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LS93-02��, CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT LOT SPLIT APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached � i Addres s: ;�'�� — ��3 .'-2- G�/��/ � � Property Identification Number(PIN) /.5�_�c� �S'' �''/ � 4`.� � Legal description: �� ,�, .�i��-��, ,�� /5' �.��K=f ,��.-� � Lot '.�O 2-i. �.ZBlock j.S""� TracdAddition ;�.��-� r'�=�. Current zoning: .��,'�'' Square footage/acreage �� 0 �c'/�� = .`fw ct�� Reason for lot split: 7�.?c�� , ��,��_f��%�� -.--�? �C'r /�-��-r��...-e�-�� /�-�.t"�� -�' � .�-��.2�.�'�'�>, Have you operated a business in a city which�required a business license? Yes No ,� If yes, which city? If yes, what rype 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 must sign this form prior to processing) NAME �� ',�..�' � �� ADDRESS �C' �� > 7 C'/�J��t�" �` ��%. �, , � �� DAYTIME PHONE -- ��r� `�:��% ; � � ,• ` �-.� � SIGNATURE ,� � "�'�/t� � t ` v DATE � ��, � ��.�,��,_.._,�� ,�,�„_.�.��.�...��,�,..��f�� PETITIONER INFORMATION , � � NAME c�/ ' � ;� ,�, _ _ ADDRESS I— • � `� _ �� , � - DAYTIME PHONE I'��Z -`i 3�J SIGNATURE r �� !� DATE , I 3 � Fee: $100.00 Peimit L.S. # ��.- :�.�- Receipt# o�� Application received by: _�l{'. >".� 4;.,,:,�.,� - Scheduled Planning Commission date: Ui��_�.� ;� ��`� ��;;_-. Scheduled City Council date: 111 CITY OF FRIDLBY PL!►N RStiIEw CHEC�LZBT B. Site Plan: Applicants for vacationa must submit the leqal description of the parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the follow in : 9 2. Grading and drainage plan showinq existinq natural A. General: features (topoyraphy, wetlands, vegetation, etc.) as well as proposed qrade elevations and sedimentation and atorm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. I,agal description (certificate of survey may be required) 3. All existing and proposed points of eqress/ingress 3. Name, address, and telephone number of applicant, showinq widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showinq location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parkinq lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existinq zoning and land use traPfic llow, and traffic-control devices '7. Tabulation box indicating: 5. I,andscaping Plan (i) Size of parcel fn sq, ft. 6. Location, access, and screening datail of trash enclosures (ii) Gross floor area of buildings 7. Location and screening detail of rooftop equipment (iii) Percent of site covered by buildinq B. Building elevavions from all directions (iv) Percent of site covered by impervious surface 9. Utility plan identifying size and direction oP existing (v) Percent of sita covered by qreen area aater and sewer lines, fire hydrants, distance of hydrant to proposed building (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories � �: JHfI-??-1y9� 1E��5 FRUI�1 ICurtt�, '�urUcy iny TU G3o�;�2 P.u:=' L.S. ��93-02 Mildred King +C�RTI�ICATE a� SURV�Y FOR M�`� ��ti��n K'Nt� KURTH SURVEYING INC. IMCHEbT CEHTIFY,TNaT TNIS SuRYEY,PIAN�OR RLPORT WA9 PAEPAAEO � �i0O2 JEFFERSON STREET N.E. dY U�OR UHDEN MT DIHGCT SUYENV7SIQH wnaTH�T �wµ� �u�Y COLUMOIA H��GtiTS MINNES07A 35a21 siz-7an-y�ea � E�i HE �w 0 Sµt�Y� unpE � ME LAwS OF TNE STAT6 Of MIhNESOTA, pAT� �-2�I- �j �, � SCALE 1�� O� MINNESOTA REGISTRATION N0.2DZZ0 . o�IRON MONUMENT ,�4,.` s.�.�..,s�`c �r.St.MEIa."T (,u.t+��PAOYx..p� Y.�.__._ .' .� ' �. . 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' ' �i'� V.C.�'.� I � I I � I 1��" c.x.v. . , EXISTING LFGAL DFSCRIPTION : Lots 19, 20, 21, and 22, B1ock 15, Fridley P�+rk, Anoka County, Minnesota. �.� � PROPOSED PFiRC�L A ' . All of I.ots 19 and 20, and the west 6.00 feet of Lot 21, .B1ock 15, Fridley Park, Anoka County, MInn�sota. PROPOSED PARCEL B � Al1 oi Lot 22 and that part of Lot 21 lying.easterly of the west 6.00 feet thereof, Block 15, Fridley Park, ,Anoka County, Minnasota. � � . 11H T�:T.'.li F' i t'.-- �w....:....,,.-w,�� w.,,...,>..»-..,...........� I � � �� y� � � .r,� �.� , � . _ _ C��F FRI DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612>571-3450• FAX (612) 571-1287 February 19, 1993 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a lot split request, L.S. #93-02 , by Mildred King, to create two separate parcels, Parcel A and Parcel B, described as follows: Parcel A: Al1 of Lots 19 and 20, and the west 6. 00 feet of Lot 21, Block 15, Fridley Park. Parcel B: All of Lot 22 and that part of Lot 21 lying easterly of the west 6. 00 feet thereof, Block 15, Fridley Park. This property is generally located at 71 - 63 1/2 Way N.E. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, March 10, 1993 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7: 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 571- 3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than March 3, 1993 . DAVID NEWMAN CHAIR PLANNING COMMISSION Planning 2/ 19/93 L.S. ��93-02 MAILING LIST Council Mildred King Mildred King David Nevin Hazel Anderson 71 - 63 1/2 Way N.E. 40 - 63 1/2 Way N.E. 15 - 63 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 , Martin Vitums Joseph Maertens Kent Erlandson 6390 Ashton Avenue N.E. or Current Res. 12 - 63 1/2 Way N.E. Fridley, MN 55432 50 - 63 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Robert Smith Mark Hinkel 20 - 64th Way N.E. Joseph Maertens 20 - 63 1/2 Way N.E. , Fridley, MN 55432 7419 McKinley Street N.E. Fridley, MN 55432 Fridley, MN 55432 Clarence Theisen Anna Huston 111 - 63rd Way N.E. Joseph Maertens 165 - 14th Avenue N.E. Fridley, MN 55432 or Current Res. Minneapolis, MN 55413 - 60 - 63 1/2 way N.E. James Fish Fridley, MN 55432 Burlington Northern 110 - 63 1/2 Way N.E. 176 - 5th Street East Fridley, MN 55432 Walter poelz St. Paul, MN 55101 or Current Res. James Langenfeld 70 - 63 1/2 Way N.E. Lavern Dornbusch 79 - 63 1/2 Way N.E. Fridley, MN 55432 40 - 64th Way N.E. Fridley, MN 55432 � Fridley, MN 55432 ��Walter poelz. John Doyle ��'� 4928 Washburn Avenue S. Robert McCready 4141 Lyndale Avenue North Minneapolis, MN 55410 ox Current Res. Minneapolis, MN 55412 60 - 64th Way N.E. Current Resident Fridley, MN 55432 Linda Denny 80 - 63 1/2 Way N.E. 6305 East River Road N.E. Fridley, MN 55432 Robert McCready Fridley, MN 55432 122 - 64th Way N.E. Ronald Groat Fridley, MN 55432 Joan Olson or Current Res. 57 - 63rd Way N.E. 90 - 63 1/2 Way N.E. James Braziel � Fridley, MN 55432 Fridley, MN 55432 or Current Res. 80 - 64th Way N.E. Current Resident Ronald Groat Fridley, MN 55432 1-00 - 63 1/2 Way N.E. 5107 Wooddale Avenue Fridley, MN 55432 Minneapolis, MN 55424 James Braziel 110 - 64th Way N.E. Loren Wolle Steven Klimek Fridley, MN 55432 33 - 63rd Way N.E. 39 - 63 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 Ricky Redman 98 - 64th Way N.E. Lewis Doyle Francis Morrison Fridley, MN 55432 25 - 63rd Way N.E. 19 - 63 1/2 Way N.E. Fridley, MN 55432 Fridley, MN 55432 City Council Members Arne Lundgren Eugene Emerson Planning Comm. Chair 6412 Ashton Avenue N.E. 99 - 64th Way N.E. 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' � �; 1^ a ��, `'�N: . .. . � < �;.�' i„�'. f:�; � � � a , ;�. ;� ��a �.£ ��,. k � ��i � � �4' pF�i� ;.; . /5;.^' •r:.� .. �. :.� �a,t .,'Mna. 3.. ;i..� q . � , ��, :w •i *g �- � ' t � • �; � �� Y � :� : ti.��'� ',.;h w ��',�,�: .K+SSff. j. ��>, r>� � .. "�1_ �,�{q`,�� .y,:' , i� � } ��. ,r4. �� s+� � � at� � ��. � COMMISSION APPLICATION REVIEW � ' FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION L.S. ��93-0� �; CITY OF 5 2/ 12/93 3/ 10/93 Split parcel into two separate lots. FRIDLEY : - COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. BARB D. ��r COMMENTS �Cr�2 v� �.�'�C�3 � v� ❑ MICHELE M. � ��' ? � 2 �� -� ��t��v ,�� zi�� . w s �� . .� � SCO T E. � - - � ��- �-- U� -1-� C�.-e. .:- � � JOHN F. �� G V , � � . - LYDE — � S � � S � � 1�- W. �� -�-- ��.- , v`�-�.�.a � �, � . � LYDE M.��'� c��-i�- ' � I I 3 �> �.s ❑ LEON M. JIM H. � �� Q, CHUCK M. � � � � Community Development Department C, PLarnviNG DrviSION . City of Fridley DATE: April 1, 1993 �' �' TO: William Burns, City Manager �. FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Resolution Approving a Lot Split Request, L.S. #93-02, by Mildred King; 71 - 63 1/2 Way N.E. The Planning Commission voted unanimously to recommend approval to the City Council of the request to create two single family lots with the following stipulation: 1. A park dedication fee of $750.00 shall be paid at the issuance of a building permit for Parcel B. The Planning Commission also acknowledged in its motion that Parcel B does not meet the minimum lot width requirement of 75 feet; it is 74 feet wide. The split was created in this manner to have the existing dwelling unit located on Parcel A conform to the side yard setback requirement of 10 feet. Staff recommends that the City Council concur with the Planning Commission action. MM/dn M-93-166 ♦ � � S TAFF REP O RT � Community Development Department Appeals Commission Date Planning Commission Date : March 10, 1993 City Council Date: April 5, 1993 REQUEST Permit Number L.S. ��93-02 Applicant Mildred King Proposed To create two single family lots Request Location 7 1 - 6 3 1/2 Way N.E. SITE DATA Size 20, 170 square feet Density Present Zoning R-1 , Single Family Dwelling Present Land Use(s) Single family AdjaCent R-] , Single Family Dwelling on all sides Zoning , Adjacent Land Use(s) Single family Utiliti2s Water/sewer available to Lot 2t Park Dedication $750.00/lot Watershed District S ix C it ie s ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMI��NDATION Staff Approval with stipulations Appeals Commission Planning Commission Approval with stipulations Attthor �/dn � h Staff Report L.S. #93-02, by Mildred King Page 2 Rec�uest The petitioner requests that a lot split be granted to create two single family lots. The request is for Lots 19-22, Block 15, Fridley Park and is generally located at 71 - 63 1/2 Way N.E. Site Located on the property is a single family dwelling unit and a three stall garage. The property is zoned R-1, Single Family Dwelling, as are the adjacent parcels. Analysis The lot split would create two single family lots, 74 ' x 126 ' and 86 ' x 126 ' . There is adequate width (160 feet) to allow the division of the lots along an existing lot line, however, the location of the existing house prevents such a split from occurring. The existing dwelling unit is located four feet from the lot line between Lots 20 and 21. The proposed lot split will insure that the existing dwelling unit is in conformance with the side yard setback requirement of ten feet. If the lot split is approved, the Commission in its motion to approve will need to acknowledge that a variance is being granted through the approval process. This action is permitted by and should conform to Section 211. 05 of the City Code, "Subdivisions". I The lots meet the minimum lot area requirement of 9, 000 square ' feet. There are no outstanding special assessments on the subject parcel. Two water and sewer services were paid for when the house was originally built. Water and sewer services are provided to Lots 20 and 21. This insures that proper water and sewer is available to the vacant parcel. A park fee of $750. 00 will be required to be paid at the issuance of a building permit for the vacant lot. Recommendation As the proposed lot split creates two lots which conform to the minimum lot area requirements with a minor encroachment to the lot width, staff recommends that the Planning Commission recommend approval of the lot split request to the City Council. The Commission's approval should acknowledge that Parcel B does not meet the minimum lot width requirement of 75 feet. Staff recommends the following stipulation: 1. A park dedication fee of $750. 00 shall be paid at the issuance of a building permit for Parcel B. 11F 1 � Staff Report L.S. #93-02, by Mildred King Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. 11G .� �r PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 5 Mr. Newman stated that it is his understanding that if the Commission recommends approval of this special use permit, the variance that would be granted is 1 foot. Ms. McPherson stated that is correct. Ms. Aldys Miller, Edina Realty, stated it is the intention of the seller that it would be easier to sell the property if the property is split into two separate lots. The existing house is in need of some repair. It is also difficult to get financing to purchase a large lot with only one small house. Mr. Barry Aamold, 13216 Crooked Lake Boulevard, stated he has a purchase agreement on the property adjacent to the new lot at 39 - 63 1/2 Way N.E. He stated there are several double bungalows in the general vicinity of 63 1/2 way. His concern is that the lot not be subdivided for a multiple family dwelling. Ms. McPherson stated the property is currently zoned R-1, Single Family dwelling, so under the present zoning district only a single family home can be constructed on the new lot. MOTION by Mr. Sielaff, seconded by Mr. Saba, to recommend to City Council approval of lot split request, L.S. #93-02 , by Mildred King, to create two separate parcels, Parcel A and Parcel B, described as follows: I� Parcel A: All of Lots 19 and 20, and the west 6. 00 feet fo lot 21, Block 15, Fridley Park Parcel B: All of Lot 22 and that part of lot 21 lying easterly of the west 6. 00 feet thereof, Block 15, Fridley Park This property is generally located at 71 - 63 1/2 Way N.E. Approval of the lot split acknowledges that Parcel B does not meet the minimum lot width requirement of 75 feet. The lot split is also contingent upon the following stipulation: l. A park dedication fee of $750. 00 shall be paid at the issuance of a building permit for Parcel B. Mr. Newman asked staff if there is sufficient documentation to substantiate the basis for the variance. Ms. McPherson stated, yes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. � ,� PLANNING COMMISSION MEETING, MARCH 10, 1993 PAGE 6 Ms. McPherson stated this item will go to City Council on April 5, 1993 . 3. RECEIVE FEBRUARY 1 1993 PARKS & RECREATION COMMISS ON MINUTES• MOTION by Mr. Kondrick, seconded by Ms. Modig, to rece ve the February 1, 1993, Parks & Recreation Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN CLARED THE MOTION CARRIED IINANIMOII3LY. 4. RECEIVE MARCH 2 1993 APPEALS COMMISSION M TES: MOTION by Mr. Kondrick, seconded by Mr. Siel ff, to receive the March 2, 1993, Appeals Commission minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CHAIRP SON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. 5. OTHER BUSINESS: a. Meeting with City Counci Ms. Dacy stated that at th March 24 meeting, the Commission will need to set up a meet' g date with the City Council. The Council wishes to meet with every commission to discuss t: Commission goals, ideas and concerns. The Commission should think about some issue they want to discuss with the Council. b. Intern Ms. Dacy introduc d Dan Olson, a graduate student from Mankato State Universit , who is currently working as an intern in the Community Deve opment Department. ADJOURNMENT• MOTION by Mr. Kondrick, seconded by Mr. Saba, to adjourn the meeting. Up a voice vote, all voting aye, Chairperson Newman declared th motion carried and the March 10, 1993 , Planning Commission eeting adjourned at 8: 00 p.m. Res ectf lly s bmitted, �� : �� y {� Saba ' Reco ding Secretary _.. ... ............... ..... .. .... ...... ........_ .... ... ... .._...... ..... ... ....... ...,. .. . ' . FRIDLEY CITY COIINCIL MEETING OF APRIL 5, 1993 PAGE 7 �� Councilman Schneider asked how the proposed size of the Home Value sign compares with the variances granted for Menards and Embers. Ms. Dacy stated that both of the signs are only 120 square feet. Mr. Brottland stated that he felt that I-694 was a dif rent situation from the Highway 65 situation. He also said at he hoped Council would give some consideration to the f t that Plywood Minnesota has been a member of the community f r thirty years. He said that it was important for Plywood Min sota when changing its name to present itself well. Councilman Fitzpatrick. stated that he felt that th's would set a precedent in that area. Mr. Brottland stated that he felt that Council n eded to take each situation into consideration. Councilman Fitzpatrick asked if the ordinan e requires or limits the size of detached signs to 80 square fe . Councilman Schneider stated that Mr. Bro tland was using the size of the Wickes sign as rationale for the Home Value sign. Mr. Brottland stated that the wall ign that they have is not really effective in attracting traf ic. He stated that there is a sign in Bloomington similar to th sign being requested. He also said that the Home Valu logo does ot lend itself to being strung out in consecutive words. Councilman Fitzpatrick asked w big the sign would be without the time and temperature portion Mr. Brottland stated that t would be 153 square feet. Councilman Billings co ented on the location of the building near the freeway and the di ance of the building from the freeway. He stated that there ar some unique circumstances at that location that are different rom those on Central Avenue. He said these circumstances help to explain the need for a larger sign. He suggested that p rhaps Home Valu should be willing to deny themselves the w 11 signage as a trade-off for a larger detached sign. Councilman F' zpatrick indicated that he felt that this was the occasion wh n we were supposed to be getting rid of big sign problems. Councilm Schneider indicated that he agreed with Councilman Fitzpat ick, and in order to be consistent, he would only support a sig that would be in the range of 140 square feet to 150 square feet. � - FRIDLEY CITY COIINCIL MEETING OF APRIL 5. 1993 PAGE 8 Councilwoman Jorgenson, concurred with Councilman Schneider's comments, and stated that she would remove the time and temperature portion of the sign. She did not seem to feel that this was pertinent to advertising the business. Mr. Brottland asked Council how many times they have bee y retail establishments that have time and temperature signs, nd whether or not they look at them. He stated he thought was a very important way to draw attention to retail properti s. Councilman Schneider stated that the code re res an 80 square foot sign. He stated that we were offering Ho e Valu a 153 square foot sign. He stated further that the petit' ner could use the 153 square feet any way the petitioner anted to, including incorporating the time and temperature p tion of the sign, within that dimension. Mr. Brottland stated that this was not practical. He said that Council should consider the curr nt economic climate in making their decision. He said that uncil should also consider that Home Value has a similar sign I-394 . MOTION by Councilman Billi s to table this item until the May 3, 1993, City Council meet' g, to allow the Boschwitz family to express their points of iew. Seconded by Councilman Schneider. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. 10. RECEIVE AN TEM FROM THE PLANNING COMMISSION MEETING OF MARCH 10 993 • A. S CIAL USE PERMIT RE UEST SP 93-02 BY SIGNART FOR LYWOOD MINNESOTA INC. TO ALLOW AN AUTOMATIC CHANGEABLE SIGN, GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E. : MOTIO by Councilman Billings to table this item until the May 3, 199 , City Council meeting. Seconded by Councilman Schneider. Up n a voice vote, all voting aye, Mayor Nee declared the motion rried unanimously. 11. RESOLUTION NO. 29-1993 APPROVING A SUBDIVISION. LOT SPLIT, L.S. #93-02 , BY MILDRED KING, TO CREATE TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 71 - 63 1/2 WAY N.E. Ms. Dacy, Community Development Director, stated that the property is on the north side of 63 1/2 Way N.E. , and the lots being proposed by the lot split met the minimum lot requirements. She stated that the setback requirements for an existing house on the second lot fell one foot short of the legally required frontage width for the newly created lot. The lot would be 74 feet wide rather than 75 feet wide. __ _ — ��. ._. .... ... . . ...... .................... ......... ..... ,._.... ._,.. .,, ,.., . ,....:. _ ' .s I FRIDLEY CITY COUNCIL MEETING OF APRIL 5. 1993 PAGE 9 Councilman Schneider asked why the Planning Commission chose to create a lot width variance rather than a side yard variance. Ms. Dacy stated that creating a side yard variance would have re ired two rocesses--a side ard variance and a lot s lit. She � , P Y � P also pointed out that Council through the subdivision ordinance was the power to allow a lot width variance as part of the lot split process. MOTION by Councilman Fitzpatrick to adopt Resolution No. 29-1993 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE 1993-1995 RECYCLING SERVICES AGREEMENT WITH SUPER CYCLE, INC. • Ms. Dacy, Community Development Director, stated tha under the proposed contract, the per unit costs for single fami homes would be $1.43 and multiple family units would be $1.99. She also said that the new contract provides for the collection f magazines and catalogs. She explained further that as of Jun 1, 1993, the City expected to include 727 multi-unit dwellings n the contractor's service area. Ms. Dacy also explained that under the oposed contract, Super Cycle, Inc. , would provide a recycling ochure. She said it also provides for a penalty clause for suc things as missed pick-ups, throwing of containers, and missed b cks. She indicated that she expected the contract to cost appro imately $300, 000, and that we could anticipate offsetting reven s of $327, 000. Ms. Dacy stated that Lisa Campb l, the Recycling Coordinator, was present to answer questions. e introduced Nancy Healy from Super Cycle, Inc. , who was also pr sent to answer any questions. Councilwoman Jorgenson st ed that pop cans are still falling off Super Cycle's recycling ucks in front of her house. Councilman Schneider s ated that he is pleased to see the penalty clauses, but he ques ons how they will be enforced. Ms. Campbell state Super Cycle completes a conveyance form that is sent to her. The form contains a list of late set outs. Ms. Campbell sta ed that she also calls and asks individuals when they put out t ir recyclables. Councilman S neider asked if the truck came by at 7: 15 a.m. and he puts his aterials out at 7: 30 a.m. , how can we prove that the material w s set out late. Ms. Cam ell stated that they assume that the customer is always right. But in a case like that, the driver would probably identify i . _ _ _ . . . T� � � _ � FRIDLEY CITY COIINCIL MEETING OF APRIL 5. 1993 PAGE 10 the address as a "late set out. " The material would be picked up, and a tag would be left in the container indicating the se out time. This would be done twice. Upon the third time the 1 e set out material would not be picked up, but it would be tag d. She also said that Super Cycle is allowed twelve misses er month before they are penalized. Councilwoman Jorgenson asked when the magazine and atalog service would start. Ms. Campbell stated that its service for mag zines and catalogs bound with staples began on April 1, 1993. he also stated that we will not be accepting glue-bound catalo . Councilman Schneider asked if Super Cycl would take broken glass. Ms. Healy stated that they will take b oken glass if it is bagged. If it is not bagged, it is likely t t it will not be picked up. She also stated that she would che on Councilwoman Jorgenson's complaint regarding cans dropping rom Super Cycle vehicles. She stated that Super Cycle would b more than happy to accept the challenge of the penalty clause . Councilwoman Jorgenson asked i the drivers were ever penalized. Ms. Healy stated that the d erit system with their drivers allows up to twenty demerits be ore the driver is dismissed. If the driver gets ten demerits, e is sent home. If the driver receives fifteen demerits, the p nishment- is more severe, and at twenty demerits, the driver is dismissed. MOTION by Councilma Dennis Schneider to approve the contract between the City of ridley and Super Cycle, Inc. , for recycling services from 1993- 95. Seconded by Councilwoman Jorgenson. Upon a voice vote, all v ting aye, Mayor Nee declared the motion carried unanimously. 13. ESTABLISH PUBLIC HEARING FOR APRIL 19 1993 TO AMEND CHAPTERS 13 ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTI •" CHAPTER 220 ENTITLED "RESIDENTIAL RENTAL AND CONDOMI UM COMMON AREA MAINTENANCE•" AND CHAPTER 11 ENTITLED "GENE PROVISIONS AND FEES" OF THE FRIDLEY CITY CODE: MOTION by ouncilwoman Jorgenson to establish a public hearing for April 19, 1993, to amend Chapters 113, entitled "Solid Waste Disposal and Recycling Collection;" Chapter 220, entitled • "Reside ial Rental and Condominium Common Area Maintenance;" and Chapte 11, entitled "General Provisions and Fees" of the Fridley City de. Seconded by Councilman Schneider. Upon a voice vote, all v ting aye, Mayor Nee declared the motion carried unanimously. � RESOLUTION NO. 29 - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-02, TO CREATE TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 71 - 63 1/2 WAY N.E. WHEREAS, the City Council approved a lot split at the April 5, 1993 meeting; and stipulations attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels, Parcel A and Parcel B, described as follows: Parcel A: All of Lots 19 and 20, and the west 6.00 feet of Lot 21, Block 15, Fridley Park. Parcel B: All of Lot 22 and that part of Lot 21 lying easterly of the west 6.00 feet thereof, Block 15, Fridley Park. This property is generally located at 71 - 63 1/2 Way N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create a two separate parcels, Parcel A and Parcel B, generally located at 71 - 63 1/2 Way N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF APRIL, 1993 . WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � EXHIBIT A Resolution No. 29 - 1993 1. A park dedication fee of $750. 00 shall be paid at the issuance of a building permit for Parcel B. � C�IY OF F[ZIDLEY FRIDLEY MUN[CIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 CITY COUNCIL � ACTION TAKEN NOTICE April 8, 1993 Mildred King 71 - 63 1/2 Way N.E. Fridley, MN 55432 Dear Ms. King: On April 5, 1993 , the Fridley City Council officially approved your request for a Lot Split, L.S. #93-02 , to create two separate • parcels, Parcel A and Parcel B, described as follows: Parcel A: All of Lots 19 and 20, and the west 6. 00 feet of Lot 21, Block 15, Fridley Park. Parcel B: All of Lot 22 and that part of Lot 21 lying easterly of the west 6. 00 feet thereof, Block 15, Fridley Park. This property is generally located at 71 - 63 1/2 Way N.E. Approval of the lot split request is based on the following stipulation: 1. A park dedication fee of $750.00 shall be paid at the issuance of a building permit for Parcel B. I will need to stamp the deed prior to recording the property conveyance. Please contact Michele McPherson or I prior to , recording. A copy of the resolution is enclosed. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by April 22, 1993. Concur with action taken - � - 10�3383 , ' STATE OF MINNESOTA ) CITY COIINCIL PROCEEDINGS COUNTY OF ANOKA ) PLAT/LOT SPLIT CITY OF FRIDLEY ) In the Matter of: a lot split, L.S. ��93-02 Owrier: Mildred M. King The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of April , 19 93 , on a petition for a plat/lot split pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To create two separate parcels, Parcel A and Parcel B, generally located at 71 - 63 1/2 Way N.E. (see attached resolution for legal description) . IT IS ORDERED that a plat/lot split be granted as upon the following conditions or reasons: Approval with one stipulation. See resolution for stipulation. See City Council minutes of April 5, 1993. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, 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 plat/lot split with the original record thereof , preserved in my office, and have found the same to be a correct and tx-ue 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 f � , 19�. • � DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 - � �✓� William A. Champa, City C erk `� �, . . ��,,�'�.� � < . �� (S,E�L�: '' , � ' • �.� , ' . �,. � . .. � ''Y' .L .. • . � �V � . .,� .Qr. . .. • : ;��,�,�+� FRIDLEY CITY COIINCIL MEETING OF APRIL 5. 1993 PAGE 8 � Councilwoman Jorgenson, concurred with Councilman Schneider's comments, and stated that she would remove the time and temp rature portion of the sign. She did not seem to feel that his was pertinent to advertising the business. Mr. Brottland asked Council how many times they have een by retail establishments that have -time and temperature si s, and whether or not they look at them. He stated he thou it was a very important way to draw attention to retail prop ties. Councilman Schneider stated that the code equires an 80 square foot sign. He stated that we were offeri Home Valu a 153 square foot sign. He stated further that the pe itioner could use the 153 square feet any way the petitio r wanted to, including incorporating the time and temperatur portion of the sign, within that dimension. Mr. Brottland stated that this s not practical. He said that Council should consider the c rrent economic climate in making their decision. He said tha Council should also consider that Home Value has a similar si on I-394. MOTION by Councilman Bii ngs to table this item until the May 3, 1993, City Council me ing, to allow the Boschwitz family to � express their points f view. Seconded by Councilman Schneider. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimousl . 10. RECEIVE A ITEM FROM THE PLANNING COMMISSION MEETING OF MARCH 10 1993 - A. S ECIAL USE PERMIT RE UEST SP 93-02 BY SIGNART FOR LYWOOD MINNESOTA INC. TO ALLOW AN AUTOMATIC CHANGEABLE SIGN, GENERALLY LOCATED AT 5401 EAST RIVER ROAD N.E. : MOTIO by Councilman Billings to table this item until the May 3, 1993, City Council meeting. Seconded by Councilman Schneider. Up a voice vote, all voting aye, Mayor Nee declared the motion c rried unanimously. 11. RESOLUTION NO. 29-1993 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-02 , BY MILDRED KING, TO CREATE TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 71 - 63 lf2 WAY N.E. Ms. Dacy, Community Development Director, stated that the property is on the north side of 63 1/2 Way N.E. , and the lots being proposed by the lot split met the minimum lot requirements. She stated that the setback requirements for an existing house on the second lot fell one foot short of the legally required frontage � width for the newly created lot. The lot would be 74 feet wide rather than 75 feet wide. � ( FRIDLEY CITY COIINCIL MEETING OF APRIL 5. 1993 PAGE 9 Councilman Schneider asked why the Planning Commission chose to create a lot width variance rather than a side yard variance. Ms. Dacy stated that creating a side yard variance would have required two processes--a side yard variance, and a lot split. She also pointed out that Council through the subdivision ordinance was the power to allow a lot width variance as part of the lot split process. MOTION by Councilman Fitzpatrick to adopt Resolution No. 29-1993. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVE 1993-1995 RECYCLING SERVICES AGREEMENT WITH PER CYCLE, INC. • Ms. Dacy, Community Development Director, stated that under the proposed contract, the per unit costs for single famil omes would be $1.43 and multiple family units would be $1.99. he also said that the new contract provides for the collection magazines and catalogs. She explained further that as of June , 1993, the City expected to include 727 multi-unit dwellings ' the contractor's service area. �, Ms. Dacy also explained that under the oposed contract, Super Cycle, Inc. , would provide a recycling b ochure. She said it also provides for a penalty clause for suc things as missed pick-ups, throwing of containers, and missed b cks. She indicated that she expected the contract to cost appr imately $300, 000, and that we could anticipate offsetting reve es of $327, 000. Ms. Dacy stated that Lisa Camp 11, the Recycling Coordinator, was present to answer questions. he introduced Nancy Healy from Super Cycle, Inc. , who was also esent to answer any questions. � Councilwoman Jorgenson ated that pop cans are still falling off Super Cycle's recyclin trucks in front of her house. Councilman Schneide stated that he is pleased to see the penalty clauses, but he stions how they will be enforced. Ms. Campbell s ted Super Cycle completes a conveyance form that is sent to h r. The form contains a list of late set outs. Ms. Campbell stated that she also calls and asks individuals when they put o their recyclables. Councilm�c"n Schneider asked if the truck came by at 7: 15 a.m. and he puts�'his materials out at 7:30 a.m. , how can we prove that the mater'�al was set out late. ( `� Ms. ��Campbell stated that they assume that the customer is always right. But in a case like that, the driver would probably identify a RESOLUTION NO. 29 - 1993 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #93-02, TO CREATE TWO SEPARATE PARCELS, PARCEL A AND PARCEL B, GENERALLY LOCATED AT 71 - 63 1/2 WAY N.E. WHEREAS, the City Council approved a lot split at the April 5, 1993 meeting; and stipulations attached as Exhibit A; and WHEREAS, such approval was to create two separate parcels, Parcel A and Parcel B, described as follows: Parcel A: All of Lots 19 and 20, and the west 6. 00 feet of Lot 21, Block 15, Fridley Park. Parcel B: All of Lot 22 and that part of Lot 21 lying easterly of the west 6. 00 feet thereof, Block 15, Fridley Park. This property is generally located at 71 - 63 1/2 Way N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create a two separate parcels, Parcel A and Parcel B, generally located at 71 - 63 1/2 Way N.E. NOW, THEREFORE, BE IT RESOLVED, that the City Council directs the petitioner to record this lot split at Anoka County within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF APRIL, 1993 . WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK � _ . . EXHIBIT A Resolution No. 29 - 1993 1. A park dedication fee of $750. 00 shall be paid at the issuance of a building permit for Parcel B. r ` � 1063383 .,� � .,.... F:ecc�d:>�:i. Checker� I�argin - l�.r. lndex� ��.�. C-� ;a-: r�;: -' � OFFICE Of LOlJNTY RECORDER BTATE OF MI�'�uE�OTA,COUNTY OF 4NOKA �,, 1 hereby cer;i�y that the within instru- m2nt was f"ed i� +nis cf,'ice for rEcord onthe � p.� 1993 �o'cio�tvl., unc' ,�.�:=s d��iy r�;cord3d � Edwar'�w1.i reska,Cour�t��:scerder '�.� ��C'uiy . ti� -��Ic� C _ C��- . � _ ��'� - � �� .��7�-c`�. �s-�,��