The URL can be used to link to this page

12/11/1978 - 5752FRIDi.EY CITY COUNC I L PUt�LIC HEARIiJG MEETING - DFCEi�1BER 11, 1978 - 7:30 P,i`1, ii'cM0 T0: DEPARTMENT HEADS FOLLOt7ING ARE THE rrACTIOi�S ?�EEDED'�, PLEASE HAVE YOUR ANSWERS BACK 1N THE CIFY ��ANAGER�S OFFICE BY �'fEDNESDAY BEFORE THE _ NEXT REGULAR COUNCIL t1EETING� THANK YOU, 12/20/78 Adopted as presented PUBLIC HEARI�JGS. PUBLIC HEARING ON STREET IMPROVEMENT PRaJECT ST� ST. 1979-2 CMSas} AND ST, 1979-4 (csAH) AND RECEIVING COMMUNICATION FROM BURLINGTON P�ORTHERN OBJECTING TO IMPROVEMENTS, � . . , , , , , , , , 1979-1, ,.,,, 1-1C Hearing opened 7:38 P.M. Closed 10:50 P.M. � Communication received ACTION NEEDED: Prepare appropriate resolutions for next regular meeting. Delete Arthur Street improvement and sidewalk on East River Road. East River Road should have heavy landscaping on the sides and in the center median. Median should be concrete surface in the narrow areas. PUBLIC HEARIN6 ON WATER AND SEWER INtPROVEMENT PROJECT i�IZ6 � � � . � � . . � , � , � , � - � � . � � � � � � 2 Hearing opened at 10:50 P.M. Closed at 10:52 P.M. Communication from Qurlington Northern objecting to improvement received. ACTION NEEDED: Prepare appropriate resolutions for next regular meeting 1 i OFFICIAL PUBLICATION CITY OF FRIDLEY (EXtiIBIT A) NOTICE OF HEARING ON IhfPROVEMENTS STREE7 IMPROVEMENT PROJECT. 5T. 1979-t, 2.E 4 1PHEREAS, the City Council of the City of Fridley, Anoka County, Minnesota, has deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NO{V, THE$EFORE, NOTICE IS HEREBY GIVEN THAT on the 11th day of December , 197g at 7:30 o'clock P.M. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. " The general nature ot the impmvements is the construction (in tfie lands and streets noted below) of the £olloiaing improvements, to-wit: CON5TRUCTION ITEbf Sireet improvements, including grading, stabilized base, hot-mix bttuminous mat, concrete curb and gutter, sidewalks, storm sewer Sysiem, water and sanitary sswer services and other facilities located as follows: ST. 1979-t 70th Way Locke Lake Road Hickory StreeY 63� Way 63rd Way 6S} Way Ashton Avenue ST. 1979-2 (MSAS) 6isL Way 57st Avenue Main Street Arthur Street ST. 1979-4 (cSAH) East River Road to Hickory Drive East River Road to Hickory Street Locke Lake Road to 69th Way East River Road East io Ashton Avenue fast River Road East to Ashton Avenue East River Road East to Ashton Avenue 64th Way to 51st Way East River Road East to Ashton Avenue 4th Street to 7th Street Osborne Road to 77[h Avenue Mississippi Street South to fnd East River Road Charles Sireet to 64th Way Notice of Hearing St. 1979-t, 2 s 4 .. ._ . . - ��. ; N EST'IMATLD COST . . . . . . . . . . . . . . . . . . . . . . . . � 1.219.393.44 THAT THE AREA PROPOSED TO BE ASSESSED FOR SAID IbiPROVE�fENTS IS AS FOLIAWS: For Construction Item above - All of the land abutYing upon said sireets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the benefits received by such improvement. . Rhat should the Council proceed with said improvements they will consider each separate improvements, except as hereafter othenaise provided by the Council all under the following authority, to-wit: Alinnesota Statutes 1961, Chapter 429 and laws amendatory thereof, and in conformity with the City Charter. DATED THIS 20th nAY Or Novem6er Publish:. November 29, 1978 December 6, 1978 197 8, BY ORDER OF THE CITY CAUNCIL. MAYOR - WILLIAM J. NEE lA � BURLINGTON NORTHERN PROPERTY TAX DEPARTMENT December 6, 1978 Mr. Nasim Qureshi City ?�4anager - City Iiall 6431 Uni-ersity Ave. N. E. Fridley, Diinnesota 55432 Dear Mr. Qureshi: 176 East Fifth Street St. Paul, Minnesota 55101 Telephone (612) 298-2435 1 B �- Enclosed is a protest by the Burlington Northern objecting to the following improvements: Sewer F� Alater Imp. #126 - East River Rd, to Ashton Ave. Street Imp. 1979-I - Ashton Ave., 64th to 61st Street Imp, 1979-2 - 61st Tday, E. River Rd, to Ashton Ave. The Burlington Northern feels the proposed improvements will not benefit the property af Burlington A'orthern. Please present this their consideration December 11, 1978. protest to the City Council for at the public hearing to be held I appreciate your attention to this matter. Yours very truly, . A1. Herol��iG�� Tax Agent JMH:md encls. cc: bir. Mervin Hermmann City Assessor-City Hall 6431 University Ave. N.E. Fridley, '�4innesota 55432 City Council City of Fridley, Minnesota P R 0 T E S T The Burlington Northern is the owner of more than 50$ of the frontage on the fo1loF�ing improvements: Sewer � Water Imp. �126 - E, River Rd, to Ashton Ave, Street Imp. 1979-1 Street Imp, 1979-2 - Ashton Ave., 64th to 61st - 61st �ay, E. River Rd, to Ashton Ave. The Burlington Northern protests the construction of each of these improvements. While the construction of Ashton Ave. may be of some benefit to the residential property owners, it can in no way benefit the property of the Burlington Northern. The improvements proposed for 61st iVay may or may not benefit the property of the Burlington Northern. are unneeded and unwanted at this time. Hozaever, they Respectfully submitted by: �o�'�'T' everson Di ector�Property Taxes � Burlington Northern Inc. 1C _ ' `�'ir�- _ _ ��m-�„�.6 ___ __ .� (�,a _ . _: _ � PUBLIC HEARIN6 MEETINC - 12/11/78 �� ]�� -�� / _ � �v � �� _ �CRrt��nl fi � _ ._ �n�� r ; � . ;. �-a�-,�� o _ (.`� 7'H r.J x} � .� 9 - CD3 �a l� p�y �9-63% ��-�� .�yi � ��-��_�. � _�s��3.; �s� �� , �� ,��.��.�.� �7 i y Y ��W- `�,,.,�-�e , ' Go-Ga"'��,ar,�f �- , _ , - .. .. .. _...._ ... .... � � S'— 63��U� �� . w�� ,�� __ _ __ _ �Y bHtss�,l 68�? N�c�o��STnI�. � � �� l O a-t� "�eda.-_ / /3/ ,Q�� t V � r `�,�2?�� J'o� J� �� `Z�J ;�. [ � ,-.��` i� ' � ��; � � l P � _�-=t�=�-h ' ` '� � ' a�r� i s� �,� �� , �; , `a..;� E, � ��- ,< ... �` � � �� _ /Y�' �, '� , -- n lY� �� « _« __ _ �q2�i \i/U�Q� i � �:_ u _ r k � - . �� `2�.�-�e /Y�� y,� �: %l� � � �, � �o- �a✓� w� �-�° -- - — __ �- � r - � �.-Z �a;� �� _. �� i / � � /� - i r �- Z / �.-Z � 1 / ' �- , , ` 1 �. r ��z- � / � / 1 / _; i / � /� � _ _ _ % �� y��..� �-� 3 . _ ; ��,� ��.; � �� _ //` � _ __ _ � i2� �-�"'� __ ��o� /��''� _ , r��°�� o,ro sr� f� �� _ �J � 3 �� -= _. _ - - �� -- ��.�,� s7 y/ � ti _ ._ ;,�'/�� -,��, l� - �-� �c� _--_ _� 6�� o_ �32� w� _. _ G'-r'-u./�� //d -6 .� � /�/ � - _ //�- 6��G ��'/ �z�� `� ��-�r/� �r-��-�-L G � I7 �<�%, �� , , �__ �-�... - ii�, � _ _ �� /��- � 4� � i��e ,U c I�oa —��`' ��, D�J,�' � � y 5�� - G y +`' �_ ?�/. � . �_ `yy}- - � Y 6�,� � �-- ?�,,� _ ��50 �s��',�e. %C�. ) �, w �,,�„�� j �{S.3- !v ��f� i+,t /%� � ` � �� 1`��3 �� vy�-_A�.��_ l ��9-�G° �z�� S �i,/ � �� r � � � � _ � _ -�-_ �_ � �- / � / � � �. / � � � 1 � �� . FRIDLEY C1TY COUNC i L PUBLIC HEARIiJG MEETING — DECEi'IBER 11, 1978 — 7:30 P,M, PLEDGE OF ALLEGIA�JCE: ADOPTION OF AGEfdDA: PUBLIC NEARI�JGS: PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST, 1979-1� ST, 1979-2 (MSas) AND ST, 1979-4 (csaH) AND RECEIVING COMMUNICATION FROM BURLINGTON NORTHERN OBJECTING TO IMPROVEMENTS� � � , , , , , , , , , , , , , , ], - j C PUBLIC HEARING ON WATER AND SEWER IMPROVEMENT PROJECT t�IZ6� � � � � � � � � , � . � � � -� � . � . � � � � Z 1 2 OFFICIAL PUDLICATION CITY OF FRIDLEY (EXHIBIT A) NOTICE OF EtEARI;JG ON IAIPROVEDtENTS SEWER AND WATER IMPRDVEMENT PROJECT N126 WtiEREAS, the City Council of the City of Fridley, Anoka County, hfinnesota, h as deemed it expedient to receive evidence pertaining to the improvements hereinafter described. NOIY, Tf�REFORE, NOTICE IS HEREBY GIVEN THpT on the ��th day of December , 197g at 7:30 o'clock P.D9. the City Council will meet at the City Hall in said City, and will at said time and place hear all parties interested in said improvements in whole or in part. - The general nature of the improvements is the construction (in the lands and streets noted below) of the following improvements, to-wit: COI�STRUCTIO:�` ITEM Watermains, sanitary sewer laterals with service connections and appurtenances located as follows: 61st Way East River Road to Ashton Avenue ES1'IbtATED COST . . . . . . . . . . . . . . . . . . . . . . . $ 17.z85 THAT THE AREA PR�POSED TO BE ASSESSED FOR SAID IbiPROVF��IENTS IS AS FOLIAIVS: For Consiruction Item.above All of ;he land abutting upon said streets named above and all lands within, adjacent and abutting thereto. All of said land to be assessed proportionately according to the beaefits zeceived by such improvement. That should the Council proceed with said improvements they will consider each separate improvements, except as hereafter other�aise provided by the Council all under the following autlzority, to-tuit: Diinnesota Statutes 1961, Chapter 429 and la�vs amendatory thereof, and in conformity with the Ciiy Charter. DATED TIiIS 20th DAY OF November Publish: November 29> 1978 December 6, 1978 197$ , BY ORDER OF T}iE CITY COU,CCIL. D1A]'012 - W��LIAM J. NEE 3 CITY OF FitIDLEY MEMORANDllM TU: NASiM M. QURESHI, CITY MANA6ER, AND CiTY COUNCIL Fl2(iM: MARVIN C. SRUNSELL, ASbT. CITY MGR./FIN. DIR. Si18JECT: LICENSE A&REEMENT FOR SNOWMOBILING ON BOB SCHROER'S (SEARS') P320PERTY 6ATE: D�CEMB�R 7, ]�78 The attached License Ayreement would authorize snowmobiling on the parc2l vf iand #ormerly known as tfie 5ears' property. Tfie agreement provides that 't�� City wi17 carry public liability insurance in tfie amount of $1,OOQ,000, an�1 tt►at said insurance wil7 cDVer and protect the 7icensor from any and a13 �laims. Tt�as agr�eement i3 identical tn t#�e �ne that was signed one .�*ear ago between t#ie City of Fra�lley and Sears. Tt+� �ction ne�ded i� autt�orization to sign the iic�se Agreement. d�:�fi _ ..__. _ _.._._. .__.. ... _ -- -._ . _ .. -,;._ L3LENSE AGREEMENET � TNIS AGREEMENT, Made this llth day of December , �g7g, between ROBERT H. SCkROER, hereinafter sometimes called "Owner" and sometimes referred to as "Licensar,• and the CITY OF FRIDLEY, MINNESOTA, Aereinafter calied "Licensee"; YITNESSETH• THAT NNEREAS, Licensee proposes to sponsor snowmobiling activity in the City of Fridley, Minnesota; and ik1EREAS, Owner is the fee title holder of an unimproved parcel _ _. .. 3 A , of land on vrhich Licensee proposes to have the snowmobiling operate, said parcel, heretnafter called °Owner's Land," is 7ocated at 73rd and University Avenue, N.E.., Fridley, Minnesota, and is legally described as: Lots 7, 2 and 3, Revised Auditor's Subdivision N. 77, - -�Anoka County, Minnesota and the Northwest quarter of � Lhe Southwest quarter, the Southwest quarter of the � Southwest quarter Section 71, Township 30, Range 24, Moka County, Minnesota, except streets and'highways, and su6ject to various easements of record. . NOW, TNEREFORE, In consideration of the sum of One Dollar ($1.00) pnid by each party hereto to the other, and other good and valuable considera- tions, the receipt whereof being hereby acknowledged, the parties hereto agree as follows: 1. (a) Licensor hereby grants to Licensee the right and license to laate and operate its snowrtnbiling on Owner's Land for the periad December 71, 1478 up to and including �r;l 30. 197�, subject to all of the terms and conditions hereof. (b) It is expressiy understood that ttc>��oa �n� n e.e.. appropriate signing to advise the public and to pratect the adjacent residential area on the morning of _Decem6er 12. 1978 , and shalt completely dismantel and t�emove all signs, equipment and'property on ar before midnight af April 30. 7979 (c) It is further expressly understood that any gambling activities and the sale and/or consanption of alcoholic beverages on or about Owner's Land shall be prohibited during the term of this Agreement. . (d) lScensee expressiy agrees that Licensee shall keep Owner's Land in a thoroughly clean and neat condition aL all times and shall elean atl debris from Owner's Land daily during the term of this Agreement, and further expressly agrees that Owner's Land shall be cleaned up and restored to the same condition as it was in preceding the setting up, operation and dismantling of said snowmobiling no later than midnight of �ril 30. 1979 (e) Notwithstanding the foregoing, it is expressly under- stood that at any time after giving five (5) days notice to Licensee. Licensor shail have the right to terminate this Agreement. 2. (a) Licensee expressly covenants and agrees that Licensee vill obtain, at its sole cost and expense, alt necessary licenses and permits required for the operation of said snowmobiling and Licensee agrees that it will observe alt applicab7e Federal, State and local laws, ordinances and regulations, during the tem� of this Agreement. (b} Licensee further expressly covenants and agrees that arrangements will be made, in advance, for adequate police and fire � proteetion during the term of this Agreement. 3. Licensee agrees that it does not and shall not claim at any time aqy interest or estate of any kind or extent whatsoever in Owner's Land by virtue of this Agreement, or its occupancy or use hereunder. No assigmient of this Agreement or any interest therein and no sublicense for ar�y purpose shall be made or granted by Licensee without the prior Mritten consent of Licensor. 4. Licensee hereby further agrees to protect, defend, hold harmless and indeimify Licensor from and against any and all claims for death of, or injury to, persons or damage to property, or any action of any kind or nature which may arise out of or in connection with the installation, operation, maintenance, repairs or removal of Licensee's equipment, or be incurred by Licensor as a result of Licensee's use or otcupancy of Ovmer's Land under this Agreement, or the presence of any , penon thereon, or any accident which may occur in, on or aDout Owner's Land or which may arise out of or be incidentat to the installation. operation, nwintenance, repair or removal of Licensee's equipment or -P- � 1 the use or occupancy thereof, unless such damage or�Snjury is caused by the sole neglS9ence of Licensor, its emplayees or agents. 5. Licensee shall not allow, suffer or permit any liens, claims or encumbrances to attach to or against Owner's Land or against any of Litensee's equipment which may be installed an Owner's Land which may arise out of the Snstallation of Licensee's equipment. In the event any such liens, claims or encunbrances should so attach, then Licensee shall lmeediately take such steps as may be necessary to cause such liens, Naims or encumbrances to be released or discharged. 6. Licensee a9rees that Licensar shall not be tiable for any damage to Licensee or any property whatsoever of Licensee because of the alleged negligence of Licensor ar of any emptoyee, ticensee or invitee of Licensor on Owner's Land, or because of any damage caused by any tasualty, including but not timited to, fire and water, or because of the . acts of persons in or about said premises, Licensee hereby releasing and waiving any and all claims therefor. Licensor shatl not be liable for � the safekeeping or safe delivery of any property of Licensee or of any e�loyee of Licensee in or upon any of Owner's Land, nor for any loss or damage thereto by fire, theft, accident, breakage or any other cause whatsoever. 7. On or before pecember 15. 1978 , Licensee will furnish evidence satisfactory to Licensor that Licensee carries Public Liability and Property Uamage Insurance in the sum of not less than One Million 0ollars ($1,000,000.00) and that said insurance will cover and protect L4censor from any and all Claims for death of, or injury to, person or damage to, or loss of, property which may arise out of, or may be alleged to arise out of, the use of Qmer's Land. 8. The �ight and license herein granted shall be without expense to Licensor and Licensee hereby expressly agrees to reimburse Licensor upon demand for any expense paid by,�or required of, Licensor in connection with the aperation of said snowmobiling and the right and license herein granted to Licensee. IN HITNESS HHEREOF, The parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. -r 3C i�� f THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 11, 1978 The Public Hearing Meeting of the Fridley City Council was called to order by Mayor Nee at 7:37 p,m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegianee to the flag. ROLL CALL• MEMBERS PRESENT: Councitman Barnette, Councilman Schneider, Mayor Nee, Councilman Hamernik and Councilman � Fitzpatrick . . MEMBERS ABSENT: None ADOPTION OF AGEN�p: MOTION by Councilman Hamernik to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayar Nee declared the motion carried unanimously, PUBLIC HEARINGS: 1 RECEIUING COM�qUPlICATION FROM BURLINGTON NORTHERN OBJECTING TO IMPROVEMENTS: MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Upon a voice vote, all voting aye, ' Mayor Nee declared the motion carried unanimously and the Public Hearing ) opened at 7:38 p.m. Mr. Sobiech, Public Works �irector, explained the streets under ST. 1979-7 are residential streets within the City which are to be improved as part of the City's ten year street improvement program. He explained the streets vrould generally be 36 feet wide, with concrete curb and gutter and blacktop surfacing. Mr. Sobiech stated he felt it was important to provide the standard street section in order to have effective and efficient maintenance of the streets. He felt the improvement would not only help reduce future maintenance costs, but also improve the aesthetics of the neighborhood. Mr. Sobiech stated the objective of the public hearing meeting this evening is to receive input from the residents about the improvement and discuss probable costs. He explained the costs, at this time, are only estimates based on the previous year's street improvement program. � Mr. Sobiech then reviewed the following streets scheduled for improvement. 70th Wav - East River Road to Hickor �rive: Mr. Sobiech stated the majority of the streets will have the same basic design. He explained the City did receive inquiries regarding side�ralks, but since the City does not have a sidewalk program, the only sidewalks proposed for discussion this evening would 6e along East River Road. Mr. Sobiech stated the estimated cost for this improvement would be $20.94 a front foot and $3.34 for the side yard. Mr. Herrmann, City Assessor, explained the difference in the front foot and side yard rates and reviewed the formula the City uses for assessing the side yard costs. � 9 7 PUBLIC HEARING MEETING OF DECEMBER 11, 1978 PAGE 2 Mr. Qureshi, City Manager, stated the street would be improved exactly like Hickory Drive was improved several years ago. No persons in the audience spoke for or against the proposed improvement on 70th Way. Locke Lake Road - East River Road to Hickory Street: Mr. Sobiech stated the estimated cost for this street improvement is $20.9? a front foot and $3.34 for the side yard, ��, No persons in the audience spoke for or against the proposed improvement of � Locke Lake Road. Hickory Street - Locke Lake Road to 69th Way: Mr. Balkcom, 6821 Hickory Street, stated most of the people living on Hickory Street are retired and can't afford the street and don't need it. He stated, when this matter came up before, there was a petition against it. Mr. Herrmann, City Assessor,�explained the assessment would be spread over a ten year period at an interest rate of 7-;%. He stated that those persons over 65 years of age would be eligible to have the financing postponed until the time they sell their house, however, interest would be accrued. '�'�, Mr. Brunsell, City Clerk, stated the financing for senior citizens hasn't . I ' tieen done in the past on any orojects in the City, hooiever, it is available. I � Ne explained the assessment would have to be paid, in full, when the house � is sold and interest is accrued from the date of the assessment hearing. �� Mr. Jim Antetl, 6801 Hickory Street, felt the maintenance on the street was . '�. very expensive and indicated he was in favor of the street improvement. ' � Mr. Danqy Johnson, 6807 Hickory Street, indicated he was in favor of the �!� I �; � improvement. . I Mr. Mustaq Madramootoo, 6502 Hickory Street, indicated he had just moved into the neighborhood and felt, at this point, the improvement wasn't needed. Mr. Ted Jahnson, 6817 Hickory Drive, indicated he was opposed to the street improvement. 63-1/2 Way• 63rd Way• and 61-1/2 41ay - East River Road East to Ashton Avenue: Mr. Sobiech stated these are residentially designed streets proposed for improvement at an estimated cost of 520.94 a front foot and $3.34 for the side yard. � The following persons indicated they were in favor of the street improvement: Mrs. Sue Lowe, 39 - 63-1/2 Way Mrs. Adell Langenfeld, 79 - 63-1/2 Way Mr. Louis Doyle, 25 - 63rd Way Mrs. Laurie McMorran> 20 - 63rd Way � Mr. Fred Ellis, 70 - 63rd Way Mr. Maynard Nielsen, property owner on 61-1/2 Way and 61st Way. Ashton Avenue - 64th Way to 61st 41ay: and 61st 1� - East River Road East to Ashton Avenue: Mr. Sobiech, Pu61ic Works Director, stated 61st Way would be a municipal state aid street and so designed to meet these standards. � Ne explained that the residential properties are only assessed for the cost af a residential street> however, the industrial properties vrould pay the full cost which is estimated at $34.66 a front foot. .. ..... . . . . . .. . .. .... .... 1 0 PU6LIC HEARING MEETING OF DECEMBER 11, 1978 PAGE 3 Mr. Sobiech stated Ashton Avenue would be designed with an industrial type cross-.section to handle the truck traffic since there is industrial property in this area. The estimated cost of the improvement for Ashton is $14.00 a front foot and $5.53 for the side yard. � Mr. Sobiech felt the street improvement would help solve the problem of ! getting the industrial traffic off the residential streets. '�. Mr. Mewhorter, Mrs. Kralikowski and Mr. Frabel, all�who reside on 62nd Way, � indicated they had heavy truck traffic on their street. ;- Mr, Sobeich felt with 61st Avenue and Ashton Avenue being designed to handle the industrial traffic, load limit signs could be posted on the residential �. streets to try and alleviate the problem. �, Mrs. McMorran�20 - 63rd Way, indicated she objected to Ashton being made an �. � industrial street. �� Mr. Sobiech, Publit Works Director,'explained there is industrial zoned property ad,jacent to Ashton and that was the reason khy the street is desianed � . to handle the heavier industrial traffic. Mrs. McPlorran also questioned why blacktop curbing couldn't be installed rather than concrete. Mr. Sobiech stated concrete curbing is being proposed because of its endurance in comparison with blacktop. He pointed out that the blacktop curbina does � . not hold up as well as concrete and requires constant maintenance. � ' Mrs. Kralikowski, 35 - 62nd Way, stated she was aqainst the Ashton Avenue improvement if it would be used for truck traffic. �� Mrs. Susan Lowe, 39 - 63-1/2 Way, felt Ashton Avenue�should be left as it is � now. Mr. Sobiech pointed out, with the improvement of Ashton, they are attempting . to solve the conflict between the residential and industrial properties. i He stated the City had complaints about trucks going through residential - neighborhoods. He stated another reason for the improvement is to solve the drainage problem that exists in the area. Mr. Sobiech stated Ashton is where a problem exists with the drainage since 67st and 62nd Way drain to�the East. He stated Ashton will have to be regraded in order to get the water to the storm system in East River Road. Councilman Fitzpatrick stated he received a number of comments from residents asking when Ashton would be improved. Mr. Mewhorter, 39 - 62nd Way, fett the road needs improvement as well as the drainage, but didn't want to pay for both East River Road and Ashton. Mr. Sobiech pointed out to Mr. Mewfiorter that he would only be paying for the improvement on Ashton. MOTION by Councilman Fitzpatrick to receive the letter of objection to the improvement from Burlington Northern dated �ecember 6> 1978. Seconded by Councilman Hamernik. Upon a voice vote> all voting aye, Mayor Nee declared the motion carried unanimously. . Mrs. McMorran questioned what Burlington Northern's objection was to the improvement. Mr. Herrick, City Attorney, felt the objection was made as a matter of procedure, however, he felt it doesn't necessarily mean they oppose the project, but may have some objections on the costs; and, therefore, submitted a protest in order to be on record in opposition. Mrs. McMorran felt, if Burlington Northern objected to the improvement, ; Ashton should be a residential street. Mr. Herrick pointed out the City cannot prevent trucks from getting access to their property and has to make some way available for them to get to their property. He pointed out the Council is trying to provide a direct . . . . . . . . . -s+ ■ � r PUBLIC HEARING MEETING OF DECEMBER 11, 1978 access for the truck traffic to the industrial area. � -� _-. :� 9 � PAGE 4 Mayor Nee asked for a show of hands on who was in favor of the improvement of Ashton and who was opposed. About 10 persons voiced their opinion, by a show of hands, and the majority favored the improvement.. East River Road - Charles Street to 64th Way: Mr. Sobiech, Public Works �irector, explained this is in the remaining phase of East River Road improvement based on the 1977 improvement hearing. He �: � stated, at the public hearing in 1971, the project was proposed to try and eliminate the hazards of driving on East River Road for people who lived in the area. � , Mr. Sobiech stated what is proposed is to add shoulder lanes and sidewalks. It is also proposed that medians would be provided for protected teft turn movements. Mr. Sobiech outlined the proposed locations of the medians to provide access to the area. Mr. Sobiech stated the estimated cost for this improvement alon9 East River Road is $2.98 per front foot and a rate of 72 cents for the side yard cost. Mr. Qureshi, City Manager, pointed out this is the improvement that was ordered in 1971 and persons who have purchased property, after that time, proba67y have already escrowed money for the improvement. Mrs. Adell Langenfeld stated the residents have fought this improvement every time it has come up. She indicated she objected to the medians and questioned the ainount�of land they vrould be taking for the shoulder lanes. Mr. Sobiech, Public works Oirector, stated they would be taking 40 feet of right-of-way from where the curbing is now. He explained the County would be acquiring this land and would provide compensation where it is due. Mr. Peter DiCarlo, 6266 East River Road, stated this is the third time they have tried to force this improvement on the residents. He felt it wasn't �an improvement, as Fridley didn't need a third thoroughfare through the City. Councilman Barnette pointed out that East River Road is, in fact, a major thoroughfare and is very heavily traveled. Mr. DiCarlo felt this could change if the officials wanted it to and stated the residents had submitted their own plans and nothing ever came of it. Mr. DiCarlo stated that County officials have interests which�would make it advantageous for them to improve East River Road. Mayor Nee stated the County held a hearing regarding the improvement and he understood there weren't any objections raised. He further explained the portion the City is holding the hearing on this evening is for the sidewalks and curbing. � �Mr. Qureshi, City Manager, stated the City has an obligation to the residents to try and make the road as safe as possible. Mrs. Lowe, 39 - 63-1/2 Way, questioned who received notification on the �hearings held by the County, Mr. Sobiech stated the hearing was held by the Coi�nty at the City Hall and he understood it was advertised in the newspaper. Mr. DiCarlo felt there should be a strong.effort by the Police Oepartment to enforce the speed limit on East River Road. Mr. Qureshi stated the Police Department does devote a substantial amount of time to enforcing the speed limit on East River Road. Councilman Schneider asked Mr. DiCarlo if he felt it was fair to the rest of the Citizens of Fridley to devote a substantial portion of the Police Department's time to patrol East River Road. � t ,,.,;, lb ' . • P118LIC HEARING MEETING OF DECEMBER 71., 1978 PAGE 5 Mr. DiCarto stated, if what they are concerned a6out is safety, it is very definitely fair. Both Mr. Tyson of 116 - 63rd Way and Mrs. Kralikowski, 35 - 62nd Way indicated they have observed that East River Road is patrolled often by the Police Department. Mr. Tyson, 116 - 63rd Way, didn't feel the sidewalks were justified on East River Road. A gentleinan, living on River Edge Way, questioned the formula on the side yard assessment which was explained by Mr. Herrmann, City Assessor. Mr. Jerome Krist, 748 River Edge Nay, questioned the artaunt of assessment for sidewalks on East Rirer Road. Hayor Nee stated for property on East River Road the assessment would be , E2-98 a frant foot and the side yard assessment would be 72 cents a faot. Mr. Krist felt they were not needed and was apposed to sidewalks on East 'Jtfver Road. , A lady in the audience indicated they would like some signing to warn drivers there is a walkway on River Edge Way. Hr. Sobiech felt this could be provided, if there was no objection ta the property owners who would have the sign adjatent to their property. Councilman Fitzpatrick stated they wouldn't be directing people on someone's private property> but only indicating that there was a walkway. Nayor Nee suggested that perhaps Councilman Fitzpatrick coutd check into this matter further to see if something could be satisfactorily worked out with the residents. No other persons in the audience spoke regarding the improvements on East � River Road. l 61st Avenue - 4th Street to 7th Street: Mr. Sobiech, Public Works Director, stated the proposed improvement on 61st Avenue is to bring the street to a 9 ton capacity. The estimated cost is 512.98 per front foot and $2.26 for the side yard. He explained the side yard assessments would be spread along the streets North and South of 61st Avenue. Mr. Sobiech stated it is felt the improvement is needed because of the high cost of maintaining this street. - � Several Council members indicated they would be uneasy about assessing the cost of this improvement to the property owners since they atready have btacktop cur6ing., •Councilman Hamernik stated he vrould be opposed to that assessment. Mr. Sobiech pointed out they are trying to reduce the maintenance costs, therefore, the blacktop should 6e replaced in order to increase the capacity and also to install concrete curbing and gutter at the same time. Mr. Sobiech stated, because of the maintenance factor in this improvement, it Ss possible the cost could be paid from the Municipal State Aid Fund. Mr. Herrick, City Attorney, indicated the City may have difficulty showing benefit, as the basis for the assessment, since there is already blacktop curbing in the area. ' Mr. Barney 8uss, 6050 Sth Street, stated he tatked with neighbors in his area about replacing the curbs and they objected to it since they already � have blacktop curbing. . •As amended 1/8/79 ii PU6LIC NEARING MEETING OF DECEMBER 11, 1978 Arthur Street - Mississippi Street South to End: PAGE 6 Mr. Sobiech, Pubtic Works Director, stateA a portion of the street has already been installed, but what remains to be completed is to bring it to State aid standards and add curbing. � He stated the estimated cost is �12.38 a front foot and $2.26 for the side yard. Mr. Erling Edwards, 1403 64th Avenue, indicated he was assessed when the Narris Addition went in and never received a notice. Mr. Virgil Okeson, 1423 64th Avenue, indicated he also never received notice on the assessment he received in 1975. He further stated he feels badly about the drainage ditch that was put in the area as there is no protection to keep�the children out of the ditch.� He stated he was told it would be a sodded ditch. ' In checkin9 the records, Mr. Herrmann noted that both Mr. Edwards' and Mr. Okeson's names were listed as property owners to whom notices were sent. Councilman Schneider stated he talked to several people and apparently> there aas a lot of misinformation given regarding the ditch. Mr. Robert Pence> 1489 64th Avenue, commented regarding the number of houses facing Arthur Street. The followi�g persons indicated they were opposed to the improvement on Arthur Street: i Mrs. Ostlund, 1453 64th Avenue : . Mrs. Lee> 1426 64th Avenue ' Mrs. Sylvia Hart> 1450 64th Avenue Mr. Bruce Olson, 1442 64th Avenue l Mr.Darrel Wolf, 6446 Arthur Street, felt the costs wouldn't get any cheaper and that eventually the improvement would have to be instalted. Councilman Schneider felt it was quite costly to install the curbs and that there may be development in this area in the future which would help to reduce the cost of the curbing. Main Street - Osborne Road to 77th Avenue: Wr. Sobiech, Public Works Director, stated this is an MSA street and designed to these standards. He stated there is cortmercial and industrial property on both sides of the street and the estimated cost for the improvement is $14.77 per front foot. Mr. Sobiech stated most of the property owners on the East side have agreed to this improvement. No persons in the audience spoke for or against this improvement of Main Street from Osborne Road to 77th Avenue. MOT10N by Councilman Fitzpatrick to close the pubtic hearing on the proposed improvements covered under ST. 1979-1, ST. 7979-2 (MSAS) and 5T. 1979-4 (CSAH). Seconded by Councilman Schneider. Upon a voice vote, all voting aye�, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10:50 p.m. PUfiLIC HEARING ON WATER AND SEWER IMPROYEMENT PRO.IECT q126: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Nearing. Seconded by Councitman Fiamernik. Upon a voice vote, all voting aye, i�tayor Nee declared the motion carried unanimously and the Public Hearing opened at 10:50 p.m. . � i Nr. Qureshi, City Mana9er, stated this improvement is to basically provide � xater and sewer to serve the residential lots along 615t Way. >�� :y 17 'x. ' ;�:, 9 PUBLIC HEARING MEETING OF DECEMBER 71, 1978 PAGE 7 MOTION by Councilman Fitzpatrick to receive the letter of protest from Burlington Northern dated December 6, 1978. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Clarence Tyson, 116 - 63rd Way, felt something should be done to improve the drainage as he stated he has water coming within six inches of his home. Mr. Sobiech stated there would have to be modifications in the existing pipe to handle the water runoff. No other persons in the audience spoke for or against this improvement. MOTION by Councilman Barnette to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 10:52 p.m. NEW BUSINESS: CONSIDERATION OF AUTHORIZING LICENSING AGREEMENT FOR SNOWMOBILING ON ROBERT H. SCHROER'S PROPERTY FORMERLY SEARS' PROPERTY : MOTION by Councilman Schneider to authorize execution of the agreement between the City and Ro6ert Schroer for snowmobiling on his property. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayur Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims No. 335A30 through 341803.� Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the�motion unanimously. AWOURNMENT: MOTION by Councilman Hamernik 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 December 11, 1978 adjourned at 10:53 p.m. Respectfully submitted, Carole Haddad Wi7liam J. Nee Secy. to the City Councii Mayor i �