AF-LS - 46668� �
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STAT� OF �fINNESOTA CITY COUNCIL PROCEEDINGS
CITY OF FRIDLEY
In the Matter of the platting of Western
Ridae Estates, P.S. #83-01
Allen Fehn, 1251 Hillwind Road �j.�ner
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PLAT/LOT SPLIT
The above entitled matter came before the City Council of the City of Fridley
and wr�us heard on the 26th , day of March , 1984 , on a petition
for a plat pursuant to t—Te City of Frid ey s atting Ordinance, for the
following described property:
See attached
IT IS ORDERED that a plat be granted as upon the following conditions or
reasons:
See Council minutes af March 26, 1984
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
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OFFICE OF THE CITY CLERK
I, Sidney C. Ynman. City Clerk for the City of Fridley with an in for said City
of Fridley, d� hereby certify that I have compared the foregoing copy and Order
granting a plat wit� the o�iginal record thereof preserved in rr�y office, and
have found the same to be a correct and true transcript of the whole thereof.
IN TESTIMON� C�(HEREflE, I have fiere�e�to �aeb�cribed rt�y hand at th
Mi nnesota, i n the County �f �4o��ka �� �� day of
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
e City of Fridley,
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LEGAL DESCRIPTION OF WESTERN
RIDGE ESTATES
Lots 1 and 2, Auditor's Subdivision No. 94, according to the recorded plat
thereof;�except the easterly 200 feet of Lot 2, whihc lie northeasterly of
the following described line: Commenci.ng at the Northeast corner of Lot 1,
Auditor's Subdivision No. 94, according to the recorded plat thereof, thence
on an assumed line of said Lot 1 a distrance of 174.72 feet to the point of
beginning of the line to be described; thence south 54°21'40" a distance
of 324.27 feet along a tangential curv� concave to,the northeast having a
r�dius of 717.95 feet and a central angle of 25°53'10'; thence South 80°14'50"
east a distance of 90 feet and said line there terminating. Generally
located on the Northeast Quadrant of I695 and TH 65 on Hillwind Road N.E.
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MOTION by Councilman Schneider to waive the second reading of Ordinance No.
803 and adopt it on the second reading and order publication. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declarecl the motion carried unanimously.
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MDTION by Councilman Schneider to approve the final plat, Western Ridge
Estate, PS #83-01, with the following stipulations:
1.
2.
3.
4.
5.
6.
A 15 foot c7rainage/utility easement that goes ti►rough th� cente� of
the property where the existing clrainage goes.
A 10 foot slope easement along Aillwind Road for snow storage.
Any improvement on storm sewer through property be at the expense of
the c�veloper.
Storm water quality and quantity agreement worked out with ac7jacent
property to the north.
Approval of the Rice Creek Watershed District with all plans for
drainage coming to the City F�gineer for approval.
Lift station be placed in such a manner on the site so the City can
look for future gravity flow to the north.
7. Petitioner be aware of and pay the requirec7 park fee.
Seconded by Councilman Barnette.
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Mr. Fehn, the petitioner, asked about obtaini�g approval from the Rice
Creek Watershed District, and if he should obta�.n this approval.
Mr. Qureshi, City Manager, stated Mr. Fehn would be required to obtain
approval from the Rice Creek Watershed District. He stateci the City would
help in anyway possible, but there is a require�nent for a permit f rom the
Watershed District.
Mr. Fehn stated he talked to the property owner to the north and'felt if a
lift station was installed, it would be a oo�npatible situation to work into
a gravity flvw syst�n.
UPON A WICE W'i`E TAKEN ON �iE ABOVE MDTION, all voted aye, and Mayor Nee
declared the motion carriecl unanimously.
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MpTION by Counci]man Schneic7er to grant the variance to reduce the f ront
yard setback from 35 feet to 25 feet, generally located on the northeast
quadrant of Interstate 694 and Highway 65 on Hillwind Road. Seconded by
Councilnan Hamernik. Upon a voice vote, all voting aye, Mayor Dlee decla�ed
the motion carried unanin►ously.
MOTI0�11 by Councilman Schneider to grant the variance to reauoe the required
rear yard setback for a driveway fram 5 feet to 1 foot, generally located
on the northeast quadrant of Interstate 694 and Highway 65 on Aillwind Road
with the stipulations that a guard rail be installed at any location where
the retaining wall exceeds 3 inches in height. Seconded by Councilman
Fitzg�trick. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
M�TION by Cou�ncilman Schneider to grant the variance to reduoe the required
15 foot planting strip between different zones to 1 foot, generally located
on the northeast quadrant of Interstate 694 and Highway 65 on Hillwind
Road. Zhis variance applies to the approximately 80 linear feet area where
the driveway c�nes within one foot of the lot line and the rest of the
property lines that separate different zonings will be planted with a
landscape plan approved by the City. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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MOTION by Council.mar► Fitzpatrick to waive the second reading of Ordinance
No. 804 and adopt it on the second reading and order publication. Seconded
by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously.
MDTION by Councilman Fitzgatrick to approve and adopt Exhibit I, Off icial
Title and S�mm�ary of Ordinance No. 804. Seconded by Councilman Schneider.
Upon a voice vote, all wting aye, Mayor Nee declared the motion carried
ur�animously.
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MOTION by Councilman Schneider to waive the second reading of Ordinance No.
805 and adopt it on the second reading and order publication. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
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MOTION by Councilman Barnette to waive the second reading of Ordinance No.
806 and adopt it on the second reading and order publication. Seconded by
Councilman Schneider. Upon a voice vote, al� voting aye, Mayor Nee
cleclarec� the motion carried unanimously.
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1�TION by Councilman Schneider to waive the reading of the p�lic hearing
notice and open the public hearing. Seconded by Counci / amernik. Upon
a voice vote, all voting aye, Mayor Nee declared th motion carried
unanimously anc] the public hearing opened at 8:35 p.m.,
Mr. Flora, Public Works Director, stated when the U form Building Code was
adopted by the City, there were soane fire protect' n requir�nents that were
not incorporated. He stated a change was prepa d in the Zoning Code to
add the fire protection procedures to provide cessary sprinkler systems
for all new construction.
Mr. Flora stated when the Planning C�uniss'on was reviewing the ordinance,
there were several other items they re mmended be chanqed in order to
clarify certain criteria.
Mr. Qureshi, City Manager, stated th's ordinance provides that buildings in
excess of 8,500 and 10,000 squ re feet would be required to have
sprinklers. He stated it was fel this was a farily reasonable require�nent
which meets the needs of the pr rty awners and proper balance for f ire
control and suppression.
Mr. Dick Harris, 6200 Rive ew �errace, stated he had a discussion with
the Fire Qzief anc3 this or inance seems reasonable, and he has no objection
to it. He felt the City approaching it in the right way to have this
item handled in the Zo 'ng Code. He felt it would probably benef it a lot
of the small bvilding bwners and help in their particular situations.
Mr. Harris questio "d what other changes were made in the code. Mr. Flora
stated Sections 2.13 through 205.18 add the words "and equipment” which
applies to all rcial and industrial districts. Mr. Flora stated under
Section 205.18 repair garages and auto service stations are added to be
allawec] in bo an M-1 and M-2 zo�.
No other p�rsons in the audience spoke regarding this proposed ordinance
N�bv Councilman Barnette to close the public hearing. Seconded by
�ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee
red the motion carried unanimously and the public hearing closed at
p. m.
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N�TION by Councilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Aamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 8:45 p.m.
Mr. Flora, Public Works Director, stated there are three different issues
associated with this plat and, in addition to the plat, there is a rezoning
request and a variance request.
mi]NCIL �'�'� OF FEBRIJARY 27. 1984 PP�GE 5
Mr. Zeglin asked if 73rd was a State Aid street. Mr. Qureshi sated if as
a State Aid street and eligible for State Aid funding. He stat the
policy the City adopted is to put State Aid monies into a fund or the
maintenance of all streets in the City.
Mr. Zeglin stated the property awners will be assessed for th street and
the money the City receives for this improvement would be p into a fund
to maintain all State Aid roads.
Mr. Zeglin stated what they want is a big, wide roadway ich will end with
a"buggy trail" going into Moundsview and it doesn' make sense, as it
seems what is there naw is adequate.
C�uncilm�-�n Barnette stated what staff was propo ng is a compromise to
reduce the cost of the improvement to the propert awners in order to make
it reasonable. He felt you also have to look a it from the point that it
will happen anyway in the future, and at a hi er cost than what it would
be nav.
Mr. John Buzick stated he �derstands what uncilman Barnette is saying,
haaever, their problem is they are still ying the assessment on 73 1/2.
He stated they will also be filling a' ch that serves the entire City on
a tax forfeit property that was sol by the County. He stated the
improvement isn't necessary for the sons f ronting on it, and would be
actually for people who aren't loc ed on it. He felt the street is a
State Aid street and the funds for is improvement should be paid f rom
these monies.
Councilman Schneider stated he lt Mr. Buzick's arg�unent that the street
would be for people who aren' actually located on it could be made in
every instance of all streets He stated they do however, have a unique
situation where they front o two streets. He stated the policy adopted is
everyone �xiys and benef its rom the street. He stated certainly their
businesses couldn't surviv if the roads aren't there so it is a spreading
of charges for all. He s ted, ultimately, all roads have to go in and
someone has to pay fo them. He stated the State Aid funds they use
benefit everyone so wh streets have to be maintained you are not assessed
again.
Councilman Schneide statec] he felt the City's policy is consistent with
what has been done ith other roads in the City.
Mr. Buzick s�
the property
the C�it�can
he felt the City has an integrity problem where they have
�s pay for the streets and also collect State Aid funds so
the money right away.
Mr. Vern EV o felt they would be subsidizing the street for others in the
c�ununity people between Highway 65 and University didn't pay for the
road.
No othe persons in the audience spoke regarding this street improvement
proieC .
6N by Councilman Schneider to close the public hearing. Seconded by
,cilman Aamernik. Upon a voice vote, all voting aye, Mayor Nee declared
motion carried unanimously and the public hearing closed at 8:35 p.m.
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Mr. Flora stated the plat is for property located on Hillwind Road and
calls for the construction of a duplex and a six-plex on the property.
Mr. Flora stated there is a request for the City to provic7e some turnback
property to the parcels from which it was originally -taken f or
ric�it-of-way.
Ae stated a portion of the turned back property would revert to Lot 2 and
another portion would revert to Lot 1. Mr. Flora stated because of the
steep bank, it would be very difficult to c]evelop this property without the
turnback of the property from which it was originally taken.
Mr. Flora stated the property is layecl out so, in the future, it could be
considered for condamini�nns. He stated water can be extended to service
this development, but there would be a requirement to provide a forced
sewer system to pump uphill. He stated there is some concern about
drainage to the north because of the steep slope.
Mr. Flora stated the Planning Commission recom�nended approval of the plat
with seven stipulations, which he outlinec7.
Councilman Schneider stated he talked with Mr. Fehn and he has constructed
the duplex i�nediately to the east of this proposed plat. He stated some
of the drawings proposed are, basically, the same aesthetically and this
seems like a unique solution for a difficult property. He stated it looks
like this would be a development that would be attractive to the City. �
No persons in the audience spoke regarding this proposed plat.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee
declared the motion carried unanimously and the public hearing closed at
8:55 p.m.
4.
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�� MOTION by Councilman Schneider to waive the reading of the public hearing
notice ancl open the public hearing. Seconded by Councilman Hamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 8:55 p.m.
Mr. Flora, Public Works Director, stated the existing zoning lines are not
alignec] with the property lines anc] the zoning request before the Council
is an attempt to realign the zoning lines in accordance with property lines
and to rezone the property. �e request is to rezone the portion at Lot 1
to 1�3 that is not already zoned 1�3 and to rezone Lot 2 to 1�2 that is not
already zoned R-2.
Mr. Flora stated the Planning Co�nission has recommendec7 approval of the
rezoning.
No persons in the audience spoke regarding this rezoning request.
��..)�� � yl� 1�, •_ �:i._.i_� `!!
N�TION by Councilman Schneider to close the public hearing. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declarec7
the motion carried unanimously and the public hearing closed at 8:56 p.m.
5. �mT IC HEARING ON TEIE AMENDMENP OF RIDEVEID� PRQTECT NO 1 R MODIFYING
1�TI0 by Councilman Schneider to waive the reading of the public hearing
notice c] open the public hearing. Seconded by Councilman Fitzpatrick.
Upon a v ice vote, all voting aye, Mayor Nee declared the motion carried
unanimous � and the public hearing opened at 8:56 p.m.
Mr. Irrman, 'ty Clerk, stated the public hearing is to include a number of
parcels in th enlargement of Redevelopnent Project No. 1. He stated this
would enable th use of tax incr�nent financing and to include this area in
a tax increnent � ' strict.
Mr. Inman stated, wi the problems in financing of industrial developnent,
the staff recomanended o the I�A that, at the time the Paschke property was
included, to also inclu other parcels which may need help in c]eveloping.
He stated by enlarging Red velognent Project No. 1 it merely sets in place
one of the things needec] fo ,potential developnent. He stated the HRA, by
adoption of resolution No. 1- 84 has reconmiended approval. He stated the
Planning Commission also found is co�►patible with the Comprehensive Plan
anc7 past resolution �1-1984.
Councilman Hamernik asked the tot 1 area which will be included. Mr.
Qureshi, City Nlanager, stated the ma r two pieces are the two railroad
parcels which is about 77 acres and the�rest is another 30 or more acres.
Mr. Dick Harris, 6200 Riverview Terrace, s ated he has previously stated
his position about freezing the taxes and he windfall the HRA gets by
freezing taxes. He stated he felt the Counci is setting a bad precedent.
'He stated they have to face the issue that they are narrowing the tax base
for the schools, if they put all the undeveloped and into a tax increment
district. He stated in the referendtm►s that money sn't fall back to the
sch�l districts, but back to the I�iA and didn't re y think the HIZA needs
it, but the school clistrict does have the need. He fe� t at some point in
time the Council has to face this issue.
Mayor Nee stated he felt all the Council was sensitive to 's issue.
Mr. Harris stated no one does anything about it and thinks in veral years
the school districts will use up the monies they have and will talking
about another referend�mn.
I�TION by Councilman Hamernik to close the public hearing. Secon d by
Councilman Barnette. Upon a voice vote, all voting aye, Nlayor Nee decl ed
the motion carried unani.�usly and the public hearing closed at 9:02 p.m.
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CITYOF
FIZIDLEY
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CIVIC CENTER • 6431 UNIVERSITY AVE. N.E.. FRIDLEY, MINNESOTA 55432 • PHONE 1612) 571-3450
April u� 1984
Al1en Fehn
1251 HillWind Road N.E.
Fridley, MN 55432
Dear Mr. Fehn:
On March 26� 1984 ,the Fridley City Council officially approved a final plat�
P.S. 83-�1� Western Ridge Estates, With the folloWing stipulations:
1. Provide a 15 ft. drainage/utility easement that goes through the
center of the property xhere the existing drainage goes.
2. Provide a 10 ft. elope easement along Hi1lWind Road for snoW storage.
3. Any improvement on the storm sewer through the property be at expense
of the developer.
4. Obtain storm Water qualilty and quantity agreement With the adjacent
property oxner to the North.
5. Obtain approval of the Rice Creek Watershed District With all plans
for drainage coming to the City Engineer for approval.
6. The lift station be placed in such a manner on the site that it is
possible for future gravity floW to the North.
7. Pay Park Fee of �4,000.00.
At the same City Council meeting, variances for this site were approved
as listed beloW:
1. Reduce the front yard setback from 35 feet to 25 feet: no
stipulations.
2. Reduce the required rear yard setback for a driveWay from 5 feet to 1
foot With the stipulation that a guardrail be installed at any location
vhere the retaining wall exceeds 30 inches in height.
3. Reduce the required 15 foot planting strip betWeen different zones to
one foot, Which applies to approximately 80 linear feet and the rest of
the property lines that separate different zonings Will be planted With a
landscaping plan approved by the City.
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Allen Fehn
April 4� 1984, Page 2
As of January 1, 1983, the City is required by State LaW to record all formal
City Council actions affecting real property With the County Recorder.
Accordingly� it Will be to your advantage to complete the above stipulations
as expediently as possible.
Before the rezoning ordinance is published� the final plat �ith the identified
stipulations must be submitted to the City Council for approval and
signatures. This is required before the plat can be filed and a permit
issued.
Please contact me at your earliest convenience to arrange a meeting to discuss
this matter and tio establish a time table for completion of the stipulations.
If I can assist you in this matter, or any other matters� please contact me at
571-3450, extension 171. I can be reached at this number Monday through
Friday, 8:30 a.m. to 5:00 p.m.
Thank you for your time, cooperation and consideration in this matter.
Sincerely,
t
? �v.�?ij_
� ames L. Robinson
Planning Specialist
JLR/de
cc: Files
3/0/21/2
I ackeno�ledge receipt of this information.
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