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PL 07/12/1978 - 6636PLANNING COt�MISSION MEETING CALL TO ORDER ROLL CALL: City of Fridley AGENDA WEDNESDAY, JULY 12, 1978 APPROVE PLANNING COMMISSION MINUTES: JUNE 21, 1978 1. t� � 7:30 P.M. PAGES 1 - 12 C NEARING: CONSIDERATION Of A PROPOSED 13 � 18 BY TIMOTHY MUNt� AND TODD BLAIR: A replat ot �ots 5, o, �, 6, 9 a�d 1�, 61ock 2, Hillcrest Addition, generally located in the 7100 Block on the East side of East River Road. PUBLIC HEARING: REZ�NING REQUEST, ZOA #78-06, BY G. W. 19 - 24 PASCHKE: Rezolle LOt 3, ISIOCK t, tasL ttana� [a�a�en ��u Addition, from M-2 {heavy industria1 areas), to M-l> (light industrial areas), to allow the construction of three general office/industrial buildings, generally located in the Southeast corner of Main Street N.E. and 77th Avenue N.E. 3. LOT SPLIT REQUEST, L.S. #78-OZ, BY G. W. PASGHKE: Split 25 - 2� Lot 3, 81ock 1, East Ranch Estates 3rd Addition into three parcels: Parcel A: The North 33 feet of the East 90 feet, and the East 134 feet of that part 1ying South of the easterly extension of the South line of 77th Avenue and the South line of 77th Avenue (200 77th Avenue) and Parcel B: The West 146 feet of the East 280 feet as measured along the the South line of Lot 3(220 78th Avenue N.E.) and Parcel C: All of Lot 3, except the East 280 feet thereof, as measured along the South line of Lot 3(230 77th Avenue N.E.) ALL DIMENSIONS SUB�ECT TO REVISION UPON FINAL PLAT. . 4. 5 6. VACATION REQUEST, SAV #78-03, BY WARREN MARMORINE: Uacate the 10 foot utility easement between Lots 24 and 25, Block 2, Meadowmoor Terrace, so that both lots may be used for the construction of a commercial building, the same beang 7671 Central Awenue N.E. LOT SPLIT RfQUEST t.S. �93�-a3 3Y CA�'tt PRGE: Split off the Easterly 70 feet of Lot 14, Meloland Gardens, to make a new building site, the same being 1085 Gardena Avenue N.E. CONTINUEO: ENERGY PROJECT COMMITTEE DISCUSSION A. Geneva Harper, State of Minnesota Energy Agency B. Review Scope and advertisement. 28 - 34 35 - 37 No m terial for this Agenc�a CITY OF FRIDLEY PLANNING CO��ISSION MEETING — JUNE 21, 1978 CALL TO ORDER: Chairperson Harris called the June 21+ 197B, Planning Commission meeting to order at 7::36 P�M• ROLL CALL: Members Present: Members Absent: Others Present: Storla, Oquist, Harris, Peterson, Schnabel, Langenfeld None Jerrold Boardman, City planner APPROVE PLANNIN6 COMMISSION MINUTES: June 7, 1978 MOTION by Mr. Oquist, seconded 6y Mr• Langenfeld, to approve the June 7, 197&, Planning Commission meeting minutes• Mr• Langenfeld indicated that, as was stated on Page 13 of the minutes, the discussion on the Recycling Project Report had been continued and not ta6led• UPON A VOICE VOTE, all voting aye, the motion car.ried unanimously- 1 ING: CON � r•.�� ro-u�� nu�u�v'J niLLLICtJ1 Rllll1T1UN: tiY I"1PIUTHY I'IUNN ANll TODD BLAIR: A REPLAT OF LOTS +,7,8, AND 10, BLO�K , HILLCREAST ADDITION, GENERALLY LOCATED IN THE 7100 BLOCK ON THE EAST SIDE OF EAST RIVER RO AD- MOTION by Mr• Storla, seconded by f1s- Schnabel, to open the Public Hearing• Upon a voice vote, all voting aye, the motion carried unanimously• The public Hearing was opened at 7:38 P.M• Mr• Boardman explained what the petitioners were requesting•, He indicated that HiZlcrest Drive and Meyers Avenue have not been approved as developed streets• He said that they were presently only right-of-ways• He said that certain stipulations would have to be placed on the approval of the preliminary Plat P.S• 78-05• He said that the drainage for the area would have to be considered and a drainage plan submitted; soil borings would have to be taken; easements would be retained between the properties; and there would have to be some type of access provided to Lots 11, 12, e, 13 which were City owned lots• Mr• Todd'Blair and Mr. Tim Munn were present at the meeting• Mr. Blair indicated that they were not interested in developing all of Hillcrest Drive and Meyers Avenue• He said they only needed enough of Hillcrest developed so that the cul-de-sac would have access to Hickory Drive, thereby giving access to East River Road• � PLANNING COMMISSION MEETING — JUNE 21, 1978 Page__2 Mr• Boardman indicated that the Lots 11+ 12, & 13 had been initialiy intended for drainage purposes• He explained that there had been a petition submitted by the neighborhood to put a park on those lots• He said that the Parks & Recreation �ommission had motioned that those lots be left as they were intended or sold and the money used to improve the neighborhood access to other parks in the area• He said that it was sent to the City Council by the Planning Commissim, with the Planning Commission's concurrence on the motion• Chairperson outlot ^A^• that outlot grounds• Harris asked what the petitioners planned for He mainly wanted to know exactly who would maintain He didn�t want to see the lot become a^dumping" Mr• Munn.said that the person living the closest to the outlot would be the only person that would be able to use the land, therefore it would be up to that person to also maintain the outlot• He said that they would explain the situation to the people that would live in the corner house• Chairperson Harris asked who was maintaining the Hillcrest Drive right—of—way• Mr• Boardman said that the people living adjacent to the right—of- way were maintaining the property• Chairperson Harris asked what the petitioners planned to do with Lo� 1�• Mr• Munn said that the City would most likely purchase that land if they so decided to put a park in that location• Mr• Boardman indicated that the City Council had not committed anything towards park property in that area• Mr• Oquist asked if the plat would be contingent on the completion af Hillcrest Drive� Mr• Boardman said that it was contingent on the completion of Hillcrest Drive from Blair Drive to Hickory Drive only• He said that would be the nine—house development's access onto East River Road• Chairperson Harris said that Lot 1� did not meet the platting Ordinance requirements• Mr• Munn indicated that Lot 10 was already an existing lot• Mr• Boardman said that that the Ordinance did allow a 50 foot lot if it was platted before 1955• He said the only conditions were that the size of the lot could not be increased because it was already an existing lot• He said that the lot would be a 5U foot lot whether it would 6e part of this plat or not• PLANNING COMMISSION MPETING - JUNF 21 L 1978 Pa�e 3 Mr. Peterson said that there would be no access to any park that would go into that area with the developmen� of the proposed plat. Mr. Boardman said that a 20 foot vralkway easement would be taken over by the City betweett Lots 4& 5 of the proposed plat. Mr. Peterson didn't feel that a 20 foot tinalkway would be adequate. He felt there would be many problems wiih people trespassing on the resident's property. Mr. Peterson indicated that a park at that location did not fit into the total park plan for the City of Fridley. Chairperson Harris was concerned about the maintenance of Lot 10. He wanted to know ho�v the lot was and would be maintained. Mr. Munn said that the County assessed the property and the County did all the maintenance. Mr. Peterson said that there had already been complaints regarding the maintenance of the lots in that area. Mr. Boardman indicated that Lots 11� 12 & 13 were presently City owned and were used as dxainage lots, He said that it was recommended not to have any City ovined property behind the plat at all and improve on the already exisiing drainage ditches provided by Burlington Northern. He felt that a drainage ditch along the railroad tracks should take care of the existing problems of water �'standing" on those 1ots. He said it was not recommended at that point to develop any park land on those lots. Chairperson Harris explained that the plating and the requested Park rvere aetually tied together. He said that once the plat is approved as proposed, then there tivould be even more pressure from ihe neighborhood to dev�lop a park in that location. Mr. Peterson said that Parks and Recreation Commission said that they did not and would not recommend a park for that location. Chairperson Harris asked what tivould happen to the City owned lots if the plat being proposed was appraved. Mr. Boardman said that the lots would be maintained as drainage areas. , Chairperson Harris felt that the decision should be made by the City Council as to exactly what they wanted to do with Hillcrest Drive and Meyer Avenues. He said that if the possibility of a park on the City owned lots was completely abandoned, then perhaps all the area could be included on the plat. Oiherwise, he said that Lots 11, 12 & 13 could be left as is� but termed "open spaces". PLANNING COMMISSTON MEPTING - JUNE 21; 1�$ Paze 4 Chairperson Aarris asked the petitioners if the City decided to abandon the idea of park land on Lots 11� 12 & 13� if they would be interested in including those lots on the plat. Mr. Munn said that the neighbors had already indicated their interest in those 1ots. He said that the neighbors wanted that Iand to insure prevention of any further development in their neighborhood. Chairperson Harris said that whoever purchased those lots would have the responsibility of properly maintaining the property. Chairperson Harris explained to the petitioners that he felt that the plat euas a good proposal. He said that the Commission members were having difficulty dealing with the development of Lot 10, Mr. Peterson said that by including the South half of Lot 10 in the proposed plat, it would make it very difficult to do anything wiih Lots 11� 12 & 13 at a later date. Chairperson Harris explained that io not include Lot 10, the petitioners wou�d lose two lots from their proposed plat. Chairperson Harris said that without a decision from City Council it was hard for the Planning Commission to decide muck. He felt that something had to be decided regarding that area in the very near future. _ Mr. Terry Mick2ey of 7075 Hickory Drive, Mr. i,es Blinco of 7067 Hickory Drive� and Bud Berry of 6965 Hickory Drive were present at the meeting regarding this item. Mr. Mickley commented that there was presently problems with fires on the City ov�ned land in that area. He said that the fire trucks could get to the back land by using the Meyers Avenue right of way. Mr. Mickley wanted to know if the petitioners would be able to put a house on some of the proposed lots and still adhere to the setback requirements. Mr. Mickley said that Lots 6 thru 9 were located on very lo�v land. He said that if the petitioners raised the natural. flow of the water on that 1an@� the water would flow onto the back yards of the existing houses. He felt that the water had to flow some place and he said that presently there seemed to be a natural flow of the water to go to the City owned Zots. He said that many times the water Nould ��stand�' on those lots. Mr. Mickley wanted assurance that the petitioners would have to abide by all the City requirements. PLANNING COMhIISSION M�GTING - JUPIE 21. 1978 Pa�e 5 Mr. tdickley indicated that his house and several of his existing neighbor's houses had basements constructed on higher ground than some of the lots in the proposed plats� He wanted to knoiv how the petitioner tivould �rork around the existing ivater table problem� and still meet a11 the requiremenis of the Gity, Mr. Boardman said that before the petitioner could obtain a Building Permit for the proposed development, a drainage plan had to be submitted and approved by ihe City and the Rice Creek LVater Shed District. He explained that the drainage plan would have to solve any existing problems that property had as well as assure that no neiv problems tivould be created. He said that all the lots would hane to have soil borings and water table studies because of the already existing vaater problems in that area. Mr. Blinco had pictures of the lots taken tivhen there was water standing on them• Mr. Boardman explained to the neighbors that someone ovmed the property being discussed. He said that if that peson could build on that land and solve a11 the drainage problems� then they should be a].losved to develop the land. � Mr. Blinco said that they didn�t object to the project. Ae said that their concern was that the proposed development didn't change the natural �^ra�Ger run-off flovr. Ae said that the neighbors did not v�ant to have the flow changed so that the run-off vrould end up in their back yards. He �vanted some assurance that the problem won�t develop. Mr. Boardman said that the City had Engineers that would make sure that the development rrould not cause any drainage problems at a11. He said that they tivould insure that the petitioners vaould solve any existing prohlems also. He said that the City vaas aware of the water problems in that area. Mr. Miclzley asked that much consideration be given regarding the water prob7.ems in that area before approving any type of plat. Mr. Mickley also pointed out that there no longer existed any drainage ditch along the railroad tracks. He said that the railroad used the ditch to bury their railroad ties. Chairperson Harris suggested that someone from Staff talk to Burlington Northern. PLANNING COMMIS3ION MEETZN6 — JUNE 21, 1978 Page 6 Mr• Blinco wanted to know if the City was ever planning to take care of the weeds on their lots• ye indicated that the neighbors still wantad to have a park located on those lots• �r� Soardman said that the lots should be property maintained by the City and that he would check into the matter• MOTION 6y Ms• Schnabel, seconded by Mr� Langenfeld, to close the Public Hearing• Upon a voice vote, all voting aye, the motion carried unanimously• The Public Hearing was closed at 8:39 P.M. Mr• Langenfeld commented that the particular situation had definite2y caused much concern for many people• He said that he was all for any de�elopment that would better the City of Fridley; however he could not see any future development on the property in question• He said that a person did not have to be an Engineer to see the ^mess^ in that area• He felt that before he could approve any form of construction, th� drainage situation would have to be solved• Mr• Langenfeld wanted to know when the item would be handled by the City Council• Mr• Boardman said that it would be before the City Council on July 17, 1978• ' Mr• Peterson felt that the proposed preliminary Plat PS 78-05 should not be approved at that time because of the drainage problems; outlot 1� in conjunction with the City owned property would be landlocked; and because if a park was 2ocated in that area if and when the City Council decided to go against the recommendation of the Parks and Recreation Commisssion and the concurrence of the Planning Commission, the access would be inadequate• Mr• Langenfeld definitely feit that by confronting the situation now, would prevent many problems in the future• Mr• Peterson explained that he felt the plat was good• He said that the Commission had problems approving the plat because there were other properties that could be effected by the plat• Mr• Blair said that Mr• Sobiech was working on the drainage problems• He seid that they would have all the necessary information and solutions 6y July 13, 1978- He said that the City of Fridley would not issue the Building Permits if they thought that the water run—off would go into the rear yards of the adjacent neighbors� . PIANNING COMMISSION MEETING - JUNE 21, 1978 Page 7 Ms- Schnabel pointed out that if the property was not replatted, houses would probably be constructed on the lots of the existing plat� She said that the existing lots were buildable lots and building permits would most likely be granted• She felt that the replat offered the City and the neighbors more control to assure that the drainage problems were not made worse and hopefully would improve the situation• Ms• Schnabel said that she sensed the fact that the neigh6ors were not so much against the development of the property as they were concerned about the present drainage problems and the chance of additional drainage problems in the future• Mr� Mickley said that the proposed development seemed to be a good plan for the area• He said that the concern was being expressed regarding the drainage and how it would exactly 6e handled• Chairperson Harris said that it was obvious that someone would have to take some action and develop a drainage system in that area• He felt that the water should be channeled onto the City owned lots and then into the Burlington Northa^n`s drainage ditches• He said that Burlington Nort,hern would be contacted regarding such plans• Ms• Schnabel suggested that the Commission continue the item until the developers were able to have ali their information together� Mr• Peterson said that he wanted to be sure that the item was not just sent onto City Council without forcing an issue on a rather difficult pro6lem• Chairperson Harris explained to the petitioners that without the Commission being abie to review the drainage plan and without being able to arrive at solutions to problems/concerns that had been expressed at the meeting, it was very difficult for the members of the Commission to approve the preliminary plat• He said that if the item wasn't continued, then the petitioners would have to go to the City Council with a plat without the recommendation of the planning Commission and possibly with a negative decision• Mr� Boardman pointed out that if the item was continued, it would go to Council in August• Mr• Munn indicated that there would be a possibility that they would lose their contractors if the item was delayed any longer• He informed the Commission that they have tried to develop that piece of property since November� PLANNING COMMISSION MEFTING - JUNE 21, 1978 Pa�e 8 MOTION by Mr. Peterson, seconded by Mr. Langenfeld, that the Planning Commission continue the consideration of a proposed preliminary Plat� P.S� #78-05, MUNN'S HilZcrest Addition; by Timothy Munn and Todd Blair: A replat of Lots 5, 6� 7, 8, 9� and 10� Block 2� Aillcrest Addition, generally located in the 7100 block on the East Side of East River Road until the July 12, 1978� Planning Commission meeting with a preset public hearing date with the City Council of JuZy 17� 1978. Upon a voice vote, a1Z voting aye? the motion carried unanimously. Chairperson Harris explained that at the Ju1y 12, 1978, meeting, ihe Planning Commission would require the drainage plan. He said that they would also require from Staff how the City property tied into the proposed plat. He saifl they would also have to have the results of the soil borings and the petitioners should indicate the easement lines on the plat as well as where access to the City owned property would be provided. He said that Staff should also egamine the situation of the drainage ditch with Burlington Northern. Chairperson Harris suggested that City Staff to be sure that a11 the worked out. the petitioner work closely with details of the plat are carefully MOTION by Mr. Peterson� seconded by Mr. Langenfeld, xequesting that the Chairman of the Planning Commission appear before the City Council e�tplaining the motion of the Parks and Recreation Commission along with the concurrence of the Planning Commission regarding the property in question� Upon a voice vote� all noting aye� the motion carried unanimously. Chairperson Harris said that he would discuss the item with the City Council on July i0� 1978. 2. CONTINUED ENERGY COMMISSION DTSCIISSION Chairperson Harris said that he had attended the City Council meeting as per the motion made by the Planniag Commission. He said he made the request for City Administrative help on an�tas need�� basis and for secretarial help on a regular basis for the Energy Project Committee. Mr. Harris indicated that the City Council denied the request. Chairperson Harris sai@ that the City Council had indicated they would recoasider the request after the Commission had put together the scope of the committee. Chairperson Harris said that he cvas told tha� the deniaZ was made due to a polzcy situation. He said that it was a 3-2 vote to deny because it was a policy that noae o£ the project committees would receive Staff or secretarial help. PLANNING COMMISSI021 MEETING - 3UNE 21, i978 Pa�e 9 MOTION by P�Ir. Langenfeld� seconded by tds. Schnabel� to receive the discussion materia]. that Ciiy Staff had provided for the Energy Committee discuseion. Upon a voice vote� all voting aye� the motion carried unanimously. Mr. Boardman said that he had talked to Ms, Harper from the Energy Agency and that she was scheduled to appear before the Planning Commission on July l2, 1978. He said that she would be able to assist the Commission in setting up the goals and objectives for the Energy Committee. Ms. Schnabel said that whether or not the City Council a� that time chose to grant the request for Staff and secretarial help did not mean that the energy problems didn�t still exist. She felt that the Planning Commission should continue with the original concept and in the process try to convince the City Council to support the Energy Gommittee� Mr. Langenfeld stated that the Planning Commission was asked to act in regards to an Energy Committee and they had taken action accordingly. He wanted to know why they couldn�t now get support from the City Council. Mr, Peterson said that the Planning Commission should decide hovr the Committee tivould be organized and then establish a liason. Chairperson Harris said that the City Gouncil wanted the scope of the Energy Committee; what the goals and objectives woul,d be. Iie said they wanted to know how the Committee ti>�ould be made up. Ms. Schnabel said ihat if the Planning Commission was truly a"planning�t commission then one of the plans they should conceive for the City would be some type of an Energy Project Committee. She said that the Planning Commission should being the concept to the City Council and if the Council chose not to agree vrith the concept then the concept would have to be brought back to the voters of the City for them to decide. Mr. Peterson didnTt feel that the Planning Commission should have to spend a great deal of time tivriting the Energy Policy for the city. He felt that the Energy Committee should be staffed rvith the people capable of arriving at the goals and objeciives. He said that the Planning Commission should work 1=rith the Energy Committee after they have done all the research and such necessary io gather all the in�ormation that iaould be needed to come up vrith an Energy Policy for the City of Fridley. Mr. Oquist felt that the scope and purpose as ti��ritten by Mr. Boardman in the booklet provided to the members was exactly what the Energy Committee i�rould need. Ae felt ihat the members should be given the scope and purpose and then they should devel.op the goals and objectives. PZA2dNIPIG COMPdISSI0P1 MEETIPIG - JUNF 21. 1278, Pa�e 10 Mr. Boardman said that the "charge" to the Committee should be for them to identify the problems and what kind of policy should be set up to solve the problems that they feel exist in tize City of P'ridley. Ms. Schnabel said that the Committee should also prioritize those areas �rhich are in need of specific programs and also develop a program of public aivareness. Mr. Boardman said that Chairperson Harris would chair the Energy Project Committee to help get the Committee going in the right direction. He said that by the third meeting of the Energy Committee a person from the Project Committee i��ould be elected to be the Chai.rperson of the Energy Project Committee. Mr. Boardman said that he �rould utilize all avenues of advertisment to get the most knovrledgeable people from the City of Fridley. He said that he would layout an advertisment for the Energy Project Committee and have it at the July 12� 19�8 Planning Commission meeting for the review o£ the members. MOTION by Ms. Schnabel� seconded by Mr. Peterson� to continue the Energq Project Committee discussion. Upon a voice vote� aIl vating aye� the mo�ion caxried unanimously. The discussion was continued until July 12� 1978. 3. CONTINUED:� RECYCLING PROJECT REPORT Ms. Connie Metcalf and Ms. Elaine Jensen ti+rere at ihe meeting regarding this item. Ms. Metcalf said that the main concern of the Environmental Quality Commissian was rJhether the land would be available. She said that she had talked to Dick Sobiech and he stated that the land �vould probably be available and consistent with the city plans. Ms. Metcal£ in@icated that the responsibiliiy of the collection center was an important is:ue. She said that the main reason many of the collection centers failed �ras because of the lack of organization and confusiott as to ��rho wou�d be responsible. Ms. Metcali indicated that the exact mechanics of the center had not been totally �vorked out. She said that the project committee would be talking to many other collection centers as well as to Dick�s Recycling of Brooklyn Park who would be picking up the recycZable materials from the City of Fridley. PLANNING COMMISSIOPI MEETING - JUNF 21, ?978 Pa�e 11 Mr. Oquist pointed out that the management of money payment should be a major concern, He said that if the money was not dispersed equallq� a b3g problem could develop. Ms. Metcalf said that it would be operated as much like the Edina recycling center as possible. She said that they would find out from them how the money was dispersed fairly. Mr. Boardman said that if the collection center was to be operated on a volunteer basis� some place in the £uture it would probably end up to be a City operation. He felt that at some point in time the center would have to be maintained by City Staff. He said that whether it would actually be operated by City personnel or contracted out by the City� the point had to be kept in mind, � Mr. Peterson said that he totally supported whatever needed to be done to get a collection center started. Ms. Metcalf explained to the Commission exactly ho� they planned to have the collection center set up. She felt that the City should make some type of committment to support the collection center. Mr. Boardman said that the City would possibly commi� land that this type of center coul.d be placed� hovrever he vras not sure whether the City was ready to commit staff personnel. Chairperson Harris explained that if the Project Committee has decided that they �vould manage the collection center� then the group had to be reorganized. He said that presently they �ere a project committee under the Environmental Quality Com�ission. He said that if they wanted to be the operating committee for the collection center, then they would have to dissolve the project committee and regroup themselves with no involvement at a11 vrith the City except the City would possibly "donate" the land to have the collection center located on. He said that the new "committee° vrould have to have an operating plan that they could present to the City of Fridley. He said that the City Council would also i�rant to kno�r how the Committee planned to maintain the "donated" land. Ms. Metcalf pointed out that if the City ever felt that the land was not being properly maintained� they could order the collection center to cease their operation. Mr. Storla said it v�as about time that Fridley did something about the subjeet of recycling. He suggested that the Collection Center committee look into the possibility of becoming and operating under the terms of a�'non-profit organization". He explained the procedure the Teen Center in the City of Fridl.ey went through and the benefits of doing such an action. PU(3LIC HEARI�yG QFF�RE TI1E PLAIdNI��G COir�17ISSI0N TO 14HOM IT h1AY CONCERN: Sdotice is hereby given that there viill be a Public Hearing of the Planning Commission of the City of Fridley in the City Hali at 6431 University Avenue Northeast on 4lednesday, June 21, 1978 in the Council Chamber at 7:30 P.M. for the purpose of: � Consideration of a Proposed Preliminary Plat> P.S. k78-o5, Munn's Hillcrest Addition, by Timothy P4unn and Todd Blair, being a rep7at of Lots 5, 6, 7, 8, 9 and 10, Block 2, Hillcrest Addition, all lying in the South Ha1f of Section 1�, T-30, R-24, City of Fridley, � County of Anoka, Minnesota. Generally located in the 7100 Block on tfie East side of East River Road. Rnyone desiring to be heard with reference to the above matter wilt be heard at this meeting. RICHARD H. HARRTS CHAIRMAN PLAN�lIN6 CQtdMISSION Publish: June 7, 1978 June 14, 1978 �� � Y V/,)/ l/t ll\1L��4� 1•I���I��.�/����� . r�.nr�Hrr,c nran zo�arrac roi�M . }1Ut•113i:R �t� � i� �i-'� , . �-- Ltl'PLIC/�'7"f'S STG'dA'Illlt : i��;.r Y,�, r-.» r Address �j`�! �oX 1•25oZ c�h'8.,vsG.��.�' i!/��� ���22 Telephonc Nurnbcr� S''�a7� ICli IELD'BAi;�. �� TIiUST C0. � �y: �{ ...�v N--rJ �`-c�1�' �j � I'R i: i i�;, � -z��;;�P6�. � ir�uv-! %t-% Q�i,;ti Address , ! Bi'..��?�'02 ,i/-��,s�n���✓. �•rS�ZZ , i'Yl'I; OP R1:QUL•5T Rezonin� '� �y Special Use Penni.t __z__e Approval of Premin- znary i, Pznal Pl.at . Streets or Alley Vacatioiis Other Telephone I�mnUer.�'� 3y3� �o' p� Fe��IJ Reccipt ho. /�r/� SL'r.eet LocaYion of Property��p/�.� ��-,../i �-ti.%/� , Legal Description of Property��`°"�' S/ �i %� %..�/�i �A""" ?� �' �'�'�`� Pxescnt Zonit:g ClassxficaLion �� Existing Use of Property�/G� Acreage of: Property �•��CC�'Jr�.� Describe briefly the proposed zoning classzficatic. or type of use and improvement proposed ����r� � �% --r- - �-�t/J�✓!6 ,� �t�cn.c°� (�� � . . Has the present applicanL- previously sought to rezone, variance or speci2l use permit on the subject site or lPhat toas requested a�id ��hen? � ' . . , p1at, oUtain a lot s,lit or part of' it? yes no. The undersigned widerstands that: (a) a list of all residents and oianers of property t,ithin 300 f.eet (350 feet for re:.oning) r.iust be attachcd to this application. (b) Tl1is application must be signed b�• all o�oners of the propexty, or an espla�atior ' giveu irhy this is not tl'�e case, (c) Pesponsibilit�- for any clefect in the proccedings resulting from the iailurc t.o list the nar,ics and addresscs of all residents and property oti��ners of groperty in question, belongs to thc undcrsigned. , A sketch of proposed property and structure mtist he dra�rn and attached, sliotainC the i'ollo�ain�: 1. \orth Dircction. 2. Location of p�'opoGCd structure on thc lot. 3. Uimcnsions of property, propo�ccl�structurc, and fronL and sidc setU�cks. ' 4. Strect Names. 5. Location and use of adjacent existing Uuildings (i��itliin �oo fec� The unJersigned�hercUy cleclares that 111 the facts and represcntations statcd in tLis app�ication are truc and correct. � ) ^ Dnr� il/,ci,�s,,��d • S Uatc Filcd � Dat.c of llcar RICIiFIELA E . �Y, .. PaAillllll,�' COOIIII15S101I A����rovcd Cify Council Approvcd (dates) ltcnicd ' (clltcs) Deniccf . . .,..r ��� POF.TCY �'A'R'1'1i14IitlT OII i'RItK F'TES FOR •1.NaD StASUIVISIOt�S ' The Par}; fce for residenti.al �tlbdivisions is $300.00 per lot to be �id nt Cha time the Czl.y a!'�Proves U�e final plat (raw land value of $10,500•00/acre). The parY, fce on co�mnerci.al and industrial suUdivisions platted after FeUruary 2h, 1977 t�rdinancc t]o. G33) is at t}ic rate of 1.3f3 centis� ($0.013II) per squar.e foot to be collected on each lot separatcly when buildi.nq permits are issucd (raw land value of $2U,000/acre). Typical Agreement to ]� Executed at Time �f Plat Approval for Commercial or Industrial Zoned Property: ' • PARY. PEG RGP.ErD:EP�i The undersigned undezstands that according to the City P1at-ting Ordinance the following land dedication or cash payment equiva- 1ent, is reguired to plat co;maercial or industrial zoned property: 3� of the gross area of the property to be subdivided. It is iurther understood that the land declication or cash payment equivalent is at the discretion pf the City. ' It is agreed that. a cash payr!enL at the rate of per scZuare foot will be paid separately for each lot w•hen the Uuilding permits are issued for the follo��•ing described plat: The nndersigned•further agrees to notify all future properL-y owners or assigns of the cash pa}�nent requirement. 2/77 Revzsed: 6/2/77 Siqnature (Pro�erty Owner) r- 7201 I:ast Ri.vcr Road NE Fridlcy, t•1N SSq32 P1s. Barbara 'I'hompson 7155 East River Road NI: Fridlcy, bL� 55432 Riverwood School 7150 East River Road NE Fridley, DLV 55432 Air. Donald N. Mei1 7092 Hickory Drive NE Fridley, T6v 55432 pir. Jim D1cGuire 7p68 Hickory Drive NE Fridley, hL�] 55432 Pfr, Harland Berry 7099 Hickory Drit�e NE Fridley, AL�I 55432 Todd Blair P.O. QOX 22502 Robbinsdale, Mn 55422 � '� "/181 East Ri.vcr koaS Nli k�ridlcy, h1;J 55432 hir. Stephen 0'Quinn 7135 Gast Rivcr Road NE Fridlcy, MN 55432 ( � ) 71G5 Last Stiver Rosd Nf' PriJlcy, DL'V 55432 � 4y i i Mr. John Kehner 7129 Cast River Road NE � Fridley, hL�l 55432 % Mr. James Holman �' Mr. 2farold J. Paul 7105 East itiver Road NE i 7065 East River Road NE Fridlcy, hi�l 55432 I Fridley, biN 55432 : _ _ _ .. _ . -- . \ Mr. Alan H. Crepeau I Mr. John J. fionzl 7084 Hickory Drive NE ; 7076 Hickory Drive NE Fridley, bL� 55432 � Fridley, h1N 55432 i Leslie Blinco � Marie Carrol, Abraham 7067 Hickory Drive NE ! 'Nichols Fridley, biN 55432 ; 7091 Hickory Drive NE � Fridley, hLti 55432 , _ i Mr. Timothy Munn � { Richfield Sank $ Trust Co. P.- 0. Box 22502 , 6625 Lyndale Avenue, S. Robbinsdale, DW 55422 � Minneapolis, b�] 55423 � � _ . MAILING LIST FOR P.S. #78-05 � P1UNN`S HILLCREST ADDTTION ; ' t � Planning Commission 6/6(78 ; City Council � �% �5' ' i i IJI 9 „• > , ��. r � �', � ;; I 4 S t29 �� � 7 n „„ ��'6L_ �at s i,i` _.i.ff.�i' ,,�.� ..,�s /v'G.f.,j/y f'as�'� � , 44 3 z ' 39 54 �,� E.� � �; .�... -- ♦� � Y �i��'Y 1 • . /� . _: ZOA #78-05 MU�yN'S NILLCR[ST ADDITION c., w�,� ' '' E.1/9 CO''Yi r, rJZr � ` i >JJIJ '/'' �i'f , . �. ... c. .. _ .._..�-°- _ a. , • � �. 7,4..//i�e ; �"F' ;� 727J / ti """' ,. ��95_..__ �}•" . (f .fn �Y / �lCi `' 3 7LGO i �` a.... -, `- • 3 . : � b-,_. ,,. , i6;i-�!: ..��, 6 _}: ..., >3� -- �a=�: 7 S ='� > -�•° s � � �1 �eo. 9 � " �'-Y... $ , `( Q _ � � `� r: . . ��"= i��zzi9 �__ ,� �„�:f.h � � �` �zi9 io s>�� _ ,.,. ,a- - � �� ,�zoi �} ^ �-1 f' se � �: i�J ti� --� ✓ c3 ti` � �z����� � , 72�5 ��up.• � sa � so � : \ ! h V ` � �li -+ � � � Q�.', � '. ° � � p� �' i i � . f7o 4;; ;,�`;/8ti! '.".`....;:-�� p� t °, • ��/ { 1 f � S�i _".°. " I � o �, ti 7161 �. �! � . 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PUBLIC HEARING BEfORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: �� � Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, July 12, 1978 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #78-06, by G. W. Paschke, to rezone Lot 3, Block 1, East Ranch Estates 3rd Addition, from M-2 (heavy industrial areas) to M-7 (light industrial areas) to aliow the construction of three general office( industrial buildings, all lying in the North Half of Section 11, T�30, R-24 City of Fridley, Councy ot Anoka, Minn�esota Generally located in the 5outheast corner of Main Street N.E. and 77th Avenue N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. RICHARD H. HARRTS CHAIRMAN PLANNING COMMISSION Publish: June 28, 1978 July 7, 1978 . ;� CITY QF PRIULEY MI1�Niso•rn • • PLRNNT"; ND Z a NG FOIiM NUhiRI:R 2nA-s/ �iQ-Olo APPLICAt1'1''S SIGNI�'lURI: � -- ..._ Address 5920 Kirkwood Lane North, Plymouth, MN 55442 ��.� TYPC 01� P.CQUL'ST �u Rezoning Special Use Pcrniit • Telephone Number 559-1651 Approval. of Premin- inary $ Tinal Plat PROPERTY OI4NBR'S SIGNATUP.E • Streets or Allcy ' Vacations Address 7620 University Avenue Northeast, Frid1ey 55432 • OYher Telephone 11umUer 571-6620 � ' Fee 155 °� Receipt No. 19Ci_`� Street Location of Property S.E.C.-77th Wd,� and Commerce �ldy , Legal Description of Property Lot 3, Block 1, East Ranch Estates 3rd Addition Present Zc�ing Classification M2 Existing Use of Property Vdcant land Aereage oi Property 2•6 aCY'es Describe briefly the proposed zoning classificatio� • ox type of use and improvement proposed M1 zonipg for construction of three general "- office/industrial buildin Has Lhe present aoplicant pre��iously sought to rezone, plat, oUtain a lot split or variance or special use permi� on the subject site or part of it? yes X no. What saas requcsted and ialien? a The undersigned understands that: (a) a list of all residents and oianers of property h�ithin 300 feet (350 feet for rezoninfi) must he attached to this application. (b) This application must be signed by all owners of the property, or an caplanatien ' given i,hy this is not the case. (c) Pcsponsibility for any der"ect in the proceedinos resulting from thc failure to list thc names and addresses of all resideiits ard property oti�ncrs of. pxoperty in question, belongs to thc undcrsigned. . A sketch of p:opcsed property and structurc must be cirai��i and attached, shewing t;�e follaaing: 1. North Direction. 2. Location of proposecl structure on the lot. 3, llimcnsions of property, propoted structurc, and fronY and 5idc setLacks. .' 4. Street Names. 5. Location and use of adjacent cxisting Uuildings (i�itliin S00 fee.; The emdersigned�hercby decllres tha application are truc and correct. DATE �URe 7, kg7g SICNATUP.F. pate Filcd Aatc of ltcarinF Flannin}; Com:nission Approved .(datcs) Dcnicd City Council Approvcd (datcs) Denicd in tliis � MqILING LIST ZOA tt78-06 GERALD PASCHKE Rezone Lot 3, Block 1, East Ranch Es,tates 3rd �i Planning Commission June 27, 1978 City Council _ Marquette State Bank, .� Evans Products Compa�ny `� Wm. A. Laing, President 7770 University Avenue N,E. _ 5250 Central Avenue N:E... Fridley, h1n 55432 'FridTey, Mn 55421 Consol;dated Container Corp Kennedy Transmissiort ` 763 Paorth 3rd Street 7700 University Avenue N.E Minneapolis Mn 55401 ' 6 �6eraTd Paschke 5920 Kirkwood Lane Nor-th Plymouth, Mn 55442 . . � . , FridleY, t1n 5543Z � I _ � ' _.._. . _ __ _�.-- ---- . - - . ---- � ---- _�..: _.., Robert Schroer � Elko-Kennedy Properties _�7620 University Avenue N.E. 10246 Serkshire Drive - � ��Fridley, Mn 55432 Sloomington, h1n 55437 � t ___. . _ - —__.._ ___.. � ': , • . . . _. .. . . _ _.. -- _ __ _. � _.. : � Earl A. Parcfl i . _ _ . _. _ _.. . ._---- ----• -- - � 3201 Rankin Road Paul Emersort � ; . Minneapo7is, Mn 55418 R.R. 1°• • I__.. . _ _--- _ _..... .--- - Charles Smiih 250 �sborne Road N.E. Fridley, Mn 5543Z Cub, Inc. Draw2r A Stillwater, Mn 55082 Perkins Cake & Steak, Tnc. 7520 University Avenue N.E. Fridley, Mn 55432 Gazda Investment Company 7580 Corrare�rce Lane N.E. Fridley, P1n 55432 Lake E}mo, Elinnesota ' • � � --- ---- -_.. ; .. - — - � � � � _. _ _ _ _._ . _. . .a -- .. .-- ---.... - Harold & Richard Harris 6200 Riverview Terrace N.E. Fridley, Mn 55432 i � i _. !American Oii Company �4940 Viking Drive ;Minneapolis, Mn 55435 i I � ,Osborne Properties .525 South 8th 5treet ; htinneapolis, t1n 55404 � � m II i . 'i. � , :: k Ga . r° i: v'i� o:�'., sJ i. 30 ., N wi ..' c y} �zs #I.E.'� _ `- K - j , � � /li.f� , u1 ti �N.f � .. ll�.F ^ .�.�(� „y � _ +�'. / ��., .' /6..:.a e '.'.� � _ �-% 75 _ -� o z _a -x,<�� •-:'• ;-3�- :� -3 ,3 - - " `"� .� _ .�� � � -' � R m ; S .- . - � - .20 ; � . .;.� a --'= � �;� ^F'! `�2 '� .!_ ( . i' L � - , _ : ,-: , ,ad'J = _ t .� . -�-<-�-< n. ,,, s ,„ ' ""7 � --2 ._::�' ....,-Y -- . . .. ��.v ='^-' . i� _..p :,%-a .� x=�3 ..:];; :j�.l ' _.__ —,w!7T�✓'7'�-ir' g '-'�� - .Q-� �,�..p 77pj : �z _O� ,;Y .._. . � � �-�o =� �' : Z.S =: ` ,/a �=�.�.�.�.:>d: �� -_+"* J �"�'6 `_-:* � sJ� . , '_�, .-,�-�,--� r ; �yi:_�., �: ,. �_ -�. � =�� dt,.� � . � "Q A V� -. ��:� .. ,� j/'�� t' _.a _. ��i ro " -- _y �.- � �' /3�'r. , "t'�-..4 �.�'...�`.�s�.�.x-, ZOA #78-06 GERALD PASCHKE � Rezone Lot 3, Block 1, East Ranch � .�-� .._.�.._ .Fs*.a�P� 3rd Addition � '°g ° .� � x��K�!}e,ay""�, u �- .�c�� _� .:��, .... ,\� x� .V , F,. 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P�! ��� . � �,• l � i N� 13 % [ N � B Z, "'�' ZOA #78-06 GERALD PASCHKE r- E r � � � Block 1, East Ranch .- , . a �, Rezone Lot 3, �:c�p� �; �, 7 k r, FY°> /��� � � F,S,jt�"aate5,3rd Addition � �GaRO- M � `k '.��� ..r� ys� \ � `y' � . �%�' I�yY �^� - t' �f j�� `�� . dATION, . o s,. , � I DPERTY ' �r '. �, f i .��� . �"= . a � f � f �(l �+ ',;�� �C� j ii � a ✓ ,� � � �� �, �a�� i �A�g� �� � � � za..a w..r . ( r � . .y a+`� f '?�y � p1��'.�Lj�LJ�lL/� C��(�� a,ti..t. � t«« �, �..+...� � ` .e. \� 4� �6'.dULJLyLJ'':L/� . ..�\.`.:.-; �� � .5 . �tlY� !��/�/ .. 'j � �'� �� 9J� ., "" t �ITY � I[ y ,, ^",�` SED�� � � .. o=�INOPI� �` {i .V� . ♦ i f1' ' i o�r ^ "� �._ �? �E �UN1TY . if•�.� � � 0 1 "I NOSPIT?L � y Zfl �� �k�: 5t ,t. �"o., � � ,� F� 5 �-� � �. •b' 6 a P' " \ . �.� � ��' . .'��::�J., j . L'1P� wA� • �`� r � S-. . . . � � $ �i ti �(. � .1p�, C M :' �• ��� � E�l.���� .� Y.'. �� b . 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R� i 'I '`i° A�. j�,- �. , `' �`_ .., f `,Eto � , �� ' . �� � /. j. r j. y' �° - p "F: , ..�'• ' . ' �.,,��., � � � .r �>i.. '�t�'E ' '�,• �. �,•� rir .,.. Su.�:�.o IS. - �a- -# ¢ ��i uo ,..: + � `w' :p A . . ., . .. � „:: � f. , R�� � . � ` ,,. ., . . �.� � - �;< � . �. � r • +r��,� c!+� x � ::°�s�. � � � �. �,.,: :� - ``�y � �`, ,� s:y!� � -$ ��� � �•zBRRAF .. .�, Pt 2• • .. �,.cs �(S� t�e . � �' � � � � _— f�ErENlau „. . � cH -. J .. -.� `:� �` RIL,E CREEK TERR� ��P[ -I C -( { --`_� �::. , 'UI' S �woc 1ros uar � ���r,/' �j I :s. ^!?'F`�'����� �_' /, t ��'1'/i'/.� `U . . ...� ! {���� t� :, .,, , .. , 1 L• "_' Lv� • CITY OF FRIDLEY APPLTGANT: Gerald W. Paschke ADDRESS: 5292 Kirkwood Lane North, Plymouth 55442 Street City Zip Gode T�LEPHONE �� 559-1651 535-3600 Home Business PROPEEtTY oWNEft(s) Robert H. Schroer �nDxESS(Es 7620 Univers Avenue, N.E., Frid1 ��w P�li FOR CTTY T1SF �iILY Applicant's id�me Lot Split �f, 7�-��- Date Filect: • Fee:$��.f�Receipt �9s9C��' Council Action:Date R��ARI{S : , Minnesota 55432 Zip Code Street City Zip Code TEI.EPHON�' ��(S) 574-9591 571-6620 Home Business Property Location on Street or Exact street Address (IF ANY) Southeast corner - 77th Wav and Commerce Way Legal Description of Property: l,ot 3, Block i, East Ranch E�states 3rd �0.ddition Reason for Lot Split: Development of three (3) genera1 office/industria1 buildin9s, each on a separate legally described parcel. Area The undersigned hereby declaxes representations stated in this correct. DAmE: June 7, 1975 BELOW FOR CITY t?SE ONLY CHECL:ED BY STAFF DATE Hemarks: Zo.ning C plication has been mad at a the fact/s �nd �lic��n are tyuel and i:ior. for M1 zoninq. �Se9 reverse side for additional instructions PLANNING COMMISSION: Date of Consideration - Remarks: CITY COUNCIL: Date of Consideration - Remarks• u \ � � i I � 1 � i i { I ' , � , �___. ". _.� � I o � �,� . or Q 6� i, g� o Tr OOEfi ' � � N � � � � N r- O � Y a 'o N Q � � ,, r �'�:t� �•• .._.....� .�_ __ ...—{ . __. ,._. __.__. _ . . _ . _. .. _..._._.. .__. _—... , }1 � , ! 1 .. ,1 � .b1 bLY - _"'__'_ '""_' ` 1 e��zz d � '- , 4 B> . 1 Y a�9s 9 �� • � � _ 1'1 O W d a<. • "P' 6 � 4 ' _ a �° t / � I ----------°a�=°t�Z _--------------- . ^.i ' ' �� � �ra` ^ • g. � � t • N �t�, .� Z U O j � F � U a � � n U a fT �' J ^ � c ---so_sa:----- ----.. � � .� � .'r �n � �. � <' ,y < ,, ,;, CC �. . _ . U � u a a a i �� 5;. y ��.•�ba O �`�PA K /'� ,� ,�4`:' �, � : � �,�` ; V. . �„ .�.,i / i / / / / � / � j i � � �� � �,'�' ,' , � �. t. <; v C' � ... � � ,. / PACC:F:L :1 7'i�e L"ast 3/4 of an acre of proposrd Loc 3, Elock 1, l:ast C:tnch CstaCes Third Addition, bcir�± ;! 33 feet of the Cast 90 feet of saiu proposed I.ot S and [he I:ast 134 feet of tliat part of said ; L,ot 3 1}'ing South of the eas[erly extension of thc South line of 77t1� tM1'ay and the South linc u; i;u��. P:IYCL'I. I3 . The l�est 146 teet of Ciie East 2E0 feeC of proposed t.ot 3, i3lock 1, East I:anch Es[ates Third :\��i as r+easured alung che Soutti li�e ot said propused LoC 3. , P�IRCEL C All. of proposed I.ot 3, Block 1, i;a�:C P,anch Lstates 'fhird AddiCion escent the Fas[ 280 feec the:• measuc.�d alo�ir the South line of said vr000sed I.ot 3. ALL D1PG:�SiO\S SL`SJIiCT TO RL'1'TS10S I;PO\ FI:dAL PI..1T. I hereb)' cer[ify that [he pruoosed lot snlit iaas nrepared b�� me or under my direct sunervisi�_: Yhac I am a duly Y.egistere.d LanJ turveyor under the laa�s uf th� S[ate of ;(i.nnesota. ���.. � F.0` :(C1:PkIY, R.L.S. 10II32 June f3, 1978 �QVis¢d 6�12(78 e ��' � L'T'fY 01' PRIULLY h11h7Ni:5[)'fA • PI.ANNIh;C AND 2GWING FOlt�1 t;ut.s�zta ;y/�7��/3 � API'1.IC/',ti"I"S SIG;�Al11Rli �a--✓�.� ��//�.-�'�✓' Address 7�.36 S7'Z .5.�/�� � 7'elephonc i�umber 7�y �'j,J�� PROPERTY 014;r'�R'S SIGNATUR� fti..--.._�j�.vr„�•.;,. �.�vr(�P`j naaress 79S'� S"T� .�� �� , a..,P .4rC° TYPE OP RGQUI:ST Rezoning Special Use Perniit ApProval of Premin- inary F, Pin11 Plat �_ r—r.. F� f� v1� 1Y Vacations Other Telephune tiumber 7� l`,TSy �y � Fe A��U� Receipt No�� (�. Street Location of Property 7LZ/ o%/ L'�.,J2�.4Y� .r�E jh�/� iyiyr �%�Y Legai Description of Property /�--�� y��-f'l�,7`-j� /17�„r��n,o2y 4�.t��� ��l��-- Present Zaning Classification C � � Acr.eage of Proper.ty Existing Use of PropertylJ PsLRN'� Describe briefly the proposed zoning classificatic: or type of use and improvement proposed Has the present applicant previously sought to re�e, piat, obtain a lot split er variance or special use permit on the subject site or part of it? yes - no. 15�iat t�as requested and wlien? . . r 9'he undersigned understands that: (a� a list of all residents and o�eners of property M�ithin 300 feet (3S0 feet for rezoning) n�ust Ue attached to this application. (U) This application must l�e signed by all. orvncrs of thc property, or an esplanation given tahy this is not the case. (c) ResponsiUiliCy for any defect in thc proceedings resulting fron� thc failurc to list the names and addresses of all reside�zts and property ot,ncrs of. property in question, belongs to thc undcrsigned: , A sketch of proposed property and structurc must bc drai.�t aad attached, sho�aing the ' folloi�ing: 1. North Dircction. 2. Location o� proposcci structure on the lot. 3. Uimensions of property, pronosed structure, and front and siue setbacks. .' 4. Street Names, 5. Location and use of acljncent existing Uuilciings (��ithin 300 fect? The tmdcrsigned 77ereby declares that all the fscts and represcntations stated in this t+pp2ication arc truc and correct. DATE � STGNA7'URF. �� a�.�r.�-�� ��u�----�--�o (AI'PLICAN'I') ' Qato Filed Dntc of ]lcaring P1nt:ning Comiuission Approved City Council Approvcd (datcs) Dcstilcd (datcs) Denicd / 4ena4e5 lsan 1�taiumen% . � I � �J — ( � M O z I i � � N = ,-�, � � • .., I .., � :.v � �� ; -•, Z N � , �o= �.� �- f" � �,, � � •-.? � o �i � .� •� a.> <_� e, ��' � 1 � a .i . �� 1 4o.a 511 : . ----- Lirt� , o} rriq►¢t� --- ,,.. �� � . , .. , . � . ... t4J4. � t' �l�: � %�' 03 ,:. �earinqs, shown 4re assumed �7� �� Sca' . ;}�� S, ` Dashed line5 , deno�e U�ili�y �nd Dra _:. , , f s� �;. }he Iai,hOe, unies5 o�herw�Se indicafed �< x �:�� � � I � :_�: � � ; �, = �,-' � , � , � � � ny_ � _�`t,., �� ...-� .. � �, : M �.li . .K:�/-i . L `� Y'J : ,�- " � � : jj : 5;_ ,. ; :_ . ,. . . = � ,,,... f z.z- � ; j l�ur� la�e c� $tcfion l2,TownshiP 34. 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I. . ___�/�_� l_ ��_— 't41.34---� {----" »' � � io 2p i���� �✓io' � I ...74:0 ,: `'.��.a� t i. q'?�s ¢� ns� / �p� i � ��� l z56• ° ; � 21 � �= 24 > �; ��.,_ � � i i `� . • 22 "�`�� �z , 2. r--a� � e�so' i n{ , � .. �'" �, Northwestem Befl 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 June 14, 1978 Mr. Darrell Clark Comnunity Development Administrator 6431 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Clark: This concerns the request of Authorized Consultants to vacate the northeast 5 feet of Lot 25 and Southwest 5 feei of Lot 24, Blcok 2 of Meadowmoor Terrace, Fridley, Minnesota. Mr. Warren Marmorine of Authorized Consultants has agreed to assume all costs for relocating one buried cable now in this easement. Also, Mr. Marmorine will provide a new utility ease- ment for the rerouted cable 10 feet on east line of lot 24. When buried cable has been relocated, the Telephone Company will have no interest in the vacated easement. Attach Yours truly, ���'Zz'Ga�dl�`� Engineering Manager ��'` I �� � L, i� �1 �V/ �� ,p �1 �.` .: .. v.• Suna 12,, 1978 Mr. Warren Marmorino Authorized Consultants, Inc, 7921 Beach Street NE Fridiey, t.i^f 55432 Dear Mr. Marmorine: The Riinnesota Gas Compeny has no facilities within that platted utility easement over the Nort}ieasterly 5 feet of Lot 25 and the Southwesterly S feet of Lot 24 all in Block 2, P�feadowr�are Terrace and has n� �bjecti�n to Lhe vacation thereof. Sincerely, � -_ ��/��- �?�� Willism R. �ci�ram Resl Estate Section {VRS:nke r �� �- G�?t'6��'�L i'�l�ViSfi7P1, di"iC. �.._ ;;�; OF FRfDLEY 350- 63rd Avenue N. E. Fridley, Minnesota 55432 (612) 571-0100 June 9, 1978 �1r. Darrell Clark City of FridZey 6431 University Avenue N.E. Fridley� I�N 55432 Dear �1r. Clark� Please be advised that General Television has no objection to our vacating the utility easement on the Northeast S Peet oP lot 25 and Southwest 5 feet of lot 24� Block 2 of �7eadowmoore Terrace� Fridlsy� f�in�esota Sincerely� ��-�:.��-�..�, Lee Steckman System Supervisor LS:sp cc: Warren �1armorine Old Central Properties 7921 Beach St. N.E. Fridley� CIN 5543?. dai �� �'� N O R T H E R N 5 T A T E S P O W E R C O M P A N Y qSpi g6TH AVENUE NORTH BROOKLYN GENTER. MINNEBOTA 38429 June 14, i978 Mr Darrel Clark Community Development Administrator City of Fridley 6A31 University Ave N E Fridley, Mn 55432 Dear Mr Clark Please be advised that NSP has no objection to a vacation of the N.E. 5' of Lot 25, and the S.W. 5' of Lot 24, Block 2, Meadow- moor Terrace utility easement, City of fridley, since it wi{I not conflict with o�r existing facilities. 5incer y , � i�( John L Ranck ` Municipal Services Representative North Division JLR/rp r� �..'4b CITY OF FRIDLiY �� n �.y'r MEMORANDUM MEMO T0: Nasim M. Qureshi, City Manager MEMO FR0�9: Richard N. Sobiech, Public Works Director . DATE: June 15, 1978 SUBJECT: REQllEST TO VACATE CERTAIN EASEMENTS ON LOT 24 and 25, BLOCK 2, MEADOWMOOR TERRACE Attached, please find a request to vacate certain existiag utility and drainage easements on the referenced property. Actual vacation must follow appropriate formal processing through the Planning Commission and City Council. The petitioner, is however, interested in beginning construction on the property immediately, therefore, is requesting an encroachment into the easements until the vacation process is completed. Information received from the utility companies and the City Engineering Divi- sion indicates no objection to a vacation of the easements. The telephone company, however, would require relocation of an existing c.ahle and dedicatian of another easement which the petitioner has agreed to do. It is requested that the City Council consider approval of the encroachment at the regular meeting of June 19, 1978. RNSJgrs Attachment � t ,+1 ,��� �\..` I.� y1� `�\ r \ ` \;` \. J ' 9 "—" CITY OF CRIDLEY `�"� � , 4/ N � �� 'a/�. R zt o ���. �� -N ,r, rd H+�,1 a� •� ;s ��F N +> u� P�•� m a� o s .c m o •�+ +� s: +� }� N t$ W O U O ri N •rt U N � S� i� (� i-'. �j N O U xa�� N °u-�� � P�m+� W � HH O API�LICAflT: �/� i?.= �A G � r�nD.�rss: lo�� �At�.b�l✓11. >f.��.�'v� S � �z Streel; L'ity 2ip Code TELF.PIIOf� �f �'7 1 - d '� -7 Home Busixiesa r�or�mY o�frrr�( s)S ,a �21 a�'p l'1.� �' �_�nA G� ADDRESS( ty I�pplica.nL',o liuiac i;�t sni�t �-� . ,'-�,�— n��:� ���i�a: ` Pee:�; •%�% Recci_Z�t J/4.;7i��.�, Council dction:Date RLidARKS: 'Lip �oae Street City Zip Code T�L�PHOI1� ��( S � Yroperty Locaiion on Street or Exact Street Address (IF ANY)JQ��Cs-A 1�1��'��" N�. Legal Descripiion of Properiy: L n7" � /`'1 �.!- o�.� IJ �.1 �r.4 s�. 17 � n/ s Reason for Lot Split: , ,�i'i L'3.8'�/�,L a�' Nl+�S 3 S'y }� f.,t" Ft� e,n%Th�C`..�, l?�T ��'�1� --- NF.�1� �" o�x'y �"a J-�.�,�t� �t�4� � 1=F ssr7'�AG� Area The undersi�ned xepresentations correct. sq. sent Zonin� hereby declases that all the facts and stated in this application are txve ar�d DATE:1 �,�-�P SIGNAZ'UEtE� a-...L�. �CCS.��. BF,LOId FO.�'i CITT t1Sr pNT,Y (See reverse cide for additio.nal instructionr CI1LCKlll liY STATP DATI , Heauu�ks • • _ . — — PLANNING COMPfISSION: Date of Consider.ation - Remaa�ks: - -- - CITY COUA'CIL: Dai:e of Considcratiou - Remarks: t � � y ; , � �" .,.�---- '- . . � , � ; ( , �- ;^ � ' � � , f � f��..�•i. �� 'n�.i! A✓r,._.� • A�:4� � ,[, `` � � : � '1JIn !.Ni l�'i �Y�! � . � '� � � . � �--� ' ' `,i�l . ` : : ,,I I � '� I` pG1'��. � , , . , . , , � , . �� � ���/ z `i. ;' '��Q6 i . ' - � � ��� kv � � �� • . . � ' *v �I� ,�0. 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IJ�nncann 493tl7 I 11�lartg�n,�o 1.oan �urv�y for F�lpl E'Y 5i/� ����N/j I � �~ �i� S,�w ti 5� ,`�� ��C P ��� �'�y- � �CCII�� (M��,,��, tf _. M_.._.___.....::. / FX/ST1NG y�usa A'o ,i+ l�n? ;�!ui la ;;:$'o'a��� �ar0e�s �`1�` �,��. ,;' st+`'�' — 358.65— � ,. � s � Exu7ruC caaacE '' ,�>� f � `` / �' I , �1`� 359.�y =-- {---- 7� ° � —i G,�QOEN,q AuENUE NOVfMBER � l977 LDT' 14, �� � `� �s \,c�. �,o r;>' � ` ��t1o� � �,.����� � Nf �"LOL,�ND G,�RDErUS avo;,� cvurv rY S'uh�eel lo �orlion Io,'rn ror ll�yh�voy a�,d o��y� eorFrne��ls n�'reeoro! ihi� is a Iruc dnd <o�rr<i �e�>ru�rnitUion n) n WrvrY ^� Iho Low��Jvri.y ol Un. Iun4 aho�•� Ja�c�ibnJ ond ol Il�c Iniulina ol all InnhLn.�•� �I �o�Y� ILwrm, nt ull vi�il.l�. rnno.��hm.���1�� d� oy� lrnu� o� � n ��nd l•�nd. 161� .m ..r 1. � . ��, . �� 124 Noise Contral Sec. 1?1+.01 Definitions. ' 7he following words and terms when used in this Chapter sha{1 have the following meanings unless the context clearly indicated othe rvrise. 1. City Official - Any duly authorized representative of the City as designated by the City Manager. 2. Highway - Any street, road, or public way in the City. 3. L10 Level - The noise level, expressed in dBA, which is exceeded ten percerit of the time for a one-hour survey, as measured by test procedures approved by the City Official. y. Motor Vehicle - Any self-propelled vehicle noY operated exclusively upon rail- . road tracks and any vehicle propelled or drawn by a self-propelled vehicle and including vehicles known as trackless troileys which are propelled by electric power obtained form overhead trolley wires but noY operated upon rails, except snowmobiles. 5. Noise - Any erratic, intermittent, and(or statistically random oscitlations which result in disturbing, harmful, or unwanted sound. 6, Noise Level - See sound levet. � 7. Person - An individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body oP persons whether incorporated or not. And, with respect to acts prohibited or required herein, person shall include employees and licensees. 8. Sound - A temporal and spatial oscillation in pressure or other physicai quan- tity in a medium with internat forces tvhich causes compressions and rarefactlons of that medium and which is propagable at finite speed to distant points. 9. Sound Level (Noise Level) - The A-weighted sound pressure level, expressed in dBA, obtained by use of a soundlevel meter having characteristics as specified in the American National Standards Institutes (ANSI) Standards 51-4-1961. 10. Sound Pressure Level (SPL) - Expressed in decibels (dB), is 20 times the logarithm to the base ten of the ratio of the observed sound pressure to a reference 'pressure of 20 micropascals. Sec. 124.02 Federal Occupational Safety and Health Act. The following regulation is here6y adopted by reference and incorporated herein: Federal Occupatio�al Safety and Health Act, Title 2y-Labot, Code of Federai Regula- tions, Chapter XVI! (Occupational SaFety and Health Administration, Department of La6or), Part 1910 (4ccupational Safety and Health Standards). Subpart G(Occupa- tSonal Health and Environmental Control}, Section 1910.95 (Occupational Noise Exposure), June 27. 1974 $ec.124.03 Minnesota State Reyulations rcnce. "1lotor Vehicle Noise Limits are � :D (a) A noise 5ource (excluding motor vehicles operating on public highv�ays, loco^ motives and rail�oad cars, snowmobiles, construction equipment at construction sites, mainYenance of utility easements, and 'snovtplowing) within the following zoning districts (as defined in this Code) shall not exceed the L10 noise levels set forth below. (1) M1 b M2 Zonin9 Districts (which may include but are not necessarily limited to foundries, plastics extrusion, heavy-equipment repair, metal treating, cement handling, concrete products, excavation processes, junk-car disposal, or any other manufacturing concern) - 70 dBA as measured on the property line of the receiver. (2) C1, Cls, C2, C2S Zoning Districts (which may include but are not necessarily limited to service stations, motels, restaurants, blue printers, lumber ya�ds, drycleaners, experimental laboraCories, schools, car washes, and open sales lots) - 65 dBA as measured on the property line of the receiver. {3) Residential Zoning District (which may include but is not limited to single-family dwellings, private school, day-care centers, private garages, permitted home occupations, churche,s, public stables, marinas, muitiple dwellings, and retail shops) -60 dBA in the daytimes (7:00 a.m. to 10:00 p.m.) and 50 dBA in the nighttime (lO:OQ p.m. to 7:0� a,m.) as measured on the property line of the receiver. (b) In the event that the property on which an industrial, freeway development, business, commercial-recreational, or institutional noise source is located abuts residental property, the noise source in question shall not exceed an L10 noise level of 60 dBA in the daytime (7:00 a.m, to 10:00 p.m.) and an L10 noise level of 50 dBA in the nighttime (10:00 p.m, to 7:00 a.m.) as mea- sured on the property line oF the receiver. (c) Construction equipment, which may include but is not necessarily limited to front loaders, graders, cranes;• pumps, saws, and generators, being operated at a construction site shall not exceed an L10 noise level of 85 dBA at a distance of 50 feet. See Section 110 of the Fridley City Code. Sec. i24.04 General Testing and Measurement Procedures. The City �fficial shall adopt guidelines establishing the test procedures and in- strumentation to be utilized, and a copy of such guidelines shall be kept on file in the Community Devetopment Section of the City. Sec. 124.05 Noise Impact Statements, GENERAL PROVISIONS. No owner of any land shali commence construction or cause construction to be commenced of any structure covered by this Section unless a noise impact statement has first been approved by the City Official as provided in this Section. The City Official will be responsible for determining whether or not a noise impact statement is required. If it is determined that a noise impact statenient is required, it should include the following: i�� NOISE It1PACT STATEMENT, All residcntial, office, comnercial or industriai structures reyuiring site plans in accordance with Sections 205.07 and 205.13 of the Zoning Ordinance shall submit a noise impact staCement which adheres to the following requirements: A. Preliminary Noise impact Statement Requirements: Prior to submission of the noise impact statement, tfie applicant shail meet WITN the Noise Officer to consider preliminary features of the site and the noise impact of the proposed development. Such preliminary statement shall include the proposed general layout, location of land uses both on the immediaee property and on all abutting properties, proposed parking a�d landscaping, identification of existing and proposed major sources of sound, where applicable, plans for sound attenuation measures on the site andJor of the structure proposed to be built. _The NCO shall have ten (l�j days for review of the preliminary noise impact statemenC. B. Final Noise Impact Statement Requirements: Three (3) copies of the final noise impact statement sha11 be submitted to the Noise Officer for review. t. The final noise impact statement shall be prepared by a registered architect, civil engineer, practicing land planner, practicing designer or registered land surveyor. 2. Said impact sYatement shall contain the fotlowing information: (a) Name, location, owner and designer of the proposed development. (b� Locatiort sketch of the site in City of Fridley. (c) Date,north arrow and graphic scale (not tess than 1 inch equals 50 feet). {d) Location of all property lines and existing streets including dimensions of same. (e) Building situation and zoning of the immediate property and all abutting properties including scaled dimensions between buildings. (f) Any features proposed in the Dfficial Map not existing such as increased right-of way, open space, etc. (g) Identification of the major sources of sound and thei.r noise emission specifications. (h) Any projected or proposed new or expanded sources of sound which may affect exposure of the site following completion of the project and iheir noise emission specifications. (i) lJhere applica6le, plans for sound attenuation measures on the site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these nieasures. C. Approval of Noise Impact Statement 1. In preparing a noise impact statement, the applicant shall insure that the eompleted structure and the activities associated with or on the same property as the structure saill comply �aith the sound level limits set forth in 124.04 of this chapter. ��� 2. The Noise Officer shall have ten (10) days for review and approval of the final noise impact sYatement. Said officer may require appropriate action to avoid violation of any provision of this ordinance. D, Comprehensive Plan: No comprehensive plan or amendment Lhereto shall be approved unless such plan includes a sound analysis which: t. Identifies existing and projected noise sources and associated sound levels in and around the area under consideration; and 2. 4nsures usage of adequate measures to avoid violation of any provision of this ordinance. E. Appeals: Any applicant may appeal an adverse decision by the Noise Officer under this ordinance in the Fridley City Council on the grounds that the Noise Officer's ruling was arbitrary, capricious or unreasonable. Sec. 124.06 Central Air Conditioning Equipment. The City Official must approve the location of new installations of central air conditioning plants or equipment o-�hich are exterior to a building. If the City Official determines that it is impossible to position a centra9 air conditioning unit an acceptable distance from adjacent properties, then an alternate method of compliance shell be approved screening or buffering which �aill meet the re- quirements af Section 724.04 of this Chapter. Sec. 124.07 Sno�amobile Requirements. (Refer to Chapter 703.04) It was recommended that the snowmobile ordinance by amended to i�clude noise regulations for snowmobiles. Sec. 124.08 Operational Limits. (a) Recreational Motor Vehicles. See Section 8.68 of this Code. (b) Outdoor Power Implements. No person shall operate any outdoor power imple- ment, including but not limited to power lavm mot,ers, snowblowers, po�aer hedge clippers, or such other imptements designed primarily for outdoor use, at any time other than between the hours of 7:00 a.m, and 10:00 p.m. on weekdays and 9:00 a.m. and 9:00 p.m, on Saturdays. Construction activities which can meet the requirements outlined in Section 10.29.02 are exempt from the operating limits of this paragraph. (c) Construction Activities. Mo person shall engage in, permit, or ailow con- struction activities i�volvi�g the use of power equipment, including but not .limited to any kind of etectric-, diesel-, or gas-powered machine, on Sundays or at any time other than between the hours of 7:00 a.m, and 70:00 p.m, on weekdays and �:00 a.m. and 9:00 p.m. on Saturdays. Construction activities which can meet the requirements outlined in Section 10.2g.02 are exempt from the operating limits of this paragraph. (d) Refuse Hauling. (Refer to Chap[er 113,1� of the City Code) �`w (e) Emergency Exceptions. Situations wherein immediate work is necessary to restore property to a safe condition or when immediate work is required to protect persons or property from eminent exposure Co danger are exc:mpt fran operational limits. Sec. 124.09 Public Nuisance Noises Prohibited. It shall be unlawful for any person to make, continue, or cause to be made or conCinued any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others within the limits of the City. The following acts, among others, are declared to be nuisance noises in violation of this Article but said enumeration shall not be deemed to be exclusive. (1) Animals, birds, etc. The keeping ot any animal or bird which by causing frequent or long continued noise shall disturb the comfort or repose of any persons in the vicinity. (2) Whistles. The blowing of any locomotive whistle or whistle attached to any stationary boiler except; (a) To give notice of the time to begin or stop work; (b) To give warning of fire or danger; or , (c) Upon request of proper City authorities. (3) Exhaust. (a) The discharge into the open air of the exhaust of any 5team engine, stationary internal canbustion engine, motor boat, or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (b) Mufflers of the type commonly known as "Hollywood Mufflers" shall not be permitted. (4) Defective vehicles or toads, The use of any automobile, motorcycle, or vehicle so out of repair or so loaded in such a manner as to create loud and unnecessary grating, grinding, rattling, or other noise. (5) Loading, unloading, unpacking, etc. The creation of a loud and excessive noise in connection with loading, unloading or unpacking of any vehicle. (6) Noises near schools, courts, churches, or hospitals. Tlie creation of any ex- cessive noise on any street adjacent to any school, institution, or wfiich disYurbs or unduly annoys patients in ihe hospital provided that conspicuous signs are d'fsplaycd in such streets indicating that the same is a school, hqspital, church, or coure street. (7) Hawking, peddling, eYc. The shouting and crying of peddlers, hawkers, and vendors �vhich disturbs the peace aRd quiet of tl�e neighborhood. Sec. t24.10 Exceptlons. 'I �.,'cJ It is recognized that under certain circumstances it would be impossible for a noise source to comply with the provisions of Section 124.03 of this Chapter due to economic or teclmotogical reasons. In cases such as this, application for an exception may be made in writing to the City Official. The application shall contain the following pertinent information: (1) Dates for exception requested, (2) Location of particular noise source and times of operation, (3) Equipment involved, (G) Necessity for. request of exception, (5) Steps taken to minimize noise level from source, and (6) Names of responsible persons. The City shall notify by mail all property owners within 500 feet of the source in question of the requested exception. Application will be revieYred by the City �fficial, and a decision to approve or deny the exception will be made in writing to the responsible persons within 20 days of receipt. Sec. 124.11 Appeal of Exception Process. The decision made by the City Official concerning the exception request may be appealed to the City Council within te� days after receiving the City Official's written decision. The appeal shall be filed in writing with the City Clerk who shall schedule a hearing before the City Council as soon as possible. A written report shall accompany the request for appeal. The report shall contain pertinent information which would adequately justify the request for an exception. Sec. 124.12 Enforcement. Enforcement shall take place in accordance with Chapter 901 of the City Code. •' w w ' 4 .. . . . , / (v�';i��,�,:. ✓ �, �� "7. •'!'E!'C?!!i,�L'!! n(' nrp[�!'E(1T�--- Th^ purnos° of t17is t"•cnorandur of f,ore.nent is to describe :hose � � ���� areas o` enforcer:�nt activity cov�red bv Ch�pter 3=3 of th� ���:�n�SO�Z State Statu�e s�i!i�re a collahorativ� effort het�ieen t,�� Fridl��/',u^an Pesourc2s Connittee/La,�cJlord-Te7ant nro�ram and the Sta�e Denartr.,ent o` Hu�^a� �'inli±s can be effectuateJ. 1. Takin� a Char�� nf aiscrininatio7 - On S9te 11'nen an allec?^d discrir�inatory �ct in the area �` .°.ral Pror�rty occurs t��itnin t��� ju�i,sdicti,nn ef .th� Fri�iey l;ur,�n Resnurces Co��^i*_tr.e/Landlord- + � . x.t.- •,k� Q'- i�,._, .� r• o t� n n f i; 1.. Terian�, nrnnra�1an�P�,,n_ cn�.rnin{i n,.i-t,y r,..k_s initial c_n�ac,, t11:i a u,:sin- I1d�C�.� i^ci!1:]L'Y"�S/ Of �fl^_ �Y1��AJ SUl��a7 PCSOUI^C�S C:l^.,j`t•?�/�a���7nr.�-i�nan� pronr�,r,., th� Landlord-Tenant .r.ro�r:;^ r��nber(s) r?.� att. r.tn� v�l� ��s�?r;, r�]u ion of t:T? ori�vancc, rrinr ;.o flll':�q d fnr�-+�1 c:i�r�� �•fit�i th� Cenartr•.ent nf iiU�41P.❑ ='lG�l�`.5. If �s1n c'.�`.:?Iltlt ?t �(O�URtdP`� P�Sn,�J`}q!l t�lj5� t�te Laa•,'::nrd-7rr��nt PYOnra^ ^^=�'�er(s) sh�.il rc`�r }h^ c'�arae tn t�c � tiinn�sa�a �enartrent o; I;u��an :?iai;.s as d°scri5^d in t':�° `^llo::i�n sections. The � OC@� COC1E?l tt?°_ C'3V cnn�� ° �E:` L�i: i311 ;l"i,'i?'1 � Q i �lf^dq ?i nhts � 1(l �%� C: of ii�e c::�arn2 and for•!ard 4;r., c�iarn� to tha �^.r•,�1•;n�n� of ��;.,-:�n Pigh�s �or docketinn asid rrocessina. � ►!. In`a4:^ 'of r:�, r•ne �n-Si t2 (1) In+�ke Tntervi��•� - Tne purpose of the inta::e interviz�,-! is to docu.��nt as ruc� .r.cr�inen� in:`ow'1t10r ,s nnssible reqaruina an all^_�ation of ciscrinin�tin7. 7^� c;�arainc �t t_ :iS'.;=C�i i.Q ilt"1 f� 5 td�P. !.�.� t»� n �. � nart, si:ould b� e y at t,.�i b..li:.�e � t0 l�e discrir..in�ta��y �Y°d�£1C'.tt. T��A Sw3$°^e!li`. should b°_ record2d cn thn p:?? forn l.ffid:avit :?. The ciiarninR ,.^.art�� S'1f�U�(1 f^�V1!?�1 th° S�lf�^8tlt for accuraci . and sinn it. The si�:izd P`fid�vi± =1 S��r,U��� st��e the b�sis, . the area of uiscrir�in��ion, t��hen it occurr2d, an:l !�y tlitnn. . . n C�l°_CG: S{10U�:� hn �n�?iis? `i,q 'uS$lIl'� �}l.lt t�l^. C:1�1'�c^ 1$ '�i.11'1��V� i.e.> occurreJ :ri2tiin six (^) non�:'u �` t,ie `ilina da±�-. , e � ��� ud$.^.G ^:? i•ln ����nryP.�� C75CY'7n79u�1C'1�. rfl^ �:'al�iili -�� �!1C,1� C7G•�,1.`,��`n �-rr�!:�r ' s.i.nulr! r.r�aar.^_ ��:1•^ �;f;i�;�vi� =.'_ `,,, zs'ri:sc �� {!7� Ci7arn7tln -�art.j S^nClfit 15St;�. 1".^_7?:.a:� OU^S �7.�;75. �:nsu�rs io ±�e ou�stier.s �re r^corLU' �n tf?.^_ af � i daYi t a�l ; ar2 revi P�"ed `.�'i L� t:^.? Gi11Y!7jf1!7 r.�1'i`.% �0 : SSllPO CC'0`7�?,�,'!1^SS 9IIi accur,c;�, t•c�ich shoul� inc7u.�e: (1) a d�- tail�;l s�n:.�n�r,t of �he fi� r_±.s; (�) na-^s of rotea±i�7 �±it�l�ss�s- (3) dat�s� (�} Sect�-'_r.c2 of ev�n�;; {�} npr5o^!5) i;tvnit+�d 7i1 Ci15CPlml'.1��01"� ?Ct�S�. f:'•?Y(:1't� n.i'�V 1S 7.^.StPUCt?Cl �0 �L'7i ?:1Cj V:.l"lf.'/ r2c�,r�'�:i 1i3f01'::1u''i.7C1f1 8i1C� ?'0 S1�7.`l +..:lL' <rf].�.dYl �. Oihar nuestions reccaliz.d as rertineat to th� intrestina�ian ��iic`: t'ae ch?r�inn r.arty is una:�le �o a�s::�r dur9;�q the in;,a',-:e inter- viera s'�nul? ra ai��2a to the c�arninq nzrty at the e�:1 of t'�e int�r�ti�t�r. T?�� charnin� �arty is as :ed to stc�rn the �ns�:•�ers �o Lhe � QtlCSt7475� :�!�2it S�OSS7C�2. 2f1Ci Y^t.Uill �^�P1 �� the local co^r!ISSID'1. T:^.� lncal cor^it`2e t•rill fnn:�ard tne cr.r��3flt�d ia`orr..�ien to �he P�nariment nf 'r,um�n [:ients r�r riaca�en± in the cese -Fiie. (2) ?'uliinl? c'��rnino nar±1�5 - l*7 9nstanc�s SL'UeYd�� ll]:i7V1i:li8�5 .•!iS:l i.0 P..?%? t�l�c 53:'�° co�plain� aaains� t�e sa�e r2s.^.ond2n�, tiave each fi7e a s°narate Du' �orr� '1 and aff9davit, even t3�ounn th4 � a��auae2 i s i:en �i ca7 . This ls done so ulat ih� ci�arce �orns of t�� r�- r.taiainc; �arties i�il3 re*.:ain in �ff�c� if on° party at sone lat�r date �fit:��ri.is t3ieir charn�. (3� Dat° sta�nino - Ct�arnps are tn !�e datfl-star,ned upo� re�?int to estahlis;� ti� f�rflCl?7 rec�rd of receiat. Date-stano the envel��e anJ b�ck of each naq�, b�9nn carefiul r,o* t� �loi ou� in�nrn;ation. Sta�].a the nnve7n�c to ::^ dncu*�ent in order to rr�serve a rtcord ef t5e �ate mailed. �..,� 6. . (�l) Pror.iptness in handlin�l - verified charges should be for:�tirdr.d to tfie Ucpartinent of Ilurian :?iryhts pror�ptl;� afLer the inta'r.e intervir.r has ur.en complet^d. Thc DeparCnent of Ilunan P.iyfits is rec{tiired by statute to no�ify th� respondent and other governmental a�encies (if a,^.plicable) by •certified �ail that a charge has been filed tiiithin five (5) days of receipt of the charge. (5) Fon•iarding of a charne to tha De�artnent of !:u+aan Riqhts - t� veriried cnarge and supportin!7 affi- ac�vits should be promptly for:!ard�d to the D�part- ment of flunan Rights for docl:eting and processing. Intake of Charge - :!rite in. l•lhen a charging �arty submits a+•rritten in;uiry to t!i2 lccal committee concerning ti•ihat is believed to be discriminatory treatment, and the incid�nt conplained of is in thz juris- diction of the Fridley Yuman �esources f.or^nittee/Landiord- Tenant program, the designated cor•�ittee rr.e^her(s) may re- Vietv the 4��ritten inquiry to determine if th? incident con- plained o� appears to fall :�rithin the jurisdiction of Chap- ter 363. If the practice complained of in the correspondence to the local corr,mittee appears to be :•rithin the jurisdiction of Chapter 363, the d2signated cor.riittee r.,?mber(s) should select the appropriate Cepartment �f Numan Rights form lettpr and issue-related affidavits that need to be co:~pleted by the charging party before a fon.,al cfiarge can be �iritten. This information along ;iith a�epartment of ;lunan :"-.iehts charge forn sl�ouid be mailed to the charging part>>:•.ith instruct�ons to promptly return the requested information to the designated committee nember(s). The charge form must be signed and notarized, and affidavits must be signed. The local cor,�ittee should retain the letter of inquiry in a temporary suspense file along i�fith a record of the affi- davits sent to the charging party until the requested inforna- tion is returned. � � -�es•v �' � ��. II Unon rccei�t of the sinn^d Der.artrent of il�.rr�an Rin,hts c'riarq� �ora and issuc-r?1��±��. affi:!avits f1'n�t.tlie char�inn nart�� t�� (iP.57Q'll�`,^d co:^.^ittaC merber(s) snoul:; •r, nnve t'�e let�r;r nf irnuiry `rn�^ the t^�horary sus�ense fil� anc! for.�ard tti2 toY�l rdCl;d�7C� Den�rt���nt nf i;u:�an P,inht5 C�1?1'�l(.' F7Y:^:.� affidaviLs, and lett^r of inquiry> to th� C'c?art���t o#' 1{ur�an Rie�hts fnr docl:etinn �Znd oroce:>sin^. � "�' � - 30-Day 4lai���r Anr�en�nt �`''`�`"`'� . � i�. a'v �� �.s a The 3C-d�.y '.931`J�1" aaree;^."1L lS d 7.1'OC2SS Ci�V@�OI�C'r� h`,/ t!1° Departm�nt of Hunan hir�,i�s i:� resnonse tn reou•�s*s :??/'—sz"? �J.7"?���Cyers_:�1'��•fi],Y:".�3t1`�2 fiC`.jP.il�-�lif1C.°.rs�for rl ',�Y!7C�CL''rn aihici; tiould enebl� ee?la'rors to �wevral.l-y resol�rc c'.�ar^es nf discririn�tion. T'ie .�i�-�d;/ �.'d�V;'1" a�reenent 1S ini:r,�!�� to ��'O�%7�P such atteinnts if the.cliar�inq party and a r2snnn:!�n� !:eliev2 t;iat tye,Y might bp successful. A charninq narty is eive» *_he ongor�unity �o D'cT'T1C17c�.t? in �,�e 30-day �•raiver ��ly at tEie tii-�e a cnarqe is fileG. If t^e c�ar�inq party signs the �jaiver a�r�er^ent *_!i? r2s�ond?nt is invi�e;l tn si�n at tlie tine the notice of c:�arnr is served. � The respondent itas ten (lOj �ays after receint of ti;e :•!aiv�r to Y'C�UI'It 'Cil� S1(tilet� anre°r'ent. :�;,en *.he 2nYf'P� °!1� 1S f�':Ul':1C� �0 ��7� Uepartner,t of Humdn Pini�ts� ��l° C(1^!!'1SS10:121'�S S1!�ildtUi"? 1S ii.�uC%l:.�i as � third nart,� to the anr�ereat. T.i� ter�s of t%.° agr��^°nt are; (1) 7he D�nartr�ent t�ri.11 nnt benin an investinatio7 in the r^atter for tEii rty (3i'j days. (2) During t'iis 3�-Cay n�riod, t5� c!�araing narty �and r?s�ondent may na1:° anY efforts that ±i�:y desire in order to r�ac'i a rropns�d settle^ent of the charre of discri+�,inaiion. (3} Any settle;�ent or agr�e!�ent cnncr_rninc or relate� to the subjact matter in the charne is not bir,ding upon the c!�ar�inn part,y or tiie rPsron��nt unl�ss it is also sign^d by i'ie Cor.jriission�r oF Huc:an ?i���ts. ��� (G} Th^ a�lrce�ent fl•lV J^ Cd7C^��:?i dt �lllf tin2 f�y an.Y par*_y by se��;inn �:!ri tten notice to all n�her n��rti^s. (�) Ent�rinn t'.ir 3�-da�i �•�aiver ar,reenent dn�s not const�itute an ad�!ission bv the resnnndent of a violation o` the '',inneso�a Nu:�an ;'?i nht5 A.ct. If the resnondent doas not fe21 that th� �•rai��er anr�e- ment is an annro?riate 4ia,y to resolv? tne na�t�r, tf?e charne of discri�ination is r�ferre� to *h� Enf�rcar.:ent p1Y1510� Of �i7C �ehart�e:tt .for lI1V�it1Q��10�. III. S2curit�� and f.onfid�ntiality of ?acor:!s It is un<lerstood that all in`ownation, c'ocu�an*s, a�d records of testimony col7ected durino an inv^stir,ation under this ar.r?eP:er,t are the nrnnerty of the Cepartr..eat of.Huran pi�h,s and are hriv?t� as snecified under the data orivacy act. IU. Jurisdictinn of Charqe Under �'riis aqreei^.2nt a char�e r�av not 5� ,jointly fi1ec� ,•rith the ` local cor�ntssion and the De�artM�nt of Nunan R.i�nts. The local corneiission rer�:�ers shall er.nlai7 to a charain9 narty his/her o�tion to file 1•ritn the local cor�nission or r!i;:h the D?nart�:ent af H�Man Ri nh ts . • Althouoh t�e ;iinnesotz Statutes, C',�a?t�r 3F3.11F, st�tes t4�at a local conmission ray r�fer a ratter under its jurisdiction to tl:e Comr�issioner it alsc� s:ates clearl,y t'iat the actual filinq of a charne aritti a local conmission nrecludes th2 ontion of filina the sa:^�e charr.e rritii another co^riission. � < V, 5urnlicr! Pr�+ii:led tn Loczl !i�.ir.�,7 f?i�'�ts C.o�issions ��. The Statc Da_!�artnent of ;lu�^ar !?in;tits �nitl orovi'? rhe fridlcy liu��aii (',esnurces Cor.r!i �tec/L�ndlnr�i-Tenant ^rnnra^� t•rith d�nart���nt sunalies needrd to earry ou� tnis eolla�orativ2 a!ireamen t. A, Supnlies grovided hy State D�nartsr.ant of 'rfuran �i�hts: (1) Depart�ent o` k{ur,an °ig�i*s Charne forr;s . (2j Cepartnent nf liu�an ?iniits Affidavits :;1 and .°2 (3) ltnnronriat� De�art�ent of t;u�^an Ria!-,ts Forn Letter( s ) (�i) 30-day :�!aiv�r "ere�r:ents (5) Standard forn Pre-cnnciliation P,gree�tien�;s YI. Termination of F.areenent This aqree!�ent 7ay be �err;inated bv eith�r the co�nittee of the Qet?artnent of Nurian nights on t'iirty (��} da,ys nntice. This t4emorandum supersedes all others prior to this date. Approved hy Fridley Human Rights Commission Approved by the Minnesota Departrnent of Human rights Dated City Council City of Frid ey Mayor. City of Fridley Fridley f�uman Resources Commission Dated t liam L. 4:i son, Conm�7ss�oner, Departnent ' of fiuman Ri�hts � � ,��, COMMUNITY DEVELOI'MENT COMMISSI�I MEETING JUNE 13, 1978 MEMBERS PRESENT: LeRoy Oquist, Connie Modig, Herman Bergmaa, A1 Gabel, Kenneth Vos MEMBBRS ABSENT: None OTFIERS PRESENT: Jeff Christenson, Planning Department CALL TO ORDSR: Chairperson Oquist called the meeting to order at 7:32 p.m. APPROVAL OF MAY 9 1978 COMMUNITY DEVELOPMENT COI�II-ff55ZON MINU7.'ES: MOTION by Connie Modig, seconded by A1 Gabel, to approve the May 9, 1978, Community Development Co�ission minutes as written. Bpon a voice vote, all voting aye, the motion carried unanimously. _ CONTINUED: DISCUSSION OF ITEMS TO BE INCLWED ON COMMISSION AGENDAS: Mr. Oquist stated that the three items referred to in the last meeting's minutes, the Land Use Plan, the Transportation Plan, and the Lritical Areas Plan, were not available for Co�nission review. He felt it was important that the Coomission continue to meet regularly, even though there was not much on the agenda. Mr. Christenson atated he would bring the Commission up to date on some of the items requested. He stated the Critical Areas Plan would be included in the Land Use Plan, so that was the reason the Critical Areas Plan was beiug held up. The Land Use Plan was 9CP/o completed, except for the portion on special zoning districts. Mr. Boardman was revising the zoning code and would be putting forth a proposal for the revision. Mr. Christenson stated he had started on the Transportation Plan two weeks ago, and he hoped that the Coum�ission would have something to review at the next monCh's meeting. He stated he could not be certain, though, at this time. He stated that the Transportation Plan was more or less defini�g and delineating Fridley's major arterials, traffic flows, future traffic volumes, talking about public transit, expanded M.T.C. service, possible para[ransit systems. They were waiting for the MNDOT State Transportation Plan. I�P]DOT had completed two phases of that plan and the third phase was the implementation phase, and that would be coming out at the end of the month. ;, _. � C6MMUNITY DEVELOPMENT COl�t[SSZON MEETING JUNE 13 1978 - PAGE 2 Mr. Christenson stated he was working with the Parks & Recreation Depart- ment on a LAWCON application for the Sears property as a community playfield. He believed the Sewer Plan had been approved and adopted, and surveys were being done on the Neighborhood Park Designs. Mr. Oquist stated he would like to recommend again that whenever the Commissioners felt there was anything they would like placed on the agenda to give him or Mr. Christenson a call. Mr, Bergman stated he felt there was some conflict, or confusion on his part, regarding the Community Development agenda. Staff seemed to feel that the Commission should be taking the position of generating its own workload for the agenda, determining the subject matter for pursuance, etc. But, he felt the cammunity development subject was so broad that they could be running in all directions and not know whether they were on track with anything. He stated, though, that he really did not have an answer,to this problem. Ms, Modig stated that when Mr. Boardman was talking about the Commissioners generaCing their own agenda, he was also talking about research time, etc.; and sometimes the Commissioners just did not have that time available. 07.'FiER BUSINESS: Mr. Oquist asked if there was anything else the Commissioners would like to discuss. Ms. Modig stated there was something she would like to know, She stated that at City Council meetings; there were many requests for variances and things in the industrial areas for cammercial-type businesses. She suggested that maybe the Co�issioners should have a map of the industrial lands, because she would like to know where this undeveloped industrial land was in the City of Fridley. Fridley was running out of land, and people kept requesting variances for various things in the industrial areas. She would like to know if there were other places available for some o£ these things. Mr. Oquist stated that he thought there was a lot of undeveloped land, and there was talk of possibly rezoning some of the industrial land to be used for other things. Fridley was higher than average in the ratio between industrial and residential than probably most communities. Mr. Christenson stated a map was done of the undeveloped property two months ago for the Land Use Plan. He stated he would get copies of this map to the Commission members. Mr. Bergman stated that the Planning Commission was talking about estahlish- ing a City of Fridley energy policy, and maybe the Commission might want to discuss this. .. �-_� COMM[TNITY DEVELOPMENT C(k�fISSION MEETING, JUNE 13, 1978 - PAGE 3 Mr. Oquist staCed that the Planning Commission had been Calking about an energy policy for a cougle of 'sessians, and there would be a subcoaanittee established, reporting to Planning Commission, to establish an energy policy foz Fridley. AC this time, they were talking about establishing the goals and objectives tor the cou�ittee and deciding the kinds of peogle they wanted to be on the co�ittee. He thought that once the policy was established, it would be handed down to the conmissions for review. Mr. Oquist stated that, regarding the Bikeway/Walkway System, since the Bikeway/Walkway Project Committee had been dissolved, the Co�ission had agreed to continue monitoring any problems that might come up regarding the system. He asked Mr. Christenson that if any thiags were coming through the city office from the citizens regarding the Bikeway/Walkway System, to pass these down to Che Commission. Mr. Oquist stated that, also, Mr. Christenson had attended a public hearing on May 11, 1978, on the "Energy Policy and Conservation Report, 1978," put on by the Minnesota Energy Agency. Mr. Christenson had written Mr. Oquist a letter dated May 15, 1978, regarding the pnblic hearing. MOTION by Connie Modig, seconded by Herman Bergman, to receive the letCer dated May 15, 1978, fros Mr. Jeff Christenson to Mr. LeRoy Oquist regarding the public hearing on "Energy Policy and Conservation Report, 1978". qpon a voice vote, all voting aye, the motion carried unanimously. Mr. Bergman suggested that this letter also be given to the Planning Commission for possible help in establishing goals and objectives for the Energy Co�ittee. Mr. Oquist agreed that this was a good idea. Mr. Christenson stated that [he.public hearing was held at the GovernmenE Center in the Twin Cities area. Total participation was approximately 100 people, most of whom were from private companies which dealt with fuel oil, and some private citizens. The primary concern voiced __ was citizen participation. This had not been covered to any great extent in the plan, and thaC was the primaxy consideration of those who voiced oginions. The slide presentation was interesting, hut was something he was sure the Co�issioners had all seen and heard before--dwindling energy resources and a need to go to altemative sources. He stated that the letter covered the rest of the highlights of the public hearing. Ms. Modig asked if the State had an energy plan at this time. Mr. Christenson stated that the State had an energy plan, but he believed it was up for review again at the next seasion. At the public hearing, another point discussed by the people was how legislation did not geC down to reality; it was not put forth; it was not implemented. The people showed dissatisfaction with the legislators that were at the hearing. � �� COMM[INITY DEVELOPMENT COtR�QSSION MEETING JUNE 13 1978 PAGE 4 Mr. Oquist stated that at the next PLanning Cownission meeting, they were going to try to have someone come from the Energy Co�ission at the state level who wes familiar with helping communities establish energy co�ittees, possibly giving some guidelines the Planning Co�nission could follow. He stated the energy coum�ittee would consist of a11 citizens, and they hoped to get some technical people involved. ADJOURNMENT: MOTION by Connie Modig, seconded by A1 Gabel, to adjourn the meeting at 8:15 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully subm [ted, � Ly Saba Aecording Secretary . -� r CITY OF FRIDLEY APPEALS COMMISSION MEETING — JUNE 27, 1978 CALL TO O�DER: Chairperson Schnabel called the June 27, 1978, Appeals Commission meeting to order ai 7:3d P.M• ROLL EALL� Members Present: Members Absent: Others Present: Plemel, Schnabel, Gabel, Barna Kemper Ron Holden, Building Inspector APPROVE APPEALS COMMISSION MINUTES: dUNE 13, 1978 MOTION by Mr� Plemel, seconded by Ms• Gabel, to approve the Appeals Commission minutes of June 13, 1978• Upon a voice vote, all voting aye, the motion cai^ried unanimously• 1� REQUEST FOR VARIANCE OF SAME ❑G11VV tu lU UIVLYCI\JSt I HVL�VVC IVC1 ! 1\].LLi..I T InV• REQUEST BY RICK FONSWORTH, 76�0 57th AVENUE NQRTH, SUITE 106, CRYSTAL SQUARE BUILDTNG, CRYSTAL, MN 55428�} MOTION by Ms• Gabel, seconded by Mr• Barna, to open the Public Hearing• Upon a voice vote, all voting ayea the motion carried unanimously• The public hearing was npened at 7:41 P•M- ADMINISTftATIVE STAFF REPORT A. PUBLIC PURPOSE SERVED BY REQUIREPIENT: Section 214•045,8�2, limiting free standing signs to 8� square feet in area per developrnent• public purpose served is to control visual pollution and excessive use of signs in commercial areas• B• STATED HARDSHTP� Reader board is necessary for store operations in advertising daily specials and for store announcements• The reader board has changeable letters and is consistant with similar store operations and with other signs in the area� APPEALS COMMISSION MEETING — JUNE c7, 1978 Pa9e 2 C• ADMINISTRATIVE STAFF REVIEW: The sign plan submitted shows that a 91•5 square foot sign is existing on the double pylon• The addition of a 24 square foot reader board would increase the total to 115•5 square feet• The building mansard roof has two signs now� It is difficult for staff to determine the real ^Mardship^ at this writing• Mr• Jerry Paschke of Judy's Restaurant was at the meeting• Ms• Gabel wanted to know why the existing sign was 91•5 square feet when the code had an 80 square foot restriction on the sign• Mr� Holden said that the sign went in before the new Sign Code had been adopted� Mr� Paschke said that they wanted to put a reader-board under the existing sign on the pylon• He said that the sign was already made up; they needed approval, however, to display it• Chairperson Schnabel wanted to know what the new sign would be used for• Mr• Paschke said that it would be to advertise specials that the restaurant would be having• He felt it was necessary to help draw clientele into the restaurant• Chairperson Schnabel wanted to know how often the reader board wou2d be changed• Mr• Paschke said that it would probably be changed weekly• Mr• Holden explained that the sign being requested was a manual, changeable copy sign• Chairperson Schnabel said that accordinq to the new Sign Code Mr� Paschke would be allowed to use one free standing sign per street frontage and one roof sign {the use of a roof sign would substitute for the permitted free standing sign along .the streei frontage that it faces}• She said that the Commission wouid have to make their recommendatioros based on the current Sign Ordinance• Chairperson Schnabel wanted to know how the si9n was constructed and the color• Mr• Paschke said that the sign would be white with black letters• He said that it was basically made of plastic with metal frame• APPEALS C�MMTSSI�N t�1EETIPIG - JIINL 27, 1 q78 Page 3 Chairperson Schnabel wanied to knovr what vras meant by "simi3ar store operations�'. She asked if Judy�s was a chain restaurani. Mr. Paschke said that it tivas a��chain�� restaurant. He said the one ut 7$90 University Avenue NE tvas the first in Minnesota. Chairperson Schnabel asked if the other areas had the reader boards similar to what vras being requested. Mr. Paschke said that it eaas a design that was used by all the Judy Restaura.nts. He said that the "main�� company-supplied all the signs to the resi:aurants. Chairperson Schnabel stated that she felt there was adequate signage presently existing on Judy Restaurani. MOTION by Ms, Gabel, seconded by 4hr. Barna: to close the Public Heaxing. Upon a voice vote� all voting aye� the motion carried unanimously. The Public Hearing was closed at 7:58 P.M. Mr. Plemel said that he could understand the fact that the petitioner vranted as much e�posure as possib].e. However, he feit tha� since the City oY Fridley had a Sign Ordinances it should be adhered to. He felt that the re�tanrant had adequate signage. � Mr. Barna agreed that there was adeguate signage. Ms. Gabe1 felt that the hardship tvas vague and the restaurant had adequate signage. She felt that the reader board �vould not make or break the business of Judy's Restaura.�t. MOTTON by Mr. Barna, secanded by Ms. Gabel� that the Appeals Gommission recommend denial of the request for variance of the Fridley City Code, section 214.o45,s,2, to exceed the maximum square footage of a free standing sign in C-2 zoning (General Business areas) irom 80 square feet to 115.5 square feei� to all ihe installatian of a six foot by four foot reader board under an existing ten foot by nine foot pylon sign� for Judy's Restaurant, located on Lot 1, Block 1, East Ranch Estates Second Addition, the same being 7890 University Avenue NE, Fridleyy MN because the esisting sign already exceeded the $0 square feet even though it was an t'already existing" sign and there didn't appear to be a definite need for the additional signage, UPON A VOICE VOTE� all voting aye� the mation carried unanimausly, AI'PEALS COt�IMISSION MPP:,TING - JUNE 27, 1978 Pa�e 4 2. INC.� 25 UNIVERSITY AVE2dUE S�� MINNEAPOLTS� MN 554�4.) P40TION by Mr. Plemel� seconded bg Mr. Barna? IIpon a voice vote� aIl voting ayet the motion The F+ubl.ic Hearing Svas opened at ti; 03 P;M, to open the Public Hearing. carried unanimousls. Mr. Elliott Saliterman �vas present at ihe meeting. A, � ADMIIVISTRATIVE STAFF REI'tiRT PUBLIC PURPQSE SERVED BY REQUTR�'IENT: Section 205.103�1��A�2� requiring an 80 foot setback £or the main structure to any public right af way in C-1S or C-2S Zoning District. Public purpose served by this require8ent is to provide for adequate parl�ing and cpen landscaped area as well as to avoid congestion and provide adequate site clearances in commercial areas. STATED HARDSHTP: 4Ye propose to add 5,000 square feet to the exisiing Country C2ub Market. The adda.tion �vi21 be �0� x 125�. Most of the addition will be in compliance r�ith existing setback requirements. 1Ve request a variance for the portiott shaded in red on the attached diagram. C, ADMINISTR9TIVE 3TAFF REPOR'I': The Country Glub Markei is 70.5 feet from the public right-of-vraq on its Southrtesi corner. With the code requirement o£ an $0� setback� it is already a non-conforming use, If a 40� x 125� addition is put on, ii will be 30 feet from the building to ihe right-of-c^ray. It is strong3y suggested that the t�drivetivaytT shativn on the original dra�ving be deleted to avoid visual pollution and traffic congestion at both CJest side entrances. The exisiing pylon sign paste �vould have to be removed. Please note that the petitioner�s dralving is in error by about 25 feet, The building will not be 58 feet� but 30 feet� from the servioe road; APPFALS COP2MT5SION t�IPi'�ING - Jt12dr 22, 1978 Pa�e 5 Mr. Holden said that the existing Country Club Market� at the closest point to the service drirei cias 70.5 feet. He said that tivith the proposed addition the closest noint to �he service drive would be approximately 30 feet. He.said ±hat there s•�as a r�ater line that looped axound the building. He said that there vras also a fire hydrant connection that vrould have to be moved. Mr. 5aliterman had a survey of the entire shopping center. It ti�as an original survey and there �ras some discrepancies involving the point of ineasurement from the store to the service drive. It v�as assumed that the discrepancy vras the fact that the service drive had been improved and eaidened since the survey had been made. Mr. Holden asked that a verifying survey be submitted to City Hall. Mr. Saliterman agreed to have an updated survey made. Chairperson Schnabel asked if the area betti^�een the building and t�e s�rvice road vrould be blacktoppe3 or green landscaped area. Mr. 5aliterman said that he would agree to do whatever the City wanted him to do� Mr. Saliterman commented thai he would prefer to keep the drivearay as indicated since iz �vas a designated fire Zane. � Ms. Gabel asked about the egisting pylon s�gn. Mr. Saliterman said that the issue had i�een continued by City Council. Ae said that it v�as planned ai that time to take the pylon sign poles dot�n and the nei�r restaurant would add their sign io the already existing ��Shorev,rood Plaza" sign. Mr. John Bergstrom of 1086-63rd Avenue NE wanted io knotis� the distance that wou].d be beti�een the loading area of the proposed store and the fence that existed between the shopping center and his rear yard� Mr. Holden said that there would be approximately 50 feet. Mr. Bergstrom said that it concerned him because presently trucks were knocking the fence over. He said that his fence was do�rn at that time because a truck had knocked it over the previous night. He said that there rea].ly wouldn't be room for a 40 foot truck to turn around. He suggested that they make the rear loading area a one-way roadway. Mr. Saliterman said that he ti��ould try to do anything that tivould make it easy for the trucks io do their unloading and to alleviate any problems for the adjacent neighbors. .,..,,..,,. :.�,,�narccrnu rrtrrmTr7r, � .TiiNR 27. 1978 _ Mr. Bergstrom pointed out that the fence did not belong.to him. FIe said that it vras in need of updating and he felt that the Shopping Center should take care of it. IIe felt that possibly the posts could be put in the ground deeper so that it ��JOUld not fall oner so easily. He also i�rould like to see the fence made higher, Chairperson Schnabel asked iY it would help Mr. Bergstrom�s situation if the rear area of the.shopping center ��ere made one way. Mr. Bergstrom said that he felt it would help greatly. Chairperson Schnabel asked Mr. Ber�strom �vho he notified when he had problems tiarith the fence. Mr. Bergstrom said that he al«ays tried to notify the owner of the shopping center� bui he indicated that it �*ras virtually impossible to actually contact him. Mr. Saliterman indicated that they tivere almos-t alvrays in the office in the morning. He said that they had experienced problems irith their present ansrrering service as far as messa�e relaying. He apologized for the trouble the Bergstrom�s had 3_n contactin� him. Chairperson 5chnabel asked tivhy Country Club e�anted the additional 5,000 square feet. Mr. Saliterman said that Country Club told him that they felt the addiiional 5�00� square feet of seliing space e�ras needed. He said that the store �vas cramped. Ae had a set of dracaings r�ith him shovring the proposed CountrJ Club Mark.et. The Appeals Commission members ��ere impressed rJith the plans. Mr. Bergstrom agreed that Country Club did need more space. He just didn�t want the store to get any closer to his property. Chairperson Schnabel a.sked if the existing Shorevrood Plaza sign would remain after the proposed shopping center improvements. Mr. Saliterman said that it tivould remain but that he had agreed to reduce the sign area to comply with the existing Sign Ordinance tvithin five years. Mr. Holden pointed out that Staff did not �vant to allol� any parking on the l9est side of the Country Club Market. He said that rir. Saliterman should make sure that a landscaping plan �vas submitted to City Hall. He said that the 1Yest side of the building should be green� landscaped area. APPEP.LS COMMISSZOrr t�iPls'TZNG - JUiIF 2_7, 19']u Pat*,,e 7 Ms. Gabel said that some arran�ements should be made sc that �he Bergstrom�s fence eaas repaired so that they ivouldn�t have to look at the rear of the shopping center. She felt tnat they shouldn't have to wait until the entire shopping center uras updated at a later date. Mr. Saliterman said that it r�as the first he had heard that the fence ti�Jas down. He apologized for the problem. Mrs. Bergstrom said that the trucks really did cause the problem. She didn�t feel that they intentionally knocked the fence dovan but it did happen and did cause problems for them� Chairperson Schnabel indicated that it had been established that the rear qard setbacks ti�ould be rrithin Codes. She said that the entire West side vrall did not meet the required 80 foot setback. MOTION by t�r. Barna� seconded by Ms. Gabel� to close the Public Hearing. Upon a voice vote� all voting aye� the motion carried unanimously. The Public Hearing tivas closed at 8:56 P,M, Mr. Barna asked if there crould be any safety problems or site encroachments ivith the ne�v addition to the Country Club Market. Mr. Aolden said that by using lo�-r 1�idscaping on the Pdest side of the building� there vrould be no site encroachments or traffic safety problems. He said there �vould be approxinately 35 feet from the vision point of a car to the sexvice road. MOTION by Ms. Gabel� seconded by Mr. Barna� that the Appeals Commission recomnend approval of the reques� for variance of the Fridley Gity Code� Section 205.103�t� (A�2) �o reduce the distance from any public right of r�ay of a structure in C-2S zoning (General Shopping areas) from the required 80 feet to 30 feet� to allot� a 40� x 125� addition to the Country Club Market in the Shorecrood Shopping Center� located on that part of Government Lots 1 and 2, being a part of the south�vest quarter of Section 30� T-30� R-24� lying east of a line dravm 20 feet east of the easterly line of state highrray �65, as the same is nor� laid out and constructed� and south of the south line of Moore Lake Highland 3rd Addition, the same extended easterly, the same being 6225 iIigh�ray #65 NE� Fridle,y� MN� tvith the following stipulations: 1� The traffic behind the building possibly being set up as one-way traffic but should be �vorked out r�ith the Enoineering Department as well as checking into the drivei�ray that goes to the Liquor Store from the Shopping Center tvith the possibility of closing that drive-tiray off. 2) Pylons be removed from the Northwest corner of the Shopping Center. APYPALS COMMISSION MEETING - JUNP 27, 1978 Pa�e 8 3) No parking on the l9est side of the building and converting it to a landscaped area 4) An overall landscapin� plan be submitted to the Plannin� Department. 5) That something is done to fix the fence existing betvreen the shoppin� center and the adjacent residences so that the fence is in more stable condition. 6) That the Country Club sign comply �vith the overall shopping center plan. 7) That an updated veri£ying survey be submitted to City Aall. UPON A UOICE VOTE� all voting aye� the motion carried unanimously. 3. OTHER BUSITIESS Chairperson Schnabel said that at a previous Planning Commission a ne��r plat ti��as proposed. She said that five foot easements were sholm on all four sides of the lot. She �vanted to kno�� e�hy such easenents tivere required and when that Ordinace came into being. Mr. Holden said that he would check into the matter for Ms. Schnabel. ADJOIIRPiMENT ' MOTION by Mr. Plemelt seconded by Mr. Barna, to adjourn the Jutte 27� 1978� Appeals Commission meeting,, IIpon a voice note� all voting aye� the meeting wxas adjourned at g:T7 P.M. Respectfully submitted� � ` MaryL e Carhill Recording Secretary PARKS & RECREATION COMMISSION MEETING JUNE 19, 1978 MEi�ffiERS.PRESENT: Bob Peterson, Leonard Moore, Jan Seeger, Betty Mech MMti:MBERS ABSENT: OTiiERS PRESENT: CALL TO �RDER: Robin Suhrbier - Charles Boudreau, Parks`& Recreation Director Chairperson Yeterson called the meeting to order at 7:45 p.m. APPROVAL OF MAY 22 1978, PARKS & RECREATION COI�ff5SI0N MINUTES: MOTION by Jan Seeger, seconded by Leonard Moore, to approve the May.22, 1978, Parks & Recreation Commission minutes as wriCten. Upon a voice vote, all voting aye, the motion carried unanimously. APPROVAL OF AGENDA: Ms. Seeger added the following item as Item B under "New Business": "Backyard Wilderuess Pzogram" MOTION by Leoaard Moore, with the above addition. carried unanimously. I. DIRECTOR'S REPORT: A. Lion's Club Bus seconded by Jan Seeger, to approve the agenda Upon a voice vote, all voting aye, the motion Mr. Boudreau stated that some time ago, it was mentioned that there was the possibility of again receiving the hus Chat three yeaxs ago was given by the Lion's Club to Anoka County, because the city had refused it at that time, The bus was capable of tie-downs for handicapped plus seating for regular p9ssengers. Anoka County had kept the bus at the Springlake Park Bus Company and rented it out for $6Jhour. Mr. Boudreau stated that he had a lot of uses for such a vehicle. He stated the Lion's Club had agreed to underwrite the insurance on the bus at $1,200 pex year and had written the County some time ago requesting PARKS & RECREATION CONQIISSION MEETING JUNE 19 1978 - PAGE 2 that the bus be releasecl Mr. Boudreau hoped to have the bus by the next week. He was looking not only at the use they would receive from the bus, but also the feasibility of using such a vehicle. The driver would cost approximately $3.50-4.00/hour. Operating costs would run samewhere around 40 cents a mile. They contemplated around 6-8,000 miles a year on the bus. Right now their bill for bus rental ran in excess of $4,000 a year. With the insurance paid for and monies received (fees), he thought that they ought to be able to operate the bus at a minimal cost and have it on hand whenever it was needed. He felt it would be a good addition to the senior citizen programs (and for a Congregate Dining program if aae was started in Fridley). He stated they had come up with 35-40 possible uses for the bus that would be money saving uses. One was a bus route set upduring the winter months to the general skating areas. With the senior citizen complex and government subsidized housing going in, maybe some transportation would be needed to coincide with those facilities. Mr. Boudreau stated that if City Coancil approved it that evening, the City Manager planned to write a letter to the County the following day requesting the bus for use by the city. B. Tour of Parks - June 22nd (6:00 - 9:30 p.m.) Mr. Boudreau stated that, once again with budget meetings coming up with City Council, he had set up a tour for Thursday evening, June 22. Hope- fully, the Commission members could attend. This year, they were planning on looking at some of the things that were going on that the Commission members had been hearing about, such as the clearing at Locke Park, nursery development, community garden plots, a stop at the A-frame, and to see the north and ncxthwest parks, such as Benjamin-Briardale,and some that surrounded the outside area. He would try to point out some of the areas they considered to be real problem areas and what could be done for those areas. Riversedge Way and Riverview Heights were two examples. These areas were always talked about, but no solutions ever came forth. Maybe a live visitation to really see them first-hand would help in deciding what to do with these areas. C, Budget Meeting with City Council - June 26,_1978 Mr. Boudreau stated he was going before City Council on June 26th with the budget request. Ae was hoping to point out to City Council some of the things Parks & Recreation had accomplished during the year 1977, what they had built the program from on the base that they inherited in July 1976 until now, and where they saw the program and the whole departmental goals for the future. He hoped to show slides of past activities, share financial data with them, and the biggest.improve- ment he would try to share was the complete rearrangement cf all the program budget headings. PARKS � RECREATTON CONINIISSION MEETIP:G SUNE 19 1978 - PAGE 3 D. Reorganization of Department and Programs; Mr. Boudreau stated that they were doing a complete rearrangement of all the program budget headings. He stated that, as opposed to having football, baseball, and softball as separate programs, they hoped to go a little broader by having them in one program called, "Athletics and Sports". It gave a bigger look at a total program as opposed to an activity. They were trying to combine all of their programs into eight various headings that would give them the information they needed to use the Economic Equivalency Index (discussed at the February 27, 1978, Coumiission meeting) to try to break down where the money was spent. Along with the recreation programs, they hoped to change the maintenance program headings from Areas 1, 2, 3, 4, 5, and 6 to the headings of "Buildings and Structures","Grounds and Turf", and "Landscape and Trees", etc. There were eight' programs involved in the maintenance area. Mr. Boudreau stated they were looking at a refinement of what they already had, and he thought it would be a step forward. By getting acaay from the designated maintenance areas and going city-wide with a total system (they had been on this system for a year and one-half), he thought the employees enjoyed the variety of worlc they were doing and had a pride in what they were doing. Mr. Boudreau stated there was the third division of the Parks & Recreation Department, and that was the Naturalist Divi.sion. That would be broken down into programs also. He stated they hoped to present this to the Ci.ty Council. E. Program Report - Jack Kirk: Mr. Boudreau stated that Mr. Kirk could not attend the meeting that evening. Mr. Boudreau stated the su�er program was well under way. There had been one problem and that was that they had not planned a program at Gardena School, because they had been told that the school olas to be sold to H. B. Fuller Company for offices. There had been many ca11s that day, so they had decided to start a playground program at the school. Mr. Boudreau stated that softball was continuing. They were about halfway through the season with only minimal complaints. They only had one night of make-up games to do. No one seemed to miss the second ball diamond they had removed from Locke Park. The biggest problem with softball was the parking at Commons. There was just not enough parking space, and he really sympathized with the people who lived around that park. Mr. Boudreau stated that during the 49'ers Week, they would be offering a teen dance on Friday night at Moore Lake parking lot from 7:00-10:00 p.m. They would haye five police officers and about 30 chaperones at the dance. II. NEW BUSINESS• A. Request for Fence Cost - Share - Raren A. Kirk: Mr. Boudreau stated that Ms. Kirk had telephoned and [hen written a letler dated June 12, 1978, stating that one side of her property bordered the PARKS & RECREATION CdPASISSION MEETING JUNE 19 1978 - PAGE 4 Briardale Park now being constructed. She was having trouble with the young adults destroying her property. She was hoping that the City of Fridley would share in the expense of a four-foot cyclone fence on her property line bordering the park. Mr. Peterson stated that since it was commission policy that the city share the cost of a four-foot cyclone fence with anyone whose property bordered the park, Mr. Boudreau could go ahead with this action and no motion was needed. Mr. Boudreau stated he would inform Ms. Kirk that the eity would be happy to share the cost of the four-foot cyclone fence. B. Backyard Wildemess Program: Ms. Seeger stated that the Natimal Wildlife Federation had a program called, "Invite Wildlife to your Back Yard." The program went in stages. People were to send in a description of their yard and what was in their yard, and the National Wildlife Federation would send them back a plan on how people could encourage wildlife into their yard in stages one through three, which told them what they should have and what animals existed in their area. The whole program was to encourage wildlife within the city. Whoever complied with the plan and got a11 the information could then become certified. Ms. Seeger stated that the only thing missing was that not everyone could understand and identify the existing plants they already had. There would have to be some help in some of these areas, it did not necessarily mean that a person had to have a large yard to do this, it could be done with only a planter in a window box. A great deal of people did not understand how to make their yards more interesting to birds than other people's yards. She stated that if they did have this kind of interest within the city, it would be interesting to promote it as a park-kind of thing. They had a naturalist on duty who could identify existing plants for individuals so they could send in entire mappings of their yards to the Idational Wildlife Federation. It would get people better acquainted with what was around them. Ms. Mech suggested that it be run as a class in the Parks & Recreation program. Mr. Peterson suggested that maybe Mr. Boudreau should put a notice in the Parks & Recreation column in the Sun to pr�ote this and see if there was enough interest to run the program. Mr. Boudreau sta[ed he thought they should just go ahead and offer the ' program, He was thinking of an in-house person who could be called to go out to a person's house. • PARKS & RECREATION COMMISSION MEETTNG, JUNE 19, 1978 - PAGE S Ms, Mech stated she thought it should he run as a program for three or more nights. People could bring in rough sketched plans of their yards, maybe bringing pictures or samples. She suggested that before they went into the program, they shouLd first have a class meeting and have Mr. Siah St. Clair present a slide show. Mr. Boudreau stated he would give this information to Mr. Kirk and advise him to prepare a program for the JanuaryJFebruary/March spring program. III, OLD BUSINESS: ,A. Set. Sprungman - Locke Park Liquor Ordinance; Mz. BoudYeau stated that Sgt. Sprungman had planned on being at the meeting, but something must have prevented him from doing so. Mr. Boudreau stated he could not speak for Sgt. Sprungman, but he could read to the Commission Ordinance No. 618, Section 2: 508.21 Alcoholic Beverage It shall be unlawful for any person to have in his possession or to consume any intoxicating liquor or nonintoxicating liquor in or upon any City, County or other public park, parkway or bathing beach with- in the City except as provided in subdivision 1, 2, and 3 below: Subd. 1 Notwithstanding laws to the contrary, possession and consumption of malt liquor is permitted in Locke Park. Subd. 2 The City Council may grant permission to consume non- ineoxicating malt liquor in City, County or other public parks to neighborhood groups. Subd. 3 Notwithstanding any laws to the contrary, upon approval of the City Council, and issuance of a permit, a club or charitable religious or nonprofit public or private " organization may sell and allow buyers to consume non- inCoxicating malt Liquor in the Commons Park. PASSED AND ADOPTED BY THE CITY COUNCIL OF FRIDLEY THiS 26TH DAY OF JilLY, 1976. Mr, Peterson stated that the Coumission should wait to geC St. Sprungman's and Mr. Boudreau's thinking on this and then work on a special ordinance for next spring to help the police with their problem. Mr. Boudreau stated he would like to have Sgt. Sprungman present his ideas before proceeding any further. Mr. Peterson stated that this item should be continued at the Tuly meeting. PARKS & RECREATION COMMISSION MEETING JUNE 19 1978 - PAGE 6 ADJOURNMENT : MOTION by Jan Seeger, seconded by Leonard Moore, to adjourn the meeting at 9:00 p.m. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully subm tted, �X./ " Ly Saba Recording Secretary FRIDLEY ENVIROn'NIGNTAL COMMISSION MEETING JUNE 20, 1978 MEMBERS PRESENT: James Langenfeid, Bruce Peterson, Lee Ann Sporre, David Sabistina, Connie Metc�lf MEMBERS ABSENT: None OTHERS PRESENT: Ray Leek, Planning Aide CALL TO ORDER: Chairperson Langenfeld called the meeting to order at 7s50 p.m. (iPPROVAL OF MAY 16, 1978, ENVIRONMENT�I. COiR4ISSI0N MINU'iBS: MOTION by Lee Ann Sporre, seconded by Bruce Peterson; to approve the May 16, 1978, Enviroamental Commission minutes as written. Upoci a voice vote, all voting aye, the motion carried unanimously. APPROVAL OF AGENDA: The following ttems were added to the Agenda: REPORT ON ENVIRONMENTAI. WALKING TOUR OF RUN-OFF SITES - Item 1 AIRPORT LTAISON - Item A under No. 7, "Other Business" MOTION by Bruce Peterson, seconded by Lee Ann Sporre, to approve the agenda as amended. Upon a voice vote, all voting aye, the motion carried unanimously. 1. REPORT ON ENVIRONMENTAL WALKING TOUR OF RUN-OFF SITES: Mr. Langenfeld stated that he would like Ms. Sporre to present to the Commission members who had not been able to go on the tour the exact streets involved in the walking tour. Ms. Sporre stated that at the last EnvironmenCal Commission meeting, there was the concern expressed about storm water run-off which was brought up under "Non-Point Source Pollution." She had stated that there caere examples in Fridley that were as negligent of adequate planning as many of the examples shown in the slides. She had then asked for Che opportunity to take the members on a field trip of tliese areas. FIfIDI;EY ENVIRONI�IQTAL CONII�lI3SI0N t�ETIhG, .7Ut1L 20, 1975 _- PAGE 2 Mc. Sporze stated that they began their walking tour at the House o£ Lord's, which was roughly'at the intersection of Univexsi�y Ave. and 83rd,and they reviewed the siL'e for the amount of flood water, storm water, and retention areas used in the development of that site. They were verycliscouraged by the lack of green areas and ponding areas in that particular development. Ms. Sporre stated they then went by car into the area now known as the Fridley Preserve, which was on the southern boundary of I3orth Park on Main St. & 83rd. It was a long warehouse which ran parallel to the county drainage ditch that came from Spring Lake Park and entered Springbrook Creek at the intersection of the railroad tracks and Springbrook Creek. They again found that this project was less than a year old. T.here had been very little, if any that they could observe, on-the-site water management practices being used. They were unable to find any ponding areas. The damage was already apparent as the water left tlxe site and entered into the creek. A drainage ditch had been constructed midway between the railroad tracks and Main St. They followed that around the Preserve and out Chrough that construction area. Again, they found a good deal of ditching going on in the whole area between University Ave. and midway Uetween Main St. and University Ave.-- ditching water directly into the Springbrook area. Ms. Sporre stated that, 1.eacing that watershed and ooing into the SteneybrooY. watershed, they found that the same type of- development was being doze-- the same kir.d of piecemeal total lot coverage in the area. Although a iot of the project� were very small in size, the toeal effect was causing a great deal of property damage. Ms. Sporre stated they then continued their trip down 77th and across the ! tracks to the Meadow Run Apartments located on Stoneybrook Creek and East River Road. This was an example where residential property, although not industrial, still had a tremendous impact an the creek area, because culverts were enlarged on the Stoney6rook passageway underneath the railroad tractcs to double in size, and a greaY. deal of property damage was created down- stream. The Meadow Run Apartments, a relatively recent development, also added to the problem, because when they reviewed that site, the water came directly off the parking lot areas and into the creek. Mr. Leek stated that, basically, there was a large coverage of property and whatever was on that property was channeled to a couple of major points and that had a couple of impacts: 1. It increased tl�e volume of water going through one passageway; thereby increasing the speed. 2. Once the speed was increased, the amount of sediment and materials carried by tfie water was also increased. Mr. Leek staCed they also observed at the site that there was a drainage spout leading from the southwest quadrant of the property to a catch basin and emptyin� into the creek. There was quite a bit of erosion. The damage to the catch basin and the run-off spouL•, which was quite extensive, was another indication of the force at which the water left the surface. FP.IDLSY ENVIRONMENTA,L CO�ASISSION MF.ETING JU23� 20 1978 - PAGE 3 Ms. Sporre stated the next place they went on tUe tour was to tlie properl-y owned by Mary aad Charles Martin on Stoneybrook Way and East River Road. The situation there was one of extreme property damage. The city had shored the banks with concrete riprap and railroad-Cype construction. The Memorial Day rains undermined that to the extent that iC caved into the creek bed and now large quanCities of dirt were eroding. The city was now using a new [ype of riprap (gabions). It apgeared questionable to the Commission members how long Chat kind of construction could last. Mr. Leek stated that there were major problems that might exist. As Ms. Maxtin has pointed out, thia construction had only seen one season. The entire unit was hung together. When torrential types o� water flow went through the channel, there was increased pressure because of the rock expanding to accommodste the water £low against the metal. Once the surface was eroded away on the metal, that could lead to disintegration of the metal. Ms. Sporre stated that the best suvnnary they could give was absolute disgust and rage that such severe property damage had occurred. Ms. Sporre stated they then went down to where Stoneybrook Creek entered the river. That address was Alden Way and Stoneybrook Way at the property of David and Lois White. The i+Thites were at the end of the domino and had lost 15 feet of property that had fallen into the water. The culverts had tora away the banks and had caused thousands of dollars of property danage. Mr. Langenfeld stated that,originally, one culvert had existed and the direction of the water flow or run-off was towards their pruperty. AApparentLy, the city had agrezd to divert the flow Uy ar,gling in a ncrthwesterly directicn to the river and then placed another culvert above the existino culvert. By the same token, the peop"Le on this property invested approximately $4,000 to protect their property with the same rockbed gamiens. The general obser- vation of the ce�ission members present also showed that off Alden Way, there was a terrific erosion situation resulting in a very steep incline. It was a potential hazard, not only tor citizens, buC also that the road could stare eroding. Ms. Sporre stated that the road on Alden Way dr.opped off so severely doc,m to Glen Creek that if a child tried to make the climb, the child would fa11 Mr. Leek stated that the incline was about a 45-50° angle. That was steep when management guidelines and critical area guidelines referred to slopes of more than 18� as steep slopes. Mr. Langenfeld staCed that he was shocked at what he had seen on the walking tourr What they had was a peaceful little creek, whett� r Stoneybrook or Springbrook, turning into a monster. Ms. Sporre stated that afCer she had seen what was happening along Glen Creek and Stoneybrook Creek, she realized something had to be done differently to prevent that kind of damage along S�ringbrook Creek. That was part of the reason she had suggested the tour. A great number of decisions were going to be made in the very near future abouC the area in the Springbrook ;; ERIDLEY ENGIRONMLNTAT. COMt+IISSION MEETING JUNE 20 1978 - PAGE 4 Watershed, and she believed that had they fed into L'he.ir review process through the ordinances and Environmental Protection and Natural Resource Planning Overlays, they could have avoided these proUlems oa the other creeks. But, they certainly should avoid these problems, knowing it would cost money. It seemed to her that the best solution to the problem of storm water damages was not to create L'he problem in the first place. There were ways of doing that. Each 1ittle decision in the watershed might not of iLSelf destroy the property to the extent that the idhite's were having; but if the entire zoning and restrict'ions were used as they were developed today, it iaas going to ultimately happen on other water- sheds. She would like to Calk about some of the things that could be done to prevent these problems in the future. Ms. Sporre stated that one of the reasons she felt it was so timely and why the Commission cnust place things back in priority in L'heir actions was that their planning authority would be jeopardized if they did not. The "Mandatory Plam�ing Act" of the State provided the option to local govern- ment to place a moratorium on development in an area where the desire for more comprehensive planning with such issues as environmental planning wou13 be jeopardized by approval of the development. Ms. Sporre stated tihat the land betwe�n Nox•th Park and University r�ve. was now unde.r qr��stion. There was a proposal uader public t�earing right t�ow £or a det•elopment of a zoad between the Y.M.C.A. and T.he l�orth Par}c Nature Center. St'her. they tallced abcut a road, they were talkino abvut ex.panding commitr.ment to the use of the land. Knnwing the city's pseser.t or3inan�es for development, that Ieft tl�e nature center thoroughly un.protecte3 as k�eZ1 as the �vatershed and property owners. Ms. Sporre stated that, therefore, she believed the la.nd adjacent to the City's waterways and existing natural areas should be placed in moratorium for a period of one year. In the interim, the City should review and revise the planning in the area, and develop model ordinances, cahich the Co�ission had reviewed earlier, "Envirenmental Site Planning" and "Envixonmental Overlay Districts", to modify them to £it the City's needs, and whatever other Environmental Protection ordinances were necessary Co avoid property damage so that the development might be applied in a comprehensive way. Ms. Sporre stated that retaining present zoning and adding environmental protection overlays would avoid serious property damage in the future. Developers should be required to demonstrate that the proposed development would not increase the total volume run-off rate, time to peak run-off rate, or shorten the overall run-off, or decrease the natural rate of absorption of storm water. Ms. Sporre stated she would like to suggest that the city's attorney, Mr. Virgil Herrick, work ia conjunetion with the stafF attorneys £rom MetropoliCan Council. She had worked witti Mr. John Hoeft, telephone �291-6450 Their attorneys were available ta assist the city's attorney in the legal development of environmental protection ordinances. She had requested and FRIDLEY ENVIRONMENTAL CONR�'iISSION MBL�TING JUhT� 2D, 1978 - PAGL' S should have received from the office of Metrcpolitan Councii, SCaff Discussion Paper �3, the "Interim Development Control Ordinance!'. This was the legal document that the Metropolitan Council's Legal department had developed showing how 1oca1 governments could restrict developmenC for the period of time that was necessary to bring their comprehensive planning in Line with the overall environmental protection issues the Coaanission had talked about. In suggesting a general moratorium ordinance, the moratorium could not be arbitrarily applied. She thought eheir intention was to review what was being done in the watershed so that, using the new Environmental Protection ordinances, the land could be developed under reasonable use of the land without being in violation of the "taking issue". (Ms. Sporre explained that the right of property ownership provided that the owner should have the ri$ht to use his land and govexnmant could not restrict the use of his land without comp2nsating him for the right of development. Anything that took away from that was called the "taking issue°.) The courts had ruled that the new environ- mental law was that it did not violate the "taking issue" even.though the property owner's rights were diminished if it was to balance out the overall effect of a decision. Ma. SpAxre suggested that the Commission take this action and then use the time with the legal department to develop the kind of overlays that would be useful to protect thzse areas. She stated the item �}�at concerned her very much right now was the road between the Y.M.C.A. and the Ivature Genter. The City Council discussed it May 8 and June 19. She would like to suggest that the Commission be prepared to have a position oa this for the next meeting. She had been advised that the next hearing would be July 10. One of the options this commission had and had not used was to speak directly to City Council. She thought they should assume the role of consultant and go directly to City Couacil. There was very little, if any discussion, ir. the public record about the long range impact of the decision. She felt this Commission was responsible to make the case. She suggested they convey T.his infoxmation to the City Council and ask City Council to take the appropriate acCion. Ms. Sporre stated the total overall burden should be on the developer. Often, the city was placed in the position of piecemeal temporary remedying on into eternity of same of the problems Chat had been stated above by going aLong quietlq with the developers. This had to stop: Ms. Metcalf stated it was a good idea, but she wondered if they could hope to prevent problems in the future. On the other hand, there weren't very many areas left in the city to develop. Mr. Leek stated that was true, but the first step was to acknowledge that the areas that were not developed should be protected by kinds of regulations that they knew or believed could protect Che land to whatever extent possible, and then attempt to rectify the situations that existed caith developed property. He stated that as a part of the Mandatory Land Planning FRIALEY ENVIRONMEN'PAL COMMISSION MEETIPdG JUI�TE 20 1978 - PAGE 6 process, it was required that adjacenf. communities and governmental units submit all of their plans to a11 oi their adjacent neighbors for revl.ew. Not unti.l there was agreement among that community of communities and betweer, the perpetrating community in Metropolitan Council was Chat plan acceptable. Mr. Leek stated there were two issues currently surrounding the Nature Center at North Park. One was the road between the Y.MaC.A. aztd the Nature Center. ti7hen facilities were put in, development was more likely to occur. The second thing was that there were plans to develop a sub-regional shopping center in Coon Rapids immediately north oE the Nature Center. The traffic flow would open on the road immediately north of the Nature Center. The major concern was that when you put in an element such as the service road and planned a�hopping center, the pressure to develop the existing land became very great. What Ms. Sporre was suggesting was that a moratorium be placed on land immediately surrounding North Park that would have some kind of environmental impact until final regulations for development for that property could be drawn up'that met the requirements of the Mandatory Planning legislation; and this definitely made sense. MOTION by Lee Ann Sporre, seconded by Bruce Peterson, that the Environmental Commission support the recommendations outlined by Ms. Spozre as follows: "The 'Mandatory Pla.ning k,ct' ef the State provides the option to 1oca1 government to place a mo:atorium on development in an area where the desire f.or mere comprehansive pla�ining with such issues as environmental planning would Ue jeopardized by approval of the development. "The land adjacent to the City's waterways and existing natural areas, therefore, shall be placed in moratorium for a period of one year. In the interim, the City sha11 review and revise the planning in the area and develop model ordinances, 'Environmental Site Planning' and 'Environmental Overlay Districts' and whatever other Environmental Protection ordinances are necessary to avoid property damage and may be applied in a comprehensive way. "Retaining present zoning and adding environmental protection overlays will avoid serious property damage in the future. Developers shall be required to demonstrate that the proposed, development will not increase the total volume, run-off rate, time to peak run-off rate or shorten the overall run-off, or decrease the natural rate of absorption of storm water." Ms. Metcalf stated that the water problems in the City of Fridley were so large that she felt it would be advantageous for this Conunission to tiave a sub-committee to investigate the water problems. It was unfortunate that she had not been abl� to go on the �aalking tour. (Ms. Metcalf lefC the meeting at 9:00 p.m.) FRIDLSY ENVIRONNEnTTAL COP'II�IISSIGN ML'ETING JUNL' 20 1978 - PAGE 7 Ms. Sporre stated that since a few of the Conn*!ission members had not been able to go on the tour, it might be good to�revieca these places again and check out a few other places. Ms. Sporre stated she would like to suggest that all Commission members call Metropolitan Council for a copy of the document entitled, "Environmental Protection Model Ordinances for Use by Local Governments, March 1977". Ms. Sporre stated that if the Coam�ission would like to work with Che Metropolitan Council stafi in understanding the application of these ordinances, Metropolitan Coimcil would prov3.de people from their planning department to work with the Commission. Mr. Langenfeld stated it would be a good idea for the Commission to do that. UPON A VOICE VOTE, ALL VOTING AYE, THE MOTION CARRIED UNANIMOUSLY. MOTION by Lee Ann Sporre, seconded by Bruce Peterson, to recommend that the opinion in the previous motion be conveyed by this Co�ission to the City Council at"tY:e public hearing on Ju1y 10, and that staff be requested to supply supporting documents to be included with the City CoUncil agenda at that meeting. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Langenfeld, Mr. Peterson, Ms. Sporre, and Mr. Leek stated they would attend that public hearing. Mr. Langenfeld stated he was L-horoughl}° moved and impressed with the waYking tuur that evening, and highly recor.enended that the Cenw:ission at least consider environmental walking tours on a regular basis so that they could really find out cahat was going on in the environment in the city itself. There were people who could not know what was going on by sitting in meetings in enclosed rooms. 2. CHAIRPERSON'S REPORT FROM PLANNING CONAfLSSION: A. Collection Center Proposal (continued) Before leaving the meeting, Ms. Metcalf had stated that it was written in the Planning Commission minutes that ASs. Schnabel had stated that there was not a member of the Collection Center Committee present at the Planning Commission meeting. Ms. Metcalf stated that a member of the Collection Center C�mittee had been present at two Planning Commission meetings. At the June 7th Planning Co�ission meeting, the Collection Center Committee member had noted that the Collection Center Proposal item was listed on the Planning Commission agenda as "tabled". This member had waited awhile and then had left assuming the item had been tabled. Ms. Metcalf stated she wanted it reported to the Planning Co�nission that a member had been at the Planning Commissiorc meeting. FRSDLEY L'NViROA'MEI�ITAL COi1MISSION ME�TII�TG JUl`7P. 20 1.978 - PAGE 8 Mr. Langenfeld had stated that L'here had Ueen an error in the Planning Co�ission agenda. At the previous Planning Commission meeting, a mol-ion had been made to continue the Collection Center Proposal, so the item should have bee.r. listed as "continued", not "tabled". Ms. Metcalf had stated she would be present to represent the Collection Center Committee aL' the next Planning Commission meeting. Ms. Sporre stated that in reviewing the May 17th Planning Commission minutes, Mr. Boardman had indicated that the Collection Center would probably be a city project. She stated sne Uelieved it was the Committee's intention to have the center run by volunteers. The Edina Recycling CenLer's success hinged on the fact that the citizens ran the cen.ter and developed the habit of using the center. There was no better way than citizen management. .On page 9, Sth pa:agraph, "Mr. Soardman indicated that then the C.ity of Fridley would become the 'operating' agency £or the Center." In the 7th paragraph, "Mr. Boardman said that the Recycling Project Committee wanted the operation to be a volunteer situ�tion. Mr. Boardman felt that it would have to be set up either toL'ally city (which he didn't th�nk was feasible) or. on a contract situation." Ms. Sporre stated she tliought it caas important that the fommi_ssior. support tha Recycli.ng Yroject Co�iittee again at Plar.ning Coa:^`ssion. Mr. Langenfeld stated that the F.nviionr.�ental Commi.ssion �aouid iike a clarification on what Mr. Boardman mr-_ant by saying "total city". 3. NOISE CONTROL ORDINANCE (Cont.) - Staff Report by Ray Leek: Mr. Langenfeld stated that Mr. Boardman had personally apologized for the delay in the cuntinuance oE handling the Noise Control Ordinance. Mr. Leek stated that the Noise Cor.trol Oxdinance had been discussed at Planning Commission to a certain e�tent and, out of that meeting, came the request that he compile the ordinance as written and the changes as recoumiended into one documeat for the next Planning Co�ission meeting. He stated that when it was on the Planning Co¢�ission's agenda, he would be in attendance at that meeting. Aopefully, the ordinance caould not get lost again. MOTION by Bruce Peterson, seconded by Lee Ann Sporre, to continue discussion on the Noise Control Ordinance at the next meeting. Upon a voice vote, all voting aye, the motion carried unanimously. FRIDL�Y ENVIRONMENTAL COMMISSION MEETING JUNE 20, 1978 - PAGE 9 4. RNVIRONMENTAL EDUCATION: A, CENCOAD (Cont.) Mr. Langenfeld stated he crished the Commission actually had time to use the CE[dCQAD Water Management Computer Similation Game to simulate the problems they had seen that evening on the walking tour. Mr. Sabistina stated he had talked to Mr. Myhra regarding the Water Management Computer Similation Game. After looking over the material, Mr. Myhra had stated that it was his personal opinion that he did not feel the project would be approved by the Community Education executive committee for two reasons: 1. The cost in the information was listed as $100, but then there were additional costs for hooking up, communications, etc., so there was no way of knowing the total cost. Mr. Myhra was very hesitant about this, and he feit the executive committee would not approve any money for this because of the questionable amount of money. 2. Mr. Myhra felt the attendance would be very low. Also, due to the fact that Community Education coould Ue moving to Parkview School and the costs were not completely settled on Y.he budget, he felt they cou13 not work on this pxoject right now. Mr. Myhra had stated that the project itself sounded good, but suggested that the C�mission somehow run it somewhere in the city as a project through community organizations. Mr. Sabistina stated that thexe was going to be a meeting of a11 the local community organizations in September and all the presidents of the organizations were requested to be at that meeting. He thought that maybe they could bring up projects like this and maybe they could work through the community organizations. Mr. Langenfeld asked Mr. Sabistina if he would like to be the Commission's "workshop liaison" to the community organizations whenever the Comnission found workshops that sounded interesting. Mr, Sahistina stated that was agreeable with him as long as he was knowledgeable about the workshop and had theright information. MOTION by Lee Ann Sporre, seconded by Bruce Peterson, to appoint David Sabistina to be the Environmental Educational Workshop Liaison Person. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Bruce Peterson, seconded by David Sabistina, to table CENCOAD, Upon a voice vote, all voting aye, the motion carried unanimously. I'RZDLEY EPVIP.ONMENTAL COMN'.LSSION MR�T.T.t1G, JUNE 20 1978 - PAGE 10 Mr. Langenield declared a 10-minute recess at 9:56 p.m. B. "Energv Conservation and �arth Sheltered StrucCures" Seminar - Lee Ann Sporre Ms. Sporre sL-ated this seminar was held on May 16, 1978. She stated that the primary thrust of the seminar was Williamson Hall, the newest records/book store at the Unive�:sity of Minnesota. A good percentage of the discussion was aUout that particular building, the way it was done, why it was done, and the monitoring devices that were being used to find out the effectiveness of that building. NLs. Sporre stated that the first speaker was John CaUle, Division of Buildings and Community Systems, Department of Energy i_n Washington,D.C. The most alarming fact that Mr. Cab1e bruught up was that buildings took up one-third of the United States' energy production. Of that one-third used for buildings, two-thi.rds were used for residential consumption, The first point he made on �ahy we were still building above ground was the fact that it was easier to buy lightUulbs, but difficult to do psychological studies to affect people�s thi.nking aa going under ground. There were 14,000 different implementing agencies ' related to building code agencies, so it was very difficult for the Pederal Department of F.nergy to change the thinking of the people. ' D1s. �porre sCated tt�e nF�:* speaker was Dr. Erns* Ec.kert, RegenCs Pr.otessor Emeritus, Department of Ptechanical En�ineering at the U. or M., who discussecL a lot about the heat tr.ans£er co:�cepts of the unci2rground cons�ructina. The poi.n+`. ne broug,ht ouc was that tha underground building at the University was heating ttie groviid; and after three years, the ground around the building reached a steady state, ehereby reducing the heat dramatically on the building. The factors thar_ caould affect the temperature field around the building �aere affected by season, type of soil, and moisture. Important factor--the moisture increased the conductivity. Ms. Sporre stated that the next speaker �aas John Millhone, State Energy Agency Direr.tor, who said, "We are looking at what local communities can do." Some points Ms. Sporre thought would be relative to Fridley were that the vibration was reduced by building underground (going underground had a dampening e£fect), the tornado hazard caould be reduced, and noise pollution was reduced by going underground. It also provided a civil defense aspect in case of severe weather or military need. One important point that Fridley had in an urban setting was that it preserved the use of space itself Mr. Millhone suggested that, in terms of transportation, freeways might be 15 years overdue in planning for underground use. He also mentioned the quality of life pride Minnesotans had. FRIDLEY ENVIRONMENTAL COMMISSION MEETING JUN}3 20 1978 - PAGE 11 Ms. Sporre stated there would be a state ranger sCation, funded by the State of Minnesota, buflt underground and the L.C.N.R. (Legislative Commission on Natural Resources) was funding an under- �round space center at the University of Minnesota. The Energy Agency was goittg to recommend funding to the L.C.N.R. for the 1979 Earth Sheltered Construction Act. That would include funding for data collection. Ms. Sporre stated that Mr. Millhone had stated that "the use of underground structures was one of the most exciting and promising areas in energy." Ms. Sporre stated that the next speaker was Charles Fairhurst, University of Minnesota Engineering Department Professor and Head of the Department of Civil and Mineral Engineering. Mr. Fairhurst stated that "no breakthroughs were required to do underground buildings here in Minnesota," This clarified that we did know how to build underground in Minnesota, that the planning for an underground building had to be ccmprehensive, but that it was a"very natural and sensible option". He also stated that there was going.to be a regional office of the Solar Institute (in Denver) built underground in Minnesota. Mr. Fairhurst stressed that there were better uses fot the land. Ms. Sporre stated that a study =.�as done at Daytons in St. Pav1 to fir.d out if the employees �.vould be c•rillang to wor.k ur:der�round, and the aeswer eas "absolutely no". When Mr. Fairhurst poiated out that they now worked in a windowless enviroiunent, L-hat it was a coTpletely controlled environcient, and that the building could just as well be underground, the people could not believe it. So, people.'s thi.nking had to be changed. Ms. Sporre stated that the rext speaker was Raymond Sterling, Asst. Professor and Director of the Underground Space Center at the Ur.iversity � of Minnesota. Mr, Sterling stated that there was a tremendous amoimt of space under the metropolitan area that could be used with little effort. At the University of Minnesota, there was 50 feet of soil ' before getting to rock, and then the limestone bedrock at 75 feet below the ground provided the option of tremendous open space. The ' cost of construction at that level caas very cheap. Mr. Sterling stated that the use of precast concrete was really very efficient, ' and the steel beams were used to carry the load across the windows. Ms. Sporre stated that the new Fort Snelling Historical Building would be built underground, because it would be in keeping with ' the historical significance. Ms. Sporre stated that the next speaker was Thomas Bligh, Asst. , Professor of the Department of Mechanical Engineering at the University of Minnesota. Nr. Bligh used some slides that showed how the density ' could be increased by as much as 20'/ and provide far more green space. , He showed the conventional suburban tract of land an3 then showed the ' same amount of space and service to the public underground with a beautiful golf course appearance. FRl'DLEY rNVIRONMPNTAL COMMISSTON I��TING JUNF. 20 197F3 - PAGE 12 Mr. Bligh pointed out thac the freezing and thawit� destroyed a building while ehe underground buildings avoided a lot of t-hese problems. He was one of the consult-ants in developing Williamson Hall, and the goal there was to preserve the view of Powe11 Ha11. Mr. Bligh explained that the earth sod roof would add 19% to the energy conservation, so it was an extremely important thing. The important thing Mr. Bligh stressed was that we had to look at the life cycle cosL of the building, how many years was the building going to be used, add to that the initial cost, maintenance and energy costs, and then decide which Uuilding you wanted to build-- above ground or under ground. Europe had decreased their energy consumption since 1973. He was concerned that the United States had not made a significant effort in reducing energy consumption. In 1977, the United States was using 36% of the world's fuel. Pis. Sporre stated that the next speaker was George Meixel, Research Associate, Department of Civil and Mineral Engineering at the U. of M. Mr. Meixel's field was thermography, and he felt that through the field of thermography, they could decide what kind of building� th�y were building. The inira-red camera took.pictures of the building and showed if the building was losing heat. It was used for lots of other reasons, aad r.ow T.i�ey aare using it to test heat emiesion. They were alsc able to find if there wer.e any ].eake. Also, they were working on callibrating the temperature relario��ship of the J.oss. M'r. Meixel stated that snoc,* was a tremendously good blznl;et, so the snow in Minnesota wa, really an advaz�taoe when going undergryund. Ns. Sporre stated they had a paaeL discus:ioa about the availability of en.ergy from Canada. Apparently, Canada was fe.eling less and less like they wanted to have their ene.rgy at the United Scates' disposal: The United States was going to have to quit thinking about the availability of energy from Canada. They were not talking very strongly about the use of natural gas in the future. They did discuss the dilemma of the power companies because of the 1ow consumption when going underground. Ms. Sporre stated that the last speaker was Dave Bennett, the Architecture Professor in the School of Architecture and Landscape Architecture. P1r. Bennett was the man who designed Williamson Hall. After all the scientific data was brought to the floor, Mr. Bennett told why the building was environmentally suitable. Ms. Sporre ran a tape recording for the Commissioners of Mr. Bennett's portion of the seminar. , Mr. Bennett gave the follocaing enviionmental benefits of William- son Hall: Circulation (the first benefit--by putting the building underground, the on-site circulation serviced the needs for that area); Histeric Preservation (provided in the site at the urban level in this density area the opportunity for enjoying and utilizing the more important historic buildings on the site); Open Space; and Lighting. , FRIDLEY fiNVIRONMENTAL COMMISSION MGGTING JUNE 20, 1978 - PAGE 13 Mr. BennetC stated that iY cost no more to build an underground building than it did to build a conventional building of a similar size. l�r. Langenfeld thanked Ms. Sporre for a11 the work she had done in presenting this report to the Commission. MOTION by Lee Ann Sporre, seconded by David Sabistina, that the Environmental �ommission support the use of earth sheltered structures and any new proposed public facilities for the City of Pridley. Ms. Sporre stated that she wanted the Commission to know that she had asked Mr. Bennett to review the North Park Nature Center area. Mr. Schaaf, Mayor Nee, Ms. Jan Seeger, and Ms. Sporre had reviewed the Nature Center with Mr. Bennett, and Mr. Bennett felt that the nature center building would be most appropriate for an underground facility. His reason was that it would preserve the natural uniqueness of the site. That was one proposal she had heard of in Fridley, and another one that m�ght apply f.or this particular motion was the proposal for a recreation center. She cou1� see a lot of ad�antages from the texpayer's standpoin4, not cniy in energy conservation, but an ua3erground buildin� prvvided van3aiis� control and �ore control over what happened to that building. She felt that the Commission shou"Ld have a field trip throubh Williamson Hall to better understand underground buildings. UPON A VOICE VOTE, THE`MOTION CARRIED. C. Highway Chemical Usage (Cont.) Mr. Langenfeld stated he, had given the large folder of info:mation from the M.P.C.A, on the storage of highway chemicals to Mr. Leek. , Mr. Langenfeld etzted that he had complained about the situstioa to Planning Coumiission, and a motion was made at Planning Commission to have staff look at the area. Mr. Langenfeld stated that he had asked that the motion incorporate the fact that either himself or a member of the Environmental Commission go along on the tour of that area by 694. He stated that, from his most recent visual inspection of the area (from a distance), he could not see any signs of salt. So, he did not know the status of that area at this time. Mr. Leek stated he had placed the information in a folder and had outlined the documents that would be most useful to the Commission. He apologized for net getting copies to the Coumiission members, but stated he would malce copies of those documents and eend them out. He had �1so received a memo from Mr. Boardman authorizing liim to contact the State to examine the site with a member of the Commission. Mr. Leek stated he would xry to set that up this week. FRIDLEY GNVIRONNfENTAL COhII�'fiSSION ME�TING JiTNE 20, 1978 - PAGE 14 Mr. Peterson stated he had contacted the E.P.A. district office and talked to Mr. Bates, who was not aware of any standards or laws that regulated chemical run-off. At this stage, they were more concerned with contamiiiation such as oil spills, so Mr. Bates was not awar.e of any er.isting standards. Mr. Bates had stated he would do some checking and would check with the regional office in Chicago. MOTION by Bruce Peterson, seconded by Lee Ann Sporre, to continue discussion on Highway Chemical Usage at the next meeting. Upon a voice vote, a11 voting aye, the motion carried unanimously. 5. MnDOT PLAN Mr. Leek stated that he had not yet received the MnDot Plan. He stated he would call again in hopes of getting it soon. Ms. Sporre stated that she had contacted the Transportation Office, and their final preliminary draft would come out in mid-August and would go to hearings later than the Coamission had been told initially, which was October or November, so that gave the Commi_ssion adequate time to review the plan. If a member of the Commission had received a preliminary draft copy, they would have to cali again in order to get the final draft. Ms. Sporre stated that the item of sal.t storage was handled on page 15 of the preliminary draft. That caould be one cf the areas Fridley should testify oz at the hearing. Item 6 on page 15 stated that, "Envirqnmental concerns and awareness wi11 go long after most Minnesota highways are planned and built. The problems of possible salt damage, noise pollution, run-off pollution, etc., all need to be addressed for the entire system..." Ms. Sporre stated they had to stress that point, because she was aware of the fact that the Department of Transportation had asked to have noise standards waived at hearings as recently as two months ago. They needed to stress this issue, because Fridley had a lot to be aftected by a11 of those issues. MOTION by Lee Ann Sporre, seconded by Bruce Peterson, to continue discussion on the MnDot Plan at the next meeting. Upon a voice vote, all voting aye, the motion carried unanimously. 6. COMMISSION WORKSCHEDULE; (Cont.) MOTION by Lee Ann Sporre, seconded by David Sabistina, to continue discussion on the Commission Workschedule at the next meeting. Upon a voice vote, all voting aye, the motion carried unanimously. FRIDLEY ENVIRONMENTAL COMMISSION PIEETING JUNE 20 1978 - PAGE 15 7. OTHER BUSINESS: A. Airport Liaison: Ms. Sporre stated she would like to know what action had been taken regarding an airport liaison. Mr. Langenfeld st-ated that he had reminded the Planning Commission that such a motion was made and that he and Ms. Sporre would be willing to be that liaison. He stated that Planning Commission had made the motion to City Council that a liaison Ue appointed, but he did not lmow what action the City Council had taken. Mr. Leek stated he had been checking the City Council agendas and had not yet seen it listed on the agendas. Mr. Langenfeld asked Mr. Leek to get specific information as to the status of the airport liaison and who was to be the responsible person. ADJOURI�'fENT : MOTION by Lee Ann Sporre, seconded by Bruce Peterson, to adjourn the meetina at 12:00 p.e�. Upon a voice vote, all voting aye, the motion carried unanimously. Respectfully submitted, 4/X,C Lyn Saba Recording Secretary ATTENTION-DF: . — ,»- r ._ _... ,._. _._ ..__ _ '-I 7o Virgil Herrick 6279 University Ave. NE -`� - -"` Fridley, MI3 55432 L._ _ _ __ . _._ _ : _ . _ J SUBJEtT Deed for Locke Park CITY O F FRIDLEY 6431 Unive►sity N. E. Minneapolis Minn. 55421 612-560-3450 DATE �6I��.6Ii8 Attached please find information relating to a question-regarding-the - __.. transfer of title of Locke Park to Anoka County. Apparently these questions were asked at the Planning Commission and City Council--�-- - a number of months ago. There is still interest in the matter and the P].anning Commission, in particular Diek Harris;-would like— ------ information for the June 21st meeting. _ _ Could you please investigate the matter and comment as requested? If you have any questions regarding this item, contact Jerry Boardman. - __ __ .. Dick Sobiech _ _ ___. _------- _ _-- _ _ .. __ ._ -- - �SIGNATURE � . � REPLY: . DATE .SIGNATURE � • RcPLtER'S COPY—R�TAIN FOrR YOUR FSLES . 6/20/78 - Je Virg Herrick f, Dick Harris talked about this item June 14th. Viig indicated there would.be no problem with dedicating the park to the County, the onYy concern would be drinking alcohol on the premises. ' , nsljm ' . 4 . ��S l�ghting center 700 GRAND AVENUE, SAIN7 PAUL, MINNESOTA 55105 • PHONE (612) 227-8881 TtiE BEST SOURCE OF I]GHI UNDfR IIiE SL1N July 10, 1978 Mr. Richard Harris Fridley City Hall 6431 University Ave. N.E. Fridley, MN, 55432 Dear Mr. Harris: Thank you for your time discussing the formation of a citizen's committee to develop a Fridley Energy Policy. I am interested in serving on this committee and the following will provide some information aboui myself and my qualifications per your request. PERSONAL: My name is Dennis Anderson, age 34, and I have resided at 470 Ely, Fridley� since September 1g75 with my wife, Katherine and my son, Todd. I am an active member of the Fridley Jaycees and have held the office of Secretary, Treasurer and currently, State Delegate. I am also a member of the Illuminating Engineering Society and attend the meetings and seminars that pertain to my product area. I graduated from High School at Thief River Falls, Minnesota and attended the University of North Dakota for three years. BUSINESS EXPERIENCE: I have been employed by Muska Lighting in St. Paul since 1975 as Sales Manager and as Office Manager for GTE Sylvania, Lighting Products Division for six years. My job involves the sale of all lamp (bulbs) types to the Electrical Contractor and Industrial/Commercial end user for maintenance usage. I am constantly involved in making energy saving recommendations by retrofitting or changing from one type of lamp to another without chan�in� the fixture or installing a whole new system. I am not an engineer and could not design or lay out a new installation but haved gained some general knowledge in this area. I would also feel qualified to advise the residential user and participated in the NSP/Minnegasco Energy Product Show for the residential consumer a year.ago. � t _ . �. REFERENCES: Mr. William Muska-(President- Muska Electic) 1985 oakcrest Roseville, Minn. 55113 686-5820 Mr. James Davis-(Distict Sales Manager-GTE Sylvania) 5330 Industrial Blvd. Fridley, Minn. 55421 566-9400 Thank you for your consideration. Sincerely, . G� ../i-. Dennis W. Anderson DWA/ms yG�YL��2fl� �-,: 1 CITY OF' FRIDI,EY SSION CALL 0 ORDER• Chairperson Harris called the July 12, 1978, Planning Commission meeting to order at 7:�1 P,M. ROLL CALL: Members Present: Members Absent: Others Present; Storla, Oquist, Harris, Peterson, Schnabel, Lan�enfeld None Jerrold Boardman, Gity Planner Dick Sobiech, Public �Porks Director APPROVE PLAI3NING COMMISSION MINUTES: JUNE 21, 1978 MOTION by Mr. Oquist, seconded by Mr. Langenfeld, to approve the June 21, 1978� Planning Commission meeting minutes. Ms. Schnabel wanted the last sentence of the seventh paragraph on Page 9 to be changed to read, ��She said that the Planning Commission should bring the concept to the City Council; and if the Council chose not to agree mith the concept� then the concept could be brought back to the voters of the City for them to decide�'. IIPON A VOiCE VOTE� all voting aye� the motion carried unanimously. The minutes, with the amended statement by Ms. Schnabel, were approved, 1. D1 11P1V1RL 1RV1V1Y Xl9L 1VUL DLH1I[i H iLl�rLKl VP LV1J J�V! /� �9� AND � BLOCK 2� HILLCREST ADDITION� GENERALLY LOCATED IN THE 7100 BI,OCK ON THE EAST SIDE OF EAST RIVER ROAD. Mr. Dick Sobiech, Public Works Director for the City of Fridley, was present at the meeting regarding this item. Mr, Sobiech addressed many of the coxicerns that the City and the neighbors had regarding the preliminary plat. The first item that Mr. Sobiech addressed was the Burlington Northern drainage ditch. He said that the ditch definitely was not properly maintained. He said that he had some conversations with Burlington Northern and had been told bq them that all that had to be done was to submit a drainage plan to Burlington Northern and then fill out a permit with Burlin�ton Piorthern. Mr. Sobiech said that at that point the City, the Petitianer, and Burlington Northern could work together to properly grade the area and maintain propes drainage for those lots. I �LANNTNG COMMISSION MEETING - JIILY 12. 1978 Pa�e 2 �� Mr. Sobiech indicated that proper drainage of those lots was definitely coating�ettt on Burling�ton Northern properly maintaining the drainage ditch, Mr. Sobieeh pointed out that there would have to be a lot of re-�rading o£ the entire area to insure that any run-off does not increase after the development. Mr. Sobiech next showed the Commission members the drainage plan that had been submitted by the petitioners. He said that the plan etill needed the approval of the Rice Creek Water Shed District. He said that he had briefly looked over the plan and felt it was an adeqnate drainage plan. Mr. John Kehn of 7129 East River Road NE; Mr. Terry Mickley of 7075 Hickory Drive; Mr, Gary Thomas of 7061 Hickory Drive; and Mr. Les Blinco of 7067 Hickory Drine were at the meeting regarding this item. Mr. Sobiech explained egactly what the drainage plan was going to do to the neighbors and the Commission members. One of the neighbors had pictures he showed to Mr. Sobiech and the Commission members showin$ the water that was standing on the lots in question. Mr. Sobiech said that the Engineering Firm that had developed the drainage plan for the petitioners had to insure that the run off in the area would not increase after the development. He said that the Firm had taken into consideration the total eight acres that existed in that area to be sure that all situations would be addressed. He said that the Engineering Firm has indicated that after the development taking into consideration that there would be drine-way surfaces' etc. that could increase the rate of run-off� there would haee to be a holdin� pond of some type located in the area. He said that the proposed plan would direct the rttn-off to the rear lots and create a drainage swail that would have to be re- graded. He said it was designed that the rear area would not be a holding-pond. He said it would be designed so that all the water would be run-off into the creek through the use of the Burlington Northern Railroad draina�e ditch. Mr. Sobiech showed the Commission members and the neighbors the results of the Soil tests that had been made on the lots in question. The neighbors showed mnch concern regarding the planned level of the basements of the houses that would be constructed on the lots in question. : PLANPING COMMISSIOI� MEETING - JIILY 12. 1978 Pa�e 3 At this point in time, Chairperson Harris clarified the terminology beittg used for lots 11' 12 & 73. He said that it had been determined that the lots were not City owned property. He said that the lots were being held in trust bq the County for the State of �4innesota. Mr. Sobiech said that at the present time� the only thing that the City could do with that land (lots 11,12 & 13) was to use it for drainage purposes, He said that all the City had on that property was drainage easements. Chairperson Harris explained to the neighbors that the Drainage Plara being submitted was ��suppose�� to eorrect any existing drainage problems in the area as well as insure that no new problems developed because of the development of the lots in question. The neighbors were concerned that if a drainage swale was graded in the rear area of their lots, the water would actually flow into to thai;r yards because some of the yards would have lower spots than the planned •swale They didn't want to see it happen. They said that when they built their homes they had been told that they couldntt alter their rear yards at all because of the drainage plans for that area. Mr. Peterson wanted to know whose responsibility it would be to maintain the drainage s�ale once it was developed. Mr. 3obiech said it would be up to the property owners to assume the responsibilitp of proper maintenance of the area once it was all properly developed and graded. Chairperson Harris pointed out that the amount of water going into the rear qards of the neighbors would actually be less with the proposed drainage plan thaii it presently was. Mr. Sobiech said that it was very possible that the holding area could be developed similar to 5�rlvan Park. He said that with the use of some berming and some plantings� etc. the area could be made into a very nice open area. The neighbors agreed that the area could be developed nery nicely but they �aere still concerned aboui some type of recourse should the plan not work and in a few years they experience additional water problems. Mr. Sobiech said that the neighbors were stating their concerns at the Public Hearing. He said that theq have stated that they did not want the development if it would create any problems for them in regards to water and drainage, 7C PLANNING COMM�SSION MEETING - JULY 12, 1978 Pa�e 4 Chairperson Harris asked if there wonld be enough space after the holding area was developed to have some type of park facility, Mr. Sobiech said that it has been stated that it was not an appropriate location for a park. Mr. Sobiech said that there would have to be some access for maintenance equipment. He estimated that approximately 20 feet would be needed. Ms. Sobiech said that it should be a stipulation of the plat that the 20 foot access be put in at the appropriate location before the development of the plat. He said that the people buying the homes on either side of the access would be totally aware of the fact that the access did exist and v�ould be used as aecess to the rear lois. The neighbors wanted to know if they would have to fill in some area of their rear yards due to the development of the drainage system to take care of the proposed pgat, I�r. Sobiech said that some fill wonld have to be done to their rear yards. He pointed out that the neighbors already had water drainage problems and by using some fill in their rear yards, they could correct most of the already existing problems. Mr. Sobiech explained the eaact grading plans for the development. Mr. Peterson said that the Rice Creek Water Shed District�s authority was that the water that comes o�f the property had to be in the same condition as it came onto the property. ' �r. Sobiee:h said that they require that run-off rate cannot increase after development as it existed before the development. He said that the City could monitor the plans making sure the homes are high enough and that the drainage would flow ont of the area properly, Mr. Peterson said that all the Rice Creek Water Shed's authority had to do with was the quality and amount of water as it goes into the Creek. He said it really made no difference to the Rice Greek Water Shed whether the water would come off the proposed development or from the neighbors to the south yards. He said that where the water would come from was a problem that the City had to address. He wanted to know if the neighborTS to the South of the development had been taken care of., Mr. Sobiech felt that all the problems were being addressed by the drainage plan. 7D PI,ANIVING CQMMISSION MEETING - JDI,Y 12. 1978 Pa�e 5 Ghairperson Harris wanted to know who would be liable for the work that would be done on that plat. Mr. Sobiech said that it was difficult to say exactly. He said that the City of Fridley was to insure that everything regarding design and construction would be done properlg. He said that the site gradings would be the responsibility of the peti�ioner and the petitioner would be liable. He said it would be the responsibility of the Building Inspector and Engineering Inspector to be sure that eYerything would follow the site plans and drainage plans. Mr, Peterson asked if Mr. Sobiech felt comfortab],e with the proposed system rather than a pipe system„ Mr. Sobiech said that with the pipe system the water would leave the area immediately� which was always a positive aspect. However� he said that the proposed sytem should work and was definitely more environmentally aware. He said that wi.th the proper gradin� and retention basins that would be done� the proposed drainage plan wonld work jnst as effective as a storm sewer system. MOTION by Mr. Langenfeld, seconded by Mr. Oquist� to close the Public Hearing, IIpon a voice vote� all voting aye� the motion carried unanimously. The Public Hearing was closed at 9:13 P.M. MOTION by MT. Oquist� seconded by Mr. Peterson� to recommend approeal of the consideration of a proposed preliminary Plat� P,S, #78-05, Munnts Hillcrest Addition� by Timothy Munn and Todd Blair: A replat of I,ots 5,6�7,8,9 and 10� Block 2� Hillcrest Addition� generally located in the 7100 Blcok on the East side of East River Road with the following stipulations: 1) That the Drainage Plan functions to insure that property owners south of the Plat are not impacted by the development; and if possible� work with them to reduce their existing problems. 2) 20 foot access easement to Lots 11�12 & 13 bec2onstructed with appropriate hard surface area to adequately handle mai23tenanC2 eqAlpment and'to be placed prior'to the oceupancy of the proposed dwellings. 3) 4) 5) A Performance Bond to insure the proper site gradings for each lot be obtained. �he approval would be contingent on Burlington Northern properly maintaining the drainage ditch. That all costs for the Drainage Sqstem would be borne by the developer. IIPON A VOICE VOTE� all voting aye� the motion carried unanimously. 7E PLANNING COMMISSION MEETING - JIILY 12. 1978 Pa�e 6 2. MOTION by Mr. Langenfeld, seconded by Mr. Storla, to open the Public Hearing. IIpon a voice vote� all voting aye, the motion carried unanimously. The Public Hearin� was opened at 9;23 P.M, Mr. Boardman explaitted that the property was presently zoned Heavy Industrial and required the lot size of 1�- acres of land. He said that Mr. Paschke wanted to rezone the area to Light Industrial mainly because the lot size of 3/1� acre was required in M-1 areas. He said that by doing so� the petitioner would be able to split the land into three buildable M-1 lots and could construCt three buildings rather than one. Mr. Boardman said that the zoniag would be similar to what was being done along Ranchers Road. Ms. Schnabel asked exactly what was presently zoned M-1. Chairperson Harris eaid that all construction lying East of Ranchers Road from 77th Avenue to 79th Avenue. He said that M-2 r`rae still existent west of Rattchers Road. Mr. Boardman said that the uses of the land were very similar for M-2 and M-1. He said that the main difference was the required square footage of the lots. Afr. Storla wanted to kno� what was going o� at the present time on the lots in question. Mr. Paschke said that they were basically preparing the land. Mr. Peterson asked if all three buildings would have the y0� land covesage restriction. Chairperson Harris said that there would be three small buildings instead of one large building. Mr. Boardman said that there would actually be more green area With the rezonin$. He said that each building would have to abide by the 40� land coaerage requirement. Y 7F PLANNING COMMISSION MEETING - JIILY 12. 1978 Page 7 MOTION by Mr. Peterson, seconded by Mr. Langenfeld, Public Aearing. IIpon a voice vote, all voting aye, carried unanimously. The Public He�ring was closed to close the the motion at 9:31 P.M� MOTION by Mr. Peterson� seconded by Mr. Langenfeld� that the Plantting Commission recommend approval of the rezoning request ZOA #78-06� by G. W. Paschke: Rezone yot 3, Block 1, East Ranch Estates 3rd Addition� from M-2 (Heavy Industrial areas)� to M-1, (Light Industrial areas), to allow the construction of three general office/industrial buildings� generally located in the Southeast corner of Main Street NE and 7'Jth Avenue NE. UPON A VOICE VOTE� Mr. Storla, Mr. Oquist, Mr. Peterson, Ms. Schnabel� and Mr. Lan�enfeld voting aye� Mr. Harris abstaining� the motion carried. Chai.rperson Harris abstained from voting because he was an ad�acent property owner. 3. r.'rLit i.v.� J� uivvu � � IPITO THREE PARCELS: PARCEL A: THE NORTH 33 FEET OF THE EAST 9� FEET� AND THE EAST 134 FEET OF THAT PART LYING SOUTH OF 2HE EASTERLY E%TENSION OF THE SOUTH LINE OF 7%th AVENUE AND THE SOUTH LINE OF 77th 9VENUE (200 77th AVENTTE); PARCEL B: THE 1�EST 146 FEET OF THE EAST 280 FEET AS MEASURED AI,ONG THE SOIITH LINE OF LOT 3(220 ']7th AVENUE NE); AND FARCEI, C: ALL OF LOT 3� EXCEPT THE EAST 280 FEET THEREOF� AS MEASURED ALONG TFiE SOIITH LINE OF LOT 3 i230 77th AVENIIE NE) ALL DIMENSIONS SDBJECT TO REVISION UPON FINAI, PLAT, Mr. Boardman explained what the size of the three lots would be: Parcel A would be 3/4 acre. The City would require easements for roadway/street as well as utility easements on 77th Avenue. Parcel B would be .751 acres. Parcel C would be 1.1 acres. Mr. Boardman said that the City would also require utility easements along the west property line of Parcel C in order to get aceess to utilities for Marquette State Bank. 7G PLANNING COMMISSION MEETING - JULY 12. 197$ Pa�e 8_,-- Mr. Boardman said that the only other comment that Staff had in regards to the drainage in that area. He said that some type of drainage system would have to be developed by the parcel of land in qnestion and Aiarquette State Bank. Mr. Boardman sa:i.d that the owners of the parcels in question would be allowed to put in the type of drainage system they would tteed in order not to increase the flow or run-off that would eventually end up in the Mississippi River. Mr. Boardman said that some type of drainage plan would have to be submitted for the area in question. He said that the draittage plan would have to be submitted before a building permit would be issued. MOTION by Mr. Peterson, seconded bq Mr. Oquist, that the Planning Commission recommend approval of ihe Lot Split Request, L.S, #78-02' by G. W. Paschke: Split Lot 3� Block 1� East Ranch Estates 3rd Addition into three pareels: Parcel A: The North 33 feet of the East 90 feet� and the East 134 feet of that part lying south of the easterly extension of the south line o£ 77th Avenue and the South line of 77th Avenue (200 �7th Avenue); Parcel B; The West 146 feet of the East 280 feet as measured along the South line of Lot 3(220 27th Avenue NE); and Parcel C: All of Lot 3� except the east 280 feet thereof, as measured a7.ong the south line of Lot 3(230 77th Avenue NE). (ALL DIMENSIONS SUBJECT TO REVISION UPON FINAL PLAT) With the stipulation that a proper Engineering Drainage Plan be submitted as well as the required easements on Parcel A for street and utility easements on '77th Avenue and Parcel C along the west property line. UPON A VOICE VOTE� Mr. Storla, Mr. Oquist� Mr. Peterson� Ms. Schnabel� and Mr. Langenfeld voting aye and Mr. Harris abstaining, the motion carried. Chairperson FIarris abstained from voting because he was an adjacent property owner. Chairperson Harris declared a break at 9:42 P.M. 1N PLANNING COMMISSION MEETING - JIILY 12. 1978 Pa�e 9= 4. VACATION REQIIES�. 5AV �78-03. BY wARREN MA1�fORINE:_ �TAG� E THE F00 T LIT AS T E O S 1� AND 25� BLOCK 2� MEADOWMOOR TERRACE� SO THAT BOTH LOTS MAY BE USED FOR THE CONSTRIICTION OF A COMMERCIAL BUILDING� TAE SAME BEING 7671 CENTRAI, AVENUE NE. Mr. Boardman said that in order for the petitioner to utilize Lots 2y. & 25 for an office building� he wants the utility ease- ment vacated. He said that the oniy problem with the request was the fact that a telephone cable belonging to the Telephone Company was located under that easement. He said that Mr. Marmorine has agreed to relocate the buried telephone cable to the east lot line of Lot 2y at his e�pense. NIr. Boardman said that the lots mere presently zoned Commercial and Mr. Marmorine planned to construct one office building on the two lots. Mr. Boardman pointed ont that once the buried cable was moved there would no longer be any,utilities located in the utility easement; therefore� he felt that there wonld be no need to retain the utility easement. He showed the Commission members on a dravuing egactly where the drainage easements would be located. MOTION by Ms. Schnabel� seconded by Mr. Langenfeld, that the Planning Commission secommend approval of the Qacation request SAV #78-03� by Warren Marmorine: Vacate the 10 foot utility easement between Lots 2G. & 25' Block 2� Meadowmoor Terrace� so that both lots may be used for the construction of a Commercial Building' the same being 767� Central Aaenue NE ari.th the stipulation that the buried telephone cable be moved to the east lot line of Lot 2t� at Mr. Marmorine's expense. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 5. LOT SPLIT RE UEST L S 8-0 BY CARL PAGE: SPLIT OFF THE EASTERLY FEET OF LOT !�� OLAND GARDENS� TO MAKE A NEW BIIILDING SITE� THE SAME BEING 1085 GARDENA AVENUE NE Mr. Boardman said that the lot split was anticipated in 1971 and at that time the water and sewer services were extended to accommodate the split. He said it was staff's feeling that the Lot Split would meet all the requirements. He said that five foot utility and drainage easements would be required along the common property line between the two properties as well as five foot around all the property lines within this Lot Split. 7I PLANNING COMMISSION MEETING - JIILY 12, 1978 Pa�e 10 Chairperson Harris wanted to know how large the property in question was. Mr. Boardman said that it was approximately 70 x 110 plus the egtra piece of land, He said it was about 11�000 sqnare feet. MOTION by Mr. Storla� seconded by Mr. Peterson, that the Planning Commission recommend approval of the lot split request, L.S. #78-03, by Carl Page: Split off the easterly 70 feet of Lot 14� Meloland Gardetts� to make a new building site� the same being 1085 Gardena Avenue NE with the stipulation of the five foot utility and drainage easements along the common property line between the two properties as well as five foot around all the propert,y lines within this lot split. Upon a voice vote, all voting aye, the motion carried unanimously. 6. CONTINUED: ENERGY PROJECT COMMITTEE DISCIISSION A. Geneva Harper, State of Minnesota Energy Agency B. Review Scope and advertisement. Ms. Genena Harper was at the meeting but was called,away�at appTOximately 9:Q4 P.M. She will maice h�er presenta�tion at the July 26'th Planning,Commission meeting. MOTION by Mr. Langenfeld� seconded bq Mr. Peterson, to receive the letter from Mr. Dennis Anderson regarding his ixiterest in the Energy Project Committee. Upon a noice vote, all voting aye� the motion carried unanimously. MOTION by Mr. Langenfeld� secoIIded by Mr. Storla� to receive the newspaper advertisement from Mr. Boardman. Mr. Boardman indicated that the City would utilize all means of communications available to advertise for membership in the City of Fridley Energy Projeet Committee. UPON A VOICE VOTE� all voting aye, the motion carried unanimously. Mr. Peterson said that he felt if someone wanted to serve on the Energy Project Committee� they should be interested enough to write some type of resume. MOTION BY Mr. Peterson� seconded by Mr. Langenfeld, to approve the advertisement as written with the understanding that a resume be part of the criteria. Upon a voice vote, all voting aye� the motion carried unanimously. PLANNING COMMISSION MEETING - JULY 12. 1978 Page 11 � � MOTION by Mr. Peterson, seconded by Mr. Oquist� to continue the discussion on the Energy Project Committee. Upon a voice aote� all voting aye� the motion carried unanimously. 7. PROPOSED NOISE CONTROL ORDINANCE Mr. Boardman explained that this discussion had been put back on the a�enda after it was discovered that it had been unintentionally passed over. He felt that it still needed some work. Mr. Langenfeld felt that the members needed more time to review the Noise Gontrol Ordinance more thorou�hly. MOTION by Mr. Peterson� seconded by Ntr. Langenfeld, to continue the discussion on the proposed Noise Control Ordinance until the negt meeting. Upon a voice vote, all noting aye' the motion carried unanimously. 8. CONTINUED: DISCUSSION OF MENIORANDUM OF AGREEMENT FROM Mr. Larry Dobson and Mr. Bill Scott were present at the meeting regarding this item. Mr. Storla said that the concept �ras started because the State Human Rights Department had too much work to handle. He said it �ould take up to 18 months to have a case heard by them, He said that several communities in the area have established the Memorandum of Agreement. He said that by handling complaints at the City level� the total process of filing a complaint could be speeded up. He said that the Memorandum of Agreement mostly spelled out how the Fridley Human Resources Gommission or whoever they designated (which could possibly be the Tenant/ Landlord Committee) would handle the intake of the information. Mr. Storla said that the second part� the 30-day Waiver Agreement, of the Memorandum of Agreement explained that after the Complaint was at the City level for 30 days without being resolved, it would automatically go to the State level for their action. Mr. Storla said that one of the concerns expressed by the City was their lack of people to help with the item. He said that if something came up that they couldn�t handle� he felt that it would be handed over to someone from the State rather than someone from the City Staff. Mr. Storla �idn't foresee any burden on the City. 1K PLANNING CONiMISSION MEETING - JIILY 12. 1978 Pa�e 12 Mr. Dobson said that it was the intent of the Memorandum of Agreament to make it simpler for the people in the Community to originate a discrimination complaint. He said that the present problems seemed to be the complexity of getting all the people together to make sure they collect all the eaidence. Mr. Dobson said that at the present time people have to go to the Department of Human Resources to file a complaint rather than the Department sending a representative out into the commuiaity, Mr. Dobson told the Commission the procedure that presently had to be followed in order to file a complaint with the State Department of Human Resources. Chairperson Harris said that the mechanics of the Tenant/Landlord Committee was a project committee of the Human Resources Commission. He said that if the Tenant/Landlord Committee planned to become an operating Committee� the mechanics would have to be changed. He wasn't sure if the revised Ordinances had any provisi�ons for an operating Coramittee. Mr. Boardman said that he would check into Mr. Harris� statement. Mr. Bill Scott had some concerns about the document. He said that the Committee could probably perform the proposed function. However� the resident of the community could have deep misgivings if the complaints were received without someone from the Human Resources Commission being present. He said that consistent with the Charter of the Human Resources Commission to develop harmonious relationships and going back to the very b�ginning of the Tenant/Landlord Committee was based on the premise that there wo�zld be participation of the landlord as well as the tenants. He felt that it should be included in the document that as �ell as members from the Hnman Resources Commission be present to receive the complaint, that members from both sides (tenants as well as landlords) be present when the complaints are received. He felt that complaints should not be received without everyone present that should be present. Mr. Boardman said that if the project committee was to become involved, all authorization would have to be at the Human Resources Commission level. He said that the initiation of the action would have to take place at the Human Resources Commission level and investigation could be handled by the Project Committee. 7L PLANNING COMMISSION MEETING - JULY 12, 1978 Pa�e 13 Chairperson Harris said that the mechanics of receiving a complaint would have to include the Human Resources Commission sitting in joint session with the Project Committee. I3e said that a representatiBe of the landlord, a representati�e of the tenant, and the staff at the Human Resources Commission level would all have to be present in order to receive a complaint. Mr. Harris was not sure that such a mechanism was possible with the present City structure. Mr. Dobson felt that a person could be designated by the fIuman Resources Commission to receive the complaini. He said that forms would be available so that anyone who felt they were discriminated against could make a complaint. He said that it would be indicated on that form who the person could contact that would be responsible for gathering all the information and helping the person to properly fill out the form. He said that the Committee would be structured so that in hearing a complaint� representatiees from both sides would be present. He said that it wouldn't be necessary for any decisions to be made. The main purpose of the hearing would be to take all the information and then forward the information on to either the Human Resources Commission in the City of Fridley or else onto the State Human Resources Department, He sa:i.d that �vho the information was to be fortivarded to �vould be up to the person making the complaint. Mr. Peterson felt that someone from the Human Resources Commission would have to receive any complaints. However, he said he wanted the City Attorney to check the Memorandum of Agreement to help with the legal aspects of the item, Ms. Schnabel asked who received the complaints in the other communities. Mr. Storla explained the set up that Coon Rapids had. He said that the Assistant City Manager received the complaints. Mr. Dobson indicated that the Memorandum of Agreement was bas3cally an experimental concept. He said that the reason that ��tenants" are mostly addressed by the form was because it was generally a mechanism for tenants to file a complaint against the landlord. He said it would be difficult for the landlord to file a discrimination complaint against a tenant. Mr. Dobson said that no actual decisions vaould ever be made. He said it was mainly a mechanism used to speed up the gathering of the information. He said that the Community would not decide whether or not someone had been discriminated against. I� PLANNING CONA'�ISSION ME�TING - JIILY 12. 1978 Pa�e 1 Mr. Boardman said that the Gity Attorney should be consulted regarding the item. Chairpersou Harris said that if the City was going to have the Memorandum of Agreement� then they had to have ihe mechanics that nuould make the ��thing�� work. Mr. Langenfeld said that he rras 97� in favor of the item. However he had some concern regarding the Iegal interpretation and he didntt want to see a complete divoree from the the FIuman Resources Commission. He wanted to deiermine the actual function of relationships this pro�ect would focus on. MOTION by Mr. Peterson, seconded by Mr. Storla� that the discussion of the Memorandum of Agreement from the Human Resources Commission be continued contingent on when the ans�vers would be received from the City Attorney. Upon a voice vote, all voting aye, the motion carried unanimously. 9. RECEIVE COMMUNITY DEVELOPMENT COMMISSION MTNtTTF:sc MOTION by i�r. Oquist, seconded by Ms. Schnabel� to receive the Gommunity Development Commission minutes of June 13, tg�8. Chairperson Harris said that the City Council has appointed a Staff person to act as representative to the Airport Committee. UPON A VOICE VOTE� all voting aye� the motion carried unanimously. 10. RECEIVE APPEALS COMMISSION MINUTES: JIINE 27, 1 7$ MOTION by Ms. Schnabel, seconded by Mr. Peterson, to receine the Appeals Commission minutes of June 2'7� 1978. Upon a voice vote, all voting �ye, the motion carried unanimously. 11. RECEIVE PARKS & RECREATION COMMISSION MINtTTES: JUNE 1 MOTION by Mr. Peterson� seconded by Ms. Schnabel� to receive the parks & Recreation Commission minutes of June 19, 1978. Mr. Langenfeld said that he was very much in favor of the Backyard Wilderness Program. Fl�l PLANNING COMMISSION MEETING - JULY 12, 1978 Pa�e 15 Chai.rperson Harris asked if there had been anq communications regarding the maintenance turn-over of Locke Park. Mr. Boardman said that the City was moving slowly regarding the item because they were looking at the possibility of exchanging properties (Sears Property). He said that the City was filling out applications that are due July 28� tg78, for Locken grants and the Sears property was one. He said that they were working yrith Anoka County to get the south 1/3 of the Sears property classified as part o£ the regional trail system and that could be acquired through regional funds. He said that they then would try to acquire the North 1/3 of the 5ears Property with Locken monies and then possibly ex�hange properties with Anoka County for the remainder of the Sears Property. Mr. Peterson felt that would be great! He said that North Commons Park was grossly over-utilized, He said that Fridley had totally outgrown the North Commons Park facilities. He said that the programs being offered by the Parks and Recreation Department are not reaching all the people interested because of the lack of space. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. MOTION by Mr. Langenfeld� seconded by Ms. Schnabel, that the Planning Commission receive the memo from Dick Sobiech regarding the "Deed for Locke Park��� dated June 16� 1978� in which the City Attorney indicated that there would be no problem with the dedication of the park to the County and that the only concern was the drinking of alcohol on the premises. Chai.rperson Harris said that if the funds should not be available for the acquisition of the Seares Property� the possibility of getiing the County involved in at least the maintenance of Locke Park should be explored. Mr. Boardman said that there have been many discussions with the County regarding Locke Park. IIPON A VOICE VOTE� all noting aye, the motion carried unanimously. 12. MOTION by Mr. Langenfeld� seconded by Mr. Storla� to receive the Environmental Quality Commission minutes of June 20� 19'78. PLANNING COMMISSION MEETING - JULY 12. 1978 Pa�e 1b` Mr. Langenfeld said that the Commission made a walk-through tour of run-o£f sites. He said that the last paragraph on page 1 of the minutes was the �'why" the tour was made; the first paragraph on page 2 Was the ��where" the tour was made. He suggested that all the members of the Commission read the minutes. He said that a motion was made to have him appear at the July 10th City Council meeting to stress the point that a thorough study be made on overall developmeniB to eliminate any real problems in regards to water flow. He reiterated several examples that had been made in the minutes. Mr. Langenfeld suggested that the Planning Commission members read the article by Ms. Sporre regarding "Energy Conservation and Earth Sheltered Structures" Seminar. Chairperson Harris asked if there had been any discussion as to whether the Buiiding Code would have to be modified. Mr. Langenfeld said that the Building Codes. However� he excellent job on the report. discussion never touched on the felt that Ms. Sporre did an UPON A UOICE VOTE� all voting aye� the motion carried unanimously. � 1 jill���luf�� MOTION by Ms. Schnabels seconded b July 12� 1g'�8, Planning Commission all voting aye, the motion carried adjourned at 71:47 P.M. Respectfully submitted� .GG� l�G�(.��n�fiC-/' MaryLee Carhill Reco rding Secretary y Mr. Oquist, to adjourn the meeting. Upon a voice vote� unanimonsly. 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