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12/11/1978 - 00013969THE MINUTES OF THE PUBLIC HEARING MEETINC OF THE FRIDLEY CITY COUNCIL OF DECEMBER 11, 1978 The Public Hearrng 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 Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGEN�A: Councilman Barnette, Mayor Nee, Councilman Fitzpatrick None Councilman Schneider, Hamernik and Councilman MOTION by Councilman Hamerm k to adopt the agenda as submitted. Seconded by Councilman Fitzpatrick. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARI PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST 1979-1, 5T. 1979-2 (MSAS RECEIUING COMMUPJICATION FROM BUP,LINGTOP! PlORTHERN OBJECTING TO Ih1PR0UFMENTS: MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearinq notice and open the Public Hearing. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearinq opened at 7 38 p.m Mr Sobiech, Public Works Director, explained the streets under ST. 1979-1 are residential streets within the City which are to 6e improved as part of the City's ten year street improvement program. He explained the streets would 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 matntenance costs, but also improve the aesthetics of the neighborhood. Mr. Sobiech stated the ob,7ective of the public hearing meeting this eveninq is to receive input from the residents about the improvement and discuss probahle costs He explained the costs, at this time, are only estimates based on the previous year's street �mprovement proqram. Mr. Sobiech then reviewed the following streets scheduled for improvement. 7Dth Wav - East River Road to Hickorv Drive: Mr. Sobiech stated the ma,7ority of the streets will have the same basic design He explained the City did receivc inquiries regarding sidewalks, but since the City does not have a sidewalk program, the only sidewalks proposed for discussion this eventng would be 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 differ2nce in the front foot and s;de yard rates and reviewed the formula the City uses for assessinq the side yard costs. � � , � � PUBLIC HEARING MEETING OF DECEMBER 11, 1978 PAGE 2 Mr. Qureshi, City Manager, stated the street would be improved exactly like Hickory �rive was improved several years ago. No persons in the audience spoke for or against the proposed improvement on 70th Way. Locke Lake Road - East Rtver Road to Hickory Street Mr Sobiech stated the estimated cost for this street improvement is $2�.Qn a front foot and $3.34 for the side yard. No persons in the audience spoke for or aga�nst 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 livinq on Hickory Street are retired and can't afford the street and don't need �t. He stated, when this matter came up before, there was a petition against it. Mr. Herrmann, City Assessor, explatned the assessment would be spread over a ten year pertod at an tnterest rate of 7-z% He stated that those persons over 65 years of age would be eligible to have the financina postponed until the time they sell their house, however, interest would be accrued. h1r Brunsell, C�ty Clerk, stated the financinq for senior c�tizens hasn't been done in the past on any orojects in the City, hoti�ever, it is available. He explained the assessment would have to be paid, in full, when the house �s sold and interest ts accrued from the date of the assessment hearing Mr. Jim Antell, 6801 Hickory Street, felt the ma�ntenance on the street was very expensive and tnd�cated he was in favor of the street improvement. Mr. Danny Johnson, 6807 Hickory Street, rndicated he was �n favor of the imorovement. Mr Mustaq Madramootoo, 5802 Hickory Streei, indicated he had 7ust moved into the neighborhood and felt, at this point, the improvement wasn't needed Mr. Ted Johnson, 6817 Hickory Drive, indicated he was opposed to the street improvement. 63-1/2 Way; 63rd Way, and 61-1/2 Way - East River Road East to Ashton Avenue� Mr. Sobiech stated these are residentially designed streets proposed for improvement at an estimated cost of $20 94 a front foot and $3 34 for the side yard. The following persons indicated they were in favor of the street improvement P1rs. Sue Lowe, 39 - 63-1/2 Way Mrs Adell Langenfeld, 79 - 63-1/2 Way Mr. Louis Doyle, 25 - 63rd Way Mrs Laurie P9cMorran, 20 - 63rd Way Mr Fred Ellis, 70 - 63rd Way Mr Maynard Nielsen, property owner on 61-1/2 l�lay and 61st 14ay. Ashton Avenue - 64th Way to 61st Way• � and 61st Way - East R�ver Road East to Ashton Avenue• Mr. Sobiech, Public Works Director, stated 61st Way would be a municipal state aid street and so designed to meet these standards He explatned that the residential properties are only assessed for the cost of a residential street, however, the industrial properties would pay the full cost which is estimated at $34.66 a front foot. r', PUBLIC HEARING MEETING OF DECEMBER 11, 1978 PAGE 3 Mr. Sobiech stated Ashton Avenue would be destgned with an industrial type cross-section to handle the truck traffic since there is industrial property �n this area. The estimated cost of the improvement for Ashton is $1�4.00 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 beinq desiqned to handle � the industrial traffic, load limit signs could be posted on the residential streets to try and alleviate the pro6lem Mrs Mch"orran�20 - 63rd Way, ind�cated she ob,7ected to Ashton being made an industrial street. Mr Sobiech, Public Works Director, explained there is industrial zoned property ad7acent to Ashton and that was the reason a�hy the street is desioned to handle the heavier industrial traffic. P�rs. McMorran also questioned why blacktop curbinq couldn't be installed rather than concrete. Mr. Sobiech stated concrete curbmg is being proposed because of its endurance tn comparison with blacktop He oointed out th�t the blacktop curbina does not holtl 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 traffi c. Mrs. Susan Lowe, 39 - 63-1/?. Way, felt Ashton Avenue should be left as it is now. Mr. Sob�ech pointed out, with the improvement of Ashton, they are attempting � to solve the conflict between the residential and industrial properties. He stated the Cit,y had comGlaints about trucks going throuqh 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 ex�sts with the drainage since 61st and 62nd Way dratn 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 askin9 when Ashton would be improved. Mr. Mewhorter, 39 - 62nd Way, felt the road needs improvement as well as the drainage, but didn't want to pay for both East River Road and Ashton. Mr. Sobiech potnted out to Mr Mewhorter that he would only be paying for the tmprovement on Ashton. MOTION by Councilman Fitzpatrick to receive the letter of ob,7ection to the improvement from Burltngton Northern dated December 6, 1978. Seconded by Councilman Hamerm k. Upon a voice vote, all voting aye, Mayor Nee declared the motton cari°ied unanimously. Mrs. McMorran questioned what Burlington Northern's ob,7ection was to the � impravement. Mr. Herrick, City Attorney, felt the ob,7ection was made as a matter of procedure, however, he felt it doesn't necessarily mean they oppose the proaect, but may have some ob,7ections on the costs, and, therefore, submitted a protest in order to be on record in opposition. Mrs. McMorran felt, if Burlington Northern ob,7ected to the improvement, Ashton should be a residenttal street. Mr. Herrtck pointed out the City cannot prevent trucks from getting access to the�r property and has to make some way available for them to get to their property. He pointed out the Council is tryrng to provide a direct PUBLIC HFARING MEETING OF DECEMBER 11, 1978 access for the truck traffic to the industrtal area. 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 op�nion, by a show of hands, and the ma�ority favored the improvement. East River Road - Charles Street to 64th Mr. Sobiech, Public Works Dtrector, explained this is in the remaining phase of East River Road improvement based on the 1971 improvement hearing. He � stated, at the public hearing in 1971, the pro�ect 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 left Lurn movements. Mr. Sob�ech outllned the proposed locations of the medlans to provide access to the area. Mr. Sobiech stated the est�mated cost for this improvement alorg 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 thts is the improvement that was ordered tn 1971 and persons who have purchased property, after that time, proba6ly have already escrowed money for the improvement. Mrs. Adell Langenfeld stated the residents have fought this imp}�ovement every time �t has come up. She indicated she ob�ected to the medians and questioned the amount of land they would be taking for the shoulder lanes. Mr. Sobiech, Public works Director, 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 res�dents. He feit it wasn't an improvement, as Fridley didn't need a third thoroughfare through the Ctty. Councilman Barnette potnted out that East River Road is, in fact, a major thoroughfare and is very heavily traveled. Mr. �iCarlo felt this could change if the officials wanted it �o and stated the residents had submitted their own plans and nothina ever came of it. Mr. DiCarlo stated that County offictals have interests which would make it advantageous for them to tmprove East River Road. Mayor Nee stated the County held a hearing regard�ng the improvenenL and he understood there weren't any ob�ections ra�sed. He further exolained the portton the C�ty is holding the hearing on this evening �s f�r the sidewalks and curbing. Mr. Qur'eshi, Gity Manager, stated the City has an ohl�gat�on to the re�ldents to try and make the road as safe as possible. Mrs. Lowe, 39 - 63-1/2 Way, questioned who received notifica±ion on the hearings held by the County. � Mr. Sobiech stated tYie hear�ng was held by tlie Co��nty at the City Hall and he under•stood it was advertised in the newsoaper. - Mr. DtCarlo fel+ there should be a strong effort oy the Police Departrnent to enforce the speed limit on East River Road. Mr. Qureshi stated the Police Department does devote a substant�al amount of time to enforctng the speed limit on East River Road. Councilman Schne�der asked Mr. DiCarlo if he felt it was fair to the rest of the Citizens of Fridley to devote a substant�al portion of the Police Department's time to patrol East River Road S PUBLIC HEARING MEETING OF �ECEMBER 11, 1978 PAGE 5 Mr D�Carlo stated, if what they are concerr�ed about 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 �ustified on East River Road. A gentleman, living on River Edge Way, questioned the formula on the side � yard assessment which was explained by Mr. Herrmann, City Assessor. Mr. Jerome Krist, 148 River Edge Way, questioned the amount of assessment for sidewalks on East Rtver koad. Mayor Nee stated for property on East River Road the assessment would be $2.98 a front foot and the side yard assessment would be 72 cents a foot. Mr Krist felt they were not needed and was opposed to sidewalks on East Rtver Road. A lady in the audience ind�cated they would like some signing to warn drivers there is a walkway on River Edge Way. Mr. Sobiech felt this could be prov�ded, if there was no ob�ection to the property owners who would have the sign adjacent to their property. Counc�lman Fitzpatrick stated they wouldn't be directing people on someone's private property, but only ind�cating that there was a walkway. Mayor Nee suggested that perhaps Councilman Fitzpatrick could check into this matter further to see �f something could be satisfactorily worked out w�th the residents No other persons in the audience spoke regarding the improvements on East � River Road. 61st Avenue - 4th Street to 7th Street: Mr. Sobiech, Public Works �irector, stated the proposed improvement on 61st Avenue is to bring the street to a 9 ton capacity. The estimated cost is $12.98 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 th�s street. 5everal Council members indicated they wou7d be uneasy about assessing the cost of this improvement to the property owners since they already have blacktop curhing. *Councilman Hamernik stated he would be opposed to that assessment. Mr Sobiech pointed out they are trying to reduce the maintenance costs, therefore, the blacktop should be 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, �t �s possible the cost could be paid from the Municipal State Aid Fund. Mr Herr�ck, Ctty Attorney, indicated the City may have dtfficulty showing � benefit, as the basis for the assessment, since there is already blacktop curb�ng in the area. Mr. Barney Buss, 6050 5th Street, stated he talked with neighbors in his area about replacing the curbs and they ob�ected to it since they already have blacktop curbing *As amended 1/8/79 � "d 1 1 PUBLIC HCARING MEETING OF DECEMBER 11, 1978 Arthur Street - Misstsstppi Street South to End� PAGE 6 Mr. Sobiech, Public Works Director, stated a portion of the sti°eet has already been installed, but what remains to be completed is to bring it to State aid standards and add curbing. He �tated 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 Harris Additton went tn and never received a notice � Mr. Virgil Okeson, 1423 64th Avenue, tndicated he also never recuived notice on the dssessment he recetved in 1975 He further stated he feels badly about the drainage ditch that was put rn the area as there is no rrotection to keep the children out of the d�tch He stai,ed he was told it would be a sadded ditch. In checking the records, Mr. Herrmann noted that both Mr. Edwards' and Mr. Okeson's names were l�sted as property owners to whom nottces were sent. Counctlman 5chne�der stated he talked to several people and apparently, there was a lot of misrnformation given regarding the ditch. Mr. Robert Pence, 148° 64th Avenue, commented regarding the number of houses facing Arthur Street, The following persons indicated they were opposed to the improvement on Arthur Street. Mrs. Ostlund, 1453 64th Flvenue Mrs. Lee, 1426 64th Avenue Mrs Sylvia Hart, 1450 64th Avenue Mr. Bruce Olson, 1442 64th Avenue � Mr.�arrel Wolf, 6446 Arthur Street, felt the costs wouldn't get any cheaper and that eventually the improvement would have to be installed Councilman Schneider felt it was quite costly to rnstall the curbs and that there may be development in this area rn the future whtch would help to reduce the cost of the curbing. Main Street - Osborne Road to 77th Avenue. h1r. Sobiech, Public Works Director, stated this is an MSA street and des�gned to these standards He stated there is commercial and industria� property on both sides of the street and the estimated cost for the improvement is $14 77 per front foot. Mr. Sob�ech 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. MOTION by Councilman Fitzpatrick to close the public hearing on the proposed improvements covered under ST. 1979-1, ST. 1979-2 (MSAS) and ST. 1979-4 (CSAH). Seconded by Counc�lman 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. PUBLIC HEARING ON WATER AND SEWER IMPROVEMENT PROJECT #126 MOTION by Councilman Schneider to watve the reading of the Public Hear�ng notice and open the Public Hearing. Seconded by Counctlman Hamerntk. Upon a voice vote, all voting aye, Mayor Nee declared the inotion carried unanimously and the Public Hearing opened at 10 50 p.m. Mr. Qureshl, C�ty Manager, stated th�s improvement �s to 6as�cally provlde water and sewer to serve the residential lots along 61st Way. PUBLIC HEARING MEETING OF DECEMBER 11, 1978 PAGE 7 MOTION 6y 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 unantmously. Mr Clarence Tyson, llh - 63rd Way, felt something should be done to improve the dra�nage as he stated he has water coming within s�x 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 tn the audience spoke for or against this improvement. MOTION by Counctlman Barnette to close the Public Hear�ng. 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. I R SNOWP106ILING ON ROBERT MOTION by Councilman Schne�der to authorize execution of the agreement between the City and Robert Schroer for snowmobiling on his property. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. CLAIMS MOTION by Councilman Schneider to authorize payment of Claims No. 335A30 through 341803 Seconded by Councilman Hamern�k. Upon a voice vote, all voting aye, Mayor Nee declared the motion unanimously. A�JOURNMENT: MDTION by Councilman Hamerm k to ad,7ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed una m mously and the Public Hearing P�leeting of the Fridley City Council of December 11, 1978 ad,7ourned at 10:53 p.m. Respectfully su6mitted, ,� / � �� � f �,(.n. v'i.t, .t � y�C. 2'�°� Carole Haddad Secy. to the City Council Approved: 12/18/78 i � -' � � / I � William J. Nee Mayor � � �