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08/13/1979 - 00013744PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL, AUGUST 13, 1979 CALL TO ORDER: Mayor Nee called the public hearing meet�ng of the Fridley City Council to order at 7:30 P M. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT Mayor Nee, Counctilman Barnette, Councilwoman Moses, Councilman Schneider, and Coun�ilman Fitzpatrick None ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: REZONING REQUEST, ZOA �79-05, BY R. C. WITT CONSTRUCTION: MOTION by Councilman Fitzpatrick to wa�ve reading of the public hearing and open the hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hear�ng opened at 7:35 P.M. Mr. Sobiech stated that this was a request for rezoning at 6330 and 6370 Central Avenue, Lots 2 and 3, Block 1 of Herwal Rice Creek Terrace. The request is to rezone from the existing M-1 to CR-1 which is general office and l�mited bustness to allow construction of an office building. The Plan�iing Commiss�on had a public hearing on July 11, 1979, and recommended to Council approval of the rezoning request with a couple stipulations. The first st�pulation is that the draina9e plan be approved, secondly that adequate screening be provtded between this property and adjoim ng residential to the west and that a landscaping plan be submitted for approval. The drainage plan would have to be approved 6y the Rice Creek Watershed. There are representatives from the request here to answer questions. Councilman Schneider stated that the question of whether the property had been rezoned before had come up at the Planning Commission public hear�ng. He asked if it had previously been rezoned. Mr. Sobiech stated that this was from the origtnal zoning back in 1956. Mayor Nee asked what the chances were that the drainage problem could be resolved? Mr. Sobiech stated that it was pretty good because there is an existing drainage swale which he felt sure Rice Creek Watershed District would want to maintain, and then incorporate with some additional pondtng on the site to ensure that litter and debris don't get into Moore Lake, and also to ensure that the runoff rate �s not increased with development. Tiiis would protect not only the Moore Lake area but also the res�dence to che west. One of the basic rules that the Rice Creek Watershed is following is to ensure that the runoff rate wtth development does not increase over what is existing prior to development. Mayor Nee stated that then it was a matter of catching it before it reached the duplexes He asked if Mr. Sob�ech was convinced that could be done and if the ditch was presently working? Mr. Sob�ech stated that the ditch was working to the extent that it handled a certain degree of storm. In the proposed plan, there are certain areas that are already available for ponding together with the ditch itself and the parking area and certain roof areas. He was certain they would require on-site ponding. L� , � PUBLIC HEARING MEETING OF AUGUST 13, 1979 Councilman Schneider asked how deep the ponding area would be? PAGE 2 Mr. Sobiech stated that after a rain it shouldn't stay for more than a couple of hours. He stated that hopefully it would not be any deeper than one foot. They would maintain a minimal depth with the usage of six inches across the whole parking lot. Mr. Quresiii asked if this was the property between Zebart and Midwest Van ' Mr. Sobiech stated that was correct. Mr. Qureshi asked if it would be a single story offi ce building? The petitioner, Mr. R. C. Witt, stated that it would be a story and a half. Councilman Schneider asked Mr. Witt if he had conducted the necessary soil samples. Mr. Witt stated that he was waiting until he was sure the rezoning would be approved. Mr. Qureshi stated that if it has a htgh water table he did not think they would be able to put too much into the ground. Mr. Witt stated that there would �ust be a frost footing in the ground and the rest would be built on ptles. Mr. Qureshi stated that if the water table was only 2 feet they might have a problem. Mr. Witt stated he would have to check that out Mr. Sobiech stated that based on the schedul�ng of construction for the rest of the season, they had put the first reading up for consideration th�s evening also. ' Councilman Schneider asked Mr. Sobtech to review what would be permissible �n a CR-1 zone. Mr Sobiech stated that a CR-1 would allow general offtce and limited business such as real estate, lawyers, medical, etc. Mainly small offices. Limited retail such as optical shops and laboratories. A retail such as a 7-11 would not be allowed. Mr. Qureshi stated that he was concerned about the sotl conditions and w�th the htgh water table they cannot fill it. He stated that the Counctl was aware of the problem they had with the four-plexes on Pierce Street. He would encourage the proposed builder to investigate those types of things and coine up with a drainage and development plan that would be cons�stent w�th the netghborhood and also provide draina�,e protection for the ad�oining properties. He would like them to keep a lot of open area rather than allowing them to build with the maximum 6u�lding area. Councilman Schnetder asked if we were better off with a CR-1 zone or an M-1 zone. Mr. Qureshi stated that we have a lot of commercial property open now that is available for development. M-1 is much more ltmited. We have a lot of M-2. Councilman Schneider stated that he was concerned about the tmpact on the res�dences and felt that the water table problem would be the same problem regardless of wether it �s commercial or ir�dustrial. The , bu�lder may have a problem but he felt thts was an opportunity to get the zo m ng in ltne with something that would be more amenable to the ne�ghbors to the rear. Mayor Nee agreed that the CR-1 would be better. Counc�lwoman Moses asked if Mr. Qureshi was suggesting that before the final approval the builder would get a soil test and work out a drainage plan? Mr. Qureshi stated that he was suggesting they go ahead w�th the ftrst reading but 6efore the second reading, after the 6uilder real�zed whether or not the Council was amenable to the rezo m ng, it would be encumbunt upon the builder to really check these thin9s out. PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE 3 Mr. Sobiech stated that the problem with the drainage plan was that it had to go before the Rice Creek Watershed Distrtct. He asked Mr. Witt if they had gone before the Rice Creek Watershed D�strict yet� Mr. Witt stated that they had not yet. There was no way of pushing those peaple. Mayor Nee asked what the proposal was that they had given to the Rice Creek Watershed District? Mr. Witt stated that he was not sure, that his engineer was handling that. Mr. Sobiech stated that before the builder spent too much money on drainage plans, he wanted a feel�ng for the rezoning. Mr. Witt stated that a topographical survey and submitting the plan to the Rice Creek Watershed cost him about �2,D00.00 He did not want to do a topo until he knew it would be rezoned. Councilman Schneider asked if that had actual bearing on the rezoning which is the question we are address�ng here? Mr Herrick stated that he didn't think so, but it would be considerate of the Council to potnt out that they may have some problems on it. Mr. Herrick stated that he would like to comment on the Mayor's question about the Watershed. He suspected that the Watershed District had some pretty typ�cal requirements for this kind of development and it may not 6e so much what the builder proposes as to what the District says what must be done if they are going to construct this kind of building there. It is a matter of them being able to meet certa�n cr�ter�a, the most �mportant one would be that no more water leave the property after �t 7s developed than is leaving in its present state. That would obviously call for some on-site storage. What the Distrtct will probably requ�re ts that the developer devise �he means to meet that test and then they will examine it and if it is satisfactory they will give their approval. He d�dn't think the fact of it's being industr�al or commercial would make a great deal of difference. They would still need the same criteria. Mayor Nee stated that a lessor amount would be covered with the commercial Mr. Herrick agreed. Councilman Fitzpatrick stated that the owner was petitioning for rezoning and �t seemed to him that their action was to decide whether the change in zom ng was 6eneficial to the City and to the area. It seemed to him that it was. In the final analysis that was the only thing they were acting on. Mr. �erry Wraneschetz, 6355 P�erce Street NE., came forward and stated that his home was located �ust tn back of the proposed office butlding. He realized that sooner or later something would be built there but would like to bring to their attention the 6ad water table level tn this area and the concerns of himself and his neighbors that if this is not handled very carefully, their yards would be under water whenever there is any heavy rain. Another concern was that there were quite a few children in the neighborhood and they wanted to make sure that if the ponding area was deep it should be fenced in or something to keep the kids out. He stated that because the water table was so high, if they went down three or four feet to build the ponding area, it would �sut fill up wiih water anyway. He felt there was a lot to be concerned about. Mayor Nee explained that the City would require a certa�n amount of roof storage and that roof water would be metered off and also the City would require a certain amount of storage in the parking lot which would also be metered out. He felt that rather than a pond it would be more of a marsh. Hopefu1ly there would be enough space below his property to catch �t and hold it. Mr. Wraneschetz stated that he realized that the developer had to made it econo- mically feas�ble but they would like the developer to 6uild some krnd of buffer or screening between the property to the west and the proposed office 6uilding. They would like a tall fence to make it more attractive and to screen;out the noise because when the leaves fall off the trees they would be looking at a 6utlding. � 1 J PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE 4 Mayor Nee asked of they would prefer the corr¢nercial zoning or the industrial zo m ng. Mr. Wraneschetz stated that he would be more in favor of an office than a plant. But he did want it done carefully. Councilman 5chneider asked what the setback from Mr. Wraneschetz's property would be if it were zoned industrial? Mr. Sobiech stated that it would be 100 feet but that could 6e parking lot. , MOTION by Councilman Barnette to close the publ�c hearing Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the public hear�ng closed at 7:55 P.M. Councilman Schnetder asked why the proposed building was set so far to the west? Mr. Witt stated that was to make room for the ponding area. Mr. Sobiech stated that it was mentioned in the Planning Commission minutes that it would be better to have the parking lot further away from the residence. Counctlman Schneider asked if the rezo m ng were approved and the buildtng permtt issued, what steps would be taken to ensure that the drainage plan that Rice Creek approves is followed? Mr. Sobiech stated that no building permit would be issued without approval of Rice Creek Watershed �istrict. Councilman Schnetder stated that he was concerned about durin9 the actual construct�on phase. Mr. Sobiech stated that the Building Inspectors and Engineers of the City , would be out on the s�te and also the residents could keep an eye on it Councilman Schneider stated that this was a more sensitive area and he felt the - grade elevat�ons should be double checked prtor to the footings yoing in, etc Mr. Sobiech stated that in this case they could stipulate that with the rezoning. Mayor Nee asked if this could dra�n to the street rather than the 6ack? Mr. Sobiech stated that might be difficult because it is a little low and the water would come back around into this same ditch anyway. OLD BUSINESS: TY CO�E OF FRIDLEY E Mr. Sobiech stated that the lst reading of the ordinance was approved last week contingent upon the agreement in the agenda. A meeting was held this past week and attended by the petitioner, the neighbors and a member of Council. A consensus was reached and an amendment to the agreement was distrtbuted to Council thts evening. Counctlwoman Moses stated that she attended the meeting. The neighbors in , attendance were Mr. Jorgenson, representing his tenants, and Mrs. Mathisen. The ma�or concern was that if Mr. Donut was allowed to operate on a 24 hour basis, Super America mtght do the same. Therefore they wanted to make sure that Super Amer�ca had no recourse to change their hours to a 24 hour operat�on. If that was the case, it was more agreeable to Mrs Mathisen, but Mr. Jorgenson wanted to talk to hts tenants about it. She stated that tn talking to some of Mr. �orgenson's tenants this evening, another concern surfaced. Apparently, there is a pro6lem with vandal�sm in that neighborhood in addition to the traffic problem from the theater and the residents are concerned that any business that operates on a 24 hours basis will attract more people into the neighborhood and cause addittonal problems. PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE 5 One of the netghbors, Carl Paulson, came forward and stated that the agreement was that the operation of a 6usiness in that building would be limited to 11.00 P.M. He stated that there would be considera6le opposition by the people if they are allowed to operate on a 24 hour basis. Councilwoman Moses stated that she did not feel that a Mr. Donut would attract the kind of people who would cause problems, but it was d�fficult to convince the people in the neighborhood of that. Ms. Mathisen stated that she was concerned about an increase in the vandalism problem if they were allowed to be open all night. She felt that all the people who signed the peition signed it for a reason. Councilman Barnette su9gested a compromise of an approval now with a reivew in one year. At that time, if there are problems, they could rescind those hours and go back to the 11 00 P.M. closing. Mr. Herrick stated they didn't require licensing for a donut shop as such. His problems was that as long as this property is zoned commercial, if we permit 24 hour operat�on on one, he would have a difficult time permitting it at one location and not permitting it at another. Conceivably, the City might amend the zoning code to require a Special Use Permit if a correnercial or industrial facility were to operate 24 hours a day. That would give some flexibility. As of right now, however, we don't have that. On the basis of the present ordinances, he did not see how they could allow a 24 hour operation across the street, for example, the Country Kitchen was at one time a 24 hour operation, and not on these lots. Also, further down on University the pancake operations are open 24 hours a day. The zoning there is similar to these three lots. He felt that since it was presently zoned commercial, and they want an establishment that meets all the requirements of the code, and they want a 24 hour operation, and we are permitting other places to do it, they could go to court and court would order us to do it. Counc�lwoman Moses referred to Super Arierica and asked if they could be open 24 hours if they wanted. Mr. Herr�ck stated that SuGer Amertca was different because they came to the City asking for certain concessions and in return fnr those concessions, they agreed to l�mit thetr operation hours. Councilwoman Moses asked if we could then control the 24 hours because of the variances needed? Mr. Herrick stated that the variances did not have to be granted unless a hardship was shown. They would have to look at what could be constructed there wtthout variances. If economical use of the lots can be made wtthout variances, then the Council �s not required to grant the variances. Councilwoman Moses asked if the current building met all the necessary setbacks? Mr. Sob�ech stated that it did not. It is um que property 6ecause it is surrounded by three right of ways which indicate certain setback requirements right off. He was not sure if Rapid Oil met the setbacks or not. It was a small building. Mr. Herrick stated they would have to take the three lots and sketch out what would be builda6le without the variances. Counc�lwoman Moses referred to Councilman Barnette's proposal and stated that she thought the,y should reverse it and start wtth the 11:OD closing and at a later t�me consider the 24 hour operation. Mr Herrick stated that �f variances were required, the City could couple them with certain requirements that could be upheld if there were valid reasons stated. Councilwoman Moses asked if they would then have to tie the hours with approval of the var�ances? , , , �II 1 PUBLIC HEARING MEETING OF AUGUST 13, 1979 Mr Herrick stated that would be one alternative. PAGE 6 l -� l 1 Mr. Langseth, the petitioner, came forward and stated that they d�d accomplish something at that meeting. He also stated that they did not wish to be restricted e�ther. He stated that much time had been consumed in finding the best use for the property. He felt they had certain rights as the zom ng ordinance stands. However, they would like to cooperate. He stated that their posit�on on the 24 hours operation was that they did not wish restrictions upon the development they're putting on the property, not only from an economic standpoint but from the tenants standpoint. He did not feel they were here to bargain. They were attempting io give the C�ty a good building on a unique piece of property and much ttme has 6een spent �n trying to develop is as best as possible. Mayor Nee asked Mr. Langseth tf they had tnquired of Mr. Donut what their reaction would be not being open for business between the hours of 11 00 P M. and 7:00 A.M.? Mr. Langseth stated that he had and Mr. �onut would not be interested in negotiat�ng that type of agreement. Mayor Nee stated that �t appeared that the problem was that the petitioner would not agree to a contract to limit the time and also there was a problem of perceptton of threat in the neighborhood. He informed the pet�tioner that if a vote was called and it were de m ed, the petitioner could do nothing with �t for six months. The alternat�ve was to table the item, w M ch would gtve the petitioner could do nothing w�th �t for six months. The alternative was to table the item, which would give the pet�tioner time to revtew the sttuation. Mr. Langseth stated that they were requesting variances in the petition, not necessarily predicated upon the 24 hour petition. Mayor Nee stated that this discussion was in regards to the rezoning and the quest�on of variances was later in the agenda. Mr. Langseth asked �f the petition to rezone �ncluded the question of a 24 hour operation. Mr. Sobiech informed the petitioner that once a rezon�ng issue is brought up, there is a desire to know why the rezoning is requested and there may or may not be consensus to allow the rezoning based on that knowledge. Mr. Langseth stated that he would prefer to see the item tabled rather than killed Th�s would give him ttme to seek legal council and also, he would like to hold another meeting in order to reach another agreement with the neighbors. Mr Jorgenson staied that the people in his building were concerned about the 24 hour operation and they would have no ob,7ection to the building if tt were limtted to closing at 11:OD P.M MOTION by Councilwoman Moses to table the request for rezontng. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee informed the petitioner that the City would ,7oin with him in sponsoring a meeting. LARING SURPLUS PROPER IZING SALE (EXCESS REGIS ' MOTION by Councilman Schneider to waive the 2nd reading adopting Ordinance #697, declaring surplus property and authorin ng surplus property and authorizing sale (excess Regts Lane Right-of-way) and order publication. Seconded by Councilman Barnette. Upon a voice vote, all votrng aye, Mayor Nee declared the motion carrted unan�mously. PUBLIC HEARING MEETING OF AUGUST 13, 1979 PAGE 7 CONSIDERATION OF 1ST READING OF AN DRDINANCE TO AMEN� CITY CODE OF THE CITY OF FRIDLEY REZONING ZOA �79-05, BY R. C. WITT CONSTRUCTION 6330 AND 6370 CENTRAL AVENUE Councilman Schneider stated that he would like to attach siipulations to the rezoning ordinance per the Planning Commission recommendations. Mr. Herrick stated it would be better to attach the stipulations to the building permit. MOTION by Councilman Schneider to approve the lst Reading of Rezo m ng ZOA �79-05, at 6330 and 6370 Central Avenue. Seconded by Councilman Barnette Councilman Schneider stated that for the record he would like to indicate that with the rezo m ng that Staff would ensure that an adequate drainage plan �s approved by the Rice Creek Watershed District and the City Staff, and that the developer be required to provide adequate scree m ng between his property and the ad�oining residential area either by fencing or landscaping, and also that the Staff and Inspection Department be aware of tPie extreme sensit�vity of the area and make sure that extraordinary inspections take place during the construc- tion phase. Upon a�ioice vote, all voting aye, Mayor Nee declared the mot�on carried u��animously. CONSIDERATION OF CHANGE ORDER #1. 1979. MI Mr. Sobiech stated that the City has been improving an alley and assoctated with that alley improvement the ad�acent property owner requested that our City Contractor improve the parking lot for him and then assess those improvements to the property. Those assessments would take place at the time the alley improvements were assessed. We have on flle an agreement signed by the property owner agreeing to recetving these assessments and what this would do ts tt would allow the City to pay the contractor for those improvements by addtng �t on to the ex�sting contract. MOTION by Councilman Fitzpatrick to approve the Change Order #1, 1979 Miscellaneous Concrete Curb & Gutter Contract to Mr. David Halverson in the amount of $3,314.00. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. APPOINTMENT - CITY EMPLOYEE MDTION by Councilwoman Moses to concur with the City Manager's appointment of NAI�1E POSITION SFlLARY EFFECTI�E REPLACES DATE J 1 Kathleen Williams Se m or Word $762 August 20, 1979 Reallocation of 1705 143rd Avenue Processing per Clerk Typist Posi- Ham Lake, MN 55303 Operator Month tion in Engineering Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. ESTIMATES. MOTION by Councilman Fitzpatrtck to pay the estimates. EDS Construction Co. 360 Larpenteur Avenue West St Paul , P1N PARTIAL Estimate �`�} - Munic��al Garage Addition $18,622.00 ' � � � PUBLIC HEARING MEETING OF AUGUST 13, 1979 Halvorson Construct�on 4227 - 165th Avenue N.E. Wyoming, MN PARTIAL Estimate �8, 1979 Misc. Concrete Curb & Gutter Contract Allied Balcktop, Inc. 3601 - 48th Avenue North Mtnneapolis, MN 55429 FINAL Estimate No. 1, Pro,7ect ST. 1979-10, SEALCOATING $ 4,314 00 $34,893.00 PAGE 8 Mr. Qureshi stated that Councilman Schneider had a concern and the property owner executed an agreement wh�ch states that he will protect and maintatn the retain�ng structure and he would like the Council to be aware of the agreement and authorize it so they could file it against the property so the new property owner would be aware of these stipulations. Councilman Schneider stated that this was �n regards to construction on 52nd. Mayor Nee asked �f the present owner agreed to this? Mr. Qureshi stated he did, MOTION by Councilman Schneider to concur with the agreement with DAB Inves- tments, Inc. dated August 7, 1979. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. AD,]OURNMENT : MOTION by Councilman Schneider to ad,7ourn the Public Hearing Meeting of the Fridley Ctty Council of August 13, 1979. Seconded by Counc�lman Barnette. Upon a voice vote, all voting aye, Mayor Nee decl�lred the meetin9 adjourned at 8:45 P M. Respectfully submitted: �� � /�� Kathy Shelton Recording Secretary Attest g/10/79 -�� ���C��Ct.fnc� ]� �fj "' �'- �. _°— William J. N e Mayor