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PL 11/01/1995 - 7087-�� a-nr oF FRio�r AGENDA PLANNfNC COMMISSION MEETINC WEDNESDAY� NOVEMBER 1, 1995 7:30 PeM. LOCATION: Fridley Municipal Center� 6431 University Avenue N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MEETI�NG MINUTES: October 18, 1995 VACATION REQUEST SAV #95-05. BY INDUSTRIAL EQUITIES: To vacate those particular 20.00 foot drainage and utility easemer�ts originall� - dedicated on the recorcJ�! plats of Northco Business Park and Northc� Business Park 2nd Addition and now to be vacat�! which lie within Lots 1 and 2, Block 1, in said Northco Business Park and Lot 2, Block 1, said No� Business Park 2nd Addition and lying southerly of the northerly 20.00 feet of said lots. The centerline of said � 20.00 foot easemerrt is de.scrib� as follows: Commencing at the most southerly comer of said Lot 1; thence northwesterly, along the southwesteriy line of said Lot 1, a distance of 62.51 feet� to the intersection with the westerly line of said Lot 1(said irrtersection hereinafter refeRed to as °Poirrt A�; thence southeasterly, along a line passing through a point on a southeasterly line of said Lot 2� Blo+ck 1, Northco Business Park distant 29.00 feet southwesterly from said most southerly comer, a distance of 85.� feet, to the point of beginning of the cerrterline to be described; thence northwesterly, a distance of 85.00 feet, to the above referenc� "Point A°; thence northerty, alo�g the westerly line of said Lot 1� a distance of 379.40 feet and said cerrterline there terminating, generally locat� at the southwest comer of 73rd Avenue and Northco Drive. RECEIVE THE MINUTES OF THE PARKS AND RECREATION COMMISSION MEETING OF SEPTEMBER 11. 1995 OTHER BUSINESS: ADJOURNMENT ,� E � % � r�, � CITY O�' �'RIDLI�Y PLANNINA COMMI88ION MELTINd, OCTOHER 18, 1995 CALL TO ORDER: Chairperson Newman called the October 18, 1995, Planning Commission meetinq to order at 7:30 p.m. ROLL CALL: Members Present: Membera Absent: Dave Newman, Dave Rondrick, LeRoy Oquist, Dean Saba, Brad Sielaff Diane Savage, Connie Modig Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Karl & Marqaret Schurr, Minco Products, Inc. APPROVAL OF AGENDA: ION by Mr. Oquist, seconded by Mr. Saba, to approve the agenda. QPON !�l VOICE VOT�, N.L VOTING AYB, CBAIRPLR80N � DTCLARSD T8E MOTION CARRILD IINANIMOIIBLY. APPROVAL OF SEPTEMBER 20 1995 PLANNING COrIIKISSION MIN�JTES: OTION by Mr. Oquist, seconded by Mr. Saba, to approve the September 20, 1995, Planning Commission minutes as written. OPON A VOICB VOTL, ALL VOTINt� AYS� CHAIRPLR80M NEWMA�i DECLARED THE MOTION CARRIED IINANIMOIISI�Y. 1. P�JBLIC HEARING: CONSIDERATION OF A WATER CONSERVATION AND EMERGENCY PLAN AMENDMENT TO THE CITY�S COMPREHENSIVE PLAN: This amendment is required by Minnesota Statute and will be reviewed and approved by the Department of Natural Resources. This amendment details the City's water � resources, identifies shortcominqs in the water delivery system, and identifies procedures for conservation of water resources during declared emergencies. OTION by Mr. Sielaff, seconded by Mr. Saba, to open the public hearing. upox � vo=c� vo�, � voT=xa ��, cs�xpr�so� D$cs�a � MOTION CARRIED AND THE PIIBLIC �'�RT*Tt�4 OPF.1�T AT 7 s 34 P.M. Mr. Hickok stated the Water Conservation and Emergency Plan amendment is being presented for comments throuqh the public a � PLANNINa COMMI88ION MELTIN6, OCTOBS'R 18. 1995 PAGL 2 hearing process in order to make modifications to the plan and bring`it to the City Council on November 13. Mr. Hickok stated the plan is to reduce water demand and develop an emergency program that can be easily implemented in the event of a condition that threatens the water supply. The Water Conservation Plan is required by the State and is intended to reduce the demand for water, improve efficiency in use, and reduce the losses in waste water. Emergency response procedures must include short-term water conservation measures to reduce water demands when supplies are limited. Long-term conservation measures are an important part of water resource management and utility managers efforts to satisfy the ever increasing demands being placed on water resources. Water conservation programs can be cost effective when compared to the generally higher cost of developing and expanding waste water treatment plant capac3ties. Mr. Hickok stated, in 1993; the State required all communities with public water supplies implement and demand reduction measures for water conservation. Our suppliers were encouraqed to evaluate con�servation as a potential alternative to developinq supplemental �vater sources during peak demands and non-essential water uses. The directive to cities was that plana must include ,�--� a description of the role conservation has in managing community water demands and supplies, identify specific quantifiable conservation goals and describe how the achievement of these.- goale would be measured and monitored, water conservation potential must be assessed for each customer category usinq information about demands, an evaluation of seasonal demands, and a description of short-term conservation measures that are available in the event of an emergency. . Mr. Hickok etated the Water Emergency Plan is based on priority. In the event of a water emergency, the first priority is to protect the domestic water supply, excluding industrial and commercial uses of the municipal water supply and use for power production that meets contingency requirements. The second priority would be water uses involving consumption of less than 10,000 gallons per day. The third priority would be agricultural irrigation and processing of agricultural plants. The fourth priority is power production in excess of the use provided for in the contingency plan. The fifth priority is uses other than agricultural irriqation, processing of agricultural products, and power production. The sixth priority would include non-essentiai uses defined by State statute. Mr. Hickok stated ataff prepared this plan in response to the 1993 request by the State mandate that the.City put together a plan to address the water conservation in an emergency in the � community. The first portion of the plan talks about inventory and what we have in the community in terms of existing wells, �� �LANNINa COI�KIBBIO� MEETINa. OCTOB�R 18. 1995 PAB� 3 pumping information, etc. This plan pulls all the in-house information into one document. Mr. Hickok stated the Environmental Quality & Energy Commission (EQE) reviewed the plan and the changes made since the last discussion. They also had a presentation on wellhead protection. This Water Conservation Plan does not have a wellhead protection element, but identifies that a wellhead protection plan will be included at the time it becomes available. Mr. I�ickok reviewed the comments and responses included in the Addendum to his memo of October 12, 1995, which �as included in the agenda packet. Mr. Hickok reviewed the expected dates of completion for various parts of the plan. The collection of water use data by customer categories is to be completed by September 1997 on the plan. For all practical purposes, this is done. Water use information� �collected by customer category on a quarterly or annual basis to determine trends is to be completed by September 1997 on the plan. Recent advances in the in-house reporting has allowed staff to do some of this analysis already. Data collection and � analysis of data to determine demand reduction during the summer months could be done soon and will be done annually. Automation of the meter reading system is expected to be in place by December, 2000. Development of a water audit program to assist in analyzinq unaccounted for<.water losses and anticipate lonq range water main replacements is something the City has begun and will be done annually. Development of an ordinance restricting water use for conservation purposes is anticipateel to be completed in December, 1998, but staff believe there will a be public hearing on this ordinance mid-year, 1996. Development of an education program to assist in the implementation of the ordinance aimed at water conservation benefits is anticipated to be completed December, 1998. Determination of level of water filtration facilities is anticipated to be completed June, 1996. Resolution of preferred remediation metliod of utell water contamination is anticipated�to be completed January 2000. Development of a water rate schedule that will promote �aater conservation efforts is anticipated to be completed January 1996. A.financial study to support this recommendation has been done and the Council is considerinq the rate schedule at this time. Mr. Iiickok stated the EQE made some additional commente. The definition of water quality emergency should be included in the document. The best place to add this is in the front of the water conservation plan and also in the definition section of the ordinance. There was a comment at the EQE meetinq that the � Council take a look at a senior rate structure that is not tied to income but rather to age. Staff will forward that coimnent to the Council for consideration when they discuss the water rate � PLANNIN(� CO1�II�IBBION MELTINa. OCTOBER 18, 1995 PA�3B 4 structure. Mr. Hickok stated the plan will also water locations. Several other.maps plan. Staff will refine those maps. include a map which shows are also included in the Mr. Hickok stated staff is requesting the Planninq Commission, if they are comfortable with the plan, recommend approval to the City Council. If there are any changes, these can be discussed and the changes made. If the Planning Commission is comfortable in doing so, staff will make the revisions and forward the final copy to the Council. Mr. Sielaff asked if the block billing was applied during peak use. He understood this was to encourage water conservation and the rates would be higher for greater volumes, so this would not be just during peak use. .., . Mr. Hickok stated this was correct. This refers to the rate tha� would recoqnizing lawn sprinkling, etc., and actually encourage conservation based on the rate schedule. Mr. Newman stated, with this schedule, the more water you use the higher the per_gallon rate. Mr. Hickok stated this is correct. The proposed rate schedule is contrary to wfiat is currently in place. Mr. Rondrick stated he had heard on the radio an interview with a person knowledgeable about water quality and problems with the water supplies. The most common form of water treatment is chlorine. One of the biggest problems in treating water with chlorine ia that the microbes and other organisms in the water are becoming resistant to chlorine. It is a concern that these types of orqanisms will present a serious health hazard to the water supplies. He wondered if something should be included to be sure staff are aware of these thinqs in order to protect the water supplies. Mr. Saba stated the reports he has heard are not consistent with that. Those reports state water is pure and drinkable. Mr. Rondrick stated this person had said this is the data being put out to the public but is not necessarily accurate. There are problems on the east cost with the quality of the drinking water. He thought this merits looking into. � n Mr. Sielaff referred to Water Supply Policies, Objectives and Standards for IItility Operations, page 21, the second paragraph, �"� and recommended this paragraph read, "The municipal water system service will provide the highest quality water possible that will i / \ PLANNINa COMMI88I0� MBETINm. OCTOBBR 18. 1995 PAa� 5 not negatively impact the natural water resources of the community or reqion." Mr. Sielaff stated the EQE discussed the Emergency Ordinance Provisions, page 42. Mr. Hickok stated water quality provisions would be included in the ordinance. The items on page 42, B, are all water quantity related. He and the Commission members agreed that water quality should also be included in those provisions. Mr. Saba stated he was not sure where water quality should be but agreed it should be specifically stated that a water emergency can be quality related and not necessarily quantity related. It will be in the emergency ordinance and should also be in the plan. OTION by Mr. Oquist, seconded by Mr. Rondrick, to close the public hearing. IIPON A 00ICE VOTB, ALL VOTINa AYS� CHAIRPERSON NBWMAN DLC7,ARED THg MOTION CARRIBD AND THg PIIBI�IC HEARIN6 CIABBD AT 7s58 P.M. OTION by Mr. Sielaff, seconded by Mr. Saba, to � approval of the Water Conservation and Emergen to the City's Comprehensive Plan subject to the sugqested. �� recommend � cy Plan Amendment corrections as IIPON A VOICS VOTE� ALL VOTINt� AYE� CBAIRPLR80H HEWMA� D$CLARLD TSE MOTION CARRIED U�II�iIMpII9LY. 2. PiJBLIC HEARING: CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT, CPA #95-02. BY THE CITY OF FRIDLEY FOR MINCD PRODUCTS. INC.: In accordance with State Statute 462.355, Subdivision 2, Procedure for Plan Adoption and Amendment, the proposal would amend the current land use designation from commercial to industrial on Lots 16, 17, and 18, Block 2, Commerce Park, generally located at 7321 Commerce Lane N.E. TIO by Mr. Rondrick, seconded by Mr. Oquiat, to waive the readinq of the public hearing notice and to open the public hearing. IIPON A VOICS VOTF, ALL VOTINa AYS, Cffi�IIRPFRBO�T �TBWMlI�T DBCLARED TH$ MOTION CARRIED A1QD TS8 PQBLIC BEARINt1 OPEN AT St00 P.M. Ms. McPherson stated the application is by the City on behalf of Minco Products, Inc. Recently, the City approved a rezoning for the property adjacent to the plant at 7321 Commerce Lane. Staff is now askinq the Metropolitan Council to change the land use designation from commercial to industrial. It would add 2.19 acres back into the City's industrial land base. The City PLANNIN� CO1rII�I88ION MBSTINa. OCTOB$R 18. 1995 PAaB 6 � converted 14.5 acres from industrial to commercial for Home Depot: There are no adverse impact to the metropolitan systems. Staff recommends the Planning Commission recommend approval of this change to the City Council. OTION by Mr. Rondrick, seconded by Mr. Sielaff, to close the public hearing. IIPO�T A VOICB VOTE, ALL VOTINC� AYB, CHAIRPERSON NBWMA�T DLCLARED THE MOTiON CARRIED A1�iD TSE PIIBLIC HEARINa CLOSED AT 8a04 P.M. OM TION by Mr. Rondrick, seconded by Mr. Oquist, to recommend approval of a Comprehensive Plan Amendment, CPA #95-02, by the City of Fridley for Minco Products, Inc., to amend the current land use designation from commercial to i.ndustrial on Lots 16, 17, and 18, Block 2, Commerce Park, qenerally located at 7321 Connnerce Lane N. E. IIPON A VOICB VOTL, ALI, VOTINt,4 AYB, CHAIRPERBO�T NEWMAN DBCLARED THS MOTION CARRIED IIrIl�1NIMOIIBLY. Ms. McPherson stated the City Council will consider this item on November 13. � 3. CONSIDERATION OF A VACATION REOIIEST SAV #95-Q4. BY GARY HEDMAN: To vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, qenerally located at 60 - 70th Way N.E. Ms. McPherson stated this request is to vacate a 10-foot utility easement. The dwelling is built on top of the easement. The title company, when the petitioner recently sold the house, discovered this error and has requested the easemerit be vacated in order to convey clear title to the new owners. The easement was dedicated on the easterly 10 feet of Lot 9. When four lots were combined to create one buildable lot, the �ords "utility easement" were located in the most westerly 10 feet on the site plan; however, the lines marking the easement actually qo over the east 10 feet. Staff has determined that there are no public utilities located in this easement. The Engineering Department has no objections to the vacation request; although they have requested that we retain a 10-foot easement adjacent to the dwelling for any potential future use by the City. The survey presented at the meeting is not a verifyinq survey. Staff is requestinq a verifyinq survey be submitted by the petitioner to determine the exact width of the new easement and to verify the distance of the house from the westerly lot line. n Ms. McPherson stated staff recommends approval of the request to the City Council with the following stipulations: S / \ PLANNIN(,� COMMIBBION MBETING�. OCTOHLR 18. 1995 PA�L 7 1. The petitioner shall dedicate a new utility easement adjacent to the westerly lot line of the subject parcel. 2. A verifying survey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said survey. In no case will the easement be required to be wider than 10 feet on this property. There being no questions of staff, Mr. Newman asked for a motion to recommend approval of the request. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of.a Vacation Request, SAV �95-01, by Gary Hedman, to vacate the East 10 feet, except the Southerly 5 feet, of a.. utility easement located on Lot 9, Block 4, Ostman�s Third Addition, generally located at 60 - 70th Way N.E., with the following stipulations: 1. The petitioner shall dedicate a new utility easement ,^� adjacent to the westerly lot line of the subject parcel. 2. A verifying survey shall be submitted by the petitioner,� which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said aurvey. In no case will the easement be required to be wider than 10 feet on this property. IIPON A VOICE VOTB, ALL VOTINGI AYE, CffieIIRPERSON NSW�� DLCI�ARED THE MOTION CARRIED IINANIMOIIBLY. 4. CONSIDERATION OF A LOT SPLIT REOIJEST L.S. #95-0�. BY THE FRIDLEY HOIISING & REDEVELOPMENT AIITHURITY: To take Lots 15, 16, and 17, and the Southeasterly 20 fest of Lots 52 and 53, and the Southerly 15 feet of Lot 54, Block E, Riverview Heights, and split it into three separate parcels (Parcels A- C), as follows: Parael At Lots 15, 16, and 17, Block E, Riverview Heiqhts Parael Bs The Southeasterly 20 feet of Lots 52 and 53, Block E, Riverview Heights Parcael Ca The Southerly 15 feet of 7�ot 54, Block E, �"1 Riverview Heights PLANNINt� COMMI88ION MEI�TINt3. OCTOBLR 18 . 19 9 5 PA(�8 8 This property is generally located at 533 Janesville Street N.E. Ms. McPherson stated the request is for 533 Janesville which is located in the northwest corner of the community. �The property is zoned R-1, Single Family Dwelling, as are all the surrounding parcels. This lot split affects three parcels - 533 Janesville, 538 Kimball and 528 Rimball. Ms. McPherson stated this subdivision was platted in 1922. However, prior to 1922, a house was constructed at 533 Janesville. This house encroached over the lines as platted. The platting was done around the existing farmstead. The Fridley ffi2A recently acquired this property through its scattered site acqnisition program, the house has been removed, and the petitioner is in the process of marketing this lot for sale. The lot split would split off two small parcels and convey them to the adjacent property owners of 538 and 528 Rimball. This would straighten out the lot lines and eliminate the odd lot configuration. one adverse impact is that it reduces the lot area of 533 Janesville below the 9,000 square foot minimum. The lot area would be 8,250 square feet. If the request is approved, the Planning Commission should recognize this deficiency. Ms. McPherson stated the City has granted lot area variances for residential districts down to 5,50o square feet and the zoning code does permit lot areas of 7,500 square feet for lot splits and plats prior to December 29, 1955. It is not unusual to find lot areas below the 9,000 square foot minimum in this neighborhood. If there is concern abaut the marketability of this size lot, Mr. Fernelius has recently sold a lot on Hugo Street which is the exact dimension of the lot in question. In fact, a new house was built on that lot and sold. Ms. McPherson stated staff recommends approval of the request with the following stipulations: 1. 2. The adjacent property owners shali combine the new parcels with their existing parcels into-one tax parcel. The HRA shall conduct a public hearing as required by law prior to the sale of the property. 3. The Planninq Commission recognizes that the lot area of 533 Janesville Street N.E. is less than the 9,000 square feet required by City Code. Mr. Oquist asked if any of the property owners had objections. ,� � � � /"'� PLANNINa COMMI88ION MB$TINt3. OCTOHBR 18, 1995 PAaL 9 Ms. McPherson stated they do not object. The HRA is preparing all the legal documents which the property owners will sign at the time of the sale, and staff will be responsible for recording all the deeds. The property owners contacted Mr. Fernelius to proceed with this lot split. Mr. Newman asked if a variance would be required. Ms. McPherson stated a variance would not be required because Section 211.05 of the Subdivision code allows the Planning Commission and City�Council to recognize variations in the lots from what is required by the cade. Mr. Newman suggested st�ipulation �2 be deleted and make this more of a protocol. He thought we should assume that the HRA would comply with the law. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to approve a Lot Split Request, L.S. �95-02, by the Fridley Housing & Redevelopment Authority to take Lots 15, 16, and 17, and the Southeasterly 20 feet of Lots 52 and 53, and the Southerly 15 feet of Lot 54, Block E, Riverview 8eights, and split it into �"'� three separate parcels (Parcels A- C), as follows: Parael Aa Lots 15, 16, and 17, Block E, Riverview Heights Parael Ss The Southeasterly 20 feet of Lots 52 and 53, Block E, Riverview Heights Parael Cs The Southerly 15 feet of Lot 54, Block E, Riverview Heights This property is generally located at 533 Janesville Street N.E., with the following stipulations: 1. The adjacent property o�mers shall combine the new parcele with their existing parcels into one taac parcel. 2. The Planning Comm�ission recognizes that the lot area of 533 Janesville Street N.E. is less than the 9,000 square feet required by City Code. IIPON A VOICB VOTE, ALL 90TIN� AYTs, CBAIRPER80N NEWMAN DBC�D THE MOTION CARRIED II1�Il�NIMOIISLY. 5. RECEIVE THE MINLTTES OF THE ENVIRONMENTAL OUALITY & ENERrY COMMISSION MEETING OF AIIGIIST 15 1995 ...-. � ti OTION by Mr. Sielaff, seconded by 1�. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of August 15, 1995. . . �....' e�. / � PLANNINa COMMI88ION MSBTINt�. OCTOBLR 18. 1995 PAmL 10 IIPON A VOICE VOTT� ALL VOTINd AYB, CHAIRPERBON NEWMA�i DECLARBD THE MOTION CARRILD DN�iNIMOIIBLY. 6. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF SEPTEMBER 7. 1995 MOTION by Mr. Oquist, seconded by Mr. Rondrick, to receive the minutes of the Human Resources Commission meeting of September i, 1995. IIPON A VOICB VOTE� ALI. VOTIN� AYE� CHAIRPERSON NEWMA�T DLCLARED T8E MOTION CARRIED IINANIMOIISLY. 7. RECEIVE THE MINUTES OF THE APPEA?�S COMMISSION MEETING O�!' SEPTEMBER 12, 1995 OTION by Mr. Saba, seconded by Mr. Sielaff, to receive the - minutes of the Appeals Commission meeting of September 12, 1995. IIPON A VOICB VOTB, ALL VOTINt� AYS, CHAIRPBR80N NEWMA�T DLC?,ARED THE MOTION CARRIED IINANIMOIISLY. 8. RECEIVE THE MINLTTES OF THE HOIISING & REDEVELOPMENT AIITHORITY � MEETING OF SEPTEMBER 14. 1995 OM TION by Mr. Oquist, seconded by Mr. Rondrick, to receive the minutes of the Housing & Redevelopment Authority meeting of September 14, 1995. IIPON A VOICF VOTS, ALI. VOTIBa AYE, CHAIRPERSON NEWMAN DLCLARLD THE MOTION CARRILD �1�TANIMOIISLY. 9. RECEIVE THE MINOTES OF THE APPEAIS CONIlKISSION MEETING OF SEPTEMBER 26, 1995 OTION by Mr. Oquist, seconded by Mr. Rondrick, to receive the minutes of the Appeals Commission meeting of September 26, 1995. IIPON A VOICE VOT'$, AL?� VOTI�Tt� AYI:, CSAIRPBRBON NE1�Mll�T DTCLARLD THE MOTION CARRILD DN�MOIIBt.Y. 10. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OUALITY & ENERGY COMMISSION MEETING OF SEPTEMBER 26. 1995 OTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of September 26, 1995. IIPON A VOICB VOTE, AI,L VOTINa AYI:, CHAIRPERSON NEWMA�T DECLARED '�` THE MOTION CARRIED DI�Il�INIMOIIBLY. e ,. � PLANNINa COMMI88ION ME$TIN�. OCTOB$R 18. 1995 PAaB 11 11. OTHER BUSINESS Mr. Hickok provided an update on Council actions. � ADJOURNMENT OTION by Mr. Rondrick, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOICF 00TR, ALL VOTINa AYS, CHAIRPBRBON NEWMAN DLC7,ARED THE MOTION CARRIED AND TH$ OCT0888 18� 1995, PLANNINd COi�IBBION MEETIN(� ADJOIIRNED AT 8L25 P.M. � Respectfully submitted, . �� / 1)L _I`!►7/�/ � � . ...- - . . . - - n �: