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10/24/2011 - 6544CITY COUNCIL MEETING OF OCTOBER 24, 2011 CfT1f 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, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabi{ities 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. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Homelessness Awareness Month — November, 2011 Pancreatic Cancer Awareness Month — November, 2011 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 10, 2011 NEW BUSINESS: 1. Approve Letter of Support for the Statewide Health Improvement Program (SHIP) Round 2.0 Grant............................................................................................................... 1 - 4 2. Claims (152636 — 152845) .............................................................................. 5- 21 FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24. 2011 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 3. Licenses ............................................................................................................ 22 — 23 4. Estimates ........................................................................................................ 24 ADOPTION OF AGENDA. OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 5. Consider the Proposed Assessment for Street Improvement Project No. ST. 2011-01 ................................................. 25 — 27 6. Consider the Proposed Assessment for the 2011 Nuisance Abatement .............................................................................. 28 - 3Q NEW BUSINESS: 7. Resolution Adopting Assessment for the 2011 Street Improvement Project No. 2011-01 ........................................................ 31 — 36 8. Resolution Adopting Assessment for the 2011 Nuisance Abatement .............................................................................. 37 — 40 9. Resolution Adopting Assessment for the 2011 Tree Abatement ...................................................................................... 41 — 43 10. Resolution Adopting Assessment for the 2011 Utility Lateral Repair Project ................................................................... 44 - 47 FRIDLEY CITY COUNCIL MEETING �F OCTOBER 24. 2011 PAGE 3 NEW BUSINESS (CONTINUED): 11. Resolution Certifying Certain Delinquent Utility Services to the County for Collection With the 2012 Property Taxes ......................................................................... 48 — 58 12. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for Street Rehabilitation Projectno. ST. 2012 — 01 ................................................................................ 59 — 62 13. Variance Request, VAR #11-02, by Wayne Dahl, DC, Generally Located at 177 Hartman Circle (Ward 3). Five Variances are Required in Order to Allow the Construction of a New AttachedGarage : ............................................................................................ 63 — 95 1. Variance Reducing the Setback from the Ordinary High Water Level from 100 Feet to 78 Feet; 2. Variance Reducing the Bluff Setback from 40 Feet to 11 Feet; 3. Variance Increasing the Size of a First Accessory Structure from 1,000 Square Feet to 1,900 Square Feet; 4. Variance Increasing the Size of all Accessory Structures on the Property from 1,400 Square Feet to 1,900 Square Feet; and, 5. Variance Increasing the Setback of an Attached Accessory Structure Located in Front of a Home from 5 Feet to 64 Feet 14. Informal Status Reports ................................................................................... 96 ADJOURN. NEW BUSINESS ICONTINUEDI: 12. Resolution Ordenng Preparation of a Preliminary Report and Preliminary Plans and Specifications for Street Rehabilitation Project no. S� 2— �1 n�.��?,� 59 — 62 Y.�� 'S 0�01(-.�4. 13. Variance Request, VAR #11-02, by Wayne Dahl, DC, Generally Located at 177 Hartman Circle (Ward 3). Five Variances are Required in Order to Allow the Construction of a New Attached Garage : .................................. 63 — 95 1. Variance Reducing the Setback from the Ordinary High Water Level from 100 Feet to 78 Feet; 2. Variance Reducing the Bluff Setback from 40 Feet to 11 Feet; 3. Variance Increasing ihe Size of a First Accessory Structure from 1,000 Square Feet to 1,900 Square Feet, /� � o� f�%lv�,�f,�G(GS�� St-�'G�Yj'1 �I�r.�� °�e� %o ��`�S � ��c U� 4. Variance Increasing the Size of aN Accessory Structures on the Property from 1,4D0 Square Feet to 1,9�0 Square Feet, and, 5. Variance Increasing the Setback of an Attached Accessory Structure Located in Front of a Home from 5 Feet to 64 Feet 14. Informal Status Reports ...................... ADJOURN. I�Y f 96 c�' �`1� ( �a� � 5 � C� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 � arroF FRIfX.fY 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, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to ailow 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. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Homelessness Awareness Month — November, 2011 Pancreatic Cancer Awareness Month — November, 2011 PUBLIC HEARINGS: 5, Consider the Proposed Assessment for Street Improvement Project No. ST. 2011-01 ..................... . 25 - 27 �2�t -�,'re�k �I�ia ..........,� � recvrr.E�°'"gwd-��. ��''��`G � � �obvd.8��st� �id�n ('� C S� 8"�b 6. Consider the Proposed Assessment for the 2011 Nuisance Abatement .................... 28 - 30 APPROVAL OF PROPOSED CONSENT AGENDA: I��.,//,// APPROVALOFMINUTES: &�'r r U��f�� qv recor, City Council Meeting of October 10, 2011 ��gr,�7 e� i�mr�-S - C�JYY��i� NEW BUSINESS: 1. Approve Letter of Support for the Statewide Health Improvement Program (SHIP) Round 2.0 Grant..................................................... 1 - 4 2. Claims (152636 — 152845) ...................... 5- 21 3. Licenses .................................................. 22 - 23 4. Estimates .............. 24 ADOPTION OF AGENDA. `��/�fj�,n \(]/�� ,�v� � , - �_..,-�71 V OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes. �� ,.r-�-a� c��y�i� NEW BUSINESS: � � '(l � �� 7. Resolution Adopting Assessment for the �a�T "`�'�l 2011 Street Improvement Project No. 2011-01 ......................................... ...... 31 - 36 a,u's� ��+�C�v1 �� G�-- �-( urf� Mu.ya✓ lu,+uEUobs-lic=�� — 8. Resolution Adopting Assessment for the 2011 Nuisance Abatement .................... 37 — 40 aotrS�'S � _�Qe�rn -aww�e�,;,C_ ta 1 � - � -�"��'�01� S�o C�c4 0�l' st� (,2 — �c��-- 9. esolutio Adopting Assessment for the 2011 Tree Abatement ........................... 41 — 43 ao�,_ �''c��.,�,� �2�� 10. Resolution Adopting Assessment for the 2011 Utility Lateral Repair Project ......... 44 — 47 ao,►-5��r��- 11. Resolution Cer[ifying Certain Delinquent Utility Services to the County for Collection With the 2012 Property Taxes ..........^.... 48 — 58 apll-��(%1'l ��W" S �r�� U FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 � ��n� FR1iJ1FV 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, 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. (TTD/572-3534) PLEDGE OF ALLEGIANCE. PROCLAMATIONS: Homelessness Awareness Mo�th — November. 2011 Pancreatic Cancer Awareness Month — November. 2011 APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 1D, 2011 NEW BUSINESS: 1. Approve Letter of Support for the Statewide Health Improvement Program (SHIP) Round 2.0 Grant..................................................... 1 -4 2. Claims (152636 — 152845) ...................... 5- 21 3. Licenses .................................................. 22 - 23 4. Estimates ADOPTION OF AGENDA. 24 OPEN FORUM. VISITORS: Consideration of items not on Agenda — 15 minutes. PUBLIC HEARINGS: 5. Consider the Proposed Assessment for Street Improvement Project No. ST. 2011-01 ................................................. 25 - 27 6. Consider the Proposed Assessment for the 2011 Nuisance Abatement .................... 28 - 30 NEW BUSINESS: 7. Resolution Adopting Assessment for the 2011 Street Improvement Project No. 2011-01 ................................................. 31 - 36 8. Resolution Adopting Assessment for the 2011 Nuisance Abatement .................... 37 — 40 9. Resolution Adopting Assessment for the 2011 Tree Abatement ........................... 41 — 43 10. Resolution Adopting Assessment for the 2071 Utility Lateral Repair Project ......... 44 — 47 1 t Resolution Certifying Certain Delinquent Utility Services to the County for Collection With the 2012 Property Taxes ............... 48 — 58 NEW BUSINESS lCONTINUED►: 12. Resolution Ordering Preparation of a Preliminary Report and Preliminary Plans and Specifications for Street Rehabilitation Project no. S7. 2012 — 01 ..................... 59 — 62 13. Variance Request, VAR #11-02, by Wayne Dahl, DC, Generally Located at 177 Hartman Circle (Ward 3). Five Variances are Required in Order to Allow the Construction of a New Attached Garage : .................................. 63 — 95 1. Variance Reducing the Setback from the Ordinary High Water Level from 100 Feet to 78 Feet; 2. Variance Reducing the Bluff Setback from 40 Feet to 11 Feet; 3. Variance Increasing the Size of a First Accessory Structure frpm 1,000 Square Feet to 1,900 Square Feet; 4. Variance lncreasing the Size of all Accessory Structures on the Property from 1,400 Square Feet to 1,900 Square Feet; and, 5. Variance Increasing the Setback of an Attached Accessory Structure Located in Front of a Home from 5 Feet to 64 Feet 14. Informal Status Reports ........................ 96 ADJOURN. � i .,l.. ../. //!_/. _..lJLi HO MEL E S S1 VE S S A WA R E1 VE S S MO 1 V T H November, Zosz WfIEREAS, the Anoka County Communiry Continuum of Care, along with the Heading Home Anoka Education Committee, is sponsoring a countywide education and awareness campaign to hedp end homelessness in our communitdes; and WHEREA5, the Art Expq "Hometessness... the Journey, " provides a unique opportunity for local, creative individuals to join forces with communities across Anoka County in an effort to promote awareness of homelessness and to help end homelessness; and, WHEREAS, the Anoka County Communiry Continuum of Care and the Heading Home Anoka committees play a vital role fn bringing together our communities and establishing needed partnerships to educate residents and support efJ'orts to end homelessness; and WHEREAS, it is essential that all citizens of the Crry of Fridley be aware of the irraportance of preventing and ending homelessness in our communtty, and [he impact their participatian can have on ensuring that all individuals and families have access to a warm, safe, stable, and adequate place to call home, and NOW THEREFORE, BE /T RESOLVED, that 1, Scott J Lund, Mayor of the City of Fridley, hereby proclaim November, 2011, as HOMELESSNESS AWARENESS MONTH in the Ciry of Fridley, Minnesota, and encourage all citizens to join the Anoka Counry Communrry Continuum of Care and the Heading Home Anoka Education Committee to help end homelessness in our community. 1N WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Cily of Fridley to be a�xed this 24`h day of October. 2011. Scott J. Lund Mayor G� � � . � � PAIVCREATIC CANCER AWAREIVESSMONTX November, �oss WHEREAS, in 2011, an estimated �3, 030 people will be diagnosed with pancreadc ccmcer in the United States and 37, 660 will die from the disease; and WHEREAS, pancreaaic cancer is one of the deadliest cancers and is the fourth leading cause of cancer death in the United States; and WHEREAS, when symptoms of pancreatic cancer present themselves, i! is usually too late for an opdimdstic prognosis, and 74 percent of pancreatic ccmcer patients die withln the first year of thear diagnosrs, while 94 percent of pancreatic cancer patients die wathin the frrst ftve years; and WHEREAS, of aU the racial/ethnrc groups in the UntYed States, African Americans have the highest incidence rate of pancreatic cancer--behveen 34 percent and 70 percent higher than the other groups; and WHEREAS, the Pancreaiic Cancer Action Nenvork is the frrst and only natdonal patrent advocacy organization that serves the pancreatic cancer communiry in the Ciry of Fridley and nationwrde by focusing its efforts on public policy, research funding, patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS, the Pancreatic Cancer Action Network and its affiliates in !he City of Fridley support those patients current(y battling pancreatic cancer, and are commiaed to nothing less than a cure; and WNEREAS the good health and well-being of the residents af the Ciry of Fridley are enhanced a.s a direci result of increased awareness about pancreatic cuncer and reseurch into early detection, causes, and effecirve treatments: NOW TNEREFORE, BE !T RESOLYED, that I. Scott J Lund, Mayar of the Ciry of Fridley, hereby proc[aim November, 2011, as PANCREATIC CANCER AWARENESS MOI�dTH in the Ciry of Fridley, Minnesota. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Ciry of Fridley to be a�xed this 24`h day of October, 2011. Scott J. Lund, Mayor CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 10, 2011 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember Varichak Councilmember Bamette Councilmember Saeflce Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Darcy Erickson, City Attorney Scott Hickok, Community Development Director James Kosluchar, Public Works Director Darin Nelson, Finance Director/Treasurer Julie Jones, Planning Manager Layne Otteson, Public Works Nichole Mundis, 1623 Briazdale Road Bob Melle, 1613 Briardale Road Steve Junich, 1643 Briazdale Road Bob Cote, Schmidt Osborne, LLC Scott Tesmer, Home Depot APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of 5eptember 12, 2011: Councilmember Saefke stated on page 28, second pazagraph from the bottom, line 9, it should read, "...suspect even though there are supposed to be check valves in floor drains, etc." Councilmember Bolkcom stated on page 14, paragraph 5, the word "was" should be replaced with "were." Councilmember Bolkcom stated also on page 14, paragraph 10, the word "storing" should be replaced with "enforcing." FItIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 20ll PAGE 2 City Couacil Meeting of September 19, 2�ll. APPROVED AS CORRECTED. NEW BUSIIVESS: 1. Resolution Coufirming the Statutory Level of Tort Limits. William Burns, City Manager, stated the League of Minnesota Cities Insurance Trust asked the City to decide annually if it wants to waive statutory tort limits. The City does not. Staff recommends Council's approval of the resolution. ADOPTED RESOLUTION NO. 20ll-46. 2. Motion to Approve the Fiscal Year 2012 Budget for Twin Cities Gateway. William Burns, City Manager, stated the Twin Cities Gateway is an organization established to promote an area that includes Fridley, New Brighton, Anoka, Coon Rapids, Blaine, Ham Lake, Lino Lakes, Mounds View, and Shoreview. It is funded by a 3 percent tax Ievied against local lodging. The budget for the next fiscal year must be approved by each of the member cities. The budget approved by their Board provides for 2012 expenditures of $634,200 or about 12 percent more than the projected expenditwes for 2011. Dr. Bums stated 79 percent of the budget is for projected marketing and promotion of the area; 21 percent is spent for administrative and overhead expenses. They have decided to spend a little more money in 2012 because they have a fairly sizable cash balance and rather than sit on that, they want to promote the area. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Designating Time and Number of Council Meetings for 2012. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. Approve 2012 Development Review Schedule for the Planning Commission and the Appeals Commission. Councilmember Varichak noted on page 15 it appeared there should also be two asterisks next to the line, "City Council Meeting — January 7 or January 14, 2013," indicating the date is subject to change. APPROVED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 3 5. Claims (152363 —152633). APPROVED. 6. Licenses. APPROVED THE LICENSE5 AS SUBMITTED AND AS ON FILE. APPROVAL OF PROPOSED CONSENT AGENDA: Councilmember Bolkcom asked that Item Nos. 2 and 3 be removed. MOTION by Councilmember Bolkcom to approve the consent agenda with the removal of Item Nos. 2 and 3 and adding approval of the minutes of the September 21, 2011, Planning Commission meeting. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 2 and 3 and adding approval of the minutes from the September 21, 201 l, Planning Commission meeting. Seconded by Councilmember 5aefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM. VISITORS: No one from the audience spoke. PUBLIC HEARINGS: 7. Consider Repealing Chapter 510 of the Fridley City Code Entitled, "Tree Preservation: ' MOTION by Councilmember Saeflce to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:43 P.M. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 4 Scott Hickok, Community Development Director, stated Chapter 510 of the City Code will not allow removal of trees in a public right-of-way without a very formal and elongated process. On May 23, 2011, the Parks and Recreation Commission recommended modification to Chapter 510 of the Fridley City Code. In June, the Planning Commission reviewed and recommended modifications to the ordinance that was presented by the Parks and Recreation Commission. Both the Pazks and Recreation Commission and the Planning Commission agreed the changes should be made. Mr. Hickok stated Council held a public hearing on this and there was a first and second reading of the ordinance. In retrospect, however, the best action would have been to repeal the ordinance altogether and replace it with a policy regarding tree removal on public properties. The origin of the ordinance was to protect Springbrook Nature Center from being developed as a golf course many, many years ago. The reality is that trees that need to be removed in the City's pazks and pubiic lands cannot be removed when necessary because of being bound by this ordinance which makes it very difficulY to do so. Mr. Hickok stated staff prepazed a policy that both protects the City's trees and allows, when necessary, the removal of trees in its parks and public right-of-ways. It was prepared by the City's forester and reviewed by the Public Works Director, the Community Development Director, and the Parks and Recreation Director. Mr. Hickok stated staff recommends Council hold a public hearing and take comment on the action to repeal Chapter 510 and consider repealing it and replacing it with the policy recommended by staff. Councilmember Bolkcom asked if school property is considered public property. Mr. Hickok replied, yes, it is. Councilmember Bolkcom asked if Totino Grace was considered public property. Mr. Hickok replied that is private property and would not follow Chapter 510. Fridley High School and Middle School would be considered public propeRy. Councilmember Bolkcom asked if the public hearing was to repeal the ordinance and to discuss the Tree Management and Public Lands Policy. Mr. Hickok replied the hearing is to bring both items forward. Councilmember Bolkcom stated under the proposed CiTy policy for tree management on public lands, she believes most people do not know the word, "promulgate" means "publicly declare." James Kosluchar, Public Works Director, replied the first paragraph should have been eliminated. The question regarding Parks and Recreation Commission is answered in 3(C)(4); therefore, trees larger than 3 inches in diameter will require a site plan to be submitted to the City Forester and Parks and Recreation Commission. FRIDLEY CITY COUNCIL MEETTNG OF OCTOBER 10 2011 PAGE 5 Councilmember Bolkcom stated in (C)(1), the review by Parks and Recreation Commission, she thought about the dog park as an example. It actually interchanges to any park, because it is Fridley's park but Anoka County basically maintains it. It actually has to come back to the City Council, and it has not in the past. There were a fair amount of trees removed when the dog park went in and with the previous changes that happened there, it should have come back to City Council as that was part of the Joint Powers Agreement. They may want to keep that separate, and she thinks there should be something in this policy. William Burns, City Manager, mentioned there is Manomin and Riverfront, too. Councilmember Bolkcom stated they have to be careful these do not supercede that because it is in that agreement. This should be looked at before this comes back to them. Councilmember Bolkcom asked if railroad right-of-ways are considered public right-of-ways. Mr. Hickok replied, that is correct. Councilmember Bolkcom stated they can come in and cut down any trees they want because it is the Railroad's property. Mr. Hickok replied, that is right. Councilmember Bolkcom stated it is confusing to some people because they think it is the City who is coming in and cutting them down. Councilmember Bolkwm stated she did not understand the section on "Utilities" and asked that it be explained. Mr. Rosluchar stated this controls the plantings under those lines to avoid running into circumstances where they have large trees interfering with the power lines. The trees have to be trimmed out and aze weakened and look unsightly. Councilmember Bolkcom asked, however, for trees that are already there, in reference to a power line along one of the City's parks, this sort of tells her the power company can come in and do that. Mr. Kosluchar stated the City does not want to interfere with the power company's right, authority, or judgment when it comes to trimming around their electric lines. They are going to do the minimum work they have to in order to make sure their lines stay up. Mayor Luud stated regarding the statement that `bnly small trees shall be allowed to be planted," would it be better to say "small species type tree." He thinks it needs to be defined more cleazly. Dr. Burns suggested, "trees with normal growth under ten feet." FIiTDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 6 Mr. Kosluchar replied, that is a very good idea and maybe they can show examples or a category of small species of trees that can be used. Mr. Hickok stated the power company does have a list which would be good to insert. Councilmember Bolkcoro stated regazding the acceptable plant types for public property, basically this is all they are expecting anyone to plant. Mr. Kosluchar replied, he really feels this is geazed toward public and staff utilization for this policy right now. Councilmember Bolkcom stated she perceived this as any tree you put in the park has to be a certain size. Are they hurting themselves by saying it has to be 3 inches in diameter? Mr. Kosluchar replied, anything the City plants is going to be substantia7. Councilmember Bolkcom asked whether the City forester would approve every tree that goes in any park. Mr. Kosluchar replied, he should. He said he does not know about the Anoka County Parks Department. Mr. Hickok stated to answer the part of the question as to whether we aze consistent, on private properties where there are industries or commercial planting, trees must be a 2.5-inch caliper minimum. This is half inch lazger but consistent with what the Forester is interested in. Councilmember Barnette stated at the stop sign on 66`h Avenue at 7`h Street, there is a tree on the corner which may be in the right-of-way. There is a branch hanging down in front of the sign. Would the owner be able to cut that branch or would he have to contact the City? Mr. Hickok stated it sounds like it is a visibility issue at the roadway, and the City would take caze of that. Councilmember Bolkcom stated, for example, yeazs ago she planted a tree in the public right- of-way and now she cannot trim it? Section 3(C)(2) says no person shall trim, cut, prune, or otherwise eliminate growth from any tree on public property without a permit. If there is a branch hanging over in the street or hanging over her garden and she wants to trim it, is she allowed to do it? Mr. Kosluchar replied, they will have to look at that. He said it goes back to the earlier discussion of what do they want to permit in the right-of-way. MOTION by Councilmember Barnette to close the public heazing. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 7 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 8:08 P.M. 8. Copsider Proposed Assessment for 2010 Street Improvement Project No. ST. 2010-1A. MOTION by Councilmember Saefke to open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 8:09 P.M. Darin Nelson, Finance Director/Treasurer, stated this project assessment pertains to the mill and overlay of City streets as part of the City's street resurfacing plan. As they may recall, the area under consideration has been held over from a previous assessment hearing in October, 2010, to allow correction items to be addressed by the contractor. The City Council set the special assessment for the other portions of the 2010 street improvement project at Chat time. The contractor has since performed the necessary corrections. Mr. Nelson stated the total number of properties subject to this assessment is 192 with a total assessed cost of just over $269,000. Each single-family residential property is proposed to have an assessment of approximately $1,370 which is equivalent to the propeRies previously assessed for this project.� There is one property located along this assessment azea that has potential for a lot split so the amount is doubled. Mr. Nelson stated the assessment payback period is ten years. Payments aze subject to a 6.5 percent interest rate, and owners have until November 23 to pay a portion or all of the assessment interest free. Councilmember Bolkcom asked Mr. Nelson how does the City arrive at the 6.5 percent interest rate? Mr. Nelson replied, that interest rate was also the previous interest rate for last year's assessment. That interest rate is determined by debt service assessment, that debt was issued in 2010 to cover street reconstruction projects from both 2009 and 2010, and the City needs that interest rate to cover those debt service payments. Even though the City's debt service payments are not at that interest rate, the City does need to accumulate that interest rate to account for any prepayments that are made up front that the City does not earn interest over that time frame. Also, there are other out-of-pocket costs the County chazges the City, assessmeni fee per parce] each yeaz along with each assessment roll, along with fiscal agent fees for the City's debt services, too. Councilmember Bolkcom asked is it fair to say the City is not making any money by having this 6.5 percentinterest rate. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 8 Mr. Nelson replied, yes, this is covering the cost of the City doing business. Councilmember Bolkcom stated and the residents have three options they can pay up front, they can get their own loan and pay it off; and, they can do the 6.5 percent interest rate the City is offering. Mr. Nelson replied, yes, that is correct. Councilmember Bolkcom stated and there is also another option for senior citizens. Mr. NeLson replied, correct, there is that as well which is also is income-based. The assessment has to be 1 percent of their adjusted gross income or there is a federal income threshold. It is a very low-income threshold defined by the Federal Community Development Block grant which ranges anywhere from $28,000 to $54,000 depending on the number in your household, etc. They would have to file with that within 30 days of the setting of the assessment. Staff can help them set that up. Bob Melle, 1613 Briardale Road, stated he was an advocate of the postponement of the levy for the road project in 2010 because of the imperfections and poor quality of the job done by the contractor. He thought it was supposed to have a sealcoat put on it which was not fixing any of the imperfections but hiding them. There was no mention of chip being applied to that sealcoat. They were given notice they were going to come in and do the sealcoat. They did. They never rolled it. They came back in about 1%z or 2 weeks later at around 7:30 a.m. on a Saturday which he believed was against all ardinances. Spreading more chip on the road, going azound cars pazked on the side of the road. Mr. Melle stated he has talked to many of the neighbors in the area, and none of them aze satisfied with the project. They feel it is by far inferior quality. The chip surface is already diminished and bleeding through. It was not applied correctly. There was no rolling of the chip; it was a dust bowl for two weeks. When one of the neighbors talked to the contractor on site, the contractor said they were just going to have the cars drive over it instead of having it rolled. Mr. Melle stated he believed in 2010 they also agreed in this assessment and postponement and corrective action that the contractor would be responsible for coming back to Rice Creek Road and reheating the seam that runs pazallel with the traffic lane drive and roll it perpendicular which is the proper way. That has not been done. In their viewpoint they have a very inferior product that is not worth the amount that is being assessed to the ta�cpayers and the citizens in this azea. It is not going to last the time period, 20 years or so, as is expected on a road. It looks worse than it did before the project even started. In his opinion it is not worth 25 percent of what the City is asking them to pay, and he strongly objects to paying the full amount for a project that is not of a quality product. He does not think anyone here would pay full price for an inferior product that was not guazanteed to work. Steve Jusich, 1643 Briazdale Road, said he is not really qualified to speak to the structural integrity of it but he asked, regarding the initial presentation, before the project ever started, the FRIDLEY CITY COUNCIL MEETING OF OCTOBER 1Q. 2Q11 PAGE 9 City explained putting the rock down as a short-term fix but, in the ]ong run, it actually shortened the life of the road. Mayor Lund asked Mr. Jusich whether he was talking about the slurry and the gravel that was put on a8erwards? Mr. Jusich stated, yes. Mayor Lund replied, he has never heard that one before but will have Mr. Kosluchar respond to that. In fact, they do that tkvoughout the City in a cycle and it is to enha�ce or improve Yhe road as far as making it longer lasting. Mr. Jusich stated aesthetically speaking it does look worse with the rock and slurry. Nichole Mundis, 1623 Briazdale Road, stated she does not know much about construction or streets but she recalls when the sireet was finished she remembered going to Bob and asking, are they finished because this looks honible. The taz goes up over the sides of the street, the manholes aze not even with the street. Furthermore, she does not know who the construction company is who was hired to do the job; but they were completely rude and unprofessional, working at hours that were unacceptable. She was coming home at 9:30 one night, they had all the roads blocked, there was no warning that would be happening, and they started yelling at her for getting in their way. She is a single mom, she has a four-year old, she cannot even afford her mortgage at this point, and to then be putting these assessments on and asking her to pay for something that looks the way it looks is absolutely ridiculous. She works in customer service and, when you are given a product like that, it is ridiculous to pay for that. She thinks the only way to fix it at this point is to tear it up and redo it. That is how bad it looks. It did look better before. Fadumo Yusuf, 6140 Fifth Street NE, said he is talking about the assessments. The residents only have two options: they have to pay up front or have the 6.5 percent interest. She also asked if they could have the option to anange payments. Mayor Lund repiied, that is what the 6,5 percent interest rate is. It is put on your property taxes for ten years. It would be the assessment amount at the 6.5 percent rate. Councilmember Saefke stated also if people think the City's interest rate is too high they can always get a loan through a bank, pay the assessment amount off, and then pay the bank off. James Kosluchar, Public Works Director, regarding Mr. Melle's comments, the City of Fridley typically installs chip seal. It is more durable. Aesthetically it may not please all the people along the project route, and that was not the City's intent. What it wants to do is provide for the longest life that it can with the street; therefore, the City installs a product the City is familiar with and feels the asphalt emulsion there is going to seal up any voids left by the original paving work. In regard to no mention of chip seal, staff did not have an impression of what folks thought the product was going to be. The City does sealcoat in other areas of the community, FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 10 and he thought it was pretty cleaz when they talked about it at Council meetings that this was the product they would be using. Mayor Lund stated looking at the sealcoat update, dated July 1, it does talk about sealcoat. It does not specifically say the type of sealcoat with the chip although the chip seal is long-term, and has been well-used for a long time in the City of Fridley in rotation. Approximately every eight years the streets get the chip seal. This is consistent with what has been done for many yeazs. Councilmember Saefke stated he thinks the confusion was because there is a difference between just sealcoating and mill and overlay. The mill and overlay should last longer than just plain sealcoat without doing any mediation besides crack filling on the base. Maybe that is where things got confused--that the mill and overiay was actually supposed to be better than just plain sealcoat. Typically when the City says, "sealcoaY' it usually pertains to chips, rock, or gravel of some sort as opposed to just dropping slurry like you have on a private driveway, All it does is malces things ]ook pretty for a while and if you have too many coats, it peels of£ The chip is actually better. Mr. Kosluc6ar stated in regard to the street project, the sealing of the streets was in direct response to the open grading on portions of the streets that, while they do not think it was really a structural concern, they thought it was a durability or weat concern. In other words, water gets in there, ice forms, and it starts to expand and erode the surface. There may be some aesthetic concerns as far as rough edges and things like that. You will see this on other roads where the City has done mill and overlays recently. They do not replace all of the curb. By not replacing all the curb, they do not have a perfect straight pavement match with the curb. Mr. Kosluchar stated the contractor's duty is to basically maintain a pretty level grade in order to provide decent ride and, if the curb is jumping up and down, even fractions of inches in between segments there is going to be that edge. They try to take out the worst of the curb. O� this job, they probably did more curb percentage wise than they have on any mill and overlay in recent yeazs. They had a fairly large change order for some of that curbing. They are also trying to hold down costs while doing this. It is like buying a house that is not newly constructed. You are going to have some of the underlying issues with the old street but you try to make it structurally sound and make it last and lengthen the time between reconstructs. Mayor Lund stated every councilmember has looked at these streets from way back last yeaz when they did not allow the assessment to occur because they wanted corrections made as well; that there were some areas where the asphalt was c]early higher than the curb. The asphalt is not necessarily going to meet the curb which is up and down. You put the asphalt at the high points, otherwise you aze going to be following curb that is up and down and it ]ooks wavy. Mr. Kosluchar stated they did direct the contractor to heat and roll the edges on those portions that were adjacent to someone's driveway so they did not have issues with plowing, etc. They still believe the remainder is more of an aesthetic concern than a functional concern. Basically the street directs water to the gutter still, and the gutter cames the storm water away. It functions as it should. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 11 Mr. Kosluchar stated in regard to the contractor and unprofessional activity, he is sorry to hear about that. It is the first he has heard about this particulaz instance. Mayor Lund stated the City has heazd on several occasions, complaints about hours of service. There was a discussion about a contractor who was there until late in the evening laying asphalt and it was his understanding the supervisor on that job was terminated. He said the City did try to address that with the contractor. He does not know of another time the City has ever withheld an assessment for an entire year to make the contractor try and make amends for problems that needed to be corrected. Councilmember Saetke stated regarding Rice Creek Road, that is a County road. As far as that road goes, the Anoka County Highway Department has approved that. It meets their satisfaction as far as quality and workmanship. Mayor Lund stated they had some corrections made, too. Councilmember Saetke stated there were some corrections made which were done last fall. He said he was concerned that they aze mixing up last yeaz's public hearing issues with this year's. If the remediation was done outside of normal work hours, he would like to hear about it. They already know about last year's starting early and working late. That is one of the reasons why the City delayed this thing for a yeaz so these problems could be resolved. The City did take a consultant who is an expert in roads out to the site as recently as today. He examined everything. Mr. Kosluchar stated it was a consultant who used to work for MnDOT and who worked for other municipalities. There was maybe some aesthetic concern on the consultanYs part; no functional concern. In addition, they had discussions with MnDOT eazly on in this process when they were trying to get the contractor to provide a corrective remedy for the work that had been done. As faz as Rice Creek there is a visible seam; however, where the actual edge is, the impediment or concern, it was reworked last fall and Anoka County did accept that. There is a similar seam if you drive westbound on East Moore Lake Drive from Highway 65. Typically there is a seam at the crown. It is less visible or less noticeable. In this case it is in the middle of the lane, because they are trying to pave as much as they can with one pass. Mr. Kosluchar stated as far as the time the work started, he was not aware of that issue. William Burns, City Manager, stated the consultant who was out today is a consultant and not a member of a governmental agency. He is a well-respected consultant from WSB Associates Inc. He said he was also there, and the consultant's commentary was that while there are some slight imperfections, the street is very normal. While the contractor made some eazlier mistakes, they have gotten those cleared up; and the street is an acceptable street. Councilmember Bolkcom asked if this was something normal yau would see in a reconstruct. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 12 Dr. Burns replied, as Mr. Kosluchaz stated if they try and match the gutter with the street, you are going to have a rolling street because the gutter has imperfections. What the contractor is trying to do is make the street as flat as possible. When you do that there are some instances where the asphalt may be higher. He thinks the City has addressed the extreme cases. He said he did not see any extreme cases on all of the streets he looked at today. He thinks it is acceptable. Councilmember Bolkcom asked is it fair to say that if anyone has any problems, the City wants to heaz about those areas where they now have water collecting. It does not mean just because the assessment is done, we aze not done with any problems. The City wants to hear about issues so they can be corrected. Mr. Kosluchar stated there is also the warranty work. There is a two-year warranty on the concrete work after the project is accepted, and the wananty period on the general work is one year. The City wants to hear about any further issues or concerns. He would rather be called out and know about small problems than not know about anything that is going on at all. Councilmember Bolkcom asked when does the warranty started. Mr. Kosluchar stated he believed the warranty on the contract is based on the final payment and closeout. Councilmember Bolkcom asked whether the contractor has received final payment? Mr. Kosluchar replied, he thinks they did just receive final payment. Councilmerober Bolkcom stated hopefully this spring those issues would show up. Mr. Kosluchar replied, absolutely. They do know that the cul de sac has already taken a beating with the chip seal because of garbage trucks, but that is typical. Councilmember Saetke stated regazding the allegation the contractor did not roll the rock when they put it down, was that not done? Layne Otteson, Assistant Public Warks Director, replied he was out there while it was being laid, along with an inspector from WSB. That inspector is a professional sealcoat inspector. Half of his job is just sealcoat work. Mr. Otteson stated he did see a roller out there and it was rolled. A comment was made that on a Saturday after that there was some rock placed in the morning. He was not awaze when that was done, but he called the contractor and directed him to provide sand blotting. Those are areas where the oil comes through the rock in certain azeas which basically gets it to be blended back in and absorb by the oil. It is very common on a sealcoat project to have issues like that. It is in the contract. They expect to have some oil bleed through, and that is why they require the contractor to respond immediately with sand blotting. The contractor probably was maybe a little over zealous in response to Mr. Otteson's phone call to him and got out there a little bit too eazly on Saturday. The starting hours are 9:00 a.m. unless otherwise approved by ihe Public Works Director. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2011 PAGE 13 Mr. Otteson stated the reason why they had an inspector WSB watch a sealcoat is because, with a brand new street it is different. In the past they would have been sealcoating streets that had either been previously sealcoated or 8 to 10 years old. Putting oil on a brand new street that already has a high oil content, there is some concern that if you put too much oil on it, it just does not react very well, sets up very poorly, and they could possibly end up with a greater mess. By employing the services of a consultant, they are able to have him watch the application rates work very closely with the applicator truck and make minor adjustments to the application and also watch the rock going down and make sure it is clean and the correct rock. Mr. Otteson stated he walked part of Rice Creek Road with the Anoka County Highway Department inspector and then he had him walk the rest of it with a city inspector from Central Avenue all the way to Stinson, to the City limits. They walked the extent of it both ways, and Anoka County identified areas that fused going eastbound and westbound that are in the center of the lane. He identified areas that needed to be heated up and rolled flat. Mr. Otteson stated regazding the concern that a manhole was not even, there is a manhole out there that has a littte bit of a bump in it. He talked to one of the residents who lives adjacent to that manhole. That resident did not want him to send a contractor back out there and adjust that manhole. Mr. Otteson told him they will watch the snowplowing this winter and, if it is an issue for the City, they will come back and cut it out. That is a borderline manhole where they can fix it or leave it. Mayor Lund asked if it was because the resident did not want a patch around the manhole. Mr. Otteson replied it would look like a big black diamond in the sealcoat azea. In 201Q he got a telephone call from someone who stated the workers blocked passage and said something rather derogatory far the person to drive around. He immediately went out to the project upon heazing that complaint and talked to the foreman at that time, and he was advised that would end or the project would be halted until the president of the company came out to have a discussion regarding the conduct of their employees. In that same azea the contractor took it upon himself to be expedient and work until about 10:00 p.m. The police were called by a resident. They came out to the job and stopped the contractor from working that night. He said he received the report the next day. The officer did not issue a ticket. Mr. �ttesoa stated staff would be happy to meet with residents if they have an ongoing concern regazding work whether it is this fall, tomonow, or next spring or over the following years. They will go back on the City's projects afrer years and look at something that is not quite right. Mayor Lund asked about the parked cazs the contractor rolled around. He asked whether there was any notification as to the date when they were going to put the slurry down and rolling. Mr. Otteson replied, two notices went out to the residents. The last notice is tl�e one that is just a couple of days before [he sealcoat. They let the residents know when the sealcoating is taking place. If a vehicle is in the way, the City hires a tow truck to come and hook up to the vehicle, move it off to the side. They also post signs, "No Parking by Police Order" He believes Mr. Melle may have been referring to when the workers went around and they kind of picked areas FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 14 where the oil had come through, and they were doing a little sand blotting. However, if Mr. Melle would like to contact him and explain it further, he would be happy to talk to him. Mayor Lund stated sand blotting is a normal process or outcome of putting slurry and chip on. He asked whether there was more of the sand blotting than normal because of the newness of the road and saturation of oil. Ma Ottesoa replied, he knows it is not less than what would be typical. If he were to lean in any way, he would say, yes, there was a te�dency for a little more sand blotting than what there typically has been. Mr. Kosluchar stated the idea of sand blotting is not necessazily a bad thing; it means that the rock is getting coated properly and that is the whole idea of the sealcoat. If you are not sand blotting, you may not be coating that rock which may loosen up over time. Mr. Kosluchar stated also clarifying about the contractor performing in Fridley, these two contractors aze separate contractors. There is the one who performed the sealcoat installation vs. the contractor who constructed the roadway. The contractor who did the mill and overlay actually paid for the other contractor to come in and do the sealcoating. That was a City's choice of contractor. Councilmember Varichak stated she talked with Mr. Melle last week and formulated her questions to City staff. She asked when they do the dusting, there is no rolling once the sand is laid down right after the sealcoat. They drive over it, and it creates dust in the azea, correct? Mr. Otteson replied, that is correct. It is sort of like putting floor-dry down in your garage when you have an oil spill. You put it in just those areas, you spread it around, and it absorbs the oil, it works in, the vehicles drive over it, and it becomes part of the sealcoat. Eventually the contractor comes back and sweeps it back up. In the event of dust and sand that is excessive, the City would like to receive a phone call so they can properly address it otherwise the sand kneads itself to the sealcoat and becomes part of tbe sealcoat. Councilmember Varichak asked at any time did any of the people on Briardale Road contact Mr. Otteson before the public heazing about any of these issues that were addressed tonight? Mr. Otteson replied he received an e-mail and a telephone call from a resident who lives north of Briazdale who was very happy about the project and the drainage. However, as far as any complaints, he does not recall receiving any telephone calls or e-mails for the City to respond and go out and look at something other than the e-mail forwazded by Councilmember Vazichak. That would date into the summer, maybe the spring, or last fall when they may have received some calls. Councilmember Varichak said they were just out there looking at the issues at hand. Mr. Otteson replied, if a resident was looking for City staff to come out, whether it is himself, Mr. Kosluchar, or a staff inember, they would set up an appointment. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 15 Councilmember Varichak stated they did receive a letter from a lady who was not aware of the public hearing at the time, and she did not feel her road needed to have the repair done. However, there may be azeas that do �ot look as worn but, because the City is doing the whole project,they are included. Mr. Otteson replied, yes, but they also look at the road rating of the street. If a street is not rated low enough, they will not include it even if it is in the middle of the neighborhood. Ideally the City would like to group all the neighborhoods so that every 20 to 30, maybe even 35 years, they aze coming back into a neighborhood and they are doing all of them. However, the way Fridley was built through the yeazs, there are a lot of streets that are 10 to 15 years older than other streets within the same neighborhood depending on the rate of development. Mr. Kosluchar stated regazding the letter they received, staff did check and they did receive preliminary notice on the project. Councilmember Bolkcom asked if staff could go through how the whole process works for when the City decides to do a project. Mr. Kosluchar stated, not having dates on hand, he can tell them that in the fall of 2009 the Council originated the project by resolution and, at that point, one of the things they do is prepare a feasibility report which is a paR of the direction of Council. One of the processes that they started with in this project was to have the City's open house prior to the completion of the feasibility study so they could include any comments or concerns that residents did have. They came back to Council with the feasibility study, and that is where they talk about the street rating and whether a street should be included. Staffs recommendations are made to Council. After reviewing the feasibility report, Council will then direct the preliminary hearing which is pre- construction, pre-bid, they are still in the design basically at that point. He believed that was held either late 2009 or early 2010. At that hearing, people are able to speak about whether they suppoR the project. The City notifies residents by letter of the open house and the hearing. When they notify by letter they estimate what the assessment range could be. They try and come up with a conservative estimate. If Council chooses to go forward with the project, staff will go forward and bid; and then the construction happens. Typically in the fall of that season, they will have their final hearing on assessments which they did last year. Mr. Kosluchar stated they will recall the assessment was seC for the westerly portion of this project. Council had set the assessment on half t6e project and decided to wait until the corrective items were completed on this portion of the project which is the eastern half. Councilmember Bolkcom asked if they would have received a letter about this public hearing tonight? Mr. Kosluchar replied, correct. There is another letter the City did mail out regarding the assessment. Again it indudes the proposed final assessment per the assessment roll and, everyone who is subject to that assessment is notified �uith their corresponding amount. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 16 Councilmember Bolkcom asked and afier tonight's meeting if the assessment is passed, then they also receive another letter. Mr. Kosluchar replied, that is correct. This is a letter from Finance and basically it talks about the assessment and the timeframe in which to either prepay or make payments and what the terms aze and also includes information regarding the senior deferment. Mr. Melle stated he respectfully disagrees. There was no rolling done of the chip on the Briardale side of the street in the project. One of his questions would be, in a mill and overlay, what is the longevity expectations? It was said the chip coat is a remedial fix which is expected to be about 8 years. With the technical complications of doing a sealcoat over a brand new surface as it has been indicated, what is the expectations of the longevity of this road now in comparison to one with a properly installed mill overlay? He asked regarding the experts the City brought in, would those reports be made public for the residents' review? It was indicated there are better ways to do Rice Creek,. It was mentioned last yeaz again that it was a hazard and danger to motorcyclists, having it in the center of the lane and offset. If they look back at the notes of that meeting last yeaz it was said they would do corrective action and that was part of it, that they would heat the same and roll it perpendicularly. He is not as interested in what Anoka County or anyone else says. That is the conective action that was agreed upon in last year's meeting. It has not taken place. Mr. Melle stated regarding the manhole on 61s` Street, right above them, between Stinson and Benjamin, that manhole is about 2 to 2%: inches below the surface. He is not sure what manhole was referred to as being acceptable. In his opinion that one is not. It was mentioned they did not call and notify Yhe City of activities of the contractor. He does not believe it is his responsibiliry to notify the City Council of activities of their contractor if they are doing things above and beyond the legal limits of ordinances. He takes exception to that. Mr. MeRe stated it was said that final payment was issued. He was surprised to heaz that. When the Council meeting was scheduled for this date, the final payment was issued before public hearing. He is a little disappointed in that. Councilmember Bolkcom asked Mr. Melle to repeat what he said. Mr. Melle stated it was stated final payment was given to the contractor already. When the question was asked about the one-year warranty, it was indicated that the final payment had been made. He is surprised that the final payment had bee� made prior to public hearing. He believed there are new roadway projects for 2012. He asked if the specifications for those projects been reviewed to make this situation not happen again. He is a little disappointed that this contractor is being considered again. He is not sure if taking the lowest bidder is the proper attitude for longevity of a project. Ms. Mundis stated she reiterates what Mr. Melle said. She feels like she is heazing a lot of okays and the consultant that the City brought in said it was acceptable. They are paying the money for this, and she does not think that "acceptable" is okay. She does not think okay is alright. When you pay for a product, it needs to meet high expectations, She has lived in Fridley FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 17 and Spring Lake Pazk, she has seen roads go in, and she knows what they are supposed to look like. She understands it is a remake and she hears that it is going to last forever, that is great, but aesthetically what do they want the community to look like. She works in North Minneapolis. She works in the urban areas of St. Paul. She does not want our neighborhoods to become something that is just okay. It should meet high standards. She hears all of them saying it does not meet high standards, but it is just okay. She is not okay with that because she is paying for it. MOTION by Councilmember Barnette to close the public hearing. Seconded by Councilmember Saeflce. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 9:07 P.M. Mayor Lund stated under the contract performance, he understands the points made about excellence. He thought staff has followed through with a number of the complaints and so has the City Council over this whole process from last year. Ultimately the City and taxpayers will have to pay an assessment. He does not think there is any recourse short of doing an assessment, and he thinks it is fair. He thinks there were some problems with it, and understandably, people were upset about it, and he thinks that those have been addressed. The contractor has not necessarily admitted to all of those; but did hire another firm to do the slurry and the chip seal. Mayor Lund stated staff did a fairly decent job about keeping people informed about upcoming things. He thinks it is not a perfect job; probably never will be. There were some places where there were a couple more inches of asphalt where it needed to be corrected in his opinion but as he understands the process, better to have too much than not enough so you do not have water pocketed, etc. Mayor Lund stated as far as Rice Creek Road, the City did notify the County; and they are in chazge of their own project. He does not know if that cross-rolling Mr. Melle mentioned was ever done. Mr. Kosluchar stated as Mr. Otteson pointed out, that was walked with County staff and the City's inspector and those locations that needed to be rolled were rolled. The entire length was not heated and rolled. To even go out there today and see portions that aze not heated and rolled there is no seam. You cannot feel it. You can get down on your hands and you cannot feel a thing. It does not make sense to do it in locations where it is not necessary. Again, regarding the crown of the road, in that circumstance there is not a paver wide enough to pave that in two passes so you have to have a seam outside the crown of the road. Councilmember Saetke stated regarding the comment made earlier they would have been better off just tearing ug everything and putting in new streets, if they think this assessment is too much, if streets had been torn up and curbs ripped out it would have cost probably four or five times as much at least. �� FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 18 Dr. Burns stated regarding other places where the seams and the curbs did not match, when they did cuts such as across the way, they went from seam to seam but diagonally across the road. However, to conect that you would have had to have a new street. Councilmember Saetke stated the development did not go in all at the same time, and you had streets going in ai different times with different contractors doing all that work. They tried to make things work and fit. The analogy was talked about before about buying an older home. If you haue ever done any wallpapering or anything of that nature, you aze not going to end up with perfect corners because it is one of the imperfections of construction. Counciimember Bolkcom asked if there was a written report from the consultant. Dr. Burns replied, no. Councilmember Bolkcom stated with any project the City goes out for bid, they have to accept the lowest and best one. They do know there were issues with both of the contractors. The Public Works staff, the City councilmembers, and Dr. Bums are well aware of most of those issues and, if they were to win the bid for next year's street project, there would be a lot more discussion up front. People may ask the City paid the final payment but, by the law, it has to pay that. The City held up the money for some time to get this stuff corrected. At some point they did finish their project. She is hearing some people are not very happy with it, but the project was done and the City has to pay them. Mayor Lund stated the other alternative was for the City to take a hard-line stance and say, no, we are not going to assess and not going to pay you. Then they would have been in court. The City can either work with .them and get the corrections done or hire someone else to do the coneciions. He thinks they did take that into consideration in the final payment and some penalty clauses were embedded into that final payment. Mr. Kosluchar stated they do take this with concern from the City's standpoint. This did take a great deal of effori on his staffs' time. It was not the easiest contractor to work with. It was not the standard of excellence they would like to see. They do see that from most of the City's contractors. They did not see that on this particular project. He ihinks there is some truth to stating they have to entertain bids from contractors who may not perform in an excellent fashion. However, they have taken this one step further and looked at our own specifications and our bidding process and there is new statute that was passed and is in effect as of a couple of years ago which deals with best value contracting and, in that type of award, a City can actually award based on other factors besides price. Its implementation is somewhat troublesome. MnDOT was very instrumental in getting the statutory language passed. However, they have even backed off a little bit f'rom it because it is difficuh from a legal perspective. Although the City is looking at possibly implementing something like this in the futwe. Mr. Kosluchar stated in order to obtain that excellent level and to award on something based on other than price, people aze going to pay a little bit more to do that. He does not think people should necessarily expect this kind of poor service. The City has not had this historically and FffiDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 19 quite honestly did not expect this out of this contractoc The way they performed on the first half of the project, they had very little issue with them and it just turned around. Councilmember Saetke stated sometimes it is not the contractor, but the crew. A major contractor may have a good reputation but a particular crew may not be up to what they would consider high standazds. In this particular case a foreman was let go because of that lack of consideration. Councilmember Varichak asked for people to stay on top of issues and if any arise to notify the City as soon as possible, Mayor Lund stated regarding the pothole that was too low or another one too high, he asked staff to take down the locations of those. OLD BUSINESS: 9. Second Reading of an Ordinance Amending Fridley City Code, Chapter 206, Building Code, Section 206.07, Contractor's Licenses, to Include Sanitary Sewer Service Cleaners. James Kosluchar, Public Works Director, stated the City's sewer supervisor indicates concerns with potential for blockage of sewer mains during contractor work. Contractor licenswe would lay out procedures for notification to the City, provide communicauon to residents, and insurance. The process is to modify Chapter 206 of Fridley City Code. They had a public hearing on September 12, 2011, and first reading of this ordinance and modification on September 19. If it is approved this would be in effect on January 1, 2012. There is annual application fee of $35 per contractor per year. Mr. Kosluchar stated the contractor would provide basic information to owners. The City perceives this need because many owners do not deal with these issues on a regulaz basis, and it is good to know the City can be a resource for them especially when they are dealing with a very expensive and foreseen circumstance. Mr. Kosluchar stated our City would require the contractor to notify the City when cleaning is to be performed. This is to allow the City to ensure the main is clear. This may save the owner from paying for a deaning of their service when it is unwarranted or avoid backup of the main affecting other residences. The insurance requirement is a desire of ours, along with Workers' Compensation in accordance with State law. The City also would like the contractor to carry some liability insurance. Mr. Kosluchar stated the license criteria had never been requested in writing for contractors but some have been requested verbally. There is no issue with State licensing as long as the activities are not licensed by the State of Minnesota currenUy, which they aze not. Staff asks that the City Council move the second reading of the ordinance. FRIDLEY CITY COUNCTL MEETING OF OCTOBER 10. 2011 PAGE 20 Councilmember Bolkcom asked about the last paragraph on page 54, which states, "The proposed license would be annual, and no license would be required at the time of work." Mr. Kosluchar stated to clarify it basically means no license is required on a job-by-job basis. Mayor Lund stated there are no permits required. Mr. Kosluchar replied, correct, no permits aze required. Just the annual license. Councilmember Bolkwm asked and if they want to clear sewers in the City of Fridley, once this goes into effect, then they should come and get their license so they have it done. However, if someone had an emergency, they could go work on that property and then after the fact they would get their Gcense. Mr. Kosluc6ar replied they would only expect them to come in afterwazds and license with the City. Councilmember Bolkcom stated she still believes there is an easier way to do this and a way to try this before they do a license, and she will be voting against this. Councilmember Barnette stated shortly after they had the first reading, he had the unfortunate circumstance of having a sewer backup. He followed the rules very closely. He immediately called the City. The City came out very quickly. They came out and shot the line in front of his house and said it was clear. The sewer contractor came out and did his job, and they talked in great detail about this proposed ordinance. He asked the contractor if he was in favor of this or against it. The contractor stated in his mind it really did not make a great deal of difference. The $35 is not going to kill him. He read through the application and he had some questions about the background check. Basically he said most contractors are up front. He did not see a problem and felt it might even protect some of them. Councilmember Bolkcom stated she received two e-mails from people saying they felt it was not necessary and to do it a different way. Councilmember Varichak stated she did also receive an e-mail from someone who was not in favor of this. Councilmember Barnerie asked if they said why? Councilmember Varichak replied, they said if this gets approved, then they would have to go to Mounds View and then Spring Lake Park and Minneapolis and get licenses and it would just be a bunch of money doweled out for a]icense. Not like a State ]icense where you have to pay a one-time fee but would be for every single city they would work in. Councilmember Saetke stated his solution to that would be to let the State license the people and make sure they are bonded and insured, eta Then individual municipalities would not have to. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 21 Councilmember Bolkcom stated that was her point is to work through the contractors division and actually have it happen. However, now there will be no incentive by the City of Fridley. Mayor Lund stated the Sewer Supervisor hit it home for him and that is in one incident alone it cost the City over $100,000 because of blocked sewage and the results. He thinks the $35 fee seems pretty minimal and that is just to pay for staffls time to make sure the licensing is taken caze. He thinks that is a fair deat. A lot of times things start on a local level and then the State takes it away and preempts and makes it a state licensing. MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt Ordinance No. 1286 on second reading and order publicatioa Seconded by Councilmember Barnette. UPON A VOICE VOTE, WITA MAYOR LUND, COUNCILMEMBERS BARNETTE, VARICHAK, AND SAEFKE VOTING AYE, AND COUNCILMEMBER BOLKCOM VOTING NAY, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY ON A 4-TO-1 VOTE. Councilmember Bolkcom asked how the sewer cleaners were going to find out about this. Dr. Burns replied they are going to let them know. Mr. Kosluchar stated they might even do something in the City's newsletter. Councilmember Saetke said they may want to list them in a brochure so people can refer to it quickly and easily. Councilmember Bolkcom asked if they could legally do that. Darcy Erickson, City Attorney, replied, yes, it is public record they obtained a license through the City. The City would not want to endorse or recommend anyone. NEW BUSINESS: 10. Resolution Adopting the Assessment for 2010 Street Improvement Project No. ST 2010-1A. MOTION by Councilmember Vazichak to adopt Resolution No. 2011-48. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLAI2ED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 20ll PAGE 22 11. Special Use Permit Request, SP #11-02, by Schmidt Osbome, LLC, to Allow Limited Outdoor Storage, Generally Located at 7580 Commerce Lane N.E. (Ward 3) and Resolution Approving Special Use Permit, SP #11-02 for Schmidt Osborne, LLC, 7580 Commerce Lane N.E. Scott Hickok, Community Development Director, stated the petitioner hopes a spec ial use permit will be granted to allow outdoor storage and make his site more marketable and help with the potential sale of his building. He understands the City Code requirements to allow for outdoor storage and is agreeable to those standards. City Code allows limited outdoor storage in the industrial districts, and that is up to 50 percent of the building footprint with a special use permit. The building squaze foot dimension is 21,754 square feet, so the City Code would allow up to 1Q877 square feet for outdoor storage on this site and that is what is being requested. Mr. T-Iickok stated because a tenant has not been identified for this site at this time, it is unknown what type of materials will be stored outside. However, again, the petitioner understands the caveats of the ordinance. Based on the breakdown of uses within the building, which was provided by the petitioner, parking needs for this site will be 16 stalls. The petitioner has shown on the submitted site plan, 19 stalis. If the building is used for anything other than warehouse, additional parking may be required. Mr. Hickok stated the outdoor storage azea will need to be screened from the public right-of- way. There is a chain link fence already installed with screening slats; however, some slats are missing. New slats will need to be installed where there aze missing sVats to ensure the proper screening from the right-of-way. The proposed site plan otherwise meets all of the outdoor storage code requirements. Mr. Hickok stated regarding neighborhood comments, City staff heard from the business owner to the south of the subject property. They had questions about the types of items that would be stored outside. Those items of course are unknown at this time; however, a new tenant would be reyuired to comply with the Code. The neighbor seemed okay with that as an answer. Mr. Hickok stated the Planning Commission heard this item at their September 21, 2011, meeting. After a brief discussion they recommended approval of this special use permit with the following stipulations: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing fence shall have screening slats installed to allow proper screening of the outdoor storage area before occupancy of a new tenant or buyer. 3. If parking becomes an issue on this site, based on use of a new tenant, additional parking shall be required. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 23 4. Any new tenant or property owner shall be required to comply with Code requirements for limited outdoor storage. Mr. Hickok stated staff recommends concurrence with the Planning Commission noting that SP #11-02 will repeal and replace SP #03-23 for this property. City staff also recommends approval of the resolution. SP #03-23 was also a special use permit for outdoor storage of a different type and from a different period of time in the City's history, and this new special use permit is in accordance with the new standards that have been defined in the City Code. Councilmember Bolkcom asked how tall is the fence going to be. Mr. I-Iickok replied the fence exists right now. It is an 8-foot fence with screening slats, vines, and barbed arm on the top of it. Councilmember Bolkcom asked how far above the fence they can store things. Mr. Hickok replied the Code says 12 feet. Councilmember Bolkcom asked are there some special use permits where the City does not allow them to go above the fence. Mr. Hickok replied if you have a 20-foot fence, you cannot exceed that. However, when Council adopted the outdoor storage requirements, they allowed the footprint to be up to 50 percent of the principal area of the building. The standard industrial fence height is 8 feet. They can have a 3-strand barbed arm which this site does have, and they also would have screening slats in this case in order to make it fully meet the Code requirements. Inside that fence, can be up to 12 feet of stored material. Even though they do not know what precisely will be stored, they said they will not exceed the 12 feet. Councilmember Bolkcom asked with the storage being 50 percent, where would the other pazking go? Mr. Hickok replied, staff has looked at the site; and there is adequate space to expand from 19 parking spaces in the event it is necessary to do so. Couucilmember Bolkcom asked the petitioner if he is aware of the stipulations? Bob Cote, peUtioner, replied he is aware of the stipulation and Counciimember Bolkcom asked the petitioner if he can work within those stipulations? Mr. Cote replied, conect. Attorney Erickson stated it might be wise to include in the resolution the statement that the prior special use permit is actually repealed. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 24 MOTION by Councilmember Bolkcom to approve Special Use Permit Request, SP #I 1-02 and Adopt Resolution No. 2011-49 with the following stipulations: 1. Outdoor storage on this site shall remain in the approved outdoor storage areas only. 2. The existing Fence shall have screening slats installed to allow proper screening of the outdoor storage area before occupancy of a new tenant or buyer. 3. If parking becomes an issue on this site, based on use of a �ew tenant, additional pazking shall be required. 4. Any new tenant or property owner shall be required to comply with Code requirements for limited outdoor storage. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to amend Resolution No. 20ll-49, by adding the statement, "This Special Use Permit, SP #11-02, will repeal and replace SP #03-23." Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution Revoking Special Use Permits, SP #95-OS and SP #04-05, Permitting a Garden Center at Home Depot, Generally Located at 5650 Main Street N.E. (Ward 3). Julie Jones, Planning Manager, stated Home Depot obtained a special use permit for a garden center in 1995, SP #95-05. There were violations of a stipulation regarding display and storage outside the garden center walls which began soon af[er the store opened in 1996. To try and solve that problem, Home Depot applied to the City for an additional special use permit to have a gazden center space out in the parking lot, and that was denied by City Council. Outside storage problems continued. Home Depot then decided to expand their garden center azea that is attached to the store in 2004 and applied for a special use permit, SP #04-05, that the Council adopted and which amended the previous special use permit. iJnfortunately though, with the expanding garden center, violations continued and that is why at this point staff is continuing to recommend the revocation of the special use permit i� place by resolution. Ms. Jones stated at the September 12 public hearing the district manager, Scott Tesmer, did communicate they felt they had solved some of the communication problems that btought us to this point in complying with the special use permit stipulations. Upon request, he did supply some additional information. Staff is continuing to recommend revocation of the special use permit because the integrity of the special use permit process is in place. The Code states if there are violations of the stipulations of the special use permit, the Council is supposed to revoke that special use permit. FRIDLEY CITY COUNCIL MEETTNG OF OCTOBER 10. 2011 PAGE 25 Councilmember Bolkcom stated she was surprised Home Depot has not contacted the City with a plan since the last Council meeting. Scott Tesmer, Home Depot, stated last time he thinks the question at hand was the Council's belief in their commitment and ability to abide by this. They have put in place a training program and put the store manager, assistant manager, through that going through the ordinance so that understanding is there. In the past, that training and awareness piece was not there. They also have concrete pieces in place from the maintenance and legal departments on the expectations around this, including the piece of land that they discovered they owned to the north. They will police this. They can live within the guidelines. The past is the past and that is the issue, but Council needs to make a determinatio� based on the belief they can go forward with this. It is an awesome store and part of it is to really show commitment beyond just ordinance guidelines, and the fact that Home Depot allows the store to become part of the community. They are very involved in the community. The commitment of that store is driven by the heart they have for the City they operate in. They want to operate as a healthy business, providing jobs for the community, revenues, tax-base; they are committed to go by the guidelines. Councilmember Bolkcom stated the thing that is tough for her being on the City Council for some time is every once in a while the same thing flares up, and hopefully Home Depot has some new things in place. However, if you look at list from 1995 to 201 l, in almost every yeaz something happened. Mr. Tesmer's predecessors have been before Council before him talking about some of those very same things regazding commitment. Mr. Tesmer replied, yes, the commitmeot can be talked about every year. That is why they put the training in place, going through the ordinances, having the management team sign off and understand what their expectations to deliver on are. Councilmerober Bolkcom stated there are a lot of different options. They can revoke it tonight, or they can revoke it and give them a timeframe they have to follow and, if there is one misstep then it is done and it would be brought back before Council. That is the way she wants to go. He can only give his word and say what is in place that was not before. He has done some improvements outside already, ma7cing the store look better. Councilmember Saefke stated he appreciates all the activity Mr. Tesmer has done so far. A SUP is, as far as he is concerned, a contract between the City and the property owner. The contract allows the property owner to do ceRain things on a piece of property that normally would not be allowed. Usually that contract comes with stipulations. In other words, if the property owner agrees to do certain things, then that contract is a valid contract between him and the City. If that contract is violated by not performing according to stipulations, then the contract is broken; and the City would have an obligation then to revoke that special use permit. Councilmember Saefke stated Council is probably going to do something kind of unique, and it is going to put all of the burden on Home Depot. They will probably unconditionally revoke both the special use permits tonight, but the revocation wili not go into effect unti] sometime ❑ext year, probably August 6, 2012. If there is no violation during that time, then the special use FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2011 PAGE 26 permits stay valid. If there is one violation, then the revocation becomes automatic, and they ]ose the special use permits. He believes Mr. Tesmer is sincere as far as training the employees and so forth. If all of that is true, then there should be nothing to worry about. The special use permits will remain just the way they are. However, if there is a violation, especially with the outdoor storage, then the revocation becomes effective on the date that will be set tonight. The performance record would go through August 6. A revocation would take place he believed August 31 which would give staff time to make a final report. He asked Mr. Tesmer if he understands what he is trying to say. Mr. Tesmer replied, yes, he understands. Counciimember Varichak stated she truly believes the petitioner will abide by the rules. She is voting they stay in the City of Fridley. Councilmember Saetke stated he believes Home Depot is a very, very good corporate neighbor. He is very pleased with the operatio� in general. He thinks this is a good compromise. MOTION by Councilmember Bolkcom to adopt the Findings of Fact in Resolution No. 2011- 50, Revoking SP #95-OS and SP #04-05, permitting a garden center at Home Depot, generally located at 5650 Main Street NE. This revocation is amended to be effective August 31, 2012, providing such revocation will not take effect if there were no sales, storage, or display of plant material or any other material outside the garden center confines which will be documented by the Community Development staff through August 6, 2012. Seconded by Councilmember Barnette. Councilmember Bolkcom asked Mr. Tesmer if he understands the motion. Mr. Tesmer replied, yes, they are guidelines that he can live within that aze the City's ordinances through August. It will be as if this will never be revoked and, if there is one violation up until August 6, this will completely go away on August 31. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TAE MOTION CARRIED UNANIMOUSLY. 13. Approve Change Order No. 2 for Street Rehabilitation Project No. ST 2009-02. James Kosluchar, Public Works Director, stated this change order is on the City's resurfacing project constructed in the sim�mer of 2010. This was the project that used stimulus funding dedicated in late 2009. The construcCion was completed o0 615` Avenue between Main Street and Old Central Avenue. Contract costs through the previous Change Order No. 1 was $557,000 plus. The total amount of this change order is $20,312.50. There aze seve� items of this change order, and it has prior approval of staff and the contractor. Work was directed and completed in 2010. Mr. Kosluchar stated Item No. 1 includes additional repairs to an existing catch basin near Highway 65 and East Moore Lake Drive in the amount of $320.60. Basically that was a catch FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2011 PAGE 27 basin that could not support the weight of the rollers. When doing more milling, the catch basin failed. Mr. Kosluchar stated Item No. 2 is for additional removal and reinstallation of brick pavers in the median of East Moore Lake Drive. Cost of this work was just under $1,399.07. Mr. Kosluchar stated Item No. 3 is for the repair of several settlements that appeared on 615` Avenue (west of University Avenue) during final paving. The cost of this item was $33931. Change Order No.l captured the majority of this work, and this was just an outline for the materials on one final item. Mr. Kosluchar stated Item No. 4 is for additional milling and paving to improve drainage and new pavement at the intersection of 61s` Avenue and Trinity Drive. The cost of that work is $1,402.45. Mr. Kosluchar stated Item No. 5 is for the replacement of middle sections on four gate valves. This work included excavation valves, section reptacement, backfill, and compaction. The cost of this work is $4,151.22 and would be paid for with water utility funds. They had a little more problem with those middle sections of valves when they were doing adjustments because when the upper section of the valve is conoded it actually can adhere to that middle section and when they took out the top section which is a bid item, that middle section can fail. They have had that happen on a few projects and it is probably something they are going to estimate into the City's project in the future. Mr. Kosluchar stated Item No. 6 is for additional boulevard work at two locations near Fridley Middle School. Rice Creek Watershed District and staff actually identified an opportunity to install two rain gardens in the future through a grant program. Rice Creek Watershed District, along with the Fridley School District, had actually done application for a demonstration project; and they did get awazded for this. They are out for bids right now. In anticipation of the two rain gazdens, the City did curb cuts and insialled curb cuts and adjusted the cwb work there along the curve at Moore Lake, south of Fridley Middle School. The cost was $25433 and will be paid for by storm water utility funds. Mr. Kosluchar stated Item No. 7 is for concrete valley gutter reGuired to correctly drain the intersection of 6151 Avenue and West Moore Lake Drive at the main entrance to Fridley Middle School. They thought they could actually pave that intersection and get it to flow properly, but they could not get it to flow from west to east across the school's entrance and so they did have to go back and cut in a valley gutter and install it. The cost was $12,445.22. Some of that is because of the construction, trying to keep the school e�trance open and helping traffic get through. That is the majority of this one item. Mr. Kosluchar stated this change order increases the project costs by almost 2.6 percent and is the second and final change order for the project. Staff recommends CounciPs approval. Councilmember Bolkcom asked if the settlements always happened. ..� -- FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 28 Mr. Kosluchar stated these were on the west side of University Avenue and were particularly bad. They aze right over the top of the storm sewer. They televised that storm sewer, the joints looked fine; it is very difficult to tell why. There is a big storm sewer pipe along 61 s` Avenue. It is a 60-inch pipe and has been in the ground for 30 to 40 years. He does not know when these voids were formed. They had no perception they were there. He can tell them that the newer requirements for the new MnDOT specified asphalt called "super pave" which everybody has gone to now requires a lot more compactive force; therefore, they are really hammering the road base. Councilmember Bolkcom stated there is really nothing they can do for a project next yeaz. Ma Kosluchar replied one of ihe things they have done is actually amended the specifications, and they do require that the rollers be set at a particular amplitude that reduces that force. Councilmember Bolkcom how much of this was related to the school? Mr. Kosluchar replied it was probably 20 percent because of maintaining traffic and keeping things covered there. In retrospect they probably could have been more conservative with how they approached it, but they really thought they could get it to drain. Mayor Lund stated they typically use the lowest qualified bidder and then when it comes to these change orders it seems in some instances at least they aze excessively high because they are not going out for bids on all these changes. MOT10N by Councilmember Bolkcom to approve Change Order No. 2 for Street Rehabilitation Project No. ST 2009-02. Seconded by Councilmember Vazichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 14. Approve Change Order No. 1 Sor Street Rehabilitation Project No. ST. 2011-01. Mr. Kosluchar stated this change order is related to the project constructed this past summer and completed in the Hyde Pazk neighborhood. The budgeted cost of the project was $575,000. The contract cost of the project was $544,273.00. The amount of this change order is $51,507.93. This is the first, but also the final, change order that is proposed. There are six items on this change order, and the work was directed in May through August of this year. Ma Kosluchar stated Item No. 1 includes work to relocate utilities because of a buried storm catch basin. Mr. Kosluchar stated Item No. 2 is for the replacement of a damaged middle section of two gate valves. It could be this is non-conforming as explained eazlier. They may not fit. Ma Kosluchar stated Item No. 3 is for work related to adjustment of a 36-inch telephone manhole on Main Street. The cost of this item is just over $2,000. They will be seeking FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10, 2011 PAGE 29 reimbursement from the utility owners for this item. The City just got the final dollar figure from the contractor. Mr. Kosluchar stated Item No. 4 is for additional grading of gravel base on the street in the Hyde Park neighborhood. These aze the local streets. They are trying to accomplish the milling based on the soil information and they broke free. In this case they go back and reclaim those azeas. There is about a$6,400 addition for those areas on local streets. Mr. Kosluchar stated Item No. 5 is for additional work on Rainbow Drive. On the 20�9 street project, just north of 61s�, adjacent to the Hyde Park project, they had a gentleman who came to the assessment hearing; and he had been talking about some substandazd pavement, the finish just was not right in frant of his property. The City did have that cut out and replaced under this project, and the cost was $3,600. Mr. Kosluchar stated Item No. 6 is the big item. This is for Main Street where they had some substandazd base. Actually they saw how expansive it was, they looked at reclaiming and doing a major change to the plans; however, that would have cost about $125,000. Staff identified the patching azeas and tried to minimize the wst and got it down to between $36,000 and $37,000. Mr. Kosluchar stated the change order total increases the project cost by about 9 percent, and assessments will be very close to those initially estimated and presented at the project open house. This is the first and final change order. Staff does recommend approval of this change order. Even though this is a lazge amount, this was extra work beyond, over, and above what was in the contract wiYh the conuactor. Councilmember Barnette stated on page 88, in the item numbers, there is 1, 2, 3, 3, 4, and 5. IT appeazs that needs tp be renumbered. Councilmember Bolkcom asked what the chances were of getting the payment from the utility owner. Mr. Kosluchar replied, he thinks they will. Councilmember Bolkcom asked regazding the work on Rainbow Drive, was there a warranty on it, and why did they not have it done right away. Mr. Kosluchar replied, if he recalls this was aiso because of subsurface conditions they had along Rainbow. He knows they thought it was not the contractor's responsibility necessarily to repave that section. Councilmember Bolkcom stated it seems like they have a fair amount of these cases. Should the contractor be telling the City or should ow inspectors be picking it up? Mr. Kosluchar replied, actually he and Mr. Otteson have had a couple of conversations about this. Looking forrvard to the 2012 projects, doing some additiona] investigation will help quite a bit. He does not know they will always be able to predict when they have a subsurface surprise. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10. 2U11 PAGE 30 In some fashion they do have to be more conservative going in. He does not think the contractor is not necessarily looking for these things. Councilmember Bolkcom asked if the expectation would be for the contractor to notice it and report it. Mr. Kosluchar replied, they do and our inspectors do. However, the problem is they do not know that until after the pavement is basically removed. ARer they paved it they actually had some investigation with the ground penetrating radar to walk around and see if there were additional voids they had not seen, and it was so deep it had difficulty showing anything that was not significant. MOTION by Councilmember Bolkcom to approve Change Order No. 1 for Street Rehabilitation Pro}ect No. ST. 2011-01. Seconded by Councilmember Saetke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIEA UNANIMOUSLY. Motion to Approve the Fiscal Year 2012 Budget for Twin Cities Gateway. Councilmember Bolkcom stated it says that part of the City's agreement is to provide a budget and have it done by October 1 but they do not approve it until October 13 and the staff receives it 17 days later once it is approved by the Board but then part of the agreement is the City is to provide it to them by October 1? Dr. Burns replied, they are late. Councilmember Bolkcom stated a little memo should be sent to them that they probably should get it to them in a timely manner. Dr. Burns stated they had a mistake in their memq too. Councilmember Bolkcom stated it looks like there are some monies that can be used for community festivals and event grants from this budget. Da Burns replied, Fridley has received some of that. Councilmerober Bolkwm asked and including the regional grant programs for non-profits? She is thinking about, i.e., the `49er Days. Mayor Lund replied they do it. Councilmember Bolkcom stated but it might be worthwhile for some of the other non-profits> such as the History Center, etc. Are they aware of this? FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 31 Dr. Bums stated he thinks it is allocated based on lodging. We do not have a lot of lodging revenuesin Fridley. Councilmember Bolkcom state it might be worth looking into the Regional Grant Program and letting some of the non-profits know about it. The Regional Grant Program for 2012 is $] 00,000. Mr. Nelson stated he knows as far as the community grants, Fridley did receive some additional funding for this year that went towards he believed the `49ers. Councilmember Bolkcom stated do you have to make application or how does that work? Mr. Nelson stated he believed they directed that through Jack Kirk, the Pazks and Recreation Department Director. Mayor Lund said the money has some limitations. It has to be for promotional purposes, such as advertising. Councilmember Bolkcom stated she knows the non-profit she is involved in is not aware of any grant programs. They need some money to market their art center. MOTION bq Councilmember Bolkcom to approve the Fiscal Year 2012 Budget for Twin Cities Gateway. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIEA UNANIMOUSLY. 3. Resolution Designating Time and Number of Council Meetings for 2a12. Councilmember Bolkcom asked how does every once in a while the City Council meetings are set for the first Monday and the fourth Monday. She thought it was sort of set they were to be on the second and fourth Mondays People go by that. Mayor Lund stated where that happens it usually is because of a holiday or something. Councilmember Bolkcom stated she does not understand the August date. Dr. Burns stated he thinks they try and keep that first week of August open for employee vacations. Councilmember Bolkcom pointed out there does not appear to be reason for the different weeks in February. Sometimes there can be quite a gap. Da Burns stated there is no rigid second and fourth Monday rule. What they see mainly falls in with a precedent that has bean set for many years. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 10 2011 PAGE 32 Councilmember Bolkcom asked if they usually had the meetings in February on the first and second Mondays of the month. Dr. Burns asked if she wanted to change it? Councilmember Bolkcom rep]ied, no, because of the other meetings that are set. She was just asking the question who sets it up and how is it set up. Dr. Burns replied, it starts with Roberta prepazing it, then it goes to the department managers who take it back to their staff meetings, they seek input from the employees, because it does have something to do with the holidays and vacations of individuals. What happens one year frequently becomes the reference for the next year. MOTION by Councilmember Bolkcom to adopt Resolution No. 2Q11-47. Seconded by Councilmember Saetke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTI�N CARRIED UNANIMOUSLY. 15. Informal Status Reports. There were no informal status reports. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTTNG AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 7:43 P.M. Respectfully submitted by, Denise M. Jolu�son Scott J. Lund Recording Secretary Mayor � CfiY OF fRDLEY Date: To: AGENDA ITEM CITY COUNCIL MEETING OCTOBER 24, October 20, 2011 William Surns, Ciry Manager�{�` �q� 2011 From: Scott Hickok, Community Development Director Jim Kosluchar, City Engineer/Public Works Qirector Julie Jones, Planning Manager Rachel Harris, Environmental Planner Subject: Approve the Attached Letter of SuppoR for SHIP Round 2.0 Background The initial Minnesota Statewide Health Improvement Program (SHIP) two year grant cycle began in the fall of 2009 with a total of $47 million. SHIP is dedicated t4 helping Minnesotans Iive longer, healthier lives by preventing the key risk factors for chronic disease. SHIP aims to improve health and contain health care costs by: (l) reducing the percentage of Minnesotans who use or are exposed to tobacco and (2) reducing the percentage of Minnesotans who are obese or overweight. For Round 1.0, each county was allotted an amount; and the county dispersed the grants for projects focusing on policy, systems and environmental change. Fridley received a grant of about $70,000 and the attached letter of support highlights several of Fridley's SHIP Round 1.0 accomplishments. SHIP Round 2.0 with a totai of $15 million is now available to counties throughout the state. This round of grants differs in that it is competitive and focuses on active transportation for populations with obesity risk factors (poor nutrition and inadequate physical activiry). At this time, few details are in place. What we do know is that Anoka County invited the cities of Fridley, Columbia Heights, Coon Rapids, Anoka and portions of Blaine to participate in Round 2.0; and on October 19 requested that we submit ]etters of support due by October 26. For Round 2.0 we have a unique opportunity to continue to leverage our resources to increase residents' physical activity by promoting healthier, more environmentally friendly modes of transportation such as biking and walking; potentially increase transit ridership and reduce 1� roadway congestion; and enhance the quality of life in our community as outlined in our comprehensive plan. For example, by leveraging county and city SHIP staff time in Kound 1.0, Fridley was able to participate in the county's SHIP underwritten active living survey conducted by Wilder Research. From that survey, the 2010 Physical Activity Opportunities and Community Resources Avarlable in the Ciry of Fridley Survey, we leamed that 43% of respondents repoRed that improved trail connectivity and expansion would increase their physical activity. (This survey is available on the city's Fridley Connects web page.) The Letter of Support is non-binding, and at such time we learn all of the details we will be able refuse the grant if we choose. Signing the letter of support allows Fridley to continue in the process. Budget Impact We dodt know how much money Fridley could receive since the grants are competitive, but Anoka Counry will write the Round 2.0 grant on our behalf. Fridley's pockets of dense population, access to rail, bus and bicycle transportation, and diversity boost Anoka County's chances of receiving the Round 2.Q competitive grants focusing on active transportation for populations with obesity risk factors (poor nutrition and inadequate physical activity). Recommendation Staff recommends that the City Council consider and approve the attached Letter of Support for SHIP 2.0 at the Monday, October 24, 2011, meeting. Staff further recommends that the Mayor and City Manager be authorized to execute the attached Letter of Support. 2 FRI �Y FRiDLEY MUNICIPAL CEN'C6R • 6031 UN[VFRSITYAVE N.fi. FRiDLEY, MN 35432 (763)571•3430 • FAX (763)571-1287 • 7TDlflYf76J)372-3534 To Whom It May Concern: The City of Fridley enjoyed the benefits of participating in the Statewide Health Improvement Program (SHIP) Round 1 A grant from 2009-2011 and looks forward to the opportunity to co(laborate with the Anoka County Community Health and Environmental Services (CHES) Department again. Through SHIP Round 1.0, the City of Fridley conducted a comprehensive bicycle and pedestrian multimodal transportation system study and implemented numerous strategies to enhance walkabiliry, bikeability and active transportation. Some of the successes include: • Prepared grant applications and secured $108,840 in Safe Routes to School funding for infrasUVCture improvements at three schools (Fridley Middle Sc600l, Hayes Elementary 8c Stevenson Elementary), including new trails/sidewalks, lighting, bikerack installation, driver feedback signs and pedestrian activated/timed flasher sign. o We have three pending grants (Transportation Enhancement and MnDNR Loca1 Trail Connection) with a potential awazd of $1,148,250. • Studied bike/walk infrastructure and focused on community connectivity for safe biking and walking. • Created a SHIP task force comprised of community and health industry members that meet regularly to create policies and plans for long-range land use planning, promotion of active lifestyles, and communiry outreach. • Par[nered with Anoka County Highway Department to conduct a corridor study along East River Road to address future improvements to the corridor including multimodal transportation, pedestrian movement and safety. • Created thirteen existing condition maps to illustrate Fridley's current bicycie and pedestrian infrastructwe. The maps will be used to determine future sidewalk links and bike ways. • Developed a bike route and sa£ety map endorsed by the Pubiic Safety, Pazks and Rec and Public Works Departments and distributed at 120 annual Night to Unite block parties. • Collected essential information that was utilized in the creation of Go Anoka County. • Elevated awazeness in community members of the need for multi-modal transportation in our city. 3 • Applied for and received a bike parking grant for 48 bike racks that will be added to city parks. Additionally, the collaboration with the CHES Department led to research on active living and a policy change. In the 2010 Physical Activity Opportunities and Community Resources Availabde in the Ciry of Pridley Survey, 43% of respondents reported that improved trail connectivity and expansion would increase their physical activity. (Copies of this survey are available on the city's website at Fridley Connects.) The Fridley Pazks and Recreation Commission adopted a policy prohibiting the use of tobacco products in City parks and pazking lots. We have a unique opportunity to continue to leverage our resources to increase residents' physical activity by promoting healthier, more environmentally friendly modes of transportation such as biking and walking; potentially increase transit ridership; and enhance the quality of life in our community. The City of Fridley has a diverse population of 27,000+ residents; and children who speak 28 languages in our schools. The resident populadon is 24.8% of a race or ethnicity other than white and has a poverty rate of 6.5% which is higher than the state average. The SHIP citizen committee members a(so reflect diversity and stretch across demographics, geographical representation and broad industry experience. Community assets include 3S parks covering 316 acres; one statewide and two regional intercity off-mad shared use trails and a bus and rail transit system including the Fridley Northstar Station. 1n spring 2011, the City Council approved a Transit Orientated Development (TOD) overlay zoning district around the Fridley Northstar Station. One of the goals of the TOD area is to create additional, and safer, walking and cycling traffic between the train station and the commercial conidor along 57th Avenue. As a partner organization, City of Fridley lead staff is committed to working with the CHES Depar[ment to identify assessment needs, develop a work plan that includes evaluation measures, and implement policy/practices that enhance the walkability, bikeability and active transportation as well as improving access to recreation facilities throughout Fridley. Additionally, lead staff will assist the CHES Department with any documentation and reporting needs, including the CHES DepartmenYs monthly progress reports, and interim and annual repor[ing to the Minnesota Department of Health. We look forwazd to continuing our par[nership with the CHES DepaRment and working on strategies that promote active communities that provide safe and convenient opporlunities for physical activity and to improve the health and well-being of our community. Sincerely, Scott Lund, Fridley Mayor Date Dr. William Burns, City Manager Date 0 AGENDA ITEM U COUNCIL MEETING OF OCTOBER 24, 2011 °n oF CLAIMS FRIDLEY CLAIMS 152636-152845 5 H �F F O� X 2�� m 0 N N V b b N C C A O O m m ry N N N O O P N a o � r � T N� N ti N O O 0 W$ O£ � V V N N O O A N N b N b N � N O O O O P T T �� W T A r r O O W � U 4� � N m m 0 0 C� m� O m p q q P m b N N m b b N N N� � m O N C T A O O $a V O M N N N ti H � N N � A N Q ti C N N N N � i i F I M N N � �o U ae 4 N •1 ~ (0 O � W \ \ � �m o � .a n .� �x �o im N N O Nq ^ 4 � N O p N O W F a .+ .+ a� a m N m o x N � � N � a m 0 T •1 •i O N � �] N O O W oEr�i `{�w � � rc o n�N �a°a.H. wnu � i 'i .� .a r{ N �-1 '1 N r'1 N r� N �4 '1 ei ei M N '1 M ri O G O O O O O O O O NNNNN N N N N N N IV N [VN N N ��0000 � o � o � 1 0 0 �� o �o 0 0 � o 00 0 �y rl M'i 'i r1 'i N vl r'I '1 N fl M �� 00 mm N N b ri (V (�1 V 111 �O V V t�l M 41 � V C m 000000 M �ON u i �n o0 00 o m nm �o F+ i N n m N.� .i � n.-r a o :� m o � Q i � O1 �O W b b b 1O 1� Oi O ei m o iC rv N Y N ryo C T m� m M P 'i N O b NO m N 00 O m i ry YI '1 '1 ri r� ei N'i M ri �i N m T N N < � 6 u 0 w� 5�W K�Ha � i F a �w U � � S Pl ' �iQ�� iq E X m z m z O R1 O r�a o a � m o u w a w H a. a a a in �n o m m in o n .+ m in .+ 5 in .+ W <' r o rv vi o �n o a F �n .] �o r m a r+ ry m W a K �m m �,'L � o o • b .�, " '" �5q' ..a r° °a °m m M'" OW ~2 ~!a9 ~U)NNNWF ~S ~� �N 'Y' S O W W 4 3 u a o�OOOO� � o a o m w ° � �a �+ � �w `w� b 5��a�S��'a F � � „a � � w F �¢ � � z � � o a m c� u � w � z a N �.z, a � �a H m m � m u q � �'i ° �u z °u �a m H °' H Z � o �w ° a °w w 7 C W w�^�/ a u z �z µF�.i 6.4 n�+ .i .i 41 N a n „.i a.i 3 aa.� q.y y .i N Z.y p.+ J.i S.i 4.i � O O O O N.a Ia M o M .a ❑ 0 4 r� O.v U.� .v Q .� U o 00 0o ao 0o rco ory a�o o ao 00 -o UN FN N Yi(VNN1VNtV F` Z[V „N `lN NN dN M1'(V NN VI[V fuN \ J� «� �� .i� � o� �. � � �� om Om 40 00 �mmoo�m am zm'+a Me m.i zr mmo gry oo �a o otv !.� rv o0 0 q0- q anm Fo ?��v � Co �o m��\�� 1 0�� Vl� Wo W� .i t0o N� ��. 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'1 . O N N N V N � Y1 � N N N OmMNNr1 m N N 1� VI e1 N C H ri C p O C T C 'IO00000 'IOT '10 N'I MO 'IO00000 'IOb '10 Nh �-10 �1h oon oo�o 00 0� o0 or �� O O O� N C O N C N 0 lV N O N O iiioom � �i i o�i O � OPNTNP01 OM'1 rvN 00 e� �y N O O O O O O IY O O O N 1� N O N O OVN�ONbb \b'i \b Or{ OV O O O p O 'I '1 N '1 'i N arr oF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2011 LICENSES TYPE OF LICENSE: APPLICANT: APPROVED BY: i'�'� '= AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2011 anoF LICENSES FRIDLEY 23 '` AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2011 `x'YOF ESTIMATES FRIDLE'! Ron Kassa Construction 6005 East 250`h Street Elko, MN 55020-9447 2011 Miscellaneous Concrete Repair Project No. 401 Estimate No. 5 ...................................................................................... $ ] 0,280.42 Northwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 ST2011 Street Improvement Project No. ST2011-01 FINAL ESTIMATE ............................................................................ $ 81>582.71 NoRhwest Asphalt, Inc. 1451 Stagecoach Road Shakopee, MN 55379 61s` Avenue/IVtoore Lake Street Rehabilitation Project No. ST2009-02 FINAL ESTIMATE ............................................................................ $ 50,666.17 24 AGENDA ITEM CITY COUNCIL MEETING OF F a� OCTOBER 24, 2011 TO: WILLIAM W. BURNS, CITY MANAGER� FROM: DARIN NELSON, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: PUBLIC HEARING FOR THE STREET PROJECT NO. ST. 2011-01 DATE: Qctober 5, 2011 Attached is the Public Hearing Norice for the assessment for the Street Project No. 2011-1. The Public Hearing Notice was published in the Focus newspaper on October 6, 2011 as required by State Statute. DRN/gt Attachment 25 CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public heazing at 7:30 p.m. on October 24, 2011 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 20ll STREET IMPROVEMENT PROJECT Project #2011-1 2011 NUISANCE ABATEMENT Assess 10 years @ 5.25°/a Interest $ 380,062.00 2011 Street Improvement Assess 1 year @ 6.5% Interest $ 34,591.10 The proposed assessment rolls aze on file for public inspection at the Finance Office. Notices are being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the heazing or is presented to the presiding officer at the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 deferring special assessment payments for seniar citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 yeazs of age or older for whom it would be a hazdship to make the payments. /S/ Scott J. Lund, Mayor Publish: October 6, 2011 26 � � � FRIDLEY fRIDLfiY MUNICIPAL CBNTER • 643t UN[VERSl1'Y AVE. N.E. PRIDLEY. MN 55432 (763) 57l-3A50 • FAX f763) 571-1287 • T'[D/t'fY (7631572•3334 Qciobcr 4, 20l l 131GL.OW RODf-:RT R 255 57"I'll AVF. NC FR1Di.T:Y, tvi1V 55432-5421 kt:: PftJ 233424i3t3021 Dcar Prnperty Owner, PW l 1-071 Naticc is hereby given that thc City Council will meet at 7:30 P.M. on October 24, 201 l in thc Councii Chambers, Municipal Center, G431 University Ave. NE, fridley, MN, to consider the �roposcd assessment for the 2011 Street lmprovement Project 5T201 l-01. Adoption by the City Council of the assessment may occur at the hcaring. I'hc arca to bc assessed f'or die improvement is legally described as foltows: , Yin(s) 233024230021 all locatcd in thc City of Fridley, County oTAnoka, Slute of Minnesota. 'fhe anwunt PROPOSED to be assessed to your property is as follows: $4,689.90. h wi8 bc payable over 10 ycars at 5.25% interest (See page 2 for payment options). 7'hc proposed assessment roll is on file for pubiic inspection at the City of Fridley Fins�nce Oftice. Written or orol objections will be considered at the meeting. Pcople who desire to be he�rd re�arding the proposed improvcment and assessment shall be heard at this meetinb. If you wish to preserve your opportunity for appeui of thc assessmant, you must present your objections in �vriting. Minnesota 5tatutes, Section 429.061, Subdivision i, provides in part: "No appeal may be taken as to the amount af any assessment adopted pursuant to Subdivision 2, unless a written objection signcd by thc affccted propcny owners is filed with the Clcrk prior to thc asscssmcnt hcaring or presentcd to the presiding officer at thc hearing." Na nppcal of your assessmcnt will bc acccryted by tNt dis/rict court unitss this written ohject+on is properly filed. An owner who has properly filed a written objection as provided in thc preceding paragraph muy appcal an assessment to thc District Coun, pursumnt to Section 429.081, by serving notice of the appeal upon thc Mayor or Clerk of thc City within 30 days after the sclaption of the assessment and lilin� such notice with thc District Court within 10 days aAcr service upon thc Mayor or Clerk. z Page 2 Minnesota Statutes Sections 435.143 through 435.195 and Cauncil Resolution 14-1995 authoriu the Ciry to defer the payment of special assessments against homestead properties owned by persons older than 65 years of age and disabled persons for whom it would be a hardship to make the payments (income limits do apply). Under this anangement interest WILL accrue from thc date of adoption. Por furthcr information about this deferral program, contact the Financc Department at 763-572-3526. I. Various options are available for paying thc principal amount of the assessmenl aRer the Ci1y Councif has accepted the roll: A. Payment of the principal either IN �ULL or AT LEAST HALF will be accepted until November 23, 201 l. B. Allow the entire assessment to be cenified to the Ai►oka County Property Records and Taxation Division for annual collection with reat estate taxes beginning in 2012. 2. Intemst is charged in the foNowing matter: A. No interest is charged if full payment is received by November 23, 20] 1(if the asssssment is adopted on October 24). B. Aftor November 23, 2011, interest will be charged on the remaining balance on a daily basis from the adoption date. 3. If you do not pmpay in total prior to November 23, 201 l, one tcnth of the rcmaining principal along with interest from the dale of the adoption of the resolution through pecember 31, 2012, will be collected with your 2012 taxes. ---- - -�. ie-tHa-futurc,-the-remainingbalarsc_ofshe pdncipalmay be paid to the Ciry by Novcmtx:r 15 of each calendar year to prevent Cuture installmenu fintn going to go to the County for collcction with your property taxes. ]f you would like a detailcd explanation as to how the assessmcats were calculated, you can contact the Pinance Depanment at 763-572-3526. Greg Tirevold Special Assessments ! � Q r �: p �N Ip g � N 9 �� ON W ��'�� 1 �� o 6� a r v � .4p N e° ^q 3ur�n > o � �u!�, z �, W � J 'a ~ a�� w �WZ '�>� � �'W' J J � � LL � z � Ls7 z v iC W ' '�� , W f! N N � � � �— � O � � � � � � � � � � ? J J ¢ �. W � Q azw TNZ C� .— Z �m� � a� � t r a d � {^ AGENDA ITEM CITY COUNCIL MEETING OF F a°� OCTOBER 24, 2011 TO: WILLIAM W. BURNS, CITY MANAGER�� FROM: DARIN NELSON, FINANCE DIRECTOR� GREG TIREVOLD, SPECIAL ASSESSMENTS 5UBJECT: PUBLIC HEARING FOR THE 2011 NUISANCE ABATEMENT DATE: October 20, 2011 Attached is the Public Heazing Notice for the assessment for the 2011 Nuisance Abatement. The Public Heazing Notice was published in the Focus newspaper on October 6, 20ll as required by State Statute. �� 'i Attachment � CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA PUBLIC HEARING Notice is hereby given that the City of Fridley City Council will conduct a public heazing at 730 p.m. on October 24, 2011 in the Council Chambers at 6431 University Avenue, to consider, and possibly adopt, the proposed assessment for the following improvements: 2011 STREET IMPROVEMENT PROJECT Project #2011-1 2011 NUISANCE ABATEMENT Assess 10 years @ 5.25% Interest $ 380,062.00 2011 Street Improvement Assess 1 year @ 6.5% Ipterest $ 34,591.10 The proposed assessment rolls are on file for public inspection at the Finance Office. Notices aze being mailed to all property owners. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the clerk prior to the hearing or is presented to the presiding officer ai the hearing. The council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting, upon such further notice to the affected property owners, as it deems advisable. An owner may appeal an assessment to district court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. The City of Fridley has adopted Resolution No. 14-1995 defening special assessment payments for senior citizens. The City Council may defer the payment of special assessments for any homestead property owned by a person 65 yeazs of age or older for whom it would be a hardship to make the payments. /S/ Scott J. Lund, Mayor Publish: October 6, 2011 29 �, �i l.�.l c��-,/ Couh�� I `� � /�J�. �z ��1 �t,�niJtrs�� , MN� ss�l3� �r � � t�y� i 0 - �-D -a-� i7 /vi� �, � �-*�s o�-' �-I^z C�'ume�(� + n� � `i% .ress,'s'�ca�c.2. ��wQL� ✓1c.� Ut �''L�.S i�da�� c9�i `Y�i[��J� tJ x' �� E.;.z,r P�yrttvtA o,.rr, a-i��` �� G'ro Pe.�ed aSS- .� o-m ✓�,' �l rr' � � 8 I C� f en co e s r. �m �R-. at 6 �ss rn�,,,-t- o`F- rr�/ Pro�-�`Ja6 t�. v�e� a�^�`sd �� a fve yR, a-�- ��,o�,-�' ��.�3,633.�3 � y n.r, � -��° x ed (p , S la ' n'��+• " �,�,1 ( l'v 2 s K �j �2� � � `L Q i.� � Sz. � ctrr, -�-o�t-c�. ,� y �; S�� ha�d-s h r P -�' a r✓"' e � ��,,, t.c h � � ldi`-�,� U„ �'f-f�e._ i • � %2 L�G% tm2> i"'� LJ e�,c,Q ��_ �� /a _ -�-� C�-r-i 5;�?:r- ��TC i n� � S� c�� a r S Q y �,� i; �-�� -�- �'�� o.� �aqd�,7y a s ,;,, e� l l , � i c i;1 �� ; I I b-� C�l e,�ti� `^ . `, .�a� o �' -(-' `-�fi"`= �.e' tcs-�5�.�. -�-;me. ,"" � h�v�. ��`�1�'h5(y ;��L �� .,,,,\ l � w vr, ca,m�. -}- 3� �� f�1'�e�^es51-/ �✓r�,d � n SQ � �'Z� � � . 2K`�-K-�-� �1'�C✓-. Q- . .. ` b; i1s %1 U� C��' C�V'�" < OVi �l fS?�,"—° IpSr i'n o�-,`�t c,v'"`�I--' � r'nc.� �"�-6'i- � 0.�,5 �w �.e � -� ��y ' � i � s�!`s�`` �,� ,,,�. suspp.r� �r u s �-� a�P�'ec�a:� � � � r o v�.e. �� j� y� m0. , c h av,e a vrx�� or Bra; � b�` �R Sz ,�itf ct)2Ver I �fi � �'� � � C,,> �� .� h� m a5 o�r occJ n� 0.�1d i i �oes ln�v�e.. � s as �,r,��,ov��}' ,d.e.s �� m she.t-t-e.J- a�L ,�r�o�aey. ; I „SiG�.. GY' .�w2�� I� F1tS (1DYh C'�r�c�-j }'1Pn/Q. `%o '3'ndV-2._ tM� 0.�� V i'OLtp �j i h� � ' Y�� s I �h�u.Qd- IoS� �ee�s t�a�� wr.pes.� c� �'�evne.v�drius �as7- � i ��,1 ��S �dttis�n� �'�� qs '�t9� as d�e._��^ive l�i'vn I �,� �;�-,1 � Ca''`n � c�� a'r' � am `f '� 2t�rs �-. S u c.� �s i'f"' +` s. ' i � horne 4� �-s ' � v-'� � �°; �i �re., l �% J I `� �'_. -. • � `�<_ - -iz��, � %� sn;�, ►1�Pn�'aP �hr�tG, ctss» . � � � , I , � I �i(,Q� • , 17. 2011 CITY OF FRIDLEY 6431 University Avenue Northeast Fridley, MN 55432 3 30 24 32 0194 Honorable avor, i v er � Citv Counsel Members: I, Frank Daigle owner of the property in the City of Fridley, MN, Anoka County, PIN # 3 30 24 32 0194 wish to contest the proposed assessment to the property in the amount of $508.16. I am a Senior Citizen with disability status. This property is unbuildable and should not be assessed. The taxes are already too high and I am requesting a re-evaluation of the present tax status. My mailing address is: 14510 45th Street Northeast St. Michael, MN 55376 Respectfully submitted: Frank Daigle 763 497 3900 F. D.:j Certified � Ca Greg Tirevald Frank 2011 Page 1 AGENDA ITEM CITY COUNCIL MEETING OF �°� OCTOBER 24, 2011 TO: WILLIAM W. BURNS, CITY MANAGER FROM: DARIN NELSON, FINANCE DIRECTOR GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2011 STREET IMPROVEMENT PROJECT NO. ST. 2011-1 DATE: October 5, 2011 Attached you will find the final assessment roll for the 20ll Street Improvement Project No. St. 2011-1 along with the Resolution to adopt the assessment. This project included 166 properties. The assessment will be for 10 yeazs at a rate of 5.25%. DRNlgt Attachment 31 RESOLUTION NO. 2011- RESOLUTION ADOPTING ASSESSMENT FOR THE 2011 STREET IMPROVEMENT PROJECT NO. 2011-01 WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heazd and passed upon all objections to the proposed assessment for the 2011 Street Improvement Project No. 2011-Q1. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or befare the first Monday in January, 2012, and shall bear interest at the rate of 5.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shail be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest aacnxed to December 31 of the yeaz in which such payment is made. Such payment must be made before I3ovember 15 or interest will be charged through December 31 of the next succeeding year. The Finance Director shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property taac lists of the county. Such assessments sha11 be collected and paid over in the same manner as other municipal ta�ces. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24th DAY OF OCTOBER, 2011. ATTEST: DEBRA A. SKOGEN - CITY CLERK 32 SCOTT J. LLTND - MAYOR STREET REHABILITATION PROJECT FINAL ASESSMENT ROLL CITY PROJECT NO.ST2011-1 33 STREET REHABILITATION PROJECT FINAL ASESSMENT ROLL CITY PROJECT NO.ST2011-1 � STREET REHABILITATION PROJECT FINAL ASESSMENT ROLL CITY PROJECT NO.ST2011-1 35 STREET REHABILITATION PROJECT FINAL ASESSMENT ROLL CITY PROJECT NO.ST2011-1 $373,520.05 36 AGENDA ITEM CITY COUNCIL MEETING OF °n'oF OCTOBER 24 2011 FRDLEY 7 TO: WILLIAM W. BURNS, CITY MANAGER 1c1� ��r � FROM: DARIN R 1�iELSON, FINANCE DIRECTOR GREG TIREVOLD, 5PECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2011 NUISANCE ABATEMENT DATE: October 20, 2011 Attached you will find the final assessment roll for the 2011 Nuisance Abatement along with the Resolution to adopt the assessment. The assessment includes 41 properties at a cost of $38,227.22. The assessment will be certified for 1 year at an interest rate of 6.5%. DRN/gt Attachment 37 RESOLUTION NO. 2011- RESOLUTION ADOPTING ASSESSMENT FOR 2011 NUISANCE ABATEMENT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heazd and passed upon all objections to the proposed assessment for the 2011 Nuisance Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is at[ached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in equal annual installments extending over a period of one year, the first of the installments to be payable on or before the first Monday in January, 2012, and shall beaz interest at the rate of 6'/s percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. The owner of any property so assessed may, at any time priar to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. The Finance Directar shall forthwith transmit a certified duplicate of this assessment to the wunty to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taa�es. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF OCTOBER, 2011. ATTEST: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LUND - MAYOR 2011 NUISANCE ABATEMENT FINAL ASSESSMENT ROLL � 2011 NUISANCE ABATEMENT FINAL ASSESSMENT ROLL � AGENDA ITEM CITY COUNCIL MEETING OF �°� OCTOBER 24, 2011 TO: WILLIAM W. BURNS, CITY MANAGER �VII'r FROM: DARIN R. NELSON, FINANCE DIRECTOR �J " GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2011 TREE /�Yl1�fuTi�1►Y Y DATE: October 5, 2011 Attached you will find the final assessment roll for the 20ll Tree Abatement along with the Resolution to adopt the assessment. The assessment includes 1 property at a cost of $2,58638. The property owner has signed an assessment agreement that states the assessment will be certified for 5 years. The interest rate will be 6.5%. DRN/gt Attachment 41 RESOLUTION NO. 20ll _ RESOLUTION ADOPTING ASSESSMENT FOR 2011 TREE ABATEMENT WHEREAS, pursuant to the contract signed by the property owner, the council has met and considered the proposed assessment for the 2011 Tree Abatement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment shall be payable in annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January, 2012, and shall beaz interest at the rate of 6'/z percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be chazged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the yeaz in which such payment is made. Such payxnent must be made before November 15 or interest will be charged through December 31 of the next succeeding yeaz. The Finance Director shall forthcvith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal ta�ces. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF OCTOER 2011. ATTEST: DEBRA A. 5KOGEN - CITY CLERK � GYK�]l��I�41�li�iD�: •'7 ASSESSMENT ROLL FOR 2011 TREE ABATEMENT Name PIN No. Actual Assessment Judith Hahn 14-30-24-33-0003 $ 2,586.38 6221 Sunrise Drive NE Fridley, MN 55432 43 AGENDA ITEM CITY COUNCIL MEETING OF FR ;,°� OCTOBER 24, 2011 TO: WILLIAM W. BURNS, CITY MANAGER p�� FROM: DARIN R. NEL50N, FINANCE DIRECTOR � GREG TIREVOLD, SPECIAL ASSESSMENTS SUBJECT: RESOLUTION ADOPTING THE A35ESSMENT FOR THE 2011 UTILITY LATERAL REPAIR PROJECT DATE: October 20, 2011 Attached you will find the final assessment roll for the 2011 Utility Lateral Repair Project along with the Resolution to adopt the assessment. This project includes 5 properties at a cost of $14,880.53. T'he assessment will be for 5 years at a rate of 6.5%. A public hearing is not necessary since all affected property owners, or their representative, have signed a contract waiving any rights to one. These utility lateral repair assessments aze in direct response to the 2011 CounciUCommission Survey from this past spring. T'he survey indicated overwhelming support for the City undertaking this added financial responsibility of assessing water & sewer lateral repairs over a longer period than the previously allowed one-yeaz assessments. The City does encourage homeowners to apply for loans through the HRA's Housing Rehabilitation I,oan Program. However, credit or other financial issues do not make this a viable option for some homeowners. It is also pertinent that these repairs be made timely to maintain the integrity and safety of our utility systems. Fridley City Code Section 402.06 requires owners be liable for all repairs required to any water line or any sewer lines necessary for connection of the premises from the main to the premises. If the property owner requests maintenance services or repairs be perFormed by the City, the property owner shall be chazged for the costs of the maintenance and/or repairs, including any necessary street repairs, at a rate set annually by an administrative policy. The change we aze implementing this year is to lengthen those assessments from one year to five yeazs. Thus allowing residents to make the necessary repairs, but spreading the burden of what can be quite substantial repair bills over a five year period. � RESOLUTION NO. 2011- RESOLUTION ADOPTING ASSESSMENT FOR 2011 UTILITY LATERAL REPAIR PROJECT WHEREAS, pursuant to contracts signed by property owners or their representative, the council has met and considered the proposed assessment far the 2011 Utility Lateral Repair Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FRIDLEY, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and sha11 constitute the special assessment against the lands named therein and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessment sha11 be payable in annual installments extending over a period of five years, the first of the installments to be payable on or before the first Monday in January, 2012, and shall bear interest at the rate of 6'/2 percent per annum from the date of the adoption of this assessment resolution. To the first installment sha11 be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time tYtereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made befare November 15 or interest will be chazged through December 31 of the next succeeding yeaz. The Finance Director sha11 forthwith transmit a ceRified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24TH DAY OF OCTOBER, 2011. ATTEST: DEBRA A. 5KOGEN - CITY CLERK ., SCOTT J. Li JND - MAYOR ASSESSMENT ROLL FOR 2011 UTILITY LATERAL REPAIR Name PIN No. Actual Assessment Marilyn Pederson 03-30-24-22-0083 $1,760.00 8340 East River Road Fridley, MN 55432 Andy Lang 10-30-24-41-0018 $2,843.50 7217 E River Road Fridley, MN 55432 Carol Thornton 15-30-24-42-0088 $ 726.83 6489 Riverview Terrace Fridley, MN 55432 Debra Lewis 23-30-24-22-0143 $ 6,030.20 5955 2'l: St NE Fridley, MN 55432 Paul Beall 23-30-24-23-0132 $ 3,520.00 261 57th Place NE Fridley, MN 55432 47 '� CffY OF FRIDLEY TO: FROM: SUBJECT: DATE: AGENDA ITEM COUNCIL MEETING OF OCTOBER 24, 2011 WILLIAM W. BURNS, CITY MANAGER �i� DARIN R. NELSON, FINANCE DIRECTO� ALAN D. FOLIE, ASSISTANT FINANCE DIRECTOR SANDRA K. HARA, UTILITY BILLING CLERK CERTIFICATION OF DELINQUENT UTILITY SERVICES October 20, 2011 Attached is a resolution for the purpose of certifying delinquent utility accounts to the County for collection with property tazes in the year 2012. All property owners have been notified that the utility bills aze being certified to the County and have been given adequate opportunity to pay their bi1L The penalty shown on this resolution is in addition to the regular penalties that accrue on the utility bills. The number and dollaz value of accounts varies each year. We cannot be sure of the final count or dollaz value until mid- November since property owners have until that time to pay without penalty. For your information, the attached chart illustrates the certification history at this point in the process for this yeaz and the past two years. DRN/af Attachments � Attachment: Delinquent Utility Certification Chart Certification History 2009-11 • �� ,��,f^^"� � A� �� e •� �� x �'� f . z- =:" : �� - ' 4 �j � 6� � ✓: � � � }i'�SY^ � �s � � . „�� µ ' 111 �� _ � � � �..;�. u�3 ..z f :1 111 �'�� ' �� g; : �� s�-F-`` � �,� ` . �� .��` :� �� . - -. • - -• � � �, $391,243 � $381,7 517 515 550 500 450 4�0 � n 350 0 C 300 �' n 250 � a 200 150 100 RESOLUTION NO. _ 2011 A RESOLUTION CERTIFYING CERTAIN DELINQUENT UTILITY SERVICES TO THE COUNTY FOR COLLECTION WITH THE 2012 PROPERTY TAXES WHEREAS, certain utility services for the City of Fridley are delinquent in payment, and WHEREAS, Chapter 402, Water and Sewer Administration, Chapter 113, Solid Waste Disposal and Recycling Collection, Chapter 216, Storm Water Drainage Utility, and Section 1.02 of the City Charter provides for the certifying of delinquent charges to the County for collection with the property taxes, and NOW, THEREFORE BE IT RE30LVED, that the City Clerk is hereby authorized and directed to certify the following charges to the County for collection with the property taxes payable in the yeaz 2012, to wit: All these noted in Exhibit "A" attached hereto and made a part hereof by reference. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 24`�' DAY OF OCTOBER, 2011. ATTEST: DEBRA A. SKOGEN - CITY CLERK � SCOTT J. LLTND - MAYOR 2011 DELINQUENT UTILITY CERTIFICATION LIST - EXHIBIT A CIIY OF FWDLEY DELINQUENT UTILI7Y SERVICES - 2071 PIN ACCTS ncrrvE nccourrrs: 26 SO ?A �S 0067 26 30 24 9S 017I 28 30 24 33 0044 26 SO 24 330060 26 SO 24 E2 D068 26 30 24 32 OO6S 23 30 24 22 0065 23 30 2{ 22 0046 Z6 30 24 33 0038 28 30 24 32 0078 23 30 24 23 0080 2S 30 24 22 U028 23 SO 24 22 0038 26 30 24 S3 0090 26 30 24 33 0087 sg so 2a ssaou 26 30 24 33 0020 26 30 24 33 0012 26 30 24 33007{ 28 30 21 32 0088 26 30 24 $2 0086 26 30 24 32 0007 Y6 30 24 32 0070 26 SO 24 320071 26 30 24 23 0068 26 30 24 23 0064 26 30 24 23 0080 zs ao u za ooao 26 30 24 23 0704 2$ 30 24 2$ 0060 2S 30 24 23 0063 23 30 24 230767 23 SO 24 220158 2590 $4 220014 23 90 24 22 0014 r.{ ao u ae oosa 23 30 24 34 0032 23 30 24 34 0031 23 90 24 34 0020 2390 24 $40088 23 30 24 310066 23 30 24 31 0066 23 30 24 310055 23 30 24 37 0056 zs so u s� oosz 2930 24 910W4 23 80 24 24 0170 2S 30 24 2{ 0036 aa3o zs uo��o 2S 30 24 21008$ 29 30 24 27 0703 23 80 24 21 0702 23 SO 24 34 0103 23 30 24 310076 23 SO 24 31 0119 23 30 24 21 0082 23 30 24 210068 2S 30 24 21 0089 74 SO 24 3� 0082 14 30 24 94 0083 '1338{6 235 iS9776 149326 426 14788b ��z+oa 1{7865 13A635 1716 156826 73U176 149546 137876 2515 156625 166496 116025 140436 127886 1127{6 133806 762146 1033b5 15077b 3785 166605 �sssts 747896 167226 717845 120086 i8S386 765136 1661A5 76155 766816 15176 102696 76336 87088 103665 126825 726826 16466 84965 131206 16605 137676 86795 89925 154386 148036 14B06S 167266 123075 81065 736715 108786 768025 LOCA710N i 4/3580 143810 445880 443760 443800 M3860 �M430 MM60 444910 445080 446420 446730 445740 445660 445860 446860 446M0 446040 M6080 {A6130 /46790 4463D0 448$60 448380 446460 446620 448600 sassso IA6610 046920 447000 629660 458060 447260 u�x�o 458980 458400 468410 468520 468570 458600 {58620 45BBS0 468840 468880 458730 648030 456630 468840 469020 458230 458250 4691/0 �396b0 6/8960 460120 160T10 460290 480570 480620 ADDRESS 4544 2 ST 4667 2 3T /531 2 ST 4656 2 ST 4706 2 ST 4732 2 3T 6078 2 3T 6037 2 3T 4632 2 1Y! ST 47N 21M 3T 6820 21l2 3T 6026 2112 ST 6032 21M ST 4516 3 ST 4637 9 ST 4600 S ST 4630 3 3T 4839 3 ST 4863 3 3T 4710 3 3T 47/4 3 ST 4827 3 ST {863 3 8T 4876 3 ST 4928 S 3T 4878 S ST fi045 3 ST 6045 3 ST 6066 3 3T 5810 3 8T 5846 3 ST 6868 3 ST 6901 S ST 6063 3 3T 8055 3 ST b9S3 4 ST 5926 4 ST SS30 4 ST 6423 4 ST 6459 4 ST 5600 4 3T 5602 4 3T 6604 4 ST 6806 4 ST 6614 4 3T 5643 4 ST 6708 4 3T 5831 I ST 6808 4 3T 5942 4 ST 8034 4 3T 8044 4 3T 5375 5 ST 5470 S 3T 6645 5 ST 69d8 5 ST 6881 6 3T 6006 5 ST 8221 6 3T 6231 5 ST 51 BALANCE EP NALTY 114.55 885.9{ 278.79 4/4.61 787.36 804.88 663.83 1,D06.7b 663.24 638.23 2.567.53 603.21 128.88 {09.95 271.34 168.98 62.26 {67.92 708.97 467.21 105.88 819.14 115.76 804.42 508.57 966.30 904.96 649.b5 486.87 184.83 7�6.03 888.63 227.96 766.38 638.05 307.03 807.83 426.18 300.53 4{8.26 487.86 9U3.Q3 9,617.47 267.00 BZ4.50 309.24 445.99 456.84 661.42 705.18 763.86 141.02 488.27 7,478.67 468.77 460.64 7.169.N 274.83 666.84 377.22 11.48 88.69 27.82 4t.48 78.14 60.48 68.38 100.68 b6.32 63.62 258.75 50.32 72.89 10.40 27.1 S 16.8/ 6.23 48.79 71.00 46.72 70.40 67.31 77.52 60.4t 50.88 38.53 90.50 64.96 49.69 18.I8 17.b0 88.86 u.zo 78.54 63.87 30.70 90.78 42.82 30.06 14.83 46.79 9U.30 981.74 26.70 82A6 30.82 44.60 46.68 86.14 70.62 75.37 14.70 48.83 1{7.67 46.87 48.05 176.91 27.{8 66.58 37.72 TOTAL 126.01 974.53 906.07 488.07 858.49 665.37 730.27 1,108.33 608.66 689.65 2,8Z4.28 653.63 147.78 444.35 298.47 186.20 N.48 536.71 780.97 673.83 774.38 884A5 126.67 664.86 557.23 407.83 99&46 804.61 646.66 203.31 128.5� 977.48 2I4.76 647.92 591.86 337.73 988.81 468.78 330.68 493.08 530.04 983.33 10,788.75 282.70 686.85 340.16 490.69 507.42 M7.66 776.70 769.03 ib6.12 637.10 7,624.34 516.68 528.b9 1,276.02 238.37 732.63 414.94 � 14 30 24 3� 0077 14 30 24 9I0016 29 30 24 9I 0082 23 90 24 34 0064 2S 30 24 340081 �3�0 26 240W7 27 30 24 27 0066 23 SO 24 27 0088 14 30 24 24 0081 14 30 21 720085 28 30 2{ 39 0109 ze w u zzo»s zs ao u ea ooso 25 30 24 21 0032 29 30 24 43 0083 23 90 24 4S 0022 23 30 24 23 0006 23 SO 24 420035 23 SO 24 42 0028 23 30 21 47 0024 23 30 2I 13 0065 23 30 24 73 0047 2330 24 14OOSi 29 30 2{ 14 0023 za w u » oosz 24 30 24 11 0066 23 SO 24 22 00'IT 1 S 90 24 14 0048 7350 24 {{0061 76 30 24 4L0094 163Q 2I430Q83 7630 2{ 440011 7630 2{ 430025 14 30 24 37 0027 14 30 24 42 0057 14 30 24 42 0114 7130 24 47 0047 15 30 24 47 0033 15 30 24 410036 7630 24I2003$ 7630 2t 420W9 76 30 24 410088 73 30 24 42 0047 13 30 24 42 005H 15 30 24 7/ 0028 1{ 30 24 240027 73 SO 24 730108 u so u za aosa 14 30 2{ 13 0066 7490 24 730098 14 30 24 13 0050 12 30 24 41 0003 12 30 24 41 0007 12 30 24 7I 0077 77 30 24 240078 17 30 21 24 0006 1030 24 130024 1230 2{ 720023 1230 24 120053 12 30 24 11 004{ 72 �0 ?A 710043 11 30 24 21 0037 12 30 24 12 0098 +zso u �zo�oz W 3Q 24 420012 03 90 2{ 310127 14 30 24 44 0008 13 30 24 89 0023 ACCT ii 766966 84276 110666 728876 83{86 103836 76255 186426 126906 164426 750736 737846 20806 763725 748786 735076 101185 93706 72634b 736086 7{3165 22065 83275 130816 22405 125085 4755 127865 87686 155306 4885 179285 6265 730026 7484�5 714145 142286 181{16 181306 13022b 757825 6675 766966 720726 6805 720736 110145 732098 187815 167885 24726 59806 69866 746786 144715 158666 759466 160675 129815 1�3306 168875 764836 128626 707986 120466 102775 187006 7b0936 LOCATION N 460660 b60670 460800 480810 480620 481160 467M10 481520 463100 463�40 447380 447550 4&1070 464120 463870 464520 447780 46I620 46{640 46/840 4B6080 d66760 465290 {85/70 46b480 465520 4A8060 466700 465720 547780 448t80 448300 N8570 486780 486900 165950 468100 4�8620 448640 aasno 448780 448880 466280 466460 449170 466680 467780 asre�o 4B7680 asmo {87800 602490 602550 502220 602760 aoxno 603280 502840 W3070 603190 5IX�200 5IX 6095�0 6034211 603490 503930 60�080 {68140 468450 ADDRESS 8244 5 ST 6262 5 3T 8338 6 3T 6337 6 ST 6346 6 ST 6H00 8 ST 6858 B ST 6000 6 3T 6758 7 ST 8874 T ST 201 46 AVE 101 6S AVE 649 63 AVE 1326 b3 AVE 557 631/2 AVE 637 6{ AVE 233 67 PL 530 67 AVE 680 57 AVE 685 57 AVE 617 68 AVE 680 68 AVE 737 66 AVE 705 59 AVE 7506 60 AVH 1541 60 AVE 27081 AVE 7601 81 AVE 1627 67 AVE 23 87 WAY 140 82 WAY 20 62 1@ WAY 782 63 WAY 418 83 AVE 687 83 AVE 608 83 AVE 786 63 AVE 15 63112 WAY 20 63112 WAY 736 6S 7!2 WAY 7�8 63 1@ WAY 20 8{ WAY 1368 64 AVE 1490 6A AVE 17 66 WAY 363 66 AVE 1378 66 AVE 480 87 AVE 500 67 AVE 639 67 AVE b48 67 AVE 1400 73 AVE 1600 73 AVE 1533 73 1/2 AVE 362 74 AVE 388 7I AVE 147 76 WAY 1911 76 AVE 1455 7b AVE 7666 75 AVE 1B67 75 AVE $61 78 AVE 7369 76 AVE 7397 76 AVE 795 79 WAY 479 79 WAY 6280 ABLE $T 6281 ABLE ST 52 BALANCE 387.37 7,694.24 246.32 249.30 7,837.09 511.30 490.60 632.46 M8.54 239.84 787.58 1.033.86 785.27 667.98 677.73 333.79 428.15 BOA7 566.01 147.31 270.49 168.�0 389.60 695.09 272.77 408.65 207.64 N 8.97 956.16 508.63 882.38 807.20 732.21 1,367.97 801.77 558.5� N S.I3 779.62 788.32 513.52 574.20 263.80 250.80 487.80 6N.12 348.88 32{.63 7{3.6'I 516.60 7,260.63 80&99 10,108.81 2,741.88 877.74 273.60 156.63 424.67 778.70 606.42 636.65 523.40 81.33 226.26 827.69 405.78 237.18 381.82 662.98 PENALTY s 36.73 753.42 24.83 24.83 783.77 61.73 49.06 89.25 44.86 23.96 78.76 103.38 78.33 56.8U 57.77 33.32 42.62 8.05 58.60 14.73 27.04 18.84 36.96 69.67 21.28 40.87 20.76 47.89 96.82 30.98 88.24 80.72 73.22 136.80 60.17 55.85 11.54 77.95 18.93 61.55 57.42 28.38 25.08 46.78 5{.71 14.88 32.46 74.�6 61.86 728.06 80.60 tA7o.ae 274.19 e�.n 27.36 13.65 42.4B '11.67 80.64 83.67 52.34 9.73 22.53 92.17 �.� 23.72 38.76 96.30 TOTAL 404.04 7,887.86 270.85 274.28 2,020.80 882.43 539.66 68b.�1 493.39 283.60 886.34 7,137.26 207.60 813.76 634.84 366.61 468.77 88.52 844.81 162.04 231.47 207.24 428.45 764.60 234.05 M9.62 228.29 460.80 1,063.98 340.68 970.63 681.32 805.{3 7,483.77 661.88 674.39 128.87 791.47 208.25 584.87 631.62 280.18 275.99 814.58 601.&1 384.88 366.88 817.87 568.26 1,388.69 888.59 11,120.79 3,01 B.O7 966.67 300.86 160.18 467.03 780.67 666.96 689.22 675.74 t00A6 u�.r� 1,013.88 4i8.36 260.88 479.76 949.26 PIN 13 30 24 72 0049 14 30 24 47 0059 �z so 2a zx oou 72 90 24 22 0027 12 30 24 22 0027 12 30 24 22 0020 �2 SO 24 220020 72 30 24 22 0019 1210 4{ 220018 12 70 24 Y10018 �o ao u u 000i �oao u tzoo�� 10 50 24 720078 �090 2� �200T8 03 30 20 540029 03 30 24 34 0037 23 30 T,� 33 0097 2330 24 330703 23 30 24 32 0003 1330 24 140707 �S 30 TA 140130 13 30 24 7{ 0106 1350 241{0116 13 30 24 740088 7230 24 720037 16 30 21 47 0006 16 30 24 410020 16 30 24 �10025 18 30 24 SS 0032 13 30 24 32 0067 24 90 24 17 0102 14 SO 24 47 0008 24 30 21 47 0028 13 SO 24 M 0021 �aao z� aoosx 13 30 24 44 0023 04 30 24 77 0008 13 30 24 23 0039 1330 24I70W8 73 30 24 47 OOYB 74 30 21 44 0039 2430 24 230024 24 30 24 24 0090 24 30 24 27 0028 24 30 24 21 0032 24 30 24 27 0010 1330 2f {20048 73 30 24 42 0024 1330 24 240020 73 30 24 13 0038 73 30 2t 24 0044 73 90 24 24 0077 13 30 24 24 0077 7330 24 240706 13 30 24 210009 �a ao u zi ooxa 23 30 24 49 0006 24 90 2A 33 0024 2{ 30 34 33 0026 24 30 24 33 0028 24 30 24 33 0027 03 30 24 32 0110 �33U 2A 320736 14 30 24 92 0270 it 30 24 32 0301 14 30 24 32 0188 14 30 24 32 0208 28 30 24 23 0082 ACC f auos 25696 135816 139286 734866 146076 146086 146096 146715 146125 68096 114426 760096 SBi85 128666 56666 6316 747726 120666 106095 110165 26776 86�66 25945 56676 160776 6476 '149386 136826 36826 749846 18767b 26666 160275 848A5 780395 70605 730886 168536 153466 109655 �48805 760875 781995 745436 700225 155�46 28876 29085 730785 161635 29296 28516 89676 29585 166415 29916 30096 30706 90778 30725 108275 82885 160785 174866 147026 1I3885 7065 LOCATION A 468690 I68670 498b60 498640 488660 498670 698880 498690 498720 488730 �88830 498880 488900 498930 498370 499400 449820 u�oo 449790 468770 488810 468860 489010 488020 498810 4{9780 {49780 M9920 478740 478890 470380 470720 488810 470000 470090 470040 548870 4791Z0 471230 471330 470810 aticao 4777/0 649270 477790 4718�0 472010 472030 472700 472210 472950 4725 W 472370 472{60 472660 4726T0 472870 473760 473760 473770 4T3180 501470 504480 545780 b47470 648460 616800 450340 ADDRESS 6357 ABLE ST 8424 ABLE ST 7576 ABLE 8T 7563 ABLE ST 7655 ABLE 3T 7665 ABLE 3T 7667 ABLE ST 7579 ABLE ST 7695 ABLE ST 7597 ABLE $T 125 ALDEN CIR 7607 ALDEN WAY 7675 ALDEN WAY 7524 ALDEN WAY 7869 ALDEN WAY 7882 ALDEN WAY 6N 7 ALTURA RD 6471 ALTURA RD 6488 ALTURA RD 6507 ANOKA ST 85�4 ANOKA ST 6576 ANOKA ST 8680 ANOKA ST 6683 ANOKA ST 7878 ARTHUR ST 6472 ASHTON AVE 6426 ASHTON AVE 670b ASHTON AVE 6208 BAKER AVE 8347 BAKER AVE 6041 BENJAMIN 5T 748 BENNETT OR 1526 BOHNHOF JUNCTION 1808 BRIARDALE RD 1611 BRIARDALE RD 7623 BWARDALE RD 8320 BROAD AVE 8606 BROOIMEW DR 7640 CAMELOT LN 1831 CAMELOT LN 6201 CAROL DR 6818 CENTRAL AVE 6896 CEHTRAL AVE 5971 CENTRAL AVE 6021 CENTRAL AVE 6067 CENTRAL AVE 6381 CENTRAL AVE 6101 CENTRALAVE 6868 CENTRAL AVE 8677 CEHTRAL AVE 6632 CHANNEL RD 6561 CHANNEL RD 6671 CHANNEL RD 662d CHANNEL RD 6807 CHANNEL RD 6806 CHANNEL RD 536 CHERI CIR 7200 CHERI LN 7230 CHERI LN 7260 CHERI LN 7290 CFIERI LN 627 CHERYL ST 630 CHERYL ST 167 CHRISTEN80N CT 6428 CHRISTENSON LN 8466 CHRISTENSON LN 6498 CHRISTENSON LN 6017 CLEARVIEW 3T 53 BALANCE 878.06 783.27 373.49 282.78 620.06 274.63 290.18 B76.9b 988.82 630.70 343.27 636.62 948.08 458.78 200.00 168.69 sn.n �oe.sa 407.06 788.24 648.36 626.43 2,985.28 978.34 680.94 266.b9 674.67 928.72 1,O68.f6 230.86 283.02 202.98 132.71 377.14 609.31 333.41 304.83 409.20 99.25 464.71 1,074.79 397.37 340.85 841.29 217.72 292.17 254.76 {86.70 887.22 9I5.17 7,781.36 4.M3.72 4,6I8.14 528.46 337.88 27b.6'I 486.79 223.76 165.30 787.76 170.09 624.19 '166.98 436.60 328.72 i,WA.66 396.88 714.04 PENALTY $ 87.67 59.33 57.36 26.28 52�07 Y7.48 29A2 87.B0 98.88 63,47 34.33 53.68 94.87 46.98 20.00 48.87 37.78 70.66 40.77 78.82 64.84 62.54 zae.as 97.83 68.08 25.66 67.48 92.87 108.86 23.09 28.30 20.30 73.27 31.77 80.83 53.34 30.48 40.82 9.93 46.47 707.48 39.74 34.09 64.79 27.71 29.22 26.42 49.87 68.72 9{.62 118.14 444.31 484.84 62.96 33.78 21.66 K.68 22.92 76.65 18.18 77.07 52.A2 18.70 45.65 32.81 707.17 38.57 74.40 TOTAL 983.67 432.60 410.84 289.06 b72.07 302.08 319.20 743.56 1.08730 588.77 377.60 680.50 7,0{2.90 SOb.76 220.00 576.66 N5.56 n�.z� 447.77 875.66 601.30 667.87 2,623.81 1.076.77 748.03 281.15 742.03 7,021.69 1,176.31 253.98 371.32 223.28 746.92 348.86 880.21 386.76 385.37 460A2 708.18 677.18 1,776.27 437.17 174.84 705A2 258.83 921.39 278.67 506.37 765.98 1,039.69 7,299.60 4,867.43 5,117.08 582.41 36b.05 237.17 573.47 246.48 781.83 798.85 787A0 676.81 183.89 480A6 380.93 1,176.83 {36.25 878.44 PIN 28 30 24 23 0715 1430 2{ 740044 14 30 24 74 0048 14 30 24 39 0063 1130 24 730078 10 30 24 42 0043 OS 30 24 49 0034 19 30 24 75 0066 73 90 24 37 0009 03 90 24 92 0184 24 90 24 IA 004Y 24 30 24 410100 24 30 24 47 0104 24 SO 24 47 0111 24 30 21 41 0088 24 30 24 47 0089 24 30 24 410082 u ao u at ooas 24 30 24 410111 u ao x� ea ozse u ao u u ozza u ao u ea ozz� u ao u aa ozoo 2410 24 44 0181 2� 30 24 44 0270 24 30 24 44 0182 24 90 24 I4 0183 24 30 2{ M 0283 24 90 24 17 0077 5490 2{ 430073 16 SO 2� 410071 16 SO 24 {20086 76 30 24 180066 10 SO 24 43 0017 �o ao u aa oo+a 1Q 3Q 21 110Qt9 70 30 24 110009 70 30 24 11 0008 03 30 24 4$ 004{ 03 30 24 210026 09 30 24 23 0238 03 30 24 22 0083 os so u u oaza 03 30 24 42 0747 03 30 24 $10708 03 SO 24 310092 03 30 24 32 0004 72 30 24 13 0045 03 SO 24 23 0088 0330 2{ 320017 03 30 2I 23 0788 03 30 24 24 0033 OS 30 24 2I 0025 25 30 24 21 0018 09 30 24 13 0014 OS 30 24 /30012 13 SO 24 7I0094 73 30 24 140060 24 30 2{ 24 0101 26 30 24 23 0038 0330 P{ 230256 03 30 24 23 0236 24 90 24 2d 0056 24 30 24 24 0083 15 30 24 12 0060 24 30 24 82 0051 ?A 30 2{ $1 0032 12 30 24 13 0034 ACCT 0 7065 127195 138845 7365 716875 143366 77b486 161565 106I76 747686 746486 82226 18SS45 16199b 766446 704886 744265 1458U5 763826 723605 123105 136205 +z�tos 30715 118285 118045 708896 120836 189846 185785 14666 99Y8b 119656 15484b 83M5 63825 726766 167825 744836 90766 140795 111686 �seeas 141146 164026 187976 84886 180816 85425 139706 66696 700796 140055 124665 717735 782046 15357b 82616 756186 88916 705666 66505 114305 34025 741475 33776 736285 749I46 LOCATION i 450360 479300 {78350 450840 604670 605210 505030 473400 474150 605790 4742211 47{420 47{460 474820 474820 474840 474870 474880 474N 0 473460 {73800 473640 4737/0 473760 473770 473780 473820 479900 474760 62346U 467800 457660 457900 606060 6p6070 5064b0 506500 606650 648710 606800 608860 608930 607020 607240 507{00 507670 b07600 607780 608020 508140 508180 5078/0 607860 47b970 608080 608620 475590 476800 475610 4610f0 509030 508050 476670 477010 609490 477200 4779b0 609�60 ADDRESS b024 CLEARVIEW ST 6b46 CLOVER PL 8588 CLOVER PL 6277 COMET LN 7827 CONCERTO CUR 115 CRIUG WAY 170 CR/UGBROOK WAY 1320 CREEK PARK LN &152 OELLWOOD DR 670 DOVER ST 5508 EAST BAVARIAN PASS 5527 EAST BAYARIAN PA33 6632 EABT BAVARIAN PA33 6638 EA3T BAVARIAN PASS 5563 EAST BAVARIAN PA33 6587 EAST BAVARIAN PA33 6675 EAST BAVAWAN PA33 65TT EAST BAYARIAN PA33 6680 EAST BAVAWAN PASS 6407 EAST BRENNER PASS 6437 EAST BRENNER PASS 6445 EAST BRENNER VASS b187 EAST BRENNER PA33 6471 EAST BRENNER PASS Sf74 EAST BRENNER PASS 6476 EAST BRENNER PA33 5{78 EA3T BRENNER PA33 5484 EAST BRENNER PASS 5523 EAST OBERLIN CIR 57211 EAST RIYER RD 8305 EAST RIVER RD &131 EAST RIVER RD 8520 EAST RIVER RD 6827 EA3T RIVER RD 6947 EAST RIVER RD 7613 EAST RIVER RO 7619 EA3T RIVER RD 7849 EAST RIVER RD 7757 EAST RIVER RD 8181 EA3T RIVER RD 8200 EA3T RIVER RD 8340 EAST RIVER RD 7600 ELM ST 233 ELY 3T 298 ELY ST 601 ELY ST 649 ELY $T 7335 EVERT CT 637 FAIRMONT ST 680 FAIRMONT 3T 616 FAIRMONT $T 8087 FAIRMONT CIR 8102 PAIRMONT CIR 5261 FILLMORE 8T 7861 FIRWOOD WAY 7865 FIRWOOD WAY 6684 FRIDLEY 3T 6600 FRIDLEY ST 12117 GARDENA AVE 772 GIBRALTAR RD 820 GLENCOE $T 630 GLENCOE 3T 7008 HACKMANN CIR 6882 HACKMANN AVE 786 HARTMAN CIR 976 HATHAWAY LN 7067 HATHAWAY LN 7300 HAYES ST 54 BALANCE 87.44 698.27 477.77 747.78 7,381.88 2,263.59 348.48 7,042.08 110.67 846.66 139.68 123.42 1,508.88 204.�6 707.53 {50.93 405.10 76.18 467.90 786.87 84.35 633.69 603.99 483.66 200.12 275.52 802.72 103A8 523.67 16,651.82 374.63 178.92 9,929.70 481.57 98.52 673.B2 212.80 238.39 3�808•54 690.99 334.77 467.45 98.74 63.66 524.00 90.98 1,210.78 668.98 477.28 7,013.69 496.74 466.74 661.86 722.63 7,486.64 882.62 290.70 985.20 306.37 340.62 664.08 602.42 N2.16 7,039.15 194.63 960.30 88.28 673.66 PENALTY § 8.74 69.6� 47.78 74.78 738.79 226.36 34.85 704.27 17.09 84.66 iS.97 72.34 730.88 20.f8 10.76 45.09 40.57 7.62 46.78 18.58 6.04 53.37 5owo ea.�s 20.04 27.6b 80.27 70.35 62.37 1,563A8 37.48 11.89 382.87 49.76 8.96 67.38 21.28 23.64 380.86 59.70 $3.47 {5.76 8.87 6.39 62.40 9.70 727.02 66.70 41.73 107.35 48.87 45.67 56.14 72.26 7{8.68 88.26 28.07 38.62 30.51 34.06 66.47 50.24 41.22 703.82 19.46 86.03 9.83 67.37 TOTAL 98.18 765.80 468.56 822.54 7,620.07 4,489.95 384.43 1,746.29 721.86 710.12 1 W.88 135.7B 7,439.75 225.24 718.28 496.02 446.67 83.78 497.08 182.{6 92.78 587.06 654.39 sst.e� 220A6 303.07 882.33 773.84 576.04 77,186.OU 412.09 730.81 4,322.67 640.73 108.47 63U.98 254.08 280.03 4,789.38 660.09 368.78 503.2� 108.61 70.24 576.40 700.08 1,331.20 722.89 462.39 7,714.88 646.47 b01.31 817.50 784.69 1,894A2 870.88 918.77 423.72 336.97 374.68 730.49 552.86 463.96 7,749.07 213.88 7,056.53 708.12 741.03 PIN 12 30 24 48 0056 19 30 24 4S 0101 29 90 24 13 0077 13 90 24 S7 0073 73 30 24 210060 72 30 24 220008 24 30 24 72 0036 24 30 2t 34 0021 23 SO 24 �$ 0028 26 �0 24 520107 28 30 24 22 0061 23 30 24 SS OO5I 26 30 24 22 0059 0� 30 ?A 24 0087 OS 30 24 24 0086 0390 2t 24070� 03 30 24 24 0079 0330 21 23Utfi4 03 30 24 23 0788 03 30 24 23 0187 03 30 24 730005 03 30 24 24 0080 09 30 24 24 0086 03 $0 24 2I 0008 03 90 24 23 0278 03 30 24 23 0029 03 30 24 23 0031 03 30 24 23 0736 zs ao u at oo�+ 1130 2{ id0016 71 30 24 140009 11 90 24 14 0008 77 30 24 11 0074 17 30 ?A 11 0028 O$ SO 24 230076 03 30 24 23 0042 0130 24 23 0228 14 30 ?A 42 0077 14 30 2{ 42 0087 74 30 24 12 0002 14 30 24 S2 0013 14 30 24 71 0017 1 S 30 24 OS 0026 03 30 24 220086 03 30 24 22 0090 03 30 24 22 0131 03 30 24 23 0126 03 30 24 22 0083 12 30 24 14 0016 12 30 24 17 0007 03 80 34 42 0086 25 30 24 27 0047 10 SO 24 420032 03 30 24 42 0030 03 30 24 42 0073 oa ao u az o0�2 03 30 24 42 0007 03 30 24 42 0187 03 30 24 97 0131 24 SO 24 320046 24 30 24 32 0038 17 SO 24 240069 23 �0 24 430089 Y330 24 430053 28 30 24 1 S 0073 23 30 24 23 0708 23 90 2� 23 0736 23 30 24 22 0149 ACCTS 138225 138986 766476 752076 $5485 168476 7 W638 92325 138025 154Y45 133946 8285 722975 108476 68766 121926 88266 87226 88875 124316 68745 96716 129766 164096 69086 140365 6918b 88326 166796 7/4866 119966 69616 146086 102526 i$9585 14I905 7070b 152325 161085 120815 8966 37696 38706 '186345 97826 97835 135025 156616 126905 766006 71186 142786 125566 734835 94075 77846 'IS7445 7i826 MO65 165865 S88Y6 1TA365 13?385 �u�zs 39586 9425 9435 14529b LOCATION N 608610 &ISS90 an�m 478420 478480 670680 478180 476660 467280 457320 467360 461680 452000 610870 610700 670780 670800 51117U 511200 571220 5N270 611400 671480 671620 617620 311710 611720 677860 478480 672000 612119 672150 672300 612310 612460 612460 612670 A80790 480270 480080 4622f0 480660 487050 612780 512670 512840 513000 613210 513280 673920 613690 481410 61{O60 574200 574320 614340 674170 a+esso 614660 087760 aemn 871670 {8?A30 �auso 482530 462700 453770 452880 ADDRESS 7476 HAYE$ ST 8206 HEATHER PL 840 NELENE PL 6319 HIGHWAY 65 6831 HIGHWAY66 7680 HIGHWAY 65 1360 HILLCREST DR 1307 HILLWIND RD 748 HORIZON GR b728 HORI20N DR 51f� HORIZON DR 5373 HORIZON DR 6709 HUGHES AVE 315 HliGO 3T 310 HUGO ST 387 HUGOST 420 HUGO ST 883 NUGO 3T 670 HUGO 5T 680 HUGO 5T 2661RONTON ST 3501RONTON ST 4071RONTON ST 4301RONTON ST 8411RONTON ST 6871RONTON ST 6951RONTON ST 8711RONTON ST 8706JACKSON ST 7361 JACKSON 3T 7421JACKSON ST 7M1 JACKSON ST 7599JACKSON ST 7600 JACKSON ST 610 JANESVILLE ST 618 JANESVILLE ST 686 JANESVILLE 8T 6301 JEFFERSON ST 8347JEFFERSON ST 6820JEFFERSON 3T 8270 JUPITER RD 800 KENNASTON DR B244 KERRY LN 617 KIMBALL ST 587 KIMBALL ST 815 qMBALL ST 858 KIMBALL ST 6S0 LAFAYETTE ST 7470 LAKESIDE RD 7613 LAKESIDE RD 226 LIBER7Y 3T 6230 LINCOLN ST 130 LOGAN PKWY 734 LONGFELLOW ST 201 LONGFELLOW ST 215 LONGFELLOW ST ?AO LONGFELLOW ST 260 LONGFELLOW 3T 470 LONGFELLOW 3T 7010 LYNDE DR 10t1 �YNDE OR 7370 LYRIC LN 6371 MADISON ST 6407 MADISON ST 5720 MADISON 3T 5786 MAIN ST 5776 MAIN 3T 6007 MAIN ST 55 BALANCE na.n 6,480.88 332.02 �ae.0 748.78 866.87 796.71 776.28 648.80 210.99 835.76 745.57 1,494.79 308.62 608.20 530.33 887.58 684.33 772.33 420.74 72&11 189.03 647.16 7,376.92 842.39 628.27 252.85 307.33 66.88 337.75 416.88 786.87 628.63 7,028.19 t22.66 548.70 680.46 649.83 366.48 76&13 869.98 335.78 120.66 272.47 545.68 852.83 688.25 183.39 668.73 386.28 575.47 u�.2a 632.94 769.7b 246.37 168.49 841.88 �35.82 690.29 383.06 558.15 8{9.86 556.76 228.89 331.63 4b8.88 726.55 598.34 PENALTY S fl.98 548.07 33.20 tae+ T0.88 66.57 79.57 77.63 64.89 21.70 83.38 14.68 748.48 30.9b 60.92 63.03 88.76 56.t3 17.23 42.07 72.67 {8.80 64.72 157.69 84.24 62.63 15.29 30A3 6.67 33.78 41.60 78.68 62.86 702.82 12.27 $4.87 66.05 64.98 36.66 76.67 85.84 53.62 72.07 27.23 5�.66 65.28 88.83 18.33 86.87 58.63 57.66 u.�3 63.28 76.98 24.53 16.96 84.79 33.38 63.03 38.37 3&92 84.99 36.58 22.97 33.18 4b.69 12.58 69.88 TOTAL 857.76 8,028.76 565.22 azz.aa 827.6fi n�.0 215.28 853.97 604.89 232.08 817.16 7B0.73 7�6t4.27 340.47 560.12 583.36 976.35 B20.76 788.56 462.61 797.62 537.93 711.88 7,514.61 926.63 688.80 278.14 531.46 72.28 371.53 467.58 866.58 691.48 7,137.07 13{.93 804.67 726.57 774.81 392.1$ 170.84 845.32 368.70 132.73 298.72 600.14 778A 1 978.18 207.6B 736.70 424.89 633.02 2B6.41 566.23 186.73 268.84 786.4t 706.07 367.20 693.32 421.38 395.07 934.84 391.34 262.68 384.74 602.67 738.77 658.77 PIN 74 30 24 23 0088 74 SO 24 23 0028 23 SO 24 140W4 24 30 24 4$ 0009 uao u uoott 18 30 24 14 OOI7 12 30 24 74 0056 +z so u �z ooeo �zao u �zoo�o tzso u �zooa� 24 90 24 410086 u so za �� aosa 24 30 24 N 0063 ?A 30 24 410061 77 30 24 130040 77 10 24 130105 11 SO 24 720049 » ao u u oosz 11 30 24 17 0018 17 30 24 19 0094 17 30 24 1 S 0096 ++ so u � s ooeo 14 90 7A 32 0022 1430 24 $20053 76 30 24 420068 7430 2� 240004 u so z� +2oot� 7430 2I 410N2 13 30 24 770021 13 30 24 18 0006 14 3U TA 410029 14 30 24 62 0087 74 30 24 14 0060 1{ 30 2� 140006 7{ 30 24 110034 24 30 24 42 0069 24 30 24 47 0011 13 30 24 H 0098 73 30 2{ 11 0104 +a ao u � � ooea 13 30 24 17 0108 72 30 24 97 0092 12 90 24 31 0086 12 SO 24 37 0085 72 30 24 37 0103 24 30 24 110037 1230 24 730086 12 30 24 14 0003 12 30 24 12 0058 12 30 24 72 0060 uso u ��o��o 74 30 24 77 0722 74 30 24 77 0082 28 30 24 23 0081 26 90 3{ 210023 26 �0 24 210016 26 30 ?A 210012 t3 30 24 37 0021 7! 30 24 23 0058 2{ 30 24 32007Y 14 30 24 410017 74 30 2t 47 0015 74 30 21 33 0018 02 30 24 32 0018 24 30 24 34 0074 24 30 24 91 0093 24 SO 24 31 0704 24 SO 24 310081 ACCT3 114206 9736 {0286 768666 743185 153896 737475 118886 81216 1b16S6 142866 42376 4242b 758126 137505 92725 138195 766725 721486 7�6476 103276 97866 169866 8816 167835 41065 �u�as 41195 N875 107075 1t7366 108886 780956 42806 128726 74289b 1/6665 168645 766105 71446 7M676 758626 ib8876 166305 756935 1{8466 137846 166656 767466 7�3576 729265 146685 46406 163185 1N155 44825 M876 141176 88436 148685 46046 105215 70975 89285 748476 �8166 159226 768626 LOCATION i 462980 463010 483200 483940 I63830 482390 67b2M 676660 515660 515710 485210 485310 486980 48538U 516300 676620 676690 616640 676780 575950 575960 676090 463080 455090 648370 484010 asa+�o 484380 484810 484920 48566U d856B0 485700 485740 485680 466470 486760 518850 678880 678890 676960 648470 648530 61T000 648660 487090 677310 51T600 678220 618240 187260 187520 488290 453660 187690 487720 687770 487880 663800 188680 488980 469020 454250 s+neo 188770 189340 489380 489200 ADURESS 6661 MAIN ST 6727 MAIN S7 720 MARIGOLD TER 5953 MATTERHORN CIR 5760 MATTERHORN DR 6640 MCqNLEY ST 7473 MCKINLEY 3T 1378 MEADOWMOOR DR 1381 MEADOWMOOR DR 1118 MEADOWMOOR DR 6630 MEISTER RD 6668 MEISTER RD 6578 MEISTER RD 6688 MEl3TER RD 7941 MELODY DR 7032 MELODY DR 7452 MELODY DR 7466 MELODY DR 7{98 MELODY DR 7367 NEMORY LN 7368 MEMORY LN 7386 MEMORY LN 221 MERCURY DR 222 MERCURY DR 170 MI331SSIPPI PL 421 MISSISSIPPI ST 674 MISSISSIPM ST 79Y MISSISSIPPI 3T 1367 NISSISSIPPI ST 7466 MI8313SIPPI 8T 8S8t MONROE ST 8380 MONROE 3T 8656 MONROE ST 8700 MONROE ST 8830 MONROE ST 1600 NORTH iNNSBRUCK DR 7666 NORTH OBERLIN CIR 1613 NORTH TIMBER RIDGE 1618 NORTH TIMBER RIDGE 7627 NORTH TIMBER RIDGE 1634 NORTH TIMBER RIDGE 7724 NORTON AVE 115{ NORTON AVE 1765 NORTON AVE 7217 NORTON AVE 6928 OAKWOOD MANOR 1382 ONONDAGA 3T 1618 ONONDAGA ST 1392 OSBORNE R� 7412 OSBORNE RD 747 OVERTON DR 8211 OVERTON DR 741PANDORA DR 212 PANORAMA AVE 5270 PIERCE 5T 6276 PIERCE 3T 5260 PIERCE ST 8423 PIERCE ST 6731 PLAZA CUR 5650 POLK 5T 639U QWNCY ST 6950 QUINCY ST 8267 RAINBOW DR 8070 RANCHERS RD 7760 REGIS LN 6650 REGIS DR 6720 REGIS DR 1224 REGIS TER 56 BALANCE 7.744.97 793.66 403.47 398.43 7,339.1{ 382.88 639.87 337.43 455.60 637.69 787.65 243.47 591.24 �43.40 225.88 62b.28 380.83 801.84 286.80 872.70 369.96 662.34 856.71 106,78 260.26 308.37 �szez 774.95 864.13 7,316.02 438.79 BSS.73 b08.38 108.86 1{8.06 784.62 260.09 802.80 191.57 278.82 315.82 1,186.26 462.86 256.12 522.83 767.75 880.49 823.67 381.27 7,290.89 122.86 A88.46 87.25 718.77 807.88 631.77 769.88 200.00 622.20 76,873.24 280.68 373.82 622.48 1,401.70 829.02 635.78 668.65 7,984A7 PENALTY S 774.48 78.36 40.36 38.64 133.81 33.27 53.88 33.74 43.66 63.77 79.17 24.36 69.72 4t.Yl 22.60 62.63 38.06 60.76 26.18 8737 37.00 66.23 6b.87 40.82 28.03 30.63 �s.0 �t.w 85.41 737.60 43.88 66.37 60.84 70.90 74.81 18.{6 26.00 80.28 18A5 7/.88 51.58 178.69 /6.29 26.81 62.28 76.78 69.06 62.37 58.72 128.09 12.30 48.85 8.73 76.81 so.n 83.18 16.98 20.00 62.22 7,697.32 29.07 37.38 62.26 140.17 8280 53.32 56.87 138.44 TOTAL 7,914.40 872.92 M3.82 436.07 7,473.06 385.83 693.79 371.17 479.78 707.46 670.82 267.82 660.38 487.T4 248.68 887.79 478.68 867.80 297.28 758.31 C08.88 728.67 724.68 I46.80 288.28 339.11 627.86 786.45 1,M9.64 1,417.62 480.47 779.10 569.23 118.86 182.86 M2.97 276.03 889.08 210.66 306.48 347.40 1,305.78 509.15 283.93 57b.11 837.93 769.64 686.04 387.33 7,479.98 135.28 537.31 96.88 822.92 888.{6 684.96 175.87 220.00 574.42 18,670.56 319.76 477.20 684.73 1,b41.21 811.92 586.60 825.62 1,500.86 24 $0 16 SO 73 30 1� 30 73 30 13 SO 13 30 74 30 14 30 14 30 14 30 16 SO 16 SO 76 30 76 30 16 SO 15 30 16 30 10 30 �o so 10 30 OS 10 03 SO 70 SO 28 30 03 30 03 30 03 30 03 30 16 $0 u ao 24 30 24 30 1S 30 13 30 26 30 14 30 15 30 03 30 10 30 14 SO 15 30 14 SO 77 30 77 30 11 30 10 30 70 30 70 30 10 90 10 30 25 30 25 80 25 30 '13 SO 73 30 11 30 11 30 11 a0 71 $0 17 90 11 SO uw u so u ao 16 90 25 3D 26 30 PiN 24 37 0064 24 730066 24 430715 u ae000� 21 410175 24 41 0005 u ea ooss u zz �s� 24 22 0068 u z� ooso 24 24 OD73 2� 450068 24 �30078 ?A 42 0023 $4 62 0086 24 420107 u u o+o� 24 42 0030 24 42 0063 u sz ooso 24 62 0042 24 320173 24 23 0233 24 42 0065 24 23 0018 24 240040 24 24 0039 24 24 0049 u u ooss 24 47 0085 u u oos: 24 14 0021 21 I40019 2I 47 0069 24 410068 u ��oou u �oo�� 24 44 0086 u ea aaas 4 u �zooea 24 33 0046 ?A 410062 24 330092 24 24 0061 u u oow 24 2I0069 24 '140056 24 740032 24 7�0010 24 730005 u �s000e 24 22 0037 24 22 0026 u zz ooae 24 320068 u a2 000a 24 ?A0018 2I 240016 24 2i 0110 24 130068 24 13 0082 24 12 0033 u u ooaz xs u oos� u a+o�e� u u ooas 24 11 0062 u »owa ACCT • 86786 93626 103856 118�16 168765 47085 732336 113806 142786 144626 tb1186 111{26 142345 17665 17845 132705 �aeoss 11746 107465 113446 712025 nass 169685 14075 148455 166685 122395 77676 761666 80015 730016 49706 49746 48815 82725 736866 749446 7218{6 112875 721866 157076 713776 13555 733165 78145 72755b 745996 149776 752BOb 76425 '113636 60015 ao�oa �azsss 764875 766866 129925 14b046 78766 166626 749206 79145 76667b �s�s �eosas 1&7366 164776 788676 LOCATION 9 489430 455570 488660 489780 648050 489940 490060 465230 466270 490180 480320 454260 464700 454840 464920 454970 {66000 466020 619500 619640 619550 619B80 519780 b22680 455620 579880 520010 620070 621ND0 456710 481760 492580 492620 492780 492790 497440 465860 648830 620400 520{70 466680 456610 45B780 520490 5206/0 520660 620720 520750 62DB00 520820 ssoazo a 482880 492890 492900 492970 493060 527030 627 W0 621150 621230 621280 6216211 483W0 493710 483210 467100 495460 483650 ADDRESS 5W3 REG�3 TRAIL &L RICE CREEK WAY 7400 RICE CREEK RD 1820 itlCE CREEK RD 7642 RICE CREEK RD 1627 W CE CREEK RD 8790 RICE CREEK DR 2i1 PoCE CREEK TER 281 WCE CREEK TER S72 RICE CREEK TER 434 RICE CREEK TER 100 RIVER EDGE WAY 6230 RIVERVIEW TER 6417 RIVERVIEW TER 6440 RIVERVIEW TER 6477 RIVERVIEW TER 6476 RIVERVIEW TER 8180 RIVERVIEW TER 7138 RIVERVIEW TER 7764 RIVERVIEW TER 7167 RIVERVIEW TER 7866 RIVERVIEW TER 6741 RIVERVIEW 7ER 7726 RIVERWOOD DR 4821 ROMAN RD 8118 RUTH ST 8110 RUTH $T 81/6 RUiH 3T 8187 RUTH CIR 115 SATELLITE LN 13W SK�Mf00D CT 7b58 SOUTH OBERLIN CIR 1664 SOUTH OBERLIN CIR 64b0 SQUIRE DR 6480 SQUIRE OR 6290 ST IMIER DR 6102 STAR LN 8260 STARLITE BLVD 187 STONYBROOK WAY 288STONYBROOK WAY 6210 SUNRISE DR 701 SYLVAN LN 250 SYLVAN LN 7307 SYMPHONY ST 7331 SYNPHONY ST 7367 SYMPHONY ST 24 TALMADGE WAY 67TALMADGE WAY 100 TALMAOGE WAY 115 TALMADGE WAY 161 TALMADGE WAY 6234 TAYLOR ST 6235 TAYLOR 3T 5260 TAYLOR ST 6471 TAYLOR 3T 6461 TAYLOR ST 7521 TEMPO TER 7947 TEMPO TER 7581 TEMPO TER 7477 TEMPO TER 7440 TEMPO TER 7634 TEMPO TER 5824 TENNISON DR 6865 TENNISON DR 1631 TRAPP CT 8770 TRINITY DR 7542 TROLLHAGEN DR 1691TROLLHAGEN DR 57 BALANCE 907.46 837.81 336.80 607.86 674.29 58.92 277.42 608.44 649.01 378.86 1,177.98 707.35 430.23 1,884.78 805.97 487A8 788.27 155.5{ 155.63 277.{8 703.50 193.77 zn.sa 1,004.?A 280.04 136.68 C89.71 431.03 368.67 533.{0 348.63 412.W 7{2.20 194.88 862.01 Z64.03 64. 357.17 880.74 540.T7 503.38 607.80 882.55 782.80 538.40 383.68 374.97 9A1.82 283.56 1,287.53 668.78 286.36 986.18 +,za�.vt 887.30 782.04 115.27 747.20 834.SS 1,694.20 210.55 836.60 491.76 354.38 472.78 156.66 498.88 989.62 849.60 PENALTY S 80.75 83.78 39.58 80.79 87.13 6.88 27.74 80.84 W.90 37.89 177.20 70.74 43.02 199.48 50.80 49.72 79.93 46.65 13.68 21.76 70.58 19.58 z�.n 100.42 28.00 15.66 4&.91 43.10 36.87 53.34 34.85 41.26 74.22 19.48 86.20 26A0 95.71 89.07 54.08 30.34 60.78 85.26 78.26 53.84 36.N 37.49 34.18 �.� 729.76 65.88 26.54 96.52 726.47 96.75 78.20 71.63 74.12 89.{8 159.42 27.06 63.56 49.18 35.0{ 41.28 15.66 49.97 98.35 84.95 TOTAL 988.20 927.58 369.38 688.65 �a�.v2 64.61 305.76 559.28 803.91 416.74 1,269.19 778.09 47335 2,794.24 686.57 646.80 219.20 601.09 148.47 259.23 773.85 273.15 305.48 1,104.62 308.04 150.24 638.Q2 474.73 384.54 58B.74 384A8 469.89 766.42 214.37 937.21 290.{3 386.22 979.81 584.85 333.72 668.58 1,047.81 639.08 692.24 398.84 472.40 376.00 311.70 7,{27.28 614.66 291.90 1,083.70 1,391.18 7,084.03 860.24 128.80 816.32 978.31 7,763.62 291.67 879.06 540.94 389.ffi 464.04 172.22 649.85 7,092.87 83{.46 PIN 1L S0 24 340004 14 SO 24 340004 u so u aa000a 14 30 24 3� 0004 7430 2{ 340004 14 30 24 34 000{ 17 30 24 24 0090 71 30 24 24 0080 11 30 24 24 0086 11 90 24 24 0086 11 SO 24 24 0737 77 30 24 230006 17 SO 24 2t0737 11 30 24 240750 11 30 24 28 0002 +� ao u z� oaa 77 30 24 27 0042 02 30 24 S3 0009 14 30 24 410064 11 30 24 N 0068 N 30 21 770081 23 30 24 13 0092 23 30 24 13 0102 74 30 24 12 0011 14 30 24 12 0008 24 $0 24 II 0090 24 30 24 410247 24 SO 24 410166 ?A 30 24 47 0768 u ao z� aa ons 2a ao u as ooa 24 80 24 43 0046 14 30 24 4{ 0034 14 90 24 44 0038 2630 24 120028 26 30 24 17 0065 13 30 24 M 0018 sa ao u z� owe 73 30 24 43 0087 ACCT• 189776 51416 61426 57436 61455 728175 716796 79646 N8015 198255 t33206 79816 133Y75 151606 79855 129946 78966 800T6 78377b 12/42b 161806 176886 718445 728206 103886 744605 781826 62325 150266 133815 N6886 61946 727286 129$66 181846 157966 66285 716865 776016 LOCATION S 484280 494270 49{280 484290 484310 48q3{0 622070 522020 622750 622760 622470 522780 522790 547630 suzzo 6Y2240 622320 622440 49/030 623700 sza�ao �86780 486190 496560 486620 49�620 496150 49616� 496320 {97490 4971f0 497770 496/60 496580 496790 497040 488090 197700 497900 FINAL BILLED ACCOUNTS: 23 30 24 340098 7430 21 410703 13 30 24 41 0013 03 30 24 0{ 0008 12 30 24 520004 03 30 24 24 0001 76 30 24 42 0088 12 10 24 310077 161885 8Y286 7985B6 751996 159655 15{16b 13{736 152866 517810 •88680 473980 607110 670510 611450 546370 648600 ADDRESS 6207 UNIVERSIT' AVE 8205 UNIVERSITV AVE 6275 UNIVERSITY AVE 6226 UNIYERSIiY AYE 6249 UNIVERSITY AVE 625$ UNIVERSITY AVE 7373 UNIVERSITY AVE 7315 UNIVERSITY AVE 7385 UNIVERSITY AVE 7387 UNIVERSITY AVE 7397 UNIYERSITY AVE 7398 UNNERSITY AVE 7399 UNNERSI7Y AVE 7475 UNIVERSITY AVE 7440 UNIVERSITY AVE 7607 UNIVER317YAVE 762b UNIVERSITY AVE 7700 UNIVERSITY AVE B426 VAN BUREN ST 7628 VAN BUREN ST 7655 YAN 9UREN ST 6837 WASHINGTON 3T 6846 WASHINGTON ST 6830 WASHINGTON ST 8866 WASHINGTON 3T 1564 WE3T BAVARIAN CT 6665 WEST BAVARWN PA83 5654 WEST BAYARIAN PASS 6880 WE3T BAVARIAN PASS 6403 WEST BRENNER PASS 7474 WE3T DANUBE RD 1{78 WEST DANUBE RD 837 WEBT MOORE LAKE DR 867 WEST MOORE LAKE DR 1400 WINDEMERE DR 7655 VYINDEAAERE DR 1829 W000.SIDE CT 80fi3 WOQDY LN 6127 WOODY LN BALANCE 766.26 834.87 214.95 1,607.66 133.55 309.2{ 336.20 284.78 982.97 675.22 1,244.20 346.88 164.25 929.11 66.68 7,009.26 923.03 M6.27 784.86 1,799.65 300.43 870.13 789.10 815.89 308.68 729.08 379.6b 550.74 907.08 7,771.21 447.03 280.20 274.78 928.88 280.17 726.78 463.84 627.56 781.99 PENAITY E 16.63 83.49 21.50 160.76 13.36 30.82 33.62 Y8.42 96.30 67.52 '124.�2 94.67 36.43 92.91 6.67 700.93 32.30 4t.63 79.50 719.86 30.01 87.47 18.84 91.59 30.87 72.91 37.97 55.07 80.77 177.12 44J0 28.02 7f.42 33.00 28.02 72.68 45.38 82.76 79.20 TOTAL 182.89 878.56 338.16 1,668.32 748.81 340.76 369,82 372.60 1,058.27 742.74 'I,N8.82 380.25 400.68 1,022.02 62.36 1,770.78 356.33 i9D.90 870.45 7,178.51 33�.14 895.54 219.34 7,007.48 387.36 807.99 {77.82 B06.81 887.80 7,848.33 481.73 aos.0 301.60 362.99 286.18 788.46 499.22 690.32 271.18 Sob Tofal AcNvc Accouots S 345,350.92 $ 34,535.38 S 379,866.30 6431 4 ST 6300 ABLE 5T 1657 DANA CT 7693 ELM ST 7288 HIGHWAY 6& 381 IRONTON ST 170 MISSISSIPPI PL 1279 NORTON AVE 789.70 766.75 41.88 2].82 328A2 26.58 267.62 72.60 76.87 75.58 4.19 Y.79 32.84 5.66 28.76 7.28 848.67 771.33 46.08 30.71 36138 Y9.2{ 378.27 13.86 Sub Tofal Fi�al Biikd Accounfs S 1,650.38 S 165.04 S I,S15A2 Gnnd Total Aclives & Finals m CITY OF FRIDLEY AGENDAITEM CITY COUNCIL MEETING OF OCTOBER 24, 2011 TO: William W. Burns, City Manager��IF FROM: DATE: James Kosiuchar, Public Works Directo Layne Otteson, Assistant Public Works October 24, 2011 SUBJECT: Initiate 2012 Street Rehabilitation Project No. ST2012-01 PW 11-063 The attached resolution directs staff to prepare a feasibility report and initiate the design and plan preparation for the proposed 2012 Rehabilitation Project No. ST. 2012 — 01. The feasibility report will address the scope of the work in the Rice Creek Terrace East and West neighborhoods and several other streets in their general vicinity of the City. Total length of the project is 4.1 miles. Please refer to the attached Figure A. The Rice Creek Terrace neighborhoods are bound by Trunk Highway 47 and Trunk Highway 65 from Mississippi Street to the Rice Creek. The length of pavement resurfacing need is estimated at 3.8 miles. All streets have concrete curbing in place and the work will likely be a combination of asphalt reclaiming and utility spot repairs. Specific streets are being targeted within the neighborhood based on condition and maintenance requirements. Several other streets have been identified as rehabilitation candidates due to the condition of the pavement and comments received from the Public Works maintenance staff. The first street to be considered for renabilitation is Fourmies Avenue located just south of the Municipal Center. The length is estimated to be 0.15 miles. The second street under consideration is the Trunk Highway 65 Service Drive from 73`d Avenue southerly to the highway access at the railroad crossing. The iength is estimated to be 0.19 miles. Both streets have concrete curbing in place and the work will likely be a combination of asphalt reclaiming and utility spot repairs. These streets are included for consideration based on condition and proximity to the proposed neighborhood streets. The segments were selected based upon projected pavement maintenance needs, as well as the Pavement Condition Rating which indicates pavement structural and ride quality on a scale of 5(worst) to 35 (best). Rehabilitating the pavement under a planned program with proper 59 timing allows us to minimize costs of maintenance throughout the roadway segmenYs life cycle. Preparation of the feasibility report will allow staff to determine what construction is needed and can take place within the CIP budget. The feasibility report will provide a recommendation to the City Council on what construction should take place in 2012. As in 2011, we intend to prepare the draft feasibility report, and then move ahead with project open houses. With this sequence, we can obtain feedback from residents on candidate project segments and incorporate any concerns into the feasibility report before it is presented to the City Council. The public workshop for this project is tentatively scheduled for November 16th. The timing of this workshop serves to provide additional notice to affected residents and businesses of the project and projected assessments. In addition, it aliows staff more time for project development and design, allowing incorporation of scope changes, locai concerns, and adjustments relating to budget. The attached resolution orders the preparation of a feasibility report and preliminary plans for the project. The scope of the proposed report will address pavement, street improvements, water main, sanitary sewer, and storm sewer replacement. Staff recommends the City Council moves to adopt the attached resolution for the 2012 Street Rehabilitation Project No. ST 2012-01. JPKfjpk Attachments .� RESOLUTION NO. 2011 - A RESOLUTION ORDERING PREPARATION OF A PRELIMINARY REPORT AIVD PRELIMINARY PLANS AND SPECIFICATIONS FOR STREET REHABILITATION PROJECT NO. ST. 2012-01 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: That it appears in the interests of the City and of the property owners affected that there be constructed certain improvements to-wit: Street improvements, including milling, bituminous asphalt overlay, pavement reclamation, and utility repairs including street segments as follows: 4'h Street 6'h Street 7`" Street 66�' Avenue 67`h Avenue 68�' Avenue Clover Place Jefferson Street Monroe Street Rice Creek Terrace University Service Drive Washington Street Oakley Street Fourmies Avenue Trunk Highway 65 Service Dr 67`� Avenue to Rice Creek Terrace 67�' Avenue to Rice Creek Terrace 61 S` Avenue to approximately 300' north of 68`h Avenue University Service Drive to approximately 300' feet east of 7"' Street University Service Drive to Monroe Street Rice Creek Terrace to Washington Street Monroe Street to Jackson Street 67`h Avenue to approximately 500' north Mississippi Street to Rice Creek Terrace University Avenue to Brookview Drive 66�' Avenue to b7�` Avenue 67`� Avenue to approximately 300' north of 68`h Avenue Mississippi Street to 600' north University Service Drive to 5�' Street 73`d Avenue to 1000' south That the work involved in said improvements listed above shall hereafrer be designated as: STREET REHABILITATION PROJECT NO. ST 2012-01 2. That the Public Works Director, James P. Kosluchaz, City Hall, Fridley, MN, is hereby authorized and directed to draw the preliminary plans and specifications and to tabulate the results of his estimates of the costs of completion and all fees and expenses incurred (or to be incurred) in preliminary report of his finding stating therein whether said improvements aze feasible and whether they can best be made as proposed, or in connection with some other improvements (and the estimated costs as recommended), including also a description of the lands or area as may receive benefits there from and as may be proposed to be assessed. That said preliminary report of the Public Works Director shall be furnished to the City Council. 61 AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2011 CfiY OF FRIDLEY Date: October 17, 2011 � To: William Burns, City Manager� From: Scott Hickok, Community Development Director Julie lones, Planning Manager Stacy Stromberg, Planner Subject: Variance Request, VAR �i11-02, by Wayne Dahl, DC The petitioner, Dr. Dahl, is requesting approval from the City, to allow the construction of a new attached garage at his property which is located at 177 Hartman Circle. In order for staff to permit Dr. Dahl's construction plans, five variances will be required. 1. The first variance is to reduce the required setback from the ordinary high water level of the Mississippi River from 300 ft. to 78 ft. 2. The second variance is to reduce the required bluff setback from 40 ft. to il ft. 3. The third variance is to increase the size of a 1�` accessory structure from 1,000 sq. ft. to 1,900 sq. ft. 4. The fourth variance is to increase the size of all accessory structures on the property from 1,400 sq. ft. to 1,900 sq. ft. 5. The fifth variance is to in�rease the setback of an attached accessory structure located in front of the home from 5 ft. to 64 ft. The petitioner would like to construct a 1,900 sq. ft. garage on the north side of the house that will be attached to the house by a breezeway. The proposed garage would be 5 ft. from the north property line and 56 ft. from the front property line, which meets code requirements. The existing garage will be modified to living space and the existing shed will be removed. Due to the size and placement of the new accessory structure, five variances are being requested. The subject property is zoned R-1, Single Family. It is also located in the 0-1, Creek and River Protection District, in the O-2, Critical Area District and the O-7, Shoreland Overlay District. Therefore, all code requirements within those districts apply to this p�operty. Though a portion of the petitioner's lot is within the floodway, the proposed accessory structure location will not impact the floodway. 7he O-1 Overlay district was adopted in 1973 and the O-2 Overlay district was adopted in 1977 and as a result, the petitioner's previous building requests have had to comply with those requirements. The State mandated that cities adopt a Shoreland Overlay District and as a result, adoption of the City of Fridley's Shoreland Overlay district occurred in 2005. 63 The O-2, Critical Area District and the O-7, Shoreland Overlay District require that all structures be setback 100 ft. from the ordinary high water level from the Mississippi River. Those two sections of code also require that all structures be placed not less than 40 ft. from the top of the bluffline of the Mississippi River. • These requirements are in place to preserve bluff vegetation for natural habitat and to prevent erosion. The R-1, Single Family section of code requires a private garage as the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 sq. ft, • This is required to maintain the residential quality of a neighborhood by limiting the size of accessory structures and to prevent the accessory structure from dominating the size of the principai structure, which is the home. The R-1, Single Family section of code also requires that the combined total floor area of all accessory buildings not exceed 1,400 sq. ft. • This is required to also maintain the residential quality of a neighborhood by limiting the total square footage of accessory buildings, therefore allowing adequate room for open space and eliminating the overcrowding of the residential area. Lastly, the R-1 code requires that in no case may a garage extend more than 5 ft. in front of the home. • This requirement was put into place in 2000 with adoption of the code to reduce the front yard setback from 35 ft. 25 ft. The reason for this requirement is to prevent the garage from dominating the streetscape in Fridley. By limiting the garage addition to 5 feet in front of the house, the character of the neighborhood is not adversely changed by a protruding garage. APPEALS COMMISSION RECOMMENDATION At the October 5, 2011, Appeals Commission meeting, a public hearing was held for VAR #11-02. After receiving comments from the petitioner's representatives and the public, the Appeals Commission recommended denial of all 5 variance requests. THE MOTION CARRIED UNANIMOUSLY. PIANNING STAFF RECOMMENDATION City Staff recommends concurrence with the Appeals Commission. The findings of fact for denial of all five variances are as follows: • No practical difficulties exist on the site that would warrant further impacts to the ordinary high water mark setback and bluff setback. • No practica{ difficulties exist on the site that would warrant an accessory structure to be larger than the City code would require. • Impacts to the Natural Resources defined in the code and Comprehensive Plan — Mississippi River and Manomin Park • Impacts to the bluff vegetation and natural habitat • Impacts to the view of the Mississippi River from neighboring properties and the public right-of- way. • Other placement locations and structure size options exist on the property which wouldn't require variances. �� City of Fridley Land Use Application VAR #11-U2 October 5, 2011 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Wayne Dahl, DC 177 Hartman Circle Fridley MN 55432 Requested Action: 1. Variance reducing the setback from the ordinary high waterlevel 2. Variance reducing the setback from the 40 ft. setback from the bluff 3. Variance increasing the size of a 1" accessory structure 4. Variance increasing the size of all accessory structure on a property 5. Variance increasing the 5 ft. setback of an accessory structure in front of a home Existing Zoning: R-1(Single family Residential) Location: 177 Hartman Circle Lot Size: 42,688 sq. ft. .98 acres Existing Land Use: Single Family Home with attached garage and detached shed. Surrounding Land Use & Zoning: N: Single Family & R-1 E: Single Family & R-1 S: Rice Creek (dry bed) & Water and P W: Mississippi River & Water Comprehensive Plan Conformance: Comprehensive Plan designates this parcel as a single family land use Zoning Ordinance Conformance: 205.32.8.A.(2)and 205.28.S.C.(2) requires a 100 ft. sethack from the ordinary high water level. 205.32.S.A.(3) and 205.28.8.C.(1) requires a 40 ft. setback from the top of the bluff. 205.07.1.8.(1) requires that a first accessory building shall not exceed 100Y of the first floor area of the dwelling unit or a maximum of 1,000 sq. ft. 205.07.1.8.(2).�a) requires a combined total floor area of all accessory buildings not exceed 1,400 sq. k. 205.07.3.D.(1) requires that a garage not extend more than 5 ft. in front of the home. Zoning History: 1955 — Lot is platted. 1957 — House, garage and porch constructed. 1992 —Addition to the home and deck. 1994 — Variance approved to allow the construction of a shed. 1994 — Construction of shed. Legal Descriptiun of Property: Lot 20, elock 2, Sandhurst Addition Public Utilities: Home is connected. Transportation: Hartman Circle provides access to the property. Physical Characteristics: Large residential lot located along the Mississippi River and Rice Creek. SUMMARY OF PROJECT The petitioner, Dr. Dahl, is requesting to allow the construction of a new attached garage at his property which is located at 177 Hartman Circle. In order to achieve that, 5 variances will be required. 1. 7o reduce the setback from the ordinary high water level from 100 ft. to 78 ft. 2. To reduce the bluff setback from 40 ft. to 11 ft. 3. To increase the size of a 1" acces5ory structure from 1,000 sq. ft. to 1,900 sq. ft. 4. To increase the size of all accessory structures on the property from 1,400 sq. ft. to 1,900 sq. ft. 5. To increase the setback of an attached accessory structure located in front of the home from 5 ft. to 64 ft. SUMMARY OF HARDSHIP "My "plight" is I have a large home (1,900 sq. ft. first floorJ on a beautifull+ acre site adjoining the Mississippi River and Manomin County Pprk overlooking the Rice Creek trrbutary. 1 pay significant proper[y taxes to occupy this beautiful si[e, but I am discouraged from obtaining the highest and best use of my property because of the setback from the river and from a rear bluff, neither which were created by myself as landowner."— also see ottoched narrotive - Wayne Dahl, DC SUMMARY OF ANALYSIS Cify Staff recommends denia! of all variance requests. a No practical di�culties exist on site. 5 Potential impacts to Natural Resources; the Mississippi River and Monomin Park/Rice Creek ➢ Impacts to views of Ihe Mississippi River from neighboring properties and the public right-of-way ➢ Other placement locations and structure size options exist on the property CITY COUNCIL ACTION/ 60 DAY �DEADLINE City Council — October 24, 2011 60 Day — October 31, 2011 60 Day Extension — December 30, 2011 Report Prepared by: Stacy Stromberg VAR #11-02 RE UEST The petitioner, Dr. Dahl, is requesting approval from the City, to allow the construction of a new attached garage at his property which is located at 177 Hartman Circle. In order for staff to permit Dr. Dahl's construction plans, five variances will be required. 1. The first variance is to reduce the required setback from the ordinary high water level of the Mississippi River from 100 ft. to 78 ft. 2. The second variance is to reduce the required bluff setback from 40 ft. to 11 ft. 3. The third variance is to increase the size of a ln accessory structure from 1,000 sq. ft. to 1,900 sq. ft. 4. The fourth variance is to increase the size of all accessory structures on the property from 1,400 sq. ft. to 1,900 sq. ft. 5. The Ffth variance is to increase the setback of an attached accessory structure located in front of the home from 5 ft. to 64 ft. It should also be noted that the placement of existing house and garage are deficient in meeting the 100 ft. setbaek from the ordinary high water level from the Mississippi River and the 40 ft. biuff setback. As a result, the existing home is considering pre-existing non-conforming. In the event that the home was destroyed, it would be able to be re-built to the exact same footprint that exists today. Recognition of these non-conforming setbacks should be part of this variance request. SUMMARY OF HARDSHIP "My ' plight" is ! have a large home (1,900 sq. ft. first floorJ on a beautifu! 1+ ocre srte odjoining the Mississippi River ond Monomin County Park overlookrng the Rice Creek tributory. I pay significoni property taxes to occupy this beautifu! site, but ! am discouroged from obtaining the highest and best use of my property because of the setback from the river and from a rear bluff, neither which were created by myself as landowner."— also see attached norrotive SITE DESCRITPION AND HISTORY 7he property is zoned R-1, Single Family as are the properties to the north and east. The property is 6ordered by the Mississippi River to the west and Manomin Park and Rice Creek to the south. The property is located on Hartman Circle, which is accessed off of East River Road. The existing home was constructed in 1957. In 1990, the petitioner requested several variances to allow the construction of a 1,000 sq. ft. accessory structure on his lot. Those variances were to: 1j reduce the side yard setback from 5 ft. to 1 ft. , 2) to increase the altowable square footage of all accessory structure from 1,4D0 sq. ft. to 1,670 sq. ft., 3) to allow the construction of an accessory structure in the front yard, 4) to increase the allowed height of a fence in the front yard from 4 ft. to 7 ft., 5) to reduce the required setback from a bluff line overlooking the Mississippi River from 40 ft. to 22 ft. This variance was tahled indefinitely at the request of Dr. Dahl. An addition to the home and deck were constructed in 1992. That addition �. . Wayne Dahl, DC �' ,,,�„ �„ HE u y � �. � � � m m �f w°:,.� �„ � � � �. 1 involved the constructed of the four season porch on the southeast side of the home and reconstruction of the existing deck with an addition to it. In 1994, the City Council granted a variance to reduce the setback from the top of the bluffline overlooking the Mississippi River from 40 ft. to 1.5 ft., and to allow an accessory structure in the front yard, to allow the construction of an 8 ft. by 15 ft. storege shed. That shed was then constructed in 1994. The petitioner has met with City staff several times over the last year and a half to develop a plan that would allow the construction of a new accessory structure on the subject property that would meet code requirements. Although, staff has determined that it is feasible to construct a new accessory structure on this lot which meets code requirements, the petitioner has decided to seek variances instead. CODE REQUIREMENTS The subject property is zoned R-1, Single Family. It is also located in the O-1, Creek and River Protection District, in the O-2, Critical Area District and the O-7, Shoreland Overlay District. Therefore, all code requirements within those districts apply to this property. Though a portion of the petitioner's lot is within the fioodway, the proposed accessory structure location will not impact the floodway. The O-1 Overlay district was adopted in 1973 and the O-2 Overlay district was adopted in 1977 and as a result, the petitioner's previous building requests have had to comply with those requirements. The State mandated that cities adopt a Shoreland Overlay District a�d as a result, adoption of the City of Fridley's Shoreland Overlay district occurred in 2005. The O-2, Critical Area District and the O-7, Shoreland Overlay District require that all structures be setback 100 ft. from the ordinary high water level from the Mississippi River. Those two sections of code also require that all structures be placed not less than 40 ft. from the top of the bluffline of the Mississippi River. • These requirements are in place to preserve bluff vegetation for natural habitat and to prevent erosion. The R-1, Single Family section of code requires a private garage as the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 sq. ft. • This is required to maintain the residential quality of a neighborhood by limiting the size of accessory structures and to prevent the accessory structure from dominating the size of the principal structure, which is the home. The R-1, Single Family section of code also requires that the combined total floor area of all accessory buildings not exceed 1,400 sq. ft. • This is required to also maintain the residential quality of a neighborhood by limiting the total square footage of accessory buildings, therefore allowing adequate room for open space and eliminating the overcrowding of the residential area. Lastly, the R-1 code requires that in no case may a garege extend more than 5 ft. in front of the home. • This requirement was put into place in 2000 with adoption of the code to reduce the front yard setback from 35 ft. 25 ft. The reason for this requirement is to prevent the garage from dominating the streetscape in Fridley, ey limiting the garage addition to 5 feet in front of the house, the character of the neighborhood is not adversely changed by a protruding garage. 2 s% ANALYSIS The petitioner would like to construct a 1,900 sq. ft. garage on the north side of the house that will be attached to the house by a breezeway. The proposed garage would be 5 ft. from the north property line and 56 ft. from the front property line, which meets code requirements. The existing garage will be modified to living space and the existing shed wiil be removed. Due to the size and placement of the new accessory structure, five variances are being requested. �,. ,,.,; ;i � z .� , �,, r� t� a f.tt $ ;G_ n�' t x'� ;� � J � t ' } _- 4,' � .— v Proposed Structure - . .�. / � � iL Setback `_�� . ��. ,- . , f : i i _ a " + ; } � t� ♦ 3f � """��_ � 7 s B�u� � `^ : ,; �. ' �r + .f'� ,...' • V's� a � t / : _�. / �3 �t� `�vH ��'.^. ; � 4 3�t • , . ,„.. Setback ' � .� � ' , �� , `'..y^... f /f /�6'" � �`— _ _. . __ PRACTICIAL DIFFICULITES As the Commission is aware, recent changes in the State Legislature has somewhat changed how City's review variances. Instead of using the term "undue hardship", staff now needs to determine if "practical difficulties" exist before a variance can be granted. As a result, before the Commission shall grant a variance, it is the responsibility of the applicant to prove that if the variance is granted, it would be in harmony with the general purposes and intent of the ordinance and it is consistent with the comprehensive plan. It is also theirjob to prove that enforcement of the code would cause aractical difficu{ties to exist. Practical difficulties is a legal standard set forth in law that cities must apply when considering application for variances. It is a three-factor test that must be satisfied in order to grant a variance. Those three factors are: 1. The property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. 2. The property owner's problem is due to circumstances unique to the property not caused by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. . : City Staff has not been able to identify any practical difficulties, as defined by the law; that would allow staff to recommend anything but denial of this request. In reviewing the petitioner's request, staff applied the legal definition of prectical difficulties and developed the following analysis: 1. Variance — To reduce the setback from the ordinary high water level from 100 ft. to 78 ft. and 2. Variance —To reduce the required bluff setback from 40 ft. to il ft. •!s the variance in harmony wiYh the purpose and intent of ihe ordinance? o The purpose of the 300 ft. setback from the ordinary high level and the 40 ft. setback from the bluff line is to: 1) protect and preserve the Mississippi River, 2) prevent and mitigate irreversible damages to naturat resources, 3) preserve and enhance the natural, aesthetic, cultural, and historical values of the Mississippi River, 4) to protect and preserve the biological and ecological functions of the Mississippi Corridor. Constructing a garage that will further impact these required setbacks from the Mississippi River and the bluff line would not be in harmony with the purpose and intent ofthe ordinance. • Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore the use of the property is consistent with the Plan. However, the Natural Resources section of the Comprehensive Pian discusses the importance of protecting Fridley's natural environment which includes the Mississippi River and Manomim Park to the south of the subject property. One of the Natura� Resources polities within the Comprehensive Plan states "the Mississippi River is a prominent feature of Fridley and the River's health is important to Fridle�s vitality. The City should pursue clean water initiatives, including storm water public education and using plants in rain gardens and on lakeshores to filter storm water run- off." Further impacting the setbacks required in the Critical Area and Shoreland Overiays �ould disturb the natural topography, vegetation, and drainage along the River bluff that would overall impact the quality of the Mississippi River, which is a Natural Resource. Does the proposol put the p�operty to use in o reasonobfe manner? o The existing use of the property is considered reasonable, with the residential use of a house and garage, however, the proposed construction of a 1,900 sq. ft. accessory structure within the required setback from the ordinary high water level and bluff is unreasonab4e. The petitioner has the option to construct a 1,000 sq. ft. code complaint accessory structure on the east and south sides of the exiting house that wouldn't impact these setback requirements. Relocating the proposed accessory structure 69 4 would not further impact the already non-conforming setbacks and would still provide a large enough structure, the petitioner desires, to store/park vehicles. Are there unique circumstances [o the property, not created by the landowner? o The subject property is bordered by the Mississippi River and Manomin Park, which would be considered positive attributes to the property; however they are not unique or exclusive to this property. As pointed out above, other options do exist that would allow for the construction of a new accessory structure that would comply with code requirements. There is no unique terrein limiting the petitioner from locating the garage elsewhere on the property. Will the variance, if gran[ed, alter the essential character of the locality? o The purpose of the 100 ft. setback from the ordinary high water level and the 40 ft. setback from the bluff line is to protect and preserve the naturel amenity of the Mississippi River. Further impacting this setback could result in future slope erosion, which would impact the neighborhood and the surrounding community. 3. Variance — 7o increase the size of a 1" accessory structure from 1,000 sq. ft. to 1,900 sq. ft. •!s the variance in hormony with the purpose and intent of the ordinance? o City code requires that the 1" accessory structure not exceed 100�0 of the first floor area of the dwelling unit or a maximum of 1,000 sq. ft. The purpose of this section of code is to maintain a residential quality in a neighborhood. It is also required so that �iving space is the dominant feature of the home. The petitioner has articulated in his narrative that because his house is 1,900 sq. ft., Code would allow him to have a 1,900 sq. ft. accessory structure without a variance. StafYs interpretation of this section of code is that the 1" accessory structure can't exceed the square footage of the first floor area of a home or a maximum 1,000 sq. ft. (For example, if you have a 640 sq. ft. house, you would be limited to a maximum of 640 sq. ft. garage. If you have a 1,900 sq. ft. house, you would be allowed a maximum of 1,000 sq. ft. for a first accessory structure.) Staffreceived an opinion from the City Attorney that Staffisinterpreting the code correctly. Therefore, allowing a garege in excess of 1,�00 sq. ft. in size would require a variance and would not be in harmony with the ordinance. •!s the variance consistent with the Comprehensive Pfan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore the use of the property is consistent with the Plan. Does the proposol put the property to use in a reasonable manner? o The construction of a new code complaint 1,000 sq. ft. accessory structure would be considered reasonable. The average two-car garage is approximately 5QQ sq. ft. However, a 1,900 sq. ft. garage, placed in non-compliance with setback and size requirements, when other options exist on the site, would be considered unreasonable. Are there unique circumstonces to the property, not created by the londowner? o There are no unique circumstances on the subject property that would require an accessory structure larger than code would allow. The petitioner desire to have a larger than average accessory structure is not a unique condition related to the property. • Will the varionce, if granted, alter the essential character of the locality? o The public purpose of this code requirement is to help maintain a residential quality within the neighborhood. Constructing a 1,900 sq. ft. accessory structure essentially in %O 5 front of the petitioners home, will alter the character of the neighborhood. The 0-2, Critical Area ordi�ance specially states that the "development of new or the expansion of existing structures shaU be placed so that the development is consistent with the preservation of the view of the river corridor from other properties on both sides of the river and by the public. The waUing off of views of the river corridor from other properYies and pu4lrc right-of-woy shafJ be prohibited." Constructing the garage in the proposed location will impact the neighbors to the north at 173 Hartman Circle and will change the overail view of the subject property/neighborhood from the public right-of- way. 4. Variance — To increase the size of all accessory structures on the property from 1,400 sq. ft. to 1,900 sq. ft. • Js the variance in harmony with the purpose and rntent of the ordinance? o City code requires that the 1�` accessory structure not exceed the first floor area of the dwelling unit or a maximum of 1,000 sq. ft. in addition it states that the total of all accessory structures on a property shall not exceed 1,400 sq. ft. (FOr example, if the first occessory structure is 1,000 sq. ft., an additiono! 400 sq. ft. shed would be allowed.J This code is in place to maintain the residential quality of a neighborhood by limiting the total square footage of all accessory building, therefore allowing adequate room for open space and eliminate the condition of overcrowding the residential area. The petitioners desire to have a garage larger than code would allow is not in harmony with the code requirements. • Is tAe varrance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore the use of the property is consistent with the Plan. • Does the proposal put the property to use rn a reasonable manner? o Constructing one garage that is larger than the City code allows for all accessory structures on a single-family lot wouldn't be reasonable. As pointed out previously, options do exist on this site that would allow for construction of a new accessory structure that would be 1,000 sq. ft. in size, which would comply with code requirements and still allow for a 4 stall garage. • Are there unique circumstances to the property, not created by the landowner? o There are no unique circumstances on the subject property that would require a larger than code compliant garage. The petitioner's desire to have a larger than code complaint accessory structure is not a unique condition related to the property. • Will the variance, if granted, alter the essentia! character of the locality? o The public purpose of this code requirement is to maintain a residential quality within the neighborhood. Constructing a 1,900 sq. ft. garage in the front of the petitioner home, will alter the character of the neighborhood. The O-2, Critical Area ordinance specially states that the "development of new or the exponsion of existing structures shall be placed so that the development is consistent with the preservation of the view of the river corridor from other properties on both sides of the river and by the public. The walling off of views of the river corridor from oYher properties and public right-of- way shol! be prohibited." Constructing the garage of this size in the proposed location will definitely be impact views of the river for the neighbors to the north at 173 Hartman Circle and it will change the overall view of the subject property/neighborhood from the public right-of-way. 7� 6 5. Variance—To increase the setback of an attached accessory structure located in front of the home from 5 ft. to 64 ft. Is the varionce in harmony with the purpose and intent of the ordinance? o This requirement was put into place in 2000 with adoption of the code to reduce the front yard setback from 35 ft. 25 ft. The reduction in the front yard setback would allow property owners to construct an addition to the front of the home, but by limiting how far the garage can protrude in front of the home it will prevent the garage from dominating the streetscape in Fridley. The charecter of the neighborhood would also be adversely changed by a protruding ga�age. The proposed garage will protrude 64 ft. in front of the home, which will dominate the streetscape from Hartman Circle, therefore not meeting the intent of this ordinance. Is the variance consisteni wrih the Comprehensive Plan? The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore the use of the property is consistent with the Plan. • Does the proposa! put the property to use in a reasonoble manner? o The existing garege, which was constructed in 1957, would be considered pre-existing conforming, because it extends in front of the home 6y more than 5 ft. To further allow the garege to extend into the front yard would be in direct contrast to what the City was trying to accomplish when adopting this section of code. Though the proposed accessory structure would be 56 ft. from the front property line, permitti�g it to be constructed as proposed is exactly what this code section is trying to avoid; allowing the garage to domi�ate the view from the public right-of-way. Are there unique circumstances to the property, noY created by the landowner? o Again, no unique circumstances exist on this property what would allow a garage to be placed this far in front of the home, because other options do exist on this property. Moving the proposed accessory structure to the east side of the home would potentially still require the structure to be located in front of the home, however a reduction in the size of the structure and creative architecture through the use of a walkway and roof extension or pergola, could eliminate the need for this type of variance. • Will the variance, rf granted, alter the essentrol character of the locality? o The reason for this requirement is to prevent the garage from dominating the streetscape in Fridley. Granting a variance to allow the accessory structure to protrude 64 ft. in front of the home will definitely change the overall character of the neighborhood and the surrounding community. In summary, the analysis above explains why staff recommends denial of each variance request. It is the City's job to protect the natural resources that the City of Fridley has to offer, and allowing a structure like the one proposed to 6e constructed that will further impacts required Critical Area and Shoreland setbacks doesn't help protect that resource. There it too much potential for disturbance and alteration to the topography, vegetation and drainage by allowing the construction of the proposed accessory structure within the required seibacks. There will also be visual impacts from the river, �eighboring properties and the public right-of-way. Practical difficulties don't exist when it comes to allowing a structure to be constructed that is larger than what code would allow. Tfie petitioners desire to have a larger accessory structure than code would allow is not a practical difficulty. %2 COMMENTS FROM THE DEPARTMENT OF NATURAL RESOURCES (DNR) City staff asked the DNR to offer their opinion on the petitioner's variance request in relation to the potential impacts to the ordinary high water level setback and bluff setback. The e-mail they sent is attached for your review. Though they didn't offer a conclusive recommendation, they did question why the structure couldn't be moved outside the ordinary high water level setback and bluff setback in its current configuration or reduced in size to meet setback requirements. They also expressed the need to consider whether the size of the proposed development could disturb or alter the natural topography, vegetation, and dreinage and impacts to the visual character of the river corridor. Lastly, they inquired about the amount of hard surface the proposed structure would put on the site, which may detract from the naturel characte� and ecological function of the river bluff system and increase runoff that can lead to slope instability, erosion, and sedimentation. NEIGHBORHOOD COMMENTS Staff heard from the neighbor at 173 Hartman CircVe, who is directly north of the subject property. He's not in favor of the proposed variances. He is concerned about the placement of the proposed structure and the potential impacts it will have on his property. RECOMMENDATIONS City Staff recommends denial of all variance requests. • No practical difficulties exist on site • Potential impacts to Natural Resources; the Mississippi River and Monomin Park/Rice Creek • Impacts to views of the Mississippi River from neighboring properties and the public right-of- way • Other placement locations and structure size options exist on the property 73 CITY OF FRIDLEY APPEALS COMMISSION MEETING October 5, 2011 CALL TO ORDER: Chairperson Sielaff called the Appeals Commission meeting to order at 7:01 p.m. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Del Jenkins Christopher Anderson Brad Sielaff BlaineJones Scott Hickok, Communiry Development Director Stacy Stromberg, Planner APPROVAL OF MINUTES: July 6, Z011 MOTION by Commissioner Jenkins, seconded by Commissioner Anderson, to approve the minutes. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. PUBLIC HEARING: 1. Consideration of a Variance, VAR #11-02, by Wayne Dahl, DC, generally located at 177 Hartman Circle. Five variances are required in order ta allow the construction of a new garage. 1. Variance reducina the setback from t6e ordioarv hie6 water level from 100 feet to 78 feet. 2. Variance reducine the bluff setback from the 40 feet to 11 feet. 3. Variance increasine t6e size of a 1" accessorv structure from 1,000 suuare feet to 1,900 sauare feet. 4. Variance increasina the size of all accessorv structure on a oropertv from 1,400 sauare feet to 1,900 snuare feet. 5. Variance increasine the setback of an attached accessorv structure located in front of a 6ome from 5 feet to 64 feet. MOTION by Commissioner Jenkins to open the public hearing. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING WAS OPENED AT 7:03 P.M. 1 74 Appeals Commission Meeting Qctober 5, 2011 Page 2 of 18 Stacy Stromberg, City Planner, stated the petitioner, Dr. Dahl, is requesting approval from the City, to allow the construction of a new attached garage at his property located at 177 Harhnan Circle. In order for staffto permit Dr. Dahl's construction plans, five variances will be required. 1. The first variance is to reduce the required setback from the ordinary high water level of the Mississippi River from ] 00 feet to �8 feet. 2. The second variance is to reduce the required bluff setback from 40 feet to 11 feet. 3. The third variance is to increase the size of a ls' accessory structure from I,000 square feet to 1,900 square feet. 4. The fourth variance is to increase the size of all accessory structures on the property from 1,400 square feet to 1,900 square feet. 5. The fifrh variance is to increase the setback of an attached accessory structure located in front of the home from 5 feet to 64 feet. Ms. Stromberg stated it should also be noted that the placement of existing house and garage are deficient in meeting the 100-foot setback from the ordinary high water level from the Mississippi River and the 40-foot bluff setback. As a result the existing home is considering pre-existing non-conforming, In the event the home was destroyed, it would be able to be re-built to the exact same footprint that exists today. Recognition of these non-conforming setbacks should be part of this variance request. Ms. Stromberg stated petitioner's statement of hazdship reads: "My `plighY is I have a large home (1,900 square foot first floor) on a beautiful 1+ acre site adjoining the Mississippi River and Manomin County Park overlooking the Rice Creek tributary. I pay significant property ta�ces to occupy this beautiful site, but [ am discouraged from obtaining the highest and best use of my property because of the setback from the river and from a rear bluff, neither which were created by myself as landowner." Ms. Stromberg stated the property is wned R-1, Single Family as are the properties to the north and east, The property is bordered by the Mississippi River to the west and Manomin Park and Rice Creek to the south. The property is located on Hartman Circle, which is accessed off of East River Road. The existing home was constructed in 1957. In 1990 the petitioner requested several variances to allow the construction of a 1,000 square foot accessory structure on his lot. Those variances were to: (1) reduce the side yard setback from 5 feet to 1 feet; (2) to increase the allowable squaze footage of aU accessory structure from 1,400 square feet to 1,670 square feet; (3) to allow the construction of an accessory structure in the front yard; (4) to increase the allowed height of a fence in the front yard from 4 feet to 7 feet; and (5) to reduce the required setback from a bluff line overlooking the Mississippi River from 40 feet to 22 feet. This variance was tabled indefinitely at the request of Dr. Dahl. Ms. Stromberg stated an addition to the home and deck were constructed in 1992. That addition involved the construction of the four-season porch on the southeast side of the home and reconstruction of the existing deck with an addition to it. In 1994 the City Council granted a variance to reduce the setback from the top of the bluff line overlooking the Mississippi River from 40 feet to 1.5 feet, and to allow an accessory structure in the front yard, to allow the construction of an 8-foot by 15-foot storage shed. That shed was then constructed in 1994. Ms. Stromberg stated the petitioner has met with City staff several times over the last year and a half to develop a plan that would allow the construction of a new accessory structure on the subject property that would meet Code requirements. Although staff has determined it is feasible to construct a new accessoty structure on this lot which meets Code requirements, the petitioner has decided to seek variances instead. z75 Appeals Commission Meeting October 5, 2011 Page 3 of 18 Ms. Stromberg stated the subject property is zoned R-1, Single Family. It is also located in the O-1 (Creek and River Protection District), in the O-2 (Critical Area District), and the O-7 (Shoreland Overlay District). Therefore, all Code requirements within those districts apply to this property. Though a portion of the petitioner's lot is within the floodway, the proposed accessory shvcture location will not impact the floodway. The O-1 Overlay district was adopted in 1973 and the O-2 Overlay district was adopted in 1977 and, as a result, the petitioner's previous building requests have had to comply with those requirements. The State mandated that cities adopt a Shoreland Overlay District and, as a result, adoption of the City of Fridley's Shoreland Overlay district occurred in 2005. Ms. Stromberg stated the O-2, Critical Area District and the O-7, Shoreland Overlay District require that all structures be set back 100 feet from the ordinary high water level from the Mississippi River. Those two sections of Code also require that all structures be placed not less than 40 feet from the top of the bluff line of the Mississippi River. • These requirements are in place to preserve bluff vegetation for natural habitat and to prevent erosion. Ms. Stromberg stated the R-1, Single Family section of Code requires a private garage as the first accessory building. It shall not exceed 100 percent of the first floor area of the dwelling unit or a maximum of 1,000 square feet. • This is required to maintain the residential quality of a neighborhood by limiting the size of accessory structures and to prevent the accessory structure from dominating the size of the principal structure, which is the home. Ms. Stromberg stated the R-1, Single Family section of Code also requires that the combined total floor area of all accessory buildings not exceed 1,400 square feet. • This is required to also maintain the residential qualiTy of a neighborhood by limiting the total square footage of accessory buildings, therefore, allowing adequate room for open space and eliminating the overcrowding of the residential area. Ms. Stromberg stated, lasUy, the R-1 code requires that in no case may a garage extend more than 5 feet in front of the home. • This requirement was put into place in 2000 with adoption of the Code to reduce the front yard setback from 35 feet to 25 feet. The reason for this requirement is to prevent the garage from dominating the streetscape in Fridley. By limiting the garage addition to 5 feet in front of the house, the character of the neighborhood is not adversely changed by a protruding garage. Ms. Stromberg stated the petitioner would like to construct a 1,900 square foot garage on the north side of the house that will be attached to the house by a breezeway. The proposed garage would be 5 feet from the north property line and 56 feet from the front property line, which meets Code requirements. The existing garage will be modified to living space, and the existing shed will be removed. Because of the size and placement of the new accessory strucmre, five variances aze being requested. Scott Hickok, Community Development Director, stated as the Commission is aware, recent changes in the State Legislature have somewhat changed how cities review variances. Instead of using the term, "undue hardship," staff now needs to determine if "practical difficulties" exist before a variance can be granted. As a result, before the Commission shall grant a variance, it is the responsi6ility of the applicant to prove that if the variance is granted, it would be in harmony with the general purposes and intent of the ordinance and is consistent with the comprehensive plan. It is also their job to prove that enforcement of �s Appeals Commission Meeting October 5, 2011 Page 4 of 18 the Code would cause practical difficulties to exist. Practical difficulties is a legal standard set forth in law that cities must apply when considering application for variances. It is a three-factar test that must be satisfied in order to grant a variance. Those three factors are: 1. The property owner proposes to use the property in a reasonable manner but cannot do so under the rules of the ordinance. 2. The property owner's problem is because of circumstances unique to the property not caused by the landowner. 3. The variance, if granted, will not alter the essential character of the localiTy. Mr. Hickok stated City staff has not been able to identify any practical difficulties, as defined by the law; that would allow staff to recommend anything but denial of this request. Ms. Stromberg stated in reviewing the petitioner's request, staff applied the legal definition of practical difficulties and developed the following analysis: Variance — To reduce the setback from the ordinary high water level from 100 feet to 78 feet and Variance — To reduce the required bluff setback from 40 feet to ll feet. • /s the variance in harmony with the purpose and intent of the ordinance? o The purpose of the 100-foot setback from the ordinaty high level and the 40-foot setback from the bluff line is to: (1) protect and preserve the Mississippi River; (2) prevent and mitigate irreversible damages to natural resources, (3) preserve and enhance the natural, aesthetiq cultural, and historical values of the Mississippi Rive; and (4) protect and preserve the biological and ewlogical functions of the Mississippi Corridor. Constructing a gazage that will further impact these required setbacks from the Mississippi River and the bluff line would not be in harmony with the purpose and intent of the ordinance. • Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used. Therefore, the use of the property is consistent with the Plan. However, the Natural Resources section of the Comprehensive Plan discusses the importance of protecting Fridley's natural environment which includes the Mississippi River and Manomin Park to the south of the subject property. One of the Natural Resources policies within the Comprehensive Plan states, "the Mississippi River is a prominent feature of Fridley, and the River's health is important to Fridley's vitality. The City should pursue clean water initiatives, including storm water public education and using plants in rain gardens and on lakeshores to filter storm water run-off." Further impacting the setbacks required in the Critical Area and Shoreland Overlays could disturb the natural topography, vegetation, and drainage along the River bluff that would overall impact the quality of the Mississippi River, which is a Natural Resource. • Does the proposal put the property do use in a reasonable manner? o The existing use of the property is considered reasonable, with the residential use of a house and garage. However, the proposed construction of a 1,900 square foot accessory structure within the required setback from the ordinary high water level and bluff is unreasonable. The petitioner has the option to construct a 1,000 square foot Code compliant accessory strucmre on the east and south sides of the existing house that would not impact these setback requirements. Relocating the proposed accessory �7 Appeals Commission Meeting October 5, 2011 Page 5 of 18 structure would not further impactthe already non-conforming setbacks and would still provide a large enough structure in which the petitioner desires to store/park vehicles. • Are there unique circumstances to the property, not created by the landowner? o The subject property is bordered by the Mississippi River and Manomin Park, which would be considered positive attributes to the property; however, they are not unique or exclusive to this property. As pointed out above, other options do exist that would allow for the construction of a new accessory structure that would comply with code requirements. There is no unique terrain limiting the petitioner from locating the garage elsewhere on the property. • Wrll the variance, rf granted, alter the essential character of the localrty? o The purpose ofthe ]00-foot setback from the ordinary high water level and the 40-foot setback from the bluff line is to protect and preserve the natural ameniry of the Mississippi River. Further impacting this setback could result in future slope erosion, which would impact the neighborhood and the surrounding community. 3. Variance — To increase the size of a 1�` accessoty structure from 1,000 square feet to 1,900 square feet. • Is the variance in harmony with the purpose and intent of the ordinance? o City Code requires that the ls' accessory structure not exceed 100 percent ofthe first floor area of the dwelling unit or a ma�cimum of 1,000 square feet. The purpose of this section of Code is to maintain a residential qualiry in a neighborhood. It is also required so that living space is the dominant feature of the home. The petitioner has articulated in his narrative that because his house is 1,900 square feet, Code would allow him to have a 1,900 square foot accessory structure without a vaziance. Staff's interpretation of this section of Code is that the 151 accessory structure cannot exceed the square footage of the first floor area of a home or a ma�cimum 1,000 square feet. (For e�mple, if you have a 640 square foot house, you would be limited to a maximum of a 640 square foot garage. If you have a 1,900 square foot house, you would be allowed a maximum of 1,000 square feet for a first accessory structureJ Staff received an opinion from the City Attomey that staff is interpreting the Code correctly. Therefore, allowing a garage in excess of 1,000 square feet in siae would require a variance and would not be in harmony with the ordinance. • Is the variance consistent wrth the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore, the use of the property is consistent with the Plan. • Does the proposal put the property to use in a reasonabte manner? o The construction of a new Code complaint I,000 square foot accessory structure would be considered reasonable. The average two-car garage is approximately 500 square feet. However, a 1,900 square foot garage, placed in non-compliance with setback and size requirements, when other options exist on the site, would be considered unreasonable. • Are there unique circumstances to the property, not created by the landowner? o There are no unique circumstances on the su6ject property thak would require an accessory structure larger than Code would allow. The petitioner desiring to have a larger than average accessory structure is not a unique condition related to the property. • Will the variance, afgranted, alter the essentral character of the locality? o The public purpose of this Code requirement is to help maintain a residential quality within the neighborhood. Constructing a 1,900 square foot aceessory structure � Appeals Commission Meeting October 5, 2011 Page 6 of 18 essentially in front of the petitioner's home will alter the character of the neighborhood. The O-2, Critical Area ordinance specially states that the "development of new or the expansion of existing structures shaA be placed so that the development is consrstent with the preservadian of the view of the river corridor from other properties on both sides of the river and by the public. The wa!ling off of views of the river corridor from orher properties and public rrght-of-way shaU be prohibited. " Constructing the garage in the proposed location will impact the neighbors to the north at 173 Hartman Circle and will change the overall view of the subject property/neighborhood from the public right-of- way. 4. Variance — To increase the size of all accessory structures on the property from 1,400 square feet to 1,900 square feet. • Is the variance in harmony with the purpose and intent of the ordinance? o City Code requires that the ls' accessory structure not exceed the first floor area of the dwelling unit or a maximum of 1,000 squaze feet In addition it states that the total of all accessory structures on a property shall not exceed 1,400 square feet. (For example, if the first accessory structure is 1,000 square feet, an additional 400 square foot shed would be adlowed.) This Code is in place to maintain the residential quality of a neighborhood by limiting the total square footage of all accessory building, therefore, allowing adequate room for open space and eliminate the condition of overcrowding the residential area. The petitioner's desire to have a garage larger than Code would allow is not in harmony with the Code requirements. • Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore, the use of the property is consistent with the Plan. • Does the proposal put dhe properry to use in a reasonable manner? o Constructing one garage that is larger than the City Code allows for all accessory structures on a single-family lot would not be reasonable. As pointed out previously, options do exist on this site that would allow for construction of a new accessory structure that would be 1,000 squaze feet in size, which would comply with code requirements and still allow for a four-stall garage. • Are there unrque circumstances to the properry, not created by the landowner? o There are no unique circumstances on the subject property that would require a larger than Code compliant garage. The petitioner's desi�e to have a larger than Code compliant accessory structure is not a unique condition related to the property. • Will the variance, if granted, alter Ihe essentral character of the locality? o The public purpose of this Code requirement is to maintain a residential quality within the neighborhood. Constructing a 1,900 square foot garage in the front of the petitioner's home will alter the chazacter of the neighborhood. The O-2, Critical Area ordinance specially states that the "development of new or the expansion of existing structures sha11 be placed so that the development rs consistent with the preservation of the view of the river corridor from other properties on both sides of the river and by the public. The walling off of views of the river corridar from other properties and public right-of-way shall be prohibited. ° Constructing the gazage of this size in the proposed location wi{I definitely impact views of the river for the neighbors to the north at 173 Hartman Circle, and it will change the overall view of the subject property/neighborhood from the public right-of-way. l�' � Appeals Commission Meeting October 5, 2011 Page 7 of 18 5. Variance — To increase the setback of an attached accessory structure located in front of the home from 5 feet to 64 feet. • Is the variance in harmony with the purpose and intent of the ordinance? o This requirement was put into place in 2000 with adoption of the Code to reduce the front yard setback from 35 feet to 25 feet. The reduction in the front yard setback would allow property owners to construct an addition to the front of the home, but by limiting how far the garage can protrude in front of the home it will prevent the garage from dominating the streetscape in Fridley. The character of the neighborhood would also be adversely changed by a protruding garage. The proposed gazage will protrude 64 feet in front of the home, which will dominate the streetscape from Hartman Circle, therefore, not meeting the intent of this ordinance. • Is the variance consistent with the Comprehensive Plan? o The Comprehensive Plan guides this property as residential, which is how the property is being used and will continue to be used; therefore, the use of the property is consistent with the Plan. • Does the proposal put the properry to use in a reasonable manner? o The existing garage, which was constructed in 1957, would be considered pre-existing conforming, because it e7ctends in front of the home by more than 5 feet. To further allow the garage to extend into the front yard would be in direct co�trast to what the City was trying to accomplish when adopting this section of code. Though the proposed accessory structure would be 56 feet from the front property line, permitting it to be constructed as proposed is exactly what this Code section is trying to avoid; allowing the garage to dominate the view from the public right-of-way. • Are there unique crrcumstances to the property, not created by the landowner? o Again, no unique circumstances exist on this property what would allow a garage to be placed this far in front of the home, because other options do exist on this property. Moving the proposed accessory structure to the east side of the home would potentially still require the structure to be located in front of the home; however, a reduction in the size of the structure and creative architecture through the use of a walkway and roof extension or pergola could eliminate the need for this type of variance. • Will the variance, if granted, alter the essential character of the locatrty? o The reason for this requirement is to prevent the garage from dominating the streetscape in Fridley. Granting a variance to allow the accessory structure to protrude 64 feet in front of the home will definitely change the overall character of the neighborhood and the surrounding community. Ms. Stromberg stated, in summary, the analysis above explains why staff recommends denial of each variance request. It is the City's job to protect the natural resources the City of Fridley has to offer, and allowing a structure like the one proposed to be constructed that will further impact required Critical Area and Shoreland set6acks does not help protect that resource. There is too much potential for disturbance and alteration to the topography, vegetation, and drainage by allowing the construction of the proposed accessory structure within the required setbacks. There will also be visual impacts from the river, neighboring properties, and the public right-of-way. Ms. Stromberg stated practical difticulties do not exist when it comes to allowing a structure to be constructed that is larger than what Code would allow. The petitioner's desire to have a larger accessory structure than Code would allow is not a practical difficulty. �� Appeals Commission Meeting October S, 2011 Page 8 of 18 Ms. Stromberg stated City staff asked the DNR to offer their opinion on the petitioner's variance request in relation to the potential impacts to the ordinary high water level setback and bluff setback and an e- mail they sent is attached for the Commission's review. Though they did not offer a conclusive recommendation, they did question why the structure could not be moved outside the ordinary high water level setback and bluff setback in its current configuration or reduced in size to meet setback requirements. They also expressed the need to consider whether the size of the proposed development could disturb or alter the natural topogaphy, vegetation, and drainage and impacts to the visual character of the river corridor. Lastly, they inquired about the amount of hard surface the proposed structure would put on the site, which may detract from the natural character and ecologica] function of the river bluff system and increase runoffthat can lead to slope instability, erosion, and sedimentation. Ms. Stromberg stated staff heard from the neighbor at 173 Hartman Circle, who is directly north of the subject property. He is not in favor of the proposed variances. He is concerned about the placement of the proposed structure and the potential impacts it will have on his property. Ms. Stromberg stated City Staff recommends denial of all variance requests because of the following: • No practical difticulties exist on site; • Potential impacts to Natural Resources, the Mississippi River, and Manomin Park/Rice Creek; • Impacts to views of the Mississippi River from neighboring properties and the public right-of- way; and • Other placement locations and structure size options exist on the property. Commissioner Jenkins asked what exactly is an ordinary high water level table? Mr. Hickok replied, ordinary high water mark is the level in which the DNR uses and, because the water fluctuates as it does, the ordinary high water mark is often used as the measurement point to gain distances for structures from the waterway. Chairperson Sielaff referred to the map showing the ordinary high water setback and the bluff setback, if the buildings were to meet that setback they would be in compliance? Ms. Stromberg replied, correct. Commissioner Anderson asked, in Ms. Stromberg's response to Variance No. 5, she had referenced that if the garage were on the east side, that a non-conformiry potentially could occur, but she does state that with a reduction in size of the structure and creative architecture, the use of walkway extension or a pergola, it would eliminate the need for this type of variance. He asked if staff would explain why it would work for that side possibly but not for the other side. Mr. Hickok showed a sketch which takes them back to the first of many discussions staff had with the petitioner regarding potential options for this site. Early on there were a couple of different ones. One they suggested was if the existing garage were to be used as a garage, and it has a dimension of 576 square feet then, if the petitioner were to construct a new garage of no more than 775 square feet, they could connect it thereby not having a freestanding structure in front of the home. This would minimize the number of variances they would need. This would take the structure back away from the ordinary high water mark. It would take the new swcture back away from the 40-foot setback from the bluff line, and it would limit the number of necessary variances. [t would also reduce the number of variances by virtue of not having a 1,900 square foot request before them but instead having the proper amount of � Appeals Commission Meeting October 5, 2011 Page 9 of 18 square feet allowed by code. There would be faz less variances, far less impact, and would certainly help the sight lines of the adjacent northern property. Staff felt this was an important option to discuss. Mr. Hickok stated they also discussed the potential of putting a garage along that eastern side. That garage kind of creates a courryard in front of the house. The petitioner talked about changing the existing garage to living area which then means that new garage could exist and really not be in front of the house, if iYs to the house. It could be set so it met setbacks and would not further impose on the 40-foot bluff line, and this would have been a solution that really could be built. The petitioner did express concern about the sight lines of the property to the east and, astutely so, this does have more impact on the sight lines to the property to the east but does reduce the number of variances on this site. Essentially taking it away tojust a building permit issue as opposed to requiring variances at all. Commissioner Anderson stated ultimately if the existing garage were to be converted to living space that would become the front of the house. Whatever point is closest to the street. Mr. Aickok replied, that is corcect. C6airperson Sielaff stated this is part of the Mississippi critical area. He asked whether these requirements are adopted by the Code from that designation? That is a federal designation is it not? Ms. Stromberg replied, yes, it is and the City adopts those regulations and puts those into our Code as an overlay district. Mr. Hickok stated also in the City's Comprehensive Plan it is committed to protecting those regulations and, as mentioned, this is consistent along the entire river corridor from here to the Gulf of Mexico. Carry Lyons, Architect, stated he is the architect working with Mr. Dahl. He assumed the Commission had a chance to review the architectural plans and elevations. The City is very much about maintaining the residential integriry and chazacter, and that is exactly what Dr. Dahl is intending to do. He has tried to incorporate into the design of this facility all the same scale and proportion that exists in the existing facility. With the use of a number of defending planes it would mitigate the impact visually from Hartman Cirole. Using all the same materials and trying to mitigate the effect of the overhead doors to the extent they may even be viewed as rypical residential doors. The proportion and the scale are going to be in keeping in character with the existing structure and developing that same feel. Dr. Dahl is proposing extensive planting between the border between his property and Hartman Circle. There is quite a distinction made in the ordinance between living space and garage space. In most cases that is pretty obvious. In this case this garage will be fully outfitted as though it wece living space with finished interior surface, vaulted ceilings, heated, air conditioned. The distinction between the two he would submit is very slight between living space/garage space. He appreciates it is the Commission's responsibility to safeguazd the communiry against agricultural buildings, metal buildings, corrugated metal, etc. As they can see that is not anywhere near Mr. Dahl's intent. Mr. Lyons stated the property is already 46,000 square feet. The City would allow a 1,000 square foot garage on a 9,000 square foot property. Actually it allows it on a 7,500 square foot property prior to 59 or somewhere in that category. As far as maintaining or overcrowding the residential area, he cannot see that would be directly applicable. He would like to suggest it be reviewed on its merits of circulation, architectural integrity, and connectiveness with Mr. DahPs property rather than the somewhat arbitrary m Appeals Commission Meeting October 5, 2011 Page 10 of 18 issue of it does not meet this specific requirement as stated in the ordinance that the Commission has been empowered to make judgments about, make appeals about, to maintain the residential character. Mr. Lyons stated he also appreciates that the Commission may be approached after the fact and be asked, how could you possibly allow five variances on a project like that? He would say it was practical. The property is unusual. It is located in an unusual place. It should not be held to the standards of the lowest common denominator of the communiry. Practical difficulties — that is of course something under "hardship." These are terms that have to be put in there because you do not want people just doing what they want. Does this really appear it is contrary to the intent of a residential community development? It is bigger than usual. It will house these magnificent vehicles. It will actually have windows on the end so people can actually enjoy viewing these vehicles. He would submit that these are museum-quality vehicles and, if indeed the Dr. set up a museum and allowed it for public viewing, it would be well received by the community rather than shunned stating what an eyesore, how could they possibly allow a 1,900 square foot monstrosity in our neighborhood? He does not work to present something he does not believe in. Mr. Lyons stated it is true there were various options to look at on this site for locating the garage. [n his opinion they did not work nearly as well, in terms of character, circulations, scale, and appropriateness. One of the largest complaints, if you were to locate to the east as was suggested, that would eliminate or severely impede the neighbor to the east of any view of the Mississippi River. He also appreciates there could be ways to reorganize the drive, reorganize the entire front yard. They explored those options, and none of them made visual and as complete comprehensive sense as just locating along the western edge, wrapping it as it does, to fulfill and complement the existing home. Mr. Lyons stated a number of the variances associated with the request have to do with front yard setbacks. Again, the property is unique just like the remainder of the river front property. What is the front yard? Is really the approach from Hartman the front yard in this case? He submits the river is really the front yard and that is pretty evident the way people use the riverside of their homes. How it is advertised in real estate brcehures. Is the variance encroaching the front yard? Yes, it is encroaching the front yard if the principal yard is only the consideration. However, if indeed the garage and the home are really one expression, not just a separate agri building, is it really an encroachment then? The suggestion staff made was to build onto the east side of the house and that is perfectly acceptable because it meets those requirements of sustaining the ] 00 feet and the 40 feet, but it does not work with the architecture or the circulation of the property. They are trying desperately to fit with the architecture but not be slavish to this somewhat azbitrary setbacks. Mr. Lyons stated he understands it is heinous to refer to these as somewhat arbitrary setbacks and requirements, but the fact of the matter is those setbacks and requirements have been infringed upon numerous times up and down the riverfront. Why does this become the time when it becomes a real issue? If it is construed so the architecture is pleasant enough to be not necessarily a garage, then indeed there is no setback infringement on the front yard at all. Mr. Lyons referred to the case of the Frank Loyd Wright house in Pennsylvania which went completely against Mr. Wright's usual concem for the natural environment and built the home on the falls rather than down in the lower area and viewing the falls. Mr. Wright realized the opportunity there. He brings this up as a little bit of interest to know that this particular facility, not by Mr. Lyons' measure, is considered to be the most recogniaed piece of architecture in the world and, if not in the world, then certainly the United States. It is right on the bluff, hanging over the waterfall. i�3 Appeals Commission Meeting October 5, 2011 Page 11 of 18 Commissioner Jenkins stated what Mr. Lyons is proposing is absolutely beautiful. Mr. Lyans stated Dr. Dahl has committed to anything the City requests in terms of materials or presentation of the architecture he is more than amenable to that; but he is certainly desirous of that location. Commissioner Anderson asked Mr, Lyons if he had explored the process of pushing the entire structure towards the street to at Ieast eliminate some of the variance requirements? Mr. Lyons replied, they did a number of times and the interest of making the connection to the non- conforming, and he does not remember the exact rules and regulations; but he believed it was stressed they wanted to make a connection. He does know it tends to flow better with the architecture of the house and the garage if their proximity is about what is being proposed. Commissioner Anderson stated in looking at the survey, is he reading it correctly that essentially that it is encroaching into the setback that is furthest up in the yard by 29 feet? On the south side it looks like it is 22.7? Ms. Stromberg replied, 29 ft. from the bluff setback and 22 ft. from the ordinary high water level setback. RobeM Christenson, Business Manager and Consultant for Dr. Dahl, stated Dr. Dahl has been his client for five and one-half years. His family has been in Fridley for 100 years, he has been on City commissions, he managed the Chamber of Commerce, has been President of the Historical Society for seven or eight years, and has owned businesses in Fridley. He agreed to look at this situation for Dr. Dahl and has had a number of ineetings with Scott Hickok and Stacy Stromberg about this. He looks at Fridley as one of the unique cities in Anoka County. Up until about two years ago from the 1950's it had the largest tax valuation in Anoka County. His father served on the Beautification Commission, and they really want to keep this Ciry as a leader in the county and that means both by beautification but also in protecting habitat and environmental issues. Mn Christensan stated when he heard about this and what Dr. Dahl explained the project to him, he made a trip over to the DNR. The Commission has a letter in their packet that was submitted by Kate Drewry. Mr. Christenson went and met with her and asked her about this. He asked how dces the DNR look at these types of situations and gave her the specifications as the Community Development did. She said she cannot give him an opinion on a specific case. Mr. Christenson asked what has been the history of this with other properties? She said the DNR only actively becomes involved in enforcing its regulations when it is a very egregious offense and where there has been people taking action without getting prior approval to do what they are doing. Mr. Christenson also asked Ms. Drewry how many cases have they actually talcen action on in the past few years, and she replied there has only been two. Mc Christenson told her that is quite extraordinary, and she said you have to look at it this way, they write very strong emironmenta] regulations but have to be arbitrary when they write them because every case is going to be different and they go to the conservative side. That Ieaves room for local municipalities to look at the situation and make their determination, and they rarely ever override a local decision. ;� Appeals Commission Meeting October 5, 2011 Page 12 of 18 Mr. Christenson stated for example, one of the concerns is habitat. The only things right now on the river are some eagles that actually roost outside Dr. Dahl's deck in the trees that fly over the Mississippi River. He showed photos of Dr. DahPs property. There is a lot of foliage and because of what the DNR states they would not really be concemed with erosion is the case of Dr. DahPs property. In addition, regazding the 100-foot flood setback, the bluff is about 27 feet above the river. That takes a huge flood and you are not going to see a 27-foot rise in the river. There is no way this property is ever going to flood. Finally, the shed is going to be removed when the garage is put in. The garage is going to be further back from where the shed is. Therefore, Dr. Dahl will be coming into greater conformity, not less. The DNR is not going to be objecting to this. Mr. Christenson stated one of the other reasons the DNR just does not get involved in this is every time there is an exception made to the DNR regulations, they have to refer it to the Attorney General whose legal staff then gets involved and, regardless if they win or lose, 'rt goes against their budget so they are very selective in what properties they are going to create concern about. However, the code states to generally protect and preserve the Mississippi River which is listed, harmony with purpose and intent ordinance to protect and preserve; this project has no affect at alI on the Mississippi River. Actually in front of Dr. Dahl's properiy, along that bluff, he built a beautiful boulder battier between the river and the bank so there would be no erosion. You can see it from the river. Provide and mitigate irreversible damages to natural resources. There are no damages. The trees are still going to stay there and the bluff will still be there. Preserve and enhance natural aesthetic wltural and historical value. There is no affect. Protect and preserve biological ecological functions. No affect. This garage will have no affect on the Mississippi River. In addition it is not going to have any affect on any of the neighbors' view of the Mississippi River because this is 27-feet above the river. Mr. Christenson showed a photo of Dr. Dahl's front yazd taken from Hartman Circle. You cannot see the river from there. It is down 27 feet below that line. There are no homes except the home from the notth and they have a view. Dc Dahl building that garage is not going to affect their view one iota because between the garage and his property is a tree line. It will have an affect on the property to the east if the garage was moved over to the east. As he was reading in the document the Commission a{so has under the vaziance, "the walling off of views of the river conidor from other properties and public right-of-way shall be prohibited." ff they did put it on the east side, it would be prohibited anyways although the City said there would be another option. Mr. Christenson stated regarding the variance to increase the size of the structure from 1,000 to 1,900 square feet, this in plain English says, City Code requires that the first accessory structure not exceed 100 percent of the first floor area of the dwelling or a maximum of 1,000 square feet. It does not say "and" a maximum of I,000 square feet. It does not says "whichever is less" it says, "or." There is an offer and receiver, and they are offering this as what the options are. You can either be the first floor squaze footage or not to exceed 1,000 square feet maximum. The recipienYs choice is whether it is a 1,000 square feet or keeping it to a maximum of 1,000 square feet or 100 percent; and 100 percent just happens to be more than 1,000 square feet, They do not need a vuiance for that because it is in Code. He has talked to a few attorneys about this who say it is plain English, it is either one or the other. It is not going to exceed 100 percent of the first floor area because once that existing gazage is converted into an arts and crafts room, the size of the first floor dwelling is 2,560 square feet; and the garage is only 1,900 square feet so it is well within that and it does not overwhelm the house either. This house is already 1,900 squaze feet right now. 1; � Appeals Commission Meeting October 5, 2011 Page 13 of 18 Mr. Christenson stated regarding whether this property is used in a reasonable manner, yes, because it really does not need a variance from this part of the Code. Mr. Christenson stated that the code says to increase the size of all structures from 1,400 to 1,900 square feet. That one is very interesting also because it says the combined floor area of all accessory buildings shall not exceed 1,400 square feet. He asked, however, where is that located? Accessory Uses: (1) a private garage is the first aceessory building. Under one accessory building you are limited to 100 percent of the first floor area or 1,000 square feet if it is less than 1,000. Then, (2) a second garage over 120 square feet provided the following criteria are met: the combined total floor area of all accessory buildings shall not exceed I,A00 squaze feet. That does not apply to gazage tf 1, that applies to gazage #2 because they are looking at multiple buildings; and it is a very different situation if you have two buildings that aze accessory buildings on the property. They want to limit the size of those and keep them consistent with the typical size of the property. This property is an acre in size, For the sewnd garage or accessory building thete is no second garage or accessory 6uilding. There is only one because the one building, the garage he has now, is going to be an arts and crafts room. There is no second one. That code section does not apply. Mr. Christenson stated it was also mentioned about building that garage on the east side and Carry Lyons showed the view where you have about ] 2,000 square feet to build on. But that 12,000 square feet is on a sloped hill going down. A lot of that is not even buildable area. It would be weird putting a structure into that part of the yard. As it is the drawing he had would totally wipe out the front yard. That would be an eyesore to the property. Mr. Christenson stated he has looked at a Iot of the propeRies along Rice Creek. The only time there is water in Rice Creek is when the Mississippi goes up during the spring floods, and the water runs from the Mississippi to Rice Creek. The other thing is there have been other variances that have been granted along Rice Creek where that tributary is, and he showed a building that sits right on the lip of Rice Creek which was allowed to be built. There was also a garage on this same property that was built and that needed a variance. He does not know if one was granted or if they were just given a building permit. But with Dr. Dahl's property it was required he had a topographic survey, but he knows this property on the tributary did not have to have one. There is also a home further down on the Mississippi River, and it had an addition just put on which is 100 feet of the river. Another one had an addition put on and is right there on Rice Creek. This house comes right up to Rice Creek. Mr. Christenson stated, therefore, this has been done before on Har[man Circle and it may be done again. To look at what Dr. Dahl is trying to do, he is trying to do it within the Code. Mr. Christenson believes the Code allows Dr. Dahl to build 1,900 square feet. It takes all of these cars out of a driveway that holds 20 cars, and that becomes more of an eyesore than what that garage is going to be. It actually makes that property more attractive. It adds to the value of the home and it will increase the ta�ces that flow to Fridley because of that. Also, as far as the DNR is concerned, it is not an egregious violation of the Statute because it is within the intent and there is no jeopardy of neither erosion nor to the habitat because of all the vees and everything alongside the house so that does not apply eithec There is no reason that they can see not to grant a variance in this situation. John Simmelink, 165 Hartman Circle, he is one of seven homes on the river on Hartman Circle. He has 90 feet of river frontage. He pointed out the property referenced earlier is not on Rice Creek. It is on the backwater of Rice Creek. He wanted to make that clear. He is opposed to the variances for a number of reasons. He has great concern for his neighbors and staff presented his disagreements. He particularly 1�6 Appeals Commission Meeting October 5, 2011 Page 14 of 18 has wncern for his neighbor at 173 Hartman Circle, the neighbor to the north. This would be so close to the lot line that it would be intrusive blocking views. The pictures shown by the petitioner's side are in the summertime of the river. Most of the time the leaves are off the trees, and they have beautiful views of the river all along the circle. The petitioner's home is one of the largest in the neighborhood, and all the other homes on the river, with one exception are quite small. This would just be so overwhelming that it would ruin that streetscape staff talked about and the residential quality he is concerned about. Mr. Simmelink stated, secondly, he moved to his home in 2005. He has access to the river and is down there every morning without question as he knows his neighbor is. There is just a tremendous amount of wildlife, too numerous to mention: deer, beaver, fox, they had a wolf out on the river this past winter. The eagles, osprey, etc. are down there alI the time. Building something so close to the river bluff, even thought it is 27 feet above the river, is going to encroach on that habitat for those animals. He is a Friend of the Mississippi, he adheres to their principles, trying to maintain not only the habitat but also the integrity of the bank of the river. Even though this structure would be 27 feet above the river as previously mentioned the varying level of the river and trying to explain the setback, that is almost constant. Now with the controversy over the dam they do not know what that is going to be like. He thinks this structure Dc Dahl is petitioning for would really affect that habitat. Mr. Simmelink stated this sets a dangerous precedent. If the Commission allowed this, talking about other buildings that do not meet Code, what would stop one of his neighbors or himself from building something that would just be unsightly, ruin the streetscape, residentia] quality, potentially opening the floodgates and requesting variances for all kinds of things. He respectfully requested the Commission deny this variance. Dale Nawrocki, 173 Harhnan Circle, stated he lives just to the north of Dr. Dahl. That is the most misleading presentation he has ever seen. Almost everything the petitioner's representatives showed the Commission had something that was not right in it. He wished the Commission could be there to see this. Dr. Dahl bragged to him about how that new garage was going to come about five feet from Mr. Nawrocki's house. There is not a whole lot of room to put the garage ia The garage is about the size of another house in between their two houses. Dr. Dahl already throws a ton of garbage down the hill towards the river. There are old tires, Mr. Nawrocki pulled a battery out of there one time. Dr. Dahl has tried to get everybody else to sign something saying iYs OK to build the garage but no one wil] sign. People are afraid to stand up to him because they feel they will get sued. Mr. Nawrocki does not want this, and he cannot believe this is happening. He did not meet Dr. Dahl the first five years he lived there, but when he did, he came out guns a blazing and it is harassment. When he sees him he is usually pretty difficult to dea] with. Commissioner Jenkins stated his first question is about the 1,000 or 100 percent of the square feet of the house. Mr. Hickok replied, Robert Christenson, as he was doing his presentation referred to that section of the Code that talks about not to exceed 1,000 square feet or 100 percent of first floor living area of the home. What is important about this section of the Code is also reflective of the time when the State Building Code would not allow a structure over 1,000 square feet. To exceed 1,000 square feet of the garage is not only a violation of this ordinance, but of the Building Code at the time this language was drafted. It was not meant to be, take your pick, it was it cannot exceed the first floor living area of the home or the 1,000 square feet. The next section becomes more convoluted. When you factor in the Building Code did not allow provisions for anything over 1,000 square feet in a single residential garage. � Appeals Commission Meeting October 5, 2011 Page 15 of 18 Commission Anderson stated regardless of the size of the garage, it does meet the setback to the north, correct? Is it a 5-foot setback run between the two properties along the easement there? Ms. Stromberg replied, that is cortect. C6airperson Sielaff stated the point was made this was an over acre lot. Since this is a large lot, having this structure on there, is it going to be any worse than any other smaller lot How much of this property is made up of the bluff? Does that cut down on the lot you see? Is not a lot of this lot on the bluff? Mr. Hickok replied, that is a very good point. The relative impact is faz greater than what is being suggested by it being over an acre lot and this is only "X" number of square feet. lt really wntradicts the architecYs own statement about the buildable azea on the lot. The reality is this small triangle and everything else becomes difticult to build on. You put that many square feet on an area that is difficult to put structure in because of the siopes and topography in there, it further drives the point this is not appropriate. It really does impact the land in a way that if they were talking about an acre on flat land they might look at it differently. Commissioner Anderson asked staff to speak to the statement in the hardship statement and also the presentation to other properties that have been remodeled or had construction to them within the last five years as stated? In his time on the Commission he does not recall any variances coming before them like that. Mr. Hickok stated relative to the statement about the acre of land and really even in the hardship statement, the petitioner stating that he has a large piece of land as if that is a hazdship, staff did suggest early on that if they wanted to approach this as a text amendment and say, the ordinance is inept in that it is not covering consideration for people who have larger lots. A petitioner could come to the City and say, what about those people with larger lots, would you be willing to allow a bit larger garage on a property that has a larger dimension. Of course you are seeing a variance request tonight instead of a text amendment request. Mr. Hickok referred to the photo the Mr. Christenson showed of the first home off of East River Road, which is located at 191 Hartman Circle. It is important to note that the existence for that home and date it was built, put it into a pre-existing, non-conforming status, just like Dr. DahPs by virtue of when they were built and what the Code was at that time. The owner of 191 Hartman Circle did come before the Commission in about ]996, and their variance was to reduce the front yard setback from 35 feet to 32 feet to construct an attached garage. The home had no garage and had no place to put it. By current standards, needing a 25-foot front yard setback, they would not have needed a variance at all. Regarding another home referenced as being right on the bluff, again, it was built that way and recently an addition was built. It had a fire and in reviewing the non-confortning Statute in the State of Minnesota it states you can rebuild in the footprint of a pre-existing non-conforming structure. Originally what burned down was a hot tub room and what was built was a living room. Staff did go out and Iook at it and spent a lot of time out there. Mr. Christenson referred to the house with the addition. The room was an outdoor hot tub that had a fence around it. It was not a room [t did not have a roof, eta The house that was allowed the garage, they also built a large shed right on the edge of the bank. They needed a garage and a shed? He does not think tfiere was any vaziance given for that. If there was a variance given, why were they given a variance : : Appeals Commission Meeting October 5, 2011 Page 16 of 18 for a garage and a shed. On a personal note he was known Dr. Dahl for five and one-half years; and he is one of the most kind, giving, caring people he has never met. He would not be Mc Christenson's client if he was anything different. Mr. Nawrocki stated the picture that was shown was of a neighbor, not on the river; it is up the street, it is at 191 Hartman Circle. They had an old shed there and, when they remodeled the house, they put another shed in that same spot. Also, the hot tub room at the other example that was provided, did have a roof on it, it was enclosed. It just is not true that it was just a deck without a roo£ It does not seem these guys can go about this in an honest way. Every example they have is misleading or they are not telling the Commission the truth. If this were to go up, Dr. Dahl would not stick by the rules and has said if he was not given permission he was going to build this gazage anyways. MOTION by Commissioner Jenkins to close the public hearing. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT 8:37 P.M. Commissioner Jenkins stated what he is not comfortable with is has been covered pretty well by City staff is the size of this structure, and the environmental impact. It just seems there is a better way to do this. Commissioner Anderson stated ultimately a lot of what was presented tonight was driven around the aesthetics; this is going to be a pleasing structure. He has no doubt that is the case with the drawings and the sketches shown. It looks to be something that is well-integrated into the house. The one problem he falls back on is that, although there was a lot of testimony given surrounding how it is going to fit together and that it does not really encroach on the bluff; this is a good spot because the neighbor to the east will not be affected, or views will not be affected, ultimately there was very little conversation surrounding the practical difficulties. He was asking himself if he had this property, this seems like a good place to put the garage; but as a commissioner, unless they can prove there are practical difficulties he does not see having a garage where you want it to be and where it looks nice when there are other options available such as closer to the street, a smaller garage, other location as practical difficulties. Chairperson Sielaff stated this is a critical area and there are requirements in this azea. The criteria is more stringent now that it is a critical area, and the Commission needs to follow what the requirements are now. It does not meet those criteria. He did not hear anything to address practical difficulties as a way that it should not follow the critical areas criteria. Also, he does think this large garage would impact the neighborhood. They cut a third of the property off because it is on a bluff, That garage is going to look big on that property. MOTION by Commissioner Jenkins denying variance reducing the setback from the ordinary high water level from 100 feet to 78 feet. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CIIATRPERSON SIELAFF DECLARED THE MOTION CARRIED. MOTION by Commissioner Jenkins denying vaziance reducing the bluff setback from the 40 feet to ll feet. Seconded by Commissioner Anderson. L::l_I Appeals Commission Meeting October 5, 2011 Page 17 of 18 UPON A UNANIMOUS VOICE VOTE, CHAII2PERSON SIELAFF DECLARED THE MOTION CARRIED. MOTION by Commissioner Jenkins denying variance increasing the size of a ls` accessory structure from 1,000 square feet to 1,4�Q square feet. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. MOTION by Commissioner Jenkins denying variance increasing the size of all accessory structure on a property from 1,400 square feet to 1,900 square feet. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIItPERSON SIELAFF DECLARED THE MOTION CARRIED. MOTION by Commissioner Jenkins denying variance increasing the setback of an attached accessory structure located in front of a home from 5 feet to 64 feet. Seconded by Commissioner Anderson. UPON A UNANIMOUS VOICE VOTE, CHAIRPERSON SIELAFF DECLARED THE MOTION CARRIED. MOTION denying Variance, VAR #11-02, by Wayne Dahl, DC, generally located at 177 Hartman Circle, in its entirery. Seconded by Commissioner Anderson. UPON A UNANINIOUS VOICE VOTE, CHAIltPERSON SIELAFF DECLARED THE MOTION CARRIED. 2. UPDATE ON PLANNING COMNIISSION & CITY COUNCIL ACTIONS: Ms. Stromberg stated the Sandee's site on Mississippi Street and Central Avenue has been cleared, and Trident Development is in the process of developing a 70-unit senior development on that site. They had their groundbreaking last week. Mr. Hickok stated Council and Parks and Recreation Commission have been evaluating Chapter 510 of the Tree Preservation ordinance in parks and public lands. One of the things important to note is recently there was an amendment to that section of Code and, after further analysis by staff, it became pretty clear that the requirements of 510 made it entirely onerous for removing trees on boulevards that would still be considered public property but to everyone's recognition because of damaging infrastructure, etc. As a result there is a repeal being considered by Council right now of this. Both the Planning Commission and Parks and Recreation Commission went back and reviewed and concurred with the staff recommendation to repeal that section of Code and replace it with a policy about removal in parks and on pubfic lands and involving the Forester with that decision-making process. The City isn't giving up protection or preservation of trees. However, it is being considered because of when there are situations where it is important to get the trees out, the process of going through the Planning Commission, the Parks and Recreation Commission, and the City Council is not an efficient form of government and is certain]y not the intent of the ordinance. The chapter was actually adopted back at the time of some urging by some citizens to have a golf course instead of the Springbrook Nature Center and if you were to remove more than three trees you had to go through this process. 1�� VARIANCE APPLICATION "Hardship StatemenY' Wayne E. Dahl, DC,177 Hartman Circle, Fridley, MN 55432 August 5, 2011 The Variance Application requests a detailed narrative with a hardship statement as "statutorily defined." The current Minnesota 3tatute on variances, Chapter 394.27, subdivision 7, was amended in the most recent legislative session to remove "hardship' as a requirement and replace it with "practical difficulties" as the new statutory deftnition. "Practical Difficulties" is statutorily defined as: "the property owner proposes to use the properly in a reasonable manner not permitted by an oJjicial rnntrol; the plight of the landowner is d ue to circumstances unique to the property not created by the landowner; a»d the variance, ifgranted, wiil not atter the essentrat character of the locality." My "plight" is I have a large home (1,900 sq. ft first floor) on a beautiful 1+ acre site adjoining the Mississippi River and Manomin County Park overlooking the Rice Creek tributary. I pay significant property taxes to occupy this beautiful site, but I am discouraged from obtaining the highest and best use of my property because of the setback from the river and from a rear bluff, neither which were created my myself as landowner. I am not requesting a variance on the size of the garage because the size of the garage is in compliance with the code. Paragraph (1) of Fridley Code 205.07 (B) (1) states: "A prfvate garage is the first accessory building. It shall not exceed 1003fi of the first floor area of the dwelling unit �r a maximum of I,000 sqaare feet (emphasis mine). Therefore, a 1,90Q square foot garage is allowed because my first floor square footage is 1,900 square feet and will become 2,500 square feet once the current garage is converted into living space. Paragraph (2) of the same section on Accessory Uses also states: A second garage or „ accessory building of over 120 square feet provided the fo7lawing criteria are met: (aJ The combined jloor area of all accessory buildings shal( not excel 1,400 square feeG" Being I will have only one accessory building, I therefore do not fall under the requirements of Paragraph (2). As to the river setback requirement of 100 feet, I have spoken with Kate Drewry, Area Hydrologist Anoka County, Department of Natural Resources. She informed me that the DNR would not object to compromising a river setback requirement if the local municipality approved the variance and it was not an egregious noncomformance like damag"sng wildlife habitat Kate Drewry can be reached at 651-259-5753. The bluff on the river where the garage will be built is about 30 feet high, so requiring 100 foot setback is does not further protect the river and thus this is not an egregious noncompliance. When I appealed to the City Council to approve my constructing a storage shed on this bluff a few years ago, l provided photos of over 75 properties on the river that had struclures at less than 100 feet setback and the City waived this setback for my shed. 91 1 As to the biuff setback requirement of 50 feet, the location of the new garage is further away &om the river than the e3cisting pre-approved shed that wiil be removed when the garage is constructed, thus bringing the property more into compliance with the code. There are other homes on Hartman Circle that have had additions over the past 5 years that border the Mississippi River or the Rice Creek tributary that did not require a full survey as my property has, and whose additions were allowed to be in conflict with setback requirements without any objection by the City. I can provide addresses if desired. The ideal location for the garage is on the west side of the honse connected to the current driveway. Although there is space to build my garage on the east side of my residence, it cannot be done without blocking the view of the Mississippi River now enjoyed by my neighbor to the east It would also require tearing up my new 175 foot concrete driveway and building a garage requiring a drive up ramp and a basement so that the garage is at the same level as the first floor of the house. This does not beautify the neighborhood in anybod�s estimatian because the garage on the east side would be not be as architecturally pleasing. In addition, it would negatively affect overall property value as it would reduce the value of the property to the east having lost its view of the river and reduce the value of my property with an out-of-place looking garage. The size of the new garage proposed is totally compatible with my eattra large 46,000 square foot lot I have spent the past 31 years continually improving my property: 1. I have built an all stone wall along the Mississippi River to prevent erosion of the river bank; 2. I have enhanced the landscape with flowers, plants and trees; 3. I have constructed two 30 foot high bird roosts for eagles and other birds flying the Mississippi River that benefits Manomin Park.; 4. I have added a 600 square foot patio on the east side of the home; 5. t have added a new deck on the south side of the home; 6. I have a new 175 foot concrete driveway where visitors can park without occupying space on the street in front of neighbors homes; and 7. I have done eactensive remodeling to the interior of the home adding a number of beams to reinforce the structure, refurbishing the interior etc. This is a unique opportunity to improve the neighborhood in a very attractive fashion. The Hartman Circle neighborhood which has been my home for 31 years is one of Fridle}�s great �easures, with its location on the Mississippi River, Rice Creek and adjacent to Manomin Park It is my plan to continue to improve and maintain my property to the benefit of all of my neighbors so that this treasure is preserved for many years in the future. 92 2 VARIANCE APPLICATION "Proposed Use of Building' Wayne E. Dahl, DC,177 Hartman Circle, Fridley, MN 55432 August 5, 2011 The proposed use of the building is to function as a garage for my cars, lawn tractor and tools as well as my collection of antique automobiles that are currendy parked in my driveway. South of my property is a Rice Creek tributary that has been a muddy creek bed for over 10 years due to debris from Locke Lake dam improvements clogging the inlet to this tributary. My entire south boundary is Manomin Park Its west boundary is 200 feet of frontage on the Mississippi River. The entire property is over one acre. My home's first floor is 1,900+ square feet The plan is to convert my existing 600 sq. ft. garage into living space and add a new garage of 1,900 square feet on the west side. By converting the eicisting garage to living space for an arts and crafts room, the total living space of the home will become approximately 2,500 square feet on the first floor. The new garage will be of an architecturally pleasing design. It will have cedar shakes siding, wood trim and windows to match the existing residence. It will have a commercial grade built-up composite roof. The garage doors are designed to be reminiscent of carriage house garage doors to minimize the impact typical garage doors have on a residence. The new arts and crafts room will be built to code using similar materials used in the earisting residence with the same exterior of cedar shakes. This proposed addition to my home will be a further improvement to the housing stock of the neighborhood and will also generate additional tax revenues for the City. � Stromberg, Stacy From: Drewry, Kate (DNR) [kate.drewry@state.mn.us] Sent: Monday, September 26, 2011 2:02 PM To: Stromberg, Stacy Subject: RE: 177 Hartman CirGe Stacy: Thank you for the information on the proposed variance at 177 Hartman Circle. The request involves the construction of a detached garege within 40' of the top of the Mississippi River bluff and within the 100' setback from the Ordinary High Water (OHW) elevation of the River . The parcel and proposed development are within the City's Shoreland Overlay District and also within the Mississippi River Corridor Critical Area (MRCCA) Overlay District, both of which prohibit devefopment on or within 40' of bluff and/or within 100 feet of the OHW. DNR offers the following general criteria and guidance to ensure the protection of bluffs and shorelands as provided by the state MRCCA and Shoreland programs and City Ordinances: 1. Oo practiarl difficulties exisY in complying with the ordinance because of circumsfances unique ta the property? Were the unique circumstances noi created by persons presentfy having an interest in the property and are not based on economic considerations alone? Consideration should be given as to whether the development as proposed is reasonable given the site limitations, whether the variance provides minimal relief or substantial deviation from the bluff and OHW regulations, and whether other feasible alternatives exist that would reduce the degree of noncompliance. For example, why couldn't the proposed garage be moved outside of the setbacks in its current configuration or reconfigured and/or reduced in size to meet the setbacks? 2. Does the property owner or authorized applicant propose to use the property in a reasonable manner that will be in keeping with the spirit and intent of the ordinance ond the comprehensive plon? Considering a variance request is a balancing test that requires weighing the need of an individual property owner against the purpose of the local zoning regulation for protecting the public interest. Minnesota Statutes, section 116G and Executive Order 79-19, which designated the MRCCA, require local governments to adopt MRCCA plans and ordinances in order to: (1) protect and preserve the Mississippi River and adjace�t lands that the legislature finds to be unique and valuable state and regional resources for the benefit of the health, safety, and welfare of the citizens of the state, region, and nation; (2) prevent and mitigate irreversible damages to these state, regional, and natural resources; (3) preserve and enhance the naturel, aesthetic, cultural, and historical values of the Mississippi River and adjacent lands for public use and benefit; (4) protect and preserve the Mississippi River as an essential element in the national, state, and regional transportation, sewer and water, and recreational systems; and (5) proted and preserve the biological and ecological functions of the Mississippi River corridor. The City must evaluate the proposed variance in light of these policies and regulations and determine whether it is reasonable and appropriate to locate the proposed struMure this far into the setbacks, and whether the variance will put the property to use in a manner suitable to the site conditions. 94 � 3. Wil1 the proposed voriance alter the essentiol character of the locolity or be injurious to the use or enjoyment of other property in the vicinity?!f granted, will the proposed variance will be detrimental to the health, safefy, or welfare of the genera! public or of those utrlizing the property or nearby properties? Consider the size of the proposed devefopment; the extent of disturbance and alterations to natural topography, vegetation, and drainage; and how it relates to the visual character and hydrology of the river corridor. The proposed structure will add considereble impervious coverage to the site, which may detrect from the natural chareder and ecological function of the river bluff system and increase runoff that can lead to slope instability, erosion and sedimentation. The visual impact of the structure as viewed from the river should aiso be evaluated. All of the above criteria should be satisfied to grant the variance, and formal finding in support of the variance should be adopted. If findings support grenting the variance, then the City should consider the adverse impacts on the river and river bluff system and place appropriate conditions on the approval to mitigate them. As provided by state law, conditions must be directly related and roughly proportional to the impacts created by the variance. We are aware of a number of communities that have implemented mitigation scoring systems and would be happy to share them with you. Thank you for the opporYunity to comment. Feel free to contact me with any questions. Regards, Kate Drewry North Metro Area Hydrologist DNR Division of Ecological and Water Resources 1200 Warner Road St. Paul, MN 55106 Phone: 651-259-5753 Fax: 651-772-7977 kate.drewry(�state.mn.us www.mndnr.¢av From: Stromberg, Stacy fmatlto:StromberaSCalci.fridlev.mn.usl Sent: Tuesday, September 2�, 2011 4:31 PM To: Drewry, Kate (DNR) Subject: 177 Hartrnan Grcle Hi Kate, The City has received a variance request from Dr. Wayne Dahl at 177 Hartma� Circle NE in Fridley to construct a new attached garage. Severel variances, including variances to the 100 ft. setback from the ordinary high water line and 40 ft. bluff line are being requested in order to construd this structure. I've attached the certificate of survey for the property as well as Dr. Dahl's narretive. You will also be receiving a public hearing notice within the next few days. I would appreciate a response from you by September 2g`n Thank you, Stacy Strom6erg Planner City of Fridley 95 2 '= AGENDA ITEM CITY COUNCIL MEETING OF OCTOBER 24, 2011 � o� FRIDLEY INFORMAL STATUS REPORTS ., CfiY OF FRIDLEY FRIDLEY CITY COUNCIL MEETING OF OCTOBER 24, 2011 7:30 p.m. - City Council Chambers Attendance Sheet Please print name address and item number �ou are interested in. Print Name (Clearly) Address Item No. n �t r +`� S- ,� S� I-1 C S �, o "d J.� N. - 5 {� `�ol� MO €� ��' o 3 h J 2 � � � T' � � G