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10/19/1966 - 000212619 n-o Q^, � � � 10/19/66 THE SPECIAL GOUNCIL MEETING MINUTES OF OCTOB�A 19, 1966 The Special Council Meeting of the Council of the City of Fridley was called to order at 8;20 P.M. by Mayor Kirkham. ROLL CALL• MEMBERS PRESENT: Kirkham, Harris, Wright � MEMBERS ABSENT: Sheridan, Samuelson PUBLIC HEARING ON ASSESSMENT ROLL - SSi�S: Mayor Kirkham asked the City Finance Director to briefly summarize the pro�ect. The Finance Director stated that this was quite a large pro�ect and takes in a large part of the City. He pointed out on the map the out- line of the pro�ect. He explained that the hearing was not being heLd on the west side of University at this time, as there is more construction work to be done He explained that the rate of assessment is $3 OS per hundred square feet. The City Manager read the Notice of Rearing� Mr. Virgil Haugen, 6010 - 7th Street, asked if everyone is receiving the same benefit. He said that the Notice of Hearing implies that some are benefitting more than others, because the Notice of Hearing says that "said improvements wi11 be assessed against the properties within the above noted areas in whole or in part proportionately to each of the lands therein contained according to the benefits received." Mayor Kirkham said that this was legal terminology. Councilman Wright said that this would pertain if the hearing was covering several rolls. Mr. Edward Little�ohn, 711 - 58th Avenue, asked how come on 61st avenue � the pro�ect dropped over to Sth Street and then up to Mississippi. He asked about the property between 6th and 7th Street below Mississippi StreeC Mr. Brunsell said that the City had held a hearing a year ago on this area, and that this was part of anoCher drainage area which goes to Rice Creek. The Consulting Engineer explained that part of the water drains on the surface to Mississippi Street where it goes into the catch basins, and then north on 7th Street to Rice Creek The low part drains to 7th Street and Bennett Dxive and then enters the same sewer system going to Rice Creek. He said that this was outside the present drainage district Mr. Wilbur Robins, 125 - 49th Avenue asked to receive his assessment, and asked what constituted property 1ine. Was it the boulevard or the center of the streetr. The Finance Director said that this area would include a11 of his lot including any utility easement, but not out into the street. He was told his gross assessment was $274 50 with a credit for a previous assessment of $1�,5 which included the 40¢ per hundred square feet plus $1.10 credit for a storm sewer system put in by the developer, so that his net assessment was $139.50. Mr. Gerry Higgins, 5944 -'�th Street Northeast, said that he had been the one that had taken up a petition for his area, and he asked how come the present amount is greater than the estimated amount He said it was 70fi per hundred square feet higher than the figures that had been given The Consulting Engineer said that his recollection of the figures on 5 A was � $2.35. Councilman Wright said that now it is $2.65. Mr Higgins said that the original figure dld not include a caedit, so why the 704 difference Mayor Kirkham said that the fiast figure was an estLmate and Council cannot guarantee estimates as many things happen to change it, for example, change orders. Councilman Wright said that on this pro�ect, and other pro�ects, the Council endeavors to keep as equal a raCe as possible He said the largest possibLe area is taken into account so that tLze assessment is equal to as many people as possible. He said that the Council had been trying for a figure of $3.00, and they had only come in a nickel over. He said that this is really a$2.65 figure. Councilman Wright said that �6� 10/19/66 at the time of the hearing, the Council had said there would be a 40� credit, which they are now making good. A visitor to the Council Meeting asked, on the sewer situation, how come the Council allows a builder to say that the storm sewer is in and pazd for and then ten years Later, a property owner finds there is no storm sewer and runs into an assessment like this. Mayor Kirkham said that if this type of situation came to the Council's attention, they would use any powers that they had to discourage it. He said that the Council does not have any control over what a huilder tells a property owner. Council- man Wright said that this was asking the Council to check all advertising � copy to make sure there was truth in advertising. He said this would be an impossibility. The visitor said that if you see catch basins, don't you assume there is a storm sewer. Councilman Wright said no not necessarily as he knew of some that were not connected. He said he would check the records. Another visitor to the Council Meeting asked if the $3.05 rate included replacement of the street. He said the City had come in and torn up one area and put in new concrete curb only where they had put in the sewer and the other streets were ready to fa11 apart. He said that if this does take care of putting in new streets, the other people that did not get the streets were getting cheated. Councilman Wright said that the assessment on the storm sewer covers what the City pays the contractor to restore the streets to the condition they were when they started the pro�ect. In other words, it covers restoration. He said that if a new street is to go into an area, the Council does not authorize repaving the street until it is determined there are no more pipes to go ia He said that if the visitor had a particular case in point and there is a new street, a11 the pipes that are going to go in are in. Councilman Wright said that on the area this hearing covers, when the work is finished and the pipes are in, in some cases there will be new streets. He said that the assessment tonight is for storm sewer and street restoration, but there could coincidently be a new street going in. Mr. Comstock said that a contractor is told not to replace a street to its original condition if a new street is going in ' when the storm sewer is finished as this would be a waste of money. The Crty Engineer said that in one area there was a$20,D00 credit for a street assessment that would have been lost if the contractor would have put the street back to its original coadLtion. A visitor to the Council Meeting said that in the area of SA there will be new storm sewer and new streets. He asked if only the people in that area will be assessed for the street, or does this assessment cover those streets. Mayor Kirkham said that only those who are getting the streets wi11 be assessed for the streets. Mr. Joel Schultz, 5353 - 4th Street Northeast, said that 53rd Avenue splits with Columbia Heights and asked how this is being handled. Council- man Wright said that this was put in by the State Highway Department. He explained that they owed the City of Fridley a service drive on the south side of I 694 which the City had no need for, so they constructed 53rd Avenue instead of the service drive. He said the assessment was the equivalent of a residential street, but they would receive a wider, better street A visitor asked if 49th was going to be a County road between Main Street and University Mayor Kirkham said that it already is a County road, The City Engineer said that the County had taken over this road about a month ago, and they do have plaas to improve it next year, Three people asked for and received the amount of their assessment. Mayor � IZirkham said that if some people in the audience were �ust waiting to hear their assessment, they could call City Hall the next day and receive their assessment. A visitor to the Council Meetiag asked why Storm Sewer Pro�ect ��73 had been lumped with Pro�ect ��5. Councilman Wright said that Storm Sewer Pro�ect �k73 uses the same outfall line as the rest of the pro�ect. Councilman Wright gave the gross assessment figures on Pro�ect ��73. � � �� 10/19/66 Mr Scott, who said he was interested in the Railroad Accessory Corporation, said they had gotten their assessment and that it was a staggering sum. He asked if the work was already done, and whether this covers the storm sewer along their property. The Council answered yes to these questions. They explained to Mr. Scott that this was the second hearing and that there had been a preliminary hearing. Mr. Scott asked what the total cost of the pro�ect would be, and the total area. Councilman Wright said tha[ in round figures, ignoring the outfall line portion, the credit and some State Aid Funds that are relative, the gross cost would be $753,100 51, the area was � 24,691.787 square feet. Mr. Scott asked if the Council knew whether the 40p assessment credit had been levied on this property The Fsnance Director said that this Yiad been in the residential area only. Mr. Higgins asked if there was any more information on why the assessment was 70p higher than the estimate. The Finance Director said that it was difficult to say exactly, as there are all kinds of figures At one hear- ing, the main was estimated at 90p, on the laterals the estimate had been $1.98. Mr. Carl Paulson, a visitor to the Council Meeting, read the following excerpt from the Council Meeting Minutes of April 13, 1964, "A resident inquired regarding the total cost of an improvement on a lot 8D x 125 feet and if he could be given some assurance this would be the total price. Mayor Nee replied they estimated the entire system would probably come to $2.35 per hundred square feet and this would include everything any resident would ever pay on the pro�ect." Councilman Wright pointed out that the minutes Mr. Paulson had read did not mention the credit, Mr. Paulson said that this would have appeared in the minutes if it had been planned. Councilman Wrf3et said that the S2 35 was an estimate, and the minutes did not claim it was a final F�_gure, aa tlae Cost was not in. He sai� t[z.�t it is txue that the $3.05 figure is the final figure, the costs have �ust come in over the estimates. � A visitor asked if the property valuation will go up because of the storm sewers. Mayor Kirkham said that taxes wi11 undoubtedly go up because property values go up, but that it will not be because of the storm sewer A visitor to the Council meeting asked if this assessment ro11 included any school property and if so, how this was handled� The Finance Director said that there was school property in thxs area, and that it was handled the same as anything else. The schools, city property, and churches a11 receive the same assessment rate. A visitor asked if the 100 Twin Drive-in was included in this assessment, and if so, how was it assessed� Mayor Kirkham said that onl� a portion of their property was included, as not a11 of it drains into the same system but that it wi11 be assessed the same rate The visitor asked if the Highway Department had picked up any of the cost of the sewer The Finance Director gave the figure received from the County for work in one area, and said that the State had done some work. Mr. Comstock said the State had provided some catch basins for the City, and that the SYate had let the contract on the outfall 1ine, aad the City had paid them a share. Councilman Wright said that Councilman Harris had worked out the difference between the estimated rate of $2.35 and the actual assessment rate of $2,65 on a 9600 square foot 1ot, and the difference came to $29,00 over a twenty year period, or $1 42 per year Mr. Little�ohn asked if the owner of the 100 Twin Drive-in wi11 be paying � for the lateral that is going to his property, or whether the City will be paying for this. The Council said that the property owner wi11 be paying for it. Mr. Little�ohn said that the Council has been talking about fixing this situatiun, and theCouncil should �ust tell him he has to fix it by putting up a retainiag wall. I-Ie said that this problem hes been going on for years. Mayor Kirkham said that wi11 be taken care of now. Councilman Wright said that first the property owner had graded the property which had only made it worse, and the City told him he was liable for the damage that was being done to the City storm sewer and street, and the City insisted on a retaining basin. He had refused and the City started official notice for action, and the situation will be taken care of now, � " `J 10/19/66 If the water should come faster than can be taken care of, further steps wi11 be taken. „ Mr. Car1 Paulson said that he thought this storm sewer hearing should be continued until further information caa be obtained, and the Council can inform themselves on some things he thought they should know. He read from a prepared statement, a list of questions he would like the Council to answer. He also suggested the Council consider ad valorem taxes as Columbia Heights is using. He compared the areas contributing in Columbia Heights, Hilltop, and I'ridley, and said that he felt we need conclusive engineering evaluation on this and he thought they would find our costs to be excessive. He said that he did not feel this present roll was acceptable as the assessment roll, and if the Council decides to accept it, the people will appeal. He gave his list of questions to Mayor Kirkham for the Council to answer at a Later time. Mr. John Heron, representing the Northern Pacific Railroad, asked if the 100 Twin Drive-in Theatre was being forced to put a lateral in at their own expense. Councilman Wright explained that their runoff aggravated the land use. The runoff was shaped and channeled to form a funnel. Ae said that they have put in a retaining pond, and a short p,iece of pipe drains into our system. The pond will store the water and release it at a reasonable rate. Mr. Heron explained that the railroad had industrial property from Main Street to the railroad tracks which amounts to close to 700 feet, and they are bound to get excessive runoff when the property is developed. If it floods the storm sewer„ wi11 they be reqµired to take care of this themselves? The Consulting �ngineer explained th,at the purpose of the storm sewers is to drain the puhlic streets, and the property will drain into the street, but it is not designed to go to low spots in back yards. If conduit to drain the property is required, the property owner should be required to do this at his own expense. Mr. Heron said that the Council should then give consideration to un- developed property, as it can be assume that the storm sewer is of no benefit until the property is developed. Councilman Wright said that it was a benefit if the land contributes to the system. Mr. Comstock said that if there was any property that was committed forever to be undeveloped (and there is no property that could fit this description), this could be considered in the design and be given a lower rate, but some day it will be developed and,then it would be foolish if the design were such that it could not take care of it. Mr. Heron said that they have a 29 acre tract, and when it is to be developed and the low spot built up, will they be liable to take care of it themselves� Mr. Comstock said that the storm sewer is designed so that when the property is developed, it will drain to the street and go to the City storm sewer. A visitor asked if there was any chance of a lower rate. Mayor Kirkham said that this is the proposed final rate. The lady asked how the people could keep this ro11 from being adopted? Mayor Kirkham said that the pro�ect is in and must be paid for. A lady said that some people have not heard about this hearing, as they did not receive notices. The Finance Director said that the City had sent out 1500 notices. The lady asked if this meant that they would not be assessed if they did not receive a notice. The Council explained that in some cases, someone else might hold the title to the property and receive the notice, or some notices may get lost in the mail, but this wi11 have nothing to do with whom will pay the assessment. Mr. Lrttle�ohn asked if the Council wi11 send out notices if the assessment ro�l was adopted so the people can pay their assessment before the interest is charged Councilman Wright said that the Council is following the standard procedure of informiag the public. Councilman Wright explained that a resolution is usually adopted at the hearing meeting or at the next regular Council Meeting after the hearing, and this is reported in the newspaper He said there is a specific time limit in which the resolution must be adopted or a new public hearing is held. Mayor IZirkham said that this has to be decided very soon to get it into the County to be on the tax roll. A visitor to theCouncil Meeting said that this meeting was a waste of time as there was nothing the people could do about it. He said he felt the � � � �.�_ � P� 10/19/66 people should decide more things than leaving the decisions up Lo the Council. Councilman Wright said that the Laws require that hearings be he1d, and on the strength of the information the Council has, they have to make decisions. Mr. Higgins said that in this case he felt he must back the Council. He explained that he and his neighbors had petitioned the City for a storm sewer because the home owners had wanted it. IIe agreed that the price had come in higher than he expected, but he said that it is nice not to have the lots flooded, and he thanked the Council. � The Council received one written ob�ection against this pro�ect from Mr. and Mrs. Victor ,T. Arnoldy, 5925 - 6th Street Northeast, because they feel they already have enough special assessments in this area MOTION by Councilman Harris to close the Public Hearing on Storm Sewer Pro�ect ��5. Seconded by Councilman Wright. Mr. Paulson asked if they were closing the hearing, would this mean the matter wi11 be decided at the next regular meeting? Mayor Kirkham said that it could be The City Finance Director said that there is still two weeks work after the adoption of the Resolution, and it has to go to the County as soon as possible. The Council said that the next meeting was being held October 31, 1966 and the decision could be made at that time. Mr. Paulson said that there was recourse for the people through District Court if the ro11 is adopted. He said the people on the other side of IIniversity had no voice in this hearing and they should have been here Councilman Wright said that Mr. Paulson's statement was inaccurate in that the people on the west side of University were not consulted because they wi11 have a separate assessment hearing VOTE upon the motion to close the hearing was a voice vote, there being no nays, Mayor Kirkham declared the hearing closed at 9:50 P.M. MOTION by Councilman Wright, sec�nded by Councilman Harris to continue the SpecYal Council Meeting of October 19, 1966 until the next evening, � October 20, 1966 at 8�00 P.M. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. Respectfully submitted, �� �% � — / / �''� -� / / % ��CC_�t�vi ,7( _,i� ��Zific;�.�' L.� � � ` � � Mary Lu S� � �) � Acting Secretary to the Council �,�_�j����-�� ��tz����""`� / ,dACK 0. KIRI�IAM - MAYOR THE MINUTES OF THE SPECIAL COUNCIL MEETING OF OCTOBER 20, 1966 (CONTINUE➢ FROM OCTOBER 19, 1966) The Meeting was called to order by Mayor Kirkham at 8:42 P.M. ROLL CALL: MENIBERS PRESENT: Kirkham, Harris, Sheridan, Wright MENIBERS ABSENT: Samuelson ' CONSIDERATION OF COST SHARING WITH COLUMBIA I�IGHTS - COLUMBIA HCIGHTS SS-0F6608; The Council discussed with the City Engineer the area covered by this drainage pro�ect and the percentage of sharing worked out by the Consulting Engineering firm. This percentage of sharing shows Fridley's share at 35 41% and Columbia Height's share at 64.59%. MOTION by CounciLman Wright, seconded by Councilman Harris to auth�.=vize the drafting of an agreement with Columbia Heights based on the memo from � " `' 10/20/66 Comstock & Davis, Inc., of October 18, 1966, said memo relating to Columbia Heights storm sewer improvement ��6608, and to authorize the Mayor and City Manager to execute the agreement, when said agreement is completed to the satisfaction of the City Attorney and the Administration. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. ESTIMATE TO LAMETTI & SONS. INCORPORATED - MOTION by Wright, seconded by Sheridan, to approve this estimate sub�ect to final approval by the Fridley Engineering ➢epartment and the City of Columbia Heights. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RESOLUTION CONFIRMING ASSESSMENT ROLI. - SS ��5; MOTION by Harris, seconded by Wright, to tahle action on this resolution to the Special Meeting of October 31, 1966. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. INTERSECTION OF 37TH AVENi7G NORTHEAST AND MARSHALL STREET: Councilman Harris pointed out to the Council that at the Chamber of Commerce Meeting the question of the traffic congestion and safety features of the intersection of 37th Avenue Northeast and Marshall Street (East River Road) was raised, and that he had advised that he would bring this matter to the Council's attention. The City Manager stated that he had already begun checking on the responsihility for safety provisions at that intersection since the two streets involve Minneapolis, the Federal Government, Anoka County, and Hennepin County. � MOTION by Harris, seconded by Sheridan, to direct the City Manager to pursue his investigation as to responsibility for the intersection, so that Fridley can work with the other governmental entities for the improve- ment of the traffic conditions at said intersection. Upon a voice vote, there being no nays, Mayor IZirkham declared the motion carried. ADJOURNMCNT: There being no further business, Mayor Kirkham declared the meeting ad�ourned at 9;13 P.M. Respectfully submitted, Carl P. Wagner Acting Secretary to the Council � � � j �� + �lC l. L �, I�' iCC.�, c+r� /'JACK 0, KIRKHAM - MAYOR THC SPECIAL COUNCIL MEETING MINIITES OF �TOBER 31, 1966 The Special Council Meeting of October 31, 1966 was called to order by Mayor Kirkham at 8;05 P M ROLL CALL: MCMB�RS PRESENT: Kirkham, Harris, Sheridan, Wright, Samuelson MEMBP�RS ABS�NT• None The Council decided to discuss Storm Sewer Pro�ect No. 5 first bec8use there were some people present at the Council Meeting who were interested in this pro�ect � , �