PL 08/10/1994 - 6937�
PLANNING COMMI88ION MEETING
WEDNE3DAY, AIIGII3T 10, 1994
7:30 P.M.
PUBLIC COPY
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PLANNING COMMISSION MEETING
City of Fridley
A G E N D A
WEDNESDAY, AUGUST 10, 1994 7:30 P.M.
LOCATION: Fridley Municipal Center, 6431 University Avenue N.E.
CALL TO ORDER'
ROLL CALL:
APPROVE PLANNING COMMISSION MINUTES: July 13, 1994
1Tabled from Julv 27. 1994 Planning Commission meeting) PUBLIC
HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP #94 08 BY WARREN
PAULSON:
Per Section 205.09.O1.C.(9) of Fridley City Code, to allow the
expansion of a motel in the R-3, Ge.neral Multiple Fam�ly Dwelling
District, on Lots 5, 6, and 7, Block 1, Valley View Manor, the same
being 6881 Highway 65 N.E.
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To subdivide part of Lot 1, Block 1, Grace High School. Addition into
nine new single family lots, generally located in the southeast corner
� of the Totino-Grace High School property at 1350 Gardena Avenue N..E.
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o create two additional residential lots at 1490 and 1476::- 64th
Avenue N.E. The legal descriptions for the four lots are as �ollows:
Parcel A�
The west half of the north half of Lot l, Block 2, Spring Valley,
City of Fridley, Anoka County, Minnesota. �
Parcel B-
The east half of the north half of Lot 1, Block 2, Spring Valley,
City of Fridley, Anoka County, Minnesota.
Parcel C:
The southerly 75.00.feet of Lot 1, Block 2, Spring Valley, City of
Fridley, Anoka County, Minnesota.
Parcel D:
That part of the south half of Lot 1, Block 2, Spring Valley,
lying northerly of the southerly 75.00 feet thereof, City of
Fridley, Anoka County, Minnesota.
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-,`. OTHER BUSINESS:
ADJOURNMENT
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PLANNING
CITY OF FRIDLEY
MEETING, JIILY 13, 1994
CALL TO ORDER:
Chairperson Newman called the July 13, 1994, Planning Commission
to order at 7:30 p.m.
ROLL CALL•
Members Present:
Members Absent:
Dave Newman, Dave Kondrick, LeRoy Oquist,
Brad Sielaff, Connie Modig
Diane Savage, Dean Saba
Others Presents Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
Tom Wacholz, Opus Corporation
Michele Foster, Opus Corporation
APPROVAL OF JUNE 29. 1994, PLANNING COMMISSION MINUTES:
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the
June 29, 1994, Planning Commission minutes.as written. �
II�N A VOICE VOTE, ALL VOTING AYE, CBAIRPERSON NEPMArT DLCLARED
T8E MOTION CARRIED IINANIMOII$LY.
1. LOT SPLIT RE4IIEST. L.S.. #94-02, BY MURPIiY WAREHOIISE COMPANY:
To split property into two separate parcels generally •
located at 48th Avenue and Main Street. The.legal.�
descriptions for the two lots are as follows:
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Parcel A: The south 1025.22 feet of Lot 2, Auditor's
Subdivision No. 79, as measured at a right angle to and
parallel with the south line of said Lot 2 and which
lies easterly of a line parallel with and distant
511.00 feet easterly of, as measured at a right angle
to and parallel with the Burlington Northern Railroad
Company (formerly Northern Pacific Railway Company)
main track centerline, except the east 33.00 feet of
said Lot 2.
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Parcel B: That part of Lot 2, Auditor's Subdi�vision
N.o. 79, which lies north of the south 1025.22 f�et of
said Lot 2, as measured at a right angie to and
parallel with the south line o.f said Lot 2 and which
lies easterly of a line parallel with and distant
511.00 feet easterly of, as measured at a right.a�ngle
to and parallel with tiie Burlington Northern Railroad
Company (formerly Northern Pacific Railway Company)
PLANNING COMMIBSION MEETING. JIILY 13, 1994 PAGE 2
main track centerline, except the east 33.00 feet of
said Lflt 2.
Ms. McPherson stated the petitioner for the request is Murphy
Warehouse Company. Burlington Northern Railroad (BNR) is the
owner. The petitioner is represented by Opus Corporation. The
,.}�, lot split request is for the property qenerally located between
��:� 47th and 49th Avenues and between Main Street and the BNR yards.
The property is vacant and is zoned M-2, Heavy Industrial. The
. property to the east is all single family residential.
Ms. McPherson stated the total parcel measures 19.72 acres. The
petitioner is proposed to purchase 15.5 acres with the intent to
•eonstruct a 265,000 square foot warehouse. The lot split as
proposed would create two parcels. One is the 15.5 acre parcel
to the south, and the remnant piece is 4.2 acres. �he lot widths
are 1318.93 and 293.7 feet respectively., Both lots exceed the.
minimum lot area requirement of 1.5 acres and the minimum
requirement of�150 feet. . There is an active Amoco fuel line
along the southerly property line and there is an MWCC sanitary
sewer interceptor along the west property line.
Ms. McPherson stated Anoka County has reviewed the proposed plans .
as the property abuts Main Street which is a County road. Ano.ka .^
County has requested a 67-foot drainage and uti,lity easement be
dedicated along the west right-of-way lir�e or east property line
of the subject parcel to be used for stormwater ponding:�purposes
in conjuncti.on with the reconstruction of Main Stre.et. •
Ms. MaPherson stated the petitioner is intending to construct a
265,000 square foot warehouse on the property. The building
measures 602 feet by 442 feet and will be 33 feet.tall. It is to
be constructed of precast concrete panels. There will be a
railroad spur line along the west wa11 of the building. There
will be loading docks on both the north and south sides of.the
building. There will also be entry drives on the north and south
ends of the building. The spur line, as proposed, crosses the
4.22 acre parcel to the north. An access easement should be
recorded over the spur line to allow access to the Murphy
property. �
Ms. McPherson stated approximately 30 trucks per day are�
anticipated by the petitioner. Hours of operation are to be from
6:30 a.m. to 4:30 p.m. with a possibility of a second shift.
There are a total of 28 docks, 14 on each the north and south ;�
sides. As proposed, the building meets the minimum distan�e
requirements for setbacks and lot coverage of .the M-2 distra.ct,
including the 100 foot setback from the easterly property l�.ne
which is across from the R-1 di"strict. � �
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Ms. McPherson stated the petitioner requires only 33 parking
spaces for the employees proposed to be at the warehouse. The
plan provides an additional 106 spaces as proof of parking. The
building is designed to be sub-divided in the future into smaller
spaces should the petitioner choose to relocate to another
facility. The petitioner did provide two re-use scenarios to
allow for increased manufacturing and warehouse space and office
-�` space and estimated the possible number of parking on the site.
Ms. McPherson stated, in terms of drainage, stormwater drainage
currently flows from northeast to southwest toward the BNR yards.
The grading plan submitted by the petitioner reverses this flow
from the northwest to the southeast discharging the water into
the upgraded storm sewer system in Main Street. The petitioner
will be allowed to release storm water either at the predeveloped
flow rate or 5 cubic feet per second, whichever is less. Anoka
County is installing a stormwater pipe.because the existing
system is not adequate to handle the existing flows along main
street. Should the plan proposed by Anoka County fail to be
realized, ther.e two options for the petitioner to discharge the
stormwater to the west: . .
1. Stormwater would be piped to the existing BNR stormwater�
,� system located with.in the railyard.
2. The petitioner would install a new pipe along the west
property line south to a municipal interceptor which then
flows west to the Mississippi River.
Ms. McPherson stated the parcel to north will also be allowed to
discharge water into Main Street at 5 cubic feet per second or at
the predeveloped rate, whichever is less. The petitioner .
submitted the calculations with the proposed grading and drainage
plan. Scott Erickson has put together a two-page letter to Opus
Corporation outlining 14 items which are required as part of his
review of the gr�ding and drainage plan. The stipulation should
be added to the recommendation that the petitioner is to comply
with the items in this letter dated Jul�r 13, 1994.
Ms. McPherson stated the park dedication fee is required at the
commercial rate of $.023 cents per square foot. The pe�titioner
also submitted a landscape glan. The petitioner.propose� to
place the majority of the landscape materials along Main�Street
to buffer the residential property to the east and also to break
up the mass of the building. The ordinance requires 265 trees •°
(265,00o square feet divided by 1,000). The petitioner at•lthis
' time is proposing to plant 165 trees so, therefore, they are ,100
trees short. The petitioner could increase the size of the�trees
provided which would reduce the number of trees required by 25�.
� In that instance, only an additional 35 trees would then be
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PLANNINa COMMISSION MEETING, JIILY 13. 1994 PAGE 4 ,�
required. Staff has stipulated that the petitioner is to revise
th� plan to either comply with the landscape ordinance or apply
for a variance for relief from the landscape requirements.
Ms. McPherson stated staff recommends approval of the request by
the Planning Commission to the City Council with the following
stipulations:
1. The petitioner shall dedicate a 67-foot drainage and
utility easement along the east property line. �
2. An access easement shall be recorded over the spur line
on the vacant parcel.
3. The owner shall notify the Community Development '
Department if use of the building char�ges from a
warehouse to a manufacturing facility causing the need
for additional parking.
4. The petitioner shall pay a.park dedication fee.of
$15,529.14 at the time of building�permit issuance.
5. The petitioner shall submit a revised plan in
compliance with the landscape ordinance requirements ^.
prior to issuance of a building permit:
6. The petitioner shall comply with the items in``Mr.
Erickson's letter dated July 13, 1994.
Mr. Newman asked which parcel would be Parcel B.
14fs. McPherson stated Parcel B would be the 4.22 acre.parcel that
is the remnan� as a result of the lot split. This is the parcel
to the north.
Mr. Newman asked if these parcels would be separate.
Ms. McPherson stated she thought.this was BNR's intent.
Mr. Sielaff asked, if deliveries and products are going to be
leaving by rail, what is the need for the trucks. � .
Ms.. Dacy stated.there is a variety of clients in the building.
Some will be receiving and/or shipping.by truck. Not all,
material will be using rails. ;°
Mr. Kondrick referred to the letter from Scott Erickson an� asked
if the representatives for the petitioner from Opus had also
received a copy of this lette�.
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PLANNINa COMMI88ION MEETINa, JIILY 13, 1994 PAG$ 5
Ms. McPherson stated they had reaeived a copy this evening.
Staff just received the letter in late afternoon. The points
outlined in the letter are points which have been previously
discussed with the petitioner. .
Ms. Foster, Director of Real Estate for Opus Corporation, stated
she and Mr. Wacholz, Project Manager for the Construction
Div'ision of Opus Corporation, have been working with Murphy on
this project. She has been working with them on the land
acquisition and land planning for the site. They are in qeneral
agreement with the staff report with the exception of-the
landscape requirement. With respect to that requirement, she
provided background on how they approached the City's landscaping
ordinance. As they understand it, there are two alternative •
computations that can be used within the landscape ordinance -
one according to the perimeter of the site and the other, and the
greater requirement, is according to the square footage of the.
building. By using the perimeter calculation, they would be
required to provide 68 trees. In looking at the magnitude of the
site and project and the impartance of the Main Street frontage,
it was�pretty apparent that this would not be adequate
landscaping for the site. On this particular site, they are
dealing with a very large building, a large amount of.paved area,
a rail track along the west property line where clearly
landscaping would serve no benefit. In addition, they �lso have
to incorporate a large ponding area on the site in order retain
water before it goes into the County system.. The alternative
requirement of 265 trees they felt was not a reasonable
requirement. They asked their landscape architect to prepare
what they felt to be the best landscaping plan�for the site.given
those constraints keeping in mind the most important was the Main
Street frontage. She felt they have provided a very adequate
landscape plan for the site. They have provided a number of
evergreen trees to provide screening of the truck dock'areas as
well as to provide screening to neighbors across the street to
help break up the length of the building. While t�iey could
provide 100 additional trees on the site, she is not convinced
that this is a reasonable requirement given this particular
project and the scale of the project. They are between the two
standards. The square foot calculation is 265, the perimeter
calculation is 68, and they are proposing 165. The plan proposed
provides an improvement compared to other projects alonc� Main
Street and will provide a very well landscaped project to the
neighbors across the street. That is the only issue they,have to
discuss. They just received the engineer's letter and, based on
a quick review, she thought they were okay with those item� at
this point. After they have a chance to review these items� in
more, there may need to be further discussions. �
Ms. Foster stated, with respect to the operation of the building,
not all of the materials that go into the warehouse-will be
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PLANNING COMMI88ION MEETING. JIILY 13, 1994 PAGE 6
coming by rail. Some will come in by rail and go out by truck,
some will come in by truck and go out by truck. It will depend
on the particular mix of product i.n the building. Given the type
of business, this will vary. .
Mr. Kondrick asked if there were plans to berm on the Main Street
side of the building.
Mr. Wacholz stated there are berms at the corners to screen the
dock areas. With the ponding in the front to retain the water,
there was not enough -room to.berm the front of the building.
Ms. Foster stated they tried to develop a good landscape
statement with the front. They plan to plant 165 trees so
technically they are 100 short of the maximum interpretation of
the ordinance but 100 over the minimuni interpretation. With a
building of this size, the number.can get out of sync with.what
is expected for a smaller building.
Mr. Kondricl� stated he had no problem with the landscape plan.as
provided. Perhaps using larger trees would seem like a good
compromise.
Mr. Sielaff asked if there was a minimum requirement for trees in
the code.
Nis.•McPherson.stated the minimum size is 1.5�inches for•
ornamental trees, 2.5 inches for street trees, and 6 feet for
conifers. The trees proposed are the minimum requi.red by code.
Mr. Newman asked if this required a variance.
Ms. Dacy stated this is part of the code. A variance request
would go to the Appeals Commission. She would suggest�staff
speak with petitioner about a larger tree standard. The
petitioner is correct that the formula for a large building.will
require a lot of trees. This issue can be worked out with staff.
Mr. Oquist asked staff to speak to the different interpretations
and how the� are applied.
Ms. Dacy stated the intent of the ordinance is basically�the
�igger the building then there should then be a large number
trees to soften the impact. This is a very large building.
While she agrees with the petitioners intent to put most of
landscaping on the north, east and west sides, there is ,±
additional room for additional trees. ',
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Ms. McPherson stated the calculation is that there shall be.one
tree for every 50 feet of lot lina perimeter or one tree for
1.,000 square feet of building area, whichever is greater.
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Mr. Sielaff asked if there w�s a difference in the number
required when using larger trees as compared to smaller trees.
Ms. Dacy stated yes. The total number of required.overstory
trees may be reduced by 1/2.tree for each deciduous tree
measuring 3 inches or more in diameter or each coniferous tree
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measuring 8 feet or over.
Mr. Rondrick stated he would like to see more big trees which
could be put in the landscape plan.
Ms. Foster stated they would be open to that if there are areas
where the trees should be larger. They do not want to provide an
excessive amount of landscaping which doesn'� serve a real
benefit for the project and is an expense for Murphy Warehouse
Company.
Ms. Dacy stated it is up to the petitioner as to whether they
want to apply for a varian�e. Staff is comfortable with the lot
split request. Staff would like to resolve the landscaping
issue. If they want to proceed with the lot split request, they
can proceed with a variance at a later time.
�, Mr. Oquist stated they can indicate in their recommendation for
the lot split to work out the landscape plan.
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Mr. Newman asked if the parcel to the south was occupied.
Ms. McPherson stated she believed so.
Mr. Oquist asked if the railroad spur went through the building.
Ms. Foster stated yes.
Mr. Sielaff asked who is the owner of the property.
Ms. Foster stated BPTR is the current owner. Murphy Warehouse
Company will purchase the site from BNR and Murphy will own the
building. Murphy Warehouse Company.is a public warehousing �
company and provides warehouse.space for other companies. They
will not subdivide the space. Companies that contract with them
are provided a space in the building and need to know tYiey can
move their product in and out of the building when.they �equire.
It is not like a multi-tenant building with separate spaces.
Murphy's headquarters and main facility is in Minneapolis. They
have a facility in Roseville and lease space in Fridley. �his
will allow them to own and have product in their own buiLding.
Mr. Oquist asked how many people would work there. `
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PLANNING COMMISSION ME�TING. JIILY 13. 1994 PAG$ 8
Ms. Foster stated approximately 20-25 employees would be at the
site. They do have some seasonal tenants so there are times when
there are more people in the building. At this time they have
one shift, but there could potentially be two shifts.
Ms. Dacy stated staff have worked with Murphy over the last few
months. They have done a lot of work to meet the ordinance
requirements, especially in regards to the loading docks.
Mr. Kondrick asked what specific plans does Anoka County have for
the upgrading of Main Street.
Ms. Dacy stated the County is in the planning process right now.
Drainage is one issue and the bikeway/walkway is another issue.
It is mostly for the storna sewer but she was not sure if it was
to be widened.
MOTION by Mr. Kondrick, seconded by Mr. Oquist, to recommend
approval of the lot split request, L.S. �94-02, by Murphy
Warehouse.Company to split property into two separate parcels
generally located at 48th Avenue and Main Street. The legal
descriptions for the two lots are as follows: Parcel A: The
south 1025.22 feet of Lat 2, Auditor's Subdivisian No. 79, as
measured at a right angle to and parallel with the south line of
said Lot 2 and which lies easterly of a line parallel with and
distant 511.00 feet easter.ly of, as measured at a right angle to
and parallel with the Burlington Northern Railroad Company
(formerly Northern Pacific Railway Company) main track
centerline, except the east 33.00 feet of said Lot 2; and Parcel
B: That part of Lot 2, Auditor's Subdivision No. 79,. which lies
north of the south 1025.22 feet of said Lot 2, as measured at a
right angle to and parallel with the south line of said Lot 2 and
which lies easterly of a line parallel with and distant 511.00
feet easterly of, as measured at a right angle to and parallel
with the Burlington Northern Railroad Company (formerly Northern
Pacific Railway Company) main track centerline, except the east
33.00 feet of said Lot 2; with the following stipulations:
1.
2.
The petitioner shall dedicate a 67-foot drainage and
utility easement along the east property line.
An access easement shall be recorded over the�'�pur line
on the vacant parcel. •
3. The owner shall
Department if
warehouse to a
for additional
notify the Community Development
use of the building changes from a��
manufacturing facility causing the need
parking. ' �
4. The petitioner shall pay a park dedication fee of
$15,529.14 at the time of building permit issuance.
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PLANNINt3 COMMI88ION MELTING. JIILY 13, 1994 PAGE 9.
5. The petitioner shall submit a revised plan in
compliance with the landscape ordinance requirements
prior to issuance of a building permit or obtain a
variance. .
6. The petitioner shall comply with the items in Mr.
Erickson's letter dated July 13, 1994.
Mr. Newman stated, in the landscape plan, they tried to do a nice
job but six-foot trees in front of a 33-foot building does not
screen. Going to a larger tree would add to the sareening and
reduce the number of trees required. He encouraged them to work
with staff to see if they could work something out. He felt the
unique hardship would be the rail line to the rear of the
property. This does appear to be a very well thought out plan.
IIPON A VOICE VOTE, ALI� VOTING AYE, CHAIRPERSON NEWMAN DBCLARLD
THE MOTION CARRIED II1dANIMOIISLY.
Ms. McPherson stated this item would be before the City Council
on July 25.
2. RECEIVE THE MINUTES OF THE PARKS & RECR�ATION COMMISS�ON
MEETING OF JUNE 6. 1994 .
Mr. Kondrick stated of particular interest is the.request to name
a City park in honor of Mr. John Gargaro. Mr. Gargaro was not
only a member of the Commission but also very active in the
community. The Lions Club has also submitted a proposal to
rename a park and have expressed a wish to place a memorial at
their expense.
MOTION by Mr. Rondrick, seconded by Mr. Oquist, to receive the
minutes of the Parks & Recreation Commission meeting of June 6,
1994.
IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED
T�E MOTION CARRIED ONANIMOIISLY.
3. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY
, MEETING OF JUNE 22. 1994
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MOTION by Ms. Modig, seconded by Mr.�Sielaff, to receive the .
minutes of the Housing & Redevelopment Authority meeting of .�
June 22, 1994.
IIPON A VOICE VOTE� ALL VOTING AYE,
THE MOTION CARRIED IINANIMOIISLY.
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NEWMAN DSCLI�RED
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PLANNING COMMISSION MEETING. JIILY 13, 1994 PAGE 10 �
ADJOURNMENT
MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to adjourn the
meeting. .
UPON A VOICE VOTE, ALL VOTING AYE, CH�iIRPERSON NEWMAN DECLARED
_. THE MOTION CARRIED AND THE JULY 13, 1994, PLANNING COMMISSION
��L,, MEETING ADJOURNED AT 8:16 P.M.
Respectfully submitted,
V �!I% t.� 1 �
Lavonn Cooper
Recording Secretary
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S I G N— IN S H E E T .
�� Wednesday, July 13, 1994
PLANNING COMMI88ION MEETING,
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STAFF REPORT
Community Development Department
APPLICATION NOMBER:
Appeals Cotnmission Date
Planning Cominission Date � July 27, 1994, August 10, 19
City Council Date
Special Use Permit, SP #94-08
Warren Paulson
LOCATION'
6881 Highway 65 N.E., located in the northeast corner of the
intersaction of Highway 65 and 68th Avenue.
RE4IIEST•
To allow the expansion of a motel in an R-3, General Multiple
Family Dwelling district at 6881 Highway 65 N.E.
ANALY8I3•
Located on the property is a 14 unit motel, motel office, and
living quarters. The motel office and living quarters are
located on the southerly portion of the building. The motel is
located along the east property line in a north/south
orientation. The office and living quarters are perpendicular t�o
the motel. The petitioner is proposing to construct a 36 ft. by
48 ft. two-story addition perpendicular to the motel at its north
end. The east wall of the addition abuts the west face of the
existing building. The addition and original structures combined
represent 20% lot coverage.
The property is zoned R-3, General Multiple Family Dwelling.
Motels are permitted as a special use. The petitioner is
requesting the special use permit at this time in order to allow
expansion of the existing motel faciiity.
History
The Sunliner Motel, as it was once known, was built in 196.0. At
that same time, the City approved both the buildirig permit�'for
the structure and dwelling unit/office combination. The C%ty
also approved a sign permit which allowed a 12' x 8' free-
standing sign adjacent to the Highway 65 right-of-way. In May af
1965, the motel was severely damaged by a tornado and was
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Staff Report
SP #94-08, by Warren Paulson
Page 2
reconstructed in July of 1966. In 1968, the owners of the motel
asked the City Council for consideration of a privacy fence as
opposed to the landscaped separation that was required as a
stipulation of the original approval. In July of 1968, the City
_. Council approved a six foot high redwood fence to be constructed
��v� along the eastern property line and that fence was to also extend
along the northern edge of the property line to a point equal to
the front of the motel complex. The motel was re-roofed in 1973
and in October of 1982, a variance request was received by the
City in which the petitioner asked to minimize the setback
distance on the southwest corner of the complex to add a
vestibule entry, and also to add a 26' x 10' deck. The variance
requests were approved, and in March of 1983, the vestibule and
deck permits were issued and the constructed was completed.
In March of 1987, a sign permit was granted allowing 84 square
feet for the free-standing sign. The square foot dimension was •
to replace the original 96 square foot that later evolved into a
150 foot square foot free-standing sign. The free-standing sign
was once again visited in 1992 when a variance was requested by
the petitioner t.o allow reconstruction of the 84 square foot
sign. A stipulation was placed on the sign at that time, that �`�
the sign face area would not exceed 80 square feet. That
variance was approved.
This 1994 request for a special use permit asks to expand an
existing facil�ty by placing a 36' x 48', two-story addition with
a walk-out foundation adjacent to the original structure.
Variances
The petitioner asked for consideration of four variances and a
special use permit to allow expansion of the motel facility
within the R-3 district. The Appeals Commission heard the
request for four variances at their regularly scheduled meeting
on July 12, 1994. Those variances included:
l. To reduce the front yard setback from 35 feet to 10
feet. [This is an existing condition, not a�esult of
the new structure.] '�, .
2. To reduce the side corner setback from 35 feet to 30.33
feet. [This variance request is related to the new
construction and proximity to the property line '�,
adjacent to Highway 65.] �
3. To reduce the rear yard setback from 40 feet to 19.44 ^
feet. [Abutting Rice Creek.]
� Staff Report
SP #94-08, by Warren Paulson
Page 3
4. To improve vehicle turning movements by reducing the
parking setback from 20 feet to 18 feet.
The Appeals Commission voted unanimously to recommend approval of
the variance requests. Staff's recommendation to the City
-� Council would be to concur with the Appeals Commission action.
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Staff has worked with the developer to determine what the
aesthetic elements of this addition will include. The developer
indicated that the addition will be two-story from the existing
grade with a lower walk-out level beneath the two-story addition.
The total number of motel units to be added is nine. There will
be three units per floor, and the stairway to the lower walk-out
level and upper level will be on the exterior of the building.
The developer indicated that the walk-out level evolved from poor
soil conditions on the north of the existing motel facility. A
determination was made from a feasibility standpoint that it
would be more practical to compact the soil and build a
foundation rather than replacing all the soil required for the
original two-story design.
Transportation Issues
The transportation issues related to this proposal include the
on-site parking for the facility, on-street traffic issues
including the desire to have a stop sign at 68th Avenue from the
parking lot, and also the request by residents to have a
controlled intersection with a traffic signal at the intersection
of 68th Avenue and Highway 65.
In regards to parking, staff has evaluated that the code
requirements for parking would require one parking stall per unit
in the motel facility. The total number of motel units is 23,
and the office would be considered 24. At one stall per unit
plus one additional stall for ever� four units, the requirement
is 30 parking stalls for this facility. The developer's proposal
exceed this code requirement by five stalls. The expansion of
the.parking lot relates to the turning movements within the
parking area. City code requires a driving aisle width�'�f 25
feet for two-way traffic�. There is sufficient room for a
standard stall depth, 25 feet of driving aisle and parallel
parking along the curb.
There has been some concern about the proximity of the driveway
to the intersection of 68th Avenue and Highway 65. Although this
an existing driveway situation and the additional units will not
^ compound the problem, with the exception of a few additional
daily trips, the concern could be addressed by controlling the
Staff Report
SP #94-08, by Warren Paulson
Page 4
traffic onto 68th Avenue with a stop sign installed by the motel
as part of their parking improvements. That stop sign would face
internally to the parking lot and would require that cars stop
before entering 68th Avenue.
_�--f. In regards to the controlled intersection, stop lights at State
-Y`� highways are installed in accordance with a manual that the State
uses to evaluate need for controlled intersections. There are 11
- 13 different areas that are evaluated as part of a traffic
study for an intersection such as this. It is our Public Works
Director's opinion that this intersection would not meet the
warrants necessary for installation of a traffic signal.
RECOMMENDATION/STIPIILATIONS:
Staff recommends approval of this special use permit request in
order to expand the existing motel facility in an R-3 district,
the following stipulations be recommended:
l. A stop sign shall be installed by the developer at the point
where the parking lot drive enters onto 68th Avenue. The
sign would be the cost and responsibility of the motel.
,�
2. The addition shall be built with an architectural character
consistent with the character of the existing motel compl.ex.
3. No windows shall be placed on the second story of the east
side of the building addition.
4. The parking lot shall be re-striped to identify the 35
parking spaces indicated by the petitioner's site plan.
5. The new parking surface shall include curb and gutter around
the expanded parking perimeter. The curb and gutter is to
be concrete and of a staff-approved design.
6. Erosion control fencing shall be installed during '
construction to assure no construction-related soil is
carried into Rice Creek or adjacent landscape.
7. Rip-rap erosion control shall be installed at the b'ase of
the roof drain and at the point where the parking lot swale
empties surface water onto the landscaped portion of�the
site.
8. All landscape areas shall be restored.
9. Although not specifically required by Code, staff suggests
that the three 20" oaks removed by construction be replaced �'
�. by three 2 1/2" oaks in an alternate location on the site.
T
f"1
Gngineering
Sawer
vsaier
P<`�rks
S�reefs �
M3intBnercc
_ ME MORAND M
� TO:
FROM:
DATE:
SUBJECT:
�
Michele McPherson, Planning Assistant
Scott Erickson, Assistant Public Works Director��
July 15, 1994
PW94245
Drainage and Grading Review of 6881 Highway 65 NE Building Addition and
Parking Lot Expansion
The following comments pertain to the drainage and grading review for the building addition
and parking lot expansion for 6881 Highway 65 NE.
1.
2.
Install concrete curb and gutter around the exterior of the parking lot
Provide erosion control fencing around the building addition area and along the -
northerly part of the parking lot.
3. Install rock rip-rap at the bituminous swale for the parking lot storm water outlet and
at the outlet of any roof drains of the proposed building addition.
4.
SE:cz
Additional comments may be forthcoming pending further review or changes to the
plan.
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PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
Notice is hereby given that there will be a public hearing of the
Fridley Planning Commission at the Fridley Municipal Center, 6431
University Avenue N.E. on Wednesday, July 27, 1994 at 7:30 p.m.
for the purpose of:
Consideration of a Special Use Permit, SP
#94-08, by Warren Paulson, per Section
205.09.O1.C.(9) of.Fridley City Code, to
allow the expansion of a motel in the R-3,
General Multiple Family Dwelling District, on
Lots 5, 6, and 7, Block 1, ValZey View Manor,
the same being 6881 Highway 65 N.E.
Hearing impaired persons planning to attend who need an
interpreter or other gersons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than July 20, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be refer�ed to the Fridley Community
Development Department at 571-3450.
Publish: July 12, 1994
July 19, 1994
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
. ::�_
CITY OF FRIDLEY �
6431 UNIVERSITY AVENUE N.E. � -
FRIDLEY, MN 55432 � �� �
(612) 571-3450 COMMUNITY DEVELOPMENT �DEPARTMENT �
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SPECIAL USE PER;MIT APPLICATION° FOR1VIi��` -
.�__.- � . -� .� _ � : -
��==�_ �ROPERTY INFORMATION .- site plan required for submitta.l, see;attached :;
�� � � � s
Address: (4� � � fi�..1 y - - ( .� . /il :.F� �, �:`� _ ,
Property Identification Number (PIl� . `- � - � . « .�:
Legal description: �01`.s S. � b , 7. ( � o� !• ( - 'Ua �, �Y U�°e� ; '3�Ivt`%4 n[o/� _
Lot Block - Tract/Addiaon' - - � �� � � � � �
Current zonin %� 3 - { � '� . ; �
- 8- , Sguare footagelacreage � ' , � � $ � ��� ` � �
,. . ,�. . :; ,. ; .. � � .y , ., .,
; , , � _. ,•�_ , . � ,..,.;: ,., '
,, :,
Reason for special use pemu� ��C�1�IS t CJ7i] �'1 � G1- =l�1YJC���:l �� ;_
. �.--3 c�is��� .;�� i :. � ..: �. , �
�� ` section `of city: Code: `s Zrj 5,�`Of9-`
Have you operated a business in a ciry which required a business license�'� ��
Yes_ No If yes, which city? _
If yes, what type of business? �
Was. that license ever denied or revoked? ' Yes No �, ' P;:; :�:
. �:�„ °•�. ez nvF3 L ` �'r�' .�. k •'x'' .,_ �. .
FEE O WNER INFORMATION �(as it appeais : on the property:'t�t7ej� ,�;�'s ' g,; ' i; -
_, . .. :; , � ��< <
(Contract Purchasers: Fee Owners must sign this form prior to processing) z„� �� � n �, �"� ,
NAME l,c� g 2 2 e � � . � %,� �. � .r Q �r � - _� 3. � _ -
ADDRFS S_ � �8 ! /f w `( 6 S /i!_ � E , : , �=y f' st s .
� DAYTIlVIE PHONE S�7 /.- O>-H a o �
SIGNATURE > j � ::: � � ;. DATE � � 6 - a N � � Y ��"� F' �
�
�'ETITIONER INFORMATiOIY � � . , :.�:: ;; ;
NAME - _.
ADDRESS ' �
_ �
, ._
, DAYTIME PHONE - L .
SIGNATURE -. ° DATE --
Fee: �4U0.00 � =� $1�.� __ .� for residenrial Znd accessory buildings `` �'
Permit SP # _p � , • ,
Receipt # � 3°J3 _ , .E
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Applicafiion received by: . : ^ ° ' �'
4
Scheduled Planning Co ion Z �- :� r�` ��w�'
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Scheduled City Council date: `' P�
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6881 Highway 65 N.E.
Warren Paulson
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Warren Paulson
6881 Highway 65 N.E.
Fridley, MN 55432
Aleta Larson
>.-�En870 Brookview Drive
--�idley, MN 55432
Resident Business
6875 Highway 65 N.E.
Fridley, MN 55432
Terrie Mau
6890 Channel Road
Fridley, NIN 55432
.'^n Ridgley
6r,/6 Channel Road
Fridley, NIIJ 55432
William Fink
6864 Channel Road
Fridley, MN 55432
William Wharton
6887 Channel Road
Fridley, MN 55432
Harry Asplund
6881 Channel Road
Fridley, MN 55432
Lyle Quam
6�,5 Channel Road
F �ley, MN 55432
MAILING LI3T Planning 7/8/94
Couneil
William Wong
1081 Rice Creek Terr.
Fridley, MN 55342
Edgar Noel
6860 Brookview Drive
Fridley, MN 55432
James Vint
6880 Brookview Drive
Fridley, MN 55432
Philip Hanson
6850 Brookview Drive
Fridley, MN 55432
Two PC Partnership� Raymond Stewart
4111 Central Ave. N.E. 6898 Channel Road
Columbia Hgts, MN 55421 Fridley, MN 55432
Herman Dehn
6886 Channel Road
Fridley, MN 55432
North Air E. Home Assoc.
6831 Highway 65 N.E.
Fridley, MN 55432
Glenn Gould
6854 Channel Road
Fridley, MN 55432
Adam Hardy
6845 Channel Road
Fridley, MN 55432
Charles Kline
6889 Channel Road
Fridley, MN 55432
County of Anoka
325 East Main Street
Anoka, MN 55303
George Maas
688U Channel Road
Fridley, MN 55432
Brian Porter
6870 Channel Road
Fridley, MN 55432
Bankers Trust Co.
Corp. Trust & Agency Grp
4 Albany Street
New York, NY 10006
Alvin Hirschi
6875 Channel Road
Fridley, MN 55432
Robert Wadsten
6899 Channel Road
Fridley, 1�T 55432
Medtronic, �nc.�,,V3� •
3055 Highway N 8�
Minneapolis, MN 55418
Mailing List
Sp 4�94=08
Page 2
Medtronic, Inc.
7000 Central Ave. N.E.
Fridley, NIIJ 55432
Planning Comm. Chair City Council
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TO:
Community Development Department
PI�ANNING DIVISION
City of Fridley
August 3, 1994
Planning Commission Members
FROM: Jack Kirk, Recreation/Natural Resources Director
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
SUBJECT: Totino-Grace Plat
Attached please find the staff report and supporting
documentation for the Totino-Grace plat request, P.S. #94-05.
The Planning Commission tabled the request at its June 29, 1994
meeting and recommended that the City Council determine whether
or not an Environmental Assessment Worksheet (EAW) would�be
reguired as a result of a petition rece.ived from the Friends of
Innsbruck Park. The City Council at its July 11, 1994 meeting
considered the question to require an EAW. The request was
tabled by the City Council to allow staff time to research a
number of items requested by the City Council at its July 11,
1994 meeting. On July 25, 1994, the City Council determined that
an EAW would not be required and that it would not autharize any
further ecological or environmental studies.
The Friends of Innsbruck Park has requested that the City �
consider acquiring the 3.5 acres to be developed in the southeast
corner of the property and add it to the City's open space
system.
The Parks and Recreation Commission reviewed the request at its
August 1, 1994 meeting. The Commission stated that they would
accept the,3.5 acres to be developed into the park system if it
were donated or if a municipal funding source,�other than the
park fund, was used. If it did not become part of the park
system, the Commission stated that it could be developed as
proposed with careful scrutiny for compliance with.the
stipulations.
MM/dn
M-94-405
0
S TAFF REP 4 RT
Community Development Department
- � I APPLICATION NiTMBER:
_,: �
PS #94-05
PETITIONER•
Keith Ebensteiner
Archdiocese of St.
High School).
LOCATION•
Appeals Commission Date
Planning Commission Date :
City Council Date
June 29, 1994 , August 10, 1994
for Biltmore Construction, petitioner.
Paul and Minneapolis, fee owner (Totino Grace
The subject parcel is located at the intersection of Matterhorn
Drive and Gardena Avenues. The areas to be platted are located
in the southwest and southeast corners of the subject parcel.
The parcel is zoned R-1, Single Family, as are the surrounding
parcels.
x�ouEST•
The petitioner proposes to create nine single family lots and one
lot for the High School.
ANALY3I8•
Parcel Description
Located on the subject parcel is Totino Grace High School. The
high school campus is composed of the school, a retreat building,
a maintenance building, track, and baseball, softball, and
football fields. A 25 foot drainage and utility easement running
north-south across the property is located within the western 1/3
of the subject parcel. A public watermain is located within the
easement.
Located in the southwest corner of the property is a tree stand
comprised of oak trees, sumac, virginia creeper, and cherry
trees. These trees are located at the rear of the two proposed
lots on Matterhorn Drive. This vegetation should be preserved
with the exception of the removal of dead or diseased trees.
SJ
� Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 2
**Stipulation** A restrictive covenant shall be recorded
aqainst Lot 1 and 2, Block 2 preventing the
removal of veqetation except for
dead/diseased trees.
Located in the southeast corner of the property is a larger area
of woodland which was once part of the woodland located to the
east known as "Peck's Woods" by the residents. This woodland was
probably once part of an oak savannah. A number of oak trees
still exist, however, they are overgrown with chokecherry,
riverbank grape, maple, ash, buckthorn, and honeylocust. Also
located in this corner of the parcel are.two Type 5 wetlands.
These wetlands are characterized by 90-95% open water surrounded
by wetland plants. The wetlands are less than 1/2 acre and
between 1/2 and 1 acre in size respectively.
Project Description
The proposed project includes nine single family lots. Two lots
will abut Matterhorn Drive on the west. The remaining lots will
have access via a street "Royal Oak Court" from Arthur Street on
^ the east. One lot will be created for the high school campus.
This lot is currently identified as an outlot and should be
defined as a lot.
�",
*+�3tipulation** Outlot A shall be nanted as a��lot�� in the
plat.
District Requirements
Zoninct
The R-1, Single Family Dwelling District requires lot areas of
9,000 square feet and lot widths of 75 feet, as measured at the
front yard setback. Corner lots require a lot width of 80 feet.
The following chart identifies the lot area and lot width of each
of the proposed lots:
LOT/BLOCR LOT AREA
1,
2,
3,
4
5,
6,
7,
1,
2,
1
1
1
,1
1
1
1
2
2
12,667
12,370
14,848
15,032
24,491
19,628
15,891
13,813
16,170
LOT WIDTH
100
95
90
87
116
105
117
93
85
25% MASIMIIM
3,167
3,093
3,712
3,758
6,123
4,907
3,972
3,453
4,042
Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 3
As Lot 1, Block 1 has a lot width of 100 feet, the dwelling unit
should face Royal Oak Court as opposed to Arthur Street. In
addition, the trees along the side corner lot line within the
__---. 17.5 foot setback should be preserved to provide screening for
= the dwellings located on the east side of Arthur Street which
face the development.
**Stipulation**
**Stipulation**
(June 29, 1994)
STAFF IIPDATE
The dwellinq on Lot 1, Hlock 1, sha�l face
Royal oak Court.
The trees along the side lot line of Lot 1,
Block 1, within the 17.5 foot setback shall
be preserved.
The petitioner has submitted language amending the stipulation to
read the "sianificant trees along the side lot line shall be
preserved" and has suggested a minimum caliper of 8 inches. The
landscape ordinance defines large trees �s 4 inches in caliper.or
greater. Staff recommends that a compromise caliper of 6 inches '"��
be used.
Verifying surveys are required to insure compliance with the
setback requirements.
*�Stipulation** Verifying surveys shall be submitted prior to
the capping of the foundation.
The total acreage of the subject parcel is 34.1 acres. 3.32
acres will be used for single family lots. Approximately .4.4
acres will be used for the proposed road and its right of way.
The remaining 30.34 acres will remain under the ownership of the
Archdiocese.
Subdivision
Section 211.07 of the City Code sets forth the design
requirements for all plats. These include dedication fox parks,
street pattern and construction, and minimum improvement�.
Park Dedication
The ordinance requires either a dedication of land (100) of the
area to be platted or a cash equivalent ($1500.00 per lot) �for
public uses such as parks, playgrounds, etc. The City has
typically required cash payment into the Park Dedication Fund. r�
The Park and Recreation Commission typically reviews all park
^ Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 4
dedications for each plat request. The Commission will meet on
July 11, 1994 to discuss this request.
e... **Stipulation** The petitioner shall pay a park dedication
_ fee of $1,500.00 per lot (9 x$1,500.00 =
$13,500.00) at the time of buildinq permit
issuance.
Road Desian
The petitioner is proposing to construct a 32 foot wide cul-de-
sac with a length of 278.15 feet and a diameter of .80 feet to
serve the 7 lots. This is within the maximum 600 feet and meets
the requirement of an 80 foot diameter. The pe.titioner will be
dedicating a 50 foot right of way and 100 foot diameter, which
meets the requirements of the ordinance. The road rises 4 feet
over a distance of 330 feet for a slope of 1.2%, well within the
6% recommended. The two lots on the west will have direct access
to Matterhorn Drive.
��. Stormwater Pond
The petitioner is proposing to construct a sedimentation pond
along the north edge of the street. This will accept stormwater
from two catchbasins located 100 feet from the intersection of
the cul-de-sac with Arthur Street. The sedimentation basin will
allow sediment and other pollutants to."settle out" prior to
stormwater entering the wetland to the north. The Gity typically
requires detention basins which are dry as opposed to
sedimentation ponds which retain some water. The petitioner has
not sized the pond to detain the required amount of water due to
the increase in runoff as a result of increased impervious
surface.
The stormwater pond will need to be maintained by the
Archdiocese. The Archdiocese will need to execute and record a
stormwater pond maintenance agreement. An easement shall be
ded�icated over the pond preserving it for stormwater purposes.
The pond shall not be located on the residential lot 7.�
**Stipulation** The stormwater pond shall be sized to meet.
the detention requirements of�the City.
**Stipulation** The Archdiocese shall esecute and recosd a
stormwater pond maintenance aqreement �
�,,;� providing for ongoing maintenance of the
� ' pond.
Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 5
**Stipulation**
Utilities
A drainaqe easement shall be dedicated over
the stormwater pond.
The petitioner has submitted a preliminary utility plan. Two
watermains are located on the subject parcel, one 10-14" main
located within the 25 foot utility easement, the other 6" main
located in an east-west location approximately midpoint on the
parcel. The 6 inch main connects and is perpendicular to the
larger main (see utility map). The petitioner will install water
and sewer lines within the proposed right of way to service the 7
lots. The petitioner proposes to "loop" the watermain within the
right of way to eliminate a dead-end line. The Engineering
Department has stated that this is not acceptable. Connection to
either of the watermains located on the parcel will be required.
If connection to the 6" main occurs, a 25�foot easement will be
required to be dedicated. A 25 foot easement should also be
dedicated over the connection line. The easement may be 20 feet
between Lots 6 and 7.
*�Stipulation** The petitioner shall connect the watermain
(June 29, 1994) with either the 10-14�� or 6�� mains located on
the property.
**Stipulation** The petitioner shall dedicate a 25 foot
(June 29, 1994) easement over tbe water connection line. If
the 6�� main is used, a 25 foot easement shall
also be dedicated.
STAFF QPDATE (Auqust 2, 1994)
The petitioner investigated the two alternatives proposed by the
Engineering Department for looping the watermain (see memo dated
July 21, 1994). Due to the impact to the trees on-site, the
Engineering Department will accept the looping of the watermain
within the right-of-way as proposed by the petitioner. The above
two stipulations should be deleted. A new stipulation is
proposed: �
**Stipulation** The desiqn details of the 6 inch wa*eratain
loop as proposed by the petitioner shall be
approved by the Public Aorks Director. This
option is acceptable only if the trees�
indicated in the Royal Oaks memo dated �uly
21, 1994 are not removed as a result of any
other construction.
,
�
/`'1
�� Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 6
�
�
The two lots on Matterhorn will require that both sewer and water
services be installed from the mains to the property lines.
**Stipulation** The petitioner shall install water and sewer
services to the lots on Matterhorn and shall
pay the appropriate connection fees.
The Metropolitan Waste Control Commission will require payment of
Sewer Availability Charges (SAC). The current fee is $800.00 per
owner occupied unit.
**Stipulation** SAC fees shall be paid at the time of
buildinq permit issuance.
The Engineering Department has reviewed the preliminary drawings
for grading, utilities, and road construction. Their
requirements are outlined in Scott Erickson's memo dated June 22,
1994.
**Stipulation** The petitioner shall comply with the comments
listed in Scott Erickson�s memo dated June
16, 1994.
Grading and DrainaQe
The petitioner has submitted a preliminary grading and drainage
plan for the entire plat. Individual grading plans with erosion
control measures clearly defined shall.�be submitted for each lot
prior to the issuance of a building permit. Staff will review
the plans for compliance with Chapter 208, "Erosion Control" of
the City Code, and for compliance with the stipulations outlined
in the Section "Wetlands" of the staff report for wetland
preservation.
**Stipulation**
(June 29, 1994)
STAFF IIPDATE
Individual qradinq and erosion control plans
shall be submitted for eaah lot prior to the
issuance of a buildinq permit.
The petitioner submitted language to include the words "tree
preservation" in the stipulation. Staff concurs with the
requested change.
Wetlands
Two Type 5 wetlands are located on the property in the southeast
corner. The wetlands were delineated as required by the O-4
Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 7
Overlay Ordinance and State Statute. Staff and the City's
consultant reviewed the delineation with a site visit on June 20,
1994. The consultant confirmed the delineation as being
accurate. The consultant stated that the delineation was
"conservative"; the delineation line was well outside the edge of
the wetland.
It was observed that improper fill of the wetland to the east has
occurred. Barrels, sand, construction debris, grass clippings,
etc., have been dumped in the wetland. These items should be
removed and the wetland restored.
**Stipulation** The improper fill in the wetland shall be
removed and the wetland restored.
The petitioner is not proposing to drain or fill the wetlands.
Lots 5, 6, and 7, Block 1�ill have portions of wetlands on them.
In reviewing the plat, staff has the following recommended
stipulations to preserve and protect the wetlands on these lots:
**Stipulation** Restrictive covenants shall be recorded
aqainst Lots 5, 6, and 7, Block 1 preventinq
any filling of wetlands including brush,
qrass clippinqs, trash, etc. Accessory
structures and footinqs for decks, additions,
gazebos, etc. shall not be located in the
wetlands as delineated on the plat.
**Stipulation** No grading shall occur below the elevation
(June 29, 1994j 948 on Lots 5 and 6, Block 1. No qrading
shall occur below the elevation of 953 on
7, Block 1.
STAFF IIPDATE
of
Lot
The petitioner submitted language to add a minimum floor opening
elevation for each of the three dwellings. Staff concurs with
the request change.
**Stipulation�*
Trees
The dwellinqs on Lots 5, 6, and 7, Block 1
shall be located a maximum 10 feet from the
lot line opposite the wetland.
As was stated earlier, a number of mature trees exist in each
part of the proposed plat. A number of trees will need to be
removed in order to construct the proposed road. The developer
�
C"`,
'^ Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 8
�
has clearly marked the construction limits on the proposed
grading plan. The construction limits follow the right of way
line and include the sedimentation pond on the north. Section
211.08.03 of the City Code requires a developer to plant two
trees per lot for each residential subdivision.
**Stipulation** Two street trees per lot shall be planted by
the petitioner.
The trees remaining on the lots should not be clear cut. The
grading plan submitted for each individual lot should inventory
all trees 4" in caliper or greater on the lot and indicate.which
trees are to be removed for construction of the dwelling. This
shall be done prior to the issuance of a building permit.
**3tipulation** The qradinq plans for each lot shall indicate
(June 29, 1994) all trees 4�� or qreater in caliper located on
� the lot and shall indicate which trees are to
be removed to allow construction of the
dwellinq.
STAFF IIPDATE
The petition�r submitted the following revised language for this
stipulation:
"The individual grading, erosion cqntrol, and tr�e pr�eservation
plan for each lgt shall clearly show:
A. The grading limits for the construction of the new home.
B. The location of warning signage (tree protection ribbon)
that will be placed around the perimeter of the construction
limits protecting all significant trees outside the
construction limits.
C. The location of a�y significant trees to be saved inside the
� construction limits. Any significant trees to be saved
shall have fencing around it extended out the dripiine."
Staff concurs with the requested language with the following
addition: "Work shall nc�t commence until City staff has field
inspected items B and C of the stipulation."
**Stipulation** Th8 lots sball not be clear cut.
Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 9
STAFF IIPDATE
The petitioner has requested that the stipulation be amended to
— read: "The lots shall not be clear cut of significant trees."
a_ Staff concurs with the recommended change as it will allow the
clearing of the understory.
Environmental Assessment Worksheet
The neighborhood has expressed concerns regarding the
environmental impact of the proposed development (see letter from
Friends of Innsbruck Park). They have informed staff that they
will petition for an Environmental Assessment Worksheet (EAW) to
be completed. If it is determined that an EAW is required, the
rules state that no action can be taken on the project by the
City. The Planning Commission should table action, including
conducting the public hearing, on the request until the EAW is
complete. Staff will provide a verbal update regarding the EAW
process at the meeting.
�
The Parks and Recreation Commission reviewed the request at its ^
August 1, 1994 meeting. Commissioner Young suggested that a
buffer of existing vegetation be maintained along the south
property line to protect the adjacent properties from the
development. Staff suggests the following stipulation to address
this comment:
**Stipulation** A 15 foot ��no cut�� easement shall be
established alonq the south property line of
Lots 1- 5, Block 1, Totino-Grace Addition.
The easement shall prohibit the cuttinq of
trees or clearing of understory except for
the removal of dead or diseased trees.
RECOMMENDATION/STIPIILATIONS:
Staff recommends that the Planning Commission recommend approval
of the request to the City Council with the following
stipulations: �
l. A restrictive covenant shall be recorded against Lot l and
2, Block 2 preventing the removal of vegetation except for -
dead/diseased trees.
2. outlot A shall be named as a"lot" in the plat.
3. The dwelling on Lot 1, Block l, shall face Royal Oak Court.
r""� Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 10
4. The significant trees along the side lot line of Lot 1,
Block 1, within the 17.5 foot setback shall be preserved.
"Significant trees" are defined as those six inches or
_. greater in caliper.
5. Verifying surveys shall be submitted prior to the capping of
the foundation.
6. The petitioner shall pay a park dedication fee of $1500.00
per lot (9 x$1,500 =$13,500)at the time of building permit
issuance.
7. The stormwater pond shall be sized to meet the detention
requirements of the City.
8. The Archdiocese shall execute and record a stormwater pond
maintenance agreement providing for ongoing maintenance of
the pond.
9. A drainage easement shall be dedicated over the stormwater
�"`` pond .
10. The design details of the 6 inch watermain loop as proposed
by the petitioner shall be approved by the Public Works
Director.
11. The petitioner shall install water and sewer services to the
lots on Matterhorn and shall pay the appropriate connection
fees.
12.. SAC fees shall be paid at the time of building permit
issuance.
13. The petitioner shall comply with the comments listed in
Scott Erickson's memo dated June 16, 1994.
14. Individual grading, erosion control, and tree nreservation
plans shall be submitted for each lot prior to the,issuance
of a building permit. .
15. The improper fill in the wetland shall be removed and the
wetland restored.
��
Staff Report
PS #94-05, Keith Eibensteiner
for Biltmore Construction
Page 11
16. Restrictive covenants shall be recorded against Lots 5, 6,
and 7, Block 1 preventing any f�lling of wetlands including
brush, grass clippings, trash, etc. Accessory structures
_. and footings for decks, additions, gazebos, etc. shall not
-: be located in the wetlands as delineated on the plat. The
language shall be reviewed by the City Attorney.
17. No grading shall occur below the elevation of 948 on Lots 5
and 6, Block l, and the lowest basement floor opening shall
be at the 950 or above elevation. No grading shall occur
below the elevation of 953 on Lot 7, Block 1, and the lowest
basement floor opening shall be at the 955 elevation or
above.
18. The dwellings on Lots 5, 6, and 7, Block 1 shall be located
a maximum of 10 feet from the lot line opposite the wetland.
19. Two street�trees per lot shall be planted by the petitioner.
�
20. _The individual grading erosion control and tree
preservation �lan for each lot shall clearly show• r`1
A. The aradina limits for the construction of the new
home.
B. The location of warning signage (tree protection
ribbon) that will be placed around the perimeter of the
construction limits protecting all significant trees
�� outside the construction limits.
C. The location of any significant trees to be saved
inside the construction limits Any significant trees
to be saved shall have fencing around it extended out
the dripline."
Work_shall not commence until City staff has field inspected
items B and C of the stipulation
21. The lots shall not be clear cut of significant trees.
22. A 15 foot "no cut" easement shall be established along the
south property line of Lots 1- 5, Block 1, Totino-Grace
Addition. The easement shall prohibit the cutting of,trees
or clearing of understory except for the removal of dead or
diseased trees.
r'"`,
' _. I
P.S. ��94-05
Keith Ebensteiner
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LOCATION MAP
P . S . 4� 94-05
Keith Ebensteiner �
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MEMORANDUM
TO: Scott Erickson, City of Fridley Engineering Dept.
FROM: Mike Black and Keith Eibensteiner, Biltmore Constructron
DATE: July 21, 1994
SUBJ: Totino Grace Addition -- Water main loop
M'�-�-C
1/�'• �' �-
�-lo'
This memo is intended to document the existing conditions found on Monday, July 18,
1994, when investigating a water main loop from Royal Oak Court in a Northwesterly
direc;iion tuwards the Totino �race High School. '�he approximare distance of looping
the water main towards the high school is 450 feet or about 85 feet longer than looping
the line back out to Arthur Street in Roya1 Court.
Our major concerns with looping the water main in the northwesterly direction are:
1. The impact on significant trees. Our inspection revealed
that eight large trees would be unpacted. They . are: 25 ft.
high spruce, 10 inch aspen, 2 ft. oak, 4-6 inch oak, 2 ft. oak,
3.5 ft. oak, 3 ft. oak and 2 ft. oak. In addition, the water
main construction would re�uire the removal of a11 ground
vegetation, smaller trees and plant life and would have the
appearance of a walkway to and from the school yard.
2. The close pro�cimity of the water main extention to the
e�sting building. We are concerned for the possible under-
mining of the building foundation when extending the pipe
around the southwest comer of the building.
3. A twenty-five foot utility easement between lots 6& 7
will reduce the buildable area on each lot. We have agreed
with the Planning Commission to construct the homes on Lots
6& 7 as far back as possible from the wetlands on each lot.
A water utility easement is contrary to that objective.
In summary, it is our belief that looping the. water main in Royal Oak Court back out to
Arthur Street is a more viable alternative. It would be environmenta.11y sensitive to the
site's natural conditions and it will function and serve the purpose of a"looped system'°
that the City has requested. �
4196 Lexin�,rton Avenue • Shoreview, Minnesota 55126 •(612) 483-5518 • Fax (612) 483-5642
- _ - ' TO:
FROM:
DATE:
SUBJECT:
Engineering
ISewer
�Ya�f�r
'Patks ��
ISireets
��Main;enance
ME MORANDUM
' Barbara Dacy, Community Development Director
Michele McPherson, Planning Assistant
John G. Flora,,Public Works Director
Scott Erickson, Assistant Public Works Director
June 16, 1994
Preliminary Utility and Grading Review of the Totino Grace Plat
PW94201
1. It is recommended to administer the project similar to the street and utility construction that was
performed by Wal-Mart. The developer will provide all plans, soil borings, design, inspection,
surveying and corrtractor. The developer wili petition the City to administer the construction and
inspection of the road.
2.
3.
4.
5.
6.
7.
8.
9.
�
Prefer the developer loop the watermain from Arthur Street to the existing main located on the
Totino Grace propetty.
Instatl valves on the watetmain at both ends.
A 20-ft utility easement will be necessary for the watermain extension within the plat. Easements
in outlot A should be 25 ft wide.
Show the existing invert elevations of the sanitary sewer manholes in Arthur Street.
Design the new sewer main with the maximum grade possible, currently it is shown at minimum
grade.
Ali utilities shall be installed per City of Fridley specifications and will be inspected by the City.
The lots located off of Matterhom Drive do not have water or sewer services �tubbed to them.
Coritractor will install to City standards. Street patch to be completed by City. �,
Use 20-ft radius B618 curb retums on Arthur Street. '
10. Water and sewer lateral fee assessments will be appiied to each lot. An additional street and storm
sewer assessment will be included for the lots located off of Matterhom Drive. �.
11. Provide a street and utility plan showing plan and proftles.
12. Use NEENAH R-3250-A for catch basin grates and NEENAH R-1733-A lids and castings
(27 in. diameter) for manhole covers. �
�
�,
: .�
June 24, 1994
�-., Page 2
13. Install a grate on the end of the storm pipe outlet.
14. Soil borings will be required in the street design.
15. Erosion control plans will need to be submitted for each lot or include them on the plan.
�-----� 16. Erosion control shall also be installed around the catch basins.
17. The storm pond is cuRently located on private property.
18. Adjust the alignment of water and sewer main locations as noted on the attached drawing.
19. A Storm Pond Agreement will need to be executed.
20. An easement should be added around the ponding area The pond should be located entirely on
outiot A.
21. The City of Fridley requires a deterrtion basin to be installed to han.dle the increased flow rates
caused by the developmeM. Please submit pre and post development hydrology calculations, time
of concent�ation calculations, ponding calculations, and hydraulic calculations for a deterrtion pond
with a restricted outlet. Provide a naRative on what you are proposing to do.
�
22. An overflow outlet should be clearly shown on the pian. The outlet should be constnacted to
overflow and tie into the existing storm pipe located in Arthur Street.
23. The cul-de-sac should have a radius of 45.5 feet. Adjust curb and right-of-way lines accordingly.
SE/JGF:cz
�
0
r �
�
J
� DATE:
TO:
FROM:
SUBJECT:
Community Development Department
�I�ANNING �TVISION
City of Fridley
July 29, 1994
Barbara Dacy, Community Development Director
Scott Hickok, Planning Coordinator
Michele McPherson, Planning Assistant
July 26th Meeting with John Haluska and Lisa
Kugl.er of the Trust for Public Land
I met with John Haluska representing Friends of Innsbruck Park
and Lisa Kugler of the Trust for Public Land on July 26, 1994.
The three of us first walked through Innsbruck Park and then the
proposed development site on the Totino-G°race property. We then
returned to Mr. Haluska's house at which point Ms. Kugler asked
the foliowing questions:
l.
2.
3.
4.
5.
How does the City fund park acquisitions and park
maintenance?
What is the amount of the capital improvement budget?
What types, if any, of long-term acquisition projects for
park land by the City?
Current amounts of undeveloped and park land (she asked this
question to determine the possibility�of a referendum).
How does the budget process work, and what is the timing for
adding projects to the capital improvement budget?
6. What is the timeline for the current plat process?
It is my interpretation that the purpose of the question's was to
determine possible municipal funding sources for payback'•to the
Trust for Public Land. Mr. Haluska requested information
regarding the Trust for Public Land's application process so that
a formal proposal could be submitted to the Trust for Public Land
by the Friends of Innsbruck Park. Ms. Kugler indicated that the
Trust for Public Land typically does not work actively on ,
projects unless a positive funding source has been identified for
payback of Trust for Public Land funds. Mr. Haluska indicated
that he would like to pursue a Legislative Commission on
� July 29, 1994
Haluska/Trust for Public Land Meeting
Page 2
Minnesota Resources grant application as well as possible special
assessments in the neighborhood as a source of funding. However,
work has not commenced regarding either of those two options. I
spoke with Ms. Kugler via telephone on Thursday, July 28, 1994
and posed the question, "Has the Trust for Public Land ever been
a permanent land owner?" Ms. Kugler's response was an emphatic,
-� "Never".
Mr. Haluska also discussed the possibility of the Friends of
Innsbruck Park pursuing legal action against Biltmore
Construc�ion under Chapter 116 of the State Statute. He
indicated that he was not interested in pursuing litigation
against the City regarding the proposed development. It appears
that they have had discussions with the Center for Environmental
Advocacy regarding this option. Mr. Haluska is awaiting return
of two attorneys before pursuing legal action. The attorneys
should return August 5, 1994.
This is for your information. If you have any further questions
regarding this item, please contact me.
MM/dn
��
M-94-408
�
i� �
TO: File
DAT$: July 26, 1994
FROM: Siah St. Clair
Rr�rARnIHG: Grace Hiqh School - Innsbruck "Royal Oak Court
Development Visited on July 7, 94 11:00 A.M.
--------------------------------------------------------------
This area is typical of the north Innsbruck area in its Iand form
-� and biotic community. This area is glacial pot hole terrain with
- gravel soil and several feet of water at the bottom of the pot
hol.es forming open water ponds. The vegetation is old white oak
forest with a diverse collection of shrub and forb understory. The
ground is covered mostly with old leaves, open in places, densely
tangled with under-growth in others. The topography is constantly
changing over the range of 25 feet in difference from the highest
point to the lowest. Many of the impressive larg� white oaks are
between 24 and 30 or more inches in diameter, making them probably
between one hundred and two hundred years old. The water .in the
westerly ponds is very clear with very little algae growth. It is
easy to see to the bottom of the ponds.
There is some evidence of people using the site, with well worn,
trails into some of the homes, some yard debris, left over beer
party materials (cans, bags, etc.) and occasional golf balls,
tennis balls, and assorted litter. The easterly la`rge wetland has
construction materials dumped relatively recently (last 5+ years)
and a large apron of brownish orange silt is growing (42'x20')
nearby on the north end of the pond with little growing in it.
This grows right into the water. This site is very similar to the
Innsbruck.Natural History area to the east of this site (separated
by Arthur Street). Mammals and birds would use both areas for
their survival needs, for example food and shelter. Evidence of
raccoon and deer and prior sightings by myself in this area of red
fox and great horned owls, suggest this since territories of these
animals are normally larger then the combined acreage of these two
sites combined.
�'`�
Development of this proposed site from its present natural state
will eliminate its use as habitat by numerous song birds, birds of
prey, small and medium mammals and other wildiife. It will also
remove many beautiful and impressive old growth white oaks, diverse
understory vegetation and significant green space. While a
reduction of green space would obviously occur, it is doubtful that
removal of this space as natural habitat will act as a threshold
causing the collapse of any ecosystem functioning in the Innsbrnck
Natural History Park. �
�,
The following observations were made by myseif on this date, July
25, at the site at approximately 11:00 A.M.
E��`�i�
White oak
Red Oak
Quaking Aspen
Cottonwood
Black Cherry
Green Ash
Pin Cherry
American Elm
Box Elder
Hackberry
Gray Dogwood
Round Leafed Dogwood
False Solomon Seal
Interrupted Ferns
Lady Fern
Mammals�
Meadow Rue
Buck Thorn
Smooth Sumac
Virginia Creeper
Wild Grape
American Hazel
Red Baneberry
Night Shade
Mountain Ash
Sarsasparrila
Wild Geranium
Wild Rose
Green Briar
Poison ivy
Wild Raspberry
�� White Tailed Deer (Tracks)
Gray squirre2
Cottontail Rabbit
�
Mourning Dove_
Cedar Waxwinq �
American Robin
Tree Swallow
Black Capped Chickadee
�
`,
.�
r _
�
- "- DATE :
TO:
FROM:
Community Development Department
PLANNING DIVISION
City of Fridley
July 22, 1994
William Burns, City Manager
Barbara Dacy, Community Development Director
SUBJECT: Consideration of Environmental Assessment
Worksheet for Grace High School Addition, by Keith
Eibensteiner for Biltmore Construction of New
Brighton, Inc.
The City Council at the July 11, 1994 meeting asked staff to
research a number of items regarding the property proposed to be
subdivided into seven single family lots in the southeast.corner
of the Totino-Grace property. To follow are responses to each of
the items requested by the City Council.
1. The Citp Council wanted information on the Charles Cook
project and wanted to know whp it was not approved.
In 1986, Charles Cook submitted a preliminary plat request, P.S.
#86-06, Valley Oaks, to create seven lots on 3.25 acres just
north of the Islamic Center and south of the Moore Lake Hills
subdivision which contains Hillcrest Drive. The Planning
Commission on December 10, 1986 recommended approval to the City
Council with 11 stipulations. On January 5, 1987, the City
Council conducted a public hearing. At issue during the public
hearing was stipulation #2 which stated that the developer must
pay for all assessments for public improvements necessitated by
the plat. Storm water improvements were required to handle not
only the runoff from the subject development, but also runoff
from adjacent properties. The petitioner objected to the
requirement to pay for all of the potential assessments. The
City Council closed the public hearing the same evening:. There
was no further action on the plat by the City Council. Although
there is no letter in the file from the petitioner withdrawing
the application, it is assumed that the requested stipulation was
not agreeable to him and he did not pursue final action on the
plat. (See City Council minutes from 1987) -
Grace �igh School Addition Property
July 22, 1994
Page 2
2. How larqe ig North Inusbruck Nature Center and when was it
acquired?
The City of Fridley Parks and Recreation guide states that the
_, park area is 24.0 acres. The parcel was dedicated as a park as
-: part of a 1971 agreement with Acres Inc., who requested R-3
� zoning for the property. The City eventually received a deed in
1976 from Darrel Farr Corporation, developer of the Innsbruck
Townhomes.
3. Outline the oriqinal land area for Pecks Aoods.
Staff obtained a copy of a 1938 aerial from Anoka County. The
aerial is not reproducible in an 8 1/2" x 11" format, but it will
be presented.at the City Council meeting. �Based on the 1938
aerial,, there is a large wooded area which extends from Rice
Creek Road on the�north to 49th Avenue and Highl.and Lake to the
south in Golumbia Heights, into New Brighton on.the east, and .
approximately along the Matterhorn Dri�ze alignment on the west.
Staff�estimates that the total acreage of this �aoaded area is 640
acres. Based on testimony from Mr. Haluska and other long-time
/�, residents, this area seems to match what is known as Pecks Woods.
4. When was.Arthur Street developed, and was it part of Pecks
Woods?
Arthur Street, adjacent to the Totino-Grace property, was
constructed in 1972. The street is within the area known as
Pecks Woods. The proposed Valley oaks plat discussed above in #1
is also part of the wooded area identified in the 1938 aerial.
5. Aas there any prior coasideration of any or all of Pecks
Aoods as a City park?
The Mayor reported that the City Council informally discussed
preserving Pecks Woods, north of I-694 in 1964. The size and
cost of acquiring the property was too prohibitive at the time.
A portion of the Islands of Peace park was acquireci the same
year. As is explained later in this memo, the Innsbruck Nature
Center was dedicated in 1971, preserving 24 acres of the•,original
Pecks Woods. •
6. How larqe is the Sprinqbrook Nature Center?
The Parks and Recreation guide states that the Springbrook Nature
Center is 127 acres. . �
/"`,
Grace High School Addition Property
July 22, 1994
Page 3
7. Haw did the Citp acquire Springbrook Nature Center, and when
was it dedicated for open space?
The City acquired the land for the Nature Center in 1971. In
___, 1974, the City Council designated it as a Nature Center (see
_ � "Nature Center History").
8. How unique is the property proposed to be platted in terms
of communities of ferns, woodland plants, flora, and fauna?
Staff retained Ron Peterson of Peterson Environmental Inc. to
address the environmental issues raised by this question.
Peterson's report is attached. No unique species of plants or
animals was found.
9. On the Wal-Mart site, were aertain trees marked for savinq,
and did the developer follow-through in preserving those
trees?
Siah St. Clair and I worked extensively with the Wal-Mart
contractors about preserving the oak trees on the property. The
stipulation as part of the plat approval was to preserve as many !`�,
large oak trees as possible. The grading plans submitted to the
City Council during plat consideration did indicate removal of
the vegetation on the site except for the wetland areas that were
proposed to be al'tered in conformance with the wetland alterat.ion
permit approved by the Army Corps of Engineers and the Minnesota
Pollution Control Agency. Because of the extensive amount of
grading occurred, the ability to save a number of trees was
compromised; however, the existing trees now on the Wal-Mart site
were as a result of insistence by City staff to create
appropriate retaining walls and to minimize intrusion into the
drip-line areas of the oak trees. At the time of site grading,
it was not known that Slumberland was going to construct a
building on the vacant lot. Four trees were preserved on that
property, however, staff acknowledged that it may not be possible
to preserve all of these trees depending on the development plan
of this particul�r lot. Fortunately after working with
Slumberland, we �vere able to preserve three of the four trees.
l0. Is money available from a third party organization?• How
committed is the third-party organization to provide.money
for the acquisition of the Totino-Grace property?
Included in the�information for the City Council is a copy,o� the
brochure entitled The Trust for.Public Land. Michele McPherson
contact�d the staff inember from The Trust on July 12, 1994. In �
essence, The Trust purchases properties for preservation and then
transfers the property to a long-term owner. The Trust is an
�
�,
�
Grace High School Addition Property
July 22, 1994
Page 4
interim financing vehicle only. The staff inember from The Trust
states that no funds have been committed to the purchase of the
3.5 acres of the Totino-Grace property because they have their
own review process which takes approximately four weeks. Michele
was invited to a meeting initiated by Mr. Haluska with The Trust
staff person, Lisa Kugler, on July 26, 1994 at 1:00 p.m. at Mr.
Haluska's home (see memo dated July 14, 1994 from Michele
McPherson). We will update the City Council regarding the
outcome of that meeting.
11. How much of the City•s park property is set aside for
passive recreation, and how does it compare with the other
li cities?
Of the 490 acres of City parks, 340.3 acres can be considered as
"open space", or areas where a significant majority of the park
is•left in its natural state. The acreage includes Springbrook
Nature Center, Innsbruck Nature Center, West Moore Lake Dunes,
Riverview Heights, and the two County operated but City owned
parks, Locke Lake and Isiands of Peace. Staff surveyed other
cities (see attached chart). The cities did not have a break-
down of passive, active, or open space acreage readily available.
Fridley ranks 6th out of the il cities in terms of the total area
of municipal parks versus'total area in the City.
12. Where does the City of Fridley stand in relation to National
standards for open space reserved for passive recreation?
The Natural Recreation and Park Association does not have a
recommended standard for open space or "conservancy" parks (see
attached matrix from NRPA). Fridley exceeds the NRPA standards,
however, for the amount of park acreage. The standards require
180 - 310 acres and the City owns 490 acres.
13. How much is the Innsbruck Nature Center used?
Without conducting a detailed survey, it is difficult for staff
to quantify the activity at the park. No statistical information
has.been found in the park files.
14. How much maintenance requirements would there be if�'the
Totino-Grace property is turned into a park or passive
recreation area?
John Flora prepared a memorandum dated July 19, 1994 which•
estimates an annual cost to the Public Works Department for�
maintaining the additional park area of approximately $1,800.
Grace High School Addition Property
July 22, 1994
Page 5
15. Can the City require an EAW?
The City Attorney contacted the attorney for the Environmental
Quality Board and has prepared another opinion which is included
for the City Council's review. The City cannot require an EAW.
-_ Herrick believes that the plat stipulations are adequate to
`" address the environmental issues such as wetland and tree
preservation (Herrick has spoken with Mr. Haluska about his
opinion regarding the EAW).
RECOMMENDATION
It is clear, based on the advice of the City.Attorney and the EQB
attorney, that an EAW cannot be required for this project.
Unless the City Council chooses to acquire the subject property,
staff recommends that the City Council refer the plat to the
Planning Commission for action at its August 10, 1994 meeting.
BD/dn
M-94-392
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i. Qy City in 1g71, ,?� acres purct�a�ed
fur ; r"_75,U04: 0�� ihi � a�o�!ni:,
�173,2�0 wa� al�ra;,dr-�ci th� Cit,y tr,t• �.
���� purchase �.�+�de�° 19i nnesota �taz�_:�°al
Res�u�,ce and l.A!•1COi�J Grant adr�i ni strati on. �•�° .� s� �
T�i� C;1:y's share was �101,750. ��������"�
?. Thrn��c�fi negoti ati on L��i th tdorthern Sta�es Power Conpany, 3 acres i n
ti�e SI1 corner added to �ark. Purchased by ��SP as parti a� condi ti on
to cr�oss park property with second no��er line.
Park designa�ed a P�ature Center in 1974 by City Gouncil.
C. Parl; leased to Springbrook Nature;Center Foundation on April 1, I975.
Re�rtal �l/��ear for 5 year term. � �
D. Foundation presented�their�Cor�prehensive Plan for thp Sprin�brook
Nature Center at P�ortli Par{; i n Anri i, 1�976. � .
E. In 1975, the Foundation received a�5.4,000 50n matching ,qrant fror� the
State t�aicura7 Resources Fund.
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r. In Jime i979, a$364,000 grant ti•ra.s recei�ed from the ��letra�olitan Council `s
Park and Oper� Spaces•�Cor.unission ior an interpretive building.
G. in 19�1, the Ci �y rer.eived irom� the Founcation, �19,�00 i:o assist in
au;1�i:�g constructio� co�ts.
1; � I:� 19�1, ��r�� Ci ty rec�-:� ���ed an ad.� ;+.i or,ai �7, 000 fro: ���he t�etrona I i �an
Cou�cil fo�~ var��al sz;u��c�;•s.
.;_ o �11 .L�i�utJ,� �LflL� FGtdnud'i. � t?�1 C! i C� Ilf)t 2"r',l�'�� i i.5 � EaS2 f�?T' i.�i� oari:,� �za Li ng
' ilt:.'i: 1'i; r3� dC�COT'.ipllyi�IcG Ii:S OJIi'C�1V(ySo '�
�{ + �"1 �" �' � / ^ �„ �.; � 1 — A �� 1 J J, e
� rt A,•. ����, er��r�'�s �i�a � accur��' : �,c�:a 1 �'-�
;.. f�erir�e��r sp � � �-�°�:-i i �� �;�c�� �:� �ace� af�:.�ur�d p���k. �
2 , ; ��;-i.7 e �� �ierp�,e�ci :�e ',;rai 1 d�: ; ���.:� : ti�; �o�c�,� ps 1 ai � c��:�r�.
�. GSti� feei: oi= �cal�dr�a �!: fl�:e:^ ��c•,� + arez7 canstruc �eci.
�+. Pcrr}a; �er ���ar�;-i nc� 1 o�c. :.o��s �ri: ��:.ed. .
QUESTION #7
PETERSON
ENVIRONMENTAL
CONSULTING, INC.
-- ' July 21, 1994
Ms. Barbara Dacy
Planning Coordinaxor
City of Fridley
6431 University Avenue NE
Fridley, Minnesota 55432
Subject: Totino Grace Addition
PEC Project No. 94046
Dear Barbara:
�
As requested, Peterson Environmentail Consulting Inc. (PEC) has completed its field review of the
na.tural resource features loca.ted within the southeast portion of the Totino Grace Addition in �
Fridley,lVfinnesota. This portion of the proposed addition is 3.5 acres in size and is located in the
Nl/2 of the NW1/4 of the NEl/4, Sec. 24, T30N, R24W. The project site abuts Arthur Road to
the east, a residential area to the south and Totino Grace H'igh School facilities to the north and
west. The overall objectives of our review were to detem�ine: (1) the accuracy of the wetland �
delineation performed on the site, (2) the diversity of native plant species present on the site, (3)
whether the species observed were indicative of a relatively undisti,rubed, remnant native plant
community, (3) the likelihood that threa.tened, endangered or special concem plant species might
be present on the site, (4) the overall wildlife habitat value of the project site and (5) the extent to
which the project site is ecologically linked to Innsbruck Natiue Center to the east. We are aware
that the City is considering an EAW thus our analysis was done at a level of detail sufficient for an
EAW. Our methodology and results are described below.
Methodology
In reviewing the wetiand delinea.tion for the site, we utilized the Federal Manual for ldenti ,+ing
and Delineating Jurisdictional Wetlands (Interagency Task Force on VVetland 'Delineation
1989)(hereafter referred to as the "1989 Federal Manual"). The use of this manual is mandated
by the Wetland Conservation Act of 1991 (WCA). �,
In order to evalua.te the botanical character of the site, a floristic mea.nder search of the entire ^
parcel was conducted on 7uly 15, 1994 by PEC's botanist, Mr. Glenn Vande Water. This method
QUESTION #8
3209 West 76ih Street, Suite 207 ■ fdina, : � 55435 ■ 612-831-8565 ■ Fa.� 61?-831-8; ��
Ms. Barbara Dacy
July 21, 1994
�,, PEC Project No. 94046
Page 2
permits the reviewer to adequately sample botanical diver-sity within a given plant community by
progressively sampling the various micro-habita.ts within the community in a attempt to catalogue
all representative species that are present. Because sampling was done in mid-summer, we could
not fully survey plant species wluch flower in the fall or early spring; however, we do not feel
__, that any rare taxa would be encountered during these seasons based on the habitats present.
4 In order to assess the extent to which the project site might be ecologically related to Innsbruck
Nature Center, a brief botanical field assessment of this area was also conducted.
Results
Wetland Delineation Review
Wetlands on the proje.ct site were field delineated by Ms. Pat Arlig of Arlig Environmental. PEC
and Fridley City staff field reviewed the delineation with Ms. Arlig on June 20, 1994. We found
that the delineation was accurate and consistent with the 1989 Federal Manual. Two wetlands
exist on the project site; (1) an approximately 1.20 acre permanently flooded palustrine
unconsolida.ted bottom wetland (PUBI� and (2) an approximately 0.66 acre intermittently
� �posed unconsolidaxed bottom wetland (PUBG).
The first basin has retained a relatively lugh degree of ecological integrity given its urban
suiroundings, though it does r�;eive some stormwater discha.rge from the north and has a small
area. of historic fill in its northeast comer. The second basin lies at the westem edge of the site
and has been substantially degraded by � periodic, drastic water level fluctuations wluch are the
result of direct stormwater discharges from impervious surfaces to the north. The wetland
boundary showtt on the grading plan illustrates the extent of these fluctuations as the .boundary
lies at an elevation between 938 and 940 while the waxer surface elevation we observed was
roughly 932 to 934. Water level fluctuations in this basin have been sufficient to stress or kill
mature oak trees lying along its margins.
We specifically reviewed a series of small topographi�c depressions immediately south of the larger
of the two wetlands described above. None of these depressions constitute jurisdictional wetland
as defined in the 1989 Federal Manual. All of these depressions were vegeta.ted by upland plants
and no evidence of hydric soils or wetland hydrology was observed in any of these azeas. The
two wetlands identified by Arlig Environmental are the only jurisdictional wetlands Qn the project
site. The grading plan for the project proposes no filling or stormwater ponding impacts to the
two wetlands that have been delineateci on the site.
�"'`
Ms. Barbara Dacy
July 21, 1994
PEC Project No. 94-046
Page 3
Floristic Survev
Overstory Plants:
— The project site is characterized by an overstory of bur oak (Quercus macroccmpa), northern pin
-_ oak (Quercus ellipsoidalis), white oak (Quercus alba), box elder (Acer negundo), northem red
oak (Quercus rubra), black cherry (Prurrus serotina), eastem cottouvvood (Populus deltoides),
and quaking aspen (Populus tremuloides); these species are listed in descending order of
abundance.
Understory Plants:
�
The above described overstory is underlain by an understory of sapling and pole-sized bur oak,
northem pin oak, white oak, black cherry, American elm (Illmus americana), hackberry (Celtis _
occidentalis) and American ash (Frct�cim�s cunericafra). This understory has been heavily invaded
by a dense shrub la.yer domina.ted by common buckthorn (Rhamrrus cathartica), gray dogwood
(Corn�s �racemosa), taztarian honeysuckle (Lonicera t�ica), American hazelnut (Corylus
americnna), red-berried elder (Sambucus racemosa) grape-woodbine (Parthenocissus inserta),
and riverbank grape (T�itis t�ipr�ia). Shrub species noted to a lesser e�rtent include 1Vlissouri �—.,
gooseberry (Ribes missouriense), Smooth sumac (Rhus glabra), staghorn. sumac (Rhus typhina),
and garden red current (Ribes sativum).
Groundcover Plants:
The principal herbaceous species observed on the project site include false Solomon's seal
(Smilacina racemosca), Canada. mayIIower (Maianthemum canadense), sma.11 flowered buttercup
(Ranunculus abortivus), avens (Geum canadense), stickseed (Hackellia virginiana), white
snakeroot (Eupatorium rugosum), Tick-trefoil (Desmodium glutinosum) lady fern (Athyrium
felix femina) and interrupted fem (Osmunda claytoniana). Herbaceous species characteristic of
the fi-inge of the open waxer wetland systems include reed-canary grass (Phalaris c�°undinacea),
mild water-pepper (Polygo�m hyc�opiperoides), cut grass (I,eersia oryzoides), manna grass
(Glyceria grandis), sedge (Carex it�ibuloides), sedge (Carex vesicaria), smartweed dodder
(Cuscuta polygonorum) and hooked crowfoot (Ranunculus recurvvatus).
�
Ecological Integrity of Plant Community: \'
Although the canopy and several herbaceous plant species are representa.tive of a dry or mesic oak �
sava,nna, it appears that the relatively low basal area. of canopy species has allowed the'successful
encroachment of the exotic buckthom and honeysuckle shrubs, subsequently reducing tfie overall .
richness and abunda.nce of native species within the site. Both buckthom and honeysuckle are
Eurasian plants that are spread by birds which ingest and ultimately excrete their seeds. These r
sp;ecies have overtaken numerous woodlots throughout the Twin City metro area, effectively
Ms. Barbara Dacy
July 21, 1994
r--=,. PEC Project No. 94-046
Page 4
crowding out native understory plants. Based on observations in numerous other areas around
the Twin Cities, the persistent nature of these species will cause an ongoing reduction in the
diversity of native herbaceous and understory plants. No state threatened, endangered or special
concern plant species were observed during this field review. Criven the extent of the invasion of
____ exotic shrubs, this site appears to have little potential for harboring state threatened, endangered
_� or special concern plant species.
Innsbruck Nature Center has a species composition very similar to the.proje,ct site. The principal
difference appears to be tha.t the overstory plants in Innsbruck Nature Center are represent� by a
larger diameter class (i.e. more mature trees). The same exotic understory species tha.t. are
degrading the project site are also abundant within the park. Our analysis indicaxes that both
Innsbruck ATature Center and the project site are remnants of wha.t once was a 640 acre forest
stand locally known as Pe,ck's Woods. The combined areas of the park and the project site are
27.5 acres or 4 percent of the original stand. Reside�ial development in this area. has reduced
Peck's Woods to the two small remnants described above; these remnants are too small to
perpetuate the diversity of native plant species that undoubtedly once inhabi�ed the stand.
While the project site and Innsbruck Nature Center aze separated by an i�eivening roadway, they
�"� are essentially remnant components of one ecological unit. However, due to the degrad� natwe
of their plant communities and the absence of rare plant species, it is our opinion that neither
component represeirts an sensitive or umque botanical resource worthy of extraorciinary
protection by the City. .
Wildlife
Only a small amount of wildlife was observed during the field revie�v, wluch may partially
attributed to the time of season and the relaxively short field review period. Observations done in
mid-summer may miss songbird species that are most active during the spring breeding period.
Species observed during the field review include American robin (Tur�dus'nigratorius), common
grackle �QZ[ISCQ'Z2�S t�"UISC1lZQ�, house wren (Troglodytes aedon), blue jay (Cyanactta crista),
American goldfinch (Carduelis tristis), black-ca.pped chickad� (Pczr-us atricapillus), white-
breasted nuthatch (Sitcr cc�olinensis), ca,tbird (Dumetella carolinensis), common crow (Corvus
brachyrhynchos), northem cardinal (Cc�dinalis cardirralis), eastem chipmunk (Ta�nias striatus)
and fox squirrel (Scirurus niger): All of these species are common in urban areas�, and none are
listed as state threatened, endangered, or special concem. The Minnesota DNR Heritage Program
data. base for threaxened, endangered or special concem plant or animal species indicates that the
only species recorded within one mile of the project site is the Blanding's tuitle (Emydoidea
blc�rdingii). This species was recorded approximately one mile from the project site in New
Brighton. The Blanding's turtle prefers calm shallow waxer that supports a vaciety of �egetation
and sandy uplands for nesting. It is our opinion that the proposed project site does not afford
�' optimal habitat for the Blanding's turtle due to the existing ponds limited size and lack of
vegetaxive structural diversity and the absence of sandy upland sites within and adjacent to the
Ms. Barbara Dacy
July 21, 1994
PEC Project No. 94-046
Page 5
site. Aquatic habitat which appears more suitable for this species occurs within the Innsbruck
Nature Center; however, the site appears to be lacking suitable sandy upland nesting sites.
The project site probably supports a number of additional songbirds (e.g. wood warblers,
_ _, flyca.tchers), and ma.mmals (e.g. microtines) that were not observed during the field review;
_ however the species diversity and density of such is likely to be low given the character of the
plant community described above. No amphibian or reptile species were observed during the field
review; however, a detailed survey for such species was not conducted.
Based on our observations, the project site appears to support a number of common wildlife
species that readily adapt to an urban environment. We did not observe any unusual or rare
wildlife species or likely habita.t for such species. Consequently, it is our opinion that the project
site represents a typical forest remnant that, has been fragmented by long-term urban developme�.
Conclusions
�
A field review of this site revealed a number of vascular plant species representative of dry and
mesic oak savanna systems, however, the encroachment of non-native shrubs species has crea.ted
habitat that is not suitable to support the densities that ma.y be encountered within a more natural .�-�
oak ecosystem. Although this site does support a variety of wildlife it is at best only partially _
representa.tive of classic dry or mesic oak savanna systems. Lmsbruck Nature Center has a
species composition similar to the east site with the exception of harboring a higher number of
larger diameter canopy species. We feel that this site has undergone extensive degradation due
to invasion of non-native species and would not in it's current state be considered a unique na.tural
resource. Additionally the development of this site should not significantly alter the integrity of
the species composition that is represented within it and Innsbruck Nature Center.
We hope that the foregoing discussiott is of assistance in the City's planning activities. Please let
us know if there are any questions on our analysis.
Best regards,
Peterson Environmental Consulting, Inc.
I
,��_/lQ,i��.�,� - �
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�.�. � . .. .�
Wildlife Biologist
/"1
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- ' DATE :
TO:
FROM:
SUBJECT:
Community Development Department
�LANNING DIVISION
City of Fridley
July 14, 1994
� Barbara Dacy, Community Development Director
Michele McPherson, Planning Assi.stant
Phone.Conversation with The Trust for Public I�and
I spoke with Lisa Kugler of The Trust for Public Land on Tuesday,
. J�uly 12, 1994 regarding the Totino-Grace.project.. The Trust for
�� Puh1iC Larid� is an "interim property owner �in which they purchase
properties for preservation and theri transfer it to a long-term
owner. Specific to the Totino-Grace property, no funds have been
committed to the purchase of the 3.5 acres in the southeast
corner of the property. They have their own review process which
, is completed within approximately four weeks.
I will be meeting with Mr. Haluska and Ms. Kugler on July 26,
1994 at 1:00 p.m. at Mr. Haluska's residence (5660 Arthur
Street). The intent of the meeting is to walk the site and
examine it for potential purchase by The Trust for Public Land.
I intend only to be an observer at the meeting.
MM/dn
M-94-382
0
QUESTION #10
��
TRUST
F O R
PUBLIC
LAN D
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c�,� r�,�a
for People
� — July 13, 1994
Michelle McPherson
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
RE: Information you requested
Dear Ms. McPherson;
I have enclosed information on The Trust for Public Land you requested and also briefly
summarized below.
TPL is a national, nonprofit land conservation organization that works with public agencies
to help communities achieve their park and open space acquisition goals. Over the past.
twenty one years, TPL has facilitated the preservation of over 1,000 open space properties
throughout the nation, valued at just under $1 billion dollars. These 800,000 acres include
urban greenways, hiking and river-comdor trails, city center plazas and a myriad of parks
for recreation; and protecting environmentally significant aieas, such as meadows, forests,
viewsheds, and wetlands areas. Our work also includes adding significant holdings of public
land to state and federal parks and forest systems and preserving land for agricultural use,
open space buffers, shorelines and riverfronts, and land of historical and cultural
significance. •
TPL serves as a third-party buyer in these transactions. For public agencies, TPL provides a
service that involves a process of acquiring and "packaging" properties for eventual public
purchase. For landowners, TPL is often able to satisfy their timing and cash needs faster
and with more flexibility than the public agency. TPL can provide assistance in identifying
and securing funding, and providing options for financing over time. TPL also +�andles
details of the real estate transaction including appraisals, title review and environmental
reviews.
The Trust for Public Land
Midwest Region
420 Norch Fikh Saeec
Suite 865
Minneapolis, IvIN 55401
(612)338-8494
Fax(612)338-8467
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Michelle McPherson
July 13, 1994
Page 2
TPL supports its conservation work primarily through donations from landowners in the
course of land transactions. TPL also receives donations from other individuals, corporations
— • and foundations.
i�Ve look forward to worldng with the landowner, the City of Fridley and the interested
citizens. I shall see you on Tuesday 7uly 26 at 1 p. m. Please call me sooner if you have
questions.
Sincerely,
.
/ �&--
Lisa Kugler
Project Manager
CC: John Haluska.
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What is the
Trust for Pt�blic Lund?
The Trust for Public Land (TPL) helps _to
provide public open space to people in
and around where they live. In 1990, TPL
opened its Midwest Regional Office in
Minneapolis to serve communities in twelve
midwestem states. Over 700,000 acres around
the country have been protected for public
use since 1972 and over ?5,000 acres in the
midwest states.
TPL works in advance of local, state and
federal acquisition programs, acting as a land
bank to help secure appropriate lands for
public protection when they are available.
We hold these laiids temporarily until
funding is avaitable for.permanent public
ownership and management. We buy land
outright, we purchase options to buy the land
in the future; or we design conservation
easements to keep,land in private ownership
while protecting it'as open space:
The .varied communities in the �Midwest, like
the landscape in which they developed, have
been shaped by a wide range�of cultural ani� -'
geographical events. The open'spaces that
make these places unique are the lands that
TPL protects. Froin wildlife habitat to trails
and riverfronts, forests, parks and even
historic buildings, our projects range in size
from thousands of acres to one city lot. TPL
believes that everyone should have access to
natural lands.
Every day in America, twelve square miles
of open space are lost. TPL believes that our
connection to the land is essential to our
quality of life.
2W
TPL's
Lcuic! Ti-ust Progrcun
��. - - ,��.� -
I.and trusts are cotninunin•-ha.e.3 organi=;�riuns,
usuall�� organi=ea as non�rofit c��rporatirtl:, �vIl1CI1
act in the �uhlic i��terest to acquire �re,��ern�,
easements c�r other intere��s in lan� tor rhz purE,u:e
of public use and enjoyment. Land trusts are
typically invol��ed in protecting natural, �cenic,
recreational, agricultural c�r hi:toric prc����rties.
Collectively, America's nearl}' 9��0 inde��endent lana
trust. have helped �rotecc over _'. i milli.�ii acres.
Land trusts var}� greatly in si�e. Over half are
completely volunteer, others ha�•e onl}• a.�irector
or one or more part-time staff inembers, and a feu-
have a large staff, a prominent �ard of .�irectors
and a large membership. Annual budget� range
from under $10,000 to o��er $1 million ���-er thim-
percent o�erate with budoets of � 100,0���� or more.
Most land trusta accept gifts of propert}• and
conservation or historic presen•ation ea�zments.
In both instances, �unors are eli�ible to receive
significant tax benefits based on the value of the
donated land �r easement.
Land trusts also buy land ���ith funding fr�>>li
membership campai�n;, individual done�rs.
foundations and cor�x�rations. Alrhough
independent, land tru;ts aften ��-��rk �vith each c�ther
and govemment agencie: on si�nificant ��urchases,
and many hold an�i mana�e the lan�3s the�� acyuire.
� i.k' .
TPL has assiste�j c�ver ZO�� lan.� rrusts in rh� E�;a,t
n�•c� decades. nur ser�•ice: ran�*� fr��m �n��-i�iin��
or�ani=acic�nal a::istance tu ��•��rki�i� witl� I:in�l
trust� un real r:tate nr�*uri.�ri<m:. TPL Il.��
de��ele,�,ed a ;}�rciali_��i trainin�� ��n�titam t;,r
land trusts in I,�n.l acyuiairi��n t�c�lllll�U��. Tlll'
National I�;n�l C�,un:�l��r Prc��*ram (NLC:P) a�rr
materials �tr< <icri��e�f t���m T['L'� ?0 year• ,,f l:lil�l
trust assistancc ;�ncl rcal est.i[l' CXliCClCtlii'.
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MEMORANDUM
"�T"'� TO: Barbara Dacy, Community Development Director
��� �FROM: John G. Flora, Public Works Director
. DATE: July 17, 1994 .
SUBJECT: Royal Oaks Plat Questions
PW94238
At the Council meeting of July 11 � 1994� a question was raised regarding the Public Works
maintenance requirements that would be required should the Royal Oaks plat be retained as
a City nature center. The following is a breakdown of items as I understand the issue.
Garbage pickup and disposal of large items�
�
.
Tree removal of diseased or dead trees
�^
Perimeter mowing and cleanup
Annual Estimated Cost to the Public Works Departmerit
for mair�taining the additional park area �
JGF:cz
approximately .eight times a
Y� @ $500. .
2/Yeat' @ $1,000
�300 - �
$1,800
,
,\
QUESTION #14
612 7�0 1777
'�7 'z2�'�4 1� :?� BfiiRhJf�, GU� r` 4. �,TEFFEM LAI�I � 5'7'11287
ROBEA[ A. C•iJZY
$ER`�IARD E. �iEFE�I
szctin� a r1n:Rxu.�
DARRET.LA.p�ISEN
jEF'E?tEY i )C}FQ`SC!N
�.:�.�.��p�
}C7�i P. EFICKSG�N
LA�:QE,�c:E �. jcxivsc7W
PA�7D A. C0:�51
rHOa,isas � ai�ccc?�
r4CHAEL F. kIliEii9 Y
VQtC�. C H�R.�ICK
HBR.�9AA1 L,"Ea1:EE
�__�.
=V
'i'O:
FXtOM:
SQBJECT:
DAT�:
Barna., Guzy & Steffen, LCd.
ATTORNEYS AT LAW
400 Nlorthtuwn F'u�ancial Plaza
2Q� Coon Rapids $oulevard
Minneapolis, NIIV 55433
(612) 780-8500 FAX (612) 78U-177?
writer's Direct L�ner (612) 783-5124
City Council
wil.Iiam w. Btarns
city Manag.car
City of Fridley
Virgil C. Herrick
City Attorney
M�lORANDUM
�
�'J
Plat at Totino G�race High Schbol
July 22, 199�
FJG.104 P00�
14s requested I have dane add�.tior�al research regarding the
propo�ed Plat at Tatina G�ace High Schaol.
PAMELA M. HARRIS
CHARLES M.SEY�ORA
VJILLIAM I�2 HANSEN
��.ncAxrE�, �''`�
BBVE�tLY K DODGE
GRL•GC Y. HERRICK
]AMES D. HOE.�7
7oA1�t bt QUADE
SC�I'T1vI.1.Et'AIC
STEVEN L MA�I�Y
unt�o M. wew-�a.
�tzAS�ETEt a scruwnvc
�'¢.LIAM F. Ht�FNER
ROBERl' G HIRJFS
La3i.1993
�.s I indicated earlier I am of the opinion that an EAW cannot be
required fQr t.tgis project. The State ruies and regulations
implementinq the requirements for an EAW �xclude this'projeet
because i� doe� not m�et the minimum number of units required far
a residential development. I have d3.scussed this matter with A1
1Kitchell, Assi�tant Minnesata Attorney Gc:neral, who advises the
�QB a.nd he agr�es with my interpretation..
I was alsa ask�:d to look at ath�r r�quiremen�s, both Minnesota
Statutes and Fridley ordinances, �o see if there were other
r�quirements that might apply to this proposed project:\
'L'he Minnesota Environmental Rights Aat at Section i16B.03
�rovides that any person residing within the State the Attorney
G�en�ral or a palitical subdivisiori.of the State may maintain a
civil action fGr the protection of the air, water, land o'r other
natural resources located within�the Stat�. Whether there�are
any facts associated with the propased deveiopment that wQUld
Y�ririg it withir� the jurisdYCtion of the Enviro�menta.l Rights La.w
�_ �
z
QUESTION #15
�
r
�1� 7�U 171�
•��'�'�'L�.9A 1�:�� ENF�tJ�, GIJi'�� �. �TEFFEf�d L�iltil = ��711�87 hJC�.104 P00�
C:ity Council/Wiiliam W. Burns
July 22, 1994
�ttge Two
is a determination that wauld ha�re to be made at the� first
iristance by th� City Council. There have be�n a number of
Appellate Court cases interpreting the Environmental Rights Law.
''�^�� In the aase af Krmtiotich v. City of Duluth, August 20, 1991, the
'�" Appe112�te Cour� interpreted the Envircnmental Riqhts Aat. In
. ihat case the Court said:
"��,oh persor� is entitled by right ta the prat�ctio�,
preservation and enhancement vf �ir, water, Iand and
oth�r natuxal resc�urces lacated within the State.a
The Caurt in discussir�g the inter�relationship between the Stat�
�tatute and lacal ardiri2uices stated:
�Ta some extent the jurisdiction�af the two fc��ums �
overiaps �ut neither �oru�n ex�ludes the c�thez. Eaah
act within its otim approp�i�te sphere and ther� is na•
cdnflict. Simply �u�, for the property owner to use �
^ its property it aust be in compliance with the local "
zoning ordinance and also be .xn complianae with th�'
requirem�nts of the MinrY�sota EnvirQivaenta.l Rights Act . �
Cax�aeivably, there �y be situations where a landowner �
seeking a spc�cial use permit may be able ta meet the
criteria af one forum but nat th� other but as stated
the landowner must pass muster ir� both forums."
�Y�e Appellate Court went on to quote the Minnesota �upreme Caurt
��om its f3.nding in tb,e case of 1�i� sota Publi;c znterest
R�search Grou� v. White Bear Rod & Gun Club, a 1977 decision. in
�hat decision �h� Supreme Court stated:
��The Minnesota Environmental Rights Law does
not prescribe claborate standards to guide
trial cottrts, but allo`ws a CBSE by cuse
det�rmination by use of a ba].ancing test,
analogous to the one traditianally employed
by caurts of equity, where �he utility of a� '
de€endant's canduct which interferes with and`�
i.nvades natural resources is Weighed against ,
the gravity of the harm resulting fram such =a
an int�rf�rence or invasian.'� � . .�
The Appel.late Gourt said this public interest balancing t��t
under the Environmental Rights Act may be. divided into two parts.
�'`` ��rst, tite trial court makes a detenaination wheth�r natuxal
��saurces will be effected. If so, the trial court then must
b�lance the utility of the actions against the damage ta the
ex�viratunent .
ei� r�u irrr
, ��'�'•'��'.^?� 1�:35 bFtF,'FJA. GU�`f �� cTEFFEN L�41 = S?112� NO.lE�4 P��4
City CcuxiCil/William �nl. Burns
Juiy 22, 1994
page Thx�ee
tdhethe� there is any significant vr substantial dama�ge to the
environment and whether that damage would outweigh the utility �f
allowing singlc family homes on the subject property is a
-�—r� qu�s�ian that the Couricil must determine after considering all of
--�'�- the facts and testimony before the Council.
I have reviewe� the fieid review of the site conducted by
Peterson Enviranmental Con5ulting, inc. Sased on the
abs�rvations and Canclusions of Ronald P. Peterson, it.appears
that this site�is �ot ut�ique in an�ecologioal se�se. It is alsa
i�r: Petersari's canclusion that development of this site will not
significa,ntly a.lt�r the integrity of North . Innsbruck P.�rk. .
I.f potential d�aaage to the enviranment, on the svbject property�
can be eliminat�d �r mitigated by stipuiations at�aclied ta the
pl.at approva�l, the Gauncil should at�ach appropriate conditions
to the 'plat approval rather than deny the propcsed �a].�.t.
In addition to qu.�stians reqardinq other statutes or ardin�ces��
triat migbt� app].y tc� tb.e proposed pYat, administra�ic�� alsa asked
me the questioin whether the Gity could•require the dev�lap�r to
pay for costs of any studies required under Sectian 11.11 of the
Fridley Ordinanees . I� am c,f the op�.nivn that i€ any studies � were
n�cessary to d�termine whe�her there was potent�.al-enviranmental.
clama.ge that it wouid be appropriate to charge the developer under
t.his Sectiori af aur Ordinances.
Cty�CLOBION
Based an the leg�tl research that i��ave �dan� as weli as the
examination af the staff repart and recom�oaendations,-�the minut�s
and recosnmendations of�the Pianni3tg Commission and the field
study by P�tersan Environmental Cansulting, Inc., it is my
CoriClusion:
�. That an EAW is not appropriate in this case;
2. B�.sed on the information th�t I have received regarding
this praject, I do not believe that there is �ufficient
' damage tQ natural. resources that would invoke th�
Minnesota Envirflnmenta3. Riqhts Act; �
3. There does not appear to be any information tYxat would
indicate that the projec� wiil be.in violation of the
st�te�s statutes or Fridl�y Ordinance as they a�pply to
jurisdictional wetiands; ��
4. The proposed development is au�rized by the city
- zaning code and m�ets tiZe requirements of the city's
plat�ing ordinanae; and
5. The canditions that the staff has placed an the plat
. adequately address any environmental Concerns.
��
�
�
�
�
�
- FRIENDS OF INNSBRUCK PARK
�,.
June 29, 1994
City of Fridley Planning Commission,
This site Totino Grace High School wants to sell to Biltmore Construction for
.-r�. housing development is the southern portion of its property�immediately ac�oss
��=> from Innsbruck Park. The development will no �doubt involve the destruction of a
major portion of the trees and ponds, and the fragile ecology that depends on them,
and, in turn, endanger the ecology of Innsbruck Park. We ask that you recomrnend a
denial of the permit request. .
The property being sald, along �with Innsbruck Park is the last remnant of an upl�nd
oak savanna� that covered this area at the time of European settlement. With their
ancient trees, unique terrain, numerous ponds �(five on the Totino Grace prop�rty,
seven on the. lnnsbruck .Park parcel) these two related� parcel� form an inextricably
interlocked habitat that supports� a diverse ecology of pla�nt and wildlife species. �
.� They are tavo halves of a�whole syste�m. To destray. one imperils �the othe.r. TY�e.y
are a special part of the Fridley landscape and their threatened destr.uction
�epresents the prospect of shortsighted and unconscionable, irrepl�ceable loss.
We are concerned that in the city's efforts to be expeditious in assisting the.
developers, tnnsbruck Park's fragile ecosystem will be destroyed. If' you will not
recommend to deny the development request, so that full consideration of all
aspects of the Totino Grace/Biltmore developr�ent can� be given, and all � �
consequences can be appreciated and weighed, we ask that the city insist that an
Environrnental Assessment Worksheet (EAW) be required concerning this project.
We have petitioned the stat� Environmental Quality Board to that end,' and we. hope
that the planning commission will support our call .for the basic information only
an EAW can provide:
If you feel that this matter deserves further consideration before denial, We ask
that because of its importance and impact on the environment and Innsbruck Park,
that you call for separate hearings before the Environ�nental Quality and Energy �
Commission and the Parks and Recreation Commission�be held, in addi�ion to the
Planning Commission, prior to being heard by the City Council. That way the issues
covered in �he EAW can be fully considered and a deliberated decision can be made
with the maximum consideration being given to the concerns of the citiz�nry.
We feel that the city has an interest and responsibility that � overrides private
^'terests to assure that the ecology of Innsbruck Park is protected, We feel that
the clear threat to the park, and to the ecological heritage of Fridley that the
5660 Arthur Street Fridley, MN 55432 612 571 5340
con�emplated development presents, requires that ai1 plans for the Totino Grace
woods be subject to the closest of scrutiny, and be weighed against all
alternatives, especially acquisition of the property in question for addition to
Innsbruck Park. ^
We feel that the acquisition of this parcel by the city will not only serve to protect
the interrelated and co-dependent ecology of these two fragile sites, but will also
be a valuable addition of one of the few remaining parcels of land in the city that
logically belong within the park and trail system. We urge the city to give full
consideration to acquiring the property for its park system. We have already made
..,�-.arrangements with outside sources for funding to secure this parcel for addition to
-����-Innsbruck Park and want to work with city officials and the Archdiocese in that
regard.
Please recommend denial of the permit to develop. If you feel that you cannot do
that, at a minimum, insist that the proposers of the project complete an EAW
before any further consideration is given tq the d�velopment plan. .
�_--
�� �
John Haluska
on behalf of Friends of Innsbruck Park
5660 Arthur Street Fridley, MN 55432 612 571 5340
,
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FRIENDS OF INNSBRUCK PARK
June 14, 1994
Dear City Council Member or City Commission Member,
Totino Grace High School wants to sell the wooded southern portion of its property to Biltmore
Construction for housing - development. This site is immediately accross from Innsbruck Park. The
.�,__�- development will no doubt invoive the destruction of a major portion of the trees and ponds, and the
�:�:� fragile ecology that depends on them, and endanger the ecology of Innsbrudc Park.
The property being sold, alo�g with Innsbrudc Park, is the last remnant of an upland oak savanna that
covered this area at the time of European settlement. With their ancient tr��$� ��nique �9rr�'sn,
�um�i�us panc3� (five on the i otino Grace property, seven on the Innsbruck Park parcen these two
related parcels form an inextricably interlocked habitat that suppons a diverse ecology of plant and
wildlife species. They are two halves of a whole.system. To destroy one imperils the othe�. They are a
special part of the Frldley landscape and their threatened destruction represents the prospect of
shortsighted and un�nscionable, irreplaceable loss.
We are concemed that in the city's efforts to be expeditious in assisting developers, Innsbrudc Park's
fragile et�system will be dest�oyetJ. So that full considera�on of all aspects of the Totino
Grace/Biltmore development can be given, and all consequences can be appreciated and weighed, we. ask
that the city insist that an Erniironmental Assessment Wo�sheet (EANI� be required conceming this
proJect. We have peti�oned the state Environmentai Quality Board to that end (copy attachec�.
� We also feel that a matter of this importance should be heard in separate hearings before the
Environmental Quality and Energy Commission and t�e Pa�ics and R�reation Commission, in addition to �
the Planning Cammission. prior to being heard by the City Councii. That way a fully conside��i and
deliberated decision can be made with the maximum consideration I�ing given to the c�ncerns of the
citizenry. .
We feel that the city has an interest and responsibility that overrides private inte�ests to assure that
the ecology of Innsbrudc Pa�lc is protected. We feel that the clea� threat to the park, and to the
ecologicat heritage of Fridley that devela�pment of the site presents� requires that all plans for the Totino
Grace woods be subject to the dosest of scrutiny, and be weighed against ail altematives, especiaily
acquisition of the property fo� addibon to Innsbrudc Park.
We feel that the acquisition of this parcel by the city will not only serve to protect the interrelated and
co-dependent ecologX of these two fragile sites, but will also be a valuable addition of one of the few
remaining parcels of land in the city that logically belong within the park and trail system. We urge the
city to .give full consideration to acqui�ing the property for its park system, and we will be happy to
work with the city in that regard.
�
Sincerely, '�
./� �S. '��`-�
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5660 A�thur Street Fridley, MN 55432
�
A PETITION FOR AN ENVIR�IVMENTALASSESSMENT WORKSHEET
We, the undersigned, petitlon tor an �nvironmerttai psseasment Woricshe�
pursuant to Minn. Rule.4410.1100 regmdirtg the proposed •poyal Oaka•
deirelopm�t fw hausing, in ea��n Anoka <xiunty, &� the dry d Fridley.
between ARhur Streel mM Mattefiom Drive at appro�dmately the 58W bbck,
of tl�e southem port(on of the property known ai the plat of the city as firaoe
High School AddiNon, arM generally known as Uie ToUnod3race High School.
Woods. The acaomPa^Y��9 P��. site drawings� end §�eris� P�9�P� mwe
closety ideMify its location.
. The site, in �inaticn wNh adjacent Innsbrudc Park, � a single, locai
ecological system. TotinoJlrmsbrudc PaAc, wFdch is re�xxesentative of the last
rentnants af the �land p�tbn of the oak savanna wfdch �ed tMs area at
the tlme d European settlemeM. The numerous ancient hardMroods, cond�ined
wkh tha wetlartds, orroe stood in a savanna setHng. Sirroe aeftiemert, an
u�ergrowth of brush, shrubs, and thldc�s, has replaced the more ePe^ 9�Y
- >-----q8bitat that om:e predaminated.
�_'�'lie pnoposers af the project are:
The Arct►diooese of Sf. Paul and Minn�apolis
226 Summk Avenue
St. Paul, MN 55102
TaQino-araoe High School
1350 C3ardena Avemie NE
Fridley, MN 55432
Bptmare Corotruction
1987 Lor�g Lake Road
New Bright�. MN 55112
The repteseMative of the pet(tioners i�:
JoFui Maluska
5660 Arthu� Street
Frtdley, MN 55432
Key lowl. gov�nmenta! bodles are: .
. The Cily of Fridley
� 8431 UnNersNy Avertue NE
Fridley.. MN b5432 .
The Hice Creek Watershed Distrid �
3585 Lexington Avenue N�th . .
St. Paul, MN 55126
The prop�ed fxojeat is desanbed a.s: .
The s�dhrisia� at the �ove dear.�ibed properly in � to
� irom eigM to ten single famUy ha�es ai U�e site.
Co�leNon d the projed wiU require the d� and/ar
aiteration ot the majo� portlon af the wegetative oovet o! the site,
epminaUng habNat f� game and rwn�ame animals, pev�elopmerd
wi0 require reforming of ttre teRein to the exterd thed the fiiling
and/a substantial atteratton of a� least four ponds 1s a oertat�r.
and wiq requ[re tfie paving at a substantlal porrti�on d the.site plus
s�soil diaruption due to excavatlon for ut8ides, foundatfona, elc..
The aUical Lgsues are � toqows:
1. The ao�anion site, Innsbnidc Park, is adjaoent to the proposed
develoPmenl. and the habNata of the iwo are inextrkably Wdaad and
codependent. The Todno/Inr►sbrucic Park site, beeause d its sma�
sizs, eaobgioal at►cl habNat ooMinuity. tam are IndivletWe
eooiogioal system.
To destroy the habilat d the Totlno Glraoe pattion d tlre ake
se�ely and adwe�ely aHeds its oompanion. Inr�dc Park. The
Inevitable aorreeq� wip be a TotinaJlrumbrualc Pa�k eao-system
u��a n� � �y �� � �M �o�� dn►�sy.
Wtthout d� su�pott d N�e Tadiw poNon of Totb�oAro�ebntdc Park,
tNe overep .eoob9kal syatem ia redruoed to a sfatus that would be
notabl� primariiy ks Ina�Uqr to s�n the plaru and antn�l spedes
rvhich ca1 it home taday.
2 Tne nabkat ot cne overaU ake suppons an ecobgy a pleni Ute
that. in addiUon to d�e oaks arM other hardwooda� oontai�
►ep►eser►tatives of diverse species whiah have y� to be catalogued.
The animal species indude Deer, Fox, Ra0000n� OreY 34uirrels� Red
Squimels, Fox Squirtels, Chipmunks, Owls, Mallards, Wood Dadcs,
Teal. (plus other water fowl spedes)� Canada Caeese. TuRles� Fm��
and other amph�ian and aquatb life pius, and pefiaps most
importaMly, a diverse and numerais population of songbirds, whid�
because of conditfores d veg�ation and tertain, enjoy .rrestlng. sites
which are both numerous and safe — a rarityy in an urban selting:
Many animals will be Idlled in the dwelopment process.
3. The destrudiai of the habitat ai the Totira portion of the siie
wiq immediately cause the animal qte to.beoome solelY dependent
on the remainder (Innsbrudc Park p�tian) of the site. Th� will
destroy a•substantial portion of �e Totinollnr�sbrudc Park sfte's
rresNng for the bird population, and certainly curt8il food s�ply and
habitat fot ell antmal spedea. In sbnplegt tenns the r�nainder of
the system wil rrof be atrle to �pport fhe quantily or the diversity
a! ar►imal INe.
4. k is a ceRainty that there will be an inftial, maj� die off of tl�e
enlra! ::!e ��s''�n: e�� 4he Totln�nrwbtu:�c Park eoo-system, arM
a major disn+�rtion o4 any poRbn of the populatton whlch may
initiaUy survive. The survivas wip be severely st�sed, and
prospeds fa U�� long term sutvival wUl be problesnatic.
5. The plant population a� the Todno portion � the
TotinaJlrtnsbnicic Paric eoo-system will be virtustly destroyed in the
dewslopm�t and hortie building prooesa. An eao-syst�r► is not
su�stained by retaining a few speckn� trees. The �ant populatlo�
�naining aft� the lnklal devastation wip faoe an unoeRatn luture
be�ause, aa � naer stands, the numbers of any a►e spedes are
Umlted, and witit the destructlon of sueh a signiflcant porNon of Ure
habitat, overar rtumbe�s may be reduced to N�e point where
populatlo� cannot suataln themselves.
6. The praae�,ny unaiswrbea s�onal a�,a year rama ,��r�ds
form a veluable and un�ue habitat interrelated and 8rtked
throughout tl�e whoie Totino/Inr�sbnick Pa�1t eoo-syatem. The i��
P��Y P� indicate that onty one of the five ponds pre��rt
ihe Tothw portion�of Nre site wou{d rematn afterdevelopment, mM
me ��� o�e �rn ���uy �a. rn� r�r�ffi a
loss of ha6�tat and water resouroes tipon whioh a sigrdticaM porflon
a�e eoaogy a u,e w�e eyseem is aepenae�c
T. Thes� vr�lsnds cann� be �slaced in tl►is syst�n nr in a similar
eoologlcal nk�te elsewhere IA the area. There simp(y are. no atlter
remnaM wwodiand sites avail�le for disn�tian fa wetland
replao�neru, ar►a the unique oo�Pon u,ey meke to ene
Topno�llm�sbniclt Parlc eoologicai syst�n cannot be duplkated by
arhr means. ,
We pet�ia�ers.te!�1 t1+a+!h� proJ�at re,�msar.reLs � unacnsci�r� �e1
hiexxcusable tlrceat to, � nat tlre ouUight destruaUon of; eha last �nnarU ol a
�9� P� �� natural heritage. This remaining h� � woods and
wetlands, and the ecob9ical syatem k supporta. is an irreplaceable 8nk to our
pre-settlemeM inhe�(tanoe. Though small in size, the Totlno/Innsbruck Park
eoo-system ia d major end unique signMicance to the bcal environment ard
arerap eoology af the area es a sigrdNcant re�rvoir d predaus natural
habitat Conv�sion d the Tatirro portbn to fiousing w01 mean tF�t k wpl be
bst forever, and no do�t talae with k a signi(ica�M portlon of the eoology of
Iratsb�udt Park �
The TotlnaJlm�sbnick.Park eoological system is rirorthy af �eseivffii� i� its
oMn+ �!. a,a we n�}pe that ehia pelNbn wia le� to a requtremena for a tun
F.mrlrommeiqal Inpaat Statemer�t. ;°
Attachments:
1— lelt� from ToHno-C��raw High Sc'hool dated May 2, 1994.
2 — P�t e�maa.
3—/leria! Photo d the sNe.
4 — Site Drawtng 1.
5 — S�e Orawing 2
10EE.
��
�. �/''`�,:. ��' .. FRIDLEY .CYTY• COUNCIL ME�T�IN
�...
. : . ' NEW BU5I1tTESS: . �.. � • • :. . •
. . . • 9 MOTIbN. T4 �FP�20VE. � 7'�i�' :t
, . . ., ,�=
.,. • • . . • . •NO: �033• EPTALING'.
� ' • � ' ;-� PT G � W' .0 T R
� � O �JQLY :1-1 � 195
_ � � � 'PAGE • 15� .' � . :
- • . . . _ • _ .. . , .
sUMlniAiRY OF - ORDIN'1kNCE ' ' • ' .
.IDLEY;� CITY CO�AND.�• ' � �
'IP,i,,R��.NT�L �C1��RT�f:�� :; . -
• . •' ' .. _` .� .•MAINTEI�TAAT.�E' .T��CEIQ€�$T(�.�bDE•n _ -: .-• : ,:R .. ',''."' _ .'.:,- . :;'•: . .
. . _ ~
_�_�.. ._ MOTION by C cilman Schneider to approve the Official Tit'le and �
��:T:� � �Sumnaary �, Ordinance No. '• 1033 and order publicatiion. � Seconded� 'b� � .
Counc' an Billings. Upon a voice vote, all voting aye, Mayor Nee
dec red.the motion carried unanimously.� � . .�. . .
10. RECEIVE THE MINIITES OF THE PLANNING COMMISSION MEETING OF.
JUNE 29, 1994'
� . A..
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.•*�. .. . .. �.>.
';�= . -,• .
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Y"'�
/"'�
13�.0 GARDENA 1�VEiJUE �N. E. : . • . '. � . � � .. .
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Ms.�.Dacy, Community. Development Directflr, stated that thi� plat
request is for�the Totino-°Grace High S�hoo1 property. She stated
that the owner wishes to subdi�ide the southeast aorner of that
site into�seven single family�lots and �h�.so�thwest corner of the.
property ' into two home . sites : : � • • _ _ - ., • • . • � . . . � '"
Ms. Dacy stated that the Planning Commission voted�three to two to
table this..item, have Couneil consid�er,ordering an Env.iron=mental-
Assessment Worksheet (EAW),:and have the plat go� back to the,
Planning Commission pn .completion of the EAW or the.end of 120
. day.s,. whichever comes first. She stated that the reason for
requesting_ �an. EAW was because of a petition submitted by
neighboring property owners.
Mr. Herrick, City Attorney, stated that he has done some research
into the statute and rules �that have�been adopted by the.State
Environmental Quality Bo�rd. He stated that there is a provision
in the rules that allows for a discretionary EAW, but �it also
provides that the discretion does not apply if the property is
exempt. He stated that the Environmental Quality•Board�has ruied
that this project is exempt. An examination of the rule� clearly
indicates that a project.of this size is exempt from the'requir�-
ments. He stated that it is his opinion the.City does not have the
discretionary authority.to order an EAW on this project. He stated
that the Ci•ty cannot requir.e the developer to go through t�he EAW
proeess. ,
Councilman Schneider stated that there .were a number of environ-
mental concerns raise.d. He asked what tY�e City could do to insure
tY�at the environmental.issues are addressed..
� � - - ' ' �
� � � . FRIDLEY� CZTY =COIINCIL^•MEE'I'ING • O� JIfI�Y 11. 1994 ' • ' ' •.PAGB '16 •. � ^ � . :
. : . . - . � � ' - .. • , • .. , . .
M=. Her•rick-'stated that he .has not exglo•re�i �other "alterriatives; and �-..
� . . � � � . he i�.: not p�epa�ed �i t�l�i a�• ��nsw�r• this . everiirag...• •Iie•.:stated. th�t . th�� •.� . �. �
� ' � . . � an•ly � quesf i,pri. •he ' Y�as � review�d :.�s •tiie � �ri��t�r � of'� the' Efi.vi:ronmerital': _� . � .
. : _ -. � Assessme.rt�.' Workshe�t'.�� _ ' � .'. •• . . . • • . � . . ' �_
� . � • . • �Cou cilii►a�. '`Sc�neider� aslcad�.•the `Cit�'•''s� okali� atsc3ii� �as .�Fa�` as~�'tliis� ' � '
• ' �plat. � ����� . ' . . � � _ �� � . � �� _ • • : � . � • � � -
_�. .
-:�:� Mr. Her'rick stated that there are several Supreme Court cases that
indicate the City is obligated to approve a plat if the developer
meet� all,the requirements of the ordinance. He stated that it� .
would �be his feeling that the City can appl� reasonable limitations
or conditions on the plat approval, but he does not feel that the
City has the authority to prevent the owner from developing the
property, as long as it is properly zoned and meets the require-
ments of the City's.platting ordinance. He stated that.staff has
. „ reco�tunended conditions -, that � :deal•-:witti; ma�y� : of � , tYie' .conce�ns � of : �Y�e ��
• � � � �res:ide�ts.: ' : � : - ; . . • • . • • - . . . . -• . . . _ . . .
. , . . . . . .. :- "";:: � .; ° - -
� � Gouncilman� ScH�ieider� �stated - tfiat' aside � �fYoin tfie EAW, . he• �thoug�it �'� � ' -
there was a request to the Planning Commission to take this _plat
through the City's Environmental Quality and,Energy Commission and
Parks and Recreation Commission. He stated that if the�.City does
not want development on.this site, the option would be to acquire
the property. He stated that all that is.before the Council this ^
evening is the request for an EAW, a,nd there is no recommendation
from� the Pl:aniiing �Commissiori on the merits of the •plat. _� - � "
4.
,'� i
, Councilman Billings stated that in.1986 or 1987, there was a,plat .
proposed north of the Islamic Center and east of 60th Avenue that
dead ends near Oakwood. He stated that the area was similar in
nature to this prbposed plat, and he wanted to know what was done
on that particular plat.
Councilman Billings also wanted to know the size of1 the North
Innsbruck Nature Center and how and when the City acquired it. He
stated that in the Planning Commission minutes, there is a lot of
reference to Peck's Woods. He stated that he would like to know
the original land area covered by Peck's Woods, and when Arthur
Street area was developed if it was part of the original Peck's
Woods. He questioned if there ever has been any considera-t.ion by
any.prior City Councils to acquire ail or any of Peck's Woods.for
a park and the results of this discussion. '
�
Councilman Billings stated that Council has set aside a,certain
amount of open space in Fridley, and he would like to know the :a
number of acres in North Innsbruck Park, as well as Spr�. gbraok
Nature Center, and when they were dedicated to be open spa�e.
Councilman B'illings stated that in reading the.Planning Commission
minutes, there are several references by r�sidents who have testi- �
fied to ferns and woodland plants unique to the.Fridley area._ He
��`'� FRIDLEY�CITY COIINCIL MEETING OF JIILY T1, 1994 PAGE•37 �.
. � � . �questioned. how� u�ique these. plants •and. vegetation were �to the .area �- .� .
. - an�.�•i�� •t�ey.�are found .on3y .in �his. p�r�icular _waods,:. . He sta�gd : .�
' .� • ttiat � -�h�s would �c�rtaixily =have an • i.mpact �� brt.��t�e decision� ti�at �,h�s . - �
- � :; '� � :to 1��.-�m,�de°:•• He stated•that..there �is a1-s�o �reference.:to��trees :cut..-•.: . .
.. � -.do�n. on' th� Cn�al�Mart�'s.ite; :,and he°wo.u�.d'� �ike a� �x-eport .as:�.�o: �hether: . � ;
' �� ' ' • o'r••'not �the•.developer� ok�served�'�th� :�o]nm�tment�. to -preserve�the. �oak • � � - .
� � trees� on� tfie Wal-Mart s�ite. . ' - � •
>_-�-.
=��vm Councilman Billings stated that in the Planning Commission minutes
there was reference to funds available from a third party that
would be willing to purchase the property and g,ive it to the City.
He stated that if there is an agency that has $250, 000 and that
agency wants to purchase the property and give it to the City, he
would like to know about it.
Counci•lman Schneider stated that he believed staff shoul�d..research
. _ thi.s issue ar�d the questions raised by ..Coi,tncilman Billings, .....He .
� � ques�ioned haw the. City .rates`'compar'ed to: `nati�rial. or.. 5tate ,s�t�n- ��
� dards: for..pa�ssive r.ec�eat�ian- area,s� and: if �we �are inadequate. or ��ave..
� more than adequate areas. He�stated'that�ano�her�questi�ri is �h�t
kind of use is being� made of North Innsbruck Park to.day, if the
City should acquire the property, and what the cost �s for �main-•
taining it. He felt that the key issue.is identifying if this
property is really unique. �
� - _�
Mr. John Haluska, 5660 Arthur Street, stated�that he is invol�Ed
with the organization, Friends of Innsbruck Park, and he represents
the petitioners on the request for an EAW. He stated that they are
appreciative of the Cit�r's planning staff who has helped them
through this entire process. He stated that�Michele McPherson has
been very cooperative, and he felt the.Council should be aware of
the professionalism of the p�anning staff. He stated that the
request for an EAW did not Come before the Council because of the
petition but because of the deliberations of the, Planning
Commission. He stated that the petition was drafted to get this
issue before the Planning Commission and Council.
Mr. Haluska stated that there certainly is not any requirement to
require anyone to conduct an Environmental Assessment Worksheet
(EAW). He stated that there are two agencies involved, the City
and the Rice Creek Watershed District, because there are two
wet�.ands on the property. He stated that both the City and the
�aatershed District have the right to require an EA4J� of any
particular developer. He stated that he has been involvec� in that
process in other areas and just completed working with the legis-
lature on a similar request. He asked that the City Attorney check "
with the Environmental Quality Board staff and clarify this'',issue.
Mr..Haluska stated that there may be some reason. that a�small
residential development is exempt, but he is not aware of i�. He
� stated that this is a large-scale project in terms of the
ecological issues. He stated that the Friends of Inrisbruck Park
� are fully supportive of an EAW and support the request�of the'
Planning Commission. "
' . , : ' ,� .;RRIDLEY- CIT3E-COII�TC,YL' �i$ETING OF JULY-�I1: .1994� . � - . •.P1�G•E �18 • '�•
. . . . r !'• � r. -
. . Mr•.,�� I�a�uska statec� �th�at:� he would. ����: tp� ��sugc�est, t�iat..thi�.�+isSue �� .
•�:� . .a�so be':•sitbnii�t.e.'d�_��.o�:�iie �i��t'�s, ��vr�;o�aepta•1 �,�uali,:��., ariid •E��erg�_. � '
, • : ' �. � ;Cninmi,ssio�-�aiad�' ffi� =Parks�'�nd"�ec•reat�i�oii.'Cqmffi.rission:�.�. '���'fe1�:�th�t � .. .
� ' � t�e�:-a:irf.o,��tion::has: to ; be >broug�t ;�efo�r�.:'al�. • r��.vai�tl Commisai�on��. � . " • � ,
� � � . •.,.� . - .� . . � -. ... .. �ZO;� :•. Ci�- .t,,,..
. . ; t ' ; : H�: •: :sta:t��1: : '�xia� � . ��ti;s -: �s = �rivt �, j a�at• • a,� inypc��ar�.t•.� s��t-� � ��aCa• � • . , �: .. ,
' �_ . - lieca�use , o�; ::5;�s �� iecoloqi�al exis'terice }' �bu'�.• ��ec�tise" .'i.�''': p`�t�v�.,des � � ~ . c= • ' .
� . �uriiqii�� �rban f:orest : � He " �s�ated that' �ie �would "support = tYi�e Couhc�il : � • . •
,..�� . tabling this item and gathering _all �pertirient info�r-matiQn. ._
``v� Mr. �Herrick asked -Mr.. Haluska if he has read the state rules on an
: Environmental Assessment WorksHeet. � - . - " ,
Mr. Haluska stated that he has read them several times and also
worked with several .attor•neys. on it: • He fel� that it •is clear that
. - it is up.to the local governmental�unit to�make i.ts d�cision: He
� stated-.:that =. any� _-govern�me�tal � unit can do. it .; . -- He ...stated .tt�at .in � . �
- ..tl�i.s��'eas�.`;-., i�<:�irobabl�..�toulcl be �'�he �C��y;-�or tYie Wat�rs��ecl Dis�r:�'Gt. � �� ,
:s. .. . . • . .Sr . . . . . 3. . � . � .' • . .�j' . . .. . � . • ♦. .�•:•«� �• .•f.
. - . .. .• !.: . 't�, ' ' _ • � ` : � � 9 " � °y: d ; S.: ".
. �N1r.� ••r` ���' ielk•;: � r� �ecl' ��a:� =iri��.:int �tat3:on:��.pf.�..the.::.ru��s• "i-sr`:
. . .,-. �,. � :s� .a. = :� �:•; }_ �r. .��. . -= . .-��� . -
- � . ' �different.. -�He statec� �ha�'•-.Iie' ''did�' rltiat�� inind�•.�check3ng' `w��tfi' �the.. • • - �
� �attorney for the �Environmerttal Quality •E�oard.,, but: when he :ca�.ied �.
him 7ast week he was �not available. •� ' " � . � . � � . - . �
Mr. Haluska stat�ed that it seems apparent there is not any compre-
hensive plan in�� dealing with �these situations. He felt that it
would be prudent for the . Council. �to . have. an• inventory� of these
-parceis . .. . . . . : . � .. . . . - . - - � � . - . . .
Councilwoman Jorgenson asked if the�wooded area around Moore Lake
is part of the same area.
Mr. Haluska stated that there is mixed oak in the area around Moore
Lake. He stated that there was a biological� heritage series done
for the�state. The people working on this �e�ies.are available:
He stated that he has gi,ven their.names.to City staff. -
Mayor Nee asked about the availability of funds.
Mr. Haluska stated that he felt the City should use the t�ust for
public land funds. He s�ated that they are a national organi-
zation, are well funded, and very.interested in doing something in
a..suburban setting. He stated that they acquire property that is
in jeopardy for public use. He stated that he is speakin� in terms
of between $200,000 to $300,000_ They are supportive f it and
want to meet with the'City. ,
Mayor Nee stated that the reason programming is minimal a,t North
Innsbruck Park is that resources have been diverted to Spri`hgbrook
Nature Center. �
Mr_ Haluska 'stated that he understands and that was the reason for
suggesting the survey and ranking the projects.
�
�
/'�
' FRIDI�EY�• CI'1LY''OC?IINCIL� MEE9.'ING•''OF 'JtTLY 11, i99.4� ' ` � �'' PAGrE 1A
. Councilwoman �orgenson sta�ed that.'severa.l�:years ago.she request�d
ari� ii�crease;_.ir�'n��ure.� Cen�.e�. a(Gtivit.��s.� at. ��iorth::�in�5l�ruek .Pazk.,:
� 'but •most:haue .been: Canc�7leci•�due� �to .laGk �of�' iazt�er.est�.'.•. �:, : „ �
•- . •. • ' • .. • .. ..:; � . ' , •.
• �Mx- 'K��9t; �,����a�:.�qf •�ec�ea[�i�ri• aii�t,::�a'Cu�r�3•�?esotrr�e�;.•stat�d�=that.
-'the�. ��itp �� s�fiedii��d' "reguT�ri,na�urc� pr�og�ams:", ".. -At � tiirie�. • rio - o�' o� ,
only� orie perscin"wou}.d participate.�.in�� fhese activities.- He stated
that if they received. requests the� would ha�e organize the
activit�ies,-but the participation was not good. Therefore, it has
been several years since"any activities have been�scheduled.
, � �: ,� .
.. _ ,;�,
Mr. Gordon Backlund, 5805 Arthur Street, stated that the front of
his property faces Arthur Street where this development is
proposed. He stated that at the Planning Commission�meeting, �.
Mr. Fallo�,��who represents the-Archdiocese, stated that they want
to use. t2iis- property. to fund their� activities.� - He stated that .it.- -
� see�s theis ��_ inter�st = a,$ � � fi.ii�r�cial.. � : He = �stated that � he: :� �s�u�d not .
=. .ob�.ect . to �•sahat� �i�• :�Qris�cieir�+� _'�egitimat� .�use.�:of" priva�e p'rapertg, ' '�
.bu� ,he:�fe].t�:it� wri�s�d':be.`�i�-�the�..ef�t�:!�s: b€ast��;�teres�:s��o.:�ta1c a'�1� o -. . .
�e': � �
. at :tr�ha� that �groper'ty could � aie�ii '�o ; tMe` .City.. � ` �He �felt 'th�� � if `th.e ' - . '
: property is to be develbped, it:��should be done•as unobt�usrvely as•
� possible, and .the wood�d� areas should� •be .protected as:::much:. as _
possible. He stated tYiat fcirmal� activities Eeased�when. Springbrqok.. �.
Nature Center was developed,�but there continues•bo.be informa].
acti�ities. �-
M�. Mike Black, �Rayal. Oaks. Realty,� stat�d tliat �the attorneys .have
been in contact with the City's attorney..It is thei.r opinion that
the EAW is exempt,.but�they are not opposed to�addressing envirc�n=
mental concerns. He stated that City staff �did an.excellent.5ob
i:n addressing these concerns . H.e stated � that � the pl,at more than
exceeds the pl.atting requirements in regard to lot size, .and they.
would comply with all requirements for land development.
Mr. Black stated that staff.submitted stipulations to the Planning.
Commission, and they are in agreement with all these,stipulations.
He stated that they have delineated the wetlands on the s'ite, and.
it is their intent not to impact any wetland. He felt that they�
have taken a very careful approach in development o� the site, but
some of trees would be impacted, as they would be constructing a
60 foot right-of-way for a cul-de-sac.
,
Mr. Black stated that their company currently has pro�jects in
Woodbury, Cottage Grove, Eagan, Inver Grove Heights, and'some of
the neighboring township,s. He stated that.they are a reputable
firm, and these will�be very expensive lots and homes�. He stated
that they do �not object to looking at any local envirot�inental
concerns anc� would be willing to work with staff on those i�sues.
He stated that �Y�is really is not a� state issue as noted by the
Environmental Quality Board. He stated that if they can provide
additional iriformation on the environmental impact,�they wou�ld
co;operate with the City. He requested this to be done in.a timely
manner so that they can proceed accordingly.
�
'.� • • : FRI'DLEY CITY COIINCIL MEETING' OF JIILY • 11. .�19:94 : • � � PAGL 20 � ' ^
. � � � • Mr. B.lack. stated �_.that� there has been•�s�ome discussion. about the� _..,: ���. �. : ,�
,.. . possihle purchase o� ;the property�;� and' :th��� are cer�ainly willir�g : _
� • : - � � to: cohsi;der. and� :erit.ert�in_�•any bf�er t�at �ma�;-come fv.•rwa'rdr � � . . : � . � : _ �'.:
' . ' � -�MO�IQN:-.b� _...Gq�rtcil�ian: _�•schr��i�l�er: :,to: � �ab1e'. �.c�Fisi�deration=- ��• ::t�is - � � ..
�_ �. ' .;. � ;:requie:s�:� hy�" .tfie ��?1a�ning:.���aission� far a� :Efitvi.rolrimei�t�i� �ASSes.sm.ent� =�" - � - -
• . �Work�heet ori� Pla'C 12equest; P. S . #94=05 to= the riext �Council -lneeting � • � �
on July 25 and request the City Attorney•to further research both
"�^� the EAW and other possible actions tiiat cari be taken to assess the
`" environmental issue. Further, staff is directed to review the
questions raised by the Council on this issue. Seconded by
Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor
Nee declared the motion carried unanimously.
' 11. RESOLUTION NO 53-1994 APPROVING PLAT P.S. #94-03, BY DAYTON-
HiJDSON CORPORATION TARGET NORTHERN DISTRIBUTION CENTER,�2ND
ADDITI0�1T GE�TERA�LLY �LOCATED' AZ' 1090-73RD AVENUE 11T. E. : �
, .. . ... .. � -::�•..... • .- �-.� •_ �-.. . _ .. - _ �.,�r
. . Ms: Dacy.stated:.�h�at :�lie�•�xeso�.ti'�iori:�i�i.:�he.Coianca:l=!s::ag�enda �e:;� oiie.�� �.-�. .
� � ' 'dusly �sta'tes. �th�� 3•Xd� Acldi`tidn•: • � 'Th�is � sfiould•-be. '�chang�d� to - lie 2hd �. � • - � . .
Addition_ �She stated that there.are a. number of st' ulations �
attached to this plat which the Planning Commission has ecommended
�.to the Council. She stated that Stipulation No. 6 s amended in
� response to Councilman Billings' concern about the riveway access
of the new lot from 73rd Avenue. She stated th a statement was ^
added that the driveway be used for emergency urposes only.
MOTION by Councilman Billings to adopt Reso tion No.�53=1994, with
the following stipulations attached a Exhibit A: �° (1) the
petitioner shall submit detailed gradi and drainage pTans for a
trailer parking expansion, including elineation of any wetlands
located o� the property prior to construction. The PTanning
Commission and City Council shall eview the plans if the parking
area provides for more storage an 100 trailers; (2) the peti-
tioner shall submit a detaile bikeway and landscaping plan for
relocation of the existing keway adjacent to the westerly lot
line of Lot 1, Block l, T get Northern Distribution Center 2nd
Addition prior to constr tion; (3) the petitioner shall prepare,
execute, and record new keway easement documents and relocate the
bikeway at the time of construction; (4) a joint driveway easement
shall be executed be een Fridley Business Center Partnership and
Dayton Hudson reg ding the easterly driveway located on Lot 2,
31ock 1, I�orthco th Addition; (5) an open air easement�,shall be
executed and r eorded against Lot l, Block 1, Target�Northern
Distribution enter 2nd Addition, between Fridley Business Center
Partnership and Dayton Hudson. This open air easement shall
prevent co struction of any structures within the 35 foot ea ement;
(6) prim y truck trailer access shall be limited to the e�trance
on the Central Avenue service drive with secondary access at
exist' g Able Street. The driveway located on�Lot 2, Block�l,
Nor co 4th Addition shall be used for emergency access only; (7)
pa fees shall be paid at time of buildinq permit issuance; (8)
�
�
_ __!-
_�v;,
/� _
/"�
FRIDLEY CITY COIINCIL MEETING OF JIILY 25. 1994 - PAGE 4
advised her that if the ele�ation is measured from the street, he
would object.
MOTION by Councilwoman Bolkcom to table S 'al Use Permit Request,
SP #94-03. Seconded by Councilw genson. Upon a voice vote,
all voting aye, Ma or Nee � the otion carried unanimously.
MOTION by Coun ilwo co to Special Use Permit Request,
SP #94-04. Se on y Co n' an Schneider. Upon a voice vote,
all voting aye, yor Ne clared the motion carried unanimously.
MOTION by Council�man Bolkcom to table Special Use Permit Request,
SP #94-05._ Seconded by Councilman Schneider. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
2. RECEIVE AN ITEM FROM THE PLANNING COMMISSION MEETING OF
JUNE 29, 1994 (TABLED JULY 11,1994):
A. AUTHORIZE ENVIRONMENTAL ASSESSMENT WORKSHEET FOR A PLAT
REQUEST, P.S. #94-05, BY REITH EIBENSTEINER FOR BILTMORE
CONSTRUCTION OF NEW BRIGHTON. INC.. TO SUBDIVIDE PROPERTY INTO
NINE NEW SINGLE FAMILY LOTS. GEPTERALLY LOCATED IN THE SOUTH-
EAST CORNER OF TOTINO-GRACE HIGH SCHOOL PROPERTY AT
1350 GARDENA AVENUE N.E.:
Mayor Nee removed this item from the table.
Ms. Dacy, Community Development Director, stated that at the
July 11 Council meeting a number of questions were raised. She
reviewed the staff's response to these questions. She stated that
in regard to the question on the plat submitted by Charles Cook,
P.5. #86-06, Valley Oaks, there was an issue with the storm water
assessments. She stated that a public hearing was conducted on
this plat in 1987, but there was no final action taken by the
Council on the plat. �
Ms. Dacy stated that in response to the question on the size of
North Innsbruck Nature Center, it is 24 acres and was dedicated as
a park in 1971. She stated that the original land area for Pecks
Woods was at least 640 acres extending from Rice Creek Road on the
north to 49th Avenue and Highland Lake to the south, into New
Brighton on the east, and approximately along the Matterhorn Drive
alignment on the west. ��
Ms. Dacy stated that in response to the question regarding Arthur
Street, it was constructed in 1972 and was part of Pecks Woods.
She stated that in conversations with Mayor Nee, the Cou�cil in
1964 informally discussed acquisition of the wooded area north of
I-694, but the cost was prohibitive. She stated that a porbion of
Islands of Peace park was acquired this same year. She stated that
the dedication of Innsbruck Nature Center in 1971 preserved 24
a�res of the original Pecks Woods.
�
- -----.
��
FRIDLEY CITY C.OIINCIL MEETING OF JIILY 25� 1994 PAGE 5
Ms. Dacy stated. that in respon�e to the question on the size of
Springbrook Nature Center, it is 127 acres. The City acquired the
land in 1971, and it was designated as�a.nature center in 1974.
Ms. Dacy stated that in response to the question whether the
developer preserved the trees on the Wal-Mart site, there was a
stipulation that the developer try to preserve as many oak trees
as possi.ble. They were able to save three out of the four trees
on this property.
Ms, Dacy stated,�hat in regard to the question.if money �.s avail-
able from a third p�rt.y organization, s.taff contacted the organiza-
tion, Trust for Public Lands. She stated that the Trust�is an
interim� financi�g vehicle and must .be re�paid. � She -� stated that �
Mr. Haluska, Friends ot Innsb�uck �Par�C, is meeting with ..them on
Jul� 26. It �takes four Taeeks for them to evaluate a site t�
determine if they will participate in funding. •
Ms. Dacy stated that of 4.90 acres of City parks., 340 acres has been
reserved , as "open space.'� ��S�e :state.d . that Fridley exceeds the
National Re,creation and Pa�k Association:standards for the.amount
of park acreage, as the standards require 180:to 310 acres.� The
City owns 490 acr.es... She �stat�d that there are no detailed surveys
to-�quantify the activit� at Innsbruck Nature Center�.
Ms Dacy stated that in��regard.to the question an the_maintenance
requirements if th�e. Totino-Grace property is tu�ned �.ntn a. park, �
it. is estimated the..cost to maintain this �area 'would �be
approximately $1,800.: -
Ms. Dacy stated that the City Attorney has cor�tacted the attorney
for the Environmental Quality Board. Mr. Herrick has prepared a
memo regarding the request for an.Environmental Assessment Work-
sheet (EAW). She stated that it appears the EAW-is not applicable
in this circumstance beca�se of the small .size of this development.
Mr. Gregg Herrick, Assistant City Attorney, stated that their
office has reviewed this question and came to the conclusion that
an EAW did not apply. He also stated.t�at the Attorney General's
Office is in agreement. He stated that in reyiewing the Min�esota
Environmental Rights Act, it is basically a two part process --
tha� is will natural resources be af€ected and, if so; then is
tl�e�e significant or substantial damage to the environ�ent. He:
stated that it appears this site is not unique in.any e ological
sense, and no legislation was uncovered that th�is proj,ect .may
violate.
�"�
n
�
Mr. Ron Peterson, Peterson Environmental, Inc.., address�d the
environmental issues . He stated that there is no i�npact to t#�e two
wetlands delineated on.the plan. He also said that this was
accurate and consistent with the 1989 Federal Manual: He.stated �
that their staff botanist, Mr. Glenn Vande Water, reviewed the site
� FRIDLEY CITY COUNCIL MEETING OF JIILY �5, 1994 PAGE 6
on July 15. He stated that there are four different species of
oaks and a number of other tree species. Se reviewed the�type of
plants on the site and noted that there is an encraachment of the.
buckthorn and honeysuckle shrubs, reducing the overall richness and
abundance of native species within the site. He stated.that.no
state threatened, endangered, or special concern plant species was
observed during this field review.
�°`��' Mr. Peterson stated that this site represents less than one percent
�'�°'°� of Pecks Woods and combined with Innsbruck �Jature Center, less than
four percent. He stated that the ecology at Innsbruck• Nature
Center was similar to the Totino-Grace site, and it is a remnant
of Pecks Woods.
_Mr. Pete�son stated.that staff contacted the DNR Heritage program. .
- They. had on1� one record of a state threatened species zvit�.�n ;one_' �
mile of .the site,. and ,that was a Blandirtg �urtle. He felt that
this site ,was not a suitable place for this . turt�e � ar�d � does nofi
provide any .nesting habitat. He stated that only a small �amount
of wildlife was observed during the field review. ,.
Ms.-Dacy stated that the legal and environment�al issues have been
addressed, and she recommended �the plat �be referred back to the
Planning Commission.
^ Councilman Schneider stated that. orre of•the issues rai�ed� hy the
. public .was if the:�roposed deve�opment would damage.Innsbruck ��
Nature Center. - �
Mr. Peterson stated that the two sites are part of one ecologieal
unit separated by an open roadway. He.stated that the�degree in
whieh they operate as a�unit is difficult to state, as certain
wildlife species will use.the same sites and, there is a tendency
for plants to spread from orie site to the other. He stated that
he did not see where development of the Totino-Grace.site would
negatively affect the animal or plant species.
Councilman Schneider stated that under the Minnesota Envir.onmental
Rights A�t, an .individual could bring a.civil action to protect
land or water resourees and if �his development proeeeds, who would
the person or.persons take action against.
Mr.'Herrick, Assistant•City Attorney,.stated that action�,1would be
brbught against the owner and the property itself. ,
Councilman Schneider asked if the Trust for Public Lands has begun ,T
the review process. , � � ..
Ms. Dacy stated that they.would visit the s�te tomorrow and help
staff decided on the process. She stated that they have not
committed any funds at this time. .
FRIDLEY__CITY COIINCIL MEETING OF JIILY 25. 1994 PAG$ 7 �
Councilwoman Jorgenson asked how many votes would be required for
the City to purchase this property.
Mr. Herrick stated that since it is a non-budgeted item, it would
require a four-fifths vote of the Council.
Councilwoman Jorgenson asked if the Council was willing to consider
the purchase of this property, what is process to be undertaken,
-�--' and what commissions would be involved.
�=b
Ms.. Dacy stated that she is not aware of any sp�cific process, but
it would not be unusual for Cauncil to refer this issue to their
advisory commissions for input.
Mr. Haluska, 5660 Arthur Street, stated that he sent a letter to
the Council. H'e said that Friends of Innsbruck Park stand by their
originai position that the sites are ecologically linked. He
stated that he is certain the analysis of the vegetation is
thorough, but he felt the survey of the animal life was, super-
ficial. He stated that the two sites are dependent on each other
to sustain any habitat for migrating species. He stated that the
fact that most of the yards that adjoin the proposed development
site are also wooded and-contribute to the Totino-Grace woods site
was ignored.
,-�
Mr. Haluska stated that Friends of Innsbruck Park does not intend '
to take any steps towards litigation with the City. He stated that
they want, to see that the process proceeds in the proper manner.
He al�so said that he appreciated everyone's efforts and concerns.
Mr. Haluska felt that the question on how many sites in the City
are similar, and if they have been ranked has not been addressed.
He stated that he did not know what steps would be taken in regard
to the Environmental Rights Act. He stated that Friends of
Innsbruck Park stand by their original position, and'this site
needs to be prese�ved. He stated that Trust�for Public Lands
serves as a financing vehicle, but they buy property outright. He
felt that this would not proceed unless the City shows some serious
interest. �
Councilwoman Jorgenson stated that no decision has been,made to
acquire the property.
�.
Mr. Haluska stated that he understands, but he felt tY%ere were
outside funding sources�available. ,
�
Ms. Dacy stated that it is staff's intention to find out �s much
information as possible so that this can be presented to the
Council. �
��
. �
FRIDLEY CITY COIINCIL MEETING OF JIILY 25� 1994 PAGE 8
Councilman Schneider asked if Friends of Innsbruck Park would be
willing to share in the cost for acquisition since it would be more
beneficial to those residents of the immediate area.
Mr. Haluska stated that he would certainly be willing to share in
the cost, but perhaps there may,be others that would not. He
pointed out that all Friends of Innsbruck Park are not residents
.�----
of Fridley.
— Mr. Haluska stated that as far as the environmental review, he felt
it was only done in part as the ecology of the site is. not only
composed of plants.
Councilman Schneider statecl that staff is recommending this issue
be referred back to the Planing Commission before any final action.
He stated that he did not believe every piece of property should
be built on, but there is also the issue of funding. He could not
support spending $250,000 to $300,000 in City funds to purchase
this property. He stated that there may be other funding which he
could possibly support.
Mr. Haluska stated that the City should not be expected to "foot"
the bill.�
^ Councilman Schneider stated that the City cannot hold the developer
up forever. He stated that staff could continue to work on any
other potential funding, and Mr. Haluska probably could work with
Friends of Innsbruck Park to determine if they would be willing to
contribute.
MOTION by Councilman Schneider to refer this plat, P.S. #94-05, to
the Planning Commission and Parks and Recreation Commission to
continue their review and to make Mr. Peterson, the Environmental
Consultant, available.to the Commissions, as necessary. Seconded
by Councilwoman Jorgenson.
Coun,cilman Billings stated that he is not sure the direction tMe
Council is trying to establish.. He stated that he is hearing
Councilmembers putting forth City money and perhaps a match with
surrounding property owners.� He stated that the consultant has
stated that there is wildlife, trees, and other growing plants on
this site. He stated that he felt every piece of property in the
City and the County has these same characteristics. He s�ated that
if, in fact, this Council is thinking of a policy direc�ion that
would provide funding mechanisms for a match to purchase every
piece of property in the City that is currently under developed, ;�
this is something that needs a tremendous amount of discµssion.
He stated that barring� any policy statement, he would say any
action_Council is taking is arbitrary, capricious, and op�n for
litigation from the developer. He felt that the City would have
^ to provide the same type of inechanism for all adjacent property
owners for all vacant property in the City.
FRIDLEY CITY COIINCIL MEETING OF JIILY 25. 1994 . PAGE 9 ^
Councilman Billings stated that there are 24 acres of park land
immediately. adj acent to this site which has the same character.-
istics. He stated that if, in fact, as�Mr. Haluska has suggested,
the City was to ranl� the open spaces, it would be found that there
are a number of open spaces that.do not have a 24 acre park across
the street, and this would be lower on his priorities.
Councilwoman Schneider stated that he would ag�ree with most of
:=Y� Councilman Billings' statements. He stated that the question is
-� --° w�iether the adjacent property owners are willing to contribut�, but
this does not. mean the Council can arbitrarily decide to contri-
�bute, but to consider if there is some possibly to acquire the land
. with a minimal contribution by the City. He felt that an argument
can be made that there� are some u�nique aspects t�+o this �property.
He stated that he did.not want to.delay the plat process, bu� he
felt the City cou�ld obta.in figures, within the next month, in
regard to funding in drder to take action om�the�plat•.. He felt
�that the differ�ntiation. in this �case is the willingness, of.
residents to do something to.preserve the area.
Mayor Nee stated it is hoped that Council.did not give nay false
assurances that the City would�participate in any.costs to acquire
the pxoperty: He. felt .that if there was tiiat- possibility, he would. �
expect there would have to be a special assessment district. He
stated that he ten�ls to agree with Councilman Billings' statements.. ,-�
Councilwoman .Jorgenson stated. that the cost is. a�stra�nomica� to -
acquire this,property for �azk purposes. She stated that.sh� is -
concerned about even considering�acquisition of the;property, and.- �
she did not think it is somethir�g�that Council could take lightly.
Councilwoman Bolkcom stated.that she is in agreement with most of
Councilman Billings' remarks. � �
Mr. Dave Sellergren, attorney for the applicant, stated that�he
concurs with staff recommendations and�the City Attorney's�report.
He stated that he believes that the plat meets- all the require-
ments, and he wishes to proceed with the process that is�normally
followed for the plat. .
UPON A ROLL CALL VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and
Mayor.Nee declared the motion carried unanimously.
,
MOTION by Councilman Schneider to receive a lette� dated�,July 20,
1994 from Mr. John Haluska, 5660 Arfihur Street. Seconded by
Councilman Bil.lings. Upon a voice vote, all voting aye, Mayor Nee ;�
declared the motion carried unanimously. ,,
�
a . r''.
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•
Totino-Grace
High School
1350 Gardena Avenue NE
Fridley Minnesota
55432-5899
June 8, 1994
Barbara Dacy, A�CP
Community Development Director
6431 University Ave. N.E.
Fridley, Minnesota 55432 , �
RE: Totino-Grace Addition �
Dear�Ms. Dacy:
� The Archdiacese of SL Paul and Minneapolis is the fee. owner of the Totino-
s�2 ��-si�s Grace High School attd its campus. We have entered into a purchase agree- �
Fax 612 571-9118
ment with Mr. Keith Eibensteiner, Biltmore Construction, Inc. for the sale of
approximately 4.2 acres. We are also aware of their application for prelimi-
nary plat approval showing nine single #aniil�► lots. .
Yours Truly, - � - . � . ,
. � � .
� � � .
VIX.�,
Brother Milton Barker �
President �
BMB jch
.,
0
�
�
�
�
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,�__�..-
_ "=
�
PUBLIC HEARING
BEFORE THE
PLANNING COMMISSION
�** CONTINQED ***
Notice is hereby given that there will be a�continuation of a
public hearing of the Fridley Planning Commission at the Fridley
Municipal Center, 6431 IIniversity Avenue N.E. on Wednesday,
August 10, 1994 at 7:30 p.m. for the purpose of:
Consideration of a Preliminary Plat request,
P.S. #94-05, by Keith Eibensteiner for
Biltmore Construction of New Brighton, Inc.,
to subdivide part of Lot l, Block 1, Grace
High School Addition into nine new single
family lots, generally located in the
southeast corner of the Totino-Grace High
School property at 1350 Gardena Avenue N.E.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than August 3, 1994.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to the Fridley Community
Development Department at 571-3450.
DAVID NEWMAN
'� CHAIR
�
PLANNING COMMISSION
�, Ke�t�i �Eibensteiner
Biltmore Construction
P.S. #94-05
Robert Sroka
1243 Gardena Ave.
Fridley, MN 55432
Richard Alexander
1281 Gardena Ave.
�_:F'�ridley, MN 55432
Roger Schutz
5991 Gardena Ln.
Fridley, MN 55432
Reith Eibensteiner
Biltmore Construction
4196 Lexington Ave. N.
Shoreview, MN 55126
Patty Scott
1247 Gardena Ave.
Fridley, MN 55432
Spencer Minear
1291 Gardena Ave.
Fridley, NII�T 55432
Leo Foco
1345 Gardena Av�.
Fridley, NIl�T 55432
Steven Benson Pearl Ager
5910 Oakwood Manor Nanette Neron
Fridley, MN 55432 �� 5697 W, Bavarian Pass
. Fridley, MN 55432
Joyce Sitko •
5693 W. Bavarian Pass
Fridley, MN 55432.
Barbara Hovey
5685 W. Bavarian Pass
Fridley, MN 55432
Anthony Wojciak
1515 Trapp Court
Fridley, MN 55432
Judith Ski�lin
5662 W. Bavarian Pass
Fridley, MN 55432
Raymond Krech
5686 W. Bavarian Pass
Fridley, MN 55432
Thomas Rocheford
5695 W. Bavarian P:ass
Fridley, MN. 55432
Lloyd IInderhill.
1511 Trapp Court
Fridley, MN 55432
James�McConnell
1513 Trapp Court
Fridley, NIl�T 55432
Robert Spencer
5656 W. Bavarian Pass
Fridley, NIl�T 55432
Mary Wright
5684- W. Bavarian Pass
Fridley, MN 55432
Totino-Grace �
� High School
1350 Gardena Ave.
Fridley, P�T 55432
�
Ki Han
1251 Gardena Ave.
Fridley, NIIJ 55432
Lyle Elmberg
5801 Arthur St.
Fridley, MN 55432
Gerald Burrow
5924 Oakwood Manor
F�idley, NIlJ 55432�
Harriet Bellew
5691 W. Bavarian Pass
Fridley, NIlJ 55432
Samy Ahmed ^
5683 W. Bavarian Pass
Fridley,. NIIJ 55432 .--
Karyl Belknap
1517 Trapp Court
Fridley, MN 55432
Barbara Pickering
5664 W. Bavarian Pass
Fridley, MN 55432
Lowell R,ussell
5680 W. $avarian Pass
Fridley, 1�T 55432
Donald Tonri�
5682 W. Bavarian Pass
Fridley, MN 55432 �
�ouis�Hudoba Arthur Hartley 'Jerome Tiller
5660 W. Bavarian Pass 5666 W. Bavarian Pass P.O. Box 222
Fridley, MN 55432 Fridley, NIlJ 55432 Dassel, MN 55325
�
Bai�ley Tiller
1535 Gardena Ave.
Fridley, MN 55432
David Shafran
1499 Gardena Ave.
��-� F�'ridley, MN 55432
�-�
Mary Christenson
�.337 Gardena Ave.
Fridley, MN 55432
Charles Cr.aon
1437 Gardena Ave.
FridlEy, MN 55432
T� Foco . �
; _ 5 Gardena Ave .
Fridley, MN 55432
James Soderberg
5875 Tennison Dr.
Fridley, NIN 55432
John Evers
5801 Tennison Dr.
Fridley, NIN 55432
Arthur Moore
5833 Tennison Dr.
Fridley, MN 55432
Dale Kreitz
1612 Berne Circle
F�dley, MN 55421
Stephen Shorma
5916 Oakwood Manor
Fridley, NIN 55432
Richard Palmer
1329 Gardena Ave.
Fridley, NIlJ 55432
Richard French
1469 Gardena Ave.
Fridley, MN 55432
David.Omlie
1423 Gardena Ave.
Fridley, NIlJ 55432
Bruce Beierman
5895�Tennison Dr.
Fridley, I+�Il�T 55432
Duane McGonigle
5865 Tennison Dr:
Fridley, NIlJ 55432
.Kenneth Florian
5849 Tennison Dr.
Eridley, NIlJ 55432
Ronald l�ioren
5825 Tennison Dr.
Fridley, MN 55432
Current Resident
5809 Tennison Dr.
Fridley, MN 55432
Steven Benson
5910 Oakwood Manor
Fridley, NIld 55432
Spencer Minear
1291 Gardena Ave.
Fridley, 1�T 55432
Dorothy Baxter
1465.Gardena Ave.
Fridley, NII�T 55432
Dean Johnson
1413 Gardena Ave.
Fridley, 1�T 55432
Michael Wiltfang
5885 Tennison Dr.
Fridley, 1�T 55432 � °
David Fuhrmann
5855 Tennison Dr.
Fridley, NIIJ 55432
Eleanor Caputa
5841 Tennison Dr.
Fridley, NIlJ 55432
Gary Eri kson
5817.Ten�ison Dr.
Fridley, NIlJ 55432
,,
Lawrence Hi�le
5712 l�atterhorn Dr .
Fridley, NIl�T 55432
�
.,Donald Brunner Vaughn Vesall Minda Castillejos
5700 Matterhorn Dr. 5790 Matterhorn Dr. 5776 Matterhorn Dr.
Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432
Gerald Scovil
5760 Matterhorn Dr.
Fridley, MN 55432
Roger Engstrom
5724 Matterhorn Dr.
"-";`�ridley, MN 55432
Terryl Anderson
5860 Matterhorn Dr.
Fridley,.MN 55432
James McShane
5800 Matterhorn Dr.
Fridley, MN 55432
Timothy Redfield
5643 N. Danube Road
Fridley, MN 55432
Michael McDonough
1439 N. Innsbruck Dr.
Fridley, MN 55432
Robert Swanson
1480 N. Danube Rd.
Fridley, MN 55432
Donald Peters
1438 N. Danube Rd.
Fridley, M1V 55432
William Drigans
1280 Hathaway Ln.
Fridiey, MN 55432
Young Han
5748 Matterhorn Dr.
Fridley, 1�T 55432
Roselen Halvorson
1250 Gardena Ave.
Fridley, MN 55432
William Graffunder
5840 Matterhorn Dr.
Fridley, MN 55432
Cheryl Nybo -
1612 Berne Circle
Fridley, NIId 55421
James Bernard
1424 N. Danube Road
Fridley, MN 55432
Rasheed Kahn
1455 N. Innsbruck Dr.
Fridley, MN.55432
Lowell Mellum
1464 N. Danube Rd.
Fridley, NIId 55432
Dwaine Overby
1248 Hathaway Ln.
Fridley, MN 55432
James Iacono
1217 Hathaway Ln.
Fridley, MN 55432
�
Michael Ryan
5736 Matterhorn Dr.
Fridley, NIIJ 55432
Bradley Geving
5880 Matterhorn Dr.
Fridley, MN 55432
Robert Schei
5812 Matterhorn Dr.
Fridley, MN 55432
James Johnson
5657 N. Danube Road
Fridley, MN 55432
Paul Nelson
1425 N. Innsbruck Dr.
Fridley, NII�i 55432
Teresa Roller
1498 N. Danube Rd.
Fridley, NIl�T 55432
Charles MacFarlane
1452'N. Danube Rd.
Fridley, MN 55432
Stuart ompson
1264 Hat�away Ln.
Fridley, MN 55432
Doyle Mulli�
1233 Hathaway Ln.
Fridley., NIIJ 55432
�
�
,^�
.Roger•Sonstegard James Wolfe Orville Sachs
1249 Hathaway Ln. 1265 Hathaway Ln. 1281 Hathaway Ln.
Fridley, MN 55432 Fridley, NIN 55432 Fridley, NIIJ 55432
�
David Harris
5695 Matterhorn Dr.
Fridley, MN 55432
Daniel Larson
5650 W. Danube Rd.
� '=�ridley, MN 55432
Elmo Ness
5647 Matterhorn Dr.
Fridley, MN 55432
Joseph Andert
1445 N. Danube Rd.
Fridley, MN 55432
�t Bergene
_ _5 N. Danube Rd.
Fridley, MN �55432
Kenneth Ness
5688 Arthur St.
Fridley, MN 55432
Terry Reyes
1479 N. Danube Rd.
Fridley, MN 55432
Jacob Wiens
5809 Arthur St.
Fridley, MN 55432
Anthony Kahlhamer
5837 Arthur St.
P'—`dley, MN 55432
Benjamin Ewers
5680 Matterhorn Dr.
Fridley, MN 55432
Kenneth Bureau
5630 W. Danube Rd.
Fridley, NIlJ 55432
Leslie Gerdin
5663 Matterhorn Dr.
Fridley, 1+Il�T 55432
Bradley Dunham
1427 N. Danube Rd.
Fridley, NIIJ 55432
Hein Tran
5670 W. Danube Rd.
Fridley, NIN 55432
Milton Bullock
5674 Arthur St.
Fridley, MN 55432
Duane Narog
1465 N. Danube Rd.
Fridley, MN 55432
Gordon Backlund
5805 Arthur St.
Fridley, NIN 55432
Michael Berchin
5829 Arthur St.
Fridley, MN 55432
Robert Neessen
5666 Matterhorn Dr.
Fridley, NIIJ 55432
David Roberts
1401 N. Innsbruck Dr.
Fridley, NIl�T 55432
Leigh Angle
5679 Matterhorn Dr.
Fridley, MN 55432
Robert Betzold
1421 N. Danuba Rd.
Fridley, NIl+T 55432
Bradley Carlson
5660 W. Danube Rd.
Fridley, NII�T 55432
John Haluska
5660 Arthur St.
Fridley, rIIJ 55432
John O'Brien
1453 N. Danube Rd.
Fridley, MN 55432
Daniel E'� hols
5855 Art�ur St.
Fridley, NIl�T 55432
Donald Moor,e
5821 Arthur St.
Fridley, NIl�T 55432
�
�iayMo�d Renner
156.4 Gardena Ave.
Fridley, NIld 55432
Dean Anderson
5871 Arthur St.
Fridley, NIN 55432
Donald Lewis
6001 Gardena Ln.
''= �idley, MN 55432
Gregory Lytwyn
6010 Gardena Ln.
Fridley, MN 55432
City Council Members
William Simms
1494 Gardena Ave.
Fridley, NIId 55432
Charles Erickson
1508 Gardena Ave.
Fridley, NIId 55432
Lonita Rilber
5951 Gardena Ln.
Fridley, MN 55432
Jeffrey Hagen
5�980 Gardena Ln.
Fridley, NIl�T �5432
Prokash Purohit
5885 Arthur.St.
Fridley, NIl�T 55432
. �
John Tiller
1538 Gardena Ave.
Fridley, NII�T 55432
Wendy Backer
1495 Gardena Ave.
Fridley, NIN 55432
Planning Comm. Chair
�
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______, �__ Preliminary �srading P1an of
------------------------ - -- -
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S� Ke�ih Eibensteiner i i ,� �`,, � � ;,
� 419�o Lexin ton Ave. �t. �� % � � � ` �� ` %'
; , , r+or�: �oomavn� ToPOCR,wr+r noT sr+owN � -
n�
; � Shoreview, n.55}26 ; ;
� ; Te1.483-5518 ; 1
i • � i
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� � Description of Property � �
, I Lot 1, Block i, Grace High School Addi,�.io�.
� � Total Area = 1,485,244 sq.ft. 34.1 aicr�s
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I hereby certify thot th�s suney, plon, or
re0ort wes prepore0 Dy me or under my
Oirect supervfsion ond thot I om a duly
Registere0 lon0 Surveyor under lhe lows
ofn�he $l� o(..Mnqesofa
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Dote �l�' `> Regislrat�on Ko �`�'�^'
E_ C�_ RUD & SONS, INC_
LAND SURVEYORS
9180 LEXINCzTON AV�. 1�lO.
GIRGLE PIi�lES, MINNESOTA
55DI4-3625 TEL. "186-5556
Job No. 94194PP
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REAR LINE f �
BEING 5 FEET IN WIDTH ADJOtNING SIDE
LOT LINES, AND 10 FEET IN WIDTH
ADJOINING S7(?EET LiNES AND REAR
LOT LINES, UNLESS OTHERWISE SHOWN
INDICATED AS SHOWN ON THE PLAT
GRAPHIC SCALE
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,.Job No. 94194PP
Q Denotes set iron pipe
� Denotes found iron monument
NOLCS:
1) 2 foot contour interval.
2) Wetlands delineated by Arlig Engineering.
3) Topographic mapping is only shown for
proposed single family lots.
4) /�veiaye /of oit�o - �e, �oD sr. F/.
I hereby certi;fhot this s�rvey, p!on, or
repwt wos p�ored by me cr under my
direct� supervin ond thot I om o duly
Reg�slered 10 Surveyor under the laws
of th�� !e Min eso 0
Dote J•IC• 96egisirotion No �Fo6
E_ C�_ RUD e�ONS, INC_
LAND SU#zvEYORS
9180 LEXiNGTON AVE_ NO.
GRGL� PINES, MINN�SOTA
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S TAFF REP O RT
Community Development Department
APPLICATION NIIMBER�
L.S. #94-03
PETITIONER:
Appeals Commission Date
Planning Commission Date =
City Council Date
August 10, 1994
Timothy Strong, Strong Bui1t Homes, petitioner.
I�ura Marx and Shirley Nevala, owners. �
LOCATION:
1476 and 1490 64th Avenue, located in the southwest corner of the
intersection of 64th Avenue and Arthur Street. The property is
zoned R-1, Single Family Dwelling. The property is heavily
wooded and an�open ditch is located along the south property
line. Part of a ditch section is also located along the east
property line.
REOIIEST•
To create two single family lots.
BACRGROUND•
The subject parcels are the west and east halves of Lot 1, Block
2, Spring Valley Addition. Spring Valley Addition was platted in
1941 as a 125' * 300' lot. It is unclear from the record when
the lot was divided in half, however, there is are surveys in the
files indicating a split in 1959.
ANALYSIB :
Subdivision Requirements
The proposed lot split will use the south 150 feet of both the
west and east halves of Lot l. This 150 feet will be split into
two single family lots measuring 75' * 125'. Parcel C will be
9,375 square feet, and Parcel D will be 9,423 square feet. Both
lots meet the minimum lot area and lot width requirements of the
R-1, Single Family District.
The petitioner has submitted a proposed location for each
dwelling. The dwellings are located 20 feet from the.front lot
line. The required setback is 35 feet. The petitioner was
6�
Staff Report �
L.S. #94-03, Strong Built Homes � �
Page 2 -
informed that this would require a variance, and has submitted a
variance application to reduce the front yard setback. The
proposed locations meet the remaining sebacks of the R-1
District.
The lots created for the existing dwellings also meet the minimum
lot area requirements. The setback requirements are also met.
Wetlands
Some of the vegetation on site is that which can grow in wet
areas. In addition, the ditch along the south property line
would be classified as a wetland and has been identified as one
by the Rice Creek Watershed District. The Anoka Conservation
District investigated the site and determined that no wetlands
other than the ditch section were located on the property. The
petitioner.shauld use appropriate erosion control measures as
required by Chapter 208 of the City Code.
Gradina and DrainaQe
The petitioner submitted a preliminary grading plan establishing .�,
the lowest floor elevation at 886 feet. The elevation of Arthur
Street is approximately 890 feet. The Engineering Department has
requested the following information regarding the request:
l. Clarify the amount of fill in the front yard by adding
additional spot elevations and drainage arrows on the
grading plan.
2. Clarify how the shallow ditch section along Arthur
Street will be handled. '
3. Provide accurate first floor elevations to insure
proper qrades for the sanitary sewer services.
4. Provide an erosion control plan in compliance with
Chapter 208.
*+�stipulation** � The petitioner sball provide the information
requested in Items 1-4 above prior to the
issuance of a buildinq permit.
Utilities
�
Currently�.the proposed lots are not serviced for water and
sewer. The petitioner will need to connect the dwellings to the
municipal system and pay the appropriate lateral fees and the �
Sewer Availability Charges required by the Metropolitan Waste
��
�
�
Staff Report
L.S. #94-03, Strong Built Homes
Page 3
Control Commission. The petitioner will need to connect to the
sanitary sewer system via the manhole located at the corner of
Arthur and Camelot Streets.
**8tipulation**
**Stipulation**
Water and sewer services shall be provided to
the dwellinq units.
The sanitary sewer connection shall be made
via the manhole located at the intersection
of Arthur and Camelot 8treets.
**Stipulat3on** The petitioner shall pap the appropriate
connection fees and SAC charqes ($800.0o per
unit) at the time of buildinq permit
issuance.
Park Dedication
The Subdivision ordinance requires the payment of park dedication
fees for each lot split or plat. The current fee is $750.00 per
lot. The fee is paid at the time of building permit issuance.
**Btipulation**
Verifyinct Survevs
The petitioner shall pay a park dedication
fee of $750.00 per lot at the time of
buildinq permit issuance.
The Building Inspection department requires that a verifying
survey be submitted prior to the capping of the foundation. This
ensures proper placement of the dwelling. .
**stipulation*+�
The petitioner shall provide a verifyinq
survey pr3or to the capping of the
foundation.
The subject parcel is heavily wooded with a variety of plant
materials. Preserving much of the vegetation would be an asset
to the parcels as well as the neighborhood. A"no cut" easement
should be recorded over the west 15 feet of the lots to maintain
the vegetation and provide a buffer for the properties to the
west. In addition, as many trees over 4 inches in caliper should
be saved by the petitioner.
**Stipulation** The petitioner shall record over the westerly
15 feet of the lots a��no cut�� easement which
would prevent clearinq of the veqetation and
provide a buffer for the parcels to the west.
Staff Report
L.S. #94-03, Strong Built Homes
Page 4
RECOMMENDATIONlBTIPIILATIONB:
The proposed lot split meets the requirements of the R-1 District
regulations. Staff recommends that the Planning Commission
recommend approval of the lot split request, L.S. #94-03 to the
City Council with the following stipulations:
1. The petitioner shall provide the information requested in
Items a- d prior to the issuance of a building permit.
2.
3.
4.
5.
6.
a.
b.
c.
d.
Clarify the amount of fill in the front yard by adding
additional spot elevations and drainage arrows on the
grading plan.
Clarify how the shallow ditch section along Arthur
Street will be handled.
Provide accurate first floor elevations to insure
proper grades for the sanitary sewer services.
Provide an erosion control plan in compliance with
Chapter 208.
Water and sewer services shall be provided to.the dwelling
units.
;,' :
The sanitary sewer connection shall be made via the manhole
located at the intersection of Arthur and Camelot Streets.
The petitianer shall pay the appropriate connection fees and
SAC charges ($800.00 per unit) at the time of building
permit issuance.
The petitioner shall pay a park dedication fee of $750.00
per lot at the time of building permit issuance.
The petitioner shall provide a verifying survey prior to the
capping of the foundation.
7. The petitioner shall record over the westerly 15 feet of the
lots a"no cut" easement which would prevent clearing of the
vegetation and provide a buffer for the parcels to the west.
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Strong Built Homes
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DISTRICT LEGEND '°
R-7 ONE FAMILY OW6'S ❑ Y-1 LI�X7 INDUSTRIAL Q
R-2 TWO F?Y111 DN10'S ❑ Y-2 NEAY� INDUBTHIqL �
N q-3 OEN. YULTIPLE OW6'8 � pUD PLANNEO UNiT DFV. 0
N-� YOBILE MOYF OARK O g-7 X►DE PANK NEI�N80pHOOD ❑
P PUBUC R/�CILITIES � 8-2 � R808VLLOPpBNT DISTRIC7 ��
� C-1 LOC11l BUSINESS � O-1 CqEHK 6 NIVEN PNESERVATION �
C-2 OENENAt BUSINflSS � O-2 CHITICAL qHFA �
C-3 OENERAL SMOVPING �
C-N7 6ENEHAL OFFICE ❑ V1ICATED 81NEET8 �
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CIZYOF
FRIDLEY
FRIDLEY MUN[CIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-1287
July 22, 1994
TO WHOM IT MAY CONCERN:
The City of Fridley Planning Commission will be holding an
informal hearing on a lot split, L.S. #94-03, by Strong Built
Homes, to create two additional residential lots at 1490 and 1476
- 64th Avenue N�.E. The legal descriptions for the four lots are
as follows:
Parcel A-
The west half of the north half of Lot 1, Block 2, Spring Valley,
City of Fridley, Anoka County, Minnesota.
Parcel B•
The east half of the north half of Lot 1, Block 2, Spring Valley,
City of Fridley, Anoka County, Minnesota.
Parcel C•
The southerly 75.00 feet of Lot 1, Block 2, Spring Valley, City
of Fridley, Anoka County, Minnesota.
Parcel D•
That part of the south half of Lot 1, Block 2, Spring Valley,
lying northerly of the southerly 75.00 feet thereof, City of
Fridley, Anoka County, Minnesota.
Any and all persons desiring to be heard shall be given an
opportunity at the Planning Commission meeting on Wednesday,
August 10, 1994 at the Fridley Municipal Center, 6431 University
Avenue N.E. at 7:30 p.m. Any questions related to this item may
be referred to the Fridley Community Development Department at
571-3450.
Hearing impaired persons planning to attend who need an
interpreter or other persons with disabilities who require
auxiliary aids should contact Roberta Collins at 572-3500 no
later than August 3, 1994.
DAVID NEWMAN
CHAIR
PLANNING COMMISSION
.�. S.y `#94-03
Strong Built Homes
Strong Built Homes
Timothy Strong
10884 Avocet St. NW
Coon Rapids, IMIlJ 55433
Clarence Rezac
1561 Camelot Lane NE
Fridley, NIlJ 55432
Paul Larsen
6460 Squire Drive NE
Fridley, MN 55432
Bruce Larsen
6420 Arthur Street NE
F�idley, NIN 55432
Robert Milsten
1487 - 64th Ave NE
Fridley, NIl�T 55432
Arnold Ostlund
1453 - 64th Avenue NE
Fridley, NIl�T 55432
Hjalmer Anderson
1491 Rice Creek Rd NE
Fridley, NIl�T 55432
Herbert Lennox
1461 Rice Creek Rd NE
Fridley, MN 55432
Mailing List
I�aura Vetter
1490 - 64th Avenue NE
Fridley, MN 55432
Darrell Cedarholm
1551 Rice Creek Road NE
Fridley, MN 55432
Daryl Wolf
6446 Arthur Street NE
Fridley, NIld 55432
Darren Warner
1489 - 64th Avenue NE
Fridley, MN 55432
Roy DeMars
1442 Mississippi St NE
Fridley, MN 55432
James Schaffran
1443 - 64th Avenue NE
Fridley, MN 55432
Dorothy Hollister
1466 - 64th Avenue NE
Fridley, MN 55432
Iierbert Hart
1450 - 64th Avenue NE
Fridley, MN 55432
�
Mailed: 7/22/94
�"``,
Shirley Nevala
1476 - 64th Avenue NE
Fridley, NIId 55432
Timothy Ridder
1450 Rice Creek Rd NE
Fridley, 1�T 55432
Carey Thake
1441 Rice Creek Road NE
Fridley, NII�T 55432
Roy DeMars
1464 Mississippi St NE
Fridley, MN 55432
Vernon Herman�
itoute 3 , Box � � ��
Isanti, NIlJ 55040
Virgil Okeson
1423 - 64th Avenue NE
Fridley, NIlJ 55432
Walter Eyeler
1456 - 64th Avenue NE
Fridley, MN 55432
Bruce Olson
1442 - 64th Avenue NE
Fridley, MN 55432
e
Jeffrey Cich Marian Paulson Robert Schmidt
1426 - 64th Avenue NE 1425 Rice Creek Rd NE 6291 Kerry Lane NE
Fridley, NIIJ 55432 Fridley, NIl�T 55432 Fridley, NIld 55432 �
�,
:.FSar�c �Tyberg
1501 Rice Creek Rd NE
Fridley, MN 55432
��
:, aes Strande
1520 Camelot I�ane NE
Fridley, NIl�T 55432
Daniel Pehoski
6450 Squire Drive NE
Fridley, NII�T 55432
Alden Ryd
6410 Squire Drive NE
Fridley, NIIJ 55432
James Payne
1551 Camelot I�ane NE
Fridley, NIld 55432
r
Helmer Hauck
? �1 Camelot Lane NE
P��dley, N!N 55432
Scott Kotchen
6381 Arthur Street NE
Fridley, NIlJ 55432
Annette Buhman
6441 Arthur Street NE
Fridley, NIl�T 55432
James Ring
1500 Rice Creek Rd NE
Fridley, MN 55432
��
Frank Massebrano
1550 Camelot Lane NE
Fridley, MN 55432
Craig Heieren
1521 Rice Creek Rd NE
Fridley, NIld 55432
James Iverson
6440 Squire Drive NE
Fridley, NIlJ 55432
Gerald Waldorf
6380 Squire Drive NE
Fridley, NIld 55432
Current Resident
1541�Camelot Lane NE
Fridley, 1rIlJ 55432
Dennis Dewing
1501 Camelot I�ane NE
Fridley, MN 55432
Gerald Parmeter
6401 Arthur Street NE
Fridley, NIl�T 55432
Daniel Painter
6451 Arthur Street NE
Fridley, NIl�' 55432
Planning Comm. Chair
Dennis Rens
1540 Camelot Lane NE
Fridley, NIN 55432
Willard Kastensen
1541 Rice Creek Rd NE
Fridley, NIl�i 55432
Roy Guwmmeson
6420 Squire Drive NE
Fridley, NIlJ 55432
Michael Grommesh
6360 Squire Drive NE
Fridley, NII�T 55432
Friday Property Inc.
P.O. Box 12653
New Brighton, NIId 55112
Stephen Becchetti
6361 Arthur Street NE
F'ridley, MN 55432
Michael Papillon
6421 Arthur Street NE
Fridley, NIId 55432
Larry Halvorson
6461 Arthur Street NE
Fridley, NIl�T 55432
City Council Members
�
JUL-69-94 SAT 01795 PM TIM9THY STR0N6
. ,
JUL�06-84 WED 09t55 BURNET R�ALTY FRIDLEY
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G431 i11V�VE1ZSITY A,Vf::NUEN.�.
FRXALPY, l�irI S�•t3Z . •
612 T67 9237
F�3{ NO. 8125741713
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(61.2) 572-3450 CUMiV[IINiTY D�VTL4PM�fi1T D�i'Al2'�MENT
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P.01
F. 05/10
I-OT SPL%Y' AP�'LICA'�`iON FO1�VI
pRQp�R�- ' M 3`i�� - site plan required f�r subnaittal; scc attached
Address: � (7 �`` �vi .
�1�nY I��tiiicadon Nu�ber
LeSal ti�scxiption: F(
T..nt Biouk o�
Curcone �oaia�= �
R�o�t fvr lot aplit D d.�.�
Square �
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3on.�� 37�9�c�
Have you opez�ced a bns�iness in a rity whfch �equ a tie�si�.
Yas �, No If yes, wh�tCi� City? o
�y� �At � Of EI�`� _ . Q 1 � a r �. �;
�� �+i ficense cvear d�ied or revakedl es
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(as ifi app�ars on th� pro�erty title�
(Conaa�c *�---�- - -
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P�c�nit L.S. tt � � """"
�Dpt�catton n�cfved b 1'�aipt � �`
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Schedaied (`',t � ��lAn c�tte:
tY Council tfat�,•
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ANOKA �ONSERVATION DISTR/CT
Rairnree Pro(ess+onal Ce�ter
11931 Highway 65 NE
Blaine, MN 55434
6121757-4221 Fax/7,57-4771
August 3, 1994
Timithy Strong
10884 Avocet St NW
Coon Rapids, MN 55433
Re: Wetland Consultation For Property Located South of 64th Ave West Side Of Arthur.
Mr. Strong,
I walked �e enfire site on 8/3/94. A 3' soil probe was used for soil samples. The only areas that
meet the wetland criberia set wid�in �e1989 Federal Mannal For ldentifying and Delineating
Jurisdictional Wetlands are within �e dibch that rnns east west on the sonthem portion of the site.
All areas north of this ditch do not meet any hydric soil criteria. or wetland hydrology criteria.
If all fill material is kept on top of the ditch bank and appropriate erosion control measures are
uialized, yon slionld be in com liance wiii� the regulations in the �Vetland Conservation Act of 1991.
Kcep all fill nordi of ditch bank.
�"� Install appropriste erasion co�rol
measores snch as s�t fence, mnlch,
temporary seeding, sod. etc...
-♦ N
------•---•-------•------�
; NOT TO SCALE
If you need the wetlands delineated to further document this consultation, call me and I can give you
an estimate and time when we can perform the delineation. If you have any additional questions or
concerns, please call me at 757-4221.
Respectfully,
�
-•� ��
�
Tony Brough
!'� District Technician
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