10/23/1995 - 00001402�
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THE MINUTEB OF THE REGIILAR MEETINQ OF THE FRIDLEY CITY COIINCIL OF
OCTOBER 23. 1995
The Regular Meeting of the Fridley City Council was called to ordex
at 7:37 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council and audience in the Pledge of Allegiance
to the Flaq.
ROLL CALL•
MEMBERS PRESENT:
MEMBERS ABSENT:
PROCLAMATION:
Mayor Nee, CounCilwoman Jorgenson, Councilman
Billings, Councilman Schneider and Councilwoman
Bolkcom
None
FOURMIES-FRIDLEY FRIENDSHIP DAYS, OCTOBER 21-31, 1995:
Mr. Burns, City Manager, read a proclamation proclaiming October 2i
through 31, 1995 as Fourmies-Fridley Friendship Days. Mayor Nee
issued the proclamation, and the members of the Fourmies Swim Club
were made honorary citizens of Fridley. He stated that the City
Council joins all citizens in extending hospitality to the members
of the Fourmies Swim Club during their stay in Fridley.
Mayor Nee presented this proclamation to Ms. Diane Ferry. Ms.
Ferry thanked the City and the staff for all their help to make
this exchange such a success. She introduced Fridley�s swim coacta,
Nancy Zinter, and the members of the Fourmies Swim Club along with
their host families.
The Fridley VFW presented the members of the Swim Club with flags
of the United States.
INDIVIDUALS WHO HELPED CREATE "THE ZONE" RECREATION DROP-IN
CENTER FOR HIGH SCHOOL STUDENTS:
Ms. Debi Campobasso, Recreation Program Specialist, introducedl
Julie Corcoran and Jeff Shoeberl, Youth Workers for Project Safety
Net, who work closely with The Zone Youth Council. She introduced
the following individuals who helped create "The Zone" recreation
drop-in center: Stephanie Brown, Mikilia Carrol, Annie Myles, and
Kathy Sandoz. 5he stated that Bryn Grofnitz was not able to attend
this evening.
Ms. Brown thanked the City Council for funding this project and
presented them with T-shirts. Ms. Myles outlined some of the
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FRIDLEY CITY COIINCIL MEETING OF OCTOHER 23. 1995 PAGE 2
activities at "The Zone" and thanked the City Council for their
support. She stated that students from Columbia Heights, Spring
Lake Park, and Fridley participate in the activities at "The Zone."
Mayor Nee presented plaques to these individuals who helped create
"The Zone."
Councilman Schneider stated that the students should feel proud of
their accomplishments for a drop-in center.
MEMBERS OF FRIDLEY PRIDE-CITY-WIDE ADVISORY CpMMITTEE:
Mayor Nee presented a plaque to Ms. Lonni McCauley in appreciation
for her work with the Fridley Pride City-Wide Advisory Committee.
Ms. McCauley stated that she enjoyed working with Fridley. She
said that the Advisory Committee was hard working and did an
outstanding job. She stated that the City Council backed them all
the way, and she thanked the Council for the plaque.
Mayor Nee presented certificates of appreciation to members of the
Fridley Pride City-Wide Advisory Committee who consisted of Melvzn
Bolin, Ann Bolkcom, Mary Bowen, Clem Coverston, Duane Itnealing,
Scott Lund, Woody Nelson, Jeanne Olson, Marvin Platt, Susan Price,
Dean Saba, Karen Schaub, Marla Stratton, and Jack Velin.
Mr. Dean Saba stated that the Advisory Committee had tremendous
support from the City Council and from City staff. He stated that
the community really came together for this event.
Councilwoman Bolkcom stated that it was a pleasure working with the
Committee, and she felt that the hard work paid off.
BUSINESS BEAUTIFICATION AWARDS:
Ms. McCauley stated that the Advisory Committee and Chamber of
Commerce invited the business community to take part in the clean-
up project. She stated that Counail supported the concept of
business beautification awards by providincp cash payments for
improvements done by businesses in the community. She presented
awards to three businesses who participated. The recipients of
the awards were Fridley Auto Parts, East River Road Apartments, and
Dealers Manufacturing.
Ms. Warren, of the Fridley Chamber of Commerce� read a letter from
Dealers Manufacturing thanking the City Council for the opportunity
to participate in this program and for recognition of their
efforts.
Mayor Nee stated that it has been a great niqht of community recog°
nition for which the City Council is proud.
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FRIDLSY CITY COUNCIL MEETING OF OCTOBER 23, 1995 PAGE 3
Councilman Schneider stated that there was a lot of community
involvement to make the community a better place.
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COUNCIL MEETZNG. OCTOBER 2, 1995:
MOTION by Councilman Billings to approve the minutes as presented.
Seconded by Councilman Schneider. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously.
APPROVAL OF PROPOSED CONSENT AGENDA:
OLD BUSINESS•
1. RECONSIDERATION OF A VARIANCE REOUEST, VAR #95-23, BY JAMES
KIEWEL. TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY
STRUCTURE FROM 1.000 SOUARE FEET TO 1,392 SOUARE FEET, AND TO
ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE FIR5T FLOOR AREA
OF A DWELLING UNIT. IN ORDER TO ALLOW CONSTRUCTiON OF A 24 X
34 FOOT ADDITION TO AN EXISTING GARAGE. GENERALLY LOCATED AT
1631 RICE CREEK ROAD N.E. (WARD 21:
Mr. Burns, City Manager, stated that the
� request was to expand the maximum size of
structure from 1,000 square feet to 2,064
stated that this created a problem, as the
the accessory structure exceeded the firs't
dwelling.
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original variance
a first accessory
square feet. He
square footage of
floor area of the
Mr. Burns stated that since the October 2 Council meeting when
the variance was denied, the petitioner has agreed to block
in the exterior entrance to the lower level of the existing
garage and reduce the size of the garage addition from 24 by
38 feet to 24 by 34 feet. He stated that this reduces the
size of the accessory structure from 2,064 square feet to
1,392 square feet, but it is still 42 square feet larger than
the first floor area of the petitioner9s dwelling.
Mr. Burns stated that if Council reconsiders and approves the
variance, it is recommended a hard suriace drive be con-
structed from Rice Creek Road to the new garage entrance
within one year of approval of the variance.
THIS ITEM WAB REMOVED FROM THE CONSENT AGEND� AND PLACED UN
THE REGULAR AGENDA.
NEW BUSINESS:
2. RESOLUTION NO. 66-1995 APPROVING AND ADOPTING A HOUSING
REPLACEMEN�' DISTRICT PLAN AND CREATING HOUSING REPLACEMENT
DISTRICT N0. 1-
Mr. Burns, City Manager, stated that a public hearing was heYd
on this item on October 2, and there were no adverse comments.
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FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23. 3995 YAGE �
He stated that under special legislation passed for Fridley,
Crystal and Minneapolis during the Minnesota legislative
session, the HRA may acquire a maximum of fifty parcels over
a ten year period. He stated that the first phase of the
proposed plan applies to eiqht propesties that have already
been acquired by the Fridley HRA. He stated that the plan
also identifies a variety of factors related to these
properties including estimated project cost, estimated tax
increment, and a stipulation that the increment for the eight
properties may only be collected for �if�een years.
ADOPTED RESOLIITION NO. 66-1995.
3. RESOLUTION NO. 67-1995 ELECTING TO PARTICIPATE IN THE LOCAL
HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN
LIVABLE COMMUNITIES ACT:
Mr. Burns, City Manager, stated that the purpose of the
Metropolitan Livable Communities Act is to create affordable
housinq for all age groups, clean up polluted sites for
businesses and jobs, and encourage compact development where
there is linkage between housing, jobs and transportationa
He stated that three incentive programs are provided: tax
base revitalization account; livable communities demonstra-
tion account; and local housing incentives accounts.
Mr. Burns stated that cities must pass a resolution annually
supporting six principles in order to �e eligible for the
three incentive accounts. He stated that if Council endorses
the six prinaiples, the City will meet with the Metropolitan
Council to establish affordable housing goals that fall within
bench marks established for the City. He stated that goals
are to be adopted by December 14, 1995, and an implementation
plan must be in place by June 30, 1996.
Mr. Burns stated that although the program is voluntary, there
are penalties as well as incentives. He stated that while
staff objects to the mandate aspect of this legislation, it
is also recognized that the mandate does give the City access
to three new sources of funding for the City's various housing
programs. He stated that the purposes of the program are
consistent with the City's past effort to make affordable and
life cycle housing a priority and to im�rove the livability
and quality of our neighborhoods.
ADOPTED RESOLIITION NO. 67-1995.
4. RESOLUTION NO. 65-1995 AUTHORIZING THE EXPENDITURE OF FUNDS
FOR SEVERANCE BENEFITS:
Mr. Burns, City Manager, stated that due to 1996 budget
constraints, it has become necessary to discontinue or
FRIDLEY CITY COONCIL MEETINd OF OCTOHER 23. 1995 PAdE 5
� consolidate about five full-time positions. He stated that
in order to assist these employees in the transition to other
employment, it is recommended that a severance expenditure of
up to $2,700 for each full-time employee for out-placement
services. He stated that contingent upon the employee's
signing a release of claims against the City, it as
recommended that one week of salary for each full year of
service be paid to full-time employees up to a maximum of 26
weeks, and one week of salary for each two years of service
be paid to part-time employees up to a maximum of thirteen
weeks. He stated it is requested that Council designate up
to $40,000 from the City's emergency reserve to accommodate
this severance program.
ADOPTED RE80LS1TION NO. 68-1995.
5. RESOLUTION NO. 69-1995 REOUESTING A VARIANCE FROM MINNESOTA
DEPARTMENT OF TRANSPORTATION RULES REGARDING HORIZONTAL CURVES
fSECTION 8820.9935, GEOMETRIC DE5IGN STANDARDS: URBAN) CHERY
LANE AT FILLMORE STREET (WARD 1L
Mr. Burns, City Manager, stated that in conjunction with the
1993 Cheri Lane street improvement project, the Minnesota
Department of Transportation (MnDOT) required the installation
� of stop signs at the intersection of Cheri Lane and Fillmore
Street as a condition for receiving State aid. He stated that
in response to neighborhood requests and because the alignment
of the street has functioned well for over 25 years without
stop signs, the City is formally requesting MnDOT to waive
their rules in a manner that will allow the City to avoid the
use of the stop signs and receive State aid reimbursement for
the work performed on this street.
ADOPTED RESOLUTION NO. 69-1995.
6, RECEIVE BIDS AND AWARD WELL REPAIR PROJECT NO. 288 (WARD 11:
Mr. Burns, City Manager, stated it is recommended that Council
receive the bids and award the contract to Keys Well Drilling
at a cost of $34,370 for Project No. 288. He stated that this
amount is within the 1995 Capital Improvements budget. He
stated that Traut Wells did not submit a bid bond as required
in the specifications. Keys Well Drilling has received
previous contracts with the City and has completed these in
a professional and timely manner.
The following bids were received for Well Repair Project No.
288: Mark Traut Wells, $33,195.50; Keys Well Drilling,
� $34,370.00; Bergerson-Caswell, $35,029.00; and E. FI. Renner,
$41�006.50.
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FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23. 1995 PAGE 6
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RECEIVED TH$ BIDS AND AWARDED TH8 CONTRACT FOR WELL REPAIR
PROJECT NO. 288 TO R8Y8 WELL DRILLING COMPANY IN TH8 AMOUNT
OF $34�370.00.
RECEIVE BIDS AND AWARD CONTRACT FOR 53RD AVENUE WATER BOOSTER
STATION REHABILITATION (WARD 11:
Mr. Burns, City Manager, stated that this project includes
replacement of the existing booster pumps with new variable
speed pumps. It also includes installation of new controls,
oonnection to SCADA, insulation, heating and air conditioning,
and exterior structural upgrade of the building. He stated
it is recommended that Council receive the bids and award the
contract to Richmar Construction in the amount of $177,220.
The following bids were received for the 53rd Avenue Water
Booster Station Rehabilitation: Richmar Construction,
$177,220.00; Municipal Builders, $184,950,00; New Mech, Ince,
$192,700.00; and Mills Concrete Restoration, $209,464.00,
RECEIVED TH& SIDS AND AWARDED THE CONTRACT FOR THE 53RD AVENUE
WATER BOOSTSR STATZON REHABILITATION TO RICHMAR CONSTRUCTION
IN T8E AMOONT OF $177,220.00.
APPROVE DISPOSITION OF TAX FORFEIT PROPERTY LOCATED IN THE
CITY OF FRIDLEY•
Mr. Burns, City Manager, stated that the City has received
notice from Anoka County that seven parcels will become tax
forfeit. He stated it is recommended that all seven of these
properties
of using
purposes.
be removed from the County's list in anticipation
the properties for streets and other municipal
APPROVED THE REMOVAL OF THESE SEVEN TAX FORFEIT PROPERTIEB
FROM THE COUNTY�S LIST.
ESTA&LISH A PUBLIC HEARING FOR NOVEMBER 13. 1995, TQ CHANGE
THE ORDINANCE RELATING TO THE STORM WATER DRAINAGE UTILITY
FEE:
Mr. Burns, City Manager, stated that in view of the projected
1996 deficit, staff is recommending that the City increase the
storm water utility fee from $1.75 per household per quarter
to $2.80 per household per quarter. He requested that Council
establish a public hearing for November 13, 1995 relating to
the increase in fees.
SET A PQHLIC HEARING FOR NOVEMHER 13� 3995 RELATZNG TO THE
STORM 1PATER DRAINAGS QTILITY FEE.
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FRIDLEY CITY COIINCIL MEBTING OF OCT0H8R 23, 1995 PAGS �
10. RESOLUTION NO. 70-1995 PROVIDING FOR THE ISSUANCE AND SALE OF
54.090,000 GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS,
SERIES 1995A•
Mr. Burns, City Manager, stated that t�e bonds were originally
iasued by the Housing & Redevelopmen� Authority (HRA) for
purchase of the Lake Pointe property in December, 1992. He
stated that staff is recommending anotYaer temporary three-year
issue. When Lake Pointe is developed, the bonds will be
retired in favor of more permanent financinq.
Mr. Burns stated that the bids were as follows: Norwest
Investment Services, Inc., 4.3153 percent interest rate; Dain
Bosworth, Inc., 4.3256 percent interest rate; Raymond James
& Associates, 4.3409 percent interest rate; and Cronin &
Company, Inc., 4.3942 percent interest rate. He stated that
staff recommends that Council receive the bids and award the
contract to Norwest at a true interest rate of 4.3153 percent.
Mr. Burns stated that although the debt is officially HRA
debt, Council's approval is needed to provide the City's full
faith and credit pledge to support this general obligation
bond issue.
RECEIVED THE ABOVS HIDS AND ADOPTED RESOLUTION NO. 70-1995.
11. RESOLUTION NO. 71-1995 CERTIFYING CERTAIN DELINOUENT UTILITY
SERVICES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 199b
TAXES•
Mr. Burns, City Manager, stated that there are 261 delinquent
utility accounts. All property owners have been notified that
these utility bills are being certified to the County.
ADOPTED RE80LIITION NO. 71-1995.
12. RESOLUTION NO. 72-1995 PROVIDING FOR WATER RATE CHANGE:
Mr. Burns, City Manager, stated that a rate increase is
proposed to cover actual and projected operating losses. He
stated that the amount of loss projected for 1996 is
$511,359.00.
Mr. Burns, City Manager, stated that the current water rate
is 60 cents/1,OOD gallons for those using less than 500,000
gallons per quarter and 55 cents/1,000 gallons for those using
more than 500,000 gallons per quartera He stated that the
proposed rate is 90 cents/1,000 galloa�s for �hose using less
than 500,000 gallons per quarter and 95 cents/1,000 gallons
for those using more than 500,000 gallons per quarter. He
stated that the average monthly cost is based on usage of
6,000 gallons per month at a current rate of $3.60 per month
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FRIDL&Y CITY COUNCIL MEETING OF OCTOSER 23. 1995 PAGE 8
and a proposed rate of $5.40 per month. He stated that the
average for 151 Minnesota cities is $11.13 per month.
Mr. Burns stated that the new rates are to be effective with
the January billings, and reduced rates are available for low
income senior citizens and disabled ci�izens.
ADOPTED R880LUTI0� NO. 72-1995.
13. RESOLUTION NO. 73-1995 PROVIDING FOR SEWER RATE_INCREASES:
Mr. Burns, City Manager, stated that the rate increase is
proposed to cover actual and projected operating lossese He
stated that the loss projected for 1996 is $1,030,456. He
stated that the current rate is $1.83/1,00o gallons of water
usage, and the proposed rate is $2.50/1,000 gallons of water
usage. Ae stated that the average monthly cost is based on
usage of 6,000 gallons of water per month and the curren�
charge is $10.98 and the proposed charge would be $15.00. �e
stated that the average for 151 Minnesota cities is $14.70 per
month.
ADOPTED RESOLUTION NO. 73-1995.
14, RESOLUTION NO. 74-1995 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO FRIDLEY V.F.W.
POST 363 fWARD 21•
Mr. Burns, City Manager, stated that this resolution is in
support of an application for a lawful gambling premises
permit for the Fridley V.F.W. Post 363.
ADOPTED RESOLUTION NO. 74-1995.
15. RESOLUTION NO. 75-1995 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO LIONS CLUB OF
FRIDLEY (JOE DIMAGGIO'S RESTAURANTI (WARD 2):
Mr. Burns, City Manager, stated that 'this resolution is in
support of an application for a lawful gambling premises
permit for the Lions Club at Joe DiMaggio's Restaurant.
ADOPTED RE80LUTION NO. 75-1995.
16. RESOLUTION NO. 76-1995 IN SUPPORT OF AN APPLICATION FOR A
MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO LIONS CLUB OF
FRIDLEY (LONGHORN GRILL & BAR) (WARD 3 L
Mr. Burns, City Manager, stated that this resolution is in
support of an application for a lawful gambling premises
permit for the Lions Club at the Longhorn Grill and Bar.
ADOP'1`ED RESOLDTION NO. 7b-1995.
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FRIDLBY CITY COIINCIL MEETING OF OCTOBER 23. 1995 PAGE �
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18.
19.
20.
�ESOLUTION NO. 77-1995 IN SUPPORT OF A MINNESOTA LAWFUL
GAMBLING APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM
LAWFUL GAMBLING LICENSE TO THE CHURCH OF ST. WILLIAM (WARD 1):
Mr. Burns, City Manager, stated that this resolution is in
support of an application for an exemption from the lawful
gambling license for St. William's Church.
ADOPTED RESOLIITION NO. 77-1995.
CLAIMS•
AIITHORIZED PAYMEDiT OF CLAIM NOB. 64498 THROIIGH 64859.
LICENSES•
APPROVED THB LICENSES AS SUBMITTED AND AS ON FILE IN THE
LICEN88 CLERR�B OFFICE.
ESTTMATES•
APPROVED T$E ESTIMATES AS SDBMITTED:
Barna, Guzy & Steffen, Ltd.
� 400 Northtown Financial Plaza
200 Coon Rapids Boulevard, N.W.
Coon Rapids, MN 55435-5489
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Services Rendered
for the Months of
1995 . . . . . .
as City Attorney
September/OCtober,
. . . . . . . . . . . . . $3,726.91
There were no comments from the audience regarding the proposed
consent agenda items.
Councilman Schneider requested that Item 1 be placed on the regular
agenda.
MOTION by Councilman Schneider to approve the consent agenda items,
with the deletion of Item 1. Seconded by Councilwoman Jorgenson.
Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
ADOPTION OF AGENDA:
MOTION by Councilman Schneider to adopt the agenda with the
addition of Item 1 from the consent agenda. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23 1995 PAGE 10
� OPEN FORUM, VISITORS:
There was no response from the audience under this item of
business.
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21. PUBLI HEARING ON 1995 SERVICE CONNECTION:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:28 p.m.
Mr. Pribyl, Finance Director, stated that there was only one
service connection for 1995 at 4795 3rd Street. He stated that tlne
improvement is in the amount of $1,877.48 and can be spread over
a fifteen year period at an interest rate of 6-1/2 percent.
No persons in the audience spoke regarding this proposed
assessment.
MOTZON by Councilwoman Jorgenson to close the public hearing.
' Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:29 p.m.
22. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST. 1992-2:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Council-
woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing
opened at 8:29 p.m.
Mr. Pribyl, Finance Director, stated that this assessment includes
three properties that were left off the original assessment roll.
He stated that the total cost of this project was $1,256,255.08 and
covered improvements on Hathaway Lane from Hackman to Regis Drive.
He stated that the major portion was assessed last year, and tfie
assessment would be spread over a ten-year period at an interest
rate of 6-1j2 percent.
Councilman Schneider requested clarification on the front foot
charge whether it was $8.00 per lineal foot or $9.50.
MOTION by Councilman Schneider to continue this public hearing fos
' clarification from staff on the front foot charge for this
improvement. Seconded by Councilwoman Bolkcom. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
FRIDLEY CITY COIINCIL MEETING OF OCTOSER 23, 3995 PAGE 11
� 23. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST. 1993-7:
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Schneider. Upon a voiae vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:32 p.m.
Mr. Pribyl, Finance Director, stated that this assessment included
properties located on Stinson Boulevard between 73rd Avenue and
Osborne Road. He stated that the total cost of the project was
$277,631.30 with $15,430.96 being assessed against the affected
property owners. He stated that the assessment will be for a ten-
year period at an interest rate of six percent.
No persons in the audience spoke regarding this proposed
assessment.
MOTION by Councilman Schneider to close the public hearing.
Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 8:33 p.m.
24. PIIBLIC HEARING ON THE 64TH AVENUE STORM WATER IMPROVEMENT
� PROJECT NO. 260:
MOTION by Councilman Schneider to waive the reading of the public
hearing notice and open the public hearing. Seconded by Councilman
Billings. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing opened at
8:33 p.m.
Mr. Pribyl, Finance Director, stated that two properties were left
off the original assessment roll, as the owners were disputing the
assessment. He stated that these properties are at 1372 and 1384
64th Avenue. He stated that the assessment would be for fifteen
years at an interest rate of 6-1/2 percent. He stated that a
letter has been recaived from Mark and Jean Schwartz and from
Lucille Dahlberg stating that they were appealing this assessment.
MOTION by Councilman Schneider to receive the letter from Mark and
Jean Schwartz and from Lucille Dahlberg indicating that they are
appealing the assessment of $1,000 each on their properties at 1372
and 1384 64th Avenue. Seconded by Councilwoman Jorgenson. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
Mr. Flora, Fublic Works Direotor, stated that the property owners
� did not believe the improvement benefitted their properties. fiIe
stated that the City retained an outside engineerinq firm to
evaluate the improvement. This firm indicated that the $1,000
assessment was appropriate, and the improvements that were
completed had no negative impact on those properties.
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FRIDLEY CITY COUNCIL MEETING OF OCTOHER 23, 5995 PAGE 12
Mr. Burns stated that the property owners felt the project limited
the capacity of the ditch to hold water. He stated that this was
monitored, and it was determined that the ditch was holding the
water and did not overflow its banks.
Councilman Schneider asked if an appeal would be made through the
courts.
Mr. Herrick, City Attorney, stated that in order for the proper�y
owners to be eligible to appeal, they have to give the City Council
written notice of their objection. They have done that in thls
letter.
Mr. Herrick asked if the study completed by Advance Engineering is
part of the official records as far as this project is concernede
Mr. Flora stated that he was not sure if it was officially
received, but copies were provided to Council.
Mr. Herrick felt that it should be received into the record if the
Council had received a copy.
Councilman Schneider stated that Council received a copy, and he
reviewed it extensively at the time.
MQTION by Councilman Schneider to receive this report from Advance
Engineering into the public hearing record. Seconded by Council-
woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
Mr. Herrick asked Mr. Flora if it was his testimony that he
concurred with the report of Advance Engineering that the two
properties in question received benefits that would at least equaYp
if not exceed, the amount of the proposed assessment.
Mr. Flora stated that it was correct.
Mr. Herrick asked if the ditch monitoring was part of the file and
record as far as this assessment is concerned.
Mr. Flora stated that it is part of the project file and that
reports have been submitted to Council.
Councilwoman Jorgenson asked if the file includes information on
the soil that was removed.
Mr. Flora stated that the soil was removed as part o£ the project,
and the consultant stated that there was no impact on the proper-
ties because of the soil removal.
Mr. Mark Schwartz, 1372 64th Avenue, stated that his property did
not benefit from the improvement, but it has prove� detrimental as
FRIDLEY CITY CODNCIL MEBTINQ OF OCTOBER 23, 1995 PAGS 13
� he has substantially more water in his yard �hat may remain for
weeks at a time. He stated that part of their woods is under
water, and they will start losing trees. He s�ated that the water
to the north of 64th Avenue has been shifted to the south side of
64th Avenue.
Mr. Schwartz stated that even if flooding occurs on his property,
the benefit is in the front in the form of concrete curb and gutter
which was not to be assessed. He stated that the rear portion of
their property has been declared a wetland. He stated that accor-
ding to Michele McPherson of City staff, it has been determined
that wetlands may exist somewhere in the area, but no definite
determination has been made on his or the property at 1384 64th
Avenue.
Mr. Schwartz stated that if the assessment is approved, he will
file an appeal to the court and will seek damages for devaluation
of his property because of the excess water.
Ms. Lucille Dahlberg, 1384 64th Avenue, stated that since the
improvement, she has three times the amount of water. She felt
that the independent survey did not prove anything.
Councilman Schneider stated that Advance Engineering was hired as
� an outside consultant and was acceptable to all parties. He stated
that he believed the Schwartzs and Ms. Dahlberg were consulted, but
there seems to be a discrepancy of the facts.
Mrs. Schwartz stated that the consultant's letter did not address
why the water would stay for weeks and weeks and why the sinkhole
on their property was dry. She stated that what the consultani
stated is exactly opposite of his letter.
Mr. Schwartz stated that the project was suppose to benefit a lo�
of properties on 64th Avenue but it did not. It helped the three
residents on Central Avenue. He stated that the properties on
Central Avenue had a problem with water coming down Mississippi
Street and through their yards. He stated all that water is piped
behind their home, so they now get more water.
Mrs. Schwartz stated that 64th Avenue did not have a water problem,
but Central Avenue had a problem.
Councilwoman Jorgenson asked if the Schwartzs had water on their
property from the front of 64th Avenue.
Mr. Schwart2 stated that they did not. It ran down 64th Avenue to
the open ditch on Central Avenue and to the ditch in back. �e
� stated that the problem was adding all the water from north of 64th
Avenue between 64th Avenue and Mississippi Street.
FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23, Y995 PAGE 14
' Mr. Burns stated that Advance Engineering confirmed that the design
was creditable and the elevations were reasonably accurate. He
stated that the report concluded that the project did henefit the
properties in question. He stated that the City did as much as
they could to provide a neutral judge in this matter. He stated
that there was no interaction between the City's Engineering
Department and the individual from Advance Engineering who prepared
the report.
Mrs. Schwartz stated that the report lists the major benefit such
as the concrete curb and gutter which is irrelevant to this
project. She stated that the rear of their property is substan-
tially worse than it was before the project. She stated that
Advance Engineering's letter stated tha� they could not
conolusively rule out that overflow exists.
Mr. Herrick felt it would be beneficial both �o the property owners
and the City to resolve this issue. He suggested that the public
hearing be continued. He stated that it would cost the City more
than the assessment to go to court, and even mediation would be
relatively expensive considering the amount of money involved. He
felt there should be discussion by staff and the property owners
to see if an agreement could be reached.
� Councilman Schneider felt that Council needed all the information.
He stated that the notice received by the property owner is
different than what is contained in �he assessment hearing
information.
Mr. Pribyl stated that the notice in the assessment hearing is an
affidavit of mailing and is not exactly the same notice sent to
the property owners.
MOTION by Councilman Schneider to continue this public hearing to
the next meeting and direct staff to submit alA information related
to this project. Seconded by Councilwoman Jorgenson. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
25. PUBLIC HEARING ON THE ASSESSMENT FOR TREE ABATEMENT:
MOTION by Councilwoman Bolkcom to waive the reading of the public
hearing notice and open 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 opened at
9:08 p.m.
Mr. Pribyl, Finance Director, stated that this assessment is for
� tree abatement on one property located at 627 Cheryl Street. He
stated that the assessment is for $661.90 and assessed over a five-
year period at an interest rate of 6-1/2 percent.
FRIDLEY CITY COONCIL MEETING OF OCTOHER 23, 1995 PAGE 15
� No gersons in the audience spoke regarding this proposed
assessment.
MOTION by Councilwoman Bolkcom to close the public hearing.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq
aye, Mayor Nee declared the motion carried unanimously and the
public hearing closed at 9:09 p.m.
OLD BUSINESS•
1. RECONSIDERATION OF A VARIANCE REOUEST. VAR #95-23. BY JAME5
KIEWEL. TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY
STRUCTURE FROM 1,000 50UARE FEET TO 1,392 SQUARE FEET, AND TO
ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE FIRST FLOOR AREA
OF A DWELLING UNIT. IN ORDER TO ALLOW CONSTRUCTION OF A 24 X
34 FOOT ADDITION TO AN EXISTING GARAGE. GENERALLY LOCATED AT
1631 RICE CREEK ROAD N.E. (WARD 2):
MOTION by Councilman Schneider to reconsider Variance Request, VAR
#95-23. Seconded by Councilman Billings. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Hickok, Planning Coordinator, stated that Council denied this
variance request at their October 2, 1995 meeting, and staff was
� to meet with the petitioner to discuss alternatives. He stated
that the petitioner, Mr. ICiewel, has revised his plans and will
keep the 576 square feet upper level garage as a garage, block-in
the lower level of the existing garage to be utilized as interior
dwelling space (this modification would eliminate 576 square fee�.
of accessory structure), and reduce the original request for a rear
yard attached garage from 24 by 38 feet to 24 by 34 feet. He
stated that this modified request represents a reduction in the
size of the accessory structure from 2,064 square feet to 1,392
square feet.
Councilman Schneider stated that for an attached accessory
building, the maximum variance the City has previously allowed was
1,270 square feet, as opposed to this request for 1,392 square
feet. He asked if there was anything in the code that ties in the
square footage of a lot to the size of an accessory structure.
Mr. Kiewel stated that it would be impractical for him to build
anything less than a 24 by 34 square foot structure. Ae stated
that he has the space, and there was no objection from his
neighbors.
Councilman Schneider stated that he would like to refer this issue
to staff to determine if the size of the garage should be tied to
� the size of the lot. He felt that Mr. Kiewel has the space, but
his concern is that someone else may not have the space and it
would se� a precedent.
�
�
�
FRIDLEY CITY COUNCIL MEETING OF OCTOHER 23. 1993 PAGE 16
Mr. Kiewel stated that there is not a critical need to build the
garage at this time. He stated that he would still like this size
structure and would be open to staff reviewing Councilman
Schneider's suggestion. He stated that if he could obtain this
variance, it would help him a great deal to have the extra storage
space.
Councilman Schneider felt that staff should have several months to
study this issue to determine if there should be a change in the
ordinance.
MOTION by Councilman Schneider to table action on Variance Request,
VAR #95-23 and request staff to research the idea of relating the
maximum square footage of an accessory building to overall lo�
size, green space, and principal structures, and submit recommen-
dations to Council by the first meeting in February, 1996.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS
26. RESOLUTION NO. 78-1995 CONFIRMING ASSESSMENT FOR 1995 SERVICE
CONNECTION:
MOTION by Councilman Billings to adopt Resolution No. 78-1995.
Seconded by Councilwoman Solkcom. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
27. RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT
PROJECT NO. ST. 1992-2:
MOTION by Councilman Schneider to table this item. Seconded by
Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
28. RESOLUTION NO. 79-1995 CONFIRMING ASSESSMENT FOR STREET
IMPROVEMENT PROJECT NO. ST. 1993-7:
MOTION by Councilman Schneider to adopt Resolution No. 79-1995.
Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
29. RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE STORM WATER
IMPROVEMENT PROJECT NO. 260:
MOTION by Councilman Billings to table this item. Seconded by
Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
�
�
�
FRIDLEY CITY COUNCIL M$ETING OF OCTOBER 23. E995 PAGE �7
30. RESOLUTION NO. 80-1995 CONFIRMING ASSESSMENT FOR TREE
ABATEMENT:
MOTION by Councilwoman Bolkcom to adopt Resolution No. 80-1995.
Seconded by Councilman Schneider. Upon a voice vote, all voting
aye, Mayor Nee declared the motion carried unanimously.
31. INFORMAL STATUS REPORTS:
Mr. Burns, City Manager, stated that the items to be discussed in
the conference session were: Stonybrook Creek; Locice Lake; and tk�e
Northco Project.
ADJOURNMENT:
MOTION by Councilman Schneider to adjourn the meeting. Seconded
by Councilwoman Jorgenson. Upon a voice vote, all voting aye,
Mayor Nee declared the motion carried unanimously and the Regular
Meeting of the Fridley City Council of Oc�ober 23, 1995 adjourned
at 9:30 p.m.
Respectfully submitted,
Carole Haddad
Secretary to the City Council
William J. Nee
Mayor