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08/25/1997 - 00001690� -� � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY C1TY COUNCIL OF AUGUST 25, 1997 The regular meetmg of the Fndley City Councfl was called to order by Mayor Jorgenson at 735pm PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Crty Council and audience m the Pledge of Alleg�ance to the Flag ROLL CALL: Members Present PRESENTATION: Mayor 7orgenson, Councilman Bamette, Councilman Bdhngs, Councilman Schneider, and Councilwoman Bolkcom Semor Management Board Donation for Commumtv Activity Center Members ofthe Semor Management Board addressed Council to contribute an additional $10,000 to the Fndley Commumty Center They hava now contributed a toYal of $20,000 �n an effort to sentor the lounge area and rts furrushmgs Councilman Barnette implored all businesses and mdrnduals to send contnbut�ons to 7ack Kirk at the City offices He stated Yhat the Crty is neanng Yheir goal and would hke it Donations such as televisions, furmture, eYc , are also needed m addition to cash contributions Councilman Barnette reported that mdiv�duals contnbutmg $100 or more wdl have a plaque displayed m recognition of their donation to the commumty center Sponsors for rooms are also needed Councilwoman Bolkcom reported that volunteers are needed on September 20 to ass�st with landscapmg efforts on the site People who are mterested should contact Crty offices for further mformat�on or call 572-3593 to stgn up APPROVAL OF MINUTES: COUNCIL MEETING AUGUST 11, 1997 MOTION by Councilwoman Bolkcom to approve the mmutes as presented Seconded by Councdman Barnette Upon a votce vote, all votmg aye, Mayor 7orgenson declared the mot�on carned unarumously FRIDLEY CITY COUNCIL MEETING OF AUGi3ST 25, 1997 PAGE 2 1 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. FIRST READING OF AN ORDINANCE AMENDING SECTiON 7.02 OF TFiE FRIDLEY CITY CHARTER (TAXATION AND FINANCE): Mr Burns, Gty Manager, presented the first readmg of an ordmance amendmg 5ection 7 02 of the Fndley City Charter The amendment replaces a 16 mill 1'amit value w�th language that t�es property tax lim�ts to the Consumer Pnce Index for the Twm Cities metropol�tan area The 5tate's prescnbed method for calculatmg taxes that was adopted m 1988 abandons the null rate m fa�or of a new tax rate system Yhat defies mterpretat�on m null rate terms In order to estabLsh more meamngful l�mtts on property taxes, the proposed language would require a pubLc hearmg and a four-fifths C�ty Councd ma�onty vote to approve tax levies that mcrease by more than Yhe Consumer Price Index mcrease for the prior year Th�s language was approved by the Charter Comm�ss�on at their May 12, 1497, meet�ng and considered at pubhc hearmgs held by the Gty Council on June 9, 1997, and July 14, 1997, without negative comment Staff recommends Council's approval of the first readmg � WAIVED THE READING AND APPROVED TI3E ORDINANCE ON FIRST READING 2. RE50LUTiON NO 61-1997 CONSENTING TO THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND TOR TAE C1TY OF FRTDLEY ADOPTING 1997 TAX LEVIES COLLECTNE IN 1998: Mr Burns, C�ty Manager, presented the considerat�on of a resolution consenting to the Housmg and Redevelopmant Authority's t� levy for 1997 The levy was first approved by the Crty Council and the HItA m 1996 The purpose of the levy �s to support the IIRA's housmg rehabil�tation loan program The levy is based on 0144 percent of the market value of all taxable real property m the City It produces about $171,000 a year The levy was renewed for 1997 by the HRA on August 14, 1997 If the C�ty Council concurs, levy notificauon will be submrtted to Anoka County pnor to the September 15, 1997 deadlme The levy will have a taz impact of $13 05 on a$91,000 home 5taff recommends Council's approval ADOPTED RESOLUTION NO. 61-1997. 3. RESOLUTION NO 62-1997 APPROVING AND AUTAORiZING EXECUTION � OF AGAEEMENT WITH NORTHERN STATES POWER COMPANY FOR FLUORESCENT LAMP RECYCLING COST REIMBURSEMENT SERVICES AT THE FRIDLEY RECYCLING CENTER; AND, FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 3 � RE50LUTiON NO 63-1997 APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH J.R'S APPLLANCE DISPOSAL. INC., FOR APPLTANCE RECYCLING SERVICES AT THE FRIDLEY RECYCLING CENTER: Mr Burns, C�ty Manager, stated that staff will add appl�ances, fluorescent lamps, and scrap metal to the hst of matenals that may be recycled at the Crty's Recyclmg Center behmd Columb�a Arena as dtrected by Councd Collecrion of these materials will begm September 20, 1997, sub�ect to Council's approval of contracts with Northern States Power and J R's Appl�ance D�sposal Under the contract, N S P w�ll reimburse the Crty for the admmistraUon costs, storage, labor, supphes, transportahon, and other costs related to the recychng offluorescent lamps The contract w�th J R's AppLance Disposal provides that the City will pay $7 00 per appl�ance for apphances brought to the Fr�dley Recyclmg Center Apphances mclude refrigerators, freezers, washers, dryers, stoves, trash compactors, resident�al furnaces, heat pumps, microwaves, dish washers, garbage disposals, water heaters, and dehumidifiers The City will charge each customer $10 for disposal of these items The Gty will also expect the customer to unload their apphances at the site At this time, rt is not necessary or desirable to enter mto a contract with a scrap metal recycler Staff recommends � Counc�l's approval ofthe contracts w�th N S P and J R's Appltance Disposal ADOPTED RESOLUTION NOS. 62-1997 and 63-1997. 4. RECEIVE BIDS AND AWARD CONTRACT FOR WELL AOUSE NO. 1 BOOSTER STATION PROJECT NO. 298: Mr Burns, City Manager, stated that elements of the pro�ect mclude demolrtion of the existmg well house and booster statioq replacement of p�pmg, buildmg reconstruct�on, and mstallation of new S C A D A based telemetry Seven b�ds for this work were opened on August 12, 1997 The responsible low bidder for all work specified was Magney Construction at a cost of $316,300 In addition to construction costs, the City received a proposal from S E H for construction oversight and mspection m the amount of $23,600 Total cost for the pro�ect is pro�ected at $340,200 or about $60,200 more than the amount budgeted There are sufficient funds in the 1997 Capital Improvements Plan Water budget to cover the addrtional costs Staft'recommends that Council award the contract to M C Magney Construchon m the amount of $316,300, and approve a construction/mspechon contract wrth 5 E H m the amount of $23,600 Councilman Bilhngs recommended movmg Item No 4 from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED � ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1947 PAGE 4 � 5. 6. APPROVE CHANGE ORDER NO. 1 TO I-694/TTi 47 N.E. RAMP. PROdECT NO. ST. 1997-3: Mr Burns, City Manager, stated the consideration of a moUon to approve Change Order No 1 to the I-694/TH 47 N E Ramp Pro�ect The cost of the change order �s $332 94 The money �s to be used to provide prel�mmary warnmg s�gns adv�smg motorists of the work to be done on the ramp These costs are retmbursable by MnDOT Staff recommends Council's approval of the change order m the amount of $332 94 to be paid to Forest Lake Construction Construchon is expected to begm thts week and to be sabstanrially completed by November 1, 1997 New signals and turf resYoration w�ll be completed by the end ofNovember Councilwoman Bolkcom recommended removmg Item No 5 from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. APPROVE CHANGE ORDER NO. 1 TO STREET IMPROVEMENT PROJECT NO. ST. 1997 - 1& 2: Mr Burns, Crty Manager, stated that the 1997 sealcoatmg pro�ect occurred m areas north � and south of I-694 and west of Unrvers�ty Avenue Durmg the process application rates for od and aggregate were ad�usted to ophm�ze coverage Additionally, the section of 53rd Avenue between Umverstty Avenue and Main Street and the Well No 13 parkmg lot were added to the pro�ect The net cost of these changes �s $16,640 This brmgs the total pro�ect cosY to $12o,817 O1, well withm the origmal budgeted amount of $160,000 Staff recommends Council's approval of the change order for $10,640 to be paid to Allied Blacktop Company � APPROVED CHANGE ORDER NO. 1 TO THE 1997 SEALCOATING PROJECT. 7. APPROVE CHANGE ORDER NO. 3 TO CENTRAL AVENUE EiTUMINOUS SIDEWALK, PROJECT NO. ST. 1994-9: Mr Burns, C�ty Manager, presented the consideration of a mot�on to approve Change Order No 3 for the Central Avenue B�keway/Walkway pro�ect The change order m the amount of $1,250 u needed for materials testmg, as well as for unanticipated costs of seed and mulch m areas that were to have been left natural Staff recommends Council's approval of the change order m the amount of $1,250 to be paid to Hardrrves, Inc Councilman Schneider recommended removing Itein No 7 from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCiL MEETiNG OF AUGUST 25, 1997 PAGE 5 � 8. RECEIVE PETTTlON FOR STOP SIGNS AT SEVEN STREET N.E. AND 68th AVENUE N.E. (WARD 11: Councilman Billings recommended removmg Item No S from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND YLACED ON THE REGULAR AGENDA. 9. APPROVE JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP CONCERNING CONTRACT FOR �"IRE FIGATING Mr Burns, Crty Manager, presented the consideration of a mohon to approve a �omt agreement between Che City of Fndley and Che Crty of Hflltop for fire protection services The Fridley Fire Department has been providing fire protect�on services to the City of Htlltop smce January, 1985 The proposed contract �s for two years (January 1, 1998 to December 31, 1999) The contract provides an annual flat fee of $23,000 per year, a per call fee of $260 plus $260 per hour for each hour or fract�on thereof beyond two hours, the sum of $800 per year for semiannual fire mspecUOns of industnal, commercial, and mult�ple dwellmg properhes, and a fee of $35 per hour for arson mvest�gation The $23,000 flat fee represents a three percent increase over the current contract amount The � other fees, wtth the exception of the fee for arson mvestigation, have also been raised by three percent Staff recommends Council's approval APPROVED JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP CONCERNING CONTRACT FOR FiRE FIGATING SERVICES. 10. APPROVE 1997-1998 ANIMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL: Mr Burns, Crty Manager, presented for cons�deration a mohon to approve the 1997-1998 ammal contro] contracY wrth Bnghton Vetennary Hosp�tal Our current contract expired 7uly 3], 1997 After seekmg quotes from potent�al providers we are recommendmg awardmg the contract to Bnghton Vetennary Hosprtal The fee schedule �s $1,200 per month Quarantme fees are $10 per day for dogs and $8 per day for cats The contract will run from August 25, ] 997 to August 31, 1998 Staff recommends approval of a contract with Bnghton Vetennary Hosprtal Councdman BdLngs recommended removmg Item No 10 from the consent agenda THIS ITEM WAS REMOVED FROM THE CONSENT AGENllA AND PLACED � ON THE REGULAR AGENDA. � � � FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 6 11. APPOINTMENT OF CITY EMPLOYEE: Mr Burns, Crty Manager, stated d�s recommended that Mechell R Turok be appomted tp the positton of AccountmglData Processmg Clerk (Cashter) This position was recently vacated by Walter Cole, who took a posrtion w�th another c�ty Ms Turok's background mcludes an AA degree m Accountmg and a Mumcipal Accountmg Certificate, both from Anoka-Ramsey Communrty College She has served as an accounts payable /assistant to the Cluef Financtal Officer at Lindstrom Metnc, Inc Staff recommends CounciPs concurrence APPOINTED MECHELL R. TUROK TO TAE POSITiON OF ACCOUNTING! DATA PROCESSING CLERK. 12. CLAIMS: AUTHORiZED PAYMENT OF CLAIM NOS. 76072 - 76347 13. LICENSES: APPROVED THE LICENSES AS SUBMTTTED AND AS ON FILE IN THE LICEN5E CLERK'S OFFICE. 14. ESTIMATES: APPROVED THE ESTIAZATES AS FOLLOWS: Jay Brothers, Inc 9218 Lake Dnve N E Forest Lake, N1N 55025 Central Avenue Bikeway/Walkway Bndge Abutments Pro�ect No ST 1994 - 9 Final Est�mate Contmental Br�dge 8301 State Highway 29 N Alexandria, MN 56308 Central Avenue Bikeway/Walkway Bndge, Pro�ect No ST 1994 -9 FINAL ESTIMATE $ 9,674 37 $ 40,147 31 ' � FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 7 Alhed Blacktop Company 10503 -89th Avenue Maple Grove, MN 55369 1997 5treet Improvement (Sealcoat) Pro�ect No ST 1997 - 10 Estimate No 1 Hardrwes, Inc 14475 Quiram Drrve Rogers, MN 553374 Central Avenue Bikeway/Walkway Pro�ect No ST 1994 - 9 Esttmate No 5 Newqwst & Ekstrom Chartered 301 Fndley Plaza Ofiice Buildmg 6401 Umversity Avenue N E Fndley, MN 55432-4381 Serv�ces Rendered as C�ty Prosecutmg for the Month of May, 1997 $ 107.177 69 $ 42,516 78 $ 16,170 00 No person m the audtence spoke regardmg the proposed consent agenda rtems MOTION by Councilman Barnette to approve the consent agenda with the exception of Item Nos 5, 7, 8 and 10 Seconded by Councilman Schneider Upon a vo�ce vote, all vohng aye, Mayor 7orgenson declared the motion cazned unammously ADOPTION OF AGENDA: MOTION by Councilman Bilhngs to adopt the agenda with the addiY�on of Item Nos 5, 7, 8 and 10 placed after "Open Forum " Upon a voice vote, all votmg aye, Mayor Jorgenson declared the mot�on carned unammously OPEN FORUM, VISITORS: There was no response from the audtence under this rtem of busmess ITEMS FROM THE CONSENT AGENDA: � 5, APPROVE CHANGE ORDER NO. 1 TQ I-694/TH 47 N.E. RAMP, PROJECT NO. ST. 1997-3 Councilwoman Bolkcom asked Mr Flora about traffic flow problems FRTDLEY CITY COUNCiL MEETING OF AUGUST 25. 1997 PAGE 8 � Mr Flora reported that State Highway 47 will be open for traffic dunng construction This change order �s far these signs requested by MnDOT MnDOT normally puts up a ten-day warnuig s�gn adv�sing the public of the construction pro�ect MOTION by Councdwoman Bolkcom to approve Change Order No 1 to I-694/TH 47 N E Ramp, Pro�ect No ST 1997-3 Seconded by Councdman Schnezder Upon a voice vote, all votmg aye, Mayor Jorgenson declared the mot�on carned unammously 7. APPROVE CHANGE ORDER NO. 3 TO CENTRAL AVENUE BITUMINOUS SIDEWALK, PR07ECT NO. ST. 1994-9: Councilman Schnetder requested an update on the pro�ect pnor to approvmg Change Order No 3 to the Central Avenue Bitummous Sidewalk, Pro�ect No St 1994-9 Mr Flora reported that due to heauy July rams, the pro�ect has moved slowly Issues related to retammg walls, stump removal, and tree removal have been addressed The bndge �s m place By the end of next week, assummg the weather cooperates, the asphalt wdl be mstalled Addrtional seedmg �s to be added on the banks near the creek to ehmmate erosion MOTION by Councilman Schneider to approve Change Order No 3 to Central Avenue Brtummous Sidewalk, Pro�ect No ST 1994-9 Seconded by Councilman Barnette Upon a voice � vote, all votmg aye, Mayor Jorgenson declared the mot�on carried unarumously 8. RECEIVE PETITION FOR STOP SIGNS AT SEV�NTH STREET N.E. AND G8TH AVENUE N.E. (WARD 1): Councilman Bilhngs stated that he received a petition m the mad about ten days ago Act�on has already begun concernmg the petrtion Councdman B�llmgs sent a letter to those on the petrt�on puttmg them m contact wrth the PoLce DepaRment Mr Bums reported that Sergeant Lynne Tellers also sent a letter to residents m the neighborhood Mr Flora reported that the Police Department placed the radar speed mdicator at the location to record speed for two days last week MOTION by Councilman Bilhngs to receive the petrt�on for stop signs at Seventh 5treet and 68th Avenue Seconded by Councilman Barnette Upon a vo�ce vote, all vot�ng aye, Mayor Jorgenson declared the motion carried unammously 10. APPROVE 1997-1998 ANiMAL CONTROL CONTRACT BETWEEN THE CITY OF FRIDLEY AND BRIGHTON VETERINARY HOSPITAL: � Councilman Schneider requested staff to �nqwre about the method of ammal euthanas�a, �f necessary and clarification concernmg the Gty mcurnng the cost of boardmg animals if the owner did not claim them FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 9 � MOTION by Councilman Schneider to table approval of the 1997-1998 Arumal Control Contract between the C�ty of Fndley and Bnghton Vetermary Hospital until answers Yo the above questions are avvlable Seconded by Councilman Billings Upon a voice vote all votmg aye, Mayor 7orgenson dedared the mohon carried unanimously OLD BUSINESS: 15. ORDiNANCE NO. 1101 RECODIFYING THE FRIDLEY CITY CODE, CFIAPTER 1, BY AMENDING SECTION 1.02.09 (WARD BOUNDARTES): Mr Champa, City Clerk, stated that this is the second readmg of the Gty Code deahng wrth ward boundaries Th�s proposed ordmance creates a new precmct to accommodate the voters gamed by the annexat�on of properties from the C�ty of Coon Rap�ds 5mce the land falls in a different County Commissioner Distnct than the Fndley land ad�acent to it (Ward 3 Precmct 1), the Crty needed to create a new precmct for the annexed territory A relahonship �s also reqmred m the names of the two precmcts Staff suggests that Ward 3 Precmct lA and Ward 3 Precmct 1B Once Ward 3 Precinct 1B is established, admm�stermg an election £or seven reg�stered voters is the next challenge There were two opt�ons The first opt�on was to designate Sprmgbrook Nature Center as a pollmg locat�on and appomt three addittonal �udges tQ admmister the election to the seven � reg�stered voters The second option was to allow voters to vote by mail because there are less than fifty registered voters Reg�stered voters m Ward 3 Precinct 1B would be mailed a ballot twenty days before an election Res�dents would also have the option of votmg on elect�on day at the Mumc�pal Center where three Crty employees, who are Anoka County residents, would serve as election �udges There are two add�t�onal reqwrements �f th�s opt�on is chosen The first requires Councd to pass a resolutton authonzmg mail ballotmg for this precmct This would need to be done by September 19, 1997, to accommodate a November 4, 1997, special election The second requvement was that s�x weeks before each election, the Gty Clerk woufd post a notice of mail balloY procedures at the Murucipal Center Before the first election at which matl ballotmg ts used, a notice would also be mailed to all affected registered voters Either of Yhe two options are acceptable to staf£ Councilwoman Bolkcom asked how long the Cdy had to notify the County She also asked �f the City received any comments regardmg the letter sent mformmg them of the changes She recommended decidmg on one way or the other She d�d not thmk the�r precmct and location should change every election year Mr Champa staYed that the City has sixty days to change the precmct number if it �s determmed to admm�ster ballots by mad There was no response to the letter sent to the res�dents m Ward 3 Precmct 1B He dtd not have a resolut�on prepared for the mad ballot for th�s everung but could have one prepared for the next meetmg � Councilman Schneider asked about the secrecy of the vote bemg comprorrused due to �ust seven people m the precinct He asked if there was any difference m protecting secrecy FRI�LEY CITY COUNCIL 1YIEETING OF AUGUST 25, 1497 PAGE 10 � Mr Champa reported that he thought the mad-m ballots are more private MOTION by Councilwoman Bolkcom to waive the second readmg and adopt Ordmance No 1101 on the second readmg and order pubhcat�on Seconded by Councilman Schneider Upon a vosce vote, al] voCmg aye, Mayor 7orgenson declared the motion carried unarumously NEW BUSiNESS: 16. RESOLUTION NO. 64-1997 ADOPTING A PROPOSED BUDGET FOR TAE FISCAL YEAR 1998: Mr Pnbyl, Finance Director, stated that m conformance with Chapter 275, Sect�on 065 of the Minnesota Statutes, the City must certify a proposed budget to the County Auditor prior to September 15, 1997 The budget process started eady m the year w�th each department prov�ding a request to the C�ty Manager for review so he could develop a draft budget The draft budget was presented to Council over a three-meetmg process this summer As a result of the discussions, staff developed this resolut�on The 1998 budget resolution reflects a 7 4 percent decrease from 1997 while the 1498 General Fund budget is at a 2 7 percent increase The General Pund budget mcludes an mcrease m property tax levy by 3 percent over the 1997 levy The city tax �mpact on the average home owner �s 3 percent A budget overview from 1996 to 1998 was presented Staffrecommends adoption ofthe proposed budget for 1998 � Councilman 5chne�der stated that overall budget requests exceeded revenue, and the budget was sent back to staff to revise He asked how staff made these changes, when the last time a property tax levy was mcreased, and what the rate of inflat�on was at that t�me Mr Pnbyl stated that this budget has a drawdown from the fund balance of $286,007, and there is a 3 percent mcrease m property tax These components bnng a balanced budget This is an estimate Oftentimes we come m below what was estimated Two years ago the property tax levy was increased 3 percent At Council's request we held a very stable levy He did not know the rate of mflation ofthand Councilman BilLngs asked if thts was the maximum budget we could levy He asked if the City Manager presents a budget later m the year �f Council wdl be provided with answers to these questions N[r Pribyl stated tUat this is the maximum the City can levy to the County once this budget is certified The Crty can reduce the rate as well At a November or December Crty Councd meetmg, the C�ty Manager will present a budget for Council's approval MOTION by Councdman Schneider to adopt Resolution No 65-1997 Seconded by Counc�lman Btlhngs Upon a voice vote, all votmg aye, Mayor 7orgenson declared the motion carr�ed � unanimously FRIDLEY CTTY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 11 ' 17. RESOLUTTON CERTIFYING PROPO5ED TAX LEVY REOUIFiEMENTS FOR 1998 TO THE COUNTY OF ANOKA: Mr Pribyl, Finance Director, reported that the levy m conformance wrth the above ment�oned budget requ�res the City to certify its proposed tax levy to the County by September I5, 1997 The 1998 proposed tax levy of $4,010,570 represents an mcrease of $118,958 over the 1997 certified levy resultmg m a 3 percent mcrease m the tax levy Staff recommends approval of the proposed tax levy reqmrements MOTION by Councilman Schneider to approve resolut�on Certifymg Proposed Tax Levy reqmrements for 1998 to the County of Anoka Seconded by Councilman Bamette Upon a voice vote, all votmg aye, Mayor Jorgenson declared the mot�on carned unanimously ADOPTED RESOLUTION NO. 65-1997. 18. VARiANCE REOUEST, VAR #97-12. BY WTLLIAM AND WENDY NERGARD TO REDUCE THE REOUIRED LOT SIZE FROM 7,500 TO 5,500 SOUARE FEET; TO INCREASE TAE LOT COVERAGE FROM 25 PERCENT TO 32 PERCENT: TO DECREASE TAE FRONT YARD SETBACK FROM 35 FEET TO 22 FEET; AND TO RED[JCE TAE REAR YARD SETBACK FROM 27.5 FEET TO 17.5 FEET, ALL IN ORDER TO BUILD A NEW 51NGLE FAMiLY HOME � AT 650 DOVER STREET N.E. (WARD 31: Mr I�ckok presented Vanance Request #47-12 at 650 Dover Street for four vanance (1) to reduce the requtred m�rumum lot area from 7,500 square feet to 5,500 square feet, (2) to mcrease the maximum lot coverage from 25 percent to 32 percent, (3) to reduce the front yard setback from 35 feet to 22 feet, and (4) to reduce the rear yard setback from 27 5 feet to 17 5 feet Mr Hickok stated that a smgle fam�ly home is proposed The property �s located 211 feet from Rrvarview Terrace on Dover Street The property is zoned R-1 Smgle Family Resident�al A video tape of the property and surroundmg areas to give a sense of the neighborhood There was a vanance of similar nature at 537 Fa�rmont Street for a 1ot variance from 7,500 feet to 5,500 feet as well as a front lot setback to 26 feet resultmg m a lot coverage of 34 percent Th�s property measures SO feet by 110 feet and is vacant There are 106 residential lots between 5,000 and 6,000 square feet m Riverv�ew Heights ofwh�ch 96 have structures m place The first item for consideration �s the lot area vanance The property �s 2,000 square feet less than the mimmum reqwred There are many similar sized properties m the Rrvernew Heights area wluch have been developed if the City demes the lot area var�ance, the only remammg economic alternative for the property owner is to sell the property to e�ther one or both of the ad]acenY properties The properCy owner previously md�cated that the ad�acent owners were not mterested m buymg the property The Crty has not prev�ously granted a vanance of this nature � This is a 50-foot lot All vanance requesCs to allow construction on 40 foot lots have been derued FRiDLEY CITY COIINCTL MEETING OF AUGUST 25 1997 PAGE 12 � The second request is the lot coverage vanance Code allows that 25 percent of a lot to be covered by structures The petittoners are proposmg a 1,282 square foot dwelLng and an attached garage mcreasing the lot coverage to 32 percent The tlurd request �s the front yard setback The petrtioners have requested a var�ance to reduce the front yard setback from 35 feet to 22 feet The dwelhngs on either side do not meet the setback requuement with the measurements bemg 10 9 feet to the west and 31 1 feet to the east The setback of the proposed structure is sensittve to the sight Imes of ad�acent structures The City has previously granted a front yard variance request to 8 feet The fourth request is for a reduction m rear yard setback The pehhoners are requestmg a 10 foot reduct�on m the rear yard setback requirement from 27 5 feet to 17 5 feet which also affects the attached garage The petitioners could construct a detached garage which could be located 3 feet from the side and rear lot hnes The proposed garage will be 63 feet and 24 feet from ad�acent structures Similar vanances have been granted in the past Flood plam requtrements are necessary because the proper[y is located wrthm the flood plam of the IVLssiss�ppi River The Federal Emergency Management Agency's flood plam requirements requ�re the first flaor elevation be located at 824 5 feet or higher The structure will be elevated on masonry 61ock as opposed To fill The pet�t�oners will need to address the aesthetic �mpact of the block prwr to the buildmg permrt application An elevation certificate is also required The � City typically reqwres a hold harmless agreement mdemmfymg the City from damages and habdrty should the dwellmg be affected by floodmg Staff felt that the s�te and house destgn �s appropriate to the lot The side yard setbacks are met The design of the house mmimizes encroachment on ad�acent propert�es and adds mterest to the streeYscape Staff recommends that Council approve the reducGon m rrummum lot area from 7,5�0 square feet to 5,500 square feet and an mcrease m the lot coverage from 25 percent to 32 percent that mclude the followmg shpulat�ons (1) No further e�pansion of the structures, prmcipal or accessory, shal] occur on th�s lot, (2) No further enclosures such as a 7-foot pnvacy fence or a densely planted hedge shall be mstalled An open work fence such as a standard 48- mah picket or cham Lnk is acceptable If Council approves the var�ance request to reduce the front and rear yard setbacks, staff recommends the followmg st�pulat�ons as conditton of approval (1) A dwellmg and accessory structure shall be flood proofed m accordance with national standards for flood proofing, (2) The first floor elevat�on of habitable space shall be at 824 5 feet, (3) The petitioners shall submrt a verifymg survey ver�fymg the first floor elevation, (4) A plan to mmimize the aesthet�c impacY of the flood proofing shall be submitted and approved by staff, mcludmg archrtectural (bnck sidmg, etc ) and landscape improvements, (5) The pet�t�oners shall mstall a hard surface driveway by October 1, 1998, (6) The petitioners shall provide a short term solution to the catch basin to be mstalled m the southwest corner of the property, and (7) The pet�tioner shall execute a hold � harmless agreement mdemmfymg the Crty from damages and Labdity should Yhe dwelL�g be affected by flood�ng FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 13 � Councilwoman Bolkcom asked how many of the homes �n this acea have been built pnor to the ordmances now m effect She also wanted to know why the ten or so lots are vacant She wondered �f they ace small lots and cannot be bailY on 5he sYated that there �s an understandmg that we do not build on 5,500 foot lots She requested a readmg of the letter with the agenda materials, as �Y was not leg�ble Mr I�ckok reported that ordmances requtnng 7,500 square foot lots have been m place smce 1955 A great number of homes were built m the 1940's, with many homes on 50 foot lots pnor to those ordmances Ae reported that that lot owners understood they could not build on the lots that are 5,500 feet To clarify Councilwoman Bolkcom's question about a letter mcluded in the package, Mr Hickok stated that the wnter did not beLeve that a house budt on that lot with no frontage should have that many setbacks Councilman Barnette mquired about an area off Mam Street, near 44`�' and 45`" Avenues, m the Plymouth Addrtion He sa�d that there were a number of 50 foot lots in which there were houses budt on them Mr Flora rephed that there were three lots m which HUD homes or sYarter homes were constructed on 50 foot lots Councilwoman Bolkcom expressed concerns as to the height of the home due to flood plam � requirements, as well as the precedent the Ctty may be setfmg regarding 50 foot lots She asked what kmd of srte lines the LeFaves would have once this home was located on the lot She wondered how long the petitioner has owned the lot and if they aware of the lot requirements Councilman BilLngs recalled a term "setback aueraging ° He asked �f d was a plannmg term and Sf it appLed to th�s plan Council has uYilized this prmc�ple before Perhaps sYaff or the peYit�oner could respond to the v�sual impact of the structure bemg 6 feet h�gher than the ad�acent structures He asked if rt was possible to run the sidmg 4 or 5 feet down from the block to groe the illus�on that the house is lower to the ground Mr H�ekok sYated that stafF would requ�re aesthet�c treatments to mmtm�ze or create a settmg of bemg complimentary to the neighborhood 5etback averagmg does apply to this plan Councilman Bd(mgs stated thaY there are 106 homes built on lots of this size, all of wh�ch were built pnor to 1955 In our society today these are classified as agmg properties He asked what �t will do to those homeowners whose homes may someday be deemed not worth keepmg up or may be needed to be torn down ifihe City takes the position Yhat we cannot build on 50 fooY lots Mr I�ckok stated that the residents would need to apply for a variance if the property �s less than 50 percent ofits value It �s conceivable that th�s could happen � Councdman Schneider asked if the C�ty could say that a resident could not rebutld �f there were a fire, a flood, or a catastrop}uc event that occurred on a 50 foot lots He asked what the City would want to do wrth these vacant 50 foot lots FRTDLEY CITY COUNCTL MEETING OF AUGUST 25, 1997 PAGE 14 � Councilman Billmgs stated that another pomt would be that �f the C�ty dec�ded that someone could not build on 50 foot lots, mortgage compames would make rt difficult to obtam mortgagees on these properties Insurance may be d�fficult to obtam as well A second concern is that the scattered site housmg program is not waitmg for these 106 homes on 50 foot lots to be unmamtamed for the City to acquire them T}us program �s not des�gned for tlus need, and fund�ng is not available to bank property If the goal were to rev�tal�ze the neighborhood rt would be a different scenano than the proposal before us Counctlman Bdfmgs asked �f th�s particular rtem was sub�ect to the sixty-day rule, and where tiungs were m regard to t�me Mr Hickok stated that Gouncil must act on the variance requests at the next meetmg Corancilman B�llmgs stated that when the ordmance was passed the suburbs provided a larger piece of land for people movmg out Today, as illustrated m the townhouse developments, a number of people m our soctety have a bus�er bfestyle and do not want to mamtam a yard These kmds of thmgs are changmg m our soc�ety today Councilman Bdlmgs is concerned wrth settmg a precedent for those who already live m Fndley The lots were platted, and part of the considerat�on might hmge on how and when the lot was acquired Mayor 7orgenson clanfied that there are some mortgage companies who would make rt d�fficult to obtam a mortgage on this type ofproperty � Mayor 7orgenson asked if 824 5 feet �s higher than the 100 year flood event and if there is an mabil�ty to use the basement and a storm sewer system Mr I�ckok stated that there �s no basement allowed Mr Flora reported that there is not a formal storm sewer system There is a catch basm at the Rrverview Heights intersection that drams mto the 1vLss�ss�ppi River Councilwoman Bolkcom asked how �t will affect the residents on both sides of a lot when a great amount of storm water collects She asked what could be done to prevent this Mr Flora said he has not seen spectfics, but the addrtional land around the buddmg would be sloped around the structure, but there may be additional run-off Mr Hickok reported that there will be mmimal gradmg due to the frost footmg There is a breakpomt midway back on the house with designs for water to dram out to Yhe street that eventually would connect to a storm sewer improvement Councilwoman Bolkcom stated that storm sewer improvements are not planned m the near future She asked how many lots are under 7,500 square feet � Councilman Schne�der stated that there would be a fairly large number of homes built on ]ots under 7,500 square feet He asked if the Crty was saying that tf a home built on a substandard lat that burnt down could not be rebudt FRIDLEY CITY COUNCIL NTEETING OF AUGUST 25, 1997 PAGE 15 � Mr Hickok stated that staffwould do the research to determme the number of homes built on lots under 7,500 square feet He also mformed councd that �f a house burned down the homeowner(s) would have to request a variance Will�am Nergard, the petit�oner, addressed Council The Nergards do not own the property at this time Mr Nergard �s from Fndley and has en�oyed lrvmg m Fndley h�s ent�re life Dale Dixon, 600 Ely Street, provided a brief history of the property that was origmally owned by the railroad who put together these 50 foot lots as a promotion As years passed, Fridley became a city In 1955 zonmg restrictions came to pass W�tli Yhese small lots, this area had a good posstbility of becommg a shanty town Therefore, m an effort to avoid a shanty town environment zomng restnctions were passed regardmg 50 foot lots Res�dents have abided by the ordmances for many years, and they are now urgmg Councd to abide by the same rules Mr D�xon thought that t}us area has become a less desirable area with assessments to the propeR�es resultmg m abandonment when bemg told the�r property was unbuildable Land speculators have come mto the area hopmg to make money on these properties He understands that the C�ty wants the lots developed, but that is not what Council has heard from the neighborhood The nelghborhood does not want th�s type of development The neighborhood feels that Council should enforce the rules as they stand Not one person from this neighborhood supports this concept, as �t would be a detnment to the neighborhood ' Monte Maher, 7965 Riverview Terrace, stated that his home is located about 15 feet from the back of the Dover property Mr Maher owns 13,500 square feet, and lus neighbor has appro�mately 11,500 square feet Other neighbors have 7,000 to 9,000 square feet Many people do want b�g lots, and there is a reason for it There are many people who are agamst th�s var�ance request Mr Maher stated that the surroundmg neighbors are wi(Img to buy the lot, however the price of the property is h�gher than other lots sold in the area Neighbors have purchased einpty lots for $3,000 The area is well kept and used by many walkers and bikers The proposed home will stand out because rt would be budt higher than the existmg homes Lookmg at where the proposed dnveway wou(d sit, it is located right next to the neighbors' drrveway, which requires his permiss�on, and he ts opposed Dramage �s also an issue He asked how the water will move three feet up hill The water runs from the street, back toward the creek Wrth the add�t3onal hard surfaces the water would drain to the netghbors In Mr Maher's opmion, the structure does not provide adequate square footage The homes on both sides have a front and a back yard wrth a garage on the s�de The proposed structure does not A suggesrion for the Plannmg Commiss�on would be that the ad�acent land owners should be nohfied m order to have an option of expanding their homes Councilwoman Bolkcom clanfied thaY the ]ot s¢e is 7,500 for those budt pr�or to 1955, and the current lot size is 5,000 square feet � Ken Hudyma, of 641 Cheryl Street, stated that he would l�ke to clarify the grandfather rule Of course, they would be able to rebudd an existmg structure Mr Hudyna opposes the variance requests FRIDLEY C1TY COUNCiL MEETING OF AUGUST 25, 1997 PAGE 16 � Mr Hickok clanfied that if you have a 7,500 square feet lot platted before 1955 rt is legal, and a homeowner could rebuild, If the lot is less than 7,500 square feet you could not rebuild w�thout a variance request There is no grandfather rule for a 5,000 square feet lot Dwight Tust, 661 Cheryl Street, l�ves be}und the lot He stated that he is not m support of the vanance requests Monte Maher stated that his w�fe was not able to speak tomght Her comments were presented to the Appeals Comiruss�on Rod D'Aigle addressed Counctl regardmg comments at the Appeals Comm�ssion meeting One comment was that this house could look hke a trader home on a narrow lot A photograph of the plan was presented to Council He felt that the house would not be an eyesore to the commumty Councilman Barnette asked who owns the property and what Yheir mtent was when they purchased rt Mr D'tligle reported that his father purchased the propeRy m 1985 Councilman Barnette asked �f Mr D'P,igle's father was aware that rt was not a buildable lot when he purchased �t � Mr D'Aigle stated that there were 50 foot lots that were bwlt on when the lot was purchased Mr Knaak, City AtYorney, stated that the mmimum lot size ts the sYandard How it was configured does not matter A person who makes a purchase is charged with knovv�ng the requirements of the Crty He said there is a court case supporting th�s reqwrement If a person asked city staffabout the requuement and receive an mcorrect response, the home owner stdl are charged w�Yh knowing the requirements Mr Knaak said that what you are confronted with is what typ�cally happens w�th lot size �ssues There is one case m which a radio station gave out 20 feet lots In this case, there was a fire The property had been m the family for decades, and the Crty voted to follow the lot sizes The Fndley City Council is on soLd ground in enforcmg the lot size requirements When rt comes to vanances, sirrular requests have to be Yreated m similar ways If Councd allows this var�ance, they should be very clear on how th�s is different If Councd allows the variance, rt will be amendmg the City Code by precedent Councilman Schneider requested a statement of hardship since the property has not changed since the purchase � Mr D'Aigle stated that the hardship is what the owner �s gomg to do with the lot An offer has not been received from ne�ghbors on either side Complamts concermng site hnes have been addressed in the house plan Right now Frank D'Aigle has a piece of property he cannot do anythmg with If they could buy a piece of property on either s�de they would, but they cannot FRiDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 17 � because the property is not available In effect, the City �s regulatmg t}us piece of property for the benefit of the neighborhood Mr D'Aigle appeared before Councd to try to do somethmg with the property 5urveys have been conducted of the property, and it is relatively flat Mr D'Aigle said that there have been a lot of maccurate statements made concerrung the property He said by buildmg on the property rt would not flood out the other neighbors, as they would not be changmg the level of the land An add�t�onal plan has been drawn where the garage could be located m front, however he would do whatever staff recommends Shanng the dnveway �s an issue of dealmg with encroachment currently existmg The property has the required property setbacks for the drrveway This is a unique piece of property, it �s small, and there is not much that can be done with the lot Council cannot make a decision based on publ�c opmion only Mr D'?,�gle would need to get the vanances approved to build on his property He requested that a decision be made Councilwoman Bolkcom stated that many of those homes were m place pnor to 1955 She did not know why someone did not come forward to build on it pnor to 1985 She wondered if they knew it was not buildable Mayor Jorgenson stated that other homes built on these lots were budt prior to 1955 Right now Council does not look at public opmion only They look at the hardship The City Attorney has told Council that they need to look at the way they mterpret this m order to compare rt to e�stmg � ordmances Mayor 7orgenson expressed her sympathy m this case and explamed that Council mtends to balance the needs of the petitioners, the neighborhood, homeowners, and the City There are flood considerat�ons and storm water considerations as well Council needs to hear from neighbors to see what direction they will go as far as makmg a dec�sion this everung Mr D'.A�gle stated that there �s a hardslup for the owners of the property due to the City's requ�rements The property owner has done all he can Councdman Btllmgs asked if a hardslup �s a d�rect result of umque cond�t�ons of the property Mr Knaak stated that you can purohase the property at the time the conditions of the hardship exist you lose the r�ght to ob�ect There are several cases to cite supportmg that argument An unders�zed lot, purchased as an unders�zed lot, cannot be used as hardship Councdman Billmgs stated that he d�d not see Council movmg m the direction of passing the vanance If we allow buddmg on a lot at 5,500 square feet �t does not mean we set a precedent on lot spLts If three, 25 square foot lots are tied together as one tax parcel, this is a separate issue He asked �f that created the defimYion of lack of similarities Mr Knaak stated that it does not set a precedent Counc�lman Billmgs asked �f Councd would be settmg a precedent if they allowed an owner of a � 110 foot frontage property to split it to create two 55 feet frontages Mr Knaak answered m the affirmatroe FRIDLEY CITY COUNCIL MEETTNG OF AUGUST 25. 1997 PAGE 18 � Councilman Btlhngs asked, m a catastroph�c event, if the City took the posrt�on that in order to treat similar lots similar Council would have to deny 109 homes built on these similar lots Mr Knaak stated that there would be no dift'erent hardsh�p if these are sitmlar lots If they are non-conforming lots they would require a vanance to rebudd Councdman Billmgs asked if rt is a different issue with the home on Fa�nnont 5treet Mr Knaak asked what the vanance was for Councilwoman Bolkcom replied that the vanance was for additional square footage for livmg space Mr Knaak stated that if m fact Ummg �s the same, if one has a dwellmg and the other does not, it does not change the mterpretarion of the variance He suggested that rt is often a good practice to defer a final decision until a drafr of the findmgs has been completed In this mstance of deYermirung the request based on lot size, notlung more �s needed You are acceptmg the recommendaY�on of the Appeals Commission MOTION by Councdwoman Bolkcom for denial of Vanance Request #97-12 Seconded by Councdman Barnette Upon a voice vote, all voring aye, Mayor Jorgenson declared the motion � carried Counc�lman Schneider stated that this was an excellent plan, and the petrtioners worked very hard Councdman Schneider will vote for demal He said that he did not see the hardsh�p He stated that Council must consistently admm�sYer code requ�rements Counctlwoman Bolkcom urged the petrttoners not to take the demal of the vanance request or the comments from the Appeals Commassion or City Counc�l meetmgs personally The proposed home looks like a very ruce home, but the location the owners wanted it budt is m a very umque situation Councilwoman Bolkcom hoped that the petitioners would find another lot m the City 11. INFORMAL STATUS REPORTS Pomt-of-Sale Inspect�on Program or Smgle Family Housm� Mr Femelius, I3RA Housmg Coordinator, reported on the Pomt-of-Sale Inspection Program as a follow-up to the 7uly 29, 1997 City Council discussion Since February, staff has researched options on developmg an mspection program for owner-occupied housmg to determme unsafe housmg conditions A vanety of ordmances have been adopted m the metropoLtan area fallmg mto three categones The "Informahon Only" category discloses the condrtion not requinng repairs The second category, Hazardous Conditions, discloses the condition requ�rmg repa�rs 1 The thud category, Code Comphance, is the most stnct approach mvolvmg hazardous condmons and code requtrements FRTDLEY C1TY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 19 � Staff met with officials from other communtttes, mspectors, lenders and realtors about the programs Counal has gone through a typ�cal mspectton usmg the hazardous cond�t�on model Stafflearned the programs have good mtentions but are produce mixed results Most ordmances do not address extenor mamtenance, rather they focus on mmor repairs The programs are time and labor extensive to aditumster, and fees charged to the sellers do not typically cover admmistrative costs Lenders are changmg code the�r requirements Many commurut�es use Pomt-of-Sale programs as a pnmary tool to address housmg problems Not many cities have comprehens�ve programs that are mcentive based The bottom lme is that Point-of-Sale programs do not address the issues facmg Fndley, such as extenor mamtenance or cosmetic needs, eYc An alternative to accomphshzng these goals would be Yo contmue Yhe loan program and the IIRA Home Remodelmg Advisor position A plan book encouragme rehabihtation of a 1950's style rambler could also be developed Conductmg the remodehng fa�r m the sprmg of 1998 will be planned The City also will inonitor the State of Mmnesota's efforts to adopt a umform housmg mamtenance code Staff recommends that Council not adopt a Pomt Inspection Program Mayor Jorgenson suggested addmg a workbook mcludmg such items or checkLsts as the gas dryer ventmg, etc , to be d�stributed at the remodelmg fa�r � Counc�lwoman Bolkcom suggested a checkhst of safety issues Councilman Schneider asked how staff dec�ded on the Pomt-of-5ale program He asked if it was the analysis of the mock mspectton of homes Mr Fernel�us stated that staff did not have enough mformation when they started out Staff thought there could be a better way to address the �ssues such as peahng pamt on the extenor of a home, etc Ms Dacy stated that the cost eft�ectiveness of the program was a concern Although a fee structure could be implemented, there would have to be a request to Counctl to fund the program on an ongoing bas�s Prouosed Pohcy Relatm�; to 5torm Damaged Trees Mr Flora stated that as a result of the storms of 1997, there was concern for what citizens can expect If there is an emergency, an analys�s and assessment of the area would be needed A specific clean-up time would be establ�shed The area would be identified for removal of trees and brush Trunk removal would be the responsibdrty of the property owner By adopting this pohcy, the C�ty would be notifymg the publ�c m advance of what they can expect Mr Flora suggested presentmg th�s to Council at the next meetmg for adoptron � Update on Storm Dramage Pro�ects Mr Flora reported that as the result of the 7uly storms the followmg acttvrties have occurred FRIDLEY C1TY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 20 � 7130 Riverview Terrace A new hd was mstalled on the street manhole wrth holes Yo collect water A pipe was mstalled m the back yard for water Seventh Street A swatl was constructed movmg water to the pond of the rear of the lot due to flood water eroding the back yard VanBuren Street and 3G4 66th Avenue The Crty has offered to construct a berm neaz the dnveway to hold the water m the street The Ctty is waitmg for property owner approval G090 Woody Lane B�ds have been requested for a new catch basm and pipe Easements have been receroed from the two property owners The City hoped to start work witFun ten days 1499 Arthur Street The City has filled the erosion Chat occurred near Rice Creek bank and has constructed a berm to collect overflow m a pond 1280 and 1298 52nd Avenue The Gty has discussed this �ssue with Columb�a Heights A relief valve and cover on a manhole has been mstalled to reheve pressure on the Lne A final solut�on would be to mstall a pipe below the property floor he�ght, splrttmg the $18,000 cost wdh Columbia He�ghts 5G9 Rice Creek Terrace Matenals have been ordered � Mr Flora stated that the work has been done with m-house personnel on Saturdays The ma�n cost is the pipe installahon Mr Burns reported that Council will discuss mformally the preparation of a citizen survey Councilwoman Bdkcom requested an update on the Unrversrty Avenue fence An addrtional letter was recerved mquirmg about the fence on the west s�de of Unrversrty Avenue Mr Bums reported that the attorney for the League of Mmnesota Crties Insurance Trust did not see any l�ab�lrty issue concemmg the fence and will request mput from the League of Mmnesota Crt�es Councilman Billmgs has been asked to wnte a letter to MnDOT regardmg removal of the fence Councilman 3chneider asked for mput related to neighborhood response on the Tenmson case Mr Knaak stated that, ordmarily, anytime there is pei�d�ng ht�gat�on, rt should be treated as confidential � ' � � FRTDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 21 ADdOURNMENT: MOTION by Councilman Bamette to ad�ourn the meetmg Seconded by Councilman 5chne�der Upon a voice vote, all votmg aye, Mayor Jorgenson declared the mohon carned unammously and the regular meetmg of the Fridley Crty Council of August 25, 1997 ad�ourned at 10 45 p m Respectfully subm�tted, ����,� ��� Debb�e Kidder Secretary to the City Counctl ���,c,_ ��-���.s?,taz0��v Nancy J Jor�ns� ''� Mayor