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08/25/1997 - 4795OFFICIAL CITY COUNCIL AGENDA COUNCIL MEETING AUGUST 25, 1997 I:i. �;,. � ' � �inoF rwa �v FRIDLEY CITY COUNCIL MEETING ATTENDENCE SHEET Manday, Augu�� 25, 1997 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN PRINT NAME (CLEARLY) ADDRESS ITEM rrrrrurn�n � t arr aF FRIDLEY FSIDLEY CITY COUNCIL MEETING OF AUGUST 25,1997 The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or acrivities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins ai 5�2 3500 atleast one week in advance. (TTD/572-3534) RLEDGE OF ALLEGIANCE. APPROVAL OF MINUTES: = ' City Council Meeting of August 11, �997 APPROVAL OF PROPOSED-�EONSf�t�' AGENDA: NEW BUSINESS: First Reading of an Ordinance Amending Section 7.02 of the Fridley City Charter (Taxation and Finance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.01 - 1.03 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTlNUED): PAGE 2 Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley Adopting 1997 Tax Levies Collectible in 1998 . . . . . . . . . . . . . . . . . . . . . . . . 2.01 - 2.07 Resolution Approving and Authorizing Execution of Agreement with Northern States �ower Company for Fluorescent Lamp Recycling Cost Reimbursement Services at the Fridley Recycling Center; � Resolution Approving and Authorizing Execution of Agreement with J. R.'s Appliance Disposal, Inc., for Appliance Recycling Services at the Fridley Recycling Center . . . . . . . . . . . . . . . ............... 3.01 -3.08 Receive Bids and Award Contract for Well House No. 1 Booster Station Project No. 298 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.01 - 4.02 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 PAGE 3 APPROVAL OF PROPOSED CONSENT'AGENDA: NEW BUSINESS (CONTINUED): Approve Change Order No. 1 to I-694/TH 47 N. E. Ramp, Project No. ST. 1997 - 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.01 - 5.03 Approve Change Order No. 1 to Street Improvement Project No. ST. 1997 - 1 & 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.01 - 6.03 Approve Change Order No. 3 to Central Avenue Bituminous Sidewalk, Project No. ST. 1994 - 9 . . . . . . . . . . . . . . . . . 7.01 - 7.03 Receive Petition #or Stop Signs at 7th Street N.E. and 68th Avenue N.E. (Ward1) ...................................8.01 Approve Joint Agreement Between the City of Fridley and the City of Hilltop Concerning Contract for Fire Fighting Service . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . 9.01 - 9.07 FRIDLEY CITY COUNCIL MEETING OF AUGUST 25, 1997 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED�• PAGE 4 Approve 1997-1998 Animal Controi Contract between the City of Fridley and Brighton Veterinary Hospital . . . . . . . . . . . . . . . . . . . 10.01 - 10.06 Appointment - City Employee . . . . . . . . . . . . . . . . . . . . . 11.01 Claims ....................................12.01 Licenses Estimates: ....................................13.01-13.03 ....................................14.01-14.14 FRIDLEY CITY COUNCIL MEETlNG OF AUGUST 25, 1997 RkGE 5 ADOPTION OF AGENDA- OPEN FORUM, VISITORS• (Consideration of Items not on Agenda - 15 Minutes) OLD BUSINESS: Second Reading o� an Ordinance Recodifying the t=ridley City Code, Chapter 1, by Amending � - Section 1.02.09 (Ward Boundaries) : . . .. . : . . . . . . . . . . . . . 15.01 - 15.03 0 NEW BUSINESS: Resolution Adopting a "Proposed" Budget for the Fiscal Year 1998 . . . . . . . . . . . . . . . . . . . . . . . . 16.01 - 16.03 Resolu#ion Certifying "Proposed" Tax Levy Requirements for 1998 to the County of Anoka . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.01 - 17.02 ■ . s . � 2 a FRIDLEY CITY COUNCiL MEETING OF AUGUST 25, 1997 PAGE 6 NEW BUSINESS (CONTINUEDI,� Variance Request, VAR #97-12, by William and Wendy Nergard, to Reduce the Required Lot Size from 7,500 to 5,500 Square Feet; to Increase the Lot Coverage from 25% to 32%; to Decrease the Front Yard Setback from 35 Feet to 22 Feet; and to Reduce the Rear Yard Setback from 27.5 Feet to 17.5 Feet, all in Order to Buiid a New Single Family House at 650 Dover Street N.E. {Ward 3) .. . . . . . . . . . . . . . . . 18.01 - 18.37 Informal Status Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.01 A. Point-of-Sale Inspection Program for Single Family Housing. � : C. ADJOURN: Proposed Policy Relating to Storm Damaged Trees. Update on Storm Drainage Projects. ? I, �'R/DLFY C/TY CaUNC/L MFFT/NG tJF AUGUSf 25, 1997 � CITY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treafinent, or employment in its services, programs, or activities because of race, color, creed. religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to pub(ic assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities �vho require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PtEDGE OF AL�EGIANCE. APPROVAL OF MINUTES: City Counc+l Meeting of August 11, 1997 e� 1'GG� �� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: First Reading of an Ordinance Amending Section 7.02 of the Fridley City Charter (Taxation and Finance) . . . . . . . . . . . . . 1.01 - 1.03 !\ �,,�, �. �`� � - Resolution Consenting to the Housing and Redevelopment Authority in and for the City of Fridley Adopting 1997 Tax Levies Collectible in 1998 ..... 2.01 - 2.07 'C �`�'�� -`� APPROVAL OF PROPOSED CONSENT AG�NDA: NEW BUSINESS ICONTINUEDI- Receive Bids and Award Contract for Weil House No. 1 Booster Station Project No. 298 . . . . . . . . . . . . . 4.01 - 4.02 �� ,�, e � � Approve Change Order No. 1 to I-694/TH 47 N.E. Ramp, Project No. ST. 1997 - 3 . . . . . . . . . . . . 5.01 - �.03 �c�S�e G w ��. Approve Change Order No. 1 to Street Improvement Project No. ST_ 1997 -1 & 2 . . . . . . . . . . . . 6.01 - 6.03 � �c��(i Approve Change Order No. 3 to Central Avenue Bituminous �'' Sidewalk, Project No. ST. 1994 - 9 . . . . . . . . . . . . . 7.01 - 7.03 Resolution Approving and Authorizing Execution of Agreement with No�thern States Power Company for Fluorescent Lamp Recycling Cost Reimbursement Services at the Fridley Recycling Center; and, �' �`� � :� Resolution Approving and Authorizing Executian of Agreement with J.R.'s Appliance Disposal, Inc., for Appliance Recycling Services at the Fridley Recycling Center . . . . . . . . . . . . 3.01 - 3.08 ��`�� . �� , �`> ��L� l��,e � � Receive Petition for Stop Signs at 7th Street N.E. and 68th Avenue N.E. (Ward 1) . . . . . . . . . . . . 8.01 �5�� / � � � �� Approve Joint Agreement Between the City of Fridley and the City of Hilltop Concerning Contract for Fire Fighting Service . . . . . . . . . . . . .z9.01 - 9.07 � � �� e (Y t . APPROVAL OF PROPOSED CONSENT AGENDA- NEW BUSINESS (CONTINUED� Approve 1997-1998 Animal Control Contract between the City of Fridley and Brighton Veterinary Hospital 10.01 - 10:06 �� Appointment - City Employee . . 11.01 �� a Claims ............. 12.01 � �5��, � Licenses . . . . . . . . . . . . . 13.01 -13.03 � a�S� G Estimates: . . . . . . . . . . . . . 14.01 - 14.14 � �� ADOPTION OF AGENDA: OPEN FORUM. VISITORS: (Consideration of Items not on Agenda - 15 Minutes) OLD BUSINESS: Second Reading of an Ordinance Recodifying the Fridley City Code, Chapter 1, by Amending Section 1.02.09 (Ward Boundaries) .... 15.01 - 15.03 —��eCj, �� ,� N�W BUSINESS: Resolution Adopting a "Proposed" Budget for the Fiscal Year 1998 ....... 16.01 - 16.03 �A SS� � �LP�7 l� � Resolution Certifying "Proposed" Tax Levy Requirements for 1998 to the County of Anoka . . . . . . . . . . . . . 17.01 - 17.02 �� ;�� i��- `. =riance Request, VAR #97-12, by '�': Iliam and Wendy Nergard, to Reduce i-e Required Lot Size from 7,500 to � 500 Square Feet; to Increase the Lot Coverage from 25% to 32%; to Decrease t�e Front Yard Setback from 35 Feet tc 22 Feet; and to Reduce the Rear Yard Setback from 27.5 Feet to 17.5 Feet, all in Order to Build a New Single Family House at 650 Dover Street N.E. (Ward 3) . . . . . . . . . . . . . . . . . . . . 18.01 - 18.37 ��"�'� Informal Status Reports . . . . . . . . . . . . . 19.01 A Point-of-Sale Inspection Program for Single Family Housing. B. Proposed Policy Relating to Storm Damaged Trees. C Update on Storm Drainage Projects. ADJOURN: THE• MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF AUGUST 11, 1997 0 � TRE MINUTES OF TRE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 11. 1997 The Regular Meeting of the Fridley City Council was called to order by Mayor Jorgenson at 7:35 p.m. PLEDGE OF ALLEGIANCE• Mayor Jorgenson led the City Council and the audience in the Pledge of Allegiance to the Flag. ROLL CALL: Members Present Members Absent PRESENTATION: Mayor Jorgenson, Councilman Councilwoman Bolkcom Councilman Schneider Barnette, Councilman Billings, Fridlev American Le�ion Post #303 Donation for Community Activity Center Commander Roland Lutz and Past Commander Arlo Schweikert of the Fridtey American Legion Post #303 presented a check in the amount of $5,000 to Mayor 7orgenson as a donation toward the remodeling of the Community Activity Ceriter. APPROVAL OF MINUTES• COUNCIL MEETING JULY 28 1997 MOTION by Councilwoman Bolkcom to approve the minutes as presented. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. APPROVAL OF PROPOSED CONCENT AGENDA: NEW BUSINESS: 1. RESOLUTION COMMENDING THE ANOKA COUNTY EMERGENCY SERVICES. INTEGRATED WASTE MANAGEMENT AND PARKS DEPARTMENTS: �. Mr. Burns, City Manager, presented the resolution expressing Council's appreciation to Anoka County for the opening and operation of their brush disposal site. The site was open throughout July to accommodate the July storm damage. ADOPTED RESOLUTION NO. 59-1997. FR�DLEY CiTY COUNCIL MEETING OF AUGUST 11, 1997 PAGE 2 2. RECEIVE BIDS AND AWARD CONTRACT FOR DRIVEWA�' PAVING PROJECT NO. 307: Mr. Burns, City Manager, presented bids received from two bidders on July 18, 1997. The low bid was submitted by Diversified Paving in the amount of $81,536.40. The amount was based on a ma�cimum of 44 interested property owners. As of today, we have 22 property owners who are committed to using the City's contractor for conversion of gravel driveways to hard surfaced driveways. Although the bid amount is higher than necessary for 22 properties, by the terms of our contract, we will be billed for only those properties that choose to participate. The property owners will have the choice of being assessed or paying their shares up front. Staff recommends that Council receive the bids and award the contract to Diversified Paving in the amount of $81,536.40 � RECEIVED THE FOLLOWING BIDS FOR DRIVEWAY PAVING PROJECT ' NQ. 30?: DIVERSIFIED PAVING, $81,536.40; AND DMJ CORPORATION, $87,039.80. AWARDED THE CONTRACT TO TFIE LOW BIDDER, DIVERSIFIED PAVING, IN THE AMOUNT OF $81,536.40. 3. APPRO� CHANGE ORDER NO. 2 TO CENTRAL AVENUE BiKEWAY/WALKWAY PROJECT NO. ST. 1994 - 9: Mr. Burns, City Manager, presented the consideration of a motion to approve Change Order No. 2 for the Central A�enue bikeway project. It covers the cost of additional tree removal identified during construction. '-'�`tte �removal of additional trees occuned as a � result of alignment changes and from resident requests regarding boulevard trees. The change order also covers additional .costs for insulating water services located during construction and found to be too shallow for the new surface grades. The cost of the change order is $18,560. Staff recommends approval of the change order and the payment of this amount to the contractor for the project, Hardrives, Inc. AUTHORIZED CHANGE ORDER NO. 2 TO THE CENTRAL AVENUE BIKEWAY/WALKWAY PROJECT NO. ST. 1994-9 WTTH HARDRIVES, INC., IN THE AMOUNT OF $18,560. 4. RESOLUTION AUTHORIZING CAANGES IN APPROPRIATIONS FOR THE GENERAL FUND AND THE CAPITAL IMPROVEMENT FUND FOR THE FIRST AND SECOND QUARTERS OF 1997: Mr. Burns, City Manager, presented of a resolution authorizing changes in General Fund and General Capital Improvement Fund. These adjustrr�,pts have arisen as a result of donations, unforeseen expenditures and revenues and recoding of expenditures. The City has a net General Fund addition of $14;036. Of this amount, $4,993 has been covered from donations and payments from outside sources. The remaining amount ($9,043) will be covered by emergency reserve. The latter items are largely related to consulting services for the gravel driveway program: The money also covers an emergency repair to the City's telephone system. The General Capital Improvement Fund adjustments are all FRIDLEY CiTY COUNCiL MEETING OF AUGUST 11 1997 PAGE 3 related to the construction of the Fire Training Center. All of these adjustments ($70,000 total) are covered by payments from other Fire Departments. Later this year we can expect further adjustments of $75,000 to cover Fridley's portion of the Fire Training Center construction. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 60.1997. 5. FIRST READING OF AN ORDINACE RECODIFYING THE FRIDLEY CITY CODE CHAPTER 1 BY AMENDING SECTION 1.02.09 ARD BOUNDARIESI• This item was removed from the consent agenda and placed on the regular agenda as Item 9b. 6. CLATMS: AUTHORIZED PAYMENT OF CLAIM NOS. 75831 - 76071. 7, T IrFNSES• APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE IN. THE LICENSE CLERK'S OFFICE. 8. ESTIMATES• APPROVED THE ESTIMATES AS FOLLOWS: Frederic W. Knaak, Esq. Holstad and Larson, P.L.C. 3535 Vadnais Center Drive, Suite 130 St. Paul, MN 55110 Services Rendered as City Attorney for the Month ofMay, 1997 . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,250.00 Hardrives, Inc. 14475 Quiram Drive Rogers, MN 553374 Central Avenue Bikeway/Walkway � Project No. ST. 1994 - 9 Estimate No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 42,586.60 FRIDLEY CITY COUNCIL MEETING OF AUGUST 11 1997 PAGE 4 Jay Brothers, Inc. 9218 Lake Drive N.E. Forest Lake, MN 55025 Central Avenue Bikeway/Walkway Bridge Abutments Project No. ST. 1994 - 9 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,975.63 No persons in the audience spoke regarding the proposed consent agenda items. MOTION BY Councilwoman Bolkcom to approve the consent agenda with the exception of Item 5. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilwoman Bolkcom to adopt the agenda with the addition of consent Item N�. 5 from the consent agenda. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimouslv. OPEN FORUM. VISITORS• Paul Monson. 369 66th Avenue N E Paul Monson addressed the City Council regarding water problems in his yard. When he first purchased his home he had water in his basement. �ith any �rain there is flooding; however fhis summer has been unusually bad. Due to extensive landscaping, Mr. Monson has been able to keep the water out of his home, but he has a tremendous amount of water running through his yard. His yard now has sink holes. Mr. Monson is requesting the Public Works Depa�tment to look at the storm sewer in his neighborhood. Mr. Flora, Public Works Director has been to the neighborhood and has seen the drain pipe and culvert across the street, but he had not been to Mr. Monson's yard. Mr. Monson asked if the City is liable if he finishes off his basement and the storm sewer to backs up into his home. Mr. Flora replied that the issue needs to be addressed by an insurance carrier. Mayor Jorgenson reported that street water back-up is different from sewer back-up. The City does want to hear about street water back-up in order to investigate. Mr. Flora will check to see if the storm sewer has been inspected in that neighborhood. � Susan Baker 378 66th Avenue Ms. Baker, a neighbor of Mr. Monson, also addressed the City Council regarding flooding. The Bakers have installed landscaping to address water problems. It appears the water runs off Mississippi Street gathering in her yard and continues passing through the Monson's yard. FRiDLEY CITY COUNCIL MEETING OF AUGUST 11 1997 PAGE 5 Councilman Barnette asked if either party received a notification when purchasing their homes about water problems. Mr. Monson reported that he was awarded compensation to pay for half of the drain tile installation after purchasing his house. Ms. Baker replied that she was not aware of a water problem when purchasing her property. She said that over the past five years, it has flooded once a summer. This year the water has been waist deep around her home. Discussion followed with the determination that Mr. Flora or someone else from City staff will return to the neighborhood to visit the site and report back to Council with a recommendation. OLD BUSINESS: 9. SPECIAL USE PERMIT SP #97-02 BY AOME DEPOT USA INC. TO ALLOW NURSERIES OR GARDEN CENTERS WAICH REOUIRE OUTDOOR SALES AND STORAGE, GENERALLY LOCATED AT 5650 MAIN STREET N.E. WARD 3) (TABLED JU �Y 14, 1997)• MOTION BY Councilwoman Bolkcom to remove this item from the table. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried. unanimously. Barbara Dacy, Community Development Director, presented Special Use Permit, SP#97-02, �vhich was tabled at the July 14, 1997 meeting, with direction to the petitioner to investigate integrating the garden center into the original store plan. Council was interested in having Home Depot, Inc. representatives who were at the meeting coordinate with City staff in preparation of a plan. However, since that time, there �as been no contact. The store manager has not returned staf�s calls. At the July 14, 1997 meeting Council also asked for a sixty-day action deadline date. That deadline is August 16, 1997. Due to lack of additional information regarding the plan for architectural integration of the outdoor sales area into the building, staff recommends that Council deny the request for a special use permit: This denial is consistent with the Planning Commission's recommendation regarding the request on June 18, 1997. Mayor Jorgenson inquired if there was a representative from Home Depot in the audience. There was no response. MOTION by Councilwoman Bolkcom to deny Special Use Permit, SP#97-02 based on the findings contained in the staff report. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 5. FIRST READiNG OF AN ORDINACE RECODiFYING TAE FRiDLEY CITY CODE CHAPTER 1 BY AMEND�NG SECTION 1.02.09 WARD BOUNDARTES)• ,�,. Mr. Burns, City Manager, presented the proposed ordinance that creates a new precinct to accommodate the residents of newly annexed land. Since this new land is in a different County Commissioner's District, the City cannot attach it to the adjoining precinct (Ward 3, Precinct 1). The City is also limited by the absence of clearly recognizable features, such as streets, and must use legal descriptions to identify the new pcecinct. The use of legal descriptions rather than FRiDLEY CiTY COUNCiL MEETING OF AUGUST 11 1997 PAGE � streets also requires that the new precinct be named in a manner that reflects its relationship to the adjoining precinct. This means that the adjoining precinct should be renames Ward 3, Precinct lA and the new precinct named Ward 3, Precinct 1B. The situation is further complicated by the fact that the new precinct does not meet the statutory criteria that would have allowed the City to create a combined polling place for both precincts. In all likelihood the seven voters in the new precinct will be faced with a choice of using mail-in ballots or journeying to the Municipal Center where they will be served by City employees acting as election judges. Regardless of the manner of balloting it would appear that it is important to establish the new precinct at this evening's meeting. Staff recommends the establishment of Ward 3, Precinct lA and Ward 3, Precinct 1B. Councilwoman Bolkcom expressed concern that the seven residents were not contacted concerning this issue. Mr. Burns reported that the residents will be contacted prior to the next reading. Councilwoman Bolkcom suggested that staff get answers to the following questions: "Does the County have final say where the voters go to vote? Is there a way to get around having the residents come to the Municipal Center tc vote? �f the residents nave to come to the Municipal Center, will there be three staffmembers there until 8 p.m.?" Councilman Billings provided additional insight to the state statute that prohibits two precincts polling at the same location. Because there are less than fifty people in the precinct, we are allowed to do a mail ballot which would be the easiest way to accomplish this change. In the year 2001 we will redistrict so the problem will go away. We are only talking about two elections. MOTION by Councilwoman Bolkcom to approve the first reading of the ordinance to change the Fridley City Code by amending ward boundaries. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 10. RECEIVE BIDS AND AWARD CONTRACT FOR COPIER MACAINES: Mr. Hunt, Assistant to City Manager, presented bids for copy machines. Two separate bids were solicited: one for seven machines in the Municipal Center, City Garage and Nature Center to be paid out of the General Fund; and another for two machines in the Liquor Stores to be paid for out of the Liquor Fund. The bidders were to offer a price which included the trade-in of current machines. The new copy machines were to be guaranteed for five years, and the maintenance and supply agreement was to be firm for four years: Thirteen venci6rs were solicited, and seven responded with a bid. Upon analysis of the bids submitted it appears that by revising the specifications to eliminate some l� of the helpful but lesser used features on the two larger copy machines in the Copy Center and the �� Recreation Department, the City could save as much as $17,000 over a four-year period. FRiDLEY CITY COUNCiL MEETiNG OF AUGUST 11 1997 PAGE 7 Accordingly, Mr. Hunt recommended that all bids be rejected and that staff be instructed to re- advertise for bidding using revised specifications. Seven vendors also bid on the two copier/fax/printers for the two Liquor Stores. Copy Sales did not quote a price for service and maintenance. Their bid also arrived after the deadline for submission. Therefore, Mr. Hunt recommended that Council receive only the other six bids. The original estimate for two machines and four years of service and maintenance was about $5,260. Konica Products bid $3,384 for two machines and two cents per copy for service and maintenance amounting to a total cost of $3,960 for the estimated usage over the next four years. Mr. Hunt recommended that Council award the contract for acquisition of two copier/fax/printer machines to Konica Products. Councilwoman Bolkcom asked why the City would not re-advertise the entire bid process instead of splitting it in two projects. Mr. Hunt felt that the response was good and that the City would not make any material gains by re-bidding the Liquor Store equipment. MOTION by Councilman Barnette to accept the bids for the copier/fax/printer equipment for the Liquor Store awarding the contract to Konica Products for $3,960 Seconded by Councilwoman Bolkcom. Upon a voice vot�, al: voting aye, Mayor 7orgenson deciared the motion carried unanimously. 11. INFORMAL STATUS REPORTS Mr. Burns reported that informal discussion will include from the July 1 storm branch pickup. Councilwoman Bolkcom reported on -the University Avenue fence discussion with Jean Reveling. Ms. Reveling suggested that removal of the fence would enhance efforts to improve the image of Fridley. One of the concerns is the garbage that collects along the fence. Mr. Flora reported that the guardrail along Highway 65 will be addressed by MnDOT in the form of repairs or replacement. There is not much of a median, and space limits the options available . for replacement. Mike Teske 1280 - 52nd Avenue North Mr. Teske updated Council on the status of water problems that he reported last month. Mr. Flora said that he has not heard from the Columbia Heights City Council. He stated that a meeting will take place Wednesday, August 13 regarding this problem. Mr. Flora recommended that Mr. Teske also present his problem to the Columbia Heights City Council. � FRTDLEY CITY COUNCIL MEETING OF AUGUST 11 1997 PAGE 8 ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeting. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the regular meeting of the Fridley C.ity Councii of August 11, 1997 adjourned at 8:20 p.m. Respectfully submitted, Debbie Kidder Nancy J. Jorgenson Secretary to the City Council Mayor � TO: WILLIAM W. BIIRNB, CITY MANAGER �� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR - WILLIAM A. CHAMPA, CITY CHARTER STAFF LIAISON SUBJECT: FIRST READING OF AN AMENDMENT TO SECTION 7.02 OF THE FRIDLEY CITY CIiARTER DATE: AOGUST 20, 1997 At the July 14, 1997 meeting of the Fridley City Cot�ncil,-a public hearing was held on an amendment to Section 7:02.of the Fridiey City Charter which was proposed by the Fridley Home RuTe Charter Commission. Minnesota Statutes, Chapter 410.12�, S�bd. 7._Amendment_hy._o�dinancs_ ._____ _ - -- begins as- follows: "IIpon recommenda�io�-_�-f =�he. �harte�_�comnrs.ssian -�:_ - - � - - � the city council may enact a chart�r amentlm�nt��y ardinanc�. = S'uerr--- �- �-'_� "- an ordinance, if enacted, -shali be -adopted- •by "-the couxicil by ��n - _ _ _ affirmative- vote cf--a11 ita �aen[bers aft�r--a- �fe-2�earin u on ��ao- -- -� Pnb g' - ,�, -- _ � weeks' published notice containing_ th��=`text.,-of., �fihe•- �ropo��d _ � _- . , _ . . _-- amendment-ar�d -shali= be approv+ed--by tYie mayar-arrd�-pubYrsh�c't-as rn--:- �` --. , � - ° -._ _- -. -. the case of other. ordinances. n (Emphasis azld�d. ) - -- � Subject to these considerations, we reguest that you present this -- amendment to the Fridley City Council for a-first reading of,the amending ordinance at their meeting of August 25, 1997. Attachment c: Don Mittelstadt, Chairperson, Fridley Charter Commission 1.01 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 7.02 OF THE FRIDLEY CITY CHARTER The City Council of the City of Fridley does hereby ordain as follows: That the following sections of the Fridley City Charter be amended as follows: CHAPTER 7 TAXATION AND FINANCE Section 7.02. POWER OF TAXATION. l. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the State which are apglicab�e to cities of the �lass of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed ��ee�t-��6-j—��s e�-�� e��-e�€-�e-�s s e9�e�a-1-�t�e�-e€-�re-�e�ge��-��_�� ie--E�-�%^��,,"'c�iaz=;zg--sii�"c= Ti�i-��-zi2—us$e�ea��r'rua--o= � e�-€e�-�reiees�e��ges�eg s`� ��'�� e-�e� a � ��e�-�2��ese��—S��es, : 6ee�e�t-�3�,_ �el�rsre�a in dollars , a tax 1ew that is c�reater than the by the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban Consumers in the Minneapolis, St. Paul metropolitan area. (8ef. Ord. 592) �-eT�Y�a-u8 �ie-�'tESI�-�6� ,,.�,. �....E9-c'�i`�-t9�� ' a,.a �i..,. n.. . ; i S�: . � �9�r"'�ri—�i@ir � Ec ".r�r'r—�u��"4 "@'6d-�zr—cr=�c� � r �6—�3,••: •.• c,• � � � E�ui—i-l�Eirr-a�—�ic—�L-"�rvn—v-i �ati'-rc c6 H�tG �� ■O� Page 2 -- Ordinance No. 3-2. The City Council may also levy a tax in any year against real and personal property within the City in addition to said �-r�£-�e i� c� : i i i� ��-L --- a a.i., i • t c...a Z1Mlt ' C� {...11G 1 G Y 1 N I as defined in paractraph 1 provided the Council shall: A. Adopt a resolution declaring the necessity for an additional tax levy and specifying the purposes for which such additional tax levy is required. B. Hold a public hearing pursuant to three (3) weeks' published notice in the official newspaper of the City setting forth the contents of the resolution described in Subdivision A. C. Adopt after such public hearing a resolution by an affirmative vote of a least four (4) members of the Council which resolution provides for such levy. (Ref. Ord. 592) PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Public Hearing: June 9 and July 14, 1997 First Reading: 1.03 MEMORANDUM DEVELOPMENT DIRECTOR DATE: August 21, 1997 TO: William Bums, City Manager ,�� FROM: Barbara Dacy, Community Development Director Grant Fernelius, Housing Coordinator �UBJECT: Resolution Consenting to HRA Tax Levy for Taxes Payable in 1998 As you recall, last year the HRA adopted a tax levy for taxes payable in 1997 to help support the single family housing rehabilifation program. The purpose of the tax levy was to help repay the $1.5 million loan from the City to capitalize the revolving loan program. On May 15, 1997 the HRA received $85,610 from the County which represents %z of the tax levy for 1997. The levy is based on .0144% of the market value of all taxable real property in the City. On August 1, 1997 the fi�st installment of the City's loan equal to $71,666.46 was paid, leaving an outstanding principal balance of $1,465,833.54. Additional fixed payments to the City of $143,332.92 per year will be required until 2012 when the loan will be paid in full. At their August 14, 1997 meeting, the HRA passed a resolution on a 2 to 1 vote to adopt a tax levy for taxes payable in 1998. A separate resolution (copy attached) must be adopted by the City Council consenting to the HRA tax levy prior. The levy notification must be submitted to Anoka County by September 15"'. The HRA's tax levy rate will remain the same in� 1998, however the increased market values will produce slightly higher revenues ($176,952 in 9998 vs. $168,993 in 1997). Also attached is a copy of the State Statute authorizing the HRA tax levy, tax levy projections for 1997 and 1998, the impact of the HRA tax levy on typical residential and commercial properties and the repayment schedule for the HRA loan. 2.� � HRA Tax Levy Memo August 21, 1997 Page 2 Recommendation Staff recommends that the City Council adopt the attached resolution consenting to the HRA tax levy for taxes payable in 1998. G F/ M-97-356 2.�2 RESOLUTION �t0. — 1997 A RESOLUTION CONSENTI�i 1G TO THE HOUSI'iYG AND REDEVELOPi��1T AUTHORITY TN Ai�tD FOR THE CITY OF FRIDLEY ADOPTING 1997 T�� LEVIES COLLECTIBLE I�i T 1998 BE IT RESOL`rED by the City Council (the "Council") of the Cit�� of Fridley; Min.nesota (the "City"), as follows: Section � . Rzcitals. 1.01. Th° Hou �ing and Redevelopment Authority in and for the City of Fridlev (the "_�uthorit�'') at its re�ular me�tinQ on Auoust 14, 1997 adopted the attached HR� Resolution No. - 1997: _=� Resolution Adoptina 1997 Levies Co:iectiole in 1998. 1.02. Tne Council must consent to any Authority levy prior to its becoming effective as Ie(�ULr�C3 '�y l��ir.nesota Stat�tes Section 4o9.G33. Section 2. Consent. � 2.01. The Council hereby consents to the HRA Resolution and to levies deseribed therein. PASSED AI�TD ADOPTED BY TF� CITY COUNCIL OF TT� CITI' OF FRIDLEY THIS DAY OF , 199 . ATTEST: WII.LIA��i a. CHa��iP� - CITY CLERK F�FRIDLEY�ii0US97•CIn' RES NANCY JORGENSOti - VIAYOR 2.03 ••�,� �l� aaa Sygy KRASS MONROE �i� FRIDLEI' i � fls�l��9� [REVISOR j JMR/CA CCRAF2163 , 1 sufficient to authorize operation of the program in its area of 2 operation for which it was created without additional local 3 governing body approval. Approval by the governing body or 9 bodies creating the authority constitutes approval of a housing 5 program for purposes of any special or general law zequiring 6 local approval of section 8 programs undertaken by city, county, 7 or multicounty authorities; and $ {32) to secure a mortgage or loan for a reatal housing 9 project by obtaining the appointment of receivezs or assignments 10 of rents and profits under sectioris 559.17 and 57b.01, except 11 that the limitation relating to the minimum amounts of the i2 oriqinal pzincipal balances of mortgages specified in sections Z3 559.17, subdivision 2, clause f2); and 576.01, subdivision 2, 14 does not apply. 1� Sec. 43. blinnesota Statutes 1996, section 4G9.033, - i6 subdivision 6, is amended ta read: 17 Subd. 6. [OPERATION ARElf AS TAXING DISTRICT, SpECIAL Tpil(_j 18 All of the terzitory included within the area of operation of 19 any authority shall constitute a taxing district for the puzpose 20 of levying and collecting special benefit taxes as provided in 21 this subdivision. All of the taxable property, both real and 2z personal, within that taxing district shall be deemed to be 23 benefited by projects to the extent of the special taxes levied 24 under this subdivision. Subject to the consent by resolution of ZS the governing body of the city in and for which it was czeated, 26 an authority may levy a tax upon all taxable property within 27 that taxfng distriCt. The tax shall be extended, spread, and 28 included with and as a part of the genecal taxes for state, 29 county, and municipal purposes by the county auditor, to be � 30 collected and enforced therewith, together with the penalty, 31 interest, and costs. As the tax, incZuding any penalties, 3� interest, and costs, is collected by the county tzeasnzer it 33 shall be accumulated and kept in a sepatate fund to be known as 39 the "housing and redevelopment project fund." The money in the 35 fund shall be turned over to the authority at the same time and 36 in the same manner that the tax collections for the city are Article Z Seetion 43 �ao� � 006 HRA Tax Levy Projections Tota! Taxes Levy Market Payable Rate Value 1997 0.014400 $ 1,173,256,400 1998 0.014400 $ 1,211,076,900 (a) - 1 st half taxes paid 5-15-97. Projected Tax Actual Levy Paid $ 168,993.00 $ 85,610.00 (a) $ 176,952.00 $ - HRA TAX LEVY PROJECTIONS Page 1 $'�.'05 Typicai Homeowner 63XX Monroe St. NE 63XX Quincy St. NE 7XX Bennet Dr. NE 59XX 2-1 /2 St. N E 5XX Hugo St. NE Tvpicai Commercial Propertv 77XX University Ave. NE 78XX Ranchers Rd. 78XX Ranchers Rd. HRA Tax Levy impact HRA '1997 Tax Levy EMV impact $ 85,600 $ 12.33 $ 87,600 $ 12.61 $ 81,800 $ 11.78 � 72,800 � 10.48 � 46, 700 $ 6.72 � 290,000 $ 41.76 $ 578,700 $ 83.33 $ 541,400 $ 77.96 2.06 HRA 199$ % Tax Levy EMV Change Impact $ 88,565 $ 90,626 $ 84,688 $ 79,061 $ 45,492 $ 290,000 $ 578,500 $ 552,550 3% $ 12.75 3°/a $ 13.05 4% � 12.20 9% � 11.38 -3% $ 6.55 0% � 41.76 0% $ 83.30 2% $ 79.57 Loan From City of Fridley Debt Service Schedule Outstanding _Date Principal Jnterest Debt Service Principal 1,500,000.00 08l01/97 34,166.46 37,500.00 71,666.46 1,465,833.54 02/01/98 35,020_62 36,645.84 71,666:46 1,430,812.92 08/01/98 35,896.14 35,770.32 71,666.46 1,394,916.78 02/01/99 36,793.54 34,872_92 71,666.46 1,358,123.24 08/01/99 37,713.38 33,953_08 71,666.46 1,320,409.86 02/01/00 38,656.21 33,010.25 71,666.46 1,281,753.64 08/01 /00 39,622.62 32,043.84 71,666.46 1,242,131.02 02/01 /01 40,613.19 31,053.28 71,666.46 1,201,517.84 08/01/01 41,628.52 30,037.95 71,666.46 1,159,889.32 02/01/02 42,669_23 28,997.23 71,666.46 1,117,220.09 08/01/02 4�,?35_96 27,Q?0.50 71,666.46. 1,073,484.13 02/01/03 44,829.36 26,837.10 71,666,46 1,028,654.78 08/01/03 45,950.09 25,716.37 71,666.46 982,704.68 02/01/04 47,098.84 24,567.62 71,666.46 935,605.84 �i8/01/04 +3,276.32 23,350.15 7 i,000.46 887,329.53 02/01/05 49,483.22 22,183.24 71,666.46 837,846.30 08l01/05 5�,720.30 20,946.16 71,666.46 787,126.00 02/01/06 51,988.31 19,678.15 71,666.46 735,137.69 08/01/06 53,288A2 18,378:44 . 71,666.46 681,849.67 02/01/07 54,620.22 17,046.24 71,666:46 627,229.45 08/01/07 55,985.72 15,680.74 71,666.46 571,243.72 02/01/08 57;385.37 14,281.09 71,666.46 513,858.36 08%01108 �8,820.Q0 12,846.46 71,666.46 455,038.35 02/01/09 60,290.50 11,375_96 71,666.46 394,747.85 08/01�09 61,797.76 9,868.70 71,666.46 332,950.09 02/01/10 03,342.71 8,323.75 71,666.46 269,607.38 08/01/10 64,92628 6,7�0.18 71,666.46 204,681.10 02/01/11 66,549.43 5,117.03 71,666.46 138,131.67 Q8/01/11 68,213.17 3,45329 71,666.46 69,918.50 02/01/12 59,918.50 1,747.96 71,666.46 0.00 TOTAL 1,5d0,000.00 649,993.83 2,149,993.83 Payments are made nvice a year = Feb 1 and Aug 1. There are NO Required Reserves. 1,500,000 Principal 5.0% InteresT Rate 15 Amortization Term (years) The HRA began to fevy with pay 97. The annual amount of the levy should be about $ 150,000. This maney is earmarked to pay off the 51,500,000 loan from the city. In about 15 years, th?re v:ill be a 51,500,000 loans outstanding that we'll keep lend;ng out. Fiie: \EXDATA\HRA1T1=?R09S`,DEBTSERVtFun�3$6 � 5/1/1G97 �etails Support for \EXDATA'��RA'�7IFPR098'�OEBT'�� ;,��;sum.xis This is not linked to anyth�na. DATE: August 21, 1997 MEMORANDUM DEVELOPMENT DIRECTOR TO: William Burns, City Manager�j�- �, A FROM: Bar6ara Dacy, Community Development Director Scott Hickok, Planning Coordinator Julie Jones, Planning Assistant/Recycling Coordinator SUBJECT: Appliance and Fluorescent Lamp Contracts Backqround On July 28, 1997, the City Council directed staff to proceed with adding appliance, fluorescent lamp and scrap metal recycling to the Fridley Recycling Center operations. Staff has negotiated the necessary arrangements to commence collecting these additional materials, sta�ting Saturday, September 20, 1997. � Contraets The City needs to contract with a certified appliance recycler to collect the major appliances. Both companies that offer this service in the Metro area were contacted and a proposai was received from one of them. JR's Appliance is a reputable company, which the City has successfully used for past clean up days. They will charge the City $7.00/appliance, and we will charge $10/appliance to the customer to help recover our staff and storage costs. NSP has offered to include the City of Fridley in its fluorescent lamp collection and recycling program. The City needs to contract with NSP to formalize this arrangement. The Agreement requires us to maintain accurate records and submit documentation when we want to have costs reimbursed. We plan to take the lamps at no charge from NSP customers, including small businesses. However, customers with other electric service providers will need to pay fees. We will set fees adequate for covering our costs. A company named Retrofit Recycling, Inc. was recommended to us by neighboring cities to collect the fluorescent lamps. They have agreed to transpo�t our lamps at fair rates and take them to Recyclights in Bloomington for recycling. Recommendation Staff recommends that the City Council approve the attached resolutions to enter into the agreements with NSP and JR's Appliance. M-97-355 3.01 RESOLUTION NO. -1997 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH NORTHERN STATES POWER COMPANY FOR FLUORESCENT LQMP RECYCLING COST REIMBURSEMENT SERVICES AT THE FRIDLEY RECYCLING CENTER WHEREAS, the Minnesota Statute 115A.932 prohibits the disposai of fluorescent and high-intensity discharge lamps in the solid waste stream, and Minnesota Statute 216B.241, subdivision 5, requires NSP to establish a system to collect and recycle fluorescent lamps from residents and small commercial and industrial customers; and WHEREAS, the City of Fridley owns and operates a Recycling Center at 350 71� ; Avenue NE in Fridley, where NSP customers can bring fluoresce,nt and high-intens:�ty discharge lamps for recycling; and WHEREAS, NSP and the City desire to enter into an Agreement whereby NSP will pay costs ineurred by the City for the collection and recycling of ftuorescent lamps from households and small businesses as part of NSP's system to meet its statutory oblig�tions. NOW, THEREFORE BE IT RESOLVED by tMe City Counei�, that ttre �ity-af �ridley �•- -- enter into the attached ccsllection agreement with�Northern States Power Companyto conduct the following project: Collect and Recycle Fluorescent Lamps. BE IT FURTHER RESOLVED by the City Council, that the City Manager be authorized to execute the attached Collection Agceement for the above mentioned project on behalf of the City of Fridley. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TMIS : �-,. =-•.,� 25th DAY OF AUGUST, 1997. ATTEST: William A. Champa - City Cierk 3.02 Nancy J. Jorgenson - Mayor Recycling.Center/ConhactsMSP Resolution AUr- ( g-g7 TUE 14 � 36 EI,ECTR I C I�ARKET IPiG Fr:); 'i�. 6123305675 AGRE��v1ENT �'OR COLLECTION OF FLUORESCENT LAMPS P. 02 THIS AGREEMENT is between Northem States Power Company ("NSp"), a Minnesota corporation, and the G�Ly of Fridley ("the Cit��. WHEREAS, the Minnesota Legislature has enacted statutcs, Minn. Statuie §115A.932, which prohibits the disposal of fluorescent and high-intensity discharge (HID) lamps in solid waste, and ]�Iinn. $tatute §216B.241, subd.ivision 5, wtiich requires NSP, as a public utility that provides electric service to 200,000 or more customers, to establish a system to collect and recycle lamps from residents and small commercial and indusfial customers; and WHEREAS, the City operates a recycling centcr for the collection and management of recyclables and problem materials (recycling program); and WHEREAS, fluorescent and HID lamps are houschold hazandous wastes which may be collected at City HHW �rograms; and �'�'�iEREE15, NSP and the City desire to enter into an Agreemen�t whereby NSP will �ay Y:�_ costs incurrad by the City for the collection and rec c. ' of fluorescent lamps from households and Small Businesses � � - (hercafter s`lamps'� -as part- o�'1VSp's system to meet its statutory obligations. . NO�V, TiIEREFQRE, in considEration o;f the terms and conditions statc;d in the Agreement, NSP and the City agree as follows: 1. Laru collection and re clin : On behalf of NSP and as part of the City's HHW proaram, the.City shail collect and recycle lamps in the City of Fridley. Collection and recycling services shall be offered at no cost to NSP residcntial and Small Business customers. The City shall offer lamp collection services at its haaardous waste collection sitc(s), and may arran�e with local units of government to provide additioaal sites for collectin�g lamps. � The City shall be responsible for: a• By March 1 st of each year, the Ciry shall provide to NSP a current recycllng center brochure, detailing the hours of site operation and will provide an updated schedule information throughout the yeaz; b. Operation and maintenance af the Fridley Recycling Center; c- Arranging for collecrion, stora�e, transportation, and recycling of lamps; d. Completion and prompt submittal to NSP of documentation described in Section 2 of this Agreemen.t. NSP H10SC1991WORDUiCCYC97�FROLEY.DOC �■O� AUG-19-97 TUE 14:36 •ELECTRIC MARKETfNG FAX N0.�6!�33056�� P:03 2• Reimbursement Request for Lamp Collecfion Activities: The City shall provide in a form acaeptable to NSP the following documentaiion regarding the City's laznp collecGion and recycling act�vities: a. A description of the number and type of lamps collected; b. Costs of administra�ion, labor, supplies, storage, transportarion, and recycling of lamps; c. Proof o#'recycling o�collected laznps; d. The method(s) used to determine the percentage of reimbursement, as selected by the City finrri the �ollowing opfions: i. The nwnber of NSP residential customers residing in the City shall be divided by the total nuuiber of households in the City; or ii. The number of households bringing lamps to the collection site(s) in the City who indicate that they are NSP residential customers sha11 be divided �y the total number of households bringing ]amps to collection site(s) in the City. If oprion 2.d.i. is selected, the following shall apply: a) the number of NSP residenrial customers residing in Fridley is 11,438. b) th� nwnber of households in Fridley is 11,375 (MI�T Dept, of Rev. `y3). c) the perventage of the City's lamp coliection and reimbursement costs that NSP will pay is 100%. � If option 2.d.ii. is selected, the C�ty shall document, in a form acceptable to NSP, the number of r.esidential customers bringing lamps to the collection site{s). e. The iotal amount to be reimbursed to the City. This documentation sha11 be provided to the NSP designated representative on a quarterly basis, oz as available. 3. Reimbursement Pa ents b NSP: NSP shall reimburse the City for costs associated with the collection and recycling of lamps as follows: s. Within t}urty (30) days following receipt of complete and accurate doclunentation listed in Sccrion 2 of this Agreemenl, NSp shall reimburse the City a percentage of the costs incurred by tlie City for the collection and recycling of lamps according to Section 2 of ik�is Agrcemerrt. This shall include xeimbursement fvr costs including administratioq labor, supplie�, sforage, transportation, and NSP M:tO$C1991yJpqpV2C�yC971FttDLE`I.00C �■O� AVG-1.9-97 TUE 14:�7 E�ECTFIC NARKET:�G FAX P��. 61� {O�c�� P.�4 recycling of lamps and costs associated with County coordination with local units of government for establishment of additional lamp coilechon events in lhe C�ty. b. NSP shall not reunburse the City for promorional expense above and beyond NSP's planned a�ui coordinated promotions. 4• Audia� Within fifteen (15) days of receipt of documentation listed in Saction 2, NSP shali have the zi�t to audit said documentauan and request addirional informarion, Furthcr, the City shall cnaintain adeqvate suppurting records for verification of actual costs paid by NSP. The records shall be in a form that is consistent with gencrally accepted accounting principles, consistently applied. During the term of the Agreement and three (3) years following final paymeiit, the G�ty shall preserve such records and allow acccss to them, by NSP Auditors, during normal business hours, 5• City RepOCtin�: By March lst of each year, the City shall provide to NSP an annual report of lamp collection in the City during the previous year, including a description of the collection and recyclit�g program, the locafion of collection site(s); and the number and types of larups collected and recycled. 6• City Obligation Defined bv Contrac� NSP and the City acknowledge and agree that the City's obligarions tv collect and recycle lamps are solely defined by this Agreement 7• Term: The temi of this Agreement is September l, 1997 through December 31, 1998. At the. option of NSP aud the C�ty, this. A ro gree�er�t may be renewcd on an annual basis concurrent with NSP's statutory obligation tu establisTi a system to collect and recycle lamps from residential and small comme,rc�al oustomers or otlie�rise, Notwithstanding the term of this Agreemcnt, NSP and the City may terrninate this qgreement, in whole or in part, upon sixty (60) days prior notification to the other party. Tf NSP le7minatcs this Agreement, NSP sha11 pay the City all amounts due and not previously paid as well as the amounts due for Work performed in accordance witti the Agreement during tlie sixty (60) day notification period. 8. Nobee: All information shall be sent by Uuited States mail, postage prepaid, to the followir�g rcpresentatives of NSP and the C�ty: NSP: Lisa Osacho 414 Nicoltet Ma11 RS $ Minne olis MN 55401 NSP Ni0.SCLg8�1k01:oYi£CYC97�FRDlEY.DOC �.OV AUG-19-97 TUE 14:37 ELECT�IC NtiRKETING FAX �0. 6i1�305675 City: Julie Jones The Ci of Frid� 643 � Universi Ave NE FridIe , MN 55432 IN WITNESS WHEREOF, the parties ha.ve executed this Adreement on the dates indicated below: APPROVED AS TO FORM; City AttorneylDate APPROV�D AS TO E�,ECUTION: City ,A,ttorneylDate Appzoved by The City of Fridiey Resolurio�n No. STATE OF b2INNESOTA ) )ss_ COUNTy OF ) CITY OF FRID�,.EY e Date: P. 05 NORT�IEitrT STATES pOWEg COMpANy � � Date: �evin Lawless, Manager �n�'$Y Msnagement Mazketing This instrument was acicnowlec�ged before me on 19 `� by (titIe) of (company name) he/s,he/they is/are authorized by law �an all nece� arylboard actio�resents and warrants that behalf of the co oration/ora n to execute th�s contract on rP baniaation, intending this contract to be a legally binding obligation of the corporation/organization. Notary public NSP H1oSCL99lVdORDUtECYC9TfRDLEY.DOC 3.06 RESOLUTION NO. -1997 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT WITH J.R.'S APPLIANCE DISPOSAL, INC. FOR APPLIANCE RECYCLING SERVICES AT THE FRlDLEY RECYCLING CENTER WHEREAS, Min�esota Statute 115A.9561requires that major appliances are banned from norma! refuse disposal and must be recycled or reused; and WHEREAS, the City of Fridley wishes to offer appliance recycling services permanently at the Fridley Recycling Center at 350 71 � Avenue NE in Fridley; and WHEREAS, J.R.'s Appliance Di��posal, Inc. is a certified appliance recycle�, with an established method for processir'�g and recycling major appliances, and has submitfed an offer to collect and recycle appliances collected by the City at the Fridley Recycling Center. NOW, THEREFORE BE IT RESOtVED. by the City Council, that the City of Fridley enter into the attached Appliance Recycling Agreement with J.R:'s Appliance Disposaf, Inc. io conduct the following project: Major Appliance Recycling. BE_IT FURTHER RESOLVED �jr.#he_City Ce�ncil;;�ha�#h� Ci�1!t�riat��r�;a�tMvcized- -. to execu#e the attached Appliance Recyclin j;i4greemertt for-t+��ove i�errtioned ��_� project on behalf of the City of Fridley. --. "�� ;-�� '" "" PASSED AND ADOPTED BY THE CITY COUNCIL OF THE C1TY�OF FRIDLEY THIS 25T" DAY OF AUGUST, 1997. ATTEST: William A. Champa - City Clerk 3.07 Nancy J. Jorgenson - Mayo� Recycling CerrteNCo�tracts/JR's Resolution ��I` j �I,R.'S �- � �� . � K � �il'l� .�� 8980 Iefferson Tr. W., Inver Grove Heights, MN 55077 Telephone (612) 454-9215 Fax (612) 454-8345 APPLIANCE RECyCLING AGREEMENT i �� This agreement bctwccn Citv of Fridlev 643i University Ave NE for service to 350 71st Ave. NE 55432 the CUSTOMER: and J.R.'S hanee Dis a1 Inc., method for the processing of the appliances reoe�'rved thro gh t�he CU3T'OMER S tco(lection program(s), and tendered to the RECYCLER. The appliances will include, but not (imitcd to; rcfrigerators, freczers, air conditioncrs, dehumidifiers, washers, dryers, stoves, trash compactors, residential furnaces, heat pumps, microwaves, dish�vashers, garbage disp�sals, humidifiers, water heaters. COMMERCIAL AppLI��CES. GAS;'AN1M0\'IA REFRIGERATORS AND AIRCONDITIONERS PROCESSING COSTS AS PER �'.TTACHED PRICE LIST. Appliances shall be tendered to the RECYCLER in a square (non-Compacted) condition, with minimum damagc, and shail not contain food, dcbris, or othcr forcign matcrial. RECYCLER rctains the right to refusc any appliancc(s) decmed to be in such compactcd or destroycd condition which prevents the proper removal of hazardous wastes andlor refrigerants accordin�� to law. The RECYCLcR shall be solely responsible for the safe removal of al1 PCB; CFC, mercury, appliance metals; and other hazardous waste materials, in accordance with F�u�ra: la�� anu the laws of the State of MN. The RECYCLER shall secure and maintain all necessary permits and approvais required to process said appliances. 'The RECYCLBR will provide all necessary . -� � - -- - . - CIJSTOMER prior to the execution of this agreem nR _�d po� es�h 11 emai'nin effe'ct attall times and not be materially changed CUSTOMER shall pay to the RECYCLER an amount of 7.00 dollars (plus an $5:00 surcharge for each air conditioner) each, for appliances tendered by the CLTS'TOMER to the RECYCLER. Any special charges shall be agreed on by both parties prior to work, as per the RECyCLER'S current price list CUSTOMER shall pay within 30 days of im�oice date. An interest charge of 1.5%/month be made on any delinquencies thereafter. J.R.'S Appliance Disposal, Inc. shall INDEMNIFy and HOLD the CUSTOMER and its employees HARMLFSS from all ciaims, demands and causes of ac�ion of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of JR's Appliance Disposal Inc., of the organization's respective officers, agents and employees, and/or the individuals receiving benefit from the funds or items exchanged relating to the activities oonducted under this agreement. The term of this agreement is for August 4, 1997 thru December 31, 1998. This agrecment may bc terminated by either party giving thirry (30) days written notice, delivered by mail or in person to the other parry, specifying the dare of termination. CUSTOMER: JR'S APPL CE D[SPOS �L, INC. BY: BY:_ � � �� ITS: ITS: i/ �� - � DATE: DA1"E; �' - % - �1 � Customcr: Rctain this original � rcturn duplicatc by mail or Fa� tc� (61?) 454-�345 3.08 - Printed on Recycled Paper - .�� I TO: FROM: DATE: SUBJECT: C1� William W. Burns, City Manager ��A � John G. F1ora,�Public Works Director August 25, 1997 Well House No. 1 Booster Station Project No. 298 PW97-230 On Tuesday, August 12, 1997, we opened bids for the upgrade and recons#ruction of Well House No. 1 and Booster Station Project No. 298.- Seven bids were received Minnesota Constiuction' - was the low bidder but as a result of reviewing the bids, Minnesota Construction t�vithdtsw theiu= ;,= °` =_: bid indicating that they. had faileci to acknowledge Appendiz No. 1`requiring that the SCADA - system be included in the bid Magney Constructian submitted the low responsible bid of $316,300. We have received a proposal from SEH to complete the construction and inspection of , the- building far $23,600. Accordingly, the total cost for the Well House No. l upgrade is $339,900. ��- The estimated project cost in.our budget was �280,OOU. In addition to the well house project, in our 1997 budget we also have Well House No. 13 chlorine room repair which has been completed through a maintenance work order for a$25,000 savings as well as the balance of the well upgiades for 10 and 13 with a residual $45,600. Within the vvater budget, we have available funds of $350,600. It appears that the electricaUSCADA figures were under estimated This was a major - discrepancy in the project estimate. If the Council is uncomfortable accomplishing the project, -- we could suggest that the bids be rejected. and the plans be redone to incorporate different ' material other than brick and biock and attempt to save funding in that process. Recommend the Council receive the bids and award the contract to M. C. Magney Construction for a total construction cost of $316,300 and to approve the construction and inspection agreement with SEH for $23,600. JGF:cz Attachment 4.01 N! :lLNl70� 3Ntfl O lM 'NOSIOb'W ❑ IM 'S77b'� b'M3ddIH� ❑ Nw 'ano�� Is ❑ Nw 'snodv3rvro�w ❑ Nw '�ndd 1S� Q'i� '►�1a1 1�1�1�� a. � N �31Va — ___ A8 �i� �e�"ZG�Z1�"1Qi�� ueor �.��,$ ��--�? S �� ' � 1 aN ��'1'1"1� M :��'iCli2�,� N�?l� ��'�1- 4�� 8 � � r � � � � ` � -��Nbt�-�., � � i ; � � ; �- _ � ; �- 1��v�diC� �; .Z � ; � 0 ; 4� ; � p 'x�i��d ��d � � -- ; � � i i' t` � `�' � �A �� .��u..�� 1 g �. �►�Q-,��t� �, � � � � � j � � x�a��s..�s g r _ , _ � �-: (�oi l.n c�v� � Q � � ��' ;, , s, �� _1 0 � � � �� . Q i , l / s �. � � � � .� � IJ�• � fl � � 9 � 8 R �- � � � � o �Q � �rl g g � � N � � dr"' ' .. �.�- ' � r�s; ' � � � g g �? o � �� ' . v � � �� s � 1-d'.. � � � Q 4�2 .� � 2 � � � � 6 � � 1 c� 0 �� O i � N � (J . . . : a � , ;� :' • . 0 � 0 i �� r � ! � � p I v I Z � i w ! � � S133NS �O 133HS - ��S% � � __ � � a �, i � �, "�- � � _ : O # � � � �� _ � ; � � � � -- - - --�---------_ � p �11 i p � � p � t�' � i ' ; __ ; � � � a � � � � � � -- �--�- - i'�. � 0 0 �; o �� .... � � _ �•. 2 � ° r .� � � � � 2 � v � � � � � -eC �-- � �� TO: William W. Burns, City Managez �/�� FROM: John G. Flora, Public�orks Director DATE: � August 25, 1997 PW97-228 SUBJECT: ' Change Order No. I to I-694/TH 47 NE Ramp, Project No. ST. 1997 - 3 Mn/DOT has determined that=a prelimina�r- °war�tfng �ign is necessary on I-694 to advise the motoring p�blic•of the I-694/TH 4? �amp w�rk.� � T�isse �si�ns will be installed with change order No. 1 in the amount of $332.94: Mn/DO� wi�l cov�r°this cost: _--� ` - = - _- - : : Recommend the City Council approv� C�a��e3`:1Vo -1 io_I-694��H�47 NE `��g; �ojeet No. . ST. 1997 - 3 with Forest Lake Construc�ion:= -'� µ= � �-' �' ' -A =-- �-� � = ° � JGF:cz Attachment 5.01 '�th/DOT TP-2960-0!(12-92) 92ASE oF YINNSSOTA - DEPAR?NE,AIT OF TRAN9POATA2ION WOR� ORDElt 11�II,NOR E�i;TRA, Wpg,K COnCrdCtOLForect .ak on ractin�,��_ �� . � �_ �� • �' � � ► 1 ' Pag� 1 of 1 W.O. No. 1 S.P. No. - F.P. No.�XXXXXg � contract xo. xxX�rxx �� • � ►i ::u� � ••• .e� �• ' � �" � � '�� . � �I : 1 �/ '. �1 11.:.M 1 • I�t.: ( ' I : �. ' (: I � 1 1 � t • 1 11 1 . .�� • 1 � ' �i� It has been detesmined by the Engineer that the traveling public should have advanced �yarning of the uPC°�� P�J�t• T� waming will be in the form of a constructian sign that is placed prior to the start of the projeet which explains to the traveling public the start time of this project (see attached). It has also been determined by the Bngineer that furnishing and installing this sign constitutes additional work for which the Conttactor shall be reimbursed, . The Contractar will be re�imbursed for furnishing and installing as shown below: Item • Unit Quantity Unit Cost Total Construction Sign Spe�ial M2 1,6722 $199.10 �332.94 Conuactor ey Dato• Oclglnal to Contraotor CoPY gtlBlnccr Copy to Contreot Adminia2ret;oq 5.02 oaived by: Iasued by: Project Engineer/Supervieor Date SENT BY�MN-DOT.Oakdale _ ; 8-18-9`1 ;.-9�25AM.� �r "`�• � �� 3 "' g7 'i�' ��"FLCa INC. �4�4a��2' 1 � 36NiN i � a . �. - ,;. .�i � I� � ��, i�, �� ;,J , � ,,� � ' t� „ .. � � � � r O� � J � '�°r � . ��,'""`� N d� � `.,ri� �� t� i� � r'�, 1 . 1 r� �N 0 . 4'i i �� r� � �'+, � � � '° I � � 1� � i �� ' MN/DOT OAKDALE� �N/DOT OAKDALE� '�� e�� A O� �s W � � � 0 � U �J �J �� U .r r+� � , N � r � � �N � O . �� ^ � r r��i�� {� � I II r'1 f� � CmG � �u � . � . �. -- � a �o �o � i� u � � n v� H . . X � vi h � , r o � N .. N r� lo : t�. s = �I ... .� � J .r ..� 612 571 1287;� 3 191�.'�i��922;ii �. �i � !v V " � � �� . � � V � l� � � TO: William W. Burns, City Manager �� PW9?-232 � FROM: Jon Haukaas, Assistant Public Works Director John G. F1ora,�Public Works D'uector . 1 DATE: August 20, 199? SUBJECT: Change Order No. 1 to Project Nu ST. 1997-1&2 Sealcoating operations foz Project No. ST. 1997 - 1& 2 were completed on Monday, August I8, 1997. During the process application rates for the oil and aggregate were adjusted to optimize coverage. In addition, 531d Avenue between Hwy 47 and Main Street and the driveway and parking lot for Wellhouse No. 13 were sealcoated with this project but were not in the original project quantities. The net cost of Change Order No. 1 is $10,640:00 for a revised contract amount of�120,81?.01. The budget for the 1997 Sealcoat Program was $160,000.00. Recommend the City Council approve Change Order No. 1 to Project No. ST. 1997 - 1& 2. s.� � ( CITY OF FRIDLEY ENGINEERING DEPARTMENT 6431 UNNERSITY AVENUE N.E_ FRIDLEY, MN 55432 August 25, 1997 Allied Blacktop Company 10503 89"' Avenue Maple Grove, MN 55369 SUBJECT: Change Order No. 1, 1997 Street Improvement. Project \TO. ST. 1997-10 Gentlemen: You are hereby ordered, authorized, and instructed to modif�� your contract for the 1997 Street Improvement Project No. ST 1997-10 by adding the following work: Addition• I�em Ur.it uanti� Price Amount 1. . Seal-Coat Additional Areas Lump Sum 1 (53rd Avenue - Main Street to �0,640.00 10,640.00 University Avenue and Parking Lot & Driveway for Wellhouse #13) TOTAL ADDITIONS ................................ $10,640.00 TOTAL CHANGE ORDERS: Original Contract Amount .............. ....................................... ................ $110,177.01 Contract Additions - Change Order � �� No. 1 ............................... ........ $10,640.00 ..... . .......................... REVISED ONTRA T AMOUNT $ � 0 8� 7 01 s.a2 Allied Blacktop Company Change Order No. 1 August 25, 1997 Page 2 Sub 'tted and ap ved by John G. Flora, Public Works Director, on the 25th day of August, 1997. � � ared by Checked by �' i ' ./ _ ��C� ��. Flora, P.E. �rector of Public Works Approved and accepted this��%. ay of �t- t�,� � 1997 by , Allied Blacktop Company /� � ` � , Pro�ct Coor iriator r i'S ^.�- Approved and accepted this day of , 1997 by CITY OF FRIDLEY Nancy J_ Jorgenson, Mayor William W. Burns, City Manager Approved and accepted this day of , 1997 by Metro Division Assistant State Aid Engineer 6.43 Eng.nee�ing tn Sewre r x Wa�er 2 � O Pa.�s O 3 s�.cets VV r�7a�ntenante W --+ Q m O � a MEMOl�:ANDUM TO: William W. Burns, City Manager j� � �� FROM: Jon H. a�s, Assistant Director Public Works John G. Flora,� irecto� Public Works DATE: August 20, 1997 ' PW97-231 SUBJECT: Change Order #3 to Central Ave. Bituminous Sidewalk Project No. ST 1994-9 Change Order #3 to Project No. ST 1994-9 covers required testing of the Class 5 Base materials and bituminous material. It also adds a bid item covering seed and mulch: Using seed and mulch in areas where the vegetation is left na�ural, such as the slopes north_ and: soutk of Rice `Creek; will: give us a savings over using sod to restore gound cover. - Net cost of Change Order #3 is $1250.00. Recommend the City Council approve Change Order #3 to the Central Ave. Bituminous Sidewalk Project No. ST 1994-9. 7.� � CITY O� FRIDLEY ENGINEERING DEPAR,TMENT 6431 UNIVERSITY AVENUE N_E. FRIDLEY, MN 55432 August 25, 1997 Hardrives, Inc. 14475 Quiram Drive Rogers MN 55374-9461 SUBJECT: Change Order No. 3, Central Avenue Bikeway/Walkway, Project No. ST. 1994 - 9 Gentlemen: You are hereby ordered, authorized, and instructed to modify your contract for the Central Avenue Bikeway/Walkway Project No. ST 1994 - 9 by adding the following work: Addition: �terr� uantitv Price Amount 1. Seeding w/mulch & fertilizer .40 acre 2500.00 1,000.00 2. Class 5 Gradation Test 1 each - 125.00 3• Bituminous extraction & Gradation Tests 1 each � 125.00 TOTAL ADDITIONS ................................... $1,250.00 TOTAL HANG ORDERS: Original Contract Amount .............. ..................................................................... $241,058.50 Contract Additions - Change Order No. 1 ..................................................................... $ 31,673.80 No. 2 ......._..--• ............................................................ 18,560.00 No. 3 ............................................................................ 1250.00 REVISED ONTRA T AMOUNT �2�g2,�42.30 7.�2 Hardrives, Inc. Change Order No. 3 August 25, 1997 Page 2 Submi d and appr e by John G. Flora, Public Works Director; on the 25th day of August, 1997. '•� /iL/�� by , �' Checked by . �� 'f /J ; / � � � 'J9hii G. Flora, P.E. �Director of Public Works � � "� Approved and accEpte� this�' day of � t'<b r�_, 1997 by HARDRIVES, INC. Ja � s Larson, Jr., Pro'e oordinator Approved and accepted this day of , 1997 by CITY OF FRIDLEY Nancy J. Jorgenson, Mayor William W. Burns, City Manager Approved and accepted this day of , 1997 by Metro Division Assistant State Aid Engineer 7.03 �{%' � _.._ _ _�t , i�� y� � CITY OF FRIDLEY �j ,, �� y y� �"� i We, the u�ndersigned property owners and residents of 7th Street N.E., from 67th Street N.E. north up to P1adison Street N.E., hereby petition the City of Fridley to place stop signs at 7th and 68th St. N.E. or a substantial bump to curtail the unsafe speeding that goes on all the time. We ask that:this be done as soon as possible this surrrrner. Thank you. � , . i /I a — .� .j L`��C- ? — , - �,, =�:�'� � ,- , �� ,, �:� , _..; lQ a'�:7 °�j'��-�� 7��- �r /�',� ` � ��.� � �3 �,� ;{ � � � . � ' � � �:�--� ' -�- C. � � C` 1 ^ % . 1 � -t�� ,L�-�1,� ✓ � � � , t�� ; � �, ��,� ^zC,:t.v �4� I 8.01 �=: ,_ �/ L-� �"l� !'7 T :— �j I�Y M L1�1` ��! L' � 1'�. -� �. �i� _ . � `. c-�%f / f'� r � i .�v�i� -z/'�- 6 766 :u.��— 7.z�,P{�( � r,; �� n .� 11��,'�"`5< , � ��Y/ 7a s� l� ?�S�sf: � s� � ,�— > � z ,� � �U�' ��T��'� CARL J. NEWOUIST B. W�LLIAM EK5TRUM August 21, 1997 NEW4UIST 8c EKSTBUDi, GHA$TERED ATTORNEYS AT LAW SUITE 301, FRIDLEY PLAZA OFFICE BUIIDiNG 6401 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432-4381 TELEPHONE (612) 571-6870 FAX (612) 571-6884 Mr. William Burns City Manager Fridley Municipal Center 6431 University Avenue N.E. Fridley, Minnesota 55432 Re: Fire Contract Extension AUG 21 199�' OFCOUNSEL DOUGLAS J. PETERSON� LEGAL ASSISTANT PATRICIA A. PHILLIPS Dear Mr. Burns: Enclosed for your consideration please find duplicate agreements adopted August 18, 199.7 by the Hilltop Council. Each copy has been executed by Hilltop's Mayor and City Clerk. If �the extension agreement meets with your approval, would you please present it to the Fridley City Council. Finally, I have been asked to reiterate the very positive feelings the Hilltop Council has about the service Hilltop has received from the Fridley Fire Department.. Thank you as always for your consideration. l..i.11V : CI[IW enclosures cc: Mr. Charles McKusick 9.01 �GERTIFIED wS A HEAL PI20PERTY LAW SPEGIALZST BY THE MINNBSOTA STATB HAH ASSOGIATION � JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP CONCERNING CONTitACT FOR FIRE FIGHTING SERVICE This Agreement, made and entered into by and between the City of Fridley, hereinafter referred to as "Fridley", and the City of Hilltop, hereinafter referred to as "Hill�op"; WITNESSETH; WHEREAS, Fridley has fire fighting equipment suitable for use in the protection of property against loss �rom fire; and Hilltop has no adequate fire fighting eguipment o= ?ts own, and desires to Cu�c�ii� � ic uSc Oi � � �c�.�'y��T equipMenz, and Lt'i2 services Oi 1tS fire iighters {:•�nen possible tor Fridley to furnish the same), within the territorial limits of Hilltop, Anoka County, Minnesota. THEREFORE, it is mutually agreed: SECTION I That Fridley shall furnish to Hilltop fire fighting services to the same extent as is afforded to the City of Fridley by the Fire Department of Fridley. SECTION II That as and for compensation, Hilltop shall pay an annual flat fee to Fridley for fire fighting se�vices in the following amounts covering the periods corresponding thereto as follows: Januarv l, 1998 - December 31, 1998 $23,000.00 Jan�ary l, 1999 - December 31, 1999 $23,000.00 9.02 SECTION III That during the two-year term hereof, an additional sum for each fire. eall trip of Two Hundred Sixty and no/100 dollars ($260.00) will be paid to Fridley by Hilltop, and Two Hundred Sixty and no/100 Dollars ($260.00) per hour for each hour or fraction thereof for all time beyond two hours; said time to cease when the equipment and �ire fighters are back in the Fridley fire station and ready �o �-e��ond �o subsequent fire ^a'�s. SECTION IV That two times �e�- y�ar, during the mor:�ns cf April and Cant cmhcr F'� yr71 0., h = j. y `a * � � ' `� - • _ � Y �.� Y J �.. .�viiuui�� iit7.�ci.�.iVi1.� Vi !1S�1151,L1Ci1� COiiiiiic�Ciai aiid iiiuii.i�'i� C dweiilllC� propert.Z.eS �Il ::=:.�LOt. and Lorwarci written reports of these inspections to Hilltop. As and for compensation for inspection services, Hilltop shall pay Fridley a semi-annual fee of Four Hundred and no/100 Dollars ($400.00) for each of the 1993 inspections. Each successive year of this contract, this fee shall increase in an amount equal to the percent increase in pay granted to the paid, on-call, non-union fire fighters employed by the Fridley Fire Department. SFCTION V That where deemea necessary by statute or by law enforcement agencies, arson investigation services shall be rendered by Fridley to Hilltop. Said services shall be rendered at a rate of Thirty-Five and no/100 Dollars ($35.00) per hour, pius expenses -2- 9.03 incurred by Fridley for gathering and processing evide^ce. Fridley shall notify Hilltop in advance should estimated arson investigation services and expenses exceed Five Hundrec and no/100 Dollars ($500.00) per investigation. SECTION VI That payments of the fees under the terms of t�is contract shall be due and payable by Hilltop to Fridley as fol_�:.:s: A. The annual flat fee shall be paid by Hillto_ to Fridley in two equal installments, payable ��=-.r 31 and December 31 oi the current contract years. R�.'i L. -, l l 1... ' �° �-u'�� i2�S S.,ai L ic uiic aiiu --' ?� �a�Tci�'iiC u�.' rii__�O�j `LO r^ridley on a quarteriy basis. C. Semi-annual inspection fees shall be due and payable by Hilltop to Fridley within forty-five (45) days of receipt of invoicing by Fridley for said completed semi-annual inspection. Arson investi.gation fees shall be due and payable by Hilltop to Fridley within forty-five (45) days of receipt of invoicing by Fridley for said investigation. SECTION VII That the operation of the equipment and the direc:.ion of its use at the scene of the fire, together with its fi.r� fighters, shall be under the complete charge of the Fire Chie= of �ridley -3- 9.04 (if the chief is present, otherwise the next in command or agent). The question of fact in each instance as to whether or not the fire equipment and personnel of Fridley are ready and able to respond to a call in Hilltop shall be determined by the Fire Chief or the next in command or agent. As a member of a mutual aid fire fighting pact, Fridley may commit equipment of pact partner communities, as needed to fight fires in Hilltop, should Fridley equipment be deemed unavai�able by tne Fire Chief, next in command or agent. SECTION VIII That =_ridley sraii ac` in good �a�th in senaing �ts equipment and �ire �ighters to any such fire as herein provided; and no liability shall attach to Fridley by reason of any negligent act or commission of the driver of .any fire fighters sent with said equipment to said fire. It is particularly understood that Fridley is not obligate.d to send said e.quipment and fire fighters upon call, if in judgment of the Fire Chief of Fridley or the next in command or agent, said equipment and fire fighters are required at the time within the limits of Fridley, to fight any fires then existing. Should road or weather conditions be un•favorable, in the judgment of the Fire Chief of Fridley, as to furnishing of said equipment and fire fighters at the time, then Fridley is not obligated to respond to said call; and should a fire start within the corpora�e limits of Fridley during the time such equipment and fire fighters are traveling to said fire, or while they are �.05 actually engaged in fighting said fire, or while they are standing by, said equipment and fire fighters may be recalled or sent back to the City of Fridlev, provided in the judgment of the Fire Chief or the next in command or agent of Fridley, suc:n action is necessary and advisable. SECTION IX That this Agreeme�� with any exhibits and r;�`-�s attached hereto, contains the entire agreement of Fridley ana Hilltop and no representations, inducements, promises of any o�n=r agreements ` oral or otherwise, not embodied herein, shall be o= �,ny force or effec� . SECTION X That this Agreement is for a term of two (2) years beginning January 1, 1998, and shall remain in effect until �ecember 31, 1999. Either party may terminate this Agreement e�fective the annual anniversary date of December 31, upon six (6) rnonths prior written notification to the other party. That Fridley may terminate this Agreement upor_ sixty (60) days' written notice if the semi-annual fee required to be paid by Hilltop has not been received by Fridley during norr-ial business hours forty-five (45) days after July 31 and December 31. Further, should substantial or material changes in conditions occur which are beyond the control of the City of Fridley such that performance becomes impossible, then this Agreem=nt can be -5- 9.os terminated upon five (5) montr.s' written notice to Hilltop. IN WITNESS WHEREOF, Fridley and Hilltop have caused this Contract to be duly ratified by their respective Councils and executed pursuant thereto as of the day and year first above written. Dated this day of , 1997• Witnesses to City of Fridley CITY OF FRIDLEY Mayor , �i ty ifanager op CITY OF HILLTOP Nlay r � J �i�e-�-- City Clerk �.07 ///ri?-r �"�U\\ �„ ,c:�6v`v\ ��v � �� ,\ ;�� ,i �� i ,, � �"� Fridiey Police Department Memorandum �� To: William Burns, City Manager � From: Dave Sailman, Director of Public Safety Herb Zimmerman, Lieutenant Date: August 15, 1997 Re: 1997-98 Animal Contract The current animal contract expired on July 31, 1997. When I contacted Skyline Veterinary Hospital to negotiate a renewal, Dr. Branjord advised that he and his staff feel a need to raise the compensation. Skyline proposed a raise in the monthly rate from the current $1,275 to $1,425. Along with that raise, Skyline would not return any fees, other than license fees, to the City. Assuming that you would want a comparison done to other providers, I contacted the Anoka County Humane Society, Brighton Vet Hospital, Family Animal Hospital, and Pet Vet to ask if they would be interested in bidding on the service. The only responses I have received are from Anoka County Animal Humane Society and Brighton Vet Hospital. In the table on the next page, I have attempted to compare the costs. Ror animals received, Anoka County charges per animal, and Skyline Vet and Brighton Vet charge a flat monthly rate. I used the figure of 300 impounds per yeaz to attempt the comparison. That figure is a fair representation of our annual numbers. Based on the comparison, it is my opinion that Brighton Vet Hospital is the best choice for Fridley: To support that opinion I point out the price difference and the close proximity of Brighton Vet Hospital to the City of Fridley. Brighton Vet Hospital is currently serving the cities of New Brighton, Mounds View, Roseville and HiIltop arid has been providing municipal shelter services for over 20 years. Dr. Keith Hedges of the Brighton vet hospital has requested the City understand that under special circumstances, i.e. court or police-ordered holds or autopsies, there would be additional claims not covered in the contract: Attached is the Brighton Vet Hospital Contract ready for signing. Staff recommends acceptance. I am available for any questions. 10.01 � � � � r Z 0 � I.i. a �. � � V �' . V � !"' Z O V J Q � Z a � � - c a�i Q � � �, Z m `° E v rn --- -> �' a� c� � � � a� � _..i � � �'c � � o 0 o.c W Q :*. � � � � � V V Q (n L L � r � � � L� :B �,Q ..0 � � � y-�+ .Q y"' -� -� � W a O p�, U� � � � �.,.�', N t6 LLJO � `'� �� N � �U.= � U Z 2 u� � a� `� � .5 � c c� Y �� rn� � �-' � '- '--� cn n c J c L ��C � � N>, >+ � Y � c �a ° ° � � � � (� v� � L -Q � � .� c .., .r � �� o�o3tQ � �a� c�i ��Q- c�a 1-�� o cnZ = �> _ =�Y � o � � o 0o � ,� Z � � � � � I� � � �n N � �. °� �. �, �� o�•� o v o 0 0 �n W � �""' � � � U � V V � � > � V A �' W >, >+ � C n. .Q ,� .0 � � �(n Z i/) p O �, � � C � � � �, _ � � o= E °� �;� E a�i � �Vt a�i � = a � Q.°c '` .«°� � � �'� =°� m v� � °o.�.�., �o° c� � � � �•� a�i � � � a� mN° o°�� Q � � U � �� n. c c°� �� E-�ao �Z � � c c � � °- — �> — _�Y � �u v � ° � � � >- w. � �a �- o = �, �- � � � � � v Q � �"" W .�c >. � � � c�'a o � a�i � -a �' � � V �.a � � ° �° � � � o o c ODo` �•_ �� No � Q L. � � � �� V �- �O �`~� �� W � U _.._�'. �Q � Z .� oo a° �o o ,c m .� .�' _ ° o L �t ,�. V � � Y� ca o h x co ��v Q,. C� U � -a � E o �•. � a a`� � �° r= � ca � � Q� Y c°- 'c V.� u? � Z ? n. .o v� � � a� �° :� a- ° ,� '� � Q ,� � � a� i c a o c o cu a� c N� �-c a c`a >.� 2 o c� N c� � L •• o cu � �� o �• � o c� � M t6 ta � � � O �rj � � c''''a .� N � U � � � .� .-. c c� �� :-. >. 1-c� �C1 LL. �� > M v°,��Z � a W W � � Z Z� W� W �� , o W o �W ,�W W � �. � Z y Z ~�w� aW� a OW>WW 0 Qu.oO Q�m N�l=uW,.�ZY z Z � �a � ��av,��av,Qva,z��o� o z ��=w>��=o�z�,�o � � wwoowwoo�NQVW�W — 1 2>cnz=>cnz=wo>�,,,_u..� ANIMAL CONTROL CONTRACT This contract, made and entered into this 25'� day of August, 1997 by and between Brighton Veterinary Hospital, 2615 Mississippi Street, New Brighton, 1Vfinnesota, 55112, hereinafter referred to as "animal shelter" and the City of Fridley, a municipal corporation, 6431 University Avenue, Fridley, Mnnesota 55432, hereinafter refened to as "city". L TERM The term of this contract shall be from September 1, 1997 through August 31, 1998. IL ANIMAL SHELTER SERVICES The city agrees to purchase and the animal shelter agrees to furnish the follo�ving S�iL%ICZS: 1. Shelter for animai drop-offs on a 24-hour basis. 'J. Qninial a�,amingti0.^.S wp� ;iPtPr::7w j' Cw�P wS rA^yLl]rP� �1:.^.Ll� llOrm41 hi.:S:::PSS hours. 3. Seized stray anirnals shall be held for five (5) regular business days_ After five regular business days the city shall have no right or interest in such animals. 4. Euthanasia and disposal if required due to serious injury, illness, or after five regular business days, in compliance with State S�atute MS 35.71. 5. Receiving and disposing of dead animals delivered by the city_ 6. Upon request, train city animal control officers in safe and humane handling and apprehension of animals. 7. Keep accurate records of all animals impounded, boarded, and destroyed, pursuant to this a�reement and furnish monthly statements to the city. 8. Keep the animal shelter open durin� normal. business hours of the Brighton Veterinary Hospital and not less than normal business hours of the city_ 9. The animal shelter, during normal business hours, shall be open foc inspection by the city or it's agents. 10. Collect license fees from owners who retrieve animals not currently licensed and return fees to the city. 10.03 11. Collect boarding fees at $10.00 per day for dogs and �8.00 per day for cats, per animal from owners who retrieve animals. Fees are kept by the anima( shelter. 12. Hold any impounded animal being reclaimed until proof of applicable current licensing and rabies vaccine is produced. 13. Serve as animal control officers for the city, as defined in Fridiey City Code Chapter 101, and as applicabie to the operation of the animal shelter. IIL CITY RESPONSIBILITY After normal business hours, the city will transport any injured animals that are in a live threatening condition to the �liated Emergency Veterinary Services, at no CO:;t i0 ±he anim�! shelt�.. �!ie� trPµt±r�Ani 3n� r�iPa�� t�:_° C!t�� qn11 t; a^spart thP animal to the animal shelter. 1 V�. �VIVLCL1t1LVn.L VV�1111 LA YY�J In providing all services pursuant to this contract, the animal shelter shali abide by all statutes, a:dinances, rules and reguiations pertaining to or regulating the provision of such secvices. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The animal shelter agrees to make available to duly authorized representatives of the city and either the legislative auditor or the state auditor for the purpose of audit examination, any books, documents, papers, and records of the animal shelter that are pertinent to the animal shelter's provision of service hereunder. The animal shelter further agrees to maintain a11 such required records for three years after receipt of final payment and the closing of all other related matters. VL ANIMAI, SHELTER RESPONSIBII,ITIES AND INSURANCE The animal she:ter shall b� responsible for all damages, harm or illness suffered by the animals under its care and in its custody which may be due to the negligence of the animal shelter. Said animal shelter shall save the city harmless from any damages, costs, actions, or causes or action, or claims made a�ainst the ciry for any harm, losses, damages, or expenses or account of bodiiy injury, sickness, disease, improper disposition, death, and property damage resulting from the animal she(ter's operation. The animal she(ter shall procure and keep in full force comprehensive general liability insurance in the amount of not less than $100,000 and $350,000 fo 10.04 safeguard and indemnify the city for any of the occurrences aforementioned. Such insurance policy must be filed with the city clerk. VII. COMPENSATION 1. The city shall pay the animal she(ter the sum of $1,200 per month for services stated in this contract. Said sum shall be paid on or about the last day of the ►nonth, or within thirty (30) days after submission of the monthly claims, by the animal shelter. 2. The animal shelter may charge and retain customary veterinary fees including rabies, and distemper-parvot (DHPP) vaccine. VIII. EARLY TERMINATION This contract may be terminated by either party, with or without cause upon thirty (30) days written notice, delivered by United States mail or in person, to the other �,aiiv. �vi E,ui�,0$2� vi SuCli iivii�2, iii2 auui2SS Oi ii12 aiiliiiai S�i2ii2i iS: Brighton Veterinary Hospital PA 2615 Mississippi St. New Brighton, MN 55112 and the address of the city is: City of Fridley 6431 University Avenue N.E_ Fridley, MN 55432 IX. MODIFICATIONS Any material alterations, modifications or variations of the terms of this contract shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the narties. X. ENTIRE AGREEI�NT It is understood and a�reed by the parties that the entire agreements of the parties are contained herein and that the contract supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the animal shelter and the city relating to the subject matter hereof. The parties hereto revoke any prior ora( or written agreer�lent bet�veen themselves and hereby agree that this contract is the oniy and complete agreernent regarding the subject hereof 10.05 ANIMAL SHELTER � :, - ' % By: T�tte: � , � Date: Title: Date: 10.06 CITY By: Titie: Date: Tit1e: Date: / � CfTY OF FRIDLEY APPOINTMENT August 25, 1997 Starting Name Position Sala Mechell Acc't'g./Data $11.07 Turok Processing Clerk per hour (Cashier) Non-exempt 11.01 Starting Date Replaces Sept.8, Walter 1997 Ca1e � � �m oF FRIDL[Y GAS SERVICES Erickson PHC 9212 isanti St NE Blaine MN 55449 I..IC�' lvs.�' S AUGUST 25, 1997 GENERAL CONTRACTOR-COMMERCIAL Collective Carpentry 1247 Juna St Paul MN 55116 J-T Home Repair & Remodeling 3839 � an Burer St P�E Columbia Heights MN 55421-3954 Omega Construction Inc 9738 Purgatory Rd Eden Prairie MN 55347 RON JULKOWSKI Stacy Erickson Building Official RON JULKOWSKI Christopher McAninch Building Official Arlette Sanderson Dan Becker GENERAI CONTRACTOR-RESIDENTIAL Christians Inc (3712) 1480 Park Rd Chanhassen MN 55317 Pete Brunsberg Crosby Construction Inc (20021017) 3247 Vincent Ave N Minneapolis MN 55412 1 st Class Construction (20055534) 4616 Edinbrook Ter Brooklyn Park MN 55443 Ken's Roofing Co (5035) 3600 Minnehaha Ave Minneapolis MN 55406 Laker Construction Inc r20053900) 1601 1 West Ave SE Prior Lake MN 55372-1723 Peter Crosby Chad Sallman Kenneth Green Gary Schoeller 13.02 Same Same STATE OF MINN Same Same Same Same Murphy Bros Building (3416) 1613 93 Ln Blaine MN 55449 New Roof Inc (20003381) 30085 Fir Trail Stacy MN 55079 HEATING Climatronics HVAC 11833 Douglas Dr NE Champlin MN 55316 Commercial Plumbing & Heating 3151 101 Ave NE Blaine MN 55449 Erickson PHC 9212 Isanti St NE Blaine MN 55449 Modern Heating & Air Cond Inc 2318 First St NE Minneapolis MN 55418 PLi1MBVNG AI's Master Plumbing Inc 900 Red Oak Lane Mound MN 55364 Jobco Plumbing 10001 Wayzata Blvd Minnetonka MN 55305 S & S Plumbing & Heating 8374 Windbreak Trl N Lake Elmo Mn 55042 ROOFING Englund Roofing Inc (5590) 384 N Smith St Paul MN 55102 John Murphy Dan Sawicki Christopher Wiege Bob Skeie Stacy Erickson Terry Hutchinson Alfons Foschiatti Jim Obrien Eric Swanson David Englund 13.03 Same Same RON JULKOWSKI Building Official Same Same Same STATE OF MINN Same Same Same � � CfiY OF FRIDLEY Jay Bros., Inc. 9218 Lake Drive N.E. Forest Lake, MN 55025 ESTIMATES AUGUST 25,1997 Central Avenue Bikeway/Walkway: Bridge Abutments, Project No. ST. FINAL ESTIMATE : . . . . . . . . . . . . Continental Bridge 8301 State Highway 29 N. Alexandria, MN 56308 r .., . ... . . . .. . .. . . . . . . . . $ 9,674.37 Central Avenue Bikeway/Walkway: Bridge, Project No. ST. 1994 - 9 FINAL ESTIMATE : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40,147.31 Allied Blacktop Company 10503 - 89th Avenue Maple Grove, MN 55369 1997 Street Improvement (Sealcoat) Project No. ST. 1997 - 10 Estimate No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $107,177.69 14.01 CITY OF FR,IDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 August 25, 1997 Honorable Mayor and City Council City of Fridley c/o �Villiam VV. Burns, City Manager 6431 University Avenue N.E. Fridiey, MN 55432 Council Members: CERTIFICATE OF THE EI�TGINEER We hereby submit the Final Estimate for Central Avenue Bikeway/Walkway - Bridge Abutments Project No. ST. 1994 - 9, for Jay Bros, Inc., 9218 Lake Drive NE, Forest Lake, MN 55025. We have viewed the work under contract for the construction of Central Avenu7e Bikeway/Walkway - Bridge Abutments Project No. ST. 1994 - 9 and iind that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual'maintenance bond commence on August 25, 1997. Respectfully submitted, � � i� / i: ' . � -z�� -�hn G. Flora Director of Public Works JT:cz Prepared by: ��— /�-� i ,�'Z--�;��1L%�`�---- ,-- ;- � ,/, J / ' '� ; i,:: Checked b3�� _–_--�-__ _. `-:ii'� -..- __ - - "_ 14.03 August 25, 1997 To: Public Works Director City of Fridley REPORT ON FINAL IN PECTIOlV FOR �ITY OF FftIDLEY CENTRAL AVENUE BIKEWAY/WALKWAY BRIDGE ABUTMENT PROJECT NO T 1994 - 9 VYTC� �l1C 1L11U�tJ1�3'l�U, 11QVC 1T�LJFJCC�e� the ab�ve-menLi�r_eu !.}j'L�CLS~.�cii'�a,i li�lli i4.Ildi�. �l1C work required by the contract is substantially complete in conformity with the plans and specifications oi the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being August 25, 1997. ;__-- �� ___ ��_ n ompson, Constructio Inspector , � �' � ontractor ep tative, (Title) 14.04 August 25, 1997 City of Fridley CENTRAL AVENUE BIKEWAY/WALKWAY - BRIDGE ABUTMENTS PROJECT NO. ST. 1994 - 9 �ERTIFiCATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certif'ied herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $33,650.00 and the final payment of $9,674.37 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work down by the contractor under this project. I declare under the penalties. of perjury that this statement is just and correct. JAY BROS, INC. -��= � -- � -� , , Mark Jay, L- �Z? 14.05 August 25, 1997 City of Fridley CENTRAL AVENUE BNIKEWAY/WALKWAY - BRIDGE ABUTMENT PROJECT NO. ST. 1994 - 9 PREVAILIN� i�vr3iix� uERIFI�ATION This is to certify that Jay Bros, Inc. has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Industry for Anoka County. I declare under the penalties of perjury that this statement is just and correct. JAY BROS, INC. .-� � v `-` �, Mark Jay, e_�-o 14.06 FROM: City of Fridley Engineering Oivision TO: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 �Dated: August 25, 1997 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No. 2 (F1NAL) Period Ending: August 22, 1997 For: Jay Bros, Inc. 9218 Lake Drive NE Forest Lake, MN 55025 CENTRAL AVENUE BIKEWAY/WALKWAY: BRIDGE ABUTMENTS PROJECT NO. ST 1994 - 9 SUPPLEMENTAI AGREEMENT NO. 1 Job Code: 553-0000-415-4530-9410 STATEMENT OF WORK '::: �::�sturi�i�' `::':? :::::::::::::::::::: .::::: .:::::::::::::::::::::::::::::::::::::::.:::::::: . . .�. . .... _ ,,,:_: `�::�'Coii�c.'..':lte `::�:: :�: `�`'`� ='� � :: ::: ::::': `-'�' �:��::::: ..= �= ::::::.:_:: .. : ::::: . . . . .t..act. _.,.m . . . C3uant ty.... ... . tments Installation & set bridge 1 LS SUBTOTAL TOTAL 1MARY: nal Contract Amount ract additions: ract deductions: �ed contract amount s Completed To Date unt Retained (5%) Amount Paid Previously UNT DUE Tti1S ESTIMATE 33,650.00 �0.25 S33,650.00 33,650.00 33,650.00 � 0.00 23,975.63 59,674.37 14.07 �; i�:�:::� ::i::::..::::::cr3��:;:=:�::: : :: iti t ' : :::: si�:::::::�::: � i ate`� �:� :: a.e..l... m (. 8,412.50 � 1.00 58,412.54 33,650.00 533,650.00 Jay Bros, Inc. Estimate No. 2 (FINAL) CERTIFICATE OF THE CONTRACTOR I hereby certify that the work performed and the materials supplied to date under the terms of the contract for this project, and all authorized changes thereto, have an actuai value under the co�tract of the amounts shown on this estimate land the final quantities on the final estimate are correctl, and that this estimate is just and correct and no part of the "Amount Due This Estimate" has been �eceived. L� , �Y �C/- C tractor's Aut ori �Re tative (Title) CERTIFICATE OF THE ENGINEER 1 hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. !:ITY OF FRIDLEY, INSPECTOR i� ^ By � � ' t�,.. --�� _ '�� -- _ -- i1 „ j �+ � ..__ � _ � ,:._r!--�--7:---�------- Checked By ____._—� � � / 1 14.08 Date � �� 7 Respectfully Submitted, -� � �- % :-�. �� L�' --- '��_ � - John G. Flora, P.E. ✓ Public Works Director Page 2 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 August 25, 1997 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridley, MN 55432 Council Members: CERTIFICATE OF THE ENGINEER We hereby submit the Final Esti.mate for Central Avenue Bikeway/Walkway - Bridge Project No. ST. 1994 - 9, for Coutinental Bridge, 8301 State Highway 29 N, Alexandria, MN 56308. We have viewed the work under contract for the construction of Central Avenue Bikeway/Walkway - Bridge Project No. ST. 1994 - 9 and find that the same is substantially complete in accordance with the contract documents. I recommend that final payment be made upon acceptance of the work by your Honorable Body and that the one year contractual maintenance bond commence on August 25, 1997. Respectfully submitted, , .�� --' John G. Flora Director of Public Works JT:cz � � � Prepared by_ `�- � �: �� -'f ,�----��. .," ��_ "�. _. ,= ' '. ', Checked by: ` �----J = ; -1 ��__—_ _- ---- 14.09 August 25, 1997 To: Public Works Director City of Fridley REPORT ON FI.NA_ I_ IN�pECTION FOR �ITY OF FRIDLEY CENTRAL AVENUE Bi�yrA�'j-i�;�iL,�yvAY �R,iDGE PROJECT NO T 1994 9 vv e, ine undersigned, ��ave inspected ihe aibove-mentioneci project and find that the work required by the contract is substantially comnlete in conformity with the plans and specifications of the project. All deficiencies have been corrected by the contractor. Also, the work for which the City feels the contractor should receive a reduced price has been agreed upon by the contractor. So, therefore, we recommend to you that the City approve the attached FINAL ESTIMATE for the contractor and the one-year maintenance bbnd, starting from the day of the final inspection that being August 25, 1997. �_ pson, Construction Inspector � / � � , ^ y i,� � � i.tiv (!.// � L ✓ � � �..� � j , ontr : ctor Re resentative, (Title) 14.10 August 25, 1997 City of Fridley CENTRAL AVENUE BIKEWAY/WALKWAY - BRIDGE PROJECT NO. ST. 1994 - 9 CERTIFICATE OF CONTRACTO:t This is to certify that items of the work shotvn in the statement of `work certified herein have been actually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $40,147.31 and the final payment of $40,147.31 for the i.mprovement.project would cover in full, the contractor's claims against the �ity for all labor, materials and other work down by the contractor under this project. I declare under the penalties of perjury that �his stateinent is just anci correct. CONTINENTAL BRIDGE �-.�. �,�,��► �-s��th,: - � �xQ.� ��c, c�� ;�;,�n�� '�e � S=�eS l 14.11 August 25, 1997 City of Fridley CENTRAL AVENUE gIKEWAy/WALKWAY - BRIDGE PROJECT NO. ST. 1994 - 9 � � PREVAILIN W g E V�;tZ,It� 1 GA 1 IGN This is to certify that Continental Bridge has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Tndust,-y for Anoka County. I declare under the penalties of perjury that this statement is just and correct. CONTINENTAL BRIDGE -,�,�� "` �(�/ � / ✓ c �.� , ,�ee�-C-oordinator Gc r�J ��` LjP � -� S✓G�S � �� i4.12 _ _ FROM: City of Fridley Engineering Division T0: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 ated: Augusi 25, 1997 �� . Conti eliver bridge SUBTOTAL CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSiTY AVENUE N.E. FRIDLEY, MINNESOTA 55432 Estimate No. 1 {FINAL) Period Ending: August 22, 1997 For: Conti�entaf &idge 8301 State Highway 29 N Alexandria MN 56308 CENTRAL AVENUE BIKEWAY/WALKWAY: BRIDGE PROJECT NO. ST 1994 - 9 SUPPLEMENTAL AGREEMENT N0. 2 Job Code: 553-0000-415-4530-9410 STATEMENT OF WORK ... . ....... ..... . . . ... . . . . ... :.. . T: . U::::::.:-::�:�:�::::::::::: :::Arrfour�f ..:. .:::.........ota .......... ...•... . . . . . -- - - - - = ::: -. �is�:::s:;:-� ::;:;:;:::;:��:::: =:: �i`��::s;�::: ��::_:::.'1't� .. - '��::�.Th s.. ::::::::::::::.:::::::::::::.::::::::: :::::::.:.:.::..:::::...::.: .:.:::.:::.:::::::: .:::::::::::.: :::::::::::::::::::.: ::: � - -�txT;a�ed. . . . .�.. . . _ . . : . . _-Unit . . . . : :.. - �'�...TD�:ii'i , st :'::- e�::::: al �im te � � . : ... . . ,: . .. :. ... .::::::.:. :.:.:.: . t Iterrt . :Qua�tiiy :` �1att : Pric�. �st . a �r?n�t . . . . . . 1 LS 37,697.00 1.00 37,697.00 1.00 s 37:697.00 TOTAL UMMARY: �igi�al Contract Amount ontract additions: s�ntract deductions: :svised contract amount ;;:lue Completed To Date . «ies Tax 6.5% :ss Amount Paid Previously '�10UNT DUE THIS ESTIMATE 537,697.00 37,697.00 0.00 2,450.31 - 0.00 S40,147.31 �mo�irii . : 37,697.00 537,697.00 14.13 - Jay Bros, Inc. Estimate No. 1 (FINAL) CERTIFICATE OF 7HE CONTRACTOR I hereby certify that the work performed and the materiais supplied to date under the terms of the contract for this project, and ail authorized changes thereto, have an actual value under the contract of the amounts shown on this estimaie (and the final quantities on the final estimate are correct), and that this estimate is just and correct and no part of the "Amoun � e This Estimate" has been received. ✓� � / By � ! 'U 1 6 � �L�.(�'�� Contractor's uthoriz Rep� sentative (Title) . CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entitled to payment of this estimate under the contract for reference project. CITY OF FRIDIEY, INSPECTOR ,� ��1 g l�_ _ --.-!- _� J y ,,.�. --- �i� ��- :.,.-';-: � _ % � � � � � " l' ' �`' --- Checked By — �� l i �� 14.14 Date _� �� Respecbful�y Submitted, � ,---, > �� ' ��-j`�L�- / John G. Flora, P.E. Pubiic N/orics Director Page 2 TO: FROM: CITY OF FRIDLEY M E M O R A N D II M WILLIAM W. BIIRNB, CITY MANAGER yl�`• '1� RICHARD D. PRIBYL, FINANCB DIRECTOR WILLIAM A. CHAMPA, CITY CLERR SUBJECT: ESTABLISHMENT OF A NEW VOTING PRECINCT/ADMINI3TRATION OF ELECTIONS DATE: AIIGIIST 20, 1997 Attached is the second reading of an ordinance that amends Section 1.02.09 of the City Code. This reading has been amended to clarify the northwestern boundary of Ward 3 Precinct lA and to correct a directional error from west ta east. This proposed ordinance creates a new precin_ct to accommodate the voters gained by the annexa�ior� ` of : l�nc1"'-from the City of Coon Rapids. Since this •new.-�land fai-ls .in a different county commissioner district.than the Fridley land adjacent to it (Ward 3 Precinct 1), we need to create a new precinct for the detached/annexed territory. Since the new precinct does- not follow visible, clearly recognizable features, Ward 3 Precinct l and the new precinct must be named to reflect a relationship (Ward 3 Precinct lA and Ward 3 Precinct 1B). Legal descriptions; rather than streets, were used to define the precincts. The two precincts would only exist until redistricting occurs in 2001. Once Ward 3 Precinct 1B is established, administering an election for seven registered voters is the next challenge. Two options exist �znder Minnesota State Statutes: l. Allow residents to vote at Springbrook Nature Center by designating this as their polling location. Since we do not meet the criteria for combining W3P1A with W3P1B we cannot use the same election judges (MN State Statutes 204B.14 subd. 2). We would need to use a minimum of three additional judges to administer the election to the seven registered voters. 15.01 Page 2 -- Voting/Annexed Property 2. Al1ow residents to vote by mail. Under State Statute 204B.45 subd 1, as amended by the 1997 legislature, W3P1B meets the criteria for a mail ballot precinct since it has less than 50 registered voters. If we chose this option, registered voters in W3P1B would be mailed a ballot 20 days before an election. Residents would also have the option of voting on election day at City Hall where three city employees, who are Anoka County residents, would serve as election judges (Rule 8210.3000). If we chose fihis option there are two additional reguirements: a. Council would need to pass a resolution authorizing mail balloting for this precinct. This would need to be done by September 19 to accommodate a November 4 Special Election (Rule 8310.3000 subd. 2). Once �assed, this resolution would be forwarded to Anoka . County for approval. b. Six weeks before• each election, the eity Clerk would post a notice of mail ballot procedures at City Hall. Before the first election at which mail balloting is used, a notice would also be mailed to all affected registered voters (Rule 8210.3000 subd. 3) . Either of the two options are acceptable. The mail balloting option is perhaps less burdensome to staff since additional judges - who are becoming harder to find - would not have to be recruited and trained. For any elections held in 1997, however, using the Nature Center as a polling place and finding three additional elections judges should not be a problem. We might then consider using the mail ballot option for elections held in 1998 and 2000. Please advise us which option Council prefers. All registered voters from the annexed land have been notified about this item which is scheduled to be on the August 25 agenda. Attachments 7 5.02 ORDINANCE NO. AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 1, BY AMENDING SECTION 1.02.09 The City Council of the City of Fridley does hereby ordain as follows: 9. Ward No. 3, Precinct No. lA is established as the area bounded as follows: . NORTH: Be innin at the intersection of the southern lot line of Lots 16 and 17 Auditor's Subdivision 103 and �� the Mississippi River, go east along the southern lot line of Lots 16 and 17, Auditor's Subdivision 103 to the southeast corner of Lot 17, Auditor's Subdivision 103, then go north to the southwest corner of Lot 23, Block 4, Mississippi Oaks, then go east along the southern lot line of Lot 23, Block 4, Mississippi Oaks to Broad Avenue, then go north on Broad Avenue to the northern city l.imits, then follow the northern city limits �es�east to the Burlington Northern Railroad right-of-way, then go north on the Burlington Northern � Railroad right-of-way (City Limits) to 85th Avenue (City Limits), then go east on 85th Avenue (City Limits) to T.H. #47 (City Limits). EAST: Using T.H. #47 (City Limits) and starting at 85th Avenue, go south on T.H. #47 (City Limits) to Osborne Road. SOUTH: Using Osborne Road and starting at T.H. #47, go southwest on Osborne Road to Burlington Northern Railroad right-of-way, then go north on the Burlington Northern Railroad right-of-way to 79th Way, then go west on 79th Way to the western City Limits (Mississippi River). WEST; Using the western City Limits and starting at 79th Way, go north to the northern City Limits. Ward No. 3, Precinct No. 1B is established as the area bounded as follows: Lots 14, 15, 16 and 17, Auditor's Subdivision 103; Lot 22 and 23, Block 4, Mississippi Oaks. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1997- ATTEST: NANCY J . JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK First Reaeiing: August 11, 1997 15.03 _ _ _ _ _ _ _. MEMORANDUM ' : ' FINANCE DEPARTMENT ` O <CITY OF FRIDLEY ; < t��or TO: FROM: SUBJECT: DATE: RICHARD D. PRIBYL FINAIVCE D�ECTOR WILLIAM W. BURNS, CITY MANAGER �� RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S. HANSEN, STAFF ACCOUNTANT RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1998 August 19,1997 In contormance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the "proposed" 1998 Preliminary Draft Budget. Chapter 275 requires the City to certify a"proposed" budget to the County Auditor prior to September 15. We request the City Council pass the attached resolution and adopt the 1998 "Proposed" Budget. RDP/ph Attachment 16.01 RESOLUTION NO. -1997 A RESOLUTION ADOPTING A"PROPOSED" BUDGET FOR THE FISCAL YEAR 1998 WHEREAS, Chapter 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that the City shall adopt a proposed budget before September 15; and WHEREAS, Chapter 275, Section 065 of Minnesota Statutes requires that such "proposed" bud�et be certified to the County Auditor; NOW T'HEREFORE, BE IT RESOLVED that the ;following "nroposed" budget be adopted and approved: GENERAL FUND Taxes and Specia! Assessments: Current Ad Valorem Delinquent, Penalties, Forfeited Special Assessments Licenses and Permits: Licenses Permits Intergovernmentai: Federal State - Homestead and AgriculturE Credit Aid Local Government Aid Local Performance Aid All Other Charges for Services HRA Water Fund Sewer Fund Storm Water Fund Liquor Fund Cable TV Fund Construction Funds Fines and Forfeits Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Closed Debt Service Fund Liquor Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTALGENERALFUND ESTIMATED iitYENUE S3,825,521 63,898 928 183,511 433,216 6,713 1,039, 739 1,677,068 37,466 528,016 365,636 252,079 157, 623 151,872 84,421 60,312 22, 972 45, 502 181,083 362,120 148,010 11,121 232,902 140, 000 Legisiative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Fnance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Civil Defense Fire: Fre Rental Housing Inspectior Public Works: Municipal Center Engineering lighting Park Maintenance Street Maintenance Recreatio�: Recreation Naturalist Community Development: Building Inspection Plan�ing 10,011,729 Reserve: Emergency No�departmental: 286,007 $10,297,736 16.02 APPROPRIATIONS 594,659 1,889 10,796 283,460 96,422 253,000 27,146 571.577 123,242 164,591 109,275 3,290,101 10,145 762,089 90,866 200, 944 441,972 7 95, 795 705,112 1,163, 601 674, 741 232, 647 231, 784 392,474 140, Q00 69,408 S � 0,297,736. SPECIAL REVENUE FUNDS Cable TV Fund S120,500 Grant Management Fund 254,264 Solid Waste Abatement Fund 398,126 Housing Revitalization Fund 250,000 Fund Balance 33,156 TOTAL SPECIAL REVENUE FUNDS S1,056,046 CAPITAL PROJECTS FUNDS Capital Improvement Fund Taxes - Current Ad Valorem 585;550 General Capital Improvement Interest on Investments 353,150 Streets Capital Improvement Donations 10,000 Parks Capital Improvement Fund Balance 583,772 TOTAL CAPITAL PROJECTS FUND� 81,032,472 AGENCY FUND Six Cities Watershed Fund Taxes - Current Ad Valorem $�.822 TOTALAGENCYFUND TOTAL 57.822 $12,394,076 S 137,330 254,264 414,452 250,000 51,056,046 S 280,000 483,737 268,735 S 1,032,472 S7,822 S 7.822 S 12,394,076 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF AtJGUST, I597 ATTEST: WILLIAM A. CHAMPA - CITY CLERK NANCY J. JORGENSON - MAYOR 16.03 MEMORANDUM � � FINANCE DEPA�2TMENT CITY OF<FRIDLEI' �Y TO: FROM: SUBJECT: DATE: RICHARD D. PRIBYL FINAIVCE DIRECTOR WILLIAM W. BURNS, CITY MANAGER ,�,� ��' RICHARD D. PRIBYL, FINANCE DIRECTOR PAUL S HANSEN, STAFF ACCOUNTANT RESOLUTION CERTIFYING "PROPOSED" TAX LEVY REQUIREMENTS FOR 1998 TO THE COUNTY OF ANOKA FOR COLLECTION August 19,1997 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is a resolution certifying "proposed" tax levy requirements to the Anoka County Auditor. Chapter 275 requires the City to certify its "proposed" tax levy requirements prior to September 15. The 1998 "proposed" tax levy of $4,U14,57Q r�presents ar� increase of $118,958 over the 1997 certified levy. This is the result of an increase of 3% in the tax levy. We request the City Council pass t$e attached . resolution to certify the "proposed" tax levy requirements. '7� � . "1 Attachment 17.01 R�SOLUTION NO. - 1997 A RESOLUTION CERTIFYING pPROPOSED° TAX LEVY REQIIIREMENTg FOR 1998 TO THE COUNTY OF ANOKA WHEREAS, Minnesota Statute Chapter 275, Section 065 requires the City to certify its °proposed° tax levy requirements to the County Auditor; NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County Auditor of the County of Anoka, State of Minnesota, the following ��proposed" tax levy to be levied in 1997 for the year 1998. GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization Stoneybrook.Creek Sub-Watershed District TOTAL ALL FUNDS $3,921,159 $ 72, 689 $ 7,822 � 8.900 �4,010,570 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS _TH DAY OF AUGi15T, 1997. ATTEST: NANCY J. JORGENSON - MAYOR WILLIAM A. CHAMPA - CITY CLERK y %.�2 CITY OF FRIDLEY PROJECT SUMMARY DESCRIPTION OF REQUEST: The petitioners, Wendy and William Nergard, are requesting that four variances be granted to allow construction of a single family dwelling with an attached 20 ft. by 25 ft. finro-car garage. The variances requested are as follows: 1. To reduce the required minimum lot area from 7,500 sq. ft. to 5,500 sq. ft. 2. To increase the maximum lot coverage from 25% to 32% 3. To reduce the front yard setback from 35 ft. to 22 ft. 4. To reduce the rear yard setback from 27.5 ft. to 17.5 ft. STATED HARDSHIP: See attached statem�nt SUMMARY OF ISSUES: The City has in the past previously granted similar variances for r�ductions in the front and rear yard setbacks and the increase in lot coverage. i`he City Fias granted a I�t a�ea variance to 5,500 sq. ft. for an existing dwelling at 537 Fairmont Street. There are developments on similar-sized lots in the neighborhood. Similar requests to allow construction of dwellings on 40 foot wide lots as opposed to the subject property's 50 foot width have been denied. If the lot area variance is denied, there is no viable use of the property except to sell it to either of the adjacent properties. � The subject property is also located in a flood plain and is �equired to meet the Federal Emergency Management Area flood plain standards for construction. This requires the first floor elevation to be at 824.5 and to be properly floodproofed. The petitioner is proposing to elevate the structure on an extended foundation and not on fill. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: The proposed house and site design is well suited to the lot, minimizes the extent and amount of variances, and will be compatible with the neighborhood. Staff recommends that the Appeals Commission approve a reduction in the minimum lot area from 7,500 sq. ft. to 5,500 sq. ft. and an increase in the lo# coverage from 25°/a to 32%, with the following stipulations: 1. No further expansion of the structures, principal, or accessory, shall occur on this lot. 2. No further enclosures such as a 7-foot privacy fence or a densely plar�ted hedge shall be installed. An open work fence such as a standard 48-inch picket or chain link is acceptable. 18.01 Project Summary VAR #97-12, 650 Dover Street Paqe 2 � As the variances for the front and rear yard setbacks are within previousiy granted requests, staff has no recommendation regarding these variances. if the Appeals Commission approves the variance requests to reduce the front and rear yard setbacks, staff recommends the following stipulations as condition of approval: 3. A dwelling and accessory structure shall be floodproofed in accordance with national standards for floodproofing. 4. The first floor elevation of habitable space shall be at 824.5 feet. 5. The petitioners shall submit a verifying survey verifying the first floor elevation of the dwelling. 6. The petitioners shall submit a plan for staff approval to minimize the aesthetic impact of the floodproofing on adjacent properties. This could include both architectural� (brick siding, etc.) and iandscape improvements. 7. The petitione.rs shall install a.hard surface driveway by October 1, 1998 8. The petitioners shall provide a short term solution for the proposed catch basin to be installed in the southwest comer of the property. 9. The petitioner shall sign a hold haRnless agreement indemnifying the City from damages and liability should the dwelling be affected by flooding. APPEALS COMMISSION ACTION: The Appeals Commission voted 2-1 to recommend denial of the request to the City Council. CITY COUNCIL RECOMMENDATION: Staff recommends �that the City Council approve the request with the stipulations recommended. If the City Council approves the request, the City Attomey has suggested that an ordinance be drafted establishing standards for development of parcels 5,000 to 6,000 sq. ft. in size. i 8.�2 Project Summary VAR #97-12, 650 Dover Street Page 3 Petition For: Variances to: 1 2 3 4 Location of Property: Dover Street PROJECT DETAILS Reduce the lot area from 7,500 sq. ft. to 5,500 sq. ft. Increase the lot coverage from 25% to 32% Reduce the front yard se#back from 35 ft. to 22 ft. Reduce the rear yard setback from 27.5 ft. to 17.5 ft. Legal Description of Property: Lots 26 & 27, Block W, Riverview Heights Size: Topography: Exisiing Vegetation: Existing Zoning/Platting: Availability of Municipal Utilities: Vehicular Access: Pedestrian Access: Engineering Issues: 5,500 square feet Mostly flat; however, slopes from the street to the southeast corner Grass, some trees R-1, Single Family, Riverview Heights / 1922 Dover Street Dover Street N/A Drainage issues due to need for fill to address FEMA issues Comprehensive The Comprehensive and Zoning Plans are consistent in this Planning Issues: location. Public Hearing Comments: Several residents spoke in opposition of the request. 18.03 Project Summary VAR #97-12, 650 Dover Street Paqe 4 WEST: SO TH: EAST: ADJACENT SITES: Zoning: R-1, Single Family Land Use: Zoning: R-1, Singie Family Land Use: Zoning: R-1, Single Family Land Use: NORTH: Zoning: R-1, Single Family Land Use: Site Planning Issues: REQUEST: Residential Residential Residential Residential The petitioners, Wendy and William Nergard, are requesting that four variances be granted to allow construction of a single family dwelling with an attached 20 ft. by 25 ft. two-car garage. The variances requested are as follows: 1. To reduce the required minimum lot area from 7,500 sq. ft. to 5,500 sq. ft. 2. To increase the maximum lot coverage from 25% to 32. 3. To reduce the front yard setback from 35 ft. to 22 ft. 4. To reduce the rear yard setback from 27.5 ft. to .17.5 ft. SITE DESCRIPTION/HISTORY: The subject property is located on Dover Street, approximately 211 feet east of Riverview Terrace. The property is composed of two 25 ft. by 110 ft. lots. It appears that the property has been vacant since the Riverview Heights area was platted in 1922. The property is zoned R-1, Single Family Dwelling. There are single family dwellings located on the adjacent properties. The proposed dwelling will be 1,260 sq. ft. with a 500 sq. ft. attached garage. ANALYSIS Lot Area Section 205.07.03.A.(2) requires a minimum lot area of 7,500 sq. ft. where a lot is on a subdivision or plat recorded before December 29, 1955. Public purpose served by this requirement is to avoid the congestion of overcrowding in a residential neighborhood. 18.04 . . Project Summary VAR #97-12, 650 Dover Street Page 5 The subject property measures 50 ft. by 110 ft. for a total lot area of 5,500 sq. ft. Section 205.07.03.A.(2) allows lot areas on subdivisions or plats prior to 1955 to be 7,500 sq. ft. The property is 5,500 sq. ft., 2,000 sq. ft. less than the minimum required by Code. There are many similar sized properties in the Rive�view Heights area which have been developed. If the City denies the lot area variance, the remaining economic alternative for the property owner is to sell the property to either one or both of the adjacent properties. The property owner indicated that when asked previously, the adjacent owners were not interested in buying the property. The property to the west is 6,600 sq. ft., and property to the east is 11,000 sq. ft. Both adjacent properties have single family dwellings measuring 1,396 sq. ft. and 968 sq. ft. The City has previously grant�d a variance of this nature. This is a 50-foot lot. All variance requests to allow co:�s±ru�tio� o;� �0 foot wide lats have been denied by the City Council. Lot Coveraae Section 205.07.03.0 requirss tha; no: more than 25°0 �f the area of a lot sha11 be covered by the main building and all accessory buildings. Public purpose served by this requirement is to eliminate the congestion of overcrowding in a residential area. The petitioners are requesting a variance to increase the lot coverage from 25% to 32%. Lot coverage is a funetion of the lot area as the Code permits no more than 25% of the lot area to be covered by all structures. The petitioners are proposing a dwelling and garage of 1,760.92 sq. ft. This dwelling and garage is similar to size to many of the ramblers located in other neighborhoods. If this dwelling was proposed for the minimum 9,000 sq. ft. lot, it would not exceed the maximum 25% lot coverage (2,250 sq. ft. altowed). If the lot met the 7,500 sq. ft. minimum lot area, it also would not exceed the maximum of 25% (1,875 sq. ft. allowed). The City has previously granted a lot area variance for a residential request to 31 %. Front Yard Setback Section 205.07.03.D.(1) requires a front yard setback of not less than 35 feet. Public purpose served by this requirement is to allow for off-street parking witfiout encroaching on the public right-of-way and also for aesthetic consideration to reduce the building "line of sight" encroachment into the neighbor's front yard. The petitioners have requested a variance to reduce the front yard setback from 35 ft. to 22.15 ft. The dwellings on either side of the proposed structure do not meet the required front yard setback. The dwelling to the west is located 10.97 feet from the 18.05 Project Summary VAR #97-12, 650 Dover Street Paae 6 front property line and the dwelling to the east is located 31.8 feet from the front �roperty line. The petitioners have designed the proposed structure in a manner which is sensitive to the two existing dwellings on either side (see drawing with site line). As is shown on the Certificate of Suniey, the proposed dwelling does not encroach forward of a line connecting the front two corners of the adjacent dwellings. The petitioners could meet the front yard setback requirement if the dwelling proposed was two stories in height and contained a smaller footprint. The proposed dwelling would need to be reduced by 13 feet in order to meet the required front yard setback. As the dwelling will need to be elevated 6 feet to meet the flood plain requirements, a two-story dwelling may be more imposing on the adjacent structures than the encroachment into the front yard. � he �ity has previously granted a front yard variance request to 8 feet. Rear Yard Setback Section 205.07.03.D.(3).(a) requires a rear yard setback of not less than 25% of the lot uepth with � �ot less than 25 feet permitted or more than 40 feet required r`or ine main building. Public purpose served by this requirement is to provide rear yard space to be used for green areas which enhance the neighborhood. The petitioners are requesting a 10 foot reduction in the rear yard setback requirement from 27.5 feet to 17.5 feet. The attached garage encroaches into the rear yard setback. The petitioners could constn.�ct a detached ga�age which could be located within three feet of the side and rear lot lines. The petitioners, however, have chosen to attach the garage which increases the setback from the adjacent properties. The proposed garage will be 63 feet from the structure to the rear and 24 feet from the stnacture to the west. The City has previously granted similar requests. Flood Plain Construction Requirements The Subject property is located within the flood plain of the Mississippi River. The City previously required a special use permit prior to allowing construction within the flood plain area. In 1995, the City revised its flood plain requirements to eliminate the special use permit requirement if certain standards were met: The Federal Emergency Management Agency's flood plain requirements require that the first floor elevation be one foot above the 100 year flood elevation. The proposed dwelling will need to be located at 824.5 above sea level. The petitioners propose to elevate the dwelling on additional courses of masonry block, 6 feet in � s.os Project Summary VAR #97-12, 650 Dover Street Paqe 7 height. The petitioners will need to address the aesthetic impact of the additional block. 2. Accessory structures such as the attached garage may be placed below the 100 year flood elevation if they are floodproofed in accordance with national floodproofing standards. 3. The City has typically required recording of a hold harmless agreement indemnifying the City from damages and liability should the dwelling be affected by flooding. A hard surface driveway will be required if the variances are approved and the dwelling is co�structed. STAFF RECOMMENDATION TO THE APPEALS COMMISSION: The proposed site and house design is well suited to the lot. Side yard setbacks of 10 feet are met on both sides, thereby creating the typicaily required separation befinreen houses. The house and garage are located to minimize encroachment on adiacent properties. The front elevation of the house, with three roof lines, also adds interest and variety to the streetscape. Denial of the lot area variance would result in declaring the site unbuildable. If adjacent owners are not willing to purchase the lot, the lot may become a nuisance. The proposed house and site design appears to be a good example of smaller lot development and would not detract from the neighborhood. Staff recommends that the Appeals Commission approve a reduction in the minimum lot area from 7,500 sq. ft. to 5,500 sq. ft. and an increase in the lot coverage from 25% to 32%, with the following stipulations: No further expansion of the structures, principal, or accessory, shall occur on this lot. 2. No further enclosures such as a 7-foot privacy fence or a densely planted hedge shatl be installed. An open work fence such as a standard 48-inch picket or chain link is acceptable. As the variances for the front and rear yard setbacks are within previously granted requests, staff has no recommendation rega�ding these variances. If the Appeals Commission approves the variance requests to reduce the front and rear yard setbacks, staff recommends the following stipulations as condition of approvaL 18.07 Project Summary VAR #97-12, 650 Dover Street Page 8 3• A dwelling and accessory structure shall be floodproofed in accordance with nationai standards for floodproofng. 4. The first floor elevation of habitable space shall be at 824.5 feet. 5. The petitioners shall submit a verifying survey verifying the first floor elevation of the dwelling. 6. The petitioners shal! submit a plan for staff approval to minimize the aesthetic impact of the floodproofing on adjacent properties. This could include both architectural (brick siding, etc.) and landscape improvements.. 7. The petitioners shall install a hard surface driveway by October 1, 1998. 8. The petitioners shall provide a short term solution for the proposed catch basin to be installed in the southwest corner of the property. g. The petitioner shall sign a hold harmless �greeamert i��emnify;ng �t�e �ity from damages and liability should the dwelfing be affected by flooding APPEALS COMMISSION ACTION: The Appeals Commission voted 2-1 to recommend denial of the request to the City Council. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council approve the request with the stipulations recommended: If the City Council approves the request, the City Attorney has suggested that an ordinance be drafted establishing standards for development of parcels 5,000 to 6,000 sq. ft. in size. • � . � � \ � �� 0 `' ` % �. , , �,�� «�: — _ � R 2- Two Farrily Urrts �VAR #97-12, 650 Dover Street � r�s - c� nn�p� urics 0 R a- nn�� r�,� � o�;°_� �.�,,,� This request, by William � S- 2 - F� d c� e lopmak Qstrid � a nd Wendy Nergard, � G1 - Local Business � Gz -� �� has several variance for �_�� G3 - C'�.ral Shop�ing lot area I , � GR1- General Office � ot coverage � NF1 -L�ght Ind�strial ; and reductions in front and � N42 - Heavy Ind�strial o►�3 -�� . I rear yard setbacks to � RR - Rai�roads ,,,} [_ " P -RblicFacilities I a��/ �(lstr(„�l.t�� f a n�i� ° ��-,,,�,Y i _dw�el 1n9._ __ __ _ __- _ 18.09 A �, � L� c«�i�d �,d �, fr«�, a� � � o� a�ir�anoe No. �o �d z«�ing n�p �e dake 127/56 bogether with all arrierxing a�'in- ��ti,�� The Cily of Fridley tias taken every effort � pro- ViC�E UlE fi106i U�tO-C�2t@ I�OfTT13'flOfl 3Vd 2bl@. �le �8 pf2SGI1tG'd �f@ IS SlbfA� t0 C�t3'�. The City o# Fridey wil! not be respor�s+b�e `or � errors or usage of this doal-ent. C�r�tificate of ��rve ;, y ��i , ;VAR �197-12 �� _i;� � �elilliam Nergard % ;. % � �°e.� N � = i ' S� r e / ---�"'��i ' - �er `enter�i�e � � 0 _ - . �' %�� __ - ' ,�—j'' ,:�' �'J, � / ex St�n9 �'�rt J 5p 00 meos Lc Pfa� ., ��:r �. •Si E �•, N ") 6' S2 , , i �• < � � ' � � � � � . K � C� �' N ' . L �` ' ,—� � 2� v.35 � < � � B �� '� - � � - - � - ! -- - �� :__ -:.� . - < , ,5� ,��,• � ' ' . � VO 5 �- � . ) . _ - � � ' elev=0�1.»5 � -( � t35 : � r j ' ` �.,. ` > <(\. . .-.. � _ �I �� + � \ , Er',S:i^�C� � _ � , °. f xd18.8 � 1 ._se ' ' , n I � � ,�� _ - .� � r` _ 1 f J ? /7 �` � ',C�., 1 ,"914.5 w\.`' `` ' = __- �C \i � - � , ProposeC House ',0.� �� m � � . - t - ' � a, , - � � 1 pcoposetl (��st floor eier-824.5 \ . . �1 , – �.a.s ^ r �. � �j n �,1 L U� , o Lot=5495 s. f �, \ ' � �. i , � �Q, �� / _ . 1 3'� 9.51 �� '' � � �\ `�' ' I 1 � n � � 1� ' , �, � j � . ' . �°n � - � N Ir '°- � c< -- `t; o ' � � ��I " ._ . . _' . 1� , 9 � .-_\ p , // �6^� `,�,,e� �5ti '�� 1�' � c � � _' ^' . . �� Bta.o x � 3., � � x,� 8� 8.3 �. � ,}5.; , � � a . �, \ � a5� � ' _- i - � i . e��st�nq garage p '. 1 � � ' . ` \ � o ', � �, \ 6 �� / �.. �ba�u �ine � ` � � Building Setbacks: a ` � � / b�`1C�n9,5 � ` , o � Fro�t-35 ft:;or dev-8t9.i4 .- \ � / • \ \ 0 5A �� Reor =1/4 0l total lo! �� —i � '. ProDOSed Garoge�" o - not mora thon 40 feot � � � o �/' � Side=10 house . ,- propo floor eiev=819.p 5 garo9e . . . ,� �� . \ . 3 C�rivewoy y ' . . . � - �' . \ � � � B�NCHMhRK�. � �� Sa��e in ash "20'� ^s�,. . . A . � e:e �=8t9.t3 � , ZSA� ''/ G1 � • I h�•_�y cert�fy thot th�s survey. . � ` \ " - � �v � - plc : or reoort was D;ep red Dp �-. . - , � \. ur .�.e� my diroct supe .s o� o:,c� �, ��. _. � � . :hat � om o Ouly ReSistere� lond 1 � � � � �� (�` Sureeyor �nder the ia«s of the ` � � .� ��= S;o!e of Minnesotc. - 1 � �- �n � x � 1 , J. t nd�Sur.�e;or 1� �o �oP°Sed � �a r. eq. No. t<?<} 1 l _ �� 1e� , - l��.� G'� �o�r,oU�'t�ee, a��Q ��. �� v. 7500 Sq i`ft� _,;5:�.. Sewo. . o,o "8 �°.6 eno es ro ose s e�e t r • � \�s�� 9 �6 meos Sp C 9 ` L! 1'[\ p z^�� • O `, O� �G" W PROPERTY DESCR�PT10�'�: - v r� v �■ �� /Q Y r �� 5 7635 Lota 26 and 27, Block W RIVER 11^e �� T ��nce denotes e•�:s:..r.g cc^:c.' 9 h at n �. � i?equested B+ Kev�se-. • ._�otes �ron T,cn�,iment fcc-- ' .�„�> �,,, G,�F sP: .,,,� B. e. C,�. f Mi n n e s o t a _:- � o w<,t o��:,_or '��'�,' � . . .' <d F.LS. . � � 3nj. � . _ ._ - - `Y , Buttalo NM. 55J�3j ��/ Dn. 682-�727 t-- 5 _ :es so co - a ��`.°- _•:,w^ By� �� Sccte: ._<d °y- � Ftx�.� 682�3b22 �_. �t-5 e«_�o.�, -s+ �_ �7/17/97I C. R. F 1°=10' �. . ssoanrea Q��,j �] E+qine�n u+J L�M�y�ris:vr�, ,'nC. I `�"'��"? C� rti f i �� e ofi S�rve _ �' � � p/ AR ��97-]2 i�� -� � 'lliam Nergard �- stree ce�ler\ine 'D ♦ i Q r �. . ,:. _ - . _ � � O V G : _ _ _ _ - - - - - _ 11 --- / _ _ ��c � � o�oi - � �x;su�9 � � � m�os , � 5p.00 i' � ir 11 o j2 51 £ � . � N - , 1 i . . � _ _ � . � ,l . � � , _,-- GN;K � � � �, ,� p ,�<, , � B � ', , . � � — ' i ` ' ! . � i — i ,— — --\ — .„ � _ < . � � i . � � ' ;,0 �. 0 5� � .— — ` -- - ;s_"i t lico� i . �. a - . 5' ' � � -�- .�}.5 �� e _v=62i.a5 � a �� 1 0 .. � , ,,� , 3 � o � -A� `� . .. . . �: '> ' �� . � .. " - 1 ' � � i 1 0 ..1 . �` � \ e:istinq � 1 ; , l. =. .., � "E7b.b .�1 . � ^o;;se 1 c � '`f ' i . � , .. esis!ing _ � �� , � N �-.. � � I . _ � � � �] �-� ♦ � � i � '- C--- -� � � z N) house � _ � 50�. _ i ��. 2� 8t9.5 ,�\�`. , ; ` _� - - �, ( � - � Propose0 Hwse �OA :st fl��r der-827.91 1 u 1_ � ,� t'+ ) � � � l 1 � �� pro0osed tirst tioor eier-624.5 � � . . �? a' . � , ,85 � �! : M1 .. D oC p - I '.1 i J:\ lot=5a95 s.f. w �\ . � 'rn � � o � 1 �, ` rn J � � 1, �145� �oj � o\? � 1 j N �' � � , , � � ,: ,'1, . o<? i � �. � i _ � w �� - o � • v, � �. o C� /� _" �" l ° /� S6 _ --.- 1 . � � �,' . , - � ` �1 . �� :d ,`•8' csn ,1 � ' � � � `� dt8.6 `3�8.3 j , � � 3•: . ' � � . \� - �- � i3-% � � '" t_ - , 1 / b5� < — ,_.�_:_ . � i ex�st�ng goroge p''•. 1 1 � ��.' 1, \ . L 8addinq Setbacks: a ,..� � 1 1 6 -. S�ba�k ��ne'� 1 . � � \ Front-35 t�oor elev-819.ta ° �. ��. �\ =�adn9• '. � o \/ . Rear =1/4 of toial lot �, �, � _ � � '. Propose0 Corage � � � 5%� \ - not moro thon 40 feet '� ��_� � Side=10 house � � �o � propoSeA-floo� elev=819.0 �. 5 garaqe — � � ,_ � �� i\ 3 diriveway — ' . � � . \ �. B�NCHMARK: . �� ti � � Sp�ke in osh . , . ele�=879.iJ .� _' s�'.� . Zg00 � . i �ereDy cMify that this surveY• i.p\ ` , ' . ��. [�cn, or reporl Mos Drepared by me , � � o� un.�cr my direct supenision onE r:, ��, _ � � �'�, :�ot 1 cm a Ouly Regislered lond �� / ' Su�veyor under the lows ol the �� . � � _,. �. S;CSe ol MinneSOto. . � , , _ ' ' �, ;� � \ >c \ 1 EG�ord J. tto ond Survqor �� `I � I' �� ., oPOSe3 . _ t Octe: Req. No. 14343 � �� oUl`et �o � � . rd C�o� oo�� St«et - O `,ns�p1\ S�Me' „ \t9_.o denotes pro,osed s7ot Ne�ation � � �—Stor�Y` � �, me,s 5��0 plo� denotes proposed contou� yg 96 "O,o .� �p' W ?ROPERTY DESCRiPi10h� � � � 5�6 5 Loto 26 and 27, Block w R�VER �ynce "�'e �.� \ VIEW H[ICHTS. Aro:ea County. 1!.�nnesoto Crno[es e.�stin9 cr�ntour �� . according to i�e rewrd plot :neroof. _' > • _enotes �ron monument tound Req�eSted 8y: . � �. ;,, _- �-��e5 0� ,;pe set a�a B. B. fi Minnesota � '�"'�� "'�a.keC R_L.S. No. 14343 —� - 0 HMSi O4vlsion S �e�o;es s.17 borinq Dote: Dcawn Ey G^ �� 2�-�27�� . cte �nvc�ed °y: ;rti �_ . __ �'es oereoiot�on tes: hol. ' / - -� � - � � - - A7E9 'F�:. �-�� • �. �7/i,,97 C.R.F � 1.=10 � �°q 4,��;� . fn�lrn��i u� I.�vr a,-....,�-. ■ . Cer . tlflcate o� Surve �— Y � VAR ��97-]2 p� ''William Nergard -� N -- et � St re �� rcenlerline _-� o � e r. �. �_-� D �- - -_ - -- - _ � existi�9 Gurb � � � J Sp.00 meos & o�at � �r 1 E 1 N 'l6'32 5� . _-�---� _ ,,_ �� . . .- -' - � � , .. - � � � _ �� K � � _ � � ,L 0 " ' < � g > � Line of Sit � �' � � � � -- ._.. ` � L i � -� �.: ..� .,..._ � � � N --- �. �.� e , T _. � � _--, - exis ing struct� es a �=�� 5; „oo� ■ o � � 't3.5 1 lev=82t.a5 � o . . - _ � .-. � . ` � � _ ' , � ' �. � �,� _ - � , l - °. �i � � 1� ezistin9 I o' �xi5:: �y ... .: � 1, £ . � � 1` xH18.a hOUSe I O J 1 D �� ` � house _ . 1 r._ r% / ' _ � �, v, � - • �� - L � "8�9.5 N . . , _1._ -. . m ist floor eler-821.97 � 1 Proposed House �•� .. . J - � � � �� 10� � m f - - �.g_5 ; � propose0 first floor ele�=gzy.g � � ' < cp_ . ; `, �%6 �`, _ � 1 i. L 1 �'� o Lot=5495 s.f. p O 7 /I � �19.5� �` ' �O+ � o . i � N �{ ', C' . / � ir 1' �� 1� . W 7 / � t , � N C / -- � y, 1 1\ N / ' �" � Vi � . - _ � p( ) 1 �/ __ ' . � . { - - I . , 0\ - / �J6 - o�� , -'// � \ ,��,e' asn ��1' � � 0`1 \ < �. � � �� v J.�- ; � d� X8�8:3 ` _ � e.�st�ng 9a�o e o,. _.�.�_. _- . f� a.50 � 9 a �, � '� .� . 8uitding Setbacks: ° ', � � , 11 6.00 � �� - � 1 � front-35 a . � ! 1 � '. S�,�a�k �Sne ' ,. lioor dev=819.14 a � b��idi�9• � \ Rear =1/4 ot toioi lot . ' � � -� N . � not moro than 40 (eet � - - �` \� ° ' Si0e=10 house } -� �ropose0 Garoqe��' $ 5_0 � �, 5 garoge � . - i o -�� 3 diriveway . _ - . _ ./ �olfOC�seA' floor elev=879.0 BENCHMARK: �� . . � - \ �� SPike in ash , .. i � elee=819.73 � .��.. � hereby certify thot � ihis survey, .' �� plan, or report wos prepare0 �v me . �_fl I� . - � zg.00 � � or under my direct supenls�on �ond � �: � � - '' [hot I om o duly Registered �cnd ' - i � Surve or -��- !��- ' � �- y under the lows of the Y'� � � '. State of Minnesoto. . � ' _/ � � - <�� __ \ . 1 f 1� . X \ ', � i Edward J. to and Surveyo� . � � �i, ��. Dote: Reg. No_ :�a3a3 . . ,'I . ea i . �. /�� - - '�� :0 9�oDp5 > >i � \ �' �d drd� t° ° S�re°� - � \�8.6 denotes proposed s:o! e�evotler � \15`0 � 5ewer 'm;.Q�V� . g� denotes proposed centour � - � - <9� . _ a9 96 �eos 50 00 ��0� . �6•35 �G W PROPERTY DESCRIP710N; te��e ��e � S Lots 26 and 27, Block w R�vrR Cenotes existing co�cour �S �� `� VIE1N HEICHTS, Anoko County. Ninnesoto �I � x-� according to the rocord plc; ;nereof. • denotes �ron monument foend �eQ�ested 8y: . � � Q denotes �ron pip e set �nd 8. R. l r, j,gp� marked R.LS. No. 14J33 ✓ f Minneaota � ��;T B d?notes soil boring �ate: o��t Dlvlsion Dra n Y� cale: . �taio �w. sr,�is G. denotes percolotlon test he�e 7 �neCk?d gy; pry; OE2_4�Z� / 1 7/97 C. R. F. 1"=10' �� sso«�rEa .,F•x:. eez.,su �c� No. . _ . 6+PSnwn �n0 t�nC Il �f'�h : . ._.. .. . &irvsYUn, Inc.. . . 95G �/ %. . � v1c53;�ti�N �o : y:c : ?��-;TS 6Y8C-Lb'b[tL9l • 9CESS�+w'��w �5 � S.i"ot. , � =�.=. ._., _�v : _ +aa�S�Op��.6.++O+uAVU,�q7 . : .:�5;= ^� �_ �'= ,_. .�apne � s�uua� t�q S�WON �181Nfi�� r'" � ° i)�� '37!'�:.J�iy� �IC L m /.-� J � /%� --�-- =c� �, � oL r � s � 0 �, �. �. � � Z Q � � Q % � J J ° v � � � y lll � �L u a � � Z W � � 7 O Oc o� O J w � i• �7 � aI L VAR �t97- ] 2 William Nergard Y 1 c •'� _ � •y N . . ... ; � � � �., r O _l u d' I � � ,.°,�z z o,_a, d- � ' � + -o _� � _� -o �� _, _� 0 � =a �. _, N J _�� 0 _! . / / i L VAR ;� 9 7 — 12 ,- � William Nergard � � � �= �,° �� I a'Z� � i� I �i��i � ; -�� 1 �;� 18.14 __._, .Q�� - i_az _� � -s � � ��L � =o � ' i 0 _� � 1 � �� (4si r,��:� 'i� �� •.,�� . _� P _� _, 'r 9 ei- � �� _.� _� s'- � � Q � � � z. �� .— i � < ° 1 r ; s� �� i^ �� W � � ' �v� ��_� �°M;i ~p��=i ` N ' L � a_�;� �� ^_?� �_c _o-,, a � ' 4;c ,�"` I . �� :-Z :.,•u � 1 O _� J �r 'e �i ' �'AR �197-12 � � ::illiam Nergard p -, � .'-_ � �T I I ; ; , _ �: � �_� ; o<- { � au � �x„ ti � x' y ' x_- O J �y I _� � � � � - I I ^c � W _ - '=� � � i � o i u� a ? i < i i�. I -' � � � J• _� � � 9 � �• ` i -�1 � � I _ ; Q ., �� '; -.� ; ( � - � I � � i � � � � : �..- � � i u`I =� � ""°�N , _si• .� r � _yc�-�-- : ,-a -_-.�_� ��., .� �' 4 'f�� __`- _ � i � i " �` : e-=._ � � F i 9 I = - - - . � � ��i, =- -�- � . N -' - � I � ��.,5 s � Iv�� 11 •!i�;�_�`� p{ i ; . o � .a. � I �: a 1 :'• ' t�� ! _ i � � � } � 3 � - - y-� _�'_' , _ -_ � I1�—,' ^i,�; —� ` � I . .. , , .- ^ , j ., � � � � �� s = ,5�l,, � j ! ° — � � = � — -- ' � — �; � ; ; � C� N�� P+✓ �7 I 4� IL , � /� 1�C'� I�- 1' F I :.� � =j � -1 � � , y � � � _l m � i oh L� (� I � i!- E� J7oZ -S i%= � MSJi7�v �±,� � y S �w j" r�1. 1 - =o o Ly� -? L. � + =p �� 'r J �+ '2�7 9 O o � �1 - � . av9 `'�"s-=- � � r 1� � � N � � • �� n, � � i- r a a _' � , � � �� ,� � I ' � r -o = _ M � �� _r� - �.. �' � 'W1= o� I z�' '� � ,� "+'r_= s�: - "� Y -� _ I ,:. i� � ' �- � � � �'O �2 � � ~~ 9 � I `� �` f 9 a '� _ i31'Sfl� �00'!' i 1� `� J�� _ 9 -��-� A-9 � -� T„� +��y nd �2 �. �-�— Ssy , � _, t;�� `� j .�--+ � " ,��a 0 -� 'N'^� °o � � •saz 1r _ � `•� �.JI < ul m ;*y �` . � '1 � � d� m .�1 � _ � O� m� � ��_�.o� � - - - - - . - � -. 0 � N -Q � I V O 0 0 r 0 �f �' iil' �E tl� �� — — � —� � i , �$ �°� � � �� +5 � ,°',9 f � I � � � � O � � � S � � �� ? j °' o � Z v � s� � " � � °x � � Wia °- l °�'< d 1,` �o v �u - * � �n 5 "1 ' o� r s \ LL_ J � I y, _ e � ,, .: � �� _�I -- �1 �-o..�z a, � 7 ssr*�SL , �'d 18.15 o� pZ n 0 \ O � i � z a11 � ^ }_ � 01�� oy� J 33� c�j Z � i? � � W�J Q �� J ��Z � v > .. �; � � � � � Z N - c =o :� � 9 � :•�2 -yioHO° °_i _�'-..�»`_�_ s��= �_� ��°:��__� �a«:�'� � =�cimo��om __;�_-�_ _ �,._=_a� u ao�a` � •oa u<�`, � o =<io�u�aia ��;.._,..�« e;.:�=;o= �td�.oe o �N�K..r~mttlj~ 6 F ¢ � .. uZ=p F LMii�:.�i �'thiO�CNa � � � li Z 0 0 0 F �" � y1 � � � n. � � S �,�� $r �� o _ � `�---r � , �� ^ � T � �Z � � i i� � �. , �y � a 1 � Y 1 � 1�� :,1 � : 'i < u_ �]1 ; �� - J 4 � b ti �Z � °�d- 9 .,t. �7 0� 18.16 y �� ,, Y .�� v, ` �� 1 � v F-'� QLL UNh � n � Z 0 = =J e o¢il � v y� _� m� '-'� dos} J =a_ _ � � OL> � �7 VAR �f 97-12 Willia:n Nergard �d u „�o �� 0 � a9,�< Y= C d r..��,4 . � �� 3 cl �l � � ,� 1 g `i-- r Z � � J �g� �„t-? d� ta'� S � Q v z u O�il� �a��.� g A�:1 H J � �� W ��o lLQ � ih ' 0 � <��V< �- �'i� � 0 � � �� ['tici��c: (6]'�) -�97--�.ti(N) Pu.��ciiiiilc: (6i'v) -�97-:i.titk) RO D F. D'�-II�I�� 1TTOR.\'EY AT L�1ti' Suitc ',',O'� 14�10 - '��di Strect �Iorth East Rogcrs, Jiinnesota ��`.3i�� REAS�NS FOR VARIANCE 650 DOVER STEZEET :1d�nitt�d In: �Ilnnrtiota \1'itia�nsin Illinois This variance requests regards lots 2b & 27 Block W of River View Heights in Fridtey Minnesota, hereinafter "the property". Platted in 1922, the property consists of 2 lots with dimensions of 25 feet wide by I 10 feet deep. The current zonin, of the property is residential. However, under current code regulations, it is impassible to build any form of residential dwellin� on the to#s without violating almost all of Fridley's R- ( code re�,lations. In an effort to meet a� many of the current codes as possible, petitioner is proposing the following building plan. First, the tots �.�vitl have to be joined into one lot in order to make any building feasible. �lith a lot size of 25' by 110' and side yard setbacks of 10' �io useful structure could be erected with the remaining five feet. However, by joining the two iots together the side yard set backs could be met. t S' e � Second, a variance will be required from the current code's minimum lot size. By joining the two lots together petitioner can obtain 5500 square feet for tfie iot size. The current minimum tot square footage is 7500 square feet. Because there are existing homes on each side of the property, there is no way to obtain additional land to increase the size of the property to meet the minimum lot square footage. Without a variance, the property is useless and can not be built on under the current R-1 Zoning. Lot Coverage Area Third, a variance is required from the regulation that no more than 25% of the lot can be covered by the main building and a11 accessory buildings. As discussed above, the current code requires a 7500 square foot lot. Twenty five percent of this area is 1875 square feet of buildable area. Twenty five percent of the current property is only 1375 square feet (25% x 5500 sq. ft). However, due to the front yard, side yard and driveway set backs this amount is reduced to an area of 1282.5 square feet (27' x 47.5') for both the house and garage_ Due to the size of the lot petitioners are unable to build a functional home by using oniy 25% of the lot. Petitioners would prefer to buiid a smaller home with a basement where they could put utility, laundty, and storage rooms. However, city codes follow FEMA standards which do not al(ow basements in this area. In order to meet the city's codes under FEN[A, all laundry, utility, and storage rooms will have to be moved to the first floor. By moving all of these rooms from the basement to the first floor, the normal living space for petitioners will decrease drastically. In addition, the city's off street parking or garage requirements further reduce the amount of space available for the main dwelling. The amount of area left is insufficient to construct the main buiiding and have that home be functionable for residential purposes. ln order to make the property usable for a residence petitioners request that the city 18.17 increase the percentage of property that can be covered by the main building and sara�e. The current plan cal(s for a house and garage covering a combined area af 18�6 square feet The current plan's total area is under the 1875 square foot requirement for other lots Front and Rear Yard Setback A variance for front and rear yard set backs will be required. As discussed abo�-e, in order to make any functional use of the property a larger building area is needed. The laraer buildin� area will require the adjustment of the front and rear set back lines. `fhe petitioner would lii�e to position the home as close to the street as possible. Both homes on either side of the property are at set6acks less than 11 feet and 32 feet which are under the 35 foot code requirem�nts. P?titioner is requesting that the main dwelling be put at the mid point bet« een the ;�vo adjacent homes, or closer to the strect. The mid point iine would be approximatel�� at a 2G foot setback line or 27.5 feet from the edr�e of the road. The petitioner would (ike to have the building located as close as possible t� the street in �rder to leave as much room as possible for the rear set back line. The rear of the �ropert� is the lowest area on the lot and has a Iarger than 3" diameter tree. In order to meet the citv�s cod� on tree removal and preserve the tree, petitioner would like to keep the building area as close to the iront yarci as possible. In addition, moving the building as close to the street as possible will also allow the petitioners to keep the house �_ff the i_�west area on ihe lot. 'Fhe purpose of keeping thz house away from this area is so that water will not be drained onto the adjoining lando�ners property. With a 20 foot front yard setback a 14 foot rear ya,rd set back coutd be accomplished giving a total of 27.5 feet setback from the road and a 14 feet set back from the rear lot line. Request for Variance The above variances are requested because strict enforcement of the cities code will cause an undue hardship upon the landowners and it will not change the intent of the ordinances. Without the above variances the landowner can not make a reasonable use of the propem. The city has plated this property in its current dimensions. Over time the city°s codes have changed to such an e�ent that the property can no longer be used for any purpose �vithout Qetting a variance from the city. The primary reason for the variances is that the lot size r�uirements have changed dramatically. All of the variances requested are due to the sma11 size of the lot. The landowner has done nothing to cause the need for the above variances: In addition, the. majority of homes in the area are not in cornpiiance with the current setback or square foota�e requirements. Therefore, by granting petitioners' variancesuvill not change the condition of the neighborhood. In addition, granting of the variances will� keep with the intent of the current ordinances. T'he lot size requirements have gone up in order to provide for larger future plated lots in the cit��. However, this lot was plated when the requirements of the city were much smalier Grantin� the variance on lot size will not change the future development of the cit_y. The required lot size of future lots wil( still be controlled. In addition, granting the lot size variance «-i11 allo�� the cin- to prevent its current ordinances from taking away the landowner's onlv available use of the property. J The setback variance requests will also continue to keep with the intent of ti;e ordinances. Petitioner has met as many ofthe set back requirements as possible. The onl�- set ba�k 18.18 Phone: (b 12) 497-4747 Fax: (612) 497-3800 Main Dwelling: � � s � of Minnesota Inc. 14510-45th Street NE Suite 202 Rogers, MN 55374 DESCRIPTION OF MATERIALS 654 Dover Street The main dwelling will be constructed with cement b?ocks up to the bottom plate of the first floor. The Blocks sha11 be waterproofed with poi�walt. The remainder of ihe home will be of wood construction of sufficient type and character to meet current building code specifications. The fire place, if any will be a zero clearance fireplace with brick front. The kitchen will have custom cabinets. The exterior of the home will be constructed with a cedar front, brick wainscot on the front of the home, and vinyl siding. The windows will be a combination of maintenance free tilt out double hung windows and maintenance free stationary windo�vs. The roof shall be covered with standard asphalt shingles. The driveway shall be rolled asphalt. The side walks wiii be poured concrete_ The steps and landing to the main entry will be concrete and covered by the roof. Garage: Minn Usc. # 4562 The gazage will be attached and accessible to the home by stairs entering into the laundry room. The garage will be constructed with wood framing, asphalt shingle roo� vinyl siding and a poured concrete floor. � ',, 2-10 18.19 °`��°� � �- City of Fridley Community Development Department HOUSING DIVISION MEMORANDUM DATE: August 5, 1997 TO: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator V Michele McPherson, Planning Assistant FROM: Grant Fernelius, Housing Coordinator Margaret Metzdorff, Remodeling Advisor �UB.1tC : : �over St. Properties This is to respond to your inquiry regarding the house at 540 Dover St. and the adjacent vacant iot as potential candidates for acquisition and redevelopment under the HRA's Scattered Site Acquisition/Housing Replacement Program. Under Section 1.4 of the HRA's Housing Replacement District Plan, properties eligible for inclusion in the district must be either 1) a vacant site (lot); or 2) contain a vacant house; or 3) contain a house which is structurally substandard pursuant to Minnesota Statutes 469.174 Subd. 10. A property is considered substandard if the cost to repair the structure exceeds 15 % of its value. In p�actice, most of the sites purchased so far have required significantly more rehabilitation (i.e. over 50%) than is feasible to invest in the property. In otherwords, the program really focuses on sites which are severely deteriorated and unattractive for private investment.. . �-_ . . . � `�, _ .• .:. .. � ,:_'�,• • . . -'-�- It doesn't appear that the Dover St. parcels are good candidates for the foliowing �easons: 1) The existing single family home is in fairly good condition and appears to have recently undergone remodeling. lt is doubtful that the site would meet the 15% threshold. 2) It seems that the private market is already accomplishing what the HRA would try to do anyway. In this case, both properties are privately owned and do not �.,;w:�- require public subsidies for �edevelopment. In addition, it is unlikely that the owners � would want to sell making the project extremely expensive. We hope this information is helpful. Please let us know if you need any additional information. 18.21 � ' ;: �. �� , ' �1 � � �',' c' Y�-� � l` i'�I ^ '�-�j «yl <<� ,�, y� � ; i ; , , , ,- , ,� , . ;;'i._ � %� U _ ��-�. 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J �� v �-� �_E�� V �,�-� � � � � � �_ �-e-c�-�-�-�.Lcs.�� , ��,� /' � -��--�.�� v� � ��L � � . , c�.� � -^-� �l� �-��--�-� � c,�_ �� ,�--��, U �� , � ' Y ' •�U �, �,L'X —�-� � �:' � ' ��.�� J J ,� ( � � , �,�A � �7�,-�-;, --�l-- � � �' 18.24 - � �; � �� ' �, , ; , �. �_ _�_ � � -� �. ;�� =�. ` �'. _ ; _ _ ` ,. �� _�`''`"�\ �'�-C-c.-� ''%�-"'. �'----��--- <�.��r�:�-�.�� . ' % f / � � �� l � 1 ' � � i ,�/�.;.��,� L�� i� -��l . ,�: .� . -�- �cc.�� .;�'1 G'��`"L`�. ,��'t,�� t � �� '' � � �� \ �`_. / C - .� l'J 1�! I �1 L `. _� � � . � L � `' �' ,�` 1 // � t/ / // � � � � /� � 1�`t'L.}-�� I ..f � r _ `J � � f �;' � , 18.25 _ � •.• .•� '• •.• _ � 1�� ` . `� �� . � �� • � �'` � � �� , �• �� •. �, : ��'• �� t - �. . rm�� - _ �i � �� __ �� _ � � � �� r�� _ /� �� I � �� e�� .�.�� _.��i � � VAR �� 37- 12 Will_am \ergard , �� , , � i i � --� �--�--'�— � — ; � 1 �J �- �-1—J ___-- __ ; ,. � � �� ; � � � � � �� , . � �� i � ��:J'�. Parcel s bet�n�een 5, Opp and 6, 000 s uare feet a 18.26 \ � U--L--�- - --- - - � - . i _ �� I I � i ----- � I, � � ----! , � i --i� �� ,, � -J � I � �I I \ �. � �. ; I _ ;� ;� � �� i � i �T,� � i '� � � i �i 1 �� I� r- i �' ' � �. i 1 � '�' . � `� � i i l{ I I � � ! I , , �— — �--� � �- -J i� � �� - - • -• - � - ■ = -: - ■ ■� ■� �� ! 11 11� �■ : �I� _■� i � IIII��I�f '� I � ; Z nl Y� � ��,�--��,9 �-�I`L 1 William INer ard! 1j 1�� , � g i�___, � , �� _. � '� � ' � �� ,,_ I 1 � I r � I II I i � I� ' � � - i - - -I I _,� '� � ! � � � �----{---� i' ' ' i --� �— � I , � � -�Y I� I I j I� I ,� _ � __ _-- - I � � � ', �- •- -- 11 i . • • 111 • . - -- � �_ . 18.27 i � /�- ' ' ;; i ; i , ; i i ' I � i - - - - � - - - = - - _ � - _ - - - - -- � - - -. � - - I- - C Z �T �N^ SL � VAR ��,97-]2 William Nergard Parceis b n 5,000 and 6,000 s uare feet q Plymouth A�ddition 18.28 CITY OF FRlOLEY APPEALS COMMISSION MEETING, AUGUST 13, 1997 CALL TO ORDER• Chairperson Kuechle called the August 13, 1997, Appeals Commission mei�g to order at 7:30 p.m. ROLL CALL- Members Present: Larry Kuechle, Caro! Beaulieu, Terrie Members Absent: Ken Vos Others Fresent: Michele McPherson, Plannin Assistant Scott Hickok, Planning � rdinator Wiliiam & Wendy Ner d, 7760 Central Ave, Spring Lake Park Mary King, 375 - 67 Avenue David Padiila, 67 Dover Street Don & Lea� � �„��;;�;,, g�v ��ver Street Monte &' elle Maher, 7965 Riverview Terrace Dale Di son, 600 Ely Street Rod Aigle, 1450 45th Street, Roge�s, MN MOTION by s. Beaulieu, seconded by Ms. Mau, to approve the July 9, 1997, Appeais Commissi mmutes as written. UP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED T MOTION CARRIED UNANIMOUSLY. �- PUBLIC HEARING: CONSIDERATION OF VARIANCE RE UEST VAR #97-12 BY WENDY & WILLIAM NERGARD: Per Section 205.07.03.A.(2) of the Fridley Zoning Code, to reduce the lot area from 7,500 square feet to 5,500 square feet; Per Section 205.07.03.0 of the Fridley Zoning Code, to increase the lot coverage from 25% (1,375 square feet to 32% (1,760.92 square feet); Per Section 205.07.03.D.(1) of the Fridley Zoning Code, to reduce the front yard setback from 35 feet to 17.5 feet; Per Section 205.07.03.D.(3)_(a) of the Fridley Zoning Code, to reduce the rear yard setback from 27.5 feet to 17.5 feet; 18.29 APPEALS COMMISSION MEETING AUGUST 13 1997 PAGE 2 To allow the construction of a new singie family dwelling with attached garage on Lots 26 and 27, Block W, Riveniiew Heights, the same being 650 Dover Street. MOTION by Ms. Mau, seconded by Ms. Beaulieu, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. McPherson stated the petitioners, Wendy and William Nergard, are requesting that four variances be granted to 650 Dover Street to allow construction of a single family dwelling. Ms. McPherson stated the City has previc�usly granted similar variances for reductions i�i iire �ront and rear yard setbacks and the increase in lot coverage. This City has not, however, granted a lo# area variance fo 5,500 sq. ft. There are developments on similar-sized lots in the neighborhood. Simifar requests to alfow construction of dwellings on 40 foot' wide lots as opposed to the subject property's 50 foot width have L'iCCI i UCi IICU. 11 �;e ;�i area variance is aeniea, tnere is no viaoie use oT ine proper'ty except to sell it to either of the adjacent prope�ties. Ms. McPherson stated the subject property measures 50 ft. by 190 ft. for a total Iot area of 5,500 sq. ft. The property is vacant and zoned R-1 Single Family Dwelling. The property is also located in a#lood plain and is required to meet the Federal Emergency Management Area flood plain s.tandards for constn�ction. This �equires the first floor" elevation to be at 824.5 and to be property floodproofed. The peti#ioner is proposing to elevate the structure on an extended foundation and not on fill. Ms. McPherson stated the first item for consideration is the lot area variance. The property is 2,000 sq. ft. less than the minimum required. There are many similar sized properties in the Riverview.Heights area which have been developed. If the City denies the lot area variance, the remaining economic alternative for the property owner is to sell the pcoperty to either one or both of the adjacent properties. The property owner indicated that when asked previously, the adjacent owners were not interested in buying the property. The City has not previously granted a variance of this nature. This is a 50-foot lot. All variance requests to atlow construction on 40 foot lots have been denied. Ms. McPherson stated the second request is the lot coverage variance. Code allows 25% of a lot to be covered by structures. If this dwelling was proposed fo� the minimum 9,000 sq. ft. lot, it would not exceed the maximum 25% lot coverage. In addition, in comparing a 7,500 sq. ft. lot, the proposa! wouid also be within 25%. The petitioners are proposing a 1,282 sq. foot dwelling and attached garage. 18.30 APPEALS COMMISSION MEETING. AUGUST 13 1997 PAGE 3 Ms. McPherson stated the third request is the front yard setback. The petitioners have requested a variance to reduce the front yard setback from 35 ft. to 22 ft. The dweilings on either side do not meet the front yard se#back requirement; 10.9 ft to the west and 31.1 ft to the east. The setback of the proposed structure is sensitive to the site lines of adjacent structures. The City has previously granted a front yard variance request to 8 feet. Ms. McPherson stated the fourth request is for a reduction i� rear yard setback. The petitioners are requesting a 10 foot reduction in the rear yard setback requirement from 27.5 to 17.5 feet and affects the attached garage. The petitioners could construct a detached garage which could be located 3 feet from side and �ear lot lines. The proposed garage will be 63 feet and 24 feet from adjacent stn.ictures Similar variances have been granted in the past. Ms. McPherson stated flood plain requirements are necessary because the s�bject property is located within the flood plain of the Mississippi River. The Federa� Emergency Management Agency's flood plain requirements require the first floor elevation to be located at 824.5 feet or higher. The structure will be elevated on masonry block as opposed to fill. The petitioners will need #o address the aesthetic + F+4. 1 ♦ �L... 1 a.-... 7:...,a• 1 r c 1� i��'`ic^�:,t �, u ic s43iGLrC �3iic'3i i� u �c 5i.iiit�ii i� N8i iTiii aNNiwaii0ii. Aii £�CVatlOii C@iiiliCal@ IS also required. The City typically requires a hold harmless agreement indemnifi,ring the City from damage's and liability should the dwelling be affected by flooding. Ms. McPherson stated tfiat the site and house designs a�e appropriate to the lot. The side yard setbacks a�e met. The design of the house minimizes encroachment on adjacent properties. The front elevation of the house, with three roof lines, also adds interest and variety to the streetscape. Staff, therefo�e, �ecommends that the Appeals Commission approve a reduction in the minimum lot a�ea from 7,500 sq. ft. to 5,500 sq. ft. and an increase in the lot coverage from 25% to 32%, with ihe following stipulations: 1. No fu�ther expansion of the structures, princip�l or accessory, shall occur on this lot. 2_ No fu�ther enGosures such as a 7-foot privacy fence or a densely planted hedge shall be installed. An open work fence such as a standard 48-inch picket or chain link is acceptable. Ms. McPherson stated that as the variances for the front and rear yard setbacks are within previously g�anted requests, staff has no recornmendation regarciing these variances. If the Appeals Commission approves the variance request to reduce the front and rear yard setbacks, staff recommends the following stipulations as condition of approval: 3. The dwelling and aecessory structure shall be floodproofed in accordance with national standards for floodproofing. 18.31 • �vL 4• The first floor elevation of habitable space shall be at 824.5 feet. 5� The petitioners shali submit a verifying survey verifying the fi�st floor elevation 6� A plan to minimize the aesthetic impact of the floodproofing shall be submitted and approved by staff, including architectural (brick siding, etc.) and landscape improvements. 7� The petitioners shall install a hard surface driveway by October 1, 1998. 8. The petitioners shall provide a short term solution to the catch basin to be installed in the southwest corner of the property. 9. The petitioner shall execute a hold harmless agreement indemnifying the Lity rrom damages and liability should the dwelling be affected by flooding. Mr. Kuechle requested clarification on the catch basin. Ms. McPherson stated that water drains into the southwest corner of the property_ The caich basin will maintain existing drainage patterns, due to increase water n.�n-off from hard surface. Public Works has the area scheduled for storm sewer and street improvements for 1999. Ms. Beaulieu asked if there are other 50 foot lots in the city. Ms. McPherson provided a map of properties. l"here a�e 100 prope�ties in the Riverview Heights neighborhood that are befinreen 5,000 and 6,000 sq. ft. Mr. Kuechle asked if the adjacent property owners are the same property owners as this lot? Ms. McPherson stated, no. Ms. Nergard addressed the Appeals Commission and stated #he report included all of their requests. They are petitioning prior to purchasing the property. Mr. Kuechle inquired if there is anyone who would like to speak on behalfi of the request. Michael LaFave, 640 Dover Street, asked how high will the elevation be prior to first floor of house and what is the total height of the structure� Ms. Mc Pherson stated the elevation at 819 feet on the west, and 818 feet on the east. There will be an approximate 6 feet of elevation difference between ground and first 7 8.32 APPEALS COMMISSION MEETING AUGUST 13 1997 PAGE 5 floor. The tallest ridge height of the home is 22 feet from the bottom block to the ridge height. M�. LaFave explained the front setback was also a concem as a!I the houses to the east have the same setback. He aiso owns the lot east of his home. When he purchased the property, he was told it was not possible to build on the land. This lot presently collects a lot of water. Also, if this house were built, it will affect his view and the aesthetics of the entire neighbo�hood. Therefore, Mr. LaFave �ecommends the house be set back fu�ther. The garage appears to be located 3 feet from the LaFave's property. Mr. LaFave requested clarification if his hedge will be allowed to remain. Ms. McPherson stated, yes, as proposed, the garage wil! be 5 feet from his property. Ms. Michelle Maher, 7965 Riverview Terrace, stated she is not personally affectE� by the construction but wants to look at the overall view bf the neighbofiood. TherF are other smail iots in the area. if this variance is granted, what else will happen? Basically, the other houses are old homes and it seems the City buys the older homes to split the lot with the adjacent home owners. She questioned the 31 % previously granted. Was this on a iot that was 5,000 feet or was this already a 7,000 feet iot? Her ofner concem v�ras ine addiiionai waier runoi7. Sne noied ine acchiteciurai style or the home is sensitive to the area, but is it a sensitive move to put a large house in a smal! green area? She. acknowledged the transition of this neighbo�hood and recommended that the Appeals Commission deny the request. Mr. Padilla, 670 Dover, stated he is curren�y in the process of selling his house. He did not want to see any type of development right now. The Ne�gards want to connect into his existing driveway and, at this time, he is not interested in discussing the issue. Mr. Maher, 7965 Riverview Terrace, stated he lives behind the property in question. He presented petitions from residents not able to attend this evening and explained that other neighbors in the area are attempting to purchase empty lots in an effort to create an adequate sized lot or yard. He understands why the Nergards want to move into the area but does not think the 5,500 sq. ft. lot is sufficient for the proposed single family dwelling. He believed #he sewer and water problems are at maximum capacity in the area right now and recommended that the City leave this area alone or work to encourage the existing property owners to increase their lot sizes. He inquired about the minimum lot size requirement. Ms. McPherson stated that for new subdivisions, the minimum size is 9,000 ft., and in existing subdivisions, it is 7,500 square feet. MOTION by Ms. Mau, seconded by Ms. Beaulieu to receive le#ters from Ms. Patricia Kohi's, Mr. Robert Kohl, Ms. Kimberly Hudyma, Mr. Dwight Just and Gary & Christi Boots. 18.33 APPEALS COMMlSSION MEETING AUGUST 13 1997 PAGE 6� UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr_ Dale Dixon, 600 Eiy Street, stated he wouid like to address the traffic pattern of the 6 block area. The roads are quite narrow and traffic is bad. With additional houses, this problem will continue to increase. If this variance is approved, there will be many similar requests to develop additional small properties in the neighborhood. Mr. Dixon reported that many of these smaller lots went into forfeiture because they were unable to build on these prope�ties and that would be unfair to grant the variance. He urged the City to abide by the existing rules. Mr. Rod D'Aigle stated he is at the meeting on behalf of his parents, the current property owners, and the petitioners. Mr. D'Aigie put together the petition and suggested the Commission direct any questions to him. He asked what the ownErs of these small lots will do with them if they are unable to develop. The proposed plans inciude ihe insialiaiion of a catch basin to address water drainage, and sensitivity to site lines have also been acknowledged. The property has been for sale for 4 years, and they have not been able to sell it. The original price of the lot was $15,000 and the owner has come down #o $10,000. If someone is interested in buying the prope�ty and is wiiiing fio incorporat� aii ihe requirements inio ineir house pian, wnat more can be done to make this property usable? Tfie Iand owner has no othsr option. Ms. Beaulieu inquired if there has ever been a structure on this prope�ty. Mr D'Aigle stated, to his knowledge, no. Ms. Beaulieu inquired how long Mr. D'Aigle's parents have owned the lot and what were the building codes at that time? Mr. D'Aigle stated he did not know. Mr. Maher stated the adjacent property sold for $6,000. This property owner is asking too much for the p�operty. Someone would buy the property for a decent price. Mr. LaFave rep�rted that he purchased #he lot to the east of his home as tax forfeited land and was aware that he could not build on the property. He believed the D'Aigle's land was also purchased as tax forfeited land. Ms. Beaulieu requested clarification as to why staff recommends app�oving the first two variances? Mr. Hickok repo�ted the taking is not a concem. The concem is the fact it needs to be floodproofed and no basement means ali utilities must be on one level. This is a one level house with a larger footprint on one level, thus pushing it back and forward on the lot. The !ot width and side setbacks are adequate. 18.34 APPEALS COMMISSION MEETING AUGUST 13 1997 PAGE 7 Ms. Beaulieu inquired if staff is anticipating receiving further cases. Mr. Hickok replied that each case would be reviewed per the physical characteristics of the site to determine if it is approp�iate. Mr. Maher asked why the Planning Commission worked so closely to help with the development of this proposal and fu�ther suggested the City contact neighbors of tax foreclosure property located near them for purchase. Mr. Hickok stated there is an interest in fu�thering the character of the neighborhood and encouraging neighborhoods to clean up properties. They don't want them to assume that when a house reaches a certain point, the City will come in and buy it to divide up the land. It is not possible. The character of the neighborhood is wonderful. Some homes are being purchased and redevelopment is appropriate. Mr. Kuechle clarified that if a person buys a property, that person has a legitimate righi to develop it. There is not a lot the City can do or say about the use of that property. The City needs to make some adjustments to make it usable rather than to deny variances resulting in a worse situation. The goal is to make the best possible ��veio�ment. Smai1 properties dU corr�e with probiems and otner properiy owners cannot tell another prope�ty owner what they can do with their land or tell them who to sell it to. Mr. Anderson stated that by allowing variances, the City is setting a precedent. The lot is not a buildable property, and the City has never g�anted perrnission before and shouldn't now. MOTION by Ms. Beaulieu, seconded by Ms. Mau to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DEC�ARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:40 P.M. Ms. Mau asked how will this area will be affected in the process of widening roads in the area? Will the City widen the street when installing curb & gutter'? Mr. Hickok repo►ted the standard of the roadway is not comparable to other areas. Standard storm sewer, asphalt and gutter are being evaluated along w;th the right-of- way width. 1f the road was widened, it will not be significantly modified. Ms. Mau stated this is a very narrow !ot in which the house could take on the look of a trailer sitting on the lot. Even though the width is fine, she is very sensitive to the fact that the structure will block the site line to the river. The elevation difference between this house and others also concerns her. She acknowledged that the property owner will have difficulty selling the property but is unable to vote in favor of this variance request. 18.35 APPEALS COMMISSION MEETING AUGUST 13 1997 PAGE 8 Ms. Beaulieu stated that with so many neighbo�s opposed to the plan, it would be difficult to support the variance �equest. She is inte�ested in knowing when the prope�ty owners purchased the property. Mr. Kuechle did not concur with fellow Commission members. The property owner has a right to develop the property and this is a reasonable development plan. MOTION by Ms. Beaulieu, seconded by Ms. Mau, to deny variance request, VAR #97- 12, by Wendy & William Nergard to allow the construction of a new single family dweliing with attached garage on Lots 26 and 27, Block W, Riverview Heights, the same being 650 Dover Street. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED. �vlr. Kuechle stated that because of the two objections and #he objections of the neighbors, the request will go to the City Council on Monday, August 25th. 2. BY ViARY KiIVG- Per Section 205.07.03.d.13, (al of the Fridley Zoning Gode, to reduce the rear yard setback from 33.75 fee to 19 feet to allow the construction�of a new attached double car garage o Lot 5, Block 3, Rice Creek Terrace Pla# 3, the same being 375 - 67th Avenu MOTION by Ms. Beaulieu, seconded b Ms. Mau, to waive the reading of the public hearing notice and to open the public he ring. UPON A VOICE VOTE, ALL VOTING AY , CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLI HEARlNG OPEN AT 7:42 P.M. Ms. McPherson stated the petitioner, Mary Ki setback from 33.75 feet to 19 feet to allow coi ca� garage: The property is located at the int� structure was constructed prior to 1965 and rE , is requesting is to reduce the rear yard `ruction of a 26 ft. by 26 ft. attached two- �ection of 4th Street and 67th Ave. The Ms. McPherson stated Code Section 205.07.03.D street frontages on a corner lot as the front yard. would be defined as the front yard and the east pr damage due to'a tornado. ).(a) defines the shortest of two erefore, in this request, 4th Street , rty line would be the rear yard. The house faces 67th Avenue which is the side corne lot Iine. The area of the proposed expansion functions as a side yard rather th a rear yard. If the variance was granted, the�e wouid be 29 sq. ft_ of sepa�ation between the proposed garage and adjacent dwelling. 18.36 _ - , + ��,.-- . .... - ' � -(-•f F - q� � '- ✓ - , �.. .<':*'< < �. --'�r .-:' �, ; • ' � . ' . 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(.� � ` _ � . `��y x�fr�yeF�---�`, .�. � , , _ �-,j, �'_;'�; '�r � ,j `,-.{�--��`�" y�.��,�T, = � { � �/ ��t,. r s.g�': _ �� . : r ✓ rr°' i._.{- P� 2i - �; - .. �y� ,p,.�e -'t _ ,�y T: � V ,..Q :•.,h ui r y , fc.: s - . s . . � . 1 - i f 'Sj y.. : : � -.ie �� . yj ,q ♦ , ' :.-� 4,h K y' r„ J �F ��. a r ; , � �,r ��.� � '� : �" . s t � � f : � o _ ` �' �t'� .% ? d� �1 , . . . - - : - . +J;, Y .�ti' r > : 'a. ��x . . . - - � " � .. . � .__..Zi" :r l..s,�`< 18.37 � ,+'� A ' y V� �� ,�. rt� �� ,,� � 1 ��.,', � � . . Phone: (612) 497-4747 Fax: (612) 497-3800 � � . . of Minnesota Inc. 14510-45th Stree# NE Suite 202 Rogers, MN 55374 PROPOSED BUILDING PLANS 650 DOVER STREET Upon approval of the variance requests petitioners will contact the builder and obtain a building permit to start construction or the property. The main building will be appro�cimately 56' by 26'. The garage will be 20' by 20' or,20' x 25' if �llowed by the city. The house will be constructed out of cement block which will be waterproofed with poly wall up to the first floor wood joists to be placed at an elevation suf�'icient to meet the FEMA first floor standard of 824.5 feet. The remainder of the home will be constructed out of wood of sufficient size; grade, and quality to meet current building codes. The e�erior finish will be maintenance free ��inyl or aluminum siding except for the front of the home. Windows will be maintenance free vinyl or aluminum clad windows. Tne front of the home will be tinished with a wainscot of brick and cedax siding. See attached plan for interior specifications. The house will be built to keep in mind the characteristics of the lot. The home will be constructed as far forward on the lot as possible, to keep the house in line with other homes in the neighborhood, to prevent any trees from having to be cut and to prevent water from draining onto adjoining properties. Also, the garage will be put in the back of the house in order to keep the new,building as far away from other buildings as possible. Because a garage set back is S feet from the property line instead of 10 feet, petitioners have designed this house to offset the garage from the house so it can be closer to the East property line. This will allow the buildings to be as far as possible from the nearest adjacent building which is the garage located near the west rear property line. In addition, the sharing of a driveway between the two adjoining lot owners will be pursued in order to decrease the amount of driveway needed for both homeowners. Minn LJsc. # 4562 � � � 1�.2� o��.��..n�: � 's�,^�-