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PS81-02 t ATTACHMENT F -1 s'�ii�.lL��f� CITY iCJY— SUBJECT ZONING ACTION ZOA # .._._ 3 Co 6431 UNIVERSITY AVE. NE. VACATION SAV # FRIDLEY, MN. 6tj432 (612),571-31350 PLAT PS #_ /--lJ Y _...._. ......act. :moi ORDINANCE NO PUBLISHED ADDRESS A DATE _ PLANNING COMMISSION: APPROVED DISAPPROVED___. DATE �� y/ _ NO Z CITY COUNCIL: PUBLIC HEARING DATE 1ST READ . 2ND READ CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME o r�cr s �i°/�K�/c.�'' FEE_ J10. 00 RECEIPT NO o" Oa'S' STREET LOCATION OF PROPERTY A c _ LEGAL DESCRIPTION OF PROPERTY Zof / , 6/43 /!bore Agk6- 9,1/5 PRESENT ZONING CLASSIFICATION / EXISTING USE OF PROPERTY /'syf�c ACREAGE OF PROPERTY ojoes-v S4C• DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION OR TYPE'OV USE AND IMP OVEMENT PROPOSED_ r �lcat 4 �y Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? ____,yes no. What 'was requested and when? The undersigned understands that: a A list of all residents and owners of proper- ty ( ) P P ty twithin 350 feet must be attached to this application. (b) This application must be signed by all owners of the prcperty, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of pro- perty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2, location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks, 4. Street nares, 5. Location and use of adjacent existing buildings (within 350 feet). i The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE_ SIGNATURE. ���Ff APPLICANIT- ADDRESS6� c� �L; '%"z��� , __4 % ,rte TELEPHONE NO / 4 (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE is hereby given that there will be a Public Hearing of the Plan- ning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day,February 25,1981 in the Council Chamber at 7:30 p.m,for the purpose of: Consideration of a Proposed Preliminary Plat, Y.S. #81-02, Heather Hills West, by Thomas Brickner,being a replat of Lot 1, Block 3, Moore Lake Hills Addi- tion, a single family residential area,located in the South Half of Section 13, T-30.,. R-24, City of Fridley,County of Anoka,Minne- sota. Generally located on the East side of Central Avenue at 6175 Central Avenue Northeast. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. RICHARD H.HARRIS CHAIRMAN PLANNING COMMISSION (Feb.11&18,1981)-FRID ATTACHMENT C PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, February 25, 1981 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Proposed Preliminary Plat, P.S. #81-02, Heather Hills West, by Thomas Brickner, being a replat of Lot 1 , Block 3, Moore Lake Hills Addition, a single family residential area, located in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located on the East side of Central Avenue at 6175 Central Avenue Northeast. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION Publish: February 11 , 1981 February 18, 1981 Project No. 134 ] B 3, BLAINE PS #81-02 C__ Thomas Brickner .,./ 97 — cooN e9Aetioa . L3f7L=. i r � ® -� SNIPING LAKE PAIR c•wI L LaU���, Y , [_v p ,119 ® G r - 0 LoCAT10111 6 = � • L 6 LL oo e94 tEn MM . ItIp1 I_ COLU►MIA L HEIGHTS nwr,r Il.a��l 1 STREET MAP-CITY OF i • ©0� C FRIDLEY .: C..:.:.. 0 3,333 6,666 f = S N• I � � ANOKA CO HCM�LI PIN Co. Ib Mg1EAKLIS ATTACHMENT H Planning Commission February 10, 1981 City Council MAILING LIST P.S. #81-02, Heather Hills West by Thomas Brickner Thomas Brickner Mike O'Bannon Mr. & Mrs. Wayne Welch 6249 Ben More Drive N.E. 5298 Fillmore Street N.E. 6115 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55421 Fridley, MN 55432 Mr. & Mrs. Walter Jacobson Steven and Carol Butgusaim KiYong & I1 -Gee Kim 6266 Ben More Drive N.E. 6160 Kerry Lane N.E. 6105 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Robert Carpenter Bonnie J. Fater Mr. & Mrs. George Lohmer 6258 Ben More Drive N.E. 6096 Woody Lane N.E. 6095 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Adib Sissi Margaret R. Nelson Richard Hartfiel 6250 Ben More Drive N.E. 6090 Woody Lane N.E. 6271 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Robert Osman Mr. & Mrs. Clinton Strand Mr. & Mrs. Harold Morgan 1431 Kerry Circle N.E. 6122 Woody Lane N.E. 6245 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Joseph Williams Mr. & Mrs. Clairmont LeaBraaten 1421 Kerry Circle N.E. 6128 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Mark Bue Mr. & Mrs. Anton Potami Mr. & Mrs. Frank Demello 6229 Central Avenue N.E. 1411 Kerry Circle N.E. 6134 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. George Skinner Mr. & Mrs. Alvin Gill Isabelle Jordal 6217 Central Avenue N.E. 1401 Kerry Circle N.E. 6133 Woody Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Max Saliterman Mr. & Mrs. Robert Donalds Mr. & Mrs. Loren Adolphson St. Anthony Village Center 1400 Kerry Circle N.E. 6131 Woody Lane N.E. 25 University Avenue S.E. Fridley, MN 55432 Fridley, MN 55432 Minneapolis, MN 55414 Mr. & Mrs. Daniel Schumacher Mr. & Mrs. Walter Rydberg Barry Pierce 1410 Kerry Circle N.E. 6127 Woody Lane N.E. 6132 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Mr. & Mrs. Karl Kreter Mr. & Mrs. William Gagner Scott B. Kohanek 1420 Kerry Circle N.E. 6125 Woody Lane N.E. 6116 Central Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 SUMMARY OF PROPOSPL BRICKNER' S TOTAL ASSESSMENT IN 1982 - $179,554 , $16,323 PER LOT FOR 11 LOTS , IF BRICKNER AND SKINNER HAD SHARED COSTS IN 1982, COSTS PER LOT (11 LOTS FOR BRICKNER AND 5 LOTS FOR SKINNER) WOULD HAVE BEEN $11,222 , SKINNERS COSTS IN 1982 FOR 5 LOTS ; 5 X $11,222 = :56,110, 1986 INTEREST TOTAL ON $56,110 AT 90 - $20,199 PLUS ORIGINAL $56,110 56,110 TOTAL 1986 FIGURE , 1986 TOTAL COSTS PER LOT (FOR FIVE LOTS) - $$15,261 BENEFITS TO R, SKINNER 1 . T. BRICKNER GAVE ALL R/II, SKINNER GETS BENEFITS , 2. BEN MORE DRIVE EXTENSION NOW ELIMINATED , 3 . CITY WILL PROVIDE WATER LOOP AT NO CHARGE , 4 . R. SKINNER WILL KNOW COSTS; WHICH WERE ESTIMATES IN I1381 , 5. R, SKINNERS PROPERTY WILL BENEFIT FROM HIGH QUALITY OF T , BRICKNER DEVELOPMENT . 6 . R. SKINNER WILL NOT HAVE TO PAY ASSESSMENT BURDENS FOR 20 YEARS OR UNTIL LOTS ARE SOLD , (ASSESSMENTS WILL BE DEFERRED AT 9% INTEREST , ) TOTAL RAINFALL •(INCHES.) = b PERCOLATION RATE (IN/HR) _ . 3 MAXIMUM- PERCOLATIOW ( INCHES) 4 PERVIOUS DEPRESSION STORAGE (INCHES), _ .3 i IMPERVIOUS DEPRESSION STORAGE (INCHES) = . 1 i PERCENT IMPERVIOUS AREA (%) = 38 { TOTAL AREA (ACRES) = 5 CATCHMENT LENGTH (FEET) = 400 CATCHMENT SLOPE (PERCENT) b SCS CURVE NUMBER =_ 61 TIME TOTAL PREC. RUNOFF_ RUNOFF ( MIN. ) (INCHES) (AC. -FT. ) (CFS) 120 . 132 4.56E-03 - tU 240 .288 .02223 -0897139 - • 360 48 - .02736 . 110417 480 72 . 0342 . 138021 : 40 .882 .023085 . 199398 570 .978 01368 .255041 600 1.086 .01539 .286921 630. - 1.224 .019665 . 366621 - 660 1.41 .026505 494141 690 1 .698 .04104 . 765122 7.0.5 2.322 . 198195 7. 6854 .* 720 = 3..978 ; 644405 25.216'? 750 4.41 . 13441 3. 14753 780 4.632 .0502349 .936545 810 .. 4..794 : .0261851 :488177 840 - 4.92 .017955 334741.. 960 5.28 .-0513 L .`:290618 - t '1200 5.712 .06156 `- _ . 118677 ` '1440= 6, .04104 .0791182 . ° TOTAL 1 _453 f - - f " n ti, 6 le D. C 7 13e, ds7 Abd d, �� �• ��9 �. ys s / 72 20..E leo oYy 26 K t { } 7- �yb iso p,o� ; c. �i7 all J 037 0.0 r, fo a G o c5 S- ��d 3 0 0, 9 3D d. 1.2f o,oz s o o , D , /rs o G9a ism v. �y , ,� p.�35 o A32- 7i� O -74-3 7;2�o �0 3o Or.t3 �yU G •• d�c TG doh/ (27 TG d p p D O o . i '- 4 �, o ,moo I k III + YD P-o"® 4 � 1 - '•. . X11 '• . • low$ ' .��� .i,_,Ayy��3.`A• ` AW rw ��a `� a � `A���,����r • :�' �� •� ' ;°�' Akl SC 41- .. .f. ` ' '�• ,.,y� • `\ , + . Mss ,� .. ���►1 � ~fid " - r. ` _ _ ',t ,i �. Ar y � ,d a.Fr? 1 el Fav 6229 Central Ave. NE r TH;ii� CITY OF DIRECTORATE OG OF C OV PUBLIC �Ar KS J� OATS March 12, 1981 F19C11. a.PW. John Flora -�, TO ACTiOi SUBJECT Nasi.m Qureshi, City Manager Replat - Heather Hills West We have been working with Mr. Thomas Brickner on the residential development_ or the portion of Heather Hills. West and Moore Lake Hills. Currently he has purchased the Moore Lake Hills Addition of Lot 1, Block 3 and submitted a proposed preliminary plat. He has also obtained an option to purchase a portion of Lot 19, Auditor's Subdivision 4122, one lot north of the plat area. He is attempting to purchase a portion of Lot 20, Auditor's Subdivision #22 but has not been successful. The entire area is incorporated in the Moore Lake Redevelopment Plan (area 2) and his plans are consistant with the HRA proposal. Attached is asche-na�i� ' c outlining the area being addressed by , r B rickner P was one proposal showing streets and lots for future development of the area. 6•:e will continue to work with him to insure a feasible plan is developed and his Plat is compatible with the existing City streets and utilities. Specific details on slopes and sizes have not been obtained as yet. JGF/mh jib". a 44 I Rol'. 176. i �J lip T �'.![. y�-t-f� die !' y � a� • .. ras. �';w tt .t �-. .. >, 4� •'t"t t f�•= , 1 j .fir-� A ` 3 2:' 3' y_. s 'S�,{�• '°f�, f N • .�'.,'..1}a7i'. ( +� . � �... y i� fj.i y � � , ar �.�y���qr�,,t r \ :-, �.5 - ,�� 31,, � y '�;,. �..' .kms- :.4' ^� y - ` :-• _,y�, a.► >'y'F ,Nilk •{ > '$Y +aV.+e•a• x �` .f .�t•�`,• -rY. -� t • r' °•P co . • .•� � �R'> _ '�' aft �R � '� -N • �!�CZk �. - •, 4A _:a. �' �` c .•:e# ..�, .t l•.yes � �w� _ •�`M� '� ���.sC# � ;�`f� �"I •� I. ��� �I�"_* T.. � u w Y•� � 'R i•, j s r � �.ss Ly � hr ru � T • � � ,�, ` t. _ is d �.y "•;,� r '!., y '•L,i.� �°` s47lw v 41 <+Y" -•. X Cts � ,y �+ r.�'„ _ ��, I i,�q y It a g�-. y k '� J'... 'tr �"'�t e,�. •� - �_.. `t1`" J*i Eli w•t.i'r t � t MAN z t��"'f �� f�• _..�. •�,i�'_ as..-' _.. •ys.Ir � .. . ..r ::;iC `r" _ _,.�,�.;» c� o.�1'�`�,..t, ****** Designers and Builders of Fashionable Homes �I RLOI=TKRKD ■UILDUR �t ** E R B UI �� LD �G Inc. S 574 - 9871 6249 BEN MORE C :'. FRIDLEY, MN. 55432 PETITrION FOR WAI'.E;R, S., Wi]R 1.922RALS Ai1D STR&E-Afs SURFACIiiu DATE, �- To the City Council of Fridley, Minnesota: We, the undersigned, constituting fifty percent (50/) of the property owners in number and in interest, in the following streets, request a Public Hearing for said improvements. Heather Hills West Addition 1. Ben [:ore Dr. 2. Oak Crest Court 3. ilenn Oak Circle Who will benefit by the proposed improvement, hereby petition that the following improvements be made: 1. Street Surfacing w/concrete curb and gutter and storm sewer 2. Sanitary Sewer Laterals and Services 3. dater Laterals and Services 4e understand that the cost of said improvement will be assessed against the benefiting property in the above described area. idA,� ADDRLSS L�:;AL D SCr�IF�'IUi` Contract Purchaser3 �'� �' Moore Lake Hills Brickner Builders %;'�i •�� /'/'tom Lot 1 Block 3 Fee Owner Moore Lake Hills Peoples Church Columbia Heights 6175 Central Ave. N.E. Lot 1 Block 3 1 I hereby certify that I have checked the above petitioners, and they do constitute fifty percent (50%) of the owners in the area affected. I �► 3 IE CITY OF DIRECTORATE o0 OF ° MEMORANDUM PUBLIC WORKS RII3LEY April 15, 1981 D.P.W. John G. Flora Public Works Dir TO ACTION INFO. =CT Nasim M. Qureshi . Plat PS #81-02 The City's plans for development of the Heather Hills-Moore Lake areas east of Old Central called for the extension of Ben More Drive to Old Central . This plan was blocked in the past by the church which owned the property involved. Mr. Brickner's proposal to develop the church property, for which he has the option to purchase, lends itself to the extension of Ben More Drive, if the remaining parcel owned by Mr. Skinner is obtained. Mr. Brickner has attempted to purchase the parcel , but has not been successful . Within the Moore Lake Redevelopment Plan, this area is identified for estab- lishment of a Tax Increment District. If this should materialize, the HRA may be able to obtain this parcel so the street could be extended. Our concern in this plat is primarily in the water lines. The cul-de-sac street is only 608 feet long; sanitary sewer can be connected into the Cen- tral Avenue line; and storm water is retained with the plat pond. While water can be obtained from Central Avenue, it should be looped and the most practical location is to Ben More Drive. If a water line is to be installed to Ben More Drive, it would seem prudent to extend the street for simple construction economies. Completion of Ben More Drive results in another exit point for the residential area and reduces the use of Kerry Lane, which has an excess vertical grade, while the road and water line need not be extended from the plat to Ben More Drive at this time. Consideration should be given to accomplishing this work as soon as practicable. JGF:ijk Designers and Builders of Fashionable Homes RtOISTURSD SNILDUR # NE R BUIL G D� g� Inc . �s 574 - 9871 6249 BEN MORE DR. FRIDLEY, MN. 55432 April 21, 1981 Honorable Mayor and City Council City of Fridley 6431 University Ave. Fridley, MN 55432 Dear Mayor and Councilpersons: Re: Heather Hills West Regarding Park Fee I would like to request that the park fee be divided and applied to each lot and paid with each building permit granted. With the expensive cost of buying and developing land and the long period of time before sales can be closed, your approval of the request would be appreciated. Sincerely, Thomas E. Brickner Brickner Builders, Inc. T x -- _ } zATM a +I d s R f 4i h a dpi �- Xf N 6- - u � � ..1 � ➢r� xl R �++rs4�sp9t,a, � hep � 1� 4 r2 c t y �' ,�',v °{r Arlo% 7� },r •�" � ,;�r t -e� �, 7 +� .: � .:. A E„t{etf9ep t '� �g I � rr .�' �,., .t ���k✓ ea k ,>p� �� � p � � � J � � �r ��'� +� t �_`.F a# ms's.�` x .�,,•. � , ',,#,, ,+x s Y S ::� $a.t♦ r P *k'<" ✓ ���#x�a � �t 7 a'�;q r"+� x4^ � '1# �r, }. .J'v s :v�� �r ar v Jam'•s^ .. �,e�,,, e� 4,�l�fi yF'�N k4 r 3 ��rf�S, ���' �. r %�-�r�k�r �.' x q'�•• � $ fiy�N � �3.f,'� R.*t�� Y � e� lz`z�,- Y�, X "�} t�.Y � �'`tt 4 ? .+s"IYs ��+ ^fie --�°`} ${'^I�•r _t ` kk� 4 A W. Trxy',Iff� ,4� p �' °b`t �'!.� xr tT �' �F{: •tR'�. r '.� �,`���" t.; �^v -�. � t.::. `fit c .� '� � �< v 17 �„ Y„�, �k Cay,: t{ •�.' 7 'i" ii l?A"#",��fy #' .F .'`� M� 9 ,�� v: "yam Cp` �F '{ tS.. A 'p i' ��.�'' 6; t i L t R y ). � E' + E•'�^T i� " , ,* h . r >r - '*• ',': ",'rix dr�t�` 15 h- "t.,� !` r .: ,��' En.,x, y"},` 'fir `",� 'n.•-a : - Cs Y �1" ,5� � x ��n d,.�•r t�. �,5' �' J 3AB Y p� x��'4 Nt�ir .? r< A 's i#0.^ � E �Cl�tkG��," �,, b ,.vw�i �c � �' � tx .. �c4 Ar,,+•' 'A . �. ✓'�f*5t „+. �,d�.'S� i �'4 } ,�"� �':;.:�erb„'f�# 14 y f''- , qi— ,�`1.'11�,p F�. 4� °' � vQ�.. `� f f•/' 1 � Z t. X l- g... x �trq �^ :i,&. ,. ', d' ,t ;-'R ;t :ZE:+Tr31* Qgg 'vq4x ,]rpt a�..z�k x �,`��.�. ... � .`.�'�a+,v �.: � :`•.yF'`A � .: ��..�„s�' r'� .:�''9 ,. t t RONALD F. MEYER Land Surveying Planning 985 Jessie St St. Paul, MN 55101 771-4586 May 18, 1981 City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 Re: HEATHER HILLS WEST ��Ar Dear Mark: L cL closed is the square footage of each lot o (-HEATHER HILLS WES you requested of Mr. Brickner. Lot 1 11,117 Lot' 7 13,784 Lot 2 11090 Lot 8 12,580 Lot 3 14,777 Lot 9 13,362 Lot 4 14,897 Lot 10 11,727 Lot 5 19,168 Lot 11 11,819 Lot 6 14,460 Outlot A 2,131 Total square foot of plat (including streets) = 198,810 If you have any other questions, please feel free to phone. Yours truly, Ronald F. MeyerA.L.S. cc Thomas Brickner �--,.' �� �-a.-� ,� i-z�»-�-� 'ti;Irl �� -�' �"'�'�` ,'moo-�' X� �. �y�--� �. OS�, o ' \ � � �, 1, J `� �r 1 J A7 6 /* cF7 1 C _ � j go sled {{YY NASIM M. QURES . HI, CITY MANAGER, AND CITY COUNCIL FrtOK: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/CITY CLERK SU3JECT: WATER, SANITARY ",EWER, AND STORM SEWER IMPP,OVEiENT PROJECT NO. 134 C.4TE: JULY 24, 1981 Water, Sanitary Seger, and Storm Sewer Improvement Project No. 13 ir,velves construction of water laterals and services, sewer laterals anJ services, sto m sewer and related appurtenances, and clearing and grubbing in the new plat of Heather Hills West iddition located in the area of 61st Avenue on the east side of Central Avenue. The lot located on the north side of Heather Place is being charged only for the share of the cost which is of benefit to that property, If this lot is later platted or divided, there mould be additional costs involved in extending the water and sewsr lines. T`•e costs affecting the Heather Hills West Addition are being divided erwally between the eleven lots in the plat, at the request of the developer. A brief summary of the assessment rates follows: t .)rth Side of Heather Place (Auditor's Subdivision No 22) The total estimated cost for water lateral is $4,697.50. The total estimated cost for - sewer lateral is 3 � The t � 5 ,8_�.CC oral estimated cost for storm sever is 50. The total ect.rated cost for cleari,ig, grubbing, etc. is $1,500.00 South Side of Heather Place and Heather Circle (Heather Hills hest A-,'r,) The estimated cost per lot for water lateral is $2,925.23. The estimated cost per lot for sewer lateral is $2,720.46. The estimated cost per lot for storm sewer is $767.05. The estimr,ated cost per lot for clearing, grubbing, etc. is '2,045.45 per lot. KNOW ALL MEN BY THESE PRESENTSn That Trustees of the Peoples Church of Columbia Hal htsir'dCto their successors in office, a Minnesota Corporation, owners and proprietors, andp�r c�ener Ed o� Inc. Profit Sharing Trust, contract purchaser of the following described property situated in the County of Anoka, State of Minnesota, to wits Lot One, Block Three (3), MOORE LAKE HILTS, Anoka County, Minnesota, according to the plat thereof on file and of record in the Office of the Registrar of Titles of said Anoka County. Have caused the Same to be surveyed and platted as HEATHER HILLS WEST and do hereby donate and dedicate to the public use forever the place and circle and also dedicate the easements as shown on this plat for drainage or utility purposes only, Also dedicate to the County of Anoka the right of access from Lots 1, 2 and 3. Block 1, to County State Aid Highway No, 35• In witness whereof said Trustees of the Peoples Church of Columbia Heights, have caused these presents to be signs by Its p oyer officers this / +� da of ��//������ (/�f ( �� --t— Y 19.�SL By Cl i..Jl w llti / ht Gt.t� By /Reverend Douglas M./ Henderson, ChairmanMa Hansen, Treasurer By S.C�"'"'' t/i�.oAM"fi1NV_ ' ',,'T J,•� gl, Q Chester A. Dunbar, Secretary Keith D. Kirk, Trustee Th—s E. Br:<kner, Trvsfee of i In witness whereof saidABrickner Builders', Inc. Profit Sharing Trust, has caused these presents to be signed this , day of 'iaA 19 By Thomas E. Brlckner, Trustee STATE OF MZNIIESOTA COANTY OF_ANOl�,'4 _ The foregoing instrument was acknowledged before me this day of 19E_by Reverend Douglas M. Handerson.its Chairman, by Chester A. Dunbar its Secretary, by Maelyn E. Hansen its Treasurer, by Keith D. Kirk its Trustee of the Trustees of the Peoples Church of Columbia Heights, and to their successors in office, a Minnesota Corporation. o;. bahalf of the corporation. f Nota•- ._.: Rens- cqunt KY Commission expires� Y. Minnesota - ,vwv....,�,... ....,..ti.... ezp c l,,w r, f9sry STATE OF MINNESOTA COUNTY OF t"n L klti. The foregoing instrument was acknowledged before me this t( day of ' r '/ 19 '? by Thomas E. Brlckner. Trustee of Brickner Builders', Inc. Profit Sharing Trust, on behalf of the trust. Notary Public, .L t County, 1`lnnssota My Comission expires . "o q ! a I hereby certify tiat 1 hire su.-reyec and platted the proper', described or L '.s ;lat as `.^4 IIliS ieSST, that this plat is a correct representatlen cf the survey, itit all dls*arees are �rrect.ly shown oa !"4 plat in feet and hundredths of a foot, that all ac thze s l re been corrsctlY placed in the ground as &horn, that the outside bo on the plat and flat there ars m wet lands or Public -r7 Mass are correctly desiguted sbcwn. highways to be designated other than as w ttonald F. Meyer, Land Sur yor Minnesota Registration No, 9051 STATE OF MINNESOTA CO(1N7r OF_A N o K A 19The foregoing Surveyor's Csrtifieate was acknowledged before me this �_ by Ronald F. Meyer. Minnesota Registration No. �9051. day of / A r �.- w•�E.R,,:, ..r•�^..a Notary Public, ' County, iyoutn�ty_.�/} nn/e%sot�ANO-(41. M. Commis&ion expires f-k We do hereby certify that on the of Fridley, Minnesota approved this Plat. day of—AL, 19 C.j , the Cit Co Y until Mayor ----�_"V�`-•'„' Clerk I hereby certify that this plat has 19 been checked and approved this a�K day o !0 10 8, Anoka County Surveyor 1 z yLIiIL T �'C- Attachment 2 of 6 October 28, 1981 PV, a I-o--T # APPLICANT DESCRIPTION pCTICN .It ,, (81-145 continued-----) 3. Construction operations perfo R in such a manner that any trash th excavated from the area be disposed of h in an appropriate manner. 81-146 ,.Thomas Brickner Heather Hills West residential development, MSP Scott/Cardinal .� cc: City of Fridley 4.57+ acres. 11 SF lots located 6175 Central Tabled With Authorization For Administrative' Avenue Northeast. Action pending receipt of: 1. Storlrwater Management Plan showing rate control and treatment provided for stormwater runoff prior to leaving the site. 2. Detailed Sediment/Erosion Control Plan. 81-147 Conservatorship of Final Site Drainage Plan and possible Wetland MSP Scott/ICing Ebba M. Jansen Alteration to allow the development of lots in Tabled pending receipt of a Final Site cc: City of Willernie Block 32 of Barnett Subdivision, located NW Drainage & Rough Grading Plan showing: quadrant of the intersection of Chatham Road 1. Existing and proposed contours on and Kimberly Road• the site. 2. Elevations of wetland area in relation to Ordinary High Water Mark and 100-year High Water Level of Washington Lake. 3. Any wetland alteration in ccrr- pliance with RCWD Wetland Preservation Guideline. 4. Sediment-Erosion control measures. 81-148 Conservatorship of Final Site Drainage Plan and possible Wetland MSP King/Soott Ebba M. Jansen Alteration to allow for the construction of Tabled pending receipt of a Final Site cc: City of Willernie single family homes on Lots 7 through 16, Blk. Drainage and Rough Grading Plan showing 39 and Lot 7, Block 38, Wildwood Manor (NE the location and extent of the proposed quadrant of the intersection of Warwick Lane filling along with Sediment-Erosion control and Kimberly Road) • measures to be employed to contain fill in the areas identified for filling and out of downstream drainageways. 81-149 Forrest Tagg "After-the-fact" wetland alteration. Applicant MSP Cardinal/Scott cc: City of Lino Lakes has constructed a wildlife duck pond at Tabled With Authorization For Admi.nistrativeI 7504 Lake Drive. Action perming completion of field investi- gation showing wetland alteration in ccur pliance with RCWD guidelines. 81-150 El Rehbein & Son, Inc. Land Development Plan for a 136+ acre residen- Consent Agenda Cardinal/Scott cc: Columbus Twp. tial development referred to as Stagecoach Tabled pending receipt of a Stlor[rsaater Junction, 26 SF lots located NW quadrant of Management Plan showing: 1. Discharge rate intersection of 159th Avenue and Kettle River control and treatment provided for the Boulevard. stormwater runoff prior to leaving the site. continued next page---------- kttachment 5 of 6 October 28, 1981 31'WiIT # APPLICANT DESCRIPTICN ACTION - (81-160, continued--) pumping rates and additional information on the specifics of the monitoring program proposed, including assurances that adequate quality control procedures will be followed. Applicant is advised that upon completion of extended tests and receipt of analytical results that indicate treatment under the conditions of this extended test are effec- tive, the Board of Managers of the Watershed District shall indicate in writing to the Department of the Army that the groundwater accunulated in the wetland may be released on a continual basis. The applicant is also advised that no discharge to Rice Creek is allowed under this action and will not f be allowed unless specific approval from the Board of Managers is granted. j' 81-161 itc Lay, Inc. Final Site Drainage Plan to allow the MSP Harstad/Scott City of Fridley construction of an additional 0.4+ acre Approved. parking lot on the existing site at 7180 Commerce Circle West, Fridley (Lot 11, Block 1, Paco Industrial Park) . 81-162 El Rehbein & Son, Inc. Land Development Plan for Lots 1 through 22, No Permit Required. cc: City of Lim Lakes Block 11, Lakes Addition No. 3 (north of Lan- tern Lane, west of Blackduck Drive and east of East Shadow Lake Drive) . 81-163 Jerry Clenas & Final Site Drainage Plan for a 40' x 40' MSP King/Harstad Anthony Larson addition to an existing building constructed Tabled With Authorization For AdministrativE cc: City of Hugo on the 1+ acre site at 15657 Forest Blvd. Approval pending receipt of Final Site Drainage Plan meeting District require- ments for controlling rate and providing treatment for stormaater runoff prior to leaving the site. C 'r # 32 City of Fridley Review and ccmient on plans for the sanitary By Consensus sewer, water and storm sewer construction The Board approved comments made in, a proposed for the Heather Place and Heather letter dated OCtober 28, 1981. Circle residential development, located SE quad of the intersection of Central Avenue and Heather Plano, Fridley (NE of Moore TAke) . • c *r CW DIRECTORATE O0� � o OF �' MEMORANDUM PUBLIC WORKS R"IL Y 6 0 July 22, 1981 ACTION INFO- TO M typ.w. Kark Burch Assist-81 Public Work Sid Ian Dir. of Finances IECT ntra ervices Estimates for preliminary Se erssmen Rall for Water. and Storm Sewer Project No. 134 510: t cost Our preliminary estimatt for the rT 34e1sn1111.875�0O. Thistotal sewer and sto nr, sewer - Project N O.cost for water, sanitary sewer and storTn Sewer can be distributed for preliminary assessment values as �� 8heerMls Lots 20 i 21 Tool West Plat Aud. Sub. 122 — Mater 632.177.50 s 4,697.50 s 36,875.00 3,925-00 33,750.00 Sanitary Sewer 29,925.00 Stone Sewer 6,437.50 2.812.50 11,250.00 Clearing, Grubbing. 7= 30__ 000r00 Class Y 22 TOTAL $93.040.00 $18,835.00 $111,875.00 K-B:ijk Gr r r, n 1 ' I PIRQ7E)C7r; Heather Hills West .residential Permit Application No. 81-146 developmen 57_ cies, 11 SF lots at 6175' Central Avenue NE, Fridley Date November 5, 1981 Applicant Thomas Brickner RICE CREEK WATERSHED DISTRICT NOTICE OF PERMIT APPLICATION STATUS At their meeting on October 28 , 1981 the Board of Managers of the Rice Creek Watershed District took the following action on your permit application: ❑Denied []Tabled EDTabled with authorization for administrative action ®Pending receipt of 1. Stormwater Management Plan showing rate control and treatment provided for stormwater runoff prior to leaving the site. 2. Detailed Sediment/Erosion Control Plan. If you have any questions , please call 483-0634 cc: City of Fridlei' E.A. Hickok & Associates ` RCWD File Bonnie Torpe Administrative Assistant FORM Ell-78 �t w Rice Creek watershed C/O CITY OF ARDEN HILLS, 1450 W. HWY 96, ' ARDEN HILLS, MINNESOTA 55112 October 28, 1981 TELEPHONE(612)633-5676 Mr. John Flora, Public Works Director Please reply to: City of Fridley Administrative Office: 6431 University Avenue NE Suite 177 Arden Plaza 3585 Lexington Ave. No. Fridley, Minnesota 55432 Arden Hills, MN 55112 (612)483-0634 Re: Project Review 81R32: City of Fridley BONNIE TORPE,Admin. Asst. Location: Southeast quadrant of the intersection of Central Avenue and Heather Place, Fridley Purpose: Review and comment on plans for the sanitary sewer, water, and storm sewer construction proposed for the Heather Place and Heather Circle residential development Dear John: Receipt is acknowledged for a set of plans for the above referenced project. The plans have been reviewed with the following comments made: 1 . The developer of the property will be required to obtain a permit from the Rice Creek Watershed District for approval of a Land Development Plan. 2 . An outlet will need to be provided for all stormwater retention areas on the property. 3 . Due to the steep slopes present on the property, extensive sediment-erosion control measures will be r -essary to contain sediment on the site and out of downstream drainageways during the construction period. It is strongly recommended that adequate sediment-erosion control measures be implemented prior to any major site disturbance, and that cover establishment measures be provided immediately upon completion of final grading. Thank you for the opportunity to review these plans. Very truly yours, EUGENE A. HICKOK AND ASSOCIATES Engineers �for - the District Peter R. Willenbrin� Civil Engineer cc: Board District Office F. Murray BOARD OF MANAGERS A.J.CARDINAL,SR. DIANE N.HARSTAD C.T.KING L.H.SCOTT,SR. E.A.PETRANGELO ANOKA COUNTY RAMSEY COUNTY WASHINGTON CO. RAMSEY COUNTY ANOKA COUNTY E.A.HICKOK&ASSOCIATES Consulting Engineers 473-4224•FRANK J.MURRAY Attorney 222-5549 , o �4 v 9`2 _L tea S �voL1-Y��s7'2-I/� �a�-t9 S �✓ 7��s' iG op i S I f i a 9,2 41 507 i L oCd Ob7/ �rA T �Z. .3 it / I/ lD her z ?! / �.-- / F G /Dv yam. D��EZ o/e y D, 3SA�-r-7- pF JJE7/EZvrEr� EyT Tyx e u�Fl /E /'oho. 37, 7,, -s-- 7-- eu��4 !f�-c� ® �i7`�/��'� Fi<�">2 ,pCYcZa �',-7 c-✓l- Y D. G G _ s; .3• �- Gds /-� GTS -" �/ ` GAS. it } yy ' t • James P. DeBenedet, P.E. Engineering Consultant November 30 , 1981 Rice Creek Watershed District c/o E . A. Hickok and Associates 545 Indian Mound Wayzata, MN 55391 Re : Permit Application no . 81-146, Heather Hills West, Fridley, MN Gentlemen: Enclosed are copies of run-off calculations and the storm water management and erosion control plan for the above referenced project. We have included the design calculations for both in-place and additional recommended storm sewers for this project together with a storm water retention basin and a controlled outlet structure. The outlet structure is to discharge through a storm sewer pipe to the existing ditch on the east side of Central Avenue north of the project . This ditch flows northerly to the intersection of Central and Rice Creek Road, under Rice Creek Road to an existing ditch which outlets to Moore Lake. My run-off calculations were prepared using your wetland preservation guideline. Run-off calculations are summarized below. Conditions Run-Off Volume Peak Run-Off Rate 100-year predevelopment 0 . 69 ac-ft 8 .00 CFS 100-year postdevelopment 0 .92 ac-ft 14.4 CFS 1-year predevelopment 0 . 26 ac-ft 3 . 2 CFS 1-year postdevelopment 0 . 35 ac-ft 5 . 7 CFS We have divided the drainage area of this site into two areas : the westerly 0. 66 acres drains directly down to the ditch along Old Central Avenue and cannot feasibly be diverted into a storm water retention basin. The remainder of the site plus some additional off-site areas to the east drain into an existing depression. We have provided sufficient run-off control so that the peak rate of run-off from the westerly 0. 66 acres plus the outflow from the pond totals .a rate no greater than that which existed prior to develop- ment both for the 100-year and the 1-year event. We are requesting 2146 Silver Lake Road New Brighton, MN 55112 (612) 631-1780 Page 2 that this plan be approved as proposed. We feel that it represents a most practical method of meeting watershed district criteria for rate of run-off control and treatment . If you have any questions in this regard please contact me at your earliest convenience . Sincerely, James P . DeBenedet , P .E . JPD/geg CC : Mr. Mark Burch, City of Fridley Mr. Thomas Brickner CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571 -3450 January 18, 1982 Pete Willingbring Rice Creek Watershed District Engineer E. A. Hickok and Associates , Incorporated 545 Indian Mound Wayzata, Minnesota 55391 Dear Pete: Due to the high cost of constructing the proposed stormwater manage- ment system in the Heather Hills West Addition in Fridley, we would like to make the following revisions: 1. By changing the slope of Heather Place to allow a depression to detain storm water for the catch basins, we can cut the cost of the project by eliminating two expensive special design catch basins. I am enclosing a proposed profile grade for Heather Place showing the depression for temporary stormwater detention. 2. By relocating the two catch basins on Heather Circle to the north, we can eliminate 130 feet of 15 inch RCP and carry this water in pipe that is already in place and not being used to capacity. 3. By revising the outlet structure, we can eliminate the wood baffle weir and still provide collection of floatables and control of dis- charge. We are also adding a catch basin cover for safety. If these revisions meet with your approval , would you please let us know as soon as possible so that we can make the changes on our plans in time for our March project letting date. If you have any questions or further revisions, please call me at 571-3450. Thank you very much for your help with this project. Sincerely, MARK L. 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' SSBI ��+1[EENI■�EEE��Ii� :1111fi�� ■ IR w %4,VR XwTvX**tl ilBi ■�1■ �Oi�i ■ ■ �r�■� Il-ii ■!li ■ '■� 1�p�yt eHE s i ,o-r.,_,;.,.wpm,,.• .A,...y. ..gaa,y�a.ageryyw.xmamr+z:srga�nRSMsgi7a�eea.s ,pusiinye RMts W:w. i' 1��G91 �if� Ir6k" �RRFaR16i � +d yp alai. `4'Ai?F� Ea+N4�iCk AR. �:.'^,k Y'6t=F�S t+574"1�31iIB!!■i��I11R��■� Rf�iST �3 _. ..rn..a?�epp.Wai#F11K�MAlWF"t.ltl®tSsr,�!'adsad' 3l*'1Y� A'lllilY[ Ayl pTl�$IMflk,14"+i"�GlIRA/,tl E9��"#R7�'iR!'Il�bv�.�61`�'SAk'# 140001, Of cr �l ..�•� 00 )100 V1 { tiblw- lp Jq�oc •` ;` ja • 40 ... -- �.... r-�•••• f , Catch Basin Casting & Cover = Neenah R-5903-K _�.— -„-------�1-- El ev. 908.3 48” Dia. - C.M.P. a� r (n 3" - 5" Rock 00 = a Filter a 0 2" Dia. N Orifice 15" a i A Dia. Stgel o J o � 0 Anchors P a a > b G o 6.0' Concrete Base PROPOSED WEIR HEATHER HILLS WEST STORK SEWER CONTROL Scale = 1" = 1.0' D tx 9TyE� /�/Lc5 Wes-r- 5' b-Ve w gr-,ee (f OI- WEi,e r' 7 Fttr OF /i/E;►D Q = Y,� 5,7-pew LEVEL 906.95) —CEti rF/? OF Us.6 Q6•, C�/9�z�y� _�6Sx./9(.���Z�(3z.2�('� 71 /�= 17-C'Z= ?J-(. Z5 =3Z. L Fr�sEct Z. 2 Z 5 7 �•• CF '� FLOW /�LCOrvED TN.tU � 2 �/H�ETE� O,e/F�cE In/TN g 87 FEET OF IlE�d �.d =/yc, .5 (906.9Sr) C&.,ree OF aeiFiee (ROZ.00) = *871) s fI= T-rz: ?I-(08)z c7zo Fr i z JJ 2. 12"7/0. . - 9. 6 _� / 0 Use /O Z" Q/A n.0 rER C.e/Fi G ES OZ3 Com,` 77 6 cv*,c-eee vc,E = Z?Ir(L¢) - /S'O. /O VSE /Q Z �� /.9/�7ETE�P C7,2/F/cEs .5fVGEO X-r- /S�� C eV7dRS. e MIE Rice Creek watershedM' C/O CITY OF ARDEN HILLS, 1450 W. HWY 96, -d1M-1 A.- � ARDEN HILLS, MINNESOTA 55112 TELEPHONE(612)633-5676 Please reply to: January 29, 1982 Administrative Office: Suite 177 Arden Plaza 3585 Lexington Ave. No. Arden Hills, MN 55112 (612)483-0634 BONNIE TORPE,Admin, Asst, Mr. Mark L. Burch Assistant Public Works Director City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 Re : Permit Application No. 81-146 : Thomas Brickner Location: 6175 Central Avenue Northeast, Fridley Purpose : Approval of Heather Hills West Residential Development, 4 . 57+ acres , 11 single family lots Dear Mr. Burch: Receipt is acknowledged for your letter dated January 18, 1982 outlining three proposed changes in the stormwater management plan for the Heather Hills West Addition in Fridley. These revisions do not affect the overall stormwater management for this site , therefore, the District Engineer hereby administratively approves of these revisions to the Heather Hills West Stormwater Management Plan. Thank you for your cooperation in this matter . Very truly yours , EUGENE A. HICKOK AND ASSOCIATES Engineers for the District Peter R. Willenbring v Civil Engineer crs cc : Board of Managers F. Murray District Office Thomas Rickner BOARD OF MANAGERS A.J.CARDINAL,SR. DIANE N.HARSTAD C.T.KING L.H.SCOTT,SR. E.A.PETRANGELO ANOKA COUNTY RAMSEY COUNTY WASHINGTON CO. RAMSEY COUNTY ANOKA COUNTY E.A.HICKOK&ASSOCIATES Consulting Engineers 473-4224•FRANK J.MURRAY Attorney 222-5549 CL 4 JU -,bo-N (4aun acu,., -tz--, k-o -)dkai cv jbZ&7 &-4 `'- t l 93 �" nn n C; C7 _ c TkK CIT'__ OF I e DIRECTORATE o0 o,• o OF °•d o° MEMORANDUM PUBLIC WORKS FRI L Y DATE June 24 1982 FROM D.P.W. John G. Flora, Public Works Dir, TO ACTION INFO. SUBJECT Nasim M. Qureshi , City Manager Answer to Memo JF-136 Tom Brickner, Mr. Skinner Notification in Files of Future Improvement Costs Mr. Brickner had made similar comments to me on his visit to the office, also. The plat approved by the City Council has a four foot outlot between our street right-of-way and Mr. Skinner's property. We have placed five stub-off water _ and sewer connections into this outlot. We are contacting Minnegasco and NSP and suggesting they do the same with their undergroun Cservices prior to cons- truction of the street. If Mr. Skinner intends to develop his property, he will have to plat or split off his lots, thereby requiring the payment of Park Fees. In addition, he will have to negotiate a purchase of the outlot area in order to gain access to the street and the utilities available therein. We will place a copy of this corres- pondence in the Brickner Plat and Mr. Skinner's address file (6217 Central Avenue). JGF:ijk cc: Brickner Plat File Address File-6217 Central Avenue ►. From the desk of JF-13G NASIM QURESHI MEMORANDUM CITY MANAGER'S OFFICE DATE: -Timf 2 TO ACTIQN INFO SUBJECT: John Flora, RID Tom Brickner, Mr. Skinner- Notification in files of future improvement costs Tom Brickner carne to my office and indicated that I-:r. Skinner, the property owner north of his property has put up a sign saying "InYproved Lots for Sale". Make sure we have notification in our files on fdr. Skinner's property that there are going to be sizable >rprovement costs for water, sewer, streets and park fees to be paid by these lots when he comes in for splitting his proEerty, or vanen %le have any inquiries by any potential buyers about the costs, so later on when these people buy the lots they do have the information there are such costs involved before they can build on these lots. Thank you for your assistance. NEW CONSTRUCT/ON REMODEL ING &"W4 6245 BEN MORE DRIVE, FRIDLEY, MINNESOTA 55432 Telephone 786-9871 August 27, 1982 Fridley City Office 64.31 University Ave. N.E. Mpls. , Mn. 55432 RE: HEATHER HILLS WEST Dear Mr. Sid Inman, In response to our telephone conversation on August 26, 1982, I am requesting that the special assessment payment for Lot 9 Block 1, Heather Hills be delayed until the city has finalized all costs. After finalization of special assessments, Brickner Builders' , Inc. will pay the amount of special assessments levied against each lot at closing time with individual buyers. If you will please send me a letter with a break down of all costs as soon as possible, I will than pay for special assessments levied against all lots that have already closed with individual buyers. Thank you for your co-operation on this matter. as E. Brickner at� Brickner Builders' , Inc. 11 Jo� J THE CITY CW DIRECTORATE 000 OF o-0 0 MEMORANDUM PUBLIC WORKS FRIOL Y DATE December 16 1982 FROM D.P.W. John G. Flora TO ACTION INFO. SUBJECT Claim by Mr. Ralph Skinner for Sid Inman, City Clerk damage to trees during construction of S&W project #134 Attached please find a copy of the correspondence we received from Mr. Skinner's attorney, Mark's letter to our contractor on this project and the contractor's response. Mr. Skinner is claiming damage to his trees and money to construct a retaining wall to protect his property. Mr. Tom Brickner has indicated that he will construct the retaining wall as part of his development so the only issue remaining is the tree damage. Will you please turn this claim over to our insurance company for action on the tree claim. JGF/mc Enclosures December 13, 1982 Mr. Mark Bush Public Works Director City of Fridley In reQArd4 to your letter for damage c1nins on Se er and Water Project #134 City of Fridley. It is our position that the construction on this project -as done —ith in the limits of the Right of Way As staked by the City. So As to al-lo— for Blvd. slopes. to be cut. or filled As street grade, may have called for. If you have Any further rue tions concerning this project, please feel free to cAll me. Sincerly, Ken nine Bonine Excavating. Inc. 12636 Main St. Rogers, Mn. 55374 ® CITY OF FRIDLEY 6131 UNIVERSITY AVENUE N.E.. FRIDLEY, MINNESOTA 66432 TELEPHONE ( 612)571. 150 November 18, 1982 Mr. Ken Bonine Bonine Excavating Inc. 12636 Main Street Rogers, MN 55374 -�(Z8 - 4V-? 7 Re: Damage Claim - Sewer & Water Project $134 Dear Ken: I am sending you a copy of a claim for damage to some trees which were uprooted during construction of Fridley Sewer and eater Project 1134. The trees, which are outside of the street right of way, were apparently damaged when the grading for the street was completed. Will you please inform us as to how you expect to proceed with this matter. Thank you for your help with this problem. Sincerely, MARK L. BURCH Assistant Public Works Director MLB/mh ENC: 1 'f•:- ':�• eta• lb10.7'.~..�.�1!�•.�-}5� .�'� �Y'«.�irti-�o..a:ll il:.Y-••C�'�✓•. 1 • :til 1 M •,' r � • 5 . 1 i r 11►1 1 ► ri 1► ► - • • • • •• Lq�n- 1 • • • 1 tl,• 1 1 1 - • - •� 11 �'� 1. ..�• .:jr �•�.!• lea,. 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'ice,:.^ y� ' �•� t� ��,`.s.-�+-ws.r+'�-�'''��.?`:�."_^"�s�'"r,`.��_y-','.ri'11Q° e-='•-�M "��``��-�'may".. -"'���.ry+�'='".:•�r�.y�_ ..�eL�r ter;--.�. _ - aa•a: -.`R.:+�r +�•�'`-:'r,�r.. .rs.-76�c�,n,- -�z ..:.• '>tr.. z;---- �C'; 1 • KENNETH F. DANIELS 60LOCM VAUAY u►w 0"9= 4729 OLaON MEMORIAL NiOMwA7 S SLOCR2 EAST Of HIGHWAY O 100 ON V 19 MINNEAPOLIS, MINNESOTA 55422 16+2) 744-ar51 November 4, 1982 City of Fridley 6431 University Ave. N.E. Fridley, Minnesota 55432 Attn: Mayor Bill Knee • Gentlemen: For your information I represent George Ralph Skinner the owner of property in Fridley at 6217 Old Central Avenue. Mr. Skinner's property was damaged due to the City's negligence. I am forwarding to you a copy of the Heritage Shade Tree Consultants report dealing with the damage to the trees on Mr. Skinner's property. I am also forwarding to you a copy of the extimate of Aspen Nursery with respect to costs for additional damage done by the City. Would you please contact me upon receipt of this letter. Yours truly, �ICenne Daniels KFD/Co Enc. cc: Mr. Carl J. Newquist Attorney at Law 6441 University Ave. N.E. Fridley, Minn. 55432 HERITAGE SHADE TREE CONSULTANTS 3431 KENT STREET #913 ST. PAUL, MINN. 55112 September 8, 1982 Mr. George Ralph Skinner 6217 Old Central Avenue Fridley, Minnesota Re: Tree Evaluation - George Ralph Skinner Property, 6217 Old Central Avenue, Fridley, Minnesota. Dear Mr. Skinner: At your request I personally inspected on August 28, 2982, damage to six trees located in the rear yard at 6217 Old Central Avenue, Fridley, Minnesota. The subject trees reportedly have been destroyed or damaged as a direct result of unauthorised soil excavation within the root sones of the subject trees. The purpose of my inspection was to assess the extent of damage Inflict- ed on the subject trees and to gather information used in the determination of tree values (i.e. species, size, condition prior to damage and landscape function). All Mr. George RAIN, Skinner • Page 2 Scptem'-er e, 1982 The subject 6 trees, which were na ralIl establisheds included deciduous species, such as red oak (4), bur oak 1) and box elder (1). Said trees are/ were part of the edge of a r.aturallyestablished wooded area located at the rear of a large single taa:l neighborhood street. The woodedsa�atial provideslotadjwildlifeacentthabitat,ntly soilinstalled staball- sstioo, visual interest and screening from a new subdivision. The total "casualty loss value" for the damage is equal to the sum of the estimated cost of removal by a professional tree service and the "in-the- ground" values for those trees that have been damaged beyond reasonable repair and are there=.y "total casualties". The "in-the-ground" value for the subject trees is derived from a formula established by the International Society of Arboriculture which asF1g*.s a value Of $18 per square inch of trunk area, measured 41i feet above ground line. This lafic value Is subsequently adjusted for species, condition of the subject trees prior to being Csa:ged and their respective landscape functions. • Species Class: Certain species have greater inherent value due to differences in hardiness, structure, durability, cleanliness, environmental tolerances, longevity, rate of growth, suscepti- bility to diseases and insects, and aesthetic qualities. Condition Class: Influenced by the general health, vigor, structure and general physical condition. Landscape Class: Influenced by the importance of a tree as an aesthetic and/or environmental element. Tree /1 Red Oak (12 inch trunk diameter at a point 4h feet above ground line - assumed diameter, based on direct measurement of 14 inch trunk diameter taken by Mr. Skinner at a point 12 inches above ground line.) Damage: the subject tree was toppled (uprooted) as a direct result of the severing of roots during soil excavation (total casualty) - based on statements by Mr. Skinner, since the subject tree had been cut-up and removed from the site prior to try inspection. Casualty Loss: (based on International Society of Arboriculture Formula) Species Class - 651 (susceptible to oak wilt which is epidemic in Twin Cities Area). Condition Class - 751 (Fair -•based on statements by Mr. Skinner relative to comparison with other nearby trees) Landscape Class - 401 (woods at rear of large residential lot) Value • basic value (113 sq. 1n. x $18 a $2,034) s species class (651) x condition class (751) x landscape class (401) - $397. Tree 02 Box Elder (13h inch trunk diameter, measured 4h feet above ground line - tree standing at site). Dara ge: the subject tree has experienced branch dieback, thinning of foliage and branch defoliation (approximately 352 of crown, including one scaffold leader and scattered lateral branches). The above damage symptoms probably are the direct result of the severing of roots dur- ing 5011 excavation - trunk of tree is 2h feet from the edge of the soil excavation. Due to the degree of current damage and anticipated dazage, the subject tree is a "negative landscape element" and there- by a total casualty. Mr. George Ralph Skiaaer page 3 September S. 1982 Casualty Loss: (based on International Society of Arboriculture Formula) Species Class - 401 (considered a 'weed" species) Condition Class - 751 (Fair) Landscape Class - 402 (woods at rear of large residential lot) Value - basic value (173 sq. in. s $18 - $2,394) z species class (402) x condition class (751) z landscape class (401) - $287. Estimated cost of removal and disposal ($105). Tree f3 Red Oak (10h inch trunk diameter, measured 4h feet above ground line - • tree standing at site). Damage: the foliage of the subject tree bas turned brown (approximately 902 of the crown). The above damage symptoms probably are the direct result of the severing of roots during soil excavation - trunk of tree is 5h feet from edge of soil excavation. However, said dsmage symptoms are also typical of infection Nv nwk L41- Disease. The .rec .rill be dean Dy the eno or the 1982 growing season, and thereby a%ould be classified as a total casualty. Casualty Loss: (based on International Society of Arboriculture Formula) Species Class - 652 (susceptible to Oak Wilt, which is epidemic in Twin Cities area.) Condition Class - 50% (Fair - one sided due to proximity of ad- jacent bur oak). Landscape Class - 402 (woods at rear of large residential lot). Value - a basic value (79 sq. in. z $18 - $1,422) z species class (651) x condition class (SO2) z landscape class (402) - :185. Estimated cost of removal and disposal ($80). Tree 04 aur Oak (5 inch trunk diameter, measured 4h feet above ground line - tree standing at site). Damage: the subject tree has experienced foliage discoloration (yellowing) and premature defoliation (approximately 90% of trown). The above symptom probably is the direct result of the severing of roots during soil excavation. The tree will be dead or severely dis- figured by the 1983 growing season and thereby should be classified as a total casualty. Casualty Loss: (based on International Society of Arboriculture Formula) Species Class - 851 Condition Class - 401 (Fair - one aided, restricted crown develop- ment due to proximity of other trees). Landscape Class - 402 (woods at rear of large residential lot. Value - basic value (S sq. in. z $18 - $108) z species class (852) z condition class (40X) x landscape class (401) - $15. Estimated cost of removal and disposal ($35). Trees 15 t f6 Red Oak (12 inch trunk diameter, at a point 4h feet above ground line - assumed diameter, based on recollection of Mr. Skinner relative to comparison with diameters of other nearby trees in woods). Damage: the subject trees had toppled (uprooted) as a direct result of the severing of roots during soil excavation (total casualties) - based on statements by Mr. Skinner, since the subject trees had been cut-up and removed from the site prior to my inspection. Casualty Loss: (based on International Society of Arboriculture Formula) Species Class - 651 (susceptible to Oak Wilt Disease, which is epidemic in Twin Cities area). Mr. George Ralph Skinner • ?age 4 September 8. 1982 Condition Class - 502 (Tair - restricted crown development due to close proximity to each other - based cc statements by Mr. Skinner). I.sadscape Class - 402 (woods at rear of large residential lot). Value - basic value (113 sq. in. s :18 - $2.034) s species class (652) : condition class (502) : landscape class (402) - $264 each s number of trees (2) - $528. 1 It is my opinion that the total reasonable sad practical casualty loss value is $1,632 (ONE THMAND SIX HUNDRED THIRTY TWO DOLLARS). Allowance has been made [or the formula value for the 6 subject trees ($1.412). plus the estimated cost of removal for trees 02-4 (5220). I certify that I have no present or contemplated future interest in the property inspected, and that neither the employment to make this evalua- tion. nor the compensation for it. is contingent upon the assessed value of the subject damage. I have no personal interest in or bias with respect to • the subject matter of this evaluation report or the parties involved. I have inspected the subject trees, and to my knowledge and belief, all state- ments and information in this report are true and correct. Respectfully submitted. Kenneth C. Simons Consulting Arborist f I • • • • Qualifications of INEN SIMS - Consulting Arborist Arborist - one who is knowledgeable about the principles and techniques of cultivation, maintenance and preservation of woody plants - particularly shade and ornamental trees. EDUCATION f. S. Degree - Landscape Design and Environmental Planning. tniversity of Minnesota. EXPERIENCE • Arborist - Milwaukee County Park Commission, 1960-1965 Arborist - University of. Minnesota. St. Paul Campus. 1965-1967 Arborist-Landscape Architect - Deer Lake Fars Arboretum, St. Croix Falls. Vis. 1967-1968 Instructor - University of Minnesota. Department of Horticulture. 1968-1981 Courses taught: Arboriculture Insect and Disease Control Landscape Maintenance Landscape Construction Turf Maintenance Extension Arborist - University of Minnesota Agricultural Extension Service, 1970-1971 Landscape Architect - Ramsey County Parks and Recreation Department, 1971-Present PROFESSIONAL ME.'MERSHIPS International Society of Arboriculture Minnesota Heritage Tree Committee Minnesota Society of Arboriculture Minnesota Shade Tree Advisory Coccittee PARTIAL LIST OF CLIENTS SERVED Allstate Insurance Co. Shelby Mutual Insurance Co. American Family Insurance Co. State Farm Insurance Co. American States Insurance Co. Westfield Insurance Co. Auto-Owmers Insurance Co. Creat American Insurance Co. Allied Adjusters Co. Rome Insurance Co. Crawford i Company Ins. Adjusters Illinois Farmers Insurance Co. • First Adjustment and Survey Co. Iowa National Mutual Insurance Co. C.A.S. Business Services, Inc. Liberty Mutual Insurance Co. Melhorn-Mueller Co. Ohio Casualty Insurance Co. North Star Adjustment Co. Preferred Risk Mutual Insurance Co. Town and Country Claim Service Prudential Property i Casualty Its. Co. Cndervriters Adjustment Co. Safeco Insurance Co. St. Paul Fire 6 Marine Insurance Co. Northern States Power Co. Sentry Insurance Co. Kinnesota Gas Company /olh� /t-- w ^ n / CITY OF FRIDLEY MEMO TO: NASIM M. QURESHI , CITY MANAGER, AND CITY COUNCIL FROM: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/CITY CLERK SUBJECT: FINAL ASSESSMENT ROLL FOR THE ST. 1982-1 AND ST. 1982-2 STREET IMPROVEMENT PROJECTS qDATE: PAY 27, 1983 On the attached pages you will find the final assessment rolls for the ST. 1982-1 and ST. 1982-2 Street Improvement Projects. Final costs for each individual project and unit costs are listed in the cost sheet section of the booklet. A summary of the costs follows: HEATHER CIRCLE AND HEATHER PLACE--HEATHER HILLS WEST ADDITION (ST. 1982-1 ) Blacktop street surfacing and concrete curb and gutter have been installed and the cost has been divided equally among all the lots at the request of the developer. The assessment per lot is $6,361 .60. 69TH AVENUE NORTHEAST AND UNIVERSITY AVENUE WEST SERVICE ROAD (ST. 1982-1 ) Blacktop street surfacing and concrete curb and gutter have been installed. The City and the County will be sharing the cost. The City's share is $31 ,842.73 and the County's share is $49,805.30. STARLITE CIRCLE--DOTY/WELLNER ADDITION(ST. 1982-1) Blacktop street surfacing and concrete curb and gutter have been installed and the cost has been divided equally among all lots benefited at the request of the developer. Lot 8, Block 1 , has been previously assessed for street sur- facing on Satellite Lane, and does not front on Starlite Circle. f1 The assessment per lot is $1 ,240.22. i 73RD AVENUE NORTHEAST AND UNIVERSITY AVENUE EAST SERVICE DRIVE (ST. 1982-2) Blacktop street surfacing and concrete curb and gutter have been installed. A portion of this cost has been paid from State Aid Funds. On 73rd Avenue the front foot rate for street surfacing is $112.20 and for curb and gutter is $11 .50. The front foot rate on the University Avenue East Service Drive is $62.25. 78TH AVENUE (OVERLAY) : MAIN STREET WEST TO RAILROAD R/O/W The cost of $5,503.82 is to be paid from the Street Maintenance Fund. SCI ps � a UNIT COSTS: ST. 1982-1 HEATHER CIRCLE AND HEATHER PLACE (Heather Hills West Addition) $ 69,977.60 Total Cost -- $69,977.60 $69,977.60 f 11 lots = $6,361 .60 per lot (* Assessments to be divided equally on each lot at request of developer. ) STARLITE CIRCLE (Doty/Wellner Addition) $ 14,882.62 Total Cost -- $14,882.62 * $14,882.62 •. 12 lots = $1 ,240.22 per lot (* Assessments to be divided equally on all lots to be benefited at request of developer. Lot 8, Block 1 , has been previously assessed for street surfacing on Satellite Lane and does not front on Starlite Circle. ) 69TH AVENUE AND UNIVERSITY AVENUE WEST SERVICE ROAD $ 81 ,648.03 Total Cost -- $81 ,648.03 City' s Share (From Community Park Fund) -- $31 ,842.73 (39%) County's Share -- $49,805.30 (61%) 78TH AVENUE (OVERLAY) $ 5,503.82 To be paid from Street Maintenance Fund 172,012.07 FINAL COSTS: ST. 1982-2 Salaries $ 26,235.99 Miscellaneous 2,790.76 Legal and Fiscal 644.76 Interest 10,305.06 Contractor -- C. S. McCrossan 129,915.67 Future Costs 6,350.00 $ 176,242.24 UNIT COSTS: ST. 1982-2 3RD AVENUE AND UNIVERSITY AVENUE EAST SERVICE DRIVE $ 176,242.24 Total Cost: $ 176,242.24 To be paid from State Aid Funds $ 88,121 .12 To be assessed to property owners $ 88,121 .12 73rd Avenue Street Surfacing--$70,680, 12 j 630 feet = $112.20 per front foot Curb and Gutter--$4,991 .00 j 434 feet = $11 .50 per front foot University Avenue East Service Drive $12,450.00 . 200 feet = $62.25 per front foot � •-Nftlf � liJ� s•11v'�r• IN. J ..I+ik ...`I!Sl... .•iii I ... " - I',�•MV' 4LPt6 =T�► \ ! t•/e' qr „+1 Jrt%J$ 80 fo op000l r. % 9.81 Oft r y 01 C dip r 7 01 - - - - - - - - - - - - .- - - , - - - - w r/ i. �....../ i...... ti - -+ �- 1 - --/I!eo- - -ves ee- - �- - -iIs s/- - •S e,7/ I �.• (1«e.Mi+I fNr W.p) STREET IMPROVEMENT PROJECT ST. 1982-1 Heather Circle and Heather Place -- $6,361 .60 per lot ■� CITY OF FRIDLEY MEMO TO: NASIM M. QURESHI , CITY MANAGER, AND CITY COUNCIL FROM: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/ CITY CLERK SUBJECT: FINAL ASSESSMENT ROLL FOR WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENT PROJECT NO. 134 DATE: MAY 27, 1983 Water, Sanitary Sewer, and Storm Sewer Improvement Project No. 134 involves the installation of water and sewer laterals and services in the Heather Hills West Plat. The construction of these improvements was requested by the developer of the property. A brief summary of the assessment rate follows: HEATHER HILLS WEST ADDITION The cost of the water and sewer laterals and services is to be divided equally among the eleven lots being served at the request of the developer. The assessment cost per lot is $9,961 .57. SCI ps i CITY OF FRIDLEY WATER, SANITARY SEWER, AND STORM SEWER I IMPROVEMENT PROJECT NO. 134 I CONTRACTOR: Bonine Excavating, Inc. 12636 Main Street IRogers, Minnesota CONTRACT COMPLETED: December 15, 1981 I (Final Cost -- $66,319.76) (Estimate -- $66,132.98) IFINAL COSTS: Salaries $ 10,432.91 I Legal and Fiscal 435.84 Interest 17,373.72 Contractor--Bonine Excavating, Inc. 66,319.76 Miscellaneous 15.00 Future Work 15,000.00 $ 109,577.23 UNIT COSTS: Total Cost -- Heather Hills West $ 109,577.23* Water and Sewer Laterals and Services $ 109,577.23 + 11 lots = $9,961 .57 per lot (*Assessments divided equally between all lots at request Oof developer) METHOD OF ASSESSMENT: - To be spread over a twenty-year (20) period at an interest rate of nine and three-fourths (9-3/4%) per cent each year on the unpaid principal . HEARING ON ASSESSMENT ROLL: June 6, 1983 --IrsLls I lw,f w�+11 I INN 40 : +, i i: ,•,••ry a •/ t 1r�e Ile ' 01� its/ ��1 � ' ♦ • , .••. f X D 1'� /L-../w..•7• .• `_ j1 Mfr O 0, _ •i•a+v/11 4j Pei- •' a„•w M . M . 41.00:6 9 +10 S �• 7 w 1- •� O at / /. M�....r, /••••..• •� - • 601 7! - �, t.. ; w•II•l•II'•' I I � � (f w•/• .I•I•I (11. M•.I� SEWER AND WATER PROJECT N0. 134 Heather Circle $ 9,961 .57 per Lot Heather Place I Water Laterals Sewer Laterals Water Services )c Sewer Services g I I 1 w Council Chairman, W. J . Nee, Mayor Mr. G. Ralph Skinner City Clerk, Sidney Inman 62.1.7 Central Avenue NE City Manager, Nasim Qureshi Fridley , Minnesota 55432 Public :•Jorks Dir. , John Flora Director of City Planning, Jerry Boardman June 6 , 1.983 :)ear Sirs : I am writing concerning the Heather Hills West Project and have attached a copy of the sight to my letter. On February 25, 1981. and again cin Piugiist 10 , 1981 I attended public hearings at city hall as I was desirous of developing my property north of Heather Place, (street:) , shown on the diagram. I was willing to pay a "fair share" proportion of the cost of special. improvements , but I was unable to Obtain an answer from council at those hearings as to my exact and fi.rial costs and options , therefore, I was not atthat point in time prepared to enter into what seemed to me an open end, blank check contract with the council and make committments to which I was not sut -e 'of the Ifoutcome, but to which I would be bound. Although I had expressed interest in developing my -property, the council conducted subsequent meetings without notifying me. At these meetings the council made final decisions which adversly affect my property- rights . In their haste to comply with Mr. Brickners re- quest to b.:-!gin project development, I feel the council has not only illowed Mr. B:rickner to landlock my property, but has indeed assisted him in doing so. However, I would point out, at any time there was discussion of my property developing, I was told, "a street must be provided across my prcperty North to South to allow Mr. Brickner ac- cess to his ,pr.ope.rty North of me, so as not to landlock his property" . 1. believe since there were mon amicable options the council could have exercised, and did not, there is a clear_ picture of preferential treatmentprojected by their actions toward some tax paying citizens of this conolunity and others . While in the councils opinion they may have acted within their rights concerning this matter, I feel poor judgement has bc*ffollol•:ed an,'! acted upon, and should be rectified by further action b1r the c01.11;- C4 1 which might reflect a true interest of: all concerned parties . `"he first. t:.i.Ile 'the action taken by the council_ was revealed to me was in oarlyT May , 1.98'3, iani_i Illore information was given In late May,. 1983. Th'al-- i rfo1"li!._11_.iela ;:a :.j .v('r Ing by '1'onI I3ri.c}•:r1er. �1t any rate I am :tri.l- ' '..ilyd to c,� y r; , fair sh;aro of: ;•1.£;, 8 35. 00 for. special. improvOITIents , 1,1:-i be cn , i?:'?"•_ T could learn 1"Th at that co.s t W0111 (1 ho . . �.t 1• ) )o b(:1r,c-`1:i t:li.n.3 f ra:n tc1 ::1 c' :Ir� cost to prc_I r`t. ic. .� !t 1-C.1 .'t_ {lC :it'i)er Pl acn, C.•C)Ires, is bit ":1 f-f_('r t ),,(, ":C I:.)' , :11111 c:C)tl�(z 11.t.'C' J.%i'C'!? ?i�)E`Cf1. l •C'CI MLICh }_)t.:t.t..+:SJ- i)n(1 50011(,1' 1-00 { t"^d t:o .i i. t. l.il ( L` 1) `,'1"1ii,Is .;t. '1':Ii ch Ii.11a*1 decis.ioi s wer(, SmaC1(": , li:at_ a Y will such z­aiount i,,ienti.nnod when tho city offlects a cure fc)r the problelps caused, ar4. iroves my pLat and obtai-iis access for f:,--oLl Place .5treot, no stringS attached other than standard L,L,ilding codes , -w"hether the city obtains this access voluntarily or by em.i.ncn,L_- domain . woulcl like an answer to my proposal before the June 6th meeting adjourns . I am sure the city desires to treat me on an equitable basis a:; it has Mr. Brickncr, as to do otherwise would deny me equal protect- ion of the law and damage my property without due process . In the event the city does not see fit to cooperate with me in this proposal , you may consider this letter an objection to the earlier action by the council. on the constitutional grounds I have set forth herein. Very truly yours , G Ralph Skinner Ralph Skinner C I I's cc : Virgil Herrick, City Attorney contend 's that ccut land access . By.lack Tubert Q1963 . 3Y Staff writer r .l 171ta.,Nov.>lo. 1 Fridley The city attorney and a neighbor of ir Heather Hills West are meeting to- +r"!= day over the placement of roads E =`• '�+ �� leading to the housing development. . v Landowner G. Ralph Skinner says that his 1.8-acre tract of land was landlocked when the city allowed the roadway leading to the cul-de- sacs of Heather Pl.and Heather Cir- 4 `f _�` ` cle to be built. Skinner says he wasn't properly notified of the plan. Mark Sampson, Skinner's attorney, said he hopes to reach a settlement " today in a scheduled meeting with city attorney Virgil C. Herrick. c p Jp Sampson said if a compromise is reached, "there'll be no need to file asuit." Skinner charges that the city gave " S K ,;,�• preferential treatment to Thomas E. as Ji Brickner, developer of the Heather Hills West addition, and in the proc- Y ,�"' l ess cut his land oft from the road. City officials counter that they gave * _ Skinner every opportunity to make an arrangement with the city, and o only moved the road after Skinner refused to bear any costs in theproj- ect. r f i City engineer John Flora maintains that Skinner's rights"were protected % /�,\ at each preliminary assessment � hearing where his property was part of the planned improvement. Once 4 f^ Skinner indicated he was no longer p' ;' ' a # interested in the proposed improve- ments, there no longer was a need to >�. r: .,�q ' -;�. ?. ;� ,��• - -• notify him of hearings on assess. ` �f ,� Y ° '.'�� �:+• + - ments for the work to be done." t „ _ �i ��1.�w1.- • l.+t^y ice• . •1 �1yL�> '� 1. __. * 'a ff 10 y Art K&W , I . I!.^...w 1n 41l taa•t to.% 64^nt wtrin n1 land that nwnarafnR hie nrnnorty from Heather Pt. WE. Skin. i Y a Brickner said "everything was ►egai and above board. We complied with the city's regulations. The minutes PROPERTY: Assessment was opposed (of council meetings)say it all." The controversy dates to 1981, when Cootlaued from page 8Y things for which they (the council) Nee Bald that if the road were the city began discussing plans for have no answers. moved away from Skinner's land, the 50-foot roadway and two cul-de-MCS IV the development. the city would not have the burden Property continued on page 15Y According to minutes of city council t"The give reason mn an exact final Skinner wanted costt foorr of mining the value of his prop meetings in the summer of 1981,the the improvements and we could only original plan would have extended give him a ballpark estimate," Fiona Brickner said he was willing to move Heather PI. Into Skinner's property said in an Interview. the street, but pointed out that Skin- by 4 feet. Skinner would have been ner would be landlocked. assessed for water and sewer lines Flora said Skinner was 89ked at that and street surfacing alongside two August hearing If he approved of the A week later, Brickner's petition for lots and one"sub"lot. new plan. More than once, Skinner Improvements in }leather West car- said he was not concerned with the ried unanimously.Before the council Original estimates called for Skinner project"as long as he did not have to voted, Brickner cautioned that to pay$18,835 for the improvements. pay for any portion of It,"according should Skinner's property be devel- Brickner's share was estimated at to the minutes. oped, the owner would have to deal $93,040. directly with Brickner. The city, he Skinner did say he might consider told the council members, would not On July 13, 1981, Skinner told Flora the option of a deterred assessment be Involved. he did not want to develop his prop- against his property. But Mayor Bill erty, according to the minutes. As a result, Brickner offered to submit a i new petition for the road, In which he agreed to bear 100 percent of the Improvement costs. This included having the road abut only Brickner's I development Instead of both his and Skinner's. At the Aug, 10, 1981, hearing at which Brickner's petition was dis- cussed, Skinner is quoted as saying he was"totally opposed to the assess- ment of his property without know- i ing where he stands ... at this time (when) there seems to be so many C-c ,/L3/��� MEMO TO: Nasim Quershi, City Manager PW85_287 MEMO FROM: John Flora f Public Works Director MEMO DATE: September 17, 1985 REGARDING: Heather Hills West Plat We have received a request from the registered land surveyor, Mr. Ronald Meyer, in regards to the Heather Hills Plat which the Council approved a couple of years ago. There are three dimensions which are in error and he is requesting that these changes be made and recorded on the Plat. These corrections require Council approval. Recommend that City Council make a motion to approve the dimensions on the Heather Hills Plat for Lots 10 and 11 of Block 1 as attached. JF1sk M-85-95 �1 � C 12 � - S I 98.s ,1 sse S1 � y i /, QJ rC a l.—ej' y�e /7r"� c-•�.Ty Cr q 4 C, C-Icw ems/ f lease 1-e 4,7 ��,j o o C vis e,,T �O xxv �sy►Pc xx- A y . /• -� / <?•J i•YcY.T �l,J Gro°J.j�'!/ N/�T�7 ��/�"� �ir�`i . I S �IIj/ly-1/ CIW OF FRU DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 5.5432 PHONE(612) 571-3.150 December 10, 1985 John Soberg Box 373 Minneapolis, MN 55440 RE: Proposed Skinner Plat Dear Mr. Soberg: At your request I have reviewed our files relating to the Heather Hills West Plat proceedings which took place in 1981 . In that I was not involved with these proceedings I have sought the counsel of staff members which were directly involved. The city manager, public works director and city attorney have all indicated that it is their opinion that your client, Mr. G. Ralph Skinner, had resolved not to take part in the Heather Hills West Plat development. Futhermore, it was Mr. Skinner's insistence that he not be assessed for any of the proposed improvements which led to the platting of the four foot outlot to the north of Heather Place. In particular, let me call your attention to the August 10, 1981 City Council minutes which are enclosed for your review. You will note that after considerable discussion Mayor Nee suggested to move the street to the south away from Mr. Skinner's property, and if this was done the Council would not have the burden of determining the value of the property left to the north. Mr. Brickner stated he was willing to do this, however, he didn't know if it involved any problems in the future where Mr. Skinner would be landlocked. There is no rebuttal to this decision from Mr. Skinner on record. In order to plat the Skinner parcel at this time it will be necessary to either work out an agreement with Mr. Brickner which would enable you to utilize Heather Place or provide a plat which meets code and is consistent with our comprehensive plan for the area which is enclosed. Mr. John Soberg December 10, 1985 Page 2 If you have any further questions related to this matter please feel free to call me at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Encl. cc: Ralph Skinner Nasim Qureshi John Flora Virgil Herrick C-85-347 214 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 10, 1981 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 p. ai. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flay. ROLL CALL: MEMBERS PRESENT: Mayor Nee. Councilman Fitzpatrick. Councilwoman Moses, Councilmen Schneider and Councilman Barnette MEMBERS ASSENT: None ADOPTION OF AGENDA: MOTION by Councilwoman Moses to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote. all voting aye, Mayor Nee declared the motion cor,ied unanimously. PUBLIC HEARINGS: I PUBLIC HEARING ON WATER AND SANITARY SEWER PROJECT NO. 134, HEATHER HILLS WEST: c/ MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote. all voting aye, Mayor Nee declared the notion carried unanimously and the public hearing opened at 7:36 p. ■. .i Mr. Flora. Public Works Director, stated the Heather Hills West plat is located test of Moore Lake. off Old Central Avenue. and consists of construction of two streets. Heather Place and Heather Circle. Mr. Flora stated the developer, Mr. Brickner; has petitioned for sanitary sewer, water and storm sewer to be installed this year, with the street and concrete Curt and gutter to be installed next year. He stated the lot located on the north side of Heather Place is being charged only for the share of the cost which is of benefit to that property and if this lot is later platted or divided, there would be additional costs involved in extending the water and sewer lines. Mr. Flora stated the costs affecting the Heather Hills West plat are being divided equally between the 11 lots in the plat. He stated this is a self-sustained development and the only requirement the City would like is to loop the water system to some other line instead of just internally. He stated the original plan was for Ben More Drive to be extended all the way down to Central Avenue and be connected to Heather Place. however. there was discussion on the practicality doing it at this time. Councilman Schneider asked if Ben More Drive would be extended at some future date, the improvements put in this year would have to be changed. Mr. Flora stated it would not because when this particular water system is installed. it should lend itself to at least four other methods of providing a viable system in this area. Councilwoman Moses asked what the assessment would be to the property north of the plat which is arced by Mr, and Mrs. Skinner. Mr. Flora stated the cost for the sanitary sewer. storm sewer and water would be about $18.835. Mr. Skinner stated there has been some discussion between himself and Jerry Boardman. City Planner. as to possibilities for development of his property. i J1 It LS PUBLIC HEARING MEETING OF AUGUST 10. 1981 PAGE Z Me stated, however, at this point, he is totally opposed to the assessment of his property without knowing where he stands or what is eventually going to develop as far as his property is concerned. He stated he was not concerned with the Heather Mills development, as long as he doesn't have to pay for any portion of it. Mr. Skinner stated to go along with any approval for his property to be assessed any amount of the costs whatsoever for sewer and water connections going into the Heather Hills development, he is totally opposed to it. He S stated he understood the Heather Hills development was to be self-sufficient and was to bear its total cost and he has been in total agreement with that because it doesn't affect him. Mr. Skinner stated, frankly, he doesn't need a stmt by his property, but is not opposed to the street being constrvcteO and- the development of Heather Hills, as long as he doesn't have to make a pre-mature decision on paying part of the cost of those improvements Mr. Skinner stated he has had some discussions with Jerry Boardman and one option discussed was the street would be constructed, as proposed, but with no cost to him. He stated he didn't feel at this time that anyone really had a clear cut answer as to what will actually happen if his property were to develop. He stated there was discussion of crossing the back of his property and joining Ben More Drive, however, people on Ben More might not want the street to be extended. He stated there was also discussion for the street Ito be extended. He stated there was also discussion for the street to cross his property and join Rice Creek. He stated, at this time, there seem to be so many things for which they have no answers. Councilwoman Moses stated right now, the Council doesn't have all the answers, but questioned if Mr. S{:inner wouldn't have some buildable lots, regardless of what was eventually decided upon on the street design. Mr. Flora stated he felt there would be anywhere from four to six lots Mr. Skinner could plat on his property. Councilwoman Moses pointed out that this proposed assessment of $18,835 could be spread across these lots, if Mr. Skinner were to plat them. Councilman Schneider questioned how this is handled where it is necessary to put in sewer and water and half of the persons are in favor and the other half opposed. Mr. Herrick. City Attorney, stated the decision on how property is platted and, more particularly, the street pattern, is a decision that should be made by the Council and not the individual land owners. He stated that is something the Council. with the advice of the administration, will have to make a decision regarding the street pattern. Mr. Herrick stated. as far as the assessments, the cost of the assessment cannot be greater than the benefits to the property and all properties have to be assessed equally. Mr. Herrick felt. in this case. there are two options. One would be that the street is constructed so it is not adjacent to Mr. Skinner's property. if the Council decides they will not assess his property. and another option would be \ a deferred assessment. Councilman Schneider asked Mr. Skinner if he would be in favor of a deferred assessment. lib PUBl1C HEARING MEETING OF AUGUST 10. 1981 PAGE 3 i Mr. Skinner felt a deferred assessment would be more intriguing to him. He stated he has an interest in developing his property, but the only thing is the time problem of not knowing exactly what is going to develop, in which direction, and how it will affect his property in the future. He stated he would certainly feel more comfortable with a deferred assessment. and the time from would be such where he would be pursuing some plans of his own and what options would be open. Mr. Qureshi. City Manager. stated the burden on the City is only to prove that the assessment on any property is equal to the benefit to that property. He stated there is no question in his mind that the property would appreciate more than the amount assessed against Mr. Skinner's property. Mr. Qureshi stated he also wanted to make sure Mr. Brickner understands what amounts they are estimating against the property he wishes to develop. He pointed out Mr. Brickner has given all the right-of-way for the street and the cost for sewer and water will be over $9.000 per lot plus the assessment for the street improvement. He felt, when all the improvements are completed, the cost would be between $12.000-$13.x00 per lot. He asked Mr. Brickner 1f he felt it was a reasonable assessment and if he could absorb these costs in the development. Mr. Brickner stated the preliminary estimates are a bit higher than he had anticipated, and pointed out it is a difficult piece of land to develop. therefore, there would be only 11 lots in the plat. He stated, however, he knew from the start the cost for development would be higher for this piece of property. Mr. Brickner stated the lots would be larger than average and compared them to the Innsbruck Area where the cost for lots are quite high. Mr. Qureshi stated. as far as Mr. Skinner's property, his recommendation would be to assess the property on the normal basis, as he felt this situation is probably no different than any other properties in the City. Mr. Qureshi stated Mr. Brickner has given the full easement for the road and was surprised the assessment against Mr. Skinner's property was low compared with what Mr. Brickner would be assessed. Mr. Brickner stated he thinks this raises the point that each property must be assessed equally. He stated what they a* now talking about is only estimates of the costs and the final calculations will be done at the time of the assessment hearing. Mr. Qureshi felt there was no opposition to the improvements, but the only question was how the costs should be allocated. and this could be resolved when they have the assessment hearing. I Mr. Skinner stated he wanted the Council to be aware that four or six lots they say can be developed by this street being installed, two of these lots happen to be his front yard and if those lots were platted and structures erected. it would totally and completely cut off any view or access to Central Avenue. Mr. Skinner stated he can see Mr. Brickner's benefit because he is developing vacant property, but where his house and garage is located there is absolutely no benefit. but a detriment to pay for improvements because he doesn't have any reason to connect into them without destroying the utilities that are already there. Mayor Nee felt perhaps Mr. Brickner should move the street a foot and if this was done, the Council doesn't have the burden of determining the value of the property to the north. Mr. Brickner stated he would be willing to do this, however, he didn't know if it involved any problems in the future where Mr. Skinner would be landlocked. Mayor Nee stated it seems Mr. Brickner is getting a terrible burden for being the leader in development and he should be in a position to recover some of his i investment. 217 ELIC HEARING MEETING OF AUGUST 10, 1981 PAGE 8 Mr. Qureshi stated he would suggest the Council close the hearing and the administration will come back with a recommendation they feel would be appropriate. MOTION by Councilman Schneider 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 8:30 p. ■. MLIC HEARING ON VACATION REQUEST. SAV /81-02. PETITION NO. 3-1981, TO VACATE ALLEY EASEMENT. EAST SIDE OF EAST RIVER ROAD BETWEEN 61-1/2 AND 62ND WAY: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote. all voting aye. Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:30 P. N. Mr. Flora, Public Works Director, stated the alley to be vacated is located between Ashton Avenue and East River Road and between 61-1/2 and 62nd Way. He stated the petition for the vacation was signed by 1DO% of the residents in the area. and it is requested the City waive the fee. Mr. Flora stated. if the vacation is allowed. it is suggested the City retain the utility and drainage easements. He further stated that Northwestern Bell and NSP have utility poles in this area. Mr. Richard Soj, 6101 East River Road, spoke in favor of this alley vacation. No other persons in the audience spoke regarding this proposed alley vacation. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote. all voting aye, Mayor Nee declared the `r motion carried unanimously and the public hearing closed at 8:32 p. m. MOTION by Councilman Fitzpatrick to instruct staff. when this vacation comes before the Council, the fee be waived. Seconded by Councilman Schneider. Upon a voice vote. all voting aye. Mayor Nee declared the motion carried unanimously. LIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF 4 000.000 INDUSTRIAL VELOPMENT AVENUE BONDS TO WINFIELD DEVELOPMENTS, INC. UNDER THE MINNESOTA iUN1 IPAI INDUSTRIAL DEVELOPMENT ACT, _MI_NNESOTA STATUTES, CHAPTER 414: MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye. Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:33 p. ■. Mr. Inman. City Clerk. stated Winfield Developments have requested the issuance of a $4,000,000 industrial revenue bond for development in the Paco Industrial area. He stated representatives from Winfield are here this evening. along with their legal representatives. to answer any questions. Mr. Rod Taylor, representing Winfield Developments, stated they are applying for :4.000.000 in industrial revenue bonds for the construction of a multi-purpose development in the Paco Industrial plat. He stated approximately 250 new jobs will be established as a result of this development and there would be a potential for light manufacturing. Mr. Taylor stated the development would increase the City's tax base and the amount paid in yearly salaries would range I from $6.000.000 to =8.000,000. It was stated by Winfield's representative from Miller-Schroeder that the City will enter into a loan agreement with Winfield Development and they would stand by the bonds under a letter of credit by a bank. THE C. 13, T 30, R 24 �� - OR THE Ckc\ 24P sinq to a.,Jj dwe11;�9 s R OF FRIDLEY �``e apo y 9c, Q00As �Towr�houseS TTx ��Pa 14 �EHC7E �� E--., I I I �, ----M4SS+;6.,S+PP+ S;— ---- — -Ate-------_ - ,J (rzo /7 Z(Jea) i /3 1- N leo � � /9C�.roj � ` '(ate '� -� I a f •'ii .�ti`' r W ¢ r t cr ArAL _ f. 4T AVE. JN F `Q. •G�l� /� Qmi ,JOIy (u9) (wo) I tidal •i (e) E . :.",.n',i q G w! �nj°-— (ao �•) ., �a au r Fra r a' ,� �` •� :N 1� -r=1��b-:� „J ZJ vI `'ri t/Ja �t`,r/ ' q i�til,*,rr � � e~, LANE N .7 --- A Tt IACD v; i�.is0�) JIQ/ /r6aea .t= 4� 4 Jt W_ 17 f---RfC£ gCRf£1E- ROAD ADD: tz 1,10 pp o. r10 Nlr✓ .et.... � f y` . vs •J a' r� / ^a • WOODSI QRNE CT. / i•, *r'1�(I,1 ' '; 2r. ,w z Z W R J. UJ a 20 Su / ,s zr Y : r / ¢ ATR IR. s Y + "aJ W, WRE '� 'z _ 3• .... To PmA Be Ee - c /r� � R 46 k 23Ld NO. 22 S`�ppl�lON t' s +4 r . /0 9x a ',"21N X;iX - C :,� tl• L 2 4 "a Minneapolis Star and Tribune Co munityThursday • April 17/1986 North zone pages inside 1 Y 2 Fridley landown- er a P,.• y 'f broadcasts his 'THPROPERTY- .. : . } � LAt'4DLOCKED KCS,r�tityLi,dispute with city ' � KXO^N .c3uMi�grs y OR �' 1'1 .� Vii 571-� 1 t B Paul Gustafson But Nee said he disagrees with the z,: - F �"�.► Y 8T Staff Writer message on Skinner's signs, that city officials have made it impossible for G.Ralph Skinner has yet to convince him to develop his property. Fridley officials that they've unfairly s land-locked his property, but he's Skinner has been at odds with the caught their attention by erecting city since 1981, when NE. Heather two signs telling his side of the story Ple., a street originally planned to to passing motorists. run between Skinner's 1.8 acres and land owned by developer Thomas E. A city inspector sent Skinner a letter Brickner, was moved 4 feet south of •> k dated April 1 informing him that the Skinner's property line. zFF �� <' signson hisPrope at 6217 Central Av. NE. violate city code and must Moving the street cut off his access be taken down. to it and has prevented him from developing five or six lots for single- Skinner vows that the signs will stay family houses,Skinner contends. until a judge says otherwise. Fridley officials say he created his 'I feel they (city officials) are en- own problem. a deavoring to suppress my freedom of expression, and I don't intend to In 1981, when the location of Heath- buckle under. I've had real estate er PI. was decided, Skinner said he Staff Photo by Mike Zerby signs up in the past, and they never told the city he would oppose paying said anything about sign enforce- immediately for the street until he G.Ralph Skinner stood in front of ono of the protest signs he has erected near his home in Fridley. anent b " Q, knew whether the city also planned to extend a second street, Ben More Skinner says city officials should route and permit him to defer his from the street. "It's an argument between two land Pridley Mayor Bill Nee said Wednes- Dr.,across his property., have informed him of the road align- portion of the street cost until he was developers,"Nee said. day that he agrees with Skinner that ment change before giving it final ready to develop his property. Nee said the city encouraged Skin- "There's a freedom of speech ques- The City Council finally approved approval, ner to agree to the original street But Skinner said, "The city should tion involved" and that the city is locating Heather PI. entirely on Skinner now wants the city to give location, which would have given have had the foresight to see they unlikely to force Skinner to take the Brickner's property and assessing He also contends that city officials him access .to Heather Pl. by con- him access, and that he can negoti- were creating a monster in land- signs down. only Brickner for the project. suggested that they might be willing demning part of the 4-toot strip of ate with Brickner to buy enough land locking anybody's property." to build Heather Pl. on the original Brickner's property that cuts him off for access. 1^ IN ■ ■ 0 ■ 0 ■ on P ■ as ■■ C C April 23 , 1986 City of Fridley 6431 University Avenue N.E. Fridley , MN 55432 To the Honorable Mayor Nee Dear Sir, This letter is in regard to a problem in our neighborhood in Fridley. My wife and I reside at 6185 Heather Place. We think our neighbor- hood is a quality area and would like to keep it as such, however, we have a problem with the property just to the north of us. I know your aware of the unsitely signs that have gone up recently. This sure distracts from our view. This is not the only eye sore that Mr. George Skinner of 6217 Old Central Avenue is creating. He seems to be storing a number of vehicles (outside) and now we see an earth moving tractor of some kind. Is this all permissable in a neighbor- hood such as ours? We as healthy tax payers should not be subjected to this in our ad- jorning yards. I think it puts a blight on what could and should be a quality area. I would like to see some action on cleaning it up and on the sign removal. If this condition continues to exist and valuations are lowered because of it, then it seems only fair that our taxes would reflect this . I would certainly like to hear from someone in regard to this and more importantly some action soon. Thank you r your atjtention. James M. McCulloch 6185 Heather Place Fridley , MN 55432 Residence Phone 574-1819 Office 484-8607 'ATE 05/05/86 'ROGRAM MA02 MASTER ADDRESS LIST BY PIN 'IN: 13-30-24-43-0001 0000 STATUS: A STREET SEGMENT: 5 LOT: 14 THRU 30 BLOCK: 2 ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: EX S 390 FT OF LOT 14 ALSO LOT 30, BLOCK 2 PROPERTY ADDRESS: 1420 RICE CREEK ROAD 55432 RESIDENT: EDWARD T BAULER RESIDENT BUSINESS: OWNER : EDWARD T BAULER OWNER BUSINESS: OWNER ADDRESS 1420 RICE CREEK ROAD , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD 'IN: 13-30-24-43-0002 0000 STATUS: A STREET SEGMENT: 5 LOT: 15 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: PROPERTY ADDRESS: 1400 RICE CREEK ROAD 55432 RESIDENT: ERVIN A KASSOW RESIDENT BUSINESS: OWNER : ERVIN A KASSOW OWNER BUSINESS: OWNER ADDRESS 1400 RICE CREEK ROAD , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD 'IN: 13-30-24-43-0003 0000 STATUS: A STREET SEGMENT: 5 LOT: 16 THRU 24 BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: PROPERTY ADDRESS: 1370 RICE CREEK ROAD 55432 RESIDENT: DOROTHY M MILES RESIDENT BUSINESS: OWNER : DOROTHY M MILES OWNER BUSINESS: OWNER ADDRESS 1370 RICE CREEK ROAD , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD 'IN: 13-30-24-43-0004 0000 STATUS: A STREET SEGMENT: LOT: 17 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: EX S 55' PROPERTY ADDRESS: 6291 CENTRAL AVENUE 55432 RESIDENT: JEFFREY M GELDERT RESIDENT BUSINESS: OWNER : JEFFREY M GELDERT OWNER BUSINESS: OWNER ADDRESS 6291 CENTRAL AVENUE , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD 'IN: 13-30-24-43-0005 0000 STATUS: A STREET SEGMENT: LOT: 17 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: S 55 FT OF LOT 17 TOG WITH PRIVATE SEWER& WATER PROPERTY ADDRESS: 6283 CENTRAL AVENUE 55432 RESIDENT: GREGORY D STENHOFF RESIDENT BUSINESS: OWNER : GREGORY D STENHOFF OWNER BUSINESS: OWNER ADDRESS 6283 CENTRAL AVENUE , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD 'IN: 13-30-24-43-0006 0000 STATUS: A STREET SEGMENT: LOT: 18 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: EX SLY 110' FT & RR & EX PERPETUAL RT OFWY OVER E 30' TO OWNER OF PROPERTY ADDRESS: 6271 CENTRAL AVENUE 55432 RESIDENT: RICHARD HARTFIEL RESIDENT BUSINESS: OWNER : RICHARD HARTFIEL OWNER BUSINESS: OWNER ADDRESS 6271 CENTRAL AVENUE , FRIDLEY , MN, 55432 COMMENTS: r TATE 05/05/86 'ROGRAM MA02 MASTER ADDRESS LIST BY PIN 'IN: 13-30-24-43-0007 0000 STATUS: A STREET SEGMENT: LOT: 18 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: S 110 FT FRONT AND REAR OF LOT 18 PROPERTY ADDRESS: 6245 CENTRAL AVENUE 55432 RESIDENT: HAROLD M MORGAN RESIDENT BUSINESS: OWNER : HAROLD M MORGAN OWNER BUSINESS: OWNER ADDRESS 6245 CENTRAL AVENUE , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD IlN: 13-30-24-43-0008 0000 - STATUS: A STREET SEGMENT: LOT: THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: EASEMENT PROPERTY ADDRESS: 55432 RESIDENT: NORTHWESTE BELL TELE CO RESIDENT BUSINESS: OWNER : NORTHWESTE BELL TELE CO OWNER BUSINESS: OWNER ADDRESS : NO STREET ADD AVAILABLE , FRIDLEY , MN, 55432 COMMENTS: EXEMPT 0-24-43-0009 0000 STATUS: I STREET SEGMENT: LOT: 19 _SUB NO 22 ,.,, ---�""""""" PLAT: 54153 PARCEL PLAT DESCRIPTION: DIVIDED NOW PIN NO 1�. A•.•2 °�1'2° -PA1- DIQ � 0 24 43 0073 PROPERTY ADDRESS: ,.•.-�. -... 55432 ��"""""- RESIDENT: ORLINRESIDENT BUSINESS: OWNER D MYRLIE OWNER BUSINESS: OW DRESS , FRIDLEY , MN, 55432 OMMENTS: I'IN: 13-30-24-43-0010 0000 STATUS: A STREET SEGMENT: LOT: 20 THRU 21 BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: PROPERTY ADDRESS: 6217 CENTRAL AVENUE 55432 RESIDENT: GEORGE R SKINNER RESIDENT BUSINESS: OWNER : GEORGE R SKINNER OWNER BUSINESS: OWNER ADDRESS 6217 CENTRAL AVENUE , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD ' * 10 RECORDS SELECTED TATE 05/05/86 !ROGRAM MA02 MASTER ADDRESS LIST BY PIN 'IN: 13-30-24-43-0072 0000 STATUS: A STREET SEGMENT: LOT: 19 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: THE E 300 FT OF LOT 19 PROPERTY ADDRESS: 55432 RESIDENT: BRICKNER BUILDERS RESIDENT BUSINESS: OWNER : BRICKNER BUILDERS OWNER BUSINESS: OWNER ADDRESS 6249 BEN MORE DRIVE , FRIDLEY , MN, 55432 COMMENTS: 'IN: 13-30-24-43-0073 0000 STATUS: A STREET SEGMENT: LOT: 19 THRU BLOCK: ADDITION: AUD SUB NO 22 PLAT: 54153 PARCEL PLAT DESCRIPTION: TH PT OF LOT 19 LYING W OF E 300' THEREOF PROPERTY ADDRESS: 6229 CENTRAL AVENUE 55432 RESIDENT: MARK D BUE RESIDENT BUSINESS: OWNER : MARK D BUE OWNER BUSINESS: OWNER ADDRESS 6229 CENTRAL AVENUE , FRIDLEY , MN, 55432 COMMENTS: HOMESTEAD • 2 RECORDS SELECTED x May 6, 19 86 6217 Central Ave. NE. Owner: Skinner Lots 20 and 21, Aud. Sub. #22 PIN #13-30-24-43-0010 1986 Estimated Market Value: Land-$25;400 Structure-$80,600 Total-$106,000 Land Area-1501x575' Note: Land is valued as one building site because house is located in the center of lot, eliminating possibility of splitting into two 75' lots on Central. Also, extra depth of lot has very little value because of no other access. 6229 Central Ave. NE Owner: Mark and Mary Bue Westerly 322' of Lot 19 Aud. Sub. #22 PIN# 13-30-24-43-0073 1986 E.M.V. Land- $21,800 Structure- $34,500 Total-$56,300 Land Area 120' x 322' 6249 Central Ave. NE. Owner: Brickner Easterly300' of Lot 19 Aud. Sub. #22 PIN # 13-30-24-43-0072 1986 E.M.V. Land-$600 Total-$600 Note: Removed structure in 1981 Page 2 6245 Central Ave. NE Owner: Harold and Norma Morgan Southerl 110' of Lot 18 Aud. Sub,. #22 PIN# 13-30-24-43-0007 1986 Estimate Market Value: Land- $21, 200 Structure- $45,000 Total-$66,200 Land Area: 110' x 279' 6271 Central Ave. NE Owner: Richard Hartfiel Northerly 130' of Lot 18 A.S. #22 PIN# 13-30-24-43-0008 1986 E.M.V. : Land-$ 23,000 Structure-$ 23,600 Total-$46,600 Land Area: 130' x 279' 6283 Central Ave. NE Owner: Gregory Stenhoff Southerly 55' of Lot 17 A.S. #22 PIN# 13-30-24-43-0005 1986 E.M.V. Land- $15,800 Structure-$43,900 Total-$59,700 Land Area: 55' X 249' 6291 Central Avenue N.E. Owner: Jeffrey and Rhonda Geldert Northerly 69' of Lot 17 A.S. #22 PIN# 13-30-24-43-0004 1986 E.M.V. Land-$16,400 Structure-$24,000 Total-$40,400 Land Area: 69' X 249' 1370 Rice Creek Road N.E. Owner: Dorothy Miles Lot 16 PIN# 13-30-24-43-0003 1986 E.M.V. Land-$24,200 Structure-$31,600 Total-$55,800 Land Area: 158' X 359' Page 3 1400 Rice Creek Road N.E. Owner: Ervin and Ida Mae Kassow Lot 15, A.S. #22 with right of way in favor of Lot 15 in over and upon the East 30 feet of Lot 16. PIN# 13-30-24-43-0002 1986 E.M.V. Land-$23,000 Structure-$53,400 Total-$76,400 Land Area: 140' X 359' 1420 Rice Creek Road N.E. Owner: Edward and Marie Bauler Lots 14 extend S. 390' of A.S. #22 and Lot 3, Block 2 Irvington Addition and adjoins Streets and Alleys. PIN# 13-30-24-43-0001 1986 E.M.V. Land-$25,400 Structure-$33,500 Total-$58,900 Land Area: 190' X 240' ls72G" r &If-)- U V6 J WG6(6o1-�ol 'af �PL 1Zs - 11� PikILI lo oo- CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612) 571-3450 May 23, 1986 Mr. and Mrs. G. R. Skinner 6217 Central Avenue N.E. Fridley, Minnesota 55432 Dear Mr. & Mrs. Skinner: Thank you for coming in to meet with me recently to discuss the development of your property. I would like to summarize the proposal that we believe to be consistent with actual City costs: 1. The total street and utility assessment for the 11 lots developed by Mr. Brickner in 1982 was $179,554 or $16,323 per lot (see attached Summary of Proposal) . 2. The attached sketch indicates a method of subdividing your property without extending Ben More Drive to create six lots fronting on Heather Place. If you wish to retain Lot 2 for your existing home, five of the six lots would be available for you to develop. 3. If the $179,554 1982 assessment had been equally divided among Mr. Brickner's 11 lots and your 5 lots, the cost per lot would have been $11,222, totaling $56,110 for your five lots. 4. The four year accrued interest on the $56,110 at 9% per year is $20,199. This is the rate you would have paid starting in 1982, if assessments had been levied in 1982, but payment deferred. 5. The City can apply the assessment of $15,261 per lot and defer it up to five years. In this way you will have the option of either the buyer or the seller paying the assessment charge at the time of sale of the lots. In addition, consistent with policy on de- ferred assessments, interest will accrue at 9% per year until paid in full. This proposal has certain positive benefits for your property: 1. The Brickner development gave all the right-of-way for the street (Heather Place) . Mr. & Mrs. G. R. Skinner May 23, 1986 Page 2 2. The Ben More Drive extension is now eliminated. 3. Both of the above items would allow you to have lots 11,000 square feet and larger where the minimum lot requirement is only 9,000 square feet. 4. The City will provide a water loop at no charge to your development. 5. Street and utility costs are now exactly known instead of being estimated. 6. Your property should benefit from the high quality development to the south. 7. You will have the choice of you or the buyer paying the assessments, with interest, when the lots are sold. With your agreement, I am willing to recommend this proposal to the City Council. As you know, the City Council is the only authority which can approve this proposal. If the proposal is acceptable to you, please advise me, in writing, by May 29, 1986 so that I can submit it to the Council in time for their review and approval at the June 2 meeting. This proposal only addresses the issue of access onto Heather Place and the costs of street and utilities. If you decide to develop your property, I would be happy to provide you with the required procedures, charges and fees related to the development of the property. If I can be of any further service, please feel free to call me. Sincerely, Nasim M. Qureshi, City Manager NI Q:ch Attachments SUMMARY OF PROPOSAL Brickner's Total Assessment in 1982 - $179,554. $16,323 per lot for 11 lots. If Brickner and Skinner had shared costs in 1982, costs per lot (11 lots for Brickner and 5 lots for Skinner ) would have been $11,222. ($179,554 divided by 16 lots) . Skinner's Costs in 1982 for 5 lots: 5 x $11,222 = $56,110. 1986 Interest Total on $56,110 for 4 years at 9% - $20,199 Plus Original $56,110 56,110 Total 1986 Figure for Five Lots $76,309 1986 Total Cost per Lot ($76,309 divided by 5 lots) _ $15,261 POSSIBLE DEVELOPMENT OF SKINNER PROPERTY 1 3 4 5 6 HEATHER PLACE 11 1 5 W $� 10 "11-1- 2 EA1�ER 6 79 3 i 4 7 8 \NORTH I& j DATE 5-23-86 �\ i KR \� .M L I yq e• y, a4 i o• I 1 i^ I , r � T I L 7 x ,. X00 co Nm = j At r 16 b � S 4 A ♦ 1 I N June 13, 1986 City of Fridley Fridley, MN 55432 CC Tom Brickner Brickner Builders 1, G. Ralph Skinner, agree to pay what 1 believe to be my fair portion of costs in the amount of $36,835.00 to open my property for development. My proposal to pay this portion of costs is contingent upon the City of Fridley and/or Brickner Builders either jointly or severely agreeing to and meeting the terms set forth herein as follows: A. City to open my property by purchasing that portion of land from Brickner Builders a part of Hether Hills West, known as outlots "A" and "B", and assigning that property to G. Ralph Skinner by warranty deed, or the same act to be performed by Brickner Builders. 0 B. Curb to be cut and drive way approaches installed at cities cost with no additional assessments to existing property to the North of Heather Place St. , known as Skinner Property. C. Any park fee assessments to be based on and not to exceed 1982 assessments. D. No utility easement, nor access of any kind, for any purpose or service to be given nor permitted across my property to service any other adjoining or non—adjacent property. E. City to loop water system, no cost to any property owner. F. City of Fridley and/or Brickner Bililders to compensate me for financial damages caused me by landlocking and preventing the sale of my property since 1982. 1 had sales for my property, (4 lots on Bast portion) for $140,000.00 in 1982. This sale and personal enrichment was prevented strictly and solely by the actions jointly of the City of Fridley and Brickner Builders in landlocking that East portion of my property. That money could have drawn 10% annual interest to date, accrueing to a sum of $54,b00.00. These damages must be considered in cash or credited toward the costs to open my property. G. All requirements by the city to open my property and the costs for same, such as surveys, splitting, platting, filing, etc. are to be specified by the city directors of such appropriate offices. In the event these terms are not acceptable, all parties to whom it may concern may consider this entire proposal null and void and with in a period of thirty (30) days from this date. Respectfully, C-� G. Ralph Ski ner 6431 UNIVERSITY AVENUE N. E., FRIDLEY , MINNESOTA 55432 TELEPHONE ( 612)571 .3450 Pl.�S� c�tsuc � �T� ccaD� A C� � t4�5 rr PM" �4L-�T4T� �� Co. To P�� 1415 SCN ! N T+m _ AO—=, lz/0 ' lF 100 P IT � HlyK -0 Pta4 'T i� LAK Tmool Wie r-W 74cT^sookle 17PAOI��" I V"rt\ CRYOF FRI DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 June 17, 1986 Mr. G. Ralph Skinner 6217 Central Avenue N.E. Fridley, M 55432 Dear Mr. Skinner, Enclosed please find a copy of the Fridley City Ordinance relating to real estate signs. The two real estate signs on your property advertising 1.8 acres for sale do not comply with the City Code. The sign requirements are as follows: 1. Only one (1) sign is allowed. 2. A maximum of six (6) square feet in area. 3. Signs are to be removed within five (5) days following the sale or lease of the building. 4. A minimum distance of ten (10) feet frau any property line or driveway. Both of the real estate signs are thirty-two (32) square feet in size and the real estate sign located on Central Avenue is approximately seven (7) feet from the Right-of-Way line. Please bring these real estate signs into conformance with the City Code. We will review your property on June 19, 1986. Respectfully yours, Jock Robertson Director of Community Devel opnent C-86-259 MEMO TO: Jock Robertson, Community Develognent Di ector MEMD FROM: Darrel Clark, Chief Building Official J . MEMD DATE: June 18, 1986 REGARDING: Ralph Skinner, 6217 Central Avenue N.E. On June 17, 1986, at 4:30 p.m. , I delivered a letter frau you to Mr. Skinner. The letter contained information about sign ordinance compliance. I introduced myself to a lady sitting on the patio and asked if I could speak with Mr. Skinner. She escorted me into the house where Mr. Skinner was resting. He recognized me from previous occasions when he was constructing an addition onto his house. I handed him the envelope containing the City letter and told him it was a letter containing information about his signs. He did not read the letter in my presence. I told him that if he had any questions about the contents of the letter that he should contact you. Mr. Skinner then brought up the discussion of the Council meeting of June 16, 1986 about him having done construction without a permit. He asked that I inspect his premises with reference to what he had done in the recent past. He showed me a concrete patio that he had poured at grade with ramps to allow him the use of his power wheelchair. The work looked okay and is exempt frau the Building Code requirement of having to be authorized by a valid building permit. DGC/mh <6YJ�, -32 � ( � of b112�f 5 13 ��GpVCSS� ��t-.s 2�2 yuIe,s. l Tavul MEND ZD: CI'T'Y C17UNCIL AND CITY MANPGER MEM) FROM: JOCK RC6ERTSCN, COMWNITY DEVELOPMENT DIRECTOR MEMO DATE: JUNE 20, 1986 MEAD SUBJECT: STATUS REPORT CN SKINNER/BRICKNER SIGNS On Tuesday, June 17, 1986, enclosed letter was hand delivered to Mr. G. Ralph Skinner by Darrel Clark, Chief Building Official. Mr. Skinner invited Mr. Clark to inspect his premises concerning recent construction, and showed Mr. Clark a concrete patio he had poured at grade with ramps to allow him to use his power wheelchair. Mr. Clark approved the work and noted that the patio was exempt from the building code requirement of a valid building permit. Mr. Clark and I also noted on a tour of the site that day that Mr. Brickner had removed his real estate sign which had been encroaching on the setback requirements off Central Avenue. On Wednesday, June 18, 1986, Mr. Skinner responded to my letter by phone. He said he was willing to comply with the real estate sign ordinance if this ordinance was being uniformly enforced throughout the City of Fridley. He suggested several other signs which might be in violation of the ordinance, and I assured him that the City staff would check these out. I reminded Mr. Skinner that the City Council was preparing an ordinance to regulate "personal expression" signs. Mr. Skinner said he appreciated the City' s effort to reach a settlement between himself and Mr. Brickner, but that in the end, only the two of then could reach the final terms of such a settlement. I asked Mr. Skinner if he would have his signs in conformance by Thursday afternoon, June 19, 1986 , and he assured me he would remove his signs by that time. On Thursday afternoon, the staff checked Mr. Skinner's signs, and the two real estate signs on the Central Avenue and Heather Place sides of his property had been removed from their uprights. Mr. Skinner's four personal expression signs still stand on the property. 'Phis morning, Mr. Skinner phoned back to confirm that they had taken his real estate signs down. He asked that I send him a copy of the Fridley sign ordinance.He also told me that he had attempted to set up a negotiation session on settling the property dispute with Mr. Brickner, but Mr. Brickner had declined his offer. 3/5/28/10 June 17, 1986 Mr. G. Ralph Skinner 6217 Central Avenue N.E. Fridley, My 55432 Dear Mr. Skinner, Enclosed please find a copy of the Fridley City Ordinance relating to real estate signs. The two real estate signs on your property advertising 1.8 acr es f or sal e do not comply with the City Code. The sign requirements are as follows: 1. Only one (1) sign is allowed. 2. A maximum of six (6) square feet in area. 3. Signs are to be removed within five (5) days following the sale or lease of the building. 4. A minimum distance of ten (10) feet frau any property line or driveway. Both of the real estate signs are thirty-two (32) square feet in size and the real estate sign located on Central Avenue is approximately seven (7) feet frau the Right-of-Way line. Please bring these real estate signs into conformance with the City Code. We will review your property on June 19, 1986. Respectfully yours, Jock Robertson Director of Community Developrient C-86-259 June 25, 1986 �p Fridley City Council 6431 University Avenue NE Fridley, Minnesota 55432 Dear Gentlanen: � We would like to propose the following resolution of our dispute over the development of our property: L1% 1. The total street and utility assessment for the 11 lots developed by Mr. Brickner in 198= was $179,554 or $16,323 per lot. 2. The attached sketch indicates a method of subdividing our property l'J without extending Ben More Drive to create six lots fronting on Heather Place. We wish to retain Lot 2 for our existing home, thus five of the six 1 of s would be av ail abl e to develop. 3. If the $179,554 1982 assessment had been equally divided among Mr.`y , Brickner's 11 lots and our 5 lots, the cost per lot would hav been $11,222, totaling $56,110 for our five lots. ` 4. The City will apply the assessment of $1-1,222 per lot and defer it up to five years. In addition, consistent with policy on deferred assessments, interest will accrue at 9 per year until paid in , full. We waive the need for any assessment hearing of this11 assessment. A + "U. , 5. We will waivq all claims.against the City or Brickner Builders. 1 �. 6. The signs currently located on our property will be rer,oved.14"' '- Nc 7. We will provide to the City a permanent utility easement of 20 V ' feet between pr opo sed 1 of s 5 and 6 and along the north boundary cf lot 6, as well as all necessary construction easements. We understand this proposal only addresses the issue of access onto Heather Place and the costs of street and utilities. If we decide to O develop our property, we will comply with the required procedures, charges and fees related to the development of the property. � We also realize that this proposal is subject to its acceptance by Brickner Builders, Inc. and the City's on=y role in these discussions -� x has been to attempt to mediate this dispute. Thank you for your help. .aT Sincerei , F G. R Skinner Mrs. G. R Skinner POSSInLF DEVELOPMENT OF SKINNER PROPERTY 2 - - -- - I 3 4 5 HEATHER PLACE ouluol 5 1 W s 10 TNER s -- - ---- 2 EA I NORTH I i DATE 5-23-86 i f � MEMORANDUM TO: Virgil Herrick, City Attorney PW88-19 FROM: Jchn G. Flora,(-Public Works Director DATE: January 28, 1988 SUBJECT: Skinner Lawsuit We have reviewed the tapes made at the meetings regarding; the Brickner Heather Hills West plat in 1981 and 1983. The tapes that we have include a considerable amount of machine noise which do not allow for transcribing of the text. Accordingly, we cannot make any transcripts of those meetings. (We have tried another machine with no results). Attached are another series of minutes extracted from the appropriate meetings including the attendence rosters and petitions for the improvements within the plat area. JGF/ts Attachments Aff CIlYOF FRIDLEY ME 0 .v: NASIM M. QURESHI, CITY MA.';AGER, AND CITY COUNCIL FROM: SIDNEY C. INMAN, DIRECTOR OF CENTRAL SERVICES/CITY CLERK SUBJECT: WATER, SANITARY ",EWER, AND STORM SEWER IMPRJVE4ENT PROJECT ' NO. 134 DATE: JULY 24, 1981 Water, Sanitary Sewer, and Storm Sewer Improvement Project No. 134 involves construction of water laterals and services, sewer laterals and services, stom sewer and related appurtenances, and clearing and grubbing in the new plat of Heather Hills West addition located in the area of 61st Avenue on the east side of Central Avenue. The lot located on the north side of Heather- Place is being charged only for the share of the cost which is of benefit to that property. If this lot is later plated or divided, there would be additional costs involved in extending the water and serer lines. Tte -colaffecting the Heather Hills West addition are being divided equally between the eleven lots in the plat, at the request of the developer. A brief summary of the assessment rates follows: firth Side of Heather Place (Auditor's Subdivision No. 22) The total estimated cost for water lateral is $4,697.50. The total estimated cost for sewer lateral is $3,825.00 The total estimated cost for storm sewer is $2,812.50. The total ect."nated cost for clearing, grubbing, etc. is $7,500.00 South Side of Heather Place and Heather Circle (Heather Hills West Add'n) The estimated cost per lot for water lateral is $2,925.23. The estimated cost per lot for sewer lateral is $2,720.46. The estimated cost per lot for storm sewer is $767.05. The estimated cost per lot for clearing, grubbing, etc. is 12,045.4E per lot. REMLAit lEETING OF AUGUST 17, 1981 Page 6 - i W710k by Councilman Fitzpatrick to accept Ve amended drainage plat. for the Ur<iversity Ina_strial Park Plat, as reccmended by staff, and as outlired in K:-. ,aye Oarris' letter of August 4, 1981 to the City Council. Secoraed by Cz.xila.n Scineider. Upon a voice vote, all voting aye, Mayor Nee dec-ared t.-e ection carried unanimously. R=5'1-- 99-1981 SETTING THE CITY FRIMA?Y ELECTION FOR THE 15TH DAY DF X-104 by Coi,x il^an Barrette to adopt Resolution No. 99-1981. Seconded by C.::rcii an SCsreid• . Upon a voice vote, all voting aye, Mayor Nee declared t.'.e cction cameo uranimcusly. b' FSS''_7!CS NO. F7-1981 CESIGNATIN"u POLLING PLACES AND APPOINTING ELECTION 11:-5 F L TFh_ 15, 98 F Ikd,RY LECTION: M ICM by COarc ilwan SChreidEr to adopt Resolution No. 87-19Ei. Seconded by G:_:cilman Barr.ettc. ;p^n a voice vote, ail voting aye, Mayor Nee declared tr.e :i »i c'_'r4st u Sly. CR-MNG IMrRO790:hT, APPROVAL OF "NAL PLANS AND 1S-*Eti Fug 6IuS R h„TER AND S NITAill, SEkER AND %A SEWER F;..a__'T SJ. 134, h-ATr R HILL Mr. Qureshi, City Manager, stated there was some concern by the property owner north of this plat to pay the cost z, the improvecents. t Mr. Qureshi st?ted he met with Mr. Brickner, the developer, and he is a;^eea5le to of the improvements and will provide another cutlo in the p at, of 8. He stated if the property to the north is cevelc'ed, the owner of this property would Lave to deal directly with Mr. Brickner and the City would not be involved. Mr. Qreshi stated it sewed the City's position at trse last meeting was they were care than fair with the property owner to the north, Mr: Skinner, however he aid not wish to be assessed for a•-iy improverents. K:71CN by Councilman Schneider to adopt Resolution No. 88-1981. Seconded by Ccunci man Barrette. Upon a voice vote, all voting aye, Mayor Nee declared the cation carried unanimously. R SO`uuc-N N0. 89-1981 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR STREET ST. 9 MMION by Councilman Barrette to adept Resolution No. 89-1981. Seconded by Counc:lm-n Schneider. Upcn a voice vote, ail voting aye, Mayor Nee declared the motic.i carried unanimously. 1RES3-U IO`i AO. 9C-1981 D:RECTI`.G PUELICATION OF HEARING ON FROPOSEO .. .. SESS•r T T4 .,- T IR'C_!+•fc aC til ail[. Lim! adrK is being built at n, cost, initially, to the City because they made arran;ereats with Park Construction to do all the grading and the City's cost will be minimal. He pointed out the City has control over this develop..ent. but did not ove.• the installation of the signal. q6. No other persons in the audience spoke regarding this assessment. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye. Mayor Pro Tem Schneider declared the motion carried unaniawusly and the public hearing ' cicsed at 8:52 p. m. • Councilwoman Moses stated this item will be voted on at the end of the meeting and wanted them to know she intended to vote for the assessment. 5 PUBLIC HEARING ON ASSESSMEtiT FOR THE TREATMENT AX3 REMOVAL OF TREES (1981): a v MOTION by Councilwoman Moses to waive the reading of the peblie hearing notice and open the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice i vote, all voting aye; Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:53 p. o. Mr. Inman. City Clerk. stated this is the annual assessment for the treatment a T ana reoval of trees. The roll includes work done in the latter part of 1900 a and work dore in 1981. No persons in the audience spoke regarding this assessment. MOTION by Councilman Barrette to close the public hearirig. Seconded by a Councilwoman Moses. Upon a voice vote, all voting aye. Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed ai 8:55 p. m. NEW BUSINESS• r ,; RECEIVING BIDS AND AWARDING CC?ITRACT FOR SEWER ANO MATER IMPROVEMENT PROTECT t r H0. 134 BIDS 0?EYED SEPTE�'.3ER 9 1931 AT 11:00 Ak Mr. Mark Burch, Assistance Public Works Director, stated twelve bids were received for this project for the Heather Hilts West Plat. He stated the low bid was from Bonir.e Excavating, Inc. in the a..ount of $51,674.49 and it -i is reccrrended this bid be accepted. Ms. Qureshi, City Manager, stated the developer. Mr. Brickner. is willing to pay 1000 of the:cost for the Improvement. ^ iEr n.,xkror stated On the 1_!fl a Fa a,�raa� to naY he 3U;* wanted to rate Sure it gets rec , now how our t strip of land would be handled. Mr. Qureshi. City Manager. stated, when the Council ordered the irgrove^ent,- this strip of land was considered. He stated if Mr. Bruckner felt further documentation was needed. it would be put in the minutes. Mr. Qureshi stated the intent on how this outlot developed for this four fo- r strip and why it came ab3ut is in th. minutes, but any further documentation can be provided. if Mr. Brickner so desires. Mr. Brickner questioned if it would be necessary to have this recorded at the Ceurty. Mr. Qureshi stated this can be done. if Mr. Brickner feels the need for protection.. 2 y MEMORANDUM TO: William W. Burns, City Manager PW89-195 FROM: John G. F1ora,�Public Works Director DATE: July 21, 1989 SUBJECT: Heather Hills Residents Meeting The following comments are in response of your memo of July 19, 1989, subject as above. Old Central is County Road No. 38 . This is a County Highway designed to move traffic in a north/south direction. We have in our design for the Highway 65/West Moore Lake Drive/Lake Pointe/Hathaway Intersection attempted to deal with some of the concerns of the residents on Central Avenue by locating medians and providing for turning movements which would encourage northbound traffic to remainO^''Highway 65 rather than using Central Avenue. Until the intersection is completed, these improvements will not be able to take effect. My opinion on this issue is that traffic will continue to use Central Avenue if they feel it is advantageous timewise and beneficial to their activities. As far as the residents are concerned, they have to realize that this is a County Highway and is not a dead end street. In regard to the triangles at the East Moore Lake Drive/Central Avenue intersection, these were specifically placed at the intersection as a means of reducing traffic southbound on Central Avenue. Apparently, the residents cannot have both. They can't reduce traffic without the triangles. If they desire the traffic to increase, we can remove the triangles. In regard to the East Moore Lake Drive maintenance, this area is still under construction. Neither the sprinkler system nor all of the landscaping has been installed. As these items are completed, the maintenance and appearance of the public and private areas should improve substantially. In regard to the Skinner weed issue, I will contact Elsie Hanscom who can send out a formal notice to the property owner, and after a ten (10) day period, City forces are then dispatched to cut the weeds and those costs are assessed to the property owner. AW C 0-c- CITYOF FRIDLEY Page Two - PW89-195 On East Moore Lake Drive, the sprinkler system has not been totally installed and the landscaping has not been completed. It is envisioned that the sprinkler system should be completed by next week and then the sodding and landscaping finished. As this is being accomplished, the weeds will be removed and the area maintained. The City will then have our corridor grass cutting contractor maintain and service the area. In regard to the northbound Central Avenue traffic, there is very little that can be accomplished until the intersection of Highway 65 and Central Avenue improvement is completed. It is proposed at that time that the medians and traffic signals will then facilitate the large volume of traffic to continue to use Highway 65 in lieu of the Central Avenue approach. State law allows for a right turn on red. By request of the neighborhood, signs were placed on Highway 65 limiting the right turn movements during the 7 : 00 to 9 : 00 a.m. and 4 : 00 to 6: 00 p.m. rush hours. The west leg of Moore Lake Drive and Highway 65 is designed to align with the east side of the intersection. At this intersection, there are protected left turn lanes in either direction. Accordingly, the arrows in the pavement are there to designate those protected turning lanes. Additionally, on the west side of the intersection, we have a straight through/right turn lane. This provides for movement in those directions. The intersection was designed and signaled in that way so that the turning movements have a designated time signal and the straight- ahead and right turn movements have a designated time signal. At the Mississippi/Highway 65 intersection where there are not protected left turn lanes, the signals are established so that the east bound traffic has one set of signals and the west bound traffic has a second set of signals. This allows for movements in all directions without interference. The Central and East Moore Lake Drive intersection was specifically designed to satisfy the desires of the neighborhood in an attempt to reduce southbound traffic on Central Avenue. While the medians are different from what they use to have, they are adequate and aligned in such a way to allow for safe negotiation of all movements based upon the posted speed limits. In addition, they were aligned so that our snow plows can make the intersections with their blades down which are more than adequate for any other larger vehicles to make the appropriate turns. Regarding the lane markings at Highway 65 and Central Avenue, again this is a County Highway. There are currently traffic signs on the boulevards indicating the left turn and then the other lane as a left turn/straight-ahead/right turn option. Overhead signage has not been determined appropriate at this location, but again this could be considered if and when the intersection is improved. Page Three - PW89-195 We will notify NSP of the street light that is inoperative at Central Avenue and Heather Place. The City has no program for quaint street lights on City streets. We have established a policy of overhead lights on NSP wooden poles at intersections, curves and mid-block lighting areas. The sprinkler system on East Moore Lake Drive is not completed. At the last Council meeting, we were able to add another control box. This box is currently being installed. Once electric is provided to it, we will be able to activate the system and complete the landscaping associated with the project. We have currently identified Heather Place and Heather Circle as streets for placing the final mat on in our 1990 street project. JGF/ts MEMORANDUM city of Fridley Office Of the City Maneser 6431 University Avenue N.E. William W. Burns Fridley, Minnesota 66432 Phone (612)571-3450 TO: JOHN FLORA, PUBLIC WORKS DIRECTOR' JOCK ROBERTSON, COMMUNITY DEVELOPMENT DIRECTOR BARBARA DACY, PLANNING COORDINATOR MARK WINSON, ASSISTANT PUBLIC WORKS DIRECTOR JIM HILL, POLICE CHIEF/ASSISTANT (PTY MANAGER FROM: WILLIAM W. BURNS, CITY MANAGER DATE: JULY 19, 1989 SUBJECT: MEETING WIT HEATHER HILLS RESIDENTS Last evening Dennis Schneider and I had the pleasure of meeting with the Heather Hills neighborhood association. During the course of a three hour meeting, a number of issues and concerns were raised. I have tried to recall as many of these as possible in the attached notes and comments. Jock and Barbara, there principle concern is with the landscaping of the Central Avenue side of Moore Lake Commons. They say that they were promised a berm on that side. Apparently, there is no berm in the landscaping plans and no record of a berm requirement in the plat stipulations. What can be done to address their concern? I believe that they are really prepared to do combat on this issue if need be. Perhaps we can revisit this issue with the developer and seek his cooperation. John, they are also very concerned about two highway intersections. Their main concern is with the highway 65/Old Central intersection. They would like to do something there to discourage northbound traffic from using Old Central. What is your opinion on this subject? Additionally, the would like to y get rid of those triangle shaped islands at the Moore Lake Drive/Old Central intersection. They say the lanes that have been created are simply too narrow for turning / movements. Once again, what is your opinion on this is-sue. They are also concerned about dead trees and weeds as well as a lack of maintenance on both the public and private portions of landscaping at Moore Lake Commons,-., They want the medians weeded and the sprinkler system turned on-0 They also want the! developer to take better care of the-landscaping that he's already installed. Can we do anything to make this happen? Jim, they point out that people have selected Heather Place as the spot for "parking. " Perhaps we can do some additional patrolling in that area. That would help eliminate the problem. There are also other requests and comments listed that a number of you should take note of. Please let me know your responses to all of these concerns that may be irrelevant to your particular area of administration. I think it's important that we respond to the association member within approximately one week, if at all possible. Thanks for your help. WWB/1 a NOTES/COMMENTS FROM THE HERTHER HILLS RESIDENT'S MEETING JULY 18, 1989 7:00-10: 30 P.M. 1. They are concerned about the weeds on the Skinner property line. Tom Brickner is under the impression that the City will mow them one time and put it on his tax bill. 0-2They are concerned with the weeds in the median along Moore Lake Drive. They pointed out that we, or someone, have put a lot of money into that median and there appears to be little maintenance. 3 . They are very concerned about the intersection of Old Central and Highway 65. They say that it encourages northbound traffic on Old Central. Several suggestions that were offered are as follows: a. We should some how make it more difficult for traffic coming from Interstate 694 to turn right off of Highway 65 onto Old Central . ��� b. We should put up a sign prohibiting "Right Turns on Recd" at that intersection. 6/_-L,-f et��,/�,, c. We should reconfigure the intersection to make it more difficult to turn right. They also suggested that we work informally to try to get Onan and Medtronic from running their trucks up and down the portion of Old Central that extends from Highway 65 to Moore Lake Drive. 1 ' i They say at the intersection of Highway 65 at Moore Lake Drive, lane designations for eastbound traffic need to be changed. In other words as you are pulling up to that intersection from the west (heading east) , the arrows in the lanes ought to be eliminated. They think that intersection should be treated the same as we have treated the intersection �4 at Mississippi and Highway 65. In that instance, they say there are no lane designations. They also point out that the Mississippi/Highway 65 intersection works a lot more smoothly than the Moore Lake Drive/Highway 65 intersection. 5. In general, they say there is too much traffic on Old Central. 6. They really hate the intersection of Old Central and Moore Lake Drive. They say that we need to eliminate the triangles from the intersection. It is really difficult to make left or right turns as you are heading north on Old Central. They also seem to think that it is difficult making left or right turns from westbound Moore Lake Drive (Rice Creek Road) onto Old Central. They say the lanes are too narrow for cars, let alone recreational vehicles and other larger vehicles. 2 7. Another suggestion was that we establish lane markings for awf- traffic entering Highway 65 from southbound Old Central. They also think we ought to put overhead signs there. In this case, they want left turn and straight ahead lanes designated. 8. They point out that the street light is out at the corner of Old Central and Heather Place. The light is actually on Old Central . They want to know whether or not we can put some kind of quaint street lights along the Skinner property. They point !! out that people are parking there for questionable purposes. 10. Probably the most important item of all is that they are very concerned about having a berm on the Central Avenue side of the Moore Lake Commons shopping plaza. They say that they were promised a berm at the informal meeting that was held at City Hall with the developer. They want to know whether there were minutes of that meeting and whether or not the model that was shown to them at the meeting is still available. I have indicated that I will determine whether or not the berm is still in the project and if not, what can be done to restore it to the project. 11. They want to know why the sprinkler system for the Moore Lake Commons project is not working. Thus far, they have seen no water. They are also concerned with the landscaping methods and the landscaping maintenance for Moore Lake Commons. They question why the project developer isn't taking care of the landscaping. 12 . They expressed concern regarding dead trees on lot #5 (Tom Brickner's lot) and on the Skinner property. Tom agreed to take out the trees on his lot. We have written a letter to Mr. Skinner regarding his trees. 13 . They would like to see the City be more "progressive" in its redevelopment efforts. If necessary, condemn residential property to eliminate conditions of blight. Also, they lament the absence of good restaurants and a golf course in Fridley. C14� They want the final mat placed on their street in 1990. They have been told that this will occur pending the concurrence of the full Council. WWB/la MEMORANDUM TO: Various PW89-193 FROM: John G. Flora, Public Works Director DATE: July 21, 1989 SUBJECT: Field Notes ?????? Mississippi and Highway 65 intersection, there are two lanes on either side and it allows for straight-ahead and left or straight-ahead and right turns. There are no designated turning lanes. The lights on Mississippi and Highway 65 provide for eastbound movements and then westbound movements because of the no designated turning lanes. The intersection on the west side of West Moore Lake Drive and Highway 65 has a designated left turn lane which aligns with the left turn lane on the east side and then has a straight-ahead and right turn lane. The signals also provide for simultaneous left turn movements on the east and west traffic lanes and then a simultaneous through movement which is different than what is occurring at Mississippi. JON THOMPSON• On the west side of West Moore Lake Drive and Highway 65, based upon the striping we have, the signal cuts are in the wrong location. We should check that out or have they been disconnected? The developer on East Moore Lake Drive is now currently installing his part of the landscaping. The medians do have weeds in them and I'm not sure who is supposed to deal with it. I guess the City. The Old Central and Highway 65 intersection has a left turn lane and a signal lane for left, straight-ahead or right. There are signs located along the shoulders indicating the traffic movements. The traffic does allow for two (2) left turn movements to facilitate the southbound traffic onto Highway 65. Signals at Highway 65 and Old Central/Lake Pointe provide for alternate east/west traffic flows. On Highway 65 at Old Central, we have a rd turn on red except 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m. , Monday through Friday. This was put up based upon the requests of the area Wand Councilman. JGF/ts ri CITYOF FRIDLEY CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 July 25, 1989 Kay McCulloch 6185 Heather Place Fridley, Minnesota 55432 Dear Mrs. McCulloch: I would like to thank you and the other Heather Hills residents for inviting Dennis Schneider and me to the home of Ron and Ann Gazda last week. We enjoyed the hospitality of your neighborhood meeting and appreciate the opportunity to communicate on matters of local concern. I would like to dedicate this letter to follow up on items of concern that were expressed at this meeting. On the morning after the meeting, I prepared the attached list of concerns from my notes that I took at the meeting. You and the others may first want to take a look at the list and make sure that I have been thorough in my recap. Based on this list, I would like to indicate that we've taken the following preliminary responses: 1. A letter has been sent to Mr. Brickner regarding the weeds that are on the portion of his property that abuts the Skinner property. Assuming that Mr. Brickner does not choose to cut these weeds himself, the City will cut them and have the cost charged to his tax bill. 2 . Our Public Works Director, John Flora, explains that weeds are present in the East Moore Lake Drive median because the contractor, Noble Nursery, has not finished their work. According to John, we have been waiting for electricity to be installed. This, in turn, will allow the installation of the sprinkler system. Once our sprinkler system is installed, Noble Nursery will pull out the weeds and do the final planting. Most of this work should be done this week. Mrs. Kay McCulloch Page 2 July 25, 1989 3 . John Flora points out that Old Central continues to be a County Highway and as such is considered an arterial that is designed to move traffic. Until such time as the City gains control of the portion between Highway 65 and East Moore Lake Drive, we do not have unilateral authority to change the configuration of the roadway in a way that will make right turns from Highway 65 to northbound Old Central more difficult. He does say, however, once we construct the Highway 65 improvements for the Lake Pointe project, the amount of green time on Highway 65 for northbound traffic will increase. Once this happens, more of the northbound traffic will stay on Highway 65. John also points out that we have already prohibited right turns on red onto north Central between the hours of 7: 00-9: 00 a.m. and 4 : 00-6:00 p.m. He feels that further restrictions on right turning traffic will serve as an unreasonable impediment to traffic that uses this intersection to gain access to the Hillwind, Gardena, and Innsbruck area. 4 . Once again, John Flora provides an answer for this concern. He says that our objective has been to encourage southbound and westbound traffic to use East Moore Lake Drive to gain access to Highway 65. In order to do that, a special left turn arrow has been installed for westbound traffic on East Moore Lake Drive at Highway 65. When we created this separate turning movement for westbound traffic, we also created the need for a separate left hand turning movement for eastbound traffic. If we were to allow straight ahead movements from the left hand lane of the west side of the intersection, this traffic would conflict with left turning traffic on the east side of the highway. The two lanes are directly opposite one another. Theoretically, we could buy more property on the west side of the highway and totally reconstruct the intersection. At this point in time, there does not seem to be sufficient problem to warrant this expenditure. At the Mississippi Street and Highway 65 intersection, there is not separate left turning cycles. Therefore, there are not separate lane designations for east/west traffic. 5. John Flora indicates that the objective behind the design of the East Moore Lake Drive and Old Central intersection was to force southbound and westbound traffic to use East Moore Lake Drive rather than continuing south on Old Central. According to John, the triangles could be taken out; however, they are there for Heather Hill 's benefit. John also points out that the lanes are at least 12 feet Mrs. Kay McCulloch Page 3 July 25, 1989 off wide and that they are big enough for slow moving cars and trucks including the City's snowplows. Admittedly, however, the newly installed islands may make it more difficult to execute certain turning movements at that intersection. If you and other neighbors feel very strongly about this matter, you could petition the City to remove the islands. If you choose to do this, your petition should be circulated widely throughout the area that is served by the intersection. 6. John Flora indicates that there is a designated left turn lane for southbound Old Central traffic wanting to turn left on Highway 65. There are also signs on the shoulders of the road indicating lane designations. Since the lane markings themselves are either unclear or non-existent, I 've asked John to in turn ask the County to repaint the lane channels as well as the arrows for each of the lanes. 7. The missing street light has been reported to NSP. We can usually expect NSP to replace these lights within a day or two. If it remains out, please let us know. 8. If the residents of Heather Hills would like us to install decorative street lighting along the Skinner property or throughout the Heather Hills area, we could work with NSP to design an assessment district. In order to do this, we would need a petition signed by the Heather Hills residents that would ask for the installation of the lighting. If you so desire, I will be happy to work with you on this project. 9. We have located the model. I am also willing to arrange a meeting with the architect for the Moore Lake Commons project and Heather Hills residents. If you will, let me know when the Heather Hills Delegation will be available for this purpose. 10. At this point, we have no idea when the private sprinkler systems for either the retail complex or the racquetball club will be installed. We assume that these will be installed as each of these projects draw closer to completion. Once the landscaping is complete, we will enforce the provisions of our development agreement with the two developers. Under these provisions should they fail to maintain the landscaping, the City has the right to provide the maintenance and place the cost for the maintenance on their taxes. x Mrs. Kay McCulloch Page 4 July 25, 1989 11. We have sent a letter to Mr. Skinner regarding his dead trees. I have asked John Flora to follow up with a telephone call this week in order to seek Mr. Skinner' s cooperation in removing them. We are assuming Mr. Brickner will remove the dead trees on lot number 5 without further City contact. 12 . I have communicated your feeling about progressive redevelopment to the City Council. I believe that there continues to be resistance on Council 's part toward using condemnation as a procedure for acquiring residential property. The Council does, however, have a strong commitment toward rehabilitation of blighted property of all kinds within the City of Fridley. As future opportunities for the upgrading of property along Old Central arise, we will seek to take advantage of them to the extent that the resources of our HRA permit. 13 . I believe that the final mat for Heather Place and Heather Circle can be installed during the 1990 construction season. Based on the scheduling of work in 1989, I would expect the work in Heather Hills to begin by mid to late summer of next year. That concludes my responses. As we develop more information in each of the areas of response, I will keep you informed. Thank you again for the opportunity to communicate. We hope that we can continue to work with the Heather Hills residents to address your concerns and to resolve them to the extent possible. Sincerely, tiZ� William W. Burns, City Manager cc: City Council John Flora, Public Works Director Jock Robertson, Community Development Director WWB/la Attachment Y NOTES/COMMENTS FROM THE HEATHER HILLS RESIDENT' S MEETING JULY 18 , 1989 7 : 00-10: 30 P.M. 1. They are concerned about the weeds on the Skinner property line. Tom Brickner is under the impression that the City will mow them one time and put it on his tax bill. 2 . They are concerned with the weeds in the median along Moore Lake Drive. They pointed out that we, or someone, have put a lot of money into that median and there appears to be little maintenance. 3 . They are very concerned about the intersection of Old Central and Highway 65. They say that it encourages northbound traffic on Old Central . Several suggestions that were offered are as follows: a. We should some how make it more difficult for traffic coming from Interstate 694 to turn right off of Highway 65 onto Old Central . b. We should put up a sign prohibiting "Right Turns on Red" at that intersection. C. We should reconfigure the intersection to make it more difficult to turn right. They also suggested that we work informally to try to get Onan and Medtronic from running their trucks up and down the portion of Old Central that extends from Highway 65 to Moore Lake Drive. 4 . They say at the intersection of Highway 65 at Moore Lake Drive, lane designations for eastbound traffic need to be changed. In other words as you are pulling up to that intersection from the west (heading east) , the arrows in the lanes ought to be eliminated. They think that intersection should be treated the same as we have treated the intersection at Mississippi and Highway 65. In that instance, they say there are no lane designations. They also point out that the Mississippi/Highway 65 intersection works a lot more smoothly than the Moore Lake Drive/Highway 65 intersection. 5. In general, they say there is too much traffic on Old Central . 6. They really hate the intersection of Old Central and Moore Lake Drive. They say that we need to eliminate the triangles from the intersection. It is really difficult to make left or right turns as you are heading north on Old Central. They also seem to think that it is difficult making left or right turns from westbound Moore Lake Drive (Rice Creek Road) onto Old Central. They say the lanes are too narrow for cars, let alone recreational vehicles and other larger vehicles. 2 7 . Another suggestion was that we establish lane markings for traffic entering Highway 65 from southbound Old Central. They also think we ought to put overhead signs there. In this case, they want left turn and straight ahead lanes designated. 8 . They point out that the street light is out at the corner of Old Central and Heather Place. The light is actually on Old Central . 9 . They want to know whether or not we can put some kind of quaint street lights along the Skinner property. They point out that people are parking there for questionable purposes. 10. Provably the most important item of all is that they are very concerned about having a berm on the Central Avenue side of the Moore Lake Commons shopping plaza. They say that they were promised a berm at the informal meeting that was held at City Hall with the developer. They want to know whether there were minutes of that meeting and whether or not the model that was shown to them at the meeting is still available. I have indicated that I will determine whether or not the berm is still in the project and if not, what can be done to restore it to the project. 11. They want to know why the sprinkler system for the Moore Lake Commons project is not working. Thus far, they have seen no water. They are also concerned with the landscaping methods and the landscaping maintenance for Moore Lake Commons. They question why the project developer isn't taking care of the landscaping. 12 . They expressed concern regarding dead trees on lot #5 (Tom Brickner's lot) and on the Skinner property. Tom agreed to take out the trees on his lot. We have written a letter to Mr. Skinner regarding his trees. 13 . They would like to see the City be more progressive in its redevelopment efforts. If necessary, condemn residential property to eliminate conditions of blight. Also, they lament the absence of good restaurants and a golf course in Fridley. 14. They want the final mat placed on their street in 1990. They have been told that this will occur pending the concurrence of the full Council. WWB/la MEMORANDUM TO: John G. Flora, Public Works Director PW89-217 FROM: Mark A. Winson, Asst. Public Works Director Clyde V. Moravetz, Engineering Assistant DATE: August 1, 1989 SUBJECT: Street Lights - Heather Hills West Decorative lights are found in the following areas: 1. Harris Pond - privately owned and maintained, energy - private. 2 . N. Innsbruck Townhouses - privately owned and maintained, energy - private. 3 . Blomberg Estates - additional lights requested by residents, they are reimbursing the City for the additional cost. 4 . Innsbruck - NSP owned and maintained, City paying for rental and energy. If the Heather Hills residents want ornamental lights, the City can request NSP to install NSP-owned equipment (see samples attached) . This would amount to an increase of $3 . 70 per month for rental and energy. If the residents desire non-NSP-owned equipment (customer-owned) , the installation and maintenance would not be the responsibility of NSP. Presently, there are no lights in the area. We have not received a petition for lights as the developer indicated initially that they wanted a secluded area. CITYOF FRIDLEY Page Two - PW89-217 The options appear to be as follows: 1. Do nothing and preserve the secluded image. 2 . Install the standard 100 W. high pressure sodium under ground NSP-owned street lights at intersection and deadends at the rate of $13 . 40 per month (4 lights would meet City warrants for street lighting) . This option would be maintained by NSP. 3 . Install decorative NSP-owned lights at the rate of $17. 10 per month, maintained by NSP. The additional cost to be assessed to the residents. 4 . Install decorative customer-owned lights at the rate of $3 . 75 per month. The materials, installation and maintenance costs and responsibilities would be of the residents. MAW/CVM/ts I i t: \ l F. . • �� `�-. "sir�wr6�'1s � •.. i' r9k� � � , ��� V"""" , �/� �� ���_ ��``� 1 4 i •�s� a t. YL 91 .a 4 �t 1 T r'• s 4 � 3 C t r.F V NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC RATE BOOK - MPUC N0. 1 Sheet No: 5 - 39 MINNESOTA Revision: 14th STREET LIGHTING SERVICE (COMPANY OWNED EQUIPMENT) Availability: Available for year- round illumination of public streets, parkways , and highways by electric lamps in luminaires supported on poles , where the facilities for this service are furnished by Company. D Underground Service under this schedule is limited to areas having a Company owned underground electric distribution system. Rate: Monthty_Rate--Per Luminaire — ------------ Decorative DN en Dsigation_of_Lame Orun Overhead Undergod Underground 70W High Pressure Sodium S 9.30 $12 .95 10OW High Pressure Sodium 9.75 13 .40 �'5 517. 10 150W High Pressure Sodium 10 . 50 14 .90 18.00 250W High Pressure Sodium 13. 70 18.35 21 . 70 N 40OW High Pressure Sodium 17.05 Fuel Clause: Bills subject to adjustment provided for in Fuel Clause Rider No. 1 . Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Late Payment Charge: Any unpaid balance over 510 .00 is subject to a 1 .5% late payment charge or $1 .00, whichever is greater. The charge may be assessed four working days after the date due. Other Provisions: This schedule is also subject to provisions contained in Rules for Application of Street Lighting Rates. R--a—t—e--C-- od—e---------------------------------------------------------------------- Overhead KP008 Underground KP009 DN Decorative Underground KP099 N Filing Date: 11 -2-87 By. Keith H. Wietecki Effective: 11 - 1 -88 Vice President, Electric Marketing i Customer Service MPUC Docket No: E002/GR-87-670 Order Date: 10-28-88 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC RATE BOOK - MPUC N0. 1 MINNESOTASheet No: 5 43 Revision: 14th ------------------------- STREET LIGHTING SERVICE (PURCHASED EQUIPMENT) ' T U`i7 dM�C �4lN�D Availability: Available for year- round illumination of public streets, parkways, and highways by electric lamps mounted on standards where customer owns an ornamental street lighting system complete with standards, luminaires with globes, lamps, and other appurtenances, together with all necessary cables extending between standards and to point of connection to Company's facilities as designated by Company. Rate: Group I Monthly_Rate_Per luminaire Designation of Lemp MN AN 24-Hour 10OW Mercury S 2.45 f 3 .00 f 175W Mercury 3 .85 5 . 70 250W Mercury 3 .70 4.95 7.85 40OW Mercury 5 .30 7.35 11 .95 70OW Mercury 12.20 1 , 000W Mercury 16.20 70W High Pressure Sodium f 2.85 f 3 .25 f 10OW High Pressure Sodium 3 . 15 3.75 150W High Pressure Sodium 4 .45 20OW High Pressure Sodium 5 .20 7.75 250W High Pressure Sodium 4 .60 6. 15 40OW High Pressure Sodium 8. 20 1 , 000W High Pressure Sodium 17.90 Groups II and III Rates for Group I Less the following monthly deduction per luminaire: Group_II Group_III 40OW Mercury or less S .30 f n/a 70OW Mercury or greater .55 . 15 150W HPs or less f .55 S .05 20OW HPS or greater .80 . 25 Group IV (Closed) Monthly_Rate Per Luminaire AN ------------------- 100W Mercury $ 1 . 75 175W Mercury 2 70 250W Mercury 3.75 40OW Mercury 6.00 ________________________SContinued-on-following_sheet)_ Rate Code ----------------------- Ornamental KS009 Ornamental - Energy Only KY009 Traffic Control KTO08 ------------------------------- ----------------------------------- filing Date: 10-3-88 By: Keith H. Wietecki , Effective- 5 -24-89 Vice President, Electric Marketing & Customer Service MPUC Docket No: E002/M-88-677 order Date: 5 - 16-89 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC RATE BOOK - MPUC NO. 1 Sheet No: 5 - 44. MINNESOTA - Revision: 11th STREET LIGHTING SERVICE (PURCHASED EQUIPMENT) (Continued) Group IV (Closed) MonthlY-Rate-Per----Luminaire -AN --- -------- -- 70W High Pressure Sodium S 1 . 10 100W High Pressure Sodium 1 .60 150W High Pressure Sodium 2.30 200W High Pressure Sodium 3. 15 250W High Pressure Sodium 4 .00 400W High Pressure Sodium 6. 20 1 ,000W High Pressure Sodium 14.45 55W low Pressure Sodium S 1 .05 180W Low Pressure Sodium 3.30 1 , 000W Metal Halide 515 . 15 2- F72HO Fluorescent S 2.75 100W Traffic Control S 1 .75 6, 000 Lumen Incandescent S 5 .20 10, 000 Lumen Incandescent S 8. 00 Group V Rates for Group I plus the following monthly rate per luminaire: Group V 400u-or-less High Pressure Sodium 51 . 50 N Fuel Clause: Bills subject to the adjustment provided for in Fuel Clause Rider No. 1 . Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider. Late Payment Charge: Any unpaid balance over 510.00 is subject to a 1 .5% late payment charge or 51 .00, whichever is greater. The charge may be assessed four working days after the date due. Other Provisions: This schedule is also subject to provisions contained in Rules for Application of Street Lighting Rates . Filing Date: 10 - 3 - 88 B K. H. Wietecki Effective: 5 - 24-89 Vice President, Electric Marketing i Customer Service MPUC Docket No: E002/M-88-677 Order Date: 5 - 16-89 NORTHERN STATES POWER COMPANY (MINNESOTA) ELECTRIC RATE BOOK - MPUC NO. 1 Sheet No: 5 - 46. 1 MINNESOTA Revision: 8th STREET LIGHTING SERVICE METERED CUSTOMER OWNED EOUIPMENT� Availability: Available for year- round illumination of public streets , parkways and highways by uncommon electric lamps mounted on standards where customer owns and maintains an ornamental street lighting system complete with standards , luminaires with globes , lamps, photocells, and other appurtenances , together with all necessary cables extending between standards and to point of connection to Company ' s meter as designated by Company. Rate: Customer charge per meter per month S 6.60 R Energy Charge All kWh - per kWh 3.48L R Fuel Clause: Bills subject to the adjustment provided for in Fuel Clause D Rider No. 1 . Surcharge: In certain communities bills are subject to a surcharge provided for in Surcharge Rider . Late Payment Charge: Any unpaid balance over $10 .00 is subject to a 1 .5% late payment charge or 51 . 00, whichever is greater. The charge may be assessed four working days after the date due. Conditions of Service: The customer owns and maintains ornamental street lighting system including underground cables , posts, lamps, ballast , photocells, and glassware. Ballasts shall provide a power factor of at least 90% and photocells shall conform to specified daily operating schedule. Company furnishes energy only at central metered distribution points designated by Company. The daily operating schedule of the lamps shall be from approximately one- half hour after sunset until one- half hour before sunrise. Al R--- et-eC---- od-e--------------------------------------------------------------------- Ornamental - Metered Energy Only KY000 a=sz===as====zssssazzazssssszaaas=zzssz=asss==s=s=.z=z=sazzaasaasaaaccvc=====_== Filing Date: 11 2.87 By: Keith H. Yietecki , Effective: 11 1 88 Vice President, Electric Marketing t Customer Service MPUC Docket No: E002/GR -87-670 Order Date: 10 . 28- 88 HPS Luminaire High Pressure Sodium 70 to 400 Watts ' Series 53154 and 1531154 FEATURING • Die Cast Housing for long-life performance • Optical Assembly designed to maximize the output of the High Pressure Sodium lamp • Power Pad electrical system for installation and maintenance ease • "Breathing Seal", developed by American Electric for filtering contaminants from enter- ing optical assembly. 6 Ideal for applications on: Parking Lots Roadways Apartment Complexes Condominium Complexes Malls Single Store Shopping Centers Multi-Store Shopping Centers HPS CUTOFF ■ Luminaire High Pressure Sodium 70 to 400 Watts Series: 53154 & 1531154 FEATURING • Die cast housing for long-life performance • Low profile, cut-off configuration presents a contemporary silhouette • Power pad electrical system for installation and maintenance ease • "Breathing Seal", developed by American Electric, for filtering contaminants from enter- ing optical assembly. • Ideal for applications on: Parking Lots Roadways Malls Shopping Centers Corporate Headquarter Complexes Hospitals A SEVERSON9 SHELDONq P.A.LARRY S.SEVERSON DOUGHERTY & MOLENDA, PSHARON K.HILLS JAMES F.SHELDON ROBERT B.BAUER MICHAEL G.DOUGHERTY* CHRISTOPHER A.GROVE MICHAEL E.MOLENDA A PROFESSIONAL ASSOCIATION SHARI L.STERUD LOREN M.SOLFEST ATTORNEYS AT LAW GERALD(JUD)E.DELOSS SUITE 600 7300 WEST 147TH STREET APPLE VALLEY,MINNESOTA 55124-7538 (612)432-3136 October 1, 1997 TELEFAX NUMBER 432-3780 City of Fridley Fridley Municipal Center Attn: Scott Hickok 6431 University Avenue NE Fridley, MN 55432 Re: Outlot B, Heather Hills West, Anoka County Our File-No.4732=15292 Dear Mr. Hickok: In response to your letter of September 22, 1997, we issue our opinion as to the applicable law based upon the facts as we understand them noted below. FACTS On April 20, 1981, the Fridley City Council approved the final plat of Heather Hills West. At that time, Heather Place was illustrated on the proposed plat as being 50 feet in width and abutting the property directly to the north. At public hearings held by the City Council on July 13, 1981 and August 10, 1981, discussions occurred regarding shifting the location of Heather Place to the south. The owner of the property to the North expressed that he did not need Heather Place. At its regular meeting of August 17, 1981, the Council approved the final plans and specifications for water and sanitary sewer and storm sewer Project Number 134, (includes street installation) to service the Heather Hills West subdivision. At this hearing, the City Manager informed the Council that the developer was going to provide another outlot in the plat, Outlot B, for the purposes of separating the right-of-way for Heather Place from the property directly to the north. On May 3, 1982, the plat of Heather Hills West was filed for record with the Anoka County Recorder's office as Document No. 120798. The recorded plat denotes the existence of Outlot B (a four-foot wide strip of land abutting the property to the north) INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA.WISCONSIN AND NORTH DAKOTA 'CERTIFIED REAL PROPERTY LAW SPECIALIST.MSBA and the dedication of a 46-foot wide right-of-way for Heather Place. The dedication portion of the plat donates and dedicates Heather Place as shown thereon to the public. Also, the recorded plat indicates, through the signature of the Mayor and Clerk that the City Council of Fridley approved the plat on May 18, 1981 (sic). However, the plat does not reveal when it was signed by either the Mayor or Clerk. In late May of 1982, the City awarded a public improvement project for the construction of Heather Place, as shown on the recorded plat. The property to the north of Heather Hills West consists of a single-family residence which takes its access directly to Central Avenue. The owner of the property has requested the City's approval of a subdivision of the property into seven lots as shown in a plat to be known as Heather Hills North. The applicant seeks to take direct access to some of the lots from Heather Place and questions the process and legality of the creation of Outlot B, Heather Hills West. ISSUES Based on the foregoing facts, you have asked for our opinion on the answer to three questions. Our opinion and answer to each question is as follows: 1.) Does dedication of a right-of-way become official upon final plat approval by the City Council or only after the plat has been filed with the County? Every donation to the public by means of a plat operates to convey the fee of all land so donated, for the uses and purposes named or intended, when such plat has been made in accordance with the provisions of Chapter 505 of the Minnesota Statutes and recorded.' The public's right to the use and enjoyment of Heather Place arose only after the plat had been recorded. Prior to recording, the public had no right to use Heather Place, even though the Council had approved a plat showing the same. While it is equally true, that to be effective the dedication of Heather Place must also meet all the provisions of Chapter 505, which includes approval by the City Council, I will address that issue later on in this opinion. 2.) May a plat which has been approved by a city council be subsequently modified, without express council approval, and be legally valid? A proposed plat must be presented for approval to the council of the city in which the land is located. In addition, the dedication on the plat shall contain a full and accurate description of the land platted and set forth what part of the land is dedicated, to whom and for what purpose.2 I is clear that the plat approved by the City Council is not one and the same as the plat which was subsequently recorded. There is no evidence in the City's records that the Council, as a body, formally approved the final plat as recorded, which delineated the creation of Outlot B and the 46-foot right-of-way for Heather Place. However, such failure does not necessarily invalidate the plat of Heather Hills West as recorded. The recorded plat alters by four feet the dedication of Heather Place to the City as originally contemplated in April of 1981. Instead of a 50-foot right-of-way, the owners of the platted property only dedicated a 46-foot right-of-way. The recorded plat evidences the intent of the dedicator to limit the right-of-way open to the public to a width of 46 feet. Nevertheless, the City as the recipient of the donated right-of-way easement proceeded then to construct Heather Place in conformance with the recorded plat. When property is conveyed by reference to a plat on file in the county recorder's office and the plat so referred to actually exists in the recorder's office at the time of conveyance, the grantor and all persons claiming under the grantor are forever barred from questioning the validity of such plat. This is true notwithstanding that at the time of the execution and record thereof there existed any irregularity or informality in the execution or acceptance or record of such plat. In all such cases, such plat shall be deemed and taken to be valid, confirmed and legalized in all respectO Furthermore, Minnesota case law has held that grantees of property referenced as platted are estopped from denying the legal existence of the streets and public grounds dedicated by the plat.4 Heather Place was dedicated to the public as a street through the recording of Heather Hills West. The City of Fridley in exercise of its authority over local streets, undertook the construction of Heather Place in conformance with and in recognition of Heather Place as dedicated on the recorded plat. The City was aware of the 46-foot wide dedication and in light of its action to construct a street within 46 feet, the City would be estopped from denying the existence of the plat of Heather Hills West as recorded. Since the City has never received Outlot B as a dedicated right-of-way nor has it exercised any control over Outlot B, it is our opinion that Outlot B legally exists as shown on the recorded plat. In arriving at our opinion, we find it immaterial as to whether the adjoining property owner either expressly or impliedly consented to the reduction of the right-of-way for Heather Place. We do note, however, that the jurisdiction over local streets is in the hands of the City Council and to the extent that the Council desires to create a record expressing that it claims no interest in Outlot B, it can do so through a vacation process. While such process may be legally unnecessary, it would manifest the actual state of the public's interest in Outlot B. Since the parcel to the north of Outlot B has direct access to a public street (Central Avenue) there would appear to be no impediment to vacating Outlot B if so desired. Upon any such vacation, title to Outlot B would be free and clear of any interest claimed by the City. 3. What is our opinion of the City staff s stipulation that prior to the approval of the final plat of Heather Hills North, the petitioner shall acquire Outlot B and incorporate it into the plat or provide legal documentation to certify that Outlot B does not exist? Since it is our opinion that Outlot B does legally exist, the question is limited to the reasonableness of requiring that the petitioner acquire Outlot B and incorporate it into the plat. On the assumption that the City of Fridley's subdivision ordinance requires that all lots have direct access to a public street, and in light of your statement that the proposed development is attractive and meets the platting standards, staff s requirement would appear to be reasonable in light of the petitioner's proposal. If you have any questions or would like any further explanation of the matters contained herein, please feel free to give me a call. Cordially, e . Doug e 1. Minn. Stat. §505.01 2. Minn. Stat. §505.03 3. Minn. Stat. §505.15 4. Popp v. CopRjy of Winona, 430 N.W.2d 19 (Minn. App. 1988) and Poudler v. Cily of Minneapolis, 115 N.W.2d 274 (Minn. 1908). CITY OATTACHMENT B r SUBJECT 0;= Y=1"21C71�EY� � I\AIWhIE'-30TA 0Z:3[VllVleE`,-.St(DY\.Q APPLICATION � --- �isio � ..,......_____._ �-�c�- Fav,ce�z�r++rov,:>s•r�-�rm�+v�csr �c1ra�eaa�.•amrn+.� �ce.,w.�, UeporU lhutnUcr teev �'�qu Approved by (Jots /J 1 t - 1-1 NO/ )ORES;; E= F=1 Alj�- 00r\APLETRUVIE=W CIAECKLIS"Y' /'a�- RIETURN TO PLAKININIG Or d, r-orvfmE NTS L ' - ���w•���J i t t.. tom— � �� �i€���- 47 lle� ' CITY UPI FF-741r')LKZY', 4I'v N N UNsstol\l 2n.PPLICATfollm t i S Ol TIA \1 i E VV ePcIrial Wv1sloo, Approved by FILL`N0/ f:)R FILE DATE -�w HEAC'K LIST cf�'l RETURN TO PLA.Milill'uO � 1-1 U E DATE COMMERITS l/ `� bAd _ �� x ar �eltl 1141 ell A et er CHECK LIST FOR (Name of Plat) LegendDate 'x o W--Item Correct � X -Item Incorrect of Section ('� T � 2. �� Checked by ���- �1� � --Item Not Checked Political Subd. �J t:`,--) LAQ Survey Company --T J %tit ' zy_ ' I&_Y 1. Y Closure 2. ` Angles and/or bearings 3.1urve data 4. jpt7pverall dimensions 5. 'Aot dimensions 6. of and block numbers , exceptions , outlots parks 7. ►/ iStreet name or numbers Fed. , State, Co. , Local S. Hi hway Alignment St. , Co. 9. Street Uidths 10. u Adjacent and underlying area Platted only 11. Ccmaare with adjoining areas 12. � Compare with section resurvey 13. •: Ties to subdivision lines and corners 14. esignation of outside boundaries notes 15: , asements-com are with dedication and designation 16. Title-same as dedication and duplication 17. iDedi cali on - Streets , Avenues , Lanes, Ways , Highways , Parks , etc. 13. Description - compare with plat 19. State or County Highway Department--- - - epartmen20. ignatures , notaries , and acknowledgements 21. t 'Monuments -- property found, set, and designated $22. - Scale and `�Jorth arrow & bearinG data Com are with half-section plat k lat for scale Wet lands , water elevation, bench i1arks , survey line Plat checkingfeen No. lots 27. Miscellaneous 'L°. Miscellaneous 29. �, ` Watershed district Coon eek Rice Creek 30. chool district � r 31 ' Abstract orrensl 11 32. County Planning and Advisory Commission No. Remarks on items incorrect r M,. . 1 J /i' Plat acceptable to me when the above items, if any, have been corrected. By r Anoka Countv Surveyor' s Office 10M NDI L'�3 NNS ,, / .t Project No. 134 Heather Hills re W /I W w .,"w AL % 1000' 71, NES Ar Jw Ot 49 Jf/ JK % 14 1 T- A lb AwF 0 Av 1 j too % -All X 04, Jb � 3 r ' , i r' it Arm J 0 WIJO-0 < i � . ovs x O ! ° � i. a �'� �� .D.� ,` C � Qi�� ��`' N tum ♦i'� �' ml rr,,''� � HEATHER C I r �4. ��. ' U ♦ ..fit h ti 4Mo joo. 7 �'� r1�.. � ♦ �� a R��a"y�, .'?`+ n, --'--- — _ I \ ptiV^\ ` N N A* \0`. to v�ll' jo /go- 7w _o„y /so \ rf/ a \ 42 o Qz WP _ 0 tl v >t 0 04 r * ' • \ tom^ Wim. Zv \1 A W — 40 _� 9C zoo 14. " KERRY101-61 lw A4 All � IL / :.• 7.M 7FP 1:r" 7. l ,7 e9 ON i / ^ fa A J 1 °. 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A'sv oo t1 v t1 y �b yp 'o tt,� Ibb 0 °1 Is ,4 � F 0 zs. o inti 00 `92 {0 d,�9 �• °:i, y ° 'is °i q� off• 0 �' _ N .. � •o ti � V1 I � •.. 7J- ' . 36 I PPO FIL f-f- fFT k R Pt- �cE . 4 J - v v a, +3.12irv Ito of, , oo q� v a QA + o + 1 2 3 FT/S j`//✓moi � a D P�4 YEM�N r 4 hOv1rl�r o� i � Y✓E. JT 9 3C � o l. 92� 920 ri •;, 910 M_ o, i7 910 M=od J 900 v c= 70 " 44 8 g o o � � M = o•yylu ; � � o a v *" O M v ti 114F4 rI.14CR 9`20 Pr o�o,�eat ✓`1`r�e� v�rr.���s � _-� w4FS 7,.. E"X�'s�,'.�� ,ora�l� fror,� Co7fDvr r►�a�. : . _ Bri`ck»er ,6ui'laers' lt;e. 4 9 o I e RONALD F. MEYER LAND SURVEYOR !! LAND SURVEYING SUBDIVISION DESIGN �'..Y Q TELEPHONE 771-4566 Pre�erre� •' /Y1 � .h ,2/, /y�l btu 4 h�j 9 0 61 0191fe (rifeu r* 985 JESSIE ST. ST. PAUL, MINN. 55101 I �'.,,�..�,A `� �' i r 7UQ� r a�T �o r Jjjl1i�:lrf .moi EQ�QG E S'�//vNER 62/7 C�nfrq�/ /gvBnu/ R� � o T I I / 7S 7 7 S 7S" 7 ,�1 �a ` T,e�✓ YVAy EASE ENT C 1 \ IN. OJ�c h \ /o o /D o 7S 7., 7S 7S 7S h'Ei9 71 I ,R C E 22 RONALD F. NiEYER LAND SURVEYOR LAND SURVEYING SUBDIVISION DESIGN TELEPHONE 771-4586 �rc�pr�crr�. �iCf �., X98-5 685 JESSIE ST. ST. PAUL. MINK. 53101 t T R l9 L � 1�ENUE" seg- rS, T_F ON _�— -�— 7 46, � + 1 r i, O 1 v Q/ �1 , cr \ 1 T Il i ` \l lI r • 9-2f fly-� . I .- �n�N Ik;Wtp 4fl14-5 I r _ � V ATTACHMENT S-1 PLANNING COMMISSION MEETING, FEBRUARY 25, 1981 PAGE 4 had a problem with the curfew hours. He thought 9:00 a.m. to 9:00 p . on weekends and holidays was not being reasonable. Ms. Callahan stated this was a local kind of issue. The City of inneapolis, St. Paul , and Bloomington felt 9:00 a.m. was appropriate becau of the density in population. There is a trade-off here, and that is the ki d of thing the Planning Commission and City Council should make a decision n. These times came from an analysis and survey held by the Pollution Con rol Agency. Mr. Harris stated the problem with this is that theCi does not have the enforcement capability to catch, for example, the per n speeding down Central Avenue at 6:00 a.m. Mr. Oquist stated he did not have a problem with Operational Limits" , but he did have a problem with the list of outdoor wer implements. The Operational Limits is putting a control on noise during c twin hours. It is not limiting or restricting theu;e of power equipment ent' ely, just during certain times. _MOTION BY MS. HUGHES, SECONDED BY MS. SCH ABEL, TO RECOMMEND THE DELETION OF "DRILZ.5"` FROM ITEM #2, OUTDOOR POSHER I17P EMENTS" IN SECTION 124-05. UPON A VOICE VOTE, ALL VOTING AYE, C IR11AN HARRIS DECLARED THE MOTION CARRIED UNAN1MOUSL.Y. Mr. Oquist stated the ordinance ight be hard to enforce, but it is a tool for enforcement... Without the ordit nce, they cannot enforce anything. Mr. Harris stated the major roblem he has with the whole ordinance is equal and fair enforcement. e stated he would like to talk to Mr. Herrick in depth about this ordinan . Ms. Hushes stated it - emed to her that with an ordinance like this, it was a case of whether or n t the City wants a nice community for people to live in, and that is what t y are really trying to do with this ordinance. Before this comes back on the agenda, she would like to ask Staff to have an updated version of the Noise Or nance with all the changes so the Planning Commission would have the form Staff would like the Planning Commission to recommend on to City Council . MOTION BY M . HUGHES, SECONDED BY MR. OQUIST, TO CONTINUE DISCUSSION ON THE PROPOSED ISE, ORDINANCE FOR THE CITY OF FRIDLEY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANI.OUSLY. 2. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PRELIMINARY PLAT, P.S. X81-02, HEATHER HILLS FWEST,�BY THOMAS BRICKNER: Being a replat of Lot 1 , Block 3, Moore Lake Hills Addi�tion, a single family dwelling area generally located on the East side of Central Avenue N.E. at 6175 Central . i; l PLANNING COMMISSION MEETING, FEBRUARY 25, 1981 PAGE 3 Ms. Callahan stated she felt that many of Mr. Newquist' s comm is were directed at the League of Minnesota Cities' model ordinance, which is .ind of a grocery list. She stated she and Mr. Deblon spent a long time tryi y to tailor the model ordinance and Fridley' s ordinance is not the League' ordinance at all . Some of the things Mr. Newquist suggested in the letter, he and Mr. Deblon agreed were appropriate, and she thought some of those anges had already been made. Ms. Callahan stated Mr. Newquist had a concern about the "Receiving Land Use Standards" , Section 124.02, which are the quantitative "guts" of the ordinance. It was his thinking they are really only zoning s - ndards and should be put in the Zoning Code. Ms. Callahan stated that while he standards should be in the Zoning Code as well , they do not only speak to � �e issue of how land is being used now, but they also speak to the issue of ow land can be used later on. Ms. Callahan stated she did think they shoul keep the"Motor Vehicle Noise Limits" under Section 124.03, whether they dopt them by reference or enforce there. Most cities site them by reference f they start an enforcement program. Ms. Callahan stated Mr. Newquist had co corns about the"Public Nuisance Noises" , Section 124.06. She stated that while these are very vague in nature by the way they are listed, these are situation.. where most cities have found it virtually impossible to do quantitative law e orcement. They are trying to create a document that helps the City enfor e in a reasonable way that is fair. Rather than rely on simple state languag that can designate anything as a public nuisance, they identified specif c actions that the City of Fridley identifies ahead of time as public nuisan s. She stated they worked on this ordinance with a number of attorneys fo quite a long time and they feel they came up with a good document. However, w ther this is what the City of Fridley wants in the document -is a totally different question. Ms. Callahan stated Mr. wquist had a problem with "Noisy Parties or Gatherings" (Item C in Section 124. ) . He had stated he did not think the City had any problem with it right ow. She stated this might be something the Police Depart- ment should respond t Most cities don' t feel they have a handle on this kind of situation and nee any tool they can get to alleviate those kinds of situations. She stated she fel there is a difference between the parties where there is disorderly conduc' and the parties that are just noisy. UPON A VOICE VO E, ALL VOTING AYE, CHAIRIPJAN HARRIS DECLARED MR. NEWQUIST`S LETTER RECE.IVF, INTO THE RECORD. Ms. Schnabel referred to agenda page 18, Section 124.08, "Powers and Duties of the Noi Control Officer" . She stated there is no further reference to a "noise co trol officer" ; therefore "noise control officer" should be deleted as that per on is not referenced anywhere else in the document. Mr. H ris stated he objected to the listing of "Outdoor Power Implements in Sect' n 124.05 Operational Limits . When they start listing things, the list -is usu ly and some of the things are inadequate. He stated he also ATTACHMENT S-2 PLANNING COMMISSION MEETING, FEBRUARY 25, 1981 PAGE 5 MOTION BY MR. OQUIST, SECONDED BY MR. SVANDA, TO OPEN THE PUBLIC HEARING ON PRELIMINARY PLAT, P.S. #81-02, BY THOMAS BRICKNER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC FIEARING OPEN AT 8:37 P.M. Mr. Boardman stated this property is off Old Central , just north of Woody Lane. This used to be church-owned property, and the church is interested in selling. Mr. Brickner has a contract for purchasing the property based on approval of the plat. He stated Mr. Brickner is in the audience. Mr. Boardman stated that Mr. Brickner is proposing a road that comes in off Central Avenue and ends in a cul-de-sac. The reason he is proposing at this time is he is attempting to save as much 'vegetation as possible. He either plans to move the existing house on to one lot or tear the house down. The City' s overall plans for improvement of this area, tghen development does come, will be some connection from Ben More Drive to this road system. Mr. Boardman stated that all the lots are acceptable and are all over 9,000 sq. ft. Some are 90 ft. lots and are 85 ft. lots . Mr. Brickner is planning on building very nice homes on those lots. Mr. Tom Brickner, 6249 Ben More Drive, stated he lives in this area. He stated lie would he glad to answer any questions the Commission might have. Mr. Ralph Skinner, 6217 Central Ave. , stated his property abuts this area to the north, and he is perfectly in agreement with Mr. Brickner as far as the development of this area. There is a lot of property lying there that is not being utilized, and this development will be very advantageous to both the people who live in this area and to the City. Mr. Walter Rydberg, 612.7 broody Lane, stated he and three other people in the audience own property that abuts this property on the southern end. They are concerned about the terrain and the big tall pine trees that might have to be removed. Mr. William Gagner, 6125 Woody Lane, stated he lives next to Mr. Rydberg. He is concerned about the grading and the natural grade. Mr. Brickner stated there was no doubt that this is a difficult piece of ground to work with. He is certainly going to try to save as many trees and preserve the beauty of the area the best he can. There is going to be some unusual construction, and each home will be custom-designed to fit each lot. Mr. Skinner stated that with regard to Mr. Brickner' s developing ability, he is acquainted with what Mr. Brickner has done. He stated he is very confident in Mr. Brickner's past performance, and Mr. Brickner will not do anything in the neighborhood except to benefit and create an environment and =;n atmosphere that will be advantageous to every home owner in the area and t he City of Fridley. He builds the finest and develops in such a way that ' 'rouses look as though they grew out of the ground instead of being put togel. ATTACHMENT g_,3 PLANNING COMMISSION MEETING, FEBRUARY 25, 1931 PAGE 6 Mr. Harris asked who would maintain the ponding area, the City or the property owners? He stated that with all the ponding areas the City requires -for neva development, someone should figure out how much it costs the City to maintain these ponding areas each year. Mr. Boardman stated they could extend the property line and just retain a drainage easement and have the property owners maintain the ponding area. Mr. Harris stated he liked that idea better. Ms. Schnabel suggested that the lot line of the lot next to the ponding area be moved over, and that lot split in half to make an additional buildable lot. Mr. Boardman stated that maybe Mr. Brickner could work it out with another buildable lot so that the drainage easement went across all three of those lots. This is something Mr. Brickner is going to have to look at when he gets his final plat. _MOTION BY MR. OQUIST, SECO17DED BY MR. SVANDA, TO CLOSE THE PUBLIC HEARING ON PRELIMINARY PLAT, P.S. fl81-02, BY TH01-UIS BRICKNER. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HARRIS DECLARED THE PUBLIC HEARING CLOSED AT 5:28 P.M. MOTION BY NR. OQUIST, SECONDED BY MR. SVANDA, TO RECOhLVJEND TO CITY COUNCIL APPROVAL OF PROPOSED PRELIMINARY PLAT, P.S. #81-02, HEATHER HILLS WEST, BY THOMAS BRICKNER: BEING A REPLAT OF LOT 1, BLOCK 3, MOORE LAKE .HILLS ADDITION, A SINGLE FAMILY DWELLING AREA GENERALLY LOCATED ON THE EAST SIDE OF CENTRAL AVE. N.E. AT 6175 CENTRAL, SUBJECT TO ENGINEERING STANDARDS .FOR ROAD RIGHT-OF- WAY AND ANY NECESSARY ENGINEERING EASEMENTS t'ITHIN THE PLAT. UPON A VOICE VOTE, ALL VOTING .AYE, CHAIRMAN HARRIS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated the final plat will go to City Council for setting a public hearing on March 16, and will go to City Council for a public hearing on April 13. 3. LOT SPLIT REQUEST, L.S. -W81-01 , BY THOMAS BRICKNE Split off the East 300 feet of Lot 19, Auditor's Subdivision No. the same being 6229 Central Avenue N.E. Mr. Boardman stated this request was also Mr. Brickner. This lot is located north of the proposed plat. Mr. Brickn does have a purchase agreement from the owner of the property to split o ' the 300 feet of the lot. If the Planning Commission and City Council approv the lot split, Mr. Brickner will purchase the property. Mr. Boardman stated that i the Planning Commission does approve the lot split, he would recommend a st' ulation that this lot not, be built Upon until it: gains access from the souti or from Ben [lore Drive and built. only in a manner consistent with further deve ment of that area. Otherwise, he would recommend denial . (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE is herebygiven that Will be a Public Hearing Ofthe tCity Council of the City of Fridley in the City Hall at 6431 University Avenue inoNrtheast on the Council Chamberatril 7:30' 198. for the purpose of: p'm Consideration of a Final Plat, P.S. #81-02, Heather Hills West, by Thomas Brickner, being a replat of Lot 1, Block 3, Moore Lake Hills Addition,a single fam- ily residential area,located in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka,Minnesota. Generally located on the East side of Central Avenue at 6175 Central Anyone des�ingNto the heard with reference to the above matter will be heard at this meeting. WILLIAM J.NEE (March 25,&April 1,1981) Mayor _ FRID ATTACHMENT N PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, April 13, 1981 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Final Plat, P.S. #81-02, Heather Hills West, by Thomas Brickner, being a replat of Lot 1 , Block 3, Moore Lake Hills Addition, a single family residential area, located in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located on the East side of Central Avenue at 6175 Central Avenue Northeast. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. WILLIAM J. NEE MAYOR Publish : March 25, 1981 April 1 , 1981 L t . . r CITY OF FRIDLEY PETITION COVER GHEE Petition No. 6-1981 Date Received July 8, 1981 Object Request street improvements, sanitary sewer and water for Heather Hills West Addition (Ben More Drive, Oak Crest Court and Glenn Oak Circle) Petition Checked By Date Percent Signing Referred to City Council Disposition Designers and Builders of Fashionable Homes RROI=TURK0 • SYILDUR �c ** * * SER g till .D � Inc.. �s 574 - 9871 6249 BEN MORE DR. FRIDLEY, MN. 55432 PLTI`rION IFOR WATLR, S:�e7]R LAILRALS Ai1D STRE-`i' SU FI ACIii� DATA - '� To the City Council of Fridley, ;Minnesota: We, the undersigned, constituting fifty percent (500) of the property owners in number and in interest, in the following streets, request a Public Hearing for said improvements. Heather Hills 'West Addition 1. Ben _lore Dr. 2. Oak Crest Court 3. jlenn Oak Circle Who will benefit by the proposed improvement, hereby petition that the following improvements be made: 1. Street Surfacing w/concrete curb and gutter and storm sewer 2. Sanitary Sewer Laterals and Services 3. dater Laterals and Services We understand that the cost of said improvement will be assessed against the benefiting property in the above described area. TdA: ADDRESS D.-S L Ir JO Contract Purchaser _ 1"oore Lake Hills Brickner Builders {/` yam., ! . 4,c% ,''�! ��*--- /"�4 Lot 1 Block 3_ Fee Owner Moore Lake Hills Peoples Church 14 Columbia Hei hts 6175 Central Ave. X.P. Lot 1 Block 3 I hereby certify that I have checked the above petitioners, and they do constitute fifty percent (50%) of the owners in the area affected. TNS CITY OF DIRECTO OF - i EMORANDUM PUBLIC 1 F R 1 Y c'l DATE _ July 31. 1981 — FROM D.P.W. John G_ Flora. PuHlir ACTION INFO. SUBJECT Aanaqer Future Land Development With the recent platting and current plans to develop Heather Hills West, that portion owned by Tom Brickner, east of Old Central and generally located between Woody Lane and Rice Creek Road; and the Moore Lake Tax In- crement District Plan Phase IV which incorporates the entire portion of the property from Heather Hills West to Rice Creek Road, east of Old Cen- tral , the City should be preparing a plan which will support the entire area. The original plan for Heather Hills West called for the extension of Ben More Drive to Old Central. This plan has not been accepted by the City Council at this time. We have developed four proposals for servicing this area with utilities: PLAN A: Plan A establishes a total of 34 buildable lots. It provides for aloop road to open up the large lots above Heather Hills West. The proper- ties are faced away from Old Central. The escarpment is avoided by placing the road below the steep cut. The total road construction is minimal . An easement would be required to connect the water line from Heather Hills West to provide for a continuous looped system. PLAN B: Plan B establishes a total of 31 buildable lots. It can, or need not, connect Heather Place with Ben More Drive. It avoids the escarpment by placing the road below the steep cut. There is considerable road cons- truction. If Ben More is not connected, an easement would be required to loop the water system from Heather Hills West. An intersection with Old Central is required. Four lots would face Old Central. PLAN C: Plan C establishes a total of 33 buildable lots. The properties are faced -away from Old Central. The water looping of Heather Hills West is pro- vided for. The road network requires assault of the escarpment twice, therefore some large slopes are necessary. T"a CITY OF DIRECTORATE o0 OF °'d o° MEMORANDUM PUBLIC WORKS F R I L Y Page two FUTURE LAND DEVELOPMENT 7/31/81 PLAN D: Plan D establishes a total of 30 buildable lots. It can, or need not, connect Heather Place with Ben More Drive. Looping of Heather Hills West water system is provided fora It assaults the escarpment only once, but some steep slopes would be necessary. Seven lots would face Old Central . At the August 10th City Council Public Hearing Meeting, the project to provide water and sewer services to Heather Hills West will be presented. Consideration should be given to the services to be planned and provided for the Skinner property immediately north of the plat, plus the future plans for the entire area. Suggest the City Council consider the attached four plans and provide the staff guidance on which avenue we should approach our utility system planning. JGF:ijk Attachments THE CITY OF DIRECTORATE Lkpo MEMORANDUM PUBLIC WORKS FRIENCEY August 18, 1981 Subject: Heather Hills West Plat At the August 17, 1981 City Council meeting, the following proposal was submitted and approved: Mr. Brickner (the developer) would assume 100% of the improvement assess- ments within the plat. The City will approve the vacation of the norther- ly four (4) feet of the 50 foot street right-of-way. This section will be identified as Outlot B. This change was brought about by the objection of the property owner to the north of the plat (Ralph Skinner) on the assessments proposed for his property caused by the street and utility improvements on the plat. The City Manager obtained Mr. Brickner's approval to absorb all costs on the plat, with an understanding that an outlot be established and vacated by the City. The City Council was in full concurrence with this action. JOHN G. FLORA, P.E. Public Works Director JGF:ijk -$ � � d4 k ➢Cir �, .. �, X44'- S-x t MG R xft 4A.Vu� n W, fi s - ta ti q' b3E cs 7 � tk� ?�� 1 e'++Y�•� � £Y�'9.nom/+ a��� � y � a� 'N a . T r4 6 021 k; h °F-A f �i •fy .f ,+�s $3 4 ;.'� r � ''Li :�� f ty ',��;' _•� 5� Hf 4L s rs kt'sp r, � , h a• %rr 5r4� x` _ ��7p,a1F. �f •. �1 1� ; ;F �� ��,.1 y tom" �w ��,�`� �S" a b` 2�F Y _�¢k 4 t;��� d, �S ?��i Ty�•� g;,� ����f t - � � t iGx*11 .z,=i3,�a .wY *^F 5 ws 7Fe �s £ ,Pr` ;� � t-..s� �wx, � y�� a '� # 'i r rr ��'�` 4 �; :r ap`�t(. � ;+��,` � k err.; rh r'.*E�'+; •,�x �� �t"`� �'1 a. ,'� •�y � {'Y �`✓"..2ff. W"S i rr A �M' �� t kd' hb y �� i �' f Ru -- .s MEMORANDUM o CITY OF FRIDLEY OFFICE OF THE CITY MANAGER 6431 UNIVERSMY AVE. NE. NASIM M.QURESHI FRIOLEY. MN. 56432 (6123 571-3450 t t TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: NASIM M. QURESHI , CITY MANAGER DATE: JUNE 16, 1986 SUBJECT: RALPH SKINNER'S RESPONSE TO THE CITIES PROPOSED OFFER IN MY LETTER DATED MAY 23, 1986 TO MR. SKINNER The attached letter was hand delivered to the Cities Receptionist in response to the letter I wrote to Mr. Skinner along with the discussion that was held at the June 2 City Council meeting. I am providing a copy of the letter that I wrote on May 23, 1986 for your information again. I would like the City Council to review the information and situation and advise me accordingly. Thank you, NMQ/la CRY OF HaDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 5543' - PHONF i(il') 5,I_343(' May 23, 1986 Mr. and Mrs. G. R. Skirmer 6217 Central Avenue N.E. Fridley, Minnesota 55432 Dear Mr. & Mrs. Skinner: Thank you for coming in to meet with me recently to discuss the development of your property. I would like to s m,rarize the proposal that we believe to be consistent with actual City costs: 1. The total street and utility assessment for the 11 lots developed by Mr. Brickner in 1982 was $179,554 or $16,323 per lot (see attached Sunnary of Proposal) . 2. The attached sketch indicates a method of subdividing your property without extending Ben More Drive to create six lots fronting on Heather Place. If you wish to retain Lot 2 for your existing home, five of the six lots would be available for you to develop. 3. If the $179,554 1982 assessment had been equally divided among Mr. Brickner's 11 lots and your 5 lots, the cost per lot would have been $11,222, totaling $56,110 for your five lots. 4. The four year accrued interest on the $56,110 at 97. per year is $20,199. This is the rate you would have paid starting in 1982, if assessments had been levied in 1982, but payment deferred. 5. The City can apply the assessment of $15,261 per lot and defer it up to five years. In this way you will have the option of either the buyer or the seller paying the assessment charge at the time of sale of the lots. In addition, consistent with policy on de- ferred assessments, interest will accrue at 97. per year until paid in full. This proposal has certain positive benefits for your property: 1. The Brickner development gave all the right-of-way for the street (Heather Place) . Mr. & Mrs. G. R. Skinner May 23, 1986 Page 2 2. The Ben More Drive extension is now eliminated. 3. Both of the above items would allow you to have lots 11,000 skuare feet and larger where the minimum lot requirement is only 9,000 square feet. 4. The City will provide a water loop at no charge to your development. 5. Street and utility costs are now exactly known instead of being estimated. 6. Your property should benefit from the high quality development to the south. 7. You will have the choice of you or the buyer paying the assessments, with interest, when the lots are sold. With your agreEment, I am willing to recocrmend this proposal to the City Council. As you know, the City Council is the only authority which can approve this proposal. If the proposal is acceptable to you, please advise me, in writing, by May 29, 1986 so that I can submit it to the Council in time for their review and approval at the June 2 meeting. This proposal only addresses the issue of access onto Heather Place and the costs of street and utilities. If you decide to develop your property, I would be happy to provide you with the required procedures, charges and fees related to the development of the property. If I can be of any further service, please feel free to call me. Sincerely, Nasim M. Qureshi, City Manager R-1�:ch Attachments t w l SU4,14M OF PROPOSAL Brickner's Total Assessment in 1982 - $179,554. $16,323 per lot for 11 lots. If Brickner and Skinner had shared costs in 1982, costs per lot (11 lots for Brickner and 5 lots for Skinner ) would have been $11,222. ($179,554 divided by 16 lots) . Skinner's Costs in 1982 for 5 lots: 5 x $11,222 = $56,110. 1986 Interest Total on $56,110 for 4 years at 9'/0 - $20,199 Plus Original $56,110 56,110 Total 1986 Figure for Five Lots $76,309 1986 Total Cost per Lot ($76,309 divided by 5 lots) _ $15,261 i I POSSIBLE DEVELOPMENT OF SKINNER PROPERTY , 6 ----- HEATHER PLACE ^--- ----- - °U���` 11 1 5 W ST 10 2 FATHER 6 3 4 II 7 8 ' I ` NORTH I& I DATE 5-23-88 1i June 13, 1986 City of Fridley Fridley, MN 55432 CC Tom Brickner Brickner Builders I, G. Ralph Skinner, agree to pay what I believe 'to be my flir portion of costs in the amount of $36,835.00 to open my property for development. My proposal to pay this portion of costs is contingent upon the City of Fridley and/or Brickner Builders either jointly or severely agreeing to and meeting the terms set forth herein as- follows: A. City to open my property by purchasing that portion of land from Brickner Builders a part of .Hether Hills West, known as outlots "A" and "B", and assigning that property to G. Ralph Skinner by warranty deed, or the same act to be performed by Brickner Builders. 0 B. Curb to be cut and drive way approaches installed at cities cost with no additional assessments to existing property to the North of Heather Place St. , known as Skinner Property. C. Any park fee assessments to be based on and not to exceed 1982 assessments. D. No utility easement, nor access of any kind, for any purpose or service to be given nor permitted across my property to service any other adjoining or non—adjacent property. E. City to loop water system, no cost to any property owner. F. City of Fridley and/or Brickner Bililders to compensate me for financial damage! caused me by landlocking and preventing the sale of my property since 1982. 1 had sales for my property, (4 lots on East portion) for $140,000.00 in 1982. This sale and personal enrichment was prevented strictly and solely by the actions jointly of the City of Fridley and Brickner Builders in landlocking that East portion of my property. That money could have drawn 10% annual interest to date, accrueing to a sum of $54,600.00. These damages must be considered in cash or credited toward the costs to open my property. G. All requirements by the city to open my property and the costs for same, such as surveys, splitting, platting, filing, etc. are to be specified by the city directors of such appropriate offices. In the event these terms are not acceptable, all parties to whom it may concern may consider this entire proposal null and void and with in a period of thirty (30) days from this date. Respectfully, � G. Ralph Ski ner ATTACHMENT X-2 REGULAR i•IEETIIIG OF APRiL 20, 19,81 PAGE 5 Mr. Barris stated he appreciated the fact the Council will take this matter under advisement and, hopefully, lie will be treated fairly. i1i COJSiDERATION_OF FILIAL PLAT, I'S 1481-01, MTDIIEST ADDITION, LOUIS J. HAMLIN: Mr. Flora, Public Works Director, stated this parcel of property is located in the Great Northern Industrial area, just east of East River Road and south of I-691. Ilr- stated the property includes a triangular piece, which was shown on a map, and is part of the entire parcel Midwest Printing bought from the railroad. Mr. Flora stated it was not possible to record this small triangular piece of property at the County because they didn't have a legal description, therefore, this plat is requested to define this portion of property so it can be recorded. MOTION by Councilman Fitzpatrick to approve the final plat, PS #81-01, Midwest Addition. Secundr!d by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION' OF FINIAL PLAT PS x`81=02, HEATHER HILLS WEST, 6175 CENTRAL AVENUE, THOMAS BRICKNER: Mr. Flora, Public Works Director, stated this property is east. of Old Central, between Rice Creek Road and Gardena. He stated the plat consists of 11 residential lots with two cul-de-sacs off Central Avenue. Mr. Flora stated the Planning Commission has reviewed the plat and has recommended approval. Mr. Flora stated the item that was not addressed is the development and assessment of costs for the road improvement, sanitary sewer, and water services, which will essentially be serving the property outside the plat, and the potential connection to Ben More Drive. Councilman Schneider pointed out that two-thirds of the people on Den itore Drive indicated they didn't want Ben ilore Drive extended. He stated he respected staff's opinions, but would hate to get into a situation some time in the future that the Council approved this plat and approved the extension of Ben itore Drive. 11r. Flora stated the City's plans were for the eventual extension of Ben i,ore Drive to Central Avenue. He stated, when Ben 1•11ore Drive was being constructed, the church that owned this parcel objected to further extension so it. was terminated. He pointed out now that the parcel is being developed, it fits in to add the connection to the street. Lir. Flora stated, currently, the City can bring water off Central to service this parcel, but it is only from one direction and it is more purdent to put in water from two directions and the most logical place to service this area is the line that is terminated at the end of Ben More Drive. Councilwoman I•loses asked if the service is affected if it comes only from Central Avenue. fir. Flora stated the line, essentially, beco;res a dead line and if there is a water break, then everyone is out of service, but if they can service from different directiuns, service could be continued. COUnCiiblan Schneider stated he is concerned about naming a street that may, ill fact, not cc:r,:inue. Mayor Nee asked about the nanies for file cul-de-sacs, since one is shown as Glenn Oak Circle and the City currently has a streeL called Oak Glen, and felt this may pose a problen. ATTAUDIENT X-3 . l 1 REGULAR MEETING OF APRIL. 20, 1981 PAGE 6 Mlr. Brickner stated he didn't feel this would be a problem since the streets are quite a distance apart, however, if Council feels there is a problem, the name could be changed. Mir. Brickner also stated he lives on Ben More Drive and he didn't care, either xray, if Ben More Drive was or was not extended. Councilman Schneider asked if he sar•r any problem with his development, if Beni More Driverrasn't extended. Mr. Brickner felt, from the City's standpoint, it would be better to have the extension, but from his standpoint, it may be better not. to have it extended, as it may give him an additional building lot, but he is not sure this would be in the best interests of everyone concerned. Councilman Schneider stated he doesn't, at this time, want 'to name the street coming off Central as Ben More Drive. Mr. Qureshi , City Manager, stated the City has some overall plans for this area and the major concerns would be only one access and the water line iooping, if Ben More Drive wasn't extended. He stated there is a total scheme or plan for that area and felt those issues should be addressed. Mayor Nee stated he would like to see the plan and asked if it could be submitted at a conference meeting. Councilman Schneider stated he doesn't see the requirement for the road or for the water looping and that is the only justification he has heard so far for the extension, other `than dual access. Mr. Qureshi stated some direction has to be provided in regard to the water looping. Mr. Qureshi, City Manager, also pointed out this plat would,. potentially, affect other properties and according to the City's policy, they would be assessed. Councilwoman Moses asked who would be putting in the road. Mr. Brickner stated, in the past, the City has put in the improvements and, in this case, this would be the way he would want to proceed. Me stated that Mr. Skinner, the property owner to the north, is in favor of this devlopment and is aware his property would benefit greatly by this road and that he would be assessed. Mayor Nee stated, as he understands it, they are presently talking about a right-of-way. MOTION by Councilman Schneider to approve the plat, PS x'81-02, Heather Hills 41est, contingent upon the street names being removed and the cul-de-sacs renamed in accordance with any requirements of the Police and Fire Departments and Post Office and, secondly, that the east/west access coming off Central specifically not be named Ben More Drive, Ben More Circle or Ben More Court or any references to Gen More. Seconded by Councilman Barnette. Mr. Wayne Welch, 6115 Woody Lane, questioned if he would be assessed for emprovements. Mr. Qureshi , City Manager, thought the only possible assessment he could be concerned with would be for drainage. Ile felt, however, if the drainage is designed properly, it would hold all the water this property is receiving and there would be no need for an outlet. He stated, if there was an improve- ment where Mr. Welch would be assessed, he would receive a notice of hearing. UPON A VOICE. VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanir,iously. 6IIAC8>UE0I l-4 REGULAR 1,11UTING OF APRIL 20, Y)".1 7 Mr. Flora, Public WorkF. Director, stated thert, i!, alf�u t1W 4ill0sti(Ill (If tjj( pdrk fee. Mr. Qureshi , City Manager. stated me requirerojlt i,.. tl,at 10* of !)­ laild begiven foi- park purposes or a ca,lh donation or 10 C.!' Lho v,Aw, ol 'I,V wr, or|cknor stated he would prefer the option of wyi'.g mo pall, /,c at ' the Umu the building yonxit is issued. Mr. 8ricknur was requested to submit letter, to this ef[ccti rrgai-14in8 payment of the park foo, �� ,� . MOTION by Councilwoman Noses to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon u voin` vou:, all voting aye, Mayor Nee declared the motion carried unanimously. /� � �41_ DISCUSSION AND POSSIBLE RECONSIDERATION OF REZONING RERqE51`' #�,L-Q!iaTED BURANDT-_Lkl�NILLJ) APRE-0 IT ! Councilman Schneider stated, after the action of the Council last wool-, to deny this rezoning request, Mr. Durandt contacted him and wanted verification on the action taken. He stated Mr. 8urandt indicated he didn't receive "v/ice | of the prior Council meetinys, and is present here this evening and yod`ays � Should explain. Mr. 8urandt stated he talked to the City the day before the Council meeting. He stated he was under the impression. that the rezoning had taken place. Mr, 8urandt stated he never received any notices, and felt they were,possibly sent to the property address, and not his place of residence. Ho stated he took the action of the Planning CoDaissioo as approval. Councilwoman Moses asked how ho was notified of the public hearings before the. Planning Co/mnission, Mr. Svrandt stated, when he made the application, he was told when the meeting would be held. Councilman Ftizpatrick asked if he attended -the hearings before the Planning Commission and at those meetings if he wasn't advised what would he taking place to which Gr. Cvrandt answered in the affirmative. Councilman Schneider stated the xnnd fr'om staff was that Hr' 8urandt was contacted and that he was aware of the meeting. Coundlw4111 Schneider asked Mr. 8urxndt �jhat was kis intended use of the prnperUy' if it. is rczonod. Mr. Uorandt stated he wanted to refurbish the property. He stated there was a fire in the dv0lin8 so ho has gutted it and there was no insulation and it has to be reworked and landscaped. Councilman Schneider pointed out one of the comments /node by staff at the public hearing was, if the property is to be rezoned to m,o!ercial , they didn't think the structure should be remodeled and used as a commercial ' building. Mayor Nco f`li. if U/o Council is inclined to reconsider the denial of the rezoning, they should pmbably have all tho material presented to them again. ( � i.l..J REGULAR MEETING OF APRIL 20, 1981 PAGE 8 Councilman Schneider stated his thought is that he is not inclined to approve a rezoning, unless there is a stipulation that the present structure be removed. Mr. 6urandt stated it is not economically feasible and the best use now would be to reomdel it and use it as a commercial use. Mr. Qureshi, City Manager, stated staff feels if there is any property where there is a commercial use intended, it should have a commercial structure on it. He stated if there is a need for the office building and Council feels it should be rezoned from R-3 to CR-1, then there should be an office structure built for that purpose. Mr. 6urandt stated he would like to talk with staff regarding the possibility of remodeling the structure. He stated at this time, it isn't economically feasible to tear it down, and he bou(,ht it with the intent of remodeling it because as it is now, it is an eyesore. MOTION by Councilman Schneider to reconsider the denial of rezoning request #80-•02 as filed by Ted (3urandt and place it on the agenda for the Next regular meeting, r-rith submission of all the background information on this rezoning request. Seconded by Councilwoman Moses. Councilman Schneider stated when this does come up for a vote in order to support the rezoning, he would want to see the structure de!lrolished and a commercial building constructed. Mr. 6urandt was asked his address which he gave as 6211 Riverview Terrace. Mr. Qureshi asked if persons in the neighborhood should be renotified and Council felt they should be notified this would be on the Council's agenda for consideration. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried'unanimously. NEIN BUSINESS: RECEIVING THE MINUTES OF THE PLANNING COMMISSION MINUTES OF APRIL 8, 1981: MOTION by Councilman Schneider to receive the minutes of the Planning Commission Meeting of April 8, 1981. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING.THE MINUTES OF 111E CHARTER CO MISSION MEETING OF MARCH 3, 1981: MOTION by Counciliaan Fitzpatrick to-receive the minutes of the Charter Commission Meeting of March 3, 1931. Seconded by Councilwoman Moses. Councilman Schneider stated there was a motion in these minutes regarding the redrawing of ward born !.aries 30 days after the official census figures. He pointed out the opinion received from the City Attorney did not coincide with this tnmePeriod and staff was requested to forward this memo from the City Attorney to the Charter Commission. UPON A VOICE: VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unaninlousl�A!. !RECEIVING PETITION " 1_1981 FROM POLK STREET AND LYNDE DRIVE RESIDENTS: 1,101ION by Councilman Bornette to receive the petition. Second^d by Councilman Schneider. Upon a voice vote, all voting aye, Mayor.Hee declared the motion carried unanimously. J- 00 INA I..t Q 0 iA - P AA 2VAs r "1 51= RSA 19 IVA p R IMIW�'i '' / -.24 '_ .�P �^•'! l �N0 rS f,�v n� � [,^n J �,y., 1� t A b i f•Nfg1 :A J ��'�'� ! Kp p l�cs ^ � v r� " oa`� '� y C '�';:•• ', q � o �4K a '. °=� ^ °sN 'ie+ :w ! ^�, p � r �'•iY%+ r, n ,.rp %� a+ ��N u ., .'. P� f� p fel ra O' o. �f� u1 •. �• to i 1- D�■ � !`A� �' � ��� ' � 91 � ��N M �r6� � � �t./ of ��� u �AIk �>roQ + i► ' r 'J 9 ,/ ✓AQ 6r 1• Sf l N a i art •-'.. cn o. o fi 0 te. '`., .` li g Q �.vl `•` g o g�• 72 1 ^j ^1'L P �M�.w� �o _ ^ •N� 71SF i�1 a itM� n �r 10� nl G�G�r4A �[ "d14 uri t�A ~N N �• c - A^ Ol A Mr P r •i 6 Winn, 1 V g~ i OO 6, (�O No �0�.+• r pVh x b ^ 37-a ^ h k r R ^O 7 Yl ^r O A A N N /�m H+ Q 7^P A 20 cn 0100 g } � wIL n ^ �i ^I �n Q K A ...�I •hN �.. / / r -'� ' .+ PA r .O�N N7�•y Myy •O� t E0 c LArA � �M f1{ �� � �Q 1� a� � � � da» p�ryT��+ /�t�� •i� �'� �y wp T K�«�' r.O lA V N • ,� ^ o R 9 O �' .y ? A Z .n •t n , ~ n r r : N O �v p 11 C.,�B ^ � �^ •j r oIC 05 ova r, 14 Ila S O NQy p I s 06 f� p 11 a o R ' 1 a E � r ATTACHMENT T-1 PUBLIC HEARING P•1f.E'rING OF APRIL 13, 1961 PAGE 5 � � � � � W 175 CENTRAL AVENUE PU�ILIC HFARIPIG ON .FINAL PLAT, X81=02 _111ATHER HILLS_EST, 6___ e T11014AS BRI CI:iiER: — P•i0TI0N by Councilman Schneider 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, P1ayor Nee declared the motion carried unanimously and the public hearing opened at 6:30 p. m. Mr. Flora, Public Works Director, stated the area in question is just east of Central Avenue end south of Rice Creek Road. He stated Mr. Brickner has obtained Cent „ church and is Addition from the purchase a ortion of Ptoor� Lake Addit n an option to p interested in developing it as R-1. Mr. Flora stated this area was previously discussed when the Council approved a lot split several weeks ago above this existing property. Mr. Flora stated staff is working with Mr. Brickner for development of this parcel, and his interest is in preserving the beauty of the area and custom designing each particular hone to fit the lots. Mr. Flora stated a road will be constructed with two cul-de-sacs and a ponding area to serve as water retention for this area. He pointed out, in conjunction with the Redevelopment Plan, they are looking at possibly takinc this parcel and and possibly exi�endin it to Rice with Ben More'Dry ve a y 9 connecting it in the future v P Creek Road. He Y stated currently, Mr. Brickner hasn't been able to purchase the property for the continuation of Ben More Drive. Mr. Flora stated, in order to provide sanitary server and water service to this area, the proposal is to connect Ben More ;into this area rather than providing the services from Central Avenue. Councilman Schneider asked how he would develop those lots, if he can't extend Ben More Drive. Mr. Flora'stated the lots could be served off of Central Avenue for only a short period of time and in conjunction with the Redevelopment Plan, the Housing and Redevelopment Authority may be able to acquire it. Mr. Qureshi, City Manager, stated there is a plan the Council reviewed and approved r:hen they developed the whole area east of Central to serve, basically, the total properties and to provide access. lie stated this plat would not be meting the standards because of the plat ordinance requirement regarding the cul-de-sac lenoth not to exceed 600 feet. He stated, originally, when the plat of Kerry Lane was approved, there were temporary easements acquired and a plan to provide access to this area. He pointed out this plat would be improper unless another access is provided. Councilwoman Ptoses asked if it was part of the Housing and Redevelopment Authority's plan that the lots would be divided and the streets constructed. Mr. Qureshi felt this was one way it could potentially he divided, if there was a n the art of the property owners, and t„i;�i.ty-Felt this was the vray to proceed. consensus o p P P Councilman Schneider asked thelength front Central Avenue to the tip of the cul-de-sac. A gentleman in the audience stated it was 654 feet. Councilman Schneider stated they are 54 feet off from the ordinance requirement. He further stated he has a problem with this 600 foot cul-de-sac requrrcorent and pointed out there is double access into Bert More Drive. Councilman Schneider stated, if it is the feeling of the residents on Ben More Drive not to carry the street through, he doesn't see a pressing need for it:: Mr. Lyle Carpenter, 6253 Den More Drive, stated, in talking with most of the property owners on reement they would not like to see Ben More Drive, they are in agBen More extended. He stated they would like to see it remain as it is unless it is absolutely necessary. He stated Kerry Lane is narrad and there may be. a problem getting in he lots to the west of Ben More Drive drop down e ui ment however, t , fire fighting I? , very quickly an might pose the same problem. Councilman Schneider asked if Ben More Drive isn't extended, what kind of problems would it create for this plat. Mr. Flora stated t;he primary concern would be the e that would � 1 and anything els t sanitary sewer and nater systems to support this i lit y g t' Ben More Drive it would provide an with extension o , i stated r t be developed. He , easy way for extension of these utilities. He pointed out they can get sewer and crater services form Central Avenue, but it wouldn't be as good a system as what could be provided by the extension of Ben More Drive. Mr. Brickner, the petitione=r, stated they are looking at 11 lots with single I family ho.ne, and indicated he would not he totally opposed to the extension F of Ben More Drive 'in the future. He felt the primary access would probably be the entrance off Central and since Kerry is such a steep hill , the extension of Ben P•lore Drive would probably be used much more. r N ATTACHMENT T-2 < � r PUBLIC HEARING MEETING OF Ai'RIL13, 1981 PAGE 6 Mr. Wayne Welch, 6115 Woody Lane, pointed out the 600 foot requirement for cul-de-sacs so the plat couldn't be approved because of this requirement. He stated he had concerns about the open acreage behind his home, which gets smaller and smaller, however, he has heard some favorable comments on Mi.% •Orickner's developments. Mr. Qureshi felt there should be some plans or direction to proceed to provide looping for the water lines. Councilman Schneider stated, until Mr. Brickner can acquire property, it is difficult to say where they would go. tie pointed out if the people directly to the north don't want to sell, it would make a difference. Mr. Qureshi stated he felt it is a prudent approach to have double access to a neighborhood., No other persons in the audience spoke regarding this proposed plat. MOTION by Councilman Schneider to close the public hearing. Seconded by Corincilman Barnette. Upon a voice vote, all voting Y ,a eMayor Nee declared Y the motion carried unanimously and the public hearing closed at 8:55 p. m. ISI . t ZI' PUBLIC HEARING ON REZOtIING REQUEST, -LOA #81-01 ; TO REZONE CERTAIN LOTS FROM Uil C-2 to t1-1,8000 IVERS1fY AVENUE, RICE CREEK ASSOCIATES: AN D CONSIDERATION OF REAPPROV_AL OF PS #80-01, UNIVERSITY INDUSTRIAL PARK PLAT �13LED X4/6/81 -- MOTION by Councilwoman Moses 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 8:57 p. in. Mr. Flora, Public !forks Director, stated the area in question is between 79th and 81st just crest of University Avenue, He stated the items before the Council for consideration are a plat, a rezoning, and a variance on the setback requirement. Mr. Flora stated this plat originally came before the Council about a year ago, but since it was not recorded in 180 days, it requires resubmission to the Council. He stated the Planning Commission did review the plat, in conjunction with the rezoning, and identified a number of items that tied the two together. Mr. Flora stated the primary concern was the drainage. He stated, to date, staff has not received a drainage plan for this particular plat, however, Mr. Harris has provided them with a letter which, in paragraph 1, establishes certain criteria which they feel would handle the drainage question for this particular plat, if it is recorded and documented so all future owners would know what would be required for them to handle the water. Mr. Flora stated another thing to be addressed was the landscaping and final approval of the rezoning. He stated the plat has M-1 zoning and C-2 zoning and Mr. Harris has a buyer for a portion of the property and is requesting rezoning from C-2 to 14-1 of lots 1, 9, and 10. He stated they are further requesting a variance of the front yard setback from the required 100 feet to 35 feet because this 14-1 property is across the street from residential. Mr. Flora stated the development is for Lots 1, 2, 3, 9, and 10 for construction of a building and the green area, as shown.on the map, would es��,itially detain the crater to include some water in the parking area, with some going to the property to the south, lie stated this particular development supports Mr. Harris' reasoning to develop a plat where each parcel would have to address itself independently for water detention. ,e l Z rn A N ^ {�► A u is N a r 5 '' r' 1 v11'A I U M 1 A O n �!•ry r r «•1 A .-• <' a'° yrs±. o, zco:c..ra.•;� w u,r.? ^a•rs n s.p �y1v o rs .�.� 1� E j %;;!*ICIA r+� � 'MNT-w�� � � {ee� Op f�.r Tz �w �O�`.pC ,� ^ y�Y ��_ prw�•� O� N.O A fn xI�NO� w(y�1C 7+GJ t3O4 = ci H ,'p CO��:� wpT�'�"Y�.'J rO (war O~ .^f1 I•i �A . r'£'K ,�,y. 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Y YS f• p fa•N =r■ $ < • `/ S + /' q 1�fY'1 m U n r f ~ w •, D • Nn I'� A:7 w IV "O 'J [71 ~ n ry I'• we;f•Q � tlt; f•f• �yN�f• �N N[ S g C O w ro fob , yA, „ • o~L'� Rr + pn � ri woo g .•� Ib 0 � w � 1 1� _ 1 ....... .......at♦ ..wh-.r++-w.-.w-..v.e'ffn.�r...+1.•ew..+.rw.+.nTw•+.+ura.nw:1�.r...,�...w ,......•..+r.�....•,w. �'..,.r.-.w..nTTw..pF.r..-..•p..ni..�....f.....,,y,,..,w,.r�.•.. •P.M....n'.n ..�.Y,-� ... .. THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 10, 1981 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 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 Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette • MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilwoman Moses to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: 'PUBLIC HEARING ON WATER AND SANITARY SEWER PROJECT NO. 134, HEATHER HILLS WEST: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:36 p, m. Mr. Flora, Public Works Director, stated the Heather Hills West plat is located east of Moore Lake, off Old Central Avenue, and consists of construction of two streets, Heather Place and Heather Circle. Mr. Flora stated the developer, Mr. Brickner, has petitioned for sanitary sewer, water and storm sewer to be installed this year, with the street and concrete ' curb and gutter to be installed next year. He stated the lot located on the north side of Heather Place is being charged only for the share of the cost which is of benefit to that property and if this lot is later platted or divided, there would be additional costs involved in extending the water and sewer lines. Mr. Flora stated the costs affecting the Heather Hills West plat are being divided equally between the 11 lots in the plat. He stated this is a self-sustained development and the only requirement the City would like is to loop the water system to some other line instead of just internally. He stated the original plan was for Ben More Drive to be extended all the way down to Central Avenue and be connected to Heather Place, however, there was discussion on the practicality doing it at this time. E Councilman Schneider asked if Ben More Drive would be extended at some future i date, the improvements put in this year would have to be changed. Mr. Flora stated it would not because when this particular water system is installed, it should lend itself to at least four other methods of providing a viable system in this area. Councilwoman Moses asked what the assessment would be to the property north of the plat which is owned by Mr. and Mrs. Skinner. Mr. Flora stated the cost for the sanitary sewer, storm sewer and water would be about $18,835. Mr. Skinner stated there has been some discussion between himself and Jerry Boardman, City Planner, as to possibilities for development of his property. PUBLIC HEARING MEETING OF AUGUST 10, 1981 PAGE 2 He stated, however, at this point, he is totally opposed to the assessment of his property without knowing where he stands or what is eventually going to develop as far as his property is concerned. He stated he was not concerned with the Heather Hills development, as long as he doesn't have to pay for any portion of it. Mr. Skinner stated to go along with any approval for his property to be assessed any amount of the costs whatsoever for sewer and water connections going into the Heather Hills development, he is totally opposed to it. He stated he understood the Heather Hills development was to be self-sufficient and was to bear its total cost and he has been in total agreement with that because it doesn't affect him. Mr. Skinner stated, frankly, he doesn't need a street by his property, but is not opposed to the street being constructed..And_ the development of Heather Hills, as long as he doesn't have to make a pre-mature decision on paying part of the cost of those improvements Mr. Skinner stated he has had some discussions with Jerry Boardman and one option discussed was the street would be constructed, as proposed, but with no cost to him. He stated he didn't feel at this time that anyone really had a clear cut answer as to what will actually happen if his property were to develop. He stated there was discussion of crossing the back of his property and joining Ben More Drive, however, people on Ben More might not want the street to be extended. He stated there was also discussion for the street to be extended. He stated there was also discussion for the street to cross his property and join Rice Creek. He stated, at this time, there seems to be so many things for which they have no answers. Councilwoman Moses stated right now, the Council doesn't have all the answers, but questioned if Mr. Skinner wouldn't have some buildable lots, regardless of what was eventually decided upon on the street design. I Mr. Flora stated he felt there would be anywhere from four to six lots Mr. Skinner could plat on his property. Councilwoman Moses pointed out that this proposed assessment of $18,835 could be spread across these lots, if Mr. Skinner were to plat them. Councilman Schneider questioned how this is handled where it is necessary to put in sewer and water and half of the persons are in favor and the other half opposed. Mr. Herrick, City Attorney, stated the decision on how property is platted and, more particularly, the street pattern, is a decision that should be made by the Council and not the individual land owners. He stated that is something the Council , with the advice of the administration, will have to make a decision regarding the street pattern. Mr. Herrick stated, as far as the assessments, the cost of the assessment cannot be greater than the benefits to the property and all properties have to be assessed equally. Mr. Herrick felt, in this case, there are two options. One would be that the street is constructed so it is not adjacent to Mr. Skinner's property, if the Council decides they will not assess his property, and another option would be a deferred assessment. r Councilman Schneider asked Mr. Skinner if he would be in favor of a deferred I` assessment. PUBLIC HEARING MEETING OF AUGUST 10, 1981 PAGE 2 He stated, however, at this point, he is totally opposed to the assessment of his property without knowing where he stands or what is eventually going to develop as far as his property is concerned. He stated he was not concerned with the Heather Hills development, as long as he doesn't have to pay for any portion of it. Mr. Skinner stated to go along with any approval for his property to be assessed any amount of the costs whatsoever for sewer and water connections' going into the Heather Hills development, he is totally opposed to it. He stated he understood the Heather Hills development was to be self-sufficient and was to bear its total cost and he has been in total agreement with that because it doesn't affect him. Mr. Skinner stated, frankly, he doesn't need a street by his property, but is not opposed to the street being constructed And- the development of Heather Hills, as long as he doesn't have to make a pre-mature decision on paying part of the cost of those improvements Mr. Skinner stated he has had some discussions with Jerry Boardman and one option discussed was the street would be constructed, as proposed, but with no cost to him. He stated he didn't feel at this time that anyone really had a clear cut answer as to what will actually happen if his property were to develop. He stated there was discussion of crossing the back of his property and joining Ben More Drive, however, people on Ben More might not want the street to be extended. He stated there was also discussion for the street to be extended. He stated there was also discussion for the street to cross his property and join Rice Creek. He stated, at this time, there seems to be so many things for which they have no answers. Councilwoman Moses stated right now, the Council doesn't have all the answers, but questioned if Mr. Skinner wouldn't have some buildable lots, regardless of what was eventually decided upon on the street design. Mr. Flora stated he felt there would be anywhere from four to six lots Mr. Skinner could plat on his property. Councilwoman Moses pointed out that this proposed assessment of $18,835 could be spread across these lots, if Mr. Skinner were to plat them. Cduncilman Schneider questioned how this is handled where it is necessary to put in sewer and water and half of the persons are in favor and the other half opposed. Mr. Herrick, City Attorney, stated the decision on how property is platted and, more particularly, the street pattern, is a decision that should be made by the Council and not the individual land owners. He stated that is something the Council , with the advice of the administration, will have to make a decision regarding the street pattern. Mr. Herrick stated. as far as the assessments, the cost of the assessment cannot be greater than the benefits to the property and all properties have to be assessed equally. Mr. Herrick felt, in this case, there are two options. One would be that the street is constructed so it is not adjacent to Mr. Skinner's property, if the Council decides they will not assess his property, and another option would be a deferred assessment. Councilman Schneider asked Mr. Skinner if he would be in favor of a deferred assessment. 1 'i4 THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 10, 1981 The Public Hearing Meeting of the Fridley City Council was called to order at 7:35 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 Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette MEMBERS ABSENT: None ADOPTION OF AGENDA: MOTION by Councilwoman Moses to adopt the agenda as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON WATER AND SANITARY SEWER PROJECT NO. 134, HEATHER HILLS WEST: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:36 p. m. Mr. Flora, Public Works Director, stated the Heather Hills West plat is located east of Moore Lake, off Old Central Avenue, and consists of construction of two streets, Heather Place and Heather Circle. Mr. Flora stated the developer, Mr. Brickner, has petitioned for sanitary sewer, water and storm sewer to be installed this year, with the street and concrete curb and gutter to be installed next year. He stated the lot located on the north side of Heather Place is being charged only for the share of the cost which is of benefit to that property and if this lot is later platted or divided, there would be additional costs involved in extending the water and sewer lines. Mr. Flora stated the costs affecting the Heather Hills West plat are being divided equally between the 11 lots in the plat. He stated this is a self-sustained development and the only requirement the City would like is to loop the water system to some other line instead of just internally. He stated the original plan was for Ben More Drive to be extended all the way down to Central Avenue and be connected to Heather Place, however, there was discussion on the practicality doing it at this time. Councilman Schneider asked if Ben More Drive would be extended at some future date, the improvements put in this year would have to be changed. Mr. Flora stated it would not because when this particular water system is installed, it should lend itself to at least four other methods of providing a viable system in this area. Councilwoman Moses asked what the assessment would be to the property north of the plat which is owned by Mr. and Mrs. Skinner. Mr. Flora stated the cost for the sanitary sewer, storm sewer and water would be about $18,835. Mr. Skinner stated there has been some discussion between himself and Jerry Boardman, City Planner, as to possibilities for development of his property. j - PUBLIC HEARING MEETING OF AUGUST 10, 1981 PAGE 3 l Mr. Skinner felt a deferred assessment would be more intriguing to him. He stated he has an interest in developing his property, but the only thing is the time problem of not knowing exactly what is going to develop, in which direction, and how it will affect his property in the future. He stated he would certainly feel more comfortable with a deferred assessment, and the time frame would be such where he would be pursuing some plans of his own and what options would be open. Mr. Qureshi, City Manager, stated the burden on the City is only to prove that the assessment on any property is equal to the benefit to that property. He stated there is no question in his mind that the property would appreciate more than the amount assessed against Mr. Skinner's property. Mr. Qureshi stated he also wanted to make sure Mr. Brickner understands what amounts they are estimating against the property he wishes to develop. He pointed out Mr. Brickner has given all the right-of-way for the street and the cost for sewer and water will be over $9,000 per lot plus the assessment for the street improvement. He felt, when all the improvements are completed, the cost would be between $12,000-$13,000 per lot. He asked Mr. Brickner if he felt it was a reasonable assessment and if he could absorb these costs in the development. Mr. Brickner, stated the preliminary estimates are a bit higher than he had anticipated, and pointed out it is a difficult piece of land to develop, therefore, there would be only 11 lots in the plat. He stated, however, he knew from the start the cost for development would be higher for this piece of property. Mr. Brickner stated the lots would be larger than average and compared them to the Innsbruck Area where the cost for lots are quite high. Mr. Qureshi stated, as far as Mr. Skinner's property, his recommendation would be to assess the property on the normal basis, as he felt this situation is probably no different than any other properties in the City. Mr. Qureshi stated Mr. Brickner has given the full easement for the road and was surprised the assessment against Mr. Skinner's property was low compared with what Mr. Brickner would be assessed. Mr. Brickner stated he thinks this raises the point that each property must be assessed equally. He stated what they we now talking about is only estimates \ of the costs and the final calculations will be done at the time of the assessment hearing. Mr. Qureshi felt there was no opposition to the improvements, but the only question was how the costs should be allocated, and this could be resolved when they have the assessment hearing. Mr. Skinner stated he wanted the Council to be aware that four or six lots they say can be developed by this street being installed, two of these lots happen to be his front yard and if those lots were platted and structures erected, it would totally and completely cut off any view or access to Central Avenue. Mr. Skinner stated he can see Mr. Brickner's benefit because he is developing vacant property, but where his house and garage is located there is absolutely no benefit, but a detriment to pay for improvements because he doesn't have any reason to connect into them without destroying the utilities that are already there. Mayor Nee felt perhaps Mr. Brickner should move the street a foot and if this was done, the Council doesn't have the burden of determining the value of the property to the north. Mr. Brickner stated he would be willing to do this, however, he didn't know if it involved any problems in the future where Mr. Skinner would be landlocked. Mayor Nee stated it seems Mr. Brickner is getting a terrible burden for being the leader in development and he should be in a position to recover some of his investment. 217 PUBLIC HEARING MEETING OF AUGUST 10, 1981 PAGE 4 Mr. Qureshi stated he would suggest the Council close the hearing and the administration will come back with a recommendation they feel would be appropriate. MOTION by Councilman Schneider 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 8:30 p. m. 2 JPUBLIC HEARING ON VACATION REQUEST, SAV #81-02, PETITION NO. 3-1981, TO VACATE ALLEY EASEMENT, EAST SIDE OF EAST RIVER ROAD BETWEEN 61-1/2 AND 62ND WAY: MOTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:30 p. m. Mr. Flora, Public Works Director, stated the alley to be vacated is located between Ashton Avenue and East River Road and between 61-1/2 and 62nd Way. He stated the petition for the vacation was signed by 100% of the residents in the area, and it is requested the City waive the fee. Mr. Flora stated, if the vacation is allowed, it is suggested the City retain the utility and drainage easements. He further stated that Northwestern Bell and NSP have utility poles in this area. Mr. Richard Soj, 6101 East River Road, spoke in favor of this alley vacation. No other persons in the audience spoke regarding this proposed alley vacation. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:32 p. m. MOTION by Councilman Fitzpatrick to instruct staff, when this vacation comes before the Council , the fee be waived. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. :PUBLIC HEARING ON PROPOSED PROJECT FOR ISSUANCE OF $4,000,000 INDUSTRIAL DEVELOPMENT AVENUE BONDS TO WINFIELD DEVELOPMENTS INC. UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, MINNESOTA STATUTES, CHAPTER 474: MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:33 p. m. Mr. Inman, City Clerk, stated Winfield Developments have requested the issuance of a $4,000,000 industrial revenue bond for development in the Paco Industrial area. He stated representatives from Winfield are here this evening, along with their legal representatives, to answer any questions. Mr. Rod Taylor, representing Winfield Developments, stated they are applying for $4,000,000 in industrial revenue bonds for the construction of a multi-purpose development in the Paco Industrial plat. He stated approximately 250 new jobs will be established as a result of this development and there would be a potential for light manufacturing. Mr. Taylor stated the development would increase the City's tax base and the amount paid in yearly salaries would range from $6,000,000 to $8,000,000. It was stated by Winfield's representative from Miller-Schroeder that the City will enter into a loan agreement with Winfield Development and they would stand by the bonds under a letter of credit by a bank. FRE171L. LEY %i 6431 UNtVE RSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 March 19, 1981 CITY COUNCIL \� ACTION TAKENMlUT ICE f 'Thomas Brickner 6249 Ben M^ore Drive N.E. Fridley, Mn 55432 Dear Mr. Brickner: Oil the Fridley City Council officially approved your request for lot spin, L.S. #51-01 , the east 300' of Lot 19, A.S. #22 ith the stipulations listed below: 1 . Provide road easement for extension of Ben More Drive. 2. Provide a drainage and utility easement. 3. Sign agreement to pay street assessment. 4. Payment of the $500 Lot Split park fee. 5. That no building take place oil this property until the property is serviced directly by a public street. 6. No building permit shall be issued until all stipulations are met. 7. Owner will receive credit for Lot Split park fee when total plat fee is obtained. (Heather Hills West) If ,you have any questions regarding the above action, please call the Cormiunity Develop-Ment Office at 571•-3450. Since ely, L. uUARD IAN dl.D/dc /j City }Tanner PlvaIC 1'ev"100 no{ed stipul;tions, sign the staten;ent below, and rettn•n one copy to the City of Fri:lley. ATTACHMENT G 1981 POLICY STATEMENT ON PARK FEES ON LAND SUBDIVISION Date May 6, 1981 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 $1,000.00 per lot Residential lot' split $ 500.00 per lot Commercial/Industrial subdivision or lot splits $ 0.015 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 Platting 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 $ will be paid according to the above stated policy for the following subdivision/lot split. It is agreed that the following land dedication is provided according to the above stated policy for the following subdivision/lot split: Dedication: r Subdivision/lot split: _HaathPr Hills West Agrees to pay 11 .000.00 mgr Lot with each Building Permit in this Plat E i I 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 building permit. E SIGNATURE Property Owner 1/1 OG7A . Y 7L b s' � Y`Yyc ATTACHMENT X-1 "-4 . CITY OF FRIOLMY 6431 UNIVERSITY AVENUE GH. E. FRIDLEY MINNESOTA 55432 am, �� � s x f f h. E N O H P E L E � T ( 612)571-3450 May 13, 1981 CITY COUNCIL dl Nr 97 } � ACTION TAKEN NOTICE s -- — " q *y, Thomas Bri ckner 6249 Ben More Drive N.E.Fridley, Mn 55432 .t Al , On April 20, 1981 _ the Fridley City Council officially approved your request For ai�~Plat, Heather Hills !Jest P.S. #81-02 with the stipulations listTd beloej: 1 . The street names be removed from the plat, and the cul-de-sacs renamed in accordance with any requirements of the Police and Fire Departments and Post Office. 2. The east-west access coming off Central specifically not be named Ben More Drive, Ben More Circle or Ben More Court or any references to Ben More. 3. Agreement already signed that park fee be collected at time of building permit application. I.1 you have any questions regarding the above action, please call the Community Developme,it Office at 57/1-3450. Sincerely, PERR :. BOARDMAN JLB/de ity Planner Please revie:•, she Noted stipulations, sign the statement bela�,, and return one copy to the City of Fridley. Concur with action taken. RESOLUTION NO. 88 - 1981 A RESOLUTION ORDERING IMPROVEMENT, APPROVAL OF PLANS AND ORDERING ADVERTISEMENT FOR BIDS: WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 134 _ NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Fridley, Anoka County, Minnesota as follows: 1 . That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Waterm ains and Services, Sanitary Sewer Laterals and Services and Storm Sewer and Related Appurtenances located in the following areas: Heather Hills West Heather Place and Heather Circle That the work involved in said improvements as listed above shall hereafter be designated as: WATER AND SANITARY SEWER PROJECT NO. 134 2. The plans and specifications prepared by the Public Works Director for such improvements and each of them, pursuant to the Council Resolutions heretofore adopted, a copy of which plans and specifications are hereto attached and made a part hereof, are hereby approved and shall be filed with the City Clerk. The Public Works Director shall accordingly prepare and cause to be inserted in the official newspapaer advertisements for bids upon the making of such improvements under such approve plans and specifications. The advertisement shall be published for three (3) weeks (at least 21 days) , and shall specify the work to be done and will state that bids will be opened and considered at 11 :00 a.m. on the 9th day of September 1981 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 134 shall be substantially in form as that noted in Exhibit "A" attached hereto for reference and made a part hereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 17th DAY OF August 1981 . MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - SIDNEY C. INMAN 1237A Res. 88-1981 WATER, SANITARY SEWER AND STORK SEV10 PxcJNLT su. -134 E=hibit •A" NOTICE TO BIDDERS WATER AND SANITARY SEWER PROJECT NO. 134 t Sealed bids will be received and publicly opened by the City of Fridley, Anoka County, Minnesota, at the office of the Publie Works Director, 6431 University Avenue Northeast, Fridley, Minnesota 55432 (Tel. 571-3450) on the 9th day of September, 19819 at 11:00 a.ke. and !will be considered by the City Council of the City of Fridley at a regular Council Meeting at 7:30 p.m. on the 14th day of September, -1981, for the furnishing of work and materials for WATER AND SANITARY -SEWER PROJECT NO 134. Lump Sum Bid Clearing, Grubbing & Site Prep 1,120 Lin. Ft. 6" Ductile Iron Pipe for Water 780 Lin. Ft. 8" P.V.C. for Sanitary Sewer 160 Lin. Ft. 12" R.C.P. for Storm Sewer 1 ,300 Tons Aggregate Base Class V All in accordance with the plans and specifications prepared by John G. Flora, P.E. , Public Works Director, Fridley City Hall, 6431 University Avenue Northeast, Fridley, Minnesota 55432 (Tel. 571- 3450). Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the contractor ' s individual use by applying to the Public Works Director and depositing with the Public Works Director $25.00 for each set. The deposit will be refunded to each bidder submitting a bonafide bid upon return of the documents in good condition within ten ( 10) days from the bid opening date. Bids must be made on the basis of cash payment for work, and accompanied by a cash deposit, certified check (on a responsible bank in the State of Minnesota) or a bidder's bond and made payable without condition to the City of Fridley, Minnesota, in an amount of not less than 5% of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informalities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated the day of , 1981 . John G. Flora, P.E. PUBLIC WORKS DIRECTOR Published: Fridley Sun Construction Bulletin August 19, 1981 August 21 , 1981 August 26, 1981 August 28, 1981 September 21 1981 September 4, 1981 t I1C�1 NJ. 88 - 1981 A Reim ammm Iw%7VE mmT, APPRUm OF PLANS Am O maM AVVERTISEWU FOR BIDS: WoM, SANITARY SERI Alm Sly': SENM AM SRC�i!! Slit PRLa7ELT ISD. 134 NOW, THEREFORE, BE IT :RESOLVED, by the City Council of the City of Fridley, Anoka County, Minnesota as follows: 1. That the following improvements proposed by Council Resolutions are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: I Watermains and Services, Sanitary Sewer Laterals and Services and Storm Sewer and Related Appurtenances located in the following areas: + Heather Hills West Heather Place and Heather Circle That the work involved in said improvements as listed above shall hereafter be designated as: %%M AND SANITARY SEWER pFoiECT N0. 134 2. The plans and specifications prepared by the Public Works Director for such improvements and each of them, pursuant to the Council Resolutions heretofore adopted, a copy of , which plans and specifications are hereto attached and made'.; a part hereof, are hereby approved and shall be filed witli" the City Clerk. i The Public Works Director shall accordingly prepare and cause t0'.be inserted in the official newspaper advertisements for bids upon the making of such improvements under such approved plans and specifications. The W advertisement shall be published for three (3) weeks (at least 21 days) , and shall specify the work to be done and will state that bids will be;,, , opened and considered at 11:00 a.m. on the: 9th day of September 1981 in the Council Chambers of the City Hall, and that no bids will be considered unless sealed and filed with the Public Works Director, and accompanied by a cash deposit, bid bond, or certified check payable to the City for five percent (5%) of the amount of such bid. That the advertisement for bids for WATER, SANITARY SEWER AND STORM SEWER PROJECT NO. 134 shall be substantially in form as that noted in Exhibit "A" attached hereto for reference and made a part hereof. PASSED AND ADT By THE CITY (MOIL OF THE3 CITY OF FRIDLE:Y THIS 17TH DAY OF AM=, 1981. WII.LIAM J. N!� :.�. ATffiT• SIIY�Y C.-nam - CITY CISL2'EC 4- 1164 NO. 88 - 1981 'mi= All NOTICE TO BII7OOFtS SFR AM SARPnM S M PIMACT N). 134 Sealed bids received and publicly opened by the City of Fridley, Anoka County, Minnesota at the office of the Public Works Director, at 6431 University Avenue N.E., Fridley, Minnesota 55432, (Tel. 571-3450) 9th day of September, 1981, at 11:00 a.m., and will be considered by the City C ouncil of the City of Fridley at a regular Council Meeting at 7:30 p.m. on the 14th da of y September, 1981, for the furnishing of work and materials for M%TEEER, SANITARY SEWER PRD= NO. 134. Lump Sum Bid Clearing, Grubbing & Site Prep 11120 Lin. Ft. 6" Ductile Iron Pipe for Water 780 Lin. Ft. 8" P.V.C. for Sanitary Sewer 160 Lin. Ft. 12" R.C.P. for Storm Sewer 1,300 Tons Aggregate Base Class V All in accordance with the plans and specifications prepared by John G. Flora, P. E. Public Works Director, Fridley City Hall, 6431 University Avenue Northeast, Fridley, Minnesota 55432 (Tel. 571-3450) . Plans and specifications may be examined at the office of the Public Works Director and copies may be obtained for the contractor's individual use by applying to the Public Works Director and depositing with the Public Works Director $25.00 for each set. The deposit will be refunded to each bidder submitting a bonafide bid upon return of the documents in good condition within ten (10) days from the bid opening date. Bids must be made on the basis of cash pa�gent for work, and accompanied by a cash deposit , certified check (on a responsible bank in the State of Minnesota) or a bidder's bond and made payable without condition to the City of Fridley, Minnsota, in an amount of not less than 5% of the total amount of the bid. The City Council reserves the right to reject any and all bids and to waive any informatlities in any bids received without explanation. No bid may be withdrawn for a period of thirty (30) days. By order of the City Council of the City of Fridley, Minnesota. Dated the 17th day of August, 1981. John G. Flora, P.E. PUBLIC FIRS DIRBCTCR Published: Fridley Sum Construction Bulletin August 19, 1981 August 21, 1981 August 26, 1981 August 28, 1981 August 2, 1981 September 4, 1981