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SAV95-04 . -, ,�. CITY OF FRIDLEY � 6431 UNIVERSITY AVENUE N.E. � FRIDLEY, MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VACATION APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: �o d � �-. �� ''�" WA-5�` Property Identification Number (PIN) t�- '�� ' z4 �4�- '�� Legal description: 5� ��s-r�t�r.�� Lot �I.I�,`r,�cer.�c.� Block �,l�v',�.ATract/Addition �� Q�'�-�-+6a Legal description of easement to be vacated: T� �s� Zo i+�.�T` � N��E�4)� �C.�GK- �v vR..�4'1 �S�I�MJ S �� o�r o,�Y --� UZ-r�c� �z F�.�►-c�N�" _.. Cui7ent zoning:S,�. �-s ro�.�/�j�Sq�are footage/acreage 2�6U S�i't�' Reason for vacation: N'a� vS� ��s� �r+a+'�"-� a��*-M�"+�~ � S Y�S Have you operated a business in a city which requued a business license? Yes No_ �. If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Ye� No_ __ FEE OWNER INFORMATION (as it appears on the property title) (Contaact Purchasers: Fee Owners must sign this form prior to processing) NAME C�4-Q-y � �w,,a.r� ADDRES S �o �►•Q-• ?a�'` �V�r' Y2�.o U� nl S�.S� z DAYTIME PHONE g Za— G� �'L SIGNATURE DATE `f / PETITIONER INFORMATION NAME �`�n-►M`� ADDRESS �,S t�-L+�-� n-�� p-, Ol/� N S,'�j DAYTIME PHONE g�-o I 4-�- SIGNATURE DATE 9' �� 4� Fee:� $250.00��✓�� ._..,��,,.�..�...� Permit SAV# �'�(� Receipt# 35(o� Application received by: Scheduled Planning Commission date� �D•/ •�" Scheduled City Council date: CITY OF FRZDLEY PL11Ii RBVIEN CHECRLIBT B. Site Plan: Applicants for vacationa must submit the legal description of the parcel (easement, street, etc.) to be vacated.� 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a reqistered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: A. General: 2• Grading and drainage plan showing existing natural features (topoqraphy, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water detention/retention areas. 2. Legal description (certificate of eurvey may be required) 3. All existing and proposed points of egress/ingress 7. Name, address, and telephone number of applicant, showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existinq and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking�spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Exieting zoninq and land use traffic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq, ft. 6. Location, access, and screening detail of trash enclosures (ii) Gross floor area of buildings 7. Location and screening detail of rooftop equipment (iii) Percent of site covered by buildinq 8. Building elevations from all directions (iv) Percent of site covered by impervious surface 9. Utility plan identifyinq size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of hydrant to proposed building (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parkinq spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories . �. � � .-3--�-,�.._., ` _ C��OF FRIDLEY FRIDLEY MUMCIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX (612)571-1287 October 2, 1995 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a vacation request, SAV #95-04, by Gary Hedman, to vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, generally located at 60 - 70th Way N.E. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, October 18, 1995 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7: 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 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 October 11, 1995. DAVID NEWMAN CHAIR PLANNING COMMISSION PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, November 27, 1995 at 7:30 p.m. for the purpose of: Consideration of a vacation request, SAV #95- 04, by Gary Hedman, to vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, generally located at 60 - 70th Way N.E. 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 November 20, 1995. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3599. WILLIAM J. NEE MAYOR Publish: November 16, 1995 November 23, 1995 SAV #95-04 Mailing List Mailed: ]0/2/95 �, Gary Hedman f I� �' �� . � Gary Hedman Gary Hedman David/Mary Temple 60 - 70th Way NE 5546 Village Drive or Current Resident Fridley, MN 55432 Edina, MN 55439 6952 Hickory Place NE Fridley, MN 55432 D R & J A Mittelstadt Scott/Nadine Warner Bradley/Peggy McDonald or Current Resident or Current Resident or Current Resident 6940 Hickory Drive NE 6930 Hickory Drive NE 6926 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ronald/Geraldine Shoquist Donald Foreman Martin/Mary McLaughlin or Current Resident or Current Resident or Current Resident 21 - 70th Way NE 7092 Hickory Drive NE 6909 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Albert/Betty Soderquist Robert/Joyce Schmidt Michael/Karen Schlagel or Current Resident or Current Resident or Current Resident 6917 Hickory Drive NE 6925 Hickory Drive NE 6933 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Roger/Donna Wilson Abraham/June Nichols Charles/Lucille Rieland or Current Resident or Current Resident or Current Resident 6941 Hickory Drive NE 6949 Hickory Drive NE 6957 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Florence Heffner Tarrance/Helen George Richard Van Heuveln or Current Resident or Current Resident or Current Resident 7055 E. River Rd. NE 6912 Hickory Drive NE 6918 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Wilmer/Ruth Adams Farrington Rudeen Stocke/Martinez or Current Resident or Current Resident or Current Resident 6922 Hickory Drive NE 120 - 70th Way NE 6951 E. River Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 James/June Sandstrom Walter/Marilyn Hodgeman Joseph/Stella Pietrzak or Current Resident or Current Resident or Current Resident 6941 E. River Rd. NE 70 - 70th Way NE 80 - 70th Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Clarence Kluender Lance/Veronica Smith Tony/Paulette Prentice or Current Resident or Current Resident or Current Resident 6961 Hickory Place NE 6951 Hickory Place NE 6950 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ron/Kimberly Fleming John Miskowiec Jeffrey/Cathey Weidmann . or Current Resident or Current Resident or Current Resident , 6972 Hickory Drive NE 6988 Hickory Drive NE 6996 Hickory Drive NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 r Robert/Beverlee Homan Glen/Kristine Moren Margaret Grecula or Current Resident or Current Resident or Current Resident 7010 Hickory Drive NE 20 - 70th Way NE 41 - 70th Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Allan/Marjorie Rosendahl Linda Nguyen Robert/Christine Engesethe or Current Resident or Current Resident or Current Resident 31 - 70th Way NE 7084 Hickory Drive NE 36 - 70th Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Leon/Ellen Hinkel Anthony/Irene De Forge McIntire/Lamotte or Current Resident or Current Resident or Current Resident 50 - 70th Way NE 51 - 70th Way NE 61 - 70th Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Raynold/Miriam Sparre Steven/Ingrid Paaverud Norman/Pamela Tropp or Current Resident or Current Resident or Current Resident 7029 E. River Road NE 7045 E. River Rd. NE 55 - 70th Way NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Robert/June Ulberg City Council Members David Newman or Current Resident Planning Comm. Chair 7035 E. River Rd. NE 7635 Alden Way NE Fridley, MN 55432 Fridley, MN 55432 City of Fridley PUBLIC HEAHIN(3 BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridey City Council at ihe Fridley Municipai Center, 6431 University Avenue N.E.on Monday,Nov�rnber 27,1995 at 7;30 p.m.for the purpose ot: Consideration of a vacation request, SAV N95-04,by Gary Hedman,to vacate the East 10 feet except the Southerly S ieat,of a utility easement Iceated on Lot 9,Block 4,Ostman's Third Addition,generally located at 60-70th Way N.E. Hearing impaired persons planning to attend ,Nho need an mterpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than November 20,1995. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. A�y questions related to this item may be referred to the Fridley Communiry Development Department at 572- 3599. WILLIAM J.NEE MAYOR (November 16,23. 1995) Fridley Focus News City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E.on Monday,November 27,1995 at 7:30 p.m.for ihe purpose of: Consideration of a vacation request, SAV #95-04,by Gary Hedman, to vacate the East 10 feet,except the Southerly 5 feet,of a utility easement located on Lot 9,Block 4,Ostman's Third Addition,generally located at 60-70th Way N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Coltins at 572-3500 no later than November 20,1995. Any and all persons desiring lo be heard shali be given an opportunity at ihe above stat- ed time and place. Any questions related to this item may be reterred to the Fridley Community Development Department at 572- 3599. WILLIAM J.NEE MAYOR . (November i6, 23. 1995) Fridley Focus News City of Fridley ORDINANCE NO.1061 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council ot the City ot Fridley does hereby ordain as follows: SECTION 1. To vacate the East 10 teet. except the Southerly 5 teet, of a utility ease- ment located on Lot 9,Block 4,Ostman's Third Addition, generally located at 60- 70th Way f N.E. All Ivino in the South Half of Section 10. T- 30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to the stip- ulations adopted at the Ciry Council meeting of January B.1996• SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the Ciry Code shall ; be so amended. " PASSED AND ADOPTED BY THE CITY CAUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF JANUARY,1996. WILLIAM J.NEE-MAYOR ATTEST: WILLIAM A.CHAMPA,CITY CLERK Public Hearing: November 27,1995 First Reading: December 11,1995 Second Reading: January 8,1996 (January 1B,1996)Fridley Focus News S � i��t�' � �` � N r �" � �.r`, '�r �`z� �- � � �fi,� n��4 x� �;� �� 4 � a r � � �� , �� } '!F T :r ti¢ ei 9 ,� v ct.Y� ,� - r r n�r� } k. a::. �'. . . , . . r.."� � .. .... � I I �F L ' 4 sak . S :k �. Y';� . , ��f ,. .i�. 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Rroa� \_ "_ �L�� la �st� if •sMK � _ � �� 5 --- - . . . — • _ ��a„��ta , ' — r eK�. � � --�`�`�' � — �� .., � i s.,...,., r• 'O w N_ -i.�° � ^ a , .t... _.� � i `1�./.. � �i� � REG. � LAND `' SURVEY N0. v ,74 ��I ,..,�., ; Z- "� --- ��'-'""� �' a � ` , _ a�;-o ' ~� o--�- o �' ^o i TRACT D TRACT A � -' A 1— ,=_��- --'---- ��'-�- _ °� a _— -- : a a —--� v � ✓ -v� ?�`� v a � o `,,, , � I oo v f N . D D� �r �� a m-� �� =m c� zN > an a a3 OL O , . SAV ��95-04 - Gary Hedman �� ' - 7°,�' t�� t�'� � ' � t�� Hickory Drive c �� o c�) �� t�) �� (7i�84) 7psg � (�) (�4f-1 l :� 1 � - (�) t�l ��1 � i�l � t �, � � � � I ) �� 141 ( ! � t�91 (�) ( � 1 ( � ) '� q 70th Ray NE. � �; � ��o� � c�, � � � n , �� - c �, � �� ° � � i�� t� 0. �� c�, � � t�� t�� u � � �� c » � ��, c�°� c�°� `�,9' � � Hickory Drive c�, �i'�;� c�� 0 ts�''� t�� t�� t�� i�� s�', �Af ��'' �, � �� c =� i - T 3.02 N LOCATION MAP - i...._��_.....r..� SAV ��95-04 1ND1f"`"` C . E. C O U L T E R ��' Gary Hedman ""^'"° SUf�M[�f � �A11M EURVCYS citv�o-rs LAND SURVEYOR uKcaHORe TOrOORAPHIC MAPP�N6 RE(31STERED UNDER LAWS OF STATE OF MINNE80TA � ��oici�� LICiNBlD IIV OR�INANCH OF CITY OP MINNiMOIIC 3800 LYNDALE AVE. SO. MlNNEAPOLIS 8. MINN. TAYLOR 4A870 N S U RUE Y �Gr O T TO � STMAN �i�ruP�nr's (IIertifir�tr SCALE ��":30` �O �-" WNY I�. E, ' �_--•12o.8z- - - - - . . • . . . .140 •_-_ — — — — — � �;�—� — - - ,—. 2 . , , bd . • , .. ..gU . . . . • ' � , I I `; '� 'I •----SO . . - • • " ', f � � � + � �� L OT � . � � _ I 1 -- '- -�� - --- -- - - - - - - - - __ � �3,35 \-S -F " � � tJ � � No -�0 � � � � I J I : t'3.10 � � L+- �' � � 2 �t � � � Q ` : .9 � • � I�. �r �o ;- � : �` � — � _1 �-' � - - - - - - - I } � — — — -- _-- .—" �asement to be Vacat d ' i tl T p ( -� .a- � 1 3 � � � � � � L � � � – � � C� � � � � . �, _ _ ��.�� .t _ , _ -- - - - -- --� I • � � i �'�_ �1�-- -- l_ _ . -°-?�' 01 • � . . . . . . ►Zo.9� � � i_. C.� T' 4 � i � � � ', , . . .. �o . . . . . _ _ -_ ao_� _ ^ -. � � � . . . ,� . . . - - ' I hereb}i certify that the above is a true and correct plat of a survey of: �he Easterly 20 feet of Lot 9 as measured at right angles to tne Easterly line thereof, Block 4, OSTMAN'S T:3IRD ADDITION, Anoka County, Minnesota, together with the Westerly 6Q feet of Lots 1, 2, 3 and 4 as measured along the North and Soutn lines thereof, Block 14, Camp Howard and I3ush' s lst . Addition to Fridley Park, Anoka County, Minnesota . As surveyed by me this 3rd day of June 1960 A. D. � � f�-- c;,�.~1e d � ��-�+L-�t.-,`"!,.:,.'�-" ,Z.�3 }yizc3nesota Registratiori Nc� . 2504 et41 = �z ��n� _.��_ -- . . , The Westerly 48 feet of Lots 1, 2, 3 and 4, as measured along the North and South lines thereof, together with the vacated alley lying westerly of and adjacent to said Lots 1, 2, 3 and 4, in Block 14, Camp Howard and Hush's First Addition to Fridley Park (Abstract Property) , AND The East 20 feet of Lot Nine (9) , Block Four (4) , Ostman's Third Addition, said distance being measured on a line perpendicular to the East line of said Lot Nine (9) . (Torrens Property) , Anoka County, Minnesota. _ _ j i CCTYOF COMMIS3IONYAPPLICATION REVIEW FRlDLEY ----------------------------- File Number File Date Meetinq Date 53 ]0/2/95 10/ 18/95 File DesCriptioA: Vacation, SAV ��95-04, by Gary Hedman; 60 - 70th Way NE __________________________________ -------- Complete Review Checklist; Return to The Community Development Department *** Comments *** Barbara Dacy Scott Hickok Michele McPherson Jon Wilczek John Flora Ron Julkowski Clyde Moravetz Leon Madsen Dave Sallman Dick Larson �� Community Development Department � PLaivrr�NG DrviSION City of Fridley DATE: November 9, 1995 TO: William Burns, City Manager ��6r�' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SU&7ECT: Establish a Public Hearing for a Vacation Request, SAV #95-04, by Gary Hedman, to Vacate a Utility Easement Generally Located at 60 - 70th Way N.E. The Planning Commission conducted a public hearing regarding the vacation request at its October 18, 1995 meeting. The Planning Commission voted unanimously to recommend approval of the request to the City Council with two stipulations. The City Charter requires the City Council to conduct a public hearing regarding the vacation request. Staff recommends that the City Council establish November 27, 1995 as the date of the public hearing. MM/dw M-95-569 3.01 �� Community Development Department C 1 PLANNING DIVISION City of Fridley DATE: January 4, 1996 L, �rl, TO: William Burns, City Manager fi FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #95-04, by Gary Hedman, Generally Located at 60 - 70th Way N E The City Council conducted a public hearing regarding the vacation request at its November 27, 1995 meeting, and held the first reading of the attached ordinance at its December 11, 1995 meeting. Staff recommends that the City Council approve the final reading of the attached ordinance vacating the easement at 60 - 70th Way NE. MM/dw M-96-3 1.01 _ � C�TY rDF'FRIDLEY PROJECT SUMMARY ' Easement Vacation Request for 60 - 70th Way N.E. _ _ _ _ _ ___ _ _ _ _ _ _ ___ ___ _ _ _ __ _ __ __ _ _ _ _ _ _ _ __ _ ____ _ _ __ _ __ __ __ _ _._.. . ... _ _ _ __ _ _ _ _ __ _ _ _ __ ___ Agenda Item: ' Applicant:; Gar� H�dman Case Number: SAV #�5-04 Application Date: September 19, ;1�5�� taff Reviewer: 'Michele McPherson Meeting Date: 'October 1$, 1�95 ' Novemher!'27, 199� �ity',Manager Authorization; `� ' ' DESCRIPTION OF REQUEST: The petitioner requests that the City vacate a 10 foot utility easement. The petitioner's house was constructed over the easement. SUMNIARY OF ISSUES: The petitioner recently sold his house. The title company, in completing their title search, discovered that the house was constructed over the utility easement. The tide company requested that the easement to be vacated. No public utilities are located within the easement area. The Engineering department is requesting that a new easement be dedicated adjacent to the westerly lot line of the parcel. A verifying suivey will be required to determine the width of the new easement, and to verify the distance of the house from the westerly lot line. PLANNING CONIlVIISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staf� with the following stipulations: 1. The petitioner shall dedicate a new utility easement adjacent to the westerly lot line of the subject parcel. 2. A verifying suivey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said survey. In no case will the easement be required to be wider than 10 feet on this property. RECOA�IlI�NDED ACTIONS: Staff recommends that the City Council hold the public hearing on the vacation request. 10.01 , . Staff Report SAV #95-04, by Gary Hedman Page 2 PROJECT DETAILS Petition For: Vacation of a 10 foot utility easement. Location of Property: 60-70th Way Legal Description of Property: The Westerly 48 feet of Lots 1-4, as measured along the North and South lines thereo� together with the vacated alley lying Westerly of and adjacent to said Lots 1-4, Block 14 camp Howard and Hush's 1st Additions to Fridley Park, and the East 20 feet of Lot 9, Block 4, Ostman's 3rd Addition, said distance measured on a line perpendicular to the East line of said Lot 9. 5ize: 12,220 square feet Topography: Mostly flat, but gently sloping to the south. Existing Vegetation: Typical suburban; sod, trees, shrubs, etc. Existing Zoning/Platting. Camp Howard & Hush's lst Addition, 1886 Ostman's 3rd Addition, 1957 R-1, Single Family Dwelling Availability of Municipal Utilities: Connected Vehicular Access: 70th Way Pedestrian Access: N/A Engineering Issues: Requests a new easement adjacent to the westerly lot line of the parcel. 10.02 Staff Report SAV #95-04, by Gary Hedman Page 3 Site Planning Issues: DEVELOPMENT SITE Parcel History The 26' x 44' single family dwelling and 20' x 22' attached garage were constructed in 1960. In 1990, a 20' x 26.5' addition was constructed to the rear of the original garage. Request Analysis The request is to vacate a 10 foot utility easement. The easement is located within the westerly 10 feet of the dwelling unit. The easement was originally dedicated in 1957 adjacent to the easterly lot line of Lot 9, Block 4 of Ostman's 3rd Addition. The easterly 20 feet of Lot 9 was added to adjacent lots in order to create a buildable lot. In reviewing the survey (not a verifying survey), it is easy to see why the error was made when the building permit for the dwelling was issued. The words "utility easement" are located in the westerly 10 feet of the new lot, however, arrows marking the actual easement area indicate the easterly 10 feet of Lot 9. The Engineering Department has no objections to the vacation request, however, to maintain the City's future options, have requested that an easement be dedicated over the westerly 10 feet of the subject parcel. No public utilities are located in the easement area. In order to avoid a new encroachment situation, a verifying survey should be submitted to determine the setback of the dwelling unit from the westerly lot line. Recommendation Staff recommends that the Planning Commission recommend approval of the request to the City Council with the following stipulations: 1. The petitioner shall dedicate a new utility easement adjacent to the westerly lot line of the subject parcel. 2. A verifying suivey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said suivey. 10.03 Staff Report SAV #95-04, by Gary Hedman Page 4 ADJACENT SITES WEST: Zoning: R-1, Single Family Land Use: Residential SOUT�-I: Zoning: R-1, Single Family Land Use: Residential EAST: Zoning: R-1, Single Family Land Use: Residential NORTH: Zoning: R-1, Single Family Land Use: Residential Comprehensive Planning Issues: The zoning on this parcel is consistent with the Comprehensive Plan. This request to vacate has no impact on the Metro Systems. Public Hearing Comments: To be taken. 10.04 PLANNING COMMISSION MEETING OCTOBER 18 1995 PAG$ 6 converted 14.5 acres from industrial to commerc for Home Depot. There are no adverse impact to the m�politan systems. Staff �recommends the Planning Commission re mmend approval of this change to the City Council. / MOTION by Mr. Kondrick, seconded by N�r'. Sielaff, to close the public hearing. ,' � i IIPON A VOICS VOTE� ALL VOTIN(i fE, CHAIRPERSON NEWMAN DECLARED T8E MOTION CARRIED AND THE BLIC HEARING CLOSED AT 8:04 P.M. MOTION by Mr. Kondrickt, 'seconded by Mr. Oquist, to recommend approval of a Comprehensive Plan Amendment, CPA #95-02, by the City of Fridley for'Minco Products, Inc. , to amend the current land use design �ion from commercial to industrial on Lots 16, 17, and 18, B�k 2, Commerce Park, generally located at 7321 Commerce La " N.E. IIPON A OICL VOTE, ALL VOTINQ AYB, CHAIRPERSON NEWMAN DECLARED THS TION CARRIED IINANIMOIISLY. l�s'. McPherson stated the City Council will consider this item on /ATovember 13. 3. CONSIDERATION OF A VACATION RE4UEST SAV #95-04. BY GARY HEDMAN: To vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman�s Third Addition, generally located at 60 - 70th Way N.E. Ms. McPherson stated this request is to vacate a 10-foot utility easement. The dwelling is built on top of the easement. The title company, when the petitioner recently sold the house, discovered this error and has requested the easement be vacated in order to convey clear title to the new owners. The easement was dedicated on the easterly 10 feet of Lot 9. When four lots were combined to create one buildable lot, the words "utility easement" were located in the most westerly 10 feet on the site plan; however, the lines marking the easement actually go over the east 10 feet. Staff has determined that there are no public utilities located in this easement. The Engineering Department has no objections to the vacation request; although they have requested that we retain a 10-foot easement adjacent to the dwelling for any potential future use by the City. The survey presented at the meeting is not a verifying survey. Staff is requesting a verifying survey be submitted by the petitioner to determine the exact width of the new easement and to verify the distance of the house from the westerly lot line. Ms. McPherson stated staff recommends approval of the request to the City Council with the following stipulations: PLANNING COMMISSION MFBTINQ. OCTOBER 18. 1995 PAG$ 7 1. The petitioner shall dedicate a new utility e�sement adjacent to the westerly lot line of the subject parcel. 2. A verifying survey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said survey. In no case will the easement be required to be wider than 10 feet on this property. There being no questions of staff, Mr. Newman asked for a motion to recommend approval of the request. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of a Vacation Request, SAV #95-01, by Gary Hedman, to vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, generally located at 60 - 70th Way N.E. , with the following stipulations: l. The petitioner shall dedicate a new utility easement adjacent to the westerly lot line of the subject parcel. 2. A verifying survey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lot line. In all other areas along the west lot line, the easement shall be 10 feet and shall be indicated on said survey. In no case will the easement be required to be wider than 10 feet on this property. IIPON A VOICE VOTB� ALL VOTING AYE, CBAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOIISLY. / 4. CONSIDERATION OF A LOT SPLIT RE4UEST L S. #9�02 BY THE FRIDLEY HOUSING & REDEVELOPMENT AUTHORITY: % To take Lots 15, 16, and 17, and the So�heasterly 20 feet of Lots 52 and 53, and the Southerly� �" feet of Lot 54, Block E, Riverview Heights, and sp xt it into three separate parcels (Parcels A - C) , as fol s: Parcel A: Lots 15, 16, an 7, Block E, Riverview Heights Parcel B: The Southe�,sterly 20 feet of Lots 52 and 53, Block E, Riverview�eights Parcel C: The outherly 15 feet of Lot 54, Block E, Riverview H ghts FRIDLE OIINCI MEET N OF OVEMBL 13 1995 AG$ 2 APPROVAL OF MINUTES: COUNCIL MEETING, OCTOBER 23, 1995: MOTION by Councilman Schneider to approve e minutes as presented. Seconded by Councilwoman Bolkcom. Upo a vo�.�e vote, all voting aye, Mayor Nee declared the motion c ried unanimously. PPROVA P O SE CONSEN AG A: � Mr. Burns, City Manager, br: ly reviecved the items on the �onsent agenda. NEW BUSINESS: , r 1. R�CEIVE THE .MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 18, 1995: RECEIVF� / 2. C �VE THE MINUTES OF THE P G COMMISSIO MEETING OF N4 EMBER 1, 1995: � / RECLIVED. 3. ESTABI�ISH A PUBLIC HE.ARING FOR NOVFMBER 27, 1995 FOR A VACA� TION RE4UEST, SAV #95-04, BY GARI! HEDMAN� TO VAC�ITE A UTILITX EASEMENT GENERALLY LOCATED AT 60 70TH WAY N.E. (W.'�RD 3) : Mr. Burns, City Manager, stated that the purpose of the public hearing is to vacatP a ten-foot util�ty ease�ent to clear the title. He stated that no public utilities �re in this loca- tion, and the Planning Commission approved the vacation subject to a stipulation that the petitioner dedicate a new utility easement and commission a survey to verify location of the new easement. SET THE PIIBLIC HEARIN(� ON 9�iCATION REQIIE'ST, 8AV #95-04, FOR NOVEMBER 27� 1995. 4. ESTAB ISH A PUBLIC HEARING FOR NOVEMBER 27 1995 R A VACA- ION UES SAV 95-05 BY INDUSTRIAL E UI S TO VACATE RAINAGE AND UTILITY EASEMENTS ORIGINALL FDICATED ON THE RECORDED PLATS OF NORTHCO BUSINESS P D NORTHCO BUSINESS ARK 2ND ADDITION GENERALLY LOC TE � THE SOUTHWEST CORNER OF 73RD AVENUE AND NORTHCO DRIVE ARD 1) : �� Mr. Burns, City Manager, sta,�-�d that the purpose of the public hearing is to vacate a 2 foot drainage and utility easement located near the int ection of 73rd Avenue and the East University Avenue S ice Drive. He stated that the owners propose to reloc the easement to allow construction of an THE MINIITBS OF THE RBGULAR MEETIN(i OI� THE FRIDLEY CITY COIINCIL OF NOVEMBER 13, 1995 , ,, The Regular Meeting of the Fridley City Council was called to o�er at 7:38 p.m. by Mayor Nee. � PLEDGE OF ALLEGIANCE: / r Mayor Nee led the Council and audience in the Pledge o,f"fAllegiance to the Flag. ' �tOLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jorgenson, Councilman Billings, Councilman Schneider and Ccuflcilwoman Bolkcom MEMBERS ABSENT: None PRESENTATIONS: FRIDLEY '49ER DAYS PARADE FLOAT AWARD AND NATIONAL NIGHT OUT AWARD• Ms. Julie Swanson, Crime Prevention Specialist II, stated that the block captains received two awards this past summer, one for the float in the Fridley '49er Days parade, which was the kick-off for National Night out and a national award for sixth place for National Night Out. Ms. Swanson, alonq with some of the block captains, presented these awards to the City Council. She stated that it was the creative ideas of the block captains fhat earned these awards. Mayor Nee and members of the City Council extended their congratu- lations on receivinq these awards. PROCLAMATION: HOME CARE MONTH: NOVEMBER 1995: Mayor Nee issued a proclamation proclaiming the month of November, 1995 as Home Care Month and presented this proclamation to M�. Bob Loftus. Mr. Loftus thanked the Mayor and the City Council for this pro- clamation and invited them to an open house on November 30 at 3931 �ast River Road to celebra�e the recognition of the people that provide home health care. Mayor Nee thanked Mr. Loftus and thos� who provide this service. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 2� 1995 PAGE 3 needs to be increased to allow for a second cash drawe that will be used on Tuesday nights when City offices a e open until 7:00 p.m. ADOPTED REBOLQTION NO. 89-1995. 6. RESOLUTION NO. 90-1995 IN SUPPO T OF AN APP CATION FOR A MINNESOTA LAWFUL GAMBLING PREMISES PERMIT TO PRING LAKE PARK LIONS (LONGHORN GRILL & BAR) (WARD 3) < Mr. Burns, City Manger, stated that this �s a request to allow a lawful gambling premises permit at Lpnghorn Grill and Bar by the Spring Lake Park Lions. , ADOPTED RESOLIITION NO. 90-1995. 7. CLAIMS• AIITHORIZED PAYMENT OF CLAIM NQB. 65190 THROIIGH 65414. 8. LICENSES• l�PPROVED THS LrICEN8E8 A$ SIIBMITTED 1�iND AS ON FIL$ IN THE LICEIdBE CLERR�S OFFICE. No persons in the audience commented on the consent agenda items. MOTION by Councilman Schneider to approve the consent agenda items. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDII: MOTION by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Billings. Upon � voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. PUBLIC HEARINGS• 9. PUBLIC HEARING TO AMEND REDEVELOPMENT PROJECT AREA NO 1 AND CREATE TAX INCREMENT FINANCING DISTRICT NO. 14: MOTION by Councilman Billings 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 carrisd unanimously and the public hearing opened at 7:52 p.m. FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 27, 1995 PAGE 4 Ms. Dacy, Community Development Director, stated that the subject parcel is located at the southeast corner of 73rd Avenue and the University Avenue Service Drive. She stated that the project is to be known as the Fridley Business Center and will cons ' t of a one-story 88,000 square foot building for use as office/ arehouse. She stated that the parcel is in an M-2 zoning distri , and it is anticipated that companies involved in printing, el tronics, and high technology would occupy the space. She state that there are vacation and variance requests associated with is project. She stated that the developer has indicated they hav tentatively iden- tified a tenant for about half the space and ed occupancy in the spring of next year. Ms. Dacy stated that tax increment fin cing assistance is re- quested for this project, and the site s already in a redevelop- ment project area. She stated tha there has been conceptual approval by the Housing and Redevelo ent Authority for assistance in the form of a loan and a grant or soil correction and reloca- tion of the storm sewer on this �ite. She stated that the soil reports indicate that there are�%a number of areas where peat and organic clays need to be re�ved and silty sand needs to be replaced. She stated that app,�oximately 27,000 cubic yards of fill is needed on the site after�,�removal of the poor soils. Ms. Dacy stated that this�iould be Tax Increment Financing District No. 14, but there will o�hly be eleven active tax increment finan- cing districts, as two�districts, No. 4 and 5, were decertified in 1994 and 1995, and Di�strict Na. 8 will be decertified in 1996. She stated that this ney�► district would expire in the year 2006. She stated that the L(',A/HACA penalty can be avoided by paying a local contributian equ�1 to ten percent of the annual tax increment. She stated that by.r'�paying the local contribution from unrestricted revenue fro�n��ie HRA, a savirigs of $129,815 would be realized. Ms. Dacy st ed that after the public hearing this evening, a reso- lution to reate this district will be submitted to the Council on December 1. The HRA will consider the developmer►t contract for assista e on December 14. No pe sons in the audience spoke regarding the creation of this tax inc ment financing district. M TION by Councilman Schneider to close the pul�lic hearing. econded by Councilman Billings. Upon a voice vote, all voting r aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:58 p.m. 10. PUBLIC HEARING ON VACATION RE4UEST, SAV #95-04, BY GARY HEDMAN, TO VACATE A UTILITY EASEMENT, GENERALLY LOCATED AT 60-70TH WAY N.E. (WA12D 3) : MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman FRIDLEY CITY COIINCIL MEETING OF NOVEMBER 27 1995 PAGE 5 Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the pu�lic hearing opened at 7: 58 p.m. Mr. Hickok, Planning Coordinator, stated that this request is to vacate a utility easement at 60 70th Way N.E. He stated that the petitioner's home was constructed over the easement, and this en- croachment was revealed at a recent sale of the home. He stated that the title company is requesting this easement be vacated. Mr. Hickok stated that the Planning Commission recommended approval of this vacation with two stipulations: (1) the petitioner dedi- cate a new utility easement adjacent to the westerly lot line of the subject parcel; and (2) a verifying survey shall be submitted by the petitioner, which shall determine the width of the new easement between the dwelling and the westerly lo� line. In all other areas along the west lot line, the easement shall be ten feet and shall be indicated on said survey and, in no case, will the easement be required to be wider than ten feet on this property. He stated that staff concurs with the recommendation of the Planning Commission. No persons in the audience spoke regarding this proposed vacation request. MOTION by Councilman Billings to close 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 closed at 8:01 p.m. 11. PUBLIC HEARING ON VACATION RE UEST SAV 95-05 BY I STRIAL E UITIES TO VACATE DRAINAGE AND UTILITY EASEMENT RIGINALLY DEDICATED ON THE RECORDED PLATS OF NORTHCO BUS ESS PARK AND NORTHCO BUSINESS PARK 2ND ADDITION GENERA LOCATED AT THE � SOUTHWEST CORNER OF 73RD AVENUE AND NORT 0 DRIVE WARD 1) : � MOTION by Councilman Billings to waive �he� reading of the public hearing notice and open the public hearrng. Seconded by Councilman Schneider. Upon a voice vote, all yoting aye, Mayor Nee declared the motion carried unanimously aA+d the public hearing opened at 8:01 p.m. Mr. Hickok, Planning Coord�.a�iator, stated that this is a request for , vacation of a 20 foot d,�ainage and utility easement to allow the construction of an of�ace/warehouse industrial building. He stated that the 24 inch sft,�ori�n water line will be relocated. Hickok st�ted that this request has been reviewed by the -+.g Com�ission, and staff concurs with the recommendation for wi'Eh two stipulations: (1) the petitioner shall maintain water drainage system from the manhole located in the �rner of the parking lot and the outlet located at the 'y a G �Qya4�o��o��, �.4 � ,�,^o �c'�`os y FRIDLEY CITY COIINCIL MEETING OF NOVEMHER 27, 1995 PAGE 6 intersection of 73rd Avenue and the East University Avenue Service Road; and (2) the petitioner shall execute and record agains the property a storm water pond maintenance agreement. Mr. A1 Quam, 399 73rd Avenue N.E. , statec� that he w uld like Council to withhold approval of this vacation until su time that an acceptable landscaping plan can be developed. e suggested landscaping in the 73rd Avenue median to screen this property from the neighborhood to the north. Mr. Hickok stated that all the setbacks �ave een met, and the amount of landscaping is based on the build' g dimensions. He stated that he believed the landscaping pl can be designed to meet code requirements and enhance the sit . � Councilman Schneider stated that landsca ng in the boulevard area would have to be maintained, and asked Mr. Quam if the residents would be willing to pay extra taxes f this maintenance. % Mr. Quam stated that he would �be willing to pay for th� maintenance. He also sugc�ested tY�at if some landscaping could be placed in the median, it would sp,are the residents fron� looking at the development. �/ � Councilman Schneider felt th�'t was is a plar�ning issue, and the item before Council at thirs time is a public hearing for the vacation of an easement. �' � Councilman Billings stat-+ed that as he understands, Mr. Quam is requesting that fihe pe�itioner or the City pay for some land- scaping, and he did nq� feel the issue of the vacation and land- scaping are connectec�: s Mr. l�llen, the pet�tioner, stat�d that he felt the landscaping could be worked ou�`. He stated that there is not a great deal that � would be require� but perhaps some majestic spruce. He assured Council that th}� project is not something Mr. Quam would object to looking at �.fid would be a credit to the neighborhood. l s Mayor Nee st�'ted that he takes this as an offer to work out the landscaping fand keep in contact with the residents on the plans. MOTION b��"`, Councilman Billings to close the public hearing. Seconded ,fiy Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimausly and the publicf�hearing closed at 8:17 p.m. �' 12. PUBLIC HEARING ON STONYBROOK CREEK IMPROVEMENT PROJ , , NO. 246• MOTION by Councilman Schneider to waive the reading of the •hearing notice and open the public hearing. Seconded by o ` .�� z FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 1995 PAGE 2 NEW BUSINESS• 2 . FIRST READING OF AN ORDINANCE UNDER SECTION 12 .07 OF TH� CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #95-04 , BY GARY HEDMAN) (WARD 3) � Mr. Burns, City Manager, stated that a dwelling was construc- ted on top of a ten-foot utility easement, and the. vacation is being requested to clear title. He stated that no public utilities are located in this easement. Mr. Burns stated that the Planning Commission approved this vacation subject to a stipulation that the petitioner shall dedicate a new utility easement and commission a survey to verify location of the new easement. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING, WITH THE STIPULATIONS THAT THE PETITIONER DEDICATE A NEA UTILITY EASEMENT AND SIIBMIT A VERIFYING SIIRVEY. 3 . FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CIT CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPEND C OF THE CITY CODE �VACATION REQUEST, S�iV #95-05, BY INDU RIAL EQUITIES) (WARD 1) : Mr. Burns, City Manager, stated that this is �request for vacation of a 20 foot drainage and utility e�ement located near the intersection of 73rd Avenue and t east University Avenue Service Drive. He stated tha� the easement lies between two lots, and the owners pro ose to relocate the easement in order to allow construc 'on of an 88, 000 square foot industrial building. He stat that there is a 24 inch storm sewer located in this easem t, and it will be relocated according to plans that have een approved by the City's engineers. THIS ITEM WAS REMOVED F M THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 4. VARIANCE RE UEST V 95-32 BY INDUSTRIAL E UITIES TO ALLOW LOADING DOCKS IN E FRONT YARD FACING NORTHCO DRIVE TO ALLOW CONSTRUCTION O AN 87 600 S UARE FOOT MULTI-TENANT OFFICE WAREHOUSE I STRIAL BUILDING GENERALLY LOCATED AT THE SOUTHWEST RNER OF 73RD AVEI�IUE AND NORTHCO DRIVE (WARD 1) : Mr. Bur s, City Manager, stated that this proposed building is bo nded on three sides by public streets and has three fro yards. He stated that the proposed loading docks will f e the interior of the industrial development which will ave the least public impact. He stated that there is adequate room to screen the docks. He stated it is THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 11, 1995 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7: 33 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Counci� and audience in the Pledg of Allegiance to the Flag. ROLL CALL• MEMBERS PRE�ENT: Mayor Nee, Councilwoman orgenson, Councilman Billings, Councilman Sc eider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF iKINUTES: COUNCIL MEETING NOVEMBER 27 1995: MOTION by Councilman Schneider t approve the minutes as presented. Seconded by Councilman Billin Upon a voice vote, all voting aye, Mayor Nee declar�d the tion carried unanimously. SPECIAL MEETING DECEMB R 5 1995• MOTION by Councilman Bii ngs to approve the minutes as presented. Seconded by Councilwoma Bolkcom. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City IM,anager, reviewed the proposed consent agenda items. / OLD BUSINESS: �'' 1. CRDINANC NO. 1059 RECODIFYING THE FRIDLEY CITY CODE CHAPTER 216 EN ITLED "STORM WATER DRAINAGE UTILITY" BY AMENDING SECTIO 216. 04- � Mr. urns, City Manager, stated that this is the second rea ng of an ordinance that would allow storm drainage fees to e s�t by Council resolution. A�IVED THE READING AND ADOPTED ORDINANCE NO. 1059 ON THE ECOND READING AND ORDERED PUBLICATION. � THE MINUTES OF THE REGULAR MEETING OF TAE FRIDLEY CITY COUNCIL OF JANUARY 8, 1996 The Regular Meeting of the Fridley City Council was called to order by Mayor Nee at 7:32 p.m. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the P edge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Council oman Jorgenson, Councilman Billings, Council an Schneider and Councilwoman Bolkcom MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING DEC BER 11 1995: Councilman Schneider s ated that on Page 14, the first line, the insertion of the word 'transfer" would better clarify this motion. MOTION by Council n Billings to amend the first line on Page 14 of the minutes b inserting the word "transfer" between the words "reserve" and ' y. " Seconded by Councilman Schneider. MOTION by uncilman Schneider to approve the minutes with the above ame ment. Seconded by Councilwoman Jorgenson. Upon a voice vote,all voting aye, Mayor Nee declared the motion carried unanim sly. APP VAL OF PROPOSED CONSENT AGENDA: OLD BUSINESS• 1. ORDINANCE NO. 1061 UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #95-04 , BY GARY HEDMAN) {WARD 3) : Mr. Burns, City Manager, stated that a dwelling was con- structed on top of a ten foot utility easement, and this vacation is requested to clear title. He stated that no public utilities are located in this easement, and the Plan- ning Commission approved the vacation subject to the peti- tioner dedicating a new utility easement and commissioning a survey to verify the location of the new easement. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1061 ON SECOND READING AND ORDERED PIIBLICATYON WITH THE STIPIILATION THAT THE PETITIONER DEDICATE A NEW UTILITY EASEMENT AND SIIBMIT A VERIFYING SURVEY. FRIDLEY CITY COIINCIL MEETING OF JANUARY 8, 1996 PAGE 2 2. ORDINANCE NO. 1062 UNDER SECTION 12.07 OF THE CITY CHARTER TO ' VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE VACATION RE UEST SAV 95-05 BY INDUSTRIAL UITIES (WARD 1) • Mr. Burns, City Manager, stated that this requ t is for the vacation of a drainage and utility easement a Northco Busi- ness Park. He stated that if this vacation i approved, a 24 inch storm water pipe would have to be relo ated. He stated that the Planning Commission recommende approval of this vacation with two stipulations. WAIVED THE SECOND READING AND ADOPTED ORDINANCE NO. 1062 ON SECOND READING AND ORDERED PIIBLICAT N WITH THE STIPIIL�ITION THAT THE PETITIONER SHALL MAINTAIN HE STORM WATER DRAINAGE SYSTEM FROM THE MANHOLE LOCATED IN E SOIITHEAST CORNER OF THE PARRING LOT AND THE OIITLET LOCATE AT THE INTERSECTION OF 73RD AVENIIE AND THE EAST IINIVERSITY A NITE SERVICB ROAD. ALSO, THE PETITIONER SHALL E%ECIITE AND CORD AGAINST THE PROPERTY A STORM WATER POND MAINTENANCE �GREEMENT. 3 . ESTABLISH PUBLIC HEARINGS OR REZONING RE UEST ZOA 95-01 PLAT RE UEST P.S. 95-01 AND VACATION RE UEST SAV 95-02 BY ROTTLUND COMPANY INC WARD 1 : . Mr. Burns, City Mana r, stated that the original public hearings were conduc ed July 24 and August 14, 1995. He stated that the site plan for this development in the South- west Quadrant has s bsequently been revised and includes the following elements 62 owner-occupied, three-story attached townhomes on the east side of Third Street and 60 owner- occupied, detach d townhomes on the west side of Third Street with a mixture of one and two story units to sell between $90, 000 and $1 0, 000. He recommended that Council establish January 22 , 1 96 as the date for the public hearing regarding the revised lans. SET THE P BLIC HEARING DATE OF JANUARY 22� 1996 FOit THE ROTTLUND OMPANY, INC. REQIIESTS. NEW BUSINESS. 4. FIRST READING OF AN ORDINANCE ESTABLISHING A NEW CHAPTER OF THE ITY CODE OF THE CITY OF FRIDLEY CHAPTER 221 ENTITLED "ST NYBROOK CREEK STORM WATER IMPROVEMENT UISTRICT: " M . Burns, City Manager, stated that this ordinance creates e Stonybrook Creek Storm Water Improvement District. He stated that the district is bounde� by the Mississippi River and Spring Lake Park on the west and east respectively, and by 81st Avenue and Osborne Road on th� r�orth and south, respectively. He stated that the City is expected to levy _ CITY OF FRI DLEY FRIDLEY MUNIC[PAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE January 18, 1996 Gary Hedman 5546 Village Drive NE Edina, MN 55439 Dear Mr. Fiedman: On January 8, 1996, the Fridley City Council officially approved your request for a vacation request, SAV #95-04, to vacate the East 10 feet, except the Southerly 5 feet, of a utility easement located on Lot 9, Block 4, Ostman's Third Addition, generally located at 60 - 70th Way N.E. Approval of this vacation request is contingent upon the following stipulation: 1. The petitioner shall dedicate a new utility easement and submit a verifying survey. If you have any questions regarding the above action, please call me at 572-3590. r . .....__....__ - incer y, �_, _.._. . � '�`�'� ,, / Barbara Dac AICP � Y, Community Development Director BD/dw P{ease review the above, sign the statement below and return one copy to the City of Fridley Planning Department by February 1, 1996. Concu with action taken.