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LS 80-056431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 58432 TELEPHONE ( 812)571-3450 November 17, 1980 CITY COUNCIL ACTIfTl TAKEN' 0TI`C,E Ed Jonak 133 Craig Way N.E. _ Fridley, Mn 55432 L S 980-05 AM #80-08 On November 10,_1980 the Fridley City COU"cil officially appi-oved your request for v4_cat g��93' 3rd_S eet_. L't11.11 lila stipulZ:..v6w "t3d vl. Retain a 10 foot draina4ed utility easement along the North property line � of the new parcel.c.. IPIL43 alb -7 ?(Pay the water and sewer assessments with the Building Permit. la. $1,000 park fee to be paid with building permit. If you have any questions regarding the above action, Please call the Coam►unity Development- Office at 571-3450. Sincerely, JF�kROLE) L. Qn�Cr1F,:d r %ue fc� ty P1 annex Please reviev, the noted stipulations, sign the statement Fe?cw,. and return one coy to Lila City of Fr i a i ey. {_..! s [ lam/ : ` �i s A. �,{,' ...< ' ' /i t . • �1 0, r!..1 [ ' 1• 756- 3d-6 ��T` CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432 TELEPHONE ( 612)571-3450 November 17,1980 CITY COUNCIL ACTION TAKEN NOTICE an Circle N.E. 5432 ber 10th the Fridley City Council officially request for Lo-t_cnli�ta I S j8Q_nr,, and /ara+ivn,-r—vd�; �0✓��8 arlin.zne stipulations listed below. to sp112't �f[ t�e North 70 felt of Its 4, 5� 5 Bloc 1 y 1 ew, and vasa a uti lty ease.reno s Vacated 57. 1/2 .Retain a 10 foot drainage and utility easement along North property line' of new parcel. Pay the sewer and water assessments with the building permit. $1,000 park fee to be paid with building permit. If you have any questions regarding the above action, please cal the Community Development Office at -571-3450. Sincerely, ERROLD L. B DMAN JLB/de z z City Pldnner Please review the noted stipulations, sign the statement below, and return one copy to the City of Fridley. Concur with action taken. r THE C#TV N.0 a G; AUTHORITY i�RIDLEY January 20, 1981 Mr. Ed Jonak 133 Craig Way N.E. Fridley, MN 55432 RE: The Purchase of Property at 5760 3rd Street Dear Mr. Jonak: As per our telephone conversation on January 14, 1981, the Fridley Housing.and Redevelopment Authority has approved preliminary procedures to acquire your property, as noted above (Split off the North 70 feet of Lots 4, 5, and 6, Block 2, City View), as part of our Large Family Home Ownership Program. For your information I am enclosing a brochure describing your rights and the City's procedure for acquiring property. If you have any questions please call Mary Cayan at 571-3450 ext. 171 at the Fridley Civic Center. The City will be hiring an independent appraiser to appraise your property. You have the right to accompany him on this inspection of the property if you wish to do so. A letter inviting you to accompany him will be sent by the appriaser at least five days prior to his visit. This notice is not a written offer to purchase, but a notice for intent to be- gin purchase procedures by the City. JLB/sl cc: Virgil Herrick John Flora J C-81-03 S e PLANNING COMMISSION MEETING, JULY 23, 1980 PAGE 11_ MOTION by Ms. Gabel, seconded by Mr. Wharton, to recommend approval to City Council of Lot Split.Request, L.S..#80-04, D & E Construction: Split off_ the South 14 feet bf Lot 7 and add it to Lot- 6, Block 27, Hyde Park, to make a now building site, the same being 5775 2 1/2 Street N.E. (Lot- 7 addressed as 5783 2 1/2 Street N.E.) UPON A VOICE VOTE, ALL VOTING AYE, CHAIRMAN HART'.IS DECLARED THE MOTION CARRIED, UNANIMOUSLY; Mr. Harris stated L.S. 4x`80-04 would go to City Council on August 4. _.,,.. 5.. LOT SPLIT REQUEST, L:S: 480-05, BY EDWARD S; JONAK: Split off the North 70 feet of Lots 4, 5, 6, Block 2, including all that part of 57 1/2 Avenue N.E. (vacated, ordinance'371), City View, to make a new building site, the same being.57 0 3rd Street_1 Mr. Boardman stated the problems they are having with this is that back in 1957, the City vacated the street right-of-way but*left the utilities and drainage across the whole 33 feet of vacated street. In the staff review of this request, they came across that and told Mr. Jonak that in order to approve the lot split, he would also have to get a vacation on those utility easements. They have talked to Engineering, and.Engineering sees no problems in vacating tho::e easement areas as there ars no utilities in that 33 feet. However, Staff would like that vacation done todgo along with the lot spl.i¢. Mr. Boardman stated that there are presently no utilities on 3rd Street and the .only utilities available to that property are on 57th Place. Mr. Jonak owns Lots 4, 5, and 6 to the south and easements would have to be dedicated off those lots to allow utility easements to get up to that new lot to build. Mr. Boardman stated his recommendation would be to continue the lot split request until the vacation of utilities is applied for. Mr. Jonak stated he would like to submit the request that the utility ease= ment retained by the City be vacated and that the vacation fee be waived. Mr. Boardman stated this request would have to be submitted to the City Council as the Planning Commission does not hav6 the authority to waive fees. MOTION by Mr. Wharton, seconded by Ms. Gabel, to recommend approval to Cit Council of lot split request, L.S. 480-05, by Edward S. Jonak: Split off the North 701feet of Lots 4, 5, 6, Block 2, including all that part of 57 1/2 Avenue N.E. (vacated, ordinance 371), City View, to make a nes,* building site, the same beim; 5750 3rd St. N.E., subject- to the vacation of the utilities in the adjoining streets with the £ol.l.owin8 stipulation: That easement be allowed for utilities along the southerly portion of Lots 4, 5, and 6. UPON A VOICE VOTE, ALT, VOTING; AYE, CHAIRKW HARRIS DECLAPXD THE MOTION CARRIED UNANIMOUSLY. p1,Al..jtTING COWIISSION Pff:K17PZG1 JULY 23, 1980 PAGE 12/ :. - Cha- -man ]Harris declared a ,.ren -minute break at 10:40 p.m. 6. C NTT*'T"'"• runnngrn CHANCE R TO MIAPTER 205. ZONING: MOTION Propose Chairman Mr. Wharton, seconded by Ms. Gabel, to continue disc ssion on Changes tD_._Qliapter 205. 'Zoning. Upon a voice vote, 11 voting aye, Barris declared the motion carried unanimously. 7. RECETV JULY 1, 1980, SP]'CIAL T:NERGY COt STSSION MT?ET/ NG MTN[lTES : MOTION by Mr.Wharton, seconded by Ms. Gabel, to rec ve the July 1, 1980, Special Energy ommissi.on meeting minutes. Mr. Wharton stateX the special meeting was'calle to discuss the grant proposal submitted\1whi ague of 'Minnesota ties. He skated Maxy Cayan did an outstandingeparing the prop al,'and she feels that Fridley has a pretty good getting the $9,5 0 grant. Mr. Wharton stated item discuss d was the Energy Policy, and they made a motion reafeir commitm t to the Fridley Energy Policy as submitted to City The Energy .ol.icy has now come out as the "Energy Commission Guideliwas pa ed by City.Council. UPON A VOICE VC_:_E, ALL VOTIN ATT, CIiA: RVMN HARRIS DECLARED THE MOTION CAPR IED UNAN-1110:ISLY . 8, PYCEIVE JULY 10, 1980, HOU A & REDEVELOPAE-NT AUTHORITY MIRTUTES: MOTIOI-Z by Ms. Hughes, recon d by r Treuenfels, to receive the July 10, 1980, Housing & Redevelopment Au ority mi Utes. Mr. Boardman stated that the HRA will b meeting on July 24 to make a decision on JVD9s prop.osal. At hat meeting, he '11 be recommending a counter- proposal to A D. If = e HRA approves that counter -proposal, it will go to. `1\TD. If JVD does no accept the counter -pr osal by Aug. 1, then they will go out for bids again. UPON A VOICE VOT;, ALL VOTING AYE, CHAIRMAN HAI' S DECLARED THE MOTION CARI:IED UNAY41110 LY. 9. RECEIVE J Y 15 1980, APPEALS CO124ISSION MINUT MOTION by 11 . Gabel, seconded by Mr. Treuenfels, to re \the , 1980, Appeals Co mission minutes. Upon a voice vote, all von Harris declared he motion carried unanimously. . AP .OVE JULY 9 1980 PLANI`TING COiDIISSSON MINUTES:MO_TT by Ms. Hughes, seconded by Mr. Treuenfels, to a, 1980, l.� ming Commission minutes. log REGULAR MEETING OF AUGUST 4, 1980 PAGE 4 Mr. Qureshi stated the City is required legally to publish notice for vacation and the fee is to pay for these costs. He stated he would recommend the fee not be waived.as he felt, if there is a new building site, there would be a sizeable increase in the value of the property. Mr. Qureshi felt, at the time of the public hearing, there should be a proposed plan showing the layout of the house on the lot. - MOTION by Councilman Fitzpatrick to set a public hear.ing on this request. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declar he motion carried unanimously. ITEM FROM APPEALS COMMISSION MINUTES OF JULY 15, 1980: REQUEST FOR VARIANCES TO REDUCE SIDEYARD AND DRIVEWAY SETBACKS TO ALLOW CONSTRUCTION OF NEW DRIVEWAY, 7645 BAKER STREET, R.M.S. CO., INC. Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the side yard setback from 30 to 25 feet and to reduce the driveway setback from 5 to 0 feet to allow the construction of a new driveway on Lots 5 and 6, Block 1, Nagel's Woodlands at 7645 -Baker Street. Mr. Flora stated, in processing this request, a number of deficiencies were identified such as no concrete curbing, lack of screening, and arrangements for proper drainage. Mr. Flora stated the petitioner agreed to install a concrete curb along the existing driveway and also along the new driveway and to provide additional landscaping. He stated staff is currently working with him on developing a ponding area,. to the rear of the building, which would control the water in that area. Mr. Habig, representing R.M.S. Co., Inc., stated the owner of the property to the South was at the Appeals Commission meeting and had no objections. Kr. Habig stated, with the new driveway, -9t would enable semi -trailers to drive-thru since it is now impossible for them to turn around. Councilwoman Moses questioned the location of the holding pond. Mr. Habig stated most of the ponding area would be on Lot 7 and a small portion on Lot 6. He stated this was the reason the owner of Lot 7 was at the Appeals Commission meeting and it was agreeable with him. Mr. Habig presented a drawing showing the proposed ponding area. Mr. Qureshi, City Manager, stated the variances could be approved -with the stipulation that the drainage problem is resolved with the City and the Neigh- boring property owners. He stated there should Be an additional stipulation that Lots 5, 6 and 8 be tied together and an agreement that no portion of these properties would be sold separately, unless the City is notified and approval obtained. MOTION by Councilwoman Moses to concur with the recommendation of the Appeals Commission and grant the request for a'variance to reduce the side yard set- back from 30 to 25 feet and the driveway setback from 5 to 0 feet to allow construction of a new driveway with the following stipulations: (1) That the petitioner work with staff in resolving drainage and landscaping problems and be given five years to complete the concrete curbing, if there will not be any future construction. (2) That Lots 5, 6 and 8 be tied together so that if any portion of these properties are to be sold,'approval would be needed from the City to sell the lots separately. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF AUGUST 49 1980 PAGE 3 Mr. Qureshi, City Manager, felt it may be better to have the public hearing on all the issues at one time. MOTION by Councilman Fitzpatrick to set a public hearing for the special use permit on September 15, 1980. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimou ly. CONSIDERATION OF LOT SPLIT REQUEST, LS TO MAKE NEW B LDING SITE, 5775 - 7 STRFFT - n £ F rnNCT1?11,T;,. Mr. Flora, Public Works Director, stated this request is t building site. split off the South 14 feet of Lot 7 and add it to Lot 6, Block 26, Hyde Par in order to make a new l 1 j At is time, 7:55 p.m., Councilwoman Moses arrived t the meeting. MOTION b ouncilman Fitzpatrick to concur with he recommendation of the Planning Commission d grant Lot Split, LS #80-04. S onded by Councilman Barnette. Mr. Qureshi, Cit Manager, stated if this operty has not paid the appropriate Water, Sewer and S m Sewer assessments they would pay their proportionate share. Mr. Lee Ekenberg, repre ting D &.E C nstruction, stated they have taken soil borings on the lot to deteine if i is buildable and the structure proposed conforms with all building c es. Mr. Ekenberg explained the real they want the additional 14 feet is in order to meet the code requirements He tated they have a 24*x 40 foot house planned for this lot and, under the using d Urban Development 235 program, they would be putting in a driveway, t no garag would be built at this time. Councilwoman Moses ques oned the requirem t for a garage, since this was required `1 several weeks ago when nother applicant was wilding a new home. I Mr. Qureshi, City M ager, explained this lot was latted before the ordinance j adopting the garag requirement, therefore, the onl requirement would be for a driveway and off trees parking pad. Councilman Sc eider asked if Lots 7 and 8, with removal this 14 feet, would remain legal ots. Mr. Flora stated, they do meet the squa footage require ments, but re short one foot on the front footage. /declared m n Schneider questioned if it would be better to have a 1 oot lot split grant a variance for reduction of the lot size. eshi, City Managerij stated; in lots that.are platted before 1955, ere r front footage requirement, which would be the case in this instanc i jeshi pointed out this is an area where the City has had drainage problem fnberg stated they don't anticipate any drainage problems on this lot, , they would be installing drain tiles. OICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee the motion carried unanimously. CONSIDERATION OF LOT SPLIT REQUEST, LS #80-05 TO MAKE NEW BUILDING SITE VACATED ORD. 371 , 57 - 3RD STREET, EDWARD S. JONAK: Mr. Flora, Public Works Director, stated the owner of Lots 4, 5, and 6, Block 2, wishes to split off the North 70 feet of these lots, including all that part of c I57-2 Avenue N.E. (vacated, ordinance 371), City View, to make a new building site. Mr. Flora stated a utility easement would have to be vacated, and the petitioner is requesting a waiver of the vacation fee. V u THE MINUTES OF THE REGULAR MEETING OF THE FRIDL�Y CITY COUNCIL OF NOVEMBER 10, 1980 The PubTic Hearing Meeting of the Fridley City Council was called to order at 7:42 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: I MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilwoman Moses and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARING MEETING, OCTOBER 20. 1980: MO"ION by Councilman Barnette to approve the minutes as presented. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOP-TION OF AGENDA: MOTION by Councilman Fitzpatrick to consider the Lot Split Request, LS #80-05, for Edward Jonak, as the first item on the agenda as Mr. Jonak has been before the Council on several occasions and his •item of business has been at the end of the agenda. Seconded by Councilwoman Moses. Upon a voice vote, all voting ayr, Mayor Nee declared the motion carried unanimously. Mayor Nee requested .the following two items be added to the agenda: (1) Cons?i- erdtion of a Resolution to the Board of Managers of the Rice Creek Watershed District; and (2) Comments to the Attorney General Re: Boise -Cascade - Onan Litigation. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. I Srr.onded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor NoL declared the motion carried unanimously. STATEMENT OF CANVASS: i APPROVING STATEMENT OF CANVASS FOR THE GENERAL ELECTION OF NOVEMBER 4, 1980• Mayor Nee stated it was worth noting that 84% of the registered voters in Fridley had voted in the election. He stated, if you consider the persons who have left the City between the time they were registered and the day of election, it must I be close to 90% participation which was a real credit to Fridley. Mr. Qureshi, City Manager, noted that on Page IJ of the agenda, under W-2, P-2, the total votes for Mayor Nee and Frank Liebl were reversed and the Council now has a corrected sheet before them. MOTION by Councilman Fitzpatrick to approve the canvass for the General Election of November 4, 1980. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING ON FINAL PLAT, PS #80-02, REGISTERED LAND SURVEY, MINNESOTA TRANSFER RAILWAY COMPANY: MOTION by Councilwoman Moses to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:55 p. m. PUBLIC HEARING MEETING OF NOVEMBER 10, 1980 PAGE 2 `1281 Mr. Flora, Public Works Director, stated Minnesota Transfer Railway Compa is requesting a replat of their parcel which lies along University Avenue a d 73rd. He stated he understands Minnesota Transfer wants to sell the property therefore, they have to get the registered land survey recorded and are applying or the replat. Mr. Flora presented a drawing showing Tracts A, B and C and at there would e a bikeway along University Avenue or possibly along the se ice drive and a 1 foot easement is requested for Tract A along University a a 15 foot easement alng Tract C to provide north/south access for the bikeway He further stated tha an easement is also required along 73rd, as therear future plans to improve the ntersection at 73rd and University to five lanes an therefore, 15 foot is neede for the bikeway plus an additional 10 feet for treet right-of-way. Council an Barnette questioned, if 25 feet was take off this parcel, what it would d to the property. Mr. Flora stated a 30,0 to 40,000 square foot building could be built within Tract A and still atisfy the setbacks and code requireme is for this zoning. Councilwom4n Moses questioned if this would jfe a one-story building or if it would be nehessary to go to two stories to btain this footage. Mr. Flora stated the p�rcel would accommodate a 30,900-40,000 square foot one-story building. Councilwoman M ses also questioned if ty(ere would be sufficient space for parking. Mr. Flora statdd the parking requirem is would vary depending on the type of operation at th�s location. Mr. John Jensen,hief Engineer fo Minnesota Transfer Company, stated he was a bit confused and knew that, in ccordance with Ordinance 633, the City can require three perce t of the la or the equivalent in money. He stated he has a letter from Mr. Flora in Gating the option of a land dedication or cash payment is at the dis etion f the City and it was the City's desire to obtain ;i-, CL c:dsh payment. He sta ed, f you add up the bikeway easements and additional easement for road widenjealent it is over the three percent. Mr. Jensen felt they could go along with thevof three percent payment in cash, but didn't feel they can accept antional 3-1/2 to 4-1/2 percent of land taking. Mr. Herrick, City At to ey, s ated Minnesota Transfer is requesting a plat and it certainly is not u usual in his community, and in most other communities, when a piece of prop US is bein platted, the City has the authority of requiring what they consider to b adequate easements for traffic purposes, which would inclu both motor and edistrian traffic. Mr. Herrick stated it would be his pos' ion the City has a authority to require both a dedication of easement for, ehicle purposes plus a park dedication and didn't feel one can be substit ed for the other. Mr. Gordon F bes, 480 Cedar St., St. Pa 1, representing Minnesota Transfer, stated he w shed to reinforce Mr. Jensen's statements. Mr. Forbes stated Mr. Flora indi ated a cash payment would be acc\tolarify which he would be in agreement Mr. Fo es referred to Chapter 566 of the ute, which was passed by the 19 0 Legislature, in which they attemptthe kinds of dedications that ay be required, and suggested a carefof this Chapter. He felt the riginal approach by the City for a casmay be the best way to proceed. r Nee stated the Council would not take action on his item this evening, only hold the public hearing and he suggested Mr. F rbes meet with the City rney regarding this. matter. Mr. Flora stated at the.Planning Commission.meeting the stilkulations for the road and bikeway were discussed. He stated on October 10, no, wrote the letter to Minnesota Transfer to identify the additional requirement f the park fee and to make them aware there -was this requirement. 2 8' � y li•i PUBLIC HEARING MEETING OF NOVEMBER 10, 1980 PAGE 5 Mr. Flora, Public Works Director, stated in 1972, Burlington -Northern d'd request a vacation of these properties and a public hearing was held, ut there never was a first and second reading of the ordinances to acco lish the vacation. stated Burlington -Northern recently submitted a request that a streets a :.alleys be vacated and this request was initiated to vacate at is now ca ed 40-1/2 Avenue and those unnamed streets and alleys in B rlington- Nor ern's portion of the property. Mr. Ro ert Brokopp, Manager, Special Real Estate Projects or Burlington - Norther , stated the original petition in 1972 for. the v cation never reached a final ecision by the Council and Burlington-Nortlie would appreciate a favorable onsideration to vacate the streets and all ys as the Northtown yard opera 'on is a greater part of the property. MOTION by Cou cilman Fitzpatrick to close the pu is hearing.' Seconded by Councilwoman M es. Upon a voice vote, all vo ng aye, Mayor Nee declared the motion carri d unanimously and the public earing closed at 8:31 p. m. OLD BUSINESS: 1 ORDINANCE NO. 718 TO CATE STREETS AND LEYS SAV T 80-04 PETITION 5-1980 6500-6600 BLOCK BETWEE AST RIVERROA AND HICKORY DRIVE: i MOTION by Councilwoman MoVading he second reading of Ordinance No. 718 and adopt it on the seconpublish. Seconded by Councilman Schneider. Upon a voice vote, all'vor Nee declared the motion carried unanmiously. ORDINANCE NO. 719 TO VACAALLEYS, SAV 0 80-05, PETITION #4-1980 5200 BLOCK BETWEEN LINCOLN AND BUC NAN STREETS: i - MOTION by Councilman Schnei r to wa\AL cond reading of Ordinance No. 719` A and adopt it•on the second ading a. Seconded by 'Councilman Fitzpatrick. Upon a voice vote, all vo ng aye, Meclared the motion carried unanimously. ORDINANCE NO. 720 TO VA ATE STREETS SAV r80-06 PETITION # 6-1980 5500 BLOCK .SETWEEN 6TH AND 7TH STREETS: i MOTION by Councilwo n Moses to waive the second ading of Ordinance No. 720 and adopt it on the second reading and publish. Se nded by Councilman Barnette. Upon a voice vote all voting aye, Mayor Nee declare the motion carried unanimously. ORDINANCE NO. 7 TO VACATE STREETS AND ALLEYS SAV #80- PETITION #7-1980 4800 BLOCK BETWEEN MAIN AND 2ND STREETS: MOTION by C _ cilman Fitzpatrick to waive the second reading f Ordinance No. 721 and adopt i on the second reading and publish. Seconded by C ncilman Schneider. Upon a voi vote, all voting aye, Mayor Nee declared the motion carried unanimously. • j _ ORDINANC NO. 722 TO VACATE STRFFTS Atdn Ai i FvQ east rnn_nQ TAI ver rrn c7 -•i io nruwL_ i LOU - J1%U J 1 KCC 1 , LUPIHKU ). t1UIVAK: - MOTIO by Councilman Fitzpatrick to waive the second reading of Ordina a No. 722 and opt. it on the second reading and publish. Seconded by Councilman chneider. Upo a voice vote, all voting aye, Mayor Nee declared the motion carried animously. N BUSINESS: CONSIDERATION OF LOT SPLIT RE VEST LS #80-05 TO MAKE NEW BUILDING SITE n VACATED ORD. 371 5740 3RD STREET EDWARD S. JONAK: Mr. Flora, Public Works Director, stated Mr. Jonak wishes this lot split in order to establish a new buildable lot. He stated staff has no objection to 1 f PUBLIC HEARING MEETING OF NOVEMBER 10, 1980 255 =° PAGE 6 the lot split except the stipulations should be attached regarding payment of the water and sewer charges and the requirement of the park fee. MOTION by Councilman Fitzpatrick to grant Lot Split, LS 280-05, to Edward S. Jonak with the stipulation that the assessment for water and sewer and the $1,000 park fee be assessed at the time the building permit is issued. Seconded by Councilwoman Moses. Mr. Jonak asked how many feet are involved in the water and sewer charges and Mr. Qureshi, City Manager, stated 70 feet of frontage would be assessed. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all vgted aye, and Mayor Nee declared the motion carried unanimously. RECEIVING APPEALS COMMISSION MINUTES OF OCTOBER 14. 1980_ Mr. Flora, Public Works Director, stated the grope in question is located on 5th Stre t and consists of all of Lots 6 and 7 He stated a.variance was previously g nted for construction of a doubl ungalow on this property, he t' however, ta has expired for the varian. . Mr. Flora stated t e Appeals Commissio agcin heard this request and the developer has planne a double bung ow that will fit in with the neigh- borhood and is request a vari ce to reduce the square footage from the required 10,000 squa fe to 7,812 square feet. He stated the Appeals Commission has recommended roval of the variance and staff has no objection to the request. MOTION by Counc.1 Fitzpatrick t oncur with the unanimous recommendation of the Appeals mnission and grant t . variance to reduce the square footage requirement f m 10,000 square feet to 12 square feet. Seconded by Council- man Barnet . Upon a voice vote, all vote aye, Mayor Nee declared the :motionried unanimously. N by Councilwoman Moses to receive the minu of th peals Commission eting of October 14, 1980. Seconded by Councilma S eider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ried unanimously. RECEIVING BIDS FOR NIVERSITY AVENUE BIKEVIAY l KW A BRIDGE AND UNIVERSITY AVENUE BIKEWAY/WALKWAY PROJECTS BIDS OPEN 0 TOB R 8, 1980 M . Flora, Pu 'c Wo ks Director, sta d th re are a number of residents present his evening rega in bikeway/wal y, stated the proposal was to construct a bikeway, financed 75% State undi and 25% City funding, from Mississ- ippi Street to 59th A ue wh a it ould tie in with the future Community Park. Mr. Flora stated there eeting with residents on October 20 and they had concerns about the nu of p ple using this bikeway and possible vandalism. Mr. Flora stated, uring a disc sion, it was suggested additional fencing could be const ted along ith som landscaping and lighting. If this was -done, the in ased cost wo ld be abo an additional $19,200. Mr. Qures City Manager, sta ed the St a would not participate in the cost of any ncing or landscaping a d these co is would have to be -borne 100% by the y. He stated, depending what alt e ative is used, the additional o could vary from $7,000 to $ ,000. Mr. ureshi felt there is some rationale in providing security for hese resi ts.