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AF - 35347.d� .� � � � c�� of F�.a�ey, �.. BUILDING PERMIT N° 4 313 /��° � _ Date- -------------__.._......._._.._..._�..�--_.� ..._�__..._..�...---.__.. Owner: ..............--------------...........-•------------._..............___.....__...........---....._--•-------- Builder -�c..°..............--------�-----..........._sJa�sy«.e�.----._.__......_.._.._._�._.... Address....._..--•---------......_...._.......__._......_...._......_..._......_..._._..._.._..._._._. Address LOCATION F � IL ING No. ...J...��... Street .._.�.� ..._..------- -r- .�..:�� --_ Part o Lot ._..._.......-•_-_. F:....:.._._r ........................ . ... . Lot ......� ............. ------... Block ....._..-/--��----..............----.....----_..Addition or Sub-Division ..��.?......�a�... -----�- -- --�---•----....._.._......------ � � � u Corner Lot ..j.( .................._........ Inside Lot .....----............................. Setback ... ��..—_�............ Sideyard ��- •-.�--�-------�---........---............--�---•---••--- SewerIIevation .--�--...--•---....._ ............._............._.......---�------..................-�-�----��------- Foundation Elevation ..-�-�---•--...---�----�-•--�-------_.........._....................--•------.....--••------ To be Used as: �Cf2.� . .......a_ ....._....-��--�--• Type of Construction DESCRIPTION OF BUILDING �f o � 6 tv / r � i� ��'° Front __�7_'...�' _� Depth ..c��.�..p � Height ._l...�`_� Sq. F� -� �---�� Cu. F� �.�,-/---�d Front....-----....- -. Depth ...._._....... . Height ......_ ................ Sci. Ft. ...............-...... Cu. F� ....._............._.. � .........................................._....... Es� Cos _.._��j�3�--� To be Completed .----............................_......._........ In coasideration of the issuance to me of a permit to construct the building described above, I agree to do the proposed work in accordance with the description above set forth and in compliance wltan all provisions of ordinances of the city of Fridley. _ , � .�- �1 ('� �� i In consideration of the payment of a fee of $...�t ............. . permit is ereby grante :...._.-•-.---••--.---..........._..--••---------•-------- ...._.._...._-------_......_----------------..........._..-•--- to construct the building or addition as described above. This permit is granted upon the express condition that the person to whom it is granted and his agents, employees and workmen, in all work done in, around and upon said building, or any part thereof, shall conform in all resgects to the ordinances of Fridley, Minnesota regarding location, construction, alteration, maintenance, repair and moving of buiidings within the city limits and this permit may be revoked at any time upon violation of any the provisions of said ordinances. � _ _ � Building Inspector (dOTICE: This permif does net eover �he tonstruetion, instailation for wiring, plumbing, gas heafing, sewer or water. Be sure fo see the Building Inspector for separate permhs for fhese items. _ �� , � a BUILDING PLANS APtI� SPECIFICATIONS ., SGAt�.�". i��%� O �� S � � i � �, � � � �� # , � � . s Im f' * -rr � 0 ` >! � � � * s R�� 1 �� ..�.�.. ESTABLI81iED 1926 ��J�� M. .l. �EI�SCHEID .. 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Y� �I 4 � 0 � �q � ��. � I CQ R'' Ul ,_ e, �.rv�� ,' �; . � , bd N H' W� c�"�D � �. , ��R' _ r � � ' �r :: - I � � � � , , . � � ° � � ° � ��o . . � �'" a I � � � � �j CD H - � � � ° 9� �� ' � o � � I � ' � e$ r ►, F. � � P rS' I �' \�� b I � � � €� �' , . ,� �� , ��.�sT , __ _ _ �� . � �.-�a �� ,� � � y _ n:s6 .. W . _ 4 Z � ° �S`�3 _ � HEAT LOSS CALCULATIONS DEPARTMENT OF BUILDINGS �B'��„�;,� FRIDLEY, MINN. Weatherstrips , A.S.H.V.E. Construction No. Ia�ulation Guide Windows I Doors Reference Out. Wall Int. Wall Ceiling Roof Floor Kiad How Applied Yes—No Yes—No 19_ Fl.� �� Room � Length Width � Height �j Fl.� �, Room Leagth �-�'Widt6 /�t Height� Windows and Doors—Crackage and Area Windows and Doors—Crackage and Area 1Vldth Helght No. ot Llneat ft. Ares Wldth Halght No. ot Llneal tL Area No. ot pane ot pane Ifghte of crack eq. tt. No. ot pane o[ Dane lfghte of creck ea. [t. y/ li � ��y_ � ✓ �f1� ✓ O % .�. �i �' � aa- 3 � f irs �_a Infiitration �� Glaas ,Z � Fap. wall � Net exp. wall � Int. wall �f � Ceiling � Floor �(' , Total Btu. Required sq, ft. E.D.R. or aq. ins. W.A. Leader area Fl.� ��/�� Room � Length � m Width � Windows and Doors--Crackage and Area Wldth Helght No. of Lfneal Lt. Area No. ot Dane ot pane Ilghte ot crack ea. tt. ' In6ltration � Glasa Exp. wall Net exp. wall Int. wall Ceiling Floor Total Btu. Btu � � � .,�� Infiltration 2-� � ° Glaas � �l �! V Eap. wall �d��. � Net eap. wall � �� ,t. wall �.� f� �,,. ,�,,, �� Ceiling � � � Floor Total Btu. -�� ` Or�� Required sq. ft. E.D.R. or sq. ins. W.A. Leader area ,�F1. � Room � Length ,f . R/idth �� Height%% ,. Windows and Doors—Crackage and Area Wldth Helght No. ot Llneal [t. Ares No. of Dane o[ pane Ilghts ot crack sQ. 1t. � � P�S � � � a N'�' 2rl 2 30 �-$ � � 3 /� . 3. Coef. Btu lnfiltration ,�'p � �� e Glass Exp. wall � Nec eap. wall �. wall �s Ceiling Floor Tbtal Btu. � °o ircd sq. ft. E.D.R. or sq. ins. W.A. Leader area C � Required sq. k. E.D.R. or aq. ins. W.A. l.eader area � Ft.l Rocm 1�Vindows and Doora--I , Wldth Helght . No. ot aane of vane Width and Area neal tt. Aren ' crack ea. it. Infiltratioa Glaaa Eap. wall Net ezp. wall Int. wall Ceiling Floor Total Btu. Required aq. fG E.D.R. or aq. ins. WA. Leader area F7.� Room I L.ength Width R/indowa and Doora--Crackage and Area Width Helght No. o! Llneal tt. Area No. of paae o! paos lights ot crack sa. [!. Infiltratioa Glass Eip. wali Nec exp. wall Int. wall Ceiling Floor 1'otal Btu. Required aq. k. E.D.R or sq. ins. WA. I.eader arra Bcu .��–.�i �� Btu � ,�,.:,'• ` -` � ��' �- f �� T� �/,Q �/�. � / / � �� .�' �J C Q , � a Dd6 • .• i_.,az �� .��• � � �.a'� �C�G'r',�ac'a�, '�' �� / ��s � � �' HEAT �,LOSS CALCULATIONS DEPARTMENT OF BUILDINGS � ��6LEY, MLNN. Weatherstrips A.S.H.V.E, Construction No. Insulation � Guide Windows I Doors Reference Out. Wall Int. Wall Ceiling Roof F7oor Kind How Applied Yes—No Yes—No 19— � Fl.� Room � Length � Width �'i. Height `'. Fl.� Room Length �� Width /t� Height �'! Windows and Doors—Crackage and Area Windows and Doors—Crackage and Area Wldth Helght No. ot Lineal f. � Area Wldth Hetght No. ot Lfneal fL Area No. ot yane o[ Dane IiBhta ot crack eq. ft. No. of pane ot pane Ifghte ot crack eQ. ft. � f� . �' /l s • � �L � i /f � � �r� ��— l' �/ � � � �i�- � � A! i ��. �� Coef. � Btu Inhltration / Glaas � Exp. wall Net exp. wall �+ , � Int. wall ,[ Ceiling l � J Floor �( Total Btu. Required sq. ft. E.D.R. or aq. ina. W.A. Leader area • F7.� �� Room � Length /� VUidth �, Windows and Doors—Crackage and Area WIdLh Helght No. o[ Lineal Lt. Area No. of pane ot pane 116hte of crack sQ. tt. �4--„�. �� l� �° ° _.,--.....r Coef. � Btu � � Iafiltration d � Glaaa p ' � Exp. wall / �-� Net exp. wall // � �e Int. wall %� "�r — — Ceiling /�i �,,�e Floor '( ��-- Total Btu. I Required sq. ft. E.D.R. or aq. ins. W.A. Leader area Fl. Room � Length � Width � Height ,�� Windows and Doors—Crackage aad Area Wldth HelBbt No. ot Llneal tt. Area No. of psne ot pane IfBhte ot crack sq. tt. I In6ltration Glaas Exp. wall Nec eap. wall lnt. wall CQ111I1$ 1� loor Tbtal Btu. Reauired aa. _� - '� � r :�� s. �� _ .� �0 �� " _. .y: ��. �� = - �, ft. E.D.R. or sq. ins. W.A. Leader area ! Infiltration Glaaa Eap. wall Net eap. wall Int. wall Ceiling Floor Total Btu. �� s� �� _�� —�� J / % �� r� �� , . � T �. ft. E.D.R. or aq. ias. W.A. Leader area FI.I eC.� �r /`'y Room I Leagth �� Width / 2 1Vindows and Doora—Crackage and Atea Wtdth Height No. ot Llneal ft. Area No. o[ Dane oL pane ligbte of crack eq. fL �.� � � ��, � � � Z r� 2rPs' � � . � �. � �9,� � � /� In6ltration � � D � Glaas ' � �_ E�p. Wau 3�y �� ---� Net eap. wall � � / C ipt. Wau � � — — Ceilins � / � � � C�., Floor � ,� Q 'fotal Btu. Requued aq. ft. E.D.R. or aq. ins. W.A. Leader area / F7.� � Room I L.ength / Width /� Height � Windows and Doora—Crackage and Area Width HeiBbt No. ot Llneal ft. Area No. ot pene ot pane Itghts of crack sQ. tt � �� zv� �. 7 � �+� Infiltration � g e Glasa ��f Eip. wall /��'f , Nec exp. wall /� � / Int. wall ')! Ceiling �' � Floor a Total Btu. Required aq. h. E.D.R. or aq. ins. WA. I.eader area � � � . �. � � � - :_ j �, � '.�"� f . �y�. � . ��" `': . ;� <- R ``S^� ti.` "k';r �.�y �t. � �'. . - _ '1 " � �1K � ,..,�.k. . . ' _ r-R . _� ... , � � : w. 8'�z. - � "�. �' x . ae""C" � v�v �:a �� .. s�� b� ;��.r .. -�- � �- . "�:`%.�-g:; . .. 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' � -_-REGULAR COCrN�:IL riEETING OF .JU1.Y 2, 1 y73 . Pt'lGE 16 �ONSID�RATIOh t)� A��0 DAY �:a:�::SIO:� C1� .�::1Li)IN�.. I'I:RMITS - Wt1Li. �Oi'�Rr1TI0v: The Ci.ty Atturney said ti:urr are a r�uiubCr of cuwnhou�e permit� and apartment permits 18sued �nd there may be a sewer pr��leia with tryin� t.� cunv�:rt the permits to all townhou$es. He said it is his £eeling the permits sho�.,ld be rc:vi.sed and issued for �he all towciiiouse aE:vel�pmc:nt ,�nd ��ii ttie same basis pc:r pernit. tJe said there is a difference in the insp�ction c�ti<�r �as oz :in apartmenc ancl ., t c�wnhause in the City. He said he thuught they shauld make application tor new pe�caits. Cqun,cilman 6reider questioned the dif�er��nce in SAi charges tiiat this action may cr��te. He questioned if this could be done, The City Attoxney said the permits wf�re issued with the cc?nsidt•�ration that Che construc- Cion would be done in a proper and re:a��tiable time. He said ha I�ad so�ue queytion i� Chis would be proper with the Metro Sewer Board. . Councilman Breider s'aid if this brought Chem to a higher levei, he did nat think the�e would b� any qu�lr.is about it . MO�IC�N by Councilman Utter to approve tt�e extension of the bsilding permits for the Wall �orporati,on. Seconded by Councilman Starwalt. Upon a vuice vote, all voting aye, Mayor Lieb1 declared the motion carried t�nanimuusly. DTSCUSSION REGARDING BACK YARD DItAINAGE PROBLEM IN T1� BEN.iAMItv 5TtZEETI60TH AVENUE ARE�: ij� �� MOZ"ION b� Councilman Nee to receive th� communicatioi� fr��►n llr. Robert L. �Erickson, �� 5950 Ben amin St., dated .7une 29, 1973. Seconded by Councilman ;,tarwalt. Upon a voice vote, all v�ting aye, �layor Liehl declared the �u0t10Y� carried u11dnlmously. The City Engineer said ttiere are two routes Lhat cuulci be taken, but t►r. felt GounciTman Skarwalt could get the feeling of the area peuple and cun,ider ii a public tiearing on the matker is necessary at this time. He said he had not. planned to complete the system for awhile. Cauncilman Utter r�ferred to the meeti.ng of a year ago and asked ;�hy this had aot �eer, taken care of at this time. Councilman $reider said th�: street is draining on the property, Councilman Utter � asked if Benjamin Street �as built up more when the street was installed? I �he City �ngineer said this was the only pratical solution. H� added, the pe�ple I, are not ready to develop their back lots. He said this would destt�.�y ttie nature and � beauty of the area at this time. j Councilman Star�aalt said the property owner had purchased th�: property without knowled�e .o� whaC would E�appenwhEn there was a rain, He said he did not kn��w he would have tw� j or thr�e feet of water in the low area. He questioned if the problem could be taken j c�se of at this ti.me. Ttie Citv Engineer said the installation would have to go through tha hill and the area people ar.e not r.eady to go in and tear up the area until i� :�s devel�ped. Coucacilman Starraalt said there are two people in the area kho have m�ney escrowed. He said he had visited the site that morning and there was no water ic� the agea. Iie added, it saa[�s in rapidly. He aaid he felt there would be sorRe pi�Jb1��5 in the future in that area. Cotsn�i,lman Starw��t� ��d t}� g�o�,�� nqt favor a publfic h�ar��.ng oe� the ma�tex at th�� fii��, _.. ..� _ ,. �. .. .._., .,, _ , _ ,^-'° �CUT�R C9UNCIL ME�TING QF NLY 2, 1973 PAG'� 17 � MQT�O�+T by Coun��,j.c�an ��arwal� thaC there is no �ctian needed o�ber than receive the �� l�tt�r� a� this G�me. Seconded by Counilman Utter. Upon a voice vote, a1�, yat�.E�$ �y�' �isyo� Lieb]. decl.ared the motion carried unanimously. �US$i�1 REGARDING ACQUISITION OF AN EASEMENT FOR PROt�ID]NG AN OUTI,ET TNTO THE AREA NQ OF AxC� CREEI� ROAD; The �i�y Eagineer said ha thought the City should acquire an easement fpr the Stc�xm 9�w�x� ou�1�t in the area. The City Engineer said the property owner h�s tx�ied ta sa11 th� p��perty to dev�loper� and the sale has fallen through. He said there is� �ota� ��oo�din$ of �he �rea. He said the people of the area hav� been calling and r�qvee��r►� �rnm�Gh#,ag b� done about it. The Git�►]�ng�.neer said the Gity is at the point where they should go ou� and get fihe �x�'a appr�i�ed. Iie sugg�sted making two appraisals of the area far the acquisi��.on pf �h� �re�. fQr �. drain,age ea�etnent . Mayo� �,i�bl re�d from the Council Meeting minutes of February 2B, 1972, where it ie stated by tao�ion that the City Engineer should acquire easements for the drainage of the ar�aa. Th� �ity �a�ine�r said �11 the Council would be authorizin$ i.s [hat the appraisals �Q� th� �qu�.sitiot► oE the easoment could be made. � Ma�►o� Li�bl �ugg�ated that 1oGa1 appraisors be employ�ad. MOTION k+y �aunciltnan Utter to authorize two appxaiaals of the axe�a for a ponsling �ase�at. 9econdsd by Counciiman Starwalt. Upoa a voice vote, al]. vot�ag aye, May�x T�ielal declared the motioa ca�risd unanimouslq. Th� Ciey En�ineer said Chi� would be a pazt of the tatal de�velopment of the Stox�at S�wer devel�pmeat o� the area, U�'ON A YOiC� VOTE, a11 vatiag aye,.Mayor Liebl declared the motion carried umanicaously. ��ID�RATI(�i OF A JOINT P�TLRS AGRF.F.MFNT FfIR TATA 'D�MFCCTAT�+ /�rrnrrnn c��rc�n •wrn .�1!! 3 � n x�V�:r:�5.t,�c� (L1�UOK STORE AND INVENTORY SYSTEM) : � ' � MQTION 'by Coutt.c3.lman Breider to autharize the administrat�on to r�egotiate a�oi.nt pawers a$reement of DaCa �rocessing and also to adopt R+�solution ��80-1973. Secand� by Counci].man Utter. Upon a voice vote, al voting aye� Mayor Li�bl declared th� m�ition ca�ri�d unanimously. 1tEGULAR COUNCIL MEETTNG OF JULY 2, 1973 51-1973 - A � . v '$ PAGE � G7 ��, s � � �. �� by Councilme�n Nee to adopt Resolution 4�81-1973 authorizing and.directiag �p1lCtia� o� speci�]. assessments on Lot 2, �1ock 4, Parcel 1800, Coma�erce Park ,Add�.�ioa, $e�onded by Councflman Breider. Upon a voice vote, all voting ay�, Liebl deciar�d the motion carried uaanfmously. the Mayas REgpT,tj'��pN ��82-1973 � APPROVING THE COMPREHENSIVE LAND USE PLAN FOR TfiE CITY OF FRIDL�Y; MpTI�1 lay Cotuiailman Nee to adopt Resolution ��$2-1973, approving the Comprehensive L�c�d tJes Plan fa� th� City of Fridley, Seconded by Councilman utter. Upon �t voi,c� yote� �11 vo��.n� aye, Mayor Liebl declared the motion carried unanimousl.��. �,tE3QLUTJ�BN �683-1973 - AUTHORIZTNG NO PARKING SIGNS ON STARLITE BOULEVARD FR�613T AVENUE TQ SYLYAN T.ANE : Councilmara �reider asked what had brought up thia action? The C�ty Engiaeer said th�l� ie a&t�te Aid roadway. He said the normal State Aid Standard would add to the width o� the road. He said his recommendation would be to approve the installation o� the no parking sign and it be in3talled if there is need for it. Mayor I,ieb1 said they would not want the road to become a race track. Councilman B��i.dex aa�d hQ a�reed. The City Engineer said the road would be only 36' wide with no �a�ki.t�g signa on one s ide . MOTIQN by Councilman Bx'eider to adopt Resolution �k83-1973 authorizing no parking sign� om St�rlits Boulevard from 61st Avenue to Sylvan Lane. Seconded by Councilmaz� Utter. �Jpon a VoiFe vote, all voting aye, Mayor Liebl declared the motion carried u�animous�.y. C��iSTDERATIQN OF CHANGE ORDER #2 PROJECT #111 FOR HYDRO ENGINEERING� .�, � � H RBPATR 0 FOR LL 3: The City Bn�ineex said this could not be determined until the pump had been tak�n out. He said the original amount in the cantract had be$n $��000. He added, the adda,tional work would be approximately $4,000, MaTION by Cour�ci.lman U�ter to approve Change Order #2, Project #111, for HydrA �n�ineering, Inc. for repair of pump for Well �3. Seconded by° Counc�].man Nee. Upan a voiGe vote, all voting aye, Mayor Li�bl d�elared the motion carried unanimausly. ST TO INVITE ANOKA COUNTY OFFICIALS TO COUNCIL MEETING OF JULY 9 MOTTC�N by Councilman Breider to approve the invitation of the Anoka County Officials to the July 9, 1973 Council Meeting. Seconded by Councilm�n Utter. Upan a voice vote, all voting aye, Mayor Liebl d��laxed the motion carried unanimously. .� j i REGULAR COUNCIL MEETING OF JUNE 2, 1975. PAGE 9 �u� � Councilman Starwalt said at the expense of ruining his political career, he would not offer another motion. Councilwoman Kukowski said she would not touch it. She further explained that the Council had heen asked by three groups to put up three different signs. Councilman Starwalt said they had proposed two and one was taken out. Mayor Nee explained that the Council had taken action to install the sign on 61st and unless this action is reconsidered or repealed, the sign would have to be installed. MOTION by Councilman Starwalt to reconsider the installation of the stop sign on 61st and Benjamin. Mayor Nee DECLARED THE t�OTION DEAD FOR LACK OF A SECOND. Councilman Breider suggested that the Council try the sign on 61st for some time and direct the Police Department to study the area and stage the patrolling of the area ina way that it will not be at the same time of day. He said the work will get out that the area is being patrolled at random. He said he agreed with the residents in that they should not have to police the area and sign complaints against violators. He again said, why can't the signs be tried for some time? The City Manager said the sign would be instal DERATION OF DRAINAGE NG OF MAY 5, 1975 : � Councilman Starwalt said he was asked to make a•recommendation•to on the Public Works Director to make a presentr�tion of the plans Works Director explained the four proposa"ls as follows: ERI the Council. He called proposed. The Public Alternate B-1 has a projected cost of $20,981.25. He explaine� that this proposal •. would intercept runoff at the catch basin on Benjamin and pipe it direcily to 60th and Oakwood Manor and would not include any alteration of the low area. Alternate B-2 indicates a projected cost of $24,481.25. This is the same proposal as alternate B-1 with the addition of lowering the pipe four feet. If future development occurs in the vicinity of the low area, approximately 7,500 cubic yards of fill would be required to make use of the facility. The installation of'the energy dissipator is the third alternative with a projected c�st of $1,000. This alLernative is offered with the intent of the City to install the energy dissipator with the necessary restor�tion. ' The fourth Alternative, Alternate F, would require easement acquisition with a projected cost of $10,150.00. This plan would involve the installation of a pipe � to the low area from the catch basin on Benjamin with the addition of obtaining an easement for ponding purposes. It also involves remodification of the intersection at Benja[nin and Gardena. • , The City Manager said the people of the area have to be called in if any�hing but�the , original proposal for this area would be used. Mayor Nee asked if there would be any overlapping of assessments. The City Manager said the maximum amount for the area would be $8 per 100 square feet. • Mr. Erickson said it was not clear to him who would.pay fo r the various plans. Mayor Nee said the Cit,�ould pay for the energy dissipator from �e general funds. He said the other three propasals would be assessed to the district. �1r. Erickson said Froposals E and D would not be acceptable to him. He said he had tried a crude energy dissipator and it did not work. He asked if the costs on alternate F would be shared by the people• on Benjamin Street. He questioned if the residents of Benjamin Street would want to pay oat this amount for a temporary solution. Mr. Erickson said he would like to clarify a point with Mr. S�arwalt. He mentioned that Councilman Starwalt had visited with some of the residents of the area and had a copy of the petition that had been signed by those people, but attached to the petition, there was a map of the proposal for the storm sewer Mr. Erickson had suggested. He said it was the people`s impression that this map haC accompanied the petition and it had not. Councilman Starwalt •explained that this is the way he had been presented the material from the administration and he was also under the impression that it had accompanied the petition, but it had not. � I Mr. Erickson questioned the method used to draw the drainage district. Ftayor Nee said this is done by means of a topographical map. He said they are willing to testify that the water � I does drain in the direction indicated by the district. Mr. Erickson said this matter , had been discussed in the past and he did not think it would be worth the Council's time '' to talk about this at the present time. He said he was present at the meeting to see if e � . \ 210 � REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 10 the City was going to do something about the restoration of his property. He said he had repeatedly tried to get an answer before beginning legal action against the City. MOTION by Councilman Starwalt to set a public hearing to discuss the various proposals for the installation of the storm sewer in the Benjamin area for July 14, 1975. Seconded by Cou�cilwoman Kul:owski. Mrs. B. L. Lillemoen, 1583 Gardena Avenue, addressed the Council and questioned what was in the various plans. Councilman Breider said this would be discussed at the public hearing. Mrs. Lillemoen said she would prefer the least expensive project. Mayor Nee said the least expensive project is not acceptable to Mr. Erickson. UPON A VOICE VOTE, all voting aye, IDERATI ORDINANCE GOVER Nee declared the motion carried unanimously. ES AND 3.2 BEER: The City Manager explained that �e present ordinance prohibits any intoxicatirg or non intoxicating beer and liquor in City parks. He said as the Council knows, people are using it in the parks.and the Ad�ninistration felt if there is an ordinance on the books, it , should comply with the desires of the community or it should be enforced. The City Manager explaine.d theproposal to allow the use of �.2 beer in Locke Park v�ith a permit and in Corranons Park. He said the use of 3.2 beer would be prohibited in the small size neighborhood parks. He said there had been some discussion on the part of the C�ty Council concerning thisproposal. He ast:ed direction on whether the Council would like an ordinance prepared as proposed. He thoughi this type of ordinance would allow the people to act legally. Councilman Fitzpatrick suggested that the Council approve the recommendation of the Parks and REcreation Department. Mayor Nee said he did not think this was the recommendation of the Parks and Recreation Departmeni. Mayor Nee said the motion on the part of the Corranission was to enforce the ordinance. Councilman Fitzpatrick said this is not what the CIty Manager had said. ' 7he City Manager pointed out that•earlier in the discussion the members of the Commission had stated that they believed that this would be a feasible change. He said the ordinancE would provide the mechanics for selected activity that could be permitted. Mayor Nee said the proposal had been received by the Public Safety Director. Mayor Nee referred to the motion in the minutes of the Parks and Recreation Commission and said P1rs. Shirley Caldwell had said that she would agree to this modification and voted for the motion to enforce the law. Mayor Nee said he would like to see 3.2 beer be allowed for neighborhood picnics in small parks. The City Manager said this could.be provided with a permit from the City Council. Mr. Ken Sporre questioned the use of the smaller parks in the softball tournaments sponsored by the Jaycees. He mentioned that Commons is not large enough to accomodate the entire tournament so the smaller parks are used. He quPStioned if the proposal did not include the smaller parks, could this be continued. He said theway the ordinance is now, they can sell beer at all of ihem. The City Manager said this is all against the current ordinances and the police are loaking the other way. The City Attorney said he didnot care to say anything about it at all. Mr. Richard klarris, Chairman of the Planning Commission addressed the Council and asked if.there was some provision in the estate for Locke Park where this would not be allowed. Mayor Nee said this prohibits the use of intoxicating liquor, not 3.2 beer. Mayor Nee again said he would like to see 3.2 beer permitted in the neighborhood parks. He said he would like to see the ordinance brought back with this type of amendment. The City Manager said it would be possible to serve, but not sell in the,other neighborhood parks. Mayor Nee said yes. The City Manager said this would be brought back for the first.reading with this type @f modification. The City Attorney said the person would have to submit the proper application.to the City and the City Manager said yes. MOTION by Councilman Breider to bring the ordinance back for first reading at the next regular meeting , June 16, 1975, w�th the provision that 3.2 beer wiil be allowed in the neighborhood parks upon application to the City Council for approval. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor t;ee declared i:he motion carried unanimously. k- __ _.. _---- _ _ CI"IYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE (612) 571-3450 July 24, 1987 � ' Mr. �+o�n St�eif er 5950 Benjanin Street N.E. FYidley, NY�1 55432 Re: Drainage Correctian at 5950 Benj�►in Street N.E. Dear Mr. Steif er : At our meeting on Wec�esday, July 22, 1987, we agreed that the City would assist you with the drainage prolalen �der your drivaaay by installing a new cvlvert under the driveway, connecting the north end to the culvert from Benjanin Street, and installing a 90° elbaw on the south end to dissipate t-he ener� of the flawing water. We will also patch the asphalt in your drivsaay where the n�v cu].vert is to be installed. 7he tnderstanding in our agreenent is that all maintenance of this culvert, including cleaning of the outlet, is your responsibility. We are requesting that you indicate your o�ncurrence with the agreement by signing this letter as prwided belav. Zhe City crews will prooeed with wnstructioaz of this culvert as soon as we reoeive your c�onc�urence. Please feel free to oontact me at 571-3450 if you have any questions on this matter. Sincerely, � � I�fRK L. BIk�EI Asst. Public Works Director I am in agreenent with the oonditions outlir�ed in this letter. � %-Z� �� M STE �E ;:; ' _ C��iYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 December 3, 1990 • Thomas Steifern 5950 Benjamin Street N.E. Fridley, I�i 55432 RE: Property at 5959 Benjamin Street N.E. Dear Mr. Steifern: On July 1, 1990, the City of Fridley began a new program called Systematic Code Enforcement. This program is designed to provide fair and equitable code enforcement, improve the City's appearance, and maintain property values by creating a more attractive suburban environment. Under this program, all properties in the City will be inspected approximately once each y�ar to ensure that they are in compliance with the Fridley City Code. A recent inspection of your property revealed that not all Code requirements are presently being met. Listed below is an item which does not comply with the Code: 1. Fridley City Code requires that all vehicles must be currently licensed/street operable and kept on a hard surface parking area, or stored in an enclosed structure. Observed car covered by tarp in driveway which is not in compliance with any or all of the above requirements. Your prompt attention in correcting this problem would help us in our effort to improve the City. A reinspection will be conducted on or about December 20, 1990, at which time compliance is anticipated. Please call me at 572-3595 if you have questions or wish to discuss this further. Thanks for your cooperation! Sincerely, Steven Barg Code Enforcement Officer SB:ls C-90-1028 ..� -� ' Engineering Sewer Water � Parks Streets Maintenance MEMORANDUM TO: WilAam W. Bums, Ciiy Manager r��'"� PW93-144 FROM: John G. Flora,�ublic Works Director DATE: Apri) 21, 1993 SU B.1 ECT: Drainage Correction - 5950 Benjamin Street At the TCAAP interconneat waterline meeting of Ap�il 20, 1993, Ms. Cathy Miller present�J a statement regarding a back yard flooding problem associated with the Benjamin Street improverr�ent as well as discussing this problem w�th Counctlman Schneider. Tom Steifer and Cathy Miller reside at 5950 Benjamin. Both attended the meeting. Upon reviewing the issues regarding this property, I checked the files and found that in 1987 the City initiated some improvements for the property and obtained the property owner's agreemerrt to those conditions. Based upon the agreement, the owners are responsible for maintaining the culvert and aleaning the outlet to the culvert onto the property. Accordingly, I would assume that the City has no additional responsibllity with the storm water runoff which continues to drain to the large depression on the property. JGF:cz ' c17YOF FRIDLEX AUG 0 9 1993 Trimble & Associates, Ltd. Attorneys at Law 701 Building 701 Fourth Avenue South Suite S00 Mumeapolis, Minnesota 55415 Telephone: 612-337-9500 Telewpier: 612-338-0359 ❑ R�iy � Old Bank Building 2006 F'ust Avenue North Suite 207 Anoka, Minnesota 55303 Telephone: 612-421 �1271 �Te.,�l ier:612-421-4355 L'_T Reply co IOth Floor Kensington, Swan Building 22 Fanshawe Sireet Auckland 1. New Zealand Telephon� 011-649-575-5090 Telecopier: Ol 1-649-57511066 0 x�iy w 4 West O�ccs Saite 140 Bemidji. Mumesota 56601 Telephone: 218-759-4847 ❑ xe�►�y w Olympic Place 7825 Washington Avenue South Suite 525 Edert Prairie, Minnesota 55439 Telephone: (612) 943-0915 Telec�opier: (612) 944-8064 ❑ Reply co Orchard Park 6381 Osgood Avenue Nonh Sdllwatea, Minnesota 55082 Telephone: 612-03 0-3247 Telecapier: 612-430-0714 ❑ Reply to Community Center Walker, Minnesota 56484 Telephone: (218) 547-2700 ❑ Reply to August 6, 1993 Mr. John G. Flora Public Works Director FRIDLEY MUNICSPAL CENTER 6431 University Avenue NE Fridley, MN 55432 Re: 5950 Benjamin Street NE, Fridley Dear Mr. Flora: I write on behalf of Thomas Steifer and Cathy Miller, ow�ers of the above prope�ty, concerning the storm water pipe that empties into their backyard. The Millers demand that the City of Fridley cease its drainaqe of storm water across their.property. That drainage renders a large portion of the property difficult to use. The Millers request, as they have in the past, that this. drain be connected to the City's storm sewer system. Residents in that area were assessed several years ago for the cost of a storm sewer connection. It is our understanding that those funds are escrowed for precisely the storm sewer connection that the Millers have been requesting. Whatever the solut�on to this problem, ti�e drainage across this property must cease. Please zespond to this request on or befare August 17, 1993. Also, we ask that you make available for inspection all documents concerning the above property by the same date. Sincerely, .. � �\ Charles R. Shreffler TRIMBLE & ASSOCIATES, LTD. CRS/df cc: Mr. Dennis L. Schneider TY�omas Steifer and Cathy Miller �.�� - � ,� � C[TYOF FR[DLEY FRIDLEY MUNIC[PAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287 August 23, 1993 Charles R. Shreffier Old Bank Building 2006 1 st Avenue N, Suite 207 Anoka, MN 55303 Subject: 5950 Benjamin Street NE, Fridley Dear Mr. Shreffler: PW93-180 This letter is in response to your letter dated August 6, 1993 regarding the Thomas Steifer and Cathy Miller residence at 5950 Benjamin Street. °� In your letter, you demand that the City of Fridley cease its drainage of storm water across their properly. The natural drainage in this area has always flowed to the large depression at the rear of the identified property. In 1987, the C'rty initiated some drainage improvements at the property at Mr. Steifer's request for culvert repair and driveway improvements. Your letter also indicates that an escrow of funds have been established for storm water improvements. Our records indicate that those storm water funds were released in 1984. As a result of the City's development, the storm water system has been allowed to dissipate within various depressions in the City or into surtace water creeks and rivers. In this specific area, a portion of the drainage system was designed to utilize the depression located at the rear of the property at 5950 Benjamin Street. The City is not responsible for this depression and has not initiated action to divert any other waters into this natural storm water flow. Accordingly, it is not possible for the City to cease its drainage of storm water across the property at 5950 Benjamin Street. Sincerely yours, ��.� .-� John G. Flora Director of Public Works JGF:cz cc: Virg Herrick Trimble & Associ�tes, Ltd. 701 Bnilaing 7Q1 Fonrth Avenue Sc>uth Suite 500 Miflneapolis, Minnesota 55415 Teleghone: 612-337-9500 Telecopier: 6 f 2-338 -0359 ❑ A�� Old �a�k B�dYng 20Q6 First Avenue North Snite 207 Anoka, Minnasota 55343 Tele�one; 612-421-427i Tele�e¢ier: 612-421-4355 L'i�Reply to lOth Floor Kensington, S�var� �uilding 22 Fanshawe Street Anckland 1. New Zealand Telephone: 411-649-575-5090 Telecopier: O l 1-649-575-0�066 0 x�iy � 4 Vy�t Ofitces Suite 140 Bemidji. Mimesota 56b01 Telephone: 21 �-759-4847 ❑ R�iy c� Olympio Place ?$ZS W�shin�ton Avanue South Suite 525 Eden Prairie, Minnesota 55439 Telephone; (612) 943-0915 Telecopier: (612) 944-8064 ❑ R�iY � Orcl�ard Park 6381 Osgood Avenue Nort}t Stillwater, Mumesota 55082 Telephcme: 612-430-3247 Telecopier. 612-430-0714 � x�y � Community Center Wallcer, Minnesota 56484 Telephoae: (218) 54?-27� ❑ Reply ro Attarneys �t Law August 6, 1993 Mr. John G. E�'lora Puhlic Warks Director FRIDLEY MiJi+iICIpAL CENTER 6431 LTniversity Avenue AiE Fridley, A4N 5�432 Re: 5950 Benjamin Street AiE,_Fridley Dear F�ir . Flora : I write an behalf of Thomas Steifer and Cathy Niiller, o�ers of tY�e above property, conc�rning the storm water gipe that �mpties into their backyard. The Millers demand that the City of Fridley cease its drainage of storm water across their property. T�iat drainage renders a large port�.on of the property dif�icult to use. �'he Millers request, as they hav� in the past, that this drain be connected to the City's storm sewer system. Residents in that area were assessed several years aqo for the c�st of a stor� sewer connection. It is our uncierstandinq that thase funds are escrowed for precise3y the storm sewer connection tiiat the Millers have been requesting. in�hatever the soluti.on to this problem, t�iie drair�age acrass this property must cease. Please :respond to this request on or before August 17, i993. Also, we ask that you make available for inspection all documents cone�rr�ing the a�ve property by the same date. Sincerely, � Charl�s R. S�reffler fiRIMBLE & ASSOCIATE�, LTD, CRS/df cc: Nlr. Dennis L. Schneider Thomas Steifer and Cathy Miller �ti.�, I ', . , '� �' I �//�v /�3 0. � 7•e °�J /� � �. I u i p I I � n��.�� 1.. $�.e�/r� yv� I '. �/fK 07—� (/< ec �alr� Gt s� cJ B �i y �' /'!"t!J o ru yQ , �.,�.�/c,/ � ��i�r� �,,s,,,7� /7 /59,3'. � � sR% / � � � j cjpPr'"'c 0" a.,// /ar Ci�� ^S c �'� Tq�! ah ..� I ,� y� �✓/� � �,.. � • 1?� :�l �'�`4;�� % ��.. S �' � J 9�"��c... as'�' �� e 0 �` J�'!'ti�*- /',� ��'� � � . C�-��/�" �-��, ��-��''" _ Engineering Sewer , Water Parks Streels Maintenance MEMORANDUM � TO: William W. Bums, Ciiy Manager FROM: John C. Fiora,"�Public Works Director DATE: April 21, 1993 SU BJ ECT: Drainage Correction - 5950 Benjamin Street PW93-144 At the TCAAP interconfiect waterline meeting of April 20, 1993, Ms. Cathy Miiler presented a statement regarding a back yard flooding problsm associated with the Benjamin Street improvement as well as discussing this problem with Councilman Schneider. Tom Steifer and Cathy M�Iler reside at 5950 Benjamin. Both attended the rr�eeting. Upon reviewing the lssues regarding this property, I checked the files and found that in 1987 the City initiated some improvements for the property and obtained the property owner's agreement to those conditions. � Based upon the agreement, the owners are responsible for maintaining the culvert and cleaning the outlet to the� culvert onto the property. Accordingly, I would assume that the City .has no additional responsibiliiy with the storm water runoff which continues to drain to the large depression on the property. JGF:cz / � cmroF FRIDLEY % - _ CITYOF FIZIDLEY CIVIC CENTER • 6431 UNIVERSITY i�VE. N.E. FRIDLEY, MINNESOTA 55432 •�PHONE (612) 571-3450 July 24, 1987 � Mr . �an Steif er 5950 Benjamin Street N.E. FYidl ey, r+Y�1 55432 Re: Drai�age Correckion at 5950 Benjamin Street N.E, Dear Mr. Steifer: At our meeting on Wec�esday, July 22, 1987, we agreed that the City would assist you with the drainage prohlen tnder your drivsaay by installing a new culvert tmder the driveway, connecting the north end to the culvert from Benj amin Street, and installing a 90° elbaw on the south end to dissipate the enerc� of the flawing water. We will also gatch the asphalt in your driveway where the new culvert is to be installed. '�e inderstanding in our agresnent is that all mairitenance of this culvert, including cleaning of the outlet, is your responsibility. We are requesting that you indicate your ooncurrence with the agreement by signing this letter as prwided belvw. Zhe City crews will proceed with -oonstruction ot this culvert as soon as we reoeive your �ncurrenoe. Please feel free to oontact me at 571-3450 if you have ariy questions on this matter. Sincerely, � �� Nf�RK L . BI�RCH Asst. Public Works Director I am in a eanent with the oonditions outlir�ed in this letter. . � •,,. 7-Zy- �-� DATE 0 � � MEMORANDUM TO: John G. Flora, Public Works Director ' PW87-245 FROM: N1ark L. Burch, Asst. Public Works Dixector DATE: July 22, 1987 SUBJECT: S'�� ' �P�� at 595Q Benjamin Street Rusty and I met with Mr. 'S�t 5teifer t�,e p3roperty owner at.5950 Bexijamin St. Mr. Steifer has a private culvert u�der i1i.s driveway whieh carries starm water f.xcsn Benjamin St. and this culvert has failed. We will be assisting Mr. Steifer by replacing the cul.vert, installing a 90� bend on the �t1et to dissipate the energy of the water and patching the driveway where the pipe crosses. Mr. Steifer agrned with our plans as we explaisied them to him today and Rusty thought that his rrews shou�.d T� able to c�nplete the work by next weelc. 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Is'ls1v0� W y N > I S� � 5v � � �� D 2��,�-�� G��t �--c_ �r� 4 ^t�n 'i � _ ___ ___ _ _ __�_ _-- -.__ _--- ____� __ _ _ __ �-�i �-/�' �' �✓ f r G�C.v �o �� C2�� v hr SEP � 0 1993 , Trimble & Associates, Ltd. 701 Building 701 Fourth Avenue South Suite S00 Mirmeapolis, Mirmesota 55415 Teleghone: 612-337-9500 Telecopier: 612-338-0359 ❑ Repty w Old Bank Building 2006 Fust Avenue North Suite 207 Anoka, Minnesota 55303 Telephone: 612-421 �271 .T�el� pier:612-421-4355 Lrl x�ly � lOth Floor Kensington, Swan Building 22 Fanshawe Street Auckland 1, New Zealand Teleghone: Ol 1-649-575-5090 Telecopier:011-649-575-4066 ❑ x�iy � 4 West Offices Suite 140 Bemidji, Minnesota 56601 Telephone: 218-759�847 ❑ x�ty c� Olympic Place 7825 Washington Avenue South Suite 525 Eden Prairie, Minnesota 55439 Telephone: (612) 943-0915 Telecopier: (612) 944-8064 ❑ Reply to Orchard Park 6381 Osgood Avenue North Stillwater, Minnesota 55082 Teleghone: 612-430-3247 � Telecopier: 612-430-0714 ❑ Reply to Community Center Wallcer, Mumesota 56484 Telephone: (218) 547-2700 ❑ Reply to Attorneys at La,w September 9, 1993 Mr. William W. Burns City Manager CITY OF FRIDLEY 6431 University Ave. NE Fridley, MN 55432 Re: Thom,as Steifer and Cathy Miller v Ci f F 'd�,le,y Dear Mr. Burns: Enclosed is the Summons and Complaint and the Notice and Acknowledgment of Service by Mail in the abo�e-noted matter. This suit cpncerns the discharge of storm water runoff onto the plaintiffs' property at 5050 Benjamin Street. Sincerely, Charles R. Shreffler TRIMBLE & ASSOCIATES, LTD. CRS/la cc: Thomas Steifer and Cathy Mr. John Flora (w/encl.) Virgi� C. Herricle, Esq. Miller (w/encl.) (w/encl.) � � STATE OF MINNESOTA COUNTY OF ANOKA THOMA3 A. STEIFER and CATHY A. MILLER, husband and wife, Plaintiffs, vs. DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO. STIrIIyIONS CITY OF FRIDLEY, a municipal corporation, Defendant. STATE OF MINN1?gpTA Tp THE AgpVE_NAMED DEFENDANT: YOU ARE HEREBY SUNII�IONED and required to serve upon Plaintiffs' attorney an answer to the Complaint which is hereby served upon you, within twenty ( 20 ) days after the service of Summons upon you, exclusive of the day of service. I� you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. Dated: J , 1993. cxvn.�xxrs.�.sun 0 TRIIKBLE & ASSOCIATES, LTD. �-%Y`� Charles R. Shreff , #183295 2006 First Avenue North Suite 207 Anoka, MN 55303 (612) 421-4271 Attorneys for Plaintiffs STATE OF MINNESOTA COUNTY OF ANOKA THOMAS A. STEIFER and CATHY A. MILLER, husband and wife, Plaintiffs, VS. CITY OF FRIDLEY, a municipal corporation, Defendant. DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO. COMPLAINT For their Complaint, plaintiffs Thomas A. Steifer and Cathy A. Miller state and allege as follows: I. PARTIES 1. Plaintiffs Thomas A. Steifer and Cathy A. Miller have, since 1984, resided at 5950 Benjamin Street, legally described as lot 1, block 1, Van Cleave's addition, City of Fridley, County of Anoka, Minnesota. 2. Defendant City of Fridley is a municipal corporation located in Anoka County, Minnesota. II. FACTUAL ALLEGATIONS 3. The City of Fridley has altered the natural flow of surface water adjacent to Plaintiffs' property, particularly storm water drainage, thereby unreasonably increasing the flow of water onto and across Plaintiffs' property. 4. The City's drainage of storm water across Plaintiffs' property has caused and continues to cause physical damage to the ��.� 1 STATE OF MINATESOTA COUNTY OF ANOKA THOMAS A. STEIFER and CATHY A. MILLER, husband and wife, Plaintiffs, vs. CITY OF FRIDLEY, a municipal corporation, Def endant . DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO. COMPLAINT For their Complaint, plaintiffs Thomas A. Steifer and Cathy A. Miller state and allege as follows: I. PARTIES 1. Plaintiffs Thomas A. Steifer and Cathy A. Miller have, since 1984, resided at 5950 Benjamin Street, legally described as lot l, block l, Van Cleave's addition, City of Fridley, County of Anoka, Minnesota. 2. Defendant City of Fridley is a municipal corporation located in Anoka County, Minnesota. II_ FACTUAL ALLEGATIONS 3. The City of Fridley has altered the natural flow of surface water adjacent to Plaintiffs' property, particularly storm water drainage, thereby unreasonably increasing the flow of water onto and across Plaintiffs' property. 4. The City's drainage of storm water across Plaintiffs' property has caused and continues to cause physical damage to the civu�ar.teie.c�, 1 property which has rendered the property unusable and which has decreased the value of the properiy. COUN'P I NEGLIGENCE 5. Plaintiffs reincorporate the allegations in Paragraphs 1 through 4 as though such paragraphs were fully set forth herein. 6. Defendant City of Fridley owed and owes a duty to Plaintiffs not to unreasonably alter the flow of surface water onto Plaintiffs' property, and to prevent any alteration of surface water flow from causing harm to Plaintiffs. 7. Defendant has failed to exercise due care by negligently and unreasonably altering the flow of surface water, particularly storm water, onto and across Plaintiffs' property. 8. Despite repeated requests, Defendant City of Fridley has failed to correct the problems caused to Plaintiffs' property by such drainage. 9. As a direct and proximate result of Defendant City of Fridley's negliqence, Plaintiffs' property has been damaged, rendering much of the property unusable. 10. As a direct and proximate result of Defendant City of Fridley's negligence, Plaintiffs' property has diminished in market value. 11. As a direct and proximate result of Defendant City of Fridley's negligence, Plaintiffs have suffered damages in excess of $50, 000. civsL�iu�exr.�as.c�at 2 ., 1' � COUNT II NUISANCE 12• Plaintiffs reincorporate the allegations in Paragraphs 1 through li as though such paragraphs were fully set forth herein. 13. Defendant City of Fridley has wrongfully and intentionally altered and increased the drainage of surface water, particular storm water, across Plaintiffs' property. 14. This drainage obstructs the free use of Plaintiffs' property and interferes with Plaintiffs' comfortable enjoyment of their property, in violation of Minn. Stat. §561.01. 15. Plaintiffs' property riqhts have been injuriously affected and their personal enjoyment of their property has been lessened by such nuisance. 16. Plaintiffs pray that such nuisance be abated. 17. Defendant's unlawful invasion of Plaintiffs' property rights and obstruction of their use and enjoyment of their premises has damaged Plaintiffs in an amount in excess of $50,000. COUNT III TRESPASS 18• Plaintiffs reincorporate the allegations in Paragraphs 1 throuqh 17 as though such paragraphs were fully set forth herein. 19. At all times herein mentioned, Plaintiffs were and still are in possession of certain real property in the City of Fridley, County of Anoka, State of Minnesota more particularly described as 5950 Benjamin Street, Fridley, Minnesota. 20. Defendant City of Fridley has trespassed upon said property by altering and increasing the flow and migration of csvnuura:aa.cco-i 3 _ � 0 surface water, particularly storm water, onto and across Plaintiffs' property without Plaintiffs' consent. 21. Such trespass continues to the present. 22. As a direct and proximate result of Defendant City of Fridley's trespass, Plaintiffs have suffered damages in excess of $50,000. COUNT IV IAIVERSE CONDFI��IIJATION 23. Plaintiffs reincorporate the allegations in Paragraphs 1 through 22 as though such paragraphs were fully set forth herein. 24. Defendant's unreasonable diversion of surface water onto and across Plaintiffs' property constitutes a substantial invasion, amounting to a taking of Plaintiffs' property without compensation. 25. As a direct and proximate result of said diversion of surface water, Plaintiffs have suffered a definite and measurable diminution in the market value of their property. 26. Said diversion of surface water has caused damages to Plaintiffs in an amount in excess of $50,000. PRAYER FOR JUDGMENT WHEREFORE, Plaintiffs pray for Judgment against Defendant as follows: 1. Awarding Plaintiffs Thomas A. Steifer and Cathy A. Miller reasonable damages in an amount in excess of $50,000. 2. Awarding Plaintiffs reasonable damages for the decrease in value of the property. 3. The abatement of such nuisance affecting Plaintiffs' property. 4• A permanent injunction preventing further discharge of surface water onto Plaintiffs' property. �.��.�, 4 _ , t 5. 6. Awarding Plaintiffs their costs, disbursements, and attorney's fees in this action pursuant to the common law and Minnesota Statutes. Such other and further relief provided by law or as the Cour.t may deem just and equitable. Dated: -! , 1993. TRII�LI. & ASSpCIATES, LTD. �� Charles R. Shreffle #183295 2006 First Avenue North Suite 207 Anoka, MN 55303 (612) 421-4271 Attorneys for Plaintiffs �� '� • � ��, � ra� The undersigned, hereby acknowledges that costs, disburse- ments, reasonable attorney's fees and witness' fees may be awarded pursuant to Minnesota Statutes Section 549.21, Subd. 2 to the party against whom the allegations in this pleading are asserted. Charles R. Shreffl 0 cmin�turaea-oox 5 _ �� STATE OF MINNESOTA COUNTY OF ANOKA THOMAS A. STEIFER and CATHY A. MILLER, husband and wife, Plaintiffs, vs. CITY OF FRIDLEY, a municipal corporation, Defendant. NOT CE DISTRICT COURT TENTH JUDICIAL DISTRICT COURT FILE NO. NOTICE AND ACRNO�NT OF SERVICE BY MAI. TO: Defendant, City of Fridley, a municipal corporation with its principal place at Fridley l+�iunicipal Center, 6431 University Avenue PTE, Fridley, Minnesota 55432. The enclosed Summons and Complaint are served pursuant to Rule 4.05 of the Minnesota Rules of Civil Procedure. You must complete the acknowledgment part of this forna and return one copy of the completed form to the sender within 20 days. SIGNING THIS ACKNOWLEDGMENT OF RECEIPT IS ONLY AN ADMI5SION THAT YOU HAVE RECEIVED THE SUMMONS AND COMPLAINT AND DOES NOT WAIVE ANY OTHER DEFENSES. You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authori2ed to receive process, you must indicate under your signature your authority. IF YOU DO NOT COMPLETE AND RETURN THE FORM TO THE SENDER WITHIN 20 DAYS, YOU (OR THE PARTY ON WHOSE BEHALF YOU ARE BEING SERVEDj MAY BE REQUIRED TO PAY ANY EXPENSES INCURRED IN SERVING A SUMMONS AND COMPLAINT IN AIdY OTHER MANNER PERMITTED BY LAW. If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the Complaint within CML�?IILLE3,ACR 1 1 � ..�,: 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the Complaint. I declare, under penalty of perjury, that this Notice of Acknowledgment of Receipt of Summons and Complaint was mailed on September,�, 1993. �:��V� Signature �- . `� i q ? Date f Sig ature ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of per1ury, that I received a copy of the Summons and Complaint in the above captioned matter at civsL�iursas.A« 2 ��i�if� �.�.z�l,d---�-'� � Signature J �� Rel tionshi to Entity/Authority to Receive Service of Process 9�c �� z Date of�Signature a. -- �?---'-- --.-:os'�— -�--- �i -� � - �� League of Minnesota Cities September 16, 1993 3490 Lexington Avenue North St, Paul, NIN 55126 (612) 490-5600 Ms. Marcy Everette City of Fridley 6431 University Avenue NE Fridley, MN 55432 RE: BR8 File No.: 11002994 Trust Member: City of Fridley Claimant: Thomas Steifer Dear Ms. Everette: and Cathy Miller /� a�''_�.a._�'=-"�e._. `°L �'�� G�" ` This letter will formally acknowledge receipt of the lawsuit filed in Anoka County District Court, entitled Thomas A. Steifer and Cathy A. Miller, husband and wife, plaintiffs, vs. ity o Fri ey, cipal o�tion, defendant. Please be advisecl pursuant to the coverage agreement contained under under Covenant #CMC 13260, with a coverage term of 1/1/93 - 1/1/94 as issued to the City of Fridley by the League of Minnesota Cities Insurance Trust (LMCIT) we are accepting defense of this case on the city�s behalf. � Please be advised the defense of this case has been assigned to Mr. Jim Golenback at Jardine, Logan, and O�Brien, 2100 Meritor Tower, 444 Cedar St., St. Paul, MN 55101-2160. Their phone number is 290-6500. This Complaint states the Plaintiffs have resided at 5950 Be ''n Street since 1984. The complaint then alieges tha�t the C ty of Fridley has altered the natural flow of surface water adjacent to the plaintiffs' property, particularly the storm water drainage, thereby unreasonably increasing the flow of water onto and across the plaintiffs� property. Count I alleges negligence, stating the City of Fridley has failed to exercise due care by negligently and unreasonably altering the flow of surface water, particularly storm water, onto and across�the plaintiffs' property. As a direct and proximate result of the City of Fridle�r�s negligence, plaintiffs' property has been damaged rendering much of the property unusable and diminishing the market value. Count II alleges nuisance. It stated the City of Fridley has wrongfully and intentionally altered and increased the drainage of surface water, particularly storm water, across the plaintiffs� property. This drainage obstructs the free use of the plaintiffs' property and interferes with plaintiffs comfortable enjoyment of their property, in vialation of Minn. Stat. 561.01. - �=_ -_ - .. , � � Ms. Marcy Everette Page 2 SEptember 16, 1993 Count III alleges trespass. This states the City of Fridley has trespassed upon saici property by altering and increasing the flow and migration of surface water, particularly storm water, onto and across the property without plaintiffs' consent. Such trespass continues to the present. � Count IV alleges inverse condemnation. This states unreasonable diversion of surface water unto and across plaintiffs� property constitutes,a substantial invasion, amounting to a taking of plaintiffs� property, without compensation. I ask that you cooperate with the defense counsel at Jardine, Logan, and O'Brien as appointed on your behalf. I also ask that you advise your city employees to refrain from discussing the subject matter of this litigation to anyone other than LMCIT and the iaw firm of Jardine, Logan, and O'Brien. In the event that there are additional papers served upon you in conjunction with this litigation please forward those items to us immediately. Should you have any questions, please feel free to contact myself or attorney Jim Golenbeck. Respectfully, � � ulie Lassonde Claims Adjuster cc: Bob Weisbrod, Berkley Risk Services Virgil Herrick, City Attorney, 200 Coon Rapids Blvd. #400, Coon Rapids, MN 55433 Hadtrath and Associates, Inc., 199 Coon Rapids Blvd. �110, Coon Rapids, l�T 55433 rs �, �a'� � � � � •�, �d��,o` �w �' ��d �g� . ,�e� �a`�• + ,.y� Q,.,a�F'�,��, �r''� X x �,'� X �s �� Cb'oot■l3 , � �I � ;� t I II � �� C �1 �' �' EL�89t9t 1NS Q7D X �l� ,� "� �t�s $� / � 74 ''�3�/� l�� x X x �i' X GRD SNT �,�. II I � P�� / � a.�,� ��x ��' S� �`� p��% t��' X�D� esvm•-p �� r{ ,p� � x� � �'l�� a.•n.v f]03 A/G l� �` —�. T Q C CLG � ~ �O+ � � � � ¢ � P � a �,� �sa� ards-ro � � � � •$,� � �+ X a°,e�as�i �� d� s�� I �p_�S �., y �x �, �, �. . �' q? � \ P �1 � corooi--� 8 p.,s`� � G� �=� �°Z �i sx ']Q3 A/Q lIS �.-- !,i S ri� ^ x� �. e� ic stt � E� � � � e� �Nj I�� %� t6�� . � .e � -� � � �� ,�e, Q'�i tNS a� x � '�b �i�, rs "o �� ce9oc■-o I�. � niW �t I �i R a� .'�' �3 A/Q lI6 �---- t� ~ � I I�� ♦�' s�Q ^ X g�� H J T D N E D Q �j��,� ��i I� � E� 8I � 4�i P� X ��O .�„ � fL�97b3 � .j�'�. �``s �..,t,� -- ¢-��.� 1�� 1� ti ,� , I�- �� k� I � ¢ I� � � `� P � bt � � � � ��$�� x �� d¢,� � •. ,�. � R !� �, � � `�i �� ^ �,�� x . � � � a.m�•� � � � 8 v� ea� �� N ti � x R�"' � 4 H ti i � � INClDENT REPORT FRIDLEY POIICE OEPARiMfNT c� � 94-39370 MN0020600 OFFENSE OflINC10ENT MISCELLANEOUS OTHER DATE REVONTED TIME NECEIVEO TIME DI3PATCMEO TiME ARRMEp TIME COt#PlETEO 03/13/94 1905 1905 1917 1937 OAfE OCCUAAEO � �u�� 03/13/94 1800 PLACE OF OCC(1qqE1VCE OR10 � 5950 Beniamin Street ,(` �� NAME OF COMP�AINANT/y1CTIM � 008 Tom Steifer HOME AOOAES$ �E 5950 Beniamin 571-4762 B11S�NESS AOORESS � REPppTEO Bv ADONESS PMO�IE o�� M T w HRO: R - raE10 P - phone A - alerm R 1 - in person Y - visual M - mail L T - other 9802 TH F S � s INC ARR JUV OFF PROP S OFFICERAS51(iNEO �� ISN UOC OISP Salewski kmw 4M42 ��M£++iv�ue: ASSISTINO OFFICE/i(S) �� pyµ VAUJB pF p/UipAOE: DP v�uue rtECOV�o: AR1iESTEO/$USPECT�S) pq pEgCq�pTlp� �. TIl1E Of AI�IEST 2 WITNESSES � ��e � t. 2. DETA1lS OF INCI�NT: AOOIT�ONAL AEP011T3: Storm drain back up �nto the complainant's yard and his four-year-oid son fell through the ice this afternoon. The complainant said that his son wasn't hurt but got wet up to his waist and was very frightened. The south half of the complainant's property is very low creating a natural drainage area. The complainant is currently suing the City of Fridley to get the city to devert the storm drain into the main sewer drain. - Copy to., Director_Sallm�.n_-i /kmw sue�ecT .P . - � c�ty of Fridley ' 2 2 7�� AT THE TOP OF THE TWINS g U I L D I N G P E R M I T r � � � � . COMMUNITY DEVELOPMENT DIV. � �� i Ly ��-, . r i � PROTECTIVE INSPECTION SEC. � i � � �"�'1 � CITY HALL FHIDLEw 55432 NUMBER REV. DATE PAGE OF APPROVED BV �.---� • •'� 612-571-3450 910-F15 8/2/94 � � JOB ADDRESS 5950 Benjamin Street NE 1 LEGAL LOT NO. BLOCK TRACT OR ADDITION SEE ATTACHED DESCR. Pt 1 j Van Cleaves SHEET 2 PROPERTYOWNER MAILADDFiESS ZIP PHONE Tom Steifen 5950 Benjamin Street NE 571-4762 3 CONTRACTOR MAILADDRESS ZIP PHONE LICENSENO. Exterior Innovations 2187 Overlook Dr, Bloomin ton MN 5S4 1 9318 4 ARCHITECT OR DESIGNER MAIL ADDRESS ZIP PHONE LICENSE NO. 5 ENGINEER MAILADDRESS ZIP PHONE LICENSENO. 6 USE OF BUILDING Residential 7 CLASS OF WORK O NEW ❑ ADDITION ❑ ALTERATION �7 REPAIR O MOVE � REMOVE 8 DESCRIBE WORK Reroof House (Tear-off) 9 CHANGEqFUSEFROM TO STIPULATIONS Underlayment must comply with the State BUilding Code. TYPEOFCONST. OCCUPANCY GROUP OCCUPANCYLOAD SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, HEATING, VENTILATING OR AIR CONDITIONING. THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SQ. FT. CU. FT. AUTHORIZED IS NOT COMMENCED WITHIN 60 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOH A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. • NO. DWLG. UNITS OFFSTREET PARKING I HEREBY CERTIFV THAT I HAVE READ AND EXAMINED THIS APPLICATION 1 STALLS GAHAGES AND KNOW THE SAME TO BE TRUE ANO CORRECT. ALL PROVISIONS OF LAWS VALUATION SURTAX AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. THE GRANTING Of A PERMIT �2�OSO $2,�2 DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE pERM1T FEE SAC CHARGE PROVISIONS OF ANY OTHER STATE OFi LOCAL LAW REGULATING CON- �S[F.00 STRUCTION OR THE PERFORMANCE OF CONSTRUCTION F�Y'2 SC �L.OS. PLAN CHECK FEE TOTAL FEE License SC $5.00 $63.07 SIGNATUREOFCONiRACTORORAUTNORI2EDAGENT IDATEI PERL ALIDAT THIS IS YO R PERM�T SiGNATUREOFOWNER��FOWNERBUILDERi IDATEI BLDG i r1ATE NEW ADDN ALTER [l [l i) CiTY OF FRIDLEY SINGLE FAA�IILY AND DUPLEXES R-1 AND R-2 Building Pemut Applicatio� Effective 1 / i I44 n ConstructionAddress: �^ °�( � ��-�� 4 °' � .� y�� Lega.l Description: � Owner Name & Address: `�� f-'� �.C� Tel. # � i / � `�j� � � � Contractor: � � t�c� � `-' ° MN LICENSE # � e? j ��— s`. � ,� Address: � l � i � ��2�2.,�� Tel. # � �' c/ ��/ � LIVIATG AREA: GARAGE AREA: DECK AREA: OTHER; Attach to this application, a Certificate of Survey of the 1ot, with the proposed consiruction drawn on it to scale. DESCRIPTIOi�T OF Il1dPROVEMENT Length Width Height Sq. Ft. �� w�ar� x�� sq. Fc. Length Width Hgt/Ground Sq. Ft. Corner Lot [) inside Lot () Ft. Yd Setback Sic� Yard Setbacks Type of Construction: F.stim�ated Cost• . •$� � � Approx. Completion Date: (cost on Backj Driveway Curb Cut Width Needed: �Ft. + 6 Ft - Ft x.$- =$ DATE: ;2 APPLICANT: � ,�,�„��Eu7'�P �`,� Tel. # �S'� �F' �� 1 �' �c• v. vc�CL7�: �a �i' � �S� ONLY Permit Fee $ �� Fire Surcharge �_` $ � a �� State Surchar�e ,��; C,��,'$ �� SAC Charge License Surchatge Driveway F.scrow Erosion Control Park Fee $ F� Schedule on Reverse Side .QOI of Permit Valuation (1llUth�) $.50/$i,(�l0 Valuation $800 �r SAC Unit $ �^ � � $5.(� (State Licens�i Residential Contractors) .� � $ $ Sewer Main Charge $ TOTAL STIPULATIONS: �� Alt. "Ap or Ait. "B" At�ve $450.� Conservation Plan Review Fee Determin�l by Engineering Agr�mem Necessary [ ] Not Ne�;�ary [ ] BU[LD(NG PERMiT FEE, SCHEDCILE "1'i�e Chief I3uilding Official shal(, t�efore issuing permits for the erection of any building or structure, c�r for any addition to any cxisiing i�uilding or structure, or for any alteration or regair to any existing building or slructure, u�n applicatioa therefore, require the payment by the applicant for such permit of� tu:s to ilxe amount fiercin t�clow sci i��rtl� and in the manner herein proviciccl to-wii_ "!'OTAL VALUL; $1 to $500 $501 to $Z,000 $2,001 to $25,(�00 $25;(�l to $50,000 $SO,t?01 to $100,000 $100,001 to $500,000 $500,001 to $i,000,000� $I,QOO,OOi and up r-ccs $15 (Miniuium Fee is $15 plus surcharge) $15 for fust $S00 plus $2 for each additional $100 or fraction thereaf, to and including $2,000 � .$45 for fust $2,000 plus $9 for each additioaal $1;000 - or fraction thereof, to and incluiiing $25,0(?0 � $2S2 for first $25,000 pl�s $b.50 for each additional $1;OOQ or fraction thereof, �o. and including $SO,OOp $414_50 for first $50,000 plus $4.50 for each additional $1,000 or frac�ton th�eof, to and including $100,000 $63950 for f�st -$100,OQ0 plus- $3_SO for cach additional- $1,000 or fraction thereaf, to aad including -$SOf3,00Q $2039.50 for the f�rst $SOO,Opp pius $3 for each additional $1,000 or fraction thereof, to and including $i,000,Ot)0 $3539_50 for the f� $1,000,000 plus $Z for each addifionai $1,OOQ or fraction ihereof - D�LIYEWAY DEPRESSION ESCROVY (Concrete C�urb Streets Onlq) Alternate "A": Removal and replacement of curb and gutter o�niy - D,riveway width plus 6 feet times $13_50_ Alternate "B°: Removal and replacement of curb and gutter and install a 3 foot wide approach with 6 inch depth - Dr-itveway width pius 6 feet times $15_75_ VERIFICATION OF FOUNDATION Permits for constzuction will be issued a minimum of 24 hours from the time of application to allow for proper review oF the proposecl stz�ucture and of the construction site_ A Certificate of Sucvey af the lot, showing the location of the founciation once it ha.e it has i�een constructeci will be rc;yuiroci t�efore procaediag with ihe fram[ng. M City of Fridley TO: William W. Burns, City Manager � FROM: John G. Flora, Public Works Director DATE: July 27, 1999 SUBJECT: Miller's{-5-g�6-�enjamin} Storm Water Issue PW99-138 The Miller's reside at 5950 Benjamin Street and have raised an issue regarding ponding of storm water in the rear of their property. The property is part of the Van Cleaves Addition of which only a small portion of the lot is within the natural depression in that area. The topography of the area provides a 19 foot depression from Benjamin. The majority of the depression is outside of the D�Iiller's property and remains in the adjoining two parcels. Question was raised whether the City can fix the Miller's drainage problem. There is no gravity method of removing surface water from the depression as it provides the natural drainage for the approximate 8 acre area. If desired, a storm water lift station could be constructed on the property for approximately $50,000 plus O&M cost in the future. This pump sta.tion would then have to be piped to Femdale to an existing storm water system through seven properties (Option A) or within Benjamin Street in front of five properties (Option B). The pipe construction for either option is approximately $50,000. The restorarion cost would rein from $25,000 to $55,000 basEd upon the trees and vegetation in the yards or replacement of a major portion of Benjamin Street. Currently, there is only a 10-foot utility easement along the rear of the Miller property. There are no existing drainage easements on any of the adj oining properties or the properties north of 60`� Avenue. Any work along Option A would require the accumulation or purchase of the necessary drainage and utility easements from the affected properties. While there is a solution to this problem, the cost would most equitably be placed against the benefitting properties which would include all the homes in that area. As this was a natural depression and was platted and developed with full knowledge of this situation and while development in the azea has occurred, the rain events are still draining to the natural areas with possibly some improvement by carrying some of the water away along Gardena, 60'� Ave and Benjamin. JGF:cz Attachments 24 30, R 24 'yULEY � 12 ''` . ..; , _"._.JSSO.aa.�i��it7---•- , . ... , , t� h M� �e ai � ht. i.� _'i '� ,. . M� .!� t O.K" ' � - � ` � i p0 4�e H�� . ° �c�' a; ,r ± M� x' ^'� i ` �� REST 'GRIVE' .;3 � , n� — ' , ' W 1 '°+ �' ,�n� " ;� --- r£M�".`• L �E' ' . : ,�,- ,., ,� n� M� s ° *` �O , ,'r� 1 � tJ' .�l �Z 1 • ' �'..-�, d Yp �, ;. �r :. �p � �F �sw ,r ' ,, s ` � _ pR1VE ' �' j � 'o' � :+ 0'•, SA � lY� . rw) � � �� w i � �,�j �ilC . I � , � � Ljl� �� I � rj ' � � � K �OV �" :. i I O �' .� � � • t � L " � CEVES �' r ••- . i, . -c-`;.«,, V,A/V '� a �� n� � ,1 ' li"� �N,,. • '".' /�� -p� ..s � s....r..+F, .....=:.KOI yl_ "��I � o.. .... Y7 IiM�S i5 a C0�4AI10N O! 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"'• . .. .� � • ' , � . • . � • 4vEy�F ' . 8` �o ob° OeP� / � � � �NS IDERATIO� c)-_� _,t) DAl' ::a :t;:.s lu.: t�� ,: t W) [".� PF:Fc;q1TS - t::1ti. c:c)I'�)Ra7'r0;� : _ � Tbe Ci ttvrney s�id tl.vrr �re n nu�t�bCr ut t�wnhouse ptcmic� and a�aicm�nt permits iasued and ur� n�;�y be � s�wer prui,le�:� witti t ryinb !.� "��v�rt tt-�e permies to all townhouses. aid it is I�is feeling tt�e permits st�o��ld t,� r�vised and issued for the all t��.t��i� • �l��vel:,pm�n[ ,:nd �►n the s�me basis ��c pi;rri[ . fle said there is a differencr in th� ' iyp�c:ti�n cti.�r ��;; ;,1 :in apartment anJ ., t c�wnh.�..,�e in the City. He said he thuught ey should make applica[ion t,�r ��ea� pe.wits. Councilman E;rr_idcr questioned tl�e "ficrr.nct tu SAr chargES that this action may create. He yuestiuned if this could done, The City Attorney said the permits wE:re issue •itl� the c��isiu�•�ation tl�ar the construc- tion would be done in a prop�r and r�_�,u:;,ib1e tim He sai:l h� !►ad so-��z que�tion • i£ this would be pruper with the Metro S�wrr �oard, • _ Councilman Breider said if Chis brough[ chem to a higher 1CV ' l�e did not ttiink there would be any qualr.�s about it. MOTIQN by Cnuncilr�an Utter [o approve [t�e extension ot rhe tsilding perm - for the Wall Corporation., Seconded by Counciln�an Starwslt. Upoc: a�uicr vote, all ing aye, Mayor Liebl declared the motion carried unanimausly. DISCUSSION REGARDjNG BACK YARD DI�1L�ir�GE Y[tOBLEM I\ iF� �E.`:.:�ii�(Id STtZEET; 6U:H i�s��ENUE AF,�r.: .,% MOTION by Councilman Nee ta receive nc� com-nunicaciai� frr.:r. U:. ltobert L. �ricksan, ,� 5950 Ben jamin St ., dated .1une 29, t973. Seconded b�• (;u�n<.i Im:,n �tar�a I t. Upon 2 voice vote, all votin� aye, �tayor Liet,1 declared tt�c t��otlOil carriec� ui��nirtiousi}'. The City Engineer said tliei� ,3re twn routes �t�ac cuui�� bcs �;�keii, but t�� ielt Co�cicii.^.:an Starwalt could �,et the Feelinb of the arca ae�ple and c�:i,ider ii a F,��;,lic hearing on the matter is necessary at this timE. He said he i�sd nur. i:lannc:d to complete �.he sys[em tor awhile. Ccunciicr,zn Utter r�ferred tu the me�ting of a yEar ago .�.�� aske� «f�_y t1::s fracl zc�� e:. taken care of at tt�is time. � Councilman Breider said ttie streec is draining on the pr�pzrt.�;. C�uncilman !'_��r asked if Benjamin S�reet wa� built up more when the street wa; inscallEd? The City Engineer �aid tt�is was the only pr�ticst solucio:�. il� ad.l�d, thr pe�gle are not ready to develop their back lots. i1e said this w�ul� desti�� tne na��re ar�d bea�ty of the area at this time. ic J1 �a Councilman Sturwal t said the pruperty owner had purchased �f:� E•r:�p�rty� wittiouc knowiedge .of wltat would tiappen�hen [hcre was a rain. fie said he did nut kn�na t�e would have tw� or three feet of water in the low area. iie quest±oned if tt�e ��roblen could be �ak�n care of at thia ti.me. Tt�e City Engineer said the installation wou11 have to go through the hill and the area people ar.e not ready to go in and tca: up t:�e srea �:ncil ir �.� developed. Councilm�n Starwslt said there are two people in the area k�l:o have mon�y eacrowed. He said he had visite� the site that morning and thc:re was no water fc: the area. He added, it soaks in rapidly. He said he felt there wouid he some oi°��ae►r.• in the futura in that area. Fri� Counc�lman Starwalt �a�.d �� Woµld not favor n public hearir.g on ttie e;�s=te: st tl�t� l•i.^,.e. p, City Council minutes � uir �-. ,._ s� PA� 17 r REGUTAR COUNCIL MEETING OF NLY Z, 1973 � MQTICJN bY Councilman Starwalt tt�at there is no action ne�ndBdvUicervo[e�, allg�otj,nSe � leCters at this time. Seconded by Counilman Utter. Up � aye, Mayor Liebl decLared the motion carried unanimously. _ ___.._....,,.,�.,�.� nr et�t FeSFMENT FOR PROVIDING AN OUTLET INTO THE ARE vOR F RICE CREEK ROAD: The CiCy gineer said he thought the City should acquire an easowner has triedtto� 9eWer outle i.n the area. The City Engineer said the property sell the pro rty to developers g°d the seopleaofftheearearhage.been callingeandis some flooding the area. He sai P requeeting somet ng be done about it. The City En�ineer .sa the City is at the point where they should go out and get the � appraised. He sugges making two appraisal� of the area for the acquisition of the area for a drainage ease ent. Mayo� Liebl xead from the C ncil Meeting minutes of February 28, 1972, Where it is stated by �otion that the Cit Engineer should acquire easements for the drainage of the area. � The City Engineer said all the Coun 1 a bedmadeauthorizing is that the appraisals for Che aquisition of the easement c 1 �yor yiebl suggested that local app rais s be employed. pTIpN b Councilman Utter to authorize tw� praiaavoice votearallfvoting�aYeng M Y eaeement. 3econded by Councilman Starwalt. on Ma,yor Liebl declared the motion ca�ried unanimo ly. The City Engineer eaid this would be a part of the tal development of the Storm Sewer development of the area. � UPON A VOICE VOTE, all voting aye, Mayor Liebl declared t motion carried-unanimous' OF N CITY OF 111�v� : AND RESOLUTION ��8�-1973 - AUTHOItIZING THE SIGNIN�GrOF A JOINT POWERS AGREE T FOR DATA pROCESSING LI UOR STORE AND IN`/ENTORY ) i OTION by Councilman Breider to authorize the admin�i�tResolutionn�k80t1973.a S�ionde�c M powers agreement of Data Processing and aai°votin a e Mayor Liebl declated the mot , by Councilman Utter. Upon a voice vote, 8 Y � cartied unanimously. S� � ,i � S ' REGULAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 9 :(), Counci Starwalt said at the expense of ruining his political career, he would not offer anot tion. Councilwoman Kukowski said she r�ould not touch it. She further explained that . Council had been asked by three groups to put up three different signs. Councilman alt said they had proposed two and one was taken out. Mayor ; �Nee explained that the il had taken action to install the sign on 61st and unless this action is reconsidered epealed, the sign �ould have to be installed. MOTION by Councilman Starwalt to rec�' � . 61st and Benjamin: Mayor Nee DECLAREQ the installation of the stop sign on lION OEAD FOR LACK OF A SECOND. ' Councilman Breider suggested that the Council try ign on 61st for some time and direct the Police Department to study the area and stag pa*_rolling of the area ina way that it rrill not be at the same time of day. He sai e work taill get out . that the area is being patrolled at random. He said he agreed �oi he residents in that they should not have Lo police the area and sign complaints against v tors. He again said, tahy can't the signs be tried for some time? � The City t4anager said the sign would be i� CONSI PR06LEt4 P(f 5950 BEt�JAh1IN STRr'ET Councilman Star�valt said he was asked to make a.recortmendation•to the Council. He called on the Public l�orks Director to make a presentation of the plans proposed. The Public Works Director explained the four proposals as folloas: Alternate B-1 has a project�d cost of $20,981.25. He er.plaine� that this proposal would intercept runoff at the catch basin on EEnjamin and pipe it directly to 6Cth and Oakwood Manor and would not include any alteration of the low area. Alternate B-2 indicates a �rojected cost of S24,481.25. This is the same proposal as alternate B-1 with the additian of lowering the pipe four feet. If future development occurs in the vicinity of the lo�v area, approximately 7.500 cubic yards of fill would be required to make use of the facility. The installation of"the energy dissipator is the third alternative with a projected cost of 51,000. This alternative �is offered �ith the intent of the City to install the energy dissipator �aith the necessary restordtion. � The fourth Alternative, Alternate F, �•rould require easement acquisition with a projected cost of $10,150.00. This plan would in��olve the installation of a pip� � to the lo�r area from the catch basin on Benjamin taith the addition of obtainina an easement for ponding purposes. It also involves reiaodification of the intersection at Benjamin and Gardena. The Cit}� Manager said the people of the area have to be called in if a�ry�hing but :h° original propesal for this area would be used. Mayor Nee asked if there would be any overlappinq of assessments. ThE City Manaaar said the maximum amoun� for the area would be S3 per 100 square feet. • Mr. Erickson said it uas not clear to him rrho �•�ould pay for• the various plans. �tayor Nee said tl�e Cityl+ould pay for the energy dissipalor fro:� �ie general funds. He sa�d the other three proposals �rculd be assessed tc, the districi. ?1r. Erickson said Frc�osals E and 0 would not be acceplable to him. I�e said he ha� tried a crude enerjy dissi;•�tor and it did not work. He asked if the costs on alternate F �•:ould be st:ared by the pe��le� on Benjamin Street. Ile questioned if the residents of E3enjamin Street taould �•�ant to pa,y out this amount for a temporary solution. ' � Mr. Erickson said he would like to clarify a point ��ith t4r. Starwalt. He mentioned that � Councilman Sta n+alt had visited with 'some of the resic+ents of the area and had a copy of the petition that had been signed by those people, but attached to the petition, there ; was a map of the propasal for tlie sLarm sewer t4r. Erickson had suggested. He said it t:as the people's impression that this map ha� accompanied the petition and it had not. Ce�ncilman � Starwalt explained that this is the way he liad 5een presented the material from th� � administration and he was also under the impression that it had accompanied the petition, � ' but it had not. Mr. Erickson questioned the method used to draw the drainage district. i!ayor Nee said this -- a,...,, t... ........� ,.c .♦.,..�...-,.,t.:,-,1 ��,,, ��., �,;a �I...v arn �,:ll;r.n tn tnc�ifv iha'. ilt� 1•JdLP � �1 'U , REGULAR COUNC(L �1EETING OF JUNE 2, 1975 , �`U. I PAGE 10 �. to do something about the restoration of his property. ��e said he inning legal action against the City. the City was going et an ans�ver before beg� • had repeatedly tried ta 9 ro osals MOTION by Councilman Starwalt to set a p ublic hearing to discuss the v14�a197S pseconded for the insta11�Kul;owskithe storm sewer in the Benjamin area for Ju y by Councilwoman 1583 Gardena Avenue, addressed the Council and questioned what was D1rs. B. L. Lillemoen, Ma or Nee in the various Plans. Councilman Breiderrefer the least expensive§projecthe pu�lic tiearing. Mrs. Lillemoen said she rrould p said tl�e least expensive project is not acceptable to Mr. Erickson. UPON A VOICE VOTE, all voting aye, t4ayor- Nee declared^the��FCOaNna3 ZeOEERanlmously. COt�Si RATION OF AN OKUinN�v�c ��•��••�•��- rohibits any intoxicatirUor non arks. He said as the Council kno»s, peoP�e are using 7he Cit anager explained that fie present ordinance p intoxicat g beer and liquor in City p The.City it in the p ks.and the Ad:�inistr�heoc�unity oreit should be�enforced,the books, �t should compl with the desires of use of 3.2 beer would be prohibitear�n�ththemCity57ze Manager explai ed theproposal� �heallow the use of .2 beer ��n theepPark with a Perm� and in �omnons rk• He sa neighborhood Par He said there had been some discuss�on o eO le He thought this type of ordinance vruuld allow the p P Council concerning thisproposaled He asl:ed direction on ��hether the Council �ould 1� e an ordinance prepar as propos to act legally. Councilman Fitzpatrick 99ested that the Council approve the recomnendation of the l�a or Nee said the motion on the partn t�hai Par ks and REcreation Depa tment. Mayor Nie said he did not think this rias ;Se recommendat�on of the Parks and Recreatio Departmeni Comnission �vas to enforce th ordinance. Councilman Fitzpatrick said t�s the CIty Manager had said. � The City Manager po He said the ordinancc inted out thaa eth�se�iouldtbe a�feasible thapgembers of the Canmissi�n had stated that they believed th Fiayor t�ee rovide the mechanics for se ted activity that could be oerm'tt • would p the Puhlic Safety [�irector. tlayor Nee referred said the proposal had been received that she woul agree to this modification and voted for the to the motion in the mi;u�tes of the Pa ks and Recreation Comnission and said rs. Siiirley Caldtivell had sa motion to enforce the law. icnics in Mayor Nee said he �•�ouldr�a�yer�saed thisbcoulbebe pra�adedrriith9abpermit from the City small parks. The City Council. rks in the softball tournamen s Fle mentioned tiiat Cormno is not large enough to acco�nodate h1r. Y.en Sporre questioned the use of the sraller hP qu�stioned i.` the proposal did sponsored by the Jaycees. He sai d the ti•jay the ordi nance tlie ent?re tournament so the sma?ler parks are usc • et• said this is all against not in�lude the smaller Rarks, cou1C this �e7he,CityP�•1a 9 7he City Attorney is no��, they can sell beer at all of them. the current �rdinances and a�ethingcabovt �t atnaljhe ot �'��aY• said he didnot care to say Y' ttr, Richa�d Harris, Cha��'�avisionhenPthenestatenforSl.ockedParkyehereethisnrouldnnot rohibits the use of intoxicat li��or, not 3.2 as�:ed i f. tliere �:as sume Pro G� allo+�ed. hfayor Wee said Lhis P beer. i �,borhood parks. of amendment. t•layor Nee a9o��ldslikehto��seedthe�ordinance brought bacic�� ith this tYP 9 He said he The City ManagPr saidt�ator Nce said yesble to serve, but not sell in th ot er • neighborhood parks Y , With his type The City htanager said this �fould be broug ht back for the first reading oper ef,modification. Thp ��tY AYtorney said tl�P person rrould have to suhmit the and the City Manager said yes. application•to the ��tY �t th M07[ON by Councilman Breider to bring W1�h td�"�rovisaon thatf3r2tbeerdwill be all ed June 16. 1915, Council for approval. Secon d next regular meeting . �;�ation to tlie City in the nei�hborl��od Parks upon app � t•layor t�cc declared the by Cour�cilwoin�� Y.ukov�ski. Upon a voicc votc, all voLing �Y'• _,.,:.,., rarr��P(I un�nimnuslY. � i �` �. '1 � / v � ! _' � ` � 'i � V Q � �, � C . .ti��a � w r THJF MINUTES OF THE PU B LIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 14, 1975 -� The Publ Hearing meeting of the Fridley City Council of July 15, 1975 was called to order at 7: P.M. by Mayor Nee. Mayor Nee invited those esent at the meeting to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: ME�1BERS PRESENT: Councilman Sta t, Councilman Fitzpatrick, Mayor Nee, _ Councilwoman Kuko i, Councilman Breider. ^ MEMBERS ABSENT: None. ADOPTION OF AGENDA: Mayor Nee said there would be one addition, the considerat of a resolution in opposition to the Rules and Regulations of the Municipal Shoreland Manag nt Act. MOTION by f,ouncilman Fitzpatrick to adopt the tigenda as amer�ded wit he addition of the Resolutionin Opposition to the rules and regulations of the Shoreland agement Act. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor e declared the motion carried unanimously. PUBLIC HEARINGS: PUaLIC NEARING ON IMPROVEMENT - STORM SEWER IMPROVEMENT PROJECT N0. 118. MOTION by Councilman Starwalt to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the public hearing opened at 7:36 P.M. The Public Works Director said the current matter was brought to the Council to solve a problem in the middle of a drainage district. He explained the first proposal for the elimination of the drainage problem to pick up the water at the catch basin on Benjamin Street and take it to the north to 60th to the existing st4rm sewer at 60th and Oakwood Manor. He said this would collect the water being directed to the low area on private property. He said the water had been collecting in the low area�prior to the construction of the street. He said the water stfll drains to the low area through the catch basin. He said there would be some benefit ta the remainder of the property in the drainage �district. He said the estimate for this improvement would be approximately $20,?81.25 which would result in the assessment of $8.66 per 109 square feet. Diayor Nee asked if this improvement would influence the surface or pavement of the existing improvement. The Public Works Director said no, this could be installed in the boulevard area. He explained the only restoration work to be sodding of the boulevard and driveways on 60th Avenue. He said the $8.66 is a very high assessment, and it is the hi�hest proposed in the City to this date. The Public Works Director said an alternate proposal had been figured for the direction of the water by piping from the existing catch basin on Benjamin south to the mutual property line and into the lot area.. He said this would still allow the flow of the water to the depression or 1ow area where it has been flowing all along. He said this would require the City to acquire some eas�nents for the construction of the system and the lot area. He said this estimated cost would be approximately $10,150 or an assessment of $4.19 per 100 square feet. He said this solution would be more compatible to the assessments of the other areas o{ the City. This would eliminate the 9dea of development in the low area and theGti�� would maintain the property in the low area. He said the water would be collected in the low area where it has been collectina for some time. Mayor Nee asked if this improvement had been petitioned for. The Public Works Director said no, it was brought to the Council at the direction of the Council. Councilwoman Kukewski asked who would be assessed for the second proposal, and the Public Works Director said everyone who would be assessed for the first improvement. He sair.' they were talking about the same area. Councilman Starwalt said if the easements are acquired, there would be no future development 0 � PUBLIC HEARIPIG MEETING OF JULY 14� 1975 Page 2 LJ1 in the back lots. He asked if this action could be overturned in the future if development is desired. The Public Works Director said it would be possible but it would be difficult and costly because the piping would exist in the area. He said this could be done by filling the low area and replacing the piping system. Hrs'. B.L. Lillemoen, 1583 Gardena Avenue, addressed the Council and indicated she lived �n'Lot 22. She said she would not be in favor of any easement. She also said she may want rn develop her property in the future but she did not knaw when. She suggested that if there �� there is any easement necessary, this be done on Mr. Erickson's property because he is the . one with the problem, Mayor Nee asked Mrs. Lillemoen h�ow she felt about the proposed project which were alternatives one and two. Mrs. Lillemoen said she would like the pipe installed on his property, not her own. Mayor Nee asked if she would favor the improvement if the pipe was placed on Mr. Erickson's property, and Mrs. Lillemoen said she would not give up any easements at all. Cauncilman Starwalt asked if the easements were on Mr. Erickson's property, would Mrs. Lil.lemoen favor either the first or second proposals. Mrs. Lillemoen said she would not favor any of the proposals. She suggested that a pipe be run under his driveway close to his steps with a catch basin installed in the low area. She suggested that the expense be taken care of by Mr. Erickson or spread around to everybody. She mentioned that this was the City Engineer's first proposal, and this would take the shor�est amount of pipe •and involve the least cost. She suggested the pipe be covered vrith dirt. She said she did not want the pipe on her property line,.she would not be in favor of•this. Mr. Jim Tiller, 5929 Oakwood Manor, said the water had been coming into that area for years. He said the basic drainage area has not changed. He said he did not think there was ��re water in the low area, and it was there when the house was bought by the present � owner. He said there could be more water in the area since the improv�nent of the street. Mr. Tiller said the improvement would benefit one individual. He said he had been by the property after a recent rain, and there was no water standing in the low area the next day. He said he had not noticed any erosion. Mr. Tiller said he could not see this �kind of expense to take care cf someone else's problem. � � Mayor Nee asked if the people of the area had been assessed for any other storm sewer lateral. The City Manager said there had been some assessment for storm sewer, bu� this was a very small portion. Mr. Bailey Tiller, 1535 Gardena Avenue , addressed the Council and asked how deep the storm sewer would have to be in this area. He asked if a tank !�ras to be installed. The Public Works Director said neitf�er one of the systems contains this type of installation. Mr.: Bailey Tiller explained he did not understand the implications of the proposed improvements, and he had talked to an attorn�y who would represent him in this action with the City. Mayor Nee asked Mr. Bailey Tiller if he Was opposed to one or both of the proposals. Mr. Tiller answered that he was talking about something being installed like a tank. He said he would not favor the condemnation of any property. He said he questioned if aayone would want to develop the back area and said this was a beautiful area with wildlife. He said he did not understand the current proposals. He mentioned Mr. Don Savelkoul would represent him in this consideration. Mayor Nee asked Mr. Ti11er if he had any inclination to split off his lot, and Mr. Tiller initheeback ofthisMland,NandaMr�Tiller saidanotiatethis timeaviMr.yTillerr saiddhe9hadte no intention of selling his front lot. 1The City Manager said no one is saying the land would be condemned. He said the owner 'could give the City the right to install the pipe, and there would be no reason to � acquire or condemn. Mayor Nee asked if the estimate of $10,006 included money for condemnation. The Public Works Director said yes. Mrs. Nina Sakariason, 5965 Oakwood Manor, said she is still paying for the road, and if any more is added, she would not be abte to pay this. She added, even if it would be a lit�le bit, it would be too much. . Councilman Starwalt questioned if there would be additional assessments in the future9 and the Public Works Oirector said yes, they are in a subdistrict within a larger disiw�etn and they would receive assessments in the future development. ICauncilman Breider questioned the method of assessment at this time and in the future if thls improv�nent was approved at this time. The Public Works Director explained there c.�c ee� a City policy where a large area is taken and the assessments are equalized � `O�' y�cs ?: r PUBLIC HEARING MEETING OF JULY 14, 1975 Page 3 for rate in the whole area. He said this would depend on the amount of benefit received, and this would have to be reviewed again. Mr. Nick Garaffa, 6750 Monroe Street, asked how this proposed improvement would compare to the conditions in the area where Mr. Miller Bad developed. The Public Works Director said this would d.iffer in the manner that there are many property owners, and Mr. Miller was the sole owner of the property at the time there was a drainage problem on his property. He said it --� would be similar in that the area was draining into a low hole. Mr. Garaffa recalled that Mr. Miller had asked that the property be drained. The Public Works Director mentioned that Mr. Miller was the sole owner of the property. Mr. �araffa pointed out that the property owner may not have been aware of the precadentrhasnbeen�sethby the CouncilyactionUinhthedMillerscasehwhicht drained sites to allow more buildable lots. Mr. Bailey Tiller said he would like to clarify the statement that was made by Mr. Starwalt. He said his water does not drain into Mr. Erickson's property, the street drainage goes i.nto the Erickson property. Mr. Titler said he lived in the area for many years, and Mr. Erickson never had any water on his property until the Engineering Department put inthe street. Mr. John eolich, 1580 60th Avenue, said he had a garden in the low area for ':three years, and he had never had any water in the garden. He explained when the property was sold, he had to give up the garden. He said he had lived in the area for 11. years, and there was never any problem with the �water until the street was put in. Mayor Nee asked Mr. Bolich if he agreed ywith the border of the drainage district. Mr. Bolich answered, he did ;,not know, he had not taken a transit to get this information. Mayor Nee said the street improvement generated the prablem. Mr. Bolich said why �they did not put the storm sewer in at the time the street was instalted, he did not know. He said now they would have to cut up the area to do this. ! Mayor Nee asked Mr. Bolich how he felt about the proposed improvement at this time. Mr. Bolich said he was not for or against the improvement. He said he would not want an increase in his assessments. He said he would agree that there is a problem and something would have to be done, but he could not offer a solution. Mayor Nee asked Mr. Bolich which plan he would favor,and Mr. Bolich said the least expensive. Mrs. Dorothy Lillmars, owner of Lot i, Block 1, Route 2, Stacy, Minnesota, questioned the amount of assessments on this lot, and Mayor Nee said this �ttoul;d be 831.36. Mrs. L111mars said she believed this to be excessive for a lot with no accessability. Mayor Nee said they did have a deprived access. Mayor Nee said the City did have a plan where the back lots would be built on, and now the p�eople say they do not want to build:on the back lots; now the plan is invalid. Mayor Nee asked Mrs. Lillmars if they would like to develop their land. Mrs. Lillmars said her husband thouyht this would be possible. Mr. Bailey Tiller said he thought there were only two buildable sites in the Back portions. Mr.. Mahlon S. Moe, 5955 Benjamin Street, addressed the Councii and said he owne�+ Outlot A and asked how much the assessment would be for this parcel. He�said there is no access to this property and no hope of access in the future. Mayor Nee satd tftis is esttmated at $1,379.27, Mr. Mahlon said the assessment for Lot �, Block 1, Acorn Hill Addition is$921.42. He said this �� make his assessments in the area of $2,200. He said he ^ tvould not be �n favor oP tfie improvement. Mrs. Lillmars asked how much the assessment would be for 1561 Gardena Avenue. Mayor Nee said this is estimated at $498.81. Mrs. Lillmars asked why this Was only one half of the price of the other lot, The Public Works D'rector ��$�the front half of thislot is in another assessment area and has a�ready been as•se§sed. ,�� . •"t PUBLIC HEARING MEETING OF JULY 14, 1975 Page 4 Mrs. Fredrick Schmitt, 5963 Oakwood Manor, said she is opposed to any more assessments. She said she did not feel that she contributed to the water. Mayor Nee asked Mrs.Schmitt if she had any intentions of splitting off her back lot. Mrs. Schmitt said the lot had been landscaped in the back portion to take care of erosion, and she did not feel she would split it. �. �rs. Sakariason said her property does not contrlbute to the water. She said she is paying $4,000 in assessments at the present time. Mr. Lawrence Peterson, 5991 Benjamin Street N.E., addressed the Council and said he thought all of this water was going to the Erickson praperty. He said with the proposed system of piping from Benjamin to 60th, this would have to be a very deep system. He said the people of the area should have had the system installed at the same time as the street was installed. Mr. Peterson asked how long the water stands on the Erickson property. � Mr. Erickson said from one to two days. He said all of the debris from the street such as sand, gravel and silt is washed into the are'a. Mayor Nee asked how deep the cut would be to install the storm sewer and, the public Works Oirector sai'd,in the deepest place, as deep as 13 feet. Mr. Erickson said he is the person who catches all of the water, and when he bought the place, there was no water in that area. He said he would like to clear up some misconceptions. He said he thought the problem was created by the City,and the City knew there was going to be a problem there. He said this concern had come up on the hearing. He said he had come to the City and asked that the damages be�taken care of. He said there are �some funds escrowed, and some people do not know there are funds escrowed for this type of improvement. He gaid when they had purchased the house, they thought there was a pending assessment for the storm sewer construction. L� Mr. Erickson said he was not in favor of the second proposal. He said he ; thought this was too much money for a poar solution. He said as long as he had the money in escrow, he would favor the construction of the com let system or alternative number� one. p e Mayor Nee asked if the volume of the water had been increased with the construction of the improvement of the street. Ne asked if the water coming down Gardena was routed in another direction before the street improvement. The Public Works Director said the drainage district had not been increased. He explained that this drainage is directed into New Brighton and there may be a small amount coming;into this area. Mayor Nee asked if this had drained in th{s area befade, and the Public Works Director said �" yes. Mayor Nee said the paving has accentuated the problem. Councilman Starwalt said the water does route to Benjamin, and if anyone had ever stood there in a rain, they would be surprised at the amount. The Public Works Director said he had been there in a rain. Councilman Starwalt said the water did go east on Gardena and now it goes north on Benjamin to Mr. Erickson's property. The City Attorney said generally speaking� the laws on surface water drainage as far as municipalities saythat they can dispose of this water in a reasonable fashion. He said a municipality can drain into a low area that had been burdened with this water previou5ly. He said when the streets are �improved, there is going to be more and faster runoff. The City Attorney said in his opinion, the City has some liability because the water is being collected and disposed of by means of the culvert onto Mr. Erickson's property. He said he did not think this would be considered a reasonable way to dispose of the water. He said if there is damage, erosion and gravel being deposited, he felt Mr. Erickson would be entitled to some legal regress. He said if the City chose the second alternative, subject to the acquisition oP the low area, this would be logical and reasonable. He said he was not advising that this be done, but just mentioning that�this would De a logical solution and one option that the City would f�ave. Mayor Nee said one question that would have to be answered would• 6e if the peopte of the area want access available for the back lots. He said the C9ty has some obligation to find some solution. He said this would be a legal obligation if not a moral obligation. �� 9 PUBLIC HEARING MEETING OF JULY 14, 1975 Mrs. Lillmars.said she has lived in the area for never any water down in the low area. She said City's responsibility to solve the problem if it City. Page 5 many years and there was she thougflt it would be the has been caused by tfie Mr. Robert Erickson said he was not pushing any one of the plans. He was ��:just seeking action on the damage that has been done. He said this is • a problem the City created, and he expected to have something done about it. He said this 1s the reason that this public heering had been called ,and the reason for the funds being escrowed for the storn sewer. He said whether or not the storm sewer is installed or the whole thing is • dumped, he would like the damaged taken care of. He said these damages would run from $10,000 to $12,000. Councilman Starwalt referred to the damage done and said he would question if they would be that high. He said he would agree at one time after a rain there was four.feet of water standing in the low area, and a ;; couple of times when there was three feet of water in the low area, but it drains away fast. He said five people had escrowed money for future storm sewer construction in this area. He.said he would ndt want to are5workingdwithrtoohmanyhunknowns.n�HebsaidyhetthoughtetherescroW they is a reasonable process for a situation such as this. He said he was�nots on the Council at the time that this was decided upon. He said he would . not want to see the escrow accounts to be in jeopardy. Councilman Starwalt said he recalled that one time Mr. Erickson said he would be pleased if the City would pipe the runoff water rather than have it overland. Mr. Erickson said he had told Councilman Starwalt at City Council meetings and also in pr�vate that this is not an acceptable solution to the problem. He said only one time did he say he would consider this type of thing, and this was if it was a temporary solution and it would be dcne - out of general funds. He said he had corrected Councilman Starwalt on this poi.nt at two meetings. He said he only agreed to this type of solution if:it were to be temporary and out of general funds. He said now the second alternative comes up with this type of action, but the land will be condemned, and it is to be a permanent solution. He said he was not in favor of this kind of solution. Councilman Starwalt said Mr. Erickson had said he would accept the under- ground construction. Mr. Erickson said he agreed if this would be temporary and out of general funds. He said the current proposal or second alter- native would ruin other people's property and his own, and they would have to pay a great expense for this. Councilman Starwalt asked Mr. Erickson if he would accept the piping of the water to the low area if this would be at no cost to him. Mr. Erickson asked who would pay the cost. Councilman Starwalt said it would be at no cost to Mr. Erickson. Mr. Erickson asked if he meant that no one would be assessed, Councilman Starwalt said yes'. Mr. Erickson said he wouid agree to this if it was a temporary solution and no one was assessed and if the escrow account was not disturbed. Councilman Starwalt asked now much in jeopardy the escrow funds are at the present time. The City Attorney said if this was challenged in court, he did not want to say that the City would win the challenge. He said this would be doubtful or questionable. He said the City wouldihave a 50/50 or less chance. He questioned if the City had the right to hold the escrow funds indefinitely. The City Attorney said �there is no.time limit for holding the escrow, but they state a reasonable time limit. He mentioned two ta three years would be okay, but any longer than this, he would not say the City could be sure to win a challenge. Councilman Starwalt said the temporary•solution would not take care of any future development. He again mentioned there are so many unknowns in this consideration. He asked if the people would say that th4s area was to be developed, and they were put on record saying this, would this have a bearing on how long the escrow monies could be held. The City Attorney PUBLIC HEARING MEETING OF JULY 14, 1975 said no, he did.not see where this would be a consideration. Page 6 z�s Councilman Starwalt said something would have to be done that the people 'agree with. He said the majority of the 'people do not want to have an �. improvement project with the exception of Mr. Erickson. < ;_ Mr. Erickson said he had not expressed the desire for either of the alter- . natives. He said he is not in favor of the second proposal. Mr. Erickson stated he would like the money retained in escrow. He said he would like something done about the damage to hts property. Ne said he had $1,500 in escrow for storm sewer. Mayar Nee asked if the money would go to Mr. Erickson or the previous property owner if the escrow is given up. Councilman Starwalt said in this case, it would go to the prior property owner. Mr. Bailey Tiller said he thought he was obligated'to contribute to the improvement. He said he would like to see someihing.installed such as a cepiic tank in the low area. He sa�id he is opposed to the' two proposals presented at the present meeting, but he felt he should pay his share. Mayor Nee asked Mr. Tiller if he was suggesting an installation such as a dry well, and,Mr. Tiller said yes. The Public Works Director said one of the proposals had been to put in an energy dissapator which would takeup the force of the water flowing into •the low area. Mayor Nee said it would seem to him that this would increase .the costs, He sA1d the energy dissapator would allow the water to remain running over land to the low area. Councilman ereider questioned if this could and should be done from the �general fund. He said Mr. Erickson had reluctantly agreed to this as a temporary solution. Mr. Erickson agreed to this statement. �The Public . Works Director said it would be difficul type•of system. The Public Works Directortsaid�if�the parceliof property was cut by the pipe on a triangular line, this would solve the problem of not having the pipe on the property line. Councilman Starwalt said he thought Mr. Erickson would provide the easement. Mr. Erickson said he did not know about this. Mr. Ericksan said he would have to have someone appraise the property, The Public Works Director said he thought,this ;iemporary solution'may be from $S,OOOto $7,000. Mr. Erickson asked if they ivere talking about a pipe running th�rough the center of his yard. The �Public Works Director said yes, and Mr. Erir>kson said forget it. MOTION by Councilman Starwalt to close the Councilwoman Kukowski. Upon a vaice vote, alllvotingraye, MayornNee by declared the motion carried unanimously, and the public hearing clased at 9:1�8 P.M. Mayor Nee informed the property owners that the Council would.not be taking action on the item at the current meeting, this would possibly be done at one of the next two meetings after the staff ts allowed to prepare $dditional lnformation. �MOTION by Counci notice and open the a voice vote, all vo unanimously, and the � �.s. Starwalt to waive the reading of the �blic hearing c hearing. Seconded by Councilman Kukowski. Upon ing a ayor Nee dec•}ared the motion carried public hea ' opened at 9:19 P.M. The Public Works Director explained this of Siverts Lane, one of the last remaining unin9 tved�streetshin�the�C9ty�t of Fridley. He said up until this time the City ha en maintaining ihe unimproved street and p1oW�ing it in the winter months. aid there had been grading done on a few occasions. He sa9d the maintenanc this street was done with the anticipation that the sanitary sewer an would be installed in the future to serve the property on the south enr of Siverts Lane. Mr. Sobiech recalled at a reeent City Council meeting, there \ REGULAR COUNCIL MEETING OF JULY Z1, �gJ5 PAGE 10 The City Manager said the City Council would have to amend the stipulations to allow ingress from East River Road with the two additional stipulations. He said if the applican cannot live with this, he could coma back to the Council. Mayor Nee sa he is opposed to an exit on to East River Road, but the entrance would not be this s ious. Mayor Nee suggested the Council be polled fo item and the a inistration prepare sufficient documentation and bring this back for formal Council a roval. �PP►'oval of this Councilwoman Kukows asked when the signal would be installed. The Public Wcrks Director said "not sh tly". He explained that the City Council has adopted a resolution indicating eir intent_to modify this intersection and this would � depend on the FAUU progr , Co�ncilwoman Kukowski aske hen this construction would be completed. The represent- ative said if the Council ap oved the request, construction could begin in 60 da s. He said this is four months la r than what they would have liked to get started. yThe representative said they would efer that the Council present time. Mayor Nee said he lt that the amendments�shouidhberdealttwiththe specifically in a documented form. include�theWstipul�at;onsr SHedsa•id�the be in order to approve with a motion tr, staff had talked to the County concern;� ould like to proceed. He mentioned the City this intersection, Mayor Nee asked if the dedication of the lan for the roadway in 79th would be cne of the stipulations. The Public Works Di ctor said yes. He continued to explain the City would also need the dedication of addi ional portion of the property for the deceleration lan property along the entire westerly understood this. He said he would have to take th� matter under advisement. He said this would be a great deal of lenyth and fronta e a Mr, ��ordale said he f�ac� not Mayor Nee said this matter was really not in shape to thke actionhoneatothensider it. meeting. current Councilwoman Kukowski said she would agree with the propose usage and stipulations. ' Councilman Starwa.lt saiJ he k•ould also agree. Councilman Br der said he would agree as long as there is a deceleration lane. Councilman Fitzpatri said he would agree with the new proposal. The Public Works Director asked if there should be a letter of und Nee said there seems to be some confusion �nd disagreement with the dication of the land and other factors. He advised the Public Works Director to get tais1down onyor paper. The Public Works ingress from East TION OF Director asked for clarification that the Council :�ould\ River Road, but not the egress. Mayor Nee said this was A RESOLUTION ORDERING IMPftOVFMFtur r,.�� ., i i �'�'*'�� the ect. - � �� intKtUF: $r� -""-"'' ""^� ��t+�v� HIVU SPECIFICATIONS ANO EWER MPR VEMENT PR JECT 1)g; The Public Works Director pointed out the area of the proposed im 1; north of Benjamin to 60th and to tie into the existing siorm sewer on Oakwood Manor. He said thls improvement would eliminate the collection of storm sewermwateroin the low area on Benjamin Street. He said there are several alternate rolls. He said they would-be discussing the original roll and Alternate F which would provlde plping from Benjamin along the property lines to the low area where the water collects. He said there was .,ome objection to both alternatives. He said it was suggested that they prepare another alternative which would pipe from the driveway where the catch basin exists through the yard at 5950 Benjamin, following the terrain to the low area. He said he would recommend at this time that this alternative be a be ap�roximately $2,�7p based on the fact that the City of Fridley would rl.o the work. He said with this final PP►'oved which would the money would be taken from the�C9ta�s the people of the area woutd be assessed and Y general funds. Councilman Starwalt asked if Council action to install a system on private using general funds would set a precedent. The Puhlic Works Director said in order to settle the matter in a negotiated method, this would be in order. Counci,�anrty Starwalt asked if this would be a permanent solution and the Public Works f►iti•�ctor said it would not. Cour�cilman Starwalt asked why the determination would have to be made concerning 2he � ;� , � REGULAR COUNCIL MEETING OF JULY 21. 1975 PAGE 11 I1 escrow funds because of this solutlon. The Public Norks Director said the escrow money could only be held for a reasonable amount of time and if the temporary system lsinstalled. He questloned if f�om a legal standpoint they could continue to hold the funds. Councilman Starwalt sald it is very difficult to put a time limit on the development of the area. He said it could not be determined at this time how the area will develop. He mentioned that other developers in the area had been required to escrow money. The Public Works Director explained that what they were talking about j:.� was escrow money, not pending assessments. He said if there is a project pend9ng, '`; this should be followed through in a reasonable amaunt of time. He said this would � be the difference between pending and escrow. The Public Works Director said Mr. Miller, t4r. 0'Bannon and Mr. Harris, all in this area have escrow accounts. Council- man Starwalt said from the legal standpoint, it has not been determined how long the money can be held. The Public Works Director said the opinion of the Attorney General's office said this should be a reasonable length of time. He said this would have been a 1972 project. He said the time is running out. The City Attorney advised the Council that the State Statutes are silent in this point and do not say any specific time period. He said the Council had ordered the project but not issued the contract. He added according to the Assistant Attorney General, when the project is ordered, it becomes a pending assessment and has to be completed in a certain amount of time. He questioned what the legislature intended and said he did not think the City of Fridley was in complete compliance. He said if the City was challenged in court, he would not guarantee success�bn the part of the City. Mayor Nee asked what project ordered in the improvement. The City Attorney responded that the project was ordered in and only a portion of it was constructed. Ne said the entire projecL actually stands. He said when it came to letting the project� only a portion of the area was completed. The City Manager said this is true, this is a part of a large drainage area. He said ; a small area was deleted from the large drainage district. He explained the boundaries �-' of the large district. He said the assessments were on1�c' levied on the area where the � improvement was a benefit. Tlie City Manager further exp�ained that if the assessment were to have been figured over the entire area, this would have been divided equally throughout the district. He said because this had been divided into a small subdistrict, they will face a higher level of assessments. The City P1anager further explained that the improvement at that time would have included the acquisitionlof the easements and the filling in of the low property to tie into the storm sewer. He explained there had been some discussion concerning the development of the area and some on the Council and some of the residents of the area feel there will not be any development in the back parcels. He also mentioned that some individuals have voiced the thought that they may want to develop the back lots. ' The City Manager said he felt this v�ould be setting a precedent. He said this kind of thing has never been done before. He said at first there was to have been an expenditure of about $1,000 to take care of the problem and now the figure has come up to $2,000 with out the inclusion of the labor costs from the City personnel. The City Manager mentioned the assessment rate for this improvement to be $8.66 and said this would be the highest assessment rate in the City and he questioned if the value of the property would be increased in a comparable amount. He said this would bring about some problems and he thought $3 and $4 might be more realistic. The City Manager briefly explained the three alternative proposals to the Council. Councitman Starwalt said he was not prepared to vote on the project in at this time. fJe said there are too many unknowns at�this time and he wouTd rot want to vote in a$20,000 project. Councilman Starwalt said if the solution could come from a i nominal and reasonable ar�unt of costs to be taken from the general fund, he could ,,,� be in favor of this. He mentioned if Mr. Erickson would come back to the City and want additional work done he would like to alleviate this possibili:t�%� at the current tic�. He said he would want this system to suffice until the other people of the area are ready to develop their land or complete the improvement project. Councilman Starwal2 said he would not want the escrow accounts jeopardized. He added, he thought the City should just take the chance that someone would not take the City to court to see if the method is right and proper. Councilman Sta►w�alt said at the current meeting the Council was to vote on whether or not to vote in Proj.ect �118. He said perhaps they should stick with this. Councilman Breider said this item has been on the agenda a number of times and they had talked about the pros and cons. He mentioned years ago there had been a$50,000 system proposed for this area which had not been developed. He said he realized there � REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 12 is a problem, but he was not in a positior�to arder in a$20,000 improvement at this time. He said he would favor the installation of the lesser expensive alternative that had been proposed for this area. Mr. Erickson asked why the system could not be placed on the property line rather than cut through the center of his yard. The Public Works Director said they were talking about a system that would onlv be three feet deep. He said because of the terrain, if this would be placed on the property line, this would be a much more expensive system. He said with the current proposal, they would not acquire any easements. He said he thought this system would function most of the time. Mr. Erickson questioned if this would require maintenance and he would have people working in the center of his yard. Mr. Erickson said a great deal of dirt would be washed into the system and there is still the possibility of the system freezing, The City Attorney asked if the system could be done in the same way by following the property lines. The Public Works Oirector explained this would be impossible because of the terrain in the area. He said this would necessitate a deep construction and he questioned if it would take the drainage to the proper location in the low area. Mr. Erickson said he was told that this may freeze. He questioned the alternative that had been discussed previously with the installation of the rock. The Public Works Director said currently they are disc�ssing an underground system and the one Mr. Erickson was referring to would be an over grourd system. Mr. Erickson said this would overflow with every rain. Ne said no system would hold this amount of water. The Public Works Director said this would be a temporary system. Mr. Erickson said the maintenance of the system would have to be conducted in the middle of his back yard. He said this could be run on the property line where it would not disturb the property. He asked what would happen if the pipe is plugged. The Public Works Director said this would have to be a deeper system. He ��also stated the system would have to go down Benjamin and would not follow the swale. Mr. Erickson said he did not think there was too much difference. Councilman Breider said he would like the Council polled on whether they would accept this kind af proposal and said if so, the Administration could work with Mr. Erickson for a satisfactory solution. Mayor Nee explained to Mr. Erickson that the City would make an offer so�nething like had been proposed at the current meeting. He said no one in the area would be assessed•_ for this system. The City Attorney said he agreed wiht the suggestion of Councilman Breider in that the details of the system could be worked out with the staff and the property o�m er. Councilman Starwalt mentioned Mr. Er�ickson had said that 'the City was not askir�g him his apinion on the systerr and he said he wo�uld like to take care of the details of the plan the current evening. Councilman Starwalt mentioned tnat everything that is suggested by the City is rejected by Mr. Erickson. Mr. Erickson said he had suffered'a high property loss and he had escrowed $1,000 for a storm sewer system. He said the City had suggested that he put up with the water in the low arca and dedicate easement besides. He said he thought this would be.quite a high price when this was not his mistake. � Councilman Starwalt said he was not sure that the City had made the mistake. Councilman Breider said he did not agree. He said the man has a problem and the City would ha��e to telt him what they are going to do about it. He szid he would not want the storn� sewer project at this time, he did feelthat this would be the answer. He sald he felt the Cour�cil should say they are going to do something like tFe lt�st proposal. Council- man B;eider sald the City would have to give Mr. Erickson �n qnsNer. 1 .. � . �. ,..uw�+,�,,...y"rN .�.. . , ... ..,. . . Mayor Nee said the proper order would'be'to•constder the resolutlon and 1t tt tails, the system would be put in out of general funds for a parttal and temporary solufiion. -� He said the question would be to put in the system that was being discussed or adopt the resolution for the improvement proj.ect. Mayor Nee asked if there was a motion for the adoption of the resolution for project l/118 and there was no response. Mayor Nee asked if they would be taking action on the original proposal or Alternate F. Councilman Starwalt said he thought the $20,000 proposal was the one being addressed in the resolution. He said he was prepared to vote against this proposal. Mayor Nee said if no one make a motion, this proposal would fail. Councilman Breider said he !:ad a problem accepting the proposal that if the $20,000 project is not ordered at this time that the escrow rrroney would not be held. He REGULAR COUNCIL MEETING OF JULY 21, 1975 PAGE 13 1 �; questioned if the City Council could determine that there would never be a project � in this area. The City Attorney said the money was in escrow because a previous City Council has done this is a previous action. Mayor iiee again explained that if the members of the Council are opposed to the improvement, they did not have to make a resolution to adopt. Councilwoman Kukowski asked how the matter would be disposed of. Mayor Nee said if not adopted, it would be disposed of. Mayor Nee asked if there was a motion to adopt the resolution and said if there is not a motion, the consideration is dead for lack of a motion. Mayor Nee asked if there was a motion for the adoption of Alternate F and there was no response. MOTION by Councilman Breider to instruct the Administration to work with Mr. Erickson and the adjacent property owners for a plan to construct a system of piping to the low area and that this cost be taken care of by general funds and that the plan be brought back to the City Council for approval. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the rtq tion carried unanimously. Mr. Erickson said he would like to work out something reasonable. He thanked Councilman Breider for getting something moving on the consideration. The City Manager asked what would be done with the escrow monies or pending assessments. The City Attorney said no action had been taken on this matter. The City P1anager said the escrow money is unrealistic. He mentioned in some cases it is $3 per 100 square feet and the present need is over $8. Mayor Nee said there had not been any motion to delete the previous project. The City Manager said the problem will not go away when the Council takes no action. Councilman Breider said the escrow funds may be needed to take care of future storm sewer improvement. He said if someone would file suit, the City could say that they anticipate a future storm sewer improvement. The City Attorney said the City Council should kn�W the Administration will be under some pressure because this is not resolved. He said all the Administration could tetl the people is that the City Council did not wish to discontinue their original action. He said a project has been ordered in and there is no i►mnediate plan for construction. He said the Administration would do what they can to hold the City's position. Mayor Nee said if no action is taken in this line at the present time, the money would have to remain in escorw. Councilman Breider asked if the City Attorney could be able to put up with the heat. The City Attorney said he thought he would`face it. He mentioend they would have to live with the situation created by previous Council. He said if there is going to be a higher assessment rate in the future, the City can assess the additional amount. Councilman Starwalt said the amount being collected at the present time may be increased or recinded in the future. He asked if the City Council could take action at this time to take care of the proper assessment. The City Attorney said he did not know how to direct �he Council at this time to deal with this proble�r. The City Manager said the assessments would have to be equalized in the future and if there is any change in the cost over the project that had been ordered, they +�ould have to hold another public hearing. He said there would have to be another hearing because of the increased costs. He said if they had n�ted a specific cost of the project and the cost is increased substanially, then this would have to be brought back to the people. The City Attorney said as a legal matter, this is not required, but as a moral obligation, the City should. The City Manager said there is a question of the benefir to th e property. Mayor Nee asked if he meant the realining of the money. The City Manager said they would have to do son�ething because the escrow would not cover the cost of the improvemenC. He said if someone would take the City to court, it might have to be released. Mayor Nee said if the CIty would ioose such action, perhaps the money should be released. The City Manager said the City Attorney had mentioned the City's chances would not.be too good in court. Mayor Nee asked if Mr. Erickson would receive the money, if it was released. The City Manager said Mr. Erickson would not get the escrov� money, it would go to the previous owner of the property. t4r. Erickson said it would go to the furmer owner of the property from the mortoage company. The City Manager said ;��ould like to solve the problem and not bring it back to the Council again. c; x _ m _ _ CITYOF FIZIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 ••PHONE (612) 571-3450 July 24, 1987 Mr. � Tccn Steifer 5950 Benj amin Street N. E. FYidley, NN 55432 Re: Drainage Correctivn at 5950 Benjamin Street N.E. Dear Mr. S`�ei�er: At our meeting on Wediesday, July 22, 1987, we agreed that the City would assist you with the drainage prohlem tnder your driveway by installing a new culvert �der the driveway, connecting the north end to the culvert f rom Benjanin Street, and installing a 90° elbaw on the :�uth end to dissipate the enerc� of the flawing water. We will also patch the asphalt in your driveway where the �ew wlvert is to be installed. 7�e tnderstanding in our agreenent is that all maintenance of this culvert, including cleaning of the outlet, is your responsibility. We •are requesting that you indicate your aoncurrence with the agreement by si�ing this letter as provided belvw. 'The City crews will prooeed with odnstructi� of this culvert as soon as we reoeive your ooncurrenoe. _ Plea9e feel free to oontact me at 571-3450 if. you have ariy questions on this matter. Sincer ely, . ,i�� 'I�RK L. �BL�Qi. • � Asst. Public Works Director I am in agresnent with the oonditions outlir�ed in �his letter. �� . � . �M S� 7r2� �� L�TE City of Fridley TO: William W. Bums, City Manager FROM: John � Flora, Public Works Director Joa H�ukaas, Assistant Public Works Director DATE: August 5, 1999 SUBJECT: Benjamin Street Drainage PW99-146 Benjamin Street has a low point between Gardena Ave and 60th Ave. As the low point for that section of the roadway, this area has experienced some problems with drainage from excessive rains, clogged catch basin and ice-up during winter. The exteat of these problems was not fully tmderstood until recent dialog about the replat of 1583 Gardena raised the issue. Comments from the neighborhood at the Planning Commission meeting and subsequent discussions with residents in the area have brought to light additional information and concems prompting us to look into this matter further. The existing storm sewer drains to the west under the driveway at 53�I1-Ben,�amin Stxeet, Kathy Miller residence, to an outlet near the south edge of the property. During periods of high rain fall, the flow of water backups up in driveways as well as entering the Miller driveway causing erosion as it nu�s offthe sides. In addition, the channel directing water from the storm sewer outlet around the yazd to the azea low point often overflows and causes water to flow across a portion of the yard, resulti.ng in erosion and sediment deposition. The City can reconstruct or add catch basins on the street to handle lazge rainfall events and diminish or eliminate the problems with water backing up in driveways. In discussions with Kathy Miller, she has agreed to provide a drainage easement along the existing storm sewer and outlet channel to allow the City to do some drainage improvements such as channel stabilization and berming. These improvements will keep the water in the intended drainage route. JHH/JGF: cz cc: Kathy Miller 0 a �- N 2 � � VI ...� �II J �U L�. W X � � �� _ Q H y H � �� C y O OC II O J F- "�30 � CURB F/L � � J EL=100.42 � � � y � I � s U � �0�+ a u �" j l• �. p Ii '�t Q.' 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Gi '�� a �. y �� a � Gi X e r N � � �� ClntB F/L � � � dl��..1oa�2 � � � l7 � d � v �x�l� � � ��4 V O �� X x I� a R G� �� ! � 1`c� � � x k k � �.�' � i� � � � d � � a � � I � a'�' .o ,�°�'�' �� x ` oy �� d .•,� .� e�o+ �,�.� � � � � '� ��- � � l � cs�cs.•a �t +� �' � � �i rJ ��' I �3 � �� A �� DQ3 NQ 1tH a� x I� 1� �y �•(�.�3 I I� 1� �iC g�7 D/V E�i do. �i � � ' � Gi � � i � q,■100.37 � - �I ��' � � � � v��, � � � � � B+ � � � x c� srrr �a; m 4 L• � o ti.�. � �3es�s° � � F �$� � � `^$'�X W �1#' � �.+6 Syi � �c �T mv Enc �� o$� '� d Z�� ,� g a.•ioao� � � � ``•- r� �' �r� " � � '1! "�- W � �� X�` $, � �� L1 m �� e aiv � up{ �� g s d�, � I a. �.ee a��es. I�' �I � d �+s a� x��'�i� � F� �� u a n i �� c eir wv e� ,��t �� i�a�X �3 �/�i�x��9R ��o^II� ��e a k ec ''3 0� d�{ � d o ��' c� ece erros•� X �/ / x x�!5 d�, �� cc w•se•-Q � '��'�`'��p '` �� c� 1�� `J�I �a� I'� i 6 x a' � � arr� x '� �' � � qtc A 4T' cc �.}� X X �,� �� a L ��,� �e y ��° P�b� � � � y�� o � � � e �' �•, m� '� t + � ��'? ni Br A, t ' c�ty of Fridley AT THE TOP OF TNE TWINS t � � � � � ; L _____ COMMUNITY DEVELOPMENT DIV. r � � PROTECTIVE INSPECTION SEC � _ � � �""� � CITY NALI FRIDLE� 55132 �""'"�� ,'' 612-571-3450 SuBJECT �U ILDING PERMIT NU►16ER REV DATE PAGE Of s�aFis 8/15/00 / / �oe Aooaess 5950 Benj amin St NE 1 LEGAL LOT NO. BLOCK TRACY OR ADDITION oescR. pt 1 1 Van Gleaves 2 PqOPERTY OWNER MAIL AODRES$ Tom Steifer 5960 Benja.min St NE 3 CONTRACTOR MAIL ADORESS Midwest Window Co, 3739 Minneha.ha Ave Soo I+�pls d ARCHITECT OR DESIGNER MAIL AODRESS 5 ENGINEER MAIL ADDRESS 8 USE OF BUILDING Residential 7 CLASS OF WOFiK O NEW � ADDITION ❑ ALTERATION 8 OESCRIBE WORK Reside - alumi.num trim - Windows Doors 9 CHANGE OF USE FROM STIPULATIONS TO 31312 er SEE ATTACHED SHEET ZIP PHONE 57I-4762 Z�P PHONE UCENSE NO dN 55406 721-5333 2130 ZIP PMONE LICENSE NO. ZIP PHONE LICENSE NO Cl( FiEPAIR ❑ MOVE O REMOVE Siding: Per Section 1402, 1997 Uniform Building Code, rec{uires that a weather resistive barrier be placed over exterior sheathing to protect the interior wa11 covering. Exceptions for this provision would be if sheathing is an approved weatherproof panel or when the siding is an approved weather barrier. Vinyl siding is ncat a weatherproof covering unless the manufacturer states this in their application guidelines. Ca11 for inspection of wrap before covering. Windows: Pr-ovide smoke detectors in aIl sleeping rooms and on all levels of the dwelling per Section 310,9.102 of the 1997 Uniform Building Code. SEPARA7E PERMITS ARE REQUIREO FOR ELECTRICAL, PLUMBING, HEATING, TYPE OF CONST OCCUP� VENTILATING OR AIR CONOITIONING THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION ZONING SQ. fT AUTHORI2ED IS NOT COMMENCED V�1ITHIN fi0 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENOED OR ABANDONED FOR A PERIOO OF 120 DAYS AT ANV TIME AFTER WORK IS COMMENCED. NO. DWLG. UNITS I HEREBY CERTIFV THAT I HAVE READ AND E%AMINED THIS APPLICATION 1 STALLS AND KNOW THE SAME TO BE TRUE AND CORFiECT. A�L PROVISIONS Of LAWS VALUATION AN� OiiDINANCES GOYERNING THIS TYPE OF WOiiK WILL BE COMP�IED WITM WHETMER SPECIFIED HEREIN OFi NOT. TME GRANTING QF A PERMIT .�ZO, 360o OO DOES NOT PiiESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE pERMIT FEE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CON- T CTIO R TME PERFORMANCE OF CONSTRUCT� $335 • ZS � � PLAN CNECK F Lice e. C 0 S�GNATUQ CON.RACTOQOaAUTMOa4EDaGENT iDaTEi ME PRO VA $�GN4TUFE O� OWNEQ��F OWNEp BURDE�7i �DATE� �- � � � OCCUPANCVLOAD CU OFFSTREE7 PARKING IGARAGES SURTAX � $10m18 SAC CHARGE Fir SC $20.36 TOT L FEE 370a79 1AT THIS IS YOUR PEi_i�JJ 0 NEVV [ ] Effective 1/1/2000 ADDN [] CITY OF FRIDLEY (763) 572-3604 Bldg insp ALTER [] SINGLE FAMILY AND DUPLEXES R-1 AND R-2 BUILDING PERMITAPPLICATION Construction Address: � / �d ��i� "5�-� � �ld S / 0� � Legal Description: Owner Name & Address: �� S T6 �� Tel. # ,� 7 / — �76 � Contractor. /�!j �� w� 5'"0'� Gc./ o° ,✓ ��✓ � � ' MN LICENSE # � � � � Address: � % �`� � ;' �v � �2 � � �. � �'�- � � Tel. # � � t � S 33 3 LNING AREA: Attach to this application, a Certificate of Survey of the lot, with the proposed construction drawn on it to scale. DESCRIPTION OF IMPROVEMENT Length Width Height Sq. Ft GARAGE AREA: . Length Width Height Sq. F� fTX«]:i_l 7��1 OTHER: Length Width Hgt/Ground Sq. Ft S i�� ° �i — � L e.+ i'+ — �—/� • "� � 0 Construction Type: t,� :`.-� �� a�.� � — �� Estimated Cost: $ � O t � � 4 `�- Driveway Curb Cut Width Needed: Ft. + 6 Ft = Ft x$ _$ DATE: � �' /� " a� APPLICANT: Tel. # ✓� � '�a� �� J CITY USE ONLY - Call (763) 572-3604 for Permit Fees if mailing in application Permit Fee $�� '�S Fee Schedule on Reverse Side Fire Surcharge $ �0 -.� � .001 of Permit Valuation (1/10th%) State Surcharge SAC Charge License Surcharge Driveway Escrow Erosion Control Park Fee Sewer Main Charge TOTAL STIPULATIONS: $ /0 , !� $.50/$1,000 Valuation � $1100 per SAC Unit $ � - d � $5.00 (State Licensed Residential Contractor�) $ $ Alt. "A" or Alt. "6" Above $450.00 Conservation Plan Review $ Fee Determined by Engineering $ Agreement Necessary [ ] Not Necessary [ ] $ ��D�% BUII.DING PERNIIT FEE SCHEDULE The Chief Building Official shall, before issuing permits for the erection of any building or siructure, or for any addition to any existing building or structure, or for any alteration or repair to any existing building or structure, upon application therefore, require the payment by the applicant for such permit of fees to the amount herein below set forth and in the manner herein provided to-wit: TOTAL VALUE $1 to $500 $501 to $2,000 $2,001 to $25,000 $25,001 to $50,� $50,001 to $100,000 $100,001 to $500,000 $500,001 to $1,0�,�0 $1,0�,001 and up FEES $23.50 $23.50 for first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $69.25 for first $2,000 plus $14.00 for each additional $1,000 or fracdon thereof, to and including $25,000 $391.25 for first $25,000 plus $10.10 for each additional$1,000 or fraction thereof, to and including $50,000 $643.75 for first $50,000 plus $7.� for each additional $1,000 or fraction thereof, to and including $100,000 $993.75 for first $100,000 plus $5.60 for each additional $1,Ot� or fraction thereof, to and including $500,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1, 000 or fraction thereof DRIVEWAY DEPRESSION ESCROW (Concrete C�rb Streets Only) Alternate "A" : Removal and replacement of curb and gutter only - Driveway width plus 6 feet times $15.50. Alternate "B": Removal and replacement of curb and gutter and install a 3 foot wide approach with 6 inch depth - Driveway width plus 6 feet times $23.25. VERIFICATION OF FOUNDATION Permits for construction will be issued a minimum of 24 hours from the time of application to allow for proper review of the proposed structure and of the construction site. A Certificate of Survey of the lot, showing the location of the foundation once it has it has been consteuctte�d �v�lil be required before proceeding with the framing. New Houses Onlv � NEW ADQ9�1 ALTER � � CITY OF FRIDLEY [] 6431 University Ave NE, Fridley, MN 55432 (763) 572�604 [] SINGLE FAMILY AIVD DUPLEXES R-1 AND R-2 (763) 571-128� BUILDING PERMIT APPLICATION Construction Address: :�� ,: �r,% �, ��z ��/ _ ��. S��/32 I � �' Legal Description: Owrner Name & dress: ��t ��YL Tel. #?L 3' S 7/ —�/7� Z Contractor: MN LICENSE # Address: Tei. # LMNG AREA: GARAGE AREA: DECK AREA: Attach to this application, a Cert�cate of Survey of the lot, with the proposed construction drawn on it to'scale. DESCRIPTION OF IMPROVEMENT Length VVidth Height Sq. Ft Length Width Height Sq. Ft Length Z�� Width f�,� r Hgt/Ground � Sq. Ft �� OTHER: � -� ' Estimated Cost: �`3� � � `�� Construction Typc: !�/r C✓ �� $ Driveway Curb Cut �dth Needed: Ft + 6 Ft = Ft x� _� DATE: � �G "' � � APPLICANT: � Tel. # 7�� S7/ — �i7L � Call (763) 572-3604 for Permit Fees if mailing in application. F o 763-571-1287 if using credit card and we will call you for card number. CITY USE ONLY - � Permit Fee � �� ^ � Plan Review � °� ° � � � 4 Fire Surcharge � � l�� State Surcharge Q ��$ �� SAC Charge $ License Surcharge $ Curb Cut Escrow $ Erosion Control $ Park Fee $ Ser�rer Main Charge $ TOTAL $ �� l � T � �, l � Fee Schedule on Reverse Side 65% of Permit Fee .001 of Permit Valuation (1/10th%) $.50/$1,000 Valuation $1450 per SAC Unit $5.00 (State Licensed Residential Contra�tors) Alt. "A" or Alt. "B" Above $450.00 Conservation Plan Review Fee Determined by Engineering Agreement Necessary [ ] Not Necessary [ ] STIPULATIONS: BUII..DING PERMIT FEE SCHEDULE The Chief Building Official shall, before issuing permits for the erection of any building or structure, or for any addirion to any existing building or structure, or for any alterarion or repair to any existing building or structure, upon application therefore, require the payment by the applicant for such permit of fees to the amount herein below set forth and in the manner herein provided to-wit: TOTAL VALUE $1 to $500 $501 to $2,0� $2,001 to $25,000 $25,�1 to $50,000 $50,�1 to $100,000 $1�,001 to $500,000 $500,001 to $1,OOQ,000 $1,0�,�1 and up FEES $23.50 $23.50 for first $500 plus $3 .OS for each additional $1 W or fraction thereof, to and including $2,000 $69.25 for first $2,0� plus $14.00 for each additional $1,�0 or fraction thereof, to and including $25,000 $391.25 for first $25,� plus $10.10 for ea.ch addirional $1,000 or fraction thereof, to and including $50,000 $643.75 for first $50,�0 plus $7.00 for each additional $1,0� or fraction thereof, to and including $1(�,000 $993.75 for first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 $3,233.75 for the first $500,000 plus $4.75 for each addirional $1,�0 or fraction thereof, to and including $1,000,� $5,608.75 for the first $1,(�O,Q00 plus $3.15 for each addirional $1,0� or fraction thereof DRIVEWAY DEPRESSION ESCROW (Concrete Curb Streets Only) Removal and replacement of curb and gutter only - driveway width plus 6 feet times $20.�. VERIFICATION OF FOUNDATION Permits for construction will be issued a minimum of 24 hours from the time of application to allow for proper review of the proposecl stntcture and of the construction site. A Certificate of Survey of the lot, showing the location of the existing foundation will be required before proceeding with the framing. New Houses Only .� v .� � �� M � !+ Q � � � s � � o � •.r � � i , � Q •�� r \� � �`�-j� � R � � � � � �_ . �� " � s �h � 1 r � �! � £ —`'" I' I I �� ,I { � �� # . � _a '� �' -,: g . �_� _ y ; + ��,a....� , �� ..._� � �� ; � .._ , � � ,;i 2 ` �� ' j � � _ _ ___ ��' -� �, ; � ' � � �j �— r ,; � �� .,� , � ,� . .,__ * _ __ , � �.__. ! I � f�.: ,, `��'�� ► � � °�� _ � _� .� ' _ _ i--_ __ __ _ _ —,�t E `� n � �° , oa --� �'V �t � °` _._-_ _- �! i � � _ � �' �r � � � � � � -r � � ; ' ("� ( _ _. . .._ _ � � f� f � � � � . ..._.... � X '_..., ... . . � ,,.6,�.� . � � 1 � y ��t �� — �� , � � _ �S9 __ � ,,i,.�I. c� , 9 _�--- ,► � �� IE� i _� t � � i � , � � � . � � � � � , --�. ..� � � �R � �� f� `' �-� Ui��.�a --� �{1��;��J = _� �a �' vt �� .`''"'d � �1 L�iXh� •j 1 — � -� at. � � `� - � -� _ --� � e� � . , �' `� �� _�� —r �, �— g -� ___ � — �� , ___- . -;i �--- ^�� ' �c�a� :��:{�' al. (r�a�' ft� � � "� •1 �� - U� _ . .,.__� �'` �� t�t _ _ � �.� �� ,� --� °' � � � — c� - __ _ _� �V � ; ,� � � � �� _ ��i � r �� f�I � � � �+ � 1 _ _ _ . „ ,� _ � � ��Y,_. _ _ ____ � �Pl � � � � � � ��„r } C —� 't 1 vi � � iy � afe a r�,5° � ��_ ;� ,. ._._ ..Y.._._..�..�_._ .... ___ ...,....._...��-. �� 0 � � � � � � � �. � � �� .� 5 �– 9 �� ` � � �� " � � �` � -� � �� e� � � �w � � 0 d "�'�°` �y..Y tlU1LUiNti YLANL9 E3TABLISHED 1926 CI LOT BURVEYING AND SPECIFICATIONS P�n�Nd , R RM 9URVEYINO - � 14,g-S9 � M. J. BERSCHEID _ g�3c�i� a� ��e3 Q PHONE PARKVYAY 4-Q�593 O3644 Twerrrr•SECOND AVENUE SOUTH � W► �r'�1 �� Y�� a' MINNEAPDLIS 7. MINN. � �r�` �!�/ � s • r �� v► I9o-.__ o , . -� �i , • ,, � - �, � 1, � ��g �� . `� .. �rir..+w��j •~ ~ ` � w � w � � /� . �" �►... 1►` ,�+ � � ` 1_ O� � � � • �;� 1 � 1p + `~ I �'�� d� ��' i f t/� , �, t .';, 4,z ,: �C'a o ' ,��os� - ti� �- � � � " .� ��r�, `a� o e �U .at .. N W �� ` �, �� p� .o �I Ir 1� ! v' � a � � ' J 0 0 �� ....� r �O -r i � i � � � p►:� � �ed�R��ETfl " '�, ,� 1 ++1' J � �... Z � ' � :.1� A� ' �o .. � � � � � � , , -�-- ---- b� -�-°� _ 3� -- — -� "�aou w"'�, • � ♦ , � O �. w � r �o�t�T� ��uC o� LDY I'�, �u� �KQ �o. q2 I�a�r�by ae�tify �ha� th� above i� a t�°ue and correct pla� og a su�e� o� t,he �o�tt& 160.0 �'��i of �he E��t 290.� fe�i of Lot 13, �,udit rf s �u'bd3'�3.�ion �Tumbc�r 9�, ��cept the �� 30.0 feet thereof sed fAr S�re�t purpo�es. (�noka �aunt�, ,�,�ix�.n.eaota} A.s surve�e by me �,he �5�h dag vf �'un�, 1959. _� } . J. �er�s cheid. � r � r r r w� .� s � � !� � r ,�� L3TZC� ,�j '�TB�'Oi°• ,�• .. . /��1 n . , S Making and Installing Girders 103 ��:s�urface is within a � � � {i';, ��, , ��EVeI, you may not i��er.loists that pro- rnain support in a ( block the view. But �T is more visible, for � i, � decks, and some- I��' 4° ��,�� , t�irs. In those cases � �ore care with the 5"s it up a bit. One 'Ca cut a 45-degree n tomer. This gives iished look. lypica/qirders hove squore ends. �,:@ � :... .. _, , .. r� +� 1,t; ,:�, � � : ;:tr �� ' 3� Y�,S��1 y,s � '� f .. Yf` tu {i''l..s"�`�r.?� , � :.;: , �. ;'�s;. r . �^O�r,. , ��. �: �� Angle cuts con dress up o gi�der. � ��='—��m � � � � �_ �f posts and girders to support a variety of different deck shapes and /evels. � �,. �� l � 1� 1 =�rt�.�( � � �Y� �-�►� . � � ► ��.. , _,o�. �� e �� -X ; y' r ��s u �� ..♦ �� / , l J -" «g^ � r .,. �� iGr7YJCIFZ ( : l.�tt� j��' ...._.... �� ;�� , _._ � i r�i f � �3 _. } -.- 1 E ' �r 4 _ � �,'i � ,,, r �, ; x � 9 ��m� �..:�' , � �; �� ' �. �:2 �.. �� s a �_ � � � � ; ��,. , ,3 =X �� t� �_ � � �V ; -� �� .�. � �. � K i , i � � � �.rr' � � � _ __ `�; w r�'--- � �� ne��4r�� .� f f'^ � ,j G � '� � � �., � �� ir � �'c `� + . � �, � � ' , � � � �� .� � ._. _.. .. ...,.:. _. . . . .. ....,_....,,, �.�..«,...� � m � � °� °�.-�°� _... � � � �. 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