Loading...
Public Hearing Minutes14 PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Public Hearing closed at 7:48 p.m. NEW BUSINESS: Page 3 CONSIDERATION OF A REQUEST FOR VARIANCES TO ALLOW CONSTRUCTION OF J( A 7-11 STORE AT 7899 EAST RIVER ROAD, R.C.E. CORPORATION: ��on Mr. Sobiech, Public Works Director, stated the Board of Appeals did not send a recommendation to Council as it was a tie vote the motion. He stated, with the rezoning, what previously was a request for seven variances is now reduced to two; that is, variance from the side yard setback and variance 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 petitioner, stated he reviewed the stipulations as shown on Page 2D and stated Item 12 is no longer pertinent since the property has been rezoned. lie stated he is in agree- ment with the other stipulations, with the exception of possibly Item 4 pertaining to the entire building being brick construction. He requested they be allowed to use breakoff block on the back of the building since this would result in a saving of about $6,000 and would like to spend this money for landscaping and berming. Councilman Fitzpatrick stated he was not too sympathic with this request since this requirement has been in the stipulations about a year and a half and felt the preference to spend this money on landscaping and berming could have been brought out at an earlier time. There being no motion to amend the main motion, Nee called for a vote on the motion. UPON A VOICE VOTE, all voted aye, and Mayor nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF PRELIMINARY PLANS FOR EXPANSION OF MUNICIPAL GARAGE: Mr. Sobiech, Public Works Director, stated, in the preliminary plans for expansion 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 preliminary drawing does provide a layout to allow centralization of the Public Works Operations and satisfy requirements for the rest - rooms. In addition, 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 reviewed 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 Municipal Garage. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15 r PUBLIC HEARING MEETING OF FEBRUARY 13, 1978 Page 4 CONSIDERATION OF STATUS REPORT ON MOORE LAKE EVALUATION AND RESTOR- ATION PROJECT. Mr. Sobiech, Public Works Director, stated Hickok and Associates is requesting an extension on the data collection phase for their report on Moore Lake in order to incorporate collections of samples throughout the spring snow melt. {le stated the report could be compiled on the data that has now been collected, however, by extending the data collection phase, it was felt Hickok and Associates would get a complete cycle from spring, summer, winter and fall activities and would be in a position to make a more positive review of the lake. Councilman Schneider stated he had a concern regarding the time to review the report from Hickok and Associates before final grant application must be submitted. He felt possibly a pre- liminary report should be submitted for Council review regarding findings and potential costs to avoid a situation where it would be necessary to take action on the report before there was ample time to study it. Mr. Sobiech felt the request for extension could be approved, but an inquiry made regarding an interim report and recommend- ations. MOTION by Councilman Schneider to approve the request of Hickok and Associates for extension of the study on Moore 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 by 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. 035NO2 through 040938. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. DFL CLUB - CABLE TV Mrs. Connie Modig, representing the DFL Club, appeared before the Council concerning DFL announcements on cable television. She stated the DFL Club would like to use the cable television facilities to announce public meetings to be held by their organ- ization. She stated, in checking if this could be done, she was advised that the City Manager's office 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 informed on sources available for their announcements and cable television was one source mentioned in the letter. She felt cable television should be available for use by political organizations to announce their meetings and activities. She stated they would not be asking anyone to vote or endorse their candidates, but announce public information regarding their activities. Councilman Schneider felt the cable television media is avail- able and should be open to those who want to use it. He felt political 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 City involved in bi-partisan politics and felt perhaps some guidelines are needed. 14? THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 14, 1979 i The Public Hearing Meeting of the Fridley City Council was called to order, after the Board of Review Meeting, at 9:30 p.m. i ROLL CALL: f MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette 1, MEMBERS ABSENT: None ADOPTION OF AGENDA: The agenda was adopted as submitted. PUBLIC HEARINGS: PUBLIC HEARING ON ISSUANCE OF WINE LICENSE TO IRENE Y.L. SONG DBA: ORIENTAL i HOUSE RESTAURANT AT 5865 UNIVERSITY AVENUE N.E.: MOTION by Councilman Schneider to waive reading 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 public ' hearing opened at 9:30 p.m. a 1 Mr. Brunsell, City Clerk, stated the report from the Police Department indicates there is no evidence of any police problems and the Police Department could see no reason for denial of this license. 1 No persons in the audience spoke for or against the issuance of this license. MOTION by Councilman Moses to close the public 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 9:32 p.m. PUBLIC HEARING ON THE ISSUANCE OF ON -SALE NON -INTOXICATING MALT LIQUOR LICENSE TO PATRICK G. KOLB DEBA: PAKOLLY'S PIZZA AT 7893 EAST RIVER ROAD: MOTION by Councilman Fitzpatrick to waive the reading 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 public hearing opendd at 9:32 p.m. Mr. Brunsell, City Clerk, stated the Police Department made an investigation of the premises and finds no reason for denial of the license. Councilman Fitzpatrick stated, in all the years they were talking about this property and development of it., he never heard any reference for a pizza parlor with a beer license. He stated he had no objection to the applicant regarding the beer license, but it does disturb him to have that business at this particular location. No person in the audience spoke for or against the issuance of this license.- MOTION icense:MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried - unanimously and the public hearing closed at 9:34 p.m. PUBLIC HEARING ON FINAL PLAT P.S. #79-01 JAY PARK ADDITION BY ALVIN A. NITSCHKE 6661, 71, 81 MAIN STREET N.E. MOTION by Councilwoman Moses to waive the reading 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. Mr,Sobiech, Public Works Director, stated this hearing is to review the final plat for property at 6661, 6671, and 6681 Main Street. He stated the Planning 148 PUBLIC HEARING MEETING OF MAY 14, 1979 PAGE 2 Commission held a public hearing and has recommended approval of the plat. Mr. Sobiech stated, originally, the property developed into a multiple rental situation and Mr, Nitschke intends to plat the property into lots which would then be owner -occupied. 14r. Sobiech stated, since this was an existing situation, and there was nothing in the code regulating existing structures, the staff likened this to a townhouse development and proceeded on that basis. He stated, in this case, the plan has been constructed and now exists and the City would have to concern themselves with the platting of the property. Mr. Sobiech stated the original recommendation of the Planning Commission was for approval based on the platting of the property. He stated what is shown on the map is actually three lots in one block. Each lot would consist of a portion of the structure, a garage and then the adjacent properties. Mr. Sobiech stated at the Planning Commission meeting on April 18, 1979, there was discussion on the townhouse proposal. In light of that discussion, the Planning Commission recommended that the property under the existing dwellings become private ownership and the rest of the land become ground held in common. Mr. Sobeich stated the staff and City Attorney feel this could be handled either way because once it is platted, the legal description would be for structures and certain properties. He stated, either way, there would have to be by-laws, filed as covenants, that would take into account certain items whether it be from maintaining the structures, down to the utilities. He stated an association would, -be formed consisting of owners of the property, but initially it would probably be set up by the present owner at this time, Mr. Nitschke. Councilman Fitzpatrick questioned once the by-laws were set up, what about control as far as the City was concerned. Mr. Herrick, City Attorney stated, generally speaking, by-laws can be altered by a certain percentage of the property owners. He stated where ` you are dealing with only three property owners, you would probably want to make it unanimous for any changes. He felt, in this particular situation, the Council should make the approval contingent upon approval of the initial by-laws. Mr. Herrick felt this may bean area that the City could be dealing with that may happen frequently, where owners of rental properties decide to "condominiumize". He felt the City may be faced with similar requests in the future from people who own larger units and stated be discussed this with staff to some extent, and they felt they had adequate ordinances to cover the situation. Councilman Schneider asked if this was the same process they would be considering for condominiums. Mr. Herrick stated, at this stage, the City doesn't have any experience with such requests, and unless some new legislation is adopted he would think it would be the same process as for condominiums. Mr. Sobiech stated this entire area of revising existing rental property is being reviewed by the Planning Commission. Mr. Sobiech felt, in his own mind, that if there was an apartment situation with stories of dwelling i units, he didn't believe it would satisfy the requirements of the townhouse i or condominium development, as compared with units in a townhouse design where lots and blocks can be simply described, and common property can be seen. He felt, with apartments you have a difficult time identifying what is common property. Mr. Herrick stated he would concur with Mr. Sobiech's comments and that with an apartment, you have a different style building.