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09/08/1969 - 00019242Li3��'�ry � /, /� l THE MINUTES OF THE SPCCIAL PUBLIC HEARING MEETING OF SEPTEMBER S, 1969 � Mayor Kirkham called the Special Public FIearing an$ Workshop Meeting of September 8, 1969 to order at 7:35 P.M. PLEDGE OF ALLEGIANC�• The Council and the audience 7oined in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Kirkham, Liebl, Harris, 5heridan MEMBERS ABSENi: Samuelson ADOPTION OF AGENDA: MOTION by Councilman Harris to adopt the Agenda as presented. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayor Kirkham declared the motion carried. PUBLIC HEARIlQG ON FINAL ASS�SSMENT ROLL FOR STORM SEWER IMPROVEMENT PROJECT #89. � Mayor Kirkham read the Notice of Hearing. The Finance Director gave a short explanation on the purpose of the assessment hearing and said that the assessment rate is $1 77 per 100 square feet, the assessment is spread over 20 years at 7�0. A member of the audience living on Norton Avenue said that he had a petition from the people on Norton Avenue against the assessment as they can see no benefit. He said that he had lived there 18 years and the land has normal drainage to the north and south, and cannot understand why this storm sewer can be called feasible. Originally th.ts road was private, then it was turned over to the City. When it eroded, the City put a surfacing on a.t. He then came forward and presented the petition. PETITION #39-1969 - RESIDENTS OF NORTON AVENUE OBJECTING TO ASSESSMENTS UND�R STORM SEWER PROJECT �89 MOTION by Councilman Harris to receive Petition '�39-1969. Seconded by Councilman Liebl. Upon a voice vote, Mayor Kirkham declared the motion carried. The City Engineer explained to the people on Norton Avenue that the City of Fr�dley has a basic drainage plan and that everyone will eventually be in onedrainage district or another. Everpone always feels that as soon as the water leaves their yard, they are not responsible for contributing to the drainage district. The people on high ground that do not have a drainage problem are still contri- � buting to the drainage water witha.n the district. Almost every area within the City of Fridley has already been assessed for storm sewer. He then showed the storm sewer drainage district may� to the audience. Councilman Liebl asked what the average assessment cost in the City is. The City Engineer said that it averages about $3.OD per 100 square feet. Mayor .��.=� �� SPECIAL PUBLIC HEARING AND WORKSHOP MEETING-OF SEPTEMBER 8, 1969 FAG� 2 � Kirkham added that this type of complaint is not anything new to the Council. Every time there is a storm sewer assessment, the people on higher ground cannot understand why they should be assessed. The City has adopted a policy of it not being feasible to put in any street improvements until the utilities are all taken care of. The areas within the Crty are divided up into districts by the lay of the 1and. By 5tate Statutes the City must assess by square footage. The gentleman who presented the petition said that most of the problems con- cerning Norton Avenue are man-made. Originally it was a perfectly drained street. When the street was graded, however, the grade was lowered about two £eet. This causes the water to run down the street and erode the street away. He said that he did not mind paying his taxes like everyone else and that he is for the schools, propection by the police and fire department, etc. but he ob- �ects to paying for man-made engineering faults. He felt that the drainaqe water comes from the area to the north of him and although he is concerned with that area, he did not want to pay an assessment that did not benefit him Counca.lman Sheridan said that part of the improvement under this pro�ect was the enlargement of the culvert under the xailroad tracks. This was necessary because of the increased run-off within the district. The pipe from Norton Avenue takes the water to the creek. A lady in the audience said that tha.s would be a benefit to the man who 7ust spoke, but not to her. She said that she lived near where the pipe was put in and she has had water in her basement the last two springs since the pipe was put in. She never had any trouble with her basement before the pipe was put in. Councilman Liebl asked what could be done � for the lady with the water in her basement. She replied that this has since been corrected. The City Engineer said that as the run-off increases the size of the pipe must be increased. The storm water must get to some pipes, the river, or the creek someway and as property develops, so must the utilita.es. The spokes- man from Nozton Avenue said that it seems they are being told that the City has the right to assess even though he does not feel that there is any benefit Mayor Kirkham said not necessarily so, there has tq be a benefit to the people to be assessed. If he feels the assessment is unfair his recourse is legal counsel. The spokesman replied that he would be willing to take any legal counsel up to Norton Avenue and ask him to show how this storm sewer benefits him. Mayor Kirkham suggested that he come in to the office and da.scuss this with the City Engineer and he will try to explain completely how this storm sewer benefits him. If still unconvinced, he can get legal counsel. Councilman Sheridan asked the City Attorney if he did not have the right to contest any assessment spread by the Council if he feels that his benefit is not an equal benefit compared to the rest of the property within the district. The City Attorney said that there have been a number of court cases that have held that it is proper to assess all property equally because the water falling on higher ground must eventually make its way to the lower ground. The whole question resolves down to the question if this entire area is benefitted by the storm sewer system. If the Council feels that it does, then they can levy an assess- ment. If the property owner appeals, then the burden of proof is upon the City to prove the bene£it. Councilman Sheridan read the Minutes of the Public Hearing on January 13, 1969 ' in which there was only one person speaking on the pro�ect and was in favor. The person also told of tanks floating in the water. A lady in the audience said that that was after the storm sewer was in. The City Engineer said that the storm sewer for Norton Avenue was in, this was put in with the street improvement, then the storm sewer portion of the improvement was moved to Storm Sewer #89. The City Manaqer asked when the drainage under the railroad tracks was put in. The City Engineer said this spring. '� � `' q �,� THE MINUTES OF THE SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8, 1969 PAGE 3 The gentleman with the petrtion said that he lives within an industrial area � in the City and has to live wrth the increased traffic, smoke, noise, etc. The people not close to the industry want to be able to benefit from the taxes the industry pays, yet they do not have the liabilities. He wondered why they did not get a special break with their taxes. The City Engineer pointed out that there are residential areas within the City which are paying about $6.00 per 100 square feet for storm sewer assessments. MOTION by Councilman Harris to close the Public Hearing on the Final Assessment Roll £or Storm Sewer Pro�ect #89. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the Public Hearinq closed at 8:15 P.M. Councilman Harris asked the City Engineer to make hunself available to the people who have further questions concerning their assessments on this pro�ect. POBLIC HEARING ON FINAL ASSESSMENT ROLL FOR WATER IMPROVEMENT PROJECT #92: Mayor Kirkham read the Notice of Hearing. The Finance Director said that the cost will be $5.88 per front foot plus a connection charge of $174.28 per service. This is also spread over 20 years at 7'�0. As wrth all assessments, if paid with- in 30 days there is no interest. If not paid within 30 days, the assessment will be from the date of the assessment hearing. Councilman Harris asked how the actual cost compares with the estimate. The � Crty Engineer said that the estimate was $6.13 per foot and the actual cost is $5.58 per foot. This is about l0a less than the estimate. Mr. Lloyd Bennethum, 369 66th Avenue N.E. said that he had spoken to the Engineering Assistant about the quality of sod to be used, and was told that it was to be cultured sod. The sod they received is very thin, about 2' wide, many weeds and of very poor quality. He said that he was one of the few wlth a blacktopped driveway. On the old part of the driveway it is still hard, but the new portion is soft and in hot weather you can see every heel mark. He said that no form was used to put in the blacktopping and he felt that it was poor �vorkmanship. Councilman Sheridan advised him that this work is covered under the street pro7ect. The water pro7ect is now under consideration. P1r. James Thayer, 377 66th Avenue N.E. said that at the preliminary hearing the people tried to get an estimate of the total cost, but somehow this never came through clearly. He said that after the hearing, his neighbors did not know either how much their estimated assessment would be. When they asked how much it would cost them they would get part of the cost, that part for the constru- ction work, but they did not get the service connection charge. When the people ask how much it will cost them they should be told the total figure. He said that it seemed a lack of communication. The City Engineer showed the trans- parency that was used at the preliminary hearing which includes on it the cost of the work and also the service connection charge. The City Attorney added that he was present at this Meeting, and as he recalled that transparency was � on the screen for about '� hour. He said that he did not recall any such question. Councilman Liebl said that they were told the estimate at the Public Hearing for the preliminary assessment ro11. He then told them again what the estimate was and the final cost. He said that this was a pretty close estimate, and he wished they could all be so close. As to the complaints on the workman- „ � ._ SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF S�PTEMBER 8, 1969 PAGE 4 � ship, the Engineering Department keeps a list of the complaints and follows them all up. Some of the problems have been solved and the Engineer is still working on some of them. The City Engineer has spent about the last two weeks trying to satisfy people with complaints. MOTION by Councilman Harris to close the Public Hearing on the Final Assessment Roll for Water Improvement Pro�ect #92. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the Public Hearing closed at 8:30 P.M. PUBLIC HEARING ON THE FINAL ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1968-1B: Mayor Kirkham read the Notice of Hearing. Horizon Circle: Main Street to Aoxizon Dr3_ve Horizon Drive• 53rd Avenue to Interstate #694 Service Road Crown Road: Main Street to H�rizon Drive Ventura Avenue: Main Street to Horizon Drive Mrs. Harvey Johnson, 136 Horizon Cirrle N.E. said that she had problems wrth the drainage in front of her house. She had reported it to the City Manager. Councilman Liebl said that he thought that Suburban Engineering had inspected � the dxiveway and that it was taken care of_ The City Manager said that some gravel was put in to bring up the low area, but the Engineering Department feels that it still needs some additional improvement. A member of the audience said that they had been given an estimated figure of $8.50, and now �he assessment is $10 51 per foot. He questioned how the estunate could be so much lower than the actual price. Councilman Liebl asked the City Engineer if the streets in this pro�ect were bid on individually or if the pro�ect was let as a total. The City Engineer said that the bids were let on the grand total of all�the streets. Councilman Liebl said that as he recalled one price was with some catch basins and the other was without. He asked what was the specific bid. He said that the City Engineer had advised that the four streets be done together, as they crauld be done at a cheaper price. These four streets were higher than the engineering estunate. Mr. Dale Hamilton of Suburban Engineering, Consulting Engineers, replied that the calculated guess at the estimate for the construction of the four streets was about $41,000. The actual final cost was about $44,OD0 for the construction work Mr. E.F. Olson, 5361 Horizon Drive said that this is about a l0o error. They were given a figure of a lrttle over $5.00 and they assvmed that that was a fairly firm figure. Mr. William Jensen of Suburban Engineering said that there were figures given withand without some storm sewer work. The pro7ect was done wa.th a compromise of a partial storm sewer system. This would make the difference not as great as Mr. Olson thinks. The City Engineer added that the estimated figures are never given as firm figures. These are estimates based on our ex- ' perience with other streets in the City. This �_s the whole purpose of a pre- liminary hearing, and in no way constitutes the £inal cost. This depends a great deal on how the bids come in. If the contractors have a lot of work, the bids quite often come in high, bvt if the bids hit a slack season for them, the bids obtained are much better. � b 1 B /� /�L7' SPECIAL PUBLIC H�ARING AND WORKSHOP MEETING OF SEPTEMBER 8, 1969 PAGE 5 A member of the audience pointed out that there was about $2.00 difference between ' the estimated cost and the final cost and that he felt that it was only an $8.00 �ob anyhow. Another member of the audience said that they were told at the Public Hearing last August that the cost would not go up and may go down. Mayor Kirkham ex- plained that there is no way the Council can lower the bids. The Council has to take the lowest responsible bid by law. The City Manager then explained the bidding procedure. A member of the audience asked how much time has elapsed between the Public Hearing and the bad letting. The City Engir,eer said about a year. Mr. Olson said that the work was almost completed last fall. He asked the City Engineer if an explanation sheet of some sort showing all the figures could not be worked up and sent to all the people in the area. Mayor Kirkham agreed that this may be a good idea. A resident of the area said that he had a bad sodding �ob. He also reported that his driveway was torn up. Another resident asked how the estimate is made and if it is not made by using the past patterns and coming up with an educated guess. The City Attorney said that since he has been the City Attorney, in about 90% of the cases the estimate J�y the City Engineer has been higher than the final bid cost. This is an exception, and there has not been many in the past 3 or 4 years. He said that he did not know the reason, except that the Country is in a period o£ rising costs, perhaps he did not make enough allowance for this. He added that he agreed with the suggestion of b1r. Olson, that a letter be sent out to the people. He thought also the Minutes of the Public Hearing £or ' the street unprovement cauld be included. Councilman Harris concurred with the suggestion also. He asked if the people would not prefer to have this portion of the Public Hearing on the final assess- ment roll continued rather than closed. He added that maybe this same pro�ect Iet at a different time of the year may make a difference of l0o depending on how much the contractor wants the �ob. A member of the audience said that the City Engineer told them it would be better to have it done last year, because this year the price may be up to $10.00. The 7ob was done last year and it still cost over $10.00. He asked why the assessments were at 7'�% now. Mayor Kirkham answered because the City has to pay more, Mr Olson said that they are borderinq on an industrial area and there are trucks which use Horizon Drive They have 49th Avenue, 53rd Avenue and 57th Avenue as ingress streets off University Avenue. The people have called City Hall to see if something can be done about this, but there has not been a stop to it yet. Mayor Kirkham said that the Administration would try to get something done about this 7� resident oE the area said that the sod was about 30o sand burrs, was in very small pieces, and in generally bad shape. Mr. Hamilton said that sod was one of their biggest headaches. He said that he recognized the problems with the bad sod, they have had trouble with the sub-contractor. He said that he would have ' to appologize and extend his sympathies. He asked the people to please water the sod. There is a noticeable difference in the number of complaints on the south side of the streets as compared to the north side where ther is not as much direct light. He said that another sub-contractor has been engaged to r,�� � , SP�ECIAL PIIBLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8, 1969 PAG� 6 � clean up the worst of the sod problems. It was pointed out that any money spent on the clean-up by the sub-contractor will be deducted from the contracto�'s final payment, wha.ch has not been made yet. Mayor Kirkham said that what is not up to standard should be reported to the City Hall, giving their name and address. This record will be turned over to the Consulting Engineers. Councilman Liebl said that he has received some angry telephone calls concerning the fact that the driveways have been torn out and the people have to wait for two weeks to use them again. He felt that there should be more cooperation. Mr. Dale Hamilton agreed that two weeks was too long, and that the City cannot wait any longer. He said that it will have to be done by another sub-contractor if it is not taken care of unmediately. Councilman Liebl said that there was still about $30,000 being held back to take care of any bad work, and he assured the people that any work the City has to engage another sub-contractor to do will be deducted from the final contract payment, :9 member of the audience said that he put in some sod himself when he made a garden and this has done nicely, however, the sod put in for the pro7ect had nails, rocks and glass in it. Mr. Hamilton said that this was correct, that he had cyone down there and dug some out himself. He said that this was the only complaint received concerning any glass in the sod. The gentleman said that there was another case that he knew of, but the people took care of that themselves. Mayor Kirkham said that this was a complaint that the people should ca11 City Hall about. � A member of the auda.ence asked about partial payment of the assessments. The Finance Director explained that any portion over $100 could be paid up until October 31, 1969. At that time rt is turned over to the County. If paid next year, there cannot be a partial payment made, the entire amount must be paid or else proceed as usual wa.th rt added to the taxes. The Council asked Suburban Engineering if they could get the letters out to the people containing the information on the Public Hearing, and the informata.on on the cost figures as requested, to include both the estimated costs and final costs. Mr. Hamilton indicated that they could. MOTION by Councilman Harris to continue this portion of the Public Hearing to the Meeting of September 15, 1969� and to request Suburban Engineering to send out be mail the synopsis of the Council Minutes on the Hearinq for the street improvement and the explanation of the cost figures. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Alley Between Main Street and 2nd Street From 47th Avenue to 48th Avenue There was no one present to speak on this improvement. Anna Avenue: North Property Line of Lot 18, Auditor's Subdivision #78 to South Property Line of School �A member of the audience asked �ust what this entailed. The Financ� Director _ explained the unprovement and the costs. Councilman Liebl added that this street was put in south of Stevenson School and east of the apartment houses for access. w �y i,-'� ,� a i � q-� SPECIAL PUBLIC HEARING AND WORKSHOP ML'ETING OF SEPTEMBER 8, 1969 PAGE 7 Chase Island Access Road Mississiopi River to Anna Mr. James Thayer, Chairman of the Soard of Education, said that this street runs ad7acent to the school property and asked what impact it would have on the school. The Finance Director answered that the assessment is $3,291.13. Mr. Tl�ayer said that there was a letter directed to the City Engineer dated August 27, 1968 which set forth the stipulations for the granting of the 30 foot easement and one of them was that no assessments would be levied against the school, as this road is of no Uenefit to the school. Councilman Harris said that he did not think that this easement was ever conveyed to the City. Mr. Thayer answered that after the meeting with the City, the proposal was presented to the School Board and they agreed that if the letter was accepted by the City, the easement would be conveyed. He said that he would assume the terms of the letter were acceptable, since the work was started, and there was no further communication from the City. Councilman Liebl asked if the street was put in according to the terms of the letter. Mr. Thayer answered yes. Councilman Liebl commented that if there would have to be a condemnation to gain the ease- ment, the pro�ect would cost more. It seemed that there could be some compro- mise worked out. He pointed out that the improvements paid by School District #14 comes from everyones pocket. Mr. Thayer said that this was not necessarily so. The road will be used for access to the park by the entire City which is compr�sed of three other school districts. He understood that the street was going to be at grade level, however, it is 10' to 15' below at the far end. The excavations took out the good top soil and is now down to sand which is harder to maintain. Councilman Liebl said that what the School Board wants is for the assessment to go back to everyone within the City as they consider it an access road to the park Councilman Harris said that as the title has not been conveyed, either the City gets it through condemnation or take the assessment through legal channels. The City Attorney pointed out that the Pinance Director would not know how much the condemnation would run. The choice would be to take the money from the general fund, or put the $3,000 back on the other people being assessed. Councilman Sheridan read the last paragraph of the letter aloud and said that as the Administration or the Council took no action on the letter, he would have to say that the costs would have to come from some other fund. Councilman Harris asked if the School Board is sti11 willing to convey the instrument under the terms of the letter. Mr. Thayer said yes, prwiding there is no assessment as the letter states. They are meeting th� following night and can be presented to them then. MOTION by Councilman Sheridan to accept the terms of the letter from School District #14 addressed to the City Engineer dated August 27, 1968 of which each Member of the Council and the City Manager received a copy. The texms of the letter have been met, the final assessment of $3,291.13 to be removed from School District #14 as they are dedicating the right of way without any cost to the City. Seconded by Councilman Harris. Opon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. TrinitV Drive: 615t Avenue to 5tarlite Soulevaxd A member of the audience said that there was no excuse for the slip-shod work done and that he could not go along with Suburban Engineering. He invited the Representatives of the City to come down and inspect the work. Councilman Lieb1 answered that the contract covers a qualified inspector to do this. Mayor Kirkham added that any complaints should be reported to City Hall so that they can be rectified Councilman Liebl said that there were five complains on Trinity Drive that he knew of. � � , `_ `' ; SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8� 1969 PAG� 8 � Mr. M. Packard, 6291 Trinity Drive N.E., said that the sod was very bad and there was poor workmanship. He said that he felt that he has been reasonably patient, but has been waiting for completion since last October. Councilman Liebl said that the contractor has been g�.ven a dead-line, and if not com- pleted by then, the City will hire another contractor to finish the �ob. Mr. Packard said that there was someone out today, and they did an excellent �ob. Councilman Liebl said that there were many complaints of this nature, and the City Engineer is doing an excellent �ob of following them up. Mr. Packard said that do to the fact that Trinity Drive is not completed all the way up, there are some traffic problems created. Councilman Lieb1 agreed and said that between 7:45 A.M. and 8:30 A.M. the traffic is heavy and fast. He said that there would be a Police check. Mr. Packard said that they have already been up there. The City Manager explained that five minutes after he received a complaint, the order went out to the Folice Department to check the speeding in this area. 64th Avenue• Central Avenue to Arthux Street The City Engineer said that the people were given the estimate of $5.65, the actual cost is $2.88. This is a temporary street. There was no one present who wished to speak on this improvement. McKinley Street: Mississippi Street to 66th Avenue � A xesident asked what the estimated assessment was. The City Engineer said $10.73. The visitor said that this was only for a 26' street, yet they got no soc1. The City Engineer said that the assessment o£ $10.21 covered some storm sewer work also, The reason the street was 26' was to save some of the trees. There is a 50' rightof way. A member of the audience said that he liVes on the. cornex o� 66th Avenue and there are three cases that he knew of where there were 12� concrete aprons put in, Part of the driveways were concrete, but from where the driveway ends, there is crushed rock, then the apron starts. The street construction did not disturb the concrete in any way. He wondered if he was being assessed for someone elses concrete apron. A lady in the audience said that they were unable to extend their driveway down until the grade of the street was set. Mr. William Jensen said that possibly they had a private contract with the contractor, but that this will be checked out. Councilman Harris advised the man who reported this to call Dale Aamilton of Suburban Engineer�.ng. 75th Avenue Lakeside Road to Stinson Boulevard Mr. Daniel Fish, 7501 Lakeside Road said that he would like to know his assess- ments. The Finance Da.rector told him and explained the side yard assessment procedure. Mr. Fa.sh asked if, when Lakeside Road goes in, if he will not be assessed again. The Finance Airector saa.d yes, this would then be front footage. Mr. Fish asked if there was not a storm sewer assessment also The Finance Director said yes, he had 5,28D square feet and the assessment rate � is $2.15 per 100 squaxe feet. Mx. Fish said that he undexstood that living on a corner 1ot is more expensive, but he felt that this was a little high. He said that he was assessed for a storm sewer in 1962. The City Engineer said that this was for the main. Mr. Fish said that the road sank in places and there was a lot of re-work required. They had to excavate and do rt over again and at that tune he had asked for some sod, but he did not get any. Mr. Dale ;, , :� %,�� SPECIAL PUBZIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8, 1969 PAGE 9 Hamilton replied that the contract does not ca11 for sod, but that some seed will , be delivered in the fall when the weather gets cooler. Mr. Leonard Lind, 1620 75th Avenue said that he had his attorney make an assessment search when he bought his house. In 1965 he was assured that the only assessment yet to be levied would be-for a street improvement. There was some discussion on whether or not there was money in escrow, and Mr. Lind was instructed to call City Hall and this will be fully checked out. Mr. Lind said that he had an ob7ection to the workmanship also. He then came forward and presented a letter to the City Council dated September 8, 1969. Mayor Kirkham told him that he now has a complaint on record. Mr. Fish asked why when the storm sewer main was put zn xn 1962 it was not ex- tended all the way, as the road was not done then either. Now it is called a lateral. The City Engineer said that the storm sewer is assessed on an area basis. There was some additional work done at 75th Avenue and Lakeside Road. The area at the time was assessed on a main basis. When the main is extended, the assessments are on a smaller basis Generally there are two assessments, one for the main and one for a lateral. Hayes Street: 73rd Avenue to Onondaga Street The City Engineer was asked what the estimated cost and the final cost was. He replied the estunate was $10.66 per foot and the final cost was $7.99 per foot. He was then asked if the contract called for seed or sod. He answered � that if the street is dirt, then usually black dirt and seed is replaced, The reason for this is than on existing dirt streets the grass usually is not too good by the street anyhow. If the street already has some old black- top, then sod is used because the grass is usually good up to the blacktop. Onondaga Street: Hayes Street to Bacon Drive There was no one present who wished to speak. Norton Avenue: West end to Old Central The City Engineer was asked the estimated and final cost. He said that the estimated cost was $9.43 and the final cost was $7.99 per foot. 72nd Avenue: From T.H. #65 to Central Avenue The City Engineer reported that the estimated cost was $10.76 per foot and the final cost was $9.73 per foot. Universrty Avenue East Service Road From 69th Avenue to 73rd Avenue, Includina 69th Avenue Crossover on Universitv Avenue 71st Avenue University Avenue East Service Drive to Park Property Line 73rd Avenue: From Commerce Lane to 390 Feet West There was no one present who wished to speak on these streets. MOTION by Councilman Harris to close the Public Hearing on Street Improvement Pro�ect St 1968-1B except for Horizon Circle, Horizon Drive, Crown Road and Ventura Avenue which are to be eontinued as outlined earlier. Seconded by Councilman Sheridan. Upon a voice vote, all ayes, Public Hearing clesed at 10:10 P.M. , � SPECIAL PUBLIC E3EARING AND WORKSF?OP MEETING OF SEPTFI�IBER 8� 1969 PAGE 10 PUBLIC I3Et�RING ON T?3L FINAL ASS::SSNISNT RDLL FOR STREEI^ It+LnROVE- Mr.N1 PROJc�CT ST, 19'o8-2B: Mayor i:irkham stepped aown lrom the Chair, as he has some property under this stree'c improvement pro,-t�rn that will be assessed. Councilman Harris assumed the Cha�r. Mayor Haris Pro tem read the Public Hearing Notice aloud. 53rd Avenue: Nlaan Street to Univer�iL-y Avenue Mr. R. A. Freeburc„ 160-53rd Tivenue N,r�., said �hat his concrete driveway was crac3;ed. It as notv closed o�E and askecl when he can use it a�a�n. N1r. Dale Ham�1 ton ret�lied tnat the contrac�or had enga��ed anoL-her contractor to do some oi the work, but he ciid no� know ��hat nappenec? co h�m. He said that if the work is not done immec�iaiely, anotn2r contractor wi11 3J2 hired to finish the wor];. Councilman f?arr�5 said that this � paymenc would then be deaucL-ed �rom the iinal paynant due the contractor. A member or" �he audience as.ceu how thic.: the black- top was. The City En;ineer replied 3" c��ith a b" base. i'4r. Hamilton added that Lhis is a State Aid Stre2t anc] has to meet the State Aid standards. Mr. Ulalter Ol�tead, 53%7 Aliura Foad, as}cec� why he was being assess2d =or a State Aid Sireet that �s one block away from his house. Councilman L=eb1 said that if tne locs fron� on 53rd Avenue ihe assessment �s $9.53 per iooc and ior that sec�ion o� stre�� thac does no� nave 1oi.s �rontin, on it, where the streac cost is spreaci naliz�ay up c:�e b1oc;., ?t �a $1.95 per foot. He was then asned whac is ha1- ��zy up ti�a block. T'ne Financa Director said tha;. ic is based on roota�e, one nalf o= the fooca9e 'eiween two �r.reeL-� is used. Trere are not many houses faciny on 53rd Avenue in ti�is area so ii u��s �_�ured diiferently. This has been the Council aolicy for many years. one bloch rnay be only 500' lon,, buL ano�her may be 1000'. t�Lr. olsteacl seid thaL tizis is a very lon, block. a ladv in �he audience said that everyone uses Zltura aoad as an acc°ss to �'i�nway =;47. � They only have a souch sLreec, there ia no incerseccin, stree� to the north. Councilrnan Harris adc;ec� c„ac wnat these people � ; r ����a1� :, °� � 4 i SPECI[�L PUBLIC HEA°ING r1IQD 4'lORk:SHOP i�It;�T�NG Or SEP'PES�IBEF 8, 1�C39 Yg�E l� ' are saying is that there i� no east-west street at the north encl of Altura P,oad. The lady said tnat the cars come out around Horizon Drive, then or.i:o t4ain Street. NIr. NIike Lewkowicz, 5407 :11t�ura Road, saic: that when Altura Road is improved, i:hep wi11 be assessec; a�ain and wondered if the assessmenLS woulcz be s�read then on someone else. The Fznance Director sa�c� thac there woulc� be anoL-her assessment ix:r iron� fooLa;e. He saici tnat tlzere can be no guarantees that everyone cai11 be assessed equzlly. The only way that can be d one is in a new subd�v�sion N�here the developer puts an all the streeL-s at once. A meiaoer o� the auc'.�ence said thac 53ro Avenue is usec� by tiie inclustry on Main S�reec anci asked ii chey ceould be assessec7, Tne Finance Director said no, but soira� of i.he cost wi11 be made up out oi the State Aid funds. A 1ars� in the au�ience sa�d ti�at 53rd was pat in heavier to take care o= the Lruc;:� used by tiie industry, yec Lhe resideni:s have La pay for them. i�iayor Harris Pro tem eacplainea thar the streeL- is being assessed to i.lie res�den�s as a re,ula-r residential stree�. ' and the difierence betc�eer, a resiclentia� and an industr�aJ_ stree� is bein� made up by -�he SL-aLe Aip funds. lhe balance between the L-wo as about $12,000. �Ie said that as to the question of assessin, the indua�-ry, that only abutring property can be assessed accordiny to law. Councilrnan L�eb1 read the Publ�c Hearing i�linutes o� Decenbe-r: 11, 1967 alouc �o the audience and stated that tiiis was tiie Council policl then a1so. A lady in tne aud�ence said l-haL- she coulc7 see i:Yie reason F-or the policy of assess�ng ore half way up tlze block as lonc, as there was an intersecc3n, streeL- at the oc_zer end, but in tYiis cas�, tnere i� no other incersectin�, stree� anG �ne people at tne norL-h enc, wi11 not geL assessed one .ia1i way doc�n the b� ock iron tiie north. ine City �ttorney said tha� �his F7as a point w211 ta}�en an6 as}�ec, i� A1LUra P.oad �aas acsessed as a side streec when Horizon Dr�ve was impro�ed. The City n^ngineer said no. The City Actornay sa=d tnat i£ che Counc�? feE1s that everyone a11 the ��a1 uu a1�ur� �oad recei�es same bene=�t, they could be assessed; hoc�ever, there woalc have to be another Public Heur�n,. Niayar Fiarris Pro tem a�ic� chat this is an interestiny point t�zat haa been raiseci anu that zt is a ' diiferenc type oi quesL-�on, IZe said thac it would behoo��e tne Council to discu,;s �his amony themsel��es and wiLl� the City � � �- SPECIAL PUBLIC H"ir1RING aND �'iORI:SHOP P1EEiTNG Or SEPTEMBER 8, 1969 PAGS 12 Attorney. He as]ted that the City Attorn�y also cneck on the leya�ity o� this. He said that the Counc�l wi11 try to hav2 an answer ready by tne ne.;L Council hIeei�ng. He said tna� there is not enougn tirne �or a leyal publication so he asked the people present to please iniorm the nei�h�ora that it wili be disc��ussed again at the next Mee�im,. Councilman Liei�l ob�ecied �o the cons�deration o_ a cnange in policy as tnis is �he wa�� a11 streets 7ia�e �een assessed in �he pasc includin�� Vencura r�venae, Cro�r�n Road and I3orizon C_rcle. If this is done on Altura Avenue, why not oclier places as we11. The Ci�y AtLOrney saic� L-hat he did not mean to imply that he oias giviny an op�nion, ,7ust t'hac ne would 1i}ce to research �he matter, nor is he ac�visiny tiie Council o�hat to da at �his time. Counci�man Liebl anstieered 'c3iai: tne policy has been set for some time and he felt that the Council sizould ab�c;e by it. 67tn Avenue: Un�versl.cy Avenue to ,7e�ierson Stree� A1r, i�lerri]_ Jor2.ah1, 5i5-67th Avenue N.E. , said that ne nas talked to a nurnber o� people and everyon� se�rns to feel thaL they snould noi be assessed yeL- as the �ob is not done. He said that h� ��isned io re�?ster a complainc on �he sod, on tiie way zt was put in and on the o,uality. tdayor fiar�_is Pro tem said thac anyone with complaint� should call the City Hall and the City r^.n�ineer �•ri11 checi;. it ouc to see � �_ i-c can be rectified. He ad4ed Lhat before any final paz�menz is maae, all the screets wi11 be inspecced �norou,hlp. Mr. 3ames E. Thomson, 4-1i-67th Avenue N.r�., asked what the es'�imate was, what the final cosL wa.; and how much �,;�11 be paid by ine Stace Aid fund. The Cicy linyineer ana��ered �n�r� tne es,.irna�.e vaas $9.33 per root, the -=�na1 cost was $8.72 �er foot, the �ota1 cost was $49,305.49, an4 a l�ttle over $30,000 ��a� assessecl. 69�h Avenue: Old Central Avenue to S�in�on Boulevard; The C�ty �n�ineer � cost was $6.25 per was any � dea vanen Tne City En,ineer saia -chat the estimate eva� 59.16 and 'che iinal iooi. r� meZtber o� the auciience askec3 i�: �here tne concrete curb and �utier c�ould 'oe put in. said that caouid be Gon° ��11ien the area develo�s. v s v ���f �° /jr_i] /, SPECIAL PUBLIC H�,[�PING i�.VD L'TORF�SHOP 1+Li:^1Ii�G Or S:;PT6MBEF: 8, 19Efl I= the curb and gut�er v;e?-e put in no���, L-he}r would have to be torn up again for che drzvevrays. A resident asked if this was i.lien c�nsidered a ternpora�y street. Tlie Cii:y �,n�,ineer said that ihe improcemenc thac _s chere is a�ermanent 9 ton street, bui that it will be a s�a;ed°proyram. MOTIOIQ bg Councilrnan Lie;�1 �o close the uub?ic Hearin9 on the Fina1 nssessment Ro11 �or Street Im��rovement Pro�ect St. 1962-28. Seconded by Councilman ,,11er,dan. Upon a voice vote, tnere being no nays, I�Zayor Harris Uro tem declared che heariny closed at 10:�5 '?.F�I. NL�YOR F:IRI.�li1I�1 Ri,SUivIi:I� HIS C�iAIR AS NIAYOn PUSLIC HE�f:ING ON F1Nt;L �T,A= c�.S, 7¢69-09, P�i,IIr�STED BY P'IIk.i� 0 ' Bi1NNON : &Iayor F:irY>ham read the DTotice or Hearing znd as];ed i� there u�as anyane in the audience who �>>is,ied �o s��e�.k or, tiiis with no _ response. A neic�hbor of Milce 0'Bannon's came forc�Tard wi�h the planu •and said that Mr. O'Bannon had to be out �= t�m and had asked h�.m to ��resent them to tlie Council. Councilrnan Liei�l askec, i- there o7as access bot,i -rom °?ce Cree;; Rcaad znd i-irthur Street. It was pointed out that access was only iroin P.�ce Cree}; Road. NoTION by Councilman Har-ri� to close the public rlear�ng on the Final Plat P.s, �;69-G9 requested by i�Tike o'Bannor. Seconded by Councilman Liab-. Upon a voice vote, a11 tiotin•, aye, Mayor Kir];ha:a aeclarec, tne nearan, closed at 10:55 ?.M, PUBLTC %IEEll2ING ON VAC�1^1IOii ::i.�Uc,ST SAV ;'�69-0�, REQUEST�D B`I LEO O. LE:2�:L: All thaL- part o= 47th Avenue lI_n7 east o� the east riyht of way line of 3-r2 StreeL. t�iayor F:irkham zeaG t7ze Nocice oi Hearinc� and asked i� tnere w�re any comm�nts =rom the zudience. FBGE � Mr. Cornelius Warzecha, 4675 3rd Street N.E. said that he understood that there was something about a walkway. Councilman Harris said that this was right, the City will retain an easement for a walkway out to University Avenue. Mr. Warzecha said that he approved of the walkway. The City Engineer explained that there are some utilrties in the street, so the City will have to retain an easement for them. Mr. Lemke wants to put a house on Lot 30, using the land that he would gain by the vacation. There is already a house on Lots 28 & 29. 1 � s ,D � SPECIAL PIIBLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8� 1969 PAGE 14 � Lot 30 is now tax forfeit and he assumed that Mr. Lemke has an option on the lot. He said that the Planning Commission has rece�.ved a letter from 4710 3rd Street suggesting that this lot be used as a"tot lot". Mr. Lemke would have about a 68' lot wrth an easement over some of it. Mr. Lemke came forward and showed the Council some preluninary drawings of his proposal at the Council table. � u MOTION by Councilman Harris to close the Public Hearing on the Vacation Request SAV #69-D6, requested by Leo O. Lemke. Seconded by Councilman Sheridan for discussion. Councilman Sheridan asked if the alley is sti11 part of the plat, The City Engineer said yes. Mayor Kirkham asked if the a11ey is being used now. The City Engineer said not to his knowledge. THE VOTE UPON THE MOTION being a voice vote, all voting aye, Mayor Kirkham declared the motion carried, and the Public Hearing closed at 11•07 P M. PUBLIC HEARING ON THE CONSIDERATION OF A STORM S�WER PROJECT FOR THE LUCIA LAN� - 68TH AVENUE AREA: Mayor Kirkham read the Public Hearing Notice. The Crty Engineer showed the area on the screen, and explained that as the areas within the Crty develop, the drainage is increased. At the present time, a drainage sump is being use to collect the water at the north end of the proposed district. There are some problems at the north end. The road goes under water at times, and the streets in this area need improving. The K.C. Hall is proposing to add onto their parking lot and this will further add to the siunp. FIe explained that the area bounded by the black line as shown on the map would be the drainage district which would be assessed The dzainage sump has been work�.ng until now because the low land is undeveloped, but it will have to be done eventually A member o£ the audience asked if this is proposed to be done for the benefa.t of the K.C. Hall. The City Engineer answered no, that the area now collecting the water will eventually be developed also. He was then asked what the zoning was in the low lying area. He answered that it is R-3 now. Mr. W. Hitchcock, 6532 N.E. Pierce Street said that it seemed to him that the problem seems to be the street, rather than the land. The water stands in the street because there is dirt piled up between the street and the swamp preventing the water from draining into the swamp A member of the audience asked if there was no storm sewer system in this area now. The City Engineer said no, tha.s is a storm sewer district still to be set up. Every bit of land will eventually be within one storm sewer district or another There followed a lengthy dzscussion with many residents of the azea speaking as unanimously opposed to the development of the storm sewer system at this time. A Representative of the North Air Home Associatlon said that the K.C.'s had not requested consideration of the storm sewer district either. A Member of the K.C.'s said that since he has been coming to the meetings, he has noticed no problems with the water. Mayor Kirkham told the people present that it is the duty of the Counca.l to look ahead. Theze are areas within the City that have been allowed to develop, so that when a storm sewer system was installed some of the land had to be bought back for a basin and this is very expensive. r�i ' ,- � !d 'DeLi SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8, 1969 PAGE 15 MOTION by Councilman Harris to close the Public Hearing on the proposed Storm Sewer District for the Lucia Lane � 68th Avenue area. Seconded by Councilman Sheridan. Upon a voice vote� all voting aye, Mayox Kirkham declared the hearing closed at 11:35 P.M. PUBLTC HEARING ON THE EINAL PLAT REQUESSED BY WILLIAM H, GALLAGHER� P.S. #69-10 GALLAGHER ADDITION: Mayor Kirkham read the Fublic Hearing Notice and asked if there was anyone who wished to speak There was no one zm the audzence with any comments. The Crty Engineer expJ.ained that this plat is dividing the land into three lots which all meet the minimum requirements. The City is requesting a right of way easement in the southwest corner, with this dedication, the plat will still meet the City standards MOTION by Councilman Sheridan to close the Public Hearing on the Final Plat P S. #69-10 requested by William H. Gallagher. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried APPROVAL OF FINAL PLAT P.S. #68-04, GREAT NORTHERN INDUSTRIAL PARK: ' Mayor Kirkham read the Public Hearinq Notice. Mr R.H. Brokopp and another � Aepresentative from Great Northern Railway were present to discuss the plat. Mr Brokopp said that the final plat is ready for execution, and that rt is almost the same as the registered land survey the Council approved previously. The Crty Engineer pointed out that the platting ordinance requires a dedication of 15 0 of land to the City. There followed a discussion at the Council table while looking at the plans. MOTION by Councilman Harris to approve the Einal Plat for Great Northern Industrial Park, P.S. #68-04 sub�ec� to a conveyance of Lotil, Block 3 to the City, and an easement for a water line over Outlot I to Lot l, Block 3. The motion was seconded and upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carried. APPROVAL OF REGISTERED LAND SURVEY R.L.S. #69-02, EAST RANCH ESTATES, INC,: Mayor Kirkham read the Notice of Hearing. The City Engineer explained that this is the property the car wash, Superette, and the apartment houses are using. This had to go to court to settle boundry lines, and it is now ready for approval. MOTION by Councilman Liebl to approve the Registered Land Survey R.L.S. #69-02, East Ranch Estates, Inc. sub7ect to an additional dedication of the property bounded by a 50' radius on the southeast corner. Seconded by Councilman Aarris. Upon a voice vote, a11 voting aye, Mayor Kirkham declared the motion carrYed. RESOLU�ION #159-1969 - RESOLUTION CONFIRNIING ASSESSMENT ROLL FOR STORM SEWER IMPROVEMENT PROJECT #89 MOTION by Councilman Harris to adopt Resolution #159-1969. Seconded by Council- man Liebl. Upon a voice vote, all ayes, Mayor Kirkham declare the motion carried. L___J _1 . _� SPECIAL PUBLIC HEARING AND WORKSHOP MEETING OF SEPTEMBER 8, 1969 PAGE 16 � RESOLUTION #160-1969 - RESOLUTION CONFIRMING ASSESSMENT ROLL FOR WATER IMPROVEMENT PROJECT #92: MOTION by Councilman Harris to adopt Resolution #160-1969. Seconded by Council- man Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. CONSIDERATION OF E2ESOLUTION CONEIRMING ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1968-1B• MOTION by Councilman Sheridan to table consideration of this resolution to the Meeting of September 15, 1969. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declazed the motion carried. CONSIDERATION OF RESOLUTION CONFIRMING ASSESSMENT ROLL FOR STREET IMPROVEMENT PROJECT ST. 1968-2B: MOTION by Councilman Sheridan to table consideration of this resolution to the Meeting of September 15, 1969. 5econded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. ADSOURNMENT: There being no further business, Mayor Kirkham declared the Special Public � Hearing and Workshop Meeting of September 8, 1969 ad7ourned at 12:05 A.M Respectfully submitted, � �/� /% � �.Cl.�!/i`f%C-C.e�i�,.� � ti.ti ��� � r_'1 '/`�"�-c.-,,,.� uel I�lercer Jack O. K�kham Secretary to the City Council � Mayor �I