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SP80-08 CITY 0;-- FRIOL!_Y, SUBJECT SPECIAL USE PERMIT � E:431 UNIVERSITY AVE. NE. !u1 FRIULi Y, MN. 554SE! (6121.5 33 71- 4:i0 # SP 80-08 I ADDRESS 6501 East River Road DATE PLANNING C011HISSION: P.H. DATE 7/9/80 APPROVED X DISAPPROVED DATE 7/23/80 NO 3 CITY COUNCIL: P.H. REQ'D None DATE N/A NO N/A CITY COUNCIL: APPROVED_ gDISAPPROVED DATE_ I0jr NO STIPULATIONS: (1 ) That a 15 foot bikeway/easement be dedicated along Mississippi Street and along East River Road. (2) That landscaping be designed and installed according to City staff recommendations. (3) That a good screening fence be constructed along the east and north property lines. (4) That no damaged cars be parked outside of the screen- ing fence surround the parking lot. (5) That the drainage plan and control structures NAME FEE RECEIPT NO STREET LOCATION Or PROPERTY LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? _,yes no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 300 feet). The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE SIGNATURE APPLICANT ADDRESS TELEPHONE NO by City staff. (6) That the hours of business be limited n. (7) Only two access po- nts would be available to this 1 ting driveway to the South and the other access would be it area, and all other access areas would be closed off. PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Publi,c ' Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, July 9, 1980 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special - Use Permit, SP #,80-08, by Carl E. Christensen, D/B/A/ Christensen Auto Body, per Section 205. 101 , 3, D, to allow a garage for the storage, repairs and servicing of motor vehicles not over two-ton capacity, located on Lots 21 , 22, 23 and 24, Block 6, Fridley Park, the same being 6501 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: June 25, 1980 July 2, 1980 t Yw .�,.h / •! '•: • b A. it ZOA ,'S80-031 and SP #80-03 on Lots - �. '- 21, 22, 23 aad 24, Block 6, Fridley i ��. Park, Christenson Auto Body by Carl E. Christensen, 6501 East Riven Road .t•.��..ail '�, _ _ 'm_ dna '� ++ ,� AY RICE 16 CD ;.. ;,J �,h� r+- .>�•? :: .�� , : � Z fl~ ; �F�\ yyf}l b j -r ^ qty ►y $ L f .+!-•T' \Y!. ..._O _ I ,�',♦ _.(�Mi yaa�(N'y y>y tri_ >~ ' r �w�..ry�r 16 t4 c � � � bjw sem.-<�'-Ns",L • -—� R' :� -�' •>'� � _.'x"-^.., ga. K� ^ ,tr� T.' -::�~ �i � '� ./s '� �� + .•\- ,per �r ." 171 ` •_S� r-. ,.-..�?' •fhZ1 �,.►.� -,tT ./[�\'\1t.a`> r '_Jii-. //2 - a.��v��..•% .� -..•r •'.�, �.7. � } T' �S��J>>� ..}�`_ �� ..��Jv _� � �A` ," SJ' zY.. � s _ T"."_ Lam%"� � �- .S-.- '• .,,{ j� st. - ••..ate,. .a� ��" -�• -� >. '- -1°'- lr..-�, � f .,.._ :ick ' ��w _'- 13 s�•s_�.' y Y' .59.- .1�- 1 1 S"� i:+c i .t.. 'Z.,v,r''+P �+.. # ; •+v ~-r- �'.'�n' ap- AUJ� a/" "'.` 3 s ' i`k s _ �� .-••,s �/ �j1P`• a .`. •t... )t+ .w c s iaa+a ^'. •. :;.+. 7Y �f�•.r'�'�. _"'t��' �P� ��O�L� �+vy , S_ 1� 4 .:a .-.. '-mac.man"�._- i` ._ :.��s::y ;,,.•;,� _ r ^�� .�y�l n •tom a.(yi. ' :"►' _ _ '� '� .xr _"'> �_. y'S. .+� _.- - �!.: ,.-•"Y- .. •i..+a=^�- s j 3s� 6 i � - Tj(� .�� •�"{p f '..'ti �t+'-^r-ra=�'� _7Y'-�.r-= i �--s�=,,.- � - f) )� 3 '�-yP�G ►� "_Iffy,` r ,/ezfdEld.�.af.Jlf -- 'a � 1ra1. �• -3 •.fLu• HT1 �:. �' wt ^1.:•• f SJx ^�'t3' � e91`�k : ..aJ 1-0- V�1•, f �� a 'Z - - ,AZ�r 4- 'I 1 ..QT' =�Ci.� >../ ww fi;-..' • _� - t 41j ( LAZp T' 4 �, Z2 4- dw �'�y,'-: �y •:4'_. -'".�� „�,.�• Sao. � � �. :.y � =�- ---.,- a _ s...__ � _ - 'E.�^-•_.- .•.. 1.4 � t:=. .a. _ _ �__ _. - - - -� . ... 3 r MEMO TO: John Flora, Public Works Director MEMO FROM: Jerrold L. Boardman, City Planner MEMO NO. : $30-78 MEMO DATE: July 31 , 1980 RE: Council Action on SP #80-08 The Planning Commission at their July 23, 1980 meeting modified the Special Use Permit request by Carl E. Christenson, by reducing the special use permit for operation of a body shop from Lot 21 24 to just Lot 21 , and recommended approval of an additional special use permit to allow automobile parking on R-3 property for use on adjacent land. I talked to Dave Neuman, City Attorney's office, to determine what action the City Council would have to take since the Special Use Permit requires a public hearing and the public hearing held before the Planning Commission was for the operation of a body shop and did not include parking on R-3 property. Dave indicated that we should have the City Council set a public hearing for the special use permit and notify the public according to our standard procedures. This would take care of the legal requirement of public hearings on additional special use permits. For this reason we need the City Council to set the public hearing for September 15, 1980 which will coincide with the public hearing on the applicant's rezoning request. 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Christensen, D/B/.A 'Christensen Auto Body, until July 2.3, 1980. Upon a voice vote, a _ re rCliairman Harris declared the motion carried unanimously. 5. PUBLIC DARING: REQUEST FOR SPECK PERMI SP �F$0- 08b AR,L F, CHRISTNBI's,Na, --E v DBA Chi:istbncen AUTODY: per Section 205.101., D, to 'al a. garage for the repulrs and servicing of motor veb'.cles of over two-ton capacity, located storage, on Lots 21, 22, 23, and 24, Block 6, Fridley Pti,ks the tame being 650I East River Road N.E. MOTION by Mrs. Gabel, seconded by 'Kc. Wharton, that the Planning Commission continue the public hearing on. the Special Use Permit request, SP #80=08, by Carl E. Christensen, .D/B/A Christensen Auto Body, Per Section 205.101,. 3, D, to allow a garage for the storage, repairs and servicing of motor vehicles not over two-ton capacity, located on Lots 21., 22, 23 and 24, Block 6, Fridley Park, the same being 6501 East P.iver Road N.E. , until July 23 , 1980. I'Pon a voice vote, all voting aye, Chairman 'Harris declared the motion carricd unanimously. I,0'—',-',)zaT RL T.TMS L.A. -#, 80-03, by Nedegaard Construction C_ompa.n :� Split o the North 2 feet of Lot 10, Block 13, Plymouth Addition and add to Lct: 9, , Block 1.3, 'nouth Addition, to make a 42 foot building site, the same being 4526 2nd Sta-e-..et N.E. No one was p.. se, t. to represent the petitioner. Mr. Boardman stat that Mr. Nedegaard wants to tear down an existing dilapitat:ed i house and construct new one. He had been to the Appeals Commission quite a while ago for the necessary riances. They recommended he try to get additional property which he was now doing ., h this lot split request. ' MOTION by Mrs. Gabel, second-. by Mr. Langenfeld, that the Planning Commission, reconunend to City Council ¢pp va.l of the request for a lot split, L.S. #80•-03, by Nedegaard Construction Company, to Split off the North 2 feet of Lot 1.0, Block 13, Plymouth Addition, and ad it to Lot 9, Block 13, Plymouth Addition, to make. a 42 foot building site, the sam eiii.g 4526 2nd Street N.E. UPON A VOIC? VOTE ALL VOTIIlG AYE, CHAIRMAN HARRIS DECLARED 1E MOTION CARRIED UNANIMOUSLY. 7. RECEIVE MEMO x.80-02, TO JERROLD BOA.RDM_AN Oft WILLIAM DEBLON RE: ME':CROPOLITON COUNCIL'S CCC,5',NTS AND RECOMMENDATIONS ON THE F LEY CRITICAL AREA PLAN. Motion by Mrs. Hughes, seconded by Mrs. Gabel to prove recommended changes on the plan and submit it to City Council so the EQC ca adopt the changes. Upon a voice vote, all voting aye, the motion was passed unani. usly. 8. RECEIVE HOUSING 6 REDEVELOPME-INT AUTHORITY MINUTES: JUNE I980. MOTION by Mr. Langenfeld, seconded by Mrs. Hughes, to receive June 12, 1980 Housing & Redevelopment Authority minutes. Mr. Boardman stated that the City would be purchasing the Standard Oil pr. erty. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED ` UNANIMOUSLY. l`lann;ing Commission Meeting , Wednesdays _July 9, 1950 Pae b $�. 6 { 96 RECEIVE E•NVIRO,. ,NTAL 2UALITY COMMISSION MINUTES : JUNE 17, 1980. TION by Mr. Langenfeld, seconded by Mrs. Hughes, to receive the June 17, 1980 Envi w nmental Quality Commission minutes. The PCA, which is responsible for the development in a certain area is also responsible for remov g all the contaminated Creosote soil. UPON A VOIC OTE, ALI. VOTING AYE, CHAIRMAN IiARRI.I DECLARED THE MOTION CARRIED Uw'NimOU5LY. MOTION by Mr. Lang feld, seconded by Mrs. Hughes, that the Planning Commission request the City Co u cil to swpply the Environmental Quality Commission with copies of Department of. Heal Studies, Communications with the Comprehensive Health Department of. Anoka County, MPCA udies and Communications, memos and communications between the City Council or City nager and Onan Corporation and Metronic Corporation. for review to try and determin 'what, if anything, can be done about the creosote problem. UPON n, VOICE VOTE, ALL VOTIN AYE, CHAIRMAN HARRIS DECI tiiRED THE MOTION CARRIED UNANIMOUSLY. ,Motion by To.ngenfeld, seconded by .rs. Gabel, that the Planning Commission request the City Council for the latest in rmation -regarding the Joint Powers Agreement . with %.noka Counry. UPONIII .A. VOICE VOTE, ALL VOTING AYE, CHA. HARRIS DECLARED THE MOTION PASSED UAIANI&OUSLY. MOTION by Mr. La.ngenfeld, seconded by Mr Wharton, to recommend to City Council, through Planning Commission, that Earth Week, pril 1981, be declared "clean-yup week jin the City of Fridley." The Enviroamenta Quality Commission would ask the Planning Commission and City Council to give n indication of what type of support: the City would provide, I. E., trucks, gar ge bags,. etc. The Environmental Quc�:{.ity Commission: feels the co,. ept of planning eh- week could be helped by coxitact~ing localcitizen agencies such as the Boy Scouts, Jaycee etc.-i to assist in carrying out the clean-up. UPON 'A VOICE VOTE, -ALL VOTING A':Y, CIMI.RMAN 111U,IS r'ECLAR T11E MOTION PASSED UNANIMOUSLY. 10. RECEIVE THE ENERGY COMMISSION MINUTES: JUNE 24. 1980. MOTION by N:r. Murton, seconded by Mrs. Hughes, to receive tla June: 24, 1980 Energy Commission minutes. The I::nergy Fair is to take place in September or the l;t part of Octo r. Mr,, Boardman said that the City is presently working on a computer pr6gr to monitor street lights co provide for batter energy consumption. He si:sd at they ;are Promoting the ixtage that the City is doing some.ching about energy conservation. The City is also reducing the size of it's vehicles. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION PASSED UNAN IMOU SLY. 1 3-LA1nQING COMMT.SSION r•L' ET.ING, JULY 23, 1980 �.�_•.__ PAGE 8 OA #30-03 would bc, before City Council for approval on Lot 21 only. 3. CONTINUED PUBLIC REARING: REQUEST.` FOR A SPECIAL, USE PERMI SP #80-08, BY CARL E; CHRISTENSEN,�D/B/A (3I1RISTENSi3N AUTO BODY: Per Se 1, 3, D, to allow a garage for the storage, repairs and servicing of motor vehicles not over two-ton capacity, located on Lots 21; 22, 2 , and 24, Block 6, Fridley Park, tine same being 6501. East River Road N.E. MOTION by Ms . Hughes, seconded by Ms . Gabel, to open the public hearing on SP #80•-08 by Carl E. Christensen. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing open at 9:29 p.m. Mr. Boardman stated this special use permit is for the auto body operation. In order to allow the use of Lots 22, 23, and 24, which are zoned R-3, two special use permits are going to be needed--one to allow Lot 21 to be used as an auto body repair shop and one to allow parking on Lots 22, 23, and 24., .Mr. Harris asked if there were any stipulations with the use of the building that the Commission should be concerned about such as a filtering system? Ms . Hughes stated she did not think so with the size_ of this building. The . only thing she would expect: is that if Mr. Christensen opens up a door to the parking lot, there might be some need for them to require any future door on the north side to be closed at all times . 3he=did not see any problem wit:i leaving the Mississippi St . door open, because that does not now and is not likely to impact the neighborhood in terins of noise. Ma:. Boardman stated that since the first special use permit is restricted only to Lot 21, it would require Mr_ . Christensen to do some landscaping on Lot 21. Another thing that should be considered at: this time is bikeway/ walkway easements along Mississippi St. within the 20 ft. green area. This would not restrict his area as far as parking area or the building. MOTION by Ms . Hughes, seconded by Ms . Gabel, to close the public hearing oil pant 1 of SP #80-08 by Carl E. Cliristensen'. Mr. Nash stated,lie thought there should be a limit ori,Mr. Christensen's business hours. Mrs. Langer stated she has never heard any noise from Mr. Christensen's t)uss.ness, t;)ut they do hear noise from the car- wash across the street, which operates until late hours . UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC IIEAP.ING CLOSED AT 9:54 p.ill. ` I F_•-+-.r•«.w-+•.� -�rw^-3r.-e.o..,.. -..u.•.y...+...+sR.,�r--•......,«..,.. 'F'.....- c•...nrrr•-.•a-.,ox .. 'T.c,, ,. ^.n:n+�.oa""�.,"' ...+�,..,. r ..:,4-;^"r"r'T,.;+^�tt,'•'Fn.,:..,..,r.,. .,.,...,...,.. At s ' f + PLAP�NG COMMISSION Mi.ETING,_JUI..Y 23, 1980- PAGE 7 *1. Hughes stated she was somewhat reluctant to vote for rezoning in a block to re everything•is residential, -and it seemed sensible to leave Lots 22, 23, •, ar4 as an R-3 area, In looking at the properties on the four corners of that ntcrsection, it was not out of character to leave that corner lot cobrm?cr 'al in some form. It would seem to her very passible for this property to becorr a lot more attractive for other uses than an auto-body, once rezoned. ..However, e did not see any good way out of the dilemma of putting it all into one kindo oning. If she lived in that area, she would rather see it not rezoned, but he did not get that feeling from most of the neighbors . There are certainly ise impacts and visual impacts just by the character of Mississippi . and East River ad at that point . East- River Road is a major highway at that point and not par 'cularly conducive to residential uses . She thought there wa some good rati ale for rezoning, but the impact ori that property is going to come when the pro rty is sold for some other use. Ms. Gabel stated she he d the neighbors saying it was no problem with an auto body repair shop, b were concerned about rezoning and what could happen doom the line. She was co erned about that, too. Also, it Was really a spot rezoning, an expansion of a on-conforming use. Mr'. Harris stated he has looke over the building quite extensively. . He stated hecouldnot vote for rezoning t C-2 for the reason that rezoning to C-2 world probably solve the iirenediate roblem, but they have to look at the ultimate impact on the surrounding ighborlhood. The rest of that block i zoned R-3. As much as lie would like see Mr. Christensen have a thriving business, lie could not vote for rezoni because it does not fit with the character of the rest of the neighborhoo MOTION by Mr. Wharton, seconded by Mr. Treu fels, to recommend approval to City Counc:I.1 of a rezoning request, ZOA #80- by Carl E. Christensen, D/B/A a Christensen .Auto Body: Rezone Lots 22, 23, an 24, frau R-3 (general multiple family dw lling)to C-2 (general business areas), and Lot 21, from CR-1p (general office and limited business) to C-2 (general busi ss areas), all located in Block 6, Fridley Park, to make zoning consistent w� use of the property as t as auto body shop, the same being 6501 East River Ro N.E. _ k UPON A VOICE VOTE, IIARRTS, HUGHES, GABEL, VOTING NAY,., I RTON AND TREUENFELS VO'T'ING AYE, CHAMVu'q HARRIS DEQLARI D THE MOTION FAILED 3-2 VOTE. 140171.0\T by Ms . H1£1Lhes, seconded by Ms . Ga.bei to recommend a) oval to Cites E Ca l of rezoning request, ZOA #80-03, by Carl E. ChristensX, D/B/A Chr'istensefi fauto Body, to rezone Lot 21 ncralffice and 1i.rrtted busincss) to C-2 �£;eneral business., areas 2—located in B1 c 6, Fridley Par-lc to make zonirl consistent witli use of the property, a an auto bode the same beim; 6501 Last River Road N.E. llr� Treuenfels stated he would like to see Mr. Christensen-Is business a and. UPON A VOICE VOTE, IIARRl•S, 1IUGHL'S, W11ARTON, GABEL, VOTING AY-E.,, TREUENFELS ABSTAINING, CHAIRMAN HArRIS DECLARED TIIIJ MOTION CARRIED f RANTING COMnISSION ME ETING,* TTJLY 23_z 1980 r PAGE 9 -MOTION by Ms . Hughes, seconded by Mr. Trcuenfel.s, to recommend approval to City Council of part 1 of the request for a special use permit-, S1' #80-08, by Carl E. Chzi_st-ensen�, D/B/A Christensen Auto Body: -To allow a garage for the use of: an auto body shop located on Lot 21, Block 6, Fridley Park,... the same beim 6501. Last River Road N.E ., with the following stipulations: 1. That an acceptable landsca ing_plan be approved by City Staff.. 2. That easements be dedicated for a bikeway/walkway system on Mi S. i s s i pp S t. /9w0 04JI R�t✓E[ R aAO, a. That any future door on the north side of the building be kept closed except when vehicles go in and out during the hours of business operation. 4. That the hours of business be limited to 7:00 a.m. .to 10:00 P.M. Mr. Wharton stated he intended to vote in -favor of this motion, and he also intended to do everything he could to keep Mr. Christensen. in business . UPON. A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Wharton, seconded by Ms.. Hughes, to open the public hearing on part 2 of SP #80-08 by Carl E. Christensen. Upon .a voice vote, all voting aye, Chairman Harris declared the public hearing open at 10:00 p.m. Mr. Boardman st^.ted this wwld be a special. u-se permit to allow the use of a parking lot oti R`-3 next to _an adjacent business to be used for that bus'.ness . It would have to meet the setback.requirements and require a landscaping 'plan according to city code. Mr. Harris stated he thought it would be appropriate for Mr. Christensen and Mr. Nash to get together with Staff to discuss the landscaping on. the north end of the property to come up with a landscaping plan that would be agreeable to. all parties . . MOTION by Mr Wharton, seconded by Ms . Hughes, to close the public hearing on part 2 of SP #80-08 by Carl E . Christensen. Upon a voice vote, all voting aye, Chairman Harris declared the public hearing closed at 10:05 p.m. MOTION by Ms . Gabel, seconded .U3L Mr. Treuenfels, to reccminend approval to city Council of. Part 2 of the request for a special use permit, SP #80-08, by Carl E. Christensen, D/B/A Chrls+t-ensen Auto Bocce' To allow the use of a parkin lot zoned R-3 adjacent_ to a business to be used for that business, located on Lots 22, 23, and 24, Block 6, Fridley Parkes the same being 6501 East River Road N.E. , with the followins; stipulations: 1. That a landscaping plan be worked out satisfactorily with City Sta.ff.1 rir. Christensen, and Mr. Nash on the north eixi of the Pxoherty_- 2. That easements be dedicated for a bikeway/walkwa ysystem on 3. That thehour.s of bu<si.ncss•-be limited to 7:00 a.m. to 10: 00 p.m. UPON A VOICE, VOTE, ALL VOTING AYE, CHALP.MAN 1TA1'.I�IS DECI,AI2LD THE MOTION CAr r�lED tTNANT.MOUSLY SII - tE 3F PLANA ZING COMMISS7.ON MEETING, JULY 23, 1980 PAGE l.0 , Mr. Barris stated that •both parts of SP #80-08 were recx)nmiehded to City Council for approval'. Air. . Boardman stated that the rezoning request will go to City Council on Sept . 15. Action on the special use permit will probably be tabled by City Council until they take action on the rezoning on Sept. 15 . LOT SPLIT RLQUEST, L:S: #80-04, D & E CONSTRUCTION: Split off the South 14- fee:: of Lot 7 and add it to Lot 6, Block 27, Hyde Park, to ke a new building site, the same being 5775 2? St. N.E. (Lot 7 a essed as 5783 2' St. N.E.) Mr. Barri_ tated this was not a public hearing, but they would conduct it as an i.nfor 1 public hearing. Mr. Boardman st -ed there is presently a duplex on Lots .7 and 8. Lot 6 is a'' separate lot th is -a 40-ft. lot, What the petitioner would like to do is add 14 ft, taken f Lot 7, and add that onto Lot 6 to make Lot 6 a. buildable lot size. That makeof 6 a 58-ft. lot. He stated that a ccuplex-size lot requirement is 10,000 ft. , and this lot split brings the lot size of the duplex don to 9,600 sq, t. This is still over 9,000 sq. ft. which is allowed for a single family, and a in.gle family is only allowed in this special zoning district. Ms. Gabel sfated. she was concer d about the size of the house that was going to be rut on 'W S lot and chat ki of vaxi.:aaces .would be needed to build thea house, Mr. Boardman stated that the. bui7.der, Forrest Melville, D & E _Construct.ion, was in the audience and could answer tho questions . M-. Melville stated D & E Construction was resenting Mary Ann I.opp. He sated what they are attempting to do is put _ a 24` x 36` or a 24; x 40° house, -.nd it would probably have to be put- end s on the lot. Otherwise,, . the lot- would not have enough setback. Ms . Kopp going on a 235 mortgage and under a 235 mortgage she cannot afford to buy a of over.$10,000. That is why they are attempting to get- the lot, split and. p the cost down. One of the reasons they are before the Planning Commission because they had , ,,other lot for Ms,' Kopp, .but it was found unbuildable. s a result of that, Ms, Kopp had already sold her house trailer and is now liv from place to place with her two children. They are attempting; to move as -ast as they can as she needs a place to live. Mr. Melville stated D & E Construction works tirith•a company callec the Stratford Company in Stratford, Wisconsin, which builds houses that re considered module. The building is built out of state but will pass 1 Minnesota state regulations and FRA requirements,. etc. . . I ^."!w.,...,..r••avn r..-+•+au^.^�.^`k'^I',�_, ,_,+..:«�+»q•. "1'. ,.....•.;.rp.:.�,.•err.. ...�.c,.i•. ... i...�;_"np.:,-...y'S'•t++."a.a,..*".,t'!Tmw....rt��,rroRp,..'rMw..or.. .. .,.. ..-.....- , i (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast in the council Chambernat 7ber 1 980 30 P.M.for the purpose of: Consideration of a request for a Special Use Permit,SP#80-08,by Carl E. Christensen, D/B/A -Christensen Auto Body,per Sec- tion 205. 101, 3, D, to allow a garage for the storage, repairs and servicing of motor vehicles, not over two-ton-capacity, lo- cated on Lots 21,22, 23 and 24, Block 6,Fridley Park,or an alternative;as recommended by the Planning Commission, The Special Use Permit, SP80-08,be allowed on Lot 21 only for a garage,and as per Section 205.071,3,F,that Lots 22,23 and 24,be used for off-street parking spaces for any use on adjacent land(R-3 zoning), all located at 6501 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated ti WILLIAM J.NEE Mayor (Aug.27&Sept.3,1980)-FRID PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, September 15, 1980 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a request for a Special Use Permit, SP #80-08, by Carl . E. Christensen, D/B/A Christensen Auto Body, per Section 205. 101 , 3, D, to allow a garage for the storage, repairs and servicing of motor vehicles, not over two-ton-capacity, located on Lots 21 , 22, 23 and 24, Block 6, Fridley Park, or an alternative; as recommended by the Planning Commission, The Special Use Permit, SP #80-08, be allowed on Lot 21 only for a garage, and as per Section 205.071 , 3, F, that Lots 22, 23 and 24, be used for off-street parking spaces for any use on adjacent land (R-3 zoning) , all located at 6501 East River Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: August 27, 1980 September 3, 1980 200 REGUALR MEETING OF AUGUST 4, 1980 PAGE 2 Mayor Nee felt, if Mr. Lind wished to do so, it may be best to submit his 4 questions, in writing, so the City could respond. / NEW BUSINESS: I CONSIDERATION OF 1981 PRELIMINARY BUDGET INCLUDING REVENUE SHA NG AND SETTING PUBLIC HEARING FOR SEPTEMBER 152 1980: i Mayor Nee stated the City Charter requires the City Manager io develop the budget and this is done through conferences with the CounciY and administrative personnel. Mr. Qureshi , City Manager, stated the proposed budget is $6,262,842. He stated'' i there is a reduction in some of the special grants, suc as community develop- - -) ment and selective traffic enforcement, which were rec ived in the past years. Mr. Qureshi stated the budget proposed would essenti ly sustain the level of services, with slight emphasis in the areas of poli and parks and recreation. He stated, when the public hearing is held, a detai ed analysis of the budget would be given. i MOTION by Councilman Fitzpatrick to receive 'the ity Manager's proposed budget for 1981 and set a public hearing for September 15, 1980. Seconded by Council- man Barnette. Upon a voice vote, all voting a , Mayor Nee declared the motion carried unanimously. RECEIVING THE PLANNING COMMISSION MINUTES OF JULY 23, 1980: CONSIDERATION OF SPECIAL USE PERMIT, #80-06, ,TO ALLOW -CONSTRUCTION OF SECOND ACCESSORY BUILDING, A DETACHED/GARAGE, 6260 STARLITE BLVD., JEROME CHRISTENSON: i ;4 Mayor Nee stated Councilwoman Moseshas requested this item be deferred until f she arrives at the meeting. CONSIDERATION OF REZONING RE U T, 70". 480-03, TO REZONE FROM R-3 TO C-22 TO MAKE ZONING CONSISTENT WITV USE nF PROPERTY AS AUTO BODY SHOP, 6501 EAST RIVER ROAD, CARL E. CHR TENSEN, dba: CHRISTENSEN AUTO BODY: MOTION by Councilman Fitzpatrick/Seconded o set the public hearing on the rezoning request for September 15, 1980. by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the no n c ed unanimously. CONSIDERATION OF REQUEST FOR SPECIAL USE PERMIT SP #80-08, 0 ALLOW GARAGE FOR STORAGE, REPAIRS AND SERVICING VEHIC ES NOT 2-TON CAPACITY, 6501 EAST RIVER ROAD, CARL E. CHRISTENSEN, dba: CHRISTENSEN ,AUTO BODY: MOTION by Councilman Fitzpatrick to consider this special use permit request, SP #80-08, after the public hearing and consideration of the rezoning request. Seconded by Councilman Schneider, Mr. Flora, Public Works Director, stated there is a special use permit request for Lot 21, Block 6, Fridley Park and also a special use permit request for Lots 22 23 and 24 of Block 6, Fridley Park. ,a k. . He stated the Council has called for a public hearing on September 15 to address the question of rezoning Lot 21 and then, in order to have an auto repair shop in a C-2 zone, a special use permit is required. He explained the second issue is the additional three lots, as there was a request to rezone these lots also to C-2, but the Planning Commission j recommended they remain as R-3 and a special use permit be given to Use them for I parking. Councilman Fitzpatrick stated the rezoning hearing will presumably be for all four lots in question although the recommendation from the Commission is to rezone only Lot 21. I COUNCILMAN FITZPATRICK WITHDREW HIS MOTION, WITH THE PERMISSION OF HIS SECONDER, COUNCILMAN SCHNEIDER. 1 r i i r 199 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 4, 1980 The regular Meeting of the Fridley City Council was alled to order _ I 7:32 p.m. by Mayor Nee. /c at PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the I flag. i ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman/Fitzpatrick, Councilman Schneider and Councilman Barnette - Councilwoman Moses (arrived at 7:55 p.m.) MEMBERS ABSENT: None -.•• Mayor Nee stated Councilwoman Moses would be late for this meeting as she was attending a community neighborhood meeting, PROCLAMATION: Ms. Norma "Buzzy" -Hansen appeared before the Council to request the issuance of a proclamation proclaiming National Clown Week, August 1 - 7, 1980. i Ms. Hansen stated their organization is approaching communities in Anoka County 11 requesting issuance of proclamations ,for National Clown Week. Ms. Hansen was dressed in her clown attire and introduced fellow clowns, Spongy and Munchkin. She stated they have appeared in events in Fridley including the 49er's parade, Unity Hospital aM at the nursing homes. MOTION by Councilman Schneider to ,approve a proclamation proclaiming the week of August 1 - 7, 1980 as National :Clown Week. Seconded by Councilman Barnette. Upon a voice vote, all voting a7980: Mayor Nee declared the motion carried unanimously. i. APPROVAL OF MINUTES: REGULAR MEETING, JULY 21, Councilman; Schneider asked if do Page 3, the third paragraph, there should be i some reference made that thereis an existing house on the lot. Mr. Herrick, City Attorney, felt the record would speak for itself. MOTION by Councilman Schneide to approve the minutes of July 21, 1980 as presehted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Fitzpatrick req ested an item be added, as follows: of Additional Street Light� : ng on 3rd Street between 51st and 53rd". I MOTION by Councilman Fitzpatrick to adopt the agenda with the above addition. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carri,od unanimously. OPEN FORUM, VISITORS: I Mr. Leonard Lind, 1620 74h Avenue N.E., appeared before the .Council concerning road restrictions in the; City. Mr. Lind stated he was not satisified with answers he has received and would like to submit his questions in writing for a response from the City. J 1 i. 102 REGULAR MEETING OF MARCH 17,'1980 k PAGE 3 agencies. She stated the corporation is GBS, Inc. and one of the directors applied for the special use permit. Councilman Schneider questioned if there might be a problem in granting this special use permit to an individual, rather than the corporation. Mayor Nee indicated the special use permit is granted to the site or property. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. j MOTIOtd by Councilman Schneider to receive the minutes of the Planning Commission Meeting of March 5, 1980. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the moti)bn carried unanimously. RESOLUTION NO. 27-1980 AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL AND OTHER FUNDS BUDGET FOR THE YEAR OF 1979: ! j Mr. Brunsell, City Clerk, stated the primary purpose of;this resolution is to set up a budget for some special revenue funds, priufarily funded by grants. MOTION by Councilman Fitzpatrick to adopt Resolutio,ll No. 27-1980. Seconded i by Councilman Schneiaer. Upon a voice vote, all v,Eiting aye, Mayor Plee declared the motion carried unanimously. RESOLUTION NO. 28-1.980 SEPARATING PRECINCT 3 GF;WARD 2 INTO TWO VOTING DISTRICTS AND DESIGNATING POLLING PLACES THEREFORE: Councilman Schneider asked if the residents have been notified of this change. Mr. Brunsell, City Clerk, stated ttrie County would take care of this because they have the voter registration certificates at the County offices. MOTION by Councilman Schneider to adopt%Resolution No. 28-1980. Seconded by Councilman Barnette. Upon a voice /ote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT//- INDUSTRIAL TYPE TRACTOR: MOTION by Councilman Barnette to rAceive the bids for this industrial type tractor and award the contract to/the low bidder, Midway Ford, in the amount of $9,476. Seconded by Councilman Fitzpatrick, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. r RECEIVING BIDS FOR NORTH PARK BUILDING: Mr. Qureshi, City Manager, sfated bids were received for the building in North Park and-the low bidd(* was Bud Johnson Construction Company. Mr. Qureshi stated ten alt rnatives were listed in the bidding in order to give the City flexibility in choosing additional items. He explained the base bid was higher than !allocations received from the grant. Mr. Qureshi stated, sin e the time the bids were received, other areas were reviewed in the buildi g to determine what could be removed or scaled down in order to bring the ost reasonably within the funds that are available. He stated several cha ,ge orders could be considered by the Council. One change order would r duce the contract by $51,575 and removes such things as inside cabinets, alwall roof, small partitions and most of the air conditioning, howev r, it does retain the integrity of the structure as proposed in the pl ns. I 103 REGULAR MEETING OF MARCH 17, 1980 PAGE4 « i Mr. Qureshi stated change order No. 2 would add Alternate 1 in the amount j of $10,800 to provide additional storage space. He felt it would'be cost effective to add the space at this time, since the cost is less than $24 a square foot, while the rest of the building is actually costing over $70 a square foot. Another change could be for the use of Kalwall instead of conventional roof system. He stated this would be more pleasing and give an openness appearance, and would also have diffuse light and reduce Any artificial light needed. He pointed out on the negative side there is the cost factor and the insulation rate would be R-6 instead of R-12, which is half the insulating value of a normal roof. He stated in winter it would lose energy, and in summer would have the potential of creating a high temperature inside. He also felt there might be a greater potential for vandalism. Additional funds would have to be raised if some of these alternates are going to be added to the project. Ms. Barbara Hughes of the Parks and Recreation Commission stated the Commission did review the plans and supports the recommendation of the City Manager and staff. She stated the Commission was in agreement to add Alternate 1 for the storage room which they felt was appropriate. She statedthey will go out with members of the Springbrook Foundation and try to raise money to help complete the, building. Ms. Hughes stated she was pleased with th� building plans and what they can get for the price.. Councilman Barnette stated it seems, over the last six years, he has heard money was going to be raised. f i Ms. Hughes stated the Springbrook Foundation has been very instrumental in getting the initial grant. She,pointed out the Commission is unanimous in saying this is a Fridley park and building is the City's responsibility. She stated she was happy with the interest in the community to provide some of the things on a volunteer basis, however, the Commission is ready to say they should be doing this out of City funds. Mr. Siah St. Clair, Naturalis /Resource Coordinator, stated, he felt , even with the change orders and d etions, the City would still have an excellent building to maintain the /dequate grams. Councilman Barnette quested the item regarding site grading. Mr. Qureshi stated he felt there was fill potential on the site and this was added as an assurance to he contractor who was riot familiar with the si-,e. Councilman Barnette a14 pointed out that the City would provide sewer and water connections within five feet of the building and assumed this would come from the sewer and water portion of the City's funds. Councilman Barnette so questioned if the air conditioning would be elimi- nated entirely. i I Siah St. Clair stato.d air conditioning would be omitted in the exhibit area i and auditorium typi rooms. He felt they would have adequate ventiliation in these areas because of the type of windows. Councilman Barnette stated this is exactly the type of thing some people thought would happen, that is, committing the City to a large sum of money. f He stated ire didn't think it was the original intent of the whole idea. I 1 � i Ms. Hughes felt khe usage in North Park shows the community supports the project. She s ated the project can be clone now with the money they have and probably co idn't be done in the future for this cost. She stated she felt they would not lose the grant money and use it wisely and that it would be a ery fine facility when it is finished. i i I i i 4 i i REGULAR MEETING OF OCTOBER 6, 1980 PAGE 4 . CONSIDERATION OF SPECIAL USE PER-MIT) P 4'80-03 TO ALLO';J GA?AGE FO^ STORAG;, REPAIRS AND SERVICING OF VEHICLES NOT- --�' CFiPACITY, WITH COi Sif;E^�.TIO'1 OF ALTERNATIVE, 6501 EAST RIVER R.O,4D, Ct1RISTE"lS i� AUTO BODY (TABLED SE? Ei3�2 ?_2, 1980): Mr. Flora, Public Works Director, stated the original request was for a rezoning of Lots 21 through 24 of Block 6, Fridley Park, however, at the Planning Commission hearing, it was recommended only Lot 21 by rezoned, with a special use permit on the other parcels. Mr. Flora stated when this item was heard by the Council, the decision was to i rezone two parcels to C-2 and leave the other t�.;o parcels as R-3, with a special use permit for parking. He stated what is now before. the Council is consid- eration of a special use permit to allow parking on the R-3 lots, in conjunction with the rezoning of the other two lots to C-2. MOTION uy Councilman Fitzpatrick to grant special use permit, SP 180-08, with the following stipulations: 1. That a 15 foot bikeway/walkway easement be dedicated along Mississippi Street and along East River Road. 2.' Thac landscaping be designed and installed according to City staff recommendations. 3. That a wood screening fence be constructed along the east and north property lines. 4. Thai. no damaged cars be parked outside of the screening fence surrounding the parking lot. 5. That the drainage plan and control structures be approved by the City staff. 6. That the hours of business be limited to 7:00 a.m. to 10:00 p.m. Seconded by Councilman Barnette. Mr. Qureshi, City Manager, stated Councilman Fitzpatrick made a car:Tent, when the rezoning was being considered, regarding the access on the corner of this property. - ----- Mr. Qureshi stated only two access points would be available to this property, one is the existing driveway to the south and the other access would be in the middle of the parking area and all other access areas would be closed off. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 717 ADOPTING THE BUDGET FOR FISCAL YEAR 1981: MOTION by Councilwoman Moses to waive the second reading of the ordinance and adopt ordinance #717 on the second reading and publish. Seconded by Councilr.an Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF ORDINANCE TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE, BERLIN ADDITION, BURLINGTION iiORTHERN RAILROAD: Mr. Flora, Public Works Director, stated a first reading of an ordinance to vacate the streets and alleys in Berlin Addition was given in 1972, however, there was never a second reading of the ordinance. Mr. Flora felt, because of the time lapse, the process should begin again and a public hearing set for November 10, 1980. L:33 PUBLIC HEARING MEETING OF SEPTEMBER 15, 1980PAGE 4 Mr. Qureshi, City Manager, stated this has been difficult corner for the City in that the building is there and doecreate a traffic hazard on the present layout. fie felt, if the rezon ung is approved and a special use permit granted for the two northerly lot , there should be a number of stipu!ations so it is clear what is require He felt the property should be landscaped and the entire parking area ouId have a solid fence. He felt two driveways should be available, o e in the middle on the west side and the existing driveway which will, ho e;,-ully, provide a better traffic flow. He stated easements would also needed for the future bikeway/ walkway. MOTION by Councilman Fitzpatrick to lose the public hearing. Seconded by Councilwoman bioses. Upon a voi e vote, all voting_ aye, Mayor Nee declared the motion carried unani ously and the public hearing closed at 8:13 p, m. Mayor Nee stated staff would p epare a proposal for the Council's consideration at the meeting ext week. Councilman Fitzpatrick poi ed out what action the Council takes would be on a different proposa than the one that was originally petitioned. PUBLIC HEARING ON REQUEST FOR SPECIAL USE PERMSP X80-08 TO ALLOW A GARAGE FOR STORAGE, REPFIRS AND SERVICING OF VEr'�.F.S_W�;$Y- 2-TON CAPACITY, WITH CONSIDERATION OF ALTERNATIVE, 6501 EAST RIVER ROAD, CARL E. CHRISTENSEN, dba: CHRISTENSEN AUTO BODY MOTION by Councilman Ftizpatrick 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 mction carried unanimously and the public hearing opened at 8:15 p. m. Mayor Nee stAted the subject of this hearing is whether or not to allow parking on the R-3 zoned land in conjuction with the body shop at 6501 East River Road. i Mr. Nash, 6509 East ?,ver Road, stated at the Planning Commission meeting there was a question regarding the legality of a special use permit. Mr. Herrick, City Attorney, stated a special use permit can be granted on residential property for parking purposes. Councilman Schneider felt perhaps what Mr. Nash was referring to was j the expansion of a non-conforming use. i Mr. Herrick stated if you have a use that is inconsistent with the i zoning, you cannot expand it, but that isn't germane to the question if you can have a special use permit in an R-3 zone for parking for a commercial use. MOTION by Councilman Ftizpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:20 p. m. { PUBLIC HEARING ON AN did-SALE LIQUOR LICENSE io RALPH S. VIR_GILLO FOR i THE PROPERTY LOC;VF0 AT 8298 UNIVIZ—A'Y AVE UE N. E.(DBA: RAFFAELE'S SUPPER CLUB, INC. ): - AND -- — CONSIDERATION _ OF TRANSFERRING SIGN VARIA CE FROM CHARLIES IN FRIDLEY TO {E1FFALE'S SUI'{'t2 CLUB: I MOTION by Councilwoman Moses to waive he reading for the public hearing notice and open the public hearing. econded by Councilman Barnette. Upon a voice vote, all voting aye, M yor Nee declared the motion carried unanimously and the public hearing pcned at 8:21 p, m. i CITY OF FRS LEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55412 TELEPHONE ( 612)57'1-3450 October 6, 1980 CIT_'COUNCIL ACTION TAKEN NOTICE Carl E. Christensen Christensen Auto Body 6501 East River Road N.E. Fridley, Mn 55432 ZOA #80-03 and SP #80-08 Dear Mr. Christensen: On October 6, 1980_ t t' Council officially _ he Fridley C; y app;•ove yc, ,r re(ju st for Rezoninq and a Special Use Permit with the stipulations listau below: Lots 21 and 22 were rezoned, and the Special Use Permit was approved for operation of a garage on these two lots: On lots 23 and 24, a Special Use was approved to allow parking on the R-3 zoned lots for an adjacent business, with the following stipulations: 1. That a 15 foot tikeway/easement be dedicated along Mississippi Street and along East River Road. 2. That landscaping be designed and installed according to City staff recommendations. 3. That a wood screening fence be constructed along the east and north property lines. 4. That no damaged cars be parked outside of the screening fence surround the parking lot. 5. That the orainage plan and control . strucLur-es be approved by City staff. 6. That the hours of business be limited to 7:OO a.m. to 10:00 p.m. 7. Only two access points would be available to this property. One is the existing driveway to the South and the other access would be in the middle of the parking area, and all other access areas would be closed off. NOTE: City Council approved the rezoning, but will hold off publishing the ordinance until the City receives landscaping and fencing agreement and easements for Bikeway/ Walkway from you. If you have any questions regarding the above action, please call the Community Development Office at 571-3450. S' ely, RROLD L. RDiSAIN r JLB/de City Planner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with acior. tikj�ii.-