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PS99-05 (2)
City of Fridley Land Use Application PS-99-05 October 6, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: George&Ann Bateson Dennis&Mary Pietrini Transportation: 6196 Heather Place NE 6177 Heather Circle Homes will be accessed from Heather Fridley,MN 55432 Fridley,MN 55432 Requested Action: Place. Replat of property to accommodate 4 Physical Characteristics: single family homes. Tree covered, relatively level on the Existing Zoning: western portion. Slopes, some severe, R-1, One Family Residential on the eastern portion of property. SUMMARY OF REQUEST Location: 6217 Central Ave. Petitioner is seeking to create 4 separate lots in Size: order to construct 4 single family homes. 97,846 square feet 2.25 acres SUMMARY OF ANALYSIS Existing Land Use: City Staff recommends approval of this plat Older home (to be removed). request, with stipulations. Surrounding Land Use & Zoning: • Proposed lots exceed the size standards N: Single family home & R-1 required by the City of Fridley Zoning E: Single family home& R-1 Code. S: Single family home & R-1 • All final grading and drainage plans will W: Shopping Center& C-3 meet the approval of City Engineering staff Comprehensive Plan Conformance: before building permits are issued. Use of property is consistent with Plan. Zoning Ordinance Conformance: All four proposed lots exceed the City's ] '. minimum lot size standard.. }. Zoning History: t • 1939 - Lot is originally platted. Pit • Pre-1949 - Home is built. Legal Description of Property: Lots 20 & 21, Auditors Subdivision#22 and Outlots A& B Heather Hills West Council Action: October 25, 1999 Public Utilities: _.._- Located near property. (View of Southeast portion of property) Staff Report Prepared by: Paul Bolin PS 99-05 ANALYSIS Petitioner is seeking to create 4 separate lots from Lots 20 & 21, Auditors Subdivision #22 and Outlots A & B, Heather Hills West, in order to construct 4 single family homes. Currently there is an older home and garage located on the western portion of the lot, which was built prior to 1949. The existing home will be razed and replaced. In 1997, PS #97-07, a proposal to divide this property into 6 buildable lots was denied. That proposal failed because the petitioner did not own the Outlots A & B that give the property the necessary right of way to be considered buildable. RECOMMENDATIONS City Staff recommends approval of this preliminary plat request, with stipulations. Proposed lots exceed the size standards required by the City of Fridley Zoning Code. Fridley requires that lots in an R-1 district be a minimum of 75' in width with a minimum total lot area of 9,000 square feet. The proposed lots range in width from 125' to 200' and in area from 19,254 square feet to 32,495 square feet. Staff concerns with the slopes and large trees on the property are being addressed. Petitioner will be required to have all trees, proposed for removal, to be approved by City Staff. In addition final grading and drainage plans shall meet the approval of City Engineering staff before building permits are issued, in order to minimize impacts to the area. STIPULATIONS Staff recommends that the following stipulations be attached to the preliminary plat approval. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a 20' drainage and utility easement along easterly and southerly property lines of proposed Lot 4. 3. Petitioner shall provide a 12' drainage and utility easement along the northerly property line of proposed lots 1,2,3, & 4. 4. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay $750 per lot park fees prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. Anoka County Surveyors Cffl'ce, 2100 3rd Avenue, Anoka MN 55.30.3 16 I2j 32.3-5510 CHECK LIST FOR PLAT Zoo %evt .5 41 Name of plat DATE a�ff Q N ❑ 1/2 OF SECTION /,I T JF, CHECKED B POLITICAL SUBD. LEGEND: ITEM CORRECT X ITEM INCORRECT — ITEM NOT CHECKED SURVEY COMPANY eacl PHONE 1 elposure 2 Angles and/or Bearings 3 urve data 4 eR6undary dimensions 5 Overall and/or Block dimensions 6 ><Lpt dimensions 7 numents-found, set 8 Bement dimensions and ties to lot lines 9 t and Block numbers, Exceptions, Outlots, Parks 10 treet names ( State, County, Local) 11 ighway alignment ( State, County) 121 ejatreet Widths 13 jacent and underlying areas ( Platted only) 14 lool Compare with section resurvey 15 Ties to subdivision lines and comers _ 16 Xpesignation of outside boundaries ( notes) 17 Title same as dedication and check for duplication 18 Dedication - Streets, Avenues, Lanes, Parks, Access, Easements, etc. 19 5<pescription - compare with plat and record 20 tate and/or County Highway Department recommendations 21 tale, North arrow, Basis for bearings 22 Compare with Half Section map 23 — Wetlands, Water elevations, Benchmarks 24 Survey line 25 � scellaneous 261 SCIAbstract ❑ Torrens No: Remarks on items to be corrected Corrected copy to be submitted PLAT ACCEPTABLE WHEN AB VE ITEMS AVE BEEN CORRECTED lO �7 Anoka County Surveyor Date CI -3C, c161 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 Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 6, 1999, at 7:30 p.m.for the purpose of: Considerat&pn of a Plat request, P.S. #99-05, by 11RI& George Bateson and Mary & Dennis Pietrini, to divide property into 4 single family lots, legally described as Lots 20 & 21 Auditors Subdivision No. 22 & Outlots A & B, Heather Hills West, generally located at 6217 Central Avenue NE. Any and all persons 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 Scott Hickok, Planning Coordinator at 612-572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxil- iary aids should contact Roberta Collins at 612-572-3500 no later than September 30, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION (September 23, 30, 1999) Fridley, Columbia Heights,Hilltop Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 6, 1999, at 7 :30 p.m. for the purpose of: 47/2 Consideration of a Plat request, P. S. #99-05, by & George Bateson and Mary & Dennis Pietrini, to divide property into 4 single family lots, legally described as Lots 20 & 21 Auditors Subdivision No. 22 & Outlots A & B, Heather Hills West, generally located at 6217 Central Avenue NE. Any and all persons 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 Scott Hickok, Planning Coordinator at 612-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than September 30, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 23, 1999 September 30, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 6217 Central Avenue NE. CASE NUMBER: P.S. #99-05 APPLICANT. trim & George Bateson & Mary & Dennis Pietrini Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To divide property into 4 single family lots. LOCATION OF PROPERTYAND 6217 Central Avenue NE. LEGAL DESCRIPTION: Lots 20 & 21 Auditors Subdivision No. 22 & Outlots A & B, Heather Hills West. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 6, 1999, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than September 30, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: September 23, 1999 September 30, 1999 1 City of Community Development Department Fridley Land Use Permit Notification Y � a � W Y ,mawiwR Y Y � ! Y Y � M�lR p, Y .. uarnuixe e 6 lNER w�ciacimR wxueecioR 11QCR0[IO! ®'fir Y icE 4•pTQEGfR Y � OF *� E4 - eI110� -. - - � � a RlOE8rRR mKCR y 77 1� saeuw,cR woeu�R ouoeM�e� jptY = MCMIMYCR e 0 R-1-One Farnity Units CNF1-Li tt In'.MW Saxces: R-2-Two Family Units W2-Heavy Industrial N 0 R-3-General Multiple Urns ®M-3- Outdoor Intensive Heavy InduW ial Fridley Flaming Z 0 R-4-Mobile Flown Parks 0 P-PudFriGS Facilities hmka Co,n GIS W =PUD-Banned Unit Development ROW I 0 sz=Redevelopmt astrict Arcka RR-Railroads Land Use Permit Application, Plat Request 4 99-4A Cainty Ing W D C-1-Local Business /V Pard i Lot Lines 6217 Central Avenue �G2-General eusness V Features GeorgeBateson ®G3-General Shopping GR1-General Office II BASIL ROBERT A& LABIBE CURRENT RESIDENT CURRENT RESIDENT 10609 S GLEN RD 1200 MOORE LK DR NE 1250 MOORE LK DR NE POTOMIC, MD 20854 FRIDLEY, MN 55432 FRIDLEY, MN 55432 C,a1 ren4-05'def,r MILES DOROTHY M JANKOWSKI EUGENE & MARY J 1370 RICE CREEK RD NE 1400 KERRY CIR NE 1400 RICE CREEK RD NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SELLECK RANDALL M & DIANE E SCHUMACHER JEAN A HAGMANN DONALD E & BECKY L 1401 KERRY CIR NE 1410 KERRY CIR NE 1411 KERRY CIR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 KRETER KARL & GEORGINA KLUCSAR YOAVA WIBEL FRANKLIN H & MARY J 1420 KERRY CIR NE 1420 RICE CREEK RD NE 1421 KERRY CIR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 ANDERSON JOAN G OSMAN SUSAN B QUALITY GROWTH LTD 1430 KERRY CIR NE 1431 KERRY CIR NE 3002 ELM ST FRIDLEY, MN 55432 FRIDLEY, MN 55432 FARGO, ND 58102 WELCH WAYNE W& DOROTHY G GAGNER LORRAINE A RYDBERG CLEVIA B 6115 WOODY LN NE 6125 WOODY LN NE 6127 WOODY LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 ADOLPHSON LOREN A& LOIS Y GERGEN DANIEL J & SHELLOY M MARTIN JOHN F JR 6131 WOODY LN NE 6133 WOODY LN NE 6170 HEATHER PL NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JANEZICH RICHARD J &GAIL P TOTINO ROSE ELWELL THOMAS &JOANNE 6171 HEATHER PL NE 6172 HEATHER CIR NE 6175 HEATHER PL NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 PIETRINI DENNIS J & MARY E BURZYNSKI KATHLEEN J &C J BRENNY VIRGIL L & BONITA 6177 HEATHER CIR NE 6185 HEATHER PL NE 6187 HEATHER CIR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SAARELA JEFFREY G & ESTHER BATESON GEORGE F &ANN L BEECROFT PAUL E &VIRGINIA 6190 HEATHER CIR NE 6196 HEATHER PL NE 6199 HEATHER PL NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SKINNER WORTHA JANE BUE MARK D & MARK K RUSSINIK MICHAEL D &SUSAN 6217 CENTRAL AVE NE 6229 CENTRAL AVE NE 6236 KERRY LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SCHAEFER EUGENE L &J Q TRAHAN THEODORE C & RAMONA L MORGAN HAROLD M & NORMA A 6240 KERRY LN NE 6245 BEN MORE DR NE 6245 CENTRAL AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 D ffEft- ivF� CURRENT RESIDENT NOLBY RONALD A& PATRICIA J 6249 BEN MORE DR NE 6250 BEN MORE DR NE 6253 BEN MORE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MESSICK CAROLYN S CARPENTER ROBERT L & M J JACOBSON WALTER F & K M 6257 BEN MORE DR NE 6258 BEN MORE DR NE 6266 BEN MORE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 SPOONER CALEB J WESTOVER BRIAN L & CAROL A FRIDLEY CITY OF 6271 CENTRAL AVE NE 6274 BEN MORE DR NE Bad Address 1 FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 0 STARMARK NORTHWEST REALTY LLC C/O CLUB SPORTS INTL INC 1700 BROADWAY STE 1900 DENVER, CO 80290 Effective June S, 1995 Receipt Fee: CITY OF FRIDLEY LAND ALTERATION PERMIT .� APPLICANT Ce9 ✓!f Q 4VA,4s.®WL., Tel. # 4;/;Z '� y'"�7'S�'7S'L;? Address G/J?J:g- „iiy4W/ PROPERTY OWNERS NAME a•oo o%&& 10-Ak,-c -/O s g-p� Tel. # 4;42 7V- 75-1;, Address r;/3peG A4.r.fie, /SAF,,, NAME• .a y,-/ .�` Tel. # e�; -4-71 -0 30'/7 Address LEGAL DESCRIPTION OF PROPERTY Lot 1- 4 Block Addition Address: G/ 9/ — G 1 r" , IV-0-0 VAO-a.• /p , DESCRIPTION OF LAND ALTERATION Value of Work: $ , e? '?,aw Starting Date: A"O✓/D Completion Date: X-1'00 d Ae e Source and Composition of Fill: ILI e or .r + PURPOSE OF LAND ALTERATION Y ATTACHMENTS TO APPLICATION The following plans, drawings, calculations, bonds and/or statements may be required by the Public Works Department: ( ] Half-section map or sketch of property showing all adjacent property indicating the existing buildings ;'and/or structures. [ J Grading plan showing existing and proposed finished contours and evaluations. ( ] Drainage plan showing existing and proposed drainage structures, stabilization walls, retaining walls, cn'bbing, dams, or other protective items. [ ] Calculations for and approximate quantities of excavation and/or fill required. [ ] Signed statement from the property owner accepting responsibility for the operation and granting permission for land alteration/mining operation. [ ] Statement to be attached to deed advising of potential need for soil tests prior to any construction on lots where additional fill material has been placed [ ] Rice Creek Watershed District Approval. [ ] Soil Borings - [ J Other STIPULATIONS READ BEFORE SIGNING APPLICATION 1. A surety bond or certified check in the amount-of $ - (5% of value of work to be completed)must be submitted after approval of application and prior to any work commencing. This bond or check is to ensure satisfactory performance and compliance with the below stated stipulations. The surety bond or check shall be kept active until the completion of work and/or expiration of permit and can only be released by written notification of the City after a satisfactory final inspection has been performed by the City. 2. a nd stRet fro �:74k,'"Nejd be rntrced ba ence, imumo��f ►�u ) m height All enancethat re capable..oPbein ed. 3. Only rock, sand, gravel, dirt, or similar natural earth fill is permitted. No concrete, asphalt, or demolition wastes will be permitted as fill unless a demolition landfill permit is first obtained from Anoka County. 4. Operations shall be limited to daylight hours and shall not interfere with the health and safety of surrounding residents and the premises shall be maintained at all times so as not to create a nuisance. Stipulations Continued 5. Any explosives used must be done so in accordance with Chapter 212, subsections 212.07.5A, .513, .5C, .5D, and .5F. of the Fridley City Code and any other applicable standards, e.g. Federal, State, Industrial, etc. G. At the end of each season's operations and no later than the last day of December each year, the site is to be left in a neat and orderly condition, with maximum slopes of 2:1 with no overhang or vertical banks and with a level bottom. 7. On the Friday of each work week, or when required by the City, material from this operation that is found to exist on City streets shall be cleaned to the City's satisfaction by the applicant. 8. Upon completion of land alteration operations, the land must be left according to the plans and contours submitted with this application and planted with suitable vegetation to prevent erosion. 9. Upon completion of land alteration operations or expiration of this permit, an inspection will be made by the City of the premises and adjoining streets. Any damage found to have been caused by these operations will be corrected by the applicant upon notification by the City. Date: ��"" . � 9P 3P Applicant's Signature Date: r- Property Owner's Signature Date: Property Owner's Signature FOR CITY USE ONLY Recommended for Appro 1 By: Date: Approved By: ''�. Date: !r S PERMIT EXPIRATION DATE: fir ©o LAND ALTERATION PIAN-CHECKING FEES 50 Cubic Yards or Less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . No Fee 51 to 100 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15.00 101 to 1,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22.50 1,001 to 10,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30.00 -- 10,001 to 100,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30.00 for the first 10,000 cubic yards plus $15.00 for each additional 10,000 Cubic Yards or fraction thereof. 100,001 to 200,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $165.00 for the first 100,000 cubic yards plus $9.00 for each additional 10,000 cubic yards or fraction thereof. 200,001 Cubic Yards or More . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $255.00 for the first 200,000 cubic yards plus $4.50 for each additional 10,000 cubic yards or fraction thereof. LAND ALTERATION GRADING PERMIT FEES 50 Cubic Yards or Less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 40.00 51 to 100 Cubic Yards . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47.50 101 to 1,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 47.50 E- for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $167.00 for the first 1,000 cubic yards plus $9.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 Cubic Yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $273.00 for the first 10,000 cubic yards plus $40.50 for each additional 10,000 Cubic Yards or fraction thereof. 100,001 Cubic Yards or more . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $662.50 for the first 100,000 cubic yards plus $22.50 for each additional 10,000 cubic yards or fraction thereof. SEP-06-1999 09: 17 E.G.RUD 8. SONS INC 612 786 6007 P.01i02 Plow ,ono 1nCCring 9180 Lexington Avc. N,C, Circ1c PIres, MN 55014 - Date: FAX. � 3 Number of pages includin;,66vcr slicet: To: iron Gt7-7 a P F 12.1 A L Y_� J Phone: Phone: - (612)785-1043 _ Pax phone5Fax phone: (6 12)786-6007 CC: .� 777 i REMARKS; ❑ Vrscnt XF.or your review ❑ Reply ASAP ❑ l�feue eomrnent ❑ As per your requests ❑ For your use ❑ Originals will rollow � � fir° til +1 =;� t few�,`0 P, SEP-06-1999 09: 17 E.G.RUD & SONS INC 612 796 6007 P.02/02 PLO'WE ENGINEERING, INC. 9180 Lexington Avenue N. E. Circle Pines, MN. 55014 (612) 785-1043 Fax (612) 786-6007 Sept. 3, 1999 City of Fridley 6431 University Avenue N.E. Fridley, MN. 55432 Attn. Scott Hickok, City Planner Re: HEATHER HILLS NORTH Preliminary Plat application Dear Mr. Hickok: The following is supplemental information to the preliminary plat application submitted for your review. As you are aware the site has steep slopes in some areas and is partially wooded. The Rice Creek Watershed District and the City of Fridley will require a site grading and erosion control plan. Drainage calculations for existing and proposed site runoff will be required by the watershed to demonstrate how the stormwater treatment and runoff rate requirements are being satisfied. Site grading and clearing will be required to provide acceptable building pad areas. The existing elevation of lots 3 and 4 is 6 feet to 14 feet above existing Heather Place. This will require substantial grading in these lots to provide a reasonable driveway grade from the existing street to the proposed house. As a result, the existing trees in this area will be impacted. Lot 2 consists of existing buildings, bituminous and grasses. There are some evergreen trees along the west lot line and it is our intention to preserve trees in this area. Lot 1 has some scattered oak trees and evergreen trees along the east lot line. It is our intention to preserve as many of the trees as possible. Some of the oak trees will be removed were the house pad is placed. Ia summary, the site clearing and grading will be limited to the work that is needed to provide four new home sites that take advantage of the existing site amenities and meet the City of Fridley and Watershed District requirements. Please call with any questions or comments regarding the above. e�i y, Q 'et Charles W. Plowe, PE TOTAL P.02 E. G. RUD & SONS, INC LETTER OF TRANSMITTAL 9180 Lexington Avenue NE °a Circle Pines, MN 55014 °` a 'j Date: /o/W9.7 job No: 9 q4 3 7 Phone: (612) 786-5556 ={� Fax (612) 786-6007 ,A, //� � Email : egrud@mn.uswest.net � Project: l /l��f-� To: From: � We are sending you the following: Invoicepriginals Letter Fax Attached OPrints Specifications Diskette Under Separate Color Drawings Change Order Cover Shop Drawings Other: QUANTITY DATE DESCRIPTION These 'Transmissions are: For your Approval For Billing Purposes Corrections Noted �or your Use Per your Request Approved as Noted For your Review Corrected Prints Submit & Comments Approved as Submitted Return Copies for Approval Copies for Distribution Other REMARKS: COPY TO: SI ATURE: a. EGR/cb Heather Hills North Plat City Council Review October 25, 1999 Plat changes have been made in accordance with Planning Commission and staff requests. A copy of the amended plat has been included in the Council's packet. 21 x x C. S.A. H. N O. 35 (CENTRAL ASL_E ) a7,o,.„_ —IcotPtBM beb11 'B ` SL�'flpt;T!0,,1 M •• AN ri t2�isa •JO.nOt 12.41 0Q HEATHER ' r - '. .:u T—r$I ( N �- CIRCLE , vv �( �€I � N• I �t I'l I I".. � �4 -�l\� I'll 1111 I/ I ZD �� e♦el 5,.00 3 ],, y I-.{ AA 77 els I Y w a \l I I I am I It l ll^i �"-'Balm—--- / al _ iR I g I h _ole— �O / Illl •,{ . I Y ! Y —w--M -/ �/ = I x 811 \Iztz _ llv *�30 ae.o� %]'� '� all 3 6 01 be•� bi y r--./n I \\ Ilt�ttltlll• I �� s �+ _ 1�:-• „ \ I o,\i I 11 1\�\ \ 1, \ I z�� � ,20 .00 _ Scc� IF- yy _ WUSE ——— "°_ .2- f Ip I � s � �1 III � ,• �'�� @. �64`\ 2 e �" v _ _ o IN 1i l 15 z OCT-19-1999 12:22 E.G.RUD & SONS INC 612 796 6007 P.02i02 m �. I �•� I iii i]i 9j :°� I ----- --- I ---= L-------I l� ,- :: -•� i � i I Tom' �9`�:�''�. (Pr. ., II I II II If I A 1101 1 -_--- �- y' I - ----- EW QUMMJ,Imi iw.r"Ny HEATHER PLACE �-f ---------- , ----- ------ -- A ST slog I 3I in I Fi -- bt Rs 'FIS �e� t� r c ss 9 r a $ } sail IF � loil E —4+1 9a 9�� I TOTAL P.02 R f PLANNING COMMISSION MEETING, OCTOBER 6, 1999 PAGE 2 UPON A VOICE VOTE, AeANIMOUSLY.TING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED, 1. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT, P.S. #99- 05 BY KIM & GEORGE BATESON AND MARY & DENNIS PIETRINI: To divide property into four single-family lots, generally located at 6217 Central Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Mr. Hickok stated the petitioners are seeking to create four lots from Lots 20 and 21, Auditors Subdivision #22, and Outlots A and B, Heather Hills West, to construct four new single family homes. The property is located east of Central Avenue on Heather Place on the north side of the street. The property is zoned R-1, Single Family, as are the properties to the north, east and south. The zoning to the west is C-3, General Shopping. Mr. Hickok stated the property was platted in 1939. A home was built prior to 1949 and still exists on the site. As part of this development, this home will be removed. In 1997, there was an unsuccessful attempt to divide the property into seven lots. At that time, there was discussion about the outlot to the south of this property that separated the proposed lots from utilities. Those outlot issues have been rectified. Mr. Hickok stated the proposal meets or exceeds the size requirements of the Fridley zoning code. Therefore, staff recommends approval of the plat request, P.S. #99-05, with the following stipulations: 1 . Grading and drainage plan shall be approved by City's engineering staff prior to the issuance of any building permits in order to minimize the impacts to the surrounding properties. 2. The petitioner shall provide a 20-foot drainage and utility easement along easterly and southerly property lines of proposed Lot 4. 3. The petitioner shall provide a 12-foot drainage and utility easement along the northerly property line of proposed Lots 1, 2, 3 and 4. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. The petitioner shall pay $750 per lot park fees prior to issuance of building permits. 7. The petitioner shall pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6, 1999 CALL TO ORDER: Chairperson Savage called the October 6, 1999, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Diane Savage, Dave Kondrick, Brad Sielaff, Dean Saba, Connie Modig, Larry Kuechle Members Absent: LeRoy Oquist Others Present: Scott, Hickok, Planning Coordinator Paul Bolin, Planner Jean Schuldt, 5500 Norwest Center, Minneapolis, Minnesota George Bateson, 6196 Heather Place Mary Pietrini, 6177 Heather Circle Chuck Plowe, 2725 94th Avenue North, Brooklyn Park, Minnesota Robert Eibensteiner, 14 Ridge Road, St. Paul, Minnesota Josh Burtyk, 5861 Main Street N.E. Todd Raveling, 5861 Main Street N.E. Mavis Pries, 5905 Main Street N.E. Stacey Birtyk, 5861 Main Street N.E. Mr. & Mrs. Donale Copeland, 7781 Broad Avenue N.E. Steve Elwell, 6172 Heather Circle Virgil Brenny, 6187 Heather Circle Arie Martin, 6170 Heather Place Mr. & Mrs. Richard Janezich, 6171 Heather Place Jeff Saarela, 6190 Heather Circle Garland & Jane Logesse, 7951 Broad Avenue N.E. Brian Westover, 6274 Ben More Drive N.E. APPROVAL OF SEPTEMBER 15 1999 PLANNING COMMISSION MINUTES: Mr. Hickok stated on page 12, in the motion to recommend approval of Special Use Permit, SP #99-09, Stipulation #3 should read: 3. The property shall not be used as a place of storage or depository of wrecked, abandoned, or junked motor vehicles or the display of used motor vehicles or the sale or display of new motor vehicles. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the September 15, 1999, Planning Commission minutes as amended. PLANNING COMMISSION MEETING, OCTOBER 6, 1999 PAGE 3 Mr. Hickok reviewed the proposed site plan for the plat. Ms. Savage stated she looked at the area. Lot 4 is very steep. Is that a problem for building as far as the City is concerned? Mr. Hickok stated he has looked at the grades. The petitioner has worked with the builder and has determined there is a buildable site for a house. Mr. Kondrick asked if staff had received any comments from the neighbors. Mr. Hickok stated staff received six calls. All six callers supported the request. There were no objections. Mr. Bateson stated he is one of the petitioners, a citizen of Fridley and a resident of Heather Place. They bought their lot on Heather Place in 1990. One of their concerns was what would happen to the lot across the street. A builder owned the outlot and that would ensure that this property would be developed consistent with the quality and character of Heather Place. In 1997, there was a proposal to divide that property into six lots with a seventh lot to face Ben More. At that time, the residents of Heather Place realized they did not have a lot of control or influence over what was going to happen with that property. At that time, Dennis and Mary Pietrini and he and Ann stepped forward and agreed to purchase the outlots in Heather Place. Subsequent to that, they came to an agreement with the people involved with the other development and they now own all of the property. They are combining that to form Heather Hills North and to divide the property into four lots. It is their intention to develop these lots in a manner that is consistent with the character of Heather Place. Mr. Bateson showed photographs of existing homes in the area. The proposed homes will be of equivalent quality. They have joined forces with Bob Ebensteiner who will be the exclusive builder on these four lots. He is very committed to the quality of this development. He will look at the results every day of his life. The Commission should trust what he will do. He trusts that Dennis and Mary Pietrini will be proud of this development, and he believes the neighbors and citizens of Fridley will be proud of this development. He is asking for the continued guidance and support of City staff to develop this property so that it is consistent in character and quality with the neighborhood. He asked the Planning Commission for approval of the request. Ms. Savage asked if Mr. Bateson had received any feedback from the neighbors. Mr. Bateson stated he has met with the neighbors and presented the preliminary proposal. Their acceptance and support of the proposal was quite strong. He received no feedback to not go ahead or that they were not happy. Mr. Kondrick asked if Mr. Bateson had any objections to the stipulations. PLANNING COMMISSION MEETING, OCTOBER 6, 1999 PAGE 4 Mr. Bateson stated he was surprised about the 20-foot easement; but now that he understands the issues with the water lines, it is okay. It is quite a large lot so they can work around that. After working with the engineers, it will not be a problem. Ms. Savage asked if he had any problems with the stipulation regarding the trees. Mr. Bateson stated he had no real problem with the stipulation. Some trees will be removed. They want to keep these lots as much of quality lots as possible. Trees are a component in that equation. They plan to leave as many trees as possible. Some grading must be done and some trees will be removed. On Lots 3 and 4, just the street driveways have to be graded. Knowing that these will be large lots, he thought there would be more trees left than what is normal. He is willing to work with the City. Mr. Westover stated that, in general, he has no complaints. He was wondering what the impact would be to Ben More Drive in the near future and in the long term. Mr. Hickok stated that at the time the proposal for seven lots was being considered, there was discussion that would put a 30-foot easement off Ben More on the northern edge of what is now Lot 4. The City Council felt that one day utilities may need to run off Ben More but not a street. Based on that discussion and knowledge of the contours, he can say with some certainty that a street connection would not be made there. This development would have less impact on Ben More than the previous proposal. From an impact perspective, that neighborhood will have much the same feel as it has now. Mr. Westover stated there is an unbuildable lot behind Lot 4. What happens to that lot? Mr. Hickok stated there is a lot to the north of the proposed Lot 4. That lot does have a public right-of-way on the southeast corner that comes across 25 feet. If there was street development in that area, he would have concerns about the contours. It is not landlocked, but he thought that piece's future probably depends on a very specific design or having that become part of some larger development in the future. Ms. Martin stated she would like to express her support for the proposal. She and her husband reviewed the plan at Mr. & Mrs. Pietrini's house. Mr. Bateson took them through it. They are familiar with the builder and the builder's quality of homes. She thought it would be a great addition to Fridley. She looks at that area with great pride. She was not happy about the previous proposal but supports this plan. Mr. Saarela stated he lives on the corner. He would like to eliminate the formal setting and put everyone around his kitchen table because this is how it feels. This is a great conclusion to a proposal that has good feelings from the property owners. To have the petitioners come in and alleviate a problem for everybody on such a moral and ethical premise, he compliments them and the neighbors. They have done well. Mr. Janezich stated he was in favor of the request. He is very proud to be a part of Heather Place. They moved there five years ago. It is one of the better places in the metro area. He is very proud that Ann and George Bateson and Mary and Dennis Pietrini have stepped forward to put resolution to this issue that has been going on for PLANNING COMMISSION MEETING, OCTOBER 6, 1999 PAGE 5 about two years. The Commission can be confident that this will be a quality addition to the City of Fridley. Mr. Brenny stated he was in agreement with everything that has been said. The Batesons and Pietrinis have done a tremendous act of charity to the neighborhood and the City. He appreciated the efforts of the City, and hoped the Commission and City Council would approve the proposal. MOTION by Mr. Kondrick, seconded by Mr. Saba, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:58 P.M. Mr. Kuechle stated the request meets the spirit of what the City is looking for in terms of size. It meets the requirements of the code. They have been involved with and have worked with the neighborhood. He would recommend approval. Mr. Kondrick stated he agreed and likes the spirit of the development. The neighbors share in the same kind of spirit. That is a lovely area. He would approve the request. MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to recommend approval of a Plat, P.S. #99-05, by Kim and George Bateson and Mary and Dennis Pietrini, to divide property into four single family lots, generally located at 6217 Central Avenue N.E., with the following stipulations: 1. Grading and drainage plan shall be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. The petitioner shall provide a 20-foot drainage and utility easement along easterly and southerly property lines of proposed Lot 4. 3. The petitioner shall provide a 12-foot drainage and utility easement along the northerly property line of proposed Lots 1, 2, 3 and 4. 4. The petitioner shall provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. The petitioner to pay $750 per lot park fees prior to issuance of building permits. 7. The petitioner to pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on October 25. PLANNING COMMISSION MEETING, OCTOBER 6, 1999 PAGE 6 2. PUBLIC' HEARING: CONSIDERATION OF PRELIMINARY PLAT, P.S. #99-06, BY KURT MANUFACTURING COMPANY: To replat r the purpose of purchasing a portion of the railroad right-of-way, generally to ated south of 1-694 and Industrial Boulevard, and Ashton Avenue. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED-AND THE PUBLIC HEARING OPEN AT 8:00 P.M. Mr. Bolin stated Kurt Manufacturing is seeking a plat to add property they have acquired from the Burlington Northern-Santa Fe railroad to their existing property. The property is zoned M-2, Heavy Industrial, and is surrounded by other industrial uses. Across the street to the east is R-1, Single Family, zoning. Mr. Bolin stated the property was platted in 1941. In 1959, Kurt constructed its first building. In 1960, 1963 and 1965,warehouses were added. In 1965, 1966 and 1975, additions were made to the site. Mr. Bolin stated staff is recommending approval of the request. One of the stipulations requires combining the parcel with the existing property prior to final plat approval. Staff first thought the property acquired was vacant. As it turns out, the property is not vacant. Kurt has been using the site for ` pproximately 15 years for parking. It is paved, and there is bituminous curb around porti s of the site. Even with the property they have acquired, it appears there is still prop rty that will be leased from the railroad. Mr. Bolin stated staff recommends approval o,the request with the following stipulations: 1. At the time any future parking improvements are made, code required curbing shall be installed. 2. The petitioner shall provide a 25-foot drainage and utility easement along the easterly property line of proposed Lot 1. 3. The petitioner shall combine this lot with existing property prior to final plat. 4. The petitioner shall pay applicable park dedication fees prior to issuance of any permits. Mr. Bolin reviewed an aerial photo and the preliminary pla It appears that part of the existing parking lot lies outside the area of this acquired pa el. Ms. Modig asked if the area that lies outside the acquired pro erty is between the railroad and the manufacturing area. Mr. Bolin stated, yes. Kurt can continue leasing property from the;,railroad. Mr. Kuechle asked if they meet the parking requirements. Fra—wi AGENDA ITEM r rok CITY COUNCIL MEETING OF OCTOBER 25, 1999 7FRIDLOEyF Date: 10/15/99 To: William Burns, City Manager(�' From:Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planning Assistant RE: Planning Commission action on PS #99-05 M-99-250 INTRODUCTION Petitioner is seeking to create 4 separate lots from Lots 20 & 21, Auditors Subdivision #22 and Outlots A& B, Heather Hills West, (former Skinner property) in order to construct 4 single family homes. Currently there is an older home and garage located on the western portion of the lot, which was built prior to 1949. The existing home will be razed and replaced. In 1997, PS #97-07, a proposal to divide this property into 6 buildable lots was denied. That proposal failed because the petitioner did not own the Outlots A& B that give the property the necessary right of way to be considered buildable. PLANNING COMMISSION ACTION At the October 6, 1999 Planning Commission meeting, a public hearing was held for PS#99-05. A motion was made to approve preliminary plat, PS#99-05, to allow the property located at approximately 6217 Central Avenue to be platted into four lots. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMENDATION City Staff recommends that the City Council concur with the Planning Commission and grant the proposed preliminary plat request, PS#99-05, with stipulations as presented. Staff recommends that the following stipulations be attached to the preliminary plat approval. 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a 20' drainage and utility easement along easterly and southerly property lines of proposed Lot 4. 3. Petitioner shall provide a 12' drainage and utility easement along the northerly property line of proposed lots 1,2,3, &4. 4. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner to pay$750 per lot park fees prior to issuance of building permits. 17 7. Petitioner to pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. 18 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 6, 2000 LR17DLOEY DATE: March 1, 2000 TO: William W. Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Development Agreement for the Heather Hills North Addition On October 25, 1999, the City Council approved the Heather Hills North Addition preliminary plat at the northeast Corner of Old Central and Heather Place. At a August 9th meeting on a similar plat, City Attorney, Fritz Knaak, suggested that due to the complexity and number of stipulations, that a development agreement be required to be filed with the plat. To be consistent with that plat, staff has prepared an agreement for Heather Hills North. That development agreement has been attached for your review and approval. RECOMMENDATION Staff recommends approval of the enclosed development agreement as submitted. M-00-39 35 AGENDA ITEM CITY COUNCIL MEETING OF MARCH 6, 2000 CrFY OF FRIDLEY DATE: March 1, 2000 R TO: William W. Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Final Plat for Heather Hills North On October 25, 1999, the City Council approved the Heather Hills North preliminary plat to create four lots at the northeast Corner of Old Central and Heather Place. The Planning Commission reviewed and recommended approval of this request at that meeting. Staff has reviewed the Final Plat mylars and has confirmed the accuracy of the document as it relates to both City and County requirements. RECOMMENDATION Staff recommends approval of the enclosed plat with the 8 stipulations approved with the preliminary plat. M-00-40 42 CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 10 Mayor Jorgenson stated that Ms. Locker has an opportunity to come an listen to the budget message and to offer comments at that time. The information is presented on cable television, in Focus News, and people can request that they be in rmed. Mayor Jorgenson stated that at this time, Council needed to move n to the other items in the agenda. She thanked everyone for coming. APPROVAL OF CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1134 TO AMEND T CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY MA NG A CHANGE IN ZONING DISTRICTS REZONING REOUEA ZOA #99-04 BY BRIAN AND JACQUELINE BONA ARD 1 : Mr. Burns, City Manager, explai d that the subject property is located at 5333 University Avenue. The rezoni g is from R-3, Multi-Family Residential to C-2, General Commercial. The rezoning would allow the construction of an automobile service garage. ouncil approved the first reading of this ordinance at their meeting on October 1 Staff recommended approval of the second and final reading. APPROVED ORDI ANCE NO. 1134. 2. RECEIVE THE PLANNING COMMISSION MEETING MINUTES OF OCTOBER 6 99: Mr. Burns, ty Manager, explained that this was consideration of a motion to receive the anning Commission meeting minutes of October 6, 1999. RECEI D PLANNING COMMISSION MEETING MINUTES OF OCTO ER 6, 1999. 3. PRELIMINARY PLAT REQUEST, PS #99-05, BY KIM AND GEORGE BATESON AND MARY AND DENNIS PIETRINI TO DIVIDE PROPERTY INTO FOUR SINGLE-FAMILY LOTS, GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, explained that the area being platted is 2.25 acres located along Old Central Avenue just north of Heather Hills on what has commonly been referred to as the Skinner property. The plat includes four large lots that range in size from 19,154 square feet to 32,495 square feet. Access to the plat will be from the existing street (Heather Place). There are no plans to connect this street with Ben Moore Drive to the northeast. Staff asked the petitioner to provide easements along the southern and eastern borders of the plat for future CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 9 Mr. John Howard, 7549 Tempo Terrace, stated that he was one of the people/and get signatures. He felt the City would be wasting more taxpayers' money. Mr. Francis Adam van Dan, 6342 Baker Avenue, stated that he has a law de extensive experience and knowledge with the law. He felt there were a few misunderstandings. He said it violates the State Constitution to grant franchise fee to all of the businesses that have been in Fridley before the City beca e pro-rated. The State recognizes that you cannot levy a fee except to offset the exp ses administered in the franchise. Any other thing is illegal. You must go to the egislature and ask for permission to levy any tax that you want. The Council h the authority to grant franchises, but it is not for election power. Mayor Jorgenson stated that the Legislature gave them e constitutional authority to do this. They had a franchise agreement with one of th tility companies prior to the new one that has just been enacted this summer. There e at least a dozen other communities that are doing this. Mr. Knaak stated that Mr. van Dan was corre t in saying that fees can only be levied for offset expenses. This was an express exce ion in the Statute. The Statute provides that it can be levied for the purpose of obtai . g those costs or other purposes. The Statute allows the City also to use it for a reven e source. Mr. van Dan stated that he wondere if the Supreme Court would sustain that. Mr. Knaak stated that it was sp led out very plainly in the Statute. He believed it had been challenged and held up. Ms. Dawn Locker, 6856 nroe Street, asked if the five monument signs for the City of Fridley has anything to with the levy. She felt that Fridley was beautiful just as it is. The monument signs ar unnecessary. The expenditures have to stop. Councilmember Bo com stated that there are six monument signs. Different service organizations hav donated money for them. A small portion was being spent by the City for the easement to put the monuments on. Mayor Jorge on stated that the monuments were a gift to the City of Fridley for the 50"' Anniversary from the service organizations. Mayor Jorgenson stated that the City Council, o the public has elected, makes the decisions and does not turn all of the decision over to the public. Ms. cker stated that when the City of Fridley asks the citizens for money, the City sho d ask citizens before they spend money on places where the citizens are not sure the want it. r CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 11 looping of water and sewer line. The petitioner was also required to have all trees that are to be removed approved by staff. The preliminary plat was approved by the Planning Commission at their October 6 meeting without any objection from any neighbors. Staff recommended Council's approval along with the following eight stipulations: 1) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties; 2) Petitioner shall provide a 20 foot drainage and utility easement along easterly and southerly property lines of proposed lot 4; 3) Petitioner shall provide a 12 foot drainage and utility easement along the northerly property line of proposed lots 1, 2, 3, and 4; 4) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed; 5) During construction, silt fencing shall be used where applicable; 6) Petitioner to pay $750 per lot park fees prior to issuance of building permits; 7) Petitioner to pay all water and sewer connection fees; and 8) The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by staff prior to issuance of building permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-05. 4. PRELIMINARY PLAT REQUEST, PS #99-06 BY KURT MANUFACTURING C PANY TO REPLAT FOR THE PURPOSE OF PURCHASING A POR ON OF THE RAILROAD RIGHT-OF-WAY GENERALLY LOCATEN SOUTH OF INTERSTATE 694 AND INDUSTRIAL BOULEVARN AND ASHTON AVENUE WARD 3): Mr. Burns, City Manager, explai d that Kurt Manufacturing asked to combine 19,631 square feet (.45 acres) they acquired from the Burlington Northern Rail Road with their property at 5280 Mai Street. The new property is non-buildable due to the location of water and sewer ines. Kurt's intent was to use the area for parking. The Planning Commission gave their approval to the proposed preliminary plat request at their Octobe 6 meeting. There were no objections raised by neighboring property owners. aff recommended Council's approval of the request with the following stipulations 1) Grading and drainage plan to be approved by the City's engineering staff prio to the issuance of any permits for the parking lot; 2) Parking lot to be constru ted to City Code standards; 3) Petitioner shall provide a 25 foot drainage and tility easement along easterly property line of proposed Lot 1; 4) Petitioner shall ombine this lot with existing property prior to final plat; and 5) Petitioner to pay ap icable park dedication fees prior to issuance of any permits. APPROVED PRELIMINARY PLAT REQUEST, PS # -06. s , CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 12 5. VARIANCE REOU ,ST, VAR #99-27 BY TOM BRAMA TO REDUCE THE REQUIRED IDE YARD SETBACK FOR AN ACCESSORY BUILDING FROM tIVE FEET TO THREE FEET TO ALLOW THE CONSTRUCTION Olk A GARAGE GENERALLY LOCATED AT 1284 NORTON AVENUE M ARD 2): Mr. Burns, City Manager, explained that the variance was needed to allow the construction of an eight un garage structure at the above address. The garages would serve the seven-uni apartment building that Mr. Brama has recently acquired. The garages w uId be effectively screened from the adjoining Medtronic property to the uth by a stand of evergreens. The Appeals Commission considered the i em without objection from neighbors at their October 13 meeting. Staff re ommended Council's approval, subject to the following stipulations: 1) Petiti ner shall obtain any required permits prior to beginning construction; 2) Staff s 11 approve the design and location of garbage dumpster and recycling container nclosure prior to the issuance of a building permit. APPROVED VARIANCE REQUES , VAR#99-27. 6. RESOLUTION NO. 84-1999 FOR LOT SPLIT LS #99-03 BY THE FRIDLEY HOUSING AND REDEVEL PMENT AUTHORITY TO SPLIT THE NORTH 20 FEET OF LOT 29 H E PARK ADDITION AND SELL PROPERTY TO THE ADJACENT NEI HBOR AT 5861 MAIN STREET (WARD 3): Mr. Burns, City Manager, stated that the prop y to be split is located at 5857 Main Street. It was acquired by the Fridle Housing and Redevelopment Authority (HRA) as part of its scattered site quisition program. By this evening's action the City would be splitting off th northernmost 20 feet of this parcel and selling it to the adjoining property own e at 5861 Main Street. We would also be declaring the property at 5861 Main Stre t to be a conforming lot in an S-1 district. The lot split allows the HRA to main in a conforming 60 feet wide lot in S-1 district. At the same time, the attachm nt of the 20 feet to the neighboring corner property would bring it close enou h (63.25 feet) to the required 65 feet for a corner lot in S-1 district to accept it a conforming. The lot split and the declaration of conforming status were appro ed by the Planning Commission at their October 6 meeting. Staff recom ended Council's concurrence. APPROVED RESOLUTION NO. 84-1999. 7. RESOLUTION NO. 85-1999 FOR A VACATION REQUEST, S V #99-06 BY THE CITY OF FRIDLEY TO VACATE THAT POR ON OF CHERYL STREET LYING EASTERLY OF THE SOLtTHERN FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 4 4. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANN L. BATESON, GEORGE F. BATESON, MARY E. PIETRINI AND DENNIS J. PIETRINI FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a motion to approve a development agreement between the City of Fridley and George F. Bateson, et al., for property located at the northeast corner of Old Central Avenue and Heather Place. Mr. Knaak, City Attorney, suggested that the stipulations for the George Bateson plat be incorporate into a separate development agreement. Staff recommended the development agreement for Council's approval. APPROVED DEVELOPMENT AGREEMENT. 5. RESOLUTION NO. 22-2000 APPROVING A PLAT, PS #99-05, BY GEORGE BATESON ANN BATESON DENNIS PIETRINI AND MARY PIETRINI TO REPLAT PROPERTY TO ACCOMMODATE FOUR SINGLE FAMILY RESIDENTIAL LOT GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a resolution approving a plat for George Bateson, et al., for four lots located at the corner of Old Central Avenue and Heather Place. On October 25, 1999, Council approved the Heather Hills North preliminary plat that creates four new single-family lots at the northeast corner of Old Central and Heather Place. Staff reviewed the final plat mylars and confirmed the accuracy of the document as it relates to both City and County requirements. The Planning Commission reviewed and approved the final plat for this project at their February 15 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 22-2000 WITH THE FOLLOWING EIGHT STIPULATIONS: 1) GRADING AND DRAINAGE PLANS TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 2) PETITONER SHALL PROVIDE A 20 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINES OF PROPOSED LOT 4; 3) PETITIONER SHALL PROVIDE A 12-FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY PROPERTY LINE OF PROPOSED LOTS 1, 2, 3 AND 4; 4) PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 5) DURING CONSTRUCTION, SILT FENCING SHALL BE USED WHERE APPLICABLE; 6) PETITIONER SHALL PAY $750 PER LOT PARK FEE PRIOR TO ISSUANCE OF BUILDING PERMITS; 7) PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES; AND 8) THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO X FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6 2000 IV AGE 3 OLD BUSINESS: 1. SECOND READING OF ORDINANCE NO. 1137 REPEALINI CHAPTER 31 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 31 ENTITLED "PAWN SHOPS" AND AMtNDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GEN L PROVISIONS AND FEES:" Mr. Burns, City Manager, explained that staff w proposing to rewrite the City's pawnshop ordinance in conjunction with particip ion in the Minneapolis Automated Pawn System. The most significant of the ch ges is a change in the fee schedule. Currently, there is a licensing fee that ranges etween $10,000 and $15,000 for three classes of pawn shops. The new legislation es blishes a $3,000 annual license fee for all pawnshops and a $1.50 transaction fee for very transaction recorded in a pawn shop. The Public Safety Director expects th the combination of license fees and the transaction fees would be sufficient to llow the City to receive the same amount of revenue under the new ordinance as ' was receiving under the old ordinance. Staff recommended Council's approval. WAIVED THE READING AN ADOPTED ORDINANCE NO. 1137 ON THE SECOND READING AND O ERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE MINUT S OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 2000: RECEIVED THE M UTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 20 3. RESOLUTION O. 21-2000 APPROVING A SUBDIVISION LOT SPLIT LS #00-01 TO ESTABLISH TWO INDIVIDUAL PARCELS ON THE PROPERTY GENERALLY AOCATED AT 1491 RICE CREEK ROAD BY K. ROBERT FINNAMO ARD 2): Mr. Burns, ity Manager, stated that this was consideration of a motion approving a subdivision lot split for property located at 1491 Rice Creek Road. The proposed split was reque ted by K. Robert Finnamore to allow the construction of a new single family home. T e Planning Commission reviewed and approved the request at their February 15 meeting Staff recommended Council's approval. ADO TED RESOLUTION NO. 21-2000 APPROVING A SUBDIVISION, LOT SPL , LS #00-01, TO ESTABLISH TWO INDIVIDUAL PARCELS ON THE PR PERTY, GENERALLY LOCATED AT 1491 RICE CREEK ROAD. � A FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6, 2000 PAGE 5 THE EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW HOMES SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF BUILDING PERMITS. 6. APPROVE AGREEMENT FOR 2000 RESIDENTIAL RECYCLING PROGRAM BETWEEN THk CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City nager, stated that this was consideration of a motion approving an agreement between e City of Fridley and Anoka County regarding the City's 2000 residential recycling p ogram. The agreement allows the City to receive up to $75,218.56 in State Score Funds om Anoka County for our residential recycling program. The agreement is an extens n of the 1999 agreement that establishes recycling program requirements, reporting equirements, billing and payment procedure for receipt of S.C.O.R.E. funds and financial record keeping requirements. Staff proudly noted that the recycling program has steadily increased recycled tonnage since its inception. Staff recommended approval of this agreement. APPROVED AGREEMENT�OR 2000 RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA. 7. APPROVE AGREEMENT FOR SERVICES BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNT COMMUNITY CORRECTIONS: Mr. Burns, City Manager, stated that is was consideration of a motion approving an agreement for services between the City of Fridley and Anoka County Community Corrections. This agreement provides fi� "diversion hearings" as an alternative to the formal juvenile court system for first-timeuvenile offenders in Fridley. Under the terms of the contract with the County, the City uses the County's Juvenile Accountability Incentive Block Grant to pay the salary of a pert-time diversion hearing officer who holds hearings approximately twenty hours per week�\The hearings are for youth referred to the City by the County Juvenile Court System. Th'ey are youth who have committed minor offenses such as truancy, underage use of alcohol and tobacco and curfew violations. The hearing would also be used for minor criminal v4olations such as shop lifting. The hearings are held either here or at school district property and are attended by our hearing officer, Ms. Yaeger; the youth; the youth's parents; an�a school representative in truancy cases. In shoplifting cases, a representative of the ste where shoplifting occurred is often present. The hearings offer an alternative to the rst-time underage offender and allows them to avoid establishing a criminal record. he City's Project Safety Net outreach workers conduct post-hearing follow-up to ma e sure that compliance with hearing goals is achieved. Staff recommended Council's ap oval. APPROVED AGREEMENT FOR SERVICES BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMUNITY CORRECTIONS. i FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6 2000 P GE 6 8. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY D STORM SEWER LINING PROJECT NO. 329: Mr. Burns, City Manager, stated that this was consideration of a in ion to receive bids and award a contract for sanitary and storm sewer lining. The to bidder for the City's 2000 storm sewer and sanitary sewer lining program is Lametti Sons, Inc. from Hugo, Minnesota. Staff recommended that Council receive the bids d award the contract to Lametti & Sons in the amount of$201,515. This amount is ell below the $240,000 that was budgeted. RECEIVED BIDS AND AWARDED THE CONT CT FOR SANITARY AND STORM SEWER LINING PROJECT NO. 329 T LAMETTI & SONS, INC., IN THE AMOUNT OF $201,515. 9. RECEIVE BIDS AND AWARD CON RACT FOR MISCELLANEOUS CONCRETE CURB AND GUTTER PROJFICT NO. 330: Mr. Burns, City Manager, stated that this as consideration of a motion to receive bids and award a contract for miscellaneous ncrete curb and gutter installation. The low bidder for the City's 2000 miscellan ous, curb and gutter program is Ron Kassa Construction of Elko, Minnesota. Sta recommended that Council receive the bids and award the contract to Ron Kassa Con ruction in the amount of$54,537.50. This amount falls within the amount that was bu eted. RECEIVED BIDS AND AW ED THE CONTRACT FOR MISCELLANEOUS CONCRETE CURB AND UTTER PROJECT NO. 330 TO RON KASSA CONSTRUCTION IN THE MOUNT OF $54,537.50. 10. RECEIVE BIDS A AWARD CONTRACT FOR 2000 STREET IMPROVEMENT SE COAT PROJECT NO. ST. 2000-10: Mr. Burns, City Man er, stated that this was consideration of a motion to receive bids and award a contract or the 2000 sealcoat project. The low bidder for the 2000 sealcoat program was Allie Blacktop Company of Maple Grove, Minnesota. The streets to be sealcoated lie bet een University Avenue and the City's border with New Brighton. The southern bound for the project is the Columbia Heights border. The northern boundaries are generally Hathaway Lane and 61" Avenue. Staff recommended that Council recei e the bids and award the contract to Allied Blacktop Company in the amount of$1 7,988.37. This number is well within the$180,000 that was budgeted. RECEIV BIDS AND AWARDED THE CONTRACT FOR 2000 STREET IMPRO EMENT PROJECT NO. ST. 2000-10 TO ALLIED BLACKTOP COMP NY IN THE AMOUNT OF $137,988.37. i 3 -30 -a c/ 6� STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Final Plat, PS #99-05 Owner: George F. Bateson, Ann L. Bateson, Dennis Pietrini, and Mary Pietrini The above entitled matter came before the City Council of the City of Fridley and was heard on the 6th day of March, 2000, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To replat the property to accommodate four single family residential lots, legally described as Auditors Subdivision No. 22 City of Fridley Lots 20 & 21, generally located at the northeast corner of Old Central and Heather Place. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 8 stipulations. See City Council meeting Minutes of March 6, 1999. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that have compared the foregoing copy and Order granting a subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the :2'34'� day of `MaA,c.-, 200Q DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Debra A. Skogen, City Cler �Jw .y p.. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6 2000 AGE 3 OLD BUSINESS: 1. SECOND READING OF ORDINANCE NO. 1137 REPEALLCHAPTER 31 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTING A NEW CHAPTER 31 ENTITLED "PAWN SHOPS" AND AN NDING CHAPTER 11 OF THE FRIDLEY CITY CODE ENTITLED "GEN L PROVISIONS AND FEES:" Mr. Burns, City Manager, explained that staff w proposing to rewrite the City's pawnshop ordinance in conjunction with particip ion in the Minneapolis Automated Pawn System. The most significant of the ch ges is a change in the fee schedule. Currently, there is a licensing fee that ranges etween $10,000 and $15,000 for three classes of pawn shops. The new legislation es blishes a $3,000 annual license fee for all pawnshops and a $1.50 transaction fee for very transaction recorded in a pawn shop. The Public Safety Director expects th the combination of license fees and the transaction fees would be sufficient to llow the City to receive the same amount of revenue under the new ordinance as ' was receiving under the old ordinance. Staff recommended Council's approval. WAIVED THE READING AN ADOPTED ORDINANCE NO. 1137 ON THE SECOND READING AND O ERED PUBLICATION. NEW BUSINESS: 2. RECEIVE THE 1NIINUT S OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15. 2000: RECEIVED THE M UTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 20 . 3. RESOLUTION O. 21-2000 APPROVING A SUBDIVISION LOT SPLIT LS #00-01 TO ESTABLISH TWO INDIVIDUAL PARCELS ON THE PROPERTY GENERALLY LOCATED AT 1491 RICE CREEK ROAD BY K. ROBERT FINNAMO ARD 2): Mr. Burns, ity Manager, stated that this was consideration of a motion approving a subdivision lot split for property located at 1491 Rice Creek Road. The proposed split was reque ed by K. Robert Finnamore to allow the construction of a new single family home. T e Planning Commission reviewed and approved the request at their February 15 meeting Staff recommended Council's approval. ADO TED RESOLUTION NO. 21-2000 APPROVING A SUBDIVISION, LOT SPL , LS #00-01, TO ESTABLISH TWO INDIVIDUAL PARCELS ON THE PR PERTY, GENERALLY LOCATED AT 1491 RICE CREEK ROAD. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6 2000 PAGE 4 4. APPROVE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF FRIDLEY AND ANN L. BATESON, GEORGE F. BATESON, MARY E. PIETRINI AND DENNIS J. PIETRINI FOR PROPERTY GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE (WARD 2): Mr. Burns, City Manager, stated that this was consideration of a motion to approve a development agreement between the City of Fridley and George F. Bateson, et al., for property located at the northeast corner of Old Central Avenue and Heather Place. Mr. Knaak, City Attorney, suggested that the stipulations for the George Bateson plat be incorporate into a separate development agreement. Staff recommended the development agreement for Council's approval. APPROVED DEVELOPMENT AGREEMENT. 5. RESOLUTION NO 22-2000 APPROVING A PLAT PS #99-05 BY GEORGE BATESON ANN BATESON DENNIS PIETRINI AND MARY PIETRINI TO REPLAT PROPERTY TO ACCOMMODATE FOUR SINGLE FAMILY RESIDENTIAL LOT, GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE (WARD 2): Mr. Burns, Citv Manager, stated that this was consideration of a resolution approving a plat for George Bateson, et al., for four lots located at the comer of Old Central Avenue and Heather Place. On October 25, 1999, Council approved the Heather Hills North preliminary plat that creates four new single-family lots at the northeast corner of Old Central and Heather Place. Staff reviewed the finalm P lat Lars and confirmed the Y accuracy of the document as it relates to both City and County requirements. The Planning Commission reviewed and approved the final plat for this project at their February 15 meeting. Staff recommended Council's approval. ADOPTED RESOLUTION NO. 22-2000 WITH THE FOLLOWING EIGHT STIPULATIONS: 1) GRADING AND DRAINAGE PLANS TO BE APPROVED BY CITY'S ENGINEERING STAFF PRIOR TO THE ISSUANCE OF ANY BUILDING PERtiIITS, IN ORDER TO MINIMIZE IMPACTS TO THE SURROUNDING PROPERTIES; 2) PETITONER SHALL PROVIDE A 20 FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE EASTERLY AND SOUTHERLY PROPERTY LINES OF PROPOSED LOT 4; 3) PETITIONER SHALL PROVIDE A 12-FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE NORTHERLY PROPERTY LINE OF PROPOSED LOTS 1, 2, 3 AND 4; 4) PROVIDE PROOF THAT ANY EXISTING WELLS OR INDIVIDUAL SEWAGE TREATMENT SYSTEMS LOCATED ON THE SITE ARE PROPERLY CAPPED OR REMOVED; 5) DURING CONSTRUCTION, SILT FENCING SHALL' BE USED WHERE APPLICABLE; 6) PETITIONER SHALL PAY $750 PER LOT PARK FEE PRIOR TO ISSUANCE OF BUILDING PERMITS; 7) PETITIONER TO PAY ALL WATER AND SEWER CONNECTION FEES; AND S) THE PETITIONER SHALL AGREE TO PRESERVE MATURE TREES TO FRIDLEY CITY COUNCIL MEETING MINUTES OF INIARCH 6, 2000 PAGE 5 THE EXTENT POSSIBLE. ALL TREES REQUIRED TO BE REMOVED FOR THE NEW HOMES SHALL BE MARKED AND APPROVED BY CITY STAFF PRIOR TO ISSUANCE OF BUILDING PERMITS. 6. APPROVE AGREEMENT FOR 2000 RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA: Mr. Burns, City nager, stated that this was consideration of a motion approving an agreement between e City of Fridley and Anoka County regarding the City's 2000 residential recycling p ogram. The agreement allows the City to receive up to 575,218.56 in State Score Funds om Anoka County for our residential recycling program. The agreement is an extens n of the 1999 agreement that establishes recycling program requirements, reporting equirements, billing and payment procedure for receipt of S.C.O.R.E. funds and financial record keeping requirements. Staff proudly noted that the recycling program has steadily increased recycled tonnage since its inception. Staff recommended approval of this agreement. APPROVED AGREEMENT�OR 2000 RESIDENTIAL RECYCLING PROGRAM BETWEEN THE CITY OF FRIDLEY AND THE COUNTY OF ANOKA. 7. APPROVE AGREEMENT FOR SERVICES BETWEEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMUNITY CORRECTIONS: Mr. Burns, City Manager, stated thatis was consideration of a motion approving an agreement for services between the City of Fridley and Anoka County Community Corrections. This agreement provides for "diversion hearings" as an alternative to the formal juvenile court system for first-time juvenile offenders in Fridley. Under the terms of the contract with the County, the City`,uses the County's Juvenile Accountability Incentive Block Grant to pay the salary of a part-time diversion hearing officer who holds hearings approximately twenty hours per week:,\The hearings are for youth referred to the City by the County Juvenile Court System. They are youth who have committed minor offenses such as truancy, underage use of alcohol and tobacco and curfew violations. The hearing would also be used for minor criminal 'olations such as shop lifting. The hearings are held either here or at school district pro rty and are attended by our hearing officer, Ms. Yaeger; the youth; the youth's parents; an a school representative in truancy cases. In shoplifting cases, a representative of the st re where shoplifting occurred is often present. The hearings offer an alternative to the rst-time underage offender and allows them to avoid establishing a criminal record. he City's Project Safety Net outreach workers conduct post-hearing follow-up to ma a sure that compliance with hearing goals is achieved. Staff recommended Council's ap oval. APPROVED AGREEMENT FOR SERVICES BET EEN THE CITY OF FRIDLEY AND ANOKA COUNTY COMMUNITY COR14CTIONS. FRIDLEY CITY COUNCIL MEETING MINUTES OF MARCH 6 2000 P GE 6 8. RECEIVE BIDS AND AWARD CONTRACT FOR SANITARY :;D STORM SEWER LINING PROJECT NO. 329: Mr. Burns, City Manager, stated that this was consideration of a m ion to receive bids and award a contract for sanitary and storm sewer lining. The to bidder for the City's 2000 storm sewer and sanitary sewer lining program is Lametti Sons, Inc. from Hugo, Minnesota. Staff recommended that Council receive the bids nd award the contract to Lametti & Sons in the amount of$201,515. This amount is ell below the $240,000 that was budgeted. RECEIVED BIDS AND AWARDED THE CONT 4CT FOR SANITARY AND STORM SEWER LINING PROJECT NO. 329 T LANIETTI & SONS, INC., IN THE AMOUNT OF $201,515. 9. RECEIVE BIDS AND AWARD CON RACT FOR MISCELLANEOUS CONCRETE CURB AND GUTTER PROJ19CI NO. 330: Mr. Burns, City Manager, stated that this as consideration of a motion to receive bids and award a contract for miscellaneous ncrete curb and gutter installation. The low bidder for the City's 2000 miscellan ous, curb and gutter program is Ron Kassa Construction of Elko, Minnesota. Sta recommended that Council receive the bids and award the contract to Ron Kassa Con ruction in the amount of$54,537.50. This amount falls within the amount that was bu -,eted. RECEIVED BIDS AND AW ED THE CONTRACT FOR MISCELLANEOUS CONCRETE CURB AND UTTER PROJECT NO. 330 TO RON KASSA CONSTRUCTION IN THE AMOUNT OF $54,537.50. 10. RECEIVE BIDS Al AWARD CONTRACT FOR 2000 STREET IMPROVEMENT SE COAT PROJECT NO. ST. 2000-10: Mr. Burns, City Man er, stated that this was consideration of a motion to receive bids and award a contract or the 2000 sealcoat project. The low bidder for the 2000 sealcoat program was Allie Blacktop Company of Maple Grove, Minnesota. The streets to be sealcoated lie be een University Avenue and the City's border with New Brighton. The southern bound for the project is the Columbia Heights border. The northern boundaries are generally Hathaway Lane and 61S` Avenue. Staff recommended that Council recei e the bids and award the contract to Allied Blacktop Company in the amount of$1 7,988.37. This number is well within the $180,000 that was budgeted. RECEIV BIDS AND AWARDED THE CONTRACT FOR 2000 STREET IMPRO MENT PROJECT NO. ST. 2000-10 TO ALLIED BLACKTOP COMP NY IN THE AMOUNT OF $137,988.37. RESOLUTION NO. 22-2000 RESOLUTION APPROVING A PLAT, PS #99-059 BY GEORGE BATESON,ANN BATESON,DENNIS PIETRINI,AND MARY PIETRINI TO REPLAT PROPERTY TO ACCOMMODATE FOUR SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE. WHEREAS,the Planning Commission held a public hearing on October 6, 1999, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for the HEATHER HILLS NORTH at their October 25, 2000,meeting,with stipulations attached as Exhibit A; and WHEREAS, the City recognizes that the HEATHER HILLS NORTH replaces the former Lots 20 and 21,Auditor's Subdivision Number 22; and WHEREAS, a copy of the HEATHER HILLS NORTH has been attached as Exhibit B. NOW, THEREFORE,BE IT RESOLVED, that the City Council approves the Final Plat for HEATHER HILLS NORTH and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY `'COUNCIL OF TIHE CITY OF FILEDL i'Y THIS 6TH DAY OF MARCH,2000. KA�CY J G S -MAYOR ATTEST: DE RA A. SKOGEN- EITY CLERK ABSTRACT Receipt# �� � i4•$a ❑ Certified Copy DOCUMENT NO. 1492688 . 0 ABSTRACT DaterTime: Date Mailed ANOKA COUNTY MINNESOTA 3 3a / �tD' / ❑ Tax Liens/Releases I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Doc.Order of r MAR 30 2000 ❑ Multi-Co Doc Tax Pd FOR RECORD ON ./by: Pins: ITZ AT 4 : 59 PM AN�TDU�6ECORDED. FEES AND TAXES IN THE AMOUNT OF U PAID. Recordability/Delgs: ❑ Transfer ❑ New Desc. � ` 2000024747 Filing Fees: tr? t��.+. ❑ Division ❑ GAC RECEIPT No. EDWARD M.TRESKA Weil Certificate ❑ Status ❑ Def. Spec ANOKACOUNTY PROPEF3 dffADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Received this Date: Ci1J Anoka County Recorder ❑ Other �No Change BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: 72904 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS SUBDIVISION (PLAT OR LOT SPLIT) COUNTY OF ANOKA ) 30 ` -2q—q 3 V001 O CITY OF FRIDLEY oo i? In the Matter of: A Preliminary Plat, P.S. #99-05 T 00 ,'6 Owner: Ann Bateson, George Bateson, Mary Pietrini, and Dennis Pietrini The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 1999, on a petition for a subdivision pursuant to the City of Fridley's Zoning Ordinance, for the following described property: To divide property into four single-family lots, legally described as Lots 20 & 21 Auditors Subdivision No. 22 & Outlots A & B, Heather Hills West, generally located at 6217 Central Avenue NE. IT IS ORDERED that a subdivision be granted as upon the following conditions or reasons: Approval with 8 stipulations. See City Council meeting Minutes of October 25, 1999. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, 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 subdivision with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the 1 day of ' 19 DRAFTED BY: City of Fridley 6431 University Avenue N.E. ` Fridley, MN 55432 Debra . Skogen, City Cie# f(PEAL) 1. Y\ r ' CITY COUNCIL MEETING OF OCTOBER 25, 1999 PAGE 9 Mr. John Howard, 7549 Tempo Terrace, stated that he was one of the people who ped get signatures. He felt the City would be wasting more taxpayers' money. Mr. Francis Adam van Dan, 6342 Baker Avenue, stated that he has a law de ee and has extensive experience and knowledge with the law. He felt there were a few misunderstandings. He said it violates the State Constitution to grant franchise fee to all of the businesses that have been in Fridley before the City beca e pro-rated. The State recognizes that you cannot levy a fee except to offset the exp ses administered in the franchise. Any other thing is illegal. You must go to the egislature and ask for permission to levy any tax that you want. The Council h the authority to grant franchises, but it is not for election power. Mayor Jorgenson stated that the Legislature gave them a constitutional authority to do this. They had a franchise agreement with one of th tility companies prior to the new one that has just been enacted this summer. There e at least a dozen other communities that are doing this. Mr. Knaak stated that Mr. van Dan was corre t in saying that fees can only be levied for offset expenses. This was an express exce ion in the Statute. The Statute provides that it can be levied for the purpose of obtai ' g those costs or other purposes. The Statute allows the City also to use it fora reven e source. Mr. van Dan stated that he wondere if the Supreme Court would sustain that. Mr. Knaak stated that it was sp led out very plainly in the Statute. He believed it had been challenged and held up. Ms. Dawn Locker, 6856 i nroe Street, asked if the five monument signs for the City of Fridley has anything to with the levy. She felt that Fridley was beautiful just as it is. The monument signs ar unnecessary. The expenditures have to stop. Councilmember Bo com stated that there are six monument signs. Different service organizations hav donated money for them. A small portion was being spent by the City for the easement to put the monuments on. Mayor Jorge on stated that the monuments were a gift to the City of Fridley for the 50' Anniversary from the service organizations. Mayor Jorgenson stated that the City Council, o the public has elected, makes the decisions and does not turn all of the decision over to the public. Ms. cker stated that when the City of Fridley asks the citizens for money, the City sho d ask citizens before they spend money on places where the. citizens are not sure the want it. CITY COUNCIL MEETING OF OCTOBER 25 1999 PAGE 10 Mayor Jorgenson stated that Ms. Locker has an opportunity to come an listen to the budget message and to offer comments at that time. The information 's presented on cable television, in Focus News, and people can request that they be in rmed. Mayor Jorgenson stated that at this time, Council needed to move n to the other items in the agenda. She thanked everyone for coming. APPROVAL OF CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1134 TO AMEND T CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY NTA NG A CHANGE IN ZONING DISTRICTS ZONING RE UE ZOA #99-04 BY BRIAN AND JACQUELINE BONA (WARD 1 Mr. Burns, City /edplai d that the subject property is located at 5333 University Avenuoni g is from R-3, Multi-Family Residential to C-2, General Commere rezoning would allow the construction of an automobile servicouncil approved the first reading of this ordinance at their meeting on OStaff recommended approval of the second and final reading. APPROVED ORNO. 1134. 2. RECEIVE THENG COMMISSION MEETING MINUTES OF OCTOBER 6 99: Mr. Burns, ty Manager, explained that this was consideration of a motion to receive the anning Commission meeting minutes of October 6, 1999. RECEI D PLANNING COMMISSION MEETING MINUTES OF OCTO ER 6, 1999. 3. PRELIMINARY PLAT REQUEST, PS #99-05BY KIM AND GEORGE BATESON AND MARY AND DENNIS PIETRINI, TO DIVIDE PROPERTY INTO FOUR SINGLE-FAMILY LOTS, GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E. (WARD 2): Mr. Burns, City Manager, explained that the area being platted is 2.25 acres located along Old Central Avenue just north of Heather Hills on what has commonly been referred to as the Skinner property. The plat includes four large lots that range in size from 19,154 square feet to 32,495 square feet. Access to the plat will be from the existing street (Heather Place). There are no plans to connect this street with Ben Moore Drive to the northeast. Staff asked the petitioner to provide easements along the southern and eastern borders of the plat for future CITY COUNCIL MEETING OF OCTOBER 25. 1999 PAGE 1 . looping of water and sewer line. The petitioner was also required to have all trees `> that are to be removed approved by staff. The preliminary plat was approved by the Planning Commission at their October 6 meeting without any objection from any neighbors. Staff recommended Council's approval along with the following eight stipulations: 1) Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties; 2) Petitioner shall provide a 20 foot drainage and utility easement along easterly and southerly property lines of proposed lot 4; 3) Petitioner shall provide a 12 foot drainage and utility easement along the northerly property line of proposed lots 1, 2, 3, and 4; 4) Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed; 5) During construction, silt fencing shall be used where applicable; 6) Petitioner to pay $750 per lot park fees prior to issuance of building permits; 7) Petitioner to pay all water and sewer connection fees; and 8) The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by staff prior to issuance of building permits. APPROVED PRELIMINARY PLAT REQUEST, PS #99-05. 4. PRELIMINARY PLAT RE UEST PS #99-06 BY KURT MANUFACTURING C �VIPANY TO REPLAT FOR THE PURPOSE OF PURCHASING A POR ON OF THE RAILROAD RIGHT-OF-WAY, GENERALLY LOCATEN SOUTH OF INTERSTATE 694 AND INDUSTRIAL BOULEVA AND ASHTON AVENUE `YARD 3): Mr. Burns, City Manager, expl\sewerines. Kurt Manufacturing asked to combine 19,631 square feet (.45 acres) ted from the Burlington Northern Rail Road with their property at 5280et. The new property is non-buildable due to the location of water and s. Kurt's intent was to use the area for parking. The Planning Comave their approval to the proposed preliminary plat request at thei6 meeting. There were no objections raised by neighboring property aff recommended Council's approval of the request with the following stipulations 1) Grading and drainage plan to be approved by the City's engineering staff prio to the issuance of any permits for the parking lot; 2) Parking lot to be constru ted to City Code standards; 3) Petitioner shall provide a 25 foot drainage and tility easement along easterly property line of proposed Lot 1; 4) Petitioner shall ombine this lot with existing property prior to final plat; and 5) Petitioner to pay ap icable park dedication fees prior to issuance of any permits. APPROVED PRELIMINARY PLAT REQUEST, PS # -06. CITY COUNCIL MEETING OF OCTOBER 25. 1999 PAGE 12 5. VARIANCE REOU4ST, VAR #99-27, BY TOM BRAINIA, TO REDUCE THE REQUIRED $IDE YARD SETBACK FOR AN ACCESSORY BUILDING FROM MVE FEET TO THREE FEET TO ALLOW THE CONSTRUCTION O A GARAGE GENERALLY LOCATED AT 1284 NORTON AVENUE M ARD 2): Mr. Bums, City Manager, explained that the variance was needed to allow the construction of an eight un garage structure at the above address. The garages would serve the seven-uni apartment building that Mr. Brama has recently acquired. The garages w uld be effectively screened from the adjoining Medtronic property to theIFOR a stand of evergreens. The Appeals Commission considered thehout objection from neighbors at their October 13 meeting. Staff nded Council's approval, subject to the following stipulations: 1) Phall obtain any required permits prior to beginning construction; 2) Stapprove the design and location of garbage dumpster and recycling contaosure prior to the issuance of a building permit. APPROVED VARIANCE R , VAR#99-27. 6. RESOLUTION NO. 84-199LOT SPLIT LS #99-03 BY THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY TO SPLIT - THE NORTH 20 FEET OF LOT 29 H E PARK ADDITION AND SELL PROPERTY TO THE ADJACENT NEI HBOR AT 5861 MAIN STREET (WARD 3): Mr. Burns, City Manager, stated that the prop y to be split is located at 5857 Main Street. It was acquired by the Fridle Housing and Redevelopment Authority (HRA) as part of its scattered site quisition program. By this evening's action the City would be splitting off th northernmost 20 feet of this parcel and selling it to the adjoining property owne at 5861 Main Street. We would also be declaring the property at 5861 Main Stre t to be a conforming lot in an S-1 district. The lot split allows the HRA to main in a conforming 60 feet wide lot in S-1 district. At the same time, the attachm nt of the 20 feet to the neighboring corner property would bring it close enou h (63.25 feet) to the required 65 feet for a corner lot in S-1 district to accept it a conforming. The lot split and the declaration of conforming status were appro d by the Planning Commission at their October 6 meeting. Staff reco ended Council's concurrence. APPROVED RESOLUTION NO. 84-1999. 7. RESOLUTION NO. 85-1999 FOR A VACATION REQUEST, S V #99-06 BY THE CITY OF FRIDLEY TO VACATE THAT POR ON OF CHERYL STREET LYING EASTERLY OF THE SOLJTHERN Q ABSTRACT Receipt# D •,-I ❑ Certified Copy Date Mailed Date/Time: 2 / ?� DOCUMENT NO. 1472904 . 0 ABSTRACT Tax Liens/Releases Doc.Order�_of / LJTax COUNTY MINNESOTA ❑ Multi-Co Doc Tax Pd ./by: Pins: I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Recordability/Delgs:(C(2 _ ❑ Transfer ❑ New Desc. FOR RECORD ON DEC 03 1999 AT 5 : 00 PM AND WAS DULY RECORDED. Filing Fees: % Division ❑ GAC FEES AND TAXES IN THE AMOUNT OF $19 . 50 PAID. Well Certificate ❑ Status ❑ Def.Spec Received this Date: RECEIPT N0. 1999124528 Anoka County Recorder ❑ Other ErNo Change EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: SLW BY n DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES r CITYOF FWDLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE October 28, 1999 George &Ann Bateson 6196 Heather Place NE Fridley, MN 55432 Dennis & Mary Pietrini 6177 Heather Circle Fridley, MN 55432 Dear Mr. & Mrs. Bateson & Mr. & Mrs. Pietrini: On October 25, 1999, the Fridley City Council officially approved your request for a Preliminary Plat, PS #99-05, to replat the property to accommodate 4 single family homes, legally described as Lots 20 & 21 Auditors Subdivision No. 22 & Outlots A & B, Heather Hills West, generally located at 6217 Central Avenue NE. Approval of this sp4tal4ise-yeK�is contingent upon the following stipulations: 1. Grading and drainage plan to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a 20' drainage and utility easement along easterly and southerly property lines of proposed Lot 4. 3. Petitioner shall provide a 12' drainage and utility easement along the northerly property line of proposed lots 1,2,3, &4. 4. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 750 per lot ark fees prior to issuance of building permits. 6. Petitioner to pay $ p p p 9 7. Petitioner to pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. Action Taken Letter-PS 99-05 Page 2 October 28, 1999 If you h ve any questions regarding the above action, please call me at 612-572-3590. Si ere , arbara Dacy, AIC Community Developm erector BD/jt cc: Address File Assessing Dept. GIS Dept. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 8, 1999 Concur with action taken. C-99-197 ��, w . IL 1493459 DEVELOPMENT AGREEMENT /.3. _70 y 1l3. Qo/D THIS AGREEMENT, made this __27th__ day of_March_________ 2000, between the City of Fridley, acting through its Mayor and City Manager (hereinafter called the "City"), and Ann L. Bateson, George F. Bateson, Mary E. Pietrini, and Dennis J. Pietrini, (hereinafter called the "Developers"). WHEREAS, The Developers have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: See attached Exhibit A. (the "Subdivision"); and WHEREAS, the City Council, by resolution #_22_2000 adopted March 6th__ 2000, granted Developer's plat request for a portion of the property to allow it to construct four single family homes on the subdivision on the condition that the subdivision is developed according to the site plan, dated -March-27th_ 2000, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the four new homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with Cit standards, p Y ordinances, City Council prescribed stipulations, and technical specifications. The Developers, future owner, its contractor or subcontractors shall construct P four new single family homes. The Developers, future owner, its contractors or subcontractors, shall follow all instructions received from the City's inspectors. The Developer, future owner, their engineer or builders shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of each home. 2. Water and Sewer A water and sewer lateral fee assessment will be applied to each lot. 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of$750.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $3,000.00. (four lots x $750.00 = $3,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the 4 lots of the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest . The Developer agrees that it will not sell, rent, nor cause to be occupied, any premises constructed on the development or within the development until the City has approved the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to specific premises. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developers and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. S19NED AND EXECUTED by the parties hereto on this_.27 —_day of -- �rri------ 2000 DEVELOPERS CITY OF FRIDLEY By:—�' /3 ' —'`—�--- By L. Bateson Nan y J By: s Mayor / na y y r ----- G rge F. Bateso ' — l�u_ S.,Pie 'ni A By:-------- — Dennis J. Pietrini ATTEST: Debra A. Skogen, Cit Jerk ExhiNt A up -1 chm%A OL -VK IMA pj OUTLC �UT 5T TL HEATHER PLACE rn rn 01 10 fib pis, ;< t � l f Ra � i ar IL bL- A'. i � I .r ¢�� !j 20/20*d 4009 981 ZT9 ONI SNOS 8 ona*0'3 S17:90 OOOZ-ZO-6*64 RESOLUTION NO. 22-2000 RESOLUTION APPROVING A PLAT,PS#99-059 BY GEORGE BATESON,ANN BATESON,DENNIS PIETRINI,AND MARY PIETRINI TO REPLAT PROPERTY TO ACCOMMODATE FOUR SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE. WHEREAS,the Planning Commission held a public hearing on October 6, 1999, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for the HEATHER HILLS NORTH at their October 25, 2600,meeting,with stipulations attached as Exhibit A; and MY WHEREAS,the City recognizes that the HEATHER HILLS NORTH replaces the former Lots 20 and 21,Auditor's Subdivision Number 22; and WHEREAS, a copy of the HEATHER HILLS NORTH has been attached as Exhibit B. NOW,THEREFORE,BE IT RESOLVED,that the City Council approves the Final Plat for HEATHER HILLS NORTH and directs the petitioner to record plat at Anoka County within six i months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF MARCH, 2000. KA� ati CY PJVRG fl, -MAYOR ATTEST: DE RA A. SKOGEN- gITY CLERK C11Y OF FWDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, NIN 55 332 •(612) 571-3150•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE March 9, 2000 George & Ann Bateson 6196 Heather Place NE Fridley, MN 55432 Dennis & Mary Pietrini 6177 Heather Circle Fridley, MN 55432 Dear Mr. & Mrs. Bateson & Mr. & Mrs. Pietrini: On March 6, 2000, the Fridley City Council officially approved your request for a Final Plat, PS #99-05, to replat the property to accommodate 4 single family homes, legally described as Lots 20 & 21 Auditors Subdivision No. 22 & Outlots A & B, Heather Hills West, generally located at 6217 Central Avenue NE. Approval of this final plat, PS #99-05, is contingent upon the following stipulations: 1. Grading and drainage plans to be approved by City's engineering staff prior to the issuance of any building permits, in order to minimize impacts to the surrounding properties. 2. Petitioner shall provide a 20' drainage and utility easement along the easterly and southerly property lines of proposed Lot 4. 3. Petitioner shall provide a 12' drainage and utility easement along the northerly property I line of proposed lots 1,2,3 & 4. 4. Provide proof that any existing wells or individual sewage treatment systems located on the site are properly capped or removed. 5. During construction, silt fencing shall be used where applicable. 6. Petitioner shall pay $750.00 per lot park fee prior to issuance of building permits. 7. Petitioner to pay all water and sewer connection fees. 8. The petitioner shall agree to preserve mature trees to the extent possible. All trees required to be removed for the new homes shall be marked and approved by City staff prior to issuance of building permits. ABSTRACT Receipt# 77 2 •� ❑ Certified Copy Date/Time: Date Mailed DOCUMENT NO. 1493459 . 0 ABSTRACT �/� / �'.S / Doc.Order �of� El Tax Liens/Releases ANOKA COUNTY MINNESOTA _ ❑ Multi-Co Doc Tax Pd I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE */by: Pins: FOR RECORD ON APR 04 2000 AT 4 : 59 PM AND WAS DULY RECORDED. Recordability/Delgs: ❑ Transfer ❑ New Desc. 4 , FEES AND TAXES IN THE AMOUNT OF $29 . 50 PAID. Filing Fees: / , ❑ Division ❑ GAC Well Certificate ❑ Status ❑ Def.Spec RECEIPT NO. p 0 0 0 2 5 9 7 7 Received this Date: EDWARD M.TR S Anoka County Recorder ❑ Other . EI'No Change ANOKACOUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES Notes: JAR BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES RESOLUTION NO. 22-2000 RESOLUTION APPROVING A PLAT,PS #99-05,BY GEORGE BATESON,ANN BATESON,DENNIS PIETRINI,AND MARY PIETRINI TO REPLAT PROPERTY TO ACCOMMODATE FOUR SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED AT THE NORTHEAST CORNER OF OLD CENTRAL AND HEATHER PLACE. WHEREAS,the Planning Commission held a public hearing on October 6, 1999, and recommended approval of said plat; and WHEREAS,the City Council approved the preliminary plat for the HEATHER HILLS NORTH at their October 25, W, meeting,with stipulations attached as Exhibit A; and WHEREAS,the City recognizes that the HEATHER HILLS NORTH replaces the former Lots 20 and 21, Auditor's Subdivision Number 22; and WHEREAS, a copy of the HEATHER HILLS NORTH has been attached as Exhibit B. NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the Final Plat for HEATHER HILLS NORTH and directs the petitioner to record plat at Anoka County within six months of this approval or such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF MARCH,2000. til.c L CY J G S -MAYOR ATTEST: d&V1U-- DEARA A. SKOGEN- EITY CLERK DEVELOPMENT AGREEMENT THIS AGREEMENT, made this_ 27th __ day of__March_----___ 2000, between the City of Fridley, acting through its Mayor and City Manager(hereinafter called the "City"), and Ann L. Bateson, George F. Bateson, Mary E. Pietrini, and Dennis J. Pietrini, (hereinafter called the "Developers"). WHEREAS, The Developers have made application to the City Council for the approval of a plat of land within the corporate limits of the City described as follows: See attached Exhibit A. (the "Subdivision"); and WH ffAS, the City Council, by resolution #_ 2-2000 , adopted -March --t--_ 2000, granted Developer's plat request for a portion of the property to allow it to construct four single family homes on the subdivision on the condition that the subdivision is developed according to the site plan, dated _March 27 2000, and in accordance with stipulations of approval incorporated herein by reference (See attached Exhibit B). NOW, THEREFORE, in consideration of the foregoing, it is hereby agreed as follows: 1. Improvements. Improvements shall include, but not be limited to the following: Concrete curb and gutter repair at driveway aprons ♦ Approved site grading and drainage plans ♦ Underground utilities for the four new homes ♦ Setting of lot and block monuments ♦ Surveying and staking ♦ Temporary tree protection devices The improvements shall be installed in accordance with City standards, ordinances, City Council prescribed stipulations, and technical specifications. The Developers, future owner, its contractor or subcontractors, shall construct four new single family homes. The Developers, future owner, its contractors or subcontractors, shall follow all instructions received from the City's inspectors. The Developer, future owner, their engineer or builders shall schedule a pre-construction meeting at a mutually agreeable time at the City Hall with all parties concerned, including the City Staff, to review the program for the construction of each home. 2. Water and Sewer A water and sewer lateral fee assessment will be applied to each lot. 1 (A) The Developers, future owner, its contractor, or subcontractors shall stub water and sewer services to the three additional lots located off Heather Place. These water and sewer services shall be inspected and must meet all City standards. The City (at the developer's expense) will patch the street following the installation of water and sewer services, the Developers, future owner, its contractors, or subcontractors must have the cut approved by the Public Works Department of the City. 3. Grading, Erosion Control, and Tree Preservation Plans. The Developers, future owner, its contractor, or subcontractor shall submit a grading and drainage, erosion control, and tree preservation plan which shall clearly show for each lot: (A) The grading limits for the construction of the new home. (B) All areas disturbed by the excavation and backfill operations shall be re-sodded forthwith after the completion of the work in that area. Except as otherwise provided in the erosion control plan. If the Developers, future homeowner, its contractor, or subcontractor does not comply with the erosion control plan and schedule or supplementary instructions received from the City and the Anoka County Soil and Water Conservation District, or the Rice Creek Watershed District, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developers, future homeowner, contractor, or subcontractor in advance of any proposed action, but failure of the City to do so will not affect the Developers' and City's rights or obligations hereunder. (C)The location of warning signage (tree protection ribbon) that will be placed around the perimeter of the construction limits protecting all significant trees outside the construction limits. (D)The location of any significant trees to be saved inside the construction limits. Any significant trees to be saved shall have fencing around them, which shall extend wherever possible to the tree drip line. No construction or grading work shall commence until the City staff has field inspected items (1) and (2) above. 4. Street Clean Up. At any time upon the request of City staff and after the construction is complete, the Developers shall clear all soil, earth, or debris from the streets and storm sewer and from the lots within the development resulting from any construction on the land within the development by the Developers, future owners, contractors and subcontractors. 5. Permits. The Developer shall obtain all necessary permits for the development of the property. The Developers, future owners, contractors, or subcontractors shall pay SAC fees at the time of the building permit issuance. t 6. Park Dedication. In accordance with the policies and ordinances of the City, the Developer shall pay a park dedication fee at a rate of$750.00 per lot at the time of building permit issuance. The total park dedication fee for the development is $3,000.00. (four lots x $750.00 = $3,000.00). 7. Drainage Easement. The Developer shall provide the City with easements dedicated on the plat over the 4 lots of the property as proposed in the Final Plat mylars presented for signature. 8. License. The Developer hereby grants the City, its agents, employees, officers, and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 9. Final Plat Approval. The City agrees to give final approval and shall sign the final plat of the subdivision upon execution and delivery of this agreement, and approval of the plat by the County and of all required petitions, bonds, and security. 10. Legal Proceedings. In addition to the foregoing, the City may institute any proper action of proceeding at law or at equity to abate violation of this Development Agreement, or to prevent use or occupancy of the proposed dwellings. 11. Ownership of Improvements. Upon completion of the work and construction required by this agreement, the improvements lying within public easements shall become City property without further notice or action. 12. Transfers of Interest . The Developer agrees that it will not sell, rent, nor cause to be occupied, any premises constructed on the development or within the development until the City has approved the construction of the improvements covered by this Development Agreement, the applicable building codes, and other applicable government regulations and has issued a Certificate of Occupancy, unless the City has agreed in writing to waive this requirement as to specific premises. 13. Attorneys' Fees. The Developer agrees to pay the City reasonable attorneys' fees and costs incurred in the event of any lawsuit or action is commenced to enforce the terms of this agreement and to collect sums due by the City under the terms of this agreement. 14. Severability. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this contract is for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such decision shall not invalidate or render unenforceable any other provisions of this contract, and the remaining provisions of this contract shall not in any way be affected or impaired. 15. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors, and assigns if any of the Developers and City hereto and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference in this document to the developer, if there be more than one, shall mean each and all of them. This agreement, at the option of the City, shall be placed of record so as to give notice of this agreement to subsequent purchasers and encumbrances of all or any part of the subdivision. All recording fees, if any, shall be paid by the developer. SIGNED AND EXECUTED by the parties hereto on this_-27 __day of 2000 DEVELOPERS CITY OF FRIDLEY BY:_ x— --------- eyL. Bateson 46- s Ma or An n n Y By. F. Bateson E. Pietr' i By --- Dennis . P i i ATTEST: Debra A. Skogen, C' Clerk