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PL 10/18/1995 - 30814�� CITY OF FRIDLEY PLANNINa CO�iI88ION MEETINm, OCTOBER 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: Dave Newman, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff Members Absent: Diane Savage, Connie Modig Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant Karl & Margaret Schurr, Minco Products, Inc. APPROVAL OF AGENDA: OTION by Mr. Oquist, seconded by Mr. Saba, to approve the agenda. /'� IIPON A VOIC$ VOTE� ALI� VOTING4 AYE, CHAIRPER80N NEWMAN DECLARED _ TSB MOTION CARRIED IINANIMOIIBLY. APPROV.AL OF SEPTEMBER 20. 1995. PLANNING COMMISSION MINUTES: MOTION by Mr. Oquist, seconded by Mr. Saba, to approve the September 20, 1995, Planning Commission minutes as written. IIPON A VOICE VOTL, ALL VOTINa AYE, CHAIRPERBON NEWMAN DLCLARED THE MOTION CARRIED DNANIMOIIBLY. l. PUBLIC 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 shortcomings in the water delivery system, and identifies procedures for conservation of water resources during declared emergencies. MOTION by Mr. Sielaff, seconded by Mr. Saba, to open the public hearing. IIPON A VOICE VOTF, ALL VOTINa AYE, CHAIRPER80N DECLARBD THL MOTiON CARRiED AND THE PIIHLiC H1:AR=NQ OPEN AT 7a34 P.M. � Mr. Hickok stated the Water Conservation and Emergency Plan - amendment is being presented for comments through the public PLANNINm COMMI88ION METsTINa. OCTOBER 18. 1995 PAaE 2 � hearinq 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-t�rm conservation measures are an important part of water resource management and utility managers efforts to satisfy the ever increasing demands being placed on water =esources. Water conservation programs can be cost effective when compared to the generally higher cost of developinq and e�cpandinq waste water treatment plant capacities. 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 encouraged to evaluate conservation as a potential alternative to developing supplemental water sources durinq peak demands and non-essential water uses. The directive to cities was that plans must includ� ,'"� a description of the role conservation has in manaqing community water demands and supplies, identify specific quantifiable conservation goals and describe how the achievement of these goals would be measured and monitored, water conservation potential must be assessed for each customer category using information about demande, an evaluation of seasonal demands, and a description of short-term conservation measures that are available in the event of an emergency. Mr. Hickok stated 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 pracessing 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-essential uses defined by State statute. Mr. Hickok stated staff 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, PLANNINa CO�IBBION ME$TINd, OCTOBER 18. 1995 PA�$ 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 discuseion. 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. Hickok reviewed the comments and responses included in the Addendum to his memo of October 12, 1995, which was 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 proqram to assist in analyzing unaccounted for water losses and anticipate long 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 anticipated 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 proqram 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 metiiod of well water contamination is anticipated to be completed January 2000. Development of a water rate schedule that will promote water conaervation 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. Hickok stated the EQE made some additional comments. 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 meeting 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 comment to the Council for consideration when they discuss the water rate f� � �LANNINa CO�IBBION MEETINa. OCTOBER 18, �,995 PAGIB 4 st=ucture. 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 �aas to encourage water conservation and the ratea 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 that would recognizing lawn sprinklinq, 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 qallon rate. Mr. Hickok stated th3s is correct. The proposed rate schedule is contrary to what is currently in place. Mr. Rondrick stated he had heard on the radio an interview with a person knowledgeable about water quality and problems �rith the water supplies. The most common form of water treatment is chlorine. One of the bigqeat problems in treating water with chlorine is 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 things 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. Kondrick stated this peraon 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. Mr. Sielaff referred to Water Supply Policies, Objectives and ,--� Standards for Utility Operations, page 21, the second paragraph, and recommended this paragraph read, °The municipal water system � service will provide the higheat quality water possible that will PLANNING COMMI88ION MEETINa, OCTOBBR 18. 1995 PAa� 5 �� not negatively impact the natural water resources of the community or region." Mr. Sielaff stated the EQE discussed the Emergency Ordinance Provisiona, page 42. Mr. Hickok stated water quality provisions would be included in the ordinance. The items on page 42, 8, 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 emerqency can be quality related and not necessarily quantity related. It will be in the emergency ordinance and should also be in the plan. OM TION by Mr. Oquist, seconded by Mr. Rondrick, to close the public hearing. IIPO�1 A VOICS VOTE, ALL VOTIN(� AYE, CHAIRPERSON NEWMAN DLCLARSD THE MOTION CARRIED AND THE PIIBLIC BEARINm CLOBED AT 7s58 P.M. OM TION by Mr. Sielaff, seconded by Mr. Saba, to approval of the Water Conservation and Emergency � to the City's Comprehensive Plan subject to the suggested. � recommend Plan Amendment corrections as IIPON A VOICI� VOTE� ALL VOTINO AYE� CHAIRPER80N NLWMA�i DBCLARLD TH8 MOTION CARRIED �Il�INIMOIIBLY. 2. PUBLIC HEARING: CONSIDERATION OF A COMPREHENSIVE PLAN AMENDMENT. CPA #95-02, BY THE CITY OF FRIDLEY FOR MINCO 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 i�ane N.E. OTION by Mr. Rondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. IIPON A VOICS VOTE, ALL VOTINd AYE, CHAIRPERBON NEWMAN DECLARED THS MOTION CARRIED A�TD THE PIIHLIC HEARINa OPSN AT 8a00 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 I�ane. Staff is now askinq the Metropolitan Council to change the land use desiqnation from commercial to industrial. It would add 2.19 acres back into the City�s industrial land base. The City PLANNIN� COMMIBBION MESTINa. OCTOHBR 18. 1995 PAa$ 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. Kondrick, seconded by Mr. Sielaff, to close the public hearing. IIPO�i A VOIC$ 00TL, ALL VOTIN� AYE, CHAIRPER80N NEWMAN DBCLARED THE MOTION CARRIED AND T� PIIBLiC HEARiNa CL08ED AT 8a04 P.M. M TIO 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 industrial on Lots 16, 17, and 18, Block 2, Commerce Park, qenerally located at 7321 Commerce Lane N.E. IIPON A VOICE VOTE, ALL VOTIlJa AYE, CHAIRPLRBON NEWMAN DECLARLD THL� MOTION CARRIED IINANIMOIIBLY. Ms. McPherson stated the City Council will consider this item on November 13. 3. CONSIDERATION OF A VACATION REOUEST, SAV #95-04, BY GARY DMAN: 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. 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 easement 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 words "utility easement" were located in the most westerly 10 feet on the site plan; however, the linea ma=kinq the easement actually go 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; althouqh they have requested that we retain a 10-foot easement adjacent to the dwellinq for any potential future use by the City. The survey presented at the meeting is not a verifying survey. Staff is requesting a verifying 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. ,--, �� Ms. McPherson stated staff recommends approval of the request to - the City Council with the following stipulations: /� � PLANNIN� CO1�II8BION MEETIN�. OCTOBBR 18. 1995 PAO� 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 alonq 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. TION 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, qenerally located at 60 - 70th Way N.E., with the following stipulations: 1. The petitioner �hall 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. IIPON A VOICE VOTE, AI�L VOTINa AYE, CHAIRPER80N NEWMAN DLCI�ARED THE MOTION CARRIED IINANIMOIISLY. 4. CONSIDERATION OF A LOT SPLIT REOUEST. 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 Iieights, and split it into three separate parcels (Parcels A- C), as follows: Parael Aa Lots 15, 16, and 17, Block E, Riverview Heights Paroel Ba The Southeasterly 20 feet of Lots 52 and 53, Block E, Riverview Heights Paroel Ca The Southerly 15 feet of Lot 54, Block E, ,,.� Riverview Heights � PLANNINm COMMIBBION MELTINa. OCTOBER 18. 1995 PAt3� 8 %`'� This property is qenerally located at 533 Janesville Street N.E. Ms. McPherson stated the requeat 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 �plit affects three parcels - 533 Janesville, 538 Rimball 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 HIZA recently acquired this property through its scattered site acquisition 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 Co�ission should recognize this deficiency. � Ms. McPherson stated the City has granted lot area variances for residential districts down to 5,500 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 about the marketability of this size lot, Mr. Fernelius has recently sold a lot on Hugo Street which is the exact d3mension 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. The adjacent property owners shall combine the new parcels with their existing parcels into one tax parcel. 2. The HI2A 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. ,--. PLANNING COI+�lI88ION ME$TING. OCTOBBR 18, 1995 PA�� 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 code. Mr. Newman suggested stipulation #2 be deleted and make this more of a protocol. He thought we should assume that the HRA would comply with the law. OTION by Mr. Oquist, seconded by Mr. Sielaff, to approve a Lot Split Request, L.S. #95-02, by the Fridley Housinq & 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 Heights, and split it into three separate parcels (Parcels A- C), as follows: � Parael A: Lots 15, 16, and 17, Block E, Riverview Heights Parael Ha The Southeasterly 20 feet of Lots 52 and 53, Block E, Rivervie� Heights Parael Ca 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 owners shall combine the new parcels with their existing parcels into one tax parcel. 2. The Planning Commission 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 VOICF VOT1:, ALL VOTINa AYE, CSAIRPSRBON NEWMAN DECLARLD THE MOTION CARRIED ONANIMOIIBLY. 5. RECEIVE THE MINUTES OF THE ENVIRONMENTAL OIIALITY & ENERGY COMMISSION MEETING OF AUGUST 15. 1995 � OTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting - of Auqust 15, 1995. <f� � , i '� PLANNINa COMMIBBION MEBTINa. OCTOBER 18. 1995 PAm$ 10 IIPON A VOICE VOT�, ALL VOTING AYE, CSAIRPERBON NEWMAN DECLARED TH8 MOTION CARRIED IINANIMOIIBLY. 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 Commiasion meeting of September 7, 1995. IIPON A VOICTs VOTE, ALL VOTINa AYE, CHAIRPERBON NBWMA�T DLCLARED THE MOTION CARRIED tJNANIMOIIBI.Y. 7. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF 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 VOICL VOTE, ALL VOTINa AYL, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII9LY. 8. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF SEPTEMBER 14, 1995 OM Tzox by Mr. Oquist, seconded by Mr. Rondrick, to receive the minutes of the Housing & Redevelopment Authority meeting of September 14, 1995. IIPON A VOICL VOTB, ALL VOTINa AYL� CHAIRPERBON NEWMAN DECLARLD THS MOTION CARRIED IINANIMOIIBLY. 9. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF SEPTEMBER 26, 1995 MOTION by Mr. Oquist, seconded by Mr. Kondrick, to receive the minutes of the Appeals Commission meeting of September 26, 1995. IIPON A VOICE VOTE, ALL VOTINa AYE, CBAIRPER80N NEWMAN DECLARL�D THE MOTION CARRIED IIi�Il�1NIMOQBLY. 10. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY & ENERGY COMMISSION MEETI1dG OF SEPTEMBER 26, 1995 MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of September 26, 1995. IIPON A VOIC� VOT$� ALL VOTINa AYE, CHAIRPERBON NEWMAN DECLARED THE MOTION CARRIED ONANIMOIISLY. PLANNINm COMMI88ION MBETINa. OCTOHER 18, 1995 PAa$ 11 �� 11. OTHER BUSINESS Mr. Hickok provided an update on Council actions. � ADJOURNMENT OTION by Mr. Kondrick, seconded by Mr. Oquist, to adjourn the meeting. IIPON A VOICE VOTE, ALL VOTING AYB, CSAIRPER80N �i81iMA1�1 DECLARED THL MOTION CARRIED AND '1'H� OCTOBER 18, 1995, PLANNINd CO�I88ION MEETiNa AATOIIRNED AT 8a25 P.M. � Respectfully submitted, �J % I�avonn Cooper Recording Secretary � � S I G N— IN S H E E T . � PLANNING COMMIBSION.MEETING, Wednesday, October 18, 1995 Name Address/Business � � � � Ci � �� .�t� � ��� `'G' % ��n <3C� �:�ysa,��2L1 c,� �n �>? c'e� � /�. �1� �