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10/15/1979 - 00013697� � � r�� THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF OCTOBER 15, 1979 The Public Hearing Meeting of the Fridley City Council was called to order at 7 35 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Counc�l and audtence �n the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT APPRO�AL OF MINUTES: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Counctlman Schneider and Councilman Barnette (arrived at 7 43 p m.) None REGULAR MEETING, SEPTEMBER 24, 1979 (TABLED OCTOBER 1, 1979) MDTION by Councilwoman Moses to approve the minutes of September 24, 1979 as presented . Seconded by Counc�lman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schnetder to adopt the agenda as submitted Seconded by Counctlwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. P�BLIC HEARINGS: PUBLIC HEARING ON REZONING REQUEST, ZOA #79-06, TO REZONE FROM C2S to M-1 FOR CONSTRUCTION OF NEW INDUSTRIAL BUILDING, BY JAMES E LONDON AND MICHAEL D. GANNUCCI, 7582-84 ABLE STREET: MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hear�ng. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7�38 p m. Mr. Qureshi, City Manager, stated the property involved in the rezom ng is generally located at 1175 73-1/2 Avenue and involves Lots 7, 8 and 9 of Block 1, Central Vtew Manor. He stated the property to the East of this parcel is zoned industrial so this would be contiguous to existing industrial property. Mr. Quresh� stated the purpose of the rezoning is for construction of an tndustr�al 6uilding for double occupancy. Councilwoman Moses stated it �s presently zoned for general shopping and asked tf any existing use presently fits into that category. Mr. Qureshi stated the only use that is commercial tn nature is the trailer sales to the North and West of proposed property. He felt the rezoning �s compatible w�th the surrounding area. At this ttine, 7:43 p.m., Counc�lmar� Barnette arrived at the meeting. Councilwoman Moses asked the type of business and the amount of cl�entele they would anticipate. Mr. Gannucci, one of the pet�t�oners, stated half of the 6u�lding would be used for an electrical contracttng business and the other half for a general construction business. He stated the only persons that would probably be in the building would 6e their own employees. He felt this business wouldn't have more than five employees at one time and London Construction would prob- ably have about the same amount of employees No other persons in the audience spoke for or against this rezoning. PUBLIC HEARING MEETING OF OCTOQER 15, 1 Page 2 MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unam mously and the public hear�ng closed at 7:44 p.m. TION RE4UEST, SAV �79-04 BY MOTION 6y Counctlwoman Moses to waive the readtng of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the publ�c hearing opened at 7.45 p.m. Mr. Quresh�, City Manager, stated this request involves the relocatton of an easement, which is presently located in the middle of the property. He stated the owner wishes to vacate this easement and prov�de an easement along the East side of the property. Mr. Qureshi pointed out, in con�unction with th�s vacation request, there is a request for a special use permit on which actton was delayed, at the request of the petitioner, until they could poss�bly work out something with the neighborhood. Mr. Qureshi state the special use perm�t involved the installat�on of gas pumps to be used rn con�unction with a conve m ence store. He stated this vacation request would be brought back the same time as the request for the special use permit, however, regardless of the outcome regarding the special use perm�t, he felt the easement should be relocated. Councilwoman Moses stated she felt this convenience store wouldn't f�t in at this location. Mayor Nee stated the land is zoned properly for such a use, however, the special use perm�t was needed for the gas pumps. No persons in the audience spoke for or against this vacation request. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the public hearing closed at 7:50 p.m PUBLIC HEARING (INFORMAL) FOR REVIEWING SPECIAL USE PERMIT SP #79-04 FOR The informal public hearing was opened by the Council at 7:50 p.m. Mr. Qureshi, City Manager, stated the Council has approved a special use permit for thts property, but didn't approve the variances requested and asked the petitioner to come back w�th a plan that would meet the requirements of the code. Mr. Qureshi stated the plan now proposed by Mr. Perrozzi does meet all the requirements of the zoning ordinance, except staff felt it appropriate to advise the neigh6orhood what type of house they are proposing. Mr Qureshi stated not�ces were sent to all ad�oim ng properttes to make sure they are aware of what is proposed to be built on this property and tf they had any ob�ections, they could votce them here this evening. Mr. Qureshi stated what is proposed �s an "A" frame with two floors and a stzeable attic Councilman Fitzpatrick asked if they would be using a pile dr�ving techm que, as previously discussed. Mr. Perrozzi stated they wouldn't be using this technique, however, there wouldn't be a basement. Councilwonan Moses asked how much taller th�s home would be from a normal two- story dwelling. Mr. Qureshi stated it would be about 8 feet, 9 inches higher. Councilman Fitzpatrick stated he didn't believe the nei9hbors were aware of the details of the plan. Mr. Qureshi stated it was put in the notices that this was an unusual plan and was the reason they were not�fied because of this aspect, even though a public hear�ng �sn't required. Councilman Fitzpatrick stated he talked with some of the neighbors and they had other concerns about things such as drainage. He felt they were unaware of the peculiar�ties of the house plan. ' � , ' � � PUBLIC HEARING MEETING OF OCTOBER 15, 1979 Page 3 Mr. Qureshi stated the purpose of this informal hearing was so they could review the plan. Mr. Herrick, City Attorney, stated, basically, the question is if the house meets the code requirements, he was not certain Council had any authority to say the design has to be one way or another. He stated the purpose of the special use perm�t is to make sure it is 6uilt high enough to avoid flooding dur�ng hlgh water and to avoid causing extraordinary problems to the surrounding a rea. Councilman Fitzpatr�ck stated he would agree, but the Council is in the position of having people review it and then telling them they really don't have any authority anyway. Mr. Herrtck stated they are not asking anyone to review it as far as the arch�tectural style. Mr. Qureshi stated they wanted to make the neighbors aware of the plan, as the plan orig�nally approved by Council was entirely different. Mr. Herrtck asked if the house is higher than what the building code permtts. Mr. Qureshi stated there was no feet he�ght requtrements of this type Mr. Roy Klingbe�l, 8199 Riverview Terrace, stated he assumes they are proposing bu�ldin9 this way because of high water and pointed out, in 1965, when the water was supposed to be the highest, it never came up to h�s home. He felt, tf the house is built as proposed, it would depreciate the value of other people's property. He stated a remark was made to hiin that the reason the house is to be built this way was because if they didn't like �t, it could 6e taken out He stated he didn't feel the plan for the house fits in with the area. Mayor Nee pointed out that the City Attorney indicated that the City wouldn't have the authority to deny it based on the des�gn Mr. Roy Klingbeil stated the Council has the authority to protect the people's rights so that their property values aren't lowered Councilman Fitzpatrick felt if this home is going to be much higher than rambler height, it would be somewhat of a problem, but they have been advised regardin9 thetr authortty. No other persons in the audience spoke regarding the proposed house plans. MOTION by Councilman Fitzpatrick to close the informal hearin9. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the hearing closed at 8:05 p. m. PUBLIC HEARING ON COMPREHENSIVE DEVELOPMENT PLAN• MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the public hearing opened at 8 08 p.m. Mr. Boardman, City Planner, stated this Comprehensive �evelopment Plan has gone through an extensive public process through the Plamm �g Commission and its member Commissions He stated different sections of the plan were re- viewed 6y the different commissions, and the Plamm �g Commission has reviewed all the sections. Mr. Boardman stated the document ts d�vided into seven different sections, as follows Land use; Env�ronmental Resources, Crttical Area, Houstng; Parks and Open Space, Transportatton and Water, Sewer and Solid Waste. He stated it is split up in these particular sections primarily because of the require- ments of the Metropolitan Council. Mr. Boardman stated, in 1976, the Legislature passed the Metropolttan Land Planning Act which requires commum ties, schools and other publtc agencies to do mandatory public plam m �g. He stated the Metropolitan Council has the responsibility to review these plans and approve or make recommendations PUBLIC HEARING MEETING OF OCTOBER 15, 1979 Page 4 regarding the plan so changes they feel are necessary for regional develop- ment can be made He stated the City must have some comprehensive planning completed and the capital improvements and implementation strategies approved by December 31, 1979. He stated the Ctty ts trying to meet the desired goals to accomplish the comprehensive planning process by the end of thas year. He stated it is necessary to hold public hearings before the Planning Com- mission and the City Council regarding this Comprehensive Plan. He stated, once the plan is approved by the Council, it has to be submitted to neigh- boring commun�ties for their comments to be forwarded to the Metropolitan Council. He stated the Metropolitan Council also reviews the plan regarding regional policies. Mr. Boardman briefly summarized the direction of the Comprehensive Plan as it relates to the key issues of land use, environmental resources, housin9, parks and recreation and transportat�on. Mayoi° Nee stated he had a iot of comments regarding this plan and feTt it should be discussed at a conference meeting. Mr. Herr�ck, City Attorney, stated he hasn't seen the plan, and if it in- volves enforcement or interpretation, he indicated he would like to review i t. Councilman Schneider stated, in the Housing Section where reference is made to 2,300 additional housing units, he asked if they could ohta�n the correct figure. Mr. Boardman stated the figure has changed somewhat, but the polic�es haven't changed that much and th�s can 6e discussed at the conference meeting. Mr. Qureshi stated that notice was 9iven that this was a pu6lic hearing on the Comprehensive Plan. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Counc�lman Schneider. Councilman Schne�der stated all Commissions have done a commendable ,7ob in bring�ng the plan to this present form. He stated the planning staff and the Commission have put a lot of work into this Comprehensive Plan. Councilman Fitzpatrick stated he concurred with Councilman Schneider's comments and felt the staff and Commissions deserve a lot of credit. UPON A VDICE �OTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mayor Nee felt something should be done to make this document avatlable to the publ�c. Mr. Boardman stated it is avail- able at the library and City Hall. Mayor Nee stated if the City receives a sim�lar document from other surrounding cities, it doesn't really state what is proposed. Mr. Boardman stated the actual proposals would be in the capital improvements and implementat�on document. Councilman Schneider questioned if staff had any idea of the cost to prepare this plan. Mr. Boardman stated the total cost was about$32,000, with $22,D00 being paid by the Metropol�tan Council. Mr Herrick ask�d if the plan was submitted to the Chamber of Commerce and other local ctvic groups. Mr. Boardman stated he has met with several groups and reviewed the plan. Mr. Qureshi suggested further discusston of the plan at a conference meeting and then determine how the Council wishes to proceed. OLD BUSINESS. IDERATION OF A REQUEST FOR BUILDING A STEE IST- 79 Mr. Qureshi, City Manager, stated this is a request from Mr. Anderson to build a steel garage at 7748 Elm Street. He stated staff's concern was that the 9arage would be an extension of a non-conforming use and a step further away from the policy the City has maintained regarding non-conforming uses. L1 � 1 , �, PUBLIC HEARING MEETING OF OCTOBER 15, 1979 Page 5 Councilwoman Moses stated she has looked at the site and the garage is pro- posed to 6e three feet from the building. She stated she understands that Mr. Anderson wants the garage to store his veh�cles. She felt industrial development has to conform to a certain design, and looking at this particular lot, putting in the garage would not make the appearance better in terms of an industrial area. Mr. Anderson stated he has been trying to sell the property, but needs the garage to work on his vehtcles He requested at least a temporary permit, � since the building he proposes to put up could be taken down at some future date Mr. Herrick, City Attorney, stated he would be of the opim on that the Council would not have the authority to allow the owner to construct or enlarge the residential structure on the premises and that would include building a garage for residential purposes. He stated, however, if this building is to be used for industrial purposes and meets the requirements of the zoning code for use as an industrial purpose, then he would say the Council would have the author- ity to permit the construction of this steel garage, provided the necessary variances are obtained and a case can be made that there is a hardship that would entitle him to the variances. Mayor Nee questioned what variances would be needed in order to permit him to construct the garage. Mr. Qureshi stated a 20 foot setback from the property line is required, therefore, a variance would be needed for thts requirement. Councilman Barnette felt, 6ased on the City Attorney"s opinion, that the garage could be permitted if �t was used for industrial purposes and suggested, if the 3D x 32 foot steel garage was built, it should be with the stipulation that the garage would be removed upon sale of the property and that the pro- perty not be sold for residential habitation with the garage on the property. Councilman Barnette stated he didn't think Mr. Anderson would sell the property � for residential use. Mr. Anderson stated he wouldn't 6ecause the house isn't worth anything. Mr. Herrick, City Attorney, stated he would have some question if Councilman Barnette's suggestion, regarding the stipulation, was enforceable since he was say�ng the property could be sold for residential purposes, providing the garage was taken down. Counctlman Barnette stated what Mr. Anderson is requesting now is a temporary use of his property to get a garage up to maintain h�s equipment. Mr. Anderson stated it has come to a point where he has to have someplace to work on his vehicles durtng the winter, He stated he would be agreeable to Councilman Barnette's suggesiion to take the garage down. Mr. Herrick felt Councilman Barnette`s suggestion is probably a good compromise, however, if Council takes action it should be done in terms of a stipulation and should be filed in the abstract so persons are aware the garage is a temp- orary structure and it has to be removed if the property is sold. He felt there should also be some limitation on the number of )�ears the garage could be there so it is not permitted beyond a certatn time, even if the property isn't sold. Mr. Qureshi felt there should be an effort to clean up the front yard of the property and provide some screening. ' Councilwoman Moses stated, in other �ndustrial areas, they are required to fence and screen the equipment and stated th�s property would look a lot better, �f this was done. Mr. Qureshi felt the question is if they should proceed with a variance Mr. Herrick stated if the permit is to be given for the garage, he would have to obtain the required variances. Mr. Nee stated, if Councilman Barnette makes a motion, tn line with his sug- gestion, and it is adopted by Council, it would also intend to grant the var�- ance so questioned if they could exped�te the variance procedure. PUBLIC HEARING MEETING OF OCTOBER 15, 1979 Page 6 Mr. Boardman asked Mr. Anderson if there was any way he could build the garage on the property so a variance wouldn't be required. Mr. Anderson stated he would be driving across someone else's property, if it was put in another way. Councilwoman Moses felt they would be expanding a non-conforming use and indicated she was not in favor of it. Mr. Anderson stated he would never have rezoned the property, if he knew he couldn't have a garage. He stated he rezoned it for the benefit of the City in order to provide more �ndustrial land. He stated he could go to the neighboring pr�perty owner and get their approval to put the garage within five feet of the property line. Mayor Nee felt there were two questions involved, the f�rst one is whether or not Councilman Barnette's suggest�on �n the form of a motion would 6e approved, and if it carries, there is the question of the variance. Mr. Boardman stated Mr. Anderson does have enough land so he could construct the garage, without the need of a variance. Mr. Anderson stated, if this was done, he would have to make a turn and go over h�s grass. Councilman Barnette stated, if the garage'coUld be located so as to avoid the need for a variance, it would save considerable time. Mr. Qureshi stated Council could make a motion giving him authority to proceed, if the variance is not required MOTION by Councilman Barnette to approve the request by Mr. Anderson to build a 30 x 32 foot steel prefabr�cated garage on this non-conforming use property, with the stipulation that the garage be removed upon the sale of the property, or 10 years from th�s date, whichever comes first, and that the property not be sold for residential habitation, with the garage on the property Seconded by Councilman Fitzpatrick. Mr. Herrick, City Attorney, stated if the motion passes, he would like siaff to have the authortty to prepare the substance of the motion into a viable agreement. Councilwoman Moses stated she is sympathetic to Mr. Anderson's need for a gar- age, but felt the whole area should be cleaned up. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Barnette, Councilman Fitzpairick, Councilman Schneider and Mayor Nee voted in favor. Councilwoman Moses voted against the motton Mayor Nee declared the motion carried 6y a 4 to 1 vote. NEW 6USINESS: CONSIDERATION OF FIRST READING OF AN ORDINAIJGE TO REZONE FROM C-2S to M-1 ZOA #79-06) FOR COPJSTRUCTION OF NEW INDUSTRIAL BUILDING BY JAMES E. LONC nnin MT�FJf1Fl n r_aniNiirrT 7FR9_RQ 4R1 F CTRFFT• P�OTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Counc�lman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. GLAIb1S : MOTION by Councilw�rr¢an Moses to authorize payment of Claims No. 275A30 through 285635. Seconded by Councilman Schneider Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNh1ENT : MOTION by Councilman Barnette to ad,7ourn the meeting Seconded by Counc�lman Schnetder. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unam mously and the Publtc Hearing Meet�ng of the Fridley City Council of 6ctober 15, 1979 ad�ourned at 9:20 p m. �{ ,��� � Respectfully submrtted, « "l�'va''lr l�S`IF-�'�t�. Carole Haddad Wi11�J Nee S_ecy. to the City Council Mayor Approved 11/5/79 ' ' 1