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PL 07/26/1978 - 6637City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, JULY 26, 1978 7:30 P.M. CALL TO ORDER: PAGES ROL4 CALL: . — `� APPROVE PLANNING COMMISSTON MINUTES: �ULY 12, 1978 1- 16 l. PUBlIC HEARIN6: REQUEST FOR A SPECIAL USE PERMIT, SP #78-06, 17 - 21 BY ROBERT NELSON: Per Fridley City Code, Section 205.051, 2,A, to allow the construction of a second accessory buitding, a 24 ft. by 24 ft. detached garage at 524 Rice Creek Terrace N.E. The legal description of this property is Lot 7, Block 3, Rice Creek Terrace, Plat 4. 2. RE UEST FOR A i0T SPLIT, L S. #78-.04, BY RON WAARA, EDINA REALTY:22 - 2Q Sp i.t off the West l00 feet of the East 200 feet as measured alang tfie North line, of Lot l, �lock 2; Hayes Ri.ver Lots. This parcel will he addressed as 140 Charles Street N.E. 3.. CONTINUED: ENERGY PROJECT COt9MITTEE DISCUSSION A. Geneva Harper, State of Minnesota Energy Agency B. Review Scope 7/12 Agenda 4. CONTINUED r� PROPOSED NOISE C6NTROL ORDINAPlCE 7/12 Agenda 5. REQUEST FOR_A_MORATORTUM ON LOT DEVELOPMENT IN INNSBRUCK 25 - 39 6. CONTINUED: DTSCUSSION OF MEMORANDUM Uf HGKtt�7tlVl rrc�in NUMAN RESOURCES COMMISSION This wi11 be a c4ntinued tem until Commission hears from V. Herrick, City Attorneyi 7. RECEIVE COMMUNITY DEVELOPMENT COMMISSION MINUTES: JULY 11, PINK $. OTHER BUSINESS: ADJOURNMENT: " CITY OF rRIDLE�' PLANNING COMMISSION MEPTING - JULY 12, 1978 CAI,L TO ORDER• Chairperson Harris called the July 12, 1978� Planning Commission meeting to order at 7:41 P.M. ROLL CALL: Members Present: Members Absent: Others Present; StorZa, Oquist, Harris, Peterson, Schnabel, Langenfeld None Jerrold Boardman� City Planner Dick Sobiech, Public �Yorks Director APPRQVE PLANNING COMMISSION MINUTES: JUNE Z1, 19'78 MOTION by Mr. Oquist, seconded by Mr. Langenfeld� to approne the June 21, 1g'78, 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 with the concept, ihen the concept could be broughi back to the voters of the City for them to decide��. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. The minutes, with the amended statement 6y Ms. Schnabel, were approved. 1. L1 1J.1"�V1111 l'3U1YlY 111YL 1VYL LLKlt\• 11 1\liL1fY11 Vl" 1.IV1U ��V�(� �9� AND 10� BLOCK 2� HILLCR�ST ADDTTION, GENERALLY LOCATED IN THE 7100 BLOCK ON THE EAST SIDE OF EAST RIVER ROAD, Mr. Dick Sobiech� Public 4Yorks Airector for the City of Fridley� was present at the meeting regarding this item. Mr. Sobiech addressed many of the concerns 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 by them that all that had to be done �vas to submit a drainage plan to Burlington Northern and then fill out a permit evith BurZington Northern. Mr. Sobiech said that at that point the City, the Petitioner, and Burlington Northern could work together to properly grade the area and maintain prope� drainage for those lots. PLANNIIIG C�Mt4ISSI�N idF;ETIANG - JULY i 2, 1978 Pa�e 2 Mr. Sobiech indicated that nroper drainage c�f those lats was defznitely contingent on Burlington 2darthern properly maintaining the drainage ditch. Mr. Sobiech pointed out tha�E there woul.d hzve to be a lot of re-�rading of the entire area io insure that any run-off does not increase after the development. Mr. Sobiech next shov�ed ihe Commission members the drainage plan that had been submitted by the petitioners. He said that the plan still needed the approval of the Rice Creek 1Vater Shed District. He said that he had briefly looised over the plan and felt it �vas an adequate drainage plan, Mr. John Kehn of 7129 East River Road NE; Mr. Terry Mickley of 70'75 Hickory Drive; Mr. Gary Thomas of `j06t Hickory Drive; and Mr. Les Blinco of 7067 Hickory Drive were at the meeting regarding this item. Mr. Sobiech explained exactly 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 sho�ring the water that was standing on the lots in question. Mr. Sobiech said that the Engineering Firm that had developed tt�e drainage plan for the petitioners had to insure that the rtzn off in the area rvould not increase after the development. He said that the Firr� had taken into consideration the total eight acres that exi.sted in that area to be sure that all satuations v�ould be addressed. He said that the Engineering Firm has indicated that after the developmrnt taking into consideration that there v:�ould be drive-way surfaces, etc. that could increase the rate of xun-off� there would have to be a holding pond of some type located in the area. He said that the proposed plan woulfl direct the run-off to the rear lots and create a draittage sivail that vrould have to be re- graded. He said it rras designed that the rear area would not be a holding-pond. He said it would be designed so that all the water 4vould be run-off into the creeli thxough the use o£ the Bufi2ington Northern Railroad drainage ditch� Mr. Sobiech shotived the Co�nmission members and the neighbors the z�esults of the Soil tests that had been made on the lots in question. The neighbors showed mucYc concern regarding the planned level of the basements of the houses that would be constructed on the lot� in question. PLPJdNING CO4R✓ISSION MEPTTNG - JULY 12. 1978 Pa�e 3 At this point in time� Chairperson Harris clarified the terminolo�y being used for lots tl, 12 & l3. He said that it had been determined that the lots were not City o�med property. He said that the lots vfere being held in trust by the County for the State of Minnesota, Mr. Sobiech said that at the present time, the onZy thing that the City could do e�ith that land (lots 11�12 & 13) was to use it for drainage purposes. He said that all the City had on that property �as drainagE easements. Ghairperson Harris explained to the neighbors that the Drainage Plan being submitted �ras "suppose" to correct 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 tivould actually flow into to their yards because some of the yards tivould have lower spots than the planned �swale They didn't•vrant to see it happen. They said that when they built their homes they had been told that they couldn't alter their rear yards at all because oi the drainage plans for that area. Mr. Peterson wanted to knaw whose responsibility it would be to maintain the drainage s�ale once it r•ras developed, Mr. Sobiech said it tivould be up to the property owners to assume the re�ponsibility 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 yards o£ the neighbors would actually be less with the proposed drainage plan than it pr.esently was. Mr. Sobiech said that it was very possible that the holding area could be developed similar to 5plvan 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 very nicely but they were still concerned about some type of recourse should the plan not arork 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 they have stated that they did not want the development if it would create any problems for them in regards to water and drainage. PZANPIING CO��I�IISSION t4E?;TING - JULY 12s 1�,�8 Pap�e 4 Chairperson Harris asked if there vrould be enough space after the holding area was developed to have same type of parY. facility. Mr. Sobiech said that it has been stated that it vras not an appropriate location £or a park. Mr. Sobiech said that there lvould have to be some access for maintenance equipment. He estimated that approximately 2Q feet would be needed. Mr. Sobiech said that it should be a stipulatzon 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 tota].ly aware of the fact i;hat the access did exist and vtould be used as access to the rear 1ots. The neighbors r;anted to kno�v if they i�ould have area of their rear ya.rds due to the development system to take care of the proposed plat. to fi7.2 in some of the drainage Mr. Sobiech said that some fill vrould have to be done to their rear yarc3s. He pointed out that the r,eighbors already had t�rater drainage problems and by using some £i11 in their rear yards� they could correct most of the already existing problems. Mr. Sobiech explained the e$act grading plans for the development. Mr. Peterson authority was to be in the said that the Rice Cz•eek 1Nater Shed District�s that the water that comes off the property had sarae condition as it came onto the property. ' _ F9r. Sobiech said that they require that run-off rate cannot increase after development as it ex?sted before ths development. He said that the City coulc3 monitor the plans making sure the �iomes are high enough and that the drainage rrould flow out of the area properly. P4r, Peterson said that all the Rice Creek `�"later Shed�s authority had to do �vith ��ras the quality and aicount of tvater as it goes into the Creek. He sai.d ii really made no difference to the Rice Cxeek �'Jater Shed rrhether the water would come off the proposed developmeni or from ihe neighbors to �he south yards. He said that tvhere the vrater rrou2d come from rras a problem that the City hsd to address. He �vanted to know if the neighbor's to the South of tYce development ha@ been taken care of., Mr. ,Sobiech felt that all the probZems vrere being addressed by the drainage plan. PLANNING COt�MISSZON P4r�TTNG - JULY 12, 1978 Pa�e 5 Chairperson Harris tvanted to knovr v�ho would be liable for the work that �Arould be done on that plat. � Mr. Sobiech said that it i.�as difficult to say e�actly. 'de said that the City of rridley �aas to insure that everything re�arding desi�n and construction E�rould be done properly. FTe said that the site gradin�s U�ould be the responUibility of the petitioner and the petitioner i*rould be liable. He said it rrould be the responsibility of the Buildin� Inspector and �ngineering Inspector to be sure that everything tvould follorr the site plans and drainage plans. Mr. Peterson a�ked if Mr. Sobiech ielt comfortable rri.th the proposed system rather than a pipe system. Mr. Sobiech said that �rith the pipe system the v�ater �vould leave the area immediately� �vhich cras altiTays a positive aspect. Hortever, he said that the proposed sytem should etork and c,ras definitely more environmentally ar•rare. He said that vrith the proper grading and retention basins that irould be done, the proposed drainage plan ti�ou].d tivork just as effective as a storm se�ver system. M�TION by �Ir� Langenfeld� seconded by Mr. Oquist� to close ihe Public Hearing. Upon a voice vote� all voting aye, the motion carried unanimously. The Public Hearing was closed at 9:13 P.M. MOTION by Mr. Oquist� seconded by A1r, Peterson� to recommend approval of the consideration of a proposed preliminary Plat� F,S. �78-05� I�Iunn�s Hi].lcrest Addition� by Timothy Piunn and Todd Blair: A replat of Lots 5,6,7,8,9 and 10� Block 2� Hillcrest Addition� general.ly located in the 7100 Blcok on the East side of East River Road �.th the folloevi.ng stipulations: i) That the Drainage Plan functions to insure that property otvners soath of the Plat are not impacted by the development; and if possible, iaork rvith them to reduce their existing problems. 2) 20 foot access easement to Lots 11=12 & 13 be constructed with appropriate hard surface area to adequately handle maintenance equipment and'to be placed prior to the oceupancy of the proposed dwellings. 3) 4) 5) A Performance Bond to insure the proper site gradin�s for each lot be obtained. The approval v�ould be contingent on Burlington Northern properly maintaining the drainage ditch. That all costs for the Drainage System tivould be borne by the fleveloper. UPON A VOICE VOTE, all noting aye, the motion carried unanimously. PLANPdITIG CQMf4ISSZON MrTTING - JUL`I 12. 1978 Pa�e 6 2, MOTION b3� Mr. Langenfeld, seconded by Mr. Storla, to open the Public Heaxing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Hearing was opened at 9:23 P,M, Mr. Boardman explained that the property tvas presently zonec3 Heavy Tndustrial and required the lot size of 1� acres of land. He said that i4r. Pasahke wanted to rezone the area to Light Industrial mainly because the lot size o£ 3/4 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 hi-1 lots and could construct three buildings rathex than one. Mr. Boardman said that the zoning would be similar to what was being done along Ranchers Road. Ms. Schnabel asked exacily �*�hat was presently zoned M-1. Chairperson Harris said that all construction lying East of Rasichers Road from 7`%th Avenue to �gth Avenue. He said that M-2 i�as still existent west of Ranchers Road. Mr. Boardman said that the uses of the Zand were very similar for M-2 and M-1. He said that ihe main difference was the required sguare footage of the lots. Mr. Storla wanted to kno�v �rhat tivas going on at the present time on the 7.ots in question. Mr. Paschke said that they were basically preparing the land. Mr. Peterson asked if all three buildings ti�vould have the 1�0% land coverage restriction. Chairperson Harris said that there would be thre� small buildings instead of one large building. Mr. Boardman said that there vrould actually be more green area wzth the rezoning. He said that each building would have to abide by the 40/ land coverage requirement. � PLANNING COMMISSIOPi MP�TI1dG - JULY 12y 197F3 Pa�e 9 MOTION by P4r. Peterson, 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 9:31 P.M. MOTION by 24r, Peterson� seconded by Mr. Lan�enfeld, that the PZanning Commission recommend approval of the rezoning request Zo� {�78-06, by G. 4J. Paschke: Rezone Lot 3, B1ock 1, East Ranch Estates 3rd Addition� from M-2 (Heavy Industrial areas), to M-1, (Light Industrial areas), to allovr the construction of three general office/industrial buildings, generally located in the Southeast carner af Main Street NE and 77th Avenue NE. UPOPd A VOICE VOT�� P�4r. Storla, Mr. Qquist� Mr. Peterson� Ms. Schnabel� and Mr. Langenfeld voting aye, Mr. Harris abstaining, the motion carried. Chairperson Iiarris abstained from voting because he was an adjacent property owner. 3. JFLll LV1 J� DLV1�i1 I� II3T0 THREE PARCELS: � 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 OF 77th AVENUE AND THE SOUTH LINE OF 77th AVENUE (20Q 77th AVENU�); PARCEL B: TAE �dEST 1l�6 FEET OF THE EAST 280 FEET AS MEASURED ALONG THE SOUTH LINE aF LOT 3�2Z� '77th AVENUE NE); AND PARCEL C: ALI, �F LOT 3� EXCEPT THE EAST 280 FEET THEREOF� AS MEASURED ALONG THE SOIITH I,IN'i, OF LOT 3( 230 77th AVENtTE NE) ALL DIMENSIOI3S SUBJECT TO REVISION 4PON FINAL PI,AT. 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 road�vay%street as we11 as utility easements on 77th Avenue. Parcel B �vould be .751 acres. Parcel C would be 1�1 acres� Mr. Boardman said that the City would also require utility easements along the �vest property line of Parcel C in order to get access to uti7.ities ior Marquette State Bank. PLANPIIIdG COT�t�[ISSION 44EETING - JULY i 2L 1978 Pa�e 8,_ Mr. Boardman said that the only other comment that Staff had in re�ards 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 question and Marquette State Bank. Mr. Boardman said that the ovaners of the parcels in question would be alloti�ed to put in the type of drainage system they tivould need in order not to increase the f1o17 or run-off that would eventually end up in the T�fississippi River. Mr. Boardman said that some type of drainage plan �JOUld have to be submitted for the area in question. He said that the drainage plan wouZd have to be submitted before a building permit would be issued. MOTIOtJ by Mr. Peterson� seconded by Mr. Oquist, that the Planning Commission recommend approval of the Lot Split Request, L.S. #78-02, by G. VJ. Paschke: Split Lot 3� Block 7� East Ranch Estates 3rd Addition into three parcels; ParceZ A: The North 33 ?eet of the East 90 feet� and the East 134 feet of that part lying south of the easterly extension of the south line of ��th Avenue and the South ' line of 77th Avenue (Z00 77th Avenue); Parcel B: The l9est 146 feet of the East 280 feet as measured along the South line of Lot 3(220 77th Avenue NE); and Parcel C: All of Lot 3� except the east 280 feet thereo£, as measured along the south line of.Lot 3(230 77th Avenue IdE). (ALL DIMENSIONS SUBJECT TO R�VISION UPON FINAL PLAT) With the stipulation that a proper Engineering Drainage P1an be submitted as ��ell as the required easements on Parcel A for street and utility easements on �7th Avenue and Parcel C aZong the �est property line. UPON A VOICL V�TE� Mr. 5torZa, Mr. Oquist, Pdr. Peterson, Ms. Schnabel� and r4r. Langenfeld voting aye and Mr. Harris abstaining� the motion carried. Chairperson Harris abstained from voting because he was an adjacent property ovmer. Chairperson Harris declared a break at g:1�2 P,M. :r PLANNIPdG COt�t�IISSSOP� Mr�TING - JULY 12, 1s78 Pa�e 9� 4. VACATIOPI R��UE.ST� S11V ;r-7a-o�, BY �SIARREN M(1RMORIP7�; VACATE TH7s 10 FUOT UTILI`iY LASLt4liN`l' BLTu'JLliN LOTS 4�D 25, BLOCK 2s M�ADO�;JMOOR T�RH��CE� SO THAT BOTII LOT5 MAY BE US�D FOR TH� CONSTRUCTION OF A COMM�RCIAL BUILDING� TH� SAME B�IPdG 7671 C�NTRAL �1VErIUE NE. Mr. Boardman said that in order for the petitioner to utilize I,ots 24 & 25 for an office building, he wants the utility ease- ment vacated, He said that the oniy problem with the request v�as the fact that a telephone cable belonging to the Telephone Company vtas located under that ea.sement. He said that Mr. Marmorine has aoreed t� relocate the buried telephone cable to the east lot line of Lot 24 at his expense. Mr. Boardman said and Mr. Marmorine the two lots. that the lots rvere presently zoned Commercial planned to construct one office building on Mr. Boardman pointed out that once the buried cable was moved there tivould no longer be any.utilities located in the utility easement; therefore� he felt that there would be no need to retain the utility easement. He shovred tne Commission members on a drawing exactly where the drainage easements would be located. MOTION by Ms. Schnabel� seconded by Mr. Langenfeld, that the Planning Commission recommend approval of the vacation request SAV #78-03� by �Varren Marmorine: Vacate the 10 foot utiiity easement beiween Zots 2y & 25, Block 2� Meadoeamoor Terrace, so that both lots may be used for the construction of a Commercial Building� the same being 7671 Central Avenue NE witi� the stipulation that the buried telephone cable be moved to the east lot line of Lot 24 at Mr. Marmorine's e�cpense. UPQN A VOICE VOTE, all voting aye, the motion carried unanimously. 5. A NEW BUILDING SITE� THE SAME ARL PAGE: SPLiT OFF LAND GARDENS} TO MAKE 1085 GARDENA AVENUE N� Mr. Boardman said that the lot split �nas anticipated in 1971 and at that time the water and sewer services were extended to accommodate the split. He said it raas staff's feeling that the Lot Split would meet all the requirements. He Uaid that five foot utility and drainage easements would be required along the common property line het�reen the two properties as weZl as five foot around all the property lines within this Lot Split. PL/1N2d2NG COMMI>S70N 14E�TTNG - JULY 12, 19,�8 Pa�e 10 � Chairperson Harris v�anted to know how large the property in question was, Mr. Boardman said that it was approximately 70 x 110 plus the extra piece of 1and. He said it was about 11,000 square feet. MOTION by t4r. Storla, seconded by P4r. Peterson, that the P7.anning Commission recommend approval of the lot split request� L.S. #78-03, by Carl Page; Split off the easterly `JO feet of Lot 1l+, Meloland Gardens, to make a neer building site� tne same being 1085 Gardena :�venue Y� �vith the stipulation of �he five foot utiZity and drain�ge easements along the common property line bet�veen the two properties as �trell as five foot around all the property lines within this lot split. Upon a voice vote, a17. voting aye, the motion carried unanimously. 6. CONTINUED: ;'PIFRGY PROJ�CT COi�[MITTEE DISCUSSIOPI A. Geneva Harper, State of Minnesota Energy Agency B. Revietv Scope and advertisement. Ms. Geneva Harper r�as at the meetir..g but was called,away'at approximately 9• 00 P.ti1, she wi�ll ma�ce � er presentation at the July 26'th Planriing. Commission meeting, MOTZON by Mr. Langenz"eld, seconded by Mr. Peterson, to recei•re the letter from Mr. Dennis Anderson regarding his interest in the Energy Project Committee. Upon a voice vote� all voting aye, the motion carried urianimously. MOTION by Mr. L•angenfeld, seconded by Mr. Storla� to receive the newspaper advertisement from t•fr. Board�xan. Mr. Boardman indicated that the City vrould utilize all means of communications available to advertise for membership in the City of Frirlley Energy Projeet Committee. UPON A VOICE VOTEa all voting aye, the motion carried unanimously. Mr. Peterson said that he felt if someone tivanted to serve on the Energy Project Committee� they should be interested enough to �vrite some type of resume, ASOTION BY Mr. Peterson, seconded by Mr. Langenfeld, to approve the advertisement as tvritten v�ith the understanding that a resurae be part of the criteria. Upon a voice vote� all voting aye� the motion carried unanimously, � . PLANNING CQt�t�[ISSIQN M�ETING - JULY 12, t978 Par�e 11 �, MOTION by Mr. Peterson� seconded by Mr, Oquist� to continue the discus�ion on the F.ner�y Project Committee. Upon a voice vote� all voting aye� the motion carried unanimously. 7. PROPOS�D NOIS� CONTROL ORDINAD?CF Mr. Boardman e�:plained that this discussion had been put back on the agenda after it vras 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 Control Ordinance more thoroughly. MOTION by Mr. Peterson� seconded by Mr. Langenfeld� to continue the discussion on the proposed Noise Control Ordinance until the next meeting. Upon a voice vote� all voting aye� the motion carried unanimously. $� CONTINUED• DISCUaSIOPd OL' I�IEMORA��IDUM OF AGREI3`1ENT FROI�4 Mr. Larry Dobson and Mr. Bill Scott were present at ihe meeting regarding this item. Mr. Storla said that the concept vras started because the State Human Rights Department had too much vrork to handle. Ae saici it �•rould talie up to 18 months to have a case heard by them. Ha said that several co�munities in the area have established the Memorandum of Agreement. He said that by handling cbmplaints at the City 1eve1, the total process of filing a complaint could be speeded up. He said that the Memorandum of Agreement mostly spelled out hovr the Fridley Human Resources Commission or whoever they designated (rrhich could possibly be the Tenant/ Landlord Committee} lvould handle the intake of the information. Mr. Storla said that the second part, the 30-day txJaiver Agreement, of the Memoran.dum 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 £or their action. Mr. Storla said that one of ihe concerns expressed by ihe City was their lack of people to heip with the item. He said that if something came up that they couldn�t.handle, he felt that it would be handed ooer to someone from the State rather than someone from the City Staff. Mr. Storla didn't foresee any burden on the City. PLA2�TJIPIG COMt4ISSI0Si f4P�TISdG - JiJLY 12L,i978 Pa�e 12 Mr. Dobson said �hat it vras the intent of the Memorandum of Agreement to make it sir�pler ior �he peopl.e in the Community to originate a discrimination complaint. FIe said that the present problems seemed to be the coMplexity oi getting all the people together to maY.e sure they collect all the evidence. Mr. Dobson said that at the present tine people have to go to the I)epartment of Iiuman Resources to fiZe a complaint rather than the Department sending a representative out into the community. i�fr. Dobson told the Commission the procedure ihat presently had to be fallo�red in order to file a complaint ti�ith the State Department of Human R�sources. Chairperson Harris said that the mechanics of the Tenant/Landlord Committee wa� a projeci committee of the Human Resources Commzssion. Iie said that if the Tenant/Landloxd Committee planned to become an operating Committee, the mechanios �+�ould have to be changed. He �vasn�t sure if the revised Ordinances had any provisi�ons for an opera.ting Committee. Mr. Boaxdman said that he would check into Mr. Harris� statement. Mr. Bill Scott had some concerns about the doeument. Iie saia that the Committee could probably perform the proposed function. However� the resident of the community could have deep misgivings if th� complaints vaere received vrithou.t someone from the Human Resources Comraission being present. He said that consistent �vith the Charter of the Human Resources Commission to develop harmonious relationships and going back to tke very beginning of the.Tenant/Landlord Committee r•ias based on the premise that there F�ould be participation of the landlord as well as the tenants. He felt that it should be included in the document that as �ve1l as members from the Human 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 no+ be received vaithout everyone present that should be present. Mr. Boardman said that if the project commiitee was to become involved, a11 authorization crould have to be at the Auman Resources Commission level. fIe said that the initiation of the action would have to take place at the FIuman Resources Commiscion level and investigation could be handled by the Project Committee. m PLA2ItIING COIRRI �SIOI�1 P4�FTI1dG - JUJ Y 12, 1978 Pap�e 1 3 Chairperson Iiarris said that the mechanics of receiving a complaint tivould have to include the Human Resources Commission sitting in joint session �vith the Project Committee. He said that a representative of the landlord, a regresentative o£ the tenant� and the staff at the Auman Resaurces ComMission level �vould all have to be present in order to receive a complaint. Mr. Harris v�as not sure that such a mechanism was possible with the present City structure. Mr. Dobson felt that a person could be designated by the �Iuman Resources Commission to receive the complaint. He said that forms lrould be available so that anyone taho felt they v�ere discriminated against could make a complaint. Ae said that it ivould be indicated on that form �vho the person could contact that tivould be responsible for gathering all the information and helping the person to properly fill out the form. He said that the Committee �rould be structured so that in hearing a complaint, representatives from both sides �uould be present. He said that it t-rouldn't be necessary for any decisions to be mader The main purpose of the hearing rrould be to take all the information and then forrrard the infarmation on to either the Human Resources Commission in the City of Fridley or else onto the State Human Resources Department. He said that who the information vras to be fori�rarded to �ould be up to the person making -the complaint. Mr. Peterson felt ihat someone from the FIuman Resources Commission vrould have to receive any complaints. Horrever� he said he. �vanted the City Attorney to check the P�temorandum of Agreement to help ��ith 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 Alanager received the complaints. Mr. Dobson indicated that the Memorandum of Agreement v�as basically an e�;perimental concept. He said that the reason that ��tenants�+ are mostly addressed by the form v�as 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. Aobson.said that no actual decisions svould ever be made, He said it ��as mainly a mechanism used to speed up the gathering of the information. He said that the Community vrould not decide whether or not someone had been discriminated against. �. . , PLI�TTNaIdG COP��IISSIOPI MEPTII�IG - JULY 12, 19,Zn Pa�e 1 Zi. Mr. Boardman sazd that the City Attorney should be consulted regarding the item. Chairperson Harris said �hat if the City vtas going to have tke Memorandum of Agreement? then they had to have the mechanics that would make the '�thing" work. Mr. Langenfeld sazd that he tivas g7°6 in favor of the item. Hoti�rever he had some concern regarding the legal interpretation and he didn't 1�ant to see a complete divorce from the the Human Resources Commission._ T�e vranted to determine the actual function of relationships this projeci caould focus on. MOTIOPi by t4r. Peterson� seconded by Mr. Storla� that the discussion of the Memorandum of Agreement from the Human Resources Commission be continued contingent on when the answers vrould be received from the City Attorney. Upon a voice vote� all voting aye, the motion carried unanimously. 9. MOTION by Mr. Oquist, seconded by i�s, Schnabel, to receive the Community Development Commission minutes of June 13� 1978. Chairperson Aarris a Staff person to Comnittee. said that the City Council has appointed act as representative to the Airport UPON A VOICE VOTE� a7.1 voting aye, the motion carried unanimously. 10. RECEIVE APP�ALS COP�a�1TS:SION PZIPNTFS: JIITtE 27, 1978 MOTION by Ms. Schnabel� seconded by Mr. Peterson, to receive the Appeals Commission r�inutes of June 27� 1978, Upon a voice note� all voting aye� the motion carried unanimously. }}� MOTION by A4r. Peterson� seconde@ by Ms. Schnabel, to receive the parks & Recreation Commission minutes of June 19� 1978. Mr. Langenfeld said that he �vas very much in favor of the Backyard i7ilderness Program. , � . .' 1 �. ... pLATdP1IP1G GQt4t4I �5I4PI MEPTTNG - JULY 12, 1978 Pa�e 15 Chairperson Harris asked if there had been any communications regarding ihe maintenance turn-over of Locke Park. C.`� ° + Mr. Boardman said that the Gity vras moving slolrly regarding the item because they ��rere looking at the possibility of exchanging properties (Sears Property). He said that the City xras filling out applications that are due July 28� 1978, for Locken grants and the Sears property v�as one. He said that they lvere working tyith l�noka County to �et the sou�h 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 0£ the Sears Property �✓ith Locken monies and then possibly exchange properties �^rith Anoka County £or the remai.nder of the Sears Property. Mr. Peterson felt that �vould be great! He said that North Commons Park i•ras grossly over-utilized. He said that Fridley had totally outgror:n the North Commons Park facilities. Fie 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 VOIC� VOTE� all voting aye� the motion carried unanimously. MOTIOYd by tdr. Langenfeld� seconded by A'Is. Schnabel, that the Planning Commission receive the memo from Dicli Sobiech regarding the "Deed for Locke Park"� dated June 16� 1978� in vrhich the City Attorney indicated that there r�ould be no problem caith the dedication of the park to the County and that the only concern was the drinking of alcohol on the premises. Chairperson Harris said that if the funds should not be available for the acquisition of the Seares Property� the possibility of getting the County involved in at least the maintenance of Locke Park should be explored. Mr. Boardman said that there have been many discussions tivith the County regarding Locke Park. UPON A VOICE VOTE� all voting aye, the motion carried unanimously. l 2. MOTiON by Mr. Langenfeld, seconded by Mr, Storla� to receive the Environmental Quality Commission minutes of June 20� 1978. °t PLAPINIPIG COHII�iI�SZON t�EETING - JUT�Y 12t, 1978 Pa�e 16 Mr. Langenfeld said that the Commission made a. wa.11:-through tour of run-off sites. He said that the last paraoraph on page i of the �inutes vras the "v�hy�� the tour tivas made; i:he first paragraph on page 2�vas tne "v�here�� the tour was made. He suggeeted that all the members of the Commission read the minutes. He said that a motion vras made to have him appear at the July 10th City Counciz meeting to stress the point that a thorough stndy be made on overall developmenis to eliminaie any real problems in regards to rrater floti��, He reitarated several eyamples that had been made in the minutes. Mr. Langenfeld suggested that the Planning Commission mcmbers read the article by Ms. Syorre regarding "Energy Conservation and Earth Sheltered Structures" Seminar. Chairperson Flarris asked if there had been any discussion as to cvhether the Building Code vaould have to be modi£ied. t�ir. Langenfeld said that the discussion never touched on the Building Codes. Holvever, he felt that D1s, Sporre did an excellent job on the report. IIPOtd A VOICE VOTEt all voting aye? the motion carried unanimously. ADJOIIRP�4ENT MOTIOid by Ms. Schnabol� seconded b July 12� tg`�8, Planning Commission a11 voting ayes the motion carried adjourned at 11;1�7 P.M. I?espectfully submitted� �'i%Gi�+�-et�- �-GLt�G.c�-V MaryLee Carhill Reco rding Secretary y Mr. Oquisi, to adjourn the meeting. Upon a voice vote, unanimously. The meeting vras PllBLiC HEARIN6 BEFORE THE PLANNING COMNISSION TO WHOM IT MAY CONCERN: �,r . � . ..�,. i Notice is hereby given that there will be a Public Nearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, July 26, 1978 in the Council Chamber at 7:30 P.M. for the purpose of: A request for a Special Use Permit, SP #78-06, by Robert Nelsan, per Fridley City Code, Section 205 A.51 , 2, A, to allow the construction of a ' second accessory building, a 24 ft. by 24 ft. detached garage, on Lot 7, Block 3, Rice Creek Terrace Plat 4, all lying in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. 6enerally located at 524 Rice Creek Terrace N.E. Any and all persons desiring to be heard shall be given an opportunity at the above time and ptace. RICHARD N. HARRIS CHAIRMAN PLANNING COMMISSION Publish: July 12, 1978 July 19, 1978 �� s � CZ'['y Ol� rRIDLCY D1IIJNIiSU'PA . � hLANNINC ANU ZONT;dG POltM • N�Q�n S��o� nrrLicnral•�s srcMn�ivtu:,,��/1��__�—, � AJdress Say fi��- CRt=C=/l /F�'(��L _ Telephone Number ,j�'% � � g � 3 PROPERTY 0{4NER' S SICNATURE /J�� Iu-�/N/�87'1 . �:�:.�_. ::�.� TYt�c or seQuesr Rezoning � Special llse Pcrniit Approval of Premin- inary F, final Plat Strr.ets or Allcy , Vacations aaa��SS S�M�- _ � . Oiher Telephone Number . 5F}/�L� � n ge�'��Rcccipt No.�%�• O�� Stxeet Location of Property J`�2--� 'Kic-f'c. CQ-('�.C�C ��(Z-R . • � {,egal Aescription of Property �b'T `T �LO�JC 3 �'��L�Q�� 2�, ��- Present Zoning Classification t�-� Existing Use of P:operty �WC FR�� L�E«i� Acreage of Property � OOU � Dcscribe briefly the proposed zoning classificat-io:: • or Cype of use an3 improvement proposed R� QuE� s � PRa V�- � V '.",Cotitj��..u�s ��cu� � lias the present app2icant previously sought to rezone, plat, oUtain a lot split or Yariance or special use permit on tiie suUject site or part of it? yes�no. fVhat xas requested and when? ' . . , The undersigned understands that: (a) a list of all residents and o�aners of property vtlthin 300 feet (350 fzet for rezoning) must bc atLached to this application. (b) This application must be signed by all oianers of the property, or an explanation � given hhy Lhis is not the case, (c) [:esponsiUility for any defect in the proceeding� resulting £rom the failure io list the names and acldresses of .211 residents anu property owners of yroperty in questiou, belcngs to the undersigned. . A sketch of proposed property and structurc must he dra«n and attached, showing the follotaing: 1. Nortli Direction. 2. Location of proposed structure on tlie lot. 3. llime»sions of property, proposed structurc, and froi:t and side seCL•�cks. 4. Street Names. 5. Location and use of adjacent cxisting buildings (ti.�ithin 300 fect;; The andcrsig�red �hcrcUy dcclares applicatioir are truc and c°-•-'°"' DATH (9 �0�3 - �l S that all thc facts and representations stated in this D�tc Fileci ts �2-3'�� Datc of Ilcaring �-�R-7g � '�x�7� -. P�anniiig Cununissioti Approved (�:�L•cs) Dcnicd City Council Approecd (datcs) Dcnicd . �� .. . :s.� Planning Commission July 11, 1978 City Council MAILING LIST SP �78-06 ROBERT NEISON Special Permit Lot 7, Block 3, Rice Creek Terrace Plat 4 Mr, and Mrs. Daniel A. Gourde 68�0 7th St. Fridley, Mn. 55432 Robert J. Hughes 548 Rice Creek Terrace Fr9dley, Mn. 55432 Mr. and Mrs. David P. Persons 537 Rice Creek Terrace FridlQy, Mn. 55432 Mr. and Mrs. Dominic Zawislak 497 Rice Creek Terrace fridley, Mn. 55432 Mr, and Mrs. Fred A. Saretta � 494 Rice Creek Terrace Fridley, Mn. 55432 Mr. Jean C. Saxton 68Q1 7th St. Fridley, Mn. 55432 ' Mr. & Mrs. James E. Jachymowski 6820 7th St. Fridiey> Mn. 55432 Robert L. Nelson 524 Rice Creek Terra�e Fridiey, Mn. 55432 idr. and Mrs. �laurice Meyer 560 Rice Creek Terrace Fridley, Mn. 55432 i'ir, and Mrs. Dowie Bouma 525 Rice Creek Terrace Fridley, Mn. 55432 Mr. and Mrs. 6726 7th St. fridtey, Mn. Staniey Hill 55432 Mr, and Mrs. Doran Gdinger 536 Rice Creek Terrace Fridley, Mn. 55432 �4r. and Mrs. ,lohn Anderson 549 Rice Creek Terrace Fridley, Mn. 55432 Mr. and Mrs. Gary Knight 5I3 Rice Creek Terrace Fridley, Mn. 55432 Mr. and Mrs. 67I6 7th St. Fridley> Mn. Kenneth Brennen 55432 Mr, and Mrs. Richard C. Larson Mr, and Mr.S.Armond H. Grage 5Q6 Rice Creek Terrace 6830 lth St. Fridley, Mn. 55432 Fridley, Mn. 55432 Harry J. Windus, Jr. & Albert Mr. and Mrs. Herschel L. Koeni D. Windus 6810 7th St. 6811 7th St. Fridiey, Mn. 55432 Fridley, Mn. 55432 '� JOt{N J. RYAN CO. 1!i96 `u'ELBY AVLNUE, ST. VAUL 5516{ � SCALE: i /�NCH____..�-r`.�� __.__._...FEET � . f.�%'i'nCTw°1�/rf.';)/1'!i! .i �� 1 �4J��i./1 TELEPHUME: 848�8658 !�J i ,' f OF PROPERTY OF _G,.�<'��..�='%'i'--- , _. f.ocnnoN_....�� js�_` f "x,�c .__ 7�✓'C�1�C', _._�.�,.�� j,4. /��- � OESCRIBEOASFOLIOWS � ��-� % .�" i�' -`' '"� "�''`"� rr'";''"'G' 1 .�`1 �` __ _ 1�...._.. �c�...._...,� _ _ _t�.��.t'��' _•�.- .._��L�%u' { �"r_ C'�'ry.�_� r� ��v 1 �_�� {�r' f�� Ct, U � 20 / I / �.� x .\ .. �_.^ ; �-, \° ��. .<•-.r, i�: �.. � C��. �. . T , •oS� ,, 1�- I V�_'s�c+ Uf �. ,�, � � :�? � ��-' a� � / �c .� � �l l 6: 1 \ /ry�,n / '� / �� C \ h' � .C! ��y � �� -�.. S'- ^�,✓� � �C / , F �� c,,,�^'�� /% ��Y� ` �.. ��r ..i � � � f�. � �,,ti4' .;,� �;, �, `r,'/ r �n9. / , V :�� i 14 �� •i iI• r'�� y; ;� , .\ �� \ � J �`1 1 � � CERTIFICATE OF LOCATION OF BUILDING CERTIEIGATE OF SURVEY :, , I heroby certily that on "�"� 19 '-'-4 I hereby csrufy that oe F'=� 19_�c'� S . tAie eurvey, pl�r., or report w�� preprred by me or under my thie nurvey, plan, ot report wae prep�red by me ur undrr my d'vcct euperviait+n etd thst l �m e dv4y. Regintered Land Sur d'vect auperviaion � �nd th�t �I �m • duly Rogfuerod l.and veyor under:ths lew� o( the Sute of Minaeeou. . Surveyor undnr the 1lwe of phe Stete a[ Minn�.wta.' � /.. . . ---'�—� --�---_..��-..�-.—�-- :� ,- . � ..� . .__..,r_..r.—�.....—+r--�---......._ _ ----- - _,_�_T:.:. ' J.lurr� M1��n. Rqn�nN la� tim.n�a�. No I Is:q � �� JaM� 1 Run. Rar�.�nN I and Sunnar. Ra HII9 . � . .� p�ul 1 l'une. Aq�narrJ 1�nd ]onn.n. No �41V CI7Y OF FRIDLEY APPLICANT:� > Un ' I/1 /fI�7�� — TELEPHONE Ci �susineas PROPIIiTY OWNIIt(S), O�/HLA �E�ie�! ADARESS(ES TELEPHONE . �� . s Lot Split �' _ '�' Date Piled: Fee:$�_'�eceipi �4.zJ/�'I Council Action:Date RFI+fARKS: Street City � Zip Code �(S?_ 5`�-�-033� Home Business Property Location on Street /� � y� or Exact 5txeet Address (IF ANY) %�D (��l�✓L3.� l/P��!, r��_� - T.00nl Tocrri»i:inn nf Pronertv: Reason for Lot Split: dF /`�1`1Ql�L . T C�•r.r�u�r ,�S/�JENri,9 G(llsG�,/Nis � Area The undersigned hereby representations stated correct. DATE: r;/-`^� ,,� 7� i BEI,OW FOR CITY USE �NLY . £t. � Present Zoning Ctassli declares that all the £acts and in this application are true and �IGNATURE �/"'�'c' "� / (Sed e c� ` '� i CHECKED SY STAF'F DATE _ _ Hemarks PI,ANNING COMMiSSZON: fiema.rks: � Date of Consideration - CITY CDIINCIL: Date of Consideration - Remarka• Surve��or's Ceriificdte 23 COMSTOCK & DAVIS, INC. Consulting Gngineers and Iand Surveyors . 1446 County itoad J, Mpls., Minn. 55432, 784-9346 . �o`�'�°h�y SU2vEy y ��OC>� �c�Cc.'TIO�1 �c�2 1 2oPC�sC'D �o'C Spt1'T �dr �"ip.rJ �A�2.lSC� � C�1P.�4L.GS S�SLEET.� � - 1' � � � � � � � \ Q� (. J�1 0 � � rn M 3 x� 0 'n o o � O h �00.�0 I� S 89° 59' io"Jq/ /�' p. P. -- �� . �60.�� T�x3..:: � K. ��a4-K�UC: � �oT TiN Sue.n m r� Y`�."vb � N �OO.Op �^ o � U j , - zo 27.•IS , ( N �tx. � 1 , � � I ;Gw4. 1 3 � �. � , t � � � zd. ro +�j I � _ sq.4 ; f l°o.00 j ' - r m ` 3q.5"7 � . e � �}z.� APY. Fyt06 - 2 ijf `� C � � 4,.1 �,, W Q Y ] � V � ! RP. � � , � � � PA\ZCE �. A`,. T4FE �EST �O� �T. �F T416 � p�ST �C.�� T• � i ` I S C'-A�rED ��ah1vTNE cSCz-T� �...1�� OF l��S' 1 B1.oCK �1 HAY�S �1V�52 �U'TS ��IJ�KA CO.� N\Ik�1ti1. P�2c� C3 _ T�-� ��.AS� t oC� r- T. , As M�r.��c��.b Q�o�� `(NE �ic�cz.-�N t�+.» � OF Lo�c I� 13�...o�x. ��. `��YES �1V�12 LoTS� �ti7�KA Cp.� M►NTJ. ALI. sut35�.`C � o'�1aE2. �A'SEM��.TS, lF A^►Y. SCALE: I"= 4c�' 0 0�1QTES \itotil Mo�l. sET s DEIJOTES 1Qo�J MbA . Favt..`J I hereby certify that this survey, plan or repo�t was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under the laws of Hie State of Minnesota. �nti.. ��r-c-z�.:J�� /08 � :Z .7"�/y 7, �qT� ¢c s � _/ Reg. No. Date !ob No. 1 MC. ; —. _ : . > � � . s �: , '.� . . � ' .� . '7i;. . _ _ y . __.. .. ..� _ _ � �� . ... � : � : �� . i .� � / I � y r.�; y,. ' :�� ,� . ° � . I � � °� ` .. .y`/ol�. . �e V , . 7O , � �V � �� i 1� V /� .. � ` � • . - ' .. (y.fo) : i . ,r . -/ � p ' . -� , -.. .;� . td�� o,�„�t �w. i4 � 2 �� : r9 � , �:�RIOBERT IQUiS STEV NSON '; ; " P�� ELEMENTARY SCH 0� tI�w ; �{ � s� � . � . �♦ � � � �: y/�� .. . , . � :. .h�/'" ... � . . ` . . . . � S_ `;�„�,- . . . . � ' . `. � ' t -,.��- .s .� � ' /� _. � _ , r`� � � -_ _ ySlss _ _.�_ )i'�� .i � .. _ � ' 5960-8A � � _:! : L�' ef ' . ' ' � ,� �'I � Fnidley _ a; _ � ` : - - --�r,. _ ' :� '°'°� ; � �� 'j � �a ROBYNS R/YER � s • � ; � -�- � : � � ' �` •� r 1 a a9 ��o � ' s� � � � � � ' ,- , ,,..,e�` � 596o E.R� l . � � ` 2 $ •eSTREET �, =1 ; ; � � 3JT.ro . � � �. ♦ i . .. .. � . � Nw . • � . w , �, - .,' � � .,' s»M.QNOR • �° : ; � � t: - ��,'� ` 4� ` �p L .'� '184 ' ,Z -��- � ..x;__ � � � . . � iN I � , � N� ` H � A V .w . /�r �: . ` � "' � � 'y . i.r�. �, I� lJ� .:.� in. i �q ,} , . , . I `!- �.��• .. ', �:;f , . ; : i" _o:�. j' ' ;E�1$ w��R EfT��,� �� '� ./ � 3if 1 a p f 1 ; 1 �, �r a . �, ' .:it2 )J /� . . 5� �:I J � � '- F ��S i 5'S� r4� �� ' ` i . � ' � � � �t� �' . _ )� •�•�, `fa. " - <� � r. '• �° �' ` .;,� � ; ��,� 'S9z °WA =N.E'.�,.-� ',;, "` �J � ^ �u e Z i. = f . � ' ,pI `'8 �� . "` �ii� � y j � ` (1.Kdl , . �hht ., � . �-.>`.� a 3 . TQ . s` , : � • , i , � ' 1 � � �.,, � �, l . ,j�,i5� 594p' « �. . . � � . . � -�u " " � „- . � < . `SL. r . , ..� � .� r . ,. �` . ` � ' ' �ti A' ; , � ' ,, ,�„ '+° � .s� : , � < r � � } , ��I iv � a � � i`� _ 'i ' r � t -- �R� , 6�ritNw�/,Frm� �4 .,. i _ ,.i�. � . Fi+7rryL"a � ` /� ' 7RACT A � s�`�3. v w '�V� o �b . _ `3�, � "l� � . i . . ♦ s �.�, i � ��+ .'t7 e , : R y �..- R '/ . _.i I � R ��i.� /�P• -., Y I y'� - � x °; t .. �a t 1:'.- 5 J� _ _ �; � a.t- v` c� -� i ..' � ' i r +„ � "7 �/j � , -' SBoo � � ,' �;� ��1 t4 1 :1 S1 ; � � ,4 , , a . ,y, �.:; ' �.! 41� j � :.. t � a1 .� y r`, � F .� �'p �,� -1 , ' �` Z •{ 'j� : � ,;t ' S ' . � 'V`� T . �. � lt ` ��^C � � � ��°� r�R "�.� . �r NO.�'38��z >r , ,s8si ,� �' � ' � �-� �. :.cc � �a � :� t � ,: ' � ^P , .a.. > . ' ' � r ... i � :. "ry..��w. " i � ;� � TRACT B . � ....wt �«• � I ; ,. .� � :,. ; , � "' — .v � ' �•.� !� f.-�� `a.,i- � l . , � r�;' .�t '� . ' .� � � : � ��`y i�: '� � . .. . . . ,. :' � � , : �: • .�. � . . , , �' , i � . , • � <r -7 � • �i . �.t��• �_ '.,�, 1 . � '_. w.x.rx.- .. _.>�� , .. �—_.. ___e� —. ..�;...w:. 0 TT1ENf10N OF� � _. _ n �%Q.t.Ywr . 9 . . .L� .r CITY OF FRIOLEY , 6431 Univ�r:ity N. E. -. Minnaapoli: Minn. 55421 612-560-3450 �� , r - i � , ... . .. ... . _ . . ` _ _ � / �.• �� , i � �. ! . -, .� � � � , � . . . . /, � 1 � � ( � , � . �; , i �i . t .� ' � , � � �. � , ( • ` . • �' � •> t I' .► . ' + 1 � � • 1 l'� � � �� IGNAitiRE � � � tEPIYi 0 OAT� SlGNATURE REPUER'f COPY-RETAIN fOR YOUR HLES i{EMO T0: F�l: DJIT£: RE: OfFICE OF THE CITY MAtdAGER FRIDLEY. MINNE50TA COUNCILAWN STARWAl.T ' CITY MANA6ER OCTOBER 15, i976. QUESTION OF CERTAIH LOTS IN INNSBRUCK NORTH HAYING PARTJAL OR NO ASSESSMENTS. ' ' - -. . . :v� Ms: ��q �i. called me and showed concern that there were 15 out of 1Q7 7ots in Innsbruck Morth that do not carry ar�y assessments, and she asked the legality of it and also what State Statutes we used to adopt the procedure we followed. I indicated to her that we used the State Statute Chapter 429. I a154 indicated that the�City had concern that because of difficult terrain in the area and also the potentiaT of certain lots being let go because of high assessments and become tax forfeit> which in turn would put tfie potential burden on the City, the City took the position oF nat assessing certain tots to protect our interest. Qut of 15 lots, three lots on Gardena had some prev9ous assess- ments on them which were maintained but no additional assessments were put on b�cause of the Innsbruck North development. • I have checked with Yirgil Herrick exptaining the reasoning behind th� City's approach and he indicated that as long as it was the agreerr�ent between the City and the property owner who owned the total property at tbat time, the procedure the Gity fol]owed was legal. If there is some concern of the property owners about this item, it would � have to be resolved between the new buyers and the person from which they bought the property. It is a common problem that people experience dealing with deve]opers and other property owners in acquisition of the property. All the City dfd was try to protect the general City interest. Alsa I am attacbing a map that we had received rrom the sales people of the developer, and it is clear that they put different prices on different lots, alor�g �z�lth lines through 15 lots which indicates that these lots would not have dny assessments, so that normally the cost of a lot is based on the cost of the -1ot and tbe cost of ali the improvements. We do know that when the developer was setling these properties, they did make koown to the people which lots did not have assessments, so in turn making the cost of these tots lower. . I eacouraged the lady. if she had any further questions, to call me or any -other employee of the City. If her lawyer has any legal questions, I told her he shoulC contact the City Attorney. I hope this, plus the additional information we provided you previously, gives you a reasonable picture of the situation. If you need any additional information, ptease feel free to call. NMQ/ms CC: Marvin Brunsell, Mervin Hennann Dick Sobiech. 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" • • . � � �• ••• w ort+e.. �e: w+»... ce�o.vde. .L1wd.wqwi, :k.. w.ko , ;, • .� '• - n • . . .• , • , • • • ,� .. t►xuG.� O�tkss ' . . : M . • :. '.. • .. •. . . � ' .. � t , ' • •.. .• . � iELFYkON! ilI/533�2SSS i' ' '; ' ' . �• • . • � • :.. ; ?•. �. ; •.. 8403 EROO✓.LY4:0'11S'YA.^.� ' , .y,, ; , ��' •F � :, • �•, ,. M�bNf�OLtS,AtlN�ESO:A 354:9 , .�' • i :�•� ��`� .��..•. .. "•.. , , ' : •�" �'}•''• �� •�� . • , . . , ' '�:' `' ' � • i �'�1'�ti'•. � ..� •��•��• ' ~�` 1., . . •�' •w:'r .:� • . • '-.��., ��' ' �•�. .•'i� . '..0 '��♦ •'i:. ( .�i� ' � " '�: . :�',,. . , , . . .,. .•'.f° •��";+ ' ' . ' .'. , :�. . ..' ,.r: :. . ' • . . .. . . r . . _ . . . . . . • . . . . . 4+ .�L. �~"...UVU�.J`��Gti1 • . � DEPARTMENT OF NAiURAI RESO�URCES � June.27� 19?? Darral Clark City of Fridleyr b�,31 University Ava. N.E. Fridley� Hinnesota. 55432 Dear•Hr. Clarks t3etro Re�j.on Headcuartere waLers Sectim � 1200 laarner P.oad St. Pau2, I�3naesota (b�z) z45-?523 55106 The Department haa determfned that four Type III wetla-tds are p2atted to be develoaed in the 2rcd addition of I:insbn:ck North. These wetlands ful- f`il.l the Sollaring criEeria used to desigrsate public waters. 1) P.ete.Rtion 03' xater Lc+ prevent or reduce da,mstrean flood'as�G. 2) Enirapment and rete:r`..ion o£ nutrients and oLher naterisis :rhich impair the c1uxlity oP na.ural resources. 3) tiildliYe ]�abi.tat areas for the spa:ining� rearingo � teeding and nesting of t�rild]ife. P.egulatory noxer over public Haters is detexmdned by ?iinnesota Statutes 105.42• �V develoaneaL t,rithin ihese vret- lan3s that is subject to 2�,S:1�5 requires e water resm:rce perc3.t Sron the Departux:►i. �� At the pressr�t� �e have detenYined tne stetus of the 1�� SII s,retl�nds in the 2nd additio� to be pub2ic �.rate:s. There:ore, o�e are reo,uesting you �o de2a;� issuance of bt:ilding psrJd:ts oa the fo:1o;'�n�^..lots ia � d zddii3m.. Block 1, Lots 7 tc Q��32xk 2s:ioLs 1�`��5,�j13,14; Block�3,r� LoL �(�So6,7 If a-L,� b:i).@i� perr.d�s on ihe r�3ave lo�s�i:�e beey i�sued�pza.or t �t a: t:ds letter, the persa.�s receiving t}sose pe:ad:ts should be notified ai oace t:�»t ICI2 nerr.3ts are re�uired. If you desire t`u�t.her clarificat3on coacezr3ag this natter� please call �a at 295-'S23• I aT enclosi-4; a list of tne cr3Le:3a used to desi�a�e publ3c waters so that 3litsre develoa�eai in Fridley :�rill. exclu�e tiieLlaz3s of this type. ��,��,� � d�� P.�!:{:i?L'i: jr. �i")CIil.'�1;2'8 Yaars t:vx7;,•, FS 1 h 3 �', �' �, �� .s'�cL� -.: �j',� �Roaald D. Ba::tsck � .., ;` � � ReEior►a: Fb�dro2o;.sL r+i *- m � �,/.6(� l��,oc'c7� 4. � i� i"; ��}{. �: i� i � l,�.�.litari r;ti � }{``d y�'�!''�' v�-t°"O`' D . :. � a�.�+vi�""' r N �� . J/ ADMIHIST�ATIVt StRVICt• • WAtERS, 501iS, �-AND MINERFl1 ' LAN�S AND FOREfTRY GAMk ANO i1SM • 1ARKL ANO RECREATION • ENiORCfMENT AND fIEID tERVIC! . � '�s�2�I ' ` -i -�c 0 � �, O r m � J � J� J �.� �_. ` � CRI2E8IA FOR I7�3ICNSTI02J OB �r�,xns �s r�.ic wnr�s � . 2`� � � .,.-. a� .Nater aupp7,� ior muaicigal� industrial� or agr3cultural yurpoassi b) aecnar� oi vaa.r�o,ma ,�st.r stratsj c} 8etantioa of water to prervent oT reduos doxnstream tlooding� therebT miniaiairg asoaloa an4 s�esttltaat propsrtT daa�age3 d) Entxa�m��G aad �reten�ion oi nutrienta and other aax�tsriels whicL impair the quslit� ot nstwrnl reeoisces} . e) Recrentional aati.►itiss sucl� se ewimming� boatin�g, tiehing� and � huztin3i r� Yublia nsrigstfon oLhar tban tar recreatlonsl purpoa�s� , ,g� Wildlite habitat aress Sor 'Lke agawaing� ryucitsg� Zeeding� and neeLing oi xildlita; h) Aress deaignated aa acieat3Yic and natuxal areas �' n R � / �.'r . . � „j�,'r� . t; f,. , , . � "�� ; A � a �:� � t,� � M i� . HARSTAD -T(?DD CONSTRUCT[ON CO. I 24GO SILYER LAKB RD. • N@W BK1GkTON, MtNNE3GTA 55112 •• PHONE b36•�751 September 7. 1971 City of Fridley 6431 University Ave. lI.E. Fridley, 21n. 55432 Attentior.: City Gouncil , Centlec�en: I am the osmer of a number of lots in Innsbruck t7orth. The Department of Natural nesources ia claiming jurisdlction over a number of these : • lots� and I understand they have required you to withliold tl�e issuance of Euilding Permits on tnese lois. I am writing to request an audience witn you so tnat tiiis problem raigl�t be further discusseu vith an eye tor�ard its solution. Thaai. you for your cooperation in tiiis matter. Yours truly, .-{j j .�;�' �� rP.t�.- .��.� � .� Keitit T.:iaYStad k.iii/em . . . � . K::..'."' .{ / �� Dennis Sch�ider Councilmen Wsid ?, Ciry of Fr/d/sy 818p Stincon Blvd. Fridley, MinneioU 66432 677-705$ AoYember 5, 1977 Mr. A. L. Keaaeri 55�5 Mest Denube Road Pridiry, Mlsnesota 55�+32 Dear Mr. Mesaeri: It vas e pleagure meetiag you the other night nt the coffee party held for Bill Aee aad Pat Cnble. Aa xe diacussed on the phone I've obtained most of the iaformntioa vhich you had requested. Thia Sn- formation ia mclosed with this letter. It consfsts of the folloving: 1. A copy of co�uaicntions lrom Hnrsted-Todd Constructioa to the City of Fridley regnrding late in Innsbruck North. 2. A copy of correapondeace trom the Minnesotn Department of Raturel Reeourees to the City of Fridley dated June 27, 197T. 3• A copy of the form vhich the City of Fridley is using to inform the Department of Hatural Resourcea when a building permit on oae of the lots Sa question ie being requeated. 4. A background correspondence regarding the assessment eituation oa certnin lota in Inasburck North. As ve discussed oa the telephoae the other dqV Mr. Mueller t�om the Departmeat oP Natural Reaources had indicated tha�t nt this time hia department would prefer to nvoid court litigatioa over the lots in question�therefore they are negotiating on a lot by lot basis with the developer. As We've talked about� the City is in the situation vhere iL muet iasue the building pexasit unless the Dftit specifical�y dlrecte the City not to do eo. I have made arrangements xith our Building Department so that I will be notified each time s pernit application is filed for one of the lota in question. I'll ce11 you vhen this occurs so thst you have thie inYormation. I plan on discuasing nith the council s generation of s policy con- cerning �� land developmeat. h(r. Mueller hns indicated that he xould be happy ta nppear before the council to discusa th3a important issue. � -2- . . �� T'm eorry that .at thie time neither Y nor the City enn be of much help to you in thie pnrticular situation. We're effectively caught between the requirements of the law end the inaction oY the DNR rrith regards to eaforcement of the vet landa lari. I'll be in touch vfth you ae soon as I have any addit3onal information. D6/cn Et�cl. Sipcerely, �.fAv)ns �G� Deanis Schneider Councilman Ward 2 City of I�idley � -� �� Novaiuber 14, 1v77 55U5 '1. Uanui,�: hn:id Fridl.c�•, P:inn. 55�i12 W111iam 11ye, Crnwnissioner State of Minnesota Department of Natural Reaources Centennial Office Building 3t. Paul, Minnesota Dear Mr. Nye; We are residents of the 2nd addition of Innsbruck North in hhe Cit�� of Frid).cy. Dn June 27, 1977� Ronald D. Harnack, N.etro Ref;ional 1lyc�rologivC, �arote tl�e attached leCter to elie City of Fridley. ❑e indica�ed l•l�at the UNR l,ad �tetermined tha status of the �ype III wetlands in the 2nd addition to he puhlic watera, based on criteria specified in Minnesota Statutes LOS. Despite thia designation, our Councilman, Mr. Dennis Schneider, has infortned ua ttiaC because your department "prefer(s) to avoid cour[ litigation over the lots in question", building pexmits are being issued. 1�e understand that this poaition may have resulted from "pressure" from the developer. The fect that the original developer and the city agreed to e�cclude 15 Lots in thia area froco aaseasmenta clearly indicates Chat they did not expect to develop ali these lot3. Wa, the current residents, paid dis-groportionaCe assessments 6ecause of the wetland 1ots� yet the developer apparently has convinced the DNR he may aomahow be deprived by by not being allowed to develop all Ghe loCs and completely destroy the wetlands. It is LronLc that within a mile is Moore Lake, ruined because of iclentical watlaAd destruction. Fxidley will now seek federal funds (our funds) to attempt to save the lake. Yet, you are unwilling to risk court litigation sgainat a developar motivated only by additlonal profits to himself. We ask you to reconaider your poaition and imform us whether you will act to stop further development i�rmediately. Depending on your position we will consider further action. Regarda, Vl - 4�.,/ 'u-'-�"'�-�' A. L. Messerli ALMsjkp Attach�ments � ��- STATE OF [r�J (� C� ��4Ga DEPARTMENT 1200 Warner Road, St. OF NATURAL RES4URCES Paul, MN 55106 Novemhar 28, 1977 Mr. A. L. Messerli 5505 West Danube Road Pridley, MN 55432 Dear Mr. Messerli: INNSBRUCK NORTH, CIT1f OF FRIDLEY Cottm�issioner William T3ye has requested me to respond to yours of the fourteenth. 31� The situation at Innsbruck North is a very difficult one for a resource agency without comprehensive land use authority to deal with. The plat was approved by the City in Lhs early 70s before the advent of the Environ- mental Quality Board regulations under which a mandatory Environmental Assessment Worksheet would now be required. The Rice Creek Watershed District likewise approved the on-site storage plans far stormwater runoff which exceed thefr minimum requi;ements. A mmiber of lots, including.yours, have already been filled ai least in part. By the time the DNR became invalved, much of a fornier larger wetland (ten acres or more prior to filiing) had been converted into building sites for homes under the authority greviously cited. Four smaller (less than one acre each) wetlands remained subject to cont.roversy, These smaller wetlands were not (and are not) needed for floodwater retention, according to the watershed district permit. Nevertheless, the Regional Waters stafF has worked with one of the developers to preserve and enhance the environmental values of a portion of one of the a.s,a� o{ wetlands as mitigation for development activities. This wetland is located ��u �� in Slock 3, Lots 4-7. We are currently working with developer Keith Ilarstead to obtain a permit application for additional development. It is our intention to require further mitigation in the process. This is our normal procedure for residen- tial developments affecting public waters in the Metro Region and is not the result of "pressure" from one or more developers. If ypu are dissatisfied with past or future permits issued by the DNR, you �,jU.}e. l are advised that Minn. Stat. Chapter 105 provides recourse through the City, which h:�s the right to demand a public hearing within 30 days, ACMIHISTNATIYE SERVICES • WAiERS. 501[S, AND MINERAIf • lANDS ANO fORESlRY GAME AND FISH • /ARKS AND IIfCREATION, • ENfOI10EMENT AND FIFLD SERVICE . ..e".�'.k��sl � �� Dennia Schneiddr Couxilman Wair/ ?, Gry ol Fridley 8180 Stinwn Bivd. I . Frldley, Minnewta 65432 571-7058 December Ib, 1977 Mr. A. L. Meeeerli 5505 West Dnnube Road Fridley, Minnesota 55432 Dear Mr. Meeserli: I em ia receipt of your letter to Willfam Nye from the Department of Natural Resour¢ea dsted Ravember 14, 1977 a�d Mr. Seymour's reply. Thank you for copying me on your correapondence. Ia Mr. Seymour's reply I pnrticularily wns interested in the last pnragraph on the first page regarding the provision of Chapter 105 vith regerda to a public hearing. I referred the letter and the matter to our city attoraey vho found the language that Mr. Seymour vas referring to in 8ectione 105•k4 auhdivisions 3 and 6. Subdivision 3 indicatea in part, "the chief executive officer of the city or town may Within 30 dqys nfter mailed notice thereof file with the conrmissioner or demand for hearing on the application". Hovever, in subdivision 6 the larr goes on to state, "except where a publie hearing is demanded by a public authority vhich is nat the applicant, the applicant shall petiY the Polloving: 1. Costs of the stenographic record in transcript. 2. Rental expenses, if +iqy, of the place �f hearing. 3. Costs of publication of orders msde by the co�nisaioner". It goes on to say, "vhere the public hearing is demanded by a public authority vhich ia not the epplicant, the public authority making the d�and ehall pay the cost ead expenaea listed above". �'jnce the city is maintaining n neutral poeition ip the matter and since it wss the DNR which de�lared the lota in queation es wetlands the city aould be in a poor position to argue one we�y or enother regarding the issuance of the DHR permit. Traditional�y the cost aspecta of aubdivision 3 would, in � opinion, make it extremely difficult to obtain the b required votes on the council to requeat such a hearing. Our clty attorney suggesta that �you so desire that you file an appeal under Chapter 105.47 since any party in intereat mqy appeal from a determination of the co�isaioner. I have no new informntion regnrding additional permits beinq filed or granted either by the city or by the Department of Natural Resourcea. I vill continue to keep you informed uhen these permite are requested. Again, thank you tor keeping me advised vith regard to this matter. Please feel free to call me if you have any questions. Sincerely, ✓V fi+�m.: l�. l..y�� . Denaie Schneider Councilman Ward 2, City of FSridley DS/en r . � Mr. A, L. Messerli �,�'j '. November 28, 1977 Page 2 As in the past, you or your attarney wili also be given the opportunity to r� �' provide input directly to Regional Hydrologist Harnack on further permit )� proceedings affecting Innsbruck North. Please feel free to write or call if you have any questions. I,S: ls cc: William Nye Don Carlson Ron Harnack Councilman Schneider Sincer�ely, � c � rr e r, Regio 1 dmi strstor � FRIDLEY CIT RELULA2 LUU:IQI ItCETiflG( DSC Of /dLCG1ANLE: L LALL: ROVAI OF F1INUTES: PUBLIC NEARING� DE[EMBER IP. S9�I I' REGUtAR MEETING, DECEMBER I9� ]SII "HiliSTRATtDf� OF 0,1TII OF OFFICE TO ELECTED OFFICIALS: t1�GUers Ji NEF. M4YOR ROSERT L. BABNETTE, CAUNCILMEMB£R-AT�IAR6E bI'ffOtt DF AGEtlDA: �� Fosu�, vtstfoes: ��CONSlDERATION OF IIEMS HOT ON A6ENDA ^ IS HINUTES� �� Bi�S��$$: . WYANCE OF SL�iEO TO �SUMlS OF PEACE FOUNJ1AT10N � ,TABLED iIOYEMBER ZS. I9%%)� . . . . � . , � . , . . . . . . 1 Eif BUSIIIESS: .ONSIOERATION OF F1RST READING OF AN OytD1NANCE FOR iALE OF REAL ESTATE. . . . . . . � . . . . . . . � . � . • Y iANSI0EMT10N Of OqpINANCE TO CONTROL UNNECESSARY ENGINE IOISE AND TIRE SGUEAI• • . . . . • . . � . . . . � • • • � S J/ - JA�IUAItY 9,, 1910 / 7:30 F �SCUSSION N{T!1 DEPARTM[NT OF NA7URA� RESOURCES REPRESENTA- TIYE REGARDING (iET LAND AREAS IN CiLY Di FP.IULEY. .,,,, RECEIVING iHE IIlNUTES OF iHE PLAIlNING COIMf155fON i1EEilNG Of DECCIIBER 21, 197) . . . . . . . . . . . . . . . . $ Y RECEIYIkG THE I'iINUiES OF TNE iOLICE COMMISSION P�ETING OF,IIOVEP78ER iG� I9%%. . � . � , . . . . � . . . . . � CANSIUERATION OF C�UNTER PROPOSA4 REGARDlNG � DONAT(OtIS U'i BINGO OPERATORS� , . � . . . , . , . . , . . , ) �CONSIDERATION OF REAPPROVAI OF NILLMIND AUDITION ZPRIOR APPROVAL SEPTEMBER ZO, 1976). . , . � , . . . . . . $ C-0NSIDERATION OF EXTENSION OF CULVERT FOR %%3G AIDEN NAY: DON NHITE. . . . . . . . � . . . . � . � . � . . . . . 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Danube Road Fridley, MN 55432 July 15, 1978 Joseph Alexander, Comnissioner State of Minnesota Department of Natural Resources Centennial Office Building St. Paul, MN Dear Mr. Alexander: ., Attached is a letter sent to Mr. Nye last year regarding destruction of wetlands in Fridley. Despite our efforts, this destructioa is pro- ceeding rapidly. The wetlands are in the process of being filled today. Recent pubiicity indicates that Minnesota will lose one miilion dollars because our program to acquire wetlands is lagging. The reason, apparently is not lack of opportunity. We are, once again, requesting your inmediate action to stop destruction of these wetiands and restore them, as much as possible, to their original condition. Regards, �. ,9\ . ��.�'.-'�-�-�--�.' . . Messerli ALM:kg cc: Gov. Ruc�y Perpi ch Warren Spannaus Rabert Mattson Fridley Environmental Quality Council Dennis Schneider CO2+@1UNITSC DEVELOPMENT COI4IISSION MEETING JULY 11, 1978 MEMSERS PRESENT: LeRoy Oquist, Connie Modig, Herman Bergman, A1 Gabel, Kenneth Vos MEMBERS ABSENT: None �.OTHERS PRESENT: Jeff Christens�n, Planning DeparCment CALL TO ORDER Chairperson Oquist called the meeting to order at 7:35 P.M. APPROVAL OF JUNE 23 1978 COMMUNITY DEVELOPMENT COMMISSZON MINUTES MOTION by Mr. Bergman, seconded by Connie Modig, to approve the June 13, 1978 Community Development Co�ission minutes as written. Mr. Oquist stated the only change he had was he stated in the minutes that someone fram the Energy Commission would be at the meeting but that person would be at the Planning Cou�ission meeting tomorrow night instead. � Mr. Oqnist asked if there was any other ctianges. IIpon a voice vote, all voting aye, the motion passed unanimously. 1. DISCUSSION: ENERGY PROJECT COP4SITTEE Hr. Oquist stated he hoped eve=yone had an opportunity to read the Energy Policy docwnent. He stated the thing he wanted to discuss was that tamorrow night we are suppose to formulate some goals and objectiues for the Energy Committee to the Planning Co�ission. $e stated that Chairman Harris, who is cha3rperson of the Planning Commission, will be the chairperson of the Committee for at least three weeks. He stated if the Co�ission had any ideas on goals and objectives, nrimarily for the Co�ittee, he would like to inpuC them to the Planning Co�ission. He stated he will open it for discussion. He stated tfie purpose of the Committee is to formulate a,plan for energy conservation for Fridley. Hopefully it will be able to attract eacperienced people in energy conservation. It will be'up to the Committee to establish a plan for the City. Mr. Vos stated he thought it should be more of a policy item. He stated he was involved in another emironmental co�ittee and that was recycling. Now he sees there is some question about it being an implementation committee or a policy committee. Persons who get involved are usually activists. It should be a broad scope policy. COMMiJNETY DFVELOPMLNT COMMI5SION MEETING JULY 11, 1978 PAGE 2 Mr. Oquist asked if it should be a cou¢uittee of. policy or implementation. Mr. Vos stated he thought it would be difficult to get the thing going unless you have a broad policy. He thought that was what the Council told the Planning Co�ission. 23�. Bergman stated he thought that the current organization answers the question. The Planning Coffiission is a reconmuendatory body and, therefore, any funetion reporting to the Planning Commission certainly is reco�nended to us. Mr. Vos stated rather than regulatory. Mr. Oquist stated there are two things you can recommend - policy and ' action. Mr. Bergman stated yes, reco�end. He asked if the city administration isn't really the action arm. Mr. Oquist stated they are the extension. The Council is the action bodp and the city administration is really the arm. Mr. Bergman stated he would call the Council the decision-making body and the city administrati.on action body is the implementator. Mr, Ghristenson stated the final decision rests with the city manager. Mr. Oquist stated we should clearly state what the function will be. He asked if the Co�ission had a chance to look at the Energy Project Cownittee of the Planning Co�ission's purpose and scope. He stated it was something prepared by Jerry Boardman but it is the basic outline for any sub-committee. Mr. Christenson stated Jerry wanted to cover a broad base to build interest. Mr. Bergman stated on the subject of inembership in this kind of case he did not understand why professional people in the state energy agency or NSP who are also city residents could not be voting members. Ae stated he thougfit they wouZd be more knowledgeable. Mr. Vos stated you are excluding people who might have some exnertise. He stated he was considering they could be back-up on A. through G. but they couZd also be used for a short period of time for technical assistance for a apecific item. You could have someone who is a resident homeowner and engineer for NSP. Tfiere should be support persons through the Committee. Mr. Oquist stated what you are sayiag is a person might work for NSP and live in Fridley and want to be on the Committee. Mr. Vos stated he could work for Minnegasco and you could bring him in when you want to discuss gas use. Mr� Bet�gmryn seated yes, and could he also be an established member of the Committee. , , � , COMMONITY DEVELOPMENT COMMISSION MEETING JULY 11, 1978 PA�E 3 Mr. Oquist atated yes he thought so. Mr. Bergman stated when �e set up the sign co�ittee we specifically excluded anyone from a sign business from being on the committee because they had their own thing. He stated they could sway what we were doing. Mr. Vos stated it could be the same. If he worked for HSP and one of the purposes in the future was solar energy iC could be generated one or two ways; one would be large solar collection fields owned by NSP and delivered to your house and you buy it from NSP or another way would be an individual homeowner have some kind of dev3ce in the back- yard. The'y have a vested interest in their own corporation. Pir. Bergman stated they have a stated interest in conserving energy. They do not have.salesman any more. They have energy consultants. Mr. Vos stated what he was saying is looking at Che membership he thinks there is balance of people who are invalved in the pxofession of energy and those who are consumers and that is the balance we �rant to keep. �fr. Oquist stated on the membership thing there was already two or three people - one was a retired NSP uerson and others involved in energy in the past. Ms. ?lodig stated ahe would like to suggest another person for the Co�ittee and that would be Ren Sporre. fie is an architect. She stated he was enthusiastic about it and would be a good addition to the co�ittee. She stated on the cfiairperson tFLing when you took care of the membership that would eli.minate anyone having a vested intexest in becoming chairperson, Mr. Oquist stated that will change somewhat. 2ir. llarris will be the Chairperson for three weeks and then they will vote. *_Ir. Bergman stated that no one on the Planning Co�ission wanted the position. Mr, Oquist stated that was correct. He stated if we could get them some goals and objectives it would get them started right. tir, Bergman stated he had a little t=ouble with one part. He tead scope and scope does define goals. It defines the one major goal which is you evaluate and develop rec�endations £or A., B., C., D., and F. Mr, Christenson stated on a broad basis it could be used as a goal. The Ylanning Co�ission is look3ng for ohjectives to meeC that goal. Some specifics. Maybe to narrow it down a little bit. I can see where that is a goal. COMMUNITS' DEVELOPMENT COMMISSION MEETING JULY 11 1978 PAGE 4 Mr. Oquist stated that is the goal of this Commission and from that we should came up with some objectives. Mi. Bergman asked if we are talking about guidelines. Are we talking about policy development or are we talking about establishing guide— lines. Mr. Oquist stated he was not sure. Once again I think it is to establish a policy for Fridley. That is the primary thing that has to be done. Mr, Bergman stated that is going to accomplish nothing as far as having any'effect on residential, industri.al or co�ercial. What they need is guidelines and recommendations. Also education and encouragement rather than policy. t�Ir. Qquist asked what a policy does. The city will turn off lights or something of that natureY Mr. Bergman stated he would call that guidelines, recommendations or procedures. Mr, Oquist stated a policy can be a guideline. t4r. Christenson stated he would like to see us go with guidelines. He felt it was less threatening. Ms, Modig stated she'didn't think people pay attention to guidelines. tSr. Berg�nan stated his understanding of a guideline is more specific than a policg. Mr, Oquist stated we are looking for a procedure to enforce a policy. Mr. Vos stated in the Energy Project Committee Report there are 52 recommendations. iv'hat would these be called. 2�Ir. Oquist stated if that is what we mean by policy we chould come up with firmer statements. Mr. Bergman stated they are calling these policy recommendations. [•That we are talking a6out is how to do it. There are ways to educate people on conservation. It might be pertinent to point out different fuel costs between coal and oil — present and forecast. Mr, Oquist wondered if it was the city's responsibility for that. Mr. Bergman stated if the city is going to accomplish anything he would think so. Iie did not think it was out of context to point out opportunities for dollar savings consistent with efforts to reduce energy. He stated that is what turns on industry and businesses. They aren't going to save a lot of money if it is going to cost them a lot of money. Homeowners the same thing. It is called:incentive. COMMUNITY DEVELOPMENT COMMISSION MEETING NLY 11, 1978 ___ PAGE 5 Mr. Bergman stated there are a lot of ideas on saving energy that could be generated. Hir. Oquist stated maybe we could publish them in a monthly bulletin. Either the Sun or Fridley Newsletter. Mr. Vos asked should it be a committee to establish a policy or should it be the Cammission. Mr. Chr3stenson stated speaking for the staff, if the staff inherits the responsibility of carrying out the purpose of what the Co�ittee lays down I don't think the staff will have anything to work with. Mr. Bergman stated he would see the Committee as recommending through the Planning Commission to the Council that the following list of ideas be inserted in tfie Fridley Sun in tfie next issue. The staff would end up doing it. Ifr. Oquist stated it would be considered a permanent co�ittee. This co�ittee would last at least a year. TEiey can make a recommendation after a year. Mr. Gabel stated the energy conservation matter is going to continue for many years, 2dr. Bergman stated ttiat one of the objectives should be they recommend specific energy saving ideas for publication. Mr. Vos stated he wondered if there was anything on financial assistance in the state level. One of them mentioned was insultation and a tax brea&. 2fr. Bergman stated that when you improve your property your real estate taxes go up. Ms. Modig stated that she thought if you make an energy conservation improvement in your fiome you should not be taxed on it, • Mr. Oquist stated the city could control that. Mr. Vos stated another one would be under regulation - is there any regulation on the nwnber of square feet of glass you can have in your home. Mr, Bergman stated it migiit be a gaod idea to check with othex cities on their guidelines. Mr. Christenson.stated he would do some phone calling and check it out. 13r. Bergman stated that the com�ittee reco�end guideliaes and get them published perhaps in a local paper. Industry alone is a sizable list. COMMUNITY DEVELOPMENT COMMISSZON MEETING JULY 11, 1978 __ PAGE 6 Mr. Oquist stated we should do more than just publish them in a newpaper. We are back to the public information thing. We should issue statements to businesses and residents to point out some of these things. ?'faybe we should come up with a staff person that really knows energy that can go to these businesses.and recommend things. . Mr. Bergman stated anyone in industry can call NSP and they will send out an energy consultant. The homeowners are the one they do not have the volume to get attention. Mr. Oquist stated all you have to do is ask and someone will come out to your home, tdhere there is money involved it can be an incentive. Mr. Bergman stated tfie main thrust would be residential. Mr. Oquist stated 'it can effect remodeling and new construction. t4r. Vos stated it will be a frustrating job to do a better 3ob then NSP. Mr, Bergman stated if this Committee came up with a list of recommen- dations and guidelines it would be a lot easier to look at them. Transporation, for example, guidelines on how to operate your auto to save on fuel. 'Piaybe someone �+ho spins fiis wheels should be given a ticket. 24s. Modig stated if you hit people in the pocketbbok it really makes an impression. t+g. Oquist stated he picked out some items in the state`s plan for the citq sucli as #2 under buildings. They could be part of the city�s plan. He stated one of the objectives of the committee would be to adopt stricter energy codes. Part of that objective would be to recommend what those restrictions would be. #4 ie another one - thia would relate to public infoxmation. � 7 under transportation is another one - buses around Fridley. Mr. Bergman stated that is one of the ohjectives of the bikeway-walkway system. i•ir. Christenson stated another item under transport$tion would be more park and Yide sites. We have one official park and ride site and a few unofficial sites. �10 and 11 could be included also. � Iir. Vos stated under lfl5.he wondered how manq homes were utilizing wood in their homes. #18 would be a consideration. A diacussion was he2d on district heating by sfeam and other methods, COMMUt3ITY AEVELOPMEI3T COM4tISSION MEETING 3ULY 11, 1978 PAGE 7 Mr, Oquist stated the energy commi.ttee wouJ.d have to make,guidelinea according to the state plan. . Mr. Bergman stated maybe the city would like to initiate an annual contest and give some award for the best enargy conservaCion in the previous year. This would be for industry. Mr. Vos stated having a conYest for ideas on saving enezgy. Mr. Bergman stated we could get the Chamber of Commerce involved in that. Mr, Christenson asked the Co�ission to what degree would they like to see our state senator and representative get involved with the co�ittee since they go to the caUital with the state policy. Mr. Gabel stated maybe they could be ad hoc members. Mr. Oquist stated this committee should reco�end some sort of a statement be passed on. Mr, Bergman stated the city has to set an esample. A good idea would be to publisii what the city has done, ?Sr, Oquist asked if the city wonld switch to using coal and what effect would this have on the environment. Mr. Bergman stated it would be expensive because you would need pollution controL Mr. Gabel stated he would be interested in being an ad hoc member as far as txanspottation is concerned. Mr. Oquist asked if there was_any other business. Mr, Vos moved that the meeting be adjourned; Mr. Gabel seconded it. Bpon a voice vote, a11 votirtg aye, the meet3ng �7��n� at 9:05 P,M. Resp�ctfully submitted, � ��c�� Gayle E: Goben Recording Secretarq . � � ` ` < � _ ,u.C�/ a �, /9 �� / `�� °�•�� _ � _ - - �vo}� ckC�on»�e �tJQIso�R '�ay R«� eree]c �err .- . ..... �arlhdf�fL�hti� ��J'�n e� .�,�6...�1��c� C�<cK �c>.-, .J io�r fdc.�t �/M o iJ 5.�' i � b�o�l 0- 7 t t J� . / �1CN �a�rJ �� SCNBA_CN C�S-�O- !� ST'LPQ.'r �h 7 �ANrF �C2i�Y Coa �3nlP,S _ : /C/G�li97L/J c�/'!lIl2/�-i�i✓hA/LSCnJ SQC 7Z.«- C�cFic r"e�.rac. . �dWiL" „�aG1�l�7� ��S' p.rc� C'RE�K �t�k. �d GU,4�� t`�� (��'r��e.r y,f <_ //�'r - �C�.,-� �'e�a-�-�-der� � �'oo � �-7'�//%�, _ _ __ _ __ _.. _ _ _ _ __ _ __ __ _ _ _ �� 1 :, � � CITY OF FRIDLEY ' PLANNING COMMISSION MEETING - JULY 26, 1978 " CALL TO ORDER• Chairperson Harris meeting to order at ROLL CAI,L: Members Present: called the Julq 26, 1978, Planning Commission 7:43 P,M, Storla� Harris� Modig, Schnabel, Langenfeld Members Absent: Oquist (Modig representing), Peterson flthers Present: Jerrold Boardman, Ciiy Planner APPROVE PLANNiNG COMMISSION MINUTES; JULY 12, 1978 MOTION by Ms. �Schnabel, seconded by Mr. Langenfeld, to approve the July 12� �978, Planning Commission meeting minutes. Upon a voice vote, all voting aye, the motion carried unanimously. 1. U1 SivlJLtl1 lYliL1JV113 GLR P1l1LLP�1 Vy12 IiVLPJ� OP�V11V1V 4VJ�vJ1 �L�l1� TO ALLOW THE CONSTRIICTION OF A SECOND ACCESSORY BUTLDING� A 24 FOOT BY 24 FOOT DETACHED GARAGE AT 524 RICE CREEK TERRACE NE. THE LEGAL DESCRIPTION OF THIS PROPERTY IS LOT 7� BLOCK 3� RICE CREEK TERRACE� PLAT 4. MOTION by Mr. Langenfeld, seconded by Ms. Modig, to open the Public Hearing. Upon a voice vote, all voting aye, the motion carried unanimously. The Public Aearing was opened at 7:l�5 P,M, Mr. Robert Nelson of 524 Rice Creek Terrace NE was present at the meeting. Mr. Nelson said that the outside dimensions of his attached garage mas 20 by 20 feet. He said that he needed the extra space because he owned three cars, two motorcycles, snowblower, lawnmower, and various other items, He said that ev�rything would not fit into his present garage. He said that he would be willing to place the garage on either the rear Northeast or the Southeast corner of his lot, He said that if it was positioned on the Southeast edge of his lot the driveway would go out onto 68th AvenueHrather than onto Rice Creek Terrace. Ms, Schnabel asked if Mr. Nelson planned to use either of the garages for any type of home business (ie repair work� etc). Mr. Nelson said that it would be used only for the storage of his belongings. He said the only repair work done would be what he would do on his own cars and engines such as o31 changing or tune- ups. PLANNING COMMISSION MEETING - JULY 26. �78 Pa�e 2 Mr. Nelson pointed out that Western Garage Company would be building the second accessory building, Mr, Boardman explained the setbacks that would have to be adhered to if the garage would be positioned at the Southeast Corner of Mr. Nelson�s 1ot, He also explained why the garage should not be placed at ihe Northeast corner. He said that once ihe setbacks were met, there would be very little room left for a drive-way going to the rear Northeast corner. Mr. Langenfeld asked if Mr. Nelson now wanted the Planning Commission to consider the positioning of the garage at the Southeast Rear Corner of the lot with access to the garage off of b8th Avenue. Mr. Nelson said that he would position the garage at the rear Southeast Corner of his lot. Mr. Doran Eding�r of 536 Rice Creek Terrace said that he was not in favor of the garage being constructed at the rear Noriheast corner of the lot with the driveway off of Rice Creek Terrace. Howevex� he said that he did not object to ihe location of the garage at the Southeast corner of the lot with access off of 68th Avenue. He said that he did believe that Mr. Nelson needed the additional space and he did not object to his having a second accessory building. He said that he could not anticipate any problems. Mr, Dan Gourde of 6800-7th Street NE said that if the garage was placed at the Southeast corner of Mr. Nelson's lot� it would be adjacent to his house and garage. He pointed out that his garage was 5Q-60 feet from the street. He said that if the building was allowed� he would want the garage placed at the same setback as his garage so that there would be an even line of sigi�t. He also pointed out that the curbing on that street were very new and he really hated to see it ripped up so soon, Mr. Gourde said that there was already a drivee�ay to the North of his property line. He said that he did not like the idea of having two drivemays abutting his property. Ae felt that they would act as a detriment to the value of his house. Mr. Gourde said that he was opposed to having the driveway off of 68th Avenue. He felt that the neighborhood was already developed and the rear yards were presently all open. He said that there were no other buildings located in the rear yards and he didn't want ta see a precedent set by allowing the construction of the second accessory building. PLANNTNG COMMIS5ION MEETING - JIILY 26. 1978 Page 3 Mr. Richard Larson of 506 Rice Creek Terrace said that he was mainly concerned about the adverse effect of property values on the adjacent land owners. He said that the rear yards were relatively open and there were no other buildings located in the rear yards. He said that the construction of the garage at that location would cause the removal of a tree and he dicln't believe that would be good for the aesthetics of the property. He said that even though Mr. Nelson didn't plan on any outside business being conducted, the property could change hands and the new owner could decide differently, Mr. Larson said that any detached buildin� was undesirable. He felt that the adverse effect of property values should be considered in the Planning Commission's deeisaion. Mr. Dowie Bouma of 525 Rice Creek Terrace said that he was also concerned about the advarse effect of property values. He said that most people had items that they can't store in their garages. He said that through�out the area there were storage warehouses that were built for the main intent o£ aiding property owners in being able to store items that they didn�t haee room to store at their residents. He suggested that Mr. Nelson store any seasonal items in one of the warehouses. Mr. Riehard Fischbach of 6810-7th Street NE said that Mr. Nelson presently had a nice rear yard. He sai.d if he put the garage in the rear yard he would have to take out some fencing and some trees. He really didn�t feel that the garage would look nice and the adjacent neighbor should not have to look at a garage. The entire openess of the area would be gone. Mr. Nelson explained to the Commission the contour of his lot. He indicated how he planned to position the garage. He did not fael that the garage could possibly cause any undue hardship to the adjacettt neighbors. He said that the top of the garage would not be much over the natural incline already present on the lot. He said that the tree that seemed to concern the neighbors was a weeping willow tree that had to be taken down anyway . He said that whethe�r or not the garage would be located at that location, the tree would still be removed, Mr. Nelson explained how he came to buy: in the area. He said that he presently considered remaining in that house for a long time. He said that there were no plans in the future of a move. He said that they now had a house and an area that he and his family liked. MOTION by Mr. Langenfeld� seconded by Mr. Storla� to close the Public Hearing. Upon a voice vote� all voting aye� the motion carried unanimoulsy. The Public Hearing was closed at 8:79 P.M. PLANNING COMMISSION MEETING - JIILY 26, 1978 Pa�e 4 Mr. Langenfeld indicated that he was weighing both sides in trying to make a fair decision, He felt that the accessory building should be compatible with the surrounding area. He said that it was the property owners yard. Ae also said that if Mr. Nelson did not have an accessory building, he could cery well store the items in the yard. He said �hat he was concerned about the aesthetic value of the area. Chairperson Harris pointed out that the burden of proof for denial was upon the city. He said that in the case of a deni�l the Commission would have to list the reasons, MOTION by Mr. Langenfeld� seconded by Mr, Storla� to recommend approval of the request for a Special Use Permit' SP #78-06 by Robert Nelson; Per Fridley City Code} Section 205.051�2'A� to allow the construction of a second accessory building, a 2� foot by 24 foot detached garage at 52� Rice Creek Terrace NE. The legal description of this property is Lot 7� Block 3� Rice Creek Terracei Plat �� with the stipulatio� that the garage be located at the Southeast corner of the rear lot with access off of 68th Avenue and that all easement and setback requirements are met; and that the alignment of the second accessory building be as closely as possible with the abbutting property owners structure without causing undue hardship ott the petitioner. Chairperson Harris suggested that Staff help work out the best location possible for the second accessory building. Mr. Langenfeld read a portion of a memorandum from the City Attorney to the City Council regarding Special Use Permits; �'If evidence is presented at the heari�g that the requested use is compatible with the basic use authorized within the particular zone and does not endanger the public health� safety� or general welfare of the area effected or the community as a whole and complies with such other standards ae specified, the Special IIse Permit should be granted and a denial would be deemed arbitrary� un].awful, and in violation of the applicant�s constitutional rights.�� Mr. Gourde wanted the drivew�y accessing the second accessory building to be the same as fiis drineway. He wanted some excavating done so that there wonld not be the four foot drop from his property to the proposed driveway. Ma. Schnabel felt that it would be an undue hardship to the applicant, Mrs. Marilyn Larson of 506 Rice Creek Terrace said that the additional driveway onto 68th Avenue would cause a safety hazard, She said that b8th Avenue was a well traveled street and she wanted that considered if the driveway was to be allowed. She also pointed out that the area v�as developed with homes having attached garages. She said that by allowing Mr. Nelson to construct a separate building in the rear of the property may set a precedent. She said that if everyone decided to have the second accessory building� the area would become nery aesthetically unpleasing. PLANI3ING COMMISSIOI3 MEETING - JULY 26. 1978 Pa�e 5 Mrs. Larson pointed out that the slope of the land in question was an important issue. She said that problems could develop if the garage was constructed without considering the lay of the 1and, Mr, Langenfeld pointed out to the people opposing the motion that he had weighed aIl the statements and concerns expressed by a].1 the people. He said that he had to abide by the rules and even after listening to everything being said he did not feel there would be enough information to deny the request, Mr. Storla said that Mr. Nelson had seemed very flexible with anything that was being suggested. He said that he wanted the garage and was agreeable to whatever stipulations the Commission wanted to put on the approval. Mr. Langenfeld said that the request would go before the City Council on August 7�, 1978, He told the people in the audience that they should also attend that meeting. Chairperson Harris said that the action of the Plantting Commission was to recommend an action to the City Council. Chairperson Harris explained that Mr. Nelson would have to abide and adhere to all the Building Codes. He said that the construction, the materials used, and the general design of the accessory building would have to conform to the existing structure and would have to be approved by the Buildin� Department, Chairperson Harris said that he did not share the concern of the grade differential as was alluded to by some of the nei$hbors. He said that he did 3ook at the property previous to the meeting and he said that the minimum grade of the structure would have to be 18 inches to two feet. He said that with those statistics the grade differential would only be approximately 3 feet. He said that it appeared there was enough land between the structures that the accessory buil.ding could easily be handled. Chairperson Harris said that he did share the concern of the surrounding property owners that a precedent could possibly be set. He said that the Commission had to keep in mind that the Special Use Permit was granted to the property and not the person. He said that he was not certain that the structure would be in eoncert with the rest of the neighborhood; however� he said that with Mr. Langenfeld�s reading of the directive from the City Attorney, the Planning Commission wasn�t left with much choice because there was no real proof that the construction of the second accessory building would be a health, safety, or general welfare hazard to the neighborhood� He said it would be very difficult for the Planning Commission to deny the request. PLANNING COMMISSION ME�TING - JULY 26. 197$ �,a�e 6 Mr. Boardman said that home occupations are not allowed to be carried on in accessory buildings, Ae said that if anyone did conduct a business out of an accessory building they would be in violation of the City Ordinances. Mr. Nelson said that a complaint from any of the neighbors that they felt a business was being carried on in the accessory building would bring immediate action from the Gity. UPON A VOICE VOTE� all voting aye� the motion carried unanimously, The Planning Commission's recommendation for approval of Special Use Permit� SP �78-06, with stipulations was sent on to City Council. 2. RE�UEST FOR A LOT SPLIT. L.S. #?8-04. BY ROD WAARA. EDINA RE�F, •: SPLIT OFF THE Z'VEST 7 FEET OF THE EAST 200 FEET AS MEASURED ALONG THE NORTH LINE� OF LOT 1� BLOCK 2� HAYES RIVER LOTS. TAIS PARCEL WILL BE ADDRESSED AS 11�0 CHARLES STREET NE, Mr. Boardman said that there tivas setiver and water in Charles Street. He said that the property in question was zoned as R-3. He said that avith the split off of the property, there would be approximately 10�500 square feet of land that could be developed with a duplex or triplex. He said that there was an existing house on Lot B. Mr. Waara said that the intent was to split off the westerly 100 feet of tha existing lot. He said that the p�ans were to develop Parcel A with either a duplex or a triplex. He said that the triplex would only be considered if a suitable plan could be found, Mr. Boardman said that the City would require five foot easements on all sides of the lots. In addition, he said that the existing utility easement along parcel B be extended to 20 feet to allow for Bikeway/Walkway easements as well as the drainage and utility easements. Chairperson Harris asked if they came up with a triplex plan that could meet all the parking and easements condition? would that be planned for the lot. Mr. G4aara said that basically a duplex was being considered. He said that from an investors standpoint, they would like a triplex; however� he wasn�t sure that all the requirements could be met on that particular lot, Mr. Waara said that they were requesting a lot splii and that they would work out the details with the Building Department. PI,ANNING COMMI3SIOI3 MEETING - JIILY 26. 1q78 Pa�e 7 MOTION by Mr. Langenfeld� seconded by Ms. Schnabel� thai the Planning Commission recommend approval of the request for a Lot Split� LS #7$-04' By Rod Waara� Edina Realty; Split off the West 100 feet of the East 200 feet as measured along the north line oi Lot 1 Block 2, Hayes River Lots. This Parcel will be addressed as �1�Q Charles 3treet NE, with the stipulations of five foot easements along all sides of Parcels A and B and the 20 foot easement along the east portion of Parcel B to be used as Bikeway/ Walkv�ay easement as well as utility and drainage easements. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONTINUE➢: ENERGY PROJECT COMMITTEE DISCUSSZON A. Geneva Harper� State of Minnesota Energy Agency Ms. Harper had an emergency in her family and vras not able to appear before the Planning Commission on July 26, 1978. Mr. Boardman suggested that the Planning Commission act on the Energy Project Committee and to consider using Ms. Harper as an information resource for the Energy Project Gommittee. B, Review Scope Mr. Boardman indicated that the ad for membership on the Energy Committee had been put in several newspapers as well as on the Reader Board in front of City Hall and on Cabel TV. He said that the response had been slow but believed it would improve as people had more time to give it some thought. Ms� Schnabel said that she had talked to several people regarding the Energy Project Committee. One of the people was Pat Brennan of the League of Women Voters. Nis. Brennan recommended that the The Energy Project Committee get in contact with the Anoka County Community Action Program resources, This Program has done much on the subject of Energy. Ms. Schnabel suggested that the group be contacted either as a possible membership on the Energy Project Committee or as a resource, Mr, Storla referenced the Right to Light Bill. He said that the bill gave the authority io the City to bake whatever measures necessary io protect anyone who would plan to utilize solar collectors, etc. to help in the conservation of energy. Mr. Storla felt that one of the things ihat the Energy Project Committee should do is come up with an Energy Plan for the City and have the "Right to Lightt� a part of the regu�:�tions, PLANNING COMMISSION MEE�ING - JULY 26. 1978 Pa�e 8 Mr. Boardman said that it wouldn�t necessarily be the function of the Energy Project Committee to develop certain regulations. He sai.d that it would be �i�Q�r.responsibility to make recommendations to the Planning Commission for action to the City Council for the specific directa�n of an Energy Policy. Chairperson Harris said that it would be the responsibiiity of the Energy Project Committee to develop an energy policy for the City of Fridley and not to develop ordinances. Mr. Langenfeld felt that the Right to Light Bill should be incorporated in every existing ordinance that was applicable Ms. Schxiabel felt that the Energy Project Committee could develop energy conservation ideas with the goal that the citizens of Fridley could obtain a-reduction of energy �ogsuanption. Chairperson Harris said that would be included in the implementation phase of the Committee. Mr. Langenfeld wanted to know what was the point in the discussion that took place at the July 11, 1978, Commuaity D�velopment Commission meeting regarding the Energy Project Committee. Ms. Modig said it was decided that most people don't really believe that there is an energy problem. She said that the Gommission basically hoped something more specific could be recommended to the citizens to help them reduce the consumption of energy� Ms. Modig personally felt that there should be some provision in the ta�c system that would give people t� credit when they do an energy saving procedare to their homes rather than re- assessing the property and raising their taxes. Chairperson Harris said that some energy saving projects can be used as income t� reductions. Mr. Boardman said that as long as the taxes are based on the assessed evaluation and if someone isn�t paying their share of the market assessed value of their property because they were getting a credit on that assessed value, the amount that ihe person receiving the credit doesn't pay has to be passed off to someone else. He didn�t believe that anyone could expect any credits on assessed evaluations because they produce an energy consumption reduction improvement to their homes. PLANNING COMMISST.ON MEETING - JULY 26. 1978 Pa�e 9 Mr. Langenfel� said that if geople were going to be assessed for making an energy saving improvement in their homes� then it would seem that the:whole purpose would be destroyed. Mr. Boardman said that many people are ins�alling energy saving devices because the cost of energy is going up and even though they would be assessed they would probably be saving in the long run because of the hi$h cost of energy. MOTION by Ms. Schnabels seconded by Mr. Storla� to adopt the Scope of the Energy Project Committee of the Planning Commission as written. Upon a voice voie� a11 voting aye� the motion carried unanimously. �. CONTINUED: PROPOSED NOZSE CONTROL OR➢IPIANCE Mr. Langenield stated that the Proposed Noise Control Ordinance �vas enforceable. MOTION by Mr. Langenfeld, seconded by Mr. S�orla, to receive the Minnesota State F?e�ulations regarding the Minnesota Pollution Control Agency� Noise Pollution Control Sectiont and the Snowmobile Requirements, Section 121�.07. Upon a voice vote� all voting aye� the motion carried unanimously. Mr. Boardman said that he would locate all the referenced documents and have copies sent to the Commission members. Mr. Boardman said that Sec. 12�.,04 General Testing and Measurement Procedures listed on Page 29 should be reworded to say, +�,.,shall be kept on file at Gity Hall by City Official.�' Mr. Boardman indicated that the first part of the statement under Sec 124.04' ��The City Official sha11 adopt guidelines establishing the test procedures and instrumentation to be utilized..,.�� should be a policy set up that could be reviewed. He didn't feel it should be totally set np by a City Official� Mr. Boardman said that the first statement on the top of page t�0 Noise Impact Statement� should be deleted £rom the text. Mr. Boasdman said tflat there should be nery strict guidelines set up to judge whether or not a Noise Impact Statement �vould be required. Chairperson Harris said that when a City started laying down limits� they had best be sure of what is actually being talked about. He felt that the PCA was vague on some items. PLANNING COMMISSION MEETING - JIILY 26, 19�8 Pa�e 10 Mr. Boardman said that there v�ere certain things in the Noise Ordinance that are good to have a control on� but he said that the control was already in the Zoning Ordinance. He said there would be no way to reduce the noise level of a road system without changing all the tires� all the road surface patterns, etc. Mr. Langenfeld suggested that when they received al1 the copies of the documents from Mr. Boardman, the Commission members should review them and then decide exactly how they felt about the entire package. Mr. Boardman said ihai throughout the Ordinance the term "Noise Officer+' was used. He suggested changing the term to t�City Official", Mr. Boardman said that Item D, Comprehensive Plan, on Page 1�1 should be termed� �+Site Plan��. Mr. Boardman referenced Sec. 12t�.07, Snowmobile Requirements� Page l�l. He said that it �as mentioned that the Snowmobile Ordinance be amended to include the noise regulations. Mr. Boardman said that the noise regulation should be in this document with the mention of the regulation in the Snotivmobile Ordinance. He explained that the reasoning was that it vJOUld be much less confusing and less complicated to bring these ordinances into this document, than to take these ordinances and put them into the Snowmobile Ordinance and then docuraent this Noise Ordinance for these regulations. Mr. Boardman explained that several items of reference had be delbted because the Sections referenced did not exist. Under section 12i�.08� Operationzl L�:mits�, Item (a) � there no Section 8.68; Item (b) there was no Section 10.29.02. to was Mr. Boardman referenced page t�-2� Section 12L�.Og, Public Nuisance Noises Prohibited. He said that enforcement of the entire section would be impossible, He read over several of the items and explained why they would be unenforceable. Mr. Boardman referenced Section 124.1p Exceptions� on page y3. He said that if there would be any exceptions to the rules, that decision cannot be made by a Staff person. He said that the exceptions had to be done by due process that would have a set procedure. Mr. I,angenfeld said that he a�as not very pleased with the Noise Ordinance. , PLANNING COMMISSION MEETiNG - JIILY 26. 1978 Pa�e 11 Mr. Boardman said that possibly what should be done is to take the different sections o£ the Noise Ordinanse and incorporate them with already e$isting Ordinances. He said that the part of the Noise Ordinance dealing with Snowmobiles could be incorporated in the Snowmobile Ordinance� and the section regarding industrial noises could be included in the Zoning Ordinance� and so on. MOTION by P4s. Schnabel� seconded by Ms. Modig� to table the Proposed Ploise Control Ordinance until it can be put together in some other form. Upon a voice vote, Mr. Storla, Ms. Modig! Mr. Harris, and Ms. Schnabel voting ayei Mr. Langenfeld abstaining� the motion carried. 5. Mr. A. L.M�sserli of 5505 West Danube Road� was present at the meeting regarding this item. Mr.Messerli revietived the correspondence that had taken place regarding the area in question. Copies of the exhibits were included with the Agenda Package. Mr,Messerli indicated that he had become interested in the subject a couple of years ago� along with many neighbors. He said that they became aware of various lots that pertained to public wetlands. He said that he talked to the DNR and Mr. Ronald D. HarnacK the Regional Hydrologist,had issued one of the e�ibited letters to Mr. Darrell Clark indicating that the lots in question tivere Type III wetlands and should be considered Public GVaters. Mr. Langeafeld said that the entire Environmental Ruality Commission took a tour of the area. He said they cvere concerned because some of the wetlands are being filled right novr with ��junk�+ (cement� foundry Castings� 50 gallon drums� etc.). Chairperson Harris said that the County was very specific on the type of fill that can be used ior fill. Mr. Boardman said that if the person doing the dumping tivas caught, the City ivould make that person remove �hat was dumped. He pointed out that it c�as quite impossible to «catch" the guilty people. Mr. Messe�li �sked if Buildin$ Permits had been issued for any of the lots in question. He also wanted to know if land could be filled cvithout the issuance of Building Permits. He pointed out that at least 50 large truck loads of fill have been put into the lots� PLANNING COMMISSION MEETING - JUZY 26. 1978 Pa�e 12 Mr. Langenfeld said that during the Environmental Quality Commission's tour� they all observed the debris on the lots in question. He said that the entire commission wanted to rectify what is happening. He said that it was not anly happening in this particular area� but throughout the City of Fridley. He said that they also discovered that several permits that had been issued had not been adhered to as far as drainage= etc� Mr, Langen£eld indicated that lUetlands definitely served a purpose. He said that if the lots in question tvere classified as Type III Wetlands, then a DNR permit had to be granted. He said that there tivas definitely a t�ti�rong" situation in Innsbruck North, Mr. Langenfeld said that the issue at hand was to try to impose a moratorium to halt any further dumping in the area until all items are carefully considered. He pointed out that if the moratorium was re£used� he has been requested by the Environmental Quality Commission to write a letter to the Ciiy Attorney to get an injunction to stop any further fill until the question is clarified. Mr. Boardman poinied out that if the DNR issued a permit to fill wetlands' then it behooved the City of Fridley to also issue the permit to fill the ivetlands. Mr.Messerli said that he tvas sure that the DNR had not issued any permit for one of the lots in question tha� dumping was occurring on, Mr.Me�serii.indicated that several of the wetlands in the area have already been dredged and £illed. He said that some of them had to be dredged to a depth ot' 35 feet and then filled. He gave some examples of the construction that has occurred in the past on lots in the designated wetland areas. He said that some of the homes had basically no rear yard area. Mr. Langenfeld presented the question for thought thai once all the wetlands �ere filled in� where c✓ill the water run-off go. Mr. Boardman,referred to the Drainage Report thai had been made by Suburban Engineering. He said that a drainage system for Innsbru�k North had been set up rrith the understanding that al1 the lots cvould be developed. He said that the Drainage System was approved by the Rice Creek Water Shed District� He said that there:_was a system of ponding areaU set up to take care of a11 the water run-off. Ae said that the water vfould eventually end up in Long Lake which is a feeder for the Rice Creek, PLANNING COMMISSION MEETING - JULY 26. 1978 Pa�e 13 Ms. Modig wanted to know what the purpose was in dec�axing the land Type III Wetlands if they are going to allow permits to build on the land. Mr. Boardman said that the regulations that designated the land as Marsh Developments did not take effect until after the Platting was approved in the development, One of the requirements of the development was to handle all the storm water if any Marsh Land/ Wetland areas were to be filled in. A Storm Water Plan had to be developed. He said there was a question at the time the Plat was approved as to whether the land was actually classified as Wetlands, He said that under the Environmental Quality Commission it was required to get an Environmental Assessment Statement on any marsh areas or combination of Marsh Areas in excess of five acres. He said that the City received a letter from the DNR stating that they could not issue any building permits on the Wetlands area because they were protected State public waters, He said that the DNR was informed by Fridley that if they required the City not to issue building permits in writin , then the City would not do so, However, he said t a.�i�`i�ie State issued a permit and the City would not issue a building permit, then the City would be involved in a legal issue because a contractor had purchased the property and the Gity was not allowing building on that property. Mr. Boardman said that the reason for the unequal assessment was because the developer had asked the City of Fridley to spread the assessments off the Wetlands lots onto other lots so that the Wetland lots could more easily/economically be developed. Chairperson Harris explained that the reasoning behind the unequal assessments was that the City of Fridley was afraid that if the assessments were spread equally, it would only be obvious that the better land would be built on first and it would have been possible that the lots in question would have land costs, plus special assessments which would make the cost of the land so high that the petitioner may let the land �o tax forfeit. He said that the City of Fridley was afraid that they would be "stuck" with approximately fifteen lots, Mr. Langenfeld said that the main point trying to be made is that the houses being built on the wetland lots are having water problems, He said that if the lands are being filled, the �vater has to go someplace and someone will be having critical problems with water, PLANNING COMMTSSION MEETING - JULY 26. 19�8 Page 14 Chairperson Harris said that there were stipulations on the plat. He said that one of those stipulations was that basements had to be put in 18 inches above the medium water table. He said that should someone decide to put the basement in at a level less than the stipulation, then that person wi11 have water problems. Mr,Messerli said that he has been led to believe that building permits have already been issued for Block 3, Lots 5, 6, & 7. He can't imagine how homes could actually be bu31t on those lots. Mr. Boardman wanted to know the intent of requesting the Moratorium. Mr. Langenfeld said that main reason was to prevent any further dumping on the lots. He said they also wanted a thorough study of the wetlands to see what impact it would have on the surrounding homes and on the entire environment, Mr.Messerli said that he was sure that the problems are most likely with the DNR. He said that perhaps the City would have some influence. Chairperson Harris explained that without the DNR��tate directing the City not to issue those permits, then the City was in a difficult position not to issue the permits. Chairperson Harris said that the discussion was on approximately 3� acres of iand or approximately eight feet of water, He said that the existing ponding system sho�d adequately handle that much water, However� he said that the fact is that there is water up to property owners doorsteps. Ae said that it is evident that there is something wrong. Ae said that before much more is done, the reason for that type of situation should be looked into. Chairperson Harris said that the dumping of +�junk�� on those lots had to be stopped. Mr. Boardman said that it was very difficult to control the practice of dumping on vacant lots. He said that many times people are known to be dumping and the City informs them that they have to remove the dumped items; however, he said that the people ignore the order. Ms. Schnabel sai.d that if it was discovered that a particular contractor was in constant violation of a City Ordinance� the City had the authority to fine those contractors. Mr. Boardman said that the City had the right to remove his license to operate in the City of Fridley. PLAI3NING COMMZSSION MEETING - JULY 26� 1978 Pa�e 15 Mr.Mess�r��__wanted to know why the contractor could be using the land for fill when building permits had not been issued. Chairperson Harris said that there was a possibiiity that the contractor had a land alteration permit from the City. He said that the contractor had to have some type of permit to lawfully be filling in land. Mr. Langenfeld said that it was not the intent to stop any development, hut to have the wrong correcfied. MOTION by Mr. Langenfeld, seconded by Ms. Schnabel, that the Planning Commission recommend approval of the request for a Moratorium on Lot Development in Innsbruck North Addition from Environmental Quality Commission: Block 2, Lots 4,5, &6; Block 3, Lots 5, 6, & 7 for the period of one year or less wath the instructions for City Council to appoint the proper governing body to investigate the problems. Mr. Langenfeld said that he would also like to incorporate the fact that the fill must come to a halt and that the wrong being done can be halted. Mr. Langenfeld quoted a portion of the Interim Development Control Ordinance, Effective Period. "The Municipal and County Planning Acts both provide that an Intexim Control Ordinance may be made effective for only a period of one year subject to a one year renewal thereafter. Within this limit the effective period for a Control Ordinance should be only as long as the expected time it would take to complete the Comprehensive Plan and subsequent zoning amendments. The period of effect should be clearly stated in the body of the Ordinance and if the Planning and Zoning amendments have been completed prior to the expiration of the Control Ordinance� the governing body should void the effect of the Control Ordinance when it adopts the Zoning amendments." Mr. Langenfeld said that there should be an immediate stopping of the dumping in the lots in question. Mr, Boardman said that the dumping woulcl:- be stopped now!! He said that the dumping was already in violation of a City Ordinance. Ms. Schnabel said that the dumping on the lots was one of the situations that the Staff could have stopped immediately. She said that there would be a one year moratorium to have proper officials of the City Staff as well as the City Council itself to adopt an attitude that there �vould be no further development in the areas desi�nated as wetlands until either a study is made or the current study is reassessed or the DNR makes a committment so there would be no future homes built on the particular lots. PLANNING COMMISSION MEETING - JULY 26. 1978 Pa�e 16 Chairperson Harris said that on the lots that already have permits issued, it would be very difficult to stop the development. Mr. Langenfeld said that at least an awareness has been created. He said that it is most obeious that someone is not doing their job right. He said that a gross mistake was made by someone: Mr. Langenfeld asked that Mr. Boardman report his findings regarding the dumping on the lots in question back to the Planning Commission. Mr. Boardman agreed to report his findings to the Planning Commission. IIPON A VOICE VOTE, all voting aye, the motion carried unanimously. The Moratorium on Lot Development in Innsbruck North Addition �as recommended for approval to the City Council. 6. CONTINUED: DISCUSSION OF MEMORANDUM OF AGREEMENT FROM V. HERRICK� CITY ATTORN�Y), MOTION by Mr. Langenfeld� seconded by Mr. Storla� to receive Memorandum #78-�2 from Jerrold Z. Boardman, City Planner, regarding Commission Activities, dated July 26, 1978, Upon a vo�ce vote, all voting aye, the motion carried unanimously. Chairperson Harris asked if there had been any communication from V. Herrick regarding the Memorandum of Agreement, Mr. Boardman said that they had not. Mr. Langenfeld said that the Environmental Quality Commission was in favor of setting up a Project Committee to review all areas where possible drainage problems could arise. MOTION by Mr. Langenfeld, seconded by Mr. Storla, to continue the discussion of the Memorandum of Agreement from the Human Resources Commission until something was received from the City Attorney. Upon a voice vote� all voting aye� the motion carried unanimously. 7, RECEIVE COMMUNITY DEVELOPMENT COMMISSION MINUTES: MOTION by Mr, Langenfeld, seconded by Ms. Modig� to receive the July 11� 1978� Community Development Commission meeting minutes. PLANNING COMMISSION MEETING - JULY 26. 197$ PaKe 17 Chairperson Harris ivanted to know what mas meant in the seventh paragraph on page 3 ef the minutes. Ms, Modig said that thgy felt someone should chair the Energy Committee that would not have a conflict of interest, UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 8. OTHER ADJOURNMENT: MOTION by Mr, Storla, seconded by Ms. Modig� to adjourn the July 26� 1978� Planning Commission meeting, Upon a voice vote� all boting aye� the motion carried unanimously. The meeting was adjourned at 12:2Z A,M. Respectfully submitted, C�� MaryL e Carhill Recording Secretary 5 . ♦ { � ¢ y • � � .(. �� `� � �NNE��TA STATE � KEGULATIONS �IIIliIN�SOTA POLLUTION O(3NTROL AGENCY NOISE POLLUTION CONTROL SECTION i�rs NPl; b Motor Vehide No1sa LimiCt F'Vad ahh the Seerecarr of Stnte �. ' . md Commiasionv of Admiuietcation . dr�orc 25, 1975 I?ietributed by DaCUMENTS SECTI�N, DEPARTAIENT OF ADAIiMSTRATION Room.140 Centenniat Buildiug, St Paut� hiinnesots 55155 ,��`-��' ?� � � ,:: ti .� NitS4 Mobr Ve6hle Naiw Lim�b (� DeBnifbn Motor Vehicie. Motor vehicle mwns my uif-propelled ve6icle not operated acclusively upoa tailroad tracks aod any vehide propelled or dcawn by a self-propellcd vehicle and iactudes vehicles known as ,irack]ess trolleys which are propelted by etectric powcr obtained itom overhead troilry wira but not opera[ed upon rails, e�ccept soowmobila. (b) No person shall operate either a motor vehicle or combination of tehiclea of a type subject to regisuation pursuant to Minn. Stat Ch. 168 (1971) at any dme or under any wndition of grade, load, acceteration or deceluation in such a manner as to uceed the noise limits contained herein for the category of motor vehicle and speed limitc speci&ed, when tested with a memurcment procedure approved by the Director. (c) No pexson shall sell or oHa for sale x new motor �ehicle or combina- tion of vehicles of a type subject to mgistration pucsuant to Mian. Stat Ch. 168 (1971) which wfien maintained aocordiug to the mannfacturer's specifua- tioas would exceed the noise limits contained henin for t6e category of motor vehicle and sQeed limits specified, when tested with a measuremen[ procedure approved by the Ditector. %� (� No person shall modify a motor vehicle or combination of velricles of • J s tqpe subject to registration pursvant W Minn. Stat Ch. 168 (1971) in a maaac which will amplify or increase the noise emitted by the vehicle, abwe the noise limits wntained 6erein for the category of motor vehicle aud tpeed ]imiU specified, when tested witL a measurement procedure appmved by theDiraWr. No pecson shall operate a motor vehicle so modified. (e) Na pexson shall sell or offer for sale replacement or additional pazts for a motor vehiate or combination of vehides of a type subjeM to regisVa- tion putsnant to Minn. Stat Ch. 168 (1971) which wfien installed in the vehicle will amplify or increase the noise emitted by the ve6icle, above the �ise limits contained fierein for the category of motor vehicle and speed limite speci6ed, when usted with a measurement procedure approved by the Dlrxtor. No pexson shalt'operate a motor velucte incorporating such parts. (Q YLis regutatioa applies to the total noise from a velricle or combiaation of veLides of a type subjeM to registration puisuant to Minn. Stat Ch. 168 (1971) and shall not be constmed as (imiting or pmluding ihe enforcement � any other provision of law relating W motor vehicle exhaust noise. � efucles under subdivisions (7 and (j) are allowed to exceed the noise � limih coatained herein when performiug acceleration maneuveis for safety v� pu�a 1 _ ._r.._..._ .. _.. _.... __....._ ._. �i •� '; #� i a �. .. t.. . - .p : :-. i � Motor Vehicle Noise Limitn for vehicla with a manufacturer'a grws •� vehiele weight nting of more than 1U,000 pounda and any combination of vehieks wwed by such motor vehicla ��0 B ; m '� C � i . J 'v c � i � , I I 60� 2 3 4 5 6 789W0 2 3 4 5 67891000 � Distaace in Feet From fhe Center of ths Lane of Travei (1) Spced :imiu greater than 35 mph. (2) S�eed limiGS equal to or less than 35 mph and stationary cun-up tesU (for vehicles with goveined engiues). For stationary iun-up tests on all- paved surfaces, add 2 dBA. (3) Spced limits equal W or less than 35 mph and stationary eun-up tesb (for vehidu with gavemed engines), for vehicles manufaMUred on or aftet Januaty 1, 1977. For stationary xun-up tests ou at!-paved surfaces, afld 2 dBA. (� Speed limits equal to or less than 35 mph a� stationary run-up tab (for vehicles with governed engines), for vehicles manufactu:ed on or attet 7aauaty 1, 198Z. For stationary run-up tests on aU-paved surfaces, add 2 dBA. � 8 0 [ ..� L: •, ., � ,. _ • �. I � Y� 1 � n Y � r�.�� ..r��s��.. ��_�� i�� /�� s��i�I�� /��1�� 1/ '' ��-�� N��/� I��a�� r�� r��°. �� iii��iii � �r�°�� '��.. ��. �� .� :1 �� i �� s ��ii �� - ��=�u �� a�� 1 �� a�� i�� .. �� . �N �� .. - � . f� ��A��.. � �� 1 �� . �� 1 ' 11 ' I11 � � ' � � � • � A �w �� s � � �� r,.„ +� 1 �' .. ' i ,�. . __. , � _ ..�.._ t � �; �. , � � i ��..�...��.■■��.■. �� r�� s�� ii ��s��r■ �� ii:��r� � �� Z�� i� ' I ��oii�� i� �� iiii �� r. �� o�� iw � I �� a��a�� o��o �� a�� s �� a�� r�� . ■�� - �� - ��i ��°� �. ��y�� 10 2 3 4 56789100 2 3 4 56�891000 � Distance in Feefi From the Center of the Lane of Travei 6� . ' ' ! C�� .�