04/13/1981 - 000132614�
THE P�I�dUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF
APRIL 13, 1981
The Publ�c Hearing Meet�ng of the Frtdley City Council was called to order
at 7:33 p m, by Mayor PJee.
PLEDGE OF ALLEGIANCE:
Mayor fdee led the Council and audience in the Pledge of Alleg�ance to the
Flag.
� ROLL CALL:
MEP16ER5 PRESENT
MEMBERS ABSENT:
ADOPTION OF AGENDA•
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Councilman Barnette, Councilman Schneider, Mayor Nee,
Councilwoman Moses, and Councilman Fitzpatrick
None
MOTION by Counc�lman Schneider to adopt the agenda as submitted. Seconded
by Councilman Fitzpatr�ck.
MOTIQN by Councilman Schneider to amend the motion to add the follovaing item
to the agenda: "Consideration of Rezoning Request, ZOA #80-02 for Ted Burandt
for which the Publtc Hearing was Held on September 22, 1980" Seconded by
Councilman Barnette.
Councilwoman Moses felt the petitioner should be notified that the Council
was going to cons�der the rezoning request.
UPOfV A VOICE vDTE TAKEN ON THE AMENDED MOTION, Councilman Schneider, Counc�lman
Barnette, Counctlman Fitzpatrtck and P4ayor fJee voted in favor Councilwoman
Moses voted against. Piayor Nee declared the motion carried by a
4 to 1 vote.
UPON A VOICE VOTE TAKEN ON THE f4AIN MOTIOPd, all voted aye, and Mayor PJee
declared the motion carried una m mously.
PUBLIC HEARINGS:
MOTION by Councilman Fitzpatrick to waive the reading of the public hear�n� notice
and open the public hearing. Seconded by Councilman Schnetder. Upon a vo�ce
vote, all voting aye, Mayor Nee declared the mot�on carried unanimously and the
pu6ltc hearing opened at 7:36 p. m.
Mr. Erickson, the petittoner, appeared before the Council and stated he has
ltved in Fridley since 1949, served on the Planning Commission for seven years,
and ret�red several years ago.
Mr. Erickson stated he has owned the land in question since 1972, with a
number of proposals to develop it sane as remote as a motel. He stated he
felt it was time to do something about the land, since they have been paytng
taxes on it, and thought it would hold 160-165 units and intended to develop
the land to the 6est of the neighborhood's �nterests and the City's. Mr
Ertckson felt the rezoning request made was fairly reasonable and that the
City could use soine multiple housing.
P�ir. Erickson stated he
was out of town at the
questions raised by the
regarding the traffi c.
realtzes there �s a great deal of opposition, and he
Planning Comrmssion heartng so couldn't anstver any
people. He stated he can understand their feeling
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PUBLIC HEARING MEETING OF APRIL 13, 19$1 PAGE 2
Mr. Erickson stated, at this point, he wished to withdraw the request for
�he rezontng to g�ve h�m an opportunity to meet t�ith staff and the residents
of the area to see if they can't arrive at some compromise.
Councilman Schneider stated he felt Mr. Erickson is willing to work with the
neighborhood and pointed out there is a neighborhood committee and would give
Mr. Erickson their names, if he wishes.
Mayor Nee stated, since this is a public hearing, he asked if anyone would
ltke to comment or give a reaction to the withdrawal request.
Mr. Doug Strong, 5720 Regis Drive, asked if the Engineering Department has
looked at the number one problem which ts the traffic. He pointed out the
problem is the intersection and regardless of what is placed on the property,
that still is the btg problent.
Mr. Flora, Public Works Director, stated the City has been working witht�e
County and made some preliminary contacts with the State, as all three parttes
are �nvolved in that intersectlon. He stated, w�th the Redevelopment Otstrict
as proposed, �t �s hoped there will be some support to do some improvements
at th�s intersect�on. He stated, at this time, he cloesn't have any specific
recommendations
Mr. Strong asked tf the study was received from the Rice Creek Watershed �istrict
on the storm sewer pro�ect.
P1,r. Flora stated the City has the approval of the Watershed District for the
Moore Lake Study. _
Councilman 5chneider stated the Planning Commission had stated that the Watershed
�istrict had seen P1r. Erickson's preliminary proposal.
Mr Flora stated they are looking at the preltminary proposal and �ncorporating
that in the overall plan for the Moore Lake Study.
Mr. Strong felt before they got into a study on what can be done with the
property, he still believed, if you own property you should be able to develop
it w�thin reason. He pointed out, however, there are two ma�or problems, the
traffic and the strom sewer and if these aren't answered, they are butting
their heads agatnst the wall regardless of what plan they come up with.
f�r. Flora stated for any develop�ent to occur within the Rice Creek Watershed
District, they must approve the permit. He pointed out they have aporoved
the Moore Lake Study and that is com�tinuing on at this time.
Councilwoman Moses pointed out thts intersection is part of the Redavelopment
Plan and asked what kind of time frame they are looking at before any chanaes
are rnade. Mr. Flora stated he felt it would take considerable time as it has
to be worked out with the County and State and proba6ly looktng at three to
five years.
Councilwoman Moses falt th�s is one of the points Mr Strong was making.
P1s. Nancy Jorgenson, 5730 Polk Street, stated in one of their petitions there
was reference made to parking on the street and they have asked for "No
Parking" signs and was told this has to be approved by the Council. She
asked if the Council could vote on whether "No Parking" signs will be placed
on Polk Street.
Councilman Schneider stated there ts a petttion in opposition to the rezom ng
and several things are requested in this petition
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PUBLIC HEARIPJG MEETING OF APRIL 13, 1981 PAGE 3
Mayor Nee felt there wasn't a problem in getttng this passed although it
wasn't in order�for ton�ght's agenda. He stated what the Counc�l would look
at is if the neighborhood, in general, favored it. Ms. Jorgenson stated they
had s�gnatures form all but one owner.
MOTION by Councilman Schneider to close the public hearing. Seconded 6y
Councilman Fitzpatr�ck. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the pUb�ic hearing closed at 7:48 p. m.
MOTION by Councilman Schneider to receive P9r. Erickson's request to withdraw
rezoning petitton ZOA #81-02. Seconded by Councilman Fitzpatrick. Upon a
vo�ce vote, all voting aye, Mayor Nee declared the motion carried unantmously.
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GARY A.
TION REQUEST, SAV #80-04, AREA GENERALLY
MOTION by Councilwoman Moses to waive the reading of the public hearing notice
and open the pu6lic hearing. Seconded by Councilman Barnette. Upon a vo�ce
vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and
the publ�c hearing opened at 7 50 p, m.
Mr. Flora, Public Works Director, stated the area in question is �ust east of
the railroad tracks ar�d south of Mississippi. He stated the City has some
rtght-of-way and the plan was, at one time, that the street vrould cross the
ra�lroad tracks, however, this will not happen and the pc�titioner has requested
vacation.
P1r. Flora stated the Planning Commiss�on has recommended approval of this vacation
request.
Mr. Herr�ck, City Attorney, asked if the area to be vacated was part of Lowell
Addition. P1r. Flora stated it is identifi ed as Lowell Add�tion to Fridley Park.
Councilwoman Moses asked how far away from the residence next door could a
building be constructed, ii the vacation was approved. h1r. Flora stated a
35 foot side yard and a 100 foot front yard setback is required.
Mr. Mike Larson, E39D Starlite Boulevard, stated this vacation request was
made concurrent with the request to rezone from R-3 to M-1. He stated
persons opposed the rezoning and the Planning Commiss�on recommended denial.
Mr. Larson stated he sent a letter to Mr. Herrick regarding concerns about
this vacation He stated he wondered whether or not the vacation would allow
construction nearer his home and whether vacating the easement would provide
for a plann�ng zone. He stated it seems to him, as he reads it, that some
things are at the Council's discretion under a planning zone.
Mr. Larson stated he is looking at the problem, depending on whether the
property �s developed light industrial or residential and whether or not the
easement is there, he would end up with a lot of foot traffic on his property,
if �t turns out there is a parkin9 lot on that property. He felt they have
the cart before the horse and it would be easier to determine if the easement
should be vacated when spectfic plans for the property are before the Council.
Mr. Larson stated he would like to see the vacat�on request denied until such
t�me as specific plans are presented.
Mr. Larson stated he had assumed when the rezoning was defeated that this
vacatton would also be denied and was not prepared at the time of the Planning
Commission hear�ng to d�s��uss this item.
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PUBLIC HEARING MEETING OF APRIL 13, 1981 PAGE 4
Councilwoman Moses asked Mr. Doty if he has any plans now for developing the land.
Mr. �oty stated the property is zoned M-1 and the part they are requesting the
vacation on is part of the original plan, and with all due respect, they are
requesting vacation on those grounds. Mr. �oty stated if the property does not
lay out feasibly for R-1, their plan is to request R-2 zoning, and if thts isn't
acceptable, the other alternative would be to go with the present zontng.
Mr. Larson stated if Mr. Doty intends to present a plan for rezoning to R-1, he
, would work on h�s behalf.
Councilman Schneider asked what facts the Council should consider in this vacation
� request.
P4r. Herr�ck, Ci*y Attorney, stated Mr. Larson's letter was sent to the Ctty Hall
and was not forwarded immediately to his office, therefore, he wasn't able to
get a written response to him.
Mr. Herrick stated this easement is owned by the owner of the rest of the property
and is dedicated to the City to be used for street and public utility purposes.
He stated the private property owner can use the property for anything that doesn't
interfere with the purpose of the easement. He felt it was pretty well agreed the
City will not construct a street on that property and regarding the question of
whether the property owner could build closer to Mr. Larson's property because of
the vacation, if it continues to be zoned for M-1, the answer would 6e "no" because
the side yard setback is greater than the width of the property and as long as it
is an easement, it could be counted as part of the side�y ard setback. Regarding
the question on whether a berm or planting strtp would be required, Mr. Nerrtck
stated he couldn"t recall, tn recent years, where a berm or landscaping wasn't
required on any industrial building ad,7acent to residential property.
Mr. Herrick stated the question when the vacation should take place ts a policy
question which he felt the Council must answer.
Counctlwoman Moses stated she can see Mr. Larson's concern that a building could
be constructed very close to his home.
hir poty stated the way light industrial buildings are constructed, they require
parking in front. He pointed out Mr. Larson's property still abuts light
industr�al right now, and R-1 zoning does not require as great a setback as M-1
Mr. Larson felt the question is when the vacation should be considered. He stated
he would agree it makes no sense to leave this easement, but couldn't understand
why the vacation request has to be considered now when there are no specific plans
to develop this property.
Mayor Nee felt the question that should be considered is if there is a continuing
public need for the easement, and if there is no need, then he felt they have an
obligation to grant the vacation.
Mr. Herrick stated he agrees with Mayor Nee's comments, but to ease Mr. Larson's
concerns he would be happy to respond to his letter and his response would be
simular to what he has told the Council th�s evening.
Mr. Qureshi, C�ty Manager, stated it has been consistent policy that a separation
be provided between different zones, and when an actual building permit is requested,
some screening or landscaping would be required to protect residential proeprty
Mh�. Qureshi,stated, if Mr. Larson wishes to be advised when a building permit is
requested on this property, he could write a rrote to this effect and heiwould be notified.
Councilman Schneider stated for purposes of square footage calculations, the
easement would be considered as part of the parcel anyhow so the vacation would
have no effect as far as the size of a structure.
� Mr. Doty stated Mr. Larson has already stated he is opposed to any development
on the property unless it is R-1.
— Councilman Schn��id�r stated he can sympathize with Mr. Larson's concerns, but it
�s Mr. Doty's property and he doesn't see what public purpose holding the
easement serves.
No other persons in the audience spoke regarding this vacation request.
MOTION by Councilwoman Moses to close the public hearing. Seconded by Councilman
Fitzaptrtck. Upon a votce vote, all voting aye, Mayor Nee declared the motion
carried unan�mously and the public hearing closed at 8:29 p ri.
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PUBLIC HEARING MEETING OF APRIL 13, 1981
t` 3 PUQLIC H[ARING ON FINAL PLAT, PS #81-02 HEATHER
THOMAS BRICKPJER
PAGE 5
MOTION by Councilman Schneider to waive the reading of the public hearing notice
and open the public hearing. Seconded by Councilman Barnette. Upon a vo�ce vote,
all voting aye, P1ayor Nee declared the motton carried unanimously and the publ�c
hearing opened at £3•30 p. m.
Mr. Flora, Publ�c Works Director, stated the area in question is ,7ust east of
Central Avenue und south of Rice Creek Road. He stated Mr. Brickner has obtained
an option to purchase a portion of Moore Lake Add�tion from the church and is �
interested in developing it as R-1.
Mr. Flora stated this area was prev�ously discussed when the Counc�l approved a
lot split several weeks ago above this existing property.
Mr. Flora stated staff is working with Mr. Brickner for development of this parcel,
and his interest is in preservii�g the beauty of the area and custom designing each
particular home to fit the lots.
f�r. Flora stated a road will be constructed with two cul-de-sacs and a ponding
area to serve as water retention for this area. He pointed out, in con�unction
with the Redevelopment Plan, they are looking at possibly taking this parcel and
connecting �t in the future with Ben More Drive and possibly extending it to Rice
Creek Road. He stated, currently, Mr. 6rickner hasn't been able to purchase the
property for the continuation of Ben More Drive. hir. Flora stated, in order to
provide sanitary sewer and water service to this area, the proposal �s to connect
Ben More h�nto this area rather than providing the services from Central Avenue.
Councilman Schneider asked how he would develop those lots, if he can't extend
Ben More Drive. Mr. Flora stated the lots could 6e served off of Central Avenue
for only a short period of time an� in con,7unction with the Redevelopment Plan,
the Housing and Redevelopment Authority may be able to acquire it.
Mr. Qureshi, City ��1anager, stated there is a plan the Council reviewed and approved
when they developed the whole area east of Central to serve, basically, the total
propert�es and to provide access. He stated th�s plat would not be meeting the
standards because of the plat ordinance requirement regarding the cul-de-sac length
not to exceed 600 feet. He stated, originallx, when the plat of Ker�ry Lane was
approved, there were temporary easements acquired and a plan to provide access to '
this area. He pointed out this plat would be improper unless another access is
provided.
Councilwoman f1oses asked if it was part of the Housing and Redevelopment Authority's
plan that the lots would be divided and the streets constructed.
P4r. Qureshi felt this was one way it could potentially be divided, if there was a
consensus on the part of the property owners, and t��ES.ity `elt�his wa,'�e wayto oroceed.
Councilman Schneider asked thelength from Central Avenue to the tip of the cul-de�ac.
A gentleman in the aud�ence stated it was 654 feet. Councilman Schneider stated they
are 54 feet off from the ord�nance requirement. He further stated he has a problem
with this 600 foot cul-de-sac requirement and pointed out there is double access into
Ben More Drive. Councilman Schneider stated, if it is the feeling of the residents
on Ben More Drive not to carry the street through, he doesn't see a pressing need forit�
Mr. Lyle Carpenter, 6258 Ben More Drive, stated, in talking w�th most of the property
owners on Ben More Drive, they are in agreement they would not like to see Ben More
e�tended. He stated they would like to see it remain as it is unless it is absolutely
necessary. He stated Kerry Lane is narrow and there may 6e a problem getting in
f�re fighting equipment, however, the lots to the west of Ben More Drive drop dawn
very qu�ckly and might pose the same problem. '
Councilman Schneider asked if Ben More Dr�ve isn't extended, what kind of problems
would it create for this plat. P1r. Flora stated the primary concern would be the
sa�nitary se�ver and water systems to support this plat and anything else that would
be developed. He stated, with extension of Ben More Drive, it would provide an
easy way for extension of these utilities. He pointed out they can get sewer �
and water services form Central Avenue, but it wouldn't be as good a system as
wnat could be provided by the extension of Ben More Drive.
P1r. Brickner, the petitioner, stated they are looking at 11 lots with single
family homes and indicated he would not be totally opposed to the extension
of Ben P1ore Drive in the future. He felt the primary access would probably
be the entrance off Central and since Kerry is such a steep hill, the extension
of Ben More �rive would pro6ably be used much more.
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PUBLIC HEARING MEETING OF APRILI3, 1981 PAGE 6
Mr. Wayne Welch, 6115 Woody Lane, pointed out the 600 foot requirement for
cul-de-sacs so the plat couldn't be approved because of th�s requlrement.
He stated he had concerns a6out the open acreage behind h�s home, which
gets smaller and smaller, however, he has heard some favorable comments on
Mr. Brickner's developments.
Mr. Qureshi felt there should be some plans or direction to proceed to
provide looping for the water lines. Councilman Schneider stated, unttl
� Mr. Brickner can acquire property, tt is d�ffocult to say where they would
go. He pointed out if the people directly to the north don't want to sell,
it would make a difference.
Mr. Qureshi stated he felt it is a prudent approach to have double access
to a neighborhood.
No other persons in the audience spoke regarding this proposed plat.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 8•55 p m.
I'� r� PUBLIC HEARING ON REZONING REQUEST, ZOA #B1-01, TO REZOPlE CERThiN LOTS FRDM
C-2 to M-1,8000 11NIVERSITY AVENUE, RICE CREEK ASSOCIATES.
AND
CONSI�ERATION OF REAP,PROVAL OF PS #80-01, UNIVERSITY INDUSTRIAL PARK PLAT
TABLED 4/6/81 :
MOTION by Councilwoman Moses to wa�t�e the reading of the public hearin9
nottce and open the publtc hearing. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, P4ayor Nee declared the motton carried unanimously
and the public hearing open�ed at 8:57 p. m.
Mr. Flora, Public Works Director, stated the area in question is between 79th
� and 81st ,7ust west of University Avenue. He stated the items before the
Counc�l for consideration are a plat, a rezoning, and a variance on the setback
requirement. Mr. Flora stated ihis plat originally came before the Council about
a year ago, but since it was noi recorded in 180 days, it requires resubmission
to the Council. He stated the Planning Commission did review the plat, in
con�unction with the rezoning, and identifi ed a number of items that tied the
two together.
Mr. Flora stated the primary concern was the drainage. He stated, to date,
staff has not received a draina9e plan for this particular plat, however,
f4r. Harris has provided them with a letter which, in paragraph 1, establishes
certatn criteria which they feel would handle the drainage questton for this
particular plat, if �t �s recorded and documented so all future owners would
know what would be required for them to handle the water.
Mr. Flora stated another thing to be addressed was the landscaping and final
approval of the rezoning. He stated the plat has M-1 zoning and C-2 zo m ng
and Mr. Harris has a buyer for a portion of the property and is requesting
rezoning from C-2 to M-1 of lots 1, 9, and 10. He stated they are further
requesting a variance of the front yard setback from the required 1D0 feet
to 35 feet because this P1-1 property is across the street from res�dential.
Mr. Flora stated the development ts for Lots 1, 2, 3, 9, and 10 for
construction of a binlding and ihe green area, as shown on the map, would
es��_nt�al9y detatn the water to �nclude some water tn the park�ng area, with
� some going to the property to the south. He stated this particular development
supports Mr. Harris' reasonim9 to develop a plat where each parcel �vould have
to address itself independently for water detention.
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PU6LIC HEARING MEETING OF APRIL 13, 1981
PAGE 7
Mr. Flora stated staff felt this would be a good approach to take for thts
plat, as long as everyone was aware of this requirement and it was formally
recorded.
Mr. Flora expla�ned what they would be doing is holding the water and not
allowing it to dra�n downstream. He pointed out the storm water would be
collected and detained in its perimeter and then have a controlled exit. He
stated the land to the west has ditches and oreen area and water will be held
there.
Councilman Schne�der asked, from an engineering potnt of view, if staff was
cornfortable that this can be properly disigned. Mr. Flora felt there was
one exception and that involved the parcel to the south. He felt the City
should receive an agreement between Mr, Paschke and Mr. Harris regarding
acceptance of the water form the north and it would be handled when this
parcel to the south is developed. �
Mr. Harris felt to provide a drainage plan when they didn't know 4ahat k�nd
of development would take place would be a disservice to the City. He felt
ii was betier that each parcei 6y itseif will be responsible for storm water
detention and any lots or combination of lots can be formulated into taking
care of the water. He pointed out they don't know how they will develop at
this time, and felt the City had control with the building permits to see that
the drainage is prov�ded.
Councilwoman Moses stated any person buying the property would find on the
abstract that this land would have to be developed by meeting all the drainage
requirements.
�4ayor flee asked if this would show up in an abstract study. Mr. Herrick stated
they would have to work out some type of language and put that into an agreement.
Mr. Flora stated the staff's positron was, af a covenant was filed with the
County, it would insure that �i,y buyer was aware of this requirement.
Mr. Harris stated he felt he would agree to this, however, asked if they have
required th�s in the past. Mayor Nee felt staff.had succeeded �n having the
proper drainage provtded, based on the City's policy, without having it recorded
in the deed.
Mr. Paschke asked if there wasn't a limit on convenants according to the statutes.
Mr. Herrick, City Attorney, probably what they are talking about here is a
drainage easement. lie felt �vhat they are saying is that the owner of the
south group of lots agrees to accept drainage water from the north building
site and agrees to what is referred to as a subservient drainage agreement.
Mr. Harris felt, due to the fact the City does have a plan and policy set
up which brings a potential builder of a structure on one of these lots before
the Planning Commission and Council, a permit will not be used until he demon-
strates he can retain the water, and felt the Ctty hds the best controls there.
Mayor Nee pointed out that th�s isn't covered in the C�ty codes.
Mr. Harris stated he would be w�lling to write in every purchase agreement
that the buyer has to retain the water on his parcel and would give the City
such a letter that this drainage requirement would appear on the purchase
agreement.
Mayor Nee appointed Councilwoman P1oses and the Public Works Director to meet
with Mr. Harris to attempt to work out this part�cular item regarding the
drainage.
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PUBLIC NEARING MEETING OF APRIL 13, 19II1 PAGE 8
There were no other questlons from the audience regarding this proposed plat.
Mr. Flora stated the next question is the rezoning of Lots 1, 9, and 10 from
C-2 to M-1, and associated with the rezoning is the variance request to reduce
the front setback from the required 1D0 feet to 35 feet.
Mayor Nee questioned the proceeding for the variance. Mr. Herrick stated,
typically, the variance goes to the Appeals Corrmission, however, where it is
made part of the plat, it hasn't gone to the Appeals Commission in the past
Mr. Flora stated, when the Planning Commission reviewed the variance request,
they identified two stipulations: (1) that the Council not approve the fi nal
rezoning or recording the plat until they have an acceptable approved drainage
plan, and (2) that the Council have covenants in hand and an adequate landscape
plan in hand.
Mr. Flora stated an agreement for the drainage plan is being worked out and
staff is also working with the petitioner on the landscaping. He felt the
only thing #:hat hasn't been addressed was the park fee which has to be paid
on this parcel. A drawing was presenied of the proposed building to be
constructed and it was pointed out it will be very low-keyed, low in design,
and architecturally pleasing.
No other persons in the audience spoke regardtng this rezoning or raised
questions on the plat.
M�TI�N by Counc�lwoman Moses to close the public hearing. Seconded by Gouncllman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously and the public hearing closed at 9:44 p. m.
RECESS :
A r�cess was called by Mayor Nee at 9 44 p. m.
RECOId11ENED •
Mayor Nee reconvened the meeting at 9:55 p. m. All Council membe�s were present.
DITION, LOUIS J. H
MOTION by Councilman Fitzpatrick to waive the read�ng of the public hearing
nottce and open the publtc heartng. Seconded by Councilman Schnetder. Upon
a votce vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously
and the publ�c hearing opened at 9:55 p, m.
Mr. Flora, Public Works �irector, stated Midwest Print7ng Company acquired an
additional parcel for a ponding area and this has been set up as a new addition,
which must be approved by the Council so it can be recorded at the County.
No persons in the audience spoke regarding this plat.
MOTION 6y Councilman Sche m der to close the pu6lic hear�ng. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, �1ayor Nee declared
the motion carried unanimously and the public hearing closed at 9:57 p. m.
LIC HEARING ON AN aN-SALE LIqUOR LICENSE AND A SUNDAY LIQUOR LICENSE TO
LIAM F. WEISS FOR THE PROPERTY AT 6490 CENTRAL AVENUE N. E dba: SANDEE'S
MOTION by Councilman Schneider to wai�ae the reading of the pub1ic hear�ng
notice and open the public hearing Seconded by Councilman Barnette. Upon a
vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unam mously
and the public h'earing opened at 9:58 p m.
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PUBLIC HEARING P1EETING OF APRIL 13, 1981
PAGE 9
Mr. Quresh�, CIty Manager, stated the standards established for the rat�o
of food and liquor sales �s being met by this establishment.
Mr. Qureshi pointed out they do have sane additional curbing to be provided.
No persons inthe audience spoke regarding the issuance of these licenses.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilwoman P�oses. Upon a voice vote, all voting aye, Mayor P�ee declared
the motion carried unanimously and the pu6lic hearing closed at 9:59 p. m,
AfJ OPJ-SALE LIQUOR LICENSE AND A SUNDAY LIOUOR LICENSE
MOTION by Councilman Schneider to waive the reading of the public hearing
not�ce and open the public heartng. Seconded by Councilwoman Moses. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously
and the public hearing opened at 9:59 p. m.
Mr. Qureshi, City Manager, stated this establishment has not met the standards
regarding the ratio of food and l�quor sales and pointed out they are 7;6
below the 40% required by the ordinance.
Mrs. Monica C�chy, representing Pulaski's, appeared before the C>ouncil
regarding the issuance of these licenses.
Mayor Nee asked tf they had any proposals to bring up the food sales.
Mrs. Cichy stated both their food and liquor sales have increased and explained
�t is hard to bring up food sales when you start with a bad reputation.
Councilwoman Moses asked if they have made any changes as far as the food.
Mrs. Cichy stated they had to find a chef and changed the whole personnel
in the kitchen. She felt now thoy have the staff and are increasing their �
food volume. She felt they have had a steady increase over the last seven
months.
Councilwoman Moses asked if the Council were to look at this in six months,
if Mrs. Cichy felt they would see a highen volume than 33% and she answered
in the affirmattve.
Playor Nee stated they are talk�ng about potentially wanting to rev�ew the
performance tn six months and asked how they might proceed. Mr. Herrick
stated one thing they could require is a six month audit which they probably
don't nornally have, unless the Council simply wanted to accept their monthly
accounting si.atements.
It was suggested that Councilman Schneider contact the owners regarding this
deficit in their food saies.
No other persons in the audience spoke regarding issuance of these licenses.
MOTION by Councilman Barnette
Councilman Schneider. Upon a
the motton carried unanimously
E�' �' � pUBLIC HEARING ON AN
to close the public hearing. Seconded by
voice vote, all voting aye, Mayor Nee declared
and the public hear�ng closed at 10:06 p. m
MPANY (WILLIAM H. GOTTWALDT
E
MDTION by Councilman Schneider to waive the reading of the public heartng
notice and open the public hearing Seconded by Councilman Barnette. Upon
a voice vote, a71 voting aye, Mayor Nee declared the mot�on carried unam mously
and the public hearing opened at 10•07 p. m.
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PUBLIC HEARI�dG MEETING OF APRIL 13, 1981 PAGE 10
Mr. Qureshi, City Manager, stated Maple Lanes meets the food sale: requirement
and stated staff is working w�th them to improve the landscaping.
No persons in the audience spoke regarding the issuance of these licenses.
MOTION by Councilman Barnette to close the public hear�ng. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried una m mously and the pu6lic hearing closed at 10�08 p. m.
, � PUBLIC HEARING ON
'RAFFAELE'S SUPPER
AT 8298 UNIVERSIT
'� ��� _
r1
-SALE LIOUOR LI
CL
J. UIRGILLO) FOR THE PROPERTV LOCATED
MOTION by Councilwoman Moses to waive the reading of the public hearing notice
and open the publtc hearing. Seconded by Councilman Schneider. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously and
the public hearing opened at 10:09 p. m.
Mr. Quresh�, City Manager, stated Raffaele's meets the food sales requirement
and staff has no other comments.
Councilman Schneider asked if at one time there wasn't a problem w�th Sprin9
Lake Park's liquor store h1r. Qureshi stated the police haven't reported
any unusual problems.
The owner of Raffaelle's stated the police have been called two times and
one was for a break-in.
No other persons in the audience spoke regarding the issuance of these licenses.
D10TION by Counc�lwoman Moses to close the public hearing. Seconded by Councilman
Schneider. Upon a vo�ce vote, a11 voting aye, Mayor fJee declared the motion
carried unanimously and the public hearing closed at 10:1D p. m.
PUBLIC HEARING OIJ AN ON-SALE LIOUOR LICENSE AND A SUNDAV LIOUOR LICENSE TO
dba GROUND ROUNDI:
M�TIDN by Gouncilman Schneider to waive the reading of the pu6lic hearing notice
and open the publtc hearing. Seconded by Counn lman Barnette. Upon a vo�ce
vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously and the
public hearing opened at 10:10 p. m.
Mr. Quresh�, City Manager, stated th�s establishiment meets the requirements
for the faod and l�quor sales, and staff has no pro6lems with issuance of
the l�censes.
No persons in the audience spoke regardtng the issuance of these licenses.
MDTION by Councilman Schneider to close the pu6lic hearing. Seconded 6y
Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared
the mot�on carried unanimously and the public hearing closed at 10 11 p. m.
MOTION by Councilman Fitzpatrick to waive the reading of the public hearing
, nottce and open the public hearing. Seconded by Councilman Schneider. Upon
a voice vote, all vottng aye, Mayor Nee declared the motion carried unanimously
and the publ�c hearing opened at 10:12 p. m.
PUBLIC HEARING h1EETING OF APRIL 13, 1981 PAGE 11
Mr. Qureshi, City Manager, stated this establishment does not meet the
requ�rements, as far as the relation of food to liquor sales. He stated
they have consistently fallen below the requirement and the Council dtd
give some consideration in the past because of the bridge closing, however,
this is now open.
Mr. Qureshi stated the Council has a report from the Police Department and
they have talked with Tony Nicklow and, if thz information is correct,
he told the pol�ce they are going to get rid of the mechanical bull which '
is causing some problems, as well as take other precautions to keep down
the problems.
Mayor Nee stated he thought the restaurant was beautiful and asked why
there is such a disparity between the liquor and food sales
Mr. George Ntcklow explained food sales today are dtfficult and pointed
out they do give coupons where you purchase one meal and get one free.
Mr. N�cklow explained they aren't located in the greatest area, but are
now drawing from other areas. She pointed out the food sales is about
half of what they serve because of the coupons and free meals. She
explained they are pushing their 6anquets more in an attempt to bring up
food sales.
Councilman Schneider stated he felt it would tend to distort the sales of
food, when free meals are given, since these aren't included in the total
sales fi gure
f�ayor Nee felt what they really wanted was the assurance they are primartly
a restaurant.
It was pointed out they keep track of all the coupons and poss�bly they
could �°eport the free meals as an equivalent in dollars.
Mr. Qureshi felt there was some discretion in the licensing power and didn't '
have any problem, �f the discussion with Tony Nicklova is followed through
and they tighten up the control.
f�s Nicklow felt they are talking about two different thtngs. She stated
the bar is completely d�fferent from the dintng room and they have never ha�
any trouble with persons patronizing the d�ning room, but the bar attracts a
different typ of clientele. She stated the mechanical 6ull was purchased
for �12,000 to bring in people, however, it has been a nuisance. She stated
they have two bouncers, and when the pol�ce are called it is to assist the
bouncers or to avoid any problems.
Councilman Schne�der asked if they are going to eliminate the mechanical
bull.
Ms. N�cklow stated they will, but would like to realize some of their
investment.
Councilman Fitzpatrick stated it seems obvious to him that this is a legitimate
and genuine restaurant and felt they should go on record recognizing th�s and
that it �ust isn't an excuse for a bar.
The Police report was presented to the Nicklow's for the�r review, and Mayor
Nee asked if they would react to the problems noted in this memo.
P�o other persons in the audience spoke regarding the issuance of these licenses. '
NlOTION by Ceunc�lman Ftizpatrick to close the public hearing. Second�d by
Councilman Schnrider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hear�ng closed at 10 23 p. m.
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PUBLIC HEARING MEETING OF APRIL 13, 1981
PU[3LIC HEARING ON AN ON-SALE LI
SHOREWOOD
ICE
OCA
AT 6161 HI
PAGE 12
MOTION by Counctlman Schneider to waive the readtng of the public hearing
notice and_open the public hearing. Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously
and the publ�c hearing opened at 10.24 p, m.
Mr. Qureshi, City P4anager, stated this establishment meets the requirements
of food sales in relatton to liquor sales, and the only problem is inadequate
parking.
Mr. Herrick, City Attorney, stated if the tax increment district is established,
it could be that some additional property could be acquired and sold to the
Nicklow's for additional parking purposes.
Mr. Bill Nicklow stated he approached Mr. Saliterman several times regarding
this problem, but there hasn't been any interest on their part.
No other persons �n the audience spoke regard�ng the issuance of these l�censes
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared
the motion carried una m mously and the public hearing closed at 10 29 p. m
PUBLIC HEARING ON AN ON-SALE LIOUOR LICENSE AND A SU�lDAY LIOUOR LICENSE TO
DRIVE N. E. (dba: FIRESIDE RICE BOWU :
MOTION by Councilman Schneider to waive the reading of the public hearing
notice and open the pub7ic hearing. Seconded by Councilman Barnette. Upon
a voice vote, all voting aye, Mayor Nee declared�the motion carried unanimously
and the pu6lic hearing opened at 10 3D p. m.
Mr. Qureshi, City Manager, stated th�s
percentages of food sales. He stated
area improvements yet to be made.
establishment has one of the highest
th�ere �s minor landscaping and parking
No persons tn the audience spoke regardtng the tssuance of these licenses.
MOTION by Councilman Schneider to close the public hearing . Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Playor Nee declared
the motion carried unanimously and the public hearing closed at 10 31 p. m.
FUBLIC HEARING OF AN ON-SALE BEER LICENSE TO THE ORIENTAL HOUSE (KWEI-
MOTION by Counctlman Schneider to waive the reading of the public hearing notice
and open the publtc hearing. Seconded by Councilwoman Moses. Upon a voice
vote, all voting aye, h4ayor Nee declared the motion carried unanimously and
the public hearing opened at 10:31 p. m.
Mr. Inman, City Clerk, stated the application �s for a beer license only,
as the new owner is not a citizen so he connot apply for a liquor license.
Mayor Nee asked staff to check further into this requirement regarding the
liquor license and the statutes that apply.
No persons in the audience spoke regarding the issuance of this license.
MOTION by Councilwornan Moses to close the pu6lic hearing. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closed at
10:32 p. m.
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PUBLIC HEARING MEETING OF APRIL 13, 1981
F REZOfJING REQUEST, ZOA #30-02 FOR TED BURANDT TO
HELD 9/22/801:
PAGE 1�
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Councilman Schneider stated the Council's last action was a public hearing
scheduled on this rezoning for September 15, 1980 which was tabled to
September 22, 1980
Councilman Schneider stated the Counc�l continued the public hearing on
September 22, 1980 until later in the meeting, as the petit�oner wasn't
present, and when they went back to th�s ttem later in the evening, the
petitioner hadn't appeared at the meeting, therefore, the hearing was
closed, after some input from the public. He stated no action was ever
taken on the rezontng request.
Councilman Schneider stated it appears there is some activity in the
dw,ell�n9 in question, wh�ch could be of a remodelin9 nature, and it was
the intent, based on the Planning Corrvntssion minutes, to remodel th e
umt tnto an office structure.
Councilman Schneider felt since the City has not been able to get the
petitioner tc come before the,Cauncil, the best action would be to deny
the rezoning request.
Counc�lman Schneider stated, when the Council closed the public hearing,
staff was directed to contact the petitioner, and neighboring property
owners, to indicate what Mr. Burandt's plans were and his understanding
is that staff has been uanable to contact him.
Mayor Nee felt the question that should be considered is whether or not
the property should be rezoned.
Nlr. Flora, Public Works Director, stated th�s item went to the Planning
Commiss�on and they recommended the structure be demolished and a new
structure built, with praper screening provtded.
Councilman F�tzpatrick felt the case for the rezoning has not been made
before the Council and it would seem to him they don't have the basis on
which to approve it.
Councilman Schneider stated there was no justification given for the
rezoning at the hearing and at this point of time, he thought it should
go through a new process.
MOTION by Councilman Schneider to deny rezoning request, ZOA #80-02 as
filed by Ted Burandt. Seconded by Councilman Barnette.
Councilman Schneider stated, from 4fie information he has, every attempt
possible has been made to contact the petitioner.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor
Nee declared the motion carried unanimously.
RSHIP AN� EASEMENTS ON CERTAIN
FORFEIT PROPERTIES AN�
MOTION by Councilman Barnette to adopt REsolution fVo. 48-1981. Seconded by
Councilman Schendier. Upon a vo�ce vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
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PUBLIC HEARING MEETING OF APRIL 13, 1981
� �� GLAIMS:
PAGE 14
MOTION by Counc�lwoman Moses to authorize payment of Claims No. 059A30
through 099550. Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
A�JOURNhIENT:
MOTIDN by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman
� Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimou�ily and the Public Hearinq Meeting of the Fridley City Council
of April 13, 1981 ad�ourned at 10 45 p, m.
Respectfully submitted,
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Carole Haddad
Secy. to the City Council
Approved: May 4, 1981
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t�f� �
William �. Ne�
Mayor
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