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05/21/2001 - 00009441THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 21, 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, and Councilmember Wolfe. MEMBERS ABSENT: None. 49'ER DAYS PRESENTATION Ms. Dorothy Gargaro, `49er Days Committee representative, stated that she wanted to inform the City of the `49er Days activities for this year. This is a great festival for all ages. The dates are June 13 through 17. The carnival starts on Wednesday at 5:30 p.m. and runs through Sunday at 9:00 p.m. Advance tickets are on sale at the Recreation Department, Senior Center, Community Center, Wells Fargo and Sign Language at five rides for $5.00. The City-sponsored video dance party for teens is on Wednesday. Thursday, senior activities including bowling, live music, a barbecue, and a band concert on the patio. At 6:20 p.m. Thursday is the Run for Fun sponsored by the Rotary. The parade will be held at 6:30 p.m. and is sponsored by the Lion's Club. There will be live music at Columbia Arena after the parade. Friday a craft and trade show is scheduled in Columbia Arena from 3:00 p.m. to 7:00 p.m. and from 10:00 a.m. to 5:00 p.m. on Saturday. Activities on Saturday include a 500 tournament and a cribbage tournament, which need pre-registration. Bingo will be played on Friday from 4:00 p.m. to 7:00 p.m. and on Saturday from 2:00 p.m. to 7:00 p.m. at Columbia Arena. The softball tournament will be held on Friday through Sunday evening at Unity Park across from Columbia Arena. The Masonic Lodge is sponsoring a kid's identification program on Friday from 4:00 p.m. to 8:00 p.m. and on Saturday from 1:00 p.m. to 5:00 p.m. The Miss Fridley candidates' fashion show will be held on Friday at Northtown. Street dances will be held on Friday and Saturday nights from 7:00 p.m. to 11:00 p.m. White Sidewalls will perform on Friday night and The Rockin Hollywoods will perform on Saturday night. PRESENTATION BY THE VALUES FIRST PROGRAM: Ms. Barbara Warren, Values First representative, stated that she wanted to present three very deserving people with Values First Vision Award Certificates of Recognition. The first certificate is for Bob Schroer, of Bob's Produce Ranch, who is always willing to help the school districts and whoever approaches his business for help. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 2 Mr. Schroer thanked Ms. Warren for the certificate. Ms. Warren presented a certificate to the Fridley Lion's Club for its contribution toward a new costume for the Values First Bear and for all the help they have given to the community. Ms. Warren said it was truly an honor to recognize a woman who really does follow the seven core community values. Margaret Leibfried, Fridley Middle School Principal, is very deserving of this certificate and cares very much about this community. Ms. Leibfried thanked Ms. Warren. Mayor Lund thanked Ms. Warren and the Values First Program for all of their caring and hard work for the community. Councilmember Barnette thanked Ms. Warren for her hard work and for making people feel that the community appreciates them. PROCLAMATIONS: Public Work's Week: May 20-26, 2001 Mayor Lund stated that the efficiency of the qualified and dedicated personnel who staff the Public Works Department is materially influenced by the people's attitude and understanding of the importance of the work they perform. The support and understanding of City residents is vital to the efficient operation of public works systems such as water, sewers, streets, highways, parks, public buildings, and snow removal. Dave Lindquist, Public Works Department, stated that they really appreciate the recognition. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of May 7, 2001. APPROVED. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 3 NEW BUSINESS: 1. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF MAY 2, 2001: RECEIVED. 2. APPROVE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF NEW BRIGHTON AND THE CITY OF FRIDLEY FOR THE RECONSTRUCTION OF STINSON BOULEVARD NORTH OF MISSISSIPPI STREET: Mr. Burns, City Manager, stated the City of Fridley agrees to the payment of its share of costs toward this project in the amount of $49,369. Work will be done by Midwest Asphalt Corporation and will start the week of June 6. Staff recommended approval of this agreement. APPROVED. 3. RECEIVE BIDS AND AWARD CONTRACT FOR 2001 STREET IMPROVEMENT PROJECT NO. ST. 2001-1: Mr. Burns, City Manager, stated that bids from seven bidders were opened on May 10. The lowest bidder, Dave Perkins Contracting, Inc., of Ramsey, Minnesota, submitted a bid in the amount of $816,616. This includes $509,559 for street improvements, $268,632 for watermain replacement, $12,325 for sanitary sewer repairs and $26,100 for storm sewer improvements. There are sufficient reserves for all of these funds. Staff recommended approval. RECEIVED BIDS AND AWARDED CONTRACT TO DAVE PERKINS CONTRACTING, INC., IN THE AMOUNT OF $816,616. 4. RESOLUTION NO. 26-2001 AUTHORIZING CHANGES IN APPRO-PRIATIONS FOR THE GENERAL FUND, SPECIAL REVENUE FUNDS AND CAPITAL IMPROVEMENT FUND FOR THE FOURTH QUARTER OF 2000: Mr. Burns, City Manager, stated that this is an end-of-the-year housekeeping exercise whereby underspent items are matched to overspent items and e�ternal revenues are matched with internal expenditures. Unspent funds in the General Fund that were budgeted for particular items are matched against overspent line items. In the Grant Management Fund, e�ternal grant revenues are matched with internal expenditures. Staff recommended approval of this resolution. ADOPTED RESOLUTION NO. 26-2001. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 4 5. APPOINTMENT TO HUMAN RESOURCES COMMISSION: Mr. Burns stated that staff recommended approval of the appointment of Carter Hendricks to the Human Resources Commission. He has been active in reviving the Fridley Jaycees and is also a member of the Values First Committee. He has been active in a variety of events. APPOINTED CARTER HENDRICKS TO THE HUMAN RESOURCES COMMISSION. 6. CLAIMS: APPROVED PAYMENT OF CLAIM NOS. 99381 THROUGH 99638. 7. LICENSES: APPROVED ALL LICENSES AS SUBMITTED AND AS ON FILE IN THE LICENSE CLERK' S OFFICE. 8. ESTIMATES: Carl J. Newquist, Esq. Newquist and Ekstrum, Chartered 301 Fridley Plaza Office Building 6401 University Avenue N.E. Fridley, MN 55432-4381 Services Rendered as City Attorney for the Month of February, 2001 $18,244.00 Greystone Construction Company 1221 East Fourth Avenue Shakopee, MN 55379 Filter Plant Access Platform Project No. 336 FINAL ESTIMATE $35,042.95 ADOPTION OF AGENDA: MOTION by Councilmember Bolkcom to adopt the Agenda with the addition of an item to approve the appointment of an employee. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 5 OPEN FORUM: Mr. Bob Foley, Fridley Miniature Golf owner, stated that he and his wife have owned their business in Fridley for almost one year. They are very glad they opened their business in Fridley and especially appreciate all of Mr. Hickok's guidance and the City staff s assistance in making their dream come true. Mr. Hickok was professional, courteous, and went out of his way to help them blend their business in the community. NEW BUSINESS: 9. PRELIMINARY PLAT REQUEST, PS #01-02, BY GEORGE BATESON, TO ALLOW FIVE SINGLE FAMILY LOTS, GENERALLY LOCATED AT HEATHER PLACE AND CENTRAL AVENUE (WARD 2): Mr. Bolin, Planning Coordinator, stated that the petitioners on this request are George and Ann Bateson and Dennis and Mary Pietrini. They are seeking to replat the Heather Hills North Addition into five lots to construct five single-family homes. They had originally platted the Heather Hills North property into four single-family homes lots in 1999. Fridley code does require that lots in the R-1 district be 75 feet in width with a minimum lot area of 9,000 square feet. The lots proposed range in width from 76 feet to 184 feet and in area of under 15,000 to over 26,000 square feet in size. The home currently under construction by Kootenia Builders will still meet all the setback requirements if this plat is approved. A public hearing was held before the Planning Commission on May 2, and the request was approved with stipulations. Staff recommended approval with five stipulations because it meets size requirements and provides additional home opportunities in Fridley. Councilmember Wolfe asked if the sewer line was in for the five lots. Mr. Haukaas, Public Works Director, indicated that it was. Councilmember Barnette asked if the parcels were combined with Lot No. 5. Mr. Bolin stated that it has been combined with them. Councilmember Bolkcom asked if all the sewer and water mains would be in before the final plat is approved. Mr. Bolin stated that a letter of intent has been provided by Mr. Bateson indicating that he will agree to install those as needed and determined. Councilmember Bolkcom asked if the final plat would be approved. Mr. Haukaas stated that is what staff recommended. Councilmember Billings asked if the home being built will meet all the setbacks and if the lot has been sold. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 6 Mr. Bolin stated that it would meet the setbacks and Mr. Bateson can answer the question of who the owner of the lot is. Mr. George Bateson, 6196 Heather Place N.E., one of the petitioners, stated that Lot 2 was sold to Kootenia Builders so they could commence building the home because it will be in the Parade of Homes in August. There are legal agreements for when the plat is approved that the deeds are worked out such that they get some of Lot 1, and they give up some of Lot 2 to form Lot 3. Councilmember Billings stated that in a replatting, all of the underlying fee owners should become applicants so that each of the fee owners sign off on the plat indicating that they agree to the replatting. Mr. Bateson stated that the original request for the replat was signed by the President of Kootenia Builders and also the preliminary plat would have Kootenia Builders on the document. Councilmember Billings stated that Kootenia Builders is a co-applicant and they will be signing the plat. Mr. Bateson stated that they are signing the plat and have signed the original loan application. The liabilities of the construction site resulted in them signing for the purchase of Lot 2. This is under the legal advice of their attorneys and they are asking for Council's support. They will build a home to be proud of. He said he is not a seasoned developer, and Mr. Hickok really helped with the whole process and represents the City in an outstanding fashion. MOTION by Councilmember Wolfe to approve Preliminary Plat Request, PS #01-02 with the following five stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide all easements as shown on preliminary plat drawing. 3. During construction, silt fencing shall be used where applicable. 4. Petitioner to pay required park dedication fees prior to issuance of building permits. 5. Petitioner to pay all water and sewer connection fees. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 7 10. RESOLUTION NO. 27-2001 TO VACATE A 5-FOOT PORTION OF AN EXISTING UTILITY EASEMENT AND THEN RECREATE A 20-FOOT UTILITY EASEMENT ON LOTS 5 AND 6, BLOCK 2, INNSBRUCK NORTH 2ND ADDITION, GENERALLY LOCATED AT 5490 EAST DANUBE ROAD (SAV #01-04, BY FORREST HARSTAD) (WARD 2): Mr. Bolin, Planning Coordinator, stated that Mr. Harstad is seeking to vacate a five-foot portion along the northerly portion of an existing utility easement and then grant an additional five feet of utility easement along the southerly edge. A public hearing on this request was held at the May 2 Planning Commission meeting, and the neighbors objected to building on this property. A motion was made to approve the vacation unanimously with one stipulation. Staff recommended that Council concur with the Planning Commission and grant approval of this request with one stipulation. Councilmember Billings asked if the easement runs along the lot line between Lots 5 and 6. Mr. Bolin stated that was correct. Councilmember Billings asked if there was a possibility of Mr. Harstad wanting to build a house on these two lots. Mr. Bolin stated that the proposed home would be on Lot 5 with the two lots being combined into one property. Lots 5 and 6 are one tax parcel. Councilmember Billings asked how far the existing northerly line of the existing easement was from the lot line. Mr. Bolin stated that it is ten feet from the lot line. Councilmember Billings stated that would be a side yard setback for a building on the lot. Mr. Bolin stated that it is a ten-foot setback for living area with a five-foot setback for a garage. Councilmember Billings asked if there may be some other reasons a home is not wanted on Lot 5 and what impact will the vacation have on the ability to build a home. Mr. Bolin stated that it would have no impact on the ability to build a home. The vacation would give the petitioner an additional five feet to move the home around on this site. The petitioner could build on this lot with or without the vacation. Councilmember Billings stated that this would have no impact on the developer but could have a large impact to the City if it had to be dug up. Mr. Bolin stated that was correct. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 8 Councilmember Wolfe stated that the action Council is being asked to make does not have anything to do with the neighborhood's questions. Mayor Lund stated that the neighborhood should be heard though. Mr. Rick Schroeder, 5497 East Danube, stated that he is surprised that these two lots are combined. This gives more area for a much larger building and his main concern is that this large building will make for a watershed and property damage concern. The hydrology test was completed in 1999 which was one of the driest years. There are changes in the watershed. The first lot is wetland and unbuildable. There have been two one hundred year floods in the last 4 years. Mr. Haukaas, Public Works Director, stated that the hydrology test was based on a ten-year return frequency, which is to measure a storm expected once every ten years. It equivocates to slightly over 4 inches of rain in a 24-hour period. The study compared what that amount of rain would do to the elevation of the existing pond, regardless of what the starting water level was. The pond that backs up to this property would raise appro�mately 1/4 inch. Councilmember Billings asked if the City was aware of any water problems after the construction of Medtronic's building. Mr. Haukaas stated that they are not aware of any. Mayor Lund stated that the existing two lots look like the lowest lots to him. Ms. Pat Freeburg, 5557 East Danube Road, stated that she took photographs to show what has happened to Farr Pond and what it is doing to water and saturation levels. The photographs show that the ground is saturated and has standing water. There is drainage on Farr Pond but if more water is put into the pond than it can handle it will back up. Ms. Freeburg read the letter written to the Rice Creek Watershed District regarding the adversely affected drainage systems should there be a house built on those lots. MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Freeburg stated that soil samples have been taken from the mounds of dirt that were dumped by the sides of these two lots. The samples were taken from the tops of the mounds. They request that building on these lots not be permitted. Ms. Ann Ulrich, 5505 West Danube Road, asked why moving the easement was being discussed prior to a house being planned or approved. This is also the first time they have heard about the lots being combined. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 9 Mr. Bolin stated that they were combined two months ago and does not require action from the City Council. Ms. Ulrich stated that the intent of moving this easement was for ease of any work that needed to be done as a result of the home being built on this parcel. Until this point it had not needed to be moved. Mr. Lund stated that it is in the best interests of the City to move this for accessing. Councilmember Billings stated that the City has a right to work on a 20-foot piece of property to do any repairs. Currently this pipe is only three feet away from the edge of the 20-foot strip. We need the pipe centered so that if it needs work, it can be done at the most reasonable cost to the citizens of Fridley. The City only has a legal right to work on that portion of the property on which they have an easement. Mr. Norm Schulz, 5535 West Danube Road, stated that water is encroaching on his property. He asked what action the neighbors should take if water floods their homes because a home was built on that property. Councilmember Billings asked Mr. Knaak what could the City do to prevent the building of a home on those two lots. Mr. Knaak stated that if the City had a lot that met all the standards, which appears to be the case here, a builder could force the City to issue the permits. The City would be required to permit construction and pay the attorney's fees. Councilmember Bolkcom asked what recourse the neighborhood has if there are issues of runoff afterward. Mr. Knaak stated that it would be a private course of action against the property owner if the water from the property causes damage. Mr. Rick Nye, 5477 E. Danube, stated that the land was supposed to be unbuildable and there has been illegal dumping there. He asked why this was being considered. He said they have maps of the pond and what was filled in. Mayor Lund stated that a 1986 permit was issued to do some fill work on the site. In 1994 a proposal to put some fill on the southern side of the lot for home construction was denied. Someone had permission to do some fill work. Ms. Freeburg stated that Mr. Harstad does not deny that there was illegal filling. They deny that they are the ones who did it. There was a permit given in 1986 to do fill and they did not do it. Sometime after that but before 1993, the pond was filled with no permit so it was illegal. There would not have been enough buildable land to put a house there if there was no illegal dumping. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 10 Mr. Hickok stated that in 1994 Fridley was in a dispute with the Harstads regarding the amount and type of fill, and whether or not it affected the wetlands. There was a great deal of proof the Harstad's needed to provide about the dumping. The determination was made by professionals that this dumping did not detrimentally affect the wetland. It was determined that if a home were to be built, it would be built outside of that filled-in area. A letter was then sent to the Harstads regarding what they needed to build on those lots. Mr. Merle Peterson, 5495 West Danube Road, stated that he had pictures that represented where the house was to be built on the property and the water, vegetation and trees around it. The area that was filled used to be all water. Now there is less area for the water space. Additional water in people's basements is probably because of that fill. If there is any water area damaged by construction it will raise the ground water higher than it already is. Mayor Lund asked how quickly the pond lowers after the spring thaw. Mr. Peterson stated that the area is still totally saturated. The neighbor's lots are all spongy. The area should be cleared out and restored as it was before to reduce the water problems. Mr. Harstad has said he will be removing all the trees and there are some large trees that people enjoy. There is also wildlife there. Mr. Harstad showed him the property he was going to build on Lot 5. The actual easement had the house plans right across it. After the easement is moved, his house would no longer be sitting on the easement itsel£ Having the easement removed will benefit Mr. Harstad. Mr. Karl Breitbarth, 5477 East Danube Road, stated that Mr. Harstad is looking at building 35 feet from the street. The houses are all aligned along the street and his house will be farther out towards the street which will present a safety issue. It will also take up a lot of the water area. The house should be set back farther but that will force the water in the back elsewhere. Mr. Bolin stated that the house cannot be more than six feet in front of the neighboring houses. There is a fifteen-foot boulevard, and the other homes are right around the 35-foot setback. Councilmember Bolkcom asked Mr. Bolin how close the house could be built. Mr. Bolin stated that it could be 29 feet from the property line. Mr. Roman Zownirowycz, 5527 East Danube Road, stated that Mr. Harstad indicated that he would not move the house back because it would cost $500 more for the driveway. The nanny quarters would have its own separate entrance and he is going to turn this house into a twin- home or a triplex with no intention of living there. Councilmember Bolkcom asked if the placement of this house would cause any sightline problems. Mr. Haukaas stated that the radius on the curb is 478 feet. It should not create a problem. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 11 Councilmember Wolfe stated that from the front of the existing house, they could only go six feet past. If they go 35 feet from the curb, they will still have to add 15 feet. Mr. Breitbarth stated that it would still stick out from the other houses. Ms. Kathryn Schulte, 5554 East Danube Road, stated that they had standing water in the corners of their yard and their trees died. Her fear is that all the houses backed up to the pond will lose all their trees. A lovely neighborhood would change dramatically. Ms. Ulrich stated that she backs up to the property across the pond. She has spoken with two of the previous owners. One was frustrated because this issue was being raised again when it was proven before that it was unbuildable. His comment was that the Harstads waited long enough until the City Council turned over to try again, hoping people forgot about these issues. It is hard to believe that there are enough flat surfaces to build on that land. Mr. Harstad said he would have to bring in fill and a retaining wall. That will affect the natural drainage into the pond. The former neighbor was concerned about the water you cannot see and that would mean the rising of the ground water table. It was proven at that time that the water levels would rise. Ms. Ulrich indicated that she had a letter from Ms. Teri Raymond, 5595 West Danube Road, which stated that a Public Works employee told her that they checked the drains to make sure they were not clogged. This employee stated that someone was thinking of building on East Danube Road. It was also expressed that it would not happen. MOTION by Councilmember Wolfe to receive the letter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gretchen Schroeder, 5497 East Danube Road, stated that she also spoke to the sewer supervisor. He was helpful in assisting with a sewer problem and assured her that the property would not be built on because of the sewer situation. We are getting conflicting information from the City. The concern is that the water would affect the pond and homeowners. Councilmember Bolkcom asked Mr. Haukaas if he was aware of any sewer issues relating to this property. Mr. Haukaas stated that he did not know of any sewer issues. The reason the supervisor went out there is due to a request by residents to verify that everything was working properly. He was giving his opinion about the lot being buildable. Councilmember Billings stated that combining lots is an administrative action on the part of the City and County. Separating lots requires affirmative action by the Council. If a home gets built here, someone cannot go to staff and say that they want to split a lot without affirmative Council action. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 12 Mr. David Blank, 5544 East Danube Road, asked when the permits to build would be issued. Mayor Lund stated that there would not be a meeting for that. Mr. Harstad has met requirements for building on that lot and this action is totally separate from that. Mr. Blank stated that the lots are so shallow and his house is about 100 feet long and ten feet wide. It is the wrong house in the wrong place and is not going to do anything for the street. Mayor Lund stated that Mr. Harstad has to follow the building codes. Mr. Blank stated that it is the City's responsibility to protect their homes and their values. Councilmember Billings stated that the legislature gives the City the right to establish where lots are and there are building codes. There are drainage requirements and requirements by the City Council. The City has the same responsibility to every property owner. If Mr. Harstad meets these requirements, the City cannot unilaterally decide that he cannot build. The neighborhood could buy it and own it and control what happens to it. Ms. Freeburg stated that the property was tax forfeit and the people tried to buy it but the City would not let them. Councilmember Billings stated that if that were the case, the City probably would not have sold it. There are so many years property can be in arrears in taxes and the County handles that. If there is damage to homes, litigation is an option. The hydrologist said that the water would not rise any more than 1/4 inch and Farr Lake not more than 1/50 inch. It has been determined by the Rice Creek Watershed District that this report is accurate. Mr. Schroeder asked why when they have less waterfall does the water rise so much? Councilmember Billings stated that the hydrology report states that based on the square feet of the home to be built, it will impact the water levels by a 1/4 inch more. Mr. Schroeder asked if the maximum allowable area to be built on is based on the platted lot dimensions. Mr. Hickok, Community Development Director, stated that the combination of lots would allow the lot area to be used in 25 percent of that lot area. Mr. Schroeder asked what the zoning was for mother-in-law apartments. Mr. Hickok stated that this lot is zoned R-1, Single Family Residential. When the plans come in for review, anything other than single family will not be permitted in this district. There is a review that takes place after the permit is issued. The ordinances do not allow a secondary apartment in a single-family structure. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 13 Mr. Zownirowycz stated that strong constraints should be put on Mr. Harstad not to allow him to do that. It is outrageous for him to combine the lots and change the look of the entire neighborhood. It is not effective government control. He has concerns of the safety of the curb and it is a shortcut from one high school to another high school. It is hard to see very far down that road. One of his children has ADHD and it is surprising that Mr. Harstad would not be concerned for the safety issues. In 1987 they backfilled that lot, and in 1998 he had his first basement flooding problem. The Harstads said they would not build on that property. Mr. Hickok stated that he does plan to have a crawl space which conforms to the code. Ms. Freeburg stated that in 1994 someone wanted to add an addition to the front of their house but it did not fit with any other houses on the lots. They did not get permission to do it and perhaps the law has changed since then. People buy in this area because it is rustic and this house will have four garage doors facing the street making it look like a townhouse from the back She asked what the neighborhood's recourse was when Mr. Harstad turns it into a multi- dwelling house. Mr. Breitbarth stated that moving the easement would benefit the builder of this lot to allow five more feet to build a wider house. Ms. Ulrich stated that there are a number of neighbors who had water in their basements. She asked if Council would consider doing another hydrologist test. Councilmember Wolfe stated that he believed one had already been done. Mr. Hickok stated that a second analysis was completed, and there should not be any reason for a third analysis. Mr. Haukaas stated that staff reviewed Mr. Harstad's hydrologist study and the City's analysis is not as detailed. The City did some analysis and there was no significant difference from Mr. Harstad's. Ms. Ulrich asked if a significant study could be done at this time. Mr. Haukaas stated that the second study was an in-house review. Councilmember Wolfe stated that he thought the neighborhood wants different soil boring tests taken. Mr. Haukaas stated that soil borings and the hydrology review are two separate things. Storm water calculations do not take into account water levels. It is a comparative analysis. Councilmember Bolkcom asked what it would cost if the neighborhood or the City were to request another similar hydrologist study. Mr. Haukaas stated that he would guess it would be around $150 per hour. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 14 Councilmember Bolkcom asked if the neighborhood could benefit by having a conversation with the Rice Creek's Watershed engineers or Mr. Harstad's hydrologist? Mr. Haukaas stated that because of the size of this project, the Rice Creek Watershed District normally does not get involved in these analyses. Councilmember Bolkcom stated that possibly they could address the concerns and it would not hurt to ask. Mr. Haukaas stated that they could possibly look at this. Mr. Hickok stated that the Rice Creek Watershed District was involved in the study in 1995 and at this point the Council could ask them to have more soil tests done. Ms. Ulrich stated that it is atypical and new to her to have to come back again and again on the same issue to try and not have this built on a lot that appears to be non-buildable. Ms. Janet Steppe, 5528 West Danube Road, stated that she is concerned because her backyard is near the pond. She was not aware that the dumping had occurred. Her backyard is very saturated. She asked if the pond could be dug out to offset all the water. Councilmember Billings stated that the water would spread out to fill a certain level no matter how big it is. There is a pipe that drains the pond on the east side over to Farr Lake. Even if you make it deeper it will still fill up to the point that it needs to be for the drain. Ms. Steppe stated that her house has never flooded. Mr. Harstad, 2197 Silver Lake Road, New Brighton, stated that he is a seasoned developer. He has been doing nothing but residential construction for over 20 years. He has worked with Mr. Hickok before on a project in Apple Valley. He and his father have had development projects in Fridley. He said he lives in Fridley and would like to continue to live in Fridley. He indicated that he would like to clarify some things that have been said at this meeting. He said he designed this house and has every intention of living in it. He indicated that he did not have to request to move the easement to build this particular house. The illegal filling was not illegal. There has been illegal dumping on this lot and they do not know who did it. It was on top of dry soil, not in the water. The Harstad reputation is something to be proud of and this development was not a Harstad development. There was never a house presented to be built on either of these lots that was turned down. There was a request for additional filling in Lot 6 that was turned down. The lot does not need more filling but they would likely haul in black dirt. He said his family owned these two lots for many years and he is now ready to use the lot. He invited the neighbors to have this conversation. He would be proud to live and work in the City. He thanked everyone for listening, and apologized for taking up so much time. Councilmember Billings asked if the soil borings were taken on top of the mounds so as not to go down as far? Were they taken close to where the footprint of the building is expected to be? FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 15 Mr. Harstad stated that was correct. Councilmember Billings asked if he had a response to the statement that the lots were marked on the plat as unbuildable. Mr. Harstad stated that both of those lots have sewer and water stubs. When it was platted, it was legal to fill in this particular place. Mayor Lund stated that the Wetlands Act of 1991 states that you should not fill in. Councilmember Billings stated in 1994 there was a request to fill in Lot 6. The neighborhood and staff had concerns about preserving as much of the wetland area as possible. That is why in the final agreement, it indicated that the two lots had to be combined to assure in perpetuity that that no one would come in years later and want to fill in Lot 6. Mr. Harstad stated that the house he proposed does not even cross the 25 percent maximum allowable space for the home to be built on. Councilmember Barnette asked if he requested that the easement be removed. Mr. Harstad stated that he requested it. It was a surprise to him tonight that the lots should be combined. He wanted to thank Councilmember Billings for adding clarification to that. He thought he applied for that request. Councilmember Billings stated that once he applies for the lots to be combined, it is an administrative thing. It is routine in an effort to make it less complicated. Separating them requires an affirmative action of the Council. He wants to vote tonight to approve this easement tonight, but on the other hand he is tempted to vote against it so he does not send a wrong message to the neighborhood. He asked if Mr. Harstad would consider a stipulation on the vacation and rededication that there would be no building built on the vacated portion of the easement unti12005. Mr. Harstad stated that he would not because in order to build the house five feet to the south, he would need more side yard between the house and the lot. He does benefit from moving of this easement because it gives him five more feet away from the neighbor to the north. Councilmember Billings stated that the lot is approximately 106 feet across and asked if Mr. Harstad was going to build a 76-foot wide house. Mr. Hickok stated that the house has a footprint of 2,100 square feet and the lot size is 13,000 square feet. That represents lot coverage at 16 percent. Councilmember Bolkcom asked Mr. Harstad if he would be willing to have a representative from the neighborhood meet with himself and his hydrologist to better understand what all those numbers mean. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 16 Mr. Harstad stated that he is not willing to spend any more money. He has already done goodwill steps to try to make everything clear. He would e�tend access to those lots for a look from any other hydrologist. He is not opposed to accepting an offer he cannot refuse for the purchase of the lot. This particular hydrologist that he previously hired may even meet with the neighborhood off the meter. Councilmember Wolfe stated that he listened to the neighbors and they have legitimate concerns, but sometimes it is necessary to vote for a law that we do not necessarily agree with. The law is the law. Mr. Knaak City Attorney, stated that was correct and it has nothing to do with whether or not he can build there. It could have impact on the location of the house. MOTION by Councilmember Wolfe to adopt Resolution No. 27-2001 to vacate a 5 foot portion of an existing utility easement and then re-create a 20-foot utility easement on Lots 5& 6, Block 2, Innsbruck North 2"d Addition, generally located at 5490 East Danube with the stipulation that the petitioner shall not construct any building or other permanent improvements over the easement area. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Wolfe stated that as far as building expectations, Staff does not let anything slide by that cannot be built. Councilmember Billings thanked everyone for attending the meeting and airing their concerns. He wished there were a better solution. Mayor Lund asked what would happen next. Mr. Hickok stated that Mr. Harstad could apply for a building permit anytime now. 10.5 APPOINTMENT-CITY EMPLOYEE: MOTION by Councilmember Barnette to approve the appointment of Greg Tirevold as Payroll Technician. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 L INFORMAL STATUS REPORTS: Mayor Lund stated that he attended the Islamic Center's neighborhood picnic on Sunday. There was a very large audience there and he was impressed by the nice people and the gracious hospitality. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 17 ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MAY 21, 2001, CITY COUNCIL MEETING ADJOURNED AT 10:57 P.M. Respectfully submitted, Signe L. Johnson Scott J. Lund Recording Secretary Mayor