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09/19/1977 - 00014384�:',:) THE MINUTES OF THE PUBLIC HEARING P4EETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 19, 1977 The Public Hearing Meeting of the Fridley City Council of September 19, 1977 was called to order at 7•42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and aud�ence in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Mayor Nee, Councilman Fitzpatrick, Councilman Hamernik, Councilman Schne�der, and Counci]woman Kukowskt. None Mayor Nee requested two items be added to the agenda, "Receiving Letter from the Islands of Peace dated September 19, 1977" and "Consideration of the Potential Change of the Court Room to Columbia Heights." MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUQLIC HEARINGS: PUBLIC HEARING ON ASSESSMENT FOR ST. 1977-1 AND ST. 1977-2 STREET IP�PROVEMENT PROJECTS MOTIOP2 by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Pubiic Hearing. Seconded by CounciTman Schneider. Upon a voice vote, ail voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7•45 p m. The pu6lic hearing covered street improvements on Channel Road, Luc�a Lane, Dellwood Drive, Pierce Street, 63rd Avenue, TH 65 E. Service Road; Talmadge Lane, Ironton Stree�, Able Street, Hickory Street, 73z Avenue, Ashton Avenue, Dsborne Way, Alden Way, and 75th Way. Mayor Nee stated the pronosed assessment roll has been prepared under a formula which has been in effect for about 25 years in the City. Mr Sobiech, Public Works Director, stated, as noted, this is a public hearing to receive any comments and input from residents affected by the street improvement pro,7ects. He stated, if residents have any comments about the actual improvement pro,7ect, they should contact the City's Eng�neering Division. He noted the City still has funds betng retained which are to be used for sodding, driveway problems, etc Mr. Sobiech stated the City has a one year performance bond and will be reviewtng all pro�ects next year to go over all the aspects to be sure the contractor did follow the specifications and proper construction. Mr. So6�ech stated, generally, the costs for the pro�ects have run about 15% below the final estimates He noted the basic assessment cost is approximately �14.06 per foot compared with $14.08 in 1976, $14 49 in 1975; and $14.80 in 1974 Mr. Brunsell, City Clerk, stated the assessment will be spread over a 10 year period with �nterest at the rate of 7'-z%. He noted the property owner can oay the assessment within 30 days without any interest. He further stated, �f the assessment is not paid within 30 days, property owners will still have until November 15 to make payment, but �nterest will be added for the period from September 19 to November 15, 1977. 1 , , PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 2 Mayor Nee felt perhaps it would be best to revtew each improvement pro�ect in order to give residents the opportu m ty to comment on any particular pro�ect. CHANNEL ROAD - LUCIA LANE AN� TALMADGE LANE: Mr. Sobiech stated this pro�ect consisted of concrete curb and gutter, 6ituminous roadway and necessary restoration, with a front foot assessment of $14.06 and side � yard assessment of $2.64 per foot. Mr. Herrmann, Assessin9 Department, stated there are a few sewer and water services also included. Mr. Darrel Goerdt, 6610 Lucta Lane N.E., questioned the method of assessment of properties on Lucia Lane which was explained by Mr. Nerrmann. Mr. Lyle Quam, 6895 Channel Road N.E., questioned why he is paying an assessment for Lucia Lane and Talmadge Lane. Mr. Brunsell, City Clerk, stated everyone is going to pay a side yard assessment in one improvement pro�ect or another. Mr. Herr�ck, City Attorney, stated there has been a formula followed by the City whenever a street �s constructed; and in order to treat everyone equally, a decision was made that it wasn't fair to assess the person on the corner lot for both sides of his lot. It was determined, therefore, by the Council that regardless what way the house faced, the shortest footage would be considered the front and the largest footage would be the side yard. Mr. Qureshi, City Manager, stated what is happening in Mr. Quam's case, is that 2/3 of the side yard is being split up to where the road ends. Mayor Nee stated the formula used is 6ased o� the premise that everyone eventually , pays a front foot and a side yard assessment. Mr. Gordon Swenson, 6889 Channel Road N.E., stated both he and Mr. Quam wanted the road and others in the area did not; however, it now works out that they do not have a road and the others do. Mayor Nee stated he had the impression they were opposed to the street improve- ment. Mr. Quam stated the persons living on the west side of the street were the ones who didn't want the improvement. Mr. Swenson questioned why the residents on the other side of Channel Road didn't receive the assessment. Mayor Nee stated this was because they received an assessment on 68th Mr. Swenson asked if there was any time in the foreseeable future when they might get their road. Mayor Nee stated his recollection of this was that they recelved such a feedback from the people that they didn't want the road, and this was the reason the improvement wasn't done. Councilwoman Kukowski stated she understood the residents didn't want the road improved beyond 68th Avenue. Mr. Sobiech, Public Works Director, stated this pro�ect could be added into the street tmprovement program for next year. � Mayor Nee felt it would be better if a petition was received or some consent from the neighborhood. Mr. Burton Ellis, 115 Talmade Lane, questioned the side yard assessment for property owners on Talmadge. He indicated some of these residents wtll never share a side yard assessment as they are non-existent. He asked if the property owner to the east of him had been assessed. Mr. Herrmann stated these lots did receive an assessment. Mr. Ellis also indicated his concern about the dra�nage problem in front of his home. He stated he has been trying for 17 years to get the street situation corrected. Mr. Sobiech stated Mr. Ellis had contacted the Engineering Office and he indicated they wil1 send a survey crew out to his property to see what can be done about Mr. Ellis' problem I� :��% PUBLIC HEARING MEETING OF SEPTEMBER T9, 1977 PAGE 3 Mr Ellis stated he is willina to pay for paving the street and concrete curb, but Talmadge will have to be torn up in order to have it drain properly. No other person in the audience commented on the improvement projects for Channel Road, Lucia Lane, and Talmadae Lane. DELLWOOD �RIVE, PIERCE STREET, AND 63RD AVENUE: Mr. Sobiech stated this improvement consisted of concrete curb and gutter and ' bituminous roadway, with extension of some storm sewer. The front foot assessment was �16.44, with a side yard assessment of $2.33 per foot. Mr. ,lohn Carland, 6416 Dellwood Drive N.E., questioned when they would be reimbursed for the damages which occurred due to flooding. Mr. Sobiech stated the contractor was put on notice that before any final payment would be made, the damages received by the residents must be taken care of. Mayor Nee explained the front foot assessment for property fronting on Highway 65 was $19 59 per foot. Mr. Joe Randall, 1210 Mississippi Street N.E., and Mr. Leighton Clar, 1128 63rd Avenue N.E., questioned their assessment, which was explained by Mr. Herrmann. No other persons in the audience commented on the �mprovements to Dellwood Drive, P�erce Street, and 63rd Avenue. IRONTON STREET• Mr. Sobiech, Public Works Director, explained the front foot assessment for Ironton Street was $5.78. Councilman Schneider questioned why it was blocked off. P1r. Sobiech explained it ' is not a thru-way, but for private use only. No persons in the audience commented on this assessment for Ironton Street ASHTON A�ENUE: Mr. Sobiech, Public 4Jorks Director, stated this �s an P9SAS street designed to Mum cipal State Aid Standards which consist of a d0 foot wide street. He noted the assessment is $21 49 per front foot for industrial-commercial propert�es along the east l�ne of Ashton and the front foot assessment for residential and park properties is $12.72, and $1.24 per foot for side yard. Mr John Carland questioned why aTl ihe front foot assessments were not the same for these pro,7ects. Mr. Sobiech stated some streets are wider and have additional base materials. He indicated there was no restoration of driveways and no sodding required in this particular area Mr. Sobiech noted Mr. Carland's cost was slightly higher hecause of the extens�on of the storm drainage. No other persons in the audience commented regardtng the improvement on Ashton Avenue. ABLE STREET ' Mr. Sobiech, Publ�c Works Director, stated the front foot assessment for Able Street is $14.02 and that it is a commercial-industrial type street. He stated the ma,7ortty of the exist�nq base material was utilized and to bring it up to industrial street standards, it was necessary to install concrete curbing and an additional overlay. No persons in the audience commented on this improvement on Able Street. HICKORY STREET: Mr. Sobiech, Pu61ic Works Director, stated this street was made to 40 foot standards. The front foot assessment was $79.11. He indicated, in this particular case, quite a bit of extra excavation work was involved. ,,, �>> PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 4 No persons in the audience commented regarding this improvement on Hickory Street 732 AUENUE: Mr Sobiech, Public Works Director, stated the assessment for this improvement was $12.72 per front foot. � Ms. Karen Eggert, 7351 Pinetree Lane, felt this was a unique pro�ect and stated she wrote a letter to the Council last week regarding ihis matter. She indicated this pro,7ect was started by people who owned property behind them and they needed access to that property. She stated she was never opposed to them getting the access to the proper$y, but opposed to paying for someone to receive a benefit. Ms. Eggert stated the Attorney General's office advised they can be assessed, if it is a benefit to their property. She questioned what the benefit was to her property. She noted the Attorney General stated, if it increases the market value of her home, it would be a benefit. She stated the Deputy Tax Assessor in Fridley stated it will not increase the value of her home She indicated no one has given her a concrete reason how it benefits her property. Ms. Eggert stated, with Mr. Deleier's development of his property, she now has a garage seven feet from the back of their home and indicated there is more traffic Mr Herr�ck, City Attorney, stated the City's policy has not only been in existence for some time, but is followed in a ma,7ority of the communities in the State of Minnesota. He stated the Counc�l has to make a determinat�on as to whether their property is benefitted. He stated the policy has been to assess corner lots in this manner. Ms. Eggert stated in s�mZlar situatlons in Anoka, where a private developer is coming in, they do not remember a case where they have asked private citizens to pay. She stated in other cities contacted where the developer puts in the add�tion, , the developer pays for the street. Ms. Eggert stated, as far as restoration pro,7ects, they do the same as Fridley. She felt she was being asked to put out money to make a profit for the developer. P1r. Herrick indicated she is being asked to pay for a street that ad,7oins their property and didn't see the distinction Ms Eggert made between restoration and someone putting in a new pro,7ect. He stated, if the street benefits the property, it can be assessed, if it doesn't benefit, it cannot be assessed. He indicated whether it is being put in for the developer doesn't change the question of whether or not �t benefits her property. Mr. Herrick stated the question is whether the Council feels that p�ece of property is more valuable by having a new street on the side of the property. Ms. Eggert stated it is a matter of opi m on as far as benefit. She stated she is look�ng for an answer to why the Council is saying she is wrong and they are right. Mr. Herrmann, Assessing Department, stated as far as appraising property, you never have an exact answer. He indicated, to some people, a corner lot would be more valuable. Mayor Nee pointed out the Council has to have a way to handle side streets that is equ�table Ms. Eggert stated, if this was a City init�ated pro�ect, she wouldn't � have any ob�ection. Mayor Nee pointed out most of the homes built �n the City were through private developers. He indicated the Council d�d make a deviation from normal practices and made some adjustment on her assessment. Councilman Schneider stated, after talking on the phone with Ms Eggert, he seriously considered this matter and drove by the property several times. Councilman Schneider indicated he lives on a corner lot and when he moved in his home, there was a field next to him. He explained this was developed and he paid the assessment for the side street. � !' �� PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 5 Councilman Schneider stated he stood before a previous Council and said about the same things Ms Eggert is saying now; however, it is his opinion, hts home is worth more now because of the development. He pointed out that there are now well-kept, landscaped homes which would not have been possible without the street. Counctlman Schneider pointed out as a possible future development, he could run his driveway out to the side street which he felt was a potential benefit. ' He pointed out if the street had not been re-aligned, the assessment to her property would have been more and the intent of changing the street pattern was to reduce the assessment to the existing level. Mr. Eggert agreed this plan is less costly. He stated, granted he has access, but access to only the cul-de-sac. He indicated, with this plan, he gets all the traffic by his property and felt this is definitely no benefit. He also stated now he has a house overlooking his back yard and cannot see that as an asset. Mr. Herrick felt that has nothing to do vaith the question of assessing the lot. He indicated another point the Council should bear in mind, an additional principle of assessment is (1) you have to show a benefit; and (2) you have to treat all properties equally. He stated, if you get down to how this property is assessed, he's not sure you wouldn't have a question from the developer that he is not being treated equally because of no assessment on the front. Ms. Eggert stated she can see they are fighting a losing battle. She felt the Counctl should sit down and consider situations like this, as she didn't th�nk she is 6eing unreasonable She felt this was a unique situation and, if they don't feel �t is, give her a call and explain it to her. Councilman Schneider stated when Ms. Eggert says this is "un�que" because she is the only one in the City in this situation, he felt you could find 200 or , 30D cases in the same situation Councilman Hamernik stated he cannot agree this is a um que situation. He indicated the Council has had other almost identical cases. Ms. Eggert questioned if that makes it right to follow this assessment policy. Councilman Hamerm k stated it is a valid attempt to make it as fair and as equitable as possible. Mayor Nee asked the City Attorney to advise Mr. and Ms. Eggert, in the event the Council adopts the resolut�on as submitted for this assessment, what their rights would be. P1s. Egaert indicated he didn't have to since they were apparently aware of what procedures they could follow for appeal. h1ayor Nee advised they could appeal this to the courts. MOTION by Councilman Schneider to receive the letter from Mr. and Mrs. Eggert dated September 13, 1977 regarding their protest of this assessment. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously OSBORNE WAY: Mr. Sobiech, Public Works �irector, stated this street was built to Municipal , State Aid standards and design. The assessment for res�dential properties was $12 72 per front foot He stated, in this particular case, there was no restoration, no driveway improvements and no sodding. Mr. Sobiech stated, in addition, an agreement was reached with the developer to put in storm sewer to the development to serve areas to ihe west. The storm sewer is $3.61 per 100 square feet. No persons in the audience commented reagrding this improvement on Osborne Way. ALDEN WAY Mr. Sobiech, Public 4Jorks Director, explained this street was reconstructed to Municipal State Aid Standards. PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 6 „�� The portion of 75th Way from Osborne Way intersection to connect with Alden Way was $12.72 per front foot for concrete curb and additional width. Mr Sobiech stated regrading took place to insure proper drainage in the Osborne Way development. He stated the additional cost was picked up by State Aid funds. Mr. Sobiech stated that portion to the north of 75th Way esentially consisted of an additional width to residential standards and installation of concrete � curb. He explained the cost difference between the two portions was the regrading that took place to eliminate the water pro6lem. Ms. Beatrice Sorsoleil, 147 75th Way N.E., indicated the City had to obtain an easement on her land for the street and now she has a groteque lot. She indicated trees had to be removed because of blocking the vision for motorists She stated her lot has changed so much that she is now right on the street. She felt the City owes her for what they have done to her property. Mayor Nee verified her questioned was regarding the value of the condemnat�on settlement. Ms. Sorsoleil felt the settlement was unfair. Councilman Fitzpatrick felt this was a different point since it involves the devaluation of her property and the chief item this evening is for the amount of the assessment. Councilman Fitzpatrick stated he agrees this street does not add to the value of Ms. Sorsoleil's property. He felt the street certainly did change the character of her lot and felt it would 6e a separate consideration from the assessment hearing. Mayor Nee questioned how much property the City had taken Mr. Sobiech stated three to four feei was widened from the existing roadway. Mr. Sobiech stated he is aware of Ms. Sorsoleil's concern and has been in contact � with her and hopes to continue discussions until they reach an agreement. Ms Eggert, 7351 Pinetree Lane, stated one Councilmember stated he can definitely see that this road doesn't benefit Ms. Sorsoleil's property. She stated that by putting the road at 73z, it has put a house closer to her property than if the road had 6een constructed as originally planned. Counc�lman Fitzpatrick stated he was referring to devaluation of the property value, not assessment of the road. He indicated to Ms. Eggert that he personally does not feel that their property was devalued. He felt Ms Sorsoleil's problem is that the road got too close to her home and changed the character of the lot. Mr. Herrick stated the distinction here is that the City acquired some property that wasn't in the road right-of-way. Mr. Thure Erickson, 7515 Alden Way, spoke in Ms. Sorsole7l's behalf and felt she should receive some consideration. Mr. Anthony Hogen, 133 75th Way, questioned the difference in the 75th Way and Alden Way assessment. Mr. Sobiech stated the major difference was in redesigning the profile on 75th to eliminate the collection of water. Mr. Hogen pointed out this was � graded down by the Engineering Department and that he is now paying for something they had done in 1967 Mr. Sobiech stated, when the street was constructed, there was a su99estion to put in a storm sewer, but that portion of the pro�ect was eliminated. Mr. Hogen felt it was eliminated at that time because of the conflict with the pipes of the St. Paul Water Works. Mr. Qureshi, City Manager, stated in 1967 when the road was proposed for improvement, a storm sewer was proposed. The residents did not want the storm sewer, but wanted the road and a temporary road was put in with no curb and gutter. He explained the area to the north of 75th Way along Alden Way did pay over $6 per 100 square feet for storm sewer. The storm sewer was constructed on Alden Way and the restdents paid for it. Mr. Qureshi expla�ned the dtfference tn assessment .�( �e hP PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 7 is that the residents on 75th Way are getting extra charge for the storm sewer for which they have not already paid. Mr. Hogen stated he bel�eves the reason the storm sewer was voted down was that Mr. Eliis was asked to contribute to this on their street and they did not wish to have it He indicated the residents in their block wanted a street badly because of the dust. Mr. Hogen stated the street, as it looks now, is good. Mr. Bob Toner, 7598 Alden Way N.E., questioned the assessing of the west side of the street only. Mr. Quresh� stated there �s no potential of additional storm sewer on Alden Way as it is complete. Mr. Franz Flath, 91 75th Way, questioned when Osborne will be open. Mr. Sobiech stated they are working with the Anoka County Highway Department to improve this signal and are waiting for final parts. He stated �t is anticipated to be completed within the next few months. Mr. Flath also requested speed signs be installed. Mr Thure Erickson, 7515 Alden Way, questioned why the St. Paul Water Works wasn't assessed for more costs. Mr. Herrick stated he believed property that is being used strictly for conduit would be very difficult to assess as you don't have a vehicle for showing benefit. Mr Sobiech explained there was an exchange of parcels with the St. Paul Water Works relinquishing two parcels to the City and the City relinquishing one parcel. No other persons in the audience spoke regarding these street improvements. MOTION by Councilman Fitzpatrick to close the Public Hearing on the assessment for St. 1977-1 and St. 1977-2 Street Improvement Pro,7ects. Seconded by Councilman Hamernik. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Heartng closed at 10:05 p.m. PUBLIC HEARING ON ASSESSMENT FDR ST. 1977-3 STREET IMPROVEMENT PROJECT: MOTION by Councilwoman Kukowskt to wa�ve the reading of the Public Hearing notice and open the Publtc Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 10:05 p.m. Mr. Sobiech, Public Works Director, explained this pro,7ect involves the �mprovement of the street surfacing, curb and gutter, storm sewer and signal �nstallation on East River Road from Interstate 694 to approximately 61st Way. Mr. Sobiech stated the East River Road improvement consisted mainly of curb and gutter construction amounting to a front foot assessment of $8.63. He stated there was a signal installed and this cost was picked up by the General Fund supplied by the MSA development fund. In con�unction with this improvement, Mr. Sobiech stated there was a west frontage road improvement involving mostly the Georgetown Apartments and Lynwood Manor Nursing Home. This assessment amounted to $13.84 per front foot. Mr. Sobiech stated, along with the roadway improvements, there was a storm sewer and the benefitting properties received an assessment of $1.99 per 100 square feet. No persons in the audience spoke regarding this assessment. MOTION by Councilwoman Kukowski to close the Pu61ic Heartng on assessment for St. 1977-3 Street Improvement Pro,7ect Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Publ�c Hearing closed at 10 DS p.m. ' 1 l J � � � , PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 8 PUBLIC HEARING ON ASSESSMENT FOR WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT N0. 121• MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearin9. Seconded by Counc�lman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared ihe motion carried unanimously and the Public Hearing opened at 10:08 p.m. Mr. Sobiech, Public Works Director, explained this pro,7ect involves the construction of sanitary sewer and water laterals and services and storm sewer in the area of 73z Avenue from Pinetree Lane east to the cul-de-sac. The assessment for water lateral �s $11.38 per front foot with water service at $305.80 per service. The assessment for sewer lateral is $9 50 per front foot with sewer service at $206.38 per service. Mr. Sobiech stated there was some overlapping drainage dtstricts and all the storm sewer projects that affect this area were taken into account and appropriate credit given to storm sewer paid previously. The assessment for storm sewer was $4.34 per 100 square feet less previously assessed storm sewers. Mr. Vince Tappe, 1600 Onondaga Street, questioned who determines if the water from his property will run into the storm sewer. Mr. Sobiech explained, when houses are constructed, they try to have the front yards drain out into the street. He indicated this whole general area slopes to the west He �ndicated the City will mo m tor how the grading takes place in the Deleier Addition Mr. Tappe questioned if any money for h�s property was supposed to be put in escrow for this purpose. Mr. Herrick su9gested he check with his mortgage company on this matter. Mr Tappe stated he understands they have an assessment for only one storm sewer, but the questlon is if it is beneficial to him. If so, he doesn't m�nd paying for it. Councilman Schneider questioned the difference in the estimated cost of $31,323.44 and the final cost of $34,618.72. Mr. Sobiech explained this difference of approxt- mately $3,000 involves the amount previously assessed for storm sewer No other persons in the audience spoke regarding this assessment MOTION by Counctlwoman Kukowski to close the Public Hearing on assessment for Water, Sanitary Sewer, and Storm Sewer Improvement Pro�ect No. 121 Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10 20 p.m. PUBLIC HEARING ON ASSESSMENT FOR TREATMENT AND REMOVAL DF TREES (1977) MOTIDN by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 10 20 p.m Mr. Brunsell, City Clerk, stated the assessment for tree removal will be spread over a five year period at an interest rate of 7i% He explained the last half of 1977 is not included in this assessment roll. No persons in the audience spoke reqarding this assessment MOTION by Councilwoman Kukowski to close the Public Hearing on assessment for treatment and removal of trees. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10•22 p.m. PUBLIC HEARIN6 ON ASSESSMENT FOR WATER AND SEU)ER MA LATERALS, AND SERVICE MOTION by Counctlwoman Kukowski to waive the reading of the Publtc Hearing not�ce and open the Publ�c Hearin9. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 10 22 p.m. , PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 9 Mr. Brunsell, City Clerk, explained all properties tnvolved in this assessment have signed an agreement agreeing to the principle of these lateral charges. Mr. Herrmann, Assessing �epartment, stated the property owner in Auditor's Su6. #77, Lot 16, Parcel 2060 has made payment to the City in the amount of 51,545. Mr. Brunsell stated this parcel should still be included in the assessment roll; , however, the funds are here to cover this assessment and it will be handied admi m stratively No persons in the audience spoke regarding th�s assessment MOTION by Councilwoman Kukowski to close the Public Hearing on assessment for water and sewer mains, laterals, and service connections. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pu67ic Hear�ng closed at 1D.25 p.m. RECESS: Recess was called by Mayor Nee at 10:25 p.m. RECON�ENED: The Council reconvened at 10 40 p.m. All Councilmembers were present. PUBLIC HEARING ON 1978 BU�GET INCLUDING AMOUNTS TO BE BUDGETED FOR REVENUE SHARING MOTION by Counc�lwoman Kukowsk� to waive the reading of the Public Hearing notice and open the Pu61ic Hearing. Seconded by Councilman Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 10 40 p.m. , Mr. Quresht, City Manager, reviewed the appropriations for General Government, Public Safety, Public Works, Recreation, and Reserve amounting to a total of $3,962,664. The appropriations for "Other Funds" was also reviewed, amounting to a total of $369,713, with a final total of $4,332,377. Mr. Qureshi explained this budget proposes a mill levy of 14.8 which is close to the levy for 1977 He stated, if the same mill levy is maintained, because of changes in the assessed valuation formula, the property owners would see a reduction in taxes for all homes valued to 330,000, if this budget is adopted. He pointed out that he is speaking for local City government taxes; however, if all government un�ts maintain the same level, the property owners should receive a reduction in taxes for the first time in the City's history. Mayor Nee stated the Council has worked on the budget for four or five months on a program basis, evaluating vartous componants of the proposal. He stated, under the Charter, the City P4anager has the responsibility of proposing a balanced budget. Mr. Qureshi then reviewed the revenue sharing funds which the City hopes to receive in 1978 amounting to $186,520. He outlined the vaious proposed uses of these funds Mr. Qureshi explained the anti-recession funds, which are a supplementary fund, in the amount of $9,036 have been allocated to Parks and Recreation. Mayor Nee stated there are no new programs, no increase tn permanent staff with ' the possi6le exception of two police officers He stated the Ctty has been contracting w�th other governmental agencies for CETA personnel and the City now has about 30 people working under this program in a variety of pro,7ects. These people are financed by Federal grant funds. Mr. Qureshi stated the CETA people are being used in areas where the City probably wouldn't be able to venture, if they had to rely on their local resources. Some areas where these persons are being used are in housing, senior citizen programs, and teen programs No persons in the audience spoke regarding the budget MOTION by Councilwoman Kukowski to close the Public Hearing on the 1978 Ctty Budget. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10.57 p m. � i� J_ �l i �U�LIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 10 CONSI�ERATION OF A REQUEST FOR VARIANCES BY INDUSTRIAL SPRAY PAINTING, 200 IRONT�N STREET N.E. BY AL TOEWS: Mr. Sobiech stated this is a request for variances by Industrtal Spray Painting at 200 Ironton Street. The first variance being for reduction of the rear yard from the required 25 feet to 0 feet. It stated this affects the Burlington Northern Railroad. The second variance requested is to reduce the front yard setback from 100 feet to 14 feet to allow construction of an entryway. Mr. Sob7ech stated the reason the 100 feet was required is because of the fact that there is residentia1 zoning across the street. He stated, however, the present building as �t exists is only 34 feet from the property line. Mr. Sobtech stated the Appeals Commisston heard this item at their August 23 meeting and unanimously recommended approval. Mr. Sobiech stated �t should be pointed out that there are definite improvements being requested and agreed to by the petitioner. He explained there would be improvement of the front elevation ad,7acent to the resident�al property together with sidewalks and shrubhery, an mansard roof and direct customer traffic to the front of the building. The south side will have a parking lot improvement with concrete curb and blacktopping Mr. Sobiech felt the petitioner is 6eing asked to make sig m ficant improvements to the property and this should be an improvement for the netire neigh6orhood. Councilman Fitzpatrick asked if the City and the petitioner have agreed on a landscaping plan. Mr. Sobiech stated the actual species of shrubs have not yet been determined, but hoped for some rather hardy stock for the front and screening for the residential area. No persons in the audience spoke for or against this request for the variances. � MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant these variances with the stipulation that landscaping, screening, curbing, 6lacktopping and all other necessary improvements be made Also, to concur with the Planning Commission that it is the feeling this variance is being granted within the spirit and intent of the City ordinances. The amount of add�tional space being requested is for purposes of improving this industrial property and provide a better appearance for the residential area and to also try to reduce vandalism. Further, through rezoning and road re-alignment, more severe requirements were placed on this property than had been in the original City plan since the property across the street at one time was not residential. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � DISCUSSION REGARDING SUBMITTING PRELIMINARY APPLI IR FRIDLEY'S INTENTIONS Mr. Qureshi, City Manager, submitted a proposed outline of a letter to be sent to Mr. Dick Brown, Minnesota �epartment of Transportation, regarding Fridley's intentions for a proposed paratransit system. He requested comments from the Council regarding th�s outltne. Mayor Nee stated he understands, at this time, the State is only requesting an out�ne of the City's intentions. Counctlwoman Kukowski asked if this matter would again come back to the Council. Mr. Qureshi indicated this is only a request for a preltminary appl�cation and would definitely come back to Council at a later date. MOTION 6y Councilwoman Kukowski to approve submitting the preliminary application for Fridley's intentions for a proposed paratransit system. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the mot�on carried unanimously il��"� PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 LUTION N0. 102-1977 - CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT �m� � nn�n cr �m� n nncnc .� i. i� i i- i n i v � PAGE 11 MOTION by Councilwoman Kukowski to adopt Resolution No 102-1977. Seconded by Counci7man Hamernik, Upon a vo�ce voie, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 103-1977 - CONFIRMI�JG ASSESSMENT FOR STREET IMPRO�EMENT PROJECT ' ST. 1977-3: MOTION by Councilwoman Kukowski to adopt Resolution No. 103-1977. Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee dec]ared the motion carried unanimously. RESOLUTION NO 104-1977 - CDNFIRMING ASSESSMENT FOR WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PRO�ECT N0. 121• MOTION by Councilman Schneider to adopt Resolut�on No. 104-1977. Seconded by Councilwoman Kukowski. Upon a voice vote, ail voting aye, Mayor Nee dec7ared the motion carried unanimously. RESOLUTION N0. 105-1977 - CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOUAL OF TREES 1977 : MOTION by Councilman Hamernik to adopt Resolution No. 105-1977. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously RESOLUTION N0. 106-1977 - CONFIRMING ASSESSMENT FOR 1977 WATER AN� SEWER MAINS, LATERALS, AND SERVICE CONNECTIONS: MOTION by Councilman Fitzpatrick to adopt Resolution No. 106-1977. Seconded by ' Councilman Hamernik. Upon a voice vote, all voting aye, P1ayor Nee declared the motion carried una m mously. COMMUNICATIONS: GENERAL TELEVISION, INC ADDITION TO CHARACTER GENERATOR: Mayor Nee stated General Television, Inc. has submitted a letter regarding the character generator the City is now using. The request is for the City to add one memory at a cost of $623. Mr. qureshi stated, in discussions with Mr. Hengerford, he wanted a guarantee from the City for use of the character generator for at least five years, w�th the condition that if they need it, they would pay the City back at the rate of $125 pei year for each year it wasn't used. Councilman Hamer m k asked �f this would satisfy the desires of the Cable Televtsion Commission. Mr. Qureshi stated, basically, this is the same as what the City is now doing. He stated the Cable Telev�sion Commission is aware of this request and he felt there wasn't any problem. If there was, however, they wouldn't proceed. MOTION by Councilwoman Kukowski to purchase the character generator board for $E23 with the condition of working out the five year lease agreement with General Tele- � vision, Inc. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. LETTER FROM ISLANDS OF PEACE �ATED SEPTEMBER 19, 1977 REGARDING ANOKA COUNTY ASSISTANCE MOTION by Counc�lwoman Kukowski to refer this communication to adm�nistration for their recomnendation. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � , _�1 PUBLIC HEARING MEETING OF SEPTEMBER 19, 1977 PAGE 12 CONSI�ERATION OF THE POTENTIAL CHANGE OF THE COURT ROOM TO COLUP1BIA HEIGHTS Mr. Qureshi, City Manager, stated he has had discussion with Commissioner Mike Q'Bannon regarding this proposed change. He stated the County's intent is to consolidate all the court functions in Columbia Heights and Anoka. Mr. Herr�ck, City Attorney, indicated he could contact the 7udges to obtain thetr input and feelings on this matter. He suggested perhaps the Council should contact the County Commissioners regarding their feelings. The Council agreed to have the City Attorney check into this further and submit his findrngs at a future meeting. INFORMATION FROM CI7Y CLERK REGARDING TAX LEVIES Mr. Brunsell, City Clerk, stated, if the mill rate was the same, everyone will receive a reduction in taxes regardless of the value of their property. Councilman Hamernik felt it would be prudent fiscal policy to increase the mill rate and malntain some reserves. Councilman Schneider concurred with Councilman Hamernik's comments. Mayor Nee indicated he felt they should stop the downward trend on the reserves. Counc�lman fttzpatr�ck pointed out, a budget was presented that the City could provide for by transfer from reserves. He felt the Council asked for a report on what the history of the reserve fund has been and he had in mind a one page candid report on this. He would agree you cannot afford to rob the reserves too badly and felt perhaps this might be a good time to make the ad�ustment when taxes are actually q_oing down. Councilwoman Kukowski also generally agreed this may be the time to make the ad�ustment in the tax levy. BINGO OPERATIONS: Mr. Brunsell, City Clerk, asked if the matter of bingo operations could be discussed at the Octo6er Conference Meeting so that he could not�fy the establishments involved. The Council agreed it could be discussed at their next Conference Meeting. ADJOURNMENT: MOTION by Councilwoman Kukowski to adjourn the meeting Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of September 19, 1977 adjourned at 11 38 p.m. Respectfully submitted, //� 1 ,. J, C/�G -47�"L' C' : �-Y/�BF"" L-' Carole Haddad Secretary to the City Council Approved: r / �� William J. Nee Mayor