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SAV87-07
=� CITY OF FRIDLEY 'd REZONING 3EQUEST ZOA # 6431 UNIVERSITYN.E. 7 -r-IM EY, MN 55 � VACATIO161EQUEST SAV � i612)571-3450 PLATTING REQUEST P.S. REQUEST FEE I S O m0_ PARK FEE RECE IFr # SCHEDULED PLANNING COMMISSION FETING DATE 7 tze SCHEDULED CITY COUNCIL PEETING DATE PROPERTY INFORMATION PROPERTY ADUZMS rA LD3AL DESCRIPTION: LOT . BLOCK TRACT/ADDITION PRESENT ZONING REQUESTED ZONING REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. 0Aalvcry _tA- 4tj 4 FEE OWNER INFORMATION NM E (please print) PHONE # ADERESS SIGNATURE F DATE Note *** Contract*********,U�'*�F* * * ru ******** '******** ********* PETITIONER INFORMATION NAME (please print) Ck )� H(7NE # ADIRESS SIGNATU DATEy T PLANNING CM-IISS ION : APPRC VED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE S'TIFULATIONS: I The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting frau the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of pr opo sed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. Adbb MINDEP. ENGiNEEIZING CO. 19 124c, ENGINEERS AND SUQVEYORS LAND OU; VEYINO SUL.5 TESTING CIVIL 8�. MUNICIPAL ENOINEERING LAN() PLANNING 6418-SGT" AVENUE N. MINNEAPOL15 2`f, MINN. KE 7- 3637 �[� �� it�ii IF ii •c�� �� �� ��IF !� IN M'`����' "A, I 12 R � MPac 129 oq Plat I W �-- oo r ►.n FRC`PC'�:4- "- � _ A �Ullf ►NG � ,� Ck!) Scale' I":301 Iryl - oDeno�es Iron ' �!a s �o �► � I i28.21 t�w�5 LurS 2S F- 'C6 , BLOCK S WE HEREBY CERTIFY THAT THIS 15 A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE LAND ABOVE DESCRIBED AND OF THE LOCATION OF ALL BUILDINGS, IF ANY, THEREON , AMD ALL VISIBLE ENCROACHMENTS, IF ANY, FROM OR_ ON SAID LAND. DATEDTMISOPYOF acT Aol�s9 MINDER ENGINEERING CO., INC . E14GlkFF-Q-q AND SU v -yolzS 17-06 by —,� / p 4( .3� Tfjt!� 3ribenture. ma. 20th ..day of.............o�tober............................, 5•. w �`' .6 ` L .....................................I.►,Ta ............ ......... 3F s ................. ... of the county of........./IAiO.Ii�...........................................................attd stats of..........................I1.7..1itY11a IA ................. ..., .,. partlam....of the first part,and.......r.....CITY...Oy...yA2AR.tlat..................................................................................................................... OAlAl7..ti.7.17a.1.................................................................................................................................................................................................................................. I " r ration under the laws o the State okinwaota......................................... party of the second part, y,�Co po f t........... �litriliftl� hat the said part............ of the first part, in Consideration of the sum of Cue and 2.0/1 ( 1.0 f an,?other values received---------------�---•----... ... .4 f S { ...... ................................................................... , a � nrtiss to.......'...............................................in hand paid by the said party of the second rt, the racer whareo isc �4i hereby aeknowledied, do............ hereby (Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its euooessors and assigns, Forever,all the tract_...or parcel......of land lying and being Anoka.........................................................and State o Minnesota, described as follows, to-wit: to the County of......................... f A two IT0 foot (12') easement for the purpose of construction and maintenance of a Storm Sewer described as follows: All that part of Lots 3, 4, 24, 25, 26 coaether with the portion of the vacated alley that now is combined with the above described lots all lying in Block 39 Roes Additiou to Fridley Park that lies inside a 12 foot strip of land whose cantarline is described as �y*wr rj;$ r 6 %�vr; # w foliowst 4 Bebinnina at the Northwest (*V) corner of 71ack 3, Rees Addition Fridley Pa • thence East al • tho i"orth lino of said Block 7f 3, to Fr Park; 0ng .. ey fe t to the actual point of beginning; thence I r a distance of 135.85 p deflect to the right 9058'30" for a distance of 120.7 fast; thence dafiect to the left 90023' for a distance of 32 feet; thence deflect to the right 89008' for a distance of 20 feet; thence ter- minating; and with the option to have, upon written notice, a t . permanent twelve foot (12') easement whose centerline will be au additional fifty-four fast (54') in length and a strai.-ht lino extension of the last described lea of the above described ease- Ment (raid fifty-lour foot (541) extension will extend through Lot 4 and into a portion of Lot 5, Block 3, Rees Addition to Fridley Park); all lying in the South Half (S;) of Section 14, T-30, E-24, County of Anoka, State of Minnesota. i That the Dedicators agree that said 54 foot easement, under option and as Just described above, shall exist as a privately maintained caser.,ent containing a storm sewer pipe until the Municipality exorcises said option. The Dedicators agree as part of the consideration of this easement and the construction of storm sewer service under City of Fridley Project No. 71, that the Dedicators shall do what is necessary to keep the storm sewer outlet open on said 54 foot easement without expense or liability to the Municipality. That the.attachad and mado a part of this conveyance is a drawiu^ of said atom sewer utility. No State Deed Tax Required To X}abe anb to JbOIb the halite, ToCether with all thv hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part,its successors and assigns, Forever. iea L g... .........................their �n�egtimottp �hatot, The said part..........of the first part ha ' hereunto set., _. hands .the day and•year first above written. I If In p ince o r a.'.. r ... o:..Yk....L / .�'............ .4'..:..4: CS. ......... .::.ka•.�t...�:.:a .< es ...c. .......................... ....:�..�d:K1..:�..5....... .::...a./........�..c, ................ 60 K 69 ! PA-U11141 �, U,7.7=777 r".��_ � .7 4 Tbig 3o nture. 3rd November - '186........, .1taa.t ..... of............................................._ t JOHN R WINTERSa husb ,SADIE V,., WINTERSa..wife.............. i' �:• ' c, +��' betlOeeA. ....... ....... of the Count o Anoka and State of......... ............ inttes.4.t ..................................., part..ies of the first part,a............SIT�...MIUMY..........................................................................._......................................... ............................................................................... ..............................................................................._..».................................... ., mun porati1.. .. .d party of the second part, a„eorporatwn under the laws of the State of...................Misutesota..................... . Ilitntsath, That the said part..Lea. of the first part, in ooAsidaraxio>V of the sum of Eiv� Hu.ndzc.sl..and-140.11.Q.Q....(ASO.O,.QQ).�md..other...valup_s....zea.six.ad-.-.-.-.--.-.r..-.-.r..-.-.--.-.ADO It�. to... R..a.z.k.ieS...........................in hand paid by the said party of the second part, the receiptparty whereof of , . ,��1 a f �� f hereby acknowledged, do........... hereby Grant, Bargain, Quitclaim, and Convoy unto the said � s����.•.•. the second part, its successors and assigns, Forever,all the tract......or parcel......of land lying and being - in the County of............. ......Anoka..............................................and State of Minnesota, described as follows, to-wit: A six foot (6') easement for Storm Sewer described as follows: . I That part of the East half (E') of the vacated alley I ' in Block 3 of Rees Addition to Fridley Park that lies between the North line of Lot 1 extended West and the rr Y South line of Lot 2 extended West of said Block 3, ,. y�•>. Rees Addition to Fridley Park, said Parcel being a strip of land six feet (6') wide lying immediately West of Lots 1 and 2. Block 3 of Rees Addition to Fridley Park, all lying in the Southwest quarter (SWk) of Section 14, T-302 R-24, County of Anoka, State of Minnesota. No State Deed Tax Required Zo babe anb to Jbolb the 64me, Together with all the heredita7aents and appurtenances there- unto bdraging or in anywise appertaining,to the said party of the second part,its successors and assigns, Forever. In McOmoup Ohered, The said part ies.•of the first part haVe.......hereunto set....their ., � hand_ .the day and year first above written. 1 rescnce .......i......�......... ....... ............................... _ ........................................................ r' QUIT CLAIM DEED The State of Minnesota having heretofore acquired in fee the real estate hereinafter described and the Commissioner of Transportation of said State having determined that the same is no longer needed; Now, therefore, upon said determination and pursuant to • Minnesota Statutes, 161.44, the State of Minnesota, by Leonard W. Levine, its Commissioner of Transportation, grantor, at no cost, does hereby release, quit claim and convey to the City of Fridley, a municipal corporation, in the County of Anoka, grantee, for public purposes, all its interest in and to the real estate situate in the County of Anoka, State of Minnesota, described as follows: All of Tract A described below: Tract A. That part of the vacated alley adjoining Lots 1 through 9 inclusive, Block 5, Hyde Park, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, which accrues to said Lots 1 through 9 inclusive by reason of the vacation thereof. Dated this4—.2ty_,5�_ day of , 19_� . Approve to form: STATE OF MINNESOTA By Special A istant Atto ney General ( (Deputy CommisplLoner of nsportation) Seal of the Commissioner of Transportation STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this /T/ day of 19� before me4wo otaAuted Publ ' within and fo said Cou , persona ly appeared , to me personally known to be the persot and who did say that he is the ( ) (Deputy Commissioner of Transportation and duly authorized agent of the Commissioner of Transportation) of the State of Minnesota and acknowledged that he executed the foregoing instrument and caused the seal of the Commissioner of Transportation to be affixed thereto, by authority of Minnesota Statutes, Section 161.44, and as the free act and deed of said State. Approved s to execut Y/M/.R V.N/vVn ^•"JM^1'1 'JJ INJVV k RAMONR T. M.AC:K[NROTH MNOTARY Pj9UC-t1.1'4NEEOTA < � r� ._�F" WA5t V"-! TC)kj COUNTY ( � M'Y COMWSSIC-N EXPIi�a JANUARY 7 D3 l < wars nMvv to VJ✓.' -V.'J'✓v SpeciaAssistant Y LneyGeneral Deed Tax Due This instrument was drafted by the State of Minnesota, Department of Transportation, Reconveyance Unit St. Paul , Minnesota 55155 RW1538af. 12 i E 4K QUIT CLAIM DEED The State of Minnesota having heretofore acquired in fee the real estate hereinafter described and the Commissioner of Transportation of said State having determined that the same is no longer needed ; Now, therefore , upon said determination and pursuant to Minnesota Statutes, 161.44, the State of Minnesota , by Leonard W. Levine, its Commissioner of Transportation , grantor, at no cost, does hereby release , quit claim and convey to the City of Fridley, a municipal corporation, in the County of. Anoka , grantee , for public purposes, all its interest in and to the real estate situate in the County of Anoka , State of Minnesota , described as follows: All of Tract A described below: Tract A. The East Half of that part of the vacated alley which adjoins Lots 1 through 9, Block 51 Hyde Park, lying north of the south line of said Lot 9 extended westerly and south of the north line of said Lot 1 extended westerly, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota . Dated this a3"� day of h/\iA2e4 , 19 9 � A r ved a.s to form: STATE OF MINNESOTA ` BY Special Assistant Attorne General (Deputy Commis Toner of ansportation) Seal of the Commissioner of Transportation r CITYOF HaDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 July 15, 1987 M WHOM IT MAY CDNCERN: The City of Fridley Planning CaTmission will be holding an informal hearing on a request for a Vacation, SAV #87-07, by Wayne Johnson, to vacate the 12 foot alley in Block 5, Hyde park lying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22-30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue. Anyone who wishes to be heard shall be given the opportunity at the Planning Commission meeting on Wednesday, July 22, 1987 in the Council Chamber of City Hall at 6431 University Avenue N.E. at 7:30 p.m. STEVE BILLINGS CHAIRMAN PLANNIIU CDYMISSION SAV #87-07 . • . . ,.. ...... ,�t-. Wayne Johnson 2 M P 1 22 , (f//ry /3 o.f/ Qo .30 1 _ !z>= Z B� 3 ���' '�f3 _� - 2.8�� 3 b� � � '�` 2B � h��'•' , : ���Z 8 27 Vti y X1127 00 o 23 Z2 TeN 36>e o 3,/a Z/ -; 20 \v -- /2-- 9 \�� -- , /9 i oil . c 17l 4% 67 ZZY 313.i 91 v v U 30 H� y p u8 2 9 p ZJ C D_ - -- _J 3 �l 2 8 �� : 2 8 v1 - ' 07 06 -- -- - --a5 a !v /y y IX W /36.>v ui /O(07�: , Z/ ��1 /; - --n ,� .-O �► rv. I`-` /7 2�V`1 //loe� Z zO �d 1 /9 •?_191: /9 ��.�� /2�e9) /-y �,�� l\y�- ------'t;-� � � h lion/6 i 3.57 l�. /v ¢ /74 iT U) U) O 16 „^ \=0 0�1 P 457 �. ae� Z294 0�Dl 1 _ a «25E fl,1�,�'7�� -:b���4�/-J<�3E:5 --`n•°� M ;ti 0�N�41 h 2ar �//jQ 59TH AVENUE N.E. 29Z9 N 27 (S)4 u N ) 7 ? /z 25 /R ( 9 T r 7,4 - Z 9 -- -� SAV #87-07 MAILING LIST Planning 7/16/87 Wayne Johnson Council 8/7/87 - Excess Prop.7/28/89 Wayne Johnson Frank Kearney Karate School 11610 - 53rd Avenue North 6010 - 3rd Street N.E. 6061 University Avenue N.E. Minneapolis, DIN 55442 Fridley, DIN 55432 Fridley, MN 55432 Joe Henson Michael Pestello John Wolfe 270 - 61st Avenue N.E. 6011 - 3rd Street N.E. 6007 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ernest Erovick Carl Reed 6070 - 3rd Street N.E. 6017 - 3rd Street N.E. Fridley, DSI 55432 Fridley, bIN 55432 Peter Hegna r/ David Henrikson 6060 - 3rd Street N.E. 6031 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Thomas Johnson ,/John Earley 6050 - 3rd Street N.E. 6041 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Wallace Gregerson Resident 6040 - 3rd Street N.E. 6051 - 3rd Street N.E. Fridley, MN 55432 Fridley, DSI 55432 Margaret Skomra Resident 6030 - 3rd Street N.E. 6053 - 3rd Street N.E. Fridley, MN 55432 Fridley, DSI 55432 Harry Theroux Resident 6020 - 3rd Street N.E. 6055 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Marilyn Heitkamp David Curry 6025 - 2 1/2 Street N.E. 5125 E Twin Lakes Boulevard Fridley, MN 55432 Brooklyn Center, MN 55420 David Keller Resident 6035 - 2 1/2 Street N.E. 6063 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Hazel Bergeron Resident 6045 - 2 1/2 Street N.E. 6061 - 3rd Street N.E. Fridley, D114 55432 Fridley, MN 55432 'Theodore Marchiniak Resident 6055 - 2 1/2 Street N.E. 6073 - 3rd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Eugene Bayard Jerome Dold 260 - 61st Avenue N.E. 6110 Star Lane N.E. Fridley, 14N 55432 Fridley, 11N 55432 54, �s GI 4 �nS 1 3 S Q _ti i r. . : . IL y f. `T � fi 1. � � �� -T. •x ,s.�� �: �,:_ �. _ � .> �. �N R , t i�"kid -. �\ J 31 ,".? -' ,t /► �. .r ;. x ., �� ,. �. f �� X,� i_ < ♦' :1 r� ��. :N. �;� '3 �yam` ( id v �'�n.. a �,- , ,, *i� � � "Y3•, _ k�b it ��.=`�, �' i ' / / 7 � � �� j- � / -_ / / � _ NEW [ ] Is Effective 1/i/go ADDN [ ] R-1 AND R-2 ALTER [ ] �^ Building Permit Application r Construction Address: J - �`� 3 3 1 Legal Description: 1 owner Name & Address: ��;��U 41 O s --A < ff Tel. Contractor: Tel. # Address: Attach to this application, a Certificate of Survey of the lot, with the proposed construction drawn on it to scale. DESCRIPTION OF IMPROVEMENT LIVIIJG AREA: Length Width Height Sq. Ft. GARAGE AREA: Length Width Height Sq. Ft. DECK AREA: Length Width Hgt/Ground Sq. Ft. arRER: Corner Lot [ ] Inside Lot [ ] Ft. Yd Setback Side Yana Setbacks Type of Construction: Estimated Cost: $ Approx. Corrpletion Date: Proposed Driveway Width If New Opening Is Desired: Ft. $ $ Width + 6' See Back Page DATE: APPLICANT: Tel. # CITY USE ONLY Permit Fee $ Fee Schedule on Reverse Side State Surcharge $ $.50/$1,000 Valuation SAC Charge $ $600 per SAC Unit Driveway Escrow $ Alt. "A" or Alt. "B" Above ---- qj I Park Fee $ Fee Determined by Engineering Sewer Main Charge $ Agreement Necessary [ J Not Necessary [ ] SAL $ STIPULATIONS: BUIIjDING PERMIT FEE SCIEEDULE The Chief Building Official shall, before issuing permits for the erection of any building or structure, or for any addition to any existing building or structure, or for any alteration or repair to any existing building or structure, upon application therefore, require the payment by the applicant for such permit of fees to the amount herein below set forth and in the manner herein provided to-wit: TOTAL VALUE FESS $1 to $500 $15 (Minimum Fee is $15 plus surcharge) $501 to $2,000 $15 for first $500 plus $2 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $45 for first $2,000 plus $9 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $252 for first $25,000 plus $6.50 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $414.50 for first $50,000 plus $4.50 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $639.50 for first $100,000 plus $3.50 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $2039.50 for the first $500,000 plus $3 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $3539.50 for the first $1,000,000 plus $2 for each additional $1,000 or fraction thereof DRIVEWAY DEPRESSION ESCROW (Concrete Curb Streets Only) Alternate "A": Removal and replacement of curb and gutter only - Driveway width plus 6 feet times $13.50. Alternate "B": Removal and replacement of curb and gutter and install a 3 foot wide approach with 6 inch depth - Driveway width plus 6 feet times $15.75. VERIFICATION OF FOUNDATION Permits for construction will be issued a minimum of 24 hours from the time of application to allow for proper review of the proposed structure and of the construction site. A Certificate of Survey of the lot, showing the location of the foundation once it has it has been constructed will be required before proceeding with the framing. 48 _j 61 st Avenue DOHL - -m - CURRY , , a o _. V JOHNSON C q r�? EARLY o •� N O HENRIKSON - 12' vacated alley (6' to west; 6' to State) S ���` 4 , 1 i ��"� i � �..• y' ' • �l � � � > ,� ` �. �J nIQ JM �i kNIC-4 CIL -r �3,nn� c� s` �� r'=r�jf . �L. •moo • �n c4- t b� gS�ZIL � • �L Y T/e,f) 141/A)Cl- /vol 7'H 2z r 0 We, the undersigned, petition the City of Fridley to vacate the alley easement in Block �� a?:. Addition. We-understand if we have the support of 100% of the property owners in this block, the City will waive the 150 regular fee of $)2$.00 Name Address r) 01, 606/ — 6,T -CS- tLfra - ©l 6 s,c w.urnw+na.a rr.s..r.4u...r, • I �, _ � do ' �✓I r �^ n O -� tz 25 i�1. L► i�G. ►� co-"( ISA` -'55,,-LV -H to �CG211� T �;�;IT' CiAI Kwk -DEZD �- p .7hz 1 rvWal t°"^ � --esgl = (01) 1.L rL-62 lig/ Ft -s2 a1 +,� �.� -zl► 2 - GSI°� �_�► -� �°�� �� tet, 2 - ��s' �a —4497_ri S Lla)L2 Zc� Flo L-U��12�4C'�G Y4P- C(f 1>2»rte-_ W 16 Wr 'a�,7 CA-' +I-,S -Pj2c--ir-> ,7 C�,AI��4C-� �.(pT 7A& E i �`�\ 1 t��b Y9 t r�L`.a4��'��FbY i �'� a'•^"M. 3 ''{'�,gr Y.t�»�,�'�` �r�`,,J"-;,� �,rt ,Y iw a k' r " .,t i;» Sy f `� r r �,� �. ..,y���7^�'�7i.�f.'S"�.1�, �b • > �F:� �,T✓� �, � �..��_N..e`sS.�. .•� __�._...�5«.�.aC'S,� ?'yi=.. 7 ` � s 'VA �. DSI- 5 -55- r � C'clSTo ,�IZ ��✓lC� ��_ 4 h ;m � fir,• � i .. i „ z t' x *.. , 4-sA ��i a CITY OF FRIMEY VACATION REQUEST NOTICE Date: July 15, 1987 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV # 87-07 , to vacate the 12 foot alley in Block 5 Hyde Park lying North of the South line of Lot 22 extended Easterly and South of the North line of Ig2t 3Q- exten(3Pd Easterly. All lying East of and adjoining Lots 22-30. Bek 5„_ - Park generally located between 61st Avenue and 60th Avenuea_nd between 3rd StrPPt- and University Avenue. Please indicate whether or not you have a problem with this vacation request. Mie utility company has no problem with this request. Signed Company Date The utility company does have a problem with this request for the following reasons: yutec( egse�Y1e" 4- �V)z u �,L)' 1 y Pte )es W17,/11 1 igned Company Date h a� J , lz y , -n �t u jail k i .�y i _ - �� _ � ,��, � 1 &fit � '. •x z W�' n , 1 i r r � QTY OF FRIDI,EY VACATION REQUEST NOTICE Date: July 15, 1987 Dear Utility Company: The City of Fridley currently has a Vacation request, &w # 87-07 , to vacate the 12 foot alley in Block 5, Hyde Park lying North of t-hp snnth line, of Lot 22 extended Easterly and South of the North line of Iot 30 extended Easterly. All lying East of and adjoining Lots 22-30. Block 5,_Ilyda park, generally located between 61st Avenue and 60th Avenue and between 3rd��t_rp,Qt and University Avenue. Please indicate whether or not you have a problem with this vacation request. The utility company has no problem with this request. Signed Company Date , The utility oompany does have a problem with this request for the f o lowing reasons: Signed company Da p as �e � 3 s jj 7777 »} + f I LN�"' v l dw s ♦♦♦ppp f '�,�'., � T � ♦ 4"I'�� v eT 111. y � P ! " • f ^ f!d - _ —� _ �."�nr:.—_.tea .:...-.-..__.._�,- ,....:. ._._._...-•__.. >- ,_. _.-.. .. -_ - � �._.. i' 'G�. _. __ _ _ t_ - u t. a f� i f} a $s 0 CITY OF MITLEY VACATION REDUEST NOTICE Late: July 15, 1987 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV # 87-07 , to vacate the 12 foot alley in Block 5, ILdg Park lying North of the Sauth Iine of Lot 22 extended Easterly and South of the North lineQf J,Qt 30 extended Easterly. All lying East of and adioinina Lots 22-30, B_lQck_5-,Lbz�ctP Park, generally located between 61st Avenue and 60th Avenue and between 3rd StreQt and University Avenue. Please indicate whether or not you have a problem with this vacation request. 'Ihe utility oompany has no problem with this request. Zd A d -9-2 Sided Company Date The utility oompany does have a problem with this request for the following reasons: Signed Company Date _ r y n L ^ u � _ 1. .5q: Y}.M .::..s.Y \{-PARR.. }y�y '� g] WF♦ ^RIS. {q AWY7,0 I to :F• t t ' F „._. r-770777777777 f Vol t`, yyy V p.- a � � P a CITY OF FRII,EY VACATION REQUEST NOTICE Date: July 15, 1987 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV # 87_07 , to vacate the 12 foot alley in Block 5. Hyde Park 1y.,ing_North of the Snut-h -1;ne of I,ot 22 extended Fasterly, and South of the North line o£ TA-,t 30 ezt-ncind Easterly. All lying East of and adjoining Lots 22-30 Block 5,_ perk, generally located between 61st Avenue and 60th Avenue Mdbetween 3rd Street and University Avenue. Please indicate whether or not you have a problem with this vacation request. The utility company has no problem with this request. / __AA_ I t 47 Sign d Company Date Me utility company does have a problem with this request for the f of lowing reasons: Sided Company Date w >r �. -.� .�- ,, -.: � ..' 1R, .. .. � : .. ; :�.;i:� � ...t - �" civ y+w•p��p� sus�;_ i'i{ '•+�' S r _.. �"�+�'"•'� �*'�^5.�;..�� ���£W�` i` s4j a tr , 4 } d l 7}y 0 July 22, 1987 To: Planning Commission, Fridley Minnesota From: Michael and Elaine Pestello 6011 Third Street N.E. Fridley Minnesota, 55432 Dear Mr. Billings; We are unable to attend tonights meeting, but have always had an interest in vacating the alley behind Third Street, between 60th. and 61st. Avenues. We have lived on this block for over 16 years, and the alley has never gone thru all the way. At one point traffic could go half of the block and turn back to third street. During this time the neighborhood children would use this as a short cut and the mail truck used it also. Eventually the duplex on the corner put up a fence and took over the property, soon after the second house did the same. The alley as it stands, is unmaintained by the city, it is an eye sore in the neighborhood, and a constant source of trash accumulation. . It is our understanding that driveways and off street parking are required by the city and most of the homes on the block conform to that. Even the trash is not collected from that way, it is still left curbside. By vacating the land as an alley, property owners couldmake use of this land in an attractive and productive way. I would like to know if the property owners that have already taken over that piece of property have seen a difference in their taxes or have the rest of ours been lowered to reflect the lack of extra land we have been denied? Since some of it has already been taken over, it is only fair to the rest of us to have the op,c,rtunity to use the land the way we want, too. While the homeowners on the north end have been using the land for several years, we on the south end would like the same chance. E f , We feel it will improve the area and if it is vacated will probably be the last one in the area to go, every other neighborhood has seen fit to do it. Thanks for your trouble and I hope our absence doesnt indicate a lack p a of interest. Good Luck Mr. Johnson Elaine and Mike Pestello I` i 0 MEMORANDUM TO: Nasim Qureshi, City Manager EW87-290 FROM: John G. Flora, Public Works Director DATE: August 28, 1987 SUBJECT: Alley Vacation At the Council meeting on August 24, 1987, there was considerable discussion regarding the vacation of an alley between 60th and 61st east of 3rd Street. It appears that all of the residents except one supported the vacation. The one property, 6017 - 3rd Street, objected becaused they had no access to the street except for the alley. We have looked at the site and found the property to have large trees located in the area which would be most appropriate for a driveway access to the street and the existing garage to the rear of the property. Providing a driveway only to the existing building would require removal of three trees and placement of 60 feet of driveway and a gate in the cyclone fence. Estimated Constructionrests 3 Tree Removals $3,000.00 Driveway Construction 700.00 Gate 300.00 TDTAL $4,000.00 Constructing a driveway from the street 160 feet to the rear garage would involve the following: Estimated bnstruction Costs 5 Tree Removals $4,500.00 Driveway 1,600.00 Gate 300.00 TDTAL $6,400.00 If there was a oust participation from all of the fourteen dwelling units on that block, it may be possible to provide a driveway to the residents and thereby vacate the entire alley in this area. JGF/ts 171, CITYOF FMDLEY �'LANNING DIVIADN MEMORANDUM cI7YOF FM DLEY WMD TD: Jock Robertson, Community Development Director City Council MEMD FROM: Jim Robinson, Planning Coordinator MErD DATE: September 11, 1987 REGARDING: Wayne Johnson Alley Vacation I have spoken with Mrs. Reed of 6017 - 3rd Street N.E. who is the sole resident adjacent to the alley who still utilizes the alley for access. Mrs. Reed is not in support of an entire vacation of the alley at this time. The Reed's long range plan is to construct an attached double garage with a driveway out to 3rd Street. An estimate from John Flora for the driveway construction alone would be $4,000. This includes removal of three large trees which costs $3,000. The Reeds' are presently obtaining estimates for the new garage construction. However, they have children in college at this time and feel that it may not be feasible to construct the new garage for approximately 5 years. In order to provide an incentive for the Reeds' to install the new garage and driveway within 5 years, it would be advisable to offer them a proposal whereby the City could install the driveway portion of the project and assess that cost ($4,000 or going rate at that time) back to the Reeds ' . This proposal would only be valid for a limited amount of time such as a 5-6 year period. Although Mrs. Reed is not prepared to commit to a specific time frame for implementation at this time, she does not have a problem with the Council authorizing vacation of the entire alley at such time as the Reeds ' or a subsequent owner provides improved access to 3rd Street. If Council concurs with this scenario, they could place language into the minutes which would authorize staff to prepare an ordinance vacating the remaining portion of the alley in the future without going through the lengthly vacation process again. It would also be appropriate for the Council to authorize staff to make the assessment offer to the Reeds' for the 54 year period. Should the Reeds' upon receiving estimate for construction of the attached garage decide to proceed with the project sooner, we would let the Council know before the second reading of the ordinance, scheduled for th6-October 5, 1987 Council meeting. M-87-188 e c• • • MEMORANDUM TO: Nasim Qureshi, City Manager EW87-290 FROM: John G. Flora, Public Works Director DATE: August 28, 1987 SUBJECT: Alley Vacation At the Council meeting on August 24, 1987, there was considerable discussion regarding the vacation of an alley between 60th and 61st east of 3rd Street. It appears that all of the residents except cne supported the vacation. The one property, 6017 - 3rd Street, objected becaused they had no access to the street except for the alley. We have looked at the site and found the property to have large trees located in the area which would be most appropriate for a driveway access to the street and the existing garage to the rear of the property. Providing a drivac*y only to the existing building would require removal or three trees and placement of 60 feet of driveway and a gate in the cyclone fence. Estimated Construction Costs 3 TYee Removals $3,000.00 Driveway Construction 700.00 Gate 300.00 TOTAL $4,000.00 Constructing a driveway frcm the street 160 feet to the rear garage would involve the following: Estimated C r _ i,�n CnGts 5 TYee Removals $4,500.00 Driveway 1,600.00 Gate 300.00 TOTAL $6,400.00 If there was a cost participation from all of the fourteen dwelling units on that block, it may be possible to provide a driveway to the resident and thereby vacate the entire alley in this area. JGF/ts �I CJTY OL F DLFY 1C 0 C11Y OF FWDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 September 22, 1987 Wayne Johnson 11610 - 53rd Avenue North Minneapolis, NN 55442 RE: Proposed Alley Vacation Dear Mr. Johnson: On September 14, 1987 the City Council approved a first reading of an Ordinance for vacation of the westerly half of the alley adjacent to your property at 6051 - 3rd Street N.E. The vacation of only the westerly half of the alley was a change from the original intent to vacate the whole alley. This is due to the City Attorney's concern that upon vacation, the easterly half would go to the abutting owner which is the Minnesota Department of Transportation. In order to preclude this, the City is retaining the easterly half while the westerly half will go to the abutting property owner. An easement for utilities is being retained over the entire alley. In order for you to construct a garage within the westerly half of the vacated alley, it would be necessary for you to obtain the following approvals: 1. A letter from all the utility companies allowing a specific amount of encroachment into the retained easement. 2. A motion from City Council authorizing encroachment into the retained easement. 3. A variance processed through the Appeals Commission allowing f or a setback waiver from 5 feet from the center line of the alley to some other distance which you may desire. • 1D Wayne Johnson September 22, 1987 Page 2 It would be inappropriate to construct the garage, including roof over hang, anywhere beyond the centerline of the alley. Constructing a structure which is not totally on your property would create problems in terms of encroachment and title pr obl ens. The City Council is scheduled to pass the final reading of the ordinance on September 28, 1987. It would be advisable for you to attend this meeting and request the Council to authorize the encroachment into the easement contingent upon approval from all utility companies. I am enclosing a variance application form should you decide to petition for the setback variance. It would be necessary to fill this out and file it with the City. September 25, 1987 is the next deadline, for the October 13 , 1987 Appeals meeting. Should you decide to file for this meeting date, this item could go to the City Council on November 9, 1987 for approval . The variance application fee is $100. MAs must be submitted at the time of application. If you have any questions please feel free to call. Sincerely, James L. Robinson Planning Coordinator J LR/dm Encl. C-87-464 r 0 CITY OF FR[DLLY CIVIC VTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 Februar 17, 1988 Mr. Wayx e Johnson 11610 5 rd Avenue N. Plymout , MSI. 55442 RE: F #87-07 Dear � Johnson: I b.ave reclosed the information you have requested regarding your vacation request, Variance Prooedures and setback regulations. The f st item, SAV 87-07, still remains tabled due to unfinished re-,,uiT ants. Enclosed you will find copies of correspondence, Planning Cor!(niGsi on and City Council minutes. These minutes state that the City was to aonfIr with the state to establish their interest in that portion of the alley that li2s west of their property. As you know, a quit claim deed was req�,_:t(�d by the City. The minutes also state that as the petitioner, you must the utility companies to send the City letters which allow encrcr_ vent upon their utility easements. Please proceed with this as soon as possible. Setback :equirements for your property, even though it is in a S-1 District will be treated as in an R-1, Single Family District, because the S-1 District does not have specified regulations. These setbacks are: Drive,-, Setback 3' Minimum side yard setback Acc_,; ;v.y building Setback Sic'- yard 5' minimun Rea : yard 3' minimum These variances might change if you obtain the total 12 feet of the vacated alley. "our property might then become a lot with double. f rontage, because it will ty oetween both University Avenue to the east and 3rd Avenue to the west. Because. University Avenue is a major highway, your property might not be consider.,d double frontage. If so, the Zoning Code states that a rear yard setback J or an accessory building is 35 feet. This will have to be discussed with Cit} Staff. The second enclosed item is an application for a variance request and procedure s. If you have any questions concerning these procedures, please feel fres to call me. Mr. Wayne Johnson -2- February 17, 1988 In addition to the letters needed from the utility companies, I would like you to send me specified plans for your proposed garage. This includes location of garage and drive and building specificatons. This information will be helpful in determining the possibility of your proposed variance request. I hope you find the enclosed information helpful. If you have any further questions, please call me at 571-3450. Sincerely, Kathlyn Castle Planning Assistant Enclosure C-88-39 r Northern States Power Company North Division 4501 68th Avenue North Brooklyn Center,Minnesota 55429 Telephone(612)566-9120 March 30, 1988 Wayne Johnson 6051 3rd Street NE Fridley, MN 55432 Dear Sirs: At present Northern States Power Company has a 120/240 V. secondary line in the rear of 605, 3rd Street. If a garage is built under this power line proper clearance must be maintained. Eight feet for secondary over a flat roof, four feet over a slanted roof. ;S * ncere1Ly4, 0 r Jim Radefeldt Customer Service Representative Northern States Power Company Nortel CABLE TV March 31, 1988 Mr . Jim Robertson City of Fridley 6431 University Avenue Fridley, MN 55432 Dear Jim: This is to inform you in regard to the vacation request SAV 87-07 located at 6051 3rd Street NE - it was signed off by Nortel Cable TV that there was a problem with the vacate. However, this is to let you know that it has been checked out. We, at Nortel Cable TV, do not have a problem at that location and Mr . Johnson can build the garage at that location. Sincerely, Randy Hanson Chief Technician RH:nm 350 63rd Ave. NE •Fridley, MN 55432.612/571-6206 • • 5K NN�O �� Tq Minnesota yo Department of Transportation District 5 2055 No. Lilac Drive OF Tri Golden Valley, Minnesota 55422 (612)593- 8403 April 4, 1988 Ms. Kathy Castle Planning Assistant City of Fridley 6431 University Ave. N.E. Fridley, MST 55432 Re: S.P. 0205 (T.H.47) Alley between 61st Ave. N.E. and 359.08 So. in Fridley Reconveyance Dear Ms. Castle: As you requested over the telephone on April 4, 1988, this letter is to inform you that Mn/DOT intends to convey to the City that portion of the alley which will accrue to the State upon it being vacated by the City. Please furnish our office with a resolution whereby the City council has acted upon to vacate the alley. Upon receipt of same, the District Office will recommend to our St. Paul Office of Right of Way to proceed with the reconveyance process. If you have any questions in this matter, please contact Stephan C. Bucko of our office, telephone number 593-8514. Sinc el , W. M. Crawfor District Engineer An Equal Opportunity Employer 1 UTY OF FW DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612) 571-3450 April 15, 1988 Mr. Wayne Johnson 11610 53rd Avenue Plymouth, Mn. 55442 RE: Vacation of Lilley at 6051 3rd Street N.E. Dear Mr. Johnson: I have talked with Jim Robinson about your request for setback variances and an alley vacation at 6051 3rd Street N. E. A second reading of the ordinance approving the vacation will be scheduled before the City Council on May 2, 1988. Before your request for setback variances can be scheduled before the Appeals Commission, some items need to be clarified. These are: 1. Whether or not a joint driveway easement will be implemented with your neighbor to the north. If not, where will the exact location of the driveway be on your property? 2 Fbr screening purposes, could landscaping (ie. hedges and/or trees) be installed between the east wall of the proposed garage and the fence? Please check with Steve Buck at the Minnesota Department of Transportation about this item. He can be reached at 593-8514. 3. What will your course of action be if your neighbor's dumpster interferes with the location of your proposed garage? Once these questions are answered, your variance request can be submitted to the Appeals Commission for consideration. To discuss these items, please call me at 571-3450. I look forward to hearing from you. Sincerely, Rathlyn Castle Planning Assistant W./kc C-88-116 10' LIM 'PLANNING DIVIODN MEMORANDUM CITY OF FMDLLY MEMO TO: Jock Robertson, Community Development Director Jim Robinson, Planning Coordinator City Council Members MEMO FROM: Kathlyn Castle, Planning Coordinator MEMO DATE: April 26, 1988 REGARDING: SAV #87-07, Vacation of Alley Located in Lots 22-30, Block 5, Hyde Park Addition PAL The petitioner, Wayne Johnson, is requesting the City Council to approve the first reading of an ordinance which vacates the alley in Block 5, Hyde Park Addition, lying north of the south line of Lot 22, extended easterly and south of the north line of Lot 30 extended easterly, all lying east of and adjoining Lots 22-30, Block 5, Hyde Park Addition. Approval of this request would increase the petitioner's rear yard area allowing him to construct a three car garage for his triplex. BMIGROUND On September 14, 1987, the City Council approved the f irst reading of the original ordinance vacating the west one half of the valley, with five stipulations (see City Council minutes dated September 14, 1987) . The Council tabled the second reading of the ordinance on September 28, 1987 and instructed staff to determine the State 's interest in the east 1/2 of the alley. Apparently, Mr. Johnson misunderstood that upon approval of the alley vacation, he would only obtain the west 6 feet and not the entire 12 feet. In order to construct a garage, Mr. Johnson feels he needs the the entire 12 feet of the vacated alley. As requested, staff has determined the State 's interest in the alley (see letter fran MnDOT dated April 4, 1988) . Upon vacation approval, MnDOT will quit claim the alley's east 6 feet to the City. Then, the City may declare the property excess and deed it to the adjacent property owners to the west. An ordinance determining that the property is excess will be placed on the agenda upon receipt of a deed f ran MnDOT. Since the State has agreed to convey the east 1/2 of the alley to the City, the petitioner is requesting the entire portion of the alley be vacated. The original public hearing was for the entire alley. At this time it would be appropriate to consider a first reading to vacate the entire alley. In addition to this vacation, Mr. Johnson has submitted a variance request which is being reviewed by the Appeals Commission for the proposed garage reducing the side yard and rear yard setback f rom 3 feet to 1 foot. Mr. Johnson has received letters from Nortel Cable and Nothern States Power authorizing the encroachment on their easements by the proposed garage. Fbr the May 16, 1988 City Council Meeting, the following items will be placed on the agenda for consideration: SAV #87-07 • 1 0 H April 26, 1988 Page 2 I. The second reading of the ordinance if the first reading is approved on May 2, 1988. 2. Consideration of Mr. Johnson's variance request if it is not unanimously approved by the Appeals Conmmissicn. 3. A resolution authorizing the specified distance of encroachment into the retained utility easement. The exact distance is contingent on variance approval. $EQMZNMTION 1. A utility easement to be retained over the entire portion of the vacated alley. 2. Petitioner to install a hardsurf ace drive to 3rd Street in conjuction with construction of the garage. 3. Garage location contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement and the City's conveyance of east half of alley to owners west of alley. 4. Petitioner to escrow funds with Public Works Department sufficient to cover curb work for cut on 3rd Street. 5. Dumpster to be f ully screened. 6. Landscaping to be installed on the east side of the garage once completed to screen from University Avenue. 7. Proper power line clearance must be maintained upon garage construction, 8 feet for over a flat roof, 4 feet over a slanted roof as per NSP requirements. 8. Petitioner to post a bond or letter of credit to cover driveway improvement. An escrow for a City contractor installed driveway may be acceptable. KC:ls M-88-105 �� Orq Minnesota �� yo Department of Transportation g District 5 �'01Fe 2055 No. Lilac Drive Golden Valley, Minnesota 55422 (612)593-851 + April 28, 1988 Mr. Wayne Johnson 11610 53rd Ave. No. Minneapolis, MN 55442 Re: S.P. 0205 (T.H.47) 120' So. of 61st Ave. N.E. Fridley, MN 55432 Dear Mr. Johnson: Please be advised that our permit section field reviewed the area of your property and they have informed our right of way section that the highway fence location is one foot east of the west property line. This is to say that any property which is outside of our right of way fence is that of the vacated alley, which will be conveyed to the City of Fridley. The conveyance will be started upon Mh/DOT receiving, from the City, resolution vacating the alley. I hope that this explanation is satisfactory for your needs. Sincerely, �phan Bucko Agreement Specialist cc: Kathy Castle, City of Fridley An Equal Opportunity Employer W CITY OF FM DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612) 571-3450 April 28, 1988 Mr. Wayne ,phnson 11610 53rd Avenue N. Plymauth, Mn. 55442 RE: Vacation of the alley in Block 5, Hyde Park Addition, Fridley, Mn. Dear Mr. Johnson, Enclosed you will find information regarding your vacation request at bets 22-30 Block 5, Hyde Park Addition. This information has been placed in the City Council agenda which will be reviewed on May2, 1988. At that time, the Council will have the first reading of the ordinance instead of the second since the whole alley is now being vacated and not the western half. If you have any questions regarding this item, please give me a call. I can be reached at 571-3450. Thank you for your titre in this matter. Sincerely, Kathlyn Castle Planning Assistant C-88-146 MEMO TO: Jock Robertson, Community Developnent Coordinator City Council Members MEMO FROM: Kathlyn Castle, Planning Assistant MEMO DATE: May 2, 1988 RQGARDING: Alley Vacation for Lots 22-30, Block 5, Hyude Park Addition, SAV 87-07 Staff attached a stipulation to Wayne Johnson's proposed alley vacation which requires him to install landscaping on the east side of his future garage. The purpose cf this stipulation is to provide screening frau University Avenue NE. Installation of this landscaping would encroach upon MnDOT's University Avenue NE Right of Way because the proposed garage will only have a one foot rear yard setback. This morning, I talked with Steve Bucko, a Transportation Engineer with MnDOT to receive approval of this encroachment. According to Mr. Bucko, the state would not allow this encroachment. M-88-115 i sit OLANNING DIVISON MEMORANDUM r CITYOF FRIDLEY MEMO TO: Jock Robertson. Community Development nirector Jim Robinson. Planning Coordinator MEMO FROM: Kathlyn Castle. Planning Assistant MEMO WE: May 11, 1988 REGARDING: SAV 87-07. Vacation of the Alley located in Lots 22-30► Block 5. Hyde park On May 10, 1988 the Appeals commission unanimously approved Mr. Johnson's request for a variance which reduces the rear yard setback for an accessory building frau three feet to one foot and the side yard setback for the same from five feet to three feet. The following two stipulations were attached to this variance : 1. The petitioner work with the neighbor to the north and the City engineer 4 on a sufficient drainage plan. 2. This variance is contingent on amity Council approval of the Alley Vacation. M-88-125 4 3 R I i I I i i MEMORANDUM 5 CITYOF FMDLEY OFFICE OF THE CITY MANAGER CIVIC CENTER• 6431 UNr4ERSITY AVE.N.E. NASIM M. OURESHI FRIDLEY,MINNESOTA 55432 .PHONE(41.2)571-3450 TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JAMES P. HILL, ACTING CITY MANAGER DATE: JULY 22, 1988 SUBJECT: VACATION FOR BLOCK 5, HYDE PARK, WAYNE JOHNSON On May 2 and May 16, 1988, the City Council approved an ordinance to vacate the 12 foot alley in lots 22-30, block 5, Hyde Park. The approved ordinance was correctly drafted, however the caption in the Council minutes of May 2 and May 16, 1988, was incorrectly stated to vacate the "westerly half of the alley." To correct this error, it is requested the Council consider the following motion: To direct the City Clerk to amend the caption of the City Council minutes of May 2 and May 16, 1988, to read as follows: "To vacate the 12 foot alley in block 5, Hyde Park, lying north of the south line of lot 22, extended easterly and south of the north line of lot 30, extended easterly, all lying east of an adjoining lots 22.-30, block 5, Hyde Park, generally located betweeen 61st Avenue, 60th Avenue, and between 3rd Street and University Avenue, by Wayne Johnson JPH/la CITY OF FRIDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 October 24, 1988 Wayne Johnson 11610 - 53rd Avenue N.E. Minneapolis, MN 55442 RE: Vacation, SAV #87-07 Dear Mr. Johnson: As per your request, I have determined the status of vacation, SAV #87-07, in which the 12 foot alley in Lots 22-30, Block 5, Hyde Park, was vacated. Prior to receiving your deed to the vacated alley, several steps need to take place. The first is to record the adopted ordinance at the Anoka County Courthouse. This was recorded on July 25, 1988, Document number 816149 and 177229 . After this has taken place, the Minnesota Department of Transportation (MnDOT) is responsible for drafting a quit claim deed which conveys their interest in the vacated alley to the City of Fridley. I have spoken with Steve Bucko, Agreement Specialist of MnDOT, who stated he is working with attorneys on this deed. Once the City receives this deed, we will declare it excess property. A new deed will be drafted which will quit claim the entire 12 foot vacated alley to the adjacent westerly property owners. The City cannot act on this until the necessary paperwork is received from MnDOT. I hope this answers your questions. If you need further information, please contact me at 571-3450. Sincerely, Kathlyn Castle Planning Assistant KC/dn C-88-534 W CITYOF FMDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 October 27, 1988 Mr. Steve Bucko Agreement Specialist Minnesota Department of Transportation District 5 2055 North Lilac Drive Golden Valley, MN 55422 RE: Vacation, SAV #87-07, Wayne Johnson Dear Mr. Bucko: Pursuant to our telephone conversation on October 25, 1988, I am writing to clarify the City policy for the alley vacation. When the City receives the State Deed quit claiming your interest in the vacated alley to Fridley, the City will dispose of the property by quit claiming the land to the adjacent property owners. Vacated land, in some instances, is sold if the property is developed. In this case, it is not; therefore, it won't be sold. I hope this answers your question. Please feel free to call me at 571-3450, ext. 168 . If you have any more concerns, I look forward to hearing from you. Sincerely, Kathlyn Castle Planning Assistant KC: ls C-88-543 • • 4XIANESq, O Z D ° Minnesota Department of Transportation I& p� Transportation Building, St. Paul, MN 55155 T OF T!eQ February 3, 1989 Phone 296-8648 Kathlyn Castle Planning Assistant City of Fridley 6531 University Avenue NE Fridley, MN 55442 In reply refer to: 7300 S.P. 0205 (56=156-23) Vacated Alley Adj. to Parcels 274 and 275 Conveyance to City of Fridley Dear Ms. Castle : Enclosed is a Quit Claim Deed which conveys the State ' s rights as described therein. The deed should be filed for record in the Anoka County Recorder ' s Office at your earliest convenience. This office should be advised of the recording data using the enclosed return envelope . SincjeYj1 R. J. Dinneen , Director Office of Right of Way and Surveys Enclosures: Quit Claim Deed Return envelope An Equal Opportunity Employer CITY OF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 February 16, 1989. Recorder's Office Anoka County Court House 325 E. Main Street Anoka, MN 55303 Dear Sir or Madam: Please record the attached document, Ordinance 905, vacating a 12 foot alley in Lots 22 through 30, Block 5, Hyde Park, against the memorials for the torrens property identified as document #24378 and #24027. This document had been recorded on the abstract property (document #816149 and #177229) , however, the City needs to record this easement against the memorials as identified so that it can then record a quit claim deed from the State of Minnesota. Should you need any further information, please feel free to contact me. Si cere , Barbara Dacy Planning Coordinator BD/dn C-89-60 COUNTY OF ANOKA 0 Office of the Examiner of Titles COURTHOUSE ANOKA, MINNESOTA 55303 612-422-7485 James J. Pauly Examiner of Titles March 9, 1989 Mr. Clyde Moravetz City of Fridley Civic Center 6431 University Ave. N.E. Fridley, MN. 55432 Re: Lots 1 through 6, Block 5, Hyde Park (Certificate of Title No. 24378) Dear Mr. Moravetz: I have enclosed the deed which you left with me on March 1, 1989. Following our meeting, I determined that the vacation ordinance affecting the 12 foot alley within Block 5, Hyde Park, was filed in the office of the Registrar of Titles on July 25, 1988 as Document No. 177229. The affidavit attesting publication of that ordinance was likewise filed in the office of the Registrar of Titles on July 25, 1988 and is Document No. 177230. It appears as though the State of Minnesota, as the holder of title to the adjoining portion of Lots 1 through 6, Block 5, Hyde Park, described in Certificate of Title No. 24378, would be entitled to a determination in proceedings subsequent that it now also holds title to the east half of that portion of the vacated alley lying between the westerly extensions of the north line of said Lot 1 and the south line of said Lot 6. As I mentioned during our meeting, before such a petition may be brought by the State, the memorials of Documents No. 177229 and 177230 must first be added to Certificate of Title No. 24378. The corresponding west half of the alley would accrue to the owners of Lots 25 through 30, Hyde Park, which land is also registered. The owners of Lots 25 and 26 are Wayne A. Johnson and Mary C. Johnson (Certificate of Title No. 59378); the owner of Lots 27 and 28 is David C. Curry (Certificate of Title No. 51019); and the owner of Lots 29 and 30 is Jerome A. Pohl (Certificate of Title No. 51941). If the City of Fridley also intends to eventually acquire the west half of the vacated alley, these individuals must likewise petition in a proceeding subsequent to obtain a judicial determination that the portions of the vacated alley have accrued to their respective lots. Only after that has been done can they convey the vacated alley to the City of Fridley. Affirmative Action / Equal Opportunity Employer � * 9E -2- As I mentioned during our meeting, I agree with the Registrar's decision to refuse the enclosed quit claim deed for filing based on the presence of Liquid Paper or "whiteout" on the document. In addition, the enclosed quit claim deed apparently seeks to limit the portion of the vacated alley conveyed to the City of Fridley through the use of the words "which accrues to said Lots 1 through 9 inclusive by reason of the vacation thereof." (emphasis added.) As such, this description is indefinite. The new quit claim deed from the State of Minnesota should convey only the east half of that part of the vacated alley which adjoins Lots 1 through 9, Block 5, Hyde Park, and should further describe the portion of the alley so conveyed by reference to the north and south lot lines of the adjoining lots. If you have any questions or comments, please feel free to contact me. rel , ame J. u y Exami e f Titles JJP/jr cc: Suanne Raymond ! • CITYOF FMDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 PHONE(612)571-3450 March 15, 1989 R. J. Dinneen Director, Office of Right-of-Way and Surveys Minnesota Department of Transportation District 5 Office 2055 North Lilac Drive Golden Valley, MN 55422 RE: Quit Claim Deed for your Parcel Identification; 7300 SP. 0205 (56=156-23) Vacated Alley Adjacent to Parcels 274 and 275. Dear Mr. Dinneen: Attached please find the correspondence from James J. Pauley, Examiner of Titles, from Anoka County, regarding the above referenced quit claim deed. Anoka County will not accept the deed as summarized in the last paragraph of his letter, because of the white out on the document, and because the language of the quit claim deed needs to be amended. Please review the attached letter and correct the quit claim deed as directed by Anoka County. Please forward an amended quit claim deed to my attention so that it can be recorded promptly. I appreciate your department's assistance in this matter. Sincerely, Barbara Dacy Planning Coordinator BD/dn cc: Steven Bucko Wayne Johnson • OOESO;P. O 2 n ° Minnesota Department of Transportation m pQ7 Transporta, n Building, St. Paul, MN 55155 F,t,T OF TVteQ March 24, 1989 Phone 296-8648 Barbara Dacy Planning Coordinator City of Fridley 6531 University Avenue N.E. Fridley, MN 55442 In reply refer to: 7300 S.P. 0205 (56=156-23) Anoka County Vacated Alley Conveyance to City of Fridley Dear Ms. Dacy: Enclosed is a revised Quit Claim Deed which conveys the State ' s rights as described therein. The deed should be filed for record in the Anoka County Recorder ' s Office at your earliest convenience. This office should be advised of the recording data using the enclosed return envelope . If you have any further questions on this matter you may contact Mr. J. G. Schmitz of this office at ( 612) 296-8648. Sincerely, R. J. D'n een , Director Off ' e Right of Way and Surveys Enclosures: Quit Claim Deed Return envelope I An Equal Opportunity Employer 1W CHY OF F14DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 April 3 , 1989 James J. Pauley Examiner of Titles Anoka County Courthouse Anoka, MN 55303 RE: Lots 1 through 6, Block 5, Hyde Park (Certificate of Title No. 24328) Dear Mr. Pauley: We have received your letter dated March 9 , 1989 regarding the quit claim deed from the State of Minnesota to the City of Fridley. The State of Minnesota has consequently drafted a new deed making the changes recommended by the Registrar, and we are submitting it for recording. The State believes it is not necessary to memorialize its Certificate of Title NO. 24378 with Document Nos. 177229 and 177230 (the City's ordinance and publication affidavit) because the State finds the alley to be abstract property. The abutting lots are apparently Torrens property, but the alley, according to the State, is not. Should you have any questions regarding the State's position, the attorney responsible for this case is David Phillips at 296-6472 . The City is anxious to resolve this matter and hopes that the deed can be recorded without delay. Please contact me should any problems arise. Thank you for your continued cooperation. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-89-149 U N OF FRI DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(6 12) 571-3450 May 18, 1989 James J. Pauley Examiner of Titles Anoka County Courthouse Anoka, MN 55303 Subject: Lots 1 through 6, Block 5, Hyde Park (Certificate of Title No. 24328) Dear Mr. Pauley: Please forward to my attention the Quit Claim Deed from the State of Minnesota to the City of Fridley regarding the above-referenced property that I transmitted to your office with a letter dated April 3 , 1989 . As we discussed on the telephone, the City will be working with the applicant to have the State Certificate of Title memorialized. Please return the Deed, as our City Attorney would like to review it and initiate this process.. Thank you for your help. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-89-292 • • • COUNTY OF ANOKA Office of the Examiner of Titles COURTHOUSE ANOKA, MINNESOTA 55303 612-422-7485 James J. Pauly Examiner of Titles June 5, 1989 Ms. Barbara Dacy Planning Coordinator Civic Center (Q 6431 University Ave. N.E. Fridley, MN 55432 RE: Lots 1 through 6, Block 5, Hyde Park TORREN CERTIFICATE OF TITLE 24328 Your letter of May 18th, 1989 Dear Ms. Dacy: As requested by the above referenced letter, I have enclosed the quit claim deed in favor of the City of Fridley dated March 23, 1989, which I received frau you on April 4, 1989. ere Jamey J. y `y Ex Titles Enc: quit claim deed Affirmative Action / Equal Opportunity Employer r jaw *PLANNING DIVI�ON MEMORANDUM CITYOF FRI DLEY DATE: June 12, 1989 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Planning Coordinator SUBJECT: Authorization to Begin Memorialization of State Certificates for Lots 1-6, Block 5, Hyde Park Several weeks ago, we discussed the memorialization procedure for the above-referenced property. These lots abut a 12 foot alley which was petitioned to be vacated by Wayne Johnson, owner of Lots 22-30, opposite the above-referenced lots. I have attached the correspondence from the Examiner of Titles. The State refuses to take on the responsibility of memorializing its certificate of title. We have worked with the property owner to arrange a 50% split of the cost incurred by doing the memorialization required. The City Manager authorized this arrangement. Please review the attached and begin proceedings to have the State certificate of title memorialized. It is my understanding that the attorney working on this matter for the State is David Phillips at 296-6472. I have been unable to reach him for his agreement on this process. Further, please arrange your billing such that 50% of the charges are made to the City of Fridley and that 50% to Wayne Johnson, 11610 - 53rd Avenue North, Plymouth, MN 55442 BD/dn M-89-310 1 • CITY OF FFUDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 June 30, 1989 Wayne Johnson 11610 - 53rd Avenue North Plymouth, MN 55442 Dear Mr. Johnson: I have reviewed your request for a building permit with the City Attorney. Before we can legally permit you to construct your garage on the east six feet of the alley, the City Council must accomplish the following: 1. The City Charter requires that the City Council pass an ordinance to declare City owned property as "excess" prior to conveying to abutting property owners. Although the City does not have legal ownership of the property, since we cannot record the Quit Claim Deed from the State of Minnesota, the City Attorney advises that the City Council can go through this process pending the completion of the memorialization process on the State Certificate of Title. The ordinance could not be effective, however, until the memorialization process is completed. The ordinance process requires concurrence from the Planning Commission, and a public hearing plus two readings before the City Council. Should you notify me that you wish to proceed with this process, I will arrange to have the Planning Commission consider your request on July 26, 1989 and a public hearing before the City Council on August 14, 1989. The first reading of the ordinance can occur also at the August 14, 1989, if the City Council determines that there are no major areas of concern, or if there are no objections from the neighborhood. The second reading of the ordinance can occur on August 28, 1989. 2. Also through this process, I will contact the remaining adjacent property owners to determine whether or not they wish to receive the additional vacated property. In this manner, the City Council can determine whether or not the City can convey all or part of the east six feet of the alley to the abutting owners. Wayne Johnson June 30, 1989 Page 2 Also in conjunction with approval of the ordinance, one of the vacation stipulations required that the City Council pass a resolution to allow you to encroach into a utility easement that is to be retained over the entire portion of the vacated alley. Meanwhile, the City Attorney's office can complete the memorialization process. When completed, the deed from the State can be recorded, and then the City can convey a deed to you. If we issued you a building permit before the above two steps, we would be pre-supposing the City Council 's decision on the property. You would also have assumed the liability of removing the garage if the City Council chose not to convey the property, or if the memorialization process encounters any problems. Below is a list of the stipulations that were approved for the vacation as required by the City Council on May 16, 1988 : 1. A utility easement is to be maintained over the entire portion of the vacated alley. (Given that our Attorney's office will handle the memorialization process, the utility easement can also be prepared by them. ) 2 . Petitioner to install a hardsurface driveway to 3rd Street in conjunction with construction of a garage. 3 . Garage location contingent upon passage of a resolution by City Council authorizing a specified distance of encroachment into retained easement and the City's conveyance of the east half of the alley to owners west of alley. (The passage of a resolution would also be completed in conjunction with the declaration of excess property at the east half of the alley. ) 4 . Petitioner to escrow funds with Public Works Department sufficient to cover curb work on 3rd Street. 5. Dumpster to be fully screened. 6. Landscaping to be installed on the east half of the garage once completed to screen from University Avenue. (I note from the proposed site plan that the rear yard setback is approximately one foot. I have a note in my file that the Minnesota Department of Transportation will not permit landscaping in the University Avenue right-of-way. I would appreciate your recollection of the history of this stipulation) . Wayne Johnson June 30, 1989 Page 3 7. Power line clearance must be obtained upon garage construction, eight feet for over a flat roof, four feet over a slanted roof, as per Northern States Power requirements. 8. Petitioner to post a bond or letter of credit to cover driveway improvements. An escrow for City contractor to install driveway may be acceptable. I know this process seems incredible for such a small amount of land; however, I will do my best to ensure that the above outlined process is maintained on schedule. Please review the above, and notify me as to whether or not you wish to proceed. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-89-402 cc: Virgil Herrick TATE 07/18/89 PAGE 1 'ROGRAM MA02 . MASTER ADDRESS LIST Bo )IN: 23-30-24-22-0012 0000 STATUS: A STREET SEGMENT: LOT: 22 THRU 23 BLOCK: 5 ADDITION: HYDE PARK PLAT: 56308 PARCEL: 1581 PLAT DESCRIPTION: LOT 22 AND S 1/2 OF LOT 23 ��J a" PROPERTY ADDRESS: 6031 3 STREET 55432 RESIDENT: DAVID G HENRIKSON RESIDENT BUSINESS: OWNER : DAVID G HENRIKSON OWNER BUSINESS: OWNER ADDRESS 6031 3RD STREET FRIDLEY MN, 55432 COMMENTS: HOMESTEAD (SAV8707 INC W1/2 ALLEY VAC 'IN: 23-30-24-22-0013 0000 STATUS: A STREET SEGMENT: LOT: 23 THRU 24 BLOCK: 5 ADDITION: HYDE PARK PLAT: 56308 PARCEL: 1582 PLAT DESCRIPTION: N 1/2 OF LOT 23 AND ALL OF LOT 24 �"7 PROPERTY ADDRESS: 6041 3 STREET 55432 RESIDENT: JOHN A EARLEY RESIDENT BUSINESS: OWNER : JOHN A EARLEY OWNER BUSINESS: OWNER ADDRESS 6041 3RD STREET , FRIDLEY MN, 55432 COMMENTS: HOMESTEAD (SAV 8707 INC W1/2 ALLEY VAC) 'IN: 23-30-24-22-0014 0000 STATUS: A STREET SEGMENT: LOT: 25 THRU 26 BLOCK: 5 ADDITION: HYDE PARK PLAT: 56308 PARCEL: 1600 PLAT DESCRIPTION: PROPERTY ADDRESS: 6051 3 STREET 55432 `/✓ t �� RESIDENT: WAYNE A JOHNSON RESIDENT BUSINESS: OWNER : WAYNE A JOHNSON OWNER BUSINESS: OWNER ADDRESS 11610 53RD AVENUE NORTH PLYMOUTH MN, 55442 COMMENTS: (INC W1/2 ALLEY VC) IN: 23-30-24-22-0014 0001 STATUS: A STREET SEGMENT: LOT: THRU BLOCK: ADDITION: PLAT. 0 PARCEL: 0 PLAT DESCRIPTION: PROPERTY ADDRESS: 6053 3 STREET 55432 RESIDENT: RESIDENT BUSINESS: OWNER OWNER BUSINESS: OWNER ADDRESS 6053 3RD STREET FRIULEY MN, 55432 COMMENTS: 'IULTIPLE (6051) IN: 23-30-24-22-0014 0002 STATUS: A STREET SEGMENT: LOT: THRU BLOCK: ADDITION: PLAT: 0 PARCEL: 0 PLAT DESCRIPTION: PROPERTY ADDRESS: 6055 3 STREET 55432 RESIDENT: RESIDENT BUSINESS: OWNER OWNER BUSINESS: OWNER ADDRESS 6055 3RD STREET FRIDLEY MN, 55432 COMMENTS: MULTIPLE (6051) IN: 23-30-24-22-0015 0000 STATUS: A STREET SEGMENT: LOT: 27 THRU 28 BLOCK: 5 ADDITION: HYDE PARK PLAT: 56308 PARCEL: 1640 PLAT DESCRIPTION: (@ PROPERTY ADDRESS: 6063 3 STREET 55432 RESIDENT: RESIDENT BUSINESS: OWNER : DAVIDE C CURRY OWNER BUSINESS: OWNER ADDRESS 5125 E TWIN LAKES BLVD BROOKLYN CENTER, MN, 55420 COMMENTS: tSAV INC W1/2 ALLEY VAC) 5 3� -?.'�77 TATE 07/18/89 PAGE 2 'ROGRAM MA02 • MASTER ADDRESS LIST Bo 'IN: 23-30-24-22-0015 0001 STATUS: A STREET SEGMENT: LOT: THRU BLOCK: ADDITION: PLAT: 0 PARCEL: 0 PLAT DESCRIPTION: PROPERTY ADDRESS: 6061 3 STREET 55432 RESIDENT: RESIDENT BUSINESS: OWNER OWNER BUSINESS: OWNER ADDRESS 6061 3RD STREET FRIDLEY MN, 55432 COMMENTS: MULTIPLE (6063) 'IN: 23-30-24-22-0016 0000 STATUS: A STREET SEGMENT: LOT: 29 THRU 30 BLOCK: 5 ADDITION: HYDE PARK PLAT: 56308 PARCEL: 1680 PLAT DESCRIPTION: PROPERTY ADDRESS: 6073 3 STREET 55432 RESIDENT: RESIDENT BUSINESS: OWNER : JEROME A W6 ill OWNER BUSINESS: OWNER ADDRESS 6110 STAR LANE NE FRIDLEY MN, 55432 COMMENTS: * * 8 RECORDS SELECTED HERRICK & N EWMAID 2D ATTORNEYS AT LAW Virgil G. Herrick James D. Hoeft Gregg V. Herrick Of Counsel David P.Newman M E M O R A N D U M TO: Barb Dacy, Planning Coordinator FROM: Gregg Herrick, Assistant City Attorney DATE: July 20, 1989 RE: City of Fridley - Wayne Johnson I had the opportunity on Wednesday, July 19, to discuss this matter with Jim Pauley, the Anoka County Examiner of Titles. We came to the conclusion that the following steps would be necessary to transfer title of the east half of the alley to the adjacent property owners. 1. The ordinance vacating the alley together with the affidavit of publication must be filed on the state certificate of title.. 2. The ordinance and affidavit of publication by the city declaring the property in question as excess needs to be completed. 3. Once the above has been accomplished a petition can be filed requesting the recorder's office to accept for filing on each resident's certificate of title deeds to them of the subject property together with the city's ordinances which would then transfer the property to those owners. Since we must wait until the process in which the city declares the property as excess has been completed I will await word from you that this has been done. You also indicated that you would contact the adjacent property owners to determine whether they were interested in participating in this proceeding subsequent. GVH/lal Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 tNEW CO UNITY DEVELOPMENT DEPARTMENT CIWOF FW DLEY MEMORANDUM DATE: July 20, 1989 TO: William Burns, City Managers\ , FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Establish a Public Hearing for Sale of Excess Property, East Six Feet of Vacated Alley, Block 5, Hyde Park, by Wayne Johnson BACKGROUND On May 16, 1988 the City Council approved a vacation request by Wayne Johnson to vacate a 12 foot wide alley along the rear of the properties located between Lots 22 through 30, Block 5, Hyde Park. The petitioner wanted to construct a garage for his rental property at 6051 - 3rd Street (Lots 25 and 26) . During consideration of the request, it was determined that the east six feet of the alley would accrue to the State of Minnesota since MnDOT acquired platted lots in Hyde Park for widening of TH 47 . After recording the ordinance to vacate the alley, the Anoka County Title Examiner notified the City that the State of Minnesota would have to deed the east six feet of the alley to the City prior to conveyance to abutting property owners including the petitioner. Further, the Examiner of Titles stated that the State ' s Certificate of Title for the property would have to be memorialized with the City's ordinance vacating the alley as well as the affidavit of publication. The memorialization process requires a court proceeding which may take three to six months. The State was unwilling to incur the costs associated with the process given the small amount of property affected. On May 10, 1988 the Appeals Commission granted a rear and side yard setback variance to construct the garage one foot from the rear lot line and three feet from the side lot line contingent upon the successful completion. of the vacation process. • • 2C Wayne Johnson July 20, 1989 Page 2 ANALYSIS The petitioner filed the vacation application in June of 1987. Mr. Johnson, frustrated with the State' s refusal to memorialize the Certificate of Title, as well as the passage of two years, requested the City to do the memorialization process. Because of the unforseen costs and procedures involved with the vacation request, staff agreed to proceed with the memorialization process, but to divide the costs equally with Mr. Johnson. The cost of the memorialization process may range from $500 to $1, 000. Given that the memorialization process may take up to six months, staff recommended that the petitioner proceed with the excess property process simultaneously in order to identify any problems with conveying the property to him or the other affected property owners. RECOMMENDATION Staff recommends the City Council establish August 14 , 1989 for the public hearing date for the sale of excess property. Because the July 26, 1989 Planning Commission meeting was cancelled, the Planning Commission will consider the request on August 16, 1989. BD/dn M-89-417 CITY OF FM DLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 July 25, 1989 Wayne Johnson 11610 - 53rd Avenue North Plymouth, MN 55442 Dear Mr. Johnson: The City Council at the July 24 , 1989 meeting established August 14 , 1989 as the public hearing for the sale of the east six feet of the vacated alley. Enclosed is a memorandum from the City Attorney' s office regarding the procedure to transfer title of the east half of the alley to the adjacent property owners. The City Attorney' s office has now advised that the public hearing process be completed prior to the memorialization of the State ' s Certificate of Title. Also, the City Council inquired as to whether or not you could construct the garage on the westerly six feet and not use the easterly six feet of the alley in order to avoid the lengthy process for you. I know we discussed this before, but please contact me if this is an option you want to pursue. You mentioned to me on the telephone that you did not want to attend some of the meetings that were necessary to complete this process. However, after the City Council ' s comments on Monday evening, I think it is imperative you attend the public hearing on August 14 , 1989 and relate to them in person the concerns that you have had regarding this process. Please feel free to contact me at any time. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-89-468 * HERRICK & N EWMAA ATTORNEYS AT LAW Virgil C. Herrick James D. Hoeft Gregg V. Herrick Of Counsel David P.Newman M E M O R A N D U M TO: Barb Dacy, Planning Coordinator FROM: Gregg Herrick, Assistant City Attorney DATE: August 2, 1989 RE: City of Fridley - Wayne Johnson The last word I had on this file was that a proposal was going to be given to Mr. Johnson that he be given a variance and allowed to build his garage close to his current property line, as opposed to commencing with the Proceeding Subsequent to transfer the additional six feet to his title. It is my understanding that, unless and until I receive further word on this matter, nothing further shall be done on the Proceeding Subsequent. GVH:ldb Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 CITY OF FRIDLEY I-RIDLFY %1L 11C'IIIAL CENTER •0431 UN AVE. N.F. FRIDLFI. 'ON 554,' • 1012)571-3450• FAX (0121 .5-I-1'�- August 4 , 1989 Jerome A. Pohl 6110 Star Lane N. E. Fridley, MN 55432 Dear Mr. Pohl : It is my understanding that you are the owner of Lots 29 and 30, Block 5, Hyde Park. You have probably received a notice from the City regarding a public hearing for the sale of excess property of the east six feet of the 12 foot alley at the rear or east side of your property. You may also recall that the City conducted a vacation hearing to vacate the 12 foot alley in 1987-1988 . The City has determined that as a result of the vacation process, that the east six feet of the alley would accrue to the State of Minnesota, as they purchased those lots for T.H. 47 . I have attached a copy of the letter from the Examiner of Titles office at Anoka County regarding the east six feet of the alley. Anoka County has advised the City that in order for the abutting property owners to obtain the entire 12 foot alley (as was requested by the petitioner, Wayne Johnson) , the State of Minnesota must deed the east six feet to the City and then the City conveys the east six feet to the abutting property owners. However, prior to the State conveying title of the east six feet to the City, the State certificate of title must be memorialized with two documents. The certificate of title must be memorialized with the vacation ordinance and the affadivit of publication. The City is conducting the sale of excess property public hearing prior to the conveyance of the east six feet from the State of Minnesota to the City in order to determine whether or not other abutting property owners, such as yourself, are interested in having the east six feet of the alley also accrue to your property. If so, the City will proceed with the necessary legal process to have the property added to your title. The additional 12 feet of depth to your property will result in a very small increase in your property value which would not result in a significant increase in your property taxes. We can calculate � M Jerome A. Pohl August 4 , 1989 Page 2 the exact increase, however, it is my understanding that the increase may be less than $5. 00-$10. 00 for the year. Please contact me as soon as possible with any questions you may have regarding this process and whether or not you would be able to attend the public hearing that is scheduled to be held on August 14 , 1989 at 7 : 30 p.m. Thank you for your cooperation. Sincerely, Barbara Dacy Planning Coordinator BD/dn cc: Virgil Herrick, City Attorney' s Office Greg Herrick, City Attorney' s Office Wayne Johnson C-89-493 i CITY OF FRI DLLY FRIDIJAM UNICIPAL CF\TER • h4,1 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 - (612)571-3-1511• FAX (612) X71-1287 August 4 , 1989 David Curry 5125 E. Twin Lake Boulevard Minneapolis, MN 55429 Dear Mr. Curry: It is my understanding that you are the owner of Lots 27 and 28 , Block 5, Hyde Park. You have probably received a notice from the City regarding a public hearing for the sale of excess property of the east six feet of the 12 foot alley at the rear or east side of your property. You may also recall that the City conducted a vacation hearing to vacate the 12 foot alley in 1987-1988 . The City has determined that as a result of the vacation process, that the east six feet of the alley would accrue to the State of Minnesota, as they purchased those lots for T.H. 47. I have attached a copy of the letter from the Examiner of Titles office at Anoka County regarding the east six feet of the alley. Anoka County has advised the City that in order for the abutting property owners to obtain the entire 12 foot alley (as was requested by the petitioner, Wayne Johnson) , the State of Minnesota must deed the east six feet to the City and then the City conveys the east six feet to the abutting property owners. However, prior to the State conveying title of the east six feet to the City, the State certificate of title must be memorialized with two documents. The certificate of title must be memorialized with the vacation ordinance and the affadivit of publication. The City is conducting the sale of excess property public hearing prior to the conveyance of the east six feet from the State of Minnesota to the City in order to determine whether or not other abutting property owners, such as yourself, are interested in having the east six feet of the alley also accrue to your property. If so, the City will proceed with the necessary legal process to have the property added to your title. The additional 12 feet of depth to your property will result in a very small increase in your property value which would not result in a significant increase in your property taxes. We can calculate David Curry August 4 , 1989 Page 2 the exact increase, however, it is my understanding that the increase may be less than $5. 00-$10. 00 for the year. Please contact me as soon as possible with any questions you may have regarding this process and whether or not you would be able to attend the public hearing that is scheduled to be held on August 14 , 1989 at 7 : 30 p.m. Thank you for your cooperation. Sincerely, Barbara Dacy Planning Coordinator BD/dn cc: Virgil Herrick, City Attorney's Office Greg Herrick, City Attorney' s Office Wayne Johnson C-89-493 CO UNITY DEVELOPMENT DEPARTMENT CITY OF FMCCEY MEMORANDUM DATE: August 17, 1989 TO: William Burns, City Manager FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Consideration of Shared Payment for Court Fees for Proceedings Subsequent for Alley Vacation, Wayne Johnson The City Council at the August 14 , 1989 meeting wanted to discuss in more detail staff's recommendation to have the City share in the court expenses to memorialize the State of Minnesota 's certificate of title for the east six feet of the alley in Block 5, Hyde Park. We discussed two options with the City Attorney: 1 . When this issue arose last fall, the City Attorney advised that the costs would range between $500. 00 to $1, 000. 00. Given the State' s refusal to complete the memorialization process and because of the small amount, we advised Mr. Johnson that the City could pay up to 50% of the fees. As to who pays the remaining 50%, Mr. Johnson volunteered to negotiate with the interested property owners. 2 . The City Attorney has agreed that his office will perform the work at a cost not to exceed $1, 000. 00. We believe that if the City does not participate in the costs, the City should not determine for the property owners as to who would pay the most or what the cost split should be. Mr. Johnson volunteered to negotiate with the interested property owners once the City Council has made their decision as to whether or not they wish to participate in the cost of the proceeding subsequent. RECOMMENDATION Staff maintains its recommendation as reflected in #1. We are sensitive to the City Council 's concerns for "public purpose" ; however, we determined that this was an unusual case and one that would not be repeated. Further, we researched our vacation files and found that the City has not processed a vacation request adjacent to Highway 47 . M-89-494 CO UNITY DEVELOPMENT FroDEPARTME NT CIWOF FMIX-EY MEMORANDUM DATE: August 23 , 1989 TO: William Burns, City Manager ' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Wayne Johnson, Request for City Assistance r Wayne Johnson has asked to appear before the City Council to request that the City Council assist in defraying the court expenses to complete the memorialization of the State ' s Certificate of Title regarding the alley vacation request behind Mr. Johnson ' s property in Block 5 of Hyde Park. Should the City Council concur with Mr. Johnson 's request, a motion can be made to authorize payment. BD/dn M-89-508 *PLANNING DIVI�rC7N - MEMORANDUM UTYOF FRl DLEY DATE: November 1, 1989 TO: Virgil Herrick, City Attorney FROM: .Barbara Dacy, Planning Coordinator SUBJECT: Wayne Johnson Memorialization Request r Wayne Johnson contacted me on October 27, 1989 to authorize me to proceed with the memorialization process of the necessary documents against his property at 6051 - 3rd Street N.E. , as well as the four property owners to the north of him abutting 3rd Street. He has arranged with the neighbors the following plan: 1. Your office would not charge more than $1, 000 for the memorialization process (you had previously agreed to this amount earlier in this case) . 2 . The four remaining property owners would be responsible up to $125. 00 each. Wayne Johnson would then be responsible for the remaining amount. Mr. Johnson has inquired as to whether or not a separate bill can be created for the four other property owners. He is concerned that although all of them have now indicated their willingness to pay the $125. 00, collection by him may be more difficult than through your office. Please advise me as to whether or not this is feasible. Should you need any further information, please feel free to contact me. BD/dn cc: William Burns M-89-663 ShERMCK & N EWMAN • 4J ATTORNEYS AT LAW Virgil C. Herrick James D. HoeApril 19 1990 Hoeft Gregg V. Herrick Of Counsel David P.Newman Barbara Dacy Planning Coordinator City of Fridley 6431 University Avenue "I.E. Fridley, MN 55432 RE: Wayne A. Johnson Dear Barb: This letter is to confirm our phone conversation of last week in which you indicated that you would place this matter back on the City' s agenda to complete the process necessary to obtain an ordinance declaring the property excess. You had indicated that you would check with the Henricksons and the Earleys to determine whether they wished to have the additional property deeded to them. Because the Currys and the Dohls have torrens property and have not elected to be part of the proceeding subsequent it would presumably be their intent not to have the property in question deeded to them. As soon as you have checked with the other property owners it is my understanding that this matter will be scheduled to be heard by the City and an ordinance should issue. Please contact me if you have any questions or problems or if attendance by Mr. Johnson or myself as his representative is necessary in any of the proceedings. Sincerely, - Gregg Herrick GVH/lal Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 CITY OF FWDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE (612)571-3450 April 30, 1990 David G. Henrickson 6031 - 3rd Street N.E. Fridley, MN 55432 Dear Mr. Henrickson: As I understand, you have been approached by Wayne Johnson regarding participation in a process to have the 12 foot alley in the rear of your lot formally placed on the title of your property. This process applies to Torrens property only. The Johnson' s, Curry's and Dohl ' s have Torrens property. However, your property is Abstract as well as the Early property. As such, it is not necessary for you to participate in the court process. Therefore, I need to determine whether or not you would be willing to accept the addition of the east six feet to the rear of your property. There will be no cost to close on the property. As I stated in my August 4, 1989 letter, the additional property will result in a very small increase in property value. It is my understanding from the City Assessor's office that the increase may be less than $5. 00 - $10. 00 for the year. Please contact me upon receipt of this letter at 572-3591. Since Ely G� �tti Barbara Dacy Planning Coordi r BD/dn cc: Gregg Herrick William Burns C-90-226 r, 4 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 April 30, 1990 Wayne Johnson 11610 - 53rd Avenue North Plymouth, MN 55442 Dear Wayne: This is to update you on our progress about the proceeding subsequent for the memorialization of the ordinance vacating the 12 foot alley to the rear of your property on 3rd Street N.E. I understand from Gregg Herrick that the Curry's and the Dohl 's have Torrens property and they have opted not to be part of the proceeding subsequent, leaving the Henrickson and the Early property. Gregg Herrick informed me that their properties are abstract properties and therefore the City could simply quit claim deed the easement to the Henrickson's and Early's without the necessity of a memorialization process. I have therefore written the Henrickson's and Early's to confirm if they will accept the quit claim deed. If they do, then we would schedule the ordinance to declare the alley property "excess" and adopt the ordinance so that the City can execute deeds with the abutting property owners. If the Henrickson' s and Early's determine that they do not want to have the additional property deeded to them, then the City Council would decide whether or not they feel comfortable owning the east six feet of the vacated alley to the north and south of your lot. Should you have any questions regarding this process, please feel free to contact me. Please refer to my letter dated June 30, 1989 regarding the remaining steps that would need to be accomplished to conclude this issue. I look forward to hearing from you. Since 1y ` Barbara Da Planning Coordi o cc: Gregg Herrick William Burns C-90-225 • 0 CITY OF FRIDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 April 30, 1990 I John A. Early 6041 - 3rd Street N.E. Fridley, MN 55432 Dear Mr. Early: As I understand, you have been approached by Wayne Johnson regarding participation in a process to have the 12 foot alley in the rear of your lot formally placed on the title of your property. This process applies to Torrens property only. The Johnson's, Curry's and Dohl 's have Torrens property. However, your property is Abstract as well as the Henrickson property. As such, it is not necessary for you to participate in the court process. Therefore, I need to determine whether or not you would be willing to accept the addition of the east six feet to the rear of your property. There will be no cost to close on the property. As I stated in my August 4 , 1989 letter, the additional property will result in a very small increase in property value. It is my understanding from the City Assessor's office that the increase may be less than $5.00 - $10.00 for the year. Please contact me upon receipt of this letter at 572-3591. Sincer ly, Barbara Dacy Planning Coordina BD/dn cc: Gregg Herrick William Burns C-90-226 f. 4 COIF UNITY DEVEL PMENT DEPARTMENT CITY OF FMDLEY MEMORANDUM DATE: May 17 , 1990 TO: William Burns, City Manageri� FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: First Reading of Ordinance for the Sale of Excess Property; East 6 Feet of a Vacated Alley; Wayne Johnson Background On August 14 , 1989, the City Council conducted a public hearing to determine whether or not the east 6 feet of the vacated 12 foot alley abutting Lots 1 through 9, Block 5, Hyde Park, should be considered as excess, and conveyed to abutting property owners on Lots 22 through 30, Block 5, Hyde Park (see attached graphic) . The City Council closed the public hearing and requested that the petitioner, Wayne Johnson, confer with the adjacent property owners to share in the expenses of conducting the court proceedings to memorialize the certificates for the additional property. The property owners have already accrued the west 6 feet of the alley by virtue of the alley vacation approved by the City Council in May, 1988 . As you may recall, in order for the property owners to obtain title of the east 6 feet of the alley, a deed from the State of Minnesota must be conveyed to the City first prior to conveyance to the abutting property owners. The two property owners to the north of Mr. Johnson have Torrens property and opted not to participate in the court process. The two property owners to the south of Mr. Johnson have abstract property and have decided to accept the east 6 feet of the 12 foot alley. Because these property owners have abstract property, there are no costs to them since they do not have certificates which need to be memorialized. By separate contract with Herrick and Newman, Mr. Johnson is moving forward with the memorialization process for his property. 4A Excess Property; Johnson May 17 , 1990 Page 2 Mr. Johnson received a rear and side yard setback on May 10, 1988 to construct a garage 1 foot from the rear lot line and 3 feet from the side lot line contingent upon successful completion of the vacation process. Analysis In order to convey title to the abutting property owners, the City needs to declare the east 6 feet of the 12 foot alley as "excess" and authorize the sale to the abutting property owners. This means that upon approval by the City Council, the City would quit claim the east 6 feet of the 12 foot alley and convey it to the abutting owners at Lots 22 through 26, Block 5, Hyde Park. Because the property owners to the north of Johnson are not participating in the process, the City would retain ownership of the east 6 feet of the 12 foot alley for approximately 160 feet. While it would be cleaner to have the entire 12 foot alley attached to the abutting properties, the property owners have the option of pursuing the memorialization process on their own at a future date, or when they sell the property. The City obtained the east 6 feet of the alley from the State of Minnesota at no cost. Because of the minimal amount of value that the 6 feet will add to the abutting properties, no compensation is proposed from the Johnson's, Early's, or Henrikson's. Further, they will not agree to the conveyance if there is any cost to them. Recommendation Staff recommends the City Council approve the attached ordinance for first reading. BD/dn M-90-353 FM COMMUNITY DEVELOPMENT 3 DEPARTMENT 01yoF FMCCLY MEMORANDUM DATE: May 30, 1990 TO: William Burns, City Manager�4 FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Second and Final Reading for the Sale of Excess Property, East Six Feet of a Vacated Alley, Wayne Johnson At the May 21, 1990, meeting, the Council approved for first reading the attached ordinance declaring the east six feet of the alley abutting Lots 5-9, Block 5, Hyde Park, as excess property. Second and final reading is recommended. BD:ls M-90-385 2C CITYOF FM DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450•FAX (612) 571-12217 June 8, 1990 Jerry Dold 6110 Star Lane N.E. Fridley, MN 55432 Dear Mr. Dold: It is my understanding that you do not wish to participate in the "proceeding subsequent" along with Wayne Johnson to memorialize your Torrens certificate. As you are aware, the City has passed an ordinance vacating the alley to the rear of your property. The west 6 feet of the alley has accrued to your property. The east 6 feet is now in the City's ownership, as we have received the deed from the State of Minnesota. Should you decide to sell your property in the future, conveyance would not include the east 6 feet of the alley, since it will be in the City's ownership. If you wish to acquire it at some future time, you will need to contact my office to begin those proceedings. Please note that should the City decide to utilize this portion of the alley, any structures or improvements within the City's 6 feet may need to be removed. The cost to replace or relocate such improvements will be at your expense. The portion of the alley abutting the Johnson's, Henrickson's, and Early's property will be conveyed to them in the near future. The City Council will be adopting an ordinance for second and final reading on June 18, 1990 authorizing this conveyance. Should you have any questions, please feel free to contact me. r Sincerely, Barbara Dacy Planning Coordinator cc: William Burns Gregg Herrick C-90-336 2B CITY OF FMDLLY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450•FAX (612) 571-1287 June 11, 1990 David Curry 5125 East Twin Lake Boulevard Minneapolis, MN 55429 Dear Mr. Curry: It is my understanding that you do not wish to participate in the "proceeding subsequent" along with Wayne Johnson to memorialize your Torrens certificate. As you are aware, the City has passed an ordinance vacating the alley to the rear of your property. The west 6 feet of the alley has accrued to your property. The east 6 feet is now in the City' s ownership, as we have received the deed from the State of Minnesota. Should you decide to sell your property in the future, conveyance would not include the east 6 feet of the alley, since it will be in the City 's ownership. If you wish to acquire it at some future time, you will need to contact my office to begin those proceedings. Please note that should the City decide to utilize this portion of the alley, any structures or improvements within the City' s 6 feet may need to be removed. The cost to replace or relocate such improvements will be at your expense. The portion of the alley abutting the Johnson' s, Henrickson' s, and Early' s property will be conveyed to them in the near future. The City Council will be adopting an ordinance for second and final reading on June 18 , 1990 authorizing this conveyance. Should you have any questions, please feel free to contact me. Sincerely, Barbara Dacy Planning Coordinator cc: William Burns Gregg Herrick C-90-336 1 CITY OF FM DLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E.FRIDLEY, MN 55432 • (612)571-3450•FAX (612)571-1287 June 20, 1990 Wayne Johnson 11610 - 53rd Avenue North Plymouth, MN 55442 Dear Mr. Johnson: This is to notify you that the City Council at the June 18, 1990 meeting approved for second and final reading the sale of excess property for the east 6 feet of the vacated alley at the rear of your property. I am in the process of working with Gregg Herrick regarding the remaining steps that need to be completed in order for you to construct the garage at the rear of your property. I have consulted with the Public Works Department regarding the driveway. Mark Winson and I will meet with you at your site on Monday, June 25, 1990 at 9:00 a.m. Sincerely, Barbara Dacy Planning Coordinator BD/dn C-90-365 " ` 7 Community Development Department PLANNING DMSION City of Fridley DATE: March 13 , 1991 TO: William Burns, City Manager Jim Hill, Acting City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Conveyance of Six Feet of Vacated Alley to Wayne Johnson Attached for the Mayor and City Clerk's signatures is the quit claim deed to convey the east half of the vacated alley behind the Wayne Johnson residence. You may recall that Mr. Johnson has been trying to construct a garage at the rear of his property, but has not been able to do so because of the title issues concerning the alley along University Avenue. Please have the Mayor execute the easement, have it notarized, and forward it to Shirley Haapala. After Shirley signs the document, it should be returned to my office. BD/dn M-91-175 Quit Claim Deed Corporation to Individual No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. 19 County Auditor by Deputy STATE DEED TAX DUE HEREON: $1 .65 Date : , 1991 FOR VALUABLE CONSIDERATION, The City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota, Grantor, hereby convey(s) and quitclaim(s) to Wayne A. Johnson and Mary C. Johnson, husband and wife, Grantee( s) , as joint tenants , real property in Anoka County, Minnesota, described as follows : The East Half P94tq part of the vacated alley which adjoins Lots and' \ Block 5, Hyde Park, lying north of the south line of\Lot 5 extended westerly and south of the north line of Lot 4 extended westerly, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. Subject to reservations, restrictions and easements of record, if any, The Grantor certifies that the Grantor does not know of any wells on the described real property, TOTAL CONSIDERATION OF THIS TRANSFER IS $500 .00 OR LESS together with all hereditaments and appurtenances belonging thereto. THE CITY OF FRIDLEY, MINNESOTA BY: William J. Nee Its Mayor BY: Shirley A. Haapala Its City Clerk STATE OF MINNESOTA) )ss . COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this day of , 1991 by William J. Nee, the Mayor, and by Shirley A. Haapala, the City Clerk, of The City of Fridley, Minnesota, a public body and Corporate politic under the laws of Minnesota, on behalf of the Corporation. Tax Statements for the real property described in this instrument should be sent to: Wayne A. and Mary C. Johnson 11601-53rd Avenue North Plymouth, MN 55442 THIS INSTRUMENT WAS DRAFTED BY: HERRICK & NEWMAN Suite 205 6401 University Avenue Northeast Fridley, MN 55432 (612 ) 571-3850 STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT In the Matter of the Petition of Wayne A. Johnson and Mary C. Johnson in relation to Certificate of Title AMENDED ORDER TO No. 24378 issued for land in the SHOW CAUSE County of Anoka and State of Minnesota and legally described as FILE NO. C2-90-9165 follows : That part of Lots One ( 1 ) , Two ( 2 ) , Three ( 3 ) , Four (4) , Five ( 5 ) , and Six (6) , Block Five ( 5 ) , Hyde Park, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County, lying westerly of the highway; and in relation to Certificate of Title No. 59378 issued for land in the County of Anoka and State of Minnesota and legally described as follows : Lots Twenty-five (25 ) and Twenty-six ( 26 ) , Block Five ( 5 ) , Hyde Park, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County TO: THE STATE OF MINNESOTA AND THE CITY OF FRIDLEY: Upon receiving and filing the Report of the Examiner of Titles in the above entitled matter , IT IS ORDERED, that you, and all persons interested, appear before this Court on the 25th day of April , 1991 at 3 : 30 P .M. in the Anoka County Court House, in the City of Anoka , County of Anoka, State of Minnesota , and then, or as soon thereafter as said matter can be heard, show cause, if any there be , why this Court should not enter an Order as follows : f 1 . That the Registrar of Titles of Anoka County, upon the filing with him of a certified copy of this Order add to Certificate of Title No. 24378 the memorials of documents No. 177229 and 177230 , and that he thereupon show by memorial that there is added to the land description the following land : That part of the vacated alley in Block 5 , "Hyde Park" lying east of the centerline thereof and between the westerly extensions across it of the north line of Lot 1 and of the south line of Lot 6 , said Block 5 . 2 . That the Registrar of Titles , without surrender of the owner ' s duplicate of Certificate of Title No. 24378 , thereupon receive for filing ( 1 ) the quitclaim deed from the State of Minnesota in favor of the City of Fridley, dated March 23 , 1989 , ( 2 ) a certified copy of Ordinance No. 948 of the City of Fridley, adopted June 18 , 1990 , and ( 3 ) the deed from the City of Fridley in favor of Wayne A. Johnson and Mary C. Johnson , as joint tenants , dated March 18 , 1991 . 3 . That the Registrar of Titles show by memorial on Certificate of Title No. 59378 that there is added to the land description the following land: That part of the vacated alley in Block 5 , "Hyde Park" , lying west of the centerline thereof and between the easterly extensions across it of the north line of Lot 26 and the south line of Lot 25 , said Block 5 . That part of the vacated alley in Block 5 , "Hyde Park" , lying east of the centerline thereof and between the westerly extensions across it of the north line of Lot 5 and of the south line of Lot 6 , said Block 1 . And that in future certificates of title issued for the land described in Certificate of Title No . 59378 , the Registrar of Titles place said added land description in the body of the certificate along with the description of the premises described in said certificate of title and that he omit from said certificates the memorials of documents No. 177229 and 177230 , and also the memorial of this Order . 4 . That the Registrar of Titles enter a new certificate of title in favor of the City of Fridley for land in Anoka County described as follows : That part of the vacated alley in Block 5 , "Hyde Park" lying east of the centerline thereof and between the westerly extensions across it and the north line of Lot 1 and the south line of Lot 4 , said Block 5 , free from the memorials of the instruments directed by this Order to be filed, and free also from the memorial of this Order . 5 . That in future certificates of title issued for the land described in Certificate of Title No. 24378 , the Registrar of Titles omit the memorials of documents No. 177229 and 177230 , and also the memorials of the instruments directed by this Order to be filed, and also the memorial of this Order. ITIS FURTHER ORDERED, that this Order be served: (a) at least 10 days prior to such hearing upon the above named parties residing in this State in the manner provided by law for the service of Summons in a civil action ; ( b) it shall be served at least 14 days prior to such hearing upon any of the above named non-residents by sending a copy of this Order to such non-resident at his post office address , by registered or certified mail , return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at his last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to his address as stated on the Certificate of Title if an address is so stated. Approved: DATED: April 9 1991 BY: /s/ James J. Pauly By: /s/ Phyllis Gene Jones James J. Pauly Judge of District Court Examiner of Titles A. GreggHerrick Attorng, Reg. No. 172716 Attorney for Petitioner HERRICK & NEWMAN Suite 205 Attendance is required only 6401 University Avenue Northeast by those who wish to object Fridley, MN 55432 to the entry of the above ( 612 ) 571-3850 described Order. STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT In the Matter of the Petition of Wayne A. Johnson and Mary C. Johnson in relation to Certificate of Title ASSENT TO REGISTRATION No. 24378 issued for land in the County of Anoka and State of FILE NO. C2-90-9165 Minnesota and legally described as follows : That part of Lots One (1 ) , Two (2 ) , Three ( 3 ) , Four (4) , Five (5) , and Six (6) , Block Five (5 ) , Hyde Park , according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County, lying westerly of the highway; and in relation to Certificate of Title No. 59378 issued for land in the County of Anoka and State of Minnesota and legally described as follows : Lots Twenty-five (25 ) and Twenty-six (26 ) , Block Five (5 ) , Hyde Park , according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County The City of Fridley, a public body and Corporate politic under the laws of Minnesota, by reason of its interest and ownership in and to the real estate situated in the County of Anoka, State of Minnesota, described as follows : The east half of that part of the vacated alley which adjoins Lots 1 through 9, Block 5, Hyde Park, lying north of the south line of said Lot 9 extended westerly and south of the north line of said Lot 1 extended westerly, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota hereby assents to the registration by the petitioners above of the above described land. THE CITY OF FRIDLEY William W. Burns Its City Manager BY: Wi Y:Wi am J. Nee Its Mayor STATE OF MINNESOTA) )ss . COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this �; day of May, 1991 by William W. Burns and William J. Nee, the City Manager and Mayor of The City of Fridley, a public body and Corporate politic under the laws of Minnesota, on behalf of The City of Fridley. r ANOKA COUNTY i. c0ft 14L oa ,m►3 M IRERRICK & N EWMAN � ATTORNEYS AT LAW Virgil C. Herrick M E M O R A N D U M James D. Hoeft Gregg V. Herrick Of Counsel David P. Newman TO: Barb Dacy FROM: Gregg HerrickGvv�x DATE: May 22 , 1991 RE: Wayne Johnson I am enclosing an Assent to Registration with regard to the Wayne Johnson matter. I would appreciate it if you would obtain the notarized signatures of Mr. Burns and Mayor Nee. If you have any questions, olease feel free to contact me. GVH:ldb Enclosure Suite 205, 6401 University Avenue N.E., Fridley, Minnesota 55432, 612-571-3850 • • t CITY OF FRIDLEY M E M O R A N D U M TO: BARB DACY, COMMUNITY DEVELOPMENT DIRECTOR JOHN FLORA, PUBLIC WORKS DIRECTOR AND LEON MADSEN, ASSESSOR FROM: SHIRLEY A. HAAPALA, CITY CLERK SUBJECT: "SECOND AMENDED ORDER TO SHOW CAUSE" WAYNE A. JOHNSON AND MARY C. JOHNSON DATE: JULY 10, 1991 We received the attached "Order to Show Cause" No. C2-90-9165 today. Would you please take whatever action is necessary to protect the City. S, STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA TENTH JUDICIAL DISTRICT In the Matter of the Petition of Wayne A. Johnson and Mary C. Johnson in relation to Certificate of Title SECOND AMENDED ORDER No. 24378 issued for land in the TO SHOW CAUSE County of Anoka and State of Minnesota and legally described as FILE NO. C2-90-9165 follows : That part of Lots One ( 1 ) , Two ( 2 ) , Three ( 3 ) , Four (4) , Five ( 5 ) , and Six (6 ) , Block Five ( 5 ) , Hyde Park , according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County, lying westerly of the highway; and in relation to Certificate of Title No. 59378 issued for land in the County of Anoka and State of Minnesota and legally described as follows : Lots Twenty-five ( 25 ) and Twenty-six ( 26 ) , Block Five ( 5 ) , Hyde Park, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County TO: THE STATE OF MINNESOTA AND THE CITY OF FRIDLEY: Upon receiving and filing the Supplemental Report of the Examiner of Titles in the above entitled matter , IT IS ORDERED, that you, and all persons interested, appear before this Court on the day of , 1991 , at 3 : 30 P.M. in the Anoka County Court House, in the City of Anoka, County of Anoka, State of Minnesota , and then, or as soon thereafter as said matter can be heard, show cause, if any there be , why this Court should not enter an Order as follows : -1- 1 . That the registrar of titles of Anoka County, upon the filing with him of a certified copy of this order add - to Certificate of Title No . 24378 the memorials of documents No . 177229 and 177230, and that he thereupon show by memorial that there is added to the land description the following land : (� That part of the vacated alley in Block 5 , "Hyde Park" lying east of the centerline thereof and between the westerly extensions across it of the north line of Lot 1 and of the south line of Lot 6, said Block 5 . Subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof . (See order document No. (registrar of titles to insert document number assigned to this order) .) 2 . That the registrar of titles , without surrender of c the owner ' s duplicate Certificate of Title No . J 24378, thereupon receive for filing ( 1 ) the quitclaim deed from the State of Minnesota in favor of the City of Fridley, dated March 23 , 1989, ( 2 ) a certified ,Q copy of Ordinance No. 948 of the City of Fridley, adopted June 18, 1990 , and ( 3 ) the deed from the City of Fridley in favor of Wayne A. Johnson and Mary C . Johnson, as joint tenants , dated Ione 13 , 1991 . 3 . That the registrar of titles show by memorial on Certificate of Title No . 59378 that there is added to the land description the following land : That part of the vacated alley in Block 5, "Hyde Park" , lying west of the centerline thereof and between the easterly extensions across it of the north line of Lot 26 and the south line of Lot 25 , said Block 5 . Subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof . (See order docunent No. (registrar of titles .to ii-1sert docuTent number assigned to this order) .) That part of _the vacated alley in Block 5, "Hyde YZ �- Park" , lying east of the centerline thereof and between the westerly extensions across it of the I Orth line of Lot 5 and of the south line of Lot 6 , said Block 1 . Subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof . (See order ocuu ent No. (registrar of titles to insert document number assigned to this order) .) And that in future certificates of title issued for the land described in Certificate of Title No. 59378, the registrar of titles place said added land -2- a " 1 description in the body of the certificate along with V the description of the premises described in said certificate of title and that he omit from said � 1 er Cates the mem i s �t_sNo. 177229 and 177230, and also the memorial of or er . 4. That the registrar of titles enter a new certificate of title in favor of the City of Fridley for land in Anoka County described as follows : That part of the vacated alley in Block 5, "Hyde Park" lying east of the centerline thereof and between the westerly extensions across it and the CJS` north line of Lot 1 and the south line of Lot 4, said Block 5, /► free from the memorials of the instruments directed li me this order to be ed, an memorial of this orderr . ree also from e. � 5 . That in future certificates of title issued for the u4 land described in Certificate of Title No. 24378, the registrar of titles omit the memorials of documents No. 177229 and 177230, and also the memorials of the instruments directed by this order to be filed, and also the memorial of this order . IT IS FURTHER ORDERED, that this Order be served: (a ) at least 10 days prior to such hearing upon the above named parties residing in this State in the manner provided by law for the service of Summons in a civil action; (b) it shall be served at least 14 days prior to such hearing upon any of the above named non-residents by sending a copy of this Order to such non-resident at his post office address, by registered or certified mail , return receipt; (c ) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at his last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to his address as stated on the Certificate of Title if an address is so stated. -3- Approved : DATED: 1991 BY: BY: James J. Pauly Judge of District Court Examiner of Titles -4- FIDE® STATE OF MINNESOTA DISTRICT COURT COUNTY OF ANOKA 1 7199 TENTH JUDICIAL DISTRICT JANE F oMORROW COURT Court File No. C2-90-9165 ANOKA Nn In the Matter of the Petition of• -� oevurr Wayne A. Johnson and Mary C. Johnson THIRD AMENDED ORDER in relation to Certificate of Title TO SHOW 'CAUSE No. 24378 issued for land in the County of Anoka and State of Minnesota and legally described as follows: That part of Lots One (1) , Two (2) , Three (3) , Four (4) , Five (5) , and Six (6) , Block Five (5) , Hyde Park, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County, lying westerly of the highway; and in relation to Certificate of Title No. 59378 issued for land in the County of Anoka and State of Minnesota and legally described as follows: Lots Twenty-five (25) and Twenty-six (26) , Block Five (5) , Hyde Park, according to the plat thereof on file and of record in the Office of the Register of Deeds in and for said Anoka County. TO: THE STATE OF MINNESOTA AND THE CITY OF FRIDLEY: Upon receiving and filing the Supplemental Report of the Examiner of Titles in the above-entitled matter, IT IS ORDERED, that you, and all persons interested, appear before this Court on the 1st day of August , 1991, at 3 : 30 p.m. in the Anoka County Courthouse, in the City of Anoka, County of Anoka, State of Minnesota, and then, or as soon thereafter as said matter can be heard, show cause, if any there be, why this Court should not enter an Order as follows: 1. That the registrar of titles of Anoka County, upon the filing with him of a certified copy of this order add to Certificate of Title No. 24378 the memorials of documents No. 177229 and 177230, and that he thereupon show by memorial that there is added to the land description the following land: That part of the vacated alley in Block 5, "Hyde Park" lying east of the centerline thereof and between the westerly extensions across it of the north line of Lot 1 and of the south line of Lot 6, said Block 5. Subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof. (See order document no. (registrar of titles to insert document number assigned to this order) . ) 2 . That the registrar of titles, without surrender of the owners' duplicate Certificate of Title No. 24378, thereupon receive the filing (1) the Quit Claim Deed from the State of Minnesota, in favor of the City of Fridley, dated March 23 , 1989, (2) a certified copy of Ordinance No. 948 of the City of Fridley, adopted June 18, 1990, and (3) the deed from the City of Fridley in favor of Wayne A. Johnson and Mary C. Johnson, as joint tenants, dated June 13, 1991. 3 . That the registrar of titles show by memorial on Certificate of Title No. 59378 that there is added to the land description the following land: That part of the vacated alley in Block 5, "Hyde Park", lying west of the centerline thereof and between the easterly extensions across it of the north line of Lot 26 and the south line of Lot 25, said Block 5. Subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof. (See order document no. (registrar of titles to insert document number assigned to this order) . ) That part of the vacated alley in Block 5, "Hyde Park" , lying east of the centerline thereof and between the westerly extensions across it of the north line of Lot 5 and of the south line of Lot 6, said Block 5. Subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof. (See order -2- document No. (registrar of titles to insert document number assigned to th-is order) . ) And that in future certificates of title issued for the land described in Certificate of Title No. 59378, the registrar of titles place said added land description in the body of the certificate along with the description of the premises described in said certificate of title and that he omit from said certificates the memorials of documents No. 177299 and 177230, and also the memorial of this order. 4 . That the registrar of titles enter a new certificate of title in favor of the City of Fridley for land in Anoka County described as follows: That part of the vacated alley in Block 5, "Hyde Park" lying east of the centerline thereof and between the westerly extensions across it and the north line of Lot 1 and the south line of Lot 4 , said Block 5, free from the memorials of the instruments directed by this order to be filed, and free also from the memorial of this order. 5. That in future certificates of title issued for the land described in Certificate of Title No. 24378 , the registrar of titles omit the memorials of documents No. 177229 and 177230, and also the memorials of the instruments directed by this order to be filed, and also the memorial of this order. IT IS FURTHER ORDERED, that this Order be served: (a) at least 10 days prior to such hearing upon the above-named parties residing in this State in the manner provided by law for the service of Summons in civil action; (b) it shall- be served at least 14 days prior to such hearing upon any of the above-named non-residents by sending a copy of this Order to such non-resident at his post office address, by registered or certified mail, return receipt; (c) it shall be served upon any party who cannot be found by two weeks published notice and by sending a copy of this Order at least 14 days prior to the hearing by first class mail to such party at -3- his last known address and by sending another copy of this Order at least 14 days prior to the hearing by first class mail to his address as stated on the Certificate of Title if an address is so stated. A ro ed: Dated: BY: mes J. au Ju ge of Dis rict Court E a er f es Only those who wish to object to the entry of the aforementioned order are required to appear before the court as directed by this order to show cause. -4- b,04L� /W1 ROBERT A.GUZY THOMASYDONO N BERNARD E.STEFFEN PAMELA M.HARRIS RICHARD A.MERRILL SHARON L.HALL ROBERT C.HYNES B S CHARLES M.SEYKORA RICHARD A.BEENS WILLIAM M.HANSEN RONALD B.PETERSONT JOAN M.THIEMAN DARRELL A.JENSEN Barna, Guzy & Steffen, Lt . DANIEL D.GANTER,JR. JEFFREY S.JOHNSON BEVERLY K.DODGE RUSSELL H.CROWDER ATTORNEYS AT LAW GREGO V.HERRICK JON P.ERICKSON JAMES D.HOEFT LAWRENCE R.JOHNSON 400 NOrthtOWn Financial Plaza JOAN M.QUADE DAVID A.COSSI 200 Coon Rapids Boulevard SCOTT M.LEPAK THOMAS P.MALONE Coon Rapids,MN 55433 STEVEN L.MACKEY MICHAEL F.HURLEY p OF COUNSEL VIRGIL C.HERRICK PETER BARNA HERMAN L.TALLE (612) 780-8500 FAX (612) 780-1777 LAWRENCE M.NAWROCKI PATENT,COPYRIGHT AND TRADEMARK LAW August 26, 1991 Barb Dacy City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: Wayne Johnson Dear Barb: As you may recall, because the city received more property from the state through the alley vacation thMn it deeded back to Mr. Johnson, Jim Pauly decided to issue a Certificate of Title to the City of Fridley for that portion of the alley which it will continue to hold. As part of the process of issuing the Certificate of Title, the City of Fridley needs to sign an Affidavit of Purchaser of Registered Land to enable the recorder' s office to the certificate. I would appreciate if you would ask Bill to sign this affidavit, have it notarized and sent back to my office at your earliest convenience. Since— , ( v H rick vsl enclosure Columbia Heights Office Anoka Office 3989 Central Avenue NE Anoka Professional Building Minneapolis,MN 55421 403 Jackson Street (612)788-1644 Anoka,MN 55303 (612)427-6300 a" ROBERT A.GUZY OMAS L.DONOVAN BERNARD E.STEFFEN AMELA M.HARRIS RICHARD A.MERRILLSHARON L.HALL ROBERT C.HYNES CHARLES M.SEYKORA RICHARD A.BEENS GS WILLIAM M.HANSEN RONALD B.PETERSONT JOAN M.THIEMAN DARRELL A.JENSEN Barna, Guzy & Steffen, Lt DANIEL D.GANTER,JR. JEFFREY S.JOHNSON BEVERLY K.DODGE RUSSELL H.CROWDER ATTORNEYS AT LAW GREGG V.HERRICK JON P.ERICKSON 400 Northtown Financial Plaza JAMES D.HOEFT LAWRENCE R.JOHNSON JOAN M.QUADE DAVID A.COSSI 200 Coon Rapids Boulevard SCOTT M.LEPAK THOMAS P.MALONE Coon Rapids,ids,MN 55433 STEVEN L.MACKEY MICHAEL F.HURLEY OF COUNSEL VIRGIL C.HERRICK PETER BARNA HERMAN L.TALLE (612) 780-8500 FAX (612) 780-1777 LAWRENCE M.NAWROCKI PATENT,COPYRIGHT AND TRADEMARK LAW September 9 , 1991 I ' Barb Dacy City of Fridley 6431 University Avenue N. E. Fridley, MN 55432 Dear Barb: Enclosed please find the Affidavit of purchaser of Registered Land for the City of Fridley with regards to -- you guessed it -- Wayne Johnson. The earlier affidavit had an error in the certificate number referenced in the second paragraph. I would appreciate it if you would have Bill sign this, notarize it and return it to us, at your convenience. Sincerely, Gregg Herrick vsl enclosure Columbia Heights Office Anoka Office 3989 Central Avenue NE Anoka Professional Building Minneapolis,MN 55421 403 Jackson Street (612)788-1644 Anoka,MN 55303 (612)427-6300 C11YOF FWDLLY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450•FAX (612)571-1287 October 16, 1991 Wayne Johnson 11610 - 53rd Avenue Plymouth, MN 55442 Dear Wayne: At the October 7, 1991 City Council meeting, Councilman Billings made a motion to table the resolution to permit the garage over the easement in order for you and the City to discuss more fully the alternative plan to place the garage on the south side of the property. Councilman Billings ' concern was that additional hardsurface area is proposed as compared to the original plan three to four years ago. He would like us to investigate the amount of coverage of the hardsurface area to serve the garage and to determine a drainage plan to identify what the drainage patterns would be. The City Council tabled this request to November 4 , 1991; however, I will not be available at that meeting. Therefore, I would like to try and arrange a meeting with you and the Public Works Department in the near future. We could then schedule the resolution for approval on November 18, 1991. I will be on vacation Thursday and Friday, October 17 and 18 , 1991, but please leave a message or identify a time when we could meet and resolve this issue. Thank you fo your cooperation. cere y, B bara 10 your AIC Community Development Director BD/dn C-91-353 • 0 To : City of Fridley We give Wayne Johnson permission to build a garage approximately 22 X 40 on the south side of his property according to regulations of the variance agreed upon between Wayne and the City of Fridley . Sincerely , John & Karen Earley ojLL 2G • CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450•FAX(612)571-1287 r December 10, 1991 Wayne Johnson 11610 - 53rd Avenue Plymouth, MN 55442 Dear Mr. Johnson: This is to confirm that the City Council on December 9, 1991 approved the resolution authorizing construction of a garage within a utility easement, to be located one foot from the rear lot line and three feet from the south lot line. The City Council 's action satisfies stipulation #3 of the vacation request, SAV #87-07 . I am forwarding a certified copy of the resolution to Gregg Herrick to have him record it on behalf of the City. A certified copy of the resolution will be sent to you for your files. You indicated that you would be completing a new certificate of survey sometime next spring. Please feel free to give me a call regarding your building permit application sometime this spring. Should you have any questions, please feel free to contact me. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-91-390 ROBERT A.GUZY SHARON L.HALL BERNARD E.STEFFEN THOMAS L.DONOVAN RICHARD A.MERRILL PAMELA M.HARRIS ROBERT C.HYNES CHARLES M.SEYKORA RICHARD A.BEENS BGS 0 WILLIAM M.HANSEN RONALD B.PETERSONT JOAN M.THIEMAN DARRELL A.JENSEN Barna, Guzy & Steffen, Ltd. DANIEL D.GANTER,JR. JEFFREY S.JOHNSON BEVERLY K.DODGE RUSSELL H.CROWDER ATTORNEYS AT LAW GREGG V.HERRICK JON P.ERICKSON 400 NOrthtOWn Financial Plaza JAMES D.HOEFT LAWRENCE R.JOHNSON JOAN M.QUADE DAVID A.COSSI 200 Coon Rapids Boulevard SCOTT M.LEPAK THOMAS P.MALONE Minneapolis,MN 55433 STEVEN L.MACKEY MICHAEL F.HURLEY p OF COUNSEL VIRGIL C.HERRICK PETER BARNA HERMAN L.TALLE (612) 780-8500 FAX(612) 780-1777 LAWRENCE M.NAWROCKI PATENT,COPYRIGHT AND TRADEMARK LAW March 10, 1992 Barb Dacy City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 Re: Wayne A. Johnson Dear Barb: Enclosed please find two copies of the revised resolution with the modified legal description which the registrar of titles is now requiring. I sent a plain copy as well as a red line copy showing the change that is necessary to the legal. If you have any questions, please feel free to contact me. Very truly yours, Gregg V. Herrick enclosure Columbia Heights Office Anoka Office 3989 Central Avenue NE Anoka Professional Building Minneapolis,MN 55421 403 Jackson Street (612)788-1644 Anoka,MN 55303 (612)427-6300 FM COMMISSION APPLICATION REVIEW Department Number File Date Meeting Date CIN OF FPJDLEY File Address/Description COMPLETE REVIEW CHECKLIST RETURN TO PLANNING QDARYL COMMENTS E B B i E I lk"t 6 -r14 CO to i 54JIM -� vu, City rhaaZ k In kS r- Vvj. 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P .:: - CO �� . 01 v �I 01 1, 71 A a �* a `yt r Immhft ,CALL :4, X vE 0 •�• h • •� -1 ' ti • 1 `�.. ... �� �� �a i •M �~� � � � :- .Cir�� �!I ' t tf, e + �� � +l' 'yy ��` •°� . � % �g I V � fel.. 4.rer' w .� fir t =� ';fit >•.. .[_ � I t ���� t ..} �:"" wY. � -•. Y W � t -� ,�.F�_'-vet. ' f e e z t er' I a _ Val IL 44 AS IN 1 i i Ay t + ' aIL on el , 4 �f h "r _ ® I i f ` x jwl 2A PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 10 2. CONSIDERATION OF A VACATION, SAV #87-08, BY RAPID OIL CHANGE: To vacate the 66 foot street right-of-way 732 Avenue lying north o Lots 1 and 2, Block 2, Central View Manor. To allow for an imrpo d site plan for a proposed Rapid Oil Station, generally located at 731 ighway 65 N.E. Mr. Robinson stated if the vacation was approved, Staff wou recommend the following stipulations : 1 . Petitioner agrees to submit a letter (to City) pe tioning for street excavation for the portion of 732 Avenue, lyin north of the proposed site and agreeing to assessment for all cost associated with said excavation prior to publication of vacatio ordinance.. 2. Upon excavation of vacated 732 Avenue etitioner will install driveway exiting onto service road to east an landscape with irrigation as shown on City plan dated July 22, 1987. 3. Performance bond referenced a stipulation #13 for special use permit, SP #87-14, to cover improve nts referenced in item #2 above. MOTION BY MS. SHEREK, SECON D BY MR. KONDRICK, TO TABLE VACATION REQUEST, SAV #87-08, BY RAPID OIL HANGE, UNTIL THE AUGUST 5, 1987, PLANNING COMMISSION MEETING IN ORDER TO AS STAFF TO PROVIDE THE PLANNING COMMISSION WITH INFORMATION REGARDIN AN ALTERNATIVE PLAN FOR PROVIDING ACCESS FOR OTHER DEVELOPERS ALONG 7 AVENUE WHO ARE PRESENTLY RELYING ON THE ACCESS PROVIDED BY THAT PIECE OF OADWAY, FULLY RECOGNIZING THE FACT THAT THE DEPARTMENT OF TRANSPORTATION LANS TO CLOSE THAT ACCESS SOME TIME IN THE FUTURE; ALSO, TO ASK STAFF TO ET SOME INFORMATION FROM MnDOT ON THE PROPOSED TIMETABLE FOR THE FIRESIDE D VE AND 73-f AVENUE CLOSING AND WHETHER MnDOT INTENDS TO COMPLETELY IZOLD OR JUST CLOSE THEM TO LEFT TURNS OFF HIGHWAY 65. CE VOTE, KONDRICK, SHEREK, AND SVANDA VOTING AYE, BILLINGS AND TING NAY, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED BY A . 3. CONSIDERATION OF A VACATION REQUEST, SAV #87-07, BY WAYNE JOHNSON: To vacate the 12 foot alley in Block 5, Hyde Park lying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22-30, Block. 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and 3rd Street and University Avenue. Mr. Wayne Johnson stated he needed to do some further research before proceeding with this vacation. Because of some misunderstanding where the rear property line was in relation to the fence, he needed to find out exactly where he could locate his garage. If he found out he could not locate his garage in a position that would benefit him, he would probably withdraw the petition. 0 zB PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 11 Ms. Margaret Reed, 6017 - 3rd St. , stated they own the property with the garage access to the alley, and their only access was by using the alley. Mr. Dave Henrickson, 6031 - 3rd St. , stated he was in favor of the alley vacation. Mr. Johnson stated it was his intention to not include the Reed's in this vacation, and he had discussed this with them. Mr. Robinson stated the vacation was for everything north of Lot 21 (6017). Presently the garage situation was such that the corner lot (6007) has a driveway access off 60th, 6011 has access off 3rd St. , 6017 has access off the alley, 6031 has no garage but access would be off 3rd St. , 6041 would be off 3rd St. , 6051 (the petitioner) has access off the alley right now but with the vacation would have access off 3rd St. , 6071 has access off 61st Avenue. Mr. Robinson stated that normally a vacation would require 100% participation but this was an unusual situation where only a couple of people were using the alley. Because the alley was not improved and it was rutted and looked bad, Staff would recommend the Planning Commission recommend to City Council approval of the vacation. He stated at the time, they felt only persons north of 6017 were in favor of the vacation; however, they recently received a letter from Michael and Elaine Pestello, 6011 , who expressed the desire to also be part of the alley vacation. Once the vacation was implemented and Mr. Johnson has built a garage, the only person who would have access of the alley would be 6017. One thing that should be pointed out was that all garages are supposed to have hard surface driveways, but with the alley, it was difficult to do it, but there was enough room on 6017 to have a hard surface driveway to 3rd St. MOTION BY MR. BETZOLD, SECONDED BY MR. KONDRICK, TO RECEIVE THE LETTER DATED JULY 22, 1987, FROM MICHAEL AND ELAINE PESTELLO. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY.Z Mr. Robinson stated Staff was recommending the following stipulations: 1 . A utility easement to be retained over the entire portion of vacated alley. 2. Garage construction contingent upon letters from all utility companies allowing a specified distance of encroachment into retained utility easement. 3. Garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement. 4. Petitioner to escrow funds with Public Works Department sufficient to cover curb work for proposed curb cut on 3rd Street. 5. Dumpster to be fully screened. . • r zc PLANNING COMMISSION MEETING, JULY 22, 1987 PAGE 12 Mr. Robinson stated Staff has spoken with the petitioner on site, and there were setbacks required of 3 ft. from the rear and side lot lines. Ms. Reed, 6017 - 3rd St. , stated that for them to access 3rd St. , it would mean taking down six mature trees along the south side of their lot. Mr. Johnson stated he would feel very badly if the Reeds were forced to hard surface their driveway, because that was never his intention. He stated the people who signed the petition in favor of the vacation signed it with the understanding that the vacation would only be to the north of 6017, and they might have felt differently if the vacation was any different. It would certainly be nicer to have the whole alley vacated as it was very ugly, but this petition was only for those people who wanted the alley vacated so it would not interfere with the Reeds. Mr. Billings stated he could not support the vacation for the entire alley. It would certainly be nicer to have the entire alley vacated which included the Reeds and the Pestellos , but Hs. Reed came to the meeting to make sure the vacation did not include her lot. It would be an unfair hardship to place on the Reeds just to get some green space. The vacation proposal before the Planning Commission was for 6031 - 6071 - 3rd St. MOTION BY MS. SHEREK, SECONDED BY MR. BETZOLD, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #87-07, BY WAYNE JOHNSON, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5, HYDE PARK, LYING NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY. ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERISTY AVENUE, WITH THE FOLLOWING STIPULATIONS: 1. A UTILITY EASEMENT TO BE RETAINED OVER THE ENTIRE PORTION OF VACATED ALLEY. 2. GARAGE CONSTRUCTION CONTINGENT UPON LETTERS FROM ALL UTILITY COMPANIES ALLOWING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED UTILITY EASEMENT. 3. GARAGE CONSTRUCTION CONTINGENT UPON PASSAGE OF A RESOLUTION BY COUNCIL AUTHORING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED EASEMENT. 4. PETITIONER TO ESCROW FUNDS WITH PUBLIC WORKS DEPARTMENT SUFFICIENT TO COVER CURB WORK FOR PROPOSED CURB CUT ON 3RD STREET. 5. DUMPSTER TO BE FULLY SCREENED. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 4. RECEIVE JUNE 11 , 1987, HOUSING & REDEVELOPMENT AUTHORITY M MOTION BY MS. SHEREK, SECONDED BY MR ICK, TO RECEIVE THE JUNE 11, 1987, HOUSING & REDEVELOPMENT A Y MINUTES. UPON A V TE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION IED UNANIMOUSLY. - - w • 3 City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Ave- nue Northeast on Monday,August 24, 1987 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a request for a Vacation,SAV k87-07, by Wayne Johnson, to vacate the 12 foot alley in Block 5,Hyde Park,lying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22-30, Block 5, Hyde Park,generally located be- tween 61st Avenue and 60th Ave- nue and between 3rd Street and University Avenue. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Aug.10&17,1987)-FRID i 2 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, August 24, 1987 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a request for a Vacation, SAV #87-07, by Wayne Johnson, to vacate the 12 foot alley in Block 5, Hyde Park, lying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22-30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue. Any and all persons desiring to be heard shall bean iven opportunity at the g PPo �' above stated time and place. WILLIAM J. NEE MAYOR Publish: August 10, 1987 August 17, 1987 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, August 14, 1989 at 7 : 30 p.m. for the purpose of: Consideration of the sale of excess property, the east six feet of vacated alley, between Lots 22 through 30, Block 5, Hyde Park, generally located south of 61st Avenue, north of 60th Avenue, east of 3rd Street and west of University Avenue. � Z Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: August 2 , 1989 August 9, 1989 Any questions related to this item may be referred to the Fridley Community Development Department, 571-3450 . CO UNITY DEVELOPMENT DEPARTMENT CIW OF FM[XEY MEMORANDUM DATE: August 8 , 1989 TO: William Burns, City Manager 'A ' FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Public Hearing on the Sale of Excess Property, Lots 22-30, Block 5, Hyde Park, by Wayne Johnson BACKGROUND The purpose of this public hearing is to determine whether or not the east six feet of the 12 foot alley abutting Lots 22-30, Block 5, Hyde Park should be considered as excess and conveyed to abutting property owners. Attached is the memorandum explaining the background of this matter which was presented to the City Council on July 24 , 1989 . We have contacted by letter other lot owners to determine whether they wish to have the east six feet added to their property as does the petitioner, Wayne Johnson. ANALYSIS Attached is a memorandum from the City Attorney's office regarding the procedure in order to consummate this matter. The sale of excess property process should be concluded prior to the City initiating the proceeding subsequent to memorialize the State's certificate of title. As of the writing of this report, we have not been contacted by the abutting property owners other than Mr. Johnson regarding this action. RECOMMENDATION The City Council should conduct the public hearing and determine if there is any objection to the sale of the east 6 feet of the vacated 12 foot alley as excess property. It is anticipated that the City would convey a portion of the east six feet to the petitioner, Wayne Johnson. Through the public hearing process, we hope to determine if other property owners wish to have the east six feet conveyed to them as well . BD/dn M-89-451 C 2 O UNITY DEVELOPMENT DEPARTMENT CITY OF FMDLEY MEMORANDUM DATE: June 14 , 1990 TO: William Burns, City Manager 1 '/', FROM: Jock Robertson, Community Development Director Barbara Dacy, Planning Coordinator SUBJECT: Second and Final Reading for the Sale of Excess Property; East Six Feet of a Vacated Alley, by Wayne Johnson At the June 4, 1990 meeting, the City Council tabled final action on this item so that the two property owners which are not participating in the proceeding subsequent with Wayne Johnson could be notified about the current status of the east six feet of the vacated alley. Attached are the letters that were sent to these two property owners. Mr. Curry contacted me on Wednesday, June 13 , 1990 and I confirmed with him the information that was contained in the letter. Staff recommends the City Council approve the attached ordinance for second and final reading. BD/dn M-90-423 Community Development Department u PLANNING DIVISION City of Fridley DATE: October 3 , 1991 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Construction of a Garage Within a Utility Easement; by Wayne Johnson of 6051 - 3rd Street N.E. Background On May 16, 1988, the City Council approved the vacation request, SAV #87-07 , to vacate the alley to the east of Lots 25 and 26, Block 5, Hyde Park. This vacation was in conjunction with the variance request in order to construct a garage within the vacated alley. Stipulation #1 required the petitioner to retain a utility easement over the vacated alley. Stipulation #3 of the vacation request required "passage of a resolution by the City Council authorizing a specified distance of encroachment in retained easement and the City's conveyance of east half of alley to owners west of alley" . Proposed Resolution The memorialization process for the vacated alley has been completed. The attached resolution is to conform with City Council direction in 1988 . The property owner has advised me that he does intend to pursue the revised site plan showing the garage along the south lot line one foot from the rear lot line and three feet from the side lot line on the south. The property owner has agreed to obtain a letter from the property owner to the south and submit it to my attention prior to issuance of a building permit. Recommendation Staff recommends that the City Council adopt the attached resolution and approve the amended site plan to be incorporated as Exhibit A of the resolution. BD/dn M-91-738 4 • 0 �-- Community Development Department i 1 PLANNING DIVISION City of Fridley DATE: December 5, 1991 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Resolution Authorizing Construction of a Garage Within a Utility Easement over the Vacated Alley, East of Lots 25 and 26, Block 5, Hyde Park, by Wayne Johnson Background On October 7, 1991, the attached resolution was presented to the City Council to permit Wayne Johnson to construct a garage into the newly created utility easement over the recently vacated alley. The City Council tabled action on the resolution in order that additional time could be made to review the revised location of the garage. Request On November 27, 1991, Mark Winson and I met with Wayne Johnson at the site and also at my office. Johnson intends to provide a three car garage and a parking area for three spaces in order to meet the City' s code requirement for two parking spaces for each unit (the building is a triplex) , one space of which needs to be an enclosed garage. The revised plan, proposing the garage on the south property line, will not change the amount of impervious surface because he stated he had proposed to do the same parking arrangement for the original plan. Johnson also agreed to a potential drainage plan. Finally, Johnson also submitted a letter from the property owners on the south verifying that they have no objection to the revised location (see attached) . Recommendation Staff recommends that the City Council approve the attached resolution as presented. BD/dn M-91-868 2 Community Development Department PLANNING DIVISION City of Fridley DATE: April 1, 1992 TO: William Burns, City Manager Jim Hillp Acting City Manager FROM: BarbaraeDacy, Community Development Director SUBJECT: Resolution to Construct a Garage Within a Utility Easement by Wayne Johnson On December 9 , 1991, the City Council approved a resolution authorizing construction of a garage in a utility easement to conform to the stipulations of the original vacation request, SAV #87-07 . Johnson has completed the Torrens procedure in order to properly record the alley vacation and change of ownership from the State of Minnesota to his ownership. The passage of the resolution in December 1991 was the final hurdle for Johnson to complete. It appears that anything associated with this item has gone wrong. The City Attorney' s office advised me that the legal description that was used in the resolution does not match the legal description which was officially created via the Torrens process. A new resolution must be passed in order for the resolution to be properly recorded. Therefore, the attached resolution rescinds the original resolution, Resolution 98-1991, and identifies the correct legal description. There were no other changes to the content of the resolution. Recommendation Staff recommends that the City Council approve the attached resolution rescinding Resolution 98-1991 and authorizing construction of a garage into the utility easement. I apologize for inconveniencing the Council once again. BD/dn M-92-221 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF A T 24 1987 The Regular Meeting of the Fridley City Council was called to or er at 7 :40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fl ag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilwoman Jo Benson, Councilman Schneider, Councilman Fi patrick and Councilman Goodspeed MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING, AUGUST 3, 1987 MOTION by Councilman Schneider t approve the minutes as presented. Seconded by Councilman Fitzpatric Upon a voice vote, all voting aye, Mayor Nee declared the motion car ed unanimously. ADOPTION OF AGENDA: Mayor Nee stated Items 4, 5 d 6 are to be continued at the request of the petitioner. He requested t t Item 3 be considered in conjunction with Item 13 since these are related ssues. The following items were added to the agenda: (27) Receiving E vironmental Assessment Worksheet from Central Roofing and (28) con eration of Change Order No. 2 for Commons Park Filtration Plant, Proje No. 164. MOTION by Couneilma Fitzpatrick to adopt the agenda with the above amendments. Second d by Councilman Schneider. Upon a voice vote, all voting aye, Mayor a declared the motion carried unanimously. OPEN FORUM VISI RS: There was no r sponse from the audience under this item of business. PUBLIC HEAR GS : 1 . PUBLIC HEMING ON A VACATION SAV #87-08, TO VACATE THE 66 FOOT STREET RIGHT-OF- AY (73-1/2) AVENUE) LYING NORTH OF LOT 1 AND THE WESTERLY 27 FEET OF LOT LBLOCK 2 CENTRAL VIEW MANOR TO ALLOW FOR AN IMPROVED SITE PLAN FORA IAOPOSED RAPID OIL STATION GENERALLY LOCATED AT 7315 HIGHWAY 65 N.E. BY RA4D OIL CHANGE: -1- V COUNCIL MEETING OF AUGUST 24, 1987 Mayor Nee stated the petitioner d like this item continued to the next meeting on September 14, 1 MOTION by Counc n Schneider to open the hearing and continue this item to September , 1987. Seconded by Councilman Goodspeed. Upon a voice vote, all v ng aye, Mayor Nee declared the motion carried unanimously. 2. . PUBLIC HEARING ON A VACATION, SAV---#87-07 , TO VACATE THE 12 FOOT ALLEY IN BLOCK 5 HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: MOTION by Councilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:45 p.m. Mr. Robertson, Community Development Director, stated this petition for vacation does not involve the entire alley, but only a portion. He stated the Planning Commission's recommendation was to vacate the portion of the alley lying north of the south line of Lot 22 and south of the north line of Lot 30 and extending easterly. Mr. Robertson stated the Commission recommended five stipulations as follows: ( 1 ) a utility easement to be retained over the entire portion of the vacated alley ; (2 ) garage construction contingent upon letters from all the utility companies allowing a specified distance of encroachment into the retained utility easement; (3) garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into the retained easement; (4) petitioner to escrow funds with the Public Works Department sufficient to cover curb work for proposed curb cut on 3rd Street; and (5) dumpster to be fully screened. Mr. David Goldstein, 410 Groveland Avenue, stated he was representing the Pestello and Wolfe families. He stated these property owners were in favor of this vacation only if it included the entire alley . He stated the Wolfe's at 6007 3rd Street and the Pestello' s at 6011 3rd Street both have been victims of robberies and burglaries. He stated the burglars made their escape through the unmaintained alley. Mr. Goldstein stated the Pestello' s have a pool in their backyard and have problems with intruders climbing over the fence from the alley. He stated the alley has standing water, after a rainfall, and it is dirty with refuse and unmaintained. He felt this alley decreases the value of everyone' s property. Mr. Goldstein stated he felt sometimes the good of many should take precedent over the good of a few and the entire alley vacated. He stated there are three or four individuals living above the critical point and two or three individuals living below the critical point and felt all property owners who abut the alley should be entitled to the same rights. He stated when one balances the equities, financial hardships, at times, must give way to the good of the community. -2- COUNCIL MEETING OF POUST 24, 1987 Mr. Goldstein stated it also seems an alley that has only one exit is potentially dangerous. He stated in other cities, alleys are required to have a separate entrance and exit. He felt the City may be liable in terms of having only one entrance to the alley. Ms. Kim Pestello, representing her mother, Elaine Pestello, stated there is only one family that uses the alley and that is the Reeds at 6017 3rd Street. Mayor Nee stated it appears from the photos submitted by Elaine Pestello that the alley is used by others who abut it. Councilwoman Jorgenson stated she had inspected the alley today and it appears other people are using it. Ms. Pestello stated the petitioner now uses the alley, but with the vacation they would create their own access to 3rd Street. Mr. Robertson stated the petitioner, Mr. Johnson, lives at 6051 3rd Street and is proposing a driveway along the north side of his lot for access to 3rd Street. Mr. Herrick, City Attorney, stated he understands this alley is a public platted alley and if the Council takes away the right of access of any party, they have a claim for damages. He felt if the Council considers vacating the entire alley, consent of everyone who abuts it would be needed. Mrs. Margaret Reed, 6017 3rd Street, stated in order for them to access 3rd Street, it would mean taking down mature trees along the south side of their lot. Councilman Goodspeed stated the alley is really unsightly and would like to see some sort of compromise, if possible, to have it vacated. Mr. Herrick asked if staff has explored the possibility of providing other access for the Reeds at 6017 3rd Street. He stated if the alley is vacated, it seems the abutting property owners would be receiving a fairly substantial piece of property and possibly an assessment could be considered. Mayor Nee asked Mrs. Reed if there was a way to pay for the driveway, if she would be in favor of the vacation. Mrs. Reed stated the possibility was discussed on reducing the length of the driveway. Mr. Goldstein stated the alley at night is extremely dark and people have the right to protect their property and families. He stated it has been shown that the alley is an avenue used by those who do not wish to respect the law. He felt there is a viable means to give the Reed's access to their garage. -3- I COUNCIL MEETING OF 5,3UST 24, 1987 Councilman Schneider asked Mr. Goldstein if he feels there is more crime if only one-half of the alley is vacated as opposed to the entire alley. Mr. Goldstein stated he thinks the risk of crime exists as long as the alley is open at all . He stated if you allow half the people to secure their property, the others should be given the same right. Mayor Nee stated if the City vacates the Reed' s access, there could be a claim for damages and the question is who would pay. Mr. John Early, 6041 3rd Street, stated because the alley is only one-way, he has had people drive down it and back into his yard in order to turn around. He stated he would like to see it vacated. MOTION by Councilman Goodspeed to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:10 P.M. The City staff was requested to review this matter further to see if a solution can be found which would satisfy all those persons affected. OLD BUSINESS : 3 . CONSIDERATION OF SECOND READING OF AN ORDINANCE APPROVING A V ACATI SAV #87-04, TO VACATE EASEMENTS ON LOT 4 BLOCK 2 EAST RANCH ESTATO SECOND ADDITION GENERALLY LOCATED AT 7710 UNIVERSITY AVENUE N.E. BY BENSON AND G. BRADBURY: This item will be considered in conjunction with later in the agenda. u. CONSIDERATION OF A SPECIAL USE PERMIT SP #87-1 TO ALLOW AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2 BLOCK 2 CENTRk VIEW MANOR THE SAME BEING 7315 HIGHWAY 65 N.E., BY RAPID OIL CHANGE: This item was continued when Council a pted the agenda. 5 . CONSIDERATION OF VARIANCE REQUE S VAR #8 -2 TO REDUCE THE MINIMUM ALLOWABLE LOT AREA FOR ONE MAIN UILDING• TO REDUCE BUILDING SETBACKS ON THE STREET SIDES OF A CORNER LOT; 0 REDUCE THE DISTANCE THAT THE EDGE OF CURB OPENINGS MAY BE FROM A STREFYf RIGHT-OF-WAY INTERSECTION. TO REDUCE PARKING AND HARD SURFACE SETBA S FROM A STREET RIGHT-OF-WAY • TO ALLOW THE CONSTRUCTION OF AN AUTMOBILE SERVICE STATION ON LOTS 1 AND 2 BLOCK 2 CENTRAL VIEW MANOR THE SAME BEING 7315 HIGHWAY 65 N.E . BY RAPID OIL CHANGE: This itemZwasntinued when Council adopted the agenda. 6 . CONSIDERAARIANCE VAR #87-26, TO REDUCE THE SIDE YARD SETBACK ON THE STRRtT SIDE OF A CORNER LOT FROM 35 FEET TO 21 FEET TO ALLOW THE CONSTJR6CTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2 BLOCK 2 ,4Z -4- 5C COUNCIL MEETING OF SEPTEMBER 114, 1987 completed prior to occupancy of proposed addition; (2) proposed easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a masonry dumpster enclosure with opaque gate prior to occupancy of pro sed addition; (14) petitioner agrees to install landscaping and provide a omatic sprinkling as per City plan dated 7/1/87 on Tract D (except alon st edge) prior to occupancy of proposed adddition; (5) petitioner a es to make parking lot driveway improvements including shifting of west ly drive five feet east, and new curbing, blacktopping and retaining w as indicated in City plan dated 7/1/87 prior to occupancy of proposed dition. Driveway and retaining wall details by owner prior to bu lding permits; (6) petitioner agrees to execute joint driveway and p ting easements (content approved by staff) from Tract D to Tract prior to publication of ordinance ; and (7) petitioner agrees to a cute a restrictive covenant agreement stating that land uses under oposed C-2 (General Business) zoning classificaton or Tract D, Regis ed Land Survey No. 19, is limited to all land uses provided for in th -1 (Local Business) section of the Fridley Zoning Code plus fuel spensing and car wash uses will be considered as permitted uses. seconded by Councilman Goodspeed. Upon a voice vote, all voting ayam; Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Ma er, stated he assumes publication of the ordinance would be after the estrictive covenant is signed. 10. CONSIDERATIO OF APPOINTMENTS TO THE ENERGY AND ENVIRONMENTAL QUALITY COMMISS I ONS :r-ried ION y Councilman Schneider to table this item. Seconded by Councilwoman nson. Upon a voice vote, all voting aye, Mayor Nee declared the motion unanimously. 11 . CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, _SAV #87-07, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5, HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 22 EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERLLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: Mr. Robertson, Community Development Director, stated the City could install the driveway to the Reed's property at 6017 3rd Street and assess all or a portion of the cost. Mrs. Reed, 6017 3rd Street, stated there isn' t enough property on either side of their home to install a two car garage. She stated if a garage was constructed out from their front door, a four foot variance would be required. Mrs. Reed stated she would like to save as many trees as possible and if they proceed on this basis, four trees would have to be removed. She stated the cost estimates are about $7,000. Mrs. Reed stated there isn' t much incentive to install the driveway if they have to pay the entire cost and lose the trees. She stated if the City wanted the vacation, they would agree with it if they can get some assistance with the driveway installation and tree removal. -17- • • t f COUNCIL MEETING OF SEPTEMBER 14, 1987 ' Mayor Nee asked Mrs Reed if she had talked to the neighbors about the front yard encroachment of the garage. Mrs. Reed stated she had not, but that is the only location on the property where the garage could be constructed. Mr. Qureshi, City Manager, stated if the alley is vacated, one-half of it reverts to the property to the east, which is the Highway Department' s right-of-way, and the other half would revert to the properties to the west. Mr. Qureshi questioned the petitioner' s plans and reason for requesting this vacation. Mrs. Reed stated she understands the petitioner, Mr. Johnson, wishes to construct a garage. Mr. Qureshi stated he didn' t believe there would be sufficient space as part of the alley, if vacated, would belong to the Highway Department. Councilman Fitzpatrick stated he didn't believe the petitioner was aware a portion would belong to the Highway Department and probably thought he would receive 12 feet not 6 feet. MOTION by Councilman Goodspeed to waive and reading and approve the ordinance upon first reading with the amendment for vacation of the west one-half of the alley, with the following stipulations: ( 1 ) a utility easement to be retained over the entire portion of vacated alley; (2) garage construction contingent upon letters from all utility companies allowing a specified distance of encroachment into retained utility easement ; (3) garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement; (4) petitioner to escrow funds with Public Works Department sufficient to cover curb work for proposed curb cut on 3rd Street; and (5) dumpster to be fully screened. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 12. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST 26 A. CONSIDERATION OF A SPECIAL USE PERMIT SP #87-16, TO ALLOW EXTERIOR STORAGE OF MATERIALS AND EQUIPMENT ON PART OF .MYT 1 AUDITOR'S SUBDIVISON N0. 79, THE SAME BEING 4500 MA STREET N.E. BY RUBBER RESEARCH: Mr. Robertson, Community Development Direct , stated this is a request to allow for outside storage of materials equipment for property at 4500 Main Street. He stated the Plannin ommission recommended approval of the request with six stipulations, ch he outlined. MOTION by Councilman F atrick to grant special use permit, SP #87-16, with the following 1pulations: (1) provide a water main loop at the time of the buildi xpansion; (2) provide landscaping and hard surface parking lot and d ' ways with curbing; (3) automatic sprinkling for front lawn to be i D led with landscaping as per City's plan; (4) provide crushed rock o asphalt in the relocated storage area ; (5 ) stipulations to be -18- w� 5E THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF PTEMBER 28, 1987 The Regular Meeting of the Fridley City Council was called order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Ple a of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Council an Jorgenson, Councilman Schneider, Counci an Fitzpatrick, and Councilman Goodspeed MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING SEPTEMB 14 1987: MOTION /man ilman Fi patrick to approve the minutes as presented. Secondecilman S neider. Upon a voice vote, all voting aye, Mayor Nee decmotio carried unanimously. ADOPTIODA: MOTION man Schneider to adopt the agenda as presented. Seconded by Countzpatrick. Upon a voice vote, all voting aye, Mayor Nee declareion carried unanimously. OPEN FOTORS: /BUSINESS: s no response from the audience under this item of business. 1 . CONSIDERATION OF SECOND READING OF AN ORDINANCE APPROVING A VACATION, SAV #87-07, TO VACATE THE WESTERLY HALF OF THE ALLEY IN BLOCK 5, HYDE PARK LYING NORTH OF THE SOUTH LINE OF LOT 22, EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: Mr. Robertson, Community Development Director, stated he understands the petitioner, Mr. Johnson, wishes to construct a garage on the rear portion of his lot to cover the west one-half of the vacated alley. He stated James Robinson, Planning Coordinator, sent a letter to Mr. Johnson on September 22 advising him approvals would be necessary from the utility companies, the Council would have to authorize encroachment into the retained easement, and -1- COUNCIL MEETING OF SEPTEMBER 28, 1987 a variance granted to reduce the setback. Mr. Robertson stated the Council could consider the second reading of this vacation ordinance at the same time of the garage variance, if they so desire. He stated staff has not, as yet, reviewed the actual plans for construction of the garage. Mayor Nee stated he would just as soon proceed with the vacation and consider the variance as a separate item. Mr. Johnson, the petitioner, stated to vacate only the west one-half of the alley is a change from his original intent to vacate the entire alley. He stated when he submitted the petition to have the alley vacated, supposedly everything was checked by staff and he would receive the entire 12 feet. He stated after the last Council meeting, it was learned he would only get the west half. Mr. Johnson stated if he cannot obtain the east half of the alley, he will be unable to construct his garage and vacation of the west half wouldn't benefit him. Councilman Goodspeed stated when the City vacates a street or alley, the property reverts to where it was originally platted. He stated if the entire alley were to be vacated, the State Highway Department would receive the easterly six feet. He stated it is not within the City' s power to give the entire 12 feet to Mr. Johnson. Mr. Johnson stated he felt he was misled when he applied for the vacation as he thought he would be obtaining the entire 12 feet. Mr. Herrick, City Attorney, stated the City has nothing to do with determining who gets the land, as this is governed by State law. He stated if the City vacates the alley, the usual rule is one-half of the property would revert back to the owner of each property that is adjacent to the street or alley assuming the original easement was given from the same plat. He stated at the time this alley was platted, there were lots to the east and west and the State had acquired the lots to the east. He stated this being the case, it would be his opinion that if the alley was vacated, the west half would revert to the property adjacent to the west and the east half would revert to the property adjacent to the east. He stated perhaps it may be possible for Mr. Johnson to obtain a quit claim deed from the State, if they have no use for the property. He stated Mr. Johnson should probably have his own legal counsel, if the alley is vacated, to determine ownership since he has plans to construct a garage and he would want to be sure of ownership. Mayor Nee stated in the past, the State Highway Department has returned property for which they have no need and felt staff should check into this further. Mr. Johnson stated his building was constructed with the assumption there would be an alley constructed and he was surprised this never happened. He stated if the alley had been constructed, it would have saved him some problems. He stated he has paid a vacation fee and now would have to pay -2- y"- • 5G COUNCIL MEETING OF SEPTEMBER 28, 1987 another fee for a variance. He stated he would like for staff to contact the State. Mr. Herrick stated it may not be easy to get an immediate answer from the Highway Department and felt Mr. Johnson should be aware of this fact. Mr. Johnson stated he didn't plan to construct a garage until next spring so time would not be a problem. He requested he be notified when this item is again on the Council's agenda. Mr. Johnson stated if he is not able to receive the entire 12 feet, he would withdraw his request. MOTION by Councilman Goodspeed to table this item indefinitely and instruct staff to try and obtain the State's interest on the east half of this alley. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. CONSIDERATION OF VARIANCE REQUESTS VAR #87-24 TO REDUCE THE MIN U ALLOWABLE LOT AREA FOR ONE MAIN BUILDING' TO REDUCE THE SIDE YARD SF.WACKS ON THE STREET SIDE OF A CORNER LOT; TO REDUCE THE DISTANCE THAT THEODGE OF THE CURB OPENINGS MAY BE FROM A STREET RIGHT-OF-WAY INTERSECTI AND TO REDUCE THE PARKING AND HARD SURFACE SETBACK FROM A STREET RIGH -W AY; AND VAR #87-26 TO REDUCE THE SIDE YARD SETBACK ON THE STREET SI2F OF A CORNER LOT FROM 35 FEET TO 21 FEET ON THE NORTH TO ALLOW CO RUCTION OF AN AUTOMOBILE SERVICE STATION ON LOTS 1 AND 2 BLOCK 2 CEN L VIEW MANOR THE SAME BEING 7315 HIGHWAY 65 N.E . BY RAPID OIL CHA ( CONTINUED FROM 9/14/87) : ` Mr. Robertson, Community Development Director, ated at the Septemer 14 Council meeting staff was instructed to rework a plan for the Rapid Oil building based on the new building size, con t appropriate traffic counts on 73rd and 73-1/2 Avenues, and review pos le options for Viron Road. He stated the building has been reduced in s e to 1 ,216 square feet. Mr. Flora, Public Works Director, sta d he met with the property owner of the trailer court and there was no erest in providing easements for the extension of Viron Road. He st ed there are several residents in the trailer court that have been th a since 1965 and the owner does not want them displaced. He stated if ese residents were to relocate, the property owner would be willing to cuss this extension with the City. Mr. Flora stated traf c counts were completed along 73rd and 73-1 /2 Avenues. He stated re are a considerable amount of vehicles using 73-1/2 Avenue to access o Highway 65. He stated the Minnesota Department of Transportation h advised they will be closing the median at 73-1/2 in the near future. stated when this happens, it certainly will affect the amount of ca that are currently using 73-1/2 for access onto Highway 65 . Mr. Flora ted based on agreements that have been worked out with Rapid Oil, if ey provide the right-of-way for the Viron Road service drive and wideni of 73rd Avenue, adequate access should be provided for vehicles to acce Highway 65 from 73rd. Robertson stated since owners of the trailer court are not willing to -3- COUNCIL MEETING OF SEPTEMBER 28, 1987 provide easements to extend Viron Road, staff would recommend the vacation of 73-1/2 Avenue not proceed, unless the City wished to condemn p perty for the right-of-way. Mr. Qureshi, City Manager, stated he would suggest a 15 f t triangular easement on the southeast corner be dedicated for road righ of-way and be included in the stipulations. Mr. Robertson reviewed some of the minor revisions to e site plan which affect several of the variances and vary slight from the Appeals Commission recommendation. Mr. Robertson stated in conjunction with these var noes, there is a request for a special use permit. He stated there are s ulations associated with the variances, as well as the special use ermit, and perhaps the stipulations should, all be included as part of a variance request. Mr. Qureshi, City Manager, stated the re son staff is suggesting the stipulations be included as part of the v acces is because it provides the City with more control. MOTION by Councilman Schneider to co ur with the recommendation of the Appeals Commission and grant variance , VAR #87-24 and VAR #87-26 to reduce the minimum allowable lot area for main building from 0.75 acres of 0.54 acres; to reduce the side yard set ck on the street side of a corner lot from 35 feet to 19 feet on the a and from 35 feet to 28 feet on the west; to reduce the distance that t edge of the curb opening may be from a street right-of-way intersects from 75 feet to 19 feet on the north and from 75 feet to 55 feet on th southeast; to reduce the parking and hard surface setback from a stre right-of-way from 20 feet to 19 feet on the east and from 20 feet to 1 feet on the west ; and to reduce the side yard setback on the street sid of a corner lot from 35 feet to 21 feet on the north, to allow the con uction of an automobile service station on Lots 1 and 2, Block 2, Centr iew Manor, the same being 7315 Highway 65 N.E. , with the following st' ulations: ( 1 ) developer agrees to covenant, as a condition of approv of these variances, that the proposed development will be utilized as a R id Oil Change facility and any future reuse of the structure for use other than that comparable to a Rapid Oil Change will be subject to Counc approval ; (2) developer will further covenant that the site will be de loped and maintained consistent with approved plans; (3) the restrictiv covenant referred to above will be executed and filed at the County prior o a building permit being issued; (4) petitioner to provide a storm drain a plan and receive approval from Public Works prior to building permit, (5) building facade to be constructed with face brick as depicted in elevation received by City on September 24, 1987; (6) all doors, metal trim and win w framing to be painted or color clad to compliment building facade. Color treatment to be approved by City staff prior to building permi (7) landscaping to be installed as depicted in plan proposed by City staf dated July 22, 1987, including vacated street portion when vacation is app ved. Plan to be revised by City to reflect revised site plan; (8) au atic lawn irrigation to be installed for all green areas, including v Gated street portion when vacation is approved; (9) petitioner agrees to -4- FRIDLEY CITY OOUNCIL M TIM OF NAY 2, 1988 University. He stated this was an exception because the residents wanted the signal, however, the Highway Department wouldn' t participate in the cost. He stated the other alternative would be to split the cost of the signal over the entire area. Mr. Weaver stated they don't question the need for the signal, but if they are going to be assessed, the other properties that would b efit from the improvement should also be assessed. Mr. Herrick, City Attorney, stated the Council in asses Ing property has to demonstrate the improvement to the property is at least equal to the assessment. He stated the other criteria is equalit among the properties being assessed. He stated the City hasn't had a ctice of assessing for signals, with the one exception at 69th Avenue ere there were peculiar circumstances, which isn't the case in this ins ce. He stated he would be ccanfortable with Mr. Qureshi's suggestion that the signals be paid for other than by special assessment and the street be sessed in the manner the City has assessed streets for many years. Mr. Herrick stated he felt the question the Navy' s participation would have to be resolved before a final dec' ion can be made. NOTION by Councilman Fitzpatrick t continue this public hearing on the portion of the 51st Way improv nt to the next meeting. Seconded by Councilwoman Jorgenson. Upon voice vote, all voting aye, Mayor Nee declared the motion carried sly. Councilman Schneider asked t the Viron Road Lighting Project which is proposed as an addendum to s 1988 street improvement project. Mr. Burch stated theity Development Department has worked with the property owners on Viron d to develop a street lighting plan for this area. He presented a showing where the lighting would be located. He stated petitions were eceived f rom the six property owners in the area indicating their conc nce with this project. He stated an addendum is proposed to add thi to the overall street improvement project for this year. Mr. Robertson, unity Development Director, stated this lighting project was part of the plan when the Council approved the re-routing of the Viron Road service ive. He stated lighting alternatives were received and this lighting wil be the same type proposed for the project on Rice Creek Road. Mayor Nee ated there was no background material supplied regarding this lighting ro.ect so he had no idea what it involved. NOTION y Councilman Schneider to close the public hearing on all items carer under Street Improvement Project ST 1988 - 1 & 2, with the exception of 51st Way improvement. Seconded by Councilman Fitzpatrick. Upon a vo' e vote, all voting aye, Mayor Nee declared the motion carried usly and the public hearing closed at 8:28 p.m. i -5- FR MLEY CITY aXR CM MEETING OF MAY 2, 1988 2. ORDINANCE NO. 904 RECODIFYING THE FRIDLEY CITY CODE BY ADOPTING A NEW CHAFFER 405, EWITLED "CABLE TELEVISION FRANCHISE" AND REPEALING OLD CHAPTER 405, ENTITLED "CABLE CalU ICATIONS FRANCHISE" AND GRANTING A FRANCH E TO NORTEL CABLE ASSOCIATES L.P. TO OPERATE AND MAINTAIN A CABLE TEIXVISION SYSTEM IN THE CITY OF FRIDLEY; SETTING FORTH CONDITIONS ACCOMPA,9YING THE GRANTING OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF ZE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVI ONS OF THIS ORDINANCE: AND CONSIDERATION OF TITLE AND SUMMARY OF THE ORDINANCE OR PUBLICATION PURPOSES: MOTION by Councilman Schneider to waive the reading d adopt Ordinance No. 904 on second reading. Seconded by Councilman Fi patrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot' carried unanimously. MOTION by Councilman Schneider to approve the itle and sumary of Ordinance No. 904. Seconded by Councilwoman Jorgenso . Upon a voice vote, all voting aye, Mayor Nee declared the motion carried .imously. MOTION by Councilman Schneider to pub sh only the title and summary of Ordinance No. 904 due to the size of is ordinance. Seconded by Councilman Fitzpatrick. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 3. CONSIDERATION OF SETTING A IC HEARING FOR AN ORDINANCE AMENDING SECTIONS 2.03, 4.02 AND 4.03 OF THE YLIDLEY CITY CHARTER: Mr. Hunt, Assistant to e City Manager, stated this is the general amendment to the Chante that would, in effect, extend the length of terms of office to four year and, eventually, every even numbered year there would beanelection. MDTION by Counci on/ to set the public hearing on this item for June 6, 1988. onded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, May Nee declared the motion carried unanimously. 4. CONSIDERATIO OF SETTING A PUBLIC HEARING FOR AN ORDINANCE AMENDING SECTION 5.09 OFT FRIDLEY CITY CHARTER RELATING TO INITIATION OF CHARTER AMENDMENT$A. Mr. Hun , Assistant to the City Manager, stated this would be a housekeeping chang should Section 2.03 be amended. MDT N by Councilman Fitzpatrick to set the public hearing on this item f or J e 6, 1988. Seconded by Councilman Schneider. Upon a voice vote, all v ting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION, SAV -6- • 5C FRIDLEY CITY OOMa L NF.EI'ING OF MAY 2, 1988 #87-07, TO VACATE THE WESTERLY HALF OF THE ALLEY IN BLOCK 5, HYDE PARK, LYING NORTH OF THE SXTH LINE OF LOT 22, EXTEI= EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30, E=ED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GERRALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BE'IV= 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: Mr. Robertson, Community Development Director, stated there was a f irst reading of the original ordinance vacating the west half of the alley with five stipulations at the Council meeting on September 14, 1987 . He stated Council tabled the second reading of the ordinance on September 28, 1987 and instructed staff to determine the State's interest in the east half of the alley. He stated upon vacation approval, the Minnesota Department of Transportation will quit claim the alley's east six f eet to the City. He stated the City can then declare the property excess and deed it to the adjacent property owners to the west. He stated since the State has agreed to convey the east half of the alley to the City, the petitioner is requesting the entire portion of the alley be vacated. He stated the original public hearing was for the entire alley. Mr. Robertson stated for the Council ' s information, the petitioner has submitted a request for a variance for the proposed garage to reduce the side and rear yard setbacks. He stated approval has been received from the utility companies for the encroachment. first reading of the ordinance Mr. Robertson stated staff is recommending a g for vacation of the entire alley contingent on receiving the quit claim deed from the Minnesota Department of Transportation. Mr. Herrick, City Attorney, asked if this vacation is limited to just this lot. Mr. Robertson stated there are several properties involved. Mr. Herrick asked if there was unanimous agreement of all property owners affected to which Mr. Robertson answered in the affirnative. MOTION by Councilman Billings to waive the reading and approve the ordinance upon first reading, with the following stipulations: (1) a utility easement to be retained over the entire portion of the vacated alley; (2) petitioner to install a hard surface drive to 3rd Street in conjunction with construction of the garage; (3) garage location conginent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement and the City's conveyance of east half of alley to owners west of alley; (4) petitioner to escrow funds with Public Works Department sufficient to cover curb work for cut on 3rd Street; (5) dumpster to be fully screened; (6) landscaping to be installed on the east side of the garage once completed to screen from University Avenue; (7) proper power line clearance must be maintained upon garage construction, 8 feet for over a flat roof, 4 feet over a slanted roof as per NSP requirements; and (8) petitioner to post a bond or letter of credit to cover driveway improvement. An escrow for a City contractor installed driveway may be acceptable. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Johnson, the petitioner, stated on September 14, 1987, the Council -7- FRD= CITY COUNCIL NE'I'ING OF MAY 2, 19 88 approved the first reading of the vacation -xdinance with five stipulatons. , He stated in regard to stipulation No. 5, if the dumpster needed to be screened or all four sides. Mx. Robertson stated it has to be screened from view of other residential properties and the public right-of-way! Nx. Johnson stated he received a letter frau Jim Robinson,,dated April 26, 1988 and sane of the stipulations were restated and there"was a stipulation added for him to install a hard surface driveway. Councilman Billings stated this is required in the City Code when co tructing a garage. Mr. Johnson stated he cannot understand why, e stipulation for landscaping to be installed on the east side of the rage to screen from University Avenue and the stipulation to post on or letter of credit to cover driveway improvement was added. H stated the area where landscaping is requested is to be retained by State. D�. Herrick, City Attorney, stated the petitioner cannot be required to install shrubbery on Sta right-of-way. Mr. qureshi, City ger, stated he didn't believe it is a critical issue if this does not et with the petitioner's approval. Nr. Johnson s ted he has redecorated three apartments and done much. to beautify property. Mr. rtson stated Mr. Robinson, in his letter to the petitioner, was bein consistent in the City's policy. He stated when a setback variance is gr- ted, one of the compensations the City requests is landscaping. He Mated he wanted to make sure Mr. Johnson knew this was routine and he wasn't being singled out. 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VAgLT12N, SAV $87-12, TO VACATE THAT PORTION OF THE SERVICE ROAD LYING T OF AND ADJACENT TO TRUNK HIGHWAY 65, BEING A PART OF LOTS 16 7 , AUDITOR' S SUBDIVISON NO. 88, ANOKA COUN'T'Y, MINNESOTA, GENERAL LOCATED AT 6257 HIGHWAY 65 N.E., BY SHOREWOOD PLAZA PARTNERS: Mr. Robertson, Community Development Direct stated this vacation is proposed for the service road generally 1 ated at 6257 Highway 65 and traffic will be re-routed throughthe par 'ng lot. He stated the developer has agreed to stipulations regarding lying a storm drainage plan, joint driveway easement, revised parking layout and irrplementing the landscape plan. Councilman Schneider stat he would like information as to the traffic patterns. concerned t he ides enough N�'. Robertson sta the developer is very o that prow parking spaces meet code, but still doesn' t have a confusing traffic pattern. He tated the developer, N.r. Applebaum, has his parking lot designer w king on a plan. -8- II� 5E FRIDLE'Y CITY CaJNCIL MEETING OF MAY 16, 1988 Mayor Nee reopened the public hearing on part of this improvement project, which was continued from the May 2 meeting, the 51st Way Street Improvement. Ix. Flora, Public Works Director, stated at the public hearing on May 2, infornnation was received and there was discussion on the cos distribution for the intersection and signal portions of the 51st Way t Improvement. He stated as a result of the questions raised by Burlin n Northern and the East River Road developers, the costs for the intersection and signals have been redistributed to the County and City. He stated the remaining costs for entrance and street improvements will be distributed to all of the parties, Mr. Flora stated the City has obtained an easement and an agreement frau the Navy and FMC for the waterline construction,along 51st Way, however, it now appears the Navy chooses to redefine their funding mechanism for the roadway improvement. He stated while all of Xhe parties essentially support the improvement of 51st Way and East Iver Road with permanent signals and traffic controls, it appears that/the Navy may take a considerable amount of time, through their review proce s, before a final decision is made on the cost participation. Mr. Flora stated he would recannend the Council close this public hearing for the 51st Way Improvement Project. He stated this portion of the project will be bid separately so if the funding cannot be worked out with the Navy, the bid can still be awarded for the other projects covered under this improvement Proj—t,. M FION by Coun loran Fitzpatrick to close the public hearing. Seconded by Councilman ider. Upon a voice vote, all voting aye, Mayor Nee declared the motion ied unanimously and the public hearing closed at 7:55 p.m. Mayor stated he would like a petition for these improvements from the East Aver Road Business Center. Mr. Flora stated staff will continue to wor with then on this proj ec t. OLD BUSINESS: 3. ORDINANCE NO. 905 APPROVING A VACATION, SAV #87-07, TO VACATE THE WESTERLY HALF OF THE ALLEY IN BLOCK 5, HYDE PARK, LYING NORTH OF THE SOUTH LINE OF LOT 22, EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30, EXTENDED EASTERLY, ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BEIWEEN 61ST AVENUE, 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: MOTION by Councilman Billings to waive the reading and adopt Ordinance No. 905 on second reading and order publication with the following stipulations: (1) a utility easement to be retained over the entire portion of the vacated alley; (2) petitioner to install a hard surface drive to 3rd Street in conjunction with construction of the garage; (3) garage location contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement and the City's conveyance of east half of alley to owners west of alley; (4) petitioner to escrow funds with Public -3- I FRIDLEY CITY =CIL MEETING OF MAY 16, 1988 Works Department sufficient to cover curb work for cut on 3rd Street; (5) dunpster to be fully screened; (6) landscaping to be installed on the east side of the garage once completed to screen from University Avenue; (7) proper power line clearance must be maintained upon garage construction (8 feet for over a flat roof, 4 feet over a slanted roof as per NSP requirements) ; and (8) petitioner to post a bond or letter of credit to cover driveway improvement. An escrow for a City contractor installed driveway may be acceptable. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF A SPECIAL USE PERMIT, SP #88-05 , TO ALLOW A SECO ACCESSORY BUILDING ON LOT 10, CLOVER LEAF ADDITION, THE SAME BEING 36 CLOVER PLACE N.E., BY GERALD LINDNER: Councilman Billings stated Mr. Lindner is out of /EEMENTFORYnRCECYCLIN., be able to attend this meeting. MOTION by Councilman Billings to table this itemncilman Fitzpatrick. Upon a voice vote, all voting ayred the motion carried unanimously. NEW BUSIl�SS: 5. CONSIDERATION OF ANOKA COUNTY JOINT POWERS ACLING, COMPOSTING AND IVM= REDUCTION: Mr. Robertson, Ccmmunity Development Dire or, stated this joint powers agreement with Anoka County covers re cling, composting, and waste reduction activities between July 1, 198 and June 1, 1989. He stated it is important to note there has been a ange in the County' s Solid Waste Abatement Plan. He stated the City's recycling reimbursement will be based on tons recycled. He stated under is funding, the City could receive as much as $20,475 or as little as $ ,076. Mr. Robertson stated the General Fund contribution to the recycli g program, if the tonnage goal of 572 tons plus 10% is met, would be $7,90-- He stated, however, this figure will vary with the amount of tons recy e . Councilman Schneider as what the cost would be if this agreement was in force today. Mr. Reber on stated about $7,000 as the City has met the goal so far. Councilman Schnei stated unless something drastic happens, the f igures probably wouldn't hange. Mr. Robertson stated Fridley has been the leader in the County f participation. He stated in the worst scenario, the City would get as ittle as $1,000 and the City' s subsidy would have to be increased. Council Schneider asked if the agreement could be terminated. Mr. Robert stated it could, but it is in the best interests of the City to parti pate in order to obtain this subsidy. -4- F ZIDLEY CITY WINCIL MEE'T'ING OF JULY 11, 1988 property owners with the attitude that he needs their permission to install these signs. Mayor Nee stated the code has already been violated signs were placed all over the property. Mr. Madison stated they are new to verwood Park development and are not the ones who erected the Riv ood Park signs. Mayor Nee stated he apol zes and was glad they came in for the permit. Councilman Bill' s stated he had the same feelings as the Mayor and was the reason for i previous comment. Upon vioce vote taken on the above motion, all voted aye, and Mayor Nee ared the motion carried unanimously. 10. CONSIDERATION OF AMENDING THE MC7TION APPROVING A VACATION, SAV #87-07 , TO VACATE THE 12 FOOT ALLEY IN BLOCK 5, HYDE PARK, LYING NORTH OF THE SOUTH LINE OF LOT 22, EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EXTENDED EASTERLY; ALL LYING EAST OF AND ADJOINING LOTS 22-30, BLACK 5, HYDE PARK, GENERALLY LOCATED BETWEEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON: Mayor Nee stated the document to be amended should be brought back to the Council at the next meeting. NOTION by Councilman Billings to table this item until the next regular meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion varied unanimously. 11. RE= OF A SPECIAL USE PERMIT, SP #88-02, TO ALLOW A BILLIARD, AN ARCADE AND A SNACK BAR, ON LOTS 4, 5 AND 6, BLOCK 1, PACO INDUSTRIAL PARK, THE SAME BEING 7178 UNIVERSITY AVENUE N.E., BY GREG ASPROTH: Mr. Robertson, Community Development Director, stated the petitioner called and stated he was unable to attend this meeting and asked that this item be tabled to July 25, 1988. NOTION by Councilman Billings to table this it to July 25, 1988. Seconded by Councilman Schneider. Upon a voice v e, all voting aye, Mayor Nee declared the motion carried unanimously 12. CONSIDERATION OF A SPECIAL US ERMIT, SP #88-04 , TO ALLOW PRIVATE, NONPROFIT CLUBS, TO ALLOW AUTOMOBILE PARKING ON ADJACENT LAND ON LOT 1, BLOCK 1, HARSTAD ADDITION, THE SOUTH 95 FEET OF LOTS 14 AND 15 PLUS OUTLC7T 1, HARSTAD ADDIT , ALL GENERLLY LOCATED AT 6831 HIGHWAY 65 N.E., BY NORTH AIR HOME ASSOCIATION (KNIGHTS OF COLUMBUS) : Mr. FRcber�tson, 'ty Development Director, stated this request is for a specse rmit to allow the Knights of Columbus to expand their parking lot tructing additional parking spaces on adjacent land. He stated -12- 0 FRIDLEY CITY COUNCIL N=ING OF JULY 11, 1988 which do draw attention to new businesses. Councilman Schneider stated he can see an occasional use for a porta-panel sign, however, his concern is the abuse of than. He stated 7rcb&ly dn't have a problem asking businesses to review the ordinance. Mayor Nee stated this ordinance is easier to understand and easier to enforce than the old ordinance. MYrION by Councilman Billings to waive the reading and��C, opt Ordinance No. 913 on second reading and order publication, as ed by adding the following language in Sections 214.10.06.B; 214.11.0 .B; and 214.12.06.B - "All temporary sign permit applications must be igned by said property owner or designated manager before processing can, gin". Further, to amend Section 214.02.24 by eliminating the word "signs" at the end of the first paragraph and inserting a colon after the word "to" and adding the words "A sign" under Items A and B; adding the word "sins" under Item D; and adding the words "A sign" under Item E. SIELOPMENT 'Councilman Schneider. Upon a roll call vote, Councilman Billinglman Schneider and Mayor Nee voted in favor of the motion. Can Jorgenson and Councilman Fitzpatrick voted against the motioNee declared the motion carried by a 3 to 2 vote. NEW BUSINESS: 9. CONSIDERATION OF REAL ESTATE D SIGNS FOR RIVERWOOD PARK DEVIIAPM= Mr. Robertson, Community Dev opment Director, stated Mr. Madison of Tollef son Construction, Inc. ' requesting permission to erect four off-site real estate development dir tional signs for the Riverwood Park development at 71st Avenue and East Riv r Road. He stated apparently the closing of East River Road has made i -- difficult to direct customers to the site. r Mr. Madiso/ed they reviously have had five or six people visiting their deveduri g the week and 12 or 13 on the weekend, however, they now only ht during the week and three or four on the weekend. Mr. Madisod hey need some directional signs to advertise their developmen Yx. Rcberted these signs would be placed on private property and it would be nto obtain permission from the property owner and they must be lon feet from any property line or driveway. NDTION byan Fitzpatrick to approve this request for four off-site directionagfor the Riverwood Park development with the following stipulations: (1) petitioner must place the directional signs on private property 4nd it is necessary to obtain permission from the property owner and (2)/all signs must be located 10 feet from any property line or drivew Seconded by (buncilman Billings. Cozen ilman Billings stated he would like Mr. Madison to approach the -11- FRIDLEY CITY cl7UNCILOU=I , OF JULY 25, 1988 outdoor power implements such as lawn mowers, hedge clippers, etc the typical type of things a hamaaner might use. UPON A ROLL CALL VOTE TAKEN ON THE ABOVE AMENDED MOTI Councilman Schneider, Cbuncilwanan Jorgenson and Councilman Fitzpat ' voted in favor of the motion. Mayor Nee and Councilman Billings vot agaist the motion. Mayor Nee declared the motion carried by a 3 to 2 te. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, 11 voted aye, and Mayor Nee declared the motion carried unanimously. Councilman Billings asked that staff nd a letter to Menards indicating the variances and special use permit e been approved and to make sure it is pointed out what a review can cannot accomplish. He felt Menards is under the impression a revi would give the Council an opportunity to add new stipulations at the t' of the review. 4. ORDINANCE NO. 914 ROVING THE AMENDMENT OF THE FRIDLEY CITY CHARTER, SECTION 5.09 (I TION OF CHARTER AMENDmmrs) : M7TION by cilman Schneider to waive the reading and adopt Ordinance No. 914 on second reading and order publication. Seconded by Councilwoman Jorge n. Upon a voice vote, all voting aye, Mayor Nee declared the motion car 'ed unanimously. 5. CONSIDERATION OF AMENDING THE TITLE IN THE MAY 2 AND MAY 16, 1988 CITY OC3[JNCIL MINUTES TO READ: VACATION SAV #87-07, TO VACATE THE 12 FOOT ALLEY IN BLOCK 5, HYDE PARK, LYIIU NORTH OF THE SOUTH LINE OF LOT 22, EXTENDED EASTERLY AND SOUTH OF THE NORTH LINE OF LOT 30 EX'T'ENDED EASTERLY. ALL LYIM EAST OF AND ADJOINING LOTS 22-30, BLOCK 5, HYDE PARK, GENERALLY LOCATED BE %7EEN 61ST AVENUE AND 60TH AVENUE AND BETWEEN 3RD STREET AND UNIVERSITY AVENUE, BY WAYNE JOHNSON (TABLED 7/11/88) : Mr. Hill, Acting City Manager, stated the captions in the minutes of May 2 and May 16, 1988, are to be changed to reflect the entire alley being vacated rather than just the westerly one-half. MOTION by Councilman Billings to amend the titles or captions in the May 2 and May 16, 1988, minutes to reflect the vacation of the entire alley rather than just the westerly one-half. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. REVIEW OF A SPECIAL USE PERMIT, SP #88-02, TO ALLOW A BILLIARD, AN AR AND A SNACK BAR, ON LOTS 4, 5 AND 6, BLOCK 1, PACO INDUSTRIAL PARK SAME BEING 7178 UNIVERSITY AVENUE N.E., BY GREG ASPROTH (TABLED 7/ ) : Mr. Robertson, Community Development Director, �tedhis special use permit was to be reviewed by the Council o e 20, 1988 and staff has found the petitioner is in oanpliance w' all the stipulations. He stated the petitioner, Mr. Asproth, i questing a change in some of the stipulations which he has out d in a letter to the City dated July 1, -8- k DLEY CITY OOUNCILrIM OF JULY 25, 1988 determine if the noise is a problem with the hours they operate Mr. Herrick, City Attorney, stated the City has established ise standards that apply throughout the City and to all industrial nd commercial operations in the City. He stated the City could not opt more severe standards for blenards than for other individuals or co ations. Mr. Herrick asked Mr. Perez if he was aware of ny State rules and regulations in effect for impulsive sounds. Mr. P ez stated he was not aware of any such standards. Councilwoman Jorgenson stated it is her under anding the Council could enforce stricter standards when the special u permit is reviewed. Mr. Herrick stated he didn't know what a rev'ew of the special use permit would accomplish. He stated if someone is in violation of the noise standards that is something that can be e orced. Councilwoman Jorgenson stated she ca not recall a special use permit approved by Council where they did n request a review after a certain period of time. Councilman Fitzpatrick stated such stipulation is not unusual. Mr. Herrick stated Menards' conc n is once they complete the construction, their hours of operation may b reduced. He felt there may be a legal problan if the City tried to e orce shorter hours on Menards than they do for other ccmercial establi nts in the City. Councilman Schneider state the City does impose hours of operation on businesses adjacent to res'dential neighborhoods. Mr. Herrick stated if Me rds felt the hours of operation imposed were too restrictive, they pr ly wouldn't proceed with the planned construction. He stated if they are n violation of the hours of operation that are set either by ordinance by the special use permit, the City can enf orce it. He stated if the Co cil has a concern about the construction, a review would be done bef the occupancy permit is granted. Councilman Bill ngs stated Menards initially requested a variance to construct a fen e and the Commission wanted the fence to be a sound barrier as well. He s ted Menards then came up with the storage area and it is his feeling this 'sn't Menards' first choice. Councilman Billings felt, in his mind, it was a compromise and when the subject of a reivew was discussed, there was way Yx. Prochaska would subject Menards to it. He stated Mr. Prochaska as reluctant to be restricted in any way and he felt if there is a review, he may be restricted further. Councilman Billings stated Mr. Prochas felt they were acting in good faith in constructing the storage yard i an attempt to reduce the noise levels. Mr. ill, Acting City Manager, stated the noise ordinance does not refer to ho s of operation for businesses and only refers to hours of operation for -7- • • FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1989 PAGE 6 Mr. Glander stated the rates in St. Paul are $85 er ton and $90 per ton in Roseville. He stated there is re productivity in these cities and the rates are based ely on experience. He stated the productivity is reflect n the number of tons they can collect in one driver ho He stated this takes into consideration how far t have to travel to their base and the density of households ich increases the productivity. He stated they reviewed th City's recycling records for the first four months of this ear to come up with the tonnage rate. MOTION Councilman Schneider to authorize the Mayor and City Man r to enter into this agreement with Super Cycle. Seconded b Councilwoman Jorgenson. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously. 9 . CONSIDERATION OF ESTABLISHING A PUBLIC HEARING DATE OF AUGUST 14 , 1989 FOR THE SALE OF EXCESS PROPERTY, LOTS 22 THROUGH 30, BLOCK 5, HYDE PARK, BY WAYNE JOHNSON: MOTION by Councilman Fitzpatrick to set the public hearing date for the sale of excess property, Lots 22 through 30, Block 5, Hyde Park, for August 14 , 1989 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10 . CONSIDERATION OF A FOUR FOOT CHAIN LINK FENCE FOR HOMEOWNERS BORDERING ON SUMMIT SQUARE PARK: Mr. Kirk, Director of Recreation and Natural Resources, state r. and Mrs. Pettis, the homeowners at 5176 Hughes Avenue have requested the City participate in the cost of a semi-priv y fence along their property which borders Summit Square Park. He stated the Parks and Recreation Commission considered thi request and recommended the City share in the cost and instal tion of a four foot chain link fence. He stated there has be a long standing policy that a homeowner, if his property rders a park, can request the City to Z�rn articipate in the ost of this type of fencing. Mr. Kirkhe Commissio lso recommended if this type of fencing isalled, the ity not participate. MOTION by Councilmarick concur with the recommendation of the Parks and ReCo - ssion for the City to share in the cost and installatour foot chain link fence for the Pettis ' property wers Summit Square Park. Seconded by Councilman SchneidCouncilwoman Jorged if the Pettis ' were aware of this recommendation. Mr. Kirk sta d he advised Mr. Pettis as to what would be recommended. He stated Mr. Pettis would prefer a privacy fence, r FRIDLEY CITY COUNCIL MEETING OF JULY 24, 1989 PAGE 5 8. CONSIDERATION OF APPROVAL OF RECYCLING SERVICE CONTRACT WITH SUPER CYCLE: Ms. Dacy, Planning Coordinator, stated the Council discussed short term goals for continuing recycling service in /the City and staff is recommending the Council consider this ontract with Super Cycle. She stated one item not discussed t the June 26, 1989 meeting was compensation to the contractor of $100 per ton basic fee and $44 per month for "out-of-pocket xpenses" , or a total of $3 , 144 . 00 per month. She stated this t/ ld occur if the tonnage falls below 31 tons. The agreement still requires a minimum monthly payment of $3 , 144 . 00. She st ted it is not expected the tonnage would fall below this figur as it has been averaging 36 to 44 tons a month. Ms. Dacy stated another item which was not previously discussed concerned the leave agreement Super Cycle has with Ramsey County. She stated the agreement provid s that Super Cycle will notify the City by August 1, 1989 if its lease agreement with Ramsey County for its recycling center 1 Gated at 775 Rice Street has been cancelled. She stated Mr. Gander, Vice President of Super Cycle, has stated, in a letter, hat he anticipates the Ramsey County Board will approve the 1 ase agreement at its July 25 meeting. She stated should the Ram eytCounty Board not approve the contract, Super Cycle will contin o serve the City through July 28, 1989. Councilman Schneider estioned the intent of Paragraph 4 on Page 2 of the contract, a if the contractor could cease pick-up of a particular recyclabl, at a moment' s notice. Mr. Glander, Vice resident of Super Cycle, stated this paragraph was included int e contract due to what happened this spring where they could not spose of the newspapers that had been collected. He stated if t e City wished clarification, this could be done, however, their intent was not to call the City on a moment's notice and advise th would not take certain recyclables. He stated this wording was added to minimize the impact if a serious problem arose. Councilwo an Jorgenson stated newspapers account for the majority of the t/ nage and, if for some reason they would not be collected, the tonnge could possibly fall below 31 tons. Mr. G ander stated newspapers comprise about 65 percent of the tonn ge and if any problems arose, it probably would be in this are . He stated a minimum fee was designed because if the City watts them to continue collecting other recyclables, such as cans ap,d glass, it would not be feasible if the tonnage fell below 31 Dons. Mr. Burns, City Manager, questioned why tonnage rates were lower in other cities. 4D FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989_ PAGE 5 of SBF Addition; and (2) a park fee of $. 023 pe 'square foot shall be paid prior to issuance of a building pe i . Ms. Dacy stated in regard to the third tipulation regarding the need for a variance, staff has consul d with the City Attorney and he has recommended the petitioner ove the west property line to the west so it would fall on th common drive. She stated staff has verified the petitioner' s rvey to make sure the plat locates the lot line within the co driveway and not the parking stall, therefore, the stipulatio regarding the variance is not needed. Mr. Farrell stated t re are problems with the project which are fairly typical . H stated Cub Foods is still on the lease for the building and he s working with them to negate their lease. He stated it has lso taken longer than anticipated to obtain the financing so hey are several months behind schedule. No other ersons in the audience spoke regarding this plat. MOTI by Councilman Fitzpatrick to close the public hearing. Se nded by Councilwoman Jorgenson. Upon a voice vote, all voting e, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8 : 35 p.m. 2 . PUBLIC HEARING ON THE SALE OF EXCESS PROPERTY, BETWEEN LOTS 22 THROUGH 30 BLOCK 5 HYDE PARK, BY WAYNE JOHNSON: MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8 : 35 p.m. Ms. Dacy, Planning Coordinator, stated this public hearing is to determine whether or not the east six feet of the 12 foot alley abutting Lots 22-30, Block 5, Hyde Park, is excess property. She stated in 1988, the City vacated the alley at the rear of these properties. Ms. Dacy stated under Minnesota law, half the alley access went to the property owners to the west and the other half to the State. She stated the City approached the State for a deed to convey this back to the City in order to convey it to the property owners. Ms. Dacy stated in order to record the deed from the State to the City, the County advised the City that the State's Certificate of Title has to be memorialized. She stated this requires a court proceeding which takes three to six months. Ms. Dacy stated this public hearing is to obtain input from abutting property owners affected by this vacation and if they are willing to proceed with the City in this memorializing process. Mr. Herrick, City Attorney, stated the State has deeded the property to the City, but it cannot be recorded. He stated in the I 0 r � FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 6 Torrens system, when any changes are made, they are done by attaching memorials to the certificate. He stated in this particular case, what needs to be memorialized is the City's action to vacate the alley. Councilman Fitzpatrick asked if the property owners adjacent to this alley already have the west six feet. Ms. Dacy stated the ordinance for the vacation of the alley was published, but it has not been recorded because of the complications regarding the State ' s Certificate of Title. Mr. Herrick stated if there are some property owners who want to express they have an interest in the east six feet, the Council should take this into consideration at this time. Mr. John Early stated he owns property to the south of Mr. Wayne Johnson. He stated they are in favor of Mr. Johnson' s proposal, however, he wondered if the intent was to give the property owners the six feet or if they would be charged for this property. Mr. Herrick stated this is not a legal question, but one of policy. He felt the Council may not want to charge for this six feet if it really does not have much value. He stated, however, the Council may wish to address the court costs and if the property owners should contribute to these costs. Mayor Nee questioned the proposal to handle the court costs. Mr. Herrick stated he felt there was an understanding that the City would pay half the cost and the property owners the other half. Ms. Dacy stated because the process has taken some turns neither the City nor the petitioner were aware of, it was proposed, essentially, to split the cost of the court proceedings. She stated if more than one property owner wants the extra six feet added to their property, Mr. Johnson did not feel it was his responsibility to bear this cost alone. Ms. Dacy stated depending on how many property owners want to participate, a cost sharing could possibly be worked out. Mayor Nee stated he had reservations about the City paying these costs when it would be a benefit to the property owner and/or owners. Mr. Johnson felt this is a unique situation where the City would be obtaining an improvement which would benefit the community. Mayor Nee asked if anyone wished to speak either for or against the City finding this excess property and vacating the City's interest in the six feet deeded to the City by the State. 4F FRIDLEY CITY COUNCIL MEETING OF AUGUST 14, 1989 PAGE 7 No persons in the audience spoke in reply to Mayor Nee's question. MOTION by Councilman Billings to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9: 00 p.m. Mayor Nee asked about the cost for this court proceeding. Ms. Dacy stated she thought it would be anywhere from $500 to $1, 000. Councilman Billings stated he was surprised staff proposed to this cost sharing and was concerned about policy being set by staff, rather than the Council . He stated he would like to review this further. Mr. Hendrickson, 6031 3rd Street, stated he could use the extra six feet, but did not know the cost involved. Mr. Herrick stated assuming the cost is $1, 000 and if five property owners wish to proceed, it would be $200 each. He stated if other agreements were reached, the cost would be adjusted accordingly. He stated the property would have to be conveyed if a property owner wished to sell or build on it. He stated considering the cost, he felt it was worthwhile for the property owners to proceed. Mr. Johnson stated he has been working on this for the last three years, and Ms. Dacy has been doing the best job in working with him to solve the problems. OLD BUSINESS: 3 . ORDINANCE NO. 928 APPROVING A REZONING, ZOA #89-03 , TO REZONE LOT 2 AUDITOR'S SUBDIVISION NO. 89 FROM M-1 LIGHT INDUSTRIAL AND R-3 GENERAL MULTIPLE DWELLING, TO C-2 , GENERAL BUSINESS, GENERALLY LOCATED AT 7191 HIGHWAY 65 N.E. , BY TED HAINES: MOTION by Councilman Schneider to waive the eading and adopt Ordinance No. 928 on second reading and order publication, with the stipulation approved at the first reading on July 24 , 1989 . Seconded by Councilman Fitzpatric Upon a voice vote, all voting aye, Mayor Nee declared the mo 'on carried unanimously. 4 . ORDINANCE NO 929 RECODIFYING THE FRIDLEY CITY CODE. CHAPTER 206 ENTITLED "BUILDING CODE" BY ADDING SECTION 206. 03 . 02 J, FOR ESTABLISHING A MONITORING WELL FEE: MOTION by uncilman Fitzpatrick to waive the reading and adopt Ordinan No. 929 on second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A w or FRIDLEY CITY COUVCIL MEETING OF AUGUST 14, 1989 PAGE 8 5. ITEM FROM THE APPEALS COMMISSION MEETING OF JULY 18 , 1989 : A. CONSIDERATION OF A VARIANCE REQUEST, VAR #89-05, TO REDUCE THE REAR YARD SETBACK FROM 25 FEET TO 13 .8 FEET IN ORDER TO CONSTRUCT AN ENCLOSED 16 FOOT BY 16 FOOT PORCH ON LOT 11, BLOCK 2 , CREEKRIDGE, THE SAME BEING 1495 CREEK PARK LANE N.E. , BY WILLIAM CARLSON AND CARROLL BRENNAN: Ms. Dacy, Planning Coordinator, this is a reque,r./t to reduce the rear yard setback from 25 feet to 13 .8 feet in order to construct an enclosed 16 by 16 foot porch at 1495 Creek Park Lane. She stated the Appeals Commission recommended approval of the variance, however, staff is recommending denial as there are other alternatives to meet the requirements oXer code. Councilman Schneider asked about the stof the recommendation to change the Zoning Code concerning colots. Ms. Dacy stated this recommendation ould be presented to the Planning Commission at their meeting this Wednesday and will be brought to the Council at the meeting on August 28 . Councilman Schneider stated if ;' the Zoning Code is changed concerning corner lots, this variance would not be required. Ms. Dacy stated she did feel the existing code is too restrictive as far as setbacks for corner lots, however, staff is submitting their recommendation based on the code as it now exists. Dr. Carlson stated he wanted the variance in order to construct a screened in porch. He st ted if the house had been constructed in a different direction ronting on Arthur Street) , he probably would not be facing thi problem now. Dr. Carlson stated the home next to him has no w' dows which would face this porch and the property owner has no objection to the variance. He stated because of the bugs and mo quitoes in Minnesota, he wished to have the enclosed porch. Councilwoman Jornson stated she did not feel a 9 by 24 foot porch would be as bene icial as a 16 by 16 foot addition. She stated she personally did not have a problem and this is the reason for reviewing the ordinance regarding the setbacks for corner lots. Councilman Schneider stated the neighbors concur with this request and it make9 good sense, but the hardship may be more difficult to ascertain. , He stated if there is a change in the ordinance, this becomes anon-issue. He felt it would be consistent to grant the variance. MOTION by Councilman Schneider to concur with the recommendation of the Appeals Commission and grant Variance, VAR #89-05, to reduce FRIDLEY CITY COUNCIL MEETING OF AUGOST 28, 1989 PAGE 2 4G WAYNE JOHNSON 11610 53RD AVENUE NORTH PLYMOUTH - RE: VACATED ALLEY: Mr. Johnson stated he is here this evening to request the Council 's participation in the cost to memorialize the title for the alley which the City vacated. He stated he thought it was agreed upon by staff that the City would pay half of this cost. Mr. Johnson stated the City may have erred in not constructing the alley back in the 19601s. He stated because this was not done, property owners installed their driveways in the front and some i owners do not have a need for part of the vacated alley. Mayor Nee stated there is a similar situation where the City purchased land for construction of a street to North Park School and an adjacent property owner bought some of this excess land which the City did not use. He stated about a month ago, the property owner applied for a building permit and found there were problems with the title. He stated this is the same as Mr. Johnson's situation, except this other property owner paid for the property, and Mr. Johnson did not. Mayor Nee stated the City Attorney has stated the City should not pay for a clear title as the property was purchased under a quit claim deed, and he felt this was a similar situation. Mr. Johnson stated right now the City has an alley that looks very bad and he is trying to improve it. He stated he felt he was doing the City a service in trying to make improvements. Mayor Nee advised Mr. Johnson that he has the land and can do anything he wants with it. He felt it is no longer the City' s responsibility, but Mr. Johnson's if he wants to clear the title. Councilman Billings stated Mr. Johnson is saying he does not feel he should pay all the court costs to clear the title on the east six feet of the alley as all his neighbors will obtain part of this alley and they should bear some of the cost. Councilman Billings stated Mr. Johnson also points out if the City had paved the alley back in the 19601s, property owners would have installed driveways to the alley. He stated, as it now stands, some owners have driveways to the front and not everyone wants the alley paved so Mr. Johnson initiated the vacation process. Councilman Billings stated he can sympathize with Mr. Johnson, but he has a difficult time with the City paying half the legal costs as he felt it was not in the best interests of the City. Councilman Billings felt an alternative may be for the City to pay the cost to clear the title and then sell the property to owners who want the east six feet of the alley. Councilman Billings asked how many property owners or lots would be involved. • • THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 28, 1989 The Regular Meeting of the Fridley City Council was alled to order _ at 7 : 38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in th Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilma Billings, Councilman Fitzpatrick, Counci an Schneider and Councilwoman Jorge son MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING AUGUST 1 1989 : MOTION by Councilman Schneid to approve the minutes as presented. Seconded by Councilwoman Jo genson. Upon a voice vote, all voting aye, Mayor Nee declared th motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman F* zpatrick to adopt the agenda as submitted. Seconded by Councilma Schneider. MOTION by Councilma Billings to amend the agenda by adding the following item afte Item 1: Consideration of a Variance Request, VAR #89-12 , to Inc ease the Required Maximum Lot Coverage from 40% to 47% to Allow e Construction of Additional Warehouse/ Manufacturing a d Office Space on Lot 7 , Block 2 , East Ranch Estates Second ddition, the same being 7855 Rancher's Road N.E. , by Cort: Cor oration. Seconded by Councilman Fitzpatrick. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unan' ously. MOTION by C uncilman Billings to delete Item 2B, Comprehensive Plan Revision, rom the agenda and reverse the order of Items 4 and 5. Seconded y Councilman Schneider. Upon a voice vote, all voting aye, May r Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor ee declared the motion carried unanimously. OPE FORUM VISITORS: FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 4 Mayor Nee stated he would have no problem with the City bearing the initial expenses, and collecting these expenses if the property owners agree to purchase the property. Mr. Johnson stated he did not believe it would be beneficial for the City unless the other four property owners indicate they would buy the property for $300 each. Councilman Billings felt staff, Mr. Johnson, and the four neighboring property owners should meet and make sure everyone is aware of what is happening and what their rights are. He felt all possibilities should be explored to try and resolve this issue. 'Councilwoman Jorgenson stated she would suggest staff review the costs involved to vacate an alley and if the fee actually covers the cost for staff's time. r DICK SHERRY 5922 HACKMAN AVENUE - RE: DISEASED TREE: Mr. Sherry stated he has a diseased elm tree in his yar which was planted as a boulevard tree and now needs to be remove . He stated the tree, however, is 13 feet, 3 inches from the ri t-of-way and to be considered boulevard trees, they must be wi in 10 feet of the right-of-way. He stated the tree was planted efore the street was constructed and was not located within the en foot easement area. Mr. Sherry felt since this is a boule rd tree, the City should remove it. Councilwoman Jorgenson stated Mr. Sherry i not the only one with this problem as she has talked with Mr. ownsend, who also lives on Hackman Avenue, about a similar probl m. She stated the problem is the City cannot use public funds o remove trees on private property. Councilman Schneider stated a ee across the street from Mr. Sherry was removed by the Cit several years ago. He stated at that time there was a program n which the City participated in the cost, through a State gra , and did remove diseased trees on private property as fund were designated for that purpose. He stated the program is n longer in effect. Councilman Schneide stated there is a proposal for an ordinance amendment where th City would remove a diseased tree and assess the cost back to he property owner. He stated if this ordinance amendment is a pted, Mr. Sherry could use this means to have the tree removed. Councilm Billings felt the real determination if this tree is located on the City's right-of-way is the lot pins, and not the locat ' n of the roadway. 4H FRIDLEY CITY COUNCIL MEETING OF AUGUST 28, 1989 PAGE 3 Ms. Dacy, Planning Coordinator, stated five lots would be involved. Councilman Billings stated he knows one of the property owners to the north of Mr. Johnson has a structure in the middle of where the alley was suppose to be and, even with the east six feet, he still would be in violation of the code. He felt that person has a vested interest in trying to obtain title to the entire alley. Councilman Billings asked if the memorialization for both the east and west half portions of the alley could be done at the same time. Mr. Newman, Assistant City Attorney, stated if some of the property owners do not want the property, there could be a problem. Mayor Nee asked if it was known how many property owners would participate in the cost for this memorialization. Mr. Johnson stated if the price was reasonable at about $100 for each property owner, he felt probably all of them would participate. Ms. Dacy stated she and the City Attorney, Mr. Herrick, discussed the cost and Mr. Herrick agreed to do the work at a cost not to exceed $1, 000. She stated abutting property owners have agreed to participate, if the City was involved so that their cost would be reduced. Councilwoman Jorgenson asked the cost for staff's time for their work in vacating the alley. Ms. Dacy stated she could not answer at this time since she was not involved from the beginning. Mr. Johnson stated a lot of staff time has gone into this vacation as Ms. Dacy is the fourth or fifth person he has dealt with in regard to the vacation. He felt because of new personnel, it involved more staff time than if one person had handled it. Mr. Johnson stated he would like to complete his improvement and get the title cleared. He stated he felt someone made the decision for the City to pay half the cost. He stated he is requesting a decision from the Council if the City will or will not participate in the legal costs. Mr. John Early, owner of property to the south of Mr. Johnson, stated the alley has been an eyesore and the City has done absolutely nothing. He stated he would like to see an improvement and would be willing to pay a small amount to get this accomplished. Mr. Burns, City Manager, stated he felt Councilman Billings suggestion has some merit. • • FRIDLEY CITY COUNCIL MEETING OF MAY 21, 1990 PAGE 7 NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Ms. Dacy, Planning Coordinator, stated the Council conducted a public hearing in August, 1989 to determine whether or not the east six feet of the vacated twelve foot alley abutting Lots 1 through 9, Block 5, Hyde Park, should be considered as excess and conveyed to abutting property owners on Lots 22 through 30, Block 5, Hyde Park. She stated an earlier hearing the Council requested the petitioner, Wayne Johnson, to confer with adjacent property owners to share in the expenses of conducting the court proceedings to memorialize the certificates for the additional property. She stated property owners have already accrued the west six feet of the alley by virtue of the alley vacation approved by the Council in May, 1988 . Ms. Dacy stated that because property owners to the north of Mr. Johnson are not participating in the process the City would retain ownership of the east six feet of the twelve foot alley for approximately 160 feet. She stated these property owners have the option of pursuing the memorialization process on their own at a future date or when they sell the property. She stated the City obtained the east six feet of the alley from the State at no cost and, because of the minimal amount of value it would add to the abutting properties, no compensation is proposed. Ms. Dacy stated in order to convey title to the abutting property owners the City needs to declare the east six feet of the twelve foot alley as excess. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. At this time, the Council considered the requests by the Michael Servetus Unitarian Society regarding the plat, vacation, and special use permit. 1. PRELIMINARY PLAT P S #90-02 MICHAEL SERVETUS 2ND ADDITION, BY KATE KEMPER AND PHYLLIS FORSBERG FOR THE MICHAEL SERVETUS UNITARIAN SOCIETY BEING A REPLAT OF OUTLOT A. MICHAEL SERVETUS ADDITION TO CREATE FOUR SEPARATE LOTS, GENERALLY LOCATED AT 980 - 67TH AVENUE N.E. : Councilman Billings stated one the greatest concerns on the part of the residents on Oa le rive is that the City is going to connect Oakley Drive to- 7th Avenue without good and sufficient reason and that it 's going to have a negative impact on their r FRIDLEY CITY COUNCIL MEETING OF MAY 21, 1990 PAGE 8 environment. He stated he can sympathize with them and would agree that the change from a dead-end street to a through street could possibly have a negative impact on the neighborhood. Councilman Billings stated the City staff's concern is that if, in the future, changes are made which are beyond the City's control, and creates a negative impact on other residents, the c4ty wants to maintain the option on whether or not Oakley Drive should be extended. He stated that since the City has been in existence that some three miles of right-of-way has been vacated because it was not needed. He stated just because the right-of-way is dedicated does not mean it will become a street, therefore, he would move the following: MOTION by Councilman Billings to approve the preliminary plat, P.S. #90-02 , with the following stipulations: (1) a park fee of $1, 500 per lot for three residential lots shall be paid at the time of building permit ($4 , 500 total) ; (2) the petitioner shall petition for the proposed improvements (67th Avenue extension, water main loop, and sewer extension) ; (3) the vacation request, SAV #90-01, be approved; and (4) documents approved by the City Attorney regarding the need for soil correction shall be recorded against Lots 1, 2 , and 3 , Block 1, Michael Servetus 2nd Addition. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Billings stated while he is a member of the City Council, he would not favVe xtending Oakley Drive unless there is a severe impact on othesidents in the area because of the median construction or val of the crossover. He stated a public hearing should be//held before any extension is approved. MOTION by Councilman Billings that this City Council goes on record to recommend to any future Council that if they should ever consider a connection between Oakley Drive and 67th Avenue, that a public hearing be held to receive input from the residents. Seconded by Coun ilman Schneider. Upon a voice vote, all voting aye, Mayor Nee eclared the motion carried unanimously. MOTION by Cou Gilman Billings to direct staff to aggressively work with the M'nnesota Department of Transportation to keep the crossover n the area of 68th and 69th Avenues open and to aggressin y try to obtain signalization at that crossover so it is not n uncontrolled intersection. Seconded by Councilman Schnei r. Upon a voice vote, all voting aye, Mayor Nee declared the mo ion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF JUNE 4 1990 PAGE 20 OLD BUSINESS: 3 . SECOND READING OF AN ORDINANCE UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Councilman Billings asked if the -two property owners to the north were contacted in regard to the storage shed. Ms. Dacy, Planning Coordinator, stated that they have not been contacted. MOTION by Councilman Billings to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3 . 1 CONSIDERATION OF COMMISSION APPOINTMENTS: RESIGNATION - ALEX BARNA: MOTION by Councilman Fitzpatrick to accept, with regret, Mr. Barna ' s resignation from the Planning Commission. Sefonded by Councilman Schneider. Upon a voice vote, all voting ayle,/ Mayor Nee declared the motion carried unanimously. PLANNING COMMISSION: MOTION by Councilman Schneider to nominate Modig for appointment to the Planning Commission. Seconded by Councilman Billings. There being no further nominations, the nominations were closed by Mayor Nee. MOTION by Councilman Billings to cast a unanimous ballot for the appointment of Connie Modig, 1330 Hillcrest Drive, to the at-large Planning Commission seat for the term which expires April 1, 1993 . Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declaredthe otion carried unanimously. ENVIRONMENTAL UALITY A ENERGY COMMISSION: MOTION by Councilman Billings to nominate Susan Price for appointment to the Environmental Quality and Energy Commission. Seconded by Cou ilman Fitzpatrick. There being o further nominations, the nominations were closed by Mayor Nee MOTION y Councilman Billings to cast a unanimous ballot for the appo' tment of Susan Price, 7449 Melody Drive, to the Environmental Quality and Energy Commission to the term expiring April 1, 1993 . • • FRIDLEY CITY COUNCIL MEETING OF JUNE 4. 1990 PAGE 19 RECESS: Mayor Nee called a recess at 11:05 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11: 19 p.m. All Council members were present. 2 . REZONING ZOA #90-03 BY BOB'S AMOCO, TO REZONE LOT 1, BLOCK 1 LAMPERT'S ADDITION FROM M-1, LIGHT INDUSTRIAL, TO C-2 , GENERAL BUSINESS GENERALLY LOCATED AT 7680 HIGHWAY 65 N.E. (AMOCO OIL SERVICE STATION) : MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 11: 20 p.m. Ms. Dacy, Planning Coordinator, stated that this is a request for a rezoning in the southwestf corner of Osborne Road and Highway 65 from light industrial to commercial. She stated that the Planning Commission has recommended approval of this rezoning due to the fact that all four corners of this intersection have become commercial . Ms. Dacy stated that in conjunction with this rezoning, the petitioner has filed-- for a special use permit and variance. She stated that the s�cial use permit is to reconstruct the pump islands in front of the gas station and construct a car wash in the rear. She stated that the variance for the lot size would not be needed if the property is rezoned. Ms. Dacy stated that the other two varx Iances are to reduce the hard surface setback from 20 feet to 10 a5 feet and reduce the side yard setback from 30 feet to 4 feet. Ms. Dacy tated that the Planning commission and Appeals Commission have re mmended approval of these requests for the special use permit nd variances with stipulations. No pe sons in the audience spoke for or against this proposed rezoning. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the ;public hearing closed at 11:26 p.m. FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 9 Commissioner McCarron stated that there were a variety of options, one being the Columbia Arena site. He stated that site was not favorable because of the kinds of traffic patterns. He stated that another alternative site is in the southeast quadrant of Mississippi and University, and this option has not been discarded. . Mr. Thayer, 377 - 66th Avenue, asked if any study has been done on whether the large trailer trucks will be able to maneuver around this facility and if there is adequate c arance. Ms. Dacy, Planning Coordinator, reviled the radius proposed and stated that there was adequate room to maneuver these trucks. Mr. Flora, Public Works Director, stated that there are certain standards for truck movements, and he assumes the developer's architect used thXtemp a criteria. Mr. Schuette, UCDthat their architect used figures and templates to estae radius accepted in the industry. He stated that the d based on established parameters. No other persons spoke regarding this proposed rezoning request. MOTION by Councilman Billings to close the public hearing. Secondsd by Councilwoman Jorgenson. Upon a voice vote, all voting aye, ayor Nee declared the motion carried unanimously and the pu is hearing closed at 8: 54 p.m. LD BUSINESS• 2 . ORDINANCE NO. 948 UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: ) MOTION by Councilman Billings to waive the second reading of Ordinance No. 948 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3 . ORDINANCE NO. 949 UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: MOTION by Councilman Billings to �vethe second reading of Ordinance No. 949 and adopt it- oh the second reading and order publication. Seconded by Cquricilman Fitzpatrick. Upon a voice vote, all voting aye, Kayor Nee declared the motion carried unanimously. • • FRIDLEY CITY COUNCIL MEETING OF JUNE 18, 1990 PAGE 10 NEW BUSINESS• 4. FIRST READING OF AN ORDINANCE APPROVING A REZONING. ZOA #90- 02 BY FRIDLEY TOWN SQUARE ASSOCIATES: Ms. Dacy, Planning Coordinator, stated that the S-2 zoning 'istrict is similar to a planned unit development district. She st ted that it is unlike any other district in that Council dete ines what types of uses are located in the district based on a redevelopment plan. // Ms. Dacy stated that staff is recommending first ,reading of the ordinance to rezone this property in the northeast quadrant of Mississippi and University to S-2 with 16 stipulations. Mayor Nee stated that this rezoning question /is very difficult. He stated that he has given much thought to Mr. Thayer's comment about not making the same mistake as last me in regard to this property. He stated that the Planning Mission has recommended against the rezoning and the Housing and Redevelopment Authority has recommended approval. He stated th t he felt if the rezoning is approved, there may be several famil -es immediately to the east of the property that may have some dam es. He stated that, on the other hand, there are several families that had that impact for the last 25 years. He stated that many persons are opposed to the rezoning, but he has also heard from others in the community who want this site cleaned up. He stated that under an S-2 zoning, the City has all kinds of discretion in terms of the development standards. He stated that in w ighing the pros and cons, he felt it would be in the best in erests of the City to allow the rezoning. Councilman Billings stated hat he contacted those property owners immediately adjacent on 66th Avenue and, unfortunately, the weather has not cooperated, and he did not get out and communicate with residents who live further away from this site. He stated persons several blocks away7tated a signed the petition. Councilman Billings that one of the main concerns is the fact that, if this project proceeds and if a LRT station is located on this site, it would necessitate the removal of approximately eight homes Vth park-and-ride. He stated that the information received froAnoka County Regional Railroad Authority was that they are noting at this option for this site. Councilman Bgs stated that another concern was that the site was not large enough, and additional homes on Mississippi should be taken fo/t this project. He pointed out that the ratio of lot coverage t6 buildings is 23 percent for this site and 21 percent for Holly Center so these are about the same. He stated that this site would not be any more over-built than Holly Center. He stated • FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7, 1991 PAGE 7 Councilman Billings stated that he would like to compliment the owners of Skyline Veterinary Hospital on the excellent job they have done in providing the City's animal control services. B. VARIANCE REQUEST, VAR #91-30, BY BRUCE AND SUZANNE HANLEY,TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 25 FEET TO 18.7 FEET TO ALLOW THE CONSTRUCTION OF A THREE-SEASON PORCH ON THE WEST 130 FEET OF LOT 31 AUDITOR'S SUBDIVISION NO. 77 THE SAME BEING 132 ALDEN CIRCLE N.E. : Ms. Dacy, Community Development Director, stated that this property is located in the northeast corner of Alden Circle and 71-1/2 Way. She stated that the variance is to reduce the rear yard setback from 25 to 18.7 feet to allow the enclosure of an existing deck. She stated that staff had recommended denial of the variance because the property owner had other alternatives. Ms. Dacy stated that the Appeals Commission recommended approval of the variance on a 3 to 1 vote as they felt the variance would not have an adverse impact since there is adequate distance between the rear and the nearby ,adjacent structure. i MOTION by Councilman 'itzpatrick to concur with the recommendation of the Appeals Comml,)sion and grant Variance Request, VAR #91-30. Seconded by Councilman Billings. Councilman Fitzp trick stated that if this home faced 71-1/2 Way, a variance woul/not be needed. Councilwoman Jorgenson asked if the petitioner had a seven foot high fence. Mr. Hanle stated that at the Appeals Commission meeting someone stated a fence was seven feet high, but the fence is actually six feet igh. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 4. RESOLUTION AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK: Ms. Dacy, Community Development Director, stated that this resolution is to allow the encroachment of a detached garage into a utility easement. She stated that when the petitioner, Mr. Johnson, went through the vacation, variance, and memorialization processes, one of the requirements of the vacation request was that Council pass a resolution authorizing a specified distance of encroachment in the retained easement and the City's conveyance of the east half of the alley to owners west of the alley. 2A FRIDLEY CITY COUNCIL MEETING OF OCTOBER 7 , 1991 PAGE 8 Councilman Billings stated that at the last Council meeting, the time period was extended for the variance, and it was staff's belief that the petitioner may move the location of the garage. He questioned how much green area would be left in the back yard if there is a deviation from the original plan. Ms. Dacy stated that she asked Mr. Johnson which plan he wished to pursue, and understands he is considering a change from his original plan; however, he still needs a letter from the property owner to the south. She stated that Councilman Billings' comment is well-taken because there would be more green area with the original plan. Councilman Billings stated that although the numbers in the variance are the same, the location of the garage is a substantial change, and he would like some time to review the plan and discuss options. He stated the worst case scenario is that this request may have to be processed again through the Commission, so there is a mailing to the neighborhood regarding Mr. Johnson's plans. MOTION by Councilman Billings to table this item to the November 4, 1991 Council meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. RESOLUTION RENAMING VIRON ROAD TO HIGHWAY 65 EAST SERVICE DRIVE: MOTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. RESOLUTION NO. 78-1991 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE NOVEMBER 5 1991 GENERAL ELECTION• MOTION by Councilman Billing to adopt Resolution No. 78-1991. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7 . APPROVAL OF LEASE AGREEMENT WITH RECYCLE MINNESOTA RESOURCES INC. : Ms. Lisa Campbel , Planning Assistant, stated that this agreement sets forth therms and conditions under which Recycle Minnesota Resources ma lease the property and run a redemption center at 350 - 71st venue N.E. She stated that this agreement is for a two-year /period and expands the materials accepted to include magazines. She stated that it is requested the $1.00 fee to lease the site be waived, Recycle Minnesota Resources' staff would assist in enforcing yard waste hours, and the City agrees to correct the drainage problem at the site at a cost of about $150. 00. 0 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 1991 PAGE 8 employees. He felt that the location of McGlynn's in Fridley would be good for the City. No other persons in the audience spoke regarding the creation of this tax increment financial district. . MOTION by Councilman Billings o close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared t�motion carried unanimously and the public hearing closed at 8:44 p.m. OLD BUSINESS• 2 . RESOLUTION NO. 98-1991 AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK (TABLED OCTOBER 7 , . 1991) : Mayor Nee removed this item from the table. Councilman Billings stated that this item has been before the Council several times and was tabled, as the petitioner was considering moving the location of his garage from where the Council had originally approved the variance. He stated that the revised plan proposing the garage on the south property line will not change the amount of impervious surface. He stated that a letter has been submitted from the property owners to the south verifying they have no objection to the revised location. MOTION by Councilman Billings to adopt Resolution No. 98-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 3 . RESOLUTION NO. 99-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY JAYCEES (JOE DIMAGGIO'S) : MOTION by Councilman Schneider to adopt Resolution No. 99-1991. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 . RESOLUTION NO. 100-1991 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT TO THE FRIDLEY JAYCEES LSANDEE'S -�- MOTION by Councilm Schneider to adopt Resolution No. 100-1991. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor N,5e�cleclared the motion carried unanimously. 10C FRIDLEY CITY COUNCIL MEETING OF DECEMBER 9, 1991 PAGE 7 the 200 plus jobs transferred from the Eden Prairie location are in the $9. 00 to $12 .00 per hour range. He asked if this was comparable to the pay at the Chanhassen facility. Mr. Rasmussen stated that the pay is on two different bases. He stated that in Eden Prairie, it is union and pay is on an hourly basis. He stated that in Chanhassen it is non-union, and employees are paid on a salary basis. He stated that the final result is about the same. Councilman Billings asked if the fringe benefits would be comparable between both facilities. Mr. Rasmussen stated that the union employees at Eden Prairie have a pension plan, and the non-union employees at Chanhassen have a 401K plan. He stated that McGlynn's pay 100 percent of their employees' health insurance. Councilman Billings stated that he unde stands there are temporary employees at the Eden Prairie facilit ,. Mr. Rasmussen stated that occasiona y McGlynn's employs temporary personnel for seasonal surges. He stated that they also have temporary employees at the Chanhassen facility. He stated that they work extensively with the Minnesota Job Service to hire long- term employees, and many of tIO temporary employees become full- time employees with the comps y. Councilman Billings asked if McGlynn's would use the temporary pools for their Fridley facility. Mr. Rasmussen stated that their retail operations probably have less temporaries, and hp believed the Eden Prairie retail operation has the least number v'f temporary personnel. Councilman Billings asked if the temporary employees are covered under any pension/6r benefit plan through the temporary agencies. /aa smussen s ated he believed that they are not covered under an. lman B llings stated that since the Fridley facility would maril a retail operation the number of temporary employees be nimal. s ssen answered in the affirmative. n Johnstone, 210 67th Avenue, stated that he has worked for n's in their retail operations for nineteen years, and it be beneficial to him for them to locate in Fridley. He that he is astonished by McGlynn's growth. He stated that e a very good company to work for and really care for their r • i FRIDLEY CITY COUNCIL MEETING OF APRIL 6, 1992 PAGE 10 Councilman Billings stated that he would like Stipulation #3 clarified to state that although the executed leas greement provides for a minimum of four parking spaces no there is the possibility of up to ten parking spaces as need. MOTION by Councilman Billings to amend is pulation #3 as follows: "An executed lease agreement hat provides up to ten parking spaces, shall be submitted_ the City. " Seconded by Councilman Fitzpatrick. Upon a voice "vote, all voting aye, Mayor Nee declared the motion carried nanimously. Upon a v vote, all voting aye, Mayor Nee declared the main mom carried unanimously. 10. RESOLUTION NO. 33-1992 AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT (WAYNE A. JOHNSON AND MARY C. JOHNSON) : MOTION by Councilman Billings to adopt Resolution No. 33-1992 . Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 11. RESOLUTION NO. 34-1992 AUTHORIZING CONSTRUCTION OF A DECK INTO A DRAINAGE EASEMENT (KENNETH P. SCHULTZ AND HOLLY M. SCHULTZ) MOTION by Councilman Fitzpatrick to adopt Resolution No. 34-1992 . Seconded by Councilman Schneider. Upon a voice vote, al oting aye, Mayor Nee declared the motion carried unanimously. 12. APPROVAL OF OFFER TO PURCHASE ALDEN GERSZEWSKI PROPERTY 7885 BROAD AVENUE N.E. : / MOTION by Councilman Fitzpatrick, to authorize the purchase of the Alden Gerszewski property at 7885 Broad Avenue N.E. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 13 . RECEIVE PROPOSALS AND AWARD B ILDING CLEANING AND MAINTENANCE CONTRACT: MOTION by Councilwoman Jorgenson to receive the following proposals for the building cleaning nd maintenance contract. Company Total Proposal Town & Country $31, 200 (No meetings/security) Stop & Smell the Roses $36, 000 (With windows) Maintenan Experts $36, 084 Ives terprises $401320 FRIDLEY CITY COUNCIL MEETING OF APRIL 6 1992 PAGE 9 As there is the demand, there is the opportunity to lease to ten spaces. Four is the critical number now, and he did not envision that he will need ten spaces at any time. These spaces will be designated for employee parking only. Mr. Lupient is, out of town right now, and he will finalize the lease agreement when Mr. Lupient returns. i Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEETING OF MARCH 17 , 1992 • A. VARIANCE REQUEST, VAR #92-02 , BY WALTER KLUS, TO REDUCE THE HARD SURFACE SETBACK FROM 20 FEET TO 17 FEET AND 20 FEET TO 14 FEET, TO ALLOW THE CONSTRUCTION OF A GASOLINE PUMP ISLAND, GENERALLY LOCATED AT 7899 EAST RIVER ROAD N.E. Ms. Dacy stated that the variance re est is in two parts: (1) to acknowledge an existing encroachmen from the parking area on the north side of the property from 2 feet to 17 feet; and (2) to reduce the hard surface setback f�om 20 feet to 14 feet to allow a 6 foot encroachment for the expansion of the parking area on the northwest portion of the site. Ms. Dacy stated that because of the acquisition of at least four parking spaces, the petitioner withdrew a variance request for a hard surface setback from 2'0 feet to 6 feet on the southwest portion of the site. j Ms. Dacy stat/heApea s Commission recommended approval of the variance requc to three stipulations: 1. Thewas for the plan as amended March 17, 1992 . 2. SpePermit, SP #92-01, shall be approved. 3 . A ce executed lease agreement shall be submitted to .Ms. Dacy staCounty may take the first 10 feet of the property forsion of East River Road; however, those plans are not finalized for this particular area. MOTION by Councilman Fitzpatrick to grant Variance Request, VAR #92-0 to reduce the hard surface setback from 20 feet to 17 feet to orrect an existing encroachment and to reduce the hard surface setback from 20 feet to 14 feet, with the following stipula ions: (1) The variance was for the plan as amended March 17, 19 (2) Special Use Permit, SP #92-01, shall be approved; (3) A cop of the executed lease agreement shall be submitted to the City. Seconded by Councilman Schneider. IB SAV k7-07 WAM JC}iI IV ST I FIAT 10% 1 . A UTILITY EASEMENT TO BE RETAINED OVER THE ENTIRE PORTION OF VACATED ALLEY. 2. GARAGE CONSTRUCTION CONTINGENT UPON LETTERS FROM ALL UTILITY COMPANIES ALLOWING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED UTILITY EASEMENT. 3. GARAGE CONSTRUCTION CONTINGENT UPON PASSAGE OF A RESOLUTION BY COUNCIL AUTHORIZING A SPECIFIED DISTANCE OF ENCROACHMENT INTO RETAINED EASEMENT. 4. PETITIONER TO ESCROW FUNDS WITH PUBLIC WORKS DEPARTMENT SUFFICIENT TO COVER CURB WORK FOR PROPOSED CURB CUT ON 3RD STREET. 5. DumPSTER TO BE FILLY SCREENED. City of Fridley ORDINANCE N0.905 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION ot alley in Block 5,Hyde Park,lying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly.All lying East of and ad- joining Lots 22-30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue. All lying in the North Half of Sec- tion 12,T-30,R-24,City of Fridley, County of Anoka,Minnesota. Be and is hereby vacated subject to stipulations adopted at City Council meeting of May 16,1968. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF MAY,1988. WILLIAM J.NEE MAYOR ATTEST: SHIRLEY A.HAAPALA CITY CLERK Public Hearing:August 24,1987 First Reading:May 2,1988 Second Reading:May 16,1988 Publish:May 25,1988 (Published in Fridley Focus May 25,1988) ORDINANCE NO. 905 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the 12 foot alley in Block 5, Hyde Park, lying North of the South line of Lot 22 extended Easterly and South of the North line of Lot 30 extended Easterly. All lying East of and adjoining Lots 22 - 30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue. All lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated subject to stipulations adopted at the City Council meeting of May 16, 1988. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12 .07 of the City Charter and Appendix C of the City Code shall be so amended. Y PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF MAY, 1988 r f WILLIAM J. NEEOR ATTEST: �7 SHIRLEY A. ALA - CJ&Y CLERK Public Hearing: August 24, 1987 First Reading: May 2, 1988 Second Reading: May 16, 1988 Publication: May 25, 1988 I City of Fridley ORDINANCE NO.948 AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE, THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County,State of Minnesota,described asfollows: The east half of that part of the vacated alley which adjoins Lots 5 through 9, Block 5, Hyde Park, lying north of the south line of said Lot 9, extended westerly and south of the north line of said Lot 5, extended westerly according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County,Minnesota. All lying in Section 23,T-30,R-24,City of Fridley, County of Anoka,State of Minnesota. SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said prop- erty. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF JUNE,1990. WILLIAMJ.NEE-MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 14,1989 First Reading: May 21,1990 Second Reading: June 18,1990 Publication: June 27,1990 (Published Fridley Focus June 27,1990) • • 2A ORDINANCE NO. 948 AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The east half of that part of the vacated alley which adjoins Lots 5 through 9, Block 5, Hyde Park, lying north of the south line of said Lot 9, extended westerly and south of the north line of said Lot 5, extended westerly according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. All lying in Section 23 , T-30, R-24 , City of Fridley, County of Anoka, State of Minnesota. SECTION 2 . It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3 . The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF JUNE , 1990. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: August 14 , 1989 First Reading May 21, 1990 Second Reading: June 18 , 1990 Publication: June 27 , 1990 STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that I have compared the ORDINANCE attached hereto, adopted by the City Council of the City of Fridley at said meeting on JUNE 18, 1990 with the original record thereof on file in my office, and the same is a full, ture and complete transcript therefrom insofar as the same relates to: ORDINANCE NO. 948 AN ORDINANCE UNDER SECTION 12 .06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF MEMBERS PRESENT: ALL AYES, ALL; NAYS, NONE WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this 19th day of March, 1990. (SEAL) SHIRLEY A. HAAPALA CITY CLERK OF THE CITY OF FRIDLEY ORDINANCE NO. 948 AN ORDINANCE UNDER SECTION 12 .06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BESURPLUS AND AUTHORIZING THE SALE THEREOF SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The east half of that part of the vacated alley which adjoins Lots 5 through 9 , Block 5, Hyde Park, lying north of the south line of said Lot 9, extended westerly and south of the north line of said Lot 5, extended westerly according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. All lying in Section 23 , T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. SECTION 2 . It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. SECTION 3 . The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18TH DAY OF JUNE, 1990. WILLIAM J. NEEV- MAYOR 1. 1 1 ATTEST: 0 SHIRLEY AJ HAAPALA CITY CLERK Public Hearing: August 14 , 1989 i First Reading: May 21, 1990 Second Reading: June 18 , 1990 Publication: June 27 , 1990 r � RESOLUTION NO. 98 - 1991 RESOLUTION AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK WHEREAS, Wayne A. Johnson and Mary C. Johnson have petitioned to construct a garage on the property legally described as Lots 25 and 26, Block 5, Hyde Park; and WHEREAS, variance and vacation requests were filed; and WHEREAS, the City Council on May 16, 1988 approved a vacation request, SAV #87-07 , to vacate a 12 foot alley in Block 5, Hyde Park, lying north of the south line of Lot 22 , and Lot 9 to the south right-of-way line of 61st Avenue; and WHEREAS, the Appeals Commission approved a variance on May 10, 1988 to construct a 22 ' x 40 ' garage within one foot of the rear lot line and three feet of the side lot line now created by vacation of the 12 foot alley; and WHEREAS , vacation request, SAV #87-07 , required a utility easement to be retained over the entire portion of the vacated alley; and WHEREAS, the vacation request, SAV #87-07 , required the garage location contingent upon passage of a resolution by the City Council authorizing a specified distance of encroachment into the retained easement; and WHEREAS, the petitioner has completed the necessary memorialization process to add the . 12 foot alley to the certificate of title for the property; and WHEREAS, there are no City-maintained utilities located immediately underground or underneath said utility easement; and WHEREAS, there are overhead NSP wires; and WHEREAS, the City is willing to allow Wayne A. Johnson and Mary C. Johnson to construct the garage and to encroach upon the City ' s easement upon the following terms and conditions. NOW, THEREFORE, BE IT RESOLVED and agreed by the City of Fridley and Wayne A. Johnson and Mary C. Johnson as follows: 1. The City grants to the Johnson' s the right to construct the detached garage over the utility easement as depicted in the site plan shown in Exhibit A which is attached hereto as though incorporated in full . 10D Resolution No. 98 - 1991 Page 2 2 . In the event of an emergency, the City may without notice remove, alter, or dismantle said garage on its own accord. The City shall have no liability to Wayne A. Johnson and Mary C. Johnson for any injuries or damages which they may sustain as a result of the removal of the garage. 3 . Wayne A. Johnson and Mary C. Johnson agree to indemnify and hold the City harmless from any liability, damages, or threatened litigation which the City may incur arising out of the usage of the garage. 4 . Wayne A. Johnson and Mary C. Johnson further agree that if the garage becomes damaged or is removed due to the utilization by the City of its rights in the easement, the City shall have no liability or obligation to repair or restore said garage. 5. This resolution shall be binding upon Wayne A. Johnson and Mary C. Johnson and their heirs and successors in interest. 6. At the time that the garage is removed, the rights under this .resolution shall automatically terminate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY OF DECEMBER 1991. WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK 10E J 1 RESOLUTION NO. RESOLUTION AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARR WHEREAS, Wayne A. Johnson and Mary C. Johnson have petitioned to construct a garage on the property legally described as: .............................. Lots 25 and 26, Block 5, Hyde Park, zd .. H: e art:::>o: >.... ;<:: a ated>:>:a .;:.;:.;:.;:.;:.;:.;:.;.;:.;.::::;:;:;.;:.;:.;:.;:.;:.;:<.;;.;:.;:.;:.;:.:<.:<.;;;:.;;.;:.;:.;.;:;.;:;.:..:;.;:......:.::::.::.:::.:::.::. .;:.;:.; o:f::::>::tc::<:> ent :l: r�e:::::<thercf ;nc >::>be ra±��x�:::t. .: :::::::::::::......:::::: :::> out kiel:_o :.. .............. pub:..+�c .::: .:::. .:::± n nt:::: ............... t.a, ..::::: . a ::.;:: .:.;:.::::::::::::::::.::::::.::::::::::::::::::::::::::::::::::: .::::::::::::::.::.::.:....................... .:.::::::::::::............::::::......:::::::::.::::::.:: ?!.: : :::::: ............. :Ie;::>::> rs ::<::;th ::::::>why: :::::>tsrec : ::*:::::><:and WHEREAS, variance and vacation requests were filed; and WHEREAS, the City Council on May 16, 1988 approved a vacation request, SAV #87-07, to vacate a 12-foot alley in Block 5, Hyde Park, lying north of the south line of Lot 22 , and Lot 9 to the south right-of-way line of 61st Avenue; and WHEREAS, the Appeals Commission approved a variance on May 10, 1988 to construct a 22 ' x 40' garage within one foot of the rear lot line and three feet of the side lot line now created by vacation of the 12-foot alley; and WHEREAS, vacation request, SAV #87-07 , required a utility easement to be retained over the entire portion of the vacated alley; and WHEREAS, the vacation request, SAV #87-07 , required the garage location contingent upon passage of a resolution by the City Council authorizing a specified distance of encroachment into the retained easement; and WHEREAS, the petitioner has completed the necessary memorialization process to add the 12-foot alley to the certificate of title for the property; and WHEREAS, there are no City-maintained utilities located immediately underground or underneath said utility easement; and WHEREAS, there are overhead NSP wires; and WHEREAS, the City is willing to allow Wayne A. Johnson and Mary C. Johnson to construct the garage and to encroach upon the City's easement upon the following terms and conditions. NOW, THEREFORE, be it resolved and agreed by the City of Fridley and Wayne A. Johnson and Mary C. Johnson as follows: 1. The City grants to the Johnsons the right to construct the detached garage over the utility easement as depicted in the site plan shown in Exhibit A, which is attached hereto as though incorporated in full. 2 . In the event of an emergency, the City may without notice remove, alter, or dismantle said garage on its own accord. The City shall have no liability to Wayne A. Johnson and Mary C. Johnson for any injuries or damages which they may sustain as a result of the removal of the garage. 3 . Wayne A. Johnson and Mary C. Johnson agree to indemnify and hold the City harmless from any liability, damages, or threatened litigation which the City may incur arising out of the usage of the garage. 4 . Wayne A. Johnson and Mary C. Johnson further agree that if the garage becomes damaged or is removed due to the utilization by the City of its rights in the easement, the City shall have no liability or obligation to repair or restore said garage. 5. This resolution shall be binding upon Wayne A. Johnson and Mary C. Johnson and their heirs and successors in interest. 6 . At the time that the garage is removed, the rights under this resolution shall automatically terminate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF 1992 . William J. Nee, Mayor ATTEST: Shirley A. Haapala City Clerk CITY C[)UNCIT, ACTION TAKEN NOTICE Wayne Johnson September 16, 1987 11610 - 53rd Avenue North Minneapolis, NST 55442 /(L 0 On September 14, 1987 the Fridley City Council officially` approved your request for a Vacation, SAV #87-07, to vacate the westerly half of the 12 foot alley in Block 5, Hyde Park lying north of the south line of Lot 22 extended easterly and south of the north line of Lot 30 extended easterly. All lying east of and adjoining Lots 22-30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue with the following stipulations: 1. A utility easement to be retained over the entire portion of vacated alley. 2. Garage construction contingent upon letters from all utility companies allowing a specified distance of encroachment into retained utility easement. 3. Garage construction contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement. 4. Petitioner to escrow funds with Public Works Department sufficient to cover curb work for proposed curb cut on 3rd Street. 5. Dumpster to be fully screened. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by September 30, 1987. Concur with action taken 0 1O CITYOF FRIDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 .TTY =CTL ACTION TAKEN NOTICE Wayne Johnson May 23, 1988 11610 - 53rd Avenue North Minneapolis, MN 55442 On May 16, 1988 the Fridley City Council officially approved your request for Vacation, SAV #87-07, to vacate the westerly half of the alley in Block 5, Hyde Park, lying North of the South line of Lot 22, extended Easterly and South of the North line of Lot 30, extended Easterly, all lying East of and adjoining Lots 22 - 39, Block 5, Hyde Park, generally located between 61st Avenue, 60th Avenue and between 3rd Street and University Avenue with the following stipulation: 1. A utility easement to be retained over the entire portion of the vacated alley. 2. Petitioner to install a hardsurface drive to 3rd Street in conjunction with construction of the garage. 3. Garage location contingent upon passage of a resolution by Council authorizing a specified distance of encroachment into retained easement and the City's conveyance of east half of alley to owners west of alley. 4. Petitioner to escrow funds with Public Works Department sufficient to cover curb work for cut on 3rd Street. 5. Dumpster to be fully screened. 6. Landscaping to be installed on the east side of the garage once completed to screen from University Avenue. 7. Proper power line clearance must be maintained upon garage construction, 8 feet for over a flat roof, 4 feet over a flat roof, 4 feet over a slanted roof as per NSP requirements. 8. Petitioner to post a bond or letter of credit to cover driveway improvement. An escrow for a City contractor installed driveway may be acceptable. If you have any further questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, IWY�Q.CL J es L. Robinson lanning Coordinator Please review the noted stipulation, sign the statement below and return one copy to the City of Fridley Planning Department by June 6, 1988. Concur with action taken CITY ODUNCIL ACTIDN TAKEN NDTICE Wayne Johnson August. 1, 1988 11610 - 53rd Avenue North Minneapolis, MN 55442 On July 25, 1988 the FridlEy City Council ofticialiy approved your request for amending the title in the May 2 and May 16, 1988 City Council minutes to read, Vacation, SAV #87-07, to vacate the 12 foot alley in Block 5, Hyde Park, lying north of the south line of Lot 22, extended easterly and south of the north line of Lot 30 extended easterly. All lying east of and adjoining Lots 22-30, Block 5, Hyde Park, generally located between 61st Avenue and 60th Avenue and between 3rd Street and University Avenue with the following stipulations: 1. None. If you have any further questions regarding the above action, please call the Community Development Department at 571-3450. Sincerely, John L. Robertson Community Development Director JL R/dn Please review the noted stipulations, sign the statement below and return one copy to the Community Development Department ly August 15, 1988. Concur with action taken STATE OF MINNESOTA ) COUNTY OF ANOKA ) ss CITY OF FRIDLEY ) I, the undersigned, being the duly qualified City Clerk of the City of Fridley, Minnesota, do hereby certify that I have carefully compared the RESOLUTION attached hereto, adopted by the City Council of the City of Fridley at said meeting on APRIL 6, 1992, with the original record thereof on file in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to: RESOLUTION NO. 33 - 1992 RESOLUTION AUTHORIZING CONSTRUCITON OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK WITNESS MY HAND as City Clerk of the City of Fridley and the seal of the City, this 13TH day of APRIL, 1992. (SEAL) SH RLEY� HAAPALA CITY CLERK OF THE CITY OF FRIDLEY RESOLUTION NO. 33 - 1992 RESOLUTION AUTHORIZING CONSTRUCTION OF A GARAGE WITHIN A UTILITY EASEMENT OVER THE VACATED ALLEY EAST OF LOTS 25 AND 26, BLOCK 5, HYDE PARK WHEREAS, the City of Fridley adopted Resolution No. 98-1991 on December 9, 1991; and WHEREAS, said Resolution contained an erroneous legal description; and WHEREAS, Wayne A. Johnson and Mary C. Johnson have petitioned to construct a garage on the property legally described as: Lots 25 and 26, Block 5, Hyde Park, and that part of the vacated alley in Block 5, "Hyde Park" lying east of the centerline thereof and between the westerly extension across it of the north line of Lot 1 and of the south line of Lot 6, said Block 5, subject to an easement for utility purposes in favor of the City of Fridley over the whole thereof; and WHEREAS, variance and vacation requests were filed; and WHEREAS, the City Council on May 16, 1988 approved a vacation request, SAV #87-07, to vacate a 12 foot alley in Block 5, Hyde Park, lying north of the south line of Lot 22, and Lot 9 to the south right-of-way line of 61st Avenue; and WHEREAS, the Appeals Commission approved a variance on May 10, 1988 .to construct a 22 ' x 40' garage within one foot of the rear lot line and three feet of the side lot line now created by vacation of the 12 foot alley; and WHEREAS, vacation request, SAV #87-07, required a utility easement to be retained over the entire portion of the vacated alley; and WHEREAS, the vacation request, SAV #87-07, required the garage location contingent upon passage of a resolution by the City Council authorizing a specified distance of encroachment into the retained easement; and WHEREAS, the petitioner has completed the necessary memorialization process to add the 12 foot alley to the certificate of title for the property; and WHEREAS, there are no City-maintained utilities located immediately underground or underneath said utility easement; and 6 0 'qNq Page 2 -- Resolution No. 33 - 1992 WHEREAS, there are overhead NSP wires; and WHEREAS, the City is willing to allow Wayne A. Johnson and Mary C. Johnson to construct the garage and to encroach upon the City's easement upon the following terms and conditions. NOW, THEREFORE, BE IT RESOLVED and agreed by the City of Fridley and Wayne A. Johnson and Mary C. Johnson as follows: 1. The City grants to the Johnsons the right to construct the detached garage over the utility easement as depicted in the site plan shown in Exhibit A, which is attached hereto as though incorporated in full. 2 . In the event of an emergency, the City may without notice remove, alter, or dismantle said garage on its own accord. The City shall have no liability to Wayne A. Johnson and Mary C. Johnson for any injuries or damages which they may sustain as a result of the removal of the garage. 3 . Wayne A. Johnson and Mary C. Johnson agree to indemnify and hold the City harmless from any liability, damages, or threatened litigation which the City may incur arising out of the usage of the garage. 4. Wayne A. Johnson and Mary C. Johnson further agree that if the garage becomes damaged or is removed due to the utilization by the City of its rights in the easement, the City shall have no liability or obligation to repair or restore said garage. 5. This resolution shall be binding upon Wayne A. Johnson and Mary C. Johnson and their heirs and successors in interest. 6. At the time that the garage is removed, the rights under this resolution shall automatically terminate. 7. Resolution No. 98-1991 is hereby rescinded. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF APRIL, 1992 . WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK