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PL 12/12/1990 - 7140City of Fridley A G E N D A PLANNING CONlMISSION MEETING WEDNESDAY, DECEMBER 12, 1990 7:30 P.M. - _ ° LOCATION: FRIDLEY Mi1NICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: �PPROVE PLANNING CONIIuiISSION MINUTES: November 14, 1990 CRYSTEEL TRUCK EOUIPMENT: To rezone 'that part of the east 225 feet of the west 475 feet of the north half o� the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lyinc� north of the south 405.60 fee� of said north half of the northeast guarter of the southwest quarter, from M-1, Light Industrial to C-2, General Business, the same being 1130 - 73rd Avenue N.E. YUISLlI; 31i5AK11Vli: C:V1V�lU1.'ilCA'1:lUlV Vt'- A�YP+I:iAL U�L' YL'Ki*11'1'. �t' �F7V�17. BY CRYSTE�L �'RUCK EQUIPMENT: Per Section 205.17.O1.C.(11) of the Fridley City Code, to allow exterior storage af materials and equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R- 24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the �ame being 1130 - 73rd Avenue AT.E. PUBLIC HEARING: CONSIDER.ATION O�'Pi SPECIAL USE PERMIT. SP #90-18, BY AUMBERTO MARTINEZ: Per Section 205.18.03.C.{4) of the Fridley City Code, to allow the lot coverage to be increased from 40% maximum to 50� maximum, on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 BeQCh Street N.E. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OIIALITY AATD ENERGY COMMISSION MEETING OF OCTOBER 16, 1990 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF NOVEMBER 1. 1990 �2ECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY AND ENERGY COMMISSION MEETING OF NOVEMBER 7, 199Q RECEIVE THE MINLTTES OF THE HOUSING & REDEVELOPMENT I�UTHORITY MEETING OF NOVEMBER 8. 1990 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF DECEMBER 4. 1990 OTIiER BUSINESS: ADJOURN: � �� CITY OF FRIDLEY PLANNINQ CO�ISBION MEETIN(3, NOVEMBER 14, 1990 ,r.i►wnw.�.w.rrw.w.w.rw,wrw.�.ww.w.ww.wrw.ww.w..rrwnrw�wn��w�.ww1rw.w.w.�w�.w.�.w��rw��r.rwwwrw�w.�www��rwr�. CALL TO ORDER: Chairperson Betzold called the November 14, 1990, Planning Commission meetinq to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Rondrick, Dean Saba, Sue Sherek, Paul Dahlberg, Diane Savage, Connie Modig Members Absent: None Others Present: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant Pat Boyle, 6261 Rainbow Drive N.E. Jack and Corine Kirkham, 430 - 67th Ave. N.E. APPROVAL OF OCTOBER 24, 1990. PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the October 24, 1990, Planning Commission minutes as written. IIPON A VOICE YOTE, ALL VOTINa AYE, CBAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOOSLY. 1. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #90-07, BY PAT.AND RITA BOYLE: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, Sylvan Hills, generally located at 6261 Rainbow Drive N.E. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to remove this item from the table and reopen the public hearing. QPON A VOICB VOTE, ALL VOTINa AYE, CHAIRPBRSON BETZOLD DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:32 P.M. Ms. McPherson stated the property is located at the intersection of Rainbow Drive and the West University Avenue Service Road. The property is zoned R-1, Single Family Dwelling, as are the parcels to the north, south, and west. University Avenue is to the east of the property. PLANNINa CO1�II8BION MEETINQ NOVSMB$R 14 1990 PAGE 2 Ms. McPherson stated the request is to allow the construction of a 624 sq. ft. second accessory building. The Zoning Code requires that special use permits be granted for all second accessory buildings over 240 sq. ft. Ms. McPherson stated this special use permit request was first heard by the Planning Commission at their June 20, 1990, meeting. At that time, the Commission tabled the request at the request of the petitioner as there were two issues that needed to be resolved. One was what the building would look like, and the other was the final location of the building. Ms. McPherson stated staff's proposed location is the required 17 1/2 feet from the east property line, as well as 3 feet from the rear property line. Ms. McPherson stated the petitioner submitted a variance request to the Appeals Commission on October 30, 1990, and the Appeals Commission voted to recommend to City Council that the required side yard setback of 17 1/2 feet be reduced to 4 1/2 feet which will allow the petitioner to place the accessory building closer to the existing garage. The City Council will have to take final action on the variance request on December 10, 1990. Ms. McPherson stated the petitioner submitted construction plans which shows the accessory building will be architecturally consistent with the existing house. The existing house is built of stone construction, but the profile of the roof line and basic structure will be similar. The accessory buildinq could also be painted to be consistent with the trim on the house. Ms. McPherson stated staff recommends that the Planning Commission recommend approval of the special use permit request, SP #90-07, to the City Council with three stipulations: 1. 2. 3. The accessory building shall be architecturally consistent with the existing house. The height of the accessory building shall be limited to 14 feet. The variance request, VAR #90-30, by approved by the City Council. Mr. Dahlberg asked what happens if the variance request is not approved by the City Council. r� pLANNINa CO1rII�IBBION MgETING NOVSMB$R 14 1990 PAaE 3 Ms. McPherson stated the acceasory building could still go on the site in the location proposed by staff. There are no issues of lot coverage or other setback requirements. Mr. Kondrick asked if the petitioner, Mr. Boyle, was in agreement with the stipulations. Mr. Boyle stated he�had no problem with the stipulations. Ms. Sherek asked if the petitioner is proposing to put in a hard surface driveway to the new building or will it be just for auxiliary storaqe. Mr. Boyle stated he has an existing driveway, and if the variance is approved, he can use the existing driveway for his existing garage and the proposed accessory building. The building will be used as a second garage for cars, boat, etc. O�TI__ON by Mr. Rondrick, seconded by Mr. Saba, to close the public hearinq. IIPON A DOT�H�E MOTIONACARRZED AND�TitE PIIHILIC�HEARINGZCL08ED AT DECLARE 7s38 P.M. Mr. Dahlberg stated he questioned whether it is appropriate to include stipulation #3• What this stipulation is saying is that the Commission is votinq on the special use permit and recommending approval if the variance request is roved, approved. However, if the variance request is not app then the special use permit would not be valid. Whether the variance request is approved or not, the petitioner cane�it still build the accessory building if the special use p is qranted. Ms. Dacy stated the Commisaion could delete stipulaoi�ha�3• Staff included that as a stipicationsbeandSestaff was not for all multiple sets of app that the sure if the Commission was comfortable with saying accessory building is all right with or without the variance. Mr. Boyle stated that if the will not build the accessory side yard. variance is not approved, he building 17 1/2 feet from his D�TIpN by i+sr. Kondrick, seconded by Mr. Dahlberg, t� Sp recommend to City Council approval of special use permit, y er Section 205.07.O1.C.(1) #gp_p�� by Pat and Rita Bo le, p of the Fridley City Code, to allow a second accessory building in excess of 240 square feet on Lot 1, Block 2, 3. The living situation exemplified by Roger Stein at the October 24, 1990, Planninq Commission meeting. 4, An elderly person living in a single family home wanting to rent out a portion of the home for a person to assist them, or an elderly person who wants to live with their adult children. 5. Homes which we have issued rental licenses to, including 541 - 53 1/2 Avenue, 7430 Able Street, 4042 Main Street, 6070 Central, and 6428-30 Dellwood Drive. Ms. Dacy stated that if it is the intent of the City council to prohibit the creation of two units in one structure/ create a duplex, thereby eroding the intent of the single family neighborhood, then they mustnature° ofrthesenliving standards to ensure the accessory areas. Therefore, the following standards should be imposed as part of a rental license for an "accessory apartment": 1. Require owner-occupancy of the structure. 2. Limit the size of the living area of the accessory apartment so that it is clearly subordinate. 3. Regulate outdoor impacts, i.e., a separate entrance into the accessory apartment can only be created at the side or rear of the home and that there shall be no substantial exterior architectural changes to the single family home such that the home appears to be a two family dwelling. 4. One accessory apartment shall be permitted per single family dwelling. 5. The accessory apartment must meet the Uniform Building Code and Uniform Fire Code. Ms. Dacy stated staff believes these requirements will regulate and keep out the types of situations they believe the Council is trying to prevent. They do not believe they will get a lot of applications at this point in time and believe they have the staff on hand to handle a license application procedure. In the long term, they do expect that these types of license requests would increase given the demographics of this society and might help them catch those situations that are illegal. It seemed that the original ordinance would prevent living situations that the City Council had intended to affect. � � PLANNING COMMI88ION MEgTINa. NOVEMH$R 14. 1990 PAGE 7 Ms. Dacy stated staff is recommending that the Commission endorse the concept of permitting a mother-in-law/accessory apartment as an accessory use in the R-1, Sinqle Family District, subject to receiving a license. Incorporated into the ordinance and prior to the issuance of a license would be the following standards: 1. 2. 3. The owner of the sinqle family home must occupy the dwelling. One accessory apartment per single family dwelling. The secondary living area must comply with building and fire codes. 4. A separate entrance to the apartment must be located on the side or rear of the house to maintain the single family appearance; exterior stairways shall not be added to single family structures unless required by the Uniform Fire Code. 5. There shall be no substantial exterior architectural changes to the single family home such that the home appears to be a two family dwelling. 6. Establish a minimum size of the apartment such that it is clearly subordinate to the principal use of the single family home. Mr. Saba asked how they are goinq to address the current violations--the homes that have already been modified for two families. Ms. Dacy stated staff is still discussing the issue of the 7th Street homes, which is different from the other situations looked at by staff, but they would still have a three year amortization period for the other violation situations. Mr. Betzold asked if the license process would be difficult enough to discourage renting. Ms. Dacy stated that is the reason for the requirement for owner-occupancy. If the owner of a property is required to live in the home, that owner has a vested interest in seeing what happens on his/her property. If the owner is affected by a"bad tenant", then the owner is going to take more of a direct interest in the property than the absentee landlord. PLANNING COMMISSION MESTINa, NOVEMBER 14, 1990 PAaE 9 trying to avoid with the proposed standards is an absentee landlord situation where a two story house is being rented to two families. Mr. Saba stated the really gray area seems to be the definition of a single family home and the definition of a duplex. Maybe they need to just enforce the zoning code. It is important to protect the integrity of the R-1 zoning. The other thing he saw of value is the owner-occupancy standard. Ms. Sherek stated the City should never get into the position of legislating who can live in a building in terms of: Can five unrelated individuals live in a building or not? She did not think a license procedure is appropriate. She did not see a problem with 3-5 complaints per year. Ms. Modig stated she believed they should leave the ordinance as it is now and not make any changes. Mr. Dahlberg stated that in a situation where they have several people living in a building, they need to be concerned about the life safety issues. A lot of these types of arrangements do not meet the life safety requirements. What percentage of people who remodel their homes ever come in and apply for building permit? Ms. Dacy stated they have only been able to catch this type of situation when some of the rental areas are for Section 8 clients, because HUD requires certain size egress windows, etc. Pat Wolfe, the staff person who works with Section 8, has said that some of these units could occur without her knowledge, and it could be a very dangerous situation. Mr. Betzold stated he is not opposed to any of the standards recommended by staff. They seem to be getting hung up more over the licensing issue than they are on the standards presented by staff. Ms. Dacy stated the issue they are discussing is not so much the standards as the level of control. Mr. Rirkham stated it seemed to him that the timing is not good for this proposed ordinance change. All the sociologists are reminding them of the good old days when they had extended families where people took care of their own, and they didn't have to have so many nursing homes, state homes, etc. Sociologists are recommending that people get back to those good old days. The state and federal governments are faced with building and maintaining more and more facilities to take care of those people who cannot take care of themselves. This proposed ordinance would make it pr�xx=pa Cp�IBBION MEETING. NOVEMHLR 14. 1990 PA(iE 10 � much more restrictive and would discourage people from trying to take care of their own. Mr. Kirkham stated he also thought the licensing procedure is not good because it puts the emphasis and burden on the homeowner. He resented the additional governmental restrictions and would resent having to go and ask for a license just to take care of his own family. Maybe the people who need the license are the people who are trying to make a profit by renting out part of their home. Mr. Dahlberg stated he disagreed. If they are going to require a license in one instance, then they should require that a license is necessary in every instance. Ms. Sherek stated she agreed with Mr. Rirkham in that she is flatly opposed to having to get a license to have a relative live in her home at any time under any circumstance. It is nobody else's business if someone lives in the basement of her home. If the home is unsafe, then that is her problem. Ms. Modig stated there is also the situation of having older children living in your home. Would she need a license to allow her own children to live in her home? She would definitely be opposed to that. Mr. Betzold stated he still thought the present code needed a little more clarification to provide a little more enforcement. Mr. Saba stated they should be able to have the ability to require the licensinq procedure for the renting to non- related individuals only. Mr. Dahlberg stated that is discrimination. Ms. Sherek stated they are already discriminating, because right now they do not limit the number of related individuals living in a home but they do limit the number of unrelated individuals to five. Mr. Dahlberg stated he disagreed. Just by virtue of saying a person has to come in for a license if the person is unrelated is discriminatory, because they are not saying the person who is related has to come in for a license. If they are qoing to require a license, then they have to require it of everyone. Ms. Savage stated what is legally discriminatory is what the courts say is legally discriminatory. . ' PLANNIN(� COMMI88ION MBgTINa. NOVEMHER 14. 1990 PAGE 11 Ms. Corine Rirkham stated that Jack's mom lived in their home in the "mother-in-law apartment" for several years. If she had not been related, they would not have allowed anyone else to live in their home. Their adult children have also made use of this apartment. If these people had not been related, they would not have felt obligated to share their living quarters. She did not think they can say it is discrimination. If �it is family, you help them out. She stated renting to related people is very different from renting to unrelated people. Mr. Saba stated that maybe they need an opinion from the City Attorney as to whether it would be discriminatory to require a license for unrelated individuals only. Ms. Modig agreed they need a legal opinion, but she had a real problem with the whole licensing procedure. Mr. Betzold asked if the Commission had any problems with the six recommendations made by staff. Ms. Sherek recommended that along with item #6, they include a maximum size of 35� os 800-900 sq. ft.--something to indicate that there is definitely a smaller self-contained unit within a larger home. Mr. Betzold stated if there is a hardship by holding to a certain percentage, that can be addressed through the variance process. He believed they should have a maximum size, and he would go along with 35�. Ms. Dacy stated that based on the plans she has worked on, she would feel more comfortable with 40�. Mr. Betzold asked staff to get a legal opinion from the City Attorney on licensing for unrelated individuals versus related individuals and to draft an ordinance for the next Planning Commission meeting. 4. PUBLIC HEARING: CONSIDERATION OF A REGISTERED LP,ND SURVEY, P.S. #90-06 BY GLACIER PARK COMPANY: To replat that part of Lots 2 and 3, Auditor's Subdivision No. 78, Anoka County, Minnesota, generally located north of I-694 and west of Main Street N.E. oM TION by Ms. Sherek, seconded by Ms. Modig, to remove this item from the table. OPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THE MOTION CARRIED IINANIMOOBLY. d PLANNINa COIYIIriIBBION MBETINt3. NOVTsMBLR 1�1, 1990 PAGE 12 � Ms. McPherson stated the petitioner is proposinq to subdivide the property into four tracts. The principal lot, Tract A, will meet the minimum lot area and lot width requirements for a buildable lot. Tract B will be reserved for the Burlington Northern rail yards. Tract C could be used by Burlington Northern at some future time for private access to Tract B, but is not a buildable lot. Tract D will be dedicated to the�City for right-of-way for Main Street, which would allow a future Anoka County road improvement project. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of the registered land survey with the following stipulations: 1. Clean the parcel of I-694 construction debris and re-establish vegetative cover by June 1, 1991. 2. A park dedication fee of $.023 per square foot shall be paid at the time of construction on Tract A or if Tract A is resubdivided. 3. Tracts B and C are not buildable lots. 4. Tract D shall be dedicated to the public for street and utility purposes. Ms. Sherek stated she would like to see stipulation #1 changed to require all the tracts to be cleaned of construction debris. OM TION by Ms. Sherek, seconded by Mr. Rondrick, to recommend to City Council approval of Reqistered Land Survey, P.S. #90-06, by Glacier Park Company, to replat that part of Lots 2 and 3, Auditor's Subdivision No. 78, Anoka County, Minnesota, generally located north of I-694 and west of Main Street N.E., with the following stipulations: 1. All four tracts must be cleaned of I-694 construction debris and vegetative cover re- established by June 1, 1991. 2. A park dedication fee of $.023 per square foot shall be paid at the time of construction on Tract A or if Tract A is resubdivided. 3. Tracts B and C are not buildable lots. 4. Tract D shall be dedicated to the public for street and utility purposes. � PLANNING COI+IIKI68ION ME$TINa. NOVEMHSR 14. 1990 PAaE 13 IIPON A VOIC$ VOTB, l�LL VOTINa 11Y8, CHAIRP$RSON BETZOLD DECLARED THE 1�IOTION CARRIBD IINANIMOIIBLY. Ms. McPherson stated this item will go to City Council on December 10, 1990. 5. 1991 PLANNING COMMISSION CALENDAR: OM TION by Mr. Rondrick, eeconded by Ms. Modig, to approve the 1991 Planning Commission calendar with the deletion of November 27, 1991. IIPON A VOICE VOTL, ALL VOTINa AYE, CHAIRPERSON HETZOLD DECLARED THE MOTION CARRISD QNANIMOIIBLY. 6. RECEIVE OCTOBER 1. 1990, PARRS AND RECREATION COMMISSION NiINUTES : OM TION by Mr. Kondrick, seconded by Ms. Modig, to receive the October 1, 1990, Parks and Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTINa AYE, CHAIRPERBON BETZOLD DECLARED THS MOTION CARRIED IINANIMOIIB?�Y. Mr. Kondrick stated he wanted to alert the Planning Commission about the Parks and Recreation Commission's concern about the new Target Greatland which is proposed for the old YMCA site. The Commission is concerned about the impact on Springbrook Nature Center. They need to watch this very carefully to make sure the City can restrict the negative impact to the Nature Center as much as possible, both environmentally and visually. Ms. Dacy stated the developer, First Western Development, will be submitting a rezoning application for some of the property to go from M-2, Heavy Industrial, to C-2, General Business, to match the remaining part of the property. There will also be an application to plat the property into four lots, one lot for the shopping center, and another lot for the Target Greatland, a loopback parcel, and an outlot for the wetland area they are required to maintain. So, the Commission will have a chance to discuss concerns and issues when these items come before them. 7. RECEIVE OCTOBER 4 1990, HUMAN RESOURCES COMMISSION MINLTTES: MOTION by Ms. Sherek, seconded by Mr. Dahlberq, to receive the October 4, 1990, Human Resources Commission minutes. PLANNING COI�IIBBION ME$TINa. NOVSMH�R 14. 1990 PAaE 14 IIPON !l VOICE VOTB� �I.L VOTINa AYE, CHAIRP$R80N B$TZOLD DECLARED TH$ MOTION CARRI$D DNANIMOIIBLY. 8. RF'CEIVE OCTOBER 11 1990 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• OM TION by Mr. Kondrick, seconded by Ms. Sherek, to receive the October 11, 1990, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER80N BETZOLD DECLARED THS MOTION CARRIED �NANIMODBLY. 9. RECEIVE OCTOBER 10 1990. APPEAIS COMMISSION MINUTES: OM TION by Ms. Savage, seconded by Ms. Sherek, to receive the October 10, 1990, Appeals Commission minutes. QPON A VOICE VOTE, ALL VOTING AYE, CBAIRPER80N BETZOLD DECLARED THE MOTION CARRILD QNANIMOIIBLY. 10. OTHER BUSINESS: a. Landscape Ordinance Amendment Ms. Dacy stated that regarding Commissioner Saba's concern about the landscaping ordinance and that it does not adequately ensure proper screening of commercial and industrial developments adjacent to public parks, staff reviewed the remaining developable land located adjacent to public parks. With the exception of the First Western Development site at 85th and University Avenue (Target Greatland), all properties adjacent to public parks have been developed. She stated the First Western Development site will be buffered from Springbrook Nature Center by the Springbrook Apartments and by the permanent wetlands (265 feet x 460 feet) which will be developed as part of the proposed proj ect . Ms. Dacy stated part of the Landscaping Ordinance will require the developer to plant 360 trees, 260 of those have to be perimeter trees and 100 have to be part of the interior landscaping. The Nature Center is very concerned about the impact of seeing a portion of the building. The remaining part of the shopping center and Target will be screened by the Springbrook Apartments. This area should be substantially reforested as much as possible so that screening occurs. �' PLANNIHa COMMI88ION MESTINa. NOVEMH$R 1�. 1990 PAaE 15 Mr. Saba stated he was hoping to see some teeth in the ordinance that would address this issue and basically create a precise requirement in the Landscape Ordinance. He is concerned not only about screening the building but also screening the parking lot from Springbrook Nature Center. He would like to reduce the visual impact to the Nature Center as much as possible. Ms. Dacy stated they do have the teeth now in the revised Landscape Ordinance. In the old ordinance, they did not have the requirement of planting of 365 trees nor did they have the setback of 265 feet. Again, this is the last situation where parkland is wide open adjacent to a development. Mr. Saba stated he is not so much concerned about the 265 foot buffer. He is just saying there should be a dense planting of trees, whether it is a wetland, or additional rows of trees, something to protect the Nature Center so the development does not become a visual blight to the park. The ordinance does not say where the 365 trees have to be planted. Ms. Dacy stated the City will require the developer to plant as many trees as are necessary to screen that area. Staff has asked the developer to specifically show them the plan. Ms. Dacy stated the Planning Commission will be able to review the plan and applications probably on January 23, 1991. b. Stonybrook Diversion Project Ms. Dacy stated the Commission members had received a copy of a memo from Mark Winson dated November 9, 1990. In the 1992 Capital Improvement Plan, the City currently has a project to divert storm flows in Stonybrook Creek to the ponds in the Springbrook Nature Center. The proposed plan is to create a ditch along the east right-of-way of the Burlington Northern tracks from 78th Street to the south end of the Nature Center. The City has contacted Burlington Northern to obtain an easement, and it appears that the railroad will grant that request. Mr. Rondrick asked what will happen to the flow in Stonybrook Creek as it passes from the railroad tracks to the Mississippi River. Ms. McPherson stated the proposed project would reverse the flow of the water. Riqht now the water flows from b. � 9 pr.�*T*TTNG COMMIBBION ME$TINa. NOVSMH$R 14. 1990 PAGE 16 Springbrook to the south, and they want to reverse that and have the water flow into Springbrook first before it is released into the rest of the system. Mr. Rondrick stated he lives on Stonybrook Way, and he will be asked by concerned neiqhbors about what will happen to the flow of water and if the creek will dry up. Ms. McPherson stated she did not know the answer to that question, but would ask Mark Winson, Assistant Public Worka Director. ADJOURNMENT : OM TION by Mr. Rondrick, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, all voting aye, Chairperson Betzold declared the motion carried and the November 14, 1990, Planning Commission meeting adjourned at 9:35 p.m. Res�ectfully sub 'tted, , �./�: .�. �-- Ly � Saba Re�g�rding Secretary _�_�.r;! � � STAFF REPORT APPEALS DATE C''� O f PL�(1�1�G CQ(V�1I�$$�QN DA'� : D e c emb e r 12 , 19 9 0 FRl DLEY CITY COIJNGL DATE A�� / dn REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE DENSITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTILRIES PARK DEDICATION ANALYSIS FlNANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPATIB(LRY WITH ADJACENT USES 8� ZONNG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNWG COMMISSION RECOMMENDATION ZOA 4i90-06 Crysteel To rezone the property from M-1, Light Industrial to C-2, General Business. 1130 - 73rd Avenue N.E. 1.29 acres (56,250 square feet) M-1, Light Industrial M-1, Light Industrial to the north, west, south, and east Yes Yes Denial Staff Report ZOA #90-06, Crysteel Page 2 Rectuest The petitioner, Crysteel, is requesting that the City authorize a rezoning from M-1, Light Industrial to C-2, General Business. The request is for 1130 - 73rd Avenue N.E. Site Located on the property is a building which is used as an assembly/warehouse facility with an outside storage area to the east and south of the building. The building was constructed in late 1988 upon approval of SP #88-01. The property is currently zoned M-1, Light Industrial as are other properties to the north, south, east, and west. Analvsis The petitioner is requesting the rezoning in order to apply for a special use permit for outdoor display of inerchandise. SuperAmerica and Rapid Oil, while both zoned M-1, Light Industrial, are more commercial in nature. The Central Avenue Corridor Study recommended that the properties directly adjacent to Highway 65 be rezoned to a commercial zoning. Crysteel's use of the building is predominantly assembly, with some repair and some sales occurring from the premises. While automobile service stations and repair garages are a special use in the C-2, General Business district regulations, the type of repair that Crysteel performs is classified as heavy duty repair, and that type of repair garage is not permitted either outright or by special use in the C-2, General Business district. Staff has determined and City legal staff has agreed that Crysteel's particular use of the property is not a permitted use or as a special use in the C-2, General Business District (please see attached memorandum from the City Attorney). By approving the rezoning, the use would be rendered nonconforming. Expansion would not be permitted. The property would meet the minimum requirements of the C-2 District for lot area, lot coverage, and lot width. The property was granted variances for side corner and hard surface setbacks in 1988 (VAR #87-40). Recommendation and Stioulations Staff recommends that the Planning Commission recommend denial of the rezoning request, ZOA #90-06, as the use of the property would not fit under the C-2, General Business district regul�ations and approving the rezoning would render the property nonconforming. PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, December 12, 1990 at 7:30 p.m. for the purpose of: Consideration of a Rezoninq, ZOA #90-06, by Crysteel Truck Equipment, to rezone that part of the east 225 feet of the west 475 feet of the north half of the northeast quarter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, from M-1, Light Industrial to C-2, General Business, the same being 1130 - 73rd Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: November 28, 1990 December 5, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. SP 4�90-19 ZOA 4�90-06 Crysteel Distributing Crysteel Distributing 1130 - 72nd Avenue N.E. Fridley, MN 55432 Falck Properties 2446 Bunker Lake Boulevard Anoka, MN 55303 Falck Properties 1135 - 73rd Avenue N.E. Fridley, MN 55432 Ashland Oil Co. 3499 Dabney Drive Lexington, KY 40509 Ashland Oil Co. 7315 Highway 65 N.E. Fridley, MN 55432 Limpro, Inc. 1223 - 73rd Avenue N.E. Fridley, NIN 55432 Buzick and Flaherty 1201 - 73 1/2 Avenue N.E. Fridley, MN 55432 John W. Buzick 1201 - 73 1/2 Avenue N.E. Fridley, MN 55432 John W. Buzick 1150 - 73 1/2 Avenue N.E. Fridley, MN 55432 James Determan 1780 - 118th Avenue N.E. Blaine, MN 55434 Determan Welding 1241 - 72nd Avenue N.E. Fridley, MN 55432 Hydraulic Specialties 1131 - 72nd Avenue N.E. Fridley, MN 55432 MAILING LIST Planning 11/26/90 Council Crysteel Distributing Box T Highway 60 E Lake Crystal, MN 56055 Ashland Oil Inc. P.O. Box 1400 Lexington, KY 40512 Ashland Oil Inc. 7299 Highway 65 N.E. Fridley, MN 55432 Donald W. Harstad 7151 Highway 65 N.E. Fridley, MN 55432 City Sports 7191 Highway 65 N.E. Fridley, NIN 55432 Kurt Manufacturing 5280 Main Street N.E. Fridley, MN 55432 Edric Association 5024 Normandale Court Edina, MN 55436 c/o Edward Anderson Current Resident 1200 - 72nd Avenue N.E. Fridley, MN 55432 Planning Comm. Chair City Council Members APPLICATION FOR RE-ZONING CRYSTEEL TRUCK EQUIPMENT REASON FOR REQUEST: In October 1988 Crysteel Distributing, Inc. of Lake Crystal, Minnesota, DBA Crysteel Truck Equipment, began operations at the referenced address. The business done at the Fridley location was patterned after the company's 17 years of experience at the Lake Crystal location. At that time, Crysteel's product mix was such that essentially all business included extensive assembly work. Over the past two years, the nature of the metro area market has changed. It now differs from what it was two years ago, as well as from the Lake Crystal operation. These market changes have resulted in a changing product mix, with fewer jobs requiring extensive assembly. While a majority of jobs still require assembly, the needs of our customers are changing to include more pre-assembled products from a variety of manufacturers. As we have examined these changes, and have discussed them with the City's Planning Department staff, it appears we are moving toward a situation in which our current zoning may not match the business we are becoming. As a result, we are requesting a change in the zoning from M-1, light manufacturing to C-2, general business. We are also requesting a change in our current Special Use Permit to allow for limited parking of vehicles and equipment out of the yard area. (See attached form.) We have discussed our needs with the City's planning staff. They have been very helpful in addressing our questions, and we appreciate their professional manner in dealing with the issues and recommending this approach to solving our changing situation. We recognize a request such as this raises many questions, and will requires serious consideration. We see the needs of our customers, as well as our own, changing. We see ourselves as good corporate citizens and an attractive business for the City. We have a strong desire to strengthen the business for the benefit of ourselves, our employees and the community. We ask for your support, and the approval of our request, and look forward to our presentations before the Planning Commission and the City Council. 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P � �o O � } s � c� � _� � � ZOA �� 90-06 Crysteel 1 � +• . _-• .�l D �� — -� � ;, . � � / �J � J/W Ld �' 4.'R �ONING MAP 'I � � a • ��t� � � 'i �i�:�_ i -� .. � i � I � • t �'i' � a i" i I I i i � i I i 1 I i � i 1 I • � _1> � __ f ZOA 4�90-06 ICrysteel ��-� �� , - I . � +� � ,� SIT� PLAN � �, a� � � � y M I� a � �•• N ' '',,,�' , r"� . •� � a avr� v>� vv Crysteel I � t b� 3 � � � � • � ��6T ! � � . • - ..� ! .1'. � '• ' . : ,,,._ , _ � � ,i :r Y f. • ' • • .r � � ' � i �. .r1'—� � ; N I "'�1"'�1 � • � � �� s� . . • � a � ;, . , i�.....r ' . �� I •� � ' . �....._�:.- . .. �., , , r ' � � N �! t� a 1 • � � � � • - - �.—_'; al � � � ' • � . � N . �� . • � • . . . . w . �. �• .� � � � � ~ : � .. . � r-,._... � ;.� . ., • : - • !�■c=�r . . �r o � �� i � V� • ' • � rl N � � � r , �.�..�..... � .� x e1' � °: 1 �, :; � N � r.� ._g.�►; � l'i � ' � ( 'v, . ' � •� � �� % .._�_�. � ' 'el' � � �• � •-� o . N � r � ., • ' , � . • ' .�•�.r.�� . � � W � � � • . •. 'NI' .� � . p� �-,1 • � �.1: • Rf. _ 1w.. ••� • • • � . . fi• � ' •� , r . . � O' � '� N � w ' �R � � W .� � . p ' • - 0 w• w N •,� W W • . . / ..0. . . � Q ' � , . . . � 8 . � � � FLOOR PLAN �iD f k � 0 �I i� s �� [1� � . .� }� � .� . � � � i i� ; � �{ ,� , ZOA �� 90-06 Crysteel � ; �� I '�� . • � � , . �� _ � .. � _ . . 7ZND AVE. NORTH = � � � � �;:� p�j ? ��_� a st c#c�•�r ��r � � ' ..��• � �'• � i . .� :_��. � � � + s ~ v • � �a ; � � 2 : � a�=�� 9 �� .' ' � � i � LANDSCAPE P�AN :1 ll��Y.� � i V ��'�'!l.ti11� ATTORNEYS AT LAW V irgil C. Herrick M E M O R A N D U M James D. Hoeft Gregg V. Herrick Of Counsel Uavid P. Newman y,, T0: Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant FROM: Gregg Herrick, Assistant City Attorney(r-�,� DATE: December 4, 1990 RE: Crysteel Rezoning The question asked of our office is whether Crysteel can qualify as a retail use, permitted under Ordinance 205.14(1)(A)(13). The subdivision which you requested an opinion on deals with "other retail, wholesale, or service activities." From your earlier memo, it appears that sales account for only 15$ of Crysteel's business. Therefore, the company would not seem to qualify under either the catchall retail or wholesale clauses of subparagraph 13. In reviewing whether or not this might be a service activity which would be allowable under a permitted use in a C-2 zoning district, I have reviewed the zoning ordinances concerning motor vehicle service operations and the restrictions under subparagraph 13 which provides that the activities for which goods or services are furnished must be similar to the uses described in paragraph 1-A of the C-2 zoning requirements. The types of businesses described in paragraph 1-A are not similar to Crysteel's operations. The majority of those service uses are proEessional or dealing with entertainment. Crysteel's operations are of a more industrial nature than the other uses allowed by the ordinance. Under the code, Crysteel's abililty to operate as a motor vehicle service business under the C-2 zoning ordinance would be questionable. Subparagraph 1.0 lists the activities in a C-2 district which are permitted with a special use permit. Paragraph 3 provides for agencies selling or displaying...machinery, and paragraph 4 provides for repair garages. Given Crysteel's business activities, it would seem that a special use permit which authorized the selling and displaying of machinery as well as a repair garage and installation service might be proper in a C-2 district. This would depend, however, on the types of work done and the vehicles upon which the work was performed. The C-2 district specifically allows repair garages and specifically prohibits heavy-duty repair garages. The difference between a repair garage and a heavy-duty repair garage under our or3inance is the type of vehicles which are repaired. Vehicles licensed at a category °G" or above or similar weight equipment can only be Suite 2U5, 64U1 Universiry Avenue N.E., rridley, A9innesota 55432, 612-571-3t35U „ , . � - Memo to Dacy/McPherson December 4, 1990 Page 2 repaired in a heavy-duty repair garage. Given the information you have provided with regard to the type of work that Crysteel does it is this office's opinion that Crysteel is engaged in work which would classify them as a heavy duty repair garage. The definitional sections of the zoning code describe one other automotive service category, that of public garage. A public ga.rage is defined in Section 205.03, Subdivision 30 as "a building used for the sale of new or used motor vehicles or whera motor vehicles are parked or stored for a renumeration, or where motor vehicles are repaired within the structure as a service accessory to the main use.” Crysteel's operations appear to be primarily service oriented and would not be regarded as accessory to its main use; therefore they would not qualify as a public garage. If the City staff's assessment of the nature of Crysteel's operation is accurate they would not be qualified to conduct business in the C-2 zoning district. GVH:ldb �, e � e �°-� � _ STAFF REPORT APPEALS DATE C��QF PLAN8IYNG CONUWSSION DATE : December 12, 1990 FRIDLEY CITY COUVCIL DATE ,�� -- REQUEST PERMIT NUMBER APPLICANT PROPOSED REQUEST LOCATION SITE DATA SIZE oEnos�Y PRESENT ZONWG ADJACENT LAND USES 8� ZONWG ��$ PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO COMPREHENSNE PLAN COMPAT�IUTY WITH ADJACENT USES � ZONNG ENVIRONMENTAL CONStDERATIONS STAFF RECOMMEI�ATION APPEALS RECOMMENDATION PLANNfNG COMMISSION RECOMMENDATION SP 4190-19 Crysteel To allow outside display of inerchandise in the C-2, General Business district, or to amend stipulation �1F'7 from SP 4�88-01 1130 - 73rd Avenue N.E. 1.29 acres (56,250 square feet) M-1, Light Industrial M-1, Light Industrial to the north, west, south, and east Yes Yes Denial J Staff Report SP #90-19, Crysteel Page 2 Request The petitioner, Crysteel, is requesting that a special use permit be granted for either of two conditions: 1. To allow outdoor display of inerchandise in the C-2, General Business district; or 2. To amend stipulation #7 from SP #88-01, which requires that "no display or sale or otherwise of trucks or equipment shall be permitted outside the storage yard on or off site." This request is at the property located at 1130 - 73rd Avenue N.E. The petitioner has also applied for rezoning from M-1, Light Industrial to C-2, General Business. Site Located on the property is a building which is used as an assembly/warehouse facility with an outside storage area to the east and south of the building. The building was constructed in late 1988 upon approval of SP #88-01. The property is currently zoned M-1, Light Industrial as are other properties to the north, south, east, and west. Super America and Rapid Oil, while zoned M-1, Light Industrial, are more commercial in nature. Analysis M-1 The M-1, Light Industrial district regulations require that all storage occur in the rear and side yards. In addition, the code requirements do not allow outdoor display of inerchandise. Staff would recommend that Crysteel be required to store and "display" all materials and equipment in the rear yard as was required in the original special use permit. Requiring storage of materials in the rear yard is consistent with past requests. C-2 While the Central Avenue corridor plan recommended that a C-2, General Business zoning or commercial zoning classification would be appropriate for those properties directly abutting Highway 65, Crysteel's use is not appropriate for the C-2 zone. The intent of the C-2 or C-3 zoning was to allow for existing commercial uses and to promote similar compatible uses (auto mall). Staff Report SP #90-19, Crysteel Page 3 Recommendation and Stipulations Staff recommends that the Planning Commission recommend denial of the special use permit request, SP #90-19, to the City Council to allow outdoor display of inerchandise in the C-2, General Business District, or to amend stipulation #7 from SP #8$-01 which prohibits display and/or storage of trucks and other equipment in the front yard. Outdoor display is not a permitted use either outright or by special use permit in the M-1 district, and the C-2 zoning district is not appropriate for this particular use. PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, December 12, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP #90- 19, by Crysteel Truck Equipment, per Section 205.17.O1.C.(11) of the Fridley City Code, to allow exterior storage of materials and equipment on that part of the east 225 feet of the west 475 feet of the north half of the northeast quaxter of the southwest quarter of Section 12, T-30, R-24, Anoka County, Minnesota, lying north of the south 405.60 feet of said north half of the northeast quarter of the southwest quarter, the same being 1130 - 73rd Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: November 28, 1990 December 5, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. � F SP �90-19 ZOA �90-06 Crysteel Distributing Crysteel Distributing 1130 - 72nd Avenue N.E. Fridley, MN 55432 Falck Properties 2446 Bunker Lake Boulevard Anoka, MN 55303 Falck Properties 1135 - 73rd Avenue N.E. Fridley, MN 55432 Ashland Oil Co. 3499 Dabney Drive Lexington, KY 40509 Ashland Oil Co. 7315 Highway 65 N.E. Fridley, MN 55432 Limpro, Inc. 1223 - 73rd Avenue N.E. Fridley, MN 55432 Buzick and Flaherty 1201 - 73 1/2 Avenue N.E. Fridley, MN 55432 John W. Buzick 1201 - 73 1/2 Avenue N.E. Fridley, MN 55432 John W. Buzick 1150 - 73 1/2 Avenue N.E. Fridley, MN 55432 James Determan 1780 - 118th Avenue N.E. Blaine, MN 55434 Determan Welding 1241 - 72nd Avenue N.E. Fridley, MN 55432 Hydraulic Specialties 1131 - 72nd Avenue N.E. Fridley, MN 55432 MAILING LIST. Planning 11/26/90 Council Crysteel Distributing Box T Highway 60 E Lake Crystal, MN 56055 Ashland Oil Inc. P.O. Box 1400 Lexington, KY 40512 Ashland Oil Inc. 7299 Highway 65 N.E. Fridley, MN 55432 Donald W. Harstad 7151 Highway 65 N.E. Fridley, MN 55432 City Sports 7191 Highway 65 N.E. Fridley, MN 55432 Kurt Manufacturing 5280 Main Street N.E. Fridley, MN 55432 Edric Association 5024 Normandale Court Edina, MN 55436 c/o Edward Anderson Current Resident 1200 - 72nd Avenue N.E. Fridley, MN 55432 Planning Co�. Chair City Council Members � APPLICATION FOR SPECIAL USE PERMIT CRYSTEEL TRUCK EQUIPMENT REASON FOR REQUEST: This request for a special use permit is being submitted in concert with a request for re-zoning. The general business reasons for the general change are described in the request for re-zoning. The specific reasons for the change in the existing permit are discussed below. On February 16, 1988, a Special Use Permit was granted for the referenced property. Specification seven (7) of that permit states, No display (for sale or otherwise) of trucks or equipment will be permitted outside the storage yard, on or off site. Changes in our business now require our application for a change in this specification. These changes are of two types. First, general changes in the market place, and the impact these changes are having on our business. Second, the growth of sales volume. Details of the general business changes are given in the applica- tion for re-zoning,�but in summary, we are beginning to feel pressure to add product lines which require less (if any) assembly, and more on-site promotion. The volume of business has increased more rapidly than antici- pated. In the fiscal year ended October 31, 1989, sales for the metro location were $1.8 million. For the year ended October 31, 1990 sales were $3.0 million. This increase in sales has resulted in highly increased numbers of job orders and trucks processed through the shop; increased amounts of inventory to be stored; and increased numbers of delivery and service trucks in the yard area. This translates to an increased demand for access to the shop and the parts room, a demand which is best met by reducing the amount of congestion in the yard area by parking completed vehicles and equipment in the parking area. We are sensitive to the concerns of the City. We are willing to limit the use of the parking area for daytime storage of some units, but we need this help. As referred to above, this request is part of an over-all solution to our business needs, needs which we must be resolved, and which will be in the best interests of the City, as well as ourselves. We therefore ask for your support, and your approval of this application, and the related request for re-zoning. _ � - .� �'` �;;;`�� ; �� , , ... . , a ,.'�� >�m � $�� . -_ � �":� �tt.-��R SP 4�90-19 Crysteel � 31 `E SE I --�.a r��.... � :- • — :�-..+— - �; s �p�R�TR= ',t't.,�; �••I'�j% �% ar' tn• � � - _ _ - _ _ _ - _ �j ' C�` � s � j � �ilt1 � Q � a � � -t :w �r� 1 ' ;s � , ) � i � JIII[S L �'TEI�/N � , � d 3 ' �p �' 6 � .• � �'N3 K 17 N I! t0` 7 ;� Q? E i i�, � i�..�,_•�i g �� , � ' r�n)-.� - - - -; ��1 E.w 'S; - ~ . :� � TRAL7 `�' � -• �, ; i _ -� �. ^ I� `i«•r-.,� � ` .. .� . _ i I � � �� f�� i ; !iJ ' ( � 1 ` @ v �� ; � � �� res R. et►[�r�w � �ostrN � riuE� �e � ; ` Q,.• � D � � � �!I/!1 •i A! i ?. � I �. i�"araac��= �;: �: � � �/ � . � �� ' � �� • nr/i►11Nt. . � � . � � • .oe►s/ � ' _'_�' , I,; �u� r.MU�.cra�irc co. t (s�) (I�rJ �' d(��) � /�l �vsric o��rs 2�t s D� a�•, . �� cow•. • 'Q : �� AU D I TO R S - _ _ �_ _"_ �_ �l�@ _ �,�R -�� ..,, �� --- ... _ � ,.. � _ - Jfl i a p.y. r ! � �i DOM M'. N/RSfLQ �t} ��:.._... a �N� / �' ♦ ; ,; �� N ., 89 3 �� . �91 �: - �� ; ��: ,,, a-,�.� /. � O ' " ' . .... ._. j r�� . � • "�/__�'��.� ..� ' _ ....� "' � �` �� I,I .� '" ~ �/si rai :/si � iroi /2/i r�� u� r�a� ; rNl na� 7 8 9 �V " D.1�'. MARSTAD � �E� G �� (KJ I�/ � CO. �� I .w MI'I �f � � � • �._ ._..lrr:... __.. � xrr 1 t ; . ' ' ' � : . : � "'°''_ S � " �— ;�R-�-- � ...'.'71 r�lA-,_�---�l,�r�s' . . • -_. , ... � � $ !tJ/ � ,�� / rrs� �� KE/TM �ow rr�� rs� �n� ' �/0 ��O �� A NU ("J rr�� I � I N1N// Lrv I .f , i d t J l / � �'°•E� ' OM S/T S /iias' _-� . suwRS�iv.MC � � ' --- ° -- .... �a' -- .. . .,e: . . _ . ir• --- ' � ' � • •-••�:••• •• --af'.. .. • •- ..� •-ao . � �. � N ° . .... .`� � � � � ._'. �� p✓ t � � � � ' � � � � �C_' _'- �� '_'--__ _�-__ = ' Z �` _ , �ONlryENAr '� ► � ` ' � � � � � � � � � � � � � � ��AII,r � � .� � ' � � � � _ � � �ir�,�y - � a � ��oo� ' � _ __ _ -, _ ` + � s'E�'iA � _ � - _ ` _ � � _ E'�sErE� _ I I ` � _ ` � i � = w� ` � 1 LOCATION MAP , � SP ��90-19"' Crvsteel � �-� �rl � � � � � �y �I G �� Z } � 3 _ c� x I l i• r �.. •�i ZONING MAP e . I � � � �=t� . s��a a.�f SP 4190-19 - Crysteel �� i� I / � � 1 SITE PLAN �l �1 � � M I� C � •• • � N . �' �i � • �a vaya�cci - � � � � � � o' N� � W � . � O N ,' . � � � . FLOOR PLAN �D � E � � , , � � � �r � � �� i � � � I 1�i il� � i�� L �� . . C SP 4�90-19 Crysteel . ' ' ,� f� . � , � I T . I �. �� F � i � � — � � !: . � . 7ZP1D AVE. NORTM 3 • �•a�M� p� 2 ��y�� • s � ��:��x�x - ��r � � ' ;�. . �'• � Y . , ... ;: �i �f = M � � L � s � � � � �� v •?�-ss♦ � I � � � .- ' � LANDSCAPE PLAN PIAHIJII� �1�A'IIS.SION I�'!'II�1G, JANLD�t 27, 1988 construct and operate its business on that property with outside storage. The property is zcred 1�1, lic�t industrial. The uses proposed with the busir�ess ir�clude warehousir►g�, .lic�t manufac�uring, ofrioe use, as well as sales and ser�iae. tKr. lmbinson stated the site area was approuimately 1.3 acres, and the i�uilding area was 11,440 sq. f�, and there was a requirenent for 39 parking Bpaaes. . Mr. Imbineon stated the site •plan whicii has been develaped by A S 9ystems, Inc. , included a building with overhead doors within the storage yard area. Zt�e btorage yard f ence woul d rtai oontinuously around the bu il ding a r ea. There will be required parking in f rom arid back arid on the east sic]e of the building. Mr. Fbbinson stated there were two varianoes associated with the project that were going to the Appeals Commission on Feb. 2, 1988--one for a building setback on a ric�t-a�-Way fran 35 f� to 15 ft aru7 a hard surface setback f ran 20 ft. to 5 ft Mr. Robinson btated Staft was reaomner�ding the following stipulations: l. Aedesiq� parking to gwide ten foo�t stalls with at least 15 feet o� setback on the west with tutrrarotia�d. 2. Provide an eic�t foot hic� �� with �rbed wire visible fran �• w�est, and nor th ( in+c1 udin9 9a ri�t-c�-way. 3. Provide additianal lanciscaping as per staft dca�wing tto be suppl ied pr ior to Co�cil ). 4. Staff reserves the ric�t to recanuend chan9es to the buildig facade to achieve qualitative a�nsistency with reaent c�nstructicn in the area. 5. Develaper to supply a btorm drainage plan for btaff approval by l�bruary 5, 1988. Rioe Creek Watershed app�wal r�eeded prior to builcling petmi� 6. Private utility easem�nt and covenant between eubjec� prcpertY and parael to the �uth to be eaoecuted and rea�rded prior to builing permit 7. Bala�►ae aE park fee fran L. S�87-02 to be paid prior to builcling permit 8. Pb display (for sale o� atherwise ) of trucks or equignent will be permitted outside the sto�age yard. 9. Letter o� credit to cover outside impcaienents to be supplied prior to building permit l�r. Barna asked how this parking was going to be tied in with the r develc�pnent to the eouth and the dsevelopment to the east, . and with ltice -2- ! � � �e p=operty' ��k being ri�t an the east � ��i�d eatl ier. with the lat � it he l� �tweeen �. Imbinson stabed that alos►9 25 ft. of the ent�thert 25 ft. is �e �asterly there was also a spl it a� with apPro�°atelY �� W��g, 72nd a�'�a 73rd, a�na that 25 f� .�0�9 i a at this time bY �iat Creek is being P Pe �e Rioe Creek Watershed the ('Yeek area. �t � been aPP Plan thet was aPPr Y ti0 the ea�� a�n r��sive D�caina9e � woulcl have to�ie the v�� there was a1s� p � this develoP'A District� Distric�� i�o �e p�copertY t� the south► bji the Rioe Creek Watershec� � f� ��, g g c7raul ic sc;hene. a varianc� aPPrpped for the Y�ere �o that draina9e lt� th�e was along with the lot � i� �e lot sp1 it for ��a not1� ieve there was anY �ecialties bu� �9�e rrew PrOP�r� l�� woula be a fenoe at this ti� to be ctoss traff ic c�nsic3ered ��9 73=d Avenue. Was there cping �. Sherek asked about la�s�Pin9 es? a visibilitY Ploialan with the trees and b� •�ey �nerallY �e �a,,,��g trees with ber�'ing �. Imbinso��o�o �� and shrubberY• ask fo for a=eau�a setba� terms ted that beca� � the vati ��e =i�t-of-W01Y �. Shetek s� being 9�� '1' es along the service ate looking at that buildin9 r p�rica � p01° It was be�ming a � °� °� �anto 73rd Avenue• of the traff ic a ri�t hand turn out roaa �a�aveled roa�aY• a triangle heavilY zone included in � . �ey there was a visual ��y ��n° �e sigi �. Imbinson stated ��a be Plaoed- �at wo o�� ere either- wY�ere r� lamdscaping e sicyz was not a�� e �ounc3- w�oula al� �� sure ��o �� least 10 ft woula 1�e to be hi9h sed� . � the Creek was PrOp° when the PiPing of using that for �. Sherek stated that the � the poesibil ity as als�o ��. Was that �till a considetatss or s� there w o some discussion abo� ��r � to Determan f ran 73rd A� �e aonaern abo �k in aoc�ss �e C,�m►issian � whether trucks c:ould turn �nough p,s she r��r�� e ooncern �� whethe� �ere would be aaoess. � ap th�e �a get �� °�y�� at fran �00�° 9 r� � ��a Avenue. ��oeSS to 73rd � s a�ss wa� �f initelY of , Imbinson statJed Nir• Determan . ��ted he aould check ir�o �� a to clo with the t the origi� dis�ssion � rovide along there to p � �. Sherek stated � terrn'�� iveway runnin9 ��8 property� ssibil ity of a c�o t l�� i�1es in and out D�etern►an with a way to 9e � �a �. al ong that ar ea � e r�n9 � cvci��aY at the �. 1mbinson sta� he dla shvw s� ��ere was some consih r�lieved the uite a way fran the 25 it. at a tin�e� �� problen but it was 9 t truck storage� 1-2 trucks time for wexni�� Avenue. Be stated he dl.d r�t see acoess was off -3- J : �4� �. •� „�vl i • � �i�;.�Y �. ' � 1,. ;• with this. Mr. Peter Schuller► A S 8ystens. Inc.. stated be was representing Crysteel Distributing. Als� at the meeting was G1enn Wiens. . the Cenetal Mar►a9er of Qysteel. He stated Crysteel's hame a�t ice was in Lake Crystal, Mn• . ana they have a branch office in Fridley. They are leasing right rww frca► Bydraulic S�ecialties at 1131 — 7�d Avenue N. E. They have purchased the property directly north of there and would 1 ike to expand into that f acil ity. CYysteel' s pt imary busir�e ss was eal es and di st r i but i on of tr uc k equipnent and aooessories. Zt�ey install such things as truck dump bodies onto trucks, as well as installing snow plows, hoists, . tool boxes, and rtnrling boards. !!r. Schuller �.ated that �rior to the intallatian oi the truck b�dies, they are going to r�eed a aertain ano�t a� storage, until � individial picks of the truck, a�d that was the reason fot the special use permit. He stated they have made a oouple of �anges, Bud� as lires in the drawings• ared those have been discussed with Mr. AobinsQn Mt. Betzold asked if the petitianer was agreeable to the stipulations as reao�an►enaea t�y a�aft. 1rir. Schuller stated that Stipulation #l, that �e parking be redesigned to pzwide 10 ft. stalls with at least 15 ft. e� setback on the west with turirarotind, has already been cbr�e. �i �atians.�ee stated they have been w king�with Mri Rcbinson andf have bt pul talWed to the City's Builc7in9 InsPector• lyr. Schuller stated regarding the Caunissian's oonaern regardinq the sign, if they were to install the sigl on the n�rthwest aorner, they would elevate it 15 f� c�f the grade level. They did not have a peroblen with d�ing that. It was to their advantage to do that� otherwise, the sicg� would not be visihle f ram Iiic�way 65. irlr. Betzold stated that with this special use permit and tt�e varianoes going to City O�t�cil. was it a pcohlea with the Appeals Oo�ni.ssion m�nutes aoming back to the Planning Camnissien before cping on to City ��? Mr. Robinson stated that it they were to wait for the Feb. 2 Appeals Ganmissian minutes to aoane back throuc� the Planning Commission, it would delay the special use permit and the varianoes fram going to the City Q�taicil until l�eb. 22, 3nstead of Ftel� 6. i�lr. Sc3�u11er stated they w�ould 13ke to go to City Co�cil on Feb. 8. if p�ssible, because theY w�uld like to start epring construction as soon as p�ssibl� Mr. B�� x�a wr,�t t�,� wa�a � sto�� in the btorage yard Mr. Wiens stated there would be a few chaseis, mainly finished products, �� D � 1 ace. or stoz age P 9iis would notazd ��a �k bef or of �e boxes� � �°ws. �� e stoza9e ould 1�e �►��'Y �lesCry�� e ��,s woulo �� Y etc. �� h�� at thei t Lake �e � O� t rts. n�e s a 1e °� 1�� `. was 9oing to ana11� I� �a sto=a9e She facilitY• of t11is rea= Y � ��,d Aven�• ked if the c=eation� �ucks sitti°9 ��ed � 1°t' ��e 5torage�e i� �c,�-d,use it leok+eci l�e a ��e �a�d she �a not a stay on 72nd At wo d not b� �d the stor a9e °� �� 'l�t woula be f ence a so i that was 9�ing t° be th� r 1°`tr �e �i bu il din9 �e to be �n' 1 � ��ating �e �°ra9e � �. ��1� �a�a th�Y w� �e �ic heatin9- �e buil�n9' �r ��n�a � �, Sab2►► tO � �D �� E F'UBLIC � �. 5her BEIZ �N i� vv�. � vorn� �, j� p VO � S: 05 Y. � � BEARIl� Q'�6ID pla�t�. t this loolced 1� a was 9�ing to �me up �• ��a he �� best P1a°c' st�e fe1t anY°r'e =ek stat�ed it was �e that has � readY �' � this Site• ation �l � w ith f� ��a el imin�te S�� rek stated theY, r. to CitY �°un�lr � �r�e bY �e �� ► to seoommend ��s� �c. � P of �n � seconded �' �� #88-01� by A' a e�erior �orage � �eLek. • �it. . SY � a3.lc�w �e West �� 5 �� S�cial ��e gri�e'Y �� 225 feet of �rter of appYCyv�205.17•1•Ga c� ��at �I ��r�� the So�hwest 4�e So�h �ctian a�1�� ent � ��ota� ly�g North °f hwest materials � � � the� �tyr �rter of �ie Sout the ow ing feet a� 12e � 30, g-2 �� f� the Nor thea N E. � w ith f ol l S e c t i a� n � i d N o r 11 3 0 - 7 3 r d Avenue 405.60 feet � same � ln9 Q�rter, �e vinYl �� ,le �l�a�� hi�' cha� lut ) f �� barbea wir e y ptov ide � e � �=th ( inclu�g � - (to ►� �� t �icawin9 �� ri�t �-v�aY• 1�caPing � �� e iuildin9 2. Prwide �� yncil) • � �hanges to �� r�tion suPPlied PrlOY �e ti�t to re°°m��en�y with rece itatiVe wnsi 3. ��r� �i�e � � �� for ��p ior � � e�� s�y a� aeekWate�� a�rw� �tY � 4. �� 5, 1988. � permi� � �enant betwe� sub7eet P� builc�.n9 �,e�nent 5. P�c ivate � 1� -5- � : �� e. �.�v!v� �-i �� i�1�iY �. �: � �: ;� paroel to the s��h to be executed and reaorded prior to building permi� 6. Balance of park fee fran L. S�87-02 to be paid prior to building permi� . i. I�b displ.a�y (fos sale or otherwisei of trucics or equipnent will be permittec� outside the storage yard on their property or afiy other adjaae� �acoperty. 8. Letter a� credit to a�ver outside �m�rovenents to be supplied �rior to h�ilding petmi� UPON A VOICE VOI'E, .�1LL VClrIl� A�, �AIIti�1:IiSCN BErZQ�D DE(ZARED THE MDTION Q1RRgD U1�NII�J3,x � �I4I� b�' Ms. Sherek, .�eaonded by Mr. Barna. that the varianae request by A. a S��ems, � In�. • go �irectly to the City Council from the Appeals Gonmission wiihout cping to the Platuung C�m►ission throu�h the minutes so that the ` varienaes anc� special t�se permit will c� to City Co�cil asi F�eb. �. ZIPON A VOIC� VOi£, .Ai.L VOPIlVG A�, �lAntPF.RS�I �IIZCLD DEQ,ARED THE MOTION Q�RRgD UNANIlK)�J�.Y. �:��4 /� ; : • � • H.! �): : :t ��.uWi` � « l; = � � : ?� ) �! � �+� nq�QN b!' Mr. Saba. secon8ecl by Mr. SWanda. to rpmave the item�ram the table. tJPON A VOICE V(�E, . i4LL VOTING AYEr QE1AIItP�FtS(I�1 $IIZQ,D D ARED �AE MOTION (�RR�D U1�41NI1►UUS,Y. Mr. Fobinson atated that since the last meeting. aft lookea at various options, and he was prepared to present cnly option, beca�e stafr felt it was the only option that made sense. at option does include an additianal curb cut to the Moore Lake �ma s proposed shopping center on Ceritral/Rioe Creek Road in an area dire y across fram 63rd Aven�. The develc�er �as requested this wrb c�t to a marketing �noern for saine a� the tenant spaoes in the prop�sed 'ng center. Mr. lmbinson stated that at the ast meeting, �ere was some conc,Qrn as to the ,imp,act an the rnic�bo= to the north and the use of 63rd Avenuse by co�mnercial traffic wanting o shortcut the light at Highway 65 and Rice Qreek Road. Ba�ed upon �e o�noerns, .staft c,an►e up with a desi� which incluc�es exter�ding Ri txeek ltoad's proposed median to preclude traftic fran exiting the � ing oenter and cutting across. In addition to the c]riveway me�ian, clirec�s tra�tic to the east so the mwenent across Rice CYeek Raad was at�ibited in that wa�. It cbes not re�ric� the use o� 63rd Avenue by the ic�bors1 they still have all the oonvenienoes they have �y. �e ing tbey Earuiot cb is leave the st�opping center and go across to 63rd A u�e fram the r�ew driveway, but tbat was a convenienoe they would not hav without the pra�osed dtiveway. s� rnthin9 was being taken away fran Iiobi�on stated tiiat with the closing of the median cn Hic�iway 65 at the -6- 2. � � � !� .� w�� ! .l��_ �!�� .�'�'+_ : . :a 901 on the eea�nd reading and order publication. Seaonc3ed Billings. Opon a voiae vate, all vating aye, Mayor Nee clec.� carried u�animously. � �. �� ' � � _:� 4?I�, � • s � �,1 _ � • C�uncilman the motion 1�DTIDN by (bimdlman �c�rieider to table these ppointments. Sevoncled by Counc3lwoman Jorc�enson. IIpon a voice vo , all voting aye, Mayor Nee declarecl the motion carried unanimously. , a : 1 � i � -- ; �, �� .� m�cilman Billings stated e has an item which was not included as an agenda i�► �a a�x�a si�i �t, Assistant to the .C3ty I�anager� to read the resol ution Mr. Aunt rea d thi s sol ution whi ch wmmenc�s the C�ty Ma na ge r, Na sim Qureshi, for his se ioes to the City of FYidley ancl appreciation for his mntributions ma to trie graw�h anci c7evelopnent of FYicfi.ey ancl to the well being of its d 'zens. NDTD�N by 0� dlman Billings to acbpt Resoiution No. 14-1988. Seoonded by m�mcilman etuyeider. Opon a voiae vote, all voting aye, Mayor Nee declared, ,� the motio carried tmanimously. Mr. Q eshi stated when you serve s� long r zec� by those he serves and to lmow sible eerviaes for their tax cbllars. in the a�mm�mi#.y, it is niae to be t�ie citizens are getting the best K ;_ M � '� y�� 4y • ' _s •� I _ _ • 4� _ � -� � - �i � o • � �' 41_ z�i;.sr! 4 _ _ �' � - • _— ! � _�� •��.� ��. � �.�---- � - .� —�� y, � • s� . • _ y � � _ � �� ' ; •! 1�� i '• . � �� •�, � _ :i _� �� - � . � ��i Mr. Robertson, Conun�mity Developnent Dir�ctor, stated this property is located south of 73rd Avenue and east of Hi�iway 65. He stated Crysteel Distributing, 7nc., whc is a ter�ant af Hyc�aulic Specialties to the south,. was requesting a spedal use permit for outside storage in aomjtaiction with their busi�ss operation on this Fcoperty. He stated the p�operty is zoned M-1 and the �ses Fropased include warehousing. lic�t manufacturing, offic� use, as we11 as �les and serviae. -3- �;� �� ?f �!4y' ��.U�� v!�!�M �_ � ' �+�: �J�..�� Mr. Imberteon statec3 the site area was apFroximately 1.3 ecres, the building area was 11,440 sq�re feet and 39 parking sFsaes are require8. �e stated the sitre plan has been developed by A. B. Systems• Ae stated there is a varianae associated with this izojec.t tc rec�ce tr�e sicle gard setback f rom 35 feet to 20 feet. Mr. Imber�son stated the Appeals Cbmniss.i.cn =eaon�r�dea this variance be submitted to the Council, without Planning Comn►ission review, �in order that the� specfal use permit and variance� coulc] be mnside�ec7 at ti�e s3me meeting. Mr. R�bertson state8 the plannin9 Commission zeo�mmended approval af the special use permit with pic�t stipulations which 'he outlined. Ae stated u�der atipulation 4, the storm water drainage plan aPpro�va7. was needed prior to the builchng permit beinc� issuect He stated staff has reoeived the plan toc3ay, �awev�r, and woulc7 like t�o bave �he opport�nit� to review and ap�aove i�. Mr. Qurest�i, c�t� Manaqer, as�cea if a a�ntribution was be�ng mac"ie for the drainage, F� p�intec9 out �hat on the Determan propert�, an easement was given. 1�. ]�bertson stated he beiieved there was �n easemertt, however, staff would check further. Mr. Qureshi feit one of the stipulations should require an easement be Frwided for the bik�ewa�/wallaaaY along 73rd Avenue and also an easement for a trianqular p�rtion of property at �e eetvioe =°aa. lKr, Schuiler, Viae-Ptesident Qf AB. 9Ystens► stated the plan sutxnitted by their dvil engineer, win also workec3 on the �et�erman preject. tied in the drairege. He stated the easement for the bikewayiwa].kwaY �S P�wic3ed on the nerth of the pcoperty an8 they cb mt have a Fcokalen with it� Mr, Sc3�uller stated Ccysteel is involved in making utility b�xes� �ow Plows an� acaes�ries for trucks, i� statecl these are manufact�ecl at their Pl� in Lake Ccystal and installed at the Fric'dey fadlity. Cb�mdlman Schreider asked if there would be hazarcbus wastes or chenicals stored on this site. p1r. Schuller stated there will be ro hazarcbus wastes and presented photos of �e type of equiPnent to be stored on ti�e goperty. �p�pp by m�cilman Schneider to ooncur with the reeomn►en3ation of the Planning Commission and grant Special Use Pern►it, SP �88-01, to allow exterior storage of materials and equiPnent at 1130 73rd Avenue, with the follawing stipulations: (1) an eic�t foat hi� �ai�n�l3�a� w� �°I�a slats on east, west, ar►d north (including �) rovided per wire visible fran ric�t af-way= (2) additior�al landscaping be p staff drawingf (3) staff reserves the right to reeommend changes to the building facade to adzieve qualitative censistency with reeent a�nsioval�bY in tbe areas (4) develePe= to suPP1Y a stora► c]rai�9e plan for app staff, a�ter a review of the Riae Gteek Wabershecl's appreoeal of t1'iis plan� (5) private utility eassment and oovenant between subject proper �and �r�l �� of�rk fee f am S8ni81-02 ato be ipaid prbior �to �ilding (6) bsI ance pa �_ . 4. 3. � �! _ � � �4. •!.�]�.� � �!�.�4� � � � _�= ��;i! permitf (7) no display (for sale or atheLwise) of trucks or equipnent will be permitted outside the storage yard on this Froperty or any ather acYjaaent property; (8) letter of credit to be supplied to a�ver outsicle improvenents prior to huiiding pern►it i�eing issued; anc7 (9) a bikeway/walkway easement, as weil as an easPment for the triangular portion on the mrthwest �rrer of the eervioe roaa, be wiaed. Sec�ondeci by Councilman Billings. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motian carried unanimously. At this time, the O�imdl a�nsiderecl Iten 4, the variance, associated with this goperty. � �� Mr. Rabertson, O�i�¢n�i.ty Developnent Director, state this is a request for a varianoe to reduae the side yard setback f ram feet to 20 feet on a a�rner lot. Ae stated the Appeals mmanission rev ed ti►e request and has reaommende8 apFrwal with the stipulation the ding be lciwered as much as p�ssible. Mr, lmi�ertsot� �ated the petitioner origi y requested another varianoe, but by working w3.th staff, it was elimina d as the building was moved f ive feet further to i-he east. Mr. Shculler, represer�ting A. B. S�ist s, stabed it was physically imp�ssible to mwe their trucks in and out wi out this varianoe. Ae stated a builc'�.ng heic,�t of 22 feet inside is req red for this operation. Mr. Schuller stated the west wall would be ied in the gro�ncl a minimun of two feet and some lands�ping can be cbne o the west s�de to rec�oe the visual impact. stat,ed th al an ext ior lic,�tin to enhanoe the appearance of the Ae ey so p1 9 area. Q��mciiman Fitzpatrick�ked haw many persons would be employed at this f acil ity. Mt. Glen W3ens, �e�ral I►�nager of Ctysteel, stated they aritidFete 10 or 12 enplayees within �( year or eo. Ae stated currently there are six emplayees. 1�+DTIDN by m man Schneider to aoncur with the A�eals ssion and grant varianoe, VAR #87-40, side yard tback fraa 35 feet to 20 feet on a stipul.a n that the building be lavered as mucii as Counci n Fitzpatrick. Up�n a voice vote, all c1ec1 the moti.on csrried unanimo�ly. reconunendation of the to reduae the required corner lot with the p�ssible. Seaonded by voting aye, Mayor l�ee �� , �� ?��;_� • . • +�! � �- �-:� ��1v��r�� - K 1�+= K � � �• ��a;.� -r :� ' s �s _ � . � �TAFF REPORT APPEALS DATE C�QF PLAIVNWG CO(1MIqSSiON DATE : December 12, 1990 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn REQUEST PERMIT NUMBER APPL�CANT PROPOSED REQUEST LOCATION �ITE DATA SIZE DEN�ITY PRESENT ZONING ADJACENT LAND USES 8� ZONWG UTAITIE$ PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFQRMANCE TO COMPREHENSNE PLAN COMPATIBWTY WRH ADJACENT USES 8� ZONIVG ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION APPEALS RECOMMENDATION PLANNINQ COMMISSION RECOMMENOATION SP 4�90-18 Humberto Martinez To increase the allowable lot coverage by 107 from 407 to 50�. 7786 Beech Street N.E. 14,320 square feet M-2, Heavy Industrial M-2, Heavy Industrial to the south, north, west, and east Yes Yes Denial � a• Staff Report SP �90-18, Humberto Martinez Page 2 Request The petitioner, Humberto Martinez, is requesting that a special use permit be granted to increase the allowable lot coverage by 10�, from 40� to 50�a maximum. This would allow Mr. Martinez to construct a 3,500 square foot addition to his existing building located on Lots 1 through 5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. The petitioner has also applied for several variances in order to construct the addition which the Appeals Commission recommended denial of to the City Council. Site Located on the property is a two story single family dwelling unit which is attached to a concrete block building which is used as an assembly and warehouse facility. To the rear and side of the property is a fenced storage area, which the peti'tioner is proposing to enclose. The property is zoned M-2, Heavy Industrial as are the surrounding properties to the north, south, east, and west. Analysis The City Council recently adopted Section 205.18.03.C.(4) which would allow a 10� increase in lot coverage with a special use permit. The code section sets forth two standards which should be evaluated prior to the issuance of a special use permit: 1. For existing developed properties, the total amount of existing hardsurface areas should be evaluated to determine whether a reduction in the total building and parking coverage can be achieved. In this particular request, there would not be a reduction in building and parking coverage. The petitioner is proposing to increase the lot coverage by 10� and the total amount of green area available on the site would be reduced. 2. The petitioner shall prove that all other ordinance requirements are met, including but not limited to, parking, storm water manaqeme�t, and landscaping. Cu=rently, the use of the building requires 6.89 parking spaces based on the various parking ratioa outlined in the City's zoning code. However, if the use should change and the amount of manufacturing square footage increases, the property would not be able to provide parking for more than ten cars if the proposed addition is constructed. In addition to lack of available parking � Staff Report SP #90-18, Humberto Martinez Page 3 area, the amount of green space which remains would not be adequate to provide area for storm water retention or detention basins, and would decrease the amount of area that water would be able to infiltrate into the soil. There is also currently little area on the site for landscaping and green space. Recommendation and Stioulations As the property would not fulfill the standards outlined in Section 205.18.3.C.(4).(a-b), staff recommends that the Planning Commission recommend denial of the request to increase the allowable lot coverage by 10%, from 40� to 50� to the City Council. y ,.� PUBLIC HEARING BEFORE THE PLANNING CONIl+RISSION Notice is hereby given that there will be a Public Hearing of the Fridley Pla�ning Commission at the Fridley Municipal Center, 6431 University lsivenue N.E. on Wednesday, December 12, 1990 at 7:30 p.m. for the purpose of: Consideration of a Special Use Permit, SP �90- 18, by Humberto Martinez, per Section 205.18.03.C. (4) of the Fridley City Code, to allow the lot coverage to be increased from 40� maximum to 50� maximum, on Lots 1 through 5, Block 6, Onaway Addition, generally located at 7786 Beech Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. �NALD SETZOLD CHAIRMAN PLANNING COMMISSION Publishs November 28, 1990 December 5, 1990 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 1 � SP 090-18 Humberto Martinez City Council Members Donald Betzold 1601 N. Innsbruck Driae �F`259 Fridley, MN 55432 iianberho Martinez 7786 Beech Street N.E. E'ridley, NN 55432 t�oger Forslimd 7831 Hickoxy`Street N.E. Fridley, rIlJ 55432 S and S Zbol, Inc. 7800 Beedi Str�et N.E. Fridley, NN 55432 Elm Street Associate 7800 Elm Street N.E. FYi.dley, NN 55432 MaYaard Eds°n 5190 Bucizanan Street r1. E. Nh�eapolis, NPt 55421 Maynard Edson 7�5 Beedi Street N. E. Fridley, MJ 55432 l�ald Sm3.th. 7795 Heedi Stxeet N.E. Fr3,dley, rTi 55432 MAILI�G LIST Planning I1/26/90 Council Ronald Smith 6492 Rivervie�r Terraoe rr,E. Fridley, NN 55432 Bmokiyn Zbol 7775 Beec31. Stree.t N.E. FYidley, M1 55432 k �/ P K Praperti.es 7775 Seech Street N.E.. Fridley, 1�N 55432� . � Dyno F�ve c�canpany 7733� Beecii St�+eet N.E. Fiidley; MJ 55432 � F'�-� �P�Y 8333 Stu�set Road Minneapolis, NN 55432 Dani.el NeLso� 7713 8eecii Street .N.E. Fridley; I�d 55432 � Hauser Ai. O�p Huildir►g 55 -- 77tiL Way N.E. F'ridley, 1dN 55432 Leslie Ka�Ua� 25335 Has� �t Rogers, PT1 �55374 Cl�uv.s � Inc. 721 - Znd Avenue �rth Niinn�eapolis, M1 55405 GarY L.ir.�org 7740 Beerh Street v.E. Fridley, M1 55432 Aci-ion Pattern 7714 8eech Stzeet N.E. Fridley, NN 55432 Jatnes Gilbertsoal 7714 �eech Street N.E. Fridley, NN - 55432 Kenneth Ekberg 7790 F�lm Street N.E. Fridley, NN 55432 An3erson atid 3etland 7760 Elm Stte�t N.E. Fridley, NN 55432 8etta�d At�erso�s 7753 Beec3i Stteet N.E. FY3,dley, NN 55432 Hinabexto Suarez 7786 Beec� Stxeet N.E. 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SP �i90-18 Humberto Martinez � - -� _ u e ZONING MAP � � � ' ' ; SP �90-18 ' Humberto Martinez i �; , r • \ ' • y� .�. . � 0 1 � CO �. �� . �..� �� . �r ��- �� • �� • �� 1 � � I t � �j ror�°se�, , ► � �=f 1 . �_ � � � � I �' �n � � � �, . � - I � O) m . , . . 1G. � --•-• - �i � :• � 9 . s :c � 9 + � . �- F • . � � �� w:._� ___ :cZ _. _� .-� .�. I ` � � . � . � . / (i � � � iI �---i � � a � �D M Ori u ' � f� I cn I '• L� " � �; , � �---� . � . � , C� ;. -. , � ' n � � . � ~. I co . i*a 1 �• � . - P i � 1 — — ••- ' ' �r :.� � � — _ . ��—�• ��.� � .: _�i�%� Si1� � , . . '• SITE PLAN , CITY OF FRIDI.$Y ENVIRONMENTAL QQALITY AND BNER(3Y COl�IIrtIBBION MEETING OCTOBER 16, 1990 CALL TO ORDER• Chairperson Dahlberg called the October 16, 1990, Environmental Quality and Energy Commission meeting to order at 7:32 p.m. ROLL CALL• Members Present: Members Absent: Others Present: Paul Dahlberg, Bruce Bondow, Susan Price, Dean Saba, Brad Sielaff, Steve Stark Richard Svanda Lisa Campbell, Planning Associate Doug Erickson, Fridley Focus APPROVAL OF SEPTEMBER 18 1990 ENVIRONMENTAL 4UALITY AND ENERGY COMMISSION MINUTES: MOTION by Mr. Stark, seconded by Mr. Bondow, to approve the September 18, 1990, minutes of the Environmental Quality and Energy Commission meeting as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DAHLBERG DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. NEW BUSINESS a. 1991 Contract for City Wide Curbside Collection of Recyclables Ms . Campbell stated the contract was approved by the City Council at their October 15, 1990, meeting. The City was offered the option of adding glossies to the program; but, after a financial analysis, staff found it would cost approximately $33,000 more so staff recommended against it. It would have added to the abatement goals, but also to the cost. Mr. Sielaff asked if there was something in the contract to assure that the company will perform according to the contract. Ms. Campbell stated there is a performance bond equal to three months revenue and a 60-day notice. ENVIRONMENTl�L QIIl�LITY AND ENERC3Y COIrII�IBBION ME$TING. OCTOB$R 16. 1990 _ PAGE 2 Mr. Dahlberg asked if there was anything else in the contract that was discussed. Ms. Campbell stated there was not. Mr. Stark asked if this had been discussed by the Commission. Mr. Campbell stated she thought the Commission had discussed this and a decision was made in July or August. The reasons for not going out for bid and choosing to renegotiate a contract instead were that Super Cycle had provided the City with good service, participation had gone up, and the City did not want to risk an interruption in service. Mr. Sielaff asked if Super Cycle was asked to show their financial position. His concern is that the City does not get into a situation similar to that when Super Cycle had problems in May of 1989. Ms. Campbell stated there is a clause in the contract that allows the City and the contractor to discuss discontinuing collecting any material that is not marketable. The City is to be notified that a material is no longer marketable, Super Cycle pays the disposal costs for 30 days in which time the City must make a decision about whether or not to collect. This was left in so there is a process outlined should this situation arise. Ms. Price, referring to a financial statement, stated that when talking to citizens, their biggest complaint is paying for recycling when the contractor gets paid to pick up materials and also gets revenue from selling these materials. It appears to the residents that the contractor is getting paid from two sources. It would be nice to be able to show residents the contractor's costs and income. Ms. Campbell stated that last year as part of the bid process, Super Cycle did outline their costs per ton and there was a very small dollar profit per ton. Mr. Bondow stated this might make a very interesting article. Mr. Sielaff stated all they would need to know is the cost per ton to service Fridley. C � ENVIROI�M$NTAL QIIALITY AND ENERGY COMl�IIBBION ME$TINQ. OCTOBBR 16. 1990 PAGE 3 Ms. Campbell stated they could then justify the charge when implementing the fee. Mr. Bondow stated the information does not need to identify Super Cycle specifically, but could show the expenses and income for the company. He thought Super Cycle would be willing to provide that information. Mr. Saba stated that office paper is almost as desirable as aluminum, but Super Cycle does not collect it. Waldorf accepts office paper. Mr. Bondow stated there is not enough volume of office paper from residents. Ms. Campbell stated there is office paper recycling for businesses which is handled through commercial companies. Mr. Dahlberg stated that if the program is expanded for the City, other organizations in the commercial area should also be encouraged to do so. Mr. Saba stated that if these companies can offset costs through the sale of the materials. Mr. Dahlberg stated that if we do this as an independent contractor, persons providing paper will want to get reimbursed for that. Mr. Saba stated some companies would just like to have someone take the paper and reduce disposal costs. Mr. Bondow stated his company does this and contributes any money received to charity. Mr. Dahlberg felt this area could be dealt with along with expanding program areas. Mr. Sielaff asked how the negotiations for the contract started. Ms. Campbell stated the City called Super Cycle and indicated they would like to renegotiate the contract. Super Cycle provided a letter with options and costs. Glossies were more expensive and plastics were even more expensive. Mr. Sielaff asked how this compares to other cities. Mr. Bondow stated that it appears as if staff had done a great deal of homework to prepare for this. ENDIRONMBNTAL QIIALITY 71ND $N$RGY COI+II�I88ION MEBTII�a, OCTOBBR 16, 1990 PAGE 4 Ms. Campbell stated the City expected the costs to be higher. Other cities served by Super Cycle are currently charged between $85-88 per ton. The household rate for Fridley is 72 cents and most of the Anoka County communities run between $1.00 and $2.75 per month. There are differences in the programs. She was confident and pleased that the price was very good. New Brighton is currently under contract for $72 per ton. They went out for bid in anticipation of higher prices. b. September 1990 Solid Waste Abatement Activities Report Ms. Campbell stated she recalculated the figures as suggested. The current rate is still good and would be considered a moderate level of participation. She plans to go back and recalculate earlier figures to see what participation rates had actually been. Mr. Dahlberg asked if Ms. Campbell had calculated what the anticipated tonnage would be for the year. Ms. Campbell stated she has calculated 924 tons for the curbside program and 400-600 tons at the drop off site. The projected tonnage is slightly below the required goal of 1,600 tons. Mr. Dahlberg asked if Ms. Campbell had received any more comments regarding the gate fee. Ms. Campbell stated the comments are the same. Only two who called had no problem with the fee. Most callers want a per bag rate, but it is difficult to evaluate costs that way. A per trip bag count is now being kept. The different sizes of a given bag are barriers to the per bag rate, in addition to the need to handle cash. Mr. Dahlberg asked when the transfer site would be closed. Ms. Campbell stated the site is scheduled to be closed at the end of November. Weather conditions may change this. The site will be closed if snow stays on the ground. Ms. Campbell stated the Task Force discussed what various communities in the county were doing as far as yard waste. Some are doing nothing and others are providing some sort of collection. s ENVIRONMENTAL QIIALITY l�TD BNERGY COlrIIrII86ION MBBTINC;. OCTOBBR 16, 1990 PAGS 5 Mr. Dahlberg stated that after the season is over the Commission can discuss what to do regardinq the fee and how other communities are handling. Ms. Price stated asked if there was a limit to the amount of cardboard accepted at the drop-off site. Someone she knew who had recently moved had taken moving boxes to the site and were told they could only bring in one-third of a pick-up load. Ms. Campbell stated she was not aware of a limit, but it is up to the site in terms of storage. 2. OLD BUSINESS• a. Follow-up on Waste Education Agenda/Yard Waste Handout Ms. Campbell stated the handout was distributed at the site. Some copies are at the library. Most of the information is a recomposite of information in the Waste Management Guide with some program specific information. The handout is printed on recycled paper. Mr. Dahlberg asked if a city ordinance regarding compost is an issue. Ms. Campbell stated that what she had done is asked if this information could be published without worrying about the ordinance. The City Manager stated it was okay to do so, therefore she has not pursued the ordinance further. Mr. Dahlberg stated the only issue is odor. If anyone is not doing something right, it will be a problem. He felt they should wait until the City receives some complaints. Mr. Saba stated that the Springbrook Nature Center also has materials printed up. Some of this information could also have been included. Ms. Campbell stated she has that information and sends it out as requested. Mr. Stark asked if there is a move to do an ordinance. Ms. Campbell stated there is talk about promoting backyard composting but the ordinance needs to be addressed. There is no road block in the ordinance now but she did not know if they could promote backyard composting. She has not looked at it to see if there are . ENVIRONMENTl�L QIIALITY l�TD ENERGY COlrII�IBBION M$$TIN�i. OCTOH$R 16, 1990 PAGE 6 limitations. There is no way to address odor in the way the ordinance addresses backyard composting. Mr. Dahlberg stated another problem is what is to be done if someone complains and how would an ordinance be enforced. Ms. Campbell stated the City has received complaints of odor and using the compost pile wood brush. With nothing in the ordinance to say what a site is or isn't, it is difficult for staff to evaluate. Mr. Stark stated his recommendation is that if there are not many complaints, they should leave things as they are and not develop an ordinance. Mr. Dahlberg stated he did not want to establish an ordinance that is so restrictive that people won't compost but that an ordinance cover enforcement. Mr. Stark thought that these issues should arise frequently before developing an orc�inance in order to show there is a need. Mr. Saba stated there is confusion about putting household waste into the compost pile. One source states this is acceptable and the City says it is not. Ms. Campbell stated the only thing the ordinance says is that the compost site must be 3 feet from the lot line. Ms. Campbell stated Mr. Froehle has done a nice job in putting together the handout. Mr. Stark stated the recipe for composting is for leaves and not grass. Grass clippings are nitrogen rich to begin with. This could be entitled Leaf Compost, and grass could be dealt with elsewhere. • Ms. Campbell stated that this is good for this time of the year. Only 1,000 copies of the handout were printed. Mr. Dahlberg asked that Ms. Campbell work with Mr. Stark to make the changes. b. Container Funding Scenarios This item was tabled until the November meeting. 0 rv ENVIRONMENTAL QIIALITY AND BNERGY COMMISSION I�BBTING, OCTOB$R 16. 1990 PAQE 7 c. Yard Waste Transfer Site Activities Report Ms. Campbell stated she had no report at this time. 3. OTHER BUSINESS: a. Mr. Dahlberg stated the City has sent letters to all the licensed haulers to attend an informational meeting on Tuesday, October 23, at 4:00 p.m. at the Municipal Center to inform the haulers of how the Commission came up with a recommendation to the City Council and to see if they have any concerns at this point or issues for the Commission to evaluate. Ms. Campbell stated that at the meeting the Solid Waste Fact Finding Report would be reviewed as well as the short term and long term funding and how it will impact them in the future. The Commission had told the haulers they would inform them of what was done. Commission members are invited to attend if they are available. b. Mr. Saba stated he understood that the Workplan would be discussed in part at each meeting. The yard waste handout is done and he would like to continue with the next items. Perhaps the Commission could look at the Comprehensive Plan in regard to environmental and energy issues. Ms. Campbell stated she could have Ms. Dacy attend a meeting. Mr. Dahlberg stated he did not think Ms. Dacy had mentioned discussion at this time. Ms. Campbell stated the Solid Waste Master Plan from the Metropolitan Council just came out and the City will not be affected for another year. The County must get involved first and then the cities. Mr. Dahlberg asked Ms. Campbell to talk to Ms. Dacy to see if it is appropriate. It may be appropriate for the Commission to provide input for the plan. Ms. Campbell stated the Commission has done their portion which is the fact finding memo. That portion is not due for sometime. She has asked Ms. Dacy to let the Commission know if anything more needs to be done. Mr. Dahlberg asked to have more information provided at the next meeting on the Comprehensive Plan and beautification plan. ENVIRONMENTAL QIIALITY AND ENERGY COMMI88ION MEBTIIdQ, OCTOBBR 16. 1990 _ PAQE 8 Mr. Saba stated the Commission could work with the City for a plan to Adopt-a-Park or Adopt-a-Beach which could include picking up trash along University Avenue, or accelerate or make more comprehensive any plans for bikeways or wal.kways. Mr. Dahlberg stated it was his understanding that these were to be discussion items with a recommendation to the City Council on how these are to be dealt with. Mr. Saba stated a key point is that the people would like to use walking and bike transportation rather than the auto but there is not a plan or route that is safe. Mr. Dahlberg stated that these types of issues would be included in the Comprehensive Plan and asked Ms. Campbell to talk with Ms. Dacy. Mr. Stark asked if there is a bikeway map. Mr. Saba stated there is, but the paths are more for recreation than for transportation. Mr. Stark asked Mr. Saba if his goal is to have more bike paths. Mr. Saba stated he would like to see more bike paths and also safer, more direct routes. It would be nice to have planned bike paths without having to ride on the sidewalk. The same with the north University section. There is much development and some of this planning could be done with redevelopment. Mr. Dahlberg questioned the Commission getting into this issue as something to spend their time on in terms of planning and suggesting routes, etc. Mr. Stark stated one problem is that Fridley is built up and this will be difficult to do in some areas. Mr. Dahlberg recommended discussing this further when the Commission meets with Ms. Dacy and discusses the Comprehensive Plan. Ms. Campbell stated that this is also a physical planning issue. Mr. Dahlberg stated that the Commission will discuss items from the list at the next meeting. ENVIRONMENTl�L QOALITY AND ENERGY COMMI88ION MEBTINQ, OCTOB$R 16, 1990 PA(3E 9 Mr. Dahlberg referred to page 10 of the September minutes where he had requested Ms . Campbell to discuss with staf f the best way to work with the City Council. Ms. Campbell stated that the issues are presented to the City Manaqer for feedback and a determination is then made as to what would be on the agenda. Mr. Dahlberg asked Ms. Campbell to take the priority list from the last minutes and excerpt some of that information to the City Manager stating the Commission would like the City Council's reaction to some of the issues on the list. Mr. Sielaff asked if the City Council comes up with issues that they would like advice on from the Commission. The commissions are advisory in nature. Mr. Dahlberg stated that, in addition to presenting the priority list, the City Council be asked if there are any issues they feel are pertinent. c. Mr. Stark stated that in discussions regarding GIS, Mr. Winson had mentioned that Fridley was considering buying treated water from the munitions plant in New Brighton. He requested an update on what has happened. d. Mr. Stark stated he noticed a new monitoring well across from the Community Education Center by the park to the north. He asked Ms. Campbell to provide more information at the next meeting. e. Mr. Dahlberg presented a notice for grant funds that are available to local units of government to construct processing facilities for various projects. Mr. Stark stated that these funds are for garbage or refuse and not for yard waste or recycling. ADJOURNMENT• MOTION by Mr. Bondow, seconded by Ms. Price, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DAHLBERG DECLARED THE OCTOBER 16, 1990, ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING ADJOURNED AT 8:47 P.M. Respectfully submitted, , � 2 �--�-x,zJ �'C� � � Lavonn Cooper Recording Secretary � � CITY Q! �'itIDLEY Hp� �EBOQACaB COIO[IBBZO� ILEETI�IG, �VEILSBR l, 1990 r�.w.w.r�w�raow�rwn�r�r�r�r�wr�rwr�.w w.wr�r�rw.wr�r.rrww.�rwrw.�rw.�r/rr/rwr�r�r��.orrrr�.w �� .��}� Ct�airperson Sherek called the November 1, 1990, Human Resources Cammission meeting to order at 7:30 p.m. �� Members Present: Sue Sherek, Sue Jackson, LeRoy Oquist, l�arija Netz, Jack Velin Members Absent: None Others Present: Steve Barq, Planning Assistant Roger Blohm, City Represeritative to the National Orqanization on Dieabila.ties Doug 8rickson, Fridley Focus � 1 � r . � ' �A�� _. _ � � T1�4 t , 1 � �f � Y�Sf •—_ Y ��i�� MOTION by Ms. Jackson, seconded by l�r. Velin, to approve the October 4, 1990, iiuman Resources Commission minutes as written. OPOii ]1 oOICE �IOTE, �I.L VOTIN�3 lIYE � CS!►IRPERBON BHEREIC DBCLARED T8E l[OTION C71RRI8D D�liNI�DIIBLY. •;• • - �; bfOTION by Ms. Netz, eeconded by �Ir. Oquist, to approve the agenda, with the change that Roger Blohm would be the first item on the agenda. IIPON 71 VOICE VOTB, LLL VOTIMG 71YE, C871IRpER80N BHBRE� DBCL�IRED THE �IOTIOiT Cl1RRIBD DiU1NI�OQ6LY. i . �r�w Bus�x�ss : a. Discussion of Issues.Relatinq to American Disabilities !►ct of 1990: Mr. Roqer Blohm, City Representative to the National Orqanization on Disabilities Mr. Blohm stated he had the latest report of the American Disabilities Act which uras siqr�ed by the Prssident not too long ago and which is now law. L � p��f� �.��e.,..e..ae M1f1fTQQTAI? v��n�TVn _ vnv�errntttt i_ 1990 PAGE 2 � Aya4ef�� i�pOVVit�.ri�0 \rVa7i7ivaava� ra�+++�+.• i - Mr. Blohm stated there are 40 million disabled people encompassing all disabilities in the United States, so this is a large force. There are also many disabled children and young people, who become disabled from accidents. The business community often forqets that the disabled are customers, too, and that if their businesses are accessible, the disabled will access many businesses. Mr. Blohm stated the National Organization on Disability is leadinq a pCalling on America" campaign which includes calling for effective implementation of the American Disabilities Act in communities across the country. He would like to see Fridley take part in that by planning some local disability programs. He stated awards can also be earned. Mr. Blohm stated Fridley is one of the few cities that has put toqether a disability guide, and he thought it behooves the City of Fridley to give this some consideration. He would like the Commission to take some time and qive some thought to something the City of Fridley can do. One thing they have to look at is some barrier awareness. Things have to be accessible to the handicapped. Mr. Blohm stated there are stickers available through the Fire Department that can be put on windows of the homes where disabled persons live. This helps the Police and Fire Department personnel know that, in an emergency, there is a disabled person in the home. People need to be made aware of this. They also need to know how many disabled people there are in Fridley. Mr. Blohm stated maybe through the use of cable TV and newspaper they can find out where the disabled people are and what kind of problems they have. They should also not forqet the disabled children. Mr. Blohm stated he thought the City of Fridley should take advantaqe of this "Calling on America" campaign and plan a program and get it going. It will help the citizens of Fridley who have a difficult time helping themselves, and it will make the City of Fridley able to say that it is taking care of all its people, the able and the disabled. Ms. Netz stated the stickers for fire and police seemed like a very good project. Mr. Barq stated that maybe through the media they can find out some of the special needs. " Hplt]►�i 80 �*nainsr t��Zl�i. irv '�"O� �• + 990 PLGS � � Ms. Sherek asked if there iB any way to survey the populace of Fridley to find out ho� many disabled people there are in Fridley. Ms . Jackson stated maybe it is something that can be done in conjunction with the school distre8=s' surveys, because a school census is taken.�very y Ms. Sherek stated school districts are not allowed to label children as disabled on achaol reccrds. Maybe they can conta o� lude�al que tionnaire Bin with the �school willing t census. Ms. Sherek stated disabled people need to be made aware that there are thinqs available euch as stickers for their windows which alert police and fire department people that a disabled person lives in that home. She did not think the Commission can expand their focus to making all accommodations in Fridley accessible to persons with disabilities, but they can certainly look at all the public buildinqs in Fridley--the schools, parks, library, po11in4 Places, etc. , Ms. Jackson stated that with the election coming up, she wondered if it would be possible to find out which pallinq places in the City of Fridley are accessible and which ones are not. Mr. Blohm stated that could i�e the Commission's first project, and it could � to h ve biq projects•�these stated it is not necessary can just be small projects. Mr. Barg stated that another thi�g the Commission might want to discuss is a pushplate for the front door of the Municipal Center to make the building more accessible to the disabled. Riqht now it is very difficult for a disabled person to open the door, and this is another way for the City to be an example to the business community. Ms. Sherek stated the City better have a pushplate or automatic door before the City can enforce the law and require other businesses to have them• �� by Ms. Jackson, seconded by Mr. Oquist, to recommend that the City Council empower a panel to study and provide a final report with recommendations�lic improvinq the accessibility of all City of Fridley p buildings and property including parks, Senior Center, City garage, and Municipal Center. The panel should include the City's representative to the National L1 ;�11r , : • I�1 ' �1� YIz. • , .I. . � u� �-.y�• . 1 � t .� Orqanizntion on Disability, Roqer Blohm; a member of the Hwaan Resources Commission; a member of City staff, and a member of the City Council. Accessibility is not limited to mobility, but includes visual, mental, and hearing disabilities. IIPON !► VOICB VOTE, 11LL VOTI�iG 71YE, C8llIRP$RSON BHERER DECLl�lRED THE l[OTION CARRIED DN�NI1tOII8LY. Mr. Barq stated he would talk to Shirley Haapala, City Clerk, about the Commission's concern about the accessibility of polling places. Ms. Jackson stated that she would be willing to call the head election judqe for each pollinq place and ask this question. Mr. Barg stated he would talk to the Fire Department and look into the possibility of writing a letter that could be published in the newsletter and Fridley Focus about the window stickers for the disabled person's homes. Ms. Sherek stated they can get information out through the newsletter, Fridley Focus, water bills, rental license packages, water meter reqistration, the Senior Outreach Worker, Fridley Senior Center, and school districts. . Mr. Barg stated he would also contact the school districts about the possibility of including a survey with the annual school census next year. Mr. Oquist stated they should not only include public buildings in their review, but also proper parking signage for the disabled. Mr. Blohm thanked the Commission for takinq time to listen to him on behalf of the disabled community. iie stated that as a disabled person and a representative of the City of Fridley on the National Organization on Disability, he would be happy work with the Commission in any way he could and to attend any meetings that might be necessary to qet the job done. Their goal is to make Fridley #1 in its accessibility to the disabled community. 2. OLD BUSINESS: a. Update on Issues Pertaining to Discrimination Mr. Barg stated that at the last meeting, the Commission had requested statistics on how Fridley compared with f + gox�x x$s�*��R cc��ssso� x8a�=�to, �o�ssn i. 1990 paa$-� other communities. This information was included in the aqenda packet. Ms. Sherek stated ehe would like to hold any discussion until the next meeting when they can spe�cifically ask Douq Erickson �itin.t an articl on discriminationstill interested in . 9 b, Update on Status of CDBG Funding for 1991-92 �Ir. garq stated that Commission had received a copy of a memo from Lisa Campbell, Planninq Associgars rthat dthe the CDBG lundinq for 1991-92• It app proqram will continue for anothert e 3o�a in �its tf nding could experience a cut of up allocation. He will keep the Commission informed on the status of CDBG funding. c. Update on Comprehensive Plan Process l�ir. garq stated the Commission had received a copy of a memo from Barbara Dacy, Planning Coordinator, conc�ocess The p the reviBed Comprehensive pl andsCtheu Human Resources continues to move ahead, o�unity to review and have Commission will have the opp input on Beveral chapters of the Comprehensive Plan. d, Update on Child Care Issue Ms. Jackson stated the City Parks and Recreation Department and the Fridley School District will be working together on child care issues. Transportation is a big issue. What the Commission tr �n think of a way to the school district is that if they where a project could be started that might be appropriate for CDBG fur�ding, then the Commission can look into it. At some time, the Commission miqht want to again talk to someone from the School District and encouraqe some action. Ms. Netz stated perhaps informati uttinul t ether da available to anyone interested in p g°g child care co-op. anTnt�ut�ttri�NT : � by Ms. Jackson, seconded by l+tr• Velin, to adjourn the �eeting. Upon a voice vote, all votinq aye, Chairperson Sherek declared the motion carrfed and the November 1, 1990, Human Resources Commission meetinq adjourned at 9:10 p.m. � : • �� • ,ir _ • . �_ : c ;1. �__s�: : ; � � = Respectfully sub itted, Ly Saba Recordinq Secretary CITY OF FRIDL$Y gNVIRONMBIdTAI+ QIIl�LITY A1dD ENBR(iY COMMI88ION BpBCIAL ME$TING �ppg�ggg 7, 1990 rnt.T. mp ORDER• Chai erson Dahlberg called the November �'ission to order at 6130 Y'P of the Environmental Quality and Energy Comm p.m. ROLL CALL• Members Present: Members Absent: Others Present: Paul Dahlberg, Bruce Bondow, Susan Price, Bradley Sielaff, Dean Saba, Richard Svanda Steve Stark Lisa Campbell, Planning Associate CURBSIDE RECYCLING CONTAINER PURCHASE Ms. Campbell stated there are basically three funding scenarios, and staff's recommendationasenofn3S235w sets of bins Enc1990 with scenarios assumes the purch approximately $33,000 received from an Anoka County grant purchase the delivery and distribution until 1991. Then these99funds would 4,426 sets for $54,693. Under Scenario One, consist of $38,000 from the Met Council and ine Scenario Two, the $2 recycling charge on the utility billing. the 4,426 sets purchased in 1991 would be covered in full by Utility Billing Revenue. Remaining monies collected thrcontract utility billing would be applied to curbside recycling services. Additional funds �SU1dThisnestimate comes from thelfact of the contract services cos with the use of containers so that participation would go up contract costs will also go up. Scenario Three is basically the same, except this would provia d staff expectathat revenuetwould billing to $2.50 per quarter, cover the 1991 purchase. Mr. Dahlberg stated, as part of the analysis, it indicates that arter charge, it would bring in funds with a$2.00 or $2.50 per qu go, in Scenario One, only of $61,288 or $76,610 respectively• would be used. $17,542 from the actual utility billing � BNVIRONMENTl1L QIIlILITY 11ND ENSROY CO1�MI88ION BP$CIl�L KEBTINC�. ZiOVBMHER 7. 1990 PA(iE 2 Ms . Campbell stated this f igure assumes a$2 . 00 per quarter charge . Mr. Dahlberg stated this also assumes funds would be brought into the City over and above the amount necessary for the bins would be used to offset the curbside services. Mr. Campbell stated this was correct. Contract services for 1991 for the curbside program are estimated to be $106,000. Mr. Svanda asked what impact do these options have on the curbside program. Ms. Campbell stated the County released $5.00 per household in 1990 for containers or promotion. That is part of the $33,000. When the City first learned of these funds, it was not clear that the City would purchase containers. The City Manager requested some of these funds be used to cover contract costs, which was done. There is about $37,000 left. This is a one time allotment from the County which has brought in $33,000 in 1990. 1991 includes a Met Council grant which must be applied for and estimated billing revenues. Mr. Dahlberg asked if this revenues from billing would be reduced to pay for contract services by the amount spent on bins. Ms. Campbell said, yes. Mr. Svanda asked how many bins per household. Ms. Campbell stated each household would receive one set consisting of two bins. The total is in sets of two. Mr. Dahlberg asked what the impact would be if the Met Council did not award the grant to the City. Ms. Campbell stated the implication would be to go to Scenario Two through default. If they did not get the grant and chose not to increase the utility billing, a General Fund contribution would be needed to cover contract costs. The City would like to avoid General Fund contributions. Mr. Dahlberg asked if a general fund contribution is anticipated. Is there a surplus? Ms. Campbell stated, no, anythinq left over after the bins are purchased would be used for contract services. Ms . Campbell stated that when she originally wrote the memo she felt that a Met Council grant for 47$ of the total funds was unrealistic. In talking with a Met Council staff person regarding $NVIRONM$I�1'Pl�L QIIALITY 71ND E�IERGY COM1dI88ION BPECIAL l�$TIN(�. NOVEMHER 7. 1990 PA(3E � the grant application, she stated there are too many factors that go into the decision to say that this would be an unrealistic request. Based on this conversation, the City could get between $3 and $5 per household. It depends on who applies, the size of the City, etc. Many cities also have containers. Mr. Sielaff referred to Scenario Two, $54,000 from utility billing and remaining $6,595 would be applied to contract services. Does this mean the City is actually taking in $61,000, and then nearly $13,000 would still be needed? Ms. Campbell stated this is correct. With the money from the County and from the utility billing, they would still be short. She did not want to put the City Council in a position of having to access General Funds for that amount. Mr. Dahlberg asked, if for instance none of this occurs and the City Council does not vote to charge a fee for recycling, what would that mean in terms of the curbside program? Ms. Campbell stated the City would be approximately $20,000 to $25,000 short for contract services which would need to be covered from the General Fund. Mr. Sielaff asked what would happen with the surplus from the utility billing. Ms. Campbell stated, in terms of accounting, it all goes into the General Fund but it would be accessed for recycling. Mr. Svanda asked if the surplus could be used for anything. Ms. Campbell stated this was correct. Staff is now working to develop a special revenue fund for solid waste abatement programs; and as we set up this fund, they hope to have restrictive language so that the City Council would need to act in order to use these funds for any other purpose. Mr. Svanda asked if there were other special funds such as this set up for other purposes. Ms. Campbell stated, yes, there were several such funds, but she did not know specifically what they were for. Mr. Sielaff stated there is also the possibility of drawing interest on those funds. Mr. Dahlberg asked, in terms of expending excess revenues from this special fund for recycling program, can they access as a Commission or make recommendation as to how the funds should be spent? BNVIRONMEii'!'!1L QII7illLITY AND E�RaY CO1�iI8BI0�1 BPBCIPiL 1�$TIN�3. NOVEMHBR 7. 1990 PAa$ 4 Mr. Bondow stated this is all based on projections o� tonnage. Actual tonnages could be higher, in which case the funds could be short; or tonnages could be lower and there would be a bigger surplus. He felt this was targeted pretty closely but didn't think the Commission should be thinking about spending funds at this time. Ms. Campbell stated the figures could be off. If we have a surplus thouqh, one place it could be spent is another tire day. That would be considered a reasonable activity. Mr. Dahlberg stated that is order to use funds for something such as that, what is the procedure? Mr. Campbell stated that would be considered a solid waste program activity and they would just do it. If it is not included in the budget, it would likely have to go before the City Council. Mr. Bondow stated it could also be left as a reserve to help offset increases in future contract costs. Mr. Sielaff asked if discussion of the container purchase would be a part of the public hearing. Ms. Campbell stated the public hearing is on the recycling charge on the utility billing. Mr. Sielaff asked about setting up a fund. Ms. Campbell stated a fund is being set up now. Ms. Sielaff stated there would be something that states what qualifies for use of the funds. Ms. Dahlberg stated he thought the question would arise that if you are going to charge money, how will it be spent? If the discussion gets into the proposal to buy containers for the residents of the City of Fridley and they say "no", what are the implications of that? Ms. Campbell stated the staff may not be directed to purchase containers by the Council. At this time, the staff has not been explicitly instructed to purchase containers. Mr. Bondow thought the emphasis should be that the fee will cover recycling services and, in addition to that, funds will cover any shortfall in purchasing containers. The prime motivation needs to be portrayed as a recycling service. , ENVIRO�ZlT71L QII7ILITY 71�iD ENSRaY COI�IIiI86ION BPECIAL M88TINa. �iOVBMBBR 7. 1990 PAaE 5 Ms. Campbell stated the idea of the recycling charge came when the Commission told the City Council that if they were to go to purchase containers they would have to charge residents and later on if there is a shortfall there may be a need to charge the residents. This would make it more general and less tied to the purchase of containers. Mr. Sielaff asked when this would be brought up before the City Council. Ms. Campbell stated the public hearing for the ordinance change is November 19. Mr. Sielaff asked if the issue of the fund would be coming up later. Mr. Bondow stated this would be handled at the staff level. Ms. Campbell stated that activity is finance function. In the ordinance, there will be language that will say that this money is to be spent for this purpose. Commission members will have an opportunity to comment on this on November 20 prior to the second reading in December. Staff is strongly recommending going for a $2.50 quarterly charge now. The $2.00 charge is an arbitrary amount and was not evaluated in terms of revenue needed. What they are saying is that they should go to the $2.50 charge now and apply for the Met Council grant. Then, if they get the Met Council grant and have a surplus, this surplus will make it unlikely for us to come back in 1991 and ask for an increase. Mr. Svanda asked if the motion needed to be two part to include a recommendation that the City Council adopt the staff's recommendation, and that any surplus from this charge be placed into a dedicated fund that can only be used for recycling or related activities. Ms. Campbell thought this would be a good idea so this can be a part of the staff report. Mr. Dahlberg stated that a$2.50 charge does not seem like a lot of money. Ms. Campbell stated that, if the City goes to the $2.00 charge, the City will need to increase that amount next year. The City Council has seen this work but have not received a recommendation. Mr. Dahlberg stated that potentially the City Council could act to keep the fee at $2.00. Ms. Campbell stated that one feeling is to run at a deficit so the BNVIRONMENTAL QIIALITY AND $NERt3Y CO1+II�II88ION � BPBCIl�L iIBSTINa, NOVSMBBR 7. 1990 PAGE 6 ' public will understand the charge is necessary. People that she has talked to figure it less than $1.00 per month and feel that is okay. Mr. Bondow stated that a$2.50 charge is the fiscally responsible thing to do so that General Funds need not be used. How much of an increase would they need to see in the tonnage in order to wipe out the surplus? He suggested that staff redo the numbers so they break even or give a range so they show that they are targeting costs to break even. Mr. Saba asked how many cities give out sets of containers. Most cities give out just one. Ms. Campbell stated some cities have a stack system. Golden Valley has three stacking containers. The City also has already distributed some containers which are in sets. Mr. Saba stated that some people are only going to want one container or perhaps none at all. Are the bins going to be dropped off? Ms. Campbell stated the bins will be dropped off. Mr. Saba asked what the delivery costs would be. Ms. Campbell stated $9, 500 is the most recent quote, but she is trying to get that down. Super Cycle is talking about delivering the containers. Mr. Saba asked if residents could be asked to pick up the containers, and if they only want one, give them one. Mr. Campbell stated the bins will be labeled "glass" and "cans" so they will need to be in sets of two. This will be consistent with the containers that are already out there. Mr. Dahlberg asked if the bins needed to be labeled. Mr. Campbell stated they do not want newspaper and cardboard in the bins. They want residents to use paper bags which are easier to put in the truck. Mr. Dahlberg stated it doesn't hurt to have two containers, but he can also see Mr. Saba's point that some people will not use them or don't have enough quantity for two. Mr. Svanda stated, aside from that, these are going to be dropped off, If this is done, it will cost more. i ENVIRONMENTAL QIIALITY AND $NBRGY CO1rII+II88ION BPECIAL MEETIN(�. NOVEMBER 7. �990 PAGE 7 Ms. Campbell stated residents will be charged if they want or not. This will be a motivation to keep them. Ms. Svanda asked if the number of people who don't want the bins or who don't have room for two will be small and that will outweigh the extra process needed to accommodate them. Mr. Saba stated it would be interesting to see if those people who have bins actually do use one or both of the containers. Mr. Campbell stated on the days she has gone out she has seen two bins. MOTION by Mr. Svanda, seconded by Mr. Bondow, to recommend 1) that the City Council adopt the staff's recommendation; and 2) that any surplus funds from the utility charge be placed into a dedicated account that can only be used for promotional activities or solid waste abatement programs. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT• MOTION by Mr. Bondow, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON DAHLBERG DECLARED THE NOVEMBER 7, 1990, SPECIAL MEETING OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION ADJOURNED AT 7:05 P.M. Respectfully submitted, � / � , 'i'�'ti C Yt r.J ,�4- ,� J La onn Cooper ,Qai Recording Secret�lry CITY OF FRIDLEY HOUSING & REDEVELOPMENT lIIITHORITY �IE$TINQ, NOVSMBER 8� 1990 �_.._..____�_..�.................._�_.._..__...._...._....�_�.._.._�..__�_..�_.._�.._.._.._.._ CALL TO ORDER• Vice-Chairperson Schnabel called the November 8, 1990, Housing and Redevelopment Authority meeting to order at 7:05 p.m. ROLL CALL• Members Present: Virginia Schnabel, Duane Prairie, John Meyer Members Absent: Larry Commers, Walter Rasmussen Others Present: Jock Robertson, Executive Director of HRA Jim Casserly, Development Consultant Jim Hoeft, Assistant City Attorney Paul Hansen, Accountant Mike Schrader APPROVAL OF OCTOBER 11 1990 HOUSING & REDEVELOPMENT AUTHORITY MINUTES• MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve the October 11, 1990, Housing & Redevelopment Authority minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON BCHNABEL DECLARED THE MOTION CARRIED IINANIMOIISLY. APPROVAL OF AGENDA: Mr. Robertson added the following item to the agenda under Action Items: Agreement Regarding Confidentiality of Lake Pointe Negotiations Mr. Robertson stated that before discussion of the agenda items, he needed to tell the HRA that he is resigning from the City of Fridley for personal and family reasons. He stated it has been a difficult decision to make, and words cannot express how much he has enjoyed working with the HRA members as their Executive Director. They are a wonderful group of people. Ms. Schnabel stated each member of the HRA will miss Mr. Robertson tremendously. They have enjoyed working with him and certainly appreciate all the work he has done for them over the years. G HOUSING � REDEVELOPMENT AIITHORITY MTG., NOV. 8. 1990 PAGE 2 Mr. Meyer and Mr. Prairie expressed their regret and stated they wished Mr. Robertson a lot of luck for the future. 1. SALE OF LAND RECEIVED FROM CITY TO FRIDLEY AUTO MALL: Mr. Robertson stated that his memo on agenda page 1 outlines the proposed schedule for the sale of excess property to A1 Schrader. The Council had already approved, by resolution, the transfer of the land to the HRA. The letter has gone to the County asking for the County's approval for this change. The next step is to get the same letter of approval from the State Commissioner of Revenue. The Council will then pass an ordinance declaring the land surplus and deeding it to the HRA. They will then need simultaneous approval of a purchase agreement between A1 Schrader and the HRA and an agreement between the City and the HRA for the HRA to reimburse the City for money received in the transaction. At the closing, the HRA will transfer title from the HRA to Al Schrader, collect the money from A1 Schrader, and, subsequently, transfer the money back to the City as per the agreement. Mr. Robertson stated staff is recommending the HRA approve the above procedure. Mr. Schrader stated he is at the meeting to answer any questions the HRA might have. He stated he has been in contact with Mr. Herrick, City Attorney, regarding this procedure. It is a somewhat convoluted, but necessary, procedure. In order to utilize this piece of land for their proposed development, this is the way it has to work. Mr. Meyer asked what interest, vested or private, would potentially have a stake in this in terms of raising a question of any kind to this whole procedure. Should they expect a potential conflict from another source? Mr. Robertson stated that is a good question, and he does not have an answer to it. As the law stands, this is an exception to the normal procedure where the City by law must give the land to the state and then purchase it back from the state. But, the law allows the one option where the City can give it to an HRA. The law does not specify what the HRA must do with the land. Mr. Schrader stated he has not handled this form of transaction himself, but, given the changes in staff and personnel, he thought it would be a one-step-at-a-time approach. The land is unbuildable given the setbacks and the way it is set up, and will work nicely with their project once the transaction is completed and the land is replatted into one piece for frontage. Given the fact that the land is in a redevelopment district right now and the City has given its blessing that there are no other uses within the City's design for it, he did not see that the Commissioner of Revenue 80USING & REDEVELOPMENT AIITHORITY MT(i.. NOV. 8, 1990 PAGE 3 would have to pursue those avenues as vigorously as they may have given other pieces of property. Mr. Hoeft stated the only other possible avenue he would consider is if the routine is followed and the property would go back to the state, and then the HRA would purchase it back from the state. The only potential there is that the state would have the option when they received the property to place it out for bid. Since the state would be agreeing, by this letter of approval to the Commissioner of Revenue, that this is acceptable, he did not see any other problems. And, as Mr. Schrader has said, this land, the way it is situated, is really not of any use to anyone else. Mr. Schrader stated that since the Council approved the procedure last week, they are working quickly to finalize the leasing and financial commitments. MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the concept for the sale of excess property to Al Schrader for the proposed Fridley Auto Mall as proposed by staff. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CHAIRPERSON BCHNABEL DECLARED THE MOTION CARRIED IINANIMODSLY. 2. AGREEMENT REGARDING CONFIDENTIALITY OF LAKE POINTE NEGOTIATIONS• Mr. Robertson stated that Mr. Utley has been hired by Lake Pointe to represent them in some negotiations. He stated it is quite common to have a confidentiality agreement when undertaking negotiations so that it is held in confidence and cannot be used in court. Mr. Robertson stated he talked to Larry Commers about this the day before. Mr. Commers thought one sentence should be added and that he would call in the change to Mr. Robertson. He stated he did not receive any call from Mr. Commers, and he believed that meant that Mr. Commers did not think the change was significant enough to make the amendment. The change had something to do with the use of the material that would be developed during discussion. Mr. Robertson stated that this agreement has been reviewed by Mr. Casserly and Mr. Herrick. After the HRA's approval, the Mayor and Larry Commers will sign it. Mr. Casserly stated staff has been reluctant to have any more discussions until this agreement is reached. What this agreement does is that when there are discussions to solve the problem, those discussions cannot be admitted later in court. Mr. Robertson stated the MPCA has revoked the Indirect Source Permit. Woodbridge Properties paid the $400 for the extension of HOUSING & REDEVELOPMENT l�IIT80RITY MTG., NOV. 8. 1990 PAGE 4 the Indirect Source Permit, and staff is recommending that fee be refunded back to Woodbridge Properties. MOTION by Mr. Prairie, seconded by Mr. Meyer, to authorize the execution of an agreement regarding confidentiality of Lake Pointe negotiations. IIPON A VOICE VOTE, ALL VOTING AYE, VIC$-CHAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED QNANIMOOSLY. MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve the return of $400 to Woodbridge Properties because of the revocation of the Indirect Source Permit by the MPCA. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CSAIRPERSON SCBNABEL DECLARED THE MOTION CARRIED IINANIMOIISLY. 3. CONCEPT OF PROPOSED TIF ECONOMIC DEVELOPMENT DISTRICT FOR NEW RMS PLANT• Mr. Robertson stated that at the time City staff was approached by RMS Company, they asked specifically about the creating of a tax increment district. He spoke with Mr. Casserly about this, and Mr. Casserly stated it can be done. It meets the statutory requirements for an economic development district; however, there would be LGA penalties to the City. Subsequently, Mr. Herrick and he met with the buyers and the sellers and determined there was a total of about $100,000 of outstanding special assessments. The HRA would essentially agree to pay for half of that. Then it would be up to the buyer and seller to negotiate how to pick up the rest of it. They had previously negotiated an agreement whereby the buyer was going to pay $27, 000 of the special assessments which was on the books at the beginning. What happened was the new special assessments were added to the tax rolls after they took a casual look at the outstanding assessments when they first started negotiations. After they had covered the agreement that the $27,000 was going to be picked up, the buyer's attorney discovered there was another $75,000 that had been added. Mr. Robertson stated staff feels it is in the City's best interest for the HRA to split the assessment half and half with the private parties. The buyer and seller will then have to negotiate how to pay the other half. It is an easy way to keep this industry in the City. Mr. Casserly stated it is not impossible to create this kind of economic development district. It is just that the amount is so small that he did not think it is worth going through all the time and expense. Ms. Schnabel asked what it would cost the HRA to create the district. HOIISING & REDEVELOPMENT AIITHORITY MTG.. NOV. 8- 1990 PAGE 5 Mr. Casserly stated it would probably run between $2,000-2,500 to create the district, and then for assurance that the company is going to proceed, they should have a simple development agreement which would cost $1,500-2,500. Overall total costs would probably be around $4,000-5,000. Ms. Schnabel stated the HRA's costs would then be $4, 000-5, 000 plus the $27,000 of LGA penalties, for a total of $31,000-32,000. She had a hard time understanding why the HRA should split the special assessments and pay $50,000, when they can create the economic development district and pay $32,000 maximum. She had a hard time being very sympathetic to people who do not thoroughly research the tax situation on a real estate deal. Mr. Casserly stated he had the same question. It was the attorney who was representing the purchaser who, before he allowed his client to sign the purchase agreement, decided to doublecheck. It was one of those things that when they originally started negotiations, these special assessments were not pending. Ms. Schnabel asked about option #1 as listed in Mr. Robertson's memo dated October 29, 1990: The HRA, the buyer, and the seller could split the additional special assessments three ways. Mr. Robertson stated that option was offered to the company, and it was not acceptable. Ms. Schnabel stated she wondered if it is appropriate for the HRA to take discretionary funds to pay for special assessments on property 60 days before a scheduled closing. Mr. Casserly stated the use of discretionary funds for this purpose is completely appropriate because they are furthering their development program and are spending the funds on site related expenses. Mr. Hoeft stated he sensed that Ms. Schnabel is concerned about setting a precedent. That is a valid concern, but he thought it would be unlikely that another buyer and seller would come in with this situation, because of the fact that the assessments were not pending at the time negotiations were begun and were assessed thereafter. This type of situation does not happen very often. Ms. Schnabel stated her point is closing, and there is still time out their differences. that there is still 60 days until for the buyer and seller to work MOTION by Mr. Meyer, seconded by Mr. Prairie, to approve option #2 as outlined in Mr. Robertson's October 29, 1990, memo that the HRA and the private parties could split the assessment half and half. HOUSING & REDEVELOPMENT AIITHORITY MTG.. NOV. 8. 1990 PAGE 6 IIPON A VOICE VOTE, MEYER AND PRAIRIE VOTING l�YE, SCHNABEL VOTING NAY, VICE-CHAIRPERSON BCHNABEL DECLARED THL MOTION CARRIED BY A VOTE OF 2-1. 4. 5. ESTIMATES• a. The Kordiak Company (Rice Plaza b. Talberg Lawn & Landscape (Lake Pointe Maintenance) MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve the estimate for The Kordiak Company in the amount of $260.34 and the final estimate for Talberg Lawn & Landscape in the amount of $6,100.70. IIPON A VOICE VOTE� ALL VOTING AYE, VICE-CHAIRPERBON SCBNABEL DECLARED THE MOTION CARRIED IINANIMOIISLY. CLAIMS• MOTION by Mr. Prairie, seconded by Mr. Meyer, to approve the check register dated November 8, 1990, as submitted. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CBAIRPERSON SCHNABEL DECLARED THE MOTION CARRIED IINANIMOIIBLY. 6. STATUS OF THE CORRECTIVE ACTION AT 57TH PLACE: Mr. Robertson stated that at the October HRA meeting, staff was asked to find out whether the clean-up equipment could be placed in the side yard of a new development project so that redevelopment could proceed without waiting for the completion of the clean-up action which may take several years. Mr. Robertson stated that when he telephoned Art Newby, he was told that Jack Lemley of Ashland Oil was requesting that all calls from the City of Fridley be referred to him. He then contacted Mr. Lemley who said he would have to talk to his attorney before responding. At this time, Mr. Lemley has not yet responded to this request. Mr. Robertson stated this is for the HRA's information. 7. STATUS OF RIGHT-OF-WAY ACQUISITION FOR MISSISSIPPI/ UNIVERSITY INTERSECTION IMPROVEMENTS IN 1991: Mr. Robertson stated the City Council has petitioned the County to complete the intersection improvements in 1991. In order to do that, the City will have to furnish some right-of-way from both Kiffe's Auto and Rice Plaza, both of which the HRA own. However, they do not own the Dairy Queen. HOOSING & REDEVELOPMENT AIITHORITY MTG.. NOV. 8. 1990 PAGE 7 Mr. Robertson stated he contacted the City's appraiser and asked him to prepare an outline of an appraised value so that they can meet with Mr. Fitch of the Dairy Queen and negotiate an agreement. He is following the direction of the City Council for this, and he will bring a progress report and possibly a proposed settlement for HRA action at the next meeting. Mr. Robertson stated that in connection with this, he had mailed to the HRA some supplemental material entitled "Mississippi Street Improvements". Does the HRA and the City Council wish to make a commitment to the pedestrian improvements, the landscaping, and decorative lighting at this time? These are things they had in the long range plan for University Avenue and which the HRA put on hold at a joint meeting with the City Council about 1 1/2 years ago (minutes included in the material). At that time, he believed it was the policy direction that rather than doing the two demonstration sections of the Corridor, they would put those in hold and concentrate on the North Gateway area, with the idea that once they got a project in the North Gateway area, they would complete the public improvements with that. Mr. Robertson stated that 1 1/2 years later, they now have the _ opportunity to do that same thing with Mississippi Street. If the County is going to make the improvements, now is the time to put the NSP lines underground, put in the decorative lighting and pedestrian improvements. He stated he believed this would be consistent with that policy direction made 1 1/2 years ago. Mr. Robertson stated that in this case, however, the City Council has said they want to give the HRA policy direction and they are discussing this at their meeting that same evening. The HRA should be aware that with the cost of all the improvements, it could be about $700,000 for everything. Mr. Robertson stated he had discussed this with Mr. Commers. Mr. Commers had commented that they should definitely put in the underground utilities and probably at least the underground wiring for the decorative lighting. He felt strongly that they should do the pedestrian improvements and move the traffic signals so the whole intersection becomes pedestrian friendly. If they could defer something, he thought it could be the actual plant materials. Mr. Robertson stated that when the City Council discussed this at their November 5, 1990, meeting, their main concern was that with the median extending further back on the west side, it would prevent the frontage road between the Dairy Queen and Kiffe's from having full movement. The Council has asked John Flora to prepare plans for a temporary connection for the frontage road. Mr. Robertson stated that at this meeting, he is asking the HRA to be aware of the costs and then they will have to wait for input HODSING ic REDEVELOPl�i$NT AIITHORITY MTC3.. I�iOV. 8, 1990 PAGE 8 from Council before proceeding. This will be discussed again at the December HRA meeting. Mr. Meyer stated it might be interesting to revisit some of the concepts they discussed in the past. For instance, he would like to review the lighting as a number of things have changed since their last discussion. Ms. Schnabel agreed. She stated she has very strong feelings about some of the lighting. Some of the lighting that has been done in the City is excessive. Mr. Robertson stated Terri Mau, owner of the beauty salon and tanning salon in the Rice Plaza Building, approached him two months ago with an offer. She wanted to trade some of her rent for her future relocation entitlements. Now that Target is no longer interested in the southwest quadrant, she is still interested in moving across to the Fridley Town Square development at the 10,000 Auto Parts site. Mr. Robertson stated Ms. Mau will not be able to move for a year. She has 2- 2 1/2 years outstanding in leases. He did think it would be appropriate to tell Ms. Mau that if she is still in business at that time, the HRA would forgive the rest of the lease. This would save a Fridley business by putting it into a new location. Ms. Mau needs a commitment from the HRA before the end of the month. Of course, if the Fridley Town Square does not go, then this will be moot. Ms. Schnabel stated she did not like the concept of doing that, because she is afraid of it setting a precedent for other businesses in that Rice Plaza building. She would prefer that the HRA not make a commitment. However, if the HRA must make a commitment, she would reluctantly agree to forgive the balance of Ms. Mau's lease to the HRA, if she agrees that when she moves, she will move from Rice Plaza to the Fridley Town Square development project and nowhere else. MOTION by Mr. Prairie, seconded by Mr. Meyer, to forgive the remaining lease to Ms. Mau, with the stipulation that when she moves, she moves to the Fridley Town Square development. IIPON A VOICE VOTE� ALL VOTING AYE� VICB-CHAIRPER80N BCHNABEL DECLARED THE MOTION CARRIED IINANIMODSLY. 8. STATUS OF TARGET AND FRIDLEY TOWN SQUARE PROPOSALS FOR CENTER CITY REDEVELOPMENT: Mr. Robertson stated that on October 19, 1990, Target informed the City that they had decided not to proceed with the projected combined NOC/CPC office space project on the southwest quadrant of 80IISING & R13DEVELOPM$NT AIITHORITY MTQ.. NOV. 8, 1990 PAGE 9 University/Mississippi. Target explained that it was a short range financial consideration in which the corporation wished to make most of its capital investment in new retail facilities while taking advantage of the very favorable office space lease market in the Twin Cities and continue leasing space for the CPC in Brooklyn Center. Mr. Robertson stated that regarding the Fridley Town Square project, Mr. Scott Erickson feels there is a 90� plus probability that the project will proceed as proposed. He has gotten a preliminary commitment on a construction loan from Miller Schroeder within the last couple of days. Mr. Casserly stated Miller Schroeder has given Fridley Town Square Associates an oral commitment, but the partnership has asked for a little larger loan amount. He stated he believed the project has about a 75� chance to proceed. Mr. Casserly stated he will be coming back to another concept for assistance for the Fridle He stated he truly believes that if the HRA project, it will not succeed. 9. OTHER BUSINESS: a. North Gateway Plan the next meeting with y Town Square project. does not assist this Mr. Robertson stated the City Council reviewed the North Gateway scenarios for different housing as an alternative to 57th Place/Winfield Development. The Council has asked staff to explore some ways of enhancing the financing, which would be different from a straight TIF district. Mr. Robertson stated he would like a consultant, Bill Schlatslein, to prepare a proposal for more creative ways to finance that project. He stated he will bring this proposal back to the HRA at their December meeting. b. Tax Increment Revenue Return to the School Districts Mr. Robertson stated that, at the HRA's direction, Paul Hansen and Rick Pribyl have prepared the school TIF turnback proposal. Mr. Hansen stated that at the October meeting, the HRA requested him to come back with some infornaation regarding the tax increment revenue return to the school districts. At the election on November 6, School District #13 was the only school district that passed a referendum. He used the 1990 estimates and added in the portion that applied to the new referendum which is approximately $33,770. So, the total � .. � '. �ODSING i� REDEVELOPMENT AIITHORITY MT(;.. IdOV. 8. 1990 PAGE 10 refund amount for 1991 is $295,569. That is $33,770 more than in 1990. Mr. Pribyl stated this will come back to the HRA for formal action at the December meeting. Because there is the possible windfall to School District #13, he may recommend not returning the $33,770 levy to School District #13, if they participate in half the penalties and interest on the Skywood Mall project. ADJOURNMENT• MOTION by Mr. Prairie, seconded by Mr. Meyer, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Schnabel declared the November 8, 1990, Housing and Redevelopment Authority meeting at 9:15 p.m. Resp ctfully sub itted, yn , Saba Recording Secretary . CITY OF 1�RIDI.$Y 71PPB71L8 COlQIIBBION lLEBTIliG, DECEMBER 4� 1990 wr�.�.��.�. ��r�.�.�r�.��wn.�r��rw.�rr�r�w�r��r1rw�w.w.�w.rw�►w.wr�►w.1r�►wrwwmrw.w��►w�w�►w��rrw��wrww�w..n.�.w. r � • 'y � Chairperson Savaqe called the December 4, 1990, Commission meeting to order at 7:35 p.m.. ROLL CALL• Members Present: Members Absent: Others Present: Diane Savage, Ken Vos, Larry Kuechle Cathy Smith Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant �PPROVAL OF OCTOBER 30 1990 APPEALS COI�II�iISSION MINUTES• OM TION by Mr. Kuechle, seconded by Dr. Vos, to approve the October 30, 1990, Appeals Commission minutes as written. OPON !� VOICE VOTE, 11LL VOTINQ l�YE, CHAIRP8R80N 8l�VAQE DECLARED THE MOTION CARRIED IINANIMOUSLY. CONSIDERATION OF VARIANCE REQUEST. VAR �k90-31. BY HUMBERTO MARTINEZ• 1. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,320 square feet); 2. 3. Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 89 feet; Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 8 feet; 4. Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; 5. 6. Per Section 205.18.03.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet; Per Section 205.18.05.D.(5).(a) of the Fridley City Code, to reduce the parkinq setback from 20 feet to 8 feet; APPEALS COMMISSION ME$TING. DEC$MB$R 4. 1990 _ PAGE 2 To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. (Food Process & Control). MOTION by Dr. Vos, seconded by Mr. Kuechle, to open the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, CBAZRPERBON BAVAGE DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 7:37 P.M. Ms. McPherson stated this property is located at the intersection of 78th Avenue and Beech Street. The property is zoned M-2, Heavy Industrial, as are the surrounding properties. Ms. McPherson stated that located on the property is a two-story single family home which has had several additions to it to create a warehouse and manufacturing space for the Food Process and Control Corporation. To the rear of the main house and storage area is a fenced storage area that the petitioner is requesting variances for in order to enclose that space and to allow the building to encroach within 8 feet of the property line. Ms. McPherson stated that in addition to petitioner has applied for a special use maximum lot coverag.e to increase from 40� to district. Lot Area and Lot Width Variances the variances, the permit to allow the 50� in an industrial Ms. McPherson stated this property has been a parcel of record since 1911 when the Onaway Addition was originally platted. The single family dwelling unit was constructed in 1950 and in 1958 the City adopted over that particular parcel the M-2, Heavy Industrial, zoning classification. This property does not meet the minimum standards for the M-2, Heavy Industrial district, for lot width or lot area; however, to deny these two particular variances would render the property nonbuildable and would therefore constitute a taking by the City. Staff would recommend that the Commission approve the two variances to reduce the lot area and the lot width. Side and Rear Yard Setback Variances Ms. McPherson stated there are several variances regarding side and rear yard setbacks, two of which are created by the expansion. The side yard setback to reduce the side yard from 35 feet to 8 feet on a corner lot is already an existing condition. Staff is recommending the Commission recommend approval of this variance as it is an existing condition and would bring the property into conformance. + �PPE713+8 C01LKI8BIOli 1LEETI�IG. w�w�va�� _ ��ag p714F.� ' Ms. McPherson stated that the oth�r two side yard and rear yard variances occur if the pstitioner is allowed to sxpand the buildinq. The �xpansion brinqs the buildinq to within 8 leet of the lot line at both the r�ar and side (south) proparty lines. Granted, if !he variances ere denfed, the proposed buildinq sxpansion trould not be ae larqe as the petitioner has r�quested; how�v�r, there i� still area tor tbe petitioner to sxpand his buildinq !or additional storaqe space. �or these rsa�on�, staff is recommendinq that the �ppeals Commission recommend denial ot the two variances to r�duce the �side yard and raar yard setbacks to 8 teet. Ms. McPherron �tated the last variance ic to reduce the parking retback from 20 feet to 8 feet. The parkinq area occurs at the front of the buildinq which is like a very larqe many car driveway and which would allow approximately ten cars to park. The parking area is an existing condition; and if it was built under today's code would require a setback of 20 leet lrom the lot line. Staff is recommending that the J►ppeals Commission recommend approval of this variance. Ms. McPherson stated that in addition to the fact that the petitioner has a�scond alternative for the building sxpansion, the parking area is only adequate for the existing use. Should the use chanqe to manufacturinq or office use in the future, the parking area would not be adequate to neet the code requirements for those particular uses. By denyinq the varfances, the Commission can ensure that there is adequate area for additional parkinq, should the petitioner or some future tenant require more parkinq. Ms. McPherson �tated that, in summary, staff recommends that the Appeals Commission recommend approval of the followinq variances to acknowledge axisting conditions on the site: 1. To reduce the ainimum lot area from 1 1/2 acre to 1/3 acre; 2. To reduce the required lot width irom 150 ieet to 89 feet; 3. To reduce the �ide yard setback on a corner lot from 35 feet to 8 leet; 4. To reduce the parkinq 4etback from 20 f�et to 8 feet. These variances are the result of an exigtinq condition and qrantinq them will bring the property into conformance with the M-2, 8eavy Industrial District, requlations. Staff recommends that the l�ppeals Commission recommend denial of the following variances: APP$ALS CO�+SISBION M8$TING, D$CEMB$R 4. 1990 PAGE 4 1. To reduce the side yard setback from 20 feet to 8 feet; 2. To reduce the rear yard setback from 25 feet to 8 feet. Denying the variances would ensure that adequate area remains for storm water detention, adequate separation between uses, and area to provide off-street parking should the primary use of the building change from warehousing to manufacturing and office. Mr. Kuechle asked staff how many parking spaces are required for the building as it exists and how many parking spaces would be required with the proposed expansion. Ms. McPherson stated the existing building is approximately 5,000 sq. ft. of warehouse space; and with the additional space, the petitioner would need 6.9 spaces total. The proposed expansion would require 1.75 spaces. Mr. Kuechle stated 8 feet from the lot line does not give much room for fire access. Dr. Vos stated the expansion as proposed by staff is less than half of that proposed by the petitioner. It is pretty narrow. Mr. Humberto Martinez stated that he has been in business in Fridley since 1980. He is working in the design for food processing plants such as General Mills, Pillsbury, Land 'O Lakes. He has big business competition, and it has been a 10 year struggle. He purchased this building 4 years ago, and he has made repairs and tried to improve the appearance during the last four years. Mr. Martinez stated that people have been stealing materials out of his storage yard, even though it is fenced. At the last inventory check, he had lost $5,000 in 20 foot long pipes. That is the reason he is presenting this plan to expand his building so that he can store his materials inside. He is not planning any other €�t�zre �tan�facturing use ar anyth�ng for this buildinc�. He just needs to get his valuable materials inside. Mr. Martinez stated this is a very old building and does not meet any of the existing codes. The building to the south is built right up to the lot line, and he is asking to build 8 feet from the lot line. There is a parking lot between his building and the building to the south, so there would be 30 feet between the buildings and plenty of room for fire access. Mr. Martinez stated it is not feasible to expand his building as proposed by staff because of the high cost of building. He is proposing an additional 3,000 sq. ft. If the variances are not � 71PPEl�LB CO1dMIBBION l�BTIZi�i. DEC$KH$R 4. 1990 P71QE 5 granted, he would be willfng to neqotiate a reasonable area that would be economically feasible to build. Ms. Savage asked about the concern about storm water run-off. Mr. Martinez stated he is not very familiar with that, but it could be taken care of with the buildinq permit to keep the run-off from qoinq onto other properties. Ms. Dacy etated staff realizes this ie a very Bmall property; however, the addition proposed by the petitioner is almost 50� of the lot. Althouqh the petitioner has Baid he does not need any additional area for parkinq or use the space as warehouse space, he may not be here 5-10 years from now. Staff is concerned that if the property chanqes use, there is a buildinq that is basically too big for the property and a problem has been created. Staff understands that Mr. Martinez needs to expand, but they are just adhering to the principles identified in the Code. OM TION by Dr. Vos, Beconded by Mr. Kuechle, to close the public hearing. IIPON A VOICE VOTE, 11LL VOTING ]1YE, CHAIRPERBON 871V]1GE DECLARED THE MOTION C1�iRRIED ANB THE PIIBLIC HEl1RING CLOSED ]1T 8 s 10 P.M. Mr. Kuechle stated this request is a difficult one. On one hand, he likes to see a business stay in Fridley; yet on the other hand, the water retention and parkinq concerns are not really addressed in any meaningful way. Until there is a plan that takes care of these two problems, he would recommend denial of the side yard and rear yard variances. He would recommend approval of the lot area, lot width, side yard setback on a corner lot, and the parking setback variances--conditions that are existing. Ms. Savage stated she shared some of these same feelings. They certainly want to encourage businesses in Fridley, particularly small businesses, but she is very concerned about Btorm water retention and access for fire-fiqhting equipment. She also would recommend denial of the side and rear yard variances: Dr. Vos stated variances 1, 2, 4, and 6 are already existing conditions. So, essentially, by denyinq variances 3 and 5(side yard and rear yard variances), they are denying the variances for the proposed addition. Reqarding the storm water retention, the property to the south appears to have no retention pond. This is such a small lot compared to the lot to the south with a larger building so he did not know how they could measure the impact of water retention on other properties. If the variances are denied, and the petitioner builds the smaller addition, he did not believe there would be much impact. One possibility for water retention, althouqh not ideal, would be to contain water on the roof. The only place he would see a problem with fire access would be on the APPEALS COMMI88ION ME$TING. D$C$MBER 4, 1990 PAGE 6 west side if that property developed, because there is parking lot abutting the property to the south. He stated he is going to recommend approval of all the variances, as he did not see any major problems. MOTIO by Mr. Kuechle, seconded by Dr. Vos, to recommend to City Council approval of the following variances: 1. Per Section 205.18.03.A of the Fridley City Code, to reduce the required lot area from 1 1/2 acres (65,340 square feet) to 1/3 acre (14,320 square feet); 2. Per Section 205.18.03.B of the Fridley City Code, to reduce the required lot width from 150 feet to 89 feet; 3. Per Section 205.18.03.D.(2).(b) of the Fridley City Code, to reduce the side yard setback on a corner lot from 35 feet to 8 feet; 4. Per Section 205.18.03.D.(5).(a) of the Fridley City Code, to reduce the parking setback from 20 feet to 8 feet, To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPSRSON SAVAGE DECLARED THE MOTION CARRIED IINANIMOIISLY. MOTION by Mr. Kuechle, seconded by Ms. Savage, to recommend to City Council denial of the following variances: 1. Per Section 205.18.03.D.(2) of the Fridley City Code, to reduce the side yard setback from 20 feet to 8 feet; 2. Per Section 205.18.03.D.(3) of the Fridley City Code, to reduce the rear yard setback from 25 feet to 8 feet, To allow the construction of an addition on Lots 1-5, Block 6, Onaway Addition, the same being 7786 Beech Street N.E. IIPON A VOICE VOTE, SAVAGE AND RIIECHLE VOTING AYE, VOS VOTING NAY, CIiAIRPERSON SAVAGE DECLARED THE MOTION CARRIED BY A VOTE OF 2-1. Ms. McPherson stated both the variance request and special use permit request will go to the City Council on January 7, 1991. CONSIDERATION OF 1991 MEETING DATES: MOTION by Dr. Vos, seconded by Mr. Kuechle, to approve the 1991 meeting dates as follows: �pPB�LB COl�MZBBION 1�EETINa. DECEMHER 4. 1990 P�aE 7 January 8 - 8:00 p.m. January 22 February 5 February 19 March 12 March 26 April 2 April 16 � May 14 . May 28 June il June 25 July 9 July 23 Auqust 6 �iuqust 20 September 3 - 8:00 p.m. September 17 October 1 October 15 November 12 November 26 December 10 IIPON !1 VOIC$ VOTE, 71LL VOTZ�Ia 71YE, C8l�IRPERBON 871V]1�iE D$CL�RED THE l[OTION CARRIBD IINANIIdOIIBLY. • � • J� .I�Ia OT by Dr. Vos, Beconded by Mr. Ruechle, to adjourn the meeting. Upon a voice vote, Chairperson Savaqe declared the motion carried and the December 4, 1990, Appeals Commission meetinq adjourned at 8:20 p.m. Respectfully s itted, � �� C� Lyn Saba Recording Secretary � � � ci�nroF FRlDLEY DATE: TO: FROM: SUBJECT: PLANNING DNISION MEMORANDUM December 7, 1990 Planning Commission Members Barbara Dacy, Planning Coordinator Mother-in-Law Apartment Ordinance Update The City Attorney returned from vacation at the beginning of December. 2 have forwarded to him a memo explaining the Planning Commission's action at the November 14, 1990 meeting. I also enclosed the minutes with that correspondence. Mr. Herrick advised me that he will contact me prior to the Commission meeting regarding his results of the research. I will verbally update the Commission at the meeting. No action will be requested at the December meeting other than direction as to the preparation for continuation of the hearing at the January 9, 1991 Planning Commission meeting. At that meeting, I would like to invite all those who testified in the last two months to that hearing regarding an ordinance proposal in order to gain reaction from the public. At that meeting, staff will make a recommendation for the Planning Commission to act on the request and to forward the matter onto the City Council in February, 1991. BD/dn M-90-884 �,,, ....a � � cinroF fRlDLEY DATE: TO: FROM: SUBJECT: Backciround PLANNING DIVISION MEMORANDUM December 7, 1990 Planning Commission Members Barbara Dacy, Planning Coordinator Proposed Adult Use Ordinance As a result of the location of the Fantasy House in the Moore Lake Commons shopping center, the City Council has requested staff to prepare an adult use ordinance and an ordinance which would require licensing of adult uses. Since August 1990, staff has been reading other communities' studies regarding the impact of adult uses on the quality of life, researching other communities' ordinances, and the City Attorney's office has spent a significant amount of time researching the obscenity and pornography statutes. A major part of this analysis included creating required distances between adult uses and residential areas, schools, churches, and park facilities. Proposal At the January 9, 1991 public hearing, we intend to propose an ordinance which would permit adult uses as a special use in the M- 1 and M-2 districts and as a permitted use in the C-2 and C-3 districts subject to specified distance requirements. Our analysis to-date shows that the adult uses would have to be 1,000 feet from each other, 1, 000 feet from churches and schools, 500 feet from residential areas, and 750 feet from parks. At the meeting, we will present a map showing what areas would be permitted to have adult establishments. The proposed ordinance would also amend the licensing section of the City Code by requiring a license to operate an adult establishment. The licensing ordinance would contain a stipulation regarding hours of operation and would also permit the City to investigate personal eligibility and references. Proposed Adult Use Ordinance December 7, 1990 Page 2 Also at the meeting, we would like to distribute copies of the reports from communities around the nation who have studied the effects of adult uses on surrounding neighborhoods. The City Attorney has advised us that case law permits cities to adopt other community studies if they are similar in nature. We have reviewed the Phoenix, Arizona study, the 1987 St. Paul study, the 1984 Indianapolis, Indiana study, and the 1978 St. Paul study. Of those, we did not include the 1978 St. Paul study. I have enclosed the memorandum from the Attorney's office for the City of Anoka which recently enacted ordinances regarding the same issue. You may also have seen the article in the Star Tribune regarding the City of Ramsey's ordinance. You will note that in the attachments that Anoka adopted a series of findings concerning the location of adult uses. The City of Fridley will utilize a similar format in adopting an adult use ordinance. This is for information only at this time; no formal action is required. BD/dn M-90-885 � .. OCT 23 '90 1�� JElySEN HICKEN GEDDE SCOTT._P.A. nocx,:nwwrcD n.,�A. osDna, 7lioxws w. HiCKYN, JlPD1tYY !. ttowwxn, soasaz w. JiNSEN, DAV1D L. MAT[K8. r�UL i. scOtT, )4lCHnEL J. rENSEN, HICKEN, GEDDE Fd SC�TT, P. A. ATIORN$YS ANA COUNSELORS AT LAW Sp0 AAfQ1u O�P1C! CFNTBA 2150 THIYD AVfiNU� wNOxA. MINNESOTA 533CJ-2298 TELBTI[ONY (el2) 421-4L10 TaueconeR (e�s) -,s�-�o�o �'ACSII�iILE TRANBMITTAL PLEASE DELIVER THE FOLIAWING TO: �l . • � �1 � _1. P.1i1b or courtsct �IADLLY, CHAALES S. 1.V7HEIt, 1t1CHnRD L. FAX NtJMaER OF RECIPIENT: � � j ' ��'� �� FROM: �I �yV1 �,� ��,�,Q � � NUMBER OF PAG�S: 1(D includinq this transmittal page. , DATE: �v �7i� — � � TXME: �� . � J DESCRIPTION OF CONTENTS : �Z� Y�: �'l, trv� d 1r'� ; �, r c., �n' c.�-, o r.i a� �,� �s.t�-�.. � 1��.2 S Trans�nittinq m�chine: Riooh FAX 1�OOL Teleaopier No:: (612) 421-1040 Thank you. .� 0 1 � � � �,OCT 23 '90 �1�� JENSEN HICKEN GEDDE SCOTT._P.A. t socY, aa�vw�w w., )a. O[DDB. TNOMAS A. HiCiLN. Je�r�ueY r. HONVwYD� xOUrxT w. JlN�LN, 7)AViD L. �u►Ti�[E. lAUL !. SCOTi, MICHwEL J. .: '` . TO: FROM: � DATE: RE: JENSEN, HICKEN, GEDDE t3 SC4TT, P. A. AITORNEY3 AND COUNSHLORS A? LAW JOO wN�Yw OFFICH CYNTRR 2130 7i11RD AVFNU! ANOU, lt1NNE30TA SSJOJ-2298 ' . : ?YLLTHONt (611) 431 •4110 .. „ YER.ECOPlER (612) 421-l04Q . . , . MEMOR�NDIIM Anaka City Council Paul E. Hattke October 12, 1990 Restriotion aP Adult vses P.2iib � 9.3 os couHSSL HADLEY, CW►it2.ES S. HOWSE, O. C1twIG �The proposed�Firtdings by the �ity,Councii regarding location oP adult uses within the Ci�y'.are based upon materials which summarize s�udies �oltduated in other cities arou�d the stata and country concerning the intpacts o� those t1se� upon their commun7.t�es. Those materials,were provided to us.by.the Leaque of Min»esota Citiea and are availsble for yeur review, if you wish, in Melinda.Cole�aaan�s o�Yice. �The U.S. Supreme Court and other courts haye�upheld zoning ordinances which either concentr�te o� disperse adult uses,' based on similar fi.ndinqs. It is quite clear from the � decisions that it is impermissible to zone such usev out of existence. ConcEntration of them mfght be desirable from a policing standpoint, whereas disperbal �aay be desirable to preclude development of a"'seedy" srea of town. The Pla»ni�g � 'Commission has recommended an overlay zor►e in a portion of the undeveloped M-1 zon@. One advantage of art overlay zone, as opposed to pure dispersal, is that its' boundaries would not chaage as businesser come and qar thus, a businessman could rely upon the loeation ef his business outside of such a zone. The reaommended zone was identiPied after locating the sensitive uses mentioned in tha proposed l�.ndinqs and then lookinq �or a lecation isolated rrora those uses. The proposed adult uses 0 OCT 23 '9t� 10�01 JEN�N HICKEN GEDDE SCOTT,_P.A. Page 2 October 12, 1994 . P.;�16 zoning ordinar►ae Creates a very straightfoz�tard overlay zone as reconu�nended by the P].anninq Comzai�sion. Minn�sota Statutes, Sections 6I7�.291 �hrOUgh 6�7.299 criminalize the diaplay or distribution of sexually explicit materials to m�.nors. This results in adult bookstores being off limits to minors and mainstream bookstores and vidco establishments having restricted areas 3� they carry sexually exp2icit materials. Therefore, the adult use definition � includes reP�:rence to estab].ishments which exclude minors. IThis trould target those establishments whicA are exclusively .��adult oriented but would permit 7aainstream establishments to ,�� ,aarry sexually explicit materials and �.xnte outside of the �ladult uses xone pravided that their display and distribution Ior those materiala complies with state law. t Under the zoning ordinance, adult uses.would rec�uire conditional use permits wh�ch would allow�the City to reasonably oontrol the appearal'tice oP any such establishments so that they do not appear "�Se�dy�. • The proposed licensinq�ordinance �aorks in tandem with the � zoning ordinance a�d pravides for xnvestigation of the proprietors of adult use establishments. The Planning Commission reaommends that the counci]. adopt a substantial license fee for adult uses because of the ant�.c�pated high cost of polici�q such busirtESSes. . If zoning setting at the PEM/sjk � the council favors this approach, the �aotio ordinance should also adopt the fi»dings. A license and license application fees should same time as the ordinance. �a n on the resolution be adopted , � .;,,,.••^^""'�. OCT 23 '9� 1� Fi? JENSEN HICKEN GEDDE SCOTT, _P. A. P.4i16 , . . .i""� ^ �' '" � , �: �. � ,�-;�: � � � ♦ �' �. b ^ A �;•' ""�' ..�-,}- � � �• • � ' �� :.:. � :;':�. �::;; . � — � '•' •• y �..: � � ::, � �� ..::�:, ::;':.::�::,: '�� ..ti � � , .. ... .rr:~��a'i::{:1 � ry • :•! \ .!4:.....''�:':J':: �:�:•.• � . ... �' �y.�. ' �'! � �f��i.�.i. . • '. i�f��.•.��r• . ^(�� . .., �' ��:., �::.1� � `: � :.�!.L =1'�''�,��j �� YJ �{%,i�'�•�•�" r' •::'�'�'>•::i:...}:'.•i.-.:: � '�:: ..,:;•;1 1 � � ' iJ :: �>:�;:;:': . •: ".t:. • � .`, f'� �..c,'''',y...,,�'..:','.''',:'�.�'',.`''. :.;..:...: :..:., , �� w.�� 1: .' .�7.? �';t:cx'r.c : C�[:''.c'.•, : f 1 <:�`��s:� ;:�::�: :?ti.::; : '� • .......:.:::::t.:� � •� � ::�::;,.:•::.:: ;.;:,:.:;:> :::::::::::::r;'i;i::;;;::::: ` _ , . . � '�'�,� .�+.= •''''v%� .�� . '.• _. -..-::; �'� �'i 1::;:;' :::::::::::: :;::::::�;� —. •� (t :;I � � . ::� ( < � .`:, j� o= . ::� — 1' •.•�•�5:�,••�?'�',•,•�,•��•�'�'`•'•,/ 2 �A :.. • ::v.. _ I:•:�:j�?:5i;?:.tt:j:?:�>:�� y —�i'1 � 1 l . .., ( y �' 7 `.��:��%;:;;::;;"�i � � � r �::�.� :.� •::;•;;<�;.,•..:� I � � -� a . • • ;�-1 L:rr>:;:'::'•j � r z . :•` � � I � ��'• '•T'" j/ ' G .,�, '::';;:::>::::'�1 � , r .� ;"'. , • � � . ( A � � � ��,� • I � , � � � i: �i h i� � . s � '�• . • � �' � t.,u�y�o� �v[ •5 ~ � •... v �r ' d�� •�. . � • . / � � 1• y �� . �; I i � � . Tep-.-, � i� I � � , . . . � � � ' �� • � . . . A-.�� 'II , .''• . . .. < �i.► • •�, � '. ,. ... , � ; :+.: � .'1 ' .. . . , _: ,�� _ .n � ' . • . . � � '�. (" r� ' ; - • . ' • •.�. _. J • �: . � �' I ��' I j ` / • � • ` _ : �,,yc� �/ , - '1 ./ . �,� y . � 2 � +� � � ' - ' � . � , �� '+ , � �I .� • " � . . � � .: � �s ' s ,. � . , . • , : � � �� . ` • • ., •� . , • �---�+': ' s j . ..-•. t � � � �^ , � y r-� . • � �,—._._.. _ < �' � ,_ ..�_� • • � • • � t ,, '` n �. .' _ .� � , x� , . { it -. � N I . � ;� /s .• � � � _ ' ' � . � ! ; ��—" •+ ., .� �� ' i • I • ' � . � , ♦ �ti.. _ �' � OCT 23 '9l� 1�s03 JENSEN HICKEN GEDDE SCOTT,_P.A. CITY OF ANOKA ORDINANCE NO. 90- ORDINANCE RESTRICTING ADULT USES TO'A SPECIAL 20NE THE COUNCIL OF 7'1�iE CI'�'Y OF ANOKA ORDAINS : P.Siib SECTION 2. Chapter 36 0� �he Code of the City of Anoka is hersby amended by adding Art�cle XIX to xaad as follows: ARTICI.E XIX. � ADULT USES �ubdivision �. Intent. This article est�blishes an Adult Uses District whioh overlies a portion of the M-1 Distrfct. All provi�ione of Article XI� oP this code apply to all usea within the Adult Use D�strict. Subdivision 2�, Permittec� an� �,Q��,j,onal vses. All uses permitt�ed i» the M-1 Diatrict may be conducted in the Adult Uses District. Adult uses may be conduct�d i.n the Adult Uses Distriat upon obtaining a conditional use p rrait and meeting any othe� requirenaents iYaposed by law. App lcatian for a conditional use pes-�ait to operate an adult se sha�.�, be made as provided in Section 36-17 of this aode. In addition to the conditions contained therein, the followinq conditions shall be mat: � (A) All entrances to the buildinq or buil 'ngs, t�ith the possible aYCeption of emexgency Pire its which are not usable by patrons to en�er the build.i g, shall be visible �rom a publio right-ot-�,►ay. �. ��' � �� • J OCT 23 '9a 10�03 JENSEN HICKEN GEDDE SCOTT,�.A. � P.6i16 (H) The layout of display areas shall be desiqned so that the ma»agement of the establishtaent and/or law enforcement personnel can obsexve all patxons while they have access too any merchandise offered xor sale or review including, but.not limited to, books, maga�ines, photographs, video tapes or other.motion pictures. . (D) Illumination oi' the premises exterior 6hall be adequate to 4bserve the location and activities�of al.l persons on the exterior premises. . (C) The premises shall not be.open for business between the � hours of 10:00 p.m. and 8:00 a.m. .. .� �- .�- (A) "Adult UsesN include the �cllowing: 1. Adult Bookstore. An establishment havinq books, maga�ines, a»d other periodicaXs as ita stock in tr.ade,. wh�ch excludes minor� �rom the premises, or vhich_stock in trade ia distinquished or character�.zed by-�its emphasis an laatter depicting, describi.ng, or relating to sexual conduct, as defi»ed i.n Minnesota � Statutes, Section 617.2�11. Subd. 1.(b). 2. Adult Motion Picture Theater. An enclosed building or portion thereof or open air or projection Pacility engaqed in the business presentinq film, video �ape os other similar motion pictures, which excludes minors rrom premises, or which is dist3nguished or characteri.zed by ' its emphasis on matter depicting, describing, or relatinq to sexual conduct as defined in Minnesota Statutes, Section 6],7.241. Subd. 1.(b). of the 3. Adu�.t Cabaret. A cabaret which features go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers. 4. •Escort Service or Model Service or Dancing Serv�.ce or Hostess Service. Any person, establishraent or busineas advertisinq, oflering, seliir►q, trading, or barterinq the services of itself, its employees or aqents as hostesses, models, dancers, escorts, dates or aompanions, whether or not goods or services are simultaneously advertised, offersd, sold, �•, ' OCT 23 '90 10�04 JENSEN HICKEN GEDDE SCOTT,_P.A. P.7i16 traded or bartered and reqardless o� whatber sa�d goods or serviaes are also required to lae licensed. � 5. Any other use which, in the reasonabls judgment � of the counail, features entertainmant, goode and/or sexvices aimed exclusively�at adults by reason oP its emphasis on matter depicti�g, describinq, or relating to �exual conduct,�as � defined�•in Minnesota statut�s,�sect6ion� 617.241. Subd. l.(b). •� � (B) �The adult use zone�is the.area described as follaw�: The S 1/2 ot the NE 1/4 af Section 35, Township 32, Range • 25 and the SW 1/4 of the NW 1/4 or Section 36, Township 32, Range 25, Anoka County, Miruiesata. SECTION 2. . ORDINANCE N0. 90-889, EMERGENCY INT�RIM ORDINANCE PROHIBITING THE LOCATION�OF ADULT USES WZTHIN THE CITY OF ANOKA FOR A PERIOD OF ONE YEAR,�is repealed upon the effective date of thia ardinance.�� - - ' • SECTYON 3. EFFECTIVE pATE This ordir►a»ce sball become e�iectivs upon passaqe on publication. •� � � Introduced: • "' � Mayor � Adopted: � � Published and Effective: 3 C ty Clerk � OCT 23 '9� 10�E14 JENSEN HICKEN GEDDE SCOTT,_P.A. P.8i16 pIDTDI�tGB OP T8E CITY COQriCIL CONCER�tI2dG THE LOC]11'IODi OF ADOLT UBEB WZTHI2i THg ' czTY op �oxy► . Haviriq considered the reports of the City of Anoka Planning StaPf, the Plar�ning comsission Public Hearf.ng and its deliberation, the policies of_ the State oY Minnasota as expressed in Minnesota Statutes 67.7.291�through�617.299, the experience of the adjacent City of Ramsey in its attempts to regulate adult u�es,� the regulation of such uses elsewhere in the State of Min»esota and the vnfted States, the interests of the loCal community as expressed by the constituents of the City of A�'soka to the Comtaissioners, the Council oP the:City of Anoka:make� the folloWing findings: 1. As expressed in Mfnnesota Statutes 617.291, it is the declared policy of this state to preve»t commercial exposure of minors to sexually provocative written, photographic, printed, sound or published materiais as defined-�herein �►hich are de�ued harntful to minors. �l �� 2. Adult entertainment uses have an impact on the neighborhoods�surroundinq them Which is distir►ct form:the impact�sused by other com�aercial uses. .�3. Residential neighborhoods 2acated withfn close proX mity to adult theaters, bookstores and other adult entertainment uses, experience increased crime rates (sex- rel.a�ed crimes in partieular)•, lowerec� property values, increased transiency, and decreased stability o� ownership. .�. ' . � 1 ' OCT 23 '90 10�05 JEN�:,EN HICKEN GEDDE SCOTT,�'.A. P.9i16 4. The adv�r6e i�apacts which an adult entertainment use has on surrounding areas dimi»ish as the distance from tha adult en�ertainpaent use increases. 5. Studies of ather Gities have shown that among the crimes which tend to ir►crease either within or in the near vicinity��of ad�lt entertair�ment uses are rapes, prostitution, child molestation, indecent exposure, and other lewd and lascivious behavior. The City of �hoenix Study coniiMaed that the sex crime rate was on an average six times higher in areas with at lea$t one adult entertainment use as it w�►s within comparable areas of theiz city without such adult uses. 6. Studies oi other c�tties have shown that the values of�both�commeraial and residential properties either are ,. . diminished or fail to appreaiate at the rate ot other comparabie propertieg when located in prox�.mity to adult entertainment uses. � 7. The adverse impact of adult uses on commercial areas i� increased by the presenae oP more than one adult entertaitunent use in clo6e proximity to another such"use. 8. The nwnber and rate of real estate listings increases in areas in which aduit entertainment�uses are lxated. 9. The Indianapoli�c study establi6hed that prolessional real e:tats appraisers bel�eve that an adult bookstore wauld have a negative e!lect on the value of both 2 . � . _, cx.:l G'� '� 10� 06 JEJ�ISEfV HICKEN GEDDE SCOTT, _P. A. P.lOilb residentia� and commercial properties within a ore to threa biock area oP the store. 10. Ma�y members of the public perceive are�s,taithin �hich adult entertai�aent uses are located as less safe than other a=eas whieh do not have such uses. 11. Ths citiea whase adult entertainme»t use reports have baen considered in.these proceeding, have commerciai development pattel�ns and other commercial neighborhood characteristics analogous to thase Pound in Anoka. 12. Tha impacts which aduZt entertainment uses have on surrounding areas ahould be addressed through a distinct set oP land use requlations directed speCifically at such adult entertainment uses. 13. Adult entertainment land uses should »ot be located in close,proximity to buildings or Paoilities where ehildren are the dominant clientele or patrons of the service, product, or facility usage affered by suoh building Qr facility. 14. The existing land usa requlations.of�the City inadequately address the uniqua impacts which.adult entertain�oaent usea have on surrounding neighborhoods and fail to adequately loster the community qoals declared in the comprehensive plan and i.n state �aw. � 15. Adult entertainment uses should be located in areas.o! the C�ty which are »ot in close prcximity to res�dent�al areas,.churches, parks, and schools. 3 � OCT 23 '90 10�06 JENSEN HICKEN GEDDE SCOTT,_P.A. P.11i16 i6. Reqardless oE whether Jr to what extent adult entertairuae»t uses have currently had a� adverse impact on `; the are�s surrounding them ir► this City, the experience of other cities, as docuntented i� the numerou� studies considered, confirms�that regulation ot adult entertainment uses is essential� to�preven� �uture deterioration cf surround3.nq neiqhborhoods and advers3 social impacts assoaiated with such uses. � �, 1�.� The concerns which have prompted publio hearings in this City are similar to the concerns which motivated the communities oP Indianapolis, Indiana; St. Paul, Minnesotr�; ^Rochester, Mitlnesota; Ramsey, Minnesota; Phoenix, Arizona; and Seattle, Washington to undertake their atudies of adult � entertainment uses; consequently, the results oP those studies are relevant to the exist�.nq or foreseeabie impacts which such uses can have on the ar�as surroundinq them �.n ' this city. 18. The concentration of adu�t uses in oommercial areas or the location�of adult entertairu�tent uses in close proximity to res�dentfal uses, churches, parks ahd schools will resul� i.n deva�,uafi�en o� property values and decreases in commercial bu$in��s�sales, thereby reducing tax revenues to the City and adversely i�apacting the economio weil-being of the citizens of this city. 19. Loaation oP adult entertainment uses in proximity to residential uses, ohurches, parks, schools, and bars 4 0 e 0 �x, t e� '� le� iaY J-�' HICKEN GEDDE SCOTT. J'. A. P.12i16 very likely would �ead to increased levels of criminal activities, includir►q prostituticn, rape, assaults, and other sex-related crimes in the vicir.ity ot such adult antertainment uses. 20. Requlation o� adult entertainment uses is essential to ensure that family values and youth values in the oommunity are protected and provided a physical enviror�ment in which to develop in a heaithy and wholesome manner. pASSED AND ADOPTED SY THE COUNCIL OF THE CITY OF AN4KA, THIS DAY oI�' OCTOBER, 1990. Mayor C ty Clerk � �, 5 .00T 23 '90 10�08 JENSEN HICKEN GEDDE SCOTT,�.A. CITY oF At�roica, r ' ,,ti • ' ORDINANCE NO. 90 �,_ .�. AN ORDINANCE R�QUIRING LICENSURE ''` pF ADULT USE BUSINESSES � THE COUNCIL OF THE CITY OF ANOKA ORAAINS:- �- � SECTION 1. Chapter 17, Article VI of the code of the City of Anoka is amendad as follows: P.13i16 9.4 � 3.. Ths title of l�rticle VI shall read as follows: SAUNAS, MASSAGE ESTABLISiiI�t�NTS, PUBLYC BATHS� AND ADULT USEB.• . • 2. � The following definition shall be added to Section 17-30: • � : ... . . . . G. "Adult Use�� as used'in this chapter shall have the definition given in Articic XIX, Subd.�3(A)�of this code. � 3. Secfiion 17-31 shall read as follovs: ,��n 1z�3�. License Recruirecl. �. susi�ess license. �No person, partnership, or corpoxation �hall enqage�or carry on a bus�ness, a principal part of which i.s a massage establishment, publia ste�a bath, sauna, public heat bathing room, or adult use without a•license 3ssued by the City CounaiX o� the City of Anoka for each and every separate ofiice or place oP bttsi»ess operated by such person in the City of A�oka. ��he � �ee for such.license shall be determi»ed by counC�2 resolution. .' ' - � 4. The main paraqraph oP Section 17-32. A. shall be amended to read as �ollows: �� ' ' � OCT 23 '9k� 10�08 JENSEN HICKEN GEDDE SCOTT.�.A. A. Business lioense applioation. Every appliaant for a license required by this chapter shall file an applicatiott under oath with the City ct Anoka upon a form provided by Lhe offiCe oE the city clerk and pay an xpplicat�.on fee in the amount ' determined by Council resolution. No applicaticn tee shall be reZunded. The application, once accepted, shall be re�e�:red to the Anoka Police Depaxtment Por ihvestigation. Copies oP this appl�cation shall be �orwarded to such other ci departments as the �ity Council shal.l deem ne sLary ror verificatio� and investigation ox th s set fox'th in the applicatioh. The chief o� olic and suah other department heads shall make a wr en recommendation to the City council as to the issuance or nonissuance o! the license withln 30 days. The City Cauncil may order and conduct such additional investiqation as �.t deems necessary: Each application shall contain the ioilowing . information: 4. Section 17-32. A. 2. h. shall read as �ollows: h. � The sauna, massaqe, public steam.bath, public heat bathir►g room, adult use, or similar business history and experience�of the-appll�ant, and including but not limited to whether or not such applicant in previously operating in this or another city or state.under 1lcense oz permit has had such license or permit denied, revoked or suspended and the reason therefor. 5. Section 17-33. A. 6. shall read as follows: 6. Licenses may be granted only Por locations �h tha gsneral commercial distric*r� of the City or, in the case of adult uses,.in the adult use district, and �such a license will be� denf�d it� the grantiriq of the�license wauld be inconsistent.with the comprehensive plans o� the City or would..- otherwise have a de�rimental efYect upon the ., property or properties in the vicin�ty. 6. Sectien 17-34. shall read as•follows: _ •� ... . . ._� . _.. . The City Counail shall act to arprove or deny an application for a liaQ»�o or pe�rwit undez this ordinance within a reasonable period of time and i.n no event shall the City of Anoka act to approve or deny said license or �� P.14i16 • OCT 23 '90 1��09 JENSEN HICKEtV GEDDE SCOTT.�'.A. � permit later than 120 daya from the date that said � application was accep�ed by the city clerk. �ery .; lice�se� or permit issued pursuant to this ordirta�ce will terminate at the axpiration of one year from the date of ' its issuance unless renewed, sooner suspended or revoked. .. .�� 7. Section 17-35. A. 3. shall read as follows: � .. � 3. The licensee shall furnish the city cierk �� n list oP current employe�s indicatfnq their names, � .•. ��. addresses and wbiah employees, if any, are � � practicing massaqe ae a part of thei.r dutiee. 2he •; licensee shall px'omptly.notify the city clerk of any • : :ohange in the list. .• •SECTION 2. This ordinance ehal]. be effective upon � � passaqe and publication. . � . ,. : _.� �:' � .� Intraduced: Adopted: Published and Effective: �. 3 Mayor � C ty Clerk . P.lSi16 � J�BORTIQN; _08SCENITY: :HOUSES�OF.lY.1rFAM� . . . § 6�7.2�1, : . . . , .. �• e:poawe," evsn chough o�ly oae othapeaon is � teasop to }nppoce. vne's,.ctions,,wi�! offeod, tha ';. 4�.� N w?.�d � ot Weliars of C.S.K.,�Itpp.�,�88; `.'.Kj�i'b+litie�: or'ot}ierr.':. l�at,fer. ot;.R►elti» :ot � t: , . . C.8•�C.:�!\Pp.19 � N,. .Ed, 99 . , . , ;.•. : •,. . : ., . , � . . " ••:�" .. . .,� �:: f..`�, � ., .'� .ti �' � : '�,� :'ii�t � 6. Placs'ot ezpwuse ... „ . :•: . • .:- . �'' : , . . . r• •: r.•, .- , , -. ::� ,;, s•, ,c . lAdICSAt �xp01LLt0 �1W jliO��ILi OL� i�Wii ' .:: • • .. • 'Y•..� "'v. .. ,;•,•,• . f. q[�OOUCCi OCCUlT1n� 1A �i W}1�h �Ot� i►+: , .�i.•. , , . ..... r-:•... • � . . • . • .. . , _ , . . . . :� . . . i� 617.�¢l. Ob�eene materiati 'snd' 'perfosnissiees;� � dlatribiitiori�"and.'exlilbfUon prohiblt�; . t: . .: �� t�::. . . . . _ , . �.. . • • r:t..tY.+.:•:'!. . ::r . . • ' i�rj I. •.. . .- �.' :�� 6t. •'. �� ..� •$uddlvVfoa 1. :De,ii�itions. �or purposea oi�ihii tecpon;.the ioUowin� teriva }wve the, ;. � msaninYs �iven them.: . . .. ; t • . . , : . . - �:•. . :: �: ' , ., ; • (o) "Obscene" m�a that tho work, taken as i�whole,;appeals interest�in . se�c aad depicta or d�senbea in s p�►ttniJy• offerisive nuuuier ��- coadu �id �w}�ich,: • ta3cen' aa , whole� dces not hsve aerwua litesr►ry. artistic� politi � or ac�tlntifx value. Ia � order to determine tbat s worlc is obscene��th.e ttier o� fact muat isnd: � (� Lhat the average peraop, �ipplyiag cootemporuy eommunity standarda �would find� . that thu work, taken sa a whole, appealt to the pnuient,intereat ia aex; .:' • • ' ' (iQ thst the work depJets sexual aonduct specilieaUy deiined by clause (b),Iu a patently ; offecsive �►anner; , and. - . ._ . . . . < �. ' � . . . . . i (iu� that the work, taken�as s wbok, lacics aerioua 1l�erar,y; sutistic; political. or scienpfic `� vslu�. � .. ~ ...• ' • . .; : , . . • � . . . , . .. . . . F (b) " Sexnal oonduct" meaas aay,ot the following: • � . . . . • _ : , • = ? , , .. _, .. ; : €u) M act oi �exual u�tercouise,.nonti�l or perverted.. sctu�l or simul';4ed„ ineluding � • geuit�I-eenitsl� anal-geaital� or oral-�eniW iaterooursa..whether between huinan.beingu or ! between a �umsn beine and xs► au�mal: . . ;:" f (iij Sadomasochisdc abuse�� meanlog flsgtUstion or iorture by. or upon s psr�oa who�is � nude or clad tu un'derYxrments- or in a�sexually r+�vexling, costume+ or the� ooisdikion'of � baing fetterdd, bound. or otherwise pbyslc�tlly resbicted on the part yt oAS`so clothed or who a nude. . . � • • • : . , . . . . • .. . . ' (iu) Mssturbation, excretory'iu�ction�, o� lewd ex}ubitioni of �the �eniEals includiAg iriy explieit� closaup�sepr+�sentatioa of 4 hu.maA genital oresa.• .. .. . .•. (iv) Physical cont$et�or'simulsted�phj!sical ooatact witb tbe �lothed;or;uncloihed.pubic areas or buttoc;cs of s huinan mals or female� or tli� brers4 ei ttie temale, whether �abne or between memben ot the same pi oppomite sex or betweeA hum�►ns urid� animab iA'in • acL ot sppu+cnt �xiul stimulation or gra4f'�cation.' . • �• ` . :�: .'' �. � .!:.'' �.,,.-� f; '(c), "Community,� mesris the �politia� su�divisan from'which per=ons �piopeily qualified ; to w�+►e as juiors a; A criri►insl yro�eedia� ars �hogets:-• . ,:. ..:. .:"`...:- .':` ; ��• • . .. :�-•s _ �,;..J •_; ._ c_ '' . (c� "Work" Aieaiu "material" or;"perio�.�• , . . , , :,. . �' �(e) ••Moce:isP' mesiu a book, uu►�aziae, P�P��. P�Per, �!riting; cud. adve4�tisemeut, cireulu� priot�� picture, Photo�raPh. motio�t pktuso film, videotspe�. 6GriDt,, image,. inatru- � ' ment, sts.tue� drAwing., or oth�r.articl�., . ' .' . . �(� "Pedormsnce" . means a pL�. motiop pietur�� dana, or other e�chibition performed � befor� an aadieACe.. . ,� . . , .. .. .. . . .; . ... . ;: ; : : . � • 3uqd.•Z ��Ime. It a unlswfu! for a person. koowin� or with re�aon'to kriow,'its oontent and thi►rsCt�Cr. t0: . , : , . , , ' , .. : : . • . . '�'(�) exhiDik's�U� print� qttes to sell, �e'iway, circplst�. publiah, distribute or ajtempt Lo distn'�ute any obacene mat�rial; or • •;, ' ; . • • . , , : . : `'= ` -'•; : • �� N).P��. P►�tsent�• p�ttS�ipstt in; or dir�ect' DaH '�• o�iq' .�•: :;: -... __.. .sn.�o Ai peil� aace.-:'..,�, � ��::.. :, i' . '. � i � �:�' Subd,�8: P�nslty: A yer�on.vio4tia� suDdivisioA.2'i�;�uilty.�oi i'�i�oas tnisd�meanor� ind may be.sentence�l td,impriwiu�dept �oi not;more thsn on� yru'�',or. to'�paymgnt�:of.;a, fins�ot not inoi�e tf�an i9.000� or. Doth;� � .�: ,�•; . . . . . . : ; . .:�� . , �, ; . 153 . . ' :r . .K .. �� ... :f :� . � .� � �