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SAV73-08 J � e CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA Rezoning PLANNING AND ZONINC rORM 11L144at' ��y 7.3- t�cS' special U44 PewV$t '�'�';� variance • .Y.Js3L'L: �,P1'LzGAtd°�'$ gIGNATURE Q _Approval P$` Pro, A Oros! 312 S RA# Pit. livinery P14t Tslephone Number_ Piatovel Of Mat �, G PROPERTY OWNER'S SICNATVRE _ ...Streets or Vacations Addrese Other Talephone Number,�,� $treat Location of Props rty,,70V Arthur Street ,LAg41 Description of Property _Lot 10 and 11, Block 1, Rice Creek School .�..,....:r Addition. PTesont toning Classification R-1 $Xiating Use of the Property Vacant , Proposed toning Classification, Special Use, Variance or other request ,9aarue59 LQZ vacat,i4w of .rn�t,ii Zesty and drainage easement between Lots 10 and 11-1 pefortbe briefly the Type of Use and the Improvement Proposed Construction of lots.nn the twQ ,A4r**So of Property , 14 Mae the present Applicant Previously Sought to Rezone. Plat, Obtain a l,ot Split, Obtain a Variants or Special Use Permit on the Subject Site or part of It? No. When? Vhat was Rsquefted Pee Enclosed $-fib° -;fld­l Data Piled Date of Nearing, 1 PLANNING AND ZONING FOAM PACE 2 Number The uafersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- eeeding3 resulting from the failure to list the names end addresses of all residents and property owners of property within 300 ' feet of the property in question, belongs to the undersigned. Residents and Owners of property within 300 feet PERSONS ADDRESS A sketch of proposed property and structure must be dravn on the back of this form or attached, showing the following: 1. North Direction 2. Locatioa of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names 3. Location and use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DAZE SIC14ATURE (APPLICANT) ' ! � tr i► t A1�r * e Approved Denied By the aosid of Appekle 69bject .to the Following Conditions: date Approved Denied by the PlanninG Commission on Subject to the S,ollowing Conditions: date Approved Denied by the Council on Subject to the Following Conditfonsi date Ta�c+� lac? MEMO FROM: MEMO TO: (Memo No. , Litters Report represent ynaa nitials) Before NASIM M. QURESHI fugpoles„111121u2iiRCity Engineer - Dir. MEMO NO. _ Planning - Comm. Dev. — : DATE: r11192081glosses meone SUBJECT: 3 -' REMARKS /See attache , W 0 Review b take appro- a priat actibn DI-Review 6 comment o 0 NotiL 6 discuss with me a 0 Work with 3 0 Rush, immediate action desired SIGNATURE Make reports, w/background CO "9S material as complete as posa- ble. Make interim report if necessary. Send original memo back only if action is 0 fully completed. z 0 Action completed, no — C further review needed �. ~A ' H — 0 Further action necessary 0 See attached letter 0 Interim report DATE S SIG1%kTURE F. F. FOSLIEN HOMES, INC. (_DwPz2ty �at2a9EmEnt April 23, 1973 3345 UNIVERSITY AVE. S. E. MINNEAPOLIS, MINNESOTA 55414 331-2214 ivh-. Nashim Qureshi City Engineer 6431 University Avenue, NE Fridley, Minnesota Dear Mr. Qureshi: Enclosed is a copy of my letter of May 13, 1968, which I sent to you by registered mail. I have entered into a purchase agreement to sell the lot and have told the buyer that you are to tke care of the damage caused by your tem- porary sewer which terminated on this particular lot back in 1968. Thank you in advance and I hope that you will take care of this damage y a p y g as soon as possible. Yours very truly, i F. F. Foslien q FFF/mmj Encl-1 c � o �, 8 lig� ° w to • *i �ii 11i • 8 �• � ! o to C+ 8 ;• a a � 7 o �' r . r - � � t � � { � � ` � ' f �'v 4 I •� Y i� tSM FROM: MEMO TO: (Meno No. , Letters Report represent name initiats) Before NASIM M. QURESHI t City Engineer - Dir. MEMO NO. _DS #114 f Planning - Comm. Dev. f DATE: 6-4-73L11-73 12111115118891 SUBJECT: Washout at end of Arthur near 67th Avenue caused by hydrant being opened by kids REMARKS Q See attached Please review this situation and see what we can do to avoid this happening in the future. ere is a proposal of a house being built H O Review b take a in this area and it could be quite dangerous ppro- to the future structure. is is Where Pat 9U priate action C6 Ellis has the option on the land and wants r Review b comment o ui 'O•. O Note b discuss with me Public Works• & _ DC Work with Bob N. O - _ Q Rush, immediate action desired SIG NATURE Make reports, w/background �C15 material as complete as Poe$ ble. Make interim report if ' necessary. Send original memo back only if action is O fully completed. a , o`yt z O Action completed, no -- O further review needed Q O Further action necessary O See attached letter Q Interim report DATE / �� s 741 WORK ORP f i 4 i jPate�Q — J Department S , TREET •- �ame ,-4 _ Phone No Address Work to be done Co en 's: Time taken care of Date taken care of 9 6igned y MEMO FRUn: MEMO TO: (Memo No. , lztters Report represent name initials) Before NASIM M. QURESHI 'u......'.......t...i� City Engineer - Dir. MEMO N0. DS 908 10-5-73 Planning - Cnmm. Dev. 9-28-73 DATE: SUBJECT: PREPARATION OF EXHIBIT & LEGAL DESCRIPTION CONFORMING TO CONDITIONS /OAF APPROVAL OF VACATION OF EASEMENT BETWEEN LOTS �TVT1fiR REMARKS ' 0 See attached PLEASE PREPARE MAP AND LEGAL DESCRIPTION EN DIS-C-14=24 WT1W P42 , 20 IT CAN RF GIVFN w TO MRr RANSTROM OR FURTHER EXECUTION . X Review & take appro- 9U priate action 04 --- 0 Review & comment 0 Nota 6 discuss with me 0 0 Work with 3 ' 0 Rush, immediate action NMQ desired SIGNATURE r _ MONS, Hake reports, w/background CGNMENTS material as complete as posa- ble. Make interim report if necessary. Send original a memo back only if action is a fully completed. oC 0 Action completed, no further review needed E� 0 Further action necessary 0 See attached letter 0 Interim report 00, DATE �� �/'�^ SIGNATUPJ A walkway easement described as follows: 1. That part of Lot 11, Block 1, Rice Creek School Addition lying westerly and northerly of the following described line, said line being approximately 88556, feet above sea level: Beginning at the southwest corner of Lot ll, Block 1, thence east f along the south line a distance of 60 feet; thence northerly a distanca of 140 feet to a point in a line parallel to and 110 feet west of the. east line of Lot 11, Block 1; thence easterly a dis- tance of 110 feet to a point on the east line of Lot 11, Block 1, f said point being 150 feet north of the southeast corner of. Lot 11, - E Block 1, Rice Creek School Addition; and also, - 2. That part of Lot 19, Block 1, Rice. Creek School Addition lying northeasterly of the following described line: Commencing at the southwest corner of Lot 10, Block 1, thence t �. north along the west line a distance of 150 feet to the actual i point of beginning; thence deflect to the right 133• to a point I + on the east line of Lot 10, Block 1, Rice Creek School Addition. . All lying in.the North Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. i i I T 803 �. -77; 895_ dAjV MEMO FROM; MEMO TO: (memo No. , Iztters Report � represent name initials) before NASIM M. QURESHI 181585911 Is total 1111,14 City Engineer - Dir. MEMO NO. ,DC 486 Planning - Cnmm. Dev. 10-23-73 DATE; 10-19-73 C SUBJECT: R,Jil d Hg De_rmit fQr- L. 10 F 1-10 B . l , Ri Ce Creek School Addn. REMARKS (3X See attached Please review the attached material to documents see if it is all in compliance with 1_______tTffe__C_bunc-1I 'appro Val. ec with y County to see that it is in line with Review take appro- e un ers dffdl g wi`th_`_ie_Council priate action Check with Virg to make sure all docu- a men s ar in eg`au 5rrm an�­can Te Yi`led�- Review 6 comment with Anoka County. o ` O Nott S discuss with me Please check thru quickly so the Bldg. 0 Work with 3 _. DXfKush, immediate action NMQ desired SIGMATU . 4 Make reports, w/backaround Cc:M"Cl5 material as complete as pons-`' ble. Make interim report if necessary. Send original LA 6- memo back only if action is OCL fully completed. a1 . of o Action completed, no O further review needed F Q C) Further action necessar 0 See attached letter ' Q Interim report Qt_� OL DATE 92=�,y11 7a SIGNATURE 224-4345 JOHN E. DAUBNEY ATTORNEY AT LAW 738 MINNESOTA BUILDING ST. PAUL. MINNESOTA 55101 October 18, 1973 Mr. Masim Qureshi City Engineer 6431 University Avenue N. E. Fridley, Minnesota Re: _Lots 11 & 10, Block 1, Rice Creek School Addition Building Permit Dear Mr. Qureshi: I am enclosing herein executed copies of the following documents relating to the Dennis A. Ranstrom land which are Lots 10 and 11, Block 19 Rice Creek School Addition; 1. Deed of Easement for utilities along the southerly 6 feet of Lot 11. 2. Indemnification Agreement relating to erosions and damages from breaking water mains. 3. Deed of easement for walkway purposes along the northerly and westerly edge of the Ranstrom property. You will note that I have changed the legal description in the Walkway Easement from a contour description to a metes and bounds description as you had suggested. The only difference from your original description is that I have made the Northerly boundary a straight line extension into and across Lot 10 as Rice Creek does not follow the northerly and easterly border of Lot 10. I believe that Mr. Ranstrom has now complied with all the conditions imposed by the City of Fridley and there should be no question of his right to obtain a building permit and commence improvements on his land. Please advise as to when these Deed of Easements have been filed of record. Ver truly yours, . JOHN E. DAUBNEY JED: rmh Enclosures cc: Mr. Virgil Herrick Hon. Frank Lieb1 t Of fice of ROBFRT W JOHNSON n�«A M h %742 r Arra Casa 612-421-47d0 - October 1, 1973 Mr. John E. Daubney Attorney at Law 733 Minnesota Building St Paul.. Minnesota 5.5101 Re: Lots 10 and 11,_ Block 1 Rice Creek School Addition City of Fridley Dear Mr. Daubney: Thank you for sending the site plans and topographical map showing the walkway-easement being granted to the City of Fridley. These documents have been reviewed by the Anoka County Park Department. After discussing the matter with Mr. Albert A. Kordiak, Chairman of the Anoka County Board of Commissioners, and with other County Commissioners , the Park Department does not feel it is necessary to acquire the above property for park purposes. However, this decision is based on tie understanding that the walkway easement granted to the City of Fridley permits the county to use the easement area for park purposes. As I mentioned in our phone conversation last Wednesday, L would apprecia e your written confirmation of this understanding. We want to avoid the situation in the future where your client might insist that the use of the easement area for park purposes is inconsistent with the easement granted, or in some way interferes with the easement. I hope the county's interest in acquiring the property has not delayed your client's construction plans. As you are aware, the county has an interest in preserving as much of the creek and property along Rice Creek as might be necessary for park.development. Thank you very much for your cooperation in this matter. Sincerely, Robert C. Parta Legal Assistant RCP:svt cc: Dave Torkildson Albert A. Kordiak Bernard Steffen Mike O'Baanon INDEi1. IFICATI0A AGREEMENT This Agreement made and entered into this 10th day of September, 1973, by and between Dennis A. Ranstrom of the Village of St. Anthony, County of Ramsey, State of Minnesota, hereinafter referred to as Indem- nitor, and the City of Fridley, a Municipal Corporation of the County of Anoka, State of Minnesota, hereinafter referred to as the Indemnitee. In Consideration of One Dollar and other good and valuable con- sideration, receipt of which is acknowledged, IT IS HEREBY AGREED; Section 1. LIABILITY, LOSS 012 DAMAGE. Indemnitor undertakes to indemnify Indemnitee from any and all liability, loss or damage Indemnitee may suffer as a result of claims, demands, costs or, judgments against it arising from a water main break or water running off the banks of Lots 10 and 11, Block 1, Rice Creek School Addition, due to erosion resulting; from the steepness of the terrain of the said Lots 10 and Indemnitor further agrees to release Indemnitee from any and all liability, loss or damage Indemnitor may suffer as a result of Indemnitee having issued a building permit to Indemnitor on said Lots 10- and 11, by reason of topographical or subsoil conditions Tahich may make the said premises difficult to construct upon and expensive to maintain; Provided, however, that it is not the intention of this Agreement to release Inde-►nitee or to indemnify it against acts of negligence performed by employees of Indemnitee or by its contractors, their a-ents or servants, in the construction or maintenance of the public utilities of Inde:initee. Section ?. DTJH` `>TIO . and the release under this A-7reement shall commence on September 10, 1973, and shall co-atinuc in full force and effect for so long as a si_nb;le faraily residence shall be constructed and maintained on said Lots 10 and 11. IN WITNESS WHEREOF, the parties have executed this Agreement at Fridley, Minnesota, this day of September, 1973. Den is A. Ranst-rom, Indemnitor CITY OF FRIDLEY BY: Indemnitee INDEWNIFICATION AGREEMENT This Agrearaent made and entered into this 10th day of September, 197.31 by and betweea, Dennis «. 1anstrom of the Village.of St. Anthony, County of Ramsey, State of 2linresota, hereinafter refe-ed to-as nJ.tor, and the City of Fridley, a Municipal Corporation of the County of i'moka, Stare of 'Minnesota, hereinafter referred' to`as the.`Indemnitee. Ta Consideration of One Dollar and other good and valuable con- sideration, receipt of which is acknowledged IT IS HEREBY AGREED: i. Section 1. LIABILITY, LOSS OR DAMAGE, Indemnitor undertakes to indemnify Inde:unitee from any and all liability, loss or damage Indermitee T,,iay suffer as a result of claims, demands, costs or judgments against it arisiag from a water mann break or water running off the banks of Lots 10 and 1i, Block 1, Dice Creek School Addition, due to erosion resulting fro-ta the steepness of the terrain of the said Lots 10 and 11. Indemnitor further agrees to r-elease Indem-mitee from any and all liability, loss or damage Indemnitor may suffer as a result of Indemnitee having issued a building permit to Indemnitor on said Lots 10 and 11, by reason of topographical or subsoil conditio-is which may awake the said premises difficult to construct upon and expensive to mainta.ia; Provided, however, that it is aot the intention of this Agreement to release Indem-nitee or to indemnify it against acts of negligence performed by employees of Indemnitee or by its contractors, t?zair agents or servants, In the construction or maintenance of the public utilities of Indemnitee. Section 2. DURATION. Indemnification and the release under this Agreement shall conmaence on September 10, 1973, and shall car,tir.-le in full farce and effect for so long as a single f&mily resideuce shall u(�� constructed and n:a z:tai e ; OIL sand Lots 10 and 11. IN WITNESS WHEREOF, the parties have executed this Agreement :At Fridley, Minnesota, this day of September, 1973. ,�YV►tM t Dernis A. Rarstrorw, Indemnitor CITY OF FRIDLEY BY: Indemnitee CD DEED OF F.,',SEiIENT This Deed of Easement made this 10th day of September, 1973, by Dennis Ranstrom of the Village of St. Anthony, County of Ramsey, State of Minnesota, herein referred to as Grantor, and the City of Fridley, a Municipal Corporation of the County of Anoka, and State of Minnesota, hereinafter referred to as Grantee. Grantor, in consideration of One Dollar and other good and valuable consideration paid by Grantee, and the further consideration for the con- struction of a storm sewer along the southerly edge of Grantor's land hereby , grants to Grantee, its successors and assigns, an easement hereinafter des- cribed under and across the hereinafter described land for a storm sewer, and other public utilities. The easement shall be Six (6) feet in width across the southerly Six (6) feet of hot 11, Block I, Rice Creek School Addition, according to the plat thereof on file and of record in the Office of the Rebister of Deeds in and for the County of Anoka, State of Minnesota, re- serving to Grantor, his successors and assigns, the right- to pass over and across the said easement area for the purpose of gaining ingress and egress to said Lot 11, from adjacent public streets. IN .vI'TNESS WHEREOF, the Grantor has executed this Deed of Easement at the City of Fridlay, County of Anolta, State of Minnesota, the day and year first above written. UlITNESS \ I Subsr iSbed and sworn to before me /this �Qdr,y;�o£ Septmert 1973.E Joh'S E'a, I),Aub'1Cy T Notary J.a lic, ?it:S='�y''rOtinty, Minn. y Comuti ssioq expires August 9, 1975. i 7a l� DEED OF EASEMENT This Deed of Easement made this 10th day of September, 1973, by Dennis A. Ranstrom of the Village of St. Anthony, County of Ramsey, State of Minnesota, herein referred to as Grantor, and the City of Fridley, a Municipal Corporation of the County of Anoka, and State of Minnesota, herein referred to as Grantee. Grantor, in consideration of One Dollar and other good and valuable consideration paid by Grantee, receipt of which is hereby acknowledged, hereby grants to the Grantee, its successors and assigns, an easement here- inafter described over and across the hereinafter described land for a public wtlkway along the southeast side of Rice Creek and along the Northerly and westerly ed ;s of Grantor's property. The easement shall be Six (6) feet in width and shall be located on Lots 10 and 11, Block 1, Rice Creek School Addition, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for the County of Anoka, State of Minnesota. and north and west of the following described line: Beginning at the southwest corner of lot 11, Block 1, thence east along the south line a distance of 60 feet; thence northerly a distance of 140 feet to a point in a line parallel to and 110 feet west of the east line of Lot 11, Block 1; thence in an easterly direction to the northeast line of Lot 10, Block 1, passing through a point on the east line of Lot 11, Block 1, said point being 150 feet north of the southeast corner of Lot 11, Block 1; Rice Creek School Addition; all lying in the north half of Section 13, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. The location of the said easement shall be staked out by the Engineering Department of the City of Fridley, and shall be maintained by and at the sole expense of Grantee. IN WITNESS WHEREOF, the Grantor has executed this Deed of Easement at the City of Fridley, County of Anoka, State of Minnesota, the day and year first above written. WITNESS j�� ��, }�71 subscribed and sLp to befome this lot-h day of , 1973. John E. ,Dau neYs Notary Public� Ramse County, Minn. ..My commission expires August 9 1975. 5T :,:'�. •�+ 55101 LOT SURVHY CITY OF F=LEY LOTS 10 S 11, Block 1 RICE CREEK SCHOOL ADD. SURVEY FOR PAT ELLIS 6641 CRANNELL ROAD FRIDLEY, MINNESOTA 55432 � I , 0 ve"V o r'-S Q1, o DESCRIPTION: Lots 10 and 11, Block 1, Rice Creek School Addition, City of Fridley, Anoka County, Minnesota. 3 f � I hereby certify that this survey was made under my direct supervision and that I am a duly authorized Registered Land Surveyor under the laws of the State of Minnesota. t r William S. Loye, R.L.S. Date: April 20, 1973 Minn. Reg. No. 6787 e, Cl fY OF r i.i.Ul.i. 11, Block 1 t2d(:L 06,J]" :�Ctil'rl?I. ADD. III 5C bra- -312 u U i S eA-K)ST(4C A + 31-zg _Foss (� j %q I, Gur �{ 4? j UEtiCitit''fli)v: Lots 10 and 11, +;loc}: :. Rice Crcvi, JCI:110i City of Fridley, Anoka County, MinnesoCA. 1 k,reuy certify that this survey was made under my direct supLry cion and that I am a ..uiy authorized Registered Land Surveyor under the ;aws of the State of blinnesuta. Williar" S. Loye, K-6. i.ltAnril "20, 1973 'Minn. Keg. :.o. 6787 ' C7 SA✓ kk 73-.0 8 i r �5oa� (9001 l 6� 5tafe ef/YJ.�n.,,v/,<rusf Foyd F, I �, -n For/ien ��CY►T1 I s ��� ��� ` a - - -- -- 1�, h 144 1. K _. 0) 62 00L e 4Iw � Gify of Frid/er ^+fit f . ^' 6 EAN N, 5 'YH JOO�t4 f '• 5 Jf1 a 'e ® T/jO V ti 013 —`�(- G TH AVE. N. E. j I I e 113 Gj�� ua � Iz /� Sr/ I Bi �3 � i��X�Ohi; t� � S o `•a aC •V\I �0 4�I�O�`2/ ) '14, , i •f _Y�� �t r^' ji. ! O i1 :({ of IN 5 tD 3 ( I • F Y O 93 a ('�� �, -•{�—.._ h 1— ti�ao) --- D �> 2-:5Or /p �4 =•�i99 „ j 7J �o/ "; 95 y.° �.� io��'e,� 1413 t12 i f 11r✓ry I 7 2 � - �n ,/�/ per,. / "1/ LJr>'�Jf `l ?c-.+: ,.. 71 1� �•5. 1 Si r �� 1 �T Commissioner Fields made motion approving the request of the County Auditor to withdraw all tax forfeited lands from County sale pursuant to 'Minnesota Statutes 282. 01 , Sub- division 7 , for reappraisal in preparation for fall , 1973 land sale, effective date September 12 , 1973. Commissioner O' Bannon seconded the motion. Motion carried. Commissioner Johnson offered the following resolution and moved its adoption : Ik,IIEREAS, the recent turnback improvement of Coon Rapids Boulevard in the area of the former junction between East River Road and Old High:.ray 10 has improved the - traffic circulation capability of the main road and service roads; and, WHEREAS , a safety, problem exists ,relative to busses un- loading on the main ,traveled portion of Coon Rapids Boulevard which is even more serious because of the greater roadway width and faster traffic capability of the new section ; and, WHEREAS, the reconstruction has provided turning areas and frontage roads that are sufficient to handle bus traffic : NOIR', THEREFORE, BE IT RESOLVED, that the County Board request the Metropolitan Transit Commission -to consider- utilization of the frontage roads in the area for loading and unloading passengers in this area as a means of reducting accident potential for bus passengers Motion carried. Resolution declared adopted.' Commissioner Kordiak presented the Park Committee Report : 1. Commissioner Kordiak made motion referring the matter of bids for a bath house at Lake George to the Park Committee and to Coim--nissioner O ' Bannen for study and recommendations . Commissioner Burman seconded the motion. Motion carried. 2. The matter of the County Board adopting a new criteria for county aprks to be used in determining qualifications for establishing future county parks was referred to the Park Committee for study. 3. Commissioner Kordiak made motion authorizing the County Park Director to appraise properties in the City of Fridley on Rice Creek described as : Parcels 4S0 and 500 in Rice Creek School Addition 1 and to purchase' such properties for the County of Anoka if required to preserve and protect the area included in the Rice Creek Open Space Plan. Commissioner Johnson seconded the motion. Motion carried. Co;nniissioner O' Bannon not voting . 4. Commissioner Fields i;-Lade motion referring the matter of reimbursement to the Park Department for. the following described maintenance to the Park Committee for I I I I �� tD 0 / I r 3 ! { l F. F. FOSLIEN HOMES, INC. Pew J zopEztyc�ana9EmErzt ,�_. 13 �J April 23, 1973 3345 UNIVERSITY AvE. S. E. MINNEAPOLIS, MINNESOTA 55414 331.2214 14 . Nashim Qureshi City Engineer 6431 University Avenue, NE Fridley, ivinnesota Dear Mr. Qureshi: Enclosed is a copy of my letter of May 13, 1968, which I sent to you by registered mail. I have entered into a purchase agree!,ent to sell tie lot and h ve told the buyer that you are to trice care of the damage caused by your tem- porary sewer which terminated on .this particular lot back in 1968. Thank you in advance and I hope that you will take care of this damage as soon as possible. Yoa-urs very truly, F. F. Foslien c FFF/mmj Encl-1 y R ' F . YAY 13, 1968 10213TMTO zk IL !(r-�, ldscaia Qureshima mxzan .x N Ci t7 Xmgimmr ric 64,31 University irreuas, IM prShcsq, �iiresvta Dear 1&.own e PrOPOKY at 07th and Artknw Street, Qaa'eslat: 419 Lot10, Black 10 His* Greek 3ohool Additioa13, Fr`41sy, legally deacrft I have sad0 several "Ilfj too the fteLasering Depm-tvmt -•. ay ]est C&II .. J ' ing today (MMdAY a KRIT 33'%) a- oonoerninag the Leer ' 4 sdiiah torminx.as .� an this Wd- Wat" a -iv-q trom the pipe o ! of the tiirt to be w&sbsd dawn the hill to CIO cre®k; and altt'=Th 1 r'oported this dnm at _ aad asked that it be cow, nothing has been cone. - " In IW oarrrersatLOU with you today, You stated that I 'Was O"W.-ronosrnd a.• bout the damage and tbat YOU b ll-isysiit Mould not amount to auah and alto that you did not wnt to enter into WW additional Mr��:te at this Lim sine a new atoms seWOr is.anticipated at some tuture date, I an oonteraplatL1,1>: building on the hat when mwt ,e namy is available for oonstruetio t. +� t p"n time, with the tinht s y aitustion, tyre is not too MuOh ildiES mortgage money evadable. Torr stated tbat< pu uoo14 be responsible f(M any %-�3 doge to the propwty ; and I would Ulm this 1"te r to go ae rsosr$ OonfirWIAS #uoh statownt. roars wry truly, yi F. Foslien J III 5 FLOYD F. FOSLIEN 3345 University Avenue S. E. Minneapolis, Minnesota May 4, 1973 Planning Commission, Mayor, and City Council City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Gentlemen: It has come to my attention that the Board of Appeals, Planning Commission, and City Council will be considering the following requests by Mr. Dennis A. Ranstrom: 1. A request for a variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 11 feet to allow the construction of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same being 6700 Arthur Street N. E. , Fridley, Minnesota 55432 (Request by Mr. Dennis Ranstrom, 3728 Foss Road, N. E. , Minneapolis, Minnesota.) 2. Vacation Request: SAV #73-08, Dennis A. Ranstrom: Vacate 20 foot Utility and Drainage Easement line between Lots 10 and 11, Block 1, Rice Creek School Addition, to allow the construction of a home on the two lots. I would like to make it a matter of record that I as the adjacent property owner of Lots 9 and 1, Block 1, Rice Creek School Addition, have no objections to the approval of the requests for the variance or the vacation of the easement requested by Mr. Ranstrom. Respectfully, FlozdF. Foslien cc: Dennis Ranstrom e A Gordon Ross Metcalf -i N Architect I I I``'' 2030 UrLandale Lane 5 Wayzata, Minnesota 55391 5 may, 1973 IC", Dennis Ranstrom 1871 West Co. Rd. "C" Roseville, Minnesota 55113 Dear Mr. Ranstrom: This letter is to advise you as to my decisions relative to the design of your proposed new resi- dence to be located on lots 10 & 11, Rice Creek School Addition. I found, after examining the topographic surve y authored by Comstock .and Davis Inc. , and after a personal visit to the site, that certain physical characteristics of the rroperty, and several aesthetic considerations have restricted the actual construction site to approximately that as indicated on the sketch site plan ( sent under seperate cover) . The physical problems are namely the severe drainage Swale located in the South central area of lot ll, and the mature tree clumps located near the East sins of lot 11 and the South area of lot 10, in addition to the general steep slopes of both lots. Thp aesthet- ic aspects include the views and the desire not to destroy the natural enviroment by severe grading operations. In my opinion, based on the known data, an atterxptto construct the residence over the Swale would reouire either pouring footings on fill, which is "taboo", or prohibitive costs in tiling, compacted filling oper- ations and/or other non--conventional site work for residential construction, I am aware of the set-back requirements as per the zoning ordinance, but would hope the Village might grant a variance in view of the above, and the fact such a waiver would not harm your neighbors with respect to light and ventilation, nor would it harm the basic intent of setback lines. Respectfully yours-, Bordon R. L Metcalf, Architect • PiR 1\ CITY OF FRIDLEY 6431 University Avenue N.E. Fridley, Minnesota 55432 R \f,1*01 F-�E PAUL BROWN, Di,%ec ton LJ Phone: 560-3450 X64 MEMORANDUM TO Parks and Recreation Co,zrdssion DATE: May 17, 1973 Fridley Fenning Co nission SLWECT: Director's Personal Opinion on two ,�: Paul Brc,rn, Director �b�e��'� � t� r � � � st � � a � � � * � at� �a +t � +� � ea +aet � � � +� � +� Dear Cort-.ssioners, Please be advised of the two following subjects and my personal opinions in respect to future action to be taken. 1. Lot 1, Block 1 - Oak Grove Addition to Fridley Park This piece of lard fits in with our overall plan to acquire as mach Rice Creek land as possible in this i.:�:_ediat.e area. It is my fee?srg that the city should proceed to acquire this small section of land in this area. 2. Lots 10 and 113 Bleck 1 - Rice Creek School Addition Our Rice Creek Park is in this area. This particular piece of is-nd is on the south boundary. The -majority of the lots is a steep hili. There has been a requst to vacate the easement. If the lots ac-e purchased on top of the hill, there will be a home erected. Opinion: 1. It is my feeling t:-.at our main constr'dction of t^.d.s -ar�- will be on the north side of the creek. I feel that we will have no strafe gic need for the lo-rrer part of the-se lots. 2. The trails would go on the north side of Creek. 3. Any bridges inst?lled would favor use on the north proper-.-yonly. 4. This linits the property owners uss of his section of land and leaves very little propertyfor his use, 5. Suggest we leave the lots as they are. 6. If and when we plan and start t0 neve,. t' F ,y P op nc land, �t i„ feelin that if we need a part or section of the lot for sone type of use that tee home o;.-ner can be contacted for his cooperation PB F s tf�zL,f subnit ped, xsp NORTHERN STATES POWER COMPANY 1518 Chestnut Avenue Minneapolis, Minnesota 55403 June 11, 1973 Mr. Darrel Clark Community Development Administrator, City of Fridley Fridley, Minnesota 55421 Re : S .A.V. 73-05, petitioner Gilbert Menkveld, S .A.V. 73-08, petitioner Dennis A. Ranstrom Dear Mr. Clark: This is to inform you that Northern States Power Company has no objection to subject vacations . Yours t`r ly, 0' Fred Hum Right of Way Agent I FH/prb DENNIS A. RANSTROM 3728 FOSS RD. N. E. ST. ANTHONY VILLAGE, MINN. City Council, City Manager, City of Fridley 6431 University Avenue N. E. Fridley, Minnesota 55432 Re: Request for variance of Section 45.053, 4A, Fridley City Code, and Request for vacation of Easement: SAV #73-08, vacate 20 foot utility and drainage easement line between Lots 10 and 11, Rice Creek School Addition. Gentlemen: As a property owner in the City of Fridley, I have followed proper procedures in order to construct my home on my personal property, zoned R-1. I have attended five subcommittee meetings pertinent to the above requests. I have had a land survey, I have had a topographical map of my property made, I have secured the services of an architect who has prepared plans for the City, I have hired legal counsel for title search of the property, all of which does come high in monetary expense and personal time involved. At all the subcommittees attended, I have received recommendations in favor of approval of the requests for both the vacation of the easement and the granting of the variance. The meeting of June 11, 1973, of the City Council brought me to the awareness of the irrelevancy of all these subcommittee meetings. I am faced with a dilemma. In order to construct a home on my property, it seems, I must concur with the opinion of certain Council members that if and when a park is established in this area, I should agree to relinquish parts of my land for park purposes. Although, reluctant, I agreed that this certainly would be a possibility in the future plans for park acquisition for walking paths and canoeing through the property that I own. My reluctancy on this matter was only for the acquisition of property now, since much of this land is under private ownership, but I would be willing to dedicate land to the City at the time that the City is ready to go ahead with workable plans and after they have acquired the abutting land for park purposes. I also agreed that the proper precautions would be taken on the construction of my home including soil tests and retaining walls so as not to make the City feel that a building permit at this site would be against their code or questionable in the least. At this point, it was requested that an agreement be drawn up for approval on these points of the park development plan and the liability between I and the City. Upon reviewing the agreement drawn up by the City, I could not believe the proposal. The agreement contained points that were wishful thinking and other points thaw were definite as to elevation of walkways. The proposed walkways would run directly through part of my proposed site of construction! I do not believe that this agreement submitted by the administration is what was intended by the City Council and agreed to by myself at the Public Hearing Meeting of June 11, 1973. If this type of agreement is the determining Fridley City Council June 15, 1973 Page 2 factor, in building a home, why is this not brought up when application is made or before the attendance at the subcommittee meetings enabling the citizens of Fridley to save time, money and personal anguish: Attached is a proposed agreement which I feel complies with the Council's requests. Beyond this request, I have been advised, the City must go to comdemnation of the property, proving the desired private property is beneficial to the interest of the City of Fridley. I ask at this time, without relinquishing the hope to construct my home in the City of Fridley, that the City Council realize that I am living up to the proposed agreement set by the Council and grant my request subject to the conditions of the attached agreement. 'Respectfully yours, Dennis A. Ranstrom STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT THIS AGREEMENT made and entered into this day of 1973, by and between Dannis A. Ranstrom hereinafter referred to as the "property owner", and the City of Fridley, a municipal corporation, hereinafter referred to as the "City". WHEREAS, the property owner has petitioned the City to grant the following variance: A variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 to 11 feet to allow the contruction .of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same being 6700 Arthur Street N. E. , Fridley, Minnesota. WHEREAS, the property owner has petitioned the City to grant the following vacation: To vacate the 20 foot utility and drainage easement between Lots 10 and 11 Block 1, Rice Creek School Addition, located in the north half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. WHEREAS, the City Council finds that the granting of this vacation and variance, as outlined above, will be in the public interest, welfare, and will not be detrimental to the people of the City of Fridley provided that certain dedications are made to the City of Fridley. The parties, their successors and assigns do hereby agree as follows: 1. Property owner will grant a six foot easement on the southerly line of Lot 11. 2. City agrees to vacate 20 foot easement between Lots 10 and 11, and variance of front yard set back from 35 to 11 feet. 3. Property owner agrees that at such time as the City has taken appropriate action to adopt engineered plans and has authorized the construction of park facilities including a path on the south and east side of Rice Creek, property owner will deed easement for such path not more than six feet wide to be constructed as close to the Creek as feasible. 4. Also, at such time as the City has authorized funds for improvements as a park for the north and west side of Rice Creek, property owner will deed to the City all portions of Lots 10 and 11, Rice Creek School Addition, that lye north or west of the said creek. 5. Nothing herein stated is intended to create liability to or on the City arising out of construction or improvement by property owners. 6. If and when said path is constructed, it should be done in such a manner to not distrub, weaken or undermine improvements that have heretofore been constructed by the property owner. 7. If and when such path is construed, the property owner shall be held harmless for any accident or injury to any person or property of such person using the park pathway or walkway. AGREEMENT: DENNIS A. RANSTROM PAGE 2 It is mutually agreed that the provisions of this agreement shall be binding upon and enforcible against the parties hereto, their successors and assigns and all subsequent owners of the property here discribed. An executed copy of this agreement shall be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of 1973. In the presence of STATE OF MINNESOTA ) ss COUNTY OF ANOKA ) On this day of 1973, before me, a Notary Public within and for said County, personally appeared and to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of , 1973. STATE OF MINNESOTA) ) ss COUNTY OF ANOKA ) On this day of , 1973, before me, a Notary Public within and for said County, personally appeared and to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. ( 5 � 16 OFFICE OF THE CITY MANAGER FRIDLEY , MINNESOTA C� November 16 , 1973 MEMO TO : THE MAYOR AND CITY COUNCIL FROM : NASIM QURESHI , ACTING CITY MANAGER RE : REQUEST FOR WAIVER OF PART OF $800 STORM SEWER ESCROW ON LOTS 10 , 11 , BLOCK 1 , RICE CREEK SCHOOL ADDITION According to Resolution No . 73-1973 , which the Council passed June 4 , 1973 , a policy was set requiring $800 storm sewer escrow on building lots within the Rice Creek Area which would serve for future storm sewer development . However , in the case of the above named building site , the proposed grade is such that the property drains toward Rice Creek , so it would be the administration ' s recommendation that the Council reduce the escrow amount on this building site from $800 to $150 . NMQ/ms L r� 45 6 � LAW OFFICES WEAVER, TALLE a HERRICK 316 EAST MAIN STREET ANOKA, MINNESOTA 55303 CHARLES R.WEAVER 421-5413 HERMAN L.TALLE VIRGIL C.HERRICK 6279 UNIVERSITY AVENUE N.E. ROBERT MUNNS FRIDLEY, MINNESOTA 55432 JAMES D. GIBBS 560-3850 WILLIAM K.GOODRICH THOMAS A.GEDDE FIRST STATE BANK BUILDING JEFFREY P. HICKEN COON RAPIDS,MINN.55433 755-1330 December 10, 1.973 Mr . Nasim Quershi 6431 University Avenue N .E. Fridley, MN 55432 Re: Dennis Ranstrom Dear Mr . Quershi : I have on this date filed two utility easements and a certified copy of Ordinance #546. 1 do not feel that the Indemnification Agreement need be filed. I am returning these papers for your file. Sincerely, Virgil C. �errick VCH/pah Enclosure low x „� INDEMNIFICATION AGREEMENT This Agreement made and entered into this 10th day of September, 19739 by and between Dennis A. Ranstrom of the Village of St. Anthony, County of Ramsey, State of Minnesota, hereinafter referred to as Indem- nitor, and the City of Fridley, a Municipal Corporation of the County of Anoka, State of Minnesota, hereinafter referred to as the Indemnitee. In Consideration of One Dollar and other good and valuable con- sideration, receipt of which is acknowledged, IT IS HEREBY AGREED: Section 1. LIABILITY, LOSS OR DAMAGE. Indemnitor undertakes to indemnify Indemnitee from any and all liability, loss or damage Indemnitee may suffer as a result of claims, demands, costs or judgments against it arising from a water main break or water running off the banks of Lots 10 and 11, Block 1, Rice Creek School Addition, due to erosion resulting from the steepness of the terrain of the said Lots 10 and 11. Indemnitor further agrees to release Indemnitee from any and all liability, loss or damage Indemnitor may suffer as a result of Indemnitee having issued a building permit to Indemnitor on said Lots 10 and 11, by reason of topographical or subsoil conditions which may make the said premises difficult to construct upon and expensive to maintain; Provided, however, that it is not the intention of this Agreement to release Indemnitee or to indemnify it against acts of negligence performed by employees of Indemnitee or by its contractors, their agents or servants, in the construction or maintenance of the public utilities of Indemnitee. Section 2. DURATION. Indemnification and the release under this Agreement shall commence on September 10, 1973, and shall continue in full force and effect for so long �i AIW' as a single family residence shall be constructed and maintained on said Lots 10 and 11. IN 14ITNESS WHEREOF, the parties have executed this Agreement at Fridley, Minnesota, this day of September, 1973. Den is A. Ranstrom, Indemnitor CITY OF FRIDLEY BY: Indemnitee aT v'i:, F+' y, . a2 r • . .* ,r _ ,r t >°"-'' I Ft r'a ya,� _ I .,: t� t"r?,S q 11.1 ' yi �t4f :�' ddb' S i 4 .r'd" -Y j�,k. �' r - r 4 ,1� . N p a �'1 S ka e* o . 7 w. kkI 5�11 P, ^ir #41 }'jam°Ahl,,. , ` h -0 P j , ,� tN r tl- 11 + '�Y 1!'611. . 1 �' t 1 } 1+. ?` , r''�l f:. r �" s y I j w r> " ':. -�, 11 4-'l aw i7.Ka ., c �F r°I •, .G` 1..s r '4 y Kr r s.S' I ^, »r }, Tz�s ,..wC ij.,� ♦ , �^.'><S�Z `�4 4 �.-� r � elf r' l�� . a 1 - '2 11 ! ,!�.,' ' ;_,.: ,%,e� - . t -.1 I � , . . ,. i 'v . f, - �� � d i 1. . Y•r'* 'G wz+v,,yL r _ Sr, v'#f `"t '� 4:11 �J" y+f.,, ,.1.�ll ". 11 I Is W-. nr '+ a. 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'.r �, -( k: a t A, t ,> -.'1 f t r, e ,f-rkAi 4 ,*r rpw1. . 11 .. -f{ p y y .may (' _ �' 1 Y t rid 4 f '� + k .j,r „ ;. 4`6 �'I I�+ "�i'"fib 6 y :s A F 3� .Z h�' xg • 3�`M1 y. r,s w '� 1r"' F � _ v i 4 f �. A,}�':y, yi k-.h #•:-I AR3'.5 AF=t {' }w I- v$$, r rx , " l t• ;t. au, s ka $ a s � t n a P• w ay r° ftp, hx- ow '� r v .Ya ;; l'" 'M x$c ' s� i t i' v'' d . R `� i` e *i a�a k a i it u:r a ,? d V� i � ;'r' ' p i. * s ay' hp 4''A� { 1: ,' ':. 4 ac x,. T 1.. - '� < "�' `,4.' o f i ��� G It r �Y'A ._ s :ti l*' r lg ,. , r a, , p� .!I .ssf !y 1 s11 ' 1. ."F �`!4 V Y {r ' , r r ', I. � } 0 , 'I IdIt, " y�7 r�A ia� '% } q{ 8. } � w 7 ',,a a' ,li y .. s M F k��W ° g as. s''^� 3 , a .t rv: r'. _ ' : ?a r t. 41' y Ail w -•�k j i x .f �: > `,., i�r ' 1. 0.4 ',y ' e - ` 4J" rr `y s i 4; „t1, 11 m r 1. a y vi �•},P ,} r —1 . nr l .a ... . — T81S`_I ._ __. , d . _ � .1 1 ._.. .d , F 969 1 1 / Nk Ci x o L \ \ Fos d x ol tt GCj • I _ 91 II 0 tA K V,, 0 o 0 o ll) • i it/ 1 cr y N ` �r r Plats & Subs.-Sty. $ Utit. Subcommittee Meeting-May 9, 1973 Page 2 Mr. Clark said the City doesn't honor this lot split, and until it is approved as a split, we will not split the special assessments or issue a building permit. Mr. Julkowski said he had recently talked to the present owner of the apartment complex and told him that Lot 11, in Marion.. Hills 2nd Addition, adjacent to the complex to the West, was a tax forfeit lot. Mr. French asked if this lot could provide extra parking for the apartment complex. Mr. Clark said it was a hard lot to work with, and 6 stalls, at the most, could be provided on this lot. Mr. Clark said the owner of the apartment complex in 1968 called the Engineering Department and said he was having a problem providing parking for his tenants and wondered if he could get help in working out additional parking. Mr. Clark said the drawing he was presenting tonight had areas where additional parking could be provided, as marked in red. These parking stalls were never put in, and there may be a different owner now. Mr. Christensen asked Mr. Julkowski how he intended to use this parcel. Mr. Julkowski said he has no definite plans. He could sell it, or build on it himself. Mr. Harris asked what he could build on this parcel. Mr. Julkowski said he could build some type of small office. Mr. Clark said as the proposed lot split would be 27,000 square feet, it does meet the code requirements and could be built upon. Mr. French said that as the owner of the apartment complex is having a parking problem, he should probably be made aware of this request so he would know this property is either going to be built upon or put up for sale. Mr. Forster said the apartment owner would have the option of buying the property or letting it go, but he at least would have the choice. Mr. Harris thought the administration should make the owner of the apartment complex aware that his tenants were parking in a fire lane and that he needs to provide additional parking. Mr. Clark said he wouldn't want to give the apartment owner the impression that he had to buy this parcel. MOTION by French, seconded by Christensen, that the Plats & Subdivisions- Streets & Utilities Subcommittee continue the request for a lot split, L.S. #73-05, Bernard Julkowski, to split off part of Lot 6 and 7, Auditor's Subdivision No. 153, to develop the land either multiple or commercial, until their next meeting, and request that written notice be given to the adjacent property owners. Upon a voice vote, all voting aye, the motion carried unanimously. 2. VACATION REQUEST: S V #73- 08, ENNIS RANSTROM: Vacate 20 foot utility line betweenis IO d 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Mr. Dennis A. Ranstrom and Mrs. Pat Ellis were present. r 1 Plats & Subs.-Str. & Util. Subcommittee Meeting - May 9, 1973 Page 3 Mr. Clark said there were no utilities in this easement so the City has no objection to the vacation. We may want an easement on the South line of Lot 11 for a sewer easement. Mr. Harris asked how much of an easement the City would need. Mr. Clark said this would have to be verified in the field, but he thought six or seven feet would be sufficient. Mr. Harris asked if this would affect the side yard setback. Mr. Clark said it wouldn't although there wasn't too much high ground on this property and they were going before the Board of Appeals, for a front yard variance. Mr. Harris said it looks like Lot 11 goes into the Creek. Mr. Clark said Mr. Foslien did own this property and he still owns the property to the North of these lots. Verbally, Mr. Foslien has talked about rezoning part of his property and said he would deed the Creek bottom to the City for park land. Mr. Harris asked if the Park Commission has looked at this property. Mr. Clark said we have talked to Mr. Foslien about Outlot 1, and Lot 3, that runs all the way to 69th Avenue, -.and he said he might deed to the City any land that goes below a certain elevation. Mr. Harris said this was why he was asking about Lot 11. If the Park Department wanted to develop walking paths along the creek, wouldn't they have to come across this lot. Mr. Clark said they would if the path followed the Creek on the South side. Mr. Christensen asked Mr. Clark if there was any moratorium on any land that abuts the Creek. Mr. Clark said there wasn't although no building permits are allowed below a certain elevation. Mr. Harris said if the Park Department should desire any of the land below the Creek for park purposes , maybe there could be some land trading. We would give the petitioner the easement in return for dedication below the top of the embankment for park purposes. , Mr. Harris asked the if the petitioner had anything }ie wanted to add to the discussion. Mr. Ranstrom said he had a letter from his neighbor Mr. Foslien, in which he states that he has no objection to the -variance request or the vacation request, and a letter from his architect, Mr. Gordon Metcalf, ex- plaining the problems and solutions to building on these lots. Mr. Harris said the Subcommittee should read the letters and Mr. Ranstrom Could have them back to present to the Planning Commission. Mr. Harris asked the petitioner if 'he had any objection to trading the easement for a small easement for drainage and utility purposes on the South lot line of Lot 11, and dedicating the low land along the Creek for park purposes. Mr. Clark said they could have some land on the other side of the Creek. Mr, Clark said that any land that extends across the Creek could be dedicated for park purposes. He continued that the portion of land that the petitioner owns on this side of the Creek couldn't be used for walking paths, Mr. French said that when he looked at this property he didn't see any place for a walkway on this property on this side of the Creek. t Plats & Subs.-Str. $ Util . Subcommittee Meeting - May 9, 1973 Page 4 Mr. Christensen asked if this would be a one story home. Mrs. Ellis said it would. Mr. Christensen told the petitioner he thought it was a beautiful site for a home. MOTION by French, seconded by Christensen, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of vacation request, SAV #73-08, by Dennis A. Ranstrom, to vacate 20 foot drainage and utility easement line between Lots 10 and 11, Block 1, Rice Creep School Addition, to allow construction of a home on two lots, with the stipulation that the City retain a 6 foot drainage and utility easement on the South side of Lot 11, and that any part of Lot 11 that lies North or West of the Creek be dedicated to the City for park purposes. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Harris adjourned the meeting at 8:05 P.M. Respectfully submitted, Dorothy Eve on, Secretary Planning Commission Meeting - May 9, 1973 page 8 Chairman Fitzpatrick asked if this would change the size of the lots. Mr. Londou said two lots will be one foot less and two would be 1 foot more. The lots are of different sizes because the width of the lot depends on the size of the unit. Mr. Fitzpatrick said that administration has no objection to this replatting and the Plats & Subdivisions-Streets & Utilities Subcommittee recommended approval. MOTION by Harris, seconded by Lindblad, that the Planning Commission close the Public Hearing on the proposed plat, P.S. #73-05, by Darrel A. Farr Development Corporation. Upon a voice vote, all voting aye, the motion carried unanimously. • MOTION by Harris, seconded by Drigans, that the Planning Commission recommend to Council approval of the proposed plat, P.S. #73-05, by Darrel A. Farr Development Corporation, a replat of Block 10, Innsbruck North Townhouse lst Addition. Upon a voice vote, all voting aye, the motion carried unanimously. 4. VACATION REQUEST, AV #73-08, DENNIS A. RANSTROM: Vacate 20 foot utility and draina line between Lot 10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Mr. Dennis Ranstrom and Mrs.- Pat Ellis were present. Mr. Clark said the petitioner is contract : purchaser of Lots 10 and 11, and wants to build a home that would cover portions of both lots. This easement is not being used so administration has no objection to the vacation. We do have a storm sewer running East and West at about the location of the South side of Lot 11, and it is recommended that the City retain a 6 foot drainage and utility easement at this location. A large portion of Lot 11, is at Creek level and Plats & Subs recommended that any portion that was North or West of the Creek be dedicated to the City for park purposes. Mr. Clark said he thought it should be seriously considered getting a recommendation from the Parks $ Recreation Commission before this goes to the City Council. He said that in his opinion, anything South or East of the Creek couldn't be used for walking paths. Mr. Ranstrom said he has letters from the adjoining property owner that he has no objection to the vacation, and a letter from his architect explaining the problems of building on this property, which he would like to present to the Planning Commission at this time. MOTION by Harris, seconded by Blair, that the Planning Commission receive the letters from Floyd F. Foslien dated May 4, 1973, property owner to the North of the property, and Gordon Metcalf, Architect, dated May 5, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Harris requested that these letters be sent on to the City Council also. Mr. Clark said the petitipper is anxious to build this house this summer. If we wait for a recommendation from the Parks $ Recreation Commission 1 Planning Commission Meeting - May 9, 1973 Page 9 it could delay this into September before all the Public Hearings and readings of the ordinaces are through. You could recommend this for approval subject to the findings of the Parks & Recreation Commission and the Park & Recreation Department. They have June 11th as their target date for the Public Hearing by the Council. Mr. Fitzpatrick said if we continued this until May 23rd they could still have the hearing before Council June 11th. MOTION by Harris, seconded by Blair, that the Planning Commission continue until May 23, 1973 vacation request, SAV #73-08, by Dennis A. Ranstrom, to vacate the 20 foot utility and drainage easement line between Lots 10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots, until we get the recommendations of the Parks & Recreation Commission, the Parks & Recreation Department, and the Board of Appeals. Upon a voice vote, all voting aye, the motion carried unanimously. 5. RECOMMENDATION FOR VACATION OF 67TH AVENUE N.E. BETWEEN FRIDLEY STREET N.E. AND STINSON BOULEVARD Chairman Fitzpatrick said that in Item 2 we recommended vacation of 67th Avenue between Anoka Street and Fridley Street N.E. This leaves the area between Fridley Street and Stinson Boulevard that we should make some kind of recommendation on. Mr. Harris said this was discussed at the Subcommittee level, although no recommendation was made. It was felt that the balance of the street ease- ment on 67th Avenue should be vacated with the request that the adjacent property owners rededicate the property from the crest of the embankment back to the City for park purposes. This would help clean up the entire area. Mr. Fitzpatrick said the tax forfeit lot which is Lot 1, Block 1, Oak Grove Addition to Fridley Park, should be called to the attention of the Parks $ Recreation Commission. Mr. Blair said he wanted this called to the attention of Paul Brown also. Mr. Harris asked how the elevation was on the easement for 67th Avenue on'the lots under discussion. Mr. Clark said that most of the easement lies below the embankment. Mr. Drigans asked if Mr. Clark thought the people would agree to rededicating land back to the City for park purposes. Mr. Fitzpatrick said there would be people who wouldn't carp if the City holds this easement for a street or for park purposes. Mr. Clark said the area could be better controlled if it was decticated for park purposes, and we could make this known at the hearing. MOTION by Harris, seconded by Drigans, that the Planning Commission recommend to Council that when they have the Public Hearing for the vacation of 67th Avenue between Anoka and Fridley Streets N.E. teat they include the area between Fridley Street N.E. to Stinson Boulevard, subject to the property owners rededicating the property below the embankment back to the City for park purposes. Upon a voice vote, all voting aye, the motion carried unanimously, II 1F CITY OF FRIDLEY PLANNING COMMISSION MEETING MAY 23, 1973 PAGE 1 CALL TO ORDER: Chairman Fitzpatrick called the meeting to order at 8:10 P.M. ROLL CALL: . Members Present: Fitzpatrick, Lindblad, Blair, Drigans Members Absent: Harris Others Present: Darrel Clark, Community Development Administrator APPROVE PLANNING COMMISSION MINUTES: MAY 9, 1973 MOTION by Lindblad, seconded by Blair, that the Planning Commission approve the minutes of the May 9, 1973 meeting as written. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PLATS $ SUBDIVISIONS-STREETS -, UTILITIES SUBCOMMITTEE MINUTES: MAY 9, 1973 MOTION by Blair, seconded by Drigans, that the Planning Commission receive the Plats & Subdivisions-Streets & Utilities Subcommittee minutes of May 9, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION COMMISSION MINUTES: MARCH 26, 1973 Motion by Drigans, seconded by Lindblad, that the Planning Commission receive the Parks & Recreation Commission minutes of March 26, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MAY 10, 1973 MOTION by Lindblad, seconded by Blair, that the Planning Commission receive the Building Standards-Design Control Subcommittee minutes of May 10, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEAL$ MINUTES: MAY 15, 1973 MOTION by Drigan, seconded by Blair, that the Planning Commission receive the Board of Appeals minutes of May 15, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONTINUED: VACATION REQUEST: SAV #73-08, ENNIS A. RANSTROM: Vacate 20 foot utility and drainage eas between Lots 10 and 11, Block 1, Rice Creek School Addition, to allow construction of a home on two lots. Same as 6700 Arthur Street N.E. Mrs Dennis Ranstrom and Mrs. Pat �1jt5 were present. II 1G Planning Commission Meeting - May 23, 1973 Page 2 Mr. Clark said this item was continued until we had a recommendation from the Parks & Recreation Director and the Parks & Recreation Commission. Chairman Fitzpatrick said we do have a memo from the Parks & Recreation Director and the Chairman of the Parks & Recreation Commission is present. Mr. Blair said the Commission concurred with the Director in that we have no need for any park property from these lots. Mr. Drigans asked if the City has any easements that follow the Creek. Mr. Clark said no. Mr. Drigans said he didn't understand point five in the memorandum from the Park Department. This was a suggestion that the lots be left as they are. Mr. Clark said that meant to leave them in private owner- ship. Mr. Clark said this was also continued until this item had been before the Board of Appeals. Mr. Clark said the variance was approved subject to the vacation being approved. The Plats & Subdivisions-Streets & Utilities Subcommittee approved this request subject to a 6 foot drainage and utility easement being granted on the South side of Lot 11. Chairman Fitzpatrick said there was a gully on the property. Mr. Clark said there was no public right of way draining into this gully, and this • was to be taken care of by the.petitioner .at the time he was ready to start construction on the home. MOTION by Drigans, seconded by Blair, that the Planning Commission recommend to Council approval of the vacation request, SAV #73-08, by Dennis Ranstrom, to vacate the 20 foot utility and drainage easement line between Lots 10 and 11, Block 1, Rice-Creek School Addition, to allow construction of a home on two lots, subject to a six foot drainage and utility easement being granted on the South side of Lot 11. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONTINUED: REQUEST FOR A LOT JCLIT, L.S. #73-05, BERNARD JULKOWSKI: Split off part of Lot 6 and 7 Auditor's Subdivision No. 153, to develop land either multiple or co _cal. Mr. Berna Julkowski wa resent. Chairman Fit atrick i this item had been continued at the Subcommittee level so the adjac t pr p ty owners could be notified of this request. Mr. Clark said he a heard tonight that one of the owners is in the hospital, so no one o the apartment complex had appeared this evening to give any opinion on s operty. One of the new ers ha contacted the City recently asking to have the 'no parking' sig removed on nd Avenue. Mr. Jack Ge e1, District Sup isor for Robert Hall, and Mr. J. Klava, Manager of the ridley Robert Hall a at the Subcommittee meeting and said they had no ob ection to this lot spl' . �. -9gLl ✓.. .-L 1 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: 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 N.E. on Monday, June 11, 1973 in the Council Chamber at 7 : 30 P.M. for the consideration of the following matter: Consideration of a request for a vacation SAV #73-08 . by Dennis A. Ranstrom to vacate 20 foot utility and drainage line between Lot 10 and Lot 11, Block 1, Rice Creek School Addition, located in the North Half of Section 13, T-30, R-24 , City of Fridley, County of Anoka, Minnesota. Generally located at 6700 Arthur Street N.E. Anyone desiring to be heard with reference to the above matter will be heard at this time. FRANK G. LIEBL MAYOR Publish: May 30, 1973 June 6, 1973 The City Engineer said a Public Hearing should be set. MOTION by Councilman Utter to set a Public Hearing for June 11 , 1973 on the vacation request by Gilbert Menkveld, SAV X673-05. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MMJIC HEARING: CONSIDERATION OF A PROPOSED PLAT, P.S. #73-05, BY DARREL A. FARR PFVEL PMENT CORPORATION: A REPLAT OF BLCOK 10, INNSBRUCK NORTH TOWNHOUSE 1st ADDITION, The City Engineer said this had been taken care of and there was no action needed. CATION RE UEST S #73-08 )DENNIS A. RANSTROM: VACATE 20 FOOT UTILITY AND DRAINAGE EASEMENT LINE BETWWT, LOT 10 AND 11 , BLOCK 1 , RICE CREEK SCHOOL ADDITION, TO ALLOW gONSTRUCTION OF A HOME ON TWO LOTS The City Engineer said a Public Hearing should be set for the vacation of the utility and drainage easement. MOTION by Councilman Starwalt to set a Public Hearing for June 11, 1973 for the vacation request by Dennis A. Ranstrom, SAV #73-08. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoulsy. REC214IENDATION FOR VACATION OF 67th AVENUE N. E, BETWEEN FRIDLEY STREET AND STINSON BOU1,.EVARD. Councilman Nee said he would speak in opposition to the vacation. He said as long as the item would be considered he believed the other people who had not signed a petition should be notified. The City Attorney said the Council could petition the vacation, but it is uaually done by the property owner. The City Engineer said it, could not be used as- a motor cycle route as it is being used at the present time . He said when the area is a street easement, it cannot be stopped. Councilman Nee said this is contiguous to the park land. He said he did not think the City should vacate the property as they were talking about spending $2,000 for a small portion of land by Stevenson School. Councilman Starwalt said item number two and item number four were related. MOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting of May 9, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Starwalt said in item number two the elevation which set the point of vacation was 902 and just a block down it may not be a good elevation for such a vacation, Councilman Breider said if the people are not asking for the vacation, they should not take any action, _+ggly]NG_ THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF MAY 10, 1973; gONSIDERATION OF A REQUEST TO CONSTRUCT A DUST COLLECTOR TO THE PRESENT BUILDING LNATED ON LOT 26, BLOCK 2, CO'MRCE PARK, THE SA-111E BEING 7521 COMMERCE LANE N, E,_x ERI,DLEY, MINNESOTA se(REPUEST BY FQM PRO UCp TS, 7521 COM ERC LANE N. E , FRIDLEY, 111HUSQ 55472 ' THE MINUTES OF THE PUBLIC HEARING MEETING OF JUNE 11, 1973 The Public Hearing meeting of the Fridley City Council was called to order at 7:40 p.m, , .dune 11, 1973, by Mayor Liebl. PJZDGE OF ALLEGIANCE Mayor Lieb1 led the Coui,c.iI alai the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Nee , Breider, Liebl, Utter. MEMBERS ABSENT: Starwalt. ADOPTION OF A(;ENDA : Mayor Liebl said the 101. 1�,wJ-11, itee;); ","'IC to be added to the aKt,•rida: Introduction of new employees by Mr . James Hill , Public Safety Director. Letter of resignation of hIr. Gerald K. Davis, City Manager , effective August 10, 1973, MOTION by Councilman Nee to adopt the agenda as amended. Seconded by Councilman Breider. Upon a v,-�i-ce vote, all voting aye , Mayer Liebl declared the motion carried unanimously. INTRODUCTION OF Nl:'N POLICE OFFICERS BY THE PUBLIC SAFETY DIRECTOR: The Public Safety Director addressed the Council and the audience and asked the two new Police Officers to stand for the introduction. He introduced Mr. David L. Younkin, 1622 Carl St. , St. Paul, and said he had started Friday, March 26, 1973 and had immediately gone into Police Recruit training on the 27th of March, The Public Safety Director introduced Mr. Lawrence A. Chubb, 125 - 7th Avenue S,E. , Osseo, and said he had joined the force on June 2, 1973. He said Mr. Chubb is married and has one child. Mayon Liebl welcomed the new police department employees to the City of Fridley. RUAL_IC HEARING ON VACATION REQUEST SAV #73-08-)DENNIS RANSTROM, TO VACATE 20' M1J,I1X AND DRAINAGE LINE BETWEEN L l, BLOCK 1, RICE CREEK SCHOOL ADDITION, IQ 6LLOW THE CONSTRUCTION OF A HOME CHV TWO LOTS: The City Engineer said the Public Hearing notice had been published May 30, 1973, and dune 6, 1973, Mayor Liebl read aloud the Public Hearing Notice , MOITON by Councilman Breider to open the Public Hearing on vacation request SAV #73-08, Seconded by Councilman Utter. Upon a voice vote, all voting aye , Mayor Liebl declared the motion carried, Mayor Liebl asked if Mr. Dennis Ranstrom was in the audience. Mr. Ranstrom responded. PUBLIC HEARING MEETING OF JUNE 11, 1973 PAGE 2 The City Engineer said the property involved in the request is at the north end of Arthur Street on the culdusac. The City Engineer said there had been plans to install a storm sewer in the area, south of Mississippi Street which will run through this area to Rice Creek. He said if the Council would grant approval of the request, the pipe would be placed east and west rather than north and south. He said there could be a trade of utility easements on the property. He said he did have some reservations about the construction of a house on the property, but thty were only discussing the easement at the present time. He said the vacation would fit into the plans submitted to the City MOTION by Councilman Nee to receive the letters from Mr. Foslien, dated May 4, 1973, Mr. Metcalf, addressed to Mr. Ranstrom, dated May 5, 1973, and Mr. Brown, dated May 17, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. Councilman Utter questioned the City Engineer if he felt he would get proper drainage from the area with a bend in the pipe? The City Engineer said this would properly drain the area. The City Engineer placed a map in the overhead projector and said that the colored portion of the map represented the City's original plan for acquisition of property for park use. He said the property concerned is within the bounds of this future plan. He said some portions of the property are at road level . The City Engineer stated that if the Council wished to approve the request for the vacation of the easement, he would recommend requiring the owner to dedicate some of the low portion of the property to the City. Councilman Utter asked if there was an easement for 67th Avenue? The City Engineer said no, there was only one on Anoka and Stinson. He said the presently discussed easement is between the two lots. Councilman Nee asked if the land had beer tax forfeit? The City Engineer said he did not know and questioned Mr. Ranstrom on the point. Mr. Ranstrom said not that he knew of, Councilman Nee asked the City Engineer if there was a roadway easement for 67th Avenue? The City Engineer said no. The City Engineer said if the Council did not vacate the easement, this would make the lot unbuildable . He referred to page 1-G of the agenda, saying if the members of the Council would like to know what he was talking about, this indicated the pro- posed construction plan. Councilman Utter asked what the distance of the proposed fence would be from the house? The City Engineer said this would be eleven feet. He said the petitioner had also applied for a Variance, and the Board of Appeals had recommended approval of the variance contingent upon the vacation of the easement. The City Engineer said the recommended variance for the set back is from 35 to 11 feet. Councilman Utter asked if there is anything in the area now. The City Engineer said the City has a storm sewer pipe on the south line of lot 11. He said the proposed pipe would be 25 to 30 feet deep and the school had given the City an ease- ment for this purpose. PUBLIC HEARING MEETING OF JUNE 11, 1973 PAGE 3 The City Engineer said the property is difficult to i.uild on. He said there is also problems with the kick; it, the area. !Ic re �crred to a recant incident when someone had turned )n the ii.re hydrant . [le said he would like some assurance the house would not be washed dawn the hill . Councilman Nee questioncd the meaning of the statement made by the Director of Parks and Recreation, stating, it would seem he opposed the granting of the request, by the statement in the memorandum numbered 5, "Suggest we leave the lots as they are," The City Engineer sail this meant that they should be left as they are. Councilman Nee said he w ,, concerned ho-t: ono_ would get access from the south neighbor- hood. He asked if this would close the public access from the south. The City Engineer said it would not, as the School property which was adjacent to the property being discussed would allow access. He said the hill un the next street is very steep. He pointed out the various routes of the access un the map on the overhead projector. Councilman Nee asked if the creek could be made accessable from the south. He questioned the City Enginrcr if scups could be constructed on a drainage and utility easement. The City EngineLr said this could be done , but tie would question doing this merely for the purpose of public assess . The City Engineer said at the end of Fridley Street there is a culdusac and right of way to 67th. He said the area is very steep. The City Attorney said if 67th Street is vacated, as far as being a roadway, on the end of Fridley Street, the City could keep or give back right of way for an entrance for foot traffic, Mayor Liebl asked the City Engineer, if the Council approved the vacation of the 20 foot easement and would be granted the six foot easement, could the City live with this? The City Engineer said yes, this could be done on the school property. He said there would be no problems. The City Engineer said if the house is built on the property, he would like some evidence that it is built on stable ground. He said he would like to acquire a portion of the lower property for public use. Mayor Liebl suggested a letter of agreement for these items. The City Attorney said it was his understanding that Mr. Ranstrom would furnish soil tests on the property. Mayor Liebl said if Mr. Ranstrom would agree to the exchange of easements, the Council could do something about the vacation request. Mr. Ranstrom said if the City would require him to dedicate the lower portion of his property for public use, there would not be any living area on the entire piece of property except the top portion which will be completely occupied by the Construction of the home. He added, nothing else is usable because of the steepness of the terrain. He said if the west portion of the property abutttag the creek was to be taken for public use, there would not be any use for the land at all. He said he would not build a home, if this were a condition. BLIC HEARING MEETING OF JUNE 11, 1973 PAGE 4 Mayor Liebl said he would like Mr. Raustrom to come forward and point out this area on the man. Mayor Liebl asked Mr. Ranstrom to point out the area of concern mentioned by thu architect in his letter. Mr. Ranstrom said Mr. Metcalf, the architect, was concerned about the Swale on the west portion of the property. The City 'Manager said the easement cuts the buildable portion of the property in two pieces. Councilman Nee asked about the flood plain zoning and its implications on the property. He said these implications may be substantial, The City Engineer said the Flood Plain may involve the lower portion of the property but the construction would be at street level. Mr. Ranstrom addressed Councilman Nee refering the statement in the memo received by Mr. Paul Brown had been clarified by Mr. Darrel Clark, Community Development Administrator, at the May 23, 1973, Planning Commission Meeting. Mr. Clark, had said said this would mean to leave the property in private ownership, not that the Property should remain untouched, Mr. Ranstrom said. Councilman Nee said this would mean without public. ownership. Mayor Liebl read the six points in the memorandum submitted by the Director of Parks and Recreation aloud to the Council and audience. Councilman Nee asked Mr. Ranstrom if he was saying that he would not cooperate in the dedication of land to the City? Mr. Ranstrom said he would not build if the land had to be dedicated to the City. Mrs. Barbara Hughes, 548 Rice Creek Terrace, asked if the lots go into the middle of the creek? The City Engineer said yes, and pointed out the area on the map. Councilman Nee said the Public is making quite an investment and he thought the City should watch this. Councilman Breider asked how much property was being talked about for the walkway easement? The City Engineer said all he was saying is that this property had been in the plan. He added the top area is a good buildable site. He said if the City wanted to connect the south side of the property, they should have some easement, Councilman Braider sdid it was his opinion that the public does have access. He added, the people can go through there by canoe. The City Attorney agreed saying, the water surf$ce is public and cannot be regulated by the property owner. The City Attorney said there would have to be an easement at the bottom of the lot, or they could not get there. Mayor Liebl said the persons using the creek would not be able to stop off on the private property. Councilman Breider asked Mr. Ranstrom if he would dedicate land for trails on the property if it is needed in the future for the overall park plan. PUBLIC HEARING MEETING OF JUNE 11, 1973 PAGE 5 Mr, Ranstrom said if there were a trail to cross the creek and enter on some portion of the property, the trail would have to be directed immediately back across the creek, as there is no place to continue a path on the steep terrain. He added, if the City thinks it would be a good thing to install paths on the property some time in the future, I will agree and dedicate the easement at that time. Councilman Breider said if Mr. Ranstrom would not agree to grant the easemegt for the path, and the City were in trouble some time in the future, the City would have to condemn the land, He said he would like assurance that if this is needed at a future date, that thay wil , not have to fight about it. Mr. Ranstrom asked how much of an easement they were talking about. Councilman Breider said there is no firm handle on the size. The City Engineer suggested Z feet along the back portion of the property. He said the people would come anyway. He said he had wanted all the lots in the open area. He added, there has been requests for bird watching enthusiasts to use the area. He said it is a nice site for a house, Mrs. Hughes said thiq section is included in the Anoka and Hennepin County tr.,1.I system. She said ttii,,. is a joint agr _ct��.c��t . She added, she ,ould not like to cc ,e up the creek and see a landscaped back yard. She said she would like the property to remain in a natural state . She said she thought this may be a point taker by the property owners of the area. Mayor Liebl asked Mr. Ranstrom if in the future he would give the City walking and canoe trails? He questioned Mr . Ranstrom if he would give the City a little bit of the property. He said he would recommend that Mr. Ranstrom agree to the six foot utility and drainage easement on the southly line of Lot 11, so this could be made a matter of record. He said he could go along with requests by Mr. Ranstrom if these agreements were made . He said he would not want the City to be liable if the house shifts. Mayor Liebl said the house plan was beautiful and seemed to be quite a large house. Councilman Breider said it Would be difficult to do landscaping because if the land is disturbed, or the vegetation is destroyed, there would be all sorts of trouble. Fa said he dic; not know how the property could be sodded other than nailing Che sod Own. Mr. Ranstrom said he hoped to keep everything as natural as possible. The City Attorney suggested preparing a tentative proposal for action the next week. He said there should be some determination made as to the size of the easement for the possible walkway. Mr. Liebl said Mr. Ranstrom said he cannot give up the whole back yard. Mayor Liebl asked Mr, Ranstrom how deep the lower portion was? Mr. Ranstrom said the portion on the west is 45 to 50 feet deep. Mayor Liebl said it was the original intention of the City to develop nature trailing. He said some of the northerly portion of the area had been deeded for this purpose, He added, he would not want. to put a stop gap in the area if this portion is needed to complete the pl s in the future. IF ELIC HEARING MEETING OF JUNE. 1.1, 1973 PAGE 6 Councilman Nee said he had some doubt this would be satisfactory to Mr. Ranstrom. Councilman Nee asked Mr. Ranstrom if he W:anLed to sell the land? He asked Mr. Ranstrom how much tie wanted for the loLs? ^1r. Ranstrom dial not respond. Councilman Nee said ht would not want to act on ch, matter that evening, but like Mr . Ranstrom to give this; some thought, Mr. Ranstrom said if the City would take the bottom portion, he would not build there. Councilman Nee said he doubted whether there should be a home built in that area. He said there are a number of problems. Councilman Nee ssid he understood why Mr . Ranstrom wanted to build. Councilman Nee said he was on the site, and it is beautiful. i Mr. Ranstrom said the City's plans tor the area and the ma that was being offered Y P P g to the Council by the City Engineer had not been brought to his attention when he had applied for the vacation or the variance. He said he had a considerable investment in the project :.it the prv�,ent rime . Mayor Liebl asked Mr. RansLCOm if he owned boLit lot,;. Mr. Kanstrom said he did. Mayor Liebl asked if there were any more questions by the Council? He asked if there were any more questions by the audience. There was no response. MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye , Mayor Liebl declared the motion carried unanimously and the Public. Hearing closed at 8:20 p.m. Mayor Liebl said the Council usually takes action on such matters at the meeting following the Public Hearing. Mayor Liebl said he would like some assurance that Mr. Ranstrom would agree to canoe trails and trails as such, some time in the future if they are needed. Mayor Liebl said they would have to acquire land in the area. He said the City does have some land in the area now that has been either bought or donated. He said there are pros and cons to the issue. He said he would like some agreement that the City would not be held liable for the construction that is built there. He said there is accessability on the south side. He would also like an agreement to the granting of the utility easement on the south side. Mayor Liebl asked the City Attorney to give an opinion on the requests. The City Attorney said it would be legal if it is in the best interest of the City. He said the Council would have to make the decision. He said such an agreement could be put in the file and be part of the records of the County. Mayor Liebl asked if the City would have to receive the concurrance of other people. He. asked if the Rice Creek Water Shed District had been contacted. He said he had been told that they recently opposed the construction of a structure and had refused to allow its construction. The City Attorney said he questioned what authority they had. The City Engineer said this could be offered for their review, but he did not know beyond this what could be done by them. Mayor Liebl asked if this would have to be reviewed Rico Creek Water Shed District, The City Attorney said he did not know s t rUTU aihd regujatioc s •. PUBLIC HEARING FETING OF JUNE 11, 1973 PAGE 7 Mayor Liebl said he would like the City Manager to draw up an agreement with respect to Mr. Ranstrom's requests . The City ManabLr said tie would do this. Mayor Liebl said the Ward Councilman was not present that evening, tie was vacationing in Montana. He said the Council would make a decision on the matter the following week when the Councilman of the Ward, Starwalt was present. Councilman Breider directed the City Manager to have an agreement drawn up. The City Attorney said the plans should not be submitted Lo the Rit-c Creek water Shed District until after the Council takes action. The City Attorney directed the City Manager to find out when and where the Rice Creek Water Shed District would be meeting. The City Engineer said their review is only a formality and would be necessary for a large structure only. Otherwise, they would not be concerned, but they can be given a chance to review the plans. XUBLIC HEARING ON VACATION REQUEST SAV #73-05, GILBERT MENKVELD. TO VACATE PUBLIC MSEMENT ON 67th AVENUE, BETWEEN ANOKA STREET ANI) FRIDLEY STREET TO ADD 30' TO THE NORTH/SOUTH DIMENSION OF LOT 1, BLOCK 2, OA GROVE ADDITION TO FRIDLEY PARK, MKINg IT A BUILDABLE SITE: MOTION by Councilman Breider to waive the reading of the Public Hearing Notice . Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the -motion carried unanimouslr'and the Public Hearing opened at 8:21 p.m. Mr, Jim Nielson, addYwssed the Council and stated he was representing Mr. Gilbert Menkveld. ..R Mr, Nielson said the addi"ti.on was platted in 1880 and one of the oldest additions in the City of Fridley. He',said the street which the vacation request was submitted for is 30 feet in width and had been vacated in the adjacent addition which is the Rice. Creek School Addition. Mr. Nielson said Lot 1, Block 2, of the. Oak Grove Addition is 40 feet in w*dth and- by vacating 67th Street, Mr. Menkveld will be able to create a 70 f�'oon'tr lot. He aid 67th Street has never been opened. He said the elevation of the pose stre is from 902 to 863 in elevation, which would make it impossible t uct a, s eet except by the installation of a bridge , Mr, Nielson said it ould be to the b nefit of the City to vacate the street as the people may rmeday request this bridge and it would be a considerable expense to the City. Mr, Nielson sa;A the property owner is willing to give the lower portion of the land to the C,ety for park purposes. Mr, Nielson said Mr. Menkveld is selling the property to his partner for the purposes of him constructing his home on this lot. He said he feels the house will be a compliment to the neighborhood. He said the property discussed has been tax delinquent twice in the past. Mayor Liebl said he had questions about the information on page 2-A. The City Fngineer said the garage would be on the south side of the lot. He said he would like to point out there had beezl gpposttigp to the vacation by the people of the R91ghborhood, The City Engineer said the letters fr9m the opposing neighbors ware in ihe-Agenda.� REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 10 RECEIVINQ THE MINUTES OF THE PLANNING COMISSION MEETING OF MAY 23, 1973: C NTINUED: VACATION REQUEST: SAV 7673-Q8 DENNIS A. RANSTROM: VACATE 20 FOOT UTILITY AND DRAINAGE EASEMENT LOTS 10 AND 11, BLOCK 1, RICE CREEK SCHOOL ADDITION, TO ALLOW CONSTRUCTION OF A HOME ON TWO LOTS. SAME AS 6700 ARTHUR STREET N. E. The City Engineer said a Public Hearing had been set for June 11, 1973 on this item. PO TINUED: QUEST FOR LOT SPLIT, L. S. #73-05, BERNARD JULKOWSKI: SPLIT OFF SRT OF LOT 6 AND 7, AUDITOR'S SUBDIVISION NO. 153, TO DEVELOP LAND EITHER MULTIPLE Qa COMMERCIAL,: The City Engineer said there was action required on the item. JMR USE DISCUSSION; RODGER CHRISTENSON: PROPOSAL TO CONSTRUCT A SCHOOL GARAGE ON LOT 1, AND THE NORTH 25 FEET OF LOT 2, BLOCK 6, RICE CREEK PLAZA SOUTH ADDITION. �St�TB�IECT TO ALL EASEMENTS OF RECORD. The City Engineer said this item concerned the proposed construction of a School Bus Garage by Rodger Christenson. He said a letter had been submitted by Mr. Carl Newquist, Attorney for Mr. Christenson. MOTION by Councilman Utter to receive the letter from Carl Newquist in regard to the construction of a school bus garage dated May 30, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl read the letter to the. Council and audience. He said nothing could be done on the matter that evening. Mayor Liebl said Mr. Christenson was trying to make an offer to the City for the land for $35,000 or perhaps less. He said he understood the complaint of the neighborhood, but the applicant has to be out of the current business structure by fall. He said he would like to know if the City could exchange land or reimburse Mr. Christenson. Acting City Attorney, James Gibbs, said he had talked to Mr. Herrick and there was some question on the value of the land. He said the land is zoned light industry and the applicant could build the proposed structure on the land. He said perhaps there could be an adequate compromise worked out. He said it was his considered opinion that Mr. Christenson had a right to build the school bus garage on thl property. MOTION by Councilman Breider to table the item to June 11, 1973 and that the Administration investigate the possibility of using the land for a park facility and exchanging some other facility. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayon Liebl declared the motion carried unanimously. MOTION by Councilman Utter to receive the Planning Commission minutes of May 23,1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. BECEIYING BE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL SUBCOMMITTEE ,MEETING QF MAY 24,, 1973: CQ §ID§RATION OF A REQUEST TO APPROVE THE REMODELING OF THE RESTAURANT FOR THE PURPOSE F JERVING FOOD COCKTAILS, AND BEER LOCATED QN AUDITREDIVISION #153 IAT 2 URgEL 80, THE SAME BEINC 5247 CENTRAL AVENUE N. E. ,'-PRIVLEY, MINNESOTA. (REQUEST BY HOW JOHNSON - GROUND ROITND - 2100 NORTH SNELLTNG AVEN?,, ROSEVILIZ7. MINNESOTA 55113)4 .c ....• +...aM .+.r r1 n i- .. � ,. �� i . . .. i l III l REGULAR. COUNCIL MEETING OF JUNE 4, 1973 PAGE 9 Mayor Liebl said he knew of the area and he thought Mr. Bauman was trying to solve the problem by the construction of the garage. He said if the garage is put in, there has to be a driveway and also a set number of parking spaces. Mayor Liebl said gravel does not do the job, Mayor Liebl asked Mr. Bauman if he could make some kind of commitment to the Council on the installation of the pavement? He said the curbing would not be included. Mr, Bauman asked if he could put in crushed rock? Mayor Liebl said this would create move problems. Mr. Bauman said he would like blacktop, himself, but it was •very expensive. Mayor Liebl said this did not have to be done for two years. The City Engineer suggested the deadline date for the construction of the blacktop parking area be June 1975. He said if this is not feasible, he can come to the Council at that time and it can be discussed. The City Engineer said at least the parking lot should be required, and the curbing can be waived at this time. The City Engineer said they could continue discussing the matter the entire evening. He said he would suggest Mr. Bauman set a date at June 1975 for the installation of the blaektopping in the parking area and if he is unable to meet the commitment come back to the Council at that time. MOTION by Councilman Nee to grant the building permit for a three stall garage with the stipulation that the required paving for the parking lot be installed by June 1975. Seconded by Councilman Utter. Mr. Bauman said he would be appearing before the Building Standards Design Control Subcommittee and he would work out the necessary measurements for the garage with them. The City Engineer said there are some restrictions that must be confirmed to. Mr. Bauman said he would talk to the City Engineer later on these matters . Councilman Starwalt asked Mr. Bauman if he planned to rent the garage stalls? Mr. Bauman said the garage would be a place for him to work and do the necessary repair wort for the building and his automobiles. He said presently if he must fix something, he is forced to do it in his apartment . Councilman Starwalt said when a building becomes a hodge-podge repair building, it may become a fire hazard. Mr. Bauman said he could also take the car from the garage and have room to do repair work, he would also have a storage area he said. He also mentioned working on the Ford Coupe and putting it out of sight. Mayor Liebl asked if he planned to use the area for a repair shop. Mr. Bauman said not at all, just for maintenance on his own personal automobiles. The City Engineer said the main purpose of the structure would be the storage of cars. He said Mr. Bauman is currently short of parking spaces. Mayor Liebl asked Mr. Bauman if he would water the grass and put on some fertilizer. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RE_GLVAR COUNCIL MELTING OF JUNE 18, 1973 PAGE 4 CONSIDERATION FOR A VACATION Rh. UES ' SAV V73-0811I.NNIS A. Ri,NSTR',t.1, TO VACATE 20' UTILITY AND DRAINAGE LINE B1:"1WE.t'N AMS �`_t,tK;KI, RTC!-"_ REEK SCHOOL. ADDITION, TO ALLOW CONSTRUCTION OF A 110.11: ON ,OTS AND APPROVAL 0 :1t:iif,^'t;NC: The City Manager said ;.e. and the City iingineer had mut t-Ath Mr . Ranstrom that day and an agreement c0n�_:-ruing the property had been drawn tali. -Lie. City Manager said he did n , i of know i i � , ,1r . Kausti . �u h.1ci :i cl,.anet to t...view that agreement . Mr . Ranstrom said he had seen it. The City Manager said there had been some Stipulations wi ,.c•J v it Ln this agreement. The City Engineer passed copies of the pr,-i-osed agreement Lo tine members of the Council. Mayor Liebl read aloud the > y c. five stipulations in the agreement :end referred to the map in the agenda. Mayor Liebl referred to the first item stipulated and asked if the granting of the six foot easement on the south side of lot 11 would be enough foo the planned use. The City Engineer said the City would have Co get more :asem nt t � m the school property, but this would be enough from the applicants property. The City Engineer said the City would ,obtain the. control of the Franks of the Creek and if the City installs a walkway, which had not been determined at the present time, this would be feasible on the property being discussed. Mayor Liebl said they would have guaranteed accessability for the public. 1'he City Engineer said yes, they would have the access to the banks. Councilman Starwalt questioned the stipulation relating to the future ponding of the area. He asked if this would be related to the plans for the future storm sewer system and questioned if there was a state. law relating to this? The City Engineer said this would allow for creating an area such as Locke Lake in the future if the City chooses to develop a lake on the bottom area. The City Engineer continued by saying this does not mean that the City is going to do this, it means that the City- would be able to do this some time in the future, if it is necessary or desired. Councilman Starwalt said that in this event, the walkway would be washed out by the pond. The City Engineer said yes. He added, this would create a larger body of water. He said H i that the Cit Manager City M Ser hari thought that the walkway would have to be where it is, or it would be too close to the actual living area. Councilman Starwalt said at one time this may have been considered an undesirable building site. The City Engineer said he did not know if it is now. Councilman Starwalt said there are lots for sale to the east of the property being discussed. He asked if there was some method of informing the future possible owners of the circumstances of the area? lie said it would save some anguish and agony. He mentioned the information on the elevations that the City was planning to acquire, and asked if some information could be made availavle to the future , purchasers of those lots. He said this may save some time in the future. The City Engineer said the plans are available in City Hall, and the elevation information and guidelines had been set by the flood plain study . lie said the noted elevation of 856 feet is flood level in this area. lie said lie felt the information could be supplied. I� REGULAR COUNCIL. MEETING OF JUNE 18, 1973 PAGE 5 Councilman Starwalt questioned if there was an efficient method for these potential purchasers? The City Engineer said this would be difficult unless someone would call City Hall. He said it would be very hard to do this. Councilman Starwalt asked if the same conditions would prevail on the other lots? He asked if the elev,irion level would change for the other properties'? The City Engineer said the flood level would remain the same. The City Engineer said the other marking on the map indicated the walking easement the City will acquire, Councilman Starwalt asked if this would run to the crest of the hill. The City Engineer said no. He said the other property owner on the agenda is willing to give the City everything, this one is reluctant to give anything, Mayor Liebl referred to the swale on Lot 11 and said he would like proper piling in the area so the house would not be washed down. He said this would be a substantial investment, but would have to be done to utilize the land in the effected area. He said Mr. Ranstrom had given the City what they had asked for . He added, he had seen the site and the view was very nice . He said there is a handicap in that drainage may cause problems . He said he thought the applica:at could develop the land with the Council ' ,; blessing. He said he did not want Lh,.- City to be held responsible if some time in the future the house is sold ,nu the new owner would come in with a drainage problem and ask why the City had issued a building permit. The City Engineer said if the Council feels this could be approved with the stipula- tions, the property owner is :anxious to get started, and he would recommend the Council authorize the approval of the agreement, approve tl.e variance, execute the agreement and approve the first reading of the ordinance. He said they could approve the first reading ;it this time. MOTION by Counci St:;rwal t 7_�, :ipprovt thr- agreement with t:. , five points stipulated, authorize the i;t ioil of the i;;, ecm,2nt , approve the variance. and adopt the first reading of the ,)rdi,ljiii_( ()n Le t s i0 and 1 t, Block 1, Rice Creek School Addition, as requested by Mr. Ranstrom, waiving the reading. Seconded by Councilman Utter. Councilman Nee asktd if the sewer way t ,, di ,, in the swamp down the street? The City Engineer said the city would need a 100 lo,,t casement for the project. He said with the constructir,n ut the home , the pipe would be bent. The City Engineer said there is agreement �,ith the schcof for the 100 foot easement on the school property adjacent to Arthur S_reet . t,ouncilman :lee asked which was the better route hydraulically? The City Engineer said they are both eaial. IIe said this would not change the price any. He said tl (, arca , ai is s , 1,o,:t , i t war.:td go into Lite creek to this level . The City EngincL i s.ai,, the Ci :; did 1) �c ,ua ,:,isement along tine school property, and this would be on tnt north side of the school and he hr;ped they could work out some agreement. Councilman Nee asked how far above the normal level of the creek is the 856 contour? The City Engineer said the normal level is probably about 850 or 851 . He added, it would indicate about a five foot rise of the area. Councilman Nee pointed out an area on the map where the 856 elevation appeared to go into the creek. He asked if there would be enough room for a walkway there. The City Engineer said they had tried to define contours of 856, and this was most easily defined by a straight line. He said it was his basic intent to have the walk- way as close to the water as possible and preserve the banks. The City Engineer said it is very remote that a walkway would be constructed in this area, this would be ,one on the north side of the creek. He said they would like to have control of the bay rs on boil: sides of the crc A. REGULAR COUNCIL `fL•'ETLN'G OF JUNE' 18, t9/3 PAGE 6 Councilman Utter asked it this was Like .•n i v portion at properLy that was not owned by the City. T'hc t'i Ly Env itceei pointed out :i section on the tuorth side of the creek that is tax iorleit and it: contra, of the State tit Niikukesota. He pointed out a piece propert} directly Lo tliv north of tt. LS property being dis..ussed, stating it is in privat.• ownership and wi l l t . (I.•di.L-A Led to the Cit , when the developer changes zoning for th.: nottheriy nor, iun o; the plece. tie poinLed out the portion to the east, southt a-.t -!id nart-.-t ast , stat .,.ug Lhi., was +1So in the ownership of the individual who intend., devel.-p thv northerly portion. - Councilman Starwalt asked if lot two on the northerly portion of the area was tax forfeit?. The City Engineer said yes. Councilman Breider asked where the pipe and man Ilk IL are in rel::t.i.on to the lots being discussed. Tile CiLy Engi:,CLI said this waa on Lite south si.de of this property. Councilman Breider asked the position of the man h0iL :ind ti-i( City Engineer said the pipe is routed from the catch basin t+) the nia:,. hole an.i dropped down to the culvert which empties into the creek. Counciiman f,rei-der asked it storm sewer system was on the south line at the present time . Councilman :;tarwalt said he believed this to be adjacent to and off the property. The City Enginv.er said this is on the school property. rhe City Engineer said tLis a shallow aystum, the other will be 30 feet deep. He said the City would need a large Area Lo place Luis system and they would acquire this from the School. Councilman Breider asked the City Engineer what effect this would have on the house when the ditch for the pipe: is cut? He said if tite house is eleven feet from the property line, what efiects would this have on the structure? The City Engineer said the pipe would be moved far enough to the south so it will not hurt the area . He said they had required 100 feet for this purpose on Arthur Street. . Councilman Breider said he would not want Lhe City to go up there and take the house along with it . Councilman Nee said the interest of the City to vacate the easement had not been demonstrated to him. He said if it was vacated, they may come back and ask us what we are doing. He said he thought this was a very tenuous case at best, and he believed there were some reasons not to do this. Mayor Liebl said at the Public Hearing they had authorized receiving recommendations of the staff and requested that the applicant not [told the City responsible. He said they had received five stipulations, he asked the City Engineer if the City could live with the five stipulations. The City Engineer said yes. fie said it would be in the benefit of the City as they had received some easements that they did not have at the present time. He said the future storm :;ewer construction would not be a problem. Councilman Utter asked if the City did have easement on the property now, lie questioned by giving this up if they had enough. The City Engineer said they had obtained some other easements for the walkway. Councilman Utter said he did not think there was enough room to get a 100 foot easement in down to the fence. He asked if the fence would have to be taken down. UPON A ROLL CALL VOTh, Starwalt, Liebl, Utter voting aye, Nee and Breider voting nay, Mayor Liebl declared the motion carried. REGULAR COUNCIL MEETING OF J1JNE 18, 1973 PAGE 7 Mayor Liebl directed Mr. Ranstrom to have the documents lrr points 1 , 2 , and 3 ready for the second reading, and to work with the City staff. Councilman Nee questioned if a three to two vote was sufficeut to vacate a drainage and utility easement. The City Attorney s�iid in some other occassions a four tote is needed, but in this instance, he believed it sh.)uld be n majority vote . CONSIDERATION 01' APPROVAL 01' VACATION REQUEST SAV #73-05 GILBERT MBNKVELD, TO VACATE PUBLIC EASEMENT' ON 67th AVENUl' RETIJEP:`+ ANO��A STREET AND F1:1DLEY S`T'REET TO ADD 30' TO THE NORTH/SOUTH DIMENSION OF LOT 1, BLOCK 2, OAK GROVE ADDITION -110 FRIDLEY PARK, MAKING IT A BUILDABLE: SITE: Mayor Li-ebl said at the May 9, 1973, meeting of the Planning Commission, they had recommended approval' of the request. The City Engineer said he would like to point out the area being discussed and referred to th map in the7agenda. He said there ig one 40 foot lot. Mayor Liebl said according the budding code, they could not build a house on this lot. He said they wool have �io go through this vacation. The City Fr.gineer said he cannot build. May r Lie1 said so, in order to allow the construction, the Council would have to appro t e vacation of the easement . The City Engineer said there is a 75 foot frontage mi 'mum requirement also, and this lot would only be 70 feet in front. He said the ap licant would need a variance to build on the lot with the vacated easement. r Mayor Liebl called o Mr. aig Willey, contract purchaser, and said he had promised at the Public lieari g that h would make his house plans compatible to the area. He asked Mr. Willey what he i tended to do. Mr. Willey address d the Counci and said he had planned a home which would blend in with the gener� l character of tie neighborhood and the embankment . lie said he had intended to i corporate a mans rd roof over the second story, allowing the second story to ook like the roof. He said the home would resemble a one story home. Councilman Brei er said if the building Ian is changed to be feasible with the neighborhood, h would still not favor the proposal of vacating the easement. He said the City would need the access on the high ground. Councilman Breider said he thought the City should retain the right of way and roadway. Councilman Breider said he doubted if anyone would want a trail through their front yard. He said the access could not be restricted to the line. He said he could see nothing but problems, and he added, he for one, had made up his mind and would like to retain the easement. Councilman Nee. said it was his view to retain the easement also. Councilman Braider said he would not want the man to go through all of this work. so he would like him to know that he would cot change his mind. The City Attorney said he had found the ruling on the vacation and it would require a four vote in favor of vacating thin easement in order to vacate a street, alley or highway. He said there is no mention of a utility easement, so he would not shed any light on this. He said there is no question how many votes it would take to vacate 67th Street. He said he had no information to this effect on the previous item. He said he had not found anything to the contrary, he assumed the motion could be carried with the three to two, majority vote. :i 64 Rc`GL•La; COU:;CIL 4ES'TI`„G OF AUGUST 20, 1973 PAGE 7 RECULAR COUNCIL MEETING OF AUGUST/ ••"0:TO:7 by Cocrcilr_in Sc::rwalt to n ST t0, 1973 If luild`-o;; Permit with the approve the Special Use Permit and the �c FaGE g Stipulation noted by the City Engineer, by Ccurcilrn Utter, Upon a voice vote, all vocin aye,t''a •''otion carried unanicwusly, Seconded g Y , Mayor Liebl declared AND tf03ZO^ by Councilman Ccarwalt to receive tha minutes of the Planning Comioission �/ C0_NSTDIAATTON OF 1SSUINC A BFfiiAr,%c PF.R?: t:eetir.� of August S. 1973. Seconded b RICL CItLL•'K SCtIOUL ADllI'1'tON (llt.t_! RI RMTT FOR LOTS 10 A,%D 11, B10CK� all voci:Z aye .�.°r Ll,, Y Councilman Nee. Upon a voice vote, 1 ul declared the motion carried unanimously, The City Engineer said that he recently received a letter noting some _ � ?.EC3IvP.:; .iiE ;;T:: TES U? u T..E BOAT? action that has nude it necessary for the City Council to ra.icv cl:a action U OF APPEALS MEETING OF AUGUST 14 2973; to be taken. The County has made a proposal to acquire land at a value of A requast for variances was received b the approximately the vaLc;riance of Abe per the letter$fromODavidThe Torkildson,for Direc WrcofsParLsnandiRecreationsof ?peals that only ori° variance Council iththe recommendation of foot varieace oc a side yard for parking, Anoka County, t^a merits such was prcucat to r orescut Mr, Carlton of Brookl If the BuildingPermit to t.z t:rr_+r" p by the County more expensive. RDiscussion thenanstrom is followedand the`favor asked °- the proposal and submitted the Brooklyn 1'001 and discussed acquisition = Pr°`%era.^.ts si�aed by the abutting Petition presented in favor of the tiie City Attorney if the request can be denied. The City Attorney said property owners. that the City can issue the Building Permit if the applicant mets all the v3 `y C°u^.cilran Braider to receive the requirements. S:an:alb Upoa a voice vote Petition. Seconded b carried unanimously. , all voting aye, Mayor Liebl declared the motion Mr. John Daubney, Attorney for-tile applicants, said initially an ease-a— needed to be vacated and the conditions that followed made the financing of the eri3i_al D_scus•sio: followed commenting on the ability of this va property owner to make arepropneodedmpolleisaid it was lisnundsrstandbeen ingethat .•luokarCounts or has,•noyconry ^d his willingness to do so, including landscaping the blecktoPp n3, The recent scornas well as available at this time, and might be able to get some around 1975, but the to cL, expansion of the parking area�betweenrthe buildingsin hnotedain the it outlook is not optimistic. application, Possible Mr. Daubney commented that Mr. Ranstrom at this time has a builder and a `-fO.IO?i by Councilman Braider to a commitment on financing and the lot has been f°llco:Cng stipulatior•s; approve the variance as requested with the take improved purchased, The County will not nd sufIcer already been acquired ybynthe tileCounty area 1along1the Creekatop`rty in she area has 1. The aare;rxat for a ccr.mon driveway be obtained. 2' be approved by the City Engineer, Mr. Daubney also went on to say that the a 3. The rear yard setbac La"-scaPIng 'r. to be 84 feet. requirements for Council consideration. application is without need of any eecgrdez! by Ccuncil:an Utter. Further discussion vas centered around the need for a walkway declared the cotioa carried Upon s voice vote, all voting aye, Mayor Liebl the creek and the applicant showed a willingness to coeperace. unanimously, i rate easement around v •I:, ?E SSl:?ES OF THE MOTION by Councilman Utter to ” 1S73c - FP,IDLEY t[b?fib RELpTIOVS'CO?1MITTEE MEETING OF JULY 20, stipulations: grant the building Permit with the following `.`0:10:; by Cou cilm-n Utter to receive the minutes of the human Relations Committee __ 1' A six foot utility easement on the south 6 feet-of-Lot-11. ctino_o JLC ---..------- 0, 1973, and nor concur-with their recommendation, b, Co r ilr Starwelr. Seconded 2, The applicant agrees to submit a letter stating that the City is not liable for warranting the buildability of the lot. D cus;_cn folleaed with Councilman Braider asking that if the Council is not re to concur with their recommendation that the City Council should make THE MOTION DIED FOR LACK OF A SECOND, n recd=6ndat_on for an alternative, a nu_:er of General concensus of the Council was that LOTION by Councilman Starwalt to table the requast due to the pts;ible Couacv express, `'g'•t for a quoram would be acceptable. The Cowicil wished to acquisition. r" t by this Motion, a concern for getting more people involved in the cr,=!Ctee. . THE MOTION DIED FOR LACK OF A SECOND. A VOICE VOTE, all voting aye, Mayor Liebl declared MOTION by Councilman Utter to grant the building the motion carried unanimously, stipulations; permit with the •-TCS PO:T 02 THE ACOUISITIOJ OF PROPERTIES following v� o `i" `-C" =•D?A C�L':;it'' S ALO.I'G RICP. CREEK INFOR- 1. The applicant grant a eix foot utility easement.on the southside of Lot 11. L 65 66 M- REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PACE 9 REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PAGE 10 2. The applicant will supply a letter to the City stating that the Councilman Starwalt said the neighbors are all aware of the possibility City is not liable for warranting the buildability of the lot. of restriction in the future of parking on Polk Street between Lynda and 3. The permit will be issued when an agreement between the City Attorney, Heckmann. the City Engineer and the applicant can be made on a walkway easementMOTIOA i along the creek. by Councilman Starwalt to adopt Resolution ,`;105-1973. Seconded by Councilman Braider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Se_c_ded by Councilman nee. Upon a roll call vote, Liebl, Utter, Nee, and voting aye, Starwalt voting nay, Mayor Liebl declared the motion carried. j RESOLUTION #106-1973 —RECEIVING THE PRELI'fINARY REPORT AND CALLING A PUBLIC OF CERTAIN LTROVn1EN TS: SS S S:. x'_'_4: HEARING ON THE MATTER OF THE CONSTRUCTION ''^.:75ID=RATION Or ACC-?T=`:CE OF STREET - 47EST BEN MORE DRIVE IN HEATHER .D ITIC_: -% CITY OF i":IDLEY FOR e_`-_lNTE-':A?:CE: MOTION by Councilman Braider to adopt Resolutior. "106-1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared ..J FVSby iJ(,UncilCu Utter to recelve the strecL. Sucunded by Councilman Brelder. the motion carried unanimously. C:ca a voice vote, all voting aye, Mayor Liebl declared the motion carried u cu,ly. RESOLUTION 11107-1973 - AUTHORIZING PARTICIPATION' IN TPS ?0 :t4IE AL F7R?TY: DIRECTING THE EXECUTION DELIVERY OF A JOINT POi,IRS AGREEMENT: AY) ^ _ A vl':AL REPORT EOR SORTh TOI-N CORRTDOR STUDY (BRIDGE OVER MISSISSIPPI REPRESENTATIVE OF THE CITY AS ITS MEMBER ON THE BOARD OF THE MEETRO RA=E K:.J -:JE `_VIE:?�? FOR III'Lt :i.;T6iL1Gti OF PkOGRPhI: ' - MOTION by Councilman Braider to adopt Resolution $107-1973. Seconded by Ccuncil- `:OTICN by Councilman Utter to receive the report. Seconded by Councilman man Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion Braider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. carried unanizculy. RESOLUTION #108-1973 - URGING THE CITY OF MINNEAPOLIS TO YWKE OPE3ATIOS':L 02 - ORDER".;; I:•`aR08= "f A*iD FINAL PLANS AND SPECIFICATIONS THE CAyIDEN BRIDGE: S_ =.c_S oz ',CST FOR ST. 1973-1, ADD:,-DUM 1i3: - AND Cs�ncilman Braider to concur with the resolutionand adoptResolution v -1573. Seconded by Councilman Utter. Upon a voice vote, all voting APPROVAL OF LETTER REGARDING CAMDEN BRIDGE TO BE S---T TO Oi;R STATE SENA OR ,_, Mayor LiebT declared the motion carried unanimously. AND REPRESENTATIVES MINNESOTA HIGHWLAY DEPARI'mEiT, BSD `ETROPOLI =-: CJ'S- : '103 - OPOERING liPR0VL`!c_iT A_?'D FINAL PLANS AND SPECIFICATIONS I MOTION by Councilman Nee to adopt Resolution '1108-1973. Seconded by Councilman C OF COS_ EG?. ST. 1573-1, ADDHiGDC 1 t4: Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion " carried unanimously. Y.7TIG_; by Councilman Utter to concur and adopt Resolution 11103-1973. Seconded � by Ccuncil ar. ':ea. Upon a voice vote, all voting aye, Mayor Liebl declared I MOTION by Councilman Nee to send letters to Governor Andersen; Mayor Stenvig; ..,,tion, carried unani.rmously. Chairman Richard Erdahl, Minneapolis City Council; Commissioner Ray Lappegaard, Representative Yzrtin Nicholas Coleman; Rep Minnesota Highway Department; Senator ic t -1973 --.0 e,:)E-P,1':C I1?R0VE:,:EPIT: APPROVAL OF PLANS AND 0. Sato, Chairman John E. Boland, metropolitan Council. Seconded by Council- _ '-itEETS OXTO THE EXISTING STREET IefYROVEMENT man Braider. Upon a voice vote, all voting aye, Mayor Liebl declared the _ motion carried unanimously. ST. 1973-1 '.;:r ^ D ST. 1-973-2 (C ,N1-E ORDER lit : � Councilman Breider to concur and adopt Resolution 11104-1973. RESOLUTION #109-1973 - AUTHORIZING -01D DIRECTING THE SPLITTING OF SPECLk. by Co_nci'_can Utter. Upon a voice vote, all voting aye, Mayor Liebl - ASSESSMENT ON PARCELS 1280 AND 1290 SECTION 3, ASB REPLITTING I\:0 SWA-NSON declared tae notion carried unanimously. ADDITION: - !0:- _Air;-1973 - AP?2 T.0 THE i<L'VISED LAYOUT POR A PROPOSED LOOPBACK IN MOTION by Councilman Breider to adopt Resolution 1109-1973. Seconded by _;TE2.SECTT0?; OF MINNESOTA T. H. #65 AND CE14TRAL Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the Tf:- kEVISED LAYOUT FOR THE II?YROVILMENP OF T. H. 1165 motion carried unanimously. -7j Cr-.N:-=L '.VP',iE I_:TERSECTTO.,: RESOLUTION 1~110-1973 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL Coencil.:an Starwalt commented that Polk Street will still be the same size. ASSESSMENTS ON OUTLOT F PARCEL 5000 OUTLOT G PARCEL 6000. :-3 OtiTLOT H, _ 7-e City Engineer said this was true, but they are also proposing a sidewalk PARCEL 7000 INNSBRUCK NORTH ADDITION AND REPLATTING INIO ISNS> L'CK \.-OATH own the west side of Polk Street. T014NHOUSES 2ND ADDITION: MOTION by Councilman Breider to adopt Resolution 110-1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 01 68 RrG---_4P. COU.NCIL MEETI`.G OF AUGUST 20, 1973 PACE 11 REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PAGE 12 B SOLUTIC:: 111-1973 - ATUT!O=PG ?_iD DIRECT.I-G THE COMBINING OF SPECIAL IAT 13 Ai:u 34, BLOCK 2 JW',IS— STREET ADD I•I'T ON: CLAIMS:: -- —P—- MOTIO:: by Ccuncil=an Breider to adopt Resolution #111-1973. Seconded by GENERAL 32846 - 33004 Cpunci h:,:: Sec. L';.un a voice vote, all voting aye, Mawr Liebl declared the =cticn carried unanimously. LIQUOR 8035 - 8121 '0 112-1973 - P7Ti:0RZIN_G 2,D D'IRECT_ING THE SPLITTING OF SPECIAL G.5 1-10, Bi O 3, OSA?;AY ADDITION: MOTION by Councilman Nee to pay the claims. Seconded by Councilman Starwalt. —_--- - Upon a-voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Cc ncilcsr. Breider to adopt Resolution ;1112-1973. Seconded by Upon a voice vote, all voting aye, Mayor Liebl declared LICENSES• carried unanimously. _ PUBLIC DANCE: BY APPROVED BY FEE"13-1973 �-! RI%ISG AND DIRE•.".TI2:G THE SPLITTIP:G OF SPECIAL ASS^S='.F:: 9 O:; LOT 3, E OCl' 2, PARCEL 40, FAST RY\CF ESTATES 2ND ADDITION: Fridley Student Council 6850 7th St. Councilman. Breider to adopt Resolution 11113-1973. Seconded by Fridley Student Council Public Safety $25.00 Upon a voice vete, all voting aye, Mayor Liebl declared Director __cried Unanimously. FOOD ESTABLIS2DIENT: 4-1573 - ;t.'i v LLT-G AND DIRECTING THE SPLITTING OF SPECIAL Green Giant Home & Garden LOT 4, Bi;C:. 2 r.:i:CE-. 50 EAST WiC1! ESTATES 2ND ADDITION: prorated - 7620 University Ave. Fridley Green Giant Comm. Dev. Adm. $18.70 -.'.10:; b,l Breider to adopt Resolution 1111/.-1973. Seconded by -:__- Nee. Upon a voice vote, all voting aye, Mayor Liebl declared GENERAL CONTRACTOR: tha __-: cr, carried unanimously. Essex Construction Corp. William Lewis C. Belisle DE:'' NECESSITY :OR AN ADDITIONAL TAX LEVY 7035 Wayzata Blvd. 1HE 10 .__LL LI`._iALION PROVIDED BY THE CITY C?.:::PER SPECIFYING Minneapolis, Minn. - ..- - :.?�nt� A:.0 C.Sh_12iG n FOR A _u.dLZC i.Ec=.RING ON THE SAME AND ALSO GALLII2G A P_cLIC c-':'I:: O:C E 2E_DiIURES TO BE ?LA-DE FROM REVENUE SHARINIG FUNDS: Leonard Construction Co. 2857 Forest Dale Rd. - MOTION by Ccu=cilman .dee to adopt Resolution #115-1973. Seconded by Councilman New Brighton, Minn. William Leonard C. Belisle .,.cider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried urzni=ously• Minnesota Package Products 3191 Viking Dr. =.T.R OF P°SIG:;ATIO"7 F30?! DIC, 3�R,TU, BOARD OF APPEALS: North St. Paul, Minn. Stanley Berry C. Belisle Councilman Breider to receive the resignation from Mr. Dick Royal Aluminum Products Inc. card of Appeals. Seconded by Councilman Utter. Upon a voice vote, 526 6th Ave. N. allvc:ing aye, _:oyer Liebl declared the motion carried unanimously. Minneapolis, Minn. Max Ostraio C. Belisle Mayor Lie?,l suggested that a certificate of Appreciation be prepared for the Springfield Homes next Council meeting and that the appointments for Mr. Farju's replacement and 3713 Foss Road N. E. for the i?uan Relations Cc::.::ission be put on the next agenda. Minneapolis, Minn. Lee Fupcho C. Belisle CC:SID- %TIC', O A CLAIM OF RONALD RIPLEY: D. F. Vizecky Contractors Co. 2659 Dupont Ave. S. MOTION by Councilman Utter to pay the claim. Seconded by Councilman Starwalt. Minneapolis, Minn. D. F. Vizecky C. Belisle Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Cliff Williamson Const. 1201 Turners Cross Roads- ' Minneapolis, Minn. Cliff Williamson C. Belisle Y . 81 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 6 recalled the reason for the street being torn up was because the water had not been turned on. Mr. Tiller added, the first street .was put in that area 20 years ago and it was a good tar street. He said he thought this street would have held up and felt there would be no reason for a new street today. He continued stating when the sanitary sewer and water facilities were installed, the street was never properly repaired and it was full of holes the following spring. Mr. Tiller inquired if the property owners were due some credit for the first street because it was not properly repaired and maintained. Mr. Tiller stated in the period of 20 years, he had paid for three streets. Mr. Tiller agreed to talk to Councilman Starwalt, but said if could not come to some agreement, he would get an attorney. He again questioned the reason for the street being torn up after he had paid the extra expense of installing three outlets, so the street would never have to be torn up. He added, this had been quite an expense. Councilman Starwalt responded and said he did not know why the three holes had to be dug in the street. He explained that he did reside near Mr. Tiller and he thought Mr. Tiller should consider the factor of the increase of traffic in the area. He thought this increase may be 500;0 over the last 10 years. He agreed the street that had been installed 11 years ago was a good street, but there had been a great deal of traffic on the street. Mr. Tiller said he was not speaking of the street of 10 years ago, he was concerned with the street of 20 years ago. He added, he thought that three streets in 20 years was a little more than working people can afford. t The City Engineer explained that the people of the area were not paying ' the total cost of the street, the final mat had not been installed and would not be installed for some time. He continued, the street is heavily traveled and the final mat would not be placed on the street for two years or so because of the settlement of the street caused by the clay in the area. He pointed out that this delay will increase the life of the street and take care of the settling. MATTERHORN DRIVE: The City Engineer listed the prices for Matterhorn Drive and said they would be $10.52 for the front and $2.05 for the side yard assessment or the same rate as the streets previously mentioned in the project. He stated the amount given to the people at the Public Hearing had been $12.00. INNSBRUCK NORTH DRIVE: I The City Engineer said the residents of Innsbruck North Drive would be assessed by lot at $2,821 .81 per residential lot, $62.82 per apartment unit and the iJ townhouse rate would be $115.84 per unit. Mrs. B. Lillimoen, 1583 Gardan Avenue, asked when the storm sewer would be placed in the area. The City Engineer said he hoped to acquire the money for the system through escrow and this would depend on how quickly the area developer. He added, this would be a matter of time and may be two to three years. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on Street Improvement Project ST. 1972-2 closed at 9:03 p.m. OLD BUSINESS: ORDINANCE #546 - VACATION, SAV #73-08;,,DENNIS RANSTROM TO VACATE 20' UTILITY �' AND DRAINAGE LINE 6ETWEEN LOTS 0 D 11; Bt-CK �-};- E CREEK SCHOOL TDDITI N, YV1ALLUW 111E CONSTRUCTION OF A HOME ON FWOTS; AND REAFFIRMING REE -E .. Mayor Liebl said he had received the letter from Mr. John E. Daubney of August 29, 1973, and after reading the letter, Mayor Liebl agreed with the requests concerning Lots 10 and 11, Rice Creek School Addition. He added, he had been at the location and had looked at the lots. 80 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 5 and did have drainage problems. He asked why his property was involved in the assessments at the present time. Mayor Liebl pointed out the City would have to follow the law of the land and and the policy which is always upheld by the Supreme Court which is those residing on the highest piece of land must also pay for the storm sewer facilities because their land is being drained onto the lower properties. Mayor Liebl asked the City Attorney for his counsel. The City Attorney said all properties contribute to the water and ultimate outflow and this has been the ruling upheld by the Minnesota Supreme Court. He added, this means all the high property as well as the low property. 1 He explained the policy of creating storm sewer districts and also subdistricts. He pointed out there are three subdistricts in this project which are A, B, and D, with D being assessed a lower amount because the amount of work in this district has not been as comprehensive as in areas A and B. The City Attorney continued saying there is no assessment being placed on the properties within subdistrict C at this time because there is no work being done in this area at this time. The City Engineer stressed there would be no development of storm sewer in area C because there is no development in this area. The City Engineer reviewed the priority levels of drainage through storm sewer systems within the City as one, all roads and public right of ways are to be drained first, and secondly, the drainage of low areas creating developable sites. He expounded, it is not the City's concern to drain every piece of low land, but if the developer wants the property drained, it would be possible to do so. A resident of the area asked if the whole City was to pay for the drainage of such a developers low lands? The City Engineer responded stating everyone t in the City will be eventually assessed for storm sewer systems. He explained at the present time, there are only a very few small areas that have not been assessed for the storm sewer and the property owners would be called in for Public Hearings and the assessments and improvements would have to be approved. He stated the same standards apply all over the City, and the plan is to provide this service for the entire City. MOTION by Councilman Nee to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8:35 p.m. PUBLIC HEARING ON ASSESSMENT FOR STREET IMPROVEMENT PROJECT ST. 1972-2: MOTION by Councilman Breider to waive the reading of the Public Hearing notice and open the Public Hearing on the assessment for Street Improvement Project ST. 1972-2. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 8:36 p.m. The City Engineer outlined the- standards in this improvement project would be high, but the people would be paying a normal amount for residential property in Fridley and the remainder of the assessment would be taken care of by State Aide street funds. MONROE STREET FROM MISSISSIPPI STREET TO 67TH AVENUE: The City Engineer pointed out this area would be $10.52 for the front per foot and the estimate had been $13.19. He added, the side yard assessment would be $2.05. GARDENA - ARTHUR STREET TO STINSON: The City Engineer stated the estimate for this area had been $13.14 and the proposed actual assessment would be $10.52 per front foot. The side yard assessment would be $2.05 per foot he continued. Mr. Bailey Tiller addressed the Council and said the City had torn up Gardena in front of his home in three places the past spring and his curbing had been broken. He thought the Engineering Department could have referred totheir location maps and only torn up the street in one place. Mr. Tiller t 82 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 7 Mr. John E. Daubney, Attorney for Mr. Dennis Ranstrom, addressed the Council. He pointed out that he had prepared rough drafts of the proposed deeds of easement as requested by the Council and he believed the deeds and letter were in the spirit and conditions agreed upon at the previous meeting of the Council. Councilman Breider said he thought the previous plan was without the request of a variance, and this was what had been requested in the first place. Mr. Daubney said yes, he would like to explain this matter. Mr. Daubney pointed out the two lots on the map on the easel and said there is a utility and drainage easement between the two lots and also a manhole and temporary storm sewer pipe which is partially covered and then extends above the surface of the ground on the south of Lot 11 to Rice Creek. He stated the applicant would grant the easement for the temporary pipe on Lot 11 for an exchange or release of the easement between the two lots. Mr. Daubney read the rough draft of the proposed deed of easement for the six foot utility and drainage easement to the Council. Mr. Daubney continued with the second part of the proposed negotiations concerning the walkway on the southeast side of Rice Creek and below the 856 elevation. Mr. Daubney read the deed of easement aloud to the Council. At the point in the easement where the width of the easement was included, Mr. Daubney asked the members of the Council if it was their understanding this was to be six feet in width. He said he would agree to this, or what the Engineering Department would consider a reasonable width. He added,the location of the walkway would have to be staked out by the Engineering Department and in order to reduce confusion, he believed the elevation should be established from the City's contour map from the Engineering Department. Mr. Daubney said there would be no argument as to the placement of the six foot walkway between the creek and the 856 elevation. He thought this could be left open at this time. Mr. Daubney said he would be willing to change the deeds in form if the City Attorney felt it necessary. He said he would ask the City to waive the right to the north/south easement between the two lots. The plan had been changed somewhat, he added. Mr. Daubney said he would request the Council approve the initial request for the variance of the front yard setback as the land is 'a little better and more firm soil conditions exist in this area. He continued saying the applicant had provided reports of soil borings done by Soil Exploration which prove the area to be buildable. Mr. Daubney explained the proposed site would be sufficient, but the new request would be better and would place the structure away from the walkway. Mr. Daubney said the initial request including the variance and the vacation of the easement had been reviewed by the Planning Commission and they recommended approval of the request. Mr. Daubney said it is his understanding that this action would comply with the City Code. Mr. Daubney said the Council had requested an indemnification agreement be submitted by the applicant, stating in substance, if there are any problems with the subsoil , the applicant would hold the City harmless. Mr. Daubney said he had prepared an agreement that would be subject to the City Attorney's approval , but he would like approval of the agreement in principle. Mr. Daubney said he would submit the documents to the City Attorney and the City Engineer for the approval of the final form. He said he would ask the Council for approval of the matter that evening. Mr. Daubney said he would like approval of the two deeds of easement, one for the west side of Lots 10 and 11 for the walkway, and secondly, for the south side of Lot 11 for utilities. Mayor Liebl said he felt the applicant and Mr. Daubney had cooperated with the City by furnishing the agreement to hold the City harmless for the building. He questioned if the amount of the easement should be more than six feet. Councilman Breider said this is all the Council had asked for. The City Engineer recalled an agreement had been worked out. Mayor Liebl read the points in the agreement: 1. That the applicant dedicate a six foot utility easement on the south side of Lot 11 . Mr. Daubney agreed to this point. 2. That the applicant dedicate a walkway easement on the northerly portion of the lots following basically the 856 contour elevation. Mr. Daubney said the applicant would agree to this point. 3. That an 1 _ 83 a REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 8 { easement be dedicated for the purposes of ponding the northerly portion of the lots following, basically the 870 contour line. The City Engineer a said this point would be deleted in the agreement. 4. The property owner agrees to hold the City harmless if there is structural or other damage to the buildings, caused by a water main break, or water running off the a banks of the lots, due to the steepness of the terrain of Lot 10 and 11. Mr. Daubney said he would agree to this point, but would not hold the City harmless for any negligence. The City Attorney said this was how the discussion had gone at the previous meeting. Point 5 read, the property owner will supply the necessary doucments for points 1, 2, and 4 before the second reading of the ordinance. Mr. Daubney said the indemnity agreement to hold the City harmless would be subject to the approval of Mr. Herrick. The City Engineer pointed out that the original agreement contained a point that an easement for a lake would be given at the 870 contour line. He a explained he should also give the Council more facts about the matter. The City Engineer stated the Metro Council had approved a plan for the parks j in the area. There is a request for a building permit and the City cannot i hold up the applicant any longer. The City Engineer said the County had been in contact with him and requested the issuance of the building permit 1 be held for a period of three months, and he had advised the County that the City could not ask the people to wait for a permit for another three months. The City Engineer said he felt if the County wanted the property, they could negotiate for it or allow the people to build on the property. He added, the applicants have quite a bit or work and effort into this project. He advised the Council that the County would be acting the next day on whether to acquire the property or let the people build on it. He thought they should not be working on cross purposes and the ponding easement was the only question and this portion could be deleted. i Mr. Daubney said it would take several days to get the necessary documents in final form. He continued, he had been advised there are no funds avail- able on the County level for this project this year. Mr. Daubney stated he would ask the Council to approve the requests in principle. He said the applicant is not asking for any rezoning and this would not change the value of the property by issuing a building permit. Councilman Starwalt said he had a couple of items he would like to mention. He brought to the attention of the Council that a vacation had been turned down in the vicinity of this location, prohibiting the issuance of a building permit. He added, this was on another proposed house one block east of this site, and the reason for denial of the request was that the structure was not in line with the other homes in the neighborhood. He added, he had voted in favor of this street vacation. In the future, he said, the whole area may possibly be park land or used for other purposes. He repeated the point brought out by the City Engineer that the County people have their eyes on the property. He thought this matter should not be resolved at the present time. Councilman Starwalt said he had talked with Mr. Ranstrom concerning the matter. He thought if the area were to be developed into a ponding area, there would be a need for the third point in the agreement, and the walkway would also be needed. Councilman Starwalt said he would suggest the matter be resolved by the County before the Council would take any action on it. Councilman Utter said he had talked to the applicants. He said he did not believe the City had the ultimate jurisdiction and if the State would need the property, they would condemn it. Councilman Utter addressed Councilman Starwalt and said the other vacation request in the area was for the vacation of a street, not a utility easement, and the vacation of the utility easement would not be an injustice to those people who had been denied the request. Councilman Utter stressed, the people would be using their own property to build, and this would be all, The City Attorney advised the Council that the property owner would be entitled to a building permit. He stated, this is a matter of law, and the City would have to grant a building permit if .the applicant had not requested any waivers, variances or vacation- of easements. He pointed out %�Z4 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 9 the property is properly zoned, and the property owner is entitled to a building permit. He said in this case, the applicant is requesting two things, a variance of the front yard setback and the vacation of an easement. The City Attorney said the City would not have to grant these requests, and the property owner would not have to grant the City's two requests. He added, the Council has asked the two things they desire and this would have to be the owner's decision. He continued saying, he was not indicating what the Council should do and he was not trying to say this is a good or a bad trade. The City Attorney said the City has been asked to do something, they do not have to do, and the owner has been asked to do some- thing, he does not have to do , and legally, there is no requirement on this. Mayor Liebl said the Council had been over this matter four times, and he felt it to be only a matter of aye or nay. He said the property owner would not have to give his property away and if he holds the City harmless, nobody will be hurt and it will be the property owner's prerogative to build a home. Mr. Daubney agreed with the City Attorney stating, the City could give nothing and the applicant could give nothing. He explained it was his purpose to negotiate something for the City and something for the applicant. MOTION by Councilman Nee to table the matter for one week. Seconded by Councilman Starwalt. Upon a voice vote, Nee and Starwalt voting aye, and Liebl , Breider and Utter voting nay, Mayor Liebl DECLARED THE MOTION FAILED. i MOTION by Councilman Utter to waive the second reading of the Ordinance, to adopt the second reading of the Ordinance, and approve the variance, and that Mr. Daubney, the City Attorney and the City Engineer come to an agreement on the six foot walkway easement on the north side of Lot 11 between the creek and the 856 elevation, and that the applicant grant a six foot utility a and drainage easement on the south line of Lot 11 , and that the applicant will submit a letter holding the City harmless for any structural damage ; caused by the soil conditions or steepness-of the terrain, and that the applicant provide documents for items one, two, and four before the publication of the ordinance. Seconded by Councilman Breider. Upon a roll call vote, Starwalt voting nay, Liebl voting aye, Utter voting aye, Nee voting nay, and Breider voting aye, Mayor Liebl declared the motion carried three to two and Ordinance No. 546 adopted. CONSIDERATION OF FIRST READING OF AN ORDINANCE REGARDING TRUCK PARKING TABLED AUGUST 6, 1973): Mayor Liebl suggested receiving the •ordinance. MOTION by Councilman Breider to receive the ordinance and that any discussion or r action on-the first reading of the ordinance until the next meeting of the E Council. Seconded by Councilman Nee. The City Attorney pointed out he had obtained some of the material from the code and some definitions from the State Statutes. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously., NEW BUSINESS: APPROVAL OF BUS SHELTER AT INTERSECTION OF MISSISSIPPI STREET AND T.H. #47: MOTION by Councilman Breider to approve the bus shelter on T. H. #47. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said there should be an opening in the fence from the south. CONSIDERATION OF AN ORDINANCE DESIGNATING CREEK AND RIVER PRESERVATION DISTRICT REGULATING THE USE AND DEVELOPMENT THEREOF, THE ISSUANCE OF PERMITS, PROVIDING PE L IES FOR VIPAIN ORDINANCE): 85 REGULAR COUNCIL MEETING OF SEPTEMBER 10, 1973 PAGE 10 MOTION by Councilman Breider to table the consideration of the ordinance until later in the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR APPROVAL OF SIGN PERMIT AND WAIVING FEE: APPROVAL OF LEASE AGREEMENT FOUNDATION FOR ISLANDS OF PEACE, INC.): MOTION by Councilman Utter to approve the sign permit as requested by the Foundation for the Islands of Peace, Inc., waiving the fees. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to table the consideration of the lease agreement. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF A FRONT YARD SETBACK VARIANCE FROM 35 TO 20 FEET, 560 IRONTON STREET 9-7 E., BY MERLIN' BRU K0 : MOTION by Councilman Nee to receive the letter requesting the approval of a variance in front yard setback. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Breider said he did not feel the Council could do much in the form of action on the matter because a Public Hearing was required. The City Engineer said the other area properties have the same setback. He suggested the Council concur with the action of the Board of Appeals at their meeting which would be the next evening or September 11, 1973. Mayor Liebl stated he had no objections to the variance of the setback. MOTION by Councilman Nee to concur with the action of the Board of Appeals at the Public Hearing meeting of September 11, 1973. Seconded by Councilman f Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the recommendation of the Board would be concurred with. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 22, 1973: CONSIDERATION OF A REZONING REQUEST, ZOA 373-08, BY NORTH SUBURBAN ; HOSPITAL DIS ICT REZONE FROM R-1 (SINGLE FAMILY DWELLING ARE S TO CR-1 GENERAL OFFICE AND LIMITED BUSINESS THE AREA SOUTH OF 76TH AVENUE N. E., EAST OF 5TH STREET N. E., NORTH OF 75TH AVENUE N. E., AND WEST OF UNITY HOSPITAL, TO ALLOW THE CONSTRUCTION OF MEDICAL OFFICE BUILDING: The City Engineer explained there would be no action necessary on. this item because it had been continued at the Planning Commission level. CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P. S. #73-06, HARRIS LAKE ESTATES, BY DAVID HARRIS, A REPLAT OF LOTS 2 AND 3 AND PARTS OF LOTS, 4, 5, AND 6, AUDITOR'S SUBDIVISION NO. 22, BEING BOUNDED ON E NORTH BY MISSISSIPPI STREET, ON THE WEST BY ARTHUR STREET, AND N THE EAST BY EAST CITY LIMITS AND ON THE SOUTH BY RICE CREEK R D: The City Engineer stated there was no action necessary at the present meeting. The item would be brought to the Council for Public Hearing at the next meeting of the Council for consideration of the final plat. i REQUEST BY JOHN DOYLE (6305 EAST RIVER ROAD): The City Engineer advised the Council there was no action necessary on the item as it was to be reviewed by the Planning Commission and this would be done the following meeting of the Commission. BOARD OF APPEALS SECRETARY: 218 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 10 ,1 i REQUEST FOR WAIVER OF PART OF $800 STORM SEWER ESCROW ON LOTS 10 AND 11, BLOCK 1 , RICE CREEK SCHOOL ADDITION: MOTION by Councilman Starwalt to waiver a part of the $800 escrow requirement for Lots 10 and 11 , Block 1 , Rice Creek School Addition and set the amount as recommended by the Administration at $150. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. , COMMUNICATIONS: 1 LETTER OF THANK YOU FROM CITY EMPLOYEES TO THE CITY COUNCIL FOR GIVING THE DAY AFTER THANKSGIVING OFF AS A HOLIDAY: MOTION by Councilman Breider to receive the letter from the City employees. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. A discussion then followed concerning the inclusion or exclusion of the City { of Fridley Patrolmen in the Council option holiday, November 23, 1973, the day after Thanksgiving. The Acting City Manager informed the Council that this Council option holiday had been administered similar to Council option holidays that have been given in the past. The policy of the Council has been to give the holidays to City employees, exclusive of the Police, due to the fact that the Police had previously negotiated a four day on, two day off schedule, or 372 hour work week in lieu of holiday pay. This, in effect, gave the Police Officers approximately lb days off a year. As recently as 1972, City Employees holidays were reduced from a possible eleven days to nine days due to the Federal Holiday Law. The Police Officers were unaffected by this decrease in holidays. The City Engineer/Acting City Manager stated, the employees to be included in the holiday is entirely up to the City Council. 1 MOTION by Councilman Utter to grant the Police Officers the day off for November 23, 1973 if it can be worked into their schedule as regular time and not double time. MAYOR LIEBL DECLARED THE MOTION DEAD FOR LACK OF A SECOND. MOTION by Councilman Breider to redefine those City employees entitled to the holiday the day after Thanksgiving as those City employees working 40 hours per week. Seconded by Councilman Starwalt. Councilman Utter said he had made the original motion and he intended all City employees to have the day off. Councilman Breider said he had voted on the prevailing side and was entitled to amend the motion. Mayor Liebl agreed, Councilman Breider would have the right to amend the motion. Councilman Nee said when the motion was made, it was his understanding that the holiday would apply to everybody. He said in light of the additional infor- mation on the matter, he would support the motion. Councilman Nee said he would agree with the feeling of Councilman Starwalt that no additional holidays be granted in the future. He added, he disagreed with the Acting City Manager. He stated the amount of the holidays should be set so the people would know what they are entitled to. He said the point was raised that the people working in City Hall should be rewarded for good work, and he was not in a position to evaluate the work of any of the people working there. He pointed out that this is prohibited under the City Charter. Councilman Nee said the members of the City Council should keep their noses out of the Administration of City Hall. He said the Council is to rely on the judgement of the City Manager on Administration recommendations. Councilman Nee again said he would vote for the motion, but thought the idea of granting optional holidays to be bad personnel policy. He said the Council should not be patronizing to the employees and the employees should not be I patronizing to the members of the Council for granting them a special holiday. The Acting City Manager opposed the view that this was against the Charter saying the Council in the past has always gone by the recommendations of the City Manager. He pointed out in municipal operations, there are a very limited amount of ways that appreciation can be shown for excellent service to the employee. He stated in private enterprises, bonuses and gifts can be given to the employee, but this is not possible in government. He said this would be the one vehicle the City could us-e to award the employees and this had always been done in the past. He again 'stressed, the employees had lost two days in 1972. 217 REGULAR COUNCIL MEETING OF NOVEMBER 19, 1973 PAGE 9 CHRISTMAS TREE LOT LICENSES CONTINUED: BY APPROVED BY FEE Green Giant Garden Center Dave Rick Deputy Fire Chief $25.00 7620 University Avenue N. E. (100.00 1 Fridley, Minnesota Deposit) Fridley Target Store Newcomb Brothers Deputy Fire Chief 25.00 755 53rd Avenue N. E. Nursery (100.00 ;. Fridley, Minnesota Deposit) FOOD ESTABLISHMENT own Crier anca e Craig Vargo Health Inspector 12.50 7730 University Avenue (Prorated) } Fridley, Minnesota `i GAS SERVICE ,p Pioneer Power, Inc. Allan Anderson W. Sandin 25.00 570 Hatch Avenue j St. Paul , Minnesota 55117 GENERAL CONTRACTOR Camp Construction Company William D. Camp C. Belisle 25.00 6280 University Avenue N. E. Fridley, Minnesota 55432 H. & R. Builders 6402 42nd Avenue North Crystal, Minnesota 55427 Harrold Warren C. Belisle 25.00 Walburg Builders, Inc. Walter Walburg C. Belisle 25.00 1323 Skywood Lane N. E. Fridley, Minnesota 55427 `i HEATING 7 A. Binder & Son Incorporated 120 East Butler West St. Paul, Minnesota 55118 Dick Binder W. Sandin 25.00 Pioneer Power, Inc. 570 Hatch Avenue St. Paul , Minnesota 55117 Allan Anderson W. Sandin 25.00 MASONRY Norsk Concrete Construction Inc. 4650 Johnson Street N. E. Minneapolis, Minnesota 55421 James Jackson C. Belisle 25.00 MOTION by Councilman Utter to approve the licenses. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST FOR WAIVER OF POLICY 31 REVIEW TO METRO COUNCIL REGARDING THE ISLANDS OF PEACE APPLICATION FOR ICON FUNDS: MOTION by Councilman Breider to approve and authorize the sending of the letter to Mr. John Boland, Chairman of the Metro Council concerning waiving the policy 31 review on the application for LAWCON Funds by the• Islands of Peace. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoualy. Mayor Liebl directed the Acting City Manager to send a copy of the letter to Mr. Ed Wilmes, chairman of the Islands of Peace Foundation. 1 STATE OF MINNESOTA COUNTY OF ANOKA MUTUAL AGREEMENT THIS AGREEMENT made and entered into this day of , 1973, by and between Dennis A. Ranstrom, hereinafter re erre to as the "property owner", and the City of Fridley, a municipal corporation, hereinafter referred to as the "City". WHEREAS, the property owner has petitioned the City to grant the following variance: A variance of Section 45.053, 4A, Fridley City Code, to reduce the front yard setback from 35 feet to 11 feet to allow the construction of a dwelling on Lots 10 and 11, Block 1, Rice Creek School Addition, the same being 6700 Arthur Street N.E. , Fridley, Minnesota. WHEREAS, the property owner has petitioned the City to grant the following vacation: To vacate 20 foot utility and drainage easement between Lot 10 and Lot 11, Block 1, Rice Creek School Addition, located in the north half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. WHEREAS, the City Council finds that the granting of this vacation and variance, as outlined above, will be in the public interest, welfare and will not be detrimental to the people of the City of Fridley provided that certain dedications are made to the City of Fridley. The party, his successors and assigns do hereby agreed as follows: 1. Dedicate a 6 foot utility easement on the south side of Lot 11. 2. Dedicate a walkway easement on the northerly portion of the lots, following basically the 856 contour, elevation as shown onthe attached map marked Exhibit A. ` 3. Dedicate a drainage easement for the purposes of ponding water on the northerly portion of the lots, following basically the 870 contour line, as shown on the attached map marked as Exhibit A. 4. The property owner agrees he will hold the City harmless if there is structural or other damage to the buildings, caused by a water main break, or water running off the banks of the lots, due to the steepness of the terrain of Lot 10 $ Lot 11. 5. Property owner agrees he will supply the necessary documents for Items #1, #2 and #3 before the second reading of the ordinance for vacation is held by the City. It is mutually agreed that the provisions of this agreement shall be binding upon and enforcible against the party hereto, his successors and assigns and all subsequent owners of the property here described. An executed copy of this agreement shall be filed with the Anoka County Register of Deeds and made a part of and be binding upon the above described property. r L Agreement: Dennis A. Ranstrom Page 2 IN WITNESS WHEREOF, the party hereto have hereunto set his hand this day of 1973. In Presence Of STATE OF MINNESOTA) ) ss COUN'T'Y OF ANOKA ) On this day of 1973, before me, a Notary Public within and for said County, personally appeared and to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this day of 1973. In Presence Of STATE OF MINNESOTA) ) ss COUNTY OF ANOKA ) On this day of 1973, before me, a Notary Public within and for said County, personally appeared and to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. r y • r BsI3 � •.�, re 70, jo '000, /. 01 4J r' "we T 90.3 II �, I ORDINANCE NO. 546 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 Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of an easement described as follows: The Easterly ten feet (10 ' ) of Lot 11, Block 1, Rice Creek School Addition, together with the Westerly ten feet (10 ' ) of Lot 10, Block 1, Rice Creek School Addition, 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 conformance with Minnesota Statutes and pursuant to Section 12 .07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF 5 �4RE R 1973. Mayor - Frank G. Liebl ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: June 11, 1973 First Reading: June 18 , 1973 Second Reading: Sept . 10 , 1973 Publish. . . . . . . Oct. 31 , 1973 zr � 1 B ORDINANCE NO. 546 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 Council of the City of Fridley do ordain as follows : SECTION 1. For the vacation of an easement described as follows: The Easterly ten feet (101 ) of Lot 11, Block 1, Rice Creek School Addition, together with the Westerly ten feet (101 ) of Lot 10, Block 1, Rice Creek School Addition, 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 conformance with Minnesota Statutes and pursuant to Section 12 . 07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH DAY OF SEPTEMBER 1973. Mayor - Frank G. Liebl ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: June 11 , 1973 First Reading: June 18 , 1973 Second Reading:_ 'SeIt. 10 , 1973 Publish. . . . . . . Oct. 31, 1973