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LS 84-08CIIYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY. MINNESOTA 55432 • PHONE (612) 571-3450 Don Hanson august 22, 1984 1482 Onondago N.E. Fridley, MN 55432 Dear Mr. Hanson; On August 20, 1984 the Fridley City Council officially approved (QXR1.L,__#fl__Qj to split off 121 feet of Lot 28, Auditor's Subdivision No. 129, and Outlot A, Jim Lund Addition, to make a new building site at 1501 73 1/2 Avenue N.E. with the following stipulations: 1. Provide 27 ft. street easement for possible future use. 2. Signed park fee agreement of $750. 3. Split to be registered at the County prior to issuance of a building permit. 4. Front yard setback of minimum of 44 feet required; rear yard setback of 25 feet. Leaves 25 feet for structure. 5. Provide an excrow of $7,000 for future street improvement. 6. Pay special assessments. 7. Petitioner must submit petition to City requesting street and utilities be installed across the front of his property, to be completed when the new home is finished. 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. Please contact me at your earliest convenience to arrange a meeting to discuss this matter anal to establish a time table for completion of the stipulations. If I can assist you in this matter, or any other mattters, 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, OJames L. Robinson Planning Specialist JLR/de I ackcnowledge receipt of this information. Name T75rlc/TM ilee Date CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 18, 1984 CALL TO ORDER: Chairwoman Schna\1call,,ed the July 18, 1984, Planning Commission meeting to order at 7:33. ROLL CALL: Members Present:hnabel, Mr. Oquist, Mr.Nielsen, Mr. Kondrick, Ms. Gabel, ton, Mr. Saba Members Absent: None Others Present: Jim Robin n, Planning Specialist Don Hanson, 1482 Onondaga St. N.E. James I. Ta or, 1487 - 97th Ave., Coon Rapids Allen Mattso MCCK Properties, Inc. (See attached ist) APPROVAL OF JUNE 20, 1984, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MA. OQUIST, TO APPROVE THE JUNE 20, 1984, PLANNING COMMISSION MINUTES AS WRITTEN.\ UPON A VOICE VOTE, ALL VOTING AYE, CARRIED UNANIMOUSLY. SCHNABEL DECLARED THE MOTION 1. TABLED: LOT SPLIT REQUEST, L.S. #84-08, BY DON HANSON: Split off the Southerly 121- feet of Lot 28, Auditor's Subdivision No. 129, and Outlot A, Jim Lund Estates, to make a new building site at 1501 73 1/2 Avenue N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO REMOVE L.S. #84-08 FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated that as discussed at the last meeting, there are several large lots in this area that have the potential to be split also. For that reason, the Planning Commission decided to table any further discussion in order to inform the neighbors of this lot split request and of the possibility of other lot splits, with the potential of 732 Avenue going through, looping to'Osborne.at the east of the apartment building. He stated that this would be based on an agreement with the apartment build- ing owner that the apartment building driveway become a city street. At this time, if just the petitioner, Mr. Hanson, splits his lot, Mr. Hanson will put in a driveway to the cul de sac on 732 Ave. However, the City will secure right-of-way for the splitting of any future lots. 2A PLANNING COMMISSION MEETING, JULY 18, 1984 PAGE 2 Ms. Schnabel stated this was not a plan the City had at this time. The Planning Commission thought it logical to present this idea to the neighbors so that those neighbors who do have large lots that might be affected and might want to consider splitting could understand how it could be worked out. It was nothing that had to be done, and it was just in the talking stages at this time. They also wanted to get the rest of the neighbors' reaction. Mr. Robinson stated that George Hanson, 1476 Onondaga St. N.E., Lot 26, was not able to attend this meeting. Mr. Hanson did say he would be in favor of the lot split, but he would like to make sure access was provided because he was interested in splitting his lot sometime in the future. Ms. Schnabel asked if there was anyone in the audience who would like to make some comments. Mr. James Vaughan, 1520 732 Ave. N.E., stated he lived on the southeast corner of the cul de sac. He stated that if 732 was extended, he would hate to lose the cul de sac. His question was: Who would pay the assess- ments for the street --would it be assessed to the new lots or would the existing homeowners on the existing 732 also have to pay the assessments? Mr. Robinson stated he believed the assessments would be paid by the lots that are split, but he would do some further checking to see if that was correct. Ms. Sue Sherek, 1530 732 Avenue N.E., stated that the east end of 732 also ends in a cul de sac, so there are cul de sacs on both ends. At the east end there is an apartment building, but the apartment was required to access onto 73rd Avenue. If there was the possibility of multiple dwellings going on any of the larger lots, would it be possible to have their access onto 73rd Ave. also? Ms. Schnabel stated that was a hard question to answer at this time, but the chances were that the City would prefer to have the access go onto 73rd. Ms. Schnabel asked if there were any neighbors in the audience who were interested in splitting their lots. Hearing no other comments, Ms. Schnabel stated they would proceed to handle the lot split request that was submitted by the petitioner, Mr. Don Hanson. Mr. Robinson restated the stipulations recommended by Staff: 1. Provide a 27 ft. street easement for possible future use. 2. Asphalt curb work on 732 Ave. to be done by City's contractor at owner's expense 3. Property owner to provide driveway to street 4. Driveway to be removed at no cost to the City in the event the street goes through 5. Signed park fee agreement of $750 6. Split to be registered at the County prior to issuance of a building permit, or before Oct. 15, 1984 2� PLANNING COMMISSION MEETING, JULY 18, 1984 PAGE 3 7. Front yard setback of 44 ft. 8. Rear yard setback of 25 ft. 9. Payment of special assessments MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO CLOSE THE PUBLIC HEARING ON L.S. #84-08 BY DON HANSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #84-08 BY DON HANSON, TO SPLIT OFF THE SOUTHERLY 1211 FEET OF IAT 28, AUDITOR'S SUBDIVISION NO. 129, AND OUTLOT A, JIM LUND ESTATES, TO MAKE A NEW BUILDING SITE AT 1501 73 1/2 AVENUE N.E., WITH THE FOLLOWING STIPULATIONS: 1. PROVIDE A 27 FT. STREET EASEMENT FOR POSSIBLE FUTURE USE 2. ASPHALT CURB WORK ON 7371 AVENUE TO BE DONE BY CITY'S CONTRACTOR AT OWNER'S EXPENSE 3. PROPERTY OWNER TO PROVIDE DRIVEWAY TO STREET 4. DRIVEWAY TO BE REMOVED AT NO COST TO THE CITY IN THE EVENT THE STREET GOES THROUGH 5. SIGNED PARK FEE AGREEMENT OF $750 6. SPLIT TO BE REGISTERED AT THE COUNTY PRIOR TO ISSUANCE OF A BUILDING PERMIT, OR BEFORE OCT. 15, 1984 7. FRONT YARD SETBACK OF 44 FT. 8. REAR YARD SETBACK OF 25 FT. 9. PAYMENT OF SPECIAL ASSESSMENTS UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on August 6. 2. PUBLIC HEARING: CONSUERATION OF A SPECIAL USE PERMIT, SP #84-12, BY JAMES I. TAYLOR: Perection 05.14.1,C, 4, of the Fridley City Code, to allow a repair garag (Midas Muffler) on Lot 1, Block 1, University Industrial Park, the sa being 8080 University Avenue N.E. MOTION BY MR. KONDRICK, SE6qNDED BY MR. MINTON, TO OPEN THE PUBLIC HEARING ON SP #84-12 BY JAMES I. TA R. UPON A VOICE VOTE, ALL VOTINGIYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:04 P.M. \ Mr. Robinson stated this property was located on the southwest corner of 81st and University. The zoning w C-2, and it was surrounded by light and heavy industrial with some addi Tonal C-2. The site plan showed the building situated in the northern po ion of the lot. It included 35 ft. setbacks all around the building. Th a will be 28 stalls, 22 outside and 6 inside. He stated the proposal meet all code requirements. PLANNING COMMISSION MEETING, JUNE 20, 1984 PAGE 2 Mr. Robinson stated there is an alley there that is an unpa d, unimproved alley. The petitioner might want to consider petitionin o have it vacated. Ms. Schnabel asked the petitioners if they had any cpd1ments to make about this request. / Mr. Gary Michurski stated the neighbor directl to the east also has a double unattached garage at the b/ah use. He stated the only reason they are considering this ecause they have an existing single car garage. They own thre. Since they both work, they have to continue to move the thre, and one ends up left on the street more than it should. He shave one vehicle they use seasonally, and they would like tin the garage. He stated they will continue to use the existing a garage. Ms. Schnabel stated that if Michurski's wanted the additional property in their back yard, they mig want to approach their neighbors about requesting the City to vac a that alley. MOTION BY MR. SABA, SEC OED BY PLS. GABEL, TO CLOSE THE PUBLIC HEARING ON SPP #84-11. UPON A VOICE VOTE,,XLL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. MOTION BY MR. YONDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APP12H S ECIAL USE PERMIT REQUEST, SP #84-11, BY CHERYL A. MICHURSKI, PER05.07.1,' 3 A, OF THE FRIDLEY CITY CODE TO ALLOY? THE CONSTRUC- TIOCOND ACCESSORY BUILDING, A 22 FT. BY 24 FT. DETACHED GARAGE ON LOT48, BLOCK 11, SPRING BROOK PARK, THE SAME BEING 298 ELY STREET N.E., WITPULATION THAT THE DRIVENAY TO THE AEW GARAGE BE PAVED AND A 30 FT. SETAINTAINED. UPOVOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARIMOUSLY. 'Schnabel stated this special use permit request would go to City Council July 2. 2. LOT SPLIT REQUEST, L.S. #84-081 BY DON HANSOM_ Split off the Southerly T2T-*- feet of Lot 28, Auditor's Subdivision No.129, to make a new building site at 1501 73 1/2 Avenue N.E. Mr. Robinson stated this lot was located between Onondaga St. and 73rd Ave., just west of the 731-2 Ave. cul de sac. The lot is quite large, 34,000 sq. ft. The proposed new lot would be to the south and would be 13,500 sq. ft. Mr. Robinson stated there are several very large lots that have the potential of being split off in the future. For that reason, there is the potential that 731.- could go through and end in another cul de sac. PLANNING COMMISSION MEETING, JUNE 20, 1984 PAGE 3 Mr. Robinson stated there were quite a few pretty basic stipulations that would go with the lot split. Mr. Robinson stated that at this time, the Planning Commission could either a aublicethe lot hearing andlit invitehtheineighbors,tortheewestuld to seed4 they rmal P 9 9 Y interested in splitting their lots as well, possibly putting the street in, and getting this all done at one time. That would be better than having the owner of the new lot put in a driveway to the cul de sac on 732 and then have to remove the driveway in the future if the street was put in. Mr. Robinson stated another consideration was the front yard setback. The exisitn house to the east is set back 65 ft. from what would be this lots's right of way, due to the cul de sac. If they were to tak an average of this lot and a possible future lot to the west of the proposed split, assuming a 35 ft. setback to the west, the average would be 50 ft. With an allowed deviation of 6 feet, the minimum setback for the proposed lot would be 44 ft. The rear yard would be 25 feet. The proposed right of way is 25 ft. and this leaves 27 ft. for a structure, which is a reasonable structure. Mr. Robinson stated Staff would recommend the following stipulations: 1. Provide 25 ft. street easement for possible future use 2. Concrete curb work on 732 to be done by City's contractor at owner's expense 3. Petitioner to provide driveway to street 4. Driveway to be removed at no cost to the City in the event the street goes through 5. Signed park fee agreement of $750 6. Split to be registered at the County prior to issuance of a building permit, or before October 15, 1984. 7. Front yard setback of 44 ft. 8. Rear yard setback of 25 ft. Mr. Robinson stated this seemed like a good opportunity to look at the possible future development of that whole area. Perhaps the Planning Commission should hold an informal public hearing and table the lot split at this time. Ms. Schnabel asked Mr. Hanson if he had talked to his neighbors about the possibility of their splitting their lots. Mr. Hanson stated he has talked to the neighbor who owns Lot 26, and he was not opposed to the idea. He stated there is a new owner of Lot 24 so he did not know the plans of the new owner. Ms. Schnabel stated that if the petitioner was not in a real hurry with the lot split, the Planning Commission could table this until their July 18th meeting. This would give the City the opportunity to contact all the owners of these lots to see if they are interested in splitting also, and invite them to an informal public hearing at the next meeting. She stated this would certainly be to the petitioner's advantage. Mr. Hanson stated he had no problem with having this tabled until the Planning Commission's July 18th meeting. W PLANNING COMMISSION MEETING, JUNE 20, 1984 _ PAGE 4 MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO TABLE LOT SPLIT REQUEST, L.S. #84-08, BY DON MCCLUSKY IN ORDER TO HOLD AN INFORMAL PUBLIC HEARING WITH THE NEIGHBORS ON JULY 18, 1984. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE JUNE 12, 1984, APPEALS COMMISSION MINUTES: MOTION BY MS. GABEL, SECONDED BY MR. NIELSEN, TO RECEIVE THE JUNE 12, 1984, APPALS COMMISSION MINUTES. �'� Ms. Ga el stated she would like the Planning Commission to d' cuss public hearing on lot splits. She was referring to the recent 1 split requested by John 'tchcock on the corner of Mississippi St, and ley Drive. She stated one the neighbors were notified through the peals public hearing process, th came to the meeting en masse. The n ghbors were definitely opposed to t t lot split. She stated the Appea Commission voted unanimously to deny the request for variances. They felt the variances were created by the lot split, and that ther was no hardship. Mr. Robinson stat he has discussed th' with Mr. Qureshi,.and it was Mr. Qureshi's sugge tion that whenever the Planning Commission feels a public hearing is ne essary or help 1, they can table the discussion and notify the neighbors d have an ' formal public hearing, like what was done at this meeting. Ms. Gabel stated she did o agree with that. Based on the fact that the City is as built up as it she felt they are going to have more and more lot split requests, and t i going to be more and more controversial. She felt that the neighbo s who a e affected have the right to be notified. She felt very stro y about is. Mr. Oquist sta d his question uld be: Why would they not want to have public hearin s for lot splits? Mr. Saba ated he agreed with Ms. abel. They are going to be getting more to split requests, they are go g to be more and more complicated, and t y are going to affect more and re people down the line. A VOICE VOTE, ALL VOTING AYE, CHAIRipMAN SCHNABEL DECLARED THE MOTION ED UNANIMOUSLY. \ Ms. Schnabel asked if Staff could prepare s me type of proposal for a change in the ordinance by the July 18th me ting. This could be used as a starting point for discussion. 7� Mr. Robinson stated he could do that. He stated he would like to discuss this with Dave Newman, City Attorney, and he would like to find out what neighboring communities are doing. • ' ` MUTUAL AGREEMENT Donald W. Hanson/City of Fridley This agreement made and entered into this 31st day of December, 19814 by and between Donald W. Hanson, hereinafter called the "Owner" and the City of Fridley, a Municipal Corporation of the State of Minnesota, hereinafter called the "City". WHEREAS, the Owner has requested and received City Council approval for a Lot Split of Lot 28, Auditor's Subdivision No. 129 and Outlot A, Am Lund Estates Addition to allow a new residential building site. IN CONSIDERATION of this lot split approval, the City and the Owner of Lot 28, Auditor's Subdivision No. 129, except the North 180.00 feet thereof do hereby agree as follows: 1. The City shall construct half of a street extending West of the existing 73 1/2 Avenue to approximately the West line of said Lot 28. 2. The Owner agrees to pay all assessments relative to the utility and street extensions. 3. The Owner shall be responsible for the maintenance and snow plowing activities of this street until which time the street is widened to City standards. 4. The City shall take over total maintenance of the street at the time the street is widened to City standards. IT IS MUTUALLY AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the property here described. This Instrument was Drafted by: City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Note: This Document is intended to supercede Document #654710 dated September 13, 1984 and recorded September 26, 1984. MUTUAL AGREEMENT Donald W;-Hanson/City of Fridley Page 2 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this 31st day of December, 1984. William J. Nee - y r City of Fridley I es Ao ing Ckey Manager State of Minnesota) )ss County of Anoka ) On this 31st day of December, 1984, before me, a Notary Public within and for said County, personally appeared William J. Nee and James P. Hill, to me Personally known, who being each by me duly sworn they did say that they are respectively the Mayor and the Acting City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and said William J. Nee and James P. Hill acknowledged said instrument to be the free act and deed of said municipal corporation. .•..e Cf YOE V. r-A09A, .r7 K t.� NOTARY PURI IC — VIVEsWTA ? g' ANOKA COIN 1Y OtyCommissio��Lxpires,s..,�T.23R:? ' ti .vw+n�n,vwwwvwwvwwv;•>v, .... , . State of Minnesota) )ss County of Anoka ) 4Publio Donald W. Hanson - Owner On this 31st day of December, 1984, before me, a Notary Public within and for the County of Anoka and the State of Minnesota, personally appeared Donald W. Hanson, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. '►!' '.^•' �' �.` :fid ?ICQ4�1tOFC0iP�l�PNt SUSAN M. EWII4G S I40TARY PUBLIC -MINNESOTA i 4 ANOKA COUNTY t Cr.�, , �My�ion Exptrea Jul. 7, 1988 `4NOtyPublio f MUTUAL AGREEMENT Donald W. Hanson/City of Fridley l Ca -4'r A This agreement made and entered into this /J R11- day o"6.- 1984 by and between Donald W. Hanson, hereinafter called the Owner and the City of Fridley, a Municipal Corporation of the State of Minnesota, hereinafter called the "City". WHEREAS, the Owner has requested and received City Council approval for a Lot Split of Lot 28, Auditor's Subdivision No. 129 and -OutLot,A J_z� im Lund Estates ddi�on to allow a new residential building site. IN CONSIDERATION of this lot split approval, the City and the Owner, do hereby agree as follows: 1. The City shall construct half of a street extending West of the existing 732 Avenue to approximately the West line of said Lot 28. 2. The Owner agrees to pay all assessments relative to the utility and street extension. 3. The Owner shall be responsible for the maintenance and snow plowing activities of this street until which time the street is widened to City standards. 4. The City shall take over total maintenance of the street the time the street is widened to City standards. IT IS MUTUALLY AGREED that the provisions of this agreement hall be binding upon and enforceable against the parties hereto, th it suc essors and assigns and all subsequent owners of the property here de cribed. This Instrument was Drafted by: City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 J 'MUTUAL AGREEMENT Donald W. Hanson/City of Fridley Page 2 IN WITNESS WHEREOF, the parties this v�y� day of 1984. State of Minnesota) ) ss County of Anoka ) hereto have hereunto set their hands /jVtA'4& )X--'C� Wil lam J. Nee -a or City of Fridley Nasim M. Qureshi - City Manager City of Fridley On thi s � day of 1984, before me, a Notary Public within and for said County, personally appeared William J. Nee and Nasim M. Qureshi, to me personally known, who being each by me duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and said William J. Nee and Nasim M. Qureshi acknowledged said instrument to be the free act and deed of said municipal corporation. C' YOE V. MORAVFTZ NOTARY PUBUC - MINNESOTA `S ANOKA COUNTY 2 M.v r. mmisux. Eipk" Jw. 07, ISM b' v . rh'. State of Minnesota) ) ss County of Anoka ) Not Public Donald W. Hanson - Owner On this /3 1:&— day ofse�= _ , 1984, before me, a Notary Public within and for the County of Anoka dnd the State of Minnesota, personally appeared Donald W. Hanson, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. CLYDE V. WORAVETZ MW MUC • MINNESOTA otd ' Publ i c ANOKA COUNTY �ku1w.07,19NN 1p 54'r_1 C 0 r Numerical Grantor Gzaniee &e'Wded Chocked Mazcbn 1Y. Index MICE Of COUNTY RECOKUU, STATE Of MINNESOTA, OU w� he Of ANin OKA I hereby c fY that anent was Eped2ing his office for recce Dn the_ S----,�`.D., 19, '; �a o'clock& and was duly record In boo'" image rder By pe 4i C�.. cox6- to. /1q, (� OB uo ,� ctyO& �?, 1. K 2. 7he Regular Meeting of the Fridley City Council was called 6 order at 7:43 p.m. by Mayor Nee. / Mayor Nee led the Council and audience i/ee a of Allegiance to the Flag. BOLL CALL: MEMBERS PRESENT: Mayor Nee, Councie, Councilman Schneider Councilman Hamernilman Fitzpatrick MEMBERS ABSENT: None MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Jupon a voice vote, all voting aye, Mayor Nee declared the motion carrie9T unanimously. MOTION by Councilman rnette to approve the minutes as presented. Seconded by Councilman Ham nik. Upon a voice vote, all voting aye, Mayor Nee declared the motio carried unanimously. 7here was no�fesponse from the audience under this item of business. ON by Councilman Fitzpatrick to set the public hearing on this plat for ember 10, 1984. Seconded by Councilman Barnette. Upon a voice vote, voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated this is a request to split off the southerly portion of the property which faces Onondaga Street to provide approximately a 101,000 square foot lot. Mr. Flora stated, because there are adjacent property owners which could also split off the lots, the Planning Commission notified these owners to determine if there was any interest in splitting their property. He stated it was found there was some interest so consideration should be given for extending 73 1/2 Avenue. Mr. Flora stated the Planning Commission, therefore, made a recommendation to approve the lot split with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) asphalt curb work on 73 1/2 Avenue to be done by City's contractor at owner's expense; (3) property owner to provide driveway to street; (4) driveway to be removed at no cost to the City in the event the street goes through; (5) signed park fee agreement of $750; (6) split to be registered at the County prior to issuance of a building permit, or before October 150, 1984; (7) front yard setback of 44 feet; (8) rear yard setback of 25 feet; and (9) payment of special assessments. Mr. Flora stated staff would add one additional stipulation to provide an escrow of $7,000 for future extension of the street. Mr. Herrick, City Attorney, stated he would not be in favor of providing an escrow. He stated the City would be holding funds with no certainty the project is going to proceed and felt it wasn't consistent with other street improvements that were assessed as they were constructed. Mr. Qureshi, City Manager, stated the street would be constructed so it would be possible to extend it to the west of the lot in the future. Councilman Schneider stated if the lot split is approved, any street assessments could possibly be paid at the time the split is recorded with the County. Mr. Qureshi, City Manager, felt there was a way to resolve the issue, however, he wanted to make sure the improvements constructed to serve this lot were paid. Mr. Hanson, the petitioner, stated he understood the road constructed would be a temporary one which could be extended at some future date. Mr. Qureshi stated the street would be 20 feet with curbing and sewer and water provided for this lot before the road is constructed. He stated he felt this would be a better approach rather than only putting in a driveway which would eventually have to be removed to allow for future expansion of the street. He stated the road would be built in a piecemeal fashion because Mr. Hanson is ready now to proceed with his lot split which isn't the case with the other property owners. He stated the City wouldn't maintain it because it would not be a full width street at this time. Councilman Schneider stated the intent is to make sure that anyone buying this lot will bear the expense of putting in a road. Mr. Herrick stated he felt this could be done by an agreement filed when the lot split is recorded. Mayor Nee felt perhaps it could be handled by the petitioner requesting these improvements as a condition of the lot split. -2- 3. Mr. Herrick stated an agreement could be drawn and recorded as part of the abstract that payment of the assessments is binding on the petitioner or his successors. Mr. Flora stated if a petition was going to be received for the street improvement, stipulations two, three, and four could be deleted. MOTION by Councilman Schneider to grant lot split, L.S. #84-08 with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) signed park fee agreement of $750; (3) split to be registered at the County prior to issuance of a building permit, or before October 15, 1984; (4) front yard setback of 44 feet; (5) rear yard setback of 25 feet; (6) petitioner agrees to provide a petition to the City for street and utility improvements and that all special assessments for these improvements will be billed against the property. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated in the development of the Moore Lake 'version, there was a requirement to place a storm sewer system across four pr rties. He stated the Finance Director has identified the cost of those ea ents based on the judge's decision to award payment. He stated the Counci has the amount of the awards to the four property owners before them and the costs are included in Project No. 132. MOTION by Counci Schneider to authorize the City administration to make payment for the eas ents , as outlined by the Finance Director, for Moore Lake Porject No. 132. nded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. MOTION by Councilman Barnette to recei Petition No. 7-1984. Seconded by Councilman Fitzpatrick. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated a visiwas ode to Reserve Supply to investigate the noise problem. He stated Rese a supply has gone to a thrid shift from 10:00 p.m. to 6:30 a.m. in order load their delivery trucks for the next day. He stated Reserve Supply indicated they would talk to the\pe and fork lift operators to try and resolve this issue. Councilman Fitzpatrick asked if the persons signing on were notified as to what has transpired. -3- O0UNC . KEEZ= OF AUGUST 20; 1984 r 3. Mr. Herrick stated an agreement could be drawn and recorded as part of the abstract that payment of the assessments is binding on the petitioner or his successors. Mr. Flora stated if a petition was going to be received for the street improvement, stipulations two, three, and four could be deleted. MOTION by Councilman Schneider to grant lot split, L.S. #84-08 with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) signed park fee agreement of $750; (3) split to be registered at the County prior to issuance of a building permit, or before October 15, 1984; (4) front yard setback of 44 feet; (5) rear yard setback of 25 feet; (6) petitioner agrees to provide a petition to the City for street and utility improvements and that all special assessments for these improvements will be billed against the property. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated in the development of the Moore Lake 'version, there was a requirement to place a storm sewer system across four pr rties. He stated the Finance Director has identified the cost of those ea ents based on the judge's decision to award payment. He stated the Counci has the amount of the awards to the four property owners before them and the costs are included in Project No. 132. MOTION by Counci Schneider to authorize the City administration to make payment for the eas ents , as outlined by the Finance Director, for Moore Lake Porject No. 132. nded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. MOTION by Councilman Barnette to recei Petition No. 7-1984. Seconded by Councilman Fitzpatrick. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public Works Director, stated a visiwas ode to Reserve Supply to investigate the noise problem. He stated Rese a supply has gone to a thrid shift from 10:00 p.m. to 6:30 a.m. in order load their delivery trucks for the next day. He stated Reserve Supply indicated they would talk to the\pe and fork lift operators to try and resolve this issue. Councilman Fitzpatrick asked if the persons signing on were notified as to what has transpired. -3- 5. Mr. Flora stated a letter was redeived today from Reserve Supp!try staff would notify them of what actions Reserve supply would be takinand reduce the noise level. Mayor Nee questioned if his night shift was necessary. Mr. F ed he was advised it is essential to meet their deliveries, as an increase in business which required a third shift. Councilman Fitzpatrick stated he talked to Steve Olson �f the City staff and it seems they are doing more loading in the front. / Mr. Flora stated it is hoped they can shift there Aeration so it isn't in the front, as well as to take other measures to ze the noise from the operation of the fork lifts. Mr. Flora stated bids were received andpend on August 14 for Phase II of the Moore Lake Restoration Project. stated only two bids were received and they were considerably higheran the engineer's estimate for the project. Mr. Flora stated the Environn received so it is requested project may be readvertised. MOTION by Councilman Schnei BIDDERS NAME Lamatti and Sons Park Construction Protection Agency requires three bids be ! bids be received and rejected so the to receive the bids. 5% 453,090.00 5% 453,981.00 Seconded by Council Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the tion carried unanimously. MOTION blCounc* man Schneider to reject the bids and direct staff to meet with the t to re-evaluate the project. Seconded by Councilman Barnettea voice vote, all voting aye, Mayor Nee declared the motion carrieduslv. Mr.Dave K echenmeister of Clean Flo Laboratories in Hopkins, Minnesota appeared fore the Council to offer an alternative to the City's project for the estoration of Moore Lake. He stated he felt their proposal should be con tiered because of the cost and demonstrated success they have had in other ovations. Mr. Kuechenmeister stated their program would cost about $78, 00 compared with $93,000 estimated by the engineer for the restoration of oore Lake. . Kuechenmeister stated some of the lakes they have restored are Laddie ke in Spring Lake Park and Willow Lake in Vadnais Heights. -4- 7. 7A. NOTION by Councilman Hamernik to set request for October 1, 198�Snd,voice vote, all voting a unanimously. public hearing on this rezoning J by Councilman Schneider. Upon a Nee declared the motion carried MOTION by Coun iceman Hamernik to receive the minutes of the Planning Commission ting of August 22, 1984. Seconded by Councilman Schneider. Upon a v ' ce vote, all voting aye, Mayor Nee declared the motion carried usly. MOTION by Councilman Schneider to adopt Resolution No. 99-1984. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee decl red the motion carried unanimously. a 9. MOTIONCouncilman Fitzpatrick to adopt Resol by Council Barnette. Upon a voice vote, declared the 'on carried unanimously. 10. 14o. 100-1984. Seconded voting aye, Mayor Nee NOTION by Councilman Sdhneide to pt Resolution No. 101-1984. Seconded by Councilman Hamernik. Upo voice vote, all voting aye, Mayor Nee declared the motion carried ly. 11.g SOILMION No. - E -CATION OF HEARING 0 -N P-PQPOSE NOTION by Counci Schneider to adopt Resolut' n No. 102-1984. Seconded by Councilman ernik. Upon a voice vote, voting aye, Mayor Nee declared the G ion carried unanimously. 12. Irby Councilman Barnette to adopt Resolution No. 1Q-1984. Seconded by ►oilman Schneider. Upon a voice vote, all voting aye, Mayor N66,,_ declared motion carried unanimously. -10- 5. 6. the City wants for the west basin of Moore Lake. She stated they did sign the petition as they felt there isn't a real. problem. Councilman Schneider stated he does not see the west side as any public use and would ask the residents what they wanted done. He stated thetition indicates they want the west basin to be enjoyed for cano ing and sailboating. Mr. Rawland Jacobson, 5851 W. Moore Lake Drive, stated he It the City should be looking at the entire lake and not just the east sin. He felt the problem of restoring Moore Lake involves the entire c unity and not just the persons living on The lake. He stated the lake been neglected for 20 years and after this amount of time, it will costo restore it. MOTION by Councilman Fitzpatrick to waiv the reading and approve the ordinance upon first reading. Seconded Councilman Barnette. upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously. MOTION by Councilman Barnette receive Petition No. 8-1984. Seconded by Councilman Hamernik. Upon a nice vote, all voting aye, Mayor Nee declared the motion carried unanimous v. Mayor Nee stated he woul ike to raise the issue of the legality of this petition. Mr. Herrick, City A torney, stated he was aware a petition might be submitted, and wool like an opportunity to review it and give a formal opinion by the ne Council meeting. Councilman Ba ette stated the Charter covers this question on how to proceed. Mr. Herric stated there is no question there is a procedure in the Garter, however, ' t is a matter whether the subject matter of the petition falls within �v� tis permitted in that type of initiative. MNIOIi by Councilman Schneider to direct the City Attorney to review the in iative petition for legality. Seconded by Councilman Fitzpatrick. n a voice vote, all voting aye, Mayor Nee declared the motion carried uianimously. MUTUAL AGREEMENT Donald W. Hanson/City of Fridley This agreement made and entered into this 13� day oQ ,1984 by and between Donald W. Hanson, hereinafter called the "Owner" and the City of Fridley, a Municipal Corporation of the State of Minnesota, hereinafter called the "City". WHEREAS, the Owner has requested and received City Council approval for a Lot Split of Lot 28, Auditor's Subdivision No. 129 and Outlot A, Jim Lund Estates Addition to allow a new residential building site. IN CONSIDERATION of this lot split approval, the City and the Owner, do hereby agree as follows: 1. The City shall construct half of a street extending West of the existing 732 Avenue to approximately the West line of said Lot 28. 2. The Owner agrees to pay all assessments relative to the utility and street extension. 3. The Owner shall be responsible for the maintenance and snow plowing activities of this street until which time the street is widened to City standards. 4. The City shall take over total maintenance of the street at the time the street is widened to City standards. IT IS MUTUALLY AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the property here described. This Instrument was Drafted by: City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 MUTUAL AGREEMENT Donald W. Hanson/City of Fridley Page 2 1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of , 1984. Wil Tiam J. Nee - Ma or City of Fridley (Seal) Nasim M. Qureshi - City Manager City of Fridley State of Minnesota) ) ss County of Anoka ) On this day of , 1984, before me, a Notary Public within and for said County, personally appeared William J. Nee and Nasim M. Qureshi, to me personally known, who being each by me duly sworn they did say that they are respectively the Mayor and the City Manager of the City of Fridley, the municipal corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said municipal corporation, and said William J. Nee and Nasim M. Qureshi acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public tT•c►u Donald W. Hanson - Owner State of Minnesota) ) ss County of Anoka ) On this /3 r� day ofs Z' , 1984, before me, a Notary Public within and for the County of Anoka dnd the State of Minnesota, personally appeared Donald W. Hanson, to me known to be the same person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. %WA'. CLYDE V. V..O RAVM EKM roeuc - 000160ta "o��Publ i c ANOKA COUNTY ftMW JW 07. NN 4. to about 50 cents per subscriber per month. Mayor Nee stated he understood Storer agreed to submitFCC form which was previously required to be sent to the FCC. Mr. gemer stated this report only shows gross revenues and is information 'ch the Council has in their possession. Councilman Hamernik stated Storer hadjindica `they felt Bloomington and St. Louis Park would respond favorablrequest for a rate increase in their cities. Mr. Wegemer stated he ope to have the actual reports from these cities by the end of this Mayor Nee asked that these reports om Bloomington and St. Louis Park be sent to the Council when they ar eceived. MOTION by Councilman Barnett o waive the second reading of Ordinance No. 816 and adopt it on the reading and order publication. Seconded by Councilman Fitzpatrick a roll call vote, Councilman Barnette, Councilman Fitzpatrick, �Urnzcirjlman Hamernik, and Mayor Nee all voted in favor of the motion. or Nee declared the motion carried unanimously. NEW BUSINESS• RECEIVIWG BUDGET AND SEUTING PUBLIC HEARING FOR SEPTEMBE 10, 1984: NARY I Mr. Qureshi ity Manager, stated the proposed 1985 budget is for $7,635,948 which re nts an increase of 3.79% over the 1984 budget. He stated it is a balan dget as required by the Charter. He stated, essentially, the mill ra ould probably retrain in the area of 14 - 15 mills. He stated the budget sn't provide for any increase or cutback in the level of City 9 by Councilman Fitzpatrick to receive the 1985 proposed budget and set ublic hearing for September 10, 1984. Seconded by Councilman Barnette. a voice vote, all voting aye, Mayor Nee declared the motion carried 5. :_fit•+_. V ►, y.! MINUTES TE OF EE PLANNIWG COMMISSION ME 1►. • 1 : • ; 5A. ODNSIDERATION OF LOT SPLIT R9&MT L. S.484-08 BY DON HANSON TO AL !: A NEW BUILDIM ITE AT � i►t Mr. Flora, Public Works Director, stated the request is to split off the lot facing Onondaga Street. He stated, in reviewing this lot split, it was found there were a number of other properties in the area that could possibly be split and staff looked at access should these splits occur. He stated this information was presented to the Planning Commission when they reviewed the lot split. Mr. Flora stated if the lot split is approved, it is recommended a 27 foot street and utility easement be provided in order to provide for an extension -6- 3. Ms. Gr, stated she only hopes Moore Lake will soon be saved before everyone goes br ke trying to save the lake. She stated since Moore Lake is in a redevelo ent area, tax increment monies should be used. Mayor Nee fated there is not a tax increment project in that area as it was deleted at a residents' request. Mr. Qureshi, 'ty Manager, stated only a small portion of the cost of this project is bei assessed to the property owners. He stated the City is also working on a second phase of the Moore Lake restoration and that will be funded out of parate funds. Ms. Gray asked ifere was sufficient drainage on the west side of the lake so it wouldn't halt hinder the progress in the east basin. Mayor Nee stated the fl will be from east to west because of the hydraulic engineering. Councilman Barnette stated a water from the west basin drains into the ditch by St. Philip's Church then to Rice Creek on the west side of Central Avenue. Mr. Flora explained the procedur s for the second phase of the restoration project which, basically, consi is of removing the weeds and placing a plastic type blanket on the bottomo improve the water quality through the removal of phosphorus in the water. He explained the plan f or a rock base near the shoreline and for upgrade g the beach and installation of an aerator system. No other persons in the audience spoke r\voti se assessments for this storm sewer project. Mayor Nee said that as nobody is objectiroposed assessments so the asessment hearing can be closed. MOTION by Councilman Barnette to close hearing. Seconded by Councilman Hamernik. Upon a voice vote,aye, Mayor Nee declared the motion carried unanimously and the pg closed at 8:22 p.m. Mr. Inman, City Clerk, stated from the financial informat' on provided, it was not possible to obtain a comparative total for the diff ent franchises. He questioned if it would be possible to receive detaileA data on each franchise and some depreciation material. Mr. Wegemer, representing Storer Cable, stated the City received verification from officers of the company that the figures pr ese ted were correct. He stated their losses in Bloomington are much less han in Fridley and an independent audit would cost about $25,000 which would amount -5- I. 5B. of 73 1/2. Mr. Flora stated the Planning Commission called for a public notice of this lot split and a number of persons came to the meeting to discuss it. Mr. Flora stated a neighboring property owner stated he may consider a split Pf his lot in the future. Mr. Flora stated the Planning Commission recommended approval of the lot split with nine stipulations, which he reviewed. Mr. Qureshi, City Manager, stated the problem is the property to the south is already developed and the possibility of getting right-of-way to serve any of the properties which may eventually split would, he felt, be extremely difficult. Mr. Qureshi stated because of this question regarding access for possible future development, he would suggest this item be tabled until the ward representative, Councilman Schneider, is present. MOTION by Councilman Fitzpatrick to table this item to the next regular meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Flora, Public Works Director, stated this is a request to co ruct a Mi Muffler Shop at 8080 University Avenue and the code requir a special use mit for an auto repair garage. Mr.Xement a zoning is correct d the proposal meets all code requir Mr. Flora st ed the Planning Commission rval of this special use perms with stipulations for a lannage plan, no outside storage, a five feet setback arog wherever possible. Mr. Qureshi, City Manager, t it would better to have more landscaping in some of the area designate or park' g. Mr. Taylor, the petitioner, stated at area would be where the drainage is located and would be bermed, eve he didn't object to eliminating several parking stalls for ad ional Ian caping. MOTION by Councilman Ham nik to concur with a recommendation of the Planning Commission and rant special use permit, SP #84-12, to allow a repair garage at 808OAiversity Avenue with the foll ng stipulations: (1) an approved,3egndscape plan with irrigation system; no outside storage; (3) ap oved drainage plan; and (4) any place on the ' lding that isn't an acs0s door be provided with a five foot curb to pr tect the building fpe6 parked cars. Seconded by Councilman Barnette. Upon voice -7- 5C. vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. I'aylok questioned where he would connect with the sewer system. He stated he ought at first he could connect with the manhole in the street, but finds t1lat he will probably not be able to do so. 34r. Paschke s ted when they were developing in the area, they rerouted the sanitary sewer system to the north so Mr. Taylor would have to go across the street to obtai these services. Mr. Flora, Publi Works Director, stated the City had a service in the middle of the str et which is no longer there and he understood the developer would pr We the service when this property was developed. Mayor Nee asked why a line was abandoned. Mr. Paschke stated it was abandoned because they 'dn't use it as the financial institution would not allow a sanitary sewer to underneath the buildings. Mr. Qureshi stated he felt is issue would have to be resolved at staff level and worked out with the proverty owners. Mr. Flora, Public Works Director, sta ed this is a request for a special use permit to allow for a parking lot and rage on R-1 property in conjunction with a seven unit townhouse develo nt to be constructed on adjacent property which is zoned R-3. Mr. Flora stated, in addition to this r est for a special use permit, there are also some variances requested 'n order to construct these townhouse units. Mr. Flora stated the Planning Commission rekommended approval of this special use permit with seven stipulations, whick he outlined. Mr. Flora stated, in conjunction with thethree riances requested, the Appeals Commission discussed the traffic issu and made a separate recommendation to Council that there be no parking o the north side of the 400 block of Hugo Street to accommodate parking. He ted these variances appear on the Council's agenda later in the meeting. MOTION by Councilman Fitzpatrick to concur with the reco endation of the Planning Commission and grant special use permit, SP #84-1 , to allow Lots 78 and 79, Block A. Riverview Heights, zoned R-1 to be use for a parking lot and garage in conjunction with a seven unit multiple lling at 441 Hugo Street, with the following stipulations: (1) the units b constructed of town -house design; (2) a drainage plan be approved by he City's Engineering Department; (3) an approved landscaping plan; (4) a 1 1/2 foot easement along East River Road; (5) a fire wall be constructed ong the east wall of the garage; (6) the exterior of the east garage wall of the -8- .