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04/12/1976 - 00014849� r„ THE MINUTES OF THE PUBLIC HEARING MEETING OF THC FRIDLEY CITY COUNCIL OF APRIL 12, 1976 The public hear�ng was called to order by Playor Nee at 7:34 P M on Apr�l 12, 1976 PLEDGE OF ALLEGIANCE Mayor Nee welcomed the audience and invited them to ,7oin with the Council in the Pledae of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGEPIDA� Councilwoman Kukowski, Counc�lman Starwalt, Councilman Hamernik, Mayor Nee and Councilman Fitzpatrick None MOTION by Councilman Starwalt to adopt the agenda as presented Seconded by Councilwoman Kukowskt Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously Mayor Nee stated that the Council has a very lenqthy aqenda and that causes a problem in a public hearing because some people feel we ouqht to move more qu�ckly than we do, and the Council feels that we want to give everyone a chance to be heard and to express any questions, beliefs, or convictions that they have P�a,yor Nee said that these are important questions for the neighborhood, and the Council wants everyone to have a chance to put their comments into the record PUBLIC HEARINGS. PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR STREET IMPROUEMENT PROJECTS ST 1975-1 AND ST. 1975-2 � The Public Works Director stated he had a couple of aeneral comments to make. The overall costs came in below the preliminara assessments. The final construction costs are �a14 40 per lineal foot on a normal resident�al street. Any additions associated with State Aid Streets have 6een picked up by the State Aid Fund, and the residents whose property abuts a wider street do not pay for the total width of that street; ,7ust the normal street, the 36-foot width back-to-back street � Further, the improvements have been completed, and the City has accepted the streets upon whtch there is a one year's maintenance bond to insure that the streets have been constructed to Ctty standards. The side yard assessments are $2 90 per foot Considerable d�scusston ensued concerning side-yard assessments, explanation of the assessment formula, and other matters related to the assessment. The Council, the audience, and property owners had questions asked and answered by the Council and the Fridley City Staff Members The City Assessor explained and answered many questions that were posed by the audience. Nancy Thomas, 851 West Moore Lake Drive, took issue w�th her assessment rate Mayor Nee said that if she desired to make a formal challenqe to it she should do so for the record. Nancy Thomas then said that for the record she did challen�e the assessment Jerome Olson, 4740 Madison Northeast, said that he had a double assessment MOTION by Councilman Starwalt that the hearinq on the portion of the pro,7ect �ertain�na to Donnay Additton be conttnued until next week. Seconded by Councilwoman Kukowsk� Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously William Kell, Jackson Street Northeast, questioned the curbing structures in that no retnforcements (steel) w�re used The Public Works Director expla�ned that the practice has been discontinued because they have increased the amount of concrete in the drtveway sect�ons Instead of four inches of concrete there �s now six �nches of concrete, 6ut that the Department would check the matter out on the depth of the concrete A citizen at 5675 Quir�cy Street also mentioned a driveway problem Another persor, at 725 Bennet �rive said that his driveway YJdS peeling, and the slab that the C�ty took out was in good condition. Donald Milke said he had a driveway that was too steep; the tail p�pe of his car draqqed onto the street when he came down his driveway. The C�ty qoofed, he said, in that h�s �PiA PUBLIC HEARING MEETING OF APRIL 12, 1976 driveway is steeper than it was before the City replaced it it had before". PAGE 2 It has "twice the slant Gerald Adams on Monroe Street stated that he had a problem that was similar to Donald Milke's situat�on. In quick order, several other citizens stated that they now had problems wtth their driveways The problems ranged from peeling to washing away (The City will check these out ) The next section to be discussed was the 61st Avenue, Rice Creek Drive, Woodside Court,� etc., area There being no comments, the Publtc Works Director stated that in the Great Northern Industrial plat, the front yard rate was $14 26 per foot, and the side-yard assessments were $1 20 per foot. MOTION by Councilman F�tzpatrick to close the Public Hearing except for the portion tYiat was previously ta6led Seconded by Councilwoman Kukowsk� Uoon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously PUBLIC HEARING ON FINAL ASSESSMENT ROLL FOR WATER, Tnnnnnvrnnrnrr nnn irrr nin � i� ARY SEWER AND STORM SEWER Mayor Nee asked if there was anyone present from the area affected. There was no response. The Public Works D�rector stated that the development was a new one, and the storm sewer was constructed as the result of an agreement with the developer, and all credits have been gtven for previous storm sewer assessments aqainst the property. The ftnal construct�on costs came in under the preliminary estimates. The Ctty Clerk said that the assessment roll was prepared on the basis that previous assessments placed on the property were taken into consideration in arriving at the �8 60 figure This gives the gross rate, and this is spread over the property and � the previous assessment is subtracted You don't necessartly end up with a untform rate throughout the pro,7ect Mayor Nee asked if there were any comments or questions on this matter; there was no response. MOTION by Councilman Starwalt that the Public Hearing be closed. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. PUBLIC HEARING ON FINAL PLAT SUBDIVISION P. S. #76-01, INNSBRUCK NORTH TOWNHOUSE IV AND V ADDITION. 6Y DARREL A. FARR DEVELOPMENT CORPORATION, BEING A REPLAT OF OUTLOT H CONSIDERATION OF TOWNHOUSE DEVELOPMENT OF 100 UNITS, T-#76-01. BY DARREL A. FARR The reading was waived The Public Works Director said that the Plam m �g Commission held the Publ�c Hearing the matter was cont�nued The discussions ranqed over a couple of ineettnqs on this particular proposal, and on March 17, 1976, they recommended to the Counc�l the approval of the plat with some stipulations The basic stipulations were worked out w�th the developer. These concerned questions that the property owners and the Planning Commission had about the proposed development. and St�pulations were made (1) To provide easement for a public trail ad�acent to the ne�ghborhood park This ts to assure public access around the park area that is presently dedtcated. (2) Plans specifications are to be su6mitted to the City for approval (3) Off-street parking of 4 25 stalls on the fronting 24 foot streets. (4) The corporatton will provide some legal documents which wtll notify the purchasers that for townhouses there are no noise a6atement structures. (5) Other stlpulations concerned trail development and light�ng, a tenm s court, and a tot lot. The Ci�y will require the standard performance bond, and the City and the development corporation will work out an agreement for a solution to the extension of North Innsbruck �rive from the City limits of Fridley to the Silver Lake Road � PUBLIC HEARING MEETING OF APRIL 12, 1976 FAGE 3 A recommendation will come up in the next item, the Innsbruck Villaqe Plat reqardinq maintenance of North Innsbruck �r�ve The City could help Mr Farr maintain the road. He will provide all surface treat- ment of the street unt�l completion of the two developments One of the problems was the plowinq in the winter time. Our City maintenance people could help plow, and the developer has agreed to reimburse the C�ty on an annual basis. � The Public Works Director said there was an additional item It was not a spec�fic stipulation, but it was a concern. The City wanted to add a st�pulat�on that the North Innsbruck Park dedication be provided for prior to a buildinq permtt beinq issued Mayor Nee asked for comments from the public, and Al Nesser, of Danube Drive, said that the Innsbruck Dr�ve is close to the designed capac�ty, and he ob�ects to the combining of the North Innsbruck Road extension to S�lver Lake Road The Pu61tc Works Director said that he was aware of the problem, but the City doesn't want to make tmprovements on a temporary situation The proposal before us is a reduction in the density that was previously approved The City has a traffic study from a consu7tant engineer which indicates that once the road is improved to the Silver Lake Road there will be no problem The department has been workinq with the residents and the Director to answer questions and problems of the area residents. Unfortunately, we must live with a temporary situation The City hates to beq�n with improvements when in a year or two there might be a different alignment Mr. Farr stated that he had worked out an agreeinent �vhereby the corporat�on would maintain the road. We promised at the March 17th meeting to patch the road, and we patched it tw�ce and it is in reasonable condition If there is some situation that we can work out w�th the City and have it charqed 6ack, that is no problem. Whatever kind of a quarantee, we are willing to perform ' The City P4anager said that the concern shown 6y the property owners �s valid There is a problem near the intersection. The roadway should be widened, at least the outgo�nq lane, to more than one lane. The City could require a bond which will provide for the number of years for which he would pay the maintenance costs to the City. We can maintain it, patch it, and snowplow it, better than he can; as we are better equipped. The City needs to work out the details with the developer so this development has a good, passable road to Silver Lake Road, and has a better intersectton to the road. This could be in the form of a minimum guarantee that we could give to the neiqhborhood, and in turn the City would want some kind of money for it Mayor Nee asked Mr. Farr if that was agreeable in principle, and P1r Farr said yes The Mayor further stated that if the Ctty can make an accommod�ion on the road, �t would be less than what some of the citizens are askinq for It would be a reasonabl,y sattsfactory solution that would be aimed for, not an �deal one Mr. Farr remarked that, to put it mildly, everyone knows that with the depression that has 6een going on in the housing industry in the last two years, he was probably $50 from tnvoking Chapter 11 He �ust about lost all the money that he had The Public Works Director stated that at the end of the pro�ect we would have the New Brighton area to tmprove We do not know how far into the future we can mandate that the developer maintain that roadway. The recommendation from the Plam m �q � Commission was the last townhouse. The City Manager said that any agreement that we may have with Mr Farr we hope will be binding on htm or anybody else who owns the property MOTION by Councilman Starwalt to close the Public Hearing Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hear�ng closed at 9:45 P M. PUBLIC HEARING MEETING OF APRIL 12, 1976 PUBLIC HEARING ON FINAL PLAT SUB�IVISION P. INNSBRUCK VILLAGE, BY PAGE a NORTH CONSIDERATION OF TOWNHOUSE DEVELOPMENT OF 1D0 �NITS, T#76-02, BY DARREL A. FARR DEVELOPMENT CORPORATION, FOR INNSBRUCK VILLAGE RECEIVING PETITION �6-1976 -- TO CONDITION ACCEPTA s APPROVAL OF PROPOSE� PRELIMI 24 MOTION by Councilman Hamern�k that the readinq 6e waived Seconded by Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unammously. The Publ�c Works Director said thts was a townhouse pro,7ect by Darrel Farr to construct townhouses to be located North of Innsbruck Drtve, and North of the previously dtscussed townhouse develapment This has been previously approved for 251 units, but what is proposed here toniqht is the construction and development of 100 townhouse untts The plat that is being proposed tonight is somewhat different than the previous proposal in that it is requested that a public roadway be constructed throuqh the center of the proposed development. Again, the Planning Commission has held public hearings on the proposal, and in this case there were three different meetinqs together with meetinqs on the sub-committee level to get some input into the proposal. The Planntng Commission recommended at their Apr�l 7, 1976, meeting the approval of the proposed plat with a num6er of stipulations which are listed in the Aqenda. This is from the unoff�cial Plam m �g Commission minutes as supplied with the Aqenda. A few citizens then said that they were not notified of that last Planning Commission Meeting They would have been there if they had known about tt. The Public Works Director stated that once the official notice of the March 3, 1976, meet�ng had been published �n the paper a notice would not be ma�led out for any cont�nuation of that meeting The Ctty Manager stated that the Planning Commission only recommends to the City Counctl, and if there �s any input that one dtdn't get in to the Planning Commission; th�s is an opportune time to get it tnto the record if the Council feels that they haven't enough information; the Council can, and does, have the prerogative of con- tinuing the meeting to the next regular meeting If there was somethinq you didn't get �nto the Planning Commission, now would be a proper time to qet your comments to the Council. � In response to a citizen's question, the mayor said that the petition hdd been rece�ved by the Planning Commission and there had been discussion on �t dnd that Chalrman Harrls had read the petition. Mayor Nee asked that the recommendations be put into the record: "That the City of Fridley in constderation of �ts tax paying res�dents,estab- l�sh standards of year-round maintenance for the North Innsbruck Drive Extension (that section of black top road 6eginning at the Black Forest ApdY'tments, and running East to Silver Lake Road), and that sa�d developer (Darrel A Fart^ Development Corporation) shall file a suitable performance bond wlth the City of Fridley, which shall be renewed annua1ly, and shall be adequate to properly maintain said road through complet�on of construction activities in the Innsbruck North Addition." II "7hat ihe City of Fridley disallow waiving the City Setback Ordinance in the above referenced area on the grounds that it wou1d be discrlminatory; that it would create an unsafe condition due to a mim mum of two 61tnd spots on the proposed City Maintained Road connecting North Innsbruck Drive to Authur Street, � PUBLIC HEARING MEETING DF APRIL 12, 1976 � N� PAGE 5 that due to the narrowness of this City Maintained Road, and in view of assumed parallel parking on both sides of this road, �t wtll prove to be a ma�or h�nderance to Fire and/or Poltce emergency vehicles access; and as a result of garage/dwellinq structures close approximation to the road itself, prove to seriously inhibit adequate snow plowing of road surfaces, short of truck removal from the immediate area, at City expense." � III. "That the City of Fridley obtain from the Darrel A Farr Development Corporation an official and acceptable understandinq as to quad-townhouse homeowners financial responsibilit�es for matntaining all non-City Maintained Roads in the above referenced area, as well as the upkeep of townhouse exteriors and common qrounds ' The Public Works Director stated that at the April 7, 1976, meetinq the Plamm �q Commission dtd recommend to the Council the approval of the plat with a number of stipulations, ard that he will go through them Plans specifications for streets and utilities are to 6e submitted to the City for approval. 2. The developer deed to the City the Innsbruck North Park before any plat approval or building permits are issued 3. The part of Lot 49, except the Westerly 210', the Auditor's Subdivision No 92 that wasn't part of the plat be dedicated to the City as this was ad�acent to Innsbruck North Park. 4. The tennis courts will be built by the developer on public park property, the location to be decided by the City wtth the completton of 20 townhouses in Innsbruck Village. 5. The road design on West Bavarian Pass must meet with C�ty approval � 6. This was a negotiated item with the developer The City would want a 36 foot wtdth street, parking on both sides and with proper access There was some concern expressed at the Planning Commission, and wtth the Environmental Quality Commis- ion, regarding the green space ad�acent to the proposed roadway A thouqht that came up was perhaps it could be done with the reduction in the street width, but we wanted to tnsure the proper vtsibility along the area, that we would not qet into a sttuation where we would have parking on both sides and con4est the area, and we arrived at a 31 foot width street with no parking on the inside lane. 7. The min�mum setback for any garage on West Bavarian Pass shall be five feet, with one garage being approximately ten feet from the property line so that a 200 foot sight distance ts maintained on the curb. 8. An addittonal stipulation concerned the pedestrians in the area as it relates to North Innsbruck, and that is that the developer agrees to provide a seven-foot foot path parallel to the existing extension. The petition that was received at the Plam m �q Commission, outlining the basic concerns of the residents in the single fam�ly area and in the townhouse area that siqned the petitton, ment�oned three areas of concern. (1) They wanted some assurance that the North Innsbruck Drive extension would be maintained (2) A second area was that the City should disallow the waiving of the Ctty setback ordinance The narrowness of the pu6lic roadway then would create hindrances to emergency vehicles, snow plowinq, and 61ind spots. This, I believe has been worked out, with a 31 foot roadway, no � parktng on the West side, and ihe set6ack stipulation (3) The third potnt was to obtatn from the Farr Development Corporation an understanding as to the townhouse owner's responsibility for maintaining the non-c�ty roads and the maintenance of townhouse exteriors and common grounds The Public Works Director said that if there are any addtt�onal comments that now is the time to make them MOTION by Councilman Starwalt to receive Pettt�on �6-1976 Seconded by Councilwoman Kukowsk�. Upon a votce vote, all voting aye, Mayor Nee declared the motion carrted unanimously. The City Manager expressed a desire that there should be more green space, and that perhaps more off-street parking could be obtatned. There could be eventually a condition where there would be substantial parking on the street. He is not so concerned PUBLIC HEARI�G MEETING OF APRIL 12, 1976 about the private roads as with the public roads. Playor Nee declared that a recess would be taken (At 10 20 P.M. the Council took a recess.) (Council reconvened at 10 38 P.M.) (All members were present.) PA�E 6 Playor Nee said that at the time of recess they were on the questton of a setback in � the North Inns6ruck area, and the material question is whether or not the Council chooses to approve that kind of a setback The Mayor thounht rather than aettinq into a legal�stic argument on the matter that what ounht to be talked about is whether it is an acceptable idea (The Ctty Attorney returns at 10•41 P M.) Gary Samuel spoke about the setbacks He said he has lived there and that he adamantly opposes the granting of a setback and the shovinq in of a bunch of low �ncome housinq into a smaller area Various other residents voiced their dissatisfact�on with channinq the setback. They bouqht their property wtth one view in mind as to the location and that Mr. Farr is now attempting to shove all kinds of um ts in and chanaina the pattern There was considerable d�scussion on where, and how, the location of "low cost" homes would be and the affect on the pre-exist�nn houses that would be ad�acent to them if bui]dina was permitted Constderable discussion ensued amonq the cittzens in exnressrnn their views on densitv of housing, cluster housing, and other issues Mr. Farr ennaned tn the discuss��r The Public Works D�rector suaaested that it mi4ht be in order to continue the hearrna because of the addit�onal comments that have been received and that the administration then could aet tonether with P1r Farr and brtnn back the results of that meetinn later on. P10TION by Councilman Starwalt to continue the Public Hearina to the renular meetinq of April 19, 1976 Seconded by Councilwoman Kukowski Upon a votce vote, all votrn� aye, Playor Nee declared the motion carried unanimousl�r. LIQUOR LI OF LORDS, IflC. PJ G UE (H�USE P40TION by Councilman Fitznatrick to waive the readina of the no±ice Seconded by Councilman Hamerm k Upon a voice vote, all votin� aye, Playor Nee declared the motion carried unanimously P90TIOfl by Councilman Starwalt to close the Public Hearina Seconded by Councilman Flamerml;. ll�on a voice vote, all votinq aye, Mayor Nee declared the motton carried unanimouslY PUBLIC HEP,RING OPI PROPOSED CHARTER CHANGES• MOIION by Counc�lwoman Kukowski that the reading of the notice be waived Seconded by Councilman Hamerm k Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unanimously. ' Mr. Scott of the Fridley �FL said that he makes the same comment he made in January, � 1976; that althouqh providing some inout, they have not been invited by the Charter Cominission to attend other sessions. There was considerable discussion regarding Sections 5.03, 5.05 and 5 06, and the Council felt there was a need for some clarification of the wording and intent of the Charter Commiss�on Another area of discussion centered on the orintin� of the budnet for the Ctty City Manager Qureshi said there is no problew of puttina toqether the necessary pa�ers. What we need �s clar�ficat�on from the Charter Comm�ssion on what they desire to be published P9r B�erkesett, member of the Charter Commission stated that the Charter Commission's �ntent was to publish the budaet in summary form in the official publication prior to the Auaust meetinn Mr. B,7erkesett said that in Section 7 14 the Charter Commission's intent was to �ublish � � � PUBLIC HEARING MEETING OF APRIL 12, 1976 PAGE 7 the financial operations summary in the third week of Apr�l and publ�sh the City's general fund operations quarterly expense summary for the first quarter in July, the second quarter in October and the third quarter in January MOTION by Councilman Fitzpatrick that the Councilman Starwalt Upon a voice vote, motion carried unanimously NEW BUSINESS� Puhlic Hearinn be closed Seconded by all votin� aye, fla,yor Nee declared the CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR ST 1975-1 AND ST. 1975-2 STREET IMPROVEMENT PROJECTS MOTION by Councilman Fitzpatrick to table the resolution to the meetina of April 19, 1976. Seconded by Councilman Hamernik. Upon a voice vote, all vot�na aye, P1ayor Plee declared the motion carried unanimously RESOLUTION #34-1976 -- A RESOLUTID^l CONFIRh1ING ASSESS�RENT FOR WATER, SAPlITFPY SEUIER n+in crnonn cn.iro TMOOm�rnerniT oom�rT r.in ii�. MOTION by Councilman Starwalt to adopt Resolution ;�34-1976 Seconded bv Councilwoman Kukowski. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. RESOLUTION #35-1976 -- A RESOLUTION TO ADUERTISE FOR BIDS -- TV SOLIDIFICATION AP1D PIPE REPAIRS FOR SANITARY SEWER AND STORM SEWER AND RIGID PAVEMENT SLAB-JACKI�1� MOTION by Councilman Fitzpatrick to adopt Resolution #35-1976 Seconded by Councilman Starwalt Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RE50LUTION #36-1976 -- A RESOLUTION OBJECTING TO THAT SECTION OF THE PROPOSE� RULES DF THE SECRETARY OF STATE FOR CERTIFICATION AND EXPERIPIENTAL AND CENERAL USE OF V�JTIN(; MOTION by Councilman Fitzpatrick to adopt Resolution '�,36-1976 Seconded by Councilwoman Kukowskt Upon a voice vote, all voting aye, Mayor Nee deciared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Hamernik to ad�ourn the meetin�. Seconded by Councilwoman Kukowskt Upon a voice vote, all votinq aye, Mayor Nee declared the meetinn of the Fridley City Council of April 12, 1976 ad,7ourned at 1 38 A.f1 Respectfully submitted, John Chegwyn Counctl Secretary Approved May 3, 1976 ��c�+�t W�11iam J Nee Playor ��