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PL 07/13/1983 - 6818City of Fridley il6EN�DA PLANNING COMMISSION MEETTNG WE�NESDAY JULY 13, 1983 CALL TO ORDER: ROLL CALL: APPROYE PLANNING CAMMISSION MINUTES: JUNE 22, 1983 1. LOT SPLIT REQUEST: L.S. #83-03, BY LESLIE L. WILKE: Split off the northerly 75 feet of Lots 11 and 12, Block 2, Moore Lake Hills (6061 Gentral Avenue N.E.) to make a new building site, the same being 6063 Ce�tral Avenue N.E. 2. 3. RELEIVE PARKS & RECREATION COMMISSION MINUTES: JUNE 20, 1983 4. RECEIVE ENERGY COMMISSION MINUTES: JUNE 28, 1983 5. RECEIVE APPEALS COMMISSION MINUTES: JUNE 28, 1983 6. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES: 7. OTHER BUSINESS: ADJOURNMENT: 7:30 P.M. PAGE 1 - 11 12 - lb 17-28 GREEN ORCHID YELLOW BLUE CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 22, 1983 CALL TO ORDER: Chairwoman Schnabel called the June 22, 1983, Planning Comnission meeting to order at 7:38 p,m. ROLL CALL: Members Present: Ms. Schnabel, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Mr. Saba, Mr. Goodspeed Menbers Absent: Others Present Mr. Oquist Jerrold Boardman, City Planner James Pawe9ski, 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 �errace APPROVAL OF JUNE 8, 1983, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRZCK, SECONDED BY MS. GABEL, TO RPPROVE THE TUNS 8� I983, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOZCE VOTE� RLL VOTSNG AYE� CHAIRWOMRN SCHNABEL DECLRRED THE MOTSON CARRIED UNRNIMOUSLY. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP �83-03 APACHE MPING CENTER: Per Section 205,101, 3, N, of the Fridley City Code, to amen Specia Use Permit SP �77-04 to allow sales and service of recreational vehicles, on Lot l, Block 1, Pearson's Second Addition, the same being 7701 East River Road. MOTION BY MR. SABA� SECONDED BY MR. KONDRICK� TO OPEN THE PUBLIC HEARING ON SP �83-03 BY APACXE CAMPING CENTER. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC XEARING 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 3 Mr. James Pawelski stated he is part avner of Apache Camping Center. He stated he had to admit that they have not done the landscaping as required by the special use permit. Regardin9 Iten (e) that there be a maximum of t two units displayed in front of the 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 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 lot. and it is a cabin- type unit. The 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. Ne stated the display models are left up, and the buyer chooses the interior decorating, and the manufacturer builds to the buyer's sQecifications, 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. 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 done. 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 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 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 dane 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 developrrent of the property be generally mnsistent with the plat plan....corrected to show two concrete s1aGs 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 1983 PAGE 4 Ms. 5chnabel 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 ail fairness, the drawing shows that f as an availab7e 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 poo] used to be, it does not mean that is a display area. Ms. Schnabei 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 Camping Center has complaed 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 should 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 not want to see the whole 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 comply 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 knowledge, there has never 6een a review, and it is now six years later. She stated Apache Camping Center is"tacky". She is living across the street fran 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 PLANNIN6 COMMISSION MEETING, JUNE 22, 1983 PAGE 5 they put up the Park Models without approval fran 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. f Ms. Martin stated that what has not changed is the fact that people are still living there. It is stiTl 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 bi�3iness. If this special use permit is not granted, he will obviously havF to move units off and start looking for another location, When they originally requested a s�ecial use permit in 1977, they werg 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 wha_n the special use permit was granted, the Planning Commission was ready to refuse it. The reason the Planning Comnission 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 Comnission's recommendation, but because the neighbors Said they would allow it to come in because of the promises made, the City Council also approved the special use permit. If it had not been for the neighbors,the special use permit would have been denied. She did not think the neigh6orhood now should be put down because Mr. Pawelski'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 trailers2 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 wouidn't be. 5ix 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, Pawelski 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 Ms. Gabel stated she did not see that as a satisfactory solution. She stated she was on the Planning Comnission 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 still 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. Schnabel 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 responsibi7ity to see that a land- scaping plan is executed. It is not the role of the neighbors. Mr. Boardman asked Mr. Pawelski if he would be willinq to work with the City on a landscaping plan. The City would require 100k 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 30 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 removal of the 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 totally 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 rtrore than a fixed number of trai7ers. PLANNING COMMISSION MEETING, 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. SAiiA� SECONDED BY MR, GOOASPEED� TO CLOSE THE PUBLIC NERRSNG ON SP �83-03 BY APACHfi CAMPING CENTER. UPON A VOICE VOTE� ALL VbTING AYE� CHAZRWOMAN SCHNABEL DECLARED TNE PUBLIC HEARING 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 along with the special use permit based on those two big slabs. They were very concerned about there being a large 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 rea7 difficulty even considering increasing the display un%ts. 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 permit, he would like to see the stipulations 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 would like to see some good faith shovm before they even consider this special use permit. PLANNING COMMISSION MEETIN6 JUNE 22 1983 PAGE 8 NOTZON BY MR. KONDRICK, SECONDED BY MR. GOOASPEED� TO RECOMMEND TO CITY COUNCIL DENIAL OF SPECIAL USE PERMIT REQUEST� SP �83-03� BY APACHE CRMPSNG CENTER: PER SECTION 205,10I� 3� N, OF THE FRIDLEY CITY CODE, TO RMEND SPECIAL USE PERMIT SP �77-04 TO ALIAW SALES AND SERVICE OF RECREATIONAL VEHICLES ON LOT 1� BIACK Z� PEARSON'S SECOND ADDITION� THE SAME BEING 7701 EAST RSVER 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 Council 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 would not prohibit Mr, Pawelski from complying with the stipulations made in 1977 and then reapplying for this special use permit. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCHNABEL DECLARED THE MOTION CRRRIED UNANIMOUSLY. � Mr. Boardman stated this would go to City Council on July l7, 1983. 2. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP �i83-04, BY DONALD WEHLAST, D. W. CONSTRUCTION, INC.: Per Section 0�5�(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. MOTION BY MS. GABEL, SECONDED BY MR. SABA� TO OPEN TXE PUBLIC HEARING ON SP N83-04 BY DONALD WEHLAST� D. W. CONSTRUCTION. UPON R VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCNNABEL DECLARED 2HE PUBLSC HEARING 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 ]00 ft, of iot with one house, it does meet the requirements as far as setbacks as far as the flood plain 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 sane concern. If this special use permit is approved, the stipulation he would recomnend was that an engineered drainage plan be submitted PLANNING COMMISSION MEETIN6 JUNE 22 1983 PAGE 9 with a letter of guarantee that the drainage will be sufficient and, if not, will be corrected. One of the proposals they are looking at for drainage is to drain into the slue where water drains rigfit now. Staff's f recommendation on that would be that they would either want an easement for drainage or some kind of drainage directly from the lot to the river. Mr. Boardman stated that other than the drainage, it is a good plan. There will be a requirement of a small retaining wall 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. He 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 people in the audience. Mr. Chester Schack, 687 Glencoe, 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. MOTZON BY MR. RONDRICK� SECONDED BY MS. GABEL� TO CLOSE THE PUBLIC XEARING ON SP k83-04 BY DONALD .WEHLAST, D. W. CONSTRUCTION� INC. UPON A VOICE VOTE, ALL VOTZNG RYE, CXAIRWOMRN SCHNRBEL DECLARED THE PUBLIC HEARING CIASED AT 9:22 P.M. MOTION BY MR, KONDRICK� SECONDED BY MS. GABEL, TO RECOMMEND TO CITY COUNCZL APPROVAL OF SPECIAL USE PERMZT REQUEST� SP N83-04� BY A�NALD WEHLAST� D. W. CONSTRUCTION, INC.: PER SECTZON 205.1574, (4)� TO ALLOW THE CONSTRUC- TZON OF A NEW DWELLING SN CRP-2 ZONING ON LOTS 27� 28� 29 AND 30� BLOCK S� Xd�ERVIEW HEIGHTS� THE SAME BEING 8125 RIVERVIEW TERRRCE N.E.� WITH THE FOLLOWING STIPULATIONS: 1. A WORICABLE DRAZNGE PLAN BE DEVEIAPED. - 2. RETAINZNG WALZS BE PART OF TNE DRAINAGE PLAN� PROVSDED TXEY ARE REQUIRED FOR DRRINAGE. UPON A VOZCE VOTE� ALL VOTING AYE� CHAZRWOMAN SCHNABEL DECLARED TXE MOTION CARRIED UNANIMOUSLY. PZANNING COMMISSION MEETING, Jl1NE 22, ]983 PAGE 10 3. � Mr. Boardman stated this item would go to City Council on July 11. 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 Mlt, GOODSPEED� SECONDED BY M2. XONDRICX, TO RECENE TNE JUNE 2, 1983, HUHAN RESWRCES CONMISSZON MINUTES. UPON A VOICE YOTE� ALL VOTZNG AYS� CHAIRWOMAN SCNNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. . -. 5. RECEIVE JUNE 9, 1983, HOUSING & REDEVEIOPMENT AUTHORITY MINUTES: MOTION BY MR. SABA, SECONDED BY HR. GOOASPEED� TO RECENE THE JUN£ 9� 1983, NOUSING 6 REDEVELOPMENT AUTHORITY XZNUTES. � 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 happen. 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 a11 the factors that enter into the redevelopment process. UPON A VOICE VOTE� ALL VOTSNG AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE JUNE 14 1983. APPEALS COM�IISSION MINUTES: MOTZON BY MS. GABEL� SECONDED 8Y M2. KONDRICK, TO RECENE 2HE JUNE 29, 1983� APPEALS COMMISSION MINUTES. UPON A VOICE VOTE. ALL VOTING AYE� CHAIRWOMAN SCNNRBEL DECLARED THE MOTZON CARRTED UNANZMOUSLY. 7, RELEIVE �UNE 14 1983, COMMUNITY DEVELOPMENT COMMISSION MINUTES: lIOTION BY NR. SABA, SECONDED BY M2. GODDSPEED� TO RECENE TXE JUNE 14, 1983, COMMUNITY DEVELOPMENT CC1!lMZSSION IYINUTES. UPON A VOZCE VOTE� ALL VOTING AYE� CNAZRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UXRNIMOUSLY. . PLANNING COMMISSION MEETING JUNE 22 1983 PAGE 11 ADJOURNMENT: MOTION BY MFt. GOODSPEED� SECONDED BY MR. SABA, V ICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL P NING COMMISSION MEETING ADJOURNED AT 10:00 Respectfully s mitted, Ly e Saba Recording Secretary TO AA70URN TNE MEETING. UPON R DECZARED THE JUNE 22� I983, P.M. . � . t. ; . , , i2 • C{TY OR FAIOLE�I. SuHJECT � � swa+ u�wv¢ws�rr �vi. �. LOT SPLIT LS i ��0 3 sw�cx.iv. ww. osau N�.sss-a+se RECOROED• ADDRESS:�an (o� �}.i.f ; 7Q �4 L ��1�' • - a?E� ,�J s � MJ11011NG COM�ISSI011: MPROYED _ DISAPPROYED DATE NU Ci7Y COIMCII; APPROYED GISAPPROYED_ DIITE NO PARK fEE REQUIRED: _�s _ AMWNT �.S�o PAID STIPULATIONS: ' � ��S��O �/. ���.e FEE ��. QJ RECEIPT NO 9�/� PROPERTY ONNER(S) L�-°S�iP I� l✓���-G TELEPHONE NO.��i /�`i� bv�Po/�y C� Gt//L��L TELEPHONE N0�'7/ �`�y`�✓ ADDRE55 PROPERTY LOCATION ON IEGAL DESCRIPTION Of � TOTIIL AREA OF PROPERTT ��,wo-� ��' PRESENT 20NING /��_ REASON FOR LOT SPLIT o O � � ��� . i `_ � ��� �{'r' �.' , . �, _ . r�-��.�C.n�l:.r 7� � .,-�' �� 5 1/+�lZ h',jk ? %Yi.�t-: �."�' /�i��fs The undersigneQ�hereby seclares that all the facts and representations stated in this apptication are true and wrrect. atE: � � 3 s� NOTICE: A sketch of the property and the proposed lot split rith any ezisting struc- tures shown should accompany this apptiation. ' (See reve�se side for additionat instructions) 19II1 POLICY $TATE(4E�r'T OP+ PARK FEE$ �g ON LAND SUEDIVISION ' Date In determining fair market value of public areas for land subdivision for cash payment, as required by Ordinance 633, the following values will be used: Residential subdivision �1,000.00 per lot Residential lot split 5 500.00 per lot Commercial/Industrial subdivision or lot splits b D.O15 per sq. ft. 7his fee is to be paid at the time of final plat or lot split approval. The City Council may defer collection to the time a building permit is requested for individual lots created by such subdivision/lot split. The City retains the option to accept an equivalent amount in cash from the applicant for part or all of the portio�� required to be dedicated. PARK FEE AGREEMENT The undersigned understands that according ta the City Platting Ord'nance, the following public park land dedication is required to plat residential, commercial or industrial zoned property. It is further understood tha± the public park land dedication or cash payment equivalent is at the discretion of the City. It is agreed that a cash payment of $ 5 Op o" will be paid according to the above stated policy for the following su ivision/lot split. It is agreed that the following land dedication is provided according to the above stated policy for the following subdivision/lot split: Dedication: Subdivision/lot split: The undersiqned further aarees to notify all future property owners or assigns of the cash pa:�m�nt requirenent, if it is to be collected at the time of building permit. DATE 0084A/lOG7A SIGPJATUP,F Property Owner PJ � t� n � ic' � � ? � � r > c �b I � I�- � �,�,� _ L.S. #83-03 Leslie L. Wi1ke � O P W � � %��.� .__ .14 � ___ _.__IYC.b�/_LaT__G•.`G ---- . .----.__.. . - i ��s 'oV 0 h L ca . 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( i � � � r - % ' 15 ` 3SiA � • :• } � '.�l�► �! � •�, r 4 4�G 11St � v �0 I 1: N_ 1 • ' � � � j.r, stirw �%>6 ��'-"'" �i �RIV � M • • R57 �1S7 y�s �s� Ili1 11�9 � {� � � � �'�3 s � �E � � 1���1A�' , i' � � � - � _ .. �i _ �n s s r �iri� �.fYA�� / ♦!�+ w�.11► � - •��. � . � %� , : �f � �` � � � �?. � � ��� � ,�'i ,� M � 1 SS 1 / � � � »� ��� �r u " ��'I M i � M � w 1�� � � `� r �,�`� . s iuo �s�t r�i��� � �'� . J � _ya�__' ' � . . �� •�. 'L'QL�4N � y�}� n.n.�i i�e � • s =_�'Y�' M � Z� � �• G AROS� N� • �1� 131� ��� , :f ti �' b�. / /•/ DE �C qp �51 (�ser) I .,� �� y1� � U . • y I uR � �! , , �. � • • , �� � .{��3 ��� \� � � 1!s y Ril itfl �� : :„ . • r • o�.r u�� '.. - � -.�' __—:�I- � ---�.\-- --�Frr��rA�1�f7G �lyi -yY- . ..�� ._. -��'�: . . !G/!\'. .- •' _ ..� . � 1 ��-ir-+�. lo io�a ua u+� • s � •�_ 1 1 � r s • rr � � , I� + � ! � L:S. �83-03 Leslie L. Wilke 16 N � O ' � � � � � . �'. !t" o �_� N - V � �' \ ��t y � ;:��- � ; �� N Z z o ' �, � 0 1 .� , . �_ 0 0 s N h � .s;r. I i 17 �t'DI�4N(8 LO. _._. - 1983 �•.� �^ . �• �r� i: : r •:� . `s• � � : � : i •• Y'.�' - 'U ' ;A" ' 1: � � •; � • 1 :il :� •Y' �i 1Y'.• / :n Y : � •� • Y'.i. :�� 1 1?� 1 � :11 '� :� : P�1. �' ril" ' 11 :� M �11:' 1: 1;1: 1' : 1 1• . '14iE O�[JNCII, OF 7�iE CITY OF FRIALEY DOFS �IN AS F'OLI�WS: 101.01 DEFIIQITICJAlS • RY�e follaring definitions shall app2y in the intetpretation and application of this C7�apter and the following words and terms, wherever they occur in this Q�apter, are defined as follows: 1. Animal. �� � living creabure Px ,p� ►+P h �++�n racp ��X�¢ �� �6�X�• 2. Anim31 Control Officer. Any individual designated by the City to enforce the provisions of this Q�apter, including all City police offioers. 3. Animal Shelter. Any prenises desic�ated by the City for the purpose of impounding and caring for animals held under the authority of this Chapter. The facility may be owned by the City or may be a contracted shelter service. 4. Ani�ml Tag. A tag provided to irciividuals who are issued a peimit to maintain an animsl. 5. Cat. My animal of the feline species. 5. ruP� t�or Rb �r _ � c 3S� aniss�o; or ney�P�* wherebv �nnecessary or uni�stifia�le �in m,ffPrinp O bOth S�11 � C? � ed oi Dec7tutted_ 7. Do9. My aninal of the canine species. 8. Renrel. Any place where three or more dogs, three or more ca*s o nv combination of thr� oc more dt�G a*+� c?� aze kegt on the same ptanises. A fr�h littec of •�o or kittens �y�,pt for a���od of six f61 months hefore beina � �z rec7 in t1,z t?rm;�tion of �t�r or not a kennel exis� 9, Livestock. Horses, cattle� goats, rabbits, sheep and fowl. 10. P�xmit. �e authority to keep an animai �� X}Se/ ¢�fy(�i!¢ �¢¢��¢¢ within the City of EYidley. 11. Pet Shop. • Any person, paztnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species. 12. Veterinary Hospital. Any establishment maintained and operated by a licensed veterinarian for the dia�osis, �� and treatment of diseases and injuries of aninals. 101.02. W1I,D ANIl+Il4I6 AAID BIItD6 It shall be �mlawful fot any pecson to h�mt, take, shoot, trap, kill� inju�e or attenpt to injure any wild anim3l within the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. This prohibition, � however, shall not prevent piopecty owners ot theit agents fzom eradicating rodents on their propecty rh,_,�+r ygh h� of -raDS ���ons or other SLCh l�til +fwanc. ' 102.03. LIVFS'10(IC COITiRC(. � �, 1. License RequicenPnt. 10 person shall engage in t2�e ke _ivestock within the City limits of �license to do so. �/E�(,�R1/J�i1X�/f�¢ �1�¢1'!'fi (Ref. 86) _. License Procedure. , raising, feeding or caring for ev without first having obtained a A. A license to keep livestock shall be 9ranted only after written application, signed by the applicant, and filed with the City. The applicatior. shall state the applicant's full name and address and contain a complete description of the livestock to be kept as to kind and number and a��¢�'y�,�¢}'��yf s�,..plan of the pr�nises showing the adjoining propecty, fence lines and livestock housing facilities, ? 8. Zhe Camcil, in oonsideri.ng whether a license should be granted, may , considei the nature of the livestock, the possible effect on adjoining , praperties, the fence lines, the housing facilities, the santitation wntrol and the effect on the general health, safetv and welfare of the City. �I3 19 3. Lioense Fee. �e annual license fee and expiration date fot a livestock license shall be as prwided in Chapter ll of this Code. 4. Manure Renoval. Persons who keep animals within the City &hall not allow any odors which are oifensive to the people inhabiting the City such that they constitute a ��;� -c �iaf;ned 'n Ch3nter 110 entitled "�ybliC NuiG�n_ce" of the Gitv _�� Organic matter shall not be allowed to accunulate for more than one (1) week at a time. Haaevet, ozganic mattet shall be rsnoved more often than one (1) time per week if it is necessary to eliminate any odors *h t ��nstitute a �� �1-��^� . 5. Housin9. Proper housin9 in the form of barns, coops or hutches shall be provided in any area whete livestock ace permitted to roam. Such housing shall be adequately fenced to insure that the livestock remain on the owner's premises. When livestock ace kept in an atea that abuts or adjoins a iesidential atea on whici� 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 An'mal nn ol Officer of the City shall, at any teasonable time, be permitted upon the prenises where livestock are kept for the purpose of ireking inspection to determine compliance with this Chapter. 101.04. DOG ODNJRQ. It shall be imlawful for any person Qigh�,�n (i8) �b rs of aqe or older or for the parests ot guaidians of any person imdez eighteen (18) years of age who owns, harbors or keeps a dog to allaa such dog to run at large in the City. 2l�e age of the dog is izrelevant imdez this Section. 101.05. ANIISAI� NU7.SF1tJCE Fbr tYie purpose of this Cnapter, an FI�� �t` �l�i �niIDdl shall be deemed to canstitute a nuisance when :a�y of t� follawjJyq��nditions exist : 1. �e ��� ��x r3uiIDd1 is not confined to the owner's or custodian's property by adequate fencing or leashing. 2, 7i�e ���` �(X �imdl is off the pranises of the owner or custodian and is not u�dez the control of the a�nez or custodian b�* a leash. Such leash shall not exceed eight (8) feet in length. Zhis provision is not applicable when ��t ¢� a„ animal is in a motor vehicle. 3, �e ���` ¢� �1im31 oo�mia.ts d�nage to the person or property of anyone other than the owner, or creates a nuisance, as f�ned 'n h; chapter or in _Ch;�,p »0 o t+P -ity C�e. upon the property of one other than the owner. � This prwision is not applicable when the dog or rat is acting in defense of the ownec� the c�wnei's fasnily oc the ownei's ptoperty. ����;�x�it��i�� �����������i�¢� 4. A fenale ��f� ¢.�(j.` BIIimdl is in heat, off the pranises of the owner, tnless confiried while being transported to or fran the prenises of the owner. 'Ihis pswision is applicable when a fecale ��� ¢�t� �;++�i is in heat and is on the pr�nises of the owner, but is not kept in a building or secure pnclosure where it cannot be in oontact with other males of its kind, except for plaruied breeding. 5. �e ���` ��Iimdl barks, howls, cries or yelps so as to unnecessarily disturb or annoy any person or persons in the vicinity thereof, �� yb}S��x ��X ��€��!-`� �¢l46�X $��� �t` #�X��` t���`i�� �r otherwise emits a Go�nd .. .� . . �- .•- 6. The �¢� ¢� ��fX 3iaim3l chases vehicles o� othecwise intezfetes with pedestrians, autanobiles, bicyles, motorcycles, motor bikes or snowmobiles on public streets, alleys, ��y1�(�, pronerties or highways. 7. whece zeauired, the g1� �1` ¢1�X �3IIim31 has not been vaccinated against rabies within the preceding two (2) years. y��, �,��/�YjQi/����1f k�,:��,�X�'�i/�►�.�.�'�1�e�1cV.�4�/`di�f��ka�i���d"9r���}i�'�/0�1�/a'1��d.�'i����,b��¢�r�'�� ��i'���/�t/�►b�'�/��/�i�b�/�o1 t X��/�#/�'�/���i�i�'��/��/��`�s'/S��A�t4�'/�� Y�c`�/�#¢X#�s'�/�I rGd3'�ce . 8. Three (3) or more dogs, three (3) or more cats or apy��in�tion of three J31 or more dog nd ca G are kept on the same premises, unless a kennel lioense is obtained in the appropriate zore for that use and the requiranents of Section 101.15 aze canplied with. gl//X/���d6d/�(��/�f/�L�{/�`/s���1 f�rUt�/Id�►�/�Sf/t�/��;�/6f/Yf�AX�fI 101.06. DOG 1. Permit. A. No person shall own, keep or harbor any dog over the age of six (6) months within tl�e City unless a petmit thetefaz has been secused. Permit certificates shall be issued by the City upon proaf of zabies vaccination within the preceeding two (2) years. Issuance of new permits for the license yeaz shall oar¢rence as set forth in Chapter 11 of tl�is Code. In April of each yeaz, the City may publish notice in the offici.al newspapez of the need to Fsy such pennit registration fee. 2. z� S. The applicant for permit must sign and agcee that he or she is prep3red to oanply wy:h regulations established by the City. It shall be the duty of each person awning, keeping ot harboring a dog to pay the permit fee established by the City on or before the first day of the pesmit yeaz, oz upon establishing zesidence in the City. Upon payment of the permit fee, the City shall execute a receipt in duplicate, the oziginal of whi� shall be delivered to the petson who pays the fee and the duplicate reta.ined in the City records. At a minimian, the receipt shall desczibe the dog as to breed, age, color, owner and owner's address. C. No petmit shall be required of any himiane society, veteri.nary hospital or laboratory. 7�ag. A. In addition to the permit, a tag, the shape different for each registration year, shall be owner shall affix the tag, by a pernanent metal harness of the registered dog in such a mannE seen. 7Y�e owner shall see to it that the tag � dog. In case any tag is lost, a duplicate may representation of a receipt showing the payment current year. A charge, as provided k� Chapter made fot each duplicate tag. If at the time of is due to be vaccinated within the next six (6) vaccination shall be zeqUired befote a permit i or color of which shall be issued by the City. The faste�er, to the wllar or r so that the tag may be s constantly worn by the �e issued by the City upon of the permit fee foc the 11 of this Code, shall be initial zegistration a dog month period, then a new � issued. B. It shall be �mlawful ko counterfeit oz attenpt to countecfeit a dog tag or take from any dog a tag legally placed upon it by its owner with the intent to place it upon another dog ot to place such tag upon another ani�l. C. Dog tags shall not be transferable and no refwds shall be made on a permit fee because of leavin9 t2�e City or death of the dog. 101.07. REZ70r1�TIAN 1. An aninal permit may be revdced if: A. 1Y�e person holding the permit refuses or fails to comply with �,h€ nrovisions of this (�apter, any other regulations pranulgated by the City or any state or local law gaverning cruelty to animals or the keeping of aninals. B. An owner fails to provide the animal with �4�6���¢��pf� �¢¢� �(if� Y��'¢�� nar�c Tg?ry food� wateZ� ShelteLr �t`��R�RX��i'� ,�$S� X}'f� Sb��Y}'��l' veterinary care and himane care and tteatment. C, An awnec Qyerdrives, overloads, overworks, �o i G, ill thzeats, tprmests, n�gl o unju '�ably�aj��*PG maims mut�iates, or cr� Pi�v wrr k an a�i+�t when L�f;t for �abor, at othecwise abuses any animal. D. An awnez causes oc permits any dog fight, cock fight, bull fight oz other crnibat between aninals or between anim3ls and h�mans. 22 E. An owner violates the terms of this Chapter three (3) times within one (1? Permit year. 2. Any person whose permit is ievdced shall, within fifteen (15) days, remwe sud� animal(s) pernanently from the City or h�anely dispose of the animal(s) cited in tl�e violation as being owned, kept or harbored by such person and no part of the permit fee shall be zefunded. In addition, the owner may be liable to court action iu�der this Code, State Statutes and local laws for any of the actions cited above. 3. If a permit is revdced, no new permit may be issued f or a period of one (1) yeaz fran date the permit is zevdced. 101.08. �DDNS , 2�e section of this (7�apter requiring a permit and tag shall not apply to norr residents of the City who are keeping only domestic pets, provided that the ani�ls of such o�wners shall be kept in the City no longer than thirty (30) days ana the aninals are kept under restraint. �¢/�¢7/�¢��yi�/f6�/1��� ��Y¢t /�#X/�1�X1�/�f�t/�/t�if�#��/X��/�����/���¢�K���/�t� _�¢�¢f,pfd�, All othPr g�ov�sib.s of thiG Ch3ci�er slvll an9tv � norr-reside�ts a*� �ir t�,_ 101.09. PEES �e annual permit fee ard e�iration date shall be as provided in Chapter 11 of this Code. Neutered or spayed animals shall qualify for a reduced permit fee as provided in Chaptez 11 of this Code. 101.10. D�OUt�IDI[� 1. Generally. A. 7l�e Animal Control Officer shall take up and impound any animals requirin9 permits or tags found in the City without the tags; or any animals which aze in violation of any of the other pcovisions of this Q�apter. Ani�ls shall be impounded in an animal shelter and confined in a h�ane manner, impounded aninals shall be kept for not less than five (5) days, including Simdays and Holidays, �mless reclaimed by theic owners. B. If an animal is found at large and the owner or custodian can be identified, the Aninal Ccntrol Officer may ptoceed against the owner foz violation of this Chaptez. C. The Animal Control Officer may enter upon any public or private pranises by warrant or as otherwise provided by law when such officer is in reasonahle pursuit of his o� hec duties. D. [3p4n taking and in¢�ounding any anim3l as provided in this Chapter, the Anim31 Control Offioer shall i�m�ediately notify the ownerr if known, and the City Police Depaztment. The Animal Control Officer and Police Depachnent shall maintain a tecozd of animals so impounded. 2. Cla.iming an Impoiuided Ani.�l. 23 A. In the instance of animals for which the owner does not have a required peimit or tag, t2�e Aninel Cmtrol Officer shall not return such ani�l to the owner �mtil a permit and tag have been purchased from the City or from the Ani�rel Control Officer. 7be Animal Control Offioer shall zenit to the City the sian paid foz the permit and/oT tag #� �}�i¢ ��f }'� i'� 1���� D�� 1`��¢$ }��`�V�i,��i�.� f� �$X �� ,�4'�7��'�t� and furnish the City with all necessary information pertaining to said purchase including a aopy of any permit oertifi�ate issued in connection therewith. B. 7lie Aninal Control Officer shall be paid by the animal's owner an impounding fee �Xk� RR� ��1 �� �$f �R�}f �1�� Z}f� ��� ��` �fyi�i�X �� �yf��yl¢gt �pf �'!i¢ �ylyfy]. 7l�e Anim31 Cantrol Officet shall tucn ovec to the City any impounding fees reoeived. 11�e City shall place such fees in the general fund of the City. C. If a rabies vaccination is required and the o�wner cannot produoe pcoof that the aninal has had a rabies vaccination within the preoeding two (2) years, the Animal Control Officer shall vaccinate such cbg or other anim3l foz tabies as a condition of celease to the owner, The animal's owner shall pay to the Ani�rel Control Offioer the cost of the inmi.mization. D. The Animal Control Offioer shall be paid by the animal's owner the oost of feed and care for each day the animal is confined in the ¢�y(yf�l an;mat hot 3. Unclaimed Impo�uidec] Animals. Any animal which is not claimed within five (5) days after having been impounded, including Sundays or Holidays, may be requested and claimed by a licensed educational or scientific institution under Minnesota Statutes Section 35.71. If not so requested and claimed, the animal may be sold for not less than the aonount of the total charges accrued against the animal in acmrdance with the provisions of this Chapter. All sums received by the Anim31 Control Offioer, ��nt the cost of feed and c?re a*?� a�v vaccinat3onG or ;�,n,�;�ariorL acfiLnistered to t� a�i�t, shall be ranitted to the City and placed into the general fiu�d of the City. Any anirrel which is not claured by the owner, a licensed educational or scientific institution or sold, shall be painlessly put to deatl� and properly disposed of by the Animal Control Offioer. 7Y�e time of sale or other disposition of the animal shall be at least 120 houts after notice has been given to the animal's owner by the Aninal Control Offioer. The provisions of notification to the owner do not apply when the owner cannot be reasonahly ascertained. 101.11. ANII+F�L BI34�5, QIiARADTPII� 1. Any person knowing of a himian being bit by a dog, cat, racoon, skunk or otl�et species susceptible to rabies shall iimnediately notify the Animal Control Officer or Polioe Departrnent. Ffienever such an animal has bitten any persai, the avrer or custodian of the animal, }i�4¢�iyl� j6���f afte_r beina so notified by the Animal Control Officer or the Police Department, shall immediately cause said animal to be quarantined at the City of Fridley oontract }(¢.y{y(¢x �2{¢,iX��� an'mal c� P or at a licensed veterinary hospital or kennel for a period of fourteen (14) days after such person has been bitten. During the quazantine period, said animal shall be kept undec 24 obsezvation to determine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall imnediately report in writing to the Police De�rtment and the Fridley Aninal Control Officer, the oondition of the anim3l. The An'v�l Control Offioer shall Yhen take necessary sY.eps to detecmine if the aninal is suffering frcm rabies. 2. Ducing the quarantine petiod the animal shall not be removed from the desic�ated quarantire facility except by special wtitten permission from the Minr�esota Livestock Sanitary Board and the Fridley Animal Control Officer. 7t�e owrer of an ani�l shall be responsible for the oost of quarantine. The quarantine required by this section shall not be necessary and the requirgnents shall be waived if the custodian or owner of the animal, imc�ediately npon �¢¢���.` �� ?� �X�� ���¢�2`f� 1�$ 1��� no i i�a ' on ha _ h; c or her a.+i�+�al bitt n ne. presents to the Animal Control Officer oz Police Deg3rtment, the certificate of an authorized veterinarian that the anim3l rras vaccinated for rabies on a date not less than two (2) years prior to the date of ¢1�`}f /f�r��¢ the hittina, Such animal so exempt shall be quarantined on the prenises of the owner, �der strict control, for a period of fourteen i14) days for the purpose of observation for symptans of disease. 77�e Animal Control Offioer is authorized to conduct a mid-term and terminal examination of the animal. 3. It shall be im].awful for any person, other than an Aninel Conttol Officec, to kill or destroy any animal found r�mrung at large in the City. No Animal Control Offioer or othec person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quazantine and the diac�osis of zabies mac3e, 101.12. VICI(][]S AKIIMAL,S ,JO person shall keep or allow to be kept ��x�f� in the City any aninal. of a vicious ci�aracter, habit or disposition or any animal. wild by nature. Any dog ' or other anim3]. shall be deaned to be vicious upon the occurrence of two (2) bites within 365 calendar days except those occurring in defense of the owner ��z the arryer's ptoperty. Upon oorrviction for the violation of this section, he Court may in addition to imposition of sentence, diYect the Aninal Control Offioer to take the anim3l in question into custody and fotthwith dispose of :. �� 1� A� 1� R'��l�R�R� �3� !� Q�xJ� F�� �2`�R�$7� 101.13. OOM1PIAalIS F+ny pezson amplaining to the Polioe De�rtnent that an animal is allegedly runnin9 at large or othenaise wnstitUting a dangeL or nuisance shall identify hirhself or herself upon cequest and shall make every reasonable attelnpt to assist the authorities in identifying the anim�l and its ownec or custodian. 101.14. lIJZZLIt� � Whenevei the prevalence of hydrophobia renders such action necessary to protect the public healt2� and safety, the Mayor shall issue a proclamation ardecing every pecson owning or keeping �( g� � aRi�+?� s��p�+hle to ra�ies co wnfine it securely on their prenises unless it is muzzled so that it annot bite. No person shall violate the proclamation, and any �mnuzzled dog runninq at large during the time fixed in the proclamation shall be 25 imnediately put to death by the Ani�l Control OFficer without notice to the awner. 101.15. I�� 1. Lioense Requizenent. No person shall keep or maintain a kennel in the City except upon obtaining a kerrel liaense o�nsistent with the zoninq cequicanents of this Code. 2. Lioense Application. Application for a kennel lioense shall be m3de on forms prwided by the City. Such application shall oontain the following information: A. Location, m the prenises, of the kennel. B. Location of structures for housing the dogs and/or cats. If the dogs and/or cats are to be kept prim3rily within the hane or other building of the residence Qf the apglicant oc of any other pezson, tJ�e application shall so state. C. 7Yie maximun nia�er of dogs, cats oz any combination theceof, to be kepk on the premises. D. The distance of any dog runs or housing for dogs from any building structures suitable for h�man habitation, or a public place where food is bought, stoted or eaten. 2Yiis distance shall be a minimian of 200 feet. E. 'IYye prenises for any keeping of dogs shall be fenoed and a si�le plan showing the location of fencing shall be furnished. 'i'he fencing must be of such quality ��� �d dP '�1y`n tr�t �t w�>> contain the dogs and/or cats. F. Method to be used in keeping the prenises in a sanitary condition. G. !lethod to be used in keeping the dogs and/or cats quiet. H. An agteanent by the applicant that the pr �nises may be inspected by the City at all reasore ble times. 4. Issuance of Lioense. The City shall have discretion in determining whether or not to issue a license. In making suci� determination, the City shall take into consideration the adec��acy of the housing, the runs for 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 previous license period. 5. Rennel Lioense Fee. 7he annual license fee and expization date shall be as ptovided in Chaptei 11 of this Code. 26 6. License Revocati.on. If a license is granted and the applicant thereafter fails to comgly with the statenents made in the application or any other wnditions reasonatzly imposed, or violates any other provisions of this Chapter, the licensee shall be tatified b� mail and given ten (10} days to r�nedy any defects or defaults. If surh wndition is not cenedied in ten (10) days, a heasing shall be held after at least ten (10) days mailed notioe to the lioensee, and the licensee and all other interested �rties shall be heard. If it shall appear that said kennel is not being properly maintained, the City may revoke the kennel lio� and the keeping of three (3} or more dogs, three (3) or more cats, or any combination of thtee (3) oz moze dogs and cats shall be i�nediately discontinued. �,!//kh�ifr6f JsX/�lf¢�C5!l XXI�M�X/�I�X�r�r�XlR�z'/�7fIXiC�r(r#�/1�GIs1�lt�t/#zi�X/t�/6f/�N�/��XX1�4� 11�X��/F���1���/�/a�r�� �fd�f/r�l�/,�15/ dri�dY� �{U/7Uf1'�rb/�t�/�'��/�bll�IK��/,�rV�/�%�f�f/��/���X�/�r�d�X�6ri! ¢ltl�d/��f�/s�¢l/1/!/1 �l//XXY�/14��/��/6�/P�K�/X�/i��Y�/�t/�fdffiX►'fab�i��r�k/k�'�1'�/!�l✓,bb'/d�f ;►�e/1�#���s�• 101.16. ANIMAL O�NIIt(I, OFFI(ER 1. A�ointrnP�t. The City may appoint such pecson, persons oz necessary and advisable as Anim�i. Control Offioer under the supervision of the Fridley Police responsible for the enforcement of this (7�apter. 2. Duties. firm as the City may deem , Such appointees shall work Department and shall be Aninel Control Officers are authorized to enforce the piovisions of this Q�apter and other related ordinances, Chapters and statutes pertaining to animal control, includin9 the issuance of citations. 3. tks].awful Acts. It shall be unlawful for any unauthocized person to break into an animal shelter, or attenpt to do so, or to take or set free any animal taken by the Anirtal Control Officer in the �X�11Y�¢¢ P^fo m n of this Chapter, or in any way interfeze with, hiixiec oz molest such Offioer in the discharge of his or her duty imder this Chapter. 101.17. (�ARD DOGS 1, Businesses located within the City and maintaining a guard dog for aecucity purposes shall post notioe at the er,trance to the prenises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with the City a release authorizin9 the polioe or fire departments to shoot said do9 in an emergency situation, if neoessary, in order to allow the polioe or fire fiqhters to gain ac3nittance to the pzenises in the perfozm3nce of ti�eiz duties. 101.18. SEEII�G EYE DOGS Whenever a blind person acoan�nied by a"seeing eye" or guide dog presents himself/herself for acmrtmadation or service on any public conveyance vehicle or to any cafe, restauzant, store or otheL place of business open to the public, it shall be imlawful for the proprietor, mana9er or operator of such vehicle or place of business to refuse ac3nission to the dog or service to the blind petson. 101.19. Qti7II.T�' 7U ANII�IS Minnesota Statutes 346.20 through 346.34 aze hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full. 101.20. RSJATDOti 7D 0'19E[t LAW �e prohibitions contained in this c7�apter shall be in addition to any State or Federal law regarding the same or related subjects. 101.21. PE[�LTIFS Any violation of this Chapter is a misdaneanor and is subject to all penalties prwided for such violation iu�der the pravisions of Q�aptez 901 of this Code. PASSID ADID ADOPPID BY �iE CITt �[R�7CII, OF �IE CITi' OF FRIDLEY 'Il3L5 _ 1Y�1' OF � 1983. WA�LIAM J. I�E - N�.YOR ATl'F.`SP: z� _ � smr�r c. n�au,ri - ci� �uc First Reading: .Seaond Reading: Publish: 2/?�3/32 CITY OF FRIDLEY PARKS 8 RECREATION COMMISSION MEETING JllNE 20, 1983 CALL TO ORDER: GAairperson Kondrick called the June 20, 1983, Parks & Recreation Comnission meeting to order at 7:38 p.m, ROII CALL: Members Present: Dave Kondrick, Mary Schreiner. Jan Seeger� Dan Allen Members Absent: Dick Young Others Present: Charles Boudreau. Parks 8 Recreation Director Jack Kirk, Recreation Supervisor Jill Marlow, 6525 Main St. N.E. Jerrie Matson, 6560 - 2nd St. N.E. APPROVAL OF MAY 16 1983, PARKS b RECREATION COMMISSION MINUTES: NOTZON BY AII2. ALLEN� SECONDED BY lLS. SCHREINER� TO APPROVE THE MAY 16� I983� PARKS 6 RECRE7ITIDN COMMZSSIpN MINDTES AS iiRITTEN. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON XONDRZCX DECLARED THE MOTION CARRIED UNANIXOUSLY. � APPROVAL OF AGENDA: The following items uere added to the agenda: "E.E.I. for 1983" - Item d under "Director's Report" "Metropolitan Airports Coimiission Meeting" - Item e under "Other Business Chairperson Kondrick declared the agenda approved as amended. 1. DIRECTOR'S REPORT: a. 1984 Budget Materiat - Capital Improvements Dr. Boudreau stated that he will be going to the City Council on Fbnday, June 27, to discuss the i984 budget. He stated they are not talking dollars and cents at this point. If the Comnission members had any suggestions or ideas for capital improvement projects, he would like them to let him knaw by Friday, June 24. PARKS & RECREATION COMMISSION MEETING JUNE 20 1983 PAGE 2 b. Comnunity Park Complex Grand Opening Dr. Boudreau stated that on Oct. 7-8, they are going to have a grand opening of the Community Park in conjunction with the grand opening of the new Center City Piaza project. He asked the Cam- mission members to mark these dates on their calendars. Dr. Boudreau stated the Lommunity Park is caning along quite welt. The lights should be here in about a week or two. The building is almost completed to the point where they need another contractor for the woodwork. c. Swrcner Programs Or. Boudreau stated the summer programs have bequn. They average 30 children per playground program and about 15-18 in Tiny Tots in the different locations. The programs have been going very we11 for the first two ►veeks. Mr. Kirk stated they had a probiem in getting the surtmer program brochures out this time. They went with an independent hand delivery service, and it was the worst delivery they have had in six years. Many house- holds were missed. They stil) got a pretty good nurt�er of people signed up for the summer programning, even though they do not know how many people were missed. d. E.E,I. (Economic Equivalency Indexj for 1982 Mr. Kirk stated the Comnission members had a copy of the 1982 Recreation Program Report. As the Cortmission members will note on the totals page for 1977-1982, the number of activities went up a tittle bit fran last year, They have had approximately the same number of participants as 19B). The revenue is the most since 1977 at E88,219. Their expenses are down from 1981, The E.E.I., the value of recreation service to the comnunity, was up a Tfttie bit again. With the expe�ses being down and the E.E.I, up. the cost benefit ratio is also down again at ,149. He stated that is the figure they try to pay ciose attention to. Mr. Kirk stated the report was for the Comnission members' information. It gives a listing of the activities. the numbers of participants for each activity, and the E.E.I. for each of those activities. e. General Ice Skating Area at Jay Park Dr. Boudreau stated Ms. Ji71 Marlow and Ms. Jerrie Matson were at the meeting to remind the Cortmission about the sheet of general ice the City agreed to put at Jay Park. Ne stated he has informed Ms. Marlow and Ms. Matson that this is on the Parks 8 Recreation Department's work schedule, and the preparation work for the rink will probably be done in Aug, or 5ept. PARKS 6 RECREATION COFMISSION MEETING JUNE 20 1983 PA6E 3 Dr. Boudreau stated the Commission also has to come up with some criteria for the location of ice areas within the City of Fridley. The City Council has requested that information� and the Commission should address it� probably at the next meeting. Mr. Kondrick stated the discussion of criteria for the 7ocation of ice areas in tfie City shoutd be put on the July agenda. 2. NEW BUSINESS: a. Request fran City Band and Request from Northeast Chamber. Dr, Boudreau stated the Camiission members had a copy of a letter fran Ross Larson of the Fridley City Band and a copy of a letter from Betty Scott of the Northeast Cha�er Ensemble. The City Sand is requesting funds from the City in the amount of E500, and the Northeast Chamber is requesting funds from the City in the amount of �700 to be used to purchase music for the orchestra's library. Ms. Schreiner stated it was her understanding that when the City Council made the decision to cut funding for other non-profit organizations, this is what started the whole thing. She asked if the City Council had changed its mind regarding funding, Dr. Boudreau stated tfiat, to his knowledge, the City Council hAS not changed its mind. Ms. Schreiner stated it seemed to her inconsistent to give funding to these two particular groups if the non-profit organizations will not be receiving funding. Ms. Seeger stated she objected to the motion. She felt both the City Band and the Northeast Chamber contribute a very fine part to the City's recreation. It is sanething she wanted to see continue in the City of Fridley. She does not play baseball or participate in sane of the other activities, but she does enjoy music as a recreation, and she felt this was a contribution the City Band and the Chamber give as a recreation to this comnunity. Ms. Seeger stated she did not fee] these were organizations only bene- fitting themselves. They are benefitting her and the community. She stated written music is very expensive. She also felt a lot of the members of these groups encourage young people to realize they can take their music a�d use it after they become adults. Sfie felt tfie groups contribute culturally and provide a nice touch to something she can watch and listen to. PARKS & RECREATION COF44ISSION MEETING. JUNE 20, 1983 PA6E 4 Mr. Allen stated he had very mixed emotions about this. He stated he could appreciate what Ms, Seeger was saying, but the question wasn't so much how much the City Band and Northeast contribute to the comnunity, but the fact that other organizations also contribute to the canmunity and are not receiving any funding either. That was the main thrust of the argument befare and why the Correnission made the recomnendation they did last year. Ms. Seeger stated she thought it was a shame to say that the recreation of the comnunity is a non-needed part, She thought it was a very important part of a healthy community. She did not feel she had to apotogize for this type of thing in her comnunity. It is worth it and it keeps the camnunity healthy. Minneapolis has shown the comnunities leadership in many of these areas without ever having to apologize about it. even in depression times. Recreation is something that is needed; it fs like air, and a comnunity doesn't get better by throwing out the good things. Mr. Allen stated he did not feel that was the issue at all. He agreed that recreation is very important to a cortmunity, but he felt the point was that there are other things offered through recreation and in almost every case people have to pay for those services. Here are two organi- zations that are reatly being paid to do what they are doing. Ms. Seeger stated the City provides help for other recreational programs such as fields for the softba)1 programs and hockey ice for the hockey programs. These are at great expense to the City. Ms. Schreiner stated the City has offered to assist the City Band and the Northeast Chamber at City expense with such things as moving chairs and helping them set up and take down for concerts. She thought it was the Cortmission's feeling before that if anyone wants to participate in a program, either as a tiny tot or an aduTt, whether educationai or recreational, you have to pay to participate in that program. These people are not paying anything. If they contributed and divided their contributions on a quarterly basis, it would be much )ess than people have to pay to participate in other programs. Also, a lot of these people are not living or working in fridley--about 60� of them 7ive elsewhere. It seemed that if each member would pay $30/yr „ for example. it should cover their expenses. Mr. Kondrick stated he also could understand what Ms. Seeger was saying, Good music is essential in a good community; but when they start talking about volunteerism and sharing and contributing, he fett it a little annoying that these groups were asking for funding. Thirty dollars a year was pretty cheap, and he did nat knaw what else you could be in for that cheap a rate. He stated music is fun,but there are sane priorities. If a person is not eating or doesn't have a place to live, then possibly music should take second place. .-..�� PARKS & RECREATION COMMISSION MEETING JUNE 20 1983 PAGE 5 3. 4. Mr. Kondrick stated he felt the Comnission's original decision was right. Ne still believed the City of Fridley will have good music. Mdybe when the economic situations change� if they do. the Cortmission might want to reconsider this, but for now he saw no reason to change their decision, UPON A VQZCE YOTE� KONDRICK� SCHRESNER� ALLEN VOTSNG AYE. SEEGER YOTING NAY� CflAIRPERSON XONDRICK DECLARED TXE MOTION CARRSED. b. Discussion - Meadowlands Park Dr. Boudreau stated there was a neighbor to the park who had planned to be at this meeting to discuss fiow Lhe fAeadowlands Park could be improved. It is kind of an L-shaped park that is always flooded with water. He stated the suggestion was made to dig out and put in a large pond that would hold water up to a certain point. but this would be quite expensive. He stated fie would see if this person cou7d attend the next Comnission meeting to discuss this problem, OLD BUSINESS: a. Policy Manual Discussion Dr, Boudreau stated the Comnission members had the final typed copy of the "6000 - Program" prepared by Mr. Allen that was reviewed at the last meeting, OTHER BUSINESS: a. Metropolitan Airports Comnission Meeting Ms. Seeger stated a Fridley resident, Lee Ann Sporre, asked her to announce to the Comnission that the Metropolitan Airports Commission was officially meeting on June 28. 1983, at 7:30 p.m, in the Spring Lake Park High School. She stated the meeting has to do with the Janes Field site. She stated that as concerned citizens, they should know as much as possible about this as they will have to deal with it as far as the noise near Fridley's park areas. The basic concern Ms. Sporre wanted the Comnission ta be aware of was the quietude of the City's parks. as the parks would be in direct line of that airport. b. Letter Suspending Player from the Fridley Softball League Mr. Kirk stated he had written a letter to an individual player sus- pending him for one year fran the Fridley Softball League because of a bat tossing incident in a softball game.on May 26 which injured an empire. Mr. Kondrick stated he concurred with the action taken by Mr, Kirk and applauded him for taking this stand. PARKS b RECREATION COh�1ISSI0N MEETING. JUNE 20, 1983 __ __ ____PAGE 6 lIl�TION BY MR. .�lLL&N� SECANDED BY JNS. S&fiGfiR� TO CONCUR WITX STAFF'S AANDLING OF TXIS BA2 TBROWINC, INCZDENT. DUE TD THE IINSPORTSNANLIKE CONDUCT DEMONSTRATED BY T7iIS PLAYER� IT NAS TNE LEAST TAAT CWLD BE DONE, UPON A VOIC& VOTE, ALL VOTING AYE� CHAIRPERSON If�JDRICIC DECLARED THE lIOTION CARRIED UNANINOUSLY. AOJOURNMENT: !lOTION BY MS. SCHREINER, SECONDED BY NR. ALLEN, TO AA70URN THE MEETING. UPON A VOICE VOTE� RLL VOTINC AYE� CHRIRPERSON KONDRICX DECLARED THE JUNE 20, 1983� PARKS i RECREATZON COMNZSSION NEETZNG ADJDURNED AT 8:46 P.M. Respectfully subm'tted� ,�e� ynr Sd a Recording Secretary CITY OF FRIDLEY ENERGY COMMISSION MEETING JUNE 28, 1983 CALL TO ORDER: Chairperson Saba called the June 28. 7983� Energy Cortmission meeting to order at 7:37 p.m. ROLL CALL: Members Present: Dean Saba, Bruce Bondow Members Absent: Bi11 Jordan Others Present: Bill Deblon, Associate Planner Tom Hosch� 4716 - 6th St, N,E. Mike Hosch� 4716 - 6th St. N.E. COP�TINUED: APPROVAL OF MARCH 22, 1983, ENERGY LOMMISSION MINUTES: Chairperson Saba declared the March 22. 1983. Energy Cortmission minutes approved as written. APPROVAL OF MAY 25, 1983, ENERGY COPIMISSION MINUTES: Chairperson Saba declared the May 25. 1983, Energy Cortmission minutes approved as written. 1. CONTINUED: EDUCATIQNAL PROGRMSS d. Minnesota Energy Conservation Service (MECS) Promotion Grant Mr. Deblon stated Mike Hosch is a member of Soy Scout Troop #52 and is looking for a comnunity service project in order to earn his Eagle rating. Mr. Deblon stated he had told Mike Hosch about the MECS promotion and that the Energy Cortmission had fioped to have some volunteers. such as a Boy Scout 'Troop, distribute materials that promote the MECS Hane Energy Audit. Mr. Saba explained the MELS program to Tom and Mike Hosch. He stated the Energy Comnission is trying to promote the home energy audits available through Minnegasco and NSP at a cost of E10 to the homeowner, The audit costs approximately $lOQ and ali utility customers pay for it through their utility bil]s, �+AseYher they have the audit or not. l EN_ERGY COMMISSION MEETING, JUNE 28, 1983 PAGE 2 Mr, Saba stated the Dept. of Energy Planning 8 Deve7opment is sponsoring the pranotion and is offering promotion grants in the amount of $258. He stated Fridley will be using the grant money to print promotion materials, and they need volunteers to distribute those materials to homes. Mr. Saba stated that if Mike Hosch's Boy Scout Troop would be willing to votunteer for this project. the troop would be tisted on the materials as being an endorsee of the promotion, Mr, Deblon stated he has received a carenitment from the Fridley Sun for free advertisement, He stated that if they can solicit sane additional monies from local businesses or organizations, the Laimission might be able to strive for a little larger project. Mr, 5aba stated the Comnission is looking at an early fall (Sept,) time- frame for distribution of the materials. Mr, Mike Hosch stated he rrould need a letter explaining the project and how long the project would last as he needs to get it approved by his scoutmaster. He stated he woutd let the Cortmission know as soon as possible whether or not the project has been approved. Mr. Saba stated they would get the letter written and mailed to Mr. Hosch as soon as possible. He thanked Mike and Tom Hosch for their interest and for coming to the meeting. b. Programs for Cable 7Y Mr. Saba stated that included in the agenda was some information about a slide/tape program on "Nood Heating Safety". He stated that at the Energy Fair a couple of years ago� the biggest interest seemed to be in woodburning, He stated they should try to obtain this slide/tape for showing on cable TV in the fall. 2. ENERGY ACCOUNTING UPDA7E: Mr. Deblon stated he has not been able to expand the scope of the energy accounting program. Electric bills are still being collected on a month by month basis for the Civic Center. Mr. Saba stated he felt the City was really missing the boat by not getting more involved in energy auditing and publicizing the results of what the City is doing in energy auditing. They have some good programs avai7able and they have some good data, but they have to get that data updated and publish the results. Mr. Saba stated he would discuss this with the Planning Carmission at their next meeting and find out what can be done to prioritize energy accounting in the City of Fridley. ENERGY COMM155ION MEETIN6, JUNE 28. 7983 PAGE 3 Mr. Deblon stated computer print-outs for utility billing should be available from NSP and Minnegasco on a meter-by-meter basis. Mr. Saba asked Staff to request canputer print-outs from Minnegasco and NSP. 3. OTHER BUSINESS: 1, CO Monitor At the last meeting, Mr, Bondow had volunteered to write to some companies that manufacture CO monitors to see if any of these companies would be willina to market a tess expensive model that could be used b.y the Enerqy Comnission for a CO awareness program. He stated he found one manufacturer� BRK Electronics. that might be interested. This was the same company that did the smoke detector program with the Chamber of Cortmerce about eight years ago, He stated he is waitinq to hear from the company's representative. Mr. Deblon stated the Fridley Fire Dept, has a CO monitor and will offer, upon request� to test carbon monoxide levels in people's homes. He stated the Fire Dept. also checks the carbon monoxide levels in the Civic Center once a month, ADJOURNMENT: Chairperson Saba declared the June 28, 1983, Energy Commission meeting adjourned at 9:00 p.m. Respectfully s bmitted, rt� Lynn Saba Recording Secretary City of Fridley APPEALS COMMISSION MEETING - TUESQAY JUNE 28, 1983 PAGE 1 CALL TQ ORDER: Chairperson Gabel called the Appeals Comnission meeting of June 28, 1983 to order at 7: 35 p.m. ROLL CALI: Members Present: Patricia Gabel, Jim Plemel, Alex Barna, Jean Gerou, Donald Betzold (late) Others Present: Darrell Clark, City of Fridley Charles Peugh, Signcrafters, 7775 Main Street N.E. John Pomaville, Yiking Chevrolet, 7501 Highway 65 Mark Dooley, 5581 Matterho�� Drive N.E. Colin T. Gerrety, 6573 Arthur Street N.E. 61enn Yan Hulzen, 901 Overton Drive N.E. Dick Kramer, 920 Overton Drive N.E. Carolyn Doyle, 921 Overton Drive N.E. Mike 6ifford, Lawrence Sign Company, Burnsville APPROVAL OF APPEALS COMMISSION MINUTES OF JUNE 14, 1983: MOTION by Mr. Barna, seconded by Mr. Plemel, to approve the minutes as written. UPON A YOICE VOTE, ALL YOTIN6 AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. ,iContinued Item) REQUEST FOR VARIANCE PURSUANT TO CHAPTER 214 OF THE FRIDLEY CITY CODE TO INCREASE THE SIZE OF A FREE STANDING SIGN FROM THE MAXIHUM OF 80 SQ FT TO 371 SQ FT • TO INCREASE THE HEIGHT OF Of1E FRFF RTANnTNG SIGN FROM THE MAXIHUM OF 25 FT. TO 47.FT. AND THE SECOND F��� S FROM THE HAXIMUM OF .�] � RIGHT-OF-WAY FOR A `�I�i 7501 VIRON ROAD N.E. (Request by , 7775 Main St. N.E., Fridley, MN 55432) MOTION by Mr. Barna, seconded by Mrs. 6ero�, to remove this Item from the Tab1e. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERS6N GABEI DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Peugh, Mr. Dooley and Mr. Pomaville were present for this matter. Mr. Dooley explained the request is for an I.D. sign by GM which would be 15' X 15' and 47 feet high, a trucks products sign and two directional signs. k{e said the present (37 foot high) sign is obsolete and difficult to see from the freeway when approaching from the North. He also said there are trees about 1/2 block down that hinder the present sign. Ne further stated the I.D. sign is the primary sign and, if they had to, they �vould eliminate the trucks sign. A�peals Commission Meeting - June 28, 1983 Paae 2 Ms. 6abe1 asked a6out the I.D. s1gn. Mr. Dooley said it would say GM Chevrolet on top, Yiking in the middie and the GM insignia underneath that. Ne said their present sign is 343 sq. feet and they are asking for 250 sq. ft. but the height of the sign is their primary interest. Ms. 6abe1 said she checked with other cities regarding their sign code, i.e. 87oomington permits 160 sq. ft. including wall signage; Roseville is 175 sq. ft. for thorofares. Mr. Dooley said they vrould forego the Trucksign for the primary sign and said thetr present sign is 35 ft, high and they want 41 feet. Ms. Gabel noted that the total square footage of the primary sign is 241 sq. ft. inciuding the 4'x4' 6M togo. Mr. Barna asAed ff a smalter sign coutd be made of the same design and Mr. Dooley said not of the I.D. sign. Ms. Gabei asked why the two directional signs are larger than the code. Mr. Plemel asked where the signed would be p)aced and Ms. Gabet said they would be placed �n the front where the two driveways are. Mr. Peugh said the signs are for Body Shop and Service 8 Parts and 7 sq. feet is the smallest they are made. Ms. Gabel feit the existing 24 square feet of directionai sign was totally covered by trees and of no value and questioned the placement of the sign. Mr. Barna felt that a 7 square feet sign placed on the east side rather than the west side of the driveway would be more visable and suggested having three 7 square ft. signs, eliminating the 24 square ft. sign. Ms. fiabel fett the primary sign was stitl too targe at 241 sq. ft. and said that GM has to deal with municfpatities and cities a11 over the country. Mr. Peugh said the custom-made signs are much more expensive, they have to pay for them. Mr. Dootey said that GM gives them a program to work with and they will contribute to the cost nnd provide the maintenance of the sign. Mr. Plemel asked about the 47 ft. height. Mr. Dooley said they need tRat especially going north on Highway 65. Mr. Peugh said 42 ft. is the next step down. Mr. Ciark suggested putting the I.D, sign where the Truck sign was going to be. Mr. pooley explained that there are trees � block down that block visibility and they need the height of Lhe primary s1gn. MOTION by Mr. Piemel, seconded Dy Mrs. Gerou, to tlose the public hearing. UP�N A YOICE YOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:03 P.M. Mr. Plemel said he drives by Yiking thevrolet twice a day and does not think that the size of the sign wi11 bother him a�d that.he.would be in favor if they could reduce the height from 47 ft. to 42 ft. for the ID sign, eliminate the Truck, keep the two directional signs and have everything on tbe buitding painted over, Mrs. Gerou said she did not have any problem with 47 ft. but felt the I.B. sign was a little large and that she would not like to see the big directioeal sfgn and place of the directional sign on the other side of the driveway for better visibility. Mr. Betzold refrained from comnenting as he came irt aate to the meeting. Ms. Gabel said she understood the agreement with GN and the 241 sq. ft., that she did not like it but Viking was willing to forego the Truck sign and agreed that you could not see the one directional sign. Mr. Dooley said they would be wilting to move that directional sign or etiminate it and that originally it served its purpose (the parts 5 service sign). Mr. Plemet asked if the sign over the overhead doors was going to stay (service) and Mr. Peugh said it would. Mr. 8arna said he would like to see the 24 sq. ft: traded for a 7 sq. ft. sign. Mr. Peugh said that sign is in good shape and has Deen maintained since 1971. Mr. Dooley said they Nou1d be willing to do three 7 sq. ft. signs. �ea1s Commission Meeting - Ju�e 28, 1983 Page 3 After further discussion, Ms. Gabet. Nr. Plemel. Mr. Barna and Mrs. Gerou agreed with three 7 sq. ft. signs, the elimination of the Truck sign and the 47 ft. height of the primary sign. NOTION by Mr. Plemel, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council, approval of the variance request to increase the size of a free standing sign from the maximum of BO sq. ft. to 241 sq. ft; to increase the height of a free standi�g sign from the maximum of 25 ft. to 47 ft.; to increase the size of the three directional signs from 4 sq. ft. to 7 sq. ft.; and to de�rease the setback from right-of-way for a directional sign from the minimum of 10 ft. to 2 ft. all located on Parcels 4350, 4360, N� of Section 12. the same being 7501 Viron Road N.E., Fridley, Minnesota, with the stipulations that the Trucks sign shall be eliminated, the 24 sq. ft. directional sign shall be eliminated and the Parts & Service directionat sign shall be moved to the other side of the driveway. UPON A YOICE VOTE, ALL YOTING AYE EXCEPT FOR ONE ABSTENTION, CNAIRPERSDN GABEL DECLARED THE MOTION CARRIEO. 2. �Sent Back From Council £T. TO 5 FT. YO ALLOW VING CARAGE TO BE USED FOR A BEAUTY SHUr� LVI.AltV vn L�i ao. DLV\.I� +. a........- VIE1: TERRACE, THE SAME BEINC 901 OVERTON DRIVE N.E. (Request by Glenn Van Hulzen, 901 Overton Drive N.E., Fridley, !AI 55432) ' hqTION by Mr. Betzold, seconded by Mrs. Gerou, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, LHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:17 P.M. Mr. Clark said he was not sure they needed a public hearing for this item as it was sent back from the Council to the Comnission to reconfirm or reconsider the interpretation of l{ving space or accessory building and that staff checked the State rules and that it would be possible to interpret the State rules that the beauty shop must be operated from the living space from the house. Mr. Llark felt they could not conside� that valid in the City zoning laws as it would disrupt their home occupation definition and they would have to allow machine shops, body shops, mechanics,etc. He said the staff feels the first interpretation is the proper inter- pretation. Ne further stated that staff spoke Mith Mr, Herrick's office (to Mr. Neumann) who did say that Council could approve the variance for a specific use for a defined period of time. Ms. 6abe1 stated the only issue here is the definition af living space. Mr. Betzold said the State ruTes have a fairly narrow definition and that certain parts of the fiome are not living space; the City looks at whole home as living space and it is their jo6 to interpret the City Code. Mr. Plemel asked if this was to change their thinking on the lot line. Ms. Gabel explained that they are being asked to determine whether or not this is living space and the staff has interpreted this as living space which is why it requires a variance and they are asking if the Lommission agrees with tAis interpretation. Mr. Plemel said if it is an accessory building, it can be 5 feet from the lot line and if it is living area, it has to be 10 feet from the lot line and that he concurs with staff in that he considers it living area. � Appeals Comnission Meetina - June 28. 1983 Paye 4 Mr. Betzold asked what the result would be if it was not determined as living space. Mr. Clark said then no variance would be necessary. He said the interpretation of the coGe is consistent, gareges are accessory buildings, that they have allowed home occupation in living sQaces, not garages -- home occupations cannot take place in an accessory buildfng. He further explained that if the area fs going to be a beauty shop and it is a ltving space, then it needs a variance and to ask 1f living space was properly defi�ed in the beginning. MOTION by Mr. Betzoid, seconded by Mr. Barna. to close the public hearing for the purpose of voting to determine the issue of tiving space on this matter. UPON A YOICE YOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:30 P.M. MOTION by Mr. Betzold, seconded by Mrs. Gerou, that, upon the Commission's review of their original determination of living space in this matter, it has been determined and affirmed that their motion was based on the issue of living space and this is living space. UPON A VDICE VOTE, ALL YOTING AYE, GHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. NOTION by Mr. Betzold, seconded by Mr. Plemel, to open the public hearing to determine whether or not there is additional information available at this time regarding the CQmmission's originai recommendation to the City Counctl on this matter. UPON A VOICE VOTE. ALL VOTIN6 AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 8:33 P.M. Mr. Van Hulzen, Mr. Kramer and Mrs. Doy1e were present for this matter. Mr. Van Hulzen fett it was an interesting approach to designate a vartance for a particular purpose (beauty shop) and felt it would be a compromise satisfactory to everyone. Mrs. Doyle said she attended the City Council meeting and that she stiti does not care for the 5 feet from the lot tine but that she spoke further with Mr. and Mrs. Yan Hulzen and she ts a little more comfortable with tfie beauty shop but asked that it be restricted to the Yan Nutzens only and that Mrs. Yan Hulzen promised not to have the beauty shop chair in Lhe fro�t window. Mr. Clark asked if she objected to the living space and Mrs. Doyle said she would not want a precedent set and is willing to compromise. Mr. Llark said the staff has a hard time keeping track when homes change ownership and they can keep track o� a comptaint basis and they could grant a variance for a specific use for a specific period of time. Mr. Van Hulzen said the State Board licenses beauty shops annually and they wi11 have a very re- stricted beauty shop. Mr. Betzold asked if they would be in violation of the code if they did business 7 days a week and Mr. Llark said they would not. Ms. Gabel asked if they could grant the variance exclusivety to the Van Hulzens and have the Council work out the legat. Mrs. Doyle suggested having the Yan Hulzens come in annuatly. Mr. Clark said they could have a letter requesting extension for another year and could not foresee a problem with,the Louncil, acting on an annual basis. Nr. Kramer spoke in favor of the variance and betieved it Nil} be a very restricted type of business and he is not concerned about traffic and that he can see the house out of his front window and thought that the changes will look nice. Appeals Cortunisston Meetina - June 28, 1963 _ ___ Vaye 5 _ Mr. Betzold questioned the flardship 1n this matter. Mr. Van Hulzen said the main hardship is that his wife wishes to take care of the family and still work, that she needs the job and this is the least ezpensive and most economical �ay to accomptish this. He said other options would cause co�siderable disturbance and expense; the entryrray wpuiQ then have to be through the back yard into the basement and through the laundry room and the poot in the back yard would have to be fenced off. He felt this would also be additionat disturbance to the neighbors and the existing area is the right size. Ms. Gabet felt the hardship is now defined much better and stated she had visited the area artd there wvu]d be a safety factor with customers and the pool and the construction costs are obvious and this appears to be a better May. MOTION by Mr. Betzold, seconded by Mr. Barna, to close the public hearing. UPON A YOILE YOTE, ALL VOTING AYE, CHAIRPER50N GABEL DECLARED '{HE PUBLIC HEARIN6 CLOSED AT 8:50 P.M. Mr. Plemel said the original objection of the neighbor's dissatisfaction has now been removed in this matter and he has no problem with the variance. Mrs. Gerou and Mr. Barna concurred. Mr. Betzold felt the additional information has clarified the issues. I�TION by Mr. Betzold, seconded by Mrs. Garou, that the Appeals Comnission has reconsidered its earlier recommendation to the City Council, and based upon additional information presented that was not available at the last hearing on this matter, the Appeals Cortmission recommends to the City Council approval of the variance request to reduce the side yard setback on the living side of a house from the required 10 feet to 5 feet, to allow a converted garage to be used for a beauty shop, located on lot 18, Block 4, Brookview Terrace, the same being 901 Overton Drive N.E., Fridley Minnesota with the stipulation that this variance be restricted to the use of the Yan Hulzens only, that this is granted for a period of one year and to be reviewed annually at the same time the State license if renewed, by the City Council. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THIS MOTION CARRIED UNANIMOUSLY. 3. REQUEST FO R£DUCE THE 27 AND TNE 6573 ARTHU DWELLING ( 55432) TO CHAPTER LOT 2H, BLOCK 4, OAK GA T N.E., YO ALLOh FQR AI: by Colin T. Cerrety, 6 Arthur CITY FRO1:T OF ley, !Al NOTION by Mrs. Gerou, seconded by Mr. Betzold, to open the public hearing. UPON A VOICE YDTE, ALL VOTING AYE. CHAIRPERSON C�IBEL DECLARED THE PUBLIC HEARING OPEN AT 8:55 P.M. Chairperson Gabe1 read 4he Staff Report: �DMIlI3TIUTIVB 3T1PF lEPOIIT 6573 �+'t��' Stevet ■.t. ♦. l48LIC �DAPOSE SERIED DI �BQOIll�7: d�etion 205.153 (23 i'�Qyi�ee tLat in areas vitA lront �ard setDacks trcater tEaa t�e einieum, the arerage of LEe setDacke for Dulldiagn vitDin 100 feet On �itDar �ide aEall pre�ail. witE a deviatioa alloveQ of �is f�et �ore o� l��s. Appeals Commission Meeting - June 28, 1983 Page 6 iublic purpose ser�ed E� tEia ��quireeeot is to •nsure tEat any aev atruct�rea do not areatl� SePede LEe troat �ard •line of sisAt` for LAe t:iating Eouse sitas. 8. S?�TSD HiHASSSP: �Ylith tvo CEildron preaentl� •nd oae due Sn Janusry, ve Dave outgro►+n our Aouae. Ye Lave priced Gouea� on the earket and cennot afford to ■ove and we do like our preaeat location. Building an •ddition would sive us adequate room tor a�rrn+ing femily •t a prlce ve can afford. Our houae ia a tvo Dedroom viLL 768 sQuere feet. Alao, adding onto LAe front ia •conomical and �ore logical and deaireaDle LAan aoing any other direction." C. �D►�lI]iIS7Al2IYE ST�FF 11EFI&Y: Io 1978, tde petitioner Ead planned to convert the existing attsched aarage to living area aad Duild s aev aarage off the alley. They E�ve since changed their ainda and oa+ wuld 11ke to add onto L�e front of the Aoune. 7o do tLi� they rill need • lY�oat �ard •ariance. YStd the propoeed addition, the structure r111 De #2 feet from the front lot liae. TAe reQuired seLDack for this lot ia #8 feet due to the l�rge front �ard setDacks tGe eeighDoring atr�cturea ha�e e�taDliahed. If the Board �DDroves t�is repueat, re Eave no recommended stipulstiona. Mr. Gerrety was present. Mr. Ctark explained that the petitioner is still using the single-car garage and presented aerial photos of the area. He said there is no real set pattern of setbacks for the whole block. Mr. Gerrety said he requested 18 feet but will actually be using 16 feet - he wanted to be on the safe side as he did the measurements himself. Ms. Gabei asked what the space is to be used for, Mr. Gerrety said they want to convert the living room into a dining room and have a new bedroom and living room and they heve discussed the possibility of just adding the bedroom. Mr. Barna noted it would be an L-shaped house and make it easier to tie the roof in. Mr. Gerrety he will have a contractor do this and everything will be tied in. MOTION by Mr. Betzold, seconded by Mrs. Gerou, to close the public hearing. UPON A Y�ICE VOTE, ALL YOTIN6 AYE, CHAIRPERSON 6ABEL DECLARED THE PUBLIC HEAP.ING LLOSED AT 9:03 P.M. Mr. Betzold felt the variance should be granted as the public purpose did not have much application in this matter because of the foliage and varying setbacks of the other homes in the area. Mr. 8arna concurred. Mr. Plemel said he could see the need because of the growinq family. Mrs. Gerou and Ms. Gabel agreed. MOTION by Mr. Betzold, seconded by Mr. Barna, that the Appeals Cemnission approve the variance request to reduce the required front yard setback from 48.7 feet to 42.0 feet on Lot 27 and the S� of Lot 28, Block 4, Oak Grove Addition, the same being 6573 Arthur Street N.E., Fridley, Minnesota, to allow for an addition to the front of the dwelling. UPON A YOICE YOTE, ALL VOTING AYE, CHAIRPERSON 6ABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. �peals Comnission Meeting - June 28, 1983 Paye 7 6. RE�UEST FOR VARIANCE PURSUAN? TO CHAPTER 214.045 OF THE FRIDLEY CITY CODE, A FREE by Kenneth Ingram, P.O. Box 1242, Mpls., MN 55440) MOTION by Mrs. Gerou, seconded by Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALL YOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING OPEN AT 9:05 P.M. Chairperson Gabel read the Staff Report: �DMIIISTlUSIPE STIPF lBPOAT T600 Ooi�ersit� l�anw ■.E. !. P48LIC PORPOSB SERYSD BT BBQOIBffi�AT: Ssetion 214.006, (2) B� requiree a aazioum size of 80 sQuare feet for a frse standing ai�. Public purpoae served Dy tDia requirement is to cont�ol ♦iauel pollution aad e:ce�aive uae of si�a in oommercial aroaa. B. Si�i� H�HDSHIP: •Need identitication oa Oaborne Aoad and tEin Sa the atandard aize aign for Lhe company.• C. �DMIHISTR�TI98 STIPF 8E9ISY: On September 11, 1978, the City iaaued Si� Permit IA07 to Yestern 011 to erect s TS aQ�are foot (approiimately 6' 7c 12.5') frse standing aign. Thia xas a pe�itted aign and no variance va� needed. Ormer aow reQuest� an additiooal free standing aign (rhich ia allowed by the S1� Ordinance) rhich ia in ezcesa of 80 aquare feet (which is not allowed Dy t6e Sign Ordinance). If approved, the total aquare footage vould total 183 eCuare teet. Our records aLor triat tfie service atation acroas from this service atation Aas a 60 aquare fooL free atanding aign. Staff has ao siipulatioos if the Board approves thia request. Mr. Gifford, Lawrence Sign Company, was present for this matter. Mr. Clark said the Staff did come up witfi one stipulation in that tBey would like to work with the petitioner to have more landscaping done. Mr. Gifford said he was cal7ed on short notite to attend the hearing as Mr. Ingram could not be present. He learned from Mr. Ingram that the Bome office has requested this sign and Mr. Gifford said he was unabte to contact the home office for further information. He said on a corner lot the code allows for two signs 6ut with a maximum of 80 sq. ft and they would like to get side street exposure, especially on a street with a lot of traffic. He further stated that the types of signs Western has now is kind of a pro6lem as the company is in a transitional period with their signs and they are currently changing all their siations. He said it is 6asically a price sign with the name on the top panel. s Commission Meetina — June 28. 1983 Ms. Gabel noted that prices are currently on the other sign. stations like Standard Oil do not need a larger sign like th companies. He said the smaller independents do not have the their price signs are the way they compete. Paae 8 Mr. Gifford said e smaller, independent 'power to compete and Mr. Betzold asked a6out getting Mr. Ingram to a hearing. Mr. Gifford said he would like to bring back the Commission's recomnendations and it is a practice to have side lot signage with a corner lot. Mr. Betzold questioned the hardship. Mr. Gifford said the hardship is the square footage and tfiey are competing with Amoco. Mr. Betzold felt everyone could see their sign. Mr. Gifford said the smaller stations survive on pricing and service and said tAey could have an alternate request for a larger sign on University Avenue. Ms. Gabel felt they are presently very noticeable. Mr. Gifford said one of their problems is that the name Western is going out and pricing coming in -- price larger and name smaller. Ms. Gabel stated if the Commission gave them a larger sign, Standard would be in requesting one, also. She said she was not sure if someone thought this through enough because of the transition and changes with Western and felt there was a good deal of vision with the present sign and felt the variance should not be granted because of that and the possibility of another variance request. Mr. Gifford felt a sign is needed on the side street. Mr. Clark said he discussed signed with the Champlin station and their pricing signs are integral part of the overall pylon sign. Ms. Gabel noted they refused the pricing sign for Union 76 recently. Mr. Gifford asked about wall signs and pump canopy signs. Mr. Clark said if it is a mansard canopy they are a wall sign and a free standing canopy on the pump isiand is probably a free standing sign. Mr. Clark suggested continuing the matter to find out what Western's 'theme' is going to be and what the changes are to be. Ms. Gabel said the signs could be made smaller. Mr. Gifford said there would more cost involved with smaller signs. Ms. Gabel noted on their current sign the prices are not included and they could come back with a plan that includes both signs and it is policy not to grant variances that are extremely excessive for gas stations. Mr. Plemel said he was inclined to think signage is adequate for their needs and it is visible from both directions. Mr. Betzold said he would like the owner present for this matter. MOTION by Mr. Betzold, seconded by Mrs. Gerou, to ta61e this agenda item until notified 6y the petitioner. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Betzold, seconded by Mr. Barna, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE APPEALS COMMISSION MEETING Of JUNE 28, 1983, ADJOURNED AT 9:40 P.M. Respectfully submitted, Deb Niznik, Recording Secretary in a.si.. d� 11'��: i ^$ ♦ �s#MM,�+' S � S$i�. a'`s.� �' �d'$�, ��#��� �Y � ��:��i�, s�t� , `, �b �a� �� �� w`��V,� :. _ : �Cs€ � ����L�[�yp' � �, . �� �.��j JZSA�i;LilC�.,� '�nF�* � �3« ^ f t � i :,. ,.t-i c°: ��- �6���y e � ' Y_ � � �a� �i�tuF�s: �E",P�?uE s7tE ti9U1�' 3��' i9��3,. . .. ���, S_��9. 3��. V� �. j. � b � 4n� S �. �< . ... '- . . ';r , i= ^ , y, : ... „r , ��_, �= '; . �.. a,��. �`N�tigE}NMENTAL QUI0.1.iT1f COI�tTSSIDN #I�Ei1H6., JUl� 1'� 1983 P14GE 2 !�. Svanda stated'tt►�# so far the Cpmmission has,met with Bph Hu'tchlsan of Arroka County to go over the Gaunty's Solid Waste''Management Repcx�t; which was' required to be prepared by atl the counttes fn the me#ropalltart area. The ' purpose of these rtp�iris wa� ta adtlress the solid waste'issue for each county to tMen identify aiethods of rei�ucing reliance on:landfillfn�q of the,so�id r►aste.' This was aTso being do�e in conjunciion with �acf� county s efforts �ef siting sites far sani#ary lertdfil�s as;!we11 a�'�t�nalition 7an�dfills.��: ` � Mr. Svanda stated th�e reports fran alt' seven aietropakiian counties are being reviet�ecl by the Metrtr�olfian Cauncil� wha will then t�r�end their So]id Waste P1an. The reports rr911 ther� go batk ta the counties, and the cqunties tivill be`requested fo amend their repart?s to t►e consistent with the Metropotitan Council`p7an,' Mr. Svanda st�ted th� Copmi�sion �lso met with Dan Krivit fro� the Gity of Minneapalis. Mr. Krivi#y w1�e used to be witfi the MetropolitaM Ccfuncil. bad Lalked about the project:Mi�in�apoiis currently fias underway as far as the curb- side pick-up af recyelabte �t�riats. The CodmiSSion also had diseussians with Con�rie Metcalf of SOR7 (Save pur R�cyclabte Trash). Late iast swnner the Comniss3on met with Lhe G�t� Ctwncil to gc ever the Cammissien's work plan and to'briefly discust' tit�s fiss�. I�M. Svanda stated:thai thus far. the Co�ntssian has rtat decided uporr any course caf action. They are basicaYly so7icitirtg opiniuns fr�n different people. They ' had discussed the idea �# requestfng the haulers +�hn serrice the residents of �'ridtey to came to a Comm�ssia�n meeting in order for fi.he Comnission to express their th�ughis and td�as and� in,Lum . to get the haulers' thougtits and ;ideas on how the City might prsceed arsd 6Ewe �hings:the City might do could behefit or actverseiy`impact the Aaulers. He`stated it is ltat the Comnissiort's intentioo- to adverseiy impact anyone, but'it is their interttim� to try to decrease reliance on i�ndfi)}�ng the solid �raste, They are al} aware`�f the prab}ems �ing created and the fac# that the cos� gf _tfi�e IaAdfitling facitities is not going tn come down; it �s going to go up, Tl�e cost to tht heulers is go#ng #o go up, resulting in a� increased°cost ta the.h4nr�c�rner. ' Mr. Svdr�da stated the°`-�pm�is5lan had prepared �n dgenda for this m�ting. It was not a rigid agenda, bt�t it �S a tist of tApics:-and issues the Com�#ssion Nanted to dtscuss with tbe h�ulers in aj^d�r to get their input.` He sYated if'there were other things the haulers wotr3d like to talk about, they were to fee]'free to discuss ihem. Mr, Rodney'Kager, Woodlake 5�3nitary, stated the City of Minneapolia had a pilof' project where they ws�e trying ta reduce their dependence un landfills and. hope- ful}Y. save some money,iir'the process. They were PaYin9 �17/ton to pick;up the r�cyctables whiie a't �Fre landfiYl they would be paying �22jton--in essenCe. saving $5/tqn, it was his �derstanding of the resutts that it c0st more tham fl7fton tp Pick up the r�eyGl>ahlts; in fact, it coat awre'than'E22/tun to pick them up. ,He s#aied this ►vi}1 pb5sibly be proven"out 6y the 6iddfing that is about to go an for the recytling pr�njects t4�at wi11 be expanded in Minneapolis. But, until Lh�t time, he di� noi �eel recycling was tt t�ea1 cost-effec4ive way to go:. re.space ta' !Fa�. v.:Mr.na �P�"n�s:''� J i�.w �++e. v.... °� }' T. � � It �i������ Mr. Kager.st�rted c�i Every sprrng far the �cpn�ast pi3�s �t+a►e. u3es �►e co�pest,' ifi �. Saa�a staLed tt► �w 8rfghton, �e ga� t�h�. Saha gi ve fior th� �lf`. I.arry Saiba state� � �uEr ttini,' #L� �ras �.�� ;ytiirrg La the lainfiti 3vnnted tt� cle wa Ne' sLe��et h�e1 t rr t�Pe�'ati on outwei ghs ' Of p�p}t willfng ta► 8�y �y: �� �le�t� Itar,�ten. �� Ac� � j+�k�. �Ef#rE th2 ;,i t6:a ;�arcl, - �`hat' was ,�ard mat�rials. Mos' C3�isst! the inc�`�ease ° fi�M, �vae�da stated ths p,rai�eCt: He asked t! �his project was.. Mr. Ka��*:st�[ced tne: bi'lities. ` He stateef in the Dile. The Cf� ts�sost p1te. The h� �►o# split tJxe.bags, , reSponsfble €pr' splt � "�fii� singt+��=�iggesi � prcbably one�of the + �. Svanda staited tk� #ram the hauiers',,pe� #�. Bitl Me,ast�. it4+ Mr, Marden, Ac� So1f� Nr. S�randa asked if � ��►�• N�r. tf�ts�Ctm stated �+ ��t�NC�. a�n t vrorked v� �� Mr: �.e�wr�+ 5aba had st � � `t�te for rec, �e0{�1� :� �{ f ng to recy, �. � �a� a t�a can 1i�it �r.ta� 3r�w�r caa.= W [s 3�fc'�'i�r,.;of course, � in the of recyct �s not pic aufi�rs wi11 ag� ar, NeW Bri�ght� �ervicing tiew �+� li��rs � vl�re to -pi ck i i�s; �-foli�w up by spl; ler3 �lfd 'th�ir part �y t� I.m�rr there 1s a Mess o� f�g `�e bags; that ti�uld •�t�� experr�e the hbul� :apesi cas6s� �ven at ta� r�ttivt. d�d� they r�e81i laiEe �isfttiry. stated h� ia��e, stated tfiat, fn I ry t�tt1d be ±ri)iing to � I�ew Brighion. and they� �e`i�l �r'�e. i�r. Kager'stated it r�uTil.'� na u l�tst y��r,�e If Lhe �� �3 g �, � � I ----- ense For th �r�� t z t4° j"� e` f.- et ,. u5 � rC` (,; (. . il�� � �° PAGE��4� ���ieti in the, Ciiy� Df� MiniSeapolds. i4•ucks frcm the Minn�apa7,is �si pi7e is made. irut• wMen no one in�#fill. �d that �vtten ht+ SLart�d hauliog in ing. What tCi#ut of bYeak �fd ?. �r�a certai� price: _�or anything �he recs+e��i►�9. tfre irastg volwae t the pereenta�ge of �Yeople �aho o:a custdner i; jGSt not that �rch, tWre. Qut right now the tost of . Beceu�e af #he la,t perkentage 9;up enough retycla�Tes to make ight n�'he is running l0 stops ta ted. Me was r�[nning abnut'13 stops wouTd hare ttr-Mau1 t'f Lhere a�ere no Lhat the yard`materiat is what has tr:ied compasting as �n eXperirtrentat i�ton hcw+ effect�ve or s'uccessful +a€ follow thro�gh vii�.h its responsi- q nattring but teaue9 and d�np them LLing,the ba4s and`setting the uling the leaves,�btit the,City did �^ there. ' If the hat�lers;would be � very 7at�or f`ntens#ve, -` Labor is �,ha9, The tandfil`1 cDSt is still �y's costs. a�t ctid nat work ir� I�w 8righton, a savings or u break�even? �irawght ft was �abnut �reak-eve�. s.:tase, he had abolet 10% particfipation. �^ticipatie in �h� hAUi�tng of leaves �ih�s 3sJa�n vtitfi th�'.Giiy ;p# d�scu55iars 9a. �oiect ta na the�wav i��went �;�fg8in, 'tfie �itY pf Hert Brighton ��lY`f18ve to �:. �"i�s..# t`�separa�. t�nbi�,:H�#�h � ,��� ,, e �,�. s �a�. � sPr�acl�, au � " <x � w.. � a� � � � � .."�+,. ; k, : i;.' �u�rro�h}e�►��r..`aritt:�r �'. .. �. t�.` kager stated th� �f` � IieYiS�it'iM1t, 'FQY �x�8; � , �. 1Netcatf sia#.e0 � is c1� �� ot" m�irspriFVt, fe�r����rnpl�� �1 �any ti.ke°Lhe Gtir�en St�i Mk+. S�randa asked wtF,y�#fie tr�E 3-4 t�� maximum. MM. I�ager stated the��e 3i�:� the vo�pme ftnctuetfi�►. i� Mz. !te#��1# s'LaEed s�e � } k�ve a Lwo or three t�ta:-.:, �►aY ttse same rete fvr her':�i i�lr`a lai'i"y Saba SLetES� 1� t,�t3 �1°� any extra thinqs �ik� � daes ct[arg� ex�ra. #�e Peo� �ir�. IC�ger st�ted :Moot�afc�` � #�ickin up� lea�es �in,�e�la� fia ste�ed he would ��t.�9 � 1�. �1e11 am asked wha� ti►e <t� N1r. IC��r';sLd�ed tha�::�ss,� fariAer�ot�t �arts� thc��:8�e,�sS �anafilts. a9�t ,ww� ttie c Citieaper to i1au1 to tt�e 1a�� 1�^, Nettnn st�ted's� af th Mh'. i�E$F� �b8y repr�st►ntinq I�ard fra� the har�lers► gras �ik ahd �e n��3ariiy;c€ th! ir�cenEive �r peap1e $o � �rt the lawn--#soSSibiY;#S vr Mr, larrY 5a1� ztate�l;#he mro Eio other utitfties. i� t�►eY iro�nd:' �id it is tcro�c�s�; !�'. Dea� SaE►� stated �6u�a�# : � � t� �rsc� �naw t�ow+ '� ca�sosfi�. • �uad �at bar�e to�>bwy��.the�i� s�st�u1G penaliie those p�pt� 3. ', k .z�; c� � . ;.. ��� � ' � Ni�ETTNfs�; Jll� }�,��1�83 _ PAGE 6 ►i� in the aietr�qpo7itan area decided to save rarld be no meti�ket for ft within tMro weeks, �d #hat if therp aas a guaranteed st�ady Supply •e a�fght D� tNe po3sibility of a �iews�rint reeycling �ep�r Go. that w�uld produce Aew new4�rint. � doesn't char�-by the can or fia�e less than.a � tttmpantes: that� dare a per can rat�., Bui. v+ith ` i tltey effetttY�#�r ;run a per can r�t¢? L#�e custc�aer shpu�d eith�r b� �harg�,! per �nn ar i. :She thpr�ghL #t �ras grr�ssl,� unfa�ir fer her to ,� of trash a� t.�e person wha has a�ny more cans. n�can limit foi• regular garbage,;bu� if:#here ;t�tu:k, buil�ing:muCerials ,Ontl �trings lfke that, he s�n learn what� #�ey ean and canna# put out. ° to��ave a'six �ig;;limft; but they'fpand they were b�e�use pecpte°fa�3aRed owt their�liags each week. t ge3 a11 ihe ba�5-et once and get ft over with. : �rs':ihought of t#� �nnSS burning faCfl�tfes. �it►e�: w1i1 cane sqm� day, when landfi"Ft° sites are �ny;trestrictios�s_o� the disposal ��' ir�te to the F r�f'.mass :burni�g 3� s#i11 tno higl�, �nd it is �.:.: � mass burn4ng f�t�t#9itfes wi11 qenerat�e power. � F.�ergy Ct�iss�Ort, stated Lhai ft+rnn what Itp has :T��fngs��a�rd i�a��s create the��ma�nrf�y �o�F the�� �u1�rs` prablem� .Gouid tfiere be so,� �Cind'vf , tfrefr leaves �d;put thefr 1as�n>q]�p�rir�s isa�k �� � tess on their �nr►�a1 bi1T7 tge mor'rthiy garb�e hauling bilt is° �8. Cb�ared ca�sidered a u�^C37ity, it is tFie lowe3t o�e � a#c+w dollars et�nually to Ise an fncentive, wou'td have to p1� a bi4 part fn tMis. ss peop�e ti3» 5 might be ertt>vgh irrc�tive in thet peaple v' �e �ags #bat ar� e�Pensft►�. �r.. nutU"6e #�ey , i� � not caApast. '., "} ' . . . . . , . . �tated:� ��r8��}��' �}'i�''� .H 3 }�il r. . �fia� � ��r,s�' �t► .. ��fan e�f^t�ie�c,Y at� ! �. 3a �e P�R�?� ��„ °.: � �r �. in �►11;�Ight d'Fstri�� =°'' ;�tas::a�d. �h�e ba�s ,of „� fil tie �1►e.p��� �i�t� �'.w�sy#yg�k�µt �ajfcp#,� t�,+cks ��� � � WFW F�XiRG�\ F .. �i � ) i. J �p�I i Y� �!�, S I.w�r � �RV�. � . �ayrl�a �..snaine} rliclr i�kftw. �€:i�se.Pt�€sR1e ���iv�s: :. ; t a r n �. Y � .(: � f � � � x } nA I : a y �NUiktN'1MENTAI' t�' C ��t�4�ETiN ` f"5 14$3 PAGE 8: � Mr. �avanda s#ated it'is su�^�risi� how many pepple da no# actually��Cnow whax ��i.r �rertuai garpage rates are.• ; _ Mr'. i�r�den ataied tb�t, re�rain "°the wear and bear bn the r�ads with the garbage � : �1^ucks, the tra��ers �1ear tl�at al�=,the time, t�ver� wktat about the tawn service Lrucks where 3-4 trt�ks may serirtce people ort t[te sa� streetl :There are many oiher trutks going � and tla�tn th� streets far purposes`oifier than garbage heuling. 1�~. Netsun stated thxrt dfs�rle�t� does not gt�re the Sma17 campany a chahce ta grar. Every hauler �ts a� h3s vr►n rate. If he was set up tn a d#sErict, he ��' t -, � have�io�add a tr�ck, a�lt� ��nnoi a�ford to��add�a firuck ri�qht now,` �� "� Mr. 5vnnda asked' the��fiau�e►'� what' recamiendat�rns they had fDr the �Coma►lssion ` ai triis �oint in tiak�. : tM. Kager, MoodTake '.�rtitar , Sta'�ed ihat ulti�ately thts is �► se}f-sotving probien+. -At sane paf'ht in �inie�.'�e landfills are going to tie c4st-prohibitive ttr will be farther att wfrtich wiT1 d9ctate the �eed for transfer stations which Mila nbke the eflsts � uR. As aka�e technotog,y fs developed regartlfit�g mass duMning. the prc�tslem is going � sbtve itsEif. As'markets for recyelabtes �ncrease and there is;a steady na�� be thoaght recycl9ng wri]1 happen, but not u�tiT then.`' t�r, tarry ?Saba asked if ti�e Caimission had tatked to ott►er cities abaut eompnsting, �te stated'there are a l�t of questions that Aawe':to be ansr�erpd ky talki:ng to a#fier peopie wtro have done �raposting. The C��,yr-oi Fridley ltias to ask tiwemselves „ihat if they do.not u3e the co�ppst, �►hat are �ey going to do w�th it? `It is important thai Lhe C#�.y g�t rid �� it once the� have it. He sta�ett ihey might want fo consider plor�ifi►g it und��`4 Nr. Svanda agr,eed wft�i Idr. �ba: ., -; Mr. NeSSon stated the `artly fi�►in�►_'tAe City can � 4s force the `pea�le to compost. The garbaye hauler ea�tnot da i�;;'�f the City Q�eides there shou)d be a charge or that the haulers s#oulti t�Dt talc� the )eaves ar� grass clippingS. �e;would go atong with ttiat; but �e hauters;cartnot make t�tcse rules. Tl�e hau3ers' rates eannot go down, becua�e ifre rat�s �re too low fi�►. Nr, Svanda st�ted-he �prect3#� Lhe hauiers L�liir�g the time to c� to this meeting;to dfudss th�se concerns. The Gommission rea7ly appr�ciatesl their - t�operat9an and i�put. The ts�arrti�sion members,�sa�! fourid these discu5sinns very worthwhiTe. a►�f he h�ed`'it h�d bsen worthwhile for the hauier3 also. !�. Warzien stated'he 'tfia�qi►t `t�e spoke'tor al1 the haulers in tiiat Lh�y ca� alt htlp each other. He s'Laft�! �re haped the CamnisSion would keep th� lfi:ne of cormuni- ' eatian open betveeen ti� Go�s'#�sion and the hau'lers arnf tfiat the Cbmmission wauld ksep thert+`informed. % � < k f, � ��cts. ; s. <: : h , � � . YT " �• { 2 i ' � ' � � � �, d�.,. � � � . � � � U � �. � �� �;��y���`��'�`#� _. /�'�' � � • �� � ` ,�:��� ! ��3 . � � �, �1�wI�� 3 '��( �,�/�� . . �.-�.r„} ,�,..,,, ` W6�,�'�.: .�-,�`'...6a ' 9s�� :sl % y � �c,r��=� � ���1-ai� y �. ����t i� i r ' ;// .f/ 7 , , �,�r ��l� f Y �� ��� ���-•— ��i -�i 5 ^ 1 ,r r-���" ,, �� �i� ' �.�Sew� ��-..�.�..�� 'f� � 9,f-s .9� ��,. . � � � ' � �:. d- %� � ,. �a � - �fy� �f " OZ�:, z � < {. _ . � � �'�j,�,�,���� � ; `A ��sb ��'�� r. �irr ��i- ���5 s'` y�'� -s4��i ,',� �: �a�=-� ��m71<,'' �.f'r`.�t'c�� �G=�u • p�/.�.���^*�—� �� 3�/ �' � r,J. J l�"Z' G,w- �:' y.2 ?—.3 if � � r. _ . �, - ; a , � � � r. ; .. � �� , : � . � � . . � i ' ... . � . �� ;� ' CITY OF fRIDLEY PLANNING COMMISSION MEETING, JULY 13, 1983 CALL TO ORDER: Chairwoman Schnabel called the July 13, 1983, Planning Corrmission meeting to order at 7:32 p,m. ROLL CALL: Members Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Saba, t4r. Kondrick, Mr. Goodspeed Members Absent: None Others Present: Jerrold Boardman, City Planner Bill Deblon, Associate Planner Leslie W. Wilke, 6061 Central Ave. N.E. Bob Schroer, 490 Rice Creek Blvd. APPROVAL OF JUNE 22 1983 PLANNING COM�ISSION MINUTES: MOTION BY MR, KONDRICK� SECONDED BY hIl2. OQUIST� TO APPROVE THE JUNE 22� I983� PLANNING COMMISSION MINUTES AS WRITTEN, UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED SHE MOTION CARRIED UNANIMOUSLY. 1. LOT SPLIT REQUEST: L.S. #83-03 BY LESLIE W. WILKE: Split off the nortiF—erly 75 fieet o�Tots T an ��Tock�oore Lake Hills (6061 Central Avenue N.E.) to make a new building site, the same being 6063 Central Avenue N.E. Mr. Boardman stated this request is to split the northerly lot from the southerly lot. He stated the lot split does meet all the code require- ments. The 7ot is 75.8 ft. wide and 122,2 ft, long, totalling 9,170 sq. ft. There is a$500 park fee required in a lot split. Mr. Boardman stated there was one concern raised by Staff in the last few days. According to city code, the shortest distance on a lot is considered the front yard,so presently, the front yard on Lot B faces Hillcrest, even though the address is 6061 Central. With the lot split, in terminology, the frontage of the lot changes. The front yard will now face Centra7, and what used to he the side yard will become the rear yard, The distance from the house to the lot line in the rear yard is 29 ft. The code calls for 30 ft, so there is one foot off in the rear yard, Ms. Schnabe asked about the existing garage as it will need to be moved. PLAMNING COM�ISSION MEETING JULY 13 1983 PAGE 2 Mr. Wilke stated he intends to raze the existing garage and build an attached garage. Mr. Boardman stated that if Mr. Wilke is going to attach the garage to the house, because this is now the rear yard and because of the setback requirement, he would need a variance. He stated that per city code, "A rear yard with a depth of not less than 25 percent of the lot depth is required, with not less that 25 feet permitted, or more than 40 feet required for the main building except as follows: Accessory buildings may be built no less than 3 feet from any rear lot line not adjacent to the street." Mr. Boardman stated that at this point in time, he did not think it was necessary to hold up the lot split because of this setback problem. There is enough land for the lot split, and the only problem is that, by definition, the side yard becomes the rear yard. There has to be some opinion made on it at some point in time; but by approving the lot split, the Planning Co�ission essentially approves the variance. MOTSON BY MR. KONDRiCK� SECONDED BY MR, OQUIST� TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST� L.S. �83-03, BY LESLIE W. WILKE� SO SPLIT OFF THE NORTHERLY 75 FEET OF LOTS Z2 AND 22� BLOCK 2� MODRE LAKE HILLS (6062 CENTRAL AVENUE�N.E,) TO MAKE A NEW BUILDING�SITE� THE SAME BEING 6063 CENTRAL AVENUE N.E.� ACKNOWLEDGING THE 29 FT, REAR YARD SETBACK. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CIIRRIED UNANIMOUSLY. Mr. Boardman stated Staff will discuss this and clarify the interpretation in the code regarding the setback for an attached garage. Mr. Boardman stated this lot split request would go to City Council on July 25. Mr. Boardman stated he would like to request that the Planning Commission amend the agenda to add a request for a special use permit by Mr. Schroer. MOTFQN BY MR, OQUSST� SECONDED BY MR. SVANDA� TO ADD AS ITEM (j2 R REQUEST FOR A SPECIAL USE PERMIT BY ROBERT SCHROER. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY, 2. REQUEST FOR A SPECIAL USE PERMIT SP #82-09i BY ROBERT SCHROER: Per Section 05.'10 , 3, , to allow t e erection of a 30 ft, by 45 ft, fire retardent tent,.for outside'display and sales, located on Cot l, Block 1, East Ranch Estates, the same being 7620 University Avenue N.E. PLANNING COMMISSION MEETING JULV 13 1983 PAGE 3 Mr. Boardman stated Mr. Schroer had come before the Planning Commission on Sept. 15, 1982, with a request for an outdoor frame-type structure to be used as a display area. The Planning Comnission approved the special use permit; however, a variance was needed for the setback from public right- of-way to where the actual structure was to be placed. There was no action by the City Council on either the specia7 use permit or the variance, and the request was withdrawn by Mr. Schroer, Mr. Boardman stated Mr. Schroer is now back asking for a modification to that special use permit to just erect a tent. The Planning Canmission did approve the special use permit last September allowing the use of an outside display area, only now the variance process is eliminated because there will not be a frame-type structure. Even though the Planning Comission did approve the special use permit last year, Mr. Boardman wanted to bring this back before them again so they could re-review it and have a chance to discuss it again. Mr. Schroer stated the special use permit was tabled by the City Council because he had discontinued the idea of adding on to the building. He is now back asking for a special use permit for the tent. He stated the tent will be about the same size as it was last year. The reason he is requesting a permit is because of a truckload garage sale the weekend of July 28-30. He stated h� has also had some interest from non-profit groups who would like to hold garage sales for fundraisers, and he does not have the space to accommodate them inside the building. He stated he would like to ask that the tent remain up until Nov. 7. During that time, the tent will be occupied by fund-raising groups, except for the weekend of July 28-30 when he will be using it. After the clubs are through, he will utilize the tent for apples, squash, pumpkins, etc. Mr. Svanda stated he remembered that last year there were some questions about adequate parking. Mr. Schroer stated that last year they really had no problem with traffic. He stated he does have some additional parking in the rear of the building, and on weekends, he has permission from Kennedy Transmission to use their parking lot. Ms. Schnabel asked what Mr, Schroer's long range plans were concerning the tent. Mr. Schroer stated he would probably put it up and take it down for the next couple of years. Mr, Boardman stated that if the Planning Commission does grant this special use permit, they may want to grant it on a continuing basis with an annual review by Staff or the Planning Comnission. This would allevfiate Mr. Schroer having to reapply for a special use permit each year. PLANNING COMP4ISSION MEETING JULY 13 1983 PAGE 5 Mr. Boardman stated this special use permit request would go to City Council on July 25. 3. C�NTINUED: REVIEW OF A PROPOSED ORDINANCE ADOPTING A NEW CHAPTER 101 MOTION BY MR. KONDRICK� SECONDED BY MS. GABEL� TO CONTINUE DISCUSSSON ON TXE NEW "ANIMAL CONTROL" ORDINANCE UNTIL 2HE NEXT MEETING. UPON A VOICE VOTE� ALL VOTSNG AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. � 4. RECEIVE JUNE 30 1983 PARKS & RECREATION COMMISSION MINUTES; MOTION BY MR. KONDRICK� SECONDED BY MR, SVANDA� TO RECEIVE THE JUNE 30� 1983, PARKS & RECREATION COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRWOMAN SCHNABEL DECLARED THE MOTION CARRSED UNANIMOUSLY. 5. RECEIVE JUNE 28, 1983 ENERGY COMMISSION MINUTES: MOTION BY MR. SABR� SECONDED BY MR. SVANDR� TO RECEIVE THE JUNE 28� 2983� ENERGY COMMISSION MINUTES. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Saba stated that the Energy Corrmission has only three members, and there seems to be some difficulty in finding new members. Mr. Oquist stated that on Oct. 7-8, the City is going to have a grand opening of the new Center City Plaza and the new Corrununity Park. He suggested that some kind of display be set up during that weekend to try and get some interest in city comnissions, Mr. Boardman stated that was an excellent idea. He thought it would be a good idea for each commission to set up a display and have it manned by a commission member. Ms. Schnabel requested that the Community Deve7opment Cortunission discuss this at their next meeting and come up with some ideas for commission displays for the Fridley Days on Oct. 7-8. Mr. Saba stated that he was also concerned about energy accounting. At the last Energy Commission meeting, he stated that he felt the City was missing the boat by not getting more involved in energy auditin9 and publicizing the results of what the City is doing in energy auditing. The City has some good PLANNING COMMISSION MEETING, JULY 13 1983 PAGE 6 programs available and they have some good data, but they have to get that data updated and publish the results. He had stated he would bring this up at the Planning Commission meeting to see what could be done to prioritize energy accounting in the City of Fridley. Mr. Saba stated he would like to see Staff input energy bills into the computer. He stated he has been told that Staff does not have enough time so they are not even getting a quarterly computer print-out to evaluate the effects of past energy improvements. He would like to ask the Planning Commission's support that Staff be allocated a little more time to put this data on the computer. Mr. Boardman stated they are limited on staff. Mr, Deblon has all the responsibilities that Kent Hill, Economic Development Assistant, had before he left the City, as well as the responsibility of code enforcement. However, they should soon be hiring a new Economic Development Assistant. He stated he had not been aware that this accounting was not being done. He stated he would do some checking on this and see if some staff time could be prioritized for energy accounting--maybe even having a student secretary input the data. 6. RECEIVE JUNE 28, 1983, APPEALS COMMISSION MINUTES: MOTION BY MS, GABEL, SECONDED BY MR, SABA� TO RECESVE THE JUNE 28� 1983� APPEAIS COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE JUNE 15, 1983, ENUIRONMENTAL QUALITY COMMISSION MINUTES: MOTION BY MR. SVANDA� SECONDED BY MR, GDODSPEED� TO RECEIVE THE JUNE ZS� 1983� ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. OTHER BUSINESS: a. Next Meeting on July 27 Ms. Schnabel stated that both the chairperson and vice-chairperson would be on vacation for the July 27th meeting. She stated that Mr, Kondrick had agreed to be the temporary acting chairperson. b. Fridley Days, Oct. 7-8, 1983 Mr. Boardman stated the City is going to have a grand opening of the plaza and the new Community Park on Oct. 7-8. Ne stated the clinic had its ribbon-cutting ceremony last Thursday, July 7th and is now open. Both the office building and the clinic will be taking part in this grand opening. PLANNING COMMISSION MEETING, JULY 13 1983 PAGE 7 ADJOURNMENT: MOTION BY MR. KONDRICK� SECONDED BY MR. SVANDA� TO ADTOURN THE MEETING. UPON A �ICE VOTE, ALL VOTING AYE� CHAIRWOMRN SCHNABEL DECLARED THE JULY 13� 19&3� PLANNING COMMISSION MEETING AA70URNED AT 8;45 P.M. Res ectfully su itted, � Lyn e Sa a Recording Secretary