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07/17/1978 - 00014108� � � � ��d THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 17, 1978 The Public Hearing Meeting of the Fridley City Council was called to order at 7:30 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Alleg�ance to the Flag. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA: Councilman Barnette, Councilman Schneider, Mayor Nee, Councilman Hamernik and Councilman Fitzpatrick None MOTION by Councilman Hamernik to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously PUBLIC HEARINGS I /' 1� 7 MOTION by Councilman Hamerm k to waive the reading of the Public Hearing not�ce and open the Public Hearing. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7•34 p.m Mr Sobtech, Public Works Director, stated this plat is the northwest quadrant of the intersection of 79th and University where Godfather Pizza presently exists. He stated a building permit was approved, with the stipulation that this platt7ng take place. The park fee was paid at the time of the issuance of the building permit. No persons in the audience spoke for or against this proposed plat. MDTION by Councilman Hamernik to close the Publ�c Hearing. Seconded by Counc�lman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7 36 p.m PUBLIC HEARING ON FINAL PLAT; PRELIMINARY SUBDIVISION P.S #78-05, MllNN'S HILLCREST ADDITION, BY TIMOTHY MUNN AND TODD BLAIR, GENERALLY LOCATED IN E MOTION by Councilman Fitzpatr�ck to waive the reading of the Public Hearing notice and open the Pu61ic Hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Pu61ic Hearing opened at 7 36 p.m. Mr. Sobiech, Public Works Director, stated this plat has been before the Planning Commission on several occas�ons. He stated the proposed plat consists of 10 lots, as noted on Page 2A of the agenda book. Mr. So6iech stated tt is the intention of the petitioner to develop nine of the lots. Each of the lots satisfies the minimum area and lot width requirements. Mr. Sobiech stated Lot No. 10 is to the north of the bas�c plat and the petitioner intends to work with the City regarding dedicatton of this property for park purposes Mr. Sob�ech stated the Planning Commission`s concern was mainly with the drainage in the area. �l PUBLIC HEARING MEETING OF JULY PAGE 2 In order to insure a safe traffic pattern in the area and not have access directly on East River Road, it is proposed to improve Hillcrest to what is shown as "Blair Way" on the plat. Mr. Sobiech stated sewer and water would be extended to the plat from East River Road. Since there is no existing storm sewer piping �n the area, a surface drainage system must 6e utilized. Mr. Sobiech stated certain items were forwarded to the Planning Commission for their review such as information regarding so�l borings, existing topography and water table in the area. Mr Sobiech stated some existing ' organic materials would have to be removed and the Engineer's report indicates that the soil materials on the site are adequate for construction of stngle family homes Mr. Sobiech stated it would be recommended that the footings for the basements be four feet above the water table. Mr. Sobiech stated a drainage plan was presented with the plat. He stated there is an indication that water collects along the south boundary lines of the plat, and, on occasion, there is standing water on properties presently exist�ng to the south of the proposed plat. Mr. Sobiech stated, one of the stipulations hy the Planning Commission for plat approval, was to make sure that th�s plat did not impact on the properties to the south and possibly to work with these property owners to eliminate the standing water problem. Mr. Sobiech stated, in development of the drainage plan, about seven acres of area was tnvolved He stated the main outlet for drainage of this area is the drainage ditch which parallels the railroad tracks and flows into Locke Lake. Mr. Sobiech stated, in order to have a posit�ve flow into Locke Lake, it would be necessary to have the drainage ditch reconstructed and properly maintained. He stated what is also proposed is a landlocked holding pond ' and it would be necessary for the petitioners to go before the Rice Creek Watershed District to sat�sfy their storm sewer retention requ�rements. P•1r. Sobiech stated the petitioners intend to perform the site grading and grading for the ditch to insure, before construction, that everything is flowing in a proper manner. In referring to stipulation No. 5, as recommended by the Planntng Commission, which states that all costs of the drainage system be borne by the developer, Mr. Sobiech stated the petitioners have signed an agreement that they are willing to pay for these costs. Mr. Sobiech stated he feels the Burlington Northern Railroad has some responsibility for this ditch also, and permission ta use this drainage ditch will have to be obtained from the railroad. Mr. Sobiech also pointed out there are three City controlled lots which have drainage easements on them and at this time cannot be used for anything other than drainage purposes. He stated, in order to make sure this ponding area is maintained, access would be needed and it is recommended a 20 foot easement be given between Lots 4 and 5. Councilman Barnette questioned if the matter of alignment where Hillcrest comes into Hickory Drive had been resolved. Mr. Sobiech stated the City has an existing easement and didn't see any problem in working with the property owners, Mr. Berry and P1r. Nichols , regarding this alignment. Counc�lman Schneider questtoned who would be responsible for maintaining the drainage easement. Mr. Sobiech stated, once tt is graded, it would be up to the �ndividual property owners to maintain it. Councilman Schneider questioned if the prospective buyers of these homes would be aware they had to maintain the dra�nage easement. i ;� ;i PUBLIC HEARING MEETING OF JULY 17, 1978 PAGE 3 Mr Herrick, City Attorney, said that would be part of the plat and generally the buyers are made aware of this when they buy the home. Councilman Schneider questioned if this drainage system would be creat�ng a similar situation that now exists at P400re Lake. Mr. Sobiech stated the purpose of the open drainage system is to have the ponding to absorb the nutrients. Mayor Nee stated, ecologically, it is a more desirable system than p�ping. , Mr. Herrick pointed out the Rice Creek Watershed District would also be looking at the quality of the water and would probably have some comments. Councilman Fitzpatrick stated that most plats provide for drainage through a storm sewer system, and with this plat, there is drainage onto pu6lic land He felt, therefore, the City is, in effect, providing the drainage for this plat Mr. Herrick felt the City has a similar s�tuation at Harris Lake where the pond is owned by the City and also such a situation, in part, of some ponds in North Innsbruck, He stated, if �t was determined that the best way to drain this area was underground piping, probably the City would construct a storm sewer and assess tt against the property, but he didn't see any difference whether it is above or under ground. Mr. Herrick stated the cost of the drainage system, in this case, would be paid for by the developer which he feels is cons�stent with what has been done in the past. He stated it appears there �s a trend in tryinq to get surface water detention rather than piping everything underground. Mr. Herrick stated he didn't see any pro6lem as far as setting a precedent or the legality, as long as the City isn't using public funds to subsidize the development. Mr. Qureshi, City Manager, stated the Council could take the approach of having the City provide the �mderground storm sewer system and the developer � pay the full assessment cost for the plat and also assess surround�ng benefited properties which drain to the system. He stated, if the Council has any plans to use the property for a park in the future, the open drainage system would ltmit its use. He also pointed out that the recommendation of the Parks and Recreat�on Commiss�on was that this would not be a good location for a park. Counc�lman Fitzpatr�ck stated he realizes they have a recommendation from the Parks and Recreation Commission and Planning Commisston that there not be a park developed on this property, but on the other hand, the City has a petition from residents in the immediate area requesting park facilities on that property. Councilman Fitzpatrick also pointed out that there is already an existing drainage problem on some of the properties on Hickory Drive and with this drainage plan, it might tend to alleviate some of the problems. Councilman Hamernik pointed out the proposed houses are awfully close to the rear lot line and questioned the grade in this area. Mr. Sobiech stated the houses would have to be at an elevation about 860 down to 855 in order to have a 4 to 1 slope Councilman Hamernik questioned what Mr. Sobiech meant by a"positive flow" Mr. Sobiech stated the outlet at the 6ottom of the pond would have to be such so as the water comes in, it flows out immediately. He stated this is � an area where they would have to check with the Watershed District on their requirements. Councilman Hamernik asked on the basis of the soil borings and figures for a 50 year storm, how long it would take to relieve the pond Mr. Sobiech stated he is anticipating about 36 hours and with normal rain, not anticipating any water at all in the ponding area. Mr. Bud Berry, 6965 Hickory �rive, indtcate❑ he didn't know how this could be absorbed into the 9round in 36 hours. PUBLIC HEARING MEETING OF �ULY 17, 1978 PAGE 4 Mr. Nichols, 6949 Hickory Drive, felt additional construction tn this area would only accentuate the drainage problems. Mr. Sobiech stated these questions were addressed in the drainage plan and he reviewed the present flow factors and what they would be, after development. He felt, therefore, the capacity required would have to be provided in the ponding or holding area. Mr. Terry Mickley, 7075 Hickory Drive, whose property is on the south side of the proposed development, voiced his concern about the drainage. He pointed out the problems he now has with water standing in his back yard. He felt the tolerances weren't enough to insure that someone isn't going to have water problems. Mr. Sobiech stated they are suggesting the railroad ditch be lowered to get a more pos�tive flow. He pointed out that Mr. Mickley's property has a berm running across the back which keeps the water on his property. He felt, if this were re-graded, it would help the drainage Councilman Hamernik asked, in lowering the level of the railroad ditch, what elevation they were looking for. Mr. Sobiech stated they wished to have the elevation at the railroad drainage ditch be at the bottom of the retention pond so as not to have a holding situation. Mr. Qureshi, City Manager, pointed out if there is any desire to use the property other than for a drainage area, Council should be sure they have access to the property. He felt the design of the system might be different, if the Council wanted to use the property for anything other than a drainage pond. Mr. Qureshi also felt the developers should make sure they advise prospective buyers that there would be no park in the back of their yards. Mr. Munn, the developer, questioned why an easement was needed if they were not going to have a park. Councilman Fitzpatrick felt there has been a 9ood deal of requests in the area for park facilities and that this option should be left open. He stated he believed it was pointed out the City wanted access to this area even though there wasn't a park No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Fitzpatrick 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 8:40 p.m. Mayor Nee stated that Items 5, 7 and 8 are also related to this particular plat so Council may wish to consider these items at this time. MOTION by Councilman Fitzpatrick to consider Items 5, 7 and 8 on the agenda in con�unction with this plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, NEW BUSINESS: CONSI�ERATION OF APPROVAL OF FINAL PLAT P.S �78-05, MUNN'S HILLCREST ADDITION: MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and approve the ftnal plat, P,S. #,78-05, P�unn's Hillcrest Addition, with the following sttpulations: (1) That the drainage plan functtons to insure that property owners south of the plat are not impacted by the development, and if possible, work with them to reduce their existing problems, (2) That a 20 foot access easement to Lots 11, 12 and 13 be constructed with appropriate hard surface area to adequately handle maintenance equipment and to be placed prior to the occupancy of the proposed dwellings; (3) That a performance bond be obtained to insure the proper site gradings for each lot, (4) That the approval would be contingent on Burl�ngton Northern properly maintaining the drainage ditch; and (5) That all costs for the drainage system would be borne by the developer. Seconded by Councilman Barnette. 1 , � l; 1 PUBLIC HEARING MEETING OF JULY 17, 1978 PAGE 5 Mr. Sobiech, Publ�c Works Director, stated the Council should also state whether they wish to collect the park fee or have land dedicated for park purposes. Councilman Fitzpatrick stated the remainder of Lot 10 would be sufficient to cover 8 of the 9 builda6le lots, therefore, they could dedicate Lot 10 and pay a$300 fee for the additional lot. MOTION by Councilman Fitzpatrick to add to the motion that the park fee would be satisfied with the dedicatton of Lot 10 plus �300 Seconded hy Councilman � Barnette. Councilman Hamernik felt the motion should include that the petitioner advise potential buyers that the drainage area is strictly for drainage purposes and not a park. MOTION by Counc�lman Hamernik to amend the motion to include that the petit�oner advise potential buyers that the drainage area is strictly for draina9e purposes and not a park. Seconded 6y Councilman Fttzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Hamernik stated he is not comfortable with stipulation No. 4 that approval ts contingent on Burlington Northern properly maintaining the dra�nage dttch. Mr. Herrick, Ctty Attorney, stated they are talking about more than matntenance, and an agreement would have to be reached with Burlington Northern to 6ring the ditch up to a certain level agreed upon. He stated he supposed there is room for negotiation whether the City, through the developer, is going to pay for it or the railroad is going to pay for it He thought the railroad has some responstbility, if the ditch originally drainzd the land and they permitted the silt to collect Mr. Herrick felt stipulation No. 4 might be amended to provide that approval is contingent upon the Ctty obtaining an agreement with Burlington Northern � that the ditch will be constructed to a sat�sfactory depth to provide adequate drainage of the area. MOTION by Councilman Fttzpatrick to amend stipulation No. 4 to read as follows. "That approval �s contingent upon the City reaching an ayreement with Burling- ton Northern that the ditch 6e constructed to a satisfactory depth to adequately drain the area." Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously UPON A VOICE 1IOTE ON THE MAIN MO7ION, all voted aye, and Mayor Nee declared the motion carried unanimously RESOLUTION N0. 60-1978 ORDERING PRELIMINARY PLANS AN� SPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: WATER AND SANITARY SEWER IMPROVEMENT PROJECT �r124 MUPIN'S HILLCREST AD�ITION : MOTIDN by Councilman Fitzpatrick to adopt Resolution No. 60-1978. Seconded by Councilman Hamernik Upon a voice vote, all voting aye, Mayor Nee declared the mot:on carried unanimously. N0. 61-1978 RECEIVING THE PRELIMINARY TE � MOTION by Councilman Fttzpatrick to adopt Resolution No. 61-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO 62-1978 ORDERING I MOTION by Counctlman Fitz�atrick to adopt Resolution No. 62-1978. Seconded by Councilman Hamernik. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. r -. PUBLIC HEARING MEETING OF JULY 17, 1978 PAGE 6 1978 ORDERING PRELIMINARY PLANS. SPECIFICATIONS MOTION 6y Councilman barnette to adopt Resolution No. 63-1978. Seconded by Counc�lman Schneider. Councilman Barnette stated it seems the matter re- garding the street alignment will have to be decided and the City will have to meet with Mr. Berry and Mr. Nichols Mr. Sobiech, Public Works Director, stated this resolut�on will direct staff to prepare the alignments and authorize them to d�scuss this with the affected property owners UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. RESOLUTION N0. 64-1 MOTION by Councilman Fitzpatrick to adopt Resolution No. 64-1978. Seconded 6y Counci1man Hamernik. Upon a voice vote, all votin9 aye, Mayor Nee de- clared the mot�on carried unanimously. RESOLUTION NO 65-1978 ORDERING IMPROVEMENT AND fINAL PLANS AND SPECIFICATI MOTION by Councilman F�tzpatrick to adopt Resolution No. 65-1978. Seconded by Counci1man Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. RECESS: Recess called by Mayor Nee at 9 p.m. RECONVENED: Reconvened by Mayor Nee at 9.12 p.m. PUBLIC HEARINGS: All Council members were present. PUBLIC HEARING ON PROPOSED TAX LIMIT BASE INCREASE MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Hamernik. Upon a vo7ce vote, all votrng aye, Mayor Nee declared the motion carried una m mously and the Public Hearing opened at 9:12 p.m. Mr. Brunsell, City Clerk, stated in 1971, the State Legislature adopted legislation which put a limit on the taxes a City could levy. He stated this limit is based on dollars per person and it doesn't make any dtfference how much assessed value the City has or how much new industr�al or commercial development there is in the City. Mr. Brunsell stated Fridley is a maturing community and growth has not been that much which puts a restriction on the C�ty's operation as the limit was based on taxes in 1971. Mr Brunsell, stated, in 1977, the Leg�slature amended their legislation to permit City's to change the�r tax base and this has to be taken advanta9e of in 1978. He pointed aut this does not mean the Council is considering a tax levy. He stated, even though the Council may not want to use th�s tax base, action must be taken th�s year in order �or them to make any changes in the future. Mr. Brunsell presented a chart showing the cost of ltving and where City taxes have increased at a lesser rate compared to the cost of living. Charts were also presented show�ng the costs for City services and how the costs have risen for commodities the City must use. Mr Brunsell briefly explained the Fiscal Disparities Act by which 40% of the commercial and industrtal valuation is shared on a metropolitan w�de basis and the C�ty loses under th}s law. He explalned another item affect�ng the mill rate is the limited value law which places a restriction on the amount CJ 1 , 173 PUBLIC HEARING MEETING OF JULY 17, 1978 PAGE 7 of valuation increase the assessor can place on prcperty within a given year ffe also stated the homestead formula used also affects the mill rate. Mr. Brunsell presented charts showing mill rate comparisons and now the mill rate was affected by laws that were enacted by the Legislature. For purposes of comparison, Mr. Brunsell stated, in 1969, a house valued at $50,000 patd City taxes of �252 and in 1979, a house valued at $50,D00 paid City taxes of $170 Mr. Brunseil also presented a chart showing the amount paid by an average household per year for the various City services. ' Mayor Nee stated the ma�n point is this is the year the Legislature has permitted the cities to make an adjustment in the tax base and it must be done this year or not at all. Mr. Leonard Lind, 1620 75th Avenue, stated the State reduced the tax on the homeowner and now the Ctty wants to do away with it He stated the big deal was to get industry in the City and now it doesn't do any good Mr. Brunsell stated they have industry and 6usiness in the City, but that doesn't mean the City can levy on that base, as 40% of the valuation of �ndustrial and commercial propert�es is shared on a metropol�tan basis, and the City loses about $7,00O,OOD tn assessed valuation per year because of the Fiscal �isparities Law. Mayor fVee stated, if there wasn't any Fiscal �isparities, Mr Lind, as a homeowner, would be better off Mr. Lind asked how come this isn't changed Mayor Nee pointed out the Legislature passed this legislat�on and they really have control over this He stated that what the City collects now for taxes ts less than a 1/2% of the value No other persons in the audience spoke regarding this item on the tax limit base increase MDTION by Councilman Hamerntk to close the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- ciared the motion carrled unanimously and the Publ�c Hearing closed at � 9:38 p.m. RECESS MOTION by Councilman Schneider to recess at 9:38 p m. for the administrative public hearing on expenditure of Revenue Sharing Funds for 1979 Seconded by Councilman Hamerm k Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously. Mr. Qureshi, City Manager, conducted the admin�strative publtc hearing re- garding constderation of expenditures of Revenue Sharing Funds for 1979 He stated the funds expected to be received for 1979 are $216,612 and outlined what these funds were proposed to be used for and in what departments and purposes they would be used. Mr. Qureshi stated tt is admim stration's intent to have input from the publtc regarding use of the Revenue Sharing Funds and �f any of the public has any suggestions, to contact him. No persons in the audience spoke regarding the use of Revenue Sharing Funds for 1979. RECONVENE�: Mayor PJee reconvened the meet�ng at 9•43 p.m. � RESOLUTION NO 59-1978 AUTHORIZING A TAX LEVY LIMIT QASE INCREASE MOTION by Counc�lman Hamernik to adopt Resolution No. 59-1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPOINTMENTS - CITY EMPLDYEES MOTION by Councilman Hamernik to concur with the appointments of Joyce Rasmussen and Lori Anderson as Police Techm cians at 5816/month, effective July 31, 1978. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unantmously 174 PUBLIC HEARING MEETING OF JULY 17, 1978 POLICE OFFICER APPOINTMENT• PAGE 8 Mr. Qureshi, City Manager, stated there is a vacancy for a police officer and asked if Council wished to consider this item now or at a later time. MOTION by Councilman Hamernik to delay consideration of this police off�cer appointment until the budget is completed in October. Seconded by Counctl- man Schneider. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. CLAIMS: MOTIDN by Councilman Schneider to author�ze payments of Claims No. 160E12 through 194896. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted unanimously. CONSIDERATION OF LETTER TO BE CIRCULA7ED TO VARIOUS COIVSULTANTS nni.iniTni.ini nrv.Tni r�nT•nn� nnn�rrT. MOTIOPd by Councilman Hamern�k to concur with the draft letter Re: Proposed Consultant Study and authorize the Ctty Managerto circulate it to prospecttve consultants for the downtown revitalization pro,7ect. Seconded by Councilman Qarnette. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously Mr. Qureshi, City Mana9er, stated, after receiving input from the consultants, specifications w�ll 6e developed and brought back for Council's approval ADJOURNh1ENT MOTION 6y Councilman Hamernik to ad,7ourn the meeting. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously and the Public Hearing Meeting of the Fridley City Council of JuTy 17, 1978 ad,7ourned at 9:48 p.m. Respectfully submitted, . ��������'�� Carole Haddad Secy. to the C�ty Council Approved August 7, 1978 ��� � ��-� William . Nee Mayor � � ,