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PL 10/19/1983 - 6825CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 5, 1983 CALI TO ORDER: Vice-Chairperson Oquist called the �ctober 5, 1983, Planning Commission meetin9 to order at 7:35 p.m. ROLL CALL: Members Present: Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Kondrick, Mr. Saba, Mr. Goodspeed Members Absent: Ms. Schnabel Others Present: Jerrold Boardman, City Planner Fred & Pam Lyons, 1019 - 121st Lane N.W. APPROVAL OF SEPTEMBER 28 1983 PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK� SECONDED BY MR. GOODSPEED, TO APPROVE THE SEPS. 28, 1983, PLANNING COMMISSION MINUTES. Mr. Goodspeed stated the following sentence should be inserted on page 4, between the first and second paragraphs: "Mr. Goodspeed stated there was a Naegele billboard on the property, and he asked if this sign had to be removed." UPON A VOZCE VOTE� ALL VOTSNG AYE� VICE-CHAIRPERSON OQUIST DECLARED THE MINUSES APPROVED AS AMENDED. 1. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #83-10, BY FRED R. LYONS: Per Section 205.� , 3, D, of t e Fri3ley City �ode, to allow a repair garage on Lot 4, Block 3, University Industrial Park, the same being 7948 University Avenue N.E. MOTION BY MR. SABA� SECONDED BY MS. GRBEL� TO OPEN THE PUBLIC XEARING ON SP �83-10 BY FRED R. LYONS. UPON A VOZCE VOTE� ALL VOTING AYE� VZCE-CHAZRPERSON OQUZST DECLARED THE PUHLIC HEARING OPEN AT 7:37 P,M. Mr. Boardman stated the location is on University Ave. in the new Paschke commercial development. The repair garage would be located in one of the back buildings along Ranchers Road, The petitioner is proposing to set aside two bays within the development for a repair garage. Mr, Boardman stated a repair garage is allowed in C-2 zoning with a special use permit. Mr. Boardman asked Mr. Fred Lyons to explain his proposal. PLANNING COMMISSION MEETING, OCTOBER 5, 1983 PAGE 2 Mr. Lyons stated they are proposing to open a nechanical repair shop. It would be located i� the back building of the Paschke development about midway in the building. There are cement walls on both north and south sides. 7he area is 2,400 sq, ft. He has talked to the fire marshaTl, and there are no problems other than it has to be sprinkled and the normal required extinguishers at this time. Mr. Lyons stated the name of his business is Vehicle Maintenance 5ervice (VMS), and he has been in business since May 1982. They are currently located at 127 - lst Ave. N.E, behind Ray Elliott Buick, but they have lost their lease. Because he has built up his ciientele, he would prefer to stay in Minneapolis, but he has been unable to find another building in Minneapolis. He stated that about the middle of September, he got in contact with Jim Benson who got him in contact with Jerry Paschke. He and Mr. Paschke discussed the business and he now has a lease with Jerry Paschke if he gets approval for the special use permit from the Planning Commission and the City Council. Mr. Lyons stated his business is basic mechanical repair of cars and light trucks, simiiar to a repair garage. There will be no gasoiine and no tires. Mr. Lyons stated he and his wife have lived in Fridley or Coon Rapids for the past six years. They feel this type of business is needed in the Fridley/ Coon Rapids area. Mr. Kondrick asked about the number of stalls. Mr. Lyons stated that out of the 2,400 sq. ft., 400 sq. ft. will be for office and reception area, and in the remaining 2,000 sq, ft., there is room for about 4-5 stalls. Mr. Kondrick asked about parking, Mr. Boardman stated the parking is set up for commercial so that will give the Comnission an indication of the number of stalls in the Center. Mr. Lyons stated there are 265 strip parking stalls in University Industrial Park. Mr. Boardman asked if there would be any vehicles sitting in the parking lot. Mr. Lyons stated the cars are usually in in the morning and out 6y evening. The exceptions are when they have a problem getting parts or they are unable to reach the owner, or there is a major repair. He stated Jerry Paschke was very specific that there be no cars sitting outside, especially over- night, and that the cars be kept inside. Mr. Lyons stated that all cars will be kept inside. Ms. Gabel asked the hours the business would be open. Mr. Lyons stated they will be open 7 a.m. to 6 p.m., Monday through Friday. > PLANNING COMMISSION MEETING, OCTOBER 5 1983 PAGE 3 2. Ms. Gabel asked about the exhaust system that will be used. Mr. Lyons stated the exhaust system is a blower that sits on the floor and it exhausts out the back door similar to what is used in a gas station, Mr. Saba asked if there would be any outside storage of parts. Mr. Lyons stated there will be no outside storage of parts. Mr. Kondrick asked about signage. Mr. Boardman stated the signage is limited based on the sign plan for the complex. MOSION BY MR. SABR� SECONDED BY MS, GABEL� TO CLOSE THE PUBLIC XEARING ON SP �83—ZO BY FRED R. LYONS. UPON A VOICE VOTE� ALL VOTING AYE� VZCE—CHAIRPERSON OQUIST DECIJIRED THE PUBLZC HEARING CZASED AT 7:55 P.M. Mr. Saba stated this sounded like a very good,clean operation, and he would be in favor of approving the special use permit. MOTION BY MR. SABA� SECONDED BY F42, SVANDA, TO RECOMMEND TO CITY COUNCZL APPROVAL OF SPECIAL USE PERNIT XEQUEST� SP li83—I0� BY FRED R. LYONS� PER SECTION 205.141� 3�� D, OF THE FXIDLEY CITY CODE, TO ALLOW A REPRIR GARAGE ON LOT 4� BIACK 3� UNIVERSITY INDUSTRIAL PARK� TXE SAME BEING 7998 UNNERSZTY AYENUE N.E.� WITH THE FOLIAWING STIPULATIONS: 1. NO OUTSZDE STORAGE OF GRRHAGE CONTAINERS 2, ND OUTSIDE REPAIR OF CARS 3, NO OVERNIGHT STORAGE OF CARS OUTSZDE THE BUILDIN6 4. STAFF REVIEW OF SPECIRL USE PERMZT RFTER ONE YEAR UPON A VOICE VOTE� ALL VOTZNG AYE� VICE— CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANZMOUSLY. Mr. Oquist stated this item would go to City Council on Oct. 17. This item continued until a report is received from the Community Develop- ment Commission. 3. RECEIVE SEPTEMBER 20, 1983, ENVIRONMENTAL QUALITY COMMISSION MEETING: MOTION BY MR, SVANDA, SECONDED BY MS. GABEL, TO RECEIVE THE SEPT. 20� I983, ENVIRONMENTAL QUALITY COMMISSION MINUTES. UPON A VOICE VQTE, ALL VOTSNG AYE, VICE—CHAIRPERSON OQUIST DECLARED TXE eNOTION CARRZED UNANIMOUSLY. PLANNIPIG COMMISSION MEETING, OCT06ER 5 1983 PAGE 4 ADJOURNMENT: MOTION BY MR, KONDRICK, SECONDED BY MR. SVRNDA, TO AATOURN THE MEETSNG. UPON A VOICE VOTE, ALL VOTZNG AYE, VICE-CHAIRPERSON OQUIST DECLARED THE OCT. 5, 1983, PLANNING COMNISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully submitted, �� Lynn. Saba Recording Secretary �,Er �Nq�Y � � �� � 4� ■ �<v �OMMEQ' � Phone: 571 •9781 Commerce Park Ofti�e Building, Suite 20), 7362 UniversitY Ave., N.E., Fridley, Minnesota 55432 . PRESIDENY Yilli�m Nirberger Xinco Produccs, Inc. 5�1-3121 PAESIDEN7-ELECT Frederick J. Huff Fridley Mediul Lencer 786-2700 FINANCE DIRECiOR De4'syne Schtricc Schleics, Nage Li�h 6 Co. 571-6931 DIRECSORS Gary Busch LaM�ur, Inc. 571-1274 Jay Jenevein First Insurance North[wn 7B6-SO10 John Gargaro Fridley Sute Bank 5�1-lzoo BarD Aune Ri<e Creek Agency 571-7200 Roger Humola � Norresc 8ank ]72-9I22 Jane M�ller S[a[ Medicel,lnc. 572-0OB4 }7aynard Nielsen N.W.Be71 SelepMone Co. 571-0761 P�ST PRESIDENT Nancy J. Hendrickson Ninnesoca ]oD Service 786-6000 El(ENiIVE DIRECI'OR Kerry A. �an Fleet 571-9781 Oc[ober 7, 1983 Community Development Co�ission City of Fridley 6431 University Ave. N.E. Fridley, MN. 55432 Dear Co�nission Members, Jerry Boardman stopped into the Chamber office Wednesday, October Sth with the new proposed ordinance for peddlers. He asked that the Chamber respond and at[end the revieval on Tuesday, Oc[ober 11, 1983. The Board of Direc[ors do no[ meet until October 20, 1983, but, I did make copies and distribu[ed them to the Execu[ive Board. I vill be unable to attend on October 11, 1983. We would like to go on record as approving [he new ordinance. In talking with a number of inerchants in [he area, they expressed that they feel very s[rongly abou[ the peddlers vho drive in and park in someone's lot [o sell fish, pic[ures, etc. Many have been through Che building [he Chamber is housed in, disrup[ business and do no[ [ake lighily the firm no answer. The merchants do not object to farmers and others who pay taxes, or live in [he area. Then, too, many times the product is inferior or would cost less from a local business. Thank you for eupporting [he local merchants. We do apprecia[e the oppor[unity to review the ordinance. Whenever ve see one of these peddlers, wha[ should be our course of ac[ion? Is it possible [o distrib�[e a shoztened version of the ordinance for the merchan[s and tennants of the business buildings in the area? KVF Sincerely, � �'j /I _ ���� CxY7 Ke ry . Van Fleet �Ms.) Executive Director y ��„_,E��� POLICE DEPARTMEN7 '.�4', City of Fridley ° � � ` " M innesota 0 DATE SEPTEMBER 13, 1983 � FROM SUBJECT . DIRECTOR, J. DRAFT ORDINANCE ON CONSUMPTION AND DISPLAY OF INTOXICATING LIQUOR MEMORANDUM TO NASIM QURESHI, � IONI INFO CITY MANAGER� X Attached you will find a draft copy of a new proposed ordinance entitled "Intoxicating Liguor - Consumption, Use or Display". This ordinance is being proposed for council consideration as a result of several requests from police officers. This past summer has created di£ficulty and a potentially volatile situation resulting £rom patrons gathering in large groups outside licensed liquor establishments after closing hours. The result o£ these gatherings has created a great deal of litter on the property of the licensed liguor establishments, In addition, the police are without significant authority to disburse these groups short o£ some criminal act occurring. It is felt that with the adoption of the proposed ordinance, the police would have authority to disburse the groups prior to major property damage or personal injury occurring as a result of large scale drinking and partying occurring after 1:30 a.m. It is noted that the City of Spring Lake Park has had a similar ordinance in effect which they feel has been successful in controlling this type of problem. Favorable Council action would be appreciated. JPH/sa f�I �•,��� r. � AN ORDINANCE ADOPTING A NBSi CHAPTER 121, ENTITLBD •IN1p7�(1�7'It� LIQOtR - Q�NSUl�TION, OSE OR DISPLAY', OF � FRIt(F,Y CI'14 �'L _ �IE CITY OGUNCII, OF THE CITY OF FRiDLEY DOES ORLIAIN AS FCxJAWS: 1?1.01 ll�INiTIO[1S �e following definitions shall apply in the interpretation and application of this Ordinance and the follaaing words and terms, wherever they occur in this Ordinance, are defined as follaas: 1. Consw�ion, use or display. 1�ny drinking, cons�uning, eschibiting, shaving, imbibing, or having in one's possession or contiol. 2. Zntoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverage containing i.n e�ccess of 3.2 petcent (3.28) of alcohol kr3 weight. 3. Non-intoxicating Malt Liquor. F1ny malt liguor containing not less than one-half of one percent (.5$) alcohol by vol�nne nor more than 3.2 peroent (3.28) alcohol by weight and which is a fermented malt beverage. 4. Pazking Azea. Any area or space used for the parking of vehicles. 5. Public Place. Any place, other than a private home, where two (2) or more persons or groups of persons or the public wngregate oz frequent, and shall include, but not be limited to, clubs, taverns, beer stores, drug stores, restaurants and hotels. i �•.r. r a� i r •:• u.�r r � 1. No person shall wnsume oz use intoxicating liquor ot non-intoxicating malt liquor in any �xirking area connected with or a g3rt of the land area of the premises which has been issued an intoxicating liquoz license, wine license or a license to sell norrintoxicating malt liquor, under Chapter(s) 602 or 603 of the Fridley City Code, includinq any parking area connected with or a part of the land area of the premises of any private bottle club, fraternal organi2ation or other private club, defined in Chapter 605 of the Fridley City Code, located within the City of Fridley. 2. No person shall carry arry open zeceptacle, including a glass, bottle ot other device used for the consumption of intoxicating liquor or nocrinto�cicating malt liquor, fzan the licensed prenises. 3. No person shall oons�mie or use intoxicating liquor or non-intoxicating mal.t liquor in arry g3rking area connected with or a�rt of the land area of the prenises of any other public place or private commercial or industrial business establishment located within the City of Fridley. This prohibition shall include Fxirking areas c+onnected with schools or any other institution of traini.ng or education. 121.03 QONS�k�fiION �t USE PHdSI'LS The temporary consumption, use ot display of intoxicating liquor or non-intoxicating malt liquor shall not be prohibited in locations or areas specifically set forth in a use or consumption permit issued by the Public Safety Directoz. Permits shall specify the conditions under which they are issued and valid. Permits may be revoked k� the Public Safety Director when, in the Director's opinion, there is a public safety danger or �nftingement of peace and tranquility. Denied and revoked permits may be appealed to the Fcidley City Cn.timcil. 121.04 P�Y�LTIFS Any violation of this Ordinance is a misdeneanor and subject to all penalties provided for such violations imder the provisions of Chaptez 9D1 of this Code. 121.05 SEVFi2�BII.i'IY Every section, prwision or part of this Ordinance is declared sep�rable from every other section, provision or part to the extent that if any section, provision, or p�rt of this Ordinance shall be held invalid, such holding shall not invalidate any other section, provision oz g3rt hereof. PASSID ADID ADOPTED BY 7HE CITY OF ERIDLEY g1IS � Ai1Y OF , 1983. WILLIAM J. NEE - MAYOR Afii'EST: SIDNEY C. II+E+S�N - CITY Q.ERK First Reading: Second Reading: Publish: 33/0/3/11 � CITY OF FRIDLEV PARKS & RECREATION COMMISSION MEETING SEPTEMBER 26, 1983 CALL TO ORDER: Chairperson Kondrick called the September 26� 1983, Parks & Recreation Commission meeting to order at 7:45 p.m. ROLL CALL: Members Present: Dave Kondrick. Jan Seeger, Dan Allen, Dick Young Members Absent: Mary Schreiner Others Present: Charles Boudreau, Parks & Recreation Director Jack Kirk. Recreation Supervisor Jerry Nelson, 7428 Concerto Curve Barbara Hughes, 548 Rice Creek Terrace N.E. APPROVAL OF JULY 25 1983 PARKS 8 RECREATION COMMISSION MINUTES: MOTION BY MR. ALLEN, SECONDED BY MR. YOUNG� TO APPRD[�E TNE JULY 25, 2983, PARKS & RECREATION COMMISSION MINUT£S AS WRSTTEN.� UPON A VOICE VOTE, ALL VOTING AYE, CXAIRPERSON XONDRICK DECLARED THE MOTION CRRRIED UNRNIMOUSLY. APPROVAL OF AGENDA: M01'IDN BY MR. YOUNG� SECONDED BY MS. SEECER� TO APPROVE-THE RGENDA RND TO PUT TNE REQUEST FOR HOCXEY RZNK POLICY BY JERRY NELSON AS TXE FIRST ITEM ON TXE AGENDA, UPON A VDICE VOTE, ALL VOTSNG AYE� CXAIRPERSON KONDRICK DECLARED TXE MOTZON CARRIED UNANIMOUSLY. 1. REQUEST fOR HOCKEY RINK POLICY - JERRY NELSON Dr. Boudreau stated the Camnission members had received a copy of a letter from Jerry Nelson requesting the City have a policy that anyone under age 21 on a rink with a hockey stick must wear a helmet. Mr. Kondrick stated the one problem he could see with having a policy would be the enforcement of it. Dr. Boudreau stated this subject of requiring helmets for hockey came up about 3-4 years ago. At that time, the Comnission did not feel they were in any position to require the general public to wear certain equipment when they were on the hockey rinks. PARKS 6 RECREATION GOMMISSION MEETING. SEPTEMBER 26, 1983 PAGE 2 Ms. Seeger stated it was difficult for the Commission to figure out how they would enforce such a policy. One thing the Commission could possibly do is strongty advise or post a sign that helmets are recomnended. Dr. Boudreau stated he would have no problem with a recommendation. Mr, Nelson stated he knew there would be a problem with policing a policy like this. However. tfiere are rules that no one is allowed on an open skating area with a hockey stick. The rink attendant enforces that rule, and there doesn't seem to be a problem. At Columbia Arena and other indoor rinks, it is just accepted that if you are on the rink with a hockey stick, you must also wear a helmet. Mr. Nelson stated there were two really bad accidents last year at Madsen Park that could have been avoided if the players had been wearing helmets. He felt the kids not playing hockey are the ones most likely to get hurt. Mr. Nelson stated that 80-90% of the kids on the rinks are hockey players. He stated he lives in School District 16. He has talked to J. McCluskey who is going to talk to the Spring Lake Park City Council about having a bunch of helmets laying around at the rinks so the kid that comes without one would have a helmet to wear. He stated that when a non-hockey player is paying 510-15 for a stick, he did not believe S20 for a helmet was unreasonable� and it protects the face and the head. Also, helmets can often be bought very reasonably in garage sales. Mr. Young stated he thought that most of the hockey playing on the skating areas was on the rinks that were lighted, Could a warming house attendant enforce a helmet policy? Dr. Boudreau stated that the big question would be, how far does the city �o? If they require a helmet, what about other protective equipment? They don't want to see any kind of injury. Ne stated he would like to see the parents take the responsibility to make sure their children wear protective equipment. Mr.l�plson stated he felt a lot of parents really don't understand what is going on at the rinks, and they don't understand the differences in ages of the children playing hockey. He stated that any association in the state of Minnesota requires full equipment for any organized practice or game. He stated hockey has a bad enough name already,and he did not like to see kids get hurt when they could give a policy like this a try. Mr. Kondrick stated maybe there should be a sign recomnending that hockey helmets be worn. Ms. Seeger stated she did not think the City could do anything other than strongly recomnend that protective equipment be worn. She would feel better if it was posted. PARKS 6 RECREATION COMMISSION MEETING, SEPTEMBER 26, 1983 PAGE 3 Or. Boudreau stated he thought they are talking a difference in age groups. When there is a 16-17 yr. old warming house attendant trying to tell an 18 yr. old he has to wear a helmet. there could be problems. Then the rule is non-effective. The younger kids see the older ones not following the rule, and they are going to question why they have to follow the rule. He did not think they could have a double standard. And, he did not think a city body could put a rule on head gear on an outside public use area. He stated he would like to check with the City Attorney to see where the City stood legally. With an indoor facility where ice time is being paid for, there is the price of admission and the facility can set the rules. Mr, Kondrick stated he liked the idea of the kids wearing helmets. He would like Dr. Boudreau to check with the City Attorney to see what the City could or could not do. If nothing else. they should try a sign recommending that helmets be worn. Mr. Young stated he felt the same way. He felt they have a moral obligation to the people wfio use the rinks. He could see Dr. Boudreau's point about other protective equipment, but most other injuries to the body heal. You cannot replace the sight of an eye, and brain concussionc can cause epilepsy or mental retardation or other kinds of permanent injuries. Mr, Allen stated he had mixed emotions about this issue. There was definitely a difference between the indoor ice facility and the general outside facility. He doubted that a lb yr, old was supervising at Columbia Arena. He was also concerned about where do they start and where do they stop. Personally, he had far more injuries playing pick-up football than he ever did playing hockey. He did not think a strong recortmendation on a sign was worth anything. Most kids don't care about what a sign says. But, maybe they should have the restriction and try it on an experimental basis. Ms. Seeger stated she was not so much concerned about enforcing as informing. MOTION BY M2. ALLEN� SECONDED BY MR. YOUNG, TXAT DR, BOUDREAU CXECK WITN TNE CZTY ATTORNEY TO SEE WXETHER A MANDATORY HELMET RULE WAS POSSZBLE AND TO ERING BACK A REPORT TD TXE COMMISSION AT TXEIR OCTOBER MEETING. UPON A VDZCE VOTE, ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED THE MOTSON CARRIED UNANIMOUSLY. Mr, A11en suggested that Dr, Boudreau check with adjoining comnunities to see if any other communities are doing anythin9 like this. Another suggestion would be to inform parents through the city news7etter about the accidents that have happened and stressing the importance of wearing protective equipment when playing hockey. Mr, Nelson stated that he knows other communities do not require helmets but, no matter what other comnunities are doing, somebody has to be first. PARKS & RECREATION COMMISSION MEETING, SEPTEM6ER 26� 1983 PAGE 4 2. DIRECTOR'S REPORT: a. State Fair Nature Exhibit A Dr. Boudreau stated that once again, Springbrook had an excellent exhibit at the State Fafr. He stated he is very proud of what the nature center is doing. Dr. Boudreau stated he would like to announce Springbrook's anniversary celebration on Oct. 8, the same Saturday as the grand opening of the plaza and the community park. Dr. Boudreau stated the Nature Center has come out with a 32-page coioring book for children. Mary Ellen Schutz, Parks & Recreation Dept. staff�did ti�e art work and put together the book which will be offered for sale at $1 per book. They hope to recapture some of the cost of printing and so they can keep reprintin9 as the need arises. They think the coloring book might 6e a big winner with some of the schooi systems who bring children out to the Nature Center, He stated the book is both entertaining and educational. b. Commons Park Rehab Plan Dr. Boudreru si=ted Mr, Qureshi had received a memo from Councilman Schneider suggesting that the Parks & Recreation Dept, had a plan for Commons Park that wasn't being shared with everyone, Dr, Boudreau stated the Commission members knew that the discussion has always been that they would like to eliminate Fields �3 and �4 and develop that north end of the park into a more passive type of city park. That is the only plan they have to date. He would like to have some input from the Canmission members, because he would like to have a firm plan for that deve7opment by the middle of December so they can go in next spring and do some work on it. He felt it was essential. if they are going to change that end of the park and make it a passive use area, to remove the ball diamonds before sprin9. He stated they do have some funding for � plantings and�trees in that erea. � Dr. Boudreau asked the Cortmission me�ers to give this thought and give him some ideas of what they would like to see in this area. Mr. Young stated one thing he felt there was a need for in the City was a wading pool for the younger children. He knew it was an expenditure, but maybe the Jaycees or another organization would be willing to make an ongoing commitment for someLhing like that. He thought some type of ampitheater/bandshell structure would be appropriate. He would like to see some landscaping with small hills that would break up the flat area. Mr. Allen stated he thought one thing they should do is go back to the neighborhood and see what the neighborhood would like to see in their park. He thought it might be very worthwhile to get the neighborhood input. PARKS & RECREATION COMMISSION MEETING SEPTEMBER 26 1983 PAGE 5 Dr. Boudreau stated that was a very good suggestions. and he would be happy to do that. c. Fall Programs Mr. Kirk stated the fall programming had started that day. He stated registration was very good in the physical fitness area. Plaza/Community Park Grand Opening Dr. Boudreau gave the Commission members a copy of a news release which outlined the schedule for the grand opening of the Fridley Community Park and Plaza on Oct. 7 and 8. He invited the Cortmission members to come to the 9rand opening of both the plaza a�d community park and to also visit Springbrook's anniversary celebration. 3. NEW BUSINESS: ' a. Playground Area at Rice Creek School Dr. Boudreau stated that at the last City Counci7 meeting, there was a group from Rice Creek area wanting to know what was going to happen to the hockey rink/tennis court/playground area if Rice Creek School is sold. He stated he thought the Parks & Recreation Comnission should become involved in what is really needed irt this area, what the minimum needs are that should be retained if the school is sold, or the position the Correnission wants to take on the possibility of losing the playground facilities they now have at Rice Creek School. Dr, Boudreau stated the school property takes up about 10 acres. There is playground equipment behind the school� a lighted hockey rink and tennis court area on the south side of the school, and a small open ballfield area on the south side of the school. In the past, the City has used the gymnasium and the school facilities for summer playground programs. He stated the school and playground equipment take up about 5 acres. Mr, Young stated he would like to know the demographic figures for this area. Dr. Boudreau stated the next closest park is Benjamin/Briardale Park, and that is across Mississippi St. They are talking about 2500-3500 people in this neighborhood. In looking at the National Park & Recreation Assoc. minimum requirements for a neighborhood park, it is 2.5 acres to 5 acres or about 1 acre/1,000 people. With 2500-3500 people in the surrounding neighborhood, there should be a minimum of 2`1/2-3 acres for park area. Dr. Boudreau stated he would like the Lomnission members to give this thought and be prepared to discuss this at the October meeting. PARKS 5 RECREATION COMMISSION MEETIN6 SEPTEMBER 26 1983 pAGE 6 Mr. Young stated it might be necessary to have a special meeting on this within the next month. ° Mr. Kondrick stated he would talk to Joe Lapinski of the School Board about this matter and try to determine the present status and thoughts. 4. OLD BUSINESS: a, Policy . Community Park Complex Tournament Use Dr. Boudreau stated the Commission members had a copy of a letter from John Gargaro, President of the Fridley 49'ers, requesting the Community Park ball fields for a slo-pitch tournament the week of 49'er Days. June 15, 16, and 17. 1984. He stated this is the first official request the City has received, but they are anticipating many requests in the future. He stated the Commission needs to establish some type of policy for use of the new complex for softball tournaments, Dr. Boudreau stated that he and Mr, Kirk have discussed this and are suggesting that any profit-making group or organization having a tournament for its own profit should be charged $1,000 for a weekend. They haven't made any decisions regarding concessions. There would have to be some stipulation on cost sharing with the City. He stated they are suggesting charging E500 for non-profit organizations for a weekend tournament. Dr, Boudreau stated they have estimated it will cost the City approx. S15/hr, per field to have the lights on for softball. For four fields, that is $60/hr, for lightin9 TheY are figuring $420.for m�i�henance people• They felt the 51,000 woula include the lighting an maintenance of the fields. He qave the Commission members a copy of the Municipal Fee Survey prepared by the Assoc, of Metropolitan Municipalities. He stated Fridley would not be out of line in charging $1,000 for a weekend. Mr. Kirk stated that in the Municipal fee Survey, tfiere were not many communities that charge a different fee for non-profit organizations. He stated he and Dr. Boudreau felt there was a lot of difference between the two. The non-profit organizations, such as the Hockey Bonster Club and the Jaycees. are service organizations who will put some of the mor.ey earned from a tournament back into the cortmunity. He stated it definitely costs tMe City to put on a tournament, and the City should at least cover a17 its costs. Dr. Boudreau stated tournaments would be scheduled on a first-come, first- served basis. However, right now they do owe allegiance to the Jaycees, Fire Dept., Hockey Booster Club, FYSA, and Fridiey Covenant Church. Dr, Boudreau stated the fridley 44'ers are requesting the tournament, but they will probably not be running the tournament. They are looking at the Hockey Booster Club running the tournament. PARKS & RECREATION COMMISSION MEETING SEP7EMBER 26 1983 PA6E 7 Dr. Boudreau suggested that someone from the Commission volunteer to discuss this with he and Mr. Kirk in order to draft up a policy on softball field use and concessions. They could then come back to the next Cortmission meeting with recomnendations. Mr. Allen volunteered to meet with Dr.Boudreau and Mr. Kirk. b. Policy - Ice Location - Dick Young Mr, Young stated he has not yet completed a drafted policy on rationale for ice locations. He stated he hoped to have it done for the next meeting. c. Policy - Nature Center Fees Dr, Boudreau stated the Comnission members had a copy of the Springbrook Nature Center Foundation's recommendations on a fee policy for programming at the Nature Center. The Commission also had a copy of a memo from Siah St. Clair to Dr. Boudreau dated Aug. 17, 1983, concerning the Nature Center Fee Policy. He stated that, if the Commission members remembered, this item fias been hanging for over a year when Mr. St. Clatr came before the Commission in June 1982,. At that time, the Commission had discussed that maybe there ought to be a charge for outside school groups that come into the Nature Center that make �re demands on the Naturalist's time. The Commission had made a recanmendation to the City Council,but the City Council had sent it back wanting to know what the Springbrook Nature Center Foundation's recommendations would be. Dr. Boudreau stated the Cw�nission now has the Foundation:s recorr�enda- tions and should again make a recommendation to the City Counci7 based on the recommendations made by the Foundation. He stated the Foundation has made four recommendations. The discussion was included along with facts and considerations, concluding that no charge in fee structure was needed at this time. He stated the fee structure as it exists at this time is a charge for day camp prograrRS or a minimal charge for the pro- gramning on an organized basis. The recommendation from Mr. St. Clair was that there should not he a separate fee for programming to non-Fridley groups or private groups. Ms, Hughes stated the Foundation is not saying they should never charge fees, but they are saying that at some time in the future they ought to talk with the school districts and try to work something out, They see Mr, St. Clair and his staff at almost the place where they ean start developing some environmental education programming. When they do that, they are going to have a super facility and a very good curriculum so that the schools will want to use it on a more regular basis and then there will be more demands for ttbre staff, At that time, there should be some arrange- ments made between city and schools to look at it and how they eould pro- vide that kind of service. In other words, what they are saying is that when it becomes a big enough problem, they can get other people to share the cost. PARKS & RECREATION COMMISSION MEETING SEPTEMBER 26 1983 PAGE 8 Ms. Hughes stated that while the Foundation did discuss this with Mr. St. Clair, he did make his own decision on this. MOTZON BY 1�ffi, YOUNG, SECONDED BY MS. SEEGER�,TO RECEIVE TXE MEMO FROM i➢Z. ST. CLAIR DATED AUG. 17� 1983� AND TNE MEMO FROM SPRINGBROOK NATURE CENTER FOUNDATION DATED AUG. 16� 1983. UPON A VOZCE VOTE� RLL VOTING AYE� CHAIRPERSON KONDRICK DECLARED THE MOTION CRRRIED UNANIMOUSLY. MOTION BY MR, YOUNG� SECONDED BY MS. SEEGER, TO CONCUR WITH TXE RECOMMENDRTIONS MADE BY THE SPRINGBROOK NATURE CSIPTER FDUNDATION FEES POLICY FOR PROGRAMS (MEMO DRTED AUG. 26, 2983 TO SIAN ST. CLAIR)� TXRT: 1. TNE CZTY CONSINUE 210 UNDERWRITE NATURE CEIGTER PROGRAMMING WITH TAX FUNAS. � � 1. THE CITY CONTINUE TD CXARGE FOR MATERSALS AND PROGRAMS AS ZS CURRENTLY BEING DONE AND IS CONSZSTENT WITH WXRT THE CITY ALRERDY DOES WITH OTNER RECREATIONRL PROGRAMS AND WXERE THE CLIENT HAS A CHOZCE ABOUT SIGNING UP OR NOT. 3. TIfE CITY CONTINUE TO PROVIDE SERVICES 2t� GROUPS (I.E. SCOUTS� BROWNIES, CZVIC ORGANSZATIONS, NLRSERY SCHOOLS� ETC.) AS THE NATURE CENTER STAFF HAS TIME AT NO CQST AND IN CONSSDERATION OF THE TAXES BEZNG PAID RND AS PART OF THE L�OMMUNZTY SERVICE/ PUBLIC RELATIONS OF THE DEPARTMENT. SUCH SERVICES ARE UNDER- STOOD TO BE GIVEN AS TIME IS AVAILABLE RND WITH ZACAL GROOPS . BEING GZVEN FIRST CXOICE FOR SCHEDULZNG. 4. TXE CITY ENTER INTO NEGOTIATIONS AT AN APPROPRIATE TIME WITX SCHOOL DZSTRICTS 217 PROVIDE ENVIRONMENTAL EDUCATION FOR STUDENTS FOR APPROPRZATE FEES WHICH WOULD ALIAW EXPANSION OF STRFF AND PROGRAMMING AND UNDERWRITE ASSOCIATED COSTS. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED THE MOTION CARRIED UNANZMOUSLY. ADJOURNMENT• MOTION BY MR, ALLEN� SECONDED BY MS. SEEGER, TO AA70URN THE MEETING. UPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON KONDRICK DECLARED THE SEPT. 26� 1983� PRRKS 6 RECREATZON COMMZSSZON MEETING AA7WRNED AT 9:45 P,M. Respectfully su mitted, Lyn e Saba Recording Secretary �i � CITY OF FRIDLEY HUMAN RESOURCES COMMISSION MEETIN6 OCTOBER 6. 7983 CALL TO ORDER: Yice-Chairperson Minton ca77ed the October 6, 1983, Human Resources Commission meeting to order at 7:38 p.m. ROLL CALL; Members Present: Bob Minton, Peter Treuenfels, Barbara Kocher Members Absent: Brian Goodspeed, P1ary van Dan Otliers Present: Bill Hunt, Personnel Officer Administrative Assistant Tim Turnbull, Fridley Police Dept. APPROVAL OF SEPTEMBER 7, 1983, HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR. TREUENFEZS, 5ECONDED BY MRS, XOCHER� TO APPROVE THE SEPT. 1� 1983� XUMAN ItESOURCE5 COMMISSION MiNUTES. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHRIRPERSON MINTON DECLARED THE MOTION CARRISD UNANIMOUSLY. OLD BUSINESS: 1. Review of City's Disaster Preparedness Plan (Tim Turnbull, Neighborhood Service Coordinator for.the Fridley Polfce Department) Mr. Turnbull stated the Commission members had previously received a copy of the Feb, 1982 "Overview, Emergency Plan - Natural Disasters". He stated this is a sunanary of the City's Emergency Preparedness Plah. The Emergency Preparedness Plan basically does two things: l. It is a requirement in order for the City of Fridley to qualify for any kind of assistance from the Federal Government in the area of civil defense or emergency preparedness. The Federal Government requires an annual review of various portions of the document and it must be updated in accordance with the require- ments to qualify for federal funds. The City is complying with the particular procedures keeping the document updated. 2, The document focuses the City of fridley on various aspects of probiems and situations they would have to deal with should there be any type of a disaster. �'- HllP1AN RfSOURCES COMMISSION_MEETING, OCTOBER 6, 1983 PAGE 2 Mr, Turnbull stated the real ability to be able to deal with any type of disaster in the comnunity is basically the personnel and the resources within the comnunity and the personnel and resources wfiich are made availa- ble to the cortmunity such as neighboring communities and the County. The City has an extremely good working relationship with Anoka County. Mr. Turnbull stated that, fortunately, ever since the large tornado in 1965, the City has not had any significant types of natural disasters. However, the City is faced with certain problems in this community which are imnediate, if not always apparent, such as the situation with hazardous materials and a possible man-made transportation-type accident in the area of Burlington- Northern, Mr. Turnbull stated the City is in the situation where the major north/south roadways from northern Minneapols funnel through the heart of Fridley to the northern part of the County, along with 694 running east and west, Because of these major roadways, the City is sanewhat vulnerable to a trans- portation-type accident involving hazardous waste materials. There are industries in the City that da have access to or do work with fiazardous chemicals on a daily basis. These are Burlington-Northern, LaMaur Corp., Onan, and other companies of that nature. He stated the City has requested that these types of businesses have disaster preparedness plans also. Mr. Turnbull stated he fe)t the City has taken a pro-active approach in dealing with what they feel are very real problems. He felt they are very aware of what the potential problems are and they feel they have a fairly good grip ort these situations. Mr, Turnbull stated the Fire Chief and Civil Defense Director periodically put in bud9et requests for certain pieces of equipment or expenditures for certain types of equipment. They are now looking at a radio-activated outdoor warning system versus the system they now have which is a system hooked up to a telephone. Also. the Fire Dept, sent three officers to a special school in florida for training on how to deal with certain types of hazardous chemicals. Mr. Minton stated one of the questions the Comnission had was whether there was any role the Commission could play regarding the plan, for example, in comnunicating to the community. Mr. Turnbull stated they would like to feel that the community has an adequate and ample opportunity to receive information about what to do during certain disaster situations; however, they do not want anyone to feel there is any type of overkill with that type of information. There are a variety of cir- cumstances under which various types of actionS should be taken, They have certainiy made an attempt to notify the public, but it was not an area that should be overlooked and an area they could do more in. If the Cortmission were to focus i.ts attention in the area of communication, the City might be able to develop some type of material or media approach that might provide additional effort in the area of cortmunicating to the public. ,! HUh�N RESOURCES COFAIISSION MEETING, OCTOBER 6 1983 PAGE 3 Mr. Turnbull stated tfie Commission could possibly undertake a study of the current warning procedures and current plans that are available in the schools. The City encourages the local businesses who deal with hazardous materials to provide the City with plans, but there might be more that could be done in the area of schools in providing more information, not only to the school administrations, but to tfie parents. For example, what is 9oing to fiappen to the children at 3:15 p.m. if there is a tornado: That is a real concern to parents. The school administration knows what is going to happen, but do the parents? Mr, Turnbull stated one big problem is that most buildings and most schools are designed and built before there is any worry about a shelter area. He thought something the Cor.mission might want to do, from a legislative recommendation point of view, is provide sane type of recommendation on up the line for new development and new construction in ihe City, where there would 6e some kind of consideration for this particular area of security. Safety and security are not always the things of highest priority when it comes to constructing buildings. He thought one of the responsibilities the City has in the Disaster Preparedness Plan for natural disasters and civil defense was to try to recognize the potential hazards and recognize how the City can deal with the hazards before they actually come. The Cortmission might want to look at that area, also. Mr. Turnbull stated there has been some state legislation passed in 1982 that requires mobile home parks to provide a plan for evacuation from the mobile home to a shelter area or away from the park. So, people are starting to realize, at least at the state legislation level, that a little more aggressive approach has to be taken. Mrs. Kocher asked about the mobile home parks in Fridley. Mr. Turnbull stated there are two mobile home parks in Fridley. The City - has been working with them and apprising them of the state requirement and giving them some guidelines for preparing shelters. Ne fe]t the two mobile hane parks in Fridley are in pretty good shape. Mr. Minton stated one of the complaints he has heard is that mobile homes in those parks are not adequately anchored down in case of a high wind or a tornado, The suggestion was made that there should be a city code mandating that mobile homes be anchored. Mr, Turnbull stated the problem canes with the word "anchored". With some tornados the winds are very minimal, and the difference between a"mini" tornado and a"maxi" tornado is significant as far as the amount of force that can occur. What the City may consider to be "adequately anchored" may not be. Even if the bed of the mobile home stays where it is, the construc- tion of the home itself is a disaster. HUf1AN RESOURCES COMMISSION MEETIN6, OCTOBER 6, 1983 PAGE 4 x" Mrs. Kocher stated that if there was a disaster and the City had to go to the point of appointing deputies in a neighborho�d, would those persons be properly identified? Mr. Turnbuli stated that the likelihood of appointing civilians to operate in that capacity was questionable. The City has access to a number of volunteer groups, some of which have had fairly extensive training. He stated they are looking at that issue in the City of providing some type of identification clathing. He wanted to assure the Comnission that he felt very confident that in case of a disaster, the City could respond quickly and adequately. Mr. Hunt stated the police and fire people would be uniformed. In case of an emergency, the Public Works people have been informed to wear speciat jackets. There are also about 20 city employees who have ordered special jackets with the city identification and civil defense badges. Mr. Treaenfels asked how residents who take an interest in the comnunity can familiarize themselves with what to do in case of a disaster. He stated the first paragraph on page Lwo of the "Overview" states: "During a Civil Defense ' Emergency, the State Director or a member of a class of inembers of a state or local Civil Defense organization desi nated by the Governor may, when necessary to save life or property: �1) require any person, except members of the Federal or State military forces and officers of the State or a political subdivision, to perform services for Civil Defense purposes as directed by any of the persons first above described, (2j comnandeer during a Civil Defense emergency, any motor vehicle, tools, appliances or any other personal property." He asked Mr. Turnbull how a resident could tell the person acquisitioning property for an emergency from the person who is actually a looter. Mr, Turnbult stated that (1) you would need to get additional information over the radio, television. cable TV, etc., because the nature of the disaster should dictate what action a person takes; (2) It would be more complicated when they are dealing with the authority given to various individuals under limited circumstances in which the authorized persons might ask to use some piece of equipment or ask the resident to perform some service. Obviously, there better be a disaster. and the resident should be aware of that. The type of thing Mr. Treuenfels is talking about could only happen under a very limited set of circumstances. The Mayor alone has the authority to declare a disaster and the Civil Defense Director, Mr. Hill, through the Mayor's authority, has the authority given to him under federal law to do some of these things oniy under the most severe circumstances. The appropriate level of identification would be necessary and the key would be that the request is reasonable and seems appropriate. He stated this is put into the Disaster Preparedness Plan not so much for a natural disaster but more for a nuclear disaster. � �. HUtMN RESOURCES COMMISSION"MEETING OCTOBER 6 1983 PA6E 5 Mr. Turnbull stated the Comnission's concerns are real, but he believed from the experience during the last actual emergency and from the significant amount of training that is going on in this county, they feel they can adequately respond to the particular concerns expressed by the Commission members. Mr. Treuenfels asked if it would be possible to have a refresher article a6out disaster preparedness put into the city newsletter from time to time. Mr. Turnbull stated they usually do that in every two or three issues. If it is put in every time, people tend to place less importance on it. But, Mr. Treuenfels had a good point, and they could probably also provide that information through some other media such as cable TV. Mr. Minton thanked Mr. Turnbull for his presentation and for the assurances he had given the Comnission. He stated the Cortmission would discuss further what they could do in these areas and would get back to Mr. Turnbull. Mr. Turnbull stated he would be 91ad to be available whenever the Commission would like to meet with him or whenever the Commission wanted any further input. Mr. Minton asked Mrs. Kocher if she would like to contact-the schools to find out what their current emerge�cy plans are. Mrs. Kocher stated she would ca11 the Superintendent of the Fridley school system, Dr, Rens, and find out how often Fridley schools have emergency drills. Mr. Minton asked Mrs. Kocher to also find out if Dr. Rens feels there is a need to do anything else in the school district in terms of practicing or planning for emergencies or disasters. 2. Consideration of Promotion of Volunteerism among Fridley Citizens Mr. Minton stated he has looked over the materials from past meeting. He has talked to the volunteer coordinator and the auxilliary president from Unity Nospital which he believed was the largest volunteer recruitment and placement organization in the comnunity. He talked to them about the fact that if the City has an event during Volunteer Recognition Week (either late April or early May 1984), would it interfere with the plans Unity might have for their volunteer recognition: Jane Greene, the volunteer coordinator, thought it would be fine. Unity does have a volunteer recognition program every year, but she saw no interference with a city program to give tribute to volunteers in general. Mr, Minton stated it was his idea to have some kind of event sponsored by the Human Resources Commission during Volu�teer Recognition Week which would probably a"wine and cheese" type of event. They wouTd invite volunteers or their leaders from churches, hospital, all organizations that belong to the list of professional volunteers, and anyone else in the community. They would have some kind of ineeting with some type of tributes and recognition given out by the City. He would like the Mayor to be there. �, HUMAN RESOURCES COMMISSION MEETING, OCTOBER 6, 1983 PAGE 6 Mr. Minton stated he would like to keep the event simple and se7f-supporting in terms of expenses. Mr. Minton stated his next step is to taik to Carolyn iverson, Anoka County Volunteer Coalition, and Ceil Smith from the City of Edina. He would then report back to the Commission. Mr. Hunt stated there is a community award banquet put on annually by the Chamber of Commerce. Mr, Minton should probably contact the Chamber of Commerce and coordinate this with them, 3. Status Report on CDBG Funds Mr. Hunt stated he had gotten a status report on the CDBG funds from Mr. Boardman. He stated there are really two issues: (1) handicapped retrofit of public facilities, mainly the Civic Center. The City Council has allocated funds from the CDBG funds to retrofit the Civic Center and this should be completed in the spring of 1984. (2) human services funding. � Mr. Treuenfels stated he would like to see a copy of the study that was done for the retrofitting of the Civic Center. Mr, kunt stated he wou7d make a copy available to the Commission. Mr. Hunt stated that as he understood it, there is a certain amount of CDBG monies in various categories that the City can designate where it goes. Some of it is already committed on a contingency basis. For example, the City is buying the land along the Mississippi for the Riverview Heights park. A LAWCON grant was approved for the acquiring of the Tand; therefore, the City needs a certain amount from CDBG funds to match the LAWCON grant. That has already been approved. The other is the St. Phillips elderly/handicapped housing project. If the project gets funded by HUD, then CDBG funds have already been promised for that. This all means less of the pi� for human services. Mr. Hunt stated that as he understood it, the most human services funding there will be is $17,000. The least could be about $10,000. There should be a decision by Oct. 17 from the City Council on the allocation of the CDBG funds. In December, they hope to have a review process set up so that in January 1984, they can issue rec;uests for proposals. From Feb, to April they will receive applications; and then allocate funds in May or June. 4. Consideration of the Issue of Voting Rights of Prior Lake Indians At the last meeting, Mr. Goodspeed had brought up this issue that had appeared in the Minnesota l.eague of Human Rights Cormnission newsletter. The Commission members had agreed that Mr, Goodspeed should write a letter to the League requesting more information. Since Mr. Goodspeed was not at the meeting, he had brought in the President's Report from the League of Human Rights Commissions which gave an update on the situation: "On Aug. 29, the Comnission had sent a letter to Irene Gomez- Bethke. Ort Sept. 8, the Comnissioner filed a charge against the City of ;� �, HUfMN @ESOURCES COMMiSSION MEETING OCTOBER 6 1983 PA6E 7 Prior Lake alleging violation of the Minnesota Human Rights Law in the area of public services on the basis of race and national origin. In addition, the ll,5. Justice Dept, has also cf�arged the City in federal court with violation of federal voting rights and an injunction has been issued which should preserve voting opportunities for reservation residents while the case is being pursued. The League of Minnesota Human Rights Commissions will monitor happenings and will watch for opportunities to help". 5. Review of Commission's Work Plan a. Law Interest Loan Program for Barrier Removal Mr. Hunt stated that Mr. Boardman had said the loan program has not been considered mainly because the City is not staffed to handle it and because of the amount of money needed. Mr. Minton stated there also seemed to be little interest on the part of the small business owners. b. Estab9ishment of Conxnunication and Correspondence with otfier Human Rights Commissions Mr. Treuenfels stated he has talked to 5haron Provart, who has expressed an interest in the Columbia Heights and Fridley commissions meeting jointly. So, the two commissions will meet on Wed., Oct. 12 at 7:30 p.m. at the Columbia Heights City Hall. Mr, Minton stated he would plan to attend that meeting and he hoped they would have a good representation from tfieir Commissio�. c, Establishment of Connection with the Anoka County Community Hot�sing Resource Board (ACCHRB) Mr. Treuenfels stated he fias met with Mary Cayan, who is a representative on the ACCHRB. Apparently, ACCHRB exists as an entity completely independent of Anoka County Social Services and other county groups organized with the approva7 of HUD. Mr. Hunt stated one issue the ACCHRB is dealing right now is the dis- crimination against women in housing. Mr. Treuenfels stated it would be good if there was a closer contact established between Fridley and ACCHRB. Mr. Hunt stated it is a very active and strong Board, and Ms. Cayan felt it would strengthen the Board if there was a 7iaison from Fridley. HUMAN RESOURCES COM�4ISSION MEET3NG OCTOBER 6 1983 PA6E 8 OTHER OLD BUSINESS: 1. Co�nunity Program Award of $7,000 Mr. Hunt stated the ceremony presenting the check and placque to the IYDP Corr�nittee was held on Sept. 26. Congressman Sikorski was unable to attend but his wife, Susan Sikorski, came in his place. He stated the placque is on display in the City Council chambers, fJ1fI� �117�1y1� MOTION BY MR. TREUENFELS� SECONDED BY MRS. KOCXER� TO ADJOURN THE MEETING. UPON A VOICE VOTE� ALL VOTING AYE� VICE-CHAZRPERSON MZNTON DECLRRED THE OCT. 6� 2983, HUMAN RESOURCES COMMZSSION MEETZNG AA70URNED AT 9:15 P,M. Respectfully submitted, Y Ly�� Recording Secretary k y CITY OF FRIDLEY APPEALS COMMISSION MEETING, OCTOBER 11, 1983 CALL TO ORDER: Chairperson Gabel called the October 11, 1983, Appeals Commission meeting to order at 7:33 p.m, ROLL CALL: Mernbers Present: Pat Gabel, Alex Barna, �ean Gerou Members Absent: Jim Plemel, Donald Betzold Others Present: Darrell Clark, City of Fridley Dean Christenson, 173 River Edge Way Dona L. Christenson, 173 River Edge Way Gordon K. Griebenow, 169 River Edge Way Larry A. Soren.:on, 172 River Edge Way APPROUAL OF SEP7EMBER 20, 1983, APPEALS COMMISSION MINUTES: MOTION BY MR, BARNA� SECONDED BY M5. GEROU� TO APPROVE THE SEPTEMBER 20� 1983, APPEALS COMMZSSION MINUTES. Mr. Barna made the following correction on page 5, paragraph 1, line 10: •Mr. Barna also wanted to know who requested the service drive." UPON A VOICE VOTE� ALL VOTING AYE� CXRIRPERSON GABEL DECLARED THE MINUTES APPROVED AS CORRECTED. 1. REQUEST FOR A VARIANCE PURSUANT TO ores stenson, iis kiver DLEY CITY CODE , Fridley, MOTION BY MS. GEROU� SECONDED BY MR. BARNR� TO OPEN TNE PUBLIC HEARING, UPON A VOICE VOTB� RLL VOTING AYE� CHRIRPERSON GABEL DECI.ARED THE PUBLIC XERRING OPEN AT 7:36 P.M. Chairperson Gabel read the Staff Report: ADMINISTRATIVE STAFF REPORT 173 River Edge Way N.E. A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205,073, 46, (2), requires a side yard adjoining an attached garage to be not less than 5 feet wide. APPEALS LOMMISSION MEETING, OLTOBER 11 1983 PAGE 4 UPfJN A VOICE VOTE� RLL VOTING AYE, CXASRPERSON GAB£L DECLARED TNE MOTIO!� CARRZED UNANINDUSLY. Mr, Clark stated that the petitioner and Mr. Griebenow should discuss this and indicate on the survey what type of barrier Lhey agree upon. This should be brought in when they come to get the building permit. ADJOURNMENT: MOTION BY PD2, AARNA, SECONDED BY MS, GEROU� TO AATOURN THE M£ETItiG. UPOh A YOZCE VOTE, ALL VOTING AYE� CHAIRP£RSON GABEL DECLARED THE OCT09ER II, 1983, APPEALS CpMNISSZON NEETING AA7QJRNED AT 8:00 P.X, Respectfully su itted, Lyn Sa a Recording Secretary r; � APPEALS COMMISSION MEETING OCTOBER 11 ]983 PA6E 3 Mr, Griebenow stated there is a 2 ft, strip that will be left on the west side of the garage, and there is some question as to whether firewood or anything else would be stored along there. He would not like to see the petitioner store anything o��tside along the west side of the garage. He stated he has three children who play in his driveway. With the other driveway being so close, he would like to see a fence between the two driveways. Ms. Christenson stated they have discussed this addition with Mr. Griebenow. They know Mr, Griebenow does not want the firewood stored alongside the garage. She stated they would store the firewood behind the house or in the garage if there is room. She stated Mr, Griebenow's back yard is fenced for his children and a dog; however, the children also play in the driveway. In their discussions, Mr, Griebenow had not mentioned anything about fencing between the two driveways. She stated they will continue to have the same traffic in and out of their driveway as in the past. Before the new driveway was put in, they parked cars to the west of the driveway on the grassy area. With the new driveway, the extra vehicle will be parked on the east side and would be away from Mr, Griebenow's side of the property. Mr. Barna asked how far Mr. Griebenow's garage was from the property line. Mr. Clark stated it wes 6 ft. MOTION BY MR. BARNA� SECONDED BY MS. GEROU, 2b CLOSE THE PUBLIC HEARING. UFON A VOZCE VOTE� ALL VOSING AYE� CHRIRPERSON GABEL DECLARED TNE PUBLIC HEARTNG CLOSED RT 7:48 P.M. Ms. Gerou stated she had no objection to granting the variance with stipula- tions. Mr, Barna asked Mr. Griebenow if he would be agreeable to a stipulation in the motion requiring the petitioner to work with him on some type of barrier - between the two driveways. Mr, Griebenow stated he was agreeable to that. Ms. Christenson stated that was also agreeable with them, MOTION BY MS. GEROU� SECONDED BY PII2. BARNA, TO GRANT THE VARZANCE REQUEST TO REDUCE THE REQUIRED SIDE YARD SETBACX FROM 5' TO 2� TO ALLOW R 7' ADDITION TO AN EXZSTING GARRGE MAKING A 21' SY ?2' GARAGE, ZAT 6, BLOCK I� RZVER EDGE ADDITION� TNE SAME BEING 173 RZVER SDGE WAY� FRIDLEY� MINNESOTA� WITH THE FOLLOWING STIPULATIONS: 1. NO WZNDpWS BE PLACED ON THE WEST WRLL OF THE GARRGE. 2, THE GARAGE BE SHEETROCKED SINCE IT WILL BE CLQSER THAN 3 FT. TO THE PROPERTY LINE. 3. THERE SNOULD BE LITSLE OR NO OVERXANG ON THE ROOF SO THE ROOF WATER FRLLS ON THE PETITIONER�S PROPERTY. 4. NO STORAGE ON OUTSIDE WEST GARAGE WALL. 5. AN AGREEMENT BE MADE BETWEEN MR. GRZEBENOW AND THE PETITIONER CONCERNZNG A BARRZER BETWEEN THE TWO DRIVEWAYS. APPEALS COta1ISSI0N MEETING OCTOBER 11 1983 PAGE 2 Public purpose served by this requirement is to provide space between individual structures to reduce confla9ration of fire, to provide access to the rear yard for emergencies and to limit the condition of crowding in the residential neighborhood. 8. 57ATED HARDSHIP: "Existing attached, single car garage is built about 9 feet from the property line. Need additional car parking and storage. Conversion of existin9 single car to double car garage is necessary to provide addi- tional car parking and storage." C. ADFtINISTRATIVE STAFF REYIEW: If the Board moves to approve this request, we would recortanend that no windows be placed on the west wall and that it also be sheetrocked since it will be closer than 3 feet to the property line. Also, there should be little or no overhang on the roof so that the roof water falls onto the petitioner's property. Mr. Clark stated they have received a verifying survey and the existing garage is in excess of 9 ft. (9.2 ft.) from the property line. It will be a little more than 2 ft. from the property line if the variance is approved. The existing garage is 14 ft. and the addition of 7 ft. will make it 21 ft. wide. Mr. Clark stated he did receive a telephone call last week from a neighbor about the placement of the driveway. When he went out to the residence, the petitioner had already formed up for the concrete driveway. It was originally placed 2 ft, from the property line but was retocated to 3 ft. which is what the present code requires. Ms. Gabel asked the petitioner to explain what they are proposing. Ms. Dona Christenson stated she was representing her mother, Dolores Christenson, who was the owner of the property. She stated that right now they have a single car garage. She and her mother have two fairly new cars, but they can only park one of the cars in the garage. There are three adults living at this house with three cars. They put the driveway in to park the three cars in the driveway, but it would be nice to park the two new cars in the garage. They also need extra storage space for lawn equipment, tools, firewood, etc. Mr. Larry Sorenson, 172 River Edge Way, stated he lives directly across the street and has no objection to this request. Mr. Gordon Griebenow, 169 River Edge Way, stated he lives right next door. He stated he had some minor objections to this request. He agreed that the Christenson's needed the larger garage, and he was basically willing to go along with the request, but he would like to see some stipulations put on the addition. CITY OF fRIDLEY COMMUNI7Y �EVELOPMENT COMMISSION MEETING OCTOBER 11, 1983 CALL TO ORDER: Chairperson Oquist called the October 11, 1983, Comnunity Development Commission meeting to order at 7:35 p.m. ROLL CALL: Members Present: LeRoy Oquist, A1 Gabel, Ken Vos, Louis Schmidt Members Absent: Carol Fassett Others Present: Mark Burch, Asst. Public Works Director APPROVAL OF AU6UST 9 1983 COMMUNITY DEUELOPMENT COMMISSION MINUTES: MOTION BY MR. SCHMIDT� SECONDED BY DR. VOS� TO�APPROVE THE AUGUST 9� 1983� COMMUNZTY DEVELOPMENT COMMISSZON MINUTES AS WRITTEN. UPON A VOICE VOTE� ALL VOTING AYE� CXAIRPERSON OQUZST DECLARED THE MOTION CARRZED UNANIMOUSLY. 1. fIWALIZE DISCU55ION OF "TRUTH-IN-HOUSING" PROGRAM: Mr. Oquist stated the Commission should probably decide whether they want to recommend that a"truth-in-housinq" ordinance be established in the Citv of Fridley. Dr. Vos stated it is a strange phenomena, because it is kind of a quasi-public inspection, but yet isn't. It cou7d be misinterpreted by both the buver and the seller as to what it really means. "Truth-in-housing" is a catchy Dhrase. Dr. Vos stated that right now his church board is involved in litigation with Minneapolis Truth-in-Housing. His experience, based on that litiqation, does not give him any confidence that "truth-in-housing" protects either the buyer or the seller. The situation was that the buyer saw the "truth-in-housing" cfiecklist before the closing on the house. Because of the checklist, certain things were negotiated before the property was purchased, The buyer purchased the house, but a coupie of months later, a big rain flooded the basement. The buyer then came back and said the checklist should have reflected water dama9e. Upon closer inspection, they could see the water line. So, the buyer counter- sued the church. The "truth-in-housing"inspector was reallv the one who filled out the form but never checked off that there were any water problems. if it was true. The other thing the "truth-in-housing" inspector did not do was require the seller (the church) to sign off. Dr. Vos stated he did not know if that was an oversight on the part of the inspector or not. COMMUNITY DEVELOPMENT COMMISSION MEETING OCTOBER 11 1983 PA6E 2 Dr. Vos stated that this was similar to what Mr. McCarty of Edina Realty said at the Aug. 9, 1983, Commission meetino: "What would happen if a "truth�in-housing" inspector said samethina was fine, and then two days 1ater it wasn't. Who was responsible--the seller or the inspector?" Mr. Oquist stated all "truth-in-housing" really does is make the buyer aware of any deficiencies in the house. One thing he had suggested was that maybe the City could provide a blank form similar to the "truth-in-housing" form that would be availabie to the prospective buyer so the buyer would have a guide of things to look for when going throuqh a house. Mr. Oquist stated that one other thinq Mr, McCarty had said at the Aug. 9th meeting was that the inspection should be done 14 days after the seller signs with the realtor. Today, the seller has to have the "truth-in-housinv" form available before he/she lists the house with a realtor so the first prospective buyer can look at the form. Mr. McCartv thought there should be a"grace" period in there, because what could happen is that an inspector and a realtor could get together, and the inspector could tell a realtor every time a house is being made ready for sale. Mr. Oquist stated that in theory, the "truth-in-housing" is a good idea, especially for first-time home buyers, but there are some weak spots. Dr. Vos stated they have to ask themselves if it was the role of the City to provide that kind of service. Mr. Burch stated maybe they should be encouraginq realtors to put out a pamphlet for first-titne home buyers giving them a list of things to look for. Mr. 5chmidt stated Edina Realty does give a checklist that is very similar to a"truth-in-housing" form. The sel7er fills out this checklist. Mr. Burch stated that he would think the competitiveness of the realt.y business right now would get something like that going, Mr. Gabel stated his concern would be the enforcement of a"truth-in-housing" ordinance. What good is an ordinance if they are unable to enforce it? Mr. OQUist stated Mr. McCart.y was probably more pro than con, but he thouaht what Mr. McCarty was saying was that "truth-in-housing" is something that is aood and helpful, but it is probably not enforceable and the buyer is relying on the judgement of an inspector who does not have any liabilit.Y. Mr. Oquist stated that when people sell YA or FHA, there are inspections, and it is enforceable. MOTION BY DR. VQS, SECONDED BY A42. GABEL, TNAT AFTER RESEARCNING THE NEED FOR "TRUTH-IN-HOUSING" IN THE CITY OF FRIDLEY� THE COMMUNITY DEVE7APMENT COMMISSION HAS DECIDED NOT TO pURSUE THE MATTER OF A"TRUTA-IN-HOUSING" ORDINANCE. UPON A VOICE VOTE� ALL VOTING RYE, CHAIRPERSON OQUZST DECLARED THF. MOTION CARRZED UNANIMOUSLY. COMMUNITY DEVELOPMENT COMMISSION MEETING, OCTOBER 11 1983 PAGE 3 2. Mr, Oquist statPd it was the recomrr�ndation nf thP Planninn Commission that this ordinance be reviewed b.v the Communitv Development Corarnission an� the Chamber of Commerce as it directly affects the businesses in Fridley. Mr. Oquist stated that under 14.05 Application, #9, it stated: "A statement as to whether or nnt the applicant has been convicted of any crime, misdemeanor, or violation of any Municipal Ordinance, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefore", He stated he did noi think it was legal to ask those kinds of questions. Mr. Oouist stated it is interesting to note in this ordinance that all orqani- zations and associations, includinq non-profit organizations such as the FYSA, Little League, religious qrouos, etc., must have a permit to solicit in the Citv of Fridley. Mr. Oquist stated he did not think the Comnission could do much until they received some input from the Chamber of Commerce, Dr. Vos stated the ordinance seernad pretty straight-forward. Mr. Burch stated one good thing about this ordinance is it will give the police a tool for enforcement that thev do not have riaht noH1. Without an ordinance, all the police can do is ask peddlers to leave. MOTION BY DR, VOS� SECONDED BY MR, GABEL� TO RECOMMEND TXF. ADOpTION OF A NEW CXAPTER Z4 ENTITLED "PEDDLERS� SOLIC7TORS� S TRANSSENT MERCNRNTS" AND REPEAL THE OLD CHAPTER 14 ENTITLED "pEDDLERS" OF THE FRZDLEY CZTY CODE, CONTINGENT UPON A STATEMENT OF CONCERN FROM TXE CHAMBER OF COMMERCE. ZF NO COMMENT OR CONCERN IS RECEIVED FROM THE CHAMBER OF COMMERCE BY THE NOV. 15� 1983, COMMUNITY DEVELOPMENT COMMZSSION MEETING, TXIS RECOMMENDATZON IS TO BE PASSED ON TO TNE P71lNNING COMMZSSION AS OF THZS DATE.. UPON A VOICE VOTE� ALL VOTING AYE, CHAIRPERSON OQUIST DECLARED THF MOTION CARRIEL UNANIMDUSLY. ADJOURNMENT: MOTION BY MR, GABEL. SECONDED BY MR, SCHMZIYl TO RA70URN THE MEETINC. UPON R VOZCE VOTE, ALr. VOTING RYE, CXAIRPERSON OpUIST DECLARED THE OCT. 11� 1983, COMMUNITY DEVEIAPMENT COMMISSION MEETING ADJOURNED AT 8:30 P.M. Respectfully submitted, �� yn Sa a Recording Secretarv I � .:• � � � « . AN ORDINANCE ADOPTING A NEW CHAPTER 218� ENTITLED "HAZAi2D00S WASTE OONIIt�,", OF 'i�HE FRIDLEY CITY ODDE '1�iE CITY QOiJJNCIL OF ZHE CITY OF FRIDLEY DOFS ORAAIN AS F'vI�IAF7S: 218.01 STATII�IP OF PC3LICY �he City of Fridley deans it necessary to provide for the special and e�cpress regulation of hazardous waste storage and treatrnent facilities which exist as the princip3l use in order to protect the public health, safety and general welfare. 218.02 DEFINITIONS When used in this Chapter, the follaaing terms have the follaaing meanings: 1. Hazardous Waste Storage and Tzeatrnent Facility. Any building, structure, or use of land devoted, or intended to be devoted, primarily for changing by any method, technique or process, including neutralization, the physical, chanical or biological character of any waste material, so as to neutralize such material or render it non-hazardous, safer for transport, amenable for recovery, storage or reduced in bulk. Any facility must be an intetr,iediate phase in the treatment of hazardous waste, and after the waste has been treated, it shall be transported from this site. 2. Hazardous waste. Any refuse or discarded matezial or combinations of refuse or discarded materials in solid, semi-solid, liquid, or gaseous form which cannot be handled b� routine waste managenent techniques because they pose a substantial present or potential hazard to h�man health or other living organisns because of theic chemical, biological, or physical properties. Categories of hazardous waste materials include, but are not limited to: explosives, flanmiables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage sludge and source, special nuclear, or by-product material as defined ty the Atanic Energy Act of 1954, as amended. 3. Solid Waste. Garbage, refuse, sludge from a water supply treatrnent plant or air contaminant treatment facility, and other discarded waste materials and cor,unercial, mining, and agricultural operations, and fram cammmity activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other �rn�an pollutants in watet zesources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the federal water pollution control act, as amended, dissolved materials in irrigation return flavs; or source, special nuclear, or by-product material as defined by The Atomic IIierc�. Act of 1954, as amended. -1- , � 4. DisposaL 7Yie discharge, deposit, injection, d�nnping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constitutent thereof may enter the envirorm�ent or be anitted into the air, or discharged into any waters, including ground waters. 5. Hazazdous Waste generation. �e act or process of producing hazardous waste. 6. Erroirorunental Im�ct Statanent. A detailed written statenent as required hy Minn. Stat. S 116D.04. 7. Hazardous Waste Managenent. The systematic control of the collection, source separation, storage, transportation, processing, treatrnent, and disposal of hazardous waste. 8. Manifest. 7i1e form used for identifying the quantity, composition, and origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, t�eatrnent, or storage. 9. Sludge. Any solid, semi-solid or liquid waste generated from a munici�l, commercial, ` or industrial waste water treatrnent plant, water supply treatment plant, or air pollution conttol facility or any other such waste having similar characteristics and effects. 10. Storage. ?he contairanPnt within a building of hazardous waste, either on a temporary basis or for a period of years, in such a m�ru�er as not to constitute disposal of such hazardous waste. 11. Treatrnent. Any method, technique or process, including neutrali.zation, desicpled to change the physical, chemicalr or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste non-hazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in vol�ane. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it norrhazardous. 218.03 SPECIAL USE PFRMIT RF7Q[)IRII+IIIdP AtID ZONING Hazardous waste storage and treatment facilities which are principal uses may be permitted only after a special use permit has been o6tained. Hazardous waste storage and treatment facilities may be located in Heavy Industrial (M-2) Zones only and subject to all applicable provisions of this Chapter. 218.04 P,PPRL7JAL (ItITERIA A Special Use Permit shall be approved only if consistent with all of the follaaing objxtives: 1, �at the proposed hazardous waste facility is developed and operated in accordance with all applicable local, state, and federal laws, rules and regulations; -2- � 2. 'li�at the hazardous waste facility is developed and operated in such a maruier so as to minimize the possibility of ground water pollution to the greatest extent possible in order to maintain the che�nical, physical, and biological integrity of the nation's watets, in ocder to achieve and maintain a level of water quality which prwides for the protection and prog�gation of fish, shell-fish, and wildlife and for recreation in and on the water; 3. That the proposed hazardous waste facility be developed and operated in such a maruier so as to minimize air pollution to the greatest extent possible; 4. Zhat the proposed hazardous waste facility be located no closer than fifteen hundred (1500) feet of any EII]D flood plain, shozeland, wetland, body of water, or ground water recharge area or aquifer, in order to protect potential drinking water sources; 5. That sufficient safeguards against spills, fices, and e�cplosions ace established to protect the public health, safety and welfare to the greatest extent possible; 6. Zhat the proposed site fot hazardous waste facilities be developed in such a way so as to prwide for opaque screening and landscaping to minimize the negative visual impacts fran such a facility on ar�y adjacent property; 7. That the proposal is consistent with all agplicable codes and regulations of the Fridley Code and Zonin9 Ordinance; and 8. That the proposal be consistent with the Comprehensive Plan. 218.05 CCR�IDITIONAI� USE PERMIT APPLICATION PRAC�URFS. 1. Prior to the submittal of a conditional use permit application, the developers or owners of the proposed facility shall meet with the City to review all applicable ordinances, regulations, and future plans for the area adjacent to the property being developed. 2. The developers or owners of the proposed facility shall prepare prelvninary drawings in accordance with the regulations of Section 218.10 and an environmental impaCt statenent and submit the same to the City, 60 days prior to the public hearing. 3. Upon staff approval of the application for hazardous waste facilities, the -application will be scheduled for review b� the Fridley Environment Quality Co�mnission. 4. 7he application for the conditional use permit will then be scheduled for a public hearing before the Planning Co�nission. 5. 2Y�e Notice for Public Hearing shall be published in the official news�per at least ten (10) days. but not more than twenty i20) days, prior to the public hearing, at which time the itan will be heard. Notices will also be sent during this time period to property owners within 1000 feet of the subject property. 6. The Planning Commission shall hold a public hearing on the proposed conditional use permit. Follaaing the public hearing, the Planning Ca�mission shall, within ninety (9Q� days, suYmit in writing, to the City Council, its report, its findings, and its recatmiendation as to the appropriateness of the proposed development, and shall recommend approval, modification, postponement, or disappra�al, based upon the criteria set forth in Sections 218.03, 218.04 and 218.16 of this Ordinance. -3- � 7. The application for the conditional use permit shall be scheduled f or a City Coimcil meeting. 8. The City Coi.uicil, shall consider the application pursuant to Sections 218.04 and 218.16 and shall approve, disapprove, postpone, or modify the proposal. 9. After City Council app�oval of the agplication for a conditional use permit and the apprwal of the preliminary plans, the owners or developers shall file final plans with the City. The final plans shall be processed in the same mannet as the conditional use permit and preliminary plans. A certified copy of the conditional use permit shall be recorded in the Office of the Anoka Coimty Recorder or Regi5trar of Titles, pursuant to Minn. Stat. Section 462.3595, Subd. 4, 10. Should the City Council disapprove the application for a special use permit and preliminary plans, the owners or developers may prepare another preliminary plan and resubmit to the City. 218.06. Cf3F�IJGFS IN PLANS. 1, If the applicant proposes major changes in the final site plan that are inconsistent with the preliminary site plan, these changes can only be made b3 resukx2ission of a new preliminary site plan and new conditional use permit application to the City and rescheduling of this iten before the Envirormiental Quality Conanission, a new public hearing before the Planning Commission, and reviewal again b� the City Coimcil. 2l�e folloaing constitute major changes: A. Increase in the size of the proposed structure or development; B. Change in architectural desicy� or style; C. Increase in the height of the building; D. A major modification to the landscape plan; E. A significant reduction in proposed open s�ce and buffering; F. A change in the development schedule; G. Change in rasd location or standards; and H. Other changes as determined to be major by the City Council. 2. Minor Qianges. The City Council may, in its discretion, permit minor deviations fran the preliminary site plan, which do not change the concept or intent of the proposed development as previously approved. 218.07. TIME LIMITATIONS. If final plan apprwal is not granted within a six (6) month period from the time of the agpcwat of the conditional use perr,�it application and preliminary plans, the proposal shall be declared null and void and the applicant will have to re--file a preliminary plan and conditional use permit application with the City. 218.08. S'PAAIDARD6 1. The property must be zoned M-2, Heavy Industrial District, 2. Minim�an setbacks from property line, major roads, and other buildings, shall be 200 feet. Minimian setbacks fram any residential structure shall be onrhalf mile. -4- # 3. Minimian lot size shall be 10 actes; maxim�an lot coverage shall be 258; maximian area for parking shall be 258; maximiun building height shall be 40 feet; building materials shall be concrete, wood, or brick; and no metal buildings shall be allaved. 4. Minimian landscape area shall be 508. 5. Rhe entire site shall be ogsguely scre�ed so that the building or parking or storage areas cannot be seen frcm a public street. 6. Minimim plant sizes: shade trees shall be 3 1/2 inch caliber; small trees shall be 3 inch caliber; flowering trees shall be 3 inch caliber; shrubs shall be 3 feet in height; and coniferous trees shall be 12 to 15 feet in height. 7. No migration of water overland shall be permitted beyond the property lines. All ponding of water shall be contained on the site and provisions made to contain all water runoff outside or inside of the facility, and shall not be discharged into the municipal sanitary sewer systen or any storm water systen or ditch. 8. Concrete curb shall be required along all parking areas. All parking areas shall be concrete surfaces. 9. No outdoor storage shall be penni.tted. : �• •a��•� •� ��� R4�e operators of the hazardous waste facility shall maintain records of all hazarcbus waste identified or listed which is treated, disposed, or stored, and the manner in which such waste are to be treated, stored, or disposed of. The operators of the facility shall submit a quarterly report to the City Council, identifying the treaUnent, storage, or disposal of all such waste received 1� the facility. 218.10. PRII�IMYNAF2Y PLANS RD�iIIRID 1, Maps of the area within one half mile of the exterior property lines of the proposed site, and including the proposed site, which shaa: A. All dwelling units, other principal buildings and structures and streets; B. All sic�ificant topographical features; C. All surface water; D. All sanitary sewer systans; E. All storm water n�anagenent systens; and F. All wells. 2. An engineering certification for the pcoposed site and the area within one half mile of the proposed site mncerning the follaaing factors: A. Depth to seasonally high water table; B. Soil drainage, composition, thickness in permeability; C. Flooding, groimd water recharge areas, aquifers, and flood plains; D. Depth to bedrock; and E. Prevailing wind conditions. 3. Certification fran the Minnesota Pollution Control Agency, Anoka County -5- t Health Board, Metropolitan Coimcil, State Fhvirornnental Quality Board, State Waste ManagenPnt Board, and the Fnvirorrmental Protection Agency that the use for the proposed site is in canpliance with the appropriate local, state and federal laws, rules and regulations governing: air quality standards, water quality standards, and waste water standards. 4. A narrative explaining the estimated composition, quantities, and wncentrations of any hazardous waste identified or listed by this Chapter, or combinations of any such hazardous waste and any other solid waste� proposed to be disposed of, treated, transported, and the ture, frequency, oz rate of which such waste is proposed to be disposed of, treated, transported, or stored. 5. Preliminary site plan - The preliminary site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet. 1l1e submission may be composed of one (1) or more sheets and drawings and shall include: A. Location of all proposed buildings and their proposed uses; B. Location of driveway and p3rking areas; C. Front, rear and side yard sett�cks; D. Square footage and dimensions of all proposed buildings; and E. Location of a11 easements width and purpose. 6. The landscape plan shall be drawn at a scale of one (1) inch equals fifty (50) feet and shall contain the follaaing inforniation: A. Areas for berming� sodding and screPning; B. Location of proposed plantings, identifying materials as shade tree, flowering tree, coniferous tree, or shrubs; C. Location of any existing vegetation; and D. Location of any trees to be renwed. 7. A grading and drainage plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet and shall wntain the follaaing information: A. Existing and proposed grades with a minimum of two (2) foot contour intervals to a known sea level dat.�nn; B. Spot elevations on all proposed hard surface areas; C. Estimated runoff of the area based upon ten and one hundred year storms; D. Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; and E. Finish floor elevations of all buildings. 8. Floor plans and elevations: All floor plans and elevations shall be drawn to a legible scale and include the follvaing information: A. Floor plans indicating square footage and dimension of all proposed toans and areas within the structure, identifying the pcoposed uses for each roan; and B. Elevations of the proposed buildings, identifying exterior treatment such as materials to be used and the color of the �int. � � us.ii. Fnu�, x�s �u�m 1. A final site plan shall be prepared at a scale of one (1) inch equals fifty (50) feet and shall oontain the follaaing information: A. Location of proposed buildings; B. Location of proposed drive«�ays and g3rking areas; C. Front, rear, and side yard setbacks; and D. Square footage of all proposed buildings. 2. Final landscape plan shall be drawn at a scale of one (1) inch equals fifty (50) feet and shall contain the follaving: A. Plant types (botanical and �n names), nim�ber, location, size, and method of installation; B. Areas to be sodded; C. Location of e�cisting vegetation; D. Location of trees to be renwed. 3. Final grading and drainage plan shall be dzawn at a scale of one (1) inch equals one hundred (100) feet and shall oontain the follaaing information: A. Existing and proposed grades witl� a minimum of two (2) foot contour intervals to a known sea level dat�un; B. SufficiPnt spot elevations on all proposed hard surface areas; C. Estimated runoff of the area based upon ten and one hundred year storms; D. Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; E. Finish floor elevations of all buildings;and F. Identify soils b3 type and location, including identification of the water table, and suitability of soil for the proposed development. 4. Final floor plans, construction drawings and elevations shall be drawn to a legible scale and shall include the follaving information: A. Plans indicating square footage, dimension, and uses of all proposed areas within the building; and B. Elevations of the proposed building, identifying exterior treatment, such as materials to be used and the coloz of the �int. 218.12. IIISPFX,TION For tl�e purpose of enforcing the prwisions of this Ordinance, any person who generates, stores, treats, transports, disposes of, or otherwise handles or has handled hazardous waste, shall furnish information relating to such waste upon request of the follaving persons: City Building Inspector; Public Works Director; Police Chief; City Manager; or the Fire Chief. Such persons at all reasonable times shall have access to and the right to copy all records relating to such waste. 1. l�ny duly authorized City personnel shall be allaaed at any reasonable time to enter any establistunent or other place where hazarc3ous wastes are or have been stored, treated, or transported fran. - 7- ( � 2. A� duly authorized City personnel shall be allaved to inspect and obtain samples fran any person of any such waste and samples of any containers or labeling for such containers. 3. 11ny duly authorized City personnel can at az�y time, without prior consent, inspect the site for the possibility of any leakage� spills, or violations of any local, state, or federal law, rules or regulations. 4, Any records, reports, or information obtained by the City shall be made available to the public. 5. 7he existence of any violation of local, state or federal laws, rules or regulations shall require the closing of said facility until it has been determined by public hearing the reasons for said violatins and the identification and implanentation of additional safeguards to prevent future violations. 218.13. RD�7IRII�115 OF flON�ZIANCE ORDIItS Any order issued pursuant to this Chapter may include a suspension or zevocation of the conditional use permit issued undet this Chaptet and shall state with reasonable specificity the nature of the violation and specify a t.ime for compliance. Any violation of this Chapter shall be considered a misdemeanor. 218.14. MONI70RING ANAI,YSIS ADID TfSTING ` 1. If the Ac�ninistrator, as designated by the City Manager, determines that the presence of any iuiauthorized hazardous wastes are being stored, treated, or disposed of, the Achninistrator may demand that the facility be closed within B hours upon written notice. 2. If the Ac�ninistrator determines that the release of any materials from a hazardous waste facili.ty or site may present a substantial hazard to human health or the e.nvironment, the P�3ninistzator may issue an ordet zequiring the owner or operator of the facility to conduct such monitoring, testing, analysis and reporting with respect to such facility or site as the A�inistrator deans reasonable to ascertain the nature and extent of such hazard, including spills, leaks, explosions, and fire. 3. If the Ac�ninistrator determines that the owner or operator, is unable to conduct monitoring, testing, and analysis, or reporting satisfactory to the Ac3�inistcator, and if the Pctninistratoz 3eans any such action carried out by the aaner or operator to be imsatisfactory, or if the Administrator cannot initially determine that there is an owner or operator who is able to conduct such monitoring, testing, or reporting, he may: A. Conduct monitoring, testing, or analysis, which he deans reasonable to ascertain the nature and extent of the hazard associated with the site concerned; or B. Authorize the state or a local auti�ority or other person to carry out any such action; and C. Require the owner or operator to pay for the cost of monitoring, testing, or analysis done by outside agencies, or individuals plus associated fees of 1Q8 for City expenses. 218.15. NbTICE OF SPILI.S� LFAR.Sr F�L�O6IOf7Sr FIRE OR ACCIDF3�fl5 In the event of any spill, leak, explosion, fire, or accident, the awner or � i operator of the facility is required, within a one (1) hour time period, to notify the following individuals: City Manager, Fire Chief, Police Chief, Metropolitan Coimcil, Minnesota Waste Managenent Board, Anoka County Health Department, and Pollution Control Agency. Failure to repozt such incidents within the one (1) hour period shall constitute a misdemeanor. 218.16. GII�F1L FII�IDII�S As a prerequisite to the apprwal of the application for the conditional use permit, the City Coimcil shall find that evidence presented established: 1. 2l�at safe and adequate access to the facility for general, service, and �nergency purposes will be prwided fran norrresidential �jor thoroughfares, and will not require the use of any residential collector or residential local streets; 2. That the operation of the facility will not produce fumes, odors, noise, dust, snoke or gases which will adversely affect nearb� properties; 3. That the types of soil imder and within one quarter mile of all portions of the proposed site to be used for storage, treatrnent, loading and handling of hazardous materials, as well as imder all paved surface or ioads leading to the facilities, shall not have a natural percolation rate in excess of 0.75 gallons per day per square foot; 4. �at all surface water, ground water, sanitary sewer systems, and storm water syst�ns will be protected so as to minimi2e to the greatest extent the protxbility of contamination by hazardous waste; and 5. Rt�at the use of the proposed site for hazardous waste treatment will not endanger the public healt2i or safety, or substantially reduce the value of adjoining or nearb� property. PASSID ATID AWPTID BY RS�3E QTY OF FRIDLEY �IIS DAY OF . 1983. .��� SIDNEY C. II�II�iAN - CITY CLII2R First Reading: Second Reading: Publish: WILLIAM J. NEE - MAYOR � CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 19, 1983 CALL TO ORDER: Vice-Chairperson Oquist called the October 19, 1983, Planning Commission meeting to order at 7:45 p.m. ROLL CALL: Members Present Members Absent Others Present ��r. Oquist, Ms. Gabel, Mr. Nielson (for Mr. Svanda), Mr. Kondrick, Mr. Saba Ms. Schnabel, Mr. Goodspeed Jerrold Boardman, City Planner APPROUAL OF OCTOBER 5 1983 PLANNING'COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve the October 5, 1983, P a7 nning Commission minutes as written. Upon a voice vote, all voting aye, Vice-Chairperson �quist declared the motion carried unanimously. l. Mr. Oquist stated the Planning Commission had sent this down to the Community Development Commission for their input. He stated the Community Development Commission did review the ordinance and accepted it as written, contingent upon input from the C�amber of Commerce. He stated the Corronission members had received a copy of a letter from Kerry Van fleet, Executive Director of the'Chamber of Commerce, dated Oct. 7, 1983, stating that the Chamber of Commerce also approved the ordinance. Mr. Saba stated the ordinance obviousiy includes farmers that may come into the City in the summer or fall to sell their produce. He noticed that Ms. Van Fleet had stated that the merchants in Fridley apparently did not object to that. Mr. Boardman stated farmers can come in and sel] their produce. State law prohibits a citv from restricting, by iicense, farmers from coming in and selling produce. Ms. Gabel asked if she was correct in her understanding that with the new ordinance, if someone complained about a peddler or solicitor, if the peddler or solicitor did not have a permit, the police could tay the offender in addition to teliing them to leave. PLANNING COMMISSION MEETING, OCTOBER 19, 1983 PAGE 2 Mr. Boardman stated that was correct. Anyone who sells in the City of Fridley could get tagged if he/she does not have a permit. However, people cannot sell out in the open on a corner without a special use permit. That is a zoning regulation that has nothing to do with the peddlers license. There is to be no outside sale of inerchandise without a special use permit. The City cannot prevent a person from applying for a license, but if that person goes out and sells on a corner, he/she also needs a special use permit, Ms. Gabel asked how Staff saw the enforcement of this new ordinance. Mr. Boardman stated he thought enforcement wou7d be handled two ways: (1) The most probable enforcement would be on a complaint basis. (2) If the police are patrolling and see someone selling on a corner they can stop and ask the person to see their license. If the per•son does not have a license, the poiice have the tool whereby they can issue a tag. If the person is on the corner with merchandise that is out in the open, that is another issue and is a violation of the zoning code. He stated most of the selling is done on the weekend, and the problem they run into is that by the time they get a complaint, the violater is not operating in the City. Another problem is that if the person has a license and is selling on a corner, but doesn't have a special use permit, the police can tag that person, but he is not sure if the police could actually stop that person from selling his/ her product. Mr. Oquist stated the only canment the Community Devekopment Commission had was that the ordinance was quite lengthy and quite wordy; otherwise, they thought it sounded good. At least, it gives the police a tool for enforecment that they do not have now. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council the a—fcoption of a new Chapter 14 entitled "Peddlers, Solicitors, and Transient Merchants" and repeal Old Chapter 14 entitled "Peddlers" of the Fridley City Code in its entirety. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 2. REVIEW Of AN ORDINANCE ADOPTIIdG A Mr, Boardman stated that on Monday night, the City Council had decided to pass this ordinance to the Planning Commission for its revlew. He stated the Planning Gommission may want to pass this ordinance on to the Environmental Quality Commission for its input. PLANNING COMP4ISSION MEETING, OCTOBER 19 1983 PAGE 3 3. MOTION by Mr. Kondrick, seconded by Ms. Gabel, to pass the new Chapter 218 entit'fed "Hazardous Waste Control" on to the Environmental Quality Commission for i,ts revi.ew. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. AN -0RDINAN6E ADOPTiMG'A NEW CHARTER 121 ENTdTLE� " Mr. Oquist stated he tfiought this ordinance was really geared toward the use of intoxicating liquor outside private property where people could gather such as parking lots, etc., because there is already an ordinance prohibiting alcohol in pub}ic parks. _ Mr. Saba stated he thought it was an ordinance that �as very important and very necessary. MOTION by Mr. Saba, seconded by Mr, Kondrick, to recommend to City Council t e a option of new Chapter 121 entitled "Intoxicating Liquor - Consumption, Use or Display" of the Fridley City Code, Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 4. RECEIUE SEPTEMBER 26, 1983, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Gabel, to receive the Sept. 26, 1983, Parks & Recreation Commission minutes. Mr. Kondrick stated the grand opening for both the community park and the plaza was very successful. It was exciting to see so many people turn out for the celebration. Mr. Saba stated he would like to see this carried on--some iype of anniver- sary celebration every year. He thought it was really great to have so many people coming together. The theme, "Fridley, Coming Together", was really an appropriate theme. Mr. Kondrick stated maybe one thing the Parks & Recreation Commission could do is form a project committee that would look into and work on ongoing programming for the plaza. Mr. Boardman suggested that maybe companies in Fridley would be interested in sponsoring different weeks in the plaza and supply programming, exhibits, entertainment, etc. The Commission members agreed that these were excellent ideas for the use of the new community plaza. PLANNING COMMISSION MEETING OCTOBER 19 1983 PAGE 4 Mr. Saba stated the Chamber of Commerce might also be interested in setting up specia7 events. He stated they have so much opportunity with the plaza. It is a good focal point for the city and a good way to show the people that city government cares. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 5. RECEIVE OCTOBER 6 1983 HUMAN RESOURCES COMMISSION �I��UTES: MOTION by Mr. Saba, seconded by Ms. Gabel, to receive the Oct. 6, 1983, Human Resources Commission minutes. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 6. RECEIVE OCTOBER 11 1983 APPEALS COMMISSION MINUTES: MOTION by Ms. Gabel, seconded by Mr. Sa6a, to receive the Oct. 11, 1983, p}i peaTs Commission minutes. Upon a voice vote, ali voting aye, Vice-Chairperson Oquist deciared the motion carried unanimously. 7. RECE N E OCTOBER 11 1983, COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Nielson, to receive the Oet. 11, 1983, Comnunity Develapment Commission minutes. Mr. Oquist stated the Community Development Comnission had their final dis- cussion on the "truth-in-housing" program. Dr. Vos had told about the problem his church had with "truth-in-housing" in Minneapolis, and his church board is now involved in litigation. He stated it was the concensus of the Comnission that for what a person got out of "truth-in-housing" it pro6ably wasn't worth it. Ms. Gabel stated she had also had a bad experience with "truth-in-housing" in Minneapolis. Mr, Boardman stated that maybe information checkTi�t forms should be made available for people who are buying a home, especially first-time home buyers. It would be an awareness kind of thing and it could be sanething the Community Development Commission might want to recommend to the Anoka County Board of Realtors. Mr, Oquist agreed that was a good idea. It could be similar to the "truth-in- housing" checklist but in a modified form for home buyers. He stated it appears that realtors are becoming more aware of these kinds of things; for PLANNING COhMI5SI0N MEETING, OCTOBER 19, 1983 PAGE 5 example, Edina Realty does have a checklist that the seller has to fill out. He stated he would take this input back to the Community Development Commission for discussion at their next meeting. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. ADJOURNMENT: MOTION by Mr. Saba, seconded by Mr. Kondrick, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the Oct. 19, 1983, Planning Commission meeting adjourned at 8:55 p.m. Respectfully submitted, y n Saba Recording Secretary PLANNING CONPIISSION MEETING OCTOBER 19 1983 PAGE 2 Mr. Boardman stated that was correct. Anyone who sells in the City of Fridley could get tagged if he/she does not have a permit. However, people cannot sell out in the open on a corner without a special use permit. That is a zoning regulation that has nothing to do with the peddlers license. There is to be no outside sale of inercfiandise without a special use permit. The City cannot prevent a person from applying for a license, but if that person goes out and sells on a corner, he/she also needs a special use permit. Ms. Gabel asked how Staff saw the enforcement of this new ordinance. Mr. Boardman stated he thought enforcement would be handled two ways: (1) The most probable enforcement would be on a complaint basis. (2) If the police are patrolling and see someone selling on a corner they can stop and ask the person to see their license. If the person does not have a license, the police have the tool whereby they can issue a tag. If the person is on the corner with merchandise that is out in the open, that is another issue and is a violation of the zoning code. He stated most of the selling is done on the weekend, and the problem they run into is that by the time they get a complaint, the violater is not operating in the City. Another problem is that if the person has a license and is selling on a corner, but doesn't have a special use permit, the police can tag that person, but he is not sure if the police could actually stop that person from selling his/ her product. Mr. Oquist stated the only comment the Community Deve]opment Commission had was that the ordinance was quite lengthy and quite wordy; otherwise, they thought it sounded good. At least, it gives the police a tool for enforecment that they do not have now. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council the a�coption of a new Chapter 14 entitled "Peddlers, Solicitors, and Transient Merchants" and repeal Old Chapter 14 entitled "Peddlers" of the Fridley City Code in its entirety. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 2. REVIEW OF AN ORDINANCE ADOPTING A NEW CHAPTER 218 ENTITLED "HAZARDOUS Mr, Boardman stated that on Monday night, the City Council had decided to pass this ordinance to the Planning Comnitsion for its review. He stated the Planning Comnission may want to pass this ordinance on to the Environmental Quality Commission for its input. PLANNING COMt1ISSI0N MEETING, OCTOBER 19 1983 PAGE 3 3. MOTION by Mr, Kondrick, seconded by Ms. Gabel, to pass the new Chapter 218 en �t ed "Hazardous Waste Control" on to the Environmental Quality Commission for its review. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. ING A NEW CHAPTER 121 ENTITLED " Mr, Oquist stated he thought this ordinance was really geared toward the use of intoxicating liquor outside private property where people could gather such as parking lots, etc., because there is already an ordinance prohibiting alcohol in public parks. nr, Jaba stated he thought it was an ordinance that was very important and very necessary. MOTION by Mr, Saba, seconded by Mr. Kondrick, to recommend to City Council tTie�3a option of new Chapter 121 entitled "Intoxicating Liquor - Consumption, Use or Display" of the fridley City Code. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanirtrously. 4, RECEIVE SEPTEMBER 26 1983, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Ms. Gabel, to receive the Sept. 26, 1983, Parks 8 Recreation Canmission minutes. Mr, Kondrick stated the grand opening for both the cortmunity park and the plaza was very successful. It was exciting to see so many people turn out for the celebration. Mr. Saba stated he would like to see this carried on--some type of anniver- sary ce7ebration every year. He thought it was really great to have so many people coming together. The theme, "Fridley, Coming Together", was really an appropriate theme. Mr. Kondrick stated maybe one thing the Parks & Recreation Cortmission could do is form a project committee that would look into and work on ongoing programning for the plaza. Mr. Boardman suggested that maybe companies in Fridley wo�ld be interested in sponsoring different weeks in the plaza and supply programming, exhibits, entertainment, etc. Tfie Comnission members agreed that these were excellent ideas for the use of the new cortmunity plaza. � PLANNING COhMIS5I0N MEETING OCTOBER 19 1983 PAGE 5 example, Edina Realty does have a checklist that the seller has to fill out. He stated he would take this input back to the Community Development Commission for discussion at their next meeting. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. ADJOURNMENT: MOTIDN by Mr. Saba, seconded 6y Mr. Kondrick, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the Oct, 19, 1983, Planning Comnission meeting adjourned at 8:55 p.m. Respectfully submitted, �� y n Saba Recording Secretary