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SAV98-02 a CITY OF FRIDLEY 6431 UNIVERSITY AVENUE i z ;�� FRIDLEY, MN 55432 -�"--�,,,. (612) 571-3450 COMMUNJITY DEVELOPMENT DEPARTM�NT APPLICATI OR: Vacatio of Street Alie r Easement PROPERTY INFORMATION - site pian required for submittal, see attached Address: 5�5 c�� W ��. E � �l S�� Property Identification Numb r: Legal Description: Lot_,� Block�_ Tract/Addition i �s � ��a-vt z� e c� a.i�.i cs i � Uw � Co Current Zoning: I Square footag /acreage: Legal Description of Street, �Iley or Easement to be Vacated: I Reason for Vacation: � � `o ` � o l is ' � Have you operated a busin�ss in a city which required a business license? Yes No c/ 1�Yes, which city?_ If Yes, what type of busines�? Was that license ever deni or revoked? Yes No .�.�r.�r.�r.�..�r�r.�r�r.�r.�r.�r�.�.�r.�r�r n..�r.�. .�.�..�...�.�.�r�r.�..�..�.r.�.�...�r�..�r.�r.�.�r.�..�..�.�.rti�.�.�..�..�..o.ti.�..o..�..�..�.�..+..�..�...�.r�r FEE OWNER INFORMATI N (as it appears on the property title) (Contract purchasers: Fee wners must sign this form prior to processing) NAME: j ADDRESS: I DAYTIME PHONE: SIGNATURE/DATE: .�.�..�..�.r..r�r.�r.v�r^.wrrr...r.�.�r�r�.�r .rrwrrr.�r.�.w.�r.......�....r�..�.rrnr�r.�.�rrti..I.�..�rwr.�.�.w.rw..v�r�..�..�..r�r�.r�.....r^r..I PETITIONER INFORMATI N NAME: GZ5 �r f ar �� avl C c,/,z, ADDRESS: S� 0� : �E r /��1 5=S��2 DAYTIME PHONE: �' �I SIGNATURE/DATE: 7lq�Qg �V�V�VAr/�r�V�V1VN�V�Vti�V�V�r�Vti1VN �VN�V�V�VArArArArAr�r�r�VNN�V�V�VN�V�V1V�rNiVNN�V�V�V�r 1V/V1V�Vti�V/V�V�VN�V�VAI FEES Fee: $250.00� Application Number: �i��' ��Receipt#: GIl � Re ived By: Scheduled Planning Comrriission Date: ��su.� , r 9 5 � � Scheduled City Council D�te: ��:�of�.�.�� 1� , l�1 F_ 10 Day Application Complete Notification Date: �.! .,1_� �� f i 5 � 60 Day Date: �� ,�_��E_�� /� � f�`1� i Ci f F �i ! t o d e Land Use v v A lication Proc ss pp e 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial � 21-40 Days� 50-60 Days � � � � i i i Approved, Action Taken Letter � Application Complete � � ; 1 Q Day Notice � � ; ; � Tabled, 60 More Days Submit Complete Public Hearings: ; Application and Variance � Denied Materials Vacations � Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits � I � � PUBLIC HEARING BEFORE THE , PLANNING COMMISSION Notice is hereby giv�-�n that there will be a public hearing of the Fridley Planning Comr�ission at the Fridley Municipal Center, 6431 University Avenue N.�. on Wednesday, August 19, 1998, at 7 :30 p.m. for the purpose ;of : Considerat�on of an Alley Vacation SAV #98-02 , by Roslyn Park Wesleyan Church to vacate all that part of the alley �n Block 15, Hamilton' s Addition to Mechanicsv�lle, Anoka County, Minnesota which lies between thje Northerly line of 53rd Avenue NE and the Southerly iline of 54t'' Avenue NE in said Block 15, generallyidescribed as Block 15, Hamilton' s Addition to Mechanicsviille, generally located at 5300 6t'' Street NE. i � Any and all personsidesiring to be heard shall be given an opportunity at the �bove stated time and place. Any questions related to this iter�n may be referred to Scott Hickok, Planning Coordinator at 572-�599 . i Hearing impaired pe�sons planning to attend who need an interpreter or othe� persons with disabilities who require auxiliary aids shouild contact Roberta Collins at 572-3500 no later than August 12 , 1998 . i DIANE SAVAGE CHAIR , PLANNING COMMISSION Publish: August 6 � 1998 August 1 , 1998 , � � _ � t= cu�s Ne u�� — ��u��u.S�- (o; � 3 � Ci of Fridl � tY eY � 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 , i Wednesday,August 19,1998,at 7:30 p.m. forthe purpose of: Consideration of an Alley Vacation SAV ri98-02,by Roslyn Park Wesleyan Church to vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota which lies between the Northerly line of 53rd Avenue NE and the Southerly line of 54th Avenue , NE in said Block 15,generally described as Block 15, Hamilton's Addition to , Mechanicsville, generally located at 5300 6th Street NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Scott Hickok,Planning Coordinator at 572-3599. Hearin im aired erson 9 P p s lannin to P 9 attend who need an interpreter or other er- I'� P sons with disabilities who require auxiliary aids should contact Roberta Collins at 572- 3500 no later than August 12,1998. DIANE SAVAGE , CHAIR PLANNfNG COMMISSION (August 6, 13, 1998) Fridley, Blaine, Columbia Heights,Hilltop,Spring Lake Park Focus News . i CITY OF FRIDLEY PUBLIC HEARING NOTICE BE�ORE THE PLANNING COMMISSION TO: A I property owners/residents within 350 feet of property g�nerally located at 5300 6`� Street NE CASE NUMBER: Alley Vacation #98-02 APPLICANT: oslyn Park Wesleyan Church PURPOSE: vacate all that part of the alley in Block 15, Hamilton's Alddition to Mechanicsville, Anoka County, Minnesota which li�s between the Northerly line of 53'� Avenue NE and the �outherfy line of 54�'Avenue NE in said Block 15. LOCAT/ON OF 300 6�' Street NE PROPERTY AND I LEGAL �lock 15, Hamilton's Addition to Mechanicsville. DESCRIPTION: i DATE AND TIME OF lanning Commission Meeting: HEAR/NG: � Wednesday, August 19, 1998, at 7:30 p.m. he Planning Commission Meetings are televised live the night f the meeting on Channel 35. PLACE OF I ridley Municipal Center, City Council Chambers HEAR/NG: �431 University Avenue N.E., Fridley, MN HOW TO You may attend hearings and testify. PART/C/PATE: �. You may send a letter before the hearing to Scott Hickok, lanning Coordinator, at 6431 University Avenue N.E., Fridley, N 55432 or FAX at 571-1287. SPEC/AL Hearing impaired persons planning to attend who need an ACCOMODATIONS: jinterpreter or other persons with disabilities who require �auxiliary aids should contact Roberta Collins at 572-3500 �no later than August 12, 1998. ANY QUESTIONS: �Contact Scott Hickok, Planning Coordinator at 572-3599. 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--�� 1 �1 ��1��7.�� ..-1 � � � ��1 '� � �, � �� ` � LUBET BERNICE $IEDLECKI PATRICIA J BATES CHRISTINE&VOLLRATH 2532 JOPPA AVE SO �380 6TH ST NE 5375 STH ST NE ST LOUIS PARK MN 55416 FRIDLEY MN 55421 FRIDLEY MN 55421 WRIGHT EUGENE&DIANE M �,ISCHALK STEPHEN T&DOREEN HOIBY RONALD L&CAROL A 15100 STONE RD 357 4TH ST NE 5380 7T'H ST NE WAYZATA MN 55391 RIDLEY MN 55421 FRIDLEY MN 55421 I LUBET BERNICE IGIDEO ROBERT J&FRANCES LINDBERG CURTIS M&MARILYN 2532 JOPPA AVE SO 5372 6TH ST NE 5353 4TH ST NE ST LOUIS PARK MN 55416 IFRIDLEY MN 55421 FRIDLEY MN 55421 I I BERGSTROM DARRELL J I SELLARDS JESSE J CARSEN DANE C &KELLI L 5370 STH ST NE j 8491 HILLSIDE TRAIL 5370 7TH ST NE FRIDLEY MN 55421 i COT'T'AGE GROVE MN 55016 FRIDLEY MN 55421 I ANDERSON MICHAEL J&LINDA j SCHWARTZ DUANE LEO&M Y BLANK RICHARD K 5360 STH ST NE j 2525 118TH AVE NW 5360 6TH ST NE FRIDLEY MN 55421 I COON RAPIDS MN 55433 FRIDLEY MN 55421 SOPER MICHAEL D j STIMACK THOMAS &BARTON S F SODERHOLM S W&L M TRUSTEE 5360 7'TH ST NE I 5331 STH ST NE 5336 STH ST NE FRIDLEY MN 55421 � FRIDLEY MN 55421 FRIDLEY MN 55421 I PREBARICH JOHN J j HUBER ROBERT J&MICHELE YANG YENG H ETAL * 5339 4TH ST NE j 18380 GLADIOLA ST NW 5346 6TH ST NE FRIDLEY MN 55421 i CEDAR MN 55011 FRIDLEY MN 55421 SCHUMACHER EDWARD T&JODI I WALKER DEBORAH J KIZZEE RONALD E&BARBARA 5350 7TH ST NE j 5329 STH ST NE 4946 JACKSON NE FRIDLEY MN 55421 I FRIDLEY MN 55421 COL HGTS MN 55421 I I I NELSON LARRY A&RITA ANN j MUSKE CURT A&DIANA K SCHOLZEN EDWARD J&LOIS S 5323 4TH ST NE � 5340 7TH ST NE 117 HARTMAN CIR FRIDLEY MN 55421 j FRIDLEY MN 55421 FRIDLEY MN 55432 I I RAMSEY DALLAS L&PATRICIA j KIZZEE RONALD E&BARBARA CEDERSTROM YUAI�IITA L 5336 6TH ST NE I 4946 JACKSON NE 5331-6TH ST NE FRIDLEY MN 55421 � COL HGTS MN 55421 MPLS MN 55421 0 �IZZEE RONALD E&BARBARA BREITKREUTZ PATRICK W& S R 4�946 JACKSON NE 5315 4TH ST NE �OL HGTS MN 55421 FRIDLEY MN 55421 JOHNSON DEAN VINCENT& SAND OSLYN WESEYLAN CHURCH RODGERS FRANCES V 5330 7TH ST NE 300 6TH ST NE 5330 STH ST NE FRIDLY MN 55421 �RIDLEY MN 55421 FRIDLEY MN 55421 � I LEWIS TERRANCE P& SANDRA IROSLYN WESLEYAN CHURCH OTTEN MERLE J&MARGARET J 5323 6TH ST NE i5300 6TH ST NE 5311 4TH ST NE FRIDLEY MN 55421 �FRIDLEY MN 55421 FRIDLEY MN 55421 STEVENS JAMES B &JOANNE C I LAMBERT BRUCE P&VICKI J ANDERSON LARRY L 5310 STH ST NE I 5310 7TH ST NE 2840 QUEBEC AVE S FRIDLEY MN 55421 j FRIDLEY MN 55421 ST LOUIS PARK MN 55426 DONLEY CHRIS T&PAMELA J j ROSLYN WESEYLAN CHURCH BYERS RICHARD L&MYRNA L 5305 4TH ST NE I 5300 6TH ST NE 5300 STH ST NE FRIDLEY MN 55421 i FRIDLEY MN 55421 FRIDLEY MN 55421 iGary Brewster AMUNDSON ALLYN N&ISABELLE i ANDERSON LARRY L 5301 4TH ST NE j 5315 6TH ST NE FRIDLEY MN 55421 I FRIDLEY MN 55421 � CURRENT RESIDENT �URRENT IDENT CURRENT R IDENT 5381 6TH ST N E 5380 6T T N E 5375 5ln `' ' '"E I N. 55421 RIDL�Y MN. 55432 FRI.OtEY M FRIDLEY MN. 55432 � , , , �� I CURRENT RESIDENT �CURRENT SIDENT CURRE ESIDENT 5384 5TH ST NE �357 4 ST NE 5380 H ST NE FRIDLEY, MN. 55421 RI EY, MN. 55421 F DLEY, MN. 55432 � I CURRENT RESIDENT jCURREN ESIDENT CURRENT SIDENT 5361 6TH ST N E 15372 6 ST N E 5353 4T T N E FRIDLEY, MN. 55432 IFRI EY, MN. 55432 FRI EY, MN. 55432 CURRENT SIDENT ICURRENT RESIDENT CURREN ESIDENT 5370 5TH T NE 15367 5TH ST NE 5370 7�1 ST N E FRIDLE,ai'r, MN. 55421 I FRIDLEY, MN. 55421 F�EY, MN. 55432 � ,�' r�' ' , CURRENT RESIDENT j CURRENT RESIDENT CURREN ESIDENT 5360 5TH ST NE I 5347 4TH ST NE 5360 ST NE FRIDLEY, MN. 55421 I FRIDLEY, MN. 55421 F LEY, MN. 55432 CURRENT IDENT j CUR REN ESIDENT CURRE RESIDENT 5360 7T T N E I 5331 5 ST N E 5336 H ST N E FRIDL , MN. 55432 � FRI EY, MN. 55421 FRI LEY, MN. 55421 CURRENT R IDENT j CURRENT RESIDENT CURRE RESIDENT 5339 4TH NE I 5335 6TH ST NE 5346 H ST NE FRIDLEY, MN. 55421 i FRIDLEY, MN. 55432 F LEY, MN. 55432 CURRENT SIDENT I CURRE RESIDENT CURRENT RESIDENT 5350 7TH NE I 5329 H ST NE 5334 5TH ST NE FRIDLE , MN. 55432 I FR LEY, MN. 55421 FRIDLEY, MN. 0 � CURRENT SIDENT CURRENT SIDENT I CURR T RESIDENT 5323 4T T NE I 5340 H ST NE 117 H MAN CIR NE FRIDL , MN. 55421 I FRI LEY, MN. 55432 FRI EY, MN. 0 , CURRENT RESIDENT j CURRENT RESIDENT CURRENT RESIDENT 5336 6TH ST NE I 5334 5TH ST NE 5331 6TH ST NE FRIDLEY, MN. 55432 I FRIDLEY, MN. 0 FRIDLEY, MN. 55432 � CURRENT SIDENT URRENT RESIDENT CURRENT SIDENT FRIDLEY, N. 0 334 5TH ST NE 5315 ST NE �RIDLEY, MN. 0 F DLEY, MN. 55421 CURRENT R IDENT URRENT SIDENT CURREN ESI DENT � 5330 7TH N E 300 6T T N E 5330 ST N E FRIDLEY, MN. 55432 FRID Y, MN. 0 F LEY, MN. 55421 CURRENT RES DENT iCURRENT RESIDENT CURRE RESIDENT 5323 6TH S E 5315 5TH ST NE 531 H ST NE FRIDLE , N. 55432 iFRIDLEY, MN. 55421 F DLEY, MN. 55421 RE T ICURRENT R IDENT CURRENT RESIDENT CUR N R IDENT 5310 5TH NE 5310 7TH NE 5315 6TH ST NE FRIDL , MN. 55421 FRIDL , MN. 55421 FRIDLEY, MN. 55432 CURRENT RESIDENT ICURRENT SIDENT CURRENT ESIDENT 5305 4TH ST NE I5300 6T T NE 5300 5TH T NE FRIDLEY, MN. 55421 i FRID , MN. 0 FRIDL , MN. 55432 � � CURRENT SIDENT I CURRENT R DENT 5301 4TH NE I 5315 6TH NE FRIDLE , MN. 55421 I FRIDL , MN. 0 CITY OF FRIDLEY PROJECT SUMMARY REZONING AND ALLEiY VACATION REQUEST BY ROSLYN PARK WESLEYAN CHURCH A enda Item: 2 &'3 A licant: Gar Brewster Case Number: ZOA #98-02, SAV #98-02 A lication`Date: Jul 17,1998 Staff Reviewer: Scott J. Hickok Meeting Date: August 19, 1998 Pi��g ' Se tember 14, 1998 cc City Manager Authorization: 60 Day Date: September 15,`1998 ' DESCRIPTION OF REQi�EST Gary Brewster, Roslyn Par�C Wesleyan Church is requesting a rezoning of property from R- 2, Two Family Residentiall to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2, whi�e the other half is zoned R-3. A rezoning would allow the entire church property to be zon�d consistently. The Church has long range plans for expansion and would prefer to rezon� the property now to facilitate their plans. Mr. Brewster has also req�ested an alley vacation. Currently, an alley exists which bisects the church property into �ast and west segments. A residential neighborhood exists north of the Church. Mr. Bre�vster was successful in presenting a 100% petition from the residents to the north. A1�11 parties sharing an interest in the alley welcome the idea of the alley vacation. Many pro erty owners north of the church have begun to utilize the alley area as if it were vacated. SUMMARY OF ISSUES: Both Sections 205.08.01.0 jand 205.09.01.0 of the Fridley Zoning allow churches as a Special Use Permit. The languag� in both sections of the Code is identical. The surrounding land is a mix of R-2 and R-3� properties. Staff utilizes a strict criteria to evaluate rezoning requests. Compatibility �s a key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the �ezoning as requested would not be inconsistent with the zoning patterns and existing use� in this area. Code Section 211.10 Sta�es that any plat or any part of a plat may be vacated....Such vacation shall require th� approval of the City Council in the same manner as for plat of subdivisions... 2. When lots have bee� sold, the plat may be vacated as stated above, provided that all the owners of lots in�uch a plat join in the execution of such instrument... This alley therefore can�e vacated in accordance with the provisions on this Chapter since all owners have concurr�d with the request and support the Church in their efforts. I RECOMMENDED AC�IONS: Staff recommends appro�val of the rezoning and vacation with stipulations (see report). Staff Report I ZOA#98-02&SAV#98-02,5300 6"'S�reet NE Page 2 Petition For: A rezoning o�property from R-2, Two Family Residential, to R-3, Multi-family Residential. j The petition r has also requested an alley vacation. Currently, an alley exists which bisect the church property into east and west segments. A residential neighborhoo�l exists north of the Church. The petitioner was successful in presenting a�00% petition from the residents to the north Location of Property: 5315 5�Stree�lt N.E. and 5300 6th Street N.E. Legal Descript. of Property: Lots 11-21, B�ock 15, Hamiltori s Addition to Mechanicsville Lot Size: 60,131.2 s.f., �.38 acres Topography: Relatively fl�t Existing Vegetation: Urban Land�cape Existing Zoning/ I Platting: R-3, Genera� Multiple Unit/ R-2,Two Family Unit Availability � of Municipal I Utilities: Utilities ava�lable Vehicular Access: 53rd Avenulle N.E. and 6�Street. Pedestrian Access: NA Engineering Issues: A U.G. An+oco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A new easem�ent will also be required to allow access to overhead electrical and cable lines�hat are located in, and accessible through the alley. 2 _ _ 1 . Staff Report I ZOA#98-02&SAV#98-02,5300 6`�'S�reet NE Page 3 I Comprehensive j Planning Issues: The zdning and use of this land are consistent with the Comprehensive Plan. i Public Hearing Comments: To be �aken Site Planning Issues: I ADJACENT SITES NORTH: Zoning: R-1, Singl Family Land Use: 1 and 2 Family Residential R-2,Two �amily EAST: Zoning: R-2, Two l�amily Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Co�umbia Heights j Land Use: Residential (single and multiple) I WEST: Zoning: R-3, MultitFamily Residentia�l Land Use: Residential, Primarily Single Family DEVELOPMENT SITE REQUEST � Gary Brewster, Roslyn Parl� Wesleyan Church is requesting a rezoning of property from R-2, Two Family Residential, to I�-3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the otl�er half is zoned R-3. A rezoning would allow the entire church property to be zoned consis�tently. The Church has long range plans for expansion and would prefer to rezone the propert� now to facilitate their plans. Mr. Brewster has also requ�sted an alley vacation. Currently, an alley exists which bisects the church property into east a�nd west segments. A residential neighborhood exists north of the Church. Mr. Brewster wasl successful in presenting a 100% petition from the residents to the north. All parties sharing a� interest in the alley welcome the idea of the alley vacation. Many property owners north of thle church have begun to utilize the alley area as if it were vacated. SITE DESCRIPTION/HIST�RY Hamiltori s Addition to Me�hanicsville was platted in 1886 On August 7, 1956 a buildir}g permit was issued to construct the Roslyn Park Church. On March 15, 1965 a buildir�g permit was issued to create the Parsonage. 3 i Staff Report ZOA#98-02&SAV#98-02,5300 6`�'S�reet NE Page 4 The parsonage is on a parcel tl�at is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has $equested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. T1he language regarding churches is identical in the two districts. However, staff has taken the s�me approach to analyzing this request as if another R-3, Residential use were being considered. Evaluation of the Rezoning Criiteria Compatibility of the proposed �se with the proposed district. The proposed use of the site is tolprovide for future expansion of the church and associated parking. Compatibility of the proposed �iistrict with adjacent uses and zoning. The proposed district, R-3, Gene�al Multiple Units District is compatible with adjacent uses and zoning. The use of the subject parcel as �t is currently zoned would not be limited(for the intended purpose) by its zoning. However, other idiosyn�crasies about two zoning classifications make rezoning an attractive option. Compliance of the proposed u�e with the proposed district requirements Setbacks The future site plan meets the m�nimum requirements of the R-3, General Multiple Unit District requirements, if the alley were v cated and lots consolidated. Drainage The engineering department wil require that the drainage plan meet the requirements of the Six Cities Watershed Management Organi�ation. Storm water will be required to be managed on site and then released into the storm water system loca�ted adjacent to the site. Landscaping j A future landscape plan would e required. Final landscape plans must meet or exceed the requirements of the C-2 District. Also, the parking lot will requir additional plantings to provide additional screening of the parking lot from the public right-of-way. Building Materials I Code requires that commercial uildings be constructed of masonry units specifically designed as finished exterior surfaces. These materi ls include: brick, rock face block, etc. The future building addition will be of materials to blend with the orig nal architecture of the church. VACATION OF ALLEY The City Council requires t�at a request to vacate an alley be accompanied by a 100% petition of support by the neighboring jproperty owners. This request for a variance was accompanied with a petition that complies with�he City's requirement. I 4 Staff Report ZOA#98-02&SAV#98-02,5300 6�'S�reet NE Page 5 All utilities in this area hav been notified of the request to vacate the Alley. Amoco has responded that they do not o ject to the vacation; however, an easement will be required from the church to replace the City e�lsement document for the short stretch where the pipe crossed the alley, near the 53rd Avenue ri�ht-of-way. The church has worked with t�e neighbor to allow a replacement access drive to their garage. The Walker property at 5329 5th �treet NE takes access from the alley to their garage. The petitioner has arranged for an altern' tive access arrangement for that home owner. An easement memorializing this agreeme t will be required to be filed at Anoka County, along with an alternative access easement fo access to the utilities in the alley. RECOMMENDATION Staff recommends approval o rezoning request ZOA #98-02, without stipulations. Staff recommends approval o�vacation request SAV #98,with the following stipulations: 1. The petitioners record an easement to allow garage access for the homeowners at 5329 5� Street NE. 2. The petitioners record an easement over the alley to allow access to the utilities until a new easement is defined as necessary for utility access until the church expansion occurs. 3. The petitioners shall �ecord a new easement to allow a utility access alternative prior to issuance of the propos�d church expansion on the west end of the existing church structure. 4. The petitioners shall ajpply for and receive a special use permit prior to expansion of their church facility. Ir 5. The petitioner shall rlecord an easement to provide Amoco continued rights across the former alley. 5 i i i i � � ------- ------------------------ �� I -------- ----- �J �---- ------------------ z ------------ _ ,n.��,..,�. /� i � . =__ � - -- -- - -- -- --�.......�,�_e��._� 1��2�1S Hl9 -.-.---.-� d_m� _ _ _,_ _ _ _ _ _ _ _ _ _ � � _ '1 i - — ------ � t - .-.--.-._.._ "SV3M lLV6l '�. .�� a _ -_-. ._ --.- .-__ v - b I _ -1 00'OGL � ! 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J � �V M i I r.C�%`�� cU I • I ��-�� \ - a a.^�ap �� _ > � yq�� . � -SV31V ZL'B6l-1Vld OD'DOi r�� Y :n�srw _' � � ---_��'°------- a31`d�bA _-'° ------- -=-��36,-��..�:..�.�.�. 101 • _"SY31ILY9tZ�1V7d00L1L___/� M� -�fi-- ..,.�. ..,,�. � � � i � �' �.,, � q � i I � I � I � I � � %� �^ I s\ �''^T ,� :S.� � ' I I� � � i � � ga i � � � � I I � � ' � � I � � '4 I I � �� ' � q �r�r I ` I �I.,}� / I o-4 I ''/ �� i � I � I _ � I � i I �,� e � � �' ;..i �� i ! I � ^ i � i � ' I _^ i ^ 3� ^ I ' � .g� � • I �� I � c . LL� . ,I � � C � . � � I Y � �� _ I Yo= '� o - _ ' _ 4 , - � �1 � �E� D L 1 � Z - i � =z < _ Z_ ` '` t'' c�e ` c � R I[ � � �� . �,�_ � _ ' �- ! �: � �.!} �� d i� ! � ' I � ^�n ! ' � v; � -.,. � -�a>`� p S �s �3 I � -c`�.,_ i 'n�_ `�a.= ' a _ ; s `1► � I , R I p - - � �,- � '� — I -'mc ' � _ -a� - �r � �a: , � -�a- . . _ < i M� R . _,� , 7 "�,f �, . � ' �. - ♦ � x„ � e � � � `'- �. � I � �_� , �-� < ! �� ' e '3 i �' ��s i � � �.�, I C� `�=� �_- _..�. ' '` ' ' � � i� � x ' y� � � ��-i .. . . . ` ` r� i.�,e a r. b+a ` I L-_��__��_��__��__�_�_�_____��__�__�___��_�___ -�-----sr�sc�rz-lruooro.zj-� v.� ! *� � � � , � � i � -�- A - 1----=—J � � i •� 1��2�1S H_S -o--- -- =;,-�- - -- -- -_ �—�,�..� _ �..v.�.�.�_�-�� -�'Q j �sra vw.u� yl ./ � I , -""�-.- _)` -.-.-.-._.-._._ _ ��L._ ., � I - - - - -}- - _. '"` I c i � � � � r-----------------------------------------------------------------------------i; il� CITY OF FRIDLEY PROJECT SUMMARY REZONING AND ALLE'�C VACATION REQUEST BY ROSLYN PARK WESLEYAN CHURCH ; A enda Item: 2 & 3 A licant: Gar Brewster Case Number: ZOA #98=02,_SAV#98-02 ' A lication Date: Jul 17, 1998 Staff Reviewer: Scott J. Hickok Meeting bate: September 2, 1998 nian. ' Se tember 14, 1998 cc City Manager Aufihorization: 60 Day Date: ' September 15; 1998 DESCRIPTION OF REQU�ST Gary Brewster, Roslyn Par� Wesleyan Church is requesting a rezoning of property from R- 2, Two Family Residential, to R-3, Multi-family Residential. Currently, half of the church property is zoned R-2,whi e the other half is zoned R-3. A rezoning would allow the entire church property to be zon d consistently. The Church has long range plans for expansion and would prefer to rezon�the property now to facilitate their plans. Mr. Brewster has also req�ested an alley vacation. Currently, an alley exists which bisects the church property into e�st and west segments. A residential neighborhood exists north of the Church. Mr. Brew�ter was not successful in presenting a 100% petition from the residents to the north. N t all parties sharing an interest in the alley welcome the idea of the alley vacation. Many property owners north of the church have begun to utilize the alley area as if it were vac ted. SUMMARY OF ISSUES: Both Sections 205.08.01.0 nd 205.09.01.0 of the Fridley Zoning allow churches as a Special Use Permit. The languag in both sections of the Code is identical. The surrounding land is a mix of R-2 and R-3 properties. Staff utilizes a strict criteria to evaluate rezoning requests. Compatibility i a key factor. As either R-2 or R-3 the land passes the test for rezoning. Allowing the r zoning as requested would not be inconsistent with the zoning patterns and existing use in this area. Code Section 211.10 Sta s that any plat or any part of a plat may be vacated....Such vacation shall require th approval of the City Council in the same manner as for plat of subdivisions... 2. When lots have been sold, the plat may be vacated as stated above, provided that all the owners of lots in uch a plat join in the execution of such instrument... The entire alley therefo e cannot be vacated in accordance with the provisions on this Chapter since all owner have not concurred with the request and support the Church in their efforts. RECOMMENDED ACT ONS: Staff recommends appro al of the rezoning and a modified vacation req. with stipulations Staff Report ZOA#98-02&SAV#98-02,5300 6�'S eet NE Page 2 Petition For: A rezoning o property from R-2, Two Family Residential, to R-3, Multi-family � Residential. The petition r has also requested an alley vacation. Currently, an alley exists which bisect the church property into east and west segments. A residential neighborhoo exists north of the Church. The petitioner was not successful in presenting a 00% petition from the residents to the north. Location of Property: 5315 5�Stre t N.E. and 5300 6th Street N.E. Legal Descript. j of Property: Lots 11-21, B�ock 15, Hamiltori s Addition to Mechanicsville Lot Size: 60,131.2 s.f., �.38 acres Topography: Relatively fl t Existing Vegetation: Urban Land cape Existing Zoning/ Platting: R-3, Genera Multiple Unit/ R-2, Two Family Unit Availability of Municipal Utilities: Utilities av ilable Vehicular � Access: 53rd Aven e N.E. and 6�Street. Pedestrian Access: NA I Engineering Issues: A U.G. Ar�oco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A new ease ent will also be required to allow access to overhead electrical and cable lines�that are located in, and accessible through the alley. I 2 . i Staff Report I ZOA#98-02&SAV#98-02,5300 6`"Stlreet NE Page 3 � Comprehensive Planning Issues: The zo ing and use of this land are consistent with the Comprehensive Plan. Public Hearing Comments: To be�aken Site Planning � Issues: � � � ADJACENT SITES NORTH: Zoning: R-1,Single Family Land Use: 1 and 2 Family Residential R-2, Two amily EAST: Zoning: R-2, Two F mily Land Use: 1 and 2 Family Residential SOUTH: Zoning: City of Col�imbia Heights i Land Use: Residential (single and multiple) WEST: Zoning: R-3, Multi- amily Residentia Land Use: Residential, Primarily Single Family I DEVELOPMENT SITE REQUEST I Gary Brewster, Roslyn Park Wesleyan Church is requesting a rezoning of property from R-2, Two Family Residential, to R 3, Multi-family Residential. Currently, half of the church property is zoned R-2, while the oth r half is zoned R-3. A rezoning would allow the entire church property to be zoned consist ntly. The Church has long range plans for expansion and would prefer to rezone the property now to facilitate their plans. Mr. Brewster has also reque ted an alley vacation. Currently, an alley exists which bisects the church property into east a d west segments. A residential neighborhood exists north of the Church. Mr. Brewster was n t successful in presenting a 100% petition from the residents to the north. All parties sharing a interest in the alley welcome the idea of the alley vacation. Many property owners north of th church have begun to utilize the alley area as if it were vacated. � SITE DESCRIPTION HISTORY Hamiltori s Addition to Mec anicsville was platted in 1886 On August 7, 1956 a buildin permit was issued to construct the Roslyn Park Church. On March 15, 1965 a buildin permit was issued to create the Parsonage. I 3 I _ Staff Report ZOA#98-02&SAV#98-02,5300 6"'S eet NE Page 4 The parsonage is on a parcel t at is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner has equested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. e language regarding churches is identical in the two districts. However, staff has taken the s me approach to analyzing this request as if another R-3, Residential ` use were being considered. � Evaluation of the Rezoning Cri�eria Com atibili of the ro osed I se with the proposed district. P tY P P The proposed use of the site is to provide for future expansion of the church and associated parking. I Compatibility of the proposed �listrict with adjacent uses and zoning. The proposed district, R-3, Gene al Multiple Units District is compatible with adjacent uses and zoning. � The use of the sub'ect arcel as t is currentl zoned would not be limited for the intended urpose) by its J P � Y � P ' e o tion. zonmg. However, other idiosyn rasies about two zomng classificahons make rezonmg an attractiv p Compliance of the proposed u e with the proposed district requirements Setbacks The future site plan meets the m nimum requirements of the R-3, General Multiple Unit District requirements, if the alley were v cated and lots consolidated. Drainage The engineering department wil require that the drainage plan meet the requirements of the Six Cities Watershed Management Organi�ation. Storm water will be required to be managed on site and then released into the storm water system loc ted adjacent to the site. Landscaping A future landscape plan would e required. Final landscape plans must meet or exceed the requirements of the C-2 District. Also, the parking lot will requir additional plantings to provide additional screening of the parking lot from the public right-of-way. � Building Materials Code requires that commercial uildings be constructed of masonry units specifically designed as finished exterior surfaces. These materi ls include: brick, rock face block, etc. The future building addition will be of materials to blend with the orig nal architecture of the church. VACATION OF ALLEY The City Council requires t�at a request to vacate an alley be accompanied by a 100% petition of support by the neighborin property owners. This request for a variance was not accompanied with a petition that compli s with the City's requirement. The vacation process had begun with 4 - � Staff Report I ZOA#98-02&SAV#98-02,5300 6"'S�reet NE Page 5 the belief that a 100% was incl ded. The Church did not misrepresent this fact, they said that one owner had been impossible tc� reach, and staff later received numerous duplicate petition forms, and believed that every si ature (including the missing signature) at that point had been submitted. A closer analysis r vealed that this is not the case. All utilities in this area hav been notified of the request to vacate the Alley. Amoco has responded that they do not o ject to the vacation; however, an easement will be required from the church to replace the City e�lsement document for the short stretch where the pipe crossed the alley, near the 53rd Avenue ri�ht-of-way. The church has worked wit an adjacent neighbor to allow a replacement access drive to their garage. The Walker property at 5329 5th Street NE takes access from the alley to their garage. The petitioner has arranged for a alternative access arrangement for that home owner. An easement memorializing this agreeme t will be required to be filed at Anoka County, along with an alternative access easement f�'r access to the utilities in the alley. UPDATE FROM THE AUGL�ST 19,1998 MEETING On August 19, 1998, the Pla 'ng Commission heard negative comments from 2 neighbors to the north. Each neighbor indica ed that they did not want the alley to be vacated because they still depend on the alley for acces . Mr. Stimack, 53315th Street .E. indicated that he had been the "forgotten" property owner in this issue. Mr. Stimach indicated that though he had signed the petition for vacation, he was now not interested in supporting the equest. Mr. Stimach had a curb cut and driveway installed in 1997, as part of the City of Fridley D iveway Program. Prior to that driveway installation, Mr. Stimach's access was the alley only. en Mr. Stimach installed his driveway, Shirley Barton co-owner of the property indicated to the Ci that their plan was to either rebuild,or rework the garage so access would be from 5� Street. S e also indicated that eventually their plan is to build a new house on the property. A very similar series of e ent happened earlier on Third Street. Margarit Reed installed a driveway as part of the Ci program. Once the new curb-cut and driveway were installed, Ms. Reed petitioned for the alley to be vacated. Seeing Mr. Stimach's signa re lead staff to believe his support of an alley vacation was intact. The disposition of the Walk r property at 5329 5� Street was known to staff. Gary Brewster had agreed to conditions with th Walker's to allow alternative access across the church property. I Another unknown that was I revealed at the Planning Commission was the fact that Jesse Sellards, who owns 5367 5� Street, as not interested in the vacation because his tenants have garbage collection from the alley. T e petitioners had indicated that the owner of 5367 5�had been notified 5 Staff Report ZOA#98-02&SAV#98-02, 5300 6"'S�reet NE Page 6 I about the vacation, several tempts had been made to get his signature and that they were awaiting his response. Nume ous attempts resulted in no response from Mr. Sellard's. Staff did believe, however, that whe the numerous duplicate pages of final signatures were submitted, that property was represented by a signature. Obviously, that was not the case. As a result of the revelations at the August 19, 1998, Planning Commission Meeting, staff, met with Church representatives and � Shirley Barton. The purpose was to understand the individual positions better. It appeared rom the discussion with Ms. Barton that she and Mr. Stimach would entertain the idea of a recons ucted garage door (allowing 5� Street Access), relocated shed, and modified asphalt pad for gara e access. The Church offered a solutio that would provide continued access for the 3 property owners. In their proposal the Church as s for a "variance" to the Code Section that requires a 100% petition. In exchange, the church has o fered to provide a paved driveway as an alternative access for those still depending in the alley. Variances to Chapter 205 pically relate to performance standards (i.e. setbacks, height, lot coverage, etc.) The 100% su port petition language does not fit that classification. Therefore, the Commission and Council are ein asked to decide short of a 100% etition, are there, concessions g , P that they would accept in exc ange for allowing the Church portion of the alley to be vacated. Attached, on page 4, of Gary i Brewster's, September 2, 1998 letter, is a list of such concessions the church is willing to provide. From the City' perspective, hat would the benefit of vacating the portion of the alley that dissects the church property be? Th most apparent improvement is that like unimproved driveways the alley is an unimproved surfa e that allows silt and erosion to enter the streets and storm sewers. The church master plan will nclude the regrading of the alley and the establishment of new hard- surfaced areas and landscap d surfaces that will control the quality of the run-off. An additional benefit is tha the homeowners to the north would have an improved surface to access their alley . This surfa e would be installed and maintained by the Church. RECOMMENDATION Staff recommends approval f rezoning request ZOA #98-02, without stipulations. Staff recommends approva of the modified vacation request SAV #98, with the following stipulations: 1. The petitioners recor an easement to allow garage access for the homeowners at 5329 5� Street NE., 5331 5th S eet NE, and 5367 5� Street NE. and any other property owner north who may require alle access. 2. The petitioners recor an easement over the alley to allow access to the utilities. 6 Staff Report ZOA#98-02&SAV#98-02,5300 6"'S eet NE Page 7 3. The petitioners shall r cord a new easement to allow a utility access alternative prior to issuance of the propose church expansion on the west end of the existing church structure. 4. The petitioners shall a ply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall r ord an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5�' Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall no�alter the alley across their property, or in anyway limit access by the adjacent property own rs, until the new access has been completed. 8. The petitioner shall hc�ld harmless the City from any damage or injury that occurs on or over the alley area in �he interim, or beyond the vacation approval and completion of the drive access alternativ� for the residents still wishing to utilize the alley north of the church property. � 9. The petitioner shall pr�vide reasonable seasonal maintenance as necessary to assure access to and from the non-va�cated portion of the alley. 7 . i September•2, 1998 City Planning Commissi n Fridley Municipal Ceuter Fridley, Miiulesota Re: Petitions from Roslyi Park Wesleyan Church 1) To chailge type of oning for a portion of our church property. 2) To request a variai ce for vacating ai1 all�y. To the City Plai�ner, Scot�t IIickok asid his staff, and to the City Planning ConuYiission, we express our thanks fo� the opeil door to present our petitions in a revised form. � Yositional Statcmcnts 1. Pe iti i�to ch��l f z iin �1. Related Co r�e-�onii g: We would request that our petition to change lots 16-21 from R-2 to an R-3 status Ue ►� ceived as originally presented. Li view of whatever else inay be autl�orized by the City fo� our property improvements, thc change in zoning would at least be resolved and pla e all of our property in a co�isistant status. We request that this petitioil be treated as a si�gle petition. � Petition to vacatc an� A. Rclated to vc�catin�the entire alley: We bel�ieve that if the alley were contiinious, or provideci access and e ress as a through alley Uetween 54th and 53rd Avenues, and that al l landowiiers liad equa or similar access, tlien the City�olicy for vacating an alley would understandably b helpful and 100% of the landowner's signatures would be required to vacate such llcy. We would requcst that t e City of Pridley consider a variance to vacating an alley that has not been devcloped to tl rough traffic; has not been maintained by tlie City for tlle section of alley that is open to ti��Ffic; a�1d has not bcei� improved by the City to reduce erosion of soii into the current drai iagc systcros. Therefore, we propose t at only the portion of alley that dissects the church properties be vacated. Bascd ou tl�e ata th�t presents itself, we have prepared information and reqllest tl�at tliis niform�tion be placed into consideration. B. Hohieowner•acces r�eeds: (All tlu•ee of the landowners mentioned here are located on the west side of tl�e Iley). (Lots 24 & 25) We hav homeowners at 5331 Stl� St. with specific access needs to their home aud garage entrat e, that require tlle present�Iley space as a turn around area. To vacate the section of all y adjoini�l�theil°property puts their access in jeopardy. () p.2 Case in point: By vacatin this�ortion of the alley, it would then permit owners across thc alley the opportunity t reclaim one-half of the vacated alley, whicl� would then block the needcd access to tlle g rage. Other variances/casemcnts would then Ue needed with nei�hbor to ncighbor, but it is not our (Cl�urch) intent to pressure those arrangen7ents. � (Lots 22 & 23) We have iother homeowner at 5329 Sth St. with specific need to access their garage from the alle . For the same reasons as stated above, to vacate their section of alley puts theii•access i i jcopardy. Howevcr, this access can Ue accommodatcd by tl�e church providing an acce s - easement driveway fi•om the church property. (Lots 26& 27) We have another homeowner at 5367 Sth St. who also utilizes the alley, not for access to home or garage, but for the setvices of gat•bage picic-up and maintenance access to the back side of tl�eir rental dL�plex. C. Non churcli�orlior of tl�e alley: By leaving the non-church portion of the alley in its present state of locatio i; by leaving the easement agreements between the City and the utility con�panies; and b lcaving all othcr boundaiy easernents/arrangements as they are, wc believe it is botl� prudent and cost effective to all other owners on the block. �gain, we (Church) do n t intcnd to iinpose fn�iancial burden or easement changes in order to acconunodate o r building and property improvements. D. 13asis of our�ro�o al: We have been advised by City Planncrs and by our �ngineers to prepare a �ster Plan for the existuig church propei`ties. We have sougl�it � their counsel regarding d•aiilage requirements, pondi�lg, easemEnts and other City codes. Our proposal now includ s a request to vacate only the portion of alley that dissects the cl�iurch properties, whicl includes five (5) lots, 11 - 15 on the east side of the alley and five (5) lots, 16 -20 on tl e west side of the alley. This request relates to the first phase of property i�nprovcnlents e are presenting to the City of Pridley. Requcst foi•Variancc Our request to the Cily i for a variance to the alley vacation pf•ocess. Since lhe alley is o�zly a paf�tial alley, is u -nzaintained and has not bee�z iml�roved by the City, and does i�ot ser�ve as afz access - gress fo��all of tlze landotivners o�� CI1�e block, we ask for a vcr��iance based o�z Clze fo loiving: 1. The City of Fridley h�s not developed the alley as a through access - egress. ** Even tilough the alley area has been desiguatcd, it has not been developed. ** A curb cut or appr ach has not Ueen provided onto the 54th Ave. positori for such. (flccording to sui eyor's mappivg). We have access - cgress only from 53rd Ave. ** Tlie area that has een open to traffic has aiot been maintained or improved by the City. ** Two property owi ers at the norili end now assume responsibility to mow the grass as au extension of tl�eir back yards. �� ' f) p.3 2. ** The City of Fridley has not maintaii�ed or provided improveiiients to the portion of allcy that is open to traffic. Tl�is portion serves two property owners with access to thcir honlcs aud gar gcs...thcsc Ueing niorc to the middle of the block. The two homcowners ho benefit most froili the alley have personally paid for rock and gravel fill, in an ttempt to slow down erosion of alley sand. The primaiy cost has been incurred by r. Tom Stimack at 5331 Sth St, who has also provided his labor and persoiial expense or snow removal. 3. ** Thc City may not e aware of the ailiount of soil erosion that has occurred and continues to occur. O r topography map indicates that the alley has been cut away between 2-3 feet low r than the side banks and continucs to erode quickly fionl snow � aild ravl run-oi�into t�c City drainage systeilis located on 53rd Ave. The length of this erosion drainage pans ten (10) lots or an approximate area of 4,000 square feet. � (400' iu length and av�rage 10' in width). The erosion problem is in and of itself a � m�jor conceril and co ld be corrected with the proposal being offered by the church. 4. ** Thc church has alieady assumed the costs of sui•veying all of the alley, locating fences and buildings n addition to our own topography needs iii developing a Master Plan for improven�en s. We have conunuuicated with all neighUors in good faith, have shared with them our ideas and asked for their input, keeping their i7eeds in mind. We have ende�vored to be aware of City codes and requirements and to comply with those regulatiou . Tlierefo�<e, lC 1S Otli'jJJ'O osal that only the po��tion of alley that dissects the two church parcels be vacated, aiz that tl�e vacation of the alley aj��ly to lots 11 - 20. We would request that he alley adjoining to lot 21 (Church property) would not be vacated, as it lics dire ly wcst of lot 10 belonging to another landowner. Reasoning would bc consistent wi 11 pagc 2, item C. - Non chuNch portion of the alley. I Ilowever, this portion f the alley that adjoins lot 21 would provide coimection to the remaining non-vacate alley. The proposed access - easement driveway would then extend from Sth street n the west, cross over lot(21) and conuect to the alley at the east end of lot 21, providi zg access-egress for all current users of the alley. This��roposed vacatio of part of tl�e alley would create a need for the following stipulations: � , � p.4 1. That the church provid I an alternate access-easement driveway for all owners who are presently using the alley t access theic property...whether 11ome, garage, or other services. And, that slich n acccss - ease,inent driveway be provided across the entire Icugtll of lot 21 to con�lec directly to the alley needed specifically by these hoineowners: l. 5329 Sth St. - Walker 2. 5331 Sth St. - Stiinacic 3. 5367 Sth St. - Sellards And, that the portion of a ley not vacated and presently used by these homeowners, continue to have sucl� �c ess wilhout chailge of defned botuldaries or other easeiYients so as to insure their continu d access to homes, garages and other services. 2. That the church provi e for all necessary drau�age easements for the alley connection and access - easement dr'veway, thus reducing soil erosion and improving the access - egress surface. The construction of this ccess - easement driveway also lends itself to the future development of addition 1 parking for the church. (Detailed oil the Master Plan of property inlprovenlents.) 3. That tl�ie present City asements located in thc alley adjouling all othcr property ownei•s remaiu in effect for all tl e utilities, and that the proposed vacated area of alley adjoining the church property cont nue to scrve as utility easement, except that the church would then grant the easemeiit. 4. Tliat the clwrch gran and record easement to 5329 Sth St. 1 Debra Walker, for relocation of a tool shed Reasons: a.) The shed pre ently encroaches onto tl�e churcli property as displayed on the topography Zap. b.) The shed wo ld need to be moved anyway to provide adequate turi�/corner space fi•om tl e new access - easement driveway onto the alley. 5. That the churcli reco d au easement to provide Amoco continued rights across the former alley. �j We respectfully suUmit ur requests and will endeavor to speak to other concei7is from tlle members of the Cit Planning Commission. Roslyn Park Wesleyan hurch, Property Improvement ommittee David Johnson, Hai ey Teske, Janet Gri�tll, Nita Fernelius, Gary Brewster /�i PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PA 3 Mr. Hickok stated that for tt�at reason, staff is asking for the NSP address. ach pole has an address and an identifiqr number. NSP is willing to provide a GIS p with all of those points identified so tt�at staff can take the matrix and those id ifiers and be more precise on latitude and lon�itude. Latitude and longitude has a d ree of error. Though it is important because the City will ask for it from other users, t y will not rely entirely on it. The next user will ask for t e NSP address so they know p cisely on which pole the device is going. � Mr. Egerer stated that afte I the last meeting, he di some checking. The surveys they did with GPS were done with � differential which p ces the accuracy within one to five meters. He is happy with �he new language hey have no issues. MOTION by Mr. Kondrick,iseconded b r. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VO NG AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ,4ND HE PUBLIC HEARING CLOSED AT 7:38 P.M. Mr. Kondrick stated it loo as though everything has been taken care of to the satisfaction of the Com i�sion as well as CeIINet. MOTION by Ms. dig, s�conded by Mr. Kuechle, to recommend approval of Zoning Text Amendme , ZTA#98-01, by CeIINet Data Services (MSP), Inc., to allow the location and developm t of Micrqcell facilities within the City of Fridley for the storing, processing, filtering, and orwarding o communication data within the Public Safety and Utility bandwidth censed by th Federal Communication Commission, including any antenna attached o such device, enerally located in the City of Fridley, as amended. UPO A VOICE VOTE, �►LL VOTING AYE, CHAIRPERSON SAVAGE DECLARED TH MOTION CARRIED UNANIMOUSLY. Mr. Hickok stated the Cit�� Council would consider this request on September 14. I 2. PUBLIC HEARIN�p: CONSIDERATION OF REZONING. ZOA#98-02. BY R LYN P K E L Y N RC : To rezone prope from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the c ntiguous Roslyn Park Wesleyan Church property is located within a single zo ing district, generally located at 5300 6th Street N.E. 3. PUBLIC HEARIN .�j'�.• CONSIDERATION OF AN ALLEY VACATION #98-02 BY R LYN To vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, A oka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E and the Southerly line of 54th Avenue N.E. in said Block 15, generally located 1at 5300 6th Street N.E. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 4 Ms. Savage asked that the rezoning request and the alley vacation be considered together. MOTION by Mr. Kondrick, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:40 P.M. Mr. Hickok stated Roslyn Park Wesleyan Church is requesting a rezoning and an alley vacation. Mr. Brewster is requesting a rezoning of a portion of the property from R-2, Two Family Residential, to R-3, Multi-Family Residential. Currently, half of the church property is zoned R-2, and the other half is zoned R-3. Mr. Hickok stated the church properties are located on 53rd Avenue between 5th and 6th Streets. The property to the east along 6th Street is zoned R-2. The property to the west along 5th is zoned R-3. The church has a master plan for eventual expansion. Having finro zoning classifications makes the planning difficult. Mr. Hickok stated Mr. Brewster has also requested an alley vacation. An alley currently exists which bisects the church prope�ty. The Planning Commission considered these requests at their meeting of August 19. Residents who use the alley identified themselves as not being in support of the alley vacation request. The City Council requires a 100% support of the petitioner prior to vacation of an alley. As a result, the Planning Commission tabled the request to this meeting to allow the petitioners time to work through the issues. The petitioner has prepared an alternative solution, and the elements of this solution have been outlined in a letter to the Commission dated September 2, 1998. In this letter, Mr. Brewster requested that both items be considered under the one petition. Mr. Hickok stated staff has reviewed the rezoning request, and the request meets the criteria utilized when considering a rezoning. Therefore, staff recommends approval of the rezoning request, ZOA#98-02, without stipulations. Mr. Hickok stated that regarding the alley, the church is requesting a partial vacation. In lieu of the alley across the church property, the church is prepared to provide at their cost a new hard surface blacktop driveway with curb and gutter, and is prepared to offer a perpetual easement as a solution for those who wish to have the alley continue to their properties to the north. Mr. Hickok stated the request for a variance was made in the letter. This refers to Section 211 which requires that a petitioner of the adjoining properties be included showing full support and allowing 100% vacation of the alley to occur. Unlike Section 205, the Appeals Commission and City Council can grant a variance to the performance standards PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 5 of Section 205. Section 21 is not open to variance; therefore, a variance is not the appropriate mechanism to Ilow further consideration of this vacation. The Commission can recommend a partial v cation for City Council consideration if you feel this is appropriate. Section 211 al ows for the vacation of a portion of the plat provided that all the owners in such a plat join in the execution of such instrument. If the alternative arrangements are suitable r those who utilize the alley and they support the request, the intent of Section 211.10 ha been met. Mr. Hickok stated the propdsal by the church is for the vacation of a portion of the alley that is on their property. T e church is planning two future expansions. The first is to the south and the second to th west. At the time of the second expansion, they will need an accepted parking plan and ill need room where the alley exists now. I Mr. Hickok stated the alter ative being suggested for the neighbors in lieu of the current alley would provide a drive ay entering from 5th Street and extending to the alley. As part of that, the church has indicated they would make this a hard surface drive with curb and gutter, and would provide an adequate turning radius so that anyone using the alley would be able to make tha�turn without complication. Mr. Hickok stated staff was�� able to contact one of the property owners to the north who spoke in opposition. She imdicated she did not have an issue with the alternative as long as the alley functions prop�rly in its alternative form. One of her concerns was that water exists currently in the alley�and hoped that the new access plan would not exacerbate any run off into that area and c�use further problems. As with all projects if this were to move forward, the engineering s�aff would have to approve a drainage plan for that alternative access. He believed this �oncern had been addressed. Mr. Hickok stated that if th� sentiments of the individual are accurate and others who spoke in opposition concu�, staff recommend approval of the request to vacate only the church portion of the alley�nrith the following stipulations: 1. The petitioner shall record an easement to allow garage access for the homeowners at 53 9 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street N.E. and any other property owner north who may require alley access. 2. The petitioner shall record an easement over the alley to allow access to the utilities. � 3. The petitioner shall record a new easement to allow a utility access alternative prior to issuance o I the proposed church expansion on the west end of the existing church structure. I PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 6 4. The petitioner shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall provide the improved asphalt or concrete access to 5th Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in any way limit access by the adjacent property owners, until the new access has been completed. 8. The petitioner shall hold harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated portion of the alley. Ms. Modig asked, when the church makes the access across the church property to the alley, will that turn allow access for emergency vehicles, such as a fire truck, etc. Mr. Hickok stated the proposal is to provide access for radius tum movement for vehicles with trailers, such as a vehicle pulling a boat trailer, and also a radius to accommodate an emergency vehicle would have to be approved by staff prior to implementation. Staff would make certain that emergency vehicles, utility trucks, etc., could use that turn. Mr. Brewster stated several members of the property improvement committee were also with him at the meeting, Mr. Harvey Teske and Mr. David Johnson, along with a surveyor/engineer from Ulteig, Mr. Keith Graham. He thanked staff for their extra work and for letting them come back with a revised plan. The term Mr. Hickok has used is a modified approach to vacate the alley. The premise of their coming with a revision is that the alley which has not served 100% of the residents who have property adjoining the alley and that it has not been a maintained alley. The alley has not been maintained and is subject to a tremendous amount of erosion. They would like to help remedy that and to continue to provide an access for those neighbors without impeding them by bringing in property lines, changing them, etc. It is their desire to bring that part of their petition as a modification to the code. Mr. Graham may be able to speak to the question about the turning radius for the access. They would be providing an access to the existing alleyway that is not vacated. � PLANNING COMMISSIO(� MEETING, SEPTEMBER 5, 1995 PAGE 7 Ms. Savage asked if the p�titioner knew if anyone was in opposition to the revised proposal. j Mr. Brewster stated they w re not aware of anyone. They visited and contacted those who were involved in the c ange of that. Mr. Hickok came out, did a site view and went through the property. The neighbors were there to visit about that. In their visits or in their correspondence, the have not had any indication that this proposal would have any opposition. I Ms. Modig asked if the pet�tioner had any problems with the stipulations. Mr. Brewster stated he did�have a question about the last stipulation regarding maintenance. They would� provide maintenance as far as seasonal access is concerned. They would not directly b� using that drive themselves especially in the winter but understand that it would n�ed to be accessible for those who would be using it. The alley itself is primarily maintain d in the winter by Mr. Stimack. They have participated in a cost share but it has been prim�rily his responsibility. Ms. Modig stated she und�rstood he took that on in order to have access to his garage. In order to have access, tthat easement still must be available. She asked the petitioner if they were questioning wh�t maintenance must be done. Mr. Brewster stated, yes. Mr. Sielaff asked what wa� done before for the other access. Mr. Hickok stated it soun�s like it was a shared responsibility and the owners shared responsibility to shovel s they could get in. Mr. Brewster's responsibility is to keep the access available for the ndeighbors. Mr. Brewster stated that i what he understood. For those who use the alley, that is something they would ha e to work out themselves. The Stimack's have another access with their own driveway. or the lady that is next to them, this is her only access. Mr. Sielaff asked if there �eeds to be a stipulation that the maintenance is a shared responsibility. I Mr. Brewster stated they�nrould provide the driveway for access. The other mechanics would be something to b� worked out. I Mr. Sielaff stated that as�ong as it is maintained, he does not care. Ms. Modig stated this ha the potential for being a real problem. It is not clear unless we have an indication about who will plow the driveway and maintain it in the wintertime. PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 8 Mr. Brewster stated the way they see it is they are responsible for clearing the access. He would like to seek a cooperative way of doing that, probably a cost share. Ms. Savage asked the petitioner, in the event they were not able to do that, would you take on that responsibility. Mr. Brewster stated, yes, especially of the vacated alley. The access would be additional for them to assume. Ms. Modig stated she felt this needed to be more specific. Mr. Hickok stated they are asking for reasonable seasonal maintenance. If that means a shared agreement, then so be it. Ms. Savage stated she believed the petitioner has indicated he understands and is willing to accept the responsibility if need be and is willing to work something out. Mr. Kondrick asked if it was correct that people would be able to get from the church parking lot going north. Mr. Hickok stated, yes, there would be a connection to the alley. Mr. Brewster stated, by doing this, it enables their future plans for the expanded parking. It not only gives immediate access for the residents but sets it up for future expansion. Mr. Oquist asked if this would be suf#iciently marked so that people attending church services and/or activities do not park in that alley area and block the entrance. Mr. Hickok stated that was an excellent point. He believed the design for this would be done in a way that the north curb becomes the permanent concrete curb and gutter for the future drive aisle for the parking lot. He understands they will have an asphalt curb which would then be taken out at the time of the parking lot expansion. He understands that this is a short-term solution to provide drainage until the parking lot is completed. Mr. Oquist stated there is a type of concrete curbing that is not a whole curb but still allows for drainage. He also does not want to block the alley for emergency vehicles. Mr. Hickok stated this could be stipulation #10. Mr. Graham stated he was the surveyor for the project. There is a 16-foot turning radius on the curb. This is fine for automobile traffic but it is tight for emergency vehicles such as fire trucks. There is room for a 22-foot radius coming off the easement to the alley to the north. They would work with the engineering department to, if necessary, reloeate that - - - - � � � � � PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 9 easement a bit to accommoldate the necessary turning radius. They wouid have to talk to the traffic engineers becauslle this depends on the type of vehicles expected in that area. Mr. Oquist stated he thoughjt that should be another stipulation. Mr. Kuechle asked Mr. Grat�am if there were parking spaces blocked out along the side of the access drive. Mr. Graham stated there ar� parking stalls and a drainage pond to the south. They will stretch the easement out t the alley. Rather than a turning radius, he would prefer to see the south line extende all the way to the alley so there will be room for snow removal and snow storage. If they �an box that out rather than putting in a specific radius, that allows room. The civil engi�eer would have to make the decision along with City staff as exactly how best to handle� he run off coming from the alley. Ms. Modig asked if that is �'omething that is automatically done or would that require a stipulation. Mr. Hickok state stipulationl#6 covers that in that the staff would need to approve the plan. Ms. Modig stated she is cojncerned about the neighbors that were at the last meeting. Did staff hear from them ar�d does staff know that there is no problem with this proposal? Mr. Hickok stated he talke� with Ms. Barton who is a co-owner of the property with Mr. Stimack. She stated she ould be talking to Mr. Stimack. She did not have any concerns other than to ma e certain that this was engineered prope�ly. If Mr. Stimack had additional concerns, s e would have him call. Staff did not hear from him. As to the other property owner that poke, he was concerned about the garbage pick up in the alley and being able to get in arid out. Mr. Hickok was unable to contact him. Mr. Kondrick stated that if�hey can assure the turning radius, that problem is solved. Mr. Sielaff asked if they w�re notified a second time of this public hearing. Mr. Hickok stated, no. Th�y attended the last meeting and were made aware at that time of this meeting. I I Ms. Modig asked if they h�d the signatures needed in order to do this right. Mr. Hickok stated that altHough they do not have the signatures for 100% vacation north to south, according to Se tion 211, the property owners that abut are supporting it. According to the other o ners, he has heard verbal support from one property owner. It does make it difficult. Th� City staff, Commission and City Council would be most I - PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 10 comfortable with a written confirmation. As long as they are okay with the alternative, he thought that would be the equivalent of 100°/a support. Ms. Savage stated it is clear that they did know about the meeting and had an opportunity to write or call. Mr. Brewster stated that after the last public hearing and hearing the response from the neighbors, they addressed a letter to them and discussed this with those concerned. That is why they have an agreement to go ahead with the modification. They took steps to find a reconciliation. Mr. Stimack stated he has no conflicts with this issue as long as the turning radius is provided and it does not interfere with the drainage. That should be it. MOTI N by Mr. Kondrick, seconded by Mr. Oquist, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:12 P.M. Mr. Kuechle stated he thought they had resolved the issues that were contested. He would recommend approval of both the rezoning and the vacation request. Mr. Oquist stated he would amend the stipulations. Mr. Kondrick asked if they should say something about marking the alleyway. Mr. Oquist stated he thought that should be one of the stipulations that the new alleyway be sufficiently labeled to prevent parking in that area. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to recommend approval of a Rezoning, ZOA#98-02, by Roslyn Park Wesleyan Church, to rezone property from R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the contiguous Roslyn Park Wesleyan Church property is located within a single zoning district, generally located at 5300 6th Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. M TION by Mr. Oquist, seconded by Mr. Kondrick, to recommend approval of an Alley Vacation, SAV #98-02, by Roslyn Park Wesleyan Park Church, to vacate all that part of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anoka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. and the Southerly line of 54th Avenue N.E. in said Block 15, generally located at 5300 6th Street N.E., with the following stipulations: � ' . PLANNING COMMISSIO MEETING, SEPTEMBER 5, 1995 PAGE 11 1. The petitioner shall ecord an easement to allow garage access for the homeowners at 532 5th Street N.E., 5331 - 5th Street N.E., and 5367 - 5th Street N.E. and any other�roperty owner north who may require alley access. 2. The petitioner shall �ecord an easement over the alley to allow access to the utilities. 3. The petitioner shall ecord a new easement to allow a utility access alternative prior to issuance of he proposed church expansion on the west end of the existing church structure. 4. The petitioner shall lapply for and receive a special use permit prior to expansion of their church facility.i 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. I 6. The petitioner shall Iprovide the improved asphalt or concrete access to 5th Street in accordance with �a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall not alter the alley across their property, or in any way limit access by the adja�ent property owners, until the new access has been completed. I 8. The petitioner shalll hold harmless the City from any damage or injury that occurs on or over the alle area in the interim, or beyond the vacation approval and completion of the drive access alternative for the residents still wishing to utilize the alley north of the c urch property. . 9. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to and from the non-vacated po�tion of the alley. 10. The petitioner shal receive approval for the turning radius which is to be adequate to handle emergen y vehicles. 11. The alley shall be �ufficiently labeled to prevent the entrance from being blocked. UPON A VOICE VOTE, LL VOTING AYE, CHAIRPERSON DECLARED THE MOTION CARRIED UNA IMOUSLY. Mr. Hickok stated the Ci Council would consider this request on September 14. - • � . PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 12 4. BLI HEARING: CON IDERATI N OF A PE IAL SE PE MIT SP - 1 BY LO CK AS O IATE INC. N BEHALF F PRINT PECTR M: To onstruct a wireless telecommunications tower as defined in Section 205.29.2 of th Fridley City Code, pursuant Section 205.29.5C in an M-2, Heavy Industrial Zonin District. Ms. Savage sta ed the request for a special use permit, SP #98-15, had been withdrawn. 5. PUBLI H RIN : N IDERATI N F Z NIN TEXT AMENDMENT ZTA 9 - 2 BY � E ITY F RIDLEY: To create a n w zoning district for industrial lot below one and a half acres in size, with special atte`tition in the Onaway Addition located north of 79th Avenue, east of the Burlington No�thern Railroad tracks, west of University Avenue, and south of 85th Avenue. MOTION by Mr. Kondrick, s onded by Mr. Kuechle, to waive the reading of the public hearing notice and to open th ublic hearing. UPON A VOICE VOTE, ALL VO ING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND TH PUBLIC HEARING OPEN AT 8:15 P.M. Ms. Dacy stated the zoning text amen ent, ZTA#98-02, is being requested by the City of Fridley. The purpose of the zoning te amendment is to create a new zoning district in the Onaway Addition and, secondly, staff i asking the Planning Commission to evaluate a smaller minimum size requirement from 6 330 square feet to 62,000 square feet in the M-2, Heavy Industrial, district. Ms. Dacy stated the Onaway Addition is located i the northern part of the City with 77th Avenue along the south boundary, Main Street to th east, 79th Way on the north, and the railroad tracks to the west. Ms. Dacy stated the background of why this request is bei brought to the Planning Commission's attention is that over the last two or three mo s the City has become aware of the small lot areas in this subdivision. The Onaway 'vision was originally subdivided in 1911 and was originally intended for a residential velopment. However, that area when it was incorporated into the City of Fridley in 1958 s zoned industrial and planned for industrial since that time. Staff went back and Iooke at the code from 1958. At that time, there was not a minimum lot size requirement for d elopment in industrial areas, and a minimum lot area did not appear in the zoning req ' ements until the 1960's. In the Onaway district, most of the building took place in the 19 's and 1970's. In 1973, the code had an exception phrase. For the M-2, the minimu ot size was 1.5 acres except for lots subdivided in a plat prior to the effective date of that de. PLANNING COMMISSION IMEETING, SEPTEMBER 5, 1995 PAGE 10 UPON A VOICE VOTE, AL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED A�ID THE PUBLIC HEARING CLOSED AT 8:28 P.M. MOTION by Mr. Kuechle, s conded by Mr. Sielaff, to table Zoning Text Amendment, ZTA #98-01, by CeIINet Data Se ices, Inc., to the next Planning Commission meeting so that the petitioner can provide s me additional information, and additionally city staff can look into it and see what they ca negotiate for a satisfactory resolution to section 7.5, A, (3) pertaining to the site engin ering plans. UPON A VOICE VOTE, A IL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED U�NANIMOUSLY. Ms. Savage stated she undlerstands that the Planning Commission is in favor of the text amendment changes but wlant to clear this one area of dispute. 2. P BLI H IN :� N ID A R NIN - 02 BY LYN P RK W L YAN H R H: To rezone property rom R-2, Two Family Units, to R-3, Multi-Family Residential, so that all of the co tiguous Roslyn Park Wesleyan Church property is located within a single zoni g district, generally located at 5300 6th Street N.E. 3. P LI E RIN 'I N D RATI N F VA A I N E AV - 02 BY YN P W L Y N To vacate all that p�rt of the alley in Block 15, Hamilton's Addition to Mechanicsville, Anqka County, Minnesota, which lies between the Northerly line of 53rd Avenue N.E. nd the Southerfy line of 54th Avenue N.E. in said Block 15, generally located a�5300 6th Street N.E. MOTION by Mr. Saba, sedonded by Mr. Kuechle, to waive the reading of the public hearing notice and to operi the public hearing. UPON A VOICE VOTE, A L VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ND THE PUBLIC HEARING OPEN AT 8:30 P.M. Mr. Hickok stated Mr. Bre ster of the Roslyn Park Wesleyan Church is requesting a rezoning and an alley vac tion for their property that is generally located at 5300 6th Street. The church is loc ted on 53rd Avenue between 5th Street and 6th Street. The property on which the chu ch sits is zoned R-2, Two Family Residential. The church itself is located to the no�th an east area of the site and parking is to the south. The church owns property to the west side of the alley which is zoned R-3, Multi-Family Residential. On this parcel is located � parish house to the south and another home and garage located to the north. Ultirrj�ately, the church would like to develop on both sides of the alley and they see this aslone contiguous master plan. The rezoning and alley vacation are part of their master pl�n for growth. Mr. Hickok stated that no�th of the church-owned property are a series of single family homes that face 5th and �th Streets with an alley that exists behind the homes. Mr. Hickok stated that as Ipart of the church master plan, the petitioner is looking at finro expansions of the church The church would first be expanded to the south with a second addition planned to the w st. The footprint of the building relates directly to the required PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 11 amount of parking that is necessary. The proposed expansion to the west wouid extend over the alleyway. Additional parking and ponding would be required to accommodate the additional seats that would be housed in the new building. Future parking is proposed across the alley to the west along with a ponding area. Mr. Hickok stated that as part of the alley vacation and with one garage that takes access off the alley, the church had to consider alternatives for bringing access to that home. They have indicated that they will prepare and file an access easement agreement that will allow access to the lot to the north. With the alley vacated, this would also allow access to the utilities to the north. The alley contains the upright utility poles, and those parties with a utility interest have been notified. Staff have not heard from any of the vendors who have utilities in this area. In the recommendation, staff has asked the church to reserve an easement to allow continued access into this area. The church would recognize that, at this time, the alley being vacated would provide the ability for utility folks to get into the site and would dedicate an easement. As the site develops, they may have to move poles and redefine the easement line. Mr. Hickok stated that with the rezoning, staff analyzed the surrounding uses and the compatibility issues. This area is a mix of R-3, R-2, and some R-1 to the east. This could have gone either way. The language in the R-2 and R-3 is the same as it relates to the church. The recommendation is to rezone the church parcel to R-3, have contiguous R-3 property, and use the standards of the R-3 rather than have finro zoning districts. As the site develops, staff recommend the lot be joined for tax purposes. Mr. Hickok stated staff recommends approval of rezoning request, ZOA#98-02, without stipulations. Staff recommends approval of the vacation request, SAV#98-02, with the following stipulations: 1. The petitioners record an easement to allow garage access for the homeowners at 5329 5th Street N.E. 2. The petitioners record an easement over the alley to allow access to the utilities until a new easement is defined as necessary for utility access until the church expansion occurs. 3. The petitioners shall record a new easement to allow a utility access alternative prior to issuance of the proposed church expansion on the west end of the existing church structure. 4. The petitioners shall apply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall record an easement to provide Amoco continued rights across the former alley. . Mr. Hickok stated Amoco has an easement across the southern edge of the property. As we vacate our portion of that interest, there needs to be a new easement applied to the now church property that would allow the Amoco pipeline to continue to be in this area. PLANNING COMMISSION�MEETING, SEPTEMBER 5, 1995 PAGE 12 Mr. Brewster stated the alle�r is not maintained and is not used by all the property owners on the block. Their propos�l is that the entire alley be vacated. Their petition includes the entire block, and they obtair�ed signatures for that. Ms. Savage asked the petitioner if there were any problems with the stipulations. Mr. Brewster stated, no. Tl�eir engineering firm has corresponded with the utility companies and Amoco, an�f would comply with the easement requirements. Mr. Kuechle stated the peti�ioner indicated that the alley is not used. He asked if the alley was used by the people on�the south side. Mr. Brewster stated the ch�rch property is located at the south end. On the north end, there are neighbors who u$e the alley but it is not maintained. Where the alley is used, they maintain it ourselves. � Mr. Kuechle stated if the o I ly resident that needs access off the alley was the one that the stipulation is for. � Mr. Brewster stated, yes. �fhey have a garage that is used for tools, lawn mowers, etc., but they do not need acce�s. The neighbor who would uses the alley has put in their own driveway to 5th Street but�till has access through the alley as well. Ms. Modig asked if there v�ere any complaints or objections from the neighborhood. Mr. Brewster stated they ave had questions but have not received any objections to their petition. I Ms. Modig asked if staff h�d received any comments. Mr. Hickok stated, na � Mr. Stimack stated he liv s at 5331 5th Street and seems to be the forgotten property owner here. It has been tated this is not a maintained alley but it has been. He bought the property seven years go. The day of the Halloween snowstorm was his closing day. This alley was the only w�y to his house, and he could not get in. He did not get help from the City although he made a number of requests for plowing. The neighbors came out and plowed as far as �329 5th Street, and left an 18-foot pile of snow which really blocked him out. With co tinuous talks with the City all the way from the truck drivers to the Mayor, he has not go�ten any help. He himself has maintained the alley for the last seven years. He has takQn money out of his own pocket to have stabilizer put on the alley, has filled holes an ruts, and has been up at 5 a.m. in the winter to maintain access out to the street which h shoveled by hand for the first six years. Mr. Stimack stated the p eacher that was at the church before Mr. Brewster took over would plow the end of th alley for him to the existing garage that is part of the church property. When Mr. Bre�fvster took over, he agreed to clear drifts at the very end of the alley after the plow went by. Many times, he has shoveled that alleyway all the way to 53rd. He did not see wh he was on the list for the petition. The alley has been his sole PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 13 entry. His garage enters off the alley behind the 5329 property. That has been his only access for the first 6 years he has lived here. As he stated, he has maintained the alley and has done the snow removal. � Mr. Stimack stated last year he got off street access. He got some help from the city when it was their plan to hire a contractor to get the alleys paved. He contacted other contractors but this was the cheapest. He did get a driveway installed for off street access from the front of his house. The fact remains that his garage door faces the alley so he would have to drive befinreen his house and garage into the alley and turn around to enter his garage. This is not feasible but he can do it if need be. The alley is still his main access to the garage. He is opposed to the alley vacation. Mr. Stimack stated, regarding his name on the petition for the alley, when Mr. Brewster came around looking for names, he told Mr. Stimack this was not the petition itself but just a preliminary thing to get it into the city to be heard. As he looks at it, he now realizes this is the petition. He is requesting that his and Ms. Barton's name be removed from the vacation for the alley due to the circumstances described. Mr. Stimack stated he has spoken with Mr. Brewster on several occasions informing him if the alley is closed he would not have enough room to get in there. In order to have permanent off street access, he would have to do some renovation. The garage door would have to be moved to the other side. An existing shed would have be moved with another foundation put in for it. He would need additional pavement because the existing pavement does not go all the way to the garage. Mr. Stimack stated for the past seven years he has maintained the alley. This is set up so that the church can get access to their garage but it would block him out with no justification about what will be done for him. He feels like the forgotten person at the end of the alley. Under these circumstances, he requests his name be removed from the petitioner to vacate the alley. Unless they can renegotiate some issues, he is opposed. These may be minor issues but none have been resolved. Ms. Savage asked if staff had any comments. Mr. Hickok stated he was surprised after seeing the petition signed by all of the property owners. Knowing that Mr. Stimack had a driveway put in, staff did not understand that a problem existed. This does present a problem. Ms. Modig asked what it would take to resolve this issue for Mr. Stimack. What are the issues that he needs to have addressed? Mr. Stimack stated this would require renovation of his garage so he can come off the street into his garage without having to go through the alley. He would need a door put on the other side of the garage. He also has a shed that would have to be moved with a new foundation, and the paving issue because it is not tarred all the way to the garage. Mr. Sielaff asked the location of the driveway. Mr. Stimack stated the driveway goes along the north side of the lot toward the garage. It is wide enough so, if the shed was moved, it could match up to the garage if the doors were moved. . PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 14 Mr. Kuechle asked why he ut the driveway in the front. Mr. Stimack stated he need d off street parking and that was the only way to obtain it. Ms. Modig asked if there is driveway cut in the front. Mr. Stimack stated, yes, th re is a curb cut. Ms. Modig asked that using that cut and if he turned the garage around, would it go straight into the garage? Mr. Stimack stated, yes, wit additional pavement and moving the shed. Mr. Sielaff stated he unders ood Mr. Stimack received a loan from the City to do that. Mr. Stimack stated, yes. T ey had been looking at paving and found the going rate to be $2.65/square foot. The Cit had a contractor with a low rate and with a low interest loan9 so he decided to go ahead or financial reasons. Unfortunately, the contractor did poor work. If he would have kno n that, he would have hired a better contractor. That issue also needs to be resolved. Ms. Savage asked staff if t ere is anything further the City can do with this problem. Mr. Hickok stated this is wh the City Council does not like to be in this position. That is why a 100% petition is so i portant. At this point, it puts everyone in a difficult position. He believes it is an issue b tween the petitioner and the individual. If the petitioner wants to vacate the alley, the City wants people to have access to their property. Ms. Modig stated it sounds like there is nothing the Planning Commission can do because there is not a 100 o petition. Mr. Hickok stated this is co rect. With Mr. Stimack taking access from the alley, they would be hard pressed to ake a decision without further discussion. Mr. Sellards stated he is M . Stimack's neighbor at 5365 and 5357 5th Street. He currently lives in Cottage G ove, and this is now rental property. He lived here before moving. There is access t his property, and that is where the alley ends. Mr. Stimack's house is at the back of the Iley so he cannot maneuver. With the driveway, it was the only thing he could do for o street parking. Mr. Sellards stated he did ot sign the petition. He opposes the alley vacation because he likes having the access rom the alley. His property is a rental property, and the trash service is in the alley and i picked up in the alley. That works nicely because it keeps the property cleaner. Sinc he is not there everyday to see what is going on, this is not seen on the street. There re other times that, when he does go out there to work, he will go through the alley do wh tever work he must do. He did not sign the petition and he likes having access throug the alley. He also has maintained�the alley by mowing the grass. ' Mr. Brewster stated it was is understanding when presenting the petition regarding �I�o Sellers as the owner and t e tenants that are at the property, they could not get a - - - . PLANNING COMMISSION MEETING, SEPTEMBER 5, 1995 PAGE 15 response so they brought the petition with that understanding. They talked with Mr. Stimack and Ms. Barton about various ways they might be able to work out something with them. They are willing to revisit this to comply or make other plans. Ms. Modig stated the easement is for the entire alley. The difficulty lies at the other end. Is it possible to vacate only half of the alley? Mr. Hickok stated the City Council has taken a strong position to not do that. It presents problems. He knows of several situations where this has happened in the past. There are problems because people will drive into others back yards. The City Council has taken a firm position, and that is why they need to know that it is supported. He believed this has too many issues to move forward. MOTION by Mr. Kuechle, seconded by Ms. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 9:00 P.M. Ms. Modig stated she saw no choice but to table this until the issues are resolved. Mr. Hickok stated the deadline is September 15. This could come back at the Planning Commission meeting on September 2. Mr. Kuechle stated that if they table the issue, the petitioner could choose to withdraw the request and take their chances with the City Council. With the residents along the alley being against the request, the City Council in all probability will not vacate. They almost have to try to get it worked out. He would be in favor of tabling the request to give them a chance to work it out and try to change their strategy in the next few weeks. Mr. Hickok stated that if the Planning Commission denied the request, the petitioner could reapply for the alley vacation and represent their case. Mr. Sielaff stated he would be willing to give them an opportunity to try to work something out in the next few weeks. Ms. Savage stated that if the request is tabled, staff could let the Commission know if there is no resolution and can remove it from the agenda. MOTION by Ms. Modig, seconded by Mr. Sielaff, to table consideration of the Alley Vacation, SAV#98-02, until the September 2 Planning Commission meeting to allow the parties to resolve the issues. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Ms. Modig, seconded by Mr. Kuechle, to table consideration of the rezoning request, ZOA#98-02, to the next Planning Commission meeting on September 2. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. CITY OF FRIDLEY PROJECT SUMMARY ALLEY VACATION R QUEST BY ROSLYN PARK WESLEYAN CHURCH " A enda Item: ',� A licant: Gar Brewster Case Number: SAU#98-02 A '" licatiori Date; Jul 17, 1998 Staff Reviewer: Scott J. Hic�Cok ' Meeting Date: September 2, 1998 Pian. Se tember 14,1998 cc � � a� City Manager Authorization: `;��'�' ' 6t�Day Date: September 15;1998 DESCRIPTION OF REQ EST Gary Brewster, Roslyn Par Wesleyan Church originally requested an alley vacation for the entire alley from 53rd A e. N.E. to 54� Ave. N.E. Mr. Brewster was not successful in presenting a 100% petiti n from the residents to the north. A revised plan was then presented by the Church r questing a vacation of only that portion of the alley that bisects the Church property. he revised request includes a commitment to providing an improved access alternati e for those neighbors still desiring to use the alley. SUMMARY OF ISSUES: � The access alternative w'll create a hard-surfaced drive into that alley and is consistent with other City efforts t provide hard-surfaced driveways and eliminate erosion and other negative side effect of unimproved drive surfaces. Once the alley is vacate the church will resume their master planning efforts for future church expansion. PLANNING COMMISS ON RECOMMENDATION: The Planning Commissio recommended approval of the modified vacation request with stipulations (see report). RECOMMENDED ACT ON: Staff recommends that the City Council concur with the Planning Commission's recommendation and ad pt the attached resolution. 17.01 1 Staff Report SAV#98-02,5300 6`''Street NE Page 2 Petition For: The petitior�er has also requested an alley vacation. Currently, an alley exists which bisec s the church property into east and west segments. A residential neighborho d exists north of the Church. The petitioner was not successful in presenting 100% petition from the residents to the north. Location of Property: 5315 5�Stree N.E. and 5300 6th Street N.E. Legal Descript. of Property: Lots 11-21, B ock 15, Hamiltori s Addition to Mechanicsville I Lot Size: 60,131.2 s.f., .38 acres Topography: Relatively fl t Existing Vegetation: Urban Land�cape Existing � Zoning/ j Platting: R-3, Genera Multiple Unit/ R-2, Two Family Unit Availability of Municipal I Utilities: Utilities av ilable Vehicular Access: 53rd Aven e N.E. and 6�Street. Pedestrian Access: NA I Engineering Issues: A U.G. A oco Pipeline easement exist on site, adjacent to 53rd Avenue N.E. A new ease ent will also be required to allow access to overhead electrical and cable lines hat are located in,and accessible through the alley. Comprehensive Planning Issues: Th zoning and use of this land are consistent with the Comprehensive Pla . � 17�02 Staff Report i SAV#98-02,5300 6`h Street NE � Page 3 I I Public Hearing I Comments: To be aken Site Planning Issues: I ADJACENT SITES I NORTH: Zoning: R-1,Singl Family Land Use: 1 and 2 Family Residential R-2,Two amily EAST: Zoning: R-2, Two F mily Land Use: 1 and 2 Family Residential I SOUTH: Zoning: City of Co umbia Heights Land Use: Residential (single and multiple) I WEST: Zoning: R-3, Multi Family Residenti Land Use: Residential, Primarily Single Family j DEVELOPMENT SITE I REQUEST Gary Brewster, Roslyn Park Wesleyan Church is requesting an alley vacation. Currently, an alley exists which bisects t e church property into east and west segments. A residential neighborhood exists north o the Church. Mr. Brewster was not successful in presenting a 100% petition from the residents t the north. All parties sharing an interest in the alley welcome the idea of the alley vacation. any property owners north of the church have begun to utilize the alley area as if it were vacat d by placing fences in the alley. The Church has long range lans for expansion and would prefer to rezone the property now to facilitate their plans. SITE DESCRIPTION HIST RY Hamiltori s Addition to Me hanicsville was platted in 1886 On August 7, 1956 a buildi permit was issued to construct the Roslyn Park Church. On March 15, 1965 a buildi g permit was issued to create the Parsonage. The parsonage is on a parce that is zoned R-3. The Church is on a parcel that is zoned R-2. As a result, the petitioner h s requested a rezoning of the R-2 property to R-3. Both districts allow churches as a special use. The language regarding churches is identical in the two districts. if nother R-3 Residential However, staff has taken t same approach to analyzing this request as a , use were being considered.� 17303 Staff Report I SAV#98-02,5300 6t''Street NE i Page 4 I VACATION OF ALLEY I The City Council requires th t a request to vacate an alley be accompanied by a 100% petition of support by the neighboring roperty owners. This request for a vacation was not accompanied with a petition that complies with the City's requirement. The vacation process had begun with the belief that a 100% was inc uded. The Church did not misrepresent this fact, they said that one owner had been impossible tp reach, and staff later received numerous duplicate petition forms, and believed that every si ature (including the missing signature) at that point had been submitted. A closer analysis evealed that this is not the case. All utilities in this area ha e been notified of the request to vacate the Alley. Amoco has responded that they do not o ject to the vacation; however, an easement will be required from the church to replace the City e sement document for the short stretch where the pipe crossed the alley, near the 53rd Avenue r'ght-of-way. The church has worked wit an adjacent neighbor to allow a replacement access drive to their garage. The Walker proper at 5329 5th Street NE takes access from the alley to their garage. The petitioner has arranged for a alternative access arrangement for that home owner. An easement memorializing this agreem nt will be required to be filed at Anoka County, along with an alternative access easement f r access to the utilities in the alley. UPDATE FROM THE AUG ST 19,1998 MEETING On August 19, 1998, the Pla ing Commission heard negative comments from 2 neighbors to the h lle to be vacated because the still north. Each neighbor indic ted that they did not want t e a y y depend on the alley for acce s. Mr. Stimack, 5331 5th Street .E. indicated that he had been the "forgotten" property owner in this issue. Mr. Stimach indicate that though he had signed the petition for vacation, he was now not interested in supporting the request. Mr. Stimach had a curb cut and driveway installed in 1997, as part of the City of Fridley riveway Program. Prior to that driveway installation, Mr. Stimach's access was the alley only. en Mr. Stimach installed his driveway, Shirley Barton co-owner of the property indicated to the Ci y that their plan was to either rebuild, or rework the garage so access would be from 5� Street. S e also indicated that eventually their plan is to build a new house on the property. A very similar series of e ent happened earlier on Third Street. Margarit Reed installed a driveway as part of the Cit program. Once the new curb-cut and driveway were installed, Ms. Reed petitioned for the alle to be vacated. Seeing Mr. Stimach's signa re lead staff to believe his support of an alley vacation was intact. The disposition of the Wal er property at 5329 5� Street was known to staff. Gary Brewster had agreed to conditions with t e Walker's to allow alternative access across the church property. I 17,�4 Staff Report SAV#98-02,5300 6"'Street NE Page 5 I Another unknown that was r vealed at the Planning Commission was the fact that Jesse Sellards, who owns 5367 5� Street, w s not interested in the vacation because his tenants have garbage collection from the alley. The etitioners had indicated that the owner of 5367 5�had been notified about the vacation, several ttempts had been made to get his signature and'that they were awaiting his response. Num rous attempts resulted in no response from Mr. Sellard's. Staff did believe, however, that whe the numerous duplicate pages of final signatures were submitted, that property was represente by a signature. Obviously, that was not the case. As a result of the revelations t the August 19, 1998, Planning Commission Meeting, staff, met with Church representatives and Shirley Barton. The purpose was to understand the individual positions better. It appeared rom the discussion with Ms. Barton that she and Mr. Stimach would entertain the idea of a recons ucted garage door (allowing 5� Street Access), relocated shed, and modified asphalt pad for gar ge access. The Church offered a solutio that would provide continued access for the 3 property owners. In their proposal the Church as s for a "variance" to the Code Section that requires a 100% petition. In exchange, the church has ffered to provide a paved driveway as an alternative access for those still depending in the alley. Variances to Chapter 205 pically relate to performance standards (i.e. setbacks, height, lot coverage, etc.) The 100% su port petition language does not fit that classification. Therefore, the Commission and Council ar being asked to decide, short of a 100% petition, are there, concessions that they would accept in ex hange for allowing the Church portion of the alley to be vacated. Attached, on page 4, of Gar Brewster's, September 2, 1998 letter, is a list of such concessions the church is willing to provide. From the City' perspective, hat would the benefit of vacating the portion of the alley that dissects the church property be? T e most apparent improvement is that like unimproved driveways the alley is an unimproved surf ce that allows silt and erosion to enter the streets and storm sewers. n will include the re- adin of the alle and the establishment of new hard- The church master pla gr g y � surfaced areas and landscap d surfaces that will control the quality of the run-off. � An additional benefit is th t the homeowners to the north would have an improved surface to access their alley . This surf ce would be installed and maintained by the Church. PLANNING COMMISSI RECOMMENDATION The Planning Commissio recommended approval of vacation request SAV #98, with the following stipulations: 1. The petitioners reco d an easement to allow garage access for the homeowners at 5329 5� Street NE., 5331 5th treet NE, and 5367 5th Street NE. and any other property owner north 17�5 Staff Report SAV#98-02,5300 6"'Street NE Page 6 who may require alley access. 2. The petitioners record n easement over the alley to allow access to the utilities. 3. The petitioners shall ecord a new easement to allow a utility access alternative prior to issuance of the propos d church expansion on the west end of the existing church structure. 4. The petitioners shall a ply for and receive a special use permit prior to expansion of their church facility. 5. The petitioner shall r cord an easement to provide Amoco continued rights across the former alley. 6. The petitioner shall rovide the improved asphalt or concrete access to 5� Street in accordance with a pla to be subrnitted and approved by the City prior to installation. 7. The petitioner shall n t alter the alley across their property, or in anyway limit access by the adjacent property ow ers, until the new access has been completed. 8. The petitioner shall ld harmless the City from any damage or injury that occurs on or over the alley area in the interim, or beyond the vacation approval and completion of the drive access alternati e for the residents still wishing to utilize the alley north of the church property. 9. The petitioner shall p ovide reasonable seasonal maintenance as necessary to assure access to and from the non-v cated portion of the alley. RECOMMENDED ACTIO : Staff recommends that the ity Council Concur with the Planning Commissiori s Recommendation 17g06 f - September 2, 1998 City Pianning Commissi n Fridley Municipal Cented Fridley, vlirulesota � Re: Petitions froni Rosly i Park Wesleyan Church 1) To changc typc of zoning for a portion of our church property. 2) "ro request a varia�ce for vacatin; an alley. To the City Planner, Scolt IIickok and his staff, and to the City Planning Conunission, we cx}�cess our thanks f r the open door to pccsent our petitions in a revised form. Positional Statcinents l. Petition to clian�e tv of zonin� A. Related to f•e-�oni g: We would request that our petition to change lots 16-21 from R-2 to an R-3 stalus be ieceived as originally presented. Li view of whatever else may be autl�orizec( by thc City f r our property improvements, the cha�ige in zoning would at least be resolved and pl,ce all of our property in a consistant status. We request that this petition bc treatecl as a s�ngle pelition. � Petition to vacatc an all�v A. Relnted to ti•acatit g the entire alley: We believe that if the alley were continuous, or provided access and gress as a tlirough alley between 54th and 53rd Avenues, and that all lando�vncrs liad equ. ( or similar access, tlien the City policy for vacating an alley WOUI(� lll1CIC1'St1t1C�1�Iy Itelpful and 100% of the landowncr's signatures would be required to vacate such lley. We would request that he City of Pridley consider a variance to vacating an alley that has not bcen devc(oped to t�irough tcaffic; has not becn maiiltained by the City for the section of allcy that is opcn to t•affic; and has not bccn improvcd by thc City to reduce crosion of soil into thc currcnt dra nagc syslems. Therefore, we propose hat only the portion of alley that dissects the church properties be vacatcd. Based on the data that prescuts itself, we havc prepared inforniation and request that this ii�form tion be placed into consideration. B. Homeow��er acce s needs: (All tlu•ee of the landowners mentioned here are located on the wcst side of the lley). (Lots 2�1& 25) We ha e hoineowners at 5331 Sth St. with specific access needs to their liome a�1d gacage e►�tra ce, tl�at require tlle present a(ley space as a turti around area. To vacate the section of al ey adjoining thcir property puts their access in jeopardy. . 17.09 . _ r� p.2 Case in point: By vacatii g this portion of the al(ey, it would then pennit owners across the alley the opportw�ity �o reclaim one-half of the vacated alley, which would then block tlie needed access to the arage. Otller variances/ easements would then Ue needed with neighbor to neighbor, bu it is not our(Church) intent to pressurc those arrangements. (Lots 22 & 23) We have another homeowner at 5329 Sth St. with specific need to access their�arage from the alle . For tlle saine reasons as stated above, to vacate their section of alley puts their access cl jcopardy. However, this access caii be accommodated by the churcll providing aii acce s - easement driveway from tlie church property. (Lots 26 & 27) We hav another homeowner at 5367 Sth St. who also utilizes the alley, not for access to home o garage, but for the seivices of garbage pick-up and tnaintenance access to the back side o tl�eir rcntal duplex. C. Non churcl�por[io�i oJthe alley: By leaving the non-church portion of the alley in its present statc of locatipn; by leaving tlie easement agreements between the City and the ulility companics; and y Icaving all other boundary easements/ arrangements as they are, we believe it is botl prudent and cost effective to all otlier owners on the block. Agaiii, we (Cliurch) do i ot intcnd to impose finaiicial burdeii or easement e(ianges in order to accominodate o r building and property improvements. D. Basis of our prop sal: We have been advised by City Plaruiers and by our Engineers to prepare a aster Plau for the existing church properties. We have sought lheir counsel regarding �Iraiiiage requirements, ponding, easements and other City codes. Ouc proposal now inclu¢les a requcst to vacatc only the portion of alley that dissects the cliurch properties, whi h includes ftve (5) lots, 11 - 15 on tl�e east side of tl�e alley and fivc (5) (ots, 16 -20 on t le west side of the alley. This request relates to the first phase of property improvements we are presenting to the City of Fridley. Requcst for Variancc Our request to the City is for a variance to tlie alley vacation pi�ocess. Since the alley is o�tly a pai•tial alley, is z rt-maint�rined and has not been improved by the City, and does not serve as a�z crccess e�ress jor all of the landowners on llze block, we ask for a vcu�iance based on thc Iloiving: 1. The City of Fridley 1 as not developed the alley as a through access - egress. ** Even tl�ough the lley area has been dcsignatcd, it has not been developed. ** A curb cut or approach has not Ueen provided onto the 54th Ave. positon for such. (Accordiiig to su eyor's mappii�g). We have access - egress only from 53rd Ave. ** Tlic area tllat has been open to traffic has iiot been maintained or improved by the City. ** Two property o ners at the north end now assume respousibility to mow the grass as an extension f their back yards. i 17.10 U p.3 2. ** The City of Fridleylhas not maintained or provided improvements to the portion of alley that is open to traffic. This portion serves two property owners with access to thcir ho�t�cs and gaijagcs...thcsc Ueing tuorc to thc middtc of thc block. The two homcowuers who benefit iuost from the alley have personally paid for rock and gravel fill, in an ttempt to slo�v down erosion of alley sand. The primary cost has been incurred by Ir. Tom Stimack at 5331 Sth St, who has also provided his labor and persoual expense for snow removal. 3. ** The City may not l�e aware of the amount of soil erosion that has occurred and coutinues to occur. ur topography n�ap indicates that the alley has been cut away Uetwcen 2-3 feet low r than the side banks and continucs to erode quickly from snow and rain run-off into hc City drainage systems located on 53rd Ave. The length of tl�is erosion drainage spans ten (10) lots or an approximate area of 4,000 square feet. (400' in length and a erage 10' in width). The erosion problem is in and of itse(f a major concern and c uld be corrected with the proposal being offered by the church. 4. ** The chtu•ch has al•eady assumed the costs of surveying all of the alley, locating fcnces and buildings in addition to our own topography needs in developing a Master Plan for i�nprovemei ts. We have communicated with all neighbors in good faith, have shared with thcm ou• ideas and asked for their input, keeping their needs in miud. We havc c►id avored to Ue aware of City codes and requireineiits and to comply with tltose regulatio s. T/ierefor•e, it is our pr osal that only the po�•tion of alley that dissects the two church pui�cels Ge vacatecf, an t/tat the vacation oJthe alley apply to lots 11 - 20. We would request tlia the alley adjoinii�g to lot 21 (Clturch property)would not be vacated, as it lies dire tly west of lot 10 belonging to another landowner. Reasoning would be consistent ith pagc 2, item C. - Non church portion of the al[ey. However, this portion of the alley that adjoins lot 21 would provide coiu�ection to the remaining non-vacate alley. The proposed access - easement driveway would then extend from Sth stree on the west, cross over lot(21) and coruiect to the alley at the east end oF lot 21, provid�ng access-egress for all cunent users of the alley. This p�•oposcd vacati n ojpart of thc al[ey would create a need for the following stipulatio�is: � X 17. 11 p.4 1. That the church pro ide an alternate access-easement driveway for all owners who are presently using the alle to access their propeety...whether home, garage, or other services. And, that su h an access - easement driveway be provided across the entire length of lot 21 to coni ect directly to the alley needed specifically by these homeowners: l. 5329 Sth St. - Walk�r 2. 5331 Sth St. - Stimack 3. 5367 Sth St. - Sellards And, that the po�tion o allcy uot vacated and presently used by these homeowners, COl1C1I111C t0 I11VC SIICII ccess without change of defined boundaries or other easements so as to insure their contii ued access to homes, gara�es and other services. 2. That the church pro ide for all necessary drauiage easements for the alley connection and access - easement rrveway, thus reducing soil erosion and improving the access- egress surface. � � Tlle coustruction of th s access - easement driveway also lends itself to the future development of additi nal parking for the church. (Detailed on the Nlaster Plan of property improvemen .) 3. Tl�at thc present Ci�y casements located in the alley adjoining all other property owners remain in effect for al the utilities, a�id that the proposed vacated area of alley adjoining the chtu�ch property c ntinue to scive as utility easement, except that the church would tl�cti grant the easeme�t. 4. That the church gr I nt and record easement to 5329 Sth St. /Debra Walker, for relocation of a tool sh d. Rcasons: a.) The shed resently encroaches onto the church properly as displayed on the topogeap y map. b.) Tlie shed ould need to be tnoved anyway to provide adequate turn/corner space froi the new access - easement driveway onto the alley. 5. Tl�at the church re ord an easemeut to provide Amoco continued rights across the foc•mer alley. �� We respectfully sub it our requests and will endeavor to speak to other conceins from the members of the ity Planning Commission. Roslyn Park Wesley n Church, Property Improveme lt Committee David Jolulson, H rvey Teske, Janet Griffith, Nita Fernelius, Gary Brewster � 17. 12 < � CITY OF FRIDLEY � 5431 UNIVERSITY AVENUE�I - FRIDLEY, MN 55432 j (612) 571-3450 I COMMU ITY DEVELOPMENT DEPARTMENT APPLICATI OR: Vacatio of Street Alle �r Easement PROPERTY INFORMATIO : - site plan required for submittal, see attached Address: S3 c� G�-�' ��, /(/F .i �► �fl S`S�1�f Property Identification Num er. � Legal Description: Lot Block �5, Tract/Addition I J � I /�� I E'�"l Q.t�./CS 1 � I � a �� Current Zoning: Square footag /acreage: Legal Description of Street, �Alley or Easement to be Vacated: Reason for Vacation: v � e z�' `o ' a � o �� .s Have you operated a busin ss in a city which required a business license? Yes No c/ I Yes, which cit ? Y — If Yes, what type of busines ? Was that license ever deni�d or revoked? Yes No �.��.� ��_��_��_�� I FEE OWNER INFORMATI N (as it appears on the prope�ty title) (Contract purchasers: Fee wners must sign this form prior to processing) NAME: � ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: /�rwr�r�V�rAr�V�VArAr�r�V1V�r1V�r�V�rnr�V 'V^rtiti�V�r�VNNiViV�r�r�r�VN�V�V�V�V1r�V�VNtiAriVwrlrNlr�V�V�V�VAr�V'VNArtiVAr�V�V PETITIONER INFORMATI N NAME: t25 c� f ar �z� av� C c.�, ADDRESS: S Oc.� � �ti f, �E r- 'd /'v! SS S�o2 DAYTIME PHONE: 5 — 6 9 SIGNATURE/DATE: ?'l�lqg �� FEES � Fee: $250.00�� Application Number: 5�� $Receipt#: yl �i(� Received By: Scheduled Planning Com ission Date: �agu� , t 9� � � Scheduled City Council D te: ��. �� l �9� 10 Day Application Com lete Notification Date: J�.1.� �� , / 5� 60 Day Date: �� -��,6�� !S , l99 8 � 17.13 - 07/31/1998 10: 09 612572809 ROSLYN PARK CHURCH PAGE 01 . 7/3�Iqg - �f� � �� 1��; -- ��/� �� . �y y ,�� . �� COU NTY QF AN � KA Of j9ce oj the Examiner oj Titles COURTHpUSE ANOKA. MINNESOTA 55303 812-422-7485 Jamas J. Pautp Exarniner of 7itles July 14, 1998 f.,:=;;,,.�: . .. .,�;';::,U �l1� ,� 6 t3Gg Keith M. Graham �'l J{': " Ulteig Engineers, Inc. . �"��' „ . ��, �;41,� 5201 Fast River Road, Suit 308 Minneapolis� MN 55421 i re; Propoaed Vacation f Alley . Block 15, HAMIL N'S ADDIT'ION TO MECHANICSVILLE (Yvu� lecter of July , 1998) Dear Mr. Graham: I have reviewed the drawin which accompanied your above-referenced letter, which I received on July 13, 1998, and I offer th �ollowing comments in response to your inquity. Because the alley whic extends through Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, was edicated prior to che registration of the lots in that block, the alley is, in fact,registered land. It,e tration of platted land includes adjoining streeu and alleys which aecrue to such land upon �acation. Consequently, the vacated alley can be added to che land description oE the cur�ent certificates o title by examiner's directive; a new initial registration is not necessary. I recommend using the foll wing descriptions, given the lot combinations on the certi�icates of title owned by the church: Certi�cate Number Vac��d Alley Descriptior� 12546 Th east half of that part of the vacated alley in Block 15, HAMILTON'S DITION TO MECHANICSVILLE, Anoka Caunry, Minnesota, lying be een the westerly extensions aeross it of the north line oE the south hat of Lot 11 and the south line of Lot IS, said Block 15. 14199 Th east half of that part of the vacated alley in Block 15, IiAMILTON'S DITION TO MECH,ANICSVILLE, Anoka County, Minnesota, lying be ween the westerly extensions across it o� ehe north line of Lot 11 and th south line of the north half of said Lot 11, said Block 15. 17. 14 �tflrmative Actian / Equa) Opportunity Employer r i . 07/31/1998 19: 09 612572809 ROSLVN PARK CHURCH PAGE 02 Keith M. Graham � Pagc 2 July 14� 1998 �j�j�te Number Va�atec�A,Ilev, Description 15010 The west halE of thac part of the vacated alley in Block 13, ILTON'S ADDITION TO MECHANICSVILLE, Anoke County, Min esota, lying between the easterly extensions across it of the north line F Lot 17 and the south line of Lot 16, said Hlock 15. 44292 The� west half of that part of the vacated a13ey in Block 1S, TON'S ADDITION TO MfiCHANICSVILLE, Anoka County, Min esota, lying between the easterly extensions across it of the nozth line f Lot 19 and the south line of Lot 18, said Hlock 15. 21634 The west half of that part of the vacated alley in B1ock 15, ILTON'S ADDIT'ION TO MECHANTCSVILLE, Anoka County, Min esoca, lying between the easterly extensions across it of che north line of Lot 21 and the soutl� lioe of Lot 20, said Block 15. A certified copy of the nnun cipal resolution or ordina�nce vacating the alley must be filed with the registrar of titles and memo 'alized on each certificate of title owned by the church. The registrar's fee for �ling the certi6ed ca y of the resolution or ordi�ance and enterin8 che memorial thereoE is ' S19.S0 per certifcate, �or a otal of�9'1.50. After thia has been done, th church should direct its written request for an ezaminer's direetive to my attention and I will then irect the registrar oE titles to add the land descriptions set forth above to the respective certi�icates of ticle. Th,e fee for filing this varitten directive is �19.50 per certi�cate, for a total of$97.50. Based on s total of five certi icates,this process would therefore cost the church $195.00. I think cbat most lenders and �rospecti�� purchasers would expect to have the process completed, and for that reason doing sa might be a ise idea. Please e to c tact e with any questions or comments which you may have. ely, r m auly amin f JJP/mp . 17.15 � CONSULTING ENGINEERS PHONE 812-571-2500 FAX 612-671-1168 i / ' ' ULTEIG ENGINEERS, irvc. ; , .�� -- 5207 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 L�GAL DESCR,IP ION FOR: ROSLYN PARK WE5L�YAN CHURCH PROP SLD ACCESS �ASEM�NT TO LOT 22 A non-exclusive easeme t for ingress and egress over and across all that part of Lot 21, Block 15, HANII TON'S ADDITION TO M�CHANICSVILLE, Anoka County, Minnesota, whi h lies within a strip of land 16.00 feet in width, the centerline of said strip being described as follows: . � � �� I Commencing at the Nor I-heasterly corner of said Lot 21; thence North 89 07 40 West along the North li e of said Lot 21 for a distance of 8.00 feet to the actual point of beginning of th centerline to be described; thence South 00° 12' 17" East I for a distance of 6.00 fe t; thence Southwesterly along a tangential curve concave o � �� to the Northwest havin a radius of 16.00 feet and a central angle of 90 00 00 for a distance of 25.13 f et; thence South 89° 47' 43" West for a distance of 107.05 feet, more or less, to th- Westerly line of said Lot 21, and there terminating. The side lines of said st ip shall be lengthened or shortened as necessary to form a closed figure. kmg 6/S/98 (� ,�•° '•� , : . = � E = 17. �s EQUAL OPPORTUNITY EMPLOYER � ,.,.0 ,�.. ,t,`\ I �• `T� AMOCO Amoco Pipeline Company _�- 28100 Torch Parkway Suite 800 July 22, 1998 Warrenville, Illinois 60555-3938 (630)836-5100 Mr. Scott Hickock City Of Fridley 6431 University Avenue Fridley, MN. 55432 Dear Mr. Hickock: Vacated Alleyway Ros yn Park Church Series 4000 LL 1680-A Keith Graham of Ulteig ngineers and I have discussed the proposed conveyance of an alleyway from the City t Roslyn Park Church in an area where Amoco has an e�sting pipeline traversing the p blic alleyway. Mr. Graham has provided me with the details of the transaction along wi h a description of the easement area Amoco will need to acquire to protect our land righ . Amoco appreciates the City's concern for protecting our rights in this area. I have enclosed a propo ed easement agreement for the right-of-way area needed. The problem is that I recog ze that the City can not grant a permanent easement, yet at this date the City remains th owner of record for the area. Therefore until such time as the City deeds the alleyway to Roslyn Park Church, et. al. the agreement can not be executed by representatives of th Church. Assuming this transaction is finalized please have the authorized representati e for the Church complete the information needed in the heading of the agreement, exec te the agreement page 2, complete the notary information, and return th� agreement to my att�ntion fo.r�cordir.g. Should you have any q estions please contact me at 630-836-5190. Very truly y urs, � ichae . ayden . Keith Graham file � 17.17 r Fi1e4000 1680-A � � EASEIV�ENT AND RIGHT OF WAY AGREEMENT FOR AND IN CON IDERATION of the sum of Ten Dollars ($10.00), and other consideration, the receipt of which is hereby acknowledged, the undersigned, , whose mailing address is , (hereinafter called "Grantor" whether one or more), hereby grants, bargains, s Ils, conveys and warrants to AMOCO PIPELINE COMPANY, a Maine corporation wh se mailing address is 28100 Torch Parkway, Suite 800, Warrenville, Illinois 6055�5-3938, (hereinafter called "Grantee"), its successors and assigns, a permanent Ea ement for an existing pipeline or pipelines and the perpetual right and privilege of operating, inspecting, maintaining, protecting, marking, repairing, replacing, changing the size of, and removing said pipeline or pipelines and appurtenances, equipme t, and facilities useful or incidental to or for the operation or protection thereof, for th transportation of oil, gas, water, or any other substances, whether fluid or solid, an products and derivatives thereof, and any combinations and mixtures thereof, upon, over and through the following described land located in Anoka County, State of Minnesota , to wit: Attached hereto Ind thereby made a part hereof see Exhibit A for centerline d scription of a 12 ' long easement area . Together with the right of access to said pipeline or pipelines and the right of ingress and egress on, over, and t rough the above described land for any and all purposes necessary and incident t the exercise by said Grantee of the rights granted hereunder with the further right to m intain the easement herein aranted clear of trees, undergrowth, brush, structures, which� Grantee's opinion, may interFere with the normal maintenance of the pipeline or pipelin s and any other items, to the extent Grantee deems necessary in the exercise of the righ s granted herein. Grantor shall hav the right to use and enjoy the above described premises; provided, however, Gran or shall not exercise such use and enjoyment in a manner that will impair or interfere wi h the exercise by Grantee of any of the rights herein granted. Grantor shall not build, c ate, construct, or permit to be built, created or constructed, any obstruction, building, lak , engineering works, or any other type of structure within 25-feet of the pipeline or pipelin s. It is mutually agreed, however, that the foregoing restriction shall not prohibit the co struction of public roads, driveways, fences and public utilities, hereinafter called "faciliti�s", across said right of way but it shall prohibit the construction of such facilities longitud nally within said right-of-way. Grantee shall not be held liable to Owners for any damage caused to any such facilities constructed across said right-of- I 17. 18 way in exercising its righ s granted in said Right of Way Conveyance, and provided further that if in the judg ent of Grantee, the construction of such permitted facilities requires alteration, or low ring, or other protective measures for the pipeline or pipelines, the entire cost of such alt rations, lowering, or other protective measures shall be borne solely by Owners of such f cilities. Grantee agrees to ay for damages to growing crops, pasturage, timber, fences, of Grantor resulting from t e exercise of the right herein granted; provided, however, Grantee shall not be lia le for damages caused on the Easement by keeping said easement clear of undergr wth, brush, structure, or any other obstructions. The terms, conditi ns and provisions of the Easement shall extend to and be uin�iny upon tne heirs, e ecutors, administrators, personal representatives, successors and assigns of the parti s hereto. The Easement and rights herein granted may be leased or assigned in who e or in part. TO HAVE AND T HOLD said Easement, rights, estates and privileges unto Grantee, its successors a d assigns. IN WITNESS WH REOF, Grantor has executed this Easement this day of , 199 � WITNESS: THE STATE OF � ) � ) ss COUNTY OF ) BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day of , 199 , personally appeared � to me known to be the person who executed the within and foregoin instrument, and acknowledged to me that she executed the same as fr e and voluntary act and deed and for the purposes and consideration therein ex ressed. Notary Public My Commission expires:l 17. 19 � . CONSU�TING ENGINEERS PHONe siz-s�i-2soo FAX 612-571-1�68 : /-: �'�'�;�� ULTEIG ENGINEERS, irvc. - 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 %� I ` � ' �� ,� LEGAL DESCRIP�IION FOR: ROSLYN PARK WESLEYAN CHURCH EASEMENT �TO BE RESERVED FOR AMOCO PIPELINE A non-exclusive easemen{t for an oil and gas products pipeline under and across all that part of the following{ described tracts: � The East half of tl�at part of the vacated alley in Block 15, HAMILTON'S ADDITION TO M�CHANICSVILLE, Anoka County, Minnesota, lying between the weste�ly extensions across it of the North line of the South half of Lot 11 and the �outh line of Lot 15, said Block 15; AND I The West half of t at part of the vacated alley in Block 15, HAMILTON'S ADDITION TO M CHANICSVILLE, Anoka County, Minnesota, lying between the easte ly extensions across it of the North line of Lot 17 and the South line of Lot 6, said Block 15; Which lie within a strip of land 50.00 feet in width, said strip lying 25.00 feet on either side of the followi�ig described centerline: :'ar�xrieiici�lg at ti e Sautheast cornex• af Lo� i� of said Lic�ck i�i; ti�ence North along the ast line of said Lot 15 for a distance of 5.84 feet to the point of beginnin of the centerline to be described; thence Westerly to a point on the West line of Lot 16 of said Block 15, said point being 5.90 feet North of the Sout west corner of said Lot 16. Said strip being 12.00 f et in length, and lying 25.00 feet Northerly and 5.86 feet Southerly of the above escribed centerline. kmg 7/17/98 ��° ��e i � «C E' � � C�.�� I EQUAL OPPORTUNITY EMPLOYER p�� PE ITION FOR VACATION OF ALLEY The undersigned, own rs of property in Block 15 , HAMILTON' S ADDITION TO MECHANIC VILLE, hereby petition the City of Fridley for vacation of the lley in said Block 15 lying between the Northerly line of 53 d Avenue N.E. and the Southerly line of 54th enue N.E. . date : Patricia Moldenhauer; Lots 1 & 2 : � date Ro rt . & Frances Gideo; ots 3 & 4 : � date- � �2.d ��J Richard K. Blank; L ts 5 & 6 : Bankers Trust Co . o CA; Lots 7 & 8 ; Contract Purchasers Ying Yang: date : � Yeu Yan : date : g � Ying Kong Yang: I date : Xiong Xi Yang: date: Yin M. Yang: date: I . . date : —� - 98 Dallas & Patric ' a msey; Lots 9 & 10 • � date: � o ly ark sleya Church; Lots 11 through 21 : date : '�3�� eborah J. al er; ts 22 . & 23 : _ ___.... ..__.. .. � � _, -_ __.. , � �- �,, �� _-_ �LXJ�� date• Thomas Stimack & S irley Barton; L ts 24 & 25 : date• Jesse J. Sell yd ; ots 26 & 27 : . date : � Christine L. Bates; Lots 28, 29 & 3 : 17.21 PE ITION FOR VACATION OF ALLEY The undersigned, ow ers of property in Block 15 , HAMILTON' S ADDITION TO MECHANI SVILLE, hereby petition the City of Fridley for vacation of the alley in said Block 15 lying between the Northerly line of 5 rd Avenue N.E. and the Southerly line of 54th enue N. E. . � date : Patricia Moldenhaue ; Lots 1 & 2 : date : Ro rt . & Frances Gideo; ots 3 & 4 : � date : � �d � Richard K. Blank; Lots 5 & 6 : Bankers Trust Co . f CA; Lots 7 & 8; Contract Purchaser : Ying Yang: date : Yeu Yang: date : Ying Kong Yang : date : Xiong Xi Yang: �' � date : � � 7 � Yin M. Yang: date: . date �'� � 9g Dallas & Patricia msey; LoLs 9 & 10 • date : o lyn Park sley n Church; Lots 11 through 21 : (� date : 'C�3��U Deborah J. al cer; 3 : L�.ts 22 & 2 _. ...._. ..._... �--�' `_ l ,_ �� ^ � _.% �-� , c .__ k date : � �� Thomas Stimack & S irley Barton; L ts 24 & 25 : date : Jesse J. Sell yd ; ots 26 & 27 : ' date : � Christine L. Bates; Lots 28, 29 & 3 : 17.22 PE ITION FOR VACATION OF ALLEY The undersigned, ow ers of property in Block 15 , HAMILTON' S ADDITION TO MECHANI SVILLE, hereby petition the City of Fridley for vacation of the alley in said Block 15 lying between the Northerly line of 5 rd Avenue N. E. and the Southerly line of 54th enue N.E. . �` date : ' Py-�icia Mo enhaue ; Lots 1 & 2 : . L ' , , jf date ' �Y , Ro rt Frances Gideo; ots & 4 : � date � 02.0 � Richard K. Blank; L ts 5 & 6 : Bankers Trust Co . of CA; Lots 7 & 8; Contract Purchasers : Ying Yang: date : �� Yeu Yang: date: Ying Kong Yang : date: Xiong Xi Yang: date: Yin M. Yang• date : date '-� � 9g Dallas & Patricia msey; Lots 9 & 10 � date : o lyn Park sley .n Church; Lots 11 through 21 : date "�� Deborah J. al er; L ts 22_.&_,__23 : .�.._._... __._.. / _ .< �� .._- �� --- k 'L�� date : � � Thomas Stimack & S irley Barton; L ts 24 & 25 : date: Jesse J. Sell yd ; ots 26 & 27 : / date: � Christine L. Bates ; Lots 28 , 29 & 3 : 17.23 �4 II AVE. N.E. �» � r---------------- ----------------1 �----- � � PA7RICA MOLOENH�UER � � ioi M � CERT. /J47J20 �o�i � � � � i �380 61FI 51. NE. I ; . 1 � � - � — � � � � __ __. .. -- -- — - - - - - --- --- -- -- � � - i � � ciiaisrwE i �aniFs � j I ' fLat. N82c77 io�zs �o�� i 5:s�5 �,ni Sr. NE. � I � 1 —�d' - - - - - - - - ' I � �-- -- -- -- — — - —I � � � I 20BERT J. GIDEO, JR k fRANCES GIDEO � I � � ior�e � � %ER7. /J61503 ioi s � ( ' � i � i372 611�1 ST. NE. ' ' ��a�` `� ' � � � � � _ � � � � JfSSF J. SELL/�RDS � � - — — -- — — - � I � � c:i Ri. ryesenn � 1 �.o�. � I � ' w�r I ' S,if.,7 SIH SL �t. 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J u, � I �:W._��r - - - - - � �- - - - - - - �W_,.��-. �_.1... _ y _ - -- -�- -- - -- - -""' � __ _� - - �- - — –– –– –– –�– �.«– –!"*'�=.–� R�–– rtR-VE.- _--N-E.– _�.._- _=�– – . � ,�..�,,..,� � � � ... 17.24 CONSULTING [NGINEERS PHONE 612-571-2500 FAX 812-571-1188 ULTEIG ENGINEERS, i►vc �� 5201 EAST RIVER ROAD,SUITE 30B MINNEAPOLIS,MN 55421 PROPO �D VACATION OI�' ALL�Y IN BLOCK 15 for I� SLYN PAR,K W�SLEYAN CHURCH All that part of the alle in Block 15, HAMILTON'S ADDITION TO M�CHANICSVILLI�, A oka County, Minnesota which lies between the Northerly line of 53rd Avenue N. � . and the Southerly line of 54th Avenue N.E. in said Block 15. :`�` `'� , �' � 17.25 'C E � . � EQUAL OPPORTUN(TY EMPIAYER (� ��r�c`� � - CONSU�TING ENGINEERS PHONe si2-s�i-2eoo FAX 612-571-1768 ULTEIG ENGINEERS, i►vc. 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 - July 9, 1998 Mr. James Pauly Anoka County Examiner of Titles 325 East Main Street Anoka, MN, 55303-2489 RE: Proposed Vacation of Alley Block 15, HAMIL ON'S ADDITION TO MECHANICSVILLE Mr. Pauly: Roslyn Park Church and the other owners of property in Block 15 of � HAMILTON'S ADDITIO TO MECHANICSVILLE, Anoka County, Minnesota are petitioning �he city of Fr'dley for vacation of the alley in Block 15. As noted on ' the enclosed: drawing, all lots in the block have Torrens title. : The vacated alley will be abstract property. The owners have asked if it would be , advisable, necessary or p dent to have the vacated alley added to the Torrens Certificates. What steps would be required to accomplish this? Could this be done with an Examiners Directive, or would a new proceeding be required? Upon vacation, the adjoi ing lots would acquire to the center of the alley. Between adjoining lots, ould the boundaries be the lot lines extended, or would ' they be extended at righ angles from the rear lot line to the center of the alley? , Who would make that d termination? Any information and ad ice you could provide will be appreciated. Yours truly, %��:�f��.-��-�, �.�� Keith M. Graham, R.L.S Ulteig Engineers, Inc. cc: Pastor Gary Brewste Roslyn Park Church Enclosures `��.< <,�� ''` E � 17.26 C EQUAL OPPORTUNITY EMPLAYER °��c`� CONSULTING ENGINEERS pHONE 612-577-2500 FAX 812-571-1188 � % ULTEIG ENGINEERS, irvc. 5201 EAST RIVER ROAD,SUITE 30B MINNEAPOLIS,MN 55421 GG Junc 22, 1998 KG MP File MEMORANDUM DATE OF MEETING: 06-17-98 CLIENT: Roslyn Park Wesleyan Church O YKOJECT: Alley Vacation UEI PROJECT NO.: 96732 MEMO BY: Mark Peterson PRESENT: Gordy Chapin, NSP Mark Peterson, UEI A mecting was helcl at the site. The following items were addresscd: l. Petcrson infonncd Ch�pin that lhc allcy divicling lhc church's property will bc vacated by the City. Peterson askcd Cha�in if NSP rcquires that thcir poles bc moved out of the alley because it is being vacatcd. The City of ridley does not rcquire NS�' to remove their polcs. Chapin stated that NSP would leavc lheir��olc, in the vacatccl allcy until the churd� expansion occurs. 2. Pcta�son and Chapin di�cussc:d relocating the existing power poles to facilitale future expansion of the existing church. Chapin statccl thal ULI should allow foc 10' of clearance bclween the church and ovcrhead power lincs. hapin recommendcd that thc poles be Ieft in placc unlil the church expansiot� takcs place. 3. Peterson asked Chapi i what the cost would be to reloeate the exisling poles to facilitate future expansion of [he chur h. Chapin stated that there would be a minimal chargc to move the poles; approximatcly$500 lo$600 per pole. Chapin also statecl that$2000 would be the maximum amount that the church would e chargcd to rclocale all thc poles. 4. Chapin stated lhat guy wires on thc rclocatcd poles should be able to be avoided. Chapin stated that cribbing planks could e used to provide additional support to lhe poles. 5. Chapin stated th�it NS would requirc 3-4 weeks of lead-time to relocatc the poles. 6. Petcrson informecl CI apin that thc church may require additional electric capacity due to the expansion. Cha�in ,tated that NSY would increase capacity by installing a larger overhead tiansfoi7ner. Chapin s aled th�►t thcre would �c no charge to the church to install a larger transfonner. c: Pastor Gary B►-ewster Attachment ,�`0 `•� , : . ✓(C , E � 1 EQUAL QPPQRTUNI7'Y EMPIAYER eo��:~ CONSULTING ENGINEERS PHONE 612-571-2500 FAX 612-571-1168 , ULTEIG ENGINEERS, iNc. 5201 EAST RIVER ROAD,SUITE 300 MINNEAPOIIS,MN 55421 L�GAL DFSCIZIP 'ION I'OR: ROSLYN PAIZK W�SL�YAN CHURCH ROPOS�D UTILITY EASEMLNT An easement for utility urposes over, under and across all that part of Lots 11, 16, 17, 18, 19, 20 and 2 , and the vacated alley adjacent thereto, Block 15, HAMILTON'S ADDiTI IV TO M�CH�NICSVILI..I�, Anaka County, Minn.esota, which lies within a stri of land 16.00 feet in widtll, the centerline of said strip being described as follo s: Coinmencing at the Sou heasterly corner of said Lot 16; thence North 89° 03' 56" West along the South li e of said Lot 16 for a distance of 3.00 feet to the actual point of beginning of th centerline to be described; thence North 03° 52' 04" West for a distance of 39.14 f et; thence North 03° 16' 59" West for a distance of 65.18 feet; thence Nortli 05° 3 ' 13" East for a distance of 100.25 feet; thence North 00° 12' 17" West For a dista ce of 34.51 feet, more or less, to a point of intersection with the �asterly exten ion of the Northerly line of Lot 21 of said Blocic 15, and there terminating. The side lines of said st •ip shall be lengthened or shortened as necessary to form a closed figure. kmg 6/23/98 �� .< <, �,- �, :; . .iC E � C EQUAL OPPORTUNITY EMPLOYER ra��.��. CONSULTING [NGINEERS PHONesiz-s�i-zsoo f) FAX 812-571-1188 � / . U LTEIG ENG I N EERS, irvc. - 5201 EAST fiIVER ROAO,SUITE 308 - MINNEAPOLIS,MN 55421 June 23, 1998 Mr. Gordy Chapin Customer Service Desig lZepresentative Northern States Power _ ompany 1518 Chestnut Avenue ortih Minneapolis, MN, 55403 Mr. Chapin; I�,ecently you met with r. Mai-lc Peterson of this office regarding future plans at Roslyn Park Wesleyan C iurch. The church, located at 5300 6th Street North, is petitioning the city of I�r dley for vacation of the alley adjacent to the church. The alley r•uns Noi•th froin 5` rd Street to 54t1i Street, uetween 5th Street and 6th Sti-eet. The purpose of t ie alley vacation is to allow future expansion of the church building and pai•1 ing lot. NSP, U. S. West and Pa agon Cable havc facilities on the N.S.P. power poles in the alley. It is assuined that the city will retain an easeinent for utility purposes over the vacated alle,y a jacent to Lots 1 through ].0 and 22 through 30. Roslyn Park Church owns Lots 1 throu�;h 21, and wishes to provide an easeinent for future re-location of the �oles. We have prepared a proposed easement description across the church parcel We are enclosin� two copies of the proposed description, and the proposed site pl n showing the proposed easement. The city of I+'ridley is no requiring that Lhe poles be re-located at this time. At your meeting with Mr. eterson, you indicated that N.S.P. would leave their poles in the current location u Ztil tlie cl�iurch exp�.�nsion occurs. If the proposed easemen and future re-location are acceptable, please send us a brief letter to t;hat effect Yours truly, � Keith M. Graham, R.L. . Ulteig Engineers, Inc. cc: Pastor Gary Brewste R,oslyn Park Church �.< <.� ' (� �� ' GQUALQPPOH7UIa1TY EMPIAYER ✓ �,.C ,� e�,�� CONSULTING ENGWE[RS aHONesizS»-25o0 FAX 612-571-1168 � ULTEIG ENGINEERS, irvc 5201 EAST RIVER ROAD.SUITE 308 MINNEAPOLIS,MN 55421 �.. �l June 23, 1998 Mr. Joe Brownrigg Paragon Cable Design epartment 10201 Crosstown Circle �den Prairie, MN, 5534 Mr. Brownrigg; I IZoslyn Park Wesleyan hurch, located at 5300 Gth St;reet North, is petitioning the ' �,-' The alle runs the church. cit of I iidle for vacat�on of the alley adjacent to y Y Y Noi•Lh from 53i•d Street to 54t1i Street, between 5th Street and 6th Street. The tui-c ex ansion of the church buildin purpose of the alley vac tion is to allow fu p � and parking lot. NSP, U. S. V11est and P� rag�n Cable have facilities on the N.S.P. power poles in the alley. It is assuine that the city will retain an easement for utility purposes � � 1 n over the vacatc,d allcy djacent to Lots 1 through 10 and 22 through 30. Ros y Park Church owns Lots 11 through 21, and wishes to provide an easement for futui•e re-location of th poles. We have prepared a proposed easement description across the church parce . We are enclosing two copies of the proposed description, and Y,he proposed site p an showing the proposed easement. 'I'he city of I�,ridley is n t requiring Lhat the poles be re-located at this time. 1V.S.1'.'s Customer Servi ce llesign l�.epresentative, Gordy Chapin, has indicated that they would lcave t eir poles in the current location until the church expansion occui•s. If the proposed easeme t and future re-location are acceptable to Paragon Cable, please send us a brief 1�tter to that effect. Yours truly, ;� ,,�� ,� �- �:��: , Keith M. Graham, R.L.S. Ulteig �ngineers, Inc. cc: Pastor Gary Brews r Roslyn Park Churcl ,.< <, �� '', :� . = ` E = 17.30 � EQUAL OPPORTUNITY EMPCAYER � `,,C`\\� CONSULTING ENGINEERS PHONe siz-5�i-z5oo FAX 612-571-1168 � �� ULTEIG ENGINEERS, iNc. .�� 5201 EAST RIVER F�OAD,SUITE 308 MINNEAPOIIS.MN 55421 � June 23, 1998 Mr. R,on Toinbarge LJ. S. West Lngineci•ing Department �) 9700 Schmidt Lake Itoa , Room 155 Plymouth, MN, 554�12 Mr. Tombarge; Itoslyn Park Weslcyan hurch, located at 5300 6th Sti•eet Nortli, is petitioning the city of I�,ridley for vacat on of the alley adjacent to the church. 'I'he alley z-uns North from 53rd Strcet to 54th Street, between 5th Street and 6th Street. The purpose of the alley vac tion is to allow future expansion of the church building and parking lot. NSP, U. S. West and P ragon Cable have facilities on the N.S.P. power poles in the alley. It is assuine that the city will retain an easement for utility purposes over the vacated alle,y � djacent to Lots 1 thr•ough 10 and 22 througl�i 30. Roslyn Park Church owns Lots 11 tllc•ough 21, and wishes to provide an casement for future re-location of th poles. We have prepared a proposed easement description ' across tlie church parcel. We are enclosing two copies of the proposed description, and tlle proposed site p an sliowing Lhe pT�oposed easelnent. �l'he city of I+�ridley is n t requiring that the poles be re-located at this time. N.S.P.'s Customei- Sei-vi ce Design Representative, Gordy Chapin, has indicated that they would leave t�eir poles ii1 the current location until the church expansion occurs. , If the proposed easeme t and future re-location are acceptable to U. S. West, please send us a brief 1 tter to that effect. Yours truly, //) ; " r / ✓�; `l'" T��7�"y�. /%v�' Keith M. Graham, R.L. . Ulteig �ngineers, Inc. cc: Pastor Gary Brewst r Roslyn Park Churc ,��° '�� ''� E� 17.31 J �"_.C ..,� . EQUAL OPPORTUNfTY EMPLAYER e�,�� w CONSULT�NG ENGINEERS PHONE 672-577-2500 FAX 612-577•1168 ULTEIG ENGINEERS, iNc. 5201 EAS'f RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 June 22, 1998 - Mr. Ken Andreen, Field i ngineer AMOCO Pipeline Comp ny 9400 Winnetka Avenue orth Brooklyn Park, MN, 554 5 Mr. Andreen; Roslyn Park Wesleyan hurch, located at 5300 Gth Street North, is petitioning the �� city of Fridley for vacati n of the alley adjacent to the church. The alley runs North fi�oin 53rd Sti•eet et�veen 5th Street and 6th Street. AMOCO has a pipeline rossing the alley. The pipeline is located 5.86 feet north of the north line of 53rd Sti-eet. I spoke ��vitli John Beal of your office, who indicated that AMOCO ec�uires an easement 25 feet in widtli on each side of the line. Based upon that ii formation, «�e have prepared a proposed easement description across the s uth 30.86 feet of the alley for the pipeline. We are enclosing two copies of t le proposed description, and the proposed site plan showing the proposed e sement. If the proposed easemen is acceptable, please send us a brief letter to that effect. Yours truly, _, /�� .� �,.�� - Keith M. Graham, R.L. . Ulteig Engineers, Inc. cc: Pastor Gary Brewste Roslyn Park Church �� ,� � 17.32 Ji� �` C ` EOUAL OPPORTUNITY EMPIAYER `��c� CONSUITtNG ENGIN[ERS PHONE Bt2-577-2500 � FAX 612-571-116b % ULTEIG ENGINEERS, iNc. 5201 EAST RIVER IiOAD,SUITE 30B MINNEAPOLIS,MN 55421 L�GAL D�SCR,IP ION I'OR: ROSLYN PARK WESL�YAN CHURCH �ASEMENT TO BE R�SERVED rOR AMOCO PIPELINE A non-excl��sive easeine t for an oil and gas products pipeline under and across the South 30.8G feet of t at part of the alley in Block 15, HAMILTON'S ADDITION TO MECH ICSVILLE, Anoka Count,y, Minnesota, which lies North of the Northerly line of 53rd Avenue Noi-L-heast. - U kmg 6/9/98 ;,.< <,� . ' ' 17.33 C E r C—�� EQUAL OPPORTl1NITY EMPLAYGR e� �� CONSULTING ENGINEERS PHONE 612-571-2500 FAX 612-571-1168 ULTEIG ENGINEERS, irvc. 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 LEGAL ESCRIPTION FOR: ROSLYN PARK CHURCH ALLEY TO BE VACATED The east half of that part f the alley in Block 15, HAMILTON'S ADDTTION TO MECHAIVICSVILLE,Anok County, Minnesota, lying between the westerly extensions across it of the north line f the south half of Lot 11 and the south line of Lot 15, said Block 15. (Torrens certifi ate No. 12546) I The east half of that part bf the alley in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE,Anok County, Minnesota, lying between the westerly extensions across it of the north line of Lot 11 and the south line of the north half of said Lot I 1, said Block 15. (Torrens ertificate No. 14199) � The west half of that of the alley in Block 15, HAMILTON S ADDTTION TO MECHANICSVILLE,Anok County, Minnesota, lying between the easterly extensions across it of the north line of Lot 17 and the south line of Lot 16, said Block 15. (Torrens certificate No. 15010) The west half of that of the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE,Ano County, Minnesota, lying between the easterly extensions across it of the north lin of Lot 19 and the south line of Lot 18, said Block 15. (Torrens certificate No. 44292) The west half of that of the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE,Ano a County, Minnesota, lying between the easterly extensions across it of the north lin of Lot 20 and the south line of Lot 20, said Block 15. (Torrens Certificate No. 21634) :`'` `'� � , �C E' C EQUAL OPPORTUNI7'1'EMPLAYER °��c`� CONSULTING ENGINEERS PHONe eiz-s�i-zc,00 FAX 612-571-1188 ULTEIG ENGINEERS, irvc. �_.. I 5201 EAST RIVER FiOAD,SUITE 308 MINNEAPOLIS,MN 55421 LEGAL ESCRIPTION FOR: ROSLYN PARK CHURCH I ALLEY TO BE VACATED The east half of that part f the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE, Anok County, Minnesota, lying between the westerly extensions across it of the north line of the south half of Lot 11 and the south line of Lot 15, said Block 15. (Torrens certif' ate No. 12546) The east half of that part f the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE,Anok County, Minnesota, tyirig between the westerly extensions across it of the north line of Lot 11 and the south line of the north half of said Lot 11, said Block 15. (Torrens ertificate No. 14199) The west half of that of the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE, Anok County, Minnesota, lyirig between the easterly extensions across it of the north lin of Lot 17 and the south line of Lot 16, said Block 15. (Torrens certificate No. 15010) The west half of that p of the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE,Ano a County, Minnesota, lying between the easterly extensions across it of the north lin of Lot 19 and the south line of Lot 18, said Block 15. (Torrens certificate No. 44292) The west half of that of the alley in Block 15, HAMILTON'S ADDTTION TO MECHANICSVILLE,Ano a County, Minnesota, lying between the easterly extensions across it of the north lin of Lot 20 and the south line of Lot 20, said Block 15. (Torrens Certiticate No. 21634) ��,.< <,,� C E � EQUAL OPPORTUN(TY EMPLOYER °��c`� sectional corne positions and private boundary corners . (6) Remov any earth, gravel or rock from any highway; (7) Obstr ct any ditch draining any highway or drain any noisome materia s into any ditch; (8) Place or maintain any building or structure within the limits of a y highway; (9) Place or maintain any advertisement within the limits of any h ghway; (10) Paint print, place, or affix any advertisement or any object with'n the limits of any highway; (11) Defac , mar, damage, or tamper with any structure, work, material, equipment, tools, signs, markers, signals, paving, guardra' ls, drains, or any other highway appurtenance on or along any highway; (12 ) Remov , injure, displace, or destroy right of way markers, or ref rence or witness monuments, or markers placed to preserve section or quarter section corners; (13 ) Impro erly place or fail to place warning signs and detour signs as provided by law; (14) Driv over, through, or around any barricade, fence, or obstruction erected for the purpose of preventing traffic from passing o er a portion of a highway closed to public travel or to r move, deface, or damage any such barricade, fence of obstr ction. Any viola ion of this subdivision is a misdemeanor. Subd. 6 Removal of unauthorized advertisements, � buildings, or tructures in or on a public highway. The road authorities ay take down, remove or destroy any advertisement, building or structure in or upon any highway in violation of t is section. History: 1959 c 500 art 1 s 27; 1973 c 123 art 5 s 7; 1977 c 33 s 1; 1979 c 275 s 1; 1980 c 435 s 1; 1980 c 533 s 2; 995 c 23 s 1 160.29 VACA�ION OF PUBLIC WAYS; EFFECT. Subd 1 . For purposes of this section the term "municipality" means any city, county or town. The term "public way" m ans any highway, road, street, cartway, alley or lane or ot er publicly owned interest in real property which is open o the free passage and use of the public . Subd. 2 . In proceedings under statute or charter to vacate a publ ' c way or portion thereof, a municipality may specify the e tent to which such vacation affects existing easements ther in and the extent to which the vacation af fects the authority of any person, corporation or municipality owning or cont olling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or the eunder, to continue maintaining the same or to enter upon su h way or portion thereof vacated to maintain, repair, replac , remove or otherwise attend thereto. History: 1971 c 461 s 1, 2; 1973 c 123 art 5 s 7 :,�F II-i AVL-. 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I�r 151 r I ` , - J ;i�r.:C:�I:s�1.1 � � r • i�-� • 4 �°' � —1__ ��I— '� �suinr . _ � �1 f• V �`�es � _� I _ ' —_J / � I\� �"170.91 i'lAT-IJO.t]YEAS.f _'�••� _� '! ---IJ0.9�PLA7-1.10.10 '_' '' ' � \I�. `� � , . � \ - -,-J�- --- K.-..�-- -- __ _ _ _ _ _ _ _ �.�._.� - .�l" y ' ' Y.J_. .1,�_ _ at_ ."5. ._�- . —._ . —.�_._ — -- --—- -�- ,..-—�'."e .- 3-RD-- -tR-VE.- --N:-E.- --�...-- --�-- , . . � .,u.a,....� � � ... C1TY COUNCIL NiEETI G OF SEPTENiBER 14 1998 PAGE 8 UPON A VOICE VO , ALL MENiBERS VOTiNG AYE, MAYOR JORGENSON DECLARED THE MO N CARRIED UNANINIOUSLY. With regard to the conce addressed by Mr. Rhodes, Councilmember Billings, stated that he understood the situation; wever, by making the additional four lots conforming lots would likely create problems for ther property owners whose lots fell just short of the 8,000 square feet. The City must "draw e line" somewhere. He thou�ht that this proposed change is a very good attempt on the part o City staff to look at the entire Onaway District and try to come up with some kind of resolutio o future problems. He felt that staff had done a very good job. Dick Reiling, Micro Matics tated he felt that staff had done an excellent job of rectifying the situation. He noted that i property was damaged by fire. Passage of this zoning text amendment would allow hi t rebuild his building to the size it was prior to the fire. Doug Petty, 7805 Beech St eet, hanked staff for their expedient work on this matter. He noted that most of the residents in the a ea were in support of this amendment. He extended his sincere thanks to staff. Dick Harris, 6200 Rivervie Terr e, stated that he owns parcels in Block 8 and parcels in East Ranch Estates. He wonde ed if th zoning text amendment would also cover the East Ranch Estate parcels. Ms. Dacy responded that t is zoning text amendment would cover the Onaway Addition. A separate application and pu lic hearin process would be necessary for the East Ranch Estates area. Mr. Harris stron�ly recom ended that t City consider vacatin� the alley that runs east/west behind the four non-confor ing properties, s the alley is unused and serves no real purpose. He also noted that when he se ed on the Plan 'ng Commission several years ago, he indicated that he felt those four parcels s ould be acquire by the City. He felt the City should look at this property again to make it in o a viable parcel. Mr. Harris said he believed here were differenc in allowable uses for the M-1 and M-2 zoning districts. He felt that the ity should consider t effects rezoning may have on some of those businesses. With no further questions r comments, there was MOTION by Councilmember Billings to close the public hearing at 8:30 p.m. Seconded by Cou ilmember Bolkcom. UPON A VOICE VOTE, LL VOTING AYE, MAYO JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY AND T PUBLIC HEARING WAS OFFICIALLY CLOSED T 8:30 P.M. 12. REZONING RE U ST ZOA #98-02 BY ROSLYN PARK WESLEYAN CHURCH TO REZONE PRO ERTY FROM R-2 TWO FAMiLY RESiDENTIAL, TO R-3, MULTI-FAM7LY R STDENT(AL SO THAT ALL OF THE CHURCH PROPERTY - C[TY COUNCIL NiEETIN'G OF SEPTEMBER 14, 1998 PAGE 7 AND ONE HALF ACRES iN SiZE WITH SPECiAL ATTENTION IN T ONAWAY ADDITTON: MOTION by Councilmember Bolkcom to waive the reading and open the public earing at 8:03 p.m. Seconded by Councilmember Billings. UPON A VOICE VOTE, ALL MENIBERS VOTING AYE, MAYO JORGENSON DECLARED THE NIOTION CARRIED UNANINIOUSLY AN THE PUBLIC HEARING WAS OFFICIALLY OPENED AT 8:03 P.M. Ms. Dacy, Community Development Director, explained that the pu ose of this public hearing was to look at two potential amendments to the zoning ordinance. e first would be to create a new district for the Onaway Addition, and the second would be t educe the minimum lot size in the M-2, Heavy Industrial District, from 1.56 acres to 62,000 s are feet. The Onaway Addition was orijinally platted and subdivide �n 1911, and was originally intended for residential zoning. However it has been zoned He Industrial since 1958. In the 1973 Zoning Code, there is a 1.5 acre minimum lot size requ� ement. However there was an exception created that accepted lots that were recorded before e effective date of that ordinance. In the early 1980's the City recodified much of its ordina es, and that exception phrase was eliminated from the M-2 zoning areas. Therefore, the 1.5 a e minimum lot size was required. Most of the development of the Onaway District occurre during the 1950's and 1970's under the 1973 Zoning Code, which explains why much of e industrial development in the area occurred on smaller lots. This public hearing would establish a ne special district for this subdivision. At the present time, out of 54 industrial lots, there are o two that can meet the 1.5 acre requirement. Therefore, staff recommended that the code b e-written for this particular area to have a minimum lot size of 10,000 square feet. This woul ccommodate most of the lots in the Onaway District. The second part of the public earing dealt with the other parcels that would be affected by this proposed change. These rcels are in the immediate area of the Onaway District. Staff requested that Councii c ge the lot size from 1.5 acres to 62,000 square feet. This would resolve non-conforming t sizes for at least three lots. There are also approximately eight parcels in the area,just east o e Ona�vay Addition, that do have lot areas which range between 52,000 square feet to 60,00 square feet. Staff sug�ested that in the immediate future the City evaluate the potential rezon' g of some of these parcels as well. Ms. Dacy note hat the Planning Commission concurred with staffs recommendation. She noted that a letter s received from Mr. Jim Rhode, of Rhode's Lock & Glass, 39 - 77th Avenue N.E. In this lett , Mr. Rhodes stated his concern that his property would remain as one of the four non-conf ing lots. He suggested that Council consider making all of the lots in the area confor ' g. MO N by Council��ember Bolkcom to receive the letter from Mr. Jim Rhodes, dated Se mber 14, 1998, into the record. Seconded by Councilmember Barnette. L_ ' . � � � � CiTY COU1�'CIL NiEETI� G OF SEPTEMBER 14 1998 PAGE 9 IS LOCATED WITH N A SiNGLE ZONING DTSTRTCT GENERALLY LOCATED AT 5300 SIXTH STR ET N.E. WARD 1 : MOTION by Councilmemb r Billings to waive the readin� and open the public hearing at 8:31 p.m. Seconded by Cou cilmember Barnette. UPON A VOICE VOTE, LL VOTING AYE, NIAYOR JORGENSON DECLARED THE NIOTION CARRIED NANINIOUSLY AND THE PUBLIC HEARING WAS OFFICiALLY OPENED T 8:31 P.iVi. Mr. Scott Hickok, Planning oordinator, explained that this was a rezoning request from Rosyln Park Wesleyan Church, loca ed at 5300 Sixth Street N.E. They also own the three lots across the alley, along Fifth Street. At he present time, half of the property is zoned R-2, and the other half is zoned R-3. The church was looking at a future expansion and would like to rezone the property now to facilitate t eir plans. Staff determined that the rezoning request does meet the criteria and recommended th rezoning. The Planning Commission also approved the rezoning. There was discussion as to he purpose of the rezoning, especially since churches are allowable uses in both the R-2 and -3 districts. Mr. Hickok explained that although it would not be required, staff did not disco rage the rezoning request, which was discussed at the time the applicant came in to request an alley vacation for the property. Mr. Hickok discussed the request for alley vacation which Roslyn Park Wesleyan Church requested. He noted that t ere is an alley which currently runs through the center of the church property. To the north is residential area that shares the alley. One home, in particular, will need to retain their access o their garage. Another property owner has his garbage collected from the alley area. The c urch has put together a proposal that has been reviewed by staff, which wouid allow access o those residential property owners who want to continue to have access to the alley, while va ating a portion for the church's long-range master plan. Mr. Hickok provided plans to indicate the location of the proposed access drive. Mr. Gary Brewster, Pastor f the Roslyn Park Wesleyan Church, stated it is their understanding that if both sides of the a(le were zoned the same, it would be helpful in developing the master plan in its entirety. With no further questions r comments, there was a MOTION by Councilmember Billings to close the public hearing at 8 40 p.m. Seconded by Councilmember Bolkcom. UPON A VOiCE VOTE, LL VOT[NG AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED NANIMOUSLY AND THE PUBLIC HEARING WAS OFFFICIAL CLOSED A 8:40 P.M. 13. ZONING TEXT A TENDM T ZTA #98-01 BY CELLNET DATA SERVICES MSP INC. TO A LOW A TOMATiC NIETER READTNG DEVICES �N THE PUBLiC RIGHT-O -WAYS A ON PUBLTC UTiLiTY STRUCTURES: MOTION by Councilmem er Barnette to o n the public hearing at 8:41 p.m. Seconded by Councilmember Bo(kcom. f � � � w C(TY COUNCIL NIEETING OF SEPTEMBER 14, 1998 PAGE 10 UPON A VOICE VOTE, ALL VOTiNG AYE, NIAYOR JORGENSON DECLARED THE MOTION CARR[ED UNANII�IOUSLY. Mr. Hickok, Planning Coordinator, explained that CellNet Data Services requested a zoning text Amendment to allow the location development of Micro Cell facilities. The Planning Commission considered the request and the lan�ua�e modifications to the City's existing telecommunications ordinance at their August 19, 1998 meeting. Modifications to the ordinance were kept very specific to automatic meter readin� devices. Cellnet wouid like to provide language in the code to allow for the placement of AMRD (Automatic Meter Reading Devices). Mr. Hickok provided a picture of�vhat the micro-cell automatic meter reading devices look like. They would, in most instances be placed on existin� Northern States Power poles in approximately 140 locations. Mayor Jorgenson asked what impact these devices would have on children and pets in the residential areas and the effects it �vould have on invisible fencing in the areas. Robert Egerer, CeIINet Data Services, stated that their company operates within a federally licensed band width. It does not interfere with radios, cellular phones, etc. Councilmember Bolkcom asked how soon residents would be converted to the automatic meter reading system. Mr. Egerer stated it is their hope that this can be completed by the end of this year. Mayor Jorgenson asked if trees would need to be trimmed to allow for the signal. Mr. Egerer explained that they do a significant ai��ount of survey work prior to the installations. If necessary they may be able to automatically switch the meter readin� device over to another reader. With no further questions or comments, there was a MOTION by Councilmember Bolkcom to close the public hearing at 9:01 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, NIAYOR JORGENSON DECLARED THE MOTION CARRIED UNANINiOUSLY AND THE PUBLIC HEARING WAS OFFICIALLY CLOSED AT 9:01 P.M. 14. SUPPLEMENTAL PUBLiC HEARIIVG FOR CENTRAL AVENUE iMPROVE-ENT PROJECT NO. ST. 1998-4: MOTION by Councilmember Bolkcom to open the public hearing at 9:02 p.m. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION CARRIED UNANTNIOUSLY AND THE PUBLIC HEARING WAS OPENED AT 9:02 P.M. Mr. Jon Haukaas, Assistant Public Works Director, stated that the purpose of the supplemental public hearing was to add properties for possib(e assessment to the Central Avenue Improvement Project. The original public hearing dealt mainly with the west side of Centrai Avenue from Rice `<"�};::.-:�;�>::��`�/ '>: �: .;:<>.::;�'•,.::`;:�"s+�.... ?� �� ,......,z::�;; :»::.::�:::"z..< �� MEMORANDUM ;:�:��,t :;'::';:::_:'::>:<:��::<:<:`<::«�<�:, € �� PLANNING DIVISION ' ;€iedevelopmerrt �tonomic <;�'::?>:>;:: �evelopmerrt ><;;;:,+'!'?'''. ....._.::��c��. DATE: Septemb r 30, 1998 � TO: William . Burns, City Manager �� FROM: Barbara acy, Community Development Director � Scott J. ickok, Planning Coordinator SUBJECT: Resoluti n Approving a Vacation Request, SAV#98-02, by Roslyn Park We leyan Church, 5300 6"' Street. On September 2, 199 , the Planning Commission considered a vacation request by Gary Brewster, Ro lyn Park Wesleyan Church. The purpose of their request was to vacate an alley that bisects the Church property, thereby allowing the land to be contiguous and t allow the Church to master plan for future expansion. PLANNING COMMIS ION RECOMMENDATION The Planning Commis ion recommended approval of vacation request SAV#98- 02, with 11 stipulation . On September 14, 19 8, the City Council considered this request and held their decision off until the O tober 5, 1998, meeting (at the petitioner's request). The petitioner asked that t e resolution be re-worded to simplify the recording process at Anoka County. Note the resolution ha been re-worded somewhat from the version first reviewed by the City Council. T e following changes were made: 1. Stipulation #1 was modified to not be specific to addresses, but instead to keep an easement ope for those needing access (new stipulation #2). 2. Stipulation #2 was modified to state that the City will retain an easement for utility purposes (n w stipulation #1). 3. Stipulation #3 was eliminated because at such time as the easement defined in new Stipulation #1 is vacated, we will require the replacement easement. 4. Stipulation #4 bec me new stipulation #3 5. Stipulation #5 bec me new stipulation #4 2.01 6. Stipulation #6 had o changes 7. Stipulation #7 beca e stipulation #5 8. Stipulation #8 beca e stipulation #7 and further defined the period of the hold harmless. 9. Stipulation #9 beca e stipulation #8 10.Stipulation #10 bec me stipulation #9 11.Stipulation #11 bec me stipulation #10 The surveyor for the p titioner has spoken with the County Recorder's office and believes that the revis d version will be easier(and more economical)to record. Staff has analyzed the changes and has determined that the City is adequately protected with the stip lations as they have now been presented. RECOMMENDED AC ION Concur with the Planni g Commission's recommendation to vacate a portion of the alley and approve the ttached revised resolution. 2.�2 RESOLUTION NO. -1998 A RESOLUTION APP OVING A VACATION, SAV#98-02, GENERALLY LOCATED AT 5300 6T STREET I WHEREAS, the Plann ng Commission held a public hearing on the vacation, SAV #98-02, On August 19, 1998, and September 2, 1998, and recommended approval to vacate: The alley legally described as: All that part of the alley adjacent to Lots 11,12,13,14,15, 6,17,18,19, and 20, Block 15, HAMILTON'S ADDITION TO MECHANIC VILLE, Anoka County, Minnesota. WHEREAS, the City ouncil held a public hearing at their September 14, 1998 meeting and the petitio er determined he needed additional time; and WHEREAS, the City C uncil further evaluated and approved the vacation request at their October 5, 199 meeting; and � WHEREAS, the vacati �n request has been made and processed in conformance with Minnes t t t atut and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, E IT RESOLVED, that the City Council of the City of Fridley hereby approves the v cation, SAV#98-02, and authorizes the City Clerk to amend Appendix C of t e City Code as follows: That portion of the alle in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, A oka County, Minnesota as described above, be and is hereby vacated with th following stipulations: 1. That the City of Fridley does hereby retain an easement for utility purposes over and across sai lands, including the right to enter upon said lands to maintain, repair, re lace, remove, or otherwise attend to existing utilities; 2. That the City of Fridley does hereby retain a temporary easement for ingress and egress across aid lands, said easement to continue in full force and effect until an access eas ment has been provided to the City across Lots 20 and 21, Block 15, and an i proved surface constructed within said easement in accordance with a lan to be submitted and approved by the City. 3. The petitioner shall pply for and receive a special use permit prior to expansion of their c urch facility. 4. The petitioner shall rovide an easement to provide Amoco continued rights across the former a ley. 5. The petitioner shall ot alter the alley across their property , or in any way limit access by adjacent property owners, until the new access has been completed. 6. The petitioner shall rovide the improved asphalt or concrete access to 5�' Street in accordanc with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall hold harmless the City from any damage or injury that occurs during the r construction of the alley. 8. The petitioner shall provide reasonable seasonal maintenance as necessary to assure access to a d from the non-vacated portion of the alley. 9. The petitioner shall receive approval for the turning radius which is to be adequate to handle emergency vehicles. 10. The alley shall be s fficiently labeled to prevent the entrance from being blocked. PASSED AND ADOP D BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF OC OBER, 1998. NANCY J. JORGENSON - MAYOR Attest: DEBRA A. SKOGEN - CITY CLERK r Y �� RESOLUTION NO. 67 - 1998 � A RBSOLUTI N APPROVINa A VACATION, 3AV #98-02, — GENS LY LOCATBD AT 5300 6� STRBS"P Whereas, the Planning C mmission held a public hearing on the vacation, SAV #98-02, on August 1 , 1998, and September 2,� 1998 and recommended approval to vacate: The alley legally described as: All that part of the alley adjacent to Lots 1, 12, 13, 14, 15, 16, 17, 18, 19, and 20, Block 15, HAMIL ON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota. Whereas, the City Counc 1 held a public hearing at their September 14, 1998 meeting and the pe itioner determined he needed additional time; and Whereas, the City Counc'1 further evaluated and approved the vacation request at their Octobe 5, 1998 meeting; and Whereas, the vacation r quest has been made and processed in conformance with and pursuant to Section 12 .07 of the City Charter and Chapter 205 of the Fridley City Code. � NOW, THEREFORE, BE IT SOLVED that the City Council of the City of � Fridley hereby approves the vacation, SAV #98-02, and authorizes the �-- City Clerk to amend App ndix C of the City Code as follows: That portion of the all y in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka C unty, Minnesota as described above, be and is hereby vacated with the following stipulations: 1. That the City of ridley does hereby retain an easement for utility purposes ver and across said lands, including the right to enter upon sai lands to maintain, repair, replace, remove, or . otherwise attend o existing utilities; 2. That the City of ridley does hereby retain a temporary easement for ingress and e ress across said lands, said easement to continue in full orce and effect until an access easement has been provided to he City across Lots 20 and 21, Block 15, and an improved surface onstructed with said easement in accordance�with a plan to be subm'tted and approved by the City. 3 . The petitioner sh 11 apply for and receive a special use permit prior to expansio of their church facility. 4. The petitioner sh 11 provide an easement to provide Amoco continued rights cross the former alley. . . y �� c� Resolution No.67-1998-Page 2 ' 5. . The petitioner sh 11 not alter the alley across their property, or — in any way limit ccess by adjacent property owners, until the new access has been c mpleted. 6. The petitioner sh 11 provide the improved �sphalt or concrete access to 5th Stre t in accordance with a plan to be submitted and approved by the C'ty prior to installation. 7. The petitioner sh 11 hold harmless the City from any damage or injury that occur during the reconstruction of the alley. 8. The petitioner sh 11 provide reasonable seasonal maintenance as necessary to assu e access to and from the non-vacated portion of the alley. 9. The petitioner sh 11 receive approval for the turning radius, which is to be ad quate to handle emergency vehicles. 10. The alley shall b sufficiently labeled to prevent the entrance from being blocke . PASSED AND ADOPTED BY E CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5� DAY OF OCTOBER, 1998. I � � NANC . •J R SON - MAYOR ATTEST: / • DEBRA A. S EN - ITY LERK . , STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Vacation Reque t, SAV#98-02 Owner: The lowa-Minnesota istrict of the Wesleyan Church, Inc. The above entitled matter came bef re the City Council of the City of Fridley and was heard on the 5th day of October, 1998, on a petition for a v cation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate an alley that bise ts the church property to facilitate future expansion of the church, legally described as all that part of t e alley adjacent to Lots 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20, Block 15, HAMILTON'S ADDITIO TO MECHANICSVILLE, Anoka County, Minnesota, generally located at 5300 Sixth Street NE. IT IS ORDERED that a vacation be ranted as upon the following conditions or reasons: Approved with 10 stipulations. See City Council meeting minutes of October 5, 1999. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for th City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy nd Order granting a vacation with the original record thereof preserved in � my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto s bscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the o�N� day of � , 200 ,�. DRAFTED BY: �k�. ��,�,_,,a City of Fridley � �".�• ��{��,,�,' , 6431 UniversityAvenue N.E. � ' �� ' '•.`a` ', Fridley, MN 55432 � Debra A. Skogen, City Clerk ;�.�;: � j N � ` �' '• ' I . , '"M �F'" . � ; M, . � � I d L`a: ti,4+� " `�' 't ` ,.� � , �i � ,.:�, �� : �` '�'k `��^ ,' f¢ � /. � : J+� • 'r, t .� . ".' , �• •: � �; a •. ,�/�7 -� r��;,• (SEAL) , , ,, �,� , :... ��"''�+.�.�».�.;.. ' ` . CiTY COU`'CiL i�iEET NG OF OCTOBER 5 1998 PAGE 2 Street be rezoned f om R-2 and R-3 to R-3. The rezonin� would bring the entire church property under R-3 zoning. The rezoning request would facilitate long-range plans for expansion of the ch rch. The first readin� of this ordinance was approved by Council at their September 14 eeiin�. APPROVED OR INAtiEE NO. 1119 TO ANIEND THE CITY CODE OF THE CITY OF FRID EY, �[1`ti'NESOT�, BY NI�KING A CH:�NGE L�1 ZONING DISTRICTS (R ZONING',, REQUEST ZO� #98-02, BY ROSLYN PARK WESLEYAN CH RCH)(W��D i). 2. RESOLUTiON i O. 67-1998 APPROVTNG A VACATION S�V #98-02 GENERALLY L CATED AT 5300 SiXTH STREET N.E. BY ROSLYN PARK �VESLEYAN CH RCH WARD 1 T�►BLED SEPTEi�iBER 1� 1998 : Mr. Fiurns, City ti1 I na�er, expiained that the petitioner is re�uesting that the City vacate an alley that bisects the church property to facilitate future expansion of the church. The request was tabled t the September 14 City Council meetin� at the petitioner's request, to allow additional ti e to re-�vord the stipulations to simplify the recordin� process at Anoka County. Chan�es were mad as follows: 1) Stipulation No. 1 was modified in a manner that eliminated referenc s to specific addresses. The new language requires that an easement be maintained for t ose needin; access; 2) Stipulation No. 2 was re-worded to state t"at the City will retain n easement for utility purposes; 3) Stipulation No. 3 w�as eliminated. At such time as th City's utility easement is vacated, the City will have the ability to require a new ease ent; 4) Stipulation No. 7 was refined to clarify the church's "hold harmless" requirem nt. The intent is that the church hold the City harmless for injuries or damages sustained urin� construction; �) Other chan�es related to the re-orderin� of the eleven stipulations. ADOPTED RES LUT[ON NO. G7-1998, APPROVING A VACATION, SAV #98-02, GENERA LY LOCATED AT 5300 S[XTH STREET N.E. (BY ROSLYN PARK WESLEY N CHURCH). � 3. CLATi�iS: APPROVED PAY IEI� OF CLAfvI NOS. 83130 - 83390. � \ 4. LICENSES: APPROVED LI ENSES AS 'iSTED ON PAGES 4.01 AND 4.02 OF THE � COUNCIL AGEN A. ''�,� � \ � � \ , • � � �� R$SOLUTION NO. 67 - 1998 I A R}3SOLUTI N APPROVING A VACATION, SAV #98-02, �-- . GFsNE LY LOCAT}3D AT 5300 6� STREET Whereas, the Planning C mmis�ion held a public hearing on the vacation, SAV #98-�2, on August 1 , 1998, and September 2,� 1998 and recommended approval to vacate: The alley legally described as: All that part of the alley adjacent to Lots 1, 12, 13, 14, 15, 16, 17, 18, 19, and 20, Block 15, HAMIL ON'S ADDITION TO MECHANICSVILLE, Anoka County, Minnesota. Whereas, the City Counc 1 held a public hearing at their September 14, 1998 meeting and the pe itioner determined he needed additional time; �n� Whereas, the City Counc 1 further evaluated and approved the vacation request at their Octobe 5, 1998 meeting; and Whereaa, the vacation r quest has been made and proceased in conformance with and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. � NOW, THEREFORE, BE IT R SOLVED that the City Council of the City of I � Fridley hereby approves the vacation, SAV #98-02, and authorizes the -- rity Llerk to amer.d Fpp �3ix C cf t�ze Ci�y CodE as =ollows: That portion of the all y in Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, Anoka C unty, Minnesota as described above, be and is hereby vacated with the following stipulations: 1. That the City of ridley does hereby retain an easement for utility purposes ver and across said lands, including the right to enter upon sai lands to maintain, repair, replace, remove, or . otherwise attend o existing utilities; 2. That the City of ridl�y daes her��y r��ain a ter.!per�ry ea4emer_t for ingress and e ress ac.ross said lands, said ease:�ent to continue in full orce and effect until an access easement has been provided to he City across Lots 20 and 21, Block 15, and an improved surface onstructed with said easement in accordance with a plan to be subm tted and approved by the City. 3 . The petitioner sh 11 apply for and receive a special use permit prior to expansio of their church facility. 4 . The petitioner sh 11 provide an easement to provide Amoco continued rights cross the former alley. ` •� � - �'�� a Resolution No.67-1998-Page 2 � ! 5. . The petitioner sha 1 not alter the alley across their property, or �— in any way limit a cess by adjacent property owners, until the new access has been co pleted. 6. The petitioner sha 1 provide the improved �sphalt or concrete access to 5th Stree in accordance with a plan to be submitted and approved by the Ci y prior to installation. 7. The petitioner sha 1 hold harmless the City from any damage or injury that occurs during the reconstruction of the alley. 8 . The petitioner sha 1 provide reasonable seasonal maintenance as necessary to assur access to and from the non-vacated portion of the alley. 9. The petitioner sha �. receive a�provai for tne turnirig radius, ' which is to be ade ate to handle emergency vehicles. 10. The alley shall be sufficiently labeled to prevent the entrance from being blocked PASSED AND ADOPTED BY T CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5� DAY OF OCTOBER, 1998. � NANC . .J R SON - MAYOR ATTEST: / - DEBRA A. S EN - ITY LERK . TORRENS ' ' �' � ��5� G�� ❑ Certified Copy Receipt# / Date Mailed Date/Time: � ��/�� ❑ Tax Liens/Releases Doc.Order � ot�_ � Multi-Co Doc Tax Pd DOCUMENT N0. 3 52 743 . 0 TORRENS ✓by: Recordability: ❑ Transfer �New Desc. ANOKq COUNTY MINNESOTA Filing Fees: J ❑ Division ❑ GAC I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE ❑ Status ❑ Def.Spec FOR RECORD ON APR 2 5 2�� Wel!Certificate AT 5 : �0 PM AND WAS DULY RECORDED. Received this Date: ❑ Other ❑ No Change $19 . 5 0 FEES AND TAXES IN THE AMOUNT OF PAID. Refund Rec't# Notes: RECEIPTNO. 2000032052 From Q� p #of O Comp. EDWARD M.TRESKA Cert. # U �/ New Certs.: Entry ANOKACOUN7YPROPERIYTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES Tract Comp. TAP Typed�__ Updated: / Complete By BK � CO PG �3g9 NO Q�,3a / DEPUIYPROPER7YTAXADMINISTRATOR/RECORDER/REGISTRAROFTITLES 9 I il 352743.Q TORRENS FRIDL�Y CITY (3f VALEi2IE ERICiCSON 6431 UNIVEI�SiTY AYE 1V� FRiDLEY. MN 5�4:32 ULTEIG ENGINEERS, iN . LETTER OF TRANSMITTAL 5201 East River Road Suite 308 MINNEAPOLIS, MINNESOTA 55421 �ATE 7/20/98 PRo�. No. 96723.00 __ __ _-- ATTENTION SCOtt HICkOCk (612) 571-2500 PROJECT _ ---- - FAX (612) 571-1168 ROSLYN PARK CHURCH '. C'-��:�' ��- _--- _ . __ -- i -__ _ --- -- - - --- � TO City of Fridley i _ _ _-- ---- �� -------- - ---_ --- � -- --- --- ---- 6431 University Avenue NE _ � __ . __ -- - ------ __--- --- --- , �------- _.-------_ __ _---- Fridley, MN, 55432 'i I WE ARE SENDING YOU ttached Under separate cover via the following items: Shop drawings rints Vellums Sepias Specifications I Mylars X, opies of Correspondence with Utilities COPIES DATE REV. DESCRIPTION _ _ _ ___ _ ____ _ _ _ _ _ __ __ _ ._ _. . - __-- - --- -- ---- --- --. ------- -_ - ---_I --- ..-- -- ---__._ �_ _ _----- -_ _ ___------_ -- ---- ------- --- __ �- - - --- � ___ _ _-__ ---- -- _--- ----_ _-- _ ._.---__ ---- ----- --�--- __-- -�------- --� -- _ , __-_.._ ----- ------___ __._-- __ ---------- -- � �, � -- r--___ . _._ ___ -- --________ ________ - ----- _____. _ ___._------ ----- _----- ---- _ _-- ---_ ____ ----- --- -,._--- - ------- -_ _--- --- ---- - - ------- --- _ _ _ � � � i � ---- t---- ---- ___ - - __----�------ _ � ___-i_ _ _ - _. _-_-----._____— _ .___ THESE ARE TRANSMITTED as checked below: For approval or review and comment ' Approved as noted X For your use pproved as submitted Returned for corrections X As requested REMARKS ---- ---__- --_ _ _ —_ _ -__ - _ ------___- ---- _-- --- ___- ____ __ ----_ Please call with any questions. _--._ _- __ COPY TO _ _ _ - . _ _ _--- ___ _ _ , _ / -- SIGNED , � KEITH M. GRAHAM if e closures are not as noted, kindly notify us at once. CONSULTING ENGINEERS PHONE 612-577-2500 FAX 612-571-1165 i�/��.'�� , , ULTEIG ENGINEERS, iNc. j� --� 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 /i: July 20; 1998 Amoco Pipeline company 28100 Torch Parkway Suite 800 Warrenville, IL, 60555 Att'n: Mike Hayden : RE: ROSLYN PARK C URCH ALLEY VACATION Mr. Hayden; I spoke with Scott Hicko k, the City of Fridley Planning Coordinator. He indicated that Amoco an the' church would need to put together the easement document covering the pi eline across the alley, and that the Vacation Resolution would be contingent upo that easement. Please contact Pastor Ga y Brewster at: Roslyn Park Wesl an Church 5300 Sixth Street .E. Fridley, MN, 5542 TeL (612) 572-809 If you have any further uestions, please call. Yours truly, � � , ��, ; i,��. Keith M. Graham, R. L. . Ulteig Engineers, Inc. �,•` `•° > ��:. C E�' �� . C EQUAL OPPORTUNITY EMPLOYER ��Y�C�� - ,,r� �_ �� -� CONSULTING ENGIN�ERS PHONe sizs�i-2soo I FAX 612-577-116H I � ULTEIG ENGINEERS, irvc. �� /__ � ----J _ 5201 EAST RIVER ROAO,SUITE 308 MINNEAPOUS,MN 55421 ' June 23, 1998 � Mr. Gordy Chapin Customer Service Design Representative Northern States Power C mpany 1518 Chestnut Avenue N rth Minneapolis, MN, 55403 Mr. Chapin; Recently you met with M . Mark Peterson of this office regarding future plans at Roslyn Park Wesleyan C urch. The church, located at 5300 6th Street North, is petitioning the city of Fri ley for vacation of the alley adjacent to the church. The alley runs North from 53 d Street to 54th Street,, between 5th Street and 6th Street. The purpose of t e alley vacation is to allow future expansion of the church building and park ng lot. NSP, U. S. West and Par gon Cable have facilities on the N.S.P. power poles in the alley. It is assumed at the city will retain an easement for utility purposes over the vacated alley adjacent to Lots 1 through 10 and 22 through 30. Roslyn Park Church owns Lots 11 through 21, and wishes to provide an easement for future re-location of the oles. We have prepared a proposed easement description across the church parcel. We are enciosing two copies of the proposed description, and the proposed site pla showing the proposed easement. The city of Fridley is not equiring that the poles be re-located at this time. At your meeting with Mr. P terson, you indicated that N.S.P. would leave their poles in the current location u til the church expansion occurs. If the proposed easement and future re-location are acceptable, please send us a brief letter to that effect. Yours truly, , � �, s*'� Keith M. Graham, R.L.S. Ulteig Engineers, Inc. cc: Pastor Gary Brewster Roslyn Park Church ��< <, :- °, . . ��C E � EQUAL OPPORTUNITY EMPLOYER ✓ ° .�.�... CONSULTING ENGINEERS PHONe si�-s�i-zsoo FAX 672-577-1168 ULTEIG ENGINEERS, iNc. -- 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOUS,MN 55421 June 23, 1998 Mr. Joe Brownrigg Paragon Cable Desig:� D partment 10201 Crosstown Circle Eden Prairie, MN, 55344 � Mr. Brownrigg; Roslyn Park Wesleyan C urch, located at 5300 6th Street North, is petitioning the city of Fridley for vacatio of the alley adjacent to the church. The alley runs North from 53rd Street t 54th Street, between 5th Street and 6th Street.' The purpose of the alley vaca ion is to allow future expansion of the church building and parking lot. NSP, U. S. West and Par gon Cable have facilities on the N.S.P. power poles in the alley. It is assumed hat the city will retain an easement for utility purposes over the vacated alley ad acent to Lots 1 throu�h 10 and 22 through 30. Roslyn Park Church owns Lots 1 through 21, and wishes to provide an easement for future re-location of the oles. We have prepared a proposed easement description across the church parc�l. We are enclosing two copies of the proposed description, and the proposed site pla showing the proposed easement. The city of Fridley is not requiring that the poles be re-located at this time. N.S.P.'s Customer Seivic Design Representative, Gordy Chapin, has indicated that they would leave th ir poles in the current location until the church expansion occurs. If t.he proposed easement and future re-location are acceptable to Paragon Cable, please send us a brief let er to that effect. Yours truly, , ;. �"�. Y "`'`, _._. � � Keith M. Graham, R.L.S. Ulteig Engineers, Inc. cc: Pastor Gary Brewster Roslyn Park Church �,.< <,` , : . `i C E " ` EQUAL OPPORTUNfTY EMPLOYER e.�-C-�:�� CONSULTING ENGINEERS PHONE 612-571-2500 FAX 612-571-1168 � ULTEIG ENGINEERS, iNc /� ---1 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS.MN 55427 � � / June 23, 1998 Mr. Ron Tombarge U. S. West Engineering epartment 9700 Schmidt Lake Road, Room 155 Plymouth, MN, 55442 Mr. Tombarge; Roslyn Park Wesleyan C urch, located at 5300 6th Street North, is petitioning the city of Fridley for vacati n of the alley adjacent to the church. The alley runs North from 53rd Street t 54th Street, between 5th Street and 6th Street. The purpose of the alley vaca ion is to allow future expansion of the church building . and parking lot. : NSP, U. S. West and Pa agon Cable have facilities on the N.S.P. power poles in the alley. It is assumed hat the city will retain an easement for utility purposes over the vacated alley a 'acent to Lots 1 through 10 and 22 through 30. Roslyn Park Church owns Lots 1 through 21, and wishes to provide an easement for future re-location of the oles. We have prepared a proposed easement description across the church parcel. We are enclosing two copies of the proposed description, and the proposed site pl n showing the proposed easement. The city of Fridley is not requiring that the poles be re-located at this time. N.S.P.'s Customer Servic Design Representative, Gordy Chapin, has indicated that they would l�ave th ir poles in the current location until the church expansion occurs. If the proposed easemen and future re-location are acceptable to U. S. West, please send us a brief le ter to that effect. Yours truly, /��_�y, � ' �:- ;� / �-'��'� /�n , �,�--: - . Keith M. Graham, R.L.S Ulteig Engineers, Inc. � � cc: Pastor Gary Brewste Roslyn Park Church .�,` `,� � \ �� _%C E�� o EQUAL OPPORTUNITY EMPIAYER ��:C `\ .. CONSULTING ENGINEERS PHONE 612-5�1-2500 FAX 672-571-1168 U LTEIG ENGI N EERS, iNc ' - 5201 EAST RIVER ROAD,SUITE 308 � MINNEAPOLIS,MN 55421 , LEGAL DESCRIP ION FOR: ROSLYN PARK WESLEYAN CHURCH P OPOSED UTILITY EASEMENT An easement for utility p rposes over, under and across all that part of Lots 1l, 16, 17, 18, 19, 20 and 21, and the vacated alley adjacent thereto, Block 15, HAMILTON'S ADDITIO TO MECHANICSVILLF, Anoka County, Minnescta, which lies within a strip f land 16.00 feet in width, the centerline of said strip being described as follow : Commencing at the Sout easterly corner of said Lot 16; thence North 89° 03' S6" West along the South lin of said Lot 16 for a distance of 3.00 feet to th� actual point of beginning of the enterline to be described; thence North 03° 52' 04" West for a distance of 39.14: fe t; thence North 03° 16' 59" West for a distance of 65.18 feet; thence North 05° 31 13" East for a distance of 100.25 feet; thence North 00° 12' 17" West for a distan e of 34.51 feet, more or less, to a point of intersection with the Easterly extensi n of the Northerly line of Lot 21 of said Block 15, and there terminating. The side lines of said stri shall be lengthened or shortened as necessary to form a closed figure. kmg 6/23/98 � :`�` `'°. � . . "�C E EQUAL OPPORTUNITY EMPLOYGR � t. C. ` � �� CONSULTING ENGINEERS ' PHONE 612-577-2500 • FAX 612-571-1168 � ; - ULTEIG ENGINEERS, irvc. - � 5201 EAST RIVER ROAD,$UITE 308 MINNEAPOLIS,MN 55421 July 17 , 1998 Amoco Pipeline comp ny � 28100 Torch Parkway Suite 800 Warrenville, IL, 60555 Att 'n: Mike Hayden Mr . Hayden; Enclosed is the des ription which we have revised as you requested. Please let us know if this format is satisfactory. The contact at the ity of Fridley is : Mr. Scott Hick ck, Planning Coordinator City of Fridle 6431 Universit Avenue NE Fridley, MN, 55432 Tel . (612 ) 572-3599 Mr . Hickock is out f the office today, but I left a message asking which method of retaining the Amoco easement would be preferred by the ci y. As soon as I hear from him, I will relay that information. If needed, you may each Pastor Gary Brewster at : Roslyn Park We leyan Church 5300 Sixth Str et N. E. � Fridley, MN, 55421 Tel . ( 612 ) 572-8094 If you have any fur her questions , please call . Yours truly, ,/'�� .��-- �-^�- Keith M. Graham, R. L. S . Ulteig Engineers , I c . `�•` `,� . �;. : C E��. C EQUAL OPPORTUNITY EMPLAYER �0Y�C�� r CONSULTING ENGINEERS PHONE 612-571-2500 ' I FAX 612-571-1168 � / ,�'�� ULTEIG ENGINEERS, irvc. � 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 ;/ LEGAL DESCRIP ION FOR: ROSLYN PAF,K WESLEYAN CHURCH EASEMENT O BE RESERVED FOR AMOCO PIPELINE A non-exclusive easemen for an oil and gas products pipeline under and across all that part of the following described tracts: The East half of t at part of the vacated alley in Block 15, HAMILTON'S ADDITION�TO M CHANICSVILLE, Anoka County, Minnesota, lying between the weste ly extensions across it of the North line of the South half of�,ot 11 and the outh line of Lot 15, said Block 15; AND The West half of t at part of the vacated alley in Block 15, HAMILTON'S ADDITION TO M CHANICSVILLE, Anoka County, Minnesota, lying between the easte ly extensions across it of the North line of Lot 17 and the South line of Lot 1 , said Block 15; Which lie within a strip f land 50.00 feet in width, said strip lying 25.00 feet on either side of the followi g described centerline: Commencing at th Southeast corner of Lot 15 of said Block 15; thence North along the E st line of said Lot 15 for a distance of 5.84 feet to the point of beginning f the centerline to be described; thence Westerly to a point on the West ine of Lot 16 of said Block 15, said point being 5.90 feet North of the Sout est corner of said Lot 16. Said strip being 12.00 fe t in length, and lying 25.00 feet Northerly and 5.86 feet Southerly of the above d scribed centerline. kmg 7/17/98 .`�` `,° a .♦ ;C E` I" EQUAL OPPORTUNITY EMPIAYER J �a��: . :� �C6 , COU NTY OF ANOKA OfJice of the Examiner of Titles COURTHOUSE ANOKA, MINNESOTA 55303 612-422-7485 James J. Pauly Ezaminer of Titles July 14, 1998 f: - ,_,_ ',�:::;� �(�° � .1 � - r; �;,c`Ff Keith M. Graham f'''`.. � Ulteig Engineers, Inc. �� -'':`v 5201 East River Road, Suite 08 Minneapolis, MN 55421 re: Proposed Vacation o Alley Block 15, HAMILTO 'S ADDITION TO MECHANICSVILLE (Your letter of July 9 1998) Dear Mr. Graham: I I have reviewed the drawings which accompanied your above-referenced letter, which I received on July 13, 1998, and I offer the following comments in response to your inquiry. Because the alley which extends through Block 15, HAMILTON'S ADDITION TO MECHANICSVILLE, was d dicated prior to the registration of the lots in that block, the alley is, in fact, registered land. Regis ration of platted land includes adjoining streets and alleys which accrue to such land upon vacation. Consequently, the vacated alley can be added to the land description of the current certificates of itle by examiner's directive; a new initial registration is not necessary. I recommend using the follo ing descriptions, given the lot combinations on the certificates of title owned by the church: Certificate Number Vacated Allev Description 12546 The ast half of that part of the vacated alley in Block 15, HAMILTON'S AD ITION TO MECHANICSVILLE, Anoka County, Minnesota, lying betw en the westerly extensions across it of the north line of the south half f Lot 11 and the south line of L,ot 15, said Block 15. 14199 The ast half of that part of the vacated alley in Block 15, HAMILTON'S AD ITION TO MECHANICSVILLE, Anoka County, Minnesota, lying betw en the westerly extensions across it of the north line of Lot 11 and the s uth line of the north half of said Lot 11, said Block 15. Aff rmative Action / Equal Opportunity Employer . , Keith M. Graham Page 2 July 14, 1998 Certificate Number Vacated Al1e�Description 15010 The west half of that part of the vacated alley in Block 15, ILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Min sota, lying between the easterly e�rtensions across it of the north line f Lot 17 and the south line of L,ot 16, said Block 15. 44292 The west half of that part of the vacated a11ey :n Blcck 15, ILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Min esota, lying between the easterly extensions across it of the north line f L.ot 19 and the south line of I,ot 18, said Block 15. 21634 The west half of that part of the vacated alley in Block 15, H ILTON'S ADDITION TO MECHANICSVILLE, Anoka County, Min esota, lying between the easterly extensions across it of the north line f Lot 21 and the south line of Lot 20, said Block 15. A certified copy of the muni ipal resolution or ordinance vacating the alley must be �led with the registrar of titles and memori lized on each certificate of title owned by the church. The registrar's fee for filing the certified co of the resolution or ordinance and entering the memorial thereof is $19.50 per certificate, for a t tal of$97.50. After this has been done, the church should direct its written request for an examiner's directive to my attention and I will then irect the registrar of titles to add the land descriptions set forth above to the respective certificates f title. The fee for�ling this written directive is $19.50 per certificate, for a total of $97.50. Based on a total of�ve certifi ates, this process would therefore cost the church $195.00. I think that most lenders and prospective purchasers would eYgect to have the process completed, and for that reason doing so might be a w se idea. Please ree to c tact m with any questions or comments which you may have. 'n rely, � me Pauly amin f ' s JJP/mp � CONSULTING ENGINEERS PHONE 612-57�-2500 FAX 612-571-1168 � /%'' ULTEIG ENGINEERS, irvc. �/ , 5201 EAST RIVER ROAD,SUITE 308 MINNEAPOLIS,MN 55421 July 9, 1998 Mr. James Pauly Anoka County Examiner of Titles 325 East Main Street Anoka, MN, 55303-2489 RE: Proposed Vacation of Alley Block 15, HAMIL ON'S ADDITION TO MECHANICSVILLE Mr. Pauly: Roslyn Park Church and the other owners of property in Block 15 of HAMILTON'S ADDITIO TO MECHANICSVILLE, Anoka County, Minnesota are petitioning the city of Fr dley for vacation of the alley in Block 15. As noted on the enclosed drawing, al lots in the block have Torrens title. The vacated alley will b abstract property. The owners have asked if it would be advisable, necessary or rudent to have the vacated alley added to the Torrens Certificates. What steps would be required to accomplish this? Could this be done with an Examiners Directive, or would a new proceeding be required? Upon vacation, the adjoi ing lots would acquire to the center of the alley. Between adjoining lots, ould the boundaries be the lot lines extended, or would they be extended at righ angles from the rear lot line to the center of the alley? Who would make that d termination? Any information and ad ice you could provide will be appreciated. Yours truly, Keith M. Graham, R.L. . Ulteig Engineers, Inc. cc: Pastor Gary Brewste Roslyn Park Church Enclosures ,.< <, �� : .�C , E _ � ` � ;� EQUAL OPPORTUNITY EMPLOYER or�� _ CiTYLOY FRID FRIDLEY MUNICIPAL CENTER•6431 NIVERSITYAVE. N.E. ERIDLEY,MN 55432 •(612)571-3�150•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE rJctQber 27, 1�?98 Roslyn Park Wesleyan Church Gary Brewster 5300 6'h Street NE Fridley MN 55421 Dear Mr. Brewster: On October 5, 1998, the ridley City Council officially approved your request for a Rezoning Request (ZOA 98-02), to rezone approximately one-half of the church property from R-2 and R- to R-3, with no stipulations, and also approved a Vacation (SAV #98-02), for the City to vacate an alley that bisects the church property to facilitate future expansion of the C urch, generally located at 5300 6'h Street, with the following stipulations: 1. That the City of Fridle does hereby retain an easement for utility purposes over and acro�s said lancis, incl dina the right to enter upon said lands to maintain, repair, replace, remove, or ot erwise attend to existing utilities; 2. That the City of Fridle does hereby retain a temporary easement for ingress and egress across said lan s, said easement to continue in full force and effect until an access easement has been provided to the City across Lots 20 and 21, Block 15, and an improved surf ce constructed within said easement in accordance with a plan to be submitted a d approved by the City. 3. The petitioner shall ap ly for and receive a special use permit prior to expansion of their church facility. 4. The petitioner shall provide an easement to provide Amoco continued rights across the former alley. 5. The petitioner shall not alter the alley across their property , or in any way limit access by adjacent property owners, until the new access has been completed. 6. The petitioner shall provide the improved asphalt or concrete access to 5�' Street in accordance with a plan to be submitted and approved by the City prior to installation. 7. The petitioner shall hold harmless the City from any damage or injury that occurs during the reconstruction of the alley. 8. i ne petitioner shall provide reasonable seasonal mainten�nce as necessary to assure access to and from the non-vacated portion of the alley. 9. The petitioner shall receive approval for the turning radius which is to be adequate to handle emergency vehicles. 10. The alley shall be sufficiently labeled to prevent the entrance from being blocked. If you have any questions regarding the above action, please call me at 572-3590. Si�cerel , �� '�,�� /Barbara Dacy, AICP �Community Development Di or BD/jt Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 5, 1998. /�-/- 98� Concur with ction taken. �os�y� ��w�' C�es��y�n �u��. C-98-198 � r,c s N��s 1i-�9-9� City of Fridley ORDINANCE NO.1120 AN O DINANCE UNDER SECTION 12.06 � OF HE CITY CHARTER DECLARING ERTAIN REAL ESTATE TO BE URPLUS AND AUTHORIZING THE SALE THEREOF. SE TION 1. The City of Fridley is . the f owner of the tract of land within the � City f Fridley, Anoka County, State of Minne ota,described as follows: The east half of that part of the vacated alley hich adjoins Lots 10-15, Block 5, Hyde ark, lying north ot the south line of said I t 15 extended westerly and south of the n rth line of said Lot 10 extended�vest- erly,a cording to the plat thereof on file and of re rd in the oHice of the Counry Recorder in and for Anoka Counry,Minnesota. All ying in Section 23, Township 30, Ran 24,City of Fridley,County of Anoka, State f Minnesota. Sec ion 2. It is hereby deter- mine by the City Council that the City no longe has any reason to continue to own said p operty,and the City Council is hereby autho�zed to sell or enter into a contract to sell s id property. Se ion 3. The Mayor and City Clerk re hereby authorized to sign the nec- essa contracts and deeds to affect the sale ot the above-described real estate. PA SED AND ADOPTED BY THE CITY COUNCII OF THE CITY OF FRIDLEY THIS 9TH AY OF NOVEMBER,1998. NA CYJ.JORGENSON-MAYOR A EST: DE RA A.SKOGEN-CITY CLERK (N vember 19, 1998) Fridley, Blaine, Colu bia Heights, Hilitop, Spring Lake Park Focu News Wsller S.fiooth Form No.2030•30M-OUIT CLAIM DEEO , Minnewu UMlorm Conveyancinp Blenks p91e) ----------- -�---- --- Corporalion or Parinership lo Individual(s) , I No delinquent taxes and transfer entered;Ce tificate of Real Estate Value ( ) filed ( ) not equired Certificate of Real Estate Value No. , 19 Count Auditor by Deputy '; STATE DEED TAX DUE HEREON: $ I Date: March 22 �# 2000 (reserved for recording data) FOR VALUABI,E CONSIDERATION, The City of Fridley a unicipa orpora ion under the laws of ' owa- innesota , Granto , hereby conveys and quitclaims to � Grantee(s), District o real property in Anoka County, Minnesota, described as follows: All that part of the A ley in Block 15, Hamilton's Addition to Mechanicsv lle, Anoka County, Minnesota which lies between the northerly line of 53rd Ave NE and adjacent to lot� ll-21. I I I Ilit more spece is needed,continu�on b�ck) together with all hereditaments and app rtenances belonging thereto. ✓ ��:i , r.. ':I.ii�i�i I I!'�'�' B ,�i' y �-cut- S Ma r gy 's '��-_ . .� • �Its City Manaee � STATE OF MINNESOTA ss. COUNTY OF Anoka 20th d� of March $ 2000 The foregoing was acknowledged be ore me this Y ' ' by Nanc J. Jor enson Bnd William W. Burns � the Ma or �d City Manager _ of The Cit of Fridle s city organized under the laws of the State o , on be of the � Cit � I NOTARIAL Sl'�MP OR SEAL(OR OTHER TITL OR RANK1 'l _� SIGN.4TURE PERSON TAKING ACrii4U\VLC•UGEhtEfvT ,��."'a` •. FOBERTA S.CC)L.LIN Tax Sta�emcn�s for the real propcny described in this inserument should be sent lo(IncluAe I ( ��' �T�r p�g��E$pjq namc and address of Gramce): I i+RY COMMiSSION EXPIWES JANUF�RY 31.2005 . ""."""..°.".-'"°�-�"`�'°;, � �►F�PR�VEt� �_ - � SF`�� THIS INSTRUMENT WAS DRAFTED BY(NAME ND ADDRFSS): 1►1�i�l 1 Y�l�h��J� �{��d't�O�� I •. 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