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10/23/1995 - 00001402� � ' THE MINUTEB OF THE REGIILAR MEETINQ OF THE FRIDLEY CITY COIINCIL OF OCTOBER 23. 1995 The Regular Meeting of the Fridley City Council was called to ordex at 7:37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flaq. ROLL CALL• MEMBERS PRESENT: MEMBERS ABSENT: PROCLAMATION: Mayor Nee, CounCilwoman Jorgenson, Councilman Billings, Councilman Schneider and Councilwoman Bolkcom None FOURMIES-FRIDLEY FRIENDSHIP DAYS, OCTOBER 21-31, 1995: Mr. Burns, City Manager, read a proclamation proclaiming October 2i through 31, 1995 as Fourmies-Fridley Friendship Days. Mayor Nee issued the proclamation, and the members of the Fourmies Swim Club were made honorary citizens of Fridley. He stated that the City Council joins all citizens in extending hospitality to the members of the Fourmies Swim Club during their stay in Fridley. Mayor Nee presented this proclamation to Ms. Diane Ferry. Ms. Ferry thanked the City and the staff for all their help to make this exchange such a success. She introduced Fridley�s swim coacta, Nancy Zinter, and the members of the Fourmies Swim Club along with their host families. The Fridley VFW presented the members of the Swim Club with flags of the United States. INDIVIDUALS WHO HELPED CREATE "THE ZONE" RECREATION DROP-IN CENTER FOR HIGH SCHOOL STUDENTS: Ms. Debi Campobasso, Recreation Program Specialist, introducedl Julie Corcoran and Jeff Shoeberl, Youth Workers for Project Safety Net, who work closely with The Zone Youth Council. She introduced the following individuals who helped create "The Zone" recreation drop-in center: Stephanie Brown, Mikilia Carrol, Annie Myles, and Kathy Sandoz. 5he stated that Bryn Grofnitz was not able to attend this evening. Ms. Brown thanked the City Council for funding this project and presented them with T-shirts. Ms. Myles outlined some of the �i � � FRIDLEY CITY COIINCIL MEETING OF OCTOHER 23. 1995 PAGE 2 activities at "The Zone" and thanked the City Council for their support. She stated that students from Columbia Heights, Spring Lake Park, and Fridley participate in the activities at "The Zone." Mayor Nee presented plaques to these individuals who helped create "The Zone." Councilman Schneider stated that the students should feel proud of their accomplishments for a drop-in center. MEMBERS OF FRIDLEY PRIDE-CITY-WIDE ADVISORY CpMMITTEE: Mayor Nee presented a plaque to Ms. Lonni McCauley in appreciation for her work with the Fridley Pride City-Wide Advisory Committee. Ms. McCauley stated that she enjoyed working with Fridley. She said that the Advisory Committee was hard working and did an outstanding job. She stated that the City Council backed them all the way, and she thanked the Council for the plaque. Mayor Nee presented certificates of appreciation to members of the Fridley Pride City-Wide Advisory Committee who consisted of Melvzn Bolin, Ann Bolkcom, Mary Bowen, Clem Coverston, Duane Itnealing, Scott Lund, Woody Nelson, Jeanne Olson, Marvin Platt, Susan Price, Dean Saba, Karen Schaub, Marla Stratton, and Jack Velin. Mr. Dean Saba stated that the Advisory Committee had tremendous support from the City Council and from City staff. He stated that the community really came together for this event. Councilwoman Bolkcom stated that it was a pleasure working with the Committee, and she felt that the hard work paid off. BUSINESS BEAUTIFICATION AWARDS: Ms. McCauley stated that the Advisory Committee and Chamber of Commerce invited the business community to take part in the clean- up project. She stated that Counail supported the concept of business beautification awards by providincp cash payments for improvements done by businesses in the community. She presented awards to three businesses who participated. The recipients of the awards were Fridley Auto Parts, East River Road Apartments, and Dealers Manufacturing. Ms. Warren, of the Fridley Chamber of Commerce� read a letter from Dealers Manufacturing thanking the City Council for the opportunity to participate in this program and for recognition of their efforts. Mayor Nee stated that it has been a great niqht of community recog° nition for which the City Council is proud. � FRIDLSY CITY COUNCIL MEETING OF OCTOBER 23, 1995 PAGE 3 Councilman Schneider stated that there was a lot of community involvement to make the community a better place. .� � � COUNCIL MEETZNG. OCTOBER 2, 1995: MOTION by Councilman Billings to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS• 1. RECONSIDERATION OF A VARIANCE REOUEST, VAR #95-23, BY JAMES KIEWEL. TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY STRUCTURE FROM 1.000 SOUARE FEET TO 1,392 SOUARE FEET, AND TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE FIR5T FLOOR AREA OF A DWELLING UNIT. IN ORDER TO ALLOW CONSTRUCTiON OF A 24 X 34 FOOT ADDITION TO AN EXISTING GARAGE. GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 21: Mr. Burns, City Manager, stated that the � request was to expand the maximum size of structure from 1,000 square feet to 2,064 stated that this created a problem, as the the accessory structure exceeded the firs't dwelling. � original variance a first accessory square feet. He square footage of floor area of the Mr. Burns stated that since the October 2 Council meeting when the variance was denied, the petitioner has agreed to block in the exterior entrance to the lower level of the existing garage and reduce the size of the garage addition from 24 by 38 feet to 24 by 34 feet. He stated that this reduces the size of the accessory structure from 2,064 square feet to 1,392 square feet, but it is still 42 square feet larger than the first floor area of the petitioner9s dwelling. Mr. Burns stated that if Council reconsiders and approves the variance, it is recommended a hard suriace drive be con- structed from Rice Creek Road to the new garage entrance within one year of approval of the variance. THIS ITEM WAB REMOVED FROM THE CONSENT AGEND� AND PLACED UN THE REGULAR AGENDA. NEW BUSINESS: 2. RESOLUTION NO. 66-1995 APPROVING AND ADOPTING A HOUSING REPLACEMEN�' DISTRICT PLAN AND CREATING HOUSING REPLACEMENT DISTRICT N0. 1- Mr. Burns, City Manager, stated that a public hearing was heYd on this item on October 2, and there were no adverse comments. � � ' � FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23. 3995 YAGE � He stated that under special legislation passed for Fridley, Crystal and Minneapolis during the Minnesota legislative session, the HRA may acquire a maximum of fifty parcels over a ten year period. He stated that the first phase of the proposed plan applies to eiqht propesties that have already been acquired by the Fridley HRA. He stated that the plan also identifies a variety of factors related to these properties including estimated project cost, estimated tax increment, and a stipulation that the increment for the eight properties may only be collected for �if�een years. ADOPTED RESOLIITION NO. 66-1995. 3. RESOLUTION NO. 67-1995 ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT: Mr. Burns, City Manager, stated that the purpose of the Metropolitan Livable Communities Act is to create affordable housinq for all age groups, clean up polluted sites for businesses and jobs, and encourage compact development where there is linkage between housing, jobs and transportationa He stated that three incentive programs are provided: tax base revitalization account; livable communities demonstra- tion account; and local housing incentives accounts. Mr. Burns stated that cities must pass a resolution annually supporting six principles in order to �e eligible for the three incentive accounts. He stated that if Council endorses the six prinaiples, the City will meet with the Metropolitan Council to establish affordable housing goals that fall within bench marks established for the City. He stated that goals are to be adopted by December 14, 1995, and an implementation plan must be in place by June 30, 1996. Mr. Burns stated that although the program is voluntary, there are penalties as well as incentives. He stated that while staff objects to the mandate aspect of this legislation, it is also recognized that the mandate does give the City access to three new sources of funding for the City's various housing programs. He stated that the purposes of the program are consistent with the City's past effort to make affordable and life cycle housing a priority and to im�rove the livability and quality of our neighborhoods. ADOPTED RESOLIITION NO. 67-1995. 4. RESOLUTION NO. 65-1995 AUTHORIZING THE EXPENDITURE OF FUNDS FOR SEVERANCE BENEFITS: Mr. Burns, City Manager, stated that due to 1996 budget constraints, it has become necessary to discontinue or FRIDLEY CITY COONCIL MEETINd OF OCTOHER 23. 1995 PAdE 5 � consolidate about five full-time positions. He stated that in order to assist these employees in the transition to other employment, it is recommended that a severance expenditure of up to $2,700 for each full-time employee for out-placement services. He stated that contingent upon the employee's signing a release of claims against the City, it as recommended that one week of salary for each full year of service be paid to full-time employees up to a maximum of 26 weeks, and one week of salary for each two years of service be paid to part-time employees up to a maximum of thirteen weeks. He stated it is requested that Council designate up to $40,000 from the City's emergency reserve to accommodate this severance program. ADOPTED RE80LS1TION NO. 68-1995. 5. RESOLUTION NO. 69-1995 REOUESTING A VARIANCE FROM MINNESOTA DEPARTMENT OF TRANSPORTATION RULES REGARDING HORIZONTAL CURVES fSECTION 8820.9935, GEOMETRIC DE5IGN STANDARDS: URBAN) CHERY LANE AT FILLMORE STREET (WARD 1L Mr. Burns, City Manager, stated that in conjunction with the 1993 Cheri Lane street improvement project, the Minnesota Department of Transportation (MnDOT) required the installation � of stop signs at the intersection of Cheri Lane and Fillmore Street as a condition for receiving State aid. He stated that in response to neighborhood requests and because the alignment of the street has functioned well for over 25 years without stop signs, the City is formally requesting MnDOT to waive their rules in a manner that will allow the City to avoid the use of the stop signs and receive State aid reimbursement for the work performed on this street. ADOPTED RESOLUTION NO. 69-1995. 6, RECEIVE BIDS AND AWARD WELL REPAIR PROJECT NO. 288 (WARD 11: Mr. Burns, City Manager, stated it is recommended that Council receive the bids and award the contract to Keys Well Drilling at a cost of $34,370 for Project No. 288. He stated that this amount is within the 1995 Capital Improvements budget. He stated that Traut Wells did not submit a bid bond as required in the specifications. Keys Well Drilling has received previous contracts with the City and has completed these in a professional and timely manner. The following bids were received for Well Repair Project No. 288: Mark Traut Wells, $33,195.50; Keys Well Drilling, � $34,370.00; Bergerson-Caswell, $35,029.00; and E. FI. Renner, $41�006.50. � i� � FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23. 1995 PAGE 6 7. � RECEIVED TH$ BIDS AND AWARDED TH8 CONTRACT FOR WELL REPAIR PROJECT NO. 288 TO R8Y8 WELL DRILLING COMPANY IN TH8 AMOUNT OF $34�370.00. RECEIVE BIDS AND AWARD CONTRACT FOR 53RD AVENUE WATER BOOSTER STATION REHABILITATION (WARD 11: Mr. Burns, City Manager, stated that this project includes replacement of the existing booster pumps with new variable speed pumps. It also includes installation of new controls, oonnection to SCADA, insulation, heating and air conditioning, and exterior structural upgrade of the building. He stated it is recommended that Council receive the bids and award the contract to Richmar Construction in the amount of $177,220. The following bids were received for the 53rd Avenue Water Booster Station Rehabilitation: Richmar Construction, $177,220.00; Municipal Builders, $184,950,00; New Mech, Ince, $192,700.00; and Mills Concrete Restoration, $209,464.00, RECEIVED TH& SIDS AND AWARDED THE CONTRACT FOR THE 53RD AVENUE WATER BOOSTSR STATZON REHABILITATION TO RICHMAR CONSTRUCTION IN T8E AMOONT OF $177,220.00. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY LOCATED IN THE CITY OF FRIDLEY• Mr. Burns, City Manager, stated that the City has received notice from Anoka County that seven parcels will become tax forfeit. He stated it is recommended that all seven of these properties of using purposes. be removed from the County's list in anticipation the properties for streets and other municipal APPROVED THE REMOVAL OF THESE SEVEN TAX FORFEIT PROPERTIEB FROM THE COUNTY�S LIST. ESTA&LISH A PUBLIC HEARING FOR NOVEMBER 13. 1995, TQ CHANGE THE ORDINANCE RELATING TO THE STORM WATER DRAINAGE UTILITY FEE: Mr. Burns, City Manager, stated that in view of the projected 1996 deficit, staff is recommending that the City increase the storm water utility fee from $1.75 per household per quarter to $2.80 per household per quarter. He requested that Council establish a public hearing for November 13, 1995 relating to the increase in fees. SET A PQHLIC HEARING FOR NOVEMHER 13� 3995 RELATZNG TO THE STORM 1PATER DRAINAGS QTILITY FEE. � � � FRIDLEY CITY COIINCIL MEBTING OF OCT0H8R 23, 1995 PAGS � 10. RESOLUTION NO. 70-1995 PROVIDING FOR THE ISSUANCE AND SALE OF 54.090,000 GENERAL OBLIGATION TEMPORARY TAX INCREMENT BONDS, SERIES 1995A• Mr. Burns, City Manager, stated that t�e bonds were originally iasued by the Housing & Redevelopmen� Authority (HRA) for purchase of the Lake Pointe property in December, 1992. He stated that staff is recommending anotYaer temporary three-year issue. When Lake Pointe is developed, the bonds will be retired in favor of more permanent financinq. Mr. Burns stated that the bids were as follows: Norwest Investment Services, Inc., 4.3153 percent interest rate; Dain Bosworth, Inc., 4.3256 percent interest rate; Raymond James & Associates, 4.3409 percent interest rate; and Cronin & Company, Inc., 4.3942 percent interest rate. He stated that staff recommends that Council receive the bids and award the contract to Norwest at a true interest rate of 4.3153 percent. Mr. Burns stated that although the debt is officially HRA debt, Council's approval is needed to provide the City's full faith and credit pledge to support this general obligation bond issue. RECEIVED THE ABOVS HIDS AND ADOPTED RESOLUTION NO. 70-1995. 11. RESOLUTION NO. 71-1995 CERTIFYING CERTAIN DELINOUENT UTILITY SERVICES TO THE COUNTY AUDITOR FOR COLLECTIONS WITH THE 199b TAXES• Mr. Burns, City Manager, stated that there are 261 delinquent utility accounts. All property owners have been notified that these utility bills are being certified to the County. ADOPTED RE80LIITION NO. 71-1995. 12. RESOLUTION NO. 72-1995 PROVIDING FOR WATER RATE CHANGE: Mr. Burns, City Manager, stated that a rate increase is proposed to cover actual and projected operating losses. He stated that the amount of loss projected for 1996 is $511,359.00. Mr. Burns, City Manager, stated that the current water rate is 60 cents/1,OOD gallons for those using less than 500,000 gallons per quarter and 55 cents/1,000 gallons for those using more than 500,000 gallons per quartera He stated that the proposed rate is 90 cents/1,000 galloa�s for �hose using less than 500,000 gallons per quarter and 95 cents/1,000 gallons for those using more than 500,000 gallons per quarter. He stated that the average monthly cost is based on usage of 6,000 gallons per month at a current rate of $3.60 per month � � �I FRIDL&Y CITY COUNCIL MEETING OF OCTOSER 23. 1995 PAGE 8 and a proposed rate of $5.40 per month. He stated that the average for 151 Minnesota cities is $11.13 per month. Mr. Burns stated that the new rates are to be effective with the January billings, and reduced rates are available for low income senior citizens and disabled ci�izens. ADOPTED R880LUTI0� NO. 72-1995. 13. RESOLUTION NO. 73-1995 PROVIDING FOR SEWER RATE_INCREASES: Mr. Burns, City Manager, stated that the rate increase is proposed to cover actual and projected operating lossese He stated that the loss projected for 1996 is $1,030,456. He stated that the current rate is $1.83/1,00o gallons of water usage, and the proposed rate is $2.50/1,000 gallons of water usage. Ae stated that the average monthly cost is based on usage of 6,000 gallons of water per month and the curren� charge is $10.98 and the proposed charge would be $15.00. �e stated that the average for 151 Minnesota cities is $14.70 per month. ADOPTED RESOLUTION NO. 73-1995. 14, RESOLUTION NO. 74-1995 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO FRIDLEY V.F.W. POST 363 fWARD 21• Mr. Burns, City Manager, stated that this resolution is in support of an application for a lawful gambling premises permit for the Fridley V.F.W. Post 363. ADOPTED RESOLUTION NO. 74-1995. 15. RESOLUTION NO. 75-1995 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO LIONS CLUB OF FRIDLEY (JOE DIMAGGIO'S RESTAURANTI (WARD 2): Mr. Burns, City Manager, stated that 'this resolution is in support of an application for a lawful gambling premises permit for the Lions Club at Joe DiMaggio's Restaurant. ADOPTED RE80LUTION NO. 75-1995. 16. RESOLUTION NO. 76-1995 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO LIONS CLUB OF FRIDLEY (LONGHORN GRILL & BAR) (WARD 3 L Mr. Burns, City Manager, stated that this resolution is in support of an application for a lawful gambling premises permit for the Lions Club at the Longhorn Grill and Bar. ADOP'1`ED RESOLDTION NO. 7b-1995. � FRIDLBY CITY COIINCIL MEETING OF OCTOBER 23. 1995 PAGE � 17 18. 19. 20. �ESOLUTION NO. 77-1995 IN SUPPORT OF A MINNESOTA LAWFUL GAMBLING APPLICATION FOR AUTHORIZATION FOR EXEMPTION FROM LAWFUL GAMBLING LICENSE TO THE CHURCH OF ST. WILLIAM (WARD 1): Mr. Burns, City Manager, stated that this resolution is in support of an application for an exemption from the lawful gambling license for St. William's Church. ADOPTED RESOLIITION NO. 77-1995. CLAIMS• AIITHORIZED PAYMEDiT OF CLAIM NOB. 64498 THROIIGH 64859. LICENSES• APPROVED THB LICENSES AS SUBMITTED AND AS ON FILE IN THE LICEN88 CLERR�B OFFICE. ESTTMATES• APPROVED T$E ESTIMATES AS SDBMITTED: Barna, Guzy & Steffen, Ltd. � 400 Northtown Financial Plaza 200 Coon Rapids Boulevard, N.W. Coon Rapids, MN 55435-5489 � Services Rendered for the Months of 1995 . . . . . . as City Attorney September/OCtober, . . . . . . . . . . . . . $3,726.91 There were no comments from the audience regarding the proposed consent agenda items. Councilman Schneider requested that Item 1 be placed on the regular agenda. MOTION by Councilman Schneider to approve the consent agenda items, with the deletion of Item 1. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Schneider to adopt the agenda with the addition of Item 1 from the consent agenda. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23 1995 PAGE 10 � OPEN FORUM, VISITORS: There was no response from the audience under this item of business. E � 1! � �': ! �;f; � : te �` A 21. PUBLI HEARING ON 1995 SERVICE CONNECTION: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:28 p.m. Mr. Pribyl, Finance Director, stated that there was only one service connection for 1995 at 4795 3rd Street. He stated that tlne improvement is in the amount of $1,877.48 and can be spread over a fifteen year period at an interest rate of 6-1/2 percent. No persons in the audience spoke regarding this proposed assessment. MOTZON by Councilwoman Jorgenson to close the public hearing. ' Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:29 p.m. 22. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST. 1992-2: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:29 p.m. Mr. Pribyl, Finance Director, stated that this assessment includes three properties that were left off the original assessment roll. He stated that the total cost of this project was $1,256,255.08 and covered improvements on Hathaway Lane from Hackman to Regis Drive. He stated that the major portion was assessed last year, and tfie assessment would be spread over a ten-year period at an interest rate of 6-1j2 percent. Councilman Schneider requested clarification on the front foot charge whether it was $8.00 per lineal foot or $9.50. MOTION by Councilman Schneider to continue this public hearing fos ' clarification from staff on the front foot charge for this improvement. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COIINCIL MEETING OF OCTOSER 23, 3995 PAGE 11 � 23. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT NO. ST. 1993-7: MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voiae vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:32 p.m. Mr. Pribyl, Finance Director, stated that this assessment included properties located on Stinson Boulevard between 73rd Avenue and Osborne Road. He stated that the total cost of the project was $277,631.30 with $15,430.96 being assessed against the affected property owners. He stated that the assessment will be for a ten- year period at an interest rate of six percent. No persons in the audience spoke regarding this proposed assessment. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:33 p.m. 24. PIIBLIC HEARING ON THE 64TH AVENUE STORM WATER IMPROVEMENT � PROJECT NO. 260: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:33 p.m. Mr. Pribyl, Finance Director, stated that two properties were left off the original assessment roll, as the owners were disputing the assessment. He stated that these properties are at 1372 and 1384 64th Avenue. He stated that the assessment would be for fifteen years at an interest rate of 6-1/2 percent. He stated that a letter has been recaived from Mark and Jean Schwartz and from Lucille Dahlberg stating that they were appealing this assessment. MOTION by Councilman Schneider to receive the letter from Mark and Jean Schwartz and from Lucille Dahlberg indicating that they are appealing the assessment of $1,000 each on their properties at 1372 and 1384 64th Avenue. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Fublic Works Direotor, stated that the property owners � did not believe the improvement benefitted their properties. fiIe stated that the City retained an outside engineerinq firm to evaluate the improvement. This firm indicated that the $1,000 assessment was appropriate, and the improvements that were completed had no negative impact on those properties. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOHER 23, 5995 PAGE 12 Mr. Burns stated that the property owners felt the project limited the capacity of the ditch to hold water. He stated that this was monitored, and it was determined that the ditch was holding the water and did not overflow its banks. Councilman Schneider asked if an appeal would be made through the courts. Mr. Herrick, City Attorney, stated that in order for the proper�y owners to be eligible to appeal, they have to give the City Council written notice of their objection. They have done that in thls letter. Mr. Herrick asked if the study completed by Advance Engineering is part of the official records as far as this project is concernede Mr. Flora stated that he was not sure if it was officially received, but copies were provided to Council. Mr. Herrick felt that it should be received into the record if the Council had received a copy. Councilman Schneider stated that Council received a copy, and he reviewed it extensively at the time. MQTION by Councilman Schneider to receive this report from Advance Engineering into the public hearing record. Seconded by Council- woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Herrick asked Mr. Flora if it was his testimony that he concurred with the report of Advance Engineering that the two properties in question received benefits that would at least equaYp if not exceed, the amount of the proposed assessment. Mr. Flora stated that it was correct. Mr. Herrick asked if the ditch monitoring was part of the file and record as far as this assessment is concerned. Mr. Flora stated that it is part of the project file and that reports have been submitted to Council. Councilwoman Jorgenson asked if the file includes information on the soil that was removed. Mr. Flora stated that the soil was removed as part o£ the project, and the consultant stated that there was no impact on the proper- ties because of the soil removal. Mr. Mark Schwartz, 1372 64th Avenue, stated that his property did not benefit from the improvement, but it has prove� detrimental as FRIDLEY CITY CODNCIL MEBTINQ OF OCTOBER 23, 1995 PAGS 13 � he has substantially more water in his yard �hat may remain for weeks at a time. He stated that part of their woods is under water, and they will start losing trees. He s�ated that the water to the north of 64th Avenue has been shifted to the south side of 64th Avenue. Mr. Schwartz stated that even if flooding occurs on his property, the benefit is in the front in the form of concrete curb and gutter which was not to be assessed. He stated that the rear portion of their property has been declared a wetland. He stated that accor- ding to Michele McPherson of City staff, it has been determined that wetlands may exist somewhere in the area, but no definite determination has been made on his or the property at 1384 64th Avenue. Mr. Schwartz stated that if the assessment is approved, he will file an appeal to the court and will seek damages for devaluation of his property because of the excess water. Ms. Lucille Dahlberg, 1384 64th Avenue, stated that since the improvement, she has three times the amount of water. She felt that the independent survey did not prove anything. Councilman Schneider stated that Advance Engineering was hired as � an outside consultant and was acceptable to all parties. He stated that he believed the Schwartzs and Ms. Dahlberg were consulted, but there seems to be a discrepancy of the facts. Mrs. Schwartz stated that the consultant's letter did not address why the water would stay for weeks and weeks and why the sinkhole on their property was dry. She stated that what the consultani stated is exactly opposite of his letter. Mr. Schwartz stated that the project was suppose to benefit a lo� of properties on 64th Avenue but it did not. It helped the three residents on Central Avenue. He stated that the properties on Central Avenue had a problem with water coming down Mississippi Street and through their yards. He stated all that water is piped behind their home, so they now get more water. Mrs. Schwartz stated that 64th Avenue did not have a water problem, but Central Avenue had a problem. Councilwoman Jorgenson asked if the Schwartzs had water on their property from the front of 64th Avenue. Mr. Schwart2 stated that they did not. It ran down 64th Avenue to the open ditch on Central Avenue and to the ditch in back. �e � stated that the problem was adding all the water from north of 64th Avenue between 64th Avenue and Mississippi Street. FRIDLEY CITY COIINCIL MEETING OF OCTOBER 23, Y995 PAGE 14 ' Mr. Burns stated that Advance Engineering confirmed that the design was creditable and the elevations were reasonably accurate. He stated that the report concluded that the project did henefit the properties in question. He stated that the City did as much as they could to provide a neutral judge in this matter. He stated that there was no interaction between the City's Engineering Department and the individual from Advance Engineering who prepared the report. Mrs. Schwartz stated that the report lists the major benefit such as the concrete curb and gutter which is irrelevant to this project. She stated that the rear of their property is substan- tially worse than it was before the project. She stated that Advance Engineering's letter stated tha� they could not conolusively rule out that overflow exists. Mr. Herrick felt it would be beneficial both �o the property owners and the City to resolve this issue. He suggested that the public hearing be continued. He stated that it would cost the City more than the assessment to go to court, and even mediation would be relatively expensive considering the amount of money involved. He felt there should be discussion by staff and the property owners to see if an agreement could be reached. � Councilman Schneider felt that Council needed all the information. He stated that the notice received by the property owner is different than what is contained in �he assessment hearing information. Mr. Pribyl stated that the notice in the assessment hearing is an affidavit of mailing and is not exactly the same notice sent to the property owners. MOTION by Councilman Schneider to continue this public hearing to the next meeting and direct staff to submit alA information related to this project. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 25. PUBLIC HEARING ON THE ASSESSMENT FOR TREE ABATEMENT: MOTION by Councilwoman Bolkcom to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:08 p.m. Mr. Pribyl, Finance Director, stated that this assessment is for � tree abatement on one property located at 627 Cheryl Street. He stated that the assessment is for $661.90 and assessed over a five- year period at an interest rate of 6-1/2 percent. FRIDLEY CITY COONCIL MEETING OF OCTOHER 23, 1995 PAGE 15 � No gersons in the audience spoke regarding this proposed assessment. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all votinq aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:09 p.m. OLD BUSINESS• 1. RECONSIDERATION OF A VARIANCE REOUEST. VAR #95-23. BY JAME5 KIEWEL. TO INCREASE THE MAXIMUM SIZE OF A FIRST ACCESSORY STRUCTURE FROM 1,000 50UARE FEET TO 1,392 SQUARE FEET, AND TO ALLOW AN ACCESSORY STRUCTURE TO EXCEED THE FIRST FLOOR AREA OF A DWELLING UNIT. IN ORDER TO ALLOW CONSTRUCTION OF A 24 X 34 FOOT ADDITION TO AN EXISTING GARAGE. GENERALLY LOCATED AT 1631 RICE CREEK ROAD N.E. (WARD 2): MOTION by Councilman Schneider to reconsider Variance Request, VAR #95-23. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that Council denied this variance request at their October 2, 1995 meeting, and staff was � to meet with the petitioner to discuss alternatives. He stated that the petitioner, Mr. ICiewel, has revised his plans and will keep the 576 square feet upper level garage as a garage, block-in the lower level of the existing garage to be utilized as interior dwelling space (this modification would eliminate 576 square fee�. of accessory structure), and reduce the original request for a rear yard attached garage from 24 by 38 feet to 24 by 34 feet. He stated that this modified request represents a reduction in the size of the accessory structure from 2,064 square feet to 1,392 square feet. Councilman Schneider stated that for an attached accessory building, the maximum variance the City has previously allowed was 1,270 square feet, as opposed to this request for 1,392 square feet. He asked if there was anything in the code that ties in the square footage of a lot to the size of an accessory structure. Mr. Kiewel stated that it would be impractical for him to build anything less than a 24 by 34 square foot structure. Ae stated that he has the space, and there was no objection from his neighbors. Councilman Schneider stated that he would like to refer this issue to staff to determine if the size of the garage should be tied to � the size of the lot. He felt that Mr. Kiewel has the space, but his concern is that someone else may not have the space and it would se� a precedent. � � � FRIDLEY CITY COUNCIL MEETING OF OCTOHER 23. 1993 PAGE 16 Mr. Kiewel stated that there is not a critical need to build the garage at this time. He stated that he would still like this size structure and would be open to staff reviewing Councilman Schneider's suggestion. He stated that if he could obtain this variance, it would help him a great deal to have the extra storage space. Councilman Schneider felt that staff should have several months to study this issue to determine if there should be a change in the ordinance. MOTION by Councilman Schneider to table action on Variance Request, VAR #95-23 and request staff to research the idea of relating the maximum square footage of an accessory building to overall lo� size, green space, and principal structures, and submit recommen- dations to Council by the first meeting in February, 1996. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS 26. RESOLUTION NO. 78-1995 CONFIRMING ASSESSMENT FOR 1995 SERVICE CONNECTION: MOTION by Councilman Billings to adopt Resolution No. 78-1995. Seconded by Councilwoman Solkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 27. RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 1992-2: MOTION by Councilman Schneider to table this item. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 28. RESOLUTION NO. 79-1995 CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT PROJECT NO. ST. 1993-7: MOTION by Councilman Schneider to adopt Resolution No. 79-1995. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 29. RESOLUTION CONFIRMING ASSESSMENT FOR 64TH AVENUE STORM WATER IMPROVEMENT PROJECT NO. 260: MOTION by Councilman Billings to table this item. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � � FRIDLEY CITY COUNCIL M$ETING OF OCTOBER 23. E995 PAGE �7 30. RESOLUTION NO. 80-1995 CONFIRMING ASSESSMENT FOR TREE ABATEMENT: MOTION by Councilwoman Bolkcom to adopt Resolution No. 80-1995. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 31. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that the items to be discussed in the conference session were: Stonybrook Creek; Locice Lake; and tk�e Northco Project. ADJOURNMENT: MOTION by Councilman Schneider to adjourn the meeting. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of Oc�ober 23, 1995 adjourned at 9:30 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council William J. Nee Mayor