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.