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AF-V - 47016�t' . City of Fridley r AT TNE TOP O� TME TWIN� , , � , , j rL-------, coMMUwirr ocvt�o�Nt orv, , � � rMarccr�v� �w�tcrwN ot►t'. ; � �` ' �'_'1 i 01TY NAI.L II110LtY �� {.___..l�.� �.J NR'�W'3N0 Name _ �fv,��.s -�.t�si�a� ga Lot No. B1ock No. �� i.�'�� ; � APPLICATION TO BOARD OF APPEALS q►11y01 IKV• CA t �NE OI v 9v � 1 00 Addreas Phone �P �'asS /�D. .v.f , -,�r��Y 7B'�-3I`z - Tract or Addition L3�-o=?y '' ��• � 10 & 1Z � 1 � Rice Creek School Addition Variance Requested (Attach plat or survey of property showing locati.on of proposed building, etc., including adjoining properties and awnership within 200 feet of said property.) . �� U �.� �� N f �",eo,�/� y�2 d�� r,�,sc,,� _ /�o,'n �S' io i/ F�,�%- ing Da,te � �� Opinions an Recommendation b� the Board of Appeals FQr Above Recoz�mendation ' . Fee �� o� � , / 9'J.3 - ,C,� � Receipt No. � �s��a.� Agai�st Recoumendations City Council Action and Date 7 l�� / �J/ / 4�7 �� lfrn�/,rr 0 � w � • ' , r- �ity of Fridley "-Y. r , AT T►� ToP o� *N� Tw�N. APPL I CAT I OPJ TO BOARD OF APPEALS , � � � L-------, GOMM�JNITY pEV��p�1ENTDlV. (Staff Report) � � MOT�CTrvR �Nf�►�CTlON OpT, �` � �---1 i CiTV NM.4 IINOL:Y N�i i.�."�.� '.J Mi'if0"3�i0 N�M�El1 pIV. pAT[ E CR V 9v 10-F23 0 2 15/73 2 2 800 Co�nents by administrative official denying original request for building permit or other perniit. (To be completed by administrative official. Appropriate Ordinances and sections of Ordinance to be cited.) Board members notified of ineeting by List members, date notified, and "Yes" or "No" for plans to attend hearing. .Name . I Date I Plan to Attend �� . n ' 1 • - 1 �A - (�L Person ma.king appeal and the fol owing property owners having property ithin 200 feet notified: Phone Notified B Name �Date ,.or Mail (Initial) � CQ C`1�2-�.lL-��Yl� -- — .. Q-LJ-� .� �. S-.� - %� , . �� p � � � :,,� , . �; � � . i � i._ R �, /� �,. ,.. � ,�. 0 n, �..��-yt �.�-►- - (0 6 � d ' ��-�2 - ��Q �.: i )-cx.eh. � - ss y�u-e� � - s %��..,Q_Q�r � � c � . (� � �l � i � - /.,r�r�� u�� I .. Il � , 0 � .._ . . . . . � FLOYD F. FOSLIEN . 3345 University Avenue S. E. Minneapolis, Minnesota May 4, 1973 Planning Co�nmission, Mayor, and City Council ' City of Fridley 6431 University Avenue N. E. � Fridley, Minnesota 55432 Gentlemen: It has come to my attention that the Board of Appeals, Planning Commission, and City.Council will be considering the following requests.by Mr. Dennis A. Ranstrom: . 1. A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 11 feet to allow the construction of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same being 6700 Ax�thur Street N. E., Fridley, Minnesota. 55432 (Request by Mr. Dennis Ranstrom, 3728 Foss Road, N. E., Minneapo3is, Minnesota.) 2. Vacation Request: SAV #73-OS, Dennis A..Ranstrom: Vacate 20 foot - Utility and Drainage Easement line between Lots 10 and Il, Block 1, Rice Creek School Addition, to allflw the construction of a home on the two lots. : I would like to make it a matter of record that I as the adjacent property owner of Lots 9 and 1, B1ock 1, Rice Creek School Addition, have no ok�jections to the approval of the requests for the variance or the vacation of the easement requested by'Mr. Ranstrom. Respectfully, � �� \ 'r . , . Fln d F. Fosli.en : _ � cc: Dennis Ranstrom � � � lJorclon Ross 1•ietcal� - Architect J '_ 2030 Ur�iandale Lane wa3•zata, Minnesota 55391 - . : 5 �Y, i973 Mr, Dennis Ranstrom 1871 i�Te at Co. Rd, nC n' Roseville, Minnesota 55113 . Dear T� . Rans tra�n : Thia letter is to advise �ou es to my decisians ; relative to the design of your proposed new resi- dence to be located on lots 10 & 11, Rice Creek 3chool Addition. - I faund, after examining the `topographic surarey authored by Cainstock.and Davis Ine., and aPtgr a personal visit to the site, that certain physicsl - characteristics of the property, and several _,: __.::.aesthetic eonaideretions have restricted the actual �' construction site to approximatel� that as indicated on the sketch site p3.an ( sent under seperate cover). :- 'I'Yie ph9s ical problems are namel,y ' the severe drainage swale located in the 3outh central area of lot 11, . __- and the mature tree clumps located. neer the East line oP lot 11 and the South areQ of lot 10, in addition - �-to.the general steep slopes of both lots. The aesthet- _ ,- -_ ic aspects include the views and the desire not to destroy the natural enviroment by severe grading � _ operations. In my opinion� based.on the known data, an attemptto constrnct the residence over the swale would requSre ; either pauring footings on fi11, which is "taboo", or t prohibitive costs ia piling, compacted filling oper- • ations and/or other non-convent3onal site work for residential construction. I am aware of the set-back requirements as per the zoning ordinance, but would hope the Village might grant �. variance in view of ', the above, and the fact such a waiver wauld not harm your neighbors with respect t� light and ventiistion, ' no� w�auld it harm the basic intent oP setback lines. . Respecti1.i31y youray • .�� . ' .-4', ^' � ,�- _-� � t'a ./�'. ' i'� ti�ordoa R. I�ie�calP, ._Arch�itec t . - � j�. . , VI , - � ` , ' �' .��.�, r � � 'A , ' i �. � ' . . - � 4 � ., � e � , . . , � � � ; � � v N . : � � � � � � � ,� � � � o y � ; . � y a o � r .� �� a� '�';' � � �.,, ca cr � ; , � � �' ' � � Q � �� d � � �► ` V �y � � . N Q'� �,�4� °� O � . i � ::� a V �r�C s, �.� �i'�'�ti �N � +a ��! ! 'C� �; � �"� � "' �t�t�1 + 1.�� ' . a��, , �rAf �� . . -xs ' � ` �+D . :; ., _ ; ; �� : .,� � �3�ld ` � - �.. � . . g� , � � �� .w `. �� 1`J � '�L� •�• � �� v � � �� °;� ,'� � �'L\,� .�°' �' �*� � �::�. ', ,;� �� , � �,� � �� $ � , . . . �: , , � . . d , .> - ,� � �:�:�::�� '`�� , � . °�� : ; �.�- �- . „ �^ ' � /�-�.' .a''' . � � � �{, f , f': ,� . ; x . .., (� � �"�' '°:�''• �s` ° ,-D ' , /� �f �� O��P �' �' � � � 2 . � -, i �1 y � �,/�' � �� , � . � � ♦ � � 1 / —� � o � � ; i � 'i �Z;� ��--.�� , �►' ,� ( � r� � � � ti 1, ,� \ 6 s ��, '�`'. i `�"' � � � � � N ~ Q ` � �� ?�.� ; �� ;� � i��`t ♦ �� . . �,� : ��p ` � 1 � � � � �` \=��'� �i'Q� , ♦ � "l `� � ' � � � � � '� %`C '' Sa� ` t � ♦ � �l � � �. .r � i' � ` � .� ♦s � ..� �.+ �,: � � � � �` I+ / � • ` � � �' ��.. .r��I •. . � ' . . + , , � � , . . . . . . .. ..r,,,r 1 .y�. � .. .. . ��:. •,R..�. � . . - . � �, , � � � � plats � Subs.-Str. � Utit. Subcommittee Meeting-bfay 9, 1973 �age 2 ,---- Mr. Clark said the City doesn't honor this lot split, a until it is approved as a split, we will not split the special asses ents or issue a building permit. Mr. Julkowski said he had recently talked to the p esent owner of the ap8rtment complex and told him that Lot'll, in Marion: Hills 2nd Addition, adjacent to the complex to the West, was a tax forfe' lot. Mr. French asked if this lot could provide e ra parking for the apartment complex. Mr. Clark said it was a hard ot to work with, and 6 stalls, at the most, could be provided on this ot. Mr. Clark said the owner of the apartme complex in 1968 called the Engineering Department and said he was aving a problem providing parking for his tenants and wondered if he could t help in working out additional : parking. Mr. Clark said the drawing he as presenting tonight had areas _ where additional parking could be prov' ed, as marked in red. These parking � stalls were never put in, and there m be a different owner now. . Mr. Christensen asked Mr. Jul wski how he intended to use this parcel. .� Mr. Julkowski said he has no def' ite plans. He could sell it, or build on - it himself. Mr. Harris asked w t he could build on this parcel. Mr. Julkowski said he could build ome type of small office. Mr. Clark said as the pxoposed lot split wo d be 27,000 square feet, it does meet the code requirements and couid e built upon. Mr. French said tha as the owner of the apartment complex is having a-parking problem, he s ould probably be mad� aware of this request so he ' would know this prope y is either going to be built upon or put up for sale. - Mr. Forster s id the apartment owner would have the option of buying � the property or tting it go, but he at least would have the choice. - . _ . •, Mr.: Harri thought the administration shauld make the owner of the apartment com lex aware that his tenants were parkin; in a fire lar:a and �. that he need to provide additional parking. Mr. Clark said he wouldn't want to giv the apartment owner the impression that he had to buy this parcel. �� ON by French, seconded by Christer�sen, that the Plats & S�bdivisions- . Street � Utilities Subcorcmrittee continue the request for a Iot spZit, L.S. 73-05, Bernard Julkowski, to spZit off part of Lot 6 and 7, Auditor's Su� vision No: 153, to develop the Zand either multiple or commerciaZ, until th r next meeting, and request that written notice be given to the adjacent p perty owners. Upon a voice vote, a11 voting aye, the ruotion carried unanimously. . 2. VACATION REQUEST:: SAV �73- 08, DEN'iVIS RANSTROhi: Vacate 20 foot _ utility line between Lots 10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Mr. Uennis A. Ranstrnm and Mrs. Pat Ellis were present. - , . P1ats �, Subs.-Str. � Util. Subcommittee Meeting - May 9, 1973 Page 3 Mx. Clark saa,d there were no utilitzes in this easement so the City has no objectiot� to the vacation. We may want an easement on the South line of Lot 11 for a sewer easement. Mr. Harris asked how much of an easement the City would need. Mr. Clark said this would have to be verified in the field, but he thought six or seven feet would be sufficient. Mr. Harris asked if this would affect the side yard setback. Mr. Clark said it wouldn't although there wasn't too much high ground on this property and they were going before the Board of Appeals, £or a front yard variance. Mr. Harris said it looks like Lot 11 goes into the Creek. Mr. Clark said Mr. Foslien did own this property ard he still owns the property to the North of these lots. Verbally, Mr. �oslien has talked about rezoning part of his propexty and said he would deed the Creek bottom to the City for park land. . Mr. Harris asked if the Park Commission has laoked at this property. Mr. Clark said we have talked to Mr. Foslien about Outlot 1, and Lot 3, that xuns all the way to 69th Avenue,�_and he aaid he might deed to the City ar.y land that goes below a certain elevation. Mr. I�arris said this was.why he was asking about Lot 11. If the Park Department wanted to develop walking paths along the creek, wouldn't they have to come across this lot. Mr. Clark said they would if the path followed the Creek on the South side. Mr. Christensen asked Mr. Clark if there was any moratorium on any land that abuts the Creek. Mr. Clark said there wasn't although no building permits are allowed below a certain elevation. Mr, Haxris said if the Park Department should desire any of the land below the Creek for park purposes ,maybe there could be some land trading. We would give the petitioner the easement in return for dedication below the top of the embankment for park purposes. , Mr, Harxis asked the if the petitioner had anything he wanted to •add to the discussion. Mr. Ranstrom said he had a letter from his neighbor Mr. Foslien, in which he states that he has no objection to the•variance request or the vacation request, and a letter from his architect, Mx. Gordon Metcalf, ex- plazning the problems and solutions to building on these lots. Mr. Harris said the Subcommittee should read the letters and Mr. Ranstrom Could have them back tv present to the Planning Commission. Mr. Harris asked the petitioner if'he had any objection to trading the easement for a small. easement for drainage and utility purposes on the South lot line P� LC1t 11, and dedicat'ing the low land along the Creek for park purposes. Mr. Claxk said they could have some land on the other side of the Cr�ek. Mr, Clark said that any land that extends across the Creek cauld be dedicated £or park purposes. He continued that the poxtion of land that the petitianex owns on this side af the Creek couldn't be used �'or walking paths. Mr. French said that when he looked at this property he didn't see any �1ace for a walkway on this property on this side o£ the Creek. :� � Plats � Subs.-Stx. � Util. Subcommittee Meeting - May 9, 19'3 Page 4 Mr, Christensen asked if this would be a one story home. Mrs. Ellis said it would. Mx. Christensen told the petitioner he thought it was a beautiful site for a home, MOTION by French, seconded by Christensen, that the Plats & Subdivisions- Street� & Utilzties Subcommittee recommend to the P1annQng Commission approval of vacation �equest, SAV #73-08, by Dennis A. Ranstrom, to vacate 20 foot drainage and utility easement line between Lots IO and 11, BZock 1, Rice Creek School Addition, to a11ow construction of a home on two 1ots, with the stipulation that the City retain a 6 foot drainage and utility easement on the South side of Lot 11, and that any part of Lot 11 that Zies North or West of the Creek be dedicated to the City for park purposes. Upon a voice vote, a11 voting aye, the motion carried unanimously. Chairman Harris adjourned the meeting at 8:05 P.M. Respe�tfully submitted, . l�2.a-�" .. G�r.�rsiv Aorothy Eve on, Secretary . Planning Commission Meeting - May 9, 1973 Page 8 � Chairman Fitzpatrick asked if this would change the size o the lots. Mr. LondoA said two lots will be one foot less and two would 1 foot more. The lots are af different sizes because the width of the t depends on the size of the unit. Mr. Fitzpatrick said that administra t�eplatting and the Plats F� Subdivisions-St recommended approval. � as no objection to this � Utilities Subcommittee MOTION by hfarz�is, seconde y Lindblad, that the Planning Cormnission c1o�e the Public Nearing on proposed p1at, P.S. #73-05, by Aarrel A. Farr Development Corpora ' n. Upon a voice vete, all voting aye, tlie m4tion aarr�ed unanimously. . MOTION b arris, seconded by Drigans, that th� P1ann.ing Commiss�Ion reeoaamend t onncil appxoval of the proposed p1at, P.S. #73-D5, by Dar•.�el 1l. Farr velopment Corporat�on, a rep2at of Blxk 10, Innsbruck North 1bwnh se 1st Addition. Upon a voice vote, a.I1 voting 8ye, the motion carried � � mously. . , , .. ;t- � 4. � . VACATION REQUEST,�SAV #73-08,�QENI3IS A. RANSTROM: Vacate 20 foot utility and drainage easement line between Lot.10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Mr. Dennis Ranstrom and Mrs._p.at Ellis were present. . Mr. Clark said the petitioner is contract: purchaser of Lots 10 and 11, and wants to build a home that would cover portions of both lots. This � eaSement is not being used so administration has no objection to the vacation. We do have a storm sewer. running East and West at about the location of the South side of Lot 12, and it is recommended that the Gity retain a 6 foot drainage and utility easement at this location. A large portion of Lot 11, is at Creek level and Plats $ Subs recommended that any portion that was North or West of the Creek be dedicated to the City £or park purposes. Mr. Clark said he thought it sho�-ld be seriously considered getting a reconunendation from the Parks � Recreation Commission before this goes to the City Council. He said that in his opinion, anything South o7' East of the Creek couldn't be used for walking paths. � Mr. Ranstrom said he has letters from the adjoining property owner that he has no objection to the vacation,, and a letter from his architect . explaining the problems of building on this property, which he would like to present to the Planning Commission at this time. � MOTION by Harris, seconded by BZair, that the Planning Commission receive the Ietters from F1oyd F. Foslien dated May 4, 1973, property owner to the North of the property, and Gordon Metcalf, Architect, dated May 5, 1973. Upon a voice vote, a11 voting aye, the motion carried unanitnously. Mr. Harris requested that these letters be sent on to the City Council also. `M�c. C1ark sa�d the petitipner is anxious to build this house this swrnner. If we wait for a�recommendation from the Parks �, Recreation Commission Planning Commission Meeting - May 9, 1973 Page 9 it cpuld delay this into September before all the Public Hearings and readings of the ordinaces are through. You could xeco�nend this for appxoval subject to the findings o£ the Parks � Recreation Commi�sion and the Park � Recreation Department. They have June llth as their target date for the Public Hearing by the Council. Mr. Fitzpatrick said if we continued this until May 23rd they could still hav� the hearin$ b�far� Couneil Ju�� llth. �OTION by Harr�s, aeconded by 81air, tha� the P1ann�ng Comrriisaion cvnt�nne unt�1 May 23, 1973 vacat�on reqnest, SAV N73-08, by Dennia A. Ranstxom, to YAcate the 20 foot utility and drainaqe easement 13ne between Lots 10 and 11, Block 1, R3ce Creek School Addition, to allow construct�on of a home on two lots, untjl we get the recomnendations of the Parks 6 ' Recrestian Cor�aniss�on, the Parks & Recreation Department, and the Board of Appeals. Upon a voice vote, a11 voting aye, the motion carried unanimously. 5. RECOI��IENQATION FOR VACATION OF 67TH AVENUE N.B. BETWEEN FRID Y STREET N.B. AND STTNSON BOULEVARD Chairman Fitzpatrick said that in Item 2 we recommende vacation o£ 67th Avenu� between Anoka Street and Fridley Street N.E. is leaves the area between Fridley Stxeet and Stinson Boulevard that we hould make some kind of xecommendation on. Mx. Harxis said this was discussed at the Sub mmittee level, aithough no recommendation was made. It was felt that the alance of the street ease- ment on 67th Avenue should be vacated with the quest that the adjacent property ownexs rededicate the property from e crest of the embankment back to the City fox park purposes. This w d help clean up the entire area. Mr. Fi�zpatrick said the tax forf 't lot which is Lot 1, Block 1, Oak Grove Addition to Fridley Park, s uld be called to the attention of the Parks � Recxeation Commission. r. Blair said he wanted this called �o the attention of Paul Brown als . . Mx. Harris asked how the l�vation was on the easement fox 67th Avenue on �he lots under discussion Mr. Claxk said that most of the easement lies belpw the embankment. Mr. Dri�ans aske i£ Mr. Clark thought the people would agree to rededicating land ba to the City for park purposes. Mr. Fitzpatrick said thexe would b people who wouldn't car� if the City holds this easement far a street or x park purposes. Mr. Clark said the area could be better contralled if ' was de�icated for park purposes, and we could make this known at the earing. � MO ON by Narris, seconded by Drigans, that the P1aru2�ng Commiss�on recomm� d to Council that when they have the Public Nearing for the vacation of 67 Avenue between Anoka and Fridley Streets N.E. t�at they include the a.re between Fxidley Street N.E. to Stinson Bou.levard, subject to the property o ers rededicating the property below the embankment back to the City for k puxposes. v,pan a voice vote, a11 voting aye, the motion csrried unanimausly OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE BOARD OF APPEALS TO WHOM IT MAY CONCERN: I�TOTICE IS HEREBY GIVEN THAT the Board of Appeals of the City of Fridley w ill meet in the Council Chamber of the City Ha.11 at 7:30 P.M. on Tuesday, May 15, 1973 to consider the following matter: A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 11 feet to allaw the construction of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same being 6700 Arthur Street N.E., Fridley, Minnesota. (Request by Mr. Dennis Ranstrom, 3728 Foss Road N.E., Minneapolis, Minnesota.) Anyone who desires to be heard with reference to the above matter may be heard at this meeting. WI�I.IAM DRIGANS CHAIRMAN BOARD OF APPEALS 0 May 14, 1973 William Drigane, CiKAIRMAN Board of Appeal� City P�all 6431 Univereity Avenue Fridley, Minnesota 55421 Dear Birs �' �anaerning the letter advising ue ot a public hearing before the Appeals Board on May 15, 1973, i.n regard to a request by Mr. Dennis Ranetrom to reduee the front ya�d setbaek on lots 10 and 11. We are unable to be at this heaPing beoause of recseiving thi� notice only on Friday, May 11, 1973. (We ow�a the property at 6679 Arthur Street N.E., Fridley, but we don�t live there.) Our only aonoern is that we receive a aopq of alternate plans for the turn around. Al�o, we will object to any additional asaessments against our property inaurred beaause oY this alter- ation. We request thie information bePore Mr. Ranstrom�s appeal is granted. Thank you �or your tirne in this matter. 3ineere ly, G� � � / ��a-� � Mr, and Mra. C€erald E. SQhxar�zrovk Rural Route Three, �awle�, Minnesota S6S49 a�s:aa � o� � i�- �� %Co pb ��,a,7 �0 7h e a�Pa � � -- __--_ .__----_ — Phvne number: 93?-b676 Area code 218. � 1. THE MINUTES OF THE BOARD OF APPEALS SUBCOMMTTTEE MEETING OF MAY 15 1973 The meeting was called to order by Chairman Drigans at 7:45 P.M. MENIBERS PRESENT: prigans, Crowder, Harju, Wahlberg MEMBERS ABSENT: None OTHERS �'RESENT: Howard Mattson, Engineer' Aide, and Jerry Boardman, Planning Assistant MO�ION by W$hlbe�xg, to appr written. � Secor�ded by C unanimously.� minutes of the April 24, 1973 meeting as Upon a voice vote, there being no nays, the motion carried 1 ON_LOTS 1p ANp 11. BLOCK 1, RII STREET N.E., FRIDLEY. MINNESOTi N.E.� MINNEAPOLIS� MINNESOTA.) ;?� BE RANSTROM. 372 MOTION by Crowder, seconded by Wahlberg, to waive reading the public hearing notice. Upon a voice vote, there being no nays, the motion carried. Mr. Ranstxom was preaent to present the request. He presented an overlay of the property to the Board for their review. This showed the proposed location of the structure on the lot and the elevations of the lot. Chairman prigans stated that there is a vacation request, for a 20 foot utility line between Lots 10 and 11, pending before the City Council on May 21, 1973. The variance, if granted, woald have to be contingent upon the vacation being gxanted. 0 Mr. Harju arxived at 7:5Q P.M. Mx. Drigans said there aae aa alternats plar► talk�d about for th� �asag� and driveway. Mr. Ranstxom anawered the dotted line on tha plan ehows the etlternat• placetnent �whers the garage would awing more to the aoutheast. Mx. Harju asked if the house plan could be built on th�s lot wi.thout #illing in the back of the lo� and Mr. Ranatrom answered the house would be built with the exist,ing gxades. Mra. Wahlberg asked which dxiveway placement they pr@ferred. Mr. Ranstxom answered they preferred the fixst placement. The alternate placement might have to have a retaining wall which would be m6re co8tly. Chai.rman 17ri.gans stated Mr. Ranstrom was asked to appear before the Parks and Recreation Commission to review the survey for the plan west and north across the creek, and if the survey �howed Mr. Ranstrom owned land�across the creek, he would be asked �a donate thia land to the City for paxk purposes. Mr. �i.a,nst�om said he wvul@ agree to that action. The Minutes of the Board of Avpeals Meetin� of Mav 15, 1973 Page 2 - Mrs, Wah�berg asked how much of a drop the back of the lot has. Mr. Ranstrom anawexed ao�ewhere from 35 to 40 feet. , Chainnan Ux�igane s�ated a letter was received from Mr. Floyd Foslien, adjacent property owner, in which he eaid he had no objections to either the variance ox the ve�cation requeat. He said the Board also received a lettez from Mr. and Mrs. Gerald Schwartzxock, awners of 6679 Arthur Stre�et, which stated they had no objec�ions to the variance as long as there would be no additional assessments •against their pxoperty ineurxed because of this elteration. Mr. Boardtnan said he had talked to Mr.,Schwartzrock and had assured him that this vaxiance would not add any assessments to their property. He added they . had no further objectiona to the variance. Chairnwan Drigans added the Board al.so received a letter from Mr. Gardon Metcalf, architect, in which he statea the physical problems of this kot and the construction restrict�iona as fax as building a dwelling on these lots. Mr. Metcalf also states severe gxading operations would destroy the aesthetic aspects of the lots and therefore he hopes the City would grant a variance to waive the front yard aetback. MOTTON by Wahlberg, aecanded by Crowder, to accept the three above noted letters. Upon a voice vate, there being no nays, the motion carried unanimously. Chainaan Drigans asked how much footage ia between the front•of the gaxage and the curb. Mr, Boardman anawered approximately 21 feet and a car could park in that area. Mr. Crawder asked if the City has any pxeference on which driveway plan ia used. Mr. Boartlman answered no, as long as the cars don't hang into the street. MOTION b� Wahlberg, seconded by Harju, to close the public heaxing. Upon a voice vote, thexe being na nays, the motion carried unanimously. Mre, Wahlberg stated that it appears that any plan is limited by the steep slope on the 1Qt and the turn circle access. She said she felt there is enough of a hardahip that it would be advisable to grant the vaxiance. Mr..Crowdex stated'hia cauanents would be the same, plus the fact that due to the cul de sac, the appliaant really has no one to line hia house up with and his driveway would not interfere with anyone else as he would ba the last housa on the stxeet. � �r. Ha�cju stated he �elt the house could be reveraed but thi8 probably would not lend itself aeathetically to the architect. Mx, Boarciman added that because of the eize of the house to the garage, you cauld end up with the house on atilts by reveraing the plan. , MOTZON by Wahlb�xg, seconded by Crowder, to reconaaend to the City Goun�il, approval of th� vaxiance from 3S �eet•to 11 fe�t, contigent on the approval af the ease+ment vacaCi4n by the City and that �he Park and Recreation Commisa�on has na objectiona. Upo�n a vaice vote, there being �o nays, the motion carried un,animous ly . May 16, 1973 Mr. William Drigans, Chairman Board of Appeals 6431 University Avenue Anoka County Fridley, Minnesota b5421 Dear ,31r: Tha.nk you so mueh for the phone aall of May 15, 19?3, indicsating that the reque st of' Mr. Dennis Ra.nstrom would no�G affeat our property on 6679 Arthur Street Northea�t, Fridle�, �Iinne sota. Upon talking with my husba.nd about �his matter, we were wondering why it was neQe�eary to notify us in thie matter ii it �ust invo lne8 reloQating Mr. Ranstrc3m�s drive- wa� cn his proper�y, located next to oura. Would it ta�� too mueh cP your time to explain thi� very briefly to us. Thank you ao muah agai.n Por your assiatanae in thie matter. S in ee re ly, �� i��.��'�� Mr. and Mrs. C�erald E. 8ohwartzroak Rural Route Three, Piawle �, Mi.nne so ta 56b49 Phone: 218-937-56?� , = �.�� ,�.-,� � � 560-3450 I i ; '�, I �� /• • . l�ct o �rcd�e �- - � � � � ; .,. � � _�' ¢-��- i ANQKA COUNTY � A--�Y�J � Y '\ ' Ma.y 21, I973 �+, 6431 UNIVERSITY AVENUE NE , fRIDLEY, MINNESOTA 55421 r 1 Mr. � Mrs. Gerald Schwartzrock Rural Route Three Hawley, Minnesota 56549 " Re: 6700 Arthur Street N.E. Dear Mr. �, Mrs. Schwartzrock: � The purpose of the Board of Appeals is to receive and hear requests for variances. The request by Dennis Ranstrom was for a ' front yard setback variance from the required 35 feet to 11 feet from the property line. This would allow a total distance from the curb to the garage of 21 £eet. For this reason, Mr. Ranstrom brought in an alternate driveway alignment. The procedure for receiving a variance is the notification of all property owners within 200 feet of the property requesting the variance. This is the reason you received the Public Hearing notice. (I've attached a copy of the plan layout of Mr. Ranstrom's house for your information). Sincerely, � s � �� ,� � `� 'j ,y . , / /Jy � . . . . � . . � . . y /�{:•3�� / / l , ..j '_ _ . . ', 'y'_p�+...- '�� ERROLD L. BOAR Planning Assistant JLB/de . Attach.. , : . - , ��UI,�R COUNCIL MEETING OF iyAY 21, 1973 PAGE 1� MQT�ON by Coun��lman Breider to approve the c ruction of a dust collector at ?S21 Gommerce Lane. Seconded by Counci.lm tter. Upon a voiCe vote, a11 vo�ing aye, I+�ayor Lieb1 declar�d the motion � ried unaimously, M,QTTON by Councilman �tter to ceive the minutes of the Building Standards pesign CpnGrol �ubcommittee meet' of May 10, 1973. Seconded by Councilamn Starwalt. Upon a vQice vote, al �ating aye, Mayor Liebl declared the motion carried unanimously. RF��ETVZNG Tl� MINL'T�S UF THE BOARD OF APPEALS MEETING OF' MAY 15, 1973: � p�,,,REQtTEST FOR A VARIANCE OF SECTION 45.053, 4A, FRIDLE� CITY CODE, TO REDUCE THE ,�) F'�ONT YARD SETBACK FROM 35 FEET TO ll EEET TO ALLOW THE CONSTRUCTION OF A DWELLIN� �� QN LOTS 10 ANp 11, BLOCK l, RICE CIiEEK SCHOOL ADDITION, TI� SAME BEING 6700 ARTHUR ..��ET N E, FRIDLEY MINNESOTA �,�EQUEST BY MR. DENNIS RANSTROM, 3728 FOSS ROAD � N. E � MINNEAPOLIS, MINN�SOTA). '' Ths'City En$i�e�r said the action on Che varianGe should be continued until aeCion ie tak�� on, the vacation of the easement. .,�� VARIANCES OF SECTI�T 45.134, 4, B1, TO REDUCE TFiH: REQUIRED � IVEWAY FROM 30 FEET TO 25 FEET AND, SECTION 45.135, 1, E3, E7.WEEN OFF STREET PARKING AND A LOT LINE FROM S FEET TO ZER� TRUCTION OF A BUS GARAGE AND STORAGE BUILDING TO BE LOCATED 25 FEET OF LOT 2, BLOCK 6, RICE CREEK PLAZA SOUTH ADDITION,_ N STREET N. E., FRIDLEY. MINNESOTA, (REQUEST BY MR. RODGER xhe �iGy En$ineer OR A S there was no action necessary on the item. F SECTION 56.05, 3A, FRIDLEY SIGN ORDINANCE, TO INCREASE THE SI T FR0�1 75 SQUARE FEET (157a OF THE_ TOTAL WALL AREA) TO 95 A WALL S 6528 � INNE80TA. RE UEST BY EDIN REAL INC. 6528 UNIVERSITX AVENUE N. E. FRIDI.E �,z�sQTa, ) MOT�QN by Councilman $reider to approve e variance for the wall sign from 75 feet C� 95 fe�t as requested by Edina Realty. conded by Councilman Utter. Upon a vo�.o� vo�� al1 voting aye, Mayor Liebl decl ed the motion carried unanimously. YARD FROM 10 FEET NG STRUCTURE LOCA 6746 - 7th STREE - 7th STREET N. E 45.053. 4B L�� ! THE CODE. TO BY MOTTON by Councilman Starwalt to approve the variance for the ide yard set back �rom 10 Ee�at to 8.5 £eet as requested by Mr. David itickter. Se nded by Councilman pttpr. U�an a voice vote, all voting aye, Mayor Liebl declared th motion aarried unanimausly. �OTIQN by Qcauncilman tTtter to rec�ive the minutes of the Board of Appeals eting q�f Ma�y' i5, ].973. Seconded by Councilman Starwalt. Upon a voice vote, a11 v in$ ayma �ayc�r Li.�hl declared the motion carrried unanimously. 0 R�GUI,AR COUNCIL I�ETING OF MA� 21, 1973 REVISED BY PAGE 16 The Gi�y �ngi.nesr said he had talked to the people from the Wal Corpvration at 5:30 that �:Vening and they had presented a plan to him for the construction of all CoWRhousea in the development of the Reidel Property. He sa there is a problem of tho density. He said the units within the R-1 zoning mus be owner occupied BcCOrdin$ Go the City Gode. He said he had some reservati s about the proposed acc�sa to the area under the new plan, He said the agree nt made with the neighboriag propex�y owneX� must also be considered in the review of he plan. �QUA�i�ma� Brei.der asked if there was a plan they coul review at the present tim�. MayQr I,iebl asked if someane from the Wall Corporati would make a presentation oc� th� pxoposed plan, 'Mt'. Rudolph I?aate, stated he was a representative rom the Wall Corporation, and a+�dr�esed the Council, Hs said in th� original an 108 units were multi .family un�.t� and 63 were townhousea. He said they had eevaluated their plans. Ha �aai,d th� new plans were dropping from the m ti famfly and adding all townhouses, �I� �aid thora wpuld have bean 171 townhouaee the firat plan. i�tz. A+►ate eaid the ppading area would al�o e chang�d. He said th�y had origiaally pldtuied for tha �.nstallatio� of one pond d now they planned on putting in threa ponds with a flowing creek connecting th . Mr. p�nte said the new plan reduced th total number of units to 155. He said the portian of the land that may be consi ered for the library had been left aut of the pJ.an. Mz�. pante said the Wall Corp atian has an agzeement to ataff and maintain th�o prop�rty of the total communit development, CauciCilmaa areider asked i� ther was a recreation building in the plan. Mr. Dante said y�s, 8AQ aquare feet in s e. Th1� City �ngineer said the r creational building is much amaller than was originally proVided �ar in the first p ana on the complex. He added, the original plana called for 2,QOQ aquare feet and n additional 1,000 square feet of swimming pool. Ma�yor L�.ebl said the un s must be owner occupied and asked if the zoning was proper. The C�.ty �ngineer said he zoning is not proper. He said the staff is concerned � abaut proteG[ing the eighbors. He said there are now 20 more on 7th Street than wh�t they had told t e people there would be. He said there are problems with the dr�inage and proble s with the access. He added, before they planned a good recrea[ion faGi.lit�, and now 't is not �;ood. He said there is a review required by the Planni�ig Commiasian for th constructiun of townhouses, unless the Council would like to by- p�es this requir ment. He said he did nut feel the commitment made to the neighbor- hCOd could be m t with ttie present propusal. � Mayoz I,ieb1 s id he thought this was a good plan because it is residential. He said he� did not derstand. The Cit� torney said ic is not a question of what the City would rather have�. He aai,d the �s a zoning requirement. He said the development may be beautiful and aot f�.t he code. He said the developer would have to go through the proceduzea as stipul ed in the Code. � i� t• CITY OF FRIDLEY PLANNING COI�IISSION MEETING CALL Tp ORDER: MAY 23, 1973 Chairman Fitzpatrick called the meeting to order at 8:10 ROLL CaLL: . �' . � Members Present: Fitzpatrick, Lindblad, Blair, Members Absent: Haxris � Others Present: Darrel Clark, Co�anunity Deve APPROVE PLANNING COhA�fISSION MINUTES: MAY 9, 197 �� ' s � PAGE 1 t Administrator � 1MOTION by I.indblad, seconded by BZa�r, at the P1�aruiing Commission approve the minutes of the May 9, 1973 mee ng as wr�tten. Upon a voice v�ote, a11 voting aye, the motion carried nanimously. RECEIVB PLATS $ SUBDIVISIONS-STREETS� UTILITIES SUBCOhMITTBE MINUTES: 3 MOTION by Bla3r, seconded b Drigans, tha� the P2ann�ng Con�utssion .recelve the P1ats & Subdiv�sion -Streets � Utilities Subco�ttee minutes of May 9, 1973. Upon a voice ote, a11 voting aye, the motion carried unanimously. ' RECBIVE PARKS �, RECREATIC� COI��IISSION MINUTES:_ MARCH 26, 1973 Mot.ion by Drigan , secanded by Lindblad, that the Planning Commission receive the Parks & ecreat�on Comnission minutes of rlarch 26, Z973. Upon a voice vote, a11 ting aye, the motion carr�ed unanimou�ly. RECEIVE BUILDIN STANDARDS-DESIGN CONTROL SUBCONIl�IITTEE MINUTES: MAY lp 1973 MOTI�N y Lindblad, seconded by 81a3r, that the PZanning Comnission receive th Bu�lding Standards-Design Control Subcommittee minutes of May 10, 1973. U n e voice vote, a.11 vot�ng aye, the motion carried unanimously. RECEI BOARD OF APPEA MINUTES: MAY 15, 1973 MOTTON by Dr�gan, aeconded by Blair, that the Planning Coinpissior� �Lve the Bo$rd of Appeals minutes of May 15, 1973. Upon a voice vote, voting aye, the rration carried unanimously� �CQNTINUBD: VACATION REQUEST: SAV #?3-08, DENNIS A. RANSTROM: Vacate 2Q �oat utility and drainage easement line etween Lots 10 and 11, Block 1, Rica Creek School Addition, to aliow co�struction of a home on two lots. Same as 670Q Arthur Street N.E. Mx. pqnais Ranstrom and Mra. P�� lj,�,� were present. . ar .� Planning �ommission Meeting - May 23, 1973 Page 2 Mr. Clark said this item was continued until we had a recomnenda�tion fro� the Parks & Recreation Director and the Parks & Recreation Coimnission. Chairman Fitzpatrick said we do have a memo from the Parks & Recreation Director and the Chairman of the Parks & Recreation Comaaission is present. Mr. Hlair said the Com�nission concurred with the Director in that we have no need for any park property from these lots. Mr. Arigans asked if the City has any easements that follaw the Creek. Mr. Clark said no. Mr. Arigans said he didn't understand point five in the memorandum from the Park Department. This was a sugqestion that the lots be left aa thsy ara. Mr. Cla�k sa�.d tta�t me�,nt tca ].eave them in pri�v+�t� aw��r- ship. Mr. Ciark said this waa alsa continued unti7. this itaa had b��n befora the Board of Appeals. Mr. Cla�rk said tha varia►aca wa�a approvad �ubjeat to t,l�e vacation being approved. The Plata & Subdivisione-Street• & Utilitias Subconanittee approved thie request subject to a 6 foot drainaqa anS utility easement being gratited on the South side of Lot 11. . Chaiz�man Fitzpatrick said there was a qully on the property. Mr. Clark eaid thare was no public right of way draining into this gully, and this was to be taken care of by the:pstrticmer-�t the time he was ready to start construction on the home. . NOTION by Drigans, seconded by Blair, that the P1ann3ng Commission . re�omroend ta Council app�oval of ti�e vacation reguest, SAV #73-08, by D�enn�s Ranstrom, to vacate the 20 foot utility and drair�age eaaea�ent Iine between Lots 10 and 11, BZxk 1, Rice•Creek School Addition, to a12ow construction of a harrte on ta►o .iots, subject to a six foot drainage and utility easemen� be.tng granted on the South side of Lot 11. Upon a vofce vote, a11 voting aye, the mot�ton carried unaninausly. 2. ST FOR A IAT SP] Spli`b�off part of Lo� 6 and 7, Audi land eii.'is� multiple or comdaercial. , L.S. tor's 3-05, HERNARD JULI�OWBKI� No. 153, to develop Mr. Hernard Julk i was present. Chais�nnan Fitzpatrick said is item had been continued at 1:he SubcomoQittee l.evel ao the adjaQent property could be notified of this request. Mr. Clark said he had heard tonight t one of the owners is in the hospital, so no ane fram the apart�aent caaple ad appeared this eveniaq to give any opinion on this property. One oP the new owners has vontacted the City recent asking to have the �no parking' �ic,�ne removed on 52nd Avenus. Mr. Jack Get�el, District Supervisor for Robert Hall, a�nd Mr. . a�v�, Mnnager ot the Fridley Robert Hall pere at the Subcoaaaittee meetinq and i they had np objec�ion to this lot eplit. . � � %"t�' s � t.� J .,�i ', ;�, �, ��► � � �. j�i%.� e.' e ;r�i� 7�.:: �..: j #:� � � ��2.C! n%i � i � # ��'.a iJ �a�"i"� !'� �'� U'*�% � � �''� !�"� -� ��-�...,�....,�.. a' �:� �� .� ��;, � ,�-- _ �� '� ` �� G�-�'-�� -�� = �� -�.►-�.i �� , � , � �, ��,.�,,,�,,,,� . �� l�,1 ►�► N r: il �� 1 � I L r��L �� . � V 4 Tl?F, 1rf�,�iliTES �OF THE PU$I,IC HEARING r1EET:ING OF JUNE 11, 1973 Th� Publ�,c Hearing meeting of the Fx'idley City Council was called to azder t 7:4Q F.►n., .�4tcie �1, 1973, by Mayoz Lieb1. P�D�E QF ALI,EGIANCE : MayQr I,i.ebl ].ed the G�,u��cil and the audianc� in �aying the Yle e of Allegiance to the Flag. f�I,�„LL � M�MBERS PRES�NT: k�Mi3ERS A�SENT: �,DOFTION �F A(�ENDA : Nee, Breider, Liebl, Utte Starwalt. / M,�yG�c I,i�b� 5did tI�E� 1uLluwi<<h i�E,m�. w�•t��Co be ad�ied [u the ag�nda; Tntrpduction of new employees by r. ,James Hill, Public Safety Directcax. I,etter of resignation o� �Ir. G ald R. Davis, Ci�y Manager, effective August 10, 1973+ MOTIQN by Cour►cilman Nee ko ado tt� agenda as amended. Seconded by Councilman Br�ide�. Uppn a ��oice voCe, 1 voting aye, Mayur Liebl declared the motion carried u�a,��.�►��,51y. TION oF_ _tvr:w po�E orr SAl�ET1 DIRECTOR: The Public Safety D' �ctor addreased khe Council and the audience and asked the two new FQli�e Oi'fice to stand �or the introduction. He i►��xQduced r, David L. Younkin, 1622 Carl St., St. Paul, and said he had atatt�d �'ridaya Mar 26, 1973 and had immediately gone into Police Recruit training on the 27th oi Ma ch, Tk�� pu i� Safety Di.rector introduced Mr, Lawrence A. Chubb, 125 - 7th,Av�enue S,E., Clas��a and said he had joined the force on June 2, 1973. He said Mr, Chubb �a married �n�d as one child. M�y9r T�i+:b1 welcomPd the new police department employees to the City of Fridley. ,°I _,y PLTBT.TC HEARING ON VACATION REQUEST SAV ��73-08, DENNIS RANSTROM�, TO VACATE 20� v U�"�� [1T�I.ITX AND I�RAINAGE LINE BE7.WEEN LOTS 10 & 11, BLOCK 1, RICE CRE$K SCHOOL ADDITIQN , TQ ,��.LA�J T1�E �ONSTRUCTION OF A HOME GN TWO LOTS . Th�! City Engineer said the Public Hearing notice had been published May 3p, 1973, and ,�un� 6 � 1973 , M��►Pr Liebl read aloud the Putalic Hearing Notice, �10I'�4�1 by �ouncilman Breider to open the Public Hearing on vacation requesC SAV �k73-08. $eeo�ndsd by �ouncilman Utter, Upon a voice vote, all voting aye, Mayor Liebl deC].AreQ the motion carried, �idyor i,i�b� asked �i Mr. Dennis Ranstrom was in the audience. Mr. Ranatrom reapond�d. r PUBL�C HEARING MEETING OF JUNE 11, 1973 PAC,E 2 T�,� ��,ty E��.neer sai,d the praperty involved in the request is at the north end of Arthux Street an the culdusac. The City Engineer said there had been plans to ia�C�tll a skvrm sewer in the area, south of Plississippi Street which will run xhrough thi� area to Rice Creek. H� said if the Council would grant apprqval o� khe� r�qu�aC, the pipe would be placed east and west rather than nox�th and south. He said th�x� could be a trade of utility easements on the property. He said he did have eQa4e xe8�rvations about the construction of a house on the property, buC th�y wer� only diecu�sing rhe easement at th� prea�nt time. He said the vacation wauld fit i�ato the plans �ubmi�Ced ta ihe City MOTTON by Councilman Nee to receive the lettera from Mr. Foalien, dated May k, 1973, M�. M�tRe�lf, addreseed to Mr. Ranatrom, dated May 5, 1973, and Mr. �rown, dated �iay 17� 1973. Seconded by Cpuncilman Utter. Upon a voice vote, all votit�g +�ye, Mayox' �,iebl d�clared the motion aarried. Coun�ila�an Utter queationed the City Engineer if he felt he would geC proper drainage fzom the area with a bend in the pipe? The City �nginear said thia would properly drain the area. Ths City En$a.neer placed a map in the overhead pxojector and said that the colored portion of the map represenCed the;City's original plan for acquisition of property for park use. He said the property concerned is within the bounds of this future pl�n. He �9aid same partions of the property are at road level. The City Engineer it8ted kh$t if the Council wished to approve the request for rhe vacation of the easettuenX, he would recommend requiring the owner to dedicate somr. of the low portion o� the property to the City. CounCilman Utter asked if there was an easement for 67tti Avenue? The City Engin�er �aid no, theze was unly one ou Anoka and Stinson. He said the presently discussed easement is between the two lots. CaunCi�.man �Jee asked if ttiE land had bee�: tax forfeit? The City Engineer said he did not know and questioned rir. K3nstrum on the point. Mr. Ranstrom said not that he knsw of. �ouncilman Nee asked the City Engineer if there was a roadway easement for 67th Avenue? Ths Ci.ty Engineer said no. �he C�ty Engine��r said if the Council did not vacate the easement, this would make the loz unbuildable. tie referred to page 1-G uf the agenda, saying if the members o� th� CouACil would like to know what he was Calking about, this indicated the pro- poeed construcCi.on plan. Caut�.cilman Utter asked what the distance of the proposed fence would be �rom the hvuee? The City Engineer said this would be eleven feet. He said the petitioner hed alaa applied for a dariance, and the Board of Appeals had recommended approval of the var�.anee contingent upon the vacation of the easement. The City Engineer said tbs xecammended variance for the set back i�s from 35 to 11 feet. Counc�.J.man Utter asked if there ia anything in �he area now. The e�tid thp City has a storm sewer pipe on the south line of lot 11. pxopoa�d p�,pa would be 25 to 30 feet deep and the sct�ool had given ment tor this purpose. � � G�.ty �nglneer He said the the City an ��se- PU�I,IC I3,EEARI�G MEETT_NG OF JUNE 11, 1973 Th� City En�;ineer said khe property i.s difficult to c�uild ,��; p pxobLems wi th the kic�s in the area. lie ; e tt rred to a &om�ons f�ad turned >n thc fire h_ydr:�nt. i[e said he wuuld �caus� wQuld nok be waShed down the hill. PAGE 3 on. He said khere is recent incident when like some assurance the Cauncilman Nee questioned the meaning of the statement made by the Director of P�xks a�id Rec.�eati.on, stating, it would seem he opposed the granting of the request, by the st�t�ment in the memorandum numbered 5, "Suggest we leave the lots as they ar�." '�he City E�1gineer sai:l this meant that �hey should be left as they arQ. Gouncilman Nee �aid he a�+, con�erned how on� would get access irom the south neighbor- hood. He asked if this wuuld close the public access from the south. The City Engineer s8id it would not, as the Schuol pruperiy which was adjacent to the property being discuased would allow access. He said the hill c.�n the ne.xt st.reet is very steep. HE' poic�ted out the various routes of the access on the map on the overhead projector. Coun�ilman Nee asked if the creek could be made accessable from the south, He questioned the City Engineer if steps could be constructed on a drainage and utility easemeclt. The City Et�gineer sai.d this c,�>uld �e done, but 'tie w�uld questi.on doi.ng this me�el� for the purpose of public assess. The City Engine�r said at the Bnd of Fridley Street there i& a culdusac and ri�ht of way to 67th. He said the a�'ea �.s v�ry $t�ep. �h� City Attorney said if 67th Street is vacated, as far as being a roadway, on the end Of �t�i.dley Street, the City cauld keep or give back right of way for an eatrance for foat traf f ic . Mayor T,1�b1 asked the City Engineer, if the Council approved the vacation of the 20 �'AOt easement and would be granted the six foot easement, could the City live with Chis? The City Engineer said yes, this could be done on the school property. Ii�s said thex'e would be no problems . '�he Ci�y E�g;ineer said if the house is built on the property, he wauld like some �videace �hat 1� is built on stable ground. He said he would J.ike to acquire a part�,on of the lawex' pzoperty for public use, Mayox �i�hl suggested a lettez of agreement for these items. The City Attorney said it was hia understanding that Mr. Ranstrom would furnish soil tests on the pr�p�rty. Mayor L,ieb1 said if Mr. Ranstrom would agree to the exchange of easementa, the Coun�il cQU�d do something about the vacation request. rIx`. Rans�ram said if the City would require him to dedicare the lower porti.on of hia properGy for public use, there would not be any living area on the entire pieca of pxc+perty except the top portion which will be completely occup:Ced by the Co�struct�on of the home. He added, nothing else is usable because of the etespnssa of the Cerrain, He said if the west portion of the property abutt�.ng the cre�k wa� to be Caken for public use, there would not be any use �ar the ��nd �k all. He said he would not build a home, if this were a condition. �'UBLTC HEARING MEETING OF JUNE 11, 1973 PAGE 4 M�yor T,isbl said he would like Mr. Rar�strom co come forward and paint out this area on the map. Mayor Liebl asked Mr. Ranstrom to point out the area caf concern mentioned by ti�e architect �.n his letter. �lr. Ranstrom said Mr. Metcalf, the �XChitect, was concerned about the swale c�n the west portion of the property. The Cizy 'Mana$er said the easement cuts the build$ble portioii of the properzy in �wo pieces. CQUncilman Nee asked about the flood ��lain zoning and its implications on the prop�rty. I�e said these implications may be subst�tttial.The City Engineer said the F1aad �laia may involv� the lower portiun of the property but the constructivn Would b� at 8treet level. Mr. R�nstrom addr�:ssed Councilman Nee refering the atatement in the memo received by Mr. Paul Brown had been clarifi�d by Mr. Darrel Clark, Community DevelopmenC �,dministrator, at the May 23, 1973, Planning CAmmi.ssion M�et�.n�, Mr. Clark, had said said ehis wa�ld me�n to l�av� the property in privaee own��ahip, no� Ch�C the p�operky ehnuld remain untouched, Mr, Raaatrom a�id. Council.m�n N�o aaid thiw wpt�ld tn��n withaut puF�li�c �wn@rahip. Mayoz I,iebl read the aix pointe in the memoranducn submitted by the Director of Parke at�d Recreation aloud to the Council and audience. , Councilman Nee asked Mr. Ranstrom if he was saying that he would not coopexat� in th� dedicaCion of land to the CityY Mr. Ranatrom eaid he would not build if th� land had to be dedicated to the City. Mr�. Barbara Hughes, 548 Rice Creek Terrace, asked if Che lots go into tt�e middle oi th� creek? The City Engineer said yes, and pointed out the area on the map, Couneilman Nee said the Public ia making quite an inveatment and he thought the City should watch this, Councilman Breider asked how much property was being talked about for the walkway eae�men�? The City Engineer said all he was saying is that this propexty had been in the plan. He added the top area ia a good buildable site, He said i.f th� �ity wanted Co connect the �outh side of the property, they should have �ome oaeamea�. Couno�,iman Bra�.der agid it waa his opin�on that ths publlc daes have acaeea. He added, the people can go thzpu$h there b� canoe. xhe City Attorney agresd saying, tha water euxf�ce is public and cannot be regulated by the property own�r. The �ity Attorney aaid there wauld have to be an easecnent at the bottoca of the lot, or they could not get there. Mayor Liebl said the persona uaing the creek would aot b� ab�e to atop off on the private property. Cotu�ailman 8xeider asked Mr. Ranstrom �f he would dedicate 1a�d fox traila an the prpparty i�' �k 1a needed in the future for the Qver�ll park plan. PUBLIC HEARING ME;E'I I'� G ur' .TUNE 11, 197 3 PAG� 5 Mr, Ranr�trom s�id if there were a trail to cross the creek and enter on some pQr�io.n of �h� property, th�: trail would have to be clirected immediately back acro�� k►� cr�ek, as there is no place to continue a path on the steep terrain. H� add�d, if the City thinks it would be a good thiag to install patha on the p�pp��'ty �ame time in the future, I will agree and dedicate the ea�ement at �hat tim�. Cpun�ilman Breider said if Mr. Ranstrom would not agree to grant the easemeqt �Qr th� path, and the City were in trouble some time in th� future, the City wou�,d hmv� to condemn the land. He said he would like assurance that if this �.� n�eded �tt a£uCure date, that thay wil� not have ta fight about it, Mx. R�nstrom as[ced how much of an eaeement they were talking about. Councilman $x8�ider ��aid th�re is no firm handl� on the siae. The City Engineer suggesCed 2` fe�� alon$ the back portion of the property. He said the people would come a�yW�y. H� said he had wanted al], the lots in the apen area. He added, there has b�asn r�ques�s for bird watching enthusiasts to uae the area. He said it is a nice site for a house, Mra. Hughes s�id this secciun iy 1n�luded in the Anoka and HenneE>in County tr�i.l. sysCem. She said this is a joint a�r•�e;,:ei�c. St►e aJ�led, stie would not like to cc�� up kh� Greek and see a landscaped back yard. She said she would like the prope-ty to X�main in a natural state, She said she thought this may be a point take� by the prop�rty ownera of the area. Mayp�c T,iebl ssked Mr. Ranstrom if in the future he would give the City walking end �ana+� Crails? He questioned Mr. Ranstrom if he would give the City a little bit saf the property. He said h4 would recommend that Mr. Ranstrum agree ta the �ix �ooC utility and drainage easement on the southly line of lot 11, so th�,s could be made a matter af record. He sai.d he could go along with requests by Mr. �amstrom if these agreements were macle. He said he would not want the City to be i�a�l� �f the house shifts. Mayor Liebl said the house plan �aas beautiful and seemed to be quite a large house. Counci�.man Breider said it ��ould be difficult to do landscaping because if the Land ia d�aturb�d, or the vegetatiuii is destroyed, there would be all sorts of trouble. t�� said he dic� no[ know fiow the property could be sodded other than nail�ng the ead �;AWR . Mre RanaCrom said he hoped to keep everything as natural a� possible. The City A�tc�rney �uggested preparing a tentative proposal for action the next week. Iie said �he�re should be some determination made as to the aize of the easement ior the possible walkway, Mx. L1eb1 eaid Mr. Ranstrom said he can�not give up the whole back yard. Meyox Liebl aeked Mr� Itanstrom how deep the lowPr p�rtion was? Mr. Ranstrom said the portion c�n th� wes� �s 45 to 50 feet deep. M�yor Liebl eaid it was the original intention of the City to develop aature txailing, �le oaid some of the northerly portion of the area had been deeded f+�x this purpoae, He added, he would not wanr: to put a stop gap in the area i� �hi.8 portlon ia needed to complete the pl s in the future. �U}3I,T� HEARING MEETING OF JUI�iE 11, 1973 PAGE 6 . GQUncilman Nee said he had some doubt thi5 would be satis#.actory ta Mr. Ranstrom. �ouncilcnan Nee asked Mr. Kanstrum if I�e a;:,nted to sell the land? He asked Mr. Ranstrom h<�w much he wanted for tlie lots? Pir. Ranstrom di.d not respond. Councilman Nee e�id he would »ot want tc� act on tt��: matter that ��vening, but like Mr. kanstrpm to gi.ve thi� som� rl�:ou�;ht, Mr• Ran�tro� said i� the City wolild takc the bottom portion, he would not build Chexe. �auAeilman Ne� �ai�l hr dcaubt��d whet.l�r�r ti�. re shauld be a hom�• huilt i.r� �ha� a�i:�. H� said there �r� a �iumb�r ��f Prphlem�. Coun�ilmaa Nee ssid he: unclerstoud why Mr. R�nstrom wanted to build. Cc�uncilman Nee s�id he was on the Site, �nd it is beautiful. Mr. Ranstrom said the City's plans xor the area and the map that was being offered to the Council by the Gity E�t�ineer had not been broughC to his attention when he had appli�d for the vacati��n or the variance. He said he had a considerable iclvestment in th�� r��jecc ,:�� thc present �irr�e. MayoX Liebl asktd ?1r. Rans�rom if he uwurci b��i� lots. Mr. Kanstrom said he did. M�yox Liebl, asked if there were any more questions by the Council? He asked j.f there were any more questions by the audience. There was no response. MOTIpIV by �ouncilman Utter to close the Public Hearing, Seconded by Councilman Nes. lJpon a voice vote, all voting aye, Mayor Liebl declared the motion carried unat�imously and the Public Hearing closed at 8:20 p.m. MaYor Liebl said the Council usually takes action on such matters at the meeting fo].].awir�g the Public Hearing. Mayor Liebl said he would like some assurance that Mx, Ranstrum would agree to canoe trails and trails as such, some time in the fukure �f GhAy ar�a needed, Mayor I,iebl said they would have to acquire land in the area. He said the City does tiave some land in the area now that has been either bought pr donated. He said �here are pros and cons tc� the issue. He said he would l�ke ac�me agreement that the City would not be held liable for the constructio�n that i,s buil� Chere. He said there is accessability on the south side. He would �lso litce an a$reement to the granting of the utility easement on the south side. Mayor Li.ebl asked the City Attorney to give an opinion on the requests. The City Attorney said it would be legal if it is in the best interest of the City. He sa�d the Counci� would have to make the decision, He said such an agreement could k�� put in the file and be part of the records of the County. M$yQx L�BbI �sked if the City would have to receive the concurrance of othex' people, H� ��ked if the Rice Creek Water Shed Dis[rict had been contacted. He said he had been Gald that they recently opposed the construction of a structure and had refused ta a11qw its conatruction. The� City Attorney said he questioned what authority they had. The City Engineer e�aid thie could be offered for their review, but he did not know beyond this what could be done by them. Mayor L�ebl asked if this would have to be xeviewed �x Ft �G�P Gxl�ek Water Shed Dietrict d Thg Cit� Ejt�orney said he did noC know he��x�i��'� �fi�' re�4�a�iori� : "' .� ,� ; ' 4 � .+ �'iI��,IC t�ARII�G I�ETING OF .II,TIE 11, 1973 PAGE 7 M��ca1� Liebl sai.d he would lik� the City Manager to draw up an agzeement with x°��p+��t to Mr. Ranstrom's requests. The City Managc:r said he would do this. rj�ypx L�.ebl s�id the Ward Councilman was not present that evening, he was vacationing �.�. Mac��an�,. H� said the �ouncil would make a decision on the matter the following w�ek wh�r� �he CQUncilman of the Ward, Starwalt was present. C�unc�lma�. Brei.der di.rected th� �ity Manager to �ave an agreement drawn up. The C1.ty t�itCpx'�ey said Che plans should not be submi t ced t�� rhe Ric � Creek Water Shed A��&��'�Gt until after the CPuncil takes a�cion, The C1�y ACCorn�y directed the City Manager rc, find�out when and where the Rice Cx'+��k W��r Shed DisCrict would be meeting. Th� City En�i�eer said their review is only a formality and would be aecessaxy fpr a lax�� atructure on1y, ptherwise, they would not be concerned, but they can b+� �i,v+an a chance to review �he plans. 67th SU E T SAV �k73-O5, GILBERT MENKVEL�. TO VACATE ANOKA STREET A1VD FRIALEY STREET TO ADD 30 1, BLOCK 2. OAK GROVE ADDITION TO FRTDLEY MQT�QN by Co ci.lman Breider to waive the reading of the Public Hearin� Noti.ce, �acond�d by Cou ilman UCter. Upon a voice vote, all voting aye, MByor Liebl d�c�a�'e�d 1:he moti carried unanimously and the Public Hearing opened at $:21 p.m. D4r, J�.m N�.�1son� addre ed the Council and stated he was representing Mr. Gilbert t�I�ai�kva id. bix� Ni+alson said the addition as platted in 1$80 and one of the oldesC addita�ons in th� �ity of Fridl.ey, He sai he street which the vacation request was submitted foz is 3Q �ee� in width and had be vacated in the adjaeent addition whi.ch i& the Ri�e.Greek Schoal Addition, Mr. Nie1 n said Lot 1, Block 2, of the Oak Grove Addi.kion ia 40 feet in width and by vac ing 67th Street, Mr. Menkveld will be abl� to create a 70 foot lot. He said 67 Street has never been opened. He said th� elsvatipn af th� proposed street is from 02 to 863 in elevation, which would ma�Ce it �.mposslble to construct a,street �xcep by the installation of a bridge. Mx� 1�ie�1�Qn s�id it would he to the benefit of t City to vacate the streek . as Che peoplQ may someday request this bridge and would be a considerable �xpsnas to the Gity. Mz, Nielson said the property owner is willing ta give th lower portion of the 1a�d to Ch� Ci,ty for park purposes. Mx, N'ie�lson said Mr. Menkveld is selling the property to his pa ner for the purpoaes o� him apnatructing h1� hoa�e on this lot. He aaid he feels the ho e will be a compl�ment to the neighborhood. He said the property dlscussed ha been Cax doli,aqu�nz tw�cQ in the paat. . �t+�yox I,,isbl sa�d h� had queationa abo�yt the in�ormation on page 2-A, �he Gt� �ngi,Rqar �ai,d the garage would be on the �outh side Qf the lot. He �aid he wo lika ta poiri� c�ut there had be�� pos�.�ip� �o the vacation by the peogla of ths �� j��od� �ho �ity Engine�r �aid Che let��xa ��!m the opposing neighbors '��i�� n�YEi�"-Dgen�a . . � .... _.., p...� . e»,... � � c� � � t � � � � , , � ' , ' SOIL INVESTIGATION PROPOSED HOUSE AT 6700 ARTHUR STREET ' FRIDLEY, MINNESOTA � ' #19366 ' ' ' � ' � ' S011. eXPLORat �1 � � ��- a �� ` �� . w. . -�-�.. o-�� ' r�` :'�:3� :��"^ , ��..�"C � � .. $ .+ . �fia .�"'�'.�: ,�v.� `,�, `�f � �..,'�„ . . `Y w° � � � �t>�� ' q.; �� 3 ' . . . . . a '�£ 1 �`¢,� - � � '� .. , � . . . . , . . � . _ � a f� �W` 8 r"#'' $ . . . . " . . . . . ,�'x- }Y _ � ' y�� . . . . . ` � . � ' , � ' � � ' I� ' 1 � ' ' � � hf �-� � F _ �i,' � .°�� k #' £ .hl _%� .�T',ti`'" . ''�'`,AS, 'k � 5• y ��ki�-,, � . . . � . � � � � � �. � . . � �� $ r� ��: '�z s : � �;:. � ,�. ' � 662 CROMWELL AVENUE ;£�� $T. PAUL, MN. 55114 �.f,, :< �,;s;�.��...., PHONE 612/645-6446 a sister corporation to TWIN CITY TESTING AND ENGiNEERING LABORATORY INC. July 13, 1973 Dennis Ranstrom 3728 Foss Road Northeast Minneapolis, Minnesota 55421 Re: Soil Investigation - Proposed House at 6700 Arthur Street - Fridley, Minnesota - #19366 Gentlemen: We have conducted a soil investigation and foundation analysis for the referenced�project. We are transmitting three copies of our report. Additional copies are being sent as noted below. This work was done in accordance with your verbal authorization on June 26, 1973. Under separate cover we are sending representative samples of the soil to your architects for their personal inspection. About 50% of the remaining soil samples will be held at this office for two months and will then be discarded unless we are notified to hold them for a longer period of time. The evaluations and conclusions in this report have taken into account the normal contingencies usually encountered. Should any unexpected conditions develop during construction, it is requested we be notified so that the new conditions may be analyzed. Very truly yours, SOIL EXPLORATION COMPANY Brian L. Krogseng Thomas K. Smith, P. E. BK/TKS:prl Encs. Copies - 2- Gordon Metcalf Architects OFFICERS: CHARLES W. BRITZIUS president ROBERT F. WITTMAN executive vice president NORMAN E. HENNING vice president CLINTON R. EUE secretary JOHN F. GISLASON treasurer BRANCH OFFICES: FARGO, ND BISMARCK, ND SIOUX FALLS, SD WATEFiL00, IA ROCHESTER, MN ' LA CROSSE, WI MINOT, ND GRAND FORKS, ND ' AS A MUTUAL PROTECTION TO CLIENTS, THE PUBLIC AND OURSELVES, ALL REPORTS ARE SUBMITTED AS THE CONFIDtNTIAL PROPERTY OF THE CLIENT. 4 �. � � � '� .. . v r� m - �"� 4 � �� s^�`�'`�" � 1 �. - ��p. i��+� R� � � . � � .�,� � . x " ` � � . y� � � �� - �.�u ..<...... � - � . . . � '�'+ri'F . . . � _.�, JT? ��''�,5� y„4 ' £ .,j ,^..�" 4 .. ,�.�-��,��° � �s��,,.,r'�... �� `i , _ � r.. ., �. _ ' -. • � , �. . . "- �� . � . . • , , . . ' : ;,�„� , ` '�' > ... -< � . . . ., .:. � _�.� ,. � „ ;,.�; _ .. , . . . . .. . . _ . . ' . . .. .. •�`Z . _ . . . .. � . . . � . ' ;. ' ' ' ' ' � ' � � ' ' ' ' , ' ' , , �l CI'� � ' �J , ' ' ' ■__J ' , �J L1 �I� REPORT OF SOIL INVES7IGATION PROPOSED HOUSE AT 6700 ARTHUR STREET FRIDLEY, MINNESOTA #19366 INTRODUCTION This report presents our findings and recommendations pertaining to the soil investigation and engineering analysis for the referenced project. The pur- pose of this report is to describe the soil conditions encountered at the site, to analyze and evaluate these conditions, and, based on t6:i's data, to recommend possible foundation designs and construction procedures. FIELD INVESTIGATION PROCEDURES Two soil test borings were made on July 7, 1973. The borings were put down approximately at the locations discussed with you, as shown on the attached sketch. The surface elevations were referenced to the top of the hydrant as shown on the attached sketch, taken as 100.0' �an assumed elevation). Soil sampling was performed in accordance with ASTM: D 1586-67. Using this procedure, a 2" 0. D. split barrel sampler is driven into the soil by a 140 lb weight falling 30". After an initial set of 6", the number of blows required to drive the sampler an additional 12" is known as the penetration resistance or N valueo The N value is an index of the relative density of cohesionless soils and the consistency of cohesive soils. As the samples were obtained in the field, they were visually and manually classified by the crew chief in accordance with ASTM: D 2488-69. Represen- .• - � � ,• � -i �1■ oolnPerw Page 2- Proposed House at 6700 Arthur Street - Fridley, Minnesota - #19366 tative portions of all samples were then returned to the laboratory:for further examination and for verification of the field classification. Logs. of the borings indicating the depth and identification of the various strata, the N value, water level information and pertinent information regarding tfie method of maintaining and advancing the drill holes are attached. Charts illustrating the soil classification procedure, the descriptive terminology and symbols used on the boring logs are also attached. SITE AND SOIL CONDITIONS The present ground surface at the site is uneven and wooded. The ground slopes steeply down west of boring 2 and northeast of boring 1. The site is somewhat lower than the adjoining cul-de-sac. The boring logs show a soil profile consisting of fine grained sand and silty sand to a depth of 20'. Glacial till was found underlying the sand in boring le The sand is very loose in the upper 6' and loose to a depth of 12' to 14'. Below this, the sand becomes medium dense to dense. GROUND WATER No ground water was observed in the borings. Ground water observations made in permeable material such as the sand found at this site can be considered reliable. Fluctuations of the ground water table can be expected both seasonally and annually. ANALYSIS AND RECOMMENDATIONS We understand that the proposed building will be a single story residential so�� exrxor.�at�on �� Page 3- Proposed House at 6700 Arthur- Street - grl�dley, �fnnesota - � �19366 � �� structure with a basement. We assume that building loads will be li�t and that finished grade will be near present grade. The use of spread footing foundations will be feasi4le. Unit lo�d��s of up to 1500 poun�s per square foot may � used on foq�ings at basement depth (4' or more below present grade). This loading would provide a factor of safety of 3 or more against an actual shear failure and should not result in detrimental settlement. In the extreme southwest corner of the building the basement floor elevation may be near or above present grade. Where this is the case, we suggest taking the footings down through the topsoil. The sand immediately below the topsoil may be very loose. Unless the footings are taken 3' to 4' into the sand, we suggest compacting the sand within the footing areas. The garage floor will also be somewhat above present grade. We suggest removing all sod and surficial material containing roots and surface compact- ing added sand to slab elevation. The basement floor slab may be placed directly on the natural sand in the excavation. No unusual construction problems need be anticipated insofar as foundation soils are concerned. REMARKS The recommendations andlor suggestions contained in this report are our, opinions based on data whicl�,are assumed to be representative of the site explored; but because the area of the borings in relation to the entire area is very small, and for other reasons, we do not-warrant conditions below the depth of our borings, or that the strata logged from our borings are.necessarily typical of the entire site. so�� ex�.oRat�on ..,,�� so�� ex�xoRation ,aB.NO. 19366 VERTICAL SCALE 1�� - 3� OF TEST BORING NO. - �_ PROJECT DEPTH DESCRIPTION OF MATERIAL RAT TS FEET �SURFACEELEVATION 88�g� GORIGINIC N WL NO. TYPE W p �'�' Qu P.L. SILTY SAND, fine gr°ained, dark COARSE brown, moist, very loose tSM-Sp) ALLUVIUM 2 1 SS 12 SANU, fine grained, light brown, moist, very loose, lenses of silty sand 4 2 SS (SP-SM) 4 3 SS 7 SILTY SAND, fine grained, light brown, moist, loose 8 4 SS � (SM) 9 . SAND, fine grained, light brown moist, very loose to dense, a few lenses of silty sand 3 5 SS (SP) 7 6 SS 14 7 SS 19 8 SS 19 SAND, fine graine , grayis rown 20 wet, dense (SP-SM� 9 SS SILTY CLAY, grayish brown, stlff, FINE 23 10 SS 21 s f fat cla and sand CL ALLUVIUM SANDY CLAY, a little gravel gray, 11 SS ' 22 stiff �L End of Boring rYATER LEVQ MEASUR9IAENTS START - CoiNPLETE -� DATE TIME SDEPTN� CAS�H CDEPTH BAILED DEPTHS EVEL � � � �' '�JO . � �� m METHOO 3 4HSA 0- 4� � 7-7 9:55 22' None to None C.S. 4'- 22' m t0 CREW CHIEF Nelson eC_� �7n_n � . . soi� exrxoRat�on �os.NO. 19366 VERTICAL SCALE 1�� - 3��LOG OF TEST BORING NO. 2 PROJECT PROPOSED HOUSE Ai 6700 ARTHLIR STREET� FRIDLEY, MINNESOTA DEPTH DESCRIPTION OF MATERIAL S�1 B RAT RY TE' TS �N rSURFACE ELEVATION 9Z. Z t GEOLOGIC L.L. FEET ORIGIN N WL N0. TYPE W D P;� Qu t SAND, fine grained, dark brown, COARSE 1 1 SS moist, very loose ALLUVIUM 2 (SP-SM) SAND, fine grained, brown to light 2 2 SS brown, moist, very loose to loose, a few lenses of silty sand (SP) 4 3 SS 7 4 SS 10 SILTY SAND, fine grained, light $ 5 SS brown, moist, loose, some lenses of sand (SM) 12 SAND, fine grained, light brown, 12 6 SS moist, medium dense to dense (SP) 20 7 SS 17 End of Boring WATER LEVEL MEA8UR9NENTS STAar %-%-Z3 _� CoMP�E7E %-%-%3 DATE TIME SAMPLED CASING CAVE-IN BAILED DEPTHS WATER � � 1� �•Z� OEPTN PTH DEPTH LEVEL METHOD 33-HSA 0 '- 4 C� 7-7 10 : 20 17' 4�-' to None E, S. 4'- 17' -7 0:25 7' No to N e �o t0 CREW CHIEF Nel sc�n 5E 2 (7U-A) , � ' , ' �I �I ' ' , � I'� ' � ' 1 ' ' ' DRILLING & SAMPLING SYMBOLS SYMBOL DEFINITION C.S. Continuous Sampling P.D. 2-3/8" Pipe Drill C.O. Cleanout Tube 3'/a HSA 3'/s" I.D. Hollow Stem Auger 4 FA 4" D iameter F I ight Auger 6 FA 6" Diameter FlightAuger 2'/: C 2�/z ' Casing 4C 4" Casing D.M. Drilling Mud J. W. Jet Water H. A. Hand Auger NXC Size NX Casing BXC Size BX Casing AXC Size AX Casing SS 2" O.D. Split Spoon Sample 2T 2" Thin Wall Tube Sample 3T 3" Thin Wall Tube Sample GENERAL NOTES LABORATORY TEST SYMBOLS SYMBOL DEFINITION W Moisture content - percent of dry weight D Dry density-pounds per cubic foot LL, PL Liquid and plastic limits determined in accordance with ASTM D 423 and D 424 Qu Unconfined compressive strength-pounds per square foot in accordance with ASTMD2166-66 Pq Ts G SL pH O M.A.* C* Qc* Additional insertions in Qu column Penetrometer reading-tons/square foot Torvane reading-tons/square foot Specific gravity - ASTM D 854-58 Shrinkage limit - ASTM D 427-61 Hydrogen ion content-meter method Organic content-combustion method Grain size analysis One dimensional consolidation Triaxial compression "See attached data sheet and/or graph WATER LEVEL SYMBOL —� Water levels shown on the boring logs are the levels measured in the borings at the time and under the conditions indicated. In sand, the indicated levels can be considered reliable ground water levels. In clay soil, it is not possible to determine the ground water level within the normal scope of a test boring investigation, except where lenses ar layers of more pervious waterbearing soi I are present and then a long period of time may be necessary to reach equilibrium. Therefore, the position of the water level symbol for cohesive or mixed texture soils may not indicate the true level of the ground water table. The available water level information is given at the bottom of the log sheet. DESCRIPTIVE TERMINOLOGY DENSITY TERM "N" VALUE Very loose 0-4 Loose 5-8 Medium Dense 9-15 Dense 16-30 Very Dense Over 30 CONSISTENCY TERM "N" VALUE Soft Med i um Rather Stiff Stiff Very Stiff 0-4 5-8 9-15 16-30 Over 30 Standard "N" Penetration: Blows per foot of a 140 pound hammer falling 30 inches on a 2 inch OD spfit spoon. RELATIVE PROPORTIONS TERM RANGE Trace 0-5% A Little 5-15% Some 15-30% W ith 30-50% PARTICLE SIZES Boulders Gravel Coarse Fine Sand Coarse Med ium Fine Silt and Clay ' Note: Sieve sizes shown are U.S. Standard SE-4�70A) O�ner 3" �.._3,. #4 3/0•, #4-#10 #10-#40 #40-#200 Determined by plasticity Characteristics CLASSIFICATION OF SOILS FOR ENGINEERING PURPOSES ASTM Designation: D 2487 — 69 AND D 2488 — 69 (Unified Soil Classification System) Major divisions GfOUP Typical names Classification criteria symbol s Wel I-graded g r a v e I s and N C� _�60 greater than 4: yGW gravel-sand mixtures, little o ��0 2 o � or no fines y� CZ= (D3o/ between 1 and 3 �� o a D�o xDeo <p > �+ N � N C N — �'y y Poorly graded gravels and °� �� U GP gravel-sand mixtures, little y� Not meeting both criteria for GW � a o or no fines � vVi �� UZ m N C7 � O N � N� G� > �'a c Sil ravels, ravel-sand- � a U c Atterberg limits below ,N � � ;� GM si I m ztures 9 0�� "A" I ine or P.1. less A t t e r b e r g I i m i t s p l o t- � � m�� 0 6 than 4 ting in hatched area N g �° �' �3 �� m� are borderline classifi- - o � �' �,,, Atterberg limits above cations requiring use o Z � C I ayey grave I s, gravel- � of dual symbols �n > GC .. "A" line with P.I. � o � sand-clay mixtures �,., greater than 7 cv o • • • .?�'m Well-graded sands and gra- �' ��• C�= O6o greater than 6; y� c � SW velly sands, little or no �.°' '�n ' 2 m� •° � fines o y o � CZ= (DsoJ ��cen 1 and 3 ° o � N c o c°� � Dto xD6o U �n � � o c� 'm @ c� > a`0i Poorly graded sands and �� Z°o � �'v�, V SP gravelly sands, little or no w N��' Not meeting both criteria for SW o N � v fines �� y� Z g �,�o m �3� y m� Z U 3E c� N ��N N `� ��. Atterberg limits below � � Sil sands, sand-silt mix- � � �� SM tures �� N "A�� ine or P.I. less Atterberg I i m i ts plot- L a L y� � than 4 ting in hatched area � 3 �+ o° are borderline classifi- � � � cations requiring use � � S C Cla Atterberg limits above of dual mbols yey sands, sand-clay '�A�• line with P.1. � N mixtures greater than 7 Inorganic silts, very fine Plasticity Chart N ML sands, rock flour, si Ity or 60 a� clayey fine sands For classification of fine-grained �`o soils and fine fraction of coarse- � o Inorganic clays of low to 50 grained soils. c"� CL medium plasticity, gravel ly Atterberg L i m i t s p I o tt i n g i.n �� clays, sandy clays, silty CH * y.E clays, lean clays hatched area are borderline y .. _ classifications requiring use of � N � � 40 dual symbols. N 6 Organic s i I ts and organic � Equation of A-line: y N � OL silty clays of low plasticity '� PI =0.73 (L�-20) 'N o •� 30 z '� d y o Inorganic silts, micaceous � �.c0 OH and MH •� v°'i � MH or diatomaceous fine sands a � � a ?L or silts, elastic silts 20 '�P � �' � CL 1J— � U N � .o � Inorganic clays of high 10 o` � o, CH plasticity, fat clays � �� 4_ CL-ML ML and OL cn - / a Organic clays of inedium to �0 10 20 30 40 50 60 70 80 90 100 �Q OH high plasticiry � Liquid Limit U L'c!� Peat, muck and other highly = o'� Pt organic soils wBased on the material passing the 3 i�. (76 mm) sieve. SE-1 (70-A) �10HN E. DAIJBNEY ATTO R N EY AT LAW 738 MINNESOTA BLJILDING ST: PAUL, MINNE5OTA 55107 �;i�t�it �� f �.�� 1��. �'ir��.� t:�t£�Y� �tidl.�r �i1�r ��te��yr 6�►�1 �'stiY+�c'��tp aa�r��,t� �, �♦ C�,ty �I �. �zidl�r,, Mi �,� �t. i�s� :��t��hi �i� �� 643i ��ai.�y Av+�� . �. ��.r�i�y,, �ix�e�t� t��. �"�� .�.e�I �� i�'sid�e�r �� t�.��sit,�r ��t+�� . �# ty �:�I 1 �`r�+dl�;�, �.�+�a�� t� � 2Z4-4345 ��cr i o�v I � 1 � �4 �;t . „` . � ��'� � � , .�� ;.! i 1 � +; ��x Bu3.lding Percflit - I.4ts LO d I1, Block 1, Rice Greek Schaol. Addittaa i��- '�� c��ck ,�;�d c"��t��e�� a�d�+�� e��Ei�t� %. ,��ct �ai�ta �i� �e�,�td tcr the aba�r�e �ti�I+� �t��;� � w�,�� t.� �S�t ft�a�� tt� f€�il�.� ��r��l tu ��t� � p�►i�t� �.s� di,��t�+e. �'. '1'�►� �� -u�tsiity �r +�i,�ti� b+�r�er€� i�►t� ,�+� ��d ?" L� �ia��r i,, �.ic� C��lt 5�3�� .��3�i.�� e�ceex�ii�;� ��t�r�� f�+� LP� �.�t�,�d�•►�;�; �t �i� �ra�t� �rl �r� �ac�r ��r+�e� ��uc�s� � �i�� b� r��+�, � t�t ��t�t�c�x r�lr� ��►�t � � ��.t�r �,� �id��y, � r�ti,�.it;� e�a�� ie�� t�� s�s��tcly ��.�c ��►� �� c�� a �� id�, �i�' �� i� i�Iac� 1* 2,� i'&�� ta� p��3,��.+�n��r �t�.c� ��+�t l4� d�� ,vf �a � �+a t�� f,� �►� :`��.��r� �r x�t k+� �� d��t� c�l�a�r +�� t� ��.�� id+� �f ��.�� +��e� �.�. t�+� �i�sid �� 1�� b�at �� ete�rati�� +�� s�� c� �e� ��+� f�e�., '�h� i�� d ,�x� C+� �y� az� �1� ��l�s� �c. �a�� c��►'�� '� ��e�z�e i�ro� � �d �I1 �i�b�I�.ty �aris�.� ,�rc� �� au� �+i �f� ��.�si:� .��►� �i�� r� t.� mEa�� vo�i�r. "�k ,�� ►, t�� .� ��+er��e 3.nj��! �+�r a�+�� af �a r��ay�e c��' t� aa��C �ai� .. r��y►�, �� aeia� ��r �a� s r��l� �� s� c�n t�e �a�� a� �e �ft.l�+� �t �� a� �� t� s��e ��atb�.�� C�� ,��' i�r« �ct�� z� �u�,�d �t � �i� 3�� t� r�.�:� t� s+�� r �r� t.� '��2.�a �� l�ability t.l�� r��ai� � � �a�+v� �t�� ar� �� p��c�aa�3; �a�,�Li��+e,� II 1� �r. Vfrgii Herrick Mr, �asim �ureshi Hon. F�ank Liebl Page 2 August Z�� L973 3. That a waiver of frant yard setbac� be allowed so es to � es��blish an lI foot fzont yard setb�ck fram the cul-de-��e at tbe no�th end af �.rthur 5treet. The waiv�r of setback would perm3.t the pe�9.tionars to coAStzuct their groposed hcu�e �ore econoar3.celly, that is, bBCter soil cQndi�ions are found on the southerly portion €�f Lot II. 4� �hat petitioner shall grant to th,� City of FridleJ� a specific indemnity and r�lease €ram a�y and a11 claiuzs tYtat may a�rise as a result of the Citiy of �'xidley having gxan�ed a germi� to �oas�ruct a residential dtaelling on said Lat 11. 'That is, that i�t the �veat thaL sub�oil cox�di�ions develop so as to make the camstructio�� oi a xesidex�ce an Lot ll costly ar ti�at after canstructian �ubsail canditions de�elop so as ta cause d�caage to fihe buil.ding, that no elait� raould be ��certed against t}ae City o€ Fridley by resson thereof. �. if the Vii.�g� also wished to obtain a further easemeat to' elevatian 8S6 as to th� small seg�er�t of Lat l.Cl that abats itice Cze�k we would, o£ cou�rse, also in�eiude tihis in th� deed af essement. t�ggin, I wish to stress on b�hai£ of t�he applicant thafi he a�♦; all t3:mes has wished tfl remaiz� flexible in thi� matter to caapex�afie a� full.y as he can with the c�f£3.cials of the City a� Frid2ey, but at the �ame �im�, nat le€cve him�elf in a positiaz7 wher� he would have a piece of prope�cty which wauld not be �cegardec3 by a lendfng institution �s a re�sas�ble loan ri�1�. I believe aIi of the foregof.ag condi�ions meet the requir��nts imposed by the cons�� -o£ the City �'.ouacil as well ae kh�t ba�ic reqttir�e�t$ af t�. '�enstrom. The vacati4n of th� north•south u�3lity �asement �hich ari- �ittedly is u�ecessary from a Ci�Y standpcin�, wouid �ermit �ir. R�nstxa� �o probably build a garage wi.thisa th3.s area an8 sl£ghtly vat�r the p2an that he had previousl� propo&ed which would have been whally canstructed wiLhin Lot 11 and c�eet all set6ack and c�thez co�e requirement�. Th� grant3.ng a� th� front yard varia�,ce wc:uld nc3t h�ve any adverse effect ox� any other ae3jac�nt p�r�pertp ovm�rs as ��` are in f�ct none which establish any uui�orm set•: �ack in this area and the topogxa�hy of the ground alone should be st�fficient juseificati.an ta gz�ax�t the variaac� request�d. Pleas� advi�e if zhe gra�tCirrg af tha.� front yard se�i�a�k va�ei�n�e requires any additional applie�tiox� ia be filed by Mr. Ra�st�roza because as �ie indicated at the time of the hearin� he is very cnuch fntexesteei 3n p�ro- eseding at the earliest possible dat� on Ghis matC��. 3EI� e x�h • .� M STATE OF MINNESOTA COUN'I'Y OF ANOKA MUTUAL AGREII�IT THIS AGREENIENT made and entered into this day of , 1973, by and between Dennis A. Ranstrom, hereinafter re er�re to as t e"property owner", and the City of Fridley, a municipal corporation, hereinafter referred to as the "City". WI�REAS, the property owner has petitioned the City to grant the following variance : A variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 11 feet to allow the construction of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same bei.ng 6700 Arthur Street N.E., Fridley, Minnesota. 1�REAS, the property owner has petitioned the City to grant the following vacation: To vacate 20 foot utility and dxainage easement between Lot 10 and Lot 11, Block 1, Rice Creek School Addition, located in the north half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. WHEREA.S, the City Council finds that the granting of this vacation and variance, as outlined abave, will be i.n the public i.nterest, welfare and will not be detrimental to the people of the City of Fridley provided that certain dedications are made to the City of Fridley. The party, his successors and assigns do hereby agree as follows: 1. Dedicate a 6 foot utility easement on the south side of Lot 11. Z. Dedicate a walkway easement on the northerly portion of the lots, following basically.the 856 contou� elevation as shown on $1� attached map marked Exhibit A. 3. Dedicate a drainage easement for the purposes of ponding water on the northerly portion of the lots, following basically the 870 contour line, as shown on the attached ma.p ma.rked as Exhibit A. 4. The property owner agrees he will hold the City harmless if there is structural or other damage to the buildings, caused by a water main break, or water running off the banks of the lots, due to the steepness of the terrain of Lot 10 F� Lot 11. 5. Property owner agrees he will supply the necessary docwnents for Items #1, #2 and #3 before the second reading of the ordinance for vacation is held by the City. It is mutua.11y agreed that the provisions of this agreement sha11 be binding upon and enforcible against the party hereto, his successors and assigns and all subseQuent owners of the property here described. An executed copy of this agreement shall be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property. II 1C , � Agreement: Dennis A. Ranstrom Page 2 IN WITNESS WHEREOF, the party hereto have hereunto set his hand this day of , 1973. In Presence Of STATE OF MINNESOTA) J ss COUNTY OF ANOKA ) On this day of , 1973, before me, a Notary Public within and for said County, personally appeared and , to me lrnown to be the persons described in, and who executed the foregoing instr�unent and aclmowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of In Presence Of 1973. STATE OF MINNESOTA) ) ss COUNTY OF ANOKA ) , On this day of , 1973, before me, a Notary Public within and for said County, personally appeared and to me lmown to be the persons described in, and who executed the foregoing instrt�nent and aclmowledged that they executed the same as their free act and deed. II 1D _ _ _ , - :: .�: ., y , . . , � � ti'' _ . .' X�fl,t3�T3'-- \ ( � , , _�.�.:� t�� , T 85/^ 3^� ```�' ` .�� _ -- --- �� , �� ,� ,�,J'• �- � � ` \, ,�.� ..w.� � ; ' ��25,4:� \ •'� ,« . . _� �% .. .� i--' ' �- • �.' \ � `_ � �' _ J ' �1�1H � 4e` l .�• . �. �, i .� ••� -� ��_� ,�:�., ,-�. .,,�. R�C � , �. .; �.- . � , , " �i �A .•\ .' �.. . �. � ,- .,: , � f �.. � -----.� ;� ��, ,�;�� , � � ��6- . ,:.�,�,�:,.:�, . , , ,. . , . �,.� � i;; � �. ;� . _ _ � • _ i re ��' ` .� � � ,�^ � � �\�. - ..� . � , % • * , '' : \ \ � `� _ - :: � � � � - : . / . � ��, .'�, ' �. '��,.,,, �'� / �_ - ,-' % _ " �=_ '. �� ' 1�•�,• . . 1 �i ' ` � �� _1 � �.�- . '.; �w. . 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' ,,...fi � `� , �' -' i � . �, 1 �,: .:: " .. .F� � � /,�W.... .. - s ;�• , 't ��',,. \ � �� r '� _ � • \'' �� \ V �t � �' r �„T.......s m.w^+.wa ..P ,yRS� �4 � j JI « �� f` �1 ; �J." �� r�= � '� � \ I � � ! r �" � � � � t� r° � � � � t � , �` � � j , ``..�. �*� � . � �! ��++'' 3 \� � s""*Y• „ t / ' '� '�._ \� �` . ,v ! r a "-� y..,,," - ,,,..�- - �r; �. "�....�s ,� t. F'°" '"�.,wd. '" �Mo. / � y J�'7�. w' � � � +�. 'rr . � � i . ...i 0 � i � .. � � ° -'� �� - ,, ... `��,, � �� . � �. ...�..M , � 4 _. .,.---° � ` .� � A a � , ....i,. `�. ._w.�. .�,.,� ;� � � w ♦ P _ P / �y> . � `` , ,,.�" � ' �^ t ��-�`"� � , ��-�°`r ��, .. . �. d ° � � � �� r i �`"' . ` , �� , , � _ _ . ' �� . ) `� �` ��„A �` 4 ��,�� ,,,...�� <a � t �,� ,� � � ' _ ` �, �' `` --�.:. ,.. � � ;; :\ - � `� .,. ,�. �..�,w��.� „ . . �" � � , .� � �� ,� . , . .� ,„ . , , . � , ' � ` �, ` �, � �..,... �� °�,,.� `�, �� _ , r ' �F � � f � � � /' •�o� \, l /•. . , ,. , ..�..... -.. � - ... _,.. � � , y : �% .. �� — . vd .f f / � • �� f ` r 1 \ e t r�„ � , �; a.�' j "� e �, , � °- ,�/ . f� � 1 : - / �4,... '` `" "` �.-� iP� ' .' � � � . j . � . ; ,..., � .� . ^ Y � W �,, � F � �� ;, i` .�, s �� ` . _. . . . � ' J � � _. ' ' �� . , > : ...�. . , � _ �,.� � . P'" ��'� � ..._ � ,� � �,,,,. � ,, � �;`� � . � f. .. ,�- ._ . ` . � � ��_ �. Y �, . _ .�.� ,� : �. � .� , � � _ . . . .y . ^- .. �..` r .. .. � � , . .. "�. '�?`..y �� I � �� , _ ,� � ,, � �� ; : � �� ` ( 1 �..._.. . ...- -•. � ,�.J ..... ....._-'' � 1 � (� � 7 . � � � .,�... . .. � . 1 � � , REGULAR COUNCIL MEETING OF SEPT�MBER 10, 1973 PAGE 6 recalled the reason for the street being torn up was because t water had not been turned on. Mr. 7iller added, the first street w s put in that area 20 years ago and it was a good tar street. He sa� he thought this street would have held up and felt there would be no eason for a new street today. He continued statiag when the sanitar sewer and water facilities were installed, the street was never p operly repaired and it was full of holes the following spr�ng. Mr. T' ler �nquired if the property owners were due some credit for the fir street because it was not properly repaired and maintained. Mr. T ler stated in the period of 20 years, he had paid for three streets Mr. Ti11er agreed to talk to Counc�lman Starwalt, but said if coul not come to some agreement, he wou7d get an attorney. He again questioned e reason for the street being torn up after he had paid the extra expe se of installing three outlets, so the street wauld never have tn h tarri ug. He added, this had been qu�te an expense. Councilman Starwa7t responded and sa9d he id not know wt�y the three holes had to be dug in the street. He explain that he d9d reside near Mr. T771er and he thought Mr. Tiller should consid the factor of the increase of traffic in the area. He th�ught this ' crease may be 500� over the last 10 years. He agreed the street that d baen installed 11 years ago was a good street, but there had been a eat deaT of traff7c on the street. Mr. Tiller said he was not speaking� of the street of 10 years ago, he was concerned with the street of 2:1 y�ars ago. He added, he thought that three streets in 20 years was a little/(nore than working people can afford. The Gity Engineer explained t the totaI cost of the street, would not be instalied for s traveled and the final mat years or so because of the e area. He pointed out tha th and take care of the sett ina MATTERHORN DRIVE: the people of the area were nut paying he final mat had not been installed and e time. He continued, the street is heav7ly ld not be placed on the street for two tlertient of the street caused by the clay in the s del�y wili increase the life of the street The City Engrneer li ed the prices for Matterhorn Drive and sa�d they wauld be $10.52 for he front and $2.05 for the s�de yard �ssessment or the same rate as t streets previousiy mentioned in the pro�ect He stated the amount iven to the people at the Pubiic Hearing had been $12.00. INNSBRUCK NORT RIVE: The City Eng eer said the residents of Innsbruck North Drive wou]d be assessed by lot at $,821.81 per residential lot, $62.82 per apartment unit and the towrihoase te wouid be �115.84 per unit. Mrs. 6. llimoen, 1583 Gardan Avenue, asked when the storm sewer would be plac in the area. The City Engineer said he hoped to acquire the money for th system through escrow and this would depend on how quickly the area velopes. He added, this would be a matter of t�me and may be two to t ee years. �ON by Councilman Breider to close the Public Hearing. Seconded by �cilman Utter. Upon a voice vote, a11 voting aye, Mayor Liebl declared motion carried unan�mously and the Public Hearing on Street Improvement ect ST. 1972-2 closed at 9:03 p.m. OLD BUSINESS: TO Mayor Liebl said he had received the letter from Mr. John �. Daubney of August 29, 1973, and after reading the letter, Mayor Liebl agreed with the requests con�ernzng Lots i0 and 11, Rice Creek School Addit�on. Ne added, he had been at the iocation and had looked at the lots. (�� i v1 �� REGULAR COUNCIL MEETIN6 OF SEPTEMSER 10, 1973 PA6E 7 Mr. �ohn E. Daubney, Attorney for Mr. Dennis Ranstran, addressed the Council. He pointed out that he had prepared rough drafts of the proposed deeds of easement as requested by the Counci7 and he betieved the deeds and ietter were in the spir�t and condit�ons agreed upon at the previous meeting of the Council. Counc�7man Breider sa�d he thought the previous plan was wiihout the request of a variance, and this was what had been requested in the first place. Mr, Daubney said yes, he would like to explain this matter. Mr. Daubney , pointed out the t►ro lots on the map on the easel and sa�d there is a ut7lity and drainage eas�nent between the two lots and also a mant�ole and temporary storm sewer p�pe which is partially covered and then extends above the surface of the ground on the sauth of Lot 11 to Rice Creek. He stated the appl7cant would grant the easement far the t�nporary pipe on Lot 7T for an exchange or release of the easement between the two lots. Mr. Daubney read the rough draft of the proposed deed of easement for the six foot utility and dra�nage easement to the Council. Mr. Daubney continued with the second part of the proposed negotiations concerm ng the walkway on the southeast side of Rice Creek and below the 856 elevation, Mr. Daubney read the deed of easement aloud to the Council. At the point in the easement where the width of the easement was included, Mr. Daubney asked the members of the Council �f �t was their understanding this was to be stx feet 7n w�dth. He saiA he wou7d agree to th9s, or what the EngineerYng Department would consider a reasonable wrdth. He added,the location of the walkway would have to be staked out by the Engineering Department and in order to reduce confus�on, he believed the elevation should be establ�shed from the City's contour map from the Engineering Department. Mr. Daubney said there would be no argument as to the ptacement of the six foot walkway between the creek and the 856 elevation. He thought this could be teft open at this time. Mr. Daubney said he would be w911ing to change the deeds �n form tf the City Attorney felt �t necessary. Ne said he would ask the City to waive the right to the north/south easement between the two 7ots. The plan had been changed samewhat, he added. Mr. Da�bney said he would request the Counci7 approve the 9n�tta7 re�uest for the vartance of the front yard setback as the land is a 7ittle better and more f�rm soil conditions exist in this area. He continued saying the appl�cant had provided reports of soil borings done by Soit Exploratian which prove the area to be buildable. Mr. DaubnGy explained the proposed site would be sufficient, but the new request would be better and would place the structure away from the walkway. Mr. Daubney sa�d the initial request including the variance and the vacation of the easement had been reviewed by the Plamm �g Comrission and they recommended approval of the request. Mr. Daubney said it �s his understanding that this action would comply with the City Code. Mr. Daubney said the Council had requested an indemnification agreement be subm�tted by the applicant, stating in substance, if there are any problems with the subsoil, the applicant would hold the City harmless. Mr. Daubney sa�d he had prepared an agreement that would be sub�ect to the City Attorney's approval, but he would l�ke approval of the agreement in principle. Mr. Daubney said he would submit the documents to the City Attorney and the City Eng�neer for the approval of the final form. Ne said he would ask the Council for approval of the matter that evening. Mr. Daubney said he would like approval of the two deeds of easement. one for the west side of Lots 10 and 11 for the walkway, and secondly, for the south side of Lot 11 for utilzties. Mayor Liebl said he felt the applicant and Mr. Daubney had cooperated with the C�ty by furnishing the agreemen� to hold the City harmless far the building. He questioned if the amount of the easement should be m�re than six feet. Counciiman Breider said this is all the Council had asked for. The City Engineer recalled an agreement had been aorked out. Mayor Liebl read the points in the agreement• 1. That the applicant ded�cate a s�x foot Util�ty easement on the south side of Lot 11. Mr. Daubney agneed to this point. 2 That the applicant dedicate a walkway easement on the northerly port�on of the lots foltowing basically the 856 contour elevation. Mr. Daubney said the applicant vauld agree to this point. 3. That an � r � �� REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 8 easeme►rt be dedicated for the pu�poses of pond�ng the northerly portion of the lots following, basically the 870 contour l�ne. The City Engineer said this poini would be deleted in the agreement. 4. The property owner agrees to hold the C�ty harmless if there is structural or oiher damage to the buildings, caused by a water ma9n break, or water rumm �g off the � banks of the lots, due to the steepness of the terra�n of Lot 10 and I1. Mr. Daubney sald he would agree to this point, but would not hold the City harmless for any negligence. The City Attorney said this was how the d7scussion had gone at the prev�ous meetyng. Point 5 read, the property owner will supply the necessary doucments for points 1, 2, and 4 before the second reading of the ordinance. Mr. Daubney said the lndemnity agre�nent to hold the City harmless would be subject to the approval of Mr. Herrick. The Cfty Engineer pointed out that the origina7 agreement contained a point that an easement for a lake would be giVen at the 870 contour l�ne. He explained he should aiso g�ve the Council more facts aboui the matter. The Ci�y Engineer stated the Metro Council had approved a plan for the parks �n the area. There is a request for a building perm�t and the City cannot hold up the applicant any longer. The C�iy Engineer said the County had been in contact with him and requested the issuance of the building permit be held for a period of three months, and he had advised the Couniy that the City could not ask the people to wait for a permit for another three months. The City Engineer said he felt if the County wanted the property, tfiey could negotiate for it or allow the people to build on the property. He added, the appl�cants have quite.a bit or work and effort into this project. He advised the Council that the County would be acting the next day on whether to acquire the property or let the people build on it. , He thought they should not be working on cross purposes and the ponding ease�nent was the only question and this portion could be deleted. Mr. Daubney said it would take several d�ys to get the necessary documents in final form. He cont�nued, he had been advised there are no funds ava�l- able on the County level for this project this year. Mr. Daubney stated he would ask the Council to approve the requests zn princ�ple. He said the applicant is not asking for any rezoning and this would not change the value of the property by issuing a bui7ding permft, Councitman Starwalt said he had a couple of 7tems he would like to mention. He brought to the attention of the Counci3 that a vacation had been turned down in the vicinity of this location, prohibit�ng the issuance of a building permit. He added, this was on another proposed house one b7ock east of this site, and the reason far denial of the request was that the structure was not in line with the other homes �n the neighborhood. He added, he had voted in favor of this street vacat�on. In the future, he sa�d, the whole area may possibTy be park iand or used for other purposes. Ne repeated the point brought out by the City Engineer that the County people have their eyes on the property. He thought this matter should not be resolved at the present time_ Councilman Starwalt said he had talked with Mr. Ranstrom concern�ng the matter. He thought if the area were to be developed into a ponding area, there would be a need for the third paint in the agreemeni, and the walkway would also be needed. Councilman Starwalt said he would suggest the matter be resnlved by the County before the Council would take � any action on it. Councilman Utter said he had talked to the applicants. He said he did not beiieve the City had the ultimate jurisdiction and if the State would need the property, they would condemn it. Councitman Utter addressed Councilman 5tarwalt and said the other vacation requ�t in the area was for the vacation of a street, not a utility easement, and the vacation of the utility easement would not be an injustice to those people who had heen dem ed the request. Councilman Utter stressed, the people rtould be using their own property to build, and this would be all. The City Attorney advtised the Council that the property owner would be entitled to a building permit. He stated, th�s �s a matter of law, and the City would have to grant a build�ng permit if the applicant had not requested any waivers, var�ances or vacation of easements He po�nted out ti -� REGULAR COUNCII. MEETING OF SEPTEMBER 10, ]973 PAGE 9 the property is properly zoned, and the property owner is entitled to a building permit. He said in this case, the applicant is request�ng two th�ngs, a variance of the front yard setback attd ihe vacation of an easement. The City Attorney said the City would not have to grant these requests, and the property owner would not have to grant the C�ty's two requests. He added, the Council has asked ihe two things they desire and this would have to be the owner"s decisian. He continupd saying, he was not indicating what the Counc�7 should da and he was not trying to sdy this is a good or a bad trade. The City Attorney said the Ciiy has been asked to do something, they do not have to do, and the owner has been asked to do so�ne- thing, he does not have to do , and legally, there is no requirement on this. Mayor Liebl said the Counc�l had been.over this matter four times, and he felt it to be only a matter of aye or nay. He said the property owner would not have to qive his property away and if he hoTds the City harmless, nabody wi11 be hurt and it wi11 be the property owner� prerogative to build a home. Mr. Daubney agreed with the City Attorney stating, the City could give nothing and the applicant could give nothing. He explained it was h�s purpose to negotiate something for the City and something for the applicant. MOTIQN by Councilman Nee to tab]e the matter for one week. Seconded by Councilman 5tarwalt. Upon a voice vote, Nee and Starvralt vot9ng aye, and Liebl, Breider and Utter voting nay, Mayor Liebl DECL'ARED THE MOiION FAILED. MOTION by Councilman Utter to waive the second reading of the Ordinance. to adopt the second reading of the Ordinance, and approve the variance, and that Mr. Daubney, the City Attorney and the City Ettgineer come to an agreement on the s�x foot walkway easement on the north side of Lot 11 between the creek and the 856 elevation, and that the applicant grant a six foot uti7ity and drainage easement on the south i9ne of Lot li, and that the applicant will submit a letter holding the C9ty harmtess for any strttctural damage caused by the soil conditions or steepness of the terrain, and that the applicant provide documents for items one, two, and four before the publication of the ordinance. Seconded by Councilman Breider. Upon a roll call vote, Starwalt voting nay, Liebl voting aye, Utter voting aye, Nee voting nay, and Breider voting aye, Mayor L9eb1 declared the motion carried three to two and Ordinance No. 546 adopted. �NSIDERATTON OF FIRST REAUING OF AN ORDINANCE R�GARDING TRUCK PARKIN6 Mayor L'l�il suggested rece�ving �he ordinance. MUTION by Co iiman Breider to receive the ordinance and�that any discussion ar act�on on the t reading of the ordinance until the next meeting of the Council. Seconde Councilman Nee, 7he City Attorney pointe ut he had obtained some of tFie material from the code and some definitions the State Statutes. UPON A VOICE VOTE, all voting aye, or Liebl declared the motion carried unanimously. NEW BUSINESS: AT INTERSECTTflN Of MISS MOTION by Councilman Breider to apprnve the bus shelte Seconded by Counc�7man Utter. Upon a vo�ce vote, a17 declared the motion carried unanimously. T.H. #47: T. H. #47. 1� aye, Mayor Liebl Councilman Nee said there should be an opening in the fence from the COKSIDERATIQN OF AN ORDINANCE D �IND RIYER PRESERYATION D � ' � J❑HN E. DALJBNEY ATT�RNEY AT LAW 73B MINNES�TA BLIILDING ST. PAUL, MINNESOTA SS7O1 Sept�abez li* 1973 i�c. �i�gil !€�trri�k Pradley Ci� A�tcir��y 6�31 iinl.v��rsitq �ca�e �i. �. Cf �y N�11 F�i.�iey� i�ixaneaaot� l�r. �I�� ti�eshi C3ty E��ser �31 i3nivetsit�€ AiR'�e �T. �. �"ridley, Mian��c�� w224-4345 r a t ; Ret Lc►t� 1� S. 1i„ B�o�3t 2, Rits C�+�+atk �h�1 Additic� �tl�eaz ; �� ,; : . y �' ;�t �acl+��d �r�c�i,� �� pre�posa� ��a� o�� +�a��aat �s to �he ��ilit� ea.s�s�'��, �t� vaa�rsy ea�r�s�at�, atad �tie T�e�3ficstic�n as�d �ala�a�s� .�� . �averi� pr�z�y sia��+� t� th+e b�xf2d��+g r��ztltia�g €raaa t+e�rrs� �oster d�ua,�e a�c �ut��i�. cc��df�ic�AS� Pte��e �dvi.�e i�' the s�e �et� wf.� �raa3r ap�rava2 as ta %� �ct 3f so, I w�.l1 a�� tha��: ��r are; pr�rp��i�r �c��d s�d d+��iver� t� t2ae t�f�ice �f t.� Giiy Ci�r� i� c+a�fc►x�i�► �.t�, the �a�i,l ��oi�t�a� aelt�p�ed at i�s �ti�g r�f l�a�ds+�� Sep�e�ebe�t lti� 197'�. tr�ly ;�� E � �3Ai�i��[ �t� �ttcic��ures �c� �r. t��ia ita�str� I�� t�S' �.�.��Af�I� '�k�i� �3a�tc� +�� a��, �+�e �bi� �9t� �zy o� �ept�b��, J.9'i3�, b�►' �e��.� �;. ��n�tra� ,��' tb�e '��ila�+� a:F ��. l�u��y* ��y +�� R�►*y� ��►t+� of 1��ot�►,� �z�cei� r�Serred ta �� t�r��r.�r� �►�d tb+� Cl��r a� �rid�.�, � ��i�� p�a�i�►� a� tt�aR t`.o�ti��y aa� �k�, �r�d S�rs +�f M#,�ew�t��, h+��r�e��;i��c xa�e�r+�d tr� m� �saa��e�a. ��r��ate��r, i� c�a��d�xa�;c� a��` �s i�ol�a� �►d et�x �� +ad rra#��bis �+oraaid�a�tio� �a�t+� 'b� �a��at��e� �iz�d �a �u�r��r ��s�do�r+�ti��a Foa� #h� c�* ��i�� c�f � atv� �et�ex a�c►r� fihs� �o�u��ri�w �d�a c+� �ran�r'e� 1� b�s�jr �r��a 1to �xe,�et�+�* �k� a��+��►rs +�d �►��ig�� ers�t �ex�el��t�� +�es• euib�+� e�� ud ,��c4�� h�t�t��ef�� de��r��npd �aud �E�r a eto� �nei �� ot��°� �tblic� vt��i+�i�s, '� �aerae�t ,s&�1�. �t �f.x f,6� ��et �m �,dt� �st�roa� � s�ou��►+eri� S� �(4} �'�ra�t �►� Lo� 11,� Bi�k 1,� �.ca �r�a�el� ��raa� �#ti�a►� �►cr�a��3�t��, � th� pla�� t��rec►� a� f�.l� a�d a�' �a��►�d ia t.1� 4�fi+c�e +�� t�a ��gt�t�s�t a�� t�esd� �� u�ud ��tr t� �uunty o� A�eakaf 5��a +��' ��srt�, r+�- s+��x�$, �o �r��tr��* his� s��oa�� a�,+� �so�.�s� t.t� sig�t to pas� twaar�rr ��d ��r�� the s�id e�� a �+�r �he �u��o�� a� gatz�3� i�x�s�r ,��ad e�,�+e�a �m s�►� �ca� ��.�, �ra� ad;��enE �tblic s�r+t+��. �� dlT�i�� ti��* t� ��r��r %e� e�t+�d t.�:�s I�ad r�f �s+�n� a�t tk�+� �i�g +�� ^sid�,a��r,� �u�i�ty �►� �r�! :�ate� �f �i�aeuq�to� t.� da�r �a+3 �r�aa �ir;�t �bs�'+� t�r9L��+��t. t�x"�1�5�# ��%��r�,b�d a�dt s��► tc► ��e�a a� �i� .�...�»..,� dmey +�f 5��t�'� �9�"3. Jr�► �. �,�� y,� �o�ss�► 1�u �t„ �rey �u�ty�, Mis�aa►. �y ��#��rr� +��t�ta Augu�t �, �� D�ED �� EASEMEI�'� `Ti�is �3eed o� �aa+�e�t �d� thi� �.£�th d�y of S�pte�b�ar, 1�73! by 37euAi� .�. R�r�str� o� th� I��13.�� ct� 5t. A�thrruy� Cvunt�p of Etamr��y� SEate ,�� i#.nn�sota, he�cei� re��rr�c3 to �es Grantar, s�uc9 ti�e Gity af F�ridXey, s Me�aieipal �ax�pexation o� the Cauxtty o� Ant��ca, and S�at+� of Mi�eaata►, h�aeais� x�fsrx�d ts as t�xar�te�, Grarctair� in co�idara�ion, of t�i�. E�ollez And oth�r good aass�l val�abla cnruaider�ti.o� p�id by �r�ntee� rece3.pt ref w�ieh i� %��by a�c�aa►awiad��dt h�r�by �,ra�ts to the Gra�nte�, i.ts sucGe��ors ��xd �asigns, �n axa��t tue�e- ir�a�'tex descx3.bed ovez a�d �+�rc��s �h� i�err��.�#t�� deacrib�d 1�z�d i�t e. public �ra.lk�ray s��.o�, th� snut h�asL �ide t�f R�.c� Creetk �c�d �1oa� Chie Nazti�erly aad west�rly �d�e af Graui�or's prop�rty. Tha ea��at shsll be S3.x (F�} �e�� i� w�d�h �a�d shakl be lc�ca��d at �� b�lo� �le�vati4�n $S6 f��t as s� oa th� att�ched map Qs plat a�ich is inc�►rpora�ed he�ei� b� xe�esat4eei �crt��a Q�a�tor's iand �i�h is l�t�d �nd d�acxib�d a� fallca�s►�� i.c�ts 10 a�d 11, Blo�k 2� Ri.ce Gr�ek ��hca�►1 Ad�iticrn, acca�cd�tiag tc� th� �alat t,��retai om �'��.e� ated of �caeord in ti;e �t;�fce af the R+tgi�ter v� T�eeds it� and �vr the Carmty of Au�ka, St.�t� _c�� Mimt�e�sota. ,.;'��e locat3o� of th� �aid e�s�uex�t shall ba at�k.�d out bq �he� .�ineerfmg D�paz�m�nt vf tia� City a€ �'rid�ey, ar�d �h�11 l�e �3.ata�.mad by asui e�. ��e a�ole �xxp�e�s�a o� Gi��ntse. :�� iiTNES� �diil�A�Q�'y th� �x��tar l��s �+a►�etted t�is D�ed of �s�t+�e�t �L th� City o� �`xidiey� Cc��.ty c�f A�:c��ay St��e af M��nsata, th� day �rnd ysar f�.s�t �bc►ve writ�en,. 3�I'�t�S� s s�tb�ac�ib�d ��►d ��r�a ta be�or� � thi.� �� da� of S�pt+�+�r� 1973. .I�a E« i��ulaz�ey, �t�at�xy' �'u ic, I�+�ey Countp, �titau�. 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