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05/11/1981 - 00013214� , � THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 11, 1981 The Public Hear�ng Meeting of the Fri�ley C�ty Council was called to order at 9:50 p. m., after the Council met as the Goard of P.eview. MEMBERS PRESENT MEMBERS ABSENT PM1ayor fdee, Cour�cilman Fitz_patrick, Councilwoman Moses, Councilman Schneider ano Councilman 13arnette None PRESENTATION FROM KNIGHTS OF COLUMBUS: Mr. �on Lundholm, Past General Knight of the Council, presented, on behalf of the Knights of Cblumbus �n the Frtdley and Columbia Heights area, a check in the amount of $25,000 toward the future development of the community park. Dr. Boudreau, Director of Parks and Recreation, stated the Parks and Recreation Department apprectates the support of the Knights of Columbus and input on the community park complex. Councilwoman Moses stated it is the groups and cttizens in Fridley that are really behind the community park that will get �t off the ground. ADOPTION OF AGEN�A: Counctlman Schneider requested the following resolution be added "Consideratton of a Resolution Expressing Concern to the County on the Bikeway/Walkway for the Rice Creek Basin" MOTION by Councilman Schneider to adopt the agenda, with the above addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: �,� PUBLIC HEARING OD� WATER, SAi'�ITARY SEWER AND STDRM SEWER IMPROVEMENT PROJECT N0. 130 MOTION by Councilman Fitzpatrtck to waive the reading of the public hearing notice and open the public hear�ng. Seconded by Councilwoman Moses. Upon a votce vote, all voting aye, Mayor Nee declared the motion carried unanimnusly and the public hearing opened at 9:52 p. m. Mr. Flora, Public Works Director, stated the City has a performance bond for these pro�ects and if anyone has noted any deficiences, he would like these brought up so they can be corrected. Mr. Std Inman, City Clerk, reviewed the amount of assessments for the improvements in thts pro�ect. 81st Avenue and Ranchers Road: The assessment rates are as follows Water lateral Water services Sewer lateral Sewer services $35.40 per foot - $564.04 per service $20.41 per foot - $1,236.22 per serv�ce P1r. Dave Harr�s questioned how the final cost relates to the estimated cost. Mr. Flora stated tt is below the estimated cost by about $35,000. Brigadoon Place (Blomberg Estates): The assessment rates are as follows: Water lateral - $10.87 per foot Water services - $301.74 per service Sewer lateral - $16.60 per foot Sewer service - $138.73 per service PUBLIC HEARING MEETING OF MAY 11, 1981 PAGE 2 Mr. Inman stated he talked with the developer regarding this assessment and they are in agreement with the method of assessment presented this evening. North Park Nature Center. The assessment rates are as follows Water lateral - $9,955.93 Sewer lateral - $13,830.93 Mr. Inman stated this property is park property in the City. S�verts Lane The assessment races are as follows: Water lateral - Water servic�- Sewer lateral - Sewer services $&.?2 per foat �4GG.�,� per� service �1�.45 per� foot `��03.79 per service �r. Inman stated assessrients for water and sewer laterals and services for the corner lots on 69th Aveiaue and :i�verts Lane are to be held in abeyance for the rear of Parcels 2400 and 580, Auditor's Subdivision No. 10, until such time as these lots are divided and a second buildable site �s established. Councilman Schneider questioned if the other lots were paying more because of the assessments being held in abeyance, and Mr. Qureshi, C2ty Manager, stated they were not. Hickory Street (81st Avenue to 600 Feet North�: The assessrnent rates are as follows: Sewer lateral -$1�4 93 per foot Sewer services -�720 47 per service Water services - $1,G88.83 per service Mr. Dave Harris questioned if the final cost was within ,the estimated cost. Mr. Flora stated the actual coscs ai°e below what was est�mated. Ashton Avenue (Formerly Hillcrest Avenue)(Hickory �rive to the North): The assessment rates are as follows. Water and sewer services to Lots 5, 7, and 9, Block 2, Hillcrest Addition is y1,033.37 per lot Estension of services to Lot 8, Block 2, Hillcrest Addit�on, at a cost of $651.26 for water and sewer Mr. Timothy Edwards, 7125 Ashton Avenue, asked who would be payin9 the assessments for Lot 5, as he was under the impression the sewer and water were in when he purchased the property. Counc�lman Fitzpatrick stated the sewer and wateriwere in, but they weren't, as yet, assessed. Mr. Edwards questioned �f he would have to pay these assessemnts. Mr. Qureshi, City Manager, stated the assessments will go aqainst the property and he should check nis agreement if there was an escrow at the time of purchase to cover the cost of the assessments. Mayor Nee stated t�tle search would have shown a pending assessment against the property. Mr. Rick Waltz, 7107 Ashton Avenue, quest�oned the assessment to some of the other lots. Mr Quresh�, City Manager, stated some lots had service and some did not, and those that didn't, received an additional assessment. ' , , 1 PUBLIC HEARING MEETING OF MAY 11, 1981 PAGE 3 Mr. Waltz asked why the pipe wasn't 6rought down to the pond for the storm sewer. Mr. Mark Burch, Asststant Public Works Director, stated that cost was the ma�or factor. Mr Waltz also quesitoned the safety factor of the pondin9 area and if it was going to be seeded. Mr. Burch stated the C�ty has several storm water detention ponds and the sides are sloped for easy ma�ntenance and safety. He further stated the area was seeded last fall and they will check to see if the seed has taken. Mr. Waltz also asked staff to check the slope of the ditch, as he felt it wasn't r�ght. M�. Waltz questioned why the homes on Hickory Drive weren't assessed as this detention pond benef�tted them. Mr. Quresh�, City Manger, stated it was part of the agreement with the developer that the residents on Hickory Drive would not be assessed, and all costs were to be borne by this development. Mr. Flora, Public Works Director, po�nted out this same question arose when the persons applied for their 6uilding permits and they were adv�sed of the additional costs. No other persons in the audience spoke regarding the assessments for th�s pro�ect. MOTION by Councilman Fitzpatrick to close the public hearing Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hear�ng closed at 10 13 p m r.', ,� PUBLZC H ::1 S � MOTION by Councilwoman P1oses to waive the reading of the public hearing not�ce and open the public hear�ng. Seconded by Councilman Barnette Upon a voice � vote, all vot�ng aye, Mayor Nee declared the motion carr�ed unam mously and the public hearing opened at 10•13 p. m. Mr. Sid Inman, City Clerk, reviewed the amount of assessments for the improvements in this pro,7ect. � Industrial Boulevarrl and 51st Way (Great Northern Industrial Center): The assessments are as follows• Water lateral - $12.50 per foot Sewer lateral - $5.40 per foot Sewer service - $414.98 each Water service - $519.85 each Storm sewer -�3.33 per 100 square feet of area No persons in the aud�ence spoke regarding the assessments for this pro,7ect. Community Park: The assessments are as follows: Water lateral - $4,201.79 No persons in the audience spoke regarding the assessments for this pro�ect. Mr. Qureshi, City Manager, asked if anyone from the Burlington Northern Railroad had contacted the City regarding this assessment to which Mr. Inman answered �n the negative. MOTION by Councilman F�tzpatrick to close the public hearing. Seconded 6y Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unannim�ulsy and the public hearing closed at 10 15 p. m. I�i ' t � PUBLIC HEARING MEETING OF MAY 11, 1981 PAGE 4 PUBLIC HEARING ON STREET IMPROVE�dENT PRO�ECT ST 1980-1, ST. 1480-2 AN� ST. 1980-3: MOTION by Councilman Schneider to waive the readinG of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor PJee declared the motion carried unanimously and the publ�c hear�ng opened at 10:15 p. m. Mr. Sid Inman, City Clerk, reviewed the amount of assessments for the improvements in these pro,7ects. Ranchers Road (ST. 1980-1) and 81st Avenue - University Avenue to P1ain Street ��r ,,,,,,, .,� . Front foot assessment for blacktop street surfacing and concrete curb and gutter is $53.73 per foot and $9.00 per foot for the side yard Mr. Dave Harris questioned the engineer's estimated cost for this pro�ect and the final total cost. Mr. Flora, Public Works D�rector, stated the total cost was $249,459 and the estimated cost was $250,000. Mr Harr�s stated he was led to believe, after bids were opened, the cost would be about 20% below the estimate, however, there is only about $9,000 difference or 4;6 below the est�mate. P1r. Flora, Public Udorks Director, stated there was more excavating work done on Rancher's Road and 81st then ant�cipated and pointed out the future overlay or ma� �s �rvc�r���� i� this total cost fi9ure. Mr. Harris stated he vias led to believe the soil condittons were better than ant�cipated, and requested the figures,be checked '�efore action is taken on this assessment. Br�gadoon Place (ST, 1980-1) Front foot assessment rate is $51.73 per foot Mr. Inman stated the developer has agreed to the assessment as presented. Siverts Lane (ST. 1980-1} Front foot assessment rate is $17.73 per foot Mr. Inman stated, by Council mot�on, there vaill be no side yard assessments spl�t alon9 69th Avenue, and these cost will be absorbed by homes on Siverts Lane wh�ch are benef�ting. The cos� of streets on the corner lots of 69th Avenue and Siverts Lane are to be held in abeyance until such time as the lots are split. Commons Park Parkinq Lot (ST. 1980-1 Assessment for parking lot is �26,421.60 f1�°. Inman stated this amoun�$ was assessed to the City Park property. 5th Street, 7th Street, and 63rd Avenue (ST. 1980-1): Concrete curb and gutter and sidewalk on ti�e north side of 63rd Avenue at an asse�ssment rate of $27 86 per front foot ard �3.56 a foot for side ,�ard Sidewalk only installed on the west side of 7th Street and east side of 5th Street at a fron� foot assessment of y�13.30 per foot and side yard assessnent of �1.39 per foot fio persors in the audience spoke regarding this assessment. �I � ' 1 , �� � PUBLIC HEARING MEETING OF MAY 11, 1981 PAGE 5 52nd Way - East extenston, East of Industrial Boulevard (ST. 1980-1): Blacktop street surfacing and concrete curb and gutter installed on 5�nd Way at a front foot assessment rate of $21.61 per foot No persons in the audience spoke regarding this assessment. 4D-z Avenue and California Street (ST. 1980-1): Front foot assessment rate is $14.48 per foot Mr. Inman stated, by Council motton, there are no side yard assessments to properties on Main Street. �Qr, Zimmer, 4021 California Street, asked the total assessment for hts property, and when the assessment needs to 6e paid. Mr. Zimmer was advised he would be assessed �For� lOi feet at �14.48 per foot. Mr. Zimmer stated his lot a front footage of only 30 feet, and not 101 feet. Mr. Qureshi, C�ty Manager, stated staff would check into the front footage and advtsed Mr. Zimmer the assessment could be patd within 30 days, after Council adopts the assessment roll, or it would go on his taxes and every year he would pay part of it with his taxes. Ashton Avenue (Formcrly Hillcrest Avenue) (ST. 1980-1): The assessments are as follows Blacktop�h�et surfacing, concrete curb and gutter only on east side, and storm sewer work (ponding) were installed Street surfacing and curb and gutter cost is to be divided equally between Lot 4-9, Block 2, Hillcrest Addition, at a cost of $3,102.80 per lot Storm sewer work is to be divtded equally between Lots 5- 9, Block 2, Hillcrest Addition, at a cost of $3,615.89 per lot. No persons in the aud�ence spo4;e regarding th7s assessment. Ashton Avenue (61st Way to 64th Way): (ST. 1980-1): Cost for the improvement on the east side of the street is $43,803.16 Mr. Qureshi, City Manager, stated the recommendation is for Counci� not ±o assess Burlington Northern Railroad and, in exchange, obtain an easement at no cost to the City. He stated, however, if the Council wtshed to assess the railroad, it may go to litigation. Representatives of the ratlroad were not present regarding this assessment. 81st Avenue (Hickory Street to Beech Street and Hickory Street (ST. 1980-2) Blacktop street surfac�ng and concrete curb and gutter installed at a front foot assessment of $46.98 per foot and side yard assessment of $7.71 per foot No persons in the audience spoke regarding th�s assessment. Industrtal Boulevard and 51st Wav (ST. 1980-3). Blacktop street surfacing and concrete curh and gutter installed at a front foot assessment of $48.1% a foot and'side yard assessment of $4.27 per faot No persons in the audience spoke regaring this assessment. � i PUBLIC HEARING MEETING DF MAY 11, 1981 Community Park Parking Lot and Driveway (ST. 1980-3) PAGE 6 Cost of the Community Park park�ng lot is $72,556.75 and a front foot assessment rate for the dr�veway of $20.05 per foot. MOTION 6y Councilman Schneider to close the public hearing on street improvement pro,7ects, ST. 1980-1, ST. 1980-2, and ST. 1980-3. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carrted una m mously and the publtc hearing closed at 10:35 p, m. �;, PUBLIC HEARING 0�-0 A P F , .,��..�..__,,.. ..... _. _..... r�� ��r D ORDINANCE RELATING TO NOISE, PROVIDIN OF EXCESSIVE AND UNNECESSARY NOISE, AND The Council requested this time be cons�dered at a later date. PUBLIC HEARING ON INDUSTRIAL DEVELOPMEPIT PROJECT IN BEHALF OF WIPJFIELD DEVELOPMENT,INC.: Mr Qureshi, City Manager, stated Winfield Development has requested this item be tabled to the Council's next public hearing meeting. MOTIDN by Councilwoman Moses to table this item to the next pu67ic hearn;ng meeting on �une 8, 1981. Seconded by Councilman Schne�der. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. OL� BUSINESS. 44�' CONSIDERNTION OF ORD P�IINNESOTA BY MAKING INDUSTRIAL PARK, 800 1 TO AMEPJ� THE CITY CODE OF THE CITY OF FRI�LE ZONIfdG DISTRICT--ZOA #B1-01, UNIVERSITY Y AVENUE, RICE CREEK ASSOCIATES TABLED 5/4/81 Mr. Qureshi, City Manager, stated, basically, the only question to resolve is payment of the park fee for thts plat. Mr. Qureshi state d his recommendation is that the $17,000 park fee should be paid, as he felt the agreement worked out with the developers on the property south of the Paco Plat was a separate issue. Mr. Dave Harris stated, at a previous meeting, he had made a request for the council to waive the park fee on thts plat, as he felt it was proper and reasonable. He stated the City benefitted substantially in the negotiations regarding the Community Park where they had voluntarily given property to the City which had a market value of $160,000. He pointed out the appraisal on this land coincides within one cent per square foot of ad,7oining property sold in the area. Mr. Harris stated he is now withdrawing his request tovia�ve the park fee, as there was no prtor agreement made for future considerations, at the time the gift was made to the C�ty. Mr. Harris stated he could sense, from the tone of the Council, that their feeling was they vrould be secting,a bad precedent, if the park fee was waived. He stated, in retrospect, a� the t�me land was given for the Community Park, there should have been a written document that, in lieu of this gift, the park fee would be waived on this plat. He stated he didn't want to leave any misguided impress�on that he wants some favors. i�'r'. Harris felt the park fee is execessive and is another form of taxes and requested the Council act to have the park fee paid at the time the build�ng perrn ts are issued and the cost be appor�ioned to reflect the acreage in each permit. I I � 1 ' PUBLIC HEARING MEETING OF MAY 11, 1981 PAGE 7 Mayor Nee thanked Mr. Harris for taking the Council off the spot because he felt his case was well-taken. Councilwoman Moses stated tt really was a predicament, however, she appreciates the large piece of land that was given for the Community Park MOTION by Councilwoman Moses to waive the second reading and adopt ordinance #731 on a second reading and order publication. Seconded by Councilman � Schne�der. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unam mously. MOTION by Councilman Barnette that the park fee for this particular plat, University Industrial Park, be paid at the time the building permits are issued in proportion to the acreage Seconded by Cauncilman Fitzpatrtck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. � � r, l� '�) 4, Mr Harris stated he would like the Council to receive the appraisal on the property donated for the Community Park. MOTIDN by Councilwoman Moses to receive the appraisal on the property donated to the City for the Comnunity Park by S& H Company. Seconded by Councilman Fttzpatrick. Upon a voice vote, all voting aye, Mayor �Jee declared the motion carried unantmously. NEW BUSINESS: :�� ONS ING SIGNING THE AGREEMENT URS OF POLICE OFFICERS OF THE MOTION by Counc�lman Schne�der to adopt Resolutlon No. 60-1981. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carr�ed unanimously. RE50LUTIOfd N0. 61-1981 CONFIRMING ASSESSMENT FOP. WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT N0. 130: MOTION by Councilwoman Moses to adopt Resolution No. 61-1981. Seconded 6y Counc�lman Fitzpatriclk. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unantmously. �' RESDLUTION N0. 62-1981 CONFIRMIIVG ASSESSMENT FOR WATC�;, SANITARY SEWER, _ ,I MOTION by Councilwoman Moses to adopt Resolution No. 62-1981 Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to tabie this resolution to the May 18, 1981 meet�ng. Seconded by Councilman Ft�zpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4''_ �r RESOLUTION N0. 63-1981 EXPRESSING CONCERN TO THE COUNTY OPJ_THE B MOTION by Councilman Schnetder to adopt Resolut�on No. 63-1981 and forward it to the Anoka County Park Department and the Rice Creek Watershed District. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. i, a �'i ` � ��, PUBLIC HEARING MEETING OF MAY 11, 1981 COMPLAINT - Ralph Jackson - 4127 - 2%2 Street: PF�GE 8 Mr. Jackson, 4127 - 2z Street, appeared before the Council regarding his neighbor next door conducting a business. Mr. Qureshi, City Manager, stated staff has a report that this person is mov�ng August 1, and he is mak�ng arrangements to get some of his equipment under cover. Mr. Flora, Public Works Director, stated the City staff was told this person was look�ng at renting a garage to store the equipment and protect if from vandalism, and he w�ll repair the driveway and sod along the side of his property. Councilman Fitzpatrtck stated this is something that is disturbing a good many people �n the neighborhood, as he has received calls regarding this property. Mr. Qureshi stated the staff will continue to check on this property to make sure it is cleaned-up or tagged. Flr. David Harr�s stated he felt the City should be doing something to see that commercial trucks aren't parked on residential streets. Mr. Qureshi stated staff would submit both sides of the issue so Council can make a dec�sion. CLAIMS: MOTION by Councilman Schneider to authorize payment of Claims fdo. 091D27 through 126W01. Seconded by Councilwoman hioses. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unam mously. ADJOURNMENT MOTION by Councilman Schneider to ad,7ourn the meeting. Seconded by Councilwoman Moses. Upon a voice vote, all vottng aye, Mayor Nee declared the motton carrted unanimously and the ,'ubl�c Hearing Meeting of the Fridley City Council of May 11, 1981 ad�ourned at 11 00 p. m. Respectfully submitted, ,�:�- ��. Carole Haddad Secy. to the City Council Approved: June 1, 1981 ��� J ���� Williari J. Nee P1ayor , � '