PL 08/10/1983 - 30599CITY OF FRIDLEY
PLANNING CO1�Il�IISSION MEETING, AUAJST L0, 1983
CALL TO ORDER•
Chairperson Virginia Schnabel called the August 10, 1983, Planning Co�mnission
Meeting to order at 7:45 p. m.
ROLL CALL•
P�embers Present: Ms. Schnabel, Mr. Oquist, Mr, Kondrick, Ms. Gabel
Members Absent: Mr. Goodspeed, Mr. Saba, Mr. Svanda
Others Present; Jerrold Board man, City Planner
Bill Deblon, Associate Planner
Kay Kunkel, Legal Intern
ApPROVAL OF JULY 27. 1983. P�NNING COrAiISSION MINUTES:
N�TION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO APPROVE THE JULY 27, 1983,
PLANNING CONlMISSION MINUTES AS WRITTEN.
,.., UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION
CARRIED UNANII�USLY.
1. VA_CATION REQUEST. SAV ��83-03, BY TIMCO CONSTRUCTION: Vacate a utility
easement on all that part of 76th Avenue N. E., located in Osborne
Manor Second Addition lying East of the East line of Sth Street N. E.,
(76th Avenue N. E. vacated by Ordinance ��588), to allow the expansion
of the clinic at 500 Osborne Road N. E.
1�. Boardman stated in order to construct an addition to this building, it
will be necessary to expand across an existing right-of-way and utility ease-
ment. He stated the right-of-way is not being used for sticet purposes so
staff has no problem with this request. However, it will be necessary to relocate
existing utilities and rededicate easement.
Mr. Boardman stated the agenda contains a drawing showing where they intend
to relocate the utility lines and rededicate a utility easement. He stated
the request is for the total vacation of the �ublic right-of-way, but to retain
an easement for utilities.
1�. Schnabel asked if the utility companies had been contacted. Mr, Boardman
stated the developer has talked to the utility companies and rerouting will
be done at the developer's expense.
1�TION BY l�t. KONDRICK, SECOI�IDED BY M5. GABEL, TO RECOMMEND APPROVAL OF
VACATION REQUEST, SAV ��83-03, BY TI1�0 CONSTRUCTION TO VACATE A UTILITY
EASEMENT TO ALLOW EXPANSION OF A CLINIC AT 500 OSBORNE ROAD N. E. AND,
� ALONG WITH THIS REQUEST, TO MAKE CERTAIN ALL UTILITY COMPANIES INVOLVED
HAVE BEEN NOTIFIED. FURTHER, THE PUBLIC RIGHT-OF-WAY WILL BE VACATID'AI�TD
A NEW EASEMENT PROVIDED FOR DRAINAGE AND UTILITIES.
UPON A VOICE VOTE, ALL VOTING AYE, CAAIRPERSON SCHNABEL DECLARID THE MOTION
CARRIED UNANII�USLY.
PLANNING COINMIISSION MEETING, AUGUST 10. 1983 PAG.F. 2
2. CONSIDERATION OF RIGHT-OF-WAY TURNBACK TO AFFECTED PROPERTY OWNERS:
Mr. Boardman stated a number of partial parcels have been released by
the stat� and quit clained to the City.
Mr. Boardman stated this matter doesn't really require action by the
Planning Commission, but staff wanted it brought to their attention in
order to obtain their input regarding release of these excess properties.
Mr. �ardman stated it is the intent of the City to deed back to the pro-
perty owners those properties which the City doesn't need. He stated
the Commission must determine if this is the direction in which to vroceed
and if it is consistent with the Comprehensive Plan.
Mr. Kondrick asked if there is enough land for any future expansion of
I-694 so it woutdi�'t be necessary to again acquire land for right-of-way.
Mr. Boardman stated the freeway will eventually be expanded between Inter-
state 35 and the Mississippi River bridge, however, there is sufficient
land for this expansion.
Mr. Boardman stated it h8s been the City's policy to vacate property they
don't need and deed it back to the property owner.
Ms. Gabel asked if these excess properties would be sold or turned back to
the property owners. Mr. Boardman stated he was not sure how it would be
handled, but probably would be deeded back to the owners.
Ms. Schnabel stated iri Mr. Newman's memo to I�. Moravetz regarding these
propertizs, he suggests the purchase agreement should require the buyer to
provide a survey of the property prior to closing. Ms. Schnabel questioned
why the buyer would have to furnish this information.
Ms. Schnabel steted she personally objects to this requirement as she didn't
feel it was the prop�r role of the buyer to obtain a survey of the property.
Ms. Schnabel stated Mr. Newman's memo also pointed out that establishing a
policy at this time would only handicap the City in attempting to get the
maximum price. She stated she has interpreted this to mean they shouldn't
set a price.
Mr. Boardman stated Mr. Newman is s8ying the City should nut the pronerties
up for sale to see what price they can get and whether the Council wishes
to proceed in this direction, he didn't know at this time.
Mr. Boardman stated, in some cases, it might be worthwhile to sell the nro-
perty; however, in other cases, the pronerty probably wouldn't sell.
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PLANNING CONIl�7ISSION MEETING, AUGUST 10, 1983 PAGE 3
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Ms. Gab�l stated the Co�niasion recently had a request for variances where
this type of right-of-way was involved and, if the property had been
turned back to the property owner, the variances wouldn't have been neces-
sary.
Mr. Oquist asked how this whole matter relates to the Comprehensive Plan.
Mr. Boardman stated there is no specific statement in the Comprehensive
Plan regarding this type of property, but statements to the effect of
making the maximum use of land, whenever possible, and turning back excess
property probably falls within this content.
MOTION BY MR. OQUIST, SECONDED BY M[t. KONDRICK, TO CONCUR WITH THE PHILOSOPHY
OF TURNING BACK ERCESS PROPERTY AS IT IS CONSISTENT WITH THE INTENT OF THE
COMPREHENS NE PLAN; HOWEVER, THE CO1Nr1ISSI0N DOES TAKE EXCEPTION TO ITEM 3
IN MR. NEWMAN'S MEMO WHICH WOULD SDGGES�. THE BUYER TO PROVIDE A SURVEY OF
THE PROPERTY.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
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' Mr, Deblon stated this proposed ordinance deals with all animals in the City
and would replace Chapters 301, 302 and 303 which now cover "Livestock
Control", "Animal Control", and "Wild Animals and Birds".
Mr. Oquist felt there was no reason to allow livestoc�c in the City as there
is no logical place to keep them.
Mr. Deblon stated all existing livestoc�C in the City could come under a
grandfather clause. He stated, in some cases, persons keep goats because
the goat's milk is needed.
Mr. Oquist also questioned if rabbits should be put in the category of
livestock.
Ms. Gabel stated she would agree they shouldn't License livestock such as
caws or horses in the City.
Ms. Schnabel asked if the Humane Society has certain size requirements for
keeping livestock, and felt this should be checked. She stated there may not
be any parcels of land in the City large enough to accommodate cows and
horses.
Mr. Kondrick felt co�non sense should dictate that certain enimals shouldn't
be allowed in the City.
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PLANNING CO1�AiISSION MEETING. AUQJST L0, _1983 PAGE 4
Mr. Boardman stated certain setbacks have to be met in order to keep
livestock, therefore, the size of the lot would control what a person
can or cannot do with regard to livestock. He stated the question is
if they want to eliminate livestock from the ordinance and then make a
determination on how to classify rabbits and goats.
Mr. Oquist stated, by definition, a rabbit is really a rodent, and not
livestock.
Ms. Kay Kunkel, the Legal Intern, then reviewed the proposed ordinance
witH the Planning Coffinission members, and the following changes were noted:
Section 101.01, Definitions - A definition of "Birds" and 'hJomCStic Pets"
was added. The definition of "Domestic Pets" is as follows: "Any of various
animals kept for pleasure rather than utility.'.'
Under Item 6, "Cruelty or Torture," the word "both" was changed to "dzath".
Mr. Oquist stated the kennel definition refers to cats and dogs and ques-
tioned whether rabbits should be included or if it should be limited to
cats and dogs.
Ms. Kunkel stated if there is a livestoc'c category and rabbits are left in
this category, the kennel definition should probably say three or more
animals.
Mr. Oquist stated kennels are allowed in an industrial zone and questioned
if there should be a cross-reference in Chapter 205 regarding the kennel
license. 1�. Oquist also stated he felt the definition of 'cennels should
be the same in both ordinances in order to be consistent.
Ms. Kunkel stated, under Section 101.01, a definition of "Rodents'� and "Wild
Animals" was included.
Ms. Schnabel asked about reptiles, hampsters and gerbils and if these animals
would come under the definition of "Domestic Pets'�. Ms. Kunkel felt they
would be classified as a domestic pet.
Section LO1 03 Livestock Contr�l_ - Mr. Deblon stated additional verbage
was added in order to clarify the license procedure.
Section 101.04, Dog Sontrbl�-'�his should be put under the Animal.•Nuisance
section as �tem 9. .Under Item-6, �he words "dog or cat" were changed to
"animal".
Section 101.06. Dot� Rep,istr_ ation - This section should be moved so it follows
Section 101.03, Livestock Control.
Ms. Kunkel stated, under Section 101.06 (2), the wording may have to be changed
to allow people to register their dog if they are getting a vaccination within
six months,
Ms, Gabel suggested staff work on this section because, in her case, she is
unable to obtain a license for her dog because it is suppose to be vaccinated
every two years. She stated the ordinance provides a dog has to be vaccin-
ated in order to obtain a license which is issued on a yearly basis.
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PLANNING CONIlKISSION MEETING, AUGUST 10, 1983 PAGE 5
IInder Section 101.06, 2(B) - This should read as follows: "It shall be
unlawful to counterfeit a dog tag or remove a tag for any purpose."
Se�tinn 101.08, Exemptio�ns._ - Change the reference to Section 101.06 to
Section 101.04.
Section 101.10, Impounding - Item 2(B) - Begin this section with the words,
�e owner of the impounded animal shall pay", etc.
Item 2(C) - Line 3- Add the words, "insure the vaccination of" after the
word "shall".
Item 2(D) - Begin this section with the words, "The owner of the imnounded
animal shall also pay the" and change the word "confined" in the second line
to "impounded".
Section 101.11. Animal Bites, Quarantine - Item 1, �►ine 1- Add the words,
"bitten or" after "person" and change the word "bit" to "who has been bitten",
Item 2, Line 4- This should be renumbered to become Item 3 which shall begin
as follows: "The quarantine required by Section 2 above shall", etc.
Item 3- Renumber as Item 4.
,.� S�ction 101.12. Vicious Animals - Line 3- Substitute the word "may" for "shall";
� after the word "two", add "or mnre biting occurrences" instead of the word "bites";
eliminate the words, "except those occurring in defense of the owner or the
owner's property"; change the word "human" to "humane" in the last sentence.
Section 101.14, Mizzling - Line 2- Add the words, "and welfare" after the
word "safety',
Section LO1.15 Kennels - Item 2(D) - Change the words, "dog runs" to "run
areas' and after the word, "dogs", add "and/or cats".
Under Item 2(E) - In the first line, after the word "dogs" add "and/or cats".
Under Item 6 of Section LO1.15, add the word "after" after the word "days" on
the sixth line, and on the seventh line, add the words "have the opportunity to"
after the word "shall".
Section 101.18 Seein� Eye Dogs - Add the word, "transit" before the word "veh-
icle on the second line; ad t e word "owner" after the word "rhe" on the �ourth
line; and add the words "or other employee" after the word "operator" on the
fourth line.
Mr. Rondrick stated he would recommend including a section on clean-up of
animal excrement under the Animal Nuisance section of this ordinance. He
also questioned if they should recoQanend fines.
1 Mr. Boardman stated staff would chec{. into this further to see how it is
� handled in Minneapolis.
PLANNING COMMISSION MEETING. AUGUST 10. 1983 PAGE 6
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MOTION BY MR. 0@TJI9T, SECONDED BY MR. KONDRICK TO CONTINUE THIS ITEM TO
THE NEXT MEETING FOR SUBMISSION OF A FINAL DRAFT.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECLARID THE 1�TION
CARRIED UNANII�USLY.
4. RECEIVE HOUSING & RIDEVELOPMENT AUTHORITY MINUTES: JULY 14. 1983:
1�TION BY MR. OQUIST, SECONDED BY MR. KONDRICK TO RECEIVE THE MINUTES OF THE
HOUSING & RIDEVELOPMENT AUTHORITY MEETING OF JULY 14, 1983.
UPON A VOICE VOTE, ALL VO�ING AYE, CHAIRPERSON SCHNABEL DECLARED THE MOTION
CARRIED UNANII�USLY.
5. RECEIVE HOUSIN G& REDEVELOPMENT AUTHORITY MINUTES: SPEC7AL MEETING OF
JULY 21, 1983•
NADTION BY MR. DQUIST,.SECONDED BY MR. KONDRICK TO RECEIVE THE MINUTES OF THE
SPEC7'AL MEETING OF THE HOUSING & REDEVELOPMENT AUTHORITY OF JULY 21, 1983.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECIARED THE A'IDTION
CARRIID UNANII�USLY.
6. RECEIVE ENVIRONMENTAL QUALITY CONATISSION MINUTES: JULY 19, 1983:
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MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST TO RECEIVE THE MINUTES OF THE .
ENVIRONMENTAL QUALITY COrA?ISSION MEETING OF JULY 19, 1983.
UPON A VOICE VOTE, ALL VO►PING AYE, CHAIRPERSON SCHNABEL DECIARED THE MOTION
CARRIED UNANIN�USLY.
Mr. Deblon stated, in regard to the Environmental Quality Commission's motion
regarding the payment to SORT, the concept was approved, but a bill was never
submitted.
Mr. B�ardman stated no further action on this motion would be necessary by
the Planning Cocmnission since they have already concurred with the minutes.
ADJOURN'MENT •
MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST TO ADJOURN THE MEETING. UPON A
VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SCHNABEL DECI�IRED THE AUGfTST L0, 1983
PLANNING CONIMISSION MEETIlVG ADJOURNED AT 9:47 P. M,
Respectfully submitted,
Carole Haddad
Recording Secretary