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01/16/1978 - 00014294r � la d THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 16, 1978 The Public Hearing Meetina of the Fridley City Council was called to order at 7:43 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE� Mayor Nee led the Council and audience �n the Pledge of Allegiance to the Flag. ROLL CALL. MEMBERS PRESENT: Councilman F�tzpatrick, Counc�lman Hamernik, Mayor Nee, Counc5lman Schneider and Councilman Barnette MEMBERS ABSENT: None COMMENTS - SENATOR HUMPHREY: Mayor Nee stated this was the day Senator Hubert Humphrey was laid to rest and it seemed to him they should not let this date pass without making some note of it. Mayor Nee stated we all knew of Senator Humphrey and his greatness and even though sometimes we didn't agree w�th him politically and philosophically, there is no doubt he was a great man. Mayor Nee stated he not only improved the quality of life and politics in Minnesota, but had an effect throughout the world. P1ayor Nee stated, as far as Fr�dley goes, one event he recalls was when the tornado struck. Ne stated Senator Humphrey was Vice-President at that time and came to Fridley to review the problem. Mayor Nee recalled Vice-President Humohrey told us to get 6usy on our end and he would talk with the President and not to worry that the City would get help. Mayor Nee stated the Federal Government came through and helped the C�ty in many ways, He stated several thousands of people were in- spired by Humphrey's Hords that day and those who were discouraged got to work with some enthusiasm. Mayor Nee stated Senator Humphrey certainly will be mtssed. PRESENTATION OF AWARD: Mayor Nee presented P1rs. Carroll Kukowski with a certificate of appreciation for her service to the City and contributions made to the community. Mayor Nee and members of the Council thanked Carroll Kukowski for her services as a member of the Ceuncil and wished her well in her future endeavors. P9rs. Kukowski stated she appreciated working with all the Council and will miss everyone in Fridley. ADOPTION OF AGEN�A: MOTION by Councilman Schneider to adopt Councilman Barnette. Upon a voice vote, motion carried unanimously. DONATION: the agenda as presented. Seconded by all voting aye, Mayor Nee declared the RECEIVING DONATION FROM HARRIS LAKE HOMEMAKER'S A9SOCIATION AND PETITION #1-1978 FOR IMPROUING NEIGHBORHOOD PARK FACILITY: Ms. Jennifer Prosek, 1681 Camelot Lane N.E., submitted a petition urging the City Council to develop the area ad,7acent to and North of Harris Lake into a public park. Ms. Prosek stated the Harris Lake Homemaker's Club voted to make the park the beneficiary of their money making pro,7ects. She stated �200 was earned this fall from a craft sale wh�ch they wished to donate to the City at this time to help in development of the park. Mayor Nee stated he felt it was the first time thts had ever happened in the City. , � � , � � PUBLIC HEARING MEETING OF JANUARY 16, 1978 PAGE 2 �r. Boudreau, Dtrector of Parks and Recreation, felt the �200 would be used, according to the Homemaker's Association desires and wishes, in development of the park area. He stated he hoped this can 6e accomplished by the end of this summer. Dr. Boudreau stated the $200 will be incorporated into the total plan and thanked the Homemaker's Association for their donation. Councilman Schneider stated it was great to see a group get involved and have a serious interest. He indicated he would be work�ng with the group and the Council in developing the park. MOTION by Counctlman Schneider to receive Petition �1-1978 and check in the amount of $200 from the Harris Lake Homemaker's Association Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON ZONING ORDINANCE AMENDMENT ZOA �77-05, BY R.0 E., CORPORATION TO REZONE FROM C-2S TO C-1, GENERALLY LOCATED AT 7899 EAST RIVER ROAD N E. MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Public Hearing opened at 7:55 p.m. Mr Sobiech, Public Works �irector, stated this is a request to rezone property in the southeast quadrant of East River Road and 79th. He stated the purpose of the rezom ng is a result of Council action that was previously processed on a variance request. Mr. Sobiech stated the recorranendation made by the Plam m �g Comm�ssion at their December 7, 1977 meeting was that the property be rezoned from C-2S to C-l. Mr. Richard Ernst was present representing R.0 E Corporation. Mayor Nee stated the Council's intention in requesting this rezoning was to reduce the impact and make the property a less tntensive use. Mr. Sobiech stated eliminate the need C-2S zoning. it is a down zoning as compared to C-2S and the rezoning would for some of the variances, if the property had been left as No persons in the audience spoke for or against the rezoning. MoTION by Councllman Fitzpatrick to close the Public Hearing Seconded by Councll- man Hamer m k. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pu61ic Hearing closed at 7:58 p m. PUBLIC HEARING ON FINAL PLAT SUBDIVISION P.S, #77-06, BROTTLUND'S FIRST ADD MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open 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 opened at 7•58 p.m. Mr. Sobiech, Public Works Director, stated this is a request for a final plat for single family residential zoned property located on East River Road, south of Mississippi Street Mr. Sobiech stated the Plam m �g Commtssion held a public hearing on November 23, 1977 and recommended approval of the plai. Mr Sobiech stated the discuss�on previously at the Planning Commission was for a special use permit that would allow the development of duplexes, but this has been changed and at this time, it is a request for a plat to allow single family residences. �'i� e� PUBLIC HEARING MEETING OF �ANUARY 16, 1978 PAGE 3 Mr. So6iech stated there was a question regardtng the vacation of Grand Avenue and the staff has checked with Anoka County and as noted, one-half has been designated to Mr. Brottlund's property. Mr. Barry Brottlund then read the ab- stract of title covering the vacation. No persons in the audience spoke for or against this subdivision request MOTION by Counc�lman Fitzpatrick to close the Public Hearing. Seconded by , Councilman Barnette. Upon a voice vote, all voting aye, P9ayor Nee declared the motion carried unanimously and the Pu61ic Hearing closed at 8:02 p.m. PUBLIC HEARING ON FINAL PLAT SUBDIVISIOP7 P,S. �77-07, EUERT'S ADDITIOfJ, BY ARTHUR L FRETAG, GENERALLY LOCATE� AT INTERSECTION OF 73RD AYENUE AND CENTRAL AVENUE N E. REPLACED PREVIOUS PLAT, CENTRAL TOWNHOUSE AD�ITION, WHICH WAS APPROVED, BUT NOT RECORDED � Mr. Sobiech, Public Works Director indicated Mr. Fretag would be at the meeting a6out 8 15 p.m. and asked Council to proceed with the other items until Mr. Fretag arrived. PUBLIC HEARING ON ZONI MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Publ�c Hearing, Seconded by Councilman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8 03 p.m. Mr. Sobiech, Public Works Director, stated this is a request to rezone property from R-3 to CR-1 located northeasterly along Hillwind Road to the North of Lynde Drive. He stated the purpose of the rezoning is to allow development of a real estate office � The Planning Commission held a publtc hearing on December 7, 1977 and recommended approval of the rezoning. Mr. Sobiech stated this parcel 7s located directly to the south of a plat for Real Estate 10. He pointed out that, with the rezoning, there is also a lot split involved, at which time the City would request a portion for easement purposes to allow for a future roadway P1r. Sobiech stated, if the building Sundial Realty is proposing is similar in nature to the Real Estate 10 office, it would fit into the neigh6orhood quite well. Mr Sobiech explatned the reason for the lot split was because this general area was divided previously in Anoka County, without approval by the City. He stated the City is attempting to get these matters straightened out and he presented a legal description of the lot split and felt it is in line with the platting ordinance. Mr. Sobiech stated, at the appropriate time, the City will have to make im- provement of the roadway. He indicated the City, in the past, has asked devel- opers to escrow mon�es for roadway improvements and felt this may be an item the Council should consider as a stipulation to the rezom ng Mr. Jim Villella, 5323 Matterhorn Circle, stated it is the intention of Sundial Realty to build a real� estate office ad�acent to Real Estate 10. Mr. Sobiech presented drawings of the proposed building to be constructed by � Sundial Realty. Councilman Schneider felt, from a planning vtewpoint, it seems there was a "hodgepodge" in that area with Wausau Homes, apartments, Real Estate 10 and potentially the Sundial Realty office and also some R-1. Mr So6iech stated the only property that �sn't zoned multiple is the Real Estate 10 parcel, and felt this proposed addition would fit in with the area. � � � PUSLIC HEARING MEETING OF JANUARY 16, 1978 Councilman Schneider questioned what their plans were for signs. PAGE 4 Mr. Villella stated they would have a sign in front similar to the Real Estate 10 sign. Mr. Villella stated the only thing they are looking for is that they not be restricted in their building to the exact plan submitted. He stated he received the impression from the Planning Commission that they had to adhere to the plan and couldn't change the build�.ng at all, and felt this would be unfair. Councilman Schneider questioned if the rezoning could be tied in with the building permit. Mr. Herrick, City Attorney, stated first reading of the ordinance to rezone the property could be given and the second reading held until the building permtt was approved. He stated this would give the City assurance as to what type of structure would be constructed and the petitioner some flexibility in the event they wanted to make some modifications in their plan. Councilman Schneider asked if a park fee would be involved. Mr. Sobiech indicated there would not be because it could be handled as a lot split. Councilman Schneider asked Mr. Villella if he had contact from the staP£ regarding funds for future road improvements. Mr. Villella stated the City was taking some of their property for an easement and didn't feel they should be asked to escrow funds for future roadway unprovements. Mr. Sobiech pointed out that if the roadway is constructed, 5undial would have another access. Mr. Villella stated if the road is constructed, they will pay for it, but didn't feel they should have to escrow funds for something that may not be constructed He felt this was a little unreasonable. Mr. Qureshi, City Manager, stated, in the past, the City has imposed restrictions which they felt were in the best interest of the community and staff would recommend that monies be escrowed for the roadway and park fee be paid. Councilman Schneider asked if other persons besides Real Estate 10 and Wausau Homes were mailed notices of the hearing. Mr. Sobiech stated a total of 15 notices were mailed, nine of which were to single family residences on Lynde Drive, Central Avenue and Fillmore Street. Councilman Schneider stated Mr. Villella indicated they would be constructing a sign in front of the building and asked if he was aware of the height restrictions and if they would be requesting a variance. Mx. Villella felt it seemed reasonable to request a sign the same height as the Real Estate 10 sign. Councilman Schneider stated he would like to talk with residents in the area regard- ing the rezoning and did indicate he felt there shouldn't be any variances to the existing sign ordinance. No persons in the audience spoke for or against this rezoning request. MOTION by Councilman Schneider to close the Public Hearing. Seconded by Council- man Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:32 p.m. PUBLIC HEARING ON FINAL PLAT SUSDIVISION P.S. �r77-07, EVERT'S ADDITION, BY ARTHUR L. FRETAG, GENERALLY LOCATED AT INTERSECTION OF 73RD AVENUE AND CENTRAL AVENUE N•E. (REPLACED PREVIOUS PLAT, CENTRAL TOWNHOT]SE ADDITION, WHSCH WAS APPROVED, BUT NOT RECORDED): MOTION by Councilman Fitzpatrick to waive the reading o£ the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik Upon a voice vote, ,7rr�i � � �( PUBLIC HEARING MEETING OF JANiJARY 16, 1978 PAGE 5 all voting aye, Mayor Nee declared the motion carried unan�.mously and the Public Hearing opened at 8:33 p.m. Mr. Sobiech, Public Works Director, stated this is a plat to allow construction of duplexes in the northeast quadrant of 73rd and Central Avenues. He indicated this same parcel of property was under discussion for a townhouse development, however, it appears more feasible to construction double bungalows. He stated the fa.nal plat would consist of two blocks for a total of 1D lots. He stated the lots meet the minunum requirements of the platting orclinance as far as area, however, one corner lot calls for SO feet and would have only 78 feet. Mr. Sobiech stated the Planning Commission recommended approval of this plat. He stated the plat calls for a roadway to be extended from 73rd Avenue to the north. Ae stated the staff felt they would rather see the roadway coming off Central Avenue to allow for a more feas�ble development of the remaining commercial property. He stated Mr. Fretag contacted the property owner to the north regarding this matter, but the property owner was not inclined to get into any redevelopment of his property. Mr. Sobiech stated he wished to make it clear that the developer will be paying all asses snents connected with this plat. Mr. Sobiech stated Mr. Fretag concurred with easements for future traffic move- ment at the 73rd Avenue intersection. He also stated Mr. Fretag is aware of the park fee connected with the plat. Councilman Schneider asked Mr. Fretag if he had plans or drawings for the buildings. Mr. Fretag stated he did not bring the plans with him, but the buildings would look like single family homes. He stated they will be three bedroom units and will have at least a triple car garage per building. The price range is about $90,000 and he stated s�c units have already been sold. A gentleman from the audience indicated he would like to be assured a11 the assess- ments would be picked up by the developer. Mayor Nee stated the notice he received is a form used for all public hearings and in soma cases, other property owners may be af£ected; however, in this particula plat, the developer will be paying all special assessments for developing the property. Councilman Schneider questioned if the City should have an agreement with Mr. Fretag regarding the assessments. Mr. Sobiech felt this wouldn't be out of line as it has been done in the past. Councilman Schneider felt they should have such an agreement before final approval of the plat. Councilman Schneider indicated he appreciated Mr. Fretaq's cooperation in developing the property. No persons in the audience spoke for or against this proposed plat. MOTION by Councilman Schneider to close the Public Hearing. Seconded by Councilman Barnette. Upon a voa.ce vote, all voting aye, Mayor Nee declared the motion carried unanunously and the Public Hearing closed at 8:50 p.m. PUBLIC HEARING ON AN ON-SALE L14UOR LICENSE FOR THE FRIDLEY RICE BOWL� INC.� FOR THE PROPERTY LOCATED AT 1160 FIRESIDE DRIVE N.E. (GLENN F. WONG, SANDRA WONG AND OLIVER TAM): MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanunously and the Public Hearing opened at 8:50 p.m. Mr. Brunsell, City Clerk, stated the Police Departrnent has recommended approval of the license and the Fire Inspector and Bua.lding Inspection department have submitted comments regarding the building structure. He stated the license would be issued to the existing building, the Fireside Rice Bowl. Mr. Brunsell pointed , LJ l� v PUBLIC HEARING MEETING OF JANUARY 16, 1978 PAGE 6 out the prunary concern was the sprinkler syst�n as well as several other items. Mr. Wyman Smrth was representing the applicants and stated the application is for the Fridley Rice Bowl, Inc., a new corporation involving Glenn and Sandra Wong and Oliver Tam. He stated the Fireside Rice Sowl is an old establishment in Fridley and operated by Glenn and Sandra Wong a long tune. He indicated they are agree- able to installation of a sprinkler syste�n and had in his possession an agreement with a company for installation of such a system at a cost of $22,932. ' Mr. SYnrth stated it isn't the intention of the applicant to have a cocktail launge, but to serve wcktails in connaction with the dinners. He requested approval of this on-sale liquor license sub�ect to the applicants complying with the sprinkler system requirement, insurances, filing of the bonds, and whatever else is necessary to meet the State law. Mr. Smith stated when Mr. and Mrs. Wong made out the application, they indicated any political contributions they made were nominal. Mr. Smith stated Mr. Wong didn't have any list to whom contributions were made and no significant contributions were made. Mr. Smrth stated IVIr. Wong has contributed amounts not to e�cceed $20 to persons who have solicited and he has not kept track of names. Councilman Schneider stated he checked through his list of contributors and found that Mr. Wong had contributed $20 to his campaign. Mr. Tam submittedphOtos indicating some ideas he had for making future a.ntenor and exterior changes to the Fireside Rice Bowl. Councilman Schneider asked, besides the sprinkling system and the signs, if there were any other particular recommendations. Mr. Soba.ech stated the sprinkler system will be required to satisfy the ordinance_ He indicated the signs they now have are billboards and perhaps the City could look at those to see whether they satisfy the billboard requirements. � Mayor Nee indicated the signs are grandfathered in. Mr. Smith stated he felt the applicants would be agreeable to make some changes in the signs, but felt it might be better to leave a.t to their �udgement. Mr. Sobiech stated, as far as the rtem regarding exterior development, the Crty would work with the property owner to more clearly designate the parking areas and driveways and perhaps put in a boulevard with some landscaping. Mr. Sobiech submitted a proposed plan for the parking lot area. No persons a.n the audience spoke for or against this request for an on-sale liquor license. MOTION by Councilman Schneider to close the Public Hearing. Seconded by Council- man Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 9:07 p.m. Mr. Wong asked if the Council could give them an indication if the liquor license would be approved. He stated he wished to proceed to contact prospective employees, if the license is approved. Mayor Nee pointed out the normal procedure is not to act on an item the same evening as the public hearing. He indicated, however, he would poll the Counca.l to determine if they wished to take action this evening. � There were no ob7ections by any members of the Council to proceed with action re- garding this item. MOTION by Councilman Schneider to grant an on-sale liquor license to the Fridley Rice Bowl, Inc. with the stipulations that the contract for the sprinkler system meet the requirements of the Fire Code, as approved by the Fire and Inspection Department, and be a.nstalled as soon as possible and the exterior development plans be worked out with the Planning Department. Seconded by Councilman P'itzpatrick. Mr. Sobiech, Public Works Director, questioned if a performance bond should be required for the exterior development. �� ��„ PUBLIC HEARING MEETING OF JANUARY 16, 1978 PAGE 7 Mr. Smith stated they will be signing the contract for the sprinkler system and felt the Counca.l had some control for the exterior development when the license comes up for renewal. Councilman Schneider indicated the applicants have been in business many years in Fridley and felt they would work to make their establishment more attractive. Mr. Wong stated he wished to work with the Fire Inspection Department and the insurance agency to make sure all requirements are met on the sprinkler system. He £elt it would take about two months to install the sprinkler syst�n and hoped the inside work would be done by April so the outside work connected with the sprinkler system could then be completed. MOTION by Councilman Hamernik to amend the motion that the petitioner have his building up to code by the time of license renewal which is May l, 1978. Seconded by Councilman Schneider. Mr. Wong stated once he signed the contract for the sprinkler system he would want rt done in 60 daysa UPON A VOICE VOTE TAKEN ON THE AMENDMENT TO THE MOTION, all votecl aye, and Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, confirmed it was his understanding that the applicant would comply with the safety requirements and a.nstall the sprinkler system and work wrth staff on the landscaping. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OLD BUSINESS: RESOLUTION NO. 9-1978 PROVIDING REDUCED SEWER RATES FOR SENIOR CITIZENS AND HEADS OF HOUSEHOLDS LIVING ON DISABILITY PAY (TABLED 1/9/78): Councilman Schneider indicated he did not wish to appear he was against reduced rates for disabled persons, but was concerned about the definition. Mr. Herrick, City Attorney, felt a persan must show they qualify for disability payments under soca.al security or sunilar disability pay. Mr. Brunsell, City C1erk, stated the income level would also have to be less than $7,000 per year in order to qualify. Councilman Schneider questioned if there would be a problem as to how this is classified. i�lr. Srunsell stated, from the standpoint of ineetin.g the requi�ements of the *�c:tro- politan Waste Control Commission, as long as the City reviews the rates to see that persons are paying their proportionate share, he didn't feel there would be a problem. Mr. Herrick, City Attorney, did not see any problems from a legal standpoint, as long as the City had the requirement regarda.ng the limitation of income. Dr. Carl Heggestad felt this resolution should be connected wa.th the rate of in- flation. Mr. Brunsell stated a.t was the City's intention to review this at the end of 1978, and the income figure could also be taken into consideration at that time. MOTION by Councilman Schneider to adopt Resolution No. 9-1978. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Schneider to ad7ourn the meeting. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried � � � ' L �' , PUBLIC HEARING MEETING OF SANUARY 16, 1978 PAGE 8 unanimously and the Public Hearing Meeting of the Pridley City Council of .7anuary 16, 1978 ad7ourned at 9:35 p.m. Respectfully submitted, � 7� i 'L�Gvc � �L-�'._ j�f <C_P Cv-L: �.� Carole Haddad Secretary to the City Council , �l '� " �, Approved: '�' J' /� C� William J. Nee Mayor