The URL can be used to link to this page

PL 01/12/1994 - 30784CITY OF FRIDLEY PLANNINa C�NIIriI88ION MEETINa, JANQARY 12, 1994 _..,.-----__..__________________.._---------------------------------- CALL TO ORDER: Vice-Chairperson Kondrick called the January 12, 1994, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Dave Kondrick, Dean Saba, Diane Savage, Brad Sielaff, LeRoy Oquist Members Absent: Dave Newman, Connie Modig Others Present: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant Dave Sallman, Director of Public Safety Greg Asproth, University Billiards Ty Wilson, University Billiards Sarah Gardner, 3300 Edinborough Way, Edina Julie Brunner, 7235 East River Road APPROVAL OF DECEMBER 22, 1993. PLANNING COMMISSION MINLTTES: � _� MOTION by Mr. Oquist, seconded by Ms. Savage, to approve the December 22, 1993, Planning Commission minutes as written. IIPON A VOICE VOTE, ALL VOTINC�i AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. 1. ,�Tabled) CONSIDERATION OF A SPECIAL USE PERMIT. SP #93-17. BY UNIVERSITY AVENLTE BILLIARDS, INC, Per Section 205.17.01.C.(4) of the Fridley City Code, to allow an e�ansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E. MOTION by Mr. Oquist, seconded by Ms. Savage, to remove SP #93-17 from the table and to continue the public hearing. UPON A VOICE VOTE, ALL VOTING AYE� VICE-CBAIRPERSON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIISLY. Ms. McPherson stated the Planning Commission reviewed this special use permit request at the December 22, 1993, meeting. The petitioner is proposing to add an approximately 6,000 square foot expansion onto the existing University Billiards space located at 7178 University Avenue N.E., which will bring the total square footage of the commercial recreation use to 13,792 square feet. The addition would allow the petitioner to add 16 pool tables, five PLANNING COMMISSION MEETINa, JANIIARY 12. 1994 PAaE 2 � � arcade games, two dart games, an expansion to the existing kitchen, and the addition of a pro shop. Ms. McPherson stated that at the December 22, 1993, meeting, staff recommended that the Planning Commission recommend denial of this request due to the lack of adequate parking provided on the site. Ms. McPherson stated that at the request of the petitioner and the building owner, staff has re-evaluated the parking requirements. The original number of spaces was calculated based on 10 foot wide stalls which is the size required in commercial districts. However, an ordinance change in the last three years permits nine foot stalls on properties which are zoned industrial. In recalculating the number of spacea using nine foot stalls, there are 179 spaces available on site which are more than adequate to handle both the proposed expansion by University Billiards and the reoccupancy of the last remaining 6,000 square feet of leasable space. However, because of the winter conditions and the amount of snow, staff was unable to verify if the parking lot is currently striped at nine feet. Ms. McPherson stated staff has added stipulation number 8 which states: "As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. � Ms. McPherson stated staff is still recommending the seven stipulations as presented at the December 22 meeting. The stipulations are as follows: 1. The hours of operation shall be limited from 8:00 a.m. to 1:00 a.m. 2. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. 3. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. 4. The petitioners shall patrol parking lot and manage its misuseo 5. No alcoholic beverages shall be served or allowed on the premises. 6. The development owner shall notify the City of future additions/expansions of vacant building space and shall accept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior ,,,,, to the approval of the special use permit by the City ' Council. PLANNING COMMISSION MEBTINa. JANTIARY 12. 1994 PAGE 3 � � 7. The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem �hich requires further restrictions or removal. 8. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. Ms. McPherson stated that at the December 22 meeting, the Commission spent a lot of time discussing the testimony provided by the Police Department. Public Safety Director Dave Sallman is at the meeting to restate the department's concerns regarding this request and to answer any questions the Commission may have. Director Sallman stated he would like to state the Police Department's position on this special use permit request. 6Jhen a situation affects the public safety and crime prevention of the City, they feel obligated to state that opinion. In this particular case, the strip mall in which University Billiards is located, along with U.S. Swim & Fitness, had twice as many crimes committed over the past year than the strip mall at East Moore Lake Commons. Director Sallman stated they selected East Moore Lake Commons ,-� because it is the closest in the City with a health club to make a comparison. When they m,et with the owners of University Billiards, the Police Department offered to use any strip mall they wished the Police Department to use for crime comparisons. Director Sallman stated they are not saying that the owners of University Billiards run a bad business or do not do a good job. Calling the police on some of these issues shows that the owners have shown some responsibility to deal with the issues that occur within their building. The point he is trying to make is that other businesses do not have to do that. The Police Department has received complaints from other business owners saying that the Police Department is not doing its job because of the damages that occur to vehicles parked outside their businesses in this strip mall. Director Sallman stated the question could be asked: Should University Billiards be held responsible for the conduct of what occurs around them? That is a decision the Commission will have to make. In the Police Department's opinion, if it was not for University Billiards being at that location and being open almost 24 hours per day, this would not be an issue. Director Sallman stated that regarding juveniles, there is a requirement that juveniles be off the street at 9:30 p.m. The owners of University Billiards allow juveniles of a certain age to �'� stay until 10:00 p.m. and another age to stay until 12:�00 p.m. PLANNINa COMMISSION MEETING. JANUARY 12, 1994 PAGg 4 � Director Sallman stated that even though the business does not have a liquor license and drinking is not allowed, it might as well have a liquor license because there is drinking in the parking lots. The only alcohol offenses that the Police Department can enforce on private property are DUI�s or under age drinking. Director Sallman stated that even if all juveniles (under age 18) are asked to leave University Billiards by midnight, there are a number of juveniles, aged 18-21, who have still been drinking. That is not the concern of the otAmers, but it is against the law. Ms. Savage stated that stipulation #1 states that the hours of operation would be limited from 8:00 a.m. to 1:00 a.m., and stipulation #2 states that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Did Director Sallman believe these two stipulations would help? Director Sallman stated that if the Commission recommends approval of this special use permit, the Police Department would like those restrictions added. Juveniles are responsible for some of the problems going on at this location. Mr. Sielaff asked when is the most frequent calls for service. Director Sallman stated about 39� of the calls for service occur ,� after 1:00 a.m. A lot of people do not know when the actual crime is committed and report the crimes when they are discovered. The calls for service include lockouts, medicals, etc. Mr. oquist stated that at the last Planning Commission meeting, there was also some discussion about U.S. Swim & Fitness being open 24 hours a day. It wasn't clear to him whether some of the crime issues were related to the billiards business or to the health club. Director Sallman stated it is the Police Department's opinion that the crime is related to the billiards business. As stated earlier, 39 % of the calls for service to the billiards operation occur after 1:00 a.m. In comparison, 15� of the calls for service to the health club occur after 1:00 a.m. The health club is not a comparable business, and there is a much smaller number of people at the health club between 1:00 - 8:00 a.m. Mr. Saba asked if a police officer ever goes into University Billiards. Director Sallman stated police officers do walk through University Billiards as time permits. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had brought up the fact that more lighting '� might be a deterrent to crime in the parking lot. Did Director Sallman think that more lighting would be a deterrent and would prevent some of the crime that is happening to adjacent businesses? �� PLANNINa COMMI88ION MBETINa. JANOARY 1�. 1994 PA�E 5 Director Sallman stated it is reasonable to assume that more lighting would cut down some of the crime activity. Mr. Kondrick asked if the Police Department believed it is important for University Billiards to close at 1:00 a.m. Director Sallman stated that the bars must close at 1:00 a.m. He does not see much difference between a bar and University Billiards, with the exception that minors can be at University Billiards because they do not have a liquor license. The City has control over establishments with liquor licenses when there are reports of underage drinking, etc., and they do not have that control with University Billiards. That is the Police Department's reason for the 1:00 a.m. closing time. He believed a lot of University Billiards' business after 1:00 a.m. is post bar rush. Mr. Greg Asproth, co-owner of University Billiards, stated there are a lot of things that Director Sallman said that he does not agree with, and there are some things that he does agree with. He did agree that if their business was not there, there would be less crime in this area. Making them look like they have all underage drinkers and things going on almost on a regular condoned basis is very far from the truth. He stated they fight tooth and nail to run the cleanest establishment they can. It is nearly impossible for the owners of this kind of business to control everything that goes on in the parking lot. Over the last two year period, they have had over 300,000 customers. The percentage of crime compared to those 300,000 people is relatively low. Mr. Asproth stated that he and his partner, Ty Wilson, do not like to see juveniles drinking. They patrol the parking lot regularly, and all employees are instructed to ask juveniles to leave immediately if they are drinking, or they call the Police Department which they have been encouraged to do. If they are limited to the 1:00 a.m. closing time, it won't stop the teenage drinking. The teenagers will just go somewhere else to drink. It will just change the crime rates to other places and maybe these other places will not do as good a job as they do to control the problems. Mr. Asproth stated that when University Billiards expanded their business before, they did have stipulations which they followed. They have made a point to watch the parking lot tighter and tighter, because they agree that is where the biggest problem is. Mr. Asproth stated their business is a good, healthy business. A lot of the 150,000 customers per year are from Fridley. There are people who work nights who come in and play, and those people would not be able to play if the City puts on these limitations. �� Mr. Asproth stated the parking lot is full every feel they can handle very many more cars than have, but they need more room in the building night. They don't what they already for more tables. PLANNINa CONIIKI88ION MEETINa. JANIIARY 12. 199� PAaE 6 �� Their goal with the expansion is to better serve the customers they have now. They have a waiting list almost any night of the week. Customers wait 2-3 hours to get a table. If they are required to close at 1:00 a.m., many of their customers would not be able to play and their competing businesses would thrive. Right now, University Billiards is the biggest and the best at what they do. Ms. Savage stated she could not recommend approval of the special use permit if the petitioners are not in agreement with the stipulations recommended by staff. Mr. Asproth stated they want to follow every law and rule to make their business successful, but they cannot afford to expand if they are required to abide by some of these stipulations. Every other billiard room in the Twin Cities area is open at a minimum until 4:00 a.m.; the maximum is all night. There are 8-10 billiard rooms in the Twin Cities area. Mr. Saba asked if the petitioners have done any studies about added security. Mr. Asproth stated they have the option to put in more lighting. They could also do more security, especially on weekends. He called their leasing company about getting estimates on lighting. The leasing company wanted to know how many lights and how many ,-, candle watts per light. He stated it is difficult to know what they want and what the City would require. However, they would be happy to add more lighting. Mr. Saba asked if the petitioners allow drinking in the parking lot. Mr. Asproth stated they do not tolerate any drinking. When they see someone drinking, that person is kicked out permanently. They have a long list of people who have been asked not to come back. Mr. Kondrick stated he believed that lighting is part of the answer to the crime problem at this location. They have to either find some way to prevent so many police calls to this location, or they are going to have to enforce a closing of 1:00 a.m. Mr. Asproth stated that if the City wants to stop all crime, then all the bars should be closed and no liquor licenses issued. He stated that it sounds like the Police Department is coming to their place very night, but that is not the case. There are a lot of combined offenses by certain people. They cannot deny that there is crime out there, but they cannot control it all. They �ust do the best they can to control it. The majority of the people they attract are good people and are going to suffer because of the few bad people who make the business look bad. He would invite every Commission member to visit their business. � PLANNING COI�lI88ION MEETING. JANVARY 12. 1994 PAaE 7 '� Mr. Oquist asked if Director Sallman had talked to any of the people from other communities that have billiard rooms about whether they are experiencing problems. Director Sallman stated that they have checked with the City of Elk River. Because the City of Elk River was also experiencing crime problems, it restricted the hours to 1:00 a.m. Coon Rapids Billiards is having more problems inside than Fridley has and would like to do something about it. Director Sallman stated he believed it is true that University Billiards is the best run billiard room in the Twin Cities. The owners are honest and sincere in saying that they do as good a job as they are capable of doing. The Police Department's concern is based on past history. The problems are still there; and if there is an expansion, the Police Department sees an expansion of the problems that are already there. Mr. Asproth is right about the fact that the Police Department is not there every night. Ms. Savage asked Mr. Asproth's position on stipulation #2 stating that no juveniles shall be allowed in University Billiards without their parents after 9:30 p.m. Mr. Asproth stated it is a hard issue. They have a lot of 17 year- olds who come in with their girlfriends after a football game. r, With this restriction, they would have to sit at the door and monitor and tell these teenagers they cannot come in anymore. It is an issue they can deal with, but by not allowing them in, it is sending these teenagers to another billiard room that is not run as well as theirs is. They follow the curfew law which is no loitering or loafing any time after 9:30 p.m., and they are even stricter than the City�s curfew law. They card and do not allow minors, 17 years old and younger, into the establishment after midnight. At 10:00 p.m., they ask all minors, 16 years old and younger, to leave. Mr. Ty Wilson, co-owner of University Billiards, stated when they researched the business before opening, they decided that the nicer and classier place they had, the less chance they would have of attracting the undesirable people. They spared no expense in making their place nice and first class. With the expansion, besides putting in a restaurant and pro shop, they also plan to spend a considerable amount on maintenance, new carpeting, etc. This will make the place even nicer and less comfortable for the undesirable people than when they first opened. Mr. Wilson stated that as far as the parking lot issue, he believed a vast majority of the problems stem from thefts in their parking lot, and most of these thefts occur after 1:00 a.m. But, after 1:00 a.m., there are not many cars in public parking lots, other than University Billiards, restaurants, etc. He believed if they '� light up the parking lot more, it would vastly help the problem. PLANNIN� CONIIdiI88ION MEETING� JANUARY 12, 1994 PAQE 8 '� Mr. Wilson stated a majority of their business is before 1:00 a.m. than after 1:00 a.m. However, if people are going to leave their houses at 10:00 p.m. to play pool and they know there is a waiting list of at least an hour, with a closing time of 1:00 a.m., they will go somewhere else that has a later closing time. People who come later anticipate playing until 2:00-3:00 a.m. Closing at 1:00 a.m. would hurt their business tremendously. Mr. Wilson stated they are very opposed to alcohol drinking. They have common sense rules that must be followed. Most people do obey the rules, and they make examples of the people who do not obey the rules. Some very good customers have been kicked out forever. This sends the message that certain things will not be tolerated. Mr. Wilson stated he understands the City�s problem about crime. They run the most successful billiard room in the state. One of the reasons it is so successful is because he and Mr. Asproth are there every night to see what is going on and to enforce the rules. Their goal was to open up the nicest, non-alcoholic, billiard room in the whole State of Minnesota. They are successful because their place is a safe, clean, fun place to play pool. To put these stipulations on them would put a stranglehold on their business. Mr. Kondrick asked when University Billiards closes. � Mr. Wilson stated they have no restrictive hours now. They generally stay open until 5:00 a.m. on weekdays and 7:00 a.m. on weekends. Mr. Sielaff refe.rred to stipulation #7 which states: '�The special use permit shall be reviewed by the City Council one year from the date of approval or sooner if the City determines there is a management problem which requires further restrictions or removal.'� He asked the petitioners if they could live up to that stipulation. Mr. Asproth stated he believed they can. They would not agree to that stipulation if they did not feel confident that they could abide by it. Mr. Saba stated that at the last Planning Commission meeting, the petitioners mentioned the possibility of a video camera aimed at the parking lot. Is this a possibility for added security? Mr. Wilson stated they have discussed the possibility of a video camera, not only for the parking lot, but also inside the building itself. Mr. Oquist asked if there is any possible compromise on the closing time. Mr. Wilson stated that is difficult. The customers who come in at �1 12:00 or 1:00 a.m. want the option to play until 4:00 - 6:00 a.m. PLANNING COMMI88ION MEETING. JANIIARY 12. 1994 PAa$ 9 � Mr. Asproth stated the majority of the crime-related activities appear to be happening during University Billiards� busiest hours which are 10:00 - 2:00 a.m. So, a closing time of 1:00 a.m. is not going to solve those problems. Director Sallman stated that it is probably true that most of the problems are going to occur during the time when University Billiards is its busiest. The Police Department's issue is not what goes on inside the business; the owners do a fine job of running the business. The problem is it is a place to hang out. He stated he believed the Police Department has been kind by limiting the scope of its study to the mall rather than expanding it to the whole grid area and comparing it to another industrial grid. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to close the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE, DICB-CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED AND THE PIIBLIC HEARIN(�i CLOSED AT 8:50 P.M. Mr. Kondrick stated that at the last Planning Commission meeting, the Commission members had discussed the issue of more lighting, and he wished the petitioners had done more to show that lighting ,� might be part of the answer to these problems.. Mr. Oquist stated they could add more lighting as a stipulation. He sees the hours as the real issue. A fair amount of the business seems to be after 1:00 a.m. It sounds like the owners try to run a good business. Mr. Saba stated the owners do run a good business. The problem is that the business is drawing the wrong element, and limiting the hours might not be the answer to this type of situation. The element is going to be there any time between 10:00 p.m. and 1:00 a.m. and after. Ms. Savage stated she only sees more problems if the business is allowed to expand. More lighting might help, but people still commit crimes when lights are ort. She did not believe the petitioners would agree to any compromise regarding the hours. No one is saying that the owners are not doing a good job, but that is irrelevant. When you have a place that stays open almost all night where a lot of people can congregate, that is a built-in situation for problems. Mr. Sielaff stated he sees stipulation #7 regarding the review of the special use permit as the key. The owners have said they are willing to assume the risk of that stipulation. The owners have a lot to lose if things do not improve. It certainly gives the °� owners an incentive to do whatever they can to help eliminate the crime that is happening now. PLANNING COMMISBION MEETING� JANIIARY 12. 1994 PAaE 10 � Ms. Savage stated she does not see anything special about this business that it should be allowed to stay open later than 1:00 a.m. Mr. Saba stated that he agreed with Mr. Sielaff, but Director Sallman's concern is that this type of business draws a bad element. At the last Commission meeting, the Commission asked for a study to be done on security and lighting. He stated he was disappointed that the petitioners had not done any kind of study for the staff and Commissioners to review. He had hoped the Commission would have some data on security measures that can be taken to reduce crime. He would had a difficult time recommending approval of this special use permit request without enforcing some restriction on the hours, even though he is not convinced that is going to solve the problem. Ms. Savage stated it is not necessarily a"criminal element" that is committing these crimes. There are kids who are o.k. kids most of the time, but they are going through a period in their lives and when they get together late at night, they can cause problems. Mr. Oquist stated this is a place for people to hang out. He agreed with Ms. Savage that they are not necessarily talking about a criminal element. Limiting the hours (stipulation #1) will negatively affect the business and will stop the expansion, but it -� will not solve the problems that are happening now. He would like to see the Commission delete stipulation #l, add a stipulation regarding security, and strengthen stipulation #7 regarding the review of the special use permit. Mr. Saba stated he would also like a stipulation added about security and lighting and to strengthen stipulation #7 as much as possible, possibly with a review after six months, after one year, and annually after that. Ms. Savage stated that sounds like they are pinning their hopes on security and lighting. She believed that with the expansion and the same hours of operation, there would just be more problems. She believed there should still be some limitation on the hours. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve special use permit, SP 93-17, by University Billiards, Inc., per Section 205.17.01.C.(4) of the Fridley City Code, to allow an expansion of a commercial recreation use on Lots 4, 5, and 6, Block 1, Paco Industrial Park, except the North 35 feet of said Lot 4, generally located at 7178 University Avenue N.E., with the following stipulations: 1. No juveniles shall be allowed in the University Billiards without their parents after 9:30 p.m. '� 2. The petitioner shall provide adequate adult staff at all times with at least two adults on staff from 6:00 p.m. to closing on Fridays and Saturdays. �._, 1 PLANNING CONIIyiI88ION MEETING� JANIIARY 12, 1994 PAaE il 3. The petitioners shall patrol parking lot and manage its misuse. 4. No alcoholic beverages shall be served or allowed on the premises. 5. The development owner shall notify the City of future additions/expansions of vacant building space and shall acaept limitations on occupancy of remaining vacant space should parking shortages result. The development owner shall agree in writing to accept this stipulation prior to the approval of the special use permit by the City Council. 6. The special use permit shall be reviewed by the City Council every six months for the first two years and annually thereafter. 7. As weather permits, the petitioner shall verify the parking stall width and restripe the parking lot if necessary. 8. A security, lighting, and surveillance plan shall be submitted prior to consideration by City Council. � IIPON A VOICE VOTE, SAVAGE VOTING NAY, VICE-CSAIRPER80Di RONDRICR DECLARED THE MOTION CARRIED. Ms. Savage stated she would like more information from the Police Department on the types of calls and types of crime to be submitted to the Council. This might be useful information for the Council to see if there is an increase in calls during the later hours. Ms. McPherson stated this item will go to City Council on February 7, 1994. MoTION by Mr. Saba, seconded by Ms. Savage, to move item #3 to the second item on the agenda. IIPON A VOICE VOTE, ALL VOTINa AYE, VICE-CHAIRPERBON RONDRICR DECLARED THE MOTION CARRIED IINANIMOIIBLY. 2. PUBLIC HEARING: CONSIDE ATION OF A SPECIAL USE PERMIT SP #93-18, BY JULIE BRUNNER: Per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building over 240 square feet on the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E. MOTION by Mr. Saba, seconded by Mr. Sielaff, to open the public hearing. � �1 ,�1 PLANNINa COMMI88ION MEETINa� JA�TQARY 12. 1994 PAaE 12 IIPON A VOICE VOTE, ALL VOTINC� AYE, VICE-CHAIRPER80N RONDRICR DECLARED T8E MOTION CARRIED AND THE PIIBLIC HEARINC OPEN AT 9 s 30 P.M. Ms. McPherson stated the property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. Granting the special use permit will allow a 15 ft. by 22 ft. detached garage to continue to exist on the property. Currently, a new single family dwelling unit and attached two-car garage are being constructed on the property. The original dwelling was damaged by fire in 1990 and was removed; however, the original detached garage was not damaged by the fire so it remains on the property. The petitioner is proposing to use the accessory structure for the storage of wood, bicycles, garden equipment, etc. They will re-side and reshingle the detached structure to match the new dwellinq. Ms. McPherson stated that the granting of the special use permit does not adversely impact the lot coverage, and the accessory structure meets the setback requirements. As the petitioner does not plan to use the accessory structure for vehicle storage, a hard surface driveway is not required. Ms. McPherson stated staff recommends that the Commission recommend approval of the special use permit with one stipulation: 1. The structure shall be resided and shingled to match the new dwelling. Mr. Kondrick suggested that a time limit be put on the re-siding and reshingling of the structure. Six months seems like a reasonable timeframe. The petitioner had no objection with that addition to the stipulation. MOTION by Mr. Sielaff, seconded by Mr. Saba, to close the public hearing. IIPON A VOICE VOTE, ALL VOTINa AYE, VICE-CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED AND THE pIIBLIC HSARIN(� CLOSED AT 9:40 P.M. MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend to City Council approval of special use permit, SP #93-18, by Julie brunner, per Section 205.07.O1.C.(1) of the Fridley City Code, to allow accessory buildings other than the first accessory building over 240 square feet on the south half of Lot 5 and all of Lot 6, Block 1, Hillcrest, generally located at 7235 East River Road N.E., with the following stipulation: 1. The structure shall be resided and reshingled to match the new dwelling by September 1, 1994. PLANNINa COMMIBSION MSBTING. JANOARY 12. 1994 PAa$ 13 � IIPON A VOICE VOTE, ALL VOTINa AYE, VICE-CHAIRPER80N xONDRICR DECLARED THE MOTION CARRIED IINANIMO�BLY. Ms. McPherson stated this item will go to City Council on February 7, 1994. 3. (TABLED) CONSIDERATION OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE� CHAPTER 205, ENTITLED "ZONING" BY ADDING 205.27 (0-4 WETLAND DISTRICT): MOTION by Ms. Savage, seconded by Mr. Oquist, to remove the item from the table and continue the public hearing. IIPON A VOICE VOTE, ALL VOTING AYE� VICL-CBAIRPER80N RONDRICR DECLARED THS MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated that since the December 8, 1994, Planning Commission meeting, staff has made several revisions to the proposed ordinance. Staff inet with the Environmental Quality & Energy Commission members who had questions regarding compensation and wetland values. � Ms. McPherson stated staff also has developed administrative and public review processes for the sequencing requirements. Under the ordinance and state law, the petitioner has to go through a � series of sets to prove he/she has attempted to avoid, minimize, rectify, and/or reduce or eliminate impacts to wetlands before applying for replacement plan. For those four sequencing guidelines, staff will be making administrative determinations to the petitioners. Ms. McPherson stated staff will administratively approve exemption certificates based on the exemption stated in the Act and in the ordinance. Staff would utilize the skills of a consultant to review questions regarding staff's decision prior to notifying the applicant. Ms. McPherson stated that for replacement plans, staff has proposed a public review process similar to the special use permit process. The replacement plan review process has a tight timeline established by state law. A decision must be �made and the applicant notified approximately 70 days from the receipt of an application. Staff proposed and the City Council concurred that the Planning Commission would conduct a public hearing which will allow an opportunity for public comment and testimony. The Planning Commission would make a recommendation to the City Council, and the City Council would pass a resolution either approving or denying the replacement plan. The City can also approve replacement plans with conditions similar to a special use. Ms. McPherson stated the Environmental Quality & Energy Commission � requested an update on the owners' meetings held in early December, and that update was included in the Planning Commission agenda. These infornaational meetings went well. r"� PLANNIN6 COMMISBION MEETIN�. JANUARY 12. 1994 PAaE 14 Ms. McPherson stated staff also learned of a change in administrative responsibility. Earlier, staff had talked about the fact that the City would be giving up administrative responsibility to the Rice Creek Watershed District. That is no longer the case, and the City will be retaining administrative responsibility for the entire City. Ms. McPherson stated the Environmental Quality & Energy Commission has inquired about compensation. In speaking with the City's consultant, current compensation rates under the Act amount to 50� of the average agricultural land value of the City. The City does not have any agricultural land, so staff called the County. The County�s average agricultural land value is $1,729 per acre. She spoke �aith Gregg Herrick, Assistant City Attorney, about the issue of compensation should the City pass a no-touch ordinance. Mr. Herrick said that because the ordinance would be more restrictive than the state ordinance and would not allow a property owner any type of process circumvent that, if it would result in a total taking of the property, the City would be responsible for any compensation. The Environmental Quality & Energy Commission agreed that the process staff is recommending the City adopt, which is to adopt the state statute, is a good thing and agreed to pass it onto the Planning Commission. � Ms. McPherson stated at the request of the Environmental Quality & Energy Commission, staff will mention in the ordinance that banking is an opportunity for replacement. Mr. Sielaff stated the only issue he had brought up at the Environmental Quality & Energy Commission was to use the City's technical consultant on the Technical Review Board. His concern was that a consultant who the City hires is making a decision as part of the Technical Evaluation Panel. The consultant should be there for advice and not to have a vote. Ms. McPherson stated she did not think they had actually resolved the issue of whether the consultant would actually sit on the Technical Evaluation Panel in lieu of the city engineer. It is staff's intent to use the consultant to assist them with information, answer questions, and give advice. MOTION by Mr. Saba, seconded by Ms. Savage, to recommend to City Council approval of an ordinance recodifying the Fridley City Code, Chapter 205, Entitled "Zoning'�, by adding 205.27 (0-4 Wetland District), with the addition of a section on banking. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER�ON RONDRICR DECLARED THE MOTION CARRIED IINANIMOII3LY. � PLANNING COMMI88ION MEETING, JANUARY 12, 1994 PAG$ 15 � 4. RECEIVE THE DECEMBER 16. 1993. HOUSING & REDEVELOPMENT AUTHORITY MINiJTES : MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the December 16, 1993, Housing & Redevelopment Authority minutes. IIPON A VOICE VOTE, ALL VOTING AYB� VICE-CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED IINANIMOIIBLY. 5. RECEIVE DECEMBER 9� 1993, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the December 9, 1993, Human Resources Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPER80N RONDRICR DECLARED THE MOTION CARRIED IINANIMOIIBLY. ADJOURNMENT: MOTION by Mr. Oquist, seconded by Ms. Savage, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Kondrick declared the motion carried and the January 12, 1994, Planning Commission meeting adjourned at 9:55 p.m. ;� Res ectfully su itted, �yn Saba Rec rding Secretary n