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09/09/1968 - 00019992.�� �r 'PI-iE MINU'TES pF 1^HE SPECIAL �'UBLIC HEtIRING M�E'PING OF SEPTEMBER 9 1968 � Councilman Harris, Mayor Pro tem called the 5pecial Public Hearing T�Ieeting of September 5, 1968 to order at 8:05 P.M. PLEllGE OF ALLEGIANCE: Councilman Harris, Mayor Pro tem requested that the audience stand and �oin the Council in saying the Pledge oP Allegiance to the ,^1ag. Rf7'LL C11I�T,: M�MBERS PRESEN'P: T3arris, 5heridan, Liebl, Samuelson, Kirkham (%�rrived at 8:30 P,M. ) ME.MBERS ASSEN'J': None �DOPTION �F AGENDA: Councilman liarris, i�fayor Pro tem said that Item �t6: Resolution � Con�irmzng t�ssessment ior 5torm Sewer Improvement Project r82; and Item ',$7: Resolutlon Coniirming Assessment ior Sewer, Ydater, and �torm Sewer Pro�ect ;;II4; are to be tabled to the Council P�teeting ol Septe;nber 16, 1968. PULBIC Ii�1PING ON S�i'It�E`1' IMi''ROVEMENT PROJEC`i' ST 1968-1B ADBENDUM arS : Councilman ?iarris, Mayor Pro tem r-ead the Public Hearang Notice L-o the audience, �Phe City Engineer said thai all these streets have beer, petitioned ior. He explained L-he cost break-down of the streets, Polk SL-reet being $5,158.88, the West Service Road af �i',Ii. ��65 from Railroad Right of Way to 73rd Avenue being $28,620, and Skywood Court being $9,171.00 with curbing and $6,II25.00 without curbing. 1. PdLIC 5^1REE�P: 323.4%' SOUTH OF LYNDE DRIVE Councilman rIarris, f�layar 1'ro tem called L-or coirunents £or or against che �_m��r�vement oi chis street from the audience. No one spake. 2. T�7h'S'I' SERVICL�' ICOAD Oi T.H. r�65_ RAILROAD RIGHT OF WAY TO � 73RD AVENUS Councilman Harris, Mayor Pro tem asked ii anyone wished fio speak ror or against this improvement. No one answered. � I � � i� SYECIAL PUBLIC HEARING Me7ETING �F SEP'1'Ei�'BER 9, 19ei8 3. SY.YWO�D COUR'1 IN SWANSTROM' S COUi T t1DDITION PAG,:, 2 Councilman Harris, Mayor Pro tem askecl �i anyone wished to spealt tor or against th�s improvement. P'ir. Lee 3rx11s, 1337 Skywood Lane, sazc� thac his back yard faces Skywood Court but he has no access to it, �chere�ore, he did no� feel that he would be bene=itted. Mr. T�avid e"�brahamson, 1349 Skywaod Lane, said that his property is 1J' higher than Mr. �ra.il's so he would have even less oi an opporL-un�iy co e,�er use Slsyvaood Court as an access, and did not Pee1 thac he wauld derive any benefit. Councalman Harris, Mayor Pro tem explained thac this impravement was considered before, buL- the people ioughc ic. I� is :brougni back now as the Council has received a pecition by the develoL�er oi Swanstram's Court Addition that has over 50;o signatures_ Mr. Myron Kidder, 1331 Skywood Lane, said tnat he 3ives nexL cloor � to Mr. Brills and although his lot is rnore level, he i2as a garage fac�.ng Skywood Lane, and would have ne need ior Skywood Court. Mr. I�enneth Helrenstein, 1315 Skywpod Lane, asked who would absort this cost, Councilman Harris explained L-ha-� the law states that property cannot be assessed iE not beneiitted. Mr. Helfenstein then said that hi� is a corner lot and h�s assessment is about $1,000 and he cloes noL ieel that he will ben��r by Skywood Court being improved, as he will not use it. �i'he Finance i�irec�ar explained that the proposal is for spreadiny the a�sessmenis the same as has been done in the past for double �rontage lots. Yf a property £ronts on the street the City is conL-empla�ing improving, he is assessed 3/4 oi the cost. If the stree� serves as an alley, his assessment is 4 of the cost. He said chat ihe City has never absorbed any of the cost in the past. �� I_..`i Mr. Walter Vdalburg, 1323 Skywood Lane, said 'chat this anpears Lo be an annual thing and thai he was here las� year. He said that he was concerned about who was to be :i,ncluded in this assessmen�. He said that there were more houses now in this block than last year, and that there mighL- be some benefii. �o him in the iutur�, chat iL- was hard to say. Possibly his .land would beneiit iay being able to clzange the garage. Mr. Abrahamson said that his lot is 20' - 25' above the sL-reez and he is on a turn-around and he was sure �he City would never permit a garage being built into a turn-around. He said that if he was not on a hill, he would have built his garaye at L-he back. Councilman i� SPECIAL PUBL�IC PIEEIRING PdEEl^ING OF SEP'PEMBER 9, 1968 pAGE 3 Liebl ask�d Mr. Abrahamson hova many sites could use detached garage� at the back. Mr. Abrahamson said L-hat there ware some lots whzch could be developed with detached garages in the back but he did not ]�now how 7nany. Mr. Kidder said that he a?so has access fxom frant and rear, but his yarage faces Slsycaoad I�ane and he does nat use Skywood Court, and would no� even iE irnproved. He said that he dad not think it was righc L-or him to have to pay ior this additional street. Mr. F7i11iam Shields, 1300 l�ighway }#10�, said that he had already paid assessments ior Fillmore 5treet and Skywood Lane, He asked how he could be served w�.th sewer iP he chose to build on Skywood Court. He was advised by the City Engineer that he would check tthis ou�. and NIr. shields could come into the o==ice, i£ he desired. Councilinan Sheridan advisecl the audience that the policy of the Council is to close the Public Hearing withaut any action to allow time Eor the Council Lo make an on-site inspection, which appears �o be necessary in this case. Mrs. John Clutter, 1324 5Y,ywood Lane, said that sha did not ieel �hat she, and the other people with double irontage lats, should nave to absorb 4 oP the cost as this street wa.11 not be used by them. Councilman Harris, Mayor Pro tem asked ii there was anyane else who wishecl -to speak. MoTION by Councilman Samuelson to close -the Public Hearing on Street Improvement Projecc St. 1968-1B Addendum #$5. Seconded by Councilman 'Liebl. Upon a voice vote, all voting aye, Councilman Harris, Mayor Pro tem declared the motion carried. Councilman Harris, Mayor Pro tem advised the audience that a decision wi11 be reached at the next Council Meeting which would be the 16th OL September. I�IAYOR KIRKfI11M I�ItRIVETJ A"t' 8:30 P.M, PTJBLIC HEARING ON FINAL" ASSESSMENT ROLL, S'i'ORM SEWER PROJECT #{82: CounciZman Harris, Mayor Pro tem read ca the audience. The Pinance Director the screen. Councilman Harris, Mayor trom the auaience. the Public Hearing Notice showed a map o£ the area on Pro tem called for comments � � , SPECIAL PUBLIC HEARING iKEETING OF SEPlEMBER 9, 1968 PAGE 4 � Carol Novitsky, 5421 Madison St=eet N.i. asl:ed ii this was the same pro�ect that the people on her block reque�ced not to be put in at this time. Councilman Sheridan told her yes, thas line is not going co be done at this time, however, L-he overall assessmen� will cover this block. Mrj. M.J. Bishop, 5260 Lincoln Street N.E. said that she had �usc bought a house here, and was tolc3 thai all -Lne assessments were in and paid. She said that it was purchased under a G.I. loan. �Phe Finance Dixector said that since it is a G,I. loan, there may be money in escrow, either with the City or che rnorcyage company. He asked her to please ca11 her moitgaye company and the Finance Darector's offace to check on any escrow rnoney. Mr. Rolan t�nderson, S194 T�Iatterhorn Drive, asked when the con- struction was completed. The City Engineer said a}�out a monL-h ago, He said that some or the work was scarced 2- 3 years ago. Mr. i-lnderson said that he bought his nouse zn 19G/ and a11 i.he assessments were in and paid, and thai �nere was not any money in � escrow that he knew oz. He was advised also to ca11 tha I'inance Director's office. Mr. Florian Janey, 572 53Z Avenue asked abouc che west boundary line while looking at the map on the screen, anc3 wondered i� Lot 9, Block 2, Temple Terrace 2nd t�ddition was wichin L-he dzstrict. The Finance Director said that a part o� r�oc 10, all oi Lot 9 and Lot 8 are included in t his district. Councilrnan Harris explained that sometimes people`s property is acL-ualiy divided in4o two distr�.cts, as water on_paxt of a lot may drain one way and che resc oi the lot may drain in the other direcL-ion, however, this is not che case with Lot 9. MOTION by Councilman Sheridan to clase L-he public Flearing on ihe Final Assessment Ro11 ior Storm Sewer Pro�ecL- ;;•82. Seconded by Councilman La.ebl. Upon a voice vote, ail vocing aye, Councilman Harris, Mayor Pro tem declared the motion carried unanimously. PUBLIC HEARING ON FINAL ASSESSMENT ROLL, SEPJER, VdATER AND STORM SEWER PROJECT #84: Councilman Harris, Mayor Pro tem read the Publzc Hearing Notice � to the audience and called for their cor.unent�. 1. AREA BOUNDED BY BFIKER AVENUE ON 'rHE L4EST SIDE AND �l'.H. -it65 ON THE EAST SIDE. OSBORNE ROAD ON 1^ISE NORPH uIDE, AND 75'1�II AVENUE EX'I'ENDED EAST ON THE uOUTH SID�: ,�, �� , S�ECTAL YUBLIC SiE[3RING MEETING OF SEPTEMBER 9, 1968 PAGE 5 Vilas N. Nagel, Foresc La7¢e, i�linnesota asked how much he is going to be assessed ior this. Cauncilman Sheridan gave him the figures From tne assessment roll. P�Lr. Nagel said that he £elt that the cos� was unreasonable. IIe said that Lots 1, 2, and 3 are not assessed but Lot 4 is assessed very heavily._ He said that he ielt rhat other people could bene=it trom this line also, as it is deep enough. He said thai he would like to change ha.s easement .crom along the north line oL- Lot 4 to a1onG the south la.ne. Council- man Ilarris said that he could see no reason why this cou7.d not be done. He commented tha�, rt would seem ihai: this pipe could serve other people too, He asked P+Ir. Nagel if he thought that_the pipe placed on the east property line of Lot 4 is larye enough for later connec-�ion. Mr. Nagel replaed yes, that maybe it could serve all l-.he v�ay from the trailer court. He said L-hat he is interested in seeinc; that thas is c7�ne right. Couneilman 5amuelson said that there was a storm sewer line included in the pro�ect, there was no ob�ection at the Public Iiearang. Then a petition was received against the project, so it was deleted. He said that he agreed that the 8" line is of sufficient depth to serve o-ther properties. He said that it has been the policy oE the City to consider 8" lanes as laterals rather than mains or sub-mains. Councilman Sheridan said that an these £igures were unr�asonable. Lhe total was high. a lot basis he did not feel that Mr, Nagel said that he £elt that 2. AREA BOUNDED ON THE NORTH BY 'P.H. #�94, ON THE EAST BY CEN�PRb1L AVENUE, ON THE SOUTH BY 53RD AVEN[JE, AND ON THE WEST $Y NL�DISON STREET EXTENDED Councilman Harris, P4ayor nro tem called for comments for or against chis assessment iroin the audience. No one spoke. 3. AREA BOUNDED BY CENT1tAL AVENU� ON THE WEST SIDE AND STINSON BOULEVI�RD ON THE �AST 9IDE, 75TH AVENUE ON TfiE NORTH SIDE AND 73RD AVENUE ON THE S4UTH SIDE COMMLTNICATION; ROY Zh'ARNER, 7360 STINSON - LETTER IN OPPOSITION MO�i'ION by Councilman Lieb1 to receive the communication from Roy ti+�arner, 7360 Stinsan iioulevard in protest oL- the 5torm Sewer #k84 assessm�nt, dated �eptember 8, 1968. Seconded by Councilman Shericlan. Upon a vo�.ce vote, all voting aye, Councilman Harris Mayor Pro tam declared the motion carried unanimously. � � � � �a _ � � � PLTBLIC HEARING MEETING OF SEPTEMBER 9, 195� PAGE 6 Mr. Leonard Lind, 1620 75th Avenue asked ir the cast oL- the sewer is included in the street assessment. 'Phe Ci�y Engineer expiainec� that 75th Avenue is being improved and this cosi is not incluc�ed. This assessment hearing is for storm sewer south oi 75th Avenue. It was pointed out that there is already a catch basin on the corner of 75th Avenue and McKinley Street, so Councilman Liebl wondered how the water will flow down to ;3rd Avenue then. The City Engineer told Mr. Lind that he would be in ane district or another, but he would never have double assessm�nts. NLr. Lind said that there is storm sewer in and paid [or already by his house, wha.ch was paid in 1962. Councilinan �heridan said that cne assessment ro11 shows a partial assessrnent. Councilman Samuelson suggested that the assessment might have been on a trunk 1ine. Councilman Harris suggested that Mr, Lind contact the Finance Director at the office to check this througn. Mr. Henry Hamersma, 1402 Onondaga Streec, aslced when the pro�ect was order�d in. The City Engineer answerecl it v�as on February 20, 1967. MOTION by Councilman Sheridan to close che Public F:earing on L-he Einal assessment roll ior 3ewer, b+7ater and 7torm Sewer Pro�ect ;��4, Seconded by Councilman Samuelson. Upon a voice vote, a11 votuzy aye, Councilman Harris, Mayor Pro tem dec.lared the motion carried unanimously. PUBLIC HEAitING ON VACATION REQ[IEST (SAV ;�`6&-04) 56Ti3 AVENUE, 6'PII uTREE'P TO 7TH S7.'REET. (LARRY BRUSSEAU): Councilman Harris, Mayor Pro tem read 'che �ublic I3earing Notice L-o the audience. The CiLy Engineer said that �his is tor a z block area, and the vacation was initiated basicaliy ;�y the Council. I4 has been to the subcommiL-tees and they recommend approval sub�ecL to the City retaining some easements. Mr. Larry Brusseau, 5546 7th Street said 'chai he wished to s�ea7c in favor of this vacation. He asked hova wiUe the easement would be. Councilman Harris, Mayor Pro tem :�aid �hai. it would be Lhe north 20' of the south 30', so he could use the suui.h 10' o� �he street ad�acent to his pronerty. The Cicy r:ngineer sayd chere is also a 12' easement for the alley connection. � Councilman F3arris, Mayos Pro tem asked �:- anlone wished ta spea',c in o�positzon to the vacataon. No one sL�o]>e, �� S1'i:CI:1L AUBLIC F3Ei�RING ME�'I'ING OF SEPTEMEER 9, 1968 PAGL' 7 Mo'�'IOh 'l�y Counciiman Sherzdan to close the Public F3earing on the vacation request SAV ;`;u8-04, by Larry Brusseau. Seconded by L'ouncilman Samuelsan. upc�n a vozce vote, all vating aye, Council- naan Harr�s, Nlayor Pro �em declared the motion carried unanimously. '�'h� �:itv Engineer �elt tizaL- these people should understand that City expects that this �ro�erty wzll be .naintained, The people L-ne auc7zence interested in this item were a11 in agreement with `�h1a . 'Larry Brusseau asked about �he pile i.he eizd of 56th Avenue .Lor control thai chis is no longer n�cessary as �ity t;ngineer said �.hat when he and ready L-o proceed wiih their plans, vai11 be ta7ceri care oi. l:he in of sand whicli was placed at oL- the s�orm �aater. He said the ,torm sewer is in now. The the other property owners are to call the City and the sand Pi3BLIC tICARING ON R�'LONING REC?UES'P (ZfIA ;�G8-11) TO REZONE FROM R-1 'PG R-3:1, LyF1R'P OF LOX i0, A.S. k88 (LOUIS MO'�HILOVICH) (47' STRIP OP `�dES'PLRLY POR'PION Or �Aa':CEL 460 & 4701 : ��ounczlman Harris, Mayor Pro tem read the Public Hearzng Notice to �he auc�ience, and as7ced �or eommenLS. �ir. Louis rilomchilovich said that he would lilte to speaY. in iavor o� chis r�zoning request. He said that che area to the west is 240' 1ong, and he will be cakang 47` lea�ing 193' remaining. FIe said 'chat chas parcel is 220' wide and has a double bungalow on it now. Councilman Harra.s, Mayor Pro �em asked i� anyone wished to speak in op�osition. No one spoke. MolIODd by Councilman Sarauelson to close the Public Hearing on the rez�ning requesL- Zoi1ak68-11 by Louis Momchilovich. Secottded by P�ayor Y.irkham. Upon a voice vote, all voting aye, Councilman Harris, NIayor Pro tem declared the motifln carried unanimous].y. RECESS- Councilman Harris, Mayor pro tem called a 5 minute recess at 9:15 P.M. M[�YOR I:IR -1M ZISSUMk:D CI-IAIR, � � � ,' �,i SPECIAL PUBLIC HEAI2ING MEEiING OF SEPTE;+'IBE2{ �, 1968 PHG� 2 � RESOLUTION NO. 135-1968 - RESOLUTION ORDLItiIVG PP.EPe-LFt11'PION OF ASSESSMENT ROLL FOR PHE 1967 STREET PROJECT: MOlIOi3 ]ay Councilman Harris to adopt Resolutiion -�T135-1968, Se- conded by Councilman Samuelson. Upon a voice vote, all vo�ing aye, Mayor Kirkham declared the motion carried unana.mously. RESOLUTION iT136-1968 - RESOLUTION ORDEF.ING PUBLIC HE[-1P.ING P�OR ASSESSMENT ROLL FOR �i'HE 19G7 STREET PR�?JECT: MoTION by Councilman Harris to adopt Resoiution ;rl"36-1968. 5econded by Councilman Samuelson. Upon a vozce vote, all voting a��e, Mayor Kirkham declared the motian carried unanimously. CONSIDERATION OF S^tORM SEWER ASSESSMENT POLICY (73RD AVliNJ� - ONAN ARF�1) • The Pinance Director said that the reason L-hat chis item was aut on the Agenda is that some work was done on �he Dnan property in � addition to the work in the drainage distric�, He said that i.he total was $63,�00. After taka.ng out the County share and the amoun� assessed to the people, it would leave a lump sum balance of $40,600.50 £or Onan's share. This cosi includes worlc done which would benetit Onan and no one else. He said that the home owners would pay about $10,000 and were assessed at $2,42 per 100 square foot. He said that this has been discussed wiih Onan's and they are agreeable to this. In addition there was the quesc�on oi the sub-district in the Onandaga area. The City Enga.neer further explained thai� �he �ublic Hearing sor this improvement was held beiore Onan's came to Fridley. They �hen agreed to pay anything over what �vas assessable to che peoy�le. 1'here was no change in the assessment L-o the reszdents_ RESOLUTION #137-1968 - RESOLUTION TRANuL'I,RRING COSTS FROt$ SEWEF, WATER AND STORM SEWER Fk88 FUND TO THE 1968 S'1REET FUND; (72ND AVENUE): MO�i'ION by Councilman Samuelson to adop� Resolution �137-1968. Seconded by Councilman Harras. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. � RESOLUTION #138-1968 - RESOL[7TION TRIINSFERRING COSTS FROM SL^'WER, WA'I'ER, AND STORM SEWER i�88 FUND TD THE 1968 STREET FUND (NURTON AVENUE): Y� I SPECIAL PUBLIC TIEARING I�E7'ING OF SL•'PTEMBER 9� 1968 PAGE 9 � MUTIUN by Councllman Harris to adopt Resolution #�138-1968. Se- conded by Councllman Samuelson. Upon a voice vote, all voting aye, �Iayor �irldzam declared the motion carried unanimausly. CONSIDCFtHTION UF V7AIVER OF SIGN ORDINANCE REQUIREMENT AS REQUESTED BY SOB CHRISTLNSON: Bo� Christenson said thank you to che Councii for considering his requesi ai. this time. fIe said that since the median has been conscructed in Mississippi Street same oL- his lessees have given no-cice that they may i�e moving. He said thai trom the east people cannot get into the shopping center, so he is proposing cleaning up the back oi the buildings, and putting up a sign for the back parkinc� lot to direcL- customers in throu�h ihe back entrances. He said that his sign would be an aL-tractive sign, with a list 01- businesses in the shopprng center hanging trom a chaa.n under- neatlz. I3e then braught his plans to the Council table ior dis- cussion while looking aL- the plans. He said that the setback vaaiver was needed so �haL- Lt could be seen coming from the east. He said L-hac he has allowed enough room under the siyn so tYtere � would noi. be a traffic hazard. MOTION by Councilman Harris L-o grant the waiver trom the sign ordinance re�u-irement to �errnit installation oi sign. The north edJe ol the sign is L-o lle 2z �eet back �rom the sidewal7c. Se- conded by Councilutan Samuelson. Upon a voice vote; all vating aye, t�Iayor F:irkham declared the motion carried unanimously. COA4A4UN ICA'P S ONS - 11. �1 & G EN'Pr�RPRISES: RE�MOVAL OF NO PARKING SIGNS ON LYNDE D�IVE Councilman Harris commented that there has been a lot of ob�ections from these people. �I�here is also the problem o� snow removal. Councilman Sheradan said that it would seem that if the parking is insu£ficient, iha� tha� is the apartment owner's problem. He saic3 tlzat some cL- che problem is boats, campers, and trailers etc. are using the available space, and the solu�ion should be en�orced bv the apartment house owner. Cauncilman Harras commented that the City would probably be open ta critism a.i parking was allowed on the narth szde and noL- on �he south side. It was pointed out that � L-he Police Department had recommended previously that these no parking siyns not be removed. MO'1'IOL�a by Cauncilman Sheridan to receive the communication irom �1 s< G�nterprises dated 6eptember 2, 1968 and upon the recommen- dation oE the Police Department, that the signs not be removed. SPECIAZ PUBLIC HEARING MEETING OF SEPTI.ND3LR 9, 1968 PAG� 1D � Seconded by Councilman Samuelson. Upon a voice oote, all voting aye, Mayor Kirkham declared the motion carried unanimously. B. HONEYVPELL, INC.: PICNIC IN LOCl'.t: ?L�P.Y. MOTION by Counciiman fiarris to receive L-he letter from Honeywell, Inc. dated September 3, 1968. 5econdeci by Councilman Samuelson. Upon a voice vote, a11 voting aye, Mayor F;ir7r.harn deciared the mo�ion carried unanimously. APPOIN"PMENTS- Counczlman Samuelson pointed out that �here are xnany vacancies on the various committees. Councilman Harris suygested that tize City Manager draw up a list of all the vacancies to be sent au4 ta the Council members prior to the Meeting october 7, 1968, and that this item be placed on that Agenda. INTERSECTION OF EAST RIVER ROI�.D AND I. G94 - CLEANUP: � Councilman Samuelson suggested letter oi thanka to be senc to their fine job of cleaning up CHIES I�1�TD ALT�RA�rIOIV: � that the City Manager dra�a up a the Minneso�a IIighway Department Eor this intersec�ion. Councilman Sheridan commented that he was zn agreement with the City Manager and the City Engineer in their recommendation in regard to the Chies land alieration. fIc fe1L- that it was time the City got compiiance wzth the permit. N.S.S.S.D. Councilman fIarra.s said that there was an N.S.S,S.D, Board Meeting the next night, and with the agreement oE L-he Council, he would continue to work to protecL the City's inL-eresi.s with N.S.S.S.D and any action by the Board not in agreement with the City's welliare will not go unchallenged. ADJOUI2r7MENT : There beang no further business, Mayor I;irkham declared the Sg�ecial Public Hearing Meeting of September 9, 1968 adjourned at 9:55 P.M. � RespectPully submitted, � � � ''� ue1 N� ce� 5ecretary to the Council Gt.� i/ ��.✓✓+`�^i�.+�..� �ac7: O. F.irxham A4ay or � �- ,,