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LS85-06 44 SUBJECT• CITY OF FAIDLEY. LOT SPLIT LS f &431 L"VCA=ITY /iVE. NE. Fp [7Lir. WAN. Cis43e toun.6"-3430 RECORDED: 00 ADDRESS: T f�Q��I._ �h �_ _ GATE: 2 - S PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: --_ NAME "r vS FEE �O i RECEIPT N0_Z 7170 PROPERTY OWNER(S) TELEPHONE NO TELEPHONE NO —4770 ADDRESS(ES)_ PROPERTY LOCATION ON STREET LEGAL DESCRIPTION OF PROPERTY A � TOTAL AREA OF PROPERTY �j�]��� Say - `�' PRESENT ZONING REASON FOR LOT SPLIT flet 11Wa `o The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE: S1 GNATURE &4V212 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) L LOT SPLIT APPLICATION PROCEDURE 1. Obtain application fors at City Hall (6431 University Avenue N.E., Fridley). 2. Return completed application form with the Ted sketch of the eiproperty involved and the lot split fee of X100.00oeachoriginal ng split. 3. The application will be checked over by Staff and the owner say 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. S. When all the conditions of the lot split have been complied with, the applicant should file the lot split in Anoka Countyr after the City Council has passed a resolution. 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. Form No.5•M—WARRANTY DEED — Minnesota Uniform Conveyancing Blanks(1978) M01 -0—s Co.MmneapoM1s Individual W to Joint Tenants s No delinquent taxes and transfer entered;Certificate of Real Estate Value ( )filed ( )not required / Certificate of Real Estate Value No. ,19 V County Auditor by I I Deputy STATE DEED TAX DUE HEREON: $ 127.60 Date: Sept. 24 g5 , 19_ (reserved for recording data) FOR VALUABLE CONSIDERATION, Evelyn Cornelius and Forrest Cornelius, husband and wife ,Grantor(s), (marital status) hereby cpnvey(s)and warrant(s)to Stephen E. Lowe and Debra A. Lowe, husband and wife ,Grantees as joint tenants,real property in Anoka County,Minnesota,described as follows: The South 95.0 feet of the Easterly half of Lot 1, "AUDITORS SUBDIVISION NUMBER 39", according to the duly recorded plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. ppb ect to restrictions, reservations and easements of record, if any. APPrOVED FOR TRANSFER wii) —�W' Itthc)Ut_ urldiilGr,S ' lls I OrcTe one ) (if more space�s needed,cominue on back) oge0itV Ojthi a� e Tints an_d appurtenances belonging thereto,subject to the following exceptions: Gate. Y�r� / s 8y. L�'2 ' ✓"" (SEAL) - Evel n ornelius \fCis Ur���d fay �tamlt Hu-.' Y orres� rne�iu`s STATE OF MINNESOTA 1 ANOKA ( SS' COUNTY OF 111 The foregoing instrument was acknowledged before me this 24th day of September ,lg 85 , by Evelyn Cornelius and Forrest Cornelius husband and w f Grantor(s). NOTARIAL STAMP OR SEAL(OR OTHER TVrLZ OR RANK) JO ANN M.CIRKS yy SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT ;iNOTARY PUBLIC—MINNESOTA Z _ AN COUNTY Sjf be sent to(Include name and of iddiiarti o!Grantee)this instrument should My Comm EaDv14 Mar 1 lOS7 Y • THIS INSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): 43 CI"IYOF F14DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 July 3, 1985 TO WHOM IT MAY CONCERN: The City of. Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #85-06, by Evelyn Cornelius, to split the East half of Lot 1 , Auditor's Subdivision No. 39 into three sections, one section being the North 20 feet of the East half of Lot 1 , Auditor's Subdivision No. 39 to be added to Lot 4, Block 1, Wilson Addition, the second section being the South 75 feet of the North 95 feet of the East half of Lot 1 , Auditor's Subdivision No. 39, and the third section being the South 90 feet of the East half of Lot 1, Auditor's Subdivision No. 39, all to be used for single family residences, the same being 4000 Main Street N.E. Anyone who wishes to be heard on this request can attend the Planning Commission meeting on Wednesday, July 17, 1985 in the Council Chamber of City Hall at 6431 University Avenue N.E. at 7 :30 p.m. VIRGINIA SCHNABEL CHAIRWOMAN PLANNING COMMISSION L.S. #85-06 6 V 4000 Main Street Evelyn Cornelius Ward 3 lir E.//4 CORNI - /�.a.m...._. SEC 54 100 1 M -- -.� /* z , 2 ` - �49 f + 7 + ' NIF if. WI 2 I � .•:•:•:�Yr:Y.•. ••ri•; V::•s•• . . . . . . . . . . AAr T . .�.•.•��•�•�•• • \ T - gy ocilicti, 2 2 ; 1� �Ilii/r�4 • ,1 / -_-- —L•�`-- __ __ _ _ _•• J 3 • I �� 20 -� 1 --s -27 - ;i - -27 + r- -'- . I i 2c - d .Z� -J 2B__ d i 7 f 2S ZS - _L _ 25' a _ sir ! zz Zz 2/ O .rr t/ - 14 /� /z /9 /I Af CA 7 ?7 - I •�� N�ifiS�in I PJR'ifit � � 1.t < >J _ . 4zja 23 • a zi e 1z - � LOCATION MAP 46 Planning Comm 6/28/85 City Council MAILING LIST Evelyn Cornelius L.S. #85-06 Evelyn Cornelius 4000 Main Street N.E. Fridley, MN 55421 Duane Tollefson 5480 - 105th Lane N.W. Coon Rapids, MN 55433 Darlene Austin 10 - 402 Avenue Fridley, MN 55421 Henry Zimmer 4021 California Street Fridley, MN 55421 Forrest Cornelius 4020 Main Street N.E. Fridley, MN 55421 LAW OFFICES DYGERT & DYGERT 414 TITLE INSURANCE BUILDING 400 SECOND AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55401 ROBERT W.DYGERT 812) 333-2411 JERRY O.DYGERT W.DALE WEYHRICH August 17, 1973 Mr. J. E. Vostick Manager Property Sales Burlington Nor rhern incorporated 176 East Fifth Street St. Paul, Minnesota 55101 Dear Mr. Vostick: The undersigned is executor of the Estate of Mable F. Gadbois, deceased, from whom Burlington Northern purchased the following described property in Anoka County, Minnesota: The West one half of Lot 1 of Auditor' s Subdivision No. 39, according to the recorded plat thereof. On August 16, 1972 our office talked with Mr. John Curtis in reference to the boundary line of this property. This conversa- tion was followed up a few days later with a personal telephone conversation between myself and Mr. Curtis in which he assured me that it was not the intention of the Railroad to use any of the property east of the extended line of California Street, even though the property actually purchased would seem from the plats to extend about 60 feet beyond California Street in an easterly direction. He also assured me that this property would not be .de- veloped, but would be used as sort of a "buffer" zone. Miss Gadbois has died since my conversation with Mr. Curtis and the writer is executor of her Estate. We have made ar- rangements to sell the Gadbois property, being the east half of Lot 1 . ►-ie purchaser, however, is complaining to us that someone has started to plow up the 60 foot strip referred to under the claim that he has a lease from the Railroad. M DYGERT & DYGERT Mr. J. E. Vostick August 17, 1973 Page II Our purpose in writing to you is twofold: 1. We wish to be informed as to whether the Railroad has leased out the easterly 60 feet or some such area of the property purchased from Miss Gadbois. If so, would you inform us as to how long this lease will run, and whether the property will be avail- able to the owner of the Gadbois property for lease in subsequent periods. 2. If the property in question is available for sale, we wish to be informed. It may well be that the person who is purchasing from the Gadbois Estate will want to acquire this 60 foot strip inasmuch as it appears to be an integral part of the property, and does not have any real economic use except as a part of the Gadbois property. For your information we are enclosing a photocopy of the plat furnished us by Mr. Curtis in August of 1972 which pur- ports to show the property purchased by the Railroad as developed from certain aerial photos of the area. Very truly yours, /DYGERT & DYGERT Robert W. Dyger RWD/gz Enclosure 6T MEMO TO: John Flora, Public Works Director MEMO FROM: Jim Robinson, Planning Coordinator 0— MEMO DATE: July 30, 1985 REGARDING: Lot Split at 4000 Main Street N.E. Planning Commission reviewed the above referenced lot split request at their July 17 , 1985 meeting. At that time they approved the request with stipulations. Two stipulations which were agreed upon but are not reflected in the minutes are that the shed on the proposed lot line between Parcel A and B be removed upon approval of the lot split and that Parcel. A be 'combined with the lot to the North at the same time the lot split is recorded , Please make the Council aware of these additional stipulations. JLR/dm M-85-67 CITY OF FRIDLEY. COMMISSION APPLICATION MINNESOTA REVIEW �m rn NvnDw e. op• _ Apprwrea Dy Planning 49 RL[ No. ^000's L.S. #85-0 �!• OATR COMPLETE REVIEW CHECKLIET 6/24/85 4000 Main Street RETURN TO PLANNING out GATE COMMENTS El JIM hr PHILDarrel , l Mark (! r1 vto D�!1M ,e 1r'1`j �'P[4�� C I de �xrl I ohn 17,5c), `/ L e 01"'1 i r' .� +..moo jr-7 12 e c) Fc-;,e 4)o?/_ G ✓�.d'H✓ve-,-- j�it%�O� ' Giu �-t �t.G"� ��. / �r�!'�.l�rrr � '.��� � •�'��r�r.«.i�'� L. S. #85-06 4u 4000 Main Street Evelyn Cornelius Ward 3 �C Q � X10 � r `•1 C(`U LX rj qw CA/V ;�� - - - fY OF MINNEAPOLIS ZONING MAP L.S. #85-06 6 V 4000 Main Street Evelyn Cornelius Ward 3 N l)� CAIFOP-NIA n N cn 03 D N Ln 0 N � J OD 7/P777 ¢Of ��?D 9 D' 75 ' 20' MAI N STREET N L I s 1 Z7•6+ f_ __ _.� _- 13' ,o U -4 4o zo .5 t"z 60 0 �, 3 �' 4 0 IL 'y J 4-IO•�967.3Rs -- Z3S.3`19 K � m 'CWG >BAS"C /Z. F= `�AT t ciePr Ti.le Ir o,-aTN qsA 5D IV l S w -- 2 10,65 3z 4aoa i to '[h4ir So r N 9 5.0 Pa,--T- C" 1 1 loo12-If *eT =A10 35 40 N. bar C.owk rv%4 A i s-K-tS .. N 21 REGISTERED1 LAND .- SEFR'v eY0''R � 6809 pIr 'g 213 �� 3 Op MITA, cfv"J& ��- " T>1 P-C-Z L. �t1~ - 71.4.E cM.0 �c"ET ©� j LI C. iZ�tsT * D�Zo R s 81�t V is t o+J (y,0 p/►�r►GJt=� r B� 'j'r1>r C �3T /2 pF OT l , jCG�fT -T" NTN S.O e2G4f=• CXC P-r R40^D cn D c-L'o e`s ->u,.B.D(v«LOCI tAo. 39 PLANNING COMMISSION MEETING, JULY 17, 1985 PAGE 9 MOTION BY MR. KONDRICK, SECONDED BY MS. GABEL, TO CLOSE THE PUBLIC H ARING ON P.S. #85-02. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECL ED THE PUBLIC HEARING CLOSED AT 9:02 P.M. Mr. Oquist stated he thought they had gotten a little lost to what this public hearing was actually for. He was not sure they wer ready to discuss what should be done with the park. They have gotten som good input from the consultants and some input from the citizens, but i was not a concensus input because the citizens have not had the opportune to discuss this among themselves before coming to a public hearing. He st ted maybe the park issue should go back to the Parks & Recreation Commissio and then it can come back to the Planning Commission when there is a ncensus of the citizens as to what they would like to see done in the park Mr. Kondrick agreed. He stated this issue s ould come back to the Parks & Recreation Commission where it belongs. T interest in the Parks & Recreation Commission is to change the park from wha it is into something that is more usable and more fun for the residents. efore this had all happened, the Commission had wanted to have a public earing at their August meeting. He stated they would like to have that blic hearing and have the issue of the preliminary plat continued until th have gotten more input from the citizens. Then they can come back to the Pla ning Commission and City Council with some recommendations as to what n and should be done with the park. Mr. Minton stated he supported 4r. Kondrick's concept of deferring this issue. He felt both the discussions hey have had at this meeting and the engineering information was important, t now it was important for this to go back to the Parks & Recreation Commiss'on in order to get some neighborhood input. Ms. Gabel stated she al o agreed. She had been very confused with this whole discussion. MOTION BY MR. KONDR K, SECONDED BY MR. MINTON, TO TABLE PRELIMINARY PLAT, P.S. #85-02, MEADO LANDS PARK, BY TH:; CITY OF FRIDLEY, AND THAT THE ISSUE OF PARK DEVELOPMENT D DESIGN BE RESUBMITTED TO THE PARKS & RECREATION COMMISSION FOR MORE INPUT. Mayor Nee st ed the City Council was the only body that can authorize a replat, and as far s he knew, the City Council did not authorize the City to petition for a rep? t of public land. He stated that in order for the City to sell park land, th City has to have a public hearing in order to find an excess. The City Ch rter requires the City Council to have a public hearing to hear all come s and find if there is an excess for the purposes for which the land was dona d. None of that has happened, and he did not know why the public hearing on a preliminary plat was before the Planning Commission. He had also thought th public hearing was to discuss the park improvements. a.. PLANNING COMMISSION MEETING, JULY 17, 1985 PAGE 10 3. LOT SPLIT REQUEST: L.S. #85-05, BY J. A. MENKVELD b ASSOCIATES: Split Lot 2, B'iocTc �1,Brookview Second Addition into four two 75 foot ots , one 81 .5 foot lot and one 82.29 foot lot, to be used for single famil residences , the same being 6771-6781-6791-6795 Brookview Drive N.E. Mr. Robinson stated the lot was located just to the wes of Brookview Drive, north of 67th and bordering on 68th Ave. This large 1 t was zoned R-1 as most of the area is. He stated the proposal was to divid the lot into four single family lots. Each meet the minimum of 75' lot wid . The only variance needed for the houses would be lot area. None are 9,000 sq. ft. If the Planning Commission approves the lot split, they will au matically approve the variance for the lot area. Mr. Robinson stated Staff would recommend a following stipulations: (1) park fees- 3; (2) the lot split be recorded at he County prior to any building per- mits being issued. Dr. Vos stated he would be very happ to see single family homes in this area. The houses Mr. Menkveld is buildin now have improved the area tremendously. MOTION BY MR. KONDRICK, SECONDE BY MR. WELLAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT, L.S. #8 -05, BY J. A. MENKVELD & ASSOCIATES, TO SPLIT LOT 2, BLOCK 1, BROOKVIEW SE ND ADDITION INTO FOUR LOTS, TWO 75 FOOT LOTS, ONE 81.5 FOOT LOT, AND ONE 82. FOOT LOT TO BE USED FOR SINGLE FAMILY RESIDENCES, THE SAME BEING 6771-6781- 91-6795 BROOKVIEW DRIVE N.E. , WITH THE FOLLOWING STIPULATIONS: 1. PARK FEES (3) 2. THE LOT SPL T BE RECORDED AT THE COUNTY BEFORE BUILDING PERMITS ARE ISSUED. The petitioner r. Menk veld, expressed some concern that he would not be able to obtain a b lding permit and begin building on the first lot before the lot split was r orded at the County. Mr. 0 uis stated he would recommend the City Council work out some arrangement SO t oDttitioner Can u1 On e first lot before the lot spl1t is recorded. XUPONVOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION UNANIMOUSLY. ist stated this item would go to City Council on Aug. 5. 4. LOT SPLIT REQUEST L.S. # 85-06�'BY EVELYN CORNELIUS: Split the East half of Lot u ifor s Su o. 39 into three sections , one section being the North 20 feet of the East half of Lot 1 , Auditor's Subdivision No. 39 to be added to Lot 4, Block 1 , Wilson Addition, the second section being the South 75 feet of the North 95 feet of the East half of Lot 1 , Auditor's Subdivision No. 39, and the third section being the South 90 feet of the East half of Lot 1 , Auditor's Subdivision No. 39, all to be used for single family residences, the same being 4000 Main Street N.E. •, PLANNING COMMISSION MEETING, JULY 17, 1985 PAGE 11 Mr. Robinson stated this lot was located just west of Main St. and south of 401-2 Ave. The proposal was to take the existing lot and split it into three sections. He stated Staff would recommend the following stipulations if the lot split was approved: (1 ) park fee; (2) the lot split be recorded at the County prior to any building permit being issued or prior to Oct. 15, 1985; (3) finalsurveyed dimensions of lot split meet city code. MOTION BY MR. MINTON, SECONDED BY MR. SIELAFF, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. #85-06, BY EVELYN CORNELIUS, TO SPLIT THE EAST HALF OF IAT 1, AUDITOR'S SUBDIVISION NO. 39 INTO THREE SECTIONS, ONE SECTION BEING THE NORTH 20 FEET OF THE EAST HALF OF LOT 1, AUDITOR'S SUBDIVISION NO. 39 TO BE ADDED TO LOT 4, BLOCK 1, WILSON ADDITION, THE SECOND SECTION BEING THE SOUTH 75 FEET OF THE NORTH 95 FEET OF THE EAST HALF OF IAT 1, AUDITOR'S SUBDIVISION NO. 39, AND THE THIRD SECTION BEING THE SOUTH 90 FEET OF THE EAST HALF OF LOT 1, AUDITOR'S SUBDIVISION NO. 39, ALL TO BE USED FOR SINGLE FAMILY RESIDENCES, THE SAME BEING 4000 MAIN STREET N.E. , WITH THE FOLLOWING STIPULATIONS: 1. PARK FEE 2. THE LOT SPLIT BE RECORDED AT THE COUNTY BEFORE ANY BUILDING PERMIT IS ISSUED OR PRIOR TO OCT. 15, 1985 3. FINAL DIMENSION OF LOT SPLIT MEET CITY CODE. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Oquist stated this would go to City Council on Aug. 5. 5. REVIEW OF CHANGES TO CHAPTER 205 OF THE FRIDLEY CITY CODE - ZONING• Mr. Robinson stated these were changes that had to be cleaned p in the code. He stated he would review the changes page by page with the ommission. Page 55 & 71 Under 205.07.5.A(3) and 205.21 .7.A(2) , Parking R uirements, the Commissioners agreed that the words "filed by the City" sho be added to the sentence. Page 56 Under 205.07.6.D(2) , Drainage and de Requirements , the Commissioners recommended the Engineering Staf relook at the maximum scope (grade) as they felt maybe the 1 :10 (lq%) gra was too restrictive. Pages 61 , 63, 64, 66, 67 9 - Uses Permitted with a Special Use Permit Mr. Robinson stated at at this meeting, they had recommended approval of a special use per t for screened exterior storage of materials. He asked if the Commission elt a special use permit should be required for exterior storage of m erials and equipment that is screened or just be required for unscreened xterior storage. PLANNING COMMISSION MEETING, JULY 17, 1985 PAGE 12 + The Commissioners agreed this was a concern and Staff should do a little more research into this. Some factors that might be considered are (1 ) adjacent land use; (2) size of storage area; and (3) visibility from right of Mr. Robinson stated the City Building staff was recommending that 'n R-3, all commercial and all industrial zoning, concrete curb and gutters a required in the parking lots. They have done some investigation and it h been found that the gutter portion is really not any more expensive bec se it is laid with a machine. The City feels this would be a good requi ment to have. The Commissioners agreed with this requirement. MOTION BY MS. GABEL, SECONDED BY MR. KONDRICK, TO RE OMMEND TO CITY COUNCIL THE APPROVAL OF THE CHANGES TO CHAPTER 205 OF THE IDLEY CITY CODE - ZONING ALONG WITH THE RECOMMENDED CHANGES AS DISCUSSED OVE BY THE PLANNING COMMISSION. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRP RSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE JUNE 6 1985, HUMAN RESOURCES COM SSION MINUTES: MOTION BY MR. MINTON, SECONDED BY MR. NDRICK, TO RECEIVE THE JUNE 6, 1985, HUMAN RESOURCES COMMISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, ICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE JUNE 10, 1985, ENERGY P OJECT COMMITTEE MINUTES: MOTION BY MR. SIELAISECIONND BY MR. WELLAN, TO RECEIVE THE JUNE 10, 1985, ENERY PROJECT COMMIS. UPON A VOICE VOTE, AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY8. RECEIVE JUNE 11 , 19TY DEVELOPMENT COMMISSION MINUTES: MOTION BYIDUNANIMOUSLY. T, SECONDED BY MR. MINTON, TO RECEIVE THE JUNE 11, 1985, COMMUNITYNT COMMISSION MINUTES. UPON A VOALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CA 9. RECEIVE J85, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: MOTION Y MS. GABEL, SECONDED BY MR. KONDRICK, TO RECEIVE THE JUNE 13, 1985, HOUSI G & REDEVELOPMENT AUTHORITY MINUTES. UP A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION C RIED UNANIMOUSLY. I PLANNING COMMISSION MEETING, DECEMBER 4, 1985 PAGE 8 Mr. John Pollard stated he has maintained this property for many years, so he is petitioning to have this property revert back to his lot so he can do what- ever is needed to get the property back into shape. MOTION BY MR. OQUIST, SECONDED BY MR. WELLAN, TO RECOM14END TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #85-06, BY JOHN POLLARD TO VACATE THE UNUSED JOHNSON STREET DEDICATION LYING NORTH OF SKYWOOD LANE AND SOUTH OF I-694, WITH THE STIPULATION THAT A 10 FT. UTILITY EASEMENT BE MAINTAINED ON THE EASTERLY PORTION OF THE PROPERTY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. VACATION REQUEST: SAV #85-07, BY CHARLES S. COOK: Vacate the drainage and utility easement over, across and through a west 5 feet and the north 5 feet of Lot 1 and Lot 2, Block 3, Riverwo Manor. Mr. Robinson stated the location of this lot split was ju north of 71st Way and west of East River Road. It was part of the Riverwo School Plat. After the plat, it was discovered there were some existing lities over Lot 1 and Lot 2, Block 3. The utility companies have no prob m with the lot split, and Staff would recommend its approval . MOTION BY MR. SABA, SECONDED BY MR. MINTON, T RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #85-07, B CHARLES S. COOK, TO VACATE THF. DRAINAGE AND UTILITY F.ASE14ENT OVER, ACROS AND THROUGH THE WEST FIVE FEET AND THE NORTH FIVE FEET OF LOT 1 AND LOT 2, LOCK 3, RIVERWOOD MANOR. UPON A VOICE VOTE, ALL VOTING AYE, AIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE NOVEMBER 5, 1985 ENER COMMITTEE MINUTES: MOTION BY MR. SABA, SECOND BY MR. MINTON, TO RECEIVE THE NOV. 5, 1985, ENERGY COMMITTEE MINUTES UPON A VOICE VOTE, VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY 7. RECEIVE NOVEMBE 7 1985 HUMAN RESOURCES COMMISSION MINUTES: MOTION BY MR. MINTON, SECONDED BY MR. SABA, TO RECEIVE THE NOV. 7, 1985, HU14AN RESOU CES C01414ISSION MINUTES. UPON A V ICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIE UNANIMOUSLY. Mr,/ inton stated the Minnesota Department of Human Rights (MDHR) would like t City of Fridley to formally adopt a Worksharing Agreement. Basically, the Brreement said the City would agree to voluntarily help the MDHR through the No-Fault Grievance Committee. Once the Agreement is approved, they would have to have people trained before the Agreement would become effective. The Human Resources Commission had made a motion to forward this Agreement on to the Planning Commission and City Council for approval . PLANNING COMMISSION MEETING, DECEMBER 4, 1985 PAGE 7 Mr. Oquist stated that if for some reason development of the other phases did not happen, this property could become landlocked. Maybe they should add a stipulation that says access easement should e provided from Mississippi if all other phases fail in order to prevent thi development from becoming landlocked. Mr. Robinson stated that was a good point. /Two options exist. One would provide access throuqh the liquor store, another ould provide access west of the shopping center. Mr. Saba asked if there was a rk fee associated with this development. Mr. Robinson stated that based on s are footage, the park fee would be $2,760. Mr. Saba stated that did not so d like a very large park fee for the size of this development and the numbe of people who will require more park space. Mr. Camp had expressed a val ' concern that maybe more park space or playground equipment will have to be a ded because of more people being added to the area. Mr. Camp stated the amou of $2,760 for a park fee seemed like an infinitesimal amount of money for 119 residential units. fie stated Mr. Charles Cook has a 45-lot plat. Mr. Cook s park dedication fee will be around $45,000 for 45 homes. There was definitely something wrong, and maybe the City should be figuring the park fee on a fferent basis, so there was more equitable fees. Ms. Gabel stated she could understand what "1r. CooK was saving; however, the City Council w the body that establishes the park fees. MOTION BY MR MINTON, SECO17DF.D BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. ##85-08, BY LOU LUNDGRF.N, TO SPLIT OFF THE SOUTHERLY 90 FEET OF LOT 1, BLOCK 1, SYLVAN HILLS PLAT 7 AND THE SOUTHERLY 190 FEET OF LOT 1, BLOCK. 1, SYLVAN HILLS PLAT 6 FOR PROPOSED DEVELOPMENT, THE SAME BE NG 248 MISSISSIPPI STREET N.E. AND 214 MISSISSIPPI STREET N.E. , WITH THE FO LOWING STIPULATIONS: 1. THE LOT SPLIT BE CONTINGENT UPON SUCCESSFUL ACQUISITION OF PROPERTY BY THE HRA. 2. IF NECESSARY, AN ACCESS EASEMENT FRO1." MISSISSIPPI BE PROVIDED TO THE APARTMENT COMPLEX. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. VACATION RE UEST.�#85-06Y JOHN G. POLLARD: acate the unuse reet dedication lying north of Skvwood Lane and south of I-694. Mr. Robinson stated the utilities have been notified of this vacation request, and NSP,Northwestern Bell , and Storer Cable are requesting a utility easement be maintained on the easterly 10 ft. of the property. COUNCIL MEETING OF AUGUST 5, 1985 PDTION by Councilman Barnette to receive the 1986 prel!OF dget and set the public hearing for September 9, 1985. Seconded by Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declareotion carried unanimously. 6. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETIJULY 17 1985: 6-A. OONSIDERATION OF SPECIAL USE PERMIT SP #85-05 ALLOi9 EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT, 7773-7779 HERS ROAD N.E. BY DON SCHIOSSER• Mr. Burda, Asst. Public Works Director, state this is a request for a special use permit to permit the outside stora of equipment and materials at 7773- 7779 Ranchers Road N. E. He stated he Planning Commission has recommended approval of this request wit the stipulation that the petitioner work with the City staff for dditional landscaping to be completed by the fall of 1985. MOTION by Councilman Goodspeed to concur ith the unanimous recommendation of the Planning Comm i ssi on-and approve ci al use permit, SP #85-05, with the stipulation that the petitioner w k with the City staff for additional landscaping to be completed by the f 1 of 1985. Seconded by Councilman Barnette. Upon a voice vote, all v ting aye, Mayor Nee declared the motion carried unanimously. 6-B. -CONSIDERATION OF LOT SPLIT UEST LS #85-05 TO SPLIT ONE LOT INTO FOUR LOTS TO BE USED FOR S&WSLE FAMILY RESIDENCES 6771-6781-6791-6795 BROOKVIEW DRIVE N.E. BY .A. MENKVELD & ASSOCIATES: Mr. Burch, Assistant Public orks Director, stated this request is to split Lot 2 of Block 1, Brookv i Seoond Addi ti on i nt o f our 1 of s to be use d f or single family residences. He stated the Planning Commission recommended approval with the stipul tion that the three park fees be paid and the lot split be recorded at County before building permits are issued. Mr. Burch stated t City would ask the petitioner cooperate with any projects along 67th Avenue, as far as utility easements and assessments. Mayor Nee questi d why the property was being split instead of platting it. Mr. Burch ated it would be quicker to split the lot rather than plat it. Mr. Herrick, City Attorney, stated it seems to him the City's policy, in the past, has n to require a plat except where someone had a parcel of land and wanted to split off one building site. He stated he didn't recall where a lot split was allowed of a parcel for four building sites. He stated, has ev er, he is not saying this cannot be done. Mr. eshi, City Manager, stated the ordinance requires property can be Spli if the legal description is simple. He stated, in this case, the lot spl its are quite easy to describe. He stated his only concern is that the pr per utilities are provided since there are no utilities to serve the two -3- COUNCIL MEETING OF AUGUST 5, 1985 middle lots. He stated in order to build on theses, it would be necessary for the petitioner to provide utilities nd also to obtain a survey of the four lots in order to get exact ions. The petitioner stated he was aware uti ' es had to be provided to service the lots. MDTION by Councilman Goods d to concur with the unanimous recommendation of the Planning Comm' sion and approve lot split, LS #85-05, with the following stipula ' s: (1) three park fees be paid; (2) the lot split be recorded at th unty before building permits are issued; and (3) that final di sions of the lots meet City code. Seconded by Councilman Fitzpa ck. Upon a voice vote, all voting aye, Mayor Nee declared the m on carried unanimously. 6-C. CONSIDERATION OF IDT SPLIT REQUESTr IS #85-06 LAND TO BE USED FOR SINGLE FAMILY RESIDENCES, 4000 ET N.E. , BY EVELYN CORNELIUS• Mr. Burch, Assistant Public Works Director, stated this is a request for a lot split in order to make an additional building site. He stated the Planning Commission recommended approval with stipulations for payment of the park fee; recording of the lot split at the County; and final dimensions of the lot split meeting the City code. Mr. Cornelius, the petitioner, stated he would like to eliminate Parcel A frau this lot split. Councilman Fitzpatrick asked if this was done, how close the south wall of Mr. Cornelius' hone would be to the property 1 i ne. Mr. Cornelius stated it would meet the code requirements of ten feet. He also stated he would like the park fee deferred until such time as a building permit is issued. MDTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and approve lot split, LS #85-06 with the following stipulations: (1) park fee becomes due and payable if and when there is a building permit issued on Parcel B; (2) the lot split be recorded at the County before any building permit is issued or prior to October 15, 1985; and (3) the final dimensions of the lot split meet City code. Seconded by Councilman Barnette. Mr. Qureshi, City Manager, advised Mr. Cornelius that if the park fee is deferred, the cost may be different in the future in comparison to what he would pay now. Mr. (brnelius stated he wasn't worried as he wouldn't be the one building on the lot. UPON A VOICE VOM TPM CN THE PBCWE MDTION, all voted aye, and Mayor Nee declared the motion carried. 6-D. -REVIEW OF CHANGES TO CHAPTER 205 AND CHAPTER 6 OF T CITY (DDE-ZONING, AND SET PUBLIC HEARING_-F9R UST 19, 1985: MDTION by Councilman Schee �reset the public hearing for August 19, 1985 -4- COUNCIL FETING OF SEPI'E BER 23, 1985 NDTION by Councilman Fitzpatrick to approve an authorize the execution of this joint powers agreement for installation of traffi 'signals and 69th Avenue and CSAR #35 (Old Central) . Seconded by Counci an Schneider. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. 9. RECEIVINGj CERTIFICATE OF CORRECTION TIO P P.S. #81-02 HEATHER HILLS WEST BY TOM BRICKNER: Mr. Flora, Public Works Directo stated since this plat, P.S. #81-02 , was approved, the surveyor has f d three errors in the property descriptions and is requesting Council roval to make the corrections. He stated these changes are not very ificant an involve changing a few dimensions on the 1 ines. MOTION by oilman Schneider to execute the Certificate of Correction to the Hea r Hills West Plat, P.S. #81-02. Seconded by Councilman Barnette. Upon voice vote, all voting aye, Mayor Nee declared the motion carried nimously. 10. RESOLUTION NO. 69-1985 REGARDING L6�SPLIT #85-061,)4000 MAIN STREET N E , BY EVELYN CORNELIUS: Mr. Flora, Public Works Director, stated the Council approved a lot split for two parcels of property south of 40th Avenue off Main Street at their August 5th, 1985 meeting. He stated a Certificate of Survey has been received and for this lot split to be recorded at the County, a resolution f ran the Council is necessary. MOTION by Councilman Fitzpatrick to adopt Resolution No. 69-1985. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 70-1985 REGARDING IDT SPLIT #85-05 67TH AND BROOKVIEWDRIV E, BY J.A. MENKVELD• Mr. Flora, Public Works Director, stated the Council ap ved a lot split for a large parcel of property west of Brookview and h of 68th Avenue at their August 5, 1985 meeting. He stated the Cer ' icate of Surveys have been received and in order for this lot split be recorded at the County, a resolution frau the Council is neeessa MOTION by Councilman Goodspeed to a pt Resolution No. 70-1985. Seconded by Councilman Schneider. Upon a v vote, all voting aye, Mayor Nee declared the motion carried unanimo 12. RESOLUTION NO. 1-198 IRECTING PREPARATION OF ASSESSMENT ROLL FOR 1985 ERVICE NNECTIO . MDTIDN by. Co Gilman Schneider to adopt Resolution No. 71-1985. Seconded by Council Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the m on carried unanimously. -9- COUNCIL MEETING OF SEPTEMBER 23, 1985 13. RESOLUTION NO. 72-1985 DIRECTING PUBLICATION OF HEARING ON PROPOSED ASSESSMENT ROLL FOR THE 1985 SERVICE CONNECTIONS: MDTION by Councilman Schneider to adopt Resolution No. 72-1985. Seconded Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee decla d the motion carried unanimously. 14. CLAIMS MOTION by Councilman Barnette to authorize payment of Clai s No. 4551 through 4757. Seconded by Councilman Schneider . Upon a vo' ce vote, all voting aye, Mayor Nee declared the motion carried unanimousl . 15. LICENSES: MOTION by Councilman Fitzpatrick to approve the lice s as submitted and as on file in the License Cserk's Office. Seconded by uncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. 16 . MOTIDN by Councilman Barnette to approve the imates as submitted. Allied Blacktop Company 10503 - 89th Avenue N Maple Grove, MN 55369 FINAL ESTIMATE . . . . . . . . . . . . . . . . . . $ 12,945.60 St. Imp. Proj. ST 1985-10 (Seal t) Hickok and Associates 545 Indian Mound Wayzata, M4 55391 Moore Lake Restoration oject II Period Ending 8/31/8 . . . . . . . . . . . . . . . $ 7,387.60 H & S Asphalt 700 Industry Avenue Anoka, MJ 55303 Street Impr ement Project ST 1985-1&2 Partial E imate No. 6 . . . . . . . . . . . . . . $ 21,758.89 Concrete b Company 771 Lady b' rd Lane Burnsv' e, MQ 55337 85 Misc. Concrete Curb, Cutter & Sidewalk Project rtial Estimate No. 5 . . . . . . . . . . . . . . $ 7,266.55 nded by Councilman Schneider. Councilman Schneider asked if the cost for sealcoating at Holly Shopping -10- THE MIIJAF.S OF THE RDaW MMMM OF THE FRIDLEY CITY COUNCIL OF DECEMBER 2, 1985 7he Regular meeting of the Fridley City Council was called to order at 7:30 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 FRFSENT: Mayor Nee, Councilman Goodspeed, Councilman Fitzpatrick, Cbuncilman Barrette, and Councilman Schneider MEMBERS ABSENT: None PRESENTATION• CERTIFICATE OF APPRDCIATION: CARDLYN M SVENDSEN, HOUSING AND REDEVEILPMENT AUTHORITY: Mayor Nee stated a number of citizens serve the amnuni ty as volunteers on various City commissions. He stated one cf the most important commissions is the Housing and Redevelopment Authority as they have a very serious part in the development of the amnunity. Mayor Nee stated this evening the Council wished to recognize the service of Carolyn Svendsen who served on this axnnission from June, 1985 to November, 1985 by presenting her with a certificate of appreciation. Mayor Nee and the Council members extended their thanks to Carolyn for her contributions made to the community. APPROVAL OF MINUTES: COUNCIL MEETING, NOVEMBER 18, 1985• MDTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENM: Ihe fallowing items were added to the agenda: Consideration of a Sign Plan for Skywood Mall and Commending the Staff on their Snawp1 cw ing Efforts. 14DTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -1- COUNCIL MEETING OF DECEMBER 2, 1985 OPEN FORUM, VISITORS• Mr. Bill Camp, 6280 University Avenue, stated he wished to discuss the sign which was installed on Satellite Lane. Mayor Nee stated the Council would get into this discussion in conjunction with the item on the housing project for this area. PUBLIC HEARINGS: 1. PUBLIC HEARING ON A FINAL PLAT, P. S. #85-06 , RIVF.F&IDOD PARK, BY CHARLES S. IrDTIDN by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously, and the public hearing opened at 7:35 p.m. Mr. Flora, Public Works Director, stated this plat is located west of East River Road, north of 71st and south of 71-1,/2 Way. He stated it is bounded on all sides by single family homes and is the site of the old Riverwood Elementary School. Mr. Flora stated the plat calls for a subdivision of that parcel into three blocks, with a total of 31 single family lots, all which would meet the City code requirements. Mr. Flora stated there are two exceptions to the plat, one is privately owned and the owner has requested sewer and water be extended into the property for hook-up to his sewer system which would require an easement. The other deals with the large residential lot to the north of the plat. He stated staff has a concern regarding these two outlots which possibly could go tax forfeit in the future. He stated it is recommended, therefore, that outlots A & B be dedicated as a street and utilities right-of-way or an easement so it will allow for future development of the parcels, if appropriate in the future. Mr. Charles Cook, the developer, stated that he would prefer to change the outlots to roadway easements so they are maintained by the property owners and to eliminate the future tax forfeiture of these parcels. Mr. Qureshi, City Manager, stated the developer is proposing an easement controlled by him and if, in the future, these property owners wished to split their property, they would have to approach Mr. Cook for access. Councilman Schneider asked if they wouldn't be landlocking the exception property. Mr. Herrick stated that is a possibility. He stated it doesn't create a legal problem as such, but the Council should recognize the possibility of a loggerhead sometime in the future. He stated, if there were to be outlots, he felt the fee ownership should rest with Mr. Cook; however, he would also be in a position to dictate the price for which he would sell to adjacent owners. He stated you have a situation where the persons that own the exceptions don't want to participate in the cost. -2- WJNCIL ?NTNG OF DECKER 2. 1985 Councilman Barnette asked Mr. Cook if he had talked to these owners and if they wish to participate. Mr. Cook stated he talked to both property owner,- and wnersand neither of then have any interest in participating in the project. Mr. Herrick stated it seems the City has several choices. He stated these exceptions could be platted as outlots, owned by Mr. Gook, and he would have oontrol over what happens over these outlots in the future. Mr. Herrick stated another possibility would be a private easement to Mr. Cook and, again, he would have control over what happens to the use of the property, as far as easements are concerned. Mr. Herrick stated another alternative is the City require the easements be dedicated to the public and the affect of this action would be the persons owning the two exceptions would be getting a free ride and access without paying. Mr. Herrick stated the City could also assess these owners at this time for improvements and give them a deferral on payment until such time as they develop their property. Mr. Flora stated the property owner on 71-1/2 Way has shown some interest in splitting his parcel. He stated the property owner on East River Road has an interest in connecting to sewer and water, but no interest in splitting his property. The property owners of these two exceptions were not present this evening at the public hearing. Councilman Fitzpatrick felt perhaps these two property owners may not be aware of what is happening and how it affects them in the future. He thought they should be notified of the implications so they can make a choice. Mr. Herrick stated a letter should be sent to these proprty owners which summarizes the discussion taken place this evening. He stated if Mr. Cook controls the easements and if they choose to access onto Riverwood Drive, they would have to secure access from Mr. Gook. He stated the information received this evening is these owners have chosen not to participate in the cost of the improvements at this time and the alternatives and consequences should be pointed out to then. He felt a response should be received f rom then before the next Council meeting. Councilman Fitzpatrick felt the staff should proceed to contact these owners as recommended by the City Attorney. No other persons in the audience spoke regarding this proposed plat. MUTIDN by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:55 p. m. 2. CONTINUED PUBLIC HEARING ON THE TRANSFER OF CONTROL OF STORER COMKJ IICATIONS, INC TO SCI HOLDINGS, INC (CONTINUED 11/18/85) Mayor Nee reopened the public hearir:g on this item at 7:55 p. m. Mayor Nee stated a letter was received from Storer and SCI Holdings responding to the questions raised by the economic analyst. -3- COUNCIL MEETING OF DKM= 2. 1985 responding to the questions raised by the econamic analyst. MDTION by Councilman Fitzpatrick to receive the communications from Storer and SCI Holdings. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Gary Gandrud, representing Storer, stated he has been in contact with Mr. Matz, the Cable Commission attorney. Storer Communications and SCI Holdings is prepared to agree to guarantee and build the capital improvements the City is concerned about and give such security that this franchise, after the merger, will provide the upgrading. Mayor Nee asked if this agreement would be compatible with the letter received from Storer several years ago regarding these items. Mr. Gandrud answered in the affirmative and stated Storer heard the City's concerns and made a positive response. Mr. Gary Matz, attorney for the Cable Commission, stated one of the concerns which came out of the report by the financial analyst was if the company would have the financial resources to make the necessary or desirable improvements at the time of the franchise renewal. He stated Storer indicated they would be willing to commit to improvements and enter into an agreement to amend the existing ordinance to specify those improvements. He felt, if this was done, it would provide the security for the concerns raised, as far as their future capabilities. Mayor Nee stated he felt it really comes down to some guarantee for the 54 channels and security of the public access. He felt assurances were needed for a continuing commitment to access and local origination activity. Mr. Matz stated the support for public access hasn't been discussed in detail in regard to Fridley's system, but is something that could be addressed. Mr. Gandrud stated Storer would be in total agreement with the Council ' s concerns and would agree to continue to provide security for public access in the form of a corporate guarantee as well as the promise to go to 54 channels. Councilman Barnette asked what effect this merger would have on the cost of cable to the consumer. Mr. Rolandi, Regional Business Manager for Storer, stated he didn' t believe approval of the merger would result in any difference in rates than might otherwise occur. He stated they have the responsibility to provide the best service, and if rates are raised too much, they will not have subscribers. He felt it was something beyond their control and the Council's. Mr. Gandrud stated since the merger is very imminent, if the Council would be so inclined they would appreciate a motion approving the concept, subject to contracts being approved. -4- r CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 Evelyn Cornelius CITY COUNCIL 4020 Main Street N.E. Fridley, MN 55421 ACTION TAKEN NOTICE On August 5, 1985 , the Fridley City Council officially approved your request for L.S. #85-06 to split Lot 1 , A.S. #39 into three sections , all to be used for single family residences with the following stipulations : 1. Park fee agreement. 2. The lot split to be recorded at the County prior to any building permit being issued or prior to October 15, 1985. 3. Final surveyed dimensions of lot split meet City Code. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, r c James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. 9 Concurith ac ion taken CITY OF FMDLEY CIVICCENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612) 571-3450 Evelyn Cornelius 4020 Main Street N.E. CITY COUNCIL Fridley, MN 55421 ACTION TAKEN NOTICE On September 23, 1985 , the Fridley City Council officially approved your request for approval of resolution for L.S. #85-06 with the following stipulations : 1 . Park fee of $750 to be paid prior to construction on the new lot. Not applicable if left vacant. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Janes L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. Concur with action taken STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) 1, the undersigned, being the duly qualified Deputy City Clerk of the City of Fridley, Minnesota, and acting on behalf of and in the absence of Sidney C. Iman , City Clerk of the City of Fridley, do hereby certify that I have carefully compared the attached extract from the Minutes of a COUNCIL meeting of the City Council of the City of Fridley held SEPTEMBER 23, 1985, with the original on file in the office of the City Clerk of the City of Fridley, Minnesota, and the same is a full, true and complete transcript therefrom insofar as the same relates to: RESOLUTION NO. 69 - 1985 RESCLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #85-06, TO SPLIT THE EAST HALF OF LOT 1, AUDITOR'S SUBDIVISION NO. 39 INTO TWO PARTS, ONE PART BEING THE SOUTH 95.0 FEET OF THE EAST HALF OF LOT 1, AUDITOR'S SUBDIVISION NO. 39, AND THE SECOND PART BEING THE EAST HALF OF LOT 1, EXCEPT THE SOUTH 95.0 FEET THEREOF, AUDITOR'S SUBDIVISION NO. 39, ALL TO BE USED FOR SINGLE FAMILY RESIDENCES, THE SAME BEING 4000 MAIN STREET N.E. WITNESS MY HAND as Deputy City Clerk of the City of Fridley, Minnesota, and the seal of the City, this 23TH DAY OF SEPTEMBER, 1985. (SEAL) SHIRLEY A. H_AAPALA, DEPUTY CITY CLERK CITY OF FRIDLEY RESOLUTION NO. 69 - 1985 RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L.S. #85-06, TO SPLIT THE EAST HALF OF LOT 1 , AUDITOR' S SUBDIVISION NO. 39 INTO TWO PARTS, ONE PART BEING THE SOUTH 95.0 FEET OF THE EAST HALF OF LOT 1, AUDITOR' S SUBDIVISION NO. 39, AND THE SECOND PART BEING THE EAST HALF OF LOT 1, EXCEPT THE SOUTH 95. 0 FEET THEREOF, AUDITOR'S SUBDIVISION NO. 39, ALL TO BE USED FOR SINGLE FAMILY RESIDENCES, THE SAME BEING 4000 MAIN STREET N.E. WHEREAS, the City Council approved a lot split at the August 5, 1985 meeting; and WHEREAS, such approval was to subdivide the East half of Lot 1, Auditor's Subdivision No. 39 into two parts, one part being the South 95.0 feet of the, East half of Lot 1, Auditor's Subdivision No. 39, and the second part being the East half of Lot 1, except the South 95.0 feet thereof , Auditor 's Subdivision No. 39, all to be used for single family residences, the same being 4000 Main Street N.E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WIIERFE , such approval will enable the owner to sell the East half of Lot 1, Auditor's Subdivision No. 39 as two separate residential lots. N(IV, 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 such approval shall become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3rd DAY GF S�� ember 1985. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK 3/7/3/8 ' a STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS rT'rV nr rDTn{ rV In the Matter of a Lot Split request K � MG, (See attached legal ) PLAVLOT SPLIT Evelyn Cornelius Owner The above entitled matter came before the City Council of th City of Fridley and was heard on the 5th , day of August , �I985 , on a petition for a plat pursuant to tTe City of Frid ey s Platting Ordinance, for the following described property: (See attached) IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See City Council minutes of August 5, 1985 'NTERED 19 Aladitor,Anoka Count( Flo- STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Siuney C. Inman, (pity 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 day of 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. c. Fridley, MN 55432 SIDNEY I N, TY CLERK r 's j,9 COUNCIL MEETING OF AUGUST 5. 1985 middle lots. He stated in order to build on these lots, it wpkrn be necessary for the petitioner to provide utilities, and al obtain a survey *of the four lots in order to get exact dimensicns 7he petitioner stated he was aware utilities o be provided to service the lots. MDTIO14 by Councilman Gocadspee concur with the unanimous recommendation of the Planning Commi ' n and approve lot split, LS #85-05, with the following stipula (1) three park fees be paid; (2) the lot split be recorded at unty before building permits are issued; and (3) that final nsions of the lots meet City code. Seconded by Councilman Fi trick. Upon a voice vote, all votina ave, payor Nee decl=ared the motion carrier: unanimously. 6-C. CONSIDERATION OF IDT SPLIT REQUTST, LS #85-06 LAND M BE USED FOR SINGLE FAMILY RESIDENCES, 4000 MAIN STREET N.E. , BY EVELYN COR'Z LI US: Mr. Burch, Assistant Public Works Director, stated this is a request for a lot split in order to make an additional building site. He stated the Planning Commission reoorrnended approval with stipulations for payment of the park fee; recording of the lot split at the County; and final dimensions of the lot split meeting the City code. Mr. Cornelius, the petitioner, stated he would like to eliminate Parcel A frau this lot split. Cbuncilman Fitzpatrick asked if this was done, how close the south wall of Mr. Cbr ne 1 i us' hone would be to the property 1 i ne. Mr. Cbrnelius stated it would meet the code requirements of ten feet. He also stated he would like the park fee deferred until such time as a bu i 1 di ng permit is issued. MDTION by Councilman Fitzpatrick to concur with the unanimous recommendation of the Planning Commission and approve lot split, LS #85-06 with the fol1cwing stipulations: (1) park fee becomes due and payable if and when there is a building permit issued on Parcel B; (2) the lot split be recorded at the County before any building permit is issued or prior to October 15, 1985; and (3) the final dimensions of the lot split meet City code. Seconded by Councilman Barnette. Mr. Qureshi, Qty Manager, advised Mr. Cornelius that if the park fee is deferred, the cost may be different in the future in comparison to what he would pay now. Mr. Cornelius stated he wasn't worried as he wouldn't be the one building on the lot. UFON A VOICE VOTE TkKEN CN THE PBCVE MOTION, all voted aye, and Mayor Nee declared the motion carried. 6-D. RE-VIEW OF CHANGES TO CHAPTER 205 AND CHAPTER 6 OF THE FRIDLEY CITY CODE-ZOhZNG, AND SET PUBLIC HEARING FOR AUGUST 19, 1985: MDTION by Councilman Schneider to set the public hearing for August 19, 1985 -4- L.S. #85-06 Evelyn Cornelius 4020 Main Street N.E. Fridley, MN 55421 Split the East half of Lot 1 , A.S. #39 into three sections, one section being the North 20 feet of the East half of Lot 1 , A.S.#39 to be added to Lot 4, Block 1 , Wilson Add. , the second section being the South 75 feet of the North 95 feet of the East half of Lot 1, A.S. #39, and the third section being the South 90 feet of the East half of Lot 1 , A.S. #39, all to be used for single family residences , the same being 4000 Main St.r-Aft- ;r!-to 2 p' r`Y w 6025 Numerical GFantol Grantae Recsorded Checked Margin V Index OFFICE OF COUNTY RECORDER STATE OF MiMMESO(A, COU14TY OF AilOK1# I hereby ce<<4y ti--,It the within instru+ ment was fi!edin this cifice for record on>the SEP 16 1985 A.9., 19 r/ o'c;ock M., and was duly recorded Lri +' in book Pace co County Recorder Ely Deputy Planning Department City of Fridley 6431 University Ave. N.E. Fridley, MN 55432