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SAV 74-04Planning Commission Meeting - October 23, 1974 Page 6 Mr. Korin said that before any grading is done and the hole south of his property is filled up, they better put the storm sewer and catch basin in, or he would have water problems in the spring. Mr. Prieditis said if this was graded before the plat was approved, he would want them to be sure of the slope on the South property line also. Mr. Fitzpatrick said the plat would not be approved if the grading was done differently from what was stipulated. 2. CONSIDERATION OF A VACATION REQUEST, SAV $74-04, BY JERRY GUIMONT: Vacate foot utility easemn et needed for a 30' x 24' addition to an existing garage, located on Lot 12, Block 5, Rice Creek Plaza South Addition, the same being 6551 2nd Street N.E. Mr. Harris said there were letters from the four utility companies stating that they had no objection to that portion of the 15 foot easement being vacation where the petitioner wants to have his garage addition encroach on this easement. Mr. Harris said the entire ease- ment is 25 feet, so this is a wide easement. Mr. Clark said they had received the legal description of that portion that needs to be vacated from the surveyor today, and it is quite long. He said the petitioner could have encroached on this easement with the approvalof the utility companies, but he had advised the petitioner to have it vacated so that 10 years down the line, there wouldn't be any problems, such as getting a,mortgage commitment. Mr. Clark said'the petitioner has a 2 car garage now for a seven unit apartment building. This 30 foot addition will give him three more spaces to make this a 5 car garage. To do this, the front corner of the garage will encroach about seven feet on the easement and the back corner will encroach about 34 feet. The normal way we vacate an easement.is•usually the entire strip, but there is a telephone pole Just one foot from the new garage wall. This happens to be a corner post, which is used by the telephone company, the power company, and General Television. It would cost in excess of $2,000 to move this pole. The utility companies do not want to move this pole, and have given permission for this garage to be one foot from the pole. Mr. Drigans asked if this could be a safety hazard. Could someone climb on the garage and then climb the pole? Mr. Clark said the pole has no pegs on it, so this shouldn't be a problem. MOTION by Drigan, seconded by Blair, that the Planning Commission recommend to Council approval of the vacation request, SAV #74-04, by Jerry Guimont, to vacate an irregular strip of land lying within a 15 foot utility easement at the rear of Lot 12, Block 5, Rice Creek Plaza South Addition, Anoka County, the same being 6551 2nd Street N.E., lying South of the North line of said Lot 12, and adjoining the westerlc line of said 15 foot utility easement described as follows: Commencing at the Northeast corner of Said Lot 12; thence west along the North line of said Lot 12, a distance of 11.50 feet; thence South and paralle� ; Planning Commission Meeting - October 23, 1974 Page 7 with the West line of said Lot 12, a distance of 8.40 feet to the point of beginning; thence continuing along said parallel line a distance of 24.70 feet; thence West and parallel with the North line of said Lot 12, to the Westerly line of said 15 foot utility easement; thence Northeasterly along the Westerly line of said 15 foot utility easement to a point 8.40 feet South of the North line of said Lot 12; thence East and parallel with the North line of said Lot 12, to the point of beginning, to allow the construction of a 30 foot x 24 foot addition to an existing garage. Upon a voice vote, all voting aye, the motion carried unanimously. 3. OPEN MEETING LAW MOTION by Harris, seconded by Blair, that the Planning Commission receive the letter sent to the Anoka County Attorney by four citizens of Fridley, and the letter from Weaver, Talle 4 Herrick, sent to the City Council, dated October 21, 1974. Upon a voice vote, all Voting aye, the motion carried unanimously. Mr. Drigans said he hoped that these four citizens were genuinely interested in the enforcement of the open meeting law and not pursuing this matter for political reasons. He said he was opposed to the Planning Commission being used for political purposes. Chairman Fitzpatrick said this is in the hands of the County Attorney now, 4. SETTING DATE FOR WORKSHOP MEETING Mr. Drigans said the Planning Commission had set aside one night a month, the same night as the Public Hearing meeting of the City Council, for having their workshop meetings. They hadn't had one in October, and he thought they should request one for November. Mr. Clark said he thought November 18th would be the Public Hearing night for the Council, because November 11th was a legal holiday. Mr. Clark said he thought he should check with Virgil Herrick, the City Attorney, to see if these meetings were in violation of the open meeting law. There may have to be some notice given for these meetings. 5. RESPONSE TO MR. HUFF'S MEMO Mr. Harris said he thought Mr. Huff should be invited to make his presentation at the next Planning Commission meeting. MOTION by Harris, seconded by Drigans, that Mr. Huff make his presentation to the Planning Commission on November 6, 1974. Upon a voice vote, all voting aye, the motion carried unanimously. 6. RIVERVIEW HEIGHTS Mr. Harris said he had an occasion for visiting in the Riverview Heights area recently. He said that during the flooding in 1965, he had felt that this was a disadvantaged area, and was pleasently sur- 157 REGULAR COUNCIL MEETING OF NOVEMBER 4, 1974 PAGE 4 Councilman Breider said he is aware that the City cannot waive the taxes, but he felt the City Council could recommend that this be done by the County. He said if this is not done, there is the possibility of creating a 30 foot strip of.land that would be isolated and could go tax forfeit. He thought if this is the case, the City may not obtain the monies due for the special assessments. MOTION by Councilman Nee to agree in principle to support the application to the County to waive the payment of the back taxes and penalties on the lot described, but not waive the special assessments. Seconded by Councilman Bredier. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i CONSIDERATION OF EXTERIOR DEVELOPMENT PLAN, REQUEST BY FRANK'S NURSERY: j The Public Works Director explained how this consideration had been tabled because the landscaping plan was not prepared at the previous consideration by the Subcommittee. He said they withdrew the request with the understainding that they would come back at a later date when the plans were complete. He further pointed out that they had prepared an exterior development plan and would like -to begin work before the winter months. He pointed out the area in question on -the map.on the screen and said all of the plan is according to the code and the width of the parking stalls are correct. A representative of Frank's Nursery said there would be no more merchandise out in the front of the building. This would be removed, He questioned the stipulation of . installation of the fencing and said he believed that it would be more attractive to look at rows of evergreen trees than a wooden fence. The representative of Frank's Nursery said the work is to be done by the 15th or 18th of November. Councilman Breider said this matter would have to go back to the Building Standards - Design Control Subcommittee. He said he would not want to bypass the Subcommittee, but he did understand the situation with the winter freeze coming. MOTION by Councilman Breider to approve the parking plan, but direct the applicant to go back to the Building Standards -Design Control Subcommittee for the final approval on the landscaping plan. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES.OF THE PLANNING COMMISSION MEETING OF OCTOBER 23, 1974: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P. S. #74-06, ZANDER'S 1ST ADDITION BY DAILEY HOMES, INC.: A REPLAT OF LOT 3, UDITOR'S SUBDIVISION NO. 92, EXCEPT— TRE XCEPT E NORTH. 169 FEET OF THE WEST 164 FEET THEREOF, GENERALLY LOCATED SOUTH OF 61ST AVENUE N. E., BETWEEN BENJAMIN STREET & MCKINLEY STREET N. E.: The Public Works Director said this had been tabled and will be considered at a later time. The Public Works Director said the Planning Commission had recommended approval of the vacation. He also pointed out that there were no objections on the administravite level and the City had received a letter from the utility company stating they had no objections to the vacation. The Public Works Director said it would be in order to set a Public Hearing. MOTION by Councilman Breider to set a Public. Hearing for November 18, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting of October 23, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MEETING OF OCTOBER 9 : 156 REGULAR COUNCIL MEETING OF NOVEMBER 4, 1974 PAGE 3 Councilman Breider suggested having the Administration work with the people of the area in obtaining the estimates, and if there is no.action from the railroad, they could go to court action after this. MOTION by Councilman Breider to direct the people of the area to work.with the Administration to formulate the plan for -submitting the claims with copies of these claims being retained at City Hall to keep track of the action taken. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl mentioned the lighting of the area.and_.asked..if it would be possible to regulate and control .this so it does not shine in the homes of the area people. Mr. Pikus said when it is dark and no lights are on, he is able to walk around his house because it is lighted by the railroad lights.. Mayor Liebl asked if the berm had been installed and Mr. Zimmer said it had, but the lights are higher than this and shine over it. Mayor Liebl asked if the fencing had been installed. Mr. Zimmer said yes, but they would like -.to have the strips installed in the fence. The City Manager said the railroad.had.talked.about_some_fencing and -strips -for the fence and also some planting for this area...He.mentioned-that the landscapeplan had not been approved by the railroad at the present time, but would be done in the near future. He said they would be working on this plan in the spring. The Representative of the railroad assured the area residents that the landscaping would be carried through this area. He also mentioned that the flood lights are still in the construction stage and perhaps are not focused and directed properly at the present time. Mayor Liebl asked Mr. O'Leary if it would be possible to have a meeting with Mr. Zimmer to enable them to reach a satisfactory conclusion to the lighting problems. Mr. O'Leary said he would do this. ` Mayor Liebl said he hoped the landscaping plan would call for the planting of trees on the berm to reduce the amount of light and noise. Mr. O'Leary said the land- scaping plan would be brought to the City for approval before the work is done. i Mayor Liebl asked if Mr. O'Leary would furnish a copy of the plan to the area } property owners for their approval. Mr. O'Leary said this could be done. CONSIDERATION OF A REQUEST BY TRI -CO BUILDERS, INC. CONCERNING LOTS 1 AND 2, BLOCK 5, SPRING BROOK PARK ADDITION: I MOTION by Councilman Utter to receive the letter from Tri -Co Builders, Inc., James E. George, Treasurer dated October 30, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl questioned the Assessor on this type of action and whether or not it would conform to policy. The Assessor answered he would recommend that the special assessments not be reduced or the residents of the whole City would be able to bring up the same request. A representative of Tri -Co Builders said the letter of request had stated that the Company would pay all of the special assessments, but in the letter they had asked that the'back taxes and penalties be waived. The representative said the property would be a buildable site without the additional 30 feet which is being referred to at the present time. The Assessor said this would have to be done at the County level with approval by the State. The City Attorney said there is no guarantee that this could be done by the County. He suggested the Assessor work with the County for this type of action. The Assessor said he owuld help in anyway he could to get the taxes waived at the County level. 0R 212 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 2 AND CONSIDERATION OF APPROVAL OF A REQUEST FOR HOUSE RELOCATION ON LOTS 31 AND 32, BLOCK 4, SPRING BROOK PARK ADDITION: The Public Works Director said'all of the property owners on the lots proposed for rezoning had signed a.petition favoring the rezoning. He said there had been no objection.to the request with the exception of one property owner and his property had been deleted from the rezoning request.. - The Public Works Director continued to point out that there is also a request to move.a house to Lots 31 and 32,'Block 4, Spring Brook Park Addition and he pointed this area out to the Council on the map on the screen. Councilman Utter asked where the house was being moved from. The Public Works Director said he believed this was being moved from Edina. He advised the members of the Council that he had a picture of the house and showed this to the Council along with the pictures of the homes in the area where the house is proposed to be. moved to. Councilman Utter questioned if the homes would be of comparable values.- Councilman alues.Councilman Breider said he would have no objections to the house being moved to the area if it had a garage in the plans. The Public Works Director said this was one of the suggested stipulations from the Building.Standards Committee, that a garage be installed in 1975. Mayor Liebl asked the applicant, Mr. Henry Muhich, if he planned to occupy the home.' f iMr. Muhich said no. MOTION by Councilman Nee to table the consideration of the second reading of the ordinance for the rezoning request by Henry Muhich until the second meeting in i January. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl voting nay, Councilman Utter voting aye, and Councilman Nee voting aye, Mayor Liebl declared the motion carried four ayes and one nay. ORDINANCE NO. 576— FOR VACATION REQUEST SAV #74-04, BY JERRY GUIMONT, OF A PORTION �l OF UTILITY EASEMENT, GENERALLY LOCATED AT 6551 2ND STREET: l� The Public Works Director said there had been no objections to this request and he had obtained letters from the utility companies stating they had no objections to the vacation of a portion of the easement. MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the Ordinance, number 576, for the vacation request SAV #74-04, by Jerry Guimont generally located at 6551 2nd Street N. E. on second reading. Seconded by Councilman Starwalt. Upon a roll call .vote, Councilman Starwalt voting aye, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, and Councilman Breider voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication of the Ordinance. CONSIDERATION OF LOT SPLIT REQUEST L. S. #74-16, GORDON PETERSON, 4565 3RD STREET 'N. E. TABLED 12 2 Z4J_: The Public Works Director pointed out the request on pages 4-C and 4-D of the agenda book. He said the Planning Commission had recommended approval of the request with the stipulation that before this item was reviewed by the Council the applicant was requested to provide a new survey. He informed the Council that the sitpulation had been complied with and the new survey appeared within the agenda book. Hr. Sobiech said he recommended approval of the request at the present time. MOTION by Councilman Nee to concur with the recommendations of the Planning Commission and Administration and approve the lot split as requested by Gordon Peterson, 4565 3rd Street N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 1 " '.. a cc!,-, E- I 1, 2 0 �, O -r /3 Lot twelve (12) and the North thirt seven and seven tenths feet (37.71) of Lot thirteen (13T, Block five (5). Rice Creek Plaza South Addition.