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PL 02/10/1988 - 30678�1 TT � �i �� _ ._'U� , ��v�iir _. � rii� 2 !� ��i �T'_;�� z_ • • ;�� a�i Chairperson Betzold called the February 10, 1988, Planning Commission meeting to order at 7:32 p. m _��_ x__ Members Preserit: Donald Betzold, D�vicl Rondrick, Dean Saba, Alex Barna, Maynarol Nielsen (for Mr. S�anda), Sue Sherek (arr. 8: 00 p. m) Members Abserit: None Others Presem: Jim Robinson, Planna.ng Coorc7inator Jock Robertson, C�oirun�ity Develogne.nt Director Steve Billings, City Co�cil Greg & Nancy Asproth, 1274i3 Monroe St. 1�L E. 5arah Harder, 2822 Leylan� Trai1� Woodbury Taa & Marge Briclaier 6230 Highway 65 Rick Briclazer, 1233 - lZth Ave. rL W. , New Brighton Wil.liamn & Ann Costello, 1623 Gardena Ave. 1�L E. J2anes Tiller, representing Mr._ & Mrs. Costello Ro�er Ettel, 1641 Gardena Ave. DL E. � (�iarles Campbell, representing Mr. Ettel (See attached list) .� • . �t��L;� ! l= �t I;_� /�!LI � z�!�,N �; «�'vis+� _,_'! • � u� �L�4_�_ MS�i.QAI by Mr. Rondrick, eeo�ndecl by Mr. Barna, to approve the January 27, 1988, Planning Couuni.ssion minutes as written. UPON A VOICE VOI'E, ALL VOrIlQG Ai�E, C�RS� BETZCGD DECLARID THE MOTIOAT (�RRIED UI�A1.tTIl�TSLY. 1. Pii3LTC H�ARTj�• (�j�jDEg�TTnN nF A GDFG�AT� j]�AFRMTT, SP #88—�2. BY GREG e�.' Per Section 205.17.O1.C.4 of the Fridl�y City Co�e to allow a billiard and an arcade; per Sec�ion 205.17.01. C. 3 of the Fridl ey City Coole to allow a snack b�ar, all on Lot 4, 5, anol 6, Block 1, Paoo Inclustrial Park, the same being 7178 University Avenue N. E. � by Mr. Kondrick, sewndecl by Mr. Nielsen, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOIC� VOl'E, ALL V�TNG AYE, Q3AIItPERSCIIT BETZ(%,D DECLARID THE MOTION CARRIED UIJANIl+�IJSGY, A11ID THE PUBLIC � OPENID AT 7: 35 P. M. Mr. Robinson stated this special use permit was to allaw a billiard hall and arcade with a snack bar in the Rice Creek Business Center. This proposal � was made p�ssible by a recent ordir�ance change approvec7 by the City Council -1- : �i��. «��sri4� . • � vi��►�4i� ��'.lu� ;� � � in Decenber 1987, �b]. i.shecl in January, and wY�i.ch took ef f ect a coupl e of weeks ac,�o. Tl1e ordinance change mac� it allowable to have commercial uses including restaurarits ancl recreational-type uses in inolustrial zones. This is the first requ+est to be pr�ssed im�r the revi.sed ordinance. Mr. Robinson stated the Rioe Creek Business Ceriter was located just east of Cwmnerce Circle F�ast anol south of 73rd Aven�e. The property was zoned li�t industrial located just south of the U. S. 9wim & Fitr�ess facility which is a oounaercial zorie ar� was surrotmded on the west by other light in�ustrial- type buildings. Tlze Rioe Creek Business Center was a multi-tJenant building consisting of a large number of different office, commercial, and quasi-commercial uses. Mr. Robinson stated the billiarol hall and arcaole would be located in the extr�ne r�rtheast a�rner of the building. The two suites oombi.ned was 5,186 sq. ft. of floor area. The petitioners have suk�nittecl a site plan for the developnent which included the p�teritial for 16 pool taba.es. Also included was an arcade area. Their request was for five video games. In addition, there was a snall �ack bar area adjaoent to the seating area where they are proposing to have eight tables, four chairs each, for a total of 32 seats. Mr. Robinson �ated staff has hacl a n�nnber of concerns relating to this req�st, an� some of these wnc�rns have been resolv�. Mr. Robinson stated that because it was a multi-tenant builoling with a ,-� wmbination of office and oo�nercial uses, the parking situation changes on a regular basis with tenant changes. The building does have a great deal of oommnercial t�nancy. The billiard hall by itself woulcl require 35 stalls with the majority loeing oonsidered as aomm�ercial space. That would bring the total parki.ng requireaent to 125 stalla '�.'lzere are 166 stalls preseritly at the facility so this woul� leave a b�al,anoe of 41 stalls. Mr. Robinson stated the building was tmcler a lease/share agreement with U. S. 9wim & Fitness for parking on the mosst northerly row of �arking after 5: 00 p. m anol on weekenc�. Mr. Robinson stated he has worked out a plan with the builaing Leasing A�nt, Ms. Sarah Harder, wYio was at the meeting. With the bill iard hall additi�, there would be 34 additional commercial spaces ancl one office spac� for a total of 35 spac�es, bringing the total requirement for leased spave to 125 sga,oes. The progra�nning for the r�aaining vacant space would be for office and warehouse and no aommnercial for the rest of the building which would bring the parking to a total of 166 spaces. There was a stipulation that addressed the parking situation. Mr. Robinson stated the second major concern was raisecl by the Pol ice Department dealing with the possibility of misconduct by juveniles and adults. Basecl on past experienoe in the city ancl other cities, there was the c:oncern that the plaoe would be used for loitering of jweniles which aould lead to driraking in the �xirking lot. This has been e3cperienced by past billiard halls in the City of Fridley. Aowever, there were also good !'� examnples aroumc] the area aF billiar�l halls that are well managecl and where -2- ��:�5�� t�.U�17� . � � v�� . ��_1/, ;�'. 1 � there are none of these problens. An example was CR Billiards in Coon Rapids. Mr. Robinson stated staff was reoom¢aending the follawing stipulations which had been put together by both the Coffiataiity Developnerit Department anc7 the Pr�l ice Depart,�nent : l. Arcade will be lamitec7 to three games. (Mr. Robinson stated the reason for this stipulation was that an adda.tional arcade feature would be an attractive nuisance in terms of catering more to the juveni.le cro�vd which, they believe, wuld ca.use some problens. ) 2. Limit seating to 20 seats in lotmge area. (Mr. Robinson stated this also would help prevent the possibil ity of loitering. ) 3. Busirtieess to close at 1: 00 a m. except � Thursday, F'riday, and Saturc7ay when 2: 00 a. m woould be a].lowed. 4. Security lights for entire parking lat (ap�roved by staff) to be installed prior to opening. 5. �iness will sicg� and enforoe curfew for min�rs. n b. &isir�ess will prowide tv�o aalults on staff during evening hours f ran 6: 00 p. m. to closing. 7. BUSiriess operators to �xitrol garking lat anc7 manage its misuse. 8. Tournainent and/or league play wil.l not be progra�uned c�luring regular weekday busir�ss hours. 9. No alc�ohol ic beverages will be seLVed or allawed on pr�aises. 10. Developnent a�vr�er will acx:ept limitations on occugancy of rc�aai.ning vacant space should garking shortages result. ll. S�ecial use permit to be reviewecl by Coimcil on J�e 20, 1988, or sooner if City determir�es there is a managemerrt problsn which requires f�arther restricticros or renaval. Mr. Betzolc� stated that right now U. S. Swim & Fitness does use that r�orthern row of parking area. Woulcl the parking situation be even tighter r�w with this billiaral hall operation? Ntr. Robinson statecl that was one of staff's ooncerns also. However U. S. Swim & Fitness is only allowed to use that parking after hours and on weekenc7s. The petitioner anticipates that the lion's share of the business for the billiard hall will be in th evening hours, so it woulc7 not seem to werlap with the other buitding's busirless neec7s for parking spaces. Most ^ of the busir�esses close by 6: 00 p. m. -3- ; �!�� ; «!viU� �� • � v»�!� �' ��;Ul; ;�' � � Mr. Barna statecl he qt�stioned stipulation �6: °Busir�ess will provide two ao�i].ts on �aff during evening hours fran 6:00 p.m to closing. ° What about a�ult supervision during the day? Mr. Robirnson stated the mairi ooncern was that during the aEter-school hours and evenings, there would be adequate supervision if proba.ens shoutd arise. Mr. Barna citecl the example of the oorner grovery store that has an arcacle located in it and that hires teenagers who are out of school to work. Sanetimes things can get out of hanal without an adult preserit. He statecl he felt there should be one adult in the billiarcl hall at all times, e.gpecially during tlae s�amnertime, on vacation days, holidays, etc. Mr. Saba askec7 why the hours ha�d been exten�eol to 2: 00 a. m. on weekends, instead of 1:00 as previous].y reoommended by staff. Mt. Rnbinson stateol the petitioner feets that in order to make the business financially feasible, he neecls the extra hour of operation. He will be catering not oril.y to people wY�o tLSe U. S. 9wim & Fitness, but also to sewnd shift workers who might war�� to play p�ol after work. Mr. Robinson �atec7 there is a billiarcl hall in Coon Rapids located in the shopping ceriter across Highway 47 fro�a Northtawn callecl C. R Billiards. He stated a permit was recently granted by the Coon Rapids City Council to allav then to operate imtil 2: 00 a m Because the busirbess has been hanolled � in such a c�d manner, the o�wrier has more reoently been granted permission to operate �mtil 4: 00 a ta Mr. Robinson stated staff feels that as along as there is the gower to revaew the special use permit, if there are any problems, the City has enou�i insurance to manage the sit�tion. Because this billiard hall is in a district apart f rom resiolential, staff feels the chances for causing problens to the neic,�bors were minimized; anal if there are any problems relating to any crivainal activity, the City will c;ertainly lmow about it and can take the appropriate action at that time. The petitioner was awaxe that if the business was not managed properly, he will lose his permit. Mr. Barna stated that if the billiard hall was located in a bowling alley or an area wYbere it was zoned properly, would there be any restrictions on hours? Nir. Robinson stated he di� not believe there were any restrictions on hours in the proper zoning. Mr. Greg Asproth stated stated a lat of the Planning Comai.ssion's questions and �oncerns seen to be regarding the hours of operation and any problems that wuld ca�e. He hac� checked with the Coon Ra.pi�ss Pol ice Department, the �'ridley Fire Departinerrt, anc7 the Spring Lake Park Police Departraer�t. He has fot�d �tYbat the Spring Lake Park Folice �partment has had no problems with a billiard ha11 called DOTS, and it is open tmtil 2: 00 a. m. C. R Billiards in Coon Rapic� has been grarited permission to be open tuitil 4:00 ^ a. m because of its good reoord. He stated that everyone he has tal ked to -4- _�.�I�M1�; «�,yi�r� ., �� vl�?f� !�, ��!a_l�i�� has said that manacsement is the most important thing. If they have good managemem anol r�m a clean operation, . they can avoi� those kinds of problsns and keep people out who might caUSe problens. He stated their goal is to rtn a clean operaton 79�ey want to sic� a long lease, so it was in their best interest to manage the busir�ss well. Mr. Betzolci askeci Mr. Asproth if he ha� any problsns with the stipulations as outlined by staff. Mr. Asprath referreol to stipulation �6 re�rding two adults on staff during the evening hours fran 6: 00 p. m, to closing. He stateci that during the beginning of the week, Monday�t'uesday-Wednesday, there is not nearly the nim�ber of people as there is on the weekends. Ac�rding to their plan, the arcao� area will be c1osQ to the desk so they can keep an eye on it. They also have a two-way mirror �o when they are in the offiae, they can also see what is going on in the arcade area. During the early pa.rt of the week, they clo riot rieeci two peogle on �aff at all times. However, they do want two adults on s�aff on the weekends. Mr. Asproth stated he would agree to always having one aault on staff. Ae felt orie adult was needed for every 25 peogle; but if there are more people than that, they would need another adul� At rwon ancl �uring the s�mmnertime wl�en there is not much busir�ess, there was not much sense in having too many peop].e on staff. � Mr. Asprath referred to �ipulation #1 regarding the arcaole being limited to three c�nes. He �ated he as learr�ed frcm other billiard hall operations that there is usually a wai.ting li.� for tab].�; and in order to get people to stay anal wait for a pool table, they need something f or them to do. He believe�l that by having video cSames, that would keep people arounc7 until taY�l� openecl up. Mr. Asproth stated that regarding parking, they have checkecl with ather billiard halls to find out how other businesses are cloing. At C. R Billiards, they observecl that on a Friday night at 9:00 p. m. , there were 25 cars, so he cliol not anticipate a big garking problem l�ca�se his business would be snaller than C. R Ba].liards. � bY Mr. Saba, seoondec7 by Mr. Barna, to close the public hearing. UPON A VOICE VD]'E, ALL VO.�IIVG AI�, �AIltPERS�l BEPZfS,D DECLARID THE PUBLIC HEAR]NG Q,OFID AT 8: 00 P. NL (Ms. Sherek arrived at 8: 00 p. m. ) Mr. Rondrick asked the reason for the limitation to three games in the arcao�e area. Mr. Robinson stated of the agenc]a ) , Mr. notch bill iarcl hall �"'� Robinson stated tha that in the letter written by the petitioner (page I-� & Mrs. Asproth expressed their desire to have a top where there would be tourna�ae.nts anc7 1 eague pl ay. Mr. t so�mded great, but staff was oonoerrbecl that the arcade � ��!��: _ «��viv� ,'� • � vi�� : �+�l-�;. r; ;� � n and the large seating area (also part of the proposal) would � an attractive place for juveniles to come and loiter, and there could be problens associated with that. The petitioner peroeiv�l the arcac� g�unes as being available for peogle wi� are waiting to play p�l. Staff would 1 ike to l�mit the arcac� to three ga�nes. Originally, staff had recommended no c�uaes at a].1. /''� �'1 Mr. Robinson stated that when the special use permit is reviewed, they can look at this again, along with the hours of aperation. Mr. Betzolcl stated that regarding the a�ncern of having two adults on staff in the evening hours during the early part of the week, if the Pol ice Department was ooncerr�ed about this, they aould express that opinion to the City Co�mcil. Mr. Batna stateol he wondered why they v�re thinking there were going to be a lat of juveniles in this billiard hall. It will draw people from U. S. S�vitn & Fitness, and in the st�mmer it will draw geople f rom the stumaer softball leagues at the Co�mmtmity Park. Most of these people are going to be adu].ts. fle did not think there was going to be that much trouble with juveniles as it was far fro� the residential areas and not as acc�ssible to juveniles. He stated maybe they are avercbing the trial period. Why don't they be more loose with the restrictions r�w rec�rding the n�nber of arcacle g�nes, staff�g, etc., and then when they rEView the special use permit on J�e 20, they can look at these things and see haw it is going. Mr. Robin.�n statecl staff was certainly hoping there would not he those prolalens; however, they do not feel the� should allow the permit to go without these restrictions. Atl these stipulations were gone aver carefully by both the Co�nuzity Develogaent DeparUaent and the P+�l ice Depart�nerit. Mr. Betzold stated he felt they have to be cautious in the beginning. They c�io r�t want to allaw so many thirac�s that they are hard to take back af ter the trial perial. Mr. Saba suggested they have more than one review date, such as one year f ro� now in ao�di.tion to the J�e 20 date. Things do change with seasons, and four momhs might r�t be enough ti.me to really see how the business is doing. Mr. Robinson statecl that, originally, they haa a six month rev iew, but the petitiorier wantecl time to aome back for more arcac3e games or more seating and perhaps aalditional hours. So, they clecided to go with an earlier revi�v date. �e Co�uai.ssion oould adcl another review date on June 20 when this special �e permit is reviewed for the f irst time. ,�I.Q�T by Mr. Rondrick, seooncled by Mr. Barna, to reQO�nend to City Council appraval of Special Use Permit, SP �88-02, by Greg Asproth, per Section 205.17.01. G 4 of the Fri�ley City Code to allow a bill iard anol an arcade ; per Section 205.17.O1.G 3 of the Fridley City Code to allaw a snack bar, all on Lot 4, 5, anol 6, Block 1, Paao Industrial Park, the same being 7178 University Aven�e I� E, with �khe follawing stipulations: �� ,� /'\ � ' _x_�� ; «��v�w� _. • � �i��_ �; �+�-��l.�l:�i' � 1. Arcade Will be 15miteal to three games. 2. Limit seating to 20 seats in loua�ge area. 3. �iriess to close at 1: 00 a m, except on Thursday, Friday, ancl Saturday when 2:00 will be allowed. 4. Security lights for entire garking lot (apprwec7 by staff) to be installed prior to opening. 5. Busir�ess will sign anol enforve curfew for muwrs. 6. �ir�ess will provia� one adult on staff at all 7. 8. 9. 10. 1.1. times when the kusiness is open. �ir�ess operators to patrol parking lot its misuse. Tournament anol/or league play will r�t be during regular weekday bu�irbess hours. No alwholic beverages will be served or on preai.ses. Developnent awner will acaept limitation of renairaing vacant space sYiould �rking resul� and manage progra�►ed allaved s on occupancy shortag+es S�ecial use permit to be revi�wed by CA�cil on J�e 20, 1988, or soor�r if City determir�es there is a management problen whicdz requires further restrictions or renwal. UPON A VOICE VOl'E, .ALL VOrIlQG AYE, QiAIRPERSCLIT BII'ZCLD DE(�ARID THE N�JJTION CARRIED UNANINDUS'LY. 2. P�� TC �ART�,• (7p�EgpmTnN OF A P inr►r1VARy PL�m� P S �87-Q7 . H�ATHER �AR$, BY B�RTQQ�ER BL�'!'L�ERS. INC. t GL'ABLED 1L18I8%) Being a replat of Lat 16, except the East 33 feet, Au�i.tor's Subdivision No. 92, and Outlat A, Aoorn Hills A�alition, and that �rt of Lot 14, Auditor's Subdivision No. 92, which lies East o�f the West 165 feet thereof, except the East 30 feet of said Lat 14, all g��erally located at 59� Stinson Boulevard N. E. � by Mr. Saba, seoonded by Ms. Sherek, to remove this item from the table. UPON A VOI(E VOl'E, ALL VOI'Il�T6 AYE, CARRTED UI�17M)USLY. ��;� BEPZ�D DECLARID THE MOTION 3. PiiRT.T AF.ARTN(',• ('p�IDERATIn1v OF A PREL?MTNARV i�T.AT P. S. �87-0%. HEATHER Oi'�K�- BY BRICRII�R BIIIT�FRS, ING_ : � Being a replat of Lot 16, except the East 33 feet, Auditor's Subdivision Na 92, an� Outlat 1�, AQOrn Hi11s Adaition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East of the West 165 feet thereof, and Lot 25, Auditor's Subd�vision Na 92, except the southerly 150 feet including a right- of-way, ancl all that �rt of Lot 24, Auditor's Su,t�division No. 92, except the south 150 feet of the east 80 feet of saiol Lot 24, including a right-of-way, all ger�erally located at 59� Stinson Boulevard N. E. -7- ��z��l�� iti� ,_� � � �i��!!� ��_ ��;��, ;� � � �Q� By Mr. Rondrick, sea�nded by Ms. Sherek, to waive the reac7ing of the �lic hearing notioe anal open the pub].ic hearing. UPON A VOICE VOPE, ALL VO.PING �, CHAIItPERSCI�i BEl'ZCLD DEQ,ARID TflE NIOTIOI�T C�RRIED U1�TIl�IJS'LY A11ID THE PUBLIC HEARIl�TG OPEN AT 8:10 P. M. Mr. Robinson stated that � Nov�ber 18, 1987, a public hearing was held to discuss this plat which at that time incluo�d 12 lots. At that time, the Plaraning Commission ancl staff saw there were ather properties not included in the plat which ooui� benef it f rom the cleveloFanent anc7 could use roa� ac�ess. The Planni.ng Commission directed staff and the petitioner to try to work out agreanents with the other awners of these vacant properties in the glatting. S�ince then, there have been ntmmerous discussions and meetings with the parties irivolved: Tom Briclmer, R,�er Ettel, �d William Qostello. Mr. Rflbinson s�atecl that at this poir�, l�e bel ic-veal they have the makin� of an agre�nerrt for at le�ast a 14 lot plat. Mr. Robinson review�7 the 12 lot plat ancl the 1� lot pla� Mr. Robinson stated that at the Novenber meeting, . staff did shaw that there was a possibility of incltu3ing road acvess to both the Costello anol Ettel properties which woulc] bring the total lots to 15 new lots; actually, 17 lats if the Ettel and Costello g�rtions with existing houses were inclu�ded. ^ Mr. Robinson stated that subsequent to the November 1987 meeting, Mr. Brickner and Mr. E°ttel were t�able to come to an agreement that was satisfactory to both parties. Mr. Brickner has submittecl a plat which i.nclude� 14 lats, including the Costello portion, a 3/4 cul-de-sac, with the poterYtial for a full cul-de- sac when the Ettel property is platted. Mr. Robinson stated that at this time, staff woulcl rewmQaend appraval of the 14 lot plat ancl not the 12 lot plat, because the 12 lot plat did not pro�ide for oomprehensive developnent of the property. If the 14 lot plat was ap�roved, staff feels it is �oessary for the city to build the street and put in the utilities so there is only o� wntractor involved. This would eliminate the oonfta.sion and oomplexities of builcZing utilities and roacl with tv�o o�ntractors. Mr. Robinson stated staff was reoommending the follawing stip�l.ations: L Develo�er agrees to city desic� and oonstruction of full cul-cle-sac and utilities to facilitate 16 lota Costs of whirh to be assessed against the properties (L16 of total street oost for each lot accessing street and L15 of total t�ilities oost for each r�ew lot serv ic:ed k�y ut il ities - apportiormierits incl ude Ettel p]. at ). 2. Developer to subnit a preliminaYy plat with climensions, lat area, calc�7.ations, anci easements prior to Cot�cil public hearing. 3. Developer to sutanit a storm drainage plan prior to Cotmcil ,''� pub]. ic hearing. �� ,�1 _� �� _�. «��v� _�_ � s V1�?15�M�� Clillz.�� 1 4. Plat to be desic�ned so as to provi.de for a full cul-de-sac with the aa�di.tion of the Ettel gla� 5. Storm sewer assessaents to be paicl upon glat apprava].. 6. Park f ees of $1,500 per lot to be paid with each building permit. Mr. Robinson statec� that �der this sc�nario, he would anticipate that 1�. Ettel would proceed to aesic� a prelimi.nary plat for his property and pr�ess it through the Planning CoQmnission ancl City Cotmcil, and then in the spring the City would construct the full cul-de-sac and utilities and olistribute the assessnerrts as outlir�d. Mr. Robinson stated Mr. Brickner was not in agreement with the City wnstructing the road ancl tatilities. Mr. Briclaier feels he can save costs by cbing it himaelf. Mr. Zbm Brickner stated he felt the original 12 lot plat was a good plat. The �ost of tUe c�evelapaent �as �onsiclerably less per lot. �e snall�t lot in that plat was 10,000 sq. ft. , and the largest lot was 11,900 sq. ft. They w�re very nice lots, not abutting olcler homes, . that woulol be more deesirable and more valuahle. Then, staff decidecl that would not be in the best interest of e�eryor�e oonaerned. By doing away with the bending of the beridi.ng of the �reet, their wsts have gone up wnsio�erably per lot. They have to forfeit some lanol to provicle access to the Costello and Ettel properties. He already had the bicZs in to do the work himself, anol now if the City does the road and utilities, it will cost him $30,000 more plus interest. Mr. Briclaier statecl he haci coritracts to purchase all the land except the Ettel land. So, he had control of 14 of the 16 lots at this time. It appearec7 that Mr. Ettel was going to ooritrol his pla� NIr. Briclaier statec3 they have the bulk of the property but are paying a terrible pri� for being the lea�er i.n this project. They are paying the prioe by having smaller, less valuable lots. They are paying the price by being for�ec7 irito letting the City cb the road and uti.l ities when he woulcl prefer to do it himself. He can do it considerably cheager, anci he had al ready arranged to cb that Mr. Briclazer stated the r�ew lats created are next to the Ettel home which was built in the early 1940's. They hope to build $140, 000 homes, but now the lots on the east side will be of less val ue. He stated he did try to work some kind of agreement with Mr. Ettel but was tmable to do so. He statecl he objected to all six stipulations. Mr. Brickner stateci he had a contraet with the Costello' � and woulcl be willing to g� for the 14 lot plat, cven though the c�veloFment wst woula be more. He stated he was the leader ira this project and had provic�ec7 all the f�c� anol gntten the ball rollinq. Mr. Ettel v�as only paying a small share af what his portion shoulc7 be, .anc7 N1r. Brickner di� not believe there was � aray equity here at all. -9- � ' _x_�i��;_ «�;y�v� _�� •� ai?!?�� ' ��l:�;l�t� �� Mr. J�ne. f avor of w�ula be Street ir vacation lat pl a� Tiller, represeriting the Costello's,.stated the Costello'� were in the 14 lot glat but were opposed to the 12 lot plat because they deniec7 access. They were opposed to the vacation of McRinl.ey . the event the 14 lat plat was not apprwed. Ae stated he felt the of McRinley Street shoulcl be ooritingent upon the appraval of the 14 Mr. (�iarles Campbell, represeriting Mr. Ettel, stated Mr. Ettel was still willing to sell the property anol allow Mr. Brickner to c�ontrol the entire project. It was his tazderstancling that they v�re at the poirit where 5 cents per �quare foot was the differential between making a transaction. Mr. Ettel had ootmteroffered at 90 cents/sq. ft. versus Mr. Brickner's recent offer of 85 cents/sq. ft. The reason Nlr. Ettel had co�teroffered ana mairitai�d his offer of 90 cents/sq. f� was the fact that whereas all the ather people in the glat realistically have no other additional expenses, Mr. Ettel was looking at the clemol ition of his existing garage anc� was ba.sirally required by city c�ode to v�nstruct a r�ew two car garac�e, . with the possibility of a one-car garac�e lalthough the pric�e c7iffereritial between two cax versus one car garag�e was not that much). They feel that in terms of bargaining in gooal fai.th, the 90 cents/sq. ft. ofter was a gooa faith offering oonsidering the 51,400 differenve versus the �5,000 to put up a new �rac�e. He aoul� not supp].y ariy market data that would support the idea that l�r. Ettel wow].cl get back the money Y�e would have to spenol to improve the property, relative to the size arad ac�e of the e�ci..sting house. � Mr. (�mpbe].1 stated it was Mr. Briclaler's �ncern that he aoritrol the whole project. an� Mr. Ettel dici not have a problen with that, provideol the two parties aould oome to tenns on what was an aclequate priQe. Mr. (�mpbell stated Mr. Ettel had no problen with the stipulations. Mr. Ettel and he would probably go forwarcl and put a plat into effect as soon as the street was buil� �"� Mr. Robinson statecl if Mr. Ettel participated in the plat whereby the garagae woula be torn down to make room for the cul-de-sac, the garage must be repla�d ana a hard surfaoe driveway uistalled to aonnect to tlze cul�le-saa Staff was witling to aonsider a single car garage if that woulc7 make the proj ect work. Mr. Brictmer stated he had offered Mr. E�tel 85 cents/sq. f� which was more than anyorpe else had sold their land for. They wvulcl take dowri Mr. Ettel's gara�+e and give him acoess to his lot at no charge to him. Buk, in view of trying to get this �oj ect toc�ether, he woulcl 1 ike to publ icly say that he woulcl p�ay N1�. Ettel 90 cerrts/sq. ft He wanted to build a niQe proj ect. Mr. C�pbell stated Nir. Ettel woulcl acoept Mr. Bricl�er's offer; it was what they had stipulated all along. Mr. Mike Wallace, 993 Benjamin St. , asked if any of the homeowners on Benjanin would be ass�ssed for the t�ilities for this projec�. Mr. Robinson stated the wsts would be l�orne by the a�eaeloper. -10- -_ �� i�� -�-y •� �i?!a�-� �; �?��!i�� ^ Mr. Betzol� askea Nlr. Briclmer if he woulci agree to the stipulations now that N9r. Ettel had acceptecl his offer. l�r. �rickner statecl he would have no problen with the stiptelations as long as he wuld put in the road and util ities. Mr. Robin�n stated staff would have r� prob].m► with Mr. Briclaler doing the raad ancl utilities as long as it was all �mder one ownership. He stated stipt�lation #1 coulc7 be c]eleted. However, he woulci 1 ike to acld a stipulation relatecl to the oonstruction of the new garage and the driveway to the Ettel house. �iiey mig�it have to re+quire a letter of creait or boncl to ensure that the garage is lxiilt k�efore the lot is sold. Mr. Barna �tatec7 he wantec7 to again e�ress his oonc�rn about the possible future requests for varianc�es anc7 if they wuld try to make sure that the lots are r�t so �hhallaw after setbacks and that the houses are not set on the lat in such a way as to precipitate requiranents for variances sometime in the ftiture with aclditional developnent on the lots. Mr. Robinson stated that at the last meeting, . the developer dia feel he wuld kxail� houses on the lots without variances. The lot areas do meet aode. Mr. Barna stated he just wanted staft to cloublecheck on the placement of the r�rth/south placement of �khe �reet that it was r�t so far west or east as ,.�.� to cause the situation where the cul-de-sac aould cau.se futtare requir�nents for varianoes for dlecks, swinmung pools, etc. Mr. Robertson statecl staff ooulcl certairaly do that, . but these are unique lots created esseritially to solve a prob,len and meet some commtmity needs. Becau�e the lots are �iqt�e, even though they �uld try to ensure they are as well desicyleci as p�ssible, their uliqueness would essentially not create a probl� in a future hardship finding. Mr. (�mpbell statec� Mr. Ettel hacl no problen with the compliance on the removal of the garage. However, it woula facilitate the sale of the property if they had some leeway in terms of when that has to be aonstr�c:teol, .�n terms of being able to work with the future buyer of the house, and whether or not they are a].lowed to builc3 a one-car or two-car c�-arac�e, because it would help to sell the house. Mr. Betzol� suggesteci Mr. Ettel work with staff before the City Council m�eeting. �,Q� by Mr. Rondrick, sewnc�ed by Mr. B�arrna, to close the public hearing. UP�ON A VOICE VOl'E, .ALL VOPING A�, �A]R,p�RSCd1T BErZC�,D DE(aLARID TFiE PUBLIC HEARIlt�G CI�06ID AT 8: 40 P. NL MS�L�T by Nls. Sherek, seaonded by Mr. Barna, to recommend to City Council approval of Preliminary Plat, , P. S. �87-07, Heather Oaks, by Brickner n Builders, Inc. , being a replat � Lot 16, except the East 33 feet, Auclitor's -11- �: 1Is� �: _ ��vi�� _.� • i �i?�� _ ��;�; r- ;� � ,� Subdivision No. 92, ancl Otitlat A, Aoorn Hills Addition, and that part of Lot 14, Auditor's Subdivision No. 92, which lies East of the West 165 feet thereof, an� Lot 25, Auditor's Subdivision No. 92, eancept the southerly 150 feet including a right- of-way, ancl all that �aart of Lot 24, Auditor's Subc�ivision No. 92, except the south 150 feet of the east 80 feet of �aiol Lot 24, including a right-of-way, all generally located at 59�0 Stinson Boulevarol lw E with the follawing stipulations: l. Developer to suYmit a preliminary plat with c7imensions, lot area calculations and easements prior to Cotu�cil public hearing. 2. Developer to surmit a storm drainage plan prior to CoLmcil publ ic hearing. 3. Plat to be desicyned so as to prwide for a full cul-de-sac with the additiori of the E�ttel property. 4. Storm sewer assessments to be paid prior to glat agproval. 5. Park fees of $1,500 per each new dwelling to be �icl with each rbew buil.ding pe�i� 6. The Ettel property to have a new garage with a driv�vay wnnecting to the new cul-de-sac,.b�th to be constructed prior to the trans�er of the o�wnership of the old Ette1 l�ouu�e paroel. A letter aF credit in the amoimt of $5,000 to be sutmitted to the City of Frid].ey prior to the trans�er to a�ver said improveuexits. UPON A VOI� VOi'E, ALL V�!'Il1�G .�, �RSCLV BErZ(�,D DEGLp�RED THE MOTI01�1 � C�RR]ED U1�NIl�+DITSLY. 4. �ONS�II2�R'?ON OF A VACATInN, SAV #�7-11. BY BR?'�R wrrra��uG I� ; c��ea wis�s�� To vacate that part of McRinley Street as dedicated in the Plat of Ac�rn Hill Addition and tog�ether with the Northerly extension of ssaiol McRinley Street to the south lir�e of the Plat of Amber Oaks, generally locateci at 5980 Stinson �ulevard N, E. � by Ms. Sherek, seo�nded by Mr. Nielsen, to r�aove this itea f rom the tabl.e. UPON A VOICE VOt'E, ALL VO�IlVG A�, �PERS�T BII'ZCLD DEQ,ARED THE 1►�OTION C�RR7ED UNANIl�USLY. ,� by Mr. Barna, seconded by Mr. Sa1�a, to recommencl to City Co�cil appraval of Vacation, SAV �87-11, to vacate that �xirt of McRinley Street as �dicated in the Plat of Aoorn Hill Adda.tion anal together with the Northerly extensiori of said McRinley Street �o the South line of the Plat of Amber Oaks, generally l�ated at 59� Stinson Boulevara N. E. , with the stipulation that the vacation be o�ntingent upon the f inal. approval of t11e compl ete 17 lot gla� UPON A VOICE VOl'E, ALL VOI'Il1�G AYE, CH�PERS�T BETZCL,D DECT,I�RID THE 1�TION C�fRRIED UL�TIl�DUS,Y. �1 Mr. Robinson �ated the City Council woulc7 set a public hearing date at -12- _ x_s!�!��;_ !�'vivr .� • � vi�?�!� �� +�:j��l�_;,� � �--� their E�ebruary 22nc1 meeting for I�rdn 7, at which time both the vacation ar�c7 the plat �oulcl be heard by the City Cotmcil. Mr. Betzola thanked all the parties involve� for working hard ancl making this project happen. He stated this was going to be a very niae addition to the City of FricU.ey. I. - =M ��_ 14_�114�� ' � � SJV�z� �__��l��i�i ,. M�'UIU. _�_ �� 1�� ;��_� M��.Q�T by Ms. Sherek, seoondecl by Mr. Saba, to receive the Jan. 7, 1988, Atunan Resotaroes Cora�nission minutes. UPON A VOI(� VOI'E, ALL VUrIlVG AYE, Q3A]RPERS�1 BEPZQ[,D DECLARID THE NKDTION (�RR7ED U1�NIl++Di1SLY. • • a�N?� L_ �s.�11i_�� _ �i�U t� �'vi�� z_ • r;� 4�� !'uiui _�_ _ � � �� sl �4_,_ MO�ION by Mr. Nielsen, seaonded by Mr. Ronalrick, to receive the Jan. 19, 1988, Eraviror�ne,ntal QUa].ity Co�¢nission �inutes. UPON A VOI(E VOl'E, .ALL V�ING AYE, CHATR�RSQ.y gETZ�D DEQ,ARID THE 1�TIOI�T C�RRTED UI�l11Il�USL,Y. �,� L ��_,!zs� ' z_�_ «�;sti�� •� �r �1� -�- ,", � by Mr. Barna, sewnded by Mr. Kondrick, to r�eive the Jan. 26, 1988, Appeals Crnnmission minutes. UPON A VOI� VOl'E, ALL VOPIl�IG A�, Q3AIRPERS�1 BETZ�+D DEQ,ARID THE MOTION C�RRIED UNAI�TIl�DUSLY. �a4�!�; '' ��_� �+� : � . .. Mr. Robinson stated last year the City Council approved a three year plan. The 1987 plan was well wlcier way. At this time, there were some changes to the 1988 plan, . primarily basec7 on the fact that the allocation was reduaed to $104, 658. So�ie good news was that the portion that was all�ated by the City to the Anoka Co�ty Assessment �letwork was picked up by the Co�ty in a r�venue sharirag progr�n. Mr. Robinson stated that utilizing the $104,658, they have increased the share to Riverview Hei�ts becaiase they have foimcl that the purc�ase anol relocaton wsts are �newhat higher than anticipated. H�anan Servioes at 15� was $15,699. Tliat left a balance of $22,000 for Commercial Rehab/�l.ighted Property P.oquisition Redevelo�ment. Mr. Robinson stated that the map on the second page of the hand-out shawecl the progress so far in the Rivervi� Heic,�ts aoquisition project. � Mr. Robert�on stated Mr. �ill Htmt had calleci to their attention that Q��D :�i�� ; «!vi,�� 1� v��M �: ��I:�;_J=;� � ,� this proposeol allocaton to reflect the cut by HUD did cut the Human Servioes allocation by 5�0. If staff was sucvessful in getting a DNR c�rarit, they will see if they can juggle that somehow with the property ac�qui.sition and restore the allocation to Human Resources as much as p�ssible. Right now they are dealing wih the 15$ limit for Human Resour ces. M4�L4� by Mr. Rondrick, seo�nc�ed by Mr. Barna, to accept the 1988 mBG proposal and pass it on to City Co�cil. UPON A VOI� VOi'E, . ALL VOTING AYE, �AIRPERSON BETZC�D DEQ,ARID THE Nl�TIOI�T CARRIED U1�J3,Y. t� ��a._�� L4�1 bY Mr. Saba, seoondecl by Mr. Barna, to aajourn the meeting. Opon a voioe vote, all voting aye, Qiairperson Betzolcl declared the motion carried unanimously, and the February 10, 1988, Planning Commission meeting adjourned at 8: 54 p,. m. Respectfully suYmitted, �� ^ L Saba Rewrding Secretary n -14- -� * . � � ,.�' i � � �� i/�� T� � `�1� S � � �G�/1G�r � S a a �C��G�°y� C�J� � �.� � �� 1 �� y3i�-�� C�� `�- �./, ��i. � -, �r � �� , � f� , � . .�-�-� � /��- /� �.,�-e. �..��-r�- ��—. S�-�� n�, I l► n.s . � �� GL�� n�, , ��.� <_N�I �-�- . ��.� j � lo � � �- � �... � N �. �-- �� .�� /1 `� %�''` �S/�'� �� G'�� C�� .�9� ��- �� /�a 3 ,�� '�� 1� �� ' 5� �.s � � ,�,�v c �. � s7- ,v � � o o d - /�� G � � �i �.�� / � � 7 -e�� C.c.,�.e�t . �' , � /� �� J � � �� ,C ► N�o �.,� �rz �v c�� S6N �,� ,�C':GJ� l `� G G �j � �= dt/ .� .q :2; �r,U S i ��(: �� 3� �� s� ✓ � �z�3 i�� '! �-ar-d�� I�� t��"u.rvt ��5�i�3 r� � �, � 1 2 � °3 Z Z 3 �� 3 �.� �,.3 � G�