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FALCON HEIGHTS CITY COUNCIL MINUTES -10- July 28, 2004 Proposed ordinance~roviding_for the addition of rental storage space as an Interim Use in B-3 Zone (continued from Ju1~14, 2004) Council member Lamb said he would be inclined to table this and ask staff and TIES to work out conditions under which this would be more acceptable. Conditions: What would be stored there. Paperwork. Inspections. Insurance coverage. As he understands it, there won't be any signs out there. Mini storage, to him, means there is signage. There won't be any advertising. This is a low key thing. He listened to the distribution of the activity. The buildings won't change. Fundamentally, we have to respect property owners' rights to use their property as long as it is consistent with public health, safety, morality, etc. If the City and TIES can come to an agreement, he doesn't see where we will compromise public health, safety, morality, etc. The language in the permit would have to be fairly restrictive. His recommendation would be to table this for 30 days. Ask staff and TIES to get together. Come together on the language of the permit and see what happens. An IUP does give the City the ability, at regular periods of time, to revoke the thing and reverse direction if this is something other than what it is being portrayed as. Some of the objections that staff made are very valid, although he thinks they can be addressed. Some of the other objections have a little bit less merit. In response to a question from Council member Lindstrom about the 120 day time line, Administrator Worthington said that September 7 is the deadline. The Council will only meet one more time between now and September 7. This item would need to be brought back to the Council at the August 25 meeting. Mr. Bertz asked if he could waive the 120 day limit. Attorney Knutson said TIES would have to grant an extension in writing before the clock would run out. Realistically, the City would need this in writing before the next Council meeting. Mayor Gehrz said that if the City doesn't get the extension in writing and the Council doesn't take any action tonight, what will happen? Attorney Knutson said if the Council doesn't do anything and time runs out, then the amendment happens by default. Mayor Gehrz said she wouldn't be comfortable leaving it that way. Mayor Gehrz said that procedurally, the Planning Commission has asked to look at the issue of storage. It would make good sense for that to happen before this comes back to the Council again. When would the Planning Commission be doing that? Council member Lamb said there is one more Council meeting before September 7. If the City doesn't get the waiver by August 25, this will be on the August 25 agenda for an up or down vote. Council member Talbot said the Planning Commission was asked to advise the City Council on up or down on storage, a changed use in the B-3 Zone. They said no. The allowed uses for the B-3 Zone are comprehensive, have planning, purpose and continuity to the other districts that • are set aside for specific purposes. ~o