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PL 03/22/1989 - 30698;� CITY OF FRIDLEY PLANNING COIdIIrII83ION MEETING, MARCH 22, 1989 _�_________________��____________________________________________ CALL TO ORDER• Chairperson Betzold called the March 22, 1989, Planning Commission meeting to order at 7:30 p.m. ROLL CALL• Members Present: Donald Betzold, Dave Kondrick, Sue Sherek, Alex Barna, Paul Dahlberg Members Absent: Dean Saba Others Present: Barbara Dacy, Planning Coordinator Steven Barg, Planning Assistant Michele McPherson, Landscape Intern Teri Nelson, 2735 Brighton Ave. N.E., Mpls. - representing Jim Bowe Greg Asproth, 7178 University Avenue N.E. Ty Wilson, 7178 University Avenue N.E. Garland Lagesse, 7951 Broad Avenue N.E. ^ Charles Glossop, 505 Highway 69 N., Plymouth Tom, Sheldon, & Barbara Ajax, 92 - 43rd Ave. N.E. APPROVAL OF FEBRUARY 22 1989 PLANNING COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Ms. Sherek, to approve the Feb. 22, 1989, Planning Commission minutes as written. OPON A VOICE VOTE � ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-02, BY JIM BOWE: Per Section 205.24.04.D of the Fridley City Code to allow the construction of a single family dwelling in the Flood Fringe District on property located on Lots 13, 14, and 15, Block M, Riverview Heights, the same being 7919 Broad Avenue N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to waive the reading of the public hearing notice and to open the public hearing. !� -1- PLANNING COMMI88ION MEETING, MARCH 22._1989 �'1 IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED ONANIMOIISLY AND THE PIIHLIC HEARING OPEN AT 7:32 P.M. Ms. Dacy stated this property is located in the northeast corner of Buffalo Street and Broad Avenue N.E. At this time, this portion of Buffalo Street east of Broad Avenue is what is known as a"paper right-of-way" meaning it is on the plat books but is not constructed out in the field. Cheryl Street to the north is also a paper right-of-way. Ms. Dacy stated the lot totals 9,350 sq. ft. The special use permit is being requested to construct a single family home within the flood fringe district. It will be a split level home with a tuck-under garage and an unenclosed deck on the south side of the house. Ms. Dacy stated this lot was the subject of a special use permit application in 1981 by a previous owner. That special use permit was very similar, if not almost identical, to the proposed plan and was approved by the City in 1981. Ms. Dacy stated the property is subject to both the O-1 (Overlay ,� District) regulations and the R-1 (Residential District) regulations. The parcel size and lot width meet the R-1 regulations, and the O-1 regulations contain the flood plain regulations required by the Federal Emergency Management Association which dictates that the elevation of the building must be 1 ft. above the flood elevation level. The Department of Natural Resources (DNR) has confirmed with staff that the lowest flood elevation in this area is 822.9 ft., so the lowest ground floor of the building must be at 823.9 ft. The regulations also state that this elevation must be maintained for 15 ft. around the building. Ms. Dacy stated another section of the O-1 regulations states that vehicular access to the home should not be less than 2 ft. below the flood elevation. The elevation of Broad Avenue is at approximately 816 ft., well below the 823 ft. lowest ground floor elevation. The DNR representative advised that in the alternative, the City impose a stipulation for an evacuation plan which would mandate that the homeowner would vacate the premises upon notification by the City of an imminent flood. Since the site is above flash flood level, the City would know about a flood 2-3 weeks ahead. ^ -2- � n PLANNING COMMIBSION MEETING, MARCH 22, 1989 Ms. Dacy stated staff is recommending the Planning Commission recommend approval to the City Council, subject to the following stipulations: 1. A grading and drainage plan shall be submitted along with the building permit application. 2. The lowest floor elevation must be at 823.9 ft., and the elevation must be maintained for 15 ft. around the structure. 3. 4. The unenclosed deck is allowed to encroach no more than eight feet into the City easement. The homeowner shall agree to vacate the premises upon information by the City of an imminent flood. Mr. Betzold stated the first 3 stipulations were rather easy to monitor, but he did not think the fourth stipulation is enforceable. It was his concern that at some future time, either this owner or a new owner might end up suing the City for allowing the house to be built in a flood plain. He thought it might be better to have a covenant signed by the homeowner protecting the City for allowing a home to be built in a known flood plain. Maybe the City Attorney should look at that as a viable stipulation. Mr. Barna agreed. Mr. Dahlberg also agreed. He felt it is inappropriate to build in flood plains; and in this instance, the City should be indemnified entirely. Ms. Teri Nelson stated she is representing the property owner, Mr. Bowe, who is out of town. She stated Mr. Bowe would like to increase the unenclosed deck from 8 ft. by 24 ft. to 12 ft. by 24 ft. Ms. Dacy stated Mr. Flora, the Public Works Director, had no concerns with the construction of the 8 ft. deck into the easement, so she would have to review the new size with Mr. Flora. She did not think there would be any problem. Ms. Nelson stated Mr. Bowe is willing to abide by any stipulations the City feels are appropriate. Mr. Garland Lagesse, 7951 Broad Avenue, stated stipulation #2 (that the elevation must be maintained for 15 ft. around the structure) is a concern to him as far as drainage. If the property is built � -3- PLANNING COMMI88ION MEETING. MARCH 22, 1989 �. up all around the drain but onto his in 1981, and at incorporated into happening. structure, there is no place for the water to property. He stated he e�ressed this concern that time, he was told something could be the special use permit to prevent that from Ms. Dacy stated that is the purpose of a grading and drainage plan (stipulation #1) and that was a condition for the 1981 special use permit also. It is 27 ft. from the property line to the edge of the house, so a drainage plan can be designed to direct the run- off either to the street or to another part of the property so as not to cause flooding on adjacent properties. Ms. Dacy stated stipulation #1 is saying the grading and drainage plan shall be submitted along with the building permit application. If that plan is not acceptable to the City Engineering Department, then a building permit would not be issued. Mr. Lagesse asked what assurance he and other property owners had that this construction would not go forward without a proper drainage plan to keep the run-off off their properties. Mr. Dahlberg stated the typical drainage arrangement on any given /� parcel of land is that no new development shall alter the drainage such that it would change the drainage pattern and/or quantity of water flowing from that parcel. If the water on this parcel currently flows onto Mr. Lagesse's property, by means of this definition, even with any drainage plan developed for this property, there is still the ability for water to continue to drain onto Mr. Lagesse's property, but that amount cannot increase by any modifications to the property. Mr. Barna stated he would be concerned that the grading and the adding of fill to bring the lot up to the 823.9 ft. height might be done before the building permit is issued. Then, if for some reason, the petitioner never builds beyond that point, the height of the lot would create a drainage problem to surrounding properties. He would be more comfortable with saying the grading and drainage plan must be submitted before final approval of the special use permit. This would insure that an approved drainage plan is in the hands of the City staff and engineers before a,� work can be done on the lot. Mr. Lagesse stated several people have wanted to build on this lot before, and for whatever reasons, they had not done so. It is his preference that nothing can be done to the lot until a grading and drainage plan is submitted and approved. That would seem to satisfy the interest of both the developer and him. ^ -4- PLANNING COMMI88ION MEETING. MARCH 22, 1989 � Mr. Betzold asked if Mr. Lagesse had any objection to the City Council approving the special use permit first before the drainage plan is submitted and approved. Mr. Lagesse stated he would not object as long as there is no problem with the drainage. Ms. Nelson stated Mr. Bowe has owned this lot for a long time, and he just wants to be able to build on it. He cannot sell the lot the way it is now. He will follow whatever guidelines the City sets forth in order to make the lot usable. He is not under any time restraints. Mr. Lagesse stated it is not his intention to stop Mr. Bowe's development of the lot. He just wants to know what is going on and to protect his property. . Mr. Lagesse asked when this item will go to City Council. Ms. Dacy stated that this item will go to the City Council on April 3. However, if the Planning Commission recommends a stipulation that the grading and drainage plan must be submitted and approved r before final approval, then it will have to be postponed depending on how long it takes for the petitioner to get the plan done. n MOTION by Mr. Kondrick, seconded by Ms. Sherek, to close the public hearing. IIPON A DOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE PIIBLIC HEARING CLOSED AT 8:05 P.M. Mr. Barna stated that, as he had stated earlier, he would be more comfortable with the grading and drainage plan being submitted and approved before the issuance of the special use permit. Ms. Sherek stated she did not think the City Council has the expertise to decide whether or not a drainage plan is a good plan. That is the job of the City engineers. She did not think they needed to postpone this item until a grading and drainage plan is submitted. Why can't the City Council act on the special use permit, but then not allow staff to issue any permits until the City engineers have approved the grading and drainage plan? And, since there is a concern on the part of a neighbor about the drainage, a stipulation should be added to specifically address the surrounding property owners' properties since the elevation of Mr. Bowe's property will be so different from the other lots in the area. -5- � PLANNING COMMI88ION MEETING, MARCH 22, 1989 n MOTION by Ms. Sherek, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP #89-02, by Jim Bowe, per Section 205.24.04.D of the Fridley City Code to allow the construction of a single family dwelling in the Flood Fringe District on property located on Lots 13, 14, and 15, Block M, Riverview Heights, the same being 7919 Broad Avenue N.E., with the following stipulations: 1. A grading and drainage plan shall be submitted an approved prior to any alteration of the land and the issuance of the building permit. The grading and drainage plan shall specifically address the effects on surrounding properties. 2. The lowest floor elevation must be 823.9 feet or higher and the elevation must be maintained for 15 feet around the structure. 3. The unenclosed deck is allowed to encroach no more than 12 feet into the city easement. 4. Prior to the issuance of the building permit, the � property owner shall sign a covenant to be recorded at the County releasing the City from any liability for issuance of this special use permit. IIPON A VOICE VOTE, ALL VOTING 'AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated this item will go to City Council on April 3. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT. SP #8�-03, BY GREG ASPROTH: Per Section 205.07.O1.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Barna, to waive the reading of the public hearing notice and open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY AND THE PIIBLIC BEARING OPEN AT 8:15 P.M. � -6- PLANNING COMMI88ION MEETING. MARCH 22, 1989 �� Mr. Barg stated University Avenue Billiards was granted a special use permit in 1988, SP #88-02, allowing them to operate a commercial recreational use in the Rice Creek Business Center. The business is located on the northeast corner of this complex. Mr. Barg stated that presently University Avenue Billiards occupies Bays 4 and 5 totalling 5,186 sq. ft. They are proposing to expand into Bay 6 which is 2,650 sq. ft. in area. The current operation allows for billiard tables, video games, and a snack bar. The petitioner is proposing to add 11 billiard tables and 5 video games. Mr. Barg stated when SP #88-02 was discussed by the Planning Commission and City Council, the two main concerns were the parking problems at the Rice Creek Business Center and the possibility of misconduct-related problems. Mr. Barg stated that as far as the second concern, the Police Department did not express any problems with the business and did not seem to object to any expansion. Mr. Barg stated that regarding the parking situation, the concern from staff's point of view is that when the original special use n permit was approved in 1988, 125 parking spaces were required to meet the tenants' needs, and the Rice Creek Business Center provided 166. Since that time, additional vacant tenant space has been leased to both new and existing tenants, increasing the total number of parking spaces necessary to 142. The proposed expansion to University Avenue Billiards dictates the need for 17 parking spaces. If the special use permit is approved, the business center would need 159 parking spaces, leaving 7 spaces for use by tenants of the one remaining tenant space. If the tenant space was divided 50/50 between office and warehouse use, that would require exactly 7 spaces. So, the parking requirement would be met; however, it is noted in the stipulations that it is important to keep track of the change in usage in the Center because any change to more office/retail from warehouse could require more parking spaces. Mr. Barg stated, in addition, 20 parking spaces along the north side of the Rice Creek Business Center are shared under an agreement with U.S. Swim & Fitness. These spaces, which allow only after-hours parking for fitness club members, are counted as part of the 166 parking spaces provided by the Center. Mr. Barg stated that with the expansion, 52 spaces would be allotted for University Avenue Billiards. This seems to exceed the number of spaces needed as the University Avenue Billiards business ^ -7- PLANNING COMMI88ION MEBTING MARCH 22, 1989 �,,,,� - � � is heaviest during the evening hours and on weekends when the other businesses are not operating. Mr. Barg stated staff is recommending the Planning Commission recommend approval of the special use permit with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. Mr. Betzold asked how they could assure that the development owner would notify the City of future additions/expansions in vacant building space (stipulation #5). Mr. Barg stated he has spoken to the development owner and they are agreeable to this. Maybe they could require that the development owner sign an agreement stating they are agreeable to this requirement. Mr. Dahlberg stated the parking requirements for Bays 1- 6 totals 72 which is nearly half of the total parking requirement for the entire Center. If that is the total requirement for those six bays on the north end of the building, what is the implication on the tenants for Bays 7, 8, and 9? Do they have assigned spaces as well? Mr. Barg stated University Avenue Billiards is the only tenant that has specified parking spaces other than U.S. Swim & Fitness. -8- /"1 /'`� � PLANNING COMMI88ION MEETING. MARCH 22. 1989 Ms. Dacy stated half of the 72 spaces are supposedly for University Avenue Billiards, and during the day those spaces are not occupied by University Avenue Billiards. Mr. Barg stated with the proposed expansion, 52 of those 72 spaces are allotted to University Avenue Billiards, but University Avenue Billiards' peak use is later in the day. Mr. Kondrick stated that by allowing the expansion to University Avenue Billiards, the development owner is essentially doing so at the risk of another business requiring more spaces. Mr. Barg stated that is why staff wants to monitor the additions/ expansions of vacant tenant space. Ms. Dacy stated the retail and office uses require special use permits, so the City can monitor it that way too. Mr. Asproth stated their business has just gone through one year. They have found that during the day Monday through Friday (Friday being a little busier) their business might have 7-10 cars at 4:00- 5:00 p.m. By 6:00-7:00 p.m., they might have 15-20 cars. He stated University Avenue Billiards is open 11:00 a.m. to 2:00 a.m. on weekdays, and 11:00 a.m. to 4:00 a.m. on weekends. Mr. Betzold asked if University Avenue Billiards would like any additional signage designating certain parking stalls for this business after 6:00 p.m., mainly because of the parking problems U.S. Swim & Fitness has. Mr. Asproth stated that even during their busiest time in the evening, they have not had any problem with U. S. Swim & Fitness members. Mr. Betzold asked if there seems to be a parking problem during the day for other tenants, because certain spaces are designated for University Avenue Billiards. Mr. Asproth stated there has been no problem. MOTION by Ms. Sherek, seconded by Mr. Kondrick, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. -9- PLANNING COMMI88ION MEETINa, MARCH 22, 1989 �� Mr. Dahlberg stated he is still somewhat concerned about the parking. He wondered if it was appropriate for the Planning Commission to ask the development owner to make sure the other tenants are satisfied and are not going to have problems with customers and/or employees for parking, even during off-business hours. The fact that the number of cars for University Avenue Billiards and U.S. Swim & Fitness during the off-peak hours could add to a lot of parking along the north and east side. Maybe the Planning Commission should suggest that the development owner post some signs designating certain parking spaces in front of the other tenants, particularly Bays 7, 8, and 9, so those tenants are assured of available parking spaces. Ms. Sherek asked if other tenants were notified of this special use permit. Ms. Dacy stated they were not. The public hearing notices go to the property owners, not to tenants. Mr. Dahlberg asked Mr. Asproth if he had discussed his special use permit application with adjacent tenants. Mr. Dahlberg stated if the landlord communicates well with the ^ other tenants, there probably won't be any problems. He did not think the Planning Commission should try to impose regulations and requirements that are probably not necessary. He just wanted to express his concerns about the parking situation. MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to recommend to City Council approval of Special Use Permit, SP #89-03, by Greg Asproth, per Section 205.07.01.C.4 of the Fridley City Code to allow the expansion of University Avenue Billiards to install additional billiard tables and arcade games in a tenant space adjacent to the existing facility on Lot 4, 5, and 6, Block 1, Paco Industrial Park, the same being 7178 University Avenue N.E., with the following stipulations: 1. The petitioner shall sign and enforce curfew for minors. 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 3. The petitioner shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on premises. � -10- ,.—. PLANNING COMMISSION MEETING, MARCH 22. 1989 5. The development owner shall notify city of future additions/expansions in vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 6. The special use permit shall be reviewed by City Council at the first meeting in August 1989 or sooner if the City determines there is a management problem which requires further restrictions or removal. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Betzold stated this item will go to City Council on April 3. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #89-04, BY GREEN MASTERS INDUSTRIES• Per Section 205.17.02.C.11 of the Fridley City Code to allow exterior storage on part of Lot 6, Auditor's Subdivision No. �"1 39, the same being 92 - 43rd Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and to open the public hearing at 8:45 p.m. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. Dacy stated this property is located south of and adjacent to 43rd Avenue, just west of the intersection of Main Street. The property totals .83 acres. The site is currently zoned M-1, light industrial, and is bounded by light and heavy industrial districts on all sides. A portion to the southeast of the property is zoned R-1, residential, according to the City zoning map, but the parcel is owned by the railroad company and is vacant at this time. Ms. Dacy stated the existing building on the site is used by Ajax Tool & Die. They are currently operating an outdoor storage area, but the business was started prior to any special use permit requirements for exterior storage. Ms. Dacy stated Green Masters Industries wants to locate in the building and use the outside area around the building for storage of their landscaping materials and various types of vegetation. ^ -11- �"'1 PLANNING COMMI88ION MEETING� MARCH 22, 1989 � ^ Staff discussed with them some improvements to bring the property into conformance with performance standards and to provide for screening of the outdoor storage. Ms. Dacy stated the site is well screened from adjacent land uses. The property to the east has a significant earthen berm. The existing mature oak trees screen the Northern Pacific Railroad property on the south and west sides of the property. Ms. Dacy stated staff is recommending the Planning Commission recommend approval to the City Council of SP #89-03 with the following stipulations: 1. The parking area shall be paved and lined with B6-18 concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989. 2. The parking area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback. 3. The petitioner shall install four, eight foot evergreens in the newly created front setback area. 4. The height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers. The bunkers shall not exceed eight feet in height. 5. The parking lot shall be striped for at least 20 parking spaces. 6. The dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster. 7. Prior to occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department. 8. The petitioner shall provide a letter of credit or performance bond in the amount of the improvements prior to initiation of construction. Improvements shall be completed by September 1, 1989. 9. Landscape materials and construction vehicles shall be stored in the rear yard area. -12- PLANNING COMMI88ION MEETING� MARCH 22, 1989 �1 Mr. Dahlberg asked if anything has been suggested as to how the petitioner will utilize the back portion of the southwest portion of the site as far as accessing the storage bunkers. Mr. Charles Glossop, the President and owner of Green Masters Industries, stated they are going to have to provide a drainage area off the parking area going to the rear of the property anyway. They will put in a low lying curb over which to drive trucks to the back storage area, and this low lying curb will also act as the drainage. It will be a class 5 surface. Mr. Betzold asked if Mr. Glossop had reviewed the stipulations. Mr. Glossop stated he had reviewed the stipulations with Ms. Dacy, and the stipulations were not a problem. Mr. Kondrick asked if Mr. Glossop would be storing any chemicals on the site. Mr. Glossop stated there would be no chemicals stored outside. There would be dry granular fertilizer (10-12 tons at any one time) stored in bags. There would also be a couple of 30 or 55 gallon drums of chemicals, and they are regulated by the EPA and the State ,-� Department of Agriculture on how they are to store these chemicals. None of these chemicals will be outside. Mr. Dahlberg questioned why B6-18 concrete curbing is necessary along the parking area. That seemed excessive for a parking lot. Ms. Dacy stated she could discuss this with Mr. Flora, Public Works Director. Mr. Sheldon Ajax stated he is the owner of the company presently occupying the site. He stated they have been in business in Fridley for a little over 33 years, during which time they had outside storage. They kept the storage orderly and never received a complaint from the neighbors. Ms. Dacy stated Mr. Ajax will be relocating his business to another location in Fridley. MOTION by Mr. Kondrick, seconded by Mr. Barna, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PIIBLIC HEARING CLOSED AT 8:55 P.M. �� -13- PLANNING COMMISSION MEETING� MARCH 22, 1989 ,^� r'1 MOTION by Mr. Kondrick, seconded by Mr. Barna, to recommend to City Council approval of Special Use Permit, SP #89-04, by Green Masters Industries, per Section 205.17.02.C.11 of the Fridley City Code to allow exterior storage on part of Lot 6, Auditor's Subdivision No. 39, the same being 92 - 43rd Avenue N.E. 1. The parking area shall be paved and lined with B6-18 concrete curbing as depicted on the site improvement plan included in the staff report dated March 22, 1989. 2. The parking area shall maintain a five foot side yard setback from the east lot line and a 20 foot front yard setback. 3. The petitioner shall install four, eight foot evergreens in the newly created front setback area. 4. The height of the storage bunkers shall extend two feet above the highest item to be stored within the bunkers. The bunkers shall not exceed eight feet in height. 5. The parking lot shall be striped for at least 20 parking spaces. 6. The dumpster shall be enclosed with an appropriate screen on at least three sides of the dumpster. 7. Prior to issuance of a certificate of occupancy, the petitioner shall submit a drainage plan to be reviewed and approved by the Public Works Department. 8. The petitioner shall provide a letter of credit or performance bond in the amount of the improvements prior to initiation of construction. Improvements shall be completed by September 1, 1989. 9. Landscape materials and construction vehicles shall be stored in the rear yard area. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. Mr. Dahlberg stated that prior to the City Council meeting, he would like staff to check with the Public Works Department regarding the B6-18 concrete curbing in stipulation #1. If B6-12 curbing insufficient, it could save the petitioner some money. ^ -14- PLANNING COMMISSION MEETING, MARCH 22, 1989 � 4. CONSIDERATION OF A LOT SPLIT. L.S. #89-01, BY WARD AND PAMELA NYBERG• To split off the north 151 feet of Lot 4, Auditor's Subdivision No. 22, to create a separate parcel for a single family house. MOTION by Mr. Kondrick, seconded by Mr. Barna, to table L.S. #89- 01, until the petitioners can be present. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. 5. CONSIDER AMENDING SIGN ORDINANCE TO PERMIT SIGNS IN CENTRAL AVENUE N.E. RIGHT-OF-WAY: Ms. Dacy stated the City Council discussed this after their March 20th meeting. It is the Council's direction that the City should not amend the ordinance, and that staff work with Sandy's Restaurant on an alternative for signage. The Council is concerned about setting a precedent for other property owners along that same street. MOTION by Mr. ^ on this item Ordinance not right-of-way. Kondrick, seconded by Mr. Barna, to take no action given the City Council's direction that the Sign be amended to permit signs in the Central Avenue IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED UNANIMOIISLY. 6. RECEIVE FEBRUARY 9. 1989, HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Ms. Sherek, seconded by Mr. Kondrick, to receive the Feb. 9, 1989, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. 7. RECEIVE FEBRUARY 28, 1989. APPEALS COMMISSION MINUTES: MOTION by Mr. Barna, seconded by Mr. Kondrick, to receive the Feb. 28, 1989, Appeals Commission minutes. IIPON A VOICE VOTE � ALL VOTING AYE, CHAIRPERBON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. ^ -15- r"� PLANNING COMMI88ION MEETING, MARCH 22, 1989 8. RECEIVE FEBRUARY 28, 1989. ENVIRONMENTAL OUALITY COMMISSIONJENERGY COMMISSION MINUTES: MOTION by Mr. Dahlberg, seconded by Mr. Kondrick, to receive the Feb. 28, 1989, Environmental Quality Commission/Energy Commission minutes. IIPON A VOICL VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIIBLY. Mr. Dahlberg stated he would like to have a brief discussion regarding the possible merging of the two commissions. Mr. Betzold stated the City Council had wondered what effect the merging of the two commissions would have on the Planning Commission. The City Council would not like to see the Planning Commission. They would actually like to see the Planning Commission membership increased to 7 members--maybe in addition to the chairs of the members commissions, appoint at-large members to add certain expertise to the Commission. Mr. Dahlberg stated the Commissions will be discussing this again at their March 28th meeting. It was determined that a discussion ^ with the Planning Commission shouldn't necessarily be a deciding factor as to whether or not they should combine the two commissions. He stated one question had been that if the City Council wants a Planning Commission of 6-7 members, and if the two commissions merge, where do they get those extra members? The City Council has resolved they would get those members by means of creating at-large positions, so that is not an issue. Mr. Dahlberg stated the biggest issue is that the Environmental Quality Commission and the Energy Commission have similar concerns and issues with respect to energy and environmental quality and having the two commissions meet jointly has worked out very nicely. It saves at least one day per month for staff time. Mr. Dahlberg stated they have looked at different options. One option is having a regular single meeting each month and then having the two groups still defined as far as their interests (energy and environmental quality) meeting separately at another time, because the meetings do get to be quite long with the two groups meeting together at the same time. Mr. Dahlberg stated he would welcome any suggestions or recommendations from the Planning Commission. ^ -16- PLANNING COMMI88ION ME�TING. MARCH 22, 1989 � -- Mr. Betzold stated the Environmental Quality Commission is beginning to become one of the more important commissions with all the environmental issues today. He stated he did see the need for more than 5 members on the Planning Commission, and maybe this is something the Planning Commission should discuss. If the Environmental Quality Commission and Energy Commission decide to stay as two commissions, then the City Council could appoint one at-large member. If the Environmental Quality Commission and Energy Commission merge, then the City Council could appoint two at-large members. It would probably be up to the Planning Commission to tell the City Council what type of expertise was needed on the Planning Commission. If the two commissions do merge, he was sure the City Council would not want to lose either Mr. Dahlberg or Mr. Saba. Ms. Dacy stated she thought 7 members was a good number for the Planning Commission. There wouldn't be the ability for a tie vote, and there is the opportunity for more input. A number of other communities� Planning Commissions have 7 members, and it seems Planning Commissions are generally larger than City Councils. Mr. Barna stated he thought 7 Planning Commission members was a good idea. As the community gets older, there is the opportunity ^ for more re-development and re-construction. Mr. Kondrick stated there are issues coming before the Planning Commission in increasing numbers and increasing importance, and there is going to be the need for more input from the Planning Commission to the City Council. The negative side, of course, is that with more members, the meetings get longer because there is more discussion. He was not opposed to a 7 member Planning Commission, but representation from both the Environmental Quality Commission and the Energy Commissions is very important. Mr. Dahlberg stated the two commissions will be discussing this again on March 28th, and hopefully they can resolve this issue one way or the other. 9. RECEIVE MARCH 9. 1989. HOUSING & REDEVELOPMEATT AUTHORITY MINiTTES : MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to receive the March 9, 1989, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED IINANIMOIISLY. ADJOURNMENT• ^ -17- PLANNING COMMISSION MEETING� MARCH 22. 1989 � MOTION by Mr. Kondrick, seconded by Ms. Sherek, to adjourn the meeting. IIpon a voice vote, all votinq aye, Chairperson Betzold declarea the March 22, 1989, Planninq Commission meetinq adjourned at 9:20 p.m. Res ectfully submitted, �Iz-2. Lyn Saba Recording Secretary �^, ^ -18-