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PS89-01 SULLIVAN'S OVERLOOK CITY OF FRIDLEY REZONING REQUEST ZOA # _ 6431 UNIVERSITY AVE. N.E. 1B FRIDLEY, MN 55432 VACATION REQUEST SAV # (612)571-3450 PLATTING REQUEST P.S. REQUEST FEE PARK FEE RECEIPT # 3,Z D/- SCHEDULED PLANNING COMMISSION MEETING DATE 6/If/(5'7 SCHEDULED CITY COUNCIL METING DATE PROPERTY INFORMATION PROPERTY ADDRESS //G / ��46., 1 !5 Al. Z�-- LEGAL DESCRIPTION: LOT BLOCK TRACT/ADDITION PRESENT ZONING �' REQUESTED ZONING REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. ************************************************************************************ FEE OWNER INFORMATION 3q-7- 9-527 NAME (please print) 'DA I-J T. S V L L 1 vAN PHONE # S7/-Z29'fr- ADMESS //G/ oww,,EL AA A SIGNATURE r DATE C Note to Contract Pur Au PETITIONER INFORMATION NAME (please print) SAM PHONE # ADMESS SIGNATURE DATE ************************************************************************************ PLANNING COMt•1ISSION : APPROVED DENIED DATE CITY COUNCIL: APPRCIVED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 350 feet of said property for rezoning and platting and 200 feet for vacation. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Materials for submission of a rezoning, vacation or plat include: * Scaled plan showing proposed property and/or buildings if applicable. Three full size copies and legible 8 1/2" x 11" reduction. * Scaled preliminary (or final) landscape plan showing location of existing vegetation to be saved and locations of new plant materials . Sizes, species name (common or botanical) , and condition of root (i.e. bare, balled and burlapped, etc) . Three full size copies and legible 8 1/2" x 11" reduction. Scaled preliminary (or final) grading and drainage plan showing existing and proposed contours, detention/retention ponds, drainage swales, weirs, weir details, and run off quantities. Three full size copies and legible 8 1/2" x 11" reduction. * Floor plans, full size and 8/ 12" x 11" reduction. * Building elevations, full size and 8 1/2" x 11" reduction. * Perspective shwoing how the proposal potentially looks in the surrounding area, full size and 8 1/2" x 11" reduction. Form No. 30-M. mn—D-i.Cd..Mina.■ddB..Minn. Qdit C7•1n Do.d. Minnesota Uniform COU-7—ins BILdb(1931). C.,..ntbn to-X id-L 536538 10th da o September....•., Ig_79.•.., TbjS �InbentUre, areae this....................._.........................................._.... y f.............. ....... between...........Ciy.of.Fr rareey.............................................__ ....................................................................................................... municipal aveorporation under the laws o the State of.....M;LUmesQt&.............................................party of the forst part,and Daniel J.Aand .....r�!_Kathryn Sulliyaa...(husband...&._wife)...................................................... Sullivan..........................._......................................................................................................................................................... ..............................._.:..........._.._......... Minnesota Anoka .......................................and State of ..............................................., of the County o f .............................................._. ....................................... part..ies.......of the second-part, mitnegsetb. That the said part of the first art, in co ration of the sum of pp Haile _FjfteeR...h!Andred..dol.lars....($1.3500 00 .••_and• other.••yal_,ues••_recei_ved- ... L RS, to it in hand.paid bg the said parties of the second part, the receipt whey o f h second eherebyacknowledged, I does hereby Grant,Bargain,Quitclaim.,and Convey unto the said parties •• f heirs and assigns, Forever, all the tract....;.......or parcel............Of land lying and being to the County of JAnoka ............................................and State of Minnesota, described as follows,to-wit: All that part of Lot 9, Auditor's Subdivision No. 25., lying Northerly of the following described line. Commencing at the Northeast Corner of said Lot 9; thence South along the East line of Lot 9 a distance of 49.4 feet to the actual point of beginning. Thence deflect to the Right in a West-Northwesterly direction along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet West of the Northeast Corner of said Lot 9, and there terminating. STATE of ��::a• DEPT.OF �innesota �� TAr,. XON_ DEED P O STAMP MY 15'T9 _ TAX —P.D. STATEtA To 3babe anb to lbolb the frame, Together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said part...ies......Of the second part........their....................... heirs and assigns,Forever. 3n Tf8timony Mbereot, The said first party has caused these .n" Pname b its.................................... r ents to be executed in its corporatey i wki:and its......City...Manager..............and its corporate seal to ar, rr- U ', 4` ;r•.;; be hereunto affixed the day and year first above written. _ _.....CitY..._4f.Fridley ...... .�1: • .. ........... ........................... ...... y... William J. N Mayor In Presence of is � ........... .... ........ ._ _............_..._....�r•esi�^tt't /lit..".......................... .................................... Nasim M. Qureshi - City Ma ager Its............._........__. otatr oi ititunowtu, Coij7?!P of Anoka On.this 10th.................................day of....................September.....................................19 79...'before me,a -............A..Notary Public.................................................................within and for said County,personally appeared ...................William J....Nee.......................................................and.......................Nasim M....Qureshi............................................. to nzz personally kwz.,-77,who, being each,by me duly sworn..._.........................did so-11 th.cLrt yte ively �-Me U ,4.cXZ1,jre respech nic the_.NAYPr.................PrrRtdrrrt and the Uty Kanager.................................................of.V _P& Wam4d�*n tbf. foregoing im�frztnwnt,and that the seal affixed to said instrument is th'Apvp d"' Ical of sob,"n"ggry . A -. and that said instrument was signed and sealed 1?b behalf of said 04A�"W&7autho,lty of its R, ....City...Council....................................and said........................................................................................................................................and E�q-nicipaifty* acknowledged said instrument to be the,free act and deed of said .........................G.. ............. ... ........0.............. .......................1.1-............. THIS INSTRUMENT WAS DRAFTED BY rqf-y Of Fridle3e 'Votary Public........_...............................................................County,Minn. (Name 6431 TT ivprc;itv AVP_ MI. Fridle Mn. 55432 (Address) Afy oommiwldn expires............................................................. 19 CLYDE V. o:AV T Z NOTARY P,' C; ""rSITA ANOA COUNTY "`• MY Cemmi4siBl1 Ex:ires Dec.2�i 168g X LLJ IW- ) CL Z WIr U- LLJ - c Li 0 ZZ a) >: tE Co. P—t 1z Z! '2 4 J� E cm v U nt;t ;F E, 4.1 cd, S 7� t tj Q 1-4 :0 cs v) Pt AL f 5 0 1 80f 5 99 -3,-G G City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the COMMUNITY EDUCATION CEN- TER, 6085 — 7th STREET N.E. on Wednesday,May 17,1989 at 7:30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. s89-01, Sullivan's Overlook,being a replat of that part of Lot 8, Auditor's Subdivision No. 25,Anoka County,Minnesota,lying southeasterly of the following des- cribed line: Commencing at the Northeast corner of said Lot 8; thence westerly along the North line,255 feet; thence southwesterly 62 degree 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there ter- minating.Together with that part of Lot 9,Auditor's Subdivision No.Z5, Anoka County, Minnesota, lying northerly of the following described line: Commencing at The Northeast corner of said Lot 9; thence south along the East line of said Lot 9, a distance of 49.4 feet to the actual point of beginning;thence deflect to the right in a northwesterly direc- tion, along a line to its point of in- tersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and tehre terminating, generally located at 1161 Regis Lane N.E. Any and all person desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Any questions related to this item may be referred to the Fridley Com- munity Development Department, 571-3450. (Published in Fridley Focus May 3 &10,1989.) 1C PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a Public Hearing of the Fridley Planning Commission at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Wednesday, May 17, 1989 at 7 : 30 p.m. for the purpose of: Consideration of a Preliminary Plat, P.S. #89- 01, Sullivan's Overlook, being a replat of that part of Lot 8, Auditor' s Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8 ; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor' s Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9 ; thence south along the East line of said Lot 9 , a distance of 49 . 4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9 , said point being 335. 8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Publish: May 3 , 1989 May 10, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. ID Planning 4/24/89 P.S. #89-01 MAILING LIST Council 5/31/89 Dan Sullivan Dan Sullivan William Doege Howard Mosman 1161 Regis Lane N.E. 1323 Hillwind Road N.E. 5560 Regis Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 School District 13 Audubon Park Edward Callier 1400 - 49th Avenue Christian Church 5546 Regis Drive N.E. Columbia Heights, MN 55421 1280 Regis Lane N.E. Fridley, MN 55432 Fridley, MN 55432 Ok Kim Douglas Berends 1291 Hillwind Road N.E. Mark Patnode 5530 Regis Drive N.E. Fridley, MN 55432 1204 Regis Terrace N.E. Fridley, MN 55432 Fridley, MN 55432 Robert Vanusek George Emerson 1450 McLeod N.E. Kevin O'Rourke 5516 Regis Drive N.E. Minneapolis, MN 55421 5551 Regis Drive N.E. Fridley, MN 55432 Fridley, MN 55432 David Thibault James Iacono 1160 Regis Lane N.E. Richard Musenbrock 1183 Regis Lane N.E. Fridley, MN 55432 5541 Regis Drive N.E. Fridley, MN 55432 Fridley, MN 55432 Rita Praulins Planning Commission Chair 1180 Regis Lane N.E. John Walther Fridley, MN 55432 5521 Regis Drive N.E. City Council Members Fridley, MN 55432 Alvars Stumbris 1200 Regis Lane N.E. Dorothy Jones Fridley, MN 55432 5501 Regis Drive N.E. Fridley, MN 55432 Gerald Herlofsky 1365 Hillwind Road N.E. Malcolm Mitchell Fridley, MN 55432 1225 Regis Lane N.E. Fridley, MN 55432 Donald Stiller 1355 Hillwind Road N.E. Clarence Asche Fridley, MN 55432 5520 Regis Trail N.E. Fridley, MN 55432 Joseph Kruse 1343 Hillwind Road N.E. Grant Christianson Fridley, MN 55432 5540 Regis Trail N.E. Fridley, MN 55432 Gary Parker 1333 Hillwind Road N.E. Michael Marx Fridley, MN 55432 5550 Regis Trail N.E. Fridley, MN 55432 Richard Rodgers 1301 Hillwind Road N.E. Frederick Baumgardner Fridley, MN 55432 5590 Regis Drive N.E. Fridley, MN 55432 Charles Sheridan 1313 Hillwind Road N.E. Ronald Nelson Fridley, MN 55432 5576 Regis Drive N.E. Fridley, MN 55432 William Vian 1140 Regis Lane N.E. Fridley, MN 55432 rA CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(61.2) 571-3450 May 24 , 1989 Dan Sullivan 1161 Regis Lane N.E. Fridley, MN 55432 Dear Mr. Sullivan: The Planning Commission recommended approval of your preliminary plat request at the May 17 , 1989 meeting . At the June 5 , 1989 City Council meeting, the City Council will establish June 19 , 1989 as the public hearing date for the final plat . It will not be necessary for you to attend the June 5 , 1989 meeting, but you are welcome to do so if you desire . Please notify your surveyor to prepare the final plat and forward three paper copies and a reduced 8 1/2" x 11" copy of the plat to my attention by June 9 , 1989 . After the June 19 , 1989 public hearing on the plat, your surveyor should then forward the final plat to Anoka County for their review. Once Anoka County has reviewed the plat and agreed with its content and form, then you should notify me so that the resolution authorizing the signature of the plat can be approved by the City Council . City Council policy is to have the mylars of the final plat signed prior to their passage of the resolution authorizing the mayor and city manager to sign the plat. Should you have any questions regarding the above, please feel free to contact me. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-89-306 CITY OF FWDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612) 571-3450 July 5, 1989 Dan Sullivan 1161 Regis Lane N.E. Fridley, MN 55421 Dear Mr. Sullivan: We have been in contact with Anoka County concerning your plat, Sullivan's Overlook. The County has been in contact with your survey company regarding several problems on the final plat. We have pulled your item from the City Council agenda of July 10, 1989 due to the shortness of time available to make any corrections to the final plat. Your item will be placed on the City Council agenda of July 24 , 1989 pending the completion of any corrections required by Anoka County to the final plat. If you have any questions or concerns regarding this matter, please call me at 572-3593. Sincerely, Michele A. McPherson, B.L.A. Planning Assistant MAM/dn C-89-423 rim 7w PLANNING DIVISION MEMORANDUM cITYOF FRIDLEY DATE: July 12 , 1989 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Planning Coordinator SUBJECT: Sullivan's Overlook Plat, Regis Lane N.E. The City Council conducted a public hearing at the June 19, 1989 meeting for the plat of Sullivan's Overlook. This plat replats portions of Lots 8 and 9, Auditor's Subdivision No. 25 abutting the north side of Regis Lane N.E. (see attached location map) . In processing the plat through the Surveyor's and the Registrar's office at Anoka County, they have determined that the plat cannot be recorded until the following issues are resolved: 1. The City apparently bought the east 800 feet of Lot 9, Auditor's Subdivision No. 25 from Virginia A. O'Donnell and Warren J. O'Donnell, husband and wife, on August 18, 1964 . Prior to August 18, 1964, Max W. Sullivan also owned the property. Attached is a copy of the deed and an indenture between the state of Maxwell Sullivan and Virginia O'Donnell. Apparently, Virginia O'Donnell may have inherited the property from Max Sullivan. 2 . A letter from Wyman Smith of Hall, Smith, Hedlund, Juster, Forsberg and Merlin dated October 5, 1964 states that a portion of the subject property is registered as torrens property under Certificate No. 20538. At that time, it appeared that Mr. Smith was requesting documentation in order to petition the court to have the City registered as the owner on the certificate of title. According to Sue Ann at the Recorder's office, that procedure did not take place. 3 . On September 10, 1979 the City conveyed a portion of Lot 9 to Dan and Mary Sullivan, the current owners of the property, who wish to replat this area and adjacent area into two lots in the Sullivan Overlook plat. Sue Ann from Anoka County did advise that a certified copy of the deed from O'Donnell can be refiled in torrens if it is "a good document" . She also advised that the City would have to reconvey the property to Dan and Mary Sullivan. Virgil Herrick July 12, 1989 Page 2 Please review these documents and advise me as to what procedure needs to take place so that Sullivan's Overlook can be recorded. Also, please estimate how long it would take to complete the process. BD/dn M-89-396 s Trams G COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION P.S. #89-01 0- YOF 20 4/ 14/89 5/ 17/89 Sullivans Overlook, 1 16 1 Regis Ln NE FRIDLEY COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. 1!L ARB D. Q COMMENTS MICHELE M. acc •t�`I MARK I Dt)E 70 1/&�TX- -t- C�2✓t' 4 s.✓ ryc s�cTtarON P JOHN F. DARREL C. 'CLYDE M. 5- ON M. s-z JIM H. p BOB A. i CIBC- FOR ( NAME OF AT ) DATE LEGEND OF SECTION T R CHECKED BY ✓ -ITEM CORRECT POLITICAL SUED. X -ITEM INCORRECT —-ITEM NOT CHECKED SURVEY COMPANY 1. L- Closure 2. L An les and/or bearings 3. Individual curve data 4. Overall curve deltas & overall curve lengths 5. Overall boundary dimensions 6. Lot dimensions 7. Overall lot dimensions 8. Lot and block numbers, exceptions, outlots & parks 9. Street name or numbers Fed. , State, Co. , Local 10. Highway Alignment St. , Co. 11. Street Widths 12. Adjacent and underlying area Platted only) 13. Compare with adjoining areas om are with section resurvey 15. Ties to subdivision lines and corners 16. Designation of outside boundaries (notes) 17. Easements-compare with dedication and designation 18. Title-same as dedication and duplication 19. IDedication - Streets, Avenues, Lanes, Ways, Highways, Parks, etc. 20. Description - compare with plat and record 21. State or County Highway Department 22. Signatures, notaries, and acknowledgements 23. Monuments - property found, set, and designated 24. Scale and North arrow & bearing data 25. Compare with half-section plat 26. JCheck plat for scale 27. Wet lands, water elevation, bench marks 28. Plat checking fee No. lots No. outlots 29. Survey line Miscellaneous MT— Watershed district / Water Management Organization 2. Abstract / / Torrens / / No. Remarks on items incorrect PLAT ACCEPTABLE TO ME WHEN THE ABOVE ITEMS, IF ANY, HAVE BEEN CORRECTED. BY ANOKA COUNTY SURVEYORS OFFICE S U loom L I VA N ' S OVERLOOK 40° �NO Ct TIA L\NM, 1-O-V I y,.0.No.2.5.01 y C 1 d �HOR11'! Ll NG ,LOT 6,AUD. Suib.1.►O.T c ` 255.00 14 w N jQI _ o10 woti F3 -SII 1y - IJ ._65.40 ` r r_ �� _t_ r r i r �� N 80o448)2yZ.89 7 V• i�� 9Bc.t'I,S.3o�R.21 \ J 9'f,Z PNOKA coaN'�Y M°NUNN.HT , NOI[TNEvWX 6YrBNyIDµ of•fN(s }\ l%Re O�: TH,c r-owmER LOT 3,Allit, No.4K ,� NE [OR.,ER rG'S"E T-op♦+6R yp� 59'9°Iii'o6a - - -- 14fe%.6(o---- ,•- ••� r 0 41 f �S 2 4 a t lo 13 Z mz L v Li (Ij 7L'Lt% La ' b 0 0 T j id hr ;o -In lj t 00 A U ED :2 OP pod lu LO P.S. #89-01 Sullivan's Overlook 7 rg w I1l� �n.:.�G3C••.. �c:i r:�= �';T:l: �!•'yl!•:sr.✓.�:�: I n��r� • OT 1A' i• �.i '' 1 e y I i,I �' x I ll�l':J L L 6 I� oz i r , _.s O r .I .• c a _ �> a1s` I i CO •g �, r � � .� .. ;azo` r a � v . r C l7 I V Ld _. s cr W t I i �r SITE PLAN f. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 17, 1989 CALL TO ORDER: Chairperson Betzold called the May 17, 1989, Planning Commsion meeting to order at 7: 30 p.m. ROLL CALL: Members Present: Donald Betzold, Dave Kondrick, can Saba, Sue Sherek, Alex Barna, Paul ahlberg Members Absent: None Others Present: Barbara Dacy, Planni Coordinator Michele McPherson, anning Assistant Dan Sullivan, 116 Regis Lane Pam Hengel, 593 - 6th Street N.E. Keith Poppenh gen, Keith's Auto Body Mike Thomps , 10501 Fillmore St. N.E. R. W. Par nson, Phillips 66 L. E. ker, Phillips 66 Arlin llison, Phillips 66 Jim ilippi, North Star Eng. - Phillips 66 ( e attached list) APPROVAL OF 3 1989 PLANNING COMMISSION MINUTES: MOTION b Mr. Kondrick, seconded by Mr. Saba, to approve the May 3 , 198 , Planning Commission minutes as written. IIP A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE TION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING• CONSIDERATION OF A PRELIMINARY PLAT, P.S. #89-01, SULLIVAN'S OVERLOOK: Being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8 ; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9; thence south along the East PLANNING COMMISSION MEETING, MAY 17 . 1989 - PAGE 2 line of said Lot 9, a distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. MOTION by Mr. Kondrick, seconded by Mr. Dahlberg, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the property is zoned R-1, Residential Dwelling District. The petitioner is proposing to plat and split part of Lots 8 and 9 to create two lots. A house and fenced pool exist on Lot 1 of the proposed plat, and his daughter plans to build a house on Lot 2 of the proposed plat. Ms. McPherson stated there is a ravine with mature oak trees in the northeast corner of Lot 2 . The neighbor to the northeast is concerned that there be little alteration of that ravine in the construction process, so one of the stipulations for the preliminary plat limits construction to above the 952 foot contour. She stated Regis Lane curves up to the intersection of Regis Drive to the east, so the Engineering staff is recommending the driveway to the new single family home be placed as close to the westerly lot line of Lot 2 as possible to increase the sight distance and improve the sight lines to the Regis Lane/Regis Drive intersection. Ms. McPherson stated staff is recommending the Planning Commission recommend approval of P.S. #89-01 with the following stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2 . 2 . The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. Ms. McPherson stated the rear yard setback for the new lot is about 33 feet so that should run pretty close to the 952 foot contour. Mr. Sullivan stated he lives on the front part of the lot. His daughter will be constructing a single family home on the second lot; however, she has no house plans at this time. He stated he has one complaint and that is that Regis Lane is not shown on the City's half section maps. Because of that, he had to pay more money to have his property surveyed. He stated that, after 20 years, it is about time the City put Regis Lane on the map! PLANNING COMMISSION MEETING, MAY 17 , 1989 - PAGE 3 MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. MOTION by Mr. Kondrick, seconded by Ms. Sherek, to recommend to City Council approval of Preliminary Plat, P.S. #89-01, Sullivan's Overlook, being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8 ; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9 ; thence south along the East line of said Lot 9, a distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. , with the following two stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2 . 2 . The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated at their June 5th meeting, the City Council will probably establish a public hearing date of June 19th for the final plat. 2. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USt PERMIT, SP #89-07 , BY PAUL J. HENGEL: Per Section 205. 07 . O1.C(1) of the Frid City Code to allow a second accessory building on Lot7 lock 4, Bonny Addition, the same being 5932 - 6th Stree -E- MOTION by Mr. Kondrick, 770" y Mr. Barna, to open the public hearing. UPON A VOICE VOTE, ALP-46TING AYE, CHAIRPERSON BETZOLD DECLARED THE PUBLIC HEARING OPW AT 7 :46 P.M. PLANNING COMMISSION MEETING, MAY 17 , 1989 - PAGE 4 Ms. McPherson stated the property is zoned R-1, R idential Dwelling District. Because the petitioner wishes to c nstruct an accessory building over 240 sq. ft. , he must request special use permit. She stated that in addition to the attac d single car garage, there is a 10 ft. x 10 ft. or 12 ft. x 12 ft metal storage building in the rear yard. Ms. McPherson stated construction of the acce ory building will include removing three mature trees, one of w ich is an oak tree. Ms. McPherson stated staff is recommending he driveway be joined to the neighbor's driveway to the south s there is not a 1-2 ft. area in which to try to maintain grass. Ms. McPherson stated staff is recommen ng the Planning commission recommend approval with the following stipulations: 1. The access to the a cessory building shall be hardsurfaced and shall Join the neighbor's driveway to the south. The access all be hardsurfaced by September 1, 1989. 2 . The accessory building shall be architecturally compatible with th existing house. Mr. Barna asked if the ne' hbor's driveway is at zero lot line. For example, if the neighb is driveway is 2 ft. from the lot line, then they cannot ask th petitioner to hardsurface 2 ft. of the neighbor's property. Ms. McPherson stated at visually it appeared that the neighbor's driveway is at zero lot line, but it would probably have to be surveyed. Mr. Barna stated he would be more comfortable with saying the driveway should e built to the zero lot line. Mr. Bet zold a eed and stated there might even be some easement problems asso iated with using a common driveway. Ms. McPhers n stated there is a 5 ft. drainage/utility easement which the titioner is definitely honoring. He has plans to build the garag 6 ft. from the rear line and he does have the 3 ft. side yard set ack. Ms. Pa Hengel stated she is representing her son, Paul Hengel. She s ated having the driveway hardsurfaced by Sept. 1, 1989, (sti lation #1) will be difficult financially. She stated there are ite a few trees that will have to be removed and that will be costly. The new garage at this time will only be used for the City of Wiley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the COM- MUNITY EDUCATION CENTER, 6085— 7TH STREET N.E. on Mon- day,June 19,1989 at 7:30 p.m.for the purposeof: Consideration of a Final Plat, P.S. #89-01, Sullivan's Overlook being a replat of that part of Lot 8, Auditor's Subdivision No.25,ANoka County, Minnesota, lying south- easterly of the following described line: commencing at the Northeast corner of said Lot 8;thence wester- ly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left,to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commen- cing at the Northeast corner of said Lot 9; thence south along the East line of said Lot 9,a distance of 49.4 feet to the actual Dint of begin- ning;thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally locat- ed at 1161 Regis Lane N.E. Any and all person desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley com- munity Development Department, 571-3450. W ILLIAM J.NEE MAYOR (Published in Fridley Focus June 7 &14,1989.) PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the COMMUNITY EDUCATION CENTER, 6085 - 7TH STREET N.E. on Monday, June 19, 1989 at 7: 30 p.m. for the purpose of: Consideration of a Final Plat, P.S. #89-01, Sullivan' s Overlook, being a replat of that part of Lot 8, Auditor' s Subdivision No. 25, Anoka County, Minnesota, lying southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8 ; thence westerly along the North line, 255 feet; thence southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9 , Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner of said Lot 9 ; thence south along the East line of said Lot 9 , a distance of 49 .4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of said Lot 9, said point being 335. 8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: June 7 , 1989 June 14, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450. 1A STAFF REPORT APPEALS DATE CITYOF PLANNNG COMMISSION DATE : May 17, 1989 FRI DLEY CITY COUNCIL DATE: June 19, 19 89 AUTHOR MM/do REQUEST PERMIT NUMBER P.S. #89-01 APPLICANT Dan Sullivan PROPOSED REQUEST To plat a parcel into two lots and construct a single family residence on the second lot. LOCATION 1161 Regis Lane N.E. SITE DATA SIZE 32, 150 square feet DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling on east and south, vacant & ZONING lot on west, school on north (North Park School) UTILITIES PARK DEDICATION Park fee of $750.00 required at time of building permit. ANALYSIS FINANCIAL IMPLICATIONS N/A CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL None CONSIDERATIONS - - - - - - - - - - - -- - - - - STAFF RECOMMENDATION Approval with stipulations APPEALS RECOMMENDATIONN/A PLANNING COMMISSION Approval with stipulations RECOMMENDATION 1B Staff Report P.S. #89-01, Dan Sullivan Page 2 REQUEST The petitioner, Dan Sullivan, is proposing to plat and split part of Lots 8 and 9 of Auditor' s Subdivision No. 25, the same being 1161 Regis Lane N.E. The petitioner wants to split the lot so that his daughter can construct a house on the second parcel. SITE The parcel is located in an R-1, Single Family Dwelling, district and abuts North Park School. A house and fenced pool area exist on Lot 1 of the proposed plat. Lot 2 of the proposed plat is where the petitioner' s daughter is proposing to construct a house. ANALYSIS The proposed plat would accommodate the existing uses and allow for the construction for one additional single family house. Both lots would meet the minimum lot size required by code, as well as the 35 foot front yard setback requirement. There is an oak-filled ravine in the northeast corner of Lot 2 . Staff is recommending that no construction or grading occur below the 952 foot contour to minimize any impacts on the ravine. The engineering staff recommends that the access to Lot 2 be placed as close to the westerly lot line as possible. This is to increase the sight distance to the intersection of Regis Lane and Regis Drive. The vertical curve on Regis Lane makes sighting traffic to the east difficult. RECOMMENDATION Staff recommends that the Planning Commission approve P.S. #89-01, Sullivan's Overlook, to plat a parcel into two lots, with the following stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2 . 2 . The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. PLANNING COMMISSION ACTION The Planning Commission unanimously recommended approval of the rezoning request with the stipulations as stated. 1C Staff Report P.S. #89-01, Dan Sullivan Page 3 CITY COUNCIL RECOMMENDATION Staff recommends the City Council approve the final plat as recommended by the Planning Commission with the stipulations as presented. w COMMUNITY DEVELOPMENT DEPARTMENT CIW OF FMDLEY MEMORANDUM DATE: May 24 , 1989 TO: William Burns , City Manager, FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson , Planning Assistant SUBJECT: Preliminary Plat, P. S . #89-01 , Dan Sullivan Attached is the staff report for the preliminary plat for Sullivan ' s Overlook, located at 1161 Regis Lane N.E. The Planning Commission recommended approval of the preliminary plat request , subject to the stipulations recommended by staff . The subdivision ordinance requires the City Council to hold a public hearing for a final plat. Staff recommends that the City Council establish June 19 , 1989 as a public hearing date for this item. MM/dn M-89-258 W COMMUNITY DEVELOPMENT DEPARTMENT CITYOF HaDLEY MEMORANDUM DATE: June 14, 1989 (1, • TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Public Hearing, Sullivan's Overlook Final Plat, P.S. #89-01 Attached is the staff report for the public hearing on the final plat for Sullivan's Overlook located at 1161 Regis Lane. Upon closing the public hearing, the Council may want to give its direction on the plat conditions so staff can prepare the final plat resolution which will be considered by the Council on July 10, 1989. MM: ls M-89-316 COMMUNITY DEVELOPMENT 14 rm DEPARTMENT GW OF FRIDLEY MEMORANDUM DATE: October 29, 1990 TO: William Burns, City Manager � FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Resolution Approving Sullivan' s Overlook, P.S. #89-01 Attached is a copy of the final plat for Sullivan' s Overlook, creating two lots on the property addressed as 1161 Regis Lane N.E. The City Council conducted a public hearing on this plat on June 19, 1989. On May 17, 1989, the Planning Commission recommended approval of the plat with the following two stipulations: 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2 . 2 . The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. At the October 15, 1990 meeting, the City Council approved a registered land survey enabling the petitioner to rectify legal description and title problems. The recording of this registered land survey has now permitted final action on the Sullivan's Overlook plat. Recommendation Staff recommends that the City Council approve the resolution for the Sullivan' s Overlook plat with the two stipulations recommended by the Planning Commission. BD/dn M-90-776 FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 14 A. CONSIDERATION OF PRELIMINARY PLAT P.S. #89-01, SULLIVAN'S OVERLOOK BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 REGIS LANE N.E. . BY DAN SULLIVAN: MOTION by Councilman Schneider to set the public hearing on this preliminary plat for June 19, 1989. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF SPECIAL USE PERMIT, SP #89-07, TO ALLOW A SECOND ACCESSORY BUILDING ON LOT 7, BLOCK 4, BONNY ADDXTION, THE SAME BEING 5932 6TH STREET N.E. , BY PAUL HENGEL: Ms. Dacy, Planning Coordinator, stated this i/amended t for a special use permit to allow a second accessog. She stated the Planning Commission recommended ith two stipulations which she outlined. Ms. Dacstaff's recommendation was that the access to the accesing join the neighbor's driveway to the south and beaced by September 1, 1989. She stated this stipulation by the Planning Commission that the access to the accessory building be placed at the zero lot line and be hard-surfaced by June 1, 1990. MOTION by Councilman Billings to grant Sp /ial Use Permit, SP #89- 07, to allow a second accessory buil ing, with the following stipulations: 1. The access to the accessory b lding shall be hard-surfaced and be placed at the zero lot ,line. The access shall be hard- surfaced by June 1, 1990. 2. The accesZnF ing all be architecturally compatible with the ous . Seconded by Co - zpatrick. Councilman Bilhe did not want to place a stipulation that the acceced at the zero lot line or join the neighbor's drd, therefore, offered the following amendment: MOTION by Couillings to amend stipulations No.' 1 as follows: ' 1. The ,access to the accessory building shall be hard-surfaced by,dune 1, 1990. i Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye; Mayor Nee declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JUNE 5, 1989 PAGE 13 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APP OVING VACATION REQUEST, SAV 89-02 TO VACATE THE 30 FOO DRAINAGE AND UTILITY EASEMENT LOCATED ON LOTS 1 2 28 AN 29 BLOCK 2 COMMERCE PARK THE SAME BEING 250 OSBORNE ROA.D N.E. BY JEROME FARRELL• MOTION by Councilman Billings to waive the r/USEPEEIMIT approve the ordinance upon first reading. Seconded by n Schneider. Upon a voice vote, all voting aye, Mayor Ned the motion carried unanimously. 7. CONSIDERATION OF EXTENSION OF A SPECIA TO ALLOW PARK CONSTRUCTION TO RESUME ROCK CRUSH NG ACTIVITIES: MOTION by Councilman Billings to approve he extension of Special Use Permit, SP #82-12, to allow a rock ushing operation at 7900 Beech Street with the following stipul ions: 1. Special Use Permit, SP #82-12 i extended for a period of two years. Re-evaluation of the pe it is to be scheduled for the first regular meeting of t City Council in May, 1991, providing there has been one crushing operation at that time. 2. The City be allowed to du their waste concrete material at this site in City trucks t no cost. 3 . Park Construction will ake the necessary steps to ensure the City and State noise, dust, and environmental limits are not exceeded. 4. The rock crusher nerators and stockpiles shall be located as far north and ast on the property as possible. 5. The same standa ds regarding runoff shall be applied to this site as applie in the Rice Creek Watershed area. Seconded by Coun loran Schneider. Upon a voice vote, all voting aye, Mayor Nee clared the motion carried unanimously. 8. ORDINANC NO. 924 APPROVING A VACATION, SAV #89-01, TO VACATE A 30 FOOt ROAD EASEMENT LOCATED ALONG THE EAST PROPERTY LIN OF LOT S. BLOCK 2 EAST RANCH ESTATES SECOND ADDITION EXCEPT THE EA T 200 FEET THEREOF GENERALLY LOCATED SOUTHWEST OF 7810 UNIV SITY AVENUE N.E. BY WBDH REALTY COMPANY: MOTIONy Councilman Billings to waive the reading and adopt Ordina a No. 924 on second reading and order publication. Secon d by Councilman Fitzpatrick. Upon a voice vote, all voting aye, "ayor Nee declared the motion carried unanimously. 9. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MAY 17 , 1989• THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JUNE 19, 1989 i The Regular Meeting of the Fridley City Council was called order at 7 : 37 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pled of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman orgenson, Councilman Schneider, uncilman Fitzpatrick and Counc' man Billings MEMBERS ABSENT: None PRESENTATIONS• CERTIFICATE OF ACHIEVEME FOR EXCELLENCE IN FINANCIAL REPORTING• / Mr. Pribyl, Finance Directo introduced Mr. Dan Faust, President of the Minnesota Governm t Finance Officers Association, who presented the Certific a of Achievement for Excellence in Financial Reporting to e City of Fridley. Mr. Faust stated this certificate is the hi est form of achievement in governmental accounting and finan al reporting and its attainment represents a significant accom ishment by the staff and Council. AWARD OF FIN CIAL REPORTING ACHIEVEMENT: /en st pres ted an Award of Financial Reporting Achievement to Burt, A sistant Finance Director. He stated this award is ed t individuals who have been instrumental in their ent unit achieving a Certificate of Achievement for enc in Financial Reporting. e and members of the Council extended their congratulations e Burt on receiving this award. ibyl stated this is the eighth consecutive year the City has ed the Certificate and, hopefully, many more will be received years to come. FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Page 2 APPROVAL OF MINUTES: COUNCIL MEETING, JUNE 5, 1989: MOTION by Councilman Schneider to approve the m' utes as presented. Seconded by Councilwoman Jorgenson. Upon a ice vote, all voting aye, Mayor Nee declared the motion carrie unanimously. ADOPTION OF AGENDA: The following items were added the agenda: (25) Consideration of Change Order No. 1 to the ars Contract for Appliances for the Municipal Center and (26) eiving a Letter from Kerry Van Fleet, Fridley Chamber of Comme e, Commending City Staff for their work during the 49er Celebr ion. MOTION by Council an Fitzpatrick to adopt the agenda with the above additions Seconded by Councilman Schneider. Upon a voice vote, all vo ing aye, Mayor Nee declared the motion carried unanimously,.- OPEN FO VISITORS: The a was no response from the audience under this item of bAx'siness. PUBLIC HEARING• 1. CONSIDERATION OF A FINAL PLAT, P.S. #89-01, SULLIVAN'S OVERLOOK BEING A REPLAT OF PROPERTY GENERALLY LOCATED AT 1161 REGIS LANE N.E. . BY DAN SULLIVAN: MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7 :44 p.m. Ms. Dacy, Planning Coordinator, stated it is a request to split the lot at 1161 Regis Lane. She stated the westerly lot contains a home and the easterly lot is the site where a new home will be constructed. Ms. Dacy stated the Planning Commission recommended approval of the preliminary plat subject to two stipulations which she outlined as follows: (1) there shall be no grading below the 952 foot elevation contour on the northeast corner of Lot 2 and (2) the access to Lot 2 shall be toward the westerly side of the lot and shall be hard-surfaced. FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Page 3 Mr. Sullivan stated he had no problems with the first stipulation, but felt it was unnecessary to insist the garage be on the west side of this lot. Ms. Dacy stated the Commission was concerned about traffic safety. She stated there is a rise in elevation which continues to the intersection and it was felt, with the driveway on the west, it would be easier to see vehicles approaching. Mr. Sullivan stated this is a school zone area so traffic should be moving at reduced speeds. Councilwoman Jorgenson stated there is some difficulty in exiting the driveway of North Park School and seeing traffic coming on Regis Lane. She stated she tends to agree that if the driveway was on the west side, it would make for an easier egress. Mr. Sullivan stated he hated to be locked in to where the driveway is located. Mayor Nee stated it did not seem there is that large a volume of traffic in the area. No other persons spoke regarding this proposed plat. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:51 p.m. OLD BUSINESS• 2 . ORDINANCE NO. 925 APPROVING A VACATION REQUEST, SAV-49-9-02 , TO VACATE THE 30 FOOT DRAINAGE AND UTILITY EASEMBNt LOCATED ON LOTS 1 2 28 AND 29 BLOCK 2 COMMERCE K THE SAME BEING 250 OSBORNE ROAD N.E. BY JEROME F L: MOTION by Councilman Billings to waive a reading and adopt Ordinance No. 925 on the second read' g and order publication. Seconded by Councilman Fitzpatrick. pon a voice vote, all voting aye, Mayor Nee declared the moti carried unanimously. NEW BUSINESS• 3. RECEIVING THE MI ES OF THE PLANNING COMMISSION MEETING OF - JUNE 7 , 1989• A. CONSIDERA N OF A LOT SPLIT L.S. 89-03 BY MAR-LEN DEVELOP NT CORPORATION• TO SPLIT OFF THE EASTERLY 230 FEET OF 1 BLOCK 1 MAR-LEN ADDITION TO CREATE TWO SEPARATE LO GENERALLY LOCATED AT 81ST AVENUE N.E. AND HICKORY REET N.E. FRIDLEY CITY COUNCIL MEETING OF JUNE 19, 1989 Page 4 AND RESOLUTION NO 51-1989 APPROVING A LOT SPLIT, L.S. #89-03 , BY MAR-LEN DEVELOPMENT CORPORATION: Ms. Dacy, Planning Coordinator, stated this property is to ated east of Hickory Street and north of the intersection of 'ckory Street and 81st Avenue. She stated the petitioner is prop ing to split the parcel into two lots. Ms. Dacy stated the r son the petitioner is proposing a north/south lot line is b cause the Hickory Street right-of-way now contains a drainage , itch. She stated a 20 foot driveway to be shared between the tw)d parcels was originally proposed. Ms. Dacy stated the Planning Commission recomme ed revising the survey to provide street frontage for Parcel She stated the petitioner, therefore, created a 60 foot "fl g• lot" to parcel B from Parcel A and reserved a 15 foot driveway easement over Parcel A. She stated the petitioner has submitte a new survey as shown in the Council 's agenda packet. Ms. Dacy stated stipulation No. 1 to provide a 25 foot driveway easemen is no longer necessary with this new street arrangement. She stated it has been determined that the petitioner has p id the park fees and this should not be part of the stipulatio s. Ms. Dacy stated staff is recommen ing approval of the lot split with the following stipulation (i) a maintenance agreement concerning general upkeep and sn removal for the private driveway shall be recorded against bo Parcel A and Parcel B prior to issuance of a building permit n either parcel; (2) a grading plan with stormwater calculation shall be submitted and approved by staff prior to building pe it issuance; and (3) a 60 foot public right-of-way shall be cre ed and a public road constructed should future subdivision occu She stated staff is recommending an additional sentence b added to stipulation No. 3 to read as follows: "The prop rty owners of Parcel A and B shall be responsible for cost associated with road construction including installation, oper ion and maintenance of the drainage system. " Mr. Vanasse, t e petitioner, stated he was aware of the stipulations, t not entirely sure of what has been added to stipulation N . 3. He stated since it is a public utility and property own s are normally assessed, he could not see the reason for it. Mr. Flor , Public Works Director, stated there was concern that if a road as constructed in the future between Hickory and Main Street , drainage improvements would be necessary. He stated staff felt 't was essential that the properties that develop there bear the ost of the road and any drainage improvements. M . Vanasse felt this was standard procedure through the assessment rocess. FRIDLEY CITY COUNCILAZATING OF NOVEMBER 5. 1990 GK_j Seconded by Councilman Fitzpatrick. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimous lj 11. APPROVALHE CITY OF WORKSHOP: MOTION by Councilman Fitzpatrick to appro a the 1991 agreement with the Anoka County Communications Worksh Seconded by Councilwoman Jorgenson. Upon a voice vote, all ting aye, Mayor Nee declared the motion carried unanimously. 12 . RESOLUTION O R LAWFULGAMBLING __LjCEN`SE TO THE CHURCH OF THE IMMACTJLATE CONCEPTION• MOTION by Councilwo n Jorgenson to adopt Resolution No. 90-1990. Seconded by Coun man Billings. Upon a voice vote, all voting aye, Mayor Nee Glared the motion carried unanimously. 13. U 0 - U G APPROPRIATIONS 0 TKE CAPITAL 0 NT DIVISION: MOTIO by Councilman Billings to adopt Resolution No. 91-990. Sec ded by Councilwoman Jorgenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously. 14. RESOLUTION NO, 92-1990 APPROVING PLAT, P.S. #89-01, SULLIVAN'S OVERLOOK: Ms. Dacy, Planning Coordinator, stated that this plat creates two lots generally located at 1161 Regis Lane. She stated that at the October 15, 1990 meeting, the Council approved a registered land survey to clear the legal description and title problems. Ms. Dacy stated that the Planning Commission, on May 17, 1989, recommended approval of this plat with two stipulations which she outlined. MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1990, with the two stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 93-1990 APPROVING PLAT, - TARGET NORTHERN DISTRIBUTION CENTER 2ND DDI'TI09--. MOTION by Councilman Billings to adopt--Resolution No. 93-1990, with the seven stipulations attached,.---Ar. Exhibit A. Seconded by Councilman Fitzpatrick. i Ms. Dacy, Planning Coordinator, stated that in regard to Stipulation No. 1, theis an error and the Boston Ivy shall be c FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 5. 1990 PAGE 7 8. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 24 , 1990: A. #90-17 , ALLOWTO AN ACCESSORY BUILDING - OD FRINGE) K PLAZA GENERALLY LOCATED AT 230 RICE CREEK BOULEVARD N - Ms. Dacy, Planning Coordinator, stated that this speci use permit is requested in order to construct a storage shed in the flood fringe district. She stated that the Planning Commission recommended approval of the special use p rmit with two stipulations, which she outlined. MOTION by Councilman Billings to grant Spec 1 Use Permit, SP #90-17, with the following stipulations- (1) the petitioner shall execute a hold harmless agreement t release the City from any liability or damages to the accesso building prior to the issuance of a building permit; and (2) ny materials which could cause potential water contamination suc as fertilizers, gasoline, oil, pesticides, etc. , shall not be tored in the storage shed. Seconded by Councilman Fitzpatrick. pon a voice vote, all voting aye, Mayor Nee declared the motion arried unanimously. B. ESTABLISH A PUBLIC HEARING R NOVEMBER I9 990 ON PROPOSED LANDSCAPE AMENDMENT O GCODE: MOTION by Councilman Billi s to set the public hearing for November 19, 1990 on the pr osed landscape amendments. Seconded by Councilwoman Jorgenson Upon a voice vote, all voting aye, Mayor Nee declared the mo ion carried unanimously. MOTION by Councilwoma Jorgenson to receive the minutes of the Planning Commission eting of October 24, 1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. ESTABLISH UBLIC ARING FOR NOVEMBER19, 1990, ORDINANCEE• MOTION by Co ncilwoman Jorgenson to set the public hearing for November 19 1990 regarding the collection of a recycling fee. Seconded b Councilman Billings. Upon a voice vote, all voting aye, Mayo Nee declared the motion carried unanimously. 10. P OVAL OF MOTION FOR A SUPPLEMENTAL APPROPRIATION FROM THE ORM WATER RESERVE TO THE 1990 STORM WATER PROJECT FOR THE ND AVENUE STORM DRAIN XTENSION: MOON by Councilman Billings to approve a supplemental a ropriation of $5, 300 from the Storm Water Reserve to the 1990 Storm Water Project for the 52nd Avenue storm drain extension. OL •i 920921 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a plat P S #89-01 Sullivan's Overlook PLAT/LOT SPLIT Dan Sullivan , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of Nov mb r , 19 90 , on a petition for a plat pursuant to the City of Fridley's Platting Ordinance, for the following described property: Being a replat of that part of Lot 8, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying Southeasterly of the following described line: Commencing at the Northeast corner of said Lot 8; thence Westerly along the North line, 255 feet; thence Southwesterly 62 degrees 14 minutes 40 seconds, deflecting to the left, to the South line of said Lot 8 and there terminating. Together with that part of Lot 9, Auditor's Subdivision No. 25, Anoka County, Minnesota, lying northerly of the following described line: Commencing at the Northeast corner (over) IT IS ORDERED that a plat be granted as upon the following conditions or reasons: 1 . There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. (over) STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a plat with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at he City of Fr ley, Minnesota, in the County of Anoka on the /�G � ,� day of `%�. r DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HAPALA, CITY OLERK (SEAL) of said Lot 9; thence south along the East line of said Lot 9, distance of 49.4 feet to the actual point of beginning; thence deflect to the right in a northwesterly direction, along a line to its point of intersection with the North line of aid Lot 9, said point being 335.8 feet west of the Northeast corner of said Lot 9 and there terminating, generally located at 1161 Regis Lane N.E. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. t. r FRIDLEY CITY COUNCIL MEETING OF NOVEMBER S. 1990 PAGE 8 Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. APPROVAL OF PROPOSED 1991 AGREEMENT BETWEEN- THE CITY OF FRIDL•EY AND THE ANOKA COUNTY COMMUNICATIONS-WORKSHOP: MOTION by Councilman Fitzpatrick to approve the 1991 agreement with the Anoka County Communications Workshop. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RESOLUTION N0, 90-1990 IN SUPPORT OF AN APPLICATION FOR A LAWFUL GAMBLING LICENSE TO THE CHURCH OF THE IMMACULATE CONCEPTION: MOTION by Councilwoman Jorgenson to adopt Resolution No. 90-1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the notion carried unanimously. 13. RESOLUTION N0, 91-1990 AUTHORIZING CHANGES IN APPROPRIATIONS OR THE CAPITAL IMPROVEMENT FUND, PARK NT DIVISION: MOTION y Councilman Billings to adopt Resolution No. 91-990. Seco ed by Councilwoman Jorgenson. Upon a voice vote, all voting aye ' Mayor Nee declared the motion carried unanimously. 14. RESOLUTION N0, 92-1990 APPROVING PLAT P.S. #89-01, SULLIVAN'S OVERLOOK: Ms. Dacy, Planning Coordinator, stated that this plat creates two lots generally located at 1161 Regis Lane. She stated that at the October 15, 1990 meeting, the Council approved a registered land survey to clear the legal description and title problems. Ms. Dacy stated that the Planning Commission, on May 17, 1989, recommended approval of this plat with two stipulations which she outlined. MOTION by Councilwoman Jorgenson to adopt Resolution No. 92-1990, with the two stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 15. RESOLUTION NO. 93-1990 APPROVING PLAT_ P.S. #90-04 TARGET NORTHERN DISTRIBUTION CENTER 2ND ADDITION: MOTION by Councilman Billings to adopt Resolut.iori No. 93-1990, with the seven stipulations attached as Exhibit A. Seconded by Councilman Fitzpatrick. j Ms. Dacy, Planning Coordinator, stated that in regard to Stipulation No. 1, there an error and the Boston Ivy shall be FRIDLEY CITY coUNCIL MEETING OF VOYEMHER S. 1990 PAGE_7 S. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 24, 1990: A. SPECIAL USE PERMIT SP #90-17 BY LYNN AND CHRISTINE.11ANSEN, TO ALLOW AN ACCESSORY BUILDING IN THE CRP-2 DISTRICT (FLOOD FRINGE) ON LOT 13 BLOCK 4 RICE CREEK PLAZA NOR= ADDITION. GENERALLY LOCATED AT 230 RICE CREEK Ms. Dacy, Planning Coordinator, stated that this spe �ial use permit is requested in order to construct a storage sh d in the flood fringe district. She stated that the Planning Commission recommended approval of the special use ;permit with two stipulations, which she outlined. MOTION by Councilman Billings to grant Special Use Permit, SP #90-17, with the following stipulatio (1) the petitioner shall execute a hold harmless agreement o release the City from any liability or damages to the access building prior to the issuance of a building permit; and (2) any materials which could cause potential water contamination s h as fertilizers, gasoline, oil, pesticides, etc. , shall not be stored in the storage shed. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motio carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 19 1990 ON PROPOSED LANDSCAPE AMENDMENTS TO THE ZONING CODE: MOTION by Councilman Bill i qs to set the public hearing for November 19, 1990 on the pr posed landscape amendments. Seconded by Councilwoman Jorgenson Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Jorgenson to receive the minutes of the Planning Commission eting of October 24, 1990. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. ESTABLISH A PUBLIC HEARING FOR NOVEMBER 19 1990, ON AN OgpINANC To COLLECT A RECYCLING FEE: MOTION by Co cilwoman Jorgenson to set the public *searing for November 19, 1990 regarding the collection of a recycling fee. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor ee declared the motion carried unanimously. 10. P OVAL OF MOTION FOR A SUPPLEMENTAL APPROPRIATION FROM THE STORM WATER RESERVE TO THE 1990 STORM WATER PROJECT FOR THE S-2ND AVENUE STORM DRAIN EXTENSION: MOTION by Councilman Billings to approve a supplemental ap opriation of $5,300 from the Storm Water Reserve to the 1990 7 rm Water Project for the 52nd Avenue storm drain extension. RESOLUTION NO. 92 - 1990 A RESOLUTION APPROVING PLAT, P.S. #89-01, SULLIVAN'S OVERLOOK WHEREAS, the Planning Commission held a public hearing on the Plat, P.S. #89-01, on May 17, 1989 and recommended approval ; and WHEREAS, the City Council also conducted a public hearing on the proposed Plat at their June 19, 1990 Council meeting and approved the Plat at their November 5, 1990 meeting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the Plat, P.S. #89-01, Sullivan' s Overlook, with the stipulations attached as Exhibit A, and authorizes the Mayor and City Manager to sign the Plat as prepared by Kurth Surveying, Inc. BE IT FURTHER RESOLVED that the petitioner is requested to record this Plat at Anoka County within six (6) months or said approval with become null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF NOVEMBER, 1990. ILLIAM J. E - MAYOR ATTEST: SHIRLEY A. HAAPALA CITY CLERK Page 2 -- Resolution No. 92 - 1990 Exhibit A 1. There shall be no grading below the 952 foot contour on the northeast corner of Lot 2. 2. The access to Lot 2 shall be toward the westerly side of the lot and shall be hardsurfaced. 920,921 Ntu�narioal Qmnt C�aatc�r tied Checked Cl cl Mar T p I ra r••a i w ° OFFICE OF COUNTY RENDER STATE OF MINNESOTA,COUNTY OF ANOKA I hereby certify that the with;n instru- ment was filed in this office for record on the AM 2 2 1 o /0 o'clack td M., and was duty recorded CL / L BY SHIRLEY A. HAAPALA FRIDLEY CITY CLERK 6421 UNIVERSITY AVE NE FRIDLEY MIDI 55432