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PL 10/19/1983 - 30604�'�- � � e CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 19, 1983 CALL TO ORDER: Vice-Chairperson Oquist called the October 19, 1983, Planning Comnission meeting to order at 7:45 p.m. ROLL CALL: Mernbers Present: Mr. Oquist, Ms. Gabel, Mr. Nielson (for Mr. Svanda), Mr. Kondrick, Mr. Saba Members Absent: Others Present: Ms. Schnabel, Mr. Goodspeed Jerrold Boardman, City Planner APPROVAL OF OCTOBER 5, 1983, PLANNING COMMISSION MINUTES: MOTION by Mr. Saba, seconded by Mr. Kondrick, to approve the Octoher 5, 1983, PTanning Correnission minutes as written. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 1. CONTINUED: REVIEW PTING A NEW CHAPTER 14 ENTITLED Mroruen�rc . ewn CDCA1 T r_ r Mr. Oquist stated the Planning Commission had sent this down to the Community Development Comnission for their input. He stated the Comnunity Development Commission did review the ordinance and accepted it as written, contingent upon input from the Chamber of Comnerce. He stated tF�e Commission members had received a copy of a letter from Kerry Van Fleet, Executive Director of the'Chamher of Commerce, dated Oct. 7, 1983, stating that the Chamber of Commerce also approved the ordinance. Mr. Saba stated the ordinance obviously includes farmers that may come into the City in the surmner or fall to sell their produce. He noticed that Ms. Van Fleet had stated that the merchants in Fridley apparently did not object to that. Mr. Boardman stated farniers can come in and sell their produce. State law prohibits a city from restricting, by iicense, farmers from comin,c, in and selling produce. Ms. Gabel asked if she was correct in her understanding that with the new ordinance, if someone complained about a peddler or solicitor, if the peddler n or solicitor did not have a permit, the police could tay the offender in addition to telling them to leave. PLANNING CONC1ISSION MEETING OCTOBER 19 1983 PAGE 2 Mr. Boardman stated that was correct. Anyone who sells in the City of Fridley could get tagged if he/she does not have a permit. However, people cannot sell out in the open on a corner without a special use permit. That is a zoning regulation that has nothing to do with the peddlers license. There is to be no outside sale of inerchandise without a special use permit. The City cannot prevent a person from applying for a license, but if that person goes out and sells on a corner, he/she also needs a special use permit. Ms. Gabel asked how Staff saw the enforcement of this new ordinance. Mr. Boardman stated he thought enforcement would be handled two ways: (1) The most probable enforcement would be on a complaint basis. (2) If the police are patrolling and see someone selling on a corner they can stop and ask the person to see their license. If the per•son does not have a license, the police have the tool whereby they can issue a tag. If the person is on the corner with merchandise that is out in the open, that is another issue and is a violation of the zoning code. He stated most of the selling is done on the weekend, and the problem they run into is that by the time they get a complaint, the violater is not operating in the City. Another problem is that if the person has a license and is selling on a corner, but doesn't have a special use permit, the police can tag that person, but he is not sure if the police could actually stop that person from selling his/ her product. Mr. Oquist stated the only comment the Community Development Commission had was that the ordinance was quite lengthy and quite wordy; otheraise, they thought it sounded good. At least, it gives the police a tool for enforecment that they do not have now. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend to City Council the a�op�tion of a new Chapter 14 entitled "Peddlers, Solicitors, and Transient Merchants" and repeal Old Chapter 14 entitled "Peddlers" of the Fridley City Code in its entirety. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 2. REVIEW OF AN ORDINANCE ADOPTIWG A NEW CHAPTER 218 ENTITLED "HAZARDOUS � CONTROL' OF THE FRIDLEY CITY CODE Mr. Boardman stated that on Monday night, the City Council had decided to pass this ordinance to the Planning Comnicsion for its review. He stated the Planning Comnission may want to pass this ordinance on to the Environmental Quality Commission for its input. � � �'1 ,.^,1 PLANNING COM�IISSION MEETING OCTOBER 19 1983 PAGE 3 r � MOTION by Mr. Kondrick, seconded by Ms. Gabel, to pass the new Chapter 218 en �t ed "Hazardous Waste Control" on to the Environmental Quality Comnission for its review. Upon a voice vote. all voting aye. Vice-Chairperson Oquist declared the motion carried unanimously. 3. REVIEW OF AN ORDINANCE ADOPTING A NEW CHAPTER 121 ENTITLED "INTOXICATI .,,..,,,, �—_ � c _ � Mr. Oquist stated he thought this ordinance was really geared toward the use of intoxicating liquor outside private property where people could gather such as parking lots, etc:, because there is already an ordinance prohibiting alcohol in public parks.. Mr. Jaba stated he thought it was an ordinance that was very important and very necessary. MIOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to City Council t e a option of new Chapter 121 entitled "Intoxicating Liquor - Consumption, Use or Display" of the Fridley City Code. Upon a voice vote� all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 4. RECEIVE SEPTEMBER 26 1983 PARKS b RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick. seconded by Ms. Gabel, to receive the Sept. 26. 1983� Parks & Recreation Commission minutes. Mr. Kondrick stated the grand opening for both the comnunity park and the plaza was very successful. It was exciting to see so many people turn out for the celebration. Mr. Saba stated he would like to see this carried on--some type of anniver- sary celebration every year. He thought it was really great to have so many people coming together. The theme, "Fridley, Coming Together". was really an appropriate th ene. Mr. Kondrick stated maybe one thing the Parks & Recreation Commission could do is form a project committee that would look into and work on ongoing programning for the plaza. Mr. Boardman suggested that maybe companies in Fridley would be interested in sponsoring different weeks in the plaza and supply programming, exhibits. entertainment. etc. Tfie Comnission members agreed that these were excellent ideas for the use of � the new corrmunity plaza. PLANNING COMMISSION MEETING, OCTOBER 19, 1983 PAGE 4 ,� Mr. Saba stated the Chamber of Commerce might also be interested in setting up special events. He stated they have so much opportunity with the plaza. It is a good focal point for the city and a good way to show the people that city government cares. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimous7y. 5. RECEIVE OCTOBER 6, 1983, HUMAN RESOURCES COMMISSION MIPaUTES: MOTION by Mr. Saba, seconded by Ms. Gabel, to receive the Oct. 6, 1983, Human Resources Commission minutes. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. 6. RECEIVE OCTOBER 11, 1983, APPEALS COMMISSION MINUTES: MOTION by Ms. Gabel. seconded by Mr. Saba, to receive the Oct. 11, 1983, pA peaTs Commission minutes. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the motion carried unanimously. � 7. RECEIVE OCTOBER 11, 1983, COMMUNITY DEVELOPMEMT COMMISSION MINUTES: ` MOTION by Mr. Oquist, seconded by Mr. Nielson, to receive the Oct. 11, 1983, Community Development Comnission minutes. Mr. Oquist stated the Community Deyelopment CorrQnission had their final dis- cussion on the "truth-in-housing" program. Dr. Vos had told about the problem his church had with "truth-in-housing" in Minneapolis, and his church board is now involved in litigation. He stated it was the concensus of the Comnission that for what a person got out of "truth-in-housing" it probably wasn't worth it. Ms. Gabel stated she had also had a bad experience with "truth-in-housing" in Minneapolis. Mr. Boardman stated that maybe information checklist forms should be made available for people who are buying a home, especially first-time home buyers. It would be an awareness kind of thing and it could be something the Community D�velopment Commission might want to recommend to the Anoka County Board of Realtors. Mr. Oquist agreed that was a good idea. It could be similar to the "truth-in- housing" checklist but in a modified form for home buyers. He stated it appears that realtors are becoming more aware of these kinds of things; for � � :� ��� PLANNING CONMISSION MEETING. OCTOBER 19, 1983 PAGE 5 example, Edina Realty does have a checklist that the seller has to fill out. He stated he would take this input back to the Community Development Conunission for discussion at their next meeting. Upon a voice vote, all voting aye. Vice-Chairperson Oquist declared the motion carried unanimously. ADJOURNMENT: MO__TION by Mr. Saba, seconded by Mr. Kondrick, to adjourn the meeting. Upon a voice vote, all voting aye, Vice-Chairperson Oquist declared the Oct. 19, 1983. Planning Comnission meeting adjourned at 8:55 p.m. Respectfully submitted. � y n Saba Recording Secretary � �'1 j