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12/09/1974 - 00015590� I� ��� THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF DEGEMBER 9, 1974 The Public Hearing Meeting of the Fridley City Council of December 9, 1974 was called to order at 7:32 P.M. 6y Mayor Liebl. PLEDGE �F ALLEGIANCE: F1aor Liebl led the Council and the audience in saying the Pledge of Allegiance to the 9• ROLL CALL: MEMBERS PRESENT I'iEMBERS ABSENT: A�OPTION OF AGENDA• Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Breider, and Councilman Starwalt. �done. MOTION by Councilman 5tarwalt to adopt the agenda as presented. Seconded by Counci7- man Utter. Upon a voice vote, all voting aye, ilayor Liebl declared the motion carr�ed unanimously. PUBLIC HEARINGS: ON THE �UESTIDN OF ISSUING AN ON-SALE LIOUDR LICENSE TO MAX SALITERMAN Mayor Liebl read the Public Hearing Notice to the Council and audience. ihe Chairman declared the Pu61ic Hearing open at 7:37 P.M. Mayor Liebl called on Mr. Saliterman to present the request. Mr. Saliterman addressed the Counc�l and informed them that he was the property owner of the block of stores in Shorewood Plaza. 11e said he had presented a copy of the plans for the remodeling of the King's Chalet. He stressed, it would not be feasib7e to open the restaurant wtthout a liquor license. Ne mentioned in the applicatton, all of the necessary requirements of the State Statutes and the City Qrdinances would be met. He re�;utsted the approval of the license to reopen the restaurant. He pointed out to the Council that he had paid taxes in the amount of $58,217.28 per year and three of the stores in the Shopping Center are vacant. He mentioned those being the G& K Cleaners, Shorewood Cycle, and the restaurant. He continued saying he had confidence in the area and thought the area would be rebuilt to the point that all of the facilities in the Center would be rented. P4r. Saliterman said the restaurant facility is well equipped, and those contractors who had originally equipped it for the first restaurant managers would again be �nvolved in the equipment. He mentioned this firm to be Continental American of Minnesota. Mr. saliterman said he was submitting the old and new plans for the Council's review. rle further pointed out that if the license was issued, this would be a first class rest- aurant. Mayor Liebl asked the proposed seating capacity. Councilman Breider said the plans called for a total of 290 seating capacity, 210 in the dining room and 80 in the lounge. Mr. Saliterman said this was correct. Mayor Liebl said the proposal was for a 8,D00 square foot operation. He pointed out �in the estimated evaluation submitted by the Administration, the Saliterman facility land was valued at $22,000 and the building at $66,000 for a total of $88,000. Mr. 5aliterman mentioned that the other places of this type in the City were evaluated at $150,OOD. f�9r. Saliterman said the value will depend on how well the business does. ��ayor Liebl said Mr. Saliterman had been the first applicant since the election when the voters had indicated they favored an increase in the number of liquor licenses to be issued �n the City of Fridley. He mentioned that there had been other persons applying for licenses and listed them to be the Frontier Glub, ��1aple Lanes and Mr. Bob Schorer who had applied for a license and planned to build a new facility if granted. Mayor Liebl said he felt the new Counci] should take the action on the liquor licenses. He mentioned that there were some strict policies and codes to be set up for this procedure. He said all of the other applicants in the past had to submit a floor � 'v� i PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 2 p]an of the proposed operation and also different designs to justify the request. P9ayor L�ebl asked if Mr. Saliterman had submitted such a plan. Councilman Breider said yes, he had submitted a floor plan. f�1ayor Liebl commented that the members of the Council had received a memorandum from the Pub7ic Works Director which ]isted 12 items of concern of the overal7 condition of the property in Shorewood Center. i�1r. Wyman Smith, Attorney for Mr. Saiiterman, addressed the Counci7 and said he had not seen the listed stiupulations. They had not been submitted to him or Mr. Saliterman. He felt if these were housekeeping items, Mr. Saliterman shou7d comply with the stipulations. Councilman Starwalt said an application was also coming from the Maple Lanes operaiion, and if these were all approved, there would be three large liquor facilities within a block of one another. i�1r. Smith pointed out that there is no question in Mr. Saliterman's mind that this wou7d be good for business. He pointed out that the bowling alley also needs a liquor license to compete for business. He commented that they were faced with the same situation as Mr. Saliterman is, they could not operate a competitive business without a liquor license. He said the other bowling alleys in the area had been issued 7icenses. i-le again mentioned it would not be possible to operate a successful restaurant without a liquor lrcense. P1r. SmTth further stated that the issuance of the liquor licenses would complement the whole area, the bowling alley and the restaurant would both thrive. 1�1r. Smith said he had talked to the 5avelkouls about this and theyfelt the same way, it �s difficult to compete for trade without a l�quor license. Councilman Starwalt pointed out to Mayor Lie61 that the Council had touched on this the past week �n his absence when he was tending to other City business. He said they had talked about how far the City could go in the liquor business. 11e mentioned the question of whether or not the City should go to the maximum in issuance of the licenses. I-le said he was just one vote on the Council and thought this was a serious situation. Ile emphasized that three of the applications that had been received were in his ward, and there were already two licenses issued there. He mentioned who knew how many others would be applying, Fle commented that the present requirement was that the business do at least 50% of its 6usiness in food. He felt th�s would be qu�te an endeavor and questioned if there wou]d be enough market to handle this criteria. Mr. Saliterman said that he was prepared to make a large investment and before this is done, �t would be worked on and researched to determine if this would be feasible. He said this is a nice area with good parking. Ffe felt that there would be room for all of those who had applied. Councilman Breider mentioned he had been looking over the floor plan and noticed that the dance floor was surrounded by the dining area. He recalled there was a facility with this type of floor pian that was uable to do the business in food hecause of an arrangement like this. He mentioned the requirement of doing a 50/50 business in food and liquor. The City Attorney sa�d the food income should total 50% of the income. Councilman Breider said this is the same situation as in a restaurant in Bloomington and they had been having trouble doing the required 50% of business in food. Councilman Nee said Mr. Smith had indicated that the seating capacity of the proposed establishment would be 1,000 persons. I-le questioned if this was correct in light af the f�gures mentioned earlier that evening. Mr. Smith said this was not correct. Before the iayout and plan had been prepared, he had estimated the 1,Q00 which was a total of 250 and as many turnovers as there would be per night. He sa9d this seating capacity had been changed from what it had been. Mayor Liebl asked if the change in plans called for the change of the interior, exterior and change of fixtures. Mr, Smith sa�d the'�interior would be changed, but the fuxtures such as tables and chairs were in good condition and would be used again. Mr. �aliterman agreed and stating they were tn very good condition and will be used Mr.Lbnald Savelkoul addressed the Counci] (concerning Maple Lanes) and said he had �ust a few remarks to make. Ne mentioned what Mr. Smith had said was the position of Maple Lanes on this matter. He mentioned that Maple Lanes had applied for such a license some time ago, and he felt that they should have priority in receiving ' � � ?.;�`a PUBLIC HEARTNG MEETING OF DECEMBER 9,, 1974 pAGE 3 a license. He said he had no ob,7ect�ons to the issuance of a liquor license to Mr. Saliterman. He said they would wish him well and hoped that he would be successful. He said he felt if the Council were limited to the number of licenses to be issued, they would have priority because of their previous application. He said he felt each application should be put forth and judged on its re7ative , merits. He said he did not object to any other applicants as such as competition, he had no feelings about this at all. He said he thought this would be good. Mr. Savelkoul said he would like to have his application considered on its merits and not what would be formulated because of someone elses application. He mentioned tf the priorities are listed, he recalled the time when the City ftrst considered issuing the initial licenses and said they were one of the applicanis at that time. Mr. 5avelkoul called to the Council's attention that priorities were set at that time and someone had dropped out. At this time, the license was issued to Ground Round. He felt if this was taken into consideration, Maple Lanes should be first priority. Councilman Utter questioned Mr. Savelkoul if he had been in contact with the Finance D�rector or the City Manager concerning their liquor license application. He asked if they had filled out a new application at this time. Councilman Utter updated P1r. Savelkoul that according to Ordinance, there is a limited t9me for the investigation and other administrative tasks involved. He mentioned that the public hearing would have to 6e set and puhlication of the notice would have to be ordered. Councilman Utter said Mr. Saliterman had submitted h�s applicat�on in ample time, that is why he was at the heartng stage at the present time. He also felt if the number of licenses was to be limited, this one should be considered. Mr. Savelkoul said before the Council acts on Mr. Saliterman's license, he thought Map7e Lanes should 6e considered. Councilman Utter asked Mr. Savelkoul if he had some plans to remodel the bowling � lanes. Mr. Savelkoul answered, they would have to do some remodeling, they would have to provide a lounge. Mayor Liebl again questioned if they had a kitchen in the plans. I'4r. Savelkoul said they did have a kitchen at the present time. Ile added, they had been serving food and having the restaurant license for 20 years. E[e said they also have a State license and City license for this. Mr. Savelkoul expressed, undoubtedly, if the bus�ness progressed, they would want to do more in the future. He recalled they had originally started with eight bowling lanes, progressed to 10 lanes, 20 lanes, and now have 32 lanes. Councilman Utter said before the hearing closed, 'rie would like to comment that he hoped every member of the Council would thoroughly read the ordinance. Ne stated, some of the requirements the City had not followed in the past. He hoped the members of the Council would read and remember the content, and then follow it. Mayor Liebl said he would like to see the change researched before the City ordinance is amended. flayor Liebl asked if it would be pertinent that the City make these changes and implement this into the City Ordinance. The City Attorney said th�s depends on the Council and what they would look for in this type of licensing. I-le added, it would depend on what kind of businesses the City wanted. M�TI�N by Councilman Utter to close the Public Hearing on the matter of the issuance of the liquor license to Max Saliterman for the King's Chalet. Seconded by Counci7man � Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearin9 closed at 8:49 P.i�l. � Councilman Breider questioned if any formal action had been taken as far as setting a Public Hearing for Mr. Savelkoul for Maple Lanes. He suggested if not, this should be set for January 13, 1974. Mr. Savelkoul explained to the Council that he had an important engagement and would be on vacation during this time. He questioned if this could be handled the meeting after this one. Councilman Breider said this would be January 20, 1975, but the others are coming for Public Hearing the evening of January 13, 1975. He said the Council may want to hear all of the requ�sts and have the hearings ai one time in one group. `�' C� C� PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 4 Mr. Savelkoui again stated he would not be able to aitend the hearrng at this time, chey just would not be in town. He said it would be possible to rest their laurels on the application and the rest of the information to be given to the City Manager and Finance Director. Councilman Nee asked if they would be back on the 20th of January. I`�rs. Savelkou) said no, they would not be back until later in January. � The City Manager said it would be possible to set up the Public Hearing and continue it if there are any questions or concerns at this time. He said this would enable the Council to address all of the liquor license applications at one time. f<ir. Savelkoul said they would be back all of the month of February. MOTION by Counc�lman Bre�der to set the Public Hearing on the matter of the liquor license application as submitted by Mr. Donald Savelkoul for Maple Lanes for January 13, 1975. The City Manager questioned if this wou]d be ample time to get the Pub7ic Hearing notice out and the Finance �irector said yes. SECONDED BY Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unan�mously. Counc�lman Breider asked Mr. Savelkoul if it would be possible to submit the plans wh7ch had been submitted at the time of the previous application which were submitted to the Council at that time. i�ir. Savelkoul said he would do this. The City Manager questioned if the Counci] wanted the matter of the consideration of issuance of the license to Max Saliterman 6ack onithe next meeting's agenda. Mr. Saliterman said this would be large investment if he was to build a place like � the Council wants. He said he has been in contact with some people who are interested �n the proposal and he would not want them to cool off, He said he felt that the businesses would be an asset to each other. Mr. Saliterman said he did not think the City should scatter the restaurants and licenses all around the City. fie mentioned one person he knew of with a shoppinq center and five restaurants in the same center. He felt the closeness of the businesses would bring people to the area. Mr. Smith sa�d he was ,7ust in the process of instructing Mr. Saliterman of the same facts. He stated Mr. Saliterman pays in the area of $57,000 in taxes per year and there is no one occupying the restaurant area. He pointed out that Mr. Saliterman would take care of the housekeeping items and planned to build a first class facility. He said it would be possible to lose interest with this sort of delay. Mr. Smith concluded stating he would rather have the matter handled individually than in a group, but if there is no other way than to have it put off, it wouid have to 6e put off. i40TI0N by Councilman Starwalt to not consider approval of the liquor license as applied for 6y Max Saliterman at the next meeting of the Council, but to consider this on January 20, 1975. Seconded by Councilman Breider. Upon a voice vote, Councilman Breider voting aye, Councilman Nee voting aye, Mayor Liebl voting aye, Counciman Starwalt voting aye, and Councilman Utter abstaining, Mayor Liebl declared the motion carried four ayes and one abstention. OLD BUSINESS: ' CONSIDERATION OF A 1fARIANCE TO REDUCE MINIMUM LOT AREA, f3Y NORTH METRO CONSTRUCTION, fiayor Liebl gave a brief explanation of the request to this point and said the recommendation of the Board of Appeals was to approve the request for the variance. ri0TI0N 6y Councilman Nee to concur w�th the recommendation of the Board of Appeals and approve the request for the var�ance by North Metro Construction 200 E]y 5treet N. E. �econded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl deciared the motion carried unanimously. �� � � L _I PUBLIC HEARING MEETING OF DECEMBER 9, 1974 REGARDING PETITION FOR M �;� � PAGE 5 IN THE CITY The City Attorney said the opinion was self explanatory. MOTION by Councilman Nee to receive the opinion from $�e City Attorney and transmit the opinion to the Charter Commission. ihe City Attorney said he had sent a copy to Mr. Sheridan, Chairman of the Charter Com- mission. SECONDED by Councilman Breider. Councilman Breider questioned if it would be possible that there be some modiftcation of the language 6efore the petitions is acted upon. The City Attorney said this modification would have to be approved by all involved. Fie said if the agreement for the language change is reached, �t could be adopted wtth the consent of the circulators and adopted by Ordinance rather than by special election. Ne satd this would take a unanimous vote of the Council. Mrs. Lee Ann Sporre, 301 Ironton, addressed the Counc�l and asked if the unanimous vote of four members when there are only four members on the Council would be acceptable. The City Attorney said he believed it would be accepta6le when there are only four members, and thought this would be a unanimous vote. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. V ��� CITY A G AUTHORITY OF THE CITY CONSIDERATION OF POSSIBLE AMENDMENTS TO THE CI7Y CODE SECTION 603 - INTOXICATING LIQUOR: ��lOTION by Councilman Utter to receive the report submitted by the City A�torney concerning the authority of the City to issue liquor licenses. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor L�ebl declared the motion carried unanimously. MOTION by Councilman Breider to tab7e the consideration of possible amendments to the City Code, Section 603. The C�ty Attorney pointed out to the Council that the change in the State Statutes came when the following language was deleted, "the principle part of the business is to serve food". He advised the Council that the City does not have to follow this deletion. He said the Council has the authority to make the change, but they do not have to make it. He said the City would also have the authority io upgrade the code in this area. i9ayor Liebl said the City minimum standard would have to comply with the State Statutes. The City Attorney agreed. He further stated, as the State Statutes state, �:he applicant can either have or not have food, this would be up to the Council to decide. He said the language could be 49% or 51%, Yie suggested some language that would have a strict standard of 50%. Fie said the Council would have to amend this in the future and discuss what they want. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. NEW Bl15INE55: CONSIDERATION OF APPROVAL OF LEASE AGREEMENT BETWEEN THE ISLANDS OF PEACE FOUNDATION AND CITY OF FRIDLEY: I�layor Liebl asked the City Attorney if it would be legal to sign the agreement as it had been presented. The City Attorney satd the lease agreement was a combination of his working with the Parks Department. i9e felt the agreement is adequate and `,' ;�� `� PUBLIC HEARING MEETING OF �ECEMBER 4, 7474 PAGE 6 represents the optnion of the Admintstration. The City Attorney said he felt tt is acceptable if the agreement �s acceptable with the Is7ands of Peace. Mr. Burt Ellis, President of the Islands of Peace Foundation, addressed the Council and said he had received i.he agreement and talked with Mr. Koh7an, Attorney for the Foundation. He said there is some question by the State regarding the River bas�n consideration. Fle said they would have to see if they conform with the State or if there is any technicality that they would have to overcome. He explained that they hoped to get some clarification in January. Counci7man Breider sug9ested that the Council approve the agreement contingent upon review of any regulations by the State. Ne said they could authorize the Mayor and City Manager to sign on this contingency. The City Attorney said this would be acceptable. The City Manager said the Council could take such action to authorize the Mayor and City Manager to sign the lease agreement if there is any problem, this could be brought back for Council action. MOTION by Councilman Breider to approve the lease agreement with the Islands of Peace Foundation and authorize the Mayor and City Manager to sign the lease agreement if there is any pro6lem, Lhis could 6e brought back for Council action, after receipt of notification by the State. 5econded by Councilman Utter. Mr, Burt Eilis informed the Council that he is the President of the Islands of Peace Foundation and he had looked at the lease and it seemed fine to him. UPON A VOICE VOTE, all voting aye, f�9ayor L�ebl declared the motion carried unanimously. i�ECEIVING A REPORT ON STUDY FOR A STOP SIGN AT 64TH AVENUE AND BAKER AVENUE: MOTION by Councilman Starwalt to receive the report and concur with the recommendation of the Police Department and Engineering Department. Seconded by Councilman Utter. Councilman Starwalt said he had been in contact with some people from the area. i;e added, this is not the final action that the people of the area would like, but they would wait and see what deve7ops next spring and summer with the improvment of the area and take action at that time if the traffic warrants it. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. T �� I:1�1 OF NEW P+�OTION 6y Councilman Utter to receive the resignations from the Citizen Bikeway Committee (Mr. Joe Schommer and Mr. Bob Lee). Seconded by Counci7man Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING BIDS AND AWARDING CONTRACT FOR SS&SW #116: The Public Works Director passed out the bids received that day and informed the Council that this was for development of the Burlington Northern Plat and in particular that property owned by the GTE Sy7va m a Company. PLANHOLDER IVodland AssocTates, Inc. Alexandria Minnesota 65308 Peter Lametti Construction Co. Box ]6368 St. Paul, Minnesota 55116 Northern Contracting Company Box 650 Hopk7ns, �linnesota 55343 TOTAL BASE BID $163,059.50 $114,734.35 *�148,969.75 � ' 1 , ,, . ,��L PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PLANHOLDER C. S. McCrossan, Tnc. Box AD Osseo, Minneosta 55369 � Minn-Kota Excavating, Inc. 3401 85th Avenue, fdorth Minneapolis, Minnesota 55429 I� L� Park Construction 7900 Beech Street N. E. Minneapolis, Minnesota 55432 Dawson Construction, Inc. 1803 South Ferry 5treet Anoka, Minnesota 55303 Frank F. Jedlicki 3410 Girard Avenue South Mtnneapolis, Minnesota 55408 Morettini Construction 852 Westminister St. Paul , ��linnesota 55101 Northdale Construction Co. 8208 Northwood Parkway Minneapolts, i�linnesota 55424 Underground Uttlities 6933 Lake Drive Circle P�nes, Minnesota 55014 American Contracting Corporation 1540 Yellowbrick Road Coon Rapids, Minnesota 55433 Erwin Montgomery Const. Co., Inc. 10883 89th Avenue North Osseo, Minnesota 55369 Bianconi Construction Co. 986 Bayard Avenue St. Paul, f�iinnesota 55102 Robert W. Moore 1325 DeCourcy Drive St. Paui , I�linnesota 55103 TOTAL BASE BID $143,421.00 $177,054.50 $174,620.85 *$112,689.90 $125,719.00 *$180,669.00 $129,865.OD $128,062,15 $107,745.60 $122,752.00 $179,351.25 *$165,918.50 PAGE 7 (Note: *Total was ad,7usted due to errors in extensions in the Bidders proposal.) MOTION by Councilman Utter to receive the bids and award the contract for SS&5W #176 to American Contracting Corporation, 1540 Yellowbrick Road, Coon Rapids, in the amount of $107,745.60. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONS: ED WILMES: APPRECIATION: f�lOTION by Councilman Utter to rece�ve the communication from Mr. Ed Wilmes dated December 5, 1974. Seconded 6y Councilman Starwalt. Upon a vo�ce vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mr. Wilmes thanked the Council for the opportunity to appear on the agenda. He said he was not there in opposition to anyone or any area. He mentioned a letter that had been written by the Planning Assistant, Mr. Jerry Boardman, to the Metropolitan Council, which destgnated North Park an open space proposed pro,7ect. Mr. Wilmes read portions of the letter to the Council. � 1 t� PUBLIC HEARING MEETING OF DECEMBER 9, 1974 PAGE 8 Mr. ldilmes continued to comment stresstng the �mportance of the Islands of Peace in reference to the usefulness of the area for the handicapped, elderly and children. He stressed, �ust as the Metro Council will designate an area for critical need, he thought the handicapped should be designated as people with a critical need for an area. He said those people within the institutions who are handicapped have no other place to go. He mentioned in many instances the able bodied people are not wil7ing to accept these people, but the handicapped are willing to share their area of the Tslands of Peace with anyone. rir. Wilmes emphasized the fact that those people Hhoapprectate this area most are unabie to come and speak io the Council. Mr. W�lmes issued an invitation io any member of the audience or Council to accompany him to visit with these handicapped people to experience the need of these people and base their reports on the truth. +lr. Wilmes concluded wishing the members of the Council a Merry Christmas. LOGIS: GRANTS RECEIVED DURING YEAR: Tiie City Manager said the LOGIS program had received some grants from the State of Minnesota wh�ch relieved the cost from $12,000 to $2,900. MOTION by Councilman Breider to receive the report concerning the grants for 1974 for the LOGIS program. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The Finance Director br�efly explained the reasons for the grants. He continued to state that the terminal is presently operating out of California, but Hennepin County had entered into a contract and this would 6e moved to Hennepin County. ADJOURNMENT: MOTION by Counci7man Utter to Upon a voice vote, all vot�ng and the Public Hearing Meeting ad�ourned at 9:41 P.M. �Res ectfully subm�tted, � ��� Pat Ranstrom Secretary to the City Council ,aI 1�I�� Date Approved ' ad�ourn the Meeting. Seconded by Councilman Starwalt. , aye, Mayor Liebl declared the motion carried unanimously of the Fridley City Councii of December 9, 1974 �i'C�+.w� � . *� Frank G, L�ebl Mayor �