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LS72-03 Form #5-68 LOT SPLIT APPLICATION CITY OF FRIDLEY FOR CLTj.2a.ON Applicant's Name APPLICANT: ' a• Lot Split # 7 2- -03 ADDRESS: !-< Street City Code Date Filed: 4) TELEPHONE #_5 0 �� ��9 ?��f Fee: 15 .OQ3eceipt /ACU 54 Home Business Council Acti.On:Date o RTHLI►RKS: C) PROPERTY OWNER(S) � S"- 'd ani +� � 0 3 ADDRESS(ES) a) a, 9 o Street City Zip Code + WIc -P -P m cd Street City Zip Code CH � ami � TELEPHONE #(S) Id Home Business m P 0 N O U txA O � � (0 0 Property Location on Street or Exact Street Address (IF ANY) Lot 2: 15 Rice Creek Way w U H Legal Description of Property: A e-1- �C�L u� 70L-Z (Lots 1 & 2, Block 1, Edgewater Gardens) Reason for Lot Split: Total Area of Property sq. ft. r Present Zoning Classification The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE: 7L SIGNATUREL1,11 C=/.:g� BELOW FOR CITY USE ONLY (Seo reverse side for additional instructions) PLATS & SUBS: Date of Consideration - 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 Ave. N.E. , Fridley) 2. Return completed application form with the required sketch of the property involved and the lot split fee of $15.00 for each original lot being split. 3. The application will be submitted to the Plats & Subdivisions and Streets & Utilities Subcommittee for recommendations. This Committee meets once a month, when required. The City will supply the applicant with minutes of the Subcommittee. 4. Following the Plats & Subs Committee recommendation of approval, the owner must then obtain a Certificate of Survey on the original parcel or parcels along with the new parcels created with all existing structures tied in. 5. The Certificate of Survey should then contain a simple description of a part of a platted lot or registered lot and be filed with the Engineering Department for Planning Commission recommendations. The Planning Commission meets on the second and fourth Thursday of the month. The City will supply the applicant with minutes of the Planning Commission. 6. The recommendations of the Planning Commission are submitted to the City Council for final action. The Council meets on the first and third Monday of the month. 7. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. 8. 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. 9. When all the conditions of the lot split have been complied with, the applicant should file the lot split in Anoka County. 10. 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 TO PROVIDE THE ESTIMATED AMOUNT OF ADDITIONAL TAXES OR ASSESSMENTS. �,,-jt part of Lot 1, lyinp, Sc.-.Atheasterly of the 11"6-- do, C line: Crn=encinp', at t;�,a Sol'it'n-ent of said Lol- I . . ; tl-,enoa South 1 de�retis 30 try S�nutherly ..Ane of said 1-it 1, nce of 1 t, to thn actual point of , 0 feet, ,-LrAng of lin- e to be describ�--,-,'* therice Forth - f, t, ret%s 25 es Ei!�st, a disti.rxe of 170 90 or lest, to the n! -'re of Txe.ke, Uike, and there "1!'4ATFR GAPDFNS , Villag f -..-ating. Block 1, e o Anol--a C ounty, '�1—inesota. SSI kL L .S. #72-03: Don A. Schultz .4— Lots I & 2, Bl . 1, Edgewater Gardens To move lot line from under adjacent house for adequate side yard. 171 7 %S -7 A. 0 Nt '\? .71 ORIGINAL LOT LINE 7- 'v" N August 22, 1972 Mr. Darrel Clark Assistant City Engineer City Hall Fridley, Mn. 55432 Dear Mr. Clark: This letter should not detract from my sincere appreciation of your assistance and that of all othere; Planning commission and Council members, in achieving the lot split request: L.S. #72-03. Taxes are subject to percentage changes from year to year. It therefore seems prudent for one to clarify the wording used in order this property be considered its proper light! To be brief, suffice it to say, the need existed to give Lot 2 Blk. i Edgewater Gardens a back yard presently occupied by the angular plotting of the most west- erly line of Lot I Blk. 1 . If further explanation is necessary: 1 . Lot I Blk. I Edgewater Gardens was owned by a separate entity . at the time of purchase and was so owned for a substantial period thereafter. 2. The so-called addition was done before my ownership and was considered part of the total purchase. The work addition could be construed other than utilizing the notch taken from a rectangular to make an unheated, uninsulated porch. Again, beore my ownership. 3. Point #2 should cause the minutes to delete the following statement: "Mr. Schmedeke said that Mr. Schultz built an addition on his home that extended over the lot line". It could correctly state the home was built in this manner originally before my ownership. Regarding the last paragraph it can be debated as to why the space between the next most westerly lot line leaves about five times requieed space which is not needed or used. It would have been had the house and lot lines been parallel . Mr. Schultz inherited a liability by reason of faith in the then city inspection department. He will pay the price now required, but wishes to head off building a future unnecessary tax liability. Mr. Schultz made no addition to his house after ownership and, minor as it may now seem, respectfully requests the minutes delete such statements, or to state the facts as noted above if deemed necessgry. • E l Planning Cor -,.t-nsio11 Meeting - July 19Z 047E - PaFm ' 4. LUT SPLIT REQUEST: 'Q L.S. #72-03, BY DON A. SCHULTZ; Lots 1 and 2, 510Ck 1� Edgewater and re uire To remove lot line from under adjacent house for adquato side yard requirement. Mrs—Donald A. Schultz was present. Mr. Clark said that this request u3& before the Plats & Subdivisi,oila.Stree ts A Utilities Subco=ittec an,: t,,,.y approv,. l,ti lot split. The North boundary o these lots is the shoreline as it exist,: WLILn Edgewater Gardens were platted, Between the South land and the present sh.,re land there is land owned by another party. Mr. Schultz is trying to hire a surveyor to plat the lake, Mr. Drew Scherer have agreed to deed it to the people around the lake. Qno Dere son will buy and plat and deed to the people around the lake. Mr1 Schultz is working with the County Surveyor who said the platting will not affect they lot sp1iK. Mr. Schmedeke said t}*at U- c_L__,._ �_ an addition on his home that n I extended over the old lot line. He ows b,)ti, l )ts. i IMr. Minish added that Mr. Schultz wanted to develop Lot 1 ancan't because of the property line going under his present home. d d0 It Mr,M , Clark said thensue i l n P a th atuts into� the lake is on th as the house is on and the other 1 e same 1ofi of would b e separate.arat witt;0ut consideringP e. Lot 2, Block 1 1q 1ag83� the lake bottom ro p petty. The description wa thd' County Surveyor and he will accept it. s GhBCke ,�� Mrs. Schultz explained that the house was focing directly to t that belongs to Lot 1. If the house could have been facia in he property they wouldn't have this problem. g another dir03cFlop� Mr. Clark said it was difficult for the builder to decide whether to sot the house perpendicular to the street or the lot line. With the new lot liner the house will be parallel to the lot line. M=OTION by Minish, seconded by Fitzpatrick, that the Planning 99g 6,71¢1, rccozwzend to Council approval of the Lot Split Request, Z.S. #72..03 b Schultz, of Lots 1 and 2, Block 1, Edgewater Gardens to remove therl0t Jjr4o from under the existing house and provide adequate side yard. Uppn d yQico VVtof all Voting aye, the motion carried unanimously. LOT SPLIT R.rOUEST: L S 0972-04, BY EDWARD E COLEMA!J FOR JOT: ,TC EAL Lot 16, except East 165 feet, Revised Auditor's Subdivi� s�i ` M.Y Off South 5 feet of Lot 16. OA lr23 *' CQ 1 t Mr, Gerald M. Randall represented the petitioner. The Plats & Subdivisions-Streets & Utilities Subcommittee Yal of the lot split. A survey was made of the thq pr eylg a pRp* -., request and it sho•�►ed that the neighbor's property after tho pfiCYl0U8 V�iorQfore, with the City approval, they would alike 8tolselle5 on the tStheti 1 4 tit Chea neighbor. s PQ�t a� zhata4 a, i SPECIAL PUBLIC HEARING MEETING OF JUNE 12, 1972 PAGE 13 �. VISITOR: Mr. Don Schultz, 15 Rice Creek Way: White sand on banks of Locke Lake: Mr, Schultz has hauled white sand onto the banks of Locke Lake for his two late plus the City park property. In getting the sand to the shoreline, he drove over the park land and the curb without permission from the City, either to drive over the property or alter the park shoreline. There has been a dis- agreement at the Staff level between Mr. Schultz and the Staff in regard to how the sand should be handled. Mayor Liebl asked the City Manager, the City Engineer, Mr. Schultz and as many Councilmen as could to meet Tuesday at 5:00 P.M. to go and look at the site. He said this would be a chance to show the people on Locke Lake the City is willing to do something in regard to ecology and keeping the beach nice. He said he had looked at the curb that was supposed to be damaged by Mr. Schultz, bgt that was damaged 4 5 months ago by motor- cycles. The City Manager said Mr. Schultz had talked to him about his plan after he had done it, and he had suggested appearing before the Parks and Recreation Commission, Mr. Schultz said that he considered his actions a continuation of his project, The white sand was not available last year, but it is now for a short while, He said he never thought it would be necessary to get permission, and acted quickly while the sand was available. He said as to the pictures of the piles of sand, there is only about � truckload of sand left to be shovelled and it looks quite different now. He then mentioned his deed for his property which is given by footage rather than reading to the waterline. Now there is a strip of land between his property line and the water's edge which is owned by the original developer, Mr. Ostman, and he would like to get title to that strip. The Council informed him that would have to be between him and Mr. Ostman. Mr. Schultz felt that the City should do something about this privately owned lake bottom; they should buy it and have a City cvned lake. RECESS: Mayor Liebl declared a recess at 10:15 P.M. The Meeting was reconvened at 10:30 V,M. CONSIDERATION OF CHANGE ORDER NO. 1 FOR WATER IMPROVEMENT PROJECT #108: The City Engineer reported there is some work needed that was anticipated, however, the Change Order cost will still place the project cost within the engineeripq estimate, MOTION by Councilman Mittelstadt to approve Change Order #1 to Water Project #100 in the amount of $4,083.00. Seconded by Councilman Utter. Upon a voice vote, akll ayes, Mayor Liebl declared the motion carried unanimously. ESTIMATES: Progressive Contractors, Inc. Osseo, Minnesota PARTIAL Estimate #2 for work completed through this date on: Street Improvement Project St. 1974rl $67,307.66 Street Improvement Project St. 1972-2 $15,559.95 SPECIAL PUBLIC NEARINQ MEETING QF JUNE 12, 1972 PAG9 14 Weaved Talle Ss Herrick 310 East Main Street Anoka, Minnesota For Services Rendered - May Billing MQTIQN by Councilman Mittelstadt to approve payment of the estimates as submitted Seconded by Councilman Utter. `Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REPORT ON EMPLOYMENT OF PARK AND SCHOOL RANGERo MOTION by Councilman Mittelstadt to receive the report submitted by the City Manager dated June 12, 1972. Seconded by Councilman Atter. Upon a `mica Votef All ayes, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked the City Manager to explain the proposal for the benefit of the audience, The City Manager said he has recently met with Mr. Ray Mondloh of the School board and also several school administrators concerning p9amon Problems the City and Schools have. One of the ideas that came out of the meeting was the COMMQn need of the City and the School District for a park and school ranger, This position would be utilized to patrol the Fridley Junior and Senior High School, Complex 10 hours per week and the remainder of the park system 26 houa;s per weeho The duties of the ranger would be as follows: R•. Qbservation and detection of vandalism, and to work with the Fridley 8oli.ce Department in apprehension of suspected vandals. H, Detection of misuse of facilities and property and correction of same, 0, Work closely with the Fridley Police in enforcing the prohibition Qf motorized equipment of all kinds on the athletic and park areas, D, Make certain only authorized personnel are using the facilities. E, Curtail certain dangerous and unauthorized activities on both school And park property. V. Control parking on all sites. The City Manager continued that the park and school ranger would work a total 9S 36 hours a week, for the fourteen week trial period, which would begin J)Mq 19th, The ranger would be provided with an automobile, uniform and would be equipped` With a two way radio on the police frequency, however, he would not be armed, His hours would be from 5:00 P.M. to 11:00 P.M. Over the past two year pert9d, the Parks and Recreation Department has experienced over $6500 lost through vandalism. The salary proposed is $126 per week for the 14 weeks with a total, cost including uniform and car to the City of $1644 and to the School District $470f for a total cost for the experimental program of $2,114. He suggested .the City's share of $1644 could be'paid for out of the recent transfer of the unused portion of the Ward Two Councilman's salary which amounted to $231Q, The City Manager continued that this is really not a new program, Recently the Minneapolis Park and Recreation Board voted to employ 24 additional seasonal, pax'k patrol t a agents. g CITY OF FRIDLEY PLATS b SUBDIVISIONS- STREETS & UTILITIES SURC010ITTEE .DULY 12, 1972 PAGE 1 CALL TO ORDER: The meeting was called to order by Chairman Schmedeke at 7:30 P.M. ROLL CALL: Members Present: Meissner, Schmedeke, French, Forster Member Absent: Engdahl Others Present: Darrel Clark, Engineering Assistant 1. LOT SPLIT REQUEST: L.S. #72-03, BY DON A. SCHULTZ: Lots 1 and 2, Block 1, Edgewater Gardens. To remove lot line from under adjacent house for adequate side yard requirements. Mr. Schultz was present. Chairman Schmedeke commented that Mr. Schultz owns the property on both sides of the line he intends to move. Mr. Clark discussed the drawing on Page 2 of the Agenda, saying the existing lot line runs right underneath the corner of Mr. Schultz's existing house. He would like to move the lot line. The shore line has moved out, but the ownership has not. The entire lake bottom is owned by two people. Mr. Schultz has a surveyor working on this to get a plat of the whole lake bottom. Tonight all the Subcommittee is talking about is moving the lot line. He called the County Surveyor and he will accept the lot split if the City decision is favorable. Mr. Schultz has a retaining wall along the shoreline of his house and there may be need for one on this neer building site also. Mr. Meissner asked how Mr. Schultz ended up with a house on top of -the lot? i i Mr. Schultz said that the house was built without maximum use of his property and should have been turned for all practical purposes. He can't own both lots forever and this would come up sooner or later. The Chairman felt that this was a simple lot split. 1 MOTION by French, seconded by Meissner, that the Plats & Subdivisions-Streets $ Utilities Subcommittee recoand to the Planning Commission approval of the 'Lot Split Request, L.S. #72-03, by Don A. Schultz for Lots 1 and 2, Block 1, Edgewater Gardens to remove the lot line from under the house and provide adequate side yard for this existing house. Upon a voice vote, all voting aye, the motion carried unanimously. Plata & Subs." Str. & Util. M July 12, 1472 Page 2 Mr. Clark explained that before the lake was formed, the land was owned by two people, 0*' , 'Ostman and Drew Scherer. They are still the owners of the lake bottom. if one person owned the lake and everybody around the lake shared • the cost of platting, the lake bottom could be divided into lots. Then the one owner could deed the individual lots to the adjacent owner. For example, the land in front of Mr. Schultz°s Louse, because the shorellne has shifted, is owned by another person and consequently, Mr. Schultz has no lake access. • Mr. Schultz said his surveyor may not have enough time to do it. There will be 50 different ideas of how it should be decided because there are 50 lakeshore owners. There are some people who will not deed their ptoperty to the lakeshore because they had their property before there was a lake. 2. LOT SPLIT R&UWT-._ I. S 472-041 EY EDWARD Er COLEMAN, ATTORNEY FOR JOHN M. METCALPE: Lot 3.6, except East 165 feet, Revised Auditor's Subdivision #23 -- to split off South five feet of Lot 16. Mr. Gerald M. Randall, Associate, of the office of Edward E. Coleman9repre- sented Mr. Metcalfe. Mr. Clark reviewed the lot split request of a year ago referring to the map on Page 8 of the Agenda, and said Mr. Metcalfe got approval to split the land that runs from the Mississippi to the East side of Riverview Terrace, being one large parcel into three R-1 lots. it was stipulated that he provide a second utility and driveway easement for sewer and water and access for the house now located on the river. igen the survey was made, it was discovered that the neighbor to the South had his garage built with a 1.+ foot overlap. The City has one deed already signed but not recorded for Riverview Terrace. The County won't accept it because of the title which was in the name of the father-in-law of Mr. Metcalfe, but now Mr. Metcalfe has the title. Mrs. Clark continued that the driveway goes across the Southerly part of the lot. The utilities also may work out better on the South line. Nothing has been recorded yet so that it will not be a problem. The lot now is 91 feet wide and splitting off the South 5 feet would leave 86 feet. There is quite a bit of room between the new lot line and the existing house so that line coold slide East or West. The contract for the deed has -been paid off within the last few months. We should get a new deed signed by 3fr. Metcalfe for Riverview Terrace, Mr. Gerald Randall said he thought this would be taken care of soon. There is a mortgage on the five. foot strip that Mr. Metcalfe is selling. When the mortgage is released, a sdirvey will be made of the whole area. Mr. Clark said the sewer is rather shallow that couwts to the House on the river. if ft can verve that houses it can serve the proposed house. However, it sndU Neve to be relocated. As you move South, you gain depth in the sewer line. He added that the lot split cannot be completed until a survey is made cf the entire parcel so that proper legal descriptions can be brought up. by French, seconded by Forster, that the Plats s Subdivisions-Streets & utilities 5ubconotfttee recommend to the Planning Comission approval of the Lot split Bequest, L.S. x#72=04, by John X. Metcalfe splitting, of the Southerly 5 feet of Lot 16, except the East 165 feet, Revised Auditor's SaWivision #23 subject Planning Commission Meeting - July 19, 1972 Page 4. IAT SPLIT REQUEST: L.S. 172-03, BY DON A. SCHULTZ: Lots l and 2, block 1, Ldgewater Gardens. To remove lot line from under adjacent house for AdogVate side yard requirement. Mrs. Donald A. Schultz was present. Mr. Clark said that this request u,& before the Plats & Subdivisigne-Streete A Utilities Subcommittsc ani ,ti,cy approv,.' _lie lot split. The North boundary of these lots is the shureline as it exist.0 ween Edgewater Gardens were Platted. Between the South land and the present shire land there is land owned by another party. Mr. Schultz is trying to hire a surveyor to plat the layer Mr, Oatman and Mr. Drew Scherer have agreed to deed it to the people around the lake. One per- son will buy and plat and deed to the people around the lake. Mr. SchuitZ is working with the County Surveyor who said the platting will not affect the lot split, Mr. Schmedeke said that Mr. Schultz built an addition on his home that extended over the old lot line. He owns both 1')t.s. Mr. Minish added that Mr. Schultz wanted to develop Lot 1 and Fant do It because of the property line going under his present home. Mr. Clark said the peninsula that juts into the lake is on the saute lot as the house is on and the other lot would be separate. Lot 2, Block 1 fe legal without considering the lake bottom property. The description was chocked W#4 the County Surveyor and he will accept it. Mrs. Schultz explained that the house was facing directly to the pTQperty that belongs to Lot 1. If the house could have been facing in another 4irec;4oul they wouldn't have this problem. Mr. Clark said it was difficult for the builder to decide whether to eft the house perpendicular to the street or the lot line. With the new lot lipop the house will be parallel to the lot line. ,MQT,roN by Minish, seconded by Fitzpatrick, that the Planning GA as4Qa ,recommend to Council approval of the Lot Split Request, L.S. #72-03, PV A$Z7 A, Scht:Jtz, of Lots 1 and 2, Block 1, Edgewater Gardens to remove the Jot 14�v from under the existing house and provide adequate side yard. Up9n c4 y9.10e y9tof all voting aye, the motion carried unanimously. 3, LOT SPLIT REQUEST: L.S. X72-04 BY EDWARD E. COLEMAN FOR JOIN 41 MTCALXJ,4 Lot 16, except East 165 feet, Revised Auditor's Subdivision #Z3 off South 5 feet of Lot 16. Mr, Gerald M. Randall represented the petitioner. The Plats & Subdivisions-Streets 6 Utilities Subcommittee rec9iftopoeo 4pVW9" yol of the lot split. A survey was made of the property after the proV19V.41 request and it showed that the neighbor's garage was located on the Xet lfo 1401 Therefore, with the City approval, they would like to sell 5 foot of 0944 444 to the neighbor. Planning Commission Meeting - September 6, 1972 Page 14 Mr. Clark continued that they have had one case similar to this on Mr. Ing Sivert's property. It was within the jurisdiction of the City to grant such a waiver. The garage for the house on Riverview Terrace is 140 feet off the right of way. Mr. Koprowski said he had the easement for the driveway. (15 foot minimum) . MOTION by .Schmedek e, seconded by Zeglen, that the Planninv Commission recommend to Council approval of the Lot Split request, L.S. #72-07, by , John Koprowski, for Lot 13, Auditor's Subdivision 423 Revision., subjectto a survey being furnished before the lot split is granted, showing the lot split divided into three separate building sites. The first building site is the physical split East of Riverview Terrace. The next portion to be the land remaining to the West and that said 1x>rtion West of Riverview Terrace be split into two building sites. The first to be 120 feet and the Second being the remaining Westerly part with a 15 foot easement for driveway purposes pn the Southerly side of the lot next to right of way. Upon a voice vote, all voting aye, the motion carried unanimously. 7. SUGGESTED AMENDMENT TO PLANNING COMMISSION MINUTES OF JULY 19, 1972 IN A LETTER DATED AUGUST 22, 1972 FROM DON A. SCHULTZ. In his letter of August 22, 1972 Mr. Schultz requested a correction in the statement of the Planning Commission minutes of July 19, 1972 that "Mr. Schultz built an addition on his home that extended over the lot line". The correction should read the "home was built in this manner originally before his ownership". MOTION by Schmed eke, seconded by Minish, that the Planning Commission minutes of July 19, 1972 on Page 6, paragraph 3, should read "Mr. Schmedeke said that an addition was built on his home that extended over the old lot line." Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: There being no further business, Chairman Erickson adjourned the meeting at 11:15 P.M. Respectfully submitted, Hazel O'Brian, Secretary V REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 8 • Councilman Breider asked why the $5,000 if City personnel would be used. The City Manager explained that we would be utilizing people that already have their day to day jobs and there is a limited amount of people. None 6f the departments can be shut down to free them for this job. There would also be some materials and equipment costs, such as the railroad ties and air hammers etc. Councilman Breider asked why specify $5,000, what if $7,000 is needed? The City Manager said that the $5,000 is the upward limit of what they anticipate, but if more is needed, the Council would then be asked to approve another transfer. THE VOTE UPON THE MOTION, being a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 19, 1972: 1. SPECIAL USE PERMIT SP #72-08, NAEGELE OUTDOOR ADVERTISING CO. : Parcel 1200, SSS Section 22, zoned M-2. Sign to be 14'2" X 49'9" to be parallel to railroad tracks, south of T.H. #694 and west of railroad tracks, per City Code 45.04,2. This item was continued by the Commission at the request of the petitioner. 2. SPECIAL USE PERMIT SP #72-09, BY NAEGELE OUTDOOR ADVERTISING CO. : Parcel 5400, Section 2, side by side poster, 12' X 25' per City Code 56.04,2. Located at 7940 University Avenue. The City Engineer reported that the petitioner has requested a delay until August 21st. MOTION by Councilman Mittelstadt to table this item to August 21, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. 3. PRELIMINARY PLAT P.S. #72-02, BY EINAR "TED" DORSTAD - DORSTAD ADDITION: A replat of Lot 39, Revised Auditor's Subdivision #77, except part to Greenwood (Parcel 5640) The Council has already set the public hearing for August 14, 1972. L LOT SPLIT RE UEST ,,q,#72-03, BY DON A. SCHULTZ: Lots 1 & 2, Block 1, Edgewater Gardens. To remove lot line from under adjacent house for adequate side yard requirement. ON by Councilman Mittelstadt to concur in approval of the lot split requested r. Don A. Schultz. Seconded by Councilman Utter. Upon a voice vote, all , Mayor Liebl declared the motion carried unanimously. 5. LOT SPLIT REQUEST L.S. #72-04, BY EDWARD E. COLE14AN FOR JOHN M. METCALFE: Lot 16 except east 165 feet, Revised Auditor's Subdivision #23, to split off south 5 feet of lot 16. MOTION by Councilman Mittelstadt to concur in approval of the lot split requested by Mr. John Metcalfe subject to the Commission's stipulations. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously, REGULAR COUNCIL MEETING OF AUGUST 7, 1972 PAGE 7 Mr. Richard Elliott, 210 Craigbrook Way, asked if there was any way to stop any more hooking into a system that would dump more water into the creek until something is completed on this project? He said at this point he did not want any more storm water dumped in. The City Engineer explained that this is all just a matter of moving storm water from causing a problem in one place to another place. Before the culvert was put in under East River Road the people east of East River Road were being flooded. The culvert was made lower and larger to take care of their flooding, so the problem was moved from one place to another. It is actually the same water, no more is being added, the water was just being backed up behind East River Road before. To go one step further, the people east of East River Road were in trouble because a larger culvert was put in under University Avenue. As to Mr. Elliott's concern, the work ordered in by the Council for east of East River Road has been completed, so there will not be any more water added. THE VOTE UPON THE MOTION, being a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #94-1972 - A RESOLUTION RECEIVING THE PRELIMINARY REPORT AND CALLING A PUBLIC HEARING ON THE MATTER OF CERTAIN IMPROVEMENTS: STORM SEWER IMPROVE- MENT PROJECT #102, ADDENDUM #2: MOTION by Councilman Mittelstadt to adopt Resolution #94-1972, and set the public hearing date for August 28, 1972. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. Mrs. Martin asked if they could not get at least two hours of work done? She said for instance, there is a very large willow tree that could very well be lost. She said she is just not capable of moving a 300 pound tree. The trees and logs are closing up the creek, so couldn't some funds be freed on the basis that the natural drainage is being closed off? The City Attorney said that there would not be a great problem in using public funds to clear the creek, however, there should be a waiver signed by the property owners before the City enters onto the private property. This waiver should hold the City harmless. Mr. Elliott suggested that the waiver could be worked out for the property owners to sign when Councilman Mittelstadt meets with them. The City Manager suggested that the Council could authorize an expenditure of up to $5000 from the unappropriated reserve portion of the budget to be used for manpower and equipment, contingent upon their signing the waiver. RESOLUTION #95-1972 - A RESOLUTION AUTHORIZING THE CHANGING OF THE BUDGET APPROPRIATIONS WITHIN THE GENERAL FUND: ($5,000 for Stonybrook Creek Work) MOTION by Councilman Mittelstadt to adopt Resolution 495-1972. Seconded by Councilman Utter. The City Engineer said that this would provide for the immediate bank work,as to go through all the legal requirements would require another two months. It was pointed out that if a project is ordered in, this $5,000 would then be charged against the project and would then be replaced into the unappropriated reserve ??:.)rtion of the budget. REGULAR COUNCIL MEETING OF SEPTEMBER 11, 1972 PAGE 22 THE LEARNING TREE CENTER: TEMPORARY USE OF CHURCH REQUESTED MOTION by Councilman Breider to receive the communication from The Learning Tree Center dated August 29, 1972 and concur with their request. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. LETTER FROM MAYOR LIEBL TO MR. & MRS. HERRING: WALKWAY MOTION by Councilman Breider to receive the communication to be sent from Mayor Liebl to Mr. & Mrs. Herring concerning the walkway to the Stevenson School. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. DON A. SCHULTZ: OBJECTION TO SPECIAL ASSESSMENT POLICY MOTION by Councilman Utter to receive the communication from D.A. Schultz dated August 28, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. ED WILMES: THANKING COUNCIL FOR PAST CONSIDERATION AND REQUESTING TO BE ON AGENDA SEPTEMBER 18TH MOTION by Councilman Mittelstadt to receive the communication frob Ed Wilmes. , Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor Lieui declared the motion carried unanimously. ADJOURN: -The Regular Council Meeting of September 11, 1972 was adjourned at 11:00 P.M. Respectfully submitted, Juel A. .Mercer Frank G. Liebl Secretary to the City Council Mayor August 15 , 1972 Hr . D.A. Schultz 15 Rice Creek Way Fridley, Minnesota 55432 RE : Lot Split #72-03 Dear Mr. Schultz : This is to inform you that the City Council of Fridley at their meeting of August 14 , 1972 approved your request for a lot split . 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