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PL 07/27/1983 - 6819City of Fridley AGENDA PLANNING COMMISSION MEETING WE�NESDAY, JULY 27, 1983 7:30 P.M. CALL TQ ORDER: PAGES ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: JULY 13, 1983 1- 7 1. 2. rua�ic ntHkinG: HE UEST FOR A SPECIAL USE PERMIT SP #83-05 BY ROBERT KOHLS: Per Section 205.157b 2 to allow the construc tion of a 24' x 24' garage in CRP-2 zoning (flood fringe), located on Lots 20, 21 and 22, Block X, Riverview Heights, the same being 640 Cheryl Street N.E. 8 - 15 17 - 28 3. RECEIVE HUMAN RESOURCES COMMISSiON tlINUTES: JULY 7, 1983 SALF�N ^ 4. RECEIVE COMMUNITY DEVELOPMENT COMMISSION MINUTES: JULY 12, 1983 PINK � 5. RECEIVE APPEALS CDMMISSION MINUTES: JULY 19 1983 YELLOW �` 6. OTHER BUSINESS: ADJOURNMENT: CITY OF FRTDLEY PLANNING COMMISSION MEETIN6, JULY 13, 1983 - CALL TO ORDER: Chairwoman Schnabel called the July 13, 1983, Ptanning Comnission meeting to order at 7:32 p.m. ROLL CALLt Members Present: Ms, Schnabe), Mr, Qquist, Ms. Gabel, Mr, Svanda, Mr. Saba, Mr. Kondrick, Mr. Goodspeed Members Absent: None Others Present: Jerrold Boardman, City Planner Bill Deblon, Associate Planner Leslie W. Wilke, 6061 Central pve. N.E, Bob Schroer, 490 Rice Creek Blvd. APPROUAL OF JUNE 22, 1983, PLANNIN6 COMMISSION MINUTES: MOTION BY MR. KONDRZCX� SECONDED BY Mfi, OpUZSS, TO RPPROVE TXE JUNP 22� I983, PLANNZNG COMMISSION MINUSES AS WRSTTEN, UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED TNE MOTION CARRSED UNANIMOUSLY. 1. LOT SPLIT REQUEST: L.S. #83-03 BY LESLIE W WILKE: Split off the northerly 75 �eet�Tots T an �-�"�ore Lake Hills (6061 Central Avenue N.E.) to make a new building site, tfie same being b063 Central Avenue N,E. Mr. Boardman stated this request is to split the northerly lot fran the southerly 7ot. He stated the lot split does meet all the code require- ments. The lot 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 Central, and what used to be the side yard will become the rear yard, The distance from the house to the lot �ine in the rear yard is 29 ft. 7he 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, PLANNiNG COMMISSION MEETING JULY ]3 1983 PAGE 2 Mr. Wilke stated he intends to raze the existing garage and build an attached garage. Mr. 8oardmaa stated that if FRr. Wiike is going to attach the garage to the house, because this is now t�e rear yard artd because of the setback requirement, he would need a variance. He stated that per city code, "A rear yard wfth a depth of not less Lhan 25 percent of the lot depth is required, with not less that 25 feet permitted, or more than 40 feet required f�r 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 spiit, and the only problem is that, by definition, the side yard becomes the rear yard. There has to be sane opinion made on it at some point in time; but by approving the lot split, the Planning Corrrnission essentially approves the variance. MOTION BY I+42, RONDRICK� SECpNDED BY MR. OQUIST� TO RECOMMEND TO CSTY COUNCIL APPROVAL OF L(Yl SPLIT .REQUEST� L.S. 1U83-03� BY LESLIE W. WILKE, 20 SPLIT OFF THE 1dOR2HERLY i5 FEET OF ZATS 11 AND 12� BLOCK 2, MOORE LAKE H3LL5 (6061 CENTRAL AVENUE N,S,) TO MAICE A NEW BUILDING SITE� THE SRM$ BEING 6Q63 CENTRAL RVENUE N,E,� ACKNOWLEDGING THE 29 FT, REAR YARD SETBACX. UPON A VOZCE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED TXE MOTZON CARRIED UNANIMOUSLY, Mr. Boardman stated Staff will discuss this and c7arify the interpretation in the code regarding the setback for an attached garage. Mr. Boardman stated this lot split request wouid go to City Council on July 25. Mr, Boardman stated he would like to request that the Planning Comnission amend the agenda to add a request for a specia7 use permit by Mr. Schroer. MOTION BY MR, �1�UIST� SECONDED BY MR. SVANBA� TO RDD AS ITEM H�' A REQUEST FOR A SPECIAL USF. PERMIT &Y X08ERT SCXROER. UPON A VOICE VOTE, ALi VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTZON CARRIED UNANIMOUSLY. 2. Rr UEST FOR A SPECIAL USE PERMIT SP �i82-D9� BY REDBERT SCHROfR; Per Section �TOT, ,�to a low t e erectton of a 3a �y �5 ft, fire retardent tent,.for outside'display and sales, located on Lot 1, Block 1, East Ranch Estates, the same being 7620 University Avenue N.E. PLANNING COMMISSION MEETING JULY 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 Corrmission 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 special use permit or the variance, and the request wes 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 Commission 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 Plannin9 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 wi11 be about the same size as it was last year. The reason he is requesting a permit is because of a truck7oad garage sale the weekend of July 28-30. He stated h� has also had sane interest fran 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. 1. 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 Ke�nedy 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 Comnission does grant this special use permit, they may want to grant it on a continuing basis with an annuai review by Staff or the Planning Cc�mmission. This would allevlate Mr. Schroer having to reapply for a speciat use permit each year, PLANNING COMMISSI�N MEETING J�LY 13 1483 PAGE 4 Mr. Boardman stated a letter was written io Mr. Schroer on July 14, 1981, by Kent Hill, Econanic Development Assistant, outlining six code violations. Mr. Schroer made the foitowing comments regarding the six code violations listed in Mr. Nill's letter: i. Driveway entrance excPeds the max, 32 feet, (Mr. Schroer siated that was the existing code when the driveway was built. He was not in violation of any code on that.) 2. Provide landscape screening for parking lots located along Osborne Roaa and the West Service Road, (Mr. Schroer stated he would fight that because 90% of the commerciai areas do not have screening of parkin lots. He is aiso limited because of the St. Paul Waterworks.� 3, fencing needs to be repaired and property maintained. (Mr. Schroer stated the fencing has been repaired, The land- scaping has been fixed up and new rock put in,} 4. Outside storage needs screening from public view. (Mr, Schroer stated this would be handled with the special use permit.} 5, Black-topped areas need to be patched and properly maintained, (Mr. Schroer stated black-topped areas are patched every spring.) 6. 6" concrete curb and gutter needs to be installed around the entire parameter of the parking lot. (Mr. Schroer stated this was basically talking about the area between Kennedy Transmission and his parking lot. He stated one of the problems is the tremendous amount of drainage throughout the whole parking lot. Every time it rains, they have to patch the parking lot.) Mr. Schroer stated he knows that he responded to Mr. Hill's letter verbally and believed he had done so in writing aiso. MOTIOfJ BY MR, SABA� SECONDED BY MR. KONDRTCK, TO RECOMMEND TO CZTY COUNCSL APPROVAL OF SPECI�L USE P£RMIT REQUEST� SP $82-09� BY ROBERT SCHROER, PER SECTION ZO5.101� 3� O. TO ALLOW THE ERECTION Ofl A 30 FT, by 95 FT, FIRE RETARDENT TENT� FOR OUTSIDE DZSPLAY AND SALES, LOCATED ON LOT I, BLOCX 1, EAST RRNCH ESTRTES, THE SAME BEING 7620 UNIVERSITY AVENUE N.E. UPON A VOICE VOTE, ALL VOT2NG AYE� CHAIRWOMAN SCHNABEL DECLRRED TXE MQTION CARRIED UNANIMOUSLY. PLANNIN6 COMI4ISSION MEETING JULY 13 1983 PAGE 5 3. Mr. Boardman stated this special use permit request would go to City Council on July 25. MOTION BY MR, XONDRICX� SECONDED BY MS. GABEL, TO CONTINUE DISCUSSION ON THE NEW "ANIMAL CONTROL" ORDINANCE UNTIL TXE NEXT MEETZNG. UPON A VOZCE VOTE, ALL VOTING AYE, CNAIRWOMAN SCNNABEL DECLARED THE MOTION CARRZED UNANIMOUSLY. 4. RECEIVE JUNE 30 19&3 PARKS & RECREATION COMMISSION MINUTES: MOTION BY MR. XONDRICX� SECONDED BY MK. SVANDA, TO RECEIVE TlfE JUNE 3Q, I983� PARKS 6 RECREATION COMMI5SION MINUTES. UPON A VOICE VOTE� ALL VOTING AYE� CflAIRWQMAN SCNNRBEL DECLARED THE MOTION CARRIED UNANIMOUSLY, 5. RECEIVE JUNE 28, 1983, ENERGY COMMISSION MINUTES: MOTION BY M12, SABA, SECONDED BY MR. SVANDA� TO RECEIVE TXE �7UNE 28, Z983� ENERGY COMMISSIDN MZNUTES. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMQUSLY. Mr. Saba stated that the Energy Corrmission has only three members, and there seems to be some difficulty in finding new me�ers. Mr, Oquist stated that on Oct. 7-8, the City is going to have a grand opening of the new Center City Piaza and the rtew Comnunity 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 Development Comnission discuss this at their next meeting and come up with some ideas for commission displays for the FriQ}ey Days on aet. 7-8. Mr. Saba stated that he was also concerned about energy accounting. At the last Energy Comnission meeting, he stated tfiat he felt the City was missing the boet by not getting more involved in energy auditing and publicizing the results of what the City is doing in energy auditing. The City has some good PIANNING 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 P7anning 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. Ne stated he has been told that Staff does not have enough time so they are not even getti�g a quarterly computer print-out to evaluate the effects of past energy improvements. He would like to ask the Planning Corrmission's supp�rt 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 DeveTopment Assistant. Ne stated he had not been aware that this accounting was nat being done. He stated he would do sane checking on this and see if some staff time could be prioritized for energy actounting--maybe even having a student secretary input the data. 6. RECEIVE JUNE 28, 7983, APPEALS CaMMIS5I0N MINUTES: MOTSON BY H5, GA6EL, SECONDED BY AII2. SABA� TO RECEIVE THE JUNE 28� 2983� APPEALS COMMISSION MINU2ES. UPON A VOICE VOTE, ALL VOTZNG AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTIDN CRRRIED UNANIMOUSLY, 7. RECEIVE JUNE 15, 1983, ENVIRONMENTRL QUALITY COMMTSSION MINUTES: MOTION BY MR. SVANDA� SELI�NDED BY AL4, GOOASPEED� TO RECEIVE THE JUNE I5� 1983� ENVIRONMENTAL Q!lALITY COMMISSION MINUTES. UPON A VOZCE VOTE� ALL VOTZNG AYE, CHAIRWOMAN SCHNABEL DECLARED TXE MOTION CARRTED UNRNIMOUSLY. 8, OTHER BUSINESS: a. Next Meeting on July 27 Ms. Schnabel stated that both tfie cfiairperson and vice-chairperson would be o� vacation for the JuTy 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. He stated the clinic had its ribbon-cutting ceremony last Thursday, July 7th and is now open, 8oth the office building and the clinic will De taking part in this grand opening. PLANNING COMMISSION MEETING, JULY 13, 1983 PAGE 7 ADJOURNMENT: MO2ION BY MR, !(ONDRZCK� SECOND6D BY MR. SVANDA� TD AA70URN TNE MEETING. UPON A fOICE VOTE� ALL VOTING AYE� CHRIRWOMAN SCHNABEL DECLARED THE JULY 13� 19B3� PIANNING COMMISSION MEETSNG AATOURNED AT B:45 P,M, Respectfully su itted, t ,C�� yne'aa Recording Secretary PUBLIC HEARING BEfORE THE PLANNINr, COMMI55ION Notice is hereby given that there wi11 be a Public Hearing of the Planning Comnission of the City of Fridley in the City Hall at 6431 University Avenue N�rtheast on Mednesday, July 27, 19B3 in the Council Chamber at 7:30 P.M, for the purpose of: Consideration of a Special Use Permit, 5P N83-05, by Robert ltohls, pe'r Section 205.1576 (2j of the Fridley City Code, to allow the construction of a 24 ft. by 24 ft. detached garage in CRP-2 zoning, flood fringe, located on Lots 20, 21 and 22, Block X, Riverview Heights, the same being 640 Cheryl Street N.E. Any and a11 persons desiring to be heard shall be given an opportunity at the above stated time and place. Publish: July 13, 1983 July 20, 1983 VIRGINIA SCHNASEL CHAIRWOMAN PLANNING COMMISSIDN [3 � �, / : --f-: -* � -,�.�- �;.�. r . r.�;�,. ,,1� �t 8,�� f8 . .� t�� , / -... � .. e.. • , � �ny 'j .. . . l..f �r. "/'a7'�7 �. CtTY OF PRIOLEY� SUBJEC7 saa+ u�mvewsirr nve. ne. � � SPECIAL U$E PERMIT FAIDLCY. MN. 6543G (6'Gt{S'77-34C.0 _ . , .. � .. �. 0 sv ,e 83-05 ADDRESS_ _— �`sl� �' � C� t v-.�I � `:�� : . DATE � - � PIANNING C0141ISSION: P.N. DATE � APPROVED DISAPPR04ED .�� , DATE NO '>�i,= _ �. CI7Y COUNCIL: P.H, REQ'D ` �!'lATE • N� CI7Y COUNCIL: APPROYED DISAPPROVED____ DATE NO STTPULATIONS: ' .:.. .: STREET LOCATIDN OF � � n �" RECEIPT NO R ~I � , � LEGAL DESCRIPTION OF PROPERTY � . PRESENT ZQtiING CLASSIfICATION EXISTING•USE OF PROPERTY . ACREAGE OF PROPERTY �.�x } j O DESCRIBE BRIEfL� THE PROPOSEDr TYPE OF USE AND IMPROVEMENT Ga�u,2 �O�.�h�tb�a� av rZY_ss i'� _- Has the Qresent applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? __,yes _,Gno. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property Mithin 300 feet must be attached to this appiication. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the namQS and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must�be drawn and attached, showing the following: 1. Itorth direction. 2. Location of proposed structure on the lot. 3.' Dimensions of property, praposed structure, and front and side setbacks. #. Street names. 5. Location and use of adjacent existing bui]dings (withio'30� feet). The undersigned herebq declares that all the facts and representations stated in this application are true and correct. � DATE b - �,yj �,_� � SIGNATURE C . APPLIG N7 ( - 1 �l?� /�t �7 ADDRESS lY `') O� h�ww I�� TELEPHONE NO 7�i�i'�' SS . - - - - -- - --'----- Mailing List M/M Fred Larson 670 Dover St. M1M Robert Hill _ 7695 Riverview Terrace Scott R. Anderson 7921 Riverview Terrace M/M Clark Nason 614 Cheryl St. M/M Garland Lagesse 7951 Broad Ave. M/M Frank Shiemek 7901 Riverview Terrace Gordon Hedlund 1255 Pike Lake Drive New Brighton, MN 55112 M/M Jeffrey Lundgren J441 Riverview Terrace M/M Raymond Wafer 640 Dover St. M(M Robert Rugherford 610 Dover St. M/M Daniel Klingensmith 6b1 Cheryl St. Planning Commission 7/12 1� Arno Windsor b41 Cheryl St. MfM Robert Kohls 640 Cheryl St. M/M Kenneth Nivala 630 Cheryl St. M/M Gerald Kostohryz 609 Cheryl St. MJM R3chard Carlson 615 Cheryl St. Stephen Bren 641 Buffalo St. Carol Holm 581 Buffalo St. M/M Clarence Sharpen 611 Buffalo St. Bruce Thompson 630 Buffalo St. Teresa Gazda 627 Cheryl St. Ardath G. Fuehrer 620 Dover St. Earl Tatro 11530 Foley Blvd. Coon Rapids, MN 55433 ' � � � ° m ° � � � r � � � � � . ' . "_ _ _ _ _ _ ' . � �_ y t�__�1.�....+i r SPq83-QS Robert Kohls 11 �� . .. .: st� , , > . �,�„ f ir3a :r�l+ �' f ,. 12 SP #63-05 �. 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Y, _'_ _ ,-r- . _ ....._.�_...�__ _ .- P�• �� W�L• YYi `. u •�'. 'i.� . : �' ".,�c".z SP #83-05 Kohls F. C. JACKSGN u►►�o w�ev�rae �our�uo uwnae uw� o► n�n or �uw+nocw uwaiu n aeawwei w a�r oR rvannro�,s ibt{ EAiT BDiN iTR[ET rA. 4-46�1 ' . �rbtpot�Y i � , . 1 V C� `R 7 �n i! � / /i I t� �!7 ON ( W«� 5,%.. \''�. 1 ` 4 ,M • s ` , A , v ,• V " s 1 . � /�'�f � I s f 1� ' � �. ,� ` :� - l � _� 2s sp. I MiRUY Ci1�Ti►Y TMAT 7X[ AWY[ 1� A T AND 00111�tR R.�T OI A tURYt'f OF Lot� 21 +►� EE IIloak 7C itiverview gsiglite 1SB-58' 0� 3044 : ` 13 N / SCO/�' / _ ,?C o L'tr v �r: .,T� o «, As su�v[rro �v Yl TMIF--.4Q�_DAY 0/—.yp��_1.D._i0� �. � � � . i• S�a��o " _ �_�_ . �'�t;�_-=— F. C. J71CK50 . Miwr.[+o�• R[a�r �Tww, No. ;6Op / .... ..• .... � __ —�.W=�n��r � y — —SP -#-�3-D5--Koh-ls—_ __ _ --�� -- _- -- � 3 � � ' . _ _ — _ _ _ . _ --�._ _� -�__�.. _._._..._� 1 � —_ 7 � I •� e � � �� 9 � __. ...i._ ._._..___'_— " _ � ;i . � I .. . ___—_ I ,� � �� : -t-- -- ,- I3 . ._. _— . -. _' . 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F _ 1 . , i � Zo _ � a— — -- _� __ , I 30 I I _, i _ ' I � t ,_'y!i I ,��.�__y--,- I fl t � �„ � - i ! ,� ��. �—��_ _ _ . --{_ _ - � 33 . , y� � —'. —t�_ ' 1 . _ t I i .y}. __ � ' ' —I _ 3t �I � 1 �, <<� ��, I .I .__ _.� � 35 I.; �tl ,fl' ___y. . . � 36 � __ _ I i j^' j I , j i i ' ��. , __� { .. _._ ?i .J � I � � �� l � � � 3E i � � � �� .� � •,r -- _ II_ —__ " _ _ � i9 � I '. � _� � .��j ' � :L II � I � I ' —D � -�i - -_ : ��. .'. � � . i ,, --�-�-' y1 —� . - =�- - -'... � � T� I la , I, , —�+ i � -----t� -- ` � � – . � i , - --� � -�, -- - - . - i ; - _ � CITY OF COMBINATION FORM FRIDLEY ASSESSOR: LEON MADSEN DATE REQUESTED BY: FEE OWNER ADDRESS CONTRACT PURCHASER Robert and Patricia Kohl 640 Cheryl St N E Same Same SEND TAX STATEMENT T0: Robert a�d Patricia Kohl 640 Cheryl St N E Fridley, Minn 55432 15 June 21, 1983 PROPERTY IDENTIFICATION N0. PLAT N0. LOT BIOCK SUBDIVISION 03 30 24 32 013� 03 30 24 32 O133 57593 21-22 X 57593 20 X Riverview Heights Riverview Heights - S161VtU BY: FEE OWNER/CONTRAGT PURCHASER (Cross out inapplicable one} -FOR AUDITOR'S OFFICE USE ONLY ------------------------------------------------------------------------------------------ IS PROPERTY CONTIGUOUS YES OR NO DATE RECEIVED: CONTRACT INCLUDED YES OR NO FOR TAXES PAYABLE 17 QmII�IS 8J. ,. — 1983 � •., r,. , �• � r• �: : o •:, . �o-• � � : � : � �� •,� :n • a• • i: � i •: i :�� :. •� •� n�.• � �� r �•,r. :n � � : � i � :n � ; � : r.�. � . �:r • • n :; w •�►: �: �7�A1' : � �.. 'II�E QJUNCII, OF '1HE CI'I'Y OF E'FtIDLF.1' DC?ES ORAAIN AS F'OS.IlJWS: 101.01 DEFINIfiIOKS �e follawing definitions shall apply in the interpretation and application of this (]�apter and the following words and terms, wherever they occur in this Q�apter, aze defined as follows: 1. Animal. ��(pI� living creature Px ppr t� hL.„*�?n racp �t¢�X�¢ ¢f y6�Xg1. 2. Animal Control Officer. Any individual designated by the City to enforce the provisions of this Q�apter, including all City police offioers. 3. Animal Sheltec. Any prenises designated try the City fo� the puzpose of impounding and caring for animals held under the authority of this Chapter. 4'he facility may be awned by the City or may be a oontracted shelter servioe. A. PuLitt►�1 Tag. A tag �xwided to individuals who are issued a permit to maintain an animal. 5. Cat. Any aninal of the feline species. 6_ �al�or 'n+ ,r _ Fwerv act, d�ssion or neg]ect wherQb,y ��c�ssary or unjs�c�;f�able oain• _�fQr.iiL�l or 6oth �t�a_�b�causea or pe�; ttea. 7. Dog. Any anim3l of the caasine species, 8. Rennel. l�ny giaoe where three or more dogsr three or more car�oc a�v com�ination of three or more doas a.,� ��rc aze kept on the same ptemises. �fr sh 1; r of _�ygs or kittens m�v be ke,pt for a,�riod of six jj�_ months before be ing «,�,c;�r«3 ;n t1,P detArmirLation of �t�r or not a ke�ne� exis�. 9. Livestock. Hosses, cattle, goats, rabbits, sheep and fowl. 10. Peimit. �e authority to keep an aniral �g X}Se/ ��fyf�y{� $'1d��E� within the city of F[idley. 11. Pet Shop. Any petson, partnezship or oorporation en9aged in the business of breeding, buying, selling or boardi.ng an.imals of any species. 12. Veterinary Hospital. Rny establisMnent maintainea and operated by a lioensed veterinarian for the diac�osis, �Q and treaUnent of diseases and injuries of aninals, lal.o2. wa,n r��.s arro s�ns It shall be �mlawful for any person to hw�t, take, shoot, trap, kill, injure or attenpt.to injure any wild animal within the City of Fridley by use of a fireatm, bow and arrow, trap, poison or any othec means. This pcohibition, -� however, shall not prevent propecty owners or their agents from eradicating rodents on their ptoperty �roLah the u�� of tran�g�icnna nr other such 7B �l ana. ' 102.03. LIVf.ri1CXR OOtiII1fY. �, 1. Lioense Requitanent. 10 person shall engage in the ke .ivestock within the City limits of �license to do so. �Ri/1��1d/�Y�?-`�/K�� i��¢�'� (Ref. 86} .:. License Procedure. ? , caising, feeding or caring foz ev without first having obtained a A. A license to keep livestock shall be granted only after written application, signed by the applicant, and filed with the City. The application shall state the applicant's full name and address and contain a oomplete description of the livestock to be kept as to kind and number and a gT�¢¢y��pS�,i�i! �3te�l�n of the prenises showing the adjoining property, fence liries and livestock housing facilities, B. 1l�e Camcil, in considering whethec a license should be gtanted, may consider the nature of the livestock, the possible effect on adjoining pzcyperties, the fence lines, the housing facilities, the santitation control and the effect on the general health, safetv and welfare of the City. �3 19 3. I,ioense Fee. �,e annual lioense fee and expiration date for a livestock lioense shall be as provided i.n Chapter 11 of this Code. 4, Manute Renwal. Persons who keep aninals within the City shall not allaw any odors which are offensive to the people inhabiting the City such that t�heY const?tute a S�_ Organic matter shall not be allowed to accunulate for more than one (1) week at a time. Aowever, organic matter shall be renoved more often than one (1) time per week if it is r�ecessary to eliminate any odors �* cnnst+tute a n � ' ��ce 5. Housin9. Proper housing in the form of barns, 000ps oz hutches shall be provided in any area whece livestock are pezmitted to roam. Such housing shall be adequately fenced to insure that the livestock remain on the owner's premises, when livestock are kept in an area that abuts or adjoins a residential area on whic3i dwellings are erected, there shall be a strip of land at least thirty (30) feet wide between such abutting pzoperty and the area on which the livestock are kept. 6. 7n�rnction. Any authorized A�;*!ul c'nntr�t pfficet of the City shall, at any reasonable time, be permitted upon the prenises where livestock are kept foc the purpose of m3king inspection to detetmine oompliance with this Q�apter. 101.04. DOG OONIIt(I, it shall be i,mlawful for any person g'y�ch �n (t8I ve rs of ace oz o�der or for the parents oc guardians of any person undes eighteen (18) years of age who owns, harbozs or keeps a dog to allow su� dog to run at lar9e in the City. 7Y�e age of the dog is irrelevant �der this Section. 101.05. ANIMFI. NULSANCE Foz the purpose of this Chapter, an �fl6$ �� 1t� �IIiIDdl shall be deemed to constitute a nuisance when �; of ►,? ol�owj,pg c�nditiorLS exist ; 1. Rhe gT� �� ¢�f� �j,md1 is not confined to the owner's or custodian's ptaperty by adequate fencing or leashing. 2. 7Y�e ��` 1�L` �pj,n]dl is off the pranises of the ownez oc custodian and is not uider the aontrol of the owrei oz custodian bs* a leash. Such leash shall �at exceed eight {8) feet in length. 'lY�is provision is not applicable when ��l �C ��uj�1 is in a motoz vehicle. 3. 7Y�e �� ¢,�fi` �nimdl oonmits davnage to the person or property of anyone othec fihan the �wnec, or creates a nuisance, a- f�ed in th;s chap�r or in ChaDt?T S1_Qs�t►,P Git y+ C�e, upon the property of ore other than the owner. � 1�is ptovision is not applicable when the dog or cat is acting in defense of the owner, the awner's family ot the owner's psoperty. ,i,l!/�t�rd#� Vk/dsl�rl�5��lik�i�b��a'/�� '�l�'��l,�4�v"xS��l�¢X 4. A fe�ale ��{ ¢�C s'ttlimdl is in heat, off the premises of the ownec, tnless confined while being transported to or fran the prenises of the awner. �is prwision is applicable when a far�ale p1� �� s�;+�t is in heat and is on the pranises of the owner� but is not kept in a building or secure enclosure where it cannot be in contact with other males of its kind, excegt for plaru�ed breeding. 5. �he p� �it �' s�lli]L31 barks, haals, cries or yelps so as to unnecessarily disturb or arnay any person or persons in the vicinity theceof, �� y6}i�¢}i �X t��L'� �t�X �`�x�s�a` ��` L�X�� 1�#1�� o o t�rwise emi a so ��a ,. . � . . �: ..,- 6. 'lYie �T�� y'}(� �i�71 chases vehicles or otherwise interferes with pedestrians, autunobiles, bicyles, rootorcycles, motoc bikes or snowmobiles on public streets, alleys, �`�}lpfyT¢, RL r� s or hic�ways. 7, whPre,s�ired, the pT� ¢� ��X 3nimal has not been vaccinated against sabies within the preceding two (2) yeats. �i,l//�i//�.�'��¢�/�64'f�ld/k�b.�/d'd@IXX�//blfri,�fa't'/dA�sd�l,b�b'/��'�d �� #��/��A�'��h'X�tt/bf/�4'�/��`�+��/1��/�1/�tA,��4�`%�� 8. R4�ree (3} or more dogs, three (3) or more cats �_,�qy c-��n� +on of three _( 1 orsppre dog�and cats are kept on the same pzemises, unless a kennel license is obtained in the apFxopri.ate zore for that use and the zequizements of Section 101.15 aze oanplied with. g,!/11�J{,�i�6rV�rf�l�(r(�f/Ad,�l��lf�i�/�6�t�(i'i�/z1(6lk��/6�/z�/�i�/6�/�IiAX�f! 101.06. D()G RHGLS'1RATL[J�7 1. Permit. A. No person shall own, keep oz harbor any dog over the age of six (6) months within the City unless a permit therefor has been secured. Permit certificates shall be issued by the City upon pzoof of iabies vaccination within the preceeding two (2} years. Issuance of new permits for the license year shall oanm�ence as set forth in (]�apter 11 of this Code. in Aptil of each year, the City may publish notioe in the official newspaper of the need to Fey such pecmit registration fee. 21 S. The applicant for permit must sign and agree that he or she is prepared to canply with regulations established by the City. It shall be the duty of each person owning, keeping or harbocing a dog to pay the permit fee established by the City on or before the f irst day of the permit year, or upon establishing residence in the City. Upon payment of the permit fee, the City shall execute a receipt in duplicate, the original. o£ whici� shall be delivered to the person who pays the fee and the duplicate retained in the City records. At a minimum� the receipt shall describe the dog as to breed, age, wlor, aarer and o�wr�er's address. C. No permit shall be required of any hurane society, veteri.nary hospital or laboratory. 2. Tag. A. In addition to the pesmit, a tag, the shape or oolor of which shall be differ�t for each registration year, shall be issued by the City. The owner shall affix the tag, by a pern�anent metal fastener, to the collar or harness of the zegistered dog in such a manner so that the tag may be seen. �e c�aner shall see to it that the tag is constantly worn by the cbg, In case any tag is lost, a duplicate may be issued by the City upon cepresentation of a receipt shoaing the payment of the peLmit fee for the current year. A chazge, as prwided b� Chaptez 11 of this Code, shall be made foc each duplicate tag. If at the time of initial registtation a dog is due to be vaccinated within the next six {6) month pesiod, then a new vaccination shall be cequized before a permit is issued. H. It shall be imlawful to counterfeit or attenpt to countezfeit a dog tag or take fcan any dog a tag legally placed upon it by its owner with the intent to place it upon anothec dog oc to plaoe such tag upon anothes animal. C. Dog tags shall not be transferable and no refi.mds shall be made on a permit fee because of leaving the City or death of the dog. 101.07. R�UOCATDON 1. An aninal permit ttay be revoked if: A. 7Y�e person holding the permit refuses or fails to comply with � �ovisions of this Chapter, any other regulations pranulgated by the City or any state or local law governing cruelty to animals or the keepin9 of aninals. B. An owner fails to provide the animal with /S�d��,id,i�yfY ��1 �i� J�1'�6X�g¢� aecpssarv food, water, shelterr 1��`�Yk�1�� t�� l'S� s��YH¢t' veterinary care and h�mane care and treatrnent. C, An aaner overdrives, oveLloads, oveiwozks, tortures, ill threats, tp[�'its. neqle.^`,,$, ��^iustif;ably ;gjuYes, m3;ms, mnr;larPC or cru ��y wo ks a� a�imai n ��f<t o ti rnr, os otherwise abuses any anim3l. D. An ownez causes or petmits any dog fight, cock fight, bull fi9ht or otk�er oombat betwec�n animals ot between animals and h�anans. 22 E, An owner violates the te�s of this Chaptec tiuee (3) times within ore (1) pecmit yeat. 2. Any person whose pesmit is revoked shall, wikhin fifteen (15) days, canwe such animal(s) petmanently fran the City or hia�nely dispose of the animal(s) cited in the violation as bein9 ownedr kept or harbored by suci� person and no part of the permit fee shall be refunded. In addition, the owner may be liable to oouct action iaxier this Code, State Statukes azx] local laws for any of ti�e actions cited above. 3. If a permit is reuoked, no r�ew peimit may be issued for a period of one (1) year from date the pernti.t is revoked. 101.08. F�T�OtiS �,e section of this Chapter cequiring a permit and tag shall not apply to norr zesidents of the City who are keeping only domestic pets, provided that the anirn3ls of such o�wners shall be kept in the City no longeL than thirty (30) davs and the animals are kept ta�dec restraint. �j;¢J�71¢}!jC¢jC�yf�/�XlXyfjf¢ non-reGi � � �� e�. 101.09. Pffi �e annual permit fee and expiration date shall be as provided in Chapter 11 of this Code. Neuteced oc spayed animals shall qualify foi a reduced permit fee as provided in C�apter 11 of this Code. 1O1.1Q. II+1P0[IDIDII� 1. Generally. A. RYie Animal Control Officer shall take up and impound any animals r�,iring permits or tags found in the City without the ta9s; or any anim3l.s which aze in violation of any of the other provisions of this �apter. Anim3].s shall be impoiuxied i.n an animal shelter and wnfined in a h�anane manner, impoimded ani�ls shall be kept fot not less than five (5) days, including S�mdays and Holidays, imless reclaimed by their owners. B, If an animal is found at large and the owner os custodian can be identified, the Anim31 Control Officer may proceed against the owner for violation of this C7�apter. C, The Animal Contaol Officer may enter upon any public or private prsnises by warrant or as otherwise provided by law when such officez is in ceasorable pursuit of his ot hei duties. A. Upon taking and impounding any ani�l as provided in this (2�apter, the Animal Control Offioer shall inmediately notify the owner, if known, and the City Poiice Depari�ent. The Animal Control Officet and Police Departr+�eret sbail maintain a reoord of anirmis so impounded. 2. Qaimin9 an Impounded Aniiml. 23 A. In the instance of animals for ahich the owner does not have a required permit or tag, tiie Anirtel Crntrol Offioez shall not return such ani�l. to the owret tmtil a permit and tag have been purchased from the City or fran the Aninal Control Offiaer. �e Aninel Control Offioer shall renit to the City tk�e sua paid foc the petmit azx]/or tag �f ,i� ,t� �j(yf�� r� 1��`�� R t10��¢$ 1�-`��i JK� �f�X �� ,�� and furnish the City with all necessary information pertaining to said purchase including a oopy of any petmit oertificate issued in wnnection therewith. 8. 7Y�e Animal Control Officer shall be paid by the animal's owner an fmpo�mding fee 1SXXJ� �� 1�� `R��t`� ��1` �ft`}S �1�J� 1`}'j¢ �� }` 1�i��A�X 1� ��'yf¢�l ,i'yf �jS¢ ��(yI�T. The Aninel Control Offioer shall turn over to the City any impo�ding fees reoeived. The City shall place such fees in the general fund of the City. C. If a rabies vacci.nation is required and the ownec cannot produce proof that the anim37 has had a rabies vacci.nation within the preceding two (2) yeazs� the Animal Control Officer shall vaccinate such dog or other anim3l for rabies as a condition of release to the ownec. The animal's owner shall g�y to the Aniiml Gontrol Offioer the cost of the imnw�ization. D. �e Animal Control Officer shall be paid by the animal's ownet the cost of feed and care for each day the animal is vonf ined in the �yiyt�l n; 1_ shelter. 3. [ficlairned 7mpotmded Animals. Any animal which is not claimed within five (5) days after having been impounded, including Simdays or Holidays, may be sequested 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 aomault of the tatal charges accrued against the animal in acoordance witi� tl�e provisians of this Chapter. All sums received by the Ani�l Control Offioer, P.�gt the cnst of feed a*?� c?re ��7 am= vac �na�onG � imn,ni�ati G a ini rQd to ��,�� Shall be rAnittE�.i t0 th2 City Md plaoed into the gereral fiu�d of the City, Any anim�l whid� is not claimed by the owner, a lioensed educstional or scientific institution or sold, shall be painlessly put to death and pzoperly disposed of by the Animal Control Offioer. 1Yie time of sale or other disposition of the animal shall be at least 120 hours after notice has been given to the animzil's owner by the Aninal Control Offioer. The ptovisions of notification to the owner do not apgly when the aaner cannot be reasonahly asoertained. 101.11. ANII�I. BI7F5, Q[IARF►t�l�II� 1. Ar►y person knowing of a h�aran 6eing bit by a dog, cat, racoon, skunk or other species susceptible to rabies shall immediately notify the Animal Control Officer or Police Deg3rtment. id�enever such an animal has bitten any person, the owner or custodian of the animal, }I�(�i��f� �¢¢yf after beina so notified by the Animal Control Officer ot the Police Department, shall immediately cause said animal to be quarantined at the City of Fridley c:ontract ►C�yfp(�X �11C'�1�YI� a^imai �lt _r or at a licensed veterinary hospital or kennel fo� a period of foutteen (14� days aftez such person has been bitten. Duzing the quarantine period, said animal shall be kegt undez observation to determine its condition and if it is found to be sick or disease8, the vperator of t2�e quarantine facility shall i�nediately report in writing to the Police Departinent and the Fridley Anim31 Control Officer, the oondition of the ani�ral. ZT�e Arw�l Control Officer shall then take necessary steps to determine if the animal is suffering fran tabies. 2. During the quarantine peziod the animal shall not be removed from the desic�ated quarantine facility except by special written permission from the ltinnesota Livestock Sanitaty Board and the Fridley Animal Control Officer. �e owner of an aninal shall be responsible for the cost of quarantine. The quarantine required by this section shall not be necessaiy and the cequicements shall be waived if the custodian or owner of the animal, i�m�eciiately upon �R��1� �� 1� 1'�� 1��R¢�`�R� �� 1�J�� not; ; a i4u th�t h� s or her aniW 1 h� bitten �ne._ presents to the Animal Contro2 �fficer or Police Dep3rtrnent, the certificate of an authorized veterinarian that the animal was vaccinated for rabies on a date not less than two (2) years prior to the date of �s� ,��x3¢¢ r-he b�ttina, Such animal so exempt shall be quaiantined on the prenises of the owner. �der strict control, for a period of fourteen (14) days for the purpose of observation for symptans of disease. TY�e Anim�l Cor�trol Offiaer is authorized to conduct a mid-term and terminal ex�nination of the anim3l. 3. It shall be imlawful for any person, othez than an Animal Control Officer, to kill or destroy any aninal. found riaunng at large in the City. No Animal Conttol Officer oi other person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quaeantine and t2ie diac�osis of sabies macie, 301.12. VICIAUS ANII+�IIS ,�b person shall keep or allow to be kept ��iX�i `�.¢ in the City any animal of a vicious character, habit or disposition or any anim�l wild by nature. l3ny dog ' or other anun31 shall be deened to be vicious upon the occurcence of two {2) � bites within 365 calendar days excegt those occurring in defense of the owner �,r the ownec's psopetty. Opon corrviction for the violation of this section, he Court may in addition to imFosition of sentence, direct the Animal Control �'�ffioer to take the ani�l in question into custody and forthwith dispose of .. �$� 1� i� � R��1��J� 1�� 1�'� ��'I� �� T'�`�P1X�� 101.13. fJOMPf3�II+TJS P,ny person aomplaining to the Polioe Department that an animal is alle9edly running at large or othecwise oonstituting a danger or nuisance shall identify himself or herself upon request and shall make every reasonable attempt to assist the authorities in identifying the animal and its owner or custodian. 101.14. MU2ZLIIT � Whenever the prevalence of hydrophobia cendess such action necessary to protect the public health and safety, the Mayor shall issue a proclamation �rdezing every person owning or keeping �i � an �,��1 ��m+nip rn rahies to oonfine it secnrely on their premises unless it is muzzled so that it cannot bite. No person shall violate the proclaonation, and any imnuzzled dog running at large during the time fixed in the pcoclamation shall be 24 e�.� imnediately put to death b� the Ani�l. Control Offioer without notice to the aaner. 101.15. I�B 1. Lioe.nse Requizenent. No person shall keep or maintain a kennel in tihe City except apon obtaining a kennel license consistent with the zoning requirenents of this Code. 2. Lioense Application. Application for a k�uiel lioense shall be made on forms prwided by the City. Such application shall o�ntain the following information: A. Location, m the prenises, of the kennel. B. Location of structures for housing the dogs and/oz cats. If the dogs and/or cats are to be kept prun3rily within the hane or other building of the residence of the applicant or of any other person, the application shall so state. C. 7t�e maxi�nsn nia�er of dogs, cats or any combination thereof, to be kept on the prenises. D, Rhe distance af any dog zuns or housing for dogs from any building structures suitable for hunan habitation, or a public place where food is bought, stored or eaten. This distance shall be a minimian of 200 feet. E. 7Y�e prenises for ariy keeping of dogs shall be fenced and a simple plan showing the location of fencing shall be furnished. The fencin9 must be of such quality � j!� and ian � t►+?t it wil� contain the dogs and/oc cats. F. Method to be used in keeping the prenises in a sanitary oondition. G. Method to be used in keeping the dogs and/or cats quiet. 6. An agceenent by the applicant that the pr gnises may be inspected by the City at all reasonable times, 4. Issuance of License. The City shall have disccetion in determining whether or not to issue a license. In making such determination, the City shall take into consideration the adequacy of the housing, the runs for the animals, the method used for sanitation, the method used to keep the animals guiet, the facilities for oontaining the animals and with perticularity any violations during the previous license period. 5. Rennel License Fee. The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 26 6. Lioense Revocation. If a license is granted and the apglicant thereaftez fails to canply with the statenents made in the apQlication ot any other condikions reasonahly imposed, or violates any oYhez piovisians of this Chapter, the licensee shall be ratified by msil and given ten (10) days to z�nedy aay defects oi defaults. If such corditian is not zemedied in ten (10} days, a hearing shall be held after at least t� (10) days mailed notioe to the licensee, and the licensee arxi all other interested parties shall be heazd. If it shall appeaz that said kennel is not being propezly maintained, the City may cevoke the kennel lioense and the keepinq of three (3) or more dogs, thtee (3) or more cats, or any oombination of thsee (3) or more dogs and cats shall be iimnediately discontinued. r,v�a��ri�,�� zxi�►c�xn�i,�rx�x,�rx��i��c�,�,��i�ai,�i�t✓�t�ri�,ti��i�r¢i��zr�,�.r 7d!//1�X6r6I�Nf/��k�d/K6/i4E/KE1�f`/ii�/�/rL�rti�/�z"/x�fY��XX�II�d�t�X�6�1 f�!//��f/�ff�X/r�t.`�U///!/ �l/1KXX�A/f��/��/��/�Y�/X�/l6�X¢I6�'I��`X�'fab'��r�k/�4�'�1'�f/bN,bb'/dYf X�e/l��d��• . _. , .. !� __!� // _--'/ I? , 101.16. ANIMAL OJNIIbCi. OFFI(EEt 1. AppoinUnent. The City may appoint such person, Qersons or firm as the City may deem necessary and advisable as Animal Control Offiaer. SUch appointees shall work nnder the supervision of the Fridley Police Department and shall be responsible for the enfozoesnent of this Chapter. 2. Duties. Anine], Control Officers are authorized to enforce the provisions of this Q�apter and other related ordinances, Chapters and statutes pertaining to ani.mal oontrol, including the issuance of citations, 3. Unlawful Acts. It shall be unlawful for any unauthorized person to break into an animal shelter, or attanpt to do so, or to take or set free any animal taken by the Anim31 Control Offioer in the ��i�Jlf� Q�fnr -omont of this Chapter, oc in any way interfere with, hinder or molest such Offioer in the discharge of his ar her duty ia�der this Chapter. 101.17. C�ARD DOGS 1. Businesses located within the City and maintaining a guard dog for security puposes shall post notioe at the entrance to the pcenises warning of the Fsesence o£ said dog. 2, Busisiesses maintaining a guaid dog shall file with the City a release authocizing the police or fire departnents to shoot said dog in an emergency situation, if necessary, in ordez to allow the police oz fire fic�ters to gain acYnittance to the premises in the perfornance of t2�eir duties. 101.18. SF�EII�T EYE C10('� Whenever a blind person acmm�nied � a"seeing eye" oz guide dog pzesents himself/herself for accon�nodation or service on any public oocrveyance vehicle or to any cafe, restaurant, store or otJ�er place of business open to the public, it shall be �mlawful for the proprietor, iranager or operator of such vehicle or place of business to refuse aclnission to the doq or service to the blind person. 101.19. CRi]II.TY RD ANIl+�1S 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. RII.ATIt7ti 'lb 0� LAW �e pzohibitions contairrd in this (2�aapter shall be in addition to any State or Federal law zegasding the sazne or related subjects. 101.21. PE[�1LT� Any violation of this Chaptec is a misdaneanor and is s�ject to all penalties prwided for such violation �u►der the ptavisions of Chapter 901 of this Code. ppSSED At�ID ADOPTID BY �iE CITY O�UNCIL OF gIE CITY OF FRIDLEY '1f1IS ^ �A1' OF , 1983. WIIS,IAM J. L�E - 1�YUR ��a� �— 27 = CITY OF FRIDLEY HUMAN RESWRCES COMMISSION MEETING JULY 7, 1983 CALL TO ORDER: Chairperson Goodspeed called the July 7, 1983, Human Resources Comnission meetinq to order at T:30 p.m. ROLL CALL: Members Present: Brian Goodspeed, Robert Minton. Peter Tre�enfels, Mary van Dan. Barbara Kocher Me�ers Absent: Others fresent: None Bill Hunt. Personnel Officer/Administrative Assistant APPROVAL OF JUNE 2, 1983, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY lfX, TREUENFEIS� SECONDED BY XRS, XDCHER� TO APPROVE THE JUNE 2� 1983� HUMAN RESOURCES CCIMMISSION MINUTES AS WRIR'TEN. UPON A VOICE VOTS, ALL VOTING AYE, CARRZED UNANIMOUSLY. I. OLD BUSINESS: GOOASPEED DECLARED THE MOTION A, Oiscussion of Waiver Form for No-Fault Grievance Procedure Comnittee Mr. Hunt statecl the Commission had asked him to present the waiver form to theCity Attorney for his review. The City Attorney had no problems with the legality of the waiver form. Mr. Hunt referred to Dage 28 of the No-Fault Process Manual. Exhibit B, "Grievant Inforniation Sheet", paragraph 2, which stated: "The grievance process Nith the camnission should take place within four (4) months of the date of the alleged discrimination practice. If after four {4) but before six (6) months the matter has not been resolved, you should consider filing an official charge of discrimination against the respond- ent Kith the State Department of Husian Rights in order to protect your rights. The Cartmission with whom you have worked will assist you in this qrocess." Mr. Hunt stated the City Attorney felt the last sentence should be deleted, because it appears to be inconsistent with the waiver form, The thinking was that if during the process, the commission is trying to be neutral and then tells people that if the process doesn't work, the camnission is going to help them with the appeal to the State Department of Human Rights presumes that same kind of assistance is being given to the appellant. HUMAM RESOURCES COMMI55ION MEETING JULV 7 1983 PAGE 2 Mrs. van Dan stated the only real assistance the Commission would 6e giving was to refer them to the State Department of Numan Rights and give them the telephone number. Mr. Nunt stated Lhat Jim Phi7lips, Legal Intern. felt the waiver form should be dated, Mr. Treuenfels stated the No-Fault Process Manual came to the Commission from the State Department of Human Rights; and as far as the suggested sentence de7etion made bv the City Attorney. the Commission could discuss it with the State. Mr, Treuenfeis stated the only thing required by the State Department of Numan Riqhts is a quarter]y report on the number of cases the camnittee hears, the number of cases that are settled, and the number of cases that are sent on to the State Department of Human Rights. Mr. Treuenfels stated that turrenL7y there are three people (Mr. Goodspeed, Mrs, van Dan� and himselfj who have attended the training sessions. The next training session is Sat., July 16. He stated he is looking for 6-8 volunteers for the carmittee so there would be enough people to take turns hearinq grievances. XOTION BY NR. TREUENFELS� SECONDED BY XR, IYINTON� TO APPROVE THE WRIVER FORM WITN TNE ADDITION OF A DATS. UPON A VOICE VOTE, ALL VOTING AYE� CNAIRPERSON GOOASPEED DECLARED THE NOTION CARRIED UNANIMDi1SLY. B. Discussion of Yolunteer Recognition and Coordination Mr. Hunt stated he has attended a meeting of the Volunteer Coalition of Anoka County. He stated this is an organization that Mar.y Cayan is invaTved in, 7his meeting was basically to give various people the opportunity to listen to service organizations that work in Anoka County. By the end of the calendar year, there should be a pretty good list of valunteer organizations that have a pretty responsi6le approach on how to manage voiunteers, Mr. Nunt stated the Coalition is trying to identify the responsible organizatians they could recommend people to participate in. Ne stated there Were sane people from RSVP (Retsred Seniors Volunteer Program for Anoka County} were quite interested in developing a 1/2 hr, video tape presentation on volunteerism in Anoka County which could be used on cabTe TY or as presentations to various organizations. Mr, Hunt stated they offered the help of the Lity's cable TV personnel, Mr, Hunt stated there appears to be a fairly good nucleus of people interested in sane kind of coalition that will identify the type of volunteer organizations that are available and would enable the Cortenission to plug into. He stated the one thing the Coalition probably would not HUMAN RESOURCES COMMISSION MEETING JULY 7 1983 PAGE 3 be able to help with would be for the need for people to shovel snow for the bandicapped and elderly in the wintertime. ite stated this need has been expressed by the City Manager. Mr. Hunt stated the Carmission could identifv various areas of need and then work with the tiolunteer Coalition to match needs with organi- zations willing to handle those needs, � Mr. Treuenfels stated that since snow shoveling has been clearly identified as a need� they should take a look at that, They could check with the Fridley Ministerial Organization to see if this need is being taken care of for congregational members. If so, they could see about taking care of others through another organization. Mr, Minton stated he would not want to limit the Commission's efforts just toward those kinds of graups. He would like to publicize it so that churches or anyone else utiiizing volunteers or anyone who is a volunteer could somehow 9et into the process. Mr. Minton stated that some groups already have their own volunteer recognition events. He knew that RSYP and Red CrosS do. He stated it would be nice to know which groups do and which groups do not. Mr, Goodspeed stated this item would be continued until the next meeting when Mrs, van Dan would have a plan prepared for a volunteer recognition program, C. Status Report on HUD Grants AL the last meeting, the Comnission members had asked Staff to obtain some information on the status of the HUD CDBG monies and to find out whether any of this money has been dedicated for the use of possible low iaterest loans for handicapped accessibility. Mr. Hunt stated he has talked to Mr. Boardman, and there is about $17,D00 available in CDBG monies. Sane of this ttroney has been committed but needs final approval by the City Council. Mr. Boardman had said he felt the City Council witl have made their final determinations and will be start- ing to take requests for proposals some time in August. Mr, Hunt stated it is really premature at this time to discuss how the monies will be distributed; however, some funds have 6een dedicated for )oans for handicapped accessi6ility. Mr, Treuenfe]s stated he wi11 be meeting informally with Mary Cayan and Sharon Coleman, 5tate Representative, on Wed „ July 20, at the Shorewood Inn at 17:45 a.m. He stated they wiSi be discussing what the City is daing, what the County is doing, and what cooperation there can be 6etween the two in the areas of human rights and housing, Any Comnission members who wished to attend this luncheon were welcane. HUMAN RESOURCES COMMISSION MEETING JULY 7 1983 PAGE 4 D. OLher Old Business: 1. Report on Sortie Minutes - Mar.y van Dan Mrs, van Dan stated that in May a group of Human Rights Gortmissions in the North Suburban area decided they wanted to get together. Invitations were sent out to Arden Hills, Colur�ia Heights, Coon Rapids, Cnttage Grove. falcon Heights, Fridley, Roseville, Maplewood. New Brighton, and the North Suburban Area Chamber of Cortanerce. The group that got together decided to sponsor an informa] loca] work- shop similar to one held in Bloomington in May. Mrs. van Dan stated that in June, representatives from New Brighton� Arden Hills, Fa]con Heights, Roseville, and the State Department of Human Rights, and Columbia Neights had another meeting, At this meeting, they established the program for the fall workshop. Mrs, van Dan stated the next meeting was on July 6. 5he stated she has always received these minutes after the meetings have already been held, She stated the point was that Fridley was originally invited to be part of this and the Commission has not yet been present at any of the meetings, She felt it might be appropriate for the Camiission to be represented at a future meeting. 2, Report on the 12th Annual Meeting of the League of Minnesota � Human Riqhts Canmissions� July 17-18 - Peter Treuenfels Mr. Treuenvels stated he did attend this meeting� and he presented a written report to the Cortmission. lNOTSON BY 1�2, MINTON� SECONDED 8Y MRS. 1COCNER� TO ACCEPT THE REPORT FROM ,�2. TREUENFEZS ON THE 22TH ANNUAL NEETTNG OF TNE LEAGUE OF NZNNESOTA HUMAN RIGHTS COMMZSSIONS A1JD TO CANMEND IIR. TREUENFELS ON THE PROSE AND TNE CONTENT OF THE REPORT. UPON R VOZCE VOTE� FOUR MEMBERS VOTING AYE, TREUENFELS ABSTAZNSNG� CHATRPERSON GOOASPEED DECLARED THE MOTION CARRIED, Mr, Treuenfels stated that in his report. he stated that Sharon Provart. Director of their District (Fridley, Columbia Heights. artd Goon Rapids), suggested that Columbia Heights, Fridley, and possibly Coon Rapids might want to meet jointly to discuss comnon interests, He stated a more simple way of doing that would be to attend the workshop Mrs. van Dan had talked about earlier, Mr, Goaispeed stated Mr, Treuenfels had handed in a receipt in the amount of $47 for his expenses in attending the League of Minnesota Human Rights Commissions meeting on July 17-18. The Comnission had approved a E32 cost for Mr. Treuenfeis to attend this meeting. HUMAN RESOURCES COh1MISS10N MEETING, JULY 7, 1983 PAGE 5 MOTION BY !!R. MZNTON� SECONDED BY MRS. XOCH&R, TO ACGEPT TXE RECEIPT FRON ldFi. TREUENFELS AND RECOMMEND NE BE REINBURSED FOR S32 FOR THE COST OF ATTENDING THE Z2TX AMNUAL LSAGUE OF MINNESOTA 6UMAN RIGNTS COXalISSIONS 1�ETING. UPON A VOICE VOTE, POUR I�MBERS YOTING AYE� TREUENFELS ABSTAINING� C1IAIRPERSON GOODSPEED DECLARED TAE MOTIDN CARRISD, AOJOItRNMENT : 1NOTION BY MR. TREUENFELS, SECONDED BY lFLS. KOCHER� TO AATOURN TNE 1N£ETING. UPON A VOICE YOTE� ALL VOTSNG AYE� CHAIRPERSON GOOASPEED DECI.ARED TXE JULY 7, 19B3,. HUNAN RESOURCES COMMISSION JNEETING ALUOURNED AT B:30 P.M, Respectfully s bmitted, ' ' --CLi y e Saba Recording Secretary CITY OF FRIDLEY COMMUNITY DEVELOPMENT COMMISSION MEETING JULY 12, 1983 CAIL TO ORDER: Chairperson Oquist called the July 12, 1983, Community Development Corrmission meeting to order at 7:40 p,m, ROLL CALL: Members Present: LeRoy Oquist, Ken Vos, Carol Fassett, Louis Schmidt Members Absent: A1 Gabel Others Present: Mark Burch, Asst. Public Works Director APPROVAL OF �UNE 14 1983 COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTIQN BY MR, SCHMIDT� SECONDED BY DR. VOS, TO APPROVE THE JUNE 19� I983� COMMUNITY DEVEIqPMENT COMMISSION MZNUTES AS WRTTTEN. UPON A VOICE VOT6, ALL VOTING AYE� CHAZRFERSON OpUIST DECIARED THE MOTION CARRZED UNANIMOUSLY. 1. DISCUS5ION OF "TRU7H-IN-HOUSING" PROGRAM: Mr. Oquist stated he was unable to get a speaker for this meeting to talk about the cons of Truth-in-Housing. He did not know if there was anything else to discuss at this time until they have had a guest speaker. Dr. Vos stated that in the May ll, 1982, Community Development Commission minutes, Bob Lines, City of Minneapolis Inspection Dept „ had stated that St. Paul (and he be7ieved South St. Paul) had passed a Truth-in-Housing ordinance. Dr. Vos wondered if there were any other cities that had Truth-in-Housing ordinances, Mr, Oquist asked Staff to check and see if there were any other cities that had passed Truth-in-Housing ordinances. Ms. Fassett stated she felt Truth-in-Housing was a terrific thing, particularly for first-time home buyers. It wou7d not only be to the advantage of sellers who have kept their homes up, but would be to the advantage of the whole city. Mr. Oquist stated what he thought was good about Truth-in-Housing was it did not force anyone to fix up a house, but it warns the potential buyer of problems or it tells the potential buyer it is a good house. COMMUNITY DEVElOPMENT COMMISSION MEETING JULY 12 1983 PAGE 2 Ms. Fassett stated if she were looking for another home in another community, she would be more interested in looking for and buyin9 a home in a cortmunity that had Truth-in-Housing than a community that did not have it. Mr. Schmidt stated he would talk to a realtor friend to see if they could find someone who would be willing to present the pros and cons of Truth-in-Housing from a realtor's point of view, Mr. Oquist stated they should also invite Darrel C1ark,City Building Inspector, to the next meeting when Truth-in-Housing is discussed. If Mr. Clark cannot attend, maybe he would write a memo giving his thoughts on Truth-in-Nousing. MOTZON BY BR. VOS� SECONDED BY MS. FASSETT, TO CONTINUE DISCUSSSON ON TXE TRUTH-IN-HOUSING PROGRAM UNTIL THE NEXT MEETSNG, UPON A VOICE VOTE, ALL VOTING AYE� CXAIRPERSON O�UIST DECLARED TNE MOTION CRRRIED 2. OTHER BUSINESS: a. Chamber of Comnerce Interactions Ms. Fassett stated she has talked to Ms. Van fleet, Executive Director of the Chamber of Commerce, and Bill Hunt, Assistant to the City Manager. She had told Ms. Van Fleet about the "Fridley Days" on Oct,7-8 which is an open house promoting the new Comnunity Park and Center City Plaza. She had told Ms. Van Fleet she felt it would be important for the Chamber to be involved by promoting the businesses that are in Fridley. Ms. Van Fleet was very interested, Ms. fassett stated she is hoping to hear from either Ms. Van Fleet or Mr. Hunt on things the Comnission could also do during "Fridley Days". Ms. fassett stated there is going to be a golf tournament and dinner sponsored by the Chamber in early August at Bunker Ni]ls. It is open to the public, If any of the Cortmission members were interested, she thought it would be nice for someone to attend either the dinner or the tournament. �s. Fassett stated that regarding the possihi7ity of preparing a brochure jointly with the Chamber of Commerce, she had offerred to do the leg work in pu7)ing together city ordinances, zoning requirements, and any other information the Chamber mighi �ant included in the brochure. ADJOURNMENT: MOTION BY DR. V0.S� SECONDED BY MS. FRSSETT, TD ADJOURN THE MEETING. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON OQUIST DECLARED THE JULY 12� 1983� COMMUNITY DEVEIAPMENT COMMISSION itEETING ADJOURNED AT 8:30 P.M. Respectfully s mitted, f � Lyn e Saba, Recording Secretary City of Fridley APPEALS COI�ASISSION MEETING — TUESDAY JULY 19 1983 PAGE 1 CALL 1l� ORDER � Chairperson Gabel called the Appeals Co�ission meeting of July 19, 1983 to ordez at 7:30 p.m. ROLL CALL: Members Present: xea�bers Absent: Patricia Gabel, Jim Plemel, Alex Barna, Donald Betzold Jean Gezou Others Present: Darrell Clark, City of Fridley Arnold M. and Mazgaret M. Kuhnly, 67A7 Washinqton Street N.E. Aichard A. Nord, 68D5 Washington Street N.E. John Nittelstadt, 6737 Washin9ton Street N.E. APPROVAL OF APPEALS COPPtISSION MINUTES OF JUNE 28, 1983: There was a correction on page 5 regarding Item N2 that the last Motion was actually two separate !lotions. MOTION by Mr. Barna, seconded by Mr. Betzold, to approve the minutes as amended. UPON A VOICE VOTE, ALL VDTING AYE, CHAIRPERSON GAHEL DECLARED TE� MOTION CARRIED UNANIMOUSLY. l. FOR VARIANCE PURSUANT TO CHAPTER 214.045 OF THE FRIDLEY AVENUE N.E. (Request by Kenneth Ingram, P.O. Bo: (Ko response ftom petitioner, no action needed) s This matter was tabled and rescheduled for the next reqular Appeals Coamiission meetinq. 2. CITY CODE TO REDUCE THE REQUiRED SSDEYARB 5ETBAGK FOR AN ATTACHED GAHAGE FROM S' TO 3T TO-ALLON EXPANSION OF A SINCLE CAR CARAGE TO A DOUBLE CAR CARAGE ON LOT 13, BLOCK 1, R10E CREEK TERRACE PLAT 4, THE SAME BEING 6731 NASHINGTON STREET N.E. (Request 6y John .I. 6 Sylvia rii[telscadt, 737 Washington S[. N.E.. Fridley, !QI 55432) NOTION by Mr. Barna, eeconded by Ylr. Betzold, to open the public hearing. UPON A VOICE VOTE, ALL WTING AYE� CHAIRPERSON GABEL DECL7IRED 7'HE PUBLIC HEARZNG OPEN AT 7:32 P.M. Chairperson Gabel read the Staff Repart: Appeals Coa�ission M�eting - July 29, 1983 Page 2 �DMIHZSTR97IYE SS�FF REPORT 6T37 Ya�hingtoc StrseL H.B. l. PQBL2C PORPOSE SER9ED BT REQDIJiH�NT: Seotioo 205.053, �B� #4, requires a aide yard ad,}oSning an •ttached garage Lo De aot lesa than 5 feet ride. Publie purpoae aerved bq Lhis reqnirement is to provide apace between individual atructures to reduce conflagration ot fire, to provide access to Lhe rear yard for emergenciea and to limit tGe condition oi croxdiag in a residential neighborhood. H. ST�TF.D 81RDSHIP: "Enlargement of aingle car garage from 12' to double car garage at 22� xide would require exceeding five foot minimum diatance irom lot line by one foot,• ' C. �DlfIl12STRlTIYE SSdFF R89IEfi: TDe original hou�e ras Duilt in 1956.- In 1965, atorm Qamge repair vas done and s 12' z 15' addltion vas constructed. The most recent alteration to tLe Louse xas a 12' z 12' addition 1n 1973• The petitioner requeat� to expand tDe exiating aingle car garage (rrhich ia 12' wide7 to 22 feet vide, i.e, a 10 toot addition. This would leave a 3 toot metback ia the side yard. Mr. Mittelstadt, Mr. and 14rs. Kuhnly, and lSr. Nord were present for this mattez. Mr. Mittelstadt presented his survey and Mr. Clark said the existing qarage is 12.3 ft. at the back and 12.2 ft. at the front with outside dimensions of 12.75 ft. He said the petitioner could add 7.2 ft. to make a 2D ft. garage and be within the code. Mr. Mittelstadt stated he needs the two-caz garage and that he has recently put the house on the market. He stated he needs the two-car garage for his present use and for future marketability; that he has had no takers on a single-car garage. He also stated that due to the neighbors` concern he is wiiling to canpromise and ask for an .B ft. variance. Ms. Gabel asked if the single-car garage was too small for his needs and Mr. Mittelstadt stated it vas and that the work would be done by and the roof li.nes wou2d be tied in and everything would match. Mr. Clark said if he made it a Z1 ft. qarage it wuld be 3.95 ft. in the front and 4.05 ft. in the back, averaging 4 ft. Mr. Nord stated said the lots in the azea are smaller going in because they are on a curve and felt the variance would set a precedent. He further stated that he built his garage on the back of his lot and stayed within the code. Mr. Clazk presented an aerial vieW of the neighborhood. !!s. Gabel noted that the petitioner did not have room to go into the back. Appeals Coffiaission Meeti.ng - July 19 1983 Pa e 3 Mrs. Kuhnly stated she lives in the next house to the north of petitioner and their lot is very narrow with their driveway on the lot line. She said they did not build a garage because they have no zoom for one and the area is crwded and tight. She also stated that a vrhole rov of houses vith sin9le-car qarages seem to be selling. Mr. Plemel asked if she rvould object to any variance at all and she stated she vould object. Ms. Gabel asked what is a ctandard eize garage. i�: Clark said new homes have 22 ft. garages vith 18 ft. the absolute minimwo. Ms. Gabel asked Mrs. Kuhnly if the variance vould be more appealing if the gazaqe size were reduced. Mrs. Kuhnly said a minimtian size garage could be built vithout n vaziance (18 ft. with a 16 ft. openinq). Mr. Plemel wondered if a one-foot variance would make that much difference. Kr. Clark stated, for clazification, that new homes today are required to put an 1B' X 22' tvo-car garaqe. Mr. Nord asked about overhangs. Mr. Clark said overhangs, fireplaces and steps aze allowed to qo 2 ft. into the required side yard. MOTION by Mr. Plemel, seconded by Mr. Sarna, to close the public hearing. UPON A WICE VOTE, ALL VOTIN6 AYE, CHASRP£RSON GABEL DECl,ARED T}� POSLIC HEARING Q.OSED AT 7:55 P.M. Mz. Betzold said he drove around the neighborhood and saw an awful lot of one-car garages and felt if the variance were granted they oould expect many similar requests. He felt the hazdship was nothing more than an economic desire and that the Supreme Court has affirmed that the hazdship has to go beyond economic conditions and felt the neighbors' concerns were justified. Mr. Barna said he could where the neighbors wnld object because they cazinot put in a gazaqe. Mr. Plemel said he could see the need for the extra space and that he would be in favor with a one-foot compromise. Ms. Gabel said she understood the need for more space but did agree with Mr. Betzold on the economic issue. 5he said she would also like to Bee a compromise on the one foot. Mzs. Kihnly said they would qet one-foot variance requests all the way down. Mr. Clazk stated the petitioner rnuld add on 7.25 ft. to construct a 20 ft. gazage or add 8.25 ft. to construct a 21 ft. garage. .Mr. Plemel asked how much garage if it were built vithin 5 ft. of the lot line. Mr. Clark said 20.2 ft. MOTION by Mr. Setzold, seconded by Mr. Barna, that the Appeals Commission recommend to the City Council denial of the variance request to xeduce the required sideyard setback for an attached garage from 5' to 3' to allow expansion of a single-car garage to a double-car garage on Lot 13, Block 1, Rice Creek Terrace Plat 4, the same being 6737 Washington Street N.E. UPON A VOZCE VOTE, 2 VOTING YES AND 2 VOTING N0, CHAIRPERSOPI GRFSEL DECLARED TE� MOTION NOT CARRIED AND REFERRED 70 THE CITY COUNCIL F'OR ACTION. ADJOURNMENT: MOTION by Mr. Betzold, seconded by Mr. Barna, to adjourn. UPON A VOICE VOTE, AT,7, WTING AYE, CHAIRPERSON GABFy DgQ,pgED Tf� gppgpyq CpM�SISSION MEETING OF JULY 19, 1983, ADJOIIRNED AT B:OS P.M. Respectfully submitted, Deb Niznik, Recozding Secretary Q � 1 ' CALL TO ORDER: � :1 i CITY Of FRI�LEY LANNING COMMISSION MEETING, JULY 27, 1983 Acting Chairperson Pat Gabel called the July 27, 1983, Planning Commission meeting to order at 7:40 p.m. R�LL CALL: Members Present: Ms. Gabel, Mr. Svanda, Ms. Schreiner (for Mr, Kondrick), Mr. Gabel (for Mr. Oquistj Members Absent: Ms. Schnabel, Mr. Saba, Mr. Goodspeed Others Present: Jerrold Boardman, City Planner Robert & Patricia Kohls, 640 Ch�ryl St. APPROVAL OF JULY 13 1483 PLANNING COMMI5SI4N MINUTES: M02ION BY MR, SVRNDA� 5ECONDED BY MR. GABEL� TO APPROVE THE JULY I3, I983� PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTING AYE, ACTSNG CHAIRPERSON GABEL DECLARED TXE MOTION C�YtR2ED UNANIMOUSLY, 1. PUBLIC HEARING: RE UEST FOR A SPECIAL USE PERMIT SP #83-05 BY ROBERT KOHLS: Per Section 205.1576 2 to a low the construction of a 24' x 24' garage in CRP-2 zoninq (flood fringe), located on Lots 20, 27, and 22, Block X, Riverview Heights, the same being 640 Cheryl Street N,E, MOTION BY MR, SVANDA, SECONDED BY MR. GABEL� TO OPE'N THE PUBLIC HEARING ON SP #83-OS BY ROBERT KOHLS. UPON A VOICE VOTE, ALL VOTING AYE� ACTING CHAIRPERSON GABEL DECLARED THE PUBLIC HSARING OPEN AT 7:45 P.M. � Mr, Boardman stated the reason this request was before the Planning Commission was because any buildings in the flood plain, whether structures for habitation or not for habitation, require a special use permit. Accessory bui7dings are allowed in the flood plain as long as they are not for human habitation and must meet standards for building in the flood plain: The structure has low flood damage potential, is firmly anchored to prevent flotation, and is floodproofed according to UBC standards. This proposal for a double garage in the flood plain does meet those standards, and Staff has no problem with the issuance of this special use permit, Mr. Boardman stated the lots involved are Lots 20, 21, and 22. There are presently two tax statements on the property, and Staff needs to have the property combined as one tax statement. The "Combination Form" needs to be signed and submitted to the County. PLANNING COMMISSION MEETING: JULY 27. 1983 The petitioners were in the audience. PAGE 2 Ms. Gabel stated she drove by this property and noticed there were three cars, an outdoor cooker, and several other things. She stated there seems to be plenty of room on the lot for a garage, and that the petitioners probably have a real need for a garage. Mr, svanda agreed. Ife stated he had also driven by the property and had made the same observation. MOTION BY MR. SVANDA� SECONDED BY MS, SCHREINER� TO CLRSE THE PUBLIC HEARING ON SP N83-O5� BY ROBERT KOHLS. UPON A VOTCE VOSE� ALL VOTING AYE� ACTING CHAIRPERSON GABEL DECLARED SHE PUBLIC HERRING CLOSED AT 7:50 P.M, MOTION BY MS. SCHREINER� SEC. BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT REQUEST, 5P #83-05, BY ROBERT XOHLS PER SECTION 205.I576 (�) TO ALTAW THE CONSTRUCTION OF A 24' X 24' GARRGE IN CRP-2 ZONING (FIAOD FRINGEJ, LOCATED ON LOTS 20� 21� AND 22, BLOCK X, RZVERVIEW HEIGHTS� THE SANIE BEING 640 CHERYL S2REET N.E.� WITH THE STIPULATION THAS THE IATS BE COMBINED FOR TAX PURPOSES. UPON A VOICE VOTE� ALL VOTING AYE, AC2ING CHAIRPERSON GABEL DEC.LARED THE MOTION CAR233'ED UNANIMOUSLY. Ms. Gabel stated this item would go to City Council on Aug. 8, 1983. 2. Due to the absence of several commissioners, it was recommended this item be continued. MOTION BY MR. SVRNDR� SECONDED BY MR, GABEL� TO CONTINUS THIS ZTEM UNTIL THE NEXT MEETSNG, � UPON A VOICE VOTE� ALL VOT2NG RYE� ACTING CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY, 3. RECEIVE JULY 7, 1983, HUMAN RESOURCES COMMISSIDN MINUTES: MOTION BY MR, SVANDA� SECONDED BY MS. SHCREINER� TO RECEIVE THE JULY 7� Z983� HUMAN RESOURCES COMMZ5SION MINUTES. . UPON A VOICE VOTE� ALL VOTING AYE� ACTING CHAIRPERSON GABEL DECL1lRED THE MQTION CARRIED UNANIMOUSLY, PLANNING COMMISSION MEETING, JULY 27 1983 PAGE 3 4. RECEIVE JULY 12 1983 COMMUNITY DEVEI�PMENT COMMISSION MINUTES: MOTZON BY MR. GABSL� SECONDED BY MR. SVANDA� TO RECfiIVE THE JULY 12, 1983� COMMUNITY DEVELOPMENT COMMISSION MINUTES. UPON A vOICE VOTE� ALL VOTING AYE� ACTING CHAIRPERSON GABEL DECLARED THE MOTION CRRRIED UNANIMOUSLY. 5. RECEIVE JULY 19 1983 APPEALS COMMISSION MINUTES: MOTION EY h42, GABEL� SECONDED HY MR, SVANDA� TO RECEIVE THE JULY 19� 1983� APPEALS COMMISSION MTNUTES. UPON R VOICE VOTE� ALL VOTING AYE� ACTING CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. � ADJOURNMENT: MOTION BY MR. GABEL� SECONDED BY MR. SVANDR� TO ADJOURN THE MEETING. UPON A VOICE VOTE� ALL VOTING RYE� ACTING CHAIRPERSON GABEL DECLARED THE JULY 27� 5983� PLANNING COMMISSION MEETZNG AA70URNED RT 8:00 P,M. Respectfully su nitted, 1/1 Lyn Saba Recording Secretary