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12/08/1980 - 00013370m� � THE MINURES OF THE PUBLIC I-iEARIidG MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 8, 1930 The Public Hearing Meet�ng of the Fridley City Counc�l was called to order at 7:38 p. m. by Mayor Nee. DGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegtance to the Flag. � ROLL CALL: MEMBERS PRESENT MEMBERS ABSENT� ADOPTION OF AGENDA: � Counc�lman Barnette, Councilman Schnetder, Mayor Nee, Counctlwoman Moses, and Councilman F�tzpatrick None MOTION by Counc�lman Barnette to adopt the agenda as submttted. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, h1ayor Nee declared the motion carried unanimously. PUBLIC HEARINGS PUBLIC HEARING ON AN ON-SALE NON-INTOXICATING MALT LIQUOR LICENSE TO ROGER VAN BERGEN DBA: BIG B'S PIZZA FOR THE PROPERTY LOCATED AT 317 OSBORNE ROAD N. E. MOTION by Councilwoman Moses to watve the readtng 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 ard the public heaing opened at 7:40 n. m. Mr. Qureshi, City Manager, stated the staff has no pro�lem with this request for an on-sale non-intoxicating malt liqor license and the purpose of the hearing �s to receive any �nput from the publtc. Councilman Schnetder questtoned if th�s was a renewal of an existing license Mr. Van Bergen, the appltcant, stated he would be the ne�N owner and would be purchasing the business which is presently owned by Mr. Bob Johnson. He further stated he would be operating the bustness in the same manner as it ts now and it would be a family operation. No other persons in the audience spok.e regardtng this request for the ltcense. MOTION by C0.uncilmar� Schneider to close the public hearing. Seconded by Coun- woman Moses. Upon a voice vote, all voting aye, 11ayor Nee declared the motion carried unam mously.and the pu6lic hearing closed at 7 43 p. m. 'JT PROJECT N0. 132 MOTION by Councilman Schne�der to waive the reading of the �ublic hearing notice and open the publtc hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hear�ng opened at 7:43 p. m. Mr. Qureshi, City Manager, stated the C�ty has, basically, sent notices to all � residents �n this area, even though some will not be assessed, in order to provide information to all property owners who might have some interest in what the City is dotng regarding water quality in Moore Lake and make them aware what would be done with the drainage in their area. Mr Qureshi pointed out those persons who are here and not in the "orange area" as shown on the map would not be assessed, but wanted to give them the opportunity to hear about the proposal for improvement of Moore Lake. 3�t 4 PUBLIC HEARING MEETING OF DECEMBER 8. 1980 PAGE 2 1r. Qureshi explained the City is divi,ded into different dra�nage districts and this is a ma�or area tn the Ctty that hasn't been totally served by a �irainage system. He stated, in the 1960's, a hearing was he1d on a proposal to drain this area along the Arth�.r Street to Rice Creek, however, the area was sparsely developed at that time and the cost was quite excessive and the Counctl chose not to proceed with the total improvement. Mr. Qureshi stated, in 1972, the Council adopted a policy for improvement of the drainaqe in staoes. He pointed out the areas on the map, shown in ' green, brown and gold, which have had assessments for drainage improvements. Mr. Quresht stated what is proposed now is to improve the drainage on the end of the system to connect to the existing storm sewer system on the west side of Highway 65. He stated because this improvement will not fully complete the �ystem, the proposed assessment is lower that what was ortginally anticipated. Mr. 4ureshi stated there are four existing outlets dumping water into Moore Lake and with the drainage improvement, dredging will he done to remove the excessive deposits, real�gnment of some of the extsting outlets to move them away from the beach area, use of an ex�sting water storage area near Lynde Drive to further filter the water, and to remove two outlets that are draining into Moore Lake and have them drain directly into the storm sewer system. He further stated there would be a study to determine which of the four methods proposed would be the best method to control the Aquatic growth Mr. Utter, 6084 Woody Lane, asked if only the properties shown in the "orange area" on the map were to 6e assessed or all property owners on the East side of Central. Mr Qureshi stated only those properties, outlined in orange on the map, would be assessed. Mr. Utter pointed out there is drainage from Highway' S5 into the"1'a'ke and constant pollution and no way to get rid of it. He felt the salt used by � the Highway �epartment in the winter also creates a problem. Mr. Carl Wiemann, 6044 Central Avenue, stated the notice they received on the hearing referred to assessing the east side of the lake and wished to clarify that these properties wouldn't be assessed. Mrs. Wiemann asked staff to differentiate the City of Fridley's obliaation vs. the area outlined in orange on the map, Mr. Qureshi stated the property owners, shown in the orange area on the map, will be paying for a drainage system and it ts a separate issue from what is being expended for lake improvement of Moore Lake. It was po�nted out the storm sewer system and improvement of Moore Lake were two separate projects, but are interrelated and one could be done without the other, hut they proba6ly should not be done seaaretely Mrs. Wiemann asked if the orange area on the map involves some City-owned property and she was advised there is some City property in this improvement project. Mr. Dan Nelson, 6080 Central Avenue, stated he has four acres on the northeast shore of Moore Lake which would amount to quite a bit of square footage Mr. Nelson felt, even with the improvement, it will not entirely clean up the lake and yet the City wants to spend the money. I� ��?15 PUBLIC HEARING MEETING OF DECEMBER 8, 1980 PAGE 3 Mr. Quresht potnted out that almost all properties in the City have paid for some storm sewer improvement and thts area should be taken care of like other drainage systems in the City wh�ch l�ave paid their storm sewer assessment. He pointed out the Council, in 1972, could have chosen to put in the �mprove- ment at that time, however, they chose to adopt an approach of stage construction and to equalize the assessment in order to minimtze the effect of the improve- ment. He stated the City has taken the approach that everyone v�ill pay for dratnage and they are being asked, at this time, to pay their fair share. � Mrs. Nelson, 6080 Central Avenue, stated their assessment would be $4,875.00 and felt that is a b�g sum to clean up the lake. Mr. Nelson stated he doesn't feel it is logical to try and clean up a lake that connot be cleaned, particularly, when the water will be diverted into another waterway or lake. He questioned what way they would benefit from the improvement. Mr. Qureshi felt the load on the lake would be reduced, therefore, it wouldn't deterior�ate as it has been do m g and the dra�nage system now going dtrectly into the lake would be diderted into another system. Councilman Schneider stated when the City was addressing the pollution of Moore Lake, it was noted that something less than 1/2 of 1% of additional nutrier;ts would 6e dtverted into Rtce Creek and because the creek is a flowing body of water, they would have less effect than draintng tnto the lake. He pointed out the Rice Creek Watershed District would not allow the City to merely inove pollution form one place to another. Mr. Nelson pointed out that on the North end of Moore Lake, there is already drainage towards Rtce Creek and questtoned what �s gotng to keep the level of the lake up tf they don't have drainage coming into it. Counctlman Schneider stated that �ssue was addressed in the study and based on rainfall and the outlets, it was felt the lake will ma�ntain the proper level. � hir. Nelson stated he wished to go on record that he ts opposed to this improveinent. Mrs. Nelson stated if she has to pay $4,875.00, she didn't want the drainage system at all. Mr. Jerry Wraneschetz, 6355 Pierce Street, stated at the present time there is a concrete pipe that runs through his property and empties into a vacant lot that drains into the lake and asked if the C�ty is gotng to lay pipe and el�minate the open ditch into the lake. Mr. Qureshi stated the City will use as many open ditches as they can because they act as an absorbant for nutrients to lessen the pollution. hir. Wraneschetz felt the City wasn't gaim ng anyth�ng by dotng the improvement because the ditch will ,7ust fi 11 up again. He further pointed out that tn 197II the property owners in this area had an assessment for streets, curbs and gutters, which averaged about $1,500, and felt this is ,7ust another added 6urden and he had his doubts whether or not it would be effective. Mr. Duane Levandowski, 6361 Pierce Street, stated he has an open drainage ditch in the back of his property and water fills in this ditch up to his house. He pointed out he had water three feet deep in his back yard and has lost his garden area. Mr. Qureshi stated what the City would do is clean the ditch and re-shape it, � however, it would not substantially improve Mr. Levandowski's problem. He felt �t would be better for �4r. Levandowsk� to build up his yard so the drainage was lower than hts property. Mrs. Glor�a Wiemann, 6044 Central, asked for a breakdown in terms of financing this $160,000 pro,7ect. Mr. Quresht stated the property owners will be contrib- u�ing by assessments the amount of $144,404, wh�ch leaves the City a balance of approximately $46,000. 31 �i PUBLIC HEARING MEETING OF DECEMBER 8, 1980 PAGE 4 Counc�lman Schne�der po�nted out the land owned by the City is assessed in the same manner as the other property owners. Mr Leo Nelson, 6065 Central, stated he wished to go on record that he is not in favor of the �mprovement. Mr. George �ehiarais, 6411 Pierce Street, stated he has lived at this address for 25 years and wantes� to go on record he isn't in favor of this pro�ect and can't see where it would help the area. Mrs. Gray, 6062 Central Avenue, questioned if the City was trying to cut out everything draim n9 into Moore Lake. Mayor Nee stated they would do what is economically feasible and pointed out there would also be a biological filter to take out nutrients. Mrs. Gray stated she ,7ust couldn't see thts helping the problem. Mr. Welding, 6491 Central Avenue, questioned the amount of the assessment and P4r. Qureshi stated it is $4.96 per 100 square feet. Councilman Barnette pointed out that Mr. Welding's property would not be involved in this assessment area. Councilman Schneider stated the matter of a storm sewpr 5ystem'gets back to the original plan so water coming from the area shown in "orange" on the map doesn't e-ffect someone else's property, in this case, �t is Maore Lake. He potnted out the study shows if they move this water elsewhere it would have a lesser effect on Moore Lake. Mr. Levandowski, 6361 Pierce Street, questioned if anyone across the street would be included in this assessinent. Mr. Qureshi stated they would not and all the lots along 63rd are not pr�posed to be assessed under this improvement. Mr Wranescheiz, 6355 Pirece Street, stated he could not understand why the properties on the East side of Pierce were being assessed and the properties on the West stde would receive no assessment. Mr. Qureshi stated when the whole drainage system in this area is completed, everyone would pay their fair share of the cost. He stated the Council's position in 1972 was that everyone in this drainage area would receive an assessment and it would be equalized. He pointed out other properties �n this drainage distrtct identified on the map tn green, brown and gold have already paid an assessment. h1r. �an Nelson, 60�30 Central Avenue, questioned if Council would be voting on this improvement this even�ng. Mayor Plee stated normally the hear�ng is held and action is not taken at the same meeting. He stated questions were ra�sed this evening that C�uncil members may want to check tnto as to whether or not th�s is a,7ustifiable project. Councilman Barnette asked if there was anyone present who would `like to speak in favor of the improvement to which there was no response from the audience. MOTIDN by Counc�lman Schneider to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unam nously and the public hearing closes at 8.50 p. m. IDERATION OF DAY CARE CENTER . �inn nnm �ni� i��n\ � � ' Chief Aldrich of the Fir,e �epartment stated the 5taff's position regarding this application hasn't changed, however, there is a variance procedure and ' the applicant may apply for this through the State Fire P�arshal's Office. R� � � PUBLIC HEARING MEETING OF DECEMBER 8, 1980 PAGE 5 Mr. Newman representing the Eit;y Attorney's Off�ce, stated the State has the f�nal dec�sion, but as an investigative body, the Council can invest�gate and make a recoinmendation which then the State w91 act on. Chief Aldrich pointed out you have a change of occupancy stnce a single family dwelling is being changed into an educational occupancy by the applicatton for a day care center. He pointed out when youilook at this from the standpoint of code enforcement, you are looking at something entirely different than a single family dwell�ng. � Chief Aldrich stated the Council could take a posit�on to lessen the l�fe safety standards in this City, but as he sees the rule under whtch they have to operate, feels the best �udgment was given to deny the application. He stated they have denied other applica�ions because of locks of this type, and felt in a smoke filled room it would be very difficult to find a key hole to open the door. Chief Aldrich stated he understrands the spot the Papke's are in, however, he felt they are dealing wtth different sets of spectfications and talking about security of tangible items and security of intangible items. He sug9ested the Papke's might think in terms of a solid core door that would negate the i�eed for the key and they could get by w�th a thumb operated lock which would be permitted. Councilman Schneider felt it would be negligent to ignore the staff's recommendation, even though he knows the Papke's word that the door wouldn't be locked would 6e carried through, this may not be the case in other applications received. Councilman Schneider suggested staff provtde a detailed memo on the next steps the Papke's would take, if they wished to apply for a variance from the State, and also what would be some alternatives regarding the locks MOTION by Councilman Schneider to deny the request from Mr. and Mrs. Papke , to waive the requirement of the Life Safety Code relating to the type of locks regarding thetr day care center operation, based on the letter from the City Attorney regard�ng the question on whether or not the Council has �ur�sdiction in this matter. Seconded by Councilwoman Moses. Councilwoman Nloses stated she could sympathize with the Papke's, 6ut realizing how difficult it would be to find a lock in a smoke filled room, she felt this is a life situation and the L�fe Safety Code would have to rate above security. UPON A VOICE VOTE TAKEN ON THE ABOUE MOTION, all voted aye, and Mayor Nee de- clared the motion carried una m mously. CONSIDERATION OF ALLOCATION OF 5% FRANCHISE FEE FROM CABLE TELEVISION: Mr. Qureshi, City Manager, stated in the tnformation received by the Counc�l regarding the cable television program, staff attempted to show the history regarding revenues and expenses. He pointed out the revenue 6oth for 1980 and 1981 could potentially be higher than what is shown and is only an estimate. Mr. Mark Scott, representing the Anoka County Workshop, stated he talked with the Manager of Northern Ca6levtsion, Mr. Terry �'Connell, and they are pro- �ecting the 1980 income to be about $35,D00 wh�ch will be recetved by the C�ty tn April of 1981. Councilman Schneider stated his one concern for the future is that they might � not have the 5°6 franchise fee as it may be cut by the Legislature He thought perhaps the Workshop should be approaching other governmental 6odies and trytng other sources for funds, �f the fee is not there in the future �.`3� 8 PUBLIC HEARING MEETING OF DECEMBER 8, I980 PAGE 6 MOTIOfd by Councilwoman Moses to authorize the Crty to enter into the agree- ment with the Anoka County Workshop for funding �n the amount of $15,325. Secontled by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. RECESS: A recess was called by Mayor Nee at 9•3D p.m. RECONVENE�: Mayor Nee reconvened the meet�ng at 9:40 p.m. present. NEW BUSINESS: All Council members were EST FOR TEMPORARY COVER OF "NO PARKIfdG" SIGNS: The Council received a letter from Mr. Robert 6ryant, 5421 7th Street, re- questing a lifting of the "no parkin9" 6an in the 5400 block of 7th Street on the evening of December 13, 1930. Councilman Schneider stated from a safety viewpo�nt, the Pu61ic Safety Director had no problem with thts request, however, his concern is it would set a pre- cedent and they may get other requests from residents in the area. Councilman Schneider felt probably the "no parktng" signs should ,7ust be re- moved, but there is a question if th�s should or shou7d not be done Mr. 6ryant stated he didn't request the removal of the signs, as he can't speak for removal, since he hasn't talked with the neighbors. He stated he didn't know why the signs were put up, but thought it might be because of park�ng problems involving the apartment buildings. Mr. Qureshi, City Manager, stated the quest�on of covering the signs does in- volve other people. Councilman Schneider questioned �f a procedure could be established, simtlar to the one used when requests are received for a block party, in the event of any other such requests. Mayor fJee stated, in some cases, the signs may be there for safety reasons and �n other cases, they are proba6ly there for conven�ence of the residents. Mr. Bryant po�nted out the request would effect only five homes in the area. Mr. Qureshi stated Council has the recommendation of staff for den�al, but could direct otherwise, if that is their desire, MOTION by Councilman Schneider to authorize the covering of the "no parktng" signs in the 5400 block of 7th Street, as per Mr. Bryant's request, and to direct the administration to adopt a procedure or policy covering future re- quests of this nature. Seconded 6y Councilwoman hloses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPROVAL FOR �iOND ISSUE AS REQUESTE� BY FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION 7-1980 RESOLUTIDN N0, 126-1980 PROVIDING FOR THE ISSUANCE AND SALE OF $2,2D0 ON ND, 127-i980 A UfHORIZING APPLICATION APdD AGREEMENT FOR MOODY' i nnnin nn-rrr.�n RESOLUTION NC` 128-1980 AUTHORIZING FINANCIAL CONSULTING SERVICES CO 1 , ' � , l. �' PUBLIC HEARING MEETING OF DECEMBER 8, 1980 PAGE 7 �� � Mr. Richard Ehlers of Ehlers and Associates appeared before the Council regarding the bond issue as requested by the Fridley Housing and Redevelopment Authority. Mr. Ehlers reviewed the exhibits, 1.00, 2.00 and 2.10. Exhibit 1.00 showed the total bond issue of $2,200,000 and the structure with land acquisition costs, cost of the sale and discount allowance. Exhibit 2.00 showed a computer run of the tax increment availa67e for debt services and Exhibit 2,00 shows that the tax increment will pay the debt service on the bonds. Mr. Ehlers stated these computations were made based on an interest rate of 9%, but felt, even though the market has deteriorated, the interest would be in the area of 9-;% to 9-?%, with an AA rating. Mr. Ehlers stated if the Counc�l w�shes to proceed with the bond sale,there is a resolution for issuance and sale of the bonds, a resolution directing the City Manager to apply to Moody's for a bond rating; and a resolution directing Ehlers and Associates to handle the bond issue. Mr. Boardman, City Planner, expla�ned t M s bond issue is strictly 6ased on the Village Green Development and at present values they have wtthin the tax incre- ment district He stated they are looking at the bond sale for tnvestment purposes and selltng the bonds on the tnvestment potential they have with V�llage Green. Mr. Ehlers felt it might be well to direct that the bids for the bonds be re- ceived in their offices a� 4:30 p.m. on January 19 and they can check them and make new computer runs to submit to the Council that evenin9 to see if the increment plan is working. He pointed out the Council has control up until the time they award the bid. MOTION by Councilman Fitzpatrick to adopt Resolution No. 126-1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Moses to adopt Resolut�on No. 127-1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Counc�lman Barnette to adopt Resolution No. 128-1980. Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Schnetder to authorize payment of Claims PJo 336543 through 339R16. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A�JOURNMENT h10TI0Dl by Counctlman Barnette to ad�ourn the meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously and the Publtc Hearing Meeting of the Fridley City Counctl of December i3, 1980 ad,7ourned at 10:30 p.m. Respectfully submitted, -���-� ��,�yc- Carole Haddad Secy. to the C�ty Council Approved: December 15, 1980 y � '� �7 � � 1 Y � )� i ,! /� �, j � '��Ci L���-� �� / �� ;/ William J.`Nee Mayor