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02/13/1978 - 00014266� THE PUBLTC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 13, 1978 The Public Hearing MeetTnq of the Fridley C1ty Council was called to order at 7:30 p.m. by Mayor Pdee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and aud�ence in the Pledge of Allegiance ' to the Flag. ROLL CALL. MEMBERS PRESENT: Counc�lman Fitzpatric'k, Councilman Hamernik, Mayor Nee, Councilman Schne�der and Council- man Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilman Schne�der to adopt the agenda as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: MOTION by Councilman Schne�der to waive the read�ng of the Public , Hear�ng notice and open the Publ�c Hearing. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the Public Hearing opened at 7.31 p.m. Mr. Sobiech, Public Works Director, stated this is a request for approval of a final plat which involves three lots in the general location of the intersection of Kimball and Broad Streets. He stated the Planning Commission has recommended approval of the plat. Mr So6iech pointed out the plat involves properties both 1n the C�ty of Fridley and the City of Coon Rapids. Lots 17 and 24 of Auditor's Subdivision No. 103 are in Coon Rapids and Lots 1,2 and 3 are in Block 0, Riverview Heights, in the City of Fridley. He stated, in order to complete the plat, appropriate annexation procedures would be necessary. He explained this could be done by adoption of the approprtate resolutions by the cities of Fridley and Coon Rapids. Mr. Sobiech stated the plat would consist of three single fam�ly properties and the ind�vidual lots do meet the minimum requ�rements of the platting ordinance. Mr. Sobiech stated, in talk�ng with the City staff of Coon � Rapids, they indicated no opposition to the annexation. He stated the City does have a request by the petit�oner regard- ing the annexation and �ndicated that on final consideration, all of Lots 17 and 24 would be included in the annexation. Councilman Fitzpatrick felt it was a question of what comes f�rst, the platting or annexation. Mr. Sob�ech stated, �f the Council so desires, the plat could PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 2 be approved with the stipulat�on that the annexation be approved by Coon Rapids, and in the event this d�d not happen, the City would not execute the final plat. Councilman Schneider questioned the pet7tioner's 1etter of Decem- ber 10, 1977 regarding a waiver of the park fee. Mr. Sobiech stated the letter indicates addit�ona7 lots that were , �nttially discussed �n the poss�ble platting. He stated Lots 22 and 23 of Mississippi Oaks and Lots 14, 15 and 16 of Auditor's Subdivision No. 103, now in Coon Rapids, would all eventually have to be serviced from the City of Fridley. He explained they trted to work with the other property owners in the area on whether they would also want to be part of the annexation, however, when they were advised about the park fee, platting fees, etc., they elected not to 6e inc�uded in this plat. He pointed out, however, this could be considered at a later date. � , Mr. Sob�ech stated the park fee for this plat would be $300 per lot or a total of $900. Mr. Qureshi, City Manager, felt this plat should be treated like any other plat and should contribute to the cost for providing services. He felt the petit�oner should also be made aware of any present and future water and sewer assessments and road assessments Mr. Kociemba, representing the petitioner, stated it would have been possible to record this property at Anoka County with a lot split, but the plat was necessary because of the annexation. Mr. Qureshi, Ctty Manager, explained in order to make this a 6uildable s�te, a lot spl7t was necessary from the Ctty. Mr. Sobiech stated, w�th this platting, the City would eventually want to tmprove roadways to Ciiy standards so he would recommend a stipulation be added regarding the cost of concrete curbing. Mr Kociem6a questioned when the improvements would be made. Mr. Sobiech stated he did not know at this time, 6ut wanted to make sure Mr. Kociemba was aware of the situation and the im- provement that would be made �n the future. Mr. Sobiech felt it might be appropriate to put this amount into an escrow fund and stated tt would be approximately $500. Councilman Fitzpatrick pointed out that one of the three sites is already built on so the plat is creating only two additional building sites. He questioned tne amount of the assessment for sewer and water which Mr, Sobiech stated was �2,792. Councilman Fitzpatrick felt there was constderable expense in creating these two building sttes and was sympathic to the re- quest to wa�ve the park fee. He stated, generally, he isn't in favor of waiving the park fee, but felt there were a number of extenuating circumstances such as the expense involved in creating these building sites, the interest by the City �n getting this area developed and the fact that there isn't any park faciltty in th�s area. Mayor Nee felt these po�nts could be considered when action is taken on the plat. No other persons in the audience spoke for or against this plat. MOTION by Counci7man Fitzpatrtck to close the Public Hearing. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the 1;� ,��:. PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 3 Publ�c Hear�ng closed at 7:48 p.m. NEW BUSINESS: CONSIDERATION OF A REQUEST FOR VARIANCES TO ALLOW CONSTRUCTION OF A 7_11 STf1RF AT 7R99 FAST RTVFR ROAD. R_C.E_ CORPORA7ION: Mr. Sobiech, Public Works Director, stated the Board of Appeals d�d not send a recommendat�on to Council as it was a tie vote on the motion. He stated, wtth the rezoning, what previously was a request for seven variances is now reduced to two; that is, variance from the s�de yard setback and var�ance from the rear yard setback. MOTION by Councilman Fitzpatrick to grant the variances to reduce the side yard setback from 15 to 10 feet and the rear yard setback from 25 feet to 20 feet with the stipulations as noted on Page 2D of the agenda book. Seconded by Councilman Schneider. Mr. Ernst, the petit�oner, stated he reviewed the stipulations as shown on Page 2D and stated Item 12 is no longer pertinent since the property has been rezoned. He stated he is in agree- ment w�th the other stipulations, with the exception of possibly Item 4 pertaining ta the entire building be�ng 6rick construction. He requested they be allowed to use breakoff block on the back of the building s�nce this would result �n a savin9 of about $6,000 and would like to spend this money for landscaping and berming. Councilman F�tzpatrick stated he was not too sympathic w�th this request since this requirement has been in the stipulations about a year and a half and felt the preference to spend th�s money on landscaping and berm�ng could have been brought out at an earlier time. There be�ng no motion to amend the main mot�on, Nee called for a vote on the mot�on. UPON A VOTCE VOTE, all voted aye, and Mayor nee declared the mot�on carr�ed unanimously. CONSI�ERATION OF APPROUAL OF PRELIMINARY PLANS FOR EXPA Mr. Sobiech, Public Works D�rector, stated, in the preliminary plans for expans�on of the Municipal Garage, the two-story con- cept was eliminated because it would have been necessary to in- stall an elevator to meet handicap requirements. The prel�minary drawrng does provide a 7ayout to allow centralizat�on of the Public Works Operat�ons and satisfy requirements for the rest- rooms. In addit�on, the revised lunchroom and locker room situ- ation would allow for both the Parks and Public Works personnel to operate out of the same area. Mr. Sobiech stated the pre- liminary plans have been rev�ewed with the personnel involved and the next phase would be to proceed with construction plans, upon Council approval of the preliminary plans. Councilman Hamernik asked if the costs would change and if they still would be within the budgeted amount. Mr. Sobiech stated they are still retaining the same square footage and felt the costs were within the amount budgeted. MOTION by Councilman Barnette to approve the preliminary plans for expansion of the Mun�c�pal Garage. Seconded by Councilman Hamernik. Upon a Voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. 1 �I � u � I I �_., � PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 4 CONSIDERATION OF STATUS REPORT ON MOORE LAKE EVALUATION AN� RESTOR- ATION PROJECT: Mr. Sobiech, Public Works Director, stated Hickok and Associates is requesting an extension on the data collect�on phase for their report on Moore Lake �n order to �ncorporate collections of samples throughout the spr�ng snow melt. He stated the report could be compiled on the data thai has now been collected, however, by extendtng the data collection phase, �t was felt Hickok and Associates would get a complete cycle from spring, summer, winter and fall activities and would be in a posttion to make a more positive review of the lake. Councilman Schneider stated he had a concern regarding the time to review the report from H�ckok and Assoctates 6efore final grant application must he submitted. Ne felt possibly a pre- liminary report shou7d be submitted for Council review regarding findings and potential costs to avoid a s�tuation where it would be necessary to take action on the report before there was ample time to study tt. Mr So6�ech felt the request for extension could be approved, but an �nquiry made regarding an interim report and recommend- at�ons. MOTION by Councilman Schneider to approve the request of Hickok and Assoctates for extension of the study on f400re Lake and direct staff to check into the possibility of an interim report, based on the original framework, regarding potential costs and Federal funding. Seconded 6y Councilman Fitzpatrick Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. D35NO2 through 040938. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DFL CLUB - CABLE TU Mrs. Conn�e Mod�g, representing the DFL Club, appeared before the Council concern�ng DFL announcements on cable television. She stated the DFL Club would like to use the cable television facil�ties ta announce public meetings to be held by their organ- ization. She stated, in check�ng if this could be done, she was advised that the City Manager's off�ce stated they were unable to do this because it was a political club and political announcements couldn't be put on cable television. She stated in a letter received by the DFL Club in 1976 from the City of Fridley, they were }nformed on sources available for their announcements and cable television was one source ment�oned in the letter. She felt cable television should be ava�lable for use by polittcal organtzations to announce their meetings and activities. She stated they would not be asking anyone to vote or endorse their cdndidates, 6ut announce pu6lic lnformat7on regarding their activities. Councilman Schneider felt the cable televiston media is avail- able and should be open to those who want to use it. He felt polit�cal or religious kinds of announcements to announce a meet- ing that is open to the public wouldn't be a problem, but would- n't want to get into a persuasive situation from an organization. Mayor Nee stated the City Manager is sensitive that he does not get the Ctty involved �n bi-partisan politics and felt perhaps some guidelines are needed. I �, PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 5 Mr Quresh�, C�ty Manager, felt �t was the Council's decision if they want to get into the polittcal area. He stated there are two ma�or parties, but also other parties that would request the same rights. He stated the administration chose not to get �nto this area, but it is up to Council to make the dec�sion. Mrs. Modig stated their main purpose for using cable television would be to announce the t�me and place of their meetings. She stated their organ�zation would be happy to subm�t guidelines and lim�tations they are will�ng to set on their organization regardtng announcements. Councilman Barnette felt cable television should be used as much as possible, however, he stated he could see the City Manager's point of view in getting involved in some areas. Mayor Nee felt perhaps this �ssue could be reviewed at a con- ference meeting of the Counctl and the City Manager could pre- pare �nformation regarding guidel�nes. A�JOURNMENT• MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unanimously and the Pu61�c Hearin9 Meettng of the Fridley City Council of Fe6ruary 13, 1978 ad�ourned at 8:25 p.m. Respect�ully submitted, ��z'�,�.,C'� /`�`� �L�C�-s'L Carole Haddad Secretary to the City Counc�l Approved: �'Oi � � � p l./ � i' � LC�� William J� Nee Mayor Ll 1 '