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LS84-08 6 • P4 CITY of FAIOLEY, SUBJECT LOT SPLIT LS / —U 6431 L"VURSITY AVE. WE. r-Rimay. MN. raSn3e W%n.671-3450 RECORDED: 9� ADDRESS: �i ''7. /� G �� . TE✓�/ PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO C17Y COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: _ AMOUNT _ PAID STIPULATIONS: FEE �� `� RECEIPT NO/3/ NAME_ � PROPERTY OWNER(S) AV)A9 Anse TELEPHONE NO_]34-ZZ2-3 TELEPHONE NO ADDRESS(ES)_\ya2- Oi o�.to�AC� �� • �2�o1`'EH , Y-Y-% SSt3 PROPERTY LOCATION ON STREET 1`18'2. As�a S� YV.'� 73 -2- �'' B'9c�S'� LEGAL DESCRIPTION OF PROPEkTY �- 2,3_ ,s •�a S �� r�,, 3 oco TOTAL AREA OF PROPERTY 3 PRESENT ZONING . REASON FOR LOT SPLIT The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE: %98a SIGNATURE NOTICE: A sketch of the property and the proposed lot split with any existing struc- tures shown should accompany this application. (See reverse side for additional instructions) a LOT SPLIT APPLICATION PROCEDURE 1. Obtain application form at City Hall (6431 University Avenue N.E. , Fridley). 2. Return completed application form with the required sketch of the property involved and the lot split fee of $75.00 for each original lot being split. 3. The application will be checked over by Staff and the owner may be required to submit a Certificate of Survey containing a simple description of a part of a platted lot or registered lot, along with the new parcels created with all existing structures tied in. 4. The application will then be submitted to the Planning Commission for their recommendation. The Planning Commission meets on the Wednesday following the City Council meeting, which is generally the first and third Wednesdays of the month. 5. The recommendations of the Planning Commission are submitted to the City Council for final action. If a Certificate of Survey wasn't required before, it will be required for this meeting. The City Council meets on the first and third Mondays of the month. 6. The City Council approval may be subject to certain stipulations which must be complied with by the applicant. 7. A letter will be sent to the applicant to notify him of the Council action and to advise him to comply with the conditions imposed by the City. The letter will also contain any necessary deeds for easements and other pertinent papers for his signature. 8. When all the conditions of the lot split have been complied with, the applicant should file the lot split in Anoka County. 9. In all cases where Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. NOTE: THE RESULTING REAL ESTATE TAXES AND SPECIAL ASSESSMENTS FOR THE NEW PARCELS IN TOTAL AFTER THE LOT SPLIT MAY EXCEED THE AMOUNT ASSESSED TO THE ORIGINAL PARCEL. THE FINANCE DEPARTMENT OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTIMATED AMOUNT OF ADDITIONAL TAXES OR ASSESSMENTS. r- f � 8 (Alm CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 July 3, 1984 TO WHOM IT MAY CONCERN: The Planning Commission will be holding an informal public hearing to consider a request for a lot split, L.S. #84-08, by Don Hanson, to split off the Southerly 121 feet of Lot 28, Auditor's Subdivision No. 129 and Outlot A, Jim Lund Estates, to make a new building site at 1501 732 Avenue N. E. As there are several lots in this same area that could be split into two building sites, we are notifying the surrounding property owners of this request. The Planning Commission requests that you attend this meeting to discuss any future development of this area. The meeting will be held on July 18, 1984, in the Council Chamber at the Civic Center at 6431 University Avenue N.E. at 7:30 p.m. VIRGINIA SCHABEL CHAIRWOMAN FRIDLEY PLANNING COMMISSION /3S- •c ` 752 7,)6N 5Til A sus/�: �..��.� •>6/� L.S. #84-08 2 D i J 1501 73 112 Ave. N. Q `' � `'► ' d 71W7 •". f` (� 319 ..r�, Ar � , ....... l�3ll °b s '�4L�f` 1033 4 x r• %taS %S /S7S/s0 ..r 0','13 SfON4,i.17 ./.0 �,, :..., ,o «•� 7�oAUDITOR'S lll4Q 5 7t 1 74,+,s , . F� ' 7+70 7491 9 ,�,r,•, oy,t; �... ori »ice. *32 .,. �� • E DRIVE 7 ►'' `'- '�, f-� 6 - ' ° e 10 74A • ,4 /Sao ?—, 4 3 , .,, , .., f' W �, � � � r� exi 1336 ' 1 3�ST/t 134 /40 /�z r l s ��l�N+*, `13J4 s,•� /� / 1513 ON N XGA ^ • STR s UT/3co,l GLls77 t /�96 7 ( 143, • 147a 476 ✓/ '� 4 iaeo rsoGr� z "• ... l' 3 4 ` J 1 s3 s 3S � !b�2 ` .� s/ T/ N QS ?BDIVISIONI jk 2 2 26 .71 �R �»r, ja . �. s s( , 1 A; a :•a► � 4 r IL'3� 73fg. e• d /SBI AM -32 ~ ��t .I.rf�r73 iw.ir s•�r+u.. /Sao o.� ) 72 t/ 23 25 27 29 are uwo =,C ! ISoS � t.�.F,r�e �r,a,� S*o) 2 < N4 1�29�n "-". s 1067 �'. Isol My 14611' 1475 14*5 f- ---- All- s I�Tt- i '� i ..�� ,..�. �' �"'* i•1 �� , 3 +. 4 �' i f Planning Commission July 3, 1984 9 Mailing List Lot Split, #84-08, Don Hanson Danny D. Moon Lawrence I. Alpert 7343 Hayes Street N. E. 1500 Onondago Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Keith Osland James G. Klick 7345 Hayes Street N. E. 1506 Onondaga Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 Thomas Kallroos Steven M. Napepka 1466 Onondago Street N. E. 7360 Pinetree Lane N. E. Fridley, Mn 55432 Fridley, Mn 55432 Leonard Hjort Kurt J. Korochetz 1434 Onondago Street N. E. 7350 Pinetree Lane N. E. Fridley, Mn 55432 Fridley, MN 55432 Steven R. Saba Robert E. Larson 1470 Onondago Street N. E. 1533 73 1/2 Avenue N. E. Fridley, Mn 55432 Fridley, Mn 55432 Geroge A. Hanson James B. LaTourneau 1476 OnondagaStreet N. E. 1523 732 Avenue N. E. Fridley, Mn 55432 Fridley, Mn 55432 Don and Anne Hanson LeRoy A. Larson 1482 Onondago Street N. E. 1503 732 Avenue N. E. Fridley, Mn 55432 Fridley, Mn 55432 Susanne Novacinski Pamela L. Pfeiffer 7395 Hayes Street N. E. 1510 Onondago Street N. E. Fridley, Mn 55432 Fridley, Mn 55432 William F. Rankin Richard A. Dols 7385 Hayes Street N. E. 7361 Pinetree Lane N. E. Fridley, Mn 55432 Fridley, Mn 55432 Dennis J. Kugler John G. Eggert 1560 73 1/2 Avenue N. E. 7351 Pinetree Lane N. E. Fridley, Mn 55432 Fridley, MN 55432 John F. Gribble Kenneth R. Hoeschen 1488 Onondago Street N.E. 1510 732 Avenue N. E. Fridley, Mn 55432 Fridley MN 55432 Gerald J. Wickman James H. Vaughan 1494 Onondago Street N. E. 1520 732 Avenue N. E. Fridley, Mn 55432 Fridley, Mn 55432 10 Page 2 Gerald J. Sherrek 1530 732 Avenue NE. Fridley, Mn 55432 Rueben T. Nordin 1540 731-Avenue N.E. Fridley, Mn 55432 John L. Hackey 1545 73rd Avenue N. E. Fridley, Mn 55432 Timothy R. Lundahl 1535 73rd Avenue N.E. Fridley, Mn 55432 Douglas A. Fagerwold 1505 73rd Avenue N. E. Fridley, Mn 55432 James G. Hi.nri chs 7355 Hayes Street N. E. Fridley, Mn 55432 CERTIFICATION OF STATUS OF SUBDIVISION OF LAND 1. Property PIN No. Plat No. Parcel No. 2. Applicant PtlAy3t Tele. No. `? � 3. Type of Document: D Deed 0 Contract for Deed 0 Other (Specify) 1v-, -L/ 4. Date of Document i-1 h 5. Grantor.- 6. rantor:6. Grantee: 7. Received by City Clerk of F .\ 'A Date . (0' V 1 y Time: By: S. Action by City: Approved: =Rejected: Date: Date: AA � Time: Time : 3' By: By: (If approved - complete stamp on Document) 1 9. Reasons : (Cross out inappropriate words) a. Subdivision Regulations (do - swat) apply. b. Subdivision (a oped - not approved) . (If approved - attach certified .copy of Resolution. ) c. Restrictions (wg4awd - not waived) by Council . (If waived - attach a certified copy of Resolution. ) 10. Conditions Imposed: [D Combination with PIN No. (Petition of Owner should be attached. ) Others: (Specify) NOTE: IF SUBDIVISION INVOLVES TORRENS LAND, CONTACT THE EXAMINER OF TITLES AT COUNTY COURTHOUSE FOR FORM OF DESCRIPTION. (MINNESOTA STATUTES SECTION 508. 47) l Effective January 17, 1984 1984 POLICY STATEMENT ON PARK FEES ON LAND SUBDIVISION Date 3 �' In determining fair market value of public areas for land subdivision for cash payment as required by Ordinance #633, the following values will be used: Residential Subdivision $1 ,500.00 per lot Residential Lot Split $ 750.00 per lot Commercial/Industrial Subdivision or Lot Split $ 0.023 per sq. ft. This fee is to be paid at the time of final plat or lot split approval. The City Council may defer collection to the time a building permit is requested for individual lots created by such subdivision/lot split. The City retains the option to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated. PARK FEE AGREEMENT The undersigned understands that according to the City Plating Ordinance, the following public park land dedication is required to plat residential , commercial or industrial zoned property. It is further understood that the public park land dedication or cash payment equivalent is at the discretion of the City. It is agreed that a cash payment of 760 Will be paid according to the above stated policy for the following subdivision/lot split. Q It is agreed that the following land dedication is provided according to the above stated policy for the following subdivision/lot split: Dedication: Subdivision/Lot Split: The undersigned further agrees to notify all future property owners or assigns of the cash payment requirement, if it is to be collected at the time of issuance of a building permit. Date: Cli/j 2 mer (Property Owner Signature) 3/0/8/8 _ CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW De Imen s Number / ev aqe Approved by FILE NO/ ADORES ,dt` —v FILE E COMPLETE REVIEW CHECKLIST �� /yi RETURN TO PLANNING '�I � � CUE JdA COMMENTS Darrel Mark F ❑ Clyde John L Z�c F-1 Leon - ,,� "s ` Y i �; e 1 • E� w jj i a •+ + . F 11 4,44'r f �4,'7yyt.. a y. s ! r b 31 ^y Faf { ��. •:nth��: �:�`�° � •'� R:� � .o aI L y 4 P tr f• w , . s •.. *may. ONONDW A 37-rcA "r- N. IE, 13 Don Hanson 0 L.S. #84-0f 1501 73 1/2 Avenue P . E.on ---116.00--- 110.00--. Y� iDI � ,,QAC'( N opTN ya vT 20,500 o.f o M tzd V 20.10 v' 24.5 22.1 22.3 N — kb00 iI F a N � � H I I I aa 19.0 N A d d� y N _a -o 0 00 0 P�o�oSE D - ---110.00--- -----'" Lo•T bPL IT TRAC'f FT Np 0 T / - N c, ' J N N N 7�/ .... --- 110.00-- to.10 , • I 2. r ti.• • I. IWO " w � � w wv � JN w 00 0 I 7,17 , , /' 7 — L � T � w 731/ - Avg: Al. E ---- --. --- ------ N Don Hanson o \� L.S. #84-OB 501 73 1/2 A� 2 C •------ -- ---- ------F - - -D - — m 6 PAR • O A - 6 li IT Cr 76TH Ic 14 C 1UP is i S5 It f3 is ' ` ..✓ 1 -2-,- 1 271 j f / 71. ME rH M E I .AIM Law ✓ j r - s s ' �; ► R-fAt a r 30?;?,;o �000cbo• > > >o �JJJJOJJJ OOn°o°000°oo ;��o°JOJ JJJJJ o°7Jo°Jo�'000° I S - ♦ ` �Y "- 0 X000 0°000 OOo J.JJO?J�JJJJJJ�JJJJ�O�000 ooJ 1 io .� . , 7 i Do 1 j' �vAl �� , r ,4 41 cf /yI/fit t1� y �~��J/�� ■ 4' l•' *••• ••• • • `� a �m �z� 46 s •: - - fR . WE r t N J Mt R0. h n "lL Ol i OV y ^ ...,. . . . ,� �1•� 0 • .•••• •1• •AD •-4• T Rq vSF fR — 00 0 001, C� R,R/I00, �� w OOOF W � M 20.10 A L.S. #84-08, Don Hanson 2 E 24.5 7, 1 22.1 New building site at 22.8 1501 73 1/2 Avenue N.E. GoN of i o � \ D N � n l� 21.8 N `•.'�I N I •IV i• 1� 19.0 6.8 �.00 N l+ N d cj O In M O S C '71, O 1 1 ` FF�A � N 7FA q c - 0 $00 o 5a 5 N — /ej to 73112 Amr.,,* NE� — tn N 1 ' '� -, • #_3,� »'lk,. .. r4t',1iM ',`a•, � t. '��ur, ,1 '- - �`. •, M1�a � ,�:�1. i • t �1.. _ .,.. ,/ �,� •vy iL•f••�•� may' �n`fiM'J,. .. , X. y d.• ' ��'_ �t � . . �� ..�'i 4°'r.^i .�� ,,�r;s�+�� t`c.•* � ��'�(�••� ,"�,� "> tib,.�ext � . t,,,{(�� 1��.� ■�� ,! t. .q�� ,E;,�-„� ". , CUP— ZX UP—#•,d` • Leh `�.,. xy a y Ai1t kiF:W.- • .. .4 •,l�'"X w ��, ,.F w { "�'VF" + '} (. ,w '~I .yt R, ♦'�. ,• x - , �` / ~.I• Wey`� NY.j.. - p Or � s i ' SAO*IV n r, , i. l 1 .. !• 'ala f ��•�♦ w. s .•� ' R ,. *rte, - i PLANNING COMMISSION MEETING, JUNE 20, 1984 PAGE 2 Mr. Robinson stated there is an alley there that is an unpaved, unimproved alley. The petitioner might want to consider petitionin ;to have it vacated. Ms. Schnabel asked the petitioners if they had any c ents to make about this request. Mr. Gary Michurski stated the neighbor directly/to the east also has a double unattached garage at the back of his Ouse. He stated the only reason they are considering this garage is ecause they have an existing single car garage. They own three vehic s. Since they both work, they have to continue tIVOTINGAYE the three veh les, and one ends up left on the street more than i . He stat they have one vehicle they use seasonally, and thd like to tore it in the garage. He stated they will continue to uxisting arage as a garage. Ms. Schnabel stateif th Michurski 's wanted the additional property in their back yardig want to approach their neighbors about requesting the City a that alley. MOTION BY MR. SABA, ED BY MS. GABEL, TO CLOSE THE PUBLIC HEARING ON SP #84-11. UPON A VOICE VOTE, ING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:40 P.M. MOTION BY MR. NDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF S ECTAL USE PERMIT REQUEST, SP #84-11, BY CHERYL A. MICHURSKI, PER SECTION 05.07.1, 3 A, OF THE FRIDLEY CITY CODE TO ALLOW THE CONSTRUC- TION OF A COND ACCESSORY BUILDING, A 22 FT. BY 24 FT. DETACHED GARAGE ON LOTS 47 D 48, BLOCK 11, SPRING BROOK PARK, THE SAME BEING 298 ELY STREET N.E., WITH THE STIPULATION THAT THE DRIVEWAY TO THE I M7 GARAGE BE PAVED AND A 30 FT. SETBACK BE MAINTAINED. UPON VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CAR D UNAt7IMOUSLY. Mss Schnabel stated this special use permit request would go to City Council on July 2. 2. LOT SPLIT REQUEST, L.S. #84-08, BY DON HANSON Split off the Southerly Til } feet of Lot 28, Auditor's Subdivision No.129, to make a new building site at 1501 73 1/2 Avenue N.E. Mr. Robinson stated this lot was located between Onondaga St. and 73rd Ave. , just west of the 732 Ave. cul de sac. The lot is quite large, 34,000 sq. ft. The proposed new lot would be to the south and would be 13,500 sq. ft. Mr. Robinson stated there are several very large lots that have the potential of being split off in the future. For that reason, there is the potential that 7311 could go through and end in another cul de sac. 1 CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 20, 1984 CALL TO ORDER: Chairwoman Schnabel called the June 20, 1984, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Ms. Schnabel , Mr. Oquist, Ms. Gabel , Mr. Nielsen, Mr. Kondrick, Mr. Saba Members Absent: Mr. Minton Others Present: Jim Robinson, Planning Specialist Gary & Cheryl Michurski , 298 Ely St. N.E. Don Hanson, 1482 Onondaga St. N.E. APPROVAL OF JUNE 6, 1984, PLAN14ING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY ASS. GABEL, TO APPROVE THE JUNE 6, 1984, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . PUBLIC HEARING: CONSIDERATION OF A REQUEST FOR A SPECIAL USE PERMIT, SP #84-11 , BY CHERYL A. MICHURSKI: Per Section 205.07.1 , 3 A of the Fridley City Code, to allow the construction of a second accessory building, a 22 ft. by 24 ft. detached garage on Lots 47 and 48, Block 11 , Spring Brook Park, the same being 298 Ely Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO OPEN THE PUBLIC HEARING ON SP #84-11. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Robinson stated this lot was located on the southeast corner of Ely St. and Ruth St. The lot is approximately 8,680 sq. ft. The special use permit is for a second accessory building, a 22 ft. by 24 ft. garage, to be built in the rear yard and be set back 30 ft. from Ruth St. to make it compatible with the existing house to the rear which faces Ruth St. According to code, when the lot to the rear of a corner lot faces the side street, the setback is 30 ft. He stated he had discussed this with the petitioner and she is agreeable to that. Mr. Robinson stated the other stipulation was that the driveway be paved, and the petitioner is also agreeable to that. PLANNING COMMISSION MEETING, JUNE 20, 1984 PAGE 3 Mr. Robinson stated there were quite a few pretty basic stipulations that would go with the lot split. Mr. Robinson stated that at this time, the Planning Commission could either approve the lot split with stipulations, or they could holdn informal public hearing and invite the neighbors to the west to see it they were interested in splitting their lots as well , possibly putting the street in, and getting this all done at one time. That would be better than having the owner of the new lot put in a driveway to the cul de sac on 73i and then have to remove the driveway in the future if the street was put in. Mr. Robinson stated another consideration was the front yard setback. The exisitn house to the east is set back 65 ft. from what would be this lots 's right of way, due to the cul de sac. If they were to tak an average of this lot and a possible future lot to the west of the proposed split, assuming a 35 ft. setback to the west, the average would be 50 ft. With an allowed deviation of 6 feet, the minimum setback for the proposed lot would be 44 ft. The rear yard would be 25 feet. The proposed right of way is 25 ft. and this leaves 27 ft. for a structure, which is a reasonable structure. Mr. Robinson stated Staff would recommend the following stipulations: 1 . Provide 25 ft. street easement for possible future use 2. Concrete curb work on 731i to be done by City's contractor at owner's expense 3. Petitioner to provide driveway to street 4. Driveway to be removed at no cost to the City in the event the street goes through 5. Signed park fee agreement of $750 6. Split to be registered at the County prior to issuance of a building permit, or before October 15, 1984. 7. Front yard setback of 44 ft. 8. Rear yard setback of 25 ft. Mr. Robinson stated this seemed like a good opportunity to look at the possible future development of that whole area. Perhaps the Planning Commission should hold an informal public hearing and table the lot snlit at this time. Ms. Schnabel asked Mr. Hanson if he had talked to his neighbors about the possibility of their splitting their lots. Mr. Hanson stated he has talked to the neighbor who owns Lot 26, and he was not opposed to the idea. He stated there is a new owner of Lot 24 so he did not know the plans of the new owner. Ms. Schnabel stated that if the petitioner was not in a real hurry with the lot split, the Planning Commission could table this until their July 18th meeting. This would give the City the opportunity to contact all the owners of these lots to see if they are interested in splitting also, and invite them to an informal public hearing at the next meeting. She stated this would certainly be to the petitioner's advantage. Mr. Hanson stated he had no problem with having this tabled until the Planning Commission's July 18th meeting. v PLANNING COMMISSION MEETING, JUNE 20, 1984 PAGE 4 MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO TABLE LOT SPLIT REQUEST, L.S. #84-08, BY DON MCCLUSKY IN ORDER TO HOLD AN INFORMAL PUBLIC HEARING WITH THE NEIGHBORS ON JULY 18, 1984. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 3. RECEIVE JUNE 12, 1984, APPEALS COMMISSION MINUTES: MOTION BY MS. GABEL, SECONDED BY MR. NIELSEN, TO RECEIVE THE JUNE 12, 1984, APPP4LS COMMISSION MINUTES. Ms. Gael stated she would like the Planning Commission to di�uss public hearing on lot splits. She was referring to the recent lot split requested by John Nitchcock on the corner of Mississippi St. and Oakley Drive. She stated one the neighbors were notified through the appeals public hearing process, th came to the meeting en masse. The n ghbors were definitely opposed to th t lot split. She stated the Appea Commission voted unanimously to deny the request for variances. They felt the variances were created by the lot split, and that they was no hardship. Mr. Robinson stat he has discussed th ' with Mr. Qureshi , and it was Mr. Qureshi 's sugge tion that whenever the Planning Commission feels a public hearing is ne essary or help 1 , they can table the discussion and notify the neighbors d have an formal public hearing, like what was done at this meeting. Ms. Gabel stated she did o agree with that. Based on the fact that the City is as built up as it she felt they are going to have more and more lot split requests, and it i going to be more and more controversial . She felt that the neighbo s who a e affected have the right to be notified. She felt very stro y about is. Mr. Oquist stad his question uld be: Why would they not want to have public heari ng's�for lot splits? Mr. Saba ated he agreed with Ms. abel . They are going to be getting more to split requests, they are go g to be more and more complicated, and t y are going to affect more and ore people down the line. UP A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION IED UNANIMOUSLY. Ms. Schnabel asked if Staff could prepare some type of proposal for a change in the ordinance by the July 18th meeting. This could be used as a starting point for discussion. Mr. Robinson stated he could do that. He stated he would like to discuss this with Dave Newman, City Attorney, and he would like to find out what neighboring communities are doing. CITY OF FRIDLEY PLANNING COMMISSION MEETING, JULY 18, 1984 CALL TO ORDER: Chairwoman Schna 1 called the July 18, 1984, Planning Commission meeting to order at 7:33. ROLL CALL: Members Present: Ms. chnabel , Mr. Oquist, Mr.Nielsen, Mr. Kondrick, Ms. Gabel , Mr. nton, Mr. Saba Members Absent: None Others Present: Jim Robin n, Planning Specialist Don Hanson, 1482 Onondaga St. N.E. James I. Ta or, 1487 - 97th Ave. , Coon Rapids Allen Mattson MCCK Properties, Inc. (See attached ist) APPROVAL OF JUNE 20, 1984, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY M . OQUIST, TO APPROVE THE JUNE 20, 1984, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR MAN SCHNABEL DECLARED THE MOTION CAP.RIED UNANIMOUSLY. 1 . TABLED: LOT SPLIT REQUEST, L.S. -#84-08, BY DON HANSON: Split off the Southerly 121_ feet of Lot 28, Auditor's Subdivision No. 129, and Outlot A, Jim Lund Estates , to make a new building site at 1501 73 1/2 Avenue N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO REMOVE L.S. #84-08 FROM THE TABLE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated that as discussed at the last meeting, there are several large lots in this area that have the potential to be split also. For that reason, the Planning Commission decided to table any further discussion in order to inform the neighbors of this lot split request and of the possibility of other lot splits, with the potential of 732 Avenue going through, looping to 'Osborne at the east of the apartment building. He stated that this would be based on an agreement with the apartment build- ing owner that the apartment building driveway become a city street. At this time, if just the petitioner, Mr. Hanson, splits his lot, Mr. Hanson will put in a driveway to the cul de sac on 73''-2 Ave. However, the City will secure right-of-way for the splitting of any future lots. 2A PLANNING COMMISSION MEETING, JULY 18, 1984 PAGE 2 Ms. Schnabel stated this was not a plan the City had at this time. The Planning Commission thought it logical to present this idea to the neighbors so that those neighbors who do have large lots that might be affected and might want to consider splitting could understand how it could be worked out. It was nothing that had to be done, and it was just in the talking stages at this time. They also wanted to get the rest of the neighbors ' reaction. Mr. Robinson stated that George Hanson, 1476 Onondaga St. N.E. , Lot 26, was not able to attend this meeting. Mr. Hanson did say he would be in favor of the lot split, but he would like to make sure access was provided because he was interested in splitting his lot sometime in the future. Ms. Schnabel asked if there was anyone in the audience who would like to make some comments. Mr. James Vaughan, 1520 732 Ave. N.E. , stated he lived on the southeast corner of the cul de sac. He stated that if 732 was extended, he would hate to lose the cul de sac. His question was : Who would pay the assess- ments for the street--would it be assessed to the new lots or would the existing homeowners on the existing 732 also have to pay the assessments? Mr. Robinson stated he believed the assessments would be paid by the lots that are split, but he would do some further checking to see if that was correct. Ms. Sue Sherek, 1530 732 Avenue N.E. , stated that the east end of 7332 also ends in a cul de sac, so there are cul de sacs on both ends. At the east end there is an apartment building, but the apartment was required to access onto 73rd Avenue. If there was the possibility of multiple dwellings going on any of the larger lots, would it be possible to have their access onto 73rd Ave. also? Ms. Schnabel stated that was a hard question to answer at this time, but the chances were that the City would prefer to have the access go onto 73rd. Ms. Schnabel asked if there were any neighbors in the audience who were interested in splitting their lots. Hearing no other comments, Ms. Schnabel stated they would proceed to handle the lot split request that was submitted by the petitioner, Mr. Don Hanson. Mr. Robinson restated the stipulations recommended by Staff: 1 . Provide a 27 ft. street easement for possible future use. 2. Asphalt curb work on 732 Ave. to be done by City's contractor at owner's expense 3. Property owner to provide driveway to street 4. Driveway to be removed at no cost to the City in the event the street goes through 5. Signed park fee agreement of $750 6. Split to be registered at the County prior to issuance of a building permit, or before Oct. 15, 1984 i • � L PLANNING COMMISSION MEETING, JULY 18, 1984 PAGE 3 7. Front yard setback of 44 ft. 8. Rear yard setback of 25 ft. 9. Payment of special assessments MOTION BY MR. KONDRICK, SECONDED BY MR. MINTON, TO CLOSE THE PUBLIC HEARING ON L.S. #84-08 BY DON HANSON. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 8:00 P.M. MOTION BY MR. OQUIST, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #84-08 BY DON HANSON, TO SPLIT OFF THE SOUTHERLY 121± FEET OF LOT 28, AUDITOR'S SUBDIVISION NO. 129, AND OUTLOT A, JIH LUND ESTATES, TO MAKE A NEW BUILDING SITE AT 1501 73 1/2 AVENUE N.E. , WITH THE FOLLOWING STIPULATIONS: 1. PROVIDE A 27 FT. STREET EASEMENT FOR POSSIBLE FUTURE USE 2. ASPHALT CURB WORK ON 73'f AVENUE TO BE DONE BY CITY'S CONTRACTOR AT OWNER'S EXPENSE 3. PROPERTY OWNER TO PROVIDE DRIVEWAY TO STREET 4. DRIVEWAY TO BE REMOVED AT NO COST TO THE CITY IN THE EVENT THE STREET GOES THROUGH 5. SIGNED PARK FEE AGREEMENT OF $750 6. SPLIT TO BE REGISTERED AT THE COUNTY PRIOR TO ISSUANCE OF A BUILDING PERMIT, OR BEFORE OCT. 15, 1984 7. FRONT YARD SETBACK OF 44 FT. 8. REAR YARD SETBACK OF 25 FT. 9. PAYMENT OF SPECIAL ASSESSMENTS UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on August 6. 2. PUBLIC HEARING: CON DERATION OF A SPECIAL USE PERMIT, SP #84-12, BY UAFE-S I. TAYLOR: Per ection 205.14.1 ,C, 4, of the Fridley City Code, to allow a repair garag (Midas Muffler) on Lot 1 , Block 1 , University Industrial Park, the sa being 8080 University Avenue N.E. MOTION BY MR. KONDRICK, SE LADED BY MR. MINTON, TO OPEN THE PUBLIC HEARING ON SP #84-12 BY JAMES I. TA R. UPON A VOICE VOTE, ALL VOTING YE, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING OPEN AT 8:04 P.M. Mr. Robinson stated this property was located on the southwest corner of 81st and University. The zoning w C-2, and it was surrounded by light and heavy industrial with some addi Tonal C-2. The site plan showed the building situated in the northern po ion of the lot. It included 35 ft. setbacks all around the building. Th e will be 28 stalls, 22 outside and 6 inside. He stated the proposal meet all code requirements. COUNCIL MEETING OF AUGUST 6, 1984 to about 50 cents per subscriber per month. Mayor Nee stated he understood Storer agreed to submit the FCC form which was previously required to be sent to the FCC. Mr. Wegemer stated this report only shows gross revenues and is information which the Council has in their possession. Councilman Hamernik stated Storer had indicated they felt Bloomington and St. Louis Park would respond favorably to the request for a rate increase in their cities. Mr. Wegemer stated he would hope to have the actual reports from these cities by the end of this month. Mayor Nee asked that these reports from Bloomington and St. Louis Park be sent to the Council when they are received. MOTION by Councilman Barnette to waive the second reading of Ordinance No. 816 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a roll call vote, Councilman Barnette, Councilman Fitzpatrick, Councilman Hamernik, and Mayor Nee all voted in favor of the motion. Mayor Nee declared the motion carried unanimously. N01 BUSINESS 4. RECEIVING pgEL MINAgy 1985 BUDGET AND SETTING PUBLIC HEARING FOR SEPTEMBER 10, 1984: Mr. Qureshi, City Manager, stated the proposed 1985 budget is for $7,635,948 which represents an increase of 3.79% over the 1984 budget. He stated it is a balanced budget as required by the Charter. He stated, essentially, the mill rate would probably remain in the area of 14 - 15 mills. He stated the budget doesn't provide for any increase or cutback in the level of City services. MOTION by Councilman Fitzpatrick to receive the 1985 proposed budget and set the public hearing for September 10, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECEIVING THE MINUTFS OF THE PLANNING COMMISSION MEETING OF JULY 18 1984• 5A. CONSIDERATION OF LOT SPLIT REQUEST, L S #84-08 BY DON HANSON TO ALLOW A NEW BUILDING SITE AT 1501 73 1,/2 AVENUE: Mr. Flora, Public Works Director, stated the request is to split off the lot facing Onondaga Street. He stated, in reviewing this lot split, it was found there were a number of other properties in the area that could possibly be split and staff looked at access should these splits occur. He stated this information was presented to the Planning Commission when they reviewed the lot split. Mr. Flora stated if the lot split is approved, it is recommended a 27 foot street and utility easement be provided in order to provide for an extension -6- COUNCIL ME-F'r'y OF AUGUST 6, 1984 Ms. Gray stated she only hopes Moore Lake will soon be saved before everyone goes broke trying to save the lake. She stated since Moore Lake is in a redevelopment area, tax increment monies should be used. Mayor Nee stated there is not a tax increment project in that area as it was deleted at the residents' request. Mr. Qureshi, City Manager, stated only a small portion of the cost of this project is being assessed to the property owners. He stated the City is also working on the second phase of the Moore Lake restoration and that will be funded out of separate funds. Ms. Gray asked if there was sufficient drainage on the west side of the lake so it wouldn't halt or hinder the progress in the east basin. Mayor Nee stated the flow will be from east to west because of the hydraulic engineering. Councilman Barnette stated the water from the west basin drains into the ditch by St. Philip's Church then to Rice Creek on the west side of Central Avenue. Mr. Flora explained the procedures for the second phase of the restoration project which, basically, consists of removing the weeds and placing a plastic type blanket on the bottom to improve the water quality through the removal of phosphorus in the water. He explained the plan for a rock base near the shoreline and for upgrading the beach and installation of an aerator system. No other persons in the audience spoke regarding these assessments for this storm sewer project. Mayor Nee said that as nobody is objecting to the proposed assessments so the asessment hearing can be closed. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:22 p.m. OLD BUSINESS• 3. ORDINANCE NO 816 APPROVING RATE INCREASE FOR CABLE TELEVISION- Mr. Inman, City Clerk, stated from the financial information provided, it was not possible to obtain a comparative total for the different franchises. He questioned if it would be possible to receive detailed data on each franchise and some depreciation material. Mr. Wegemer , representing Storer Cable, stated the City received verification from officers of the company that the figures presented were correct. He stated their losses in Bloomington are much less than in Fridley and an independent audit would cost about $25,000 which would amount -5- Comm ME-FTiWs OF AUGUST 6,_?984 t of 73 1/2. Mr. Flora stated the Planning Commission called for a public notice of this lot split and a number of persons came to the meeting to discuss it. Mr. Flora stated a neighboring property owner stated he may consider a split of his lot in the future. Mr. Flora stated the Planning Commission recommended approval of the lot split with nine stipulations, which he reviewed. Mr. Qureshi, City Manager, stated the problem is the property to the south is already developed and the possibility of getting right-of-way to serve any of the properties which may eventually split would, he felt , be extremely difficult. Mr. Qureshi stated because of this question regarding access for possible future development, he would suggest this item be tabled until the ward representative, Councilman Schneider, is present. MOTION by Councilman Fitzpatrick to table this item to the next regular meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5B. CONSIDERATION OF A SPECIAL USE PERMIT, #84-12. TO ALLOW A REPAIR GARAGE AT 8080 UNIVERSITY AVENUE N E BY MIDAS MUFFLER: Mr. Flora, Public Works Director, stated this is a request to construct a Midas Muffler Shop at 8080 University Avenue and the code requires a special use permit for an auto repair garage. Mr. Flora stated the zoning is correct and the proposal meets all code requirements. Mr. Flora stated the Planning Commission recommended approval of this special use permit with stipulations for a landscaping and drainage plan, no outside storage, and five feet setback around the building wherever possible. Mr. Qureshi, City Manager, felt it would be better to have more landscaping in some of the area designated for parking. Mr. Taylor, the petitioner, stated that area would be where the drainage is located and would be bermed, however, he didn' t object to eliminating several parking stalls for additional landscaping. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-12, to allow a repair garage at 8080 University Avenue with the following stipulations: (1) an approved landscape plan with irrigation system; (2) no outside storage; (3) approved drainage plan; and (4) any place on the building that isn' t an access door be provided with a five foot curb to protect the building from parked cars. Seconded by Councilman Barnette. Upon a voice -7- (]pLMIL MEETING OF XJGUST 6, 1984 T vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Taylor questioned where he would connect with the sewer system. He stated he thought at first he could connect with the manhole in the street, but finds that he will probably not be able to do so. Mr. Paschke stated when they were developing in the area, they rerouted the sanitary sewer system to the north so Mr. Taylor would have to go across the street to obtain these services. Mr. Flora, Public Works Director, stated the City had a service in the middle of the street which is no longer there and he understood the developer would provide the service when this property was developed. Mayor Nee asked why the line was abandoned. Mr. Paschke stated it was abandoned because they didn't use it as the financial institution would not allow a sanitary sewer to go underneath the buildings. Mr. Qureshi stated he felt this issue would have to be resolved at staff level and worked out with the property owners. 5C. _CONSIDERATION OF A SPECIAL USE PERMIT. SP #84-13 TU ALLOW R-1 PROPERTY TO BE USED FOR A PARKING LOT AND GARAGE AT 441 HUGO STREET N. E. BY DON CHOUINARD: Mr. Flora, Public Works Director, stated this is a request for a special use permit to allow for a parking lot and garage on R-1 property in conjunction with a seven unit townhouse development to be constructed on adjacent property which is zoned R-3. Mr. Flora stated, in addition to this request for a special use permit, there are also some variances requested in order to construct these townhouse units. Mr. Flora stated the Planning Commission recommended approval of this special use permit with seven stipulations, which he outlined. Mr. Flora stated, in conjunction with the three variances requested, the Appeals Commission discussed the traffic issue and made a separate recommendation to Council that there be no parking on the north side of the 400 block of Hugo Street to accommodate parking. He stated these variances appear on the Council's agenda later in the meeting. MOTION by Councilman Fitzpatrick to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-13 , to allow Lots 78 and 79, Block A, Riverview Heights, zoned R-1 to be used f or a parking lot and garage in conjunction with a seven unit multiple dwelling at 441 Hugo Street, with the following stipulations: (1) the units be constructed of town-house design; (2) a drainage plan be approved by the City' s Engineering Department; (3) an approved landscaping plan; (4) a 17 1/2 foot easement along East River Road; (5) a fire wall be constructed along the east wall of the garage; (6) the exterior of the east garage wall be of the -8- THE MINUTES OF THE REGULAR COUNCIL MEETING OF THE FRIDLEY CITY COUNCIL. OF AUGUST 20, 1984 The Regular Meeting of the Fridley City Council was called to order at 7:43 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES• COUNCIL MEETING, AUGUST 6, 1984: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS There was no response from the audience under this item of business. OLD BUSINESS: 1. SET PUBLIC HEARING FOR SEPTEMBER 10, 1984 FOR FINAL PLAT, P S #84-03 LOFT HOMES OF FRIDLEY (TABLED JUNE 18, 1984) : MOTION by Councilman Fitzpatrick to set the public hearing on this plat for September 10, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion ed unanimously. 2. F T - EBUILDING SITE AT 1501 73 JZ2 AVENUE BY DON T Mr. Flora, Public Works Director, stated this is a request to split off the southerly portion of the property which faces Onondaga Street to provide approximately a 10,000 square foot lot. Mr. Flora stated, because there are adjacent property owners which could also split off the lots, the Planning Conanission notified these owners to COUNCIL MEETLNG OF AUGUST 20, 1984 determine if there was any interest in splitting their property. He stated it was found there was some interest so consideration should be given for extending 73 1/2 Avenue. Mr. Flora stated the Planning Commission, therefore, made a recommendation to approve the lot split with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) asphalt curb work on 73 1/2 Avenue to be done by City's contractor at owner's expense; (3) property owner to provide driveway to street; (4) driveway to be removed at no cost to the City in the event the street goes through; (5) signed park fee agreement of $750; (6) split to be registered at the County prior to issuance of a building permit, or before October 15, 1984; (7) front yard setback of 44 feet; (8) rear yard setback of 25 feet; and (9) payment of special assessments. Mr. Flora stated staff would add one additional stipulation to provide an escrow of $7,000 for future extension of the street. Mr. Herrick, City Attorney, stated he would not be in favor of providing an escrow. He stated the City would be holding funds with no certainty the project is going to proceed and felt it wasn't consistent with other street improvements that were assessed as they were constructed. Mr. Qureshi, City Manager , stated the street would be constructed so it would be possible to extend it to the west of the lot in the future. Councilman Schneider stated if the lot split is approved, any street assessments could possibly be paid at the time the split is recorded with the County. Mr. Qureshi, City Manager, felt there was a way to resolve the issue, however, he wanted to make sure the improvements constructed to serve this lot were paid. Mr. Hanson, the petitioner, stated he understood the road constructed would be a temporary one which could be extended at some future date. Mr. Qureshi stated the street would be 20 feet with curbing and sewer and water provided for this lot before the road is constructed. He stated he felt this would be a better approach rather than only putting in a driveway which would eventually have to be removed to allow for future expansion of the street. He stated the road would be built in a piecemeal fashion because Mr. Hanson is ready now to proceed with his lot split which isn' t the case with the other property owners. He stated the City wouldn' t maintain it because it would not be a full width street at this time. Councilman Schneider stated the intent is to make sure that anyone buying this lot will bear the expense of putting in a road. Mr. Herrick stated he felt this could be done by an agreement filed when the lot split is recorded. Mayor Nee felt perhaps it could be handled by the petitioner requesting these improvements as a condition of the lot split. -2- I' QXXIL. MEETING OF AUGUST 20_, 1984 ' Mr. Herrick stated an agreement could be drawn and recorded as part of the abstract that payment of the assessments is binding on the petitioner or his successors. Mr. Flora stated if a petition was going to be received for the street improvement, stipulations two, three, and four could be deleted. MOTION by Councilman Schneider to grant lot split, L.S. #84-08 with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) signed park fee agreement of $750 ; (3) split to be registered at the County prior to issuance of a building permit, or before October 15, 1984; (4) front yard setback of 44 feet; (5) rear yard setback of 25 feet; (6) petitioner agrees to provide a petition to the City for street and utility improvements and that all special assessments for these improvements will be billed against the property,.. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �o �<<� i4r ff�nJw r✓ �� 3. CONSIDERATION OF MOORE LAKE PROJECT EASEMENTS (TABLED AUGUST 6 , 1984) e hl� fJCcj�/` r, Mr. Flora, Public Works Director, stated in the development of the Moore Lake diversion, there was a requirement to plac a storm sewer system across four properties. He stated the Finance Direct o has identified the cost of those easements based on the judge's decision o award payment. He stated the Council has the amount of the awards to e four property owners before them and these costs are included in Project No. 132. MOTION by Councilman Schneider to authoriz the City administration to make payment for the easements , as outlined by the Finance Director , for Moore Lake Porject No. 132. Seconded by Counci man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the tion carried unanimously. NEW BUSINESS: 4, RECEIVING PETITION NO. 7-1984RESERVE AREA: MOTION by Councilman Barnette to r eive Petition No. 7-1984. Seconded by Councilman Fitzpatrick. Upon voice vote, all voting aye, Mayor Nee declared the motion carried usly. Mr. Flora, Public Works Directo , stated a visit was made to Reserve Supply to investigate the noise probl He stated Reserve supply has gone to a thrid shift from 10:00 p.m. to 6:30 a.m. in order to load their delivery trucks for the next day. He stated Reserve Supply ind'cated they would talk to their drivers and fork lift operators to try and r olve this issue. Councilman Fitzpatrick a ked if the persons signing the petition were notified as to what has tr spired. -3- z � COUNCIL MEE'T'ING OF AUGUST 20, 1984 Mr. Flora stated a letter was received today from Reserve Supply and staff would notify them of what actions Reserve supply would be taking to try and reduce the noise level. Mayor Nee questioned if his night shift was necessary. Mr. Flora stated he was advised it is essential to meet their deliveries, as there was an increase in business which required a third shift. Councilman Fitzpatrick stated he talked to Steve Olson of the City staff and it seems they are doing more loading in the front. Mr. Flora stated it is hoped they can shift there operation so it isn' t in the front, as well as to take other measures to minimize the noise from the operation of the fork lifts. 5. gECEMNG BIAS FOR MOORE LAKE RESTORATION PROJECT, PHASE II (BIDS OPENED AUGUST 14, 1984 11:00 A.M.) : Mr. Flora stated bids were received and opened on August 14 for Phase II of the Moore Lake Restoration Project. He stated only two bids were received and they were considerably higher than the engineer 's estimate for the project. Mr. Flora stated the Environmental Protection Agency requires three bids be received so it is requested these bids be received and rejected so the project may be readvertised. MOTION by Councilman Schneider to receive the bids. BIDDERS NAME BID BOND BID AMOUNT Lamatti and Sons 5% 453,090.00 Park Construction 5% 453,981.00 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to reject the bids and direct staff to meet with the consultant to re-evaluate the project. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Dave Kuechenmeister of Clean Flo Laboratories in Hopkins, Minnesota appeared before the Council to offer an alternative to the City' s project for the restoration of Moore Lake. He stated he felt their proposal should be considered because of the cost and demonstrated success they have had in other locations. Mr. Kuechenmeister stated their program would cost about $78,000 compared with $93,000 estimated by the engineer for the restoration of Moore Lake. Mr. Kuechenmeister stated some of the lakes they have restored are Laddie Lake in Spring Lake Park and Willow Lake in Vadnais Heights. -4- PAR CITYOF FM DLLY CIVIC CENTER 6431 UNIVERSITY AVE N E . FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 August 22, 1984 Don Hanson 148 Onondago N.E. Fridley, MN 55432 Dear Mr. Hanson; On August 20, 1984 the Fridley City Council officially approved Lot Split, #84-08, to split off 121 feet of .Lot 28, Auditor's Subdivision No. 129, and Outlot A, Jim Lund Addition; to make a new building site at 1501 73 1/2 Avenue N. E. with the following stipulations: �o 1 . Provide 27 ft. street easement for possible future use. Signed park fee agreement of $750. 3. Split to be registered at the County prior to issuance of a building permit , or before October 15, 1984. 4. Front yard setback of 43 feet. 5. Rear yard setback of 25 feet. Petitioner agrees to provide a petition to the City for street and utility improvements and that all special assessments for these improvements will be billed against the property. \o %, -s As of January 1 , 1983 , the City is required by State Law to record all formal City Council actions affecting real property with the County Recorder. Accordingly, it will be to your advantage to complete the above stipulations as expediently as possible. Please contact me at your earliest convenience to arrange a meeting to discuss this matter and to establish a time table for completion of the stipulations. If I can assist you in this matter, or any other mattters , please contact me at 571-3450, extension 171 . I can be reached at this number Monday through Friday, 8 :30 a.m. to 5:00 p.m. Thank you for your time, cooperation and consideration in this matter. Sincerely, a�off. James L. Robinson Planning Specialist JLR/de I ackcnowledge e�eipt of this information. cc : Files 3/5/17/16 _ _ Al Kane / Date 8 RESOLUTION NO. 99 — 1984 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #84-08, TO SPLIT LOT OFF THE SOUTHERLY 121 FEET OF LOT 28, AUDITOR'S SUBDIVISION NO. 129, AND OUTLOT A, JIM LUND ESTATES ADDITION, THE SAME BEING 1501 73 1/2 AVENUE N.E. WHEREAS, The City Council approved a lot split at the August 22 , 1984 , meeting, and WHEREAS, such approval was to split off the Southerly 121 feet of Lot 28, Auditor's Subdivision No. 129, and Outlot A, Jim Lund Estates Addition, to make a new building site at 1501 73 1/2 Avenue N.E. , and WHEREAS, The City has received the required Certificate of Survey from Don Hanson, and WHEREAS, such approval will make a new residential building site. NOW, THEREFORE BE IT RESOLVED, that the City Council directs the County of Anoka to record this lot split within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10th DAY OF September 1984. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK 3/7/17/17 L.S. #84-08, Don Hanson jTATE'GF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY In the Matter of Lot Split, L.S. #84-08 -' - Split off 121± ft. of Lot 28, A.S. #129 PLAT/LOT SPLIT and Outlot A, Jim Lund Estates to make a new building site at 1501 73 1/2 Avenue N. E. Donald Hanson , Owner 1482 Onondaga The above entitled matter came before the City Council of the City of Fridley and was heard on the , day of Au ust 1984 , on a petition for a plat pursuant to . p City of Fridley's Platting Ordinance, for the following described prop rty Lot 28, Auditor' s Subdivision #129 along with Outlot A, Jim Lund Estates IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See Council minutes of August 6, 1984 and August 20, 1984 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I , Sidney C. Inman, City Clerk for the City of Fridley with an in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /f.4,C day of 2?ZA,,.cA"1 19 y' DRAFTED BY: City of Fridley �— 6431 University Avenue N.E. �AFridley, -MN 55432 SIDNEY INMLERK " y�AMn II w i rY Myr ♦ �'f • 7 2 +� . r•�� a n� •.. •J w,rr��l� �} . J CouNCTr. MFF'r'rtr; OF AUGUST 6, 1984 to about 50 cents per subscriber per month. Mayor Nee stated he understood Storer agreed to submit the FCC which was previously required to be sent to the FCC. Mr. Wegemef stated this report only shows gross revenues and is information which ,a a Council has in their possession. T Councilman Hamernik stated Storer had indicated t y felt Bloomington and St. Louis Park would respond favorably to the r est for a rate increase in their cities. Mr. Wegemer stated he would ho to have the actual reports from these cities by the end of this month. Mayor Nee asked that these reports from oomington and St. Louis Park be sent to the Council when they are rec MOTION by Councilman Barnette to ive the second reading of Ordinance No. 816 and adopt it on the second ading and order publication. Seconded by Councilman Fitzpatrick. U a roll call vote, Councilman Barnette, Councilman Fitzpatrick, Cou , ilman Hamernik, and Mayor Nee all voted in favor of the motion. Mayo/Nee declared the motion carried unanimously. NESS BUSINESS: 4. 10, 1984: Mr. Qureshi, Ztsan nager, stated the proposed 1985 budget is for $7,635,948 which repre increase of 3.79% over the 1984 budget. He stated it is a balanced budget as required by the Charter. He stated, essentially, the mill rate ,would probably remain in the area of 14 - 15 mills. He stated the budget " sn't provide for any increase or cutback in the level of City servi MOT by Councilman Fitzpatrick to receive the 1985 proposed budget and set tl public hearing for September 10, 1984. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RECE NG THE MINUTES OF THE PLANNING COMMISSION MEETING OF JULY 18, 1984: 5A. CONSIDERATION OF LOT SPLIT REX?UFST, L S #84-08 BY DON HANSON rM Ar r3% A NEW BUIL IIC SITE AT 1501 73 1/2 AVENUE: Mr. Flora, Public Works Director, stated the request is to split off the lot facing Onondaga Street. He stated, in reviewing this lot split, it was found there were a number of other properties in the area that could possibly be split and staff looked at access should these splits occur. He stated this information was presented to the Planning Commission when they reviewed the lot split. Mr. Flora stated if the lot split is approved, it is recommended a 27 foot street and utility easement be provided in order to provide for an extension -6- 61tKTT ME TIM OF AIK;US'T 5. 1984 of 73 1/2. Mr. Flora stated the Planning Commission called for a public notice of this lot split and a number of persons came to the meeting to discuss it. Mr. Flora stated a neighboring property owner stated he may consider a split of his lot in the future. Mr. Flora stated the Planning Commission recommended approval of the lot split with nine stipulations, which he reviewed. Mr. Qureshi, City Manager, stated the problem is the property to the south is already developed and the possibility of getting right-of-way to serve any of the properties which may eventually split would, he felt, be extremely difficult. Mr. Qureshi stated because of this question regarding access for possible future development, he would suggest this item be tabled until the ward representative, Councilman Schneider, is present. MOTION by Councilman Fitzpatrick to table this item to the next regular meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5B. CONSIDERATION OF A SPECIAL USE PERMIT, #84-121 ZO AILOW A REPAT_R GARACT AT 8080 UNIVERSITY AVENUE Irl E. BY MIDA MUFFIFR• i Mr. Flora, Public Works Director, stated this is request to construct a Midas Muffler Shop at 8080 University Avenue an the code requires a special use permit for an auto repair garage. Mr , "Flora stated the zoning is correct and the proposal meets all cod/req `cements. Mr. Flora stated the Planning Commirecommended approval of this special use permit with stipulations fndscaping and drainage plan, no outside storage, and five feet setback around the building wherever possible. Mr. Qureshi, City Manager, felt it would be better to have more landscaping in some of the area designated for parking. Mr. Taylor, the petitioner, stated that area would be where the drainage is located and would be bermed, however, he didn' t object to eliminating several parking stalls for additional landscaping. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant special use permit, SP #84-12, to allow a repair garage at80 "0 University Avenue with the following stipulations: (1) an approved andscape plan with irrigation system; (2) no outside storage; (3) app"roved drainage plan; and (4) any place on the building that isn' t an access door be provided with a five foot curb to protect the building from parked cars. Seconded by Councilman Barnette. Upon a voice -7- THE MINL= OF THE RDGUIAR CXUNCIL MEETING OF THE FRTmT.FY CITY COUNCIL OF AUGUST 20, 1984 The Regular Meeting of the Fridley City Council was called to order at 7:43 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of;,iiiegiance to the Flag. / ROLL CALL: MEMBERS ENT: Mayor Nee, Councilman nette, Councilman Schneider Councilman Hamernik Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MTN=e MOTION by Councilman Barnett to pprove the minutes as presented. Seconded by Councilman Hamernik. U a voice vote, all voting aye, Mayor Nee declared the motion carried usly. ADOPTION OF AGENU)A: ( MOTION by Councilman Bar ette to app e the minutes as presented. Seconded by Councilman Hamern' Upon a voi e vote, all voting aye, Mayor Nee declared the motion rried unanimously. OPEN 7here was no r nse from the audience under s item of business. 1. - 01 , TO HOMES F TT)LEY (TABLED JUNE 18, 1984) : MOTION Councilman Fitzpatrick to set the public hearing on this plat for Sept r 10, 1984. Seconded by Councilman Barnette. Upon a voice vote, all yotinq aye, Mayor Nee declared the motion carried unanimously. 2. C>ONSTDERATTON OF LOT SPLIT REOUEST L S #84-08 TO ALLOW A NEW BUILDING STTF AT 1501 73 1/2 AVENUE BY DON HANSON (TABLED AUGUST 6, 1984) : Mr. Flora, Public Works Director, stated this is a request to split off the southerly portion of the property which faces Onondaga Street to provide approximately a 10,000 square foot lot. Mr. Flora stated, because there are adjacent property owners which could ( also split off the lots, the Planning Commission notified these owners to COUNCIL MEFr'ING OF AUGUST 20, 1984 determine if there was any interest in splitting their property. He stated ) it was found there was some interest so consideration should be given for extending 73 1/2 Avenue. Mr. Flora stated the Planning Commission, therefore, made a recommendation to approve the lot split with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) asphalt curb work on 73 1/2 Avenue to be done by City's contractor at owner's expense; (3) property owner to provide driveway to street; (4) driveway to be removed at no cost to the City in the event the street goes through; (5) signed park fee agreement of $750; (6) split to be registered at the County prior to issuance of a building permit, or before October 15, 1984; (7) front yard setback of 44 feet; (8) rear yard setback of 25 feet; and (9) payment of special assessments. Mr. Flora stated staff would add one additional stipulation to provide an escrow of $7,000 for future extension of the street. Mr. Herrick, City Attorney, stated he would not be in favor of providing an escrow. He stated the City would be holding funds with no certainty the project is going to proceed and felt it wasn't consistent with other street improvements that were assessed as they were constructed. Mr. Qureshi, City Manager, stated the street would be constructed so it would be possible to extend it to the west of the lot in the future. Councilman Schneider stated if the lot split is approved, any street assessments could possibly be paid at the time the split is recorded with the County. Mr. Qureshi, City Manager, felt there was a way to resolve the issue, however, he wanted to make sure the improvements constructed to serve this lot were paid. Mr. Hanson, the petitioner, stated he understood the road constructed would be a temporary one which could be extended at some future date. Mr. Qureshi stated the street would be 20 feet with curbing and sewer and water provided for this lot before the road is constructed. He stated he felt this would be a better approach rather than only putting in a driveway which would eventually have to be removed to allow for future expansion of the street. He stated the road would be built in a piecemeal fashion because Mr. Hanson is ready now to proceed with his lot split which isn' t the case with the other property owners. He stated the City wouldn' t maintain it because it would not be a full width street at this time. Councilman Schneider stated the intent is to make sure that anyone buying this lot will bear the expense of putting in a road. Mr. Herrick stated he felt this could be done by an agreement filed when the lot split is recorded. Mayor Nee felt perhaps it could be handled by the petitioner requesting these improvements as a condition of the lot split. -2- CXCMIL MEETING OF AUGUST 20, 1984 ( Mr. Herrick stated an agreement could be drawn and recorded as part of the abstract that payment of the assessments is binding on the petitioner or his successors. Mr. Flora stated if a petition was going to be received for the street improvement, stipulations two, three, and four could be deleted. MOTION by Councilman Schneider to grant lot split, L.S. #84-08 with the following stipulations: (1) provide a 27 foot street easement for possible future use; (2) signed park fee agreement of $750 ; (3) split to be registered at the County prior to issuance of a building permit, or before October 15, 1984; (4) front yard setback of 44 feet; (5) rear yard setback of 25 feet; (6) petitioner agrees to provide a petition to the City for street and utility improvements and that all special assessments for these improvements will be billed against the property. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3• MA`J1LEStiTIO` OF OGRE LVE TYEQr SMEMEVIS (T BI D AT)G)ST 6 1 98 4) i Mr. Flora, Public Works Director, stated in the development sythe Moore Lake diversion, there was a requirement to place a storm sew the across four pr rties. He stated the Finance Director has iden led the cost of those eas ents based on the judge's decision to award yment. He stated the Council s the amount of the awards to the four property owners before them and these sts are included in Project No. i MOTION by Councilrrl�n Schneider to authorize City administration to make payment for the ease nts , as outlined by e Finance Director, for Moore Lake Porject No. 132. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor declared the motion carried unanimously. N91 BUSTNESS 4. RECEIVING PETITION Np, 7-198 AREA:_ MOTION by Councilman Barrette to rece've Petition No. 7-1984 . Seconded by Councilman Fitzpatrick. Upon a vol vote, all voting aye, Mayor Nee declared the motion cried unanimously. Mr. Flora,. Publi orks Director, stated a vi 't was made to Reserve Supply to investigate a noise problem. He stated Re rve supply has gone to a thrid shift f 10:00 p.m. to 6:30 a.m. in or to load their delivery trucks for a next day. He stated'Reserve Supply indicated they would talk to thei drivers and fork lift operators to try and resolve this issue. Councilman Fitzpatrick asked if the persons signing the petition were notified as to what has transpired. -3- r i Numerical,, Grantor Grantee Recorded/r Checked Margin Jr.Index OFFICE OF COUNTY RECORDER STATE OF MINNESOTA, COUNTY OF ANOKA. hereby certify that the within instru- ment was in tis offi = ce for record on the j, q{� A.D., 19 o'clock 41� ,"G'i+�was duiy recorded in book page -_-- 06 my Re-corder By 7 /2 �1�rD City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 Attn: Planning Department