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12/17/2001 - 4720OFFICIAL CITY COUNCIL AGENDA CITY COUNCIL MEETING DECEMBER 17, 2001 � � _ � � GTY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 7:30 p.m. - City Council Chambers Attendance Sheet AL�ASF AR/NT NAMF, A�DRFSS AND /i'FM NUMS�it YOU ARF /NT�irFSTFD /M. , b, � ,,, �» � P.�t N��n'; ,,,,,1e ,,.�"�:; �� ` , � �� Ac�c�ar�es�: ''°' �� ' �g, ; »Yio�'.m�`=.:r�a.,, � .iim»rn.3,. .., sr.. , '� iiik.uiiiil . :"' ...3 .�, ,. ,, .,,�'., . . zw...w�.rM�ii�..;,.i, . ' +,,, r.r� , nn . .....�.. C.✓�b,bx„au,.-�r , ., �x, . :: ' ` ; . �, ... ''' ''� /� -�- 7 . Y'Y� � :.� u � �— � C -- � .: � ��-h�x 1 L � � 1�J(.i� . C �,, l�." ,-�,� �;� (� �- �� ` � � - . - 1 � r ,.a- _..._..�. r"= ` -.�� :�- �:,---- ! 1 � (�� ----` � �-_�---�__. � , � ,,��'y�.C.�.,..7 L � ( V � �Z �V�!�2 r (�� \V .t v'' � T�� u � t�-ti,% w'y ` � � r � CITY COUNCIL MEETING OF DECEMBER 17, 2001 CfiY OF FRIDLEY � The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, - national origin, seY, 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 at 572-3500 at least one week in advance. (TTD/572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of December 3, 2001 NEW BUSINESS: 1. Receive the Minutes from the Planning Commission Meeting of December 5, 2001 ................................................... 1- 6 2. Special Use Permit Request, SP #01-13, by Troy and Anna Peabody, to Allow a Residence to be Built in a River Preservation District, Generally Located at 608 Cheryl StreetN.E. (Ward 3) ..................................................................................... 7- 11 � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Resolution Approving a Plat, P.S. #01-04 (Sonja's Heather Hills, by Dale Andersen and Paul Hilborn, to Replat Property for the Purpose of Formally Recognizing what was Erroneously - Perceived to be the Lot Line Between Their Properties, Located at 6175 Heather Place and 1400 Kerry Circle (Ward 2) ........................................................................... 12 - 16 4. Resolution Authorizing the Execution of a Flood Hazard Grant Agreement between the City of Fridley and the Minnesota Depa�tment of NaturalResources ........................................................................................ 17 - 23 5. Approve GIS Consulting Services Agreement between the City of Fridley and PlanSight LLC ............................................ 24 - 34 � 6. Approve Joint Agreement between the City of Fridley and the City of Hilltop for Firefighting Services........................................................................................................ 35 - 41 7. Motion to Authorize the Fridley Senior Program to Apply for CDBG Funding for the year 2002 through2003 ................................................................................................ 42 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 8. Resolution Authorizing an increase in ° Compensation and Changes in Certain � Benefits for the 2002 Calendar Year .............................. ........... 43 - 44 � ................... 9. Appointment — City Employee ...................................................................... 45 10. Claims ........................................................................................................... 46 11. Licenses ....................................................................................................... 47 - 48 12. Estimates ...................................................................................................... 49 - 56 ADOPTION OF AGENDA. OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. � 0 � FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE � PUBLIC HEARING: 13. Consideration of Edge Water Neighborhood Street Improvement Project No. ST. 2002 - 1 .................................................... 57 7 NEW BUSINESS: 14. Resolution Certifying the Final Tax Levy Requirements for 2002 to the County of Anoka ................................................. 58 - 59 15. Resolution Adopting the Final Budget for the FiscalYear 2002 ................................................................................................ 60 - 62 16. Informal Status Reports ..................................................................................... 63 ADJOURN. 0 � .' a FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 Q�-( -��S � - ' mir oF �ro�� 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 status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 at least one week in advance. (TTD/572-3�34) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA��. � � APPROVAL OF MINUTES: ^�� City Council Meeting of December 3, 2001 NEW BUSINESS: Receive the Minutes from the Planning Commission Meeting of December 5, 2001 .............................................. 1 - 6 Special Use Permit Request, SP #01-13, by Troy and Anna Peabody, to Allow a Residence to be Built in a River Preservation District, Generally Located at 608 Cheryl Street N. E. (Ward 3) .................... 7- 11 3. Resolution Approving a Plat, P.S. #01-04 (Sonja's Heather Hills, by Dale Andersen and Paul Hilborn, to Replat Property for the Purpose of Fo�mally Recognizing what was Erroneously Perceived to be the Lot Line Between Their Properties, Located at 6175 Heather Place and 1400 Kerry Circle (Ward 2) .......... 12 - 16 APPROVAL OF PROPOS�i� CONSENT AGENDA: NEW BUSINESS (CONT�bUED): 4. Resolution Authorizing the Execution of a Flood Hazard Grant Agreement between the Ciry of Fridley and the Minnesota Depa�tment of Natural Resources ..:................... 17 - 23 5. Approve GIS Consulting Services Agreement befinreen the City of Fridley and PlanSight LLC.............................................. 24 - 34 6. Approve Joint Agreement between the City of Fridley and the City of Hilltop for Firefighting Services ...................................... 35 - 41 7. Motion to Authorize the Fridley Senior Program to Apply for CDBG Funding for the year 2002 =- through 2003 ............................... 42 8. Resolution Authorizing an Increase in Compensation and Changes in Certain Benefits for the 2002 Calendar Year............................................. 43 - 44 Appointment — City Employee ..... 45 � S FRIDLEY CITY COUNCIL MEETING OF DECEMBER 17, 2001 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): NEW BUSINESS (CONTINUED): 15. Resolution Adopting the Final Budget for the Fiscal ear 2002 ................................ 60 — 62 10. Claims .......................................... 46 �✓� rOV� � � � ��L%' ' 11. Licenses 12. Estimates ..,...... 47 -_48 .............. 49 - 56 ADOPTION OF AGENDA.�1�� OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARING: ��/�� ,� ! L�� --�^^ . �� 13. Consideration of Edge Water Neighborhood Street Improvement Project No. ST. 2002 - 1 .................................. 57 C� � �� 'dj� �---- 14. Resolution Certifying the Final Tax Levy Requirements for 2002 to the County of Anoka .................................. 58 - 59 5�/�,� o�� 16. Informal Status Reports ..... ADJOURN�1�� ;v�F �� 63 � THE MINUTES OF THE FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 3 . 2001 The Regular i�feetin� of the Fridley City Council was called to order by Mayor Lund at 7:3�1 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEI�IBER5 PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bo(kcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the Proposed Consent Agenda as amended. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED U�tANIMOUSLY. APPROVAL OF 1VIINUTE5: City Council Meeting ofNovember 19, 2001. Councilmember Bolkcom stated that on page 1 regarding water discoloration states "Five households had water discoloration and sedimentation problems." She believes it should state "eighteen percent" instead. Mr. Burns stated that it would be changed. Councilmember Bolkcom stated that on Page 4, it states "Councilmember Bolkcom asked if the commuter rail comments included a breakdown in satisfaction or if it was a good idea." She asked if it included a breakdown by ward. � Mr. Burns stated that it would be changed. Councilmember Bolkcom stated that on Page 8, Item 13 states that the public hearing was removed from the agenda. It should inctude why it was removed from the agenda. _ Mr. Burns stated that it would be changed. Councilmember Bolkcom thanked Dr. Burns. APPROVED AS AMENDED. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 2 OLD BUSINESS: 1. ORDINANCE NO. 1162 AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO UNATTENDED VEHICLES: Mr. Burns, City Manager, stated that this regards the winter parking ban. The changes include the ending date of the ban from May 1 to April 1. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. ll62 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUTES FROM THE PLANNING COMISSION MEETING OF NOVEMBER 7, 2001: Mr. Burns, City Manager, stated that this is a motion to receive the Planning Commission meeting minutes. Staff recommended Council's approvaL RECEIVED. VARIANCE REQUEST, VAR #01-03, BY EAST RANCH ESTATES (BOB AND MIKE SCHROER), TO REDUCE THE REQUIltED SETBACK OF A FREE-STANDING SIGN FROM A PROPERTY LINE OR DRIVEWAY FROM 10 FEET TO 1 FOOT TO ALLOW THE CONSTRUCTION OF A NEW FREE-STANDING SIGN, GENERALLY LOCATED AT 7610 LTNIVERSITY AVENUE N.E. (WARD 3): Mr. Burns, City ManaQer, stated that this request has to do with a St. Paul Waterworks water main that runs through the property prohibiting the sign from being placed elsewhere. The variance was approved unanimously at the Appeals Commission meeting on November 14 subject to four stipulations. Staff recommended Council's approva(. APPROVED VARIANCE REQUEST #01-03 WITH THE FOLLOWING STIPULATIONS: 1. PETITIONER SHALL OBTAIN A SIGN PERMIT BEFORE INSTALLATION OF SIGN; 2. THE SIGN SHALL MEET CODE REQUIIZEMENTS FOR SIZE; 3. THE SIGN SHALL BE A MINIMUM HEIGHT OF TEN (10) FEET FROM THE BOTTOM OF THE SIGN TO TI3E FINISHED GROUND GRADE; 4. TI� SIGN MUST BE DESIGED SO IT DOES NOT OVERHANG THE PROPERTY LINE. 4. SIGN PLAN REQUEST BY NORTH CENTRAL BUSINESS CENTER, GENERALLY LOCATED AT 452 NORTHCO DRIVE N.E.: Mr. Burns, City Manager, stated that this is to consider approval of the sign plan for Northco Central Business Center. It meets all City criteria for the multi-tenant building. Staff recommended Council's approval. APPROVED SIGN PLAN REQUEST. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 3 5. APPROVE 2002 SIXTY-DAY ACTION APPLICATION DEADLINES FOR THE PLANNING COMMISSION AND APEALS COMMISSION MEETINGS: Mr. Burns, City Nlanager, stated that this is a motion to approve the sixty-day action deadlines for items that are reviewed by the Planning and Appeals Commissions. Staff recommended Council's approval. APPROVED 2002 SIXTY-DAY ACTION APPLICATION DEADLINES. 6. RESOLUTION NO. 69-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR CLIMB THEATER (MAPLE LANES, 6310 HIGHWAY 65 N.E.) (WARD 2): Mr. Burns, City Mana�er, stated that this is a renewal application from CLIMB Theater for a charitabte gambling license effective from March l, 2002, to February 28, 2004. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 69-2001. 7. RESOLUTION NO. 70-2001 IN SUPPORT OF AN APPLICATION FOR A NIINNESOTA LAWFUL GAMBLING PRENIISE PERMIT FOR FRIDLEY AMERICAN LEGION, POST 303 (7365 CENTRAL AVENUE N.E.) (WARD 2): Mr. Burns, City Manager, stated that this is a renewal application from the Fridley American Legion, Post 303, for a charitable gambling license effective from March l, 2002, to February 28, 2004. Staff recommended Council's approval. ADOPTED RESO�,UTION NO. 70-2001. 8. RESOLUTION NO. 71-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERNIIT FOR THE MINNESOTA SPORTS FEDERATION (SPIKERS GRILLE & BEACHCLUB, 7651 HIGHWAY 65 N.E.): Mr. Burns, City Manager, stated that this is an application by the Minnesota Sports Federation for a charitable gambling license which would replace the previous license held by Totino-Grace. The license will become effective either February 1 or March 1 for a two-year period depending on the State license. The State requires that our premise permit be approved first. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 71-2001. 9. APPOINTMENT (CITY EMPLOYEE): Mr. Burns, City Manager, stated that staff recommended the appointment of Todd Desjardin to replace Shannon Coulter. Todd is a Minneapolis resident who graduated from DeLaSalle High School and Minneapolis Community College. He served in the U.S. Air Force from 1987 through 1991. He has been employed as a Security officer for Hennepin County since 1994. Staff recommended Council's approval. APPOPIITED TODD DESJARDIN AS PATROL OFFICER. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, Z001 PAGE 4 10. CLAIMS: APPROVED CLAIM NOS. 102636-102761. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: APPROVED ESTIMATES AS FOLLOWS: 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 November, 2001 $5,000.00 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by Councilmember Wolfe. -�� UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNA1vIMOUSLY. • OPEN FORUM, VISITORS: No persons in the audience spoke. PUBLIC HEARING: 13. CONSIDERATION OF THE 2002 CITY OF FRIDLEY BUDGET: MOTION by Councilmember Bolkcom to open the public hearing and waive the reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:41 P.M. Mr. Burns, City Manager, stated this is a maintenance budget and does not add a lot of new services or programs. It supports the very strong programs we have. He would like to thank the Finance Director Rick Pribyl and Craig Ellestad, the budget Accountant for their work in helping put this budget together. During the legislative session this year, financial responsibility of government services was switched around. The State took on the $900,000,000 in K-12 education, and they paid for that at a cost to local cities by eliminating $260,000,000 in HACA statewide. They also changed the tax rate system, providing tax reductions for everybody. The process, however, had undesirable results with respect to 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3. 2001 PAGE � redevelopment programs and tax increment financing. It will be much harder to use tax increment financing. The City lost over $130,000 in local government aid. Mr. Burns stated that in the planning process over the last five years, staff has used a Council/Commission survey to identify issues. Staff develops questions relating to issues they see on their operational horizons. The answers are compiled, meetings held, and cable television shows conducted. There is a very thorough and comprehensive review of City issues through this process. Staff develops goals and objectives and their annual budgets come before the Council in June during budget work sessions. Council sees the proposed budget again in August and December. Expenditure issues identified in this year's survey were hiring a new firefighter, adding new municipal garage facilities including remodeling for better office/restroom facilities for staff. It also included energy efficiencv improvements to the garage bays by adding energy efficient doors. Replacing the cast iron water main as part of our street reconstruction project was favored and will be included in the Capital Improvements budget at an addition of $100,000. Not everything was approved, such as winter maintenance of bikeways/walkways. Council and the commissions decided we should not fiY the drainage problems at Community Park East and also rejected no-fault sewer back-up insurance. Springbrook Nature Center improvements were rejected. There are revenue issues with rising water and storm sewer rates. There are also concerns about what to do with property taxes. Mr. Burns stated that Table 1 in the budget message described all the funds. The 2002 budget has allocated $14,734,000, a 2.3% change over this year's amount. The General Fund section of the budget shows a$900,000 increase, an increase in spending in that area by 7.5%. Most reflect rising personnel costs including a 4% cost of living adjustment for our emp(oyees and an additional cost of health insurance for employees in the amount of $810,000. These numbers have all been rounded up or down. The cost of the police officers whose salaries were previously funded by grants but are no longer, is in the amount of $15,000. The cost of the Fire Captain position is in the amount of $64,000. There are five Special Revenue Funds used to account for different types of funding and resources. Altogether we are budgeting $1,100,000 which was reduced by 17.3% from last year. This amount reflects the Housing Revitalization Fund and the reduction of the Grant ManagementFunds which was caused by moving the cost of two police officers to the General Fund. Mr. Burns stated that the Cable Television Fund is the second of two special revenue funds at $149,000, which is $34,603 more than budgeted for this year. It includes $27,000 for equipment upgrades. The Grant Management Fund budget is $352,504 and is $80,000 less than what was budgeted for this year. It supports one police officer and two other grant-funded police personnel. It is also the source of the City's Section 8 Housing Coordinator's funding, the Handyworks Coordinator out of the Senior Center, and the Community Development Block Grant Housing Rehabilitation Fund. The amount of $125,000 has been budgeted for that. The Housing Revitalization Fund has nothing in it because we have not been spending the $250,000 budgeted for it. Solid Waste Abatement Fund is budgeted at $321,000. That provides funding for the Recycling Coordinator and two part-time yard waste monitors. The bulk of the money is used to pay for our recycling hauler. We have a Police Activity Fund which is listed as a Special Revenue Fund. We were notified by the State that we were getting Police pension turnback money not needed to fund retirement obligations for police officers. We have about $2,100,000 and have been transferring parts of that to the General Fund to pay for police-related costs for previously grant- funded employees and technical improvements. The total transfer is $303,000. Mr. Burns stated that the budget for Capital Project Funds is $1,043,000, $304,600 less than budgeted for 2001. It is allocated among three sub-plans. One is buildings at $788,000, mostly for the garage addition. The amount of $140,000 has been budgeted out of money for streets with another $6�0,000 for that purpose as we(1 from State Aid. Staff is planning a$600,000 street reconstruction program for various Fridley areas. The amount of $100,000 has been budgeted for street sealing in the west central section of FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 6 Fridley. The Parks Improvements budget is set at $109,800, with $7,000 for Commons Park parking lot repairs, $30,000 for court resurfacing, $30,000 for resurfacing the trail around Fahr Lake, $20,000 for replacing park signs, and $20,000 in fence repairs. The amount of $10,000 is our local match for the Federal grant established for the pier at Moore Lake. Mr. Burns indicated that the fourth category of funds is labeled Enterprise Funds. Water, Sewer, Storm Water, and Liquor comprise the Enterprise Funds. The budget includes spending of over $11,000,000 in these four areas. There has been a big drop in the liquor operations and a sizable increase in the sewer plans. The Water Fund appropriation is $1,900,000 and is half a percent more than what was budgeted for 2001. There will be a$104,229 reduction in debt service but a$65,000 increase in the transmission and distribution section for contractual service items. This amount also includes a$45,510 increase in the administrative section for the purpose of contracting with an outside carrier for a new billing process. The Sewer Fund is at $3,300,000 and is 9.8% more than what was budjeted for this year. Almost all the increase is accounted for by increase in disposal costs passed on by the Metropolitan Council. Storm Water appropriation is $453,000. The Liquor Fund appropriation is $5,400,000, 18.3% less than this year. The decrease is due to the closing of the Holly Center store. Mr. Burns stated that another category for budgeting is for various debt service funds such as special assessments for street reconstruction, water, sewer, and storm water projects. The amount of $180,000 has been budgeted. Another debt service fund has been set up for water system improvements at $376,000. A third debt service funds has been set up for sanitary and storm sewer at $136,000. Mr. Burns said that there is no lonb term general obligation debt and no debt service charge to the General Fund. This helps to maintain an Aal bond rating and keeps taxes low. All of our neighbors have high debt service with high cost. We attempt to take our tax increase and then look at the tax increases for the school districts and other taxing jurisdictions in Fridley and figure out the taxes on the average local home. One of the City's employees owns an average local home. Staff has been using that for an example the last three or four years. It has an average value of $132,600. Local property tax rates were reduced dramatically by the State legislature. The tax changes were accompanied by big reduction in State aid to Cities. Cities were eYpected to levy back the lost State aid. Fridley has chosen to levy an amount equal to the lost State aid which amounts to about $1,200,000 and have opted to raise last year's property tas base by another $4,200,000. The effect of the changes is to raise the City's property taYes by a little less than 34%. Anoka County has also raised its property taYes substantia(ly. Revenues from State aid with property taxes are only about 1.25% higher than they were for 2001. These need to pay for the General Fund operations. We have not been wasteful in spending habits and taxing practices. The market rate levies approved by the voters for the school districts are included in determining property taxes and market value homestead credit consideration that the State allows for residential property. In 2001, there was tax reform by the State legislators, but it did not make the tax systemmore simple. The tax break for the average home is only $38 (3.1%) in Spring Lake Park. In School District 14, the t� break is $236, or about 17.2%. In Columbia Heights it is $47 or 3.1%. In School District 11, that ta�c break is $167, or about 12.1 %. Mr. Burns stated that part of the problem is that the average value of property is low and the tax breaks the legislature passed really affected higher value property. A$250,000 home in Fridley will get a 40% tas break. Table 3 contained in the budget message has the most recent calculations for fund balances based on a five-year history. Table 4 shows the amount of General Fund revenue from inside and esternal forces. Up to 1999, the City �vas not pulling down internal resources. From 1999, the City was spending at least $600,000 in its fund balances to balance the General Fund. Table 5 depicts changes in various sources of General Fund revenue. Property ta�ces as a source of revenue have risen from 34.8% to 443%. Table 6 displays the budget and sources of internal transfers to the General Fund. We are projecting to use $827,028 in General Fund reserves in 2002, and we are using an increasing amount of our liquor fund FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 7 profits to fund the General Fund. Table 7 shows that General Fund expenditures have grown at a rate of inflation and they are not out of line and are less than the constant dollar figure for 1995-1997. Ne�v construction has dropped from $20,000,000 for the first ten months of this year and is less than those tw�o previous years. The unemployment rate has grown from 2.6% to 3.23%. crime rates appear to be down and burglary rates are at an all-time low. There has been a 7.2% increase in the number of people on public assistance. Mr. Burns stated that while Fridley continues to offer quality governmental services at a lower cost than any of its neighbors there are significant challenges ahead. Taxes are lower but there are substantial pressures to raise those taxes. More of the City's local school districts may be going to the voters for lew increases. The State is projecting deficits for revenues projected for the State for the next budget year. There is a great possibility that the State may want to tamper with local government aid again to find ways to reduce expenditures and stay within annual revenues. That will put more pressure on cities. ApproYimately 63% of our expenditures for Capital Improvements this year are from fund balances. The City is also going to be challenged to find local funding for previously grant-funded police personnel. That will have a bearing on the youth programs funded out of the Police Department. We are facing a prospect of putting up a local share of $700,000 to fund a county-wide public safety radio replacement system. The budget for 2003 should be cautious particularly in this economy. Mr. Burns presented the 2002 budget for Council's consideration. Councilmember Barnette stated that 3 of the 4 referendums for the school districts failed but they will be back. Do the unemployment figures reflect the citizens of Fridley or the businesses? Mr. Burns stated that he is referring to Fridley residents and the figures come from the State. Councilmember Bolkcom asked if the Water Fund was at .4% or .5%. Mr. Burns stated that it is at .4%. Councilmember Billings stated that we spend about $230,000 for our Prosecuting Attorney. Some residents figure that all the fines they pay for speeding tickets, etc., come back to the City and that is why we do law enforcement on various roads. He asked what portion of the revenue stream was generated from our share of the court fines. Mr. Burns stated that he understands it to be a break-even situation and would refer to Mr. Pribyl for more information. Mr. Pribyl stated that the revenue generated is $190,500. Councilmember Billings stated that speed traps and other things are not things we are doing, but cost us more to prosecute than the small return we get from the courts. Mr. Burns stated that it is by no means a windfall. Councilmember Bolkcom asked what the process is for the next step. Mr. Pribyl stated that this is the public hearing for the 2002 budget. The next step would be to have Counci( review and approve the resolution for the 2002 budget. There will also be a resolution to certify the property taY levy for Anoka County. This will be before Council at the next meeting. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 3, 2001 PAGE 8 MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8Z0 P.M. 14. INFORMAL STATUS REPORTS: Mr. Burns stated that another newsletter is coming out. Councilmember Barnette stated that there is a lot of good information in the newsletters. , Mr. Burns stated that his assistant, Jennifer Dunn, has done an eYCellent job on this edition. Councilmember Wolfe stated that Officer Kurt Morse, is the new Gymnastics Coach for Fridley High School. I_� 1�L�If1.7►`� MOTION by Councilmember Bolkcom to adjourn the meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE DECEMBER 3, 2001, CITY COUNCIL MEETING ADJOURNED AT 8:22 P.M. Respectfully submitted, Signe L. Johnson Recording Secretary Scott Lund Mayor CITY OF FRIDLEY PLANNING COMMISSION MEETING, DECEMBER 5, 2001 CALL TO ORDER: Chairperson Savage called the December 5, 2001, Planning Commission meeting to order at 7:30 p. m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Barb Johns, Larry Kuechle Members Absent: Dean Saba, Leroy Oquist Others Present: Stacy Stromberg, Planner Scott Hickok, Community Development Director Troy and Anna Peabody, 606 Cheryf Street NE APPROVE THE NOVEMBER 7 2001 PLANNING COMMISSION MEETING MINUTES: MOTION by Ms. Johns, seconded by Mr. Kondrick, to approve the November 7, 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 Special Use Permit, SP #01-13, by Troy and Anna Peabody, to allow a residence to be built in a River Preservation District. A permit is specifically required for homes proposed to be elevated, but not built on fill. (Ordinance Number 1056), generally located at 606 Cheryl Street NE. MOTION by Ms. Kondrick, seconded by Mr. Kuechle, to waive the reading and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:33 P.M. Ms. Stromberg stated that homes that are not elevated on fill are a permitted special use in the flood fringe district provided that all FEMA and State flood-proofing regulations and standards provided in Ordinance No. 1056 are met. The lot is located on the corner of Broad Avenue and Cheryl Street and is zoned R-1, single family, as are all surrounding properties. It meets City Code requirements for lot size (9,000 sq. ft.) at 9,350 square feet and meets City Code requirements for lot width (75 feet) at 85 feet wide. The home meets setback and lot coverage requirements. Ordinance No. 1056 states that a special use permit may be issued to construct a home using alternative elevation methods, such as a tuck-under garage in this case, provided that all living area is located above flood level. On this property there can be no living area below 823.9 feet in elevation. The first floor living area will be located at 824.9 feet in elevation with the garage slab at the top of two feet of fill, which will be waterproofed to meet all standards. 1 PLANNING COMMISSION MEETING, DECEMBER 5, 2001 PAGE 2 Ms. Stromberg stated that staff recommends approval of the special use permit with the following stipulations: 1. Prior to submittal of building plans, all structural and soil engineering shall be reviewed and approved by a structural engineer. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9 feet. 5. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 6. Retaining walls shall be installed on the east and west sides of the home, a minimum of 5Y2 inches (maximum of 8 inches) is required to separate the grade from the threshold. 7. The petitioner shall submit new grading and drainage plans integrating the retaining walls on the east and west sides of the home. 8. The verifying survey shall confirm stipulation #7. (Note to surveyor: Hydrant elevation has changed since 1994, verify elevation.) 9. Erosion control measures shall be installed along all Iot lines prior to any work done on this site. 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City staff prior to issuance of building permits. 12. The height of the structure shall not exceed 30 feet as measured from the top of the curb elevation. 13. Special use permit approval is dependent upon approval of variance, VAR #01-15. Mr. Hickok stated a special use permit is required to make sure any compatibility issues are addressed prior to issuance of the building permit. FEMA regulations raise the elevation of the first floor level of the home, and compatibility with adjacent structures is important to consider. In 1994, a special use permit was approved for this property to keep the first floor elevation on that height, but to build up the fill. What is being discussed tonight is taking the foundation and building the floor elevation up to where it needs to be and building the home on top of that, keeping the grade roughly where it is at with minor modification. The stipulation of minimizing the height by using retaining walls or planter boxes as a possible solution would come in and help bring the house back down. Architecturally, it would feel like it is blending in with the neighborhood better. The property owner has a solution also that a retaining wall would be built away from the home and hold the earth so it could be graded up towards the home and not leave any grading issues like ponding water next to the house. This would raise the landscape elevation to help bring it in at a level of the house similar to a typical structure. Mr. Hickok stated option 2 puts a planter box right next to the house and the petitioner is concerned about that. A new grading and drainage plan would be submitted by their engineering staff and reviewed and worked out so there is no ponding or detrimental issues there. Staff favors this option because it would raise up the grade and put landscaping at a typical elevation and create an architectural feature to step land away from the building so it feels like it is similar to surrounding homes. The petitioner submitted an alternative close to option 1 showing planter boxes stepped out away from the home about six feet. It � PLANNING COMM�SSION MEETING, DECEMBER 5, 2001 PAGE 3 accomplishes the grading, and the landscape has more dramatic effect coming closer to the street than the house itself. Mr. Hickok stated that from the garage end, the planter boxes are stepped away from the house that leaves the FEMA foundation standing on its own allowing a walkway around both sides. The planter box could be taken six feet past the garage and turned so it creates a minimizing effect and a nice L-shaped walkway to the front door. On the west side of the house there would be another planter box drawing down the height of the structure. There is a plain looking building face, and the landscape would create visual interest for the neighbor. There will be a deck built to break up the back of the home and draw it down to the neighborhood scale. Ms. Savage asked if any neighbors had any complaints. - �- Ms. Stromberg stated they received one concern from a neighbor about the size of the structure being too large in comparison to the other homes in the area. Mr. Kondrick stated there is six feet from where the body of the house is and the planter area. How will the water be managed with snow melt and heavy rain? Mr. Hickok stated that is included in the stipulations. The area would need to drain properly. They need to revise the grading and drainage plan to show that it needs to be titled somewhat or have a draining mechanism built into it. Mr. Kondrick stated that gutters and downspouts would be an important part of the program. Mr. Kuechle asked a question regarding the curb and the height of the top nut on the hydrant. Mr. Hickok stated it is 817 feet. The curb and hydrant height have changed. The 817 feet given comes from the 1994 packet of material. Staff has asked the petitioner to go back and know the benchmark height of the top nut which is used for survey elevations. That has changed about one foot since the 1994 project. That would have an impact on the first floor living area. Staff has discussed this with the petitioners, and everything they take off from the benchmark is correct. Mr. Kuechle asked if there was a stipulation about the planters and what leverage the City has to make sure the petitioners build the planters. Mr. Hickok stated that is important, and they need to make sure there is a solution before the building permit is issued. A special use permit can be revoked, and it becomes an expensive problem for the petitioners. Staff has a good working relationship with the petitioners, and the planter boxes are a suitable solution with landscaping and planter boxes. The one that talks about prior to their getting a building permit having the grading and drainage plans approved will be key to the question. It has to show the boxes, or it cannot be approved. Ms. Savage stated that the stipulations are significant in this situation due to the fact of the flood plan area. The stipulations are required to allow the special use permit. Mr. Hickok stated that is correct. Ms. Anna Peabody, petitioner, stated that the actual measurement is 818.54 feet according to the inspector. The problem with the planter boxes being right next to the house is that there are 3 PLANNING COMMISSION MEETING, DECEMBER 5, 2001 PAGE 4 venting and draining issues. There are also FEMA guidelines about the crawl space next to the house. Mr. Kondrick asked how far over the planter boxes would be. Ms. Peabody stated that they put the retaining wall six feet away so the planter boxes will be about four feet away from the house. The house is on two feet of fill and sits on a slight hill. They might be able to drop off the fill sooner if not for the planter boxes that they need to stick closer to the house. They can then alleviate putting the dirt higher against the house. Shrubs would be used to minimize the appearance of the house about four wide and four feet high. Clay will be used on top of the fill so the water will run down easier and it will be a really dry house due to the tile arrangement and design. The planter boxes will have to have some holes in the sides to help them drain down over that one foot. If you use a certain kind of brick and bring the fill up to the top of that brick, the water will run right down and over it. A slightly higher shrub will be used right next to the planter box to help minimize the garage. Some brick will be used in front of the garage too. These plans could be submitted with added drainage along with the final plans for the permit. The issues with the drainage are really easy to work with. The planter boxes could be put into a certificate of occupancy to make sure they get done. Stipulation #6 states that a minimum of 5.5 inches for a maximum of 8 inches is required to separate the grade from the threshold. Could that be tied in with #3 or changed to show they are building the planter box farther away from the house? Mr. Hickok stated that change makes sense. Ms. Savage asked if there are any problems with the other stipulations. Ms. Peabody stated she did not think so. Stipulation #6 could be changed to state that along with submitting the permits, the new grading and drainage plan will be submitted including a plant box. #11 addressing the trees is not a problem because they are working on preserving all the trees on the lot, except one got hit by lightning last week and it has to come down anyway. The trees will be higher than the house. Jon Maloy, 8051 Broad Ave., stated that he has lived next to the property for 24 years. The water has never been a problem in 24 years. It is a nice flat lot and he cannot understand why they would not allow buildings on it. He does not understand the elevation of the house. Will there be stilts like in Florida? He has never seen fill there. Other than the flood plain, what is wrong with the lot? Mr. Kuechle stated that the regulations of how far the house has to be set up is not decided by the City of Fridley. Federal regulations mandate that, and they are trying to design the house to make it look as good as possible for the neighborhood. Mr. Maloy stated that the house on Dover Street belongs to a good friend of his; and he had a heck of a time getting that done, but it is beautifuL Mr. Kuechle stated that stipulation #6 could be changed to state as follows: "A suitable retaining wall plan shall be submitted before issuance of the permit." Mr. Hickok stated that it could be changed to say: "A suitable retaining wall plan shall be submitted and approved by staff prior to issuance of the permit." 0 PLANNING COMMISSION MEETING, DECEMBER 5, 2001 PAGE 5 Ms. Peabody stated that there could be a similar thing on #7. Mr. Kuechle stated that has to do with grading and drainage. MOTION by Mr. Kondrick, seconded by Ms. Johns, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON KUECHLE DECLARED THE MOTION CARRIED AND THE PUBLlC:HEARING lNAS CLOSED AT 7:55 P.M. Mr. Kuechle stated that the petitioners have done a good job of trying to make this plan fit the requirements and design it as well as possible. He would recommend approval. Mr. Kondrick stated he agreed. This should be a real nice house. Ms. Johns stated she agreed. The size of the house is not much of an issue with the tall trees and the planting proposed. Ms. Savage stated she also agreed. The house is permitted as long as the standards are met and it should be an attractive home. " MOTION by Mr. Kuechle, seconded by Ms. Johns, to recommend approval of SP #01-13 with the following stipulations 1. Prior to submittal of building plans, all structural and soil engineering shall be reviewed and approved by a structural engineer. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9 feet. 5. The petitioner shall flood-proof the garage in accordance with current Federal and state flood-proofing requirements to a minimum of the 100-year flood elevation. 6. A suitable retaining wall plan shall be submitted and approved by staff prior to issuance of the permit. 7. The petitioner shall submit new grading and drainage plans integrating the retaining walls on the east and west sides of the home. 8. The verifying survey shall confirm stipulation #7. (Note to surveyor: Hydrant elevation has changed since 1994, verify elevation.) 9. Erosion control measures shall be installed along all lot lines prior to any work done on this site. 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City staff prior to issuance of building permits. 12. The height of the structure shall not exceed 30 feet as measured from the top of the curb elevation. 13. Special use permit approval is dependent upon approval of variance, VAR #01-15. Mr. Kondrick asked about the variance required. 5 PLANNING COMMISSION MEETING, DECEMBER 5, 2001 PAGE 6 Ms. Stromberg stated the petitioners need a variance because they are not meeting the minimum square footage requirements for a split level home design. That is stipulation #13. The Appeals Commission will act on the variance on December 12. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated that this will go to City Council on December 17. Mr. Kondrick asked when building would begin. Ms. Peabody stated that it would probabfy be around the first of the new year. 2. RECEIVE THE MINUTES OF THE NOVEMBER 14, 2001, APPEALS COMMJSSION MEETING: MOTION by Ms. Jones, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE THE MINUTES OF THE NOVEMBER 5, 2001. PARKS AND RECREATION COMMISSION MEETING: MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to receive the minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. OTHER BUSINESS: Ms. Stromberg gave an update on the year of all the Planning Commission actions. There were four plats, 0 lot splits, 13 special use permits, and 7 zoning text amendments. The Planning Staff would like to thank the Planning Commission members for all their hard work this year. The December 19, 2001, meeting has been cancelled; the next meeting is January 2, 2002. Ms. Savage also thanked Planning staff for all their hard work. ADJOURNMENT: MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE DECEMBER 5, 2001, PLANNING COMMISSION WAS ADJOURNED AT 8:10 P.M. Re�pectfully submitted, ; l � � ',� '�-a�.-w-� �Sig e L. Joh " n �� Recording Secretary 0 � � CfTY OF FRIDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 December 17, 2001 William Burns, City Manager �� From: Scott Hickok, Community �evelopment Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Special Use Permit Request, SP #01-13, Troy and Anna Peabody M-01-187 INTRODUCTION The petitioners, Troy and Anna Peabody are requesting a special use permit to construct a home at 608 Cheryl Street, not elevated on fill, in the Flood Fringe District. PLANNING COMMISSION RECOMMENDATION At the December 5, 2001, Planning Commission meeting, a public hearing was held for SP #01-13. After a brief discussion, the Planning Commission recommended approval of the special use permit, SP #01-13, with a minor modification to stipulation #6, to incorporate the planter boxes the petitioners have chosen to use in front of their home. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. Prior to submittal of building plans, all structural and soil engineering shall be reviewed and approved by a structural engineer. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9 feet. 5. The petitioner shall flood-proof the garage in accordance with current Federal 7 e and State flood-proofing requirements to the minimum of the 100-year flood elevation. 6. Planter boxes shall be installed at least 4 feet from the home on both the east and west sides. They shall be reviewed and approved by city staff prior to issuance of any building permits. 7. The petitioner shall submit new grading and drainage plans integrating the planter boxes into the landscape areas on the east and west sides of the home. 8. The verifying survey shall confirm stipulation #7. (Note to Surveyor: hydrant elevation has changed since 1994, verify elevation) 9. Erosion control measures shall be installed along all lot lines prior to any work done on site. 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by city staff prior to issuance of building permits. 12. The height of the structure shall not exceed 30 feet as measured from the top of curb elevation. 13. Special Use Permit approval is dependent upon approval of Variance #01-15. � E;� City of Fridley Land Use Application SP #01-13 December 5, 2001 GENERAL INFORVIATION SPECI�L INFOR�IATION Applicant: Troy and Anna Peabody 591 Belland Avenue Vadnais Heights NIN 55127 Requested Action: To build a home in a Flood Fringe District. Peimit is specifically required for homes proposed to be elevated, but not built on fill. Existing Zoning: R-1 (Single Family Residential) Location: 608 Cheryl Street Size: 9,350 sq. ft. .21 acres Existing Land Use: Vacant lot. 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 Conformance: Ordinance #1056 requires a special use pemut for homes proposed to be elevated, but not built on fill. Zoning History: 1922 — Lot is platted. 1994 — SP #94-04 granted, but home never built. 1996 — SP #94-04 expired, due to adoption of the floodplain ordinance. Legal Descriprion of Property: Lots 29-31, Block X, River View Heights Public Utilities: Available in street. Transportation: Cheryl Street will provide access to proposed residence. Physical Characterisrics: Lot is relatively flat, typical suburban vegetarion. SUMI�L�RY OF PROJECT The petitioners, Mr. and �Irs. Peabody are requestinQ a special use permit to construct a home, not elevated on fill, in the Flood Fringe Distric�t. SUVL�If1RY OF Ai'YALYSIS Citv Staff recommends approval of this special a�se permit, rvith stipttlations. EIomes that are not elevated on fill are a permitted special use in the flood fi-inge district provided that all FEi�1A and State flood-proofing regulations and standards provided in Ordinance m 1056 are met. CITY COUIICIL ACTIO�I/ 60 DAY DATE Cit�� Council — December 17, 2001 60 Day — December 31, 2001 (Proposed Location of Home — Picture taken from Broad Avenue) Staff Report Prepared by: Stacy Stromberg SP #01-13 ANALYSIS The petitioners, Troy and Anna Peabody are seeking a special use permit to construct a home, not elevated on fill, in the Flood Fringe District. Ordinance #1056 states that a special use permit may be issued to construct a home using alternative elevation methods, such as a tuck under garage as in this case, provided that all living space is located at an elevation above the flood level. These alternative elevation methods must be designed and certified by a registered engineer or architect as being in compliance with applicable building codes, including federal standards for flooding. This vacant parcel is located on the corner of Cheryl Street and Broad Avenue. It is zoned, R-1, Single Family as are adjacent properties. The property meets city code requirements for lot size and width as the lot is 9,350 square feet and 85 feet wide. The petitioner has stated in their narrative submitted to city staff that they intend to keep the location of the structure primarily in the same location as was submitted in the 1994 survey. The northeast corner would remain the same, with the south wall of the structure six inches shorter and the west wall one foot longer. Left — View of Property from Broad Avenue Right — View of Property from Cheryl Street On this particular property, there can be no living area below 823.9 feet in elevation. The petitioners intend to place two feet of fill underneath the entire structure as well as extend the area of compacted fill a minimum of 15 feet surrounding the structure. By doing this the petitioners anticipate they will any avoid drainage problems and preserve many of the mature trees on the lot. The first floor living area will be located at 824.9 in elevation with the garage slab at the top of the two feet of fill, which will be waterproofed to meet all standards. To minimize the impacts of this new home on the neighborhood, City Staff has determined that retaining walls, landscaping and additional grading must be used on both east and west sides of the home to minimize the overpowering impacts of the added building height due to flood-proofing. 10 In 1994, this property was one of three properties, owned by George Hediund, that was granted a special use permit to allow construction in the CRP-2 (Flood Fringe) District. As with all special use permits, the City if obligated to review previously granted stipulations if the facts have changed to ensure compatibility. The applicable stipulations have been transferred to this special use permit along with current stipulations. RECOMMENDATIONS City Staff recommends approva! of this special use permit, with stipulations. Homes that are not elevated on fill are a permitted special use in the flood fringe district provided that all Federal and State flood-proofing and standards provided in Ordinance #1056 are met. STIPULATIONS Staff recommends approval of this special use permit with the following stipulations. 1. Prior to submittal of building plans, all structural and soil engineering shall be reviewed and approved by a structural engineer. 2. All necessary permits shall be obtained from the City prior to construction. 3. Siding and landscaping shall be used to minimize the impact of flood-proofing materials. 4. The petitioner shall submit an elevation certificate as part of a verifying survey prior to the foundation being capped, which shall verify that the minimum first floor elevation is 823.9 feet. 5. The petitioner shall flood-proof the garage in accordance with current Federal and State flood-proofing requirements to a minimum of the 100-year flood elevation. 6. Retaining walls shall be installed on the east and west side of the home, a minimum of 5'/z inches [maximum of 8 inches] is required to separate the grade from the threshold. 7. The petitioner shall submit new grading and drainage plans integrating the retaining walls on the east and west side of the home. 8. The verifying survey shall confirm stipulation #7. (Note to Surveyor: hydrant elevation has changed since 1994, verify elevation) 9. Erosion control measures shall be installed along all lot lines prior to any work done on this site. 10. The petitioner shall execute and record against the property a hold harmless agreement releasing the City from liability if damage occurs as a result of flooding. 11. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new home shall be marked and approved by City staff prior to issuance of building permits. 12. The height of the structure shall not exceed 30 feet as measured from the top of the curb elevation. 11 = AGENDA 1TEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 GTY OF FRIDLEY Date: December 12, 2001 � To: William Burns, City Manager ,/�� JI� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner Subject: Final Plat, PS #01-04, Sonja's Heather Hills Plat M-01-189 INTRODUCTION On September 19, 2001, the Planning Commission considered plat request PS #01-04, by Dale Andersen. Paul Hilborn and Dale Andersen are seeking to re-plat their properties in order to formally recognize, what they had perceived to be the lot line between their properties located at 1400 Kerry Circle and 6175 Heather Place. City Staff and the Planning Commission recommend approval of PS #01-04, with 1 stipulation. At the October 8, 2001, City Council meeting, the preliminary plat was approved. SUMMARY OF REQUEST Fridley City Code requires that lots in the R-1 zoning district be a minimum of 75 ft. in width with a minimum total lot area of 9,000 square feet. The proposed lots exceed all City Code size requirements. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #01-04, with the 1 stipulation listed below. STIPULATIONS 1. Petitioner shall provide all easements as shown on preliminary plat drawing. 12 City of Fridley Land Use Application PS-01-04 September 19, 2001 GENERAL INFORVIATION SPECIAL INFORVLATION Applicant: Dale Andersen Paul Hilborn 6175 Heather Place NE 1400 Kerry Circle Fridiey, M�( 55432 Fridley, �iN 55432 Requested Acrion: Replat of property to formally reco�ize perceived lot line. Exis�ting Zoning: R-1, One Family Residenrial Locarion: 6175 Heather Place & 1400 Kerry Circle. Size: 31,460 square feet .72 acres Existing Land Use: 2 homes exist on site Surrounding Land Use & Zoning: N: Single family home, R-1 E: Single family home, R-1 S: Single family home, R-1 W: Single family home, R-1 Comprehensive Plan Conformance: Use of properly is consistent with Plan. Zoning Ordinance Conformance: Both proposed lots exceed the City's minimum lot size standard. Zoning History: • 1974 — Heather Hills 2"d Addirion is platted. • 1975 — Home built at 1400 Kerry Circle. • 1982 — Heather Hills West is platted. • 1982 — Home built at 6175 Heather Place. Legal Descriprion of Property: Existing: Lot 5, Block l, Heather Hills 2nd Addition & Lot 9 Block 1, Heather Hills West. Proposed: Lot 1& Lot 2 of Sonja's Heather Hills. Council / 60 Day Acrion: October 8, 2001 / October 15, 2001 Public Utilities: Existing homes are connected. 13 Transportation: Homes will be accessed from Heather Place & Kerry Circle. Physical Characterisrics: Typical suburban residential landscape. SU1VlivIARY OF REQUEST Petitioners are seeking to formally reco�ize, what was erroneously perceived to be the lot line between their properties. SUlVI1VIARY OF Ai�1ALYSIS City Staff recommends approval of this plat request, with stipa�lations. • Proposed lots exceed the size standards required by the City of Fridley Zoning Code. ..-.:,:- ;., : ;.t> r � � � �.�� ; : k 4% 1; � � ' --r`; `. ~; .� '' %� w: a �� .� �� , � � � � '; � � � . �;a.. _ _ , '`4 1,. � 'a� , :� g T�#,<: Plat Staff Report Prepared by. Paul Bolin � PS 01-04 ANALYSIS Petitioners are seeking to formally recognize what was erroneously perceived to be the lot line between their properties. Both petitioners moved into their homes in 1999 and were under the assumption that the chain link fence separating their properties was the property line. The new plat, Sonja's Heather Hills, simply gives the petitioners an opportunity to correct the accidental encroachment of a retaining wall and plantings across the property lines. The petitioner's homes will continue to meet all setback requirements if the plat request is approved. RECOMMENDATIONS City Staff recommends approval of this preliminary plat 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 85' to 90' and in area from 18,000 square feet to 13,460 square feet. STIPULATIONS Staff recommends that the following stipulations be attached to the preliminary plat approval. 1. Petitioner shall provide all easements as shown on preliminary plat drawing. �._f�� G'."J � � - '. �� ...f__ "! F._� }��:� � , _ _ _ - . . . f � J . , �^ �� •�4�. ' � _ V. - . �. . : . � . , n5'} � -.�_ --. -. 1 . . _ . . . , _ _�. �' `ia .. = ri'�,. — � � , ` . 4 LOT 1 Lt�T 2 � • ° - ' �a r ,, • __ � _ .� _. �x � - - � � . . __ � ..�y \ _ \'� . . � f '' ' � �' - ` � . � � � � ,'-� . . -'\ h ` �,:. : �. � _ � . � ' . .=A'. �� . r� � .. = .. _ f �,"._ - .....- �� _- _ ' f __ �.�. � L} >°` , ,.. .. y .. _-`�.j . . "..ta -ey;. , �S7s�:i°5 0: 5 '` f �f __ _ .:, h " k. 1.' ..c.t°'"7 rz- . �^� :'s E '� � ' � x_ � ,�ii �..�i. '�q. t�`iY`�',.': ) ie-0i.A'FF� `L"� ..t.' �, . .4.. r 3. x s. i ":1'��"� i ...v, . . . . ... . , m.. 14 � Rl3SOLUTION NO. -2001 RESOLUTION APPROVING A PLAT, P.S. #01-04(SONJA'S HEATHER HILLS, BY DALE ANDERSEN AND PAUL HILBORN, TO REPLAT PROPERTY FOR THE PURPOSE OF FORMALLY RECOGNIZING WHAT WAS ERRONEOUSLY PERCEIVED TO BE THE LOT LINE BETWEEN THEIR PROPRTIES, LOCATED AT 6175 HEATHER PLACE NE AND 1400 ' KERRY CIRCLE. " WHEREAS, th.e Planning Commission held a public hearing on September 19, 2001, and recommended approval of said plat; and WHEREAS, th.e City Council approved the preliminary plat for Sonja's Heather Hills at their October 8, 2001, meeting with a stipulation attached as Exhibit A; and WHEREAS, a copy of the plat Sonja's Heather Hills has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for Sonja's Heather Hills and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th DAY OF DECEMBER, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK 15 SCOTT LUND - MAYOR � Page 2- Resolution -2001 - SONJA'S HEATHER HILLS PLAT EXHIBIT A 1. Petitioner shall provide all easements as shown on preliminary plat drawing. _ I EXHIBIT B See official plat map in your packets of the SONJA'S HEATHER HILLS PLAT. .� — ,,�, ;� _ � z rt �" ____ _ . . . _ ,�._ �.:, - _ .— __ - _ .� _ I _ _ , _ ,�� . -, —.-- - � - � _ �. . _ �� -` _ �, . ��": —�, ' S ' LOT; _ 1 LOT 2 ..=-�' ' <<< <� _ _ f,% J . . - .. t, .<F: _r-. r f_ a ' - . ..-_ - - �� , � . _ 1 1 � `�� r; . _ � t ~ _ _� �;' � ;; �.> �. t .. � _. ' �� .. � � — =, � � ��_ _— - _ � �r .� ��.. ..°` ", . x i . �,s„_x.�.-.,,,,., �'e;� i "� �-i„ P., _ '� �`�'" '� — F�:i�"z�.�.,�A .�..-.5� . ,. ��r.�,.i. , , . �, i ., .. _.�. � ..,� �`J � � � QTY OF FRIDLEY TO: FROM: DATE: SUBJ ECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 19, 2001 n William W. Burns, Ci Mana er �'�,� ty g �, Jon H. H` aukaas, Public Works Director November 1, 2001 DNR Grant for Flood Pumping Equipment PWO1-101 Our Public Works Superintendent, Paul Lawrence, submitted a grant application to the Minnesota Department of Natural Resources (DNR) for a Flood Hazard Mitigation 50% matching grant to fund a second and larger pump with automated controls for the Riverview Heights-Springbrook Creek pumping station. We have been notified by the MN DNR of the approval of that application. The additional pump will be sized to handle the full flow of Springbrook Creek even during storms. The automated controls will allow the station to be unmanned for the majority of the flood event. Based on our past history of overtime costs to man this area during flood events, this system will essentially recover its cost during its first use. The estimated cost for the entire system is �60,800. The MN DNR grant will fund 50% of this cost up to �30,400. We also have a Project Impact (FEMA) grant application for $18,000 for this project that we are still awaitina final approval on. �20,000 has been identified i� the Storm Water CIP for this project. Recommend the Ciry Council adopt the attached resolution authorizing the Director of Public Works to act as the City's agent to administer this grant. Recommend the City Council also approve the attached Flood Hazard Mitigation Grant Agreement between the State of Minnesota and the City of Fridley. JHH:cz Attachments 17 � RESOLUTION NO. - 2001 RESOLUTION AUTHORIZING THE EXECUTION OF A FLOOD HAZARD GRANT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE MINNESOTA DEPARTMENT OE NATURAL RESOURCES BE IT RESOLVED that the City of Fridley, hereinafter referred to as the "Applicant" act as legal sponsor for the project contained in the Flood Damage Reduction Grant Assistance Program Application to be submit*ed on September 25, 2001 and that the Director of Public Works is hereby authorized to apply for the Department of Natural Resources for funding of this project on behalf of the Applicant. BE IT FURTHER RESOLVED that the Applicant has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to ensure adequate acquisition, maintenance and protection of the proposed project. BE IT FURTHER RESOLVED that the Applicant has not incurred any costs, and has not entered into any written agreements to purchase property proposed by this project. BE IT FURTHER RESOLVED that the Applicant has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, the Applicant may enter into an agreement with the State of Minnesota for the above-references project, and that the Applicant certifies that it will comply with all applicable laws and regulations as stated in the contract agreement. NOW, THEREFORE, BE IT RESOLVED THAT, the City Council of the Ci�y of Fridley, Anoka County, Minnesota, authorizes the Director of Public Works to execute such agreements as are necessary to implement the project on behalf of the Applicant. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 19TH DAY OF DECEMBER, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND, MAYOR � • e� FLOOD HAZARD MITIGATION GRANT AGREEMENT BETWEEN THE STATE OF MINNESOTA � AND THE CITY OF FRIDLEY THIS Grant is made between the State of Minnesota, acting by and through its Commissioner of I�atural Resources (hereinafter the "State"} and the City of Fridley (hereinafter the "Grantee"). WHEREAS. the State is authorized by Minnesota Statutes Section 103F.161 to provide flood hazard mitigation grenu to local uniu of govemment to conduct flood plain damage reduction studies and/or plan and implement flood mitigation measures; and WHEREAS, the Grantee has submitted an application to the State for a flood hazard mitigation grant; and WHEREAS, the State has determined that the Grantee should receive flood harard mitigation assistance; and WHEREAS, the Grantee represenu that it is duly qualified and willing to perform the services set forth herein. NOW THEREFORE, it is a�seed between the State and the Grantee as follows: l.0 AMOUNT OF GRANT 1.1 STATE SHARE The State shall award the Grantee fifty percent (50%) of the total cosu of the approved Project as identified in Section 2.1 (hereinafter "Project"), or 530,400.00, whichever is less, fa the o�su authoriud herein. The total obligation of the State fa all compensation and reimbunements to Grantee under this Grant shall not exceed 530,400.00. 1.2 GRANTEE SHARE The Grantee is required to match the State share of the oosu of the Project. In-ldnd servicxs by the Grantce can oonstitute s1! or part of the Grantee's required share of o�su provided that proper da.'umentation of the in-kind services is provided to, and approved by,the State. 2.0 AUTHORIZED PROJECT 2.1 PROJECT PLAN The proceeds of this Grant are to be used solely for the Project, which is desaibed in Exhibit A, attached hereto. A detailed description of the nature and scope of the Projecx is descxibed in the Grant Application dated September 25, 2001, and as subsequenNy amended or revised, which is incorporated hercin by ceferena. The Grantee agees W take "bef�e and after" photographs of the Projecx and provide them to the State. 2.2 ADMIMSTRATION AIYD SUPERVISION The Grantce shall be responsible for the adminisaation, supervision, management and P%jxt oversight that may be required for the work performed ander this Grant. � 3.0 ACKNOWLEDGMENTS The Grantee agrees to acla�owledge the State's financiat support for the Project. Any statement, press release, bid, solicitation. or other documrnt issued describing the Project shall provide information reflecting that State funds were used to support the Project and will contain the following language: This Project is made possible in part by a gant provided by the Minnesoca Departrnent of Natural Resources, through an appropriation by the Minnesota State L,egislature. Any site developed or improved by the Project shall display a sign, in a form approved by the State, stating the same informa[ion. I 19 4.0 CONTACT PERSONS � The State's authorized agent for the purpose of administration of this Grant is: Ed Fick, FDR Hydrologist Minnesota DNR Waters 500 Lafayette Road, St. Paul, MN SS 155-4032 (651)215-(954 The Grantee's authorized agent for the purpose of adminisuation of this Grant is: Jon Haukaas, Directer of Public Works City of Fridley 6431 University Avenue, NE Fridley, MN 55432 (763)571-1287 S.0 COSTS 5.1 ELIGIBLE COSTS Eligible cosu are those cosu directly incurred by the Grantee that are solely rclated to and necessary for producing the work producu described in the Project Plan. Eligible cosu may include the following: 5.1.1 Advertising oosu for bids and proposals; 5.1.2 Capital expenditures for facitities, equipment and other capital assets as expressly approved in the Projxt Plan; 5.1.3 Materials and supplies; . 5.1.4 Architectural and engineering services; 5.1.5 Conswction management and inspection services; 5.1.6 Surveys and soil borings; 5.1.7 Actua! construdion of the Projed; a . 5.1.8 Travel, lodging and meal expenges of persons involved in the Projax in the same manner and in no geater amount than provided for in the wrrent "Commissionei's Plan" promulgated by the Commissioner of Emplo,vee Relations. Certain other types of oosu may be eligible provided that they are (1) directly incurred by the Grantee; (2) ace solely relazed to, and necessary for, producing the work products deseribed in the Projecx Plan; and (3) have prior written approval of the State. Any cost not de8ned as an eligible cost or not included in the Projax Plan shall not be paid from State funds committed to the Projed. SZ NOIYELIGIBLE COST'S Noneli�ble cosu for reimbursement means all cosu not defined as eligible costs, including but not limited to the following: � 5.2.1 Any oosu incurred before the effective date of this Grant; 5.2.2 Fund raisin� 5.23 Taxes, exctpt sales tax on goods and services; 5.2.4 Insurance, except title insurance; 5.2.5 Attorney fees; except for acquisition and clearing title to land; 5.2.6 L.oans, granu, or subsidies to persons or entities for development; 5.2.7 Bad debu or contingency funds; 5.2.8 Interesr, 5.2.9 Lobbyists; and 5.2.10 Political contributions. LO 6.0 PAYMENT OF GRANT MOHIES 6.1 REIMBURSEMENT � To obtain reimbunement for eligible costs under this Grant, the Grantee shall provide the State with invoices and evidence that the portion of the Project for which payment is requested has been satisfactorily completed. A11 invoices shall be sent to the person designated in Seccion 4.0 herein above. Grantee shall submit invoices and evidence that any and all advance payments have been spent prior to requesting additional payments by the State. Invoices will be submitted for double the amount and should differentiate, whrn applirable, between the Federal and Non-Federal Project oosts, as wetl as the State and laxl share of the Project costs. No facsimiles will be accepted. Invoices must be roceived by the State within sixry (60) days after the completion of the Project or the expiration of this Grant as set forth in Section 1 l. l herein below, whichever occurs finG Invoices received after that date will not be eli�ble for reimbursement. The State's authoriud agent hac final authority for acceptancx of Grantee's services, determination as to whether the expenditures are eligible for reimbursement under this Grant, and verification of the total amount requested. The Grantee shall not receive payment for work found by the State to be unsatisfactory, or performed in violation of federal, state or local law, ordinana, rule or regulation. No more than ninety (90) percxnt of the State's share of [he cost shall be paid by the State until the State has determined that the Granta has satisfactorily fulfilled all of the terms of this Grant. The Grantee shall arrange for a tour of the Project areas prior to release of the final ten (10) perant of the funds. 7.0 ACCOUNTING AND AUD[T The Grantee shall maintain books, records, documenu, and other evidence pertaining to the oosts and expenses of implementing this Grant to the extent and in such detail that will accurately reflect the total cost of the Project. The Grantee shall use generally accepted accounting principles. All remrds shall be retained for five (5) years after oompletion of the Projax. The State, iu representative, or the legislative suditor shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices relevant to the Cmant. 8.0 AMERICANS WITH DISABILITY ACT AND HUMAN RIGHT'S The Grantee, in the conduct of the Project, shall oomply with the Americans with Disabilities Act of 1990 (P.4 100-336), Minnesota Statutes Chapter 363 (the Minnesota Human Rigfiu Ad), and Minnesota Statutes, Sedions 181.59-60 and all applicable rules and subsequent amendments. 9.0 WORKERS C011�ENSA'TION The Grantce in the oonduct of the Projax shatl canply with the provisions for workers oomptnsation in Minnesota Statutes. Section 176.181 Subdivision 1 and Section 176.182. 10.0 LIAB[LITY The Grantee agrees to indemr►ify and save and hold harmless the State. its agents and ecnployees from any and all ctaims or c�uses of action arising &om performance of this Grant by the Grantee, iu agents , contractors ar employees. This clause �shall not be oauuued to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this Grant. �i��i�L�:�u'I l l.l EFFECTIVE DATE This Grant shall bemme legally effective upon such date as it is executed by the Department of Natural Resources and shall remain in effect until December 31, 2003 or until all obligations set forth in this Grant have been satisfactorily fulfilled. whichever occurs first. 21 11.2 TERMINATION 4 This Grant may be terminated by the State or the Grantee at any time with or without cause upon thirty (30) days written notice to the other party. In the event of such a cancellation, the Crrantee shall be entitled to payment determined on a pro rata basis for work or services satisfactorily perfortned. 1 t.3 AMEtYDMENTS � This Grant may be amended in writing by the mutual consent of the State and the Grantee. 12.0 ASSIGNMENT The Grantee shall neither assign nor transfer any rights or obligations under this agreement without the prior written consent of the State. 13.0 ANTI-TRUST PROVIS[ON The Grantee hereby assig�s to the State of Minnesota any and all claims for overcharges as to goods and/or services provided in connection with the Grant resulting from antitrust violations which arise under the antitrust laws of the United States and the antitrust Iaws of the State of Minnesota. 14.0 CHOICE OF LAW All matters relating to the performance of this Grant shall be controlled by and determined in acoordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the pazdes have caused this Grant Agreernent to be duly executed intending to be bound thereby. 1. GRANTEE Br• Title: Date: Br• Title: Date: A certified copy of the Grantee's Resolution unconditionally approving this Grant Ageement is artached as Exhibit B. x��-...�� _ Z. STATE OF MINNNESOTA ACTING BY AND THROUGH ITS COMMISSIONER OF NATURAL RESOURCES ' sy: Title: Date: By: Title: Date: This form has been approved by ihe Attorney General's Office. �Z � .� Eahibit A The grantee shall purchase s 100 horsepower 30.inc6 diameter and permanently install it in the flood control structure at the Springbrook Creek outlet to t6e Mississippi River. Also included will be automsted controls which redace t6e required 24 hour staffing required during flood events. All project eipenses not identi5ed in Grant Application dated September 25, 2001, and as subsequentty amended, and in Ez6ibit A of this Agreement, must be approved by the State in wriNng rior to the Grantee iacnrring said ezpeasa 5 23 t � � CRIf OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 TO: William W. Burns, City Manager FROM: Jon H. Ha� as, Public Works Director DATE: SUBJECT December 13, 2001 2002 TriCity GIS Contract PWOl-112 Attached is the 2002 TriCity GIS contract with P1anSight LLC. The only change from last year is a three percent (3%) cost of living increase added to the contract. Recommend the City Council approve the contract with PlanSight LLC. Upon approval by the three involved City Councils, original contracts will be circulated for proper signature. JHH:cz Attachment 24 � CONSULTING SERVICES AGREEMENT This Contract is made and entered into between the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City" and P1anSight �L�', Suite 2D, 2179 Fourth Street, White Bear Lake, Minnesota, 55110, hereinafter "Contractor". WHEREAS, Tri-City requires services to be provided for the staffing of a GIS Range Rider to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 2002 to and including December 31, 2002 unless earlier terminated by law or according to the provisions of this Contract. 2. C'ONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor shall provide the following services generally described as: Sixty-Six and Two-Thirds weeks (Person Hour Equivalents) of full time onsite GIS technical assistance to the communities of Fridley, Andover and Columbia Heights. The services will be in the form of one or more GIS Range Riders that would spend approximately 82 1 25 hours per month per city in Andover and Fridley, respectively, and approximately 54 hours per month in.the City of Columbia Heights over the course of the Contract. 2.2 Conformance to Specification. Services provided shall meet or exceed the tasks outlined in the Tri- City GIS Technical Assistance Request for Proposal set out in Exhibit A which is attached hereto and incorporated herein by reference. 3. PAYMENT 3.1 Total Cost. The total amount to be paid by Tri-City pursuant to this Contract shall be: $69,504.°—° (Andover-$26,064.°—°, Fridley-$26,064.°—°, Columbia Heights- $17,376.00� 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice and request for payment on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, � the dates of the performance period covered by the invoice. 3.3 Time of Payment. Tri-City shall make payment to Contractor within thirty-five (35) days of the date on which the invoice is received. If the invoice is incorrect, defective, or otherwise improper, Tri-City will notify �1•] Contractor within ten (10) days of receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, Tri-City will make payment within thirty-five (35) days. 3.4 Payment of Unauthorized Claims. Tri-City may refuse to pay any claim which is not specifically authorized by this Contract. Payment of a claim shall not preclude Tri-City from questioning the propriety of the claim. Tri-City reserves the right to offset any overpayment or disallowance of claim by reducing future payments. 4. COMPLIANCE WITH LAWS/STANDARDS 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for which Contractor is responsible. 4.2 Minnesota Law to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Contract shall be venued in the State of Minnesota. 5. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled 3 27 to receive any of the benefits received by Tri-City employees and is not eligible for workers' or unemployment compensation benefits. Contractor acknowledges and agrees that no withholding or deduction for State or Federal income taxes, FICA, FUTA, or otherwise, will be made form the payments due Contractor and that it is Contractor's sole obligation to comply with the applicable provisions of all Federal and State tax laws. 6. INDEMNIFICATION Any and all claims that arise or may arise on behalf of Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees while engaged in the performance of the Contract shall in no way be the obligation or responsibility of Tri-City. Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. 7. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such 4 28 policy shall not be canceled by the issuing insurance company without at least ten (10) days written notice to Tri-City of intent to cancel. 7.2 Covera�e. _ The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall ' include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: $200,000 per person $600,Q00 per occurrence B) Workers' Compensation If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. 7.3 Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. 7.4 Failure to Provide Proof of Insurance. Tri-City may withhold payments or immediately terminate this Contractor or failure of Contractor to furnish proof of insurance coverage or to comply with the insurance requirements as stated above. 5 29 7.5 Non-waiver. Nothing in this Contract shall constitute a waiver by Tri-City of any statutory limits or exceptions on liability. 8. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. 9. DEFAULT 9.1 Inability to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to, or reasonably believes it is going to be unable to, provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. 9.2 Duty to Miti�ate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. 10. TERMINATION - 10.1 With or Without Cause. This Contract may be terminated, with or without cause, by Tri-City upon thirty (30) days written notice. 6 30 10.2 Notice of Default. Either party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 Failure to Cure. If the party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be authorized by the party giving notice, then the whole or any part of this Contract may be terminated by written notice. 10.4 Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the authorized agent of the party. Notice of Termination is deemed effective upon delivery to the address of the party as stated in paragraph 12. 10.5 Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. 11. CONTRACT RIGHTS/REMEDIES 11.1 Ri�hts Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 7 31 11.2 Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be such in writing and signed by authorized representatives of Tri-city and contractor. 12. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: Jerry Happel Suite 2D 2179 Fourth Street. White Bear Lake, MN 55110 Fridley: Director of Public Works City of Fridley 6431 University Avenue NE Fridley, MN 55432 Andover: City Engineer City of Andover 1685 Crosstown Blvd Andover, MN 55304 Columbia Heights: Public Works Director City of Columbia Heights 637 — 38tn Avenue NE Columbia Heights, MN 55421 8 32 � 13. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14. SEVERABILITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either Pai'�J'• 15. MERGER 15.1 Final A�reement. This Contract is the final statement of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, warranties, or stipulations, either oral or written, not herein contained. � 9 33 IN WITNESS WHEREOF, the parties hereto have eacecuted this Contract on the date(s) indicated below. CONTRACTOR TRI-CITY GIS ORGANIZATION By: Title: Date: 10 34 By: Title: Date: By: Title: Date: By: Title: Date: � � � GTY OF FRIDLEY • TO: FRON1: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 '� WILLIAM W. BURNS, CITY MANAGER � CHUCK MCKUSICK, FIRE CHIEF DECEMBER 13, 2001 HILLTOP FIRE PROTECTION CONTRACT Attached for Council approval and signature by the Mayor and City Manager is a two-year agreement for fire suppression, fire code compliance inspection, and arson investigation services to the City of Hilltop. Rates were increased 4% for all services. All other terms are the same as our current two- year contract that was approved by the Council at its October 25, 1999, meeting. The new contract is for the period January 2, 2002, through December 31, 2003. Attachment 35 � JOINT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE CITY OF HILLTOP CONCERNING CONTRACT FOR FIRE FIGHTING SERVICE This Agreement, made and entered into by and befinreen the City of Fridley, _ hereinafter referred to as "Fridley", and the City of Hilltop, hereinafter referred to as "Hiiltop"; WITNESSETH; WHEREAS, Fridley has fire fighting equipment suitable for use in the protection of property against loss from fire; and Hilltop has no adequate fire fighting equipment of its own, and desires to obtain the use of Fridley equipment, and the services of its fire fighters (when possible for Fridley to fumish 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 services in the following amounts covering the periods corresponding thereto as follows: January 1, 2002 — December 31, 2002 $23,920.00 January 1, 2003 — December 31, 2003 $23,920.00 36 SECTION III That during the two-year term hereof, an additional sum for each fire cali trip of Two Hundred Seventy and no/100 Dollars ($270.00) will be paid to Fridley by Hilitop, and Two - Hundred Seventy and no/100 Dollars ($270.00) per hour for each hour or fraction thereof _ for all time beyond two hours; said time to cease when the equipment and fire fighters are back in the Fridley fire station and ready to respond to subsequent fire cails. SECTION IV That two times per year, during the months of April and September, Fridley shali conduct inspections of industrial, commercial and multiple dwelling properties in Hilltop and forward written reports of these inspections to Hilltop. As and for compensation for inspection services, Hilltop shall pay Fridley an annual fee of Eight Hundred and no/100 Dollars ($832.00) to be billed on a semi-annual basis of two (2) installments of Four Hundred and no/100 Dollars ($416.00) each. SECTION V That where deemed 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, plus expenses - incurred by Fridley for gathering and processing evidence. Fridley shall notify Hilltop in _ advance should estimated arson investigation services and expenses exceed Five Hundred and no/100 Dollars ($500.00) per investigation. -2- 37 SECTION VI That payments of the fees under the terms of this contract shall be due and payable by Hiiltop to Fridley as follows: A. The annuai flat fee shall be paid by Hilitop to Fridley in two equal - installments, payable July 31 and December 31 of the current contract years. _ B. Fire call fees shall be due and payable by Hilltop to Fridley on a quarterly basis. C. Semi-annual inspection fees shall be due and payable by Hilttop to Fridley within forty-five (45) days of receipt of invoicing by Fridley for said completed semi-annual inspection. Arson investigation 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 direction of its use at the scene of the fire, together with its fire fighters, shall be under the complete charge of the Fire Chief of Fridley (if the chief is present, otherwise the next in command or agent). The question of e 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 unavailable by the Fire Chief, next in command or agent. In -3- 38 the event that the Fire Chief or next in command determines that Fridley equipment to be insufficient to fight a fire or fires in Hilltop, necessitating the need to commit equipment of a pact partner community, Hilltop agrees to pay an additional sum of Two Hundred and Seventy and no/100 Dollars ($270.00) to Fridley to be used by Fridley for payment to the _ pact partner community for the purpose of defraying the expense of that pact partner community incurred through responding to a Hilltop fire. SECTION VIII That Fridley shall act in good faith in sending its equipment and fire fighters 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 obligated to send said equipment 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 unfavorable, 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 corporate limits of Fridley during the time such equipment and fire fighters are traveling to said fire, or while they are 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 Fridley, provided in the judgment of the Fire Chief or the next in command or agent of Fridley, such action is necessary and advisable. -4- 39 SECTION IX That this Agreement contains the entire agreement of Fridley and Hilltop and no representations, inducements, promises of any other agreements, oral or othen�vise, not - embodied herein, shall be of any force or effect. SECTION X That this Agreement is for a term of two (2) years beginning January 1, 2000, and shall remain in effect until December 31, 2001. Either party may terminate this Agreement effective the annual anniversary date of December 31, upon six (6) months prior written notification to the other party. That Fridley may terminate this Agreement upon sixty (60) days' written notice if the semi-annual fee required to be paid by Hilltop has not been received by Fridley during normal 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 Agreement can be terminated upon five (5) months' 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. -5- 40 e Dated this day of December, 2001. Witnesses to City of Fridiey CtTY OF FRIDLEY Mayor City Manager Witnesses to City of Hilltop CITY OF HILLTOP Mayor City Clerk -6- 41 � � CRY OF FRIDLEY TO: FROM: DATE: SUBJECT: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 rM William W. Burns, City Manager �,��,� Connie Thompson, Senior Program Supervisor December 13, 2001 Senior Companion Program Introduction In the past the City of Fridley Senior Program has received Community Development Block Grant (CDBG) Funds to administer our Senior Companion program. Due to the County's administering of the Public Service portion of the CDBG funds, the cities of Fridley and Coon Rapids made a joint request for funding in 2002-2003. This arrangement was received favorably last year and since it appears to have worked well for both parties, we would like Council's approval to proceed with a similar application. Discussion Until 2001-2002, the Cities of Fridley and Coon Rapids received CDBG funds directory for the Senior Companion Program. Beginning with the program year 2001-2002, Fridley and Coon Rapids made a joint request based on the application requirement from Anoka County that "applicants must request a minimum of $5,000 in funding." Neither applicant had needs to support more that a$4,000 request. The current joint agreement between the cities of Fridley and Coon Rapids states that Fridley will apply for the funding on behalf of both cities and disperse funds when received. Recommendation to City Council Authorize the Fridley Senior Program to apply for CDBG funding for the year 2002-2003 Respectfully submitted Connie Thompson Senior Program Supervisor 42 � � CRY OF FRIDLEY _ To: From Date: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 William W. Burns, City Manager � 1° �� Y Deborah K. Dahl, Human Resources Director� December 1 l, 2001 Re: Compensation Adjustments In order to prepare the final figures for the Personal Services portion of the 2002 budget, it will be necessary for the City Council to approve any adjustments to salaries, benefits and other forms of compensation for 2002. I recommend the following for full and part-time City employees: 1. A general increase of 4.0 percent in salaries. 2. An increase of 4.0 percent in automobile allowances, where applicable. Please present the attached resolution to the City Council at their December 17, 2001, meeting. Thank you for your attention to this matter. /rsc Attachment 43 � RESOLUTION NO. - 2001 RESOLUTION AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2002 CALENDAR YEAR WHEREAS, it is the intention of the Fridley City Council to provide fair and equitable compensation to Fridley City Employees within budgetary constraints; and WHEREAS, the City of Fridley intends to comply with the Minnesota Local Government Pay Equity Act; and WHEREAS, the City Council and City Staff have reviewed the City's financiat position as well as economic indicators and compensation adjustments by comparable employers; and WHEREAS, an adjustment of employee salaries and benefits is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following adjustments and changes be authorized for employees of the City of Fridley, effective January 1, 2002: 1. A general increase of 4.0 percent in employee salaries. 2. An increase of 4.0 percent in automobile allowances, where applicable. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER, 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK SCOTT J. LUND - MAYOR I. .1 � � a CfTY OF FRIDLEY Name Mary Smith AGENDA ITEM C1TY COUNCIL MEETING OF DECEMBER 17, 2001 Position Assessor Exempt Appointment Starting Salary $27.20 per hour 45 Starting Date Dec. 18, 2001 Replaces Edward Hervin � � � AGENDA ITEM cmroF COUNCIL MEETING OF DECEMBER 17, 2001 FRIDLEY CLAIMS 102762-�03036 :. � �° _ , . � � City of Fridle AGENDAITEM City Councii Meeting Of Monday, December 17, 2001 � Gas Services Midwest Maintenance & Mechanicai 710 Pennsylvania Ave S STE B Jeff Rieger Minneapolis MN 55426- Northern Heating 8� AC Inc 901 W Hwy 10 STE 106 Brad Peet Anoka MN 55303 Plymouth Plumbing 8 Heating 6909 Winnetka Ave N Kent Johnston Brooklyn Park MN 55428- General Contractor-Commercial Grace Lutheran Church 460 75 Avenue NE Allen Rosendahl Fridley MN 55432- General Contractor-Residential Bisciglia Construction (1848) 127 E Co Rd C STE 3 Joseph Conley St Paul MN 55117- Miller Ron Construction Inc (6354) 5316 Matterhorn Dr NE Ron Miller Fridley MN 55421 Northridge Homes Inc (20093315) 1161 Hwy 10 NE Jay Kendall Spring Lake Park MN 55432- Sawhorse Inc (2382) 4740 42 Ave N David Dahl Robbinsdale MN 55422- 47 Apnroved Bv: Ron Julkowski Building Official Ron Julkowski Ron Julkowski Building Official Ron Julkowski Building Official State of MN State of MN State of MN State of MN � Heatina Heins Paul Construction 21124 Horseshow Trail Corcoran MN 55340- No�thern Heating & AC Inc 901 W Hwy 10 STE 106 Anoka MN 55303 Peak Mechanical 33 5 Ave NW New Brighton MN 55112 Plymouth Plumbing & Heating 6909 Winnetka Ave N Brooklyn Park MN 55428- Plumbina Crosstown Plumbing Inc 16530 105 Ave N Maple Grove MN 55369 Heins Paul Construction 21124 Horseshoe Trail Corcoran MN 55340- Molskness Plumbing 3131 161 Ave NW Andover MN 55304- Swanson & Schiager Plumbing 17741 Jamaica Circle Lakeville MN 55044-9520 � Dwayne Heins Brad Peet Doug Holm Kent Johnston Alvin Tonn Dwayne Heins Chad Molskness Brian Swanson I. •� Anproved Bv: Ron Julkowski Building Official Ron Julkowski Ron Julkowski Ron Julkowski Building Official State of MN State of MN State of MN State of MN 0 �. � CITY OF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 ESTIMATES Ron Kassa Construction 6005 — 250�' Street East Elko, MN �5020 Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 FINAL ESTIMATE ................................................... , • ....................:.............. $ 4,545.08 � CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT ENGINEERING DMSION 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. Fridley, MN 55432 Council Members: December 17, 2001 CERTIFICATE OF THE ENGINEER We hereby submit the Final Estimate for Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338, for Ron Kassa Construction, 6005 250`� Street East, Elko, NIN 55020. We have viewed the work under contract for the construction of Project No. 338 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 December 14, 2001. Respectfully submitted, Jon H. Haukaas Director of Public Works JT:cz Prepared by: Checked by: 50 December 17, 2001 To: Public Works Director City of Fridley REPORT ON FINAL INSPECTION FOR CITY OF FRIDLEY Miscellaneous Concrete Curb and Gutter and Sidewalk Project No. 338 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 ESTIMATE for the contractor and the one-year maintenance bond, starting from the day of the final inspection that being December 14, 2001. Jon Thompson, Construction Inspector Contractor Representative, (Title) 51 � December 17, 2001 City of Fridley NIISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 338 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 $37,101.90 and the fnal payment of $4,545.08 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. Ron Kassa Construction Ron Kassa, President 52 � December 17, 2001 City of Fridley MISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 338 PREVAILING WAGE VERIFICATION This is to certify that Ron Kassa Construction has abided by the Prevailing Wage Provisions as specified by the Minnesota Department of Labor and Indushy for Anoka County. I declare under the penalties of perjury that this statement is just and correct. Ron Kassa Construction Ron Kassa, President 53 CITY OF FRIDLEY PUBLIC WORKS DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 FROM: City of Fridley Engineering Division Estimate No. FINAL Period Ending: December 11, 2001 TO: Honorable Mayor and City Council FOR: Ron Kassa Construction Ciry of Fridley 6005 250th Street East 6431 University Ave, NE Elko MN 55020 Fridley, MN 55432 Dated: December 17, 2001 MISCELLANEOUS CONCRETE CURB AND GUTTER AND SIDEWALK PROJECT NO. 338 Job Code: STATEMENT OF WORK Quantity Cost Total Total Estimated Unit This This Quantity Cost Contract Item Quanti Unit Price Estimate Estimate To Date To Date Remove and replace concrete curb & gutter 2,500 LF 15.56 100.00 1,556.00 1,740.00 27,074.40 Remoce & replace concrete curb & gutter 150 LF 17.34 0.00 0.00 0.00 0.00 (same as Item #1 but less than 85 LF) Construct 5 ft. wide, 4 in. thick sidewalk 4,500 SF 2.86 446.00 1,275.56 2,685.00 7,679.10 Install 36 in. x 6 in. concrete valley gutter spillways 125 LF 10.30 0.00 0.00 228.00 2,348.40 SUBTOTAL $2,831.56 TOTAL SUMMARY Original Contract Amount Contract additions: Contract deductions: Revised contract amount Value Completed To Date Amount Retained (0%) Less Amount Paid Previously AMOUNT DUE THIS ESTIMATE $55,628.25 0.00 37,101.90 0.00 32,556.82 $4,545.08 54 $37,101.90 �1 �:on Kassa Consturction '�01 Miscei. Concrete Curb and Gutter 8 Sidewalk Project No. 338 astimate No. FINAL >$age 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 quantities on the final estimate are correct), 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 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 FRIDLEY, INSPECTOR By Checked By 55 Date Respectfully Submitted, Jon H. Haukaas ESTIMATE WORKSHEET FOR: 2000 MISCEL. CONCRETE CURB GUTTER 8� SIDEWALK, PROJECT N0. 338 CITY OF FRIDLEY, ENGINEERING DEPARTMENT 6431 UNIVERSITY AVENUE N.E. FRIDLEY, MN. 55432 ESTIMATE N0. FINAL FOR: Ron Kassa Construction 6005 250th St E Eiko MN 55020 DATE: December 17, 2001 Contract item Street Water Sewer Escrow Parks HRA Total #181 #408 #438 #596 FT FT FT, $ FT, $ FT, $ FT, $ $ $ $ 1. Remove and Replace Concrete Curb & Gutter Quantity this Estimate 0.00 0.00 0.00 t00.00 0.00 0.00 100.00 Amount this Estimate 0.00 0.00 0.00 1,556.00 0.00 0.00 1,556.00 Total Quantity 1,332.00 50.00 50.00 308.00 0.00 0.00 1,740.00 Total 20,725.92 778.00 778.00 4,792.48 0.00 0.00 27,074.40 2. Remove and Replace Concrete Curb & Gutter (less than 85 lineal feet) Quantity this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Amount this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quantity 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3. Construct 5 ft wide, 4 in. thick) Sidewalk Quantity this Estimate 446.00 0.00 0.00 0.00 0.00 0.00 446.00 Amount this Estimate 1,275.56 0.00 0.00 0.00 0.00 0.00 1,275.56 Total Quantity 1,865.00 758.00 0.00 62.00 0.00 0.00 2,685.00 Total 5,333.90 2,167.88 0.00 177.32 0.00 0.00 7,679.10 4. Install 36 in. x 6 in. Concrete Valley Gutter Spillways Quantity this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Amount this Estimate 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Quantity 228.00 0.00 0.00 0.00 0.00 0.00 228.00 Total 2,348.40 0.00 0.00 0.00 0.00 0.00 2,348.40 Totals This Estimate $1,275.56 $0.00 $0.00 $1,556.00 $0.00 $0.00 $2,831.56 TOTAL $28,408.22 $2,945.88 $778.00 $4,969.80 $0.00 $0.00 $37,101.90 THE FOLLOWING AMOUNTS ARE TO BE CHARGED TO EACH ACCOUNT FOR THIS ESTIMATE: Street (101-06-68-435-4340-6351) Water (601-73-00-415-4340) Sewer (602-78-00-415-4340) Park (408-00-07�15�530-4091) HRA (236-37-00�15�340) Escrow (501-00-00�15-4340) 5% Street (101-06-68-435-4340-6351) Amount Due This Payment 2,989.08 0.00 0.00 0.00 0.00 1,556.00 0.00 5.08 � / � CRY OF FRIDLEY TO: • FROM DATE: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 17, 2001 � � g ��4:. William W. Burns, Ci Mana er �' � Jon H.'Haukaas, Acting Public Works Director December 10, 2001 PWOI-109 SUBJECT: Public Hearing on Edge Water Neighborhood Street Improvement Project No. ST. 2002 -1 A neighborhood meeting was held on June 7, 2001 for the residents affected by the Edge Water Neighborhood Street Improvement Project. Six people attended this meeting. The project and proposed assessments were e�lained at that time. Assessments for this project are set at a not-to- exceed price of $15.00 per �ont lineal foot for those properties. The public hearing for the Edge Water Street Improvement Project No. ST. 2002 - 1 was set for December 17, 2001 by the City Council at their November 19, 2001 meeting. JHH:cz 57 � / AGENDA ITEM � COUNCIL MEETING OF DECEMBER 17, 2001 CfTY OF FRIDLEY TO: WILLIAM W. BURNS, CITY MANAGER�� FROM: RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION CERTIFYING THE FINAL TAX LEVY FOR 2002 TO THE COUNTY OF ANOKA DATE: NOVEMBER 21, 2001 In conformance with Minnesota Statutes Chapter 275.07, subd. 1 attached is a resolution certifing the final tax levy requirements to the Anoka County Auditor. Chapter 275.07 requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December 20th. The final tax levy for 2002 is $5,613,131 compared to $4,205,000 for 2001. We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the final budget. RDP/ce Attachment : RESOLUTION NO. _ - 2001 A RESOLUTION CERTIFYING THE FINAL TAX LEVY REQUIREMENTS FOR 2002 TO THE COUNTY OF ANOKA WHEREAS, Section 7.02 of the Fridley City Charter grants the city the power to raise money by taxation pursuant to the laws of the State of Minnesota; and - WHEREAS, Minnesota Statue Section 275.07 requires the city to certify its tax levy requirements to the county auditor. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Fridley hereby certifies to the County Auditor of the County of Anoka, State of Minnesota, the following tax levy to be levied in 2001 for the year 2002. GENERAL FUND General Fund � 5,507,313 CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division �,718 AGENCY FUND Six Cities Watershed Management Organizarion 6,200 Stonybrook Creek Sub-Watershed District g,9� TOTAL ALL FUNDS 0 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17Tx DAY OF DECEMBER 2001. ATTEST: Debra A. Skogen - City Clerk 0 • � J Scott J. Lund - Mayor � � � CffY OF FRIDLEY � FRONI: AGENDA ITEM COUNCIL MEETING OF DECEMBER 17, 2001 WILLIAM W. BURNS, CITY ivIANAGER ��► RICHARD D. PRIBYL, FINANCE DIRECTOR CRAIG A. ELLESTAD, ACCOUNTANT SUBJECT: RESOLUTION ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 2002 DATE: NOVEMBER 19, 2001 In conformance with Chapter 275, Section 065 of the Minnesota Statutes, attached is the 2002 final budget. Chapter 275 requires the City to certify a final budget to the County Auditor prior to December 28. We request the City Couneil pass the attached resolution and adopt the 2002 final budget. Remember that the levy resolution must be adopted prior to adopting the budget RDP/ce Attachment •1 � RESOLUTION NO. - 2001 A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2002 WHEREAS, Section 7.04 of the Fridley City Charter provides that the city manager shall prepare an annual budget; and WHEREAS, the city manager has prepared such document and the city council has met several times for the purpose of discussing the budget; and WHEREAS, Section 275.065 of the Minnesota State Statutes requires that the City shall hold a public hearing to adopt a budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate. NOW THEREFORE BE IT RESOLVED that the following budget be adopted and approved: lu • � : / ►l I GENERAI. FII�ID Taxes Cursent Ad Valorem Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits [ntergovemmental: Federal State- Local Government Aid All Other Charges for Services: General Government Public Safery Conservation of Health Recrearion Fines and Forfeits Special Assessments Interest on [nvestments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets LiquorFund Closed Debt Service Fund Employee Benefit Fund Police Activiry Fund TOTAL REVENUES AP1D OTf�R FINANCI�'G SOURCES Fund Balance: General Fund Reserve TOTAL GENERAL FUND � 5,507,3I3 45,000 205,800 708,500 4,000 1,556,948 581,782 846,680 157,170 9,200 266,600 190,500 7,500 450,000 130,400 30,000 400,000 232,900 80,000 303,400 11,713,693 827,556 $ 12,541,249 61 Legislative: City Council Planning Commissions Other Commissions City Management: General Management Personnel Legal Finance: Elecrions Accounting Assessing MIS Ciry Clerk/Records Police: Police Civil Defense Fire: Fire RentalInspecrions Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Recreation: Recreation Naturalist Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRiATIONS S 131,616 1,783 3,357 304,956 167,539 314,018 31,262 663,311 t 59,657 269,155 171,941 3,847,131 15,629 964,582 . 116,498 253,643 515,019 203,600 915,833 1,388,821 904,524 290,853 304,640 442,981 100,000 58,900 $ 12,541,249 SPECIAL REVENUE FUNDS Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Housing Revirializarion Fund Police Activiry Fund Fund Balance TOTAL SPECIAL REVENUE FUNDS CAPITAL PROJECTS FUND Capital Improvement Fund Taxes-Current Ad Valorem Interest on Investrnents Park Fees Closed Debt Service Fund Storm WaterFund TOTAL CAPITAL PROJECTS FUND $ 175,840 343,143 281,800 0 90,000 252,479 $ 1,143,262 $ 90,718 417,225 30,000 2,800,000 100,000 $ 3,437,943 General Capital Improvement Streets Capitai Improvement Parks Capital Improvement $ 148,239 351,665 339,958 0 303,400 $ 1,143,262 $ 713,000 140,000 190,800 $ 1,043,800 AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem 6,200 Six Cities Watershed 6,200 TOTAL AGENCY FUND $ 6,200 $ 6,200 TOTAL ALL FUNDS $ 17,128,654 $ 14,734,511 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER 2001. ATTEST: DEBRA A. SKOGEN - CITY CLERK �� SCOTT J. LUND - MAYOR � � � AGENDA ITEM rn�roF CITY COUNCIL MEETING OF DECEMBER 17, 2001 FRIDLEY 1NFORMAL STATUS REPORTS 63