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PS03-01� . _ CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 763 572-3592 � ) COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: Plat Lot Spiit PROPERTY INFORMATION: (site plan required for submittal, see attached) Address: / ►5 2. � Il?D No27Dn� � � , �i�l1�EY � /yl� Property Identification Number: ' Legal Description: Lot�_ Block TracUAd ition L�uoir�2- -S��iDiv �9 /�].Z . Current Zoning: I 15z -�- 3 1 o Square footage/acreage: l '� tZ �• c� Reason for Subdivision Have you operated a business in a city which required a business license? Yes No�_ If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No ��....�..��_��..��_�_�_��_��..�_��_��..��..��..�_��..��.. FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners mu� sign this form prior to processing.) NAME: � AD D RE SS: Z, � � � � 32 !70 ,�.t�� ,�.,� DAYTIME PHONE: 7ro 3 S'S�� o,��SIGNATU E/DATE: ` !"2— ,3 ��__��..��_��_��_�_____........��.._�._��..�_..__��_� ��_�� PETITIONER INFORMATION � , NAME: ��e.� ADDRESS: X Z 3 � L� CjlrC 3 DAYTIME PHONE: --3 SIGNATURE/DATE: Z ��.,,..,..,��..,�..,..,..,�...�_��..,�....,��...�..,...��,..�..,��..._..,.....,..,...��_....,��_..,_...�..�� ...�� FEES �D Plat: 00.0 for 20 Lots, $15.00 for each a d'tional lot Total Fee: `� Lot Split: $250.00 Receipt#: �� Received By: Application Number: — Scheduled Planning ommission Date: �-I��-L�_.-� Scheduled City Council Date: ='-- _ 10 Day Application Complete Notification Date: I � � 60 Day Date: � - � -�;_: � it f F ' rid le L Q and U � se Y � licati n pp o Process 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 � ' � , ; � � Approved, Action Taken Letter � Application Complete � , ; 1 C 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 Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits ' - - - _ . _ CIIYOF FR[DLEY � FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 January 27, 2003 Michael Juaire PO Box 43543 Brooklyn Park MN 55443 Dear Mr. Juaire: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 working days if their land use applications are complete. We officially received your application for a plat and rezoning on January 17, 2003. This letter serves to inform you that your applications are complete. Your Plat and Rezoning application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on February 19, 2003 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. The City of Fridley City Council will take final action on your preliminary plat and rezoning on March 3, 2003 at 7:30 P.M. If you have any questions regarding this letter or the process, please feel free to contact me at 763-572-3595. Sincerely, �� Stacy S mtrerg Planner C-03-11 ��u� %�;<;�t:S -- �� y� ��; ��'_5 City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planni�g Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday,February 19,2003,at 7:30 p.m. for the purpose of: Consideration of a Plat, PS 03-01, by Michael Juaire,to plat for a townhome devel- opment, legally described as part ot Lot 11, Auditors Subdivision 89, (full legal descrip- tion on file),generally located at 1152 Norton Avenue NE. 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 per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 763- 572-3500 no later than February 13,2003. The TDD number is 763-572-3534. DIANE SAVAGE CHAIR PLANNiNG COMMISSION (February 6&13,2003)F2/Juaire plat I 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, February 19, 2003, at 7 :30 p.m. for the purpose of : Consideration of a Plat, PS 03-01, by Michael Juaire, to plat for a townhome development, legally described as part of Lot 11, Auditors Subdivision 89, (full legal description on file) , generally located at 1152 Norton Avenue NE. 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 February 13 , 2003 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: February 6, 2003 February 13 , 2003 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1152 Norton Avenue NE. CASE NUMBER: Plat, PS 03-01 and Rezonin , ZOA #03-01 APPLICANT: Michael Juaire Petitioner or re resentative must attend the Plannin Commission meetin . PURPOSE: Plat - to plat for a townhome development. Rezoninq —to rezone from M-1, Light Industrial, to R-3, General Multiple Units, to accommodate a townhome development. LOCATION OF 1152 Norton Avenue NE. PROPERTY AND LEGAL Lot 11, Auditors Subdivision 89 (full legal description on file). DESCRIPTION: DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, February 19, 2003, 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 HEARING: 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 February 13, 2003. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Paul Bolin, Planning Coordinator, at 763-572-3599 or Stacy Stromberg, Planner, at 763-572-3595. Publish: February 6, 2003 February 13, 2003 . t �� Clty Of Rezoning Request #03-01 for 1152 Norton Ave. �,r�� '�� FrlClley Plat Request #03-01 for 1152 & 1170 Norton Ave. ` U I I I � I I I I I � �--a- 73rd Avenue � cD � �' 2 c a� > I � � Norton Avenue � a� U -- �� — , ; W -- , �.,'�"s,�------�_ _—_--- �. ,.�. �� j yy � (t �, ��7 ,�6 ,� �1 4 r �1 3 ��ii � ��E'. �� t a€j��{ ��' ''.� t��f�d3 —�. ��,,, , i T_� � 1` '; I , r----- � �°-� r 4 � � � >.. : , . ;i ,: � � �`�� '�3.i�� ; ��. . . ..._. .. . _ _ � 'u�k�dnf... .. . .. .. .. _ L E G E N D N Sources: Petitioner. A Fridley Engineering � Fridley GIS Michael Juaire AnokaCountyGlS PMJ Group, Inc. Map Date: 2/10/03 Bad Address 2 Bad Address 3 BURKSTRAND L E &A M & ETAL FRIDLEY,MN 55432 FRIDLEY,MN 55432 1200 NORTON AVE NE FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT CURRENT RESIDENT 1200 72ND AVE NE 6951 CENTRAL AVE NE 7101 HIGHWAY 65 NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 CURRENT RESIDENT CURRENT RESIDENT EDRIC ASSOCIATES 7151 HIGHWAY 65 NE 7191 HIGHWAY 65 NE 5024 NORMANDALE CT FRIDLEY,MN 55432 FRIDLEY,MN 55432 EDINA,MN 55436 GRAY CHARLOTTE L HARSTAD DONALD W ITZEN NEIL I 1170 NORTON AVE NE 5417 W BAVARIAN PASS NE 1175 NORTON AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 KOSKINIEMI GERALD S & SANDRA L MABEL CYNTHIA J MARCIL ALBERT L 881 PANDORA DR NE 1214 NORTON AVE NE 1152 NORTON AVE NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 I MEDTRONIC INC MUESING PAUL & CRONWELL R L NORTON ANN T ' 7000 CENTRAL AVE NE 1237 NORTON AVE NE Bad Address 1 FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 PRATER MATTHEW E & LEANNE M ROSECRANS ROBERT C &J A STANKE EDWARD A& BARBARA A 1215 NORTON AVE NE 1163 NORTON AVE NE 7091 HIGHWAY 65 NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 THE ROMANO &JORGENSON PTNSP 7199 HWY 65 NE FRIDLEY,MN 55432 � T-►� � ��S (��5 �� ,��T� � , ��U� �� S 1 C�' I �C��-- �►��S �� '� � ' .., ,. � � �, � S��-T� �� 1 �� , � � � P � �.-�, T� � ��-�P �� _ � � � � �C . _ . ..-� . _ . , j � �f � � . .�.�- � ' � 1-- . . -- ,��. -- f — =--�_ -� �.t - , __ ,��_ _ ,� . �: o -� �— f�-1�— ___ �� _ ___ — , � � �X : � �, ..�� _ �-__--�--____— _ C yr�rKr�}� , .. �_.__ . �' ��.� °f — r- ' . — ___ —-- r �> � ... _.-_.. .... �..��! � i �Y `7' � ..�� . .. � �.. � ,. . . . , ..�_ ._.. �� .�---- -- ... .. ` � . , .. - __._. .,. _ _. ; - � /c' ? c: � ,.r , � - � ��. � . ._.__ � . _ F .� = t. .. ^�'� /,. :.. � .. 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' . �° ` ��-- p j� ,'� 3 S�,�� - � -, �___ �_ � � ----- / � � . . � , �.� r-- �._ .5_ .__.----- . ._.1�✓ � ...Jl�.�. -`''IL� � . v-___ : '� . � .� p . . � � � � X' �:A .. ,� �� ----_+. . _��`.�i�'.��`��,�` . • ii F�� `� ,� ` -S"7l-� ��.� ` , l v � ��.:�. - -- �. — -- _ . , , � �, f� �''�' � ��- ��ti�`��' " ,,� � � .. _ ��• �'p.i.,n�z,pr��,�i,�9.n� � . . l Ll�.� � �� ,f _ ____---' � . — �� c�ds�w�@ h��.nr,ca�w �.,> > ,.,,...,. ' 7f��7� -�� -� + —7U� 6 � APR-30-2003 17�04 RICE CREEK �ATERSHED 651 766 4196 P.01�03 � ••,�.- . -3� - �� " .� _ r ( ~ .. . ..._.......---..._.._._._..... ........------_-_.._............., Il ��`�►� ��`�� V�� .._......._......_--•--__�._...._., `l�� . :. _. .__. ._ � � �;,. •�- �. - 4325 Pheasanc Rid$e Dr.NE �i611 • 9laine,MN 55449-3070 'ZL... ��..� Phone:763-398-3070 • Fax:763-398-3088 �\� b�vvw�.racee��eek�nrc'�.�ort� ��`��". DATE: .�pri130 �n�� TO: City of Fridley � FAX#: FM: �ar� �-►amm rs - RE: 03-018 #OF PAGES: 3 (INCLUDING COVER) [X] Only copy you will receive [ ] Original follows by mail. APR-30-2003 17�05 RICE CREEK WATERSHED 651 766 4196 P.02iO3 RICE CREEK WATERSHED DISTRICT PFRMIT NUMBER: 03-018 4325 PHBASAN7 RIDGE DRIVE, SUITE 611 C: City of Fridley BLATNE,MN 55449 District Engineer PH#763-398-3072 FX#763-393-3088 RCWD Inspector RCWD�ile Consulting En�ineer P�RMIT Pursuant to the Rules and Regulations of the Rice Creek Watershed District and the District policies and standards, and based upon the statements and i.nformation contained in the permit application, letters, maps,and plans submitted by the applicant and other supparting data,all of which are made a port hereof by reference,permission is hereby granted to the applicant named below to conduct the activity described below: Name ofApplicanl(Pernuuee) Project name SureryAmount Caunty Michael Juaire Norton Manor, Ist �1,500.00 received 4/30/Q3 Anaka Address(No. &Street, C1ty,State,Zip code) PN1J Grou , Inc., P.O. Box 43243,Brooklyn Park, NIN 55443 Phone#'s Fax Cell Phonc Misc. 763-315-4399 763-315-3994 ,4uthorized to/Purpose ofProject: Land Development Plan for a 8 town home units to be lrnown as Norton Manor, 1�`Addition, tributary to"Norton Creck"i.n aecordance with the Grading,brainage, and Erosion Control Plan r ared by R Nelson En 'neerin , dated A ri14, 2003,received A ri18,2003. Propc•rty Location Date ojlrsuance Expiration Date I 170 Nnrton Avenue NE,Fridley A ri130,2003 October 29,2004 This pernait is g�anted subjact to the followi.ng GENERI�IL and SPECIAL PROVISIONS: GENERAL PROVISIONS 1. The project shall be in accordance with the plans most receatly submitted and approved by the District as part of the record of this project. 2. Erosion control measures shall be adequately desi�ned for the site characteristies. They may include staked haybales, diversion channels, sediment ponds, or sediment fences. They shall be i.nstalled in accordance with "Protectin� Water Qualitv in Urban Areas—Aest Mana�ement Practaces_for Minnesota." MPCH., October 1989, prior to commencement and shall be maintaxned throug�out the project. All exposed soil shall be stabilized as soon as possible and no later than 14 days after the completion of the grading. The District Inspectar may r�quire Perm.ittee to provide additional erosion control measures beyond those included in the approved plan at his discretion when site canditions�arrant. 3. The soils erosion and sediment controls for the roug� grading phase of the project must be installed prior to an.y grading opzrations. The 17istrict Inspector must be notified when the initial erosion controls are installed and prior to any grading operations(763-398-3074):- 4. Upon eompletion of the project and stabilization of all graded areas, all temporary erosioa controls shall be removed. 5. This permit is not assignable b�+the Permittee, except with the written cons�nt of the RCWD. 6. The Permittee shall �rant access to the site at all reasonable ti.mes during and after construction to authorized representatives of tht RCWD for inspection of the work authorized hcreunder. APR-30-2003 17�05 RICE CREEK WATERSHED 651 766 4196 P.03�03 7. In all cases where the Permittcc, by performing the wark authorized by this permit, shall i.avolve the taking, using, or dama�ing of any properiy rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before proceeding, shall obtain ttte written consent of all persons, agencies, or authorities concemed, and shall acquire all property,rights and interests needed for the work. 8. This permit is pernaissive only. No liability shall be imposed on the RCWD oY any of its officers, agents, or employees, officially or personally, on account of the granting hereof or on account of any damage to any person ar property resulti.ng from any act or omission of the Permittee or any of its a�ents, employees, or contractors. This permit shsll not be construed as estopping or limiting any legal clai.ms or right of action of any person against the Permittee, its agents, employces or coniractors, for any damage or injury resulting fram any such act or omission, or as estopping or limitin�any legal claim or right of action of the RCWD against Ch�Permittee, its agents, employees, or contractors for violation of or failwe to comply with the peimic or applicable provisioas of law. 9. A.ny stormwater management facilities approvad as part of this permit shall be properly maintai.ned in perpetuity to.assur�that they continue to function as originally designed. 10. Within 10 days of project completion, you will notify the District lnspector at 763-393-3074. Once the Inspector verifies that site canditions comply with all permit requirements, your cash surety will be rehuned to thc remitter. 11. FAILURE TO COMPLY'UVITH THE PROVISIONS OF TT�TS PE.RMTT IS A VIOLA?ION OF THE LAW AND N1AY RESULT IN FORFEITURE OF PERMITTEE'S SURETY. SPECIAL STIPC7Y�ATIONS None Authorized Sigaatures: �✓z�_ Steve Hobbs, Distnct Admuustrator � u l / /�. ( v�,y�,�,ri f f TOTAL P.03 City of Fridley Land Use Application PS-03-01 February 19, 2003 GENERAL INFORMATION SPECIAL INFORMATION Applicant: Public Utilities: Michael Juaire Located near property. PO Box 43243 Transportation: Brooklyn Park MN 55443 Town homes will be accessed from Norton Requested Action: Avenue. Replat property to accommodate an 8 Physical Characteristics: unit town home development. Typical suburban lot and landscaping. Existing Zoning: SUMMARY OF REQUEST R-3, General Multiple Units & M-1, Petitioner, Michael Juaire is requesting to Liqht Industrial replat the properties located at 1152 and Location: 1170 Norton Avenue to allow for the 1152 and 1170 Norton Avenue construction of an 8 unit town home Size: development. 41,197 sq. ft. .95 acres SUMMARY OF ANALYSIS Existing Land Use: City Staff recommends approval of this Single Family Home. preliminary plat request, with stipulations. Surrounding Land Use &Zoning: Provides additional housing opportunities N: Vacant& Single family& M-1 & R- • for Fridley residents. 3 E: Single family& R-3 S: Medtronic & M-2 Staff Report Prepared by: Stacy Stromberg W: Commercial & C-2 Comprehensive Plan Conformance: Consistent with Plan. Zoning Ordinance Conformance: Multiple dwelling complexes, including rental and condominium apartments are a permitted use in the R-3 zoning district. Zoning History: 1152 Norton Avenue • 1949—Lot platted. • Home built pre-1949. • 1967—Garage built. 1170 Norton Avenue • 1949—Lot platted. • Home built pre-1949. Legal Description of Property: Lot 11, Auditor's Subdivision #89 Council Action: March 3, 2003 45 PS #03-01 REQUEST Michael Juaire, PMJ Group, Inc. is requesting to replat the property located at 1152 and 1170 Norton Avenue, to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to construct an 8-unit renter occupied town home development. ANALYSIS The property at 1152 Norton Avenue to zoned is zoned M-1, Light Industrial. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the proposed town home development. The petitioner is also applying for a rezoning for this property from M-1, Light Industrial to R-3, Multi-Family. The property at 1170 Norton Avenue is zoned R-3, Multi-Family. The existing home was built prior to 1949 and will also need to be removed to accommodate the proposed town home development. All of the surrounding properties are zoned R-3, Multi-Family. The petitioner plans to locate his storm pond along the northern edge of the property line, close to the entrance of the development. He plans to construct a fence to surround the storm pond. Staff believes that the image of a pond that is properly landscaped is an aesthetically pleasing element for a town home development; however, fencing a pond would change that image. Fencing in the pond would not only create an unattractive first image as you enter the development, but it also could be detrimental to the safety of children. The petitioner should design the pond using landscape materials to create a natural amenity, and if the pond in this location warrants a fence, the pond should be relocated on the site. The proposed town home development meets all lot size, setback, lot coverage, and parking requirements. Staff Recommendation City Staff recommends approval of this preliminary plat request, with stipulations. • Provides additional housing opportunities for Fridley residents. Stipulations City Staff recommends that the following stipulations be placed upon approval of this request. 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 46 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 20 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 47 J • . PLANNING COMMISSION MEETING,FEBRUARY 19, 2003 PAGE 9 9. The six-inch water main shall be looped according to City engineering staffs specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot sha�l be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building OfficiaL 14. The petitioner shall pay the applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the City's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround;shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. �'� 19. The petitioner�t�all meet all Rice Creek Watershed DistricYs requirements prior to issuance of a,-building permit. ,� . UPON A VOICE �/ TE, DUNHAM, JOHNS, SAVAGE VOTING AYE, AND SABA VOTING NAY, CHAIRPE�ON SAVAGE DECLARED THE MOTION CARRIED ON A 3-1 VOTE. 2. PUBLIC HEARING Consideration of a plat, PS 03-01, by Michael Juaire, to plat for a townhome development, generally located at 1152 Norton Avenue NE. MOTION by Ms. Johns, seconded by Mr. Saba, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 8:17 P.M. Ms. Stromberg stated the petitioner, Michael Juaire of PMJ Group, is requesting to replat the property located at 1152 and 1170 Norton Avenue to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to construct an 8-unit renter-occupied townhome development. Ms. Stromberg stated 1152 Norton Avenue is zoned M-1, Light Industrial. The existing home was built prior to 1949 and the existing garage was built in 1967. Both of these structures would be removed to accommodate the proposed townhome development, and the petitioner is also applying for the rezoning of the property as is known. Ms. Stromberg stated 1170 Norton Avenue is zoned R-3, Multiple Family. The existing home was built prior to 1949. This home will also have to be removed to accommodate the townhous� development and, as they have been discussing, all of the surrounding properties are zoned R- 3, Multiple Family. Ms. Stromberg stated the petitioner plans to locate his storm pond along the northern edge of the property line close to the entrance of the development. He plans to construct a fence to surround the storm pond. Staff believes that the image of a pond that is properly landscaped is an aesthetically pleasing element for a townhome development; however, fencing a pond would change that image. Fencing in a pond would not only create an unattractive first image as you ,I - - - . t PLANNING COMMISSION MEETING,FEBRUARY 19,2003 PAGE 10 ' enter the development, but it also could be detrimental to the safety of children. The petitioner shouid design the pond using landscaped materials to create a natural amenity and, if the pond in this location warrants a fence, the pond should be relocated on the site. The proposed townhome development meets all lot size setback, lot coverage, and parking requirements. Ms. Stromberg stated staff has heard from two neighboring property owners who expressed concerns about traffic, parking, the number of units, sewer capacity, and tree replacement. Ms. Stromberg stated City staff recommends approval of the plat request with stipulations as this request provides additional housing opportunities for Fridley residents. The stipulations for the plat request are the same as what was stipulated on the rezoning request and can be found in the packet. Mr. Saba asked the petitioner if he was going to use maintenance-free siding on all exteriors? Mr. Juaire replied, yes. Ms. Johns asked Mr. Juaire if he was just going to demolish the two existing homes and dispose of the debris or if he was going to deconstruct them. Did he know about deconstruction? Mr. Juaire stated the home at 1170 Norton Avenue is going to be destroyed and disposed of as it is in pretty �ough shape. The existing home at 1152 Norton Avenue was recently remodeled and is in pretty good shape. It has a relatively irregular shape to it. He doesn't know if there are any documents that would show it, but it has had multiple add-ons and he has two house moving companies that are going to look at moving it. If it can be moved, they will do that. Ms. Johns stated that in some homes, especially homes built early in Fridley's history, the products that were made, whether it's the windows or parts and pieces of the house, are valuable to adjacent properties. Mr. Juaire stated he would not throw anything away that can be saved. There is a separate sauna at 1152 Norton Avenue that is not going to be thrown away. Mr. Saba asked if the garage doors are going to be equipped with automatic garage door openers. Mr. Juaire replied, yes, all of his townhomes have automatic garage door openers. Ms. Johns asked whether the utility shed that is located on the plan to the west of the nearest lot 8 is going to house things that are going to take care of the property itself. Mr. Juaire replied the utility shed at the west end will house both the controls for the irrigation system, lawn irrigation system, and fire protection sprinkler system. Those will be monitored controls. Ms. Johns asked if each of these homes would have garbage pickup by entering the lot at Outlot A. Mr. Juaire replied, yes. Ms. Johns asked if garbage and recycling would be within the garages and set out for pickup. , PLANNING COMMISSION MEETING,FEBRUARY 19,2003 PAGE u Mr. Juaire stated the driveways will be constructed to street standards so the garbage trucks would come in. The garbage containers wouidn't be put on the curb; they wouid be put on Outlot A. Mr. Saba stated that on the rear elevation, it looks like there are dividers between each set of patio doors? Mr. Juaire replied, yes, each patio has its own private area. Ms. Pam Reynolds stated that, again, her question is who is going to pay for the damages to the road with the heavy equipment needed for this development? She is thinking mostly of the big construction trucks as Norton Avenue is not in that great of shape. She doesn't know when it is scheduled to be resurfaced, but that amount of construction equipment and that amount of movement is going to damage the street and then the City is going to assess everybody on the street. Ms. Reynolds stated the Planning Commission has to think about the residents who are already living here and the current use of that property. The residents live there, pay taxes, and some consideration needs to be given to them. Part of the reason that Ms. Mabel and her daughter are the only ones at the meeting is because Ms. Mabel is one of the only people who got a public hearing notice. Ms. Reynolds stated she owns her home. She doesn't understand this, but the only people the City sends notices to are within 350 feet and Ms. Mabel is the only one who got a notice. She is sure the other rental property owners don't care. But the density in that area is already so highly rental and what happens ten years down the line when Mr. Juaire decides to sell the development? Then who takes care of it? Then what do the residents do? She asked if there was a road behind this property that borders Medtronic? Ms. Stromberg replied, yes, but it's on Medtronic property. MOTION by Mr. Saba, seconded by Mr. Dunham, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 8:28 P.M. Mr. Saba asked about who would be liable for the road damage. Would the contractor be liable? Ms. Stromberg stated that, yes, the contractor would be responsible for any damage to the road. Mr. Saba stated he didn't have a problem with the plat; he just had a problem with the rezoning. Ms. Johns stated she knows the Rice Creek Watershed District through the EQE Commission. The Rice Creek Watershed District are pretty strict on a lot of its requirements and what is going on in the Rice Creek area. She feets comfortable that the RCWD has looked at this proposed development and has made requests for some changes. The plat request looks good, and she believed the parking issues have been addressed for the most part. Mr. Dunham stated the units are good sized units, and he believed they are going to be a lot nicer than people think. There is a lot of footage to them, they are not minimum standards. These are not inexpensive rental units at all. They are very nice. He doesn't have a problem with them. _ . � PLANNING COMMISSION MEETING, FEBRUARY 19,2003 PAGE � ' Ms. Savage stated she didn't either. MOTION by Mr. Saba, seconded by Mr. Dunham, to recommend approval to City Council of PS 03-01, by Michael Juaire, to plat for a townhome development, generaliy located at 1152 Norton Avenue NE, with the following stipulations: 1. The final landscape plan shali meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, shall be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials shall be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near the cul-de-sac. 9. The six-inch water main shall be looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the center line of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building OfficiaL 14. The petitioner shall pay the applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turnaround shall be redesigned to meet the City's Fire Department standards. 16. The driveway and fire turnaround shall be designed to 9-ton standards. (corrected — should be 9-ton standards, not 20-ton standards) 17. The fire turnaround shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed DistricYs requirements prior to issuance of a building permit. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the rezoning and plat requests will go to the City Council on March 3, 7:30. The Council will make the final decision on these requests. 3. RECEIVE THE MINUTES OF THE JANUARY 8, 2003, APPEALS COMMISSION MEETING. '� MOTION by Ms. Johns, seconc�d by Mr. Saba, to receive the January 8, 2003, Appeals Commission meeting minutes. ��, , � � � AGENDA ITEM � CITY COUNCIL MEETING OF MARCH 3, 2003 CfTY OF FRIDLEY Date: February 21, 2003 To: William Burns, City Manager (�� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Preliminary Plat Request, PS #03-01, Michael Juaire, PMJ Group, Inc. M-03-30 INTRODUCTION Michael Juaire, PMJ Group, Inc., is requesting to replat the property located at 1152 and 1170 Norton Avenue, to create 9 separate lots from Lot 11, Auditor's Subdivision #89, in order to construct an 8-unit town home development. PLANNING COMMISSION RECOMMENDATION At the February 21, 2003, Planning Commission meeting, a public hearing was held for PS #03-01. After a brief discussion, the Planning Commission recommended approval of plat request, PS #03-01, with the stipulations #1-#19 below. In addition, Staff recommends that stipulations #20 and #21, below, be added to approval of the plat. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends concurrence with the Planning Commission. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 43 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 44 � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 14, 2003 CRY OF FRIDLEY DATE: April 9, 2003 � TO: William W. Burns, City Manager �� FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner SUBJECT: Development Agreement for the Norton Manor First Addition M-03-51 INTRODUCTION On February 19, 2003, the Planning Commission considered plat request PS#03-01, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1152 and 1170 Norton Avenue to allow for the construction of an 8-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-01, with 19 stipulations. In addition, staff recommended stipulations 20 and 21. At the March 3, 2003, City Council meeting, the preliminary plat was approved, with 21 stipulations. To be consistent in the plat process, staff has prepared a development agreement for the Norton Manor First Addition. The agreement has been reviewed by City Attorney Knaak and signed by Mr. Juaire. The development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. 13 I" - � AGENDA ITEM � CITY COUNCIL MEETING OF APRIL 14, 2003 CfiY OF FRIDLEY Date: April 9, 2003 � To: William Burns, City Manager �(� From: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Stromberg, Planner Subject: Final Plat, PS #03-01, Michael Juaire, PMJ Group, Inc. M-03-52 INTRODUCTION On February 19, 2003, the Planning Commission considered plat request PS #03-01, by Michael Juaire, PMJ Group, Inc. Michael Juaire plans to replat the properties located at 1152 and 1170 Norton Avenue, to allow for the construction of an 8-unit town home development. City Staff and the Planning Commission recommend approval of plat request, PS #03-01, with 19 stipulations. In addition, staff recommended stipulations 20 and 21. At the March 3, 2003, City Council meeting, the preliminary plat was approved, with 21 stipulations. RECOMMENDATION City Staff and the Planning Commission recommend approval of PS #03-01. STIPULATIONS 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. Z� 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. 21 FRIDLEY CITY COLNCIL �fEETING OF �IARCH 3,2003 PAGE 7 I;PO�i � �'OICE VOTE, �LL.'�OTI�iG AYE, vI_�YOR LL�iD DECLARED THE PLBLIC HEARI�iG CLOSED aT 8:22 P..ti[. 7. COrSIDER�TIOr OF ar ORDIr:�rCE TO a�IE�D CIT�" CODE OF THE CITY" OF FRIDLEY, �IIrNESOTA, BY" M:�KING :� CH.�rGE IN ZONING DISTRICTS {REZOrIrG REQUEST, ZO� #03-01, BY �IICK�EL Jti aIRE, TO REZOtiE PROPERTY" FRO�I �I-1, LIGHT INDL'STRIAL, TO R-3, GENER-�L �itiLTIPLE titiITS, GE�ERaLLY LOC:�TED AT 11�� ORTO�7 aL'EYL�E r.E.) (�V aRD 2). 7:�. CONSIDER�TIOr OF �PPROVIrG PRELI�IINARY" PLaT REQUEST, PS #03- O1, BY �IICHaEL JUaIRE, TO REPLAT PROPERTY FOR A TOW�iHOME DEVELOPtiIENT, GENER�LL�C' LOCATED AT ll�2 a:r� 1170 NORTOti AVENUE N.E. (WARD 2). �10TION by Councilmember Wolfe to open the public hearings. Seconded by Councilmember Barnette. tiPO�t A VOICE VOTE, ALL VOTING AYE, �I.�YOR LU�iD DECLARED THE PtiBLIC HEARING OPENED AT 8:23 P.�I. Mr. Bolin, Planning Coordinator, stated this ��as a public hearing on a rezoning request and plat request. The petitioner was �Iichael Juaire of PMJ Group, Inc. �1r. Juaire requested to rezone the property located at 115? Norton Avenue from M-1, Li�ht Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 1152 and 1170 Norton Avenue to allow for the construction of an 8-unit townhome development. With respect to the rezoning request, 1152 Norton was zoned light industrial and the eYisting land used as a single-family home. The e�cisting land use was not consistent with the existing zonin� designation. Rezoning this property would be an eYtension of the e�cisting R-3 zoninQ classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those two lots be combined and replatted for the 8 townhome units. Mr. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 future land use of this property as being in a redevelopment area. Mr. Bolin said the Planning Commission recommended approval of the rezoning request on a 3 to 1 vote w�ith nineteen stipulations. The proposed rezoning is an eYtension of the existing R-3 zoning district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concurrence �vith the PlanninQ Commission with the following stipulations: l. The final landscape plan shall meet code requirements for number of and sizes of plantin�s and be re�-ie�.ved and approved by City staff prior to issuance of a buildinQ permit. - - FRIDLEY CITY COUNCIL �tEETING OF �LaRCH 3, 2003 PAGE 8 ?. A landscape plan for the pondina area, in lieu of fencina to be reviewed and approved by Citv stafT prior to issuance of a buildin; permit_ y 3. :� storm pond maintenance avreement shall be tiled ��ith the City� prior to issuance of a buildinQ permit. �. All landscaped areas shall have irriQation installed. �. The proposed�valkw�ay shall be concrete. 6. Brick type and application on elevations and other external buildina materials to be reviewed and approved by City staff prior to issuance of a buildin� permit. 7. A gradin� and drainaQe plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 3. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City en�ineering staffs specifications. 10. A 12-foot utility and drainaje easement shall be Qranted along the entire southern edje of the property prior to final plat. � 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standazds. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building pernuts. 15. Tl�e fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The etitioner shall meet all Rice Creek Watershed District requirements prior to P issuance of a buildinQ permit. ` FRIDLEY CITY COU�ICIL �IEETING OF �IARCH 3, 2003 PAGE 9 �'0. Prov:de prouf that an�� e�istinv ��-ells or individual sew�aQe treatment systems located on the site are propem� capped or remo��d. �i. .� De�eluprnent a�,r�emeat out!inim` the Developer's obli�7ation to install utilities, ztc., �vill be prepared by the City and shall be si�ned bv the Petitioner prior to final plat approval. �Ir. Bolin said that ��ith respect to ihz preiiminary� plat, the proposed tow�home de�-elopmznt met all the lot size, setback, lot coveraae, and parking requirements. He said there were 9 lots. Each to�vnhome had a lot and the ninth lot would be the common property. The Plannin� Commission revie��ed the preliminary plat request and unanimouslv aoproved it with nineteen stipulations. City� staff recommended concurrence with the Planning Commission and recommended the addition of rivo stipulations. Councilmember Wolfe asked about the number of stipulations. �1r. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be followed. Councilmember Billings asked if 11�2 was a landlocked parcel or if it w�as across from another street. Mr. Bolin replied there w�as a 12-foot wide easement that went across 1170 into 11�2. There are existing homes on 1152 and 1170. Councilmember Billin�s asked about the pazcel that was immediately north of 11�2 and 7090 and south of 71�1. Mr. Bolin replied he believed that Harstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked ho�v the creek divided the property. Mr. Bolin replied that there was an easement across the northwest comer of the property. He szad the Rice Creek Watershed District was reviewing this plan. They have requested easements to protect the edge of the creek. City Engineering staff requested a 25-foot easement from the center of the creek, so they do not have anything impacting the creek. Mayor Lund asked about the pond on the property that was mentioned in the stipulations. �Ir. Bolin said there �vas a pond proposed for the north edge of the property. Petitioner proposed putting a fence around it. - - FRIDLEY' CIT�c' COUNCIL �IEETI�iG OF vIARCH 3,2003 PAGE 10 � �[avor Lund stated that the pond ��as fur runoff from asphalt and hard surfaces. , �Ir. Bolin stated that �ti�as correc�_ �Ia�-or Lund asked about the Fire Department's turn around. He wanted to kno�v if it �vas on the west side. �1.. Bolin r:,plied [hat it ��as. H:, said the Fire Department requested an arranaement li!�� this so thev could �et a truck in and turn it around. �Ir. Ed Stanke, 7091 Hi�hwav 6�, said he �vas present for several reasons. Council had ans�r-ered some of his questions. He said when this proposal was first made, the�� were told the townhomes would be sold. They- found out that they are not for sale, but are goin� to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. Mayor Lund asked if Nfr. Stanke had spoken to staff about the drainage problem. Mr. Stanke replied that they had addressed it �vith Medtronics engineering staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it was designed to run out onto Norton Creek, onto the cu(-de-sac or into the storm sewer to the east. Mr. Haukaas, Public Works Director, stated that was the existing drainage pattem for that area. The development would not significantly change that drainage. Mr. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations are based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a large azea and the pipe that was installed for the Medtronic entrance was sized based on the creek, not for any other improvements adjacent to it. Changes in runoff are dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. Mr. Stanke replied after. � FRIDLEY" CITY COLT�iCIL �IEETIVG OF vf�1.RCH 3,2003 PAGE 11 Councilmember Billinas said (and alteration permits go throuQh both the Cit�� Engineerina and Communit�- Devetopment Departments. He asked staff if any land alteration permits were obtained bv the existina propem� o��ner. �Ir. Haukaas said he did not remember one separate from the �Iedtronic development. Councilmember Billin�s stated he thou�ht this needed to be addressed. �Ir. Haukaas replied they� w�ould took at it, but ��ithout know-led�e of w-hat ��a.s there other than peoples' memories, it �vould be �•ery difficult. Councilmember Billings stated �Ir. Stanke may have other remedies. i�1r. Stanke stated if there was Qoing to be a new� development, they better meet the requirements of the land elevations and he would like to have it looked at. Councilmember Barnette asked if all of the property along Norton Avenue w�ith the exception of 11�2 is currentiv zoned R-3. Mr. Bolin replied that it was. Councilmember Barnette said that 1170 was a single-family d�velling but was zoned R-3. He asked why. Mr. Bolin replied that the R-3 district was created around 1969. It allowed the R-2 district to have only sin�le-family and two-family homes. The entire neiahborhood was zoned R-3. Councilmember Barnette asked if 1170 was currently R-3. Mr. Bolin replied that it was. Councilmember Barnette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. i�1r. Bolin stated he would have that right, but he would still need to meet the land area requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. Ms. Cindy �1abe1, 1214 Norton, said she had spoken with the owner of 1163. He said he had alreadv been in contact with Mr. Juaire and told him he would sell after July. The owner of 117� had also been contacted. His house was vacant now and he was anxious to sell. She wanted to know if they should be planninQ for the whole project now and considerina the impact on the FRIDLEY CITY COU�ICIL �IEETING OF NL-�RCH 3, 2003 PAGE 12 neiQhborhood. She also said there w-as a problem ��ith the map in that 7103 was not listed_ That is ow�ned bv E�farstad. Karen Sorenson wTote a statement that she was contacted bv �ir. Juaire and was told that these to��houses tiL-ere Qoin� to be tor sale, for pzople to buy them, not to rent. �Is. Sorenson �cas unable to comz to the meetin<? and asked that this be submitted. She said she had a petition to submit also. � �IOTIO�; bv Councilmember `�oife to receive the petition and the letter from Karen Sorenson. Seconded bti� Councilmember Barnette. LPON :� `"OICE v'OTE, aLL VOTI�iG A�c�, vi_aYOR LL�iD DECLARED THE �IOTION CaR.RIED UNa�ItiIOUSLY. �Is. �Iabel said that there are many trees in the area and at the Planning Commission meetin� 1�1r. Juaire said there would be only sis left. She stated that she was also concerned about pazking. If the only parking available was in the gara�es and on space directly in front of the gara�e, people would be parking on the street. They already have a parking problem. She also worried about the safetv of the children in the area with the eYtra traffic. She said she was not against rental property, but wanted to see the development be consistent with what was already in the area, and that was double bun�alow•s. Councilmember `Volfe asked if staff knew of all of the buildings that were potentially going to be in that azea to prepare for the extra runoff. N1r. Haukaas replied that they could not do much with speculation. He said they have heazd the same thinD, but without actual plans and movement by the property owner or potential owner to do something, there was nothin' they could act on. �layor Lund asked if the petitioner would come forwazd. Mr. i�lichael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PMJ Group, stated that he had a contractual arrangement wlth 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted with the ability to sell. He said they were planning that within a five-year time frame. He said it was their intention for the units to initially be rentals. After a four to five year time frame, they w�ould be sold individually. That was why they were being platted individually. He stated that NIr. Stanke did bring up the drainage issue with him, and he said he would talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2 '/� to 3 inch trees will be added to replace those taken. . FRIDLEY CITY COL�iCIL �IEETING OF NLARCH 3,2003 PAGE 13 w`ith respect to paricinQ, the desian went bevond the requirements. There w�ere t�r�o covered and non-covered parkin� spots per unit. for a total of ib spaces. �Iavor Lund asked if he L�-a� a�vare of anv iand or soil movement on the propem�. �Ir. Juaire replied that he �vas not. The o�ti�ner did tell him that he put a timber retaininQ �vall on the west end of the property. �Iay�or Lund asked Attorney� Knaal: if the Council had any authurity� to r�strict zonin� based on ow�ership versus rental properties. Attorney Knaack replied the Council did not. Councilmember Billinss asked what the square footaQe of the units was. Mr. Juaire replied 1,700 square feet. Councilmember Billings asked him if he had any ballpark idea of what the rent w�ould be. Mr. Juaire said around $1,2�0. Councilmember Billinas asked ho�v many bedrooms w�ould be in each unit. Mr. Juaire said there would be three bedrooms and two and one-half bathrooms. Councilmember Billings asked w-hat kind of income would people need to have in order to afford the $1,2�0 rent. �1r. Juaire said he believe it �vas a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a year or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similar project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. �1r. Juaire stated $170,000. Mayor Lund asked about traftic counts. - — FRIDLEY CITY COi1NCIL �IEETING OF �IARCH 3, 2003 PAGE 1-t - �Ir. Haukaas replied there were no traffic counts for Norton Avenue. There would be increased traff c but he thouUht the road could handle it. �Is. Pam Revnotds. 1?-�1 Lorton, said that �vith respect to the rezonina, she revie�L-ed the Cumprehensive Plan. She did tind that there �ti�as a tiorton Creek repair project slated benveen 200� and 2004. �Ir. Juaire can build, and it w�ill increase traffic. V��hen she read the Comprehznsive Plan under zonina issues. it said changes should be carefully considered to ensure that the proposal did not ad��ersely impact nei`hborhoods, community character, or set an undesirable precedent. Lookin� at that statement, if this area �vas rezoned there would be 8 units. �Ir. Juaire w�ill possibly obtain another 3 or 12 more. It �vould chan�e their neiahborhood drastically. She said she thought there �vere better thinas the property could be used for. vls. Reynolds said the other thing the Comprehensive Plan discussed was that it was the Petitioner's responsibility to prove the proposal was within the interest of the community and �vithin the spirit of the plan. Ntr. Juaire spoke about his vision at the Planning Commission and said it was an upscale, high-end project, and he hoped to attract young professionals. She said most young professionals she kne�v were paying $9�0 at the most and were tryin� to save to buy a house of there ow-n. She said she did not kno�v of many professionals who would want to live � adjacent to a railroad yard, hijh po�ver lines, a highway and a parking lot of a lar�e employer. She said it was not consistent wzth the neighborhood. Considerin� the location, she did not think it �vould attract younj professionals. Instead, she thought it �vould attract multiple renters and a lot of traffic. Ms. Reynolds said she had one other item to discuss. She asked how much disruption would be caused in the neighborhood while the project was being constructed. She asked who was going to take care of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thouQht Council and the Planning Commission should look at this again and really think hard about what there were doinQ to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he agreed with the Planning Commission in that this was a nice looking building that would be an asset to the area. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concemed with how large the project was and what it would do to the neighborhood. She said it would add people and more traffic. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She w-as also concerned about parking. If they could not park on the cul-de-sac, they would park on the streets. She was concerned that this �vould set a precedent for the property at 117� and 1163. She said she was concerned �vith the number of renters in the area. She �vas also concerned about the pond and the problem it could possibly cause for youna FRIDLEY CITY COL�iCIL �IEETIrG OF �I�1RCH 3, 2003 PaGE 1� children. She said she would like a fence put up around the pond. She said it was a nice nziahborhood ar:d this project «-ould detinitel�� chan�e the dvnamics of the nzi�hborhood. Councilmember Bi1lin�s asked ��hat 1 l�� .vas currentiv zoned. Mr. Bolin replied it was zoned �1-l. Councilmember Billim`s asked ��-hat cou!d be put in an �I-1 district. �tr. Bolin said there w�ere a number of different light industrial uses. �nyrthinJ could be put in that did not involve outdoor storage or manipulation of�oods or products. Councilmember Billin�s stated if they did not rezone 11�� and access to 11�2 was from Norton Avenue the property could be bou�ht for li�ht industrial use and there could be traffic brinQing in goods and taking goods out. y ti1r. Bolin stated that was correct. Councilmember Billings asked about traffic patterns in an i�f-1 district. �1r. Bolin said there ��-as more traffic from industrial and commercial users durin� the daytime hours than there w-ould be from residential users. Ms. Reynolds said there was a problem with the zoning map. According to the map they received from City Hall their neighborhood was C-1, which was local business. She stated that at the Planning Commission meeting, they had no idea why it was Lf-l. It was corrected but not until she asked. i�1r. Bolin replied that this map was an old version. It was corrected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUYD DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR # 3-04, BY TIMOTHY NIILLER, TO REDUCE THE FRONT YARD SETBACK GENERALLY LOCATED AT 591 DOVER STREET N.E. ARD 3 TABLE FEBRUARY 2�, 2003 . N1r. Bolin, Planning Coordinator, stated the pet\ ner was Timothy Nliller, the property o��ner of �91 Dover. Mr. Miller was seeking two variances at would allow for the reduction of the front yard setback at his residence located at �91 Dover treet. The tirst variance was to reduce the FRIDLEY CITY COLiYCIL i�IEETING OF �IaRCH 3, 2003 PAGE 16 front yard setback from ?9 feet to 18.2 feet. This ��ould recoanize the existinQ non-conformit�-. the eristina piacement of his home. The second variance request w-ould be to reduce the front , vard setback Trom '9 feet do�vn to 10 fe�t to accommodate proposed construction of an open covered porch on the ��-est sidz of his home. He 'said the Appeats Commission recommended approval of t;:e front vard set back varianc� to reco�nize the existinV non-conformity. The variance simpl�� reco,nized the pre-existinQ condition.�Approvina the variance would not set a precedent for undeveloped lots in the future. With respect to the second variance request the Appeals Comn!ission recommended denial. No sim�lar variar:ces have bee.^. aranted in the past, an alternati�-e optiun did e:�ist, and there did not appear to be undue hardship. Staff recommended concurrence with the Appeals Commission. 1 , Mr. Timoth�� Iiller. �91 Dover Street, stated the p'Orch issue was discussed at the Appeals Commission meetin�. ` Councilmember Wolfe asked ho�v he felt about the deci1'on. � 1 Mr. Miller said it would have been nice if it was approved. ; MOTION bv Councilmember Barnette to remove this �`item from the table. Seconded by Councilmember `Volfe. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR LU�1D DECLARED THE MOTIOti CARRIED UNANIMOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about changing the address; and he did not want to pursue that option. He w�ould like to leave everything the w-ay it was and�et the setbacks taken care of. N10TION by Councilmember Barnett to approve the front yard setback variance request recognizing an e�cisting non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. i MOTION by Councilmember Barnett to deny the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED T�IE MOTION CARRIED UNAMIMOUSLY. NEW BUSIN�SS: 9. FIRST READING OF AN ORDINANCE TO Ai�1END THE CITY CODE OF THE CIT�C' OF FRIDLEY, vIINNESOTA, BY MAKI�iG A CHANGE IN ZOiYING DISTRICTS (REZONING REQUEST, ZOA #03-1, BY vIICHAEL JL�,AIRE, TO , FRIDLEY CITY COLiYCIL vIEETING OF rI.�RCH 3, 2003 PAGE 17 REZONE PROPERT�c" FRO�I 1� 1, LIGHT IrDUSTRIaL, TO R-3, GENERAL �IL�LTIPLE L1iITS, GE�iE LY" LOCAT'ED :�T 11�2 NORT'ON AVENUE �.E.) (��"�RD 2). �10TI0� bv Cuuncilmember�lfe to ��aive the readinv and approve the ordinance on tirst reading. Seconded bv Council mber Billin,s. � LPO� a VOICE ti'OT�, aLL VOTI�G AYE, l�1_-�YOR LL�iD DECLaRED THE iVIOTIO�i CARRIED L;.`�i:��IIl�IOUSLY. 10. PRELI�IIr:�RY PLAT REQUEST, PS #03-01, BY' �IICHAEL JI;:�IRE, TO REPL�T PROPERT�C' FOR � TO��'�IHO�IE DEVELOP�IENT, GENERALLY LOCATED �T 1152 AND 1170 NORTON AV�NtiE N.E. (`VARD 2). MOTION by Councilmember Wolfe to approve Preii�ninary Plat Request, PS #03-01 �vith the followin� stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be review�ed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the pondin� area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed �vith the City prior to issuance of a building permit. 4. All landscaped areas shall have imaation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a buiiding permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. SiY inch watermain to the looped according to City engineering staffs specifications. 10. A 12-foot utility and drainage easement shall be granted alona the entire southern edge of the property prior to tinal plat. - FRIDLE�C' CIT�C' COUNCIL �IEETING OF �IARCH 3, 2003 PAGE 18 � 1 1. A 2>-foot easement from the centerline of Norton Creek on the w-est side of the propert�� shali be �rant�d prior to tinal p1at. 1?. The parkinJ !ot shali be constructzd to code standards. 13. :�11 elzmznts ot the buildinQ shall meet the cunent buildin� code and be approved by the Citv BuildinJ Official. 1-�. The petitioner sha:l pa�- applicable park dedication fee of �I,�UO per unit prior to t:�e issuance of an�� buildin� germits. I�. The fire turn around shall be re-desiQned to meet the City's Fire Department standards. 16. The drivew�a�- and fire turn around shall be desi�ned to 9-ton standards. 17. The fire turn around shall be posted, "No Parkin� Fire Lane." 18. The size of the landscape islands shall be reduced by � feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a buildins permit. 20. Provide proof that any e�cisting wells or individual se�vage treatment systems located on the site aze property capped or removed. 21. A Development Agreement outlinin� the Developer's obligation to install utilities, etc., �vill be prepared by the City and shall be signed by the Petitioner prior to final plat approval. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. 10A. ORDINANCE AMENDIN(\ CHAPTER b OF THE FRIDLEY CITY CODE AMENDING MEMBERSHIP'��OF THE PLANNING COMMISSION FROM TWO 1VIEMBERS-AT-LARGE TO T�REE MENIBERS-AT-LARGE. MOTION by Councilmember Barnett to ive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING YE, MAYOR LUND DECLARED THE 1�10TION CARRIED U�1AVII�IOU SLY. ��. � �� FRIDLEY CIT�C" COL��ICIL �IEETI�tG OF :�PRIL 1-t, 2003 PAGE 6 L"PO� A �'OICE `'OTE, aLL `"OTIrG : "E, �IaY'OR LUrD DECLARED THE �IOTIO�i C:�RRIED L�i:��iI�IOtiSLY. % :�PPROti'.aL OF PROPOSED CO�iSE�iT A,GE�iD�: � :�PPROVAL OF �IIrtiTES: City Council �Ieeting of�Iarc ..-t, 2003. Councilmemoer Bolkcom as ed that a correction be madz to Pa,e 10, second to last paraQraph. ��hich should re `'by' approvinQ" instead of'`b�� approve." APPRO�-ED. 2. FIRST RE aDIti G F AN ORDIN�r CE A�IENDIr G THE FRIDLEY CITY CODE, C�LaPTE 507, BATHING BEACHES. Dr. Burns state the ordinance currentl�� required lifeguards at bathin� beaches. The proposed ch es would eliminate the requirement for lifeguazds and chanae all references fr "bathinQ" beaches to "s�rlmmin�" beaches. He said staff expected to save approx' ately �13,000 per year b�' not using lifeguards at Moore Lake beach. Staff recommen ed Council's approval of the first reading of this ordinance. THIS EVI WAS �tOVED FRO�I THE CONSENT AGENDA TO THE REG ' AR AGENDA. 3. RE EIVE THE NIINUTES OF THE PLAN1vING C0�1vIISSION NIEETING OF �I RCH 19, 2003. CEIVED. 4. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE NORTON MANOR FIRST ADDITION (WARD 2). Dr. Burns, City Manager, stated the a�eement identified improvements to be made in conjunction with the Juaire plat on Norton Avenue. There were also provisions for aradinD, street cleanup, permits, park dedication fee, drainage easements, and several others. It also listed 21 stipulations. Staff recommended Council's approval. APPROVED DEVELOPNIENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND NIICHAEL JUAIRE FOR THE NORTON NIANOR FIRST aDDITION. ► FRIDLEY CITY COITiYCIL vIEETING OF APRIL la, 2003 PAGE 7 �. RESOLL'TIOY NO. 13-2003 :�PPRO�'IYG :� PLAT, PS #03-01, NORTOr �I�rOR FIRST ADDIT'IOr, BY �IICHaEL .TU�IRE, P�IJ GROL�P, I�iC., FOR THE PLRPOSE OF COrSTRliCTIrG ar 8-tiNIT TOWYHO�IE DE`"ELOP1�[E�IT, GErERaLL�" LOCaTED aT 11�2 A�D 1170 NORTOr AVE�iLE r.E. (`V:�RD 2). Dr. Burns. Citv 1�tana�er, stated the preliminary plat for Norton �Ianor First Addition �vas appro�-ed by the Cit�� Council on March 3. Staff recommended Council's approval of the tinal plat. ADOPTED RESOLtiTION NO. 18-2003. 6. VARI:�vCE I�EQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATING, TO REDliCE THE `VIDTH OF A PARKING STALL FRO�� 10 FEET TO 9 FE T TO ALLOW THE EXPAI�ISIO�i OF A PARKING LOT, GENERALLY LO ATED AT 13�0 G ARDENA AVENUE N.E. ARD Z . Dr. Burns, City Mana� r, stated since this variance applied to the property as a whole, it �vould also enable Toti -Grace to restripe existing parking at the 9-foot width. The additional parking was be g created by T'otino-Grace to satisfy neighborhood complaints about student vehicles on cal streets. Additional parking would be built this summer. Staff recommended Council approval with the follo�vina stipulations: 1. The petitioner shall obtain a necessary permits prior to construction. 2. The petitioner shall be respo ible for maintaining and cleanin� any debris or dirt located in the street during the c nstruction process. 3. The petitioner shall follow City C e regulations related to the hours of operation for construction equipment. Those hou are 7:04 a.m. to 9:00 p.m. APPROVED VARIANCE REQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATING. 7. AP�ROVE CHANGE ORDER NO. 2 FO THE CONSTRUCTION OF THE FRIDLEY MUNICIPAL GARAGE EXPANS N. Dr. Burns, City Manager, stated the change order w in the amount of$2,656.00. The biggest contributors to this change order included the location of the electrical service to the building and the addition of fire-treated blocking r mounting electrical and data collection boxes. The change order also reflected a $5,70 00 credit for the elimination of roof screening. Staff recommended Council's approval. APPROVED. RESOLUTION N0.18-2003 RESOLUTION APPROVING A PLAT, P.S. #03-01, NORTON MANOR FIRST ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING AN 8-UNIT TOWN HOME DEVELOPMENT, GENERALLY LOCATED AT 1152 AND 1170 NORTON AVENUE WHEREAS, the Planning Commission held a public hearing on February 19, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON MANOR FIRST ADDITION at their March 3, 2003, meeting,with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat NORTON MANOR FIRST ADDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR FIRST ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14`" DAY OF APRIL,2003. �C%�� . ��''�"�.. SCOTT J. LUND -MAYOR ATTEST: DE RA A. S OGEN - ITY CLERK f ��i#" h�.3�..�' �•,,.:ra.ti,,..`'.^,,,'",. �•' r� ,.� Resolution No. 18-2003 Page 2 EXHIBIT A STIPULATIONS -NORTON MANOR FIRST ADDITION 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. ' 15. The fire turn around shall be re-designed to meet the City's Fire Deparhnent standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner,prior to final plat approval. � . . . _ ... �. "' . � . �' � ,V'_ - � � . .. F.t`.�- �`-. . ' .. � �_ ` �. . . . 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'- �:: (�.. f � ;t�� ': ^>- Is; �i; :�'�, �: -= f„ • �i, i :�:: t, -"_ � :;� : ,: i; --_ i�' l; � • ; :� k =-s - � � � ; � � j; �M . �� _ .. . . . . . _ _ ' r ._ CY : _ : " � 'ry . . 1 1 - ` _ . . . . . � ._ . _ . . , ' ' _ " " _ _ � .. r� _..:.�s� � _.-. .-,=_ .. _ �. - _ . ,- - , r_ , ,l s _ t E DEVELOPMENT AGREEMENT THIS AGREEMENT, made this � day of � ' i , 2003, between the City of Fridley, acting through its Mayor and ity Manager (hereinafter called the "City"), and Michael Juiare, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: That part of Lot 11, Auditor's Sudivision No. 89 lying Eastof the West 284 feet thereof. And The West 284 feet of Lot 11, Auditor's Subdivision No. 89, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 591, according to the duly recorded plat thereof (the "Subdivision"); and to be described as Norton Manor First Addition WHEREAS, the City Council, by resolution #_�1�;v G� , adopted ' / , 2003, granted Developer's plat request for a portion of the pr perty to allow it to construct an eight unit town home development on the subdivision on the f�ondition that the subdivision is developed according to the site plan, dated /� � � , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 8 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. � � The Developer agrees that it wiil not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Deveioper has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterals. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the cut approved by the Public Works Department of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Grading, Erosion Control, and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule ar supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. 4 (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of$1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $12,000.00. (eight lots x $1,500.00 = $12,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the prope�ty as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Aeproval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. - � 12. Transfers of interest — as described in Paraqraph 1. 13. AttorneXs' Fees. The Developer agrees to pay the City reasonabie attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any pa►t of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16. AssignabilitX. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this / � day of , 2003 DEVELOPER CITY OF FRIDLEY ` G'� By: By: Mi ael Juaire Scott J. Lun , M or ATTEST: � i , f Debra A. Skogen, City rk EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The final landscape pian shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. � , .{� �;' ` . : .� , � ,,j' ,1' + �� ;i , `j . , �. ' ��a.�e� '; � � .. . . t j'��. � .��'{; .- , � _' , . �,� � . ' , - . � fj ��ls. t �l � . � � � ` . I I�� ' �'� �'�� . � . 1 '1 1 , . � . . JI.��! ' �� . '. . .� 1� . ,�� . . � : ( � .��t r�. , � � i ((( .Sf� , y �7�I' _. . 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' Z i. 1 1(�p�• 1 ' , - � 'I'S , ' . .1�� 1,,`.' ' ' ; f ' .1.,, ' L .�'�1' . . .�f L . I .. ' �. � , F. �� . , �. � � �;,' i ( �`' . ,I•. �� .. �' :�� 1, . . • .� � `', . .�1 , . � . . . r ,� .f• . ./.' .. - . ' t )�� . . t tN� -�,` i . , . - . � �� -.�� T'�� . � C 1{ t .� . � . Y � �i� � . .�y' �.�t,y . �?�: . � � j�y� � � ��i� 4,� r �, �� '' �� .A� �j' �,� 1 i . � � ` i 9� ,ry',1`'�4r 7�" �" , � 1� 1 e Y ii � �+ ' � S'��` r1ti ,��C!�tr }.<' �j . . �. � ��,��y�1 � L 4 Y� �1�,� �.� � .yY(e:4 S � li: ' � � . 4 1, b ��'� ..S7 • . ' � � . .�.7� . / . .,{. ' . . . _ _ CI"iYOF 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 March 6, 2003 Michael Juaire PO Box 43243 Brooklyn Park, MN 55443 Dear Mr. Juaire: On Monday, March 3, 2003, the Fridley City Council officially approved your request for a Preliminary Plat, PS #03-01, to replat property to accommodate an eight unit town home development, legally described as Lot 11, Auditor's Subdivision #89, generally located at 1152 Norton Avenue NE. Approval of this Preliminary Plat is contingent upon the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a buildina permit. 4. All landscaped areas shall have irrigation installed.�- 5. The proposed walkway shall be concrete: 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. �8. The sewer connection shall be located near cul-de-sac. � J. Six inch watermain to the looped according to City engineering staff's specifications. 'Y�. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. �t"(. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. '92. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Buiiding Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the Action Taken Letter-Juaire Page 2 March 6, 2003 15. issuance of any building permits. 16. The fire turn around shall be re-designed to meet the City's Fire Department standards. 17. The driveway and fire turn around shall be designed to 9 ton standards. 18. The fire turn around shall be posted, "No Parking Fire Lane". 19. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 20. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 21. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 22. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. The Council action described above is only to approve the preliminary plat. You must have an approved final plat prior to recordinq at Anoka Countv. When the final plat has been prepared by your surveyor, a copy of the plat should be sent to the Anoka County's Surveyor's office for review. Once that review is completed, please submit three full size copies of the final plat to the Community Development Department. The Community Development staff will contact you as to which council meeting the item will be scheduled for consideration (it will be placed under the "consent agenda"). After Council action on the final plat, the mylars of the plat must be submitted to the City for signature by the Mayor and City Clerk. Once signed, the plat is ready for recording at Anoka County. The final plat must be submitted for action within six months of approval of the preliminary plat. If you have any questions regarding the above action, please call me at 763-572-3590. Sincerely, � �Sr-' �� ' � �`� S t Hicko Community Development Director SH/jt cc: Albert Marcil — 1170 Norton Avenue Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Sharon Mary Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by Monday, March 17, 2003. Co ur with ac ' n ken. C-03-34 J � _ _ C[TYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E.FRIDLEY,MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE April 15, 2003 Michael Juaire PO Box 43243 Brooklyn Park, MN 55443 Dear Mr. Juaire: On Monday, Aprii 14, 2003, the Fridley City Council officially approved your request for a Final Plat, PS #03-01, to replat property to accommodate an eight unit town home development, legally described as Lot 11, Auditor's Subdivision #89, generally located at 1152 and 1170 Norton Avenue NE. Approval of this Final Plat is contingent upon the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. , 4. All lan�scaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. � Action Taken Letter-Juaire Page 2 Aprii 15, 2003 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. If you have any questions regarding the above action, please call me at 763-572-3590. Sincere , 1�'�2 - � S t Hickok Community Development Director SH/jt cc: Albert Marcil — 1152 Norton Avenue Plat File Address File Assessing Dept. GIS Dept. Special Assessing-Sharon Mary Hintz Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by Monday, April 28, 2003. �� Co cur with act' taken. C-03-52 ; J� - 3U � ��f . 3� . �t��- �l S7! STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Preliminary Plat, PS #03-01 Owner: Mark J. Bayer The above entitled matter came before the City Council of the City of Fridley and was heard on the 3rd day of March, 2003, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To replat property to accommodate an eight unit town home development, legally described as that part of Lot 11, Auditors Subdivision No. 89, Lying East of West 284 Feet thereof, except road, subject to easement of record, generally located at 1170 Norton Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 22 stipulations. See City Council Meeting Minutes of March 3, 2003. 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 subdivision 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 , 2003. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. kogen, City Clerk � � -. � _(SEAL) n_.� ; ,..a ,. �✓ '°« r�� ,� �� -� �� .` ..��c^~, y s � � .`�a-..�'�M"'• q. ..�?��,, ' �___ � FRIDLEY CITY COL�ICIL �IEETING OF �IARCH 3,2003 PAGE 7 / L�PO�i A VOICE VOTE. :�LL'`'OTI�iG AYE, �I_-�YOR LL'�iD DECLARED THE PliBLIC HE�RI�iG CLOSED :�T' 8:23 P.�I. . 7. CO�SIDERaTIO� OF a� ORDIr a�CE TO .��IErD CIT�C' CODE OF THE CITY" OF FRIDLE�', �IIrrESOT:�, BY" �I.-�I{ING a CHarGE Ir ZOYING DISTRICTS (R�'.ZO�IrG REQL�EST, ZOA #03-01, BY �IICH.�EL JtiAIRE, TO REZOrE PROPE �C' FRO�1 �I-1, LIGHT IrDtiSTRIAL, TO R-3, GEtiERaL �ItiLTIPLE ;tiNITS, E`ER�LLY" LOC:�TED aT 11�2 rORTON aVEti'UE N.E.) (`VaR�i) 2). 7:�. CONSIDER�TIO` OF APPROVI�G PRELI�IINARY PL�►T REQUEST, PS #03- O1, BY tiQCHAEL JLi:�IRE, "I'O REPLAT PROPERTY FOR A TOw1iHOvIE DEVELOPVIENT, GENER�LL�' LOCATED AT ll�2 �rD 1170 rORTON AVENUE N.E. (W�RD 2). i�tOTION by Councilmember VVolfe to open the public hearings. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTI`�'G AYE, I�IaYOR LLtiD DECLARED THE PUBLIC HEARING OPE�iED AT 8:23 P.�I. �1r. Bolin, Piannin� Coordinator, stated this w�as a public hearing on a rezoning request and plat request. The petitioner �r�as �Iichael Juaire of PVIJ Group, Inc. L1r. Juaire requested to rezone the property located at 115? Norton Avenue from Iv1-1, Li�ht Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 11�2 and 1170 Norton Avenue to allow for the construction of an 8-unit to�tinhome development. With respect to the rezoning request, 1152 Norton w�as zoned light industrial and the esisting land used as a single-family home. The eYistin� land use �vas not consistent with the e�cisting zonin� designation. Rezoning this property w�ould be an extension of the eYistin� R-3 zonin� classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those rivo lots be combined and replatted for the 8 townhome units. Mr. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in conformance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 fizture land use of this property as beinQ in a redevelopment area. Mr. Bolin said the Plannina Commission recommended approval of the rezoning request on a 3 to 1 vote with nineteen stipulations. The proposed rezoning is an extension of the existing R-3 zoning district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concunence �r-ith the PlanninQ Commission w7th the follow7ng stipulations: l. The final landscape plan shall meet code requirements for number of and sizes of plantings and be re`�ie�ved and appro��ed by City staff prior to issuance of a buildin� permit. FRIDLEY CITSc' COU�TCIL vIEETING OF �LaRCH 3, 2003 PAGE 8 ' 2. :� landscape plan for the ponding area, in lieu of fencinQ to be reviewed and approved by Citv staf�prior to issuance of a buildina permit. v 3. A storm Fond mainter.ance a�reement shall be riled ��ith the Cit�� prior to issuance of a buildin� permit. y =�. �ll landscaped areas shall have irriQation installed. �. The proposed walkw-av shall be concrete. 6. Brick type and application on elevations and other esternal buildinQ materials to be revie�ved and approved by City staff prior to issuance of a buildinQ permit. 7. A gradina and draina�e plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Si�c inch w-atermain to the looped according to City engineering staff s specifications. 10. A 12-foot utility and drainage easement shall be aranted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a buildin� permit. � FRIDLEY CITY COUYCIL I�IEETING OF NI�RCH 3, 2003 PAGE 9 �'0. Pro��ide proef that an�� existina w-ells or individual sewaae treatment systems locatzd on thz site are propem� capged or remov�d. �1. .� De�elopr.lznt ��7reer�znt outlinin� the Developer's obli�7atior. to install utilities. etc., �vill be prepared b�� the City and shall be si�ned bv the Petitioner prior to final plat approval. �Ir. Bolin said that �L-ith re�pect to thz preliminan� plat, the proposed to�tinhome de��elopmznt met all the lot size, setback. lot coveraQe, and parkin� requirements. He said there w-ere 9 lots. Each to��nhome had a lot and the ninth lot �L•ould be the common property. The Plannins Commission revie�ved the preliminary• plat request and unanimouslv approved it w-ith nineteen stipulations. City staff recommended concurrence w-ith the Platltling Commission and recommended the addition of t�vo stipulations. Councilmember Wolfe asked about the number of stipulations. Ltr. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be follow�ed. Councilmember Billinas asked if 1 l�? was a landlocked pazcel or if it w-as across from another street. �1r. Bolin replied there was a 12-foot w7de easement that went acrass 1170 into 1152. There are eYisting homes on 1152 and 1170. Councilmember Billin?s asked about the parcel that w�as immediately north of 11�2 and 7090 and south of 7151. Mr. Bolin replied he believed that Harstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked how the creek divided the property. Mr. Bolin replied that there was an easement across the northwest corner of the property. He said the Rice Creek Watershed District was reviewing this plan. They have requested easements to protect the edge of the creek. City Engineering staff requested a 25-foot easement from the center of the creek, so they do not have anything impacting the creek. Mayor Lund asked about the pond on the property that was mentioned in the stipulations. �Ir. Bolin said there w�as a pond proposed for the north ed�e of the property. Petitioner proposed putting a fence around it. y FRIDLEY CIT�' COtii�iCIL MEETING OF' I�IARCH 3,2003 PAGE 10 , ' �tavor Lund stated that the pond was for runoff from asphalt and hard surfaces. �Ir. Bolin stated that ��as correct. �ta�•or Lund asked about the Fire Departmznt'S turn around. He w�anted to know- if it w-as on the �vest side. �1r. Bolin r:,plied that it �vas. He said thz Fire Department requested an arran�ement like this sa the�- could aet a L-uck in and turn it around. �Ir. Ed Stanke. 7091 Hi�h�vav 6�, said he was present for several reasons. Council had answ-ered some ot his questions. He said �r-hen this proposal was tirst made, thev were told the to�vnhomes would be sold. Thev found out that they are not for sale, but are goin� to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. 1�layor Lund asked if�Ir. Stanke had spoken to staff about the drainage problem. Mr. Stanke replied that they had addressed it with Medtronics engineering staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it was designed to run out onto Norton Creek, onto the cul-de-sac or into the storm sewer to the east. Mr. Haukaas, Public Works Director, stated that was the existing drainage pattern for that area. The development would not significantly change that drainage. Mr. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations are based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a lazge area and the pipe that was installed for the Medtronic entrance was sized based on the creek, not for any other improvements adjacent to it. Changes in runoff are dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. N1r. Stanke replied after. • FRIDLE�C' CITY COL��iCIL vIEETIYG OF vIARCH 3, 2003 PAGE 11 Counciimzmber BillinQs said land alteration permiu Qo through both the Citv Engineerinj and Communitv Development Departments. I-�e asked staff if any land alteration permits were obtained bv the existing propem� owner. �Ir. Haukaas said he did not remember one separate from the �[edtronic development. Councilmember Billinas stated he thouQht this needed to be addressed. �Ir. Haukaas replied the�� w�ould look at it, but ��ithout kno��ledQe of w�hat ��as there other than peoples' memories, it would be �-ery difficult. Councilmember Bi1linQs stated �1r. Stanke may have other remedies. i�1r. Stanke stated if there was Qoing to be a new development, they better meet the requirements of the land elevations and he would like to have it looked at. Councilmember Bamette asked if all of the property along Norton Avenue with the exception of 11�2 is currently zoned R-3. Mr. Bolin replied that it was. Councilmember Barnette said that 1170 tivas a sinQle-family dwelling but was zoned R-3. He asked why. y Mr. Bolin replied that the R-3 district w�as created around 1969. It allowed the R-2 district to have only sin�le-family and two-family homes. The entire nei�hborhood was zoned R-3. Councilmember Barnette asked if 1170 was currently R-3. Mr. Bolin replied that it was. Councilmember Barnette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. Mr. Bolin stated he would have that right, but he would still need to meet the land azea requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. Ms. Cindy N1abe1, 1214 Norton, said she had spoken with the owner of 1163. He said he had already been in contact with Mr. Juaire and told him he would sell after July. The owner of 117� had also been contacted. His house �vas vacant no�v and he �vas anxious to sell. She wanted to kno�v if they should be plarLnin� for the whole project no�v and considering the impact on the FRIDLEY CITY COL"YCIL �IEETING OF i�L-�RCH 3, 2003 PAGE 12 ' neiQhborhood. She also said there was a problem ��ith the map in that 7103 was not listed. That is o�vned b�� E-Iarstad. karen Sorenson wTote a statement that she w-as contacted bv �Ir. Juaire and was told that these tow�houses ��ere goinQ to be for sale, for people to buy them, not to rent. �Is. Sorenson �vas unable to comz to the meetin�� and asked that this be submitted. She said she had a petition to submit also. � �IOTIO� bv Councilmember w�olfe to receive the petition and the letter from Karen Sorenson. Seconded bti� Councilmember Bariette. tiPON A VOICE �"OTE, :�LL VOTIrG :��c"E, M�YOR LL�iD DECLARED THE �IOTION C�RRIED U�i�rI�IOUSLY. Ms. Mabel said that there are many trees in the area and at the Plannin� Commission meetin� 1�1r. Juaire said there would be only siY left. She stated that she was also concerned about parking. If the only parking available was in the garages and on space directly in front of the garage, people would be parkina on the street. They already have a parking problem. She also worried about the safety of the children in the area with the e:ctra traffic. She said she was not against rental property, but wanted to see the development be consistent with what was already in the azea, and that was double bungalo�vs. Councilmember Wolfe asked if staff knew of all of the buildings that w�ere potentially going to be in that area to prepare for the extra runoff. NIr. Haukaas replied that they could not do much with specuiation. He said they have_heard the same thing, but without actual plans and movement by the property owner or potential owner to do something, there was nothing they could act on. �layor Lund asked if the petitioner would come forward. Mr. Michael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PMJ Group, stated that he had a contractual arrangement with 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted with the ability to sell. He said they were planning that within a five-year time frame. He said it was their intention for the units to initially be rentals. After a four to five yeaz time frame, they would be sold individually. That was why they �vere being platted individually. He stated that Mr. Stanke did bring up the drainage issue with him, and he said he would talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2 % to 3 inch trees w111 be added to replace those taken. . FRIVLEY CIT�c" COU1iCIL l�1EETI�`G OF vLaRCH 3,2003 PAGE 13 w'ith respect to parkin;. the desian �vent bevond the requirements. T'here �vere two covered and non-covered parkin; spots per unit. for a total of 16 spaces. �[avor Lund asked if he was a�vare of an�• tand or soil movement on the property. �Ir. Juaire reptied that he �vas not. The owner did teil him that he put a timber retaininQ �vall on the ��est end of the property. �fayor Lund asked Attorney Knaak if the Council had any authority to restrict zonin� based on ownership versus rental properties. Attorney Knaack replied the Council did not. Councilmember Billings asked what the square foota?e of the units was. N1r. Juaire replied 1,700 square feet. Councilmember Billings asked him if he had any ballpark idea of what the rent would be. NIr. Juaire said around $1,2�0. Councilmember Billin�s asked ho�v many bedrooms would be in each unit. Mr. Juaire said there �vould be three bedrooms and tw�o and one-half bathrooms. Councilmember Billings asked w-hat kind of income would people need to have in order to afford the $1,2�0 rent. �tr. Juaire said he believe it was a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a yeaz or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similar project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. Mr. Juaire stated $170,000. Mayor Lund asked about traffic counts. FRIDLEY CITY COtTNCIL �IEETING OF MARCH 3, 2003 PAGE 1-� - ti1r. Haukaas replied there were no traffic counts for Norton Avenue. T'here would be increased traffic but he thou�ht the road could handle it. �is. Pam Re��nolds. 1?-�l tierton, said that ��ith respect to the rezoninJ. she reviewed the Comprehensive Plan. She did tind that thzre �ti-as a Norton Creek repair project �lated ben��een 200� and ?00�. �Ir. Juaire can build, and it w-ill increase traffic. When she read the Comprehensive Plan under zoninQ issues, it said cnan�es should be carefullv considered to ensure that the proposal did not ad��ersety impact nei`hborhoods, community character, or set an undesirable precedent. Lookin� at that statement, if this area was rezoned there would be 3 units. �Ir. Juaire ��ill possibly obtain another 8 or 1? more. It w•ould chan�e their neiQhborhood drastically. She said she thought there w-ere better thinQs the property could be used for. i�Is. Rey�no(ds said the other thina the Comprehensive Plan discussed w-as that it was the Petitioner's responsibility to prove the proposal was within the interest of the community and w-ithin the spirit of the plan. �tr. Juaire spoke about his vision at the Planning Commission and said it was an upscale, high-end project, and he hoped to attract young professionals. She said most voun? professionals she kne�v were payin� $9�0 at the most and were trying to save to buy a house of there own. She said she did not know of many professionals �vho would want to live adjacent to a railroad yard, high power lines, a highway and a parking lot of a larae employer. She said it �vas not consistent wzth the neighborhood. Considering the location, she did not think it w�ould attract youn� professionals. Instead, she thou�ht it would attract multiple renters and a lot of traffic. Ms. Reynolds said she had one other item to discuss. She asked how much disruption�would be caused in the neighborhood while the project was being constructed. She asked who was goin� to take care of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thought Council and the Planning Commission should look at this again and really think hard about what there �vere doing to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he a�reed with the Planning Commission in that this was a nice looking building that would be an asset to the area. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concerned with how large the project was and what it would do to the neighborhood. She said it would add people and more traffic. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She was also concerned about parking. If they could not park on the cul-de-sac, they would park on the streets. She was concerned that this would set a precedent for the property at 117� and 1163. She said she was concerned �vith the number of renters in the area. She �vas also concerned about the pond and the problem it could possibly cause for young , � FRIDLEY CIT�C" COUNCIL �IEETIvG OF �Ir1RCH 3, 2003 PAGE 15 children. She said she �could Iike a fence put up around the pond. She said it was a nice nei�hborhood ar:d this project ��ould detinitely chan�e the dvnamics of the neiahborhood. Councilmember Billin�s asked ��hat 1 1�� as currentiv zored. Mr. Bolin replied it �vas zoned �I-l. Councilmember Bi1lin�s asked ��-hat cou!d be put in an �I-1 district. �Ir. Botin said there were a number of diffzrent li�ht industrial uses. �nythina could be put in that did not involve outdoor stora�e or manipulation of goods or products. � Councilmember Billinas stated if they did not rezone 11�2 and access to 11�2 was from Norton Avenue the property could be bouQht for liaht industrial use and there could be traffic brinaing in �oods and takin� goods out. y i�Ir. Bolin stated that was correct. Councilmember Billings asked about traffic patterns in an M-1 district. Mr. Bolin said there �vas more traffic from industrial and commercial users durin? the daytime hours than there w-ould be from residential users. Ms. Reynolds said there w�as a problem with the zor,�ng map. According to the map they received from City Hall their neighborhood was C-1, which was local business. Sr.e stated that at the Planning Commission meeting, they had no idea why it was ti1-1. It was corrected but not until she asked. Mr. Bolin replied that this map was an old version. It was conected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Coimcilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR # 3-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBAC GENERALLY LOCATED AT 591� DOVER STREET N.E. ARD 3 TABLE FEBRUARY 24,2003 . Mr. Bolin, Planning Coordinator, stated the petiti ner was Timothy Nliller, the property owner of �91 Dover. �Ir. Miller �vas seeking two variances at would allow for the reduction of the front yard setback at his residence located at �91 Dover treet. The first variarice was to reduce the FRIDLEY CIT�C" COUNCIL 1�IEETING OF NI.aRCH 3, 2003 PAGE 16 � front yard setback from ?9 feet to 18.� feet. This ��ould recoanize the existinQ non-conformity-. the :,xistin� placement of his home. The second +�ariance request would be to reduce the front vard setback from `'9 feet do�ti-n to 10 feet to accommodate proposed construction of an open co��ered porch on the ��est sidz of his home. He said the Appeals Commission recommended appro��al ot the front yard set back variance to recoanize the esistin, non-conformity. The variance simply recoynized the pre-existinQ condition. Approvina the variance �vould not set a precedent for undzveloped lots in the future. �,b"ith�:respect to the second variance request the appeals Commission recommended denial. �io similar variar:ces have been R:anted in the past, an alternative optiun did eYist, and there did not appear to be undue hardship. Staff recommended concurrence w-ith the Appeals Commission. 1 , �Ir. Timothv Miller, �91 Dover Street, stated the p'�rch issue �vas discussed at the Appeals Commission meeting. 'i Councilmember Wolfe asked how he felt about the deci�ion. ', Mr. i�liller said it would have been nice if it was approved. MOTION by Councilmember Barnette to remove this `item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTIrG AYE, NIAYOR LU�1D DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about chanbing the address; and he did not want to pursue that option. He would like to leave everything the way it was and�et the setbacks taken care of. MOTION by Councilmember Barnett to approve the front yard setback variance request recognizing an existing non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR L�UND DECLARED THE MOTION CARRIED UNAMIMOUSLY. 1 MOTION by Councilmember Barnett to deny the front yard setback request to reduce the front yazd setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. NEW BUSINESS: 9. FIRST READING OF AN ORDINANCE TO A�1END THE CITY CODE OF THE CITY OF FRIDLEY, 1�II�iNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-1, BY �IICHAEL .TL�AIRE, TO �• FRIDLEY CITY" COL�CIL �IEETING OF �LaRCH 3, 2003 PAGE 17 REZONE PROPERTY" FRO�I � 1, LIGHT INDUSTRIAL, TO R-3, GENERAL �IL�LTIPLE C�iITS, GE�iE L.�C" LOC:�TED :�T 1152 NORTON AVENL"E �i.E.) (tiV:�RD ?). �tOTIOti bti Councilmember ��d fe to �L�aice the readina and approve the ordinance on tirst reading. Seconded b�� Councilrrx�mber BillinJs. J / L'PO�i a VOICE VOT,E, ALL VOTI�iG :�YE, MaYOR LU�(D DECLARED THE ��IOTION CARRIED L;�IavII�IOUSLY. 10. PRELI�IIr aRY' PLAT REQUEST, PS #03-01, BY' 1�QCHAEL JtiAIRE, TO REPL�T PROPERTY" FOR A TO`ti�1HO�1E DEVELOPVIENT, GENERALLY" LOCATED �T 11�2 AND 1170 NORTON AVENtiE N.E. (WARD 2). MOTION by Councilmember Wolfe to approve Preli•ninary Plat Request, PS #03-01 �vith the followin� stipulations: l. The final landscape plan shall meet code requirements for number of and sizes of plantinas and be revie�ved and approved by City staff prior to issuance of a building permit. 2. � landscape plan for the pondin� area, in lieu of fencing to be review�ed and approved by City staff prior to issuance of a buiiding permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have imgation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other extemal building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Si�c inch watermain to the looped according to City engineering staf�s specifications. 10. A 12-foot utility and drainage easement shall be granted alona the entire southern edge of the property prior to final plat. � FRIDLEY" CIT'�C' COLTiCIL I�IEETI�iG OF �I.-�RCH 3, 2003 PAGE 13 ' 1 l. :� ��-foot easement from the centerline af�iorton Creek on the ��est �ide of the propem� shall be aran[ed prior to tiaal p1at. 1�. The par!cin�* lot shall be constructed to code �tandards. 13. :-�11 elzments of the buildinJ shall meet the current buildin, code and be approved by the Citv Bui(dins Official. l�. The petitioner shall pac applicabte par� dzdication fee of �1,�U0 pzr unit prior to the issuance of an�� buildinQ pzrmits. 1�. Thz tire turn around shall be re-desiQned to meet the Citv's Fire Department standards. 16. The drive��av and tire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, `No ParkinQ Fire Lane." 18. The size of the landscape islands shall be reduced by � feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a buildinQ permit. 20. Provide proof that any �Y15t1IIQ w�ells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development A�reement outlining the Developer's obliQation to install utilities, etc., will be prepared by the City and shall be signed by theyPetitioner prior to final plat approval. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, �1AYOR LUND DECLARED THE MOTION CARRIED UNANIIMOUSLY. 10A. ORDINANCE ANTENDIN(�, CHAPTER 6 OF THE FRIDLEY CITY CODE AME�IDING MENIBERSHIP�yOF THE PLANNING COMv1ISSION FROM TWO NIE�IBERS-AT-LARGE TO T�IREE MEMBERS-AT-LARGE. MOTION by Councilmember Barnett to �ive the readin� and approve the ordinance on first reading. Seconded by Councilmember Wolfe.\ UPON A VOICE VOTE, ALL VOTING �YE, l�I.�YOR LiT'iVD DECLARED THE MOTION CARRIED UNA�IIti10USLY. ., `, . ABSTRACT Receipt# 70J �. � ❑ Incorrect/No Reference# Date/Time �;�� ❑ Non-standard Document ❑ Certified Copy/ DOCUMENT N0. Document Order � of � 17 8 4 9 0 0 . 0 AB S TRACT PINs �� ANOKA COUNTY MINNESOTA I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordabiliry �_ ��' FOR RECORD ON APR 0 7 2 0 0 3 Filing Fees $ AT 4 : 3 0 PM AND WAS DULY RECORDED. CopylAdditional Pg Fees $ ❑ Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 0 . 0 0 PAID. � Transfer RECEIPT N0.2 O O 3 O 6 5 7 O 5 Well Cert Fees $ � Division MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUN7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment � New legal Description JMH BY � No Legal Description � GAC DEPU7YPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Non-existent Legal Description � Deferred Specials ❑ Part(s)Illegible No Change 9 3 > j ( a . 3 � - � � , 3t _ oo� 5i STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Preliminary Plat, PS #03-01 Owner: Albert L. Marcil The above entitled matter came before the City Council of the City of Fridley and was heard on the 3�d day of March, 2003, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To replat property to accommodate an eight unit town home development, legally described as the East 169 Feet of West 284 Feet of Lot 11, Auditors Subdivision No. 98, Subject to easement of record, generally located at 1152 Norton Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 22 stipulations. See City Council Meeting Minutes of March 3, 2003. 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 subdivision 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 , 2003. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra . Skogen, Ci y Clerk �. � •: .��,� , '�" � n t . L� J r t.r... � . . � q,.. � ., n �; ` �',;'y� (SE/��) . . C�� a r , �� , . ,,.� WIY "'a : I� ,.;. � 7 7' ^ � , f ��r+�� . • s.. ��, v' ��6�wlk� m` . b � :�j � � ' � ��„�� , i , . . >, , ,S _3 ;•. L'L �:� � .r.,.,�,.. � , , : i�,.�� .•� �� , y' • . , � . FRIDLEY CITY COUNCIL MEETING OF NIARCH 3, 2003 PAGE 7 / UPON A VOICE VOTE, ALL.'�VOTING AYE, NIAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 8:22 P.M. � 7. CONSIDEI2ATION OF AN ORDINANCE TO ANIEND CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKIivG A CHANGE IN ZONING DISTRICTS (R�ZONING REQUEST, ZOA #03-01, BY MICHAEL JUAIRE, TO REZONE PROPE Y FROM M-1, LIGHT INDUSTRIAL, TO R-3, GENERAL MULTIPLE ;UNITS, ENERALLY LOCATED AT ll�2 NORTON AVENUE N.E.) (WA1�D 2). 7A. CONSIDERATION OF APPROVING PRELIMINARY PLAT REQUEST, PS #03- O1, BY I�IICHAEL JUAIRE, TO REPLAT PROPERTY FOR A TOW�iHOiVIE DEVELOPME�TT, GENERALLY LOCATED AT ll52 AND 1170 �TORTON AVENUE N.E. (WARD 2). MOTION by Councilmember Wolfe to open the public hearings. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTIl"rTG P�YE, NIAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:23 P.NI. Mr. Bolin, Planning Coordinator, stated this was a public hearing on a rezoning request and plat request. The petitioner was Michael Juaire of PM.T Group, Inc. Mr. Juaire requested to rezone the property located at 1152 Norton Avenue from M-1, Light Industrial, to R-3, Multi-Family. The petitioner also requested to replat both 1152 and 1170 Norton Avenue to allow for the construction of an 8-unit townhome development. With respect to the rezoning request, 1152 Norton was zoned light industrial and the existing land used as a single-family home. The existing land use was not consistent with the existing zoning designation. Rezoning this property would be an extension of the eYisting R-3 zoning classification, as the entire Norton Avenue block is zoned R-3, Multi-Family. He said the petitioner owned property 1170 Norton Avenue and had proposed that those two lots be combined and replatted for the 8 townhome units. Mr. Bolin stated that the City's zoning ordinance and zoning map are the mechanisms that help the City achieve the vision laid out in the City's Comprehensive Plan. The law gave the City the authority to rezone property from one designated use to another as long as the zoning was in confonnance with the Comprehensive Plan. The Comprehensive Plan designated the 2020 future land use of this property as being in a redevelopment area. Mr. Bolin said the Planning Commission recommended approval of the rezoning request on a 3 to 1 vote with nineteen stipulations. The proposed rezoning is an extension of the existing R-3 zoning district, and the rezoning would be consistent with the Comprehensive Plan. City staff recommended concurrence with the Planning Commission with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approced by City staff prior to issuance of a building permit. � _ FRIDLEY CITY COUNCIL MEETING OF MARCH 3,2003 PAGE 8 : " , . 2. A landscape plan for the ponding area, in lieu of fencing to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staf�s specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the cunent building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. . . � �. FRIDLEY CITY COUNCIL MEETING OF MARCH 3,2003 PAGE 9 20. Provide proof that anv existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlininQ the Developer's obliQation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. �Tr. Bolin said that with respect to the preliminary plat, the proposed townhome development met all the lot size, setback, lot coverage, and parking requirements. He said there were 9 lots. Each townhome had a lot and the ninth lot would be the common property. The Planning Commission reviewed the preliminary plat request and unanimously approved it with nineteen stipulations. City staff recommended concurrence with the Planning Commission and recommended the addition of two stipulations. Councilmember Wolfe asked about the number of stipulations. Mr. Bolin replied that the majority of the stipulations were code requirements, City policies, or State statutes, and were put into stipulation format so there would be no questions that they needed to be followed. Councilmember Billings asked if 1152 was a landlocked parcel or if it was across from another street. Mr. Bolin replied there was a 12-foot wide easement that went across 1170 into 1152. There are existing homes on 1152 and 1170. Councilmember Billings asked about the parcel that was immediately north of 1152 and 7090 and south of 7151. Mr. Bolin replied he believed that Harstad Companies was located there and Mobile Home Sales was located to the north of that. Councilmember Billings asked what 7151 and the unidentified piece were zoned. Mayor Lund asked how the creek divided the property. Mr. Bolin replied that there was an easement across the northwest corner of the property. He said the Rice Creek Watershed District was reviewing this plan. They have requested easements to protect the edge of the creek. City Engineering staff requested a 25-foot easement from the center of the creek, so they do not have anything impacting the creek. Mayor Lund asked about the pond on the property that was mentioned in the stipulations. Mr. Bolin said there was a pond proposed for the north edge of the property. Petitioner proposed putting a fence around it. FRIDLEY CITY COUNCIL MEETING OF MARCH 3,2003 PAGE 10 ,� ' . Mayor Lund stated that the pond was for runoff from asphalt and hard surfaces. Mr. Bolin stated that was correct. Mayor Lund asked about the Fire Department's turn around. He wanted to know if it was on the west side. Mr. Bolin replied that it�vas. He said the Fire Department requested an arrangement like this so they could get a truck in and turn it around. Mr. Ed Stanke, 7091 Highway 65, said he was present for several reasons. Council had answered some of his questions. He said when this proposal was first made, they were told the townhomes would be sold. They found out that they are not for sale, but are going to be houses for rent. He stated this made them feel differently. He said he wanted to make sure that the elevations of this property do not slope to the west because there may be drainage problems. Mayor Lund asked if Mr. Stanke had spoken to staff about the drainage problem. Mr. Stanke replied that they had addressed it with Medtronics engineering staff and they put in an oversized culvert to handle water Councilmember Barnette asked about the detention pond and if it was designed to run out onto Norton Creek, onto the cul-de-sac or into the storm sewer to the east. Mr. Haukaas, Public Works Director, stated that was the existing drainage pattern for that area. The development would not significantly change that drainage. Mr. Stanke said he wanted to make sure. Councilmember Wolfe said one of the stipulations said that grading and drainage plans should be submitted to City Engineering staff prior to the issuance of a building permit. Mr. Haukaas replied that they would review the grading and drainage plan. All their calculations are based on the conditions as they exist today. It is not meant to go back and remedy past problems. He said that Nortin Creek did serve a large area and the pipe that was installed for the Medtronic entrance was sized based on the creek, not for any other improvements adjacent to it. Changes in runoff are dealt with at the time of redevelopment Mr. Stanke asked if it would make a difference if they were owned or rented. Councilmember Billings asked Mr. Stanke if the current owner of the property moved some dirt around before or after the Medtronic project. Mr. Stanke replied after. � . � . FRIDLEY CITY COUNCIL MEETING OF MARCH 3,2003 PAGE 11 Councilmember Billings said land alteration permits go through both the City Engineering and Community Development Departments. He asked staff if any land alteration permits were obtained by the existing property owner. Mr. Haukaas said he did not remember one separate from the Medtronic development. Councilmember Billings stated he thought this needed to be addressed. Mr. Haukaas replied they would look at it, but w7thout knowledge of what was there other than peoples' memories, it would be very difficult. Councilmember Billings stated Mr. Stanke may have other remedies. Mr. Stanke stated if there was going to be a new development, they better meet the requirements of the land elevations and he would like to have it looked at. Councilmember Barnette asked if all of the property along Norton Avenue with the exception of 1152 is currently zoned R-3. Mr. Bolin replied that it was. Councilmember Barnette said that 1170 was a single-family dwelling but was zoned R-3. He asked why. Mr. Bolin replied that the R-3 district was created around 1969. It allowed the R-2 district to have only single-family and two-family homes. The entire nei�hborhood was zoned R-3. Councilmember Barnette asked if 1170 was currently R-3. Mr. Bolin replied that it was. Councilmember Barnette asked if the developer and wanted to build a four-plex on 1170, he would have a right to build a multiple dwelling on 1170. Mr. Bolin stated he would have that right, but he would still need to meet the land area requirements. Councilmember Barnette asked if a developer could come in and put townhomes in that area since it was already zoned R-3. Mr. Bolin replied it was possible. Ms. Cindy Mabel, 1214 Norton, said she had spoken with the owner of 1163. He said he had already been in contact with Mr. Juaire and told him he would sell after July. The owner of 1175 had also been contacted. His house was vacant now and he was anxious to sell. She wanted to know if they should be planning for the whole project now and considering the impact on the — FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 12 . . neighborhood. She also said there was a problem w7th the map in that 7103 was not listed. That is owned by Harstad. Karen Sorenson wTote a statement that she was contacted by Mr. Juaire and was told that these tow�nhouses w�ere goina to be for sale, for people to buy them, not to rent. NIs. Sorenson was unable to come to the meetin� and asked that this be submitted. She said she had a petition to submit also. NIOTION by Councilmember Wolfe to receive the petition and the letter from Karen Sorenson. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Mabel said that there are many trees in the area and at the Planning Commission meeting Mr. Juaire said there would be only six left. She stated that she was also concerned about parking. If the only parking available was in the garages and on space directly in front of the garage, people would be parking on the street. They already have a parking problem. She also worried about the safety of the children in the area with the extra traffic. She said she was not against rental property, but wanted to see the development be consistent with what was already in the area, and that was double bungalows. Councilmember Wolfe asked if staff knew of all of the buildings that were potentially going to be in that area to prepare for the e�ra runoff. Mr. Haukaas replied that they could not do much with speculation. He said they have heard the same thing, but without actual plans and movement by the property owner or potential owner to do something, there was nothing they could act on. Mayor Lund asked if the petitioner would come forward. Mr. Michael Juaire, 9814 Pin Oak Avenue, Brooklyn Park, owner of PMJ Group, stated that he had a contractual arrangement with 1152 and 1170. Councilmember Wolfe said he would like Mr. Juaire to answer some of the residents' questions. Mr. Juaire stated with respect to the issue of for sale versus for rent, his business was rental property. He built rental property and retained it. He did not sell it and was not an absentee landlord. He said the properties were in excellent shape, excellent condition and maintained well. He said he did a thorough job of screening of tenants. This was the first property that he was planning for construction. It was being replatted for the ability to sell. He said they would be platted with the ability to sell. He said they were planning that within a five-year time frame. He said it was their intention for the units to initially be rentals. After a four to five year time frame, they would be sold individually. That was why they were being platted individually. He stated that Mr. Stanke did bring up the drainage issue with him, and he said he would talk to Mr. Stanke more about the issue. He said if there were particular issues that needed to be addressed, he would like to know. He said that 2 '/2 to 3 inch trees will be added to replace those taken. � ' '. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 13 With respect to parking, the design went beyond the requirements. There were two covered and non-covered parking spots per unit. for a total of 16 spaces. Mayor Lund asked if he was aw�are of any land or soil movement on the property. Mr. Juaire replied that he was not. The owner did tell him that he put a timber retaining wall on the west end of the property. Mayor Lund asked Attorney Knaak if the Council had any authority to restrict zoning based on ownership versus rental properties. Attorney Knaack replied the Council did not. Councilmember Billin�s asked what the square footage of the units was. Mr. Juaire replied 1,700 square feet. Councilmember Billings asked him if he had any ballpark idea of what the rent would be. Mr. Juaire said around $1,250. Councilmember Billings asked how many bedrooms would be in each unit. Mr. Juaire said there would be three bedrooms and two and one-half bathrooms. Councilmember Billings asked what kind of income would people need to have in order to afford the $1,250 rent. Mr. Juaire said he believe it was a minimum of three times that amount per month. Councilmember Billings replied, so he was looking at a household income of about $40,000 a year or more in order to be able to justify paying the kind of rent he was planning on charging. Mr. Juaire said he was interested in doing a similar project at 1163 and 1175. He said the owners have not committed to sell at this point. Councilmember Billings asked if he and his engineer had made any considerations to the present site that would include the possibility of acquiring the additional properties. Mr. Juaire replied it was discussed but there were too many unknowns. Councilmember Barnette asked how much a unit would sell for. Mr. Juaire stated $170,000. Mayor Lund asked about traffic counts. FRIDLEY CITY COUNCIL NIEETING OF MARCH 3, 2003 PAGE 14 ,' ' ' N1r. Haukaas replied there were no traffic counts for Norton Avenue. There would be increased traffic but he thought the road could handle it. Ms. Pam Reynolds, 1241 Norton, said that with respect to the rezoning, she reviewed the Comprehensive Plan. She did find that there was a Norton Creek repair project slated between 2003 and 2004. Mr. Juaire can build, and it will increase traffic. When she read the Comprehensive Plan under zoning issues, it said changes should be carefully considered to ensure that the proposal did not adversely impact neighborhoods, community character, or set an undesirable precedent. Looking at that statement, if this area was rezoned there would be 3 units. i�1r. Juaire will possibly obtain another 8 or 12 more. It would change their neighborhood drastically. She said she thought there were better things the property could be used for. Ms. Reynolds said the other thing the Comprehensive Plan discussed was that it was the Petitioner's responsibility to prove the proposal was within the interest of the community and within the spirit of the plan. Mr. Juaire spoke about his vision at the Planning Commission and said it was an upscale, high-end project, and he hoped to attract young professionals. She said most young professionals she knew were paying $950 at the most and were trying to save to buy a house of there own. She said she did not know of many professionals who would want to live adjacent to a railroad yard, high power lines, a highway and a parking lot of a large employer. She said it was not consistent with the neighborhood. Considering the location, she did not think it would attract young professionals. Instead, she thought it would attract multiple renters and a lot of traffic. Ms. Reynolds said she had one other item to discuss. She asked how much disruption would be caused in the neighborhood while the project was being constructed. She asked who was going to take care of the maintenance of the properties. She said she was concerned about the safety of the children during construction of the units. She said she thought Council and the Planning Commission should look at this again and really think hard about what there were doing to the neighborhood. Mr. Juaire stated professionals were interested in the properties. He said he agreed with the Planning Commission in that this was a nice looking building that would be an asset to the area. With respect to the Watershed District, he submitted a request over a month ago. They have gone through a review. There was a minor change that needed to be made by the engineer and it has been resubmitted. He expected a permit to be issued within a week. With respect to hours of construction he thought the ordinance said around 7:00 a.m. to 6:00 p.m. Councilmember Wolfe stated the ordinance changed to 9:00 a.m. on weekends. Ms. Leanne Prater, 1215 Norton, said she was concerned with how large the project was and what it would do to the neighborhood. She said it would add people and more traffic. She asked what all the heavy traffic and truck traffic would do to their street. The road already needed some repairs. She was also concerned about parking. If they could not park on the cul-de-sac, they would park on the streets. She was concerned that this would set a precedent for the property at 1175 and 1163. She said she was concerned with the number of renters in the area. She �vas also concerned about the pond and the problem it could possibly cause for young , , . � � � FI2IDLEY CITY COUNCIL MEETING OF MARCH 3,2003 PAGE 15 children. She said she would like a fence put up around the pond. She said it was a nice neighborhood and this project would definitely change the dynamics of the neighborhood. Councilmember Billings asked what 1152 was currently zoned. Mr. Bolin replied it was zoned i�1-1. Councilmember Billin�s asked what could be put in an M-1 district. Mr. Bolin said there were a number of different light industrial uses. Anything could be put in. that did not involve outdoor storage or manipulation of goods or products. Councilmember Billings stated if they did not rezone 1152 and access to 1152 was from Norton Avenue the property could be bought for light industrial use and there could be traffic brin�ing in goods and taking goods out. Mr. Bolin stated that was correct. Councilmember Billings asked about traffic patterns in an M-1 district. Mr. Bolin said there was more traffic from industrial and commercial users during the daytime hours than there would be from residential users. Ms. Reynolds said there was a problem with the zoning map. According ta the map they received from City Hall their neighborhood was C-1, which was local business. She stated that at the Planning Commission meeting, they had no idea why it was M-1. It was conected but not until she asked. Mr. Bolin replied that this map was an old version. It was corrected a couple of years ago, and this map should have been destroyed. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING CLOSED AT 9:50 P.M. OLD BUSINESS: 8. VARIANCE REQUEST, VAR # 3-04, BY TIMOTHY MILLER, TO REDUCE THE FRONT YARD SETBACK GENERALLY LOCATED AT 591 DOVER STREET N.E. (WARD 3) (TABLETI�FEBRUARY 24, 2003). Mr. Bolin, Planning Coordinator, stated the petiti ner was Timothy Miller, the property owner of 591 Dover. Mr. Miller was seeking two variances at would allow for the reduction of the front yard setback at his residence located at �91 Dover treet. The first variance was to reduce the � , . FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 16 .� � � front yard setback from 29 feet to 18.2 feet. This would recognize the e�cisting non-conformity, the existing placement of his home. The second variance request would be to reduce the front yard setback from 29 feet down to 10 feet to accommodate proposed construction of an open covered porch on the west side of his home. He said the Appeals Commission recommended approval of the front yard set back variance to recognize the eristing non-conformity. The variance simply recognized the pre-eYistinQ condition. Approving the variance would not set a precedent for undeveloped lots in the future. With respect to the second variance request the Appeals Commission recommended denial. No similar variances have been granted in the past, an alternative option did eYist, and there did not appear to be undue hardship. Staff recommended concurrence with the Appeals Commis5ion. � Mr. Timothy Nliller, �91 Dover Street, stated the porch issue was discussed at the Appeals Commission meeting. ' Councilmember Wolfe asked how he felt about the decision. Mr. Miller said it would have been nice if it was approved. MOTION by Councilmember Barnette to remove this item from the table. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Miller stated that he did not think there was anything more he could do to get it approved. He said they mentioned something about changing the address, and he did not want to pursue that option. He would like to leave everything the way it was and get the setbacks taken care of. MOTION by Councilmember Barnett to approve the front yard setback variance request recognizing an existing non-conformity. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. MOTION by Councilmember Barnett to deny the front yard setback request to reduce the front yard setback from 29 feet to 10 feet to construct an open, covered porch on the west side of the house. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. NEW BUSINESS: 9. FIRST READING OF AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, BY MAKING A CHANGE IN ZONING DISTRICTS (REZONING REQUEST, ZOA #03-1, BY MICHAEL JU,AIRE, TO '. , � �, FRIDLEY CITY COiTiYCIL 1VIEETING OF MARCH 3, 2003 PAGE 17 REZONE PROPERTY FROVT N 1, LIGHT INDUSTRIAL, TO R-3, GENERAL NIULTIPLE UNITS, GENE LY LOCATED AT 1152 NORTON AVENUE N.E.) (W�RD 2). MOTIOI�T by Councilmember W lfe to waive the reading and approve the ordinance on first reading. Seconded by Council mber Billings. UPON A VOICE VOT , ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AMIl�IOUSLY. 10. PRELIVIINARY PLAT REQUEST, PS #03-01, BY �IICHAEL JUAIRE, TO REPLAT PROPERTY FOR A TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT 1152 AND 1170 NORTON AV�NUE N.E. (WARD 2). MOTION by Councilmember Wolfe to approve Prel'i.�ninary Plat Request, PS #03-01 with the following stipulations: 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu ef fencing to be reviewed and approved by City staff prior to issuan.ce of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. FRIDLEY CITY COUNCIL MEETING OF MARCH 3, 2003 PAGE 18 .' . .� 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to tinal plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current buildin� code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of $1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The drivew�ay and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane." 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are property capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner prior to final plat approval. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED TH� MOTION CARRIED UNAMIMOUSLY. 10A. ORDINANCE AMENDING CHAPTER 6 OF THE FRIDLEY CITY CODE AMENDING MEMBERSHIP�OF THE PLANNING COMMISSION FROM TWO MEMBERS-AT-LARGE TO TI�IREE MEMBERS-AT-LARGE. . � MOTION by Councilmember Barnett to vJ�ive the reading and approve the ordinance on first reading. Seconded by Councilmember Wolfe:`�� UPON A VOICE VOTE, ALL VOTING 1�YE, MAYOR LUND DECLARED THE MOTION CARRIED UNAMIMOUSLY. - � � ABSTRACT � Receipt# 70 Z � ❑ Incorrect/No Reference# Date/Time �"' 1��3 ❑ Non-standard Document ❑ Certified Copy! DOCUMENT N0. 1�g 4 8 9 9 . 0 ABSTRACT Document Order�_of PINs � ANOKA COUNTY MINNESOTA Recordability � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE h FOR RECORD ON APR O 7 2 O O 3 Filing Fees $ V • AT AND WAS DULY RECORDED. Tax Lien/Release 4 : 3 0 PM PAID. Copy/Additional Pg Fees $ � FEES AND TAXES IN THE AMOUNT OF $2 O . O O Well Cert Fees $ ❑ Transfer RECEIPT N0.2 O O 3 O 6 5 7 O 3 ❑ Division MAUREEN J.DEVINE � Incomplete Form � Status ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Missing Attachment � New legal Description ❑ No Legal Description � GAC BY JMH DEPUIY PROPER7Y TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Non-existent Legal Description � Deferred Specials ❑ Part(s)Illegible No Change > . I� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) . In the Matter of: Final Plat, PS #03-01 Owner: Albert L. Marcil /a-30 -- a�- 3/-- aa� 3 � The above entitled matter came before the City Council of the City of Fridley and was heard on the 14th day of April, 2003, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To replat property for a townhome development, legally described as the east 169 feet of west 284 feet of Lot 11, Auditor's Subdivision No. 89, subject to easement of record, generally located at 1152 Norton Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 21 stipulations. See City Council Meeting Minutes of April 14, 2003. 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 subdivision 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 /�'�;; , 2003. DRAFTED BY: City of Fridley T 6431 University Avenue N.E. ; Fridley, MN 55432 Debra . Skogen, City lerk - " � ,- . �<.-� +• (SEAL) ; r,. . ;� ' FRIDLEY CITY" COLNCIL �IEETING OF APRIL 1�, 2003 PAGE 7 �. RESOLL'T'IOr �O. 13-2003 aPPRO'IrG a PLAT, PS #03-01, rORTON �I_a�OR FIRST aDD[TIOr, B�c" �IICH�EL .JL"�IRE, P�[J GROL"P, IrC., FOR THE PL�RPOSE OF CO�iSTRCCTI�iG a�i 3-L��iIT TOW�iHO�1E DE�"ELOP�[E�T. GErER�LL�" LOCaTED aT 1152 arD 1170 rORTO� ��'E�L�E r.E. {ti`�:�RD ?). Dr. Burns. Citv �Ianaaer. stated the preliminary p(at for Norton �Ianor First �ddition �,L�as appro��ed by the Cit�- Cotincil on �Iarch �. Staff recommended Council's approval of the t;nal plat. aDOPTED RESOLL'TIOY NO. 18-2003. 6. VARI arCE ��EQtiEST, V aR #03-07, BY' PETE S�RGEtiT, BELAIR EXCaVATING,\TO REDUCE THE `VIDTH OF A PARKIrG STALL FRO�I 10 FEET TO 9 FE ,T' TO AI,LOW THE EXP��ISION OF A PARKING LOT, GENER�ILL�C" LO aTED AT 13�0 GARDENA AVENUE N.E. VARD 2 . Dr. Burns, City Manag r, stated since this variance applied to the property as a whole, it wou(d also enable Toti o-Grace to restripe existing parkin� at the 9-foot �v7dth. The additional parkin� ��as be g created by T'otino-Grace to satisfy nei�hborhood complaints about student vehicles on 1 cal streets. Additional parking would be built this summer. Staff recommended Council approval with the follo�vin� stipulations: 1. The petitioner shall obtain a necessary permits prior to construction. 2. The petitioner shall be respo ible for maintainin� and cleaning any debris or dirt located in the street durin� the c nstruction process. 3. The petitioner sha11 follow City C e regulations related to the hours of operation for construction equipment. Those hou are 7:00 a.m. to 9:00 p.m. APPROVED VARIANCE REQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATING. 7. APPROVE CHANGE ORDER NO. 2 FO THE CONSTRUCTION OF THE FRIDLEY NIUNICIPAL GARAGE EXPANS N. Dr. Burns, City Manager, stated the change order w in the amount of$2,656.00. The biQgest contributors to this change order included the location of the electrical service to the building and the addition of fire-treated blocking r mounting electrical and data collection boYes. The change order also reflected a $5,70 00 credit for the elimination of roof screenin�. Staff recommended Council's approval. APPROVED. RESOLUTION N0.18-2003 RESOLUTION APPROVING A PLAT, P.S. #03-01, NORTON MANOR FIRST ADDITION, BY MICHAEL JUAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING AN 8-UNIT TOWN HOME DEVELOPMENT, GENERAI�LY LOCATED AT ll52 AND 1170 NORTON AVENUE WHEREAS, the Planning Commission held a public hearing on February 19, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON MANOR FIRST ADDITION at their March 3, 2003, meeting, with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat NORTON MANOR F1RST AD�ITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR FIlZST ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14`h DAY OF APRIL,2003. ,�C%o� . �'G,r� � SCOTT J. LUND -MAYOR ATTEST: DE RA A. S OGEN - ITY CLERK ' Resolution No. 18-2003 Page 2 ` EXHIBIT A STIPULATIONS -NORTON MANOR FIRST ADDITION l. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City priar to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by xhe City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff s specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. ' 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted,"No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner,prior to final plat approval. , . _ - . _ , . . ,.- . - -. ��- . _. . - . _ _ Fi: � - � _ . a._- '. _ - .. _ _ � � .� � _ - � � � ' - " . - - . . __- _ ti _ ��a t—.... .. � `: _ - - _ . ' --. . - - _ _ _ - -- _�. .- - - .:�: .— .� ^ .'R_1:_.y .� �. - .. - _ - - .... _ ,- . _ .. � -_ _:C ". ` ,- ._ , - ti � _ _ _ . _ _ : y,�� :a�'x-KdLC` T�: �`,.ti-_ -�.1` < 'r� s�`� < - ;'.f y'S`. � � Y...! ��"�� 7 _ - ? � ' .�1.' , . �_ � . . '.. . . .- - � . 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Document Order � of � 18 0 5 0 0 8 . 0 ABSTRACT PINs ANOKA COUNTY MINNESOTA Recordability � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Filing Fees $ v(/ FOR RECORD ON��, 2$ 2 0 0 3 ❑ Tax Lien/Release AT 4 • 3 0 PM AND WAS DULY RECORDED. Copy/Additional Pg Fees $ FEES AND TAXES IN THE AMOUNT OF $2 0 . 0 0 PAID. ❑ Transfer well Cert Fees $ 2 0 0 3 0 9 317 9 � Division RECEIPT N0. � Incomplete Form � Status MAUREENJ.DEVINE � Missing Attachment � New Iegal Description ANOKACOUNIYPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES � No Legal Description � GAC eY RP ❑ Non-existent Legal Description � Deferred Specials DEPU7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES ❑ Part(s) Illegible No Change e .� 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 subdivision 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 �n day of ��_, 2003. DRAFTED BY: City of Fridley � 6431 University Avenue N.E. �' . - Fridley, MN 55432 Debra A. Skogen, City s lerk �;':; ' (SEAL) ,,, � . ' FRIDLEY CIT�" COL�CIL �IEETI�iG OF APRIL 1-�, 2003 PAGE 7 5. RESOLLT'IOv NO. 18-2003 aPPROVIrG � PLAT, PS #03-01, NORTON �tarOR FIRST ADDITION, BY" MICHAEL Jti�IRE, P�[J GROL�, ItiC., FOR THE PCRPOSE OF CONSTRL'�CTI�iG aY 8-UNIT TOWr�OvIE DE�"ELOP�[EVT, GErERaLL�C" LOCATED aT ll�2 :�rD 1170 NORTOr ��"E�itiE r.E. (��":�RD 2). Dr. Burns. Citv �fanaaer, stated the preliminary plat for tiorton �tanor First Addition �vas appro��ed by the Cit�� Council on �larch 3. Staff recommended Council's approval of the tinal plat. ADOPTED RESOLL'TION NO. 18-2003. 6. V�RIArCE 1�EQtiEST, �:4R #03-07, BY PETE SARGENT, BELAIR EYCAVATING, TO REDUCE THE WIDTH OF A PARKIr'G STALL FRO�i 10 FEET TO 9 FE T TO ALLOW THE EXPAI�ISION OF A PARKING LOT, GENERALLY LO ATED AT 1350 GARDENA AVENUE N.E. ARD 2 . Dr. Burns, City Mana� r, stated since this variance applied to tlie property as a whole, it would also enable Toti -Grace to restripe eYisting parking at the 9-foot width. The additional parking was be g created by Totino-Grace to satisfy neighborhood complaints about student vehicles on cal streets. Additional parking would be built this summer. Staff recommended Council approval with the followinQ stipulations: 1. The petitioner shall obtain a necessary permits prior to construction. 2. The petitioner shall be respo ible for maintainin� and cleaning any debris or dirt located in the street during the c nstruction process. 3. The petitioner shall follow City C e regulations related to the hours of operation for construction equipment. Those ho aze 7:00 a.m. to 9:00 p.m. APPROVED VARIANCE REQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATING. 7. APPROVE CHANGE ORDER NO. 2 FO THE CONSTRUCTION OF THE FRIDLEY MUNICIPAL GARAGE EXPANS N. Dr. Burns, City Manager, stated the change order w in the amount of$2,656.00. The bijgest contributors to this change order included the location of the electrical service to the building and the addition of fire-treated blockin� r mounting electrical and data collection boxes. The change order also reflected a $5,70 00 credit for the elimination of roof screening. Staff recommended Council's approval. APPROVED. ` RESOLL'TIOY N0.18-2003 RESOLL''TION �PPRO`�NG A PLAT, P.S. #03-01, NORTON l�i_-��iOR FIRST aDDITION, BY �IICHaEL JU�IRE, P�IJ GROUP, I�C., FOR THE PL'RPOSE OF CONSTRUCTIrG A:�1 8-L�IT TO�VN H01�IE DEVELOP�IENT, GENER4I,LY' LOCATED AT 1152 �'YD 1170 NORTO�AVENUE W�iEREAS, the Planning Commission held a public hearing on February 19, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON i�1�tiOR FIRST ADDITION at their I�larch 3, 2003, meeting,with stipulations attached as Exhibit A; and WHEREAS, a copy of the plat NORTON MANOR FIRST AD�ITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON MANOR FIRST ADDITION and directs the petitioner to record plat at:Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14`h DAY OF APRIL, 2003. ,�G%0'u- . �'G,� � SCOTT J. LUND - MAYOR ATTEST: DE RA A. S OGEN - ITY CLERK - . Resolurion No. Is-'003 Page 2 _ . . E�IIBIT A STIPL"LATIO�S -NORTON �i.a:�OR FIRST ADDITIO�i 1. The f nal landscape plan shall meet code requirements for number of and sizes of plantin�s and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencin;, to be revie�ved and appro��ed by City staff prior to issuance of a building permit. 3. A storm pond maintenance a�reement shall be filed with the City prior to issuance of a buildin� permit. 4. All landscaped areas shall have irri�ation installed. S. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and draina�e plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12-foot utility and drainage easement shall be jranted alon� the entire southern ed�e of the property prior to final plat. 11. A 2�-foot easement &om the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of�1,500 per unit prior to the issuance of any building permits. ' 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standazds. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment 19. The petitioner shall meet all R.ice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's oblioation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner,prior to final plat approval. ' - � � . ...- . . .. . ` � � . . ' '�� :�`� � . " � .. �'' . - -. . . ' ... _ - _ _ ' • . �. -� o _.- . . ._ " i. „�-•:� � ' � � . " -- ` . � � . • . - . � . �..K.�.�:s�. - � . . . ' - . .� � , -� � ' � " �a �'_ ' " . . � . � . . .� � . :. ....��. � � _ .. _� - . . . ' � ti _�. - . . " _ ` T . . 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I ! �'.� ;' �lit • ;: i� � �: �j:i {� �: �;' � �' ;1 i I! i�.� i .fi: . ;�: ��. _- � ', !N ii' `• . i• , '-= •�' �t�� ,,�• i: � . � �.. � ' �. _ - ;fr �ji I !„�. !i � � � � � � - . `1' . `� •j '� � t+�� _� . _ .. � . � - Cy 1 " f " ' i � . t � _ ..7:. -...b^ `Y,_ ' ' � V'r. � �.:.`:.G. -rs.- �r ' . _ �' _ '' " -_ � . __ -_ - ' ' _.c. - . - _ ' ' .- ABSTRACT � - � ' � Receipt# � �Q�(�� ❑ Incorrect/No Reference# . Date/Time J'� �/ .` U 'L' ❑ Non-standard Document ❑ Certified Copy/ DOCUMENT N0. 18 0 5 O 11 . 0 ABSTRACT DocumentOrder_�of ANOKA COUNTY MINNESOTA PINs � � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON iVjp,y 2$ 2 0 0 3 Filing Fees $ AT 4 : 3 0 PM AND WAS DULY RECORDED. Copy/Additional Pg Fees $ ❑ Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF $2 0 . 0 0 PAID. ❑ Transfer 2 0 0 3 0 9 319 0 Well Cert Fees $ RECEIPT N0. � Division ❑ Incomplete Form � Status MAUREENJ.DEVINE ANOKA COUNIY PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Missing Attachment � New legal Description RP ❑ No Legal Description � GAC BY DEPUIY PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES � Non-existent Legal Description � Deferred Specials ❑ Part(s) Illegible No Change STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Development Agreement for Final Plat, PS #03-01 Owner: Albert L. Marcil /a •.�o -�a�- ,�i - O o a 3 �� The above entitled matter came before the City Council of the City of Fridley and was heard on the 14'h day of April, 2003, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Approval of a Development Agreement between the City of Fridley and Michael Juaire for the Norton Manor First Addition, to replat property for a townhome development, legally described as the east 169 feet of west 284 feet of Lot 11, Auditor's Subdivision No. 89, subject to easement of record, generally located at 1152 Norton Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 21 stipulations. See City Council Meeting Minutes of April 14, 2003. 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 subdivision 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 subscrib d my hand at the City of Fridley, Minnesota, in the County of Anoka on the�'�7�day of ��G-c/ , 2003. DRAFTED BY: City of Fridley �' 6431 University Avenue N.E. � � ' Fridley, MN 55432 Debra A. Skogen, City lerk , � °� (SEAL) DEVELOPMENT AGREEMENT THIS AGREEMENT, made this l�� day of ' i , 2003, between the City of Fridley, acting through its Mayor and ity Manager (hereinafter called the "City"), and Michael Juiare, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: That part of Lot 11, Auditor's Sudivision No. 89 lying Eastof the West 284 feet thereof. And The West 284 feet of Lot 11, Auditor's Subdivision No. 89, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 591, according to the duly recorded plat thereof(the "Subdivision"); and to be described as Norton Manor First Addition WHEREAS, the City Council, by resolution # - , adopted � 1 , 2003, granted Developer's plat request for a portion of the pr perty to allow it to construct an eight unit town home development on the subdivision on the f�ondition that the subdivision is developed according to the site plan, dated /`� � J , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans e Underground utilities for the 8 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not seli any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterais. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the cut approved by the Public Works Department of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Grading Erosion Control and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of$1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $12,000.00. (eight lots x $1,500.00 = $12,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat A�proval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedinqs. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest — as described in Paragraph 1. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any othe►- provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16. Assiqnability. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this /�}� day of , 2003 DEVELOPER CITY OF FRIDLEY � Gv�(iL G� By: By: Miqhael Juaire Scott J. Lun , M or ATTEST: , � � Debra A. Skogen, City rk EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order tn accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. _ .. . � _ _ �L�.�� . - . ` � � _ . : . -_ � , .,, i � _ _ ,. 4. - a-. , ._;;.��. � - � � _ , .. . , >- • f . _ '��'r'4-,+ . . . � _ _ � „ ' „� +- . � . -�°- �;: . _ _ - . . .. . n.- .r _. . . _ _ -.,�t_.1'�a .i.• ' : _` ' . `. - . ._ . . _ '�' . . ' ._ _ � --- �y�c �. .. . - � � �- -� �.. - - � �'�'��'�'��+ _ t`_ ��r i�i... �...,.r_ y�-re- � ,�� - '�.L��- �'Tec-_ �. _ ? f �?. �. .N' i;.�. �.' . �-._.. . _ . _ ' . . . ._ � � .,.. . ... _. . .i' T ' - .. . . .�� .. � �._ . . _ . . � - - ' . � � ' . . - . ' . � - . y"` ' ' " "'- , . " . :�x�gc��,�,�tc�qJ� �-' •`.-� " -... _ ..,. � - � - ' . - -- V � - _ ... � . . . . •1'-�'.'�2'"ti�'?. =L� ' � '..r��. , � - .. �'. } . ' �.�� _ , � .- � . . ' .. . . . . " ... . . . ., '. ' . ^ '�' _ . " ' , - . . . . . _ y �- •.�-' ^ - ..�.... . . - - . . . , . . . : ' . . . _ . '. . ' . . .v._�._ _. ��" __._. . • . , _ . ' .J . . - .- ... . � ' . . . V . ` . - . . � . -_ ._ ' ' ' .�+w�� O . ' . - � � � ,�........... . .. ... ... � . —�_'_'___'- O _ y Z . ` ' > - L _ a = ' �T - . �i = . � �lJ .. .. :i: �, . > . . ' � -_ - 'i n e � • I' � ` � ^ . � _ � N � { I /± � � v � .. .. . .- . . � � � i.e O " z ( + t ; t ':i.,j .:;:r �i '3 P:€' ;i: tc: ,- �' fi�1;�'� '!jt �'�;li j;:=i ;;M �f,;�; :i;;ir � . �'��j 1j �':! i:�i' !i:� ,I� �l . ,:(��.I�t � � -5�:;{. a ,� {�t; �� i'_ ;i;' .,� I _ � � , : �i''j t��. � �� j �! ��i: j. 1�,�, i��: (�i'. ei ' ' ' {i ;�� 1i { �� ; 1 t i �• �1t' j� • '•�' �i ' . j�i fi •:i� 1�` _:_ :'; �t'' ! ' !'' '' -�" i: �,� ' i; -- . �1�� (! � � �ii� �` - `i.i iC i . � !� c _ � . H �� - - '� : ;; :• �: _ .. . . r�� : - ; �( '• � # =��. r� -....�s^_:' '- --:;. .,�_- z� :�i.c - ...f� .r.. - _- ' FRIDLE�' CIT�" COL'"NCIL �IEETI�tG OF APRIL 1�, 2003 PAGE 6 CPON � VOICE VOTE, �LL �"OTIrG : �, ��I_a�'OR LL;ND DECLARED THE �IOTIOr CARRIED L�i arIti10L"SLY'. �PPRO`'aL OF PROPOSED CO�iSE�T a E�iD:�: :�PPROV aL OF �IINtiTES: City Council �Ieeting of l�Iarc _�, 2003. Councilmember Bolkcom as ed that a correction be made to Paae 10, second to last para,raph. �ti�hich should re `'bv agprovina" instead of'`by approve." APPRO�"ED. 2. FIRST READI�IG F �Y ORDPIANCE Av1EtiDING THE FRIDLEY CITY CODE, CHAPTE 507, BATHING BEACHES. Dr. Burns state the ordinance currently required lifeguards at bathing beaches. The proposed ch es would eliminate the requirement for lifeguards and change all references fr "bathing" beaches to "swzmmin�" beaches. He said staff expected to save approx' ately �18,000 per year by not using lifeQuards at tifoore Lake beach. Staff recommen ed Council's approval of the first reading of this ordinance. THIS EM WAS �10VED FROVI THE CONSENT AGENDA TO THE REG AR AGENDA. 3. RE EIVE THE MINUTES OF THE PLA�iNING COM:�IISSION MEETING OF NI RCH 19, 2003. CEIVED. 4. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE NORTON MANOR FIRST ADDITION (WARD 2). - Dr. Burns, City Manager, stated the agreement identified improvements to be made in conjunction with the Juaire plat on Norton Avenue. There were also provisions for grading, street cleanup, permits, park dedication fee, drainage easements, and several others. It also listed 21 stipulations. Staff recommended Council's approval. APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND NIICHAEL JUAIRE FOR THE NORTON MANOR FIRST ADDITION. i � FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 7 5. RESOLUTION NO. 18-2003 APPROVING A PLAT, PS #03-01, NORTON MANOR FIRST ADDITION, BY YIICHAEL JLiAIRE, PMJ GROUP, INC., FOR THE PURPOSE OF CONSTRUCTING AN 8-UNIT TOWNHOME DEVELOPMENT, GENERALLY LOCATED AT ll�2 AND 1170 NORTON AVENUE N.E. (WARD 2). Dr. Burns, City Manager, stated the preliminary plat for Norton Manor First Addition was approved by the City Council on March 3. Staff recommended Council's approval of the final plat. ADOPTED RESOLUTION NO. 18-2003. 6. VARIANCE QUEST, VAR #03-07, BY PETE SARGENT, BELAIR EYCAVATING, TO REDUCE THE WIDTH OF A PARKING STALL FROM 10 FEET TO 9 FE T TO ALLOW THE EXPANSION OF A PARKING LOT, GENERALLY LO ATED AT 1350 GARDENA AVENUE N.E. ARD 2 . Dr. Burns, City Manag r, stated since this variance applied to the property as a whole, it would also enable Toti o-Grace to restripe existing parking at the 9-foot width. The additional parking was be g created by Totino-Grace to satisfy neighborhood complaints about student vehicles on 1 cal streets. Additional parking would be built this summer. Staff recommended Council approval with the following stipulations: 1. The petitioner shall obtain a necessary permits prior to construction. 2. The petitioner shall be respo ible for maintaining and cleaning any debris or dirt located in the street during the c nstruction process. 3. The petitioner shall follow City C e regulations related to the hours of operation for construction equipment. Those hou are 7:00 a.m. to 9:00 p.m. APPROVED VARIANCE REQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATING. 7. APPROVE CHANGE ORDER NO. 2 FO THE CONSTRUCTION OF THE FRIDLEY MUNICIPAL GARAGE EXPANS N. Dr. Burns, City Manager, stated the change order w in the amount of$2,656.00. The biggest contributors to this change order included the location of the electrical service to the building and the addition of fire-treated blocking r mounting electrical and data collection boxes. The change order also reflected a $5,70 00 credit for the elimination of roof screening. Staff recommended Council's approval. APPROVED. FRIDLEY CITY COUNCIL MEETING OF APRIL 14,2003 PAGE 8 � 8. CLAINIS. AUTHORIZED YMENT OF CLAIM NOS. 110673 THROL'GH 1ll064. 9. LICENSES. APPROVED LICE SES AS SUBMITTED AND AS ON FILE. 10. ESTIMATES. APPROVED THE F LLOWING ESTIMATES: CM Construction Comp y, Inc. 12215 Nicollet Avenue S uth Burnsville, MN 55337 Municipal Garage E ansion Project No. 343 Estimate No. 4 (Feb ry) $243,446.05 CM Construction Company, In . 12215 Nicollet Avenue South Burnsville, MN 55337 Municipal Garage Expansio Project No. 343 Estimate No. 4 (March) $104,854.35 No persons in the audience spoke regarding th proposed consent agenda items. APPROVAL OF PROPOSED CONSENT AG NDA: MOTION by Councilmember Bolkcom to approve e consent agenda items, with the removal of Item 2. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF AGENDA: Councilmember Billings asked that the order of Item Nos. 12 d 13 be switched. MOTION by Councilmember Bolkcom to adopt the agenda wit the order of Item Nos. 12 and 13 being switched and Item No. 2 being added. Seconded by Coun ilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. I, _ — ' RESOLliTIOY N0.18-2003 RESOLUTION aPPRO`ZNG A PLAT, P.S. #03-01, NORTOY i�L<�:�iOR FIRST ADDITI0�1, BY �IICH:�EL JL'�IRE, P:�iJ GROUP, IrC., FOR THE PtiRPOSE OF CONSTRtiCTING �Y 8-LniIT TOW�I HOME DEVELOPMENT, GEtiERaLLY" LOCATED AT ll52 ��ID 1170 NORTO� AVENUE W�3EREAS, the Planning Commission held a public hearing on February 19, 2003, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for NORTON�fANOR FIRST ADDITION at their Nlarch 3, 2003, meeting, with stipulations attached as Erhibit A; and WHEREAS, a copy of the plat NORTON MANOR FIRST ADi�ITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON NIANOR FIRST ADDITION and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AI�1D ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY TI3I5 14`h DAY OF APRIL,2003. ,B1G%0'�i�. . �'G,� � SCOTT J. LUND - MAYOR ATTEST: DE RA A. S OGEN - ITY CLERK I , � Resolunon�io. 18-2003 Page 2 , � E�iIBIT A STIPliLATIO�S - �;ORTON �fA:�+OR FIRST ADDITIOv l. The final landscape plan shall meet code requirements for number of and sizes of plantin�s and be revie�i�ed and approved by City staff prior to issuance of a building permit. ?. A (andscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. :� storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have imgation installed. �. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A D ading and draina�e plan shall be submitted and approved by the City's en�ineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City en�ineering staff s specifications. 10. A 12-foot utility and drainage easement shall be granted along the entire southern edje of the property prior to final plat. 11. A 25-foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standazds. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of 51,500 per unit prior to the issuance of any building permits. ' 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be si�ed by the Petitioner,prior to final plat approval. ' �„ . .. . � � . :;�' . . , , �, ,� � �,1 ' �`�• ' . .. j . , r ; �� , !'+� ; . ' � r �� .1. � . > t . . . � ,1 . � . � � � �- ��y�� . � . � 1 ' a`� � � ' i�.• . . , 4 �,�� ,.. r . 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' `� i��; .. . , ,1 ' .1 '� . .��: . , 7 , ,;:�, ,, ,�I}�:� . . , .. . ;� {, � i: . , ' �,��` � . ' �'�t , , •.�' , :;;. . .' .. , �� • , • .. i, �' ,, , ., 'V , ,�i. ; , , , � +;.,,�� . ,.; ,. , �` ,.; �, „ � , )�` ; . . i /r . ';. �}Itp-� <.ff�r �.,� . . � �'• ��n� �. . .,i lr.�f` � � � �i i,' i� , ' '� I t . Y�'� �r �. '��l � . � � .�r'. � ' . ,� � . + f .7� � 'ti(f�� .�'f(. lr ��: . „ • . ��! . � r ' y �: f�,. ' , ��g�; a ; �7 �r;' � '� •y? • . ,, •� . .�.�;• .��SS,� i � i�; - ABSTRACT . Receipt# `Z � �� V ❑ �ncorrect/No Reference# ' • � Datelfime Sc�� / � ❑ Non-standard Document ' ❑ CertifiedCopy/ DOCUMENTN0. 1805010 . 0 ABSTRACT DocumentOrder / of ANOKA COUNTY MINNESOTA PINs --G��1-- - I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability FOR RECORD ON�Y 2 8 2 O O 3 Filing Fees $ �� AT 4 : 3 0 PM AND WAS DULY RECORDED. � Tax Lien/Release FEES AND TAXES IN THE AMOUNT OF 2 O . O O PAID. Copy/Additional Pg Fees $ � ❑ Transfer 2 0 0 3 0 9 318 5 Well Cert Fees $ � Division RECEIPT N0. � Incomplete Form � Status MAUREENJ.DEVINE ANOKA COUNIY PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Missing Attachment � New legai Description RP � No Legal Description ❑ GAC By DEPU7Y PROPERIY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES ❑ Non-existent Legal Description ❑ Deferred Specials ❑ Part(s) Illegible �No Change - STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: Development Agreement for Final Plat, PS #03-01 Owner: Mark J. Bayer ��_3D �ac,l- 3�- Do��G�� The above entitled matter came before the City Council of the City of Fridley and was heard on the 3�d day of March, 2003, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Approval of Development Agreement between the City of Fridley and Michael Juaire for the Norton Manor First Addition, to replat property for a townhome development, legally described as that part of Lot 11, Auditor's Subdivision No. 89, lying east of west 284 feet thereof, except road, subject to easement of record, generally located at 1170 Norton Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 21 stipulations. See City Council Meeting Minutes of April 14, 2003. 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 subdivision 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 subscri ed my hand at the City of Fridley, Minnesota, in the County of Anoka on the�day of �' � , 2003. DRAFTED BY: ;i City of Fridley � �' ' . � 6431 University Avenue N.E. � Fridley, MN 55432 Debra A. Skogen, City lerk . (SEAL) �, . `�' � ' • . DEVELOPMENT AGREEMENT THIS AGREEMENT, made this�� day of � , 2003, between the City of Fridley, acting through its Mayor and ity Manager (hereinafter called the "City"), and Michael Juiare, (hereinafter called the "Developer"). WHEREAS, The Developer have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows That part of Lot 11, Auditor's Sudivision No. 89 lying Eastof the West 284 feet thereof. And The West 284 feet of Lot 11, Auditor's Subdivision No. 89, except the West 115 feet thereof, together with that certain easement for right of way established in Book 242, Page 591, according to the duly recorded plat thereof (the "Subdivision"); and to be described as Norton Manor First Addition WHE EAS, the City Council, by resolution #1��, adopted � / , 2003, granted Developer's plat request for a portion of the pr perty to allow it to construct an eight unit town home development on the subdivision on the f�ondition that the subdivision is developed according to the site plan, dated /7 ' IL , 2003, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: ♦ Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the 8 town homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations as evidenced as conditions in any resolution accepting this agreement and any related plat, and technical specifications. The Preliminary site grading, construction of underground utilities, including main line sewer, water and sewer services; and full street restoration shall be completed prior to sale of any lots and prior to issuance of any building permits. The Developer agrees that it will not sell any lot, parcel or whole or partial portion of the Subdivision, nor sell, rent, or cause to be occupied, any house, other building or structure constructed on the development or within the development until the City has approved and the Developer has completed the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to a specific lot or premises. The Developer shall follow all instructions received from the City's inspectors. The Developer shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of the development. 2. Water and Sewer A water and sewer lateral fee assessment will not be applied to each lot, due to the fact that the original lots had paid lateral charges and the new development will require private utility installation from the existing laterais. (A) The Developer shall construct a sanitary sewer main line extension and stub water and sewer services to all lots as shown on the preliminary plat. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street to City's specifications following the installation of water and sewer services, the Developer must have the cut approved by the Public Works Department of the City. (B) The Developer shall provide a plan/profile drawing prepared by an engineer registered with the State of Minnesota for the sanitary sewer main line extension off Norton Avenue prior to construction for approval by City Engineering staff. 3. Grading Erosion Control, and Tree Preservation Plans. The Developer shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new town homes. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developer, future owner, its contractors, or subcontractors does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer, future owner, contractors, or subcontractors in advance of any proposed action, but failure of the City to do so will not affect the City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developer shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developer. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developer shall pay SAC fees at the time of the building permit issuance. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of$1,500.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $12,000.00. (eight lots x $1,500.00 = $12,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest — as described in Paragraph 1. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severabilitv. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developer and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. 16. Assi� nabilitx. No duty or obligation of the Developer under this Agreement may be assigned in whole or part to any third party without the express written consent or waiver of by the City. SIGNED AND EXECUTED by the parties hereto on this /�}� day of , 2003 DEVELOPER CITY OF FRIDLEY � G� By:/� lC��` -1 By: Mi¢hael Juaire Scott J. Lun , Ma or ATTEST: Debra A. Skogen, City rk EXHIBIT A - STIPULATIONS APPROVED BY FRIDLEY CITY COUNCIL 1. The final landscape plan shall meet code requirements for number of and sizes of plantings and be reviewed and approved by City staff prior to issuance of a building permit. 2. A landscape plan for the ponding area, in lieu of fencing, to be reviewed and approved by City staff prior to issuance of a building permit. 3. A storm pond maintenance agreement shall be filed with the City prior to issuance of a building permit. 4. All landscaped areas shall have irrigation installed. 5. The proposed walkway shall be concrete. 6. Brick type and application on elevations and other external building materials to be reviewed and approved by City staff prior to issuance of a building permit. 7. A grading and drainage plan shall be submitted and approved by the City's engineering staff prior to issuance of a building permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering staff's specifications. 10. A 12 foot utility and drainage easement shall be granted along the entire southern edge of the property prior to final plat. 11. A 25 foot easement from the centerline of Norton Creek on the west side of the property shall be granted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. All elements of the building shall meet the current building code and be approved by the City Building Official. 14. The petitioner shall pay applicable park dedication fee of$1,500 per unit prior to the issuance of any building permits. 15. The fire turn around shall be re-designed to meet the City's Fire Department standards. 16. The driveway and fire turn around shall be designed to 9 ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet all Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development Agreement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be signed by the Petitioner, prior to final plat approval. . ` , ' . � . � ' 2 , - ,, . �� _ . , . . � - . .: . � > f � -. _ , . , : - _, ; , � . , , .. .. .. [:.+� �.; _ > .r :.�: a� f� +.v > ` �' ,� `� ,. 4 .. �. . 5 �� i _ �'�K,�C� i4 ti� . ..- . . .. - �" . .� Y.�-. _ _. '- ,,. 3 �.. . f^' . _.' ...� .� .�� '."' f�{ - - _ ':.� K t � . . �' V " , �- � . � � ••.d-��a . .�� .� . . �v � ,.� _ . _ _ . „ ...T�J��4V` f 4..�.. .4. �..v _ ..� � .,'. .', . . _ .'. . �� . . . � .. .. . • ._ ... .� . .: :..k�ti��. .'.�..�.�-, _. . ... . � . . 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' " FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 6 " UPON V A OICE VOTE, ALL VOTING E, MAYOR LUND DECLARED THE 1�TOTION CARRIED tiNANIVIOUSLY. APPROVAL OF PROPOSED CONSENT A ENDA: APPROVAL OF MINUTES: Ci Council Meetin of Marc -1 2003. tY g � Councilmember Bolkcom as ed that a correction be made to Page 10, second to last paragraph, which should re "by approving" instead of"by approve." APPROVED. 2. FIRST READING F AN ORDINANCE AMENDING THE FRIDLEY CITY CODE, CHAPTE 507, BATHING BEACHES. Dr. Burns state the ordinance currently required lifeguards at bathing beaches. The proposed ch es would eliminate the requirement for lifeguards and change all references fr "bathing" beaches to "swimming" beaches. He said staff expected to save approx' ately $18,000 per year by not using lifeguards at Moore Lake beach. Staff recommen ed Council's approval of the first reading of this ordinance. THIS EM WAS MOVED FROM THE CONSENT AGENDA TO THE REG AR AGENDA. 3. RE EIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF M RCH 19,2003. CEIVED. 4. APPROVAL OF DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAE T N L JUAIRE FOR THE NOR O MANOR FIRST ADDITION (WARD 2). Dr. Burns, City Manager, stated the agreement identified improvements to be made in conjunction with the Juaire plat on Norton Avenue. There were also provisions for grading, street cleanup, permits, park dedication fee, drainage easements, and several others. It also listed 21 stipulations. Staff recommended Council's approval. APPROVED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MICHAEL JUAIRE FOR THE NORTON MANOR FIRST ADDITION. � FRIDLEY CITY COUNCIL MEETING OF APRIL 14, 2003 PAGE 5 Mr. Morrissette repl ed that it was the same. The buildings were identical. He said he was not sure how this work d. He kne�v the assessed value was supposed to be within 90 percent of sales, but to him it s a fairness issue about whether his property was assessed fairly with other properties. N10TION by Council ember Barnette to continue 7673 East River Road and 106 — 77`h Way until April 28, 2003. UPON A VOICE VO E, ALL VOTING AYE, N1.4YOR LUND DECLARED THE MOTION CARRIED U NIMOUSLY. Councilmember Billin�s ask d whether Mr. Hylden had arrived. There was no response from th audience. MOTION by Councilmember lfe to continue 5601 Matterhorn Drive until April 28, 2003. Seconded by Councilmember Bol om. tiPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOU Y. MOTION by Councilmember Barnette t continue the local Board of Review until April 28, 2003. Seconded by Councilmember Wolfe UPON A VOICE VOTE, ALL VOTIN AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY COUNCI MEETING NEW BUSINESS: 1. MOTION TO RECONSIDER VARIANCE QUEST, VAR #03-0_5, BY BRIAN BONA, TO REDUCE THE SETBACK FRO AN ADJACENT RESIDENTIAL DISTRICT FROM 50 FEET TO 10 FE T TO ALLOW FOR THE CONSTRUCTION OF A CAR WASH, GEN LY LOCATED AT 5311 UNIVERSITY AVENUE N.E. (WARD 1). MOTION by Councilmember Wolfe to reconsider Vari e Request #03-OS by Brian Bona. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR L D DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Wolfe to table this request until April , 2003. Seconded by Councilmember Billings. FR:iDLEY CITY COLiYCIL �IEETING OF �PRIL 1-�, 2003 PAGE 7 �. RESOLL�TIOY NO. 13-2003 aPPRO�'IrG A PL aT, PS #03-01, NORTON �Ia�OR FIRST ADD[TION, B�" �IICHaEL Jti�IRE, P�IJ GROL"P, ItiC., FOR THE PL'RPOSE OF CONSTRCCTI�iG ar 8-L`tiIT TOWti�IO�IE DE�`ELOPI�IEYT, GErER-�LL�" LOC.�TED :�T 115Z a�D 1170 �ORTOr :��"E�L�E �.E. (��"aRD 2). Dr. Burns. Citv �(anaQer. stated the preliminary plat for Norton �Ianor First �ddition �vas appro��ed by thz Cit�- Cotincil on �Iarch 3. Staff recommended Council's approval of the tinal plat. �DOPTED RESOLL"TIOY NO. 13-2003. 6. V aRI��ICE REQL'EST, VAR #03-07, BY PETE SARGENT, BELAIR EYC�VATIrG, TO REDtiCE THE WTDTH OF A PARKING ST:�LL FROM 10 FEET TO 9 FE T TO AI,LOW THE EXP��ISION OF A PARKING LOT, GENER�ILLY LO ATED AT 13�0 G aRDENA AVENUE N.E. ARD 2 . Dr. Burns, City ManaQ r, stated since this variance applied to the property as a whole, it �vould also enable Toti o-Grace to restripe existing parkin� at the 9-foot width. The additional parkin� was be g created by Totino-Grace to satisfy nei�hborhood complaints abuut student vehicles on cal streets. Additional parkin� would be built this summer. Staff recommended Council approval with the follo�vin� stipulations: 1. The petitioner shall obtain a necessary permits prior to construction. ?. The petitioner shall be respo ible for maintaining and cleaning any debris or dirt located in the street during the c nstruction process. 3. The petitioner shall follow City C e reQulations related to the hours of operation for construction equipment. Those hou are 7:00 a.m. to 9:00 p.m. APPROVED VARIANCE REQUEST, VAR #03-07, BY PETE SARGENT, BELAIR EXCAVATI�iG. 7. APPROVE CHANGE ORDER NO. 2 FO THE CONSTRUCTION OF THE FRIDLEY MUNICIPAL GARAGE EXPANS N. Dr. Burns, City Manager, stated the change order w in the amount of$2,656.00. The bi�gest contributors to this change order included the location of the electrical service to the building and the addition of fire-treated blocking r mounting electrical and data collection bo:ces. The change order also reflected a $5,70 00 credit for the eiimination of roof screening. Staff recommended Council's approval. APPROVED. � RESOLGTIOY N0.18-2003 RESOLCTION aPPRO�1rG :� PL.aT, P.S. #03-01, rORTO� M.-�tiOR FIRST _�DDITIO�, BY �IICH�EL JU:�IRE, P�IJ GROL"P, IrC., FOR THE PL;RPOSE OF COrSTRtCTI�iG :�r 8-L�iIT TO��`�i HO�IE DEti'ELOP:�IE�iT, GEYER-�L.LY" LOCaTED AT 115? :�:rD 1170 NORTO:� a`"ErtiE `��ERE�S, the Plannin� Commission he:d a public hearn� on February 19, ?003, and recommended approval of said ptat; and ��IEREAS, the City CounciI approved the preliminary piat for NORTON tiL��iOR F�ST ADDITION at their i�tarch 3, 2003, meeting, with stipulations attached as E�chibit A; and W�-IEREAS, a copy of the plat NORTON�L��tOR FIRST r�JDITION has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for NORTON�f�:'VOR FIRST ADDITION and directs the petitioner to record plat at Anoka County within sis months of this approval or such approval shall be null and void. PASSED AIYD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 14`h DAY OF APRIL, 2003. ,,�C%0'u . �� SCOTT J. LUND -;�I�1YOR ATTEST: DE RA A. S OGEN - ITY CLERK � ' Resoludon ��. !3-'_00� Page 2 . E`c�ILB IT � �T�L"t.aTiO�S - �ORTO� �I_�.�OR cRST :�DDITIO� :. T:-:� :�r:i ia�dscaaz �:�r. sha11 me�: cod� re��ir"ner.t� for nt:r.zoer o:�.^.� sizes oT pi,�ntinJs a�-:d bz r�vi��.��ed and aoproved by Cit;staf;prior to issuance of a buildin� pe�;:�it. �. .� :andscape plan �or t:�e pondin� area, in lieu ot fencin�, to be revie�ved and approved by City� sta:�prior to issuance of a bui:ding pernit. 3. .� stor-i pond ma;nt"^::r:ce a�eement shall be fiIed with the Citv pr.or to issuance ef a ouildin; permit. �. .-�1? landscaped ar�as shall have im�ation instalted. �. The proposed walkw�av shall be concrete. 6. Br.ck type and application on elevations and other extemal buildin; materials to be re��izwed and approved by City staff prior to issuance of a buildin�permit. 7. ��rading and drainage plan shall be submitted and approved by the City's ' en;neerin;staff prior to issuance of a buildin;permit. 8. The sewer connection shall be located near cul-de-sac. 9. Six inch watermain to the looped according to City engineering stafFs specifications. 10. :� 12-foot utility and drainage easement shall be �ranted alon� the entire southem ed�e of the property prior to final plat. i I. a 2�-foot easement fi-om the centerline oFNorton Creek on the west side of the preperty shall be �anted prior to final plat. 12. The parking lot shall be constructed to code standards. 13. �11 elements of the buildin�shall meet the current building code and be approved by the City Buildin� Official. 14. The petitioner shall pay applicable park dedication fee of 51,�00 pe;unit prior to the issuance of any building permits. ' I 5. The fire turn around shall be re-designed to meet the City's Fire Depamnent standards. 1 b. The driveway and fire turn around shall be desi�ed to 9-ton standards. 17. The fire turn around shall be posted, "No Parking Fire Lane". 18. The size of the landscape islands shall be reduced by 5 feet in order to accommodate fire equipment. 19. The petitioner shall meet aIl Rice Creek Watershed District requirements prior to issuance of a building permit. 20. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 21. A Development A�eement outlining the Developer's obligation to install utilities, etc., will be prepared by the City and shall be si�ed by the Petitioner, prior to final plat approval. ,- '_ . . ._ . ; _ - . _V' _ � -.0/ _ r� . . - _ .. _� ' y ' . � • `_�...- .. - . - . ' ' - �.` • � . . � , _ � . --'. . . ' . .. : �`^` � , _ �_ .. �_.�_ ' . . .- . . ' . 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I '1" 4y ' :;.:: r -_- ' !; --- i��; . l� ' ' : k ='_ . ' . � � � . . � , j•_� - R . . . • 1 . _ -rl� �V.r�! " ' � �.�/' �x. � � � � '� _ .' ' � _ � � �, � �� _" . _ _ � � ��, � ' ' , - � _ �..-_ _ _ � � �'.1� � � � '-� . � � � - . . . � � ' . � A STRACT • � � Receipt# 3 � ,(f� ❑ Incorrect/No Reference# � � Date/Time 5 0� , �� C ❑ Non-standard Document ❑ Certified Copy/ Document Order_�___ot DOCUMENT N0. 1 g 0 5 012 . 0 ABSTRACT PINs ANOKA COUNTY MINNESOTA Recordability � I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Filing Fees $ � FOR RECORD ON��r 2 g 2 0 0 3 Copy/Additional Pg Fees $ ❑ Tax Lien/Release AT 4 :3 0 PM AND WAS DULY RECORDED. ❑ Transfer FEES AND TAXES IN THE AMOUNT OF $2 O . O 0 PAID. Well Cert Fees $ 2 0 0 3 0 9 319 3 ❑ Division ❑ Incomplete Form � Status RECEIPT N0. 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