Loading...
02/07/1983 - 00012671� 4 � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCTL OF FEBRUARY 7. 1984 The Regular Meeting of the Fridley City Council was called to order at 7:30 p, m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience zn the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Fitzpatriek, Councilman Hamernik, Councilman Sehneider and Councilman Barnette MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING OF JANUARY 24. 1984: MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by Councilman Schneider. iJpon a voice vote, all voting aye, Mayor Nee de�lared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Couneilman Fitzpatrick to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motxon carried unanimously. PROCLAMATION: � WORLD MARRIAGE DAY. FEBRUAAY 1�. 198�: � Mayor Nee stated he has received a request from David and Joan Lenzmeir to cooperate with others in the United States to proclaim February 13 as World Marriage Day, and further stated he has issued this proclamatlon for Fridley. OPEN FORUM. VISITORS: There was no response from the audience under this item of husiness. � COUNCIL MEETING OF FEBAUARY 7 198� PU$LIC HEARINGS: PA E vrTprrr ugARINC ON STREET rMPROVEMENT PROJECT ST 198�-1 (66TH AVENUE - CENTRAL AVENUE TO 90D FEET EAST): � RECEIVING COMMUNICATIDN FROM ANOKA PARKS AND RECREATION DEPARTMENT IN nRTFCTION TO ASSESSMENT• RECEIVING LETTER FROM MR SIMKO IN SUPPORT OF THIS IMPROVEMENT PROJECT• RECEIVING INFORMAL SURVEY FROM RESIDENTS ON 66TH: � MOTIDN by Couneilman Schneider to waive the reanin$ of the public hearing notice and open 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 opened at 7:35 p. m. Mr, Flora, Public Works Direetor, stated this street improvement pro�ect is for 66th Avenue between Old Central and the Rice Creek School property. Mr. Flora stated what is proposed is a normal res�dential street with bituminous street surfacing and concrete cur6 and gutter. Mr. Flora stated this street has deteriorated and several requests have been received to improve it. Mr. Inman, City Clerk, stated the estimated cost for this street improvement is $78,397, with an estimated front foot assessment of $�#5.53 per foot and an estimated side yard assessment of $3.17 per foot. Mr. Inman stated the south portion of the street would receive a front foot assessment and the north portion would receive both a front foot and side yard assessment. Councilman Schneider asked Mr. Inman to explain the City's policy regarding the side yard assessment. Mr. Inman stated it has been the City�s policy when the side yard faces a street that is improved, only ane-third of the side yard is assessed at � the front foot rate and the remainder is split half way down the street in order to treat everyone on a corner lot equally. Councilman Hamernik asked Mr. Flora if he felt the estimated cost for this pro,7ect would be fairly close to the actual bids received. Mr. Flora stated he really didn't know about this year's market yet, but felt costs may be low and that the advertisement for bids is scheduled early in order to get the best possible price. MoTION by Councilman Sehneider to receive the eommunication from �he Anoka County Parks and Recreation Department in objection to the as:essment. Seconded by Councilman Hamernik. Upon a voice vnte, all votang aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Sehneider to receive the letter From Mir, Edward Simko, 1327 66th Avenue, in support of this improvement. Seeonded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � .-�� W� ea&'i COUNCIL MEETING OF FEBRUARY 7 1484 P G� Mrs. Betty Mech, 1315 66th Avenue, presented an informal survey in which residents on the block were polled and showed that eight were against the improvement, four were in favor, and four were undecided. She stated, in speaking for the residents against this improvement, it is primarily because of the cost. She stated they didn�t feel the improvement was necessary as 66th is not a through street. Mrs. Meeh stated the residents like the street the way it is beeause it is wide enough for cars to park on both sides and, with the improvement, the street would be narrower. Mrs. Mech stated, when previous discussions were held regarding this improvement, the were told they wouZd be given the option of resurfacing the road, without curbing. MOTION by Couneilman Schneider to receive the informal survey from r•esidents on 66th Avenue regarding this improvement. Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mrs. Mary Ellen Bridgman, 1375 66th Avenue, pointed out that 6�th Avenue is also an inimproved street and residents on this street were not notified of any pending improvement. Mr. Qureshi, City Manager, stated 64th Avenue is an improved street and the only thing it doesn't have is the curbing. He stated the reason the curbing wasn't installed was because of a drainage problem. Mr. Oureshi stated 66th Avenue is the only 900' long swale street in the City and it does not have the proper mix for stabilization, He stated the City's rationale was that eventually everyone would have their street improved to City standards. He stated this street requires a high level of maintenance because it is not improved to these standards. Mrs. Bridgman stated she was very opposed to the improvement, as she would 6e assessed for 295 feet and the cost would be over $13,000, and this is her main ob�ection to the improvement. Mrs, Grace Larson, 1340 66th Avenue, stated she was surprised this street improvement was being brou$ht up at this particular point in time. She stated it is known that Rice Creek Sehool will be closed and felt the Council should wait for this improvement until they know what will happer, with the school. Mrs. Larson also pointed out that 66th is not centered and there should be a resurvey of the center line. � � � � rOUNCTL MEETING OF FEBRUARY 7 7983 PA 4 Mr. Qureshi stated it zs quite possible the road is not centered, as it was laid out without any design standards. He stated if the street is improved, it would be centered and designeo properly. Mrs. Larson stated the grade of the road doesn't match the�r driveways. Mr. Qureshi stated, with the improvement, there would be the proper grade to match up with the driveways. Couneilman Schneider asked how Mrs. Larson sees this improvement tied in with what happens to the school property. Mrs. Larson felt possibly aceess would be needed and 66th would have to be extended and additional sewer capacity may have to be provided. Couneilman Sehneider stated, unless some aetion is taken by the Council, basically, all the school property could be used for is single family residences. Mr. Myron Ostlund, 1400 66th Avenue, stated with the drainage and the way ihe road is now, he sometimes has difficulty getting into his driveway and indicated he was in favor of this improvement. Mr. George Peek, 6633 Central Avenue, stated he didn't see where he would benefit from this improvement, as his home faces Central Avenue. Mr. Qureshi, City Manager, stated Mr. Peek would only be assessed for the aide yard since his property doesn't front on 66th Avenue, and felt he would be benefitting from an improved nezghborhood. Mr. Roland Zacharias, 13$7 66th Avenue, asked if tliey were to proceed with the improvement what assurances they wauld have that the City wouldn't touoh the street in the next ten years. He stated his concern is with the possibility that the street would be extended. � Councilman Schneider felt, in all honesty, the Council couldn�t answer this question. He stated, however, it would take a very gersuasive argument to convince him to add additional traffic on the street. He pointed out, if it came to this question, hearings would be held so residents could have input. � Councilman Schneider stated, in any event, the residents on 66th wouldn't pay any additional costs, if the street were extended at a future date. Mayor Nee stated, if the Rice Creek School property was purchased for development, technically, a developer wou3d have the right of access to it. He stated if there was a rezoning requested, additional traffic could possibly result, and Chis would be the time for residents to voiee their coneerns. Mr. Zacharias stated he was one of the residents who was undecided about this improvement. Mayor Nee asked him to contact the City staff to make his feelings known when he had made a decision whether he was for or against this improvement pro�ect. c M �r�i ;fS ^i COUNCIL MEETING OF FEBRUARY 7 1984 PA Mr. Curt Losehy, 1399 66th Avenue, stated he was definitely in favor of the street improvement. He felt a cul-de-sac should be constructed and was a necessity. Mr. Loschy stated there is vehicle traffic driving onto the school property and deperding of the time of year, it is very heavy. Mr. Loschy stated the Rice Creek School property is a prime piece of property for residential development, and felt if 66th is not improved now, at some point in the future, someone will proba6ly develop the sehool property, as residential, and they would have to improve 66th at that time. Councilman Sehneider asked if property was available if the City wanted to put in a cul-de-sac. Mr. Flora stated the property is currently not avaxlable, but possibly the City could receive an easement. He stated what is proposed is an asphalt berm at the end of 66th Avenue. Councilman Barnette asked Mr. Inman to explain the options available for paying assessments. Mr. Inman stated the assessment may be spread over a 10 year period with an interest rate comparable to what the bond market is at the time. Mr. Inman stated he 6elieved the last assessments were at an interest rate of 9-1I2�. Mr. Inman stated the assessment could also be paid immediately, with no interest. Mr. Rureshi stated he believed it would be to the residents advantage to improve the street as soon as possible because of increasing costs. Mayor Nee stated the Council doesn't want to foree a street on anyone that doesn't want it, but if they feel the improvement is needed, this is probably a good time to proceed. Mr. Joe Menth, Jr., 1388 66th Avenue, asked what would happen if all the residents didn't agree to the improvement. He stated he knows that half of the residents don�t want the improvements. Mayor Nee stated, in the absence of a petition where more than 50� of the residents are in favor of an improvement, the Council can order it upon three affirmative votes. He stated 1f less than 50� of the residents are in favor, it would require four affirmative votes of the Council to order the improvement. Mr. Menth stated, in previous discussions, the possibility of improving the street, without curbs, was brought up and asked if that option is now open to them. � � �I COUNCIL P9EETING OF FEBRUARY 7 798� PA E Mayor Nee stated this wouldn't work with 66th Avenue as the street is below grade. Mr. Menth stated he was opposed to the improvement beeause of the eost and felt he didn't want to pay for a street improvement at this time. Mr. Inman stated he has estimated the prineipal payment per month over a ten year period based on Mr. Menth's assessment and it would be between $32 to $35 Per month. He stated Mr. Menth map contaet ham if he wishes to ebtain the exact figures. � Councilman Schneider stated no one on the Council is attempting to force this improvement on the residents, however, the street is deteriorating and the sentiment for improvement of the street has shifted considerably over the last several years. Couneilman Sehneider stated, in Mr. Simko's letter, he raises the fact that the condition of the street may have an affect on the market value of the homes because of its deterioration. Mrs. Larson requested the Council postpone this pro,7ect for another year in order to see what would be done with the P,ice Creek School property. Councilman Hamernik asked what would take place on the sehool property that would change the design or standards for 66th Avenue. Mr. Flora stated if the sehool wasn't there, this property would revert to residential land and if it is subdivided, there could be additional homes construeted on this pareel. He stated the type of street wouldn't change unless Chere would be a rezoning to commercial or industrial use. Mrs. Larson questioned if the street is extended, if this would extend the assessment so residents on 66th wouldn't have to pay as much. Mr. Flora stated the assessment is based on the front footage and even if an extension is made, it would have no affect on the cost to the present property owners on 66th. � Mrs. Larson asked if the xmprovement would make the road narrawer, I�r. Flora stated it is presently 39 feet wide with concrete curb and gutter. Mrs, Meeh asked if they couldn't reaeh a eompromise for ,7ust paving the street. Couneilman Schneider stated the problem is that the base oF the street isn't adequate and iF it is paved, it would still require yearly maintenance anyway. MOTION by Councilman Schneider to elose the public hearing. Seconded by Couneilman Barnette. Upon a voice vote, a11 voting aye, Mayor Nee declared the motion carried unanimously and the public hearing elosed at 8:40 p. m. � G� il�-� F {�1 COUNCIL MEETING OF FESR ARY 7� 1983 ��II ��r7 PUHLIC HEARING ON STREET IMPROVEMENT PROJECT ST 198� 4(OSBORNE ROAD SIDEWALK T. H. 65 TO CENTRAL AVENUE): AND RECEIVING LETTER FROM DAVID HARftIS IN OPPOSITION TO THE IMPROVEMENT MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the publc hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearir� opened at 8:40 p, m. Mr. Flora, Public Works Director, stated, in conjunetion with the County's improvement of Osborne Road, a sidewalk will be constructed on the south side of Osborne Road between Highway 65 and Old Central. Mr. Flora stated the cost for the sidewalk is estimated at $22,100 and assessed at an estimated front foot rate of $17,81. MOTION by Councilman Schneider to receive the letter from David Harris in opposition to this proposed improvement. Seconded by Councilman Hamernik. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Rureshi, City Manager, stated there will be a substantial improvement of the roadway between Highway 65 and Old Central, however, only the cost for the sidewalk will be assessed. He felt this would be an improvement for the properties abutting Osborne road, and they would benefit Prom it. Mr. Flayne Dahl owner of the Fridley Chiropractic Clinic asked if Federal and State fundin� was being used for the improvement. Mr. Qureshi stated there is funding from both of these governmental agencies whieh is the reason the cost is low to the pruperty owners, and less than 10$ oF the improvement as being assessed. Mr. Dahl stated he didn't want to go on record as bexng opposed to the improvement as he felt it would be a good asset. MOTION by Couneilman Fitzpatrick. Upon a voice Mayor Nee declared the motion carried unanimously closed at 8:50 p. m. OLD BUSINESS: vote, all voting aye, and the public hearing ORDINANCE NO 767 AMENDING SECTION � 07 OF THE CITY CHARTER OF THE CITY OF FRIDLEY: MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 767 and adopt it on the second reading and order publication. Seconded by Councilman Barnette. Qpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �� � �I �J � � � COUNCTL MEETING OF FEBRUARY 7 798� PA E CONSTDERATION OF CHANGES TO THE ORDINANCE AMENDING CHAPTER 205 ZONZNG (FTRST READING 12/6/84): Mayor Nee stated the Council has a memo dated February 2, 1983 from John Flora regarding items discussed at the January 31, 1983 conf'erence meeting. The Council was in agreement to ineorporate these items into the Zoning Code, with the exception of the item regarding sidewalk cleaning, Section 205.076-66, which should be deleted. The Council also reviewed information submitted on Mr. Paschke's industrxal properties regarding the percentage of lot coverage and a comparison of existing parking to the speculative criteriz of one parking space for every 450 square feet oF building. Mr. Flora stated the ratio of 1 to 450 allowed many of these buildings to be in compliance and yet it allows a figure the City is comfortable with to provide the desired amount of parking where buildings do not have a specifie use identiPied. Mr. Flora stated the way the existing code is written is that a developer does not have to construet the total number of parking spaces required, but has to at least reserve space in the event there is a ehange in the use and additional parking is needed. Mr. Qureshi, City Manager, stated staff is looking for some guiaance to determine what the ratio of parking to square footage should be when they have plans for speculative buildings and don�t definitely know what will be the use. Couneilman Fitzpatrick stated he felt the stafF's proposal for 1 Farking space for every 45D square feet of buildin� was good. Couneilman Hamernik stated he felt it was good to have something in the code to use as a basis for determining the parking, but was not totally convineed on the numbers used. Mayor Nee stated he would be in agreement with the staff's recommendation of a 1 to �}50 ratio. Councilman Schneider felt some figure is needed to determine what parking would be required, and if this figure proves difficult an future years, the ordinance could be changed. Councilman Barnette stated he is in agreement with the staff's recommendation of a 1 to 450 ratio. No action was taken regarding the items outlined in P9r. Flora's memo dated February 2, 7983, however, these ehanges were generally agreed upon, with the exception of the section regarding sidewalk eleaning whieh should be deleted. Fy M� �,1 Y � ,� COfINCIL MEETING OF FEBRUARY 7 1984 PAGE 9 CONSIDERATION OF ITEM FROM APPEALS CO[�II�7ISSION MEETING OF JANUAR 74 198� yARIANCES REOUESTED TO REDUCE PARKIN SETSACK RED CE PARKIN STA SI E AND REDUCE SIDE YARD SETBACK 280 MISSISSIPPI DAIRY OLiFFN BY DONAiD AND ERNEST FITCH: Mr. Flora, Public Works Director, stated variances have been requested by Mr. Fitch in order to grovide for a drive-thru window at the Dairy Queen at 280 Mississippi Street. He stated these variances are to reduce the parking setbacks from the required 5 feet to 0 feet along the west, south, and east sides of the property; to reduce the sideyard setback from the � required 30 feet to 1q feet; and to reduce the size of the parking atalls from 10 x 20 feet to 9 x 18 feet. Mr. Flora stated the petitioner is aware he is in the HRA tax increment district, however, he felt this drive-thru would inerease business enough in the next two years to pay for the investment. Mr. Flora stated the Appeals Commissaon has recommended approval of the variances, with the stipulation that a"Do Not Enter" sign be placed upon the driveway exit for the drive-thru. Mr. Flora stated no recommendation was made by the Commission regarding the elimination of parcel in place of concrete curbing. Mr. Rureshi, City Manager, stated staff would recommend approval of the variances, with the addition to provide for curbing, and a review of this variance in two years. Mr. Fitch, the petitioner, stated he wasn't opposed to coming back in two years, but if he invests in concrete bumpers and in two years, he has to invest in poured concrete, he could see this may be a problem. Mr. Fitch stated he would be in agreement to provide the landscaping in order to make the area look better, but would like to keep the costs down as long as this business is in the redevelopment area. Mr. Qureshi stated if concrete bumper block area a concern, he would � rather eliminate it on the service drive and when he comes back in two years, make a determination whether they want a different type of curbing. Councilman Sehneider stated he didn't think there was a problem of reviewing this in two years, but felt anything in that area has to be looked at from the standpoint of a temporary use. Mr. Fitch felt it was a good idea to provide bumper blocks to prevent people from backing onto the service drive, but poured concrete was a different question. MOTION by Couneilman Hamernik to grant the varianee to reduce the side yard from the required 30 feet to 14 feet; to review after two years, the reduction in the parking setback from the required 5 feet to 0 feet and to evaluate the size of the parking stalls which will be reduced from 10 x 2D feet to 9 x 18 feet; further, to allow the use of the bumper block curbing in place of poured concrete and to also be evaluated after two years. Seconded by Councilman Fitzpatriek. � COUNCIL MEETING OF FEBRUARY 7 1983 A E Mr. Fitch requested that the only issue, to be revzewed in two years, be the conerete curbing. He stated the variance on the parking setback is needed in order to provide for the drive-thru, and didn't want this to be brought up again in two years. Couneilman Hamernik asked if there was a problem on the west side of the property, how it would be addressed. Mr. Fztch stated he would be improving it from what now exists and not having people drive into his lot from the Rice Creek Plaza. � Mr. �ureshi, City Manager, stated his concern is, basically, on the concrete bumper blocks and parking on the east side of the building and the separation from Rice Creek Plaza on the west, COUNCILMAPI HAMERNIK WITHDREW HIS MOTION WITH PERMI5SION OF HIS SECONDER� COUNCILMAN FITZPATRICK. MOTION by Councilman Hamernik to concur with the recommendation of the Appeals Commission and grant the variance on the parking setback from the required 5 feet to 0 feet; to reduee the side yard setbaek from the required 30 feet to 14 feet; to allow reduction in the parking stalls from 10 x 20 feet to 9 x 18 feet; and to allow the use of concrete bumper curbing in place of poured concrete cur6ing on the west border of the property line with the stipulation that the type of barrier used on the west and traffic pattern on the east side be reviewed in two years. Seconded by Couneilman Fitzpatrick. Mr. Fitch asked when he had to put in the east bumpers. Couneilman Hamernik stated it was his intention in the motion that they are madatory on the west when the drive-thru is opened, however, he felt on the east it was a good idea for safety, but would be at Mr. Fitch's option to put them in. UPDN A VOICE VOTE TAKEN ON THE ASOVE MOTION, all voted aye, and Mayor Nee � declared the motion carried unanimously. CONSIDERATION OF ITEM FROM PARKS AND RECREATION COMMISSTON MEETING DF JANUARY 24 19 3 RECOMMENDATION THAT 198� DISEASED TREE PROGRAM BE REPEALED. SUT TO CONTINUE TO PROVIDE AN INSPECTOR: Mr. Qureshi, City Manager, stated the State has eliminated the mandatory removal of diseased trees and has stopped funding of the diseased tree removal program. Mr. Qureshi stated because of the fundang cutbacks, the Parks and Recreation Commission has recommended repealing the program, but to have an inspector on-call for inspections and to encourage voluntary participation in the removal of diseased trees. � �4 � ��� n -, � ���� COUNCIL MEETING OF FEBR ARY 7 1983 PAGE 11 Councilman Schneider asked if neighboring communities have eliminated this program, as it probably wouldn't benefit Fridley to hav� the grogram if these other communities were not participating. Mayor Nee stated he would also like to hear comments from the Naturalist regarding his opinion on this matter. Mr. Qureshi stated the staff would obtain further information and present it at the next regular meeting. MOTION by Councilman Fitzpatirick to table this item to the next regular � meeting on February 28, 1983. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 15-198� IMPOSING LOAD LIMITS ON PUBLIC STREET AND Hrr.trWAYS IN THE CITY OF FRIDLEY. MINNESOTA: MOTION by Councilman Schneider to adopt Resolution No. 15-1983. Seconded by Couneilman Sarnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 16-198� ORDERING PRELIMINARY PLANS. SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: STREET IMPROVEMENT PROJECT ST. 1983-2: MOTION by Councilman Barnette to adopt Resolution No. 16-1983• Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 17-1983 RECEIVING THE PRELIMINARY REPORT ON THE MATTER OF CONSTRUCTION DF CERTAIN IMPROVEMENTS• STREET IMPROVEMENT PROJECT ST 1983-2: MOTION by Councilman Hamernik to adopt Resolution No. 17-1983• Seconded by Couneilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � LICENSES• MOTION by Couneilman Fitzpatrick to approve the licenses as submitted and as on file in the License Clerk�s Office. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Barnette to authorize payment of Claims No. 019516 through 035Z03• Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � COUNCIL MEETING OF FEBRUARY 7. 198� ADJOURNMENT: PAGE 12 MOTION by Couneilman Barnette to ad,7ourn the meeting. Seconded by Councilman Fitzpatrick. Upon a aoice vote, a11 voting aye, Mayor Nee deelared the motzon carried unanimously and the Regular Meeting of the Fridley City Council of February 7, 1983 ad,7aurned at 10:05 p. m. Respectfully submitted, � ' l.'L'�' (-L` l..L- ! 'i " Y`rD `�G�VVf Carole Haddad Secretary to the City Couneil Approved: Februarv 28. 1983 � �J V " v""� ��� Wi11x�J. Nee Niayor `� �