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07/14/1980 - 00013494� �(r , � THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 1980 The Public Hearing Meet�ng of the Fridley C�ty Council was called to order at 7:32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL� MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider Councilwoman Moses and Councilman Fitzpatrtck MEMBERS ABSENT; None ADOPTION OF AGENDA: The following item was added: "Cons�deration of a Resolution to the Metropolitan Council Re Later Public Hearing �ate on Comprehensive P7an Amendment Gu�delines." MOTION hy Counc�lman Schneider to a^n�t the agenda with the above addit�on. Seconded by Councilwoman f��oses. Upon a vo�ce vote, all voting aye, Mayor Nee declared Lhe rnot�on carr�ed unanimously PUBLIC HEARINGS. PUBLIC HEARINGS - APPEALS COMMISSIOPJ P1EETING OF JUNE 24, 1980 PUBLIC HEARING ON REQUEST FOR VARIANCES TO REDUCE SI�EYARD SETBACKS, E Mayor• Nee stated the Appeals C��rrnm �sion has recommended approval of the variances, however, because of ir,cnrrect notice regarding the hearina, it was requested the Coimcil also consider these variances. Mayor Nee opened the publ�c hearing at 7:33 p.m. Mr. Flora, Public Works Director, stated vartances are requested in order to permit construction of a new dwelling Lot 7, Block 2, Hillcrest Addition at 7115 East River Roaa. iY;e variances requested are as follows: (1) to reduce the stdeyard setback from the required 10 feet to 8 feet, (2) to reduce the other sideyard setback from 13 to 10 feet, (3) to reduce the nnnumum yross floor area frou� tne required 768 square feet to 746.67 square feet, and (4) to temporarily waive the garage requirement. No persons �n the audience spoke regarding the requests for variances MOTION by Councilman Schnetder to close the public hearing. Seconded by Councilman Barnette. Upon a voicc voLe, all voting aye, Mayor Nee declared the motion carried un�rtmousl,�. MOTION by Councilman F�tzpatrick to concur w�th the recommendat�on of , the Appeals Commiss�on and grant the var�ances to reduce the sideyard setbacks from 10 to 8 feet on one side and `rom 13 to 10 feet on the other side; to reduce the floor plan from the required 768 square feet to 746.67 square feet, and to temporarily postpone the butlding of a garage unttl August or September, l��'?. Seconded by Councilman Schneider. � i�.' PUBLIC HEARING MEETING GF JULY 14, 1980 PAGE 2 Councilman Schneider questioned the stipulation about the garage beirig constructed in two years and how this would be enforced INr. Herrick, City Attorney, stated he had the same thoughts and the C�ty may be facing an enforcement problem, if the situation arises. Mr. Torgrimson, the applicant, stated there will be a dr�veway and partial blacktop. UPON A VOICE VOTE TAKEN ON THE ABOVE P1�JTION, all voted aye, and Mayor Nee declared the motion carried una m mously. Note: Please see a mot�on which adds to this motion, as shown in the next �tem tn the minutes. PUBLIC HEARING ON REQUEST FOR 1/ARIANCES TO REDUCE FLOOR AREA 0 vJAIVE GARAGE REQUI,�EMf�dT T_D,ALLOW.CONSTRUCTION OF NEW r„�r ��nn rnc-r nnirn nnnn rnnnn^i nnrnr . Mayor Nee opened the public heartng at 7:44 p.m. Mr. Flora, Public Works Director, scated this �s a request for a var�ance to reduce the minimum gross floor area of a single fam�ly dwell�ng from the required 1,02G square feet to 884 square feet and to waive the garage requ�rement to allow construction of a new dwelling on Lot 8, Block 2, Hillcrest Addition, 7109 East Rtver Road Mr. Flora stated the Appeals Commission has recommended approval of the variance to reduce the squure iooi,��ge and to temporarily waive the requirement for a garage wh�ch is not to be built until September, 1982. Mr. Qureshi, City Manager, poir;t,ea ou� there would be a common driveway for the properties at 7109 and 7115 r��st River Road. Mr. Flora stated the front setback for Lot 7, Mr. Torgrimson's property, is 47 feet and for Lot 8, Mr. f�1ire's property, 41 feet. He pointed out the sethacks vary due to the curv� in the road. Mr Qureshi stated he would recommend that the driveway be paved up to 20 feet of the property east of �",c t�est ltne of the house so there is at least one parking space on the s�de of the house of each property Mr. Quresh� stated on Lot S an easement should be g�ven to the City for drainage. hir. f�iunn stated this small trian�uiar piece of property is owned by him, and is not part of Mr. Mire's lot, but he would give the necessary easement. No other persons in the audience spoke regarding the variance request. MOTION by Councilman Fitzpatr�ck w close the public hearing. Seconded by Counc�lman Barnette. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried una m mously and the public hearing closed at 7•52 p.m Councilman Fitzpatrick stated he has no ob,7ection to making a stipulation regard�ng a certa�n portion to be paved. He pointed out Mr. Torgrimson's plans did include some paving ana asked Mr. Mire is he had any plans for any paving at this time. � , ' � ��c� PUBLIC HEARING MEETING OF JULY 1�, 19�0 PAGE 3 Mr. Mire stated he did not have any plans, at this point, as it wasn't required for his mortgage. Mr. Torgr�mson stated the paving requirement is part of the FHA specifi cations for his mortgage. Mr. Qureshi stated the Ctty Code does require a garage and paved driveway and felt, tf the garage requirement is waived for two years, � there should be a requirement for a paved area for parking until the driveway is extended to the garage and the garage constructed. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Comm�ssion and grant the vartance to reduce the floor area from the requ�red 1,020 square feet to 884 square feet and to tempo- rarily waive the requiNement for a garage unt�l Septem6er, 1982, but with the stipulation there be a paved portion of the driveway extending 20 feet beyond the front setback of the house. Seconded by Councilman Schneider. Councilwoman Moses votced concern on whether Mr. Torgrimson and Mr. Mire were aware of the requirement for paving, and if they would have the funds from their loan to cover this cost Mr. Torgrimson stated FHA requires only a partial driveway or a path for parking. He stated he went over hts plans with the City Planner and this item wasn't brought to his attention. He stated the driveway issue was never discussed, however, he felt it was his responsibil�ty to find out what was required and he will have to deal with this require- ment, The requirement for paping would not keep him from moving into the house. Mr. Mire stated this requirement for the paving would not present a problem with him. � Counci1man Barnette questioned whai; the cost would 6e for the paving. Mr. h1unn stated he would estimate the cost to be about $500 Mr. Herrick, City Attorney, felt t�ie aNplicants should 6e familiar with what is required in the City Code. He stated the Appeals Com- mission apparently feels there are hardships involved, but this hasn't been d7scussed. He pointed out this type of variance should be handled very carefully because it does set a precedent He stated standards have been adopted, however, if the Commission and Council feel they are too strict> then they should be amended. Mr. Herrick stated he was concerned with the variance 6eing granted with the understanding that, �n two years, the garage would be con- structed, stnce there may be a problem of enforcement. He stated reference was made to the fact that the reason these variance requests by Mr. Torgrimson and Mr. P1ire are before the Council was because adequate notice wasn't sent out. He asked if ad,7acent property own- ers were notifted of the variance requests Mr. Flora stated they were notified, however, notices to persons within the 500 foot radius went to the wrong addresses. Mr. Herrick felt, if the requirement for pavin9 was to 6e waived, � proper notice should be given to the ad�acent property owners since this question was not addressed at the Appeals Commission meeting. UPON A VOICE VOTE TAKEN ON THE AB011E MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. MOTIDN by Councilman Fitzpatrick that on Lot 7, Mr Torgr�mson's property, the paved driveway may be siinply 20 feet beyond the front setback of the house. Seconded l,y Councilwoman Moses i �Y �� PUBLIC HEARING MEETING OF JULY 14, 1980 PAGE 4 Mr. Qureshi pointed out the paved drtves on Lots 7 and 8 should be aligned and since Mr. Torqrimson's property has a greater front set- back, 26 feet would have to be paved. Counc�lwoman Moses withdrew her second and Counc�lman Fitzpatr�ck withdrew his motion. MOTION by Councilman Fitzpatr�ck that on Lot 7, Mr. Torgrimson's property, the paved portion of the driveway should extend 26 feet beyond the front set6ack in order to align it with Lot 8. Seconded by Councilwoman N1oses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi stated he understands they f�ave an agreement with Mr. Munn to give them an easement on the trian,ular prece of property for drainange purposes. ADMINISTRATIVE PUBLIC HEARING ON EXPENDITURES OF REVENUE SHARING Mayor Nee opened this heartng at 8:22 p.m. Mr. Qureshi, City Manager, stated the expected funds to be received from revenue sharing for 1981 are $245,000. Mr. Qureshi reviewed the amounts to be appropriated in the various areas of Legislative, City Management, Police, Fire, arc� Parks and Recreation. Councilwoman Moses asked what amount was received last year from revenue sharing funds: f+lr. Brunsell, City Clerk, stated about $230,000. Councilwoman Moses questioned �f Che State received any revenue sharing funds or if this was �ust g�ven to cities Mr. Brunsell stated, he understaiids, the State probably will be cut from this program, but didn't know if this was for certain. No persons spoke regarding expenditures from the revenue sharing fund for 1981. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Cflur�cilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. NEW BUSItdESS: RECEIVING BIDS AND AWARDING CO�JTRA�T fOR STREET IMPORVEMENT PROJECT ST. 19II0-2. Mr. Flora, Public Works ��rector, stated 6�ds were received for the street pro,7ect along 81st Avenue and H�ckory Street. The low 6idder was ��.G.H., Inc. of Anoka, with a b�d of $167,930, and it is recommended this bid be accepted. MOTION by Counc�lman Barnette to receive the bids for Street Improvement Pro,7ect ST. 1980-2. CITY OF FRIDLEY, MINNESOTA STREET IMPROVEMENT PROJECT ST. 1980-2 Bid Opening July 8, 1980 PLANHOLDER N.D.H., Inc. 700 Industry Avenue N.W. Anoka, MN 55303 427-4900 (11 30 a.m.l BID DEPOSIT Fireman's fund 5% BASE BID $167,930.00 , LJ ' riii�„ � � PUBLIC HEARING MEETING OF JULY 14, 1980 BIDS FOR STREET IMPORVEMENT PRD�ECT (Con't) Forest Lake Contracting, Inc. 14777 Lake �rive Forest Lake, MN 55025 464-4500 Juliari N. Johnson Constr 10610 Nassau Street N.E. Blaine, MN 55434 Lino Contract�ng 6474 - ?Oth Avenue So. Hugo, hlfv 55038 429-7081 Thomas & Son Contr., Inc. 419 - 3rd Street S E. Dsseo, hiN 55369 425-7797 Hardrives, Inc. Box 519-St. Cloud, MN 56301 or 3U30 Harbor Ln-hipls 55411 559-3141 C.S. f�icCrossan, Inc. Box A� Osseo, MN 55369 425-4167 Sc. Paul 5% Capitol Indem. Corp. 5% Ar�erican Druggist Ins. Co. 5°0 Universal Surety 5°� Luinberman's Mut. 5i Fireman's Fund 5% PAGE 5 $178,170.00 $179,355.50 �189,410.00 $197,814.50 $197,987.50 $201,735 00 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor fVee declared the motion carried unam mously MOTION by Councilwoman Moses to a�vard the contract for Street Improvement Pro�ect ST. 1980-2 to the low bidder, Pl.D H., Inc. of Anoka. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CONSipERA710N OF CHANGE OR�ER N0. 1 FOR SEWER AND WATER PROJECT N0. 130: Mr. Flora, Public Works Director, stated th�s change order would add water and sewer services along Hickory Street from 81st Avenue north 550 feet MOTION by Counc�lwoman Moses to annrmie Change Order No. 1 to Sewer and Water Improvement Pro,7ect fVo. 130 with American Contracting Cor- porat�on in the amount of �23,499.30. Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. IDERATION OF CHANGE ORDER N0. 1 FOR STREET IMPROVEMENT PROJECT S �n crni rnnTrnir Mr. Flora, Publtc Works �irector, requested the Council cons�der th�s change order to the sealcoating contract with G& L Sealcoating Company ' fo Anoka to include Hugo Street (Riverview Terrace to Broad Avenue)• Mr. Flora stated, with thts change order, they will attempt to evaluate — the success of preliminary repairs and the comparison of buckshot agg- regate and traprock on Hugo and Ely Streets, as compared to Ironton and Dover Streets. i'_�)`,� PUBLIC HEARIPJG MEETING OF JULY 14, 1980 PAGE 6 Mr. Flora stated staff has also been checking into a slurry treatment for Glencoe Street and East Service Arive along Uni�ersity Avenue from 61 to Mississippi Street. Mr. Flora felt, if such a treatment is used, it would enable staff to evaluate �ts penetration, bonding and dura- bility characteristics in comparison to the sealcoating. He stated, it is hoped, with these several methods used, it can be determined what would be the best program for mainta�ning the streets in Fr�dley. P10TION by Councilman Fitzpatrick to approve Change Order No. 1 to Street Improvement Pro,7ect ST. 1980-10 with G& L Sealcoating in the amount of $1,286.90 for Hugo and Ely Streets. Seconded by Council- woman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously Councilman Schneider questioned the results of the scarification procedure used by the City. Mr. Flora stated he would include the findings of the procedure in the revie�,� process. 0 TO SUBMIT APPLICATION FOR EPJERGY AWAR Mr. Flora, Public Works Director, stated the League of Minnesota Cittes has initiated a program of award�ng cash prizes to cities for an Energy Conservation Program Design and Ir�plementation. He stated �t is felt the City may be eligible for such an award and an application is sub- mitted for the Council's consideration for presentation to the League. Councilman Fitzpatrick felt this was a fine application, however, on Page 7M, under 06,7ective 4, he felt this should state "Pu61ic Schools in Fr�dley" rather than "Fridley Public School System" because of the num6er of school d�stricts in the City. Councilman Fitzpatrick stated he would be interested in seeing the list of key persons to contact at the elementary, secondary and communtty educa�ions levels of the schooi sys�eui MOTION by Councilman F�tzpatrick to adopt Resolution No. 68-1q80 . Seconded by Counctlman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 69- C SSI Mr. Brunsell, City Clerk, stated the County is considering the purchase of a computer�zed tax package for its appraisal and tax collection functions. Mr Brunsell felt the appraisal �raa ���ould be of interest to the City since staff works closely with the County in this area. � MOTION by Councilman Schneider to adopt Resolution No Seconded by Councilman Barnette. Upon a voice vote, Mayor Nee declared the motion carrted unam mously. CLAIMS: . F9-19R� . all voting aye, MOTION by Counctlman Fitzpatrick to authorize payment of Claims No. 171F33 through 191X01 Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee dPClarPd the motion carried una m mously L ! � ' i �) : PUBLIC HEARING MEETING OF JULY 14, 1980 PUBLIC H PAGE 7 ITAN COUNCIL REGARDING A Councilman Schneider stated a question arose regarding amendments to a city's Comprehensive Plan and it was noted that amendments require the same procedure as the adoption of the Comprehensive Plan. Councilman Schneider pointed nut, therefore, �t would be anywhere from � six months to a year to have a rezon�ng that doesn't comform with the Comprehensive Plan, since it would have to go through the amendment procedure. *** He stated cooies of thts proposal have been sent to various cities and a publ�c hearina is being held on July 31, 1980. L� � Counc�lman Schnelder stated the purpose of this resolution �s to request the Metropolitan Council to hold another public hearing, at least 30 days after the July 31 hearing, in order to give communities time to comment. He felt Fridley should take a close look at this since there are areas which woul�+ �ffect the City. MOTION by Councilman Schne�der to adopt Resolution No Seconded by Councilman Barnette. Upon a voice vote, Mayor Nee declared the motion carried unanimously. PAVED DRIVEWAYS: , �n_19Rf1. all voting aye, Mayor Nee felt the Council shoulcl discuss the matter of paved driveways and the approach to enforcement of the requirement. Mr. Qureshi, City Mana9er, stated, when this ordinance was adopted in 1969 requiring the paving of driveways, a6out one-fourth of the homes didn't have them. He stated, presently, there are only a small number of homes that do not have paved driveurays. He stated there are some rental properties and duplexes that don't meet this requirement, and staff could be more forceful in enforcement, if the Coun,c�l so desired. MOTION by Councilman Schne�der to d�rect the admintstration to be more forceful in the enforcement of hard surfaced driveways with respect to duplexes and rental properties. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, hia�ur ivee declared the motion carried unammously. AD�Ol1RNMENT: MOTIOIV 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 unarimously and the Public Hearing Meeting of the Fridley City Council of July l�l, 1980 ad,7ourned at 9:07 p m. Respectfully submitted, , � � � + y ��� �J r 'C. �j� � r �Ci.C.P'"u-- ��'v'�' L Lv� - Carole Haddad Will�am J. ee Secy. to the City Council Mayor ��� � •� ..� *** Corrected at Regular Council meeting on July 21.