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05/13/1974 - 00015878, , r� I�J THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 13, 1974 The Public Hearirig Meeting of the Fridley City Council of May 13, 1974 was cal7ed to order at 7:30 P.h9, by i�1ayor Liebl. PLEDGE OF ALLEGIANCE: f�1ayor Liebl led the Council and the audience in sayin9 the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: iNEMBERS ABSENT ADOPTION OF AGENDA: Councilman Starwalt, �tilayor Liebl, Councilman Utter. Counci7man Nee, and Councilman Breider. None. Mayor Lieb7 sa�d the following items were to be added to the agenda• #6 Nature Interpretive Program #7 North Park Development #8 Special Approval to Fridley Jubilee Committee to Set Up Banners and Other Signs in Public Areas. P10TION by Councilman Starwalt to adopt the agenda with the additions listed by Mayor Liebl. Seconded by Councilman Utter. Upon a voice vote, all voting aye, f��iayor Lie6l declared the motion carried unanimously. PROCLAMATION: P120CLAMING MAY 12 THROUGH MAY 18, 197�} A5 "POLICE WEEK": MOTI�N by Councilman Utter to adopt the Proclamation designating May 12, 1974 through May 18, 1974 as "Police Week". Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, P�layor Lieb7 declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON STREET IMPROVEMENT PROJECT N0. ST. 1973-1: i�OTION by Councilman Breider to waive the reading of the Puhlic Hearing Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 7:32 P.f�. HORIZON DRIUE: THIRD STREET TO 53RD AVENUE: Ihe Assitant Engineer, 1�1r. Dick Sobiech, stated this was in the Summit Manor area and the final price per foot for the front assessment would be $12.D8 and the estimated amount at the prel�minary assessment hearing had been $13.60. He pointed out that the side yard assessment would be $2.06 per foot. P�iayor Liebl asked if there were any questiones concerning this area and there was no response. HUGHES AVENUE: PAfVORAMA AVENUE TO HORIZON DRIVE: ihe Assistant Engineer said this area was within the same pro,7ect and the assessment amounts would also be $12.08, front, and $2.06 per foot for the side yard assessment. There were no questions or complaints concerning this area. CLEARVIEW LANE: PANORAMA TO HORIZON DRIVE: The Assistant Engineer said this would be the same amount as the previously mentioned areas. T��ere was no response when Mayor Liebl asked if there was any questions concerning this area. TOPPER LANE: H6RIZON DRIVE TO 300 FEET SOUTH: The Ass�stant Engineer said this would be the same amount. .�� �_' � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 2 ��1r. �:aymond Smith, �OvO Topper Lane, addressed the Council and questioned the method of assessment on the circle. He said he had a 50 foot frontage lot and was being assessed for 75 feet. The Assessor, Mr, P�ervin Herrmann, stated it was a matter of policy to assess the pie shaped and odd shaped lots at the setback line to equalize the assessments in the area. The City Attorney further explained it would not 6e fair to the remainder of the people of the area if the assessments were figured on the small amount of front footage, when ti�e people on the cul-d�-sac use the roadway to the same extent and also have very 7arge lots. He said this is the � reason the assessment is f�gured at the setback line, He pointed out that the people living on the circle would be paying an amount equal to the improved roadway. � member of the audience asked it it would be possible to access these properties on a square foot basis. The City Attorney exp7ained that this would not be a fair method of assessment because lots vary so much in size, and it would not be fair to assess a person with two acres for the usage of the roadway four times as much as someone with one fourth the mount of property. lie stated, the large property would not use the roadway four times as much. �'tnother resident of Topper Lane questioned if this was a fair way of assessing the circle when the total roadway on the circle would be smal7er than the area of the straight road. He sa�d h�s assessment is $1,060.50 and he believed there was less road constructed on the circle by his home than there was for someone with a 75 foot frontage. The Assessor pointed out that the cul-de-sac area is twice as wide as a normal section of roadway because there is a 40 foot radius, or this would be 80 feet in width. He stated the amount of area covered would be very close to the same amount as in the straight sections. He also pointed out that everyone uses the remainder of the road and those living on the circle wou7d need this section for access and egress. He stated, they would not be able to drive out of the circle, and those on the cul-de-sac would have to help pay for the balance of the street. A resident of the area asked 9f the tota7 cost of the circle or the section of road � were added together and divided by the number of homeowners, would the total assessmeni come out to be approximately equal to the assessments received by the people of the area. The City Assessor pointed out that the project had been figured together because the people of the area all received the same benefit for the installation of the improvement. Ne a7so explained when some are assessed 35 feet back or at the setback line, and others with the larger frontage are assessed for the front footage, this equalizes the assessmew�t which makes them in line with the amount of 6enefit received. He repeated the policy of assessment of the pie shaped and odd shaped lots in the City of Fridley. Mr. Smith further commented that those in this area had already paid for the construction of the roadways that had been installed by the developer of the area. Ne stated, they were paying for streets twice. The Assessor said the City follows the previously described policy to try to equalize the amount of the assessments just as the contractor had in the development of the area. l+1r. Smith sa7d he believed those on the circle were being penal7zed for having less frontage. linother property owner in the audience stated comparing the assessment figures for the area, it seemed those living on ihe corner lois were paying almost double the amount of those in the center �f the block. The ,�ssessor agreed, saying the corner lots would receive a much larger assessment. A resident of the area said he would like to hring it to the Council's attention , that there are large cracks in the roadway on Norizon �rive where it meets 3rd Street. He said he believed this section of roadway was already deteriorating. PANORAMA AVENUE: S9AIN STREET TO THIRD STREET: The Assistant Engineer said this was also the same price per foot as the previously mentioned areas. The City Manager said all those streets in this grouping, a total of about ten, had been determined as the same type of construction and figured the same. Mayor Liebl asked if there were any questions concerning this area and there was no response. PUBLIC HEARING MEETING OF MAY 13, 1974 GIBRALTAR ROAD: ROMAN ROAD TO 550 FEET WEST: PAGE 3 Mayor Liebl asked if there were any complaints concerning the quality of the construction in this area. A resident asked if his assessment in the amount of $1,060.50 was a fair and reasonable amount. The Assessor explained the lowest assessment in this area would , be $906 and this would be for the 75 foot lots where there is no side yard assessment. He explained the next assessment would be $1,06D.50, or the amount the resident had been assessed. Nz said this would be one of the minimum assessments. The resident asked if interest would be charged for ten years if the total assessment was not paid at this time. Nlr. Brunsell explained that the interest rate would be 72% for the period of ten years. He said the interest would accrue from the date of the public hearing on the final assessment roll. He said the residents are allowed 30 days in which to pay the assessments without the charge of interest. H� further explained it would be possible to pay a substantial portion of the tota7 assessment at the present time without the interest being charged. He pointed out that the minimum payment would be $300. He further explained, if the lump sum payment is not made, or if only a partial payment is made, the interest on the balance would be figured at 72% from May 13, the date of the hearing. A resident of the area asked if those assessed would have the option to pay the total or lump sum at the present time, or be billed on the tax statements each year for ten years. The Assessor said there would be two options, if the amount is not paid in full before the end of the 30 day period, the remaining amount would be billed with the tax statement. He said the entire amount could be paid now, a portion of the amount could be paid now, or the remainder would be paid by the year uniil the balance is paid. He said this amount would be reported on the tax statement twice a year and � paid 7ike the real estate taxes. He said this money is noi paid directly to the Ctty at these times. A resident asked if it would be possible to pay one half of the amount and have the remainder of the assessment be placed on the tax statement. The Assessor said this would be possible. Mayor Liebl asked if there were any other questions from the residents of this area and there was no response. PILOT AVENUE: P1AIN STREET TO ROMAN ROAD: i�r. Clarence Krueger, U 3 Pilot Avenue, addressed the Council and said there is a crack in the roadway in front of his home. He said there is a dip in the road where water stands in the street. fie said the road had this low area before the improvement, and this is why the improvement had been petitioned for. He said the frost is breaking up the roadway, lie said before the construction, the water ran down the street, now it runs into his yard. Councilman Nee asked Mr. Y.rueger if he is below the grade of the street. Mr. Krueger explained with a good rain where the roadway is only half full, the water will run right by, but some of the time it runs straight into his yard. Mayor Liebl pointed out that Pilot Avenue slopes from Main Street to Roman Road and the water should run to the east, but runs into the Krueger driveway. � Mr. Krueger said this would be during a heavy rain. Mayor Liebl said this was to be a crown shaped road where the water would run on both sides of the street. Counci7man Nee asked if the problem was caused by the curbing being cut too low. P9r. Krueger said this would be the problem. i�1r. Krueger said he would like to see this area fixed, but he could live with this �f it was not possible at ihis time. f�r. Krueger pointed out on the map of the area how the roadway makes the same dip as the elevation of the surrounding land. Ne said this water forms a lake in the Spring until the frost is out of the ground and the water disappears. He said in the construction of the street, the same dip was followed. The Assistant Engineer said he would like the address of the residents and the area which was being discussed and he would view the problems in the fie7d and make a determination. 1�1r. Krueger said the dip had been made to follow the lot lines. w` �r , PUBLIC HEARIIJG MEETING OF MAY 13, 1974 PAGE 4 Th� City Manager said if there is any problems in the constru �ion of the improvement project, they should be reported to the City Engineer and they would be corrected. The City Manager further explained that the City has a time period of one year maintenance bond from the contractor to correct the probiems. f��ir. Krueger said there was the same problem with the o7d road, it was the same way. N� said in the spring and winter months, the water stands in this area unti] the frost is out. Another resident of the area asked if there would be some sort of sealcoating placed � on the street. Ihe City Manager said it is the po7icy of the City to sealcoat every improved street in the City every so often. He said this cost of the improvement of sealcoating would be taken from the general fund and not assessed to the abutting residents. The resident reported that there are some cracks in the road, Mayor Liebi said these cracks would have to be corrected now, there is only a one year time limit in this correction process with the contractor. He further explained, the Engineering Department should be notified, and they would determine what is to be done. Mr. Krueger said there are cracks in the street in the area of the dip in the street. Playor Liebl said this low spot should be eliminated, and perhaps some of the curbing wouid have to be taken out to rectify this. N1r, Dale Hoskins, 4924 Roman Road, addressed the Council and said when the contractor of his home had put in his driveway, h� haa trolled it, now, when the improvement was installed and the driveway replaced, the improvement contractor has swepi it. Mr. I�oskins said he was not satisfied with the sodding either. The City Manager asked Mr. Hoskins if he had reported this to City Nall and Mr. Hoskins said�e had not. �he City Manager said anyone who has dead sod should ca71 the City Hall and report this and it would be replaced. He directed those callers to Mr. 'uick Sobiech, the Assistant Engineer. Councilman Utter said there had been other people who had complaints concerning the sod, and this had been taken care of already. Mr. Hoskins said there was not any problems with the sod last year, it was this spring when the grass was starting to come back. Councilman Utter said it would take a longer time to repair the problems after waiting this length of time. Another resident of the area also complained about the installation of the sod saying it is dry and rips right out. (The resident said his address is 760 Panorama Avenue.) Another resident said he had also had problems with the sod at 131 Panorama Avenue. ROMAN ROAD: 49TH AVENUE TO PANORAMA AVENUE: i�ir. Thomas Kelly, 4917 Roman Rnad, addressed the Council and said there are large cracks in the road in his area. He further pointed out that there is one in front of his home and two to three down the block. Mr, Allen Swanson, 4964 Roman Road, said he was the only one with a front and side yard assessment on his property. The Assessor said he did have a front and side yard assessment. A resident of the area asked what the road limits were on the improved streets, The City Manager said there would be a four ton limit on the streets in the spring months, but there would be no limitation during the remainder of the year. ThP resident asked if the large type semi trucks were allowed to travel the roads. The City Manager said if they are doing this in the spring, the residents should notify the Police Department. STARLITE BOULEVARD: o1ST TO SYLVAN LANE: � � The Assistant Engineer informed the Council that this was sti77 �n the same area and would receive the same assessed amount for the front and side yard assessments as previously mentioned. Mayor Liebl asked if the assessments in this area were consistant with the policy followed by the City for many years, and the Assessor said yes. The Assessor continued to explain the area had been checked for previous side yard assessments and for the area not assessed by the first improvement, the side yard � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 5 areas were assessed for this improvement. He said this had been determined down to the feet of �rontage covered on each of the areas. f�layor Lieb7 asked if the water still stood in the area. He continued to comment had had heard the people were concerned about the water standing in the sidewalk area. The people of the area indicated the water does not stand in the sidewalk. Mr, Clarence Peterson, 6241 Trinity Drive Northease, addressed the Council and � questioned if he had been assessed for a full side yard assessment and paid this previously. He asked if it would be possible to see the records to determine if this could be a double assessment. Councilman Utter explained there had been some confusion in this area about the receipt of the notices. He explained there would be no assessment for the sidewalks. Councilman Breider affirmed this statement saying the cost of the sidewalk had come out of the general fund. The City Manager explained the notices had been sent to the affected residents, but the cost of the sidewalk would be coming from the general fund. a resident of Trinity Drive said the area residents did not want any addi�ional sidewalks, and they had all received the forms of notification from the City which indicated the mention of the installation of the sidewalks, P�ayor Liebl stated there would be no sidewalks in this area. A resident of Trinity Drive said ten different people had called concerning this matter, and received ten different answers. He restated, every caller got a different answer. The Assistant Engineer said if the clerks answered the ca17s and looked at the notice, �hey would state there were sidewalks in the improvement. He said the only installation of sidewalks was the one being paid for by the general funds, and no additional sidewa7ks are p7anned for this area. Mayor Liebl said there may be some confusion at the present time because the Council � and the staff are currently working on an overall sidewalk plan for the City. He showed the map of the overall proposed plan to the members of the audience, and said those noted would not be completed for a matter of years, and only those peop7e who wanted sidewalks and needed them for safety reasons would be included in the plan. He said ihere are high priority areas for the installation of the sidewalks. He continued, this would be done in conjunction with the wishes of the people and funded by general funds. � resident of the area asked if there was a long range plan for the placement of curbing on all of the City streets. Mayor Liebl said yes, this is a ten year p7an. The City Manager said 85% of the City's streets have been improved. Mayor Liebl pointed out that the cost of maintenance of the City's streets are cut to 10% after the installation of the improvements. He further explained with the sealcoating, the streets would last many more years. f�r. Krueger satd he had paid for two streets whi7e he resided in the area, and asked how many more he would have to pay for. Mayor Liebl responded, the street should last at least 20 years. Tne City Manager said thts was a current conservative estimate and he wished he would be able to state a longer period of time, but would not want to make a statement which would for some undetermined reason, become false. He further explained the City had purchased another street sweeper and with the sealcoating and proper maintenance, this will make them last much longer. � Mr. Krueger said he believed the City staff did an excellent job of snow plowing in the winter months. Mayor Liebl stated, with the improved streets, this operation should become easier and more efficient. The City Manager said none of the money for the improvement of the streets would come out of general funds, this is all assessed to the abutting home owners. He said the cost of the maintenance of the City's streets does come out of general funds and all of the City takes care of this. 4e said the costs of patching and maintenance of the unimproved streets is extensive. i�ir. Herbert Neeser, 6220 Starlite Boulevard, addressed the Council and questioned the placement of the large asphalt chunks and pieces of concrete in ihe vacant lot in the area of his home. f9ayor Liebl said this is private property and i� does look bad. He suggested the owner be contacted to alleviate this problem by ��, ��;�' PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 6 covering and sodding. The Assessor said the City staff had been taking the chunky fill out of the area, but the owner of the property had called the City offices and informed them that there was a restrictive covenant tn this area which stated no material would be removed from the plat, The resident questioned if all the stipu- iaiions in such a covanant would be respected. He mentioned the contractor had promised the buyers of the property in the plat that there would be trees planted a]ong the railroad tracks, and this had not been done. The City Aitorney said this type of agreement is between the deve7oper and the property owners, and the Ciiy does not become involved. He said this type of agreement for the placement of fill is quite co�renon practice in development. He said there may be some low areas where the fiil from the digging of basements and excavation of the higher areas wou7d be needed to develop the entire area. Councilman Breider said there is a requirement that if this type of fill is used in the City, it etiill be covered with black dirt and sodded, Mayor Liebl said the property owner should be notified about this requirement. f; resident of the area said he wou7d ]ike it a matter of record that there are cracks in Starlite Lane. The City Manager said this is a condition that is a natural process and would be corrected in the sealing. He said there is also a crack filling that is used, Mayor Liebl said the City should insist the contractor do as much as possible at the present time to provide a good street. A resident of the area, stating he ]ived on Clearview, said he was told that all of the assessments were paid on his property. He �xplained he had just moved into the home a couple of months ago. He again stated the seller had indicated that all of the assessments and pending assessments had been paid. The City Attorney said if the home closing was just recently, he was sure that the current assessments had been pending at that time. lie said lie thought the seller had a iegal responsi- U�lity to pay the assessments. SYLVAIV LANE: STARLITE BOULEVARD TO JUPITER DRIVE: � resident of the area said there was a real problem with this section and there had been before the street was installed, and this was the reason the street had been petitioned for. He continued the area had been promised a crown street, but it is as flat as can be, iie said the water comes around the corner just like it is in an open sewer. The City Manager said the street did have a crown, but his may be a minimal crown. He said the Engineering Department Would look at his if the water runs across the road. Mayor Liebl said waier prob7ems in water prob7ems. the people in this area had petitioned for the street because of the the area, now, ihey are paying for a street and still have ihe I�ir. W�lliam Zurbey, 145 Sylvan Lane, explained that the water goes over the top of the curbing and runs like an open sewer. He added, if the catch basin p7ugs, it floods ihe entire intersection. Mr. Paui Scherven, 131 Sylvan Lane said the catch basin is higher than the grade of the roadway and the water stands in the street. I��r. Zurbey said if the road were a crown road, the water wou7d run on both sides of the street. � � Councilman Breider said when the improvement was to be instal7ed, che City had told the people in this area that they would receive good drainage after the improvement. � He said the Engineering Depart�nent had better get out there and look at this area. Counci9man Breider said he had also 1`eceived complaints that there was no black dirt on the top of the ground before the sod was placed there. Mr. Frl Wetterberg, 175 5ylvan Lane, Shcd the sod had been laid unevenly in his yard and after the winter, it had sunk, h1ayor LIebl said he had seen this area and agreed that the sod needed to be replaced. f�r. Wettergerg said there also is some work needed on the driveway because it was replaced with ridges, Mr. Alvin Ricks, 161 explained there was by the curbing. Sylvan Lane said he also had problems with the sod. He a big hole in the area and it is impossible to mow the grass The City Manager said the Assistant Engineer would review the area. L� I PUBLIC HEARING MEETING OF MAY 13, 1974 66TH AVENUE: PIERCE STREET TO CHANNEL ROAD: PAGE 7 The Assistant Engineer said the front yard assessment per foot would be $70.27 and the side yard would be $2.44. He pointed out that the estimated price at the preliminary assessment hearing was $11.09 and this was a decrease of from 7 to 8 0 0. A resident of the area which had been previously heard asked why this area's assessments were a different price. Ihe City Manager said this is a narrower roadway, and this is a litt7e less expensive. ALLEY: BETWEEP� BEECfi AN� HICKURY STREETS, 78TH AVENUE TO 79TH AVENUE: Nlayor Liebl pointed out that this was an industrual project. The Assistant Engineer said the price would be $4.74 and had been estimated at $5.14 per foot. ROAD: EAST SIDE �F RAILROAD TRACKS FROM MISSISSIPPI STREET TO RICE CREEK: The Assistant Engineer said the Burlington Northern Railway assessment would be $7,500, Fridley Bus Company's assessment would be $2,893.77, and �esignware's assessment would be $5,787.53. Mayor Liebl asked if there was anyone present to represent Burlington-Northern and there was no response. P+layor Liebl asked if Mr. Brink from Designware was present. i�ir. Brink answered. Mr. Dave Brink, �esignware, addressed the Council and said he had talked to the people at City Hall concerning this assessment and they had indicated there were � three different assessment rolls possi6le, and the figures were not the same as being auoted at that time. Mr. Brink explained the maximum benefit to his property in light of the possible future expansion of this business to be limited. He questioned the need for extensive future expansion of this facilty to the maximum point when tn the past 14 years ihere had noi been any need for extensive expansion. f1r. Brink explained neither he or the representatives of the Bus Company favored the installation of this roadway, but, unfortunate7y, it had been determined that the access in the other area would not be suitable. He said he felt the real benefit was to the Fridley Bus Company Mr. Brink continued saying he finds it hard to believe that he would have to pay for more than one half of the assessments for the road, and certainly not two thirds. He again stated he had heard there had been three proposals for this assessment. Ne commented, if the assessments are considered according to the benefit received, he could not see any real henefit in favor of �esignware, not even one half of the cost. � P�ayor Lie61 asked Mr. Brink if he thought the amount of the assessment was too much, and Mr. Brink said if the costs are divided, he felt he should perhaps pay 30% of the cost, not including the amount assessed to the railroad. Mayor Liebl said the criteria in the City of Fridley is that the abutting property owner is assessed in industrual and commercia7 areas. i�1ayor Liebl said there was an offer made by Burlington Northern to pay a portion of the assessments. Mr. Brink said he felt this to be very generous on the part of Burlington-Northern. f�9ayor Liebl asked if there was anyone present representing the Fridley Bus Company. Mr. Carl Newquist, Attorney, addressed the Council and said he was speaking on behalf of the Fridley Bus Company. He recalled the parties involved in the assessment of this area, Burlington-Northern, Designware and the Fridley Bus Company had met with members of the Fridley staff on February 14, 1974. He said at this meet9ng, it had been determined how the assessments would be spead out. Fle said at this time the Bus Company assessments were $1,300 and they had offered to pay approximately $2,500. He pointed out that this is almost double what the assessment amount would have been. Nir. Wewquist felt that Designware cou7d not be considered because of the currently being used portion of property. He pointed out that Designware owned eight lots and the Fridley Bus Company had only one iot. He said the assess- ments had to be determined not on what is being used in that area today, but what could be done to the area in the future. Mr. Newouist stated the Fridley Bus Company would not pay anymore than the $2,500 to settle the matter. ,, , �, ��_ ; PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 8 f�lr. Brink pointed out that the amount of property being used at the present time to be 40q. He said �he maximum amount of building that couTd be done on the property would be 50 %, and there would be no need for the roadway. He said with the bu�]d�ng restrictions and requirements, there is no va7ue on the remainder of the property except for greenery. He stated, they are paying heavy taxes for greenery. r+1ayor Ltebl said the final assessment roll would be adopted at the following Monday's r;egular Council meeting. UNIVERSITY AVENUE WEST SERVICE DRIVE: 392 FEET NORTH OF OSBORNE TO 79TH AN➢ 'r u �n7 cG��iTrr• �oru n�rrnnir -rn 4lCT nvrmiir. The .4ssistant Engineer said the estimated cost for this area had been $27.98 per foot and now the final price would be $25 per foot. He pointed out that there was some concern over the soil conditions in this area, and they were not as bad as expected. Mayor Liebl asked if there was any question about this area and there was no response. 77TH AVENUE• MAIN STREET TO RANCHERS ROAD: The rassistant Engineer said this area had been estimated at $23.99 per foot and the actual cost was $15.06. Mr. Richard Harris, addressed the Council and asked if the City staff or Comstock and Davis had designed 77th Avenue. The Ciiy Manager said this had been done by the City staff. f��lr. iiarris questioned if the person who had designed 77th was abie to read instruments. He sa�d the elevation of the street is the same elevation with the floor of the building. He stated, the parking lot cannot be drained. Mr. liarris also mentioned the method of figuring the assessments in this area is noi correct because this is not a normal block. P✓Ir. Herrmann pointed out the method of assessment in this area and said this is a matter of policy. He said this area was figured the same as the Main 5treet area. RANCHERS ROAD: 77TH AVENUE TO 79TH AVENUE: The Assistant Engineer sa�d this was in the same project and the assessments were the same as 77th Avenue. a1ST AVENUE: BEECkI SiREET TO MAIN STREET. The Assistant Engineer said this was in the same project also. He repeated the front assessment to be $51.06 and the side yard to be $2.08. BEECH STREET: 79TH TO 81ST AUENUE: Mr. Sobiech said thts was also the same price and the same project. Councilman Breider questioned the reason for the side street assessment on the left side of the street. Ne said there had not been any improvement which would be assessed as a side yard in this area. rir, Herrmann said he would check on this area and report back to the Council the following week. 78TH AVENUE: ALLEY BETWEEN HICKORY STREET AND BEECH STREET: The Assistant Engineer said this was the same assessment amount as �he previously mentioned areas. SIDEWALKS: STtVLIJSG�V SCHOOL: STARLITE AN� TRINITY: The City Manager said this had not been assessed to the people of the area, it was to be paid out of general funds. OVERLAY. 73RD AVENUE: Counc�lman Breider questioned the difference in the surface elevations stating if a car is driven over the bridge, it throws the car. Councilman Utter agreed to this point, � � � � L� � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 9 The CiLy Manager said this had been done for this reason to provide for additional services to be installed when the area is developed. He pointed out this is an industrua] area and it had not been determined what type of services would be needed in this area. The City Manager said it would be possi6le to install some material for the transitional area. CURBING: BcE�H SIREET: 77TH TO 79TH AUENUE: The Assistani Engineer said the amount of assessment for this curbing would be $4.9u. Mr. Richard Harris, addressed the Council and said he had a question with the amount of assessments for 78th Avenue, He recalled the people owning property in the area were promised by the Council that they wou7d be credited for any mat placed in this area previously, when the final improvement was installed. Councilman Breider agreed, saytng this had been done by Council Resolution, and he said the people were to be credited back the money Which had been previously applied for�the mat. rv1r. Harris said he would receive a credit of $1,600. flayor Liebl agreed and stated the Administration should locate this resolution and also credit the money due to the property owners in the area. Wlayor Liebl asked if there were any questions concerning the installation of curbing on Beech Street and there was no response. C�RBING ELM STREET: 77TH AVENUE TO 79TH AUENUE: CURBING: P1ATN STREET: 77TH AVENUE TO 79TH AVENUE: CURBING: 69TH AVENUE: STIiJSOiJ BOULEVARD T� 1300 FEET WEST: The Assistant Engineer said the final price of the assessment for the curbing in the aforementioned areas would be $4.95. There were no quesiions concerning this assessment, i�OTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimous7y and the Public Hearing on S7. 1973-1 closed at 9:28 P.f�l. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT N0. ST. 1973-2: P10TION by CounciQman Utter to waive the reading of the Public Hearing Notice and open the Pu61ic Hearing. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on 5treet Improvemeni Project ST. 1973-2 opened at 9 29 P.f�l. F1AIN STREET: 79TH AVENUE TO 83RD AVENUE: The Assistant Engineer said the estimated price for front footage had been $28.01 and the final assessment for front footage wi71 be $16.95. He explained, it was throught that there would be trouble in this araa with the subsoil, which did not prove to be any problem. hle said th� side street assessment wou7d be $1.90. Mr. Richard Harris questioned the high cost of Main Street on the north of 79th. He said he would pay his assessments for this area, but would pay them in protest because of the high amount. He compared the high assessment received 9n this area in 1971 with that received at the present time. h1r. Harris recalled ihis assess- ment was much higher than the $16.95 quoted at the present time, and thought it was in the neighborhood of from $19 to $20. �9r. Harris said he had protested the high amount at the time of the assessment hearing on this ro11. He said he had 6een answered by the former City Manager, f��ir. Davis who wrote that his objections were unfounded. He quest�oned why the assessments for one end of the street shou�d be so much higher than on the other end. He stated, the soil conditions in the area now being assessed are not up to those in the north end. He said he did not think he had been treated fairly in this instance. r, - � R i�� PU&LIC HtaKING MEETING OF MAY i3, 1974 83izU AVENUE: hIAIN STREET TO UNIVERSITY AVENUE: PAGE i0 The assessments for this area were the same as on Main, mentioned previously. There was no comments concerning this improvement. 79TH AVENUE: BEECH STREET WEST TO ALLEY AND MAIN STREET TO UNIVERSITY AVENUE: This assessment was explained to be the same as Main Street. There were no ob,7ections or questions concerning this portion of the pro�ect. 79TH AVENUE - CURBING; BEtCH S7REET TO MAIN STREET: 61ST I�VENUE: STARLITE BOULEVARD TO MAIN STREET: ihere were no questions on this portion of the improvement. ,i0TI0N by Councilman 6reider to close the Public Hearing. Seconded by Councilman Utter. �pon a voice vote, a17 voting aye, Mayor Liebi declared the motion carried unanimously and the Public Hearing on the Assessment Roll for ST. 1973-2 closed at 9:36 P.M. CONSIDERATION OF VARIANCES REOUESTED FOR A RESIDENCE ON LOTS 33 AND 34, BLOCK A Mayor Liebl listed the communications which were included in the agenda material to 6e as foliows: � Communication from Darrel Clark, Community Development Administrator to Virgil Herrick, City Attorney, dated April 15, 1374; letter from Mr. �lrnold I. Fe9nberg, Attorney for Fred S. Yesness, Inc., to the City Manager, dated April 9, 1974; letter from Mr. Ro. 0. Zaczkowski, 314 Hugo St. P4. E., to the City Engineer at that time, Mr. Nasim Qureshi, and dated August 3, 7970; and a communication � from Mr. R. E. Uenne, adjacent property owner, to Mr. IVasim Qureshi, dated August 3, 1970. The City Attorney said the letters had been submitted for background material for the Council's consideration. He said he had brought this matter to the Counci7's attention because he had rece�ved a letter from the applicant's attorney and had also ta7ked io the attorney on occasion. Fle said if the Council took action to de�ny the request, the applicant would likely go to litigaiion, fie said he was not saying the Counci] should grant the request, ��e was only informing the Council if they do not grant the permit, the applicant wauld most likely bring action against the City. The City Attorney continued to explain that the property owners of the two lots adjacent to the property have objected to the bu`ilding being constructed on a 50 foot lot. He added� i1105t of the other lots in the area are larger and the City has granted permits to 50 foot lots in the City, Councilman Breider repeated, the man wants to build on a fifty foot lot and there is a vacant 50 foot lot adjacent ta this. He sa�d he thought the Council should consider the adjacent situation. He said the Council had granted permits where there is no building site next to the property in question. Councilman Breider felt even if the City were to 6e brought to litigation on the matter, the Council should take action to not grant the building permit on a 50 foot lot. He stated, the people of this area have tried to build up the standards of the lots in the area, and ihis action would he detrimenta7 to their efforts. Councilman Breider said he would not favor issuing a bui7ding permit in this area. The City Attorney stated he wanted to make the Council aware of what is happening on ihis matier. He saia h�� vaould like to send the applicant a letter notifying him of the feelings of the Council. P1ayor Liebl said if this is granted to one, it would have to be granted to the others, and this would destroy the neighborhood. Mayor Liebl recalled the Council had granted two variances to persons for 6,500 square feet of property, but he would suggest the applicant build on two of the 50 foot parcels of 7and and make a reason- able investment in the area. � PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 11 P9ayor Liebl questioned the residents of the area who were present and asked the average investment in the homes in the area. A resident answered from $18,000 to $20,000. Another resident said he believed the City requirements should be met in this instance. He questioned if the man wanted to bui7d the house in th�s area just to � make a profit, he added, this wculd be wrong. He said this should not be done in a residential area. The City Manager said there are four instances of granting variances to persons with 50 foot lots on Hugo Street. He said this may make the opposition to this variance quite weak in the eyes of the judge. He suggested rather than letting the matter go to court, suggesting some agreement so the other properties in the area mtght be utilized to create 60 foot lois and buildable sites. Ha said in the older plats, the 60 foot lots would meet the requirements. He stated tn the newer plats, 75 foot lots are required. He suggested some means of agreement rather than going through a law suite that may be lost. An abutting property owner said he owned the property on one side of the property being discussed and he was not interested in seiling any property at the present time. The City Attorney said the judge may think if the 50 foot lots are platted, they should be buildable. He said they could be considered worthless if they cannot be built on. He said he could not determine what the outcome of this type of litigation would be. A resident of the area said the lots in this area are platted as 25 foot lots. The City Attorney said this would be�ne of the arguments in this type of case. He continued saying if the court wou d decide that it was a building site because � it is a platted lot, he would question where this would end. P1ayor Liebl said the people of the area would have to have three of the twenty five foot lots for a buildable site. lhe City Manager again stressed trying to encourage the parties to work out something that would be suitable for this area. He said there are four homes on fifty foot lots in this area at the present time and one of these is adjacent to the property. MOTION by Councilman Nee to reaffirm the previous action of the Planning Commission and the Counci] action which was to deny the request for the variances on Lots 33 and 34, Block A, Riverview Heights Addition. 5econded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MR. GARY BARKER, 5800 3R� STREET, REQUEST FDR AID IN CONTACTING STATE HIGHWAY Mr. Barker addressed the Council and said he had been at the previous meeting of the Council and had been told that the material presented the Council would be reviewed by the Administration with a report 6eing made at the present meeting of the Council. The City Attorney said he had d�scussed the matter with Mr. Barker concerning the licensing requirements of his motor for regu7ar bicyles, and he had advised him that � any waiver in the requiremenis would have to come from the State. The City Attorney further explained that the State Highway Department has definitions for motor vehicles and the City of Fridley would have to meet the State requirements. Mr. Barker asked if he would need a license to sell the equipment in the State. The City Attorney said no, but if he would sell the equipment to an unlicensed driver, he would be doing so contrary to the laws of the State. He said this would be no different than operattng a mini-bike without a license. MOTION by Councilman Starwalt to authorize the City Attorney to write a letter to the State Highway �epartment and to the Attorney General, without endorsemen� of the product, requesting the statement of the requirements on this type of equipment. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. �,, PUBLIC HEARING MEETING OF MAY 13, 1974 PAGE 12 i•10TION 6y Councilman Utter to adopt Resolution #54-1974, approving and authorizing signing the agreement estabiishing working conditions, wages and hours o� employees of the City of Fridley Fire Department for the year 7974, Seconded by Counci7man Breider. upon a voice vote, all voting aye, ,�layor Liebl declared the motion carried unanimously. NATURE INTERPRETIVE PROGRAM: P90TION by Counc�7man Utter to receive and concur in the report from the City Manager dated May 13, 1974 concerning the status of the Nature Inierpretive program. Seconded by Councilman Starwalt. Lipon a voice vote, all voting aye, Mayor Lie61 declared the mot�on carried unanimously. NORTH PARK DEVELOPMENT• APJD RESOLUTION #53-1974 - TO REOUEST THAT Councilman Breider said due to the action of the previous week, two items which the Council had taken action on would have to be postponed, He said one of those plans would be the the preparation of preliminary plans for the golf course and the other wou7d be the decision on the statement by the Environmental Quality Councii. He said this was due to the action of the City Council to put the issue on the utilization ofthe North Park area to the people at the general election in the fall in form of a referendum. Councilman Nee questioned if the State Environmental Quality Council could lawfully postpone this question. Councilman Utter said he wou7d not want to spend $8,000 for an Environmental Impact Statement at this time. Mayor Liebl said the City should let the State Environmental Quality Council know what is happening on this issue. He said they should be informed about the referendum. Councilman Breider questioned the point of asking them to present an impact statement on something that may not happen. Councilman Nee stated, they may make a decision that the construction of the golf course is not feasible, and the referendum on the issue would not be necessary. Mrs. Lee Ann Sporre asked if the current ection of the Council means that the Council in any way had changed their position on the use of North Park. Mayor Liebl said no. N member of the audience questioned if it was still the intention of the Council to develop a golf course in North Park. Councilman Breider said the position of the Council at this time would be to allow the issue to go to a referendum. He said he felt until this is accomplished, the Counci7 would be neutral. Pirs. Sporre said she would like a roll call on the statement ihat the Council is neutral at this time. She said she would like something offictal. She woulc4 like to know if the decis�on of the people at the referendum would be final. Councilman Breider said personally, h� would not be neutral on the issue, out as a Council, it should be neutral until the time of the election. He continued to expiain as an individual, he wauld not take a neutral position, he would support a golf course. He said he would vote like an individual. Mrs. Sporre quesiioned how this information wouid appear on the ballot, would it be a golf course versis a nature center at the North Park site without the present- ation of the alternate placement of the golf course. � � � PUBLIC HEARING MEETIN6 OF MAY 13, 1974 PAGE 13 Councilman Breider said the issue would be, golf course versts a nature center in North Park. He added, the issue had been North Park and he would like to keep it in this context. MOTION by Councilman Breider to adopt Resolution #53-1974, requesting the Environm- ental Quality Council to postpone its final decision on the Environmental Impact Statement for the use of North Park. Seconded 6y Counctlman Utter. � Mayor Liebl read the proposed resolution. Mayor Liebl said the Planning Assistant, f�r. Jerrald Boardman would be taking ihe Resolution to the Environmental Quality Council meeting the next day if the Council adopted the Resolution. � 1 UPON A VOICE VOTE, Councilman Breider, Councilman Starwalt, i�ayor Lieb7, and Councilman Utter voting aye, and Councilman Nee voting nay, fviayor LIebl declared the motion carried four to one and the resolution adopied. MOTION by Councilman Breider to direct the Administration to delete any preliminary p7an on the golf course until the referendum and also delay the use of the architect until after the referendum. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Lie61 declared the mot9on carried unanimously. SPtCIAL APPROVAL TO FRIDLEY JUBILEE COMMITTEE TO SET UP BANNERS AND DTHER SIGNS IN MOTION by Counci7man Breider to approve the sett�ng up of banners and other signs in public areas by the Fridley Jubilee Committee. Seconded by Councilman Uiter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. AD�OURNMENT: P90TION by Counci]man Starwalt to adjourn the meeting. Seconded by Counci7man Utter. �pon a voice vote, all voting aye, P9ayor Liebl declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of May 13, 1974 adjourned at 10:55 P.M. Respectfully submitted, �ircua.c«./ /� G� Patricia Ranstrom Secretary to the City Council C�i,,..e3. / 9.� � Date pproved. ' 1t� �' Q., ,�,�,�Q_. '�'�+'C � . Frank G. Liebl, Mayor