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05/09/1977 - 000145321 THE MINUTES OF THE PUBLIC HEARING MEETING DF THE FRIDLEY CITY COUNCIL OF MAY 9, 1977 The Public Hearing Meetinq of the Fridley City Counc�l of May 9, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLE�GE OF ALLEGIANCE: Mayor Nee led the Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGEN�A Councilwoman Kukowski, Councilman Schneider, Mayor Nee, Councilman Hamernik, and Councllman Fitzpatrick None MOTION 6y Councilman Hamer m k to adopt the agenda as presented. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BLIC HEARIN�S. PUBLIC HEARING ON STREET AND ALLEY UACATION SAV #77-01, BY CLIFFORD MISTALSKI, GENERALLY LOCATED AT 5801 6TH STREET N.E.: MOTION by Councilman Hamernik to waive the reading of the Public Hearing notice and open the Publtc Hearing. Seconded by Councilman Schnetder. Upon a voice vote, all voting aye, �Mayor Nee declared the motion carried una m mously and the Public Hearing opened at 7:38 p.m. � Mr. and Mrs. Mistalski were present to answer any questions from the Council. Mr. Sobiech, Public Works Director, explained this is a request for vacat�on of a 17 foot street and alley easement that presently exists on Lot 6, Block 32, Hyde Park. The purpose of this vacation is to allow a buildable lot of Lot 6 together with the adjacent Lot 7. Mr. Sobiech stated the Plamm �g Commission recommended approval, w�th the City main- taining a 10 foot easement on the south protion He noted there is no ob�ection to this vacation from the utility companies or the City staff, if the easement is maintained for the existing water main. Mr. Qureshi, City Manager, questioned if there was a walkway easement. Mr. Sobiech stated it would 6e necessary to verify if the City retained a walkway ease- ment on a previously vacated portion of 572 Avenue �ust south of the subject vacation Mayor Nee questioned the garage setback from Lot 7 and Mr, h9istalski stated it is six feet from the lot line Mr. Qureshi stated, even without the vacation, they have almost a buildable lot. Mr Sobiech stated, however, the vacation would give an 88 foot lot including the utility easement. Councilman Hamernik questioned the 12 foot alley shown on the drawing. Mr. Sobiech stated this is not improved, but strictly for utility purposes. Mayor Nee inquired tf the applicants were going to combine the two lots, to which they answer in the affirmative for the purposes of making one building site. Mr. So6iech checked and found there is a walkway easement that is fenced, but could be removed if the City wished to use it. No persons in the audience spoke for or against this vacation request. °k � a� PUBLIC HEARING MEETING OF P1AY 9, 1977 PAGE 2 MOTION by Councilman Hamerm k to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all votin9 aye, P1ayor Nee declared the motion carr�ed unanimously and the Public Hearing closed at 7 50 p.m. OL� BUSINESS CDNSIDERATION OF VARIANCE ON FENCE REQUIREMENT FOR SWIM"�IING POOL, RICHARD RIGNELL, 1171 LYNDE DRIVE ' Councilman Schneider asked Mr. Rignell if he had any addittonal comments to make from the last meeting. Mr Rignell stated he did not have the minutes from the last meeting and really has nothing further to state. Mr. Qureshistated minutes are not dtstributed, unless approved by the Council, and the m�nutes of the May 2 meeting would be on the next agenda for approval. Councilman Schneider questioned Mr. Rignell if he had taken any action, since the last meeting, to protect the pool area. Mr. Rignell replied in the negative and stated he felt the pool is adequately protected as the fence exists now. Councilman Schneider stated he would have been prepared to move to continue tiiis item for an additional week, if provision had been made for additional protection. Since this has not been done, Councilman Schneider moved the following� N10TION by Councilman Schneider to concur with the Appeals Commission and deny the var�ance for Richard Rignell. Seconded by Councilwoman Kukowski. Mrs Nancy Strong, 5720 Regis Drive N.E., asked if the fence was inspected since the last meeting. Mr Sobiech stated the fence was up and providing adequate support, but the City � does not certify if it can withstand additional types of attachments. Playor Nee questioned when the fence was constructed and stated he was told it was 1962 Mr. Rignell stated he would not argue with that date. Mr. Herrick, City Attorney, asked if the City has any pictures on file of the fence. Mr. So6iech stated they do have pictures as part of the City's file. Councilman Schneider stated he can sympathize with Mr. Rignell's situation, and would have liked to see some compromise worked out to protect the children that might come into Mr Rignell's yard. However, since nothing could be worked out, he felt it necessary to take action for safety purposes. Mayor Nee stated it seems a member of the staff contributed to a misunderstanding that is very regretable, but feels the safety requirements have to be taken into consideration, as he felt it was a serious question. UPON A VOICE VOTE TAKEN ON THE h10TI0N, all vot�ng aye, h4ayor Nee declared the motion carried unanimously. Mrs. Strong, 5720 Regis Drive N.E , stated she was led to believe this property was not seen before the permit for the pool was granted She felt this was unforgiveable and before the permit was granted, the premises should have been inspected. Mr. Sobiech stated, when the permit was issued, a copy of the rules and regulations � regarding installation were sent to the property owner so 6efore the pool was actually dug, he was aware of the rules and regulations. Mrs. Strong stated they were led to belteve, from the Appeals Commission, that there was no inspection of the property at all until a few weeks ago. Mr Sobiech stated the City Staff did not approach the property owner prior to the issuance of the permit, but a copy of the rules were attached to the permit as well as sending a copy to the property owner P4r. Sobiech stated, in swimming pool construction, one or two inspections are made. Mayor Nee stated he also read in the Appeals Commission minutes that it was months, after completion of the pool, before an inspect�on was made Councilman Schneider questioned if an inspection was made within a week after completion of the pool, to which Mr. Rignell answered �n the affirmative. Mr. Rignell stated the rules and regulations sent to the contractor and himself contained wording which he felt was quite different from the wording that appears in the ordinance and therefore, � � PUBLIC HEARING MEETING OF MAY 9, 1977 felt he was not informed properly. PAGE 3 Mr. Sobiech stated the permit was taken out October 13, 1976 and it was only a matter of weeks before an inspection was made. Mayor Nee stated it is normally the contractor's obligat�on to call the City for an inspection. He indicated he agrees the City contributed in some way to the misunderstanding and stated he was regretful about this. Mr. �ick Kalow, 1090 Hathaway Lane N.E., stated this item has taken a lot of every- body's time and questioned if there is any way the code can be written more clearly so this will not happen again. He felt the interpretation of the code is different for everyone. He �ndicated something should be written in the code spell�ng out the type of fencing, either cyclone or vertical redwood. Mr. Herrick, City Attorney, stated the present standard for fencin9 was adopted after substantial discuss�on. Some of the staff felt they should have strictly cyclone fencing and others felt some other type of fence would provide the same element of safety, without dictating a certain type of fence. He felt no fence is non-climbable to a matter of degree. What the City is really looking for is some type of fence that will not permit easy climbing or permit youngsters to readily climb it. He stated he doesn't maintain that anyone could say ihe fence in question is non-climbable Mr. Kalow, 1090 Hathaway Lane N.E., felt it would be beneficial for persons constructing a swimming pool to submit a sketch of what is proposed before proceeding. Mr. Herrick felt this could be done and perhaps alleviate the problem they now have. Mayor Nee stated he appreciated Mr. Kalow's concern. Councilman Schneider questioned Mr. Rignell if he specifically asked staff about the ,fence and described it to them. Mr. Rignell stated they are talking about conver- sations that happened over a year ago, but would like to point out, the present code calls for a self-closing and self-latching door that is capable of being locked He felt this clearly shows any child that can reach to the too of the gate can get into the yard anyway and he indicated, that to him, the code is referring to small children. Based on the Council's action to deny this variance filed by Mr, Rignell, steps must be taken to satisfy the requirements of the ordinance regarding fencing for the swimming pool. � NEW BUSINESS: RECEIVING BIDS AND AWARDING CONTRACT FOR SFlNITARY SEWER MAIN REPAIR - CHANNEL ROAD oonirrr c ui�� arn nornirnir_ nnnv c io�� . Julian �ohnson Construction 1229 Osborne Road Fridley, MN 55432 �e-Luxe Construction 527 Emil Avenue Shoreview, MN 55112 N.D.H. Asphalt 5400 Industry Avenue N.W. Anoka, MN 55303 Kenkq Inc. 8275 Central Avenue N.E. Minneapolis, MN 55432 Berghorst Plumbing & Heating 10732 Hanson Blvd. - Box 33037 Coon Rapids, MN 55433 $10,873.80 �11,547.00 $12,623.00 $13,858.94 $14,226.50 �a r a / PUBLIC HEARING MEETING OF MAY 9, 1977 Encon Utilities Underground Utilities 1530 East Cltff Road Burnsville, MN 55337 Randall Brothers 3400 Silver Lake Road Mpls., MN 55418 G. L. Contracting P. 0. Box 340 Hopkins, MN 55343 Biancom Construction 986 Bayard Avenue St. Paul, MN 55102 Dawson Construction Co. 18D3 S. Ferry Street Anoka, MN 55303 PAGE 4 $14,663.60 $15,2E5.D0 ' $23,168.50 $25,278 10 $28,345.00 MOTION by Councilman Schneider to receive the above bids for Project S#122. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Sabiech stated the bids were opened on May 5 for this sanitary sewer main repair and replacement, Pro,7ect S#122 and recorrenended the low bidder, Julian �ohnson Construction be awarded the contract. Councilman Schnetder questioned the range of differences in the bid prices. Mr. Sobiech stated he did not have an answer, but felt a key point is that some contractors may be busier than others and willing to do a pro�ect at alower price. MDTION by Councilman Schneider to award the contract to the low bidder, �ulian Johnson Construct�on for sanitary sewer main repair and replacement Pro,7ect 4122 in the amount of $10,873.80. Seconded 6y Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. RECEI�ING ANNUAL FINANCIAL REPORT OF THE CITY OF FRIDLEY: Councilman Schneider referred to the llth cerning revenue sources and expenditures that wasn't spent. page from the front of the report con- He questioned what happened to the money Mr Qureshi explained these monies go tnto the surplus which is used to carry the City over until the County turns over the money to the City from taxes collected. It was explained the City needs money to operate in the interim periods before monies are received from the County. Mayor Nee questioned the interfund transfers, and stated he would like to see a 6reakdown on what is left in the Contingency Fund Mr. Brunsell, Finance Director, stated a breakdown could be given on how much was not spent and how much was used to increase the operating departments' budgets. Councilwoman Kukowski stated she wanted to see the transfer of funds from the Contingency Fund Mr. Qureshi stated, if the Council is interested in what was transferred from the Contingency Fund, this information can be furnished. Councilman Schneider questioned the amount of monies lost in tax revenue because of the Fiscal Disparities law. Mr. Qureshi explained roughly 3.5% of $4,500,000 would not come back to the City. Counctlwoman Kukowski requested an explanation of the mill rates under Table 5 wh�ch Mr. Brunsell explaTned. Councilman Fitzpatrick referred to Tables 2 and 3 and questioned the differences in the general property tax of $1,762,000 and collection of $1,812,000. Mr. Brunsell explained Table 2 is �ust General Fund and Table 3 is tax levies for all funds. Mr. Brunsell also stated the difference is due to the pension funds which are now , � ' � � PUBLIC HEARING MEETI�G OF MAY 9, 1977 carried under the General Fund PAGE 5 Mayor Nee questioned why no rent was shown for Liquor Store #3 on Page 31 of the report, and asked where the cost of the capital on the build�ng was shown. Mr Brunsell stated it is not shown on the operating statement. Mayor Nee felt it was d�fficult to compare the operat�on of the two stores when presented in this matter, and something should be shown for the use of the capital Councilman Fitzpatrick questioned Other Revenues in Table 2, and what these revenues were. Mr. Brunsell referred to Page 15 for a breakdown and stated a large part would be interest earnings and refund from the State for pensions Councilman Fitzpatrick felt �63,000 was accounted for, but the rest was lumped into one sum of over $100,000. Councilman Schneider asked if this report is used to determine the City's bond rating. Mr. Qureshi replied that this is one of the main documents used alon9 with others. Councilman Hamernik requested an explanation of the anti-trust fund monies shown in the Quarterly Report to which Mr. Brunsell explained these are monies the City is receiving as a result of an anti-trust suit against the liquor suppliers. REPORT ON BON� RATING Mr. Qureshi, City Manager, reported he has been advised from the City's financial consultant that Fridley's bond rat�ng has improved from an A1 to AA, which is the highest possible rating for a City of the size of Fridley. He stated he wished to credit the Counctl, Finance Department, and all other City departments tn helping to achieve this rating. He advised, in essence, what this means to the City is that money can be borrowed at a lower rate, thus passin9 the reduced costs on to the citzzens. Mayor Nee congratulated Mr. qureshi and the staff for this achievement. LICENSE FOR BAKE SALE TO BE HELD AT FRI�LEY STATE BANK Mr. Qureshi, City Manager, stated he wished to advise the Council a 6ake sale would be held on May 13, 1977 at the Fridley State Bank by the Suzette Baton Twirling Corporation. If there is no ob�ection on the part of the Council, the license will be processed in the normal procedure. None of the Councilmembers voiced any objection to this bake sale. EXTERIQR LIGHTS - TEEN CENTER: Councilwoman Kukowski stated she had heard exterior lights at the Teen Center were being turned off in order ta conserve energy. She requested the City Manager to check into this and determine tf adm�nistration has the authority to leave these lights on or if it would be necessary for the Council to pass a resolution in this regard. AD�OURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Hamerntk, Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously and the Public Hearing Meeting of the Fridley City Counctl of May 9, 1977 ad�ourned at 9:20 p.m. Respectfully submitted, � / G��c�� �G`-G`�_.� Carole Haddad Secretary to the City Council Approved: �� ,�__�__�T��,.�� �� William J. Nee Mayor