AGREEMENT 1988erranean Engineering, Inc. in the amount of $6,055.99 for services at
the Fbinte site. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all ng aye, Mayor Nee declared the motion carried unanimously.
I�DTMN by Councilman Schneider to approve Order No. 4 with Minnesota
Valley Iandscape, Inc. in the amount of $880.00 for dscaping, Irrigation
and Lighting Project #168. Seconded by Councilman Fitz ick. Upon a
voice vote, all voting aye, Mayor Nee declared the mot cried
unanimously.
15. DONSTDERATION OF AN AGREEMENT WITH THE OWNERS OF 6320 7TH STREET TO
ODNSSVR-U T A LOWER LEVEL STORAGE ARTA:
Mr. Flora, Public Works Director, stated the property owner at 6320 7th
Street constructed a lower level storage area below the garage and below the
required minimum elevation allowed due to possible flooding of the storm
water detention pond on the adjacent property. Mr. Flora stated the owner
has been advised of the probability of being flooded and an agreement has
been prepared to be recorded with the County Auditor advising future owners
of the property of the potential problem with this storage area.
Mr. Flora stated it is requested the council authorize the execution of this
agreement so it can be recorded at the Oounty.
Mr. Herrick, City Attorney, stated the agreement needs some modification of
the language to make it broader.
M3T3DN by Councilman Billing to direct the City Attorney to review this
agreement for any changes or modifications and authorize the execution of
the agreement by the Mayor and City Manager. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
the
`4
by Oouncilman Billing to concur with the following appointment by
y Manager:
STARTIM STARTIM
SALARY EA�
Steven T. Doane Fol ioe cer $10.32 per
12809 Woodview Lane Fblice Dept. hour
Burnsville, MN (partial exempt)
55337
Seconded by Councilman Schneider. Upon a voice
Nee declared the motion carried unanimously.
-12-
January 25,
1988
REFLAACES
Stephen
Miller
voting aye, Mayor
MEW TO: Jock Robertson, Coff munity Development tin.
MEMO FROM: Darrel Clark, Chief Building Official
MEMO DATE: February 3, 1988
REGARDING: 6320 - 7th Street Floor Elevation
-lhe purpose of this memo is to clarify the chain of events preceding the
Council action on approving the agreement of the lowest floor elevation of
the storage area under the attached garage at 6320 - 7th Street.
On November 19, 1987, Todd Anderson applied for a building permit to
construct a house with an attached garage. The house is a split -entry and
the garage is at the foyer elevation with a lower level storage area under
the garage. Mr. Anderson was told at the time of application that the
lowest floor level on that lot was 851 feet above sea level, because of the
retention basin to the west, if an entrance was to be from grade at the floor
level.
The permit was issued with the stipulation that the lowest story floor
entrance elevation was to be 851 feet, which he had verified with field
elevations prior to being granted the permit.
on November 24, 1987 I was requested to inspect the site after the excavation
had been commenced, and new field elevations were taken by the excavator. It
was determined that the original elevations taken by Mr. Anderson were
inaccurate and that the lower storage area could not be attained if the
elevation of 851 feet was to be maintained. The contractor was told he would
have to meet with the City Engineering Department to obtain approval for the
lower elevation, prior to pouring footings. Mr. Anderson then met with our
Engineering Department and it was agreed that the lower elevation would be
approved only for storage and then only if the owner/builder would sign the
agreement referencing the conditions for the approval.
DGC/mh
• STATE OF MINNESOTA )
COUNTY OF ANOKA )
MUTUAL AGREENNT
This Agreement, dated this Zc ��
day of, C, , 1988, by and
between the City of Fridley, a municipal corporation organized
in the State of Minnesota, and Todd G. Anderson and Annie E.
Hart -Anderson, husband and wife, owners of Lot 15, Block 1,
Alice Wall Addition in the City of Fridley, Anoka County,
Minnesota.
Witnesseth, that
WHEREAS, the City as part of the Alice Wall Addition was dedicated
a drainage pond easement adjacent to Lot 15, Block 1, Alice
Wall Addition, and
WHEREAS, THE City has set certain minimum elevations of all
structures constructed adjacent to said drainage pond easement
to comply with the 50 -year flood elevation of 848 feet above
sea level.
NOW, THEREFORE, the parties to this agreement, their successors
and assigns, do hereby agree as follows:
1. That the City allow the owners to construct a lower level
garage at 846.5 feet above sea level, and
2. That said garage is not required to meet the minimum grade
adjacent to the structure of 851 feet above sea level so as
to allow access to the garage, and
3. That the owners, their successors and assigns, of said property
shall not change the use of the lower level garage from an accessory
use as defined in Chapter 205 of the City of Fridley Code to
a use for human habitation.
4. That the owners, of said property, are fully aware of probable
flooding due to the request by the Owners to reduce the minimum
grade requirement below 851 feet above sea level.
5. That the owners, their successors and assigns, either legal
or equitable of said property agrees to indemnify and hold the
City of Fridley harmless for any bodily, structural or property
damage that may be incurred by any flooding due to the reduction
of the above -state minimum grade requirement.
6. That this document shall be recorded with the County Auditor
with the County of Anoka and shall serve as notice to future
owners of said property of the contents of this Mutual Agreement.
This instrument was drafted by:
The City of Fridley
6431 University Avenue, NE
Fridley, MN 55432
To Gd Gd Ander
Rm/-
()&� -
l�1/' � � �r son
Annie E. Harr- "
LETmR OF AGREEMENT - Anderson/City of Fridley
State of Minnesota)
)ss
County of Anoka )
On this day of "��_, 1988, before
within and for the County of Anoka and the State of ,V.
appeared Todd G. Anderson and Annie E. Hart -Anderson,
me known to be the same people described and who e:.-•
instrument, and acknowledged that they executed the :;--
and deed.
J
Notary lic
a Not- %ubl is
sota, onally
,_sLJand ar-: ° e, to
, ,.ed the --agoing
as the=: -oe act
� yor
William J. Nem -
City of Fri dl�
.10, -
�� f -City �y r
Nasim M. Qure
City of Fridl,-�
CLV
• ,......
OU
Y
State of Minnesota)
)ss
County of Anoka )
On this - day of _ , 1988, before me, a Notary Public
within and for said County, personally appeared William J. Nee and Nasim M.
Qureshi, to me personally known, who being each by me duly sworn they did
say that they are respectively the Mayor and City Manager of the City of
Fridley, the municipal corporation named in the foregoing instrument, and
that the seal affixed to said instrument is the corporate seal of said
municipal c rporation, and said William J. Nee and Nasim M. Qureshi
acknowledged said instranent to be the free act and deed of said municipal
corporation.
------------
CLYDE V. MORAVETZ
1� NOTARY PUBLIC • MINNESOTA
ANOKA COUNTY
My CW= Exp. Jen. 24,1994
�+Nota2�bl� is
OFFICE OF MUM RWROM
STATS OF MIRREMITA, MINTY OF AMA
1 herr@y rpr'J(y that Vic w:! :iri
ment was fkd 6? Vils af?i.e t^r re:_rd
09 the JUL 14 198
/D���D'rt��{ pia . a^'' -.;i dill tv:n !ed
By Tclam
uticm
DWO
Ivumerical-*S,
};
Grantor
r
i
Grantee
..,
Recorded
Checked
Margin
Tr. Index
40
V
Cl
?.
OFFICE OF MUM RWROM
STATS OF MIRREMITA, MINTY OF AMA
1 herr@y rpr'J(y that Vic w:! :iri
ment was fkd 6? Vils af?i.e t^r re:_rd
09 the JUL 14 198
/D���D'rt��{ pia . a^'' -.;i dill tv:n !ed
By Tclam
uticm
DWO
j
State of Minnesota)
)ss
County of Anoka )
On this ��^ day of 1988, before me, a Notary Public
within and for said County, personally appeared William J. Nee and Nasim M.
Qureshi, to me personally known, who being each by me duly sworn they did
say that they are respectively the Mayor and City Manager of the City of
Fridley, the municipal corporation named in the foregoing instrument, and
that the seal affixed to said instrument is the corporate seal of said
municipal crrporation, and said William J. Nec and Nasim M. Qureshi
acknowledged said instrument to be the free act and deed of said municipal
corporation.
t~� CLYDE V. MORAVM
1� NOTARYPUBUC-MINNESOTA
ANOKA COUNTY
key Camra Exp. Jan. 24. t 994
C a Publ is
i
STATE OF MINNESOTA )
MUTUAL AGREEMENT
COUNTY OF ANOKA )
c� %4
This Agreement, dated this � / — day of, c'&, , 1988, by and
between the City of Fridley, a municipal corporation organized
in the State of Minnesota, and Todd G. Anderson and Annie E.
Hart -Anderson, husband and wife, owners of Lot 15, Block 1,
Alice Wall Addition in the City of Fridley, Anoka County,
Minnesota.
Witnesseth, that
WHEREAS, the City as part of the Alice Wall Addition was dedicated
a drainage pond easement adjacent to Lot 15, Block 1, Alice
Wall Addition, and
WHEREAS, THE City has set certain minimum elevations of all
structures constructed adjacent to said drainage pond easement
to comply with the 50 -year flood elevation of 848 feet above
sea level.
NOW, THEREFORE, the parties to this agreement, their successors
and assigns, do hereby agree as follows:
1. That the City allow the owners to construct a lower level
garage at 846.5 feet above sea level, and
2. That said garage is not required to meet the minimum grade
adjacent to the structure of 851 feet above sea level so as
to allow access to the garage, and
3. That the owners, their successors and assigns, of said property
shall not change the use of the lower level garage from an accessory
use as defined in Chapter 205 of the City of Fridley Code to
a use for human habitation.
4. That the owners, of said property, are fully aware of probable
flooding due to the request by the Owners to reduce the minimum
grade requirement below 851 feet above sea level.
5. That the owners, their successors and assigns, either legal
or equitable of said property agrees to indemnify and hold the
City of Fridley harmless for any bodily, structural or property
damage that may be incurred by any flooding due to the reduction
of the above -state minimum grade requirement.
6. That this document shall be recorded with the County Auditor
with the County of Anoka and shall serve as notice to future
owners of said property of the contents of this Mutual Agreement.
This instrument was drafted by:
The City of Fridley
6431 University Avenue, NE
Fridley, MN 55432
Todd G. Anderson - Husband
Annie E. Hart Anderson - Wife
LETTER OF AGREEMENT - Anderson/City of Fridley
State of Minnesota)
)ss
County of Anoka )
c�7�f
On this 2% day of -__, 1988, before me, a Notary Public
within and for the County of Anoka and the State of Minnesota, personally
appeared Todd G. Anderson and Annie E. Hart Anderson, husband and wife, to
me known to be the same people described and who executed the foregoing
instrument, and acknowledged that they executed the same as their free act
and deed.
Notary1 is
60'1�
William J. Nee yor
City cf Fridley
Nasim M. Qureshi — City Manager
City of Fridley
ED6c.wY. COU vr