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PS97-04 HEATHER HILLS NORTH CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR: EArAcf" �jas N047-/1 X Plat I Lot Split PROPERTY INFORMATION: - site plan required for submittal, see attached Address: &Z/7 Gin L��,�r,2 rc AV,- 1V'E Property Identification Number: 54c 1.3 T-30 Legal Description: Lot Block Tract/Addition Lcz 20A,.jcs Cor Z % hud/Tor-s # 2z �i NG/Cf� �L>uNi Y Current Zoning: 'R-1 Square footage/acreage: Reason for Subdivision: OF A&w clrScgt6 Ho,h 5 Cry �.v (-JynE-ur�cr2tr -P.4/2C6L Have you operated a business in a city which required a business license? Yes X No If Yes, which city? Cramp SG If Yes, what type of business? Nuri-rE CaNsrnucr�cN ." K6i9L�s;ArE�EvtzG�'i�7tdyT Was that license ever denied or revoked? Yes No X FEE OWNER INFORMATION (as it appears on the property title) (Contract urchasers: Fee owners must sign this form prio to ro ssin ) NAME: Alk-- ADDR SS: [,7z17 Oca 6e-rtrrlslc ,vt iF'E DAYTIME PHONE: S"7%- 'Ao-TO SIGNATURE/DATE: PETITIONER INFORMATION NAME: TE [ --� rtii,r SiEr�H .� �rrP .E� Zxt, f'if/Ll,n S 1o.H �A2 /-a�s;cT ADDRESS: 2(,SGS Fo �E w j T�ir s�"iJ� DAYTIME PHONE: LoOg -093-7 SIGNATU E/DATE. �f y7 -------~------- FEES �� Plat: $500.00 for 20 Lots, $15.00 for each additional lot ✓ Total_Fee* Lot Split: $250.00 Receipt#: Received By: Application Number: L Scheduled Planning Commission Date: 1:1 . Scheduled City Council Date: r— �fri 10 Day Application Complete Notificati n Date: 60 Day Date: 15.38 City � Fridley Use Application Ps 60 Day Agency Action Law _E( pplication Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days 50-60 Days Ii Application Complete Approved, Action Taken Letter 10 Day Notice o Tabled, 60 More Days Submit Complete Public Hearings: Application and Variance i Denied Materials Vacations Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits SUBDIVISION APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Planning Commission. Applications will not be accepted if the following is not submitted: [[(Application EM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE mpleted application, with fee is considered complete if blanks are completed, and both fee owner and petitioner have signed) For Lot Splits, a Certificate of Survey showing north arrow, existing and proposed lot lines, existing and proposed legal descriptions, existing improvements, etc. Must be signed by a registered surveyor. For Plats, a preliminary plat showing north arrow, existing and proposed lot lines, existing and proposed legal descriptions, easements, spot elevations, existing improvements, etc. Must be signed by a registered surveyor. Items are required to be submitted in three (3) full-size copies, with one (1) 8 '/" x 11" reduction. A w SUBDIVISION PROCESS 's dt <" Section 211 `YYY Purpose: A subdivision is the process to legally create a new parcel of land -~w{ for development purposes. Subdivisions occur in one of two ways: the lot split and the plat. e Lot Splits: An existing parcel of land may be subdivided into two or more N. velop parcels by this method when each parcel is a sirePi 94ractional Rottavcoc v. :.�:D::. sw a'�• v►` part of the existing parcel. For example, "the east 1/2 of Lot 25, Block Q, Taurus Addition", or the 'west 50 feet of Lot r. Plats: Plats are required to subdivide parcels of land which require complex descriptions using angles. bearings, dimensions, ect. These types of descriptions are commonly known as "metes and bounds". A Plat will create simple "lot and block" descriptions _ The Lot Split process begins by filling out a LOT SPLIT APPLICATION. This, with a Certificate of Survey, and other appropriate drawings, must be submitted to the Planning staff. Certificates of Survey must be prepared by a Registered Land Surveyor. The legal descriptions of the existing and proposed parcels must also be included. A$250 fee is associated with the application. Fees are non-refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed for recommendation to the City Council. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. - The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all lot split requests. The City Council, if approving the lot split, will pass a resolution which will then be certified and recorded at Anoka County. Prior to recording the deed transferring property, the City must stamp the deed approving it for transfer. The Plat process begins by filling out a PLAT APPLICATION. This, with a Preliminary Plat and other appropriate drawings, must be submitted to the Planning staff. Preliminary Plats must be prepared by a Registered Land Surveyor. The legal descriptions of the existing and proposed parcels must also be included. A$500 fee (up to 20 lots) is required with the application. Fees are non- refundable and are used for postage, publication of notices, and other expenses associated with the request. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are 27 SUBDIVISION PROCESS (cont.) discussed, and stipulations are developed for recommendation to the City Council. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all plat requests. If the plat is approved by the City Council, the applicant then prepares the final mylars and submits them to the City Council under a FINAL PLAT APPLICATION. Additional information regarding the Subdivision Process may be obtained by calling the City of Fridley Planning Department at 572-3599 or 572-3593. 28 i 1 I 50 50 I li) 0 1\1 N / ��E y Preliminary Plat of '' HEATHER HILLS NORTH O NN -. /M4.r,.;. k".'�I sn9ro2'os•L _ .'II f�) - •E x •;::, 1 76;no r t'... ,, 7soo-7•�L.,.-15.0�, .I{-• 4-• Developer: The Philip Stephen CDtnpanics, Inc. Z- i 2605 Forestdale Raod 1 3, iC I `• New Brighton, MN 55112 (2 �1 _Elf Yt I - S , � a � I'1 as I:R OU LOT,A / i `I lJ Y I^ J•/ .l � ,,l' 1 . - BLOCK i„ ; y Contact: 7nn'' DP}Ili 5. UctnI »tro•. -I ,L.' 7�.a1-1 I 170.Uo Li' Philip Etter ? _�- TGL: 604-0937 :.. I 1 TL - K 1 I SU N89-03-2',W W 62!.67 /� •• 1 !0 W �x HEATHER PLACE cr�1 J W 2 U ' f a; 75.00! DEPTH ARCA LEGAL DESCRIPTION: Y II — •-`ROW FRONTAGE SCALE: 1 INCH . 40 FEET L•t. County,20 end 21,AUDITOR'S SUBDIVISION NO. 22, LD1 w10iM -��— —,— Me4• Mi--Ha.CODE 75 120 9000 S.F. 25 1 f= 5 IW -40 0 40 BO 120 a I B 1 76.66 150 11,627 S.F, 75.66 ' O, I uANw[ I 2 7! 150 11,25t S.F. 75 O !too so 11 I ! 75 150 11,219 S.F. 7! O, j I "!t[Y[. 4 7! 150 tl„T40 S.F. 75 ' •[ II a 5 75 150 11,248 S.F. 75 I 6 75 150 11,241S.F. 36 DUTLOI A 150 120 17,966 S.F. 26 ROAD 7,504 S.F. LEGEND _ I Uu4! 'IN G[•Ulllln fwsl N[NI I HEREBY CERTIFY THAT THIS PRELIMINARY PIAT WAS ".,w,It satin PREPARED BY ME OR UNDER MY DIRECT SUPERVISION CB cAICN eAsw AND THAT 1 AM A DULY REGISTERED LAND SURVEYOR TOTAL ARCA(INCLUDING ROAD) 9!,!!6 S.F.OR 2.146 ACNES. w INwn:N Vou UNDER THE LAWS OF THE STATE OF MINNESOTA. 1•Nu,•u5(U pHAllluil.u1H4. y 11 i I I y7A.C4 - —REC. N0.7nGn DAT[AZ,5 1 7 e1 75.001 -� a NOTES: _ OMBT °1u '. l' OCK ....°o'I"^,1M0 N�IYNAn :.,.NN AVIS, INC.'i'v�"•i IYIJICl+L SITZ PLAN o. CHI.—sl...AA,,•w nuu NINA As n/n/YI M. ON-Ip.Y)'.0 No'. w sca[ 1 AN E.C_v_off M-h a.-ouuq Sus,N[rnH..nr HNA„•ro CONSULTING ENGINEERS S LAND SURVEYORS 5. NxUT..I.s1,MM IS[Nu„HIT Ow 01 1'NnxtY ANTI I KLO ob5LHVAI1— 6 [•alm,,,,q,,,. , 1] BOOK ID PAGE 10 JOO NO.97055) FILO nU C1TY OF FM DLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 August 19, 1997 Philip Dommer The Philip Stephen Companies, Inc. 2605 Forestdale New Brighton, MN 55112 Dear Mr. Dommer: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a residential subdivision. This letter serves to inform ,you that your application is complete and that the City of Fridley will be processing your application in accordance with Chapter 205 of the Fridley City Code. Your application schedule is as follows: Planning Commission September 17, 1997 City Council approval October 13, 1997 If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sincerely, Michele McPherson Planning Assistant MM:Is C-97-161 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 Wodnoeday, Se"ember 17,1997 at 7:30 p.m.for the pur- pose of: Consideration of a Preliminary Plat, P.S. #97-04, by The Philip Stephen Companies, Inc.,to resubdivide the property into six build- able lots for single family homes,on Lots 20 and 21,Auditor's Subdivision No.22,generally located at 6217 Central Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be referred Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson,Planning Assistant 572-3593. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 10,1997. DIANE SAVAGE CHAIR PLANNING COMMISSION (September 4, 11, 1997) Fridley, Columbia Heights 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, September 17, 1997 at 7 :30 p.m. for the purpose of : Consideration of a Preliminary Plat, P. S . #97-04, by The Philip Stephen Companies, Inc. , to resubdivide the property into six buildable lots for single family homes, on Lots 20 and 21, Auditor' s Subdivision No. 22 , generally located at 6217 Central Avenue N.E. 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 Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant 572-3593 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 10, 1997 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 4 , 1997 September 11, 1997 r s �t Qr � ,..�... .- tea- _ • = ■ ''�� ¢4'��4,' yz �a ,rte , • y a , #fit .,'.�...:. ,,� �' • , � � ■■ _ 4y S ••• • • • I •• • • • I • -866 z _ • ci _ _lip _ dF • • • • • • i •r • • •: • .i• .• ' _ Ak . r r • • �.•• . • • .,tom • • Preliminary Plat, P.S. #97-04 The Philip Stephen Companies, Inc. Mailed: 8/26/97 10/31/97 KLUCSAR YOAVA JANKOWSKI EUGENE&MARY J MILES DOROTHY M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1420 RICE CREEK RD NE 1400 RICE CREEK RD NE 1370 RICE CREEK RD NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 QUALITY GROWTH LTD HARTFIEL RICHARD&DONALENE WESTOVER BRIAN L&CAROL A OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1250 E MOORE LAKE DR NE 6271 CENTRAL AVE NE 6274 BEN MORE DR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 JACOBSON WALTER F&K M CARPENTER ROBERT L&M J BASIL ROBERT A&LABIBE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6266 BEN MORE DR NE 6258 BEN MORE DR NE 6250 BEN MORE DR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 MORGAN HAROLD M&NORMA A MESSICK CAROLYN S BUE MARK D&MARY K OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6245 CENTRAL AVE NE 6257 BEN MORE DR NE 6229 CENTRAL AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 NOLBY RONALD A&PATRICIA J LAMBESIS A S&CALEDONIA A SCHAEFER EUGENE L&J Q OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6253 BEN MORE DR NE 6249 BEN MORE DR NE 6240 KERRY LN NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 TRAHAN THEODORE C&RAMONA L SKINNER WORTHA J&ANGELA JEAN STARMARK NORTHWEST REALTY L OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6245 BEN MORE DR NE 6217 CENTRAL AVE NE 1200 E MOORE LAKE DR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 OSMAN ROBERT T& SUSAN B WIBEL FRANKLIN H&MARY J RUSSINIK MICHAEL D&SUSAN OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1431 KERRY CIR NE 1421 KERRY CIR NE 6236 KERRY LN NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 HAGMANN DONALD E&BECKY L BEECROFT PAUL E&VIRGINIA L LOHSE HERBERT&LOHSE SHARON OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1411 KERRY CIR NE 6199 HEATHER PL NE 1401 KERRY CIR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 SAARELA JEFFREY G&ESTHER BATESON GEORGE F&ANN L BURZYNSKI KATHLEEN J&C J OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6190 HEATHER CIR NE 6196 HEATHER PL NE 6185 HEATHER PL NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 ANDERSON JOAN G KRETER KARL&GEORGINA BRENNY VIRGIL L& BONITA J OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1430 KERRY CIR NE 1420 KERRY CIR NE 6187 HEATHER CIR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 COLBERT PATRICK H& MARY R ELWELL THOMAS D&JOANNE M SCHUMACHER JEAN A OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 1400 KERRY CIR NE 6175 HEATHER PL NE 1410 KERRY CIR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 MARTIN JOHN F JR PIETRINI DENNIS J& MARY E TOTINO ROSE&ADDINGTON L M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6170 HEATHER PL NE 6177 HEATHER CIR NE 6172 HEATHER CIR NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 JANEZICH RICHARD J&GAIL P WELCH WAYNE W& DOROTHY G GAGNER LORRAINE ANN OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6171 HEATHER PL NE 6115 WOODY LN NE 6125 WOODY LN NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 RYDBERG CLEVIA B ADOLPHSON LOREN A&LOIS Y GERGEN SHELLOY M&DANIEL J OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6127 WOODY LN NE 6131 WOODY LN NE 6133 WOODY LN NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 Briclmer Builders Inc. Anton/Mary Potami Reuben & Carolyn Olson or Current Resident 6249 Ben More Drive N.E. 1411 Kerry Circle N.E. 1430 Rice Creek Road NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Carol Dwyer or Current Resident Gary & Joerger Wallerstein Robert Schmit 6282 Kerry Lane N.E. or Current Resident or Current Resident Fridley, MN 55432 6244 Kerry Lane N.E. 6291 Kerry Lane N.E . Fridley, MN 55432 Fridley, MN 55432 Matthew Sletten Thomas & Carole Fuller Gary & Anita Obrycki or Current Resident or Current Resident or Current Resident 6283 Kerry Lane NE 6275 Kerry Lane NE 6267 Kerry Lane NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ralph & Vaness Menard Joan Clark Patrick Ohern or Current Resident or Current Resident or Current Resident 6259 Kerry Lane NE 6251 Kerry Lane NE 6243 Kerry Lane NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Larry Morford James Schaffran Kurt & Marsha Schrupp or Current Resident or Current Resident or Current Resident 6235 Kerry Lane NE 6180 Kerry Lane NE 6171 Kerry Lane NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Donald & Vivian Bratt Gregory Mortenson or Current Resident or Current Resident 6181 Kerry Lane NE 6191 Kerry Lane NE Fridley, MN 55432 Fridley, MN 55432 i HEATHER HILLS NORTH Fridley City Council Presentation The Philip Stephen Companies, Inc. Issue: The Plat conforms to City requirements without the need for variances. Background: While the Staff Report indicated the Plat conformed to all City requirements at the Planning Commission, apparently a comer lot width requirement from the Subdivision Ordinance was overlooked. Key Points: 1. The corner lot will be adjusted to meet the 80' minimum lot width requirement. 2. An additional 2 feet will be added to the width of lots 2 - 6 so each has a width of 77'. 3. Heather Hills North Outlot A will be renamed Lot 7 as requested by staff. 4. Disregarding the Outlot B issue, all 7 lots conform to all City requirements and the Comprehensive Plan without contest. No variances are needed. LOT COMPARISON TABLE Lot Width Depth Area Frontage City Requirements 80'(c)/75' 120' 9000sf 25' 1 80'(c) 150' 12000sf 80' 2 77' 150' 11550sf 75' 3 77' 150' 11550sf 75' 4 77' 150' 11550sf 75' 5 77' 150' 11550sf 75' 6 77' 150' 11550sf 28.86' 7 108.86' 150' 16329sf 28.58' The Philip Stephen Companies Housing • Real Estate Development • Land Use Services 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 August 4, 1997 Ms. Barb Dacy City of Fridley 6431 University Avenue Fridley, MN 55432 RE: Public Improvement Charges - Old Central at Heather Place Dear Ms. Dacy: Thank you for meeting with me some weeks ago. Please recall that I have agreed to purchase the Skinner property at 6217 Old Central, and desire to subdivide it into conforming single family homesites. My hope is to submit the Application on August 15, 1997. Currently I am in need of written verification of the following in preparation for financing: 1. Six new lots will front on Heather Place. Special assessment searches have indicated that there are no assessments past due, levied, or, pending which will affect these sites if I connect to the sewer, water and right-of-way on Heather Place. Please verify this, or, list the charges for serving six new lots from Heather Place. If assessments exist/will be charged, please list the underlying parcel they now are tied to. 2. Please identify any connection charges for accessing the public improvements in the Heather Place R.O.W. by the new lots on the Skinner property. Assume I will be able to tap to 4 of the existing stubs and will need to put in two new stubs. 3. List any other charges, including Park Fees, Storm Water Management, etc. which will be applied to these six new lots before and including Building Permit issuance. Please make your letter as specific as possible. My desire is to illustrate with certainty that improvements in Heather Place have indeed been paid for previously, and, there are no charges to connect to them for lots on the north side. Of course, if this is not the case, I need to know this too. Please let me know when your letter is complete and I will pick it up. The letter may be addressed to me. Best cc John Flora Philip S. Dommer CITY OF FWDLEY FRIDLEY MUNICIPAL CENTER •6,431 UNIVERSITY AVE. N.E. FRIDLEY, `civ 55432 •(612)571-3450• FAX(612)571-1287 August 15, 1997 Philip Dommer The Philip Stephen Companies 2605 Forest Dale Road New Brighton, MN 55112 Dear Mr. Dommer: Thank you for your letter dated August 4, 1997. 1 have researched potential fees regarding your proposed development at 6217 Central Avenue N.E. and have the following to advise you: 1. 1 have asked the Finance Department to conduct a special assessment search for this property. According to the special assessment records, there are no assessments past due, levied, or pending (see attached). 2. The connection charges for accessing the public improvements in the Heather Place right-of-way will be as follows: A. Sewer charges: sewer permit fees are listed on the attached sheet ($25.00). You will be responsible for the costs of installing the two additional stubs for sewer service. A Sewer Availability Charge of$950.00 is also required for each home at time of permit issuance. B. Water connection charges: Water permit fees are listed on the attached sheet ($15.00). You will be responsible for the costs of installing the two additional curb stop boxes. There is a "water tap" fee of $300.00 each for the new services. Water meters are required for each home and are purchased from Judy Melham in the Finance Department. A typical 3/4' service for a single family home is $60.00. Philip Dommer August 15, 1997 Page 2 C. A road patch permit will be required for any disturbance to the Heather Hills street. The street patch charge is a flat fee of$300.00 for the first five square yards plus $30.00 for each square yard over five (I have also enclosed the listing of water and sewer permit fees). 3. The park fees for the development will be $1,500 per lot. There will also be a storm water management fee of$1,000 per lot. These two fees will be required as part of plat approval and can be paid for at time of building permit or may also be paid at time of final plat. I have also enclosed a copy of the building permit application for residential homes. An erosion control fee of$450.00 will be charged at permit issuance, as well as a charge for driveway cuts (see reverse side of application for schedule). Building permit fees re li }orj nn the h nL of the lica+io 7 i R U ,: , , are �swu vi a ie ..,a.,� vi a is applll..Q4- 1 al lU ale -ased of lI a sliding scale of the cost identified on the application and as approved by the Building Official. Should you need further information, please feel free to contact me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director B D/dw C-97-159 cc: John Flora Scott Hickok Ron Julkowski Judy Melham Mary Hintz The Philip Stephen Companies Housing * Real Estate Development • Land Use Services 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 August 29, 1997 Ms. Barb Dacy City of Fridley 6431 University Avenue Fridley, MN 55432 RE: Direct Access to Adjoining Heather Place 6217 Old. Central - "Skinner" Parcel PS97-04 Heather Hills North Dear Ms. Dacy: As you requested, I am providing record of the subject property's access to Heather Place. 1. Headier Place was proposed, accepted and approved as a continuous 50' right of way adjoining the southerly boundary of the subject parcel when the Final Plat for Heather Hills West was officially approved by the Fridley City Council on April 20, 1981 in case P.S.#81-02. A copy of the Approved Final Plat from the City Plat file is attached. 2. No action, sufficient to alter the approved plat, can be identified. If we have overlooked such action, please advise me by providing a detailed explanation with copies of official records/action on or before September 15, 1997 so I may properly prepare for the hearing on September 17, 1997. Regarding your request for graphics of home designs and driveways locations, I will provide some concept drawings at the hearing. Of course, exact locations and designs will not be known uritil each lot 1S Sold. i�evi iu eieSS, the presentation material. should serve LO illustrate the positive appeal of our proposal. Please call if you have any questions. Best regards, Philip S. Dommer cc Robert G. Hensley, Esq. Enclosures FRIDLEY 9/08/97 4WOLFE 11 : 35 : 50 Tax Master Inquiry 1995 PIN : 133024430039 Built : Lot : 3A YP :LevY IType : R PCA Code : 2103 Last Sold : Block : 1 LevyC : 24014B STC : lA Price : Subd : HEATHER HILLS 2ND ADD Description : - Acres Prior Market Values Address : 1 , 700 - Land Zip : 00000 - 0000 - Building - Feature Legal : HEATHER HILLS SECOND 1 , 700 - Total ADDITION Current Market Values LOT 3A BLK 1 HEATHER HILLS 1 , 300 - Land 2ND ADD (SUBJ TO EASE AS - Building SHOWN ON PLAT) - Feature Taxpayer : POTAMI ANTON R 1 , 300 - Total Address : 1411 KERRY CIR NE Prior Tax Information 34 - Tax Capacity FRIDLEY MN 55432 41 . 94 - Original Tax Fee Owner : POTAMI ANTON R & MARY J - Adjusted Tax Purchaser : - Specials F3 - Exit ma ��«mac FRID~LEY 9/08/97 'WOLFE 11 : 14 : 12 Tax Master Inquiry 1995 PIN: 133024430086 Built : Lot : B LevyI : Type : R PCA Code : 2103 Last Sold : 2 1 83 Block : O/L LevyC : 24014B STC : 5C Price : Subd : HEATHER HILLS WEST Description : - Acres Prior Market Values Address : 100 - Land Zip : 00000 - 0000 - Building - Feature Legal : OUTL.OT B HEATHER HILLS WEST 100 - Total SUBJ TO EASE OF REC Current Market Values 100 - Land - Building - Feature Taxpayer : BRICKNER THOMAS E 100 - Total Address : Prior Tax Information 6249 BEN MORE DRIVE 2 - Tax Capacity FRIDLEY MN 55432 2 . 47 - Original Tax Fee Owner : BRICKNER THOMAS E TRUSTEE - Adjusted Tax Purchaser : - Specials F3 - Exit FRIDLEY 9/08/97 'WOLFE 11 : 14 : 03 Tax Master Inquiry 1995 PIN : 133024430085 Built : Lot : A LevyI : Type : R PCA Code : 2103 Last Sold : 2 1 83 Block : O/L LevyC : 24014B STC : 5C Price : Subd : HEATHER HILLS WEST Description : - Acres Prior Market Values Address : 300 - Land Zip : 00000 - 0000 - Building - Feature Legal : OUTLOT A HEATHER HILLS WEST 300 - Total SUBJ TO EASE OF REC Current Market Values 300 - Land - Building - Feature Taxpayer : BRICKNER THOMAS E 300 - Total Address : Prior Tax Information 6249 BEN MORE DRIVE 7 - Tax Capacity FRIDLEY MN 55432 8 . 60 - Original Tax Fee Owner : BRICKNER THOMAS E TRUSTEE - Adjusted Tax Purchaser : - Specials F3 - Exit FRIOLEY 9/08/97 • WOLFE 11 : 13 : 28 Tax Master Inquiry 1995 PIN : 133024430072 Built : Lot : LevyI : Type : R PCA Code : 2103 Last Sold : 4 1 82 Block : LevyC : 24014B STC : 5C Price : 16 , 000 Subd : Description : - Acres Prior Market Values Address : 900 - Land Zip : 00000 - 0000 - Building - Feature Legal : THE E 300 FT OF LOT 19 AUD 900 - Total SUB NO 22 SUBJ TO EASE OF Current Market Values RECORD 613 - Land - Building - Feature Taxpayer : BRICKNER THOMAS E 613 - Total Address : Prior Tax Information 6249 BEN MORE DR 21 - Tax Capacity FRIDLEY MN 55432 25 . 76 - Original Tax Fee Owner : BRICKNER BUILDERS INC - Adjusted Tax Purchaser : - Specials F3 - Exit FRDLEY 9/08/97 WOLFE 11 : 37 : 31 Tax Master Inquiry 1995 PIN : 133024430075 Built : Lot : 2 LevyI : Type : R PCA Code : 2103 Last Sold : 7 1 83 Block : 1 LevyC : 24014B STC : lA Price : Subd : HEATHER HILLS WEST Description : - Acres Prior Market Values Address : 33 , 500 - Land Zip : 00000 - 0000 - Building - Feature Legal : LOT 2 BLK 1 HEATHER HILLS 33 , 500 - Total WEST SUBJ TO EASE OF REC Current Market Values 33 , 000 - Land - Building - Feature Taxpayer : TOTINO ROSE & ADDINGTON L M 33 , 000 - Total Address : 6172 HEATHER CIR NE Prior Tax Information 670 - Tax Capacity FRIDLEY MN 55432 826 . 53 - Original Tax Fee Owner : TOTINO ROSE & ADDINGTON L M - Adjusted Tax Purchaser : - Specials F3 - Exit U�' FRIDLEY 9/08/97 WOLFE 11 : 35 : 20 Tax Master Inquiry 1995 PIN : 133024430037 Built : Lot : 2A LevyI : Type : R PCA Code : 2103 Last Sold : 8 1 83 Block : 1 LevyC : 24014B STC : lA Price : Subd : HEATHER HILLS 2ND ADD Description : - Acres Prior Market Values Address : 100 - Land Zip : 00000 - 0000 - Building - Feature Legal : HEATHER HILLS SECOND 100 - Total ADDITION Current Market Values LOT 2A BLK 1 HEATHER HILLS 100 - Land 2ND ADD (SUBJ TO EASE AS - Building SHOWN ON PLAT) - Feature Taxpayer : TCF MTG CORP 100 - Total Address : 1421 KERRY CIR NE Prior Tax Information 2 - Tax Capacity FRIDLEY MN 55432 2 . 47 - Original Tax Fee Owner : WIBEL FRANKLIN H & MARY J - Adjusted Tax Purchaser : - Specials F3 - Exit FRIDLEY 9/08/97 WOLFE 11 : 10 : 38 Tax Master Inquiry 1995 PIN: 133024430021 Built : Lot : 2B LevyI : Type : R PCA Code : 2103 Last Sold : 6 1 84 Block : 2 LevyC : 24014B STC : lA Price : Subd : HEATHER HILLS Description : - Acres Prior Market Values Address : 1 , 700 - Land Zip : 00000 - 0000 - Building - Feature Legal : HEATHER HILLS 1 , 700 - Total LOT 2B BLK 2 HEATHER HILLS Current Market Values (SUBJ TO DRAINAGE EASE) 1 , 794 - Land - Building - Feature Taxpayer : LAMBESIS A S & CALEDONIA A 1 , 794 - Total Address : 6249 BEN MORE DR Prior Tax Information 34 - Tax Capacity FRIDLEY MN 55432 41 . 94 - Original Tax Fee Owner : LAMBESIS A S & CALEDONIA A - Adjusted Tax Purchaser : - Specials F3 - Exit 0 FRIDLEY 9/08/97 WOLFE 11 : 11 : 30 Tax Master Inquiry 1995 PIN : 133024430022 Built : Lot : 3A LevyI : Type : R PCA Code : 2103 Last Sold : Block : 2 LevyC : 24014B STC : lA Price : Subd : HEATHER HILLS Description : - Acres Prior Market Values Address : 11 , 100 - Land Zip : 00000 - 0000 - Building - Feature Legal : HEATHER HILLS 11 , 100 - Total LOT 3A BLK 2 HEATHER HILLS Current Market Values (SUBJ TO DRAINAGE EASE) 11 , 063 - Land - Building - Feature Taxpayer : NOLBY RONALD 11 , 063 - Total Address : 6253 BEN MORE DR NE Prior Tax Information 222 - Tax Capacity FRIDLEY MN 55432 273 . 88 - Original Tax Fee Owner : NOLBY RONALD A & PATRICIA J - Adjusted Tax Purchaser : - Specials F3 - Exit '1 FRIDLEY 9/08/97 WOLFE 11 : 25 : 35 Tax Master Inquiry 1995 PIN : 133024430015 Built : 1975 Lot : 4A LevyI : Type : R PCA Code : 2113 Last Sold : Block : 1 LevyC : 24014B STC : lA Price : Subd : HEATHER HILLS Description : RAMBLER BASEMENT - Acres Prior Market Values Address : 6266 BEN MORE DR 25 , 000 - Land Zip : 55432 - 0000 79 , 900 - Building 5 , 435 - Feature Legal : HEATHER HILLS 104 , 900 - Total LOT 4A BLK 1 HEATHER HILLS Current Market Values (SUBJ TO UTILITY & 24 , 518 - Land DRAINAGE EASE) 75 , 559 - Building 5 , 531 - Feature Taxpayer : TCF MTG CORP 105 , 608 - Total Address : 6266 BEN MORE DR NE Prior Tax Information 1 , 378 - Tax Capacity FRIDLEY MN 55432 1 , 773 . 46 - Original Tax Fee Owner : JACOBSON WALTER F & K M - Adjusted Tax Purchaser : - Specials F3 - Exit l� AW CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 •(612)571-3450• FAX(612)571-1287 September 9, 1997 Phiiip S. Dommer The Philip Stephen Companies 2605 Forestdale Road New Brighton, MN 55112 Dear Mr. Dommer: Thank you for your letter dated August 29, 1997. The plat of record at Anoka County for Heather Hills West shows Outlot B and not a continuous 50 foot right-of-way adjoining the southerly boundary of the Skinner parcel (#120798; May 3, 1982). Because this plat is of record at the County, the City must presume that it is correct. The City is continuing to process your application as you have requested. Should you need further information, please do not hesitate to contact me at 572-3590. §Mcerely, Barbara Dacy, AICP Community Development Director i ` BD/dw C-97-177 ft MEMORANDUM ` ` de nt Ve PLANNING DIVISION economic development DATE: September 19, 1997 To : William W. Bums, City Manager FROM: Barbara Dacy, Community Development Director ,,Scott J. Hickok, Planning Coordinator RE: Heather Hills North - Skinner Property Council Member Steve Billings requested information regarding the acquisition of Outlot B, Heather Hills West, By Phil Dommer. Mr. Billings asked, Why did we tell the City Council the 4'strip issue was resolved and the developer had purchased it, when he hadn't? Mr. Dommer represented to the Planning Staff that he wanted to be certain that he understood what kind of pending assessments he would encounter because he didn't want to have any surprises. He stated he had agreed on a price for the Outlot and was in the process of signing the purchase agreement with Brickners. On the day staff was responding to the completeness of his application, Dommer indicated that he did not have control of the property. He stated Brickner's would not sign the purchase agreement. He then commenced to explain his theory about why they wouldn't sign, and why he believes the Outlot does not exist. At that point staff handed Mr. Dommer's application back and said that without the resolution of this issue, his application was incomplete. Mr. Dommer indicated that to be false due to his belief that the Outlot was non-existent. Staff informed him that his final plat would depend on the resolution of this matter and that his request for a final plat will fail without it. Mr. Dommer handed his application back and asked to have it processed as is, adding, that the City could deny it if compelled to do so. Mr. Dommer simply wanted the City's answer. He stated he was under a time constraint due to his purchase agreement with the Skinners. He stated he has no option but to ask the r William W. Burns September 19, 1997 PAGE 2 City to move forward. Barbara excused herself from the meeting and called Fritz Knaak. Fritz and Barb discussed options. Staff proceeded accordingly. Interesting additional notes: Mr. Dommer later told the Heather Hills West neighborhood (at their September 10, 1997 meeting) that his non-contingent agreement with the Skinners has been renegotiated to include a contingency. A staff discussion with Marge Brickner indicated that Mr. Dommer still holds the purchase agreement for the Outlot and always has since it was put on the table. They have not heard from him, but are waiting for his signature to proceed. Mr. Dommer threatened that if the plat is denied he will join suit with the Skinners against the City of Fridley for denying "equal protection" to the Skinners at the time the 4' Outlot was created. M-97-398 CRYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432 •(612)571-3450•FAX (612)571-1287 September 22, 1997 Michael G. Dougherty Attorney Severson, Sheldon, Dougherty and Melinda, PA 7300 147th Street West Apple Valley, MN 55124 SUBJECT: Legal Opinion On Status of Outlot A, Heather Hills West, Anoka County Dear Mike: Thank you for the opportunity Thursday to discuss the matter of a second legal opinion on a development pending in the City of Fridley. The City would appreciate your review of the enclosed history surrounding this site and your opinion on each of the questions that we've asked of our City Attorney. INTRODUCTION The City of Fridley has a plat proposal that will appear on the City Council's October 13, 1997, agenda. The petitioner contends that an outlot of an adjacent plat does not exist, due to the City's flawed process in creating the outlot. Without the outlot, the petitioner's development directly abuts a public righ-of-way. With the outlot, his proposed plat has a 4' strip that separates it from right-of-way access, utilities, etc. We have discussed this matter with our City Attorney, Fritz Knaak, and asked him the following questions: 1) Is a right-of-way official upon final plat approval by the City Council, or only after it has been filed with the County? 2) If an adjacent property owner states on record they are not opposed to the development if it is self sustaining, and he will not be assessed, can the City Council add an outlot to the previously approved plat, as long as that plat has not been filed and as long as there is still time to amend the Plat, before the 180 days allowed for filing expires? Michael G. Dougherty September 22, 1997 PAGE 2 Specifically, a final plat for Heather Hills West was approved in April 1981. In July 1981, the developer petitioned for improvements. In August 1981, the City Council Members agreed (at the assessment hearing) that a 4' outlot should be created between the new development roadway and a neighbor who is uninterested in participating in the cost of improvements. This was done to assure that the development is self sustaining (paying 100% of improvements) and that the adjacent property owner is neither assessed or able to directly benefit from the improvements. Procedurally, that 4' outlot was added to the previously signed mylar of the Heather Hills West Plat (signed in April 1981). This means that after the August 17, 1981, City Council discussion regarding assignment of costs and creation of the 4' outlot, the Heather Hills West plat was professionally modified and filed at Anoka County. Does the plat stand as modified even though a new mylar was not created and new signatures were not obtained? 3) With the exception of the outlot issue, the proposed development is attractive and meets the standards required through our platting process. What is your opinion of staff's stipulation which was written as follows: Prior to approval of the final plat, the petitioner shall acquire Outlot B and incorporate it into the plat, or provide legal documentation to certify that Outlot B does not exist. I have attached copies of the staff report and documents the petitioner submitted with his plat request. Thank you for reviewing this matter and providing us with your opinion. If you have any questions, please call me at 572-3599. Sincerely: CITY F FRIDL Y c J. Hicko nning Coordinator C-97-190 r ' SEVERSON, SHELDON, LARRY S.SEVERSON DOUGHERTY & MOLENDA P.A. .TAMES F.SHELDON 7 SHARON K.BILLS MICHAEL G.DOUGHERTY- ROBERTB.13AUER MICHAEL E.MOLENDA CHRISTOPHER A.GROVE LOREN M.SOLFEST A PROFESSIONAL ASSOCIATION SHARI L.STERUD ATTORNEYS AT LAW GERALD(JUD)E.DeLOSS SUITE 600 7300 NEST 147TH STREET APPLE VALLEY.MINNESOTA 55124-7535 October 1, 1997 (612)432-3136 TELEFAX NUMBER 432-3750 City of Fridley Fridley Municipal Center Attn: Scott Hickok 6431 University Avenue NE Fridley, MN 55432 Re: Outlot B, Heather Hills West, Anoka County Our File No. 4732-15292 Dear Mr. Hickok: In response to your letter of September 22, 1997, we issue our opinion as to the applicable law based upon the facts as we understand them noted below. FACTS , On April 20, 1981, the Fridley City Council approved the final plat of Heather Hills West. At that time, Heather Place was illustrated on the proposed plat as being 50 feet in width and abutting the property directly to the north. At public hearings held by the City Council on July 13, 1981 and August 10, 1981, discussions occurred regarding shifting the location of Heather Place to the south. The owner of the property to the North expressed that he did not need Heather Place. At its regular meeting of August 17, 1981, the Council approved the final plans and specifications for water and sanitary sewer and storm sewer Project Number 134, (includes street installation) to service the Heather Hills West subdivision. At this hearing, the City Manager informed the Council that the developer was going to provide another outlot in the plat, Outlot B, for the purposes of separating the right-of-way for Heather Place from the property directly to the north. On May 3, 1982, the plat of Heather Hills West was filed for record with the Anoka County Recorder's office as Document No. 120798. The recorded plat denotes the existence of Outlot B (a four-foot wide strip of land abutting the property to the north) INDIVIM:6A]\FfORNEYS AI.SO I.I('I.NSI[D IN IOWA_AC IS('ONS IN A.ND NORTIi 1)AKO11\ `CI.RIIIII:D RFAI.PROI'IiR T I'L:\A SI'F(LAI.I ST.MSB\ and the dedication of a 46-foot wide right-of-way for Heather Place. The dedication portion of the plat donates and dedicates Heather Place as shown thereon to the public. Also, the recorded plat indicates, through the signature of the Mayor and Clerk that the City Council of Fridley approved the plat on May 18, 1981 (sic). However, the plat does not reveal when it was signed by either the Mayor or Clerk. In late May of 1982, the City awarded a public improvement project for the construction of Heather Place, as shown on the recorded plat. The property to the north of Heather Hills West consists of a single-family residence which takes its access directly to Central Avenue. The owner of the property has requested the City's approval of a subdivision of the property into seven lots as shown in a plat to be known as Heather Hills North. The applicant seeks to take direct access to some of the lots from Heather Place and questions the process and legality of the creation of Outlot B, Heather Hills West. ISSUES Based on the foregoing facts, you have asked for our opinion on the answer to three questions. Our opinion and answer to each question is as follows: l.) Does dedication of a right-of--way become official upon..final plat approval by the City Council or only after the plat has been filed with the County? Every donation to the public by means of a plat operates to convey the fee of all land so donated, for the uses and purposes named or intended, when such plat has been made in accordance with the provisions of Chapter 505 of the Minnesota Statutes and recorded.' The public's right to the use and enjoyment of Heather Place arose only after the plat had been recorded. Prior to recording, the public had no right to use Heather Place, even though the Council had approved a plat showing the same. While it is equally true, that to be effective the dedication of Heather Place must also meet all the provisions of Chapter 505, which includes approval by the City Council, I will address that issue later on in this opinion. 2.) May a plat which has been approved by a city council be subsequently modified, without express council approval, and be legally valid? A proposed plat must be presented for approval to the council of the city in which the land is located. In addition, the dedication on the plat shall contain a full and accurate description of the land platted and set forth what part of the land is dedicated, to whom and for what purpose.2 I is clear that the plat approved by the City Council is not one and the same as the plat which was subsequently recorded. rr There is no evidence in the City's records that the Council, as a body, formally approved the final plat as recorded, which delineated the creation of Outlot B and the 46-foot right-of-way for Heather Place. However, such failure does not necessarily invalidate the plat of Heather Hills West as recorded. The recorded plat alters by four feet the dedication of Heather Place to the City as originally contemplated in April of 1981. Instead of a 50-foot right-of-way, the owners of the platted property only dedicated a 46-foot right-of-way. The recorded plat evidences the intent .of the dedicator to limit the right-of-way open to the public to a width of 46 feet. Nevertheless, the City as the recipient of the donated right-of-way easement proceeded then to construct Heather Place in conformance with the recorded plat. When property is conveyed by reference to a plat on file in the county recorder's office and the plat so referred to actually exists in the recorder's office at the time of conveyance, the grantor and all persons claiming under the grantor are forever barred from questioning the validity of such plat. This is true notwithstanding that at the time of the execution and record thereof there existed any irregularity or informality in the execution or acceptance or record of such plat. In all such cases, such plat shall be deemed and taken to be valid, confirmed and legalized in all respects 3 Furthermore, Minnesota case law has held that grantees of property referenced as platted are.estopped from denying the legal:existence of the streets'.'" and public grounds dedicated by the plat 4 Heather Place was dedicated to the public as a street through the recording of Heather Hills West. The City of Fridley in exercise of its authority over local streets, undertook the construction of Heather Place in conformance with and in recognition of Heather Place as dedicated on the recorded plat. The City was aware of the 46-foot wide dedication and in light of its action to construct a street within 46 feet, the City would be estopped from denying the existence of the plat of Heather Hills West as recorded. Since the City has never received Outlot B as a dedicated right-of-way nor has it exercised any control over Outlot B, it is our opinion that Outlot B legally exists as shown on the recorded plat. In arriving at our opinion, we find it immaterial as to whether the adjoining property owner either expressly or impliedly consented to the reduction of the right-of-way for Heather Place. We do note, however, that the jurisdiction over local streets is in the hands of the City Council and to the extent that the Council desires to create a record expressing that it claims no interest in Outlot B, it can do so through a vacation process. While such process may be legally unnecessary, it would manifest the actual state of the public's interest in Outlot B. Since the parcel to the north of Oudot B has direct access to a public street (Central Avenue) there MEMORANDUM .:,:; "'•'•`'<' (edevel ment PLANNING DIVISION �£onomic €development DATE: October 2, 1997 TO: William Burns, City Manager, 'r FROM: Barbara Dacy, Community Development Director Scott J. Hickok, Planning Coordinator SUBJECT: Legal Opinion for Outlot B, Heather Hills West After considerable discussion about Outlot B, Heather Hills West and the plat process to create it, staff contacted Michael Dougherty of Severson, Sheldon, Dougherty, and Molenda to provide an independent second opinion on the City's position in this issue. We are delighted to report that the City is in good legal standing regarding the circumstances of this case. Despite the irregularities in the plat process, the attached opinion finds that Outlot B does exist, was properly filed, and the staff recommendation to require the developer to acquire it, is entirely reasonable. Further, Fritz attempted to call the developer's attorney on three separate occasions. Today, Mr. Dommer's Attorney did respond and a meeting was scheduled for Tuesday, October 7, at 9:30am. Staff will provide an update on the outcome of the meeting with Mr. Dommer's attorney. The Dommer item will be scheduled for the City Council's October 13, 1997 agenda. M-97-410 10/13/97 14: 19 $612 490 1580 HOLSTAD&LARSON R001 � 1 Holstad and Larson, P.L.C. Attorneys at Law 3535 Vad nais Center Drive St. Paul, MN 55110 Telephone (612)490-9078 Fax (612) 490-1580 Frederic W. Knaak-Of Counsel FACSIMILE COVER SHEET Confidentiality Notice: The d6cuments accompanying this fax contain confidential information which is legally privileged. The information is intended only for the use of the below-described recipient. If you are not that person, then you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance on the contents of this telecopied information except in its direct delivery to the intended recipient named below is strictly prohibited. If you have received this fax in error, please notify us immediately by telephone or arrange for return of the original document(s) to us. Thank you. TO: ATTN: �• f/rAr 1. FROM: �� DATE: RE: NCTIVIBER OF PAGES INCLUDING THIS PAGE: FAX NUU BER: IILW Me—) PHONE NUMBER: MESSAGE: • If you experience any problem ith the quality of this fax, please call us at(612) 490- - 0 ur fax number is(612) 490158 . 9078. O 10/13/97 14:20 $612 490 1580 HOLSTAD&LARSON 002 The Philip Stephen Companies Housing • Real Estate Development • Land Use Services 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 Honorable Mayor and Council Members October 13, 1997 City of Fridley Hand Delivered 6431 University Avenue Fridley, MN 55432 c/o Fritz Knaak, City Attorney RE: 30 day extension of the 60 day agency action rule 6217 Old Central - "Skinner" Parcel PS97-04 Heather Hills North Dear Mayor and Members of the City Council: So that more time may be given to resolve the issues surrounding this plat, I hereby agree to an extension of the 60 day agency action rule for platting. I understand that the item will not be heard at this evenings Council meeting, October 13, 1997. Please advise me when the item will be back on your agenda and do contact me if I can assist in this process in any way. I look forward to working through this with you and your staff. Best regards, Philip S. Dommer cc Robert G. Hensley, Esq. RECD OCT 1 1997 CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432 •(612)571-3450•FAX(612)571-1287 October 14, 1997 Phil Dommer Phillip Stephan Companies 2605 Forestdale Road New Brighton, Minnesota 55112 Dear Mr. Dommer: The City Council received your request to continue your preliminary plat item for 30 days. As a result of your request and due to the fact your plat continues to have an unresolved issue of access to Heather Place, the City Council extended the 60- Day Agency Action Deadline an additional 60 days in accordance with Mn. Stat 15.99. The City Council also continued your Plat item until November 10, 1997. The 60-Day Agency Action Deadline had to be extended to accommodate your request for a continuance. It is our hope that you are able to do what is necessary to complete the plat by providing access to street and utilities. It should be clear that in no way does this extension include a commitment on the part of the City to help you resolve your outlot/access issue, or assist in negotiations to obtain said outlot. The extension is merely an opportunity to provide time for you to resolve your access issue, rather than having the plat denied for lack of street access to the lots. It should also be clear that there is no commitment on the part of the Council regarding the disposition of your plat. The Council's commitment is to simply allow you additional time. i f � Phil Dommer October 14, 1997 PAGE 2 If you have questions regarding this matter, please contact me at 572-3599. Sincerely, CITY OF FRIDLEY VHickok g Coordinator C-97-202 -COMM.JOURNAL- ** *********** ** DATE OCT-14-1997 ***** TIME 16:06 *** P.01 MODE = MEMORY TRANSMISSION START=OCT-14 15:44 END=OCT-14 16:05 FILE NO.= 239 NO. COM ABBR/NTWK STATION NAME/ PAGES PRG.NO. PROGRAM NAME TELEPHONE NO. 001 INC s 5866344 000/003 -CITY OF FRIDLEY - 612 571 1287- **Hc****** CITY OF FRIDLEY FAGSI l LE TTA NSMIT TAL SHEET COMPANY: DATE: ) O /�j PAX NUMBER: TOTAL:O.OF iAr.FS lr4CLXJDiNG COVER! PHONE NUMBER: SENDER'S PHONE NUMBER: Re' SENDERS PAX NUMBER: ❑URGENT O FOR REVIEW ❑PLEASE COMMENT ❑PLEASE REPLY❑PLEASE RECYCLE NOTES/COMMENTS: 6431 UNIVERSITY AVENUE, NE, FRIDLEY, MN 55432 The Philip Stephen Companies Housing • Real Estate Development • Land Use Services 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 Area Neighbors November 4, 1997 Heather Hills West RE: Progress Report, and, Request to Table Item until December 8, 1997 6217 Old Central - "Skinner" Parcel - PS97-04 Heather Hills North Dear Concerned Neighbors: Recently meaningful discussion has taken place regarding the above referenced plat. Since key issues are still unresolved, on November 10, 1997 I will be requesting that the item be tabled until the first meeting in December. (I will not be available for the next November meeting.) Please be advised that the City Council will make the decision regarding tabling. You should be prepared to speak, if you desire, on November.10th in the event the item is not tabled. For your reference, progress has been made on the following: 1. There has been some concern regarding the architectural character of potential homes. While market conditions will be the best indicator of home styles chosen at build-out, the attached renderings illustrate two alternate designs which meet our size and design criteria and are readily available to builders from plan services. 2. At a minimum the corner lot will be adjusted to meet the 80' width requirement by adjusting the lot lines east 2 feet. Our plat will need no variances. It is our hope to increase the width of all lots if we are successful in completing our current discussions. The outcome of these discussions may also make the legality of Outlot B a non-issue. 3. We remain strongly opposed to any right-of-way extension of Ben Moore Drive. 4. Some of you have indicated an interested in purchasing the property I control and the Brickner piece(s) so you can have hands-on control of the project. I will consider non- contingent written offers with 10% earnest money on or before Thanksgiving day. I understand that the Brickners will entertain offers as well. At the right price, this option may be satisfactory to all. Please call me if you have any questions or concerns. Best regards, Enclosures Philip S. Dommer 15.06 The Philip Stephen Companies Housing • Real Estate Development • Land Use Services 2605 Forestdale Road New Brighton, Minnesota 55112 (612) 604-0937 Honorable Mayor and Council Members November 4, 1997 City of Fridley Manager's Office Hand Delivered 6431 University Avenue Fridley, MN 55432 RE: Request to Table Item until December 8, 1997 6217 Old Central - "Skinner" Parcel - PS97-04 Heather Hills North Dear Mayor and Members of the City Council: Recently meaningful discussion has taken place regarding the above referenced plat. Since key issues are still unresolved, I am requesting that the item be tabled until the first meeting in December. (Unfortunately, I will be unavailable for the next November meeting.) For your reference, progress has been made on the following: 1. There has been some concern regarding the architectural character of potential homes. While market conditions will be the best indicator of home styles chosen at build-out, the attached renderings illustrate two alternate designs which meet our size and design criteria and are readily available to builders from plan services. 2. At a minimum the corner lot will be adjusted to meet the 80' width requirement by adjusting the lot lines east 2 feet. Our plat will need no variances. It is our hope to increase the width of all lots if we are successful in completing our current discussions. The outcome of these discussions may also make the legality of Outlot B a non-issue. 3. We remain strongly opposed to any right-of-way extension of Ben Moore Drive. 4. Neighbors have hidicated they are -interested i'r.p]�rchasing the property I control and the Brickner piece(s) so they have hands-on control of the project. I have informed them that I will entertain offers and have confirmed that the Brickners will do the same. At the right price, this option may preclude alternate action and be satisfactory to all. Thank you for your consideration of this request. With some additional time, I am hopeful that we can reach an agreeable resolution and realize a quality project. Best regards, �Y Enclosures Philip S. Dommer �Y�i!Kj•` 1.1 1 � v ��V`�Tr �--�.."'' :.t:•. ••: -t^�•' -mac ' .J , ytp '1:�'•..'��' :r• ,iii , - ,�y � ,r�,� �'•�► If,�!•1:•it ''•p.• V �� \` 4.9 '1'"''-,a.� Vaff,� ��r,••, �7S+r V1r j``- I,,•.,��.Vii. I•a _ ' .,id.�:.� M�,,\' ' �jc !L a;•��v�V.y r 7��.�-,`�„�i•:•..��;F y,.... , � `y�`'�I �Wit. ♦• •' �1 �ti•V Wit•• �:�:(:•f. C•�\;�.G a�:v� .. I `�;`,-. `, S,py = j •` {-� � �`��r/o ,r�:y�j.r`•••'• /' a :�,''•� +y5?- � aj4 �! '�;•�' { 'l�/, 1�:�l•a . I�� € —.fes. -> t�r�.�#t•3 !RXI '! ••y` �+� "IEll 'i~• ♦�:.�w. �1�;aC.I�� 1 zix •.i.±a� .tG�lt 'NW Ls IV— � .. •� - - �� ekate= :• a HERE� .:<yJ `\ . 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Public Works Director CITY OF FRIDLEY PROJECT SUMMARY Project Title Agenda Item: 2 Applicant: Philip Dommer Case Number PS#97-04 Application Date':,August 15, 1997 -Staff Reviewer: Dacy/Hickok Meeting Date: September,1-7,:1997 City Manager Authorization DESCRIPTION OF REQUEST: The Philip Stephan Companies, Inc. New Brighton, requests plat approval of a 7 lot plat on Auditor's Subdivision #22. If approved as platted, the developer intends to build 6 homes facing Heather Place and a 7th home taking access from Ben More Drive. SUMMARY OF ISSUES IThe property currently includes 2.148 acres. The property is described currently as: I Lots 20 and 21, Auditor's Subdivision #22. A home (6217 Central) exists o„ the property. The home will be removed from the site. Seven lots have been proposed for this development. Chapter 205 of the City Code requires that R-1, Single Family residential lots contain minimum 9,000 square feet and have a lot width of 75 feet at the required setback. Lots 1-6 of the proposed development average 11,344 square feet. Lot 7 (outlot A), is 17,988 square feet. All lots met the 75 foot minimum lot width. Currently the plat is improperly drawn in that it shows the development property immediately adjacent to Heather Place. A four foot outlot separates the proposed lots from Heather Place access. The developer will be required to either acquire Outlot B, Heather Hills West, or substantiate his claim that the outlot does not legally exist. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of plat request PS #97-04 with 12 stipulations (see body of report). i Project Summary Page 2 PROJECT DETAILS Petition For: A 7 Lot Plat on Lots 20 an 21, Auditor's Subdivision No22, Anoka County, Minnesota Location of Property: 6217 Central Avenue Legal Description of Property: Lots 20 and 21, Auditor's Subdivision No. 22, Anoka County, Minnesota Size: 2.148 Acres Topography: Varied, steep slopes at north-east corner Existing Vegetation: Native woodland/urban lawn Existing Zoning/Platting: R-1, Single Family Residential, Auditor's Subdivision Availability of Municipal Utilities: In Heather Place R.O.W. Vehicular Access: Heather Place (pending outcome of outlot acquisition) Pedestrian Access: NA Engineering Issues: Noted in body of report Comprehensive Planning Issues: This proposal complies with the Comprehensive Plan designation for this parcel Public Hearing Comments: To be taken Project Summary Page 3 ADJACENT SITES: WEST: Zoning: C-3, Land Use: Moore Lake Center SOUTH: Zoning: R-1 Land Use: Single Family Res. EAST: Zoning: R-1 Land Use: Single Family Res. NORTH: Zoning: R-1 Land Use: Single Family Res. Site Planning Issues: REQUEST The Philip Stephan Companies, Inc., New Brighton, requests plat approval of a 7 lot plat on Auditors Subdivision #22. If approved as platted, The developer intends to build 6 homes facing Heather Place and a 7th home taking access from Ben More Drive. The property currently includes 2.148 acres. The property currently is described as Lots 20 and 21 Auditor's Subdivision #22. A home (6217 Central) exists on the property. The home will be removed from the site. Seven lots have been proposed for this development. The Developer proposes that 6 lots will take access on Heather Place and lot 7 (Outlot A) will take access from Ben More Drive. Chapter 205 of the City Code requires that R-1, Single Family residential lots contain a minimum of 9,000 square feet and have a lot width of 75 feet at the required setback. Lots 1-6, of the proposed development average 11,344 square feet. Lot 7 (Outlot A), is 17,988 square feet. All lots meet the 75 foot minimum lot width. Chapter 205 also requires a minimum street right-of-way frontage of 25 feet. Provided the developer acquires Outlot B, Heather Hills West all proposed lots meet the required minimum. Without acquisition of Outlot B, Heather Hills West the 6 lots facing Heather Place do not have street frontage. Outlot A, Heather Hills North, has a 28 Foot frontage on the Ben More right-of-way. The Developer will be required to either acquire Outlot B, Heather Hills West, or substantiate his position that, "Outlot B, Heather Hills West, does not exist". The plat filed with the County Recorder's office shows Outlot B, does exist. COMPREHENSIVE PLAN Project Summary Page 4 The projected 1990 Land Use Plan (Comprehensive Plan) designation for.this site-and its surrounding area is Low Density Residential. From a street frontage perspective, there is a realistic potential of only 7 single family lots. The 7 lot single-family redevelopment would be consistent with the Comprehensive Plan. SITE HISTORY The Skinner Home was built pre-1950 1969-A permit was taken to re-roof the Home 1970- A permit was taken to remodel the garage In 1980, Brickner Builders proposed the Heather Hills development south of this proposed plats property (aka. Skinner property). G. Ralph Skinner, owner of 6217 Central, clearly was not interested in paying for a road that would benefit him in the future development of his property, at that time. Placement of the roadway to serve Heather Hills West was debated. On March 16, 1981, The City Council set a public hearing date of April 13, 1981. The Heather Hiiis 'vvest plat. The plat was approved. Initially, the City had evaluated an access to the Heather Hills West Project from Ben More. The City ultimately decided that, with the length of the resulting cul-de-sac, and varied topography in this area that an alternative access from Central would be most appropriate. July 1981, Brickner Builders petitioned for a street improvements, sanitary sewer and water. Heather Place was proposed to be installed to serve the Brickner development and to provide for future development of the Skinner property (Heather Hills North property of proposal). Much discussion occurred before the City Council regarding the timing of this road and Skinner's portion of the assessments. Mr. Skinner was not interested in the options available, including a deferred assessment. Brickner agreed to paying 100% of the assessments. Without the participation of the adjacent property owner (Skinner), Brickners would be required to pay an additional $56,110.00 for roadway and the associated improvements. On August 17, 1981, the City Council made the decision to allow Heather Place right- of-way to be installed entirely on the Brickner property. No assessments were assigned to the Skinner property, therefore Skinner access to Heather Place could not be guaranteed. The curb of the Heather Place roadway and Skinner's property was now separated by a 4' strip of land which is owned by Brickners. Other access points for Project Summary Page 5 the Skinner property are encumbered by either topography or separate ownership of the property to the north of the Skinner property. In May of 1982, the final plat for Heather Place West was recorded at Anoka County. The Plat shows Outlot B, which is the 4' strip of land that separates the Skinner property from Heather Place, the roadway that serves the Heather Hills West Plat. The Brickners have been paying taxes on Outlot B, since the plat was filed. Currently, the developer contends Outlot B, does not exist. The surveyor for the developer has placed;hi Istipture on the line indicating that all elements of the plat before you are true anal accurate. The 4' strip (Outlot B, Heather Hills West) is not shown. However, Minutes of City Council actions and the officially recorded plat document at the County Recorders office show this not to be true. The developer will be required to either acquire Outlot B, Heather Hills West, or substantiate his position that it legally does not exist. Staff has analyzed alternative access options, however, Heather is the only real access option for the proposed lot confiauration. NEIGHBO RH00D The setting is beautiful. South of the proposed plat exists single family homes have been constructed in the Heather Hills development. To the east of the property is a relatively severe slope which connects to the Ben More/Kerry Circle residential neighborhood. To the north of the Skinner property is a series of single-family homes exist on large lots. To the west is Central Avenue. Proximity of these lots to the Heather Place neighborhood, combined with ample lot size and natural amenities would provide an excellent setting for an executive home development. Further, executive housing in this area would accomplish the objective of diversifying the City's housing inventory and providing executive "move-up" housing in the community. The average Heather Hills West lot value recorded in the City's 1995 assessment records is $40, 270. By comparison the Heather Hills West lots average 11,614 square feet and those proposed by Philip Stephan Companies is 12,293. Thought the lots are more regular in shape, they are very, comparable in size. Form a Lot frontage on roadways perspective, all proposed lots will be 75', with the exception of Outlot A (lot 7), which will have 28' of street frontage. NEIGHBORHOODIDEVELOPER MEETING On Wednesday, September 10, the Heather Place West neighborhood met to discuss the future development of the Skinner property at the corner of Central Avenue and Heather Place NE. The developer, Phillip Dommer, presented his proposal and explained the architectural character he hopes to create through his efforts. The other Project Summary Page 6 purpose of the meeting as described by the developer was to, "hear the concerns of the neighborhood". The neighborhood voiced concerns about the following: lower priced homes adjacent to their property, the status of the 4' outlot, whether the developer will be staying to build, or simply platting the property to sell, whether the developer will honor the covenants imposed by Brickner Builders, too many homes, too many lots, a "townhouse look", number of driveways, building materials, and what would be the developer's minimum landscape requirements. In response to the neighbor's concerns, Phil Dommer stated that that was the purpose of the meeting. Dommer then asked what standards would acceptable. There appeared to be a consensus and Mr. Dommer agreed to the following list of standards: • A $300,000 base price minimum for all 6 homes to be built • A single shared driveway between two units (3 driveways total on Heather Place) • Concrete Driveways • No two homes the same • Textured "Architectural Shingles" • Brick, stucco, stone and bleached shakes • Lighting in the front yard • Matching mail boxes • Landscaping plans prepared by a landscaping professional • An $8000.00 minimum landscape budget for each unit • An entry monument at Central on the north side of Heather Lane • An 1800 s.f. main floor for each home Mr. Paul Beecroft, of 6199 Heather Place, requested that City staff investigate the potential of a "NOT A THROUGH STREET" sign. I have investigated this issue this morning with Jon Haukaas and determined that if the neighborhood petitions for a sign, the issue will be evaluated by an internal committee. If endorsed by the committee, a sign will be installed. OTHER STREET CONNECTION ISSUES As part of the new seven lot plat, adequate space for a street connection should be platted on Lot 6 and Outlot A (Lot 7) to provide for the option of a future connection to the north. Allowing for the street-to-the-north option at this time serves a number of purposes. It would provide for a future internal neighborhood link, provide an early alert to the Heather Hills North neighborhood of potential for future development (north), and new home/lot buyers would not be alarmed by a future road installation if a redevelopment plan were to occur on the properties to the north at some point in the future. The internal neighborhood street could eventually connect to Rice Creek Road if deemed appropriate with a redevelopment. Project Summary Page 7 Because of varied topography, it has been determined that a street connection to Ben More Drive would require a dedication of 30' across the north edge of Lots 6 and Outlot A. Dedication of that land as well as the east 50' lot for County roadway purposes will be required. ENGINEERING COMMENTS • Services to Lot 3 are on or across Lot 4 property line. • No services have been shown to Lot 6 • No services have been shown to Outlot A • Proposed Grading Plan showing drainage west to CSAH No 35 (Central Avenue) from rear yards • Proposed grading cannot affect properties to the north RECOMMENDATION Staff recommends that the Planning Commission recommend approval of plat request PS #97-04 with the following stipulations: 1. Prior to approval of the final plat, the petitioner shall either acquire Outlot B and incorporate it into the plat, or provide legal documentation to certify that Outlot B does not exist. 2. Park fees shall be paid at the time of the building permit ($1500.00) 3. A $1,000/lot storm water fee shall be paid at the time of building permit. 4. Outlot A shall be changed to Lot#7 5. A 30 foot road easement shall be dedicated along the north lot lines of Lot#7 and lot 6. 6. Prior to issuance of a building permit on Lot#7, a detailed grading and drainage plan and an erosion control plan for the driveway and house plan shall be submitted. 7. No driveway access to Central Avenue is permitted. 8. The developer shall place restrictive covenants on the property regarding maintenance of shared amenities. 9. A maximum of 3 driveways will be permitted onto Heather Place, as proposed by the developer. 10. A demolition or moving permit shall be obtained, prior to demolition or movement of the existing home. 11. Dedication of the 50' easternmost lot illustrated on the proposed plat for County Roadway purposes. 12. All engineering issues identified shall be rectified to satisfy the City Engineering Staff prior to final plat submittal. Including, but not limited to: • Serv,,,ces to Lot 3 are on or across Lot 4 property line. • No services have been shown to Lot 6 • No services have been shown to Outlot A • Proposed grading plan showing drainage west to CSAH No 35 (Central Avenue) from rear yards Project Summary Page 8 • Proposed grading cannot affect properties to the north tSI 0. CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT SUBDIVISION APPLICATION FOR:: EaT'�-R A"s Plat LotSplit PROPERTY INFORMATION: -site plan required for submittal, see attached Address: &Z/7 Oen ENTQ�� gv4 NE Property Identification Number: St c J 3 _ T--3o E?2 y Legal Description: Lot Block Tract/Addition LOT 20A,-40 Lor z1 - - - /TVtlITOk'S,:r:..:JLIt'3D ' ''.ZZ u.•.,. !G:"AHirAZSWk�.€kttCrak4 ' r -.. i4iyax� ~ i�ou�y Current Zoning: P.-1 Square footagelacreage: Reason for Subdivision: of Akt,, C-114AIV UE No » riLize-6 -Bga'G41 Have you operated a business in a city which required a business license? I Yes X No If Yes, which city? , If Yes, what type of business? Howe`Cewsrnue-rioN Z�EpcFs;ArE�EyE�o�.y,�y7 Was that license ever denied or revoked? Yes No ,. VN.V.V1VVVVN�riVN.VViV1V .VwroVNVti�r�r.vtiwSrti�r�r1V ^rArVNrr�r.Vwr�rti�r�r FEE OWNER INFORMATION (as t,appears on the property title) (Contract urchasers: Fee owne must sign this form prio to ro ssin ) NAME: A1,12 ADDR SS: r7-AAC 1vE /YE' DAYTIME PHONE: S71 gto-To SIGNATURE/DATE: PETITIONER INFORMATION NAME: T e I +t,LI n SiEPHEwI �nynP �S �hc, ' l/ ficin �,�on�� zas vE.� ADDRESS: 2(Qo5' DAYTIME PHONE: 1969-093--7 SIGNATU E/DATE. - �� Y7 FEES Plat: $500.00 for 20 Lots, $15.00 for each additional lot ✓ Tot e' Lot Split: $250.00Rece'pt#: GF3 Received By: Application Number: I Scheduled Planning Commission Dater Scheduled City Council Date: ��j�j 10 Day Application Complete Notificati n Date: 60 Day Date: Preliminary Plat of �. HEATHER HILLS NORTH so { .18.80 _n�5-� •�/�7.1lZT� _ .I L. C, ..a , po_ 5'00 -`1' CoQ � • 7� )soon�i A Developer: The Philip Stephen Companies, Inc. 2605 Forestdale Raod � New Brighton, NfN 55112 m{ I Z "5 e! ,° 2 0 / 0 1 -4 q 11 I 5 I �:.f _•Ol(fLOT/ALAI B Iz u p/ / ' ! / x•x'.I S#� I q1 { 11 I( -BLOCK 1( t t I S� {.\ �qt. / - �I\ r+ L Contact: 78+86., I .1..! 75.00_- 1 ,1 05.00 75.00 t_l'75.D0� z _I uo.00 lip er LU - - - .. W./-- —_ {- - Tel.. - 37 , / ►� S DGmm 604 09 „;` 50 50\ Lj 50 N89ro302 W K 623.67 \ _ .J HEATHER PLACE HEATHER Q' CALLS 'iiE:J. 5I -75,00! X115 LEGAL DESCRIPTION: SCALE: 1 INCH 40 FEET LOT w10TN DEPTHAREA HOW FRONTAGE Lola 20 and 21,AUDITOR'S SUBDIVISION NO. 22, - — -_ _ Anoka County, Minnesota. { CODE 75 120 9000 S.F. 25 .-40 0 40 80. 120 BI I$ 1 '78.86 150 11,827 SF. 78.86 pI ( IAAMPu I 2 75 'ISO 11,251 S.F. 75 - 01 2100 SO 11 - r 3 75 150 11,249.S.F. 75 rn { DNL LEVEL I 0i• 4 75 150 11,248 S.F. 75 - 5 75 150 11,246 S.F. 75 ' 6 75 150 11,245 S.F. 38 I I - DUTLOT A 150 ,120 - 17,988 S.F. 28 ROAD 7,504 S.F. LEGEND tl GARAGE I - 1 ..E DRAINAGE tr UNLItt EASEMENT WER I HEREBY CERTIFY THAT THIS PRELIMINARY PLAT WAS I coo sO n. { uH ATN HYA.vE OLE PREPARED BY ME OR UNDER MY DIRECT SUPISION ce CATERVCH BASIN AND THAT I AM A DULY REGISTERED LAND SURVEYOR TOTAL AREA(INCLUDING ROAD) 93.558 S.F. OR 2.U8 ACRES POWER POLE - UNDER THE LAWS OF THE STATE OF MINNESOTA. PROPOSED DRAINAGE ANNOR / R REG..N0.7ve. DATE�, '7 5 N 75.001- I 5 NOTES:. W�MBTOCK 44s rnuN Raw, OtrVE - —,a COMMON AN •u'452 1. ALL BEARINGS SHOWN ARE BASED ON AHONA Go—GOOROMAIE SISIEM. ~13, INC. PLAN 2. ALL ELEVATIONS SHOWN ARE HCVD 1929 SEA LEVEL DATUM. �' RpNF: et2-2e4-u46 TYPICAL SITE PLi 1N 3. CONTOURS SHOWN ARE PER FIELD WORK AS OF 8/8/9]. EM: 612-)64-N46 4. GOPHER STATE ONE CALL(612-454-0002)MUST BE CONTACTED PRIOR TO NOT TO SCALE ANF ExCAvAnoN OR DEMOLITION. CONSULTING ENGINEERS i LAND SURVEYORS 5. UTILITY OAIA SHOWN IS FROM THE CITY OF 1'N-1 AND FIELD 06SERVA1ONS. 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C.1 no}9 Z6 S � nfr 0.14 000sd �Uj Cb N� ►.o Z ,Q � Baa N �6 I 'loo•°e°� `�E�aI Iq P r s�.zs 8.41.01 1b 6 9 21 2 iZ0 BZ, s A ' '•i D o° � .rte � H �8o A.zS�� 1{moo I t q I .- \ to ,r 1 \ •; FL oo'/S 66'61 4 00° R•5 �z o �,./o,6S,os s 1 FP Z7 01v vZ, dF ZB '-•• °° 00,6— 9a,8 y�N "_.; 1 ti h v 00 SL z 'o L-4 - `}1 �I W % e I s /Z Sl I h I 1 I ; looiz oosr /006 00'5'8/ FL'Z9 I ' Az Z Zr-- o M,,S/,9toO b; ° •- q � �t//'h' a�•n7 a�ooGV N DL7zF) M67� YOFl f/ 71-'25- J° 1/SS' J° a'IV ft-11W OFFICIAL PLAT ON FILE AT ANOKA COUNTY 26.13 Preliminary Plat of "L"D' y HEATHER HILLS NORTH n I .. .. �jf 623.81 ' / 1 /*• /, ��i •E = 1 .7e.n6' � � n0o�••C- 15.oG'- •{.• -E-• i /,,,, •; ru Developer: v i ( I i "` 1 t' '/ .! .-. The Philip Stephen Companies, Inc. { 2605 Forcatdale Raod , a 11 New Drighton, MN 55112 SF:Y{ M1 I 5 I 1 / =�f OCILOT;A W " 1 : N: i t/ :FtI I i t I a - i. `t -_ �..�1,:.� _. r I .I. t-BLOK `I t G ki i I\.1< <�r°':� ¢ �/ 4` �• !1' Rxr1 r J mil iN.' _� - 1 Contact: I 75Iw l I I 75(ILL '^',OS.dI' 75Iw•. 1,1 1 L wI I I I L,JI 7s.on 12D.DD Philip S. Uommt r 1_ _I ;^ 'I -1 I - Tel.: 604-0937 1_ R�' li .r.'. L d' asTy� ```l •Y •ai"•'. ' jr SO ( Ne9.03'02••W .F 1 w I $23.87 - HEATHER PLACE 50� {CA'I;it"R W a SU f ei -- --75.60i_ �, Y I4 SCALE: 1.INCH /0 FEET LEGAL DESCRIPTION: I II LOT WIDTH DEPTH AREA ROW FRONTAGE LoU 20 and 21,AUDITOR'S SUBDIVISION N0. 22, CODE 75 `1200 8000 S.F. -F. 25 Meka County,Minnesota. is� —u��--1 WI r — 15 —10 U 10 80 120 of aI I IUM«tt B 1 78.06 150 11,027 S.F. 70.86 I 2 75 150 11,251 S.(. 75 P noo so 11 3 75 ISO 11,219 S•F. 75 a I I 0Nt LLA, / 75 150 11,248 S.F. 75 5 75 ISO II,T16 S.F. 75 6 75 150 1t,T/5 S.F. 38 OUTLOT A 150 120 17,908 S.F. 20 ROAD 7,501 $.F. LEGEND 10 WrMCt I WAE JRANMCt Y.11—UStNENI 1 coo sort i - W.• K.-A I HEREBY CERTIFY THAT THIS PRELIMINARY PUT WAS NAt PREPARED BY ME OR UNDER MY DIRECT SUPERVIS,ON _ TOTAL AREA(INCLUDING ROAD) 93.558 S.F.OR 2.110 ACHESc. q ypi� AND 7HAT JOY A DULY REGISTERED LAND $VRVEYOR ranrwstu ox«,r,Aq..�e�n UNDER THE LAWS OF THE STATE OF MINNESOTA. �I + I $ •� ' RCC.N0.InnL� DATE J � N 75.001 ___�. N._..1—.....i. .. NOTES: �MSTOCK "•00W*•O0, 1 1 L—Al r.•.,..NN Aln nA•an Iw w«..A,.•ml,clNwlwrAn s.•aIN AVIS, INC. KWNr.wutn.,rN ssw Y{'ICAC `il l E PLAN s: CLNIW L—A s wr rui iq" `s"r nie'/+i N •S' 1 1. M— 111t ONE CALL IF 1/151- 2)MUSI tlC CON'1^Rl•«MAS•'IU •sot 1.SWr AMY UIU1`, ON ILL.Is ' CONSULTING ENGINEERS S LAND SURVEYORS !. NAM DAIA yxN71 a TMNI IH�an,0`1'NNILn AND Flap 09SIL-1w.. BOOK 10 PACE 10 IM 40.970557 FILE NO 1R-1--970:.:.7 Y f . r { J r I rL i r � I d r 5� bN HY26-32nNEj -1 vc-jLNEl5; m� y ETe)ACK _ c i 2le' 44, i r m — rn _ I z m - A Fin rn 2v� 41 m ► , 10 t H - Parcels Wthin 350' of 6217 Old Central Olt, CIS .16 0. 35 ViAt VA i D H I =AY-NO.COUNTY- -RAL'.;AV,,g N P E�,'-- CENT 04 94 /ass 401) 0,% (D 13K r1l m + 44 ez cl tip r 'en -LAN E-- (44 19 KERRY 1124 po .............................................................................. 404 UR- �J"T 11 IMP/ ART D Ot ' RICE__-, CREEK DRIVE lo to . Z DRIVE o 3.... vs of IE tULTI R E k 44 to tq A*�j \C'\.lk E qT.v BENJAMIN fid; W. iA FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 25 25. SPECIAL USE PERMIT, SP #97-07, BY PAUL LITWINCZUK, TO,AiLOW A SECONDARY ACCESSORY STRUCTURE GENERALLY LOCATID AT 6291 CENTRAL AVENUE N.E. (WARD 2): Mr. Hickok, Planning Coordinator, stated that the petitioner is requesting a, pecial use permit to allow a second accessory structure at 6291 Central Avenue which is in Elie southeast corner of Rice Creek Road and Central Avenue. The petitioner has recently concted a new home with an attached garage. The proposed second accessory structure is an existing 360 square foot garage which was built in 1973. The petitioner proposes to kee /the structure in its current location, and he would like to re-side and re-roof it to match the nw dwelling. Mr. Hickok stated that a building permit was issued for thew dwelling on May 28, 1997. A demolition permit to remove the dwelling constructed in the'1930's was obtained on October 20, 1995. The petitioner was cited for lack of properly completing the demolition project by not filling the hole left by the foundation. A bench warrant issued for the petitioner's arrest was recently dismissed given the petitioner's construction,,,6f the new home. A special use permit in 1995 for a second accessory structure was granted subject to three stipulations. A variance was also approved in 1995 to permit an existing enc 4achment by the former structure. The 1995 special use permit lapsed given/door" o is demolition of the original structure and construction of a new home. Mr. Hickok stated it is staff's undeat the garage is to be used for storage purposes and not to be a garage for vehicular serefore, the typical requirement for a hardsurface driveway is not recommended, ane is a stipulation to prevent access to Rice Creek Road. Staff recommends a "douas opposed to an overhead door to minimize the garage appearance and promote aling storage appearance. All grading, drainage and downspout locations shall be d signed in a matter to prevent detrimental runoff impacts to adjacent properties. All vehicle shall be stored on a hardsurface as approved by the City. Siding and roofing materials shall ma h the exterior of the new dwelling. A $20,000 letter of credit shall be submitted prior to issua a of a moving/building permit to insure timely completion of the project. Failure to comp ete the project by October 1, 1998, shall constitute a basis for establishing a public heari g to revoke the special use permit. The Planning Commis on voted to recommend approval of the request to the City Council. The Commission replace Stipulation No. 3 to read: "The structure shall not be used for a home occupation." Stip ation No. 5 was also amended to read: "An overhead garage door shall be installed." The ord "moving" was deleted from Stipulation No. 6. Staff recommends that Council concur ith the Planning Commission action. Mr. Hickok ated that the sixty-day window is October 28, 1997. MOTIO by Councilman Schneider to table Special Use Permit, SP #97-07, by Paul Litwinczuk. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. f - FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 26 26 RESOLUTION APPROVING A PLAT, P.S. #97-4, HEATHER HILLS NORTH (BY THE PHILIP STEPHAN COMPANIES, INC., TO RESUBDIVIDE THE PROPERTY, GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E.) (WARD 2): Mr. Hickok, Planning Coordinator, stated that the petitioner has recommended that this issue be tabled at this time. Mr. Knaak, City Attorney, stated that this is an unusual issue. He has spoken to the petitioner and their attorney. They expressed a desire to have the matter continued for thirty days to try to resolve this issue. Unfortunately, that bumps them up to the sixty-day rule. The petitioner is asking that the City extend the sixty-day rule for an additional thirty days. Mr. Knaak recommended continuing an extra thirty days to afford them time. Mr. Knaak stated that upon the request of the developer, it is to be tabled for thirty days. The sixty-day extension is a sixty-day extension which does not preclude Council from taking action on this item. After the hearing date is up, Council can proceed. Councilman Billings stated that the petitioner was led to believe that by extending this Council would not discuss the issue. However, Councilman Billings had a few questions. On the proposed plan, it looks like there is something on Central Avenue that is 50 feet wide. It appears that 78.6 feet is the size of lot one which is a corner lot. He asked if the City requires a corner lot to be larger. Mr. Hickok stated that the corner lot is land that will be dedicated to this plat as right-of- way. Ms. Dacy stated that 80 feet is the requirement on the corner lot. Councilman Billings suggested that staff bring that information back to the petitioner prior to the November 10 deadline. He also suspected Heather Hills may have an area, Outlot A. It was platted in the first Heather Hills addition so a driver would not have to enter from Ben More Drive. He suggested that staff bring that to Mr. Domer's attention. If he is negotiating with Outlot B owner and Outlot A he might get more support from the Ben More neighborhood. Mr. George Batson, 6191 Heather Place, said his residence faces the development. He was also willing to come back to another Council meeting to repeat himself. There are concerns, as the development has a new name, Heather North instead of Heather Place. He does not know of a single person supporting this concept. He is present because he was aware that Council may delay this issue. MOTION by Councilman Schneider to table action for thirty days on this resolution. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 27 MOTION by Councilman Schneider to extend the review period by sixty days to the petitioner on the request for a resolution approving a Plat, P.S. #97-04, Heather Hills North (by the Philip Stephan Companies, Inc., to re-subdivide the property, generally located at 6217 Central Avenue.). Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 27. INFORMAL STATUS REPORTS Mayor Jorgenson stated that she has received numerous telephone calls on the Univer,ity Avenue fence issue. A proposal was received from the Southern Anoka County Chamber f Commerce on the fence for the east side of University Avenue. Councilwoman Bolkcom stated that she would like to have a discussion this issue to review the Chamber's recommendation and staffs recommendation. There ar many items to consider beside the Chamber's proposal. Mayor Jorgenson reiterated that a Comprehensive Plan mee ' g is scheduled. Residents are encouraged to participate in this process. Councilwoman B kcom added that residents should please return the survey, as it is very important. Councilman Billings stated that Mr. Flora and he m with property owners on Jackson Street concerning water in their basements. Some prop y owners have sump pumps running seven days a week. The residents asked where the ter was coming from and if anybody has done hydrology studies. Mr. Flora will do some r earch. Before the City spends any money on the project, a proposal will be brought before C uncil. Mayor Jorgenson reported that she re ived a telephone call from a resident regarding a washout at Cheri Lane at Menards. Mr. Flora reported that the Ci is working with MnDOT. Results have been incorporated into the Highway 65 ramp proje . Easements are needed to install a catch basin into the Menards parking lot. MnDOT will nd the project. The City will look at the area to see if we can plug up the hole. Councilwoman B com stated that she met with some residents regarding the path along the parkway in the `ea from Mississippi Street to Stevenson School. Mayor Jor nson stated that there is a rumor going around that is not correct. There was a road kill involing a deer. A report of children chasing an animal; however, is not related to the death of thi animal. FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 28 ADJOURNMENT: MOTION by Councilwoman Bolkcom to adjourn the meeting. econded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenso eclared the motion carried unanimously and the regular meeting of the Fridley City Counc' of October 13, 1997 adjourned at 11:30 p.m. Respectfully submitted, Debbie Kidder Nancy J. Jorgenson Acting Secretary to the City Council Mayor FRIDLEY CITY COUNCIL MEETING OF N MBER 10 , 1997 PAGE 8 Mayor Jorgenson stated that C ncil does not take action on items brought up under the Open F um. It is something that Council will be reviewing. Possibly i could be permitted as an accessory use. 15. PRELIMINARY PLAT, . P.S. #97-04 , HEATHER HILLS NORTH, BY . THE PHILIP STEPHEN COMPANIES, TO RESUBDIVIDE THE PROPERTY GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E . (WARD 2) (TABLED OCTOBER 13, 1997) : Mayor Jorgenson removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this is a seven-lot subdivision at 6217 Central Avenue. Mr. Dommer, the petitioner, requested this item be tabled to this meeting. However, Mr. Dommer submitted a written request for an additional extension until December 8 to try and resolve certain issues . The sixty-day action period has been extended into the second sixty days, and Council must take action by December 12 . If this item is tabled to December 8, action must be taken by Council on this date. Councilman Billings asked if the petitioner is aware that this is the date when Council must take action. Mr. Hickok stated that the petitioner has been made aware of this issue. MOTION by Councilman Billings to table this item to the December 8, 1997 Council meeting. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. PUBLIC HEARINGS: 13. PUBLIC HEARING ON RICE CREEK BANK STABILI ON PROJECT NO. 309 (WARD 1) : MOTION by Councilman Billings to waive t reading of the public hearing notice and open the publi hearing. Seconded by Councilwoman Bolkcom. Upon a voic vote, all voting aye, Mayor Jorgenson declared the motion ca led unanimously and the public hearing opened at 8 : 06 p.m. Mr. Flora, Public Works Di ctor, stated that three petitions were received for a total of lneteen property owners in favor of this improvement . This r resents 83 percent of the 23 affected property owners . It is proposed that this project will be financed with 50 percent fr the Rice Creek Watershed District; 25 percent from the City; d 25 percent from the affected property owners. If Council a is the resolution to order the final plans and specificatio s, the project will begin with an anticipated completZe in September, 1998 . The project would be on-going duringinter months, depending on the weather. Mr. etrangelo, 520 Rice Creek Boulevard, wanted to make sure no ing would be done to his property without his approval . FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 'PAGE 7 permitted accessory use under the City' s ordinance. Mr. Hickok stated that this generator is three times larger th the typical home generator, with a muffling system and automotiv type muffler. Mr. Hickok stated that Council would need to adef se staff if they want to pursue an amendment to allow this tyVrI generator as an accessory use in a residential district. Onandicated that they would be willing to make some suggestions . Hickok apologized to Mr. Larsen for the delay. Since the Ci Code does not cover this situation staff felt it would be d trimental to locate a commercial generator in a residential yard Mr. Burns, City Manager, stated that p,4rt of the reason for the delay was for the time required for le 1 review. Councilman Barnette stated that wit out an amendment to the City Code he would be uncomfortable with this installation, as it is not listed as a permitted use. Mr. Hickok stated that Mr. Lars n indicated that in order to keep it viable he would run this it once a month for approximately five minutes . He is concerne about three phase power going into a dwelling. There is also a concern that if people start using generators to run a woodshop, it would be a use of land beyond what is permitted in residential districts . Mayor Jorgenson question d the size. For comparison, Mr. Hickok stated that it is abo as large as the podium in the Council Chambers . Councilwoman Bolkcom uestioned the noise level . Mr. Hickok stated that it would be ike starting a four cylinder engine. She questioned whether t could be soundproofed. Mr. Burns state that in talking to Onan it would need to be enclosed and in lated. Onan would be willing to develop a set of standards . Th' could very well be a model for Fridley, as well as other communi es . Mr. Hickok ated that the ordinance does not address these type of generators in a residential district. Perhaps this needs to be reviewed. Council an Billings stated that staff is not saying a generator of this t e is necessarily prohibited. At this point, the City does not h ve provisions in the ordinance to cover this use. Because ther is no language stating it is a permitted use, staff cannot giv the City' s stamp of approval . M . Larsen stated that he is trying to have it properly installed d hooked up permanently in his home, as an improper installation can cause shocks down the line. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 1997 PAGE 10 Mr. Flora stated that it is estimated around $18, 000 d would involve about nine or ten properties . This is a sump p p project where the City would provide $450 toward this cost It may be something that Council may wish to consider. As of ow, no one has shown any interest in connecting. This was dis ssed briefly at the meetings with the residents, but there has t been any further contact. Councilman Schneider asked where the s p pumps are currently draining. Mr. Flora stated that they were dra' ing in the street. This can cause a problem with the street be ' g wet and slippery. By having a piped system, there would be no urface impact whatsoever. Mr. Robert Townsend, 5874 Hac ann Avenue, stated that he lives at the bottom of the street. t was suggested that two additional catch basins be installed, ut they were told they were not needed. All the water comes in ont of his home. Over a foot of water seeped through his gar e door and into his basement during storms this year. There is need for two more catch basins . Mr. Flora stated hat there are three additional catch basins proposed in orde to drain the water on the street faster. Councilman S neider asked Mr. Townsend if he supported the project. M . Townsend replied in the affirmative. No other ersons spoke regarding this proposed improvement project. MOTI by Councilman Schneider to close the public hearing. Sec nded by Councilman Billings. Upon a voice vote, all voting a e, Mayor Jorgenson declared the motion carried unanimously and he public hearing closed at 8 : 22 p.m. 15. THIS ITEM FOR A PRELIMINARY PLAT, P.S. #97-04 , HEATHER HILLS NORTH, WAS CONSIDERED EARLIER IN THE AGENDA AND TABLED TO DECEMBER 8, 1997 . 16. RESOLUTION APPROVING A REDEVELOPMENT P AMENDMENT TO THE S-2, REDEVELOPMENT DISTRICT (PROJE PLAN AMENDMENT, ZOA 97-07, BY SEMPER DEVELOPMENT LTD--, TO AMEND A PREVIOUSLY APPROVED REDEVELOPMENT PLAN IN S-2, REDEVELOPMENT DISTRICT, GENERALLY LOCATED AT W 5 UNIVERSITY AVENUE N.E. (WARD 1) (TABLED OCTOBER 27,f-'1997) : Mayor Jorgenson removed t ' s item from the table. Ms. Dacy, Communit Development Director, stated that since the October 27, 1997 eeting, staff reviewed the site plan to determine if additional spaces on-site could be created. Walgreen' s is proposing t locate their building in the center of the site with parking i front of the building and along the Mississippi Street right-o -way and University Avenue. There will also be spaces to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10 , 1997 PGE 9 Mr. Flora stated that is what the City agreed upon. Mr. Gary Knight, 513 Rice Creek Terrace, asked if the ank erosion would be taken care of. Mr. Flora stated that the walls of the creek w uld be lined in order to keep the creek in its channel and to s op the walls from eroding. Ms . Lynda Ellis, 540 Rice Creek Boulevard, as ed if the holes would be filled referring to the second rabbit ear. Mr. Flora stated that the first rabbit e has already eroded, and the holes would be filled. No other persons spoke regarding thi proposed bank stabilization project. MOTION by Councilman Billings t close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared t e motion carried unanimously and the public hearing closed at 8 : p.m. At this time, Councilman Schn der arrived at the meeting. 14 . PUBLIC HEARING ON HAC AVENUE IMPROVEMENT PROJECT NO. ST. 1998-1 : MOTION by Councilman Sch eider to waive the reading of the public hearing notice and open he public hearing. Seconded by Councilman Billings . Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion arried unanimously and the public hearing opened at 8 : 15 p.m. Mr. Flora, Public orks Director, stated that a meeting was held with residents Hackmann Avenue and Hackmann Circle. Five petitions were ceived with 27 of the 59 residents or 46 percent in favor of the improvement. The improvement consists of replacing the water lin and rebuilding the streets with concrete curb and gutter on Hac ann Avenue and Hackmann Circle. Councilman Schneider asked the proposed impact as far as the alignment f the streets . Mr. Flo stated that the entire street surface will be removed to make t e water line connections, as well as removing the existing curbi and adding the gutter. It was suggested, in conjunction with this project, that a sump pump drainage system could be ins lled in the street to connect to the storm system. However, th e was not much support for this suggestion. Councilwoman Bolkcom asked the cost to install the sump pump drainage system. t FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 5 speed board that only picks up the first car' s speed in a series of vehicles . The speed trailer will pick up all cars, monitor speeds, and identify those vehicles exceeding the speed limit. The cost for this speed trailer is $14, 300. Ms . Griep stated that another recommendation was to purchase a lap top computer with a portable projection unit to be used by the neighborhood resource officers to identify areas of crime and other data during their presentations . The final recommendation was to purchase digital cameras used primarily in domestic violence cases to identify personal injuries sustained by victims . Mayor Jorgenson asked if the speed trailer could be equipped at a later date with camera equipment. Ms . Griep stated that it does have that capability. It is, basically, an awareness tool. If there are a lot of traffic violations in a certain area enforcement would be increased. Councilwoman Bolkcom asked the advantage over the hand held units. Ms . Griep stated that with the hand held units an officer needs to be present. Councilwoman Bolkcom asked if the advisory board agreed to these purchases, or if they had any other ideas. Ms . Griep stated that another issue discussed was greater enforcement for those persons violating red lights . This is being reviewed through the GIS mapping. Equipment would be needed for high speed chases and other tactical type equipment. The board did not want to support these at this time. Ms . Griep stated that this hearing is an awareness process for anyone who wished to voice any concern or comments if they were not in agreement with the advisory board' s suggestions . The public hearing notice was published in the official newspaper in the event anyone wished to attend. Mr. Burns, City Manager, stated that this item was mentioned as part of the consent agenda at the last City Council meeting. The City' s legal obligation is to hold the public hearing. No persons in the audience spoke regarding this local law enforcement block grant. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously and the public hearing closed at 7 : 52 p.m. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 6 OLD BUSINESS: 11 . PRELIMINARY PLAT, P.S. #97-04 , HEATHER HILLS NORTH, BY THE PHILIP STEPHEN COMPANIES, TO RESUBDIVIDE THE PROPERTY GENERALLY LOCATED AT 6217 CENTRAL AVENUE N.E . (WARD 2) (TABLED NOVEMBER 10, 1997) : MOTION by Councilman Barnette to remove this item from the table. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hickok, Planning Coordinator, stated that this property in the plat is located south of Rice Creek Road, east of Central Avenue, and west of the Moore Lake Racquet Club. There is an existing home on the property at 6217 Central Avenue. A preliminary plat has been filed. That plat has two unreserved issues . They are: access to heather place, due to a four foot outlot in the Heather Hills West developments and lot 1 does not meet the minimum eighty foot requirement of the subdivision ordinance. It will require a two foot addition to comply with the City' s subdivision ordinance, as it now only has a dimension of 78 feet. Mr. Hickok stated that this request is to create seven single family lots in an R-1 zone. Each lot exceeds the 9, 000 square foot minimum required. Six homes will be "paired" sharing a single driveway and maintained within a homeowner' s association, but, architecturally, they would be individual . The average price of the homes to be marketed is $300, 000 with 1, 800 square feet on the main floor. There would be shared concrete driveways, matching mailboxes, yard lighting appropriate for the architecture in the area, as well as an entry monument off Central Avenue. The seventh lot would be maintained separately with access from the Ben More cul-de-sac. Mr. Hickok said the status of Outlot B, Heather Hills West is without resolution. Without Outlot B, this plat does not have legal street access. As of today, staff has not received word that acquisition of Outlot B has occurred. With the exception of the access issue and the minor modification of Lot 1, the plat meets the requirements of the subdivision ordinance. Staff recommends the plat be denied due to lack of required street frontage. Councilman Billings stated that in a letter dated November 4, 1997 and signed by Mr. Dommer. In the letter Mr. Dommer stated that the corner lot would be adjusted to meet the 80 foot width requirement. Councilman Billings asked staff if anything has been received indicating that this adjustment has been made, and if any information has been received indicating that Mr. Dommer has control of Outlot B. Mr. Hickok stated that staff has not received any further information on the lot adjustment or control of Outlot B. Councilwoman Bolkcom asked if Council was seeking additional information at this time. FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 7 Mayor Jorgenson stated that the Planning Commission held a public hearing. Council either attended this meeting, received a copy of those minutes, or viewed the meeting on cable television. Councilman Billings stated that this is not a public hearing, only an item for Council action. Mr. Hickok stated that the official public hearing was held before the Planning Commission. Mayor Jorgenson stated that when this item was first before Council, the developer and his attorney were not present. Therefore, the item was tabled and residents did not comment. This item was again tabled at the last Council meeting which did not allow comments from residents . Councilman Billings stated that this is not an official public hearing. If Council is prepared to take action there is no legal requirement that the issue has to be kept open as a public hearing. Mayor Jorgenson stated that both she and Councilman Schneider received calls from neighboring residents . She did not want to exclude them from speaking. Councilwoman Bolkcom stated that testimony was heard at the public hearing before the Planning Commission. She did not want the same information brought up again. Mr. Dommer, the petitioner, stated that Heather Hills North is a fine project and would create valuable homes . He will try to introduce new information regarding this development. Councilman Billings stated that Mr. Dommer, in his letter of November 4, addressed the 80 foot width requirement for a corner lot. Councilman Billings asked Mr. Dommer if he had a new survey plat showing the 80 foot lot. Mr. Dommer stated that he brought a site plan with him that shows this lot as 80 feet wide. Councilman Billings asked Mr. Dommer if he has taken control of the four-foot strip. Mr. Dommer stated that it is their position that the four foot strip does not exist, and no one has control of it. Councilman Billings stated that Council has read all the information regarding this plat, and action will be taken this evening. However, he would be happy to hear any clarification of the points . Mr. Dommer stated that there are two stipulations in the staff report that he feels must be addressed before action by the Council . There is a site plan that shows the 80 foot width on the corner lot. The rest of the lots are 77 feet wide. i FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 8 Councilman Billings asked if the 77 foot widths were discussed with the Planning Commission at the public hearing. Mr. Dommer stated that was not an issue at the time. Staff indicated that 75 feet was the required width. After the public hearing staff stated that it did not meet the width requirement. Councilman Billings questioned if modifications can be made to the plat without a public hearing. Mr. Dommer stated that he felt this could be done with a preliminary plat before a final plat is approved. He would, however, like to address the two stipulations . Councilman Billings stated that depending on the outcome of the four feet strip, it may or may not be necessary to address these two stipulations . Mr. Robert Hensley, attorney for Mr. Dommer, stated that he was retained by Mr. Dommer to review some of the legal issues in this case. The primary legal issue involves the four foot strip and to analyze the history of the strip to determine the legal property interests . A letter dated December 1, 1997 was sent to the City. MOTION by Councilman Billings to receive the letter dated December 1, 1997 from Mr. Hensley Re: Philip Stephen Companies/ Approval of Preliminary Plat. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. Mr. Hensley stated that there were a number of discrepancies and unusual legal circumstances involving the plat that was approved in May, 1981 . The actual signature block for the plat shows that the owner of the property, the Peoples Church, dedicated that particular roadway that was Heather Place in May, 1981 . At that time it was 50 feet wide. Council approved the plat at their May 18, 1981 City Council meeting. Councilman Billings asked if there is a quit claim deed that deeds the 50 feet to the City or the actual verbiage from the plat that addresses this 50 feet. Mr. Hensley stated that he was not aware of a quit claim deed. Only the easement is shown on the plat. Mr. Hensley stated that attachment 7 (to his December 1 letter) shows Outlot B. Councilman Billings asked if that is what is actually on file with Anoka County. Mr. Hensley stated that he does not believe it was actually filed with Anoka County. He believes that the document filed had been altered after it was filed. There is no question that there were changes made. The outlot was not created as a platting process, but was part of the sanitary sewer project. That occurred in FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8 , 1997 PAGE 9 August, 1981; however, everyone signed the plat and notarized it in May. Councilman Billings stated that this would probably have to be settled in court. He asked the City Attorney if Council has the discretion to pick and choose what is on file at the County. Mr. Knaak, City Attorney, stated not to his knowledge. Councilman Billings asked if Council must abide by what is on file at the County whether appropriate or inappropriately filed. Mr. Knaak stated that is correct. However, he said that Mr. Hensley has raised some interesting questions with respect to his review. Mr. Knaak did not know if anyone is in a position to factually contest it. The issue here is what is of legal record. It is not in the purview of the Council to make a judgment on what official record it wishes to choose. There is no justification for Council to choose some other basis for making a decision. However, there may be other forums where these issues may be addressed. The plat that is of record in Anoka County, whether modified, is the official plat that Council must rely on in making a decision. Mr. Hensley stated that from their standpoint, in addition to what was filed, the issue is what Council approved. The Council only approved a 50 foot wide easement between the church and Brickner' s. The Council, at another meeting, apparently made some revisions which were after the plat was sworn to and after it was recorded. He believes there is a 50 foot wide easement available for use. Any subsequent action is void because Council never followed any procedure to change it. There are no actions by the Peoples Church to change it, and they owned the property at that time. There never was any variance to Brickner' s to build a 46 foot roadway. It looks like everything happened later in another process . His client' s position is that there is a 50 foot easement there that was never altered. What this creates for the City is a four foot issue. Councilman Billings stated that this is a title issue that needs to be resolved between the property owners . The petitioner has the option to pursue it. Council, however, is not in a position to pick and choose which document on file at the County they honor. MOTION by Councilman Billings to deny preliminary plat, P.S . 497-04, Heather Hills North, by The Philip Stephen Companies, to resubdivide the property generally located at 6217 Central Avenue for failing to meet the requirement of Section 211 of the Fridley Municipal Code, specifically: (1) failure to obtain the tentative approval of the Planning Commission (Fridley Municipal Code Section 211 . 04 .2B (1) ) ; (2) failure to meet the requirements for correctly specifying existing boundaries, including existing streets and rights-of-way, pursuant to Fridley Municipal Code Section 211 . 04C (1) (a) & (c) ; (3) failure to meet the requirements for correctly specifying lot widths, pursuant to Fridley Municipal Code Section 211 . 07 . 19; and (4) failure to establish legal access to FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 1997 PAGE 10 public roads and rights-of-way in the plat design. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. NEW BUSINESS: 13. RESOLUTION NO. 115-1997 DECLARING THE NECESSITY TO LEVY A TAX WHICH APPEARS TO BE IN EXCESS OF 16 MILLS AND CERTIFYING TAX LEVY REQUIREMENTS FOR 1998 TO THE COUNTY OF- ANOKA FOR COLLECTION: Mr. Pribyl, Finance Director, stated that this resolution serves two purposes in that it satisfies Section 7 . 02 of the City Charter which requires a public hearing be held when%it appears the tax levy may be in excess of 16 mills and also certifies the 1998 tax levy to the County for collection. The impact of this levy would result in about an $18 increase on an average $90, 000 home. MOTION by Councilman Barnette to adopt 'Resolution No. 115-1997 . Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 12. RESOLUTION NO. 116-1997 ADOPTING A BUDGET FOR THE FISCAL YEAR 1998: Mr. Pribyl, Finance Director, stated that Council held a public hearing on the 1998 budget on November 29, 1997 . At that time, the budget was reviewed by the City Manager, and there were no unresolved issues and no need to continue the hearing. Mr. Pribyl stated that this resolution approves the 1998 budget. He reviewed the budgeted expenditures for the various funds . The total budget is $12, 384,876 or a 7 . 4 percent decrease from the 1997 budget. MOTION by Councilwoman Bolkcom to adopt Resolution No. 116-1997 . Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 14 . APPROVE THE 1998 AGREEMENT BETWEEN THE CITY OF FRIDLEY AND THE FRIDLEY COMMUNICATIONS WORKSHOP (E. T.C. CHANNEL 33) : MOTION by Councilman Barnette to approve the 1998 agreement between the City and the Fridley Communications Workshop (E.T.C. Channel 33) , and authorize the appropriate officials to execute same. Seconded by Councilman Billings . Councilrp'an Billings asked if this agreement allows for either party to ter inate the contract. Mr. urns stated that either party can terminate the contract with a n' nety-day notice. Councilman Billings stated that he has concerns on the whole area of public access . He felt the cost to the Fridley subscriber was