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06/09/1980 - 00013516� � � �� THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 9, 1980 The Public Hearing Meet�ng of the Fridley City Counc�l 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 Allegiance to the Flag. ROLL CALL MEMBERS PRESENT MEMBERS ABSENT ADOPTION OF AGENDA Councilman Fitzpatr�ck, Councilwoman Moses, Mayor Nee, Councilman Schneider and Councilman Barnette None MOTION by Councilwoman Moses to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. 49er's CELEBRATION: Mr. Henry Peterson appeared before the Council regarding the 49er Days Celebration in Fridley. This year the dates of the celebration are June 23 through 29 Mr. Peterson stated the celebration is getting bigger every year and would like support from the residents by purchasing a 49er's button and ten gallon hats. He stated the Robbinsdale City Band, the high school band from Becker, and the Junior and Senior Htgh School Bands from Blaine are a few of the groups entered tn the parade this year. The number to call to purchase your hat �s 571-9644 PU6LIC HEARINGS: C HEARING ON MATTER OF CONSTRUCTION OF CERTAIN STREET IMP MOTION by Councilman Fttzpatrick to waive the readtng of the public hearing notice and open the public hearing. Seconded by Counc�lwoman Moses. Upon a vo�ce vote, all voting aye, Mayor fVee declared the motion carried unanimously and the public hearing opened at 7 35 p.m. HILLCREST AVENUE (HICKORY DRIVE TO 410 FEET NORTH)• Mr. Flora, Public Works Director, stated the first street in th�s improvement pro�ect is Hillcrest Avenue from Hickory Drive to 410 feet North. He stated the estimated cost for this improvement is $86.64 a front foot, and the cost would be borne by the five propert�es to be developed Councilman Schneider noted there would be asphalt curbs and asked if there is a problem relative to the City's policy. Mr. Qureshi, City Manager, stated this has been dec�ded prev�ously that Hickory Drive was not getting any benef�t and there would be no side yard assessment and also the two properties just off Hickory Dr�ve would not be assessed Mr. Qureshi stated, taking all these factors into considerat�on and to keep the cost down, he felt it is a reasonable ad,7ustment for concrete curbing on one side only. Mr. Qureshi stated a hearing was prev�ously held on this improvement, however, because of the time that has elapsed and the costs have changed, he felt it was appropr�ate to have this hearing io update the costs He stated �t �s h�s under- standing the owner agrees that all the improvement would be assessed to the five � (�, �� PUBLIC HEARING MEETIfJG OF JUNE 9, 1980 PAGE 2 lots to be developed. He stated ±here would be a drainage holding pond on the East side of these lots and this cost would be borne equally by the five lots. Councilman Barnette stated Mr Berry's home is to the South and asked �f the locat�on of the road had been discussed with htm. Mr. Berry stated he hasn't heard where the road was going to be constructed. Mr Quresh� stated the City has 30 feet of r�ght-of-way, but the plan is to acquire an add�tional 20 feet from the property to the East. He pointed out this would put the road five feet from the Easterly property line and would g�ve the property to the West a little more room Mr. Qureshi stated this matter was discussed previously at the other hearing and the purpose of the heartng this even�n9 is to update the costs and reaffirm that the owner of these lots wishes to proceed with the �mprovement. Mr. Munn, the developer, stated the City has a letter from him regarding these improvements. MOTION by Counc�lman F�tzpatrick to close the public hearing on this portion of ST. 1980-1, Addendum �2, for Hillcrest Avenue from Hickory Drive to 410 feet North. Seconded by Councilwoman Moses. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the public hearing closed at 7:45 p.m. (Note.) See addit�onal comments later in meeting) 41ST AVENUE N. E TO ONE BLOCK SOUTH)' Mr. Flora, Pu61ic Works Director, stated a request was received by a property owner to pave a section of 41st Avenue He stated the City then looked at California Street, as far as pavrng, and the proposal �s to pave both streets. He stated the estimated cost is $20.08 a front foot and $3.68 for the side yard. Mr. Quresh>> City Manager, stated this is the only publ�c right-of-way �n the City which is not paved and since there was some interest, it is suggested the C�ty go with a minimum type of improvement. He stated the proposal is to merely make it a kind of driveway, as was done on Siverts Lane, as it only serves about four or five property owners. Mr. Qureshi stated the City has received a letter of objection from the Burlington Northern Railroad protesting the improvement, as they feel it does not beneftt their property He stated the staff's recommendation is to assess the ra�lroad property as they feel it would provide access to the railroad's property, Mayor Nee stated the proposal is all the residents on Main Street would be assessed a side yard assessment of $3.68 a foot. Mr. Quresh� stated, in th�s case, he did see some difficulty in ,7ustifying that this improvement 6enefits the property owners on ��iain Street He stated the tmprovement should at least improve the value of the property by the pro- posed assessment and felt this may be kind of high, and perhaps a compromise can be made in the �mprovement by reducing the strength and having no curbing Councilman Fitzpatrick stated the normal procedure is to assess the side yard to the properties all along Main Street, however, the City Manager is saying that s�nce it would be hard to show benefit for these properties from the im- provement, perhaps the assessment shouldn't be made to those persons and the others that do benefit would still pay only $20 08 a front foot and the dif- ference in the cost would be made up by reductng the pro,7ect. Mr. Anthony Pikus, 4036 Ma�n Street, stated Cal�fornia Street borders the railroad property and he felt they would benefit from 41st as it ad,7oins their property and they use the lot. , ' � ir j PUBLIC HEARING MEETING OF JUNE 9, 1980 PAGE 3 Mr. Qureshi stated Burlington Northern requested they not be assessed, but staff is recommending it be assessed. Mr. Pikus asked if it would be an asphalt street with curb�ng Mr. Qureshi stated it would be asphalt, w�th no curbing, in order to keep the cost down. He stated the improvement proposed would be a"glorified" driveway Mrs. Janet Bertrand, 4042 Main Street, stated the property owner at 4100 Main Street has been using the railroad property for storage of vehicles and equip- � ment and felt it wouldn't take much tn the spring of the year for him to tear up a "driveway type" road. Mr. Qureshi stated that normally a City street for serving a residential area is 36 feet wide, with concrete curb and gutter, and th�s right-of-way would only be 30 feet w�de, with no curbing, as there are few people to assess it to and curb- ing isn't ,7ust�fied He stated a truck can drive on the street, but cannot tres- pass, unless he has permission of Burlington Northern Mrs. Bertrand stated she agrees it shouldn't be a standard street, but felt trucks should be kept off the road. She wished this noted in the minutes and requested a copy of the minutes 6e sent to her Mr. Qureshi stated, legally, you cannot keep the trucks off the road as it is a public street. Mr. Herrick, City Attorney, asked where Mrs Bertrand was concerned about him drivmg. She stated the access he takes is behind their property and her con- cern is a6out him driving on 41st and breaking up the street. Mr. Herrick stated the street could be posted for a limited weight, if it is a critical problem, but you cannot keep indiv�duals off the street He stated the remedy would be to post the street in the spring for certain weight vehicles, if it �s going to be a problem. � Mr. Gene &oike, 4110 Main Street, asked why the entire City wouldn't 6e assessed as he felt they would receive as much 6enefit as he would. Mayor Nee stated, if he is on Main Street, the administration has recommended these properties not be assessed so only the persons on 41st and California Street would receive an assess- ment. Mr. 6oike also brought up the question if the Fridley Pol�ce and Fire Departments know they are part of Fr�dley. He stated a few years ago there were several fires in the area and the Fire Department couldn't find their address Councilman Fitzpatrick stated any number on Main Street, 40 or above is tn Fridley Mr. Qureshi stated the City does have a mutual aid contract with Columb�a He�ghts and when a call comes in, they respond and may even get there faster than Fridley since they are closer. Mr. Henry Zimmer, 4021 California Street, spoke in favor of the improvement Mr. Pikus asked when the improvement would be made. Mr. Qureshi stated they would try and do �t this year, but if thts cannot be done, it defin�tely would be done next year. MOTION 6y Councilman Fitzpatrick to close the public hearing Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the , motion carried unanimously and the publ�c hearing on part of ST 1980-1, Addendum �r2, 41st Avenue and California Street was closed at 8 15 p.m HILLCREST AVENUE (ADDITIONAL COMMENTS)• Mr. Bl�nco, 7067 Hickory Drive, stated he didn't real�ze the publtc hear�ng had been closed on Htllcrest Avenue and wished to make some comments He stated if the property they are bu�lding on is raised one foot, h�s basement would be in water. , (� � PUBLIC HEARING MEETING OF JUNE 9, 1980 PAGE 4 Mr. Qureshi, City Manager, stated they propose to maintain all the water on their property. He stated, once the road is built, part of the water problem would be taken care of and part of the development of the lots requires a holding pond be provided. He stated the water will continue to drain in the same way, but w�ll be retained on the property, without having it flow on to Mr. Blinco's property. He felt, with the holding pond, �t would actually help Mr. Blinco's water problem. He po�nted out the water problem wouldn't be completely solved because, in order to do this, it would necessitate a storm sewer system. Mr. Blinco felt the water problem should be solved before construction 6egins on the homes Mr. Flora, Public Works Director, stated regarding the house that is being con- structed on Lot 5, the natural drainage in the front is towards East River Road. He stated the back will not be f�lled, since it is a walkout, and will remain the natural grade Mr. John Kehner stated he talked with the developer a number of times and didn't really have a problem with what he is proposrng. He felt, however, the grad�ng of the lots should be done first to make sure the water problem is taken care of. Mr. Quresh� stated whatever is be�ng done on these lots is not addin9 to their existing problem. Mr. Herrick, City Attorney, stated the law, as far as drainage in the State of Minnesota, states the property owner can use his property in a reasonable manner as long as what he does doesn't necessarily disturb his neighbors. He stated, in this situation, the water flows south and east to a low point and these pro- perty owners would have the right to construct on their property He stated the logtcal and legal solut�on would be for the Council to determine it is a watershed and devise an engineering plan to pipe the water out and to assess all the properties in the area to pay for the pro,7ect. He stated what the C�ty Manager is saying, because of the topography in this part of the C�ty, is it would be rather expensive and he would suspect that �f a ma,7ority of the property owners wanted this storm sewer pro,7ect, the Council would hold a hearing and consider it. He stated what is 6ein9 proposed is a less expensive way of, hopefully, handling the problem. Mr. John Kehner stated the City says �t will work, but he felt the t�ming is backward and the grading should be done before the building is constructed. Mr. Qureshi stated the 6est solution would be a storm sewer system, however, the cost is expensive. He felt thTS solutian of a retention pond would not completely solve the problem, but would reduce it. Mr. Blinco stated they are not saying �t won't work, but want to get something going to protect their own property along with solv�ng the problem in hand. Mr. Qureshi stated if any more build�ng permits are issued, them to grade the area to the East so there is an area where the water on their own property. 81ST AVEfJUE (UNIVERSITY AVENUE TO MAIN STREET)• they would require they will retain Mr. F7ora, Public Works �irector, stated the improvement of Slst Avenue has been divided into two parts and the f�rst part is for completion of 81st be- tween Un�versity and Ranchers Road to a full w�dth street. The estimated cost is $27 52 a front foot. He stated, if they continue the remainder of 81st Avenue to Main Street, the estimated cost is $57.41 a front foot and $7.00 for side yard Mr. Flora stated a pet�tion was received from Mr. Flanagan to f�nish 81st from Ranchers Road to Main Street. He stated Mr. Flanagan was in favor of this pro- ,7ect being done this year and �f �t �s not going to be done th�s year, he would then oppose it in the following years. , L�' , IF�; PUBLIC HEARING MEETING OF JUNE 9, 1980 PAGE 5 Mr. Flora stated Mr. Robert Schroer vaas in favor of the first section to be a full width, but didn't have any particular feeling, one way or the other, on the rest of the road. Mr. Roger Jones stated he wasn't in favor of the road. He stated when he was at the last Council meeting regarding th�s pro�ect, it was h�s understand- ing they were proceeding with one-half a street of 81st from Ranchers Road to University Avenue, however, they have excavated the entire w�dth of the road. � Mr. Qureshi stated it was City property and not Mr Jones' property that was excavated. He stated they have only taken out the peat and the ma,7or�ty of the cost still isn't in the roadway because there is no base or asphalt. He stated the hearing th�s even�ng �s to consider if they should proceed with improvement to �nstall the base and blacktop He stated he knows of Mr. Jones' concern about the cost and, therefore, curbing is not proposed at this time. Councilman Fitzpatr�ck questioned when they refer to City-owned property, if they are talking about an easement or if the City owns the road. Mr. Qureshi stated it is a ri9ht-of-way dedicated for the roadway. Mr. Richard Carlson, who owns property at 79th and Main, stated he was in favor of the improvement of 81st and the road going through to Main Street Mr. Schroer asked if it wouldn't be beneficial to the City to put the road through to Main Street at this time. Mayor Nee felt the prices m�ght be h�gher at a later date and from the City's point of view, �t should be constructed. Mayor Nee stated to Mr. Jones if it is his feeling that in a few years, he would want the road, they should possibly try and do something at this ttme, unless he wanted to keep things as they are now Mr. Jones stated he would agree the road has to be constructed, sooner or � later, his only feeling is if it is constructed, it would put an undue financial burden on him He stated another hardship on him, if the road is constructed to the entire width, is the question of liabil�ty if the golf balls from h�s driving range go into the street. Mr. Jones stated iw would seem logical that the property between 79th and 81st would develop before the property north of 81st. Mr. Brunsell pointed out, �f the improvement is completed, the assessment roll wouldn't be adopted unt�l next year and the first payment wouldn't be due until 1982 and spread over a 10 year period. Mr. Jones stated h�s greatest concern is the cost of the assessment. RECESS: A recess was called by Mayor Nee at 9 15 p.m. RECONVENED. Mayor Nee reconvened the meeting at 9•28 p.m. All Council mem6ers were present. Mayor Nee stated there is a statuiory authority to defer assessments that would run, with interest, and there are some conditions on it. He felt the City's interest is to have the road constructed and, if they were to defer the assess- ment, he would ltke Mr. Jones to consider that option. ' Mr. Herrick, City Attorney, stated he gave the Council an opinion regarding deferral of assessments in a memo dated March 5, 1980. He stated the State statute provides for deferring assessments and the Council can defer assess- ments for a period of years, which, �n this case, would be five, or until the property is platted or developed, or could put in a provision, unt�l the property is sold. He stated, if the Council determines they wish to defer the assessment, �y �� � ) PUBLIC HEARING MEETING OF JUNE 9, 1980 PAGE 6 the principal can be deferred, with the interest paid annually, or both prin- cipal and interest can be deferred until such time as the deferment is up and then the balance would be spread equally for the remaining number of years of the bond. Councilman Schneider asked if the interest would be locked in at the prevailing interest rate or the interest at the end of the deferral period. Mr. Herrick felt the interest rate would be the rate at the t�me of the assessment. Mayor Nee felt if the matter of deferment could be worked out, Mr. Jones wouldn't � have a payment for about 7 years, stnce there would be a five year deferment and a time period of almost two years between the adoption of the assessment roll and the first payment. He felt, with�n this time, there would be development poten- tial for Mr. Jones' property. Mr. Jones stated, as far as the financing, it sounds reasonable, but as far as his be�ng able to operate his golf-driving range, he has doubts. He stated he would make an effort to see if some ad,7usting couldn't be done so that he could continue his operation and try to keep a potential liab�lity off the road by re-arranging the course. Councilwoman Moses felt �t is the aest idea so far and it would be more real- istic to construct the road now since the expense may be greater at a later date. She hoped this could be worked out with Mr. Jones and it would be agreeable with him Mr. �ones stated he wanted to say the Council is very reasonable and appreciated the interest they have taken in this matter. He stated he doesn't want to stop development in the area or hurt his neighbors. Councilmen Fitzpatrick, Barnette and Schneider were in agreement with the com- ments made by Councilwoman Moses to try and work this out with Mr. �ones. Mr Qureshi stated if the assessment is deferred, it is the first time the C�ty ' has done something of this nature. He felt it probably is a reasonable compro- mise, as th�s improvement would open up another access point which would serve some public purpose. He stated, if the Counctl defers the assessment, the staff's recommendation would be to construct 81st the full width, with curbing, and the only thing needed, at a later date, would be the final mat and estimated assess- ment cost would be $57.41 per front foot plus assessment for water line instead of $27.52 given for a reduced improvement. i1ayor Nee suggested Mr. Jones meet with his Council representative, Councilwoman Moses, and the staff to discuss this matter further. There was no response from any other persons in the audience re9arding this praposed improvement of 81st Avenue. MOTION 6y Councilman Barnette to close the public hearing for this part of ST. 1980-1, Addendum #2, for 81st Avenue (University Avenue to Main Street). 5econded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:40 p.m. OLD BUSINESS ORDINANCE N0. 712 ON VACATION REQUEST, SAV �80-01, 7230 COMMERCE CIRCLE EAST AND 7231 COMMERCE CIRCLE WEST, P. W. PASCHKE. MOTION by Councilwoman Moses to waive the second reading of Drdinance No 712 ' and adopt it on the second readtng and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motton carried unanimously. Councilwoman Moses asked that staff contact Mr. Paschke to work out some prob- lems. Mr. Qureshi stated the last information he received was everything was agreeable and there was no problem, but staff would contact Mr. Paschke. , � 1 �7� PUBLIC HEARING MEETING OF JUNE 9, 1980 NEW BUSINESS: PAGE 7 FINAL PLANS AND SPECIFICATIDN Mr Quresh�, City Manager, stated Council could consider the adoption of th�s resolution, with the deletton of 81st Avenue from Univers�ty to Main Street, and to give instructions to the administration that when the final assessment roll is prepared for 41st Avenue, there would be no stde yard assessment to the properties on Main Street. MOTIDN 6y Counc�lman Fitzpatrick to adopt Resolution No. 58-1980, with the deletion of 81st Avenue from University to Main Street and instruct�ons to staff that when the final assessment roll is prepared for 41st Avenue, there be no side yard assess- ment to propert�es on Main Street. Seconded by Councilwoman Moses. Upon a voice vote, all voted aye, Mayor Nee declared the motion carried unanimously. APPROVING AGREEMENT FOR S.P. 02-601-23 M5007 (1): MOTIDN by Councilman Fitzpatrick to adopt Resolution No. 59-1980, and approve agreement for S. P. 02-601-23 M5007 (1). Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. CLAIMS: MOTION by Councilwoman Moses to authorize payment of Claims No. 152776 through 157X01. Seconded by Councilman Schneider. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNP1ENT MOTION by Councilman Schneider to ad,7ourn Che meeting Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously and the Public Hearing Meeting of the Fridley City Council of June 9, 1980 ad,7ourned at 9.50 p.m. Respectfully subm�tted, � ��� ���� ���� ��� Carole Haddad William J e Secy. to the City Council Mayor Approved: July 7, 1980