he could understand the neighbors' concern if this was a small single family residence that would require knocking out walls, etc. Even with a single family home, an owner can have non-homestead and rent it out and guarantee nothing as far as tenants. Ne stated the neighbors' complaints about 4030 tqain St, are probably well justified. He stated economics is the reason they are proposing this conversion. Mr. Menken stated they both realize the neighborhood and how attractive the home itself is. He is very impressed with the quality of the home and appreciated the hard efforts of the owners to keep it so nice, He stated he is very excited about living in this house for a number of years. Ms. Pikus stated she has nothing against Mr. Gaydos and Mr. Menken, but if the house is ever rented out, they would have renta7 on both sides of them. MOTION BY MS. HUGHES, SECONDED BY MS. SCHNRBEL, TO CIASE THE PUBLIC HEARING ON SP 3i81-01 BY PAUL GAYD05 AND DAVID l9ENKEN. � UPON A VOICE VOTE, ALL VOTING AYE, CHRIRMAN HARRIS ^ECLARED THE Pi7BLIC HEARZNG CLOSED AT 8:26 P.M. . � Ms. Hughes stated that, in terms of what they want to see in the future when the new owners might sell, what is the best way to maintain the house? She wondered what the advantages of split entry homes are to the City of fridley. It was obvious what advantages split entry homes have for the owners. Apparently, five unrelated people can live together in that house and share the bedrooms and treat it as two different units without sealing off the two levels physically. The City would have that kind of operation if these two people wanted to buy the house and recruit more roomers. She stated the advantage to keeping that home single family is that in the future, it would be a house suitable for a large family--something needed periodically in this community. On the other hand, if the Planning Commission granted the special use permit, and the owners do seal off the two floors, they have permanently changed that home to a dup7ex regardless of the zoning. Ms. Hughes stated this is a problem this community is going to be seeing more and more of, and what does the Planning Commission feel is the best approach? Mr. Svanda stated that by locking a door or putting up some sheetrock to divide the two floors, he did not see the permanence described by Ms. Hughes. Mr. Oquist stated it is a nice large house, but would it be affordable to a large family? Ms. Schnabel stated that if the special use permit is granted and the house is divided, if the house is sold in the future, a family could still buy it as a single family hoine and all they would have to do is unlock the door or tear out the sheetrock. PLANNING COMMISSION MFETING, MARCH 4, 19IIT PAGE 6 Mr. Harris stated he could understand the neighbors' concerns about the upkeep, loud noises, and all the rest of the things that happen with inultiple dwellings. Nowever, how are people going to be able to afford a house otherwise and where are these people going to live? Ms. Hughes stated she was more in favor of handling these through special use permits, than letting them happen without taking official notice. MDTION BY tdR. 5VANDA� SECO.NDED SY�MR. OQUIST� TO RECOMMEND TO THE CITY COUNCIL THE APPROVAL OF SPECIAL USE PERMIT� SP �81—OI� BY PAOL GAYDOS AND DAVID MENKEN: PER SECTION 205.053,�3, D� TO ALLOW A SINGLE FAMILY DWELLING TO BE CONVERTED TO A TWO FAMILY DWELLING, LOCATED ON LOTS 2 AND 3, BLOCK 1, BERLIN ADDITION, THE SAME BEING 4042 MAIN STREET N.E., WITK THE FOLLOWING STIPULATIONS: I.� THAT THE NEW OWNERS WORK WITH THE FIRE 19ARSHALL ON THE APPROPRIATE EXITS FOR THE� UNITS; � 2. THAT THE NEW�OWNERS OBTAIN TXE PROPER PERMIT5 TO CONSTRUCT THE LYJWNSTAIRS KITCHEN AREA. Mr. Harris stated that because this home is being converted into a double, it would also fall under the residential Housing Maintenance Code. UPON A UOICE VOTE, ALL VCJTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRiED . UNANIMOUSLY. � �� Mr. Harris stated this would go to City Council on March 16. 3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED NOISE ORDINANCE Public hearing open. MOTION BY MR. OQUIST, SECONDED BY MR..SVANDA, TO RECEZVE INTO THE RECORD R MEMO DATED M�iRCH 2, 1982, FROM VIRGIL HERRICK TO BILL DEBLON RE: PROPQSED NOISE ORDINANCE. UPON.R VOICE VOTE, RLL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRSED UNAPIIldOUSLY. � Mr. Harris stated he had reviewed the whole Noise Ordinance again. One problem he had was with the definition of "Noise", #8, on the first page. Ms. Schnabel suggested that "excessive and unnecessary" be inserted in the definition of "noise" to read: "Noise means any excessive and unnecessary sound not occurring in the natural environment...° Mr. Harris stated he would be more comfortable with that definition, because he felt that was really want they were trying to accomplish with this ordinance. P1s. Nughes and Mr. Oquist stated they had no problems with that definition. "Sound Receiving Unit", #12 in the Definitions, was changed to read: "A person, anima7 life, or property which is affected by noise". PCANNIN6 COMMISSION MEETING, MARCH 4, 1481 PAGE 7 Mr. Harris stated that in a discussion with an attorney, the attorney had stated that if the City is going to adopt a Noise Ordinance with "Receiving Land Use Standards" (Section 124.02), then these standards should also be referred to in the Zoning Gode, because it is a land use. Mr. Boardman stated he would make that change and have the Zoning-Code reference the "Receiving Land Use Standards" in the Noise Ordinance. In Item #2, under Section 124.02, "Receiving Land Use Standards", the word "as" was deleted in the second 7ine. Ms. Hughes stated that in Section 124.03, "Source Emission Standards", they should reference State Statute 169.69 for noisy mufflers and MPCA Motor Vehic1e Noise Limits - 6MCAR 4.2004. Under Section 124.05,"Operational Limits", Item #2, "Power Implements", Mr. Harris stated the question the attorney had and he had is: Is this a prohibition against the operation of a17 of these implements, no matter what their noise level is? If it is, therr the attorney wanted to know if this was what the City really wanted to do. Under the Constitution, can they really enforce this? Ms. Hughes stated that, yes they can, because ofthe setting of time limits. Mr. Harris stated he is opposed to this ordinance because he felt the ordinance is arbitrary, capricious, and not a natural extension of the police powers of the Ci ty. MOTION BY MS. HUGHL'S, SECONDED BY�MS. SCHNAB&L, TO RETAIN ITEM i�2, "POWER IMPLEMENTS"� IN SECTION 124.05 OPERATIONAL LIMITS. � UPON A.VOICE VOTE, MS. HUGHES� MR. OQUIST, MS. SCHNABEL, VOTING AYE� MR. NARRI5 AND MR. SVANDA S70TING NAY, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED 3-2. In Section 124.06, "Public Nuisance Noises Prohibited", Item #1, "General", was changed to read: "It shall be unlawful for any person to make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs> injures, or endangers the health, safety, and general welfare of the up blic... MOTION BY MS. HUGHES� 5ECONDED BY MR. SVANDA� TO CONTINi1E THE CONSIDERATION�OF A� PROPOSED NOISE ORDINANCE. . UPON A VOICE VOTE, ALL VOTING AYE, CHAIR1fAN HRRRIS DECLARED THE MOTION CARRIED UNANIAIOUSLY. 4. CONFINUED: AN ORDINANCE ESTA[3LISNING CHAPTER 209 OF THE FRIDLEY CITY MOTION BY bfR. OQUIST, SECONDED BY MS.�SCffNABBL� TO RECEZVE MEN10 �81-16 FROM BILL DEBLON TO THE PLANNING COMMZSSION DATED FEB. 27��Z983• UPON A VOICS� VOTS, ALL VOTING AYfi, CHAIRAf1iN HARRIS DEC7.FiRED TFIE A10TION CARRIED UNANIMOUSL�'. . PLA�dNING COf4MISSION MEETING, MARCH 4, 1981 PAGE 8 MOTION BY MR. OQUIS2', SECONDLD BY MR. SVRNDR��TO CONTINUE. THE "CONVfiRSION CONDOMINIUM LICENSING" ORDINAN�CE. � .UPON A VOICF, VOTE, ALL VOTING AYE, CHAIRMAN H1IRRIS DECLARED THE MOTION CARRIED � UNAIdIMOUSLY. � � 5. APPROUAL OF MOORE LAKE REDEVELOPMENT PLAN: Mr. Boardman stated the Planning Commission had received two documents--The Moore lake Redevelopment Plan and the Tax Increment Plan #1. The only one the Planning Commission is required to look at by law is the Redevelopment Plan. However, he did have a resolution for both the Redevelopment Plan and the Tax Increment Plan so that the Planning Commission can act on both resolutions. These resolutions are statements that the plans are consistent with the Compre- hensive Development Plan of the City of Fridley. Mr. Boardman stated the reasons for the'establishment of a redevelopment district are designated in the plan and it lays out the conditions for blight which allows the City to establish a redevelopment district. Mr. Boardman stated that when they sei up a tax increment district, they have a choice of three projects--a redevelopment plan (that plan has to meet certain criteria),a housing project, which is what they are looking at, or an economic development. A housing project has to be set up primarily for the development of housing. He stated they fiave set up the tax increment district in five phases. Since this is all one housing project, they can group those'funds; 1h other words, all funds and bonds sold in this district can be grouped as one district, and, therefore, construction projects can be phased. Mr. Boardman stated they have a potential developer for development of Phase I. In order to meet the requirements of the State, they are required to establish and layout an indication of costs for one project, and they can do that in Phase I. It allows them to stay genera7 enough in the other phases to satisfy the intent of the law and sti1T accomplsih the overall plan. MOTION BY MR. OQUIST, SECONDP:D BY MR. SVANDA,TO APPROVE RESOLUTION NO. Z981, "A�RESOLUTION OF THE.PLANNING COMMISSION OF THE CITY�OF FRIDLEY� FINDING THE FRIDLEY HOUSING & REDL'VELCJPMENT AUTHORITY'S MOORE LAKE REDEVELOPMENT PLAN IS CONSISTENT WITH TNE COMPREHENSIVE DEVELOPMENT PLAN OF THE CITY OF FRTDLEY.^� MOTION TO AMEND BY MS. HUGIfES.TO SFiY THAT TNE A700RE LAKE REDEVELOPMENT PLAN IS CONSISTL•'NT WITH SHE COhIPRL'HEiVSIVE DEVELOPMENT PLIiN OF THE CITY OF FRIDLEY� WffEN IT PROVSDES FOR NOISE RIIATEMENT PROCBDURES IN THE CITY. - THE MOTION TO ,ziPfEND DIED FOR LACK OF A SECOND. fIPON A VOICE VOSE, A1R. HRRRIS� 145. SCFINABEL, MR. SVRNDA, RND MR. OQUZST �VOTING AYE, MS, NUGHES VOSING NAY, CHAIRh1AN ILIRRIS DECLTiRED THE MOTION CARRIED 4-1. PLANNING COMMISSION M[ETING, MAftCH 4, 1981 PAGE 9 Ms. Hughes stated she had voted against the motion, because she did not believe the Moore Lake Redevelopment Plan was consistent with the noise abatement goals of the Fridley Comprehensive Development Plan. 6. APPROVAL Of TAX INCREM[NT PLAN #1, MOORE LAKE REDEVELOPMENT AREA: Ms. Schnabel stated she did not feel comfortable voting on a motion to concur with this tax increment plan, because she was not sure she totally understood it. Since it was not required of the Planning Corr�nission to approve this plan and since it was out of the Planning Corrmission's jurisdiction, she did not care to take a position on it. Ms. Hughes stated she agreed with Ms. Schnabel. Mr. Boardman stated he would take this resolution out of the Tax Increment Plan #1 document. Mr. Harris stated that if there was a problem, Mr. Boardman could resubmit the resolution to the Planning Commission. 7. CONTINUED: PUBLPC HEARI TO CHAPTER 205 OF THE FRIDLEY CITY CODE MOTZON BY MS. HUGXES, SECONDED BY MR. OQUIST, TO CONTINUE AMENDMEIIT TO CHAPTER 205 OF THE FRIDLEY CITY CODE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HRRRIS DECLRRED THE MOTION CARRIED UNANIMOU5LY. 8. OTHER BUSINESS: Mr. Harris stated he had written a memo to the Fridley City Council which was in response to a communication he had received relative to affordable housing in the City of Fridley. MOTION BY MS. HUGHES, SECONDED BY MR. OQUIST, TO�RECEIVE A MEMO DATED MARCH 2, 2982, FROM MR. HARRZS TO TdE FRIDLEY CITY COUNCIL. � UPON A VOICE VOTE, RLL VOTING AYE, CHAIRMAN FIRRRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION BY MS. SCHNABEL, SECONDED BY P?R. OQUZST��TO AD�700RN THE MEETING. UPON A VOICE VOTE�� 1LL VOTING RYE, CHAIRMAN HAHRIS DECLISRED THE b1ARCIf 4� 1981, PLANNING COMMISSSON MEETING ADJOURNED AT 12:02 Il.h1. Respectfully submitted, ,�.`�f.7? 7:L. �CC �`t"r � Lynne Saba Recording Secretary ;.M�O T0: `=�tE�lO' FROM: "tAEMO DATE: M�h10 'N0. : RE: `� Planning Commission 3errold L. Boardman, City Planner Mareh 13, 1981 #81-22 10 Review of P.S. #80-01, University Industrial Park with ZOA #81-01 This a request by Rice Creek Assoc�ates to review a previously approved plat for resubmission to the City Council. The City Council approved the final plat (tiniversity Industrial Park) on May 5, 1980, however, the plat was never recorded. Since this plat was not recorded within 180 days as required in Chapter 211.152 of;,the Fridley City Code, they need reapproval of the final pTat. This reapproval needs only Council consideration, however, there are some reconsiderations in the zoning of this property which may affect the stipulation which would be placed on the plat.. For this reason I am requesting further consideration by the Flanning Commission. We should discuss further these considerations after discussion on the request for Rezoning, ZOA #81-01. �"�tB/de �t 11 INFORP1ATIOtJ ON PREVIOUS PLAT APPROVAL FOR REVIEW �IITH ZOA #31-01 . r i—�`�.�� ,., , �., �, � ,i i � ��12 , -1 I I , ' _ i � �° , . -- . - -------. ,� • � iA�a�� - . ]'fj.j¶j: %j�I . � 156��--- �;��}-� _ _ � � , � /.i � Y Y 1� p � f �� Y Mn • 1. I— -� ` I � � z� �6, ,,. i o ��,, r I � � c:= �_ ( .� � O H3.6 � I 7 . • • 1 / s . � I �'�: 'J .. - , l _ . i r 0� • ^d ' ��• . i. iN . S g� � 1 � . , � R 1 4 _ 1. 1 � � '9 ri�rl�. I�I' .. � . 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' 3 , ;, ; f `t e CITY OF FRIDLEY PLANNING COMM,ISSIOV tdEETZNG, FEERUA.2Y 6, 1980 QAT.L TO ORDER: . i 13 Ghairperson Harris called the February 6, 1980, Flanning Co�ission mceting to order at 7:35 p.m. ROLl CAi.L: Members Present: 4Members Absent; t�r. Harris, Pir. Treuenfels, A?r. Ao.-a (.`.or Nr. i,angenfeld), Mr. Oquist, Afs. Ilughes, NLs. Schnabel None :DEhers Present: Jerrold Boardman, City Planner Eob Schroer, 5100 Universiey Ave. N.E. Roger Jones, 7620 LTniversity Ave. N,E. Warren ,7ohnson, Northern Statec Power ,A:87�'R�VAL OF JaNUARY 23, 198C, PLA,PIIQITv CO;uiISSI0.1 J��nUTES: MQTION by Mr. Oquist., seconded by t4r.. Treueniels, to approve the January 23, 1980, Planning Commission minutes. r. "kis.rSchna5el stated that L-he following c4�nges should b2 made: 'Page 2, last paragraph, add the folloc�ing sentence: "The other possibilit•y would ba a renewal f.ee." Page G, third psragraph frar. bottom, second line, delete "noi��ally would be^ and insert, "poss3.bly could b?". She also wantec! to p�int out in chat same paragraph that, "There always is a� appeals prccess even if something is written i.ntu the ordinance." "UPC?� 4\'OICE VOTE, AT.L VOTING AiE, C23PIR�RSON HhiiRIS DL�I,A�ED TFIE TfL*iD'TES hPPP.OVED .tS 3h��ilED. i. PtJSLZC fiEARItdG: COASIDERATIOY OI' A?itELI?ffNRRY PLhT P.S. �kSO-Ol� UNi.V'rRSI� I�TDUSTRIAL FAEtK,BX ROB�I:T SC?I?OER: P.eplat tr�,t.he_.i�%4 of L-he Sid 1/4 oi Section 2, T-30, R-24, �ity of Fridley, Pin, Aneka County, except that parl- taken f.or Stzte Hi�hway No, 47; except tne Soutn 284 feet oY the West 4G(l f-eet and except the idesC �50 feet lyi.ng nor.therly of tlie south GGb feet. G.>.nerally 1ocaCed UeCwe�n 79cn nvenue and Slst A.��enue N.E., on the 'dest sicle of L`riivcrsiCy Rver,ue. ?10TION by Ms. 8cl�nabel, secoaded t�y Ptr. Oquist, �.o op�n the puhlic hearing f•or P�,�, ilfi�-Ol, by F.oUert Sckzroer. Upon et coice vote, a11 veting aye; Chairman Rarris -declared Cbe rro�.;.ic LeaYinr open at 7:4U ?,`i . ,_� "14' PT��SNG CQIaAffSSIdN MEETIIdG FEBRUARY 6, 19$0 PAGE 2 Mt. Boardman stated that 5[aff had looked at this proposed plat, and there a�c'several things within this plat that should be put into the record. All the easements are recorded on this Qlat, but some easements are missing on an existing u�aLer line along TH 47, so a 20-foot easement should be shown on the plat alang that sewer Line, That cames in on Block 1, Lot l, and Block 2, Lot 1. Mr. Boardman stated that with Block 3, Lot 1, which is,a commercial property, and Block 4, Lot 1 and 8, which are showa as M-1, they may have the same problem here as they had with the Paschke property where the setback on industrial prQperty has to be 100 feet off any commercial property. Zt may give some problems as far as the setback for building. They may wanr to do the same thing they did with Mr. Paschke and that is, along with the plat, to �cpmmend Chat a variance be granted stating that all loading and parking be 'fn the rear yard. kir. Boardman stated they have not yet received any drainage plans as far as pcutding or stormwater run-off, so that should be a stipulat�on under the �.buiIding permit. i-Mr.:Board�an stated that in this plat, it shqws 81st qve. on the north. Ee =:eCated they have had a discussion with the gen�leman just north of this property who owns the driving range and is not happy with 81st Ave. goiag in. However, Staff feels 81st should at least connect to Ranchers P,oad; eahether it *;�a through to Main St. at this time probably is not neeessary. If 81st 4vz. .was not tied into Ranchers Road, they would have to deadend Ranchers Road, which is not a good situation, and the Engineering Department wouid prefer to see it attached at that point. � Mr.;Aaxris asked how they would handle the ponding. Mr. Boardman stated they do not necessarily loolc at or.-site ponding as a >reyuiremenC. They look at water retention. If the builders can figure out a °way to hold water on the' roaftop or in the parking lot so that the rate o£ xun-off is not greater than the existine property, that is generally what 'they look at. They go by the same regulations they must meet when they �o 3nto the Rice Creek Watershed District. Mr. Roger dones stated he owned the Fridley Go:f Range at 8100 University. He stated he was not aoainsC the developuient or the plat; he thought that was good, He stated he could appreciate the fact Chat the City did rot want to deadend streets, but he Iiad to look out for his own interests and the fact that hi.s driviag range caould go out of business if 81st went in because o£ the narrowing of the property, and because of the possibility of da�nage to automoUiles on the road from stray golf balls. He stated he thought he saw that all tlie properties cou2d Ue served with utilities in t}ie proposed plat, and c.�ould not need a tnrough street, If the Gity wzs to develop the area between 79th and 81st, which is a normal growth area and let that build up, it seemed like the wise way to go. If they put in Slst Ave., they are trying �� 2 �, f '� � .e 15 PLA2SI}�T NG CONE�LISSIOId :i°.ETING�P::BP.UARY 6, 1980 PAGE 3 to develop 79th and the whole package at one time, an� the growth is not .there at this time Co do it. Ile also felt it was putting an undue hardship -rn1 L'he existing praperty ewners to pay assessments, taxes, etc., waiting for clavelopment to come 4rom 79th on through. I+h. liarris asked whaL- Mr. Jones thought of the proposal to just put Slst Ave. Eo the new propasea Ranchers Road. =Mr. Jones stated he �•�as not in fflvor of.it, because it ras doing essentially the same thing as haviug 81st all the way through, as that was his working area. *Mr.'Harris stated that if Chis land was platted and Ranche:s Road was put in ;attd•a service drive and boCh streets were made deadends, there would be a pYOblem with emergency vehicles--fire, police, and also snocaplowing. Maybe iC would be possib2e-to-put in 81st so a Zoop would go around onto Ranchers Rvad. Mr. 3ones stated that wouLd still create a problem for him. He did not know how to get away from the situation. Cazs have to travel along the road, and there ts-no way to control a golf ball. Nis. Schnabel suggested thaC Mr. Joaes put up so�e kind of screening--fencing and trees or shrubs--that would help block the flight of a golf ball. There ,mustr be oL-her golfing ranges with the same proUlem. M�r. Jones stated he presently ha3 a fence cahich was quite worn, but he Uelieved tiae fence was about 20 feet high. They still lose about b-7,000 golf balls a sFason that go over the f.ence, so the fence was not' tota;ly effective. A 30-foot h3�h fence �aould probably contain considerably more golf balls. �Sr. Schroer stated [hat he and Pfr. 3ones had talked about this several times. ?He stated he felt the biggest problen fcr Mr. Jones caas the �.mounL- of assess- <ments going on his property, and he could appreciate Ns. Jones' cor._ern. He ,:stated they were going to put in Sls*_ a couple of years ago, but decided it was -.not necessary at that time. He felt it was getting more necessary now. �1as there any way the assessments cou1J be delayed or somethina to help Mr. Jones' situation? Air. Boardman st2ted he thought there has been sone deferred payments on -assessments; howevei:, the assessments have to be paid at t?�e interest rate at the tine the assessments are paid, so interest rates could be considerably higher at that time. It might be better to pay the assessments now, rather -than ten years from now. Mr. Harris stated thlt he had rev'iewed his notes and it appeared that abouC ten yelrs aso �alien Mr. Jone^ came in for a special use permit to build a golfing xange,there was so:.:e discussion and Ptr, .Tones understood that at sou�e point in time, sanething else �aas Foi�tg to liappen to hi.s proP2rty besides a driving range. As Mr. Harris re�nembered, the Planning Canmission said the reason they were reccxnmending a special ❑se permit w��s beca�s� thare was net much activity in Che area, and Lhey weuLc! like to see tlie driving ra.nge in tnat area to 'r.ind of get thin�s m�vii�g. ,� ,, , . � � �16 ; YLAD1[+1TNG CONL�SISSION MEETItvTG EEI3P.fTh.RY `5, 1980 PAGE 4 MY. Jones stated that, yes, he had understood that. He stated he also under- stands that Mr. Schroer needs access to his property for development of that propexty. His question�was: Is it really necessary to go in and do this now as ,it is somecahat stoppictg the operation of his 12 acres? Mr. };arris asked Mr. Jones if he had thought of platting his property in the rtear future. Mr. Jones stated that, yes, he had, but, until the area from 79th to 81st is developed, built, and sold, ib seemed foolish for someone to skip over that progeYty and build on property farther out. Mr. Boardman stated Chat there is development at access points, and access ;_points are at 79th aad 81st. Genarally, developmentris done first at the access points and then development is done inside, air. Jones' properL-y is at an access point, so his property could possibly be developed before Pir. Schroer's ittterior lote. Ms..liughes asked Mr. Schroer that on the lots aloug 81st Ave., what kind of businesses would be going in there? Were they businesses that would attract a lot of peogle and generate a lot of traffic? Sdovld these businesses require the development of 8Lst? -Mr. Schroer stated that the comrnercial busine�� would generate a Lot of tra£fic, 'but'the iadustrial business would not. He stated, yes, it would require the �eyelopment of 81st. Ms. Hughes asked what the time schedule was for the street constructioa Mr.iHarris stated that the streets coould probably-be-done by fall of 1980 Mr. Harris stated again, that in an industrial area, they cannot put in dead- end streets because of emergency vehicles. Although tt-.e C.ity does have some cul-de-sacs, they are not all that successful. Mr. Jones stated he was not asking for a cu:-de-sac, and he was not out to stop Yhe development, but there has to be scmie workable solution, rather than putting an undue hardship on an individual. If they cou2d put in a street that would go back to Ranchers Road, he would Qo along wwiCh that anu would worlc aroun3 that. He would maybe need assistance in putting up a retainer c:all to protect cars and people from stray golf balls. Also, if tnere caas some way to get deferred assessments, so that cuhea Mr. Schroer's property caas developed, then the rest would be ready for development. lie f:elt there was too much land to be developed and they were ttyiag to 3o it too soon. If $lst has to go in, he would prefer to see it stop at Ranchers Read. Mr. Oquist pointed out that if they stopped 81st at Ranchers Road, before long, they will have deve2opers o£ the othe* property comino in t.anting Slst :continued all the way to Main St. "�?NING COMMISSION N[tiETTP?G, JANUARY 6 1980 iz PAGE 5 :.. � _ 1� fis. ��•hnabel el'ated thnt she was very sympathetic to Pfr. Jones' problem: She �t�1t,.:unc�xnfortable'as to hpw to solve thr dilenuaa tkzat.:the development of °&kat�Ave, would preseat to Mr. Jones and his property, but she also fe1C that $`h^�he City's best inCeresl', the development of 81st was bound to come soon, lf,it was not due right now. From Mr. Schroer's standpoint, the development ;of'$ZsC was probably crucial. She thought the point P;r. Jones made was very valid in the delineation of sCreets and the philcasc�phy Sehind the way those streets are platted. She did not see an answer that would accocm�odate both pavple. 'MUTIO N by Ms. Schnabel, �econded by P;�. Hughes, to close the public hearing on P:S. l�80-01, by Robert Schroer. Upon a��oice vote, all voting aye, Chair¢;an Harris declared the public hearing closed at 9:05 p.ri. !Mr. Oquist stated he agreed with Ms. Schnabel that it is inevitable that 81at is going to be developed. He also appreciated Mr. Jones' diiemma, but did not honestly know what could be done. ;Mr. Harris stated that, as far as the financial burden, s,aybe the Planning 'rCommissioa coald reca�end to City Council thzt assessments be delayed to a `"later date. :�4r. Boardman stated that he would like hlr. Jones to think about that,_because 4.3ttterest rates could go higher. MO" TIOR by Ms. Hughes, sec�nded by Pir. Treuenfels, that the Planning Commission Yeco:wnend to City Council approval of Prelir.iinary Plat, i'.S. !,80-01, by Robert Schrner, being a replat uf the N4d.1/4 of Section 2, T-30, $-24, City of Tridley, rut, Anoka County, except that part talcen for State Truck Highway '.�. 47' except tLhe South 284 feet of the SdesL- 480 feet and escept the West 460 Feet lying norT.herly of the soLth 666 Eeet, generally located hetween 79th Avente and 81st -Avenue N.E., on the West. side of Uaiversity Avenue, with the following stipulatioas: �].. An acceptable storm water drainage syste� be designed for thP plat. 2. That a 20 foot e2sement be dedicated for Block 1, Lot 1, an3 Block 2, Lot 1. I "3. Th:�t 31st liven��±e 1 r. b� ex�e*;riet� iron P;ai:i� s�reet to Jnicer5ity Avenue �:N.E. 4. That the assessmeats to the pr.op2rty owner be delaped, if the ocmer so wishe� . ZIs. Hughes stated that if there �aas not escellent control of water in this plat, slie wpuld hope r.haC whatever me.ans a�>aila`u?.e are taken to prevent any develop- ment o� the land. `1�1�. Harris stated they should discuss the drainage situaticn. It was his feeling that he would lilce to see the Lngineerin� Department do a comprehensive study of the �ahole t�rea as far as dr.•r.ina�e. Thi.s study shoul3 be pointed to the possibility L-haC at some FuCUre date, the Ci[y acqui_re 12nd For a holding yond in an a3vanta��ous area near t's�e tracks. DT.o�e is the time to do it hefore therE is a lot moze development in the area. , � .. . . . . . . . . � . . . . .. . �. . . � . � . � . �. . tiV � . , . . • ' . . . .:I ,�i7IING COi3MISSi:ON hiGETIVG,. PEBRDAIZY �;,2980 YAGE � f31 THE UPON A VOICE VOTE, ALL VOTING kYE, � CARRIED UNANIMOiJSLX. f:leJ 0 RECOnL^�ND T TUDY OF THE W IT_Y T.:-L4T. AT S7ELX .+F.AR Ttl ED LTITHLN SI}: AR CHAII2PEHSON IiARRIS DECLARED T13E MOTION 2. PUBLIC HEARING: CpNSIDERATION OF A RF,ZO�I:dG REQUEST, ZOA i�8u-01, 3Y ROBERT SCHROEft: Rezone Lots 2, 3, 4, and 5, Block 3, and Lots 1, 2, 3, 4, 5, and 8, Block 4, of proposed Plat, University Industrial Park, from - C-2 (general business areas) to M-1 (light inc�ustrial areas) located in the NW 1/4 of the SW 1/4 of Section �, g¢nerally=-lacaLed betweeen 74th ,:Avenue N.E. and filst Avenue N.E. rMOTION by Mr. Oquist, seconded by tir. Treuenfels, to open the public hearing on �:ZOA 080-01, by P.obert Schroer. Upon a voice vote, all voting aye, Chairman °;;Harris declared the public hearino open at 9:25 p.m. �Mr. Boardman stated that fhe p=operty in Bloc4 3, Lots 2, 3, 4, and 5, and :�Block 4, Lots 1, 2, 3, G, 7, aad 8, were presently zoned G-2. There is a `!;,3aide band of co:runercial that is going L:p throu�F. this district, and t�ir. Schroer :€elt he cannot market that amount' oi ca.-nnercial proparty. So, M:. Schruer iiad suggested that all the interior lots be rezoned from C-2 L'o M-1. He stated Sta�f has no problems w?th this, except for the fact that the 100-foot setback requirement makes Lots 1, 2, 3, 4, 7, and 8, Block 4, hard to build on. 33r."L'oar.dman stated that one tiiing he would like to see is as niuch parking aad truck laading as possible in either the rear or side yard and not facing the street areas. He also £elt they could move the setback from'100 feet to 35 feet on the coruer lots. • !Ai0TI0N by Dfs. Schnxbei, seconded Ly Mr. Oguist to close the public hearing on 20A 4)80-01, by Rober.t Schroer. Upon a voice vote, all vocing aye, Ct:airperson Harris declared the public hearing closed at 9:43 p.m. MOTION by VSs. Schnabel, seconded by �Ir. Oauist, that the Plar.ning Comir.ission recommend to t2Ye Citv Council approval of rezonirg *equest, ZOA �i80-01, by Robert Scnrver, to rez.one LoC� 2, 3, 4, and 5, Elock 3, and Lots 1, 2, 3, 4, 5, a.and S; Bl.ock 4, of proposed pZat, University Industriai Pazn, from C-2 (Reneral :business areas) to Pt•-1 (lighe indusr.ri.al areas), located in the ;d:d 1/4 �+£ the 'S{d.1/4 of Section 2., generally located Set�aeen 79th Avenue N.E, and 8ist P.venue -N.E., with the inclucion that Lots 1 and 8, Block 4, be grant..d a 35 foot setback z:ith Che s[ipulatioa that the lea�ing be �o tha rear of the Uuilding on Lhe ��roperty. _ . liPCi�T A VOICti VC�TE, 'N.L CGTIICG AIE, C11A;R,�ERSO:d H.:�1iIS PECLeIRID '1'FlE hI0TI0AI CARF,IED liN..NIt•iOUS:,1. �ir. Boardm•�n stated tnis �v;11d go to Ci�v Council ou February 2i sn3 a public uhearing coutd Ue set ior March 10. , I Cliairperson llarris declared a ten-�ninute recess at 4:48 p.m, I 19 CITY OF FRIDLEY PLANNING COt�IlyfISSION MEETING, FEBRUARY 27, 1980 ,GAI.L TO ORDER: Chairman Harris called the February 27, 2980, Planning Coumiission meeting to order at 7;43. • B�.L CAI.L • :Members Present: Mr. Harris, Mr. Treuenfels, Mr. Langenfeld, Mz. Oquist, Ms. Hughes, Ms. Schnabel ;�fembers Absent: - None Others Present: Jerrold Boardman, City Planner �ApYROVAL OF FEBRUARY 6 1980 PLANNiNG CO:L+fCSSION MiNUTES: -��.. `?SOTION by-Mr. Langenfeld, seconded by Mr. Treuenfels, to approve the �ebruary 6, 1980, Planning Commissian minutes. =Ms. Hughes stated that at the City Council meeting on Monday, the City Council �teceived the Feb. 6, 1980, Planning Cou�ission miautes and set a public hearing for Robert Schroer's property (P.S. �r80-01). The.question cras asked if they ?� needed to do anyChing about the water study and the answer was no, they have titis plan and everything is being done differently, so it would be appropriate � just to review the water situation in the planning. She stated she felt it was � very clear in the Feb. 6 Planning Commission minutes thaY the Planairg Commission ` requested a comprehensive study of the whole area as far as a drainage system, :' and the City Council was choosing not to do anything about it. ¢'rfr. Harris asked Mr. Boardman to check into the situation. $e stated that if :�`.the City was going to acquire land Ior a holding pond, now was the time to do � it, not after someone builds on the land. �,�Ms. Hughes atated she was told that the water would and is supposed ta be held : on the �ot until it is safe to run off. Mr. Harris stated that it is the rate of run-off and the quality that is the ;'; problem. The City is requiring a holding pond on the Sears property. �dhat makes the Sears property any different frcm this.property? He thanked Ms. Hughes ;; for this information. Mr. Boardman stated he would check with Mr. Herrick on the water drainage plan and get back to the Commission. ' UPON A VOICE VOTE� ALL VOTING AYE, CHAIR2�'AN HARRIS DECLARED Tl1E MINUTES APPROVED AS WRITTEN. � �°Y I � n4i If� � REGL'UUt MEETINu OF APRIL 21, 1980 I i � i l i, I '� ; i i �l � I� � � PA6E 4 YUBLIC HEARIWG ON FINAL PLAT, PS p20-01, UNIVERSITY '2NNCSTRTAL PARK, R06EHT � CS HR�F'�Ff ^� - MOTION�bg Councilwonwn Moses to yvaive the reading of the public hearin9 notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, alt voting aye, Mayor Pro Tem Schneider declared the motion carried unanimouslp and ±he pub]ic hearir9 opened at B:OS p-.em. Mr. Qureshi, Gity Manager, stated one of the recommendatians of the Planning Carmission was that an overall drainage 1_an be completed for this area�. He stated they are proposin iere e retention areas pirovided to minimize the peak flow and eventually drain into the creek. He�pointed out the majority of water coines from Spring Lake Park and the City can't minimize tfiis effect. Mr. Qureshi stated he felt the run-off v�ould not be any faster than it would be Nithout development and steps are being taken to retain the flow. Council�aoman Moses stated Mr. Jones, who atns the gotf driving range at 8100 University Avenue, had concerns about the proposed road. She state8 Mr. Jones indicated his fence would have to 6e moved and he was concerned � �aboct these casts and wondered if #his item could be�inc}uded in tbe bid. . Councilwoman Moses stated his�other�concern is the cnst for�the road and wondered if it could only be con�teted to Ranchers Road and not.all the way to Main Street and perhaps have the.assessments deferred until such time as the property might �e so)d. Mr. Qureshi, City Manager, stated the right-of-way for the wad has been dedi- cated all the way frorn University to Hain> however, the plan was only to con- ... strtict that portivn di the road fro:e tJniversity�to P,znthers Roati� tnd anything. 6GYond this would depend on the desires of the propertY or:ners on rihether they nish to have the road constructed further: j � LO , � f1r. Qureshi stated the question as to rihether the assessments can be deierred untS] Mr. Jones sells his property has not baen do�e in the past. Ne stated � � he understands the Council has the authority, but would question setting a j precedent. Mr. Qureshi pointed out, if the assessment hzaring is held next ��. -� year and these assessmenYs go on the tax rolls, the first payn�nt would be due fn 1982. , Councilow�nan IAoses asked Mr. Jones if t�io years rrould give him enough time, .. since he tbouyht he may sell the prop2rty in a few years. He stated it � probably would, but no one knc»s how the econary will be several years from now. . Mr. Jones felt Ire should malce provisions now because if something doesn't happen, he tirould have � serious problen. Councilwoman !t�ses ques;ioned �P1r. Jones if he r�as a�rare of the easement for the road 6efore he put up his fence. He stated he knex of the easement ahich was 9iven for the road. � _ � Mr. Jones explained that, at this time, the road is doing rtare damage to him than good as he doesn't hava the m�ans to pay tY,e cests, tie felt, wF:zn the� contractor constructs th� road, he would have the necessary equipment so that his fence could be moved, as it would be difficult `or hi:� to rent the equip- ment. Councitwoman Moses stated she didn't liave aRy proble� with putting this into the cost of the projecC, if the•re �aas nu objection from the City A!torney. Mr. Herrick, City Attorney, stated his ptt+blem is justify�n9 a public use of rtaney to moee an existing fence and erect a neo-� fence that is bein9 used for private operation. Ne stated he might be able to ju>tify the cost of renroving '- the ferce from its present location �_s it is cn poSlic riyht-of-way, but to re-Snstall it and re-build on private property, he h3s difficulty j�,tifying that it is a permi,sible use of public funds. . � i 1 ; : � I __. ._.__._... --_._� G ,,, r� ,.� REGULAR �4EETIN6 OF APRIL 21, 1980 PAGE 5 _ i25 \ `, 2i Mr. Qureshi, City Manager, stated as €ar.�s:the issuE=tn.J�xr iar the road shaold 1 be eonstructed, he would try to work with Nr.� Jones-ic.�r;a�e-up aiith a solution �. � that is reasonable and accepta6le to him and t•1r. Schropr. .He stated, if this ;..� � cannot be done, the matter would be brought 6ack to the L+3anciL � Mr. Schroer stated, in talkin9 to the future 6uilder, he requ�sted the lot line be moved 40 feet to the East. Mr. Berrick, City Attorney, felt the question of chanqQS made to Yhe prelimina�y . plat could be addressedin several e�ays. He stated one�:v�ay�would be for the � �- Council not to act on this plat until the changes are�prepared and presented and the other wdY would be to approve_this_as a prelim9nary�lat and then atlow chaages to come back on the fina p a. Mayor Pro Tem Schneider questioned if ib would be ne�esvery'to-have another pubtic hearing. Mr: Herrick stated it probably wouldn't be necessary if thzre were only minor changes. Mr. Qureshi stated, if there is a minor change and the configuration doesn't thange, his recoimrendation would be to make these changes=on £he•fi�nat plat, as long as the plat meets the restrictians of this zoning. No other persons spoke for or against this proposed plat. MOTION by Councilwoman Moses to close the pu6lic hearing. Seconded 6y Councilman Fitzpatrick. Upon a voice vote, a11 votin9 aye> Maycr Pro Tem Schneider declared the motion carried urtanimously and the pu6lic hearirig elosed.�:at-s8:47�p.m. i I , � OLO BUSINESS: � . .. . . . .. _ / . � � � CONSIDERATION QF REAPPROVAL OF BLOM[�ERG ESTATES, PS �79-03, h.Ak'..A BLO?,RER6 � - � � T BLED A'/7/80 : � �� Mr. 4ureshi, City Manager, felt a lot of negotiating has heen done en this plat ; and that an acceptable canpromise has been reached for Eoth parties. He out- lined the stipulaLions for approval of tne plat vihieh rras £or the deveioper to give a warranty deed to the City ror lots 13, 14 ar,d 15 o-:hich viill be � unencumbered by any costs and the money acquired from sale of these lots ! by the City would be put into the Park Fund. He further explained that Oatlat iB was to be eliminated and one-half of this outlot is to go to Lot 17 and one-half � to Lot 1S with all drainage easen�ents to remain the sa::;2. He steted a 15 foot . � right-of-way should be dedicated along Osborne Road and right-o£-r:ay easr.�:ent for roadwdys for 75-'-f Avenue be acquired from lot 2, Andco Terrace. . � i Nayor Pro Tem Schneider asked if staff was satisfied they have adequate drainage retentian. G Mr. Qureshi stated they have taken the�easenents out oi the back yasds of the lots and made two large lots, each which have an ease��ant fordrainace. Hr. Quresh't stated, after long negotiations, he felt cor�fortable tnz City should accept this proposal. - - � Ms. Blomberg questioned if the 15 foot right-of-way for Osborne P,oad is sane- tbing p}anned in the near future. Ftr. Qureshi stated it xouldn't�be for several years. Ms. 61on�berg asked if they would have an 0utlot, if the City would main- tain it. Mr. Herrick> City Attorney, stated if it wasn't sold, it would be the developer's obligation to naintain it, hc:•:ever, if it is sold �aith thz adjacenY lots, it would be an easement on those properties. i ! � � . �,i.� i . i ti e.. .,^� ____ ..��, � . � ::. r: � - � 31e � �� i s ty Industrial Park ' I � "',� a . ? �5=�,�1 � _ � � � � ; : i, 2? `' � and Y�A #80-Ot % _ � cg � ' ,6 • 1.• : - . , �� ,. . I� i ; �, I ,. � ,� y�y . 1 : ! I . . 1 � � 1 � L ; y� - r COM.� ry� !' i� ,� � M•1 1DiD� � j . �' GOht, ; ,,; = � j � . ,�� ( . '�� ; to• �,:,.FU'' � : i �j �� i � . 13_ I � "_' ^_._._ _ " '_' ` I .J ,� ; ___/ ��i: . IAS i I ♦� � J � � . . � ' � �, � ; ♦ }1 �� - � � - O J / j� �\ �' ,,',t �� ,•` V F� I . � b {!-^ '- �i . !-Q ' e n j n � N k: ° '1 �� t q�b' 10 � ��/ Xj-�•,`J!/�� '_Al�I�IYU. � `'s�_�r-i �nn.. �� .�co�,_ - �� , - --:. ' - �� ~ . . . . . � ' nz__ '_��-- � , i�z°° � '�,.__`� ' CS �. I �. i - � � 1 i \ tY �d . ' � / �� t �0 � I �' �` � � , � i �` � � r � �� 1 � � . C'�' �` � °_ i � o' . .. `1 : t o . � �i.i � .� � � �'� ° 3 j ~� _,' ' � � � I �- ":-+� - . i (` � � —�__ `,,,_ M'1 t ID. _ �� u.i I � "�- � .df-l-itlD. �' CU{N. �s `�-=�' �� m . "s°'aytaLeimaY��`2�� _ �` � f ' � . Z � w ' ��_.�__ .r _<�r��i.a. —� __n,._'�� Q �` o)' eas�r�+�r � . � �,e :-r— � � 's? i�-� a - -:,,�C'�-_ — �•' +teo_ ��t .. r �_,�i1,a"`�-aY,__twtr_�--c-- �', =- � = - -._ ��- ---` -- �� - ^ i � — ' ' - � . ` . , �i �' • � ' �\ � � `�� . � I I� .. . I � c `�� \ t � � � I . � � �i 5 ' �� `y `' � �'�`:�::. . � ``= � � ar``\•\„ ` ` 8 ' � --- - - M.z r � � � _ » :: ; �?� : •� ` -� � �:_es4.� i {h � M-1�14D. �9-1 1��:'� '°� __ ==C�===---- � �. r` �� }� � �� 4 �i �� 1 � �-' � __ :i-�=a '- y � I ; �� n . -=-aee _---=''� �_ - �� .� _-p��y r�� 1 � I I � F.. � r�i�i� ' � `� 1 ` ---------�'� �`ees-- i t' '''' ' ° L 1 � 6 ``1 I� j' �P . 1 _- � � ry ` a , � i �� ' 1 � 1� .:��'Z ��. 1.. I� IMd : M'1 Sit�. � .�I q�� r�.r. R� u � � �� , ?.t-i IqD.`�� COM. � � � I� ` p �� . �Z �tt . , ry� ; -^. � ns � \ 11 r 13'7 � ��_ � ___ . . vx'' _ : � i�g S� � +.�. � ' _ .. _ __135 t— � ��-� , d I �� ' _ _ � IP IaIfYtYl--{� i5 �� •� � � ' . � ' �� 'O{. \ � ♦ \ . • � � • i . � � � O� . � �� : �� I � ,� `, � `` � � � � 1 : � \ p��i� � � `. i' b, S` � ` \� • � � • Q� ii+�,: b t g• �-; S . � v.9 I•� ��-G�Ct6/9'1 i'i^~i� " �'at-1 1'J'J� �� ``C.Oh1. � m�, Z COiiL: f � # �O p�r � li! i � , �o .� ty i � a3a3 � � ' I 3B3 1 �:3 � . 150 ' � t /f i ' + ��..�r�l— � 4 ��1�\ � t-�� 1 —] --. � _�-- _� - V._ � _ 79��t �-=_. � d ... �,a : . --� i ,_ � .; �. � ' ' I � � I � � � � � .�ti , � - � , � � ; ,�� ,.. � � ' � � �� ; 2 � _ � 'v` � � p�� i '� g � � ' : � ' �.�� ; . ( F` � � �� w P � ; v. � P � �� O � _ .___..... ' f , �� I � � ' i ; � � � . �_ - l� . � �„�- �Y I '+�3�' - � :q!'C� ` .- ' ��,� :X��4 � ��, � � ; l REGULAR MEETI�IG OF MNY 5> 1980 PAGE 3 PROCLAMATION ESTABLISHIdG MAY 17 1980 AS ARMED PORCES DAY IY THE CITY OF RIDL Y: � � � � kOTION by Councilman fitzpatrick to approve this proclametion. Seconded dy Councilman Schneider. Upon a voice vote, ail votirt9 aye; Mayor Nee declared the mation carried unanimously. NEN BUSINESS- 133 j CONSI�ERATIOfl OF FIRST READING OF AN ORDIYANCE OfV VACATION REQU€5T> SAV �80-01, '1`2�tT�� O�RAER� C£ CI�E A57 AND 7281 CONpMERLE CIRCLE t' iE3T,'P. �H. PdSCHKE:� Mayor Nee stated lettett Nere received from the utility companies and�they ,. indicated no objections to the vacation of the easenent. MOTION by Councilwoman Noses ta waive the reading and approve the ordinance / upon first reading. Seconded by Councilman Schneider. Upon a voice vote, i/ :a}1 voting aye; Mayor Nee declared the motion carried unanimously. 'This item will be considered after the iiem concerning the fSna1 piat for the University tadustrial Park, �CONSIDERATIOW OF�FINAL PLAT,.P.S. k80.01 UNIVERSIT! IN�USTRIAL PARK, ROBERT -SCH ER:- � � � �� . . <tu` Mr. Flora, Public Works Director, stated this plat is located on Slst, west ,�'� . :of University Avenue. He stated the Ptanning Comnission has recormended :approvat of the plat and pointed out the road to be constructed would-be roved approximately 40 feet to the East. ; Mr. Flora stated the Cam�issian also recrnm�ended Lots 1 and 8, Block 4, be j ,gcanted a 35 foot setback with the stipulation that the loading be to the t. rear of the building an these properties. MOTION by Councilwanan Moses to approve the Final Plat, P.S. r8�-01, University Industrial Park, with the inctusion that Lots 1 and 8, Biock A, be granted a 35 foot setback with the stipulation that the toading be to the rear of the :bu17d9n� on :hese properties. Seconded by Councilman Fitzpatrick. Upon a voSce vote; a71 voting aye, Nayor Nee declared the motion carried unarim,usly. �CONSIDERATIOY OF FIRST READING OF AN CR�I�iANCE OY REZOHIN6 ZOA =80-01, ROBERT C Mr. Flora, Public Norks Director, stated this rezoning request 'is ta change the zoning fram C-2 Yo t4-1 retating to the University I�dustrial Park Plat. He stated the Planning Lamnission has recommended a�proval, and the rezoning was requested as the o�aner didn't feel the property was rtrarketable as com- nercint property because of the deveiopment at Northtown. MDTION by Councilwoman Moses to waive the reading and approve Che ordinance upon first reading. Seconded by Councilman Fitzpatrick. Qyon a voice vote, .alt voting aye, Ndyor Nee declared�the motion carried unanimously. RECEIYING PLANNIH6 Ca`�'4ISSIOH MIPlUTES pF APRII 23 198D: �- COYSIDERATION OF YACATIQN REQL'EST, SAV :RO-02, HYGE PARK, BY FRICLEY �S[Y6 A.4D.REDEVELOFFIENT AtITHORIT : � � MOT20N by Councilman Fitzpatrick to set the public hearing on this vacation reguest for dune 9, 1980. Seconded by Counci7man Schneider. Upon a voice wte, all voting aye, Mayor Nee declared the rt�otion carried unanimous]y. � 24 P!�MO T0: Planning Commission MEMO FROM: Jerrold L Boardman, City Planner MEMO DATE: March 13, 1981 M€MO NO.: �81-22 RE: Rezoning Request, ZOA #81-01 We have received a request for rezoning of Lots 1, 2, 3, 9 and 10, Block 3, and Lots 1, 2; 3, 4> 7 and H; Block 4, of the proposed University Industrial Park From C-2 to M-1. This is being requested in this_.fashion_because..the.-pre�i.ous request in F�bruary of 1980 was approved by the Planning Commission and the City Council but the ordinance was never published because of requirements for drainage plan submission that were never completed. (see information in agenda). `Becauseof this situation, the new rezoning request ZOA #81-01 is being requested from the previous zoning prior to last years request which is C-2. The request is being proposed for the purpose of construction of an industrial hailding on Lots 1, 2, 3, 9 and 10, Block 3, by Jerry Paschke. We are stiTl requiring a solution to the drainage problem which is to be presented to the Planning Commission by the petitioner at_this meeting. The zoning will aiso create specific setback problems with the plan that was considered in 1980, but will change with this proposal: Lots 1, 9 and 10 require 100 ft. °setbacks from the street right-of-way which makes these lots mostly unuseable for-:building and unworkable with Jerry's proposal. These are the concerns to he considered. Please review the information in your agenda and feel free to call me if you heve questions. JGB/de .L.�Td �.r' 25 _ �I• clrv o� �€a�s�tiev, � SUBJ�CT �ZUNING AGTIQN ZOA1I kJ��1—Q / �Si4f3'1 UN4V[3HS{TY AVL•. N'E. � � VACATION SAY A�(_ --_ �4:FdiDLGY. MN.6S432�(Ea1:!1Ei9�-=in-`-'+O PIAT PCJ A OP,DINANCE tJ0 PU3LI5NED AQDRESS ��l/� 7%�� DATE PLANNItJG COMMISSION: APPROUED � DISAPPROVED �ATE CITY COUNCIL: PUBLTC HEARIt�tG DATE 1ST READ 2iVD READ CTTY COl1NCIL: APPROVED DISAPPROVED DATE: PARK FEE REQUIRED: STIPULATIOMS: ,tvAt�E_gi�a rrppk acco.ciate.� Ahi0U19T PAID NO NO fEE�250.00 RECEIPT N0�/D5� ^S7REET L�CATION �F PROPLFTYUniversity.Ave. N.E. & South of 81st. Ave. N,E. �EGAL DESCRIPTION OF PROPERTYLots 1,2,3,9 & 10,. B1ock 3, University Industrial Park PR�SEtdT ZONING CCICSSIFICATIQN��-1&C-2 EY.ISTING USE OE PROPERTI' Vancant Land . .ACREAGE OF PROPERTY 4 J8 DESCRII3E BRIEFLY TH[ PROPOSED ZOPtIRG CLASSIFICAYION �R TYP£ OF USE AhD IMPROVENiENT PRO��SEDRezone Lot�,9 & 10 from C-2 to M-1 and � construct a Mulit-Tenant Of�ice/service & warehouse building of approx. 83,700 sq.ft: �Nas the present applicanL previously sought to rezone, plat, o6tain a lot split or variance or special usn permit on the subject site or part of it? �Jyes no. ,What ti•�as requested and when?Subject site is part of University Industrial Park =•which was piatter in the Fall of 1980 The undersigned understands that: (a) A list of ai� residents and owners of proper- `ty=within 350 feet must be atiached to this application. (b) This application must be signed by all owners of the property, or an explanation given v�hY this is not the case. (c) Responsibility for any defect in the proceedings resulting from the fa�lure to ]ist the nam�s and addresses of all residents and propert;� owners of pro- perty in questio.n, belo��gs to the undersigned. A sketch of proposed property and structure must be dra�vn and att3ched, shotiaing the folloi�ing: 1. North direction. 2. Location of propased structure on the l�t. 3. Dimensions of property, propose.d structure, and front and si�e setbacks, 4. Street names. 5. locaticn a�d.use of adjacent existing buildings {within 350 feet). . The tmdersigned hereby dectares that ail the f c s and representations stated i❑ i.l�is application are true and correct. _�` DATE_ February 11,1980 SIGPyATURE ADDRLSS 6279 University Ave. N.E.,Fridley,��lin. 55432 . TELEPNONE NJ 571-7792 � �� "ZOA #81-01, Rice Creek Associates Rice Creek Associates David Harris 6279 University Avenue N.E. Fridley, P1n 55432 Robert Schroer 7620 University Avenue N.E. Fridley, Mn 55432 'Roger M. Jones `8371 Lower 138 Court Apple Valley, MN 55124 Viking Chevrolet 75Q1 Highway #65 N.E. Fridley, Mn 55432 Ruth B. Finkelstein 2$59 Aquil�-Avenue South Minneapolis, hk� 55426 Bryant-Franklin Corporation 7$21 Beech Street N.E. Frid}ey, Mn 55432 `Mr. & Mrs. Gerald Bury 7479 Able 5treet N.E.. Fridley, Mn 55432 Park Construction 7900 Beech Street N.E. Fridley, Mn 55432 Godfather Pizza 7910 University Avenue N.E. Fridley, Mn 55432 Raymond & Mary Jane Carlson 7875 Ranchers Road N.E. Fridley, Mn 55432 Talco, Inc. 7835 N.E. Main Street Fridley, Mn 55432 Steinwall, Inc. 7895 Ranchers Road N.E. Frildey, Mn 55432 t�lachining, ,Inc. 7773-93 Ranchers Road N.E. Fridley, Mn 55432 't - Planning Commission 3-5-81 City Counci City of Spring Lake Park 1301 85th Avenue North Spring Lake Park, Mn 55432 P & K Properties 7000 57th Avenue Narth Minneapolis, Mn 55428 26 COpY�'R�NUS / \ �� . � S II _J � � z � z i � .,.�� in�➢� � ,,}, - � ,..,w . � � � V � �NOIN C6 .. � 11FJI�N !IM CQ WNE�PoLIS i L.ocaT�or� san!w iaKC vur WtUMe�� . � L KipRs S7REET MA.P-CITY OF FRIDLEY 27 ,�- - � �� - � � m; y , '�;� ��K i. •.i. � , '��` �� - ' �4 �. '� t � � w �i; 5 �... :� L��/'. A � r' <5..r. ._A\i � � �Jny..x � ; �: 4� }� `-::'1 �' a ' i$� �", ....: } 1t, .��/�� I j �� I��'�'! `� � �; 29 ��rY � FR,nyeY � �, I � � � � � ' �f./ O�N i � V Y, `E . � - Lov.�TT � �F ANOK4 Q�?��T — To — � . . � o..GLe�aTEh �Qa�' MeN�MEr+-� � ��V �`7��cn/j��r' � �• �oo� �Ee.�"44 / . . a' �j .I . - - • � � �' . . . 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PUBLIC H�ARING; CONSIDERATION OP A REZONIA?G REQU�'S'i(, ZOA N80-Ol) BY ROBHRT SCHROER: Rezone Lots 2, 3, 4, and 5, Blocic 3, and o s , 2, 3, 4, 5, and 8, Block 4, of proposed Plat, University Industrial °ark, from �- Cr2 (general business areas) to M-1 (light industrial areas) located in ttee NW 1/4 of the SW 1/4 of Section 2, generally locat-ed betweeen 79th 'Avenue I1.E. and 81st Avenue N.E. MOTION by Mr. Oquist, seconded by Mr. Treuenfels, to open the public hearing or. 7.OA �f80-01, by Robert Schroer. IIpon a voice vote, all voting aye, Chairman Harris declared the public ltearing open at 9:25 p.n. "Mr.. Boardc�an stated that the property in Block 3, Lots 2� 3, 4, and 5, and Block 4, LoCs 1, 2, 3, 4, 7, and 8, were presently zoned G 2. There is a wide band of comLnercial Chat is going up throcgh L-his district, and 14r. Scnroer =felt he cannot market that amount of cmnmercial property. So, Mr. Sch'roer had 6uggested that all the interior lots be rezoned froa� C-2 to M-1. He stated Sta£f has no problems with this, except :or the fact that the 100-foot setback requirement makes Lots 1, 2, 3, 4, 7, and 8,�Block 4, haYd to build cn.. t4r..$oardman stated that one thing he would like to see is as much parking and tru¢k loading as possiUle in either. the rear ar side yard and not facing the �street areas. He also felt they could move the setback from 100 feet to 35 feet <on the corner loCS. ' ;+'HOTI01v` by .is. Schnabel, seconded hy Mr. Oquist to close the public hearing on iZOA`'J80-01, by Fobert Schroer. Upon a voice vote, all voting aye, Chairperson Harris declared the public hearing closed at 9:43 p.m. T;OTION by Ms. Schnabel, seconded by Mr. Oquist, that the Planning Commission recouunend to the City Counci.7. approval of rezoning request, ZOA ,/80-02, by Robert Schroer, to r.ezone Lots 2, 3, 4, and S,.Alock 3, and Lots 1, 2, 3, 4, 3, ar�d 8; Block 4, of proposed plat, University Industrial Park, from C-2 (general business areas) to M-1 (lioht ind�strial areas}, 2ocated in the NW 1/4 0� the SW.1/4 of Section 2, generally locateci between 79th Avenue h.E. and 82st Avenue N.E., W�ith the inclusion that Lots 1 and 8, Bl.ock 4, be granted a 35 foot setback uLth the stlpulation thuc the loading be to Lhe r.ear of the building on the }3roperty. t3PON A�OICE VOTE, A7,L VOTING AYE, CIIAIRPF:RSUi1 HARRTS DECLARED THE ti0TI0N CARRIED UN.iNIh10USLY. M:. Boardman stated this �ronld go to City Ccuncil on Feoruary 25 and a public hearing could be set for Dlarch lU. r Chairperson llarris declared a tet�-mi.nutc recess at 9:4i1 p.m, _ _ _ _ ___�_ _ _ . _ _ ,. ... . .. . _. .. _ _ _ �_ � � ; REGULAR MEETIFIG OF AFRIL 21, 1980 Paqe 3 ��' i , j � v ..;,I __ .. . . � I .. Councilwoman i4oses asked about the temperature in the room where Kalwall viould !� � be located. j I � � Mr. Gonser stated the Kalwall would have a mioir+al amount of heat coming through it and reviewed the insulating factors. j Mr. Qureshi, City Atanager, stated the pros and cons�of.usi.ng Kalwalt have been� discussed previously tvith the Council and further information aras given in regard to a survey of sotne of the businesses that are ctirrently using this product. Mr. Qureshi stated the change order now before the CounciL would add the Ka1wa11 roof, skylig.hL system, a smoke detection alarm system, a fire rated o-rall and suspended acoustical tile ceiling in portion ofi the nature center building. MOTION by Councilwoman Moses to approve Change Order No. 3 wSth the Bud Johnson Construction Company for the Sprin9brook Natum Center Project in the amount of $12,490.Q�. Seconded by Councilman Fitzpatrick. Councilwoman Moses stated she moved to accept the Kalriall as from the results of the survey she didn't see any problems rn th its use. . Councilman Fitzpatrick stated this item was tabled for the purposes of ihe survey and he would a9ree there is nothing in.the survey thzt woi�td cause him to continue to have reservations about the reco�nendation of�the Parks and Recreation Commission for use of the�Kal�ral.l... �. . � Councilman Barnette indicated the building was still being bu91t without sewer �and water hook-up. Ptayor Pro Tem Schneider felt this wasn't addressed in this � particular item. � Mayor Pro Tem Schneider stated he rJas surprised tiiith the results of the survey, as he thought Ka1wa11 eias a retatively new product, anG the fact it has been around a number of years and used in I7innesota makes him feel ir,ore comfortable with the use of this materiaL � t�; UPON A VOICE VOTE TAKEN ON THE ABOVE I�f0TI0N, Mayor Pro Tem Schneider, Council- �,- � woman Moses and Councilman Fitzpatrick voted in�favor of-the nption. Louncil- man Barnette abstained from voting on the motion. Piayor Pro Tem Schneider , declared the motion carried by a 3 to 1 vote. PUBLIC 11EARINGS: PU6LIC HEARING OIJ RE7.ONING REQUEST, ZOA �80-01, R06ERT SCI'.RCER: A107ION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Louncil�roman I+oses. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider dzctared the motion carried uttanimously and the public hearing opened at 8:02 p.m. Mr. Flara, Public Works Director, stated this is a request to change the zoning from comniercial to 11-1, industrial. The property is generally located betvreen 79th Avenue N. E. and Slst Avenue N. E.�on the 4lest side of University Avenue. ` Mr. F1ora stated the Planning Commission Azs recormiended approva} of the - I rezoning with the inclusion thal Lots 1 and 8, Block 4> be 9ranted a variance for a 35 foot setback, with the stipulation that loading be to the rear of the j building on the property. �� - - � No persons in the audience spoke for or against tliis rezoning requ?st. Fi0iI04; by Gouncilwo�r�in ttoses to close the pu6lic hearin9. Seconded by t Councilman Barnette. Upon a voice vote, all voting aye> Flayor Pro Tem Schneider i declared the motion carr•ied unaniinously and the public hearing closed at 8:08 p.m. ,,i �� $8 34 REGULAR MEETI�IG OF FEBRUARY 25, 1980 CABLE TELEVISION GOMMISSIOfl: PAGE 3 MOTION 6y Cuuncilnaii Barnette to fable tVie�appoinbnent to the Cable Television Commission. Seconded by Councilman Fitzpatrick. Upon a voice vote, atl �oting aye> Mayor Nee declared :he motion carried un- animously. NEN BUSINE55: • CONSIDERATION DF FIRST READING �F AN ORDINANLE TO�VACATE DRAINAGE ANO UTILITY EkSENENTS IN ALICE 4fALL ADDITIOt�, RICHARD KAHi1: MOTION by Councilrroman Moses to maive the reading and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon.a voice vote, all voting aye, Mayor 14ee�declared the Ration carried u�anirtrously. - RECEIVING THE MINUTES OF THE PLANNING COPL�115SIOtd P:EETIN6 OF FE6RUARY 6. 1980: CONSIDERATION DF PRELIMINARY PLAT, PS�€SU-01, UNIVERSITY INDUSTRIAL PARK, BY ROBERT SCHROER: � - �.- � ' MOTION by Counci7wonan Moses te set the public heating for April 7, 1980. Sewnded by Councilman Schneider. Upon a voice vote> alt voti:ng aye> Mayor Nee declared the niotion carried unanimousl�� _ � MOTION by Councilwoman ?loses to se c fiearing for April 7, 198Q. Seconded by Councilman Barnette_ Upon a voice vot2, all voting aye, Mayor Nee declared the motion carried unanimously. tds. Barbara Hughes of the Planning Comnission questiened what rould be done about the drainage for this � area. 1 � _. Ma„•or Nee stated there is an overatl study for the area and the developer xould have to show how the vrater would be contained. t;r. Qureshi, City Manager,,felt the matter reyardin9 thz drainage would be brought out at the public hearing. MOTI01i by Counci7man 8arnette to receive the minutes of the Plannin9 Com- mission Meeting of February 6, 1980. Seconded by Councilman Schneider. Upon a voice vete, all voting aye. Mayor Nee declared the.rtr�tion carried unanimously. RECEIVING THE CATV CGM�-0ISS?ON MIIJUTES OF DECEMBER 6, 1979: F10TIOW by Councilnan 6arnette to receive th� nir.uta; ef the Cab?e Television Comnissicn Meeting of DecemDer 6, 1979. Seconded 6y Louncilnan Scimeider. Upon a voice vote, all ooting aye, Mayor Nee dzclarea the motion carried ananimously. RECEIVING THE CATV COMMISSIO'd MINUTES OF FEBP.L'ARY 13, 1980: GONSIDERATION OF AN AGREEh1E!!T 11PlD kEPJRT FROM RtVOKA COL'NTY COF4AU{ICATIONS. K HQP RE4UESTING fUNDIN6: � Mr. t7ark Scott, Ghairperson for the Anoka County Cocrnvnications Workshop, stated their report to the Council is the one promised at the end of a six month period. He stated he felt the first six mont�s has been more successful than they had predicted. ' � i i� i ��. � 4' , � ,J'1.4 � REGULAR MEETIN6 OF APRIL 21, 1 �� 3� PAGE 4 ._. .._ `-:_....- . .MOTION by Councilwoinan Moses to waive the readine of the public hearing notice and open the public hearing. Seconded by Councilnan Fitzpatrick. Upon a voice vote, all voting aye, Piayor Pro Tem Schneider dectared tMe reotion carried unanimously and thc public h�arin9 opened at�8:08 p.m. � � t5r. Qureshi, City F1anager, stated one of the recommerdations of the Planning Convnission �vas that an overa7l drainage ptan be coTpleted for this area. He sfated they are proposing there 6e some retention areas provided to minirize the peak flow and eventually drain into the creek. He pointed cut the majurity of water comes from Spring Lake Park and the City can't minimize this effect. Mr. Qureshi stated he felt the run-off would not be any faster than i± vrould be without deve7opment and steps are being taken�to retain th2�flow. Councilwoman t4oses stated Mr. Jones, mho orms the golf drivin9 range at � 8100 University Avenue> had concerns about ihe proposed road. She stated Mr. Jones indicated his fence would have to be moved and he was concerned about these costs and wondered if this.item.could be included i�n:th= 6id. �Councilwumam'Moses stated fiis other cor.cern is the cost for the road and . wondereA if it could only be completed. to Ranchers Road and not alt thz xay to Main Street and perhaps have the assessments deferred until suc6 tiro as the properfy might be sold. Mr. Qureshi, City Manager, stated the right-of-iray for the road has Geen dedi- cated all the �•+ay from University to ttain, ha�;ever, the plan rras onty to con- struct that portion of the road from University to Ranchers Road and anything beyorrd this r�ould depend on the desires of�the property o�,rners on whetner tF�ey wish to have the road constructed iurther. 14r. Qureshi stated the question as to �•ihether the assessments can be deferred until Mr. Jones sells his property has not bee7 done in ?he past. Ne stated he understands tfie Council has ihe autnority,�but t�ould question s�ett�ng a � � precedent. Pir. Qureshi pointed out, if the assessrent hearir�g is held next -. year and these assessm2nts go on the tax rolls, the first paym�nt o-rould be due in 19II2. � - Councihaoman hioses asked Mr. Jones if t+eo years e�o¢ld give him enough tir�e, since he tbought he may sell the p��operty in a fei•r years. Ne stzt?d it probably would, but no one kncws ho�� tne econo,�,� wiTl be several years from now. Mr. Jones fett he should make provisions norr because if somethinc doesn't happen, he nould have a serious problen. Councilwoman Moses questioned tir. Jones if he i�ias ariare of the easer�enY for the road before he put�up his fence. He stated he kneor of the easzment which mas given for�the road. . Mr. Jones er.nlained that, at this ti��e, the road is daing more dzrzge to him than good as he doesn'�t have the means to pay the costs. He felt, iah2n the contractor constructs the road, he would have the necessary equiprent so that his fence cou:d be moved, as it would be difficutt for hi� to rznY thc equip- ment. Councihaoman tdoses stated she diAn't h4ve any problen: roith putting this into the cost of the project, if thare r:as nu objection from the City Attorney. � Mr, Y,errick, Gity Attarney, stated his proble�� is justifying a pu67ic w e of money to move an existing fence ard ei•ect a nr.�� fence thyt is b2ing used for private operation. fle stated he miSht be able to justf'y tiie cost of reraoving - the fence from its present locatien as it is on public right-of-e:ay, but to re-install it and re-build on prive.te Groperty, he has�diffi wlty justifying � that it is a permi;sible use of pub]ic funds. � �� i i i i t ' � � ... . .. . . .. .. . . . - 1 _ _ _ _---. _- - - . , _-- --- _ - -- - - -- - - _:,, I t� 12� --i .,.� REGULAR hIEETING OF APRIL 21, 1930 .. �� PAGE 5 J6 � �, � ``I Mr. Qureshi,�City Flanayer, stated as far as the issue on haa far the road should � be constructed, he r�ould try io �tork with fA•, dones to cor„e up urith a solution „I that is reasonable�and acceptable to him and Fir. Schroer. .He stated, if this cannot be �une, the matter e;ou;d be brought bacA to the Cauncil. Mr. Schroer stated, in tal4:ing to the future builder, he requs ted the tot tine. be nroved 40 feet to the East. � Mr. Herrick, City Attorney, felt the question of changes made to the preliminary � plat could be addresscd in several ways. He stated one o-:ay would be for the Council not-to act on this ptat until the thanges are prepared and presented . and the other viay eiould be to approve this as�a preliminary plat and then al�ow , changes to come back on the final plat. . , ; Mayor Pro Tem Schneider questioned if it rrould be necessary to have another publit hearing. . Mr. Herrick stated it probably wouldn't be necessary if there riere only minor . cha�ges. � Mr. Qureshi stated, if there is a minor change.and th? cnnfi.guration doesn't �� change, his recammendation vrould be to make these changes on the final plat. as long as the nlat meets the restrictions of this zoning. No other persons spoke for or against this proposed plat.� � MDTION by Councilvroman Moses to close the public hearing. Setcnded by Councilman I Fitzpatrick. Upon a voice vote, all votin9 aye, �dayor Pro Tem 5chneider dec7ared ., � the ewtion carried unanimously and the public hearing closed at 8:47 p.m. :-f DLD DUSIYFSS: � CONSIllFRP,TION OF REAPPROVA! OF RL0146ER6 EST1tTES, P$ =79_p3, Y4RLA BLOiri�3ERG TA6LF.D 4/7/GO : �. � Nr.�Qureshi, Cit)• 1•tanager, felt a lot of negotiating hzs b�en done on this plat and that an attepta6le co�rprcmisa has Gee.n reach.d for �oti parties. �He out- lined the stipulations for approval of the plat fahicb rrzs for ti�e develep=r � to qive a warranty deed to the City for Lets 13, 13 and 15 vhich will be unencumbered by a�ly costs and the money acquired from szle of th°se lots by the City would 6e put into the Park Fund. He further explained that Dutlot B was to -be eliminated and on--haif of this outlot is to 5� to Lot 17 and one-half to Lot 18 with all drainage �asements to re�nain the szce, He stated a 15 foot . right-of-way should be dedicated along Os6crne Road arG right-of-vray easeTent for roadvrays.for 75-?, Ilvenue be acquired from Lot 2> Rndco Terrace. Mayor Pro Tem Schneider asked if staff.yias satisfied they have ad2quate drainage retention. Mr. Qureshi stated they have taken the easem,ents out of the back yards o` Yhe �� lots and made t��o large lots, each ��ihich have an ease,r.ent fordrair.aga. �� ; Mr. Qvreshi stated, after long negotiations, he felt cor.,fortable the City sfwuld accept this proposal. , Ms. Blomberg questioned if the 15 foot.right-of-way fm• Ostorne P.oad is some- .• . thing planned in the ncar future. Mr. Qureshi s;ated it ;rouldn't be for several years. Ms. Blonberg asked if they would have an Outict, if the CiTy o-:ould main- � ., tain it. � Mr. Herrick, City Attorney, stated�if it wasn't sold, it r:nuld be the developer's , � obtigation to maintain it, hoo-mver, if it is sold xith i`�z adjacent lots, it � would 6e an easement on thosc properties. _ �� 37 133 _ 4 REGULAR h1EE7ING OF MAY 5, 1980 PAGE 3 I PROCLAMATION ESTABLI5HING tMY 17 1980 AS ARM;D f0?CES OAY IN THE CITY OF FRIOLEY: MOTION by Councilman Fitzpatrick to approve this proclamation. Seconded by Councilman Scfineider. Upon a voice voie, a11 voting aye, 1layor Nee declared the motion carried unanimously. NEW BUSINESS: CDNSIDERATIO�� OF FIRST READING OF AN CRDINAtiCE ON YACATION REQUEST, SAU x80-DI, (� 280 COhiMERC GIRCLE EAST AN� 7281 CL'X71cRCE CIRCLE nfST, P. W. PASCN::E: Mdyor' Nee stated leiters were received from the utility companies and they inditated no objections to the vacation of the ease�ent. � MOTION by Councilwoman Fbses to waive the reading and approve the ordinance npon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Plee declared the motion carried ananimoasly. CONSTDERATION OF FIRST READING OF AN ORDIt;AtJCE Oti P,EZOtiIYG ZDA r80-01 R06ERT � SLNR ER. 7his item will be considered after the item concerning the final plat for the University Industrial Park. CONSIDERATION OF FINAL PLAT P.S r8D-01 UNIVERSIN ItdQUSTRIAL PARK, ROBERT SCHROER: - Mr. Flnra, Public V7orks Director, stated this plat is located on 81st> mest of University Avenue. He stated the Planrting Co.mmission has recomiended approvat of the plat and pointed out the rozd to be constructed w�uld be eaved approximately 40 feet to the East. Mr. Flora stated the Lomnission also recommended Lots 1 and 8. Slock 4, 6e 1: granted a 35 foot setback with the stipulation that the loading be to the rear of the building on these properties. '610TION by Covncilwanan Moses to approve the Finat Ptat, P.S. #80-01, University Industrial Park, trith the initusion that Lots 1 and 8, Block A, be granted a 35 foot setback with the stipulation tha: Lhe loading be Lo the rear of the � butlding on these properties. Seconded by Counci7c:an Fitzpatrick. Upon a � mice vote, all voting aye, Mayor Nee declared the .�.otion carried unanir,ausly.. � • �__� CONSIOERATION OF FIRST READING OF AN OR�It�A77CE OF! REZOtlIP! , ZOA B8p-01, ROBERT $ RO�i ��R: — Mr. Flora, Public Works Uirector, stxted this rezoning request is to change the zoning from C-2 to M-1 relatin9 to the-University Industrial Park Plat. He stated the Planning Commission has recorcunended zpproval, and the rezoning Mas requested as fhe owner didn't feel the property Nas marketabte as com- nerciat property because of the development at Nortfitcwn. MOTION by Councilwanan Moses to waive the reading and approve the ordinance . 1 upon first reading. Seconded by Louncilnan Fitzpat�ick. Lpon a voice vote, � atl voting aye, Mayor Nee declared the xwtion carried unanimously. � CONSIDERA7ION OF YACATION REOUEST, SAV .`:'80-02, FlT�E PARK, BY FRIDLEY WSING AND REDEVELOPMENT AUTNORITY: �� -� FRITION by CounCiiman fitrpatrick to set the Dublic hearing on this vacation request for June 9, 1980. Seconded by Louncitnan Schneider. Upon a voice vote, aTl votin9 dYe, Mayor Nee declared the F.otion carried unanin:ously. 0 _._. ........_... _--i __... CtTY G`r �S�IDLEY� . SU6,itCT 6+Y:37 UNIVC"RSITY AVE.�T+�B. - � FFlIGl.EV� MN. 6543E [6'1e7.5%�-=3'�`%0 � ;� (//30� ZOiVItJG ACTION ZOA N�_ �. .vncAric� sav # PLAT PS # . � AR[1fIJANCE NO PUBLISHED ADDRESS Nor h�we,�_t_QLa�jrant of I.694 and Highway._65 alona HillwindDATE 2-U-81 PLANNING CONMISSION: APPROVED, DISAPPP.OJED_____ DATE Marsh lf3 19A7 NO CITY COUNCIL: PUBIPC HEARING DATE ,� 1ST READ�! 2ND READ GITY COUIdCIL: APPRO�lED DISAPPRQ'lED DATE' NO PARK FEE REQUIRED: : no ~^ A�70UNT FAID STTPULATIONS: _ ttAt4E . DL! U�� -I C/ti So � FEE ZSO '� RECEIPT NO // STREET LOCATION Of PROPERTY E� ( �c.W � xl 1� �� --� lE�AL DESCRIPTION �F PROPERTY 'PRESEPI7 ZONIN6 CLASSIFICATICN - I a 3 EXISTTN6 USE OF PRUPERTY �J,�-c/+r�u�� -AGREA6E OF PROPERTYS �Bsr'�RvDESCRIBE BP,IEFLY THE PROPOSED ZONING CLASSIFICATION AR°7Y?E OF USE {1ND IMPRQVEMENT PROPOSED_� — 3 Has the present applicant previousty sought to rezone, plat, obtain a lot split ar variance or special us� permit on the subject site or part of it? _ yes ,�no. sVthat'was requested and when? �, The undersigned understands that: (a) A list of all residents and ov;ners of proper- ty within 350 feet must be attaclied to this application, (b) This application must be signzd by all owners of the property, or aa explanation given arhY this is not the case. (c) Responsibi7ity for any defect in the proceedings resulting from the failure to list the nan�es and addresses of ail residents and property'owners of prc- perty in questic.n, be]ongs to the undersigned. A sketch of pi•oposed pr•operty and structure must be drawn and attached, showing the 'follo�aing: 1. North direction. 2. Location of proposed structure on the lot. 3. Dirnensions of property, proposed structure, and front and side setbacks, Q, Street names. 5. Location anc� use of adjacent existing buildings (�vithin 350 `.feet),. . The undersigned hereb,y declares Yfiat all the facts and this appiication are true and correct. �� DATE_ Z-- I f_ g� SIGNATU 6o s'� � w :� sentations stated in � � TELEPFIONE NO�.� I - ��d o ,.. _ . .. . _ _._ � ._ __ _. , i I� PUBLIC HEARING BEFORE THE PLANPiING COt�PhISSION 'Notice is hereby given that there will be a Public:Mearing of the Planning Cammission of the City of fridley in the City Ha17 at 6431 University Avenue Northeast on Wednesday, March 18, 1981 in the Council Chamber at 7:30 p.m. 'for the purpose of: Consideration of a rezoning request> ZOA ¥,81-02, by ' Oliver R. Erickson, to rezone from R-1 (single family dwel]ing areas) to R-3�(general multiple fami�y dwellings), all the following described property that is not already zoned R-3; all in Auditor's Subdivision No. 25. Parcel 1400 - Lot 6, except the East 150 feet of the West 330 feet of the South 80 feet, except South 6 feet {Parcel 1450), except the part taken for highway, except easement over West 330 feet of South 6 feet, except .08 acres for highway, except Easterly 650 f�et�to School, subject to easement to City of Fridley for street over 4Jest 22.73 feet ot East 672.73 feet of Lot 6> except part taken for fiigfiway per F.C., approved 2/2/68, subject to agreement with Gity 3/6/78. Parcel 1510 - Lot 7, except that part for highway, except an easement over North 6 feet of 41est 33U feet, except part to Morin, except .05 areas for highway, except � easterly 650 feet to School (Parcel 1050) and except part taken for highway per F.C. approved 2/2/68, and except • Parcel 1560 and Parcet 1570. Parcel 1560 - Lot 7 lying southwesterly of a line and it extensions drawn parallel with and 30 feet southwesterly of a iine described as follows: Commencing at a point 30 feet South of and on a lin� at right angles to the North line of Lot 7 from a point on said North line 647.73 feet West of the East line of said Lot 7 when measured aiong said North line, thence southeasterly to a point on the northerly extension of the East line of what was formerly Lot 3, Auditor's Subdivision Mo. 94, 30 feet tVorth of the northeasterly corner of said Lot 3 when xieasured along said northerly extension and there terminating, AND West 400 feet of East 800 feet of Lot 8, Auditor's Subdivision No. , 25 (excep Parcel 1760): Parcel 1570 - All that part of the West 150 feet of the East 800 feet of Lot 8 lying in the Southwest Quarter of the Northeast Quarter of the Southwest Quarter of Section 24, T-30, R-24, and except for the portion thereof decribed above, the West 150 feet of the East 800 feet of Lot 8. 39 �� Page;2 e �`. `t Pareel 1700 - Lot 8, except the East 800 feet and except that part thereof lying West of fhe northeasterly right- of-way !tine of the outer drive of the State 7ruck Nighway, suhject to easement over the South 12 feet. Parcel 1850 - LoC 9, except for right-of-way, except part ' taken for Highway l.p. 7-26-61, except East 800 feet to " City of Fridley, Parcel 7860. Parcel 1860 - The East 800 feet of Lot 9, except that part --to- Independent School District 13. Ail lying in the South Half of Section 24, T-30> R-24, City of Fridiey, County of Anoka, Minnesota. Generally located in the Northwest quadrant of I.694 and t#ighway 65 N.E. along HiTlwind Road N.E. Myone who desires to be heard with reference to the above matter will be heard at this meeting. RICHARD N. HARRIS CHAIRMAN PLANNING COMMISSION Publish: March 4, 1981 March 11, 1981 40 ? I �:---- ;� � 41 I Planning Commission 3/5/81 City Council MAILING LIST 'Dliver R. Eriekson b056 Woody Lane N.E. Fridley, Mn 55432 A. T. Gearman 6205 University Avenue N.E. Fridley: Mn 55432 Mr. & Mrs. Daniel Sullivan 1161 Regis Lane N.E. Fridley, Mn 55432 Real Estate 10, Inc. 95] Hi7lwind Road N.E. Fridley, Mn 55432 Swing Realty Theodore Burandt 941 Hillwind Road N.E. Fridley, Mn 55432 Independent School 9istrict 13 1400 49th Avenue N.E. »Golutflbia Heights, Mn 55421 Mr. & Mrs. Roger Frank 5512 Fillmore Street N.E. Fridley, Mn 55432 Mr. & Flrs. Richard Rogers 1301 Hillwind Road N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Sheridan 3313 Hillwind Road N.E. Fridley, Mn 55432 Mr. & Mrs: Curtis St. John 11A0 Regis Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Denis Doege 1323 Nillwind Road N.E Fridley, Mn 55432 Sandra M. Graczyk 1120 Lynde Drive N.E. fridley, Mn 55432 Peter S. Wojtowicz 1110 Lynde Drive N.E Fridley, Mn 55432 Delores Orr 1100 Lynde Drive N;E. Fridley, Mn 55432 Scott A. Masica 1070 Lynde Drive P1.E. Fridley, Mn 55432 Mr. & Mrs. Ro6ert Prois 1060 4ynde Drive N.E. Fridley> Mn 55432 Mr. & Mrs. Walter Hansen. 1050 4ynde Drive N.E. Fridley; Mn 55432 Neil M. Allen 1040 Lynde Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Ted Field 1030 Lynde Drive N.E. Fridley, Mn 55432 Cathy M. Benson 1020 Lynde Drive N.E. Fridley> Mn 55432 Mr. & Mrs. Harry McKinley 1010 Lynde Drive N.E. Fridley> Mn 55432 Mr. & Mrs. James Shober 1000 Lynde �rive N.E. Fridley, Mn 55432 Lynde Investment Company 9801 Oak Ridge Trail Hopkins, htn 55343 Ruta V. Praulins Ernest & Milda Praulins 1086 Regis Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Alvars Stumeris 7200 Regis Lane N.E. Fridley, Mn 55432 Mr. & Mrs. Gerald Herlofsky 1365 Hillwind Road IJ.E. Fridley, Mn 55432 Mr. & Mrs. Donald Stiller 1355 Hillwind Road N.E. Fridley, Mn 55432 Mr. & Mrs. Edward Fuersten- berg 5516 Regis Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Terry Barrett 1183 Regis Lane N.E. fridley, Mn 55432 ^ :V _ _ i L_..._._._. *.: �'�K„�„� ,,./ �, �C-- �` � W W R�/IV��, , . ....�h..��%\� � .�.... r � . . � � � � �.... r O °` �� i Y : s �` - -, .. �c � $FPIXG L�IE Y�NN �� C=IL L � �� > � 's : � L COWW4 '� : NEIWITS �m � � � L rr`- STREET MA.P-CITY OF ..'0�� L 'r FRIDLEY �nni � � = C., :'� � C � � 0 $333 6,888 � r � �: l� «� 42 � i _ .. . ;.f .noa. ca . . � �nw ca � �D . - MrKY0.�5 - . ,� • . 43 � , ,,s :; :-. �' ,;; � ` � .,a i . ! ' ',,.�,.--- ,._�� ._._, ., I „ ,. ., . �:, t , ,. � ., ; ., , � ,, ` a ° j,,�f �y � � ..n � wi,:�.s» > r 1.___7l r. ' +,: iit� (�1 ��-��.','i� �,� � ..�-, Dl� G.�i d � y��•.{4�v;�� . . �/ �. �: 1 s;_�_ �'i wi � I t'}'� � � [. a I t yir+dE� �;_.�.-- � -..`. • �,� �, . ,�, �rorl �ro� �C _ �7os layr"i`o . e.�vr.. � � � tio. � - - , i �. •,-�„ • _ "� � ._ .y �. .{ . 1 . � r '' � 1 �y Q� � ll N i i- �14 � )s `� !1 4� 7) .� IO �Q V: ` (f!�•J ti.:� . I i` / . 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'• +/M1I ;''�; '_ - ' . .1.:�... �T%�-y� . •- , ^1..-(t.�� f, . ! �7` V _, _ ti -- � : ,,�+ � -t ' y' i" � l � � i. r.l. � � ' . � �:�/ j P�'i� i ' _, __ , _ ', � . _ , . - 4� �: . . � =. , t,,. . : . ___ ___....._.._. _.. . .�.____.___.__..._ _. ___ o. - --___ __��__:___-�— —__—�-----�--- -- � .. _ .._.. ___.._.--��--------_—.___._.._—.._-------------_.�_ � . x: f f . . ,; � ' � _ __,----------=----- _ ' � � �.�— . _ ' '__ ._' _'. .. . ._ . ++ / .�-"'••.••.-'_. LYNOE D0.1VH � . . . _._'___._'__ - .. � �. � . . _.. __. . . ' ." _'_'"_ '_ . . ^� . . . � _ .._..._-_.�-� � 'J _—' �l' '' • ' � .{ . ; : ; �. i � ; � . .1 . � . • �` y� � _ ' �_� , i _ S ' I ., � ' . i � � - -� �" r.. ` � - '� . k �. . . r � s i . . . � i ��„T '^ ., v-' _' "� j { � 1 ' � . . �`� � . � , f. . . _ � �,} �; . I � . - - L:- . . _. : , -� — .. ' . � '� . � � � . ' �� ` . , ` . _ � ( �r ;� , . - � ; � � L A��i ' � '' �. ` .� � , �''. PGN.D ARfA � , �: i � . \ ..Y.E. ��-_-�,.:_ , /� t ro �'. - � � �_ .� . . . . �.� . . _ ; i.' / r i � �. � /J� . . , ' r - � cV :: :� i K�� . . . � �� /� . . �i 1 / l 1 � � y � I % % Q�� W � � .. � - ' . � i � � � �d�Ki:CP�x i�['Cn "� _ pG . ... . . _. _ t ��.. . � �r' �� sr . I. 1 `' \ �, � f . � ' . � . , � . '�i � � � " j ; � � � ' --.� � , / i . • �%� � , � \ -- . — ---- — • ;,: �_ . t � '� ;. _ � � %.� � ~aa+.. �.;; . � r' R ! � �; � . , � '•, �� 3 �" `` _ ! � � �� `` ; --- - t y' , � : � _ � � \`, , ' -. � . �o vu�r.Bioi: � � ` � �._ , • ' � / . / �. y.'.:� /. _ �'. •� ��/:' ' .� � /. �" / 1 : . i ��) � �. \\ \��/ �� . �� , `� � . � � "` ' � '� �, •\ � '.i� .,._� �.: •. � � � � � �-- _. j , � � r `��_____ ' , � - . - . x� -- . _ .- - .�, .�� " ' , , -.� . ,- � � f ; • Co�. wi: s ORDINANCE N0. b��e�"'y AN ORDINI1fJCE RELATING TO NOISE, PROVIDING FOR THE PREVENTION 45 AND ELIMINATI-0h� OF EXCESSIVE AND UNNECESSARY h�OISE, AND IMPOSING A PEf�A�TY FQR YIOLATION Purp�e SECTION 124.01. DEFINITIONS 1. Air Circulation Device means a mechanism des9gned and used for the contro led flow of; air used in ventilation, cooling, or conditioning, including, but not limited to, central and window air conditioning units. 2. City Official A noise control officer, police officer, or any other duly appointed representative of the City as designated by the City Manager. 3, Decibel. Decibet is a unit of sound pressure level, abbreviated d6. 4, dBA. dBA is a unit of sound level. dBA is the weighted pound pressure e ev 1 by the use of the A metering characteristic and weighting as specified in ANS1 Specification for Sound Level Meters, SL4-1971, which is hereby incorporated by reference. For the purpose of those regulations, d6A is used as a measure of human response to sound. 5� encl sed flowe ofinexhaust gas from engine pa�ts�tonthe atmosphe oe ides for 6. �10 �10 �S the sound level, expressed in decibelsas�measured �by exceeded ten percent of the time for a one hour$dv'1i�1b Y��z/�r'��d��/i��dd�0/�b�l�a�/��@�d��ID��YOv`I4fIY��l7�8��dY� Py��Zy{x,��/,�p,�,f-b�//I��r/d�?}a �ound,„level,m�ternfavthe Amer�canr� Nati 7. � 9. is s as onal �50 �50 is the sound level, expressed in decibels (dBA), which is exceeded fifty percent of the time for a one hour$IG�'�� Period. �$ �fe'a'�y'r)�i'4'/�b�l�,�It//dV79'��q�Y/,�PP1'PAk/�l/� 1��+�/ ��F�'�k,�IID �d�d ��1 / bfil lrM.�' hd�n's�d�dtfa'�FYdYYJ+l�dd lcldddn'dY/Alddr�d�. eX[esS�Ve �t^d utineeess4fy Noise. Noise means any,�sound not occurring in the natural environment, inc uding, but not timited to, sounds emanating from aircraft and higha+ays, and industrial, commercial and residential sources. 'Persoiimeans t�v��/N�t�dv�/l�e'�d4(�/�v�i�/d�dv�,id,��X��/DY/d�t��"/da��r`��'�X/�� T{3 ,��4dd!$d��+��1��/��/��/�Xwidd/dd�sl��/Ati��v�d�G,!/�v��`�dd�bdid/�r` /�r`is�Rxe�/20d�tii��Y�4�d!/t��lt��r`Yd�t�giS��.!/9�dr��l��A0d8�C��v�/0r`l6xb��r` /+3t��V��xi�r5�/�44�1v`J��'��1��'/Yddg't�!�(/��,�4S��s��/t$Pv�x/s�r`/�xtb�r`lx�Oz�J t��r'd8��Y6x��/a�Y/A;��/0f/Y4�x/f 0�'��b��{s�l /�r`/�?��14x6i��/1�41 z�a/o��k�x�l l�dX ��e��/I/ddff//I��'�M+`d'e'IIA;f�JIJ��A�/�kSGk,�i/i�d77�A�9d�1/�'/oi�'rMoN!lP,�,�hfibl! an ... ., , r_.__. ..�..t.,�.-oh9., rnrnnratlOtl_ tY'UStB2, association the or anV body of ens her 10. Sound. Sound is an oscillation in pressure, stress, particle displacement, particle velocity, etc., in an ei�stic or partially elastic medium, or the superposition of such propagated alterations. f�-�� 46 11. Sound Pressure level (SPL). Sound Pressure Level is 20 times the ogarithm to the'base O of the ratio of the pressure of a sound, p, to the reference pressure, pr. For the purposes of these regulations, the reference pressure shall be 20 micronewtons per square meter (20 u N/m2). In equation form, Sound Pressure Level in units of decibels is expressed as. SPL (d6} = 20 log 10p�pr 72. Sound Receivinq Unit means a �* of nr��Prt�� = h��;��; person, �:.:«, activity, animal life, or property which is affected by noise or rre�se-�e�-k+�ier+. SECTION 124.02. RECEIVING LANO USE STANDAR�S 1. The sound level requirements of this section shatl apply at the property or zoning lines of the sound receiving unit. Measurements may be made at any location on the property for evaluation purposes and to aid in the enforcement of other sections of this Chapter. 2. The sound levels as siated below shall be the highest sound levels permitted in each of the zoning districts g defined in Chapter 205 of the Fridley Zoning Code. 2oning Districts R-1, R-2, R-3, P C-1, C-1S, C-2, C-2S, CR1, CR2, � M-1, M-2 3. Day L50 L10 (7 a.m. - 10 p.m.) 60 65 65 70 75 80 Night L50 L10 (10 p.m. - 7 a.m.) 50 55 65 70 75 80 Sound levels resulting from cumulative travel of motor vehicles on state and county highways and railroads are exempt from these Receiving Land Use Standards but not other sections of this ordinance relating to motor vehicles and railroads. This does not exempt individual motor vehicles from any and all federal, state, or local regulations. It is the intent of the City to reduce highway noise in the various land areas surrounding highways to or below the requirements of this section when and wherever possible. SECTION 124.03. SOURCE EMISSION STANDARDS 1. Nbtor Vehicles Noise Limits. A. MNP9L'Q�B. ��l�r'�lu!�Yv1d/��N�2a�/SNt�Z1f�x/AdX/x�d��/4��/P�"vt,i��a1/�,i�M/� ddYf��/��t/s(�e�v�/�e�v",�Jd�t1��v��d/�;��la/t�XCv�v��/Y65�/��ttiz�d�Y/�t��P/�v��lxN� ��dv'�al/VP6��EX�/�fc��R/�ytci/�fi/�r�/�s��tAlCt�v(Y/��e'��(Y��v�/x¢�/��`s'�¢v�Y/��(d�� ►�/�1v��i��dX/�(A�S�!/d�{��/�i�/iic�d�A��/��!dX/d ��/�/�vif't'X��`/Q�+kdr1Y�/7�1��!/b� ��fi�XAr`/Pa��FEr'/dtic��i/�`/�a?Y��/�r'4t�2d�/t��/�/�xd�v'C/v�d/N�Eiliti�,zf�l//74��/��(k��v��i $��xv�t�/$IS�aa/dvi�/e�t�,�Y/��'/��4t1��'/�/$4��(d�/V�S�d�r�d/�►`lQt�w�l1��0/�ddv�0l/ Q�¢�`1`/�+�Xu�v`/�P6f��aa'/8{1rt�X/dC/AaX/Y��'�/N�/Pelt4��/�1Y1{/��d4t/��tr`%�/�vi� �v}��v��fir�vtY/�f5/�r'r'Ar'4�r'��l�fv�v�/�'�FdY/a�i/9��JN/�YdX�"/4iY/r`��rir'/t��lX�4/G��"�5��v�C � 4At"N�is/utir;��,�1��'r'/�A�/f�'��it�/r'i"Yr*��rt;�/1'l�a'/�s�Yv'; ��6✓/a�l/Yl�s�/�ixi��dxs"! rage S - UKUINAN�E nu. 47 N�/��/AN�XX/�A�/4/fA�1�Ax��/��J��/s�f9��/9A�l�RX�/��/��/��/��/ ��C4Vld�U�O.d�I��JI��AffX��/Kt�AxlYd��B/%�/0.��X�l��xblYN�/��d�f f�Q��8/Ail�d�d�d�AlN�/K��/u��0��d10f19dN78�l889�x�• 7N�/7� 7977/Q cle noise �A�/Q0dYd6a/RdP�d�/�0x�d/Y��a�/a��8@!k%��X�/# y/bt�l/�ddd�y//YcK�rt��Y/Gd//��Vddddd�l No person �r vehicle in the Citv in violation of e rno or mits or tne rnnnesota ency. 2. e��xra¢z��i��z�iier��zi��e��v�ri��r��tia��ti�d��ri��ti g�'�f@J�XO�fi/d�4�tl0XN;"d/QOv��x�dd.x�0v�/��k��d��Y/s�d�x/v�0x/N�/O��dAx�d/�Y/�/ dOA�Xr`ddX��dl��x�/if/YGS��/��d�d��/d�(/i��/nf6��@/1@��X/dY/K$8/d��7/��/ ��d�/d�@d8dd�d/�1/6/d,��Y�viQ�/gf/80/9��Y1 SECTION 124.04. CENTRAL AIR CONDITIONING EQUIPMENT No person may install or place any central air conditioning plant or equipment in any location without the prior approval of ,�¢,ix�/b,�,��f,th,�Dh" the City. Window air conditioning units are exempt from the provisions of this subdivision, except that the noise produced by such window units, as well as by all existing air circulation devices, shall be attenuated by means deemed appropriate by the ,(�,i��/ld�l�'d'Ya'Y7 City, including, but not limited to, reloeation of such units or devices, if this noise results in or contributes to a violation of Section 124.02 of this ordinance. SECTION 12A.05. OPERATIONAL LIMITS 1. Recreational Vehicles. ��d;�d�r'/r`��d��X��v(�dl��d�l��r/��d��d/P4�`/Yr`��@T/dr�/dd�a�Q/�Cdd�r�!/ i�x//d'dy/itlAr�//bxl��/l�ly�d/�'`�kJ�✓/7f.AA//�lm!/�;�Q4'/k/.r`�//�dd/11,4�`.,C�(.Y/�ld�! Recreation vehicles shail be subject to Section 703 of the City Code. 2. O,t}k,f14�f'/ Pewer Impl ements. Ivo person shal l operate any �tyi�R,t implement, including but not limited to pov�er lawn mowers, power hedge clippers, chain saws, mulchers, oarden tillers 01��,77$l or such other imp ements designed primari]y for oui any time other than between the hours of 7100/6/.�/1 8:00 p.m. on weekdays and 9:00 a.m. and 9:00 p.m. on weekends Snotia removal equipment is exempted from this provision. eagers, oor use, at .m. and 10:00 and holidays. 3. Construction Activities. Construction work hours shall be subject to ections 18.11 and 18.12 of the City Code. 4. Refuse Hauling. Refuse hauling hours shall be subject to Section 113.10 of the City Code. SECTION 124.06. PUBLIC NUISANCE NOISES PROHIBITED 1. �� 3 ,u ��e�s General. It shall be unlawful for any person to make, continue, or cause to be made or continued any distinctly and loudly audible noise that unreasonably �e3a1Al/d��d�d��S��/v�t�/dv�d�t��i/ds�,i�P/6v`/dr�3/d�%8@/ yd�Sp�pt/�it'f��f�' annoys, distur�s, injui•es, or endan�ers the ¢yip(y�s�x,( ��/� N�k�dBe`l1N��(�k'k�l/1��`��!l��"/�fYe�Y�/�1/�Cbta�v�/x��XN��flY6i�/Ii��/dY/YN� �'�e ¢,�Z� health,_safetv, and qeneral ti�elfare of �+=i-cf-k:;=—�=: �i:lc��rl-s. The follo��ii,n aci.s, �among ot:��crs, arc�declared� to be�n�iisance � �� ndises ia violaCion of this ir�FXAddi' Ordinaitce but said enunreration shall not be deenied to be exclusivf>. . �� . A. Horns, Signating Devices, etc. The soundinq of any0p��0/Nd�e1 stgna mg evice on any veiicle except as a warninq of danger (��.5. 169.bFi}.fd80t�vi6��vrlT�TtT , . . . ��a@! �T v�l� �,��7�d%�d4�7d�l�xt4s"144Ylr4��'ld�Y��l��de!�xld2/dl�bv141�r`! t�ddd8�pll/��0/dd�1XA4�/!��/d�s�A�Bldll6��"1��4NI�aA��X�v�$l��i�e�/ d1/lv��+/v�v��"Vh?4�(6N1�/X��v�/d�I64AdR�1��v1�i�i,{/d�4�J�N�/S�dv�A,�Y��/191 �V��/�✓�t�/��34.�/90d/�fild�tv��r`�/d��/t��r`��'AOv�d�X�l��i�e�ldf/ Yifi@ll/7NC1,9��'/�1Pl��i/��d�1X,�d�/4�r�F��/e'�de'��l�v(�/d��Ye'0/��/ N��/dfl�a�dCdid�Y�t/Ya�/d��/�YI�1��Ibt�dv�llv�N��X�ldr'Ia3CN��l 6,��kd%��/at��ll��/�N��t/Yr`E�9��/,i�/9�Y'/dvt�r/r`�A�dv�/�@d0/d�l�! B. ¢t Radios, Phonographs, Pagin4 Systems etc. The �a��v�4( �r` using, or operating or permitting ,fi�/�d��d. the use or operation of any radio receiving set, musical instrument, phonograph, paqing system, or other machine or other device for the production or reproduction of sou3 �Vi/�d�i� in a distinctly and loudiy audible manner as to disturb tF peace, quiet and comfort o the neighboring inhabitants.�Y`/�1!/ ��(�/X,�P��/�N,�XN/�Edd@�/�4Xdd��/Ca3vt/v(�¢��3/96�/d07��1@�f�/ N�iiii��l��t�/��`�'l��d�dfi{fid/��O��/Jr�id/��i10�l�N�lY`66d�,!! �1�6�`d�@4/�t�0/✓iM�/d�"�/�bddd��d�3/I,iBY�t��d�/�Vi��X�l�/9$/ w��ra��sim�ia�za��tiir��id��x��i��i��z��i��i $d��/�iRx��l�dlR�fY6id�8xd��lx��/�@fi��ll�d�@xll��`l��08��1�f0f/ �X��/��t��. C. 'Partici ation on Noisy Parties or Gatherin s. ' � �?�-so n " �,. �� congreqata� because of, or parti oartv or qather�ng of people from tiahzch � � volume or or reaose lice officer owners or er or nce. �ay order all perso enants of the bi rse. An�� perso� ordered to do sa ' d violation of th of the build >turbance and e shall be gu� s. present other than ing or place to o shall refuse to �a police officer Ordinance. or place who has als to immediately D. Loud Speakers Amplifiers for Advertising. The using or operating �d�i�,iF�QI,�IVIS,�Ff�1,dVP�'�rA+�� or permitting tlie Xd/GS�/ �7dY�e'A, �ise o�• operation of a�,y r��d/r�s�¢�d�r�vjri/�s��tla'��dfix/ ��{ry��g,�/�4(4�F+¢�j�i(¢k,� loudspeaker, sound amplifier, or t other d�Adbs9t�u/b�i` device for the production or reproduction of sound on a street or other 'public lace for the purpose of conimercia advei�tising or aCtractin9 the attention of the of the public to any building ur structure which disturbs the peace, quiet and comfort of the neighboring inhabitants. � ..,.. .. ............. .. . 49 E. Animais. N0/fi�d9Jvt/�N�1T/�t�v!t�/Tf��/��'P�d�pll01/�rf�/�vf�d�Aa/YNdC d�SYs�Y'16�/Y.6��/d�h��POdY/gr`/�e!VdZ2/dY/��d�dr��/��IYNP/�i�dv1 �x�/6�� iX$f/9dtt�(�Add�/l�dl/dd�/V�'dJJ�I//n'HVY�• Animals shatl be subject to Section 302.03 of the City Code. F. Exhausts. The discharge or permittinq the discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat, motor vehicle, or snov+mobile except through a muffler or other device which oii}1 effectively prevent loud or explosive noises therefrom and complies viith all applicaple state laws and regulations. Minnesota Statute 84.871 and the Department of Natural kesources regulation requiring mufflers for snowmobiles, 6 h1CAR 1.0057 (E) (1), are adopted by reference and incorporated in this ordinance as fully as if set out in full. G. Defective Vehicte or Load. The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. H. Loading, Unloading, qq�7YrjcJ/��j�(�� Unpacking. The creation of a loud and excessive noise in connection with loading or unloading or unpacking of any vehicle. Il R�¢r'�dr�0v��1/�idx�d/Y�Ft�'�a��!//7ad/4��d�YiOv(/4f/�d�/�@�9{�v`��1a�d / ��i�X�l4Vl�c��/��71�da�/�r`d�kad�2/�v'1��,�d,v�/a�/�/8�X9f�v`4d�d,7@d/ ��ai¢a@/�d��0/f0d/r`�Q��r�dv��a/d��@�!/i��a�id�vt�/�dC/r�4Y{d�ai��/ 1!�/��6J+d�0�8�k�1/Cddla/��::(�/fi�/dx6��r`/�aT/��dY`��vl/��1�d��/�v(/fi�d��/ ��`4�i3�,iY��/��`�t�lf/�'�1v�v(�Sd��/SZ�xdx�/B�,�E9/�i/��r`��5�/�20�Z@4/��l �df�Y'��@/��d/�v��0d�x�0/�v�/i!v1�g/0Y`d8�(dv��@/��/f dX116/��/��'/��/0d1/ id/fdlll dl 6�dL��/Y�V�id,7��!/lTM�/b��X�O�/�Y/�/fib�6Y`/��f�da�/i�/�I �6d�Y80�t/�9/ �9�v��0�d/Sx�Z�X�/X�9lGsE/r`��dJ�r�v�@/d��Yd�''/�kN�aX�/d�d9f1@v'Sl �l M4��8/D��`/S�,td��SllQdd��l/�a��d6��S!/dv`/Md��ix�a�l//Tk��/dr`��X�O�/ �9/��7�/@�2��/dd�8�/��/�v�.�/�Yr`�@Yl�m��v�Ylx�/�v��lSd6��d!/ Ar��k%��0v�!/d�'/�l;��N/v��AY�d��/0�/d��r�a�/�d�0��/��Y��Y�/,��lL��/ V��,ix�X/��d��/��S�x/�0�i�d��ddd�/��d�/��/d��DX��/8v(/�d��/ ��►��X�/,��vl,i��x��l�l�Rk/xk��/Std�@/,��/�/�¢NO�XIl4�0��x�X!/�N��NI/2r`/ �b��C/�Xr`��1:1 SECTION 124.07. EXCEPTION FOR Eh1ERGENCY WORK Operations and acts performed exciusively for emergency �aork pf¢x/��(d��d,id�/d/ V��d�Ort/09/7�/4t��s�g to preserve the healthy safety, eg.nera} welfare, dY` ��dy,X�Q/}i;�,PA,f}X of the citizens of th�ty or for emergency work necessary to restore a public service or to eliminate a public hazard shall be exempt from tite provisions of this ordinance. 9�!ti'�e�c��/N7�a�iv�41/d�v`�dv`��ei/s'�e'r`$�t�Q�/t4¢dl�/ ��e�@J/Y1�1�/�s"�t'8��9/�Nf�d /�F4Ye��ai/�bfu/��K�Y/�9/xN�/�f��t/YC/�v��,�X�X�/�ddN/�ddK/ 0t�/�f /��4diY�/t�v�vff6Ra�SAdr S�/Ks��tdA/a�f /Yii�/B�x}'/�SPY,��'�/YbTt(�f/v1dd�1/t`�4�doS�x,i¢��(/09/ jb�1$j�{�g$/,tip,G,t•�//�yf//y�'�d/�,9,t��,% Any person responsible for such emergency work shall take all reasonable actions to minimize the amount of noise.��]]dY,i6V�/ o�r`/�9N�"�x��s. Page 6 -- OR0INANCE N0. SECTION 124.08. p�NQ�$/��0/PN77�8/09/7NP/w0l$�!�0N7R0u/099I�QR ENFORCEMENT 1. The noise control program established by this ordinance shall be administered 6y the City.�/¢1��/01f�Qi�a/d��d��x�0/��/xN�/O�X�/Nd�� 2. Testing Procedures. The City 09f��d�1 shall adopt guidelines establishing the test procedures and instrumentation to be used in enforciny the provisions of Section 124.02 and 124.03 imposing noise standards. A copy of such guidelines shall be kept on file in City Hall and shall be available to the public for reference during office hours. 3. Studies, etc. The City�9f��X shall conduct such research, monitoring, and other studies related to saund as are necessary or userful in enforcing this ordinance and reducina noise in the city. �¢ The City shall make such investigations and inspections in accordance with law as required in applying ordinance requirements. 4. Noise Im act Statements. The CityQyf84A�7 may require any person applying to the City for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered as a potential noise source to submit a noise impact statement on a form prescribed by the City. a�a��iiw�i�a�aai��xaaz�i��,i��i�x�x��¢��i��i��i��rm��r-- ��o��z��iz�i��i¢�z�i¢��a�aizxr��xi��iax��i¢��o��s��iizmi z��iz��i�az��i��i��rm��i��ia�¢��s�i��i��o��zi��x��ai��r� � 5, Other Powers and Duties. The CityQfyi�,��d shall exercise such other powers and perform such other duties as are reasonable and necessary to enforce this ordinance. S�QYJO�/IZAlaOI//�N90RQ�i��➢�T Kdf ddd@a��x/0f /�NiS/�v'�,ivt�vtd�/�6��,71/�k/�dl�i�¢1C/x�/Q�(��/S01/�P/Ya�/¢�x�/ P�d@! , $,(1. 6. Criminal Penalties. The violation of if�i� all provisions of this ordinance except ection .03 Subdivision l. shall-6e subiect to Chapter 901 o.f the City Code. �i¢/�l�,i$�1@t��7�0�/�(g(�i�f�vf�� . � ��is��x��fiixz�e�a�is��o��iati��i�i��rx�i uM1i��'��di"/��/?�9�r��d/�i�/�1��v��6k6/S��X�/Sx�Cd� Z� 7. Civil Action. The provisions of this ordinance may be enforced throug in�unc ion, mandamus; or other appropriate civil remedy. SECTION 124.04. VARIANCES The R{��@�f,l¢/tf/oipfd'yjs�yot� Citv Council shall have authority, consistent with this section to grant variances trom the requirements of all sections of this Orciinance./JI,�A/.p,�. Variances shall be subject to Section 6.141 of the ity Code. 50 royc i vn�,.�..,�..... . . . 51 SECTION 124.10. SEVERABiLITY lf any provision of this ordinance or the application of any provision to a particular situation is held to be invalid by a court of competent juris- diction, the remaining portions of the ordinance and the application of the ordinance t� any other situation shall not be invalidated. PASSED AND ADOPTED BY THE CITY CUUNCIL OF THE CITY Of PRIDLEY THIS DAY OF , 19II1. YDR - WILLIAM J. NEE Attest: CITY CLERK - S7D C. INMAN OO1�tA/OtiQ3A -a�*-... r 52 MEMO T0: PLANNING COMMISSION MEMO FROM: �Jilliam S. Deblon, Associate Planner ME�40 N0. #81-16 MEMO DATE: February 27, 1981 RE: Proposed Conversion Condomium Licensing Ordinance Memorandum� From Virgil Herrick Dated January 23, 1981 After a telephone conversation with Yirgil Herrick, City Attorney, on February 27, 1981, the follo�aing clarification of paragraphs 3 and 4 of his January 23, 1981 memo re9arding the City's proposed Conversion Condominium Licensing Ordinance was stated. It was the opinion of Mr. Herrick that licensing or requiring registration would not necessarily constitute a condition of conversion as referred to by State 5tatute. Thus, we would not need public testimony that there existed a shortage of rental diyellings available to low and moderate income individuals or that the conversion would impair the City's eligibility for State and federal financial assistance. A public hearing would still be required. As a result of this conversation, I still believe that if Section 205.05 Application, was amended to read, "The application for canversion condominium Shall be accompanied by the following information:"........., and if Section 209.06 Condition of Approval, were dropped then the City is not prohibiting or imposing any conditions on conversions and could pass this ordinance. The City would then know when a conversion was taking place and further ensure that'the action is not in violation of the Uniform Condominium Act (CH 582- 1980 Session). WSD/de cc: Virgil Herrick � 53 MEMORANDUM T0: WILLIAM S. DEBLON City o£ Fridley Planning Department FROM: � VIRGIL C. HERRICK, CITY ATTORNEY %-�� RE: PROPOSED CONVERSION CONDOMINIUM LICENSING ORDINANCE DATE: JANUARY 23, 1981 T have examine3 your Memorandum of Jarruary 15, 19$1 with the attached copy of Fridley's proposed Conversion Condominium Licensing Ordinance. I call your attention to Minnesota Statute Section 515.A.1-106(c). This section provides that a City: , "...may prohibit or impose reasonable conditions upon the conversion of buildings to the condominium form of ownership only if there exists within the city a significanC shortage of suitable rental dwellings available to low and moderate income-individuals or families or to establish or maintain Che city's eligibility for any federal or state program providing direct or indirect financial assistance for housing Co the city. Prior to the adoption of an ordinance pursuant Co the authority granted in this subsection, the city sha11 conduct a public hearing." It would be my opinion that before the City could adopt a propose3 ordinance, a public hearing wou13 have to be held, pursuant to reason- able notice. I believe that testimony wou13 have to be received an3 a record made to substantiate findings of fact that there exisCed a shortage of rental dwellinos available to low and moderate income in3ividuals or that the conversion would impair the City's eligibility for State and Federal financial assistance. If such an or3inance is adopted, it would remain in effect for eighteen months. If the City wished to continue such an ordinance,. another public hearing wouLd have to be held and the same findings of fact wouZd have to be found to exisC. T have checked �oith Ptinneapolis and St. Paul regarding this type of ordinance. I have been advised that St. Paul has not adopted such an ordinance. It is my understandin� that Minneapolis has a3opted an ordinance but it 3oes not contain the provision discussed above. cc: Jerry Boar�man cc: John Flora cc; Nasim Qureshi _�....., ORDINANCE N0. AN ORDINAhfCE ESTABLISHiFlG CHAPTER 209`OF FRIDLEY CITY CODE ENTITLED "CONVERSION COMDOMINIUt4" LICENSING 209.01 Purpose The Council of the City of Fridley deems that it is in the interest and promotion of the health, safety and general welfare of the residents of the City of Fridley that the owner(s) of a multiple dweliing intending to convert to condominium units, register the intent with the City before such a conversion is initiated. 209.02 Definitions For the purposes of this chapter, except where the context indicates other�dise, the following words mean: a. Condominium: A multiple dvielling in which portions are desig- nated for separate ownership and the remainder of which is designated for common ownership solely by the owners of these portions. A multiple dwelling is not a condominium unless the ` undivided interests in the common elements are vested in the unit owners. b. Conversion Condominium: A multiple dwelling which has been converted from rental units to ownership units in accordance with the uniform Condominium Act (CH. 582 - 1980 session. c. Dwelling Unit: A single unit providing complete independent living facilities for one or more persons i�cluding permanent provisions for living, sleeping, eating, cooking and sanitation. d. Multiple Dwelling: Any building or structure containing therein two or more dwelling units whether used solely or exclusively for residential purposes or otherwise. e. Owner: The person or body having an interest in a multiple dwelling as a fee owner or subordinate interest with the right. to exercise control and management of the premises. 209.03. Registration At least 60 days prior to the conversion notice given to the tenants, the o�vner of a multiple dwelling in the fity of Fridley shall file with the City a certificate of registration on a form provi�led by the City. At that time, the owner shall also file tMere+vith an application for license from the City and pay the license fee. ./ 54 PURPOSE DEfINITIONS REGISTRATION �� Page 2 -- ORDiNANCE N0. 209.04 Certificate of Registration, License, and Fees A certificate of registration shall he required of any owner of a multiple dwelling locaLed within the City of fridley who intends to Convert such a building to condominiums. The license fee shall be provided in Cliapter 11 of this code. This section does not exempt the owner of the annual multiple dYrelling license as set forth in Chapter 220 of the Fridley City Code. 209.05 Application No certificate of registration and application for a conversion condominium license shall be approved unless the application contains the following information: l. 2. 3. Description of ground area by street number and legal description. Size of the building. Number of stories and height in feet. 4. Totat floor area of the building. 5. 6. 7. Floor plans of proposed modifications. Number of dwelling units in the condominium. Total area provided on premises for off street parking. 8. A certification by the owner that the building is not in violation of the provisions as set forth in Chapter 220 of the Fridley City Code. 9. The name and address of the individual to which any notice or order respecting the premises may be served or given during the conversion. 209.06 Condition of Approval Mo certificate of registration and application for a conversion condominium license shall be approved if there exists within the city a significant shortage of rental dwellings available to low and moderate income individuals or families, or to establish or maintain the City`s eligibility for any federal or state program providing direct or indirect financial assistance for housing to the city. 0974A 53 CERTIFICA7E OF REGISRATION LICENSE, AN� FEES APPIICATION CONOITION OF APPROVAL .� � � �: - €�t€� c��t � � r-^` =�t��r�, ��.; � _��.� .� � _ � - �1lkRY: 24, � �4t�_, Dean Sah�: DQri 4ta ¢k��i 1-1 e rrold �oarrknan, City FTi d 3�tttnan, tiirector _of Ce� b 14�dah�> Publ i c Wnrks; r��C�an, Hu�naa Se�v#c�s �� Y G()MI�IS'. � -� --=- 1tG�'a9�x; CHR2RP�0�t �'H n€ tR5 _ P _ ., — - a{�py to` be #r� � # ., , �: �� = �otm�iss�on �ei,�tg � -�i ch�sz � - E�i�tARY i7, 13B2 f _ WRY`d "1255" Si1047t� �LARED TR� 1�lTAU�'�S �parimeni, who has . 2etor o� ��]' Sehv�ices, ' � the fnergy C�t}ssion. . �re?ated �liings #'rotn sct�vere+3 i s �hat you eaple, �m�whieh at:�:thi� �i�e - �y Agency has noi tQ3d �cy has a T�sl� fnr�e� #� a concxusion on ' � �� ctay, etc. The ; �a�rt e+�ergy �age £PtEAG`Y Ci�I�SI(340 � Mr.<-. It�rt �tat�d,;.t� . rttt�u.h�v2-loaded-� xt�sx two �ypes of �up�sed ttt be t#�ea �L�e�t i� Y.� h��i�' s�Sedl� ei imir� � �Q and a '�a�ua�y� 41r. inmm�n �Lated �i daTlar amo�nt. 7tu m aS �t►t, i�tflation-p� des�gtted tts receiv� ` °�risc�gtton, 4n�- fi��i-�ud�ts a� #,#�t-`+�iscQVered t#ti ��sorts and rep]�� _;i� factars neVE fw�e�t the Pub7 4 c klf �[a:� �re mt�st er�er; i�lr.'._ii�natt stated t# �h�-G�uttf :start tt a�at,tt►ey are afte� � As ��;-as i�s�tv ihi"s!: tis3'��y it�e �ity t�+ �ak'Fng 'f� �resus�s �r e�ergy. or see b4w 1 ��st1� h�aw t}t�y �rr aw !?N'.' ��r►�aan �taied tf pttxsitt� ihi s f uwttt� tre �tad to hQlp t� I�igh€ have regarif�t� S�ate or Fe�iera} £� Ct�ission 'w�rat t� - Mr, ida31 s�a#ed .i�; ° t#t9� syste�tt �as nE�l � Ne stated, it � ih�': cc�nseruati�n is tr�� ittag,they at'e lot� P�. _��rcfahT: ��a�e�#° actcf�"ts, a�T�#Mi� T3'�{ � �f3�'- '�tfi'S$ #!}855� bE �:l �Ef!'�y t�4f iU..}1�3itLx a► � e�e�tric a�� gas bi tte�r�, th� e�ect�i _ the mini-maxi auc��l ;= r ; � :.� , ^ �Y 2d,r T9 em 5S simply.no; �i�er base eV�`Y;' �Y have sele�ted '�� #est. They c ��:�is B�'il p � �';�tsmpawit�g b ��' a# a- danu �.��re�'age teq�ier '��i��'ihe system 'tsd to �se �r:. < Once tNe; �ep�rts by ipc �za base year, �fi�itttng th�t-� ��3�t't even rea] �tst� °�xample, of �t�dtwas the.et�� t ean use'. �'ii versus the � � �i� �a' piace an+ aidf ��i�, 3g�i'n i�,Y -i� orr a hol d �'�a'1�S #o tlt� ra �� e Pos�ib�+' �� . �iem such ' ai � �€�e doing ca � � ;�.� : he �til1 ct�e:`E darre. ��t �iiGSl�eri� ��;It is � mc 1�378, the scFi`ool r was' requi red t !� Wr7S t0 CO�;� eC �=�f'the City's t�t#r�� to the St �s cbnsumption- 'i�te� received 1 PA&E 2 � t�ra� �r� enerqy sY�t�m i.n whi�h � s t IYer �tegree day. 7he the degr� day.factor • a-veragc ��tperature is is +1�3a, #�r 0xa�$s�', � t� sa�e data��sy unit afi�:, : Fu� ta in, ;t#t� s�stem is ra3 gas a�it ��ectricat t�s6egin.to compare how ffi`��te¢ LL'prie of the things gotng .�� was cbm- : . fous pump f�ouses. One tt� run- f' It is da�� ta reP Pc�mps up to tt�e pa9ni;where iat� Er�� ncy decide�_�,�, �.v.� s,�v+.a.xa. �.. hat responsi- the idea of .,..nf „� �.�n�gy;Cor�1n'Ess'ft�r� wanted to: �; L,� �to ihe Cotnmis�,�tin, he would � e any sc��#ge�ttf'��t�e E��tan�s��; _ g�ts any coi�ct�s.jon fram the tMe Cama�ssi� •��°show the �3:� �e: s�i�id h� v�s di sap�oi nt�d �� t z�,� be :Used ;an �,ndusir�. i�'� �rr�ime t�o�-�� eriergY n��.i� :�7cac�ly,�e-kind of ' F�ui�d-��do th� �i�n#-maxi ��a�e type Df r�p�riing. , �q-�'f�i1 'FQY'� $�lt�' $�ta'��..,.. �a>, thert go �hro�agh all ihe an E�tistZ�rg Buiidsr+g Energy ��ars'?�77 �nd 397$ prior to z�##�g-,for the�mi�ti�€udits which � � , _� � � _ £ _ _ Z4; �! �n .t��y c� �is �s7on cou3d da rQre a ncrosls��^: Mr. Inman; �: - tEC�� ' �� : _ .� tQ t% � �� ai-au�it; ar�it tiag :nergy �onservatian �udit has be�n:� � �E+e i�fo��.Qn - aa�e ��r�t b��tn;. _ �i�g,wi3'3 n�i be , ��udi � cuv�r�d .: � :he mini:-a€r�it,;; �r fi�t� 7 dings=-ihe . i The �oit1� �t�p. �z�{ea�ly sc��er.- Sta�� a�cd Fed�ral - �aen _tnvoived �n a •�__�.s-r:. .��t_:��i� ... . -. . �� i�t. S973f i4��}} ��,-�ttd €�^Eira tf�L ��- . � -�f th� iie�s �]isted � ��np}eted sv� o� the �ress ha�-'#��r taade i,�6e �ass 6f gapsrwgrk, �u�t ta e�npiete tE�e, �Ce_is dnoih�r �ass of �`%� h�ped �h� u�Xi-auclit� _ � �lan far;:t� �`Qt��sfit �.�ity i�t tfi5s a�rea:, �f �. � . 'T�o �hings.,were: s�ian.- with ih�ir.,expertise, �=�� is gc#ad"ci� }�acl;; �nd � what tne Goqmtf��i�t�.. . �i��, P�� :��_�� - �st�. , � u s�ppoMi fit=�m if�e�� - he maxi-audit r� "�d, ' i%. He wnuld t�.k� t�-s�e_ , '` i� be =:seht �ti;. Ci ty Ciiun�'i i : � cast effective items. � �' � r� - _ �3�Y C��Bt�:� �'�;�a��-�ked �f" � t3� io req� � �- . ��.users anr! h . �jar i t�ss--�spa� NM�� '��rafl ��aie€� � gi+1e them a c+�p�+ <� #i.I;'Es.. . �i� �i}�x�:fiaW� V��` S'1TY1f$'�#� 5'1'�; �11 Yt� CR$Y'� SdY'f�5 %fNE �.-? �Sa��#% tha�r�;� T#c�'��nu?ssi�n �� .,:. ��1:YF'.��, ' '.. �F'. �kdCf��tt 5��3�E by �f�e E��`g,� Csatf� 1��. �t�9 � � reccs� : be'�a��a��e �� p� `�` �� g�'�� i"r��i�.rQ,tn �� b� .� �c�Y�r�# � #�`.:,gt�: ` Ptr�- $€�ard�ar� stai� - pr'tm�ri }y Set up � -��use �r�:�w�ntsd. �t€�9E��'1ity: of thv; ��fbi3fty hf erir d�i��s a�e ratMa� �i�ed �r� �h� rvo . �f-*'� cur#t�irl t#r �fr, ldi�arton stat�+ use. �tas th� tt� iAr: Br�ardr��n s�a� act�atly an �c�e� F1�3 WaT 3 sta�d. � p��i� rigE�t-o#-� . �� F�e ;ii � ttQt t�i l'he- C�ni ss fitsn re C=1. C-2, an� C-3 � �, . _�r� `��I�;:�€�AItY 2ti�=-1'98�°:.,. .� �. - 3�-�`► J �t��the ma�ur t�r�Y: ,� �t��;#�t tr��etk�° �h� v m��h� G�t�+ sper�s o�`�� t°��= ��in9 P�i?s� �a��i =� �. � nur{�y.:�;ac x;ww.i- LS . � PAGE _4 .tildings.:He !}�-_i�I�: AYdj9F , - S�ta�� are the =�' ig�t�#ig, -etc 7 _ rfliY; ##e tv�ul d a'ts �f'f�� f�r--the tota� �} �_rY.�.r �:.. � i �]'�`C CIXllGi1lih''t�v �_ �� a�":' .,,.,,. .�.�...�, �-. the meet�ng. ..{. , .. ...,, . , F4� r _ ` � �=`� �, , _ ' : ��'� ._ __ . . - -' � fl#17�fDTf'`s 3i�iSj��.y '_ i ' �'k2d by =�iY�; -� would �f ;st}�ar energy t�' incipai ��:; « I� ��`��g �g �t�;� �hey want ,� 9�� .s�hetf�ei� g��;��'�o `put a , �nn�r�� fal7owing ch�ns,�es Strf�: -� . � � .�� ;� �.� t� �. �� ,, � . �� 3 e : '. �� t.w t up as thE the �: +s,�,�o it ya�d? Ttt�! is some d�t�c� �r�5 a,.�rinei�+ai; JT&t? I - r ener-�;��e was :� as:a��c�ssory tue. '�`9Y:�i�es �� the •C � a�s�ca u�cvt� �.p� v.�w..�v�,u� � 1"1 Ctl trfl. " ; R=2, R-3, F-District;_ �: ; :� _ � � � _`:' � . hdnqes r�i7i be pl �hEttl. a� �te_v�l�# it�vitx t9r. �u� ,��*-,r*,��- ii ��,; � wou�d submit co�ies flf i � � �� . � �" - insert'unL%r processor and wfTi--he E� the Plannin��Ca�nissi�r. THAT ALL �ffTANGE3 8E VNING COMMFsS2D1�. . ^LARED THE MOPSQN p ,'i`�QiT�lll S 5'I QA � �: ftlCpltiE-Y'S' �-'�EI . . . �pr�; ai thi s po€+�� n: _ a3�§nn thinne fNt3m �-�� .. . w- �xrati.�. . . ., �� s sr,�er;a�fs:.. ��.�e�ii��ion m�et��g. " �„�;dkscussed sane �e�e Code: He.under- �� i�,y, �s�recaetly �nance Code to the , iion of �vheiher ox n�t � TNfi� :h1b'ETING: UPtJN -�A D THE��FE814URRY'Z4i 2$8d, ,� --°= " - .; zf ' � _ _ � - .. � � ' � - ,-� ° 7 ._ . Y= - - ' „� T � -� i.> . _ _ _ _ . . _ " '- ��' m:-.v� � � ` _ - . .. - . ,, .a � � i ==:.;� _� � ". _' .- _ . _ . m=_'.' .� CITY OF FRIDLEY SPECIAL HO�SING & REDEVELOPMENT AUTHORITY MEETING FEBRUARY 26, 1981 CALL TO ORDER: Chairperson Commers called the Special Housing & Redevelopment Authority meeting to order at 7:43 p.m. ROLL CALL: Members Present: Larry Commers, Russell Houck, Carolyn Svendsen, Elmars Prieditis, Duane Prairie Members Absent: None Others Present: Jerrold Boardman, City Planner APPROVAL OF FEBRUARY 12, 1981, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. HOUCK, SECONDED BY MS. SVENDSEN, TO APPROVE THE FEBRUARY 12, 1981� HOUSING�S REDEVELOPMENT AUTXORITY MINUTES AS WRITTEN. . � UPOIJ A VOICE VOT&, ALL VOTING AYE, CHAIRPERSON COMMERS DECLARED THE MOTION CARR7ED UNANZMOUSLY.. � 1. PURCHASE AF LOT AT 5849 THIRD S7REE7 N.E.: Mr. Commers stated that at the last meeting, some questions were raised relative to the appraisal and fair market value on that lot, He stated the HRA had received a copy of Memo #81-19 from Mr._ Boardman which related to the reappraisal by Don Hennessy. Mr. Hennessy's appraisal concurred with Mr. Curt Larson's of $13,900. Mr. Commers stated that attached to this memo is an "End of Year Report" which reflects the totai remaining revenue in the Large Family Program 315 as $41,289.92. Mr. Boardman stated it was his recommendation that they go ahead with the purchase of the lot at 5760 - 3rd St. N.E., see if they calt that lot, and then go ahead with the purchase of this second lot. He steted the only way they wou7d be ab7e to purchase both lots at the same time would be to borrow from the Center City fund. He had cfiecked with Mr. Sid Inman, and Mr. Inman stated there was no problem with the borrowing of funds. Mr. Prairie and Mr. Houck stated they would not like to see the borrowing of funds from the Center City fund. HOUSING & REDEVELOPMENT AUTNORITY MEETING, FEBRUARY 26, 1981 PAGE 2 Mr. Boardman stated he was also a little concerned about cutting it so tight when these funds don't necessarily have to be spent, because they are not necessarlly federal funds. They can always transfer some of these funds else- where into their program, but they definitely do not want to spend over those funds. Mr. Commers stated if there was no motion by the HRA authorizing the purchase of the lot at 5849 - 3rd St. N.E., he would consider the tabling of this item. Mr. Boardman stated he had no problem with that. This could be takerr off the table whenever they had some indication of any additional monies, whether they would be able to se17 the lot at 5760 - 3rd St. N.E., or if they can start getting some closings on some of the other lats. Mr. Houck stated he would prefer to hold on the purchase of this lot. Mr. Commers stated that the purchase of the 1 until further information was ava�a�le. 2. REDEVELOPMENT PLAN AND - 3rd St PI.AN #1 i�1:yE.��J Mr. Commers stated the NRA had received a copy of the "Moore Lake Redevelopment Plan" at their last meeting and Mr. Boardman had briefly reviewed it for the Authority. The HRA had also received in the maii a copy of the "Tax Increment Plan #1, Moore Lake Redevelopment Area". Mr. Boardman stated that he had discussed with the League of Cities the proper way of going about setting up a tax increment plan. In the disc:ussion with the League of Cities and with the City Attorney, he found the City is a61e to combine tax increment plans as far asfunding and classify it as one tax increment plan; and instead of setting up two different tax increment plans, they can phase the tax increment plan however they want to do it. They way they do it is similar to the Center City Project where they just have one bond fund. All bonds that are sold in this tax incretnent district dre grauped into one fund, and those funds are redistributed out to construction funds. Mr. Boardman stated that the way the State has laid out tax increment plans, tax increment plans are allowed in redevelopment areas. If they do set up a redevelopment area,and as a project, they do set up a tax increment type of financing, they have to develop a plan for that. The State has established conditions under the tax increment plan that are a lot more restrictive than the conditions that were set up when they went into the Center City project, but stilt are not as strict as he feels they are going to get. In a tax increment plan, one of the things the State says the City has to do is lay out what the costs are going to be very clearly and concisely so that everyone is aware �f the front-in costs from the beginning. In those areas where they do not have de�elopment commitments, they can phase those developments and come in with amendments to the plan as they get commitments for those developments. This amendment process would include a public hearing before the HRA, a public hearing HOUSING & REDEV�Lf�Ni-t��'"�—°�L'ORITY MEE before City Council„ and notification to the districts for each•ofi t�� u'-'-'�°4L� That would be easier than trying to lay out and locate the acquisitions of parcels in the whole tax increment district, yet it stit] gets them established prior to any time the state law may change and affect what they can and cannot spend the redevelopment monies for. Mr. Boardman stated that in the tax increment district, he has set up the eligi- bility and he has laid out five phases in the district. Since this is all one project, a housing project, they can group those funds. What he means by a housing project is that the area is primarily going to be developed as housing, but they can do other things. Mr. Boardman stated they are still looking at a 180-unit apartment complex in Phase I. They have some plans on it at this point in time, and the developer is in the process of going to the Planning Comnission for a rezoninq. The primary purpose of picking that area as Phase I was because of the potential developer. In the estimated cost'of Phase I(page 9 of the Tax Increment Plan), he stated the City would assist in the purchase of vacant lots where the pond is located. They are looking at a maximum cost of $720,000, and a total estimated cost, including public improvements, of $555,964.00. Other sources of funding include a federal/ state grant on Moore Cake drainage ditch improvement in the amount of $154,766.00 and $60,000 for the saTe of property, totalling $214,766.00. With the grant and sate of property, they are reducing their necessary bonded indebtedness on that property to $341,198.00. Mr. 8oardman stated they are not committed to this project, and they are not locked into these figures, as they can be amended. In order to meet the require- ments of the State, they need to have one project that has an indication of expenditures. Mr. Boardman stated he has talked to Dennis Schneider, Ward Councilman .in this area, and it is Mr. Schneider's opinion that they move ahead with this project and set up a tax increment district with Phase I. Mr. Comners stated his problem was that if the HRA approves the tax increment district, people are going to assume that they approved the 180-unit apartment complex. That may be good or it may not be 9ood. He did not know if they should go ahead and approve the tax increment district without some public hearings and more information. Mr. Boardman stated they are not committed to any development. When this developer goes before Planning Commission for rezoning, there may be a lot of opposition from the people in this area, and at that time, the City Council may deny the rezoning and kill the project. The HRA, at that time, is open for other additional projects. Mr. Soardman stated they are not approving this plan at this time. In order to establish the tax increment plan in the first place, he needs to have one of the phases with some accurate figures. If they find problems with this develop- ment at some point in time, all they have to do is amend the tax increment district plan. [� . oardman stated he needs an approval to send out the 7ax Increment Plan #1 to the school districts and Anoka County, and to discuss with the school districts - and the County what the City's intentions are. He will be going before the ' ' County on March 10, School District #13 on March 10. and School District #14 on March i7, This has to be done before any public hearings. � The HRA amended the warding of "Rhase I Financing Plan" on page 9 of the "Tax Increment District Plan #1° as folTows: "The Housing and Redevelopment Authority has been approached by a private developer requestinq assistance in the development of a 180 unit apartmenC complex. The propasa7 wi17 provide for 20% of the units with partial funding for low and moderate income u��its under Section 8 new construction funding. If the Rroposal is acce�ted, the Housing Authority will assist by helping tfie developer acquire necessary property from various owners to provide sufficient land to adequateiy support the development and provide the necessary public improvements to solve drainage problems in the Moore Lake System". t is bein The HRA also recommended that the cost for Property Acquisition under "Estimated Cost of Phase I° on.page 9'be mo;lified to nore closely natch the aequisition. Mr. Boardman stated he would make these modifications. MOTION BY MR. PRAIRIE, SECONDED BY MR. HDUCK, TO APPROVE,.FOR THE PURPOSE OF PRESENTRTION TO THE APP.ROPRIATE AUTHORSTIES FOR THEIR REVIEW� THE PROPOSED MDORE� LAKE RL'DEVELOPMENT PLRN AND THE PROPOSED TAX.INCREMENT PLAN H L � . UPON.R VOICE VOTE, ALL DOTING AYE, CHAIRPERSpN COMMERS DECI.ARED THE MOTION CARRIED UNRNIMOUSLY. . � � The HRA set a public hearing for March 26. ADJOURNMENT: MOTION BY MS. SVENDSEN; SECONDED BY MR. PItAIXIE, TO.ADJOURN THE MEETiNG. UPON A YOICE�VOTE� ALL VOTING��RYE, CHAIRPERSON COMMERS DECLIYRED:THE FEBRUIIRY 26, 298I� SPECIAL HOUSING & REDEVEIAPMENT AUTHORITY MEETZNG AA7013RNED AT 9:15 P.M. Respectfully submitted, � L !y ne Saba Recording Secretary � � ; �.; � � : �" �� , W � � CITY OF �Ls ,:�- ` �F,;;#3€St�lRGE * ,,�, ; : � : . �; ', ' .l�ETINfi - ` �� ° : � ;�1;� 5, �9&i _ � , �� . ,: �. , .. . ,.a,;_ � n��mFe'[s,��"'it�d,�the �,arch 5, 1981, �Ht�t► R�ources Comnission .c�"t�r �t'�Jt3�.p.�. �� ese�+i: �@eter:�'��ueni`els:-�1arY vaus Dan: YI�. �lch �ntz~, �ld,yise i��le, Wayne Saunders �q�t:, t�ry G��: Human Serv�ces Ass1s�� r��p'�.�e�ds�2eed, New Comnissi,on �te�r�. (�erm begins 4/1/B3) Jert'ol+� $oa�e�ark. Ci ty Pt a�mer � 6,<FEBR�ARX 5_ t�T. HUhWN RESOL3RCES Cf�M�5fiIt1Et FtiNt}TESs . V�F It�ki, SSE4fN�D8D BY lHt. W!3'LCB, 1'U A�8IN3t�8 T6S FEBRITARY 5. 1982, ',�&?CXil'�'gS:€flN iVTll}1'P,�S AS WRZTTSY�. �� ALL�V42'�'NG ]lYE� 'CHRIRFSRSf#�f_ �ffi� �&CLARED T9fi XOTION [NQi15LY. , �usr�En. M�w, c�x�st�;��: r`. Bcrpdspeed ta f�' CE�It'��'1€�P►° q�embers. li:ved in=Frid]e,� �'F1 �i�'°''��s and 9s a senior a.t ated he has an inter�3��,�t'`Stiq�' of the youth resources nds..if� as an ass#�� t-master and is active y2��C�+r�e.:Farir�rs of=America. He;�a�t.xtl�a� tMis fa1T Me wila be '�niV+a�^s9ty pf Mirrne�ata�s Cotleg� p�.�3r€eui;ture majoring in Educatiae�. .lfe we�utd like to be a�.�ir�#�ure Leacher, a county �'�tt#n� like fihat: �+tAL YEAR :tlf 7NE BiBABLED PERSf,�+i3 : 3�A�1'� .�l' MARY YAN DqN. <�� ,? S � '< a +, ��`�+��r�. �:�- � � �" ��t � U�ited�Nations has praie"kairqed_1981 as the International ;�� s�.��.. It� �3s tt� ca7� on a��i�-eat3nns in the vrorld� to ifl�r a��oPriate..way th�,y can �F+at woutd make #he dfsabted ' ;ipatinq member of society, whet�e� it involves education, fe, transpartation, accessfbft�aty 8o buildings, etc. " � -,_ :, _ � -+�sO PAGE 2 _ ,, Ms. van Dan stated she would like to fornt a project cortanittee that is not actually a part of the Hurnan Resources GoCanission. She stated Mayor Nee appointed j her liaison chairperson of the project ctxmnittee, in that she wiil be helping to e�tablish the project comnittee, get the pubtic involued, get disabled people , inYOlved, and get schoals;involved, so they have a large, cooperating group of �op1e togetMer who can provide a functiarting program for the disabled. Ms. van Dan stated the disabted includes many groups; epileptic, �ntatly disabled, physically disab7ed, alcaholics--anything that causes a disabiTity. Ms: van Dan stated the:fotlowing steps had to be,taken: 1. Establish a meeting date--she would suggest the very end of Apri1J ffrst part of May. 2. Establish a meeting-place--City Hal'7, Parkview, or Village Green 3. Get information out to the media--an article in the newspaper stating Mayor Nee has appointed I�er to form tbe<commfittee; t6en weekly announcements in fihe fridTey Sun, cab"Fe TV,:etc. Ms. van Dan stated she would 7ike to get as many ausinesses involved as possible as businesses can act as sponsors. She stated it wauld be a good idea to send a letter to all the businesses in Fridley tell#ng them about the project committee i and inviting them`to particfipate. She stated they also wanted to inform att clubs and arganizaiians in fridley to ask them to get invo1ved. 7hey also should send fliers to all t6e Fridiey cfiurches. 7hey want to reach every single person in the comnunity. ' As far as projects, Ms. van Dan stated that it wou�d be up to the committee to � decide on projects. Ms. van Dan stated the Minnesota fpilepsy League is having a cogrdinating meeting c�n March �2 with Sh�rry Engstrom, who is the state-wide coordinator, and she wil7 be pr+esenting some J981 activities from a number of different groups that have already;been functioning. They wi11 be d�scussing,how the committee members can work r�ith other comnittee mert�ers in other communities. Ms.; van Uan stated she would have more information after attending this meeting. 3.` DISCUSSION OF(ELECTION OF GOMMISSION OFFFGEitS FOR 1981-1982: Mr. TreuenfeTs sta'ted that the election of chairperson and vice-chairperson will be he7d at the April.meeting. Ne outlined the duties of the chairperson and vice-chairperson, reminding the Coramission that one of the duties of the chairp�rson is being a voting iriember on the P3enning`Commission which meets twice a month. The vice=chairpersan chairs the C�rtmission meeting in the.chair- person's absence and attends the Planning Commission-meeting in the chairperson's absence. �. 1 � � � � - � f $ H 4'�� 5; _ fi F t�._ _.L� a....,v��_ : ., � i � :. k � � � � .;., - ��'*� y��F,<�'..° . � .�Y �� g'.: . . 'f. A E.*k. s � �_. r`: .- '�`"'�'"�`�F? u � • ,. 5. -'1�'� <.:�- � ��... C,�B� PAGE 3 ;; :� nt role, and she Resourees Comr�ission 35 at Gity Na1T, she -: �P«ir qltF'E¢:jGY.-LG1' iW+3GnMiG. 1.V=%PiA�G1�V- LI)�J� .- . .. . . + � •� � . - � < . ,. .. �_. I . . ` '°��i1�i:�if S�TTIA�: �tN�!FISSION GOAI.S: i=��'�'"rnm _ � aYan e i�;i+m} �"Fs �#�ted ho;•�d also put down on r� s� "Suggestions for �oa1s 1�. -�!#e,�t]ined i�e foliowing goals tfte �sSivn might want to consider: ��+»i; .{2k Fupdinig, af service oryanizatfa�ts; �� Disabled; (4j Housing; ��►�#ghts: i'6j �:��so�n uith other organiza#,�o.r�. n� �re:°�f�ndi[�g of ssrvice arganizatin�s", �Ps. van:Dan stated she thought �sictn sbout�t >set' sa� rigad guidelines as 1:a the- time involved in the a�t�s' :��resentat9o�s. She;statediha#' if #he.-Caa�oission has the proposals �€ ��e� ,t�Y cou]d come"prepared t�s m�qk��.c�.i�i�n at the�Ju`ly mee�iny. ;�#'�c1 ther� 4s a r�a3 difference of o��.aq� �ey cannot make a decision, �r,�d,i►�vi�e .�,nf t6e flrganizatl�� t�a.tt►e'Attg�st meet3ng. t-",. �,��at.ed he wou�d�not like to give un�4t� ��"va�La� or disadvantage to ;e�tt��►ns whp tc�e �e�ore the Coa�iSS�ot►si� person as opposed to those � c� befure :'�e Camrnission in person,� I�e :#w�ght they had develvped �i�.s� tf�i� the:�rqanizations eou9d�.�x�;a,written propQSaT, arid the �-r�'�d° �tx�ge��tt��.t�� the mewits o� �h� �±#�� prqposats�. In al�a "fair- �� s�i#1�id use fi1t� s�= pE�ocess for all pq�tt��ial fundees. For the purpose � 1�c�r,t#� money yr�s spent and Tearning m@�.�au� how the organizations it��a p�p-funding:situatit�n is a11 righ�,t#�#t`"tomix it up with the review ��ts ca�ght c�e��e same prublpms. , _t#�+i �y.r,�d wi �#i {�. 4iel ch. ��#.��kgd that befcrrr Lh� Ca+mission s�e�b�r&. re�lve a proposat, she has �.� a=bf� of ti�e atorking with the uxg��tiA�ts, She has made a paint �ny "t�em with a1T �h�.infarmation anci art$�erlhg any questions they might F�e �y s�mi:t t�ie °�rpposals. She has had� �ery f.avorable response tha# tul��es:are very t�ear.and the organiz�L#ot�s k�ntnv what the Gommission �A, sta�ted that�. giyen a chaice, he wou)d, pr�efer to work from the �tr�osais. �e�s sLat�d t�e. �'+joys tat,king to pe�a��e fes�. io face. He feeis very. r��t►;��e #ace.to•k8ce rtieeting. He� staLied �45.%��in shoutd re7a�y to #he t'� =�}l��.�'t�e�+xc�ufd .e��oy m�eting with the�f ��# ta}king� to �tbem without � F wp 1�i.e�� I`eaww{.cc-0..a. i.f 4l�uFr .en �Ineiwa.d �� . . � . . _ _ „_ _ _:._�v�� 1 l t� �- _._ HUMAN RESOURCES CQMMISSI(IN'MEETIN6, MARGH. 5,�1981 PAGE 4 Mr. Welch stated he thought it might be a prob]em if an organization expr^essed the desire to taTk'to the Gommission and was told they could talk to just the chairperson. He felt a little uncomfortabie ar�th hauing the.organization not be abie to talk to the whole-correnission. Ms. van Dan suggested that they only have new prga»izations meet with them to gfve an initial presentation. Mr. Welch steted he would rather have uniforarity in the process. He felt it was better to F�ave all the organ�zations do the same thing, whether it was to make presentations to the°Commission or send in written proposals. Ms. van Qan suggested they have all the groups come in and make br�ief presenta- tions, which wou]d be in addition to their written'proposals, at the Juiy meeting, and then at the Ati�ust meeting, the Corranissiatt should come prepared to make their final decisian'. Mr. Welch'stated fie would prefer to do that than have Mr. Treuenfels meet with the organizations himself, although he felt it was unnecessary, because during the time the Cort�tission and Ms. Cayan spent on developing the guidelines, they had made it sufficiently ctear that the decision was to be made on the basis of. the guidel9nes alone. - Mr. �aodspeed suggested that tMe organizations submit a written presentation, which the Correnission could'review prior ta the meeting. Then the or9anizations conld atiend the tmeeting and answer any questions the Comnission might`have. Mr, Treuenfels stated they did not know how many organizations would actually submi,t proposaTs.s He sta'ied the "presentations from service organizations" shouid be put on the Aprii agenda for furtMer discussion by the Comnission. Regarding "human rigfits", N1r. Treuenfels had stated in his memo that the Minnesota Department of Human°Rights has placed 720 human rights case in limbo, due to iack of staff and 1ack of time. He wondered if the Commission could assist on the local leve}; how much staff time would be roeeded, and how much time would the Commission'be wit}ing to spend persanally? Does the Comnission want to do anything with'this again? Ms. van Dan stated that the mbre she reads ahout the backlog of human rights cases, Yhe more she thinks maybe the Gomreission:should give some cansideration to this and make {t something really vital to help solve some of these problems, locally. Ms. Cayan stated she had taTked to the Infake Supervisor at the Minnesota bepart- ment of Human Rights. Tfie Department's attitude taward 7ocal municipalities being involved has changed and they are more willittg to talk abqut it. 7hey have had some tra#ning sessions> but they have had Very few commissions to date inva}ved, so they are not sure how the process is going to work. They are RR9�� v ' . . ��_ . . . . . -. e . . " `�. - . Z - ,, .1� . � . . . "J� � . . . . �, �;R�50URCES COMMISSIQN M�ETIN6. MARCH 5, 198� PAGE 5 �" � � � � . �ve,i.qp� .� t�w �aanual and taiii be having tratning sesslons, but nothing has `:�t:deV�d to date. The Intal�e Supervisor did` �€tumtend that if a ��- �`�i��=1s�i►rteres�ed �� ursuing�`this, th�y'°stzuule� €lrst consult a city k. ��!tey. Maybex'�he way to �andle .it is �� hav�ng a�rrojQCt co�nnittee and, ;.:�r�b3y�having,;a lawyer be a�volunLeer of that proj�c# c+Qmmittee. Ms. Cayan� �t�,sM� had reqliested a�copy of the new manuat be sent to the Compission -,id��rE i� is •�ompte#ed. : f�. ��ii�tl�eis stated he wou]d like ta pursue,this #n a very informal'way. The ,_.��h#�a#�t° a lawyer beirtg involved was a very good idea: ' r-TF�. C�a4i�s��n pr�iaritited the #ollaving goals far tt�e year T981: � 1. U#sab�ed--aeces5i#�41ity and affirvna#ive actt� vri11 be covered � under this goal., 2. Pr�posals.f►^c�n service organizations 3. HdiGiah ri ghts ' � Mt', aarc�ap a�sked that. R N�en the Gbmnission waS:l,00icir�g at goals, were°they a7so �'`L�1cf a�;sl�w� term �d�s--what those goats� c�►�r� a�ce�npl-ish this�year, and �� .,. ,j ��>'�a8re brealEing thase goals down ir►ta a�tiyiti�� that couFd be accam- ;� ' Fte,sug�ested tf�ey also bave some long.ter� goals--sueh as three-year �»sQ.thxy do fi�ve:smmething they are workit►�.i�a i�aadiately, and then every .�#yi�►v fihose long term goals for the next year's activities. : " : � : <2�^ ;�c!eu��s3s st�ted th,at was a good suggestis�rf. ,;t��.'I�krl;ch �tated ttrat in f.atking about goats, he, woyld tike the Commission to �. �#i�k :abot�� s� pps i ii v� gnals . Most of the gaa7 s ar�e probl em goal s� whi ch are i��tt�ue LM#ngs. �i�^. �r�n st�ted he would 7�ke to see #he Ga�isSi¢n look at the City of �.��id}�y:6G�ts &�j�ctives and use_those goals a�d:oh�ec#ives to see if there ,.'Fs. at{y va]idity in what fras been set up and try ta�:estab]ish some long range � � �.�a�, eY�ut ifi they are getaerat. Every.year they eAn re•evaluate tMese long- � ` ay take one oa� and break it into activit�es the can accom lish ,�.:.��&.�b �s _, 9 s Y P . ;1�r. Tt�2uenfe7s Sug4ested triat the Comnission alsQ spertd saae time thinking'about #,I��.f.t�q►is�jt�rt's scppe; a�ni from that scope, thihk about selecting some long �� c�als fo�^ futare years and so� short term gpa�s for the coming year, .°t�. �felch;Sta�ed he would like.to review the current>goais and objectives. He '�#�i� �re sdea�of having a s`cope for the co��sfon.and what the scope is trying .T'So;e��sh.' He states! �Ctt�jr:r.autd distuss.t.�i� at:the next meeting. ,<5. ..,�,�S,C�QN UN M�+tBF.RS�IIP IN.THE LEARUE OE MENM�SOTA HUMAN RIGHTS COMMISSION: tAi�. ��e�1�fa]s staLed the C.ommission members had ►��ived a copy of the League ct# fi�eWt��p�a }i�an Rights Gomnission's purposes anrl ol�jeetives. He asked the ��6ivst t�mbe�°s if they woutd like this coamissitan t� beCOme a member of ��°Ntt�qe�t�f.a Nr�+ian Rights Goamnission. . ,. ! � � �.r. .__._ HtlMAN �aacH 5. »s� The Conmission members agreed they did not wish to join the League of Minnesota Human Rights Camnission. ADJ�tiRNMENT : t�lOTION BY MR. WELCH, SECONDED BY MS. VAN DAN, TO AA70URN THE MEETIAIG. UPD1J A Y(1ICE VOTE, ALL VtJ27NG AYE, CXAIRPERa^ON TREUENFELS DECLARED THE XARCX 5, I481, XU/�lAN RSSWRCES COMhlISSXQN MESTINGI�JOURNED AT 9:38 .P:M. Respectfully submitted, ,�,L, ane Saba �— Recording Secretary ' I _ _ . -.� � CITY OF FRIDLEY COMMUNITY DEVELOPMENT COMMISSION MEETING MARCH 10, 1981 CALL TO ORDER: Chairperson Oquist called the March 10, 1981, Community Development Comnission meeting to order at 7:45 p.m. ROLL CALt: Members Present Members Absent Uthers Present: LeRoy Oquist, A1 Gabel, Sharon Gustafson Connie Modig, Kenneth Vos Bill Deblon, Associate Planner APPROVAL OF fEBRUARY 10 1981, COMMUNITY DEVELOPWIEt;T COMMISSION t4INUTES: MO'L70N BY 1�42. CABEL, SECONDED BY MS. GUSTAFSON, TO RPPROVE THE FEBRUARY 10� 1981, �COMHUNZTY�DEVEZAPMENT COMMISSION MINUT�S. UPON R VOICE VOTE� ALL VOTZNG AYE� CHAIRPERSON OQUIST DECLARED THB MOTION CARRIED UNANIMOUSLY. � 1. INDUSTRIAL REVENUE BONDING: Mr. Oquist stated that the City Council was looking for some direction in esta6lish- ing a policy for industrial revenue bonding. Mr. Oquist stated he had reviewed the "City of Fridley Informational Packet for Industrial Development Revenue Mortgages and Bonds", prepared by Marvin Brunsell in July 1979, and his first thought was that the City aiready has a policy in this packet. He stated there are some good things in this packet. Ms. Gustafson stated she felt the City should be a little more selective in granting industrial revenue bonds if the project is not compatible with the over- all development plans of the City. Mr. Oquist stated Item #1 in the "Policy and Criteria as to the Review of Municipal Industrial Development Mortgage and f3ond Applications" stated: "Compatibility of the proposed project with the City's overall development plans and objectives, and with those of the neighborhood suggested for the project's location." In other words, does the proposed project meet the City's Comprehensive Plan? If it does, fine, then they can go on to Item H2. Mr. Deblon stated that there is a probler� with that particular criteria in that the City's Comprehensive Plan has not been adopted. � ti � COMMUNITY DEVELOPME_NT CaMMISSION MEE7IPJG, MARCH 10, 1981 'PAGE 2 Mr. Oquist stated maybe a moratorium should be put on all industrial revenue bonds until the Comprehensive Plan has been approved. If a praject does agree with the Comprehensive P7an, some other questions are; Will it bring in potential employment? Is there incentive for future development? The thought is, do they want the City to limit certain kinds of industries? But, that would be discrimina- tion, and the City can't do that. Mr, Oquist stated that when he read through this material, he did not think it was a question of somebody taking the City to court and the City has to prove why it did not authorize industrial revenue bonding. It is a state law, is some- thing that is available, and something tf�e City can grant. The City does not have any obligation to grant industria] revenue bonds, unless they would be getting into discrimination. Mr. Oquist stated he wouid like to ask for more direction from the City Council on this and to ask City Council if they find the current policy inadequate and why. Ms. Gustafson stated she would like the City Council to state their objections to the present policy. The Community Development Commission cannot develop a new policy if they do not know what is wrong with the old policy. Mr. Gabel agreed. MOTZON�BY FII2. GABEL� SECONDED BY MS. GUSTAFSON, TO ASK THE CITY COUNCIL TD GIVE ' TXE COMMUNITY DEVELOPMENT COMMISSION MORE SPECIFIC DIRECTION OR GUIDELINES ON WHRT I THE CITY COUNCIL WOULD LIKE TO SEE R5 FAR A5 A POLICY ON INDUSTRIAL REVENUE BONDING� AND TO ASK THE CITY COUNCIL TO GIVE CLARIFICATION ON WHAT THEY THINK OF THE � EXZSTING INDUSTRIRL REVENUE BONDING POLICY.� � UPON A VOICE VOTE,�ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THE�MOTION CARRIED UNANIMDUSLY. � � � � 2. PURPOSE OF COMMUNITY DEVELOPMENT COMMISSION: Mr. Oquist stated they really needed a full commission to discuss this item effectively. He stated that maybe the Corrmission wil] have to either narrow down their goals and objectives or recommend tfiat there is no longer a need for a Community Development Commission. Ms. Gustafson stated that, in calling other communities,she found commissions that would play an important role in this community, and maybe they could incor- porate some of those commissions' ideas into the Comnunity Deve7opment Commission's structure. Ms. Gustafson stated there is a commission in St. Louis Park that advises the City on cortnwnity development block grant (CDBG) funds and keeps the community up to date. Staff keeps the commission-up to date. The commission gets input from the communi#y to see what the needs are, and staff advises on the availability of funds and what the funds are to be used for. There are opportunities for input and public hearings are held in front of the Lommu�ity Uevelopment Block Grant 1 y . COMMUNITY DEVELOPMENT COh6+lISSION MEETING MARCH 10 1981 PAGE 3 Commission, and the Commission detettnines where these funds are to be spent. There are no specific areas where low and moderate income families are to be located, so there is no specific area for CDBG funds. Ms. Gustafson stated that Brooklyn Park has an Economic Development Cortenission, _ made up of business people, who advise the City Council on industria] revenue bond requests. This commission establishes and organizes a"Commercial and IndustriaT Day each year for all business people in the City of Brooklyn Park. Ms. Gustafson stated another commission in Brooklyn Center is the "Housing Commission", and this commission advises the City Council on housing and housing projects, and they advise and work on HRA projects. Brooklyn Center also has an HRA, and this commission is not redundant with the HRA. They look into HRA projects, advise, and discuss them with the HR4. In 1975 a Housing Maintenance Ordinance was adopted, and the Commission holds regular reviewals and public hearings on that ordinance. They are also 7ooking at the Inspection Ordinance. Ms. Gustafson stated Brooklyn Center has a Community Development Advisory Commission, which advised the City Council on CDSG funds. So, Brooklyn Center has this commission, the Housing Commission, and the HRA. The Community Develop- ment Advisory Comnission meets twice a month and esta6lishes priorities orr the funds. Ms. Gustafson stated that several of �he comnunities have a citizens study commission, which receives special assignments fr.om the City Council to study. They hoid community leaders' workshops. She stated that at ]east these communities have citizen input into iesues of the community, which she felt Fridley really needed. Ms. Gustafson stated she would like Staff to find out for the Comnission who decides on where the CDBG funds are to go and how much money the City has received. _ Who holds the public hearings on the CDBG funds, because public hearings have to be held, and where are these public hearings held? Mr. Oquist stated that from the information Ms. Gustafson has found, it seems there is more of a need to narrow down their goals and objectives in order to be a co�ission that deals with what kinds of money the City should be spending and recommending on housing kinds of projects. The question is--would the City Council want a commission like that? Ms. Gustafson stated that commissions are formed to get the pulse of the community> and if this Commission is not informed, how can they inform others of what is pro- posed and be able to know what the public needs and wants. Maybe they can recommend that the Comnission be restructured so that each member represents . certain neigllborhoods in the City,a�d it would be each member's responsibility to get the pulse of that neighborhood. Mr. Ga6e1 asked what Staff felt the Community Development Commission's goals and objectives should be. Maybe they need to change this Commission so that it reports directly to City Council. �. ,� COMMUNITY DEVELOPMENT CON74ISSION MEETING, MARCH 10, 1981 PAGE 4 Mr. Deblon stated he would like to see the Commission do things that are worth- while and productive, He would ]ike to see the Commission get involved in issues and areas of research that need to be pursued and make recommendations on issues to Planning Commission and(Sty Council, but he would have a difficult tiiae looking for issued for the Cormission. � Mr. Oquist stated that maybe the Commission should invite Mr. Jerry Boardman to their next meeting to discuss the purpose of the Commission. Mr. Gabel and Ms. Gustafson agreed that Mr. Boardman should be invited to their next meeting. Ms. Gustafson stated the Commission does not expect Staff to make work for them, but they would like to have definite goals and objectives they can see so they have something to advise about. M01'ION BY MR. GRBEL, SECONDED BY MS. GUSTRF30N, TO INVITE TERRY EOARDMAI4, CITY PLANNER, TO THE APRIL 14 COMMUNITY DEVELOPMENT COMMISSION MEF,TSNG. Ms. Gustafson stated she would like a rundown from Mr. Boardman on the CDBG funds and all fudding they get from City Council, the extra funds, and the basis by which these funds are dQtermined to be spent. She would also like to kncw who the decision makers are on these funds. UPON A VOICE VOTE, ALL V027NG AYE, CHAIRPERSON OQUSST DECLARED THE hf0'llpN CARRIED UNANIMOUSLY. . Mr. Oquist stated that, hopefully, they will have a full corrmission at the April meeting. He felt they should be zeroing in on where they really want to go with this commission. ADJOURNMENT: MOTION BY MS. GUSTAFSON, SECONDED BY MR. QiBEL, TO�ADJOURN THE ME&TING. UPON R VOICE VOTE, RLL VOTING AYE, CHAIRPERSON OQUISS DECLARED THE MARCH .ZO, 198Z, COMMUNITY DEVEIqPF1E'NT COMMISSION MEETING ADJOURIVED AT 8:50 P.M. Respectfully ubmitted, •,i �f i,; r,.0 C1.��GlJ Lyhfie Sa a Recording Secretary i � S � CALL TO ORDER: CITY OF FRIDLEY PLANNING COMMISSION MEETING, MARCH 18, 1981 Yice-Chairwoman Schnabel called the March 18, 1981, Planning Cortmission meeting to order at 7:35 p.m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Treuenfels, Mr. Svanda, Mr. Oquist, Ms. Hughes, Mr. Wharton Members Absent: Mr. Harris Others Present: Jerrold Boardman, City Planner Bill Ueblon, Associate Planner John Flora, Director of Public Works Dennis Schneider, Councilman Henry Stenquist, 7100 Willow Lane, Brooklyn Center James Benson, Mpls. William Jensen, 6875 Hwy. #65 See attached list APPROVAL OF MARCH 4, 1981, PLANNING COMMISSION MINUTES: MOTION BY iZS. HUGHES, SECONDED BY MR. TREUENFELS, TO APPROVE THE MARCH 4, 1982, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLRRED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC OF P. IVERSITY I ,�n�10, B�ock 3, of P��at University Hin ustrial Park, from C-2 (general business areas) to M-1 (light industrial areas). Lots 1, 9, and 10, Blotk 3, to be developed as one industrial site, the same being 8000 University Ave. N.E. MOTION BY MR. OQUIST� SECONDED BY MR. TREUENFELS, TO OPEN THE PUBLIC HEARING ON PS N80-OI RND ZOA N81-01 BY RSCE CREEK ASSOCIATES. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLRRED THE PUBLIC HEAR21\tG OPaN AT 7:37 P.M_ Mr. Boardmanstated the main issue the Planning Commission had to deal with at this meeting was the rezoning request. On the reapproval.:of the }�lat, the plat was not recorded within the 180-day period since the plat was approved about a year ago by the City Council. Because the deadline is a period of 780 days, the petitioners are required to come in again and get reapproval of the plat from the City Council. But, because they also have to come in for a rezoning on this issue, Staff wanted to a7so bring the reapproval of the plat before the Planning s 3A PLANNING COMMISSION MEETIN6, MARCH 78, 1981 PAGE 2 Commission. He stated this issue does not require a public hearing and does not have to go through the same process; however, there may be some issues with the plat that the Planning Canmission may want to recomnend to the City Council that also deal with the rezoning. Mr. Boardman stated he has just received a copy of the new plat with the drainage plan, and Staff is still in the process of reviewing the drainage plan. One of the primary conditions of the plat when the plat was initially approved a year ago was that the petitioners submit a drainage plan, and that plan has now been submitted. The difference is that their drainage plan for Block 3 is based on sane p7ans that are proposed for that site.The rest of the drainage plan is simply a statement that says those drainage plans will be developed when building permits are issued or when they deal with each individua] lot. Mr. Boardman stated Staff has a problem with that unless they can get that state- ment as a covenant recorded with the plat. Staff's primary concern is they want to make sure that the people who purchase these lots and who are going to be involved in the development of those lots know the City has restrictions on drainage. Mr. Boardman stated the initia7 intent was that they have an overall drainage pian for the entire plat, and in that plat, they would have one area where water would be stored. Mr. Dave Harris feels this is not the type of situation they want. They feel the land is too valuable and that water can be adequately stored on site at each development within the parking lots and within the green area along those sites. Mr. Boardman stated he has a copy of the drainage plan for area 3. They have some problems with this, because that property is presently not owned and not cortmitted, other than owned by Mr. Harris and Mr. Schroer, who are proposing the development of that erea. There are no corr�nitments or agreements at this time between the property owners. Mr. Boardman stated the Planning Commission has received a copy of a letter from Dave Harris to John flora. In the letter, they are looking, not only for approval of the plat, but also, with the approvaT of the plat, they are asking for a set- back approval from 100 ft. to 35 ft. MOTION BY MR, WHARTON, SECONDED BY MR. SVANDA, TO RECEIVE THE LETTER FROM DAVE HARRIS TO JOHN FLORA RE UNIVh'RSITY INDUSTRIAL PARIC. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANZMOUSLY. Mr. Boardman stated that the Zoning Code requires that all M-1 property across the street from any other zoning have a 100 ft. setback. Mr. Boardman stated this has been done before, and the City Attorney said this was the legal way of handling it. F: PLANNING COMMISSION MEETING, MARCH 18, 1981 PAGE 3 Mr. Boardman stated Staff's concerns with the drainage plan:: (]) if they approve the drainage plan as submitted, they have some commitment for the amount of water flow that is going on the property to the south of this property; (2) 7hey have a covenant that is recorded with the deed so that any future buyers will know they are responsible for handling water on the property; (3) If this drainage plan is approved, to make sure they also are able to submit landscaping plans that will satisfy the intent of the City Code, which is screening from street right-of-way; and (4) The question of whether the Planning Commission wants to approve a setback from 100 ft. to 35 ft. with the approval of the plat. Mr. Jim Benson stated he is representing Rice Creek Associates who are presenting the plat to the City Council. He is also representing �erry Paschke, along with Rice Creek Associates, who are requesting rezoning. Mr. Benson stated when Rice Creek Associates came through with the plat, all the property was originally zoned M-2 industrial. When the plat came to the Planning Commission and City Council the first time, the rezoning basically went from M-2 to M-1, except for the commercial property bordering along the service drive. When Jerry Paschke approached Rice Creek Associates to purchase the property in order to build two different buildings on the property in two different stages, the first building being built on the upper portion in Block 3, Mr. Paschke reapplied to the City for rezoning the commercial'lots to M-1. When they found out that Mr. Dave Harris had not fi7ed the plat in time,they realized they had to come back to the Planning Comnission again. Mr. Benson stated this is very much like Paco Industrial Park, which is a business park. Paco Industrial Park is now virtually sold out and is a very nice project. That is why University Industrial Park was formed with the same type of layout, same type of street, and same type of zoning. The building Mr. Paschke will put in the first phase will be much like his other buildings. The reason he is requesting an M-1 zoning is because his use of the building fits M-1'better than commercial. He stated that with phase 2, Mr. Paschke will have to come back to the Pianning Commission again and request a change for that phase also. _ -- -- _ — _ -- --- — -- Mr. Benson stated Mr. Bill Jenson of Suburban Engineering is at the meeting to answer ques ions rega�ing drainage. -- — Ms. Hughes stated she would like to read a statement she made in the Feb. 6,1980, Planning Commission minutes (page 5), because her question related to an acceptable storm water drainage system being designed-for this plat: "Ms. Hughes stated that if there was not excellent control of water in this plat, she would hope that whatever means available are taken to prevent any development of the land." Ms. Hughes asked what was the acceptable water control on this plat? Mr. 8i11 Jenson stated he is an engineer with Suburban Engineering, and he is also here to represent Rice Creek Associates. They have been discussing with City Staff the question of storm water control, and there has been some request and demand for a storm water plan for the entire plat. He stated he has been resisting this, and the reason for that resistance is because of the amount of 3C PLANNING COMMISSION MEE7ING, MARCH 18, 1981 PAGE 4 effort that goes into a specific plan. The theory they have followed in this particular Block 3 where they have developed a specific plan is they will be detaining the storm water run-off to the same level as the undeveloped property, and that is a fairly standard practice in areas that are requesting this type of storm water detention. The storm they would be detaining is a 100-year storm (a 24-hr. storm) with 100-yr. return frequency. Computing the rate of run-off of the undeveloped property, they have designed in Block 3 a detention pond to slow the rate of run-off to the equivalent of that rate of run-off that will be developed on the property to date prior to any construction of buildings. Mr. Jenson stated he has been resisting laying out a plan prior to an actual proposal for use of the property, and he thought that the Paschke proposal is a perfect example of why he is resisting laying out each individual lot in some sort of hypothetical sense. The development of these engineering plans is a time consuming and,therefore, an expensive process. And, at this point they do not know what will be built on any of the other lots, but they do have a proposal for all of Block 3; therefore, they have laid out a specific engineering plan for Black 3. Ms. Schnabel stated,that, as she recailed, the development of a lot cannot cause excessive drainage into another property, and the City siill has the legal responsi- bility to see that it doesn't happen. If, in fact, this were developed and Mr. Paschke did not pick up the southern end of the property and it was developed separately, then the City could be creating one problem. It would seem to her that if Mr. Paschke developed both and so]d them off to two different owners, the City would sti17 have that problem and could become 7iable for drainage problems. Mr. Boardman stated that is why he did not want to see this done unless they have a legal document that goes along with the plat so that all property owners are aware of this and aware of the conditions. Mr. Jenson stated one of the things that have guided them in the design of the drainage detention system is to attempt to detain water at its farthest upstream areas. This is more effective than that detaining tha water downstream. He felt what they are doing here is what is really sensible for the entire drainage district--trying to detain the water on each individuaT site and allowinq it to flow out at a very regulated rate so they don't accumulate it in such a way that it becomes an eyesore and a detriment toihe use of the property. That is what they are attempting to do here, and he felt they were doing an excellent job. Ms. Schnabel asked if Mr. Paschke had seen this plan. Mr. Jenson stated Mr. Paschke had seen the plan. Mr. Paschke feels it is a practical plan and is.very pleased with it. Ms. Hughes stated she is in agreement with the detention of water upstream. She wondered how long this system was going to last, because of the accumulation of grass clippings, mud, etc., which would fill up the detention areas. � PLANNING COMMISSION MEETING, MARCH 78, 198] PAGE 5 Mr. Jenson stated he really did not have an answer to that question. He agreed there will be a continual accumulation of run-off silt, dirt, and that kind of thing, and it will be necessary to maintain those areas to get them back to grade from time to time. He did not know what that time frame would be. Ms. Hughes asked if there could be landscaping in the detention areas or did it have to be bare grass? Mr. Jenson stated there was no problem with shrubs, trees, etc., within the landscaped area. They think there will never be water of any depth retained in the landscaped area for more than 24 hrs.,and it will be nominally dry. MOTION BY MR. WHARTON,SECONDED BY MR. TREUENFELS, TO CLOSE THE PUBLIC HEARING ON PS N80-01 AND ZOA #8I-01 BY 222CE CREEK ASSOCIATES. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHRIRWOMAN SCHNABEL DECLARED TAE PUBLIC HEARING CLOSED AT 8:42 P.M. MOTION BY MR. OQUIST, SECONDED BY MR. WHRRTON, TO RECOMMEND'TO CITY COUNCIL THE REAPPROVAL OF PS #80-01, UNIVERSITY INDUSTRIAL PARK, AND APPROVAL OF REZONING REQUEST� #ZOR i182-OI BY RICE CREEK A5SOCIATES� TO REZONE LOTS I� 9� AND I0� BLOCK 3� OF PROPQSED PLAT UNIVERSITY INDUSTRIAL PARK FROM C-2 (GENERAL BUSINESS AREAS) TO M-2 (LIGHT INDUSTRSAL AREAS). LOTS I� 9� AND 10� BLOCK 3, TO BE DEVELOPED AS ONE INDUSTRIAL SZTE, TXE SAME BEING 8000 UNIVERSITY AVENUS N.E. Mr. Oquist stated the reason for the motion to approve was because the Planning Commission did discuss the plat at great length one year ago and gave approval at that time. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRWOMAN SCHNABEL D&'CLARED THE MOTION CARRIED��UNRNIMOUSLY. � Ms. Hughes stated she would like to see the 100 ft. setback maintained on the north, Lot 1, Block 3. This might ease their minds a little about the drainage. Ms. Hughes stated that the Planning Commission had some very strong concerns on drainage a year ago on this plat, and she particularly had some concerns in terms of what would be acceptable. She would like to see the City Council not do the final approvals on this until the City Council is completely satisfied that they have something that is controllable. MOTION BY MS. HUGHES, SECONDED BY 1�42. OQUIST� TO RECOMMEND TO CITY COUNCIL TO APPROVE THE 35 FOOT SETBACK WITX THE FOLLOWING STIPULATIONS: 1. THE CITY COUNCIL NOT APPROVE THE FINAL REZONING OR RECORDTHE THE PLAT UNTIL THEY HAVE AN ACCSPTABLfi APPROVED DRAINAGE PLAN. 2. THAT THE CITY COUNCIL HAVE COVENANTS IN HAND AND AN ADEQUATE LANDSCAPED PLAN IN HAND. Ms. Schnabel stated she had some concern regarding the loading dock areas and would hope that Staff would take a look at that again. UPON A VOICE VOTE, RLL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3E PLANNIN� COMMISSION MEETING, MARCH 18, 1987 PAGE 6 Mr. Boardman stated this would go to City Council on Apri] 13. He stated from now on he is going to be asking for a recommendation from the P7anning Commission to set the public hearing for the City Council. That way Planning Commission can recommend this item go to the City Council on April 13, and Staff can go ahead and send public hearing notices on that recommendation. MOTION BY MR. TREUENFELS, SECONDED BY MR. OQUIST, TO RECOMMEND THAT THE PUBLIC H&ARING FOR PS #80—O.Z AND ZOA }i82—OI BE SET FOR APRIL 2.? AT CZTY �COUNCIL. UPON A VOICS VOTE� ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED�TAE MOTION CARRIED UNANIMOUSLY. 2. PUBLIC HEARING: REZONING RE UEST, ZOA #81-02, BY OLIVER R. ERICKSON: Rezone from R-1 stngle family dwe lings to R-3 general mu tip7e family dwellings), oarts of Lots 6, 7, 8, and 9, Auditor's Subdivision No. 25. that is ..�+ np�'_/�nPd -� ��]y__lqcated in tha Nnrtheast quandrant c I.694 and Highway 65 N.E. along Hillwind Road N.E. (See Public Hearing Notice for complete legal). MOTION BY a�. OQUIST� SECONDIfD BY MR. SVANDA, TO WAIVE THE READING OF THE LEGAL DESCRIPTION. � UPON A VOICE VOTE� ALL VOTING AYE, VICE—CHAIRWOMAN SCHNldBEL DECLARED THE MOTION CARRI&D UNANIMOUSLY. MOTION BY MR. TREUENFEIS� SECONDED BY hLS. HUGHES,TO�OPEN THE PUBLIC XEARING ON ZOA �ISI-02 BY OLIVER R. ERICKSON. UPON R VOICE VOTE, ALL VOTING RYE,VICE—CHASRWOMAN DECLARED THE PUBLIC HEARING OPEN AT��.8:58 P.M. . - Mr. Boardman stated the location of this area is between Polk St. and Fitlmore St., north of Hillwind Rd. This is the low area that is below Hillwind Rd. where the drainage retention area is located. It is presently an open area and undeveloped. The petitioner owns most of the property and has an intent to purchase the tax forfeit property, the property to the north, and has an option on the single family home which exists within the proposed property. The option is conditioned on the rezoning. Mr. Boardman stated Mr. Erickson is requesting that all of the R-1 be rezoned to R-3 in order to make a usable facility. At this time, he can build approxi- mately 95-96 units on the existing R-3. The reason he is proposing it this way is because if the R-1 is combined with the R-3 and with the agreement to acquire the property to the north (R-1 open space), he can build an apartment complex of 180 units. If the overall proposal is turned down, then with the R-3 combined with the existing R-1, he could build a complex of 120 units. Mr. Boardman stated Mr. Henry Stenquist, the architect representing Mr. Erickson, is in the audience. 3f PLANNING COMMISSION MEETING, MARCH 18, 1981 PAGE 7 Ms. Schnabel stated that before this rezoning request goes on to City Council, Staff should make sure that the property owner of the home has signed the appli- cation documents. Mr. 5tenqu9st stated they have tried to show the utilization of the maximum amount of land. Mr. Erickson has owned this property for many years and has paid taxes on it for many years. He feels the best use of the land, because it is partial7y zoned R-3, is to develop the entire parcel as R-3. Since there are other adjacent uses to the property and none of it is developed and since the property to the north, because of easements for drainage and ponding, is di'f�1�— for_dev�e Opment, i�t�iey could-work-somet inh` u to acquire t�iat parceT�an3`-not build on it, it would act as a buffer to the homes on the north. It would provide an amenity that would look like a park, could perhaps be utilized as a park, and would be maintained by the owner of the aparttt�ent buildings, Mr. Erickson. Mr. Erickson feels the project has some merit and because of the shape and size, and because of the low areas running through the property, the best way to utiTize the parcel is to rezone the entire parcel to R-3 and develop apartment buildings. Mr. Stenquist stated this would be a fairly high quality type of development, with semi-luxury units, for moderate income pepple. Ms. Schnabel asked if Mr. Stenquist or Mr. Erickson have discussed any alternative traffic plans because of the impact these potential 180 units would be creating in traffic in this area. Mr. Stenquist stated they have not investigated that, but they could discuss this with City Staff later. If any alternatives were suggested, they would be willing to look at them. He understood there were plans to upgrade the intersection at Old Central and Highway 65. Ms. Schnabel asked if City Staff had looked at the drainage situation. Mr. Boardman stated that the impact from an apartment complex like this was going to be very minimal on the drainage area. What they are looking at right now is the ponding area which is part of the Moore Lake retention system which is being developed. They have gotten funds from the EPA (Environmental Protection Agency) to do a clean-up of Moore Lake. Presently, Hickok & Associates are doing some designs in this area to see what kind of water retention system is needed. Mr. Ted Field, 1030 Lynde Drive, stated he lives on the south side of Lynde Drive facing the pond. He stated he would like to make some points of why he felt this area should not be rezoned: 1. The rezoning, as he saw it, would have a great effect on the capacity of the proposed apartments and the neighborhood cannot absorb any additional dense population. 2. Presently, the traffic pattern in the area is quite awkward. As this is proposed, a large number of people leaving the apartment complex in the morning would have to go out on either Polk or fillmore. Whether the traffic goes on Polk or Fillmore, it would have to come out on the corner of Polk and Lynde Drive to get down to the intersection at Central and Highway 65. There is presently a significant amount of 3G PLANNING COMMISSION MEETING MARCH 18, 1981 PAGE 8 traffic going out the intersection every morning because the areas in Innsbruck to the east come out that way also. 3. This area is right next to a school on Fillmore, and right now the school is one of the only recreation areas for the whole area. The yard around the school is not fenced so he saw that as a possible danger to the children. The other recreation area is the ponding area. If this project goes through, the ponding area will be reduced significantly. Mr. Field stated there were some secondary effects that he felt should be mentioned: 1. A project of this magnitude, whether 80 or 180 units, is going to put a strain on services existing in the area now. The present school is the only elementary school in the area. Public bus service is already over- loaded going downtown from Fridley. 2. He would like to present the possibility that water and sewer service in the area cannot handle this type of development. 3,_ Even_thou h a ar ment buildin rovide_ _g_ � t __ gs p_ garkin�for the residents, this doesn't take into account the guests. It has been his experience with apartment buildings that there is a7ways an overflow of parking on to surrounding streets. 4. There are no sidewalks in the area, so he could foresee pedestrian traffic also. Streetlights in the area are quite limited. Mr. Field stated he was speaking on behalf of a number of the residents. The residents had a meeting and these points were raised at the meeting. He stated he had a petition from approximately 150 people opposed for the reasons he had outlined. MOTION BY MR. OQUIST, SECONDED BY MR. TREUENFELS, TO RECEIVE INTO THE RECORD A PETITION OPP0.SING THE REZONING FO THE PROPERTY FROM R-1 TO R-3 PRESENTED TO THE PLANNING COMMISSION BY MR. TED.FIELD. UPON A VOICE [�OTE, ALL VOTING AYE� VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Doug Strong, 5720 Regis Drive, stated he had done some research concerning the traffic situation. According to a state study, this apartment complex would create a minimum of 900 trips per day without any extra guests. Mr. 5trong asked Mr. John Flora what the designs were for Fil7more and Polk Streets. Mr. Flora stated they were standard streets set up to 7 ton. He stated the County and the City are working on developing and improving the intersection at Highway 65 and Central and Hathaway so some of the residents' concerns are being looked at. He stated there is no solution at this time, but he wanted the people to know it is being looked at. 3 ,u, PLANNING COMMISSION MEETING, MARCH 18, 1981 PAGE 9 Mr. Strong stated it has been his experience in working with the Rice Creek Watershed District that they generally require on-site ponding before it goes into a storm sewer system. Is he to believe the pond shown in the proposal is in agreement with the Rice Creek Watershed District and they are not going to require any on-site ponding? Mr. Boardman stated the only thing shown is conceptua] of the ponding area that is existing, and Hickok & Associates are doing the design. Before this plan can be approved and a permit issued, Rice Creek Watershed District does have to issue a permit on the overall plan. The Rice Creek Watershed District's approval w111 be based on a review of the actual building permit and, therefore, this plan has not been presented to the Rice Creek Watershed District at this time. Mr. Strong asked what cularly on the houses water problems. impact the run-off was going to have on that pond, parti- on the north end? He has heard that those homes have Mr. Boardman stated that Hickok & Associates are looking at the total drainage for the entire area and are doing a comprehensive study. Mr. Strong stated he had a hard time seeing how a rezonin request like this could get approved when they have only part of the pie: �1) Mr. Erickson does not have all the property required for that size density; (2) There is a single family home within the property that might sell if the apartments go in and won't sell if the apartments do not go in; (3) There is a tax forfeit lot. It has 6een his experience that tax forfeit lots go up for bid. A person does not just go and buy them so there is nothing that says Mr. Erickson will acquire that tax forfeit piece of property which he needs for the density. Mr. Strong stated another thing Mr. Erickson has to look at is the turn-around on Polk Street. There definitely should be a turn-around, not only for p7owing, but also for buses, fire trucks, etc. Wili the City pay for that or will that be assessed against the property owners in the area? There are a]ot of factors to be considered with this rezoning. Mr. Strong stated that Mr. Erickson owns the R-3 property, he pays taxes, and he should he able to develop in the manner it is presently zoned. To zone it to the maximum so Mr. Erickson can develop to the maximum is not the Planning Commission's role; they are here to look out for the City. Mr. Strong stated he has been told that Mr. Erickson owns some of the apartment buildings in the area. Mr. Stenquist stated that Mr, Erickson would maintain the ponding area. Mr. Strong stated he has lived in the neighborhood for six years and the maintenance on those apartment buildings is not so good, and he questioned how well the ponding area would be maintained, if it was created. Ms. Nancy Jorgenson, 5730 Polk St., stated she lives on Polk St. where it turns into Hathaway. She is a licensed daycare provider, and she was told by her county supervisor that she had to fence in her backyard for the protection of the children. She stated she has had four families referred to her from the existing apartment complex, and three of the four families are county-paid, which indicates 3I_ PLANNING COMMI55ION MEETING, MARCH 18, 1981 PAGE 10 something of the area. She stated she has talked to other licensed daycare providers in the area, and very few of them have openings for infants, which they will see with more apartment buildings. Ms. Jorgenson stated she also had a petition that she would like to submit to the Planning Commission. MOTION BY MR. WHARTON, SECONDED BY MR. TREUENFELS� TO RECEIVE INTO THE RECO.RD THE PETITION OPPOSING THE REZONING OF THE PROPERTY F(ZOM R-1 TO R-3 PRESENTED TO TNE PLANNING COMMISSION BY MS. NANCY JQRGENSON. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABSL DECLARED TNE MOTION CARRIED UNANIMOUSLY. Ms. Kacey Prois, 1060 Lynde Dr., stated she is the captain of the North Park School Safety Patrol. She is worried about the additional traffic this apartment complex would create by her school. The children tend to walk in the street and the only safety factor for the children is the school patrol. Ms. Claire McKinley, 1010 Lynde Drive, stated she lives in one of the houses with the water problem in the basement. She was wondering if the residents could request an environmental impact study before the rezoning to see if there is any possibility of handling the situation. This is a need7ess thing to go through if the whole area cannot handle this extra high density. Mr. Strong stated he had done some research regarding an environmental impact statement. He stated 25-26 signatures are required on a petition requesting an environmental impact statement and that petition has to go to the Department of Natural Resources. But, the Department of Natural Resources refers it back to the City Council, and the City Council must make the determination of whether to do a study or not, so the responsibility falls back on the City. Mr. Jasper Jenson, 1011 Lynde Dr., stated he is a 20 year resident of Lynde Drive. He has seen the apartments built and he has seen the green grass turn into dande- lions. He has seen a boy hit by a car because of the traffic problems. He has been woken at night by the Fire Department trucks because of fire bombings and by the police cars because of drunken parties. Is this what they are going to be getting more af? He hoped not: Ms. Karyn Prois, 1060 Lynde Dr., stated she also has a wet basement. All the water drains down to Lynde Drive, and they seem to be the holding pond. Ms. Prois stated she did a little homework and did some reading of the March 1980 draft of the Comprehensive Plan for City Development. She stated she would like to remind the Planning Commission of some of the things in the plan and would ask them to apply these things when they make their decision on rezoning this property. "Fridley is a strong community because of its present resident population. The City must take measures to keep these people here by reducing the negative effects on Fridley's residential neighborhoods. Furthermore, the varying and changing needs of people must be recognized. Concerns regarding living environment include keeping neighborhoods as attractive, safe, pleasant living environments and providing efficient access to service centers." 3J PLANNING COMMISSION MEETING, MARCH 18, 1981 PAGE 11 Ms. Prois stated they would like it known that putting these units in their neighborhood will increase the negative effects and will not keep the current residents in their neighborhood. The City's concern for their living enviranment will not be met and housing of that density wi17 not provide an attractive, safe, pleasant living area for current residents.Furthermore, the incr.ease of traffic in that area, already discussed as a bottleneck, will not provide residents with efficient access to anything. Ms. Prois stated the primary statement of the Plan under "improving housing" is "to provide existing housing stock for neighborhood preservation and to provide a broader range of housing choices. With 10,457 current housing units in Fridley, only 512 are of townhouse construction. The need for higher density housing is also a need for owner-occupied townhome construction." She stated that currently in the North Park neighborhood, there are 139 single family units and 135 high density units. An additional 180 units would give their neighborhood 69% multi- family dwellings. They are already at 48%--well above the whole City which is only 29% multi-family units. Ms. Prois stated the ponding area was also a concern. She quoted from the Compre- hensive Plan: "Most of Fridley's sensitive areas are wetlands. These wetlands are in constant danger of being destroyed because of developmental pressures. The rising cost of land has made it economically feasible to fill these areas for construction purposes. The destruction of these wetland resources must not be allowed anymore." She stated this ponding area is designated as a wetland in the City's Comprehensive Plan. Ms. Prois stated she was asking the Planning Commission to follow their own guide- lines: 1. To preserve and protect current neighborhoods. The builder provides no playgrounds and the parking will enfringe on their neighborhood. 2. To provide variety housing. These units do not provide an additional variety for their neighborhood. 3. To preserve their wetland areas. Ms. Prois stated the City does not have to rezone this property now. This project is not beyond the concept stage or suitable to the adjacent neighborhood, and they are asking that the City hold any rezoning until what is proposed is complete and is the best possible use for the land and also acceptable to the neighborhood-- Specifically, the traffic not have any existing problems, that the compaction is not overbearing for such a small area, that new development must look out for itself by providing traffic flow, amenities, play area, and not be a burden to the existing neighborhaod. Mr. Ted McCarty, 1051 Lynde Dr., stated he is also one of the original homeowners in the area. He has seen the apartment buildings built and over the years as they were sold, he has seen them slowly deteriorate. He stated he was sure the architect and the owner have plans for a nice building, but if they ever decide to sell, the same thing can happen to those buildings. 3# PLANNING COMMISSION MEETING MARCH 18, 1981 PAGE 12 Mr. Boardman stated he would like some response from the residents as to whether they fe]t townhouses or condominiums would be viable alternatives. Ms. Carol Fassett, 1007 Lynde Dr „ stated in their neighborhood meeting, they felt that townhouses or double bungaloes would be acceptable, if owner occupied, not rental. Their real objection is in the rental area, because of the poor maintenance. Mr. Strong stated that with condominiums, they would still have the traffic problems. The same building with the same number of units could be put up, and the units sold as condominiums. MOTION BY MS. HUGHES� SECONDED BY MR. OQUIST� TO CLOSE THE PUSLIC HEARING ON ZOA �8I-02 BY OLIVER R. ERICKSON. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT Z0:25 P.M. Ms. Hughes stated she would like to point out that the Parks & Recreation Commission is aware of the lack of neighborhood parks in this area as there just is not enough room for a park. There is only the Moore Lake Beach area and Hackman Park. The comnent that this kind of development has to provide its own park spaces is extremely true in this area. More population in this area would really strain the parks even further. MOTION 8Y MR. OQUIST� SECONDED BY hIIZ. SVANDR� TO RECOMMEND TO CITY COUNCIL THE DENIAL OF REZONZNG REQUEST� ZOA #81-02, BY OLIVER R. ERICKSON TO REZONE FROM R-1 (SINGLE FAMILY DWELLINGS) TO R-3 (GENfiRAL MULTIPLE FAMILY DWELLINGS), PARTS OF LOTS 6� 7� B,AND 9� AUDITOR'S SUBDIVISION NO, 25� THAT TS NOW ZONED R-3. GENERALLY LOCATED.IN THE NORTHWEST QURDRANT OF I.694 AND HIGHWAY 65 N.E. ALONG HILLWIND ROAD N.E. (SEE PUBLIC HEARING NOTICE FOR COMPLETE LEGAL), FOR THE FOLIAWING REASONS: � 1. TRAFFIC PROBLEMS 2. TOTAL DENSITY IN THE AREA 3. NO RECREATIONAL AREAS EXCEPT FOR THE SCHOOL GROUNDS AND PONDING AREA 4. STRAIN ON EXISTING SCHOOL SYSTEM 5. STRAIN ON PUSLIC TRANSPORTATION 6. PARKING PROBLEMS FOR EXISTING RPARTMENT BUILDINGS IN THE AREA � 7. NO SIDEWRLKS 8. INADEQUATE STREET LIGHTING 9. DEVfiLOPMENT SEEMS TO BE IN CONTRADICTFON TO THE CITY�S COMPREXENSIVE PLAN UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIP30USLY. Ms. Schnabel stated this would go to the City Council on April 13, and the petitions presented will go on with the Planning Cortmission's recommendations. Vice-Chairwoman Schnabel declared a 15-minute break at 10:45 p.m. (Mr. Wharton left the meeting at 10:45 p.m.) 3 1_ PLANNING COMMISSION MEETING, MARCH 18, 1981 PAGE 13 3. CONTINUED: CONSIDERATION OF A PROPOSED NOISE ORDINANCE Public Hearing Open. Mr. Svanda stated that at the Environmental Quality Comnission meeting on March 17, the Corrmission members stated they would like Mr. Svanda to again express to the Planning Comnission their support of the Noise Ordinance. MOTION BY�MR. SVANDA� SECONDED BY MR, TREUENFELS� TO CLOSE THE PUBLIC HEARING ON THE CONSIDERATION OF A PROPOSED NOISE ORDINANCE. UPON A VOICE VOTE� ALL VOTING AYE� VICE—CHRIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED. MOTION SY MR, TREUENFELS� SECONDED BY MS. HUGHES� TO PASS THE PROPOSED NOISE ORDINANCE ON TD THE CITY COUNCIL AND RECOMMEND THE ADOPTION OF THE NOISE ORDINANCE BY THE CITY COUNCIL. Mr. Boardman stated that a copy of Mr. Deblon's memo #81-17 would be included in the packet when the Noise Ordinance is sent on to the City Council. UPON A VOICE VOTE� ALL VOTING AYE� VICE—CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. CONTINUE�: CONSIDERATION OF AN ORDINANCE ESTABLISHING CHAPTER 209 OF THE n� r . r� ... .�r T��. .rr nr_ Mr. Oquist stated this ordinance is the result of two years of effort in response to a request from the City Council to provide some kind of conversion ordinance. In the last two years, from finding out what other communities are doing and the fact that there is a state law passed covering condo conversions, the Community _ Development Commission felt all they cou7d really do is assure that the City is notified when there is a conversion. That is the reason for the license. He stated there is a state law that covers what people can do in a conversion as far as the rights to the people who are renting. Under 209.05,"Application", the following changes were made: "Certificate of registration and application for a conversion shall contain the following information: #1 and #2 remain the same. #3 - Number of stories and height in feet/meters #4, #5, #6, #7, #8, #9 remain the same, 209.06 "Condition of Approval" was changed to "209.06 Condition of Denial" with some language that the City will review this license based on state law and then refer to state law. MOTION BY MR. TREUENFELS� SECONDED BY MR. OQUIST� TO PA5S THE ORDINANCE ESTABLISH— ING CHAPTER 209 OF THE FRIDLEY CITY CODE ENTITLED� "CONDOMSNIUM LI.�ENSSNG" ON TO THE CITY COUNCIL RND RECOMMEND THE ADOPTION OF THE ORDINACE BY THE CITY COUNCIL. 3 P� PLANNING COMMISSION MEETING, MARCH 18, 1981 PAGE 14 UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRWOMAN SCHNAHEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. CONTINUED: 15 OF THE FRIDLEY � MOTION BY MS. HUGHES� SECONDED BY MR. OQUIST� TD CONTINUE DISCUSSION ON THE F122DLEY ZONING CODE UNTIL A SPECIAL MEETING ON APRIL 2� 1982. UPON A VOICE VOTE� RLL VOTING AYE� VICE-CHAIRWOMRN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION BY hII2. OQUIST� SSCONDED BY MR. SVANDA, TO RECEIVE THE ENERGY COMMISSION ZONING CODE REVISIONS. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE FEBRUARY 24, 1981, ENERGY COMMISSION MINUTES: MOTION BY MR. OQUIST, SECONDED BY MR. TREUENFEIS, TO RECEIVE TXE FEB. 24� Z981, ENERGY COMMISSION MINUTES. UPON R VOICE VOTE� ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE FEBRUARY 26, 1981, SPECIAL HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. TREUENFEIS� SECONDED BY MR. SVANDA� TO RECEIVE THE FEB. 26� 2981� SPECIAL MEETING HOUSING S REDEVELOPMENT AUTHORITY MINUTES: UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRWOMAN SCHNASEL DECLARED THE MOTION CARRIED UNANIMQUSLY. 8. RECEIVE MARCH 5, 1981, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR. TREUENFELS� SECONDED BY MS. HUGHES� TO RECEIVE THE MARCX 5� 1981, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICS VOTE� ALL VOTING AYE� VICE-CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE MARCH 10, 1981, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY MR. OQUIST� SECONDED BY MR. SVANDA� TO RECEIVE THE MRRCH 10� 1985� COMMUNITY DEVELOPMENT COMMISSION MINUTES. 3 �; PLANNING COMMISSION MEETING, MARCH 18, 1987 PAGE 15 Mr. Oquist stated they are stil] looking at the worth of the Community Development Commission. He stated that Ms. Gustafson did some research and found that no other comnunity has a community development commission like Fridley's. Brooklyn Center has a commission that just advises on CDBG funds in addition to a Housing Commission and an HRA. He stated he thought the Commission will have to really narrow their goals and maybe make the recommendation that they be established to handle one specific item. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRWOMAN 5CfINABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 10. OTHER BUSINESS: Ms. Schnabel stated she would like to express her appreciation to all those whom she has worked with over the past years. It has been a rea7 pleasure working with them and she has enjoyed it very much. ADJOURNMENT: MOTION BY MR. OQUIST, SECONDED BY MR. TREUENFEIS� TO AATOURN THE MEETING. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRWOMAN SCHNABEL DECLARED THE MARCH 18, 2981, PLANNING COMMISSION MEETING ADJOURNED AT I2:35 P.M. Respectfully submitted, Yt�n�� Recording Secretary � PLANNING COMMISSION MEETING, MARCH 18, 1981 NAME Jerry Herlofsky Donald Stiller Terry Weglarz Joan Weglarz Neil M. Allen Charles Beckerleg Walter & Dorothy Hansen Betty Hults Ted & Dolores McCarty Bob Miller Robert & Karyn Prois Kacey Prois Carol Hansen Ellen D. Farber Joe & Eileen Branco James & Nancy Jorgenson Doug & Nancy Strong Carol Eppel �esper B. Jensen Roger Frank Roger & Carol Fassett Ted & Debnrah Field James & Linda Shober Claire McKinley Roger Gehrke Glenn Davis Roger Jones Dan Sullivan Peter Wojtawicz Ruth Dunn R4bert Wayne ADDRESS PAGE 16 1365 Hillwind Rd. 1355 Hillwind Rd. 1071 Lynde Dr. 1071 Lynde Dr. 1040 Lynde Dr. 1041 Lynde Dr. 1050 Lynde Dr. 980 Hathaway Lane 1051 Lynde Dr. 505 S. 2nd St., Hopkins, Mn. 1060 Lynde Dr. 1060 Lynde Dr. ]051 Hathaway Lane 1041 Hathaway Lane 5720 Polk St. 5730 Polk St. 5720 Regis Dr. 5721 Regis Dr. 1011 Lynde Dr. 5512 Fillmare St. ]OD1 Lynde Dr. 1030 Lynde Dr. 1000 Lynde Dr. 1010 Lynde Dr. 1010 Hathaway Lane 940 Hathaway Lane 8391 Lower 138th Ct., Apple Valley 1761 Regis Lane 1110 Lynde Dr. Fridley Sun 5741 Polk St. 30