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PL 08/09/1978 - 30496^. � , ` , -- ;� CITY OF FRIDLEY ' PLANP1IIv'G COMMISSSOPT MEETING - AUGUST 9 g 19 8 . �............._ CALL TO ORDFR: Chairperson Harris called the August 9� 1978, Planning Commission meeting to order at 7:42 P.M. ROLL CALL: Members Present: Members gbsen�: O�hers Present: Storla� Oquist, Harris, Peterson Schnabel, I,angenfeld None Jerrold Boardman, City Pla�ner APPROVE PLANNING COMMISSION MIIdIITES: JiTLY 26g 1978 MOTION by Ms. Schnab�l, seconded b� i�r..Oquist9 to approve the July 269 1978, Planning Commission meeting minutes. IIpon a voice vote, all votiag aye9 the motion carried unanimously. MORATORIUM ON LOT DEi�ELOPMENT IN INNSBRUCK NORTH ADDITION �� Ms. Schnabel said that the moratorium had been considered by City Council and'f�he�rordered Staff to take action regarding Building Permits and dumping of fill. Ms. Schnabel pointed out that the afternoon of Augusi 9, 1g']$, there was dumping occurring9 grading occurring9 a.nd �aa�ex was being pumped out� of one of tlae lots in questian. She said that there had been catepillars in one of the areas most of the week. Sh�e said that of t�vo d�ys previous there �rere steel drums an.d. sand castin s still on the lo�tso She pointed out that there has been sand%dirt haulec� into the area and she had reason to believe that the dumped articles �ere merely being covered up and not removed, Mr. Boardman said that he was not aware of this activity and was sure that the conditions of the moratoriurn as laid out by the City Council was being enforced. He said he would check this out t�morrow. Mr. Langenfeld said �that he had been at the August 7, 197�9 City Council meeting and the two �veek Moratorium had been ordered bg the Councile He said that he was getting tired of trying to talk to City Cauncilo �ie said �hat the Environmental Quality Commission i�ad clearly explained v�hat was going on in that area. He was upset that basically nothin was being done to try �o stop the �rork going on in the Inns ruc North addition on the lots in ques�iono He said that action had to be taken immediately! Chairpersoii Harris said that he would take proper au�horities in�o the area on the ffiorning of August 10� 197$' G.nd action would be taken! PLAr11VING COMMISSION MEETIPIG -- AIIGIIST 9� 1978 Pa�e 2�:�,. .. . Mso Schnabel asked if anyone had checked �o se� i£ the developer had a Land Al�eration Permit. � Mr. Boardman said that he assumed that the activity that was taking place was in conjunction with a building permit, rather than a land alteration permit. Ms. Schnabel said that she was not comiortable t�at anyone was doing anything regarding the problemo Chairperson Harris said that action would b� taken on August 10th! 9. !S�7 111V1-1L11.J 4/lvav vvau �++�+ +�� �°-------- - SECTTOI�T 2 5.1 1�39K' TO ALLOW A SIGN PAINTING BUSINESS TO BE LOCATED ON LOTS 20921922� BLOCK 13y HAP-IILTON�S ADDITION TO MECIiANICSVILLE' THE SAME BEING 5333 tTNIVERSITY AVE1ViTE N.E. MOTION by Mr0 Zangenield9 seconded by Mr. Peterson9 to opEn the Pu:�13c Hearing. Upon a voice voie? all voting a9e� the motion carried unani�nously. The Public Hearing was opened at 8:Oy. P�M. Mrm Boardman said ichat the application was for 3 Sign Compan.y to 'take ot�e� the existing building iocated at 5333 Universiiy A�r�a.t�e NE. He saa.d that they �rould do site impro�rements on the outside o� �he building as well as remodeling iche entire inside of the build.ing. He sho�ued the Commission �'che plans ox" �rhat the proposed building �ould look like. Mr. Thomas I,eGro and Mro l�lbert Ferris�ere present a� iche meeting representing this iteffi. Mro LeGro said that the busi�ess �rould basica119 be truck lettering Board Pai.n�ing9 a3ad some spray painting� He said that one of the present raoms of the building would be converted to a Spray P ainting booth tha�t �ould meet a11 the coae requirements oi the City as well as the Fire Marshallo He said that the�r wouldn't be painting the big semi-t�°ucks be�ause the height of the doors �r�uld only be 12 feet high and they would only paint trucks tha� could fit inside the buildingo He said that a privacy fence vrould be constructed along the rear oi the property for the purpose of prinacy as well as to provide an. area to park the trucks and some storage. - MrQ Boardman said that the fencing would be the solid screening- type fenee. n- �� � PLANNING COMMISSION MEETING - AIIGUST 9� 1978 Pa�e 3 Pi��r����� Chairperson Harris asked if there would be an.y storage of signs on the outside of the building. � Mr. LeGro said that there would be a very minimal storage of signs outside the building. � Mr. Boasciman. said that no sign, could be stored in the rear area that��ould. be higher than the proposed fencingo Chairperson Harris asked if the business would be a strictly sign painting business or would there be some sign erection done in the building. Mr. LeGro said that he would do some sign erection arid Mr. Ferris �ould do the spray paintinge He said that the crane/erection '�ruck would be parked in the rear area of the property within the feaced ax�ea, He said that it was their understanding that they �ouldn�t be able to do any manufacturin.g in the buildiag9 so the major part of the business �ould be a painting an.d installation operation. � Ms. Schnabel wan.�ed to know the timetable of the proposed Sign Company. Mro LeGro said 'chat if he received perffiission to proceed �iith the Sign Compaay he �would like to start improvments on. October 1' 1978. He said that the builda.ng interior would be remodeled immediatelg as well as the removal of e�.sting gasolire pnmps. He saa.d they �ould like to delay the exterior remadeling and c�arbs� etc. for oae or two years, He indicated that �he fencing would be installed right awa� alsoe He said that un�il the fence was up, they would keep the trucks parked inside the building. Chairperson Harris asked if there would be any sign assembly doae. Mr. LeGro said that they �vould not�be manufacturing any signs, He sa:i.d that many times sign npgrading would be done on-site. He said �hat they did'no�E get involved with lighted signs very often because they v�ere not elec-�ricianse Mro Schurstein of 1102-�.3� Avenue NE �vanted to know how much paint would be stored outsideo He said that he was concern.ed because he own.ed the adjoining property and plan.aed to construct an office/apartment btiilding an.d paints were very explosive materials. Mr. LeGro sai.d that they would only store what the Fire Marshall would indicate was allowedo He said that all the materials would be stored in '�he best places. PLANNING COMMIS5ION MEETING - AUGUST 9�1978 Pa�e 4 �Ir. LeGro said that if finances permitted� they would like to all the improvements immediately. He said that they would do as much as possible to make the building look nice, He said that as far � as the storage of paint9 he would do �vhatever the Fire Marshall indicated. Mr. Boar.dman asked how much pain't wovld be kept on hand on the premises. Mr. LeGro said that most of the storage would consist of partial cans of paint. He said that they �rould purchase the paint for a �ob9 and whatever was not used would be stored. Mr. Langenfeld asked if any welding �ould be done in the building. Mr. LeGro said that the9 didn�t anticipate doing any �relding or soldering in the building. He said that most of it was done at the site. Mro Schurstein said that he �as concerned about the possibility of explosive chemicals� trucks9 and equipment being stored in a building directly south of his proposed bui.lding. He wanted to be sure that there would be no problems created bet�een the two properciesm Mr� Schurstein sai.d that he didn.�t wish to dictate to an�one how they were to make a living� but he felt obligated not to allow his property to get into a positio;� that it would dei:eriorate 'c�ie �.. value before it was ever built ono Mro LeGro said �hat if Mr. Schurstein �ras concerned about the future appearance o� �the propericy9 it could be made part of the Special Use Permit that it.would have to be ma3.ntained or else the City coald enforce their codes, � M�. Boardman said that it �as not doney mainly because to revoke a Special Use Permit the City would have to �lose down the business� The City didn�t usnally do tha� type of thingo Mr, Peterson asked if a Performance Bor�d could be posted. Mr, Boardma� explaiaed that the cos� of the performance bond was usually more cumb.ersome thar�. expensiveo He sai.d thai: usually a letter of credit from the Bank was requested to insure that all the exterior remodeling/improvements �rere done as indicated. Chairperson Harris 'said that arrangemeat could be made with the lending institute to hold out a certain amount of money �vhich wov.ld be set aside and wouldn�t be closed until the exterior improvements would be completed. � � .PLANNING COMMTSSION MEETINQ - AIIGUST 9. 1978 Pa e 5 Mra LeGro said that there �ould be no financing on the property. He said that there �ould be a Contract for Deed. ^ Chairperson Harris said that he would have to deposit mone� in an escrow account or obtain a Exterior Development Bond, Mre ZeGro agreed �o do whatever the City requested� Mrv Zan,genfelci asked what the hours of operation would be. Mr. LeGro said that the hours wonld be flexibleo He said that usually the operation would be opened later in �he sv.mmer than in the �i.ntero He said that they would probably work later if they had a job that had to be done right away. He commented that there rea119 wasno� a lot of noise involved in pa�.nting` He sai.d that spray painting would probably only involve about two hours a week� He said that most of the lettering �rould be done by hand/ brush. Mro Ferx�.s said that any painting '�hat would be done in the spray painting booth would be done v�ith an airless sprayero He sai.d. that he had bee� painting for 28 years and he had never had or seen a£ire or explosion �esul�ing from this type of operation that they t�ere proposingo Mr. LeGro said that most paint shops didntt allo� smoking in the aZ'eao ^ MOTION by Mr, Langenfeld� seco�.ded by Mr� Storlas to close �he Public Hearing. IIpon a voice vote' all voting a�e' the motion carried unan.imously� The Public Hearing was elosed at 8:�-8 PmMo Mr. Langenfeld said that he had very sitrong opinions towards the proper haadling of po�en�ially hazardous �astes an.d the general aesth.etics o� �he entire area. He said. that if there would be stipulations placed on the Special Use Perrni.t� he wanted a major imffiediate item to be fencing erected along �he perimeter of the operationm H� also poin-�ed out that it should be kept in the minds of the members of the Commission that -�he Special Use Permit would be gran.ted �o �the proper�Ly and no c the o�vners� Mr. Peterson �aanted to kn.ow Staff�s opinion of the request. Mre Boardman, said that they had no objections as long as the petitioners met all the City requ:irements as well as the Fire Inspector�s requirements. . Chai.rperson Harris said �hat he had problems with the sign . erection �eature of the business. He said that the painting of signs was allo�ved in a C-2 Zone,,(which was the zoning of the property) tivi.th a Special Use Permit (which was being considered �hat night). He felt that�the storage of the erection trucks� other vehicles� s�orage of materials� etc, on the premises ^ follo�red more closely under the M Zonings for contractor-type9 construction-type �ses. pL��COMMISSION MEETING - AUGIIST 9, 1978 Pa�e 6 Mr� Boardman said that i� was considered �hat �he major opera�ion would be sign painting ana that vehicle/storage would only be � secondary to �he operation. Chairperson Harris �vas concex°ned �hat a aonstruction ya�cd situation could result in a very short period of time. He said that previous experi�nce with a.sign. company made very-aware of the possibilities that could resuli. type him Mr. Boardman pointed out that all the vehicles and �tored materials would have to be contained in the screeaed area. MOTION by Mr. Peterson� seconded by Mr. Oquists that the Planning Commission recommend approval of -�he request for a Special IIse Permit� SP .#7$°07a Thomas Sign Co�.pany9 by Thomas LeGro; Per Fridley City Code9 Section 205e101�3aKy to a11ow a sign. painting business to be located on I,ots 20g 21' 229 Block 13' Hamilton�s Addition to Mechanicsville9 the same being 5333 Universitp Avenue NE with the stipulations that the petitioner obtains ari Exterior Development Bond or letice� of credi�t to cover the exterior landscapin.g; that all materials and veh�.cles be stored within an enclosed� screened area; a suitable agreement be negotiated regard.ing �the rea� alley; and that all painting be done in an improved area including t�.e storage of all paints and other chemicals meet codes both for safety and for the surroun.ding neighbors� �, UPON A VOICE VOTE� Mr. S�orla� Mr. �quist' Mr. Peterson� Ms. Schnabel' and Mr� Langenfeld. votinb aye; Mr. Harris aY�staini�.g; � the motion carried� Chairperson Harris abstained %ecause he felt that his vote cou7.d be a conflict of in.terest. 2. n: A� RECEIVE MII�'i0�2�1NDUM FROM VIRGIL HERRICK DATED JIILY 319 1978 MOTION by Mro Peterson! seconded by Mro Oquist9 to receive the memox�an.dum irom Vigil C. Herrick to Jerrold Boardman� regarding the Departmeni of Human Righ�s9 Memorandum of Agreement, Upon a voice vote9 all voting aye' the motion carried unar�i.mouslya Mr. Peterson wanted to kno�r if the Human. Resources Commission wanted the item returned to them before it went to City Councilm Mr. Storla said that all options had previously been discussed. He said that the Commission wanted the item forwarded to the City Council. n PL�COMMISSION, NC�ETiN_ G_ UGUST 9, 1� 8 ,",. , P a�e, 7� Mr. Boardman said that the Project Committee would have to be available to the Public during certain periods of time in �vhich the appro.priate documentation could be taken care of. He said that n the Project Committee wonld have to be in a certain location� at a certain time so that it would be available to the Public. Mr. S�orla didn�t see the Project Committee as a group of people tfiat would have to be in a certain location at a ce�tain time. He said that the standard procedure was to have ane or two people act as input officers to get toge�ther wi�h the applicant to help fill out the complainte He said that the Human Righ�s Department would then schedule a hearing, He said that the duty of ��intake officer�� pronld be rotated with the members of the Project Committee0 Mro Boardman, said that the operating procedure would have to be clearly laid out. Mr. Peterson want to know if the the Human Resources Commission felt that the administrative authoritp should be the commission or �he Tenan.t/La:ndlord Pro j ect Committee. Mr, Storla said that it v�as understood by the commission members that the decision �vould be up �o the Human. Resources Commission, Mro Peterson said that something had to be written out explaining exactly how the Memorandum of Agreement �vould be operated. , Chairperson Harris said that if the Tenant/Landlord Project � Commi-ttee �ould assume the adreiinistrative authority of the Memoran.dum of Agreenenics that �he egi.s�ing Committee �rould have to be disban.ded so that it would no long�ar be a�project committee but would be an operating committee� Mro S�torla didn�t feel that the Tenan.t/Landlord Project Cammittee would have to disbando He said that there could s�till be i�ems that the Proj�ct Committee �vould want �o investigate that ti�ere still within the same Scope of the Project Commi�tee. Chairperson Harris said that he personally felt that the Human Resources Cornmi.ssioz�. should operate -the Memorandv.� of Agreement� He pointed out that all the members had been appointed by the City Council and he felt that it u►ould be within the realm of their present Scopes I3e also fe1.t that �to do othertivise may set a dangerous precedent regarding the formin.g of subcomm:;.ttees. � -� PLANNING COMMISSION MEETIN,�G ,� AUGU�T ,� 1�78 .�,_ Pa�e 8 _ a Mr. Boardman said that the Human Resources Commission acting as the c�mmittee�for the M�morandum oi Agreement��rould have a direct responsibility to the City Council. Mr..Storla said that whatever the Commission wanted to recommend would be satisfactory with the Human Resources Commission. MOTIQN by Mr. Peterson' seconded b�r Mr. Storla' that the Planning Commission recommend that the Hwnan Resources Commission act as the operating bodg for the Memorandum oi Agreement and that they draw up the proced.ure for operation and forti�ard it on to the Planning Commission before it went to City Council. UPON A VOICE VOTE' all voting aye' the motion carried unaniffiously. 3. RECEIVE HUMAN RESOURCES COMMISSI�JN MINIITES: JIILY 6� 1978_ MOTION by Mr. Storla� second.ed by Mr. Oquist� that the Planning Commission receive the Human Resources Commission mi�utes of the July 6� 1978� meeting. Upon a voice vote9 all voting aye' the motion carried unanimously. 1�. RECEIVE ENVIRONPZENTA_L qUALITY COMMTSS P�OTION by Mr. Langenfeld' seconded by Ms� Schnabel' that the Planning Commission receive the Environmental Quality Commission _minutes of the July 18� 1978' meeting„ Mro Langenfeld explained ichs i�em on Page 13 of the minu'�es regarciiag �he Proposed Ordinance for the Protection of Animals from Inhumane Acts. � Chairperson Harris suggested that Mr� Langenfeld look at the possibility of amending the �xisting Animal Ordinancec He said that the care an.d clean�.ng cotald be included in that Ordinance. UPON A VOICE VOTE� all voting aye9 the motion carried unanimouslge i"\ PLANNING COMMISSION MEETING - AIIGIIST 9g 1978 �Pa�e�9 5. '� MOTION by Mra Peterson' seconded by Mso Schnabel� that the Planning Commission receive the July 21�8 19?8� meeting minutes of �he Parks and Recreation Commissiono Upon a voice vote� all votiag aye� the motion carried vnanimously. Reference �uas made by Mr. Peterson regaxding Item C on P age 7 of the minutes ��Woodcrest Baptist Church - Facility Use Request��; and Page 2 of the August 79 1978s City Council meeting outline "Consideration of Request for Use of Locke Park Soccer Field by Woodcrest Baptist Church��. Mr. Peterson said that the Parks & Recreation Commission had motioned for denial of the request. He said that he stated at that meeting that it was his opinion that it weuld be government sponsorship of church-related activities0 Mr. Peterson pointed out that the City Couricil ��tabledt� the item vPith �he recommendation that Staff should �ork on an. agreement.,o Mr. Peterson said that approval o� the request �rould be detrimental to the City of Fridley�s recreational program. ' Chairperson Hasris said that it Fri.dley should no� encou:rage a � p�ogram on public lands to the r'"'� programso f� was his feeling that the City of private organ.ization to put out a detriment of the Ci�y9s reerea�ional Mr. Boardman. asked if they had requested to ��lease'� the field, Mr. Peterson said �hat the�r asked to use �he field for the whole fall soccer prog�am� Mr. Oquist said that it should defini�ely be denied• He said that the fields should be left for citizenry use. Chairperson Hasris questioned the legal rights of the City Council to make an agreement with a private church organ.ization to the detriment of the rest of the communitye He said thac public funds would be e�ended to maintain the property for their use -- he sai.d they couldn�t do it an.d they had better not try to approve it! MOTION by Mr. Langenfeld9 seconded by Mr. Peterson� that the Planning Commission stron 1 opposes the use of public property for the use o� priea e property and that they concur with the motion made in the Parks and Recreation minutes to once again recommend denial of the request from Woodcrest Baptist Academy for the use of I,ocke Park Soccer Field. PLANNING COMMISSION MEETING o AIIGUST 9� 1978 _ Pa�e 10 Mr. Oquist �aid that he agreed w3.th the motion� but he �as not sure ho� much good it would do! Ms. Schnabel wanted to know if anyone had talked �CO Mr. Boudreau ,� regarding the actual meeting and what was discussed regarding the item. She suggested that he be consulted. Mre Oquist said that he was opposed to any agreement. He said that Locke Park Soccer Field was public park property that shouldn�t be tied up by a private concern. Ms. Schnabel said that she was not cor�doning the agreement. She felt that the total facts should be knov�n. Mr. Storla asked if there was any policy that could be cited regarding the �Noodcrest Baptist Aca3emy utilizing the field even if the request was denied� in order to convince them to get off �Fie soccer field. Mro Peterson said that they wozald be a pri�tate group trespassing on public property Mr. Peterson said it had been a nnanimous decision by the Parks and Recreation Commission to deny the.request. tTPON A VO�CE VOTE9 all voting aye9 the motion carried un.animouslyo Mr, Peterson left the meeting at 70:�.0 P.M, 'because of previous commitment. � 6. RECEIVE APP� COMMTSSION MTNTJTESs JIILY 25� 1978 MOTION by Mse Sehnabel� seconded by Mra Langenfeld� that the Planning Commission receive 'the AppeaZs.Comm�.ssion minutes of Jnly 25�, 19780 � Ms. Schnabel meationed the clzange of Format for Publie Hearing Noticese She said it was dane to simplify the language to make it easier for the public to u:nderstand and to eliminate the nec�ssity of amending public notices as code secia�ns change� etc. Mr. Oquist said that it was a good idea. Ms. Schnabel also pointed out that the new form would be on City of Fridley stationary rather than. plain paper which may attract the eye of the receiver better. UPON A VOICE VOTE� all voting aye� the motion carried unanimouslya �� ""'� „ . ,,.. �- �LANNING�GOMMISSION MEETING - AIIGUST 9� 1978 Pa�e 11 _ --�--- - OTHER �� Ener�r Pro�ec� Committee . _ Mr. Boardman informed the Planning Commission members that t�ere had only been t�o applications received as of that�date for msmbership on the Project Committee. MOTION bq Mr. Lan.geafeld� seconded by Ms, Schnabel� that the Planning Commission receive the "Energy Conservation� A Management Report ior State and I,ocal Governments�' bookle�. Mr. Oquist inciicated that the booklet had been forwarded to the Planning Commission members through the Fridley Community Development Commission. He sa-id that it was basicall�r for - informational purposes, IIPON � VOICE VOTE? all vo ting aye' the motion carried un.an.imously. 1�DJOURNMENT MOTION by Mr. I,a�genfeld� seconded by Mr, Oquist� to adjourn the August 9' 1978� Planning Commission mee�ing. Upon a voice vote� all voting aqe� -�he.-motion carried un.animouslyo The meeting vaas ad j ourne d at i 1; 01� P.Me Respectfially s�.bmitisdy � .�2� ' MaryL e Carhill Recording Secretary r"1