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PL 06/22/1983 - 6817City of Fridley A6ENDA PLANNING COMMISSION MEETING WEDNESDAY, JUNE 22, 1983 7:30 P.M. CALL TO ORDER: PAGES ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: JUNE 8, 1983 1- 5 1. DUBLIC HEARING:�:REQUEST FOR A SPECIAL USE PERMIT, SP #83-03, 6- 26 2 3. RPAGHE CAMPING GENTER: Per Section ZOb.101, 3, N, ot the , Fridley City Code, to amend Special Use Permit SP #'7-04, to allow sales and service fo recreational vehicals, on Lot 1, Block 1, Pearson's Secoad Addition, the same being 7701 East River Road. I BY DDNALD WEHLASI, D. W. CONS1RUCiION, 1NC.: Per Section 05.1574, 4, to allow the construction of a new dwelling in CRP-2 zoning on Lots 27, 28, 29 and 30, Block S, Riverview Heights, the same being 8125 Riverview Terrace N.E. 27 - 32 33 - 44 4, RECEIVE HUMAN RESOURCES COMMISSION MINUTES: JUNE 2, 1983 SALMON 5. RECEIVE HOUSING & REDEVELOPMENT AUTHORITY MINUTES: WNITE 6. OTHER BUSINESS: ADJOURNMENT: CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 8, 1983 CALL TO ORDER: Vice-Chairperson Oquist called the June 8, 1983, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel, Mr. Kondrick, Mr. Svanda, Mr. Goodspeed Members Absent: Ms. Schnabel Otliers Present: Jerrold Boardman, City Planner Richard & Sonia Peterson, 247 - 57th Place Lawrence & Joyce Zimnerman, 5380 4th St. N.E. Laura Vagovich, 5400 4th St. N.E. APPROVAL OF MAY 18, 1983, PLANNIN6 COMMISSION MINUTES: MOTION BY PII2. KONDRZCK� SECONDED BY MR. SABA� TO APPROVE THE JUNE 8, 1983, PLANNING COMMISSZON MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTZNG AYE� VICE-CHAZRPERSON OQUIST DECLARED THE MOTION CARRIED UNANZMOUSLY, 1. VACATION REQUEST: SAV #83-01, PETITION N0. 4-83: Vacate the Easterly T3�b.T�feet� 4�tii v� e� etween B ocks � ana 13, Hamilton's Addition to Mechanicsville, by the owners of 5380 and 5400 4th '�treet N.E. Mr. Boardman stated this was the area where Dr. J. C. Schurstein had proposed to put an office building back in Dec. 1980. There is a service road that comes in and cul-de-sacs right along University Ave. There is an unpaved alley at this location that is used to service the backs of the properties along 4th St. It also services apartments and sane businesses. Mr. Boardman stated the vacation request is for a portion of 54th Ave. between Blocks 12 and 13. The vacation request is being made by the two property owners on either side. Mr. Boardman stated the alley is being used and at some point in time, the City is going to have to pave that alley as long as it is being used, If the alley is paved, they would have to make sure there was access on both ends, At this point in time, the City has been opposed to a vacation of that portion of 54th Ave., primarily because there is no way out of the alley, and the logical way for circulation within that area would be to come up to 54th Ave. An alter- native would be to come down and connect into the cul-de-sec, but that may not be an appropriate way to go, PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 2 Mr. Boardman stated that when Dr, Schurstein proposed the development of an office building in this location, as a condition of the permit, the City Council required that Dr. Schurstein pay for the improvement of the alley. Because of that, Dr, Schurstein did not build, and the alley is still unimproved, Mr. Boardman stated that in their consideFation of this vacation request, the Planning Commission shauld consider what is going to be done with that alley and at what point they want access. The Engineering Dept, has said the best possible way for access is back up to 4th St. That would be in direct conflict with this vacation request. Ms. Laura Vagovich, 5400 4th St. N.E., stated she has lived in Fridley for 34 yrs. Her house was moved twice, once for Highway 100 and again for I-694. She has maintained this portion of the street for 34 years. She stated she would like to have the protection of not having people going through there. People drive through there and dump things in the bushes and trees, and she has even had things stolen out of her garden. She stated she had assumed for years that this road was already vacated and had maintained it because she thought it was vacated. Mr. Lawrence Zimnerman, 5380 4th St. N.E., stated it was his intention to put up a retaining wall and use the 30 ft, gained from the vacation to build a road to a garage he would build on his property. Mr, Boardman stated that even if they vacated the street right-of-way, they would want to retain the southern half of the street for storm sewer. Mr. Zimmerman stated the most logical way and the cheapest way for the alley access was to go out on the cul-de-sac. Mr. Oquist asked if it would be feasible to put a turn-around area by using the portion of 54th Ave. that is not vacated plus the portion of the street they want vacated. Mr. Boardman stated that if they are going to retain 30 ft, for easement, why not retain another 30 ft, so if the alley is ever improved, they can get access. He stated if the property owners wanted to fence this portion of the street, they could do so right now. The problem is that if at any point in time a road would be required to go in there, that fence would be removed at no cost to the City, Mr, Zirtmerman stated the main reason for the vacation request is so he can build a garage with access off 4th St. He did not intend to use the alley, because it is 2-3 feet below his property. He is going to have to put up a retaining wall at the back of his property. Mr. Boardman stated it was his understanding that if the property avner put a fence or a driveway over the easement, if the City has to dig up that easement, the City is not responsible for putting back blacktop or fencing. It would be the property owner's responsibility to put back whatever was torn up. PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 3 Mr, Boardman agreed with the fact that there is never going to be a street connection in there that would utilize the whole 60 ft. He had no problem with vacating the street right-of-way, but they should retain the storm sewer and access easement. In that sense, the property is no ]onger owned by the City of Fridley but by the property owners; but the City would still retain an easement so if they need to go through with a road or access for the alley, they can use that easement. Mr. Oquist stated another alternative would be to access by the highway property if the Highway Dept. turns that property over to the City. Ms. Vagovich stated that, as Mr, Zimrtterman had stated, the main purpose for the vacation is so Mr. Zirtmerman can build a garage and access onto 4th St. They will jointly maintain the property. Mr. Boardman stated that if Mr. Zimnerman puts in his garage and accesses onto 4th 5t, over the 30 ft, easement, if the alley is improved and comes up to the street grade, it in effect replaces his driveway and he would still have access onto the alley. MOTION BY MR, KONDRICK, SECONDED BY MR. SVANDA� TO RECOMMEND TD THE CSTY COUNCIL APPROVRL OF VRCATZON REQUEST� SRV N83-OI� PETITZON NO. 4-83, TO VACATE 54TH AVENUE ALL THE WAY TO TXE XICHWAY PROPERSY AND THAT THE CITY OF FRIDLEY RETRIN ACCESS ERSEMENT OVER THE TOP OF TXE EXZSTING 30 FT. UTILITY EASEMENT, UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED TXE MOTION CARRIED UNANIMOUSLY, Mr. Boardman stated the public hearing at City Council on this vacation request would be on 3uly 11, 1983. 2. LOT SPLIT REQUEST, L.S. #83-02, BY RICHARD & SONIA PETERSON: Split off Lot 12 and the Westerly 30 feet of Lot 13, Block 1, City View, to make a new building site, the same being 241 - 57th Place N.E, Mr. Boardman stated the petitioners own Lots 12, 13, 14, and 15. These are 40 ft. lots totalling 160 ft, of lot area. They are requesting to split off Lot 12 and the westerly 30 ft. of Lot 13 so that Lots 12 and 13 will becane a 7� ft. lot, 7he depth of the 7ot is 140 ft. It does meet the 9,000 sq, ft. lot requirement and meets all other requirements as far as lot splits. A lot split does require a park fee of $500. The park fee is payable at the time of approval of the lot split request; however, the City Council may defer collection to the time the building permit is requested for individual lots created by such a lot split. This would depend on whether the petitioner requested the City Council to delay payment of the park fee. The petitioners were in the audience. PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 4 MOTION BY MR. KONDRICK� SECONDED BY MR, GOODSPEED, TO RECOMMEND TO CITY COUNCIL APPROVAL OF ZAT SPLIT REQUEST� L.S. N83-02� BY RICNARD AND SONIA PETERSON� TO 4T.rT OFF LOT 22� AND TXE WESSERLY 30 FEfiT OF IqT I3� BI,OCX 1� CITY VIEW� TO MAKE A NEW BUILDING SITE� THE SAME BEING 2CI 57TH PLACE N.E. UPON R VOICfi VOTE� ALL Y(ylING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY, Mr, Boardman stated this request would go to City Council on June 20. 3. CONTINUED: R_E__VIEW OF A PROPOSED ORDINANCE ADOPTING A NEW CHAPTER 101 MOTZON BY AII2, SABR, SECONDED BY 1�II2, XONDRICK, TO CONTINUE DISCUSSION ON THE ANIMAL ORDINANCE UNTIL THE NEXT MEETING. The Commission members requested that Jim Phillips, Legal Intern, be at the next Planning Comnission meeting when this is discussed to answer any questions the Commissioners might have. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE MAY 10, 1983, COMMUNITY DEVELOPMENT GOMMISSION MINUTES: MOTION BY MR, KONDRICK� SECONDED BY MR, SVANDA� TO RECENE THE MAY 10� Z983�- COMMUNITY DEVELOPMENT COMMISSION MINU1'ES. UPON A VOICE VOTE� ALL YOTING AYE� VZCE-CHAIRPERSON OpUZST DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE MAY 12, 1983, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY �II2. SABA, SECONDED BY MS, GABEL, TO RECEIVE THE MAY 12, I983� COMMUN71'Y DEVEIAPMENT COMMISSION MINUTES. UPON A VOZCE VOTE� ALL VOTZNG AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CRRRIED UNANIMOUSLY. Ms. 6abe1 stated that at the last meeting, the Cortanission had asked that Mr. Boardman explain the HR,4's financial process and the General Reserve System. Mr. Boardman stated the General Reserve System is a complicated program to explain, but it is really quite a simple tool. He stated he would put together for the Planning Lommission members a summary explaining the system. PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 5 6. RECEIVE MAY 16, 1983, PARKS & RECREATION COhP1ISSI0N MINUTES: MOTZON BY MX. KONDRZCK� SECONDED BY �IIt, GOODSPEED� TO RECENE TXE MAY 36� 1983� PARKS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CNRIRpERSON OQUIST DECLARED TNE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE MAY 17, 1983, ENVIRONMENTAL QUALITY COMMI55ION MINUTES: MOTION BY MR, SVANDA� SECONDED BY MR, SABA, TO RECEIVE THE MAY I7, 1983� ENVIRONMENTAL QUALITY COMMISSION MINUTES. Mr. Svanda stated the meeting with the refuse hau]ers has been scheduled for Wed., June 15. He invited the Planning Comnission members to attend this meeting. UPON A VOICE VOTE� RLL VOTING AYE� VICE-CHRIRPERSON OQUIST DECLARED THE MOTION CARRIED UNRNZMOUSLY. 8. RECEIVE MAY 24, 1983, APPEALS COMMISSION MINUTES: MOTZON BY MS, GABEL� SECONDED BY MR. KONDRICK� TO RECENE THE MAY 24� 1983� RPPEALS COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE, VICE-CXASRpERSON GpUSST DECLARED THE MOTION CARRIED UNANIMOUSLY. 9. RECEIVE MAY 25, 1983, ENERGY COMMISSION MINUTES: MOTION BY MR. SABA, SECONDED BY MR, KONDRICK� TO RECENE THE MAY 25, 2983� ENERGY COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAIRPERSON OpUIST DECI.ARED THE MOTION CARRIED UNANZMOUSLY. ADJOURNMENT: MOTION BY MR. SABA, SECONDED BY MS. GABEL� TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VOTING RYE, VZCE-CHRIRPERSON OQUIST DECLARED THE JUNE B, 2983� PLANNING COMMISSZON MEETSNG ADJOURNED AT 9:30 P,M. Respe tfully subm'� ynn Sa a Recording Secretary PUBLIC HEARING BEfORE THE PLANNING COMMISSION Natice is hereby given that there will be a Public Hearing of the Planning Cortmission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, June 22, 1983 in the Council Chamber at 7:30 P.M, for the purpase of: Consideration of a Special Use Permit, SP #83-03, by Apache Camping Center, to amend SP k77-04, and to continue sales and service of recreational vechicles on Lot i, Biock 7, Pearson's Second Addition, the same being 7701 East River Road N.E. Any and a11 persons deairing.to be heard shall be given an opportunity at the above stated tSme and place, . YIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION Publish: June 8, 1983 June 15, 1983 .� Planning Cort�nission 6/7/83 MNILING LIST SP �83-03, Apache Camping Eenter 7701 East River Road Ap.ache Camping Center 7701 East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Martin 133 Stoneybrook Way N.E. Fridley, Mn 55432 Mr. & Mrs. Lloyd Meyers 132 Stoneybrook Way N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Smith 146 Stoneybrook Way N.E. Fridley, Mn 55432 Mr. & Mrs. John Dunphy 155 Stoneybrook Way N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Tossey 719 Craig Way N.E. fridley, Mn 55432 Mr. & Mrs. Edward Jonak 133 Craig Way N.E. fridley, Mn 55432 Weil-Mclain Company, Inc. 99 77th Way N.E. Fridley, Mn 55432 Paul M. Burkholder 106 77th Way N.E. Fridley, Mn 55432 Mr. & Mrs. David Berg 768D East River Road N.E. Fridley, Mn 55432 Marley-Wylane Company i900 Johnson Drive Mission Woods, KS 66205 Watkins Brothers P0.0. Box 87 Sauk Rapids, Mn 56379 ��T..s:� �.-r.� _...� W.... t..1Ck'i.cF�. ' .a"��Yl��'�.. ' . .. . . y1 � I � � r .:U � � i . . . �xr ..��,,,� ^�,:'�, � , �y, ,.;�: ,. . _ .t ��CITY OF FFIIDLEY� `- 6431 UNIVBiiY1TV IW6 Ni. RAIOLGY. MN. �$43L (B1�1.1 StS9JECT �- SPECIAL USE PERHIT r" . � sP # ' ° 3 . -': ,;�. , ' :. � . . . ... . �.. . c� �pp�� =�770i fast River Road A.f. � D0.TE 1a i'' ., n. <. , � .:; -PLAfWING COf�tISSIOH: P.H. DATE APPROYED DISAPPROVED �',� � ' r �..: ,: � �_ � DATE � � � NO , :�ii1f' COUNCIt: ° _� � P.H. REQ'0 � � � 'MTE ��• NO � . CI'IY COUNCIL: `• � APPROVED DISAPPROYED„_ DATE NO STIPULATIONS: ` � : . NAME �nach airoiny Ppnter fEE �,�p0.00 RECEIPT NO 9�Od STREET LOCATION OF PROPERTY 7701 East Rive�jtoad N E IEGAL DESCRIPTION OF PROPERTY Lot l Block 1 PearspL's Second Addi�ion � . PRESENT ZOtlIN6 CIASSIFICATION C-2S EXISTING WSE OF PROPER7Y . ACREAGE OF PROPERTY�oprox_ 1 7/2 AcrosAESCRIBE BRIEFLY THE PROP05ED TYPE OF USE AND IMPROVEMENT sal s an ser ice of recreatinnal vehi 1� Has the present appticant previously sought to rezone. plat, obtain a lot split or variance or special use permit on the subject site or part of it? �es no. Nhat was requested and when? MaY 20, 1977 SP �77-U4 ; � . �: - :. . . The undgr�jgned u��lc��rstands that: (a} A list of a11 residents and owners of property Within�a8'feet 16ii�!-be attached to this application. (bj This application must be signed by all owners of the property, or an explanation given rvhy this is not the case. {c) Responsibility far any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. i A sketch of proposed property and sLructure must�be drawn and attached, showing the r_fo'i�a+ing: 1. North direction. 2. Location of proposed structure on the lot. �.`;fs`�imensions of property, proposed structure, nnd front and side setbacks. i.-:'`�ttreet names. b. Location and use of adjacent existing buildings (within�300 �eet) , ._ , . • , .. ,� TAe undersigned hereby declares that ail the facts and representations stated in this application are true and correct.. -_ a►� - � b ��3 � sisr�wr� � X - APP IC 7 . ADDRESS �� i� �-� ��— a'JLu�Y�+�, %� TELEPHUNE NO_ S7I r¢ i� � ,. . , , ,. . : ,. • �. ,, - . . �.�.�_._... a�...__:.::•_. _ _ .. . � i ,ju .� o i \ ..., -- --- t `. 1'i �• � \ i69 . � -"� �s�w t , • „ � r n ,� -� c, — —7/ �ss �— � 1 t `; , � �':,.t?; "`� �.,�:• , ';� +'' �� \ . �; '' �►9� 4 "�'`• t• •''•' ,. �' ` a• • �. • ` ql� � ' 'i':Ir;+: •:• ' • ��' '1 , � � e, � I �k�,; •: rl�',�.�'��0 \` 'Z . 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'�`�z; `,�`� k , at. x s •� : � �)F ` �f.� .� � .�'��b'�� x{i �a .+�.` =�.i �. e �Z � ��'i �w ��i �, �¢` 4 ' ♦**�F_. i \�� I�:J .E i; ; ` 4 `. , _\�, :� a � �' " s „�. i ♦ .t'GA� L. *v •' ' �4i� ��Y•� � T. *: �� w� 1 _ ' �� .� 1 � : „�,�� -�� '` -1 '�. ...�� .�: �: r. �� t w �, �.�: 4 � �, � ��; �� } �- - �:� �� :� � _ �� ,� �.:, �� ( .` �i .� q-. \\ �� . ... � .�: � � � �� ;�; � �� ` , �� , �,� , �� _, _., �. _ �� '�, ,,, 4 ?.'��, f� 1 " � �� ,�, ,�.�,E, ' P �s CITY OF FRI�LEY 8431 UNIYERSITV AVENUE N.E., FHIDLEY, MINNESOTA 55<32 TELEPHONE (6121571-345D August 2, 1977 CT7�' CuU"iCI� ACTIO�V T1:k:Ef� P!OT;CE Apache Camping Center 2465 Fairview Avenue South St. Paul, Mn 55313 Attn: Jim Pawelski or Ray Amundson Gentlemen: On July 25, 1977 officially appro�eci your� reyuest ior with thz stipvlations listed below. , the Fridlcy City Cour�cil �ecial Use Permit, SP #77-04 � Please review �he noted st�pulations, si9n the statement belcld. and returr on2 ccFY tc the City of �r;dley. If yeu have any qi�eszicns regardiny the above actior, pieasc call the Go;nmuni;:y D�velopmert Cfiice zz 571-345Q. J�t;jde 5ti ulati.mc: �_�__�— See Attached: S� rely, .�`;l.�L�i�L. L`�.'.�'.qGi�til'J__ '__'_ CITY !`LANPdER Cr,n�• with act'?n taken. �'yi'LGL �r� � _Yt_v_ � 11 ��/ ._�� ,� � �,- , , ; __.,_. i r ;; � : ��\ / � ^ t �� 12 CITY QF FR9DLEY i171 UNIVERSITY AVENUE N.E., FNIDLEY, MINNESOTA 554�2 James Pawelski Apache Camping Center 7701 East River Road Fridley. FN 55432 Dear Jim: TELEPHONE (E72)57i•7�50 June 18, 1981 I have canpleted my research concerning your property. The following are rt�y findings: 1. The City Council on July 25, 1977 approved special use permit SP #`77-04 for the business at 7701 East River Road with the following stipulations: a. That the development of the property be generally consistent with the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. b. That landscaping be improved subject to the approval of City staff, with showro�m visibility acceptable to the tenants and adjacent neighbors. c. That there be no outside loudspeakers. d. That outside lighting after 10:00 p. m. be limited to security �ighting of the property (the illumination being such a nature that it would not be annoying to the adjacent neighborhood). e. That fhere be the maximum of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the showroom. f. That there be no test driving in the residential area g. Any unsightly storage be stored at the rear of the property (behind the buiiding). h. That the driveway on East River Road not be used by customers. i. Sales of motorcycles and snowmobiles be excluded. j. That this permit is issued to Apache Camping Center and the special use permit shall close, if the use changes. • James Pawelski -2- June 18, 1981 Items a through i were stipulations from the Lity of Fridley Planning Lommission, and stipulation j was added by the City Council. A site inspeciton was done on June 18, 1981 and items a,b,e. and g from the above list have not been completed. The City of Fridley is nrn+ requesting that you give us a time-table for completion of those items listed above. All of these items can still be completed this year and we are conficlent that they wi11 be canpleted within a reasonable time frame. Please feel free to contact me if you have ar�y questions regarding this request. Thank you in advance for your time and cooperation of this matter. KEH/la Enclosures Sincerely, � /� �,�,° Kent Eugene Hill Economic Dvelopment Assistant 13 I ' `' � . V �Y .. iC �'_ 4 '3 ;"i. CITY OF FRI�LEY ��7/ YNIYEIISITY AVENUE M.E., F111DlEY, MINNESOTA 55��7 � Jmnes Pawelski Apache Camping Center 7701 Fast Rivez Road FYidley� I�A7 55432 llarch 3Q� 198i TEIEPMONE 1612I571•��SO SUbject; Notr-oon�liance of the FYi�ey City Code Dear Mr. PaWelski: 7tie citizens of FYidley have published a City Code �ahi� establishes minim�m standards necessary to maintain a pleasant, safe and healthy suburban envicoranent. It is throuqh the compliance of this Code that the City can attain those values so essential for oontinued gcw+th and developnent. It is for this teason that I am writing to you. During a tecent visit to your area, it was notioed that a portion of the City Code Kas not being folla+ed. The section of the City Code that is in non-compliance pertains to iandscape/screenin9 and outside storage. Your property should have adequate landscape/screening whidi is necessary for district separation. Pzesently, youc ptoperty does not meet this sQecification, Also, nccozding to your SUP �77-04, the outside display vas to be limited to two units. There are at least 4-5 units on display as of March 28, 1983. Please bzing the property into oonpliance of all itens specified in SUP t77-0A. Your assistance in correcting the identified problem is requested. I understand that theze may be saoe extenuating circ�anstances for this situation to have occurred, but your quick action to correct this situation vould be appreciated. If corrective actions cannot be initiated within the next fe�. weeks, or if you have any question5, please call me at the Fridley Civic Center, 571-3450 ext. 166, so that we can coordinate the oorrective action and/or provide you with any desired infornation. �ank you for your time and consideration of this matter and in your continued 000perati on in making the City of Ftidley a safe, healthy and pleasant subucb in Whid� to live and Work. Sincerely, /4:,,.J '�-5.-.� /,�� Icent �gere Hill Eoonanic Develop�st Assistant .� .. 14 I� TLT"� April 12, 1983 City Manager City of Fridley 6431 University Ave N.E. Fridley, MN 55432 Dear Sir: is l , j � :�-� . ., .. , It has been noted in letter form, that Apache Campinq Center is not complying with the rules of our s�ecial use permit qranted July 25, 1977, SPN77-04, in particular item E. a maximum of two units.dliplayed in front of the showroom. In 1977 when this permit was granted the items now on display were not available. A new concept in trailers was developed called Park Models. These Park Models ranqe in size from 33 feet to 38 feet in length and fran 12 to 14 feet in width. In order to dttract buyers a num6er of different floor plans should be displayed and because of size additional space was required. 5ince 1977 we have not discontinued any of our product lines but infact added Park Models. We are aware of the current conqestion of the Park Models. Sane of the display models have been sold but are unable to be moved to customer locations because of weather conditions. When the units can be moved the remaining units and any mo� will be placed in a unified manner. However, because of the letter from Mr. Hill, first thinqs first. We are requesting an ammendment to the oriqinal special use permit allowing Apache Camping Center to display more then two units in front of the showroom. Please advise if this can be accanplished without the personai appearance of Apache Camoing Center. aaw� �na unpinp tr.wn 5M rMN� • Wrt nwtlNt Jim Pawelaki APACNE CAMPING CENTER T707 Eist Rivx Ro�tl M�wpo�s. MiixasoU 55�32 571-6202 avviea � Sincerely, � � Jame J. awelski e mping Lenter ,TE OM BJECT DIFIECTOFIATE PUBLIC WORKS April 15, 1983 Planning - Bill Deblon Apache Camping Center Request MEMO N0. 83-23 John Flora Nasim Oureshi 16 ME MO R A N D UM ACTIONI INFO• The Apache Camping Center has requested amending their Special Use Permit, SP �77-04, via the letter dated April 12, 1983 from James Pawelski. The amendment requested is to allow more than two units in front of their showroom. Apache has been i� viola- tion of this condition and others as far back as Aprit of 1979. Currently, they are not complying with the following stipulations of their 1977 Special Use Permit: 1. The development of the property is generally consistent with the plot plan (Exhibit A) submitted by Apache Camping Center, torrected to show two concrete slabs adjacent to the showroom. 2. That landscaping be improved subject to the approval of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. 3. That there be a maximum of two units (one on each concrete slab located adjacent to the showroom) dispayed in front of the showroom. 4. Any unsightly storage be stored at the rear of the property (behind the building). Apache also has two signs advertising propane attached to their fence along East River Road. There are no permits on file for these si9ns and they should be placed with the rest of the signs on the pylon. Please advise me whether Apache should re-apply for a new Special Use Permit, or if they can be heard by the Council. WSD/de � CITY OF FRIDLEY 6�31 UNIYENSfTY AVENUE N.f., FRIDLEY, MINNESOTA 55�3Y TELfANONE (612)577-3150 April 28, 1983 Jim Pawelski Apache Ca�ing Center 7701 East River Road N.E. Fridley, ►fi 55432 RE: Special Use Permit, SP H77-04 Dear Mr. Pawelski: I've been instructed to inform youthat the City will review your Special Use Dermit, SP �77-04. However, since you are requesting substantial changes to the stipulations that were approved in 1977, a new hearing by the Planning Commission must be required. This wi11 involve renotification of adjacent property owners within 200 feet of your business, and a notice �n the 5un Newspapers. In addition you will have to pay the required application fee of �200.00. I've enclosed the Special Use Permit application. Please fill this out and submit it, along with the $200.00 fee, to the Planning Department by May il, 1983. This will place your request on the June 8, 19B3 Planning Comnission agenda. 7he recommendation of the Planning Cortcnission will then be forwarded to the City Council for final action on June 20, 1983. If you do not wish to proceed with the new permit, the stipulations of the existing permit must be complied with by June 1. 1983. If you have any questions regarding this matter, feel free to call me at 571-3450. . 5incerely, 6�'t/""✓A�. �. "V X�� WIL�IAM S. DEBLON Associate Planner WSD/de C- 63-10 i� ; i. . � . . _. .. \ . --- -- -- ---'— ----' � i2s � ; REGULAR X£ETING Of JULY 25, 1977 PAGE � Councilman Fitzpatrick indicated he was not incllned to cqve the rezoning of the R-1 property over the opposition of the people in the r�eighborhood. Councilman Fitzpatrick sUted the objections were to increased traffic on a resTdenttal street and increased pressure on inadequate recreatiorel facSlities. He felt, by locating the parkirg lot on the north end, part of the traffic rrould De elimirated; Irowever, because of the situation at the exits, people will drive around tM1e block to exit on the other end. He felt, in general, there would be tncreased traffSc in a raident5al area. Counctluwn Schnetder stated he shared Eouncll�an Fitzpatrick's concern and couldn't camforWbly go alorg xith rezoning in the R-1 portion. MOTION by Councilman Fitzpatrick to deny the rezoning based mainly on increased traffic in a residential area, increased pressures on irodequate recreational facilities and opposition by the R-1 property owners to rezonirg the R-1 property. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee dalared tM1e aqtion carried unanimousty. The petitioner requested that all minutes from the Plannin� Commission and Council pertaining to this iten be fon+arded to his attorneys, Dorsey, Marquart, YirWhont, West 8 Xa]laday. � ORDINANCE IqTION by Louncilma� Schneider to waive the reading and appivvr the ordinance upon first reading. Seconded by Council`roman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously. CONSIDERATION�OF FIRST READING OF pN ORDINANCE FOR STREET AND ALLEY VALATiON PP MOTION Dy Councilman SchneSder to waive the readirg ar�d approve the ordinance upon first readirg. Secorded by Louncilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee dectared the motion carried unanimously. RECEryINGTHE MIHUTES OF THE PLANNlNS !'^��*«•^° �rrTrur, nr .vuv io io». Mr. Sobiech, 2ublic Vo or, exp ained the Planning Commisston held a public hearing on this request for a special use permit and recommended approval with certain stipulations. He explained the petitioner met with property owners in the area and there is generol agreenent beWeen them re9arding operations at this site. The Ptanning Lommission recmmended the followirg stipulations: 1. TAat the development of the Droperty be generally consistent wfth the plat plan submitted by Apache Camping Center, corrected to show Aro concrete slabs aQjacent to the sharroom. 2. That landscaping be improved subject to tAe approval of City staff, with shwroan visiDility acceptable to the tenants and adjacent neighbors. 3. That there be ra outside loudspeakers. 4. TAat outside iSghtirg after 70:00 D.m. be limited to security lighting of the property (the illuminatio� being such a nature that it would not be anrwying to the adjacent neighborfiaod). 5. That there be the mazi�nun of tw units (one on each concrete slab located adjacent to the sAOrrroom) displayed in front af the shwroom. 6. That there be no test driving in the residential area. 1. Any unsight�y storage be stored at the rear of the property (behind the Duilding). 18ij 1 J �� I µ I 1 L'J j 19 REGULAR MEETING OF JULY 25, 1977 8. That the driveway on East River Road not De used by custoeers. 9. Sales of ootorcycles and smwnwbiles be eacluded. PAGE 5 Mr. Sobiech mentioned anather stiDUtatton which eight Ee added is tAat tAe speciat use pertnit be granted to the Droperty wner for this particular use only. He sUted tAe interpretation the s Wff np+ uses Ss that this special use permit SS for a particutar use and if anyone else wanted to use the facility for fomethirg other than this use, it would be necessary ta cane Dack before the Council. Hwever, if the property were used for the same type of disD�ay Wt is �aw proposed, it wouTd not come back w the Louncii. Mr. Herrick, City IltW�ney, agreed wSth the interprctation by the staff in this regard. � Councilnan Fitspatrick questioned if ihese stSpulations were accepted by the ., proDerty a+ner. Mr. Mormsbecker, 13401 Southridge Road, stated he is involved � . !n 2Ae lease and the properiy owner is aware of the stipulations, ard he does not think tliere will be any problens. ' i l , ; i Mayor Nee quesiioned the amount of sqw re fooWge tn be used by the Apathe Camping Lenter. Mr. Sobiech indicated they wouTd be using about 4,000 square feet in the rear of the Ouildirg. Councilman Fitzpatrick indicated tAe request is for a particular use of a portion of tAe Duilding and eventuaily there would probaDly be a request for use of the renainirg part of the buildirg. Mr. So6iech explained the zonirg of tRe prnperiy is C-2S. Mayor Nee sUted he personaliy dces irot like the idea as he has a bad feeling about display when tAey are trying to keep it as a residential area. He questtoned 1i the neighborlaod agreed to this special use permit. Ms. Mary Martin, 133 Stonybrook Yay N.E., feit the neighborhood realizes sanething Kill be going in the building ard t�is seaned ta be the best alternative. She sUted it is zaned commercial, and residential would be the only better use. She indicated, as far as she is concerned, this business is pro6ably not goirg to bring in a tot of people and the petitioner has agreed to only Mo vehicles in fron[ of the building. She stated the residents are proDabiy in agreement that this is the best possible use at the moment. She requested an added stipulation that when the campirg center is ra lorger in business, the special use permit rrould expire. lOTIDN by Louncilman F9tzpatrick to contu� with the Planning Commission and grent SP F77-OA with the nine stipulations as outlined in these minutes and witb tAe added�stipulation tbat this permit is issued to Apache Lnmpirg Lenter and the special use permit shall cease, if the use changes. Seconded by Louncilman Nanernik. Upon a voice vote, atl votirg aye, Mayor Nee declared the motion carried unanimously. ANDREM EVANS, SPELIAL USE PERNIT, SP /77-07, 6p40 BENJAMIN STREET: Mr. Sobiech stated this is a request for a special use permit to allow constructSon of a 27' a 24' attached garage to be used as an accessory buildirg at 6040 &Rlamin Street. He sWted the Planning Commission field a public hearing and recommended approval of this request. Mr. Sobiech pnsented a prelSminary plan for const�uction of this accessory butlding. He explaineC the new buildirg and driveway will be off Ferndale Avenue. lqTtON by Louncl7man Schneider to concur with tM1e recommendation of tAe Plannin9 Lammission and grent SP i77-07. Setonded by Gouncilwanan Kukwski. Upon a voice rote, all voting aye, Mayor Nee dalared the �notion carried unaniwousty. � I I - - — i I I � .._ .__ __. J � � CITY OF FRIDLEY PLANNING COMt1ISSI0N 11EETING JULY 13. 1977 CALL TO ORDER: Chairperson Harris called the July 13, 1977, Planning Commission Meeting to order at 7:35 P.11. ROLL CALL: 17embers Present: f7embers Absent: Others Present: Storla, Bergman, Harris, Peterson, Gabel, Langenfeld None Jerrold.Boardman, City Planner APPROVE PLANNING COMIIISSION t1INUTES: JUNE 22, 1977 11r• Langenfeld corrected the ^Members Present^ listed on Page 1 to read ...... Bruce Peterson. He indicated that the "1lembers Absent^ should read Bob Peterson• NOTION by Mr• Langenfeld, seconded by Mr. Storla, Planning Commission Minutes of June 22, 1977, be amended• Upon a voice vote, all voting aye, the unanimously• AMEND THE AGENDA that the approved as motion carried f70TI0N by Mr• Peterson, seconded by 11s. Gabel, to amend the agenda to include item 5A, REQUEST FOR A LOT $PLIT, L•S. t77-07, K.B.M. INVESTME,NT COMPANY, REPRESENTED BY WYMAN SMITH�....... Upon a voice vote, all voting aye, the motion carried unanimously- 1• C`1,�Y'�5� PUBLZC HEARING� RE4UETT FOR A SPECIAL USE PERMIT, ! 7-0 APACHE CAIIPING CENTER: Per section 205.101, e llow sales and service of recreational vehicles, on Lot 1, Block 1, Pearson's Second Addition, the same being 77D1 East River Road N.E. Public Hearing open. nr• Boardman presented the site plan from Apache Camping Center to the Planning Commission• He said that the landscaping plan had•been draWn up by an architect. He pointed out that there had been a meeting at the site involvinq Apache Camping Center personnel and the neighbors• He said that nine items had been drawn up at that time that were requested to be incorporated into the Speciai Use Permit if it Was granted. The Planning Commission studied the plan they had before them. PLANNING COMMISSION nEETING — JULY 13, 1977 Paae 2 21 Chairperson Harris wanted to knov how many customer parking piaces were being provided. flr. Pawelski of Apacfie Camping Center explained that tfiere would be enough parking space to accommodate 14 cars• Chairperson Harris questioned the number of Lent trailers and regular trailers shoW� on the plan. fl r• Pawelski indicated that they were shoWing the maximum number of units that vould be on the lot at one time. ' Chairperson Harris asked if Apache Camping Center had had a chance to look over the nine stipulations. nr. Pawelski indicated that they had revieWed the nine stipulations a�d we�e in agreement- He said that ns. nartin had requested most of the items to be included as stipulations should a 3pecial Use Permit be granted. nr. Pawelski felt that the number of kinds of shrubs being required at the front of the building Would obstruct the viem of the shoWroom from the street• He said that with some extra care, the existing shrubs should be adequate• Chairperson Harris questioned one of the stipulations dealing with making sure the Special Use Permit would not be applicable to any other business. M�. Pawelski clarified that ns. nartin did�'t want the Special Use Permit to be a1loWed for use by someone else� should the Camping Center move.amay at a future date. ns. nartin of 133 Stonybrook NE explained that she understood that a Special Use Permit Was issued to the owner of the property and since Apache Camping Center would only be leasing the building she didn't Want to have to contend with an undesirable business {used car lot, etc.} should the Camping �enter move at a future date. Chairperson Harris explained that unless another Camping Center moved into that building, the Special Use Permit would not pertain. He said that each different business Would need a separate Special Use Permit• He indicated that the permit would be issued for the outside storage of recreational vehicles. Tr� 22 PLANNING COnMISSION nEETING — JULY 13, 1977 Paqe 3 ns. nartin said that she and the Apache Camping Center are in agreement on the thoughts, but she wanted to be essured that they are in agreement on the words• She did�'t want to have the Lhoughts misinterpreted• One thing in particular she wanted to have the wording exact regarding the displaying of vehicles in front of the showroom. She wanted it to read, ^tWO cement slabs adjacent to the showroom With one vehicle each on each of the slabs. She felt that the way it had originally been worded, it could have been interpreted as two vehicle on each of the slabs, resuiting in a total of four vehicles displayed in front of the shoWroom. She said that she and the Apache Camping Center had agreed on a total of two vehicles displayed in front of the showroom. At the request of nr• Langenfeld, Chairperson Harris read the nine stipulations to the audience. nr• Pawelski clarified some the the items as Chairperson Harris read them• nr• PaWelski indicated that he Would be meeting With the owner of the property regarding the nine stipulations• He said that they were in agreement to fix the building, but didn't feel they should have to handle the total expense of upgrading someone else's property• ns. nartin explained that she had noticed two semi-truck trailers Were being stored at the rear of the property- She said that there Was no objections to the ones presently there• She asked that since the Special Use Permit Would be issued to the property omner, would he be able to use that permit to enable him to park more of the semi-truck trailers on the property• She indicated that if that could happen, then she felt that there would be a lot of objections. She was sure that the neighborhood did not want any se�i-truck traffic in the area. She also felt that it Wou1d be aesthetically unpleasing to have semi-truck trailers kept at the rear of that property• ns. nartin continued to say that she understood that the trailers did belong to the owner of the property and not Apache Camping Center• She only wanted to know if the oWner Would have the �ight of outside storage• nr. Wormsbecker of 134Q1 Southridge Road indicated that basically the rear of the building in ques.tion was only being used as cold storage and that it shouldn't be considered as a warehouse• nr. Boardman explained that if semi-trucks were going into the area and delivering merchandise to be stored, then the building �uould be co�sidered as a Warehouse and varehouses were not allowed in the zoni�g presently on the property. 23 PLANNING COnMISSION MEETING — JULY 13, 1977 Page 4 fl s. nartin wa�ted assurance that the neighborhood would be protected from that type of situation being allomed• She felt that the Permit should be worded NOW to assure there would be no misinterpretation of the intent of the Permit. ns. Martin indicated that there vould be definite opposition to a warehouse in the area. Mr, langenfeld indicated that if the stipulations vere incorporated into the Special.Use Permit, that, in itself, would put a great ��eal of control on the property• He explained that if in the event the neighbors felt that a Warehouse operation was taking place, all they Would have to do is cali City.Ha12 and someone would be sent out to the property to check-out the complaint. ns. nartin explained that that was Why she felt the stipulations should be incorporated into the actual Permit — to be sure the neighbors had a valid complaint should different occasions arise• ns. Gabel Wanted to know how long the trailers had been on the property• ns. nartin indicated that she hadn't realized the trailers had even been on the property until the night she met With the personnel from Apache Camping Center at the site• Mr• PaWelski didn't know the answer either• He Was again in agreement with ns. nartin• He said that Apache Camping Center didn't want to have the trailers parked on the property either. He felt that the more room the oWner utilized, the less room they Would have for their Camper business. nr• Peterson questioned the stipulation stating, "Drive way on East River Road not to be used by customers^• He wanted to know how Apache Camping Center Would be able to control What driveWay a customer Would use. nr• Wormsbecker explained that there Was a driveWay onto the property direct2y from East River Road. He said that Apache Camping Center Would keep the gate on that driveway locked so as to discourage anyone from using the driveway. He indicated that Apache Camping Center intended to use the driveways located on 77th Street. nr. Pawelski explained that there could be occasions When Apache Camping Center Would want Lo use the gate/driveWay on East River Road but that it Would only be an occasional circumstance and Lhat customers would never be encouraged to use that particular gate/driveWay. 24 PLRNNING C011(1ISSION t1EETING — JULY 13, 1977 Paae 5 Mr. 8ergman pointed out that there was an error on the plat. He said that the two cement slabs in front of the shoWroom had not been indicated• Mr• Storla asked What type of security lighting Apache Camping Center planned to use. Mr. Amundsom of Apache Camping Center indicated that it Would only be security li9hting and would only illuminate the Camping Center• . In answer to a question by that the business hours of flonday — Thursday Friday Saturday Closed Sunday Mr• Langenfeld, Apache Camping 9:00 A.M. — B:OU 9:00 A.11. — 6:00 9:00 A.t1. — 5:00 11r• Pawelski indicated Center vould be: P.M• P.11 . P.n. He said that he felt the latest they Would ever be open mould be 'i:UO P.M. He again indicated that all ingress and egress to the Apache Camping Cente� would be via ?7th Street. Mr. Pawelski said that they had studied the landscape plan• He indicated that basically it mas an agreeable proposal and that the only problem Was that Apache Camping Center planned to get with the landlord to discuss the plan and to find out if he Would handle some of the expenses involved with upgrading his property• f1r• Langenfeld wanted to knoW the terms of Apache Camping Center's lease agreement• I�r. Wormsbecker indicated that there Wasn`t an actual lease agreement• He said that it was Still a negotiable thing. 11r• Pawelski said that when Apache Camping Center found out that they needed a Special Use Permit, they decided to first find out if they could get the Permit before they decided on the terms of the lease• Ms. Gabel asked u�hat ki�d of lease Apache Camping Center anticipated• flr• Amundsom indicated it would be approximately a three-year lease {minimum}. i` 1 PLANNING COflhIS3I0N nEETING — JULY 13, 1977 Paae 6 Mr. Pavelski wanted to know why Apache Camping Center had to replace all the shrubs presently on the property. Mr• Boar�nan said that tfie landscaping architect had agreed that tome of the existing shrubbery could remain as long as the antire property Was upgraded• nr- Langenfeld wanted to know the purpose of the six foot redWOOd fence• nr• Boardman indicated that the six foot redwood fence vas basically for decorative purposes. hr• Peterson felt that the shoWroom should not be obstructed by landscaping. nr• Boardman explained that the proposed landscaping Would not block the showroom visibility- He said that the City was only suggesting the ideas- He indicated that Apache Camping Center would have to submit a landscape plan for City approval before they would receive the Permit• He said that the Permit would be held up until the landscape plan met with City Council approval• Mr• 8ergman said that when a business had a glass-front showroom, that.the City should be careful not to require anything that would conflict with the visibility of that shoWroom. Due to a misunderstanding, the Public Hearing had been closed at the June 22, 1977 meeting; therefore, it came to the Commission's attention that the Public Hearing had not been opened• nOTION by Mr• Peterson, seconded by Mr• Bergman, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously- nOTION by Mr• Langenfeld, seconded by nr• Peterson, to include a12 the previous informal discussion into the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously• nOTION by nr• Langenfeld, seconded by Mr• Peterson, that the Planning Commission receive the nine stipulations. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris requested a shom of hands of people mho Were in the audience regarding the item. nOTION by Mr. Peterson, seconded by ns. Gabel, to close the PubliC Hearing• Upon a voice vote, all voting aye, the motion carried unanimously and the Public Hearing was closed at 8:35 P.n. Zs PLANNING COMnISSION MEETIN6 — JULY 13, 1977 Page 7 26 � nr. Peterson indicated that the landscaping needs had to be verified. After some discussion, Chairperson Harris and nr• Boardman came to the agreement that the City Council had final arbitration regarding the approval of the landscaping plans. n0TI0N by Mr. Bergman, seconded by Mr• Peterson, that the Planning Commission recommend to City Council the approval of the Request for a Special Use Permit, SP t77-04, Apache Camping Center: Per Section 2D5.101� 3N, of the fridley City Code, to allow sales and service of recreational vehicles, on Lot 1, Block 1, Pearson's Second Addition, the same being 7701 East River Road N.E. subject to the folloWing stipulations: 1} That the development of the property be generally consistent with the plat plan {Exhibit A} submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom• 2} That landscaping be improved subject to the approval of City Staff, with showroom visibility acceptable to the tenants and adjacent neigfibors. 3} That there be no outside loudspeakers. 4} That outside lighting after 10:�❑ P.�. be limited to security li9hting of the property {the illumination being such a nature that it would not be annoying to the adjacent neighborhood}. 5} That there be the maximum of two units {one on each concrete slab located adjacent to the showroom} displayed in front of the showroom. 6} 7} 8} That there be no test driving in the residential area. Any unSightly storage be stored at the rear of the property {behind the building}. That the driveway on East River Road not be used by customers. 9} Tales of motorcycles and snowmobiles be exciuded. UPON A VOICE VOTE, all votin9 aye, the motion carried unanimously. PUBLIC HEARING BEFORE THE PLANNIN� COMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Comnission of the City of Fridley in the City Hall at 6A31 University Avenue No'rtheast on Wednesday, June 22, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a Special Use Permit, SP #83-04, by Donald Wehlast of D. W. Construction, Inc., per Section 205.1574, (4), to allow the construction of a new dwelling in CPR-2 Zoning on Lots 27, 28, 29 and 30, Block S, Riverview Heights, the same being 8125 Riverview Terrace. Any and a�1 persons desiring to be heard shall be given an opportunity at the above stated time and place. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COhP1ISSI0N Publish: June 8, 1983 June 15, 1983 27 MAILINf LIST SP#83-04 D.W. Construction, Inc. Build in flood plain Donald Wiehlast D. W. Construction, Inc. 8804 Lexington Avenue New Brighton, Mn 55112 Kim Wall 8065 Riverview Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Fournier 8095 Riverview Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. �onald Schneppmueller 8151 Riverview Terrace N.E. Fridley, Mn 55432 Mr. & Mrs. Roy Klingbeil 8199 Riverview Terrace N.E. Fridley, Mn 55432 Mr. William Johnson 681 Glencoe Street N.E. Fridley, Mn 55432 Mr. & Mrs. Chester Schack 685 Glencoe Street N.E. Fridley, Mn 55432 Mr. & Mrs. Douglas Cloutier 666 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. Richard Burgess 670 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. Gerald Blilie 680 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. John Rice 696 Hugo Street N.E. Fridley, Mn 55432 Planning Commission 6/7/83 Mr. & Mrs. James Parker 669 Hugo Street N.E. Fridley, Mn 55432 Mr. & Mrs. David Jones 677 Hugo Street N.E. Fridley, Mn 55432 DeMatts, Inc. 10267 University Avenue N.E. Blaine, Mn 55434 Mr. & Mrs. Victor Smith 3300 Louisiana Avenue St. Louis Park, Mn 55426 G e E11' 696 Nu eet N.E. Fri y, Mn 5 � x { ': y..`'4s f :e £�'r l .. .' rS'f'Y'w J x � a � � .. '`a." .e��` . . . l. . . CITY OF FQIOLSYs ,- Sl18JECT . ` _ saa+ uiuivews�rr sws �. . �;�� SPECIAL USE PERMIT Q FAICLGY. MN.6547! [6'1?7677 �� ` '� . . . . � � . . SP � O� <a �` % /�-3,�r y, . �� „ :�—.. . ° . / ADDRESS - �( G J -E� ✓Cs'iitrr� �.Cyi-e �Q . QATE �Z[83 � fLANNIHG CONMISSION: P.H. DATE � � APPROVED ` DISAPPROYED �: : ,-�„�; � �•; _ � .; i' a .:-< DVITE � NO �Iix iOUNCIL. �,� P.H. REQ'D � � � 'DATE • NO � � � CITY tAUNCIL: :+ ` APPROVED DISAPPROYED DATE NO STIPULATIONS: - , , . . .. ., >'_ " ' �� ., ._. % � � %� „/. // � STREET LOCATION Of PROPERTY ��2`$' �K _ � Y ' .�- �`', � e — LEGAL OESCRIPTION OF PROPERT�f �$ '�7-�O-a4-30 SL�.•LS^�y� PRESENT ZOt�ING CLASSIFICATION �{�2 EXISTIN6 USE OF PROPERTY - Uaca.-, f ACREAGE OF PROPE�tTY /�,o� � DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND / n .. ., w . ., Nas the present applicant previously sought to rezone, plat. obtain a lot split or variance or special use permit on the subject site or part of it? __yes _�no. Nhat was requested and when? ' ; . .. . . The undersigned understands that: (a) A list of all residents and owners of property xithin 300 feet aust be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of ali residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the foliowing: 1. North direction. 2. tocation of proposed structure on the lot. ;3. Dimensions of property, proposed structure, and front and side setbacks. -�.'` Street names. 5. Location and use of adjacent existing buildings (within'300 ' feet). -_ , .. . : . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. i��-"" � r DATE �/ � / � � SIGNATURE A �� Y ✓ � - (APPLIClfNT . 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COY97RUCTIOY O ��OCM YOOd NuO .Y�L lor Y:ea•�tim Ool� D�osw �urt�e� Dra3nK• � D�uotp Propwd L1�t�tlon LoL� 27, 28, 29 �na )0, Bleek S� 91r�r Yi�r H�i�ht�� aok� Co�ty, Itlnnpot�. 8ub�wt to ti��rvSw T�rru� o��s LL� Yrt 4.00 f��t s6�rwl. � -�: F _ ;t`g�`. �� . 3�,�:. � � ��s: . Yg��,_ ,:: r � '. ,�:# e "��C iHVO�ce no. l�eoi 3 t. s. No. 3�s=oc fCAIEI" 20' 0— DENDiE51XON !ep of 81oek BZ$.2 O�r�� 11oor il��tlon Sz�,7 Ler�t No�t 13oor tl��atim e za. _ � �� M.tcwr� d �no"� K� .• w� � w��.w.,�r Mo`Ke `R�'� r� M` M�lr stNV sr� uw �. w �e mna w..r�.tim ae ..... r a. ea.w� a w.eo.. a.e'se i.�e oa a. �:a r a wa 4 n0 oiOY riaorl�nu. X�^I'. hem w m r0 Ytl. i,,,r.aa.� � 2 tAyya Ioril �� Q3 � ��,�. � . , � ( �R� \ „� Q, �.� A hsh, Mim, py. No. 67�3 �/ E � f� 6� �� '� 1 / '� . t �'7:. ,1,f . . \\, L� „� � , r S � r i � �-,: _ . � �� . � � � 4 ! w � I� L � / � 3 = A Iw ` ; .� � � � gl i, � �,. i � �I ��.� ii ,li �i � : I �:��i . lii il � i � . �'�'^7 �n/n.R{y� • z �z "• . �I.I�.� :�I� y � �� . � � � � . I.��I� 1;I�� ' �I� i I6 � �f�i I:�I�il `a � I� III'' � ,�I 'I;i i � � I: �, � - �i,i �!;;� ��"� .I 1�(�+�I'� � � 'i I �I;ii� ,: �,IIIIi;. � �� i��'�i�i;� i � n zl� � — lJ � NZ � �a ` Y ' J�. / �� J �' , � � �,I � ��t LL �0 ` . .{� -� ,• I• _�. �, • � , � � �.. ' ' . !7 Si I � � '' � '� �� '�I I �' Z i � �-+ I I � I > :. ; ,� �i > i� i ,�I � � i ,�; ti 5 ', �I• i��'. I� �i ,I11 .I � � r'' �'I� . � I .�I� i � ;�� ,I . �i': � : `;;y' 'jl ' ; 4..�;� 1 ,^ ili:;1' 1 �i `� I I I� I � �' �� j 1' ! ,t�� ,� � 1I}, �� 'i , _ - • �; s� v � �� I. { i� n � �� 'I � � �� ' �� .. . �:� � . � �� • ! • � G •• - ' ` � • � 33 �•�r�r:r- :• �:c � •a r� . �• i � • i: : : •:, . ►,• � � : � : i •� �'�•' :U ' :A•' 1: �. � •: • 1 :il :� �i" �1. i�'.• / L }1 ►♦ ' i'.I. :n 1 � }1 1 / :11 '� ' : � : 1'.1. •' �:I' ' 11 :i M �� 1 : 1: i:l:il� : ��1• • '�3E Q7[RaCIL OF '143E CITSf OF FRIDLEY DOES O�IN AS PCII,ICIWS: 101.01 DEFINIfiDOtiS RY�e following definitions shall apply in the interpretation and application of this �apter and the following worcls and terms, wherever they occur in this Qiapter, aze defined as follows: 1. Animal. �,y � living creature excpert t� h��n racp �1��¢ �� b�X�, 2. Aninal Control Officer. Any individual designated by the City to enforce the provisions of this Q�apter, including all City police officers. 3. Animal Shelter. Any prenises desic�sated b� the City for t1�e purpose of impounding and caring for ani�ls held �mder the authority of this Chapter. The facility may be owned by the City or may be a contracted shelter service. 4. Animal Tag. A tag pravided to individuals who are issued a permit to maintain an animal. 5. Cat. Any aninal of the feline species. 6. Cruelty or Tort�re_ ?hprv a i. ;on o n qlect whereby ��necessary or unjyst�fi-b1e nain �ferinq,or both shatl be c?used or„ecmitted. 7. Dog. Ffny ani�l of the canire species. 8. Reruiel. 34 Any place where thcee or more dogs, t2�ree or more ca*�r ar,v conuinat�on c threP or more doas ?*x± �at� aze kept on t2�e same prenises. A fresh litter c oyypa nr k;rtens �y b�k�ot for a cwriod of six fbl months hefore beir �'a ed i� t►+P detarn+ir�ation of t1+PZ or ot a k�nnel e�ts- 9. Livestock. Sorses, cattle, goats, rabbits, sheep and fowl. 10. Pecmit. �e authority to keep an anim3]. �� ZFSe/ ��/f�d¢ ��`J�� within the City of Fridley. 11. Pet Shop. Any person, partnership or corporation engaged in the business of bzeeding, buying, selling or boarding animals of any species. 12. Veterinary Hospital. 1�ny establishment maintained and operated by a lioensed veterinarian for the diagnosis, � and treatment of diseases and injuries of ani�ls. 101.02. WII�D ANII+�4TS AAID BIitD6 It shall be tmlawful for any person to h�.mt, take, shoot, trap, kill, injure or attenpt to injure any wild animal within the City of Fridley by use of a fiiearm, bow and azrow, trap, poison oz any other means. This pzohibition, , however, shall not prevent pcoperty owners or their agents from eradicating todents on theic ptope�ty hro �qh h �c o tcap,G,,,_gn� GonG or othec such 1 awful mea.+G. 101.03. LNFS'PaiC OOtdIIt�. �, 1. License Requirenent. Io person shall engage in the keeping, raising, feeding or caring for .ivestock within the City limits of fYi2tiey without first having obtained a ��ioense to do so. �I/1�(��[/�dY�/14��/A't'��4'1�/�/X��/f¢e�/�$/61��`�f�� ¢t►� c�. e6r �. License Procedure. A. A license to keep livestock shall be granted only after written application, signed by the applicant, and filed with the City. The application shall state the applicant's full na�ne and address and contain a oamplete description of the livestock to be kept as to kind and number and a�f�¢¢t�¢X��yf €'Lte �lan of the prenises showing the adjoining property, fence lires and livestock housing facilities. � B, �e Camcil, in wnsidering whether a license should be granted, may . consider the nature of t2�e livestock, the possible effect on adjoining , progerties, the fence lines, the housing facilities, the santitation control and the effect on ti�e genezal health, af v and welfare of the City. 35 3. License Fee. TY�e annual license fee and expiration date for a livestock lioense shall be as prwided in Q�apter 11 of this Code. 4. Manure Ranoval. Pereons who keep animals within the City shall not allow any odors which are offensive to the people inhabiting the City Sy� that tihey on � u a rn,i�„n� c f�ne; in �vtet 110,�T*�*~ed "PUb1�c Nuis�ce" of the Gitv �� Organic matter shall not be allowed to accianulate foc more than one (1) week at a time. Howevez, organic matter shall be renoved more often than one (1) time per week if it is necessary to eliminate any a3ors #h�r �nna ;, a nuisance. S. Housing. Pcopec housing in the fozm of barns, cooQs or hutches shall be provided in any area where livestock are peimitted to roam. Such housing shall be adequately fenced to insure that the livestock r�nain on the owner's pr�nises. When livestock are kept in an acea that abuts oc adjoins a residential azea on whi� dwellings are erected, there shall be a strip of land at least thirty (30) feet wide between such abutting property and the area on which the livestock are kept. 6. Inspection. Any authorized A*+;+++�� cn.,trol Officer of the City shall, at any reasonable timer be permitted upon the prenises where livestock are kept for the purpose of m�king inspection to determine oompliance with this (2�apter. 101.04. DOG QONIItCI. It shall be �lawful for any person p�qh��^ (�81 y�ars of aoe or older or for the parents or guardians of any person Lmder eighteen (18} years of age who owns, harbors or keeps a dog to allaa sucii dog to run at large in the City. �e age of the dog is irrelevant �mder this Section. 101.05. ANZPSSAI� NOLSANQ: For the pucpose of this Chapter, an �� ` ��(1C �IIiIDal shall be deemed to wnstitute a nuisance when �n,y of t►+P fo�lowi�g c�ndi io s ex�st : 1. RY�e g1� �� ¢�X �II.i,ma,l is not confined to the owner's or custodian's property by adeqiate fencing or leashing. 2, �e ��}� �'fj.'�imal is off the prenises of the owner or custodian and is not tnder the control of the owner or custodian by a leash. Such leash shall not euoeed eight (8) feet in l�gth. 'This provision is not applicable when ��{ � an anim�l 15 1[7 d R10tOI V2t11C1e. 3. Zt�e � p�� ¢�` �i.ID31 comnits dama9e to the person or property of anyone othez than the owner, or creates a nuisance, �^ def�ned ;n thia chaDter or in �c�ter 110 of t� C�y_��. upon the property of ore other than the owner. 36 14us prwision is not applic�ble when tre dog o� cat is acting in defense of the owner, the owner's faunily or the owner's property. �idS�II,�XX�I�/{��%/6f ��✓�tr�,��ri�ax 4. A fenale ��jf '�' 3nim31 is in heat, off the premises of the owner, tnless confined while being transported to or fran the prenises of the owner. Zhi,s pravision is applicable when a fenale p1� ��` ¢� �uimdl is in heat and is on the prenises of the owner, but is not kept in a building or secure e�closure where it cannot be in contact with other males of its kind, except for planned breeding. 5. �e ��y� �j-` BB1IDal barks, howls, cries or yelps so as to unnecessarily dist�rb or annoy any person or persons in the vicinity theteof, �f}` y6K�¢K �f/f�Ti�X X��PfY� �'t�X �'�� t` �Xi¢ IdE�� r o herw� se em� ts a Go�nd r�,�r rnnetitLt25 a nuisance as defined in Ghapfer 1101 Pn >> d"Publ;c �'c;nce", of the City �e. 6. TY�e �I�� ¢� �� 3IIimdl chases vehicles or otherwise interferes with pedestrians, autcmobiles, bicyles, motozcycles, motor bikes oz snaamobiles on public streets, alleys, �`�1�p(R�r $LP�rties or hic�ways. 7, whP��eausred, the yl�@ �f ¢i�Y �nim31 has not been vaccinated against rabies within the preceding two (2) years. �,r��€��a,r��xr��a��,�r�✓�,a��x��Y��b,vz��,�v�t�a,s �,t /I.�`d�/d��a��A%db4`fa`dd I k�k�i�ld'd �/XY�//�l �✓ia'i'I �,�i'��/�b'o'I E�'a�d ��X� ��/��/��"��'✓,�#/�bb'�/��`�i1��/��/�'r��3�`A,�t►��'/Y� 8. Zt�ree (3) or more dogs, three (3) or more cats ��;y_ coanbi��tion of three (31 or more dog,g and cats are kept on the same pr�nises, unless a kennel lioense is obtained in the appropriate zore for that use and the sequirements of Section 101.15 aze cnmplied with. gl//X/��brf/�rf�/�f/��/�/►��if/t�GE/16�►l�fe�/6f/t�/lCi�/6�/Y�iAX��! 101.06. DOG RSGLSII2AT�ON 1. Permit. A. No person shall own, keep or harbor any dog over the age of six (6) months within the City imless a permit therefoz has been secured. Permit ce�tificates shall be issued by the City upon gcoof of rabies vaccination within the preceeding two (2) years. Issuance of new permits for the license yeaz shall oa�smnce as set fozth in Q�aptez 11 of this Code. In April of each year, the City may publish notice in the official newspaper of the need to pay suc]� pezmit registration fee. 2. 37 B. The applicant for permit must sign and agcee that he oz she is prepared to comply with regulations established by the City. Tt shall be the duty of each person owning, keeping or harboring a dog to pay the permit fee established by the City on oc before the first day of the permit year, or upon establishing residence in the City. Upon payment of the permit fee, the City shall execute a receipt in duplicate, the osiginal of which shall be delivered to the person who pays the fee and the duplicate retained in tl�e City records. At a minimian, the receipt shall describe the do9 as to breed, age, aolor, owner and owner's address. C. No permit shall be required of any hunane society, veterinary hospital or laboratory. Tag. A. in addition to the permit, a tag, the shape or color of whic3� shall be diffef�t for each registration year, shall be issued by the City. The owner shall affix the tag, by a peimanent metal fastener, to the collar or harness of the registered dog in such a manner so that the tag may be seen. The owner shall see to it that the tag is constantly worn by the dog, In case any tag is lost, a dupliwte may be issued by t2�e City upon representation of a receipt showing the payment of the permit fee for the current year. A chazge, as provided by Chapter 11 of this Code, shall be made for each duplicate tag. If at the time of initial registration a dog is due to be vaccinated within the next six (6) month period, then a new vaccination shall be required before a permit is issued. B. It shall be �mlawful to counterfeit or attenpt to counterfeit a dog tag or take fran any dog a tag legally placed upon it by its owner with the int�t to place it upon anotr,ei dog oz to place such tag upon anothez ani�l. C. Dog tags shall not be tsansferable and no ref�mds shall be made on a permit fee because of leaving the City or death of the dog. 101.07. RES]OCATDO[1 1. An animal permit may be Levdced if: A. The person holding the permit refuses or fails to comply with Yhe. �ovisions of this C�apter, any other regulations promulgated by the City or any state or local law governing cruelty to animals or the keeping of animals. B. An owner fails to provide the animal with �7��¢pf� ��R1 �yf� �X�R� n�'pscaTV food, watei. sheltez. �y��1Cf�1`7�� 3� XY� ��YK¢t' veterinary care and huiane care and treatrnent. C, An vwner over ives, overloads, overwozks, toztures, ill threats, torments. neyle.,^`,s or uniug i f' abl k3nj 'r ,�ms, IQllf l � 31+'PC o cn P>>v works a*+ a*+imai wh n ��fit for ��r, or otherwise abuses any animal, D. An awner causes or permits any dog fight, cock fight, bull fight or other oombat between anim3ls or between ani�ls and himans. E. An owner violates the tezms of this Q�apter three (3) times within ore (1) permit year. 2. My person whose permit is revoked shall, within fifteen (15) days, renvve sud� aninal(s) permanently from the City or hia�anely dispose of the animal(s) cited in ti�e violation as being arned. kept ot hazbosed tr� sud� person and no part of the permit fee shall be refunded. In addition, the owner may be liable to oourt action �axiec this Code, State Statutes and local laws foc any of t2�e actions cited above. 3. If a permit is revoked, no new Permit may be issued for a period of one (1J year fran date the permit is revoked. � � • r�> r u � �e section of this C�apter requirin9 a petmit and tag shall not apply to norr residents of the City who are keepin9 only cbmestic pets, provided that the aninals of sud� owners shall be kept in the City no longer than thirty (30) days and the aninals are kept w�der restraint. �/��7/t��i�/$�/k'N�� 16Y¢t /�N�XX/�1�Xt�/��Y��/i�/�R'a�it`s�X$/��/��i��/�a��¢�L'#'�P�/#�`¢ _�+y�(¢�, fddA, g7 � o r p3rn» Gio;.s of th is Q�crter Gh,l1 �Dg� y to non-�es; de�ts anr7 t1;?; r pe�. 101.09. FEFS �e annual petmit fee and of this Code. Neutezed oz fee as provided in Chapter 101.10. IMPQ7AIDII� 1. Generally. expiration date shall be as provided in Chapter 11 sFayed anim3ls shall qualify foz a reduced pezmit 11 of tY�is Code. A. The Animal Control Officer shall take up and impound any animals requiring permits or tags found in the City without the tags; or any animals which aze in violation of any of the other provisions of this Qiapter. Aniiaals shall be impounded in an anim3l shelter and confined in a h�anane manner, im�oimded anim3ls shall be kept for not less than five (5) days, includin9 Sundays and Holidays, �mless reclaimed by their owners. B. If an animal is found at larqe and the owner or custodian can be identified, the Anirml Control Offioer may proceed against the owner for violation of this (�apter. C. The Animal Control Officer may enter upon any public or private p�cenises by warrant or as othenaise pravided by law when such officei is in reasonable pucsuit of his or her duties. D. Upon taking and impounding any anim3l as provided in this Animal Control Offioet shall um�ediately notify the owner, if the City Police Department. The Animal Control Officer Depattsnent shall msintain a tecocd of aninels so impounded. 2. Qauaing an Impounded Animsl. (]�apter, the known, and and Police m � A. In the instance of animals for which the owner does not have a required permit oz tag, the Anim31 Control Officer ehall not return such aninal to the owrer �mtil a permit and tag have been purchased from the City or fran the Aninal Control Officer. RY�e Anim31 Control Officer shall renit to the City the sian paid for the peimit and/or tag �fyiR1 ,i� j� �j4pf¢y� tt� r�$ �f�� ft��¢� �",�7�`,��,1 14� ��Y �R �,�� ana fuznisn the City with all necessary information pertaining to said purchase including a ooP3 of any permit certificate issued im m�nection therewith. B, The Aniirel Control Officer shall be paid by the animal's owner an impo�mding fee idxi1$ X� 14'�� 1' #+��'1i ��(,� 1�}i� �td� �� 14��X �� ,iyf¢�TT ,i�f �¢ �yf�f�. The Anine]. Control Officer shall turn over to the City any impo�ding fees zeceived. R4�e City shall place sudr fees in the general f�md of the City. C. If a rabies vaccination is required and the owner cannot produce proof that the aninal has had a rabies vaccination within the preceding two (2) yeazs, the Animal Control Offioer shall vaccinate such dog or other ani�l for rabies as a condition of release to the owner. The animal's owner shall pay to the Animal Control Offioer the oost of the i.mmmization. D. 7Y�e Animal Control Officer shall be paid by the animal's owner the cost of feed and care for each day the animal is confined in the �}lyf� �'—'"a=l ?ia�tet- 3. Unclaimed 7mpoimded Ani�ls. Any animal which is not claimed within five (5) days after having been ingaoimded, including Simdays or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section 35.71. If not so Leguested and claimed, the animal may be sold for not less than the a�ciau�t of the total charges accrued against the animal in acoordance with the provisions of this Chagtec. All sums ceceived by the Animal Control Offioer, ��e� h coGt o eed a*+� �re and a31y vacc'�nations or 'nn.,n; -atiorL a�nistered to t►� a�i„�1, shall be renitted to the City and placed into the general f�md of the City. Any anim3l which is not claimed by the owner, a lioensed eduwtional or scientific institution or sold, shall be painlessly put to death and properly disposed of by the Animal Control Officer. Zhe ti.me of sale or other disposition of the animal shall be at least 120 houss after notice has been given to the animal's ownet by the Animal Control Offioer. RY�e provisions of notification to the owner do not apply when the ownec cannot be zeaso�hly ascertairied. 101.11. ANII�4�L BPiLTS, Q[JARANrIt� 1. Any person knowing of a hu�n being bit by a dog, cat, racoon, skunk or other species susceptible to rabies shall iimnediately notify the Animal Cantrol Offioes or Police Departne�t. Ah�enever such an aninal has bitten any pereon, the o�wnet or custodian of the animal, ji�7f�yf� Jd¢¢yf �f = ' nQ so notified by the Animal Control Officer or the Police Department, shall i�nediately cause said animal to be quarantined at the City of Fridley contract K�yfyf¢X 1Cp(¢,i�X,� an.'_�i she�*_a* or at a licensed veterinary hospital or kennel for a period of fourteen (14) days after such person has been bitten. During the quarantine period, said animal shall be kept under 40 observation to determine its condition and if it is found to be sick or diseased, the operator of the quazantire facility shall imrediately report in writing to the Police 1�epartrnent and the fYidley Anun31 Control Officer, the mrditi� of the anim3T. Zl�e Ani�l Crntrol Offioer shall then take necessary steps to determine if t]�e animal is suffering fiom rabies. 2. Au uig the quasantine peziod the animal shall not be ienoved from the desicp�ated quarantine facility except by special written permission from the �sota Livestock Sanitary Board and the Fcidley Animal Control Officer. �e awner of an aninal shall be responsible for the cost of quarantine. The quarantine iequiied by this section shall not be necessaty and the requirements shall be waived if the custodian n or�w ,nP* of the animal, immediately upon 7l¢¢�� RSX j� 1�X�� 1`¢X¢��¢$ X� 3�7�¢ II4tific?t;on ta n;� or t+Pr a��.r.�i has bittP� s�cone, presents to the Animal Control Officer or Police De�attment, the ceztificate of an authorized veterinarian that the ani�al was vaccinated for rabies on a date not less than two (2) years prior to the date of �1� l��X�¢¢ the bittina. Such animal so exempt shall be quarantined on the prenises of the owner, �mder strict control, for a period of foutte� (14) days for the purpose of observation for symptcros of disease. �e Anim31 Control Offiaer is authorized to conduct a mid-term and terminal exa�nination of the animal. 3. It shall be imlawful foz any person,.othet than an Animal Control Officer, to kill or destroy any ani�l fo�uid rimrung at large in the City. No Animal Control Officet os othez person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quacantine and the diac�osis of cabies made. 101.12. VICIOUS ANII+�d� ,3o pecson shall keeg or allow to be kept ��iX�S¢¢ in the City any anim31 of a vicious character, habit or disposition or any animal wild by nature. Any dog " o� othe� anima]. shall be deaned to be vicious upon the occutzence of two (2) bites within 365 calendar days except those occurzing in defense of the owner ',r the o�wnec's p�opecty. Upon oomriction foc the violation of this section, he Court may in addition to irdposition of sentence, direct the Aninal Control Dffioer to take the ani�l in question into custody and focthwith dispose of S. � �� 1� � i� F�l`�R`L'1� 1�1� � ��X7� �� R�� 101.13. OOMIPLAIIdtS Any person oanplaining to the Police Department that an animal is allegedly r�ning at large or otherwise oonstituting a danger or nuisance shall identify himself or herself upon request and shall make every reasonable attempt to assist the authorities in identifying the animal and its owr�er or custodian. 101.14. MJZZLII� Whenever the pzevalence of hydrophobia renders such action necessary to pcotect the public health and safety, the Mayor shall issue a proclamation ardering every person owning or keeping �f � n n'm�l �-ce�tihle to rab'lEG to oonfine it securely on their premises unless it is muzzled so that it oannot bite. No person shall violate the procla�nation, and any urmuzzled dog running at large during the time fixed in the proclamation shall be 41 imnediately put to death by the Aniirel Cantrol Officer without notice to the wrer. 101.15. 1�2u�[S 1. License Requireo�t. No person shall kezp or maintain a kennel in the City except upon obtaining a kennel lioense consistent with the zoning requizenents of this Coc3e. 2. Lioense Application. Application for a kennel lioense shall be made on forms prwided by the City. Such application shall oontain the following information: A. Location, m the prenises, of the kennel. B. Location of sttuctures for housing the dogs and/or cats. If the dogs and/or cats are to be kept primarily witiiin the hcme or other building of the residence of tYie applicant or of any other person, the application shall so state. C. 7Y�e maximun rnm�ber of dogs, cats or any combination thereof, to be kept on the prenises. D. The distance of any do9 runs or housing for dogs from any building structures suitable for himan habitation, or a public place where food is bought, stored or eaten. This distance shall be a minimun of 200 feet. E. �e prenises for any keeping of dogs shall be fenced and a simple plan showing the location of fencing shall be furnished. The fencing must be of such quality � Y� an� s�� t�t it wi�7 contain the dogs and/or cats. F. Method to be used in keeping the prenises in a sanitary condition. G. Method to•be used in keeping the dogs and/or cats quiet. H. An agreenent hy the applicant that the prenises may be inspected by the City at all reasor►atzle times. 4. Issuance of License. The City shall have discretion in determining whether or not to issue a lioense. In making sud� determination, the City shall take into vonsideration the adequacy of the housing, the runs foi the animals, the method used for sanitation, the method used to keep the animals quiet, the facilities for containing the animals and with particularity any violations during the pcevious license period. 5. Ilenrel Lieense Fee. 'Ihe annual lioense fee and exgication date shall be as prwided in Chapter 11 of this Code. 42 6. Lioense Revocation. If a license is granted and the applicant thereafter fails to comply with the statenPSts made in tl�e application or any other oonditions reasonahly imposed, or violates any other provisions of this Chapter, the licensee shall be notified by mail and given tes (10) days to r�nedy any defects or defaults. If such condition is not renedied in ten (10) days, a hearing shall be held after at least ten (10) days mailed notice to the lioensee� and the licensee arxi all other interested parties shall be heard. If it shall appear that said kennel is not being properly maintained, the City may revoke the kennel lioense and the keeping of thtee (3y ot more dogs, thtee (3? or more cats, or any combination of three (3) oc more dogs and cats shall be i�nediately discontinued. �,�//T'J��kfX/�l�l zxi��zzn�i,��ziz��i��x��iz�i�iatir�t�rxi�i�zixx�i��zx�� !//XrXl�6/s�f6/T�.'�€E�/Xb/l�k/K6{�K/iiV�/�rG�i1�(/6t/��X�/rS��d�X�as� �t/fB��tl�ff�X/�ElIIJ/11 0l//i�Y�/t��/��/��/P�Y.�/Y�/f��X�/��/��5'/a�Yr��kJ,�6t�b'�X�f/,4N�bb'/dYf �Ne/ldt'��t��. 101.16. ANIMAL Q7N1�CI, OFFI(ER 1. Appointrnent. The City may appoint such person, persons or firm as the City may deem recessary and advisable as Anim31 Control Offioer. Such appointees shall work under the supervision of the Fridley Police Department and shall be responsible for ti�e enforoanent of this Chapter. 2, Duties. Animal Control Officeis aze authorized to enfozce the pzovisions of this Q�apter and other related ordinances, Chapters and statutes pertaining to anim�l wntrol, including the issuance of citations. 3. [filawful Acts. It shall be unlawful for any unauthorized person to break into an animal shelter, or attenpt to do so� or to take oi set free any animal taken by the Anirn�l Control Offioet in tl�e �fj,dx��f/(¢¢ fSfo c m n of this Chapter, or in any way interfere withr ��r or molest s�ch Offioet in the discharge of his or her duty �der this Cl�aapker. 101.17. GUARD DOC,S 1. Businesses located within the City and maintaining a guard dog for eecurity purposes shall post notice at the �trance to the pcanises warning of the presence of said dog. 2, Businesses maintaining a guard dog sh311 file with the City a release authorizing the police or fire departrnents to shoot said dog in an emergency situation, if necessary, in order to allow the police or fire fighters to gain acinittance to the ptenises in the perfornaanoe of their duties. 101.18. S�II� EYE DOG4 Wherevet a blind person acoanpanied by a"seeing eye" or quide dog presents himself/herself for acoamnodation or service on any public conveyance vehicle or to any cafe, testaurant, stoce oc othar place of business open to the public, it shall be �m].awful for Yhe propriator, aianager or operator of such vehicle ot glaoe of business to refuse admi�sion to the dog or secvice to the blind person. 101.19. Q3TII,TY RV ANIl�S� Mi.ru�esota Statutes 346.20 through 346.34 az e hereby adopted by reference and shall be in full fotoe and effect in the Ci:y of fYidley as if set out here in full. 101.20. RIIATIDN ZU 0'1�[t LAW �e pcohibitions contained in this (iiapter .hall be in addition to any State oc Fedezal law regatding the same oz celate�i subjects. 101.21. P�LTIFS Any violation of this Chaptez is a misdanea��ot and is s�ject to all penalties prwided for suc3� violation imder the prwi:�ions of (�apter 901 of this Code. PASSID ArID ADOPPID BY �E CITY Q�IJNCIL OF'�lE CITY OF FZ2IDLEY �ILS _ IY�Y OF , 1983. WILl �IAM J. I�E - NY�Y�R : Mf��!F 43 CITY OF FRIDLEY HUMAN RESOURCES COMMISSION MEETING JUNE 2, 1983 CALL TO ORDER: Chairperson 600dspeed called the June 8, 1983, Human Resources Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Brian 600dspeed, Robert Minton, Peter Treuenfels, Mary van Dan, Barbara Kocher Members Absent: None Others Present: Bill Hunt, Personnel Officer/Administrative Assistant APPROVAL OF MAY 5, 1983, HUMAN RESOURCES COMMISSION MINUTES: HOTION BY MR. TREUENFEIS� SECONDED BY MS. VAN DAN� TO APPROVE TXE MAY 5� 2983� EIUMAN RESOURCES COMMSSSION MINUTfiS AS h�l2ZTTEN, � UPON A VOICE VOTE� ALL VOTZNG AYS� CXAIRPERSON GOODSPESD DECLARED TXE MOTION CARRIED UNANIMOUSLY. 1. QLD BUSINESS: a. Discussion of No-Fault Grievance Procedure Comnittee - Waiver Form Mr. Treuenfels stated he had contacted several people, and three have express2d an interest in the No-Fault Grievance Committee. Two people would like some rtare information on the No-Fault Grievance Procedure. Mr. Treuenfels stated one of the persons he contacted about an interest in the committee had asked him whether somethina would be set up on the county ievel, rather than on the city level. He stated he would contact Mary Cayan to ask what is going on at the county level, what the Commissian can do to improve communication between the City and the County, and if there is sanething the County can do better than the City. He also wondered if the County gets any ca1Ts on grievances; and if they do, where does the County refer those calls? Mr. Hunt stated that regarding the No-Fault Grievance Procedure waiver form, he had given it to the Legal Intern, ,]im Phil7ips, to review. Mr. Phillips had seen no problem with tf�e document other than that a date should probably 6e added so it is really ciear when the person signs the waiver form. He stated he had not given it to the City Attorney to review, but would do so if it was the desire of the Canmission. HUMAN RESOURCES COhMISSION MEETING, JUNE 2, 1983 PAGE 2 Mr. Treuenfels stated he felt it wou7d be beneficial to have the City Attorney review the waiver form also. b. Discussion of Vo7unteer Recognition Ms, van Dan stated that the Cominission has discussed in previous minutes that because the County is beginning to get involved in developing a county-wide volunteer program, the Comnission should probably not get involved in vo7unteerism to the extent of developing a vo7unteer program, but rather to get involved in a volunteer recognition program. At the request of the Comnission, Mr. Hunt had mailed to the Commission members more information on the City of Edina's volunteer recognition program. The City of Edina has an annual all-volunteers award recognition program open to everyone. Invitations are sent out, and there is a$5 charge to everyone attending. Mr. Treuenfels stated that apparently the selection of volunteers for awards is made by an independent citizens' comnittee, and city officials and personnel do not really have any part in it. Ms. van Dan stated that if the Cortmission was interested in this concept they would have until next A�ril to plan a volunteer recognition program for the City of Fridley. They could do a lot of advertising and publicity through the comrt�nity newsletter, corrtnunity billboard, Community Section of the Minneapolis Star & Tribune, local churches, local service organi- zations and clubs. Mr. Minton stated he felt this type of program had a lot of potential, and he felt it was something the Comnission could easily handle. One of the things the Cortmission would have to do is define what parameters to set in terms of volunteers--mostly volunteers who work in government for the Citp, school district, or county, or would it be for all volunteers? He stated some organizations do have good recagnition programs for their volunteers; for example, Unity Hospital probably does. He felt such a program would really serve to promote volunteerism in the canmunity. Ms, van Dan stated she would contact Ke� Roslyn, City Manager of the City of Edina, and find out what their parameters were in recognizing volunteers. She would also find out what kinds of awards were given. Mr. Goodspeed stated he agreed with Mr. Minton and would hope they would include volunteers other than those in city government. Ms. Kocher stated recognition is the key to get volunteers� and she was in favor of this type of program. Ms. van Dan stated she would try to have a plan for a volunteer recog- nition program prepared by the August meeting. HUMAN RESOURCES COMMISSION MEETING JUNE 2 1983 PAGE 3 Mr. Minton stated there is a distinction between volunteerism and voluntarism. Voluntarism includes the concept of beinq on comnissions such as iFie Human Resources Comnission and being on boards of agencies as well as direct service. He stated he would like to include both concepts in their recognition program. Mr. Hunt stated the Canmission members had received a copy of a letter from Carolyn iverson, Yolunteer Coordinator, County of Anoka Comnunity Health & Social Services Dept., in which Ms. Iverson listed some of the volunteer opportunities ihat are going on at the County. She had also identified a few of their Fridiey volunteers. He stated this was for the Commission's inforfiation. Mr. Hunt stated there is an informa] group of people that meets monthly. He stated he has been invited to join. They are trying to identify the kinds of groups that are doing services that could use the help of volunteers; for example, The Alexandra House. c. Other Old Business: (1) Letter from the League of Minnesota Human Rights Comnissions Mr. Treuenfels stated that at the last meeting, he had agreed to draft a letter to Governor Perpich expressing the Commission's concern about the State Department of Human Rights, its caseload, and the importance of full funding to protect the rights of every Flinnesotan. He handed out copies of his drafted letter. MOTION BY MR. MINTON� SECONDED BY MS. KOCHER� THAT THIS LETTER BE SENT TO GOVERNOR PERPICH FROM THE XUMAN RESWRCES COMMISSZONSRS WITK A COPY TO BE SENT TO TXE LEAGUE OF MINNESOTA FIUMAN RIGHTS COMMZSSIONS. UPON A VOZCE VpTE� ALL VOTING AYE, CHAIRPERSON GODDSPEED DECLARED THE MOTSON CARRZED UNRNIMOUSLY. (2) Low Interest Loan Program for Barrier Removal Mr. Goodspeed stated he had contacted Doris Curtis with the Commercial Rehab Loan Program at the City of St. Paul. Ms. Curtis explained to him that the City of St, Paul doesn't have a program aimed specifically at rehab for handicapped accessibi]ity, but they have certain zones and strips of land in St. Paul that are run down, and the loans are targeted at these areas. Apparently, the way the program works is that an appli- cant goes to a bank to borrow money. Because the bank finds the applicant to be a good risk, it will give out a loan at a certain interest rate with a matching amount at a 2� interest rate from the City of St. Paul. Mr. Treuenfels stated it sounded like an interesting concept. HUtMN RESOURCES COhMISSION MEETING JUNE 2 1983 PAGE 4 The Comnission members asked Staff to obtain some information on the status of the HUD CD66 monies and to find out whether any of this money has been dedicated for the use of possible low interest loans for handicapped accessibi]ity. 2. NEW BUSINESS: Mr. Treuenfels stated he wanted to remind the Comnission members that the 12th annual meeting of the League of Minnesota Human Rights Cortmissions will be held June 17-18. He stated he was planning to attend. MOTION BY PII2. KOCHER� SECONDED BY MS, VAN DAN� TO REIMBURSE MR. TREUENFELS $32 FOR TXE COST OF APTENDING THB 12TH ANNUAL MEETING OF THE LEAGUE OF MZNNESOTA HUMAN RIGNTS CGMMISSIONS. UPON A VOICE VOTE, fouY members Voting age, Mr. TzuenfeZs obstaining, Chairpezson Goodspeed declared the motion carried. ADJOURNMENT: MOTION BY XR, MINTON� SSCONDED BY MS. KQCHER� TO ADJOURN TXE MEETSNG. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON GOODSPESD DECLARED THE JUNE 2, 1983, HUMAN RESOURCES COMMISSION MEETING AA70URNED AT 8;30 P.M. Respectfully sub 'tted, � yn Sa a Recurding Secretary CITY OF fRIDLEY HOUSING & REDEVELOPMENT AUTHORITY MEETING JUNE 9, 1983 - - CALL TO ORDER: Chairperson Comners called the June 9, 1983, Housing & Redevelopment Authority meeting to order at 7:50 p.m. ROLL CALL: Members Present: Larry Comners, Elmars Prieditis, Carolyn Svendsen, Duane Prairie, Walter Rasmussen Members Absent: None Others Present: Jerrold Boardman, City Planner Sid Inman, City Finance Direcior Dave Newman, City Attorney Duke Addicks, 930 Lumber Exchange, Mpls. Lorraine & Dan Nelson, 6080 Central Ave. N.E. Elaine & Thomas Gray, 6062 Central Ave. N,E. Gloria Wiemann, 6044 Central Ave. N.E. APPROVAL OF MAY 12 1983 HOUSING & REDEVELOPMEWT AUTHORITY MINUTES: M�ION BY MR. PRIEDITIS� SECONDED BY MR, PRAIRIE� TO APPROVE TXE MAY 12� Z983� HOUSING 6 REDEVELAPMENT AUTHORITY MINUTES. . Mr, Comners indicated that on page 14 of the minutes, in paragraph 5 and paragraph 7,"$240,000" should be changed to"$24,000". UPON A VOZCE VOTE� ALL VOTZNG RYE, CXAIRPERSON COMMERS DECLARED THE MINUTES RPPROVED AS AMENDED. ADOPTION OF AGENDA: Mr, Boardman stated the following items should be added to the agenda: Item #6: "Bid Tabulation for Demolition Project for 6339 - 6389 University Avenue N.E. and-Awarding of Bid" Item #7: "Discussion of Canmunity Credit - Presentation by Dave Newman" AlOTION BY MR. PRAIRIE� SECONDED BY MS. SVENDSEN� TO ADOPT THE A6ENDA WITX THE ABOVE ADDITIONS. UPON A VOICE VOTE, RLL VOTING AYE, CBAIRPERSON COMMERS DECLARED THE MOTION CARRIED UNANIMOUSLY. HOUSING & REDEVELOPMENT AUTHORITY MEETING, JUNE 9, 1983 PAGE 2 1. CONTINUATION OF DISCUSSION ON �OORE LAKE PETITION: �' Mr. Commers stated that continued fran the last meeting was the discussion of the Moore Lake Redevelopment District, particularly the pet#tion with respect to amendi�g the Moore Lake Redevelopment Plan to delete from it the subject properties contained in the petition, Mr. Boardman stated that after the last meeting, Mr. Newman had prepared a resolution in an attempt to work with the petitioners. If was Staff's recanmenda- tion that the HRA enter into this resolution if they so chose, Primarily, the resolution stated that the HRA will give the petitioners written notice of any aciions which deal with their properties so the petitioners can attend any meetings. Mr, Boardman stated that at this meeting, Mr, Addicks has presented a substitution for the last page of the proposed resolution. Mr. Commers stated that as he understood it, the proposed resolution as prepared by Mr. Newman, was not acceptable to the petitioners. Mr. Addicks stated that was correct. He stated he was representing the petitioners in this matter. He stated this is the third time they have appeared before the HRA and the second time on this issue. At the last meeting, along with the petitions, they showed slides of the four residences that present7y exist in an attempt to demonstrate to the HRA that the initial inclus9on of these properties in the redevelopment area was improper, Mr. Addicks stated he believed the inclusion of these properties to be improper because {1) the houses are not blighted; and (2) the argument was made by City Staff that because the lots are large and inappropriately laid out and couid accomnodate more than one residence, that in itself constituted blight under the law. He stated he disagreed with the conclusion legally. Perhaps if these houses were scattered amongst blighted houses, the City might have an argument; but because these are four nice houses isolated on the fringe of the redevelopment area adjacent to each other, he did not believe that legally there was any blight. In any event, there was no evidence presented at the public hearing about a year ago on the condition of the houses, and he felt that was a question the HRA would have to correct before they could proceed with the redevelopment of this property. Mr. Addicks stated the HRA seems to have plans for most of the areas within the other redevelopment areas. There seems to be no formal plan for redevelopment of this area. A condominium proposal has come and gone--a proposa] in which the City proposed to spend public money to subsidize luxury condominiums. The neighborhood obviously opposed that, and he felt that, no matter how good a plan there is, any type of development like that would alMays be opposed by the neighborhaod. Mr. Addicks stated the argument was made earlier informally that the HRA should probably hold off on a decision at this meeting on whether or not to exclude this property pending some plans that are going to be developed to give the people more of a clue as to what is going to happen in this redevelopment area. He was HOUSING & REDEVELOPMENT AUTHORITY MEETIN6 JUNE 9 1983 PAGE 3 convinced it was an econanic prob7em. They can plan for condos and have a nice plan saying there is going to be a luxury condominium there, but he did not know how that would ever happen. Mr. Addicks stated he did not see the sense or the need to include the petitioners' properties under such nebulous circumstances when there is really no definite proposal or even a tentative proposa7 or even any ideas on what is to be done with the property. The petitioners want to be excluded from the redeve7opment area. The resolution drafted by the City Attorney indicates that the HRA can always move to amend the redevelopment plan to include these properties whenever there are definite plans on wfiat is to be done with the property: "WNEREAS, if the 'petitioners' petition was granted, the 'H.R.A.' would still be empowered by Minnesota Statute to later amend the Moore Lake Redevelopment Plan to include the 'petitioners' real property...." Mr. Addicks stated he felt the HRA could plan what to do with the property with- out havin9 these properties included and then later when there is a more definite plan for development that the neighborhood can understand, again go through the process to include the petitioners' property. He thought the decision at this meeting to exclude the properties would not be a precedent for including it sane years from now when there is a definite proposal or plan. Mr, Addicks stated that concerning being kept informed about the proposal, no matter what action the HRA takes at this meeting, he will be writing a letter to the HRA Chairperson requesting to be kept informed by first-class mail of any agenda items concerning development, and he would expect that request to be honored. There is a case law saying a request like that should not be ignored. Out of fair- ness, he felt the HRA should keep the petitioners informed as to what is going to happen to their homes. Mr. Addicks stated they did not bring in a lot of people in an attempt to keep the meeting as simple as possible. He stated he believed sane of his clients may want to make statements, and he thought it was appropriate for them to do so. He stated if the HRA had any questions of him or his clients, they would be happy to answer those questions. Mr. Addicks stated that one other argument presented at the last meeting was the possibility of setting a precedent by letting these four homes out of the redevelop- ment district. He stated there are no other petitions before the HRA for exclusion and this has certainly bee� publicized in the newspapers so if people were interested in getting out, they would be here. Since no one has petitioned to be excluded, he did not foresee an ava7anche of homeowners coming in. He stated that for his clients, everything is nebulous and up in the air; they are not sleeping nights, and the uncertainty of this whole thing is making them physically sick, Mr. Boardman stated it has always been his recommendation and the recanmendation of the legal counsel that these properties not be taken out of the redevelopment area. They were added in under a great deal of public hearing process which went through the Planning Commission, City Council, and HRA. The Planning Commission said it met the Overall Comprehensive Plan for the City of Fridley. HOUSING & REDEVELOPMENT AUTHORITY MEETING JUNE 9 1983 PAGE 4 Mr. Boardman stated Mr. Addicks had stated that these hanes were on the fringe of the redevelopment district. He disagreed, He felt these homes are right in the middle of the overall district. One of the HRA's responsibilities in the establishment of the district was to do an overall district--not just for tfiose parcels that are excluded from the district by petition of the residents. Mr. Boardman stated Mr. Addicks had said this would not set a precedent. Mr. Boardman stated he wanted to point out that this district has been in effect for over a year, and these petitioners did not cane before the HRA with a petition until a development was pro�osed in that redevelopment district. He felt that whenever bhere is a proposal �Or development, there is the possibiiity of pecQte �etitioning to be out of the district. As long as the NRA is involved in redevel- opment, he felt they Nere going to have this situation repeated over and over again. Mr. Boardman stated he understood that this was not an easy decision for the HRA to make. If the HRA was uncomfortable with making a decision at this meeting, he would recommend a moratorium be placed on the property for further study. He stated it is easy to say that these properties can be put back into the district at a later time, but that may nct be the case. Ten years from now, there may be a problem with these hanes (the homes may have different owners. may become diiapidated, or there could be a tornado go through there). He stated the state law may change. and they may never be able to put the property back in if they would want to put it back in. Ms. Lorraine Netson. 6D80 Central Ave „ stated she was tired of hearinq the words. "might", "maybe", "I don't know". The Cit:� does not have plans or any alternate plans for this area, She stated public notices sound good, but she did not know anyone who could interpret what they meant. Nhenever she tries to get any � information, she alwdys gets the run-around. Now do they find out what is going to happen to their homes7 � Mr. Addicks stat�d he worked for the League of Cities for ten years, primarily in the area of land use and land use legislation. It seemed to him that the pians are supposed to be flexible and not be cast in iron. The plan is an on- goir,g process over a period of years. He knew the district was supposed to last another 20+ years, but during that time, the HRA is going to expand in some areas and contract in some areas. If the redevelopment project boundary remains the sar,�e for that length of time, he would be very surprised. He did not believe that taking a parcel out or adding a parcel later was going to make any difference. They are talking about a plan, not a tax increment district which is r'iuch harder to amend. Amending the redevelopment plan is a fairly simple procedure, and he HOUSING & REDEYELOPMENT AUTHORITY MEETING JUNE 9 1983 PAGE 5 could not see why the HRA was so afraid of providing more flexib'rlity in the plan. Also, he did not see the legislature changing this part �f the law which has been around for years and years. Ms. Gloria Wieman�, 6044 Central Ave., stated her husband has been in the hospital since a few days before she received the letter of this process, so she has been handling all this by herself, She stated she doesn't feel that her home and yard are blighted. She stated she understood that both Mr. Boardman and the HRA have a job to do. In the meetings she has attended, she has always appreciated the concern the members of the HRA and Staff have shown, and she wanted to thank them for that. Mr. Dan Nelson, 6080 Central Ave., stated he has a contractor interested in buying the front acre of his property for the purpose of building two nice homes. This contractor has been waiting for a decision as to whether they can continue negotiations or not. By postponing this decision, it is working an additional hardship for him. He stated he pays taxes on this land, and he cannot even se11 it, so this is sanething else the HRA should take into consideration in making their decision. Mr. Commers stated as he understood it, the petitioners would like a decision from the HRA on whether they are in or out of the district. Staff has recommended there be a moratorium for a period of six months for the purpose of doing sane further study, He was not sure if further study would make the decision any easier. Mr. Prairie stated he had a real probiem with keeping the petitioners' property in the district. He could also understand that if they delay this decision, it is a burden on the petitioners. Mr. Prieditis stated he thought a moratorium of six months would only be delaying the decision and it would not be helping anybody. He did not see them having a plan for development even within a year. He still felt that any development can work around something; it is not an absolute. If,by having the petitioners' properties in the district, it is creating so many problems for these families, he did not think they would be gaining that much by keepin9 the properties in the district. Mr. Rasmussen stated he sympathized with the homeowners. There is nothing worse than having built a home and then not know what is going to happen to it. He stated he would like to see them have some kind bf study done. Even when the district was created, he did not kaow how much study was actually put into it. Ms. Svendsen stated that Mr. Addicks had a point when he said they do not have a firm plan for this area. As a homeowner, she could understand how the home- owners felt. She stated that when they first talked about the redevelopment area, she thought there were a couple of problems that were involved with the Moore Lake area, and she did not think those problems have been solved. One was the lake itself, and the other was the traffic pattern on Old Central, particularly the intersection at Highway 65 and Old Central. It was her understanding that HOUSING & REDEVELOPMENT AUTHORITY MEETING JUNE 9 1983 PAGE 6 those problems were part of the reason why they put this area in -the redevelop- ment plan, but not in the tax increment plan, because they really didn't have any plans for developing it but wanted it in the redevelopment plan to try to remedy these two problems that still exist. Ms. Svendsen stated she would like to see more information on a timetable of when they are going to do something with Moore Lake, the street and the inter- section. Mr. Boardman stated those things won't happen until development happens--until they know what they can get into that property. Mr. Addicks stated a study sounds good in principle, but really until they have gotten development to the north, he was not sure if the HRA was going to know how they could best utilize this property or if they even want to utilize it. He did not see a study making the HRA's decision any easier or even changing the facts. By excluding the petitioners' properties, the City would have more time to do a better study. MOTION BY MR. RASMUSSEN. SECONDED BY MS TO BE CONDUCTED. Mr. Prieditis stated he still did not think they could accomplish much in six months or even a year. He looked at the northern end of the district as the main area they would like to see developed, and he saw the southern end, except for the intersection and the possibility of redevelopment of Old Central, as being of lesser importance. Mr. Prairie stated he had problems with all three of the choices: (1) leaving the petitioners' properties in the district; (2) taking the properties out of the district; or (3) delaying for six months to make a study. He did not know if he could vote for any one of those choices. Mr. Addicks stated the HRA will be putting these people through hell if they make the decision to have a study done. Ne expected a study would just say that the properties should be kept in the plan because of the uncertainties in the future. This area should be of only minor concern to the HRA. They have the whole area to the south and the area to the north to worry about developing, It seemed the HRA should let the petitioners out of the district and then maybe consider putting them back in if that is an appropriate decision based on what- ever development occurs. Ms. Lorraine Nelson stated she wanted to thank the HRA members that came to look at their home. She stated this whole situation has been very psychologically damaging to her. She used to be in good health, but since this has all happened, her health has gone down hill. She stated this lobbying is too much, and she will not wait six monihs. NO, PRAIRIE VOTE, RASMUSSEN YES� COMMERS� SVENASEN� AND PRIEDITIS VOTING COMMERS-DECLARED THE MOTION FAZLED_ HOUSING & REDEVELOPMENT AUTHORITY MEETING �UNE 9 1483 PAGE 7 MD270N BY MR. RRSMUSSEN, SECONDED BY MR. PRIEDITIS, TO APPROVE �XE' TRANSFER OF $200�000 TO COMPLETE THE FRIDLEY PLAZA PROGRAM. _ UPON A VOICE VOTE� RLL VOTING AYE� CHAIRPERSON COMMERS DECI,ARED THE MOTION CARRIED UNANIMOUSLY. Mr. Inman stated Item No. 2 was a copy of the expenses due the City of Fridley from the HRA for services rendered from Jan. 1, 1983, to April 30, 1983, in the amount of $5,442.71. Mr. Inman stated Item No. 3 was the Rent Report from Jan. 1 to May 31, 1983, as requested by the HRA. Mr. Inman stated they anticipate having the detailed expenditures for January to June 30, 1983, at the HRA's July meeting, including the audited financial report and an updated cash flow based on any payments made in the interim. Mr. Comners stated the NRA was also supposed to get some kind of breakdown from Mr. Inman with respect to projected administration and personnel costs for the HRA. Mr. Inman stated he had prepared an Hours Audit showing the actua7 hours charged including time spent at the commission meetings. It was his understanding the HRA wanted an hours audit of what had been spent in terms of staff hours. Mr. Commers stated he would like to see a budget so they can see what is being projected, how the City arrived at the numbers put into the budget for the coming year. That is the $98-100,000 allocated for administrative expenses. He would like to see how it is broken down, both historically for last year and what is being projected for tfiis year. He asked if Mr. Inman made a budget projection for the HRA. Mr. Inman stated they do not make a budget projection per se for the HRA because the law does not require it. He stated they have attempted to project based on the HRA's activity last year and the anticipated additional development north of City Hall and across the street which hasn't taken place yet. Mr. Commers stated he thought the HRA would like to see the data used in arriving at that number and those projections, so the HRA can get a feeling on how much it is costing the HRA in terms of administration dollars and whether or not there are some other types of arrangements that would be feasible in terms of staffing. Mr, Inman stated he would be happy to prepare that information for the HRA's next meeting, 5. CHECK REGISTER: MOTION BY MR, PRIEDITIS, SECONDED BY MR. PRRIRIE� TO APPROVE THE CHECK REGISTER DATED JUNE 7, 1983� IN THE AMOUNT OF $28�959.82. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON COMMERS DECLARED THE MOTION CARRIED ONANIMOUSLY. HOUSING & REDEVELOPMENT AUTHORITY MEETING JUNE 9 1983 PAGE 8 Mr. Commers stated it was his understanding that after the move, the alignment rack, the modeco air compressor, and the 300,000 BTU heating system will belong to the NRA and will remain in the 5tandard 5tation if Mr. Ryan moves. Mr. Haggerty stated that was correct. Mr. Prairie stated the HRA has been reluctant in Phase 3 to give anyone a lease over 12 years. This would be a commitment for 2 years. Was there any problem with that? Mr, Boardman stated that based on the inactivity in this area, he felt comfort- able that nothing was goinq to happen for two years and possib7� three years. Mr, Prieditis stated the HRA is paying Mr. Ryan for personal property that after two years will probably be worthless. He felt they were giving Mr. Ryan a break that they have not given anyone else, and he hoped this would not set a precedent. Mr. Commers stated what he did not like about this is that Mr. Ryan will not be paying any taxes on the facility for the two years. Mr, Newman stated he had seen this letter for the first time this evening. He would assume the motion was to approve the proposal in concept, thereby instruct- ing Staff to execute the necessary documents. The question asked by Mr. Commers about who will retain ownership of tfie personal property and some other questions should be spelled out a little more clearly. Mr, Commers stated he was assuming that by approving the concept, they were not violating any ordinance. Mr. Haggerty stated that if the HRA approves the concepts in the letter, then the StafF and City Attorney can draft the appropriate documents and proceed as quickly as possible. He was not asking them to violate any ordinance. AND MOTION Mr, Commers asked Staff to get the documents together and brinq them to the next meeting for signing. 4. FINANCIAL REPORT: Mr, Inman stated Item No. 1 was a progress billing for the Fridley Plaza. The HRA in their cash flow projection anticipated paying $200,000 in May of 1983, As of May 31, 1983, the progress billing shows $72,720 expended. He had met with Mark Burch, Assistant Public Works Director, and Mr, Burch has suggested they make the transfer of $200,000 as soon as possible because with the additional projections of the billings before the HRA's next meeting, they could be very close to that figure. 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Moore, Jr., 8301 Riverview Terrace Roma Eastwood, 7995 Broad Avenue N.E. Ken Thornton, 5571 E. Bavarian Pass Steve Butgusaim, 6160 Kerzy Lane APPROVAL OF MINUTES OF MAY 24, 1983: MOTION by Mr. Barna, seconded by Mr. Plemel, to approve the minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAZRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. VARIANCE REQUEST PURSUANT TO CHAPTER 205 OF TNE FRIDLEY CITY CODE. TO " "1� ION (Request by Star Homes Ltd., 7691 Central Ave. N.E., Fridley, !A1 55432) MOTION by Mr. Barna, seconded by Mz. Plemel, to open the public hearing. UPON A WICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:37 P.M. Chairperwn Gabel read the Staff Report: 1DMDISTR►TIYE STAPP BEPORT tA80 — �490 Rice Creek Dri�e 6.8. l. POHLIC PURPOSE SERFBD B2 BSQOIR�NS: 3�etion 205.052, ►�r reQuirea a einisum froat yard aetCacic of not leaa than LDirty-five (35) feet. Public purpoae aerved Dy thia reQuirement Sa to allow for off-atreet parkiag vithout encroaching on tAe public right of vay and alao tor aentbetic consideration Lo reduce the building 'liae of eight" encroachment into Lhe neighbor�a front �aard. H. ST►TBD SIADSSIP: 'T6e roar of the lots 6ave a Eigh vooded terrsin vLich will not allow any uaeable rear �ard. �d�acenL homes in the area have the aame or almilar problem and variances have been granted.• /: Appeals Co�ission Meeting — June 14, 1983 Page 2 � C. �D!lIIiISTAI'fII18 32'iFP RSYIBU: This request i� eimilar to the Eouae� at tA90 8 tA80 Aice Creek Drive, vAic� have gotten variances of 30 feet and 25 feet re�pectively. The conditioas here do pose s difficult problem for the yetitioner and the pnblic pnrpoae aerved by Lhe 35 toot aetback ha� been altered due Lo previous �ariancea wLich vere granted oo Lhia Dlock. ihe atatt has m� sttpuletions to add to tDls variance if the Hoard approves thia requeat. Mz. Steve Butgusaim and 19c. Ken Thornton, Star Homes, were piesent for this item. The Appeals Ca�i.ssion minntes of October 9, 1979 �+�ere referred to and Mr. Clark stated that nothing has zealiy changed to alter the physical conditions in the area. Mr. Butqusai.m said the plans for the homes were being designed and did not have a plan present. He said they will fit very nicely in the neighborhood and will utilize the lots as best as possi.ble. He furthez stated there is high terrain in the back and they will make the front yard setback even vith the homes in the area and to continue what is in the neighborhood. lLs. Gabel asked if they had buyers for the homes and Mr. But9usaim said not at the present time. Ms. Gabel stated most of the Commission members realize the problems in the azea and the other variances that have been granted; that the hardship is because of the terrain. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearinq. UPON A V'OICE VOTE, ALL VOTING AYE, CHAIRPERS6N GABEL DECS.ARED T7� MOTION CARRiED UNANIMOUSLY. MOTION by Mr. Plemel, secnnded by Mr. Betzold, to appzove the variance request to reduce the requized 35 feet, to 25 feet on Lot 1, Block 2, Heathez Hills Third Addition, the same beinq 1490 Rice Creek Drive N.E., and to reduce the front yard setback to 30 feet on Lot 2, Block 2, Heather Hills Third Addition, the same being 1480 Rice Creek Dzive N.E., to allow the cronstruction of two new dwellings on the above mentioned propezty. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRPERSON GABEL DECIARED T[� NOTION CARRIED UNANIMOUSLY. 2. VARIANCE REQUEST YURSUANT TO CHAPTER 205 OF THE FRIDLEY CITY CODE, TO LOW CONSTRUCTION OF A SCREEN PORCH ON THE SID£ OF AN EXISTINC fRi LOTS t4_ 20. 21 AND 22. BLOCiK L. RIVERVIEW HEICHTS ADDIiION . ... w y M�TION by Mr. Betzold, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VpTE, ALL VpTIN6 AYE, CHAIRPERSON GABEL D£CLARED Tt� PUBLIC HEARING OPEN AT 7:C5 P.M. Chairperson Gabel read the Staff Report: ID!lZiI3TRATIYH 3SlFF ASPORT 7995 Broad tvenue i.B. �• POHLIIC pORPOSE SBRyBD BS BBQIIZH�SL+lIS; 3�otlon 205.053r ;B, ;Ss� reauirea a einimum aide �ard ridth of 17.5 teet on tLe atreet aide of a corner lot. Appeals Co�i.ssion Meeting - June 14, 1983 Page 3 PuDlie purpoae aerved by Lhia requirment ia to eaiatein a higher degree of tratfic vialbiliLy aad to reduce LDe •line of alght" eneroachmeat into Lhe aeighbor�a front �ard. 8. ST�Tffi1 H�RDSBZP: 'Would like to Duild a ecreee porch �hlct vae:ld eYtead it feet trom Lhe exiating atructure. There ia �n undedicated street whic4 �akes the 7995 property a eorner lot. The City would like to vacate the atroet; however I vould like Lo uae the porch this summer.• C. �DlSI11IS2'R�TIYE 3TiPF RE9I8Y: ihia property ia located on a corner aub�ect only to dedicated right of �ay. Dover Street, eaat of Broad, vill not be improved because of tAe differencea in grade between atreet aurfacea. �lthough the right of vay eake� this property a coroer lot and therefore requires additional aetback, the publlc purpose aerved by t6e requirement doea not apply Lo this property. There ia ne atreet traftic vhich vould require viaiDillty. T4e property to the eest is oa Lop of Lhe hill and ia not affected b:• the "line of aight" eacroachment. Tbe ataff has no ntipulationn to add to thia variance if the Board ayproves Lhia request. Mr. Clark zeported that the Staff Repozt pzetty much explained everythin9. Mr. Plemel asked if there was anything in the works of vacation. Mrs. Eastwood said she did not know of any. Mr. Clark presented the plans for the 3-season porch and said it will not be seen from the street and seets the building code. Mr. Plemel asked what would happen if the street were vacated and Mr. Clark said theze would be no en- croachment. ttr. Plemel asked if the porch would be living quarters and Mrs. Eastwood said no, it would just be a porch. MOTION by Mz. Betzold, seconded by Mr. Barna, to close the public hearing. UPON A VOICE VOTE, ALI. VpTING AYE, CHAIRPEI2SON GABEL DECLAT2ED T!� PUHLIC HEARING Q.OSED AT 7:50 P.M. Mr. Barna noted that there will probably not be a street going in there and even if there was a street, there would be no interference and Ms. Gabel noted that the public purpose would still be maintained. MOTION by Mr. Barna, seconded by Mr. Betmld, to aQprove the variance zequest to zednce the requized side yard on a corner lot flam 27.5 teet to 10+ feet to allow construction of a screen porch on the side of an existing structure on Lots 19, 20, 21, and 22, Block L, Riverview Heights Addition, the same 5eing 7995 Broad Avenue N.E., Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, Ci"v;IP?f.�="ON GABEL DECLARED Tf� MOTION CARRIF',D UNANINpUSLY. 3. CHAPTER 205 OF THE ON A CORNER LOT F .E., Fridley, 2IIi 55432) A. Hoore Jr., E OT: APpeals Con�ission Meetin4 — June 14, 1963 Page 4 ` MOTION by Mr. Plemel, secon3ed by Mr. Sarna, to open the public hearing. UPON A VOSCE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 7:55 P.M. Chairperson Gariel zead the Staff Report: �:f1Z3TR►iYYB SitFrF S6PtlRT b3�4 �Ssareier Tsrraos :.E. �, POBLIC PORPOSB SEMED BS EEQUIRSl�AT: 3eotion 205•053. ��. �Sa, raQvires : ainimum side yard widtd of 17.5 feet oc the etreet aide of a coraer lot. Public purpose served Dy tCia requirement Sa to saintain a higher degree of traffic viaibility and Lo roduce the "line ot aight* sncroschment into the neighbor`� front �ard. B. ST�TBD 81RDSHIP: •Exinting �ing2e ear garage raa Duilt 21.5 feet from the aide property line. In order to obtain a txa car gacage (20' z 22') sncroachment of Y feet into the required aide yard ia nece�aary.• C. ADMSAISTRATIYE STIFF HEYIBY: The original houae van built ia 1968 with a aingle ntall garage. liith the adoption of the aex Zoning Code, the City ia encouraging the development of double car garages and in fact require dou6le car garagea �ith nex house Construction. Thia ahould De promoted wltttiA the limitation� of tt�e aetback requlrements :nd the public purpoae aerved. In thia esae, Riverviex Terrace, nortb of Simball Street, la a dead-end road and only aerves as acces� to three residenees and does not generate a high amouni of traffic vAere visibility would be • prnblem. The house directYy ea�t ot this ➢raperty is �et Dack at 12.4 feet and therefore dots nc+t aufSer trom cncroachmeat vitb ihe expaneion as per this reqaest. T6e statf �as ao aLipvlaLions to add to thia variance if the Board approves tAis requeat, NOTE: This property ia outside of the Flood Plaia, Mr. Clark presented some photos of the area and said that, regazding the "line of sight" encroachment, you would have to be almost in front of the house to see anythinq. Ms. Gabel noted there aze a lot of trees in the area and asked if the trees and teleghone pole are a problem. Mr. Moore said he didn't see any problea�s and the trees are vezy helpfnl during winter snowstozms. He said he presently has a 14' X 22` gazage and would like a double garage to keep the additional car off the street and the extension would be either 6 or 8 feet. He said he is getting estimates and somebody else will be doing the work. Ms. Gabel asked about the roof lines bei.ng tied in. Mr. IAoore it will look like part of the original structuze. , A�peals Co�issioa Meeting - June 14 1983 Paae 5 TlOTION by Mr. Barna, seconded by Mz. Ple�nel, to close the public hearing. UPON A VOICE VOTE� ALL WTING AYE, CHAZRPERSON GABEL DECIARED THE PUBLZC HEARING Q.OSED AT 8:00 P.M. Mr. Sarna had no objections to this variance and the trees block the view. Mr. Plea�el said there is a need for a double qarage and noted this is a dead-end street. !lDTION by Hr. Betzold, seoonded by Mr. Bazna, to approve the variance request to reduce the zem�jred side yard on a corner lot from 17.5 feet to 13.5 feet to allow construction of an 8-foot addition to existing garaqe on Lots 12, 13, and 14, Hlock O, Rivesviev Heights Addition, the same being 8301 Riverview Terrace t3.E., Fridley, Minnesota. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLHRED Tf� MOTION CARRIED UNANZMOUSLY. 4. RE�UEST FOR VARIANCE PURSUANT TO CHAP1'ER 214 OF 'IHE FRIDL£Y CISY CODE, TO INCRFASE TNE SIZE OF A FREE SI'ANDING SIGt. FROM THE MAXIMUM OF 80 SQ. FT. TO 371 SQ. FT.; TO INCREASE 'fHE HEICHT OF QNE FREE STA,\DI\C SIC`: FROM THE TO 24 SO. F7.: AND TO DECREASF THF SFTRACK FR(1Ft 8t[:t7T- ROAD N.E. (Request by Yikir St. N.E., Fzidley, !Qi 55432) es PeughJ, MOTION by Mr. Barna, seconded by Mr. Plemel, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GASEL DEQJIRED TF� PUBLIC HEARING OPEN AT 8:03 P.M. Chairperson Gabel read the Staff Report: �DMIIISTR�TIYB S7APF ABPORi T501 Yiron Aoad N.B. �. P4SLIC PORPOSE SBRYBD B2 BHQDIRP?IENT: 3ectioa 21A.0�6. H2, limita a tree atanding aign to a mazimum aize of �ighty (80) Dq�er'e feet per development. PuDlic D�'Do�e served Dy thin requi�ement Sa to control viaual Dollution and ezceaaive size of signs in oommercial areas. Sectioa 21A.0�6, 83� limits tLe iasimum height of a tree atanding aign to tventy-five (25) feet above tinished ground level. Yublic purpo�e aerved by thia roquirement Sa to eeatrol visual Dollution aad e:cea�ive heighta of ai�s la oommercial areas. Sectioa 21�.032r D1, liaita s directional slgn to a sazimum of four (4) aQuare feet per facing. Public purpoae aerved 6y tdis requiremeat ia Lo control viaual pollution and ezcesaive aize of slgns in aommercial areaa. Ssetion 214.032, D2, roQutres a directional si� to a minimum ten (70) feet from atreet right of wy. Public purpose aerved bq this reQuiroment !a to provide adequate open areas along puDlic right of rays to inaure viaibility tor �otoriats. r Appeals Co�ission 1�Seeting — Jtme 14 1983 pa Q g H. SlITSd A�RDSHIP: C. •The preseat elgns are obaolete and the cost of refurDishing rrould be prohibitive. Chevrolet Motor Division, aa part of our Dealer Sales anC Service Agreement, 6as asked us to SnaLll GH identlfication aigns to De compatible with tEe rest of their GH dealers". STIFP ASPIBV: The ezi�ttng free atanding aign ia 343 aquare feet and is 35 feet high. This ra� originally in�talletl an June f�, 1y65 and used Lo advertize Edison Mob11e Homes. ifflea Viking Chevrolet purchased the property, they repalnted LDe eign vSth thelr asme and product. At Lhis Lime, Viking Chevrolet, at the request of General Notors, waats to erect Lvo (2} nex atandard Dealer Identificatfan aigns and remove the ezistiag Pree atanding aign. The new Identificatioa� sSgns wi12 have a total aign area of 371 aquare feei with one (1) eign being forty-aeven (47) feet high and t6e other Deing thirty-aiz {36) feet high, 9lkiog alao vlahea to erect L�o (2) 1'9• = 6'S" (ePprozimately 7 aquare feet) directional aignn to ittfors cuetomers where tde body nhop and aervice departments are located. The aeven (7) aquare feet is three (3) eore than tbe maximum allowable of four (A) aquan teet. In addltion, Viking has an aziating 2' s 12' (twenty-four (24) aquare feet) directional aign Lhat i� only two feet off t6e right of xay. This aign xas erected without a aign pe�it. Approval of a variance to iacrease the maximum alloxaDle aign area from trenty-four aqvare teet, and a variance Lo permlt a eign two feet from the right of vay instead of tLe permitted ten feet rould allov Lhe ataff to issue a algn permit. In eddition, there are aeveral eigns painted directly on the Duilding and instead of applying for a variapce to allow this, Viking CAevrolet has agreed Lo paint over these aigis. Finally, 9lkiag C�evrnlet ha� indicated that they vill be reconditioning all of the eziating aign�. : Ms. Gabel noted there were several vaziances and they should stazt wi[h the first two free standing signs. Mr. Clark presented aerial photos of the area which showed the general location of tFie si9ns they ase xequesting and said the directional sign is on Fireside Drive, a haI£ �lock off Highkay $65. Mr. Peugh (Signcraftezs) said one free standin9 sign is for the �rporation I.D. ior Chevrolet and the other is foz Trucks, 15' X IS' and 12' 2t iY'. Se said he talke8 to GM about the signs and they do make a 42' sign. Ks. Gabel said she could understand about the GM mrporate I.D. sign and asked abovt the Truck sign. Mr. Peugh said @1 wants a Truck sign. He said their present sign is about 35 feet and they asked for a 47 foot sign but ihey can get a 42 foot sign. Ms. Gabel stated that (�1 is awaze that cities have sign cades and asked if they are aware how much they are out of code. Mr. Peugh said they are aware. Mr. Plemel asked if the squaze footage would change if the sign vere lower. Mr. Peugh said it would remain the same. He said the sign would be interior lit stainless steel and the rnncrete would be covered vith metal. Ms. Gabel asked why they want to go from 25' to 47' and 25' to 36'. Mr. Peugh said that is what C3�f stated and the dealer does not have much to say about it. Ms. Gabel said she was sure they would cut it down if they have to and that when she worked on the sign co�ittee they found out that corporations Would cut down siqns because of all the different city codes. . � ,` , CITY OF FRIDLEV COhMUNITY DEVELOPMENT COhP1ISSI0N MEETING JUNE 14, 1983 CALL TO ORDER: Chairperson Oquist called the June 14. 1983, Community Development Cortanission meeting to order at 7:35 p.m. ROLL CALL: Members Present: LeRoy Oquist, Ken Uos, Carol Fassett, Louis Schmidt Members Absent: A1 Gabel Others Present: Mark Burch, Asst. Public Works Director APPROVAL 9F MRY 10 1983 COM+IUNITY DEVELOPMENT COMMISSION MINUTES: MOTION BY DR. VOS, SECONDED BY MR. SCHMIDT� TD APPROVE THE MRY ID� 1983, COMMUNITY DEVELOPMENT COMMISSION MZNUTES AS WRITTEN, UPON A VOICE VOTE� ALL VOTING AYE, CXRZRPERSON OQUIST DECLARED TNE MOTION CARRIED UNRNIMOUSLY, - � 1. ELECTION OF CHAIRPERSON AND VICE-CHAIRPERSON FOR 1983-84: Chairperson Uquist declared the nominations open for chairperson. Mr. Schmidt nominated LeRoy Oquist to continue as chairperson. Hearing no other naninations, Chairperson Oquist declared the nominations closed. MOTION BY MS. FRSSETT� SECONDED BY DR. VQS� TO CAST R UNRNTMOUS SALIAT FOR LEROY OQUIST AS CHAIRPER50N OF TNE COMMLINITY DEVELOPMENT COMMISSION FOR THE YEAR Z483-84. UPON A VOICE VOTE� AlL VOTING AYE� CHAIRPERSON OQUIST DECLARED THE MOTION CARRIBD UNANIMOUSLY. Chairperson Oquist declared the nominations open for vice-chairperson, Ms. Fassett nominated A1 Gabei for vice-chairperson. Hearing no other nominations, Chairperson Oquist declared the nominations closed. s COIdMUNITY DEVELOPMENT COMMISSION MEETIN6, JUNE 14 ]983 PAGE 2 MOTZON BY MS. FASSETT� SECONDED BY MR. SCHMIDT, TO CAST A UNANIMOUS BALIAT FOR AL GABEL AS VICE-CHAIRPERSON OF THE COMMUNITY DEVELOPMENT COMMZSSION FOR THE YSAR ,Z983-84. , UPON A VDICE VOTE� ALL VOTING AYE� CNAIRPERSON OQUIST DECLARED THE MOTION CRRRIED UNANIMDUSLY, 2. DISCUSSION OF CHAMBER OF COMMERCE INTERACTIONS: Mr. Oquist stated he felt the discussion at the last meeting with Bill Kirberger, President-Elect of the Chamber of Commerce, and Kerry Vah Fleet, Executive Director of the Chamber of Commerce,went very well. Both seemed very responsive and anxious to estab�ish a better liaison between the City and the Chamber of Corrmerce. Mr. Oquist stated he thought one of the first things the Comnission should do is designate someone fran the Comnission to be a]iaison to the Chamber, This person should be willing to work with Ms. Van Fleet and attend the monthly Cham6er luncheon meetings, if possible. He stated he felt it was important to keep the momentum going. Mr. Oquist stated possibly one of the first things the Comnission could do jointly with the Chamber of Commerce would be the preparation of a brochure which wou7d iay out city zoning requirements, licensing requirements, sign requirements, etc. At a later time, maybe they could jointly sponsor a seminar and discuss the town meeting concept. Mr. Oquist stated that if the City Counci] feels they wou]d �ike to discuss any of this further with the Conmission, the Cortmission members would be willing to discuss it with them at a conference meeting, Ms. Fassett stated she would be willing to be the Commission liaison to the Chamber of Commerce and attend the monthly meetings. MOTZON BY DR. V0.S� SECONDED BY MR. SCNMIDT� TO DESIGNATE CAROL FASSETT AS THE COMMUNITY DEVELOPMENT COMMISSION TO ATTEND THE MONTHLY MEETINGS� AND TO RECOMMEND TNRT ALL LUNCNEON RND CHILD CARE EXPENSES BE PRID FOR OUT OF TXE COMMUNITY DEfJE7APMENT COMMISSION BUDGET. UPON A Vp2CE VOTE� ALL VOTZNG AYE� CHATRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Fassett stated she would contact Ms. Van f7eet that week and inform Ms. Van Fleet of her appointment as liaison to the Chamber of Commerce 3. OTHER BUSINESS: Mr. Oquist stated the Commission should probably start some discussions again about "truth-in-housing".and should try to find a speaker who is opposed to truth-in-housing. At the April 12, 1983, meeting, Mr. Boardman had stated he felt a lot of realtors object to the program because they feel it is a waste of the homeowner's time and really doesn't mean anything. Mr. Oquist stated they should r1. i COMMUNITY DEVELOPMENT COMMISSION MEETING JUNE 14 1983 PAGE 3 try to get a speaker for the July meeting. He stated he would talk to a realtor friend and see if he could get a name of saneone who wauld be willing to speak to the Comnission. Mr. Oquist asked Staff to provide the Cottmission members with a copy of the May 11, 1982, Commission minutes in which Bob Lines of the Minneapolis Inspec- tion Department spoke to the Coiranission in favor of the program. They should also have copies of any brochures on the program and the inspection checklist. ADJOURNMENT: MOTION 8Y DR. VQS� SECONDED BY MS. FASSETT, TO AA70URN THE MEETING. UPON A VOZCE VOTE� ALL VOTING AYE� CNAIlZPERSON OQUIST DECLARED THE JUNE 14� I983� COMMUNITY DEVELOPMENT COMMISSION MEETZNG ADJOURNED AT 8:30 P.M. Respectfully su itted, � L� Ly Saba Recording Secretary ��S` r' � %� !� '' CITY OF FRIDLEY rtJl i, r � PLANNING COMMISSION MEETING, JUNE 22, 1483 Chairwoman 5chnabel called the June 22, 1983, Planning Commission meeting to order at 7:38 p,m, ROLL CALL: Members Present: Ms. Schnabel, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Mr, Saba, Mr, Goodspeed Members Absent: Mr, Oquist Others Present: Jerrold Boardman, City Planner James Pawelski, 7701 East River Road, Apache Camping Center Mary Martin, 133 Stoneybrook Way N,E. Donald Wehlast, D. W. Construction, Inc., 8804 Lexington Ave. New Brighton Mr. & Mrs. Chester Schack, 685 Glencoe St. N.E. Allan Matson, 6270 Riverview Terrace Mr. & Mrs. F. C, Smith, 8141 Riverview Terrace ApPROVRL OF JUNE 8 i483 PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MS. GABEL� TO APPROVE THE JUNE 8, I983� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTZNG RYE� CHRIRWOMAN SCHNABEL DECLAAED THE MOTION CAR.RIED UNANIMOUSLY. l. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP �{83-03, APACHE C PING CENTER: Per Section 205.101, 3, N, of the Fridley City Code, to amen Spec7a Use Permit SP #77-04 to allow sales and service of recreational vehicles, on Lot 7, B7ock ], Pearson's Second Addition, the same being 7701 East River Road. MOTION BY MR. SABA� SBCONDED 8Y MR. XONDRICK� TO OPEN THE PUBLIC HEARING ON SP #83-03 BY APACHE CRMPING CENTER. UPON A VOICE VOTE� ALL VOTING AYE� CNAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:39 P.M. Mr. Boardman stated the Commission members had received in the agenda all the background information on this special use permit request. He stated Apache Camping Center is located on the corner of East River Road and 77th Ave. N.E, Mr. Boardman stated Apache Camping Center is requesting an addition to the special use permit to allow for the display of six units. In the agenda, there is a considerable amount of correspondence between Apache Camping Center PLANNING COMMISSION MEETING, JUNE 22 1983 PAGE 2 and Kent Hill, Economic Development Assistant, dating back to 198i. In a letter to Mr. James Pawelski dated June 78, 1981, which listed the stiputations on Special Use Permit, SP #77-04, Mr. Soardman referred to the following stipulations: a. That the development of the property be generally consistent with the plat plan submitted by Apache Camping Center, corrected to show two concrete slabs adjacent to the showroom. b. That the landscaping be improved subject to the approval of City staff, with showroom visibility acceptable to the tenants and adjacent neighbors. (Mr. Boardman stated that a very extensive site plan was done at that time. It was approved by the Planning Commission and City Council with concurrence of the neighbors. That p]an �as not been completed to the stipulation of the special use permit.) e. That there be the maximum of two units (one on each concrete slab located adjacent to the showroom) displayed in front of the sfiowroom. (Mr. Boardman stated this is where Apache Camping Center is request- ing a change in the special use permit.) g. Any unsightly storage be stored at the rear of the property (behind the building). Mr. Boardman stated that one of the stipulations in the old special use permit was that there be a maximum of two units located in front of the showroom on the slabs. As the Commission members remembered, this site used to 6e a pool center, and the pool center had slab areas. Mr. Boardman stated that on March 30, 1983, Mr. Hill sent a letter to Mr. Pawelski about the non-compiiance of city code. A reply was received from Mr. Pawelski on April 12, 1983, in which Mr. Pawelski referred to Item (e) of the specia7 use permit stipulations and talked about requesting an amendment to the original special use permit to display more than two units in front of the showroom. There was no mention in the letter about the landscaping or the other items discussed in Mr. Hiil's letter. Mr. Boardman stated he was somewhat concerned about the lack of compliance to the special use permit and felt that, if anything was granted to Apa�he Camping Center, there needs to be assurances that these issues are going to handled. Ms. Schnabel asked Mr. Pawelski if he would like to make any statements to the Comnission. PLANNING COMMISSION MEETING JUNE 22, 1983 PAGE__3 Mr. James Pawelski stated he is part owner of Apache Camping Center. He stated he had to admit that they have not done the landscaping as required by the special use permit, Regarding Item (e) that there be a maximum of two units displayed in front of tfie showroom, the units that are now on display were not in existence at the time they requested the special use permit in 1977. The Park Model is sanething new in tfie industry and has been out for only 3-4 years. It is a unit that is not to be pulled. It is primarily set on a lot, either an owned or rented 7ot, and it is a cabin- type unit. 7he reason for requesting the amendment to the special use permit is because these Park Models were not in existence in 1977 and because they do not have enough room for the units in the other part of the lot. He stated the display models are left up, and the buyer chooses the interior decorating, and the manufacturer builds to the buyer's specifications. Then in the fall, the units that are on display are sold at a reduced price. They pick up their new units in November, and in January when the camping show starts, they display the new units up front. Ms. Gabe7 stated that use permit which were things were not done. in 1977, certain stipulations were put on the special expected to be done. She did not understand why these Mr. Pawelski agreed they should have gone to the Planning Comnission and City Council earlier to ask for an amendment to the special use permit because of the new units, but they just did not do it. The other main item was the ]andscaping, and it was true they were in non-compliance with that stipulation. They started putting units out in front,and he honestly did not feel he should landscape and then cover the iandscaping with units, If they have to put in the landscaping with the permission to put in more units, he supposed they would have to landscape around the units. But, he stated,the units vary in size every year. . Mr. Boardman stated the majority of landscaping was not in. Most of the landscaping that needs to be done is the street riaht-of-way along 77th. The whole purpose of the landscaping was for screening of the back area where the units are stored. There is no berming and no screening on the fence. The whole thing in Item (a) was "that the development of the property be generally mnsistent with the plat plan....corrected to show two concrete sTabs adjacent to the showroom". As he remembered it, the plan was for the filling of the old pool arza, leaving two slab areas for display areas. The tandscaping itself does not necessarily mean in front of the units but close to the showroom itself. This has not been complied with. Mr. Pawelski stated Staff is talking about landscaping on 77th Way. They have had people who have driven by and seen the units through the fence and have come back and made a purchase. As far as unsightiy units in the back, there are two trucks that do not belong to Apache Camping Cen#er, The trucks belong to the landlord. PLANNING COMMISSTON �EETING; JUNE 22 1983 PAGE 4 Ms. Schnabel stated it appears there really are three display areas that have been created by these slabs. She did remember back in 1977 about the filling in of the pool area, but, in all fairness, the drawing shows that as an available site. Mr. Boardman stated it was very clear in the discussions in 1977 that the pool area would be removed and that there would be only two concrete slabs for display. Even though there is an area where the pool used to be, it does not mean that is a disp7ay area. Ms. Schnabel asked if there was anyone in the audience who wished to address this subject. Ms. Mary Martin, 133 Stoneybrook Way N.E., stated she did not feel Apache Campin9 Center has complied with anything other than the fact that they do not sell snowmobiles, do not have loud music, and do not have lights on late. Over the years, Apache Camping Center has had canoes in front, small trailers in front, portable signs in front, and propane gas signs on the cyclone fence. Every time there is a camping show or any show that pertains to their business, they have a great big sign that goes up and stays up for several weeks. Ms. Martin stated one of the reasons the neighbors stopped fighting and agreed to have the business in this location was because of the stipulations that were put on the special use permit--that there would be only two display areas in front and that the place would be kept neat. She stated the area has not been kept neat. Right now on the south side, she believed there were three large units in front, three large units nosing into the front where there used to be Russian Olives. On the north side, there is a unit nosing into the front that has a sign that says "wide load", She did not see why the property has to be made worse than it already is. She felt Apache Camping Center shou7d be made to comply with the stipulations they now have. Apache Camping Center has not comp7ied over the years,and she doubted if they complied after the first six months. She did noi want to see the whoie front area covered with trailers. Ms. Martin stated she strongly recommended that the Planning Commission deny this special use permit, and that Apache Camping Center be forced to compiy with the special use permit now in effect or that that special use permit also be revoked. She stated it was her understanding that the special use permit issued in 1977 was supposed to come up for review by the City in three years. To her know7edge, there has never been a review, and it is now six years later. She stated Apache Camping Center is"tacky". She is living across the street from something that is tacky, and the neighbors were pro- mised that this would not happen and that Apache Camping Center would comply and live with the rules put upon them, Mr. Pawelski stated he agreed with Ms, Martin, but they are also in business. The signs that are put up for the shows are for advertising. This is part of doing business. He admitted they were wrong by not coming to the City when PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 5 they put up the Park Models without approval from the City for additional display space. He stated they are struggling to make a living and the bills have to be paid. Since 1977, a lot of things have changed. Ms. Martin stated that what has not changed is the fact that peop7e are stitl living there. It is still her home and her neighborhood. Mr. Kondrick stated he felt that Apache Camping Center has just simply out- grown its space. Mr. Pawelski stated, yes, they have outgrown their space, but they cannot just pick up and move. Moving is very hard for br�iness. If this specia7 use permit is not granted, he will obviously havE to move units off and start looking for another location. When they original}y requested a special use permit in 1977, they were primarily a tent.camper dealer selling 90 tent campers a year. They now sell approx. 20 tent campers a year because people are not buying the tent campers. They are now selling the Park Models which are $16-25,000 each. Ms. Martin stated she wanted to remind the Planning Commission that six years ago whan the special use permit was granted, the Planning Commission was ready to refuse it. The reason the Planning Commission did decide to approve it was because the neighbors said that because of the promises made by Apache Camping Center, they would be good neighbors and let Apache Camping Center come in. The City Council also was ready to refuse the special use permit even after the Planning Commission's recommendation, but because the neighbors said they would a11ow it to come in because of the promises made, the City Council also approved the specia7 use permit. If it had not been for the neighbors,the special use permit would have been denied. She did not think the neighborhood now should be put down because Mr. Pawe7ski's business is too big for this location. She realized Mr. Pawelski had to make money. She was not against business, but she was certainly for her own neighborhood and her own living space. Mr. Svanda stated that if all the stipulations from 1977 were complied with by Apache Camping Center, how would Ms. Martin feel about the parking of six trailers? Ms. Martin stated she would be against it, because the site looks like a trailer park now. The business is just plain tacky and the neighbors were promised it wouldn't be. Six trailers in the front is only going to make it look tackier. Mr. Svanda stated the worst thing in this whole issue seemed to the fact that Mr, Pawe7ski showed bad faith by not putting in the landscaping. Mr. Saba stated maybe there is some kind of compromise that can be reached regarding the landscaping, Maybe the landscaping should be done, and then Mr. Pawelski should reapply for this special use permit after the land- scaping is done. PLANNING COMMISSION MEETING, JUNE 22, 1983 PAGE 6 Ms. Gabel stated she did not see that as a satisfactory solution. She stated she was on the Planning Commission in 1977, and she had a lot of reservations about the special use pemit at that time. The only reason she voted for the special use permit at that time was because of the stipu- lations and the agreement by Apache Camping Center that the stipulations would be met. Six years have gone by and those stipulations have not been met. She had no reason at this point to believe that to approve another special use permit with more stipulations with some landscaping was going to change anything, If anything, it might make the situation worse. She appreciated the fact that Mr. Pawelski's business has outgrown the location; but she did not feel that was the neighbors' fault, and they should not be expected to bear the brunt of it. Mr. Saba agreed, but stated if there was any way Mr. Pawelski could satisfy the neighbors, which seems to be the biggest problem, and sti71 stay in business in this location, he would be all for it, However, he would like to see some changes made before the approval of this special use permit. Maybe Mr. Pawe7ski should meet with the neighbors and work this out to their satisfaction. Mr. Svanda stated he liked Mr. Saba's idea about making Mr, Pawelski put in the landscaping before the Planning Commission considers this special use permit any further. Ms. 5chnabel stated she could appreciate the suggestion of the Apache Camping Center's owners meeting with the neighbors, but they met with the neighbors a lot in 1977 and still nothing was done. To say Mr. Pawelski has to meet with the neighbors now would probably only be delaying something further. It is really the City's role and responsibility to see that a land- scaping plan is executed. It is not the ro]e of the neighbors. Mr. Boardman asked Mr. Pawelski if he would be willing to work with the City on a landscaping pTan. The City would require 100� letter of credit against the entire landscaping. Mr. Pawelski stated he really had no choice but to do that. He asked if he could have at least 3C days to reshuffle his units and take five units off the slabs. Ms. Schnabel stated they would give Mr. Pawelski a reasonable length of time for removai of tfie units. Ms. Martin stated that if the idea was that by having the landscaping done, Apache Camping Center could have more trailers in front, she was tota7ly against it and would fight it. She did not want more trailers in front, That was the biggest thing the neighbors didn't want, Mr. Saba stated what he was thinking about was a landscaping plan that would prohibit the display of any more than a fixed number of trailers. PLANNING COMMISSION MEETIN6 JUNE 22 1983 PAGE 7 Mr. Kondrick stated he drives by this property every day and knows the property pretty well. If Apache Camping Center was to adhere to the original landscaping plan, even "fudging" a bit, there was no way they could operate and do business the way they do now. Mr. Svanda stated that is why he would like to see the landscaping plan developed before they even consider this special use permit any further to see if it can even work, Mr. Pawelski stated he wanted to comply in any way possible to maintain his business. MOTION BY MR. SABA� SECONDED BY MR. GOODSPEED� TO CLOSE THE PUBLIC HEARING ON SP #83-03 BY APACHE CAMPING CENTER, UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HERRING CLOSED AT 8:41 P,M. Ms. Gabel stated that having been at the previous Planning Commission meeting in 1977 when this all happened, she was really concerned because this special use permit with stipulations was issued. The big concern was the two big slabs out front, and the neighbors agreed to go aTong with the special use permit based on those two big slabs. They were very concerned about there being a larye number of trailers parked out front. She understood that Mr. Pawelski has outgrown his location, but when the decision was based on that predication, she had a real difficulty even considering increasing the display units. She felt the City has some responsibility to live up to the special use permit that was granted in 1977. Mr. Saba stated he knows what has happened between 1977 and now with the economy and the gas crisis. It has to be a tough business to be in. He stated he would like to see an agreement on a landscaping plan made with the City, have that plan presented to the neighbors and discussed with them. Before the granting of any special use permii, he would like to see the stipu7ations satisfied and the landscaping completed. Mr. Kondrick stated that neither Mr. pawelski or his partner have complied at all with the special use permit issued in 1977. More than that, the promises made to the neighbors were broken. He understood Mr. Pawelski's position, but he was in business today because of the neighbors. He stated he lives in that area, and this area has always looked tacky, He stated he wanted to see these stipulations complied with, and he would be against the approval of this special use permit. Mr. Goodspeed stated he would agree there was no bargaining over the land- scaping. That should be done without question. No good faith has been shown by Apache Camping Center, and he wou7d like to see some good faith shown before they even consider this special use permit. PLANNING COMMISSIO� MEETING, JUNE 22, 1983 PAGE 8 MOTZON BY MR. KONDRICK, SECONDED BY MR. GOODSPEED, TO RECOMMEND TO CITY COUNCIL DENIAL OF SPECIAL USE PERMIT REQUEST� SP #83-03, BY APACHE CAMPING CENSER: PER SECTIDN 205.102, 3, N� OF THE FRIDLEY CITY CODE, TO AMEND SPECIAL USE PERMIT SP �77-04 TO ALIAW 5ALES AND SERVICE OF RECREATIONAL VEHICLES ON IA2 Z� BLOCK I, PEARSON'S�SECOND RDDITION,�SHE SAME BEING 7702 ERST RIVER ROAD. Mr. Boardman stated that by denying the special use permit, there is a three-letter process that will take place in enforcing compliance. If he doesn't comply, the City can tag him, The other alternative is that the City Counci1 has the ability to remove the special use permit which would eliminate the business in that location because the special use permit is for outside display of units. Mr. Saba stated this woutd not prohibit Mr. Pawelski fram complying with the stipulations made in 1977 and then reapplying for this special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CHRIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated this would go to City Counci] on July 11, 1983. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #83-04; BY DONALD WENLAST D. W. CONSTRUCTION, INC,: Per Section �1-5�(4), to allow the construction of a new dwel ing in CRP-2 zoning on Lots 27, 28, 29 and 30, Block S, Riverview Heights, the same being 8125 Riverview Terrace N.E. MOTION BY M5. GABEL� SECONDED BY MR, SABA� TO OPEN THE PUBLIC HEARING ON SP N83-04 BY DONALD WEHLAST� D. W. CONSTRUCTION. UPON A VOICE VOTE� ALL VOTING RYE� CHAIRWOMAN SCHNABEL DECLIIRED THE PUBLIC HEAR7NG OPEN AT 8:57 P.M. Mr. Boardman stated this property is on Riverview Terrace in the flood plain and requires a special use permit. It also requires fill to be placed on the site. In 1979 there was an application for a special use permit and a variance. This property has two 50' lots and the request at that time was for zero lot line, two units, one on each lot with a lot size variance, The variance was denied so the special use permit was withdrawn. Mr. Boardman stated this request is by D, W. Construction, Inc., for one house on both lots so there would be 100 ft. of lot with one house. It does meet the requirements as far as setbacks as far as the flood p7ain in the sense that the garage and living space meet flood plain regulations. The one concern ie the drainage. The people proposing the development and the City Engineers feel the drainage is workable if done correclty; however, Staff still has some concern. If this specia7 use permit is approved, the stipulation he would recommend was that an engineered drainage plan be submitted PLANNING COMMISSION MEETING, JUNE 22 1983 PAGE 9 with a letter of guarantee that the drainage will 6e sufficient and, if not, wil7 be corrected. One of the proposals they are looking at for drainage is to drain 9nto the slue where water drains right now. Staff's recommendation on that would be that they would either want an easement for drainage or some kind of drainage directTy from the lot to the river. Mr. Boardman stated that other than the drainage, it is a good plan. There wiil be a requirement of a small retaining wa17 because of the 15 ft, fill requirement, and that has to be worked out with the inspectors. Ms. Schnabel asked if Mr. Don Wehlast of D. W. Construction had any comments regarding drainage. Mr, Wehlast stated he has had engineers and excavators out there, and they have said the natural drain is to the north. Ne has been told he would have to have a culvert under the driveway to get the water to drain to the north. Ms. Schnabel asked if there were any questions from peopie in the audience. Mr. Chester Schack, 687 G7encoe, stated he was very concerned about where the water is going to go. Mr, F. C, Smith stated he owns the house just north of this lot, 8141 Riverview Terrace. He stated this is a lovely house and will be an asset to the neighborhood. He was concerned about the water draining through his front yard. If they could put a culvert under the street and drain the water to the river, that would be great. Mr. Boardman stated this is why a drainage plan has to be worked out and agreed to by all the parties concerned. MOTION BY MR. KONDRICK� SECONDED BY MS. GABEL� TO CLOSE THE PUBLIC HEARING ON SP #83-04 BY DONALD . WEHLAST� D. W. CONSTRUCTION� INC. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECL�IRED THE PUBLIC HEARING CLOSED AT 9:22 P.M. � MOTION BY MR, KONDRICK, SECONDED BY MS, GABEL, TO RECOMMEND TO CITY COUNCIL APPAOVRL OF SPECSAL USE PERMIT REQUEST� SP HB3-04� BY A�NALD WEHLRST� D, W, CONSTRUCTION, INC.: PER SECTION 205.1.574� (4)� TO ALLOW THE CONSTRUC- TION OF A NEW DWELLING IN CRP-2 ZONING ON LOTS 27� 28� 29 AND 30� BLOCK S� RiVERVSSW HEIGHTS� THE SAME BEING 8125 RIVERVFEW SERRACE N.E,� WSTH THE FOLLOWING STIPULRTZONS: � 1. R WORKABLE D12AINGE PLAN BE DEVELOPEA, 2. RETAINING WALLS BE PART OF THE DRAINAGE PLAN� PROVIDED.THEY ARE REQUIRED FOR DRAINAGE, UPON R VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING JUNE 22 1983 PAGE 10 Mr. Boardman stated this item would go to City Council on July 11. 3. CONTINUED: REVIEW OF A PROPOSED E- Ms, Schnabel stated this item would be continued until sane clarification was received on State Law. 4. RECEIVE JUNE 2, 1983, HUMAN RESOURCES COMMISSION MINUTES: MOTZON BY 1�II2, GOODSPEED, SECONDED BY MR. KONDRZCK� TO RECENE THE JUNE 2� 1983, HUMAN RESOfIRCES COMMISSION MINUTES. UPON R VOICE VOTE� ALL VOTING AYE� CHAIRWOMRN SCHNABEL DECLARED THE MOTION CARRZED UNANIMOUSLY. 5. RECEIVE JUNE 9, 1983, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR, SABR, SECONDED BY MR. GOODSPEED� TO RECENE THE JUNE 9� 1983, HOUSZNG 6 REDEVELOPMENT RUTHORZTY MINUTES. Mr. Saba stated the decision made by the HRA to relocate Mr. Ryan in the Standard Station property rent-free for 24 months really bothered him. He felt it was a very bad precedent for the City to take, and it should never ha�pen. Ms. Gabel stated she agreed. Mr. Boardman discussed the reasoning behind such a decision and stated that the HRA has a lot of very difficult decisions to make and has to weigh all the factors that enter into the redevelopment process. UPON A VOICS VOTE� ALL VOTING AYE, CHAZRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE JUNE 14, 1983, APPEALS CONMISSION MINUTES: MOTION BY MS. GABEL� SECONDED BY FII2. KONDRICK� TO RECENE THE JUNE ,I4� 1983� APPEALS Q�MMISSION MINUTES. UPON A VOICE VOTE� ALL YOTING RYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTSON CARRZED UNANZMOUSLY. 7. RECEIVE JUNE 14, 1983, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTZON BY MR. SABA, SECONAED BY MR. GOODSPEED� TO RECENE THE JUNE 14� 1983� COMMUNITY DEVELOPMENT COMMISSION MZNUTES. UPON A VOICE VOTE, ALL VOTING AYE� CXAIRWOMAN SCHNABEL DECLARED TXE MOTION CARRIED UNANINOUSLY. PLANNING COMMTSSION MEETING, JUNE 22, 1483 PAGE 11 ADJOURNMENT: MOTION BY hII2. GOODSPEED, SECONDED BY MR. SABR, TO AA70URN THE MEETING, UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECIJIRED THE JUNE 22, 1983� PLANNING COMMISSION MEETING ADJOURNED AT 10:00� P.M. Respectfully s mitted, / LyitiYie Saba Recording Secretary PLANNING COMMISSION MEETIN6, JUNE 22 1983 PAGE 3 Mr, James Pawelski stated he is part owner of Apache Camping Center. He stated he had to admit that they have not done the landscaping as required by the special use permit. Regarding Item (e) that there be a maximum of two units displayed in front of tfie showroom, the units that are now on disp7ay were not in existence at the time they requested the special use permit in 1977. The Park Model is something new in the industry and has been out for only 3-4 years. It is a unit that is not to be pulled. It is primarily set on a lot, either an owned or rented ]ot, and it is a cabin- type unit. The reason for requesting the amendment to the specia] use permit is because these Park Models were not in existence in 1977 and because they do not have enough room for the units in the other part of the lot. He stated the display models are left up, and the buyer chooses the interior decorating, and the manufacturer builds to the buyer's specifications, Then in the fall, the units that are on display are sold at a reduced price. 7hey pick up their new units in November, and in January when the camping show starts, they display the new units up front. Ms. Gabel stated that in 1977, certain stipulations were put on the special use permit which were expected to be done, She did not understand why these things were not dane. Mr. Pawelski agreed they should have gone to the Planning Comnission and City Council earlier to ask for an amendment to the special use permit because of the new u�its, but they just did not do it. Tfie other main item was the landscaping, and it was true they were in non-compliance with that stipulation. They started putting units out in front,and he honestly did not feel he should landscape and then cover the landscaping with units. If they have to put in the landscaping with the permission ta put in more units, he supposed they would have to landscape around the units. But, he stated,the units vary in size every year. . Mr. Boardman stated the majority of landscaping was not in. Most of the landscaping that needs to be done is the street right-of-way along 77th. The whole purpose of the landscaping was for screening of the back area where the units are stored. There is no berming and no screening on the fence. The whole thiny in Item (a) was "that the dev€lopment of the property be generally consistent with the plat plan....corrected to show two concrete slabs adjacent to the showroom". As he remembered it, the plan was for the filling of the old pool area, leaving two slab areas for display areas. The landscaping itself does not necessarily mean in front of the units but close to the showroom itself. This has not been complied with. Mr. Pawelski stated Staff is talking about landscaping on 77th Way. They have had people who have driven by and seen the units through the fence and have come back and made a purchase. As far as unsightly units in the back, there are two trucks that do not belong to Apache Camping Center, The trucks belong to the landlord. PLANNING COMMISSION MEETING, JUNE 22; 1483 PAGE 10 3, Mr. Boardman stated this item would go to City Council on July 11. ORDINANGE ADOPTING A NEW Ms, Schnabel stated this item wou7d be continued until some clarification was received on State Law. 4. RECEIVE JUNE 2, 1983, HUMAN RESOURCES COMMISSION MTNUTES: MOTION BY MR. GOOD5PEED� SECQNDED BY MR. KONDRICK� TO RECEIVE THE JUNE 2� 2983� HUMAN RESOURCES COMMISSION MINUTES. � UPON A VOICE VQTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANSMOUSLY. 5. RECEIVE JUNE 9 1983 HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION BY MR. SABA, SECONDED BY MR. GOODSPEED� TO RECEIVE THE JUNE 9� 1983, HOUSING & RE➢EVELOPMENT AUTHORITY MINUTES. Mr. Saba stated the decision made by the HRA to relocate Mr, Ryan in the Standard Station property rent-free for 24 months really bothered him. He felt it was a very bad precedent for the City to take, and it should never haapen. Ms. Gabel stated she agreed. Mr. Boardman discussed the reasoning behind such a decision and stated that the HRA has a lot of very difficult decisions to make and has to weigh all the factors that enter into the redevelopment pracess. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRISD U7JANZMOUSLY. . 6. RECEIVE JUNE 14 1983 APPEALS COMMISSION MINUTES: MQTION BY MS. GABELr SECONDED BY MR. KONDRSCK� TO RECENE THE JUNE 14� I983� APPEALS COMMTSSION MINUTES, UPON A VOICE VOaE� ALL�VOTING AYE, CHAIRWOMAN SCHNABEL DECZ.ARED THE MOTION C�IRRIED UNANIMOUSLY, 7. RECEIVE JUNE 14 1983, COMMUNITY DEVELOPMENT COMMISSION MINU7ES: MOTION BY MR. SABA, SECONDED BY hIl2. 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