08/09/1999 - 4658r
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�� � OFFICIAL CITY CITY COUNCIL AGENDA
T CI'�'Y COUNCIL �1�IEETING
AUGUST 9,1999
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� FRIDLEY CITY COUNCIL MEETING
ATTENDANCE SHEET
,a,Y oF Mondav. August 9, 1999
FRIDLEY %30 p.112.
Please print name, address and item number you are interested in.
ITEM
� FRIDLEY CITY COUNCIL MEETING
ATTENDANCE SHEET
� �F Mondav. August 9, 1999
FRI�LEY %30 z�.m.
Please print name, address and item number you are interested in.
ITEM
� FRIDLEY CITY COUNCIL MEETING
ATTENDANCE SHEET
� �F Monday, August 9, 1999
FRIDLEY 7:30 p.m.
Please print name, address and item number you are interested in.
ITEM
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CITY COUNCIL MEETING OF AUCUST 9,' 1::J99
CfTY OF
FRIDLEY
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexuai orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need
an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at 572-3500 at least one week in advance. (TTD/572-3534) _
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Presentation by the Minnesota Recreation and Parks Association
APPROVAL OF MINUTES:
City Council Meeting of July 26, 1999
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. First Reading of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof (Lots 9 and 10,
Block N, Riverview Hei hts ard 3 -
J ) N� ) ......................................... 1 4
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 9,1999 ` PAGE 2 r
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
2. Resolution Approving a Vacation, SAV #99-01,
Vacating a Portion of Carrie Lane, Quincy
Street and Jackson Street (Ward 1) .......... - °
................................. 5 7
3. Resolution Approving the Agreement with the
Department of Natural Resources for the
Replacement of the East Moore Lake Basin
Hypolimnetic Aerator -
..................................................................
4. Approve Change Order �Jo. 2, Riverview Heights
Street Improvement Project No. ST. 1999 — 1 .......................:.:. 16 - 18
5. Qesolution Amending Resolution No. 80-1998
Concerning the Final Roll for the Rice Creek
Bank Stabilization Project No. 309 Assessment ........................ 19 - 20
6. Resolution Amending Resolution No. 91-1998
Concerning the Final Roll for the Hackmann
Ave/Hackmann Circle Improvement Project
No. ST. 1998-1 Assessment ...................................................... 21 - 22
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 9,1999 PAGE 3
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS' (CONTINUED)•
7. Resolution Declaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment for
Osborne Road Improuemeni_(Old Central to Stinson -
Boulevard) Project No. ST.-1994 - 5 ......................................... 23 - 28
8. Resolution for Hearing on Proposed Assessment
Osborne Road Improvement (Old Central to
Stinson Boulevard) Project No. ST. 1994 — 5 ............................. 29 - 31
9. Resolution Declaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment
for 57th Avenue Street Improvement Project
No. ST. 1997 — 4 ........................................................................ 32 - 35
10. Resolution for Hearing on Proposed Assessment
57�h Avenue Street Improvement Project No.
ST. 1997 — 4 ...........................................................................:.. 36 - 39
11. Resolution Authorizing an Increase in Employer
Health Insurance Premium Contributions for the
1999-2000 Plan Year ................................................................. 40 - 41
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 9,1999 PAGE 4 '
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
12. Appointments: City Employees ................................................... 42
13. Ciaims ....................................................................................... 43
14. Licenses ..................................................................................... 44 - 47
15. Estimates ................................................................................... �8
ADOPTION OF AGENDA.
OPEN FORUM, VISITORS:
(Consideration of Items not on Agenda - 15 Minutes)
OLD BUSINESS:
16. Second Reading of an Ordinance of the City of
Fridley, Minnesota, Amending the City Code to
Include a New Chapter 409, Entitled "Franchise *
Fees" ....................................................................................... 49 - 52
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 9,1999 PAGE 5
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NEW BUSINESS:
17. Replat Request, PS #99-03, by Stephen Varichak,
to Create Three Separate Lots, Generaliy Located
at 1583 Gardena Avenue (Ward 2) ................................................. 53 - 79
1 �. informal Status Reports ...................................................................
80 _ . __
ADJOURN.
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GTY OF
FRIDLEY
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CITY COUNCIL MEETII�t� :��?�-���UG�U�T 9, 1999
The City of Fridley will not discriminate against or- harass anyone in the admission : ar access tq pr :treeatment, or employment in its
services, programs, or activities because of race,. color, creed, religion, national origin, sex, °disability; age, mazital status, sexual
orientation or statas with regard to public assistance, Upon request, accommodation will be provided to allow individuals with disabilities
to participate in any of Fridley's services, programs; and activities. Hearing impaired persons 4vho need an interpreter or other persons
with disabilities who require auxiliary aids should contact Raberta Collins at 572-3500 at least one week in advance. (TTD/572-3534)
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QLEDG� OF ALLEGIANCE.
PRESENTATION:
Presentation by fhe Minnesota Recreation
and Parks Association
APPROVAL �F MINUTES:
City Counci! Meeting of July 26, 1999
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APPROVAL OF PROPOSED CONSENT AG�NDA:
NEW BUSINESS:
First Reading of an Ordinance Under
Section 12.06 of the City Charter Declaring
Certain Real Estate to be Surplus and
Authorizing the Sale Thereof :(Lots 9.and 10,
Block N, Riverview Heights)
(Ward 3) ................................... 1 - 4
�ti�D��'�Q
2. Resolution Approving a Vacation, SAV #99-01,
Vacating a Portion of Carrie Lane, Quincy
Street and Jackson Street (Ward 1) ..... 5.
�Q�ov�� �,
APPROVAL OF PROPOSED CONSENT Ai3ENDA:
NEW BUSiNESS:
3. Resolutian Approving the Agreemen: with the ��
Department of Natural Resources for the
Replacement of the East Moore Lake 8asin
Hypolimnetic Aerator ............................ 8 -15
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4. Approve Change Order No. 2, Riverview
Heights Street Improvement Project No.
ST. 1999 —1 ................................... 16 - 18
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5. Resolution Amending Resolution No. 80-1998
Concerning the Final Roll for the Rice �
Creek Bank Stabilization Project No. 309
Assessment ......:........................... 19 - 2
��f�ue�
6. Resolution Amending Resolution No. 91-1998 �
Concerning the Final Roll for the Hackmann
Ave/Hackmann Circle Improvement Project
No. ST. 1998-1 Assessment ................. 21 - 2
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FRIDLEY CITY COUNCIL MEETING OF AUGUST 9,1999 PAGE 2
APPROVAL OFPROPOSED CONSENT AGENDA
NEW BUSINESS (CONTINUED):
7. Resolution Deciaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment
For Osborne Road Improvement (Old Central to
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�" �' Stinson Boulevard) P�o�ect No. ST
1994-5 ....... ............ .... .... . 23-28
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8. Resolution for Hearing on Proposed Assessment
Osborne Road Improvement (Old Central
To S#inson Boulevard) Project N
ST. 199� - 5 ................. .......: ..... .. 29 - 31
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9. Resolution Declaring Cost to be Assessed and
Ordering Preparation of Proposed Assessment
for 5;'h Avenue 8treet imprc,veme Project
No. ST. � 9S7 -- 4 ................. ....;l�y. ... 32 - 35
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10. Resolution for Hearing on Proposed Assessment
57t" Avenue Street Improvement Project No.
ST. 1997 - 4 ........................ ...�.. 36 - 39
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APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED): ; r�_,,,„; '� . y
14. Licenses .................................. 44 - 47
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15. Estimates ...... ......... ............... 48 ��rro���,
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ADOPTION �F AGENDA.
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OPEN FORUM, VISITORS: '7:,5��(
(Consideration of Items not on Agenda - 15 Minutes)
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OLD BUSINESS: ,t� ,;�p� q,p��- ��,�� �b -�"'ded
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16. Second R adit�g � n Ordinance of the City of �tia�
Fridley, Minnesota, Amending the City Code to °``'� �'`�
Include a New Chapter 409, Entitled :.Franchise
Fees" .............. . 49 - 52 1 ��
�p.�� -�'e� pubr,� �r,.��-� �� a �P.w.,
I�ou �- �-�+ s�.,lo s+'� 4-u�c -�-t1.tt ( c�ac�,�. f a¢td in �.-
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NEW BUSINESS: �a-N
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11. Resolution Authorizing an�lncreas� in Employer 17. Replat Request, PS #99-03, by Stephen b� 1�-`J
Health Insurance Premium Contributions for the Varicnak, to Create Three Separate Lots, a- 2,���1.�(
1999-2000 Plan Year .................. .. ... 40 - 41 Generally Located at 1583 Gardena Avenue
���-o� �Ward 2) ................................. 53 - 79
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12. Appointments: City Employees .............. 42 �� �'� z �,�'�-� � , � / �t.,� �-�� . ��D'''�'��z'�fi � �`�
18. Informal Status Reports '`.^....��°`........ �0 �- ��''�'`�°"`�``�
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13. Claims ................ ...... 43 A JOURN. �.e +� �+a�v e� h;51�`��S d-
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THE MINUTES OF THE �RIDLEY CITY COUNCIL M�ETING OF �� ---
JULY 26, 1999
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THE MINUTES OF THE REGULAR NIEETING OF THE FRIDLEY CITY COUNCIL
OF JULY 26. 1999
The Regular 1Vleeting of the Fridley City Council was called to order by Mayor Jorgenson at
7:34 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Jorgenson led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL: '
MEMBERS PRESENT: Mayor Jorgenson, Councilmember Barnette, Councilmember
Billings, Councilmember Wolfe, and Councilmember Bolkcom
MEMBERS ABSENT: None.
PROCLAMATION:
Law Enforcement Sunda -�Au_�ust 1. 1999
Mayor Jorgenson proclaimed August 1, 1999, as Law Enforcement Sunday to honor the efforts
of the men and women who serve in law enforcement in our local comrriunities.
A representative of Woodcrest Baptist Church, 6875 University Avenue, expressed the church's
gratitude for the outstanding performance of all local law enforcement personnel by honoring
them on August 1, 1999. Woodcrest Baptist Church recognized the need to offer spiritual
support and to honor the law enforcement departments throughout the northern metropolitan area
for their dedication and courage in performing their duties.
APPROVAL OF MINUTES:
Citv Council Meeting Minutes of July 12, 1999
MOTION by Councilmember Bolkcom to approve the regular City Council meeting minutes of
July 12, 1999. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE
MOTION CARRIED UNAI�IIMOUSLY.
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
1. RECEIVE THE PLAN1vING COMMISSION MINUTES OF JULY 7 1999•
` Mr. Burns, City Manager, recommended Council's approval to receive the Planning
Commission Minutes of July 7, 1999.
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CITY COUNCIL MEETING OF JULY 26 1999 PAGE 2
RECEIVED THE PLANNING COMMISSION MINUTES OF JULY 7,
1999.
2. RESOLUTION NO 48-1999 APPROVING A SUBDIVISION, LOT SPLIT,
LS #99-01, TO CREATE TWO RESIDENTIAL LOTS, GENERALLY
LOCATED AT 1132 MISSISSIPPI STREET N.E. (WARD 2):
Mr. Burns, City Manager, explained that Ms. Monica Lane petitioned the Cit� to'
split a 45,200 square foot lot at 1132 Mississippi Street for purpases oi.
constructing a single-family dwelling. The proposed lots would be 85 €eet and 75
feet wide and 17,942.25 square feet and 20,334 square feet in araa..: Staff
recommended Council's approval with the following stipulations: 1) Petitioner -
sha:l extend current 10-foot easement along the entire western boundary; 2)
Petitioner shall pay $750 park dedication fee for new lot prior to issuance of
building permit; 3) Petitioner shall grant code required 12-foot utility and
drainage easement along southern boundary of property; 4) Petitioner shall pay all
water and sewer connection fees; 5) Petitioner shall record a 12-foot driveway
easement along both sides of common property; 6) The current 15-foot private
easement along eastern boundary of property shall be vacation, or new home and
accessory building shall be set back 15 feet from the eastern boundary so as to not
encroach into the easement.
ADOPTED RESOLUTI�DN NO. 48-1999.
3. RESOLUTION NO. ??-1999 TO APPROVE AN AMENDMENT TO THE
COMPREHENSIVE SIGN PLAN FOR UNIVERSITY BUSINESS
CENTER (7920 - 7996 UNIVERSITY AVENUEI (WARD 31:
Mr. Bums, City Manager, explained that Duke Realty purchased these properties.
from Steiner Development and wished to amend the sign plan to accommodate
their marketing obj ectives. Duke Realty would like to convert from gold lettering
to white internally lit lettering. Since the proposed changes are consistent with
the sign ordinance staff recommended Council's approval.
ADOPTED RESOLUTION NO. ??-1999.
4. APPROVE T�MPO�RY SIGN PERMIT FOR •MICHAE�. •=SERYETUS
UNITARIAN CHURCH (6565 OAKLEY DRIVE N.E.I (WARD 11:
Mr. Burns, City Manager, stated that the application asks for permission to
display a temporary banner over Mississippi Street near Able Street. The banner
advertises the church's annual Labor Day Auction. The banner would be
displayed August 5 through September 7. Staff recommended Council's approval.
APPROVED TEMPORARY SIGN PERMIT FOR MICHAEL SERVETUS
UNITARIAN CHURCH.
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CITY COUNCIL MEETING OF JULY 26. 1999 PAGE 3
5. RESOLUTION NO. 49-1999 AUTHORIZING AN INCREASE IN
EMPLOYER HEALTH INSURANCE PREMIUM CONTRIBUTIONS FOR
THE 1999-2000 PLAN YEAR:
Mr. Burns, City Manager, explained the cost of employee health insurance has
risen by more than thirty percent (30%) for the next health contract year
(September 1, 1999 to August 31, 2000). Since the City has a good,e�perience
rating with its employees, staff recommended that Council adopt a self-insurance
option with a stop loss carrier and a third party administrator. . Mr; Burns stated
that while the City's portion of the premium would not rise; its actual .premium ..
costs would increase from $378 to $488 per month for single cover.age. : Staff
recommended approval of these new premium costs effective September 1, 1999.
ADOPTED RESOLUTION NO. 49-1999.
6. CLAIMS:
APPROVED PAYMENT OF CLAIM NUMBERS 88186 THROUGH 88443.
7. LICENSES:
APPROVED LICENSES AS SUBMITTED.
8. ESTIMATES:
APPROVED ESTIMATES AS FOLLOWS:
Carl J. Newquist, Esq.
Newquist & Ekstrum, Chartered
301 Fridley Plaza Office Building
6401 University Avenue N.E.
Fridley, MN 55432
Services rendered as City Prosecuting
Attorney for the Month of April, 1999 $ 17,347.67
Bituminous Roadways
2825 Cedar Avenue South
Minneapolis, NIN 55407
1999 Street Improvement (Sealcoat) Project
No. ST. 1999 - 10
Estimate No. 1 $ 54,199.63
Mayor Jorgenson asked if there were any questions or concerns from the public on any of
the items.
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CITY COUNCIL MEETING OF JULY 26 1999 PAGE 4 .
No persons in the audience spoke regarding the proposed consent agenda.
MOTION by Councilmember Bolkcom to approve the consent agenda. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY. .
ADOPTION OF AGENDA: -
MOTION made by Councilmember Billings to approve the ado�tion of the agenda.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
�PEN FORUIVI VISITORS:
Mayor Jorgenson invited members of the public to come forward to address any items not
on the agenda.
Mr. Richard Harris, 6300 Riverview Terrace, spoke regarding reopening the public
hearing to take more testimony pertaining to the franchise fee.
Mayor Jorgenson stated that the public hearing regarding the franchise fee was held two
weeks ago. She stated that the public hearing could not be reopened. She stated that
generally Council is very open to additional comments.
Mr. Knaak, City Attorney, stated that the Council and the public could have discussion
even though the information would not be classified under the public hearing but would
be recorded for public record.
Mr. John Howard, 7549 Tempo Terrace, inquired about the cost to operate Springbrook
Springbrook Nature Center each year.
Mr. Burns stated that the cost was in the neighborhood of $260,000.
Mr. Howard stated he felt that was quite a lot of money. He thought the franchise fee was
not very much being that it was only $3.00. He stated that he was more willing to pay it
on the water bill.
Mayor Jorgenson stated that Council would rather speak regarding the franchise fee later
under the Franchise Fee Ordinance.
Mr. Bruce Steffen, 148 Gibraltor Road, stated that he had a question regarding the
regulations for contractors who come to the community to do work in the City. He stated
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CITY COUNCIL MEETING OF JULY 26 1999 PAGE 5
that when he wants to do work on his house, he has to buy a permit, take pictures, etc.,
yet when the contractors come to his home, they do it in one day and they are gone. He
felt the building inspectors did not even see what the contractors do.
Mayor Jorgenson stated that, technically, the contractors were supposed to apply for a
building permit. The work also needs to be inspected. She stated the City has a brochure
available regarding building permits and how to go about getting them. She stated that
Mr. S'teffen should speak with Barbara Dacy, Director of Communiiy Development, or
Scott Hickok, Planning Coordinator, regarding the work that was done on his house.
Ms. Dacy stated that she would call Mr. Steffen to establish a time to meet v�ith hir�.
Mr. Steffen stated that the contractors had used residents' back yards for bathrooms.
Councilmember Bolkcom stated that Mr. Steffen could telephone the Contractor's
Division of the State of Minnesota. She said the State is very responsive to all
complaints they receive because each person who is a contractor has to apply for a
license.
Ms. Dacy stated that she was not sure if a satellite bathroom was required for contractors.
Councilmember Wolfe stated that having a satellite bathroom was an OSHA requirement,
but he did not remember what the stipulations were.
Mr. Lenny Brandt, 190 Craigbrook Way, stated that Springbrook Springbrook Nature
Center was supposed to be all-volunteer from the beginning of the campaign to have a
Springbrook Nature Center. He stated that he had always felt the Springbrook Nature
Center was a big joke. He stated that the City was paying dearly for the Springbrook
Nature Center, and he has not even been there. He stated that the City would have had all
the money they needed had they built a golf course.
Mayor Jorgenson stated that there was only one person on the Council who was on the
Council at the time the Springbrook Nature Center idea came about.
Councilmember Bolkcom stated that in a citizen survey a couple of years ago, there was
an overwhelming response of people supporting the Springbrook Nature Center versus
the golf course. The golf course would have only benefited a few people. The, �
Springbrook Nature Center was one of the top ten areas for sightseeing in the Twin
Cities.
Mr. Brandt stated that he thought the people who were writing letters favoring the
Springbrook Nature Center were people who did not live in Fridley. He thought the
Springbrook Nature Center was a lousy place and should have .been a golf course that
would have put Fridley on the map. He stated that he was going to have a referendum for
the last vote, but he was getting too old for this.
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CITY COUNCIL MEETING OF JULY 26 1999 PAGE 6
Mr. Harris, 6200 Riverview Terrace, stated that there was an article in the last Focus
News pertaining to a City reserve fund of $35,00O,OOQ. He asked how the City
accumulated $35,000,000 dollars and what the City was doing with it. He asked what
happened �to zero based bud�eting. He stated the City was not supposed to be a profit-
making organization.
Mr. Billings stated that the $35,000,000 was not reserve money. Some was special
assessment money that was being : c�llected. When the City does a street-:project they
bond for it and issue special assessments so people can pay over twenty years. During
the time period the money is-being colleeted, the.money goes into the,bank until the City
starts paying off the bonds. -The budget runs from January 1 to December 31, but
residents pay property taxes in. May, and the County gives the City its share of property
taxes in July. �'he City has te� have half of its money in the bank just to be able to pay the
bills from January to July. When the City gets the first half of the money from the
County there is not $35,000,000 of extra money sitting there.
Mr. Harris asked just how much is sitting there.
Councilmember Billings stated that he was not sure of what money Mr. Harris was
refemng to, and he was not able to tell Mr. Harris how much money is in reserves
without researching it.
NIr. Burns, City Manager, stated that he did not see the report Mr. Harris was referring to.
He stated that a lot of the money was ear-marked for depreciation or replacement of the
infrastructure like the storm sewer system. The City also needs a certain portion of it for
working capital. He stated that the last number he saw was approximately $17,000,000
or $18,000,000. The money was also helpful because it generates interest revenue and
helps to keep property taxes down. He stated that the City has been dipping into the
reserves over the years at an increasing rate. The projected budget for this year shows the
City using $1.3 million and next year up to $1.5 million. The amount being used for
property purposes has been reduced. If the City does not ha�e the balance the bond rating
would not be as high as it was. If you let the balance go down you do not have the
interest rates to offset revenue.
Mayor Jorgenson stated that some of the money was set aside for projects like Riverview
Heights. She stated that the only thing being assessed back to the residents was the cost
of concrete curb and gutter. , The City does not assess for sireets.
Mr. Harris asked if the City's policy of not assessing for streets had changed.
Mr. Burns stated that in 1992 the City started an annual neighborhood street
reconstruction program, and, as Council policy, it was determined that the property owner
would only bear the cost of curb and gutter.
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CITY COUNCIL MEETING OF JULY 26.1999 PAGE 7
Mr. Burns stated that the report Mr. Harris saw in Focus News was an annual report the
City was required to publish. Mr. Burns said the City was not disputing Mr. Harris'
numbers.
Mr. Harris stated that he was going to see if he could track the article down.
Mayor Jorgenson asked the members of the public to state their name and address every
time they speak at the podium so the recording secretary can ac.curately recard the
minutes.
Mr. Burns stated that the ; Finance Department;, in preparation for the franchise fee
proposal, provided him vvith a statement of the Gity's reserve status. The Finance
Department stated that the unreserved discretionary fund balances have decreased
significantly. As of about six to eight weeks ago, the estimate for the end of 1999 would
be $37,950,559 in reserves.
Mr. Thomas Rafferty, 148 Horizon Circle, stated that he would like to see something
done to control what was happening with everybody getting road rage. People pass on
the inside when you stop to let someone cross the street and then they honk their horn. It
was unsafe to walk down Main Street. If you put on your left turn blinker people will
pass you on the inside going 50 m.p.h. in a 35 m.p.h. zone. He felt that someone was
going to get killed unless the City did something about it; however, he did not know what
to do. He has never seen anyone get a ticket. He would like Council to see what they
could do to get some control.
Mayor Jorgenson stated that there were two more police officers about to be hired to help
out with this kind of thing. She stated that it was not only people who were speeding, it
was people ignoring stop signs, traffic signals, not using turn signals, cutting in front of
other people, etc.
Councilmember Bolkcom asked if the speed sign could be put on Main Street. She also
asked that the Police Department be alerted to the above-mentioned problems.
Mayor Jorgenson thanked Mr. Rafferty.
PUBLIC HEARING:
9. APPLIGATION FOR SPECIAL : LEGISLATI.VE --F.UNDING FROM THE
MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC
DEVELOPMENT FOR THE TRUNK HIGHWAY 65 HIGHWAY
IMPROVEMENT PROJECT DESIGN FEES:
MOTION by Councilmember Barnette to open the public hearing at 8:20 p.m. Seconded
by Councilmember Wolfe.
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 8
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC
HEARING WAS OPENED AT 8:20 P.M.
Ms. Dacy, Community Development Director, explained the purpose of the public
hearing was to receive comment on an application that the City was making for the
Department of Trade and Economic Developm�nfi. The legislature recently allocated the
City $500,000 to use toward fees for improvement on State Trunk Highway 65. In order
to get the paperwork initiated the money was allocated to the State Department of Trade
and Economic Development. ; Their procedure is to require a public hearing and submittal
of an application. The Minnesota Department of Transportation insisted on a recent study
for a sheet pile wall for State Trunk Highwa3� 65 over Moore Lake.
Ms. Dacy stated that the City was well aware of some of the traffic issues along this
roadway over Moore Lake. It was been suggested that the study investigate the addiiion
of a new northbound lane from the Lake Pointe intersection across to Moore Lake Drive
and an additional southbound lane. The purpose of this improvement would be to
improve traffic flow since the amount of traffic is expected to increase within the next
five to ten years. The City is making an application for Federal funding to pursue this
project. The recommendation to Council tonight is to have the public hearing. The
resolution will be considered later this evening. Once it is adopted, it would authorize the
City to begin the application process.
Councilmember Bolkcom stated that at the Planning �ommission meeting there was a
question if there would be any change in the lighting for the causeway.
Ms. Dacy responded that they have not proceeded to that stage in design yet.
Mayor Jorgenson asked if there would be an opportunity for the public to get involved
more.
Ms. Dacy stated that there would be more opportunities being that the City is at the
beginning of the process.
Councilmember Bolkcom asked if the actual median would be different--possibly more
attractive.
Ms. Dacy stated she could not answer that question at the moment because "the project
was only in the beginning phases of planning.
Councilmember Wolfe asked about the additional lanes.
Ms. Dacy replied that what was the shoulder of the road would become the third lane.
Mr. Flora, Public Works Director, stated that the purpose .of the study was to see if the
addition of two more lanes was possible across Moore Lake.
! CITY COUNCIL MEETING OF JULY 26 1999 PAGE 9
Councilmember Bolkcom asked at what point the information from the study would be
shared with the public.
Mr. Flora responded that the first question was to determine if it was capable to build a
new road over Moore Lake.
Councilmember Bolkcom asked if the $500,000-was just to decide whether it could or
could not be done.
Ms. Dacy explained that the $500,000 was the allocation from the State for design and
engineerin� fees for the project, if funded. The current study will determine if it can be as
a sheet pile wall.
Mayor Jorgenson asked if any members of the Council or the public had any additional
comments regarding the public hearing.
No other members from the audience spoke.
MOTION by Councilmember Barnette to close the public hearing at 8:31 p.m. Seconded
by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTIOI�T CARRIED UNAriIMavSLY AND THE PUBLIC
HEARING CLOSED A7' 8:31 P.l�i.
NEW BUSINESS:
10. SPECIAL USE PERMIT SP #99-04 BY JEFFREY VOGEL GRACE
EVANGELICAL FREE CHURCH TO EXPAND THE EDUCATIONAL
ADMINISTRATIVE AND GYMNASIUM SPACE OF THE CHURCH
GENERAI,LY LOCAT�D AT 755 - 73`� AVENUE N E(WARD 1Z
Mr: Hickok, Planning Coordinator, explained that Grace Evangelical Free Church was
applying for this special use permit to allow expansion of their educational,
administrative and gymnasium space of the existing facility. The coniferous trees along
the church property are intended to remain as part of this special use permit. The lot was
relatively flat covered by existing church buildings, parking lot and landscaping. In
1964, the first building permit was issued. In 1983, Special Use Permit #83-13 was
granted for an addition, and in 1990, there was a special use permit granted for an
addition that would also be used for daycare.
The special use permit for the daycare was null and void after a twelve-month period
because the church failed to exercise its right and expand during that time. Staff
recommended approval of this special use permit with stipulations. Churches are
permitted special use permits in an R-1 Zone District, and the expansion the church
CITY COUNCIL MEETING OF NLY 26 1999 PAGE 10 j
proposes complies with the stipulations recommended by staff and approved by the
Planning Commission.
Mr. Hickok reviewed the architect's version of the original plan versus the newer step
plan as proposed by the City. There is a distance of 80 feet from the back of the
neighboring house to the church. Mr. Hickok reviewed the sight line from the house
displaying_the 39-foot high proposal versus the 36-foot high proposal. With a stepped. 36. -
foot high wail, additional space was gained from the sight line. You would also: gatn a
perception that you do not have a three story mass 80 feet away from the residential
property. This eliminates nearly 1,000 square feet of space from the church :
administration building which was a concern for the church. Staff recommended that the ;
east f�ce of the administration building be broken into step components.
Councilmember Bolkcom asked what the height requirement was for a single family
home.
Mr. Hickok stated that, typically, the overall height would be around 17 feet. A two-story
home would be around 30 feet with the cutoff line being 35 feet.
Councilmember Bolkcom stated that the building resembled an apartment building with
the windows and the brick.
Nir. Hickok stated that the design was done for massing purposes. Final details of the
exterioi have yet to be made. The praposed detail of the � XTherefwo ld also be a glass
brick and stucco that would complement the bnck elemen
element that would match the brick and stucco features.
Councilmember Wolfe asked Mr. Hickok if stepping of the church was something the
church would have to do.
�:r. I�ickok stated that it was staf�s recommendation to Council that the special use
permit was a qualified permitted use in compatabilities and stipulations regarding
compatibility to neighbors.
Councilmember Bolkcom asked why the petitioner did not desire the stepping of the
structure.
Mr. Roland Peterson, spoke regarding the church's expansion. Mr. Peterson currently
serves as the Chair at Grace Evangelical Church. He wanted to remind Council that the
church had been part of Fridley since 1964, creating values and impacting lives of people.
He stated that the church was growing and has a severe space need. The church has
youth ministries, children's ministries, music ministries offering concerts, and a wide
range of activities for the community. Mr. Peterson said the church has a severe need for
space or they would not be requesting the addition.
� CITY COUNCIL MEETING OF JULY 26, 1999 PAGE 11
Mr. Peterson stated that the church has no problem with the stipulations other than the
one regazding the stepping of the building. There would be a loss of 1,000 square feet
when they needed all the space they could get their ministry. The cost for stepping was
also a coricern. There would be another $200,000 added, which may make it impossible
to complete the project. He stated that stepping would probably create roof problems
with leaks.
Mr. Peterson stated they would make the church very attractive to the neighborhood and
. would be able to adhere to all the stipulations except the stepping stipulation. He felt the
church had responded appropriately by lowering the height to 36 feet: -
Mr. Scott Roberts, representative of Genesis Architect, who was working with Grace
Evangelical Church, spoke regazding the architectural plans for the church. ' He stated that -
all of the stipulations were acceptable except for the stepping. Mr. Roberts presented
diagrams to show the angles of view from the neighboring house pertaining to the height
of the proposed version. He stated that City staff recommended stepping back 5 feet per
floor to achieve the visual interests with the surrounding neighborhood. The church
would like staff to consider the 36 foot height of the building versus stepping. He noted
that the 36-foot height would accomplish the same goals in terms of blocking the sun or
creating shadows as would the step version.
Mr. Roberts stated that the base exterior would be brick, and the upper floors would
possibly be stucco to lighten �he building and give it a smaller scale. He stated that as a
cansideration, the church does not have any issues with the other five stipulations .
including lowering the height to 36 feet, which is one foot above the requirements for.
residential, even though the church falls into commercial in terms of the guidelines. The
church was trying to fit into the residential neighborhood which was what they were
trying to do with the planning of the church.
Councilmember Wolfe asked Mr. Roberts if the building could be built further into the
ground.
Mr. Roberts stated that it was possible; however, there was a real high water table. They
could conceivably lower the building two feet, but it may present difficulties, internally,
with circulation flow.
Councilmember Barnette stated that rr�any homes to the north : have ground water
problems.
Councilmember Bolkcom stated that the City would have to determine exactly what
causes the ground water problems. She asked if lowering the building two feet into the
ground would lower the height to 34 feet. She asked if the church had any neighborhood
input before they brought the plans to Council.
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 12
Mr. Roberts stated that there was communication to the neighborhood prior to the
Planning Commission meeting via a handout that showed the plans and general views at
that point in time. The church contacted the individual neighbors along the affected side.
Mayor Jorgenson asked if any neighbors present would like to voice any concerns.
Mr. Jim Sweeny, 7320 Jackson Street, stated that his particular concern was regarding the
28-foof height of the gymnasium. He strongly recommended lowering th�. height of that
portion of the building. He asked how many trees were going to be put in for screening,
how large the trees would be, and when they would be put in. He wanted the trees put in
before the construction started. He stated that it looked like .the trees were to be 20 .feet>
tall. He stated that trees are dormant for two to three years after they are first planted.
Councilmember Barnette asked Mr. Sweeny how tall the trees were in his yard at the
present iime.
Mr. Sweeny responded that he has an 18-foot tree, a 14-foot tree, and some bushes that he
would like to see replaced with trees.
Councilmember Billings asked if Mr. Sweeny would like 20 foot trees planted in his
yard.
Mr. Sweeny stated that the tree would have to be 17 or 18 feet high if possible.
Mr. Hickok. stated that healthy trees of 14 feet have a good chance of surviving, but
anything taller would need a lot of maintenance to survive.
Ms. Gwen Nawrocki, 7310 Jackson Street, who was also a member of Salem Baptist
Church in New Brighton, stated that Salem Baptist Church completed a building project.
Grace Evangelical had Salem's sympathy because they know what Grace was going
through. At first, Salem was not an attractive building. The neighbors did not like the
church and dumped garbage in the church's yard and parking lot. The pastor of Salerti
asked the residents why they dumped the garbage. The neighbors said they did it because
the church looked like a pink jail. If the congregation did not care about its appearance,
neither did the neighbors. Now the church has been remodeled and looks very nice. It
was getting a very good response from the neighbors.
Ms. Nawrocki stated that she felt the trees were not as important as the appearance of the
building. She wondered if the architects considered sloping the roof line rather than
stepping. She stated that she felt the church needed to have an opportunity to grow, but
they also needed to have a good looking building to attract the people in the community.
She stated that Grace did not get in touch with Salem, so Salem did not know about the
addition. A representative from Salem was not able to come to the first meeting due to a
vacation.
�
t CITY COUNCIL MEETING OF JULY 26. 1999 PAGE 13
Mr. Hickok stated that a sloped roof would reduce their third level and diminish the space
they would need. He stated that staff's recommendation does not necessarily require flat
roof steps. The roof could be pitched over each step, which would look very nice
architectu'rally. It would also alleviate the flat roof problem.
Ms. Barbara Sweeny, 7320 Jackson, stated that the big gymnasium was not needed to-_
teach children about religion. She stated that they have to put up a lot with the church as .
neighbors, with the one-way street, and the noise and traffic. As a result, they have had
to put up a fence to block out some of the congestion.
Mayor Jorgenson asked if any other members of the public would like to express any :
concerns.
Mr. Peterson explained that the church was really trying to be a good neighbor. He
invited everyone to come and visit Wednesday evenings to view the type of ministry
programs they have. He felt the gymnasium would provide an excellent ministry for
them, especially with the problems youth are having today. He stated that he could not
emphasize enough how much the church needed the space. The gymnasium would also
function as a fellowship area for them. He stated that the church would like to continue
being a part of Fridley, but if they are not able to expand they may have to move away.
The church does not want to move.
Councilmember Barnette stated that he knows the church has made a lot of
accommodations and are good neighbors. He �vas sympathetic to the church. He felt that
once the addition was done attractively the neighbors would not notice that it was a
church.
Councilmember Billings asked what the recommended stipulation regarding the exterior
of the church was.
Mr. Hickak explained that the discussion supported all of the stipulations except the
stepping of the church. Stipulation No. 5 was about the architectural banding that would
take away the original appearance to create a triple paneled design. The church was
certainly for banding to create a visual connection.
Councilmember Billings asked about the elevation of the current floor level.
Mr. Roberts stated that the existing entryway stsps to the building are approximately 4
feet. It steps down 4 feet to the main sanctuary floor, and then another 4 feet to the lower
level so that it was essentially tri-level.
Councilmember Billings asked Mr. Hickok if the bottom line for stepping on the
illustration was for purposes of seeing more sun, shade, etc. In terms of the sight line, he
asked what the advantage was for stepping.
,
�
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 14 �
Mr. Hickok stated that there was a perceived,presence, a mass that was created by a
straight up wall that was an imposing feature from, a distance. There was a psychological
break of bringing the first step more in line with the scale that was around it, so if you
look out you have a visual break of the building that stops your eye. Though it might not
let a greater degree of sunshine in compared to a straight up wall, it does have the other
feature about it that makes it more powerful as a structure and �s close to a single story
residence.
Mr. Roberts stated that he felt the church could accamplish the goal of breaking down the
scale just as adequatel.y_as ha�ring a base that is brick. From there they could change the
material to a beige color: ; -
Councilmember Bolkcom stated that it seemed there was still some work that could be
done between the church and the neighborhood in trying to make the two groups feel
more comfortable with the whole project.
Mr. Roberts stated that the church was striving toward talking to neighbors individually.
Councilmember Bolkcom asked if there was any way the two grougs would have time to
get together to discuss the matter in more detail to come up with some examples.
Mayor Jorgenson asked when the church anticipated construction on the project to start.
Mr. Roberts stated that they would like it to start in the spring. From the church's
standpoint, it was very important for them to start their capital campaign and approve the
plan so the design could start immediately.
Councilmember Bolkcom stated that she thought this could be a win-win situation for
everyone. She personally would not vote for this tonight because she felt there needed to
be more details worked out.
MOTION by Councilmember Billings to table consideration of this item, in order to
ascertain the necessary information to fully examine and study the request, and to extend
the review period for City Council action an additional sixty days, and to notify the
petitioner in writing of the sixty-day extension as soon as possible. Seconded by
Councilmember Bolkcom.
UPON A VOICE � VOTE, ALL VOTING AY�, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mayor Jorgenson stated that the neighborhood would be notified when this would be on
the agenda.
11. RESOLUTION NO. 50-1999 AUTHORIZING APPLICATION FOR
SPECIAL LEGISLATIVE FUNDING FROM THE DEPARTMENT OF
TRADE AND ECONOMIC DEVELOPMENT AND AUTHORIZING
CITY COUNCIL MEETING OF JULY 26.1999 PAGE 15
EXECUTION OF THE AGREEMENT (TRUNK HIGHWAY 65
HIGHWAY IMPROVEMENT` PROJECT DESIGN FEES):
MOTIOI�F by Councilmember Barnette to approve the adoption of Resolution No. ??-
1999 authorizing application for special legislation funding from the Department of Trade
and Economic Development and authorizing execution of the agreement (Trurik Highway
65 Highway Improvement Project Design Fees). Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION GARRIED UNANIMOUSLY.
12. FIRST READING OF AN ORDINANCE OF THE CITY OF FRIDLEY
MINNESOTA. AM�NDING T�IE CITY CODE TO INCLUDE A NEW
CHAPTER 409. ENTITLED "FRANCHISE FEES:"
Mr. Burns, City Manager, summarized the proposal and addressed the definition of
customer categories. The proposal for the franchise fee would levy what amounts to a
sales tax on the utility bills provided by both Minnegasco and Northern States Power
Company (NSP). For residential customers it would be a three percent (3%) sales tax that
would cost an average of $36 per year for both utilities. For about ninety percent (90%)
of the commercial and industrial customers there would be a flat rate charge costing them
about $13 per month. For a majority of the commerciaVindustrial customers it would
cost a couple of dollars per month. The revenues that would be acerued to the City as a
result of the franchise fee would ai:zount to about $716,000 per year.
Mr. Burns stated that franchise fees are needed to balance the General Fund budget. The
City had been gradually taking more money from fund balances. For the last six years
the City has spent more than what it took in. Part of the reason was that over the last few
years the City has added many new programs.
The City has added five police officers and was anticipating adding a sixth one in the year
2000. The City started a housing inspection program. There are a lot of other items, as
well, that the City has instituted in the last six years that represent considerable new cost
to the General Fund budget without offsetting revenues.
The franchise fees are needed to offset the state's changing definitions of property tax
classifications. The r:ioney wou�d give some flexibility to address future issues and
problems. It would also help to expand corridor maintenance over Highway 65, improve
streetlights, and it would help to keep the City from drawing on balances for street
reconstruction. Other things on the future horizon are: additional fire equipment and
additional public safety personnel.
The franchise fee would give the City more tax diversity ihan a property tax increase. It
was incremental in nature. Mr. Burns felt it was easier to pay a couple of dollazs per
month on a utility bill than pay $50 or so for property taxes. The franchise fee would
CITY COUNCIL MEETING OF JULY 26,1999 PAGE 16
apply to all property. Since all_properties are users of the services of the City it would
enable the City to capture some of the costs of the services.
The definitions of customer categories have been updated with the addition of Subsection
3 to Chapter 409 of the proposed ordinance. The customer categories are subject to
change, and the City has defined those categories., as those established by the two utility
companies and approved by the Minnesota Public Utilities Commission. The definitions
are available upon request at the Municipal Genter. They will be posted on the City's
Internet site for public inspectian.
The definition of a residential customer, as defined by the utility companies, was a
customer who lives in a private residence and is served by a separate electric meter.
Definitions of commerciaU industrial customers are based on the amounts of energy used
which was a simple matter of determining.
Mayor Jorgenson stated that she received many of telephone calls from residents trying to
determine where they fit for customer categories. The residents called the utility
companies and were told by the customer service representaiive of Minnegasco or NSP
that they needed to ask the City. Mayor Jorgenson stated that she wanted to make sure
the Minnegasco representative was aware of that. The information was on the gas bill on
the lower portion of the bill. She stated that the City was trying to diversify the tax base
in Fridley to be able to provide better services. That was why the City decided against
raising property taxes.
Mayor Jorgenson stated that she received a copy of the annual summary .that Mr. Richard
Harris referred to earlier. She explained that one of the largest components was for the
Fridley Housing and Redevelopment Authority (HRA). Their budget of $10 million was
included in the auditor's report.
Mr. Harris stated that when a report was published like the one in Focus News, the City
should tell the residents where that money was, who had it, and what was happening to it.
Councilmember Bolkcom stated that besides putting it in Focus News, it could also go in
the City newsletter. She stated that there were questions about why the money for the
franchise fee was going to Minnegasco and NSP. She thought the City could explain
what the HRA does and what the benefits are.
_
Mr. Burns stated that one of the advantages of the franchise fee would be that the City
would not have to bear the cost of collecting the fee. The City might be able to earn a
little bit of interest on the fee to off-set their costs because the fees would be collected on
a monthly basis. The City does not have access to Minnesgasco or NSP customer files so
the money would have to go directly to the utility companies.
Mayor Jorgenson stated that she received a lot of telephone calls from Fridley residents
asking Council not to raise the property tax. Residents felt they were going to be taxed
right out their homes. The franchise fee would be based on personal consumption of
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 17
electricity and gas. If a resident were a single person living in his or her home they
would probably not consume as much as another resident would with a bigger house
and/or a bigger family.
MOTION by Councilmember Barnette to receive a letter from Independent School
District 14. Seconded by Councilmember Wolfe.
UPON A VOICE VOTE, ;ALL . VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
The letter was received July 19, 1999 from Dr. Mary Ann Nelson, Superintendent, with
regard to the school district's concerns about the franchise fee.
Mayor Jorgenson stated that the City was trying to address the citizens' needs and
concerns. Fridley's population was aging. She said that roads need to be replaced, and
stores need to be replaced. The primary reason for the franchise fee was to help cover the
costs without direct assessment.
Mayor Jorgenson thanked the audience for attending the meeting. The public hearing on
the franchise fee was held two weeks ago, but members of the audience would have the
opportunity to speak this evening.
Mr. Hank Melcher, 6�00 Pierce Street, stated that his concern was that the City was
changing the whole philosophy ef taxation. He felt that as a homeowner he did not object
to a higher property tax; however, he objected to the fact that what the City was trying to
do was to move the tax base out to a sublime area where the City did not know how much
tax revenue would be generated to the secondary tax. He was also concerned about the
double tax for the schools and churches.
Mr. Melcher asked if citizens would also have to pay a franchise fee on garbage haulers.
He said he thought the City wa.s screwing up with the little niches of having a pot here
and a pot there and that the City has a potpourri of all kinds of neat stuff out there that
was not funded. He stated the City should be up front with the citizens and say that it
was money the City needed, to avoid getting into the reserve fund, which is unacceptable.
He stated that he would rather have his property value taxed.
Mayor Jorgenson stated that it was the legislature that came up with the franchise fee on
the electric and gas utilities in order to help the citizens diversify their tax base. The
legislature was redoing the tax system as we know it.
Mr. Melcher said the entire tax system was being diffused. He felt that paying property
t� was his contribution to helping run city government.
Mayor Jorgenson stated that the legislature tinkers with the funding formula. When they
do that, the City ends up having the shortfalls of funding. The City was constantly
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 18 �
playing catch-up trying to figure out how they could continually balance the budget,
never knowing for certain what the City was going to be paid.
N1r. Melcher asked if the City had to do an audit function for the City to figure out what
NSP and Minnegasco were paying the City.
Mayor Jargenson stated that there would be some auditing procedures. The maximum
that the percentage fee could go up in twenty years was one percent.
Mr. Melcher stated that he thought the City was opening the door for taxation in other
places.
NIr. Burns said the State legislature did not permit the City to do that.
Mr. Melcher thanked Council.
Cou�cilmember Wolfe asked for clarification on taxing the schools.
Councilmember Billings stated that it was a mechanism to collect revenues to collect
money from some of the sources that are receiving services from the City but are not
paying anything to the City at the current time.
Councilmember Bolkcom stated that another example of where the City was giving back
to the schools was by providing a police officer for the school.
Mr. Burns stated that the franchise fee would generate $716,000. The City probably
could not raise that amount of money through additional property taxes.
Mr. Edwin H. Sevorsky, 491 61S` Avenue, stated that he was against the franchise fee. He.
asked how long the three percent (3%) franchise fee was going to last.
Councilmember Barnette stated that the franchise agreement could only go up one
percent (1%) in the next twenty years.
Mr. Sevorsky stated that he was paying six and one-half percent (6.5%) already on his
gas and electric bill. He felt that payment was already his three percent (3%).
Mr. Barnette stated that it really was not�that much of an addition. It was a reasonable
way to do generate funds but was not too intrusive.
Councilmember Bolkcom stated that the City would have to hold a public hearing in
order to increase the franchise fee.
Mr. Lenny Brandt, 190 Craigbrook Way, asked how the franchise fee would affect
churches.
■
CITY COUNCIL MEETING OF JULY 26.1999 PAGE 19
i
.
Mayor Jorgenson stated that churches would be subject to it also. They pay sales iaxes
just like members of the public.
Mr. Brandt stated that this way people would be paying double tax far schools and
churches. He felt the schools and churches should be excluded.
Mayor Jorgenson stated that people from other cities use the schools and church services
in Fridley.
Mr. Leslie Coyle, 6271 Sixth Street, has lived in Fridley for forty yeazs. He felt the _
homeowners and the little guy were responsible for paying: the bill versus-the big
businesses.
Mayor Jorgenson stated that the big businesses like Medtronic are paying more property
taxes than all of the members in the room. The only assistance Medtronic was getting
was parking ramp assistance from the HRA. That was a separate taxing jurisdiction.
Single family homeowners are not being taxed for that development. The money coming
from that development would come from the increase in property value and would be
reused on that property.
Mr. Donald Giorgio, 185 Craigbrook Way, stated that he did not want the Springbrook
Nature Center to be built. He suggested that the residents of Fridley be able to get in to
the Springbrook Nature Center free of charge, but hav� non-residents pay of $3 or $5 per
person, so they are paying a tax and not the residents.
Mayor Jorgenson stated that she probably would have to pay someone $40,000 a year at
the Springbrook Nature Center to collect the admission as tax. She stated that the City
has looked at keeping the Springbrook Nature Center open only a portion of the day
versus 24 hours a day.
Mr. Giorgio stated that he thought sixty percent (60%) of the people who use the
Springbrook Nature Center were not from the City of Fridley. He said he is tired of
paying $250,000 per year for the Springbrook Nature Center.
Mr. Gary Brisbin, 7560 Brigadoon Place, stated that this was a very complex and difficult
situation. Taxes, of course, are the price people pay for civilization. He thought that
Council was doing a great job dealing with the situation. The public might disagree with
Council and think they could have done it better. Nonetheless, Council has 'really
struggled with the issue. He thanked Council for listening to the public all night.
Mayor Jorgenson thanked Mr. Brisbin.
Mr. Richard Harris, 6200 Riverview Terrace, stated that the City's basic problem was that
the tax base was too narrow. A study was done previously when he was involv�d with
the City. Before the City took on the great River Road Park and one other projec�, they
found that less than 34 percent of Fridley land was being taxed. He suspected it v��s less
CITY COUNCIL MEETING OF JULY 26.1999 PAGE 20
now. There were large tracts of land that paid no property taxes, and there was a large
tract of land that was administered by the U.S. Navy that pays no property tax. -
Mr. Harris stated the City of Fridley tried to levy taxes against the City of Minneapolis
Waterworks but was unsuccessful because Minneapolis is considered a city of the First
class by the State of Minnesota, while Fridley is considered a city of the Second class. A
Second class city cannot levy taxes against a First class city.
Mr. Harris stated that Burlington Northern Railroad, who. has large chunks of land, pays
four percent (4%) gross earnings tax to the State of Minnesota. He stated that he felt the
legislative session did not do the City of Fridley any favors: He said he understood the
franchise fee was going to tax everybody including the U.S. Navy.
Mayor Jorgenson stated that was correct.
Mr. Harris stated he wanted to be in attendance when the City attempts to collect the bill
from U.S. Navy, the City of Minneapolis and Anoka County.
Mayor Jor�enson confirmed that everybody pays taxes.
Mr. Harris stated he asked the representative from NSP if someone would be taxed if
their billin� address was not within the City of Fridley. Mr. Swintek said he would get
back to him about that. Mr. Harris stated that he thought there were basic #laws in the
ordinance. He thought a lot of people would fall through the cracks.
Mr. Harris stated that he thought machine shops would hit the limit for the franchise fee
because it takes a lot of energy to get the motors running. He stated that the franchise fee
t� was by meter, not by individual owner.
Mr. Billings stated that according to NSP, there are only thirteen users that would hit
$150 dollars.
Mr. Burns stated that ninety percent (90%) of the customers would be paying less than
$13.00 per month. There were also safeguards to make sure that the smaller users in the
larger categories did not pay exorbitant amounts of franchise fees. Mr. Burns suggested
that Mr. Harris come in to the Municipal Center to meet with him.
Mr. Burns stated that some single entities do liave multiple meters. They would pay the
flat fee which, for the most part, would be a couple of dollars a month.
Mr. Harris stated that with the school district paying $10,000 for the franchise fee it
would not be fair because that is one entity with multiple meters.
Mr. Burns stated that you could start eliminating the meter concept, then they would be
paying three percent (3%) of their total bill.
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 21
Mr. Harris stated that it appeared the franchise fee was going in because of Medtronic.
He thought the extra police officers were being paid with federal money
Mr. Burns stated that the City does have some grant money for police officers. The one
starting next year will have federal money that will provide a large part of the salary for
three years. The City has budgeted approximately $8,000 for the police officer starting
next year.
Mr. Harris asked if the City would be tallcing about this tax if the Medtronic building had
not been built.
Mayor Jorgenson and Mr. Burns both answered in the affirmative.
Mr. Harris stated that he would be very surprised if Medtronic was not up and paying its
own way within five to seven years.
Mr. Burns stated that he thought, overall, the City would benefit very well from
Medtronic.
Mr. Harris stated that the whole property tax thing was smoke and mirrors.
Councilmember Barnette stated that Mr. Harris raised a lot of good questions, especially
the one regarding the billing address for the franchise fee.
Mr. Harris stated that he was not against the Springbrook Nature Center or parks, but it is
a very expensive system. He thought Council should be up front with folks, and tell them
where their money is going.
Mayor Jorgenson thanked Mr. Harris for bringing up some very good points.
Mr. A1 Swintek, Reliant Energy/Minnegasco, apologized for any confusion regarding the
customer service department not being able to answer residents' inquiries. He stated that
classifications of customers was something that should be very easily answered, but if
someone asked the question regarding what the franchise fee was associated with that rate
class, it was possible that the customer service representative did not laiow that
information. The fees in the ordinances may be where the breakdown occurred. Mr.
Swintek said he would follow up with the customer sereice department.
Mr. Harris asked what the City would do if the U.S. Navy and the City of Minneapolis
refused to pay. Minneapolis is First class, and a city of the Second class cannot levy
taxes against a city of the First class.
Mr. Knaak stated that those distinctions are not meaningful anymore. Fridley is a charter
city, and that is the only distinction.
CITY COUNCIL MEETING OF JULY 26 1999 PAGE 22
Mr. Thies, NSP, stated that the telephone agents would provide the accurate customer
classifications for any customers calling in. They could also call Mr. Thies directly at
612-493-1631.
Mr. Swintek stated that the telephone number to call Minnegasco for any questions would
be 612-321-4727. Mr. Swintek's direct. number is 612-321-4799, if there are any
problems.
Mr. Swintek stated that it is really helpful to have account numbers handy when
customers call.
Mayor Jorgenson asked if any other members of the audience had any comments.
No other persons in the audience spoke.
Mayor Jorgenson stated that they would be taking a vote on the first reading, but the
results of that vote did not mean tr�at if it passes, the frar�chise fee would remain as it was.
Council would continue to look for additional information regarding the questions of
mailing addresses and multiple meters.
Councilmember Bolkcom stated that Council would be watching the franchise fee very
closely to see what kinds of issues they have and what kind of revenues were generated.
Councilmember Wolfe asked if there would b� any gossible changes in the franchise fee.
Mr. Burns stated that at this point there would not be any more changes. He said he
would be very happy to look at what Mr. Harris brought up.
MOTION by Councilmember Bolkcom to approve the first reading of an ordinance
amending the City Code to include a new Chapter 409 entitled "Franchise Fees."
Second�d by Councilmember Barnette.
UPON A VOICE VOTE, AI:L VOTING AYE, MAYOR JORGENSON
DECLARED THE MOTION CARRIED UNANIMOUSLY.
INFORMAL STATUS REPORTS
Councilmember Bolkcom stated that a letter would be mailed this week regarding the
Craig Way area signs stating that there would be a meeting at 7:00 p.m. on August 4 at
the Municipal Center. She will be there as well as Mark Daily, from Anoka County.
Councilmember Billings stated that on Tuesday, Wednesday and Thursday of this week
there would be a series oi meeY�ngs on the commuter rail project. The public meeting
will be at Fridley Municipal Center Thursday on July 29 from 4:00 p.m. to 7:00 p.m.
0
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CITY COUNCIL MEETING OF JULY 26,1999 PAGE 23
ADJOURN:
MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by
Councilmember Wolfe.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON
DECLARED THE `MOTI�ON G�RI2IED UNANIMOUSLY AND THE JULY 26,
1999 MEETING "OF THE 'F�tIDL�Y CITY COUNCIL WAS ADJOURNED AT
11:32 P.M.
Respectfully submitted,
Signe L. Johnson
Recarding Secretary
Nancy J. Jorgenson
Mayor
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CfTY OF
FRIDLEY
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 9, 1999
William W. Burns, Crty Manager
Barbara Dacy, Community Development Director
August 5, 1999
First Reading of Ordinance Declaring Property Excess, Lots 9 and 10, B1ock N,
Riverview Heights
The owner of 571 79th Way has inquired about purchasing a portion of the City owned property �
immediately to the west of their property. The City acquired lots 9 and 10 in 1996 via the taac forfeit
process. It is proposed that Lot 9, or about 25 feet, would be conveyed to the property owner to the
east (the Holman's), and the City would retain Lot 10 as part of its land azea for the recent storm
water improvement project in Riverview Heights. In order to convey Lot 9, the City has to pass an
ordinance declaring the property excess and authorize the Mayor and City Manager to execute the
appropriate documents. First reading of the ordinance is recommended in order to°initiate the
process.
In the meantime, staff is working with Anoka County and the City Attorney regarding the transfer of
the property. The deed from the State of Minnesota to the City may be "restricted" meaning that the
parcel can only be used for a public purpose. If that is the case, the City cannot convey the property
to another owner for a non-public purpose. In the alternative, staff is suggesting the City convey the
property to the Fridley HRA who would then convey Lot 9 to the Holman's, and convey Lot 10 back
t� the City. The City Attorney has suggested that the County approve this approach in order to insure
that the conveyance is proper. Staff has written a letter to Anoka County on August 5, 1999 to
request their determination. A response is anticipated prior to second and final reading of the
attached ordinance on August 23, 1999.
RECOMMENDATION
Staff recommends the City Council approve the attached ordinance for first reading.
��.�
M-99-185
.
1
ORDINANCE NO. 1120
AN ORDINANCE UNDER SECTION 12:0'b:'�F THE-CITY CHARTER
DECLARING CERTAIN REAL ESTATE T�J:'>>BE;'SURPLUS'AND AUTHORIZING
THE SALE THEREOF.
SECTION 1. The City of Fridley is the fee ow�er of the tract of
land within the City of Fridley,:Anoka:County, State
of Minnesota, described as follows;:
Lots 9 and 10,. Block N_Riverview Heights, according to
the plat thereof on file:'and of record in the office
of the County;Recorder in and for Anoka County,
Minnesota.
All lying i� Sect?on 3, Township 30, Range 24, City of
Fridley, County of Anoka, State of Minnesota.
Section 2. It is hereby determined by the City Council that the
City no longer has any reason to continue to own said
property, and the City Council is hereby authorized to
sell or enter into a contract to sell said property.
Section 3. The Mayor and City Clerk are hereby authorized to sign
the necessary contracts and deeds to affect the sale
of the above-described real estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9�
DAY OF AUGUST, 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
First Reading: August 9', 1999
Second Reading:
Publication:
2
NANCY J. JORGENSON - MAYOR
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QTY OF
FRIDLEY
TO:
FROM:
DATE:
AGENDA ITEM
CITY COUNCIL MEETING OF-AUGU���, 1999
William W. Burns, City Manager
Barbara Dacy, Community DevelopmentDirector-._ . ,
August 5, 1999
SUBJECT: Approve Resolution Containing Correct Legal Description for Vacation #99-01
On May 24, 1999, the City Council approved the Resolution regarding the vacation of Carrie Lane,
Quincy Street, and Jackson Street. The legal description conta.ined in the resolution was missing a
phrase of the correct description that was on the submitted survey. Anoka County staff discovered
the missing phrase when the resolution was submitted for recording. The attached resolution contains
the correct description.
RECOMMENDATION
Staffrecommends the Council adopt the attached resolution.
: � . ..
.. :.
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5
RESOLUTION NO.
A RESOLUTION APPROVING A VACATION, SAV #99-01, VACATING A PORTION OF
CARRIE LANE, QUINCY STREET, AND JACKSON STREET
WHEREAS; the Planning Commission held a public hearing on the vacation, SAV #�99-�1; an
April 7, 1999, and recommended approval to vacate:
That part'of Carrie Lane, Quincy Street, and Jackson Street as was dedicated in-the plat �:
of DONNAY'S LAKEVIEW MANOR ADDITION, accord� g rom the ou heast cotrne�r of
Anoka Co�nty, Minnesota, lying southerly of a hne dra
Lot 1, Block '!0, said DONNAY'S LAKEVIEW MANOR ADDITION,°to thesouthwest -
corner of Lot 16, Block 6, said DONNAY'S �o ner of Lot 2O a dDB oITID6, �DONNAY'S'
southerly of a line drawn from the southeast c
LAKEVIEW MANOR ADDITION, to the southwest comer of Lot 9, Block 5, said
DONNAY'S LAKEVIEW MANOR ADDITION.
WHEREAS, the Ciry Council at its May 24, 1999, meeting approved the vacation request with
stipulations attached as Exhibit A; and
WHEREAS, the vacation request�hlaSCharter and Chapte�r205 of he F d'ley City Code tes and
p u r s u a n t t o S e c t i o n 1 2. 0 7 o f t h e t y
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley, Minnesota,
hereby approves the vacation, SAV #99-01, and authorizes the City Clerk to amend Appendix C
of the City Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS gr"
DAY OF AUGUST, 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
�
NANCY J. JORGENSON - MAYOR
EXHIBIT A
1. The petitioner shail reconstruct Carrie Lane as shown in Exhibit B, with the
understanding that the north curb line of Carrie Lane is 20 feet from the north lot line .
and the petit�oner installs a row of .trees along fhe north lot line.
2. The petitic�ner shall convey the land to the City necessary for the Carrie La�e ::=
reconstruction and on the plat, dedicate 66 feet of right of way for reconstructed Carrie
Lane.
3. The petitioner shall submit a final landscape and irrigation plan to be approv�d by the .. ,
City prior to issuance of the first building permit.
4. The petitioner shall submit a final constriction plan to the City_Engineering D�partment _
for review and approval prior to demolition of existing Carrie Lane.
5. The petitioner shall maintain the vegetation contained in the outlot south of the new
Carrie Lane right of way.
7
TO:
FROM:
DATE:
SUBJECT:
City of Fridley
William W.:Burns, :C:ity Manager
John G. Flora, Public Works Dire.ctor
August 9, 1999
Moore Lake Aerator Agreement
PW99-141
The current aerator on the east basin of Moore Lake consists of a fiberglass bag which is deteriorating. As a result,
we have contacted the DNR Fishery Division requesting funds to replace the aerator in accordance with our aerarion
system for the fish population and winter survival.
We have received an agreement from the DNR Fishery Division providing up to $15,000 matching funds for the
aeration system of Moore Lake. The agreement requires a 50/50 City match and is focused on the aeratar for the
hypolimnetic aeration system.
In the 2000 budget, we have identified $30,000 for the aeration system of both the east and west basin. Accordingly,
there are funds available to match the DNR grant.
As a means of obtaining the DNR funds, request the Council adopt the attached resolution authorizing the execution
of the DNR agreement.
JGF:cz
Attachment
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�pF F
c� � -�
PUBUC INORKS
MEMORAN':DUM °:
TO: John Flora, Director of Aublic Works
FROM: Paul Lawrence, Superintendent of Public Works
DATE: July 2'9, 1999
SUBJECT: Aerator East Moore Lake
Dave Lindquist has been notified that the City's request to the DNR Fisheries Division for
matching funds to replace the aerator in East Moore Lake has been approved for matching
monies up to $15,000. The DNR Fisheries Division has set the following stipulations:
l. The City Council approves a resolution accepting the grant monies and conditions based on a
fifty-fifty match up to $15,000 DNR contribution.
2. The aerator must be a hypolimnetic type system.
3. DNR Fisheries shall approve all plans.
4. Obtain a DNR Fisheries permit to install.
5. Allow State and Federal agencies to inspect during installation.
6. Hold DNR hannless.
7. Properly maintain and operate system.
8. Obtain annual permit to operate system.
The estimated total construction cost is $30,000, requiring the project be advertised for
competitive bids. City staff should be able to prepare the necessary plans, specifications and bid
documents.
The DNR funds are currently available, but apparently aren't dispersed until after the expenditure
occurs, in this case one payment at the end of construction.
The next step is for the City Council to accept the grant with the DNR stipulations. T'he
proposed 2000 City Budget contains a request for $30,000 to replace the East Moore Lake
aerator and to replace the pump in the West Moore Lake aerator.
�
RESOLUTION NO. - 1999
RESOLUTION APPROVING THE AGREEMENT WITH THE DEPARTMENT OF
NATURAL•RESOURCES FOR THE REPLACEMENT OF THE EAST MOORE LAKE -
BASIN HYPOLIMNETIC AERATOR
WHEREAS, the East basin of Moore Lake has'had'a hypo3imnetic aerat:o.r to
provide oxygen for the fish habitat, and .
WHEREAS, this hypolimnetic aerator:.:is:deteriorating: beyond effi:c:ient
use, and
WHEREAS, the State provides funding for =lake improvement projects
undertaken by the Minnesota Department of Natural Resources, Section of
Fisheries, and - -
WHEREAS, it has been determined by the Section of __Fisheries- that the
installation, operation and maintenance o£ a hypolimnetic aeration
system will benefit the lake environment and-the-fish therein, and
WHEREAS, the Department of Natural Resources will contribute up to
$15,000 matching funds for the replacement of the hypolimnetic aeration
system, and
•r1HEREAS, the City is interested in maintaining the fishery-habitat in
the Moore Lake basin.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the City of
Fridley, Anoka County, Minnesota, the Mayor and City Manager execute the
Department of Natural Resources agreement for the replacement of the
east Moore Lake basin hypolimnetic aerator system.
PASSED AND ADOPTED BY THE CITY COUNCIL OF" TI�E CITY OF FI�2IDLEY fiHIS` 9TH
DAY OF AUGUST, 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON, MAYOR
10
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STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
AGREEMENT
THIS AGREEMENT is made and entered into between the:�tate`of Minnesota,
acting by and through its Commissioner of Natural �Resources, -hereinafter-referred to as
"DNR", and the City of Fridley, actingby and through its Department of Public Works,
herein referred to as the "City":
WHEREAS, Minnesota Statute §97A.065, Subdivision 3, provides for State
funding of lake improvement projects undertaken by the Minnesota Department of
Natural Resources, Section of Fisheries; and
WHEREAS, East Moore Lake, located in the City of Fridley in Anoka County,
provides habitat for fish, but is adversely affected during some winter seasons by oxygen
depletion; and
WHEREAS, it has been determined by the Section of Fisheries that the
installation, operation and maintenance of a hypolimnetic type aeration system will
benefit the lake environment and the fish therein; and
WHEREAS, the City has passed a resolution and applied for a C.O.R.E.
(Cooperative Opportunities for Resource Enhancement) Project, pursuant to Minnesota
Statute §97A.065, subdivision 3, to share the cost of an aeration system in East Moore
Lake.
.
11
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NOW THEREFORE, it is agreed by and between the parties hereto:
I. The City shall:
(A) 'Arrange the removal of the existing aeration system and installation o€the
hypolimnetic type aeration system for East Moore Lake.
(B) Prior to purchase and installation, submit to the DriR-Section of Fisheries
: far final approva! all plans and specification of the aeration system. :
(C) Prior to commencing construction and after all plans and specifications
have been approved by the DNR-Section of Fisheries, obtain a permit from
the DNR, Division of Waters, for work in public waters.
(D) Allow the State and Federal Government, by personnel of the Department
of Natural Resources and the U.S. Fish & Wildlife Service, to inspect the
aeration system during and after construction in order to determine
compliance with plans and specifications, permit conditions and proper
aperation and maintenance.
(E) Indemnify, protect and hold the DNR harmless from all claims or liability
for any damages, injury or death to any persons or property resulting from
the City's negligence in the operation, management or maintenance of the
aeration system.
(F) Perform the work required to properly maintain and operate the aeration
system and assume the utility charges required for operation.
Y
� �
� (G) Obtain a permit from the DNR-Division of Waters to operate the aeration
system prior to the beginning of each operating season.
(H) Provide a copy, to the DNR, of the resolution by the City Council
authorizing execution of this agreement
II. The DNR shall:
Reimburse the City for 50% of the design, purchase and installation costs relating ... �_.
to the aeration system except that in no event shall this reimbursement exaeed $15,000.
The City's administrative costs shall not be reimbursed.
Payment to the City shall be made starting 30 days after commencement of
construction and every 30 days thereafter, each payment to reimburse the City for costs
- incurred to date but not yet paid by the DNR. Each �such payment shall be contingent
upon the City submitting to the DNR a current progress report and all invoices and
records of costs incurred. All such payments shall be subject to final approval by the
I� '
III. Effective Date and Cancellation
This agreement shall be effective on the date executed or when executed as to encumbrance
by the Commissioner of Finance, whichever is later. This agreement shall be perpetual
unless either party wishes to terminate. Either party may terminate this agreement at any
time, with or without cause, by providing 30 days written notice of termination to the other
party.
�
13
IV. Special Provisions
(A) All work undertaken pursuant to this agreement shall be subject to Minnesota
Department of Finance rules and procedures, and the laws of the State of Minnesota.
The books, records, documents and accounting procedures and practices of the City
relevant to this Agreement shall be subject to examination by the DNR and the
legislative auditor..
(B) Nothing in-this agreement shall be construed as obligating the DNR to expend money
i� �xcess of appropriation authorized by the lavtir and �dministratively allocated t� this
agreement.
(C) This agreement shall not be assigned without prior written approval of the DNR and
the C ity.
(D) Each party agrees that it shall be responsible for its own acts and omissions and results
thereof to the extent authorized by law and shall not be responsible for the acts and
omissions of the other party and the results thereof. DNR's liability shall be governed
by the provisions of the Minnesota Tort Claims Act, Minnesota Statute §3.736, and
other applicable 1aw. The City's liability shali be governed by the provisions of the
Municipal Tort Claims Act, Minnesota Statute Chapter 466 and other applicable law.
14
.
DEPARTMENT OF NATURAL RESOURCES
By
Title
Date
COMMISSIONER OF ADMINISTRATION
By
Title
Date
Approved As To Form And Execution
Hubert H. Humphrey III
Attorney General
TOM O'HERN
Assistant Attorney General
Date
CITY OF FRIDLEY
By
Date
CITY OF FRIDLEY
By
Date
Approved As To Form And Execution
By
Date
* Certified copy of resolution to execute this agreement
to be attached to this document.
15
Parks
Sireets
Malntenance
City of Fridley
TO: William W. Burns, City Manager : PW99-140
r
FROM: John G. Flora, Public Works Director..:.. -
Jon H. H!� s, Assistant Public Works Director ..
DATE: July 30, 1999
SUBJECT: Change Order No. 2: Riverview Heights Street Improvement Project No: ST 1999 = 1
We will be bringing Change Order No. 2 for the Riverview Heights project to the City Council on August 9, 1999.
All items are related to underground utility and soil correction problems found during construction. These items were
unidentifiable during design.
The major items involved are: a 2-foot-deep soil corrective subcut on Broad Ave from Buffalo St. to Fairmont St.
for approximately $33�,000; repair to broken and root infested sanitary sewer services for approximately $11,250.00;
and the removal of miscellaneous rubble from the 1965 construction of the berm on Riverview Terrace for
approximately $8,500.00. Other items for sanitary, storm and water repairs totaled $31,823.83.
$2,200,000.00 was budgeted for this project from the Street and Water Utility Funds. The current contract amount
is $2,048,029.75. Change Order No. 2 is in the amount of $84,573.83 for a revised contract amount of $2,132,603.58.
Recommend the City Council approve Change Order No. 2 to the Riverview Heights Improvement Project No. ST
1999 - L
JHH/JGF:cz
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0
J
.
CITY OF FRIDLEY
ENGINEERING DEPARTMEt�f�� '� '
6431 UNIVERSITY AVENUE N.E ' ' � . ::
FRIDLEY, MN 55432 �
August 2, 1999
Park Construction Company
7900 Beech Street NE
Minneapoiis, MN 55432.17g5
SUBJECT: Change Order No.2, Riveniievu Heights-Street Improvement5, F?roject No. 1999-1
Gerrtlemen:
You are hereby ordered, authorized and instructed to modify your Contract far the Riverview Heights St�eet
improvements, Project No. 1999-1 by adding the work on the attached sheets.
Item No. Oe�cription Unit linit Price Quantiry Total
1 Sanitary Sewer Services � ��� � �..,.. ,.,. _ _ _ _ _ _ _ _
P
4
s
s
� Box
on V
holes
run.,
76
5
i
1
.11
--. . __........ �.J. �s�.o� , $sas.so
� Septic System and Remove Watermain
........ .__._...__. ......._._ ..................._........_..___._..............._......_.._......___.._._._._.._
„„_.._� _.,, Furnish and Instal� Valve Box EACH ��`""""' "'"
................... ....... __.�..__...._...
-.._ . ............_ ......__.._. ..........._.._.._........ $81.67 3 $245.00
8 Rebuild Valve Box _......-__.._._.._.._......_.._......_......_.._...._..._..._.�.._._..
EACH ........................._._ _..._.._.
......................._...__._......__._................_.._.._...._.................... $102.50 1 $102.50
.._... g ..... Soil Cor�ect Hydrant ..__.....�...�.»........... �EACH � � ............... .�..
.._ ..1 O. ..�Xpose Existin ....S .�.. ....... .._.._.._ ._....._._.._.._.__......... ...r $570.84 ...._._.__... 1 .....� ��'70.84
_. ,..., , g anitary Sewer Line �L.S.� ��$400�00
..�Yr11 .... �Furnish and�lnstall Sanitary�Sewer Manhole..�Y.........L S.. _....._.___.. � �$4�.�
. ........ .. ..._....... _
.......... ...................._ ......_..._.......__......._
$3,786.72 1 � �$3 786 72
12 Furnish and Install 48" .............._.._.._............._.._____.M......................._.........................._..._.._..�_......:....�..
........_..........._....._..._.........._......_.._............ RCP CI IV 7.5o Bend L.S. $5,315.36 1 $5.315.36
...........�....___.._.___......._ ................................................_........._.........�......................._........__..........
13 Geotextile Fabric Under Riprap So YD $3.25 360 $1,137.50
......................................._..._..._...._...�......._.....».................._._....._.._.._.._.._...._...._...................................._............_..._....._.
,,,,,, 14 Exchange Clay San. Line w/DIP& Pipe Cradle LS $3,952.40 �
__.. 15. .... Hauled Rubble Off-Site�.__....._____.._.... ...____.._.._..__.. .__............ 1 _ �3,�952.40 �
_» _�16_..._ �Remove �and�Reinstall 72'�R .............._"_."...'.°.._."_ LS � $8.500.00 ..............�...1. ..$8:500.00 �
.......... _...____._... .......__......
. CP lS $4,919.00 °i.._._._...._.�._._..
.._ ...... ...... ............ _. $4.919.00
.... . _......_. __._._.__...._...�......._ ....................._.
17 Subcut Various Areas ••••••••••••••••-_••_••••-..•_......„......_......_.._. _....._.._..........
CU. YD $10.00 3,300 $33,OOO.pp
,,,,,, (Cheryl, Dover, Ely and Fairmor►t)
.18. �.Riveniiew Manhole�Reconstniction� ..�_.�..'..._..".....EACH� •--.""...'" .
._$6b0.00� -.5�. $3,250.00
Total for Change Order #2
$84,573.63
TOTAL H E ORDERS:
Original Contract Amount .............. ....$1,969,634.75
.....................................................
Contract Additions- Change """""""'
Change Order No. 1 ........................ .........................�"l8,395.00
.....................................
Change Order No. 2,,,,,,,,,,,,,,,,,,,, ..$84,57'3.83
................................................................
fl�YL�ED CONTRACT AMOUNT $ �,�� ���
17
Park Construction Company
Change Order No. 2
August 2, 1999
Page 2
Submitted and approved t� John G. Flora, Public Works Director, on the 2nd day of August, 1999.
Pre are byl v
J
�
Checked by
,
Fiora, P.E.
irector of Public Works
Approved and accepted this � day of � � 6 , 1999 by `
PARK CONSTRUCTIO(V COMPANY
��� _
Bob Imen, Superintendent
Approved and accepted this day of
:
, 1999 by
CITY OF FRIDLEY
Nancy J. Jorgenson, Mayor
William W. Bums, City Manager
�
,
TO: V�LIAM W. BURNS, CITY 1�AN�GERr �: �
FROM: RICHARD D. PRIBYL, FINANCE D�REC��R
SUBJECT: RESOLUI'ION AMENDING � RESOI�.UITON= l�i�: �0-L�98 4��:_
CONCERNING THE FINAL ROLL FOR T� RICE'" CREEK °°
BANK STABILIZATION PROJECT N0. 3A9 ASSESS�]T
DATE: Angust 3, 1999
Attached is a resoludon amending the special assessments for Gary and Marlene� Knight of 513
Rice Creek Tenace.
On November 9, 1998 The City of Fridley assessed the property at 513 Rice Creek Terrace for
$426.30 for the Rice Creek Bank Stabilization Project No. 309. This assessment should not
have been levied. The $426.30 should have been added to the assessment for Anoka County
Pazks. The Anoka County Pazks total assessment for this project should be $2;537.50.
The attached resolution amends the original resolution to reflect no assessment for the property
at 513 Rice Creek Tenace and the conect assessment for Anoka County Parks.
RDP/sf
Attachment
19
RBSOLUTION NO. _ - 1999
A RSSOLIITION AMi3NDING RBSOLIITIDN NO. 80-1998 CONC$RNING TH8
FINAL ROLL FOR THB RICE CRSBR BANR STABILIZATION
PROJBCT N0:` 309 ASSESa^M$NT.
WHEREAS, on November 9, 1998 the City Council passed Resolution
No. 80-1998_adopting the assessment for the Riee Creek Bank
Stabilization.Project Na: 3.09; and
WHEREAS, the property at 513 Rice Creek Terrace (PIN 14-30-24-
21-0055).=-was included in the roll with an assessment of $426.30;
and
WHEREAS, the actual assessment of $426.30 is to be paid by Anoka
County Parks.
NOW, THEREFORE,- BE IT RESOLVED, that the City Council of the
City of Fridley hereby approves the amendment of Resolution No.
80-1998 by removing the property at 513 Rice Creek Terrace from
the Rice Creek Bank Stabilization Project No. 309 assessment and
adding an additional assessment of $426.30 to the Anoka County
Parks assessment, brir_ging their total actual assessment to
$2,537.50.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF AUGUST 1999.
NANCY J. JORGENSON - MAYOR
ATTEST:
_...5�. ..� _
DEBRA A. SKOGEN -"`CITY CLERK `"
�
2� �
TO: WILLIAM �. BIJRNS; f'I�I'i� MANAGER
FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR
SUBJECT: RESOLUTI+O�N AMENDING __ RESOLUTION NO. 91-1998
CONCEItNING THE FINAL ROLL FOR THE HACKMANN
AVE/ HAC�:MANN CIRCLE IlV�ROVEMENT PROJECT NO.
_ ST 199&1 ASSFSSMENT
DATE: " Angust 3, 1999
Attached is a resolurion amending the special assessments for Gordon and Lois Ova of 1104.
Hackmann Circle.
On November 23, 1998 The City of Fridley assessed the property at 1104 Hackmann Circle for
$1,633 for their share of the Hackmann Ave/Hackmann Circle Improvement Project No. St.
1998-1. This assessment was based upon a charge of $11.50 per front foot with a front footage
of 142 feet. The Ova's actual front footage is 131 feet. Therefore their actual assessment
should be $1,506.50.
The attached resolution amends the original resolution to reflect the correct assessment for the
property at 1104 Hackmann Circle.
RDP/sf
Attachment
21
0
R$SOLUTION NO. - 1999
A R$SOLIITION AMFNDING R$SOLIITION NO. 91-1998 CONCBRNING TH8
FINAL ROLL FOR T88 HACRMANN AVB/FIACRMANN CIRCLS IMPROVSM$NT
PROJECT NO. ST 1998-1 ASSESSI�NT'..
WHEREAS, on November 23, 1998_the City_Council passed Resolution
No. 91-1998 adopting` the assessment for° the Hackmann
Ave/Hackmann Circle.I.mprovement Projec�_No. ST 1998-1• and
WHEREAS,�the property at 1104 Hackmann:Circle (PIN 24-30-24-24-
0069) was-included in the roll....:with an assessment of $1,633.00
based upon 142 Front Feet at $11.50 per Front Foot; and
WHEREAS, the property's' actual Front Footage is 131.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Fridley hereby approves the amendment of Resolution No:
91-1998 by reducing the assessment on the property at 1104
Hackmann Circle from $1,633.00 to $1,506.50.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF AUGU�T 1999. -
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
22
NANCY J. JORGENSON - MAYOR
�
L'
Y
�
TO: WII,LIAM W. BL�RN�, CITY MANAGER
FROM: RICHARD D, pl�ti8yi,, FINAN+CE DIRECTOR .
MECHELL TUROK, ASSESSMENT �CLERK : � .
SUBJECT: RESOLUTION D��GLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT ON
OSBORNE RD Il1�IPROVEMENT (OLD CENTRAL TO STINSOI�
PROJECT NO. ST.19945
DATE: August 3,1999
Attached you will find the resolution declaring cost to be assessed and ordering preparation of
proposed assessments for the Osborne Road Improvement (Old Central to Stinson Blvd)
Project No. ST. 19945. The final cost of this project is $505,902.32, and the affected
properties will be assessed $14,622.56 or $8.10 per-front foot.
RDP/mt
Attachment
23
RESOLUTION NO.
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
FOR OSBORNE ROAD IMPROVEMENT(OLD CENTRAL TO
STINSON BLVD.) PROJECT NO. ST. 1994-5
WHEREAS,"the costs for the Osborne Road Improvement (Old Central.-. _
to Stinson Blvd.) Project No. ST. 1994-5 have been determined to,
be $500,7.43-.07 for the contract price for such improvement and
$5,159.25 for expenses incurred in the making of such improvement
so that the total cost of the improvement is $505,902.32.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRI�LEY, -
MINNESOTA:
The portion of the cost of such improvement to be paid by the
City is hereby declared to be $47,846.70 �nd the portion..of the
cost to be assessed against benefited property owners-is declared
to be $14,622.56.
Assessments shall be payable in equal installments extending over
a period of ten years, the first of the installments to be
payable on or before the first Monday in January, 2000, and shall
bear interest at the rate of 6� percent per annum from the date
of the adoption o� the assessment resolution.
The Finance Director, with the assistance of the City Engineer,
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of
such proposed assessment in his office for public inspection.
The clerk shall upon the completion of such proposed assessment; -- -
notify the Council thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 9TH DAY OF AUGUST, 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
NANCY J. JORGENSON - MAYOR
24
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��. ��r � p �3::�,° �' �� � �
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OSBORNE ROAD IlVIFROV`EMENT PROJECT NO. ST.1994 - 5
(OLD CENTRAL TO STINSON BOULEVARD)
Estimated
Assessment for Actual
Concrete Curb & Assessment
Gutter Based on $8.10 per
Address , PLN No. Front Ft $11 Per Front Ft Front Ft
Duane Weisen 123024110033 - 1001 1,101.10 810.81
1682 0sborne Rd NE
Fridle MN 55432 ' `
Shawn Hill & C. Williams- 123024110037 100.06 1,100.66 810.48
1670 Osbome Rd NE
Fridley MN 55432
James & Janet Rudnitski 123024110038 100.06 1,100.66 810.48
1658 Osborne Rd NE
Fridle MN 55432
Douglas & Melissa Johnson 123024110047 98.46 1,083.06 797.52
716 Hwy 10 #113 1646 Osborne Rd
Blaine IvIN 55434
Delbert & Emma McLain 123024110048 106.77 1,174_47 864.83
1624 Osborne Rd NE
Fridle MN 55432
Donald & Betty Bourke 123024110049 Side 0.00 0.00
7645 Lakeside Rd NE
Fridley MN 55432
George & Ann Chilstrom 12302411U052 106 1,166.00 858.60
1578 Osbome Rd NE
Fridle MN 55432
MTS Inc 123024110079 100 1,100.00 810.00
P O Box 49595 1500 Osbome Rd
Blaine MN 55434
John & Debra Bernier 123024110088 100.05 1,100.55 810.40
1544 Osborne Rd NE
Fridle MN 55432
Robert & Paulette Lavone 123024110089 106.98 1,176.78 866.53
1564 Osborne Rd NE
Fridley MN 55432
Dwight & Leslie Stuart 123024110132 106.78 1,174.58 864.91
1586 Osborne Rd NE
Fridley MN 55432
I�l�:
OSBORNE ROAD IlVIPROVEMEIV3' PROJECT NO. ST.1994 - 5
(OLD CENTRAL TO STINSON BOULEVARD) (Continued)
Estimated
Assessment for Actual
Concrete Curb & Assessment
Gutter Based on $8.10 per
Address PIN No. Front Ft $11 Per Front Ft Front Ft
Benedict J Keen _ 12302411D134 100 1,100.00 810.00
1524 Osbome Rd NE
Fridley MN 55432
Howard & Tyyne Kersten 123024120035 Side 0.00 0.00
7698 Arthur St NE
Fridley MN 55432
Donald & Norma Ruffenach 123024120052 Side 0.00 0.00
7699 Bacon Dr NE
Fridl MN 55432
Four Star Realty Inc 123024120053 Side 0.00 0.00
7691 Central Ave NE
Fridl MN 55432
Chad & Stephanie Grell 123024120054 80 880.00 648.00
1328 Osborne Rd 1326-1328
Fridl MN 55432 Osborne Rd
Gordon & Jeanette Foizie 123024120055 75 825.00 607.50
1344 Osbome Rd NE 1344-42 Osbome
Fridley MN 55432
Gordon Illg & Kathy White 123024120056 75 825.00 607.50
1360 Osborne Rd NE
Fridle MN 55432
ACCAP-HUD Homes Tax Credit 123024120057 75 825.00 60750
1201 89'" Ave NE #345 1376 Osborne
Blaine MN 55434
John T. Nguyen 123024120058 75 825.00 607.50
1392 Osbome Rd NE
Fridle MN 55432
Edward & Vivian Blaido 123024120059 75 825.00 607.50
1400 Osborne Rd NE
Fridley MN 55432
Michael Kabitz/Kerri Lazson 123024120060 75 825.00 607.50
1412 Osborne Rd NE
Fridley MN 55432
27
�
OSaO�1�II3 �O�D 1�'�O�Tr iROJBCP� NO. � ST. 1994 - 5.� .. ,,, ...
. (�� �� Zb $1�$OH E��.��) (Continued)
Estimated -
Assessrnent for = Actual
Concrete Curb & Assessment
Gutter Based on $8.10 per
Address PIN No. Front Ft $11 Per Front Ft . Front Ft
Dameon Johnson 123024120061 75 825.00 60'7.50
1424 Osborne Rd NE - '
Fridley MN 55432
Shari Wilson 123024120062 75 825.00 - 607.50 -
1436 Osborne Rd NE
Fridley MN 55432
Bruce & Shazlyn Millam 123024120063 Side 0.00 0.00
7698 Bacon Dr NE
Fridl MN 55432
:�
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0
TO: WII.,LIAM W. BURNS, CITY MANACER '• _
FROM: RICHARD D. PRIBYL, FINANCE DIREC"i'OR a. .
MECHELL TUROK, ASSESSMENT CLERK �:
SUBJECT: RESOLUTION FOR PUBLICATI4N OF `I�ARING ON ��
OSBORNE ROAD IMPROVEMENT PROJECT NO. ST.19945
DATE: August 3,1999
Attached you will find the resolution directing publication of hearing on the proposed �sessment
roll for the Osbome Road Improvement Project No. ST. 19945 (Old Central to Stinson
Boulevazd).
The Public Hearing Notice will be published in the Focus newspaper on August 19, 1999 as
required by State Statute.
RDP/mt
Attachment
���
R$SOLUTION NO. , 1999
• RESOLIITION FOR HEARING ON PROPOSED ASSESSI�NT _-
OSBORN$ ROAD IMPROVEMENT (OLD CBNTRAL TO STINSON BLVD.)
PROJECT NO. ST. 1994-5
WHEREAS, by resolution passed by the Council on August 9.,;1999,:
the Finance Director was directed to prepare a proposed -
assessment of the Osborne Road Improvement (Old Central to
Stinson.Blvd.) Project No. ST. 1994-5,
AND WHEREAS, the Finance Director has notified the council that
such proposed assessment has been completed and filed;by -his
office for public inspection, `
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
A hearing shall be held on the 13th day of September, 1999 in -
the City Hall at 7:30 p.m. to pass upon such proposed assessment
and at such time and place all persons owning property affected
by such improvement will be given an opportunity to be heard
with reference to such assessment.
The Finance Director is hereby directed to cause a notice of the
hearing on tne proposed assessment to be published once in the
official newspaper at least two weeks prior to the hearing and
he shall state in the notice the total cost of the improvement.
He shall also cause mailed notice to be given to the owner of
each parcel described in the assessment roll not less than two
weeks prior to the hearings.
The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the
whole of the assessment on such property, with interest accrued
to the date of payment, to the City of Fridley, except that no
interest shall be charged if the entire assessment is paid
within 30 days from the adoption of the assessment. He may at
any time thereafter, pay to the City of Fridley the entire
amount of the assessment remaining unpaid, with interest accrued
to December 31 of the year in which such payment is made. Such
payment must be made before November 15 or interest wili be
charged through December 31 of the succeeding year.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS 9th DAY OF AUGUST, 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
30
NANCY J. JORGENSON - MAYOR
0
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice ishereby given that the City of Fridley City Council wili meet at 7:30 p:m. on
September 13, 1999 to consider, and possibly adopt, the proposed assessrr�er�t:for
the Osborne Road Improvement (Old Central to Stinson Bivd.) Project No.`'ST �994- '
5. Adoption by the council of the proposed assessment may occur at°the h�earing. -° ^
The proposed assessment roll is on file for public inspection at the Finance Office�: °
The total amount of the proposed assessment is $14,622.56. Wr�tten or oral
objections will be considered at the meeting. No appeal may be taken as to the ��
amount of an assessment unless a signed, written objection is filed with the clerk
prior to the hearing or presented to the presiding officer at the hearing. The council
may upon such notice consider an objection to the amount of a proposed individual
assessment at an adjoumed meeting upon such further notice to the affected
property owners as it deems advisable.
An owner may appeal an assessment to district court pursuant to Minnesota
Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of
the City within 30 days after the adoption of the assessment and filing such notice
with the District Court within ten days after service upon the Mayor or Clerk.
The City of Fridley has adopted Resolution No. 14-1995 deferring special
assessment payments for senior citizens. The City Council may approve deferral of
payment of special assessments where�the payment of said special assessments
constitute a hardship.
Publish: August 19, 1999
31
Nancy J. Jorgenson
Mayor
TO: WII.,LIAM W.'BURNS, CI'TY MANAGER •�''
FROM: RICHA1tD D. PRIBYL, FINANCE DIItEC'�UR :
MECHELL T'iJROK, ASSESSMENF CLERK
SUBJECT: RESOLUT�ON D�CLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF P1�OPOSED ASSESSMENT ON
5i"' AV�i�TLTE S�ItEET IlVIPROVEMEiVT PitOJECT NO. ST. i997-4
DAT'E: August 5,1999 -
Attached you will find the resolution declaring cost to be assessed and ordering preparation of
proposed assessments for the 57`� Avenue Street Improvement Project No. ST. 1997-4. The
fmal cost of this project is $1,045,000.45 and the affected properties will be assessed
$208,019.07 or $98.89 per front foot.
RDP/mt
Attachment
32
RBSOLIITION NQ." -1999
RESOLIITION DBCLARING COST TO 88 ASSE3SBD AND
ORDERING PRBPARATION OF PROPOSSD ASSLSSMSNT FOR
57 AVE STRBBT IMPROVEMENT PROJSCT°.NO: ST'. 1997-4
WHEREAS, the costs for the 57th Avenue Street improvement Project
No. ST. 1997-4 have been deter[nined to be $885,277.11 for the
contract price for such improvement and $159,723.34 for expenses
incurred in the making of such improvement so that the total
cost of the improvement is $1,045,000.45.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
The portion of the cost of such improvement to be paid by the
City is hereby declared to be $401,141.17 and the portion of the
cost to be assessed against benefited property owners is
declared to be $208,019.07.
Assessments shall be payable in equal installments extending
over a period of ten years, the first of the installments to be
payable on or before the first Monday in January, 2000, and
shall bear interest at the �ate of 6�4 percent per annum from the
date of the adoption of the assessment resolution.
The Finance Director, with the assistance of the City Engineer,
shall forthwith calculate the proper amount to be specially
assessed for such improvement against every assessable lot,
piece or parcel of land within the district affected, without
regard to cash valuation, as provided by law, and he shall file
a copy of such proposed assessment in his office for public
inspection.
The clerk shall upon the completion of such proposed assessment,
notify the Council thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1999.
NANCY J. JORGENSON - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
33
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sources:
Fr�iey Engineering
Fridley GIS
Moka County GIS
1997
TO: WILLIAM:VK: BURNS, CITY MAr1AGER
FROMc RICHARD D. PRIBYL, FINANCE DIRECTOR
MECHELL TUROK, ASSESSMENT CLERK
SUB3ECT: RESOLUTION FOR PUBLICATION OF HEARING ON THE 5'��� °`
AVENUE STREET IlVIPROVEMENT PROJECT NO. ST.1997-4
DATE: August 3,1999
Attached you will find the resolution directing publi�ation of hearing on the proposed asses`sment
roll for the 57�' Avenue Street Improvement Project No. ST. 1997-4 .
The Public Hearing Notice will be published in the Focus newspaper on August 19, 1999 as
required by State Statute.
RDP/mt
Attachment
36
. �
RESOLIITION NO._1999
R13SOLUTION FOR HSARING ON PROPOSBD ASSBSSMENT -
57� AVENIIB STRBBT IMPROVSMENT
PROJF�CT NO. ST. 1997-4
WHEREAS, by resolution passed by the Council on August 9, 1999,`
the Finance Directar was directed to prepare a proposed -
assessment of the 57th Avenue Street Improvement Project No. ST. _
1997-4,
AND WHEREAS, the Finance Director has notified the council that
such proposed assessment has been completed and filed by his :-.
office for public inspection,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY,
MINNESOTA:
A hearing shall be held on the 13th day of September, 1999 in
the City Hall at 7:30 p.m. to pass upon such proposed assessment
and at such time and place all persons owning property affected
by such improvement will be given an opportunity to be heard
with reference to such assessment.
The Finance Director is hereby directed to �ause a notice of the
hearing on the proposed assessment to be published once in the
official newspaper at least two weeks prior to the hearing and
he shall state in the notice the total cost of the improvement.
He shall also cause mailed notice to be given to the owner of
each parcel described in the assessment roll not less than two
weeks prior to the hearings.
The owner of any property so assessed may, at any time prior to
certification of the assessment to the county auditor, pay the
whole of the assessment on such property, with interest accrued
to the date of payment, to the City of Fridley, except that no
interest shall be charged if the entire assessment is paid
within 30 days from the adoption of the assessment. He may at
any time thereafter, pay to the City of Fridley the entire
amount of the assessment remaining unpaid, with interest accrued
to December_31 of the year in which such payment is made.. Such
payment must be made before November 15 or interest will be
charged through December 31 of the succeeding year.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY
THIS DAY OF , 1999.
ATTEST:
- DEBRA A. SKOGEN - CITY CLERK
37
NANCY J. JORGENSON - MAYOR
ASSESSMENT ROLL FOR
57th AVE STREET IlVIPItOVEMENT PROJECT NU: ST 1997 - 4
Esrimated Actual
Assessment for $98.89 Per Front
' Improvements Ft
Address PIN No. Fcont Ft $101.3 t Per Front Ft - Assessment
Erickson Petroleum Corp 233024320005 835.21 $85,191.42 $82,593.92
4567 West 80th Street
Bloomington MN 55437 .
Lyndale Terminal Co.
"Holiday"
250 57th Ave NE
Fridle MN 55432
Captec Net Lease Realty, Inc. 233024320006 230.33 $23,493.66 $22,77733 '
"Cattle Company Restaurant"
24 Frank Lloyd Wright Drive ` `
Ann Arbor, MI 48106
A R G Enterprises, Inc.
Attn: Jan Martin
44�10 EI Camino Rd Ste #201
Los Altos CA 92604
Flying putchman Er.terprises 233024230023 - 245.00 $24,490.00 $24,228.05
"Hardee's Restaurant"
2401 American Lane Ste #210
Madison WI 53704
Hardee's Food Systems, Inc
P O Box 1600
Rowlett TX 75030
Irving & Efron IS Herman 233024230022 120.00 $14,400.00 $11,866.80
262 NE 57`" Place
Fridley MN 55432
David W & Norma Rust
5735 Quincy Street NE
Fridle MN 55432
Robert R. Biglow 233024230021 193.00 $19,686.00 $19,085.77
��Burger King"
Mr. Nath Franchise Group
5775 Wayzata Blvd Ste 800 •
St Louis Park MN 55416
Mr. Nath Franchise Group
900 East 79th Street
Bloomin ton MN 55420
Linn Property Holdings LLG 233024230145 48�.00 $48,960.00 $47,467.20
Fridley Tire & Auto Center
1561 Woodlane Drive
Woodbury MN 55125
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Sources:
Fridley Engineering
Fridley GIS
Anoka County GIS
Map Date: 1997
/ AGENDA ITEM
� CITY COUNCIL MEETING OF AUGUST 9,
CRY OF
FRIDLEY
To: William W. Burns, City Manager
From: Sara S. Hill, Human Resources Director C\
�
Date: August 6, 1999
Re: Increasing Cash Option for 1999-2000 Plan Year
Per our discussion, I am requesting an increase in our Employer contribution towards the Cash
Option in our Employee's Flexible Benefit Plan as of September 1, 1999. This increase would
be consistent with the Employer contribution increase (29%) that was granted for Dependent
and Sirigle Health Insurance coverage. The contribution would increase from $181.00 per month
to $234.00 per month.
I have attached a resolution and would like to request Council's approval.
Thank you for your attention to this matter.
Attachment
�
���
RESOLUTION NO. -1999
A RESOLUTION AUTHORIZING AN INCREASE IN EMPLOYER
HEALTH INSURANCE PREMIUM CONTRIBUTIONS F4R FOR THE
1999-2000 PLAN YEAR
WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable benefts to Fridley
City Employees within budgetary constraints; and
WHEREAS, the City Council and City Staff have reviewed the City's financial position as well as
economic indicators and Employer Health Insuranee contributi�n adjustments by comparable employers;
and
WHEREAS, an adjustment of Employer Flexible Benefit Plan contributions is warranted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following
adjustments and changes be authorized for emp(oyees of the City of Fridley, effective September 1, 1999:
1. Increase in Employer Flexible Benefit Plan Contributions (Option B of our Flexible Benefits Plan}
from $181.00 to $234.00 per month.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF _ , 1999. �
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
41
NANCY J. JORGENSON — MAYOR
�"`
GTY OF
FRIDLEY
Name
Robert
Rewitzer
David
„ensen
AGENLIA IiEM
CITY COUNCIL MEETING OF AUGUST 9, 1999
Position
Patrol
Officer
Partial-exempt
Building
Inspector
Non-exempt
A�aointments
Starting
Salary
$27.06
per hour
1999-2000
contract
$17.51
per hour
42
Starting
Date
Aug. 1,
1999
Aug. 9,
1999
Reqlaces
Todd
Mitchell
Barry
Riesch
�
`
CRY OF _
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 9, 1999
CLAIMS
- • . . . • • •
�
43
/
L
CXi'Y OF
fRIDLEY
AGENDA ITEM
CITY C�DUNCILf:�.:1�l1EETING OF AUGUST 9, 1999
Type of License
CIGARETTE SALES
preciado's Automotive
6290 Central Avenue NE
Fridley, Minnesota 55432
FOOD SALES
Jerky Sales and More
7866 University Avenue NE
Fridley, Minnesota 55432
Preciado's Automotive,
6290 Central Avenue N�
Fridley, Minnesota 55432
LIQUOR - TEMPORARY
Totino Grace High School
1350 Gardena Avenue
Fridley, Minnesota 55432
PAWN SHOP
LICENSES
:
Tony Preciado
Approved By:
Police Department
Fire Department
Community Development
Jennifer Christensen Police Department
Fire Department
Community Development
Tony �reciado Police Department
Fire Department
Community Development
Fees:
$ 125.00
$ „45.00
$ 45.00
Janet C. Gray Public Safety Director $ 25.00
Cash-N-Pawn of Minnesota Alan Lee Cross Police Department $8,100.00
57th Avenue and Main Street NE
Fridley, Minnesota 55432
TREE REMOVAL AND TREATMENT �
All American Tree and Shrub Aaron Ross Lenser Public Works Departtnent $ 40.00
1225 Ninth Avenue South
Anoka, Minnesota 55303
44 w
LICENSES (CONT�NUED)
Type of License �
GAS SERVICES
Apollo Heating & Ventilating Corp
6510 Hwy 36 Blvd N
Oakdale MN 55128 Richazd Wecker
Great West Mechanical
24067 165 St
Big Lake MN 55309 Scott Snare
Metro Gas Installers
6�5 141 Lane NW
Andover MN 55304 Mike Ellis
Schnapp Plumbing & Heating Inc
682 125 Ln NE
Blaine MN 55434 Kenneth Schnapp
GENERAL CONTRACTOR-COMMERCIAL
Aldrich Construction
2011 243 Ave
St Francis MN 55070 David Aldrich
American Masonry Restoration Corp
11344 Rosemill Ln
Champlin, MN 55316 Mike Hart
J Benson Construction (4740)
7020 Walker St
St Louis Park MN 55426 Don Kleinsmith
Johnson Milton Roofing
525 Lowry Ave NE
Minneapolis MN 55418 Judith Erickson
Kingdom Exteriors
5255 East River Rd #210
Fridley MN 55421 Gary Robideau
Lodermeier M J Construction
1625 Hwy 10 NE
Spring Lake Park MN 55432 Brian Lodermeier
��
Approved By
RON NLKOWSKI
Building Official
Same
Same
Same
RON JULKOWSKI
Building Official
Same
Same
Same
Same
Same
LICENSES (CONTINUED)
T_ype of License �
GENERAL CONTRACTOR-COMMERCIAL (CONTINUED)
M and A Siding
505 157 Ave NE
Ham Lake MN 5�304 Mike Menke
Stahl Construction Company
5900 Rowland Rd
Minnetonka MN 55343 Dawn Miller
GENER.AL CONTRACTOR-RESIDENTIAL
All Quality Construction (4256)
506 Polk St
Anoka MN 55303 Richard Parker
Barc Ind (2017347�)
17001 Fish Point Rd SE #104
Prior Lake MN 55372 Robert Geoghagan
Benson J Construction (4740)
7020 Walker St
St Louis Park MN 55426 Don Kleinsmith
Boxwell Builders (5238)
10650 Mississippi Blvd NW
Coon Rapids MN �5433
Dailey Homes Inc (2217)
1471 91 Ave NE
Blaine MN 55449
Johnson Adam Construction (20033014)
4031 Quail Ave N
Robbinsdale MN 55422
Jurek Vern Construction (20188066)
7329 Co Rd 23
Becker MN 55308
P K Construction (8800)
34445 Teal Ave
Taylors Falls MN 55084
Bill Boxwell
Jay Thorson
Adam Johnson
Vern Jurek
Par Widlund
46
Approved By
RON JULKOWSKI
Building Official
Same
STATE OF MN
Same
Same
Same
Same
Same
Same
Same
�i
LICENSES (CONTINUED)
Type of License • �
GENERAL CONTRACTOR-RESIDENTIAL (CONTINUED)
RNR Construction (6644)
12049 Oregon Circle
Champlin MN 55316 Rodney Mysliwiec
Titan Construction Inc (20137879)
495 E Winona St
St Paul MN 55107
HEATING
Apollo Heating & Ventilating Corp
6510 Hwy 36 Blvd N
Oakdale MN 55128
Great West Mechanical
24067 165 St
Big Lake MN 55309
Schnapp Plumbing & Heating Inc
682 125 Ln NE
Blaine MN 55434
PLUMBING
Dakota Plumbing & Heating
3650 Kennebec Dr
Eagan MN 55122
Great West Mechanical
24067 165 St
Big Lake MN 55309
.
Ron Detomaso
Richard Wecker
Scott Snare
Kenneth Schnapp
Paul Rascher
Scott Snare
47
Approved By
STATE OF NIN
Same
RON NLKOW�Ki
Building Official
Same
Same
STATE OF MN
Same
�
�
__
CfiY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF AUGUST 9, 199�
ESTIMATES
Frederic W. Knaak, Esq.
Holstad and Knaak, P.L.C.
3535 Vadnais Center Drive
St. Paul, MN 55110
Services Rendered as City Attorney
far the Month of July, 1999 ............................................................... $ 5,000.00
Carl J. Newquist, Esq.
Newquist & Ekstrum, Chartered
301 Fridley Plaza Off ce Building
ti401 University Avenue N.E.
Fridley, MN 55432
Services Rendered as City Prosecuting
Attorney for the Month of May, 1999 ............................................... $ 16,284.00
Park Construction Co.
7900 Beech Street N.E.
Fridley, MN 55432-1795
Riverview Heights Area Improveme:�t
Project No. ST. 1999 —1
Estimate No. 3 ....................................
. •
.............................................. $ 468,911.48
'.
1 ..
f_�
� AGENDA ITEM
f
CITY COUNCIL MEETING OF AUGUST 9, �'�9�r'.
UIY OF
FRIDLEY
-
TO: The Honorable Mayor and City Council
FROM: William W. Burns, City Manager �
DATE: August 5, 1999
SUBJECT: Franchise Fee Ordinance
Attached for second reading is an ordinance regarding the City's proposed utility franchise fees.
Based upon suggestions and feedback provided as a result of the first reading of this ordinance at
the Juiy 26 City Council meeting, a new Section 409.05 pertaining to partial re�ates far certain
industrial/commercial customers was added.
Staff recommends Council's approval of the second reading of this ordinance.
. •
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRIDLEY, MINNESOTA,
AMENDING THE CITY CODE TO INCLUDE A NEW CHAPTER 409,
ENTITLEI3`�"FRAN�HISE FE�S"
THE CITY COUNCIL OF THE CITY OF FRIDLEY ORDAINS:
SECTION 409.01. PURPOSE- '
The Fridley City Council has determined that it is in the best interest of the City to impose an
equival�nt franchise fee on all entities providing elect�-ic and gas service pursuant to franchise
within the City in accordance with the franchise agreement entered between the City and each
such energy supplier. The franchise fee is paid as full compensation for the rights to transmit and
distribute electric or gas energy for public or private use within and through the limits of the City
as permitted by the respective franchise of each energy supplier. The equivalent fee was
determined in advance by the City based on each energy suppliers' estimated Gross Revenues so
that the fee paid by one Customer Classification is in aIl material respects the equivalent, based
on a percentage of the estimated Gross Revenues for the Customer Classification, of the fee paid
by each similar Customer Classification(s) of the other energy suppliers.
SECTION 409.02. FEE S(:HEDULE�
Minnegasco Company Gas Service Fee Schedule. A franchise fee is hereby imposed on
Minnegasco Company for its gas franchise granted by the City in the following amounts and
as defined in Section 7 of the parties' Franchise Agreement.
Customer Classification
Residential
Firm A
Firm B
Firm C
SVDF A
SVDF B
LVD
50
Amount per Month
3% of customer's manthly gas bill
$0.87 per month
$2.82 per month
$13 .18 per month
$26.59 per month
$147.50 per month
$150.00 per month
2. Northern States Power Company Electric Service Fee Schedule. A franchise fee is hereby
imposed on Northern States Power Company for its electric franchise granted by the City in
the following amounts and as defined in Section 9 of the parties' Franchise Agreement:
Customer Classification
Residential
Small C/I & Municipal, no demand charge
Small C/I & Municipal; wfdemand charge
Large C/I Secondary
Large C/I Primary
Amount per Month
3% of customer's monthly gas bill
$1.90 per month
$12,50 per month
$93.00 per month
$150.00 per month
Definition of Customer Classifications. The classifications on which these fees axe based
shall be those established by Reliant Energy Minnegasco and Northern States Power and :
approved by the Minnesota Public Utilities Commission. A copy of these customer
classifications shall be made available upon request by the City at City Hall during normal
business hours and posted on the City's internet site.
SECTION 409.03. PAYMENT
Said franchise fee shall be payable to the City quarterly. The payment shall be due the last
business day of the month following the preceding quarter of the calendar year and shall be
based on the electric or gas set-vice provided for the preceding quarter of the calendar year. Each
energy supplier shall furnish with each payment a statement of the amounts collected by
customer classification for the period on which the payment was based. Each energy supplier
shall permit the City and its representative free access to supplier records for the purpose of
verifying such statements.
SECTION 409.04. REDUCED OR REBATED RESIDENTIAL FEE FOR ECONOMIG
HARDSHIP
A whole or partial rebate for citizens with an economic hardship is available from the City. A
hardship shall be determined by examining the relationship b�etween the previous year's income
and the Federal Poverty Guidelines as annually established and published in The Federal
Register by the United States Department of Health and Human Services. A hardship shall be
deemed to exist when the annual gross income of the household for the previous yeaz is less than
the Federal Poverty Guidelines of the current year. If an economic hardship exists, the amount
paid by the household shall be rebated by the City to the household within a reasonable time
after the end of the year within which the fee was paid. _
SECTION 409.05. PARTIAL REBATE FOR CERTAIN INDUSTRIAL/COMMERCIAL
CUSTOMERS.
A partial rebate for all commercial or industrial customers is available to those customers who in
any calendar year have paid electric or gas franchise fees in excess of 5 percent of the total gas or
electric charges, excluding sales taxes, in that calendar yeaz. The amount of the rebate shall be
equal to the difference between the franchise fees paid in the calendar year and 5 percent of the
total charges for electric or gas services, excluding sales ta�ces, during that same calendar year.
51
Those eligible for the rebate can make application for the rebate at City on any business day of
the year following the year in which the rebate is applicable. The City shall either affirm or deny
the rebate within a reasonable time.
SECTION 409.06. ENFORCEMENT
Any dispute, including enforcement of a default regarding this Ordinance, shall be resolved in
accordance with:dispute resolution provisions of each energ� supplier's Franchise Agreement.
SECTION 409.0�. EFFECTIVE DATE
This Ordinance shall become effective 60 days after notice enclosing the adopted ordinance has
been served on each energy supFlier by certified mail. Collection of said fees from customers
shall commence with the beginning cycle of supplier's next full billing month following the
expiration of the 60 day period.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF , 1999.
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
Public Hearing: July 12, 1999
First Reading: July 26, 1999
Second Reading:
Publication:
52
NANCY J. JORGENSON - MAYOR
= AGENDA ITEM
CITY COUNC�1'�.Y�`MEETII�G OF AUGUST 9, 1999
CRY OF
FRIDLEY
Date: 8/5199 .
To: William Bums, City Manager
From: Ba�bara Dacy,:Community Development Director=
Scott Hickok, Planning Coordinator
Paul Bolin, Planning Assistant
RE: Planning Commission action on PS #99-03 M-99-169
INTRODUCTION
The City of Fridley has been asked by Stephen Varichak to grant preliminary plat approval, of
the lot currently located at 1583 Gardena Avenue, al(owing him to construct 3 single-family
homes on the proposed lots. All three lots, if preliminary plat approval were granted, would meet
all zoning code requirements for lot size and provide for required setbacks.
PLANNING COMMISSION ACTION
At the July 7, 1999 Planning Commission meeting, a public hearing was held for PS #99-03. A
motion was made to approve preliminary plat, PS #99-03, to allow the property located at 1583
Gardena Avenue to be platted into three lots. An additional stipulation was placed on the plat
approval, requiring the petitioner to have appropriate soil testing done to assure buildable home
sites on Lots 1,2, and 3, before the next City Council meeting. The motion passed by majority
vote.
SOILS
In accordance with the Planning Commission's stipulation, the petitioner hired STS Consulting, Inc.
to prepare a soil report on each of the 3 lots. The report was reviewed by engineering and planning
staff. The soils are favorable and conditions are right for standard 22" wide running footings on each
of the 3 homes. Staff is recommending the addition of 13 stipulations based on the information
contained in the soil report. These stipulations, generally, echo what was stated as construcrion
recommendations in. the soil report. •The petitioner has agreed with the additional stipulations.
TREES
The number of 27 trees was used several times during the public hearing by neighbors. Staff staked
the approximate setback locations on each lot and counted trees witivn the typical building area and
within the setb�cks. About 22 significant (mahue) trees aze located within the property boundaries
(there are some shrubs along the boundaries of the site, and a clump of shrubs between Lots 1 and 2,
1 being the northerly lot). 8-10 trees lie within the buildable areas for the homes. The petitioner
stated that he believed that the number of trees he thought he would need to remove was between 5-
10. Staff has stipulated that the petitioner prepaze a tree preservation plan for each lot to assure that
53
only those trees absolutely necessary to be removed, aze removed. This approach was also used at
the Royal Oaks development.
SLOPES
The slopes on this site are workable from a construction standpoint and are actually very favorable
for attracting homebuyers looking for a lot with character, in a well-established neighborhood. Staff
is however, recommending that the petitioner move the lot lines on the southernmost lots. Lot 2
would then be 75 feet, rather than 80 wide and Lot 3 would then be 80 feet, rather than 90 feet wide
(lot 3 is the one at the corner of Gardena and Benjamin). These widths srill cQmply with the-muumum �-..
requirements: By shifting the lot lines to the south, 15 additional feet on the �phill side of the slope
for Lot 1 becomes available. It moves a potential house further south, awa�°from existing neighbors, ._
and it may make the difference in saving 2 additional trees.
RUN-OFF
Council wiil note in one of the new staff stipulations there is a requirement that the run-off from
the 3 new roofs be directed through gutter and downspouts to the wesf drainage easement: In
that easement area, minor terraces will be required (in areas safe from tree roots) to slow the
roof-top water down and allow saturation, prior to any residual water entering the low area on the
northemmost lot. In addition, the northerly 50 feet of Lot 1 will be dedicated as a drainage
easement to protect the area from development.
PLANNING STAFF RECOMMENDATION
City Staff recommends that the City Council concur with the Planning Commission ar�d grant the
proposed preliminary plat request, PS-#99-03, wifh 23 stipulations as presented:
1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any
building permits, in order to minimize impact to the low area located along the Northern most
edge of property. The plan shall include retaining walls on Lot 1, immediately adjacent to the
home, to assure a slope of 12%, or less around the home's foundation. The plan shall also include
a terraced drainage area, in the 12' drainage easement, to slow existing run-off and assure some
saturation of roof-top run-off directed toward the pond.
2. The petitioner shaly dedicate a 20' utility easement and a 50 foot drainage easement along North -- �
property line of proposed Lot 1.
3. No grading or land alterations shall be permitted within 50 of the North property line of proposed
Lot 1.
4. Provide proof that the old well located on the site is properly capped or removed.
5. During construction, silt fencing shall be used where applicable.
6. Petitior.er ta pay $750 per lot park fees prior to issuance of building-pernuts. .
7. Petitioner to grant code required 12' utility and drainage easement along western boundary of
property.
8. Petitioner to pay all water and sewer connection fees.
9. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be
removed for the new homes shall be identified on the proposed site plan for each house, and shall
be marked on the site for approval by City staff prior to issuance of building permits.
10. A perimeter drain system, as recommended in the STS Consultants soil report submitted by the
petitioner, shall be installed around the outside of each house basement, in accordance with FHA
Special Bulletin 87-1. Backfill around and over the drain pipe shall be a free draining granulaz
material such as'/a to 1'/x inch rock or pea gravel.
54
�
1 l. No silt soils shall be used as wall backfill, except for the uppermost 18 to 20 inches to act as a
cap, as recommended in the STS Consultants soil report submitted by the petitioner.
12. All masonry shall be thoroughly braced internally prior to backfilling, as recommended in the �: -�-;. 5
STS Consultants soil report submitted by the petitioner.
13. The soil used as exterior backfill, for a distance of at least 18 inches from the walls should be a
free-draining sand in accordance with paragraph 4.5, of the STS Consultants Ltd., Project #
97479, dated July 27, 1999.
14. Silty soil from the site shall only be utilized to cap the backfill at the surface, as recommended in .
the STS Consultants soil report submitted by the petitioner.
15. A1 backfill shall be sufficiently compacted so as to not settle after construction as recommended :
in the STS Consultants soil report submitted by the petitioner.
16. All exterior grades shall be sloped positively away from the wa11s in aIl: directions to :Feduce .�,�_
groundwater infiltration into the backfill, as recommended in the ST'S Consultants soi� rep.art
submitted by the petitioner.
17. Gutters and downspouts shall be installed on all three homes:and shail direct all_run-off from all
roof areas to the west drainage easement. Approval of each home plan submitted vviil be partly
predicated on this information about hvw the downspouts and gutters will be ,designed and ..,
installed.
18. All door stoops should be supported on frost depth footings, as recomme�ded in the STS
Consultants soil report submitted by the petitioner.
19. Sidewalks and other slabs appurtenant to the building shall not be rigidly attached to-the structure
to allow free/independent movement, as recommended in the STS Consultants soil report
submitted by the petitioner.
20. No patio slabs shall be cast to extend under the sills of sliding glass doors, as recommended in
the STS Consultants soil report submitted by the petitioner.
21. A sub-base course of a minunum depth of 12 inches and consisting of pit run sand shali be -
installed below the conventional driveway pavement, as recommended in the STS Consultants
soil report submitted by the petitioner.
22. Adequate compaction and density of the footing subsoil, compaction of backfill around
foundations and under the floor slabs, particulazly the gazage slabs will be required. To assure
this is tnze, these phases of construction, as recommended in the STS Consultants soil report
submitted by the petitioner.
23. The preliminary plat shall be revised to reduce the width of lot 3 by 10' to 80 feet and lot 2 shall
be reduced by 5' to 75 feet in width to provide a more level building pad for lot 1. The revised
preliminary plat shall be reviewed and approved by staff prior to submission of the final plat.
55
City of Fridley Land Use Application
PS-99-03 � . August 5, 1999
GENERAL INFORMATION SPECIAL INFORMATION
Applicant:
Stephen Varichak:; ; .
1558 Briardale'Rd:
Fridley, NIN 55432
Requested Action:
Replat of property to accommodate 3
single family homes.
Existing Zoning:
R-1, One Family Residential
Location:
1583 Gazdena Ave.
Size:
53,708 square feet 1.23 acres
Existing Land Use:
Older single family home (to be razed).
Sucrounding Land Use & Zoning:
N: Single family home & R-1
E: Single family home & R-1
S: Single family home & R-1
W: Single family home & R-1
Comprehensive Plan Conformance:
Use of properly is consistent with Plan.
Zoning Ordinance Conformance:
All three proposed lots exceed the City's
muumum lot size standard..
Zoning History:
• 1949 - Lot is platted.
• 1956 - Home is built.
• 1976 - Existing home is connected to City
water & sewer.
Legal Description of Property:
Lot 2, Auditors Subdivision #92
Council Action:
August 9, 1999
Public Utilities:
Located near properly.
56
Transportation:
Homes will be accessed from Benjamin
Street.
Physical Characteristics: .
Tree covered, relatively level with the
exception of the northern edge of properly. _
SUNIMARY OF REQUEST _ _
Petirioner is seeking to create 3 separate lots.fro�--- .
Lot 2, Auditors Subdivision, in order to construct 3
s�ngle farnily homes.
SUMMARY OF ANALYSIS
City Staff recommends approval of this plat
request.
� Proposed lots exceed the size standards
required by the City of Fridley Zoning Code.
• All final grading and diainage plans will meet the
approval of City Engineering staff before
building permits are issued.
Existing Home
Staff Report Prepared by. Paul Bolin
PS 99-03
ANALYSIS
Petitioner is seeking to create 3 separate lots from Lot 2, Auditors Subdivision, in order to
construct 3 single family homes.
Currently there is an older home and garage located on the Southem portion of the Jot,
which was build in 1956. The home has fallen into some disrepair and wiU be razerl ta
make room for a new home in its place.
RECOMMENDATIONS
City Staff recommends approval of this pre/iminary plat request, with stipu/afions�
Proposed lots exceed the size standards required by the City of Friciley Zoning C�xte. ..
Fridley requires that lots in an R-1 district be a minimum of 75' in width with a minimum �
total lot area of 9,000 square feet. The proposed lots range in width from 80'-to 127' and irr
area from 10,704 square feet to 17,105 square feet.
All final grading and drainage plans shall meet the approval of City Engineering staff before
building permits are issued, in order to minimize impacts to this area.
North edge of property.
PLANNING COMMISSION ACTION
Planning Commission recommended approval of the plat but stipulated that the petitioner
complete soil borings on each lot. To follow is the staff analysis of the soil reports and an
update on other issues identified during the hearing process.
SOILS
In accordance with the Planning Commission's stipulation, the petitio�`hired STS :
Consulting, Inc. to prepare a soil report on each of the 3 lots. The report was reviewed by
engineering and planning staff. The soils are favorable and conditions are right for
standard 22" wide running footings on each of the 3 homes. Staff is recommending the
addition of 13 stipulations based on the information contained in the soil report. These
stipulations, .generally, echo what was stated as construction recommendations in the soil
report. The petitioner has agreed with the additional stipulations.
57
TREES
The number of 27 trees was used several times during the public hearing by neighbors.
Staff staked the approximate setback locations on each lot and counted trees within the
typical building area and within the setbacks. Abcwt 22 significani (ma#ure) trees are
iocated within the property boundaries (there aes some shn.ibs ai+�r�g �he. baundaries of the
site, and a clump of shrubs befinreen Lots 1 and 2, 1 being the northerly tot): . 8-10 trees lie
within the buildable areas: for:.tk�e:homes. The petitioner stated that he believed that the
number of trees he thought h�.would�need to remove vuas�befinteert 5=1U. Staff has
stipulated that the peti#ior��r prepare.� tree_pc�servation �Rlamfor each lot to assure that only
those trees absolutely necessary to be removed, are removed. This approach was also
used at the Royal Oa�CS development. :
SLOPES
The slopes on this site are workable from a construction standpoint and are actually very
favorable for attracting homebuyers looking for.a lot with character, in a well-established
neighborhood. Staff is however, recommending that the petitioner move the lot lines on the
sc�uthernmost lots. Lot 2 would then be 75 feet; rather than 80 wide and Lot 3 would then be
80 feet, rather than 90 feet wide (lot 3 is the one at the comer of Gardena and Benjamin).
These widths still comply with the minimum requirements. By shifting the lot lines to the
south, 15 additional feet on the uphill side of the slope for Lot 1 becomes available. It
moves a potential house further south, away from existing neighbors, and it may make the
difference in saving 2 additional trees.
RUN-OFF
Council will note in one of the new staff stipulations there is a requirement that the run-off
from the 3 new roofs be directed through gutter and downspouts to the west drainage
easement. In that easement area, minor terraces will be required (in areas safe from tree
roots) to slow the roof-top water down and allow saturation, prior to any residual water
entering the low area on the northemmost lot. In addition, the northerly 50 feet of Lot 1 will
decticated as a drainage easement to protect the area frorr` dev�lopment.
STIPULATIONS
Staff recommends that the following stipulations be attached to the preliminary plat
approval:
1. Grading and drainage plan to be approved by City's engineering staff prior to the
issuance of any building permits, in or�er to minimize impact°to-tt�e low area located
along the Northem most edge of property. The plan shall include retaining walls on Lot
1, immediately adjacent to the home, to assure a slope of 12%, or less around the
home's foundation. The plan shall also include a teRaced drainage area, in the 12'
drainage easement, to slow existing run-off and assure some saturation of roof-top run-
off directed toward the pond.
2. The petitioner shall dedicate a 20' utility easement and a 50 foot drainage easemen
along North property line of proposed Lot 1.
:
3. No grading or land alterations shall be permitted within 50 of the iVorth property line of
proposed Lot 1.
4. Provide proof that the old well located on the site is properly capped or removed.
5. During construction, silt fencing shall be used where applicable.
6. Petitioner to pay $750 per lot park fees prior to issuance of building permits.
7. Petitioner to grant code,cequired 12' utility.and drainage easemerr� a{ong.western
boundary of property. �
8. Petitioner to pay all:water and sewer. connection fees.
9. The petitioner sfiall agre� to�.preserve ma#�re trees to:the extent possible. All trees ....
required to be remo�ed for,�#he new homes shaN be identified on�the propo.sed site plan
for each house, and shall be marked on the site for approval by City staff prior to
issuance of building permits. :_. _
10. A perimeter drain system, as recommended in the STS Consultants soil report
submitted by #he petitioner, shall be installed arQU�d the outside of each house
basement, in accordance with FHA Special Bulletin 87-1. Backfill around and over the
drain pipe shall be a free draining granular material such as'/. to 1% inch rock or pea
gravel.
11. No silt soils shall be used as wall backflll, except for the uppermost 18 to 20 inches to
act as a cap, as recommended in the STS Consultants soil report submitted by the
petitioner.
12. All masonry shall be thoroughly braced intemally prior to backfilling, as recommended in
the STS Consultants soil report subm':tted by the petitioner.
13.The soil used as exterior backfill, for a distaa�ce of at least 18 inches from the walls
should be a free-draining sand in accordance with paragraph 4.5, of the STS
Consultants Ltd., Project # 97479, dated July 27, 1999.
14. Silty soil from the site shall only be utilized to cap the backfill at the surface, as
recommended in the STS Consultants soil report submitted by the petitioner.
15.AI backfill shall be sufficiently compacted so as to not settle after construction as
recommended in the STS Consultants soil report submitted by the petitioner.
16.A11 exterior grades shall be sloped positively away from the walls in all directions to
reduce groundwater infiltration into the backfill, as recornr;i�n�ed in the STS
Consultants soil report submitted by the petitioner.
17. Gutters and downspouts shall be installed on all three homes and shall direct all run-off
from all roof areas to the west drainage easement. Approval of each home plan
submitted will be partly predicated on this information about how the downspouts and
gutters will be designed and installed.
18. All door stoops should be supported on frost depth fovtings, as:recommended in the
STS Consultants soil report submitted by tF�e petitioner.
19. Sidewalks and other slabs appurtenant to the building shall not be rigidly attached to
the structure to allow free/independent movement, as recommended in the STS
Consultants soil report submitted by the petitioner.
20. No patio slabs shall be cast to extend under the sills of sliding glass doors, as
recommended in the STS Consuit�nts soil report submitted by tha petitioner.
59
21. A sub-base course of a minimum depth of 12 inches and consisting of pit;r�nsand
shall be installed below the conventionai driveway pavement, as recommended in the
STS Consultants soil report submitted by the petitioner.
22. Adequate compaction and density of the footing subsoil, compaction of backfill around
fo�ndations and under the floor slabs, particularly the garage slabs:will, be required. To: ,�: -
assure this is true, these phases of construction, as cecommended:in the.STS »
Consultants soil report submitted by the petitioner �:
23. The preliminary plat shall be revised to reduce.the widtta of lot 3 by 10' to 80 feefiand
lot 2 shall be reduced by 5' to 75 feet in wid#h to'°provide�a more level builcHng..pad for `�
lot 1. Th� revised preliminary plat shall be= reviewed a�d aPprovec� by staff prior #a�
submission of the final plat.
�• � .
PLANNING COMMISSION MINUTES OF JULY 7, 1999
PUBLIC HEARING: CONSIDERATION OF REPLAT REQUEST. #99-03. BY
STEPHEN VARICHAK & JAMES SURDYK:
To create three separate lots from Lot 22, Auditor's Subdivision �'82; generally.�: �. �..� _
located at 1583 Gardena Avenue.
MOTION by Mr. Saba, seconded by Mr:, Kandrick fio open the p�blic t��aring.
UPON A VOICE VOTE, ALL VOTING AYE, CHAtR�ERSON 5'"I�IVAGE °
DECLARED THE MOTION CARRIED AND T�iE PUBLIC_HEARING OPEN AT
7:58 P.M.
Mr. Bolin stated the petitioner is requesting a replat of Lot 2, Auditor's
Subdivision #92, to develop three separate lots which would accommodate three
single family homes on the property located at 1583 Gardena. The property is
zoned R-1, Single Family, as are the surrounding properties with the exception of
a small parcel just to the south of this property. A 40-foot strip of land is owned
by the City and used as access into the park for maintenance. A home and a
number of large trees currently exist on the property, The northernmost edge of
the property is lower than the other part of the property.
Mr. Bolin stated the lot was platted in 1949. In 1956, the existing fiome was
constructed. In 1976, the existing home was connected to City sewer and water.
Mr. Bolin stated that in reviewing the preliminary plat, staff has noted that the
proposed lots exceed the code requirements for size and street frontage. Staff
recommends approval of the request with the following stipulations:
1. Grading and drainage plan shall be approved by City's engineering staff
prior to the issuance of any building permits, in order to minimize impact to
the low area located along the Northern most edge of property.
2. Petitioner shall provide a 20-foot drainage and utility easement along
North property line of proposed Lot 1.
3. No grading or land alterations shall be permitted within 50-feet of the
North property line of proposed Lot 1.
4. Petitioner shall provide proof that the old well located on the site is
properly capped or removed:
5. During construction, silt fencing shall be used where applicable.
6. Petitioner shall pay $750 per lot park fees prior to issuance of building
permits.
7. Petitioner shall grant code required 12-foot utility and drainage easement
along westem boundary of property. _
8. Petitioner shall pay all water and sewer connection fees.
�
9. petitioner shall agree to preserve mature trees to the extent possible. All
trees required to be removed for the new homes shall be marked and
�approved by City staff prior to issuance of building permits.
Mr. Bolin stated-the nortk�ernmost lot, Lot 1, would be approximately 17,000
square feet, Lot 2 would be.about 11,000 square feet, and Lat 3 would be just
over 12,000 square feet: tat°1 acts as a natural drainage area. The 20-foot
easement would give the City a drainage easement in that area. Also, to
address sorne of the neighborhood concerns with drainage and open space,
staff has requ�ested a stipulation stating that no land alterations shall happen
within 50 feet of the northernmostproperty line.
Ms. Savage asked why this is a replat rather than a lot split.
Mr. Bolin stated this is because there are three lots involved. This is a
reconfiguring of the entire site rather than splitting one parcel into two parcels.
Ms. Savage asked if there were any legal guidelines or statutes in a situation
like this where it is clear that these lots are the proper size. Are there any other
guidelines in making a recommendation to approve or deny?
Mr. Bolin stated staff goes by the City zoning code to make sure that all the lots
will be buildable. Not only must the lots meet cert�ain size requirements, but
also that homes can be built on the lots. This is a residential area, and these will
be single family homes. According to the code, the petitioners�can do this and
meet the requirements.
Ms. Savage asked for staff s response to the letter from Glenn Lillmars
indicating that he owns an adjoining property that he wanted to build on and that
he was not able to build.
Mr. Bolin stateci he b�lieve� Mr. Lillmars' property abuts this property.and was
at one time platted even though they do not have access. About the same time,
a 25-foot portion of the proposed Hill Drive was also platted. It is highly unlikely
that Hill Drive will be extended due to the topographic constraints. In order to
construct Hill Drive, it would be necessary to fill in the entire low area, which
would cause drainage problems for the entire area. There would also be issues
in acquiring propsrty in order to put in a road. The City code requires 6.0-foot �
roadways with 30 feet of paved surface and 15 feet of right-of-way on either =
side. It is landlocked and without some major purchases of property, it would be
impossible to come off Benjamin onto Hill Drive.
Mr. Kondrick asked the minimum lot size.
Mr. Bolin stated the minimum lot size is 9,000 square feet.
62
Ms. Modig asked why the lots are not being separated into equal size lots
Mr. Bolin stated the main reason is that, when the petitioner was drawing up the
lots, he was thinking about the low area at the nothernmost lot. In order to
make that a buildable lot, he made the northernmost_ lot larger than the other
twa
Ms. Modig stated that once this subdivision is done, what prevents the future
owner from making a topographic change in that low area?
Mr. Bolin stated a future owner would need a grading permit. There is a storm _
sewer culvert that goes under Benjamin just to the north of this property. That :: :
-- drainage comes partially across the neighbor's property. Practically, this would -
not be a possibility.
Mr. Hickok stated there is a stipulation that states the subdivision was approved
under certain conditions. If this was filled, it would be a violation of the law.
Mr. Saba stated that in walking the property, it appears there is wetland soil at
the northernmost area. Has anyone looked at whether there is wetland material
and if there is mitigation involved?
Mr. Bolin stated he understands that the water does nat set in the area very
long and drains quickly. Any potential wetland in the area would be small
enough in size that it would not trigger any mitigation. The area lacks wetland
vegetation.
Mr. Saba stated the lot located north of Lot 1 has severe erosion. What will
construction do to that property as well as other? Will removing trees and
vegetation add to that?
Mr. Bolin stated that in reviewing this with the City engin2ers, they are confident
that the 50-foot buffer along the northern edge and engineering staff having final
approval of the grading plans would stop any potential problems with erosion
and runoff. Anything done on Lot 1 should not affect the property to the north.
Mr. Saba asked where the house would be located.
Mr. Bolin stated a house would have to be located on the southern portion of tot -•
1 at a place where they would meet the required setbacks and still stay away
from that 50-foot line.
Mr. Sielaff asked if the former sewage treatment systems had been properly
abandoned.
�
Mr. Bolin stated that if there is one; it wili be:removed when the existing home is
razed. This is a requirement of the demolition permit.
Ms. Modig stated that where is the drainage going to go?
Mr. Bolin stated the engi:neering staf��rrc�uid�#ike #o.see all the drainage go,
toward Benjamin.
Ms. Modig stated that:when the grading.and drainage plan is approved, the idea
is that it is going �o dram away.fcom the°property itself into Benjamin. There is
drainage further to the north. Vliitf it accommodate this?
Mr. Bolin stated those are all good concerns and are things that the engineering
staff has looked at. The engineering staff does not want to allow any more
drainage into that area, and they believe this will work.
Ms. Modig stated she understands that. These are concerns of the
neighborhood that have to be addressed for the neighborhood in order for it to
be a peaceful project. She has concerns about that.
MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive into the public
record letters received from Vicki Hamilton dated July 6, 1999; from James
Hamilton dated .iuly 6, 1999; and from Marjorie Rolland dated June 27, 1999. _
UPON A VOICE VOYE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Varichak stated he lives three blocks away and has lived there for the last
15 years. He is very familiar with the property. He is looking at this for
investment purposes. They will remove the old house and build three new
ones. It will improve the area. He purchased the property a few months ago.
The lots are all nice sized lots. At th�s tim�, he has two people interested in
building on the lots.
Ms. Savage asked if the petitioner had any problems with the stipulations.
Mr. Varichak stated he has no problems. They made the northern lot big in
order to accommodate.the Iandscaping. ,.,That is a nice walkout lot. They will try
to save as many trees as possible.
Mr. Saba asked where he would put a house on Lot 1.
Mr. Varichak stated they would have to mark where 50 feet is from the north
end. It is really the buyer's option to position the house. They will pick out a
plan and see if it is a good fit for the lot. Currently, there are no plans.
.�
Ms. Winiecki stated she is attending the meeting on behalf of the three owners
directly north of the three proposed lots. Cathy Miller and Thomas Steifer wrote
a letter to the City regarding #he request,-which was included in the agenda
packet. Ms. Winiecki read portions of the letter.
Ms. Winiecki stated the ho�eowners she is�:representing purchased their lots
primariiy because of the scenery. Throughout the years, the entire
neighborhood has enjoyed the natural setting tucked away in a big city. It
appears #o her the°developer will come into the neighborhood, create a less
than desirable ac�ea far the.existing homeowners, and exit the scene without
regard for the current residents.° Surely, in this case, the developer will benefit.
In what way will the existing property owners benefit? Will they enjoy looking at
the sides oc backs of the homes he built rather than taking in the beauty of the
oak trees or open areas? Will they enjoy the loss of some of the wildlife in the
area? Will they enjoy the additional traffic or homes being c�eated? Will their
property values go down? Most importantly, if this lot is lost to subdivision, will
the next home that is sold then allow for an additional subdivision? Surely some
of the lots are large enough to entice another developer? In order to protect the
current residents, they need to stop this subdivision from taking place. The
current homeowners like the neighborhood as it is. There is no question a
developer with significant capital can subdivide the lot, take away the essence
of the neighborhood, and make a hefty profit. The real question is, should they
be allowed to?
Ms. Wick stated sne lives on the property immediately west of this property.
Her entire property borders the property in question. There are a couple of
things going on. One is the emotional aspect of cutting down trees. There are
24 oak trees are on the site. When stepping out her back door on a sunny day,
she sees trees that are green. She will now look at siding, and she is not sure
how she feels about that. She displayed a diagram showing two trees and she
thought that was about the perimeter. The perimeter holds about two trees.
With t�ree houses, there vviU be three farnilies, four to nine kids, six or more
cars, RV's, boats, etc., instead of all these really nice oak trees. That is the
emotional piece.
Ms. Wick stated the other part is about it being problematic. The Commission
asked great questions. What about the erosion? What about the drainage?
Can you put a house on that big !ot?. I�.it going ta change the. drainage? Can
you expect that there will not b2 erosion when it is occurring now on the
property to the north? She was not sure these questions were answered. Her
concern is how the Planning Commission can make a decision until they know
those answers from the engineers? If inembers have not been to the site, she
would invite them to come out and walk the lot. She loves the trees and thought
they were over 100 years old.
65
Ms. Wick stated she has spoken with Mr. Varichak. He seemed-41ike a niee man. ..
While he does live in the neighborhood, he does not live next door. She'is
willing to accept some compromise. Maybe she does not have a choiee, but
she and her neighbors are willing to take a look at a compromise - perhaps two
houses rather than three to save more trees. At the slope, there is a pocket of �.
eight or nine trees that will have to go. If finro houses are put at.the t�ighec �� -
portion of the lot, they will be closer to the road: °She agreed that it is probably
okay for the house to be demolished. There is more compromise than just
marking some trees. She thought they needed to go further tfian just-95�o of ,.
these big old trees missing.
Ms. Wick stated she has a petition signed by approximateiy65 of the neighbors.
She asked that this be presenied to ghe City Councit: "° _
MOTION by Mr. Saba, seconded to Ms. Modig, to accept the signed petition into
the public record.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Mr. Larson stated he lives across the street from the p�operty. He agrees that
the house should be demolished. He has talked to the neighbors and all are
opposed to three houses going in. A!I the lots around thece are fairly decent-
size. All the properties have mature trees. If they start taking them down, they
will not see mature trees. This is not an investment to him. He will not see
anything in his pocket. This is all that the petitioner is looking at. He thinks
there could be a compromise. He has a child who enjoys getting out and
playing in the neighborhood. It would be sad for him to have three houses go in
there. Besides the extra traffic, Gardena is a busy street as it is right now. With
three houses, there will be a minimum of six cars. He just doesn't think this is
rig ht.
Ms. Wilson lives directly across the street from the property. She concurs with
everything that has been said so far. She had concerns about Lot #3 and asked
for the dimensions of that lot.
Mr. Bolin stated Lot #3 measures 90 feet x 134 feet.
Ms. Wilson asked if staff had described the slope that is there from Lof 3 to Lot
1, and how a house could be built into that hilL
Mr. Bolin stated Lot 2 is fairly level. Most of the slope is on Lot 1.
Ms. Wilson stated she concurred that the.house should.be taken down. They
had heard rumors of having 3 feet taken off that property. As a neighborhood,
they have all mature trees, deep lots, park land behind them, lots of animals,
..
and lots of rolling hills. She is very opposed to squishing three houses in there..:
If the developer had come to the neighborhood with a proposai for two_houses,
that might have been easier to swallow.
Ms. Kuhlmeyer concurred with the comments. She lives across the street from= ..
the property. She is concerned_about the tax ramifications and special
assessments. Are there any assessments ortaxes they should'be eoncerned ,, �,:
about as property owners?
Mr. Hickok stated that as far as assessmen#s, all of thevcosts of�deveiopment
are borne by the developer. Neight�ors°and residents in tMe area should not
expect any additional assessment because of this development. There is the
added revenue of having three homes where one�t�ad existed.
Ms. Hatten stated she lives across from the 50-foot area and looks at it from her
front window. They purchased their house in November. The front does not
look very nice because they have a big tree so they don't get any sun and grass
won't grow. They have erosion and they will have erosion down the street.
They are debating about taking out a tree, and now this is talking about taking
out 24 trees across the street. She has a huge problem with that. Her property
at the street is where water drains out. This winter, there was a cycle of freeze,
thaw, freeze, etc. That part of the street was all ice. There is a huge drainage
problem there right now. They already have water tha# backs up into the
driveway when it rains heavily. She would like the City to do something about
that. A house on Lot 1 with the slope will have erosion. The drainage will go
into the pond. She would like someone to look further into that.
Ms. Hatten stated she is totally against three houses there. She does not want
to look at that across the street. She did not think this is aesthetically pleasing.
If they put in a huge house, it makes the rest of the houses built in the 1950's
look like dumps. That does not help her as a property owner. She stated Mr.
Varichak is a very nice guy; and, if he wants to make some money, that's fine,
but can he reduce the size of the houses so they fit in with the other homes in
the neighborhood? She would like that to be considered.
Ms. Winiecki stated that a few years ago when the north property owners had
some drainage problems, the City needed to come in and redo the driveway. In
addition, some of the front yard had additional fill put in. This happened during .
the construction of the street on Benjamin.
Mr. Bailey Tiller stated he has lived in the area for 60 years. Years ago, when
they started the City, they were very fortunate to have a very good manager.
The taxes were $88 per year. Now the taxes are $200 and they talk about
development that is costly. It is costly because keeping everything in order
costs a lot of money. They have enjoyed the block the way it is, and they want
to keep it the way it is. The taxes cannot take care of all the extras. You cannot
s7
put this in to get more taxes. There is nothing so nice as when you have nature.
It would be nice to have it natural. If you drive off Gardena and 0akwood Manor
to the west, years ago they were going to put houses in there. Now there is the
most beautiful nature. They have to keep what they have as good gifts and so
he wants to keep this now as a gift.
Mr. Jerome Tiller stated he has lived here for 50 years and is.a:lor�g:time
resident of the neighborhood. The Commission is faced with a#errible dilemma.
Here is a gentleman who has lived three or four blocks frorn the neighborhood
for 15 years who purchased this property on speculation. The Cammission's� �t .
decision is either to protect the speculator's investment arto s�mehow reach ��
some sort of compromise and protect the neighborhood's investment in #his ..
beautiful lot. Some of the m�mbers have been there. This isa special Icat. °H�e -
always thought they would have rich neighbors someday because he never
thought anyone would take that lot and split it up. There is also a stee� s{ope
on that hill. He does not know how they intend to arrange that land and put a
house on that site. It will be costly in the long run because of the potential
drainage problems.
Mr. Jerome Tiller asked the Commission to take a hard look at the situation
before making a decision. He though the neighborhood was willing to
compromise. He would prefer to see one lot, but they are probably realistically
thinking'two lots, but he did not think anyone in the neighborhood would live
v�ry well with three lots. It would destroy the p�esent unique situation. Fridley
has a few nice garden spots. Gardena is a very old neighborhood. It has a nice
mix of old and new; it is a beautiful area. You need to preserve it the best way
you can.
Ms. Friedmann stated she has some concerns with this proposal. The first is
squishing three newly constructed homes and making them consistent with the
surrounding neighborhood. She has lived in the area for about 10 years, and
they liked the ehafm and the Earge #rees. The glarng inconsistency of the #k�ree
new homes would not be very pleasant. Her second concern is the soil
composition and the potential for erosion. She has spent many years as an
environmental engineer and understands this. Along with the erosion and
increased drainage (which will by nature want to go north and further erode
rather than going up hill onto Benjamin), erosion will be a considerable factor as
well as th� integrity of the structure on that soil. Her thir�l concern is the
precedent tt�at this sets. She lives across frQm another elderly lady who has a
beautiful lot with large old oak trees that is oversized and square footage-wise
could very conceivably be split into three lots. It is a beautiful site. You could
conceivably put two houses on this site. It is so inconsistent with the rest of the
houses in the area and the scenery. Both of these areas are in her
neighborhood. When she is out walking her dog, she enjoys the shade and the
scenery and would like that to remain.
.:
Mr. Jerome Tiller stated he thought the trees are more like 300 years old. When °
he was little, those trees were as big as they are now.
Ms. Savage asked the petitioner his reaction to a double lot split.
Mr. Varichak asked if the City would consider purchasing the lat.
Ms. Modig asked the petitioner if they had soil testing done on the property.
Sometimes after a soil test is done, you may find that it:is:nat buildable. ...
Mr. Varichak stated the site is buildable.
Mr. Sielaff asked how staff determined the measurement of 50 feet.� :
Mr. Bolin stated staff sat down with the engineering department and figured out
how far up the hill they would need to go to preserve that area.
Mr. Sielaff stated he is concerned that Lot 1 is buildable. He is not sure if there
were any restrictions in the code that constitutes a buildable lot and what
doesn't.
Mr. Hickok stated the zoning code sets standards for setbacks, landscape, etc.,
but it does not talk about soil conditions. The building code addresses that.
There is a requirement that the foundation be adequate to support the home, to
prove that the footings need to be based on soil compaction tests, etc. As they
build homes, they need to verify that the soil conditions are such that it will
support the home proposed for the site. The questions about soil conditions are
valid. The builder would find out at the time of the soil tests. Oftentimes it is not
the soil but the design of the footing that needs to match that soil. Those are
building issues that need to be taken to the building department. The grading
requirement is specific in the building code. If the land steps down, that needs
to be considered in the design of the home. On Lot 1, ihe builcler will need to -
determine the contour that will be needed and the placement of the home in
order to make this work properly.
Mr. Sielaff stated there is no specific requirement on the degree of slope or no
restrictions on degree of slope.
Mr. Hickok stated there is none on a lot like this. Along the river, there is a bluffi -
requirement.
Ms. Hatten asked if the City has considered the flow of drainage to the street
and how that collects in the sewer and goes back down into the pond. Has the
City considered the extra impact in the area of the additional water in that area?
Will that end up having standing water?
.•
Mr. Hickok stated City staff rn�e# with a development review committee
consisting of staff from engineering, fire, police, assessor, and building
departments to analyze the questions that the neighbors are asking. It is
important to know that the planning staff is presenting information received from
a number of different sources. A.determination was made that three lots and -
three homes can work. :
Mr. Saba asked what level of rainfall these calculations are based upon.
Mr. Hickokstated that in commercial:and industrial development, they base the
calculations on 10 year, 1 S year, and 100 year storm events. In residential
areas; it:is done in very much the same fashi��. They look at the density of the
development; the roofs and driveways, and the kind of runoff they will get as a
result of that development. They look at the hard surface area and the areas to
handle that capacity. In this case, the answer has been yes.
Mr. Saba asked what criteria is used to save trees.
Mr. Hickok stated they were obligated under stipulation as part of the
subdivision to protect the trees in the Royal Oaks Development south of Totino-
Grace. This stipulation was in place as well. Staff did go down and mark the
trees. He thinks that was a good end product. There are a good number of
mature trees that were left as a result of marking the trees and then protecting
those that are left during construction. -
Mr. Saba asked if there is an estimate of the number of trees that could be
saved.
Mr. Hickok stated that would depend upon the placement of the homes. Staff
have talked to the developer about this. Trees are valuable to a lot. The more
trees you can preserve, the more value you have in a lot. To design a home for
a wooded lat, the fa�tprint looks at #! �e -!ay of the land to minimize the impact.
The more trees that are preserved, the better off they are.
Ms. Hatten asked if the engineers are saying that the drainage system that they
have now is adequate. She did not think the current system in adequate
because the water is backing up their driveway when it rains.
Mr. Hickok stated there is no plan at this time to up�rade the storm sewer on
Benjamin.
Ms. Wick stated there are some tough questions that need to be answered.
She felt like the neighbors are fighting the City. She wondered what the
motivation was to try to convince the Commission that three lots is a good idea..
�
Mr. Hickok stated the code se#s. a. minimum standard through the zoning and
subdivision ordinance on what is in the Cityof Fridley. By doing that, there is a
stand�rd that is essentially an invitation.to developers. As you look at property,
you would look at the subdivision ordinance and the zoning ordinance to see if
your proposed development foc..#hat lo# meets the City's requirements. Through
the State statutes, the City has the ability ta subdivide the land within the City
the way it sees fit. Tf�e City considecs requests�,b�sed on the standards. Has
the developer met the minimum standards of the subdivision ordinance? Yes.
Has the developer,.met the rx�inimum sfandards of the zoning code? Yes. If
these ace met, staff cannot�recommend denial.
Mr. Jerome Tiller asked if staff is predisposed to protect the investment of
d�velopers regardless of the impact it might have on aesthetics.
Ms. Savage stated staff must follow the law. She did not think it had anything to
do with favoring development. There may be other considerations beyond the
fact the property meets the standards. There are other considerations, and that
is why the�e is this meeting.
Mr. Jerome Tiller asked what would be some of the other considerations.
Ms. Savage stated one would be neighbofiood reaction. She stated this is very
difficult, as they all understand how the neighbors feel. Every Commission
member would like to have property or property close to them that is beautifu�
with trees and wildlife. But, at the same time, they are bound by laws, statutes,
and regulations.
Mr. Jerome Tiller stated they are bound by laws, statutes and regulations that
determine what a minimum code would be. Are they obligated to protect the
investment of a land speculator? What value do you place on aesthetics and
neighborhood aesthetics? Values are subjective. Does a code invite
developers ta develop? He is having trowble with that.
Mr. Sielaff stated the Commission also has to consider land ownership. What
can you do with land that you own?
Ms. Kuhlmeyer asked what the timeline was for the completion of this project.
Mr. Varichak stated that if everything goes according to schedule through the
City, County, etc., this process will probably be completed at the end of
September.
Ms. Modig asked the petitioner if he is going to develop the property himself or if
he is planning to sell the parcels to individual parties.
71
Mr. Varichak stated that it is possible he witl sell ta individual parties. It depends
on who purchases the property. He wiil not be the-builder.
Mr. Bailey Tiller stated he has lived in the neighborhood for 60 years. He hoped
that the Commission would listen to the people that:live #here._
Ms. Savage stated that�regardless of the recommendation:made.�by the
Planning Commission, the final decision will be made by the City Council.
MOTION by Mr. Kondrick; seconded by Ms. A�lodig; to close the public hearing.
UPON A VOICE VO�:E, ALL f/OTING AYE, CiiAiR�'ERSORi SAVAGE
DECLARED THE MOTION CARRiED A�fa THE �U�LIC Fi€RrRING CLO�ED
AT 9:25 P.M.
Ms. Modig stated she lives in the neighborhood, and she has been on the
property. The City is bound by ihe statutes and the laws of what they can or
cannot do. As long as the property owner meets the criteria, they can divide the
property. The City cannot say no. Her feeling is that she would really like to
table the request and let the propsrty owner meet with the neighbors to
determine if it was possible to do a twa-way split. She felt there would be some
value to do that, but she thought this was not going to happen. She would vote
against the request because there are too m�ny uariables regarding drainage, _
grading, the trees, ponding, etc. The City has been assur�d by the engineers �
that there is not a wetland there. They keep hearing from the neighbors about a
pond that forms after it rains, so perhaps they need to look at the drainage in the
area. There are too many ifs for her. She would vote against the request.
Mr. Kondrick stated he would vote in favor of the request because of the criteria
they have to follow. He is basing his decision upon the fact that the engineers
know what they are doing. It is his understanding that, if three houses are built,
there cannot be any more y,vater than whaf is there n�w. -H� �foes nat see how
they can deny the owner from putting three pretty homes in the area if it can be
done. The lots are over sized. They are doing what they can to put the third
house back 50 feet. There are some tough stipulations. He walked the property
and is aware of what the neighbors are talking about. Lot 1 will be a challenge
for anyone that decides to build there. That is the way things happen sometimes.
He will trust that the P!anning staff �nd Engine.ering staff know what th�y are
doing. If the stipulations are adhered to, he would vote to approve.
Ms. Modig stated she did not mean to infer staff did not know what they are
doing. She just feels that there is so much neighborhood animosity towards the
request, and she feels that three lots are just too many.
Mr. Sielaff stated he is empathetic to the residents. In his job, he has to deal with
minimum standards. The minimum can become how far you can go down. On
72
the flip side, minimum standards will impcove the quality throughout the City. He
recognizes this, and it is frustrating that they cannot do much about it. The City
has a code with certain standards. Any person can purchase land and design
down to those standards. The petitioner is the landowner and meets the
minimum standards. He would vote in favor of the request.
Mr. Saba stated: that if he was to vote his person�l feelings; �he�would vote
against the request. He loves trees and wetland areas. It appears to be a very
nice property; however, three legai lots a�e. proposed: The City engineers have
looked atthe drainage and agree that it is wockable: That puts some
responsibitity back on the City. The Planning=Commission's recommendation will
go on to City Council fora final decision, and everything ti�e neighbors have said ;
will go to the City Council. #t is certainly a tough decision. The lots are legal size�
with sufficient room for three legal homes. He is very concerned about Lot 1 and
where the house is placed. There are market forces that would have to
determine the placement of the house and the trees to be saved. He would vote
in favor of the request
Ms. Savage stated that if it were her neighborhood, she would be out in the
audience. This is an extremely difficult decision. She is very concerned about
the reaction of the neighborhood and very concerned about taking down mature
trees. On the other side, she is a lawyer, and she cannot see any way to deny a
request that meets the standards of the code. She would have to agree with the
majority and vote in favor of the request.
Ms. Modig asked if it would be possible to add another stipulation regarding the
testing of the soil and that this be done before the replat is done.
Mr. Hickok stated this can be done. If the Commission makes the motion with
the stipulations, staff will make sure that this happens.
Ms. Modig stated that if the soi! tests show that there are a lot of problems, the
petitioner may decide not to do the project.
Mr. Kondrick suggested the wording for the stipulation: °Appropriate soil testing
shall be done to assure a buildable home sites."
Mr. Hickok asked what the timing expectation is on the added stipulation.
Ms. Savage stated it would be helpful to have this done before the City Council
meeting.
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to recommend approval of
Replat Request, P.S. #99-03, by Stephen Varichak and James Surdyk, to create
three separate lots from Lot 22, Auditor's Subdivision #�92, generally located at
1583 Gardena Avenue, with the following stipulations:
73
1. Grading and drainage plan shall be approved by City's engineering staff
�prior to the issuance of any building permits, in order tominimize impact to
the low area located along the Northern most edge of property.
2. Petitioner shall provide a 20-foot drainage and utility easement along
North property line of proposed Lot 1.
3. No grading or land alterations shall be permitted wi�hin 5U feet of the North
prope�ty line of proposed Lot 1.
4. Petitioner shall provide proof that old well located on the site is properly
capped or removed.
5. During construction, silt fencing shall be used where appficabie.
6. Petitioner shall pay $750 per lot park fees Frior to issua nce of building_ --
permits.
7. Petitioner shall grant code required 12-foot utility and drainage easement
along western boundary of property.
8. Petitioner shall pay all water and sewer connection fees.
9. Petitioner shall agree to preserve mature frees to the extent possible. All
trees required to be removed for the new homes shall be marked and
approved by City staff prior to issuance of building permits.
10. Appropriate soil testing shall be done to assure buildable home sites on
Lots 1, 2, and 3, and to have that information available by the next City
Council meeting.
�JPON A VOICE VOTE, SAVAGE, KONDRICK, SABA, AND SlELAFF VOT�NG .
AYE, MODIG VOTING NAY, CHAIRPERSON SAVAGE DECLARED THE '
MOTION CARRIED BY MAJORITY VOTE.
Mr. Bolin stated this item would be considered by the City Council on July 26.
74
July 1,1999
City of Fridley Plarniu�g Cominission and City Council
Attri: Scotz Hickok
Re: Sub Division of property located at 1533 Gardena Avenue
We, Cad�y Miller and Thomas Steifer, are, adjoining property owners oflhe above mentioned
lot We are writing today to express our concems and displeasure reg�rding the proposed -
subdivision of 1583 Cra�dena Avenue into tlu�ee separate -
lots.
We have been in our house far 15 yeais. During �is time, �e � benefits of owning our
Pro'I�Y in this neighborhood are �e open land and bea�rty �at is prevalent here. The majority
of d�e new homeowners on Benjamin Sfiaet ba.sed
part of their decision to move here because of �e narival view. This
neighbo�ood is one of the few left in d�e city �at has retained this for many
yeais. We want it to remain as such for many mo� ye�s. 5ub dividing the
property would ruin �is e�ect for futxzre generations. �
Through a conveisation with Steve Varicll�al� we were infomied that while some
of the border (perimeter) fiees would not be removed, there are no guuantees tr�at
any of the other Oak trees would nemain intact.
ln the lot itself, not ir�cluding bordering trees, there are 24 mature Oak fiees. As
you most likely lrnow, these Oak trees have a safe, forest like look to d�ern, are aesthetically
magnificent, and their roots provide a base in the soil to help evade erosion. There's room far
the child�tn of the neighborhood to enjoy sledding and playing in �e woods. Along widi that -
�ere is an�le wildlife - between tl�e lots
we have ducks, geese, rabbits, raccoons, squirneLs, birds and even an occasional deer from the
nea�y wooded area's. Development of multiple single family housing could detour wildlife finm
being in �is nahual setring.
We remember Bertha - the fittle old woman who owned this pmperty befo� her
deat�. She came to our house one night in �e rain when a different sub division maeting had
arose in the neighborhoocl. She adamantly opposed any sub division
of property in Fridley - to the point of telling us never to sell to "those developers" and ntin �e
neighbo�ood she had enjoyed for so many yeazs. It is a sad fact �at
a developer has purcha.sed the property that she once owned She never wanted to
see it nor any other properties split into sections, thus losing the wooded a�as
and open land
75
Page 2
Re: Suli Division of property �ocated at 1583 Gardena Avenue
Besides die loss of the �i�w(s) and mature tiiee,s - there are other concems wi� d�e properly
being sub divided.
1) Wid� the gcading of �e land, what considerations are �ere for develapment
and possible issues with �e lands at the lower section of the lot �at borders
our South seetion? Will there be exha, stoIIn nm off that could potentially iwn
the land ancl deteriorate the r.:ll with erosion if �e tre� and narivaZ grasses are gone? In
addition, could �is aLso nuin the land and cause erosion to �e surrounding properties?.
2) While new construction can mean extra money to � City far pmperty fiaxes -
what about �e current residents? We are not prepared, nor believe that we
should bare the extra costs incarred through assessments for the added water
and sewage lines that will be nceded to suppart additional residence in �e neighborhood.
We want to be asstu-ed that assessments for any improvements
be charged to the developers.
We do understand why developers would choose to expand in our neighborhood,
in a seller's marlcet there is much rvom for financial gain. However, we ask you to cor�sider all
that could be given up if this sub division of three lots were to be approved We want you to '"
preseive and protect the nat�ual environment wi�in this neighborhood.
Most Sincerely,
Cathy Miller & Thomas Steifer
5950 Benjamin Str�eet NE
Fridley, MN 55432-5805
(612)571-4762
76
09/06/99 TII8 08:52 FAX 6126681320 $DISON H.S.
Ju�y 6, i�
Scott Hickok
Fridley Municipal Center
City Coimcil
6431 Univeisity Avenue NE
Fridley, NIN 55432
Dear NIr. Hickok:
RE: Sub division of properly located at 1583 Gardena Avenue
I am writing �is letter against �e proposed sub division of the property at 1583 Crandena
Avenue.
Why nun our neighborhood? The oak irees are priceless. I cannot believe fl�at
the City Council would appmve of �eir removaL
My children play in this area, our Boy Scout Den has had countless den
meetings in die area. They use diis area to explore and identify the �iees,
leaves, wildlife, etc. not only for the Boys Scouts but also for their school
ProJects. This area is used all year round
I want our chilc}ren to continue to enjoy �is area. I want my grandchildren to
enjoy this area, Please don't desiroy it
Sincerely,
Vicld Hamilton
5990 Oakwood Manor
Fridley MN 55432
77
07/06/99 TUE 08:52 FAX 6126681320 EDISON A.S.
July 6,1999
Scott Hickok
Fridley Municipal Center
City Council
6431 Univeisity Averrue NE
�'ridley, MN 55432
Dear NIr. Hickok:
RE: Sub division of property located at 1583 Gardena Avenue
I am writing this letter againsrt d�e proposed sub division of the property at 1583 Gardena
Avenue.
I am a Boy Scout Den Leader. My den has enjoyed �e area you are thinldng
about destroying far the past few yeais. They have been able to identify �e wildlife we have
found there, d�e tracks of various animals who have visited the area and have talked about the
life of the oak trees. How to identify �e kind of
t�e it is, how old it is, etc.
There are 24 mature Oak trees on the property, not including any fiees_ fl�at
border the property. If you build a house(s), these would have to be destroyed
I do not believe this area should be destroyed Please do not approve the sub division of this
property. Thank you
Sincerely,
James Hamilton
5990 Oakwood Manor
Fridley MN 55432
:
Marjorie M. Rolland
1561 Gardena Avenue Northeast
• Fridley, MN 55432
612/571-0919
June 27, 1999
Mr. Scott Hickok
Planning Coordinator
Ciry of Fridley
6431 Universiiy Avenue NE
Fridley, Minnesota 55432
Re: Proposed division of lot at 1583 Gardena Avenue NE
Dear Mr. Hickok:
I have received your Notice of Public Hearing regarding the above-proposed
subdivision. I have lived at this address since 1973 and have seen many improvements to
the homes and neighborhood. I question whether the eyisting lot can be made into three
buildable lots. I would also like to be advised of the plans for the lots after they are divided.
Please advise.
MMR;mof
Sincerely,
Marjorie M. Roliand
79
/ AGENDA ITEM
� CITY COUNCIL MEETING OF AUGUST 9, 1999
CITY OF
FRIDLEY
lNFORMAL- �TAT�US REPORTS
:�