PL 06/29/1994 - 6935�
PLANNING CONIIRI88ION MEETING
WEDNESDAY, JIINL 29� 1994
7:30 P.M.
PUBLIC COPY
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' City of Fridley
AG�ENDA
PLANNING COMMISSION MEETING WEDNESDAY, JUNE 29, 1994 7:30 P.M.
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LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER•
ROLL CALL•
APPROVE PLANNING COMMISSION MINUTES: June 1, 1994
PUBLIC HEARING: CONSIDERATION OF�A PRELIMINARY PLAT REOUEST,
P.S. #94-05, BY KEITH EIBENSTEINER FOR BILTMORE CONSTRUCTION OF
NEW BRIGHTON. INC:: � � �
To subdivide� �part of Lot 1, Blobk l, .G�ace Hig� Schoo]. Addition
into�nine new single family..lots, general.ly located in the ...
�.southeast corner of the Totino.-Grace HigYi School pzoperty_at 1350
Gardena Avenue N.E. � �
GONSzDERATION OF A LOT SPLIT, L.S. #94-01, BY CHARLES WESTLING:
To split Lots �6 - 16, Block 12-, Hamilton's 1�ddition to �
Mechanicsville into two separate lots, generally located at�5400
- 4th Street N.�E. The l�gal descriptions for the two lots are as
follows: �
Tract A: Lots 6, 7, 8, 9, 10, il, 12, and 13, Block
12, Hamilton's Addition to Mechanicsville, Anoka
County, Minnesota, except that part lying westerly of
the east right-of-way line of State Trunk Highway No.
47 (University Avenue N.E.)
Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition
to Mechanicsville, Anoka County, Minnesota, together with
that part of vacated 54th Avenue N.E. and the vacated alley
accruing, except that part lying westerly of the east right-
of-way line of State Trunk Highway No. 47 (University Avenue
N.E.)
CDBG FUNDING RECOMMENDATION FROM THE HUMAN RESOURCES COMMIS5ION
RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY AND ENERGY
COMMISSION MEETING OF MAY 17. 1994
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 24.
1994
RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 7.
1994
OTHER BUSINESS•
ADJOURNMENT
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CITY OF FRIDLEY
PLANNING COMMI33ION MEETING, JIINE 1, 1994
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CALL TO ORDER•
Chairperson Newman called the June l, 1994, Planning Commission
meeting to order at 7:30 �.m.
ROLL CALL•
Members Present: Dave Newman, Dave Kondrick, Dean Saba,
Brad Sielaff, Diane 5avage
Members Absent: Connie Modig, LeRoy Oquist
Others Present: Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Gordon Hedlund, 1255 Pike Lake Road,
New Brighton
Richard Larsen, Amoco Oil
Mr. & Mrs. M. E. Thompson, 6212 Hillside Road,
Edina
^ Darlene Brady, 641.Buffalo Street N.E.
Clark Nason, 614 Cheryl Street N.E.
Frank Shimek, 7901 Riverview Terrace
Dwight & Karen Just, 661 Cheryl Street N.E.
Ronald Swanson, 7921 Riverview Terrace
Tim Lott, 2149 Sheridan Hills Road
Wayzata
Renee McCoy, 581 Buffalo Street N.E.
Monte & Michelle Maher, 7965 Riverview Terrace
APPROVAL OF MAY 18 1994. PLANNING COMMISSION MINUTES:
MOTION by Mr. Saba, seconded by Mr. Sielaff, to approve the May
18, 1994, Planning Commission minutes as written.
Mr. Sielaff stated that on page 30, second paragraph, he would like
to change the first sentence to read: "Mr. Sielaff stated he also
agreed the density and traffic issues are a wash whether it is
existing zoninct or proposed zoninct.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPER30N NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY AND THE MINOTES APPROVED AS AMENDED.
MOTION by Mr. Kondrick, seconded by Ms. Savage, to remove special
use permit requests, SP #94-03, SP #94-04, and SP #94-05 from the
table.
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PLANNING_COMMI83ION MEETING. JIINE l, 1994 PAGE 2
IIPOId A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Mr. Newman stated that public hearings on all three of these
special use permit requests were held at the May 4, 1994, Planning
Commission meeting. That record and the infornaation that was
presented at that meeting will be included in the packet that goes
to the City Council. Even though the public hearings were closed,
he stated he would still allow public input on these items but
asked those in the audience to limit their comments to new
information that was not raised at the last Commission meeting.
Ms. McPherson�stated that prior to staff making a presentation for
each individual application, she would like to talk in general
about some issues that were raised by the neighbors at the May 4th
Planning Commission meeting.
Ms. McPherson stated one of the issues was whether or not the
Commission had the authority to limit the height of the proposed
structures on these residential lots. This question was asked of
the City Attorney. The City Attorney's response was that the City
would need to receive testimony on a case-by-case basis regarding
the devaluation of the adjacent properties by the construction of
dwellings that would be substantially higher than the existing
dwellings. The City Attorney said that the Planning Commission and
City Co.uncil should bear in mind that there are many instances in
the City where there are two story structures adj acent to one. story
structures. This is true in the Riverview Heights.neighborhood.
The City Attorney stated that if this reason is to be used for
denying or limiting the special use permit, it would be.necessary
to differentiate between the situation of the application and other
situations where there are differences in height between adjacent
residential structures.
Ms. McPherson stated another issue discussed was the question
regarding the Coon Rapids Dam. She stated the dam is e�eriencing
some maintenance problems. The Counties of Hennepin and Anoka are
currently discussing who is going to be responsible and what type
of improvements will be made. The dam is still functioning as a
control mechanism for downstream flows, and the DNR and Corps of
Engineers have been requested to initiate a new flood study of the
upper regions of the Mississippi River.
Ms. McPherson stated another issue raised by the neighborhood was
regarding sewer backups in the vicinity of Cheryl and Buffalo
Streets. The Public Works Department reviewed their records. They
noted that there was one backup at 641 Buffalo Street in September
1989. Nine backups at 614 Cheryl Street were recorded due to the
basement elevation. In 1989, a backflow preventor was installed
in an attempt to reduce the amount of backups. Since the
installation of the check valve, there has been only one backup at
614 Cheryl Street.
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PLANNING COMMIBSION MEETING, JIINE 1, 1994 PAGE 3
1. Tabled 5J4/94: CONSIDERATION OF A SPECIAL USE PERMIT, SP #94-
03. BY GORDON HEDLUND:
Per Section 205.24.4.D and 205.24.5.A of the Fridley City
Code, to allow construction in the CRP-2 District (Flood
Fringe) on Lots 12 and 13, Block Y, Riverview Heights,
generally located on the south side of Buffalo Street east of
Riverview Terrace.
Ms. McPherson stated that at the May 4, 1994, Planning Commission
meeting, staff recommended that the Commission table the request
pending the submission of an engineer's plan for the grading and
drainage.
Ms. McPherson stated the petitioner has since submitted a grading
and drainage plan stamped and signed by a civil engineer with the
requested information on the slope percents and spot elevations on
the subject parcel. The engineer has reviewed and approved the
plan as submitted. 5taff has added a few stipulations:
• The builder shall grade th� property to conform with the
engineering plan dated May 23, 1994.
• The verifying survey shall confirm that the grading
complies with the plan dated May 23, 1994.
• Rip-rap shall be placed at the end of the swale adjacent
to Buffalo Street.
• Erosion control measures shall be installed along the
west, south, and east lot lines.
Ms. McPherson stated the remaining stipulations are the same as
those proposed at the May 4, 1994, Planning Commission meeting,
the elevation certificate, the flood proofing of the garage, the
fill, the easement, and the retaining wall.
Mr. Frank Shimek,
retaining wall to
of the property,
ground.
7901 Riverview Terrace, stated he would like the
be constructed of cement, run the whole length
and be built six inches above the level of the
Mr. Shimek stated he was talking with the dam engineer at Coon
Rapids Dam. He stated rodents and small animals have been digging
tunnels in the levy for 25 years. He asked the engineer what were
the chances of the levy holding if the water goes up on the levy
and these tunnels start fillinq with water. The engineer laughed
and said the chances were not very good.
^ Mr. Shimek stated the federal government is against building in
flood plains because of the cost. The weather is changing. The
environment is polluting the air to the point where they are now
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PLANNING COMMISSION MEETING, JIINE 1. 1994 PAGE 4 r"�
getting two, three, and five inch rains. If they get heavy rains,
it is going to flood in this neighborhood again. These houses are
going to sit on mounds of dirt. What happens when a heavy current
of water flows around these houses and the dirt washes away? Are
these houses are going to break loose and tear into the other
houses?
Mr. Shimek stated he questioned whether this lot even has 7, 500
square feet. He stated he has a stake in his yard that was put
there by Anoka County to mark the corner of the property many years
ago. When the surveyor came out, he surveyed 5 1/2 feet off that
stake.
Mr. M. E. Thompson, 6212 Hillside Road, Edina, stated Mr. Shimek's
lot is six feet lower already than the subject property, and now
the petitioner wants to build it up another four or five feet.
That stake has been there for 22 years, and all of a sudden the
property line moved 5 1/2 feet. He submitted a diagram showing the
existing stake and the location of the nail put in by the recent
surveyor. Can the City send a surveyor in to check this out? He
also believed the subject property was more like 7,000 square feet
instead of 7,500 square feet. The City took some property for the
road, so why are they giving it back to him again?
Ms. Darlene Brady, 641 Buffalo street, stated she also challenged
the size of this lot. She heard that the City is including land
that was taken by the City under the dike in the street before the
petitioner even purchased the property. That is crazy. If the
City gave that land back to petitioner, then the City should give
everyone back their land.
Ms. Brady stated that a recent article in the newspaper stated that
the federal government does not want people building behind levies
because they don't want to have to support buildings in the future.
The river and the creek were very high last year. If they had
gotten the rains like Iowa, Missouri, and Illinois, they would have
been flooded, too. It is not very smart to add netia homes in the
flood plain. The City can have the petitioner sign a piece of
paper stating that the City is not financially responsible for any
flooding, but if a home washes away with a family in it, then what
good is 'that piece of paper?
Ms. Brady stated the levy was built on an emergency basis; it was
not constructed the same as a well planned levy. Adding new homes
in this area will only compound the problems.
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Ms. Brady stated it is recorded that her sewer has only backed up
once. That is not true. It has backed up four or five times.
She did not call the City every time because she assumed the
problem was roots. She has documentation from sewer contractors
about these backups. She called her City Councilmember at the time �
to try to get a check valve, but nothing ever happened.
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Ms. Brady stated that regarding the engineer's report, the engineer
talked about getting the water to run off the proposed property,
but her concern is what happens after the water leaves the
property. The water will all come out right by her garage, and her
garage �ill be flooded. With the recent heavy rain, the water
pooled up in front of her garage.
Ms. Brady stated that to build on a 7,500 square foot lot, the
person should have 7,500 square feet of actual land available.
They should not be able to count the land that is under the dike
and dam. She believed that this lot is not 7,500 square feet and
would like the lot resurveyed, because things have changed in the
last 30 years.
Ms. Dacy stated that according to the certificate of survey that
the petitioner's surveyor submitted, with the area that is included
in the street (easement), there is a lot area of 7,982 square feet.
If, for discussion purposes, the easement area was subtracted out,
that equates to 455 square feet, leaving a remaining lot size of
7,527 square feet.
Ms.� Dacy stated the City does not have a registered surveyor on
^ staff. The City typically does not do surveys for private property
owners. It is the City's policy that if adjacent property owners
are disagreeing about the location of a lot line, staff recommends
that the adjacent property owners contact a surveyor, have another
survey done, and have the two surveyors go over the surveys and
verify the correct survey.
Ms. Brady asked about the drainage.
Ms. Dacy stated the plan is to eventually diract the water on the
subject parcel toward the northeast corner of the lot within the
swale. The purpose of the rip-rap at the.end of swale is to hold
back the velocity of water running off the driveway. At that
point, the water will run onto and,down the street. Staff was at
the site during the last rain and does acknowledge that for certain
periods of� time, the water does pool in front of Ms. Brady's
garage. However, the.engineer is certifying to the City that the
water can be handled on the subject lot and then is directed
appropriately to the public street. At this time, there is no
evidence to indicate to staff that the drainage would adversely
affect Ms. Brady's property.
Ms. Brady stated that it sounds good in theory, but these plans do
not always work.
Ms. Dacy stated that is why all the stipulations are based on
,-� approval of the petitioner's plan and engineer's plan. If there
are any problems, it will be the property owner's respox�sibility
to correct the situation.
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PLANNING COMMISSION M1;ETING. JIINE 1. 1994 PAGE 6 ��
Ms. Brady stated she is not against a two story house being built
on this lot; but when a 2- 2 1/2 story house is built on top of
land that has been j acked up eight feet higher than the surrounding
homes, the house ends up being three to four stories tall.
Ms. Dacy stated that regarding construction in the flood plain,
the federal government is concerned about the costs; however, the
federal government has a list of standards that people who own
property in the flood plain and have the right to develop must
meet.
Ms. Dacy stated the City, on an annual basis, has requested the
federal government and state to do another flood insurance rate
study to re-evaluate the elevations. Until that time, the City
has to abide by the federal government's standards.
Ms. Brady stated that if a house is built on this property, it
should be appropriate to the lot, appropriate to the neighborhood,
and on a lot that is large enough. Is there any reason why this
lot could not be designated a green space and be swapped with
another lot for this builder? It is something to consider. Part
of the attraction of this neighborhood is the green space and the
setting of the neighborhood, and that can be vastly changed by
constructing an oversized house on an undersi.zed lot. �
Mr. Tim Lott, 2149 Sheridan Hills Road, Wayzata, stated his concern
is the retaining wall.. He is also concerned about the square
footage of the lot. He stated Mr. Hedlund has always been trying
to buy property from the Thompsons on one side and from Mr. Shimek
on the other side so that he would have enough land to build. Now,
all of a sudden, stakes are inside the Thompson property line where
they were not there before, and there is a permanent marker i.n the
southeast corner. Staff says it is up to the adjacent property
owners to say the property marker that has been there for many
years is not right and must spend money for another survey. His
concern is that the petitioner did not have enough property to
build on, and now, all of a sudden, he has enough property to build
on. At best, he sees 7,200 square feet for this property.
Mr. Lott stated that when they start building little pyramids on
these pieces of property that have been draining properly, the way
the rain falls off this property, the drainage is not going to be
the same as it was. It might impact the adjacent properties from
just general rains, as well as if there is that 100 year flood.
Mr. James Peterson, 7995 Broad Avenue, stated this neighborhood is
an eclectic neighborhood. Some houses were buiit as cabins on 25
foot lots, and there are nice homes on large lots. It is kind of
a hodge podge. There never seems to have been a comprehensive ^
development plan for this area. Does the City even want
development in this area? Or would the City rather not have any
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development and see that the land is abandoned? If the City wants
development, what kind of development would it like to have? Does
it want to continue developing on a piecemeal basis? It is a mess
right now. It would be in the City's best interest to develop
these lots to present day standards. This would be a golden
opportunity for a comprehensive development, particularly with the
development of Riverview Heights Park. What has happened to the
big plan for park land all along the River? What are the plans for
Riverview Terrace? What is its function?
Mr. Peterson stated planning implies anticipation. It is not a
reactive job; it is a proactive job.
Mr. Peterson stated this is a beautiful area. This is an excellent
opportunity for the Housing and Redevelopment Authority to do a
cooperative development, and these people could end up with new
homes.
Mr. Peterson stated there are property owners whose basements are
being used as holding ponds. They have streets that have hollows
in them; and when it rains, the water pools in the hollows. The
streets are all breaking up and l�ave just been patched over and
over again. There are more plans for the improvement of East River
^ Road. What are going to be the main streets?
Mr. Peterson stated that about 1,000 yards of fill will need to be
brought in. He would suggest that the trucks bringing in the fill
use 79th Way to protect the other neighborhood streets from the
truck traffic and from breaking up.
Mr. Monte Maher, 7965 Riverview Terrace, stated he believed the
creek is going to be the major problem as far as water. The creek
is going to fill up first. Staff has said that if other property
owners contest the survey, the property owners have to hire a
surveyor to have another survey done. He just didn't understand
why it is their responsibility, especially when the neighbor knows
where the stakes are. Doesn't a four foot retaining wall show that
there is a problem?
Mr. Newman stated the petitioner has provided the City with a
survey signed by a state licensed surveyor. The City has to assume
that the individual is duly licensed and is doing his/her job
appropriately. Despite what some people might think, most of these
surveyors are not going to risk their license and livelihood by
fudging on an official survey. As a matter of policy for the City,
questions on surveys come up all the time. If, every time a
neighbor contested the survey of another lot, the City used public
dollars to hire a second surveyor, the City could start spending
significant public dollars. That is why the City has adopted the
� policy that if neighbors disagree with a survey submitted by a
state licensed surveyor, it asks the neighbors to present
compelling evidence to prove otherwise.
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PLANNING COMMI38ION MEETING. JIINE 1, 1994 PAGE 8 ��
Mr. Maher stated they do not need a three story house when everyone
else in this neighborhood has one and two story houses. Maybe more
of an effort should be made to combine these vacant lots with other
lots to make bigger lots. This is a beautiful neighborhood and
building should be done, but it should be done on the right sized
lots.
Mr. Maher stated that this proposal actually affects more people
than just this neighborhood and more people should have been
notified. There are a lot of changes going on that more people
should know about.
Ms. McPherson stated notices are sent to people within 350 feet
outside the property line of the subject parcel.
Mr. Newman stated that notices are sent out based on an�ordinance.
It would require an ordinance change by the City Council to require
sending notices to a broa.der area. �
Mr. Gordon Hedlund stated the size of the house was brought up.
The house that he would be propasing would not be any larger than
k�omes that are already in the area. It is not unusual to see a
smaller house next to a larger house in this area.
Mr. Kondrick asked Mr. Hedlund if he had any objections to the
stipulations being recommended by staff.
Mr. Hedlund stated he has read the stipulations and is in agreement
with them. .
Mr. Newman asked Mr. Hedlund what material would be used for the
construction of the retaining wall.
Mr. Hedlund stated it would be an approved product, whether it is
wood, concrete, or stone.
Mr. Newman asked if Mr. Hedlund would object to a stipulation that
the retaining wall not be made of wood.
Mr. Hedlund stated he believed the retaining wall would probably
be non-wood. Concrete is more permanent.
Mr. Tim Lott asked if it would make a difference if the
petitioner's property is less than 7,50o square feet.
Mr. Newman stated that if the property is less than 7,500 square
feet, the petitioner would have to apply for a variance before he
would be able to build on the property.
Mr. Lott asked if the Planning Commission will be basing its
decision on the assumption that this property is 7, 500 square feet.
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PLANNING COMMISSION MEETING, JIINE 1, 1994 PAGE 9
Mr. Newman stated the Planning Commission has to base its decision
on the available information. He suggested that if the property
owners want to contest the 7,500 square feet, they might want to
first ask a surveyor to come out to the property and informally
tell them whether or not the stakes are properly located. If the
surveyor believes the stakes are improperly located, then the
property owners have no issue. However, if the surveyor feels there
may be a problem, then the property owners may want to spend the
money for the second survey. That information should be given to
the City staff and City Council.
Ms. McPherson explained that the property that is in the road from
the curb of Riverview Terrace to the lot line was acquired as an
easement. It was not condemned and taken over under City
ownership.. The City condemned an easement which gives the City
permission to use that portion of property for the road. But, the
property between the curb and the lot line is still legally under
the fee ownership of Mr. Hedlund, and that land can be used as a
calculation for the lot area.
Mr. Lott stated it might be a moot issue to acquire another survey.
Mr. Newman stated that is true, unless the property owners can
prove that the lot area, including the area under the road, is less
than 7,500 square feet.
Mr.. Maher asked if there are any plans for.Riverview Terrace that
might affect this plan.
Ms. Dacy stated there is a potential improvement plan for the
Riverview Terrace right-of-way. One of the proposed stipulations
on this particular lot was for a request from the Engineering
Department for an additional easement. Because no detailed
drawings have been done, staff does not know the answer to Mr.
Maher's question at this time.
Ms. Brady stated there has to be some kind of rule or ordinance
that allows a property owner to count the easement as part of lot
area.
Ms. Dacy stated the definition for an easement is defined in State
Statute, as well as in the definition for fee simple ownership.
Between now and the City Council meeting on June 20, 1994, staff
will be happy to meet with the adjacent property owners and a
surveyor to review what they feel is a correct version of this lot.
If they can document that the lot area is below 7,500 square feet,
staff will present that to the property owner. Then the next step
would be for the petitioner to apply for a lot area var.iance which
would be a separate process through the Appeals Commission and City
Council. Or, the property owners can make their appeal to the
Council members.
PLANNING COMMISSION MEETING. JIINE 1, 1994 PAGE 10
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the
diagram showing the existing stake and the location of the nail
put in by the recent surveyor submitted by M. E. Thompson.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE
MOTION CARRIED QNANIMOUSLY.
Ms. Brady asked for a copy of the survey report, the new
stipulations, and engineer's report.
Ms. Dacy stated staff will provide her with that information.
Mr. Saba stated that as much as he is opposed to this type of
structure, according to the City Attorney's decision, the City
cannot restrict the height of the structure. The other control is
through the lot size and flood fringe permi�, which is the reason
for the special permit application. The Commission also cannot
discuss how this area is to be planned. The neighbors have brought
up a number of issues, including the lot size, that should be
resolved before this special use permit goes to City Council. The
testimony from the public hearing on May 4, 1994, and from this
meeting will go to City Council with the Commission's
recommendation. He stated he believes the only recommendation the
Commission can mak� is approval of this special use permit with the
stipulations recommended by staff. �
Ms. Savage stated that at.the May 4, 1994, meeting, the Planning
Commission tabled this special use permit request so the petitioner
could fulfill the requirements and he has done that. She would
agree that the Commission should recommend approval of the special
use permit with the stipulations.
Mr. Sielaff agreed. Based on the information the Commission has
had, they have to recommend approval. If the adjacent property
owners can come up with some other information and want to make a
case, they can make it to the City Council.
Mr. Kondrick stated he cannot come up with any legal reason for
denying this request. The petitioner has conformed to all the
requirements, and the Commission has to rely on the information
that has been provided. He, too, would recommend approval of the
special use permit.
Mr. Newman stated he appreciated tha concerns raised by the
neighbors. He remembered back in 1964 when there was a referendum
as to whether or not this site was going to be included in urban
renewal because of the concerns of flooding, and the residents of
this City voted against that. He stated he was down in this area
in 1969 filling sandbags. He runs through this area and has for
10 years, so he is very familiar with this area.
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PLANNING COMMISSION MEETING. JDNE 1, 1994 PAG$ il
Mr. Newman stated Mr. Peterson made a very compelling and
interesting argument. However, under state law, this is a special
use permit; and as long as the applicant can meet the standards set
forth in the ordinance, the Commission does not have any
discretion. That is set by state law. If the City Council wants
to do some kind of comprehensive plan and wants the Commission to
do that, then that becomes their responsibility. Until then, the
Commission is bound by the state law. From his reading and from.
the information that has been provided to the Commission, the
applicant has met those statutory standards.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend to
City Council approval of special use permit, SP #94-03, by Gordon
Hedlund, per Section 205.24.4.D and 205.24.5.A of the Fridley City
Code, to allow construction in the CRP-2 District (Flood Fringe)
on Lots 12 and 13, Block Y, Riverview Heights, generally located
on the south side of Buffalo Street east of Riverview Terrace, with
the following stipulations:
1. The petitioner shall submit an elevation
addition to a verifying survey prior to
being capped, which shall verify that th
floor elevation is 824.
certificate in
the foundation
e minimum first
2. The petitioner shall floodproof the garage in accordance
with current federal and state floodproofing requirements
to a minimum of the 100 year flood elevation. �
3.
4.
5.
6.
7.
8.
The fill placed on the property shall extend a minimum
of 15 feet from the proposed dwelling unit. •
The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
The verifying survey shall confirm that the grading
complies with the plan dated May 23, 1994.
Rip-rap shall be placed at the end of the swale adjacent
to Buffalo Street.
Erosion control measures shall be installed along the
west, south, and east lot lines.
The petitioner shall submit retaining wall plans that
have been signed by a structural engineer. The wall
shall be constructed of concrete or stone.
9. The petitioner shall execute and record against the
property a hold harmless agreement releasing the City
from liability if damage occurs as a result of flooding.
PLANNING COMMI88ION MEETING. JIINE 1. 1994 PAGE 12
10. The petitioner shall grant a lU foot flood control,
street, utility, and drainage easement along the west
lot line.
11.
12.
The grading and drainage plan shall indicate the number
of trees to be preserved.
The petitioner shall sign a Combination Form, combining
the property into one tax statement prior to building
permit issuance.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIIBLY.
Ms. McFherson stated this item will go to City Council on June 20,
1994.
2. Tabled 5/4/94: CONSIDERATION OF A SPECIAL USE PERMIT SP #94
04, BY GORDON HEDLUND•
Per Section 205.24.4.D and 2�5.24.5.A of the Fridley City
Code, to allow construction in the CRP-2 District (Flood
Fringe) on Lots 29, 30, and 31, Block X, Riverview Heights,
generally located on the south side of Cheryl Street west of
Broad Avenue.
Ms. McPherson stated this property is located at the intersection
of Cheryl and Broad Streets. The Commission tabled this request
at its May 4, 1994, meeting to request that the petitioner have
the grading plan reviewed and more specifically defined by an
engineer. The engineer plan did come back with swales defined with
percent slopes and spot elevations on the property. The engineer
also indicated that a pipe will need to be installed in the
southwest corner of the property to the catch basin at the
northwest corner of the property to make sure that water does not
remain pooled in the southwest corner.
Ms. McPherson stated staff has again stipulated that the builder
is to grade the property in conformance with this plan and that
the verifying survey which is required be submitted by the
petitioner to confirm that the grading does meet the plan as
submitted. In addition, silt fences and other erosion control
measures need to be placed along the edges of the property line to
prevent dirt and excavation material from going into the adjacent
streets.
Ms. McPherson stated staff visited this site to investigate the
height issue. The property owner at 614 Cheryl Street indicated
a concern regarding the height of the dwelling. For this
particular property, staff has stipulated not to limit the height
of the building, but to limit the location to the pad as proposed.
It is in the center of the lot and, therefore, would reduce the
impact of the overall height of the building if it is constructed
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� PLANNING COMMISSION MEETING, JIINE 1, 1994 PAGE 13
in this location. This lot is very similar to the lot at 600 Ely
Street, just two blocks north of the subject parcel. At that
location, there is a small dwelling unit in a similar location as
614 Cheryl. The dwelling to the east, built after 1977 when the
flood plain regulations were adopted, is at a higher elevation.
You can see the amount of fill that was filled on that property to
bring the.dwelling into conformance.
Ms. McPherson stated the remaining stipulations for this property
are the same as those recommended at the May 4, 1994, Planning
Commission meeting. Staff recommends that the Commission recommend
approval of this special use permit request with the 11 recommended
stipulations.
Mr. Newman stated that, again, it might be appropriate to add a
stipulation regarding concrete or stone retaining wall plans that
have been sigried by a structural engineer.
Mr. Clark Nason, 614 Cheryl Street, stated he is concerned about
the sewer system in this area. He is the one who has all the
trouble with sewer backups. He does have a shutoff valve, but if
the pumping station doesn't work, the sewer backs up into his
basement. The sewer system cannot handle the homes that are there
� now, and how is it going to handle another home? He stated he is
going to look at a 7 foot embanlauent outside his door. There is
a 50 foot vacant lot in back of his house so he could be looking
at another 7 foot embanl�ent in back of his house, too, if that lot
is developed. With 7 feet all around him, he is down in the
valley. No mat�er what the City says, that water.is not going to
stay on the other property;.it is going to go onto his property.
Ms. Darlene Brady, 641 Buffalo Street, stated she again wanted to
say that when the land is built up that high, they are talking
about a two or three story house. Again, they need to build
appropriate to the lot and appropriate to the neighborhood.
Mr. Monte Maher, 7965 Riverview Terrace, stated that something
should be done about the sewer system if more houses are going to
be built.
Mrs. Michelle Maher, 7965 Riverview Terrace, stated she can
understand that the City has to approve these requests if the
petitioner meets all the requirements. But, is there anything the
Commission can do to understand the concerns of the neighbors and
make recommendations on a personal level? Is there anything the
neighbors can do to make a difference besides expressing concerns,
because that doesn't seem to be very beneficial here?
Mr. Newman stated that in some regards, expressing their concerns
� may be more beneficial than they believe. The Commission has two
important components:. (1) The Commission receives information to
present to the Council; and (2) The Commission makes a
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PLANNING COMMISBION MEETING. JIINE 1, 1994 PAGE 14 �
recommendation to the Council. He stated the Council does not
always follo�w the Commission's recommendation: He stated some very
valid issues have been raised by the neighbors, and he encouraged
them to contact their councilmember.
Mr. Gordon Hedlund stated he had nothing to add.
Mr. Kondrick asked Mr. Hedlund if he had any objections to the
stipulations recommended by staff.
Mr. Hedlund stated he has read the stipulations and has no
objections to them.
Mr. James Peterson, 7995 Broad Avenue, asked if the City has any
rules for the building pads, the type of soil, etc.
Ms . McPherson stated that information would be required at the time
of the building permit by the Inspection Division.
Mr. Peterson stated the only other comment he would make is that
the City not allow the truckloads of fill to drive on Broad Street
which is already in very bad shape.
Mr. Newman stated that even though the Council could impose that
condition, it is very difficult to enforce. �
Mr. Kondrick stated he is very disturbed about the sewer problems
that Mr. Nason at 614 Cheryl Street has been e�eriencing. He
recommended.that Mr. Nason continue to express .that concern.
Mr. Nason stated he now carries insurance because of the sewer
backups. Something needs to be done.
Ms. Brady stated she also has sewer backups. Her hot water heater
is rusting because of it. The City of Fridley will not help her
with that. Also, these backups can be a bad health issue.
Mr. Newman suggested that Ms. Brady contact her councilmember and
give her councilmember this information and any records she has
regarding her sewer backups.
Mr. Monte Maher, 7965 Riverview Terrace, stated sewage is a big
concern. The City�s record only pertains to those people who have
made the effort to contact the City. There may be a lot of other
people who have had sewer backups but have not called the City.
MOTION by Mr. Kondrick, seconded by Ms. Savage, to recommend to
City Council approval of special use permit, SP #94-04, by Gordon
Hedlund, per Section 205.24.4.D and 205.24.5.A of the Fridley City
Code, to allow construction in the CRP-2 District (Flood Fringe)
on Lots 29, 30, and 31, Block X, Riverview Heights, generally '�
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� PLANNING_COMMISSION MEETING. JIINE 1, 1994 PAGE 15
^
located on the south side of Cheryl Street west of Broad Avenue,
with the following stipulations:
1. The petitioner shall submit an elevation certificate in
addition to a verifying survey prior to the foundation
being capped, which shall verify that the minimum first
floor elevation is 823.9.
2. The petitioner shall floodproof the garage in accordance
with current federal and state floodproofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum
of 15 feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, �994.
5. The verifying survey shall confirm that the grading
complies witY� the plan dated May 23, 1994. The retaining
wall shall be constructed of concrete or stone materials.
6. Erosion control measures shall be installed along the
west, south, and east lot lines.
7. The hold harmless agreement shall be amended to require
the property owner to maintain the stormwater catch basis
and pipe.
8. The petitioner shall execute and record against the
property a hold harmless agreement releasing the City
from liability if damage occurs as a result of flooding.
9. The grading and drainage plan shall indicate the number
of trees to be preserved.
10. The petitioner shall sign a Combination Forna, combining
the property into one tax statement prior to building
permit issuance.
11. The dwelling shall be constructed in the location
proposed on the grading plan.
Mr. Newman stated the neighbors have raised some very significant
issues and concerns, particularly the concern about these houses
sitting on mounds in this neighborhood. However, the Commission
is bound by ordinances and by the information provided by City
staff. As this area goes through further redevelopment, the
Commission should probably take a closer look at these issues and
concerns.
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PLANNING COMMISSION MLETING� JIINE 1. 1994 PAGE 16 n
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWIKAN DECLARED THE
MOTION CARRIED IINANIMOUSLY.
3. Tabled 5/4/94: CONSIDERATION OF A SPECIAL USE PERMIT. SP #94-
05, BY GORDON HEDLUND:
Per Section 205.24.4.D and 205.24.5:A of the Fridley City
Code, to allow construction in the CRP-2 District (Flood
Fringe) on Lots 13, 14, 15, and 16, Block V, Riverview
Heights, generally located on the north side of Dover Street
west of Broad Avenue.
Ms. McPherson stated this property is located on the north side of
Dover Street, approximately 150 feet from Riverview Terrace. This
request was tabled at the May 4, 1994, Planning Commission meeting
to allow the petitioner time to have an engineer review the grading
and drainage plan and provide percent slopes for the swales and
spot elevations. The petitioner has submitted an engineer's plan
which indicates that the swales will be adequate to handle the
water runoff. Again, the Engineering Department has indicated that
erosion control measures shou.ld be placed along the west, east, and
south lot lines to prevent soil from flowing into the street due
to runoff prior to vegetation being established on the property.
Ms. McPherson stated staff is recommending that the Planning
Commission recommend approval with nine stipulations: ^
1. The petitioner shall submit an elevation certificate as .
part of a verifying survey prior to the foundation being
capped, which shall verify that the minimum first floor
elevation is 824.1.
2. The petitioner shall floodproof the garage in accordance
with current federal and state floodproofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum
of 15 feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading
complies with the plan dated May 23, 1994.
6. Erosion control measures shall be installed along the
west, south, and east lot lines.
7. The petitioner shall execute and record against the
property a hold harmless agreement releasing the City
from liability if damage occurs as a result of flooding. �
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/1 PLANNING COMMI88ION MEETING, JIINL 1, 1994 PAGE 17_
8. The grading and drainage plan shall indicate the number
of trees to be preserved.
9. The petitioner shall sign a Combination Form, combining
the property into one tax statement prior to building
permit issuance.
Mr. Newman asked if there are any retaining walls for this
property.
Ms. McPherson stated there are not.
Ms. Brady stated that, again, the sewer issue is a concern for this
property. Also, the big mound on dirt and the multi-level home are
concerns. She is not objecting to a home being built on the lot,
but it should be built to fit,the lot size and the neighborhood.
This proposal is mo�e reasonable than the first two proposals.
Mr. Hedlund stated he had nothing to add.
Mr. Kondrick asked Mr. Hedlund if he had any problems with the
stipulations recommended by staff.
Mr. Hedlund stated he is in agreement with all the stipulations.
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MOTION by Mr. Sielaff, seconded by Ms. Savage, to recommend to City
Council approval of special use permit, SP #94-05, by Gordon.
Hedlund, per Section 205.24.4.D and 205.24.5.A of the Fridley City
Code, to allow construction in the CRP-2 District (Flood Fringe)
on Lots 13, 14, 15, and 16, B1ock.V, Riverview Heights, generally
located on the north side of Dover Street west of Broad Avenue,
� with the following stipulations:
1. The petitioner shall submit an �levation certificate.as
part of a verifying survey prior to the foundation being
capped, which shall verify that the minimum first floor
elevation is 824.1.
2. The petitioner shall floodproof the garage in accordance
with current federal and state floodproofing requirements
to a minimum of the 100 year flood elevation.
3. The fill placed on the property shall extend a minimum
of 15 feet from the proposed dwelling unit.
4. The builder shall grade the property to conform with the
engineering plan dated May 23, 1994.
5. The verifying survey shall confirm that the grading
complies with the plan dated May 23, 1994.
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PLANNING COMMISSION MEETING. JIINS 1, 1994 PAGE 18 /"�
6. Erosion control measures shall be installed along the
west, south, and east lot lines.
7. The petitioner shall execute and record against the
property a hold harmless agreement releasing the City
. from liability if damage occurs as a result of flooding.
8. The grading and drainage plan shall indicate the number
of trees to be preserved.
9. The petitioner shall sign a Combination Form, combining
the property into one tax statement prior to building
permit issuance.
IIPON A VOICE VOTE� ALL VOTING AYE� CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
Mr. Newman stated this request will go to the City Council on June
20, 1994.
4. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP
#94-07, BY AMOCO OIL COMPANY•
Per Section 205.14,O1.C.(5)� of the Fridley City Code „ to
allow the expansion of an automobile service station on Lots
16, 17, 18, and 19, Block 13, Hamilton's Addition to �
Mechanicsville, generally located at 5311 University Avenue
N.E.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to waive the
reading and open the public hearing.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING OPEN AT 9:50 P.M.
Ms. McPherson stated this property is located in.the northeast
corner of 53rd Avenue and University Avenue. The property is zoned
C-2, General Business. The property to the east is zoned R-3,
General Multiple Dwelling.
Ms. McPherson stated the petitioner is proposing to construct a 12
foot by 15 foot storage addition on the rear of the service station
building. The original service station was constructed in 1959,
and the City issued a special use permit to allow a car wash
expansion in 1978. '
Ms. McPherson stated the petitioner has also applied for two
variances: (1) to reduce the setback from an adjacent residential
district from 50 feet to 19 feet; and (2) to reduce the hard
surface setback from a building from 5 feet to 0 feet. The Appeals
Commission reviewed the variance request on May 24, 1994, and
recommended approval of the request to the City Council. �'�.
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� PLANNING COMMISSION MEETING, JIINE 1. 1994 PAGE 19
Ms. McPherson stated the addition is proposed to be used for
storage of air compressors and lube equipment to improve the
working conditions and safety for the mechanics. The addition is
proposed to be located adjacent to the car wash. A waste oil tank
is located to the south of the addition so that limits the size and
location of the addition.
Ms. McPherson stated residential dwellings are located east of the
property. There are residents who use the service station property
and the alley along the east property line for access to their
garages. The expansion would narrow the driving aisle adjacent to
the alley down to 19 feet. Typically, the code requires a 15 foot
hard surface separation from an alley; however, requiring
compliance with this requirement would eliminate access for the
adjacent property owners. The Appeals Commission did not reconimend
granting that variance in order to allow the City to evaluate the
nonconformity should the property become damaged to more than 500
of its value. The Appeals Commission did vote to waive the 5 foot
hard surface requirement along the east side of the addition in
order to maximize the driving aisle along the rear of the building.
Ms. McPherson
north side of
equipment.
�� screened �from
stated a site visit revealed that the area along the
the building is used for the storage of materials and
The dumpster is located in this area and is not
the public view.
Ms. McPherson stated the addition is proposed to be constructed of
eight inch concrete block and insulated with cellulose insulation
on the inside of the block. It should be painted to match the rest
of the building. The equipment to be stored inside the addition
should not exceed the allowable decibels established Chapter 124
of the City Code.
Ms. McPherson stated staff recommends that the Planning Commission
recommend approval of the special use permit request with seven
stipulations. -
Mr. Saba asked the hours of operation. .
Ms. McPherson stated the petitioner stated at the Appeals
Commission meeting that the service station has 24 hour service;
however, the mechanic bays are typically closed at 9:00-9:30 p.m.
Mr. Saba asked if the compressor equipment will be running all
night. He is concerned about noise.
Mr. Richard Larsen, Amoco Oil, stated the compressor only runs if
there is a need for air. The car wash will not be used to any
extent late at night and the mechanics leave at 9:00-9:30 p.m.
^ Mr. Kondrick asked if there was any neighborhood objection.
PLANNING COMMISSION MEETING, JIINB 1, 1994 PAGE 20
Ms. McPherson stated she received one telephone call from a
neighbor living near the service station who was concerned about
the amount of money being expended by the petitioner in terms of
light rail transit. She also received a telephone call from a
property owner living on the west side of University who was
concerned about signage and the aesthetic appearance. No residents
from the immediate neighborhood appeared at the Appeals Commission
meeting.
Mr. Newman asked if Mr. Larsen had any objections to the
stipulations.
Mr. Larsen stated he is in agreement with all the stipulations.
MOTION by Mr. Saba, seconded by Mr. Sielaff, to close the public
hearing.
OPON A VOICE VOTE, ALI, VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE
MOTION CARRIED AND THE PIIBLIC HEARING CLOSED AT 10:00 P.M.
MOTION by Ms. Savage, seconded by Mr. Saba, to recommend to City
Council approval of special use permit, SP #94-07, by Amoco Oil
Company, per Section 205.14.01.C.(5) of the Fridley City Code,., to
allow the expansion of an automobile service station on Lots 16,
17, 18, and 19, Block 13, Hamilton's Addition to Mechanicsville,
generally located at 5311 University Avenue N.E., with the
following stipulations:
1.
2.
3.
4.
5.
6.
Variance, VAR #94-03, shall be approved.
Two pipe bollards shall be installed at the southeast
and northeast corners of the addition in lieu of the five
foot separation.
The addition shall be painted to match the existing
structure.
Equipment noise shall not exceed the maximum decibels
established in Chapter 124 of the City Code.
The outdoor storage of materials adjacent to the north
lot line shall be discontinued.
No parking shall be permitted adjacent to the rear of
the building or the addition and shall be posted �'no
parking'� .
7. The dumpster shall be screened from public view.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
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�"� PLANNING COMMISSION MEETING, JIINE 1, 1994 PAGE 21
5. RECEIVE MAY 2. 1994 PARKS AND RECREATION COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
May 2, 1994, Parks and Recreation Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPBRSON NEWMAN DECLARED THE
MOTION CARRIED IINANIMOIISLY.
6. RECEIVE MAY 5 1994. HOUSING AND REDEVELOPMENT AUTHORITY
MINUTES•
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the
May�S, 1994, Housing and Redevelopment Authority minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE
MOTION CARRIED IINANIMOII3LY.
7. RECEIVE MAY 12 1994 HUMAN RESOURCES COMMISSION MINUTES:
MOTION by Ms. Savage, seconded by Mr. Kondrick, to receive the May
12, 1994, Human Resources Commission minutes.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARL�D THE
MOTION CARRIED IINANIMOIISLY.
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ADJOURNMENT •
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the
meeting. Upon a voice vote, all voting aye, Chairperson Newman
declared the motion carried and the June 1, 1994, Planning
Commission meeting adjourned at 10:15 p.m.
Re�ectfully sub itted,
� y Saba
Recording Secretary
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S I G N— IN S H E E T
PLANNING COMMISSION MEETING, Wednesday, June 1, 1994
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STAFF REPORT
Community Development Depar�ment
Appeals �Gommission Dato
Planning Commission Datc : June 29, 1994
City Council Date
APPLICATION NOMBER: � �
PS #94-05
�
KeitYi Ebensteiner for Biltmore Construction, petitioner.
Archdiocese of St. Paul and Nlinneapo].is, fee owner (Totino_Graoe
� Higfi ScHool) . . . � � � . . " � � ' . . �
� LOCATION • . . . � ' • ' . � ' : . . ' .. • -
� The .. subj ect parcel is :locat�d at � the- int�ersection. of NTattQr�iorn �, . .
�. ... . Driqe.: and. Gardena • �Avenues . � �The � areas.: :to `be. plat�ed � are � located �
, • . � in� .the southw�st � and southeast corners � of the . subj ect `parcel: � � �
�The parcel is zoned R-1, Single Family, as are the�surrounding
parcels.
REOIIEST•
The petitioner proposes to create nine single family lots and one
lot for the High School.
ANALYSI3•
Parcel Description
Located on the subject parcel is Totino Grace High School. The
high school campus is composed of the school, a retreat building,
a maintenance building, track, and baseball, softball, and
football fields. A 25 foot drainage and utility easement running
north-south across the property is located within the western 1/3
of the subject parcel. A public watermain is located within the
easement.
Located in the southwest corner of the property is a tree stand
comprised of oak trees, sumac, virginia creeper, and cherry
trees. These trees are located at the rear of the two proposed
lots on Matterhorn Drive. This vegetation should be preserved
with the exception of the removal of dead or diseased trees.
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Staff Report
PS #94-05, Keith Ebensteiner
for Biltmore Construction
Page 2 �
**Stipulation** A restrictive covenant shall be recorded
. aqainst I,ot i and 2, Block 2 preventinq the
. . removal of veqe.tation escept for �
. � - . , . �� .: dead/,.diseased tr•ees.�� . . . : . . � ' �
Located in t�he southeast corner of the property is a larger area
o� woodland_which was once part of the woodland.located to the
east known as����Peck's Woods".by the residents. This woodland was
prob�ably once part of an oak savannah. A number of oak trees
still exist, however,�they are overgrown with�chokecfierry,
riverbank grape, maple, ash, buckthorn, and honeylocust. Also
� located in this corner of the parc�l are two..Type 5 wetlands. ..
�These.we�tlands are characterized by 90-95% open water surraurided
�'�by wetland plants�. � Z'Y�e �wetl.ands are � less .than� l%2 acre and•
between 1/2�.' .and .1 aere 'in• . si:ze r�spectively, � � � . � �
Project Description � . � �
: : " The pra�ios�d�. proj ect �� ihc]�udes � nixr� � single �• '�ainiTy fots•. . ' �Two . lot,s• •.
will abut Matterhorn Drive Qn the west. The remaining lots will
have access via a street "Royal Oak Court" from Arthur Street on
the east. One lot will be created for the high school campus.
This lot is currently identified �s an outlot and should be
defined as a lot.
**Stipulation** Outlot A shall be named as a��lot�� in the
plat.
District Requirements
Zoninct
The R-1, Single Family Dwelling District requires lot areas of
9,000 square feet and lot widths of 75 feet, as measured at the
front yard setback. Corner lots require a lot width of 80 feet.
The following chart identifies the lot area and lot width of each
of the proposed lots:
LOT/BLOCR LOT AREA
1,
2,
3,
4
5,
6,
7,
1,
2,
1
1
1
,1
1
1
1
2
2
12, 667
12,370
14,848
15,032
24,491
19,628
15,891
13,813
16,170
LOT WIDTH
100
95
90
87
116
105
117
93
85
25% MABIMIIM
3,167
3,093
3,712
3,758
6,123
4,907
3,972
3,453
4,042
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�"'� Staff Report
PS #94-05, Keith Ebensteiner
for Biltmore Construction�
Page 3 � .
As Lot 1, Block 1 has a lot width of 100 feet, the dwelling unit
.� should.face��Royal�Oak Court as opposed to Arthur Street. In �
.ad�d�ition�,. •the trees' .along_ th.e side corner lot �line� Taiit.�iin . the
�� '' 17 . 5 fqtit setbacl� should � be preserved to prov'ide � screenirig � for '
the dwellings located on the east�side of Arthur Street which
face the development. .
•**Stipulation** The dwellinq on Lot i, Hlock 1, ahall faae
� Ro�al Oak Court.� . .
**Stipulation** The trees alonq the side lot line of Lot 1, �
. B1ock 1, within the 17.5 foot setback $hall
. . be � preserved. • � . � .
Verifying surveys are require.d to� �insure- � compl iance with � the . � �
setback.requirements. : � . . . . .
*�St�ipu3�tioa.**. . � '•. : :•p��ifyinq s�rveys� :s2ral-l.� be -aubm3ttt�d' •prioi .to. ;' _ - '
� � � � � . � ' the cappinq of �the � foundation. � � � � •
^ The total acreage of the subject parcel is 34.1 acres. 3.32
acres will be used for single family lots. Approximately .44
acres wili be used for the proposed road and its right of way.
The remaining 30.34 acres will remain under the ownership of the
Archdiocese.
Subdivision
Section 211.07 of the City Code sets forth the design
requirements for all plats. These include dedication for parks,
street pattern and construction, and minimum improvements.
Park Dedication
The ordinance requires either a dedication of land (l0a) of the
area to be platted or a cash equivalent ($1500.00 per lot) for
public uses such as schools, parks, playgrounds, etc. The City
has typically required cash payment into the Park Dedication
Fund. The Park and Recreation Commission typically reviews all
park dedications for each plat request. The Commission will meet
on July 11, 1994 to discuss this request.
**stipulation**
�,
The petitioner shall pap a park dedication
fee of $1,500.00 per lot (9 s$1,500.00 =
$13,500.00) at the time of buildinq permit
issuance.
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Staff Report
PS #94-05, Keith Ebensteiner
for.B.iltmore Construction
Page 4
Road Desian
The� petit�or�er is proposing -to �construct a 32 foot wide cul-de=
sac wi�h.a length of 2�78.15 feet and a diameter of 80 feet to
serve the 7 lots. This is within the maximum 600 feet and meets
the.requirement of an 80 foot diameter. .The petitioner.will• be
dedicating a 50 foot right of way and 100 foot diameter, which
meets the requirements of the ordinance. The road rises 4 feet
over a distance of 330 feet for'a sl.�pe of 1.2�, we11 within the
6o recommended. The two lots on the west will have direct access
t� Matterharn�Drive. � • � �
Storinwater �Pond � � � ' � � �. � �
The petitianer�.is�proposirig to construct a sedimentation pond ���
. along_the.north edge of the street....This will accept stormwater
.•from. �wo�� catchbas.ins' �ocated 100 Feet� fr�om the� :intersectipri: o.£:� �
. the'•�c�l-d�=sac' �wi�h Ar�htr'r �S�reet, ��The� sedimentati�on basin �will
-allow sediment��and�other pollutants to."settle out" prior to �
stormwater entering the wetland to the north. The City typically
requires detention basins which are dry as�opposed to
sedimentation ponds which retain some water. The petitioner has
not sized the pond to detain the required amount of water due to
the increase in runoff as a result of increased impervious
surface.
The stormwater pond will need to be maintained by the
Archdiocese. The Archdiocese will need to execute and record a
stormwater pond maintenance agreement. An easement shall be
dedicated over the pond preserving it for stormwater purposes.
The pond shall not be located on the residential lot 7.
**Stipulation** The stormwater pond shall be sized to meet
the detention requirements of the City.
**stipulation** The Archdiocese shall execute and record a
stormwater pond maintenance aqreement
providinq for onqoinq maintenance of the
pond.
**stipulation**
Utilities
A drainaqe easement shall be dedicated over
the stormwater pond.
The petitioner has submitted a preliminary utility plan. Two
watermains are located on the subject parcel, one 10-14" main
�
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�
�
'� Staff Report
PS #94-05, Keith Ebensteiner
for Biltmore Construction
Page 5
located within the 25 foot utility easement, the other 6" main
located•in.an east=west location approximately midpo'int on the _
.. parce�:. �The � 6 inch. main� connects .and .�is �per.pendicul.�r� to the. .
larger main (see utility map). The petitioner will install water
and sewer lines within the proposed right of way to service the 7
lots. The petitioner.proposes to "loop"�the watermai� within the .
right of way to�eliminate a dead-end line.� The..Engineering
Department has stated that this is not acceptab�e. Connection to
either of .the watermains located on the parcel will be�required. ,
� If connection to the 6" main occurs, a 25 foot easement will be
requir.ed� to be dedicated. � A 25 foot. easement �should also be .
� dedicated over �the connecti on line. The easement may �be 20: feet .
� � �between Lots 6 and �� 7 . � � � � . � . � � ' � . �
� *+Stipulation** "�The petitioner shalT connect.the watermain �
� �, . . �, w�th either the 10-14�� or 6�� � mains � located on
.� . � . . , - the •.property. . .� •� � . . . . : � . .
� *+�Stipulation** fihe petitioner�shall dedicate a 25 fo.ot
easement over the water conneation 1'ine. if �
�` the 6�� main is used, a 25 foot easement shall
also be dedicated.
The.two lots on Matterhorn will require that both sewer and water
services be installed from the mains to the property lines.
*+�Stipulation** The petitioner shall install water and sewer
servicea to the lots on Matterhorn and shall
. pay the appropriate connection fees.
The Metropolitan Waste Control Commission will require payment of
Sewer Availability Charges (SAC). The current fee is $800.00 per
owner occupied unit.
**Stipulation** 8AC fees shall be paid at the time of
buildinq permit issuance.
The Engineering Department has reviewed the preliminary drawings
for grading, utilities, and road construction. Their
requirements are outlined in Scott Erickson's memo dated June 22,
1994.
**Stipulation** The petitioner shall comply with the comments
listed in Scott Erickson•s memo dated June
24, 1994.
,,"�
Staff Report
PS #94-05, Keith Ebensteiner
for Biltmoze Construction
Page 6
Grading and Drainage
The petit�ioner has• submit�ed� a�preliminar�4 grading• and•�drainage�
plan for �he entire plat. Individual grading plans with erosion
control measures clearly defined shall be submitted for each lot
. prior to the issuance of a building perm,it. •.Staff will review
the plans for compliance with�Chapter 208, "Erosion Control" of
the City Code, and for compliance with the stipulations outlined
in the.�ection "Wetlands" oi the staff report for wetland .
. preservation. - . -
. • **8tipuiation** � Individual gradinq.and erosioa�control�plaans
� _ _ . � � �� . � . shall • �be � submitted €or _ each 1ot prior to ' the �
. � � � . ' :issuance :. of a buildinq� permit. � � � �
e
�
� . ..Wetlands� . • . ... � . �
� . � � � . .Two ��T'ype � �5 . wetlands .�are � located' on� �tlie � property� �in � the sbuthea�st � . .
�� corner. �The wetlands were delineated as required by the��0-4 � �
Overlay Ordinance and State Statute. Staff and the City's ^
consultant reviewed the delineation with a site visit on June 20,
1994. The consultant confirmed the delineation as being
accurate. The consultant stated that the delineation was�
"conservative"; the delineation line was well outside the edge of
the wetland.
It was observed that improper fill of the wetland to the east has
occurred. Barrels, sand, construction debris, grass clippings, �
etc., have been dumped in the wetland. These items should be
removed and the wetland restored.
**Stipulation** The improper fill in the wetland shall be
removed and the wetland restored.
The petitioner is not proposing to drain or fill the wetlands.
Lots 5, 6, and 7, Block 1 will have portions of wetlands on them.
In reviewing the plat, staff has the following recommended
stipulations to preserve and protect the wetlands on these lots:
**stipulation** Restrictive covenants shall be recorded
aqainst Lots 5, 6, and 7, Block 1 preventinq
any filling of wetlands includinq brush,
' grass clippings, trash, etc. Accessory
structures and footinqs for decks, additions,
gazebos, etc. shall not be located in the
wetlands as delineated on the plat. ^
A
� Staff Report
PS #94-05, Keith Ebensteiner
for Biltmore Construction
Page 7
**Stipula�ion** No qradinq shall occur below the elevation of
. . 948 on Lots 5 and 6, Block 1._ No�qradinq •
• . . � . . shall . occi�r below . the el�vation � of . 953 � on Lo.t
. 7, Block�i. � � �
**stipulatiQn** .. The dwellinqs.on_Lots 5,•6, and 7, Block 1
�� •�shall be located a mauimum 10'feet from the
� lot line opposite the wetland.
Trees .
As was stated ear�ier,.a number of.mature trees.•exist in each
par.t of the proposed . plat.� A numbe� o-f tre.es wiT�. need �o be
� removed.in order to const'ruct.the proposed�ro�d•. The developer
� . has � c�earl.y marked the constivction limits on���the proposed �� �
.gradirig plan. The construction limits follow the right�of way
. � � li.i�e� and .in��ude .the � �edimenta�ian `�ond oai:.the north�, �: 6ection
�. -� 211.�08:03-of� the City• Code �equires"'a deve�oper=.to.p.�ai�t:�.two ��
� .trees per lot for.eacYi residential.subdivision.�
�' +�Stipulation** Two street trees per lot shall be planted by
the petitioner.
�
The trees remaining on the lots should not be clear cut. The
grading plan submitted for each individual lot should inventory
all trees 4" in caliper or greater on the lot and indicate which
trees are to be removed for construction of the dwelling. This
shall be done prior to the issuance of a building permit.
**stipulation** The qradinq plans for each lot shall indicate
all trees 4�� or qreater in caliper located on
the lot and shall indiaate which trees are to
be removed to allow construction of the
dwellinq.
**Stipulation** The lots shall not be clear cut.
Environmental Assessment Worksheet
The neighborhood has expressed concerns regarding the
environmental impact of the proposed development (see letter from
Friends of Innsbruck Park). They have informed staff that they
will petition for an Environmental Assessment Worksheet (EAW) to
be completed. If it is determined that an EAW is required, the
rules state that no action can be taken on the project by the
City. The Planning Commission should table action, including
conducting the public hearing, on the request until the EAW is
complete. Staff will provide a verbal update regarding the EAW
� Staff Report
PS #94-05, Keith Ebensteiner
�or Biltmore Construction
. � � Page 8
process at the meeting. .
� ��'RECOPIIKENDATION/STIPULATEONS: . �
Staff recommends that the Planning Commission recommend approval
of the request to the City Council with the following
stipulations: � � • . ' • . �
1. A.restrictive covenant shall be recordeii against.Lot 1 an.d
2, Block 2 preventing.the removal of vegetation except for
dead/diseased trees: - � �
�
2. Outlot A��shail be named as a"lot''•�.�in .the •pl.at. � .�•
3. The dwelling•on Lot 1, Block 1, s�iall fa�e�ROyal Oak Court.
4.� The trees . al�ong� the �side. lot_ l�ine. of Lot 1, Block l, withiri .
. �.,..the: �1•7..5•'•foot setb�cl�..sh��l.l :b�.. �reserved:.: • - : • '. . . � . .
5.
C�
7.
8.
�
Verif�ring surveys shall be submitted prior to the capping of
the foundation.
The petitioner shall pay a park dedieation fee of $1500.00
per lot (9 x$1,500 =$13,500)at the time of building permit
issuance.
The stormwater pond shall be sized to meet the detention
requirements of the City.
The Archdiocese shall execute and record a stormwater pond
maintenance agreement providing for ongoing maintenance of
the pond.
A drainage easement shall be dedicated over the stormwater
pond.
10. The petitioner shall connect the watermain with either the
10-14" or 6" mains located on the property.
11. The petitioner shall dedicate a 25 foot easement over the
water connection line. If the 6" main is used, a 25 foot
easement shall also be dedicated.
12. The petitioner shall install water and sewer services to the
lots on Matterhorn and shall pay the appropriate connection
fees.
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T e
� Staff Report �
�PS #94-05, Keith Ebensteiner
for Biltmore Construction
Page 9 .
13. SAC fees shall be�paid at the time of building permit
issuance. �
14.-� The petitiorier shall� comply�witti the comments�listed in �
Scott Erickson's memo dated June 24, 1994.
15 .. Individ,ual . grading and erosion control plans• shall, be �. .
submitted for�each lot prior to the issuance of a buil�ding
permit. . . .
� 16.
: .� 17-
. 18 .
/"'�
19.
�
The improp�r fill iri the wetland shall be removed and the
wetland restored. �
k2estr.ictive �covenants shall be recorded against�. Lots 5, .6, ...
and 7, . Block 1 p'reventing any �il�lirig of� w�tlands �inc].uding '
brush, grass clippings, trash,�etc. Accessory structu�e�
and footings for decks;•.additions�;• gazebos, .etc.. .sha�ll� not ���� .� �
be� lacated �. 'in �• tl�e wetl�ands as, � 'del�ineated: � bri•� :th,e • p� it . . `� • " .
Nb grading sha11 occur below the elevation�of 948 on Lo�s 5�
and 6, Block 1. No g�rading shall occur below the elevation
of 953 on Lot 7, Block l.
The dwellings on Lots 5, 6, and 7, Block 1 shall be located
a maximum of 10 feet from the lot line opposite the wetland.
20. Two street trees per lot shall be planted by the petitioner.
21. The grading plans for each lot shall indicate all trees 4"
or greater in caliper located on the lot and shall indicate
which trees are to be removed to allow construction of the
dwelling.
22. The lots shall not be clear cut.
P.S. 1�94-OS
Keith Ebensteiner
LOCATIOIV MAP
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a
Keith Ebensteiner
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I�RI1.)1.1:Y MUiVICIPAL CE�TER •t,�l:l l!\1�'I:RSI"fl' AVE. !�.F. FRIDLf�Y, MN 5i�3i? • cl,l?1 i71-3-7�(1 • F,�X i(,I �1 i71-I?H7
June 13, 1994�
Terry Reyes �
1479.North Danube Road N.E.
Fridley, MN .55432 �
� John Halusl�a �
.' S660 �irthur Street `N.. E•.
� Fridley., MN �- 55432,
Dear Mr.:� Reyes �nd Mr. Haluska:
• � �I �recentl.y �: obtained.� a �co�:y:'o��.t�ie.� '!I�msbru�k��.Park!!•� not�.ce '. �� "� � �
� �� distributec� by the. Fr'iends of Ir►nsbruck �Park���� ('undated)�.. �: I liave.' ��
tried to call each of you�regarding some of the� statements in the
notice. I want to clarify the.Community Development Department's
activitie� regarding the proposed replat of the Totino-Grace High
School property and the nature of pur discussions with the �
developer.
The ninth paragraph in the second column of your notice states
that local citizens were made aware of these development plans at
"the final hour". An employee of Totino-Grace, wishing to
purchase a lot from the school, contacted my assistant over a
year ago requesting information regarding how he could do that.
An attorney for Totino-Grace subsequently contacted me and my
Planning Assistant last Fall regarding potential subdivision of
the property. We provided him with basic information on the
platting process. He did not provide us with any detailed
information on the number of lots or timing of the development.
Apparently, Totino-Grace was beginning their decision making
process. We receive hundreds�of calls through the year
requesting information on a variety of issues. Without specific
information, we had no basis to believe Totino-Grace was going to
pursue an application for one or several lots.
On April 7, 1994, I met with Mike Black from Royal Oaks Realty
representing the petitioner. At this meeting, it was �lear that
Totino-Grace was going to pursue an application. My policy has
been to advise petitioners to contact adjacent property owners
well in advance of any hearings or to conduct a neighborhood
meeting. I advised Mr. Black to do just that on April 7,.1994.
�
�
� Terry Reyes/John Haluska
June 13 , 1994
Page 2
Development applications are typically submitted fou�r weeks in
advance of the Planning Commission meeting at which it is to be
considered. The petitioner submitted these plans on Friday, May
27�, 1994. According to, State and. loCal ardinance., . we wii�l .be
mailing out th� public hearing notice for this request' on June
13, 1994 for the June 29, 1994 meeting.
The nirith para�graph .goes �on �to state that negotiations '"are - now
in their final stages and apparently contingent.only on.official
acceptance by.the City of the developer's plan." During the
� me�eting on April � 7, 1994, I provided� Mr. Black with �an �•
application form:for�the plat and we reviewed the.basic ��
information that is�required for an appl,ication. State law
� requires, that a Qlat �e ��-eviewed by the �lannix�g Commissi� arid
�the �City �ouncil:... �he :local subdivision ord�nance requi�res �that .
the •Planning . Comm�ssi.on and the City .Counc.il � conduct' public� .
hearings. City�staff has not conduc�ed.any meetings with the ..
� ownership of Totino=Grace o'ther than to.provide.iri�o�mation �
� regardi`ng �h� publzc � proGess, � necess�ry �a .'sulidi,v�de��: the_ .property.
/� Finally, the notice states that "no formal plans have been
submitted to the City's Planning Department, though there have
been negotiations conducted by the Planning Department with �
Totino-Grace management and attorneys." My staff, as we do with
all subdivision and platting requests, merely provide citizens
and developers with the procedures and the ordinance requirem�nts
€or submitting applications. There have been no negotiations.
Should you wish to review the proposed plat and obtain additional
information from my office, please feel free to contact me or
Michele McPherson, Planning Assistant. We will be happy to try
to address any of the questions or concerns that you have
regarding this development proposal. It was important to me,
however, to address the statements made in your notice.
Sincerely,
Barbara Dacy, AICP
Community Development Director
BD/dn
C-94-152
� cc: William Burns
EngineEriian
Sewer
vJ;ti�r
IParks
�Sueeis �.
'Maintenance
� � ME M4RANDUM �
TO: �
FROM:
� DATE:
. . �. . SUBJ�CT: .
Barba�a Dacy, Community Developmerrt Director� PW94201
Michele McPherson, Planning Assistarrt � .
John G. Flora,1Public Works Director• �
Scott Erickson, Assistant Public Works Director �
June 16, 1994 � � �
` Preliminaty Utility arid Grading Review of the Totino Grace� Plat
P
��
�. � .� 1, .. It is recommended to administer.the project simil�.to tlie street and utili#y consfruction #hat was �
' . : � ... �performed' by . Wa1=M�tt. �. The � developer wil( ptbvide all :platas,��soil :borings; .desigt� inspection� . � � �� �
-��� � surveying and corrtr.act�or.� The developer will petition�the City to administe� tfie construction and .� �
inspectfon �of the road. .
�
2.
3.
4.
5.
6.
7.
8.
9.
Prefer the developer loop the watermain from Arthur Street to the existing main located on the
Totino Grace property.
Install valves on the watermain at both ends.
A 20-ft utility easement wiA be necessary for the watem�ain extension within the plat. Easemerits
in outlot A should be 25 ft wide.
Show the existing invert elevations of the sanitary sewer manholes in Arthur Street.
Design the new sewer main with the maximum grade possible, currently it is shown at minimum
grade.
All utilities shall be instailed per City of Fridley specifications and will be inspected by the City.
The lots located off of Matterhom Drive do not have water or sewer services stubbed to them.
Contractor will install to City standards. Street patch to be completed by City.
Use 20-ft radius 6618 curb retums on Arthur Street.
10. Water and sewer lateral fee assessments will be applied to each lot. An additional street and sto�rn
sewer assessment will be included for the lots located off of Matterhom Drive.
11. Provide a street and utility plan showing plan and profiles.
12. Use NEENAH R-3250-A for catch basin grates and NEENAH R-1733-A lids and castings
(27 in. diameter) for manhole covers. �
�r
i'1
/��'
, .
June 24, 1994
� Page 2
13. Install a grate on the end of the storm pipe outlet.
14. Soil borings witl be required in the stree� design.
� 15. � Erosion coritroJ plans will �need to be subrt�itted for each lot or include them on the plan.
. 16. Erosion control shall aiso be installed around the catch basins. � �
17. Tiae storm pond is cuRentiy located on private property. • ���
18. . Adjust the alignment of.water and sewer rnain locations as noted on the attached drawing.
19. :A StoRn Pond Agreerx�ent will need to be executed. �
. 20. . An easement should be added ar�ound. the pqnc�itig area � The.pond� should be located entirely on� �.
� .� outiot A. . � • . . - .' . .. � . . �
. 21. The City of Fridley. requires a. deterrtion basin'to tie installed to handle.the increased flow rates
. � � � :c�used bythe�development, �Pleasesubmi# pre.and posfideyelopment�hydrolcxgy calculations,:tiirie� . �
� .� .� `of concentration�cafculatioris, ponding� calctirations; anc! hydraulic calcul�#ions�for a dete'rition. pond '
with a restricted out(et. Provide a narrative on what you are proposing to do. �
.�
22. An overflow outlet should be clearly shown on the plan. The outiet should be constructed to
overflow and tie irrto the existing stoRn pipe located in Arthur Street.
23. The cul-de-sac should have a radius of 45.5 fee� Adjust curb and right-of-way lines accordingly.
SE/JGF:cz
Ke�th Eibensteiner
Biltmore Construction
P.S. #94-05
Robert Sroka
1243 Gardena Ave.
Fridley, MN 55432
Richard Alexander
7.2 81 Gardena Ave . � '
Fridley, NIN 55432
Roger Schutz _ �
• 5991 Gardena'Ln. � � '
Fri�dley, MN 55432
Keith.Eibensteiner�
Biltmore Construction�
4196�Lexington Ave. N.
Shoreview, MN 55126
Patty Scott
1�47 Gardena Ave.
Fridley, NIN 55432
Spencer Mine�r -
12�91 � Gardena `Ave . �
Fridley, MN 55432
Leo Foco. �
1345 Gardena Ave.�
Fridley,.MN 55432
Steven. Benson . � Pearl Ager .
5910 Oakwood Manor Nanette Neron
Fridley�, �NIN � 55432:, �_ 569.7 ,W.. Bavarian� Pass
. � � . � . . . . . � • , : � � Fridley; ` MN• 554.32. � .':: :.
Joyce Sitko
5693 W. Bavarian Pass
Fridley, MN 55432
Barbara Hovey
5685 W. Bavarian Pass
Fridley, MN 55432
Anthony Wojciak
1515 Trapp Court
Fridley, MN 55432
Judith Skillin
5662 W. Bavarian Pass
Fridley, MN 55432
Thomas Rocheford
5695 W. Bavarian Pass
Fridley, MN 55432
Lloyd Underhill
1511 Trapp Court
Fridley, MN 55432
James McConnell
1513 Trapp Court
Fridley, MN 55432
Robert Spencer
5656 W. Bavarian Pass
Fridley, MN 55432
Totino-Grace ,
High Schooi
1350 Gardena Ave.
Fridley, MN 55432
Ki Han
1251 Gardena Ave.
Fridley, MN 55432
Lgle� ElYpberg .
5801 Arthur St.
Fridley; MN 55432
Gerald Burrqw
5924 Oakwood Manor
Fridley, MN .55432
0
�
�
Harriet Bellew �
�: 5691 W. Bavarian Pass
�� � Fridley,� NIlT �55?�32 �
Samy Ahmed n,
5683 W. Bavarian Pass
Fridley, NII�T 55432
Karyl Belknap
1517 Trapp Court
Fridley, MN 55432
Barbara Pickering
5664 W. Bavarian Pass
Fridley, NIlJ 55432
Lowell Russell
5680 W. Bavarian Pass
Fridley, MN 55432
Raymond Krech Mary Wright Donald Tonn
5686 W. Bavarian Pass 5684 W. Bavarian Pass 5682 W. Bavarian Pass
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 %�
I,oui�s .Hudoba
5G60 W. Bavarian Pass
Fridley, MN 55432
Bailey Tiller
1535 Gardena Ave.
Fridley, MN 55432
David Shafran
1499 Garde�a Ave.
Fridl�y, MN 55432
Mary Christenson
1337 Gardena Ave.
Fridley, MN.55432
Charles Croon �•
1437 Gardena Ave.
Fridley; MN 55432
Y� Foco
�5 Gardena Ave.
Fridley, MN 55432
James Soderberg
5875 Tennison Dr.
Fridley, MN 55432
John Evers
5801 Tennison Dr.
Fridley, MN 55432
Arthur Moore
5833 Tennison Dr.
Fridley, MN 55432
Dale Kreitz.
1612 Berne Circle
�\dley, MN 55421
Arthur Hartley
5666 W. Bavarian Pass
Fridley, MN 55432
Stephen Shorma
5916 Oakwood 1�Ianor
Fridley, MN 55432
Richard Palme'r
13 2�9 Gardena �Ave : �
Fridley, NIN 55432
Richard French
1469 Gardena Ave.
Fridley�, MN 55432
Davicl Omli�e • •
1423. G�rdena Ave.
Eridley, NIN 55432 �
Bruce Beierman
5895 Tennison Dr.
Fridley, MN 55432
Duane McGonigle
5865 Tennison Dr.
Fridley, MN 55432
Kenneth Florian
5849 Tennison Dr.
Fridley, MN 55432
Ronald Noren
5825 Tennison Dr.
Fridley, MN 55432
Current Resident
5809 Tennison Dr.
Fridley, MN 55432
'Jerome Tiller
P.O. Box 222
Dassel, MN 55325
Steven Benson
5910 Oakwood Manor
Fridley, MN 55432
Spencer Minear .
1291 Gardena Ave.
Frid�ley, MN 55432
Dorothy Baxter
1465 Gardena'Ave.
Fridley, � NIl�T 55432
Dean Johnson � �
T4-13 Gardena Ave.
Fridleg, MN � 5543-2
Michael ieliltfang
5885 Tennison Dr.
Fridley, NIld 55432
David Fuhrmann
5855 Tennison Dr.
Fridley, MN 55432
Eleanor Caputa
5841 Tennison Dr.
Fridley, MN 55432
Gary Erickson
5817 Tennison Dr.
Fridley, MN 55432
Lawrence Hille
5712 Matterhorn Dr.
Fridley, MN 55432
Dona�ld Brunner
5700 Matterhorn Dr.
Fridley, NIN 55432
Gerald Scovil . �
5760 Matterhorn Dr.
Fridley, MN 55432
Roger Engstrom � .
572��Ma�terhorn Dr.
Fridley, NIN 55432
Terryl Anderson
5860�Matterhorri Dr.
�Fridley, MN 55432.
Vaughn Vesall
5790 Matterhorn Dr.
Fridley, MN 55432
Young Han
574� Matterhorn Dr.
Fridley, MN 55432
Ros.e.len Halvorson
1250 G��dena Ave.�
Fridley; MN 55432
William.Graffunder
5840 Matterhorn Dr.
Fridlep, MN 5543�2
James McSharie• � � • � Che'ryl � Nybo
5800.Ma�terhorn Dr.. 1612 Berne Circle
� Fridley, MN ,5�432.. . � " , .-Fridley., MN � �554�21.
Minda Castillejo�
5776 Matterhorn Dr.
Fridley, MN 55432
Michael Ryan
5736 Matterhorn Dr.
Fridle�, MN 55432
� Bradley �eving
5880 Matterhorn Dr.
Fridley, N!N 55432
Robert Schei
5812�Matterhorn Dr..
Fridley., MN 5543.2.
Ja�nes� JohMSOn. �
�� 5657 N.: Danube Road
. Frid�ey,,MN 55432
9
^
Timothy Redfield
5643 N. Danube Road
Fridley, MN 55432
Michael McDonough
1439 N. Innsbruck Dr.
Fridley, MN 55432
Robert Swanson
1480 N. Danube Rd.
Fridley, MN 55432
Donald Peters
1438 N. Danube Rd.
Fridley, MN 55432
James Bernard
1424 N. Danube Road
Fridley, MN 55432
Rasheed Kahn
1455 N. Innsbruck Dr.
Fridley, MN 55432
Lowell Mellum
1464 N. Danube Rd.
Fridley, MN 55432
Dwaine Overby
1248 Hathaway Ln.
Fridley, MN 55432
Paul Nelson /�
1425 N. Innsbruck Dr.
Fridley, MN 55432
Teresa Koller
1498 N. Danube Rd.
Fridley, MN 55432
Charles MacFarlane
1452 N. Danube Rd.
Fridley, NIN 55432
Stuart Thompson
1264 Hathaway Ln.
Fridley, MN 55432
William Drigans James Iacono Doyle Mullin
1280 Hathaway Ln. 1217 Hathaway Ln. 1233 Hathaway Ln.
Fridley, MN 55432 Fridley, NIN 55432 Fridley, MN 55432 �
Roger Sonstegard
1249 Hathaway Ln.
Fridley, MN� 55432
,�
Lavid Harris
5695 Matterhor.n Dr.
Fridley, MN 55432
Daniel Larson �
.565D� W. �•Danube. Rd-. �
Fridley, MN 55432
James Wolfe
1265 Hathaway Ln.
Fridley, MN 55432
Benja�in Ewers
5680 Matterhorn Dr.
Fridley, MN 55432
Kenneth Bureau
�• 563O:�W. Danube �Rc�: •
� Fridley, MiJ 55432
Orville Sachs
1281 Hathaway Ln.
Fridley, MN 55432
Robert Neessen�
5666 Matterhorn Dr.
Fridley, MN 55432
David Roberts
1401 N, Innsbruck Dr.
Fridley, NIIJ �55432
Elmo Ness . Leslie-Gerdin Leigh Angle
5647 Ma�terhorn Dr. 5663 Ma�terhorn Dr. . 5679 Matterh�orn DY. ��
F•ridley, MN 55432 � Fridley, MN 55432 Fridley, MN 55432
JosepYi Andert � � Bradiey Dunham �. •� � • . � Rpbert �etzold -� � . � .
1445 N. Danube Rd: 1427 N. Danube Rd. 1421 N. Danube Rd:
Fridley, MN 554�32 , . . . . .Fridley, NIId � 55432 : . Fridley; NIIJ � 5�432 �
�.. "..• . .. . : : • �� .,: . • . . : . .. . . • •. �. .� : . �.' � . t �I
Ifw�t Bergene
. 5 N. Danube Rd.
Fridley, MN 55432
Kenneth Ness
5688 Arthur St.
Fridley, MN 55432
Terry Reyes
1479 N. Danube Rd.
Fridley, MN 55432
Jacob Wiens
5809 Arthur St.
Fridley, MN 55432
Hein Tran
5670 W. Danube Rd.
Fridley, MN 55432
Milton Bullock
5674 Arthur St.
Fridley, N!N 55432
Duane Narog
1465 N. Danube Rd.
Fridley, MN 55432
Gordon Backlund
5805 Arthur St.
Fridley, MN 55432
Bradley Carlson
5660 W. Danube Rd.
Fridley, NII�T 55432
John.Haluska
5660 Arthur St.
Fridley, NIl�T 55432
John O'Brien
1453 N. Danube Rd.
Fridley, MN 55432
Daniel Echols
5855 Arthur St.
Fridley, MN 55432
Anthony Kahlhamer Michael Berchin Donald Moore
5837 Arthur St. 5829 Arthur St. 5821 Arthur St.
�dley, MN 55432 Fridley, MN 55432 Fridley, NIN 55432
Payn�ond Renner
1564 Gardena Ave.
Fridley, MN 55432
Dean Anderson
5871 Arthur St.
Fridley, MN 55432
Donald.Lewis
6001 Garclena� L�n.
Fridley, NIN 55432
Gregory Lytwyn .�
6010 G�ardena Ln.
.Fridley, MN, 55432
�City Council Members
William Simms
1494 Gardena Ave.
Fridley, MN 55432
Charles Erickson
1508 Gardena�Ave.
Fridley, MN 55432
Prokash Purohit �
5885 Arthur St.
Fridley, MN 55432
John Tiller
1538 Gardena Ave.
Fridley, MN 55432
Lonita Kiiber, . . � .Wendy :Backer. . : .
�� 5951 Gardena Ln. 1495.Gardena Ave.�
Fridley, MN 55432 � Fridley, MN 55432
�J�ffrey Hagen . .Planning. Comm.. Chair
5980 Gardena Ln. � .
Fridley, MN 55432 �.. .
g
�7
�
i��
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, June 29, 1994 at 7:30 p.m.�
for the: purpose of; . . . �
Consideration of a Preliminary P1at request,
P.S: #9�4-05, by Keith Eibensteiner for •�� �
' Biltmore Construction of. New Brighton, Inc., ._
. to�subdivide-part of Lot.l, B1ock.'1; Grace �
High S�chool Addition into nine new s•ingle .
family lots,�generally located in the � �
. southeast�corner of the Totino-Grace High
.School .p�operty �a,t .1350 Gardena Avenue N.�E. �.. � �
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than June 22, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above.stated time and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 571-3450.
Publish: June 14, 1994
June 21, 1994
/""\
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
�- ��
� e �;;; �.
�( � .3 y
��;��
���.
Totino-Grace
High School �
1350 Gardena Avenue NE
Fridley, Minnesota
55432-5899
June 8, 1994
Barbara �Dacy, A�ICP
Community Development Director
6431 University Ave. N.E.
Fridley, Minnesota 55432
RE: Totino-Grace Addition
Dear Ms. Dacy:
0
The Archdiocese of �� Paul and Mi�neapoiis is the fee .owner of the Totino-
si2 sii-si�s •. � Grace Hi h School and its cam �us. VVe have entered into.�a purchase�agree-
Fax 612.571-9118 . g . P
ment with Mr. Keith Eibensteiner, Biltmore Construction, Inc. for the sale of
approximately 4.2 acres. We are also aware of their application for prelimi-
nary plat approval showing nine single family lots.
Yours Truly,
�i�, ��
�Brother Milton Barker
President
BMB jch
� �
� �
^
�
/'`,
�`'� CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432 .
'�
�
(612) 571=3450 COMMUNITY DEVELOPMENT DEPARTMENT
PLAT APPLICATION FQRM
PROPERTY INFORMATION - site p.lan required for submitta.l; see attached
Adtiress: � � � � ' �
Property Identification Number (PIN) 24-30-24-130003 -
Legal description: Lot 1, Block 1, Grace High School Addition •
L'ot. Block • ' 'I"racdAdditio� � � �
� Current zoning: • R-1 • Square footag�acreage' � �
Reason forpla� subdivision of nine new single famil.y lots
. Have•you operA.xed a business in a ci�.y which required a business license?
� Yes No X If yes, which city� � ��� '
^ If yes, whax rype of business? NA
Was that license ever denied or revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
NAME Keith Eibensteiner-Biltmore Construction of New Brighton, Inc.
ADDRESS 4196 Lexington Avenue North
Shoreview, MN 55126 DAYTIl�IE PHONE 483-5518
SIGNATURE DATE a, � 7 ��
PETITIONER INFORMATION
NAME
ADDRESS
DAYTIME PHONE
SIGNATURE DATE
Fee: �500.00 for 20 ots �_ $ 15.00 for each additional lot �
� Permit P.S. # �' 'pt # � c� a 3 _
Application received by: �'/ ,o
Scheduled Planning Commissio date. L
Scheduled City Council date:
,
` r'� iminar� at o
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i) 2 foot contour interval.
2) 1YeUands delincated by Arlig Engir.eering.
3) Topographic mapping is only sho�•n for
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4J Aveinye /of oiFO = /< /oD Sr. !�
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i hereby cerli;thot lhis survey, pfon, or
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E_ C�. RUD � �ONS, INC_
LAND SURVEYORS
�IBm LEXINGTON AY—�. NO,
ciecL� Pi�;�s, �i���soTa
55m14-3625 TEL. �So-55�✓-6
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______� �_ __ Preliminar� C�€rading Plan oF
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oreview -1`'in. 5512� � � NORTH HALF OF ORAWNC NOT.TO SCAIE n � \ V� `
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Deseription of Property ; ; � � ' �� � ` � _ �
�k 1, Grace High School Addijtio� i- �� r�, �� ��� ,, � �� j
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LANJ SURVEI'ORS
918� LEXI�C�TON A1/�'. \O.
CIRGLE PIt�ES, MI�IN�SCTA
55D1�-3625 TEL. �86-b��6
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S TAFF REP C) RT
Community Development Department
APPLICATIO.N NIIMBER:
.L. S . #94-0.1
YL''i1111U1VLiR:
Charles Westling
Appcals Co«imission Datc
Planning Co�nitiission Date =
City Council Datc
�
June 29, 1994
LOCATION•. . . � .
�5400�- 4th Street; northwest corner of tfie.intersection of 54th
Avenue and 4th Street: � � � �
' � . REOIIi;S.T • � . � . . . . . . . .
� Split one parcel into two residential lots.
� ANALYSIS�
Project/Parcel Description
The subject parcel is composed of 10 platted lots, minus the
portion taken for highway purposes for the I-694 entrance ramp.
The lots are combined into one PIN number. Located on the parcel
is a single family dwelling and a detached garage. An old
foundation is also located on the property north of the existing
structures. There are a number of large mature trees located on
the property. The property is zoned R-3, General Multiple Family
Dwelling.
The petitioner is proposing to split the lot on one of the
existing platted lot lines. Typically, this would be handled
administratively as a division. However, due to the unique shape
of the lot, variances will be required as the petitioner proposes
to construct a four-plex on the vacant portion of the lot. The
City Attorney advised staff that as variances are required, the
lot split and variance process should be pursued by the
petitioner.
District Requirements
� The R-3, General Multiple Family District allows one, two, and
multiple family dwellings as principle uses. For one family
� dwellings, the R-1 District requirements must be met. The lot
�
�"�
Staff Report
L.S. #94-01, Charles Westling
Page 2
split will create a separate parcel
and 1�10 feet wide for the existing
meets the minimum requirements for
requir.ements are also inet. :
15,437 square feet in area
single family dwelling. This �
the R-1 District.�� The setback �.
The vacant parcel has.a lot area of 18,047 square feet and a lot
width of 303.76 square feet. Both meet the minimum requirements
for the R-3 District. The parcel is shaped T�ike�a 30-6U-90�right
triangle, which leaves a small buildable area after the setbacks
are�applied. The lot is�double-fronted because of the I-694 ..
right-of-raay, therefore a 35 foot setback is�required for both
the front and rear yards. The petitioner has submitted site
plans for both a single family and multiple family dwellinc�. The
single fami�ly. dw�lling can be�constructed on the parcel: without•
variances. The peti�ioner, however, wants. tti cor�struct a�four-
plex, which will require a variance for the garages as well as a
port�on of the dwelling. Approval of.the lot split should be
contingent on:.approv.al o€ the variance req�est. � .
**Stipulation** Variance Reque�t,�VAR�#94-10 shall.be �.
approved. �
Access and IItilities
The parcel has access onto 4th Street. A curb cut is located
the southern portion of the vacant parcel. It does not appear
that the petitioner will be able to utilize this curb cut for
proposed garages. The petitioner will be required to replace
curb cut when a new one is constructed.
**Stipulation** The petitioner shall replace the euistinq
curb cut when a new curb cut is installed.
on
the
the
Sewer and water services have been stubbed to the property line
for the vacant parcel. The petitioner will be required to pay
Sewer Availability Charges (SAC) at the time of the building
permit. The petitioner should verify with Metropolitan Waste
Control the exact amount of the fee.
**Stipulation**
Grading and Drainage
SAC fees shall be paid at the time of
building permit issuance.
The petitioner did not submit a grading and drainage plan as part
of the lot split application. The petitioner will be required to
^ submit such a plan prior to the issuance of a building permit.
The grading plan should show the existing and proposed
topography, the location of the existing trees, indicating which
r�-� Staff Report
L.S.. #94-01, Charles Westling
Page 3
ones will be preserved, and spot elevations for the drainage. An
erosion control plan may be required. A decision regarding the
erosion control�wi�ll.be�made based on the grading plan submitted.
**stipulation*+� •'� The� •petitioner shall submit a�qradinq and'
� drainaqe plan prior to the issuance of a
buildinq permit. .
Parlc Fees
The subdivision ordinance requires the payment of park dedication
fees. �he fee will•be $'750.00, to be paid at the time of the
building permit.• . � .
**Stipulation**�� � A�.park fee of.$750.00 shall be paid at the .
.� issuance of a buildinq permit. _ �
. Light Rail Tiamsit . _ � . " � ._ �
� Th�e subject par�el. has been iricluded in the preiiminary Ligiit
Rail Transit plans as a potential parl� and ride site. The
^ petitioner has been made aware that Anoka County is looking at
the subject parcel for that purpose. Anoka County continues tQ
be responsible for LRT planning activities:
AECOMMENDATION/STIPIILATIONS: '
Staff recommends that the Planning Commission recommend approval
of the request with.the following stipulations:
1. Variance Request, VAR #94-10 shall be approved.
2. The petitioner shall replace the existing curb cut when a
new curb cut is installed.
3. SAC fees shall be paid at the time of building permit
issuance.
4. The petitioner shall submit a grading and drainage plan
prior to the issuance of a building permit.
5. A park fee of $750.00 shall be paid at the issuance of a
building permit.
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,—� CITY OF FRIDLEY p
6431 UNIVERSITY AVENUE N.E. �
ERIDLEY, MN 55432
(612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT
LOT SPLIT APPLICATION FORM
PROPERTY INFORMATION - site plan required for submittal; see attached
Address: _ �� `� � c� �� �� � `t- i.l .'t � �r; ; t�. � : � . � .
Property Identification Number (PIN) '
Legal description: � � � �
Lot _ _(� -- i b � Block 1 %- 'TracdAddition �i �• ��' �-► `'= T� ut� , � � ��f �,�� � � • �+ , �. `
� . Gurrent zqning: � h -, � S�quare �footagelacre�ge : : 3 3 � y �S `i � �= .
� - Reason for. lot split: ��' ; � � n �-► . � �- � � � � �
� � Have• you operated a .business in a eity which reyaired •a business license?. - � � . � . � • �
: � �Yes � . No � � � If�yes, �vhich�city? � � � � �
�„� If yes, what type of business?
Was that license ever denied or revoked? Yes No
FEE OWNER INFORMATION (as it appears on the property title)
(Contract Purchasers: Fee Owners must sign this form prior to processing)
,
NAMF (� �/ :�=►-.-r � �- -c i � . i .: : �- �. r . . �- � �
ADDRESS i 2 � - 7ln � �1�-' � `-�
�2 i D . � ,. .e DAYTIME PHONE � �1 Z. - c� � Z �i
SIGNATURE C� i,�, � • '� , U�e,.� � DATE `� - Z �' `� �
PETITIONER INFORMATION
NAME
ADDRESS
SIGNATURE
DAYTIME PHONE
DATE
Fee: $250.00 �
Peimit L.S. # �' �'I -O I Receipt # � �� I _
� Application received by:
Scheduled Planning Commission date: �'��u' ��� % c/ y
Scheduled City Council date:
�,
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C1TY OF
FRIDLEY
FRIDLEY MUN(CIPAL CENTER • 6431 UN1�'ERS[TY AVE. N.E. FRIDLEY, MN ii.�;? •(61?) S71-3450 • FAX (612) 571-12K7
June 10, 1994
TO WHOM IT MAY CONCERN:
The City of Fridley Planning Com�ission•will be holding an
informal hearing on a lot split, L.S. #94-01, by Charles
Westling, to split Lots 6- 16, Block 12, Hamilton's Addition to
Mechanicsville into two separate lots, generally located'at 5400
- 4th Street N.E. The legal descriptions for the two lots are as
follows:
Tract A: Lots 6,. 7,,8, 9,�10, 11, 12, and 13, Block
12, Hamilton's Addition to Mechanicsville, Anoka �
. County, Minnesota, except.that part lying westerly of
�,,,� the east right-of-way line of State Trunk Highway No.
47 (University Avenue N.E.)
Tract B: Lots 14, 15, and 16, Block 12, Hamilton's Addition
to Mechanicsville, Anoka County, Minnesota, together with
that part of vacated 54th Avenue N.E. and the vacated alley
accruing, except that part lying westerly of the east right-
of-way line of State Trunk Highway NO. 47 (University Avenue
N.E.)
Any and all persons desiring to be heard shall be given an
opportunity at the Planning Commission meeting on Wednesday, June
29, 1994 at the Fridley Municipal Center, 6431 University Avenue
N.E. at 7:30 p.m. Any questions related to this item may be
referred to the Fridley Community Development Department at 571-
3450.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than June 22, 1994.
. •-. DAVID NEWMAN
CHAIR
PLANNING COMMISSION
�,
. 9, �
i"�.
��
L.S. ��94-0]
Charles Westling
Charles Westling
125 - 76th Way N.E.
Fridley, MN 55432
Darrell Koopman .
5397 Altura -Road �N.E.
Fridley, MN 55421
Thomas Comtners
5337 Altura Road N.E.
Fridley, NIN 55421
Gerald �Bak�r
5347.Altura Road N.E.
Fridley, MN' S5421�
Richard Motter
5357 Altura Road N.E.
Fridley, I�IN : 554;21
Paul Corbett
5367 Altura Road N.E.
Fridley, MN 55421
Walter Olstead
5377 Altura Road N.E.
Fridley, MN 55421
Michael Schroeder
5387 Altura Road N.E.
Fridley, MN 55421
Planning
MAILING LIST Council
Current Resident
5410 - Sth Street N.E.
Fridley, MN 55421
Neil Schuld.t . .
2634 - 116th Avenue N.W.
Coon Rapids, MN 55433
Current Resident
5400 - 5th Street N.E.
F.'ridley,� MN 55421 � •
Samuel Hertogs
999 Westvi,ew Drive .
Hastings, I.KN 55033
Current Resident
5�+01 - 4th Street N.E..
F;idley�, �MN� 5-5421:
James Weatherly � �
5114 Nicollet
Minneapolis, MN 55419
Current Resident
5400 - 4th Street N.E.
Fridley, MN 55421
6/]0/94
Harlan King
5436 - Sth Street N.E.
Fridley, MN 5542]
Current Residenf �
5428 - S.th Street N.E.
Fridley, MN 55421
Jain Pankaj'
5430 - Sth Street N.E.
Fridley, MN 55421
James Peng
6 We.st Logan -
West St. Paiil, MN 55118
Elroy/Rinehart Kurtz
5420�- 5th Street N.E.
Fridley, NIN 5542.I
Stephen Lischalk
5357 - 4th Street N.E.
Fridley, MN 55421
Larry Nelson
5323 - 4th Street N.E.
Fridley, MN 55421
Current Resident Current Resident
5419 - 4th Street N.E. 5339 - 4th Street N.E.
Fridley, MN 55421 Fridley, MN 55421
Douglas Fiege John Jensen ��ohn Prebarich
5461 - 4th Street N.E. 6070 - 6th Street N.E. 10704 - llth Avenue North
Fridley, MN 55421 Fridley, MN 55421 Plymouth, MN 55441
Violet Butgusaim
5459 - 4th Street N.E.
Fridley, MN 55421
Deborah Hobson
5457 - 4th Street N.E.
Fridley, MN 55421
Patricia 0'Bannon
5455 - 4th Street N.E.
Fridley, MN 55421
LuRoy Krumweide
5435 - 4th Street N.E.
Fridley, MN 55421
Steven Smith
5423 - 4th Street N.E.
Fridley, MN 55421
Joseph Vasecka
5427 - 4th Street N.E.
Fridley, NIN 55421
Current Resident
5450 - Sth Street.N.E.
Fridley, MN 55421
Richard Tkaczik
12323 Gladiola N.W.
Coon Rapids, NIN 55433
Current Resi3ent
5347 - 4th Street N.E.
Fridley, NIN 55421
Duane Schwartz
2525 - 118th Avenue
Coon Rapids, MN 55433
Curtis Lindberg
5353 - 4th Street N.E.
Fridley, NIIJ 55421
Current Resident
5380 - 5th Street N.E.
Fridley, MN 55421
L
��
U
L.S. #94-01
Charles Westling
Page 2
Current Resident
5370 - 5th Street N.E.
`• �Fridley, NIN 55421
�
r '� ugene Welter
� 5704 - 56th Avenue North
Minneapolis, MN 55429
Michael Anderson
5360 - 5th Street N.E.
Fridley, NIN 55421
Steven Soderholm
5336 - 5th Street N.E.
Fridley, MN 55421
Current Resident
5333 University Avenue N.E.
Fridley, MN 55421
�„� Jerome Schurstein
' 1102 - 43 1/2 Street N.E.
Fridley, MN 55421
Current Resident
5384 - 5th Street N.E.
Fridley, MN 55421
Eugene Wright
`. 1848 Pumice Point
- Eagan, MN 55122
Joyce Zimmerman
5380 - 4th Street N.E.
Fridley, NIN 55421
Richard Kappes
3129 Webster Avenue
Minneapolis, MN 55416
Current Resident
5370 - 4th Street N.E.
Fridley, MN 55421
Thomas Zandlo
5334 - 4th Street N.E.
� Fridley, MN 55421
Homer Melton
5334 - 4th Street N.E.
Fridley, MN 55421
Current Resident
5330 - 4th Street N.E.
Fridley, MN 55421
Herbert Ledo
5326 - 4th Street N.E.
Fridley, MN 55421
Planning Comm. Chair
City Council Members
� --
,---y
�
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DATE:
TO:
FROM:
SUBJECT:
Community Development Department
PL�?►NNING DNISION
City of Fridley
June 21, 1994
Planning Commission
Barbara Dacy, Community Development Director
Steven Barg, Planning Assistant
1994 CDBG Human Service Funding Recommendations
On June 9, 1994, the Human Resources Commission (HRC) met to
develop the funding recommendations for the 1994 Community
Development Block Grant (CDBG) Human Service funding allocation.
Listed below are the HRC's funding recommendations for 1994.
Attached to this memo is a copy of the unapproved meeting minutes
further explaining their decision.
Or4anization
Alexandra House
Arc of Anoka County
Central Center
for Family Resources
CHAP Store
City of Fridley Recreation
Community Emergency
Assistance Program
F'amily Counseling Clinic
Northeast
Northwest Suburban Kinship
R.I.S.E.
St. Philip's Lutheran Church
Tamarisk
Recommendation
This Year's
Reuuest
$ 4,500
$ 1,400
$ 3,000
$ 3,968
$ 5,000
$ 3,000
$60,000
$ 1,500
$ 5,000
$ 3,000
$ 7,735
$98,103
Amount
Recommended
$ 2,500
$ -0-
$ 1,000
$ 3,000
$ 5,000
$ 3,000
$ 3,000
$ 500
$ -0-
$ 3,000
$ 4,000
$25,000
Staff requests that the Planning Commission review this item and
express any concerns or requests for changes to the funding
recommendations. The Council will consider these recommendations
and make its final decision on the funding recommendations at its
July 11, 1994, meeting.
SB:ls
M-94-349
�
: 1
HUMAN RE30IIRCE8 COMMISSION MEETING, JLJNE 9, 1994 PAGE 2 �
�
yea�r, they s�rved 111 geople from the. City of Fridley. The rec�uest
is for advocate salary and in-service training. It is not as if
the program is not as good as last year, they just have less money
to work with. She believed $3,000 is a fair amount because they
are getting a good return on the investment.
Mr.� Coverston agreed.
Mr. Welf agreed with Ms. Mau's comments, but he re�ommended $2,500
in .funding. . �
Amount Recommended - $2,500
_�� Arc of Anoka Countv�- Request: 51,400
0
Ms. Mau recommended� no funding this year, partly�because -the� �
served only 3-4 people in the City last year. This means it cost
$200-$250.per person, and.they cannot help enough people with the
. small amounts that the City of Fridley is providing. She felt the
� money co.uld be funneled into other.programs�where it could i�e use.�
. . by: more peopl� . � � . . . . . - .. �
Mr�. Welf agreed.
,--�
Mr. Coverston stated he went with the thought that there are 3-4
that will not go to camp this year. `J
Mr. Welf stated there are other programs with better records for
serving more people.
Ms. Mau stated this agency gets funding from other sources so they
have other sources for these kids.
Amount Recommended - $ -0-
Central Center for Family Resources - Request: 53,000
Ms. Mau stated this is the same program as last year. It does not
fit "new and innovative". The organization gets funding from other
sources. She would personally rather see funding go to those who
do not have other resources. She recommended no funding unless
funds were available after ttie other allocations were made.
Mr. Welf stated they talked about going to the schools and dealing
with children at the schools. They did not say anything about what
happens after school closes. He would also recommend no funding
based on the fact that this is not new and does not fit the
criteria.
�
�
a �
�.
HIIMAN RESOIIRCE3 COMMISSION MEETING, JIINE 9, 1994 PAGE 3
Mr. Coverston stated he i� concerned.about�the.fact that.there�is
a waiting list and they cannot help all those who come to them.
He recommended funding because of the waiting list.
Amount Recommended - $1,000
CHAP (Carinq, Helpina and Providinq) CorQ. - Request: 53,968
Ms. Mau stated she was impressed with the program. They have 93
�amilies in Fridley alone. They are expanding constantly, and they
are totally nonprofit.
Mr. Welf stated he visited the store. The store is well run and
the staff was working fiard. I.f these pe.ople get displaced.during
the funding.year and do not serve the Fridley.area, he recommends •
funding be cut off for the period �hey are not there.•
Ms. Mau stated what impressed her the most was that the people do
r�ot draw any money out of it. Everything that comes in goes back
to the people. ". .� � � ' .� . . .
�Mr. Coverston stat�d he q�iestioned � in the � budget� the. $5, 000 in
tithes. He was not sure this was appropriate for an agency serving
� others.
� Mr. Barg stated they can stipulate the money is to be used under
certain circumstances. If not, the funds will not be allocated.
CHAP may have a plan in place for what they are going to do if they
are displaced from their current location.
Mr. Oquist stated he understood this agency wanted to be in this
area in order to service more people. The.money was requested for
insurance.
Ms. Mau stated she would recommend funding of $3,000.
Mr. Coverston stated he was impressed with the services provided
and how much they provide as individuals. He recommended funding
between $1,500-$2,500 because he was not sure that the tithing was
appropriate for an agency serving others.
Mr. Oquist stated this is a new request, an innovative program, and
they are serving a large number of people.
Ms. Mau stated she liked the idea that they are asking for
something that is a basic need. They are not pulling any money
out. If they need help with insurance, she thinks it is okay.
Mr. Oquist stated they have good control. They serve 93 families.
" He recommended $3,000.
� i
HIIMAN RESOIIRCES COMMI33ION MEETING, JIINE 9, 1994 PAGE 4 �
,�
Mr. Barg stated that if the tithing is a concern, he can contact
CHAP and ask about it.
Amount Recommended - $3,000
City of Fridley � -
Recreation and Natural Resource Department - Rectuest: 55,000
Ms. Mau stated the program showed real positive results last year.
The response was good. They served a 1ot of kids, and 100% of the
funding went to scholarships. This year, they figured out a way
to have shared districts. She could not come up with a reason to
not fund for another year. They are changing the program.. She
foresees the program growing:to be something that will.include all
the�.school districts in'the City and�still have'many opportunities •
for the kids. �She r.ecommended full funding. � � �' ��
Mr. Coverston stated they are certainly serving a lot of kids.
Mr. Oqui.st stated it is i�nportant that they learned �from��last� year. -� •
They are �raorking wit17� the other school � districts to . expand �he �
program. It is a viable program, and he would recommend funding
.for one more year to a11ow the program to expand. �
. �
Mr. Welf stated the program still fits into the criteria for �
funding.
Ms. Mau stated she checked to see how the summer programs were
going. They are getting a good sign-up. One program they did not
get good participation on last year was.called Blast which was two
days a week from 1:00 p.m. to 4:00 p.m., and the kids did a variety
of activities. This year the participation is up. The program
seems to be catching on.
Mr. Oquist stated kids tend to shy away from a program the first
time but, when they hear from others how much fun it was, they want
to go and participation increases.
Ms. Mau stated this is also keeping kids busy.
Amount Recommended: $5,000
Communit Emer enc Assistance Pro ram Inc. - Re est: 3 000
Ms. Mau stated they served 906 families or 2,700 individuals last
year from Fridley alone. That is a major amount of participation
for Fridley people.
Mr. Coverston stated he liked the approach to provide unusual ways
in which they help those who would have trouble getting help. ''�
,•--.
�
HIIMAN RESOIIRCES COMMISSION MEETING, JUNE 9. 1994 PAGE 5
Ms. Mau stated she liked the way they.help•fam�lies
their own. More programs like this will be needed if
minimum welfare bill is passed. CEAP is one of those
moves people along better than other programs.
Amount Recommended - $3,000
get going on
the two-year
programs that
Familv Counselinq Clinic Northeast - Request: 560,000
Ms. Mau stated she liked the program. No one gets paid. They do
this on a volunteer basis. Two thousand people were served. When
she first read the request, she did not like it; but when she found
out these were volunteer hours and staff was not drawing a salary
for its �.time, �she was convinced. She .recominended �$3, OU0 to � get
them going. �They also'do not get funding froin other sources.
Mr. Welf stated he felt $3,000 is a fair amount considering this
is the first request. .
Mr. Oquist stated this is a first-time program.
Amouint Recommended - $3, 00�0.
Northwest Suburban Rinship, Inc. - Request: 51,500
Ms. Doody stated that, at this point, she could care less if the
program is not funded or given $1,500. They can use $1,500. They
can use $5,000. She is more concerned about the way she has been
treated in the past by the Commission. She is concerned about the
Commission members who met with the program's representative and
the way she was treated last year and more so this year. Because
Ms. Peka is a handicapped person, theg are trying to help her
minimally by giving her a salary for her services at $5.00 per
hour. Who among those present would work for $5.00 an hour? With
the way she was treated, she came back to Ms. Doody and her self-
esteem was zero. Ms. Doody felt her representative was badly
treated. Her program works with kids with low self esteem.
Ms. Doody stated that before coming to the meeting, she received
a call from a parent who wanted her child in the program. As of
this time and as of a year ago, there is no way the program can
take kids from Fridley first. She tells the parents the name will
be put on a waiting list, but they will not be on the top. She
advises parents to talk to their Councilmember or Commission
member. Unfortunately, the parents are not going to make the waves
move.
Ms. Doody stated she has not deleted names from the waiting list;
but if Blaine, Anoka, Coon Rapids, Andover and other cities are
'"`' funding Kinship with CDBG monies and Fridley is not, there is no
_ way she can serve Fridley in the same way as the other cities.
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BIIMAN RESOIIRCES COMMISSION MEETING, JIINE 9. 1994 PAGE 6 �
There is no way she can honor the- kids from�Fridley as. a first-
come, first-serve when they are not being funded. She takes a
grievance from her staff when a person was treated the way this
person felt whether it was the Commission's intent or not.
Mr. Oquist stated he was very impressed with Ms. Peka's
presentation and had every intent of providing funding for the
program this year. She did a very nice job of making the
presentation and answering questions.
Ms. Doody stated her complaint is that Ms. Peka� did not come away
feeling that way. Ms. Doody voiced her concerns to Mr. Barg. Ms.
Peka's self esteem was nil. .
Mr. Oquist stated this was�not done by�this Coiamission::
The Cominission meinbers concurred.
. Ms. Mau assured Ms. Doody that'Ms.•�Peka was treated wi:th respect,
., and the Commission�memliers asked��her the�same kinds of questions
• they asked every one�else:. She had a much.more.:positi,ve feeling
tiian � she had the � previous year. � � " - . � �
Mr. Coverston stated that after talking with Ms. Peka, he had a
favorable feeling about the program.
Ms. Doody was provided with a copy of the minutes of the previous
meeting.
Mr. Oquist stated her representative was treated just like the
other speakers. He did not realize she had a handicap. She
appeared to be nervous but all the presenters are nervous. She
answered the questions very well.
Ms. Mau stated she went back to read the minutes because she could
not believe the comments made in the memo. The Commission members
asked Ms. Peka questions just like anyone else.
Mr. Oquist stated she presented the program very well, and she
answered the questions very well.
Mr. Welf asked if there was something specific that she did not
like.
Ms. Doody stated Ms. Peka felt she did not receive respect. She
felt someone supposedly made a comment that they would not fund
because they did not qualify and did not answer all of the
questions. Secondly, the financial statement was not copied with
the report and she said she could not find it.
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� HIIMAN RESOIIRCES COMMIS3ION MEETING, JIINE 9, 1994 PAGE 7
Mr.. Welf stated he had asked about that information and had
questioned whether this was an incomplete application. There was
no comment made about not funding_because of it.
Mr. Oquist stated he was impressed with the presentation of the
program. This program is similar to Big Brother/Big Sister, which
had 32 matches in the City.
Mr. Welf stated Kinship had no additional matches in Fridley last
year from the few matches in the previous year.
Ms. Doody stated they did not receive CDBG funding from Fridley
this past year. �
Mr. Welf stated that when he hears that; he_ gets �the -�feeling .that .
�this program does not have a pro bono spirit and that maybe�th�.re
is more interest in the funding than in helping the children. This
is what it looks like on the surface.
Ms. Doody stated that if he had read what they said and�documented.
•'. how many hours are� .put into a safe •match,. etc. , he ' would not say.
that . � � ' . .
� Mr. Welf asked what the expense is after the match is made.
Ms. Doody stated they monitor the match. They also have high
insurance costs. For example, if someone alleges sexual
misconduct, they can come after the program, staff, board members,
etc. The insurance covers the program and those associated in the
program. Volunteers coming into the program must provide ten
references.
Mr. Oquist stated the procedure at the last meeting was to limit
the presentations to 15 minutes so he would like to limit comments
to that at this time.
Ms. Doody stated she appreciated the questions which shows an
interest in the community,
Ms. Mau stated there are four volunteers from Fridley now. It
comes down to the same problem with other programs which is the
number served with the amount of money. She thought the money is
better spent where is serves the most people.
Mr. Welf stated he is concerned that there is a problem getting
volunteers. To him, this shows no interest in the program by the
general public. He didn't see that he could support the program.
Mr. Coverston stated he was impressed with the presentation of the
'�'' staff person. In view of that and to provide encouragement and
_ support for the program, he would recommend funding at $1,000.
1 �
HUMAN RE30IIRCE3 COMMISSION MEETING, JIINE 9, 1994 PAGE 8
Mr. Oquist stated he was �also impressed and felt it was time to
fund the program. He is concerned about the four volunteers and
the interest that shows. He is not sure about the advertising or
how others know about the program. He recommended $500.
Mr. Coverston stated that in looking at the budget, the amount of
the program is stated as $2,000. How much of the staffing is also
programming?
Ms. Mau stated the� staff costs are high compared to the program
costs. In looking at the budget proposal for ne� year, program
administration of $15,700, executive board for.$2,0�0,. health
insur.ance at �$3., 500; .. anc� pragram cost� of• �$2; 479. . .'�hat �:is
bothersoine to her� because so much of the money � is .going to. expenses �
rather than helping the kids•. Program administration co's�s for
next year are budgeted at $20,000. �
Mr. Welf stated that, to a certain degree, this is because of the
tim� it� takes to set it up.. . , � � _ �
Ms..Mau�agreed, but that is where she is having.a prob�em. The
actual cost of the presgram is so much. The rent is in-kind whicYr
means this is being provided so that they are not actually paying
rent.
Ms. Doody stated the total budget includes the in-kind gifts the
program receives, including the volunteers for activities.
Ms. Mau stated the receptionist is also listed as in-kind. But
nothing else is listed that way, which means those are actual
e�enses .
Ms. Doody stated to have a safe match means staff interviews the
volunteers. They have only a half-time person and volunteer hours.
She is being paid and Ms. Peka is paid.
Ms. Mau asked who was paid under program administration e�ense.
Ms. Doody stated she was paid under program administration expense.
The projected figures are not the same as the actual.
Ms. Mau stated the actual figure on the budget is $17,775. She
wanted to know where the money is being channeled. The payroll for
Ms. Peka is $12,000 for next year. She would go along with $500
to motivate and see how many Fridley kids are actually served next
year.
Mr. Welf stated he could go along with that. He would like to have
the figures in on time next year.
�
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!"'� AIIMAN RESOIIRCES COMMISSION MEETING, JIINE 9. 1994 PAGE 9
Ms. Doody stated it takes 12 hours to process one child. For the
salary, they went with the reasonable rate. .
Ms. Mau stated that the Commission received good infornaation from
Ms. Peka. She wished to clarify that $500 needs to be spent on
Fridley kids or it comes back.
Ms. Doody stated this amount will not help that many kids. They
receive more from other cities.
Mr. Oquist stated it is possible that other cities have more funds
to dispense. This Commission gets a fixed amount to allocate as
set by the City Council.�
Ms. Doody stated 15% of the total CD$G funds iriust gb�to huxnan
servic�s. If a city does not use their funds, other cities can
pick up those funds.
Mr. Barg stated the amount represented for allocation is 23% of the
total. � � � �
Mr. Oqu�ist stated there have always been more requests for funds
than funds to allocate.
�.
_ Amount Recommended - $500
RISE, Inc. - Request: $5,000
The consensus of the Commission was to not fund.
Amount Recommended - $ -0-
St. Philip•s Lutheran Church - Request: 53,000
Ms. Mau stated in looking at that age group, $5 per month to insure
the safety of your child after school is very positive. This is
a new program. It can serve many kids. It meets the criteria.
There exists the possibility that many kids may be served through
this program.
Mr. Coverston stated the program is also open to those who can come
from the other school districts as well.
Amount Recommended - $3,000
Tamarisk Resources, Inc - Request• $7,735
Ms. Mau stated this program served 21 Fridley families with home
� care. They trained 20 new volunteers. This is the same program
as last year but she would like to give it one more year as a pilot
� a . n
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HIIMAN RESOIIRCES COMMISSION MEETING, JUNE 9. 1994 PAt�L 10
pragram. This is difficult bec�use so much goes to expense.-
Because it is new and�different;.she would go along with $4,�00.
Mr. Coverston agreed.
Mr. Welf stated the eost per person served is very high. But, it
is also needed because there is no one els� in the ' area that is
providing this service. There is no duplication of service. He
would agree with $4,000.
Amount Reaommended - $4,000
MOTION by�Ms. Mau, seconded by Mr.:Welf,_to recommend to:the City
Council the CDBG fu�ding alloca,�ions as fol�ow$: =•.�. �.� �
� ` This Year's Amo�,tnt �
Organization . Request Recommended
Alexandra House $ �,500 $ 2,500 :
Arc of � Ar�oka' County � $ 1, 400'� $�-0- , .
Central Center
for F�mily Resources
CHAP Stare
Gity of Fridley Recreation
Comm�unity Emergency
Assistance Program
Family Counseling Clinic
$ 3,000
$ 3,968
$ 5,000
$ 3, OQO
$ 1,000
$ 3,000
$ 5,000
$ 3,fl00
NortYieast $60,00� $ �,000
Northwest Suburban Rinship $ 1,500 $ 5Q0
R.I.S.E. $ 5,000 $ -0-
St. Philip's Lutheran Church_ $ 3,000 $ 3,D00
Tamarisk $ 7,735 $ 4,000
$98,103 $25,000
IIPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON OQIIIST DECI,ARED T8E
MOTION CARRIED ONANIMOIISLY.
Mr. Barg stated the Planning Commission will review this
recommendation at its June 29, 1994, meeting, and the City Council
will discuss it at its meeting.on July ll.
�.
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HIIMAN RESOIIRCES COMMISSION MEETING, JQNE 9, 1994 PAGE 11
2. NEW BUSINESS
a. Discussion/Consideration of Commission's Focus and
Possible Agenda Items for Remainder of 1994
Mr. Barg requested ideas for discussion and/or consideration
by the Commission. He has had someone from the State of
Minnesota talk to him about discrimination in the City and the
workplace, and he would be willing to come out and talk about
what is going on and what some of the problems are.
Mr. Oquist stated he liked the idea of how the City is
perceived' by the outside community and by those who live here.
He �would �like see how others feel from the single-parent
family or minority perspective. If the City is' being
perceived negatively, perhaps there is something that can be
done.
Ms. Mau stated they might be able to find a group to develop
this program to work in the schools with the kids about
discrimination issues. It depends on which parents you talk
to as to what feedback you receive about the problems in the
"° schools. As a parent, she does not see a problem in the
middle school. In the high school, there seems to be some
problems in the upper grades. Perhaps they could find a way
to develop a program in the City to alleviate this before
serious problems develop.
Mr. Oquist stated he has noticed more integration in the City,
and this is something we may need to look at.
Mr. Coverston stated, in his observations, there does not
appear to be a problem.
Ms. Mau stated she thought most of the problem is caused by
the minority of the people. She has tried to expose her child
to different cultures. Her fear is that her child in high
school will only have exposure to the those few who are the
"bad" kids. There is the feeling that some of the minority
kids get special treatment, which is resulting in bad
feelings.
Ms. Doody stated that from a teacher's point of view, she
would think twice before reprimanding students from different
races because of the repercussions.
Mr. Oquist stated there is now much concern about being
,•-�
politically correct that it is affecting the relationships.
� .. . . . � _ - � -� 'ti. . �,� ��. i� �
„ ' . _ .. . _ �: "� . �� �` �.. � 4.,f � � ; ., -.
. �<' . �. � � . t. � t 'i
HQMAN REBOIIRCBB COMMISSION MEETIN�3,�JDNE 9 � 1994 PAt3L 12 �,
��,
Mr. 8arg stated ar�other a.ssue for discussion eould be the
American Disabilities 'Act. He cari try ta get _some information
from the Inspection Department about City buildings whose `
owners are nat making an attempt to c�mply. �Complaints'made
to the State do not necessarily come to the.C3.ty.
Mr. t�quist� stated he would think somethinq woul,d come back.
If you do not keeg-up on things, they tend to b� forgatten.
Mr. Barg stated he has- listed �s possible topics a surv�y,
, diversity, discrimination,.and disabiiities.' He wi�.l d� more-
work in these ar�as.
ADJOIIRNMEPiT' °
M�TION by Mac. Welf, seconded by Mr. Cover"ston, to adjflu�n the
meeting.' . ; _
UPON A V�32CE VOTE, ALL VOTING AY$, CHAIRPERSON OQIIZST DECLARED THE
MOTION CARRXED �f1�TD THE JUNE 9,' 199�, �l[UM�N RESQURCES COMMISSION
MEETING ADJ4URNED AT 8t53 P.M. ; -
� s ectfully s mitted,
�.
vonn Cooper �
Recording SecretarQr =-
. -� �
' , F.�,�
.