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PL 01/08/1997 - 30834'� � ;� CITY OF FRIDLEY PLANNING CONIl�IISSION MEETING, JANUARY 8, 1997 CALL TO ORDER: Chairperson Savage called the January 8, 1997 Planning Commission meeting to order at 7:34 p.m. ROLL CALL: Members Present: Members Absent: Diane Savage, Dave Kondrick, LeRoy Oquist, Dean Saba, Brad Sielaff, Connie Modig Larry Kuechle Others Present: Scott Hickok, Planning Coordinator Michele McPherson, Planning Associate Jeff Dotseth, 21000 Ruschs Drive, Rogers, Minnesota Gerald Kantor, 6718 Marilyn Drive, Maple Grove, Minnesota Paul Seidel, 8320 Broad Avenue, Fridley, Minnesota Leonard A. Moore, Jr., 8301 Riverview Terrace, Fridley, Minnesota APPROVAL OF NOVEMBER 20, 1996 PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to approve the November 20, 1996, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION C�,RRIED UNANIMOUSLY. l. PUBLIC HEARING: CONSIDERA.TION OF A SPECIAL USE PERMIT, 5P 96-18, BY ANIMAL MEDICAL CLINIC: Per Section 205.15.O1.C.(9) of the Fridley City Code, to allow an animal vaccination clinic on Part of Lots 8, 9, and 10, Auditor's Subdivision No. 155, generally located at 753 - 53rd Avenue N.E. Ms. Savage stated this public hearing has been continued to January 22. 2. PUBLIC HEARING: CONSIDERATION OF AN ANNEXATION REQUEST, ZOA #96-03, BY GERA.LD KANTOR: To annex Lot 16, Revised Auditor's Subdivision 103 of Coon Rapids into the City of Fridley. This property is generally located at the end of Riverview Terrace and adjacent to the Mississippi River. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the � PLANNING CON�lISSION MEETING, JANUARY 8, 1997 PAGE 2 reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:35 P.M. Ms. McPherson stated the request is for an annexation by Gerald Kantor for Lot 16, Revised Auditor's Subdivision 103, which is located in the City of Coon Rapids. The property is generally located north of Kimball Street and west of Broad Avenue and directly abuts the Mississippi River. Mr. Kantor also owns Lots 15 and 16, Block 0, Riverview Heights, which are located in Fridley. He has a potential buyer for combined Lots 15 and 16 in Fridley and Lot 16 in Coon Rapids, and has requested the annexation of Lot 16 into Fridley to allow the potential buyer more flexibility in developing a dwelling on this site. The property will be zoned R- 1, Single Family. The City of Fridley needs to provide the utility services to this particular lot because the City of Coon Rapids is unable to do so. Ms. McPherson stated, when staff received the annexation request, staff first discussed the request informally with the City Councils � of Fridley and Coon Rapids to provide direction. Potentially, this annexation request could affect four additional lots including Lots 14 and 15, Revised Auditor's Subdivision 103, as well as Lot 22 and 23 of Block 4, Mississippi Oaks. The City Council preliminarily indicated that they would willing to consider not only the annexation of Lot 16 but also up to these four additional lots pending public testimony and pending discussions with adjacent property owners. The purpose for considering annexation of Lots 14 and 15 and Lots 22 and 23 is that the City of Fridley currently provides sewer and water services to Lots 22 and 23 but does not receive the benefit of the taxes currently paid on those properties as they are located in the City of Coon Rapids. These services were provided based on a joint powers agreement with the City of Coon Rapids when these properties were developed. The property located on Lots 14 and 15 is currently serviced by a septic system, private well and heating oil. Ms. McPherson stated there are some utility considerations in regards to Lots 14 and 15. If the septic were to fail, under Metropolitan Council and State of Minnesota statute, that particular property would need to be connected to municipal services. The property owner would not be allowed to re-install a septic system. Ms. McPherson stated this annexation request is an opportunity for �,..1 the local property owner and the two communities. The petitioner would need to provide utility services to the property he owns. ^ PLANNING CON9.KISSION MEETING, JANUARY 8, 1997 PAGE 3 Currently, the utilities are located in Kimball Street and Riverview Terrace. The sewer and water mains will need to be extended within the Riverview Terrace right-of-way and services provided. Staff has preliminarily discussed with Mr. Kantor the possibility of dedicating a utility easement over the westerly portion of Lot 16 in order to provide future connection to Lots 14 and 15, should the need arise. Ms. McPherson stated staff spoke with Mr. Seidel, the property owner of Lots 14 and 15, who indicated he was not adverse to the annexation request for his property. Staff has had conversations with the owners of Lots 22 and 23. Mr. Anderson, owner of Lot 23, is unopposed to the annexation of his lot; however, he did express concern with the width of the easement which provides access to Mr. Seidel's property. This access is provided via a 10-foot private lane. The City of Fridley requires a minimum 25-foot public access onto a public street; therefore, Mr. Seidel's lot would be non- conforming. However, the City of Coon Rapids also requires a minimum of 25 feet of access along a public street; therefore, he is currently non-conforming in�the City of Coon Rapids. The implications of this is that, should the dwelling on Mr. Seidel's property be destroyed to more than 50� of its value, a variance i"'� would need to be granted to allow reconstruction. Ms. McPherson stated staff has not received a definitive answer from Ms. Brown, the property owner of Lot 22. However, she does have the same information as provided to Mr. Seidel and Mr. Anderson. Staff has not received any written or verbal notification from her at this time regarding her opinion about the annexation. Ms. McPherson stated, in terms of taxes and advantages to the adjacent property owners, there is some tax relief in being annexed into the City of Fridley. The property taxes would go down slightly. Fridley gains an advantage in the fact it will gain the tax base for properties the City is currently servicing for sewer and water. In terms of the utility connections, Mr. Kantor would be responsible for the cost to install the water and sewer mains to the property in question as well as the connection. Mr. Kantor is aware of that and is working towards that end. Ms. McPherson stated staff recommends approval of the annexation request, ZOA #96-03, by Gerald Kantor, with the following stipulations: 1. The annexation request shall include Lots 14, 15, and 16, Revised Auditor's Subdivision No. 103 and Lots 22 and 23, � Mississippi Oaks. � PLANNING CONIl�lISSION MEETING, JANUARY 8, 1997 PAGE 4 2. The petitioner shall dedicate a 25-foot utility easement over the westerly portion of Lot 16. 3. The annexation request is contingent upon approval of the Coon Rapids City Council and the Minnesota Municipal Board. Mr. Oquist stated the access to Lots 14 and 15 is through a 10-foot easement. What happens if they want to do some development or if something else happens? Ms. McPherson stated, if there were to be a larger subdivision, a developer would need to look for a secondary access to provide some type of street connection either by acquiring a parcel along Kimball and creating a right-of-way or by acquiring a lot or lots along Broad Avenue and constructing a street. Mr. Oquist asked if it would be possible to come in off Riverview. Mr. McPherson stated that would be an option, but a developer would need to acquire the necessary property. Mr. Oquist asked if it was stated that there is currently a '� structure on Lots 14 and 15. Ms. McPherson stated yes. Mr. Seidel lives at 8320 Broad Avenue which straddles the property line of Lots 14 and 15. The only access is through the 10-foot easement. Mr. Sielaff asked if this property has the private well and septic system. Ms. McPherson stated this was correct. Mr. Sielaff asked if he would be required to upgrade that by hooking up to city water and sewer. Ms. McPherson stated, under the Coon Rapids ordinance and the City of Fridley ordinance, he would only be required to connect if the system were to fail. Mr. Sielaff asked if this area was on the flood plain. Ms. McPherson stated the property is within the critical area but not in the actual federally designated flood plain. Mr. Kondrick stated Mr. Kantor is requesting that the City convert Lot 16 to the City of Fridley. Stipulation #1 also ties in � additional lots. In fact, if that does not happen, it should not have a bearing on Mr. Kantor's request. Is that correct? � PLANNING CONIl�lISSION MEETING, JANUARY B, 1997 PAGE 5 Ms. McPherson stated this was correct. While staff is recommending the annexation include additional lots, the City Council does have the option to delete those lots if they see fit and annex only Mr. Kantor's property, Lot 16. Ms. Savage stated the gist of Mr. Kondrick's concern is, that if the City approves the recommendation which includes the other lots, that does not really have an effect on Mr. Kantor's request. These are separate and does not depend on approval of other lots. Ms. McPherson stated that was correct. Ms. Savage stated there appears to be no opposition. There is no comment from the owner of Lot 22. Mr. McPherson stated this was correct. Mr. Kantor stated he had no additional comments. He has no problems with staff's recommendation. He and staff have reviewed the points before and are in agreement. � Mr. Kondrick asked if Mr. Kantor understood the purpose of his question. In combining the properties, he wanted to make it clear that, if other owners oppose the request, that the annexation request could still be done. Mr. Kantor.stated he understood that. Mr. Moore stated he owns Lots 12, 13 and 14 in Fridley, and he would like to support the annexation request. He has waited for years to see this done. When there were renters, he would have to call the City of Coon Rapids and they sometimes had to find their way down there. He would rather see it in Fridley. There is one way in, and it is serviced by Fridley so he feels the properties should be annexed. He is, however, not opposed to the other way either. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CP,RRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. Mr. Kondrick stated he has no problem with the request. His questions regarding Lots 22 and 23 is clear and the City Council has the right to drop other lots if they so feel. Mr. Oquist stated he wondered if the Commission should change the � PLANNING CONIlKISSION MEETING, JANUARY S, 1997 PAGE 6 wording in the first stipulation because this does stipulate all of the lots need to be included. Ms. Savage stated she did not see any problem with the stipulation as presented. Mr. Oquist stated the recommendation is for all lots included. The City is now saying that is nice but we don't necessarily have to. Does the stipulation have to say that? Ms. McPherson stated the Commission can change it to make it more flexible. Ms. Savage stated the only thing that bothers her about doing that is that it makes the Commission look as though they are lukewarm about the recommendation of annexing the lots. She did not think this was so. There has been no showing of opposition by any of the owners. Only one owner has not been heard from. Mr. Saba agreed. The City Council will have the minutes and has the privilege of changing or modifying the stipulation as they see fit. He has no problem with the recommendation as it is. The City � Council will see the discussion. Ms. Savage stated it is clearly in the best interest of the City to have all the lots and she agrees with Mr. Saba. Mr. Oquist stated just as long as it is understood that, if it cannot happen, the Commission wants the original request to go through. Mr. Sielaff stated, from the standpoint of keeping it together, he would like to keep the recommendation as it is. Ms. Modig stated she questions the statement that there is no opposition because staff has not heard from one owner. Ms. Savage stated the property owner has had full opportunity and has not done so. There is no reason to believe they oppose the request. Mr. McPherson stated the City Council understands that at a minimum the City may end up with just Mr. Kantor's lot. Mr. Kantor does not want his property dependent upon Lots 14 and 15 and Lots 22 and 23. Based on the public testimony and if staff receives some comment between now and the City Council meeting, the City Council will be able to make a decision. '� MOTION by Mr. Saba, seconded by Mr. Sielaff, to recommend approval � PLANNING CONIlrlISSION MEETING, JANUARY 8, 1997 PAGE 7 of an Annexation Request, ZOA #96-03, by Gerald Kantor, to annex Lot 16, Revised Auditor's Subdivision 103 of Coon Rapids into the City of Fridley, generally located at the end of Riverview Terrace and adjacent to the Mississippi River, with the following stipulations: 1. The annexation request shall include Lots 14, 15, and 16, Revised Auditor's Subdivision No. 103 and Lots 22 and 23, Mississippi Oaks. 2. The petitioner shall dedicate a 25-foot utility easement over the westerly portion of Lot 16. 3. The annexation request is contingent upon approval of the Coon Rapids City Council and the Minnesota Municipal Board. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECI,ARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would consider this request on January 27. Staff is preparing a resolution for approval based on the procedures set forth in Minnesota statutes. The City �"'� Council of Coon Rapids will consider the request at their first meeting in February. The resolutions then go to the Minnesota Municipal Board. 3. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF OCTOBER 15, 1996 MOTION by Mr. Sielaff, seconded by Mr. Saba, to receive the minutes of the Environmental Quality & Energy Commission meeting of October 15, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE 1�TION CP,RRIED UNANIMOUSLY. 4. RECEIVE THE MINUTES OF THE PARKS & RECREATION COMMISSION MEETING OF NOVEN.BER 4, 1996 MOTION by Mr. Kondrick, seconded by Ms. Modig, to receive the minutes of the Parks & Recreation Commission meeting of November 4, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY � MEETING OF NOVEMBER 12, 1996 � PLANNING CONIlrlISSION MEETING JANUARY 8, 1997 pAGE 8 MOTION by Mr. Oquist, seconded by Mr. Sielaff, to receive the minutes of the Housing & Redevelopment Authority meeting of November 12, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF DEC�ER 11, 1996 MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the minutes of the Appeals Commission meeting of December 11, 1996. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE THE MINUTES OF THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF DECENN�ER 12, 1996 MOTION by Ms. Modig, seconded by Mr. Kondrick, to receive the minutes of the Housing & Redevelopment Authority meeting of December 12, 1996. � UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED Ti� MOTION CARRIED UNANIMOUSLY. 8. OTHER BUSINESS Mr. Hickok provided an update on development issues. ADJOURNMENT MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE JANUARY 8, 1997, PLANNING COMMISSION MEETING ADJOURNED AT 8:03 P.M. Respectfully submitted, ,� � .�- ���� �c��u � � ' � Lavonn Cooper Recording Secretary '� 8 I G N— IN S H E E T �"� PL�NNING COMMISSION.MEETING, January 8, 1997 ��, �