LS77-08 Form #5-68LOT SPLIT APPLICATION
• CITY OF FRIDLEY
FOR CITY T1SF ONLY
Applicant' s Name
APPLICANT:
_ Lot Split
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Reason for Lot Split:
T allow -ray- ]-. t) huil�l;n4 'ofs - ohe necy - orae w��i
Total Area of Property_ sq. ft-7 Present Zoning Classification
The undersigned hereby declares that all the facts and
representations stated in this application are true and
correct.
DATE: SIGNATURE
BELOW FOR CITY USE ONLY (See reverse side for additional instructions
CHECKED BY STAFF DATE
Remarks:
PLANNING COMMISSION: Date of Consideration -
Remarks:
CITY COUNCIL: Date of Consideration -
Remarks
LOT SPLIT APPLICATION PROCEDURE
1 . Obtain application form at City Hall (6431 University Avenue N.E. , Fridley).
2. Return completed application form with the required sketch of the property
involved and the lot split fee of $30.00 for each original lot being split.
3. The application will be checked over by Staff and the owner may be required
to submit a Certificate of Survey containing a simple description of a part
of a platted lot or registered lot, along with the new parcels created with
all existing structures tied in.
4. The application will then be submitted to the Planning Commission for their
recommendation. The Planning Commission meets on the Wednesday following
the City Council meeting, which -is generally the first and third Wednesdays
of the month.
5. The recommendations of the Planning Commission are submitted to the City
Council for final action. If a Certificate of Survey wasn 't required before,
it will be required for this meeting. The City Council meets on the first
and third Mondays of the month.
6. The City Council approval may be subject to certain stipulations which must
be complied with by the applicant.
7. A letter will be sent to the applicant to notify him of the Council action
and to advise him to comply with the conditions imposed by the City. The
letter will also contain any necessary deeds for easements and other pertinent
papers for his signature.
8. When all the conditions of the lot split have been complied with, the applicant
should file the lot split in Anoka County.
g. In all cases where Council action has been sought and denied, no petition for
identical action can be presented until a period of six months has elapsed.
NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR
THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE
AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT
OF FRIDLEY MAY BE ABLE 1-0 PROVIDE THE ESTIMATED AMOUNT OF
ADDITIONAL TAXES OR ASSESSMENTS.
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CITY of FRICL UEY� SU"'
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M}NNEsaTi4 COMMISSION APPLICATION
REVIEW
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COMPLETE REVIEW CHECKLIST
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RETURN TO. PLANNING oulm
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PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 6 '
Mr. Bergman stated he had been asked to call Jerrold Boardman, the City Planner,
and he will be unable to attend the meeting this evening. He stated another
staff member will be coming to the meeting to take Mr. Boardman's place.
2. LOT SPLIT REQUEST, L. S #77-08, RON NIELSEN • Split off the Westerly
130 feet of Lot 31, Auditor's Subdivision No. 77, subject to street
easements, to make a new building site on the corner of 71-1/2 Way N. E.
and Alden Circle N. E. (Existing house on balance of the lot - 115
71-1/2 Way N. E. )
Mr. Don Nielsen appeared before the Commission regarding this request for a
lot split. He stated the application should read that they are requesting
105 feet to be split off the Westerly side of Lot 31. He pointed out the
agenda description states 130 feet.
Ms. Schnabel questioned if the drawing on Page 28 of the agenda book was
accurate.
Mr. Nielsen stated the lot split line is correct, but isn't in proportion
to where the building is located. He pointed out the storage shed has been
removed since the lot was surveyed.
Mr. Nielsen stated he cannot understand the 130 feet, as his intention is
only to split off 105 feet from the West side of Lot 31.
Ms. Schnabel questioned when the survey was made and Mr. Nielsen stated in
1973.
Mr. Nielsen stated, since the survey was made, there has been quite a bit
of alterations.
Mr. Bergman stated the survey should be current for purposes of reviewing
this lot split request.
Mr. Ron Nielsen stated the line has been drawn in on the 1973 survey where
they would like the lot split to be, that is, 105 feet from the West line of
Lot 31. He pointed out the storage shed would be removed.
Ms. Schnabel asked if it was their intentions to construct a home on that
Westerly portion.
Mr. Ron Nielsen stated there will be a home constructed, however, he is in
the process of selling the property for this purpose and would need the lot
split.
Ms. Schnabel asked if the property was zoned R-1. Mr. Ron Nielsen stated he
assumes it is single family because that is what is in the Henderson plat.
In figuring the square footage for this lot, it was pointed out that the
minimum square footage requirements would not be met, therefore, a person
wishing to build on the lot may have to apply for a variance if they are
unable to meet setback requirements and square footage requirements.
PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 5
Ms. Schnabel stated the code does provide, for instance, if the building is
not completed, the special use permit would lapse and become void.
Ms. Schnabel felt the decision should be made on whether or not to allow a
gymnastics and exercise school in an industrial zone.
Mr. Yakel pointed out the hours of the school are normally after work hours
and didn't feel there would be a problem with traffic.
No other persons in the audience spoke for or against this request for a
special use permit.
MOTICN by Ms. Schnabel to close the public hearing. Seconded by Ms. Shea.
Upon a voice vote, all voting aye, the motion carried unanimously and the
public hearing was closed at 8:33 P. M.
Ms. Schnabel stated her only concern would be the traffic through the area
and safety factor and would have no other problems that she can see, at
this point, in granting the special use permit.
Ms. Schnabel stated she assumes the petitioner has looked at many places to
lease for this type of business as it obviously requires certain specifica-
tions which are not easily found in other buildings.
Mr. Bergman stated he agreed with Ms. Schnabel's remarks. He indicated he
was familiar with warehousing operations and the amount of traffic going
in and out really isn't that great. He stated it was interesting to note
the hours of the school are from 4 p.m. to 9 p.m. which are primarily
after the hours of the warehousing activity.
Mr. Bergman pointed out that space on the end of the building would be in
less conflict with the traffic and felt the property owner might want to
take this into consideration.
MOTION by Ms. Schnabel, seconded by Ms. Shea to recommend approval of
Special Use Permit, SP 577-10, by the requester Jill L. Zak, for a special
use of property at 8290 Main Street N. E. for the purpose of a recreational-
commerical facility in an M-2 zone. Upon a voice vote, all voting aye, the
motion carried unanimously.
Mr. Langenfeld questioned if there should be any other conditions.
Ms. Schnabel felt the special use permit was issued to Ms. Zak specifically
and for a recreational use and that was all that was necessary.
Mr. Bergman suggested Ms. Zak check with the City staff when this item will
be on the Council's agenda.
RECESS:
Recess called by Chairperson Bergman at 8:40 P. M.
RECONVENED:
Reconvened at 8:45 P. M. Schnabel Shea
present. , Bergman and Langenfeld were all
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PLANNING COMMISSION MEETING - AUGUST 17, 3.977 PACE 7
Mr. Don Nielsen stated, when they dedicated 25 feet to the City for the road,
they were informed the City did not want to leave them with an unbuildable
lot.
Ms. Schnabel pointed out that if they split off 110 feet, it would give them
additional square footage and closer to the 9,000 square feet required.
Mr. Don Nielsen felt, if this was done, it would give him hardly any yard at
all.
Ms. Schnabel stated she appreciated Mr. Nielsen's concern, however, if the
lot split was approved as he requested, they would be creating an unbuildable
lot. She felt this may have been the reason for the change to 130 feet,
instead of the 105 feet, in order to make this a buildable lot.
Mr. Ron Nielsen questioned if the requirements would be met if the house faced
on Alden Circle instead of 71-1/2 Way. Ms. Schnabel indicated they could prob-
ably meet setback requirements, but not square footage requirements.
Mr. Bergman felt he had inadequate information to take action this evening.
He stated there was lack of an up-to-date map and the description, in Mr.
N ielsen's view, is wrong.
Mr. Don Nielsen stated he would like the Commission to consider the 105
feet as no one could have built without them giving up the 25 feet for the
road.
Mr. Bergman stated, when he gave the 25 feet, it wasn' t necessarily condit-
ioned on anything else but to provide the necessary accessways for the pro-
perty.
Mr. Langenfeld pointed out if the lot split was granted and the buyer .of the
lot was aware the lot was substandard, he felt it would only create a worse
situation.
Ms. Schnabel questioned if it would be agreeable with the applicant to table
this item to the next Commission meeting so input can be received from staff
in terms of the lot size and come to an understanding of what is required on
the square footage.
Mr. Don Nielsen stated the sale of the property could be subject to the lot
split, however, he did not want to stall the buyer indefinitely.
Mr. Langenfeld indicated the Commission could send this to Council without
a recommendation and have staff supply input at the Council level.
Mr. Bergman felt this could be sent to Council, without a recommendation,
but would vote against it as he felt they had a job to do.
Mr. Ron Nielsen stated, as far as the survey shows, the original plat lines
for the whole lot are correct. He stated the only problem now is where the
line would go.
L
PLANNING COMMISSION MEETING - AUGUST 17, 1977 PAGE 8
Mr. Don Nielsen stated when this was discussed with the staff, it was pointed
out that it would be 105 feet and this figure was written in at that time.
Ms. Schnabel stated she wondered why the staff had changed it to 130 feet
and felt possibly it has something to do with the 25 foot dedication.
Ms. Shea questioned if the 25 feet is the actual street. Mr. Don Nielsen
stated it may be part of the boulevard area.
Mr. Bergman stated, he may be getting a little technical, but the map on
Page 28 is not a survey as it is not stamped, no one has signed it and he
didn' t know where it came from.
Mr. Don Nielsen stated the garage shown on the drawing is his old garage
which has been torn down and he has bought an additional 10 feet to the
East of his lot. He stated the drawing isn't at all like the lot presently
exists and is not really up to date.
Ms. Schnabel felt, if Mr. Nielsen did not have any strong objections, it
would probably be better to table this item to the September 14 meeting.
Mr. Don Nielsen felt this would be acceptable with him.
MOTION by Mr. Langenfeld, seconded by Ms. SchnabOl• to table this item to the
next meeting of the Commission for the properinformation from staff. Upon a
voice vote, all voting aye, the motion carried unanimously.
Mr. Bergman suggested to Mr. Nielsen that he meet with Jerry Boardman of
the City staff regarding the discussion this evening and in order to bring
things up to date and clarified for the next meeting.
3. LOT SPLIT REQUEST, L. S. #77-09, DE GARDNER REALTY: Split Lot 1, Block 1,
Marion Hills Second Addition, and Lot 12, Block 1, Marion Hills, into two
arcels• PARCEL A The West 100' of Lot 1 Block 1 Marion Hills 2nd
Addition, together with that part of the West 100 feet of Lot 12, Block 1,
Marion Hills Addn. , on file in the office of the County Recorder, Anoka
County, Minnesota as Document No. 455241, Bk. 889, Pg. 221. Subject to a
utility and drainage easement over the above described properties as
Document 339804, the same being 1335 52nd Avenue N. E. PARCEL B. Lot 1,
Block 1, Marion Hills 2nd Addition, except the West 100 feet thereof, to-
gether with that part of Lot 12, Block 1, Marion Hills Addition, on file
as Document 455241, B1.880, Pg. 221, except the West 100' thereof. Sub-
ject to a utility and drainage easement over the above described pro-
perties as Document 339804, the same being 1345 52nd Avenue N. E.
Mr. Allen Mattson, representing DeGardner Realty, appeared before the Commission
regarding this request for a lot split.
Mr. Mattson stated this land was bought as a tax forfeit piece of property
and the City was contacted to see if the property could be split into two
buildable lots.
K
PLANNING COMMISSION MEETING - SEPTEMBER 14, 1977 Page 3
The neighbors that were at the Planning Commission meeting
were in favor of the proposed plans.
UPON A VOICE. VOTE, all voting aye, the minutes of the
August 23, 19772 Appeals Commission Meeting were received.
2. RECEIVE: PARKS & RECREATION C01414ISSION MEETING
OF AUGU8T. -22, 1977
MOTION by Mr. Peterson, seconded by Ms. Schnabel, to receive
the minutes of the August 22, 1977, Parks & Recreation
Commission meeting.
Mr. Peterson pointed out Item B of page 2. He informed
Mr. Harris that two new tennis courts would be built in
the Riverview Heights area.
UPON A VOICE VOTE, all voting aye, the minutes of the
August 22, 19772 Parks & Recreation Commission meeting
were received.
. TABLED: LOT SPLIT REQUEST S . #77-08 , RON NEILSON
SPLIT UFF `_S i� it: 1'' 0,P , qq A 71�C 1 rT�/��`
SUB.UiViIJ i 11U. Jt=L T E"T 4+i�Lr5:�1`1 l�V niJ 1O
1
MAKE A 1.i!J - . i L� ON THE C RPdER 0E 71 '711Y Iq"'
MID civ UIEULE 1-i.E. axis ing house on baiance of
of - 115-- 71 z ,;Jay NE. )
MOTION by Ms. Schnabel, seconded by Mr. Peterson, to remove
the item from the table. Upon a voice vote, all voting aye,
the motion carried unanimously. The item was removed
from the Table at 7: 52 P.M.
Mr. Boardman explained that the lot in question was a
very long lot, which the petitioner wanted to split into two parcels .
Mr. Boardman explained that the Westerly 130 foot measurement
was from the center of the street to the lot line. 105 feet
of the 130 feet is the actual lot. He said that that had
been the confusion at the previous meeting when the item
had been tabled.
Chairperson Harris asked about the existing structure that
would be split by the new lot line.
Mr. Don Nielsen of 115-71 ;'Jay NE indicated that the
structure was in the process of being moved.
PLANNING C01414ISSION MEETING SEPTEMBER 14, 1977 Paue_ 1 -
Mr. Boardman said that the City did not need any easements.
He explained that the lot would be served by Alden Circle.
Mr. Boardman explained that the Planning Commission had
the authority with a Lot Split, that when the lot split
was approved a variance would automatically be granted.
He said that this authority would have to be exercised
in the rea_uest since the resulting lot would be
less than 92000 square feet.
Mr. Boardman went on to explain that the variance would
only be granted regarding the lot size and not for the type
or size of house that could be constructed on the lot.
The buyer of the property indicated that he proposed to
construct a house that would face Alden Circle.
Mr. Boardman said that it would be possible to build the
house facing Alden Circle that would not require any
additional variances.
Ms. Schnabel asked if the Planning Commission was seeing
a verified survey.
Mr. Boardman indicated that it was a verified survey.
Chairperson Harris had questions regarding the street
right-of-way that Mr. Boardman was able to adequately
answer.
MOTION by Mr. Peterson, seconded by Ms. Shea, that the
Planning Commission recommend the granting of the Lot Split
request: L.S. ;x"77-08, Ron Neilson: Split off the westerly
130 feet of Lot 31 , Auditor' s subdivision No. 777 subject
to street easements, to make a neer building site on the
corner of 712 Vlay NE and Alden Circle NE. (Existing house
on balance of lot - 115 712 Vlay NE.) Upon a voice vote,
all voting aye, the motion carried unanimously.
4. PUBLIC HEARING• REnU17ST FOR SPr T�lT Iy EE L,
S.p = 7'�-1 1 , BY RODNi Y 3R_1NNON: PER FRIDLEY CITY CODE
SECTION 205. 101 3H TO ALLOW AN AUTOMOBILE CAR WASH
ESTABLISHMENT IN A C-2S (GENERAL SHOPPING) ON LOT 22
BLOCK 12 TARGET ADDITION THE SAME BEING 775-53rd
AVENUE NE.
MOTION by Ms. Shea, seconded by Ms. Schnabel, to open the
public hearing. Upn a voice vote, all voting aye, the motion
carried unanimously and the Public Hearing was opened
at 8:04 P.M.
193
REGULAR MEETING OF SEPTEMBER 26, 1977 PAGE 2
Councilman Fitzpatrick indicated he would agree with the City Manager's suggestion
and not, be in favor of taking any items out of the Capital Outlay account to provide
for the additional $2,400.
Councilman Schneider indicated he would have no problem with the City Manager's
suggestion.
MOTION by Councilman Schneider to amend the budget by directing the administration to
add $2,400 in the Parks and Recreation Budget to Account 4520 for playground equipment
for Harris Lake Park or Rice Creek School and direct the City Manager to reduce the
overall Parks and Recreation supplies budget by this amount so the total budget would
remain the same. Seconded by Councilman Fitzpatrick.
Mayor Nee felt it was bad timing to make the change at this point. Councilwoman
Kukowski concurred and felt the Commission and City Council had gone over the budget
numerous times before and she was not in favor of the change at this late juncture.
UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, Councilman Schneider, Councilman
Fitzpatrick, and Mayor Nee voted in favor. Councilwoman Kukowski and Councilman
Hamernik voted against. Mayor Nee declared the motion carried by a 3 to 2 vote.
UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the
motion carried unanimo
CONSIDERATION ANNING CO SION MEETING, MINUTES OF SEPTEMBER 14, 1977:
RON NEILS9K, LOT SPLIT #77-08)115 7112 WAY N.E.:
Mr. Sobie b ' r ector, explained this request is to split off the
j westerly 130 eet of Lot 31 , Auditor's Subdivision No. 77, subject to street
easements, to make a new building site on the corner of 711-Z Way N.E. and
Alden Circle N.E. He stated the lot width would be 80 feet and the depth 105 feet.
Mr. Sobiech pointed out the structure on the lot line has been removed and there has
been a fence line established on the east lot line of the new lot.
Mr. Sobiech stated the Planning Commission recommended approval of this lot split
i
at their September 14, 1977 meeting.
MOTION by Councilman Fitzpatrick to concur with the unanimous recommendation
of the Planning Commission and grant Lot Split #77-08. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
RODNEY BRANNON, SPECIAL USE PERMIT SP #77-11 , CAR WASH, 775 53rd AVENUE N.E. AND
REQUESTS FOR REAR AND FRONT YARD VARIANCES:
Mr. Sobiech, Public Works Director, stated this is a request for a special use permit
to allow the construction of a car wash on Lot 2, Block 1, Target Addition. He
pointed out, in the past, the City has had some bad experiences with car washes and
felt the Council should be aware of this.
Mr. and Mrs. Brannon appeared before the Council and presented architectural drawings
of the car wash.
Mr. Brannon stated he will purchase the finest line of car washing equipment
available and would operate the wash from 6:30 a.m. to 11 p.m. He stated this
will be a family business that will be well-maintained.
Councilman Schneider stated he has two concerns, the traffic flow and the possibility
of ice build-up in the winter.
{ Mrs. Brannon stated, as far as ice build-up, in talking with other car wash owners,
they have never experienced this problem. Mr. Brannon stated they would be using
compressed air to blow about 95% of the water off the cars, and also will have infra-red
heat to further dry off the cars. He felt also that people will be wiping the cars
so that the locks wouldn't freeze. He felt, with these methods of drying and the
fact that the bays will be sloped, they anticipate no problems with ice.
Councilman Schneider stated his initial reaction was concern with the traffic backing
up into the main parking area, but he wasn't aware of the proposed service drive.
192
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 26, 1977
The Regular Meeting of the Fridley City Council of September 26, 1977 was called to
order at 7:35 p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE: 1
Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Councilwoman Kukowski, Councilman Schneider, Mayor Nee,
Councilman Hamernik, and Councilman Fitzpatrick
MEMBERS ABSENT: None
APPROVAL OF MINUTES:
REGULAR MEETING, SEPTEMBER 12, 1977:
MOTION by Councilman Hamernik to approve the minutes as presented. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
ADOPTION OF AGENDA:
Mayor Nee requested two items be added: (1) Receiving Resignation from Jim Langenfeld
and (2) Receiving Letter of Protest from Mr. Ellis.
MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by
Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the
motion carried unanimously.
OPEN FORUM, VISITORS:
There was no response from the audience under this item.
j
NEW BUSINESS:
i
CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL I
YEAR 1978: !
Mr. Qureshi, City Manager, stated adjustments were made in the budget, as suggested
by Council, and the mill levy was increased by 1.7 mills from what was originally
proposed. Mayor Nee stated the City levy for property, under a value of $80,000, will
actually result in a decrease in taxes for next year; mainly, as the result of an act
by the State Legislature which changed the levy formula and the City's desire to hold i
taxes down.
MOTION by Councilman Hamernik to waive the reading and approve the ordinance upon first
reading. Seconded by Councilwoman Kukowski.
Councilman Schneider stated he would like to recommend that $2,400 be added to the Parks
I and Recreation, Capital Outlay, Account 4520 for playground equipment at Harris Lake
Park or Rice Creek School. He pointed out both the Open Space Plan and the Neighborhood
/ Project Report indicates recreational facilities are not adequate for the neighborhood.
He indicated he would like to see an effort made to provide some playground equipment
for the area.
Councilman Schneider suggested that other expenditures for Capital Outlay be reduced
I
in the Parks and Recreation budget to cover the $2,400.
Mr. Qureshi, City Manager, suggested if the Council wishes to approve this recommendation,
that the Capital Outlay in the Parks and Recreation budget not be reduced, but to take
this amount of $2,400 from another area in the Parks and Recreation budget, possibly
from "Other Supplies."
Mr. Qureshi felt all the items provided under Capital Outlay have been carefully
reviewed and feels the $2,400 shouldn't be taken from this account.
I
Note: You must bring a copy of this approval with you to the County
in order to record this lot split. (State Law)
TO THE COUNTY AUDITOR OF ANOKA COUNTY:
The City Council of the City of Fridley on September 26, 1977
approved the following request for a lot split to allow:
one lot split into two building sites .
on the following property:
Split off the Westerly 130 feet of Lot 31, Auditor' s Subdivision
No. 77, subiect to street easements, to make a new building site on
the corner of 71 1/2 Way and Alden Circle N.E. (Existing house on
b .
A stipulation to the lot split approval was to combine
appropriate parcels of property to ensure no defaulting of taxes
and avoid losing a parcel on a future sale of the property.
It is- hereby requested of the County Auditor to check
the records and, if in order, combine the following parcels
of land:
Plat #
Parcels
Lots T.nt 31
Block
Addition Auditor' s Subdi vision No. 77
Signed
Owner(s) of Record
cc: Property Owner
Lot Split Folder
Fridley Assessing Dept- ,Real Estate File
Special Assessment Dept. File