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SAV87-11 f. ►� CITY OF FRIDLEY 1 ,�� REZONING REQUEST ZOA 6431 UNIVERSITY AYE � " ;" 4 FRIDLEY, MN 55430 cY�-71 '` "VA �Chr QUEST SAV * .97—// ��—,/ PLATTING REQUEST P.S. # REQUEST FEEfr-56 PARK FEE RECEIPT # �2 4 5q7 SCHEDULED PLANNING OMMMISSION MEETING DATE SCHEDULED CITY COUNCIL MEETING DATE PROPERTY INFORMATIONG� PROPERTY ADDRESS E-780 'vl s6 ✓1 _ _— LE;AL DESCRIPTION: LOT BLOCK TRACT/ADDITION PRESENT ZONING IZ REQUESTED ZONING REASC14 FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. ************************************************************************************ FEE OWNER INFORMATION NAME (please print) PHONE # _ ADDRESS SIGNATURE DATE Note**** Contract**********j�**F****paW.�* Tj*aW*;,W �******* ********A.********* PETITIONER INFORMATION NAME (please print) PHONE # 3-77c' —9r7l ADDRESS rv /41-ila14 SIGNATURE nATE ************************************************************************************ PLANNING COMMISSION : APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 350 feet of said property for rezoning and platting and 200 feet for vacation. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting from the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: * North direction * Location of proposed structure, and front and rear setbacks * Landscaping, if applicable * Street names r .................................................. �hc jnaetu ac `lase t .17It„ fee �..I g ._+ ►...._., 1 th '� . -.4E .................... Lawrence r� Peterwon,... between........................ ........................... ......_.._ ......................................... i Anoka Ml�oou ofthe County of..... .................. ............I............... and State of..........................................................................._ .........., pa•rt..iea..of the first part,and.....City.off.Fridley ......................................................... ......... _......._............................._........................................., t s ian under the laws of the State of........ ...........HUM .......... party of the second part, iBitneg Tk t, he sgid 8arliRti., of_the fir�ty rt, in consideration of the sum of One and No/100 Dol ona o ier vaiuee rete ---------- - --DOLLRRS, ..................................._..........._.4._............................................. ................ ............................................ . . . ...... . to.PaTt3es..of lst Past•in hand paid by the said party of the second part, the receipt whereof is ' hereby aokn•owledged, do............ hereby Grant, Bargain, Quitolaim, and Convey unto the said party of the second part, its suooessors and assigns, Forever,all the tract ..or parcel.....of land lying and being in the County of_............ _.._._.__.....__and State of Minnesota, described as follo:r,�, to-reit: I - i A thirty foot (301) easeraent for Streets and utilities described as follows: All that part of Lot Fourteen (14), Auditor's ,� 41"� s Subdivision No. 92, that lies east of a line drawn parallel to and thirty feet (30') i:.easured at right ankles, west of the east line of said Lot Fourteen (14); lying in section 24, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. I M � i•,3 t�:,�Km.. $A 3jabe anb to jbalb tbt *ame, Tobether with all the hereditaments and appurtenances tTwre- acnto belonging or in anywise appertaining, to the said party of the second part,its successors and assigns, Forever. 3n Megtimoup Obereet, The said part .........of the frst part ha..vg..hereunto set.. .their handG....the day and year first above written. . in presence of (..p........y..�>.... . ..... ) .... ...... .......... 1...... .. 4 ....................... nox 632. PAGE559 — lndividwl to oryorneii n. fjl5 ttbC tUrC Alade t ' 17............... o .... ..rlarch e� L"`"`Paf arl7m "iSlElti"" K b,twean__.Lawrence Lt ark PestCrenn, enokaKLMS ota ofthe County of........................................................... ..... and State of................................._........................................................_, t part ies..of the first part,anf nd.....City ...l ridlsy .......... sA ion under the laws of the State ot..................... . ................................. pard/ of the second part, itileggel� rtias. o the r t rt in consideration °t the sum of c ' on �l - .DOLL.4BS, Mad Diofi_0O.Dollaxa.(gl.00 er va re��v ' rtiea of 1st ... paid by party f part, pt f ' to..W.!........... W!rt.in hand the said o the second the reoet whereof ws �. hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, and Cone;; unto the said party of the second part, its successors and assigns, Forever,all the tract_...or parcel......of land lying and being in the County of Ana1;:1 ... and State of✓linnesota, described as follows. to wit- A thirty foot (301) easement for Streets and Utilities described as follows: All that part of Lot Fourteen (14), Auditor's Subdivision Vo. 92, that lies east of a line drawn parallel to and thirty feet (301) treasured at right angles, Brest of the east line of said Lot Fourteen (14); lyin." in Section 24, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. i st-761 To jbabe anb to 3bolb the bamc, Together with, all the, hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part,its successors and assigns, Forever. 311 Zegtimoup Ubtreof, The said part..........of the first part ha ug...hereunto act.. their Banda....the day and year first above written. - in presence of '......... ......................... . ...... u� ................ .... ............ .� ................................................................................................................... ' r- 6 �O��t 632. PAGE559 _ -------- _ • rA2A GTYOF FR[OLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 •. PHONE(612)571-3450 October 30, 1987 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on the matter of a Vacation, SAV #87-11, by Brickner Builders, Inc. , to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N.E. Anyone who wishes to be heard shall be given the opportunity at the Planning Commission meeting on Wednesday, November 18, 1987 in the Council Chamber of City Hall at 6431 University Avenue N.E. at 7:30 p.m. STEVE BILLINGS CHAIRMAN PLANNING C OMMISS ION 4A CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 December 29, 1987 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on the matter of a Vacation, SAV #87-11, by Brickner Builders, Inc. , to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N.E. Anyone who wishes to be heard shall be given the opportunity at the Planning Commission meeting on Wednesday, January 27, 1988 in the Council Chamber of City Hall at 6431 University Avenue N.E. at 7: 30 p.m. STEVE B1LLIMS CHAIRMAN PLANNItU ODMMISS ION 1. • '*" ark -.*,*"- AV #87-11 3 L7 ""`—A""*-+--w ichard Brickner SEq 4 V HES JG M61 ST y 61t1 a tr.,' +tt s 1I �s� � siif t5 tf reJ/tI7(. tft i.ti \\ a -.n+t +!.:.:-.ri.Y.�': w a=I:+too/' /•dY/�' L/IYJ1Ii .rr. CII�� 6 ^ t,o 'oi: o: A p �� o19 �J•s./si d'� 6 a / ti t Q r J L M . � lopy ' , .y ,I - x �vb o '� �tart w /�•`�� as 7 n O St 2 f �1 > c6Q 5 SOrG•1J � a 1 �✓ ..t a 7"s -e.:7 �� ��• SAA t A i I � 4 03 .Za,. / ^ "' •, R >mL9,q ��04 J .`o,-, ^� ^RA � � \ >a r �k7 � �� � 4�\ ' ��ORI � �'�� . Yr 1 9r. •�J�„ e� lV/ ,,�' rJ l rj ` Iue Pp (\�.f n` ��1� ' ���•ppO" • ..t as- + r 7..:� L�FJ�•••1"IC/�I/ i VE S t Q, (A i VAN CEI b > � �t ; ACOR N/LL; / A D Tl ' N.Jv 9 f ui Q. �/1��� -� /IBOi 2 ..�r 9J�� :.✓. '.•wr,!/,� t a� �� ` • h 2 24 25 261 �1. f` I D/�J ltd Q 1. /. 9�; 1 7 1 �) o , o R N4 i✓r,z/f,' ti � � `.rE9C, '\ O (i3d1/J 191.E 5 «. 1 }.✓•mss i/is�,�} �r,,.n.s a.� _! /��ry�,'jry'1 A`�' •5' f�Y;1r -9tif--- �� R9 �� 'oov !i/o r1P�� /btu 29� 3 ���3 > 42 � 40 4 4I LOCATION MAP P.S. #87-07 Olanning 10/30/87 40 SAV #87-11 Council Heather Oaks Brickner Builders, Inc. MAILING LIST Brickner Builders, Inc. Paul Spencer Dale Engebretson 6230 Highway 65 N.E. #104 6020 McKinley Street N.E. 1643 Gardena Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mahlon Moe Elmars Prieditis Steven Tighe 5955 Benjamin Street N.E. 6031 Benjamin Street N.E. 1651 Gardena Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James Thill Carl Kent Harvey Wager 5961 Benjamin Street N.E. 6021 Benjamin Street N.E. 5940 Stinson Boulevard N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Jeffrey Saarela Lawrence Peterson Darlene Vxhitney 6020 Stinson Boulevard N.E. 5991 Benjamin Street N.E. 5920 Stinson Boulevard N.E. Fridley, MN 55432 Fridley, 12; 55432 Fridley, MN 55432 Thomas Haley Michael Walus Jesse Winters 6030 Stinson Boulevard N.E. 5993 Benjamin Street N.E. 1647 Gardena Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Michael Kubacki James Jordan Harlen Hanscom 6040 Stinson Boulevard N.E. 2669 - 17th Street N.W. 6000 Stinson Boulevard N.E. Fridley, MN 55432 New Brighton, MN 55112 Fridley, MN 55432 Ward Stienstra Sylvester Mitchell Gregory Sharp 6035 McKinley Street N.E. 5980 Stinson Boulevard N.E. 6035 Benjamin Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, kIN 55432 John Benson Michael Ruane Thomas Joseph 6025 McKinley Street N.E. 1601 Gardena Avenue N.E. 6034 McKinley Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Denzil Jackson Ronald Smulik James Roussin 6015 McKinley Street N.E. 5921 Benjamin Street N.E. 5995 Benjamin Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, ASI 55432 Y Y Rolf Dahle Daniel Johnson Robert Gillitzer 5995 McKinley Street N.E. 5941 Benjamin Street N.E. 6011 Benjamin Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert Katz William Costello Clifford Rickhoff 5985 McKinley Street N.E. 1623 Gardena Avenue N.E. 1567 - 60th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Elwyn Kazmierkoski Curtis Strange Sheldon Tarman 5986 McKinley Street N.E. 1633 Gardena Avenue N.E. 1581 - 60th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, PAI 55432 Robert Maslowski Roger Ettel Jeffrey Drummond 5996 McKinley Street N.E. 1641 Gardena Avenue N.E. 1591 - 60th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 • • 2C PAGE 2 Heather Oaks Brickner Builders, Inc. D. Hunt Keith McAmis 6020 Benjamin Street N.E. 1640 Gardena Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Michael Bargy Rodney Johnson 1568 Ferndale Avenue N.E. 1646 Gardena Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Andrew Evans Richard Granger 6040 Benjamin Street N.E. 1660 Gardena Avenue N.E. Fridley, hIN 55432 Fridley, IAN 55432 John Bolich, Jr. City of New Brighton 1580 - 60th Avenue N.E. Planning Department Fridley, MN 55432 803 - 5th Avenue N.W. New Brighton, MN 55112 Alfred Henjum 1590 - 60th Avenue N.E. Fridley, MN 55432 Charles Majeske 1570 - 60th Avenue N.E. Fridley, MN 55432 Brian Berg 1565 Gardena Avenue N.E. Fridley, MN 55432 Thomas Steifern 5950 Benjamin Street N.E. Fridley, MN 55432 Bertha Lillemoen 1583 Gardena Avenue N.E. Fridley, MN 55432 Charles LeBeaux 1624 Gardena Avenue N.E. Fridley, MN 55432 Daniel Harrington 1620 Gardena Avenue N.E. Fridley, MN 55432 Jerald Bailey 1628 Gardena Avenue N.E. Fridley, MN 55432 Merle Liepke 1634 Gardena Avenue N.E. Fridley, MN 55432 CITY OF FRIDGEY VACATION REQUEST NO'T'ICE Date: October 29, 1987 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV #__8_7-11 , to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks generally located at 5280 Stinson Boulevard N.E. Please indicate whether or not you have a problem with this vacation request. The utility company has no problem with this request. Signed company Date r� The utility company does have a problem with this request for the following reasons: lV S• P. /�As D✓dl[t►�,gp �/4ri/�/T/SES' In/ Tis /YQEi9. me A ✓p CA Tical 2 s RICAN TrD NJE K Etv UE s T /VN OAsz AwAl T(a')'ea. ,67'069AI TED ALoN.-'- 7w-r- L I N 65 Siv &Al TN ez D eAl 'TME eEVZ eSE S/RE OF T/s T'HES� ,�ASI`n7�,urs 00& NEEPOR FeR' N91 r�4iRAWCE OF 000 F,9ciLrArs, (30 Signed company Date A } ............... ........................... ! i.■r.w uao u• u..0 o..■.I.o\.o.....0 �� f :i::::......... ...... ra uu�/�c a: 1 .■\■......f.1/• ■.\./...........■...... I •..\III■.. .... ...\.......\......■/.■ + .i .....r..■.\.... ...........\■■\\..■■.. \/r 1.\//■/■/\.b.■. ...........■/.■......1 /i fU../...■.OUO.../. Hi ........... . .. .../..\...■........\...\...1 / Lim { ;r • 3 I e t � i • • S�',KSo,� CITY OF FRIMEY VACATION MUEST NOTICE Date: October 29, 1987 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV # 87-11 , to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill_ _ Addition ^'a to nn th n.. :v'i t}: fly.. Atm..tl�....1- -tom - ..t • a u v• b rl ::�avia vl JCliu 1'il.L�in1Cy Stretl _ to the South line of the Plat of Amber Oaks, generally located at- 5280 Stinson Boulevard N.E. Please indicate whether or not you have a problem with this vacation request. The utility oompany has no problem with this request. Vol' rl��1P a / -2 Signed Company) Date the utility company does have a problem with this request for the following reasons: Signed Company Date if�a7 � � ./ / •rte �' } • iiiiiiiiii••Y.ou.Y..owa.w.00...u..■ \o\.ouu\oouoo■000uo .....■.\.9..\■■\.■\/■■\.........■\\■■■\\\■\ .o"H oo u.u000uo.uo.00000 .....o.00@some 0:....•..■o■....■■.■ + us.ou.o..ouo■..o•■■••.■ou..u.u. x uu■o......u.■to■to\u.o....tototo\tou s ■..■�oto.rc 0000uoo.o o.tw.000.. i.o..o....uu.0000.o.o u.uoo..■ as .4........\n\uo\000\u.....\\.... •: o m :;Z......■.00■oto..ou.ouo... rl •uuo.-cn...o\.0000\.oaoou...... \■.u\.o:■.u.tou■u■otoumm........ .u■ouu■■nu■u\uu■ot000uMN... 9 ■N■0000 0.U\Otq\.■...wR.....o..00 .!■..........■......■.\......IIYT.....\.....� ....L.w..r...rt■\\■\\\.....U...\.\■\...\.■i ouu..n.r■w..ou.00..uu\u\oo\o.� +von..uvo u.n..ouoo..000....00, 1 I , ones&" u..t.. 'r e.oit.0....■0000coo..or t»....r:wages oo.o.o.to uooOo..t.q..HtNoo.00u.00....otoO000Noq.000.i..i.ie. o ■.\.o....\uou. . a o.o\ o1..Has, N\ . 00No .oH \... i.■ il . 00 .Oo. . tows, WO iiii . .. .iipiiM80iiioo ■osu.o■oOu . .oeon E f • P � � f � F f � t e n CITY OF FRIDLEY VACATION REQUEST NOTICE Date: October 29, 1987 Dear Utility Company: ' The City of Fridley currently has a Vacation request, SAV # 87-1 1 , to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill .1Idition and togethei vJltii mile NUrLheLlyeXLenSion oI said McKinley Street ' to the South line of the Plat of Amber Oaks, generals located at 528 Stinson Boulevard N.E. Please indicate whether or not you have a problem with this vacation request. The utility oogmpany has no problem with this request. Signed Company Date The utility oompany does have a problem with this request for the fol owing reasons: we e use �y u � � 1�y �o/es s© nee � �uszh.en-F R,ys�- J Signed Company Date J • • ■/■/u■ru vl/e q■ouru■u/■. � Mus... uu■■..f/u■\^.\..novo....\.. /■■f/■r//■■._.■.■I■.Pi//1■■/.■.. ? /\u/■u/■■o■uu a\i■o■■u u■ a . /u.0/■o■u■■cr\oso■o u■■.. u■s//u■■/w o/u■•■uooa■■. it . or/■.uro/1./■u/■\u■■u■\\w o■f.■■s/u//uuu/oas■■o/u• ■\u o■u■u 1/■w/■u/u/uu.■\ ou■u/////u.uf/u./■■o■u.■ � � .\■.r/as u■q\■u.as.uo■u..■■ ,.1` f � /■1\///./f/f./11111/1■/■f/\■•111 "t i ..y� S IrCOMMOSION APPLICATIOIftEVIEW Department Number Fite Date Meeting Date CITYOF Planning 85 10/14/87 11/18/87 FPJDLEY File Address/Description SAV #87-11 COMPLETE REVIEW CHECKLIST Brickner Builders, vacate McKinley Street 5980 Stinson Boulevard N.E. RETURN TO PLANNING [✓� KATHY COMMENTS JOHN EL QCLYDE 01�C•g7-,0,V /v 1� ns 4061-'k LaRK aS El EON D �lti 7� a if -c" da/'S . .S . M11 M . __ 4D toj ( 1 1 -- - l` \ � � . . ��':�':. sem'-=-•�1.•��.: . . . 170 \ �� -/� �.J� �•:::::;::�:: � // �`jam —�' �� Ll lu CARD ' iful1 ,81ra oh 6wn apt. VE. _c. tr<. , 1}. ! Gl,e'S-tl�►�e •��.�.���•t�.;�`'_�i�i �� 2 a� ��...�Ty=l..:: ;..��:�• 11"�A, '�•ti •� .+ .p mar ' ti ri !'�.:'Jvs- �G' ..��___��•.L'��-•'.:.t N HEATHER OAKS PLAT--15 NEW LOT OPTION 4Z _77 Fl 0 -� i \ \ Tf7 GA IPl�EN.� T iFult IZ4TIor1 Lonce A ver. ,e N HEATHER OAKS PLAT--15 NEW LOT OPTION PLANNING COMMISSION MEETING, NOVEMBER 18, 1987 PAGE 9 3. CONSIDERATION OF A VACATION, SAV #87-11, BY BRICKNER BUILDERS, INC. : To vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the Sotu line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N.E. Tabled until Dec. 2, 1987, Planning Commission meeting. 4. CONSIDERATION OF A LOT SPLIT, L.S. 487-09, BY TERRANCE MICKLEY: To split off the northeasterly 6.89 feet of Lot 6, Block 1 , Rice Creel Plaza South Addition. Said 6.89 feet to remain with Lot 5, Block 1,41 Rice Creek Plaza South Addition. The remainder of said Lot 6 to Y6 combined to create one buildable lot, the same being 241 Rice C 1-ek Terr. NE. Mr. Robinson stated the lot split involved a portion of vacany property located north of Rice Creek Terrace, south of Rice Creek, west of Highway 47. The proposal was to split what was the platt Lot 6 of the Rice Creek Plaza South Addition which, subsequent to the at, was split down the middle and approximately each half was combi71with the adjacent lots. The lots were quite large, and there was a hous on Lot 5 and a house on Lot 7. /. r Mr. Robinson stated the petitioner who lives on Lov 7 has sold his house and wishes to build on Lot 6, so he was asking to/recombine that lot. Inasmuch as the house on Lot 5 had been built w' 'n 5 ft. of the lot line, it was necessary to split off 5 ft. of Lot 6 ich was the northeasterly 6.89 ft. of Lot 6 in order to have a 10 ft. tback to meet code. A certi- ficate of survey had been submitted. /r Mr. Robinson stated the new lot would be re than ample in size, 12,000 sq. ft. in area. Staff did not see anyprcblem with the split. The house to the west was set back 4.9 ft. and 1/10 of a foot short of meeting code, and the City Council could r 'ze that with the lot split. Mr. Robinson stated Staff was re nding the following stipulations: 1. A park fee of $750 to be id prior to building permit for new lot. 2. Petitioner to provide -built storm sewer legal descriptions and agrees to provide s equent easement for same. Mr. Gerald Sadowski, 0 Rice Creek Blvd., stated he lived directly across the Creek from Mr. ckley's property. 14ien he bought his property last year, it had ap ed there was adequate room for this type of development. The lack of a s cture at that location has a major aesthetic impact on the piece o property which he purchased. Before he bought the property, he looked at . Mickley's property, observed the drainage, looked at the plat map, d was satisfied he had picked a site that would seem difficult to put anything that would have an impact on his property. He did feel this construction would have a major aesthetic impact on his property. He ought the drainage barrier presented a severe barrier to any developer of e property. PLANNING COWISSION I.1EEI'ING, NOVEMBER 18, 1987 PAGE 1 , Mr. Mickley stated he lived on Lot 7 directly behind Mr. Sadowski. He stated that Lot 7 and the proposed Lot 6 have steep drop-offs in e back part of the lot. Neither of the lots lend themselves to any 1 dscaping theme, and so he has left that property pretty much wild. He eally had no intention of doing anything different, although Mr. Sadow i really had no protection against that. MOTION by Mr. Saba, seconded by Mr. Svanda, to recommend City Council approval of Lot Split, L.S. #87-09, by Terrance Mickley to split off the northeasterly 6.89 feet of Lot 6, Block 1 , Rice Creek aza South Addition. Said 6.89 feet to remain with Lot 5, Block 1 , Rice Cr ek Plaza South Add. The remainder of said Lot 6 to be combined to creat one buildable lot, the same being'214 Rice Creek Terrace N.E. , with t e foll_Fwino stipulations: 1. A park fee of $750 to be paid prior t building permit for new lot. i 2. Petitioner to provide as-built st sewer legal descrip- tions and agrees to provide subs ent easement for same. UPON A VOICE VOTE, ALL VOTING AYE, ERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated because it was ecessary for Mr. Mickley to move quickly in order to start constru tion this fall, this would go to the City Council on Nov. 23 before e'minutes were approved at the next Planning Commission meeting. 5. CONSIDERATION OF A LOT SPLIT S. #87-10, BY VERNON BOLLESEN: To split off that part of 6, Block 3, Rice Creek Plaza South Addition, lying southweste of a line drawn parallel with and 5 feet northeasterly of, as meas ed at right angles to, the Trost southwesterly line of said Lot 6, the being 250 Rice Creek Terrace N.E. Mr. Robinson stated th reason for the lot split application was because the swiim-ing pool o aps the lot line,so the neighbor on Lot 6 has agreed to sell 5 ft. o the petitioner in order to clean up this situation. The survey present by Suburban Engineering indicated exactly that. Originally, they re both 95 ft. lots. With the subdivision, Lot 6 will be reduced t 90 ft.; however, it would still be 10,800 sq. ft. after the split, far in excess of what the code requires. Staff has no problem with lot split and recommended approval. MOTION by Mr Saba, seconded by Mr. Barna, to recorm)end to City Council approval o Lot Split, L.S. #87-10, by Vernon Bollesen, to split off that part of 6, Block 3, Rice Creek Plaza South Addition, lying south- westerly of a line drawn parallel with and 5 feet northeasterly of, as meas at right angles to, the most southwesterly line of said Lot 6, the s being 250 Rice Creek Terrace N.E. A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DDCLARED THE ION CARRIED UNANIMO(JSLY. PIANIaNG COMMISSION MEETIWa. FEBRUARY 10, 1988 t Mr. Betzold asked Mr. Brickner if he would agree to the stipulations now that Mr. Ettel had accepted his offer. Mr. Brickner stated he would have no problem with the stipulations as long as he could put in the road and utilities. Mr. Robinson stated staff would have no problem wi Mr. Brickner doing the road and utilities as long as it was ali under on ownership. He stated stipulation #1 could be deleted. However, e would like to add a stipulation related to the construction of the w garage and the driveway to the Ettel house. They might have to requir a letter of credit or bond to ensure that the garage is built before the of is sold. Mr. Barna stated he wanted to again express is concern about the possible future requests for variances and if they uld try to make sure that the lots are not so shallow after setbacks an that the houses are not set on the lot in such a way as to precipitate equirenents for variances sometime in the future with additional develops on the lots. Mr. Robinson stated that at the last meeting, . the developer did feel he could tuild houses on the lots witho variances. The lot areas do meet code. Mr. Barna stated he just wanted st t to doublecheck on the placement cf the north/south placement of the str t that it was not so far west or east as to cause the situation where the cul-de-sac could cause future requirements for variances for decks, swimm' g pools, etc. Mr. Robertson stated staff co d certainly do that, but these are unique lots created essentially to lve a problem and meet some community needs. Because the lots are unique, even though they would try to ensure they are as well designed as possib , their uniqueness would essentially not create a problem in a future har hip finding. Mr. Campbell stated Mr. tel had no problem with the compliance on the removal of the garag However, it would facilitate the sale of the property if they h some leeway in terms of when that has to be constructed, in term of being able to work with the future buyer of the house, and whether not they are allowed to build a one-car or two-car garage, because it ould help to sell the house. Mr. Betzold sugge ed Mr. Ettel work with staff before the City Council meeting. MOTIF by Mr. ndrick, seconded by Mr. Barna, to close the public hearing. UPON A VOI VOTE, .ALL VOTING AYE, aiAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CL ED AT 8:40 P.M. MCTIMs. Sherek, seconded by Mr. Barna, to recommend to City Council approv of Preliminary Plat, P. S. #87-07, Heather Oaks, by Brickner Buil s, Inc. #, being a replat of Lot 16, except the East 33 feet, Auditor's -11- 9 0 - 3A PL.A1W G QQ M MISSION MEETING, FEBRUARY 10, 1988 i Subdivision No. 92, and Outlot A, Acorn Hills Addition, and that part of Lot 14, Auditor 's Subdivision No. 92, which lies East of the-West 165 feet thereof, and Lot 25, Auditor's Subdivision No. 92, except,the southerly 150 feet including a right- of-way, and all that part og Lot 24, Auditor 's Subdivision No. 92, except the south 150 feet of t 'east 80 feet of said Lot 24, including a right-of-way, all gene rall ocated at 5980 Stinson Boulevard N. E. with the following stipulations. 1. Developer to submit a preliminary t with dimensions, iot area calculations and easements prlior to Council public hearing. 2. Developer to submit a storm1�rainage plan prior to Council public hearing. 3. Plat to be designed so to provide for a full cul-de-sac with the addition of e Ettel property. 4. Storm sewer assessor s to be paid prior to plat approval. 5. Park fees of $1,50 per each new dwelling to be paid with each new building permit. 6. The Ettel pro rty to have a new garage with a driveway connecting the new cul-de-sac, .both to be constructed prior to e transfer of the ownership of the old Ettel house cel. A letter of credit in the amount of $5,000 to be utmitted to the City of Fridley prior to the transfer to ver said improvements. UPON A ICE VOI'E, ALL VOTING AYE, CHAIl�PERSCN BETZCLD DECLARED THE MOTION C�,RR UNANINDUSLY. 4. CONSIDERATION OF A VACATION, SAV #87-11, BY BRICKNER BUILDERS, INC. : (`tabled 11/18/87) To vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the south line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. MOTION by Ms. Sherek, seconded by Mr. Nielsen, to remove this item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZCLD DECLARED THE MOTION CARRIED UNANIM)USLY. MOTI by Mr. Barna, seconded by Mr. Saba, to recommend to City Council approval of Vacation, SAV #87-11, to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. , with the stipulation that the vacation be contingent upon the final approval of the complete 17 lot pi at. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZCLD DECLARED THE MOTION CARRIED UNANIPDUSLY. Mr. Robinson stated the City Council would set a public hearing date at -12- . • 3B PLANNING COMMISSION MEETING, FEBRUARY 10, 1988 their February 22nd meeting for March 7, at which time both the vacation and the plat would be heard by the City Council. Mr. Betzold thanked all the parties involved for working hard and making this project happen. He stated this was going to be a very nice addition to the City of Fridley. 5. RECEIVE jANuARY 7. 1988. HUMAN RESOURCES COMMISSION MINUTES: MOTI by Ms. Sherek, seconded by Mr. Saba, to receive the Jan. 7 1988, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZCLD DECLARED , HE MOTION CARRIED UNANINDUSLY. 6. MOTIby Mr. Nielsen, seconded by Mr. Kondrick, to re ive the Jan. 19, 1988, Environmental Quality Con�nission minutes. UPON A VOICE VOTE, .ALL VOTIW. AYE, OHAIRPERSCN BETZ DECLARED THE MOTION CARRIED UNANIMDUSLY. 7. RECEIVE jANUARy 26, 1988, APPEALS COMMISSION �Q� by Mr. Barna, seconded by Mr. Kondrick, to receive the Jan. 26, 1988, Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, ON BETZCLD DECLARED THE MOTION CARRIED UNANIMWSLY. 8- OTHER BUSINESS• a. CDBG Proposal Mr. Robinson stated last ye the City Council approved a three year plan. The 1987 plan was w 1 under way. At this time, there were some changes to the 1988 pl , primarily based on the fact that the allocation was reduced $104,658. Sane good news was that the portion that was allocated by e City to the Anoka County Assessment Network was picked up by the unty in a revenue sharing program. Mr. Robinson state that utilizing the $104,658, they have increased the share to Rivervi Heights because they have found that the purchase and relocaton costs re somewhat higher than anticipated. Human Services at 15% was $15, 9. That left a balance of $22,000 for Commercial Rehab/Bligh Property Acquisition Redevelopment. Mr. Robi on stated that the map on the second page of the hand-out showed a progress so far in the Riverview Heights acquisition project. Mr. bertson stated Mr. Bill Hunt had called to their attention that -13- PLANNING CQMMISSION MEETING. 10. 1988 i this proposed allocaton to reflect the cut by HU)D'did cut the Human Services allocation by $900. If staff was successful in getting a DNR grant, they will see if they can juggle that somehow with the property acquisition and restore the allocation to an Resources as much as possible. Right now they are dealing w ' the 15% limit for Human Resources. f i MQ.rI by Mr. Kondrick, seconded r. Barna, to accept the' 1988 CDBG proposal and pass it on to City uracil. UPON A VOICE VOTE, ALL VOT AYE, CHAIRPERSON BETZCLD DECLARED THE MOTION CARRIED UNANINMSL . ADJOURN'1ENr BION by Mr. Saba, nded by Mr. Barna, to adjourn the meeting. Upon a voice vote, all vot' g aye, Chairperson Betzold declared the motion carried unanimously, an the February 10, 1988, Planning Commission meeting adjourned at 8: pm. Respectfully submitted, L Saba rding Secretary -14- City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council fht of City Hall at6431Un University Avenue Northeast on Monday March 7,1988 in the Council Chamber at 7:30 p.m- for the Purpose of: Consideration of a Vacation, SAV o87-11, to vacate that par McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly exten- sion of said McKinley Street to the South Plat Oaks, lgenerally ine of elocated f at 5980 StinsonBoulevasdN.E.siring to be Any and all pe rtto b heard shall be given an 0ppo y at the WILLIAM ILLI MvJ.NEE tated time an place: MAYOR Any questions related to this item may bereferred to the Fridley Community Development Depart- ment,571-3450. (Published in the Fridley Focus February 24&March 2,1988) i 3 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, March 7, 1988 in the Council Chamber at 7: 30 p. m. for the purpose of: Consideration of a Vacation, SAV #87-11, to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: February 24, 1988 March 2, 1988 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. • i FRIILEY QTY CDUNCIL MEETIlW3 OF MARCH 7, 1988 SUBDIVISON NO 92, EXCEPT THE SOUTHERLY 150 FEET INCLUDING A RIGHT OF WAY. AND ALL THAT PART OF LOT 24 , AUDITOR' S SUBDIVISION NO 92, EXCEPT THE SOUTH 150 FEET OF THE EAST 80 FEET OF SAID IAT 24, INCLUDING A RIGHT OF WAY, ALL GENERALLY LOCATED AT 5980 STINSON BOULEVARD NE. , BY BRICMR BUILDERS• MDTION by Councilman Billings to waive the reading of thgr/public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared tb`e motion carried unanimously and the public hearing opened at 9:31 Mur. Robertson, Community Develognent Director, stated the only outstanding issue for the plat is the drainage plan. He requested this public hearing be continued to Nardi 28, 1988 in order to allow time for review of the dr ai na ge pl an. Mayor Nee asked if there was anyone present who wished to comment on this plat, but there was no response. Cbuncilman Schneider stated he warted to compliment staff, the Planning Commission, and all the persons involved for coming to an understanding in order for this plat to proceed Councilman Billings stated,'when this plat was before the Planning Commission, there was mention of an underground pipe that comes out at Stinson and he wanted to masure it is addressed in the drainage plan. Councilman Billings further stated the Ettel property currently has a driveway and sewer and water easement over the property to Gardena. He stated he assumes these will remain the same, but from the standpoint of platting, does something have to be cone regarding the easement for the new plat. Mr. Qureshi, Cite Nanager, stated the easement would still continue on the property and w,6ter and sewer provided from Gardena. He stated it is a private easement and not a City easement. Mir. Herrick', City Attorney, stated he hasn't seen the easement, but would review it if the Council desires. He stated simply because the property is platted; it wouldn't destroy the validity of the easement. NOT 'N by Councilman Schneider to continue this public hearing to march 28, 19 8. Seconded by Cbuncilwdman Jorgenson. Upon a voice vote, all voting e, Yayor Nee declared the motion carried unanimously. 3. MNSIDERATION OF A VACATION, SAV #87-11, TO VACATE THAT PART OF MCKINLEY STREET AS DEDICATED IN THE PLAT OF ACORN HILLS ADDITIONS TOGETHER WITH THE NORTHERLY EXTENSION OF SAID MCKINLEY STREET TO THESOUTH LINE OF THE PLAT OF AMBER OAKS, GENERLLY LOCATED AT 5980 STINSON BOULEVARD N.E. , BY BRICKNER 13UILDERS• MDTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried -9- FRIDLEY CITY QDUNCIL MEETING OF MARCH 1. 1988 unanimously and the public hearing opened at 9:38 pm. Mr. Vern Cbstello, 1623 Gardena Avenue, stated at the Planning Commission meeting, it was requested this vacation of McKinley be contingent upon approval of the plat for Heather Oaks. (buncilman Billings stated the vacation would be contingent upon approval of the plat and action would not be taken on this item until after the public hearing on the plat which was continued to March 28, 1988. No other persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:40 p.m. 4. SEW OF PROFOSA.L FOR ALLOCATION OF 1988 COMMUNITY DEVELOPMENT' BLOCK GRANT FUNDS (TABLED 2/22/88) : Mr. Hunt, Assistant to the City Manager, stated the revised proposal, Option B, for the use of 1988 Cbmimunity Development Block Grant Funds covers the period frau July, 1988 through Deciember 31, 1989. He stated the allocations are as follows: $66,959 for the Riverview Heights Project for purchase and relocation of Parcel 6; $31,397 for Human Services; and $6 ,302 for Commercial Rehabilitation for redevelopment of obsolete commercial buildings and/or acquisiton of blighted property for redevelopment. He stated the total of these three projects is $104,658. Mr. Hunt stated the other three parcels in the Riverview Heights project are in the process of being acquired with CMG funds from last year. He also stated that 30% of the funds were allocated for human services and if the County exceeds their limit of 15% , then this figure would have to be revised MOTION by Councilman Fitzpatrick to approve Option B, revised 1988 proposals, for the use of 1988 (batmunity Development Block Grant Funds to be allocated as follows: $66,959 for the Riverview Heights project; $31,397 for Human Services; and $6,302 for Commercial Rehabilitation for a total of $104,658. Seconded by Cbuncilman Schneider. Upon a voice vote, Councilman Fitztztrick, Councilman Schneider, Mayor Nee and Councilman Billings voted in favor of the motion. (buncilwoman Jorgenson atstained from voting on the motion. Mayor Nee' declared the motion carried ty a 4 to 1 vote. 5. CbNSIDERATION`OF APPOINTMENTS TO THE CABLE TELEVISION COMMISSION: MOTION by.' Councilman Schneider to table this item to March 28, 1988. Seconded-'by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Nayor0jly e declared the motion carried unanimously. A S NESS• -10- kLMEy QTy 00MCM MEETING OF MARCH 28, 1988 Councilman Schneider stated he cond be willing to sideration the the mass enes�s of the wholeant a cstructure e to 180 square feet taking into con which the ordinance doesn't address. uncilman Schneider to grant Variance, VAR #87-41, per Sec ion NOTION by Co pylon sign from 80 uare 214.11.2.B to increase the square footage of a feet to 180 square feet, with the following stipulations: (2) the new reserves the right to approve the final design of the plan; center's pylon sign will have design consistency with the remod ed sign; and (3) the new center' s sign will not be considered for Councilman Seconded by Councilwoman Jorgenson. Upon a voice vote, Schneider, Councilwoman Jorgenson, Councilman Fitzpatrick and Mayor Nee voted in favor of the motion. carried a 4lto Billings ted a nst the motion. Mayor Nee declared the Councilman Schneider stated if staff and the developer cane up with some other proposal, he would be willing to consider it. N1r. Applebaum stated the sign is very contemp ary trying to make a statement about the development and redevelopmen of the area. He stated when it is the only sign and is located on 800 eet of frontage along the highway, he didn't believe they are out of li requesting the 224 square feet. He stated he felt the 180 square fee wouldn' t work as they would have to eliminate two tenants. Councilman Billings stated he only wished his predecessorache tase any ken a similar stand in regard to the Mall sign as they don't of the tenants. OpN;SIDEf2ATIO I OF APPOINIT WS TO CABLE TELEVISION CDMNaSSION: ert Scott or Councilman Fitzpatrick stated Ott is Chairman wuld lke tofnthenate Speech�Departmentf at appointment. He stated Mr the University of Minneso . MOTION by Councilman F' zpatrick to nominate Robert Scott, 7 190 Riverview Terrace, for appoin t to the Cable Television Commission for thaevtte e expiring April 1, 1 1. Seconded by Councilman Billings. Up vote, all voting e, Mayor Nee declared the motion carried unanimously. NDTION by Cc ilman Billings to reappoint Barbara Hughes to the Cable Nee Television 'ssicn for the term expiring April 1, 1991-aye, Mayo by Councilma Fitzpatrick. Upon aoce vote, all voting ay declared e motion carried unanimously. nt q�un Schneider stated ere incumas bents hadrapplicant indicated their willingness c tial s, however, sev reappointed for which the Council has given consideration. NEW BUSINESS: $. QONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV -14 FRIDLE'Y CITY i fc FRI= CITY COUNCIL MMTING OF NARCH 28, 1988 A. RESOLUTION NO. 26-1988 APPROVING A SUBDIVISION, LOT SPLIT, L.S. #88-01, TO SPLIT LOTS 5 AND 6, LUCIA LANE ADDITION, IN ORDER TO CREATE THREE BUILDABLE LOTS, GMERLLY LOCATED AT 1133 - 1145 MISSISSIPPI STREET N.E. : Mr. Campbell, representing the petitioner, Nk-. Johnson, asked out any lane widening or median on Mississippi Street as this m be a price consideration on one lot. Mr. Flora, Public Works Director, stated the plan for ssissippi Street calls for left turn lanes from Mississippi onto ighway 65 and the construction of a median almost to Lucia Lane. Councilman Billings asked about the west half of of 4 as he noticed past proposals included this west half. Mx. Campbell tated he understands that is no longer part of Mr. Johnson's property an isn't awned by him. MOTION by Councilman Schneider to grant lot split, L. S. #88-01, with the following stipulations: (1) owner to s ply a 15 foot bikeway/walkway easement on Mississippi Street from Lucia e to Highway 65; (2) a park fee of $750 each for Tract A and B be pa'd prior to issuance to building permits; (3) driveway on Tract B to ac ess Lucia Lane only; (4) driveway on balance of Lot 6 to be as far east as possible; and (5) owner is responsible to notify prospective buyer of poss' le median on Mississippi Street which could preclude easterly movement f Lot 6 and 7. Seconded by Councilwoman Jorgenson. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF THE PRO COMPR=SIVE 4&,.5•I'E REDUCTION AND RECYCLING ACT; THAT THE OM COUNCIL PASS A RESOLUTION IN SUPPORT OF THE COMPREHENSIVE WM REDUCTION AND RECYCLING ACT; AND FORWARD THE RESOLUTION TO THE SOTA POLLUTION CONTROL AGENCY, WAASL'E MANAGEMENT BOARD, ME,%OPOLITAN COUNCIL, ANOKA COUNTY, AND STATE LEGISLATORS REPRE LNG THE CITY OF FRIDLEY: Mr. Robertson, Crnm ty Development Director, stated the Waste Reduction and Recycling Act 19 8 was an attempt to address the lag in development of waste reduction nd recycling programs behind the development of waste-to-eneregy inerators. He stated as originally proposed, the Act included several rovisions and prohibitions which its authors believed would increase ste reduction and recycling in Minnesota. Mr. Robertson stated sub t to the Environmental Quality Ccau fission recommending that the Council rt this legislation, all the key provisions were deleted in ccMittee ir_gs. Mr. Reber son stated the Council may support the legislation as originally propo support the current draft of the bill with the deletions, support the le slation with deletion of items that are of concern to the City, or suppo the legislation with an amendment to delete the recycling deposit on unre ' lable beverage containers as it would reduce the funds received from the County by the City and create instability in the curbside program. -16- w • FRI= CITY COUNCIL MEETING OF APRIL 4, 1988 Yx. Qureshi stated this situation is sanewhat unique in that New Brighton' s system is accepting this drainage and usually drainage is all contained within the City' s system. He stated if the Council wished to dedicate funds, it provides an additional safety factor. Mr. Qureshi also noted the City is obtaining a much larger drainage easement than what ' s normally dedicated in other plats. Mr. Brickner stated he is surprised to learn of the $800 r lot fee for storm sewer. He stated he knows this was the cost in the rris Lake area, but this water will drain to the New Brighton system. Mr. Flora stated he didn't know why this wasn't explai d to Mr. Brickner. He stated the whole area has been identified as a sto sewer area and would be similar to Mr. Brickner's other developments, idge Park and Heather Hills. Mr. Herrick, City Attorney, stated Mr. Flora wa correct and the $800 per lot for storm sewer has been in effect for at st 15 years for that area. He stated this is City policy and holds true or the Harris Lake area and other developments by Mr. Brickner. Nr. Brickner asked when the storm sewer sment had to be paid and if it could be paid when the building permit i issued. He stated the confusion about this storm sewer fee might have se because the storm water drains into the New Brighton system and not idley's system. He stated no water is draining into the City's system wondered if the $800 per lot pertains in this case. Mr. Qureshi stated this is a pol' adopted by the City, but this fee could be paid at the time the buil ng permit is issued, if the Council so desires. Councilman Schneider stated does not have a problem with this storm sewer fee being paid at the time the building permit is issued. Mayor Nee asked who pr red the drainage plans. Mr. Flora stated Mr. Brickner's consulting gineer, Mr. Dennis Brown. Mayor Nee asked if 's engineer guarantees the drainage plan will function as proposed. He s ted if there is a concern with the design, the engineer who designed thi plan should take responsibility for it. Ix. Brickner s ated he certainly does guarantee it. He stated he would not sell hones then have them flooded. M7I'ION by uncilman Schneider to close the public hearing. Seconded by Council Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee decl the motion carried unanimously and the public hearing closed at 10:20 .m. It s noted that the stipulations recannended by the Planning Commission r sutmission of a preliminary plat with dimensions, lot area calculations, -13- I w O CF APRIL 4 1988 • FRIDL�E.'Y ITY QJ[JN� N�PING and easements and the submission of a storm drainage plan have been complied with by the developer. NOTION by Councilman Schneider to adopt Resolution No. 31-19 Approving Final Plat of Heather Oaks, P.S. #87-07, with the followin stipulations: (1) developer to submit a preliminary plat with dimen ions, lot area calculations and easement prior to Council public hearing (completed) ; (2) developer to submit a storm drainage plan prior to Council public hearing (campleted) . Drainage construction details to be approved by staff prior to City' s executing plat; (3) plat to be designed so a8 to provide for a full cul-de-sac with the addition of the Ettel property; (4) storm sewer fee in the amount of $12,800 ($800 per lot) to be paid prior to execution of plat by City; (5) park fees of $1,500 per each newelling to be paid with new building permit; (6) the Ettel property to pave a new double garage with a driveway connecting to the new cul-de-sac, garage to be constructed prior to the transfer of the ownership of the Et house parcel, new driveway and turf restoration of old driveway upon impletion of cul-de-sac. A letter of credit in the amount of $5,000 (to c er outstanding improvements at time of signing plat) to be submitted to City prior to the City executing plat; (7) Brickner Builders to furnish. letter of credit in the mount of $98,620 (City estimate of construction st) to cover installation of street and utility improvements in the ent of development default; (8) an inspection fee of five (5%) of estimat construction cost (.05 x $98,620 = $4,931) to be paid to City prior to ecution of plat by City, to cover street and utility inspection se ices; and (9) the City Council recognizes and approves the variance or lot width of 65 feet for the Ettel house parcel. Seconded by Co-unci Fitzpatrick. NOTION by Councilr6an Schneider to amend Stipulation No. 4 as follows: storm sewer fee in thr amount of $12,800 ($800 per lot) to be paid by developer as building pe 'ts are issued. These funds shall be dedicated to December 31, 1993 to res ve any potential future problems with this drainage system, as construct . Seconded by Councilman Fitzpatrick. Upon a voice vote, Counci Schneider, Councilman Fitzpatrick and Councilwoman Jorgenson voted in favor of the motion. Mayor Nee and Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. UF01\1 A VOICE VOTE TAM ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. OLD BUSINESS: 3. ORDINANCE NO. 902 APPROVING A VACATION, SAV #87-11, TO VACATE THAT PART OF MCKINLEY STREET AS DEDICATED IN THE PLAT OF ACORN HILLS ADDITION, TOGETHER WITH THE NORTHERLY EXTENSION OF SAID MCKINLEY STREET TO THE SOUTH LINE OF THE PLAT OF AMBER OAKS, GENERALLY LOCATED AT 5980 SI'INSON BOULEVARD N.E., BY BRICKNER BUILDERS: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 902 on the second reading and order publication, with the following stipulation: this vacation is contingent upon final approval of the 17 lot Heather Oaks Flat (revised plat includes 16 lots plus balance of -14- FRIDLEY CITY CX7UNCIL MEETIlUG OF APRIL 4, 1988 Costello house parcel equals 17) . Seconded by Councilwcanan Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING, ZOA #87-01, TO REZONE FROM R-3, GENERAL MULTIPLE, TO C-2, GENERAL BUSINESS, ON LOTS 23 AND 24 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, THE SAME BEII\U 6501 EAST RIVER ROAD N.E., BY CHRI STENSEN AUTO: Mr. Robertson, Ca munity Development Director, stated there s been some concern regarding the amount of easement provided for the 1 dscaping or, the corner. He stated the Planning Ccnmission originally rec ended 25 feet and when the landscaping was completed, staff recommen d this should be increased to 35 feet. i Mr. Christensen, the petitioner, stated the request ,for a 35 foot easement for landscaping was brought to his attention to y. He stated he has a concern regarding his sign placement as it abuts e triangle. Mr. Herrick, City Attorney, stated he d' n' t believe the sign was incompatible with the landscaping easeme t and that it shouldn' t be a problem. MOTION by Councilman Fitzpatrick to aive the reading and approve the ordinance upon first reading with he following stipulations : (1) petitioner to submit a storm drainer plan for staff approval with Council approval contingent upon staff and;'Izice Creek Watershed District approval of plan; (2) petitioner to submit a/landscape plan which is consistent with existing landscape elements. l landscaping to have automatic sprinkling; (3) building facade to b/ex' .stent with design and materials of existing structure. Fast side ofng and proposed building to be painted to match stucco; (4) Lots 2ugh 29 to be combined into one tax parcel prior to building permi new fencing on easterly lot line to have finished side toward re idences; existing fencing to have new boards added to residence side; (6) petitioner to supply a sever, foot easement all along Fast River F.oad far e purposes of snow storage and signage placement prior to publication of oning ordinance; (7) petitioner to supply a 35 foot triangular easene at the corner of Mississippi Street and East River Road for public land aping and/or other urban design improvements prior to publication of coring ardinance; and (8) provide appropriate access and parking ea is to accommodate cemetery visitors. Seconded by Councilman Schneider. n a voice vote, all voting aye, Yayor Nee declared the motion carried imously. 5. CONSIDE TION OF A VARIANCE, VAR #87-05, TO REDUCE THE SETBACK FROM A RESID IAL DISTRICT BOUNDARY LINE FROM 50 FEET TO 11 FEET TO ALLOW AN EXISTIM BUILDING, ALONG WITH ITS EXPANSION, TO COMPLY WITH CODE; TO REDUCE THE GREENING STRIP BETWEEN AN R-1, SINGLE FAMILY AND AN R-3, GENERAL NUL PLE DISTRICT FROM 15 FEET TO 0 FEET; TO REDUCE THE SCREENING STRIP - B AN R-1, SINGLE FAMILY AND A C-2, GII=,AL BUSINESS DISTRICT FROM 15 TO 0 FEET, THE SAME BEING 6501 EAST RIVER ROAD N.E. , BY CHRISTENSEN -15- FRIDLEY C= COLT= NEETING OF APRIL 4, 1988 • Mr. Robertson, Ccnmunity Development Director, stated these three variances are requested for the property at 6501 East River Road, Christensen Auto Body. He stated the variances are to reduce the setback frc�K a residential district boundary line frau 50 to 11 feet; to reduce the screening strip between an R-1 and R-3 district from 15 to 0 feet; a4d to reduce the screening strip between an R-1 and C-2 district from,'15 to 0 feet. He stated the hardship cited was the narrowness o the lot makes it economically unfeasible to develop lots with setbacks, and the existing building is presently set back 11 feet frau the prorIty line. Mr. Robertson stated the Appeals Canrdssion review,6d this variance request on March 3, 1987 and recommended approval ofthe variances. M71'ION by Councilman Fitzpatrick to dant the variances, VAR #87-05, for Christensen Auto Body, 6501 East River Ro8Ld. Seconded by Councilman Schneider. Upon a voice vote, all voting a e, Ya voting Nee declared the motion carried unanimously. 6. CONSIDERATION OF A SPECIAL USE PERMIT, S #87-03, TO ALLOW A REPAIR GARAGE ON LOTS 23 AND 24 TOGE'PHER WITH HALF VACATED ALLEY, BLOCK 6 , FRIDLEY PARK; TO ALLCD%' EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, ;'BLOCK 6, FRIDLEY PARK; TO ALLOW AN A=UBILE PARKING Lr ON LOTS 25 THROUGH 28 TOGETHER WITH HALF VACATED ALLEY, BLOCK 6, FRIDLEY PARK, EXCEPT THAT PART OF LOT 28, BLOCK 6 , FRIDLEY PARK, THE SAME BEING 6501 EAST RIVER ROAD AND 6509 EAST RIVER ROAD, BY CHRISTE = AUTO: Mr. Robertson, Community Development Director, stated this special use permit involves allowing a repair garage, with exterior storage of materials and equipment, and alZPlantnning automobile parking lot on residential land adjacent to the princHe stated the special use permit involves Lots 23 through 28, bt 29 which is used for a cemetery. Mr. Robertson stated CcRmission at their March 11, 1987 meeting recanmended approval of this special use permit with 11 stipulations as shown on Page 6F of the agenda. M)TION by Council* Fitzpatrick to grant special use permit, SP #87-03, with the followin stipulations: (1) special use for repair garage is issued for repai and refurbishing of automobiles within the existing and proposed struct e only. No outside work, other than moving of vehicles, is allowed outsi of the building on Lots 21-29; (2) petitioner to install two new down draf filter systems to minimize odors from painting operations; (3) hours of operation limited to 7:00 a.m. to 10:00 pm. subject to review by Pa.ann.i.ng C Tani ssi.on should there be neighborhood ccuplaints; (4) special use permit for repair garage is subject to approval of rezoning to C-2, General iness, on Lots 23 and 24; (5) special use for outside storage is issued f storage associated with the principal use on Lots 21 through 24 only fo present and subsequent owners; (6) storage yard shall be fully screen#d with a solid eight foot high cedar screening fence with opaque gatesf Northerly most gate to be closed when not moving vehicles; (7) cars which' are leaking fluids will be drained prior to storage; (8) special use / -16- 3A BRICK BUILDERS SAV #87-11 STIPULATIONS 1. Final approval of vacation contingent upon f inal approval of 17 lot Heather Oaks Plat. (Revised Plat includes 16 lots plus balance of Costello house parcel equals 17.) City of Fridley ORDINANCE NO.902 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1.For the vacation of that part of McKinley Street as dedi- cated inthe Plat of Acorn Hill Ad- dition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks,gener- ally located at 5980 Stinson Boule- vard N.E. All lying in the north Hal[of Section 24,T-30,R-24,City of Fridley,County of Anoka,Min- nesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall bbee so amended, subject to stipulations adopted at City Coun- cil meeting of April 4,1988. PASSED AND ADOPTED BY TY OFEFRTY COUNCIL 0 IDLEY THIS 4TH DAYF THE OF APRIL,1988. W ILLIAM J.NEE-MAYOR ATTEST: SHIRLEY A.HAAPALA- CITY CLERK March 7,1988 Public Hearing: First Reading: March 28,1988 Second Reading: April 4,1988 Publish: Sepptember 28,1988 Republish: November2,1988 Republish: November23,1988 Ordinance is amended to reflect the correct Section Number,Section Number 13 was incorrect when published April 13, 1988 and is cor- rected to read Section 24(Section 24, T-30,R-24) Ordinance is being republished as the original publication date was in error when ordinance was republished November 2,1988. (Published in Fridley Focus No- vember 23,1988.) Public Notice ORDINANCE NO.902 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND AND TO AMEND PPENDIXLEYS C OF THE CITY CODE The City Council of the City Of as Fridley does hereby follows: SECTION 1.For the vacation of that part of McKinley Street as dedi- cated in the togOf Acornether with it il Ithe Addition and tog Northerly extension Of said McKinley Street to the South line of the Plat of Amber Oaks,gen- erally located at 5980 Stins Boulevard N.E. All 1vvinRR 1 30, north Half Of County of R-24,'CRY of Fridley, Anoka,Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and A ndix C of the City Code shall be so amended, subject to stipulations adopted at City Council meeting of April 4, 1986. PASSED AND ADOPTED BY CITY COUNCIL OF THE C TY OF FRIIDLEY THIS 4TH DAY OF APRIL,1988. William J.Nee—Mayor ATTEST: Shirley A.Haapala—City Clerk Public Hearing:March 7,1988 First Reading:March 28,1988 Second Reading:April4,1988 (Published in Thee Fridley Focus September 28,1988.) CRDINANCE NO. 902 _ AN CRDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. For the vacation of that part of McKinley Street as dedicated in the Plat of Acorn Hill Addition and together with the Northerly extension of said McKinley Street to the South line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. All lying in the north Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2 The said vacation has been made in conf ormance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended, subject to stipulations adopted at City Council meeting of April 4, 1988 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 4TH DAY OF APRIL , 1988. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: March 7, 1988 First Reading: March 28, 1988 Second Reading: April 4, 1988 Publish: April 13, 1988 3/7/4/8 CITY COUNCIL ACTION TAKEN UgICE Brickner Builders, Inc. April 18, 1988 6 23 0 Highway 65 N. E. , #104 Fridley, MN 55432 On April 4, 1988 the Fridley City Council officially approved your request for a Vacation, SAV #87-11, to vacate that part of McKinley Street as dedicated in the Plat of Acorn Hills Addition, together with the northerly extension of said McKinley Street to the south line of the Plat of Amber Oaks, generally located at 5980 Stinson Boulevard N. E. with the following stipulations: 1. Final approval of vacation contingent upon final approval of 17 lot Heather Oaks Plat. (Revised Plat includes 16 lots plus balance of Costello house parcel equals 17.) If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by May 2, 1988. Concur with action taken