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05/21/2001 - 4708� � anroF Fwn��r FRIDLEY CITY COIINCIL MEETING ATTENDENCE SHEET Mo�.da y, Ma y 2 i, 2 0 0� � 7:30 P.M. PLEASE PRINT NAME, ADDRESS AND ITEM NUMBER YOU ARE INTERESTED IN .. _ ITEM PRINT NAME (CLEARLY) , ADDRESS NUMBER ___, , /; � / �. .� � --C.�<<__.. 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Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. `49ER DAYS PRESENTATION. PROCLAMATION: Public Works Week: May 20 —26, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of May 7, 2001 FRIDLEY CITY COUNCIL MEETING OF MAY 21. 2001 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: PAGE 2 1. Receive the Planning Commission Meeting Minutes of May 2, 2001 ..................................................................... 1- 8 - 2. Approve Construction Agreement between the City of New Brighton and the City of Fridley for the Reconstruction of Stinson Boulevard North of Mississippi Street ..................................................................................... 9- 11 3. Receive Bids and Award Contract for 2001 Street Improvement Project No. ST. 2001 — 1 ......................................................... 12 - 14 4. Resolution Authorizing Changes in Appropriations for the General Fund, Special Revenue Funds and _ Capital Improvement Fund for the Fourth Quarter - 0 000 .......................................................................................................... 15 18 , 5. Appointment to Human Resources Commission .......................................... 19 FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 6. Claims ........................................................................................................... 20 � 7. Licenses ..........................................................:............................................ 21 - 26 8. Estimates ...................................................................................................... 27 - 33 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda —15 minutes. _ NEW BUSINESS: A 9. Preliminary Plat Request, PS #01-02, by � ' George Bateson, to Allow Five Single Family Lots, Generally Located at Heather Place and Central Avenue (Ward 2) ....................................................................................................... 34 - 36 FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 NEW BUSINESS (CONTINUED): PAGE 4 10. Resolution to Vacate a 5-Foot Portion of an Existing Utility Easement and then Recreate a 20-Foot Utility Easement on Lots 5 and 6, ' Block 2, Innsbruck North 2"d Addition, - Generally Located at 5490 East Danube Road `� (SAV #01-04, by Forrest Harstad) (Ward 2) - ....................................................... 7 11. Informal Status Report ....................................................................................... 42 ADJOURN. . — � ��'�`.� }-- �� 5 -' � � - FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 �� � The City of Fridley will not discriminate against or hazass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or staxus 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 aiixiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. `49ER DAYS PRESENTATION. PROCLAMATION: Public Works Week: May 20 –26, 2001 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Receive Bids and Award Contract for 2001 Street improvement Project No. ST. 2001 –1 ...................................... 12-14 V�t ��� 4. Resolution Authorizing Changes in � Appropriations for the General Fund, Special Revenue Funds and Capital Improvement Fund for the Fourth Quarter of 2000 ........................................ 15 -18 APPROVAL OF PROPOSED CONSENT AGEND . � APPROVAL OF MINUTES: �,5� 5. Appointment to Human Resources Commission ................................ 19 City Council Meeting of May 7, 2001 6. Claims ......................................... 20 NEW BUSINESS: 1. Receive the Planning Commission Meeting Minutes of May 2, 2001 ... 1- 8 7. Licenses 2. Approve Construction Agreement between the 8. Estimates .............................. City of New Brighton and the City of Fridley for the Reconstruction of Stinson Boulevard North of Mississippi Street ................... 9- 11 .... 21 - 26 27 - 33 , j .. .. Fi2IDLEY CITY COUNCIL MEETING OF MAY 21, 2001 ADOPTION OF AGENDA. �(f��� �� �� /�� ���. �� ;�- ' ' � OPEN FORUM, VISITORS: Consideration of items not on Agenda -15 minutes. NEW BUSINESS: 9. Preliminary Plat Request, PS #01-02, by George Bateson, to Allow Five Single Family Lots, Generally Located at Heathe"r Place and Central Avenue (Ward 2) ................................... 34 - 36 , ��%� a�����'- � >/�.5 �5� 10. Resolution to Vacate a 5-Foot Portion of an Existing Utitity Easement and then Recreate a 20-Foot Utility Easement on Lots 5 and 6, Block 2, Innsbruck North 2"d Addition, Generally Located af 5490 East Danube Roa� (SaV #0 �-04, by Forrest Hars�ad) (Ward 2) ..................... ............. 37 - �"'" I� �.,'QPCU�e �S_ �� ^�•� v �1 4 11� � fSi-',.� � �%--- � � '� �o ( � i2� � �.(� 1�S � re t� �a�.(D P� 11. Informal Status Report ....................... 42 ADJOURN. �" `'J- L% .» �4 PAGE 2 - � - 0 PIIBbIG' N�O.R.If'!� �.�,�' Ms� 20 - 26, 200Y �c�s WHEREAS, public works services provided in our community are an integral part of the every day lives of our citizens; anc� WHEREAS, the support and understanding of City residents is vital to the efficient - operation of public works systems such as water, sewers, streets, highways, parks, public buildings, and snow removal; and, WHEREAS, the health, safety and comfort of this community greatly depends on these facilities and services; and, WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, maintenance, and construction are vitally dependent upon the efforts and skills of Public Works personnel; and, WHEREAS, the efficiency of the qual�ed and dedicated personnel who staff Public Works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THERE�'ORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, hereby proclaim May 20 through 26, 2001 as: PUBLIC WORKS WEEK in the City of Fridley, and call upon all citizens and civic organiaations to acquaint themselves with the problems involved in providing public works services, and to recognize the contributions Public Works Department personnel make every day to our health, safety, and comfort. . IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be affixed this 21 st day of May, 2001. - L� • Scott J. Lund, ayor � THE NIINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 7. 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 8:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. PROCLAMATIONS: Police R'eek: May 13-19, 2001 Mayor Lund stated that the U.S. Congress designated May 13 through 19 to acknowledge that law enforcement officers are our guardians of life and property and defenders of an individual's right-to be free. Fridley Police O�cer, Don Abbott, stated that he was honored to accept the proclamation on behalf of the police officers and thanked City Council. Mr. Abbott stated that a memorial candlelight service will be held at the State Capital on Law Enforcement Memorial Day, which is Tuesday, May 15. Teacher's Appreciation R'eek: May 7-Il, 2001 Mayor Lund stated that teachers lay the foundation for good citizenship and fill many roles as listeners, explorers, role models, and mentors. This proclamation would be presented to the teachers at the Fridley Middle School on May 8, at 8:00 a.m. _ ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: Councilmember Barnette. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Billings to approve the proposed consent agenda. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2001 PAGE 2 APPROVAL OF MINUTES: City Council Meeting of April 23, 2001. �- _" . � / 9 1 NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF APRIL 18, 2001: _RECEIVED. 2. SPECIAL USE PERMIT, SP #01-03, BY GREG ASPROTH, TO ALLOW THE EXPANSION OF A COMMERCIAL RECREATIONAL USE IN AN M-1, LIGHT INDUSTRIAL DISTRICT, GENERALLY LOCATED AT 7178 UNIVERSITY - AVENUE N.E. (WARD 3): Mr. Burns, City Manager, stated the petitioners wish to expand their building an additional 8,000 feet to allow additional pool tables and increase the kitchen area, dining area and pro shop. The Planning Commission approved the special use permit at its meeting on April 18 with six stipulations and staff recommended Council's approval. APPROVED SPECIAL USE PERMIT, SP #01-03 WITH THE FOLLOWING STIPULATIONS: (1) ALL PROPER PERMITS BE OBTAINED PRIOR TO START OF REMODELING; (2) NO JUVE1vILES SHALL BE ALLOWEIi IN THE FACILITY WITHOUT THEIR PARENTS BEYOND THE CURFEW TIME FOR THEIR AGE GROUP; (3) PETITIONER SHALL PROVIDE ADEQUATE ADULT STAFF AT ALL TIMES WITH AT LEAST TWO ADULTS ON STAFF FROM 6:00 P.M. TO CLOSING ON FRIDAYS AND SATURDAYS; (4) PETITIONER SHALL PATROL THE PARKING LOT AND REPORT SUSPICIOUS ACTIVITIES TO THE POLICE; (5) NO ALCOHOLIC BEVERAGES SHALL BE SERVED OR ALLOWED ON THE PREMISES; AND (6) THE DEVELOPMENT OWNER SHALL NOTIFY THE CITY OF FUTURE ADDITIONS/EXPANSIONS OF VACANT BUILDING SPACE AND SHALL ACCEPT LIMITATIONS ON OCCUPANCY OF REMAINING VACANT SPACE SHOULD PARKING SHORTAGES RESULT. 3. SPECIAL USE PERMIT, SP #01-04, BY MAN YE LEWANDOWSKI, KING CLUB RESTAURANT, TO ALLOW A BAR IN A C-3, GENERAL SHOPPING DISTRICT, GENERALLY LOCATED AT 1051 EAST MOORE LAKE DRIVE (MOORE LAKE PLAZA)(WARD 2): Mr. Burns, City Manager, stated that the Planning Commission approved the special use permit with three stipulations and staff recommended Council's approval. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2001 PAGE 3 APPROVED SPECIAL USE PERNIIT, SP #O1-04 WITH THE FOLLOWING STIPULATIONS: (1) ALL PROPER PERMITS SHALL BE OBTAINED PRIOR TO START OF REMODELING; (2) PETITIONER SHALL OBTAIN ALL NECESSARY SIGN PERNIITS PRIOR TO INSTALLATION; AND (3) PETITIONER SHALL ABIDE BY ALL CITY LIQUOR LICENSING REQUIREMENTS. 4. VARIANCE, VAR #01-07, BY RICK BAKER, MEDT'RO1vIC, INC., TO REDUCE THE PARKING DRIVE AISLE WIDTH FOR TWO-WAY TRAFFIC FROM 25 FEET TO 24 FEET, AND TO REDUCE THE LENGTH OF A PARKING STALL WITHOUT OVERHANG FROM 20 FEET TO 18 FEET, TO ALLOW ADDITIONAL PARKING SPACES, GENERALLY LOCATED AT 7000 CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, stated that this request applies to the Rice Creek campus. The variances are for parking lot expansion located at Norton Creek. They were unanimously approved by the Appeals Commission with three stipulations. Staff recommended Council's approval. APPROVED VARIANCE, VAR #01-07, WITH THE FOLLOWING THREE STIPULATIONS: �1) MEDTRONIC, INC., EMPLOYEES SHALL CEASE PARKING ON 69T AVENUE; (2) NEW PARKING LOT TO BE PAVED AND CURBED TO CITY STANDARDS; AND (3) NEW PARKING AREA TO BE LANDSCAPED IN ACCORDANCE WITH CITY CODES. �. RESOLUTION NO. 23-2001 AMENDING THE HOLTSING REPLACEMENT DISTRICT PLAN FOR HOUSING REPLACEMENT DISTRICT NO. 1 TO INCLUDE PHASE III: Mr. Burns, City Manager, stated that under the special State legislation enacted in 1995, Fridley, along with St. Paul and Minneapolis, is allowed to recover the cost of the -- - Scattered Site Housing Program by including the parcels in the TIF District. Thus far, twelve parcels have been identified as being in this TIF District. Staff is requesting approval for six more pazcels. The parcels will be sold and developed during the next few months. This was approved by HRA at its May 3 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 23-2001. 6. RESOLUTION NO. 24-2001 DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR 5100 INDUSTRIAL BOULEVARD, IMPROVEMENT PROJECT NO. ST. 1989 - 1& 2: Mr. Burns, City Manager, stated that this is the third assessment for that particular street improvement project, and staff recommended that there be an assessment at a rate of 6.5 percent for ten years. FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2001 PAGE 4 ADOPTED RESOLUTION NO. 24-200L 7. RESOLUTION NO. 25-2001 DIRECTING PUBLICATION OF THE HEARING ON THE PROPOSED ASSESSMENT FOR 5100 INDUSTRIAL BOULEVARD, DEFERRED IMPROVEMENT PROJECT NO. ST. 1989 -1& 2: Mr. Burns, City Manager, stated that the public hearing on this item would be on June 4, 2001. ADOPTED RESOLUTION NO. 25-2001. 8. ESTABLISH A PUBLIC HEARING FOR JUNE 4, 2001, TO CONSIDER AN ORDINANCE AMENDING SECTION 6.06. CONTRACTS, HOW LET, AND CHAPTER 8, PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, OF THE FRIDLEY CITY CHARTER: Mr. Burns, City Manager, stated that the amendment related to contracts and bidding funds. At the April 30 meeting, the Charter Commission voted to amend portions of Chapter 6 and 8 after more than a year of study. The only substantive change would raise the amount required to obtain bids from $10,000 to $50,000 to bring it consistent with State law. The other changes are changes in wording. Staff recommended Council establish Monday, June 4, as the public hearing date to consider these amendments to the Charter. ESTABLISHED A PUBLIC HEARING FOR JUNE 4, 2001. 9. ESTABLISH A PUBLIC HEARING FOR JUNE 4, 2001, TO CONSIDER A PROPOSED INTOXICATING LIQUOR LICENSE FOR THE MAIN EVENT RESTAURANT, GENERALLY LOCATED AT 7820 UNIVERSITY AVENUE N.E.. Mr. Burns, City Manager, stated that staff is recommending that a public hearing be established for June 4, 2001, to consider a proposed intoxicating liquor license for the Main Event restaurant. ESTABLISHED A PUBLIC HEARING FOR JUNE 4, 2001. 10. APPOINTMENT - CITY EMPLOYEE: Mr. Burns, City Manager, stated that staff is recommending the appointment of Stephanie Hanson to replace Stacy Bulthuis as the City's Planning and Code Enforcement Officer effective May 16. Stephanie has a degree in Natural Resources and Environmental Studies with an emphasis in land use planning, policy, and law. APPOINTED STEPHANIE HANSON AS CODE ENFORCEMENT OFFICER. � FRIDLEY CITY COUNCIL MEETING OF MAY 7, 2001 PAGE 5 11. CLAIMS: APPROVED PAYMENT OF CLAIM NUMBERS 99181 through 99380. 12. LICENSES: APPROVED ALL LICENSES AS SUBNIITTED AND AS ON FILE IN THE LICENSE CLERK'S OFFICE. 13. ESTIMATES: Frederic W. Knaak, Esq. Holstad and Knaak, P.L.C. 1690 Minnesota World Trade Center 30 East Seventh Street St. Paul, MN 55101 Services Rendered as City Attorney for the Month of April, 2001 $ 5,000.00 Ron Kassa Construction 6005 - 250th Street East Elko, MN 55020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 Estimate No. 1 $ 9,854.79 ADOPTION OF AGENDA: MOTION by Councilmember Billings to adopt the agenda as presented. Seconded by Councilmember Bolkcom. - UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAI�TIMOUSLY. OPEN FORUM: No one from the audience spoke. - NEW BUSINESS: 14. INFORMAL STATUS REPORT: Councilmember Bolkcom thanked the Housing and Redevelopment Authority and the Parks and Recreation Commission for discussing survey answers with Council. The dedication at FRIDLEY CITY COUNCIL MEETING OF MAY 7. 2001 PAGE 6 Medtronic's last Monday night honored a very beautiful building and she is proud that the City of Fridley has acquired the World Headquarters for Medtronics. The planning staff, Mr. Hickok, Ms. Dacy, and the HRA should be given a lot of credit for making this happen. She also thanked City staff for the work that was done in the Riverview Heights neighborhood for the necessary improvements. Mayor Lund stated that he would like to invite the Council and neighbors around the Islamic Center to a picnic the Islamic Center is sponsoring on Sunday, May 20. �:\ I���li '1.�►� MOTION by Councilmember Wolfe to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY 7, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:47 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary Scott J. Lund Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 2, 2001 CALL TO ORDER: Chairperson Savage called the May 2, 2001, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Barbara Johns, Dean Saba, Dave Kondrick, Leroy Oquist, Larry Kuechle Members Absent: Connie Modig Others Present: Paul Bolin, Planning Coordinator Norm Schultz, 5535 West Danube Road " Lesia Zownirowycz, 5527 East Danube Road Pat Koethe, 5501 West Danube Road Cory Lomen, 5501 West Danube Road David Blank, 5544 East Danube Road Ann Ulrich, 5505 West Danube Road Jean Smith, 5584 East Danube Road Jan and Bryan Steppe, 5528 West Danube Road Gayle Peterson, 5495 West Danube Road Karl Breitbarth, 5477 East Danube Road Rick & Gretchen Schroedec, 5497 East Danube Road Patricia Freeburg, 5557 East Danube Road Rick Nye, 5477 East Danube Road Sue Williams, 5568 West Danube Road APPROVE THE APRIL 18 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Mr. Oquist, seconded by Mr. Kondrick, to approve the April 18, 2001, Planning Commission meeting minutes as presented. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Consideration of a Preliminary Plat, PS #01-02, by George Bateson, to allow five single family lots, generally located at Heather Place and Central Avenue: MOTION by Mr. Kondrick to open the public hearing. Seconded by Mr. Saba. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:32 P.M. Mr. Bolin stated that the petitioners are George and Anne Bateson and Dennis and Mary Pietrini. The petitioners are seeking to replat the Heather Hills North Addition into five lots in order to construct five single family homes. The petitioner had originally platted the Heather 1 PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 2 Hills North property into four single family home lots in 1999. City Code required that lots in the R-1 District be a minimum of 75 feet in width with a minimum total lot area of 9,000 square feet. The proposed replat of this addition has lots ranging in width from 76 feet to 184 feet in width and an area from just under 15,000 square feet to over 26,000 square feet in size. The home that is currently under construction in this area by Kootenia Builders will meet all the setback requirements if the plat request is approved. Staff recommends approval with stipulations. Mr. Kondrick asked if any neighbors had any complaints. Mr. Bolin stated that only one neighboring property to the north needed clarification of the notice. The petitioner, George Bateson, stated that their mission is to develop Heather Hills North in a fashion consistent with the quality and character of Heather Hills. They are changing strategy only with five lots. Their commitment to the mission is demonstrated by the fact that they are committed to building a parade of homes for the fall. Ms. Savage asked if he had any problem with the stipulations. Mr. Bateson stated he did not have problems. The drainage plan, the lot line, and grading and has not changed, nor have the contours or the drainage. MOTION by Ms. Johns to close the public hearing. Seconded by Mr. Oquist. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 7:39 P.M. Mr. Kondrick stated that he has no problems with this. Ms. Savage and Ms. Johns also agreed. MOTION by Mr. Kuechle, seconded by Mr. Saba, to recommend approval of PS #01-02 with the following stipulations: 1. The grading and drainage plan shall be approved by the City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. The petitioner shall provide easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. The petitioner shall pay required park dedication fees prior to issuance of building permits. 5. The petitioner shall pay all water and sewer connection fees. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Bolin stated that this request will go to Council on May 21. � PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 3 2. PUBLIC HEARING: Consideration of a Vacation, SAV #01-04, by Forrest Harstad, for the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement generally located at 5490 East Danube Road. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:39 P.M. Mr. Bolin stated that Mr. Harstad, the property owner, is seeking to vacate a five foot portion along the northerly edge of the existing utility easement and then grant an additional five feet of utility easement to that southerly edge of the existing utility easement. There is a storm sewer pipe going through the property, and it is only 3-4 feet from the southerly edge of the easement right now. By vacating the five feet on the northern edge and rededicating it on the southern edge, the pipe will be centered within the easement and it will make it easier for the City to get in and do any work on the pipe in the future. Only the easement is moving, not the pipe. Staff recommends approval, because the current storm pipe is not centered within the existing easement and the new easement provides the City with the room necessary to access the pipe for maintenance. Mr. Kondrick asked if this the vacation makes it easier for the City. Mr. Bolin stated, yes, because they would not be forced to go over part of the petitioner's yard, causing possible issues with the restoration of property. ThP petitioner, Forrest Harstad, stated that Mr. Bolin did an excellent job of explaining this request. Mr. Kondrick asked if there were any problems with the stipulations. Mr. Harstad stated he did not have any problems and understands that this is part of the legality of the process. Mr. Rick Schroeder, 5497 East Danube Road, stated his property is right across the street from this property. He stated it is apparent that this hearing does not pertain to the total scope of the project, but it is evident that the neighborhood feels that there are many concerns. This project has come before the City Council and has been denied due to watershed issues. That is a significant issue that should be considered in view of the recent history in Minnesota with changes in the water table and general concerns of flooding. Mr. Bolin stated there have been past proposals, with the most recent proposal of building a home on each lot and filling in part of the wetlands with a replacement plan. Because of these past requests, in 1995, the City came up with steps that the developer would have to meet to build on this lot. That involved conducting a hydrologic and soil studies and combining finro lots into one lot. The petitioner has met all these requirements. Mr. Oquist stated that the issue before us is strictly the vacation request. 3 PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 4 Ms. Savage stated the neighborhood has a right to understand the issues. The petitioner has met the requirements, but there has been no finding that there would be an adverse effect on the environment. Mr. Schroeder asked who the hydrologist was. Mr. Bolin stated the petitioner chose, Ted Mattke, the hydrologist. Mr. Schroeder stated they have had two floods in the last few years, and the hydrologist survey was conducted in one of the drier year. Is this legitimate for an assessment? Mr. Bolin stated this past year has been different than most. The hydrologist is a registered engineer and has a Ph.D. in hydrology. Ms. Patricia Freeburg, 5557 East Danube, stated that she is concerned with the hydrology report. You can always find an expert who will agree with what you want to do. She would love to see an impartial person conduct a current report. Who is this person and what is his/her expertise? Mr. Bolin stated the man's name is Ted Mattke, and he is self employed. The City has not used him for other things but has reviewed his work on other projects. Ms. Freeburg asked if this issue could be considered more at another time pertaining to the drainage and water issues. She is concerned about the manner of soil borings that were taken that seemed to only have been taken from the surface of the dumpings on the lot. Ms. Savage stated those concerns could be addressed with the City Council. The next step then would be legal action if so desired. Mr. Schroeder asked if the local watershed district is involved at all. Mr. Bolin stated he did not believe the watershed district is involved. Mr. Schroeder stated the property backs up to a pond that he believes is considered a wetland area. Mr. Kondrick stated that one of the prerequisites to building is that you cannot have any more water running off your property than there currently is. These concerns will be presented to the City Council who will consider all these issues and there will be a chance for comments at the City Council meeting. They should have some good answers by then. Ms. Ann Ulrich, 5505 West Danube Road, asked why they are discussing the easement movement prior to a house plan being presented for approval? Why is the easement being moved? Mr. Kuechle stated that moving an easement makes it easier for the City to work on it if need be. That is the whole purpose of the easement--to have the legal right to go in and repair without having to ask permission of the property owner first. Ms. Ulrich asked if the City is saying there is potential for work on the easement here. �' PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 5 Mr. Bolin stated, no, it is for work in the event that a pipe collapses. Ms. Ulrich asked why they are looking at this before a house is constructed. Mr. Bolin stated that the petitioner wanted it moved in the event that a house is built on the site. It gives the Ciry more room to get in there if they need to, and it also gives the developer more flexibility for positioning the house. Ms. Ulrich asked if this could be dealt with when the house is approved to be built. Ms. Johns stated this is only a paper issue right now. Mr. Botin stated there is no cost to the City involved with this. It is not related to the building permit. There are a number of ways the petitioner could build on this property without this easement being moved. Mr. Peterson, 5495 West Danube Road, stated that he wanted to present some pictures of the neighborhood in the back of the pond that exists. The pictures also depict the construction site. The existing easement for the drainage ditch probably would not hold a building there even if it is moved. The back of the property drops right into the existing water. Any building will disturb the water to some degree. He objects to moving the easement and creating a different way to put that house in that spot. Karl Breitbarth, 5477 East Danube Road, stated he is concerned about the drainage issues, and he wants the house to sit on the lot in a manner consistent with the rest of the neighborhood. Moving the easement allows the house to sit in a way that would not look right in the neighborhood. Right now, they have a nice neighborhood with distinct types of homes that are set back the same. Ms. Savage asked if Mr. Breitbarth was opposed to building any home there. Mr. Breitbarth stated that would be nice; but if there is, he would like it set back appropriately on the lot. Mr. Norm Schultz, 5535 West Danube Road, stated that the pond and the drainage system is connected to other ponds in the area. This year water is encroaching on all of them with their sump pumps running constantly. If there is some disturbance to the land in question and runoff is not taken into consideration, or how the building is built, there could be some severe problems to the rest of the neighborhood. Ms. Sue Williams, 5568 West Danube Road, stated her property is on the lowest level on the pond that drains into the pond by the Harstad property. The water was within six inches of coming into our basement. The drain pipe did not work, and the City had to flush it. It must be plugged somehow. The engineers do not always know what they are talking about, and she does not trust the engineers to know that the pond he wants to build on will hold enough water for the levels that are coming up. If a house is built, how could they accommodate more water'? They were told by the Harstad family that a lot of these lots were unbuildable. A home was built on every lot except this last one. There is no justice in this world. This is the third time the neighbors have had to come back on the same issue. How many times do they have to waste their time stopping this man from doing something he should not have done. He promised the � PLANNING COMMISSION MEETING, MAY 2, 2001 ____ ___ PAGE 6 citizens he would never do this in the first place. If she has a flooded basement, the City should pay for it. Ms. Lesia Zownirowycz, 5527 East Danube Road, stated she viewed the plans for the structure Mr. Harstad is proposing to build on two combined lots. If the neighborhood would like to purchase the property, it would cost $300,000. Why is the City of Fridley combining these two lots with one lot that is considered totally unbuildable? Mr. Harstad is planning a house with a four-car garage. According to the assessment office, Lot 6 is currently valued at $1,000, because it is considered unbuildable. Why are these lots able to be combined? She would recommend that these lots remain as single lots. Mr. Harstad should be required to build a home that is compatible with surrounding structures. She asked the Commission to table this issue and then drive by this neighborhood to view these two lots. The neighbors are proud to live in these homes. Mr. Harstad's comments that he will build the biggest and best house on these lots truly concerns the neighbors. They are proud of this neighborhood and would like to continue this tradition. She has lived here for 16 years. Ms. Savage stated the Commission members have driven by to look at these lots and the neighborhood, and they all agree that these are beautiful homes. Could Staff address the one issue of combining of two lots? Mr. Bolin stated combining the two lots leaves no question that the second lot is unbuildable by combining it with this property. The builder can only get one home rather than possibly a second one down the road. Many of these unbuildable lots become tax forfeit and become a burden for the Ciry because the City has to maintain them. Mr. Rick Nye, 5477 East Danube Road, stated he has a petition of everyone in the neighborhood asking the City to give this more consideration because of the impact to their homes with the watershed. The lots have been dumped on. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the neighborhood petition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Ulrich asked who would be responsible for these watershed issues if the house was built and who should they contact? Ms. Savage stated that the best thing may be to attend the City Council meeting or contact the City for more information. Ms. Ulrich stated that two days ago a former owner of her house who lived there for 20 years came to visit them. This former neighbor implored her and her husband to go forward with these concerns. He walked her through the yards where it has been proven where the water � would flood the homes. Mr. Harstad told her that he would bring fill in onto this property to build this home. He would not put fill in the pond but would need to fill the lot. The land caves down after the property line so possibly retaining walls would need to be put up. That, however, would affect the natural runoff of water into the pond and force it into the ground that would affect the water table. Mr. David Blank, 5544 East Danube Road, stated that the Springbrook Nature Center is drowning, and it is due to the development around there. Each time a building is built, the � PLANNING COMMISSION MEETING, MAY 2, 2001 ___ PAGE 7 ground cannot take the water that runs off the roofs. That wiil cause more problems. The new home that Mr. Harstad intends to live in will not have water in the basement, because he is not building a basement under that home. He himself has remodeled his lower level and will be very unhappy because of the building on that lot. Mr. Schroeder stated that this is a contentious issue, and it is reasonable to consider other people's opinions other than the hydrologists. Ms. Janet Steppe, 5528 West Danube Road, stated that the pond behind her house fills to the top level, and she is concerned that this will severely affect the water drainage. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:24 P.M. Ms. Savage thanked the residents for coming, and this discussion will be on record for the Council meeting for May 21. Mr. Kondrick stated that it is nice to be aware of all the issues this evening, but this will be considered further as the building permit is requested. He does not have any issues with the vacation request. Mr. Saba stated he does not either. If he did live in that neighborhood. he would be voicing these same concerns. Ms. Johns stated that she does not have a problem with the easement issue. It is probably a good move as far as the City is concerned for maintenance of the pipe. The water concerns will be listened to by the Council. Any water coming into anybody's home is a concern for any neighborhood. Mr. Oquist also agreed. He suggested that the neighbors contact Councilmember Wolfe with the concerns so he can be prepared. Will there be any special use permits or variances for building on the property? Mr. Bolin stated that it would go straight to building permit. Mr. Oquist stated that the house may be built too close to the street and not in line with the rest of the properties. They have to have a certain setback from the street. Mr. Bolin stated the house is required to be set back 25 feet from the street. Mr. Kuechle agreed with approval of the vacation. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of vacation request, SAV #01-04, with the following stipulation: 1. The petitioner shall not construct any buildings or other permanent improvements over the easernent area. 7 PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 8 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE MAY 2, 2001, PLANNING COMMISSION ADJOURNED AT 8:29 P.M. Re ectfully submitted, _ , � ��� Signe� . Johnso Recording Secretary : � � CI7Y OF FRIDLEY TO: FROM: DATE: - AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 William W. Burns, Ci Mana er AY � tY g � ��" Jon H. Haukaas, Public Works Director May 21, 2001 SUBJECT: Stinson Boulevard Reconstruction by New Brighton PWO 1-045 Attached is the Construction Agreement from New Brighton for the reconstruction of Stinson Boulevard north of Mississippi Street as part of their 2001 street improvement project. The contract was awarded to Midwest Asphalt Corporation by the New Brighton City Council on Tuesday, May 8, 2001. Based on the bids received, the concrete curb and gutter assessment will be $13.94 per foot as opposed to the estimated $15.00 per foot discussed in the assessment hearing. The City of Fridley's portion of the construction cost, based on the bid prices and estimated quantities, is $45,747.00. Recommend the City Council approve the attached Construction Agreement for the reconstruction of Stinson Boulevard by the City of New Brighton. JHH:cz Attachment 0 � CONSTRUCTION AGREEMENT TO RECONSTRUCT STINSON BOULEVARD FROM RICE CREEK ROAD TO RICE CREEK TERRACE (66-1/2 AVENUE NE). RECONSTRUCTION INCLUDES BUT IS NOT LIMITED TO THE REMOVAL OF THE EXISTING BITUMINOUS SURFACING, INSTALLATION OF CONCRETE CURB AND GUTTER, INSTALLATION OF STORM SEWER, AND THE INSTALLATION OF NEW AGGREGATE BASE AND BITUMINOUS SURFACING. This Agreement, made and entered into this day of , 2001, by and between the City of New Brighton, a body incorporated under the laws of State of Minnesota, herein after referred to as "New Brighton", and the City of Fridley, a body incorporated under the laws of the State Qf Minnesota, hereinafter referred to as "Fridley". WIT'NESSETH: WHEREAS, it is considered mutually desirable to jointly reconstruct the corporate limit street of Stinson Boulevard between Rice Creek Road and Rice Creek Terrace (66-1/2 Avenue NE); and WHEREAS, both parties have expressed willingness to participate in the project costs required to accomplish this construction; and NOW, THEREFORE, it is hereby agreed: The Cities have jointed together for the purpose of reconstructing Stinson Boulevard. New Brighton shall provide all engineering services and shall cause the construction of New Brighton Project O1-1, Street Reconstruction in conformance with said plans and specifications. The letting of the bids and the acceptance of all bid proposals shall be done by New Brighton, unless otherwise stipulated by joint resolution. The contract costs of the work shall constitute the actual "construction costs" and shall be so referred to herein. "Estimated costs" are good faith projections of the costs will be incurred for this project. Fridley shall pay 100% of the street reconstruction accomplished in their respective area. The final cost shall be established based on actual quantities in-place multiplied by the contract unit price bid. The estimated costs are: Street Reconstruction $ 24,812 Concrete Curb and Gutter $ 14,603 Storm Sewer 6 332 Total Estimated Construction Costs $ 45,747 Page 1 of 2 10 2. Fridley shall pay New Brighton the actual cost for engineering services provided, however, that said amount shall not exceed 8% of Fridley's share of the actual construction costs. The estimated costs for engineering services is $3,622. 3. Fridley's total estimated project cost is $49,369. Upon execution of this agreement, Fridley shall reimburse New Brighton 90% of the total estimated project costs as listed above. Upon final completion, acceptance, and approval of the project, Fridley shall pay New Brighton the actual eonstruction cost according to the contract notwithstanding previous payments herein. Fridley and New Brighton mutually agree to indemnify and hold harmless each other from any claim, loses, costs, expenses, or damages resulting from the acts or omissions of the respective officer, agents, or employees relating to activities conducted by either party under this Agreement, provided, however that nothing herein shall be deemed a waiver by either party of the limitation on liability set forth in Minnesota Statutes Chapter 466. It is understood and agreed that the entire agreement of the parties is contained herein and this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter thereof, as well as any previous agreement presently in effect between the parties relating to the subject matter thereof. Any alterations, variations, or modifications of the provisions of this Agreement shall be valid only when they have been reduced to writing and duly signed by the parties herein. CITY OF FRIDLEY CITY OF NEW BRIGHTON Mayor Date Date Mayor Date Date City Manager Page 2 of 2 11 City Manager � � QTY OF FRIDLEY TO: FROM: AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 William W. Burns, Ciry Manager ��� Jon .�s, Public Works Director DATE: _ May 21, 2001 SUBJECT: Award of 2001 Street Project On Thursday, May Improvement Project. bids were received. PWO1-042 10, 2001, at 20:00 a.m. bids were opened for the 2001 Street Twenry-four sets of plans and specifications were sent out and seven The low bid was received from Dave Perkins Contracting, Inc. of Ramsey, MN. The base bid was $816,616 plus $56,840 for Alternate No. 1 to loop the watermain between Hillcrest Drive and Ferndale Ave. The bid versus budget breaks down as follows: Street Improvements Watermain Replacement Storm Sewer Improvements Sanitary Sewer Repairs Budg,et $500,000 210,000 0 0 :. $509,559 315,467 26,100 12,325 Approximately $337,000 will be available from the City's annual State Aid population allocation for of� system use to offset the street improvement costs. Recommend the Ciry Council receive the bids and award the 2001 Street Improvement Project No. ST. 2001 - 1, including Alternate No. 1, to Dave Perkins Contracting, Inc. in the amount of $873,456. JHH:cz Attachments 12 � B[D FOR PROPOSALS 2001 STREET IMPROVEMENT PROJECT NO. ST. 2001-1 TFI[JRSDAY, MAY 10,2001,10:00 A.M. ALTERNATE PLANHOLDER BID BOND Bm BID TOTAL Bm Dave Perkins Contracting Inc American Inst S 816,616.00 S 56,840.00 S 873,456.00 14230 Basalt Street NW Architect Ramsey MN 55303 Hardrives, Inc. American Inst S 825,824.42 � 63,673.00 S 889,498.22 14475 Quiram Drive Architect Rogers MN 55374 North Valley, Inc. United Fire & � 863,011.71 � 64,966.25 S 927,977.96 4105 85th Ave N Casualty Brooklyn Pazk MN 55443 W. B. Miller American Inst � 874,898.20 S 58,401.00 S 933,299.20 6701 Norris Lake Rd NW Architect Elk River MN 55330 Palda & Sons Inc American Casualty S 885,121.88 S 63,755.OU S 948,876.88 1462 Dayton Ave of Reading St Paul MN 55104 C.S. McCrossan Construction, Inc. St Paul Surety S 919,973.44 S 57,615.00 S 977,588.94 7865 Jefferson Highway Maple Grove MN 553ll Midwest Asphalt Corp American Inst. S 935,594.15 S 64,402.25 $ 999,996.40 P O Box 5477 Architect Hopkins MN 55343 American Cast Iron Pipe Co. NO BID Customer Service Dept 1501 31 st Ave N -— Birmingham AL 35207 Brown & Cris, Inc. NO Bm 19740 Kenrick Ave Lakeville MN 55044 Construction Market Data NO Bm 9443 Science Center Dr New Hope MN 55428 Davies Northern NO BID DMJ Corporation NO BID 2392 Pioneer Trail Medina MN 55304 13 ALTERNATE PLANHOLDER BID BOND BID BID TOTAL BID EJM Pipe Services, Inc. NO BID 7807 Lake Drive Lino Lakes MN 550141135 Elk River Concrete Products NO BID 6550 Wedgewood Road Maple Grove, NIN 55311 Forest Lake Contracting, Inc. NO BID 14777 Lake Drive Forest Lake MN 55025 Knife Lake Concrete NO BID 2026 Rowland Road Mora MN 55051 Kober Excavating, Inc. NO BID 16112 Jarvis Street NW Elk River MN 55330 Midstate Reclamation Inc. NO BID 21955 Crrenada Ave Lakeville MN 55128 Midwest Concrete Specialties Inc NO BID 16347 380 Street Montgomery MN 56069 Minnesota Fipe & Equipment NO BID 5145 211 th Street V1/ Farmington MN 55024 Northdale Construction NO BID _ 14450 Northdale Bivd Rogers MN 55374 . Thomas & Sons Inc NO BID 13925 Northdale Blvd Rogers NIN 55374-0303 US Filter NO BID 15801 West 78th Street Eden Prairie MN 55344 Warning Lites of MN Inc NO BID 4700 Lyndale Ave N Minneapolis MN 55430 14 � � 47Y OF FRIDLEY TO; FROM: SUBJECT: DATE: AGENDA ITEM COUNCIL MEETING OF MAY 21, 2001 WII.LIAM W. BURNS, CITY MANAGER ��� � , RICHARD D. PRIBYL, FINANCE DIRECTOR � ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR MODIFICATIONS TO THE 2000 BUDGET MAY 15, 2001 Attached you will fmd a resolution amending appropriations to the 2000 budget in accordance with the City Charter. This resolution serves two purposes; (1) for compliance with the charter and (2) for compliance with the requirements of the Comprehensive Annual Financial Report for submission to the GFOA Award Program. The bracketed numbers represent under spent budget areas that are being moved to areas that require additional budget authority. The net impact to the General Fund is zero. In the Special Revenue Funds, modifications are being made based on the actual activity that took place during the year 2000. EDP/adf Attachment 0 15 RESOLUTION NO. — 2001 A RESOLUTION AUTHORIZING CHANGES IN APPROPRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL IlVIPROVEMENT FUND FOR THE FOURTH QUARTER OF 2000. WHEREAS, the City of Fridley has involved itself in initiarives that provide for future charges and modifications that will allow for a better delivery of services, and WHEREAS, the City of Fridley had not incorporated these and other necessary changes into the adopted budget for 2000. NOW, THEREFORE, BE IT RESOLVED that the General Fund, Special Revenue Funds and Capital Improvement Fund budgets for the following divisions be amended as follows: GENERAL FUND APPROPRIATION ADJUSTMENTS CITY MANAGER ELECTIONS LEGAL ACCOUNTING ASSESSING MIS CITY CLERK POLICE FIRE RENTAL INSPECTIONS MUN.CENTER P.WORKS/ENGINEERING P.WORKS/PARKS P.WORKS/STREETS NATURE CTR PERSONALSERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONALSERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES PERSONAL SERVICES SUPPLIESlCHARGES PERSONAL SERVICES PERSONAL SERVICES SUPPLIES/CHARGES PERSONALSERVICES SUPPLIES/CHARGES CAPITAL OUTLAY PERSONAL SERVICES SUPPLIES/CHARGES CAPITAL OUTLAY 16 10,251 ELIMINATE NEGATIVE VARIANCE (8,452) ELIMINATE NEGATIVE VARIANCE 2,306 ELIMINATE NEGATIVE VARIANCE (884) ELIMINATE NEGATIVE VARIANCE (2,677) ELIMINATE NEGATIVE VARIANCE (23,210) ELIMINATE NEGATIVE VARIANCE 2,418 ELIMINATE NEGATIVE VARIANCE 473 ELIMINATE NEGATIVE VARIANCE (20,000) ELIMINATE NEGATIVE VARIANCE (1,053) ELIMINATE NEGATIVE VARIANCE 1,053 ELIMINATE NEGATIVE VARIANCE 18,047 ELIMINATE NEGATIVE VARIANCE 31,595 ELIMINATE NEGATIVE VARIANCE 16,154 ELIMINATE NEGATIVE VARIANCE 3,451 ELIMINATE NEGATIVE VARIANCE (23,000) ELIMINATE NEGATIVE VARIANCE (13,461) ELIMINATE NEGATIVE VARIANCE 22,070 ELIMINATE NEGATIVE VARIANCE (15,000) ELIMINATE NEGATIVE VARIANCE (20,689) ELIMINATE NEGATIVE VARIANCE 20,689 ELIMINATE NEGATIVE VARIANCE (25,912) ELIMINATE NEGATIVE VARIANCE 32,521 ELIMINATE NEGATIVE VARIANCE (6,609) ELIMINATE NEGATIVE VARtANCE 5,104 ELIMINATE NEGATIVE VARIANCE 1,621 ELIMINATE NEGATIVE VARIANCE (1,375) ELIMINATE NEGATIVE VARIANCE � � � . . INSPECTION PLANNtNG NONDEPARTMENTAL EMERGENCY RESERVE PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES PERSONAL SERVICES SUPPLIES/CHARGES TOTAL APPROPRIATION ADJUSTMENTS SPECIAL REVENUE FUNDS GRANT MANAGEMENT FUND REVENUE ADJUSTMENTS INTERGOVERNMENTAL APPROPRIATION ADJUSTMENTS PERSONAL SERVICES SUPPLIES/CHARGES TOTAL APPROPRIATION ADJUSTMENTS 13,334 ELIMINATE NEGATIVE VARIANCE (13,334) ELIMINATE NEGATIVE VARIANCE (9,316) ELIMINATE NEGATIVE VARIANCE 17,553 ELIMINATE NEGATIVE VARIANCE 1,080 ELIMINATE NEGATIVE VARIANCE (1,080) ELIMINATE NEGATIVE VARIANCE (13,6g81 ELIMINATE NEGATIVE VARIANCE SO � 5400,262 ELIMINATE NEGATIVE VARIANCE � 176,016 EL�MINATE NEGATIVE VARIANCE 224,246 ELIMINATE NEGATIVE VARIANCE 3400,262 HRA REIMBURSEMENT FUND REVENUE ADJUSTMENTS INTERGOVERNMENTAL 513,740 UNBUDGETED ACTIVITY � APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES 513,740 UNBUDGETED ACTIVITY SOLID WASTE ABATEMENT FUND REVENUE ADJUSTMENTS CHARGES FOR SERVICES 512,164 ELIMINATE NEGATIVE VARIANCE � APPROPRIATION ADJUSTMENTS PERSONAL SERVICES SUPPLIES/CHARGES DRUG/GAMBLING FORFEITURE FUND REVENUE ADJUSTMENTS FINES AND FORFEITS APPROPRIATION ADJUSTMENTS SUPPLIES/CHARGES CAPITAL OUTLAY TOTAL APPROPRIATION ADJUSTMENTS CHEMICAL ASSESS. TEAM FUND REVENUE ADJUSTMENTS INTERGOVERNMENTAL APPROPRIATION ADJUSTMENTS PERSONAL SERVICES SUPPLIES/CHARGES TOTAL APPROPRIATION ADJUSTMENTS F.C.C. DONATIONS FUND REVENUE ADJUSTMENTS DONATIONS (5,949) ELIMINATE NEGATIVE VARIANCE 18,113 ELIMINATE NEGATIVE VARIANCE 512,164 � 515,937 UNBUDGETED ACTIVITY � 11,832 UNBUDGETED ACTIVITY 4,105 UNBUDGETED ACTIVITY 515,937 E38,945 UNBUDGETED ACTIVITY UNBUDGETED ACTIVITY 28,956 UNBUDGETED ACTIVITY 538,945 4,777 UNBUDGETED ACTIVITY � 17 APPROPRIATION ADJUSTMENTS CAPITAL OUTLAY UNBUDGETED ACTIVITY � CAPITAL PROJECT FUNDS � • - •PI�[�i3�Lt�� REVENUE ADJUSTMENTS INTERGOVERNMENTAL 158,398 STATE GRANTS AND AIDS � _ STREETS SUPPLIES/CHARGES 9,422 ELIMINATE NEGATIVE VARIANCE CAPITAL OUTLAY (531,024) TRANSFERS TO FUNDS 557 and 559 OTHER FINANCING USES 680,000 TRANSFERS TO FUNDS 557 and 559 TOTAL APPROPRIATION ADJUSTMENTS 5158,398 PASSED AND ADOPTED BY TI� CITY COUNCIL OF THE CITY OF FRIDLEY THIS TH DAY OF , 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LUND - MAYOR P. C� � � anr oF �io«r AGENDA ITEM COUNCIL MEETING OF MAY 21, 2001 APPOINTMENT TO COMMISSION Human Resources Commission Carter Hendricks Term Expires: 4/01 /04 19 �� FRIDLEY AGENDA ITEM COUNCIL MEETING OF MAY 21, 2001 CLAIMS 99381 - 99638 20 cmr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 Type of License: � TREE REiVIOVAL AND TREATMENT Eagle Tree Service, Inc 6289 Louisiana Ave N Brooklyn Park, MN 55428 FOOD Michael Jensen Fresco Juice Co Terry Xantios Northwest Athletic Club 3208 W Lake St # 121 Mpls, 1VIN 55416 TEMPORARY 3.2% MALT LIQUOR Fridley Wrestling Boosters Todd Christenson 7800 Pearson Way Fridley, MN 55432 L/CENSES 21 Approved By: Public Works Public Safety Fire Inspector Community Development Public Safety Fee $40 $45 $45 AGENDAITEM City Council Meeting Of Monday, May 21, 2001 City of Fridle Blacktoaaina Lino Lakes Blacktop Inc. 510 Lilac St Lino Lakes MN 55014-1053 Electrical Brite Lite Electric 1087 Payne Ave St Paul MN 55101 Gas Services Airco Heating & Air Cond 4020 Central Ave NE Columbia Neights MN 55421 Palen/Kimball C� . 550 Vandalia St St Paul MN 55114 General Contractor-Commercial Affordable Remodelers Inc 4807 Dusharme Dr Brooklyn Center MN 55429- Langer Construction Co 54 East Moreland West St Paul MN 55118- Westin Construction Co 250 Prairie Center Dr Eden Prairie MN 55344 � Tom Ramsden Daniel Henschell George Rogstad Peter Greene Judith Barth Penny Osland Mark Westin 22 •... -.- Ron Julkowski Buiiding Official State of MN Ron Julkowski Building O�cial Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official � General Contractor-Residential Adams Marshall Bldg 8 Remodeling (20186497) 24138 Verdin Street Marshall Adams St Francis MN 55070- American Eagle Exteriors (20159912) 19512 Country Cir E Dave Bormes Rogers MN 55374 Franzen Construction Co (2744) 4250 5 St NE Robert Franzen Columbia Heights MN 55421 Minnesota Exteriors Inc (2877) PO Box 266 Jim Heideman Osseo MN 55369-0266 Norling Exteriors Inc (20098700) 341 79 Way NE Jim Norling Fridley MN 55432 PMJ Group Inc PO Box 43243 Michael Juaire Brooklyn Park MN 55443 R/W Construction (20025749) 5456 Blaisdell Ave S Randall Webb Minneapolis MN 55419- Renaissance Exteriors (20220285) 2556 Hwy 10 Ron Simon Mounds View MN 55112 Ricks Roofing 8� Siding Inc (3566) 183 Cleveland Ave SE Rick Longnecker New Brighton MN 55112 RMA Home Services Inc (20268257) 3200 Cobb Galleria Pkwy STE 200 Todd Lewis Atlanta GA 30339- 23 A�uroved Bv• State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN State of MN .6�L�'. Roberts Residential Remo.deling (6885) 16320 Kenrick Loop Dave Roberts Lakeville MN 55044- Sammy's Construction Co (20183207) 425 97 Ave Nw Kirby Gobematr Coon Rapids MN 55433- T W Remodeling (1489) 9323 Magnolia Lane N Todd Walock Maple Grove MN 55369- Tacheny Roofing 8� Siding Inc (7596) 49 S Owasso Blvd Dan Tacheny Little Canada MN 55117 Treichel Orville Construction (8019) 13819 Quinn St NW Orville Treichel Andover MN 55304- Trico Exteriors inc (20147770) 268 S Commerce Cir NE Douglas Ouellette Fridley MN 55432 Twin City Roofing Const Spec (20020943) 768 Rice St James Geisen St Paul MN 55117- ___ _Heatina Airco Heating 8� Air Cond 4020 Central Ave NE George Rogstad Columbia Heights MN 55421 Bostrom Sheet Metal Works Inc 785 Curfew St Robert Vranicar St Paul MN 55114- Dave's Appliance Heating 8 Air Inc 1601 37 Ave NE David Roberts Columbia Heights MN 55421 24 Aouroved Bv• State of MN State of MN State of MN State of MN State of MN State of MN State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Palen/Kimball Co 550 Vandalia St St Paui MN 55114 Masonry Gopher State Concrete 9110 Grand Ave S Bloomington MN 55420- Plumbina 4th Generation Plumbing 578 Silver Lake Rd New Brighton MN 55112- Albert"s A J Plumbing 2615 Tower Dr Woodbury MN 55125-9788 Cedar Plumbing 2445 Viking Btvd NW Cedar MN 55011 Hokarts�n Plumbing 8 Heating 9174 Isanti St B�aine MN 55449 KIDD Plumbing Inc 1518 89th Ave N Brooklyn Park MN 55444=1221 Olson Plumbing 931 44 Ave NE Columbia Hgts MN 55421 Rick's Plumbing 1701 221 Ave NW Cedar MN 55011 �11L+.. Peter Greene Jeffrey Sjoberg Chris Burkhardt James Alberts Don Erickson Roger Hokanson Dean Neisen - Doug Olson Rick Carty 25 Q�uroved Bv• F�on Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN State of MN State of MN State of MN S$ S Plumbing 8 Heating 8374 Windbreak Trl N Lake Elmo MN 55042- Sian Erector Crosstown Sign Inc 16307 Aberdeen St NE Ham Lake MN 55304- Electro Neon � Design Inc 1680 99tn NE Blaine MN 55449 Lawrertce Sign 945 Pierce Butler Rte St Paul MN 551041595 Nordquist Sign Co Inc 312 W Lake St Minneapolis MN 55408-3099 r ilers Lombarcfi Meats 7501 Commerce Lane NE Fridley MN 55432 � Eric Swanson Betsy Weingartner Michael Ziertman Dan Davis Richard Nordquist Michael Gau 7501 Commerce Lane NE 26 Ao�roved Bv• State of MN Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official Ron Julkowski Building Official �i 0 0 � � CRY OF PRIDLEY Carl J. Newquist, Esq. Newquist ac Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 ESTIMATES Services Rendered as City Attorney for the Month of February, 2001 ........................................................................................ $ 18,244.00 Greystone Construction Company 1221 East Foi:rth Avenue Shakopee, MN 55379 Filter Plant Access Platform Project No. 336 FINAL ESTIMATE .............................................................. �� ............................ $ 35,042.95 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 6431 University Avenue N.E. Fridley, Minnesota 55432 Honorable Mayor and City Council City of Fridley c/o William W. Burns, City Manager 6431 University Avenue N.E. Fridl�y, MN 55432 Council Members: May 21, 2001 CERTIFICATE OF THE ENGINEER We hereby submit the Final Esrimate for Filter Plant Access Platform Project No. 336, for Greystone Construction Company, 1221 East Fourth Avenue, Shakopee, MN 55379. We have viewed the work under cantract for the cor�struction of Project No. 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 May 21, 2001. Respectfully submitted, Jon H. Haukaas Director of Public Works cz Prepared by: Checked by: +E�;� 0 � � 0 May 21, 2001 To: Public Works Director City of Fridley _ REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY FILTER PLANT ACCESS PLATFORM PROJECT NO. 336 We, the undersigned, have inspected the above-mentioned project and find that the work required by the contract is substantially complete 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 ES'TIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being May 21, 2001. 29 James Saefke, Water Supervisor Contractor Representative, (Title) May 21, 2001 City of Fridley FII.TER PLANT ACCESS PLATFORM PROJECT NO. 336 CERTIFICATE OF CONTRACTOR This is to certify that items of the work shown in the statement of work certified herein have beenactually furnished and done for the above-mentioned projects in accordance with the plans and specifications heretofore approved. The final contract cost is $93,600.00 and the final payment of $35,042.95 for the improvement project would cover in full, the contractor's claims against the City for all labor, materials and other work dovv�i �y the contractor under this project. I declare under the penalties of perjury that this statement is just and correct. Contractor Representative 'rl■J . � � � May 21, 2001 City of Fridley FILTER PLANT ACCESS PLATFORM PROJECT NO. 336 PREVAILING WAGE VERIFICATION This is to certify that Greystone Construction Company 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. Contractor Representative 0 31 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY. MINNESOTA 55432 FROM: City of Fridley Engineering Division TO: Honorable Mayor and City Council City of Fridley 6431 University Ave, NE Fridley, MN 55432 Dated: May 7, 2001 rt� 1:= ,• ,�1 x t C t * ,: Contract, I�em m, ,. „ �; Design Building Permit Catwalk Materials Catwalk installation General Conditions SUBTOTAL TOTAL SUMMARY: Original Contract Amount Contract additions: Contract deductions: Revised contract amount Value Compteted To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE Estimate No. FINAL Period Ending: April 30, 2001 For: Greystone Construction Company 1221 East Fourth Avenue Shakopee MN 55379 FILTER PLANT ACCESS PLATFORM PROJECT NO. 336 Job Code: 601-6000-415-4530-5211 STATEMENT OF WORK N±�;g +�,'�'��,�.� � gr 'pUYIOU�rt � Y. i� �,�, S�, �, ; Unit Y 'TThis .,� .. -�r : _. „r .. ' ;� �.Urnt; : ,;;Price , ES�mate 5,000.00 1,690.00 60,710.00 19,600.00 6,600.00 $93,600.00 93,600.00 93,600.00 0.00 58,557.05 335,042.95 32 0.000 1.000 0.100 1.000 0.697 0.00 1,690.00 6,071.00 19,600.00 4,600.20 31,961.20 1.000 1.000 1.000 1.000 1.000 5,000.00 1,690.00 60,710.00 19,600.00 6,600.00 $93,600.00 Greystone Construction Company Estimate No. FINAL Page 2 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 actual value under the contract of the amounts shown on this estimate (and the final v quantities on the final estimate are coRect), and that this estimate is just and correct and no part of the "Amount Due This - Estimate" has been received. By Contractor's Authorized Representative (Title) CERTIFICATE OF THE ENGINEER I hereby certify that I have prepared or examined this estimate, and that the contractor is entiUed to payment of this estimate under the conVact for reference project. CITY OF FRIDLEY, INSPECTOR ey Checked By 0 33 Date Respectfully Submitted, Jon H. Haukaas, P.E. Public Works Director r a cmr oF PRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 Date: 5/14/01 �� To: Wiiliam Burns, City Manager �!� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Planning Commission action on PS #01-02 M-01-53 INTRODUCTION The Batesons and Petrinis are seeking to re-plat the Heather Hills North addition into five lots, in order to construct five single-family homes. The petitioners had originally platted the Heather Hills North property into four single-family home lots in 1999. PLANNING COMMISSION ACTION At the May 2, 2001, Planning Commission meeting, a public hearing was held for PS #01-02. Following a brief discussion, a motion was made to approve the preliminary plat. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the planning commission and grant approval of the preliminary plat, with stipulations as presented. 1. Grading and drainage plan to be approved by Ciry's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide all easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. s. Petitioner to pay all water and sewer connection fees. 34 City of Fridley Land Use Application PS-01-02 May 2, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: George & Ann Bateson Dennis & Mary Pietrini 6196 Heather Place NE 6177 Heather Circle Fridley, MN 55432 Fridley, MN 55432 Requested Action: Replat of property to accommodate five single family homes. Existing Zoning: R-1, One Family Residenrial Location: _6217 Central Ave. Size: 97,846 square feet 2.25 acres Existing Land Use: Vacant, 1 home under construction Sutrounding Land Use & Zoning: N: Single family home & R-1 E: Single family home & R-i S: Single family home & R-1 W: Shopping Center & C-3 Comprehensive Plan Conformance: Use of property is consistent with Plan. Zoning Ordinance Conformance: All four proposed lots exceed the City's minimum lot size standard. Zoning History: • 1939 - Lot is originally platted. • 1999 — Area platted into 41ots. Legal Description of Property: Existing: Heather Hills North Proposed: Heather Hills North Plat II Council / 60 Day Action: May 21, 2001 / May 29, 2001 Public Utilities: Located near property. ��� Transportation: Homes will be accessed from Heather Place. Physical Characterisrics: Tree covered, relatively level on the western portion. Slopes, some severe, on the eastem portion of property. SUMMARY OF REQUEST Petitioner is seeking to create five separate lots in order to construct five single family homes, instead of the four initially propose in the 1999 Plat. SUMMARY OF ANALYSIS City Staff recommends approval of this plat request, with stipulations. • Proposed lots exceed the size standards required by the City of Fridley ZQning Code. • All final grading and drainage plans will meet the approval of City Engineering staff prior to issuance of building pernuts. (View of Southeast poRion of property) Staff Report Prepared by. Paul Bolin PS 01-02 ANALYSIS Petitioner is seeking to re-plat the Heather Hills North addition into five lots, in order to construct five single-family homes. The petitioner had originally platted the Heather Hills North property into four single-family home lots in 1999. The new plat, Heather Hills North Addition II simply gives the petitioner an opportunity to provide the City of Fridley with one more housing opportunity. Lacking vast expanses of vacant land, it is vital that the City maximize the use of sites in order to provide new home ownership opportunities in the City of Fridley. The home currently under construction by Kootenia Builders, will meet all setback requirements if the plat request is approved. RECOMMENDATIONS City Staff recommends approva/ of this preliminary p/at request, with stipulations. Proposed lots exceed the size standards required by the City of Fridley Zoning Code. Fridley requires that lots in an R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed lots range in width from 76' to 184' and in area from 14,971 square feet to 26,578 square feet. STIPULATIONS Staff recommends that the following stipulations be attached to the preliminary plat approval. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. 36 � f CffY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 Date: 5/14/01 To: William Burns, City Manager ��` � From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Planning Commission action on SAV #01-04 M-01-54 INTRODUCTION Mr. Harstad is seeking to vacate a five foot portion along the northerly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement, generally located at 5490 East Danube. PLANNING COMMISSION ACTION At the May 2, 2001, Planning Commission meeting, a public hearing was held for SAV #01-04. Following a lengthy public hearing, in which neighbors objected to Mr. Harstad building on his property, a motion was made to approve the utility easement vacation and re-creation. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Planning Commission and grant approval of the proposed utility vacation and re-creation, with the stipulation presented. 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. 37 RESOLUTION NO. RESOLUTION TO VACATE A 5' PORTION OF AN EXISTING UTILITY EASEMENT AND THEN RE-CREATE A 20' UTILITY EASEMENT ON LOTS 5 8� 6, BLOCK 2, INNSBRUCK NORTH 2ND ADDITION, GENERALLY LOCATED AT 5490 EAST DANUBE. WHEREAS, The City Council approved the utility vacation and re-creation request, SAV #01-04, for LOTS 5& 6, BLOCK 2, INNSBRUCK NORTH 2ND ADDITION at the May 21, 2001 meeting; and WHEREAS, The storm drainage pipe is not centered in the current easement; and WHEREAS, This vacation and re-creation of the easement will center said drainage pipe within the easement area; and WHEREAS, The centering of said drainage pipe within the easement provides the room necessary to repair pipe as needed. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacate the northeasterly 5 feet of the southwesterly 10 feet of Lot 5, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota, except the northwesterly 40 feet and except the southeasterly 10' thereof. BE IT FURTHER RESOLVED that the property owner re-create a 20' easement by combining the remaining 15' of the existing easement with the granting of a perpetual easement for drainage and utility purposes on, over, under, and across the southwesterly 5 feet of the northeasterly 10 feet of Lot 6, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21gt DAY OF MAY, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT LUND - MAYOR � � May 20, 2001 Kate Drewry Rice Creek Water Shed District 3585 N. Lexington Ave. Arden Hills, MN 55126 Dear Ms Dre�vry: I am writiug to tell you how deeply concerned we, the residents of East and West Danube Roads, are about the proposed development of Lots 5 and 6 of North Innsbruck Second Addition by Mr. Forrest Harstad . These t«�o lots are adjacent to 5544 East Danube Road and development of these properties will adversely effect drainage and water level of two ponds, one west of and behind the lots and tl�e other across East Danube to the east. The west pond drains into the east pond via a culvert and the east pond drains to the north eventually to Rice Creek. 1. These two lots were designated as "unbuildable" in the 1970's. At that time Mr. Keith Harstad, promised the homeowners on West Danube that they would never be developed because if they were, there would be water in the basements of those homes all ready built. Also at that time the west pond was nearly twice as large but has been (illegally) partially filled and therefore has even less capacity now to hold water. 2. The house to be built is 28 x 75 feet with a tuck-under four car garage with a �vide cement apron to tl�e street. Run off from rain (or melting snow) will be forced either into the east pond via the storm sewer or directly into the pond to the west. There will be no filtering of the water through the soil to slow down its entry into tl�e ponds. Both ponds are at capacity now. If water is forced directly into the west pond, the pond level will rise to the west and into the yards of the West Danube homeowners, as there is a tugh bank on the east side of the pond to contain it there. If water enters the east pond at a faster rate than it does now, as it would if more water flows into the storm sewer, there could be water in East Danube basements as well. There simply is no place to store more water except in the surrounding ground, wluch is saturated. 3. Mr. Harstad took soil samples two years ago. I personally watched these samples being taken. There are 6 to 10-foot high mounds of dirt that have been dumped over the years on the front side of these two lots. The borings for the samples were done from the tops of these mounds rather than at normal ground level. I iind it hard to believe that these are very accurate samples of soil type. Because of these concerns, we request that you do not permit building on these lots on East Danube Road. Thaiilc you for your consideration. Yours truly, C �_°`c �"'"�`""� � �'�,� � �-�-�~ , s s � � . ��.�-��� � I ��'�� �Ct� � � , . �; 5 �� � i,J .�. c:. ,�,�,,,i�-�. t Lt. t, -�/Lc_c ��L C(� ; t� t2.. J S�'�� i �-'-/J4 Ni/u/��/' C�,v.st�. c� - �P-{'Q (JS �.3 s L.� ,.��vt�c.�.e t21� ���1�� � ��� �.y � (%��.� � �sc�i� a / �C�¢� � :�s c.�. ��,N.� �; ' ���y� �'���.�-� � ��o��a� J � �s �-� �n��� �'��-��;�� � � �'� � i��La�G� /rY �L� i.�1 .D c,.��� ��� �� .� ` ` '��"'s�� „1',, E' S� / GcJ. � a-.�...,-.��, i� �y 77 F ..�us�-�' P ,� �-�U.Lz�t .Stta� � t,J �ati,a,�-�- r� � � � �� �� � ,�x� � �� � �' G�J�, Sl.cd� t� --. �c.�.�-Cv���i�.. .� q � �,,� � • IV� . ` ' ��r �� �� . ...����y��- �s"�g� �osr D,�,�,��-- .P� ��' _ . y � � o�noC 55 95 GcJ . ,�a��.G� /��, _ a� ... %'� .%Y�� � .Z��� d�,� � - - r.v �'a � � t,/���� �c� --. 5�5 w� ra���,�._ _ .. ' ssos � . ��► U d t� l� . 0 I am unable to attend tonight's hearing. My name is Teri Raymond and I live at 5595 West Danube Road. My yard backs up to the pond and I am low. The first week in April I contacted the public works department to express my concern about the large amount of snow we still had and the fact that we were expecting heavy rains. My concern was that the drains were fully open so the pond would drain as it properly should and I would not get flooding in my back yard and basement. The public works deparhnent advised me that they had just been out to check the drains to make sure they weren't clogged because someone was thinking about building on the empty lots on East Danube Road. It was also expressed to me during that conversation that "that was not going to happen." Unfortunately, with the rainfall on April 22 I did have water coming into my basement. I do have a sump pump and drain tile. The building inspector came out on April 23 and noted that my yard up to my house was saturated. I am already very concerned about the lack of water drainage in this area and believe this is something the City should look into as soon as possible. I was recently apprised that there had been illegal dumping of fill-in on the land that is in question. It is imperative to the neighborhood to remove this illegally dumped fill at this time to re-open the proper area for the drainage of the pond. Tha.nk you for your consideration. I think it is importa.nt for you to know that there are already water problems in the area before they are added to. Teri Raymond 5595 West Danube Road Fridley, Minnesota 55432 0 City of Fridley Land Use Application SAV-01-04 May 2, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Fonest Harstad 2197 Silver Lake Rd. New Brighton, MN 55112 Requested Action: Vacarion & Re-creation of Utility Easement Purpose: To vacate a five foot portion along the northerly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement. Existing Zoning: R-1 Single Family Residential Locarion: 5490 East Danube Size: 24,812 square feet .57 acres Existing Land Use: Vacant. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Single Family & R-1 W: Single Family & R-1 Comprehensive Plan Conformance: Consistent with Plan Zoning Ordinance Conforn�ance: Section 211.07.21 requires drainage utility easements of 20'. Zoning History: • Lots are platted in 1973. • Variance & wetland replacement plan denied in 1994. • Criteria for building pemut issuance in 1995. Legal Description of Properry: Lots 5& 6, Block 2, Innsbruck North 2°d Add. 39 Public Utilities: Water and sewer aze available near the site. Transportation: East Danube provides vehicle access to the site. Physical Characterisrics: Area is currently a mix of trees & wetland. SUMMARY OF PROJECT Mr. Harstad is seeking to vacate a five foot portion along the northerly edge of the e�sting utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement. This will center the existing pipe within the easement. SUMMARY OF ANALYSIS City Staff recommends approval of this utility easement vacation and re-creation. A 20' easement is required for all drainage easements. The property currently contains a 20' easement, but the eacisting storm pipe is not centered in the easement. The vacation and recreation of this easement will provide the City room necessary to more readily access the pipe for maintenance. CITY COUNCIL ACTION / 60 DAY DATE Staff Report Prepared by. Paul Bolin SAV #01-04 THE REQUEST Mr. Harstad is seeking to vacate a five foot po�tion along the northe�ly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement. ANALYSIS The existing storm sewer pipe is not centered within the current easement. The existing pipe sits only 3.5'-5' from the southerly edge of the current easement. The granting of this easement vacation and re-creation will provide the room necessary for the City to excavate and repair the pipe, as needed. The City's Public Works Director has indicated that it is in the best of interest of the City to grant this partial easement vacation and re-creation of a 20' easement, in which the pipe would be centered (See attached memo). PROPERTY HISTORY / NEIGHBORHOOD CONCERNS This property was platted in 1973 and the two lots comprising this property have remained vacant over the years. There is a designated wetland area along the westem portion of the property, which collects area run-off and slows the water before it enters the storm pipe and continues to Farr Lake. In 1986, a permit was issued to do some fill work on this site. In 1994, a proposal was submitted to do extensive filling on the southerly lot and obtain variances for home construction. This was ultimately denied. During this variance and wetland replacement plan process, the neighborhood brought fo�th concerns of illegal dumpin� and filling on the site. It was determined by Peterson Environmental Consulting, that any fill placed on the site between 1989 and 1993, was placed over the portions filled in 1986 and had no further impact on the wetland area. After investigation by City Staff it was determined that the property could be built on, without impacting the wetland, if certain criteria were met. The criteria were spelled out in the attached letter, dated October 24, 1995, from Barb Dacy to Paul Harstad. In essence, to build on the property one must perform a hydrologic analysis identifying impacts to adjacent properties, complete soil borings and testing, combine the two lots into one tax parcel, and meet with surrounding owners to review the results of the study. Forrest Harstad has met all criteria, spelled out in this letter, for the issuance of a building permit. Neighborhood objections and/or denial of the easement vacation and re-creation will not stop Mr. Harstad from obtaining a building permit, provided the proposed home meets all building and zoning codes. Though the petitioner's right to a building permit is in no way related to this easement vacation request, staff has heard from nearly the entire neighborhood on this request. The neighbors have stated that they have enjoyed the scenic beauty of this undeveloped lot, viewing the ducks and other wildlife, and that they are concerned that a home constructed on the property will impact the wetland and possibly flood out their basements. The petitioner's hydrologist has indicated that this is not the case. . � The neighbors have also indicated that the petitioner's home may not meet the covenants filed with their subdivision. The City does not regulate or enforce covenants. Any violation or disputes over covenant requirements wilt need to be worked out befinreen Mr. Harstad and the neighbors in court. The Planning Commission hearing is to determine whether or not the easement should be moved to center our pipe within it. The neighborhood is viewing the public hearing as their opportunity to prevent the City from issuing a building permit and to prevent Mr. Harstad from building. RECOMMENDATION FOR SAV #01-04 City Staff recommends approval of this request to vacate: The northeasterly 5 feet of the southwesterly 10 feet of Lot 5, Block 2, INNSBRUCK NORTH 2T'fD ADDITION, Anoka County, Minnesota, except the northwesterly 40 feet and � except the southeasterly 10' thereof. And to re-create the 20' easement by adding the following: A perpetual easement for drainage and utility purposes on, over, under, and across the southwesterly 5 feet of the northeasterly 10 feet of Lot 6, Block 2, INNSBRUCK NORTH 2i'1D ADDITION, Anoka County, Minnesota. STIPULATIONS City staff recommends the following stipulation be attached to the approval of this easement vacation request. 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. �. : AGENDA ITEM CITY COUNCIL MEETING OF F ro°� MAY 21, 2001 � 0 . INFORMAL STATUS REPORTS � 42 � � � � CffY OF FRIDLEY Name * Barbara Suciu AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 Position Payroll Technician Non-exempt Appointment Starting Salary $34,911.36 per year Starting Date June 4, 2001 (estimated) * Conditional offer pending background and reference verified Replaces Barbara Ridout (retirement)