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PL 04/20/1977 - 30466CITY OF FRIDLEY � PLANNING COMMISSION MEETING — April 20, 1977 Page 1 � CALL TO ORDER= Chairperson Harris called the meeting to order at 7:40 PoM� ROLL CALL: Members Present: hlembers Absent: Others Present: Shea, Bergman, Harris, Schnabel, Lagenfeld Peterson Jerrold Boardman, City Planner APPROVE PLANNTNG CO��ISSION MINUTES� April 6, 1977 Mr• Bergman requested that page 2, the first and sixth sentences, the word ^not^ be eliminated� Mr� Lagenfeld requested that on page 3, the sixth paragraph, the last sentence be eli�inated� Mrs� Schnabel requested that on Page 10, the fifth paragraph from �he bottom� the first sentence, the word ^of^ our business community be changed to read ^to^ our business community• n �,Third paragraph from bottom, page 10, third line, the word ^toward« �should be changed to ^with^� It should read •�•� which deals directly with the City's objective with the business community� � MOTION by Shea, seconded by Schnabel, that the Planning Commission minutes of April 6, 1977, be approved as amendeda Upon a voice vote9 all voting aye, the motion carried unanimously� 1• BY GARY PETERSON= Rezone from C-Z {local business areas} to R-2 {two family dwelling areas} Lots 3, 4, 22 &�23, Block 2, Meadowmoor Terrace, to allow the construction of Double Bungalows/ Duplexes, the same being 1326 and 1355 Osborne Road N�E� and 1331 and 1345 Meadowmoor Terrace N.Eo Mr• Gary Peterson, the petitioner, was not present• Chairperson Harris explained that this particular item was moved to May 4, 1977, at the petitioner's request• Mr• Boardman explained that all people concerned had been notified by mail that the hearing would be continued on May 4, 197?, at the petitioner's request• Plannin9 Commission Meeting — April 20, 1977 � Pa e 2 Chairperson Harris asked why this was being done- M�• Boardman explained that Mr• Peterson wanted to wait so that the variance would go through at the same time. M�• Bergman mentioned that perhaps, since this was a public hearing, that anyone that did happen to be in the audience should be able to speak. Chairperson Har�is asked if there was anyone in the audience in regards to the item• There was no one, mainly because Mr. Boardman had notified, by.mail, all concerned people. MOTION by Bergman, seconded by Lagenfeld, that the Planning Commission continue until May 4, 1977, Public Hearing: Rezoning Request, ZOA �77-01� by Gary Peterson• Upon a voice vote, all voting aye, the motion carried unanimously• 2• CONTINUED= REQUEST FOR A LOT SPLIT� LoS� �77-�2, BY PARK METROPOLITAN INVESTMENT FUND: Split off the Southerly 120 feet of Lot 1, Block 3, Commerce Park, to make two parcels for tax purposes, the same being ?300 and ?320 University Avenue N�E. {Zoned C-2}• {See Appeals Commission minutes of April 12, 1977, for variance approval}• Mr• Steve Coddon, Park f�etropolitan Investment Fund, was present. Mr. Boardman explained that presently located on this property is a gas station and a car washo The property and one building is owned � by one party and the other building is owned by another person. Mr• Boardman explained that the request is to split the property. .- He explained that the buildings are ten feet apart and by making the lot split right down the middle of the two buildings, there would be a five foot setback for each building� The property does meet the requirements as laid out for the commercial zoning on the property. Each building has a front footage of 160 feet o Reference was made of the Planning Commission min�tes from 1970, where action was taken• At that time, the Commission had made a statement that if at any time they wanted thi s property under two ownerships, the lot split would have to be approved by Council. Mr• Codden made reference to the Appeals Commission Meeting of April 12, 1977, at which he had made a variance request, that M°r• Robert Aldrich, Fire Prevention Bureau Chief, had reaffirmed his statement made June 1, 1970, regarding ifire protection. Mr• Aldrich had stated that the structures were low and he would have no reservations in the construction of {or} placement in the event of a fire• He said that the trucks could get around the buildings easily- Mr• Codden felt it would be sensible, at this time, to have the lot split- Mrs• Schnabel verified what Mr• Codden had said regarding the Ap�il 12, 19??, Appeals Commission Meeting. r� _ --�� Planning Commission Meetin — April 2D, 1977� Page 3 Mre Lagenfeld made the statement that accessability of this property posed no problems• '� Mro Lagenfeld asked Mr� Codden if it wasn't his.intention to se11 this property� Mre Codden confirmed the statement that it was his intention to divest himself of the ownership of the self-service car wash� Mr� Bergman made the statement that the Planning Commission has received the request to do a lot split regarding two structures which do exist and are, in fact, ten feet apart� He stated that even though they do involve a conflict of city code, in reality the buildings do exist and he felt that at this point, it should be recommended to City Council� MOTION by Mro Bergman, seconded by Mrs. Schnabel, that the Planning Commission recommend to City Council approval of a lot split, L. S� �77-02 byPark �letropolitan Invenstment Fund,,� to split off the Southerly �?n fo�± �f ��± �9 R��C� 3, Cor^rierce �ark, tc�!n?k� tw� oarcels for tax �urposes, the same being 7300 and�7320 University Avenue N.E., zoned C-2. Upon a voice vote, all vo�ing aye, the motion carried unanimously. Chairperson Harris stated that this request would go to the City Council on May 2, 1977. ^ 3. PUBLIC HEARI�JG:• REQUEST FOR A SPECIAL USE PERMIT, SP #77-02, CANADIAN FINANCIAL CORPORATION: Fer Fridley City Code, Section 205.051, 3 E and F, to allow the ;: construction of housing for th� elderly and an automobile parking lot for off- street parking in an R-1 Zoning District, on Lots 1-7, and the Northerly 215 feet of Lot 24, Block 1, Alice Wall Addition. MOTION by Mr� Lagenfeld, seconded by I�rs� Schnabel, to open the Public Hearing request for a special use permit, SP �77-02, Canadian Financial Corporation� Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 7:55 Po�10 Mra Richard So Kahn, Canadian Financial� Corporation, was present. Mr� Boardman explained that the original plan for the property zn question was -For a 144-unit conventional apartment building� However, the financing for that particular project did not come through, and Canadian Financial Corporation stepped in with an immediate proposal on that property. Mr. Boardman explained that the fi�st proposal received was for 138 multi-family units. The Staffr went out to the Golden Valley project which Canadian Financial Corporation is involved in, the Dover Hill project. This project was carefully looked at along with Canadian Financial Corpora�ion. He worked with Canadian Finance in developing a proposal for 104 multi-family area and 10W unit elderly structure� The mu].ti-family units would be located in a presently zoned R-3 area that was zoned for apartment buildings � The elderl,� buildin,� �woul�l be, loFated � � on trie Northern part of the R•1 zoned property; including Lots 1 through 7. Planning Commission Meeting — April 20, 1977 Page 4 Under the proposal for the 104 unit multi-family and 104.unit elderly, we would have required a special use permit to allow the elderly building in Zone R-1 and also a special use permit to allow a portion of the multi-family area to be in the R-1 zone• Also with the 104 n unit proposal it would have required a variance• The maximum number of units allowed on that portion is 92 units• The Canadian Financial Corporation went ahead with the 104 units at this time with full knowldege that a special use permit approved, they would go for a variance• This proposal has been sent to the Human Resource Commission and the Community Development Commission• These commissions recommended to Canadian Finance Corporation that they may want to bring the number down to 92 units• Canadian Finance Corporation agreed to do this. Therefore, the plan now is for 92 units multi-family and 104 units elderly• This would eliminate the need forthe Special Use P�rmit to allow�parking�in the R-1 zoning for the multi-familv complex. _ Mr• Boardman also pointed out that they are still proposing the single family development along seventh street and 63rd & 64th _. Avenues and eliminate lots 1 thru 7 but keep lots 8 thru 22• At this point M�. Boardman turned the floor over to Mr• Richard Kahn from Canadian Financial Corporation• Mr• Kahn presented more background material on how they arrived at their present plan. He explained that back in November, the Canadian Financial Corporation had been working with the Wall Corporation on a proposal that had previously been approved by � the City Council for that property for a 144-unit conventional type building• As they progressed with this particular proposal, the �, State Housing Finance Agency came back and said they should consider a plan more oriented towards family townhouse units. This required them to come back to the city with a whole new concepto The reason they changed the plan from family to combination family/elderly came after some discussions with the City of Fridley Staff� The Staff felt that a project the community had the greates� interest in was a combination of both. Mr• Kahn stated they had taken the Staff for a tour of the Golden Valley project and Staff had given encouragement to duplicate the Golden Valley Plan. Therefore, Canadian Financial Corporation then came up with a new plan that would call for a Senior Citizen mid-rise of five stories, with 104 units and 104family townhousetype units- Based on further discussions they had with the Staff and during meetings with the �ommunity Development Commission and the Human Resources Commission last week they had again modified their plan slightly and came up the the plan that Mr• Kahn had displayed• M�• Kahn then described the plan. He explained that the larger gray area on the plan was the Senior Citizen mid-rise building consisting of 104 units, five stories high, with all units having one bedroom• There would be a F+alf-moon pick-up/drop-off area in front of the Senior Citizen building• There would be no parking allowed here, however, the area would be big enough for a bus turn-around. There would be ^ parking behind the Senior Citizen building. There would be a SOi , parking capability for the senior citizens consisting of parking spaces and garages- ;U��� �� Planning Commission Meeting — April 2D, 197? �age 5 �r• Kahn continued with his description of the plan. He indicated that the remainder of the area was the multi-family units. He said that � after discussion with Staff, ins�ead of 104 multi-family units, there would y;, be only 92 units. Therefore, he explained that there would be no request for a variance on that part of the proposal� Mro Kahn then went to the drawing of the plan and pointed out to the Commission a few of the things he had added such as a tennis court, a court for basketball/volleyball, a play area for the children, and playground equipment for the smaller children� He added a buiZding of approximately 2,400 square feet for a community center. He indica�ed that they would be doing extensive landscaping, especially around the pond� He said there would be a walking path, well lighted, with benches at various points around the pond� Also he indicated a picnic area for both the senior citizens and family areas� He added that the Senior Citizen area would also have a putting green, gas grills, and a community room located in the building� This community room would be approxiamtely 1,200 sqware feet in size and would be made available to the Senior Citizens of Fridley for their various meetings and activitieso There would also be several multi-purpose rooms available for the use by Senior Citizens. Mr� Kahn indicated that one parking space and one garage would be provided for each o� the 92-unit mul�i-family townhouses� Mr� Kahn then went into some detail with regards �o what Canadian �,Financial Corporation has done in Golden Valley. The city of Golden Valley was very extensively involved in the Dover Hill project� �`Golden Valley had been very resistent at firs� to have this kind o� proposal in their community. They indicated that if they were going �o have this �ype of project, there were two things they had to know — {1}they had to know that they would have control in designing the project and {2} know that they would have control over the management of the project indefinitely into the future� Mro Kahn indicated that Golden Valley did control the design of the project from start to finish. In terms of management, what the Ci�y of Golden Valley did is in the zoning approval Canadian Financial Corporation received, that for all times the City Council of Golden Valley would control the management policies of the complex and if there was ever a time that Canadian Financial Corporation was doing something with that project in terms of management that the City didn't like, they could, through the Council, issue an order to have Canadian Financial Corporation change it- If the City didn't like the way the grounds were being maintained, if they didn't like the kind of.programs that they were offering to the residents, if there were complaints from neighbors about something they weren't doing, all they would have to do is simply order them to take care of the matter and Canadian Financial Corporation would have to do it• �� Planning Commission Meeting — April 20, 1977 Page 6 Mr• Kahn indicated that the City of Golden Valley also established a procedure where the Human Resources Commission would review the operation of this project on a continual basis� Four times a year ^ the Commission would review the operation� Twice a year they would make a report to the City Council as to how they were doing and if they felt that there were things that would have to be changed, they would make recommendation to the City Council• The Council, in turn, would indicate to Canadian Financial Corporation that such things were to be done immediately• Mr• Kahn said that the City of Golden Valley has become so involved in this Project that Canadian Financial Corporation meets with a �epresentative from the Human Resources Housing Community Development Commission, a social services director, and a resident manager and go through applications and unanimously agree on who should live in each unit• He stated that in the instance of poor tenants, there was a court procedure whereby within 30 days, they could be evicted even if the lease had not expired• Mr• Kahn said that thev were not reluctant to do this• Mr. Kahn stated that he fel� that this process-was one of the reasons that this project has been so successful• Mr• Kahn proceeded to say that because this project has been so successful, they would like to duplicate this idea in Fridley• He said that Canadian Financial Corporation would like to set up some arrangement whereby on a long term basis, Fridley, like Golden Valley� would be able to control the management of the complex and through Human Resources or Community Development Commissions {whichever manner� Fridley decided to structure it} they would constantly be working with management from the City in developing management policies i r and determining what kinds of people should be living in this project. and, in general, making sure that the Project is being operated the way the City of Fridley would want it to be operated� Mr. Kahn continued with his presentation by explaining that all the Senior Citizen units would be subsidized• Under that program, the tenants would pay 25 percent of their monthly income for rent• This would mean that those tenants on Social Security payments of �400 per month would pay $1D0 per month for rent. Mr. Kahn indicated that the multi-family section would also be eligible for this plan• Mr. Kahn gave the breakdown of the multi-familY units. There would be 40 one-bedroom units, 40 two-bedroom units, and 12 three-bedroom units• In closing, Mr• Kahn, said that some preliminary research had been done and Fridley has a relatively high degree of people approaching 65• Canadian Financial Corporation has found that when people retire, usually they want to stay in the community they have lived most of their lives; however, many times they are fo�ced to leave because their ability to pay for housing had gone down, while housing and �ents had gone up• n Planning Commission Meeting — April 20, 1977 Page 7 Mrs. Schnabel asked about plans fo� single family dwellings on the remaining lots• �' Mr- Kahn answered that u on a p pproval of the plans, there is presently a contractor interested in the remaining lots to build single family dwellings. The price range of these homes would be in the �50-60,�00 range• Chairperson Harris asked if the driveways emptied onto Mississippi- Mr• Boardman answered that all accesses are on fifth street. The drop off/pick-up area in front of the Senior Citizen Building would be the only driveway onto �ississippi Street� �r• Boardman indicated that he didn't feel that this would result in an extensive amount of traffic. Mrs. Shea expressed concern for the lack of a plan for tornado shelters. � Wanted to know if some provision could be made for such shelters� Mr� Kahn answered that he assumed that some provisions for tornado shelters would have to be drawn into the plan before the proposal could be approved� Mr� Bergman commended f1r. Kahn on the fact that many of the items of concern and considerations brought up a� �he Cornmuni�ty Developmenic Commission meeting of April 1.2, 1977, have been en�ered into the new plan being presented• He felt that, in deed, Mr. Kahn had an �� improved plan� �� Mr� Bergman asked �Ir� Kahn how Canadian Financial Corporation had arrived at the size of the Senior Citizen building and the number of units it would contain. Mr. Kahn answered that Canadian Financial Corporation assumed that the height of the building would be a matter of concern in Fridley� Therefore, they decided on five stories, which because of the size of each unit, would best handle 1�4 units. If a need was expressed for more units, ichen it would mean they a�ould have to add more heighto The reason they wouldn't make the building longer is that it would be too far of a walk to the elevators for the residents living at the far ends of the hallways. Mr� Lagenfeld wanted to know the approximate turn-over in the Project� Mre Kahn commented that in the Senior Citizen building there would basically be no turn-over� Generally, once a person moves into a Senior Citizen residenee, they generally stay� He estimatec� that in the family dwellings� the turn-over would be about 30-35i per year. �� Planning Commission Meeting — April 20, 197? Page 8 Mr• Lagenfeld asked Mr. Kahn to explain the screening process- �M• Kahn responded that the process would be whatever the City of Fridley decided• It could be made the respon'sibility of the � Human Resources Commission or the Community Development Commission• It could be handled the same as Golden Valley- Mrs• Schnabel wanted to know the breakdown of the 92 multi-family units- Mr• Kahn indicated that the larger building would consist of eight one-bedroom units and eight two-bedroom units• The two-bedroom units are two-story townhouses that will be 1�200-1�300 square feet• On top of each two-bedroom unit ia a ane-bedroom unit� The other buildings would be either two or three-bedroom units• The overall breakdown would be 40 one-bedroom units, 40 two-bedroom units, and 12 three- bedroom units. Mrs• Schnabel wanted to know about guest parking for the senior c�tizen building• Mr� Kahn indicated that approximately 1/3 of the tenants would have cars• There are 52 parking spaces available for the 104 units� Therefore, he felt that there would be ample spaces for the guests to park• He indicated that at the Golden Valley project, there are always plenty of empty space• He added that guests would enter from Fifth Street and then proceed to the Senior Ci�izen Building- Mr• Kahn continued that at the Multi-Family section they have allowed for one space and one garage for each unit� Not all families will �'`� have two cars; therefore, again, there would be ample parking for � � guests• M�s� Schnabel wanted to know if there would be a guest room in the Senior Citizen building for visiting families- Mr• Kahn indicated that in the past, when Canadian Financial Corporation asked the Senior Citizens what they wanted done with extra available space, most of them indicated they would like to have a semi-medical clinic that would be available for them• The tenants felt that the utilization of the extra space would be more beneficial to them as a clinic than a guest room• However, Mr• Kahn, indicated that they would leave the decision of what to do with extra space up to the tenants themselves- Chairperson Harris wanted to know approximately how many children would come out of the multi-family area. Mr• Kahn responded that studies have come up with an estimated number of . 7 c�i 1 dren per uni t3 Chairperson Harris asked Mr• Boardman if anyone from the Fire Prevention Bureau had checked the plans in �egards to the height of the Senior Citizen Building• ,� _ _ - -� Planning Commission Meeting — April 20, 197? Page 9 �I,r• Boardman answered that', _ • � there would be no problem handling the fiv� story building� Chairperson Harris wanted to know if there would be any screening process for the Multi-Family section- . Mr.� Kahn responded that it would be the same as explained for the Senior Citizen Building� Chairperson Harris wanted �o know what will happen to the rest of the R- 1 Zoned lots 18-22� Mro Kahn indicated that ichey would be sold to another developer who would build single family homes.in the $50-60,�OD price range• Mr� Kahn indicated that he noticed that there were many people in the audience who had been at.the Dover Hill Project in Golden Va_lley and he assumed they would have �ome questions ichey might want answered• Mrs� Schnabel wanted it to be understood that the reason the Planning Commission was not asking many questions w�s that the Commission had been invited out to Golden Valley to see the Dover Hill Projec� and many had gone and had asked numerous questions previously. At this point Chairperson F�arris asked if there was anyone in the au�ience who would like to comment about the Project. �"'� . Mrs. Maddison of ?311 Oakley Street N�E� commented �hat she was �� very much interested in the Senior Citizen Building� She said sh8 was presentl.y living in a Mobil Homeo She presently had to do all the lawn work, all the shoveling, and general upkeep of the property. She felt �ha� it wouldn't be long before she wouldn't�feel like or be able to do all the work necessary. She said that there wasn°t any place in Fridley a person could go to get this type of aceommodations. She felt that Fridley should definitely consider something of this type for its Senior Citizens. Mrs� Gladys Peek of Z�47 North Circle N�Eo commented that the Senior Citizens would all like to remain in Fridley where they have lived for many years� She said that it was becoming increasingly harder to find an apartment that a Senior Citizen could afford. She saa.d she would be delighted if this building could be in Fridley. Mr. Steven Takle of 6311-7th Street N�Eo wanted to know what would happen if �the Federal Subsidy Program was cut back in coming years. Wha� is being planned to take care of this problem? Mr. Kahn responded that before construction is even started, Canadian Financial Corporation would sign a contract with the Governmen� for 40 years, guaranteeing this rental subsidy pragramo ,.-�� Mr• Takle asked if there was a firm agreement with the contractor ,; to build the single family dwellings on lots 8 thru 22� M�o Kahn said that yes, there was an agreement and the contractor was r-eady to go ahead as soon as the project was approvedo Planning Commission Meeting — April 20, 197? Page 10 Mr• Takle asked about the completion time, should the project be approved• • Mr• Kahn said that he hoped to begin construction this fall and ^ figured that it would be completed in about one year• Mr• Takle quoted Mr. Kahn as saying there would be one parking space and one garage for each multi-family dwelling• He wanted to know if any provisions would be made for the many things that accummulate in a family like bikes, wagons, and other play things� Mr. Kahn said that this would be the responsibility of each family to keep up their yards� There will be policies made up governing this type of thing and the management will take care of the matters immediately• Mr• Takle asked if the Senior Citizen and Multi-Family grounds would be kept up by the same people� Mr• Kahn said that yes there would be the same up keep on both grounds. Mr• Takle commented that there was a park close by and would there be walkways provided from the project to the park• He wanted to know who would be assessed for these walkways. Mr• Kahn said that they have not included this type of walkway to the park in their plans� � Mr• Boardman commented that there would be walkways all around �� - �and throughout the project. He said that there would be a sidewalk to the park, but that it would not be a part of the project. Mr• Boardman submitted a letter received from the County Commissioner of Anoka County offering the support of the County Board to the proposed senior citizens' housing project planned for the Wall property in the City of Fridley� MOTION by Mr. Lagenfeld, seconded by t1rs• Schnable, that the Planning Commission receive the letter from Anoka County, Mike E� 0°Bannon, County Commissioner. Chairperson Harris read the letter. Upon a voice vote, all voting aye, the motion carried unanimously and the letter was received• � Chairperson Harris said that the letter will go in a file to go to City Council• �"1 � Planning Commission Meeting — April 20, 1977 Page 11 Mrs• Olive Hedman of 5695 West Moore Lake Drive commented that she had gone out to the Golden Valley Project and she felt that the ,�"'� Senior Citizen building was a nice, secure place to live. She said that there were a lot of high-rise buildings for seniors, but none of them were in such a safe neighborhood as the one in Fridley. She said that she really liked Fridley and would like the opportunity to stay here� Mrs. Nelen Burtson of 1091 North Circle N�E� said that she really couldn't add anything to what everyone else had said. She .iust said that she would really like to have the Senior Citizen Building• Sue Shelton of 500 Bennett Drive N.E� commented about the abundance of water runoff when it rained• She wanted to know where all the water would go. Mr. Boardman commented that with the development of this property they would be making it possible for �he pond to handle a 50-year flood. He said that the purpose of the ponding area was to handle the water run off; basically a holding area for abundant water until the water could gradually run off into the sewer systems� He said that this would eliminate the need to completly update the entire sewer systems in the area. Sue Shelton asked if the Senior Citizen Building and the Multi-Family buildings would be managed separately or by one and �he same- � Mra Kahn said that Canadian Financial Corporation will manage ;_ �., both areas • . Mr. Schnabel asked Mr� Boardman who would be assessed for the storm sewer system� Mro Boardman said that the sewer system would be totally within the property itself� Mro George fl�isner of 373 �lississippi Street expressed concern about driving onto Mississippi Street from a driveway. His concern was from the standpoint of what another driveway will do� He also felt that a five-story building would have a negative impact on the areao Mr• Kahn didn°t agree that it would be a negative thing� He said it didn't seem to produce any hostile feelings at all in Golden Valley and they have a seven-story Senior Citizen Building� /'�, , , �� Planning Commission Meeting — Apri1 20, 1977 Page 12 Chairperson Harris asked I�r• Kahn if he had elevations of the buildings. �= Mr• Kahn showed the commission the exact comparison to the library thaz would be right next to the Senior Citizen Building� The arches on the library would be about 1/2 as high as the Senior Citizen building• Also he explained that the landscaping and grading of the grounds would be such that it would help neutralize any problems• Mr•Meisner wanted to know if the extensive grading involved would be included in the proposal and if it would be all done at once• Mre Kahn responded yes to all comments� Mr� Meisner questioned the security procedures that would be in the Senior Citizen building. M�• Kahn explained that they would have a full security system with intercoms and buzzerso The building would be locked at� all times. The residents would have to go to the door to give addmitance to anyone• Mr� Meisner wnated to know if this was only an apartment complex for the elderly or perhaps sometime in the future, will families be allowed to rent� Mr• Kahn responded that this would be an apartment complex for Senior Citizen ONLY- Mr• Meisner want ta know the difference in regards to the special use permits� Mr� Boardman said that only hospital clinics, housing for the elderly, rest homes or senior citizen residences can be built in an R-1 Zone with a special use permito Apartment complexes cannot. Mrs• Joseph Tapsak of 510 Mississippi Street N�E• expressed concern for the children in regards to the pond. She wanted to know if a fence would be installed� She wanted to know how deep the water would be� Also she wanted to know if there would be something done �egarding insect controlo Mr• Kahn said they had no plans to fence the pond as they found fences were more of a challenge to children than a safety factor- He said that special precautions were being taken to have the pond have a gradual slope and no sharp drop offs• � � �. MR• Boardman explained that the water would probably be two to three feet deep except during a storm, at which time it would be considerably deeper.Y Any overflow of water in the ponding area would go into the parkings areas and gradually be handled by the storm sewer system. He indicated that actually they didn't anticipate this to be a frequent event• He felt th�t this method would be a temporary type of thing ^ that would have to be lived with• Otherwise, they would have to , enter into a substantially expensive re-modificatior� of the total sewer system in the area• ,� � �"� ,' �: r� r � Planning Commission Meeting — April 20, 197? Page 13 Mr• Boardman also explained the capability of the ponding area to take care of 12 acres of water, one foot deep• Mr• Kahn said that Canadian Financial Corporation would do whatever the City of Fridley felt was necessary as �ar as insect control. M�• Boardman said that presently there was a plan in the proposal to keep the water in the pond from becoming stagnant. He felt that this could possibly tie in with t.he insect control for the complex• Chairperson Harris asked what was presently being done in regards to insect control in that area• Mr� Boardman stated that presently nothing in particular was being done� � Mr� Arvid Miller of 525 Be�nett Drive N.E� asked if the storm sewer system is updated in the future what would happen to the pond area• Also he wanted to know who would handle this assessmen�� Mrn Boardman explained that if something like that was done, the project would handle their share of the expenses. Regarding the pond, �he area would become open space in the projecto He said that the area would remain open space and not build on� Mr• Takle wanted a verification tha� the Senior Citizen building would be for senior citizens able to take care of themselves and not a nursing home• Also wanted verification of the parking space available for the Senior Citizens. Also wanted to know about overflow parking during peak visiting times• Mro Kahn verified that the senior citizen building would be for people capable of taking care of themselves. He explained that parking would be approxi►nately 5D percent and that in Golden Valley, this amount of parking space was adequate• Chairperson Harris commented that since the Coun�ty of Anoka stated that this Senior Citizens' housing would be in conformance with the plans ofr the County Library Board and the County Board of Commissioners, perhaps something could be worked out with the Library to utilize their parking area on special holidays {Christmas, Easter, etc} when the Library would not be open• A senior citizen from the audience made the statement that basically most senior citizens spend holidays with their childrer and the parking would probably be less of a problem on these days� Planning Commission Meeting — Ap�il 20, 19?7 Page 14 Mr• Lagenfeld said that he went on the tour of the Dover Hill project in Golden Valley and that he found it to be most impressive• He looked at locks and pounded on walls to check for hollow spots. He !� said he was very nosey, more so than he figured Canadian Financial Corporation had expected� He felt that the construction of the Senior Citizen building was superb. He said that each room had a smoke detector and a central smoke detecting unit in the hallways; in other words he felt that as far as fire protection, this project couldn't be beat•. He indicated that some people made comments as to this being a^high rise^• It seems that immediately a person would think of some kind of skyscraper sticking out like a sore-thumb• He didn't think that that was at all true even with the seven stories in Golden Valley. He went on to say that he tried looking at the project from the outside, putting himself in the position of a citizen of Fridley as to how this really would appear• He really felt that once completed, this project would actually blend in with the surrounding areas and would be an asse't to the City. He indicated that many people think that the project will be subsidized, therefore that it would be sub-standard- Mr. Lagenfeld indicated that NO WAY• He felt this was a really beautiful structure• He felt that the City of Fridley would really be able to say they were proud of this project� The city would be able to take pride in the fact that they were finally getting something for the Senior Citizens� He also indicated that we really do need this type of rental unit in our community� There was applaud from the audienceo ,� Mrs• Schnabel indicated that for four years or more she has wanted �' ''� to see a Senior Citizen housing project in Fridley. She had always had the opinion that this particular piece of property would be ideal �or this type of projecto She really felt that this Senior Citizen plan has been a long time in coming� Mrso Schnabel asked Mr. Boardman if there were any plans regarding the intersection of Mississippi and University avenues as to improving it for pedestrian safety� Mr� Boardman said that he felt that this was something that really had to be looked into. An observor from the audience came forward to add the comment that the intersection of Mississippi and Hwy 4? was scheduled to be reviewed- He said that many things were being considered such as turning lanes, improved pedestrian crossings, and possibly an overpass• Chairperson Harris asked Mr. Boardman if Staff had read through the Management Plan� Mr• Boa�dman said that they had� He indicate� that Staff was in complete agreement with the plan as drawn up. The only point that needed more wording was the opening of the building for community Senior Citizen functions� ,� Planning Commission Meeting — April 20, 1977 Page 15 Chairperson Harris asked Mro Kahn if he had seen the list of t�tipulations- �, Mr- Kahn said that they have seen and read the liste He agreed to _. go along with all items. Mrs• Shea indica�ed that Mr. Kahn has been most willing to answer any and all questions that the members of the Planning Commission have had� She indicated that Canadian Financial Corporation has also been most cooperative to any concerns or ideas the members have had. Mr• Lagenfeld made the statement that the Senior Citizens living in the Dover Hill project seemed most satisfied• He also wanted to poin� out that this project would be centrally located• He felt that it was true that some problems would have to be ironed out, but he was most confident that the Staff and Council would be able to clarify everything. MOTION by Mr• Lagenfeld, seconded by Mrs• Shea, �o close the public hearing: Request for a special use permit, SP �77-02, Canadian FZnancial Corporation• Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 9:10 P�M� MOTION by Mr� Bergman, seconded by Mrs� Shea, to recommend to City Council approval of the request for a special use permit, SP �77-02, Canadian Financial Corporation� per Fridley Citv Code, Section � 205.051, (3), E, to aliow zne construction of housing for the elderly, on Lots 1- 7, and the Northerly 215 feet of Lot 24, Block 1, Alice Wall Addition, with /`\ special note that the special �se permit for automobile parking on R-1 property is no longer required, and with the stipulations contained in an agreement to be considered by the City Council. Mr� Lagenfeld pointed out for the records that the Environmental Quality Commission was 100 percent in favor of this project� �1rso Schnabel also wanted it mentioned that the Appeals Commission was in favor of this p1.an and were pleased to see the project come abouto She had one ques�ion regarding the list of stipulations previously approved by the Planning Commission• She wanted to know if the additional stipulation regarding insect control would be added to this list or would that be acted upon by City Council. It was indicated that the additional stipulations regarding insect control would be incorporated by City Council� Mro Boardman indicated that Canadian Financial Corporation has gone over these stipulations and probably would be adding them to their proposal- UPON A VOICE VOTE, all voting aye, the motion carried unanimously� � Chairperson Harried said that this item would be considered by � , City Council on May 2, 19??. Planning Commission Meeting — April 20, 197`7 Page 16 ��:• PUBLIC HEARING= REQUEST FOR A SPECIAL USE PERMIT, SP �7?-03, BY BARRY C. BROTT UND= o permit e construction o wo up exes an or ou e bungalows, in an R-1 Zoning district � {single family homes}, per Fridley �ity Code, Section 205:053, 3, D, to be located on Lot 11� Auditor's Subdivision No�23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-3? East River Road N.E. MOTION by Lagenfeld, seconded by Schnabel that the Planning Commission open the Public Hearing on the request for a special use permit, SP �77-D3, by Barry C• Brottlund• Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 9:15 P•M� MOTTON by Lagenfeld, seconded by Schnabel that the Planning Commission read the letter to Mra Harris dated April 11� 1977, from John W� Kimbler and Joyce E• Kimbler concerning the property located at 6431-33 East River Road and 6435-37 East River Road� Upon a voice vote, all voting aye, the motion carried unanimously� Chairperson Harris read the letter in opposition to this request. MOTION by Mrs� Shea, seconded by Mr� Bergman that the Planning Commission receive the letter to the Planning Commission dated April 11� 1977, concerning the property located at 6431-33 East River Road and 6435-37 East River Road from Mary Carda and Leo Carda. ,�-, Even though this letter was a part of the agenda, Mro Lagenfeld felt�,.,� that the letter should be read for the benefit of the audience- Th� letter was read• UPON A VOICE VOTE, all voting aye, the motion carried unanimously and the letter was received• Mr• Boardman gave the Commission a background of the request. He stated that the proposal is for a double bungalow/duplex to be constructed on Lot 11 {referred to agenda page 39}� The intent of the proposal is to divide the property into two parcels for construction o� two structuresa Mr• Brottlund was coming before the Planning Commission for a special use permit that will allow for the construction of double bungalows in an R-1 Zoned area� Mr• Boardman explained that both lots would be approximately 12,000 squre feet• �The requirement for a duplex is 10,000 square feet; therefore, they do meet the requirements• Mr• Barry C• Brottlund was present at the meeting• Chairperson Harris invited Mr� Brottlund to speak before the Commission on this subject• ,-� Planning Commission Meeting — April 20, 1977 Page 1? Mr• Brottlund explained his intentions of how the construction would be done and approximately what type of construction he had planned for �`, the property. He said that the structures would be two units each- � His plans are to make property values in the area benefit by the structures. He said that the units would be very attractive• They should do nothing but add to the attractiveness of the area- He went on to say that there are several plans available that will give these duplexes the appearance of being e single family dwelling. He did indicate �hat at this point in time he didn't know exactly what he will be building o ,�1 �� �, ,� i Mro Lagenfeld asked him if he had any plan at all at this time? Mr� Brottlund answered that he didn't have any plans at this time• Mr• Lagenfeld asked if he had any idea of any similar type of structure somewheres in our tity• Mr. Brottlund answered that there were four such structures in the City of New Brighton, He said that he had been in contact with the single home owners in the area, some directly across the street. These people did indicate that when they first were aware of the units, they did show some concern, as I am sure anyone wo�ld• However, since the cons�ruction of these structures, they have all been happy with the �ype of people that have been living in them, primarily owner occupied. Most have been impressed with the structures. �ir� Lagenfeld asked if he has looked into the feasibility of constructing single family dwellings. Mr• Brottlund said it had been considered• He said there are accommodations on the property to take care of either single or double family units. He said that he had looked over the area and felt that there was a trend for good looking, we11 cared for double family dwellings� Mrs- Schnabel wanted to know if f1ro Brottlund had an option on this land or if he owned it� Mr• Brottlund responded that he had a purchase agreement� Mr• Schnabel wanted to know if he was intending to build for sale of the property or if he was planning to lease them- Mr. Bro�tlund explained that he had three different plans: {1} To market them to builders that will build them for sale {market the land}� {2} Most preferable way, that he has contacted two builders that were most interested in putting up the type of buildings he had mentioned, for sale purposes• Planning Commission Meeting — April 20, 1977 Page 18 {3} To put the structures up himself and lease them• Again, Mr. Brottlund indicated that he was most inte�ested in ^ pursuing the second choice• _ Mrs. Schnabel asked that since he has a purchase agreement on the property, that if he would hire a contractor to build on the property for sale purposes, who would retain ownership of the property- Mr• Brottlund indicated that the contractor would retain ownership• Mrs. Schnabel wanted to know if Mra Brottlund was in the construction business himself- Mra Brottlund responded that he was not. Mro Schnabel wanted to know if he had any ideas, if he was to develop this property, if he would have driveway access onto River Road or would he plan for a turnaround on the property itself• Mr� Brottlund said that this was one of the things he discussed with Mr• Boardman• He indicated that this would definitely be a consideration since both lots are large enough to have turn-around areas- Mrs� Shea wanted to know who owned the garage that is on the property• �, Mr• Brottlund said that it belongs to the present property owr.er and that it goes with the property• �'�1� Mr� Lagenfeld wanted to know what kind of landscaping, fencing, etc• he had planned to put on this property. Mr� Brottlund indicated that prese�tly there is fencing across the front of the property from one driveway to the other driveway, about 15 feet from the curb. He indicated that the price range of this planned structure would be between $65-85,00� and that the cosmetic appearance of the property would be comparable to the price of the home. Mr• Lagenfeld asked if this particular idea was just a speculative venture at this timeo ' Mr• Brottlund indicated that, in part, it was a speculative venture; but he personally felt that it would be to the benefit of the area. Mr• Bergman believed that the total block in question was zoned R-1• n , �. Planning Commission Meeting — April 2�, 197? Page 19 Mr• Boardman clarified that Lot 1D was zoned Commercial, however, that the rest of the block was, in fact, zoned R-1� � _ Mr• Bergman wanted to know the Zoning of Block 12. Mro Boardman indicated that they were R-1• Mr� Bergman wanted to know if there were any other duplexes in the area� Mr� Boardman explained that there were none east of East River Road. He said that there were some further down on East River Road• He then discussed the locations of present duplexes in the area• Mr• Bergman wanted to know if there were any hardship in Mr• Brottlund's request. Mr• Brottlund explained that he felt the lot was extremely large for a single family unit. He felt that two units, double or single, woul� make better use of the land- However, he said that there was no hardship involved. Chairperson Harris asked if there was anyone in the audience that wished to address the issue• Mr• Ken Hughes of 6424 Ashton Avenue N.E. indicated that he not �, only owns his lot but also owns lots 20, 21 & 22. He restated that thie entire area consisted of single family dwellings. He �,� felt it would be wrong to bring in any type of double dwellings. He wanted to know how much of Grand Avenue that Lot 11 included• Mr� Boardman indicated that half of Grand Avenue went to Lot 11 and half would go to Lot 22� Basically 27•7 feet would go to each lot� Mr� Hughes said that he was led to believe that when Grand Avenue was dedicated to be a street, that the land had been taken from Fridley Park and when the petition was approved to vacate the land, that it was to go back to Fridley Park. However, when he checked with City Hall, no one could confirm this� Chairperson Harris commented that if this land came from Fridley Park, then it would go back to Fridley Park. Mr• Hughes quoted from the legal description of the subject property a••.atogether with the west half of vacated Grand Avenue, as dedicated in the plat of Fridley Park e�o.. Chairperson Harris indicated that Fridley Park MAY have included those lots on East River Road. Mr� Hughes believed that if this property was from the Park, then ^' double dwelling structures couldn't be built. i Planning Commission Meeting — Arpil 20, 197? Page 20 �hairperson Harris indicated that the plat better be He said that as he recalls, this lot in question is and that the Planning Commission would have to go to and hope they still had the records• checked out. a very old plat ^ the County Mr. Hughes felt that the building of these structures wou�d definitely lower the real estate in the area� Also he indicated that since there were no parks or playgrounds in the area, where would the children from four additional families play. He said that presently the children in the area have to play in yards or in the streets and adding four more families would only add to the problem. Mr� Hughes wanted to know the required frontage for a double dwelling. Mr� Boardman responded that the required frontage was 75 feet and that Mr. Brottlund was showing 76.6 feet on one and 92 feet on the other� Mr� Hughes asked if Mr• Brottlund would have the required square footage if half of Grand Avenue was not included• Chairperson Harris referred to Page 38 of the agenda and indicated that this was how it was registered in the Coun�y of Anoka. He added that if this was incorreet, i� would take a Court Action to correct it and Mr� Hughes would have to bring this action. Mr. Lagenfeld asked Mr. Hughes why he felt that this type of -� dwelling would lower his property value• �� � Mr• Hughes indicated that if he was to plan to buy a home, he would look for a home in a single family dwelling areaa He also added that he felt if two double dwellings were built in the area, it would only make City Council more apt to allow more to come in the future. Mr� Gene Emerson of 99 N�E• 64th Way agreed with Mr- Hughes and was against the proposed building of two double dwelling units. He requested the Commission to consider the feelings and wishes of the people living in the area� Chairperson Harris said that the Commission would do this- Mr• Warren Palm of 6421 East River Road said he was opposed to the building of the proposed two double family dwellings. He felt that Mr• Brottlund was very vague about what he is going to build• He thought that the Commission should make him be more specific as to what exactly his intentions were. � , � Planning Commission Meeting — April 20, 1977 Pag� 21 4�r• LeRoy Erlandson of 60 Mississippi Way wanted it clarified that the wording of the request meant that there would be four families• Also '�� wanted to know about whether the units would be single or double - level structures� Mr• Brottlund confirmed that there would be four families• He indicated that he was leaning towards the split entrance structure• Mr• J• Cadwallader of Wayzata was there representing Mr• Brottlund• He indicated that he had gotten legal descriptions of trie property made by the Minnesota Valley Surveyors and Engineers Corporation and he has found no restrictions on the property• He indicated that they were dealing with a piece of property southeast of the corner of Mississippi and East River Ro�d• He said that in driving through the area he saw a considerable amount of multi-family apartments and such and the actual corner of Mississippi and East River Road has become commercial• Mr• Cadwallader felt that the area is really set and looking for a buffer zone between single family dwellings and multi- family units• He said that they were looking for a place to build two two-unit buildings• They have checked into this property and have found that they have the required square footage of land and also that they have the required front square footage• He said that they have looked into the access and egress from the property because of the fact that East River Road is qui�e busy• They felt that they have tried to meet all of the requirements of the City of Fridley• He said that they were not looking for a rezoning, only �^; e special use.permit and indicated �hat if it would �e necessary to tie �� the special use permit to a particular type of building, then that would be a possibility• He indicated that the city has supplied this land with the necessary re�uirements for this to be a two unit site• Mr• Cadwallader wanted to make it clear that they are presently requesting the division of this property into two separate parcels and that the special use permit is for the separate zoning for a multi-dwelling and that the special use permit is not for the division of the land• He did not want this special use permit and the request for a lot split {item S of the agenda} to be considered together• Mrs• Shea asked Mr• Brottlund if he would consider putting up two single family units on this property• Mr• Brottlund responded that yes, consideration has been taken, but that it was only a secondary consideration• MOTION BY Mr• Lagenfeld, seconded by Mr- Bergman that the Planning Commission close the public hearing on the request for a special use permit SP �77-03, by Barry C• Brottlund• Upon a voice vote, all voting aye, Chairman Harris declared the Public Hearing closed at 1D:05 P.M• � �, � � Planning Commission Meeting — April 20, 19?? Page 22 MOTION by Mr• Lagenfeld, seconded by Mrs• Schnabel, that the Planning Commission deny the request for a special use permit � SP �77-.03, by Barry C• Brottlund •, to permit the construction •of two duplexes/or double bungalows, in an R-1 Zoning District (single family homes), �- per Fridley City Code, Section 205.053, 3, D, to be l.ocated on Lot 11, Auditor's Subdivision No. 23, together with vacated Grand Avenue as dedicated in the plat of Fridley Park, the same being 6431-33 East River Road and 6435-37 East River Road. Mr• Lagenfeld indicated that the grounds for denial are the facts that thet^e are no apparent hardship, there doesn�t seem to be exactness in the planning and since this is a special use request he doesn't feel it conforms with the Statement that when a special use permit is issued, it must be subject to conditions — the conditions must conform to the following standards: to protect the public health, safety, convenience, and welfare� To avoid traffic congestion or hazards or other dangers or to promote conformity of a proposed use with the character of the adjoining property and uses and the district as a whole or to protect such character• The reason for the denial request was that Mr• Lagenfeld felt that it was not in harmony with the area and does not protect the characters as stated• Mrs• Schnabel seconded the motion because shE had several concerns• One was because the petitioner did not have any particular hardship- She also was concerned about the development of this property in that Mr• Brottlund has only a purchase agreement on the property and does ^ not own it• Also that he has three different ideas of what he would c, none being firm• It is because of these that she goes along with /�; the decision to deny the special use permit• UPON d VOICE VOTE, all voting aye, the motion carried unanimously• �hairperson Harris declared the request for a special use permit SP �77-03 by Barry C• Brottlund be recommended to Council for denial• He indicated that this would go to City Council May 2, 7,977• 5• REQUEST FOR A LOT SPLIT, L•S• 77-04, BY BARRY C- BROTTLUND: Split Lot 11� A•S• � 3, toge er wi vaca e ran venue as plated�tr•u�n Fridley park into two building sites each 76•66* of frontage• Mr• Boardman commented that since the legal description of i�his lot was quite lengthy he had talked to Mr• Brottlund and they decided that instead of a lot split, they would go Plat on the property. He also tommented that with a notion of the possibility of a denial for the special use permit, he had asked Mr• Brottlund if he would still be interested in splitting the property• Mr� Brottlund responded that he was definitely interested in splitting the property• Chairperson Harris asked how they wanted to handle the request• Mr• Boardman commented that if Hendrickson does own the portion of the vacated Grand Avenue then it is his right to sell• ,^� , Planning Commission Meeting — April 20, 1977 Page 23 thairperson Harris commented that there may have been a mistake in ' the vacation ordinance, and felt that the City Attorney should look � at it• Mr• Boardman pointed out that the plat would public hearing process• He indicated that he the next day• By that time they should have City Council regarding t�he special use permit comes through, we would be able to know what as an R-2 or R-1 zoning• have to go through a would start the process some indication from so that when the plat should be done as far Mr- Brettlunc� made a formal reqtaest for the withdrawal of the request for a lot split• Chairperson Harris want the records to.show that Mr• Brottlund was withdrawing the request for a lot split, L•S• 77-04• 6• PUBLIC HEARING= �77-02, REPLaT OF the purpose eing for the area• ONSIDERATION OF A PRELIMINARY MARXEN TERRACE, BY THO�IAS A• to have iche plat meet the new PLAT, ARXEN_ street P•S- pattern MOTION by Mr• Lagenfeld, seconded by (�rs• Shea, to open the Public Hearing on consideration of a preliminary plat, P.S• �77-02, repla� of Marxen Terrace, by Thomas A• Marxen• Upon a voice vote, all � voting aye, Chairperson Harris declared the Public Hearing open at f� 1�:14 P.M• i , Mr• Thomas A• Marxen of 19958 Pineridge Drive N•E• was presen�• �1r• Boardman made re�Ference to the Replat of Marxen Terrace on page SO of the agenda• He explained that the cul-de-sac did, at the initial plating, extend past Marxen Terrace and cul-de-sac'd on th� back properties to the east of Marxen Terrace• Ne indica�ed that opposition was received from some property owners regarding the cul-de-sac; therefore, the cul-de-sac was pulled off that area to where it is now within Marxen Terrace� Mr• Marxen commented that he had brought the land from Mr• Hall who had initiated this section about ten years ago with the dedication to this land of the right of way• Mr• I�arxen said he brought the land five years ago and built a home on it• Mr• Marxen ended up selling this home and the adjacent lot to it on Onondago Street• However, he indicated that he still owned the back land• He indicated that there seemed to be no other way to make this into a paying project• f1r• Marxen pointed out that several home owners on the Stinson Blvd side of the area in question are opposed to this• They don't want it to affect their property• He pointed out that by moving the cul-de-sac as stated� it would not affe��. their property• ��, � , Planning Commission Meeting — April 20, 1977 Page 24 Mr• Boardman clarified that the request was to replat the cul-de-sac to the way it .was originally plated• Also he indicated that the second request was for vacation request of the existing right of way described as the 50 foot right of way located between Lots 3, Block ?^• and Lot 1� Block 2 and the south 50 feet of the North 355 feet of _. Lot 6• Mr• Boardman showed the members of the commission exactly what was in question on a drawing from the plat book• Mr• Virgil Ishaug of 1473-75th Avenue N•E• stated that he was entirely in favor of this particular replat• Mr• Boardman also wanted to point out that wit� the approval of this replat, they would also be approving a 30 foot setback on the back property• {Again, Mr• Boardman pointed this out to the Commission on a �lat drawing}• �r• Ishaug wanted to know how many homes this plat called for now• Mr• Marxen indicated that it called for three homes• Mr- Ishaug wanted to know if this was initially plated for multi-dwellings• Mr• Marxen said that it was all single dwellings• Mrs• Schnabel questioned the lot lines resulting from this• Chairperson Harris showed her the lines on the drawing they had befo,� them• �� Mrs� Schnabel wanted ta know the approximate dimensions of Lot 6• Mr• Boardman explained that it was 276 feet deep and 66•4 feet wide• Mr• Bergman claimed that the Plat Book did not show the plat as dedicated• Mr• Tshaug wanted to know if that lot was vacated, would he be able to put trees all the way back on his property• Chairperson Harris responded tha�, yes, he would be able to plant trees- At this point the Commission continued to look at the Plat Book and discussed among themselves the area in question• Mr• Marxen brought up the question of Re-Rlat fees that he had to pay• Chairperson Harris informed him to bring this up with the City Council• � � Planning Commission Meeting — April 20, 1977 Page 25 MOTION by Mrs• Shea, seconded �ommission receive the letter �"1 the charges for Re-plat fees , Upon a voice vote, all voting the letter was received• �"�, � �� �, � , by Mrs• Schnabel, from Mr• Thomas E• of plat PS 7?-02• that the Planning Marxen reqardinq aye, the motion carried unanimously and MOTION by �rs• Shea, seconded by Mr� Bergman that the Planning Commission close the public hearing on the consideration of a preliminary plat, P.S• �77-D2, replat of Marxen Terrace, by Thomas A• Marxen• Upon a voice vote, all voting aye, Chairperson Harris declared the public Hearing closed at 10:30 R•M� MOTION by Mrs• Schnabel, seconded by Mr• Lagenfeld, that the Planning Commission recommend to Council approval of a preliminary plat, P..S� �77-02, replat of Marxen Terrace, by Thomas A• Marxen as proposed• Upon a voice vote, all voting aye, the motion carried unanimously• Chairperson Harris indicated that this would go to City Council on May 2, 1977• 7• VACATION REQUEST: SAV �77-02 BY THOMAS E• MARXEN: Vacate the existing righ� o� way or �arxen Terrace described as the 50' right af way loca�ed between Lots 3, Block 1� and Lot 1, Block 2, Marxen Terrace, and the South 5D feet of the North 355 feet of Lot 6, that part of said �o� 6 that lies within a circle whose radius is 5� fee� and whose center is located at the SW corner of Lot 8 of said Auditor's Sub• No• 10B• Chairperson Harris indicated that the Comr��ission had already discussed this and �chat Mr• Marxen wanted to vacate the section that will not be used• Mr• Bergman stated he didn't believe the.re tn be any problems with this request• Mr• Boardman explained that this had been dedicated prior to this with Marxen Terraee• MOTION by Mr• Bergman, seconded by Mrs• Shea, that the Planning Commission recommend to Council approval of the vacation repuest, SAV #77-02, 6y Ihomas E. Marxen to-var.ate the existing right of way for Marxen Terrace, described as the 50 foot right of way located between Lots 3, Block 1, and Lot l, Block 2, Marxen Terrace, and the South 50 feet of the North 355 feet of Lot 6, that part of said Lot 6 that lies within a circle whose radius is 50 feet and whose center is located at the Southwest corner of Lot 8, of Auditor's Subdivision No. 108. Upon a voice vote, all voting aye, the motion carried unanimously. Chairperson Harris indicated that this request will go to public hearing on June 13, 1977 before the City Council. Chairperson Harris declared that the planning Commission would take a ten minute break at 10:35 P.M. Chairperson Harris called the meeting back to orde�r at 10:45 P•M- Planning Commission Meeting — April 20, 1�7? Page 26 .8• tONTINUED� GOALS & OBJECTIVES: ACCESS $- Mr• Boardman indicated that all the goals and objectives had previously been approved• Mrs• Schnabel indicated that at the 'time they approved items A10U - A19�, however, there was no item A180• She said that there had been a mistake in numbering• The approval should have been for items A10� - A180• 9• CONTINUED: GOALS � OBJE�TIVES: COMMUNITY VITALITY Mr• �oardman indicated that all the goals and objectives had previously been approved, with the exception of item V150� Mrs• Schnabel commented that item V11,0 had not yet been corrected• She said that it sould read •••• kind of activity ••• instead of ...• the kind of mix •••• � -� _ Mr• Boardman presented to the Commission what he believed item V150 should read• ^Promote industrial and commercial efforts to provide business services and employment opportunites to the residents tfirough the encouragement of technical assistance in supporting their efforts to the extent that such proposals are reflected in area development^ n Mrs• Schnabel indicated that it was her main idea to assure the r� business community that the City of Fridley wants to encourage their continued business in Fridley• Mr• Boardman explained his wording• Mr• Bergman wanted to know how we would encourage business growth and development to our residents• Mrs• Schnabel wanted to know how we would encourage a favorable climate for businesses• Mr• Boardman responded that a favorable climate can be extended to a degree when you have things like zoning restrictions, zoning code requirements, etc• He explained that the thing we want to do is to promote industrial development through the use of things we have available to them• Such things as technical assistance, etc• Mrs• Schnabel indicated that she wanted to go beyond those technical services in that she would like to see an atmosphere in the community that encourages businesses to stay here• �, Planning Commission Meeting — April 20, 1�77 Page 27 t,�Mr• Boardman agreed to change the wording ^promote an atmosphere that would encourage industrial ��'""� and commercial efforts in providing business services and employment opportunities•to the resident in supporting their efforts to the extent that such proposals are reflected in area development^ MOTION by Mrs• Schnabel, seconded by Mr• Bergman, to accept item V150 under Community Vitality, Program Objectives• Upon a voice vote9 all voting aye, the motion carried unanimously• 1�• APPROVAL FORMAT FOR GOALS AND OBJECTIVES Mr• Bergman indicated that he thought the format was great• MOTION by Mrs• Schnabel, seconded by Mrs• Shea, that the Planning Commission approve the format for goals and objectives• Upon a voice vote, all voting aye, the motion carried unanimously• 11• CONTINUED: PROPOSED �AINTENANCE CODE MOTION by Mr• tagenfeld, seconded by Mrs• Shea, that this item be continued until May 4, 1977• Upon a voice vote, all voting aye, the motion carried unanimously• 12• �ONTINUED: RECOMMENDED CHANGES IN CHAPTER 212, MINING ORDINANCE � Mr•_ Lagenfeld made reference to It�m 212•05, Exceptions• He �� indicated that the unnecessary wording had been struck out and that it was recommended by the Environmental Quality Commission that this be submitted to the Planning Commission for approval• Mrs• Schnabel made reference to the situation that had just occurred where three boys were caught in a sand cave-in• She said that it was sand that had been brought in for construction of homes in the area• She wanted to know if the Staff had reviewed this item• Mr- Boardman indicated that the staff recommendation on th� entire Mining Ordinance would be not to allow any type mining in the City of Fridley except if the party has a building permit• Mrs• �chnabel wanted to know if there were any safety precautions required in land alterations• Mr• Boardman indicated that since the same applica�ion is used for Mining and Land �4lterations, the same safety precautions are required• Mr• Lagenfeld wanted to know if this recommendation would eliminate the Mining Ordinance• �..� Mr• Boardman indicated that that was the recommendation• i� Planning Commission Meeting — April 20, 1977 Page 28 Mr• Lagenfeld wanted to know what Would happen to the Ordinance presently in the Books• Mr• Boardman said that it was the o�pinion of the City Attorney � to eliminate this Ordinance• �-4- MOTION by Mr• Lagenfeld, seconded by Mrs• Schnabel, that the Planning Commission accept this Ordinance as written and send it to the City Council for their recommendation• Mr• Bergman asked for clarification of the underlined words in 5-Operating Standards, {b} and the items on the last page• Mr• Boardman answered that it was done to denote a change on the final form• Mr• Bergman didn't like the wording ^no less than^ in 212•07, 2 {a}. t10TI0N by Mr• Lagenfeld, seconded by Mrs• Schnabel, that item 212•07, 2{a} will read ^within five feet of the right-of-way of an existing public utility• UPON a voice vote, all voting aye, the motion carried unanimously• 13• RECEIVE LETTER FR4M NEIGHB4RS ON 45th and 2-1/2 STREE'f' � MOTION by Mrs• Shea, seconded by Mr• Bergman, that the Planninc; Commission receive fche let�er from the neighbors on 45th and 2-1/2 �' street regarding an addition to the garage at 4591 2-1/2 S�reet NE� Fridley, and its use. - Mr• Lagenfeld made reference of the meeting where he told the neighbors to watch each other• UPON a voice vote, all voting aye, the motion carried unanimously and the letter was received• ],4• RECETVE PARKS & RECREATION COMf1ISSI0N MINUTES: MARCH 28, 1977 MOTION by Mr• Lagenfeld, seconded by Mr• Bergman that the Planning Commission receive the Parks and Recreation Commission minutes of March 28, 1977• Mr• Lagenfeld made reference to Page 57 of the agenda, fourth paragraph from the bottom, in the motion by Leonard (�oore regarding the Rice Creek Watershed District as to what was transpiring within the district• Mr• Lagenfeld indicated that whenever the date was set for the meeting, he would try to attend• � Planning Commission Meeting — April 20, 1977 Page 29 Mr• Bergman felt that someone should have been at the Planning ���- Commission meeting representing the parks and Recreation Commission• � Mrs• Shea commented that each commission should be informed that they have a responsibility to attend the meetings• UPON a voice vote, all voting aye, the motion carried unanimously and the minuties were received• 15• RECEIVE APPEALS COMMISSION MINUTES: April 12, 1977 MOTION by �rs• Schnabel, seconded by Mrs• Shea, to receive the Appeals Commission minutes of April 12, 1977• Mrs• Schnabel made reference to Page 73 of the agenda, number 5, Recommendation on Beer and/or Bar or Liquor License• She indicated that this article was acted upon and the Planning Commission was be requested to act on this problem• She continued by giving some background on the problem• The Pizza Hut on 57th Avenue would be applying for a beer license {defined as non-intoxicating beverage}. The question arose a� the Appeals Commission meeting whether or not the neighboring residents would have to be notified• The answer came as no, this was not required• I� was the feeling of the �ppeal Commission that the Ordinance should be reviewea wit� the idea that residents within 20D feet of an establishment that is Gpplying for a Beer/Wine/Liquor License should be notified• �"1 �..� Mrs• Schnabel clarified �hat she was referring to on-sale licenses• ' She continued with her discussion• She indicated that none of the residents were even aware of the inicention of the Pizza'Hut to ap�ly for this particular license• The Appeals Commission feels that these residents should have been notified that the license was being applied for• I� was the concern of the Appeals Commission thaic this should be brought to the attention of the planning Commission with the idea that this be written into the Ordinance• �"� , � Mrs• Schnabel indicated that at any time, whenever an establishmen�t planned to apply for licenses for on-sale liquor, that the residents should be notified• She said that especially as a parent, she would want to know if an establishment bordering on her property was �o begin selling li�uor• She felt that as a parent she should have the right to know what is happening that close to her home• Mr• Lagenfeld suggested looking at the Ordinance and see exactly what it did say in regards to this subject- Mr• Boardman looked it up• The ordinance indicated that no public hearing was necessary on a beer license, on or off sale• The Ordinance stated that in regards to Liquor Licenses, a public hearing should be held- Notification of the public Hearing sheuld be published in the newspapers ten days prior to the public hearing• T��. Planning Commission Meeting — April 20,.�9?? Page 30 ��: �OTION by Mrs• Schnabel, seconded by Mr• Lagenfeld that the Planning Commission chairman received the��otion of the Appeals � . Commission concerning the review of the policy of the Beer/Wine/ Liquor License applicatians of establishments in a residential area_6 with the intent of notifying property owners of such requests and that the Chairman would pass this request to the appropriate Commission for their review and action• Upon a voice vote, all voting aye, the motion carried unanimously and the Appeals Comnission Meeting minu�es of April 12, 1977, were received- 16• RECEIVE COMMUNITY DEVELORMENT COMMISSION MEETING MINUTES: APRIL 1 , 1977 MOTION by Mr- Bergman, seconded by Mrs• Schnabel, that the Planning Commission receive the Community Development Commission meeting minutes of April 12, 1977• Mr• Bergman made reference to the item at the bottom of page 6 of the minutes regarding the �raffic related pro�lems on East River Road south of 79th Avenue N•E- Chairperson Harris sugges�ed that the Community Development � Commission and the Environmental Commission s�udy the intersection and come up with a recommendation as to whether there should be signal lights, turn lanes, or whatever appropriate safety features ^ should be located at that intersec�ion• ,<� Mrs• Schnabel indicated that the original recommendatiofi was to have a study of the traffic flow on East River Road from Osborne Road north to the City limits wi�h the intent that some recommendation be made identifying potential traffic problems• Mr• Boardman was not sure that this item should be handled a� this time• He indicated �hat an extensive study was going to be done on East River Road• Chairperson Harris indicated that he wasn't interested in an entire study of East River �oad; he wanted a recommendation as to what to d� with the intersection of East River Road & 79th Avenue N-E• {proposed location of ?-11 Store}• Mrs• Schnabel indicated that the real problem is that there were more dangerous intersections on East River Road other than 79th Avenue N •E - Mr• Boardman commented that every in�tersection is a potentially dangerous problem• s � � r"� i � �� r r.�.a.n��.�oy �,VIIIIII1��1U11 Ilcc�.1��� Nf.Jf'11 GU7 y i r r r� ��� Chairperson Harris suggested that a proposal be put together with Staff concurrence• Bring the proposal in, make recommendations, and send it to City Council• This way City Council would be to make a decision• He indicated that in this way the Planning Commission would be officially on record as asking for a modification of that intersection• There was much discussion by members of the Planning Commission regarding this subject• Mr• Bergman suggested that City Staff get a�ith the County to identify what their plans are as compared to what the City�s view is as to actually what should be at that intersection and then they present to the Planning Commission their recommendations rather than getting the Rlanning Commission involved in a rather broad a�jective• UPON a voice vote, all voting aye, the motion carried unanimously and the minutes of the �ommunity Development Commission meeting of April 12, 19?7, were received• M4TION by Mr• Bergman, seconded by Mt^s• Shea, that the Planning Commission accepts the general attitude of the Community Development Commission, that they not study East River Road problems at this time• Mrs• Schnabel indicated that she was disappointed to hear this motion• Mr• Lagenfeld as{�ed the Commission not to call a Special Interest Meeting• UPON a voice vote, four ayes one nay, the motion carried• MOTION by Mr• Bergman, seconded by Mrs• Schnabel, that the tapes be checked in regards to Mr• Bergman's motion on Page 6 regarding the approval of Special Use Permit SP �77-01 as to specifically verifying the requesi of the 1,5 stipulations• Upon a voice vote, all voting aye, the motion carried• The tapes will be checked• 17• RECEIVE HUf1A APRIL 14, 19 RESOURCES COMMI; ON MEETING MINUTES: MOTION by Mrs• Shea, seconded by Mr• Bergman to receive the minutes of the Human Resources Commissicn meeting of April 14, 1977- .�� Planning Commission Meeting Minutes — April 20, 19?? Page 32 Chairperson Harris asked about the status of the public hearing on tenant/landlord relations — consideration of establishing a � tenant/landlord committee• Mrs• Shea indicated that it was going to be discussed again on April 26, 197?• Upon a voice vote, all voting aye, the motion carried unanimously to receive the minutes of the Human Resources Commission meeting of April 14, 1977• MOTION by �rs• Shea, seconded by Mr• Bergman, that a memo be sent to all Commissions before their next meetings, stating that elections are ta be held• Upon a voice vote, all voting aye, the motion carried• ADJOURNMENT: MOTION by Mrs• Shea, seconded by Mr• Lagenfeld, tha� �he Planning tommission meeting be adjourned• Upon a vaice vote, all voting aye, Chairperson Harris declared the Planning Commission meeting of April 20, 1977, adjourned at 12:25 A.M� �,� Respec�ively Submitted, i� `� ��G�LG�i� MARY LEE C HILL, ecretary ` ' �