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SAV01-04 r - .♦ i CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Vacation of Street, Alley or Easement PROPERTY INFORMATION: - site plar� required for submittal, see attached Address: C> �f" cin ?_ ;-�;.__ �-� ;�_.='� i Property Identification Number: �� - 1 Leg�l Description: Lots�sa Block_� Tract/Addition Tn r►5 rurk 1�10�� " c��-t o►� Current Zoning: � 1 Square footage/acreage: _ Legal Description of Street, Alley or Easement to be Vacated: ;� � � �e � � � k • r - � , , Reason for Vacation: ' a C�CI ✓�- ' i� ' l Curre �,�cs�rne� -(-(�,-}- � 1 o�s b�- +n e,s �e-h�.ei� 5�� Have you operated a business in a city which required a business license? • Yes�� No If Yes, which city? =ri � rk > ��c��,. If Yes, what type of business? Was that license ever denied or revoked? Yes No .�.r.�...r.�.�.�.....�..�..�...r�r.�r�r r.�....r.�.r.�.r r....�....�.r..r 1+.�r......r.�r....�..�r.�....r r�.�.�..�.r r.�..�.....�.r�.......�..�....w..`.......�r�..v�. FEE OWNER INFORMATION (as it appears on the property title) (Contract p rchasers: Fge owners r�ust sign t�his form prior to processing) NAME: ADDRESS: �.S �' ,✓ �ac � DAYTIME PHONE: (oS"I —�3�-`��19! SIGNATURE/DATE: � , '�;-rlol ,, �VN�V�V�VN1V/r1V�r�V�rN�VAr/�r�r�V/rArwn�r�VN�V�V�V�VAr�V�V�VAr/�r/�rAr/�r/V�V�r�VNNtiNhr�Vti ��V1V�V �V /VN ":�1�I/I�I ,Ar K-y� PETITIONER INFORMATION , NAME: ►'Yc'S ADDRESS: .t :� rcc� l�'( ' � � DAYTIME PHONE: �01�-�7a3 -873� SIGNATU E - - � - ��.,.��.......��...,..,��.....,..,..,..,�..,��..,��....,...�..,��....,. FEES Fee: $250.00 " Application Number:S ��-� Receipt#:/ d3 Received By: Scheduled Planning Commission Date: 1'Y)�i� a, �� Scheduled City Council Date: ` 10 Day Application Complete No fication Date: 60 Day Date: � v c Cit f Fri I o d e Land Use y v A lica i n Pr pp t o ��ess 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial � 21-40 Days� 50-60 Days � � � � i i i Approved, Action Taken Letter � Application Complete � � ; 10 Day Notice � � ; ; � Tabled, 60 More Days Submit Complete Public Hearings: ; Application and Variance � Denied Materials Vacations � Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments �oning Amendments Wetland Replacements Comprehensive Plan Special Use Perrnits . � �� NfTLANO DEL/Nw�£AAAN BY ARL/G � � � £NNROAIMENTAL /NC. 11-16-9B �: Lots 5 � 6, B/xk 2, /nnsbruck North ?nd Addition, BENCNA/ARK = TUP NUT QF HYDRANT Moko County, MinnesoEa. NW CORNER OF EAST AND WEST DANUBE. ELEV.=978.B4 NGVD I�ER77CAL DATUM rw.wa.u�oa�.�mr �� . x � \ �� . � l i� �, �, � ��—, s _ �'� "'�� '^�`�� / �� `�� v�, °�`~ � � � � � � , �. � �/��,� -� �.� � /� �� ' � / � LO T 5 ,o / ,,�.,. ,3.00o sowRe �Er � / »z.�7,e -w» 3.0 F00T EASE►EM TO BE V,�CA �� ,o.o �' � / ,.,og,,,,,/ +.h� '�'� / � �atws �� LO T 6 ` y��-� ,`��°�' / NORTF, `' }i ,,.e,s souuee �Er \ 'cr �+► / 1�' / � / � ��► �� S.0/F007 PROPOSED EASEMENT ` � V�� o / �w � �• �.a � � ,5.0 �o a�� '� a �4 �� /'� � I ,^'�.v-�\�� GRAPHIC SCALE /�V �� r r s r � D'RAar S �.0 N (a�1 s wN a..r-�r . / �� rea- eo n V� / I�1� a3 ��• ��y �� /O K� � �♦ ►� a' o � � r+eoro�se o+e.an�aos r� uTiiin-r�R ro es vaea► n�. �w.�ti.o.►..y s �..e m th. .w,�n...e«y 10 (wt d lot S. 9xk 2, RNtS�tUCf( � NORTH 2ND ADOfI10N. Moko CouMy. NiM+eaoto. exeept the roAhwfterly 40 �ast ond evicept the aoulMoelay 10 fed thered. �'''°' � rRO1�ObiD DRAflNfIQi .41dD UTILITI'�b�"�tT TO Dt CiRtAT�D � v�vd�o� eoaaneM ra aoinoqs ona utSb w+v�es on. wx. ww... oee oeroes tl+e soulhw�slry 3 i�M d tM no.IMo.stMy t0!Nt ol Lot 6. Bbek 2. INrSBRUCK NpRfM 2N0 ADD(TION. Mwko County. M'nneaoto. 1 hereby cerfi/y thot tAis wrvey. plon or repart wos prepored by me w under my dFecf supervision ond thof I om � � � � �, � a dyly Reqistersd Lmd Surveyor under tne lows o► tAe State of Minnesota. � �.�.�,�� 9�8m 1.��oni avtrvuE r�. ERNES7 G. RUD CIRCLE PIN�S, MN. 5fimi4-362b Dote: q-d92��License No. 9808 T�I.16�-1ab-5656 �ex 163-'tab-b@J0l ��, r � . r� 1��1, e �-.� " yw ,.H,��ty� � `t ♦ x� y.. / �_'7^.�h -p s: . A�' ,i �g1�}�' '�i�� yF',t .� 7�:� � �f� �. 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'�t � j'� 'R�,3 1.��.:.C'+ ,,.m-"y ! � .+ �`� , � - i . -1 ��"�' ' ' ' - � � :�. . . � i' W � ,'N i y•-�^'� �•t�-4-: __--�_ PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, May 2, 2001, at 7 :30 p.m. for ' the purpose of : Consideration of a Vacation, SAV #O1-04 , by Forrest Harstad, for the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement, generally located at 5490 East Danube Road, the legal description for both is as follows : Proposed Drainage and Utility Easement to be Vacated: The northeasterly five feet of the southwesterly 10 feet of Lot 5, Block 2 , INNSBRUCK NORTH 2ND ADDITION. Anoka County, Minnesota, except the northwesterly 40 feet and except the southeasterly 10 feet thereof . Proposed Drainage and Utility Easement to be Created (Rededicated) : A perpetual easement for drainage and utility purposes on, over, under, and across the southwesterly five feet of the northeasterly 10 feet of Lot 6, Block 2 , INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Paul Bolin, Planning Coordinator at 763-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 26, 2001 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: April 19, 2001 April 26, 2001 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 5490 East Danube Road. CASE NUMBER: Vacation, SAV #01-04 APPLICANT: Forrest Harstad Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: For the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement. LOCATION OF 5490 East Danube Road PROPERTY AND LEGAL Proposed Drainage and Utility Easement to be Vacated: DESCRIPTION: The northeasterly five feet of the southwesterly 10 feet of Lot 5, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota, except the northwesterly 40 feet and except the southeasterly 10 feet thereof. Proposed Drainage and Utility Easement to be Created (Rededicated): A perpetual easement for drainage and utility purposes on, over, under, and across the southwesterly five feet of the northeasterly 10 feet of Lot 6, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. DATE AND TIME OF Planning Commission Meeting: HEARING; Wednesday, May 2, 2001, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEAR/NG: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Paul Bolin, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than April 26, 2001. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Bulthuis, Planner, at 763-572-3595. Publish: April 19, 2001 April 26, 2001 �� c;t of Cit of Fridley ,�� y y �� Fr�d�ey Publ ic Heari ng Notice , , ,. , . � � �- - - � � , �� _ �� -�� r �� ,, _- � _- � , � ��--- � , ��< - � � �� l , �� - I _ - � - = -- ��,;; - -- � _, ' _- , ,, � � - � �, _ , . � \,,,_ t� � �� , , _ _ ____- �s � � �� " , _ �--- �' S�8 � � � � 5:l�4 ' % � � � ___ � ---- � �''� 5�5 � , % � 5�4 �1 5�8 , — � _ _ _1 ; - �1� --- � � ; -- -- — ' Sf/�5 _ _ / - 5'�48 � �� 5'.��`4 � �5�7 -z --- � � , _ -- _ _ - _ 55�8 ; , 55I,�5 5�4 !CJ 5�7 r ' --a �� - _ � 5'32�5 55�8 � 5'�5 �' S�7 ` ---- _. � � � 59'fl 5962� I 5301 �` 55I�7 L- � �+ - ; —-- _-- � S�5 5�8 � � -5+�5 '� / 5t�97 - - —�_—, -- � �-- ---i _ � lil---- O 5�5 '; 5�8 �'� 5��77 _ > � I--- � � � � ��, �� ` � i I - � �� '� � � . , ��4. � � � �1�1 � � � - � '�. 11+R�15 1�7 _�� „� .� I I � '� � � � , — -__ _ ; � _ 140�✓ ' , � �� -- � � � _ �: 1408 i�0/ � -''� l \� .� - 1 � _r _ , , , __ . � _ _ _ , - m, . � _��_�� _ �� 6g4 _--_ _ _ , __- � i , ;_ ,, . , _ _ __ ��- 1 , -- - -� __ � � � � '_ - _ _ - � �� i �—' i —�� — � i ---- I __ . , R-1 -One Family Units � - � fv�1 -Light Industrial N Sources: Q e •� R-2 -Two Family Units � N�2 -Heavy Industrial /, Fridley Planning � R3 -General Multiple Units � r�n-s -andoor imens��e Hea�y i�dust�ai �.\, Fridley GIS Z �= R� -Mobile Fbrrie Parks � M-4 -A�nuFacturing Only , Anoka County GIS W �W -Planned Unit Developrnent e,_;.> P -Public Fadlities SAV#01-V�F ��un Assessi -Hyde Park Neighborhoods <:� RR -Railroads � � S2 -Redevelopment District � ., S-3 -Heavy Ind,�,�y�,�t��, N Street Centerlines 54.gp East Danube Rd. W �,,._:; G1 -Local Business , Lot/Parcel Boundaries a G2 -General Business �` , Water F�tures Forrest Harstad � G3 -General Shopping � ; RigMof-Way � GR1-General Office ERICKSON RICHARD B & SANDRA K KITLINSKI MICHAEL J & B J OTREMBA EDWARD J & OLETTE C 5525 MATTERHORN DR NE 5511 MATTERHORN DR NE 5567 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FREEBURG PATRICIA R JUNGQUIST JEROME K ZOWNIROWYCZ ROMAN & LESIA 5557 E DANUBE RD NE 5547 E DANUBE RD NE 5527 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SMITH JEAN M MENON CHRISTOPHER & KOREEN SCHULTE DAVID E & KATHRYN C 5584 E DANUBE RD NE 5564 E DANUBE RD NE 5554 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BLAKE DAVID M & DARLENE M LOMEN CORDELL E & KOETHE P L ULRICH DAVID B &ANN T 5544 E DANUBE RD NE 5501 W DANUBE RD NE 5505 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SCHULTZ NORMAN L & KAREN M LINDSTROM VIRGIL W & KAREN OLSON CHARLES N & CHRISTINE 5535 W DANUBE RD NE 5555 W DANUBE RD NE 5575 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MALARK RAYMOND TERESA M KEIM MARILEE M WILLIAMS SUSAN K 5595 W DANUBE RD NE 5588 W DANUBE RD NE 5568 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 LEMKE DENNIS F & BARBARA J RUMMEL CONRAD J & MARY KAY STEPPE BRYAN W & JANET L 5548 W DANUBE RD NE 5538 W DANUBE RD NE 5528 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 MACKENTHUN STEVE & SANDRA FUERSTENBERG E W & J M CUR N SIDENT 5502 W DANUBE RD NE 5505 MATTERHORN DR NE 1510 NSBRUCK�JJI� E FRIDLEY,MN 55432 FRIDLEY,MN 55421 FRI tEY, N 55432 FRIDLEY CITY OF SCHROEDER RICHARD F & G A B CURRENT RESIDENT 6431 UNIVERSITY AVE NE 5497 DANUBE RD E 5497 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 BREITBARTH KARL D & NYE R A HERDENDORT BOYD G & MEGAN F OLSEN D R,P A & HUME M E 5477 E DANUBE RD NE 5467 E DANUBE RD NE 5457 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 SWORSKY RICHARD G & C M MANGALICK AMIR-CHAND & S HOLLY MICHAEL A & MARY E 1411 W DANUBE RD NE 1415 W DANUBE RD NE 1417 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 DAHER MICHAEL D & LINDA S LINDSTROM THOMAS N & LINDA J GONSALVES ALEXANDER P & S M 1410 W DANUBE RD NE 1408 W DANUBE RD NE 1406 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 TAYLOR TIMOTHY S & JILL M PETERSON MERLE D & GAYLE R HARMON ROGER C & DEBORAH A 1404 W DANUBE RD NE 5495 W DANUBE RD NE 5498 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 OLDS JEANNIE L TRUSTEE 5468 W DANUBE RD NE FRIDLEY,MN 55432 ,:�� --� �, ...�.� �, ;�.` r., _ � , 1 � ,;�' � r � .4 �-r ' y� +. _ *��f � , ,.` �,. ��°1:'_•rr' � ��```-�,.�� '"�►r.�',�!�a�'�„ .�: , � '.�+ - ��,;�;�� -�, . � ��''-;� ��.; ,' ' =�� .v, ,�: � • ,_t'"�- �j'.��►t`yr �'.`":b� . ,,'�` - . . ... .:;��4`yyw � . � ;�.� ' _y :,`� '�Y�+f�ti . � r `�`"!.R' �;�; � k� � ° . �� '� � ' �,�,;� � �`�,-.*TM'�;. ` ` " ��lt+r` , �; ,�+, �� -_ � � � . �:. �. �y�.y... 1� ' Y _y�, `. i�r� k. � .. . . . �,. . .,. . ..� r, ��V � �, � � � � � �� C 1� • \\ l, r,., � � � � C�� . 1 �. � � � �� _�� ,-,� � � , �� t�� .��,� ,- �+----� M /,�.. , r� ,� n � , 'r Xe � � 1 � ' �Jli/. �� _,'Yr..'•,nr�ye"�� ''y�b� I � �. . ./' + P� �` �. f 'r s�, �' +.. y`""4. � b � �� ' ��j � .., �� `,� �.� ' �� ,.� -� , ---��'"`�.�..� ; ��J� \ � � � � � � � � � �� ' u � C� � \ --�J � � �� 3 U _�\� � �� \/J � / r' � \ \��¢ � a �.•. �\(� 7.� t � �� f� r �� rt � T: �, y �.. 1 �, � t �b� `.�..- � ;r:ka� ��'s � �, -c' a"�` �k`.- '�� z/ ' -� �� `` Y^�,��!. 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' . ti � . � � F � _ ,� ,• r) � � � ''' � '' �y'�„ . 1 v� d r �r��. �� ' f� _" r ' r� � •.�,,;_'. ; <,r �� ^ a � ,� � , � . - � .r � / I i1 + �J "� �i. , �; �� 1�� t t� ''' ` � � '� �; � p ��1 ��`r�J� �� .� � + ' �, _;, ;i �, ,,. >Ir � f ;�� i°> , ' ` � �� ' 'k `I� r '° M 9. ��'1 �J, I � �. j �, , ` �y�,��f � I �� _g� � ' � +' ^t�,��'��M j � •� �,�;� �� Y � � I �� r, '��FF.,u ..�� t_ �:� tr" � � �.�.��_� 1 � Forrest Harstad literally grew up in the new home business. Born in 1956 to real estate developers �� Keith and Diane Harstad, ' xk he first worked at new home construction sites while only a youngster in grade school. �' �_' �;� E Y�I„ m �� In high school he drew his first house designs �� °� ' and he worked summers as a carpenter. In 1975 he became a licensed Realtor Over the years,Fonest has developed and pursued art and design interests. four firm,basi�polioies: Set up a proper level of expectation; Deliver what's promised; Strive to better lives; After college, Forrest built a successful And make it fun. block-and-cement construction business during weekdays Today Forrest is the founder, and sold new homes on weekends. owner and president of Better Living Homes, Inc. -luxury priced custom design and build service- During those years he also trained and under his uncle, an engineer in Twin City Townhomes, Inc. the custom home building business. -value priced construction and development- This afforded Forrest hands-on apprenticeship at each and every aspect Better Living Homes' mission is to help design of new home construction and build your new custom dream home under a very practical builder to enhance the interaction and happiness who had an eye for detail of your family's home-life -for better living. and craftsmanship. Twin City Townhomes' mission is to Soon his design background had him carefully craft the nicest neighborhoods of working intimately with his new home the best designed, highest quality, roomiest buyers on their personalized townhomes available in the value price range custom home designs. -for ma�mum return on your investment of your time as well as your money, in your own new care-free lifestyle home. In 1980 he started building on his own and In other words, TCT's mission is to build you has since custom designed and/or built The Best Townhome Investment Out There! award-winning homes of all styles from 3-story Victorians to Twin City Townhomes has become one of the original Contemporary Ramblers. highest volume home builders in Minnesota. r -�� -- � � �- � � � -��-- His commitment to his customers, his insight to their design needs, and his background in service and craftsmanship has earned Forrest his customers' respect, friendship, and loyalty -a rarity in today's business world. TESTIMONIALS : "Beginning with our first meeting, we were consistently impressed with your uncanny ability to translate and understand our desires!" -L.L. Providing quality in both design and construction was critical in our decision to build with Harstad. Thank you for a beautiful design." -B.B. "We highly recomrnend you as a designer and builder." -A.B. "We appreciated the meticulous workmanship and attention to details." -R.B. "Building our home was a fantastic experience. Thanks to you we are living in our dream house!" -L.L. "It is an exceptional person and company that provides such continued service!" -D.M. "I want you to know how happy we are that we chose you to build our new home." -C.N. "Kay and I were both elated to find your manner and professionalism so relaxed and comfortable." -J.M. "You have all been easy to work with and have made building a fun experience." -G.B. Town.homes by Harstad Quczlity�"Design Since 'S9 (651 ) 22 � - 9 � � 0 24 hr info We design and build whole neighborhoods of value-priced townhomes of custom quality. By value-priced, we mean the lowest prices possible withouC campromising lasting resale value. � We concentrate on neighborhood, design and room layout to give you the most townhome for your money. -�� , ��,� � €�m �� * � � g dw � � � �� - � xo > �'�. � .-"'�t. �, � � Twin City Townhomes, Better Living Homes and Forrest Harstad Realty are owned by their founder and president, Forrest Harstad, a Licensed Builder and Real Estate Broker who has been in the new home business since the mid seventies, and who comes from a family in the profession before him. Our Mission is to carefully craft the nicest neighborhoods of the best designed,highest quality, roomiest townhomes available in the value price range � -for maximum return on investment of your time as well as your money in your own new care-free-lifestyle home! In other words, our mission is to build you ... The Best Townhome Investment Out There! Call (651) 220-9000 to hear about models and new neighborhoods 24-hour info- Try right now! Whv are our townhomes a better investment than our competitors'? Because we deliver per dollar, • roomier rooms -with well-placed windows and doors for full size furniture layouts • in better floor plans, -carefully designed for happier home-life and cost-efficient construction • with extra space -like high ceilings, high windows, nooks, wide stairs, 2-car garages ... • and extra storage, -where ever most cost effective; big closets,pantries, attics,basements! And because we use: � excellent quality windows, siding, heating,plumbing and electric -to last longer; � excellent quality trim carpentry -for beautiful trim fit and �nish; • energy efficient furnaces, air conditioners, and gas water heaters -for conservation of our planet's natural resources as well as your own utilities budget; � maintenance-free exteriors -for better use of your time as well as money; � open, sunny designs with heating & plumbing layout designed for efficiency right from the start -for healthier,happier living and value engineering; • quality control inspections,inspections, inspections -for certified quality and a constant eye on improving construction and value; • professionally managed homeowners associations, -for a care-free lifestyle: no mowing,no shoveling,no painting! Thus: Because of these value engineering designs and measures, we are able to deliver the most return for the least investment of both your time as well as your money in your own new value-priced townhome -that is, spent on buying it in the first place and on owning it from then on. » In addition, « with the baby boomers aging and their children coming of age, demand for care-free living (no mowing, no shoveling, no painting) and demand for value-priced, easiest-to-resell townhomes is only going up,up, up. All the above adds up to resale value. (And our resale prices prove it!) That's why our townhomes are a better investment than our competitors'! Townhomes by Harstad The Best Townhome Investment Out There! , .�-- scon �. Hic�oK � Planning Coordinator � _ _ ' Municipal Center CfT/OC 6a�t Unrvers�ty Avenue Northeast FRIDLEY Fridley, MN SSa32 Cl�O f � 6US. (612) 572-3599 F�pL� FAX (612) 571-1287 ni�koks 41 ci.f ritlley.mn.us FRIDI.EY �ll:�ICIP.aL CE`�TER • 6-1�l U�fVERSITY .-�VE. v.E. FR[DLEY. �iv 5�-�i? •(bl'_)�71-3-��0• FAX (61'_) �71-t'_�7 October 24 , 1995 Daul Harstad Harstad Companies 2191 Silver Lake Road New Brighton, IrIN 55112 .� ,�•� . �,.i„-�-��'.._`�:,-�:.. Subject: Lots 5 and 6, Block 2 , Innsbruck Park North 2nd Addition; 5470 and 5490 East Danube Road N.E. , Fridley, Minnesota Dear Mr. Harstad: This is to summarize the City's position regarding issuance of a building permit on the above-referenced lots. The City will issue a building permit upon submission, review, and approva� of the following documents: 1. Submission of a hvdroloQic analvsis identifvina the impacts to adiacent properties of the construction of a sinctle familY detached dwellinq on Lot 5. The purpose of the study is to determine if there will be adverse impacts to surrounding properties from the construction of a dwelling on the property. Two reports of a high water table and increased flooding have been received from- owners of the prooerties at 5535 and 5505 West Danube Road N.E. Another report of increased runoff was also reported by the owi,a� �i �� the property at 5477 East Danube Road N.E. The analysis ��" must be completed by a certified hydrologist If adverse impacts are ident i f ied, appropriate means to el minate _ �i�{,�=v impacts must be identified and implemente . � v 2 . Completion of soil borinqs and submission of soil borinQ reports. The report must analyze the suitability of the soil and fill below t,Y�"� 100 foot elevation and above the 100 foot elevation as indicated on the grading plan submitted April 1994. If determined appropriate by the City, existing fill above the 100 foot elevation may have to be removed and may be a stipulation of permit approval. -�...�. Paul Harstad October 24, 1995 Page 2 3 . Lots 5 and 6 shall be combined for tax t�urposes into one tax parcel . Further, the areas on Lot 6 identified on the attached plan shall be excavated 4 . The developer shall meet with surroundinq owners and review the results of the studies in #1 and #2 . State Building Code Chapter 1305. 0106 Section 106, Permits, refers to Section 106. 3 . 2 of the Uniform Building Code which reads: "Plans, specifications, engineerinq calculations, diagrams, soil investigation reports, special inspection and structural observation programs, and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. " Further, Chapters 18 and 33 of the UBC provide the City with the authority to require any necessary tests to insure that the soil and site gevlogy are appropriate for construction. The City has the authority to require the analysis described in Items #1 and #2 . If you have any questions, please feel free to contact me at 572- 3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw C-95-264 cc: Ron Julkowski, Chief Building Official William Burns, City Manager . Virgil Herrick, City Attorney Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant � . • � City of Fridley MEMORANDUM TO: Paul Bolin, Planning Coordinator PWO1-037 , �� FROM: Jon H. Haukaas, Public Works Director DATE: Apri127, 2001 SUBJECT: Relocation of Easement - East Danube Road I have reviewed the Lot Survey of Lots 5 & 6, Innsbruck North 2nd Addition for Forrest Harstad in regards to the relocation of the drainage easement between these two said lots. It is in the best interest of the City to have the easement centered over the existing storm line and structure for ease of any possible future maintenance. Recommend approval of the vacation and rededication of drainage and utility easements between Lots 5 & 6, Innsbruck North 2nd Addition. JHH:cz i-- - --- - -, TOWNHOMES BY HARSTAD 'IVv�rr CI�r Towrrxo�s� Ixc. BETTER LIVING HOMES, INC. Fax Tra n s m i t ta i Fo r m FxoM= FORREST HA,RSTAD PRESIDENT AND CEO To � (��' 0 �r i Namea � Direct Dial (651) 255-9001 Organizatio e/Dept Pl�one number: Phone: 651-255-9000 Fax number: Fax: 651-255-9030 � q 3,�� _��g'� � Urgent ,Ji/� p 'y" �� Date sent: ❑ For Review � �'N Time sent� ❑ Plcase Coinment � ❑ Please Reply Number af pages including cover pa e: Message: au�(:- � . �� (;��y�� r � �� f d� � �o�� a�� m � ��'� . � -e�e,�- �� t� ` �� nr� � �� n� � �� . 9aa� ° � - �-s (0 5 Townhomes By Harstad 2I97 Silver Lake Road � New Brighton,MN 55112 �� ' Phone:651-255 9000 �y � Fax:b51•255•9030 . 0zi T 0'd 80SS 9�9 i S9 '�N I `S3WOHNf�01 Jll I� N I(�l 9Z:S I ti 00Z—LZ-21dti ANTICIPATED DRAINAGE EFFECTS OF PROPOSED HOUSE AT 5470 EAST DANUBE ROAD,FRIDLEY,MiY 7��QI Prepazed for: Twin City Townhomes, Inc. Prepared by: Te�d W. Mattke,Ph.D,, P.E. ��Epu3W+tEEwNG,INC. Mattke Engineering, Inc. 7Wt CENTRAL AVE. �.E. July 14, 1999 �� 12)783-0300 Background: The above site, Lot9 5 and 6, Block 2, INNSBRUCK PARK NORTH 2ND ADDITION are owned by Harstad Companies. In 1995,Harstad Companics was in the process of applying for a permit to construct a single farruly home on tiie above two lots. Corraspondence with thc City of Fridley indicated that a hydrologic enalysis would be required, to identiFy the impacts to adjacent properties&om coastruction of the single family home. This study was made to determine arry such impacts. � Methods: The City of Fridley was contacted to get copies of storm sewer plans in the area. There is no City Watershed Management Plan in this area, so drainage areas were determined in the field visually, and located on a half-section map. Stormwater ponding areas were determined from an ae�ial � photo. The resulting drainage map is shown graphically in Figure 1. Exisring drainage and ponding areas were approximated, and stage-dischargc relations were developed for the pond outlets. The results were then entered into the HEC-1 hydcology modcl. Input data and the resuhs are shown in Figure 2. � Finally, a 4000 square foot impervious area is added to the location of the proposed house ia the HEC-1 model. The input data and results are shown in Figure 3. Analysis of Results: The effect of adding 4000 SF of impervious area to Areas 3 &4 is to increase the SCS curvc number from 70 to 74.7. This results in a more rapid runoff into Pond 4 than existing, and the quantity of water is also increased. The impact of this additionat runoff is to increase the peak flood elevation ofPond 4 from 858.28 to 858.30, i.e. 1/4 inch in a 10-yeat flood event(an event that occurs on the average, only once in ten years.) The resulting stage in Pond 4 would be approximately 0.9 feet(11 inches)above the invert of the 21" outlet pipe(i.e. the pipe would be about 1/2 full at peak discharge during a 10.year event.) � At the time of the study, water in Pond 2 was approximately 0.2 feet below the ouilet elevation. ' As properties at 5535 and 5505 West Danube were noted as complaining about high water table and increased flooding, their rear yards were inspected. It was found that an outlet pipe&om undcr West Danube drains between the houses, and then empties into a ditch that iuns into Pond 0ZiZ0'd 80SS 9�9 �S9 '�N I `S3WOHN�101 .11 I� N I f�l LZ:Z Z T 00Z-LZ-�ldti 4. The pond was about 2 feet below the outlet pipe, and about 3 feet below their yards, so flooding of their yards is noi expected, either now or after the proposed home is constructed. As � the outlet from Pond 4 is oversized, time of storage in the pond after an event would not change significantly, aad the effect of slightly increased(i.e. less than an inch)peak pond stages would have negligible effect on the water table elev$tion at their homes. Consequently there would be no noticeabte drainage impact on these homes from construction of the praposed lwme. Another home, 5477 F.�st Danube also complained about increased runoi� so that home was investigated. It was noted that th�outlet pipe from Pond 4 runs along the north properiy tine of this property and empties into a large(approximately 10 acres)wetland ponding area to the East. Ftood stages in Pond 4 do not affect this horne. Because of the storage in Pond 4, discharge r$tes to the large wetland area would also not be measurably affected. The quantity ofrunoffwould increase, as a result of the home,by approxim$tely 900 cf in a 10.yeac event. Thi,additional runoff would partially soak into the ground, and partially flow through the pipe into the large wetland to the East. If all of the increased runoff reached the large wetland, we would expect an increase in stage of approximately 0.002 feei(1/50 of an inch.) Consequendy the proposed houso will have no noticeable drainage impact on this hause. There are other homes around Poad 4, and it is expected that the proposed home will have no significant drainage impact on any of them. It should be noted that there appear to be drainage problems in the rear yards located north of Pond 4 that are unrelated to Pond 4. Weter ponds in the rear of Lots 2 and 3, Block 2, INNSBRUCK NORTH 2ND ADDITION, with no outlet. This drainage problem will be unaffected by the proposed home. Co,nclusion: The proposed home will neither cause, nor exacerbate any drainage problems for the neighborhood. I hereby certify that this swdy was prepared by me or under my direct supetvision, and that I sm a -. duly Registered Professional Engineer under the laws of the State of Minnesota. �� w� �'1� Date: 7 !y 9 Tedd W. Mattke, Ph.D., P.E. MN P.E. Reg. # 15612 bY►1Ti�ffNt31NLEAUVt�.wC. 7i71 C€NTRAL AVE. N.E FRIQL�Y, I�API 554.'�2 �a12) 783-0340 0Zi�0'd 80SS 9�9 tiS9 '�NI `S�WOHNf�01 AlI� NIf�l Lz:TZ T00Z-LZ-2ldd _ __ i � i APR-27-2001 11�27 T�IN CITY TOWNHOMES, INC. 651 636 5508 P.04i20 . �J �7 bh9 �� ' Y v��r.,,��y i p�YV ��v d'1.Z9/y ��d 7 � � � t�'ls ��, r f �` � � � 7 5�93�1 f yy yt � � . d � . �,•v� � �"� 3 r�'� � �' 1 x' � �i4 �,y��! � rn h . a o� ,,'''" i a. A p ;t �m Z �s;u� l ; � ss�� 1 fi � . Z � ��6 � z tt � s S � � � � N 1 APR-27-2001 11�28 TWIN CITY TOWNHOMES� INC. 651 636 550B P.05i20 . 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TYPB II SCS R�IYF�ILL - SIlNB AS T�t-20 R,IIIPaLL 9 KO * 1.2' �11INPAL6 Ill Z4 BOORS 5 R11IflFL 7 0.1 1�H[tII t . 10 Iil 6 � gNTBR TYPB II RlI2lFllLL 11 PC 0.000 0.001 0.002 0.003 0.001 0.005 0.006 0.007 0.008 0.009 12 PC 0.010 0.011 0.012 0.013 0.01{ 0.015 0.016 0.01? 0.018 0.019 13 PC 0.020 0.021 0.022 0.023 0.024 0.026 0.027 0.028 0.029 0.030 1� PC 0.03I 0.032 0.034 0.035 0.036 0.037 0.038 0.010 0.011 0.0�2 15 PC 0.043 0.0/5 0.0�6 0.017 0.0�9 0.050 0.051 0.053 0.05� 0.055 16 PC 0�057 0.058 0.060 0.061 0.063 0.061 0.066 O.Q67 0.069 0.0�0 17 FC 0.0�2 0.074 0.0T5 0.077 0.079 0.080 0.082 0.084 0.085 0.087 18 PC 0.089 0.091 0.093 0.095 0.097 0.140 0.103 O.lOb 0.109 0.112 19 PC 0.115 0.118 0.121 0.124 0.127 0.130 0.134 0.137 Q.1�0 0.111 ZO PC 0.148 0.151 0.155 0.159 0.163 0.167 0.171 0.176 0.180 0.185 21 PC 0.189 0.19/ 0.199 0.205 0.110 0.216 0.222 0.228 0.235 0.212 22 PC 0.250 0.258 0.266 0.276 0.287 0.298 0.312 0.328 0.363 0.116 23 PC 0.500 0.584 0.638 0.673 0.689 0.702 0.714 0.725 0.731 0.7�3 � 24 PC 0.751 0.758 0.766 0.772 0.779 0.785 0.794 0�796 0.801 0.806 25 PC 0.8ll 0.816 0.822 0.825 0.829 0.83� 0.838 0�8�2 0.845 0.849 26 PC 0.853 0.857 0.860 0.864 0.867 0.870 0.874 0.879 0.880 0.883 27 PC 0.886 0.889 0.89Z 0.895 0.898 0.900 0.903 0.906 0.908 0.910 28 PC 0.911 0.913 0.9�5 0.917 0.919 0.920 0.922 0.921 0.925 0.927 29 PC 0.929 0.930 0.932 0.933 0.935 0.936 0.938 0.939 0.912 0.912 30 PC 0.911 0.945 0.916 0.918 0.919 0.951 0.952 0.953 0.955 0.956 3I PC 0.957 0.958 0.960 0.961 0.962 0.963 0.965 0.%6 0.967 0.968 32 FC 0.969 0.971 0.972 0.973 0.974 0,9�5 0.976 0.979 0,978 0.979 33 PC 0.981 0.982 0.983 0.984 0.985 0.986 0.987 0.988 0.989 0.990 3� PC 0.991 0.992 0.993 0.991 0.995 0,996 0.997 0.998 0.999 1.000 35 PC 1.000 1.000 2.000 1.000 1.000 � B11SIb flYDROLOGIC P7lRUIBTBRS i li0q'B3: 1) �R811 IS BYPRBSS&D Ili SQ011R8 EQLBS Ob B� CARD + 2) OD CaRD BSP�OR'PS H1lSIli L1G, L�.6tTc, BXPBBSS� Ill H0083 � 36 LS 0 70 * 37 OD .15 38 IIX PondZ0utlet for Pond 2 • 39 RS 1 10 SA �48 .50 . .52 .54 41 S6 859.92 860.92 86I.92 862.92 �2 SQ 0 2.8 5,5 6.0 t eZi90'd 80SS 9�9 T S9 '�N I `S3WOHNf�01 J,l I� N I�11 8Z:Z� ti00Z-LZ-�ldti e�c-i za�ar pus z LI11B ID.......I.......2.......3.......1.......5.......6.......7.......8.......9......10 �3 pt LaqPipe routiaq to Pond 4 • 41 10s Pipe Syste� betvean 1-2 and 3-4 45 BT 0 3 1 t �6 KR �rea/Drainage Areas 3 i 1 ' 47 lQ! 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TYPE II SCS R,IIiFALL - SJ�}IB �S TR-20 RIIIIfPdLL 9 RO * {.2' RlID1F1LL III 21 HOQRS 5 RAI�iFL 7 0.1 24�II t 10 Ili 6 * BBTER lYPE II RbIHFIILL 11 PC 4.000 � 0.001 0.002 0.003 0.004 0.005 0.006 0.007 0.008 0.009 12 PC 0.010 0.011 0.012 0.013 0.014 0.015 0.016 0.017 O.O1B 0.019 13 PC 0.020 0.021 0.022 0.023 0.024 0,026 0.027 0.028 0.029 0.030 11 PC 0.031 0.032 0.031 0.035 0.036 0�037 0.038 0.0�0 0.041 O.O�Z 15 PC 0.043 0.015 0.016 0.047 0.019 0.050 0.051 0.053 0.054 0.055 16 PC 0.057 0.058 0.060 0.061 0.063 0,064 0.066 0.067 0.069 0.070 1T PC 0.072 0.071 0.075 0.077 0.079 0.080 0.082 0.08� 0.085 0.087 18 PC 0.089 0.091 0.093 0.095 0.09T 0.100 0.103 O.1Q6 0.109 0.112 19 PC 4.115 0.118 0.121 0.124 U.127 6.130 0.13� 0.137 0,140 0.1�� 20 PC 0.148 0.151 0.155 0.159 0.163 0.167 0.171 0.176 0.180 0.285 21 PC 0.189 0.194 0.199 0.105 0.210 0.216 0.222 0.228 0.235 0.2�2 22 PC 0.250 0.2�8 0.266 0.276 �.287 �.298 0.312 0.328 0.363 0.116 23 PC 0.500 0.584 0.638 0.673 0.689 0.702 0,714 0.725 0.73� 0.743 21 PC 0.751 0.758 0.766 0.772 0.779 0.785 0.790 0.796 0.801 0.806 25 PC 0.811 0.816 0.821 0.825 0.829 0.834 0.838 0.812 0.8�5 0.849 26 PC 0.853 0.857 0.860 0.864 0.867 0.870 0�874 0.877 0.880 0.883 27 PC 0�886 0.889 0.892 0.895 0.898 0.900 0.903 0.906 0.908 0.910 28 PC 0.911 0.913 0,9I5 0.917 0.919 0.920 0.922 0.924 0.925 0.927 29 PC 0.929 0.930 0.932 0.933 0.935 0.936 0.938 0.939 0.911 0.9�2 30 PC 0.914 0.9/5 0.946 0.9l8 0.949 0.951 0.952 0.953 0.955 0.956 31 PC 0.957 0.958 0.960 0.961 0.962 0.963 �.965 0.966 0.967 0.968 32 PC 0.969 0.971 0.972 0,973 0.974 0.975 0�976 0.977 0.978 0.979 33 PC 0.981 0.982 0.983 0.984 0.985 0.986 0.987 0.988 0.989 0.990 3� PC 0.99I 0.992 0.993 0.99� 0.995 0.996 0.997 0.998 0.999 1.000 35 PC 1.000 1.000 1.000 1.000 1.000 t BASI11 HYDROLOGIC PARAN$7BRS + li0?ffi: 1) 71R�11 IS 87(PRBSSBD I�( SQOARB 1QLBS OH B� CdRD + 2) DD CARD RBF�OR'tS B11SIll WG, tr0.6kTc, BXPR$S�SBD I21 HWRS 36 LS 0 70 r � 3? DD .15 . 38 I(R Pond20utlet for Poad 2 39 ➢S 1 • 10 SA .18 .50 .52 .54 42 SB 859.92 860.92 861.92 862.9Z 42 SQ 0 2.8 5.5 6.0 t 0Zi60'd 80SS 9�9 i S9 '�N I `S�WOHN�101 J,l I� N I f�l 8Z:j S j 00z-Lz-2ldd H&C'1 I11P0? P1G8 Z .• LIN6 ID.......1.......2.......3.......1.......5.......6...�...7.......8.......9......10 43 ac LaqPipe routing to Pond � 44 !01 Pipe S�►ste� betreen 1-2 and 3-4 45 aT 0 3 1 t �6 l4( uea4Drainage Jlreas 3 i 4 17 A� llred 4.1 IlCtes, C1f=�0.7, fC�15 �initt�es 48 Ba .00687 0 1 {9 IS 0 70.� i 50 R( Co�blCo�bine 6ydroqraphs 51 !QI Co�biiw Aunoff 9ydroqraph v/ Pipe Hydrograpd 52 8C 2 � 53 RK Pond�Route tbrouqh Pbad 4 54 tOl pond Routing 55 RS 1 56 S� .37 .39 .I1 .43 . 57 SB 857.62 858.62 859.62 860.62 58 SQ 0 3.5 8.5 12.5 59 ZZ � 0zi0j'd 80SS 9�9 ZS9 '�N I `S3WOHN�101 .11 I� N I�11 6Z:ti ti S00z-Lz-2ldti �' , r '�" 20� LtTTLB CANADA ROAD '� ' Forest Harstad sviTeseo Twin City Townhomes Inc. SAINT AAUL MINNBSOTA SSt l7 219 7 S i lver Lake Road TEL: 651-490-92f6 New Brighton� MN 55112 RAX: 631-�90-9263 `u��". Il�ip�Ik r$1 Ilt RC Soil Borings and Geotechnical Review �ROFESSIONAL ENCINEERING CONSULTANTS LOtg 5 & Cj� BIOCI{ Z INCORPORATHD Innsbruck North 2nd Addn. Fridley, Minnesota January 25 � 1999 PEC #4122 INTRODUCTION Fro.iect Ir_farmation - This report concerns our recent subsurface exploration and geotechnical review for the captioned project. We understand that you intend to construct a 32 ' by 90 ' residential structure on the property. Accordingly, you requested soil borings be performed to delineate subsurface conditions and define appropriate earthwork procedures for the pr.aposed construction. Scope of Work - On December 22 , 1998 , you authorized a geotechnical exploration �+rogram. The scope of �ur �ork for -the referenced proj�ct wa� as follows : 1 . Explore the subsurface soil and groundwater conditions by means of at least two standard penetration borings cloae to the confines of the proposed structure. 2 . Review the soil boring and groundwater data and prepare an engineering report which includes the following: a. Results of the borings and groundwater readings. b. Recommendations for fottndation types , allowable soil bearing capacity and potential f�undation settlement. c. Recommendations related to possible grading and earthwork for support of spread footing foundations and floor slabs for the proposed building. Purvose - The purpose of this report is to describe our field exploration program, to presen�t the resulte of our field testing and provide engineering recommendations to assist in the project development and construction. The scope of our work includes only geotechnical consider�tions and is not intended to determine the extent or presence of environmental conLamination, or to perform an environmental assessment of the sit.e . 0Zi I ti'd 80SS 9�9 �S9 '�N I `S�WOHN�101 J.l I� N I�11 6Z:T S �00z-Lz-?�dFi � Page Two ,� , $UDSURFACE EXPLORATION PROGRAM rield Exploration Procedures - Two standard penetration test borings were put down at the site on January 6, 1999. � The borings were performed in accordance with ASTM:D2586-84 using a 2" diameter split barrel sarnpler. The sampler was extended through a hollow stem auger and driven into L-he undisturbed soils by a 140 pound weight falling 30" . In this procedure � the sampler is first driven 6" to set the sampler head. The blows required to advance the sampler an additional 12" are then recorded. This penetration re�istance of N-value is then used as an indicator of the relative density of the coarse grained soils ( sands and gravel materials) . Also, it is used to indicate the consistency of cohesive soils (silt and clay materials) . The soil N-value serves as a first approximRtion of strength of the soils enco��ntered. As the samples were obtained in the fi.eld, they were visually and manttally classified bq the crew chief in accordance with ASTM:D2488 . Logs of the borings indicating the depth and identification of the varioue strata� the N-value, water level information and pertinent information regarding the method of maintaii�ing and advancing the drill holes are attached. Charts illustrating the soil classification procedure, the descriptive terminology and spmbols used on the boring lags are also attached. Surface Observations - The site is in a developed residential neighborhood located in the southeast corner of Fridley. There is a storm water collection pond on the back of the property. A storm water sewer line to the pond is buried near the side lot line between Lots 5 and 6. Fill soils have been placed on the front of the lots between the road and the pond. Some of the fill remains in trucked end dumped piles along the gouth half of Lot 5 and the north end of Lot 6. Pioneered weed, brush, snd tree growth has been established on the lots . According to topographic survey maps and the size of the tree growth which has established on the property, we estimate much of the fill was placed at least 25 years ago. The surface elevation of the north half of Lot 5 is several Peet lower than the centerline of East Danube Road along the east side oP the property. The elevation of the dumped fill on the so�ithwest area of Lot 5 is approximately 3' higher than the centerline of the rosd�ray. Exploration Scope - Soil borings were placed in areas of the proposed construction where the all-terrain drill rig could be set up to put down the borings. The borings were put down on January 6, 1999, st locations shown on a copy of the lot survey. The surface elevations of the borings were referenced to the top of the hydrant locsted near the east corner of Lot 5 . We assumed the top elevation of the hydrant to be 100. 0 ' . BZ/zT'd 80SS 9�9 TS9 '�NI 'S3WOHNf�01 J,lI� NI�11 6Z:Zti ti08z-Lz-bdd � Page Three � � Subsurface Conditions - The aubsurface conditions at each test location are shown on the atteched boring logs. We wish to poiat out that subsurface conditions at other times and locations on the site may differ from those found at our test locations . If different conditions are encountered during construction , it is necessary that we be contacted so our recommendations can be reviewed. The test boring logs also indicate the possible geologic origin of the materisls encountered. A review of the boring logs indicates the preaenee of Pill soils to at least 16 ' below grade at boring loGation #l. and at least 10 1/2' below grade at boring Zocation 1�2. The fill soils consisted moatly of silty sand � and some silty clay mineral soils with a trace of concrete, wood� and traces of surface vegetation. The standard penetration N-values in the fill sails indicate much of the fill was poor.ly consolidated and not placed as engineered fill . In boring #2 from 10 1/2 ' to 17 ' beluw grade a layer of poorly consoli.dated silty clay and silty sand which may be fill was encuuntered. Well consolidut;ed silty sand and sandy Iean clay till were encountered iti borings #1 and #2 at 18 ' and 17' below grade, respectively. The relative density of the silty sand was determined to be medium dense to dense and the consistency of the sandy lean clay kas determined to be stiff to hard. Water Levels - The boreholes were checked for the occurren�e -uf groundwrster during and shortly after completion of our test borings. According to the boring logs, groundwater was not measured in the bvreholes with the casing in the ground , However, lenses of waterbearing sand were encountered in eac}i boring as shown on the boring Iogs . ENGINEERING REVIEW Pro.iect Data - Copies of ttie Certificate of Survey for the lots showing the delineated wetland vn the property were made available for our reference. We understand you propose to construct a residential building on the property which extends 90' across the front end is 32 ' deep. Additionally, we understand the proposed construction will be at-grade construction. The building will extend acroas Lot 5 � and over the south lot line onto Lot 6. The front setback for the proposed construction will be approximately 30' . We anticipete the structure will be constructed using above-grade wood framing and minimum depth perimeter foundatior� conatruction. For this type of structure� the wall loadings would be relatively Iight. When siipported on minimum width spread footings, the maximum soil contact pressures would usually be no more than 1500 psf. OZi�Z'd 80SS 9�9 T S9 '�N I `S3WOHNf�01 Jll I� N I f�l 0�:i ti Z 00Z-LZ-2� I • , . t Page Four Discusaion - Our borings indicQte the presence of 10 ' to 18 ' of poorly consolidated uncontrolled fill soils over competent silty sand and sandy lean clay ti1Z soils . In our judgement, the fill would not be suitr�ble for foundation support without the potential for excessive settlement under the consi:ruction loadings. The depth of fill soils and underlying weak transi�:ion soils indicate a soil corrected building p�,d would be required. The soil correction would extend at least 15 ' below existing grude and would require excavation of Pill soils. A building pad of fill soils compacted in thin lifts to 95X of t�ie Standard Proctor dens3ty would be constructed. The coi•rection would require corre.sponding oversize beyond the footprint of the proposed coiistruction. In our opinion, there is insufficient area on site due to the wetland bo�tndsriea and property lines for deep excavation and stock-piling of excaveted soils. The fill soils erico�intered in the borings indicate they IDay be suitable to be used fo�� engineered fill if their moisture coni;ent is riot too }�igh to permit desired compaction. The on site sand�► lean clay fill soil.s and other fill soils with significant amounts of silt and cl�.y fines must be placed with a controlled moisture content and, therefore � may not be deairable to construct a corrected pad. Based on L}ie boring logs , significant depth of fill and limited area to excavate for a deep soil correctivn it is our judgement that Q driven pile foundation system would provide the best support for the future sLr�icture. For structures such as houses� treated timber piles are norrnally utilized. Site grading work will be required to prepare the site for pile driving and to prepare the fill to support floor slab construction loadings. After removing the tree, brueh, and surface vegetation from the building aite we recommend surface compaction of the exposed fill soils using a aelf-propelled vibratorp aheepefoot roller. Fill aoils placed to bring the eite up to grade should be compacted in thin lifts to 95X of the Stande�rd Proctor Denaity. Foundation Recommendations for Driven P�.les - For beat possible results, we recommend the structure be supported on a deep foundation consisting of driven timber pilea. Our computations indicate that pile driving to a depth of 26' to 30' below existing grade would attain a safe working load of about 20 tons per pile, with a factor of gafety of about 2. The saPe working load computations allow for a negative side friction load of 5 tons per pile. To attain a working load capacity of 20 tons per pile, we recommer�d the piles be dz�iven with a hammer having a manufacturers rated energy on the order of about 17 ,000 to 21 � 000 foot/pounda . 0zib S'd 80SS 9�9 ti S9 '�N I `S3WOHN�101 Jll I� N I�11 0�:ti Z T 00Z-Lz-bdd ' Fage Five . , We recommend the floor slabs for the building be supported on the existing fill . To minimize moisture transfer from the underlying soils to be floor slab� we recommend a minimum 6" thick layer of free-draitiing granular soil with less than lOX passing the #200 sieve be placed below the floor slab. OBSERVATION AND TESTING The pile lengths estimate.d in this report are based on static determination from the boring logs. The actual lengths should be �etermined in the field. For residential piling projects, this field determination is normally made utilizing accepted dynamic formulae such as the modified Engineered News Records Formula. It is possible that ground vibrations transmitted by pile driving operations may be felt within or adjacent to the nearby reaidential atructui•es. Under these condi.tions, owners of existing adjacent residential properties sometimes notice cracks or other diatress features to their walls and ceilings which exiated prior to the adjacent vibration inducing construction but had gone unnoticed. UnWarranted claims of damage accordingly sometimes arise as a result of pile driving or other construction activities which transmit perceptible vibrationa beyond the project confines. Protection against unwarranted claims can be combatted by retaining an independent party to perPorm a precondition survey of ad3acent conatruction prior to pile driving. This normally consista oP either video taping of ws11, csiling and floor aurfaces or obtaining field notes and photographs of the existing condition. It would be aleo advisable to obtain vibrstion recordings at adjacent structurea during the initial pile driving. We recommend the pile driving operation be done when there is no frost in the ground. Vibrations generated by pile driving can be tran9mitted to adjacent properties with greater energy when frost ia present. Also � flexible connections of ell underground utilities ahould be used to minimize any movement de►mage to these Iines. STANDA�D OF CARE The recommendations contc�ined in this reporL- represent our professional opinions. These opinions were arrived at in accordance with curreni.ly accepted engineering practices at this time and location. Other than this , no warrttnty is implied or intended. FROI�'E3SIONAL ENGINEER NG CONSULTANTS , INC. �� i,�.,��, � / <.___ Q��J � , �c.,�' "�'',R 1 J hn I'. GislasQn, , P. • Ep,�STFg . R� Dobie, P.E. L�ff Engineer !Sa E��e dent �ROFFSS(ONA1: JFG/BRD/fm . •. �NGINE�� '•. 9738 : �P •�.......• so.; q�OF M�N�t> OziS ti'd 80SS 9�9 Z S9 '�N I `S3WOHNf�01 Jll I� N I f�l Z�:Z ti ti 00z-Lz-�ldd t � . �'R��SS#�NAt. ��V��NEERING CO NSULTAIN�'S, INC. 20:� I.ITTLE CAN/1DA ROAO BUITE 280 8T. PAUL.� MN. ddit7 ---pHONE�4A0-8289 FAX�460-9208 Soi1 Barings I'°ts 5 & 6; az°�` 2 LO(� OF SOIL BORING � 1 PROJECT: p�s#4T22 �h 2nd AdditYon -.----_ SURFACE ELEVATION : �d� � � � � � � m W „ < � , . � 9011I0ENTiFICATION OEOLOOY Z 3 � — v FIELD NOTES/TESTS FILL, mostly silty sand, Fi11 Au Q a tzace to a little gravel, 2 moist with laminations of wet sand about 15.5' , v�ery " loose to medium dense to ' -3 SB 4 very loose, SM 6 -18 SB ]7 8 5 SB 1.5 l0 �7 SB 18 12 ] .S 5B 13 14 ]6 3 SB 6 18 SILTY SAND, with a Little Ti]1 grav�7., brown to reddish 20 braun; moist, with Zenses of waterbearinq sand, -16 SB 20 medium dense to dense, SM 22 24 22 B 19 26 _ NATER LEVEL MEASUREMENis START 1-6-99 COMDIETE 1-6-99 DATE TiME SAMP�EO CASING �AVE-tn BAfIED �EVTMS W�TER METH00 � � 3:30 OEPiII OEPTH DEPTH IEVEI �� j� �-34 5' 1-6- 3:30 36.0 34 5 36.0 - CREY CMI[f R Mi�l�l nr BZi9S'd BOSS 9�9 TS9 '�N I `S3WOHNf�01 J,1 I� N I f�l S�:ti S T00z-Lz-2idti t PROFESS�NAL ��NEERlN� C�N�S!lLTAIN�'S IIVC. ?v3 LITTLE CANADA ROAO 9UITE 290 8T. PAUL� MN. 6a11T —PHONEi4A0-A28A ,FAX�460-9285 Soil Bo�ri.ngs Lots 5 & 6, B,7.ock 2 � Innsbruck Narth 2nd Addition LOa OF SOIL. BORING f 1 ��,,� PROJECT. P�c #4122 SURFACE ELEVATION : ______^ � � � � �- w . � � � � SOIL lDENTIFICATION QEOLOOY Z 3 � � FIEID N '' W OTE9/TEST3 1 28 � ' 30 S 48 SB 16 ; 32 34 ` _ 34 SB 13 36 ! End of Borinq j i � , � r ; l � ' VAiER LEVEI MEASUREMEMTf STAR? COMPLETE DA�E iIME SAMP�EO CASINO CAVE-IN g��EO DEPTNS WATER NETNOD 8 � DEDTN DEPTN DEPTH IEVEL r i � MCu �utre OZiL S'd 80SS 9£9 Z S9 '�N I `S3WOf-1�i1'101 J.l I� N I f�l Z�:L S ti 00z-Lz-2ldti PRO�SSIQ�VA�L ��NEERI � coNsu�a�r� �� 2�'� LITT�E CANADA ROAD BUITE 280 8T. PAUl� MN. 66117 —PHONE�4A0-826o 'RAXs490-9286 Soil Borings Lots .5 & 6, Hlocic 2 Innsb.zuck Noxth 2nd Addition LOCa OF SOlL BORING f 2 PRO�ECT: P� #4122 • SURFACE ELEVATION : _� z � � � � � � � 901L IDENTIFICATiON OEOLODY z � u W FIELO NOTE3/TE3TS FILL, mostly silty sand, Fill SB 12 concrete, v�d, si.Zty clay, Frozen to ]8" 2 a trace to a little be]_ow gracie gxavel, brown, wet 4 9 SB 1]. 6 4 SB 6 � 8 2 SB 18 ]0 f wat b�ar�iny sand W SC S y 3 12 SB 21 SILTY SAND and sandy lean clay, a little gravel, graY to brown, moist, with ]..S SB 23 1.4 1P�s� of water beazing sand, �erY loose and soft, 16 SM and CL 4 SB 19 1 B SANDY I,EAN CLAY, a little Til1 g�:ave1► bx�cx�m, moist, wi.th laminations of sand, stiff 20 to hard, ((�,) 7.4 SB 1.9 22 24 . 26 18 B 23 YA1ER LEVEI HEASURENENIS S/ANT 1-6-99 COMPIEiF 1-6-99 DATE TIME SAMPIEU CAStMG C11VE-IN BAlLEO DEPTNS �TER METNOD 1 DEPiN DEDTN OEPik LEVEL 3 I�t�� A �29 .5e 1-6-99 Z2;4 31.0 29.5 None �� Me11 w��•.• 0Zi8 Z'd 80SS 9�9 T S9 '�N I `S3WOHN�1�l .11 I� N I�11 Z£:ti� T 00Z-LZ-�Idd ,' ' , , . PROF�SSH)NAI. ��INE�1 � N� CONS!lLTAINTS IIVC. 2�'� �ITT�E CANIIDA ROAD BUITE 280 8T. PAUL� MN. aa117 —PHONEi4A0-A28e 'FAXs490-8296 soil sarings Lots .5 & 6, Block 2 r"r'Sbr"�x N°�' �,a Aaa�t�� LOG OF SOlL BORING f 2 PROJECT: P� �4�22 • SURFACE ELEVATION : _ 9s.= _ � � � �. � w �- o � SOIL IDENTIFICATION �EOLOQY Z 3 N v FIELD NOTE3/TE3TS FILL, mostly silty sand, Fi11 W � concrete. wnod, silty c1.ay, SB � �ozen to ]8" 2 a trace to a little below grade gravel, brown, wet 4 9 SB 1l. 6 " 4 SB 6 � 8 -2 SB 18 ]0 gray mois w ens f wat besarin sand SC y 3 SB 21 12 SILTY SA1�ID and sandy Iean clay, a little qravel, 14 gray to bZown, moist, with l..S SB 23 IP�ses of waterbearinq sand, very loose and soft, _ 16 �M and CL __ 4 SB 19 ]8 SANDY LEAN GLAY, a little Ti11 gravel, bra,m, moist, with laminations of sand, stiff 2 0 to hard, ((�,) ]4 SB 19 22 24 . 26 18 B 23 _ _ VA1ER IEVEI HEASURENENTS STANT 1-6-99 �OMPIEfE 1-6-99 DATE TIME SAMPlEO CASING thVE-IN BAILED DEPTMS �TER ME�MOp i DECTN OEPTM DEPTH IEVEI 3 1I4� HSA O 29 .S� 1.-6-99 12:4 31.0 29.5 None � Ml�1 w�� 0Zi8t'd 80SS 9�9 TS9 '�N I `S3WOHN�101 J�l I� N I�11 Z�:t ti S00Z-LZ-�Idd �p'�O��SSKI�, ��1 NEERIN� CONf SULTAINTS � 0� L�TTIE CAN/1D � �� /1 ROAD BUITE 280 8T. PAUL� MN. ad117 --PHONE�460-A288 FAXe490-9286 Soi1 Ba�ri.nqs Lots 5 & 6, Block 2 Innsbruck IVa�tth 2nd Addition LOG OF SDiL BORING ,1�2 cc«�t��a: PROJECT: PEC #4122 - — SURFACE ELEVATION : ..,,, z � � � � : � w Z 3 � o � 90IL IOENTIFiCAT10N DEOLODY v� W FIELD NOTE3/TE3T9 28 � � 30 , ' �5 SB 1.7 �d of Boring s � ; ! � . , i � � _ VA1ER IEVEI NEASUREMENTS START CONPLETE DA►E TIME SAMPIED CASING CAvE-lH gAtlEO DEPIHS ��TER METN00 � DEDiH DEPTH DEPTH �EyE� BZi6 Z'd 80SS 9�9 Z S9 '�N I `S�WOHN�101 �ll I� N I�11�� Z�:Z ti Z 00z-LZ-�idti - - 0Z'd �ti101 . . . . . . . , . . . GIitJlilUl. NO'IT.S om�UNc Ar�o snrar�iNC SYw10oLs Addi�lonal insc�ts i�Vst Column SYMDOL OEFINITION ' SYM80L DEFINITION H� S1/0•I,O.No(low Slcm Avyc� Ou Uneon(incd Compress'ne Svc �h• sl- FA �'.6'o� 10'Otameler FI(qhl Auy�i p ^9 P �.STM D Z1� V Penct�omelar fiesdinp•tsf _�� 7'.�'or 6'Hand Augcr Ts To�v�ne Readin • -� 2-1R'.�'.5'o�6'S1tel O�ivc Casiny G 0•Isf Speeilie Gravity nC Size A, 0 or N Rolsry Casing SL Sh�inkepo limits•l.STA1 D«7 P� Pipe piiB or Cleanout Tub� . OC Orgsnie Conlenl-Combusl:on IAell� CS Co��inuovs Spii�8v�cl Sampling SP Swcll Ptessure•Isf DM O�iltinfl Mud PS PcrteM Swcll � Jctfing W�le� FS Frcc SwoN.Perccnt SO ?'0.0. Splil Ouiot Ssmpling pH dr _e 2•I/2�or�.t/Z'0.0.S8 lfnc�S�m ic SC � °�e�lon CoMen�,Meter 1,4et1�od T P Sud�l�Conlcnt•P�nslMillan,s�me�s�,� z or J'Thin WallaQ Tube S�mple CC Chlwlde Conten�•PansJl�A;ll:on,s�mc a�mg/�, 3TP 3'Thi�WaI1cQ Tvbe(Pilchcr S�mp1in91 C O�c Oimcnsional Con�ordaGon.ASTM 0?�35 TO ?w 3'Thi�1N�Itcd Tube (Oslerbng S�mpla) Oc Triaxial Compression W W�sh Samplc O.S.� pirect Shc��. � ��y Sample • ASTAt D�080 p K Coelficient o(Permeabil�y.cm/sec 7eet Pi�Ssmp�e O� pispe�alo�Tesl � BQ NO�o�PO NNNeline Syslcm OH� Double Hydromelcr-ASTM D<22� X �.B�C a NX Oouble Tube B��el MA PaAicic Siie Malys�s-ASTM p sn CA Co�e Recovery.Pereanl , Fi� laboralwy Fietlst'wiry,i�ohmtm- NMq No Mc�su►cmcnl Hctorded,piimarily due E � Pressu�cmcicr Oclormalion�.{adulu�Isf �s' � Io prescncc ol d��lling or ea(ny Ituid PI� Prosswemcicr Tes� � VS Ficld Venc Shcsr.AST67 O 257J �� Intiluomcic�Test-�Sl�l.e 0 1]b5 TLST SYtNOplS (i00 Rotk Ouality Ocsigna��on.Pc�ccnl SYf1001 OEFINITtOt� � See atlathed daia shcel a��epli �� N�tc�Cvnlcnt � Ory Ocnsily•Pounds per Cubic Fool ll.PL liduid�nd Plaslie Limit•ASTM O<318 REUTIVC CMVCI PfiOPpRTIONS �ESCRIPTIVC T[RMINOIOGY CONpITION TEpf.1 RANGE l,minilion Up lo IR'i1Nck suatum L�ycr lr1'l0 6'Ihick ir�atum Coa►se G�aincd Soils A lillle yr�vel ?• 1<YL �.�arvcd A11c�naliny I�min�iio�s of clay,a�N WAh Grevcl 15-497G et�d/o►line prained sand,a colas tt�c�eol O�Y Powdc7.no notlr,el••�c•,•aic� 1 mc G�aincd�a1; Mois1 Oe�ow c�tu�as�c� 1 S yi76 � A� A I+fllc pravc� 2• 7X Y�cl Satu��cd.abovc LpwO Mmd ��•� • �� h p�avcl e.� Walmbc��in7 Pervious aeil bcl�.�•k:lc� :YYX, + N2(17 IG Unic piavcl 2• 1�9C 3476 a N3�Y� Y�dh Qinvcl 15•247e • 3U?, , M�ryj G�m�nlly 16-49yc, PRqFF.iilf)NAL FNti1NF/'ItIN(: COM4ULTANIB INf011tcf��n 0zi0z'd 80SS 9�9 SS9 '�N I `S�WOHNI�Ol .11 I� N I�11 Z�:S T ti00Z-LZ-�ldd City of Fridley Land Use Application SAV-01-04 May 2, 2001 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: Forrest Harstad Water and sewer are available near the site. 2197 Silver Lake Rd. Transportation: New Brighton, MN 55112 East Danube provides vehicle access to the site. Requested Action: Physical Characteristics: Vacation&Re-creation of Utility Easement Area is currently a mix of trees&wetland. Purpose: SUMMARY OF PROJECT To vacate a five foot portion along the northerly Mr. Harstad is seeking to vacate a five foot portion edge of the eacisting utility easement,and then grant along the northerly edge of the existing utility an additional five feet of utility easement to the easement, and then grant an additional five feet of southerly edge of the e�sting utility easement. utility easement to the southerly edge of the e�sting Exis�ing Zoning: utility easement.This will center the existing pipe R-1 Single Family Residential within the easement. Location: SUMMARY OF ANALYSIS 5490 East Danube City Staff recommends approval of this utility Size: easement vacation and re-creation. 24,812 square feet .57 acres A 20' easement is required for all drainage E�cisting Land Use: easements. The property currently contains a 20' Vacant. easement,but the existing storm pipe is not Surrounding Land Use&Zoning: centered in the easement. The vacation and N:Single Family&R-1 E:Single Family&R-1 recreation of this easement will provide the City S:Single Family&R-1 room necessary to more readily access the pipe for W:Single Family&R-1 mamtenance. Comprehensive CITY COUNCIL ACTION/60 DAY DATE Plan Conformance: May 21,2001 /May 29, 2001 Consistent with Plan � '� � ,� 'j -', � ,� Zoning Ordinance Conformance: '' �� .� � �;� , � _� � s, � t Section 211.07.21 requires drainage utility �;� � �` `� � � �� . ��`�i s.> . � `-� 1 easements of 20'. �` � ' �� . 3 � �� f Zoning History: �� '� F� � ��°�,� � �� `� � '�'� ,� �- _ � �� ,� T� • Lots are platted in 1973. � � '`� ° � � • Variance&wetland replacement plan �`` �� ' �� f� r�� ` ° �. denied in 1994. �.a ` �� B ��6� �� • Criteria for building pemlit issuance in � _ � ��,� � =F� �,,� -. �� 1995. �. �- ��„��`;_ �� - Legal Description of Property: Lots 5 & 6, Block 2,Innsbruck North 2°d Add. � � . -. ��.��:_;,-°� Staff Report Prepared by: Paul Bolin 39 , � SAV #01-04 THE REQUEST Mr. Harstad is seeking to vacate a five foot portion along the northerly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement. ANALYSIS The existing storm sewer pipe is not centered within the current easement. The existing pipe sits only 3.5'-5' from the southerly edge of the current easement. The granting of this easement vacation and re-creation will provide the room necessary for the City to excavate and repair the pipe, as needed. The City's Public Works Director has indicated that it is in the best of interest of the City to grant this partial easement vacation and re-creation of a 20' easement, in which the pipe would be centered (See attached memo). PROPERTY HISTORY/ NEIGHBORHOOD CONCERNS This property was platted in 1973 and the two lots comprising this property have remained vacant over the years. There is a designated wetland area along the western portion of the property, which collects area run-off and slows the water before it enters the storm pipe and continues to Farr Lake. In 1986, a permit was issued to do some fill work on this site. In 1994, a proposal was submitted to do extensive filling on the southerly lot and obtain variances for home construction. This was ultimately denied. During this variance and wetland replacement plan process, the neighborhood brought forth concerns of illegal dumping and filling on the site. It was determined by Peterson Environmental Consulting, that any fill placed on the site befinreen 1989 and 1993, was placed over the portions filled in 1986 and had no further impact on the wetland area. After investigation by City Staff it was determined that the property could be built on, without impacting the wetland, if certain criteria were met. The criteria were spelled out in the attached letter, dated October 24, 1995, from Barb Dacy to Paul Harstad. In essence, to build on the property one must perform a hydrologic analysis identifying impacts to adjacent properties, complete soil borings and testing, combine the two lots into one tax parcel, and meet with surrounding owners to review the results of the study. Forrest Harstad has met all criteria, spelled out in this letter, for the issuance of a building permit. Neighborhood objections and/or denial of the easement vacation and re-creation will not stop Mr. Harstad from obtaining a building permit, provided the proposed home meets all building and zoning codes. Though the petitioner's right to a building permit is in no way related to this easement vacation request, staff has heard from nearly the entire neighborhood on this request. The neighbors have stated that they have enjoyed the scenic beauty of this undeveloped lot, viewing the ducks and other wildlife, and that they are concerned that a home constructed on the property will impact the wetland and possibly flood out their basements. The petitioner's hydrologist has indicated that this is not the case. 40 � - The neighbors have also indicated that the petitioner's home may not meet the covenants filed with their subdivision. The City does not regulate or enforce covenants. Any violation or disputes over covenant requirements will need to be worked out between Mr. Harstad and the neighbors in court. The Planning Commission hearing is to determine whether or not the easement should be moved to center our pipe within it. The neighborhood is viewing the public hearing as their opportunity to prevent the City from issuing a building permit and to prevent Mr. Harstad from building. RECOMMENDATION FOR SAV#01-04 City Staff recommends approval of this request to vacate: The northeasterly 5 feet of the southwesterly 10 feet of Lot 5,Block 2,INNSBRUCK NORTH 2ND ADDITION,Anoka County,Minnesota, except the northwesterly 40 feet and except the southeasterly 10' thereof. And to re-create the 20' easement by adding the following: A perpetual easement for drainage and utility purposes on,over,under,and across the southwesterly 5 feet of the northeasterly 10 feet of Lot 6,Block 2,INNSBRUCK NORTH 21''D ADDITION,Anoka County,Minnesota. STIPULATIONS City staff recommends the following stipulation be attached to the approval of this easement vacation request. 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. 41 � .�_-.,-:� .... .. .. ... -;�.z.�� ..�:�:_�. .��. ;AX:6;� G:S ;4« :��v= l .:��.�..__.� _ _._ _... . . is� � � � � , N �A � � � � . .. . ... � pa905' ( / �a�c 7 I s �6�1 ✓('S � (ou �.J E�o'^ Y i P�� '9�r��6s! 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GIRGLB PINE6,MIA�d68�A — r 9 09 66m14-3626 TEL.186-6 6 Reo�strotion No._._ �_.._._—_ F'P � t � PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 3 2. PUBUC HEARING: Consideration of a Vacation, SAV#01-04, by Forrest Harstad, for the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement generally located at 5490 East Danube Road. MOTION by Mr. Kondrick, seconded by Ms. Johns, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS OPENED AT 7:39 P.M. Mr. Bolin stated that Mr. Harstad, the property owner, is seeking to vacate a five foot portion along the northerly edge of the existing utility easement and then grant an additional five feet of utility easement to that southerly edge of the existing utility easement. There is a storm sewer pipe going through the property, and it is only 3-4 feet from the southerly edge of the easement right now. By vacating the five feet on the northern edge and rededicating it on the southern edge, the pipe will be centered within the easement and it will make it easier for the City to get in and do any work on the pipe in the future. Only the easement is moving, not the pipe. Staff recommends approval, because the current storm pipe is not centered within the existing easement and the new easement provides the City with the room necessary to access the pipe for maintenance. Mr. Kondrick asked if this the vacation makes it easier for the City. Mr. Bolin stated, yes, because they would not be forced to go over part of the petitioner's yard, causing possible issues with the restoration of property. The petitioner, Forrest Harstad, stated that Mr. Bolin did an excellent job of explaining this request. Mr. Kondrick asked if there were any problems with the stipulations. Mr. Harstad stated he did not have any problems and understands that this is part of the legality - of the process. Mr. Rick Schroeder, 5497 East Danube Road, stated his property is right across the street from this property. He stated it is apparent that this hearing does not pertain to the total scope of the project, but it is evident that the neighborhood feels that there are many concerns. This project has come before the City Council and has been denied due to watershed issues. That is a significant issue that should be considered in view of the recent history in Minnesota with changes in the water table and general concerns of flooding. Mr. Bolin stated there have been past proposals, with the most recent proposal of building a home on each lot and filling in part of the wetlands with a replacement plan. Because of these past requests, in 1995, the City came up with steps that the developer would have to meet to build on this lot. That involved conducting a hydrologic and soil studies and combining two lots into one lot. The petitioner has met all these requirements. Mr. Oquist stated that the issue before us is strictly the vacation request. � � � PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 4 Ms. Savage stated the neighborhood has a right to understand the issues. The petitioner has met the requirements, but there has been no finding that there would be an adverse effect on the environment. Mr. Schroeder asked who the hydrologist was. Mr. Bolin stated the petitioner chose, Ted Mattke, the hydrologist. Mr. Schroeder stated they have had finro floods in the last few years, and the hydrologist survey was conducted in one of the drier year. Is this legitimate for an assessment? Mr. Bolin stated this past year has been different than most. The hydrologist is a registered engineer and has a Ph.D. in hydrology. Ms. Patricia Freeburg, 5557 East Danube, stated that she is concerned with the hydrology report. You can always find an expert who will agree with what you want to do. She would love to see an impartial person conduct a current report. Who is this person and what is his/her expertise? Mr. Bolin stated the man's name is Ted Mattke, and he is self employed. The City has not used him for other things but has reviewed his work on other projects. Ms. Freeburg asked if this issue could be considered more at another time pertaining to the drainage and water issues. She is concerned about the manner of soil borings that were taken that seemed to only have been taken from the surface of the dumpings on the lot. Ms. Savage stated those concerns could be addressed with the City Council. The next step then would be legal action if so desired. Mr. Schroeder asked if the local watershed district is involved at all. Mr. Bolin stated he did not believe the watershed district is involved. - Mr. Schroeder stated the property backs up to a pond that he believes is considered a wetland area. Mr. Kondrick stated that one of the prerequisites to building is that you cannot have any more water running off your property than there currently is. These concerns will be presented to the City Council who will consider all these issues and there will be a chance for comments at the City Council meeting. They should have some good answers by then. Ms. Ann Ulrich, 5505 West Danube Road, asked why they are discussing the easement movement prior to a house plan being presented for approval? Why is the easement being moved? Mr. Kuechle stated that moving an easement makes it easier for the City to work on it if need be. That is the whole purpose of the easement--to have the legal right to go in and repair without having to ask permission of the property owner first. Ms. Ulrich asked if the City is saying there is potential for work on the easement here. � � PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 5 Mr. Bolin stated, no, it is for work in the event that a pipe collapses. Ms. Ulrich asked why they are looking at this before a house is constructed. Mr. Bolin stated that the petitioner wanted it moved in the event that a house is built on the site. It gives the City more room to get in there if they need to, and it also gives the developer more flexibility far positioning the house. Ms. Ulrich asked if this could be dealt with when the house is approved to be built. Ms. Johns stated this is only a paper issue right now. Mr. Bolin stated there is no cost to the City involved with this. It is not related to the building permit. There are a number of ways the petitioner could build on this property without this easement being moved. Mr. Peterson, 5495 West Danube Road, stated that he wanted to present some pictures of the neighborhood in the back of the pond that exists. The pictures also depict the construction site. The existing easement for the drainage ditch probably would not hold a building there even if it is moved. The back of the property drops right into the existing water. Any building will disturb the water to some degree. He objects to moving the easement and creating a different way to put that house in that spot. Karl Breitbarth, 5477 East Danube Road, stated he is concerned about the drainage issues, and he wants the house to sit on the lot in a manner consistent with the rest of the neighborhood. Nioving the easement allows the house to sit in a way that would not look right in the neighborhood. Right now, they have a nice neighborhood with distinct types of homes that are set back the same. Ms. Savage asked if Mr. Breitbarth was opposed to building any home there. Mr. Breitbarth stated that would be nice; but if there is, he would like it set back appropriately on - the lot. Mr. Norm Schultz, 5535 West Danube Road, stated that the pond and the drainage system is connected to other ponds in the area. This year water is encroaching on all of them with their sump pumps running constantly. If there is some disturbance to the land in question and runoff is not taken into consideration, or how the building is built, there could be some severe problems to the rest of the neighborhood. Ms. Sue Williams, 5568 West Danube Road, stated her property is on the lowest level on the pond that drains into the pond by the Harstad property. The water was within six inches of coming into our basement. The drain pipe did not work, and the City had to flush it. It must be plugged somehow. The engineers do not always know what they are talking about, and she does not trust the engineers to know that the pond he wants to build on will hold enough water for the levels that are coming up. If a house is built, how could they accommodate more water? They were told by the Harstad family that a lot of these lots were unbuildable. A home was built on every lot except this last one. There is no justice in this world. This is the third time the neighbors have had to come back on the same issue. How many times do they have to waste their time stopping this man from doing something he should not have done. He promised the t , PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 6 citizens he would never do this in the first lace. If she has a flooded basement, the Cit should P Y pay for it. Ms. Lesia Zownirowycz, 5527 East Danube Road, stated she viewed the plans for the structure Mr. Harstad is proposing to build on two combined lots. If the neighborhood would like to purchase the property, it would cost $300,000. Why is the City of Fridley combining these two lots with one lot that is considered totally unbuildable? Mr. Harstad is planning a house with a four-car garage. According to the assessment office, Lot 6 is currently valued at $1,000, because it is considered unbuildable. Why are these lots able to be combined? She would recommend that these lots remain as single lots. Mr. Harstad should be required to build a home that is compatible with surrounding structures. She asked the Commission to table this issue and then drive by this neighborhood to view these two lots. The neighbors are proud to live in these homes. Mr. Harstad's comments that he will build the biggest and best house on these lots truly concerns the neighbors. They are proud of this neighborhood and would like to continue this tradition. She has liyed here for 16 years. Ms. Savage stated the Commission members have driven by to look at these lots and the neighborhood, and they all agree that these are beautiful homes. Could StafF address the one issue of combining of two lots? Mr. Bolin stated combining the two lots leaves no question that the second lot is unbuildable by combining it with this property. The builder can only get one home rather than possibly a second one down the road. Many of these unbuildable lots become tax forfeit and become a burden for the City because the City has to maintain them. Mr. Rick Nye, 5477 East Danube Road, stated he has a petition of everyone in the neighborhood asking the City to give this more consideration because of the impact to their homes with the watershed. The iois have been dumped on. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to receive the neighborhood petition. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE - MOTION CARRIED UNANIMOUSLY. Ms. Ulrich asked who would be responsible for these watershed issues if the house was built and who should they contact? Ms. Savage stated that the best thing may be to attend the City Council meeting or contact the City for more information. Ms. Ulrich stated that two days ago a former owner of her house who lived there for 20 years came to visit them. This former neighbor implored her and her husband to go forward with these concerns. He walked her through the yards where it has been proven where the water would flood the homes. Mr. Harstad told her that he would bring fill in onto this property to build this home. He would not put fill in the pond but would need to fill the lot. The land caves down after the property line so possibly retaining walls would need to be put up. That, however, would affect the natural runoff of water into the pond and force it into the ground that would affect the water table. Mr. David Blank, 5544 East Danube Road, stated that the Springbrook Nature Center is drowning, and it is due to the development around there. Each time a building is built, the ,� a PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 7 ground cannot take the water that runs off the roofs. That will cause more problems. The new home that Mr. Harstad intends to live in will not have water in the basement, because he is not building a basement under that home. He himself has remodeled his lower level and will be very unhappy because of the building on that lot. Mr. Schroeder stated that this is a contentious issue, and it is reasonable to consider other people's opinions other than the hydrologists. Ms. Janet Steppe, 5528 West Danube Road, stated that the pond behind her house fills to the top level, and she is concerned that this will severely affect the water drainage. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 8:24 P.M. Ms. Savage thanked the residents for coming, and this discussion will be on record for the Council meeting for May 21. Mr. Kondrick stated that it is nice to be aware of all the issues this evening, but this will be I, considered further as the building permit is requested. He does not have any issues with the vacation request. Mr. Saba stated he does not either. If he did live in that neighborhood. he would be voicing these same concerns. Ms. Johns stated that she does not have a problem with the easement issue. It is probably a good move as far as the City is cancerned for maintenance of tne piae. The water concerns will be listened to by the Council. Any water coming into anybody's home is a concern for any ' neighborhood. Mr. Oquist also agreed. He suggested that the neighbors contact Councilmember Wolfe with - the concerns so he can be prepared. Will there be any special use permits or variances for building on the property? Mr. Bolin stated that it would go straight to building permit. Mr. Oquist stated that the house may be built too close to the street and not in line with the rest of the properties. They have to have a certain setback from the street. Mr. Bolin stated the house is required to be set back 25 feet from the street. Mr. Kuechle agreed with approval of the vacation. MOTION by Mr. Kondrick, seconded by Mr. Saba, to recommend approval of vacation request, SAV#01-04, with the following stipulation: 1. The petitioner shall not construct any buildings or other permanent improvements over the easement area. + s PLANNING COMMISSION MEETING, MAY 2, 2001 PAGE 8 UPOt� A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTIO by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. UPON A OICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION ARRIED AND THE MAY 2, 2001, PLANNING COMMISSION ADJOURNED AT 8:29 P.M. Re ectfuliy submitted, � '�� Signe . Johnso Recording Secretary � � , ,� , �-----�.. � AGENDA ITEM CITY COUNCIL MEETING OF MAY 21, 2001 CffY OF FRIDLEY Date: 5/14/01 ,,� f To: William Burns, City Manager ,p,�� r;�1 From:Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner RE: Planning Commission action on SAV#01-04 M-01-54 INTRODUCTION Mr. Harstad is seeking to vacate a five foot portion along the northerly edge of the existing utility easement, and then grant an additional five feet of utility easement to the southerly edge of the existing utility easement, generally located at 5490 East Danube. PLANNING COMMISSION ACTION At the May 2, 2001, Planning Commission meeting, a public hearing was held for SAV#01-04. Following a lengthy public hearing, in which neighbors objected to Mr. Harstad building on his property, a motion was made to approve the utility easement vacation and re-creation. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Planning Commission and grant approval of the proposed utility vacation and re-creation, with the stipulation presented. 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. 37 r � FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 7 10. RESOLUTION NO. 27-2001 TO VACATE A 5-FOOT PORTION OF AN EXISTING UTILITY EASEMENT AND THEN RECREATE A 20-FOOT UTILITY EASEMENT ON LOTS 5 AND 6, BLOCK 2, INNSBRUCK NORTH 2` ADDITION, GENERALLY LOCATED AT 5490 EAST DANUBE ROAD (SAV #01-04, BY FORREST HARSTAD) (WARD 2): Mr. Bolin, Planning Coordinator, stated that Mr. Harstad is seeking to vacate a five-foot portion along the northerly portion of an existing utility easement and then grant an additional five feet of utility easement along the southerly edge. A public hearing on this request was held at the May 2 Planning Commission meeting, and the neighbors objected to building on this property. A motion was made to approve the vacation unanimously with one stipulation. Staff recommended that Council concur with the Planning Commission and grant approval of this request with one stipulation. Councilmember Billings asked if the easement runs along the lot line between Lots 5 and 6. Mr. Bolin stated that was correct. Councilmember Billings asked if there was a possibility of Mr. Harstad wanting to build a house on these two lots. Mr. Bolin stated that the proposed home would be on Lot 5 with the two lots being combined inte one property. Lots 5 and 6 are one tax parcel. Councilmember Billings asked how far the existing northerly line of the existing easement was from the lot line. Mr. Bolin stated that it is ten feet from the lot line. Councilmember Billings stated that would be a side yard setback for a building on the lot. Mr. Bolin stated that it is a ten-foot setback for living area with a five-foot setback for a garage. Councilmember Billings asked if there may be some other reasons a home is not wanted on Lot 5 and what impact will the vacation have on the ability to build a home. Mr. Bolin stated that it would have no impact on the ability to build a home. The vacation would give the petitioner an additional five feet to move the home around on this site. The petitioner could build on this lot with or without the vacation. Councilmember Billings stated that this would have no impact on the developer but could have a large impact to the City if it had to be dug up. Mr. Bolin stated that was correct. � ► FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 8 Councilmember Wolfe stated that the action Council is being asked to make does not have anything to do with the neighborhood's questions. Mayor Lund stated that the neighborhood should be heard though. Mr. Rick Schroeder, 5497 East Danube, stated that he is surprised that these two lots are combined. This gives more area for a much larger building and his main concern is that this large building will make for a watershed and property damage concern. The hydrology test was completed in 1999 which was one of the driest years. There are changes in the watershed. The first lot is wetland and unbuildable. There have been two one hundred year floods in the last 4 years. Mr. Haukaas, Public Works Director, stated that the hydrology test was based on a ten-year return frequency, which is to measure a storm expected once every ten years. It equivocates to slightly over 4 inches of rain in a 24-hour period. The study compared what that amount of rain would do to the elevation of the existing pond, regardless of what the starting water level was. The pond that backs up to this property would raise approximately 1/4 inch. Councilmember Billings asked if the City was aware of any water problems after the construction of Medtronic's building. Mr. Haukaas stated that they are not aware of any. Mayor Lund stated that the existing two lots look like the lowest lots to him. Ms. Pat Freeburg, 5557 East Danube Road, stated that she took photographs to show what has happened to Farr Pond and what it is doing to water and saturation levels. The photographs show that the ground is saturated and has standing water. There is drainage on Farr Pond but if more water is put into the pond than it can handle it will back up. Ms. Freeburg read the letter written to the Rice Creek Watershed District regarding the adversely affected drainage systems should there be a house built on those lots. - MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Freeburg stated that soil samples have been taken from the mounds of dirt that were dumped by the sides of these two lots. The samples were taken from the tops of the mounds. They request that building on these lots not be permitted. Ms. Ann Ulrich, 5505 West Danube Road, asked why moving the easement was being discussed prior to a house being planned or approved. This is also the first time they have heard about the lots being combined. � , FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 9 Mr. Bolin stated that they were combined two months ago and does not require action from the City Council. Ms. Ulrich stated that the intent of moving this easement was for ease of any work that needed to be done as a result of the home being built on this parcel. Until this point it had not needed to be moved. Mr. Lund stated that it is in the best interests of the City to move this for accessing. Councilmember Billings stated that the City has a right to work on a 20-foot piece of property to do any repairs. Currently this pipe is only three feet away from the edge of the 20-foot strip. We need the pipe centered so that if it needs work, it can be done at the most reasonable cost to the citizens of Fridley. The City only has a legal right to work on that portion of the property on which they have an easement. Mr. Norm Schulz, 5535 West Danube Road, stated that water is encroaching on his property. He asked what action the neighbors should take if water floods their homes because a home was built on that property. Councilmember Billings asked Mr. Knaak what could the City do to prevent the building of a home on those two lots. Mr. Knaak stated that if the City had a lot that met all the standards, which appears to be the case here, a builder could force the City to issue the permits. The City would be required to permit construction and pay the attorney's fees. Councilmember Bolkcom asked what recourse the neighborhood has if there are issues of runoff afterward. Mr. Knaak stated that it would be a private course of action against the property owner if the water from the property causes damage. Mr. Rick Nye, 5477 E. Danube, stated that the land was supposed to be unbuildable and there has been illegal dumping there. He asked why this was being considered. He said they have maps of the pond and what was filled in. Mayor Lund stated that a 1986 permit was issued to do some fill work on the site. In 1994 a proposal to put some fill on the southern side of the lot for home construction was denied. Someone had permission to do some fill work. Ms. Freeburg stated that Mr. Harstad does not deny that there was illegal filling. They deny that they are the ones who did it. There was a permit given in 1986 to do fill and they did not do it. Sometime after that but before 1993, the pond was filled with no permit so it was illegal. There would not have been enough buildable land to put a house there if there was no illegal dumping. _.:.._ . � FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 10 Mr. Hickok stated that in 1994 Fridley was in a dispute with the Harstads regarding the amount and type of fill, and whether or not it affected the wetlands. There was a great deal of proof the Harstad's needed to provide about the dumping. The determination was made by professionals that this dumping did not detrimentally affect the wetland. It was determined that if a home were to be built, it would be built outside of that filled-in area. A letter was then sent to the Harstads regarding what they needed to build on those lots. Mr. Merle Peterson, 5495 West Danube Road, stated that he had pictures that represented where the house was to be built on the property and the water, vegetation and trees around it. The area that was filled used to be all water. Now there is less area for the water space. Additional water in people's basements is probably because of that fill. If there is any water area damaged by construction it will raise the ground water higher than it already is. Mayor Lund asked how quickly the pond lowers after the spring thaw. Mr. Peterson stated that the area is still totally saturated. The neighbor's lots are all spongy. The area �hould be cleared out and restored as it was before to reduce the water problems. Mr. Harstad has said he will be removing all the trees and there are some large trees that people enjoy. There is also wildlife there. Mr. Harstad showed him the property he was going to build on Lot 5. The actual easement had the house plans right across it. After the easement is moved, his house would no longer be sitting on the easement itself. Having the easement removed will benefit Mr. Harstad. Mr. Karl Breitbarth, 5477 East Danube Road, stated that Mr. Harstad is looking at building 35 feet from the street. The houses are all aligned along the street and his house will be farther out towards the street which will present a safety issue. It will also take up a lot of the water area. The house should be set back farther but that will force the water in the back elsewhere. Mr. Bolin stated that the house cannot be more than six feet in front of the neighboring houses. There is a fifteen-foot boulevard, and the other homes are right around the 35-foot setback. Councilmember Bolkcom asked Mr. Bolin how close the house could be built. Mr. Bolin stated that it could be 29 feet from the property line. Mr. Roman Zownirowycz, 5527 East Danube Road, stated that Mr. Harstad indicated that he would not move the house back because it would cost $500 more for the driveway. The nanny quarters would have its own separate entrance and he is going to turn this house into a twin- home or a triplex with no intention of living there. Councilmember Bolkcom asked if the placement of this house would cause any sightline problems. Mr. Haukaas stated that the radius on the curb is 478 feet. It should not create a problem. . , FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 11 Councilmember Wolfe stated that from the front of the existing house, they could only go six feet past. If they go 35 feet from the curb, they will still have to add 15 feet. Mr. Breitbarth stated that it would still stick out from the other houses. Ms. Kathryn Schulte, 5554 East Danube Road, stated that they had standing water in the corners of their yard and their trees died. Her fear is that all the houses backed up to the pond will lose all their trees. A lovely neighborhood would change dramatically. Ms. Ulrich stated that she backs up to the property across the pond. She has spoken with two of the previous owners. One was frustrated because this issue was being raised again when it was proven before that it was unbuildable. His comment was that the Harstads waited long enough until the City Council turned over to try again, hoping people forgot about these issues. It is hard to believe that there are enough flat surfaces to build on that land. Mr. Harstad said he would have to bring in fill and a retaining wall. That will affect the natural drainage into the pond. The former neighbor was concerned about the water you cannot see and that would mean the rising of the ground water table. It was proven at that time that the water levels would rise. Ms. Ulrich indicated that she had a letter from Ms. Teri Raymond, 5595 West Danube Road, which stated that a Public Works employee told her that they checked the drains to make sure they were not clogged. This employee stated that someone was thinking of building on East Danube Road. It was also expressed that it would not happen. MOTION by Councilmember Wolfe to receive the letter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gretchen Schroeder, 5497 East Danube Road, stated that she also spoke to the sewer supervisor. He was helpful in assisting with a sewer problem and assured her that the property would not be built on because of the sewer situation. We are getting conflicting information from the City. The concern is that the water would affect the pond and homeowners. Councilmember Bolkcom asked Mr. Haukaas if he was aware of any sewer issues relating to this property. Mr. Haukaas stated that he did not know of any sewer issues. The reason the supervisor went out there is due to a request by residents to verify that everything was working properly. He was giving his opinion about the lot being buildable. Councilmember Billings stated that combining lots is an administrative action on the part of the City and County. Separating lots requires affirmative action by the Council. If a home gets built here, someone cannot go to staff and say that they want to split a lot without affirmative Council action. - . + FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 12 � Mr. David Blank, 5544 East Danube Road, asked when the permits to build would be issued. Mayor Lund stated that there would not be a meeting for that. Mr. Harstad has met requirements for building on that lot and this action is totally separate from that. Mr. Blank stated that the lots are so shallow and his house is about 100 feet long and ten feet wide. It is the wrong house in the wrong place and is not going to do anything for the street. Mayor Lund stated that Mr. Harstad has to follow the building codes. Mr. Blank stated that it is the City's responsibility to protect their homes and their values. Councilmember Billings stated that the legislature gives the City the right to establish where lots are and there are building codes. There are drainage requirements and requirements by the City Council. The City has the same responsibility to every property owner. If Mr. Harstad meets these requirements, the City cannot unilaterally decide that he cannot build. The neighborhood could-buy it and own it and control what happens to it. Ms. Freeburg stated that the property was taY forfeit and the people tried to buy it but the City would not let them. Councilmember Billings stated that if that were the case, the City probably would not have sold it. There are so many years property can be in arrears in taYes and the County handles that. If there is damage to homes, litigation is an option. The hydrologist said that the water would not rise any more than 1/4 inch and Farr Lake not more than 1/50 inch. It has been determined by the Rice Creek Watershed District that this report is accurate. Mr. Schroeder asked why when they have less waterfall does the water rise so much? Councilmember Billings stated that the hydrology report states that based on the square feet of the home to be built, it will impact the water levels by a 1/4 inch more. Mr. Schroeder asked if the maximum allowable area to be built on is based on the platted lot dimensions. Mr. Hickok, Community Development Director, stated that the combination of lots would allow the lot area to be used in 25 percent of that lot area. Mr. Schroeder asked what the zoning was for mother-in-law apartments. Mr. Hickok stated that this lot is zoned R-1, Single Family Residential. When the plans come in for review, anything other than single family will not be permitted in this district. There is a review that takes place after the permit is issued. The ordinances do not allow a secondary apartment in a single-family structure. ' FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 13 Mr. Zownirowycz stated that strong constraints should be put on Mr. Harstad not to allow him to do that. It is outrageous for him to combine the lots and change the look of the entire neighborhood. It is not effective government control. He has concerns of the safety of the curb and it is a shortcut from one high school to another high school. It is hard to see very far down that road. One of his children has ADHD and it is surprising that Mr. Harstad would not be concerned for the safety issues. In 1987 they backfilled that lot, and in 1998 he had his first basement flooding problem. The Harstads said they would not build on that property. Mr. Hickok stated that he does plan to have a crawl space which conforms to the code. Ms. Freeburg stated that in 1994 someone wanted to add an addition to the front of their house but it did not fit with any other houses on the lots. They did not get permission to do it and perhaps the law has changed since then. People buy in this area because it is rustic and this house will have four garage doors facing the street making it look like a townhouse from the back. She asked what the neighborhood's recourse was when Mr. Harstad turns it into a multi- dwelling house. Mr. Breitbarth stated that moving the easement would benefit the builder of this lot to allow five more feet to build a wider house. Ms. Ulrich stated that there are a number of neighbors who had water in their basements. She asked if Council would consider doing another hydrologist test. Councilmember Wolfe stated that he believed one had already been done. 1�1r. Hickok stated that a second analysis was completed, and there shouid not be any reason for a third analysis. NIr. Haukaas stated that staff reviewed Mr. Harstad's hydrologist study and the City's analysis is not as detailed. The City did some analysis and there was no significant difference from Mr. Harstad's. Ms. Ulrich asked if a significant study could be done at this time. Mr. Haukaas stated that the second study was an in-house review. Councilmember Wolfe stated that he thought the neighborhood wants different soil boring tests taken. Mr. Haukaas stated that soil borings and the hydrology review are two separate things. Storm water calculations do not take into account water levels. It is a comparative analysis. Councilmember Bolkcom asked what it would cost if the neighborhood or the City were to request another similar hydrologist study. Mr. Haukaas stated that he would guess it would be around $150 per hour. FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 14 � Councilmember Bolkcom asked if the neighborhood could benefit by having a conversation with the Rice Creek's Watershed engineers or Mr. Harstad's hydrologist? Mr. Haukaas stated that because of the size of this project, the Rice Creek Watershed District normally does not get involved in these analyses. Councilmember Bolkcom stated that possibly they could address the concerns and it would not hurt to ask. Mr. Haukaas stated that they could possibly look at this. Mr. Hickok stated that the Rice Creek Watershed District was involved in the study in 1995 and at this point the Council could ask them to have more soil tests done. Ms. Ulrich stated that it is atypical and new to her to have to come back again and again on the same issue to try and not have this built on a lot that appears to be non-buildable. Ms. Janet Steppe, 5528 West Danube Road, stated that she is concerned because her backyard is near the pond. She was not aware that the dumping had occuned. Her backyard is very saturated. She asked if the pond could be dug out to offset all the water. Councilmember Billings stated that the water would spread out to fill a certain level no matter how big it is. There is a pipe that drains the pond on the east side over to Farr Lake. Even if you make it deeper it will still fill up to the point that it needs to be for the drain. Ms. Steppe stated that her house has never flooded. Mr. Harstad, 2197 Silver Lake Road, New Brighton, stated that he is a seasoned developer. He has been doing nothing but residential construction for over 20 years. He has worked with Mr. Hickok before on a project in Apple Valley. He and his father have had development projects in Fridley. He said he lives in Fridley and would like.to continue to live in Fridley. He indicated that he would like to clarify some things that have been said at this meeting. He said he designed this house and has every intention of living in it. He indicated that he did not have to request to move the easement to build this particular house. The illegal filling was not illegal. There has been illegal dumping on this lot and they do not know who did it. It was on top of dry soil, not in the water. The Harstad reputation is something to be proud of and this development was not a Harstad development. There was never a house presented to be built on either of these lots that was turned down. There was a request for additional filling in Lot 6 that was turned down. The lot does not need more filling but they would likely haul in black dirt. He said his family owned these two lots for many years and he is now ready to use the lot. He invited the neighbors to have this conversation. He would be proud to live and work in the City. He thanked everyone for listening, and apologized for taking up so much time. Councilmember Billings asked if the soil borings were taken on top of the mounds so as not to go down as far? Were they taken close to where the footprint of the building is expected to be? . . FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 15 Mr. Harstad stated that was correct. Councilmember Billings asked if he had a response to the statement that the lots were marked on the plat as unbuildable. Mr. Harstad stated that both of those lots have sewer and water stubs. When it was platted, it was legal to fill in this particular place. Mayor Lund stated that the Wetlands Act of 1991 states that you should not fill in. Councilmember Billings stated in 1994 there was a request to fill in Lot 6. The neighborhood and staff had concerns about preserving as much of the wetland area as possible. That is why in the final agreement, it indicated that the two lots had to be combined to assure in perpetuity that that no one would come in years later and want to fill in Lot 6. Mr. Harstad stated that the house he proposed does not even cross the 25 percent maximum allo�able space for the home to be built on. Councilmember Barnette asked if he requested that the easement be removed. Mr. Harstad stated that he requested it. It was a surprise to him tonight that the lots should be combined. He wanted to thank Councilmember Billings for adding clarification to that. He thought he applied for that request. Councilmember Billings stated that once he applies for the lots to be combined, it is an administrative thing. It is routine in an effort to make it less complicated. Separating thLm requires an affirmative action of the Council. He wants to vote tonight to approve this easement tonight, but on the other hand he is tempted to vote against it so he does not send a wrong message to the neighborhood. He asked if Mr. Harstad would consider a stipulation on the vacation and rededication that there would be no building built on the vacated portion of the easement until 2005. Mr. Harstad stated that he would not because in order to build the house five feet to the south, he would need more side yard between the house and the lot. He does benefit from moving of this easement because it gives him five more feet away from the neighbor to the north. Councilmember Billings stated that the lot is approYimately 106 feet across and asked if Mr. Harstad was going to build a 76-foot wide house. Mr. Hickok stated that the house has a footprint of 2,100 square feet and the lot size is 13,000 square feet. That represents lot coverage at 16 percent. Councilmember Bolkcom asked Mr. Harstad if he would be willing to have a representative from the neighborhood meet with himself and his hydrologist to better understand what all those numbers mean. . , FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 16 � Mr. Harstad stated that he is not willing to spend any more money. He has already done goodwill steps to try to make everything clear. He would extend access to those lots for a look from any other hydrologist. He is not opposed to accepting an offer he cannot refuse for the purchase of the lot. This particular hydrologist that he previously hired may even meet with the neighborhood off the meter. Councilmember Wolfe stated that he listened to the neighbors and they have legitimate concerns, but sometimes it is necessary to vote for a law that we do not necessarily agree with. The law is the law. Mr. Knaak City Attorney, stated that was correct and it has nothing to do with whether or not he can build there. It could have impact on the location of the house. MOTION by Councilmember Wolfe to adopt Resolution No. 27-2001 to vacate a 5 foot portion of an existing utility easement and then re-create a 20-foot utility easement on Lots 5 & 6, Block 2, Innsbruck North 2"d Addition, generally located at 5490 East Danube with the stipulation that the petitioner shall not construct any building or other permanent improvements over the easement area. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Wolfe stated that as far as building expectations, Staff does not let anything slide by that cannot be built. Councilmember Billings thanked everyone for attending the meeting and airing their concerns. He wished there were a better solution. Mayor Lund asked what would happen next. Mr. Hickok stated that Mr. Harstad could apply for a building permit anytime now. 10.5 APPOINTM NT-CITY EMPLOYEE: MOTION by Council ember Barnette to approve the appointment of Greg Tirevold as Payroll Technician. Seconded Councilmember Bolkcom. UPON A VOICE VO E, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UN NIMOUSLY. ll. INFORMAL STATU REPORTS: Mayor Lund stated that he atten d the Islamic Center's neighborhood picnic on Sunday. There was a very large audience there nd he was impressed by the nice people and the gracious hospitality. � _ CIIYOF FR[DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE May 23, 2001 Forrest Harstad 2197 Silver Lake Road New Brighton, MN 55112 Dear Mr. Harstad: On Monday, May 21, 2001, the Fridley City Council officially approved your request for a Vacation, SAV#01-04, Res. #27-2001, for the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement, generally located 5490 East Danube Rd. Approval of this vacation, SAV #01-04, is contingent upon the following stipulations: 1. Petitioner shall not construct any buildings or other permanent improvements over the easement area. If you �iave any questions regarding the above action, please call me at 763-572-3590. 1 Since ly, � ' �� Sc t ickok ...:a, n i.. -.:.� n•,_ �_., ��;�i.ii ii.y" v�vvGiv�io i IGirii ✓i�c\.ivi SH/jt C-01-72 cC: Keith & Diane Harstad Vacation File Address File Assessing Dept. GIS Dept. Special Assessing Dept.-Sharon Mary Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by June 4, 2001. � . .:._, , _. ._ � �- ;- -- ��—�-.'-____ _� . Concur with action taken. �- c�{--�a--�,(l-��-�- o b J J P,�,� �' t�... STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION CC�UNTY OF ANOKA ) �ITY OF FR�'��EY ) In the Matter of: A Vacation Request, SAV#01-04 Owner: Keith Harstad and Diane Harstad The above entitled matter came before the City Council of the City of Fridley and was heard on the 21 st day of May, 2001, on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: For the vacation of a drainage and utility easement, and to rededicate the drainage and utility easement,generally located approximately at 5490 East Danube Road, the legal description for both are as follows: Proposed Drainage and Utility Easement to be Vacated: The northeasterly five feet of the southwesterly 10 feet of Lot 5, Block 2, INNSBRUCK NORTH 2ND ADDITION. Anoka County, Minnesota, except the northwesterly 40 feet and except the southeasterly 10 feet thereof. Proposed Drainage and Utility Easement to be Created (Rededicated): Jl NGI'./GIUGi CiGJG11Ivi Ia fVi ui Gi11Ql�J.I'i Qi II�A uiiiii�l �ui�vJVu vl l� vV�i� �i fuvi� Gi 14 iAV�V�n.l�^.I ii lini southwesterly five feet of the northeasterly 10 feet of Lot 6, Block 2, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approved with one stipulation. See City Council meeting minutes of May 21 st, 2001. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the�day of , 200L. DRAFTED BY: City of Fridley , 6431 University Avenue N.E. r k : �• Fridley, MN 55432 Debra A. kogen, City Clerk � W ��, ,, ,,..w »k;� , .• �eq � , �,� ' '. � �� r.�, �, ,;• , c � sr� � R�� :�.! � . � ; �. i ,�; A �$C��,� : } `:+ , , ',. :,/� .�. `` : r;,�! '+•....��''ti�l,s' . r'�� j� .,�t',`x .,� \y ��_ RESOLUTION NO. 27-2001 RESOLUTION TO VACATE A 5' PORTION OF AN EXISTING UTILITY EASEMENT AND THEN RE-CREATE A 20' UTILITY EASEMENT ON LOTS 5 & 6,BLOCK 2,INNSBRUCK NORTH 2ND ADDITION,GENEKALLY LOCATED AT 5490 EAST DANUBE. WHEREAS,The City Council approved the utility vacation and re-creation request, SAV #01-04, for LOTS 5 &6,BLOCK 2,INNSBRUCK NORTH 2ND ADDITION at the May 21,2001 meeting; and WHEREAS,The storm drainage pipe is not centered in the current easement; and WI�EREAS,This vacation and re-creation of the ease�nent will center sa��drainag�pi�e within the easement area; and WHEREAS,The centering of said drainage pipe within the easement provides the room necessary to repair pipe as needed. NOW,THEREFORE,BE IT RESOLVED that the City of Fridley vacate the northeasterly 5 feet of the southwesterly 10 feet of Lot 5,Block 2,INNSBRUCK NORTH 21'1D ADDITION,Anoka County,Minnesota, except the northwesterly 40 feet and except the southeasterly 10' thereof. ��V BE IT FURTHER RESOLVED that the property owner re-create a 20' easement by combining the remaining 15' of the existing easement with the granting of a perpetual easement for drainage and utility purposes on, over,under, and across the southwesterly 5 feet of the northeasterly 10 feet of Lot 6,Block 2,INNSBRUCK NORTH 21''D ADDITION, Anoka County,Minnesota. PA5SED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 21'`DAY OF MAY,2001. Cv� S TT . L -MAYOR ATTEST: DEBRA A. SKOGEN-C Y CLERK �..._ �� FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 7 10. RESOLUTION NO. 27-2001 TO VACATE A 5-FOOT PORTION OF AN EXISTING UTILITY EASEMENT AND THEN RECREATE A 20-FOOT UTILITY EASEMENT ON LOTS 5 AND 6, BLOCK 2, INNSBRUCK NORTH 2' ADDITION, GENERALLY LOCATED AT 5490 EAST DANUBE ROAD (SAV #01-04, BY FORREST HARSTAD) (WARD 2): Mr. Bolin, Planning Coordinator, stated that Mr. Harstad is seeking to vacate a five-foot portion along the northerly portion of an existing utility easement and then grant an additional five feet of utility easement along the southerly edge. A public hearing on this request was held at the N1ay 2 Planning Commission meeting, and the neighbors objected to building on this property. A motion was made to approve the vacation unanimously with one stipulation. Staff recommended that Council concur with the Planning Commission and grant approval of this request with one stipulation. Councilmember Billings ask:.�i �i ti�e easerr.�n¢ rans aio:�b the lc�± li:::: �+etween Lots � anc: 6. Mr. Bolin stated that was correct. Councilmember Billings asked if there was a possibility of Mr. Harstad wanting to build a house on these two lots. Mr. Bolin stated that the proposed home would be on Lot 5 with the two lots being combined into one property. Lots 5 and 6 are one tax parcel. Councilmember Billings asked how far the existing northerly line of the existing easement was from the lot line. Mr. Bolin stated that it is ten feet from the lot line. Councilmember Billings stated that would be a side yard setback for a building on the lot. Mr. Bolin stated that it is a ten-foot setback for living area with a five-foot setback for a garage. Councilmember Billings asked if there may be some other reasons a home is not wanted on Lot 5 and what impact will the vacation have on the ability to builci a home. Mr. Bolin stated that it would have no impact on the ability to build a home. The vacation would give the petitioner an additional five feet to move the home around on this site. The petitioner could build on this lot with or without the vacation. Councilmember Billings stated that this would have no impact on the developer but could have a large impact to the City if it had to be dug up. Mr. Bolin stated that was correct. FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 8 . Councilmember Wolfe stated that the action Council is being asked to make does not have anything to do with the neighborhood's questions. Mayor Lund stated that the neighborhood should be heard though. Mr. Rick Schroeder, 5497 East Danube, stated that he is surprised that these two lots are combined. This gives more area for a much larger building and his main concern is that this large building will make for a watershed and property damage concern. The hydrology test was completed in 1999 which was one of the driest years. There are changes in the watershed. The first lot is wetland and unbuildable. There have been two one hundred year floods in the last 4 years. Mr. Haukaas, Public Works Director, stated that the hydrology test was based on a ten-year return frequency, which is to measure a storm expected once every ten years. It equivocates to slightly over 4 inches of� rain ii� a 24��hour period. The siudy compared wtiat that amount of rain would do to the elevation of the existing pond, regardless of what the starting water level was. The pond that backs up to this property would raise approximately 1/4 inch. Councilmember Billings asked if the City was aware of any water problems after the construction of Medtronic's building. Mr. Haukaas stated that they are not aware of any. Mayor Lund stated that the existing two lots look like the lowest lots to him. Ms. Pat Freeburg, 5557 East Danube Road, stated that sne took photographs to show what has happened to Farr Pond and what it is doing to water and saturation levels. The photographs show that the ground is saturated and has standing water. There is drainage on Farr Pond but if more water is put into the pond than it can handle it will back up. Ms. Freeburg read the letter written to the Rice Creek Watershed District regarding the adversely affected drainage systems should there be a house built on those lots. - MOTION by Councilmember Barnette to accept the letter. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Freeburg stated that soil samples have been taken from the mounds of dirt that were dumped by the sides of these two lots. The samples were taken from the tops of the mounds. They request that building on these lots not be permitted. Ms. Ann Ulrich, 5505 West Danube Road, asked why moving the easement was being discussed prior to a house being planned or approved. This is also the first time they have heard about the lots being combined. _ FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 9 Mr. Bolin stated that they were combined two months ago and does not require action from the City Council. Ms. Ulrich stated that the intent of moving this easement was for ease of any work that needed to be done as a result of the home being built on this parcel. Until this point it had not needed to be moved. Mr. Lund stated that it is in the best interests of the City to move this for accessing. Councilmember Billings stated that the City has a right to work on a 20-foot piece of property to do any repairs. Currently this pipe is only three feet away from the edge of the 20-foot strip. We need the pipe centered so that if it needs work, it can be done at the most reasonable cost to the citizens of Fridley. The City only has a legal right to work on that portion of the property on which they have an easement. Mr. Norm Schulz, 5535 West Danube Road, stated that water is encroaching on his property. He asked what action the neighbors should take if water floods their homes because a home was built on that property. Councilmember Billings asked Mr. Knaak what could the City do to prevent the building of a home on those two lots. Mr. Knaak stated that if the City had a let that met all the standards, which zppears to be the case here, a builder could force the City to issue the permits. The City would be required to permit construction and pay the attorney's fees. Councilmember Bolkcom asked what recourse the neighborhood has if there are issues of runoff afterward. Mr. Knaak stated that it would be a private course of action against the property owner if the water from the property causes damage. Mr. Rick Nye, 5477 E. Danube, stated that the land was supposed to be unbuildable and there has been illegal dumping there. He asked why this was being considered. He said they have maps of the pond and what was filled in. Mayor Lund stated that a 1986 permit was issued to do some fill work on the site. In 1994 a proposal to put some fill on the southern side of the lot for home construction was denied. Someone had permission to do some fill work. Ms. Freeburg stated that Mr. Harstad does not deny that there was illegal filling. They deny that they are the ones who did it. There was a permit given in 1986 to do fill and they did not do it. Sometime after that but before 1993, the pond was filled with no permit so it was illegal. There would not have been enough buildable land to put a house there if there was no illegal dumping. FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 10 Mr. Hickok stated that in 1994 Fridley was in a dispute with the Harstads regarding the amount and type of fill, and whether or not it affected the wetlands. There was a great deal of proof the Harstad's needed to provide about the dumping. The determination was made by professionals that this dumping did not detrimentally affect the wetland. It was determined that if a home were to be built, it would be built outside of that filled-in area. A letter was then sent to the Harstads regarding what they needed to build on those lots. Mr. Merle Peterson, 5495 West Danube Road, stated that he had pictures that represented where the house was to be built on the property and the water, vegetation and trees around it. The area that was filled used to be all water. Now there is less area for the water space. Additional water in people's basements is probably because of that fill. If there is any water area damaged by construction it will raise the ground water higher than it already is. Mayor Lund asked how quickly the pond lowers after the spring thaw. Mr. Peterson stated that the area is still totally saturated. The neighbor's lots are all spongy. The area should be cleared out and restored as it was before to reduce the water problems. Mr. Harstad has said he will be removing all the trees and there are some large trees that people enjoy. There is also wildlife there. Mr. Harstad showed him the property he was going to build on Lot 5. The actual easement had the house plans right across it. After the easement is moved, his house would no longer be sitting on the easement itself. Having the easement removed will benefit Mr. Harstad. Mr. Karl Breitbarth, 5477 East Danube Road, stated that Mr. Harstad is looking at building 35 feet from the street. The houses are all aligned along the street and his house will be farther out towards the street which will present a safety issue. It will also take up a lot of the water area. The house should be set back farther but that will force the water in the back elsewhere. Mr. Bolin stated that the house cannot be more than six feet in front of the neighboring houses. There is a fifteen-foot boulevard, and the other homes are right around the 35-foot setback. Councilmember Bolkcom asked Mr. Bolin how close the house could be built. Mr. Bolin stated that it could be 29 feet from the property line. Mr. Roman Zownirowycz, 5527 East Danube Road, stated that Mr. Harstad indicated that he would not move the house back because it would cost $500 more for the driveway. The nanny quarters would have its own separate entrance and he is going to turn this house into a twin- home or a triplex with no intention of living there. Councilmember Bolkcom asked if the placement of this house would cause any sightline problems. Mr. Haukaas stated that the radius on the curb is 478 feet. It should not create a problem. . FRIDLEY CITY COUNCIL MEETING OF MAY Z1,2001 PAGE 11 Councilmember Wolfe stated that from the front of the existing house, they could only go six feet past. If they go 35 feet from the curb,they will still have to add 15 feet. Mr. Breitbarth stated that it would still stick out from the other houses. Ms. Kathryn Schulte, 5�54 East Danube Road, stated that they had standing water in the corners of their yard and their trees died. Her fear is that all the houses backed up to the pond will lose all their trees. A lovely neighborhood would change dramatically. Ms. Ulrich stated that she backs up to the property across the pond. She has spoken with two of the previous owners. One was frustrated because this issue was being raised again when it was proven_before that it was unbuildable. His comment was that the Harstads waited long enough until the City Council turned over to try again, hoping people forgot about these issues. It is hard to believe that there are enough flat surfaces to build on that land. Mr. Harstad said he would have to bring in fill and a r•etain:ng wall. Ti1at will affeci �he :�atur�.i drainage into tne pond. The former neighbor was concerned about the water you cannot see and that would mean the rising of the ground water table. It was proven at that time that the water levels would rise. Ms. Ulrich indicated that she had a letter from Ms. Teri Raymond, 5595 West Danube Road, which stated that a Public Works employee told her that they checked the drains to make sure they were not clogged. This employee stated that someone was thinking of building on East Danube Road. It was also expressed that it would not happen. MOTION by Councilmember Wolfe to receive the letter. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gretchen Schroeder, 5497 East Danube Road, stated that she also spoke to the sewer supervisor. He was helpful in assisting with a sewer problem and assured her that the property would not be built on because of the sewer situation. We are getting conflicting information from the City. The concern is that the water would affect the pond and homeowners. Councilmember Bolkcom askec� Mr. Haukaas if ne was aware of any se�ver issues re;atin� to this property. Mr. Haukaas stated that he did not know of any sewer issues. The reason the supervisor went out there is due to a request by residents to verify that everything was working properly. He was giving his opinion about the lot being buildable. Councilmember Billings stated that combining lots is an administrative action on the part of the City and County. Separating lots requires affirmative action by the Council. If a home gets built here, someone cannot go to staff and say that they want to split a lot without affirmative Council action. FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 12 . Mr. David Blank, 5544 East Danube Road, asked when the permits to build would be issued. Mayor Lund stated that there would not be a meeting for that. Mr. Harstad has met requirements for building on that lot and this action is totally separate from that. Mr. Blank stated that the lots are so shallow and his house is about 100 feet long and ten feet wide. It is the wrong house in the wrong place and is not going to do anything for the street. Mayor Lund stated that Mr. Harstad has to follow the building codes. Mr. Blank stated that it is the City's responsibility to protect their homes and their values. Cou.ncilmember Billings stated that the legislature gives the City the right to establish where lots are and there are building codes. There are drainage requirements and requirements by the City Council. The City has the same responsibility to every properfy owner. If Mr. Harstad meets these requirements, the City cannot unilaterally decide that he cannot build. The neighborhood could-buy it and own it and control what happens to it. Ms. Freeburg stated that the property was tax forfeit and the people tried to buy it but the City would not let them. Councilmember Billings stated that if that were the case, the City probably would not have sold it. There are so many years property can be in arrears in taxes and the County handles that. If there is damage to homes, litigation is an opiion. The hydrologist said that the water would not rise any more than 1/4 inch and Farr Lake not more than 1/50 inch. It has been determined by the Rice Creek Watershed District that this report is accurate. Mr. Schroeder asked why when they have less waterfall does the water rise so much? Councilmember Billings stated that the hydrology report states that based on the square feet of the home to be built, it will impact the water levels by a 1/4 inch more. Mr. Schroeder asked if the maximum allowable area to be built on is based on the platted lot dimensions. Mr. Hickok, Community Development Director, stated that the combination of lots would allow the lot area to be used in 25 percent of that lot area. Mr. Schroeder asked what the zoning was for mother-in-law apartments. Mr. Hickok stated that this lot is zoned R-1, Single Family Residential. When the plans come in for review, anything other than single family will not be permitted in this district. There is a review that takes place after the permit is issued. The ordinances do not allow a secondary apartment in a single-family structure. , FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 13 Mr. Zownirowycz stated that strong constraints should be put on Mr. Harstad not to allow him to do that. It is outrageous for him to combine the lots and change the look of the entire neighborhood. It is not effective government control. He has concerns of the safety of the curb and it is a shortcut from one high school to another high school. It is hard to see very far down that road. One of his children has ADHD and it is surprising that Mr. Harstad would not be concerned for the safety issues. In 1987 they backfilled that lot, and in 1998 he had his first basement flooding problem. The Harstads said they would not build on that property. Mr. Hickok stated that he does plan to have a crawl space which conforms to the code. Ms. Freeburg stated that in 1994 someone wanted to add an addition to the front of their house but it did not fit with any other houses on the lots. They did not get permission to do it and perhaps the law has changed since then. People buy in this area because it is rustic and this house will have four garage doors facing the street making it look like a townhouse from the back. She asked �vhat the neighborhood's recourse was when iv1r. Harstad turns it into a multi- dwelling house. Mr. Breitbarth stated that moving the easement would benefit the builder of this lot to allow five more feet to build a wider house. Ms. Ulrich stated that there are a number of neighbors who had water in their basements. She asked if Council would consider doing another hydrologist test. Councilmember Wolfe stated that he believed one had already been done. Mr. Hickok stated that a second analysis was completed, and there should not be any reason for a third analysis. Mr. Haukaas stated that staff reviewed Mr. Harstad's hydrologist study and the City's analysis is not as detailed. The City did some analysis and there was no significant difference from Mr. Harstad's. Ms. Ulrich asked if a significant study could be done at this time. Mr. Haukaas stated that the second study was an in-itouse review. Councilmember Wolfe stated that he thought the neighborhood wants different soil boring tests taken. Mr. Haukaas stated that soil borings and the hydrology review are two separate things. Stortn water calculations do not take into account water levels. It is a comparative analysis. Councilmember Bolkcom asked what it would cost if the neighborhood or the City were to request another similar hydrologist study. Mr. Haukaas stated that he would guess it would be around $150 per hour. FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 14 ,� Councilmember Bolkcom asked if the neighborhood could benefit by having a conversation with the Rice Creek's Watershed engineers or Mr. Harstad's hydrologist? Mr. Haukaas stated that because of the size of this project, the Rice Creek Watershed District normally does not get involved in these analyses. Councilmember Bolkcom stated that possibly they could address the concerns and it would not hurt to ask. Mr. Haukaas stated that they could possibly look at this. Mr. Hickok stated that the Rice Creek Watershed District was involved in the study in 1995 and at this point the Council could ask them to have more soil tests done. N1s. Ulrich stated that it is atypical and new to her to have to cc�me back again and again on the same issue to try and not have this built on a lot that appears to be non-buildable. Ms. Janet Steppe, 5�28 West Danube Road, stated that she is concerned because her backyard is near the pond. She was not aware that the dumping had occurred. Her backyard is very saturated. She asked if the pond could be dug out to offset all the water. Councilmember Billings stated that the water would spread out to fill a certain level no matter how big it is. There is a pipe that drains the pond on the east side over to Farr Lake. Even if you make it deeper it will still fill up to the pvint that it needs to be for the drain. Ms. Steppe stated that her house has never flooded. Mr. Harstad, 2197 Silver Lake Road, New Brighton, stated that he is a seasoned developer. He has been doing nothing but residential constniction for over 20 years. He has worked with Mr. Hickok before on a project in Apple Valley. He and his father have had development projects in Fridley. He said he lives in Fridley and would like to continue to live in Fridley. He indicated that he would like to clarify some things that have been said at this meeting. He said he designed this house and has every intention of living in it. He indicated that he did not have to request to move the easement to build this particular house. The illegal filling was not illegal. There has been illegal d�.�mping on this lot a�ld they do not know who did it. It was on top of dry soil, not in the water. The Harstad reputation is something to be proud of and this development was not a Harstad development. There was never a house presented to be built on either of these lots that was turned down. There was a request for additional filling in Lot 6 that was turned down. The lot does not need more filling but they would likely haul in black dirt. He said his family owned these two lots for many years and he is now ready to use the lot. He invited the neighbors to have this conversation. He would be proud to live and work in the City. He thanked everyone for listening, and apologized for taking up so much time. Councilmember Billings asked if the soil borings were taken on top of the mounds so as not to go down as far? Were they taken close to where the footprint of the building is expected to be? . � " FRIDLEY CITY COUNCIL MEETING OF MAY 21, 2001 PAGE 15 Mr. Harstad state�' that was correct. Councilmember Billings asked if he had a response to the statement that the lots were marked on the plat as unbuildable. Mr. Harstad stated that both of those lots have sewer and water stubs. When it was platted, it was legal to fill in this particular place. Mayor Lund stated that the Wetlands Act of 1991 states that you should not fill in. Councilmember Billings stated in 1994 there was a request to fill in Lot 6. The neighborhood and staff had concerns about preserving as much of the wetland area as possible. That is why in the final agreement, it indicated that the two lots had to be combined to assure in perpetuity that that no one would come in years later and want to fill in Lot 6. Mr. Harstad stated that the house he proposed does not even cr�ss the 25 percent maximum allo�able space for the home to be built on. Councilmember Barnette asked if he requested that the easement be removed. Mr. Harstad stated that he requested it. It was a surprise to him tonight that the lots should be combined. He wanted to thank Councilmember Billings for adding clarification to that. He thought he applied for that request. Councilmember Billings stated that once he applies for the lots to be combined, it is an administrative thing. It is routinz in an effort to make it less complicated. Separating them requires an affirmative action of the Council. He wants to vote tonight to approve this easement tonight, but on the other hand he is tempted to vote against it so he does not send a wrong message to the neighborhood. He asked if Mr. Harstad would consider a stipulation on the vacation and rededication that there would be no building built on the vacated portion of the easement until 2005. ' Mr. Harstad stated that he would not because in order to build the house five feet to the south, he would need more side yard between the house and the lot. He does benefit from moving of this easement�eca�.se it gives him iive mcr? f��t a��ay :`.rcm the r.ei`jE1�'Or t0 the not•th. Councilmember Billings stated that the lot is approximately 106 feet across and asked if Mr. Harstad was going to build a 76-foot wide house. Mr. Hickok stated that the house has a footprint of 2,100 square feet and the lot size is 13,000 square feet. That represents lot coverage at 16 percent. Councilmember Bolkcom asked Mr. Harstad if he would be willing to have a representative from the neighborhood meet with himself and his hydrologist to better understand what all those numbers mean. FRIDLEY CITY COUNCIL MEETING OF MAY 21,2001 PAGE 16 , Mr. Harstad stated that he is not willing to spend any more money. �-Ie has already done goodwill steps to try to make everything clear. He would extend access to those lots for a look from any other hydrologist. He is not opposed to accepting an offer he cannot refuse for the purchase of the lot. This particular hydrologist that he previously hired may even meet with the neighborhood off the meter. Councilmember Wolfe stated that he listened to the neighbors and they have legitimate concerns, but sometimes it is necessary to vote for a law that we do not necessarily agree with. The law is the law. Mr. Knaak City Attorney, stated that was correct and it has nothing to do with whether or not he can build there. It could have impact on the location of the house. MOTION by Councilmember Wolfe to adopt Resolution No. 27-2001 to vacate a 5 foot portion of an e:cisting utility easc;ment ��nd th�:;n re-create a 2�-f.ont utili�y e��sement on Lots 5 � 6, Block 2, Innsbruck North 2"d Addition, generally located at 5490 East Danube with the stipulation that the petitioner shall not construct any building or other permanent improvements over the � easement area. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Wolfe stated that as far as building expectations, Staff does not let anything slide by that cannot be built. Coanci�member Billings thanked everyane for attending the meeting and airing their concerns. He wished there were a better solution. Nlayor Lund asked what would happen next. Mr. Hickok stated that Mr. Harstad could apply for a building permit anytime now. 10.5 APPOINTMENT- TY EMPLOYEE: �10�I'ION by Counc;ilmembe Ba��nette to ap�rove ?he appointmet?r of Gi•�g Tirevo'td a� Payr+�ll Technician. Seconded by Cou cilmember Bolkcom. UPON A VOICE VOTE, LL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANI OUSLY. 11. INFORMAL STATUS ORTS: Mayor Lund stated that he attended t e Islamic Center's neighborhood picnic on Sunday. There was a very large audience there and e was impressed by the nice people and the gracious hospitality. � ABSTRACT , , , , Receipt#�l�`C� �`[�� ❑ Certified Copy Date/Time:� � �� Date Mailed DOCUMENT N0. 15 8 2 2 3 3 . 0 ABSTRACT Doc.Order ` of � � TaxLiens/Releases ANOKA COUNTY MINNESOTA ❑ Multi-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFF�CE ✓by: Pins: L� FOR RECORD ON JLTN 2 7 2 O O 1 Recordability/Del� ❑ Transfer AT 5 : 0 0 PM AND WAS DULY RECORDED. ❑ New Desc. FEES AND TAXES IN THE AMOUNT OF $19 . 5 O PAID. Filing Fees � 1 �l� ❑ Division ❑ GAC Well Certificate ❑ Status RECEIPT N0. Received this Date: �❑ Def.Spec ��0��EV/NE Anoka County Recorder ❑ Other / 1�No Change ANOKACOUNIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES �/ ` Notes: MLE av DEPU7Y PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES