SAV84-01 t
_ CITY o� F�i1CLEY� SUBJECT ZONING ACTION ZOA #_77 '
6431 UNIVERSITY AVE. NE. VACATION SAV #
FRIDLEY. MN. 6543E (6123.571-3450 PLAT PS # R
ORDINANCE NO PUBLISHED
ADDRESS DATE
PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO.
CITY COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ
CITY COUNCIL: APPROVED DISAPPROVED DATE NO
PARK FEE REQUIRED: AMOUNT PAID
STIPULATIONS:
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NAME Curtis A. Larson FEE ' RECEIPT RECEIPT NO / 9'-1-5—
STREET LOCATION OF PROPERTY 6694 Fridley Street Northeast aA,"
LEGAL DESCRIPTION OF PROPERTY Lot 1, Block 2, Oak Grove Addition T
PRESENT ZONING CLASSIFJ XqQN R-1 EXISTING USE OF PRQPERTY Vacant
ACREAGE OF PROPERTY 4800 S.F. DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION
OR TYPE OF USE AND IMPROVEMENT PROPOSED Detached Single Family Residence
Has the present applicant previously sought to rezone, plat, obtain a lot split or
variance or special use permit on the subject site or part of it? yes X no.
What was requested and when? Lot owner requested variances
May 6, 1974 � �2j ' o
The undersigned understands that: (a) A list of all residents and owners of proper-
ty within 350 feet must be attached to this application (rezoning) , 300 feet, (plat-
ting) , must be attached to"this applltation. ' (b) This application must be signed
by all owners of the property, or an explanation given why this is not the case.
(c) Responsibility for any defect in the proceedings resulting from the failure to
list the names and addresss of all residents and property owenrs of propprty in
question, belongs to the undersigned.
(b) Option to purchase by applicant.
A sketch of proposed property and structure must be drawn and attached, showing the
following: 1. North direction. 2. Location of the proposed structure on the lot.
3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street
names. 5. Location and use of adjacent existing buildings (within 350 feet) .
The undersigned hereby declares that all the facts and respresentations stated in
this application are true and correct.
DATE February 17, 1984 SIGNATURE
6730 Madison Street Northeast
ADDRESS Fridley, Minnesota 55432 TELEPHONE NO 571-8253
571-3857
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February 17, 1984
City of Fridley
6431 University Avenue Northeast
Fridley, Minnesota 55432
RE: Vacation of 67th Avenue N.E.
on north line of Lot 1, Block 2,
Oak Grove Addition,
6694 Fridley Street Northeast
Fridley, Minnesota 55432
'Ib Whom It May Cbncern:
Attached is the application, copies of certificate of survey, plat plan,
pictures of adjacent area.
I respectfully request the vacation to build a residence for our
personal occupation.
Sincerely yours,
Curtis A. Larson
6730 Madison Street Northeast
Fridley, Minnesota 55432
571-8253 or 571-3857
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6694 Fridley Street Northeast
Fridley, Minnesota 55432
LOOKING NORTH
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6694 Fridley Street Northeast
Fridley, Minnesota 55432
LOOKING NORffFVEST
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6694 Fridley Street Northeast
Fridley, Minnesota 55432
LDT LOOKING WEST
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6694 Fridley Street Northeast
Fridley, Minnesota 55432
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ofthe County of............ .. ..................................................................and State of.............................................................................................
part........... of the first part, and.........City-of...Fri4ley..........................................................................................................................
............... ........ ..................................................................................................................................................................................I...............I....................
a0npoMa'Roan'under the laws of the State of...........Minne.sota.......................................... party Of the second part,
Witneoetb, That the said part............ of the first part, in consideration of t he
sum of
...One....(I.I....0.0)....dollax...an.d....o1her...val.uab.le.... ..........DOLLXRS'
to........................................................in hand paid by the said party of the second part, the receipt whereof is
hereby acknowledged, do_.......... hereby Grant, Bargain, Quitclaim, and Convey unto the said party of
the second part, its successors and assigns, Forever, all the tract...... or parcel..... of land lying and being
in the County of................... .................................and State, of Minnesota, described as folloivs, to-wit:
Drainage and Utility Easements over, under, across and through Lot 1 , Block 2,
Oak Grove Addition, described as follows:
The Easterly 5 feet of said Lot 1
and:
The West 4 feet of said Lot 1
and:
The South 10 feet of said Lot 1
The City of Fridley hereby accepts these easements
for drainage and utility purposes.
Sidney C. Inman - City Clerk
NO STATE DEED TAX REQUIRED
X.o joabc anb to fbolb the *a111C, Tofether with, Bahl the hCrCdita7nrnts and appurtenances there-
unto belonging or in a7,zyzvise appertain;P�', to thr, sri(i party of the SCC072d part, its successors and assifns.
Forever.
3n Tegfimonp Wbercof, The said part of the first part ha hereunto Set
hand the day and year 177-St abOVC V'rittCU-
..........
...... ....... ...... ......
................. ............ .... ........
.............. ......
Quit CW.Deed. Form No.28-M, Mill—M,i, Co.,Mi..tip,
Individ-1 to C—Poratitnt. Minnesota Unilorin Co—yincing Blinks_lltc �d 19 2
Tbig31nbtntUrt. tirade this_......................... day of ....... .. .... ..... ........................... 19.............
between.......... .............................. ...... . .......... ........................... ....... .. ................... .......... .. ......
ofthe County of.................................. ......................................and State of.............................................................................................
part...........of the first part, and City.-of Fr*d1,-Y............................................................................................ ... .............
1..............................................................................I.....................................................................................................................
et/On1 1 1
pofiatUn under the laws of the State of..........Minne-sota....... ................................ party of the second part,
witneatib, That the said part............ of the first part, in consideration of the Sum of
e dol.l.J.&r an.d o.the.r v.al.uab.l.e c0ns.i.derat.i ..........DOLL.4RS,
to_................................. .....................in hand paid by the, said party of the second part, the receipt whereof is
hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, and Conve, unto the said party Of
the second part, its Successors and assigns, Forever,all the tract or parcel of land lying and being
in the. County of................... .......................................... ....and State of Minnesota, described as follows, to-wit:
Drainage and Utility Easements over, under, across and through Lot 1, Block 2,
Oak Grove Addition, described as follows:
The Easterly 5 feet of said Lot 1
and:
The West 4 feet of said Lot 1
and:
The South 10 feet of said Lot I
The City of Fridley hereby accepts these easements
for drainage and utility purposes.
Sidney C. Inman - City Clerk
NO STATE DEED TAX REQUIRED
To jbabe anb to 3bolb the NPallit, ToCcther with all the hcredita7aMtS and appurtenances there-
iinto belmVing or in anywise,appertaining', to the sail party of the second part,its Successors and assigns.
Forever.
3n Temaimonp Wberr0f, The said part o, the first part ha hereunto Set,
hand the day and year first abore written.
...... ....
*tate of Annezota, x,
County of _..........................................................................
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The foregoing inxtru)nent(rax arknou•Ird.ded before me
this...........__...day of. . .. _................ __ ..........,19...
by- _._........_..........._......................... ........._......................____......
(NAME OF PERSON ACKNOWLEDGED)
................................ ..............................................................................
(SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT)
.... ....... ......... ...............................................................................
THIS INSTRUMENT WAS DRAFTED BY (TITLE OR RANK)
(Name)
(Address)
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ijt �rt:zrc. .hradee this................c'5.;......................ddy of................. ................... �a...
between..........................................................................................................-.............................................................................................................................
ofth,e Count o ........................ �......... ... ...and State of..............A,0...... l%1 ........... ...................................., I
part..s.. of the first part, and.........0;.ty...p#....F-r-Wley.......................................................
....................................................................
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a/��po7�at n under the laws of the State of...........Min-ne.s.ata............................................ pa J o f the second pa
Elitne0m;t1b, That the said part............ of the first part, in consideration of the sum of
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...Q.n.o....(.a.t....Q.0.)....da.l.lar-...ao.d...a.t.he.r....Y.al.uabl.e....co.n.s�.dera.t.�.ons.-...............-.-.-.-.-.-.-.-.---.--..........DOLL.4Rs,
to.,,,,,..,_.,..,...... f .................in hand paid by the said party of the second 'part, the receipt whereof is
hereby acknowledged, do.------- hereby Grant, Bargain, Quitclaim, and Conve unto the said party of
the second part, its successors and assigns, Forever, all the tract.... or parcel..... of land lying and being
in y of .................................
the Count .........•..........and State of.Minnesota, described as follows, to-mit:
.
Drainage and Utility Easements over, under, across and through Lot 1 , Block 2,
Oak Grove Addition, described as follows:
The Easterly 5 feet of said Lot 1
and:
The West 4 feet of said Lot 1
and:
The South 10 feet of said Lot 1
The City of Fridley hereby accepts these easements
for drainage and utility purposes.
Sidney Inman City Clerk
NO STATE DEED TAX REQUIRED
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To babe anD to J0o1D the *d111e, To_%ether with, ail the heredillaM-nts and appurtenances there-
unto belonging or in anj/zcisC. appertaini77ff, to the sahl party of the second part, its successors and assic%ns.
Forever.
3n Tegtimonp Mbereof, The said part,-'ffof the first part ha he.7reunto set
hands the day and 7tC07- f17'.4t ab07'e 77•rittc71.
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..................................................................._ ............. ..............
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Ulanmta Form No.2L
Doo. No. ........................................
QUIT CLAIM DEED
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Individual to Corporation (A cC
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� Curtis A. Larson and Dona M. Larson,
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Husband and Wife _ _ . ..._ _
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Office of County Recorder D z 11 71, 1
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I hereby certify that the within Deed I
it-as filed in this office for record on the
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la at.. . . ....-o'clock............... .......1K.,
and was duly recorded in Book.................. . v �~
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of Deeds, pale......_ ..... _. .. .... or vo
❑ .l'eroxed ❑ Xierofilined
and it-as duly recorded as instrument ` ,
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C'outtty Recorder. .,
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.to Delinquent Taxes and Transfer
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entered this........._ ml-
..........day aj.................... .... �: ^cp'
1!1........................ A: ,�
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County Auditor.
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Tax v to t Ni t cre t s for the real property
dt,w-rihcd in this iustruincnt should he I �� M,=
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Address ; rn Cr
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® 'r yi SAV #84-01 , Curtis Larson 22 2 D
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LOCATION
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We OPPOSE the vacation request, SAV $L-01, by Curtis A. Larson,
to vacate 67th Avenue Northeast, adjacent to Lot 11 Block 2,
Oak Grove Addition, to make a new building site at 6694 Fridley
Street N.E., located in the North Half of Section 13, T-30,
R-24, City of Fridley, County of Anoka, MN.
We Trish this street(67th Av. )L:) to remain a thoroughfare for
everyone to use.
r- 66A5 Fridley St. N `
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6675 Fridley St. M&
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6655 Fridley St. N
Ld t'� _ 6601 Fridley St. NE
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14
' February 17, 1984
City of Fridley
6431 University Avenue Northeast
Fridley, Minnesota 55432
RE: Vacation of 67th Avenue N.E:
on north line of Lot 1, Block 2,
Oak Grove Addition,
6694 Fridley Street Northeast
Fridley, Minnesota 55432
1b Whom It May Cbncern:
Attached is the application, copies of certificate of survey, plat plan,
pictures of adjacent area.
I respectfully request the vacation to build a residence for our
personal occupation.
Sincerely yours,
Curtis A. Larson
6730 Madison Street Northeast
Fridley, Minnesota 55432
571-8253 or 571-3857
II
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432
TELEPHONE ( 612)571 -3450
February 17, 1984
TO ALL UTILITY COMPANIES:
The City of Fridley has had a request to vacate 67th Avenue adjacent
to Lot 1 , Block 2, Oak Grove Addition. This will be heard before the
Planning Commission on February 29th and go on to the City Council for
Public Hearing (date not set) and eventually an ordinance will be
passed. We would like to know if your utility company has any
equipment or easement on this undeveloped Avenue. We are enclosing
a map showing the exact location of the vacation request. If your
company has any information that the City should have before they
consider this vacation we would appreciate hearing from you before
that time.
Thank you.
Planning Department
City of Fridley
23
f SAV #84-01 , Curtis Larson
Northern States Power Company
North Division
4501 68th Avenue North
Brooklyn Center,Minnesota 55429
Telephone(612)566-9120
Thursday, February 23, 1984
Curtis A. Larson
6730 Madison Street N. E.
Fridley, Minnesota
55432
Re: STREET VACATION ADJACENT TO LOT 1, BLOCK 2,
OAK GROVE ADDITION
Dear Mr. Larson,
With regard to the request for the street vacation adjacent
to Lot 1, Block 2, Oak Grove Addition, Fridley, Minnesota,
Northern States Power Company has an overhead line running
from the rear property line across lot #1 to a street light
at the north side of the cul-de-sac on Fridley Street.
Normally we would ask that a 5 foot utility easement be
retained along the street right-of-way being vacated and
move our poles and overhead line to that easement. Be-
cause of the terrain along the 67th Avenue right-of-way,
we are asking that a 5 foot utility easement be maintained
along the south property line of Lot #1, Block 2. We will
then move our line to that easement. If you have any
questions regaring this proposal, feel free to contact me
on 566-9120.
Since _eY-'t4��
Lar Benson
Staff Assistant
North Division
LMB/k f r
c City of Fridley, Planning Dept. Gilbert A. Menkveld
6431 University Avenue N. E. 737 East Main Street
Fridley, Minnesota Anoka, Minnesota
55432 55303
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CITY OF FRIDLEY
PETITION COVER SHEET
Petition No. 3-84
Date Received April 2, 1984
Object Oppose the vacation request, SAV 84-01, by Curtis A. Larson to
vacate 67th Avenue Northeast, adjacent to Lot 1 , Block 2, Oak Grove
Addition, to make a new building site at 6694 Fridley Street N.E.
Petition Checked By Date
Percent Signing
Referred to City Council
Disposition
We OPPOSE; the vacation request, SAV 8h-01, by Curtis A. Larson,
to vacate 67th Avenue Northeast, adjacent to Lot 1, Block 2,
Oak Grove Addition, to make a new building site at 6694 Fridley
Street N.E., located in the North Half of Section 139 T-30,
R-24City of Fridley, County of Anoka, MN.
We wish this street(67th Av. KZ;) to remain a thoroughfare for i
everyone to use.
6685 Fridley Sl. NL
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6675 Fridley St. NE
6655 Fridley St. Ni.
' J 6601 ;?ridl.ey St. NE
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.15 CITY OF FRIDLEY, COMMISSION APPLICATION
MINNESOTA REVIEW
Deporlment/Division Number„ Re-v---] aqe Approved by
FILE NOi AOOREES FIL E
COMPLETE REVIEW CHECKLIST 51,/ v�''`�`' f7
RETURN TO PLANNING 6 OU ATE
COMMENTS
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SAV #84-01 Curtis Larson 17 2 F
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PROPOSED CONSTRUCTION OF A SINGLE FAMILY
DWEDWELLING
BYAG. CRAIG WILLMINNESOTA
LOT 1, BLOCK 2, OAK GROVE ADDITION TO
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PLANNING COMMISSION MEETING, FEBRUARY 29, 1984 PAGE 9
Ms. Schnabel stated it seemed to be the concensus of the Planning Commission
and the neighborhood that the park be on a street or have some good
public access. The City's plan did not meet those needs and would not be
acceptable.
Mr. Flora stated Staff has looked at a number of alternatives, but they
are willing to work more with Mr. Brickner on other alternatives and bring
something back to the next Planning Commission meeting. Their primary
concern is that they come up with a plan that will allow for the ultimate
development of all the properties. As Mr. Schneider had said, their goal
is to provide a park now and not for a park that will develop in stages.
Mr. Goodspeed stated there needed to be at least 2.5 acres for a park, and
they needed that acreage now. He did not see where it was more fair to
take park land from two developers or all of it from one developer. It was
not fair either way. They just should -do whatever needs to be done to get
a decent park.
MOTION BY MR. SABA, SECONDED BY MS. GABEL, TO TABLE THE PUBLIC HF.'ARIP7G OPT
CONSIDERATION OF PRELIMINARY PLAT, P.S. #84-01, CREEKRIDGE, BY THOMAS BRICKNER,
UNTIL THE MARCH 14, 1984, PLANNING COMMISSION MEETING, AT WHICH TIME T11F
COMMISSION WOULD LIKE TO SEE SOME OTHER VIABLE SOLUTIONS FOR THE LOCATION
OF THE CITY PARK.
UPON A VOICE VOTE, ALL VOTING AYE, CRAIRI70MAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
2. VACATION REQUEST, SAV #84-01 , BY CURTIS LARSON: Vacate 67th Avenue N.E.
adjacent to Lot 1 , Block 2, Oak Ridge Addition, to make a new building site
at 6994 Fridley Street N.E.
Mr. Flora stated this was a vacation request by Mr. Larson in order to
provide about a 9,000 sq. ft. parcel of property. He stated there are
currently two cul-de-sacs in the area--one on Anoka Street and one on
Fridley Street. This property would abut the existing cul-de-sac on
Fridley St. and the vacation of the 30 ft. platted 67th Ave.
Mr. Flora stated Staff did notify all the utilities to see if there were
any problems with the vacation of the street, and they received two
responses. NSP has an overhead line running from the rear of the property
line across Lot 1 to a street light at the north side of the cul-de-sac on
Fridley St. NSP is asking for a 5 ft. utility easement along the south and
easterly property lines of Lot 1 , Block 2, NSP will then mpve their line
to that easement.
Mr. Flora stated that on Anoka St. and Fridley St. , the City has two water
lines which essentially deadend at the cul-de-sacs. If the vacation is
approved, Staff would like to maintain a 10 ft. easement along the southerly
and westerly boundaries so the City has the option of putting in a water line
from Fridley St. over to Anoka St. to provide a future loop to that system.
PLANNING COMMISSION MEETING, FEBRUARY 29, 1984 PAGE 10
Mr. Flora stated that in reviewing Mr. Larson's proposal as submitted,
the 35 ft. setback off the cul-de-sac would require either the building
to be moved back or some variance for the corner of the garage.
Mr. Larson stated he is in the process of purchasing this property with
the option that he will be able to build on the property. He stated it
would be satisfactory with him to move the house back, but they are already
only 23 ft. from the back lot line. The distance from the vacated alley
to the house is 23 ft.
Mr. Flora stated 28 ft. is required for a rear yard setback, so Mr. Larson
would require a variance for the rear yard setback.
MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF VACATION REQUEST, SAV #84-01, BY CURTIS LARSON, TO VACATE
67TH AVE. N.E. , ADJACENT TO LOT 1, BLOCK 2, OAK RIDGE ADDITION, TO MAKE A
NEW BUILDING SITE AT;6.994)'RIDLEY ST. N.E. , WITH THE FOLLON STIPUT-ATIONS:
LIEN DF &T I LIT YBLOCK 2NT BE RETAINED ALONG THE T '' EAST PROPERTY
ALONG TH
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7 l WESTERLY B_O_UN_DARIES_._,
3. SUBJECT TO�THE RECEIPT OF THE SURVEY, AND THAT THE VACATED PORTION
OF 67TH BE COMBINED WITH LOT 1, BLOCK 2, OAK RIDGE ADDITION AND
RECORDED WITH THE COUNTY BY THE LANDOWNER.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Schnabel stated the City Council would set the public hearing on the
vacation request at their March 12th meeting.
3. RECEIVE JANUARY 24, 1984, ENERGY COMMISSION MINUTES:
MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECEIVE THE JAN. 24, 1984,
ENERGY COMMISSION MINUTES.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. RECEIVE FEBRUARY 2, 1984, HUMAN RESOURCES COMMISSION MINUTES:
MOTION BY MR. GOODSPEED, SECONDED BY MR. OQUIST, TO RECEIVE THE FEB. 2, 1984,
HUMAN RESOURCES COMMISSION MINUTES.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
2B
PLANNI14G COMMISSION MEETING, FEBRUARY 29, 1984 PAGE 10
Mr. Flora stated that in reviewing Mr. Larson's proposal as submitted,
the 35 ft. setback off the cul-de-sac would require either the building
to be moved back or some variance for the corner of the garage.
Mr. Larson stated he is in the process of purchasing this property with
the option that he will be able to build on the property. He stated it
would be satisfactory with him to move the house back, but they are already
only 23 ft. from the back lot line. The distance from the vacated alley
to the house is 23 ft.
Mr. Flora stated 28 ft. is required for a rear yard setback, so Mr. Larson
would require a variance for the rear yard setback.
MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF VACATION REQUEST, SAV #t84-01, BY CURTIS LARSON, TO VACATE
67TH AVE. N.E. , ADJACENT TO LOT 1, BLOCK 2, OAK RIDGE ADDITION, TO MAKE A
NEW BUILDING SITE AT 6994TO)rRIDLEY ST. N.E. , WITH THE FOLLOWING STIPUT•ATIONS:
1. -A 5 FT.—UTILITY .EASEMENT BE RETAINED ALONG THE FbUTH,Q EAST PROPERTY
LN,F.OF LOT 1, BLOCK 2.
L
2. _A_1 ALONG THE SOUTHERLY 8r�n_
WESTERLY BOUNDARIES._
3. SUBJECT TO+THE RECEIPT OF THE SURVEY, AND THAT THE VACATED PORTION
OF 67TH BE COMBINED WITH LOT 1, BLOCK 2, OAK RIDGE ADDITION AND
RECORDED WITH THE COUNTY BY THE LANDOWNER.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
Ms. Schnahel stated the City Council would set the public hearing on the
vacation request at their March 12th meeting.
3. RECEIVE JANUARY 24 1984 ENERGY COMMISSIOINUTES:
MOTION BY MR. SABA, SECONDED BY KONDRICY., TO RECEIVE THE JAN. 24, 1984,
ENERGY COMMISSION MINUTES.
UPON A VOICE VOTE, ALL V ING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
4. RECEIVE FEBRUARY 2,e 1984, HUMAN RESOURCES COMMISSION MINUTES:
MOTION BY MR. G60DSPEED, SECONDED BY MR. OQUIST, TO RECEIVE THE FEB. 2, 1984,
HUMAN RESOURC S COMMISSION MINUTES.
UPON A VOI VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION
CARRIED UWANIMOUSLY.
(official Publication)
EAvtINPUgELIC 14 FORE THE(}
CITY COUNV ILthatthere
of be city
WNoill beea'pu lice the
City Freby 91. iidleYA in
Council of the Umver ril2,1984 in
Northeast ol a n Monday,pP.30 P.M
the Council Chamber at 7.
the PurPp$e°f of a Vacation
Consideration by Curtis venue
ReQuest, vacate 67thLot 1
Larson,
to ad scent to
Addition,to
Nort heast,ait rove site at 6994
Block 2, building located in
make a Street N E.'• T-30,
Fridl octh Half of Sect'ocounty,of
the N Ciy,of Fridley•
t
R 24 Minnesota. desiring to be
Anoka, ersons ortunity at
based hall begivenanoPP lace.
the above stated time and P J.NEo
WILLIAM May
(March 14&21,1984)-FRID
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, April 2, 1984 in the Council Chamber at
7:30 P.M. for the purpose of:
Consideration of a Vacation Request, SAV
84-01 , by Curtis A. Larson, to vacate 67th
Avenue Northeast, adjacent to Lot 1 , Block
2, Oak Grove Addition, to made a new
building site at 6994 Fridley Street
N. E. , located in the North Half of Section
13, T-30, R-24, City of Fridley, County
of Anoka, Minnesota.
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 : March 14, 1984
March 21 , 1984
REGULAR COUNCIL MEETING OF JUNK 18, 1973 PAGE 7
Moor Liebl directed Mr. Ranstrom to have the documents for points 1 , 2 , and 3
ready"fn^r-ZL(4,,s:econd reading, and to work with the City st.,f .f.
Councilman Nee que-stioned if two vote was sufficent to vacate a drainage
and utility easement. The City Attorney otliur occassions a four vote
is needed, but in this instance, he believed it sh.,uld*h%s`�+F`cstz jority vote.
CONSIDERATION OF APPROVAL 01' VACATION RE UEST S V ' 73-OS t;ILBERT MENKVELD, TO VACATE
PUBLIC EASEMENT ON 67th AVENL'h BET14EEN ANOKA STkEET AN J.1DLFY STREET TO ADD 30'
TO THE NORTH/SOUTH DIMENSION OF LOT 1 , BLtX,K 2, OAK GROVE ADDITION TO FRIDLEY PARK.
MAKING IT A BUILDABLE: SITE:
Mayor Liebl said at the May 9, 1973, meeting of the Planning Commission, they had
recommended approval of the request.
The City Engineer said ht would like to point out the area being discussed and
referred to the map in the agenda. He said there iS one 40 foot lot . Mayor Liebl
said according to tine building code, they could not build a house on this lot .
He said they would have to go through this vacation. The City Fr.gineer said he
cannot build. Mayor Liebl said so, in order to allow the construction. , the Council
would have to approve the vacation of the easement . The City Enginet•r said there is
a 75 foot frontage minimum requirement also, and this lot would only be 70 feet in
front. He said the applicant would need a variance to build on the lot with the vacated
easement.
Mayor Liebl called on Mr. Craig Willey, contract purchaser, and said he had promised
at the Public Hearing that he would make his house plans compatible to the area.
He asked Mr. Willey what he intended to do.
Mr. Willey addressed the Council and said he had planned a home which would blend
in with the general character of the neighborhood and the embankment . He said he
had intended to incorporate a mansord roof over the second story, allowing the
second story to look like the roof. He said the home would resemble a one story
home.
Councilman Breider said if the building plan is changed to be feasible with the
neighborhood, he would still not favor the proposal of vacating the easement. He said
the City would need the access on the high ground. Councilman Breider said he thought
the City should retain the right of way and roadway. Councilman Breider said he
doubted if anyone would want a trail through their front yard. He said the access
could not be restricted to the line. He said he could see nothing but problems,
and he added, he for one, had made up his mind and would like to retain the easement.
Councilman Nee said it was his view to retain the easement also.
Councilman Breider said he would not want the man to go through all of this work, so
he would like him to knew that he would not change his mind.
The City Attorney said he had found the ruling on the vacation and it would require
a four vote in favor of vacating the easement in order to vacate a street, alley
or highway. He said there is no mention of a utility easement, so he would not
shed any light on this. He said there is no question how many votes it would take
to vacate 67th Street. He said he had no information to this effect on .the previous
item. He said he had not found anything to the contrary, he assumed the motion could
be carried with the three to two, majority vote.
REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 8
Mayor Liebl said the Attorney could advise the Council at the time of the second
reading of the Ordinance. He added, he did not want to waste the applicants time.
Mr. Willey asked the Council if they would go ahead with the vote at the present
time.
Mayor Liebl said since they would requirtr a fou: vite to v,ic.)te the street he thought
they should vote at the present time.
MOTION by Councilman Starwalt to adopt the first reading of the ordinance, waive the
reading, and approvk- the vdcdtiun of the easement for 67th Street between Fridley
and Anoka Street-, N. E . , as requestr,i by MC . Menkveld on Lot 1 and 2, Oak Grove
Addition. Sccondvd by Councilman Breider . : eon a roll call vote , Breider voting
nay, Starwalt voting aye , I-i,.bl voting aye, letter voting aye, and Nee voting nay,
Mayor Liebl declared the motion failed 5ecause it lacked thv f:)ur votes in favor
as required by the Charter.
U%SIDERATION 0I A RFQUT.S f l() CONS FRUCI A HtOL BUS GARAGE (C LOT 1. AND THE NORTH
25'NOF LOT 2 BLOCK 6 RiCI' CREEK PLAZA Soil l'H AI)VITIO SIJBJF.t.r TO ALL EASEMENTS OF
RECOR , REQUEST B1' RODGER CItFISTENSON FRIDLEY Bl!S SERVICE INC. (TABLED JUNE 11,
1973) :
The City Enginger said this property is and has been zoned by the original zoning
map of the City"Vi Fridley. He said tht• property to the south is industrial and
the property to thc,'east is residential .
`,
Mayor Liebl asked theybi�ty Attorney if there was a legal standhuint or if there was
a time limit required fur'°.,the : uiidin?;. The City Attorney said the property is properly
zoned and if ail of the cod6•,,r�quirements are met, the City is under no obligation
to grant a building p, rmit . Ne. said by knew of no . xception to this. He said if
there is an exception he did .iu['�iCnow of it. He said if the matter would go to the
district court, the City would have - to i-,sur tle building permit.
Mayor Liebl said this is the decision that would be upheld? The City Attorney said
yes. Mayor Liebl said Mr . Christenson is"meeting all requirements of the building
code. He said all of the community is concerned, but the city could make some demands
to comply with their wishes and solve the problem.
Mayor Liebl said the City is concerned about the creek and would not want to see
oils and other pollutions washed into the Creek. He nfe4ltioned the traffic problems
of the area and said that they had received a report frothe City staff , which
could comply with the requests of the neighbors. Mayor Lebkl said there were many
residents from the area present at the meeting. a
The City Manager said his staff had met with Mr. Newquist , Attorne*y.,, for Mr. Christenson.
The City Manager read from the list of 13 stipulations prepared at ihe, meeting.
a,.
Mayor Liebl asked how many of the items are for screening on the north and,_east and
generally related to the environmental matters. He asked the City Manager if, he
would say that at least one half of the stipulations were? The City Manager agreed,
saying they plan for trees, drainage and refacing the building.
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PUBLIC HEARING MEET LNG OF JUNE 11, 1973 PAGE 7
or Liebl said he would like the City Manager to draw up an agreement with
res t to Mr, Rall om's requests . The City Manabur said he would do this.
Mayor Liebl 'd the hard Councilman was not present that evening, he was vacationing
in Montana. He d the Council would make a decision on the matter the following
week when the Counci of the Ward, Starwalt was present.
Councilman Breider directed t City Manager to have an agreement drawn up. The City
Attorney said the plans should no e submitted to the Ri.0 Creek tater Shed
District until after the Council take •tion.
The City Attorney directed the City Manager to d out when and where the Rice
Creek Water Shed District would be meeting.
The City Engineer said their review is only a formality an uld be necessary
for a large structure only. Otherwise, they would not be conte but they can
be given a chance to review the plans.
UBLIC HEARING ON VACATION RE UE ST SAeF73-05 LBERT MENKVELD TO VACATE PUBLIC
BASEMENT ON 67th AVENUE, BETWEEN ANO -S1REe ANIS FRIDLEY STREET TO ADD 30' TO
THE NORTH/SOUTH DIMENSION OF LOT 1, BLOCK 2, OAK GROVE ADDITION TO FRIDLEY PARK,
MAKING IT A BUILDABLE SITE:
MOTION by Councilman Breider to waive the reading of the Public Hearing Notice .
Seconded by Councilman Utter. Upon a voice vote, all voting aye , Mayor Liebl
declared the motion carried unanimously and the Public Hearing opened at 8:21 p.m.
Mr, Jim Nielson, addressed the Council and stated he was representing Mr. Gilbert
Menkveld.
Mr. Nielson said the addition was platted in 1880 and one of the oldest additions
in the City of Fridley. He said the street which the vacation request was submitted
for is 30 feet in width and had been vacated in the adjacent addition which is the
Rice. Creek School Addition. Mr. Nielson said Lot 1, Block 2, of tht.- Oak Grove
Addition is 40 feet in width and by vacating 67th Street , sir. Menkveld will be
able to create a 70 foot lot. He said 67th Street has never been opened. He said
the elevation of the proposed street is from 902 to 863 in elevation, which would
make it impossible to construct a, street except by the installation of a bridge.
Mr, Nielson said it would be to the benefit of the City to vacate the street
as the people may someday request this bridge and it would be a considerable
expense to the City.
Mr, Nielson said the property owner is willing to give the lower portion of the
land to the City for park purposes.
Mr, Nielson said Mr. Menkveld is selling the property to his partner for the purposes
of him constructing his home on this lot. He said he feels the house will be
a compliment to the neighborhood. He said the property discussed has been tax
delinquent twice in the past.
Mayor Liebl said he had questions about the information on page 2-A. The City
Yngineer Paid the garage would be on the south side of the lot. He said he would
o the vacation b the people of the
a b o� i t Y P P
like to point out there had e@q Q �.� oR
P �P.
ngt;hbothood, The City Engineer said the letters rgm the opposing neighbors
PUBLIC HEARING MEGTLN( OF JUNE 11, 1973 PAGE 8
Mayor Liebl said the eppositicn letters are self explanatory. He said there are
also letters from Mr. Darrel Clark, the community Development Administrator and
also the City Attorney which offer explainations to the acquisition of park land
by vacation of a public easement. Mayor Liebl read a portion of the letter from
the City Attorney.
Mayor Liebl questioned if it would be an unbuildable site without this vacation?
The City Engineer said the property owner would have to receive some variances
if he wanted to build on a 70 foot lot. Mayor Liehl asked how close the property
would be to the park land. The City Engineer referred to the plan on page 2-A
of the agenda and said the park would be 15 feet from the property owners line.
Councilman Breider asked if there would be a home on the two lots. The City Engineer
said yes. Councilman Breider asked if the dwelling could be closer to the street
than the other homes in the neighborhood. The City Engineer said it would be farther
back because of the culdusac. Mayor Liebl questioned if the set back required a
variance. The City Attorney said this house is farther back than the house to the
south. Councilman Breider said this house would not line up with the other homes
on the street. The City Attorney said there is a problem with the elevation. He
said there are some steep banks.
Councilman Utter asked if there is any proposal to put the street in the easement
in the future. The City Engineer said he did not think the Council would like to
loose public property, that is being used at the present time.
Mayor Liebl asked the applicant which portion of the property wauld be used for
building purposes. Mr. Nielson said there would only be one foot of the proposed
home in the right of way area. He said the deed of Fridley Street had been given to
the City for a roadway into the creek. This had been done by Carl Sorenson, Mr.
Nielson said. He added, the property north of the culdusac is under the control
of the City.
Mayor Liebl said the Council had concurred with the ability to gain access to the
creek. He said there is ircessibility, but once the right to build is given, the
City would l nose acct- .�iba i t y.
Mr. Nielson said the creek is some 200 to 300 feet from the presently being discussed
property. He said if the access to the park is questioned, Fridley and Anoka Streets
have access to the creek. He said the only question at hard is if they should vacate
67th Avenue.
Councilman Nee said the only factor in favor of the City vacating the easement would
be the amount of taxes to be obtained by the construction of the home.
MOTION by Councilman Breider to close the Public Hearing.
Mayor Liebl said there people present who would like to be heard on the matter.
Mr. Gary Sodahl, 6689 Anoka Street N.E. , said the street easement is used by many
to exit and enter the park and creek area. He said the animals also come up from
the park and creek in that area. He said the trees come right up to the top of the
bank, He said he thought the matter would deserve very careful consideration. Mr.
Sodahl stated that a two story house would stick up above the other homes in the area
and destroy the rustic manner of the area.
The City Engineer said $ Public Hearing should be set.
MOTION by Councilman Utter to set a Public Hearing Lor June 11 , 1973 on the vacation
request by Gilbert Menkveld, SAV #73-05. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
EULIC HEARING: CONSIDERATION OF A PROPOSED PLAT P S #73-05, BY DARREL A FARR
I1$VELOPMENT CORPORATION; A REPIAT OF HICOK 10, INNSBRUCK ORTH TOWNHOUSE 1st ADDITION,
The City Engineer said this had been taken care of and there was no action needed.
VACATION REQUEST, SAV #73-08, DENNIS A RANSTROM• VACATE 20 FOOT UTILITY AND DRAINAGE
EASErEE NT Lr4E BETWEEN LOT 10 AND 11 BLOCK 1 RICE CREEK SCHOOL ADDITION TO ALLN,
OONNSSTRUCTION OF A HOME ON TWO LOTS
The City Engineer said a Public Hearing should be set for the vacation of the utility
and drainage easement.
MOTION by Councilman Starwalt to set a Public Hearing for June 11, 1973 for the vacation
request by Dennis A. Ranstrom, SAV #73-08. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoulsy.
EIEC"1ENDATTON FOR VACATION OF 67th AVENUE N. E BETWEEN FRIDLEY STREET AND STINSON
BODUVA'RD,
:ouncilman Nee said he would speak in opposition to the vacation. He said as long
to the item would be considered he believed the other people who had not signed a
petition should be notified.
rhe City Attorney said the Council could petition the vacation, but it is uaually
lone by the property owner.
Me City Engineer said it could not be used as- a motor cycle route as it is being
used at the present time . He said when the area is a street easement, it cannot
m stopped.
;ouncilman Nee said this is contiguous. to the park land. He said he did not think
:he City should vacate the property as they were talking about spending $2,000
,or a small portion of land by Stevenson School.
ouncilman Starwalt said item number two and item number four were related.
EOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting
�f May 9, 1973. Seconded by Councilman Breider. Upon a voice vote , all voting
ye, Mayor Liebl declared the motion carried unanimously.
ouncilman Starwalt said in item number two the elevation which set the point of
&cation was 902 and just a block down it may not be a good elevation for such
vacation,
ouncilman Breider said if the people are not asking for the vacation, they should
of take any action,
ECETANG THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL tTETLNG OF MtY 10, 1979;
;NSIDERATION OF A REQUESf''f0 CONSTRUCT A DUST COLLECTOR TO THE PRESENT BUILDItiC
ATED ON LOT 26, BLOCK 2, COMtIERCE PARK, THF SAME BEELVG 7521 COi�U:RCE LrstiE E
kTDLEY. MfNINESOTA (REQUEST BY FQR,M PRODUCTS 7321 CO'It", CE LANE N E FRIDTEy
Planning Commission Meeting - May 9, 1973 Page
Mr. Drigans asked Mr. Schlemmer if the grade would be the same for
this driveway as the adjacent property owner's. Mr. Schlemmer said it would
Mr. Blair asked where the gas service was located. Mr. Schlemmer said
it was located on the side of the house along the proposed driveway, but he
would call the gas company and have the gas service moved.
NOTION by Harris, seconded by Blair, that the Planning Commission
close the Public Hearing on the request for a Special Use Permit, SP #73-02,
by Russell Schlemmer. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Drigans said that as all the driveways will be concrete, he didn't
feel this was unappealing.
Mr. Fitzpatrick said there were objections made to the obstruction
of an open area also. Mr. Clark said there were at least two detached
garages East of this area. Mr. Blair said" if the garage was moved forward
10 feet, this would help some.
Mr. Harris said he would prefer that Mr. Schlemmer maintain a five
foot side yard setback, even if this meansthe garage is 45 feet behind the
house. He said he thought there should by stipulations that the drainage
plans be worked out with the City, a turn around must be provided for safety
on the driveway, and the garage should match the exterior of the house. Mr.
Schlemmer said he intended to do all these things. Mr. Harris said he still
thought they should still be stipulated so there were no questions. Mr. Harri
continued that he didn't think we would be setting any precedence as there
were other detached garages in the area, if we approve this request. This
is a means of keeping recreational vehicles from standing around in the yard
NOTION by Drigans, seconded by Harris, that the Planning Commission
recommend to Council approval of the request for a Special Use Permit,
SP #73-02, by Russell Schlemmer, to construct a detached second garage on
Lots 5 and 6, Block 14, Spring Brook Park Addition, per City Code, Section
45.051, 2 A, with the following stipulations:
1. A proper drainage plan be worked out with the City.
?. The esthetics of the garage conform to the house.
3. Provide a proper turn-around in the driveway.
4. Maintain 5 foot sideand setback as specified y p ied on theP Ion
plan, the garage to be set back a maximum of 45 feet behind
the house.
5. The driveway to be at the same grade as the adjoining neighbor's.
UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
2. CONTINUED: VACATION REQUEST, SAV X73-05, GILBERT MENKVELD: Vacate
public easement on 67th Avenue N.E. between Anoka Street N.E. and
Fridley Street N.E. to add 30 feet to the North/South dimension of
Lot 1, Block 2, Oak Grove Addition to Fridley Park, making it a
buildable site.
Mr. Craig Willey and Mr. James Neilson, his attorney, were present.
r
Planning Commission Meeting - May 9, 1973 Page 4
Chairman Fitzpatrick said this item has been before the Parks & Recreation
Commission, the Plats & Subdivisions-Streets & Utilities Subcommittee, and
was continued at the last Planning Commission meeting.
Mr. Fitzpatrick said rather than have the petitioner make a complete
presentation one more time, I will ask the Commission to address any questions
they may have to the petitioner.
Mr. Willey said he was representing Mr. Menkveld, the fee owner, and
himself, as the buyer of the property, and he had Mr. James Neilson, his
Counsel, with him who was prepared to answer questions also.
Chairman Fitzpatrick said the petitioner wants to vacate 67th Avenue
to make his property a buildable site. The problem is that the area being
vacated is about half usuable land and the other half is below the embankment
of the Creek. Mr. Willey has agreed to rededicate the land below the top
of the embankment back to the City for park purposes.
Mr. Clark said there were two questions brought up at the last meeting
that needed opinions from the City Attorney.
One question was if the City could vacate a street right of way and
retain all, or part of it, for park purposes, or would it be more legal
to let it revert back to the private owner of the land and obtain the re-
dedication from the property otwner. The answer to that question was that
we should definitely let it revert back to the owner of the property and get
the dedication from the property owner.
' The second question was that if it is a dedicated street right of way,
could the City of Fridley prohibit its use to licensed motor vehicles even
though it is not open to traffic. Mr. Herrick answered that if the street
right of way is not being used for street purposes, it is under the control
of the fee owners, probably the adjacent property owners, and they may use
the property as their own until the City decides to open the street. This
being the case, they could fence the right of way to prevent it from being
used by motorcycles, etc. Mr. Clark said he had talked' to Mr. Neilson and
there was a difference of opinion between the two attorney's. Mr. Neilson
feels that as this is a street right of way, the public has the right to
use it as a street right of way.
Chairman Fitzpatrick said this question came up because in discussing
the dedication of street right of way on 67th Avenue, it was stated that
the City had no intention of ever opening up this street, and did we have
the right to hold this dedication. It was felt that it should all be
vacated and revert back to the property owners.
Mr. Clark said he thought we should consider this vacation request
by itself. If the Planning Commission thinks more of 67th Avenue should be
vacated, then we could address letters to the property owners to see if it
was vacated, they would dedicate the property that is over the embankment
back to the City for park purposes, also.
Mr. Drigans asked if the property owner of Lots 29 and 30 would also
dedicate the land over the embankment back to the City for park purposes.
i
Planning Commission Meeting - -May 9, 1973 Page
Mr. Clark said Mr. Sodahl was at the last meeting, and indicated at that
time that he would do this also.
Mr. Sodahl, 6689 Anoka Street N.E. , said his original statement
was that he wanted to make sure this vacation was for all of 67th Avenue
between Anoka & Fridley Street N.E. tie said he didn't make any statement
about dedicating any land back to the City and he hasn't made a decision
on this as yet. Mr. Fitzpatrick said that he wasn't sure that the
street right of way that reverted back to Mr. Sodahl 's property was over
the embankment. Mr. Sodahl said there would be a problem determining what
is over the embankment. About 3/4 of the easement is level with his prese
property and then there is a gentle slope. Mr. Fitzpatrick said we have a
elevation line of 902 feet we are using on Mr. Willey's property, but that
line may be different on you; i-roper_;
Mr. Neilson said he didn't have the benefit of beim, at the las,
Planning Conunission meeting. There were a few points he would like to mak-
lie
aklie said this was an old plat , that was platted in Dec( bcr of 1886. In th
plat there was a road on tl.0 No_th amide tha` North Street , 1n4
at the end of the dedication clause, it stated, h}, the fee owners at that
time, that we hereby donate and dedicate to the public, use forever of all
streets, avenues and alleys as shown on said plat. Since that time, Block
has been replated into Rice Creek School Addition, and North Street, which
is presently 67th Avenue, was vacated. So approximately 300 feet of dedic
street has already been vacated. 1 think it should also be noted that
the owners of Lots 1, 2' and 3, of Block 2, in 1965 gave an easement to the
City for the cul-de-sac. From a practical sense, 67th Avenue N.E. cannot
used as a street. There is an easement there for a public street. In my
opinion, this gives the public the right to use this for public passage.
We cannot force the City to put in a street, but we cannot stop the public
from using -it.
Mr. Neilson said he would like to give five reasons for vacating thi
street easement. Anytime you vacate an easement it should be in the goner
interest of the public. If you vacate this street, no one can ever come i
and request that they want a street here. So it's a benefit to the City ne
to have that problem. It would be a benefit to control the area. It is n
position that anyone could use this easement now as long as they weren't
creating a nuisance. It v:ill _ benefit b e you have a clear under-
standing from the property owner that he is going to convey the land .over
the embankment back to the City for park purposes. It will also be a bene
to have a 70 foot tract of land to build on rather than a 40 foot site. 1
will make it possible to build a much nicer home. It will also be a benef
to the City in that this will then be taxable property. This lot has alre
gone .tax forfeit twice.
Mr. Blair said in the minutes of April 18, 1973, Mr. Clark stated tl
redwood deck would have to be shorted by five feet to meet the setback
requirements on the South side of the lot. Does the petitioner agree to t
Mr. Willey said he had ne objection and had agreed to this. Mr. Blair sai
you also have no objection to redicating land for park purposes. Mr. Will
said the prpperty below the embankment would be more of a liability for me
• to keep. I have no practical use for it. There would be a maintenance pi
and a problem of personal liability if anyone got hurt on this embankment .
Planning Commission Meeting - May 9, 1973 Pag
Chairman Fitzpatrick asked Mr. Clark that if the Commission voted
favorably upon this vacation request if they should include the other
lots along the Creek in the motion. Mr. Clark said he thought it should
be in two motions. He also felt. that it shouldn't be vacated without
getting rededication back for park purposes on the area over the embankme
Mr. Drevniak, 6684 Fridley Street N.E. , asked how many of the Commi
have seen this property. Chairman Fitzpatrick said most of the members
have been to the site.
Mr. Sodahl said that people use this easement to get down to the Cr
He thought the avenue of travel would be seriously hindered by the vacati
of this easement. He said that in listening to the discussion, if the va
wasn't granted, a small house might be built on this lot, whichwouldn't
into the area. If the vacation was granted, Mr. Willey wants to construc
a two-story house which he felt Would also be a detriment to the areas of
one story homes. He wondered what his recourse was.
Mr. Harris asked Mr. Drevniak .if he was aware this property had gon
tax forfeit. Mr. Drevniak said they purchased their home in August of 19
and until they had their lot surveyed to construct a garage, they thought
they had more property. The year they bought their home, they couldn't h
afforded to purchase an additional lot.
Mr. Harris asked Mr. Sodahl if he would be willing to dedicate the
from the top of the embankment for park purposes also. Mr. Sodahl said t
would be difficult to answer at this time because he didn't know the elev
of his slope.
Mr. Drigans asked Mr.Sodahl if he wasn't using part of this easemen
for a garden. Mr. Sodahl said he has spent considerable time clearing of
dead trees, chunks of concrete someone had dumped on the easement, and of
debris from this area. He is presently trying to grow grass in this area
and a garden he has on his property is extended a small way on the easeme
Mr. Drigans said the second point Mr. Sodahl made was that there co
be a house constructed on this lot that would not conform to the existing
houses. Mr. Drigans asked Mr. Sodahl if he V_--ght the house at 6600 Fri
Street was a conforming house. Mr. Sodahl said he was referring to house
close to the proposed house. Mr. Drigans said the house referred to was
the same block.
Mr. Harris said if this vacation was granted, it would make Lot 1 a
much more desirable building site, and the area would be cleaned up. He
said'he couldn't see any reason to retain an easement on any property the
City doesn't ever intend to use. Mr. Harris said he didn't know if the h,
proposed was compatible with the houses in the area, but this was a matte
judgement.
Mr. Drigans said a portion of the Commission has never seen the pla:
for this house.
Mr. Willey presented his plans to the Commission. He said the hous
would have horizontal masonite siding and asphalt shingles, the same as t'
Planning Commission Meeting --May 9, 1973 Page 7
neighboring houses. Although it was two story, it would have a mansard
roof to lower the profile of the house. The garage would be in line with
Mr. Drevniak's house.
Mr. Harris said he would be more in favor of the vacation, if he
felt the house was more compatible to the other homes in the immediate area.
Mr. Lindblad felt that if someone were to build a house on the 40 foot
lot, they could build something that was a lot more incompatible with the
area.
Mr. Clark said the Commission could make a recommendation to the
Council that the street easement be vacated subject to the house plans
being approved.
MOTION by Harris, seconded by Lindblad, that the Planning commission
recommend to Council approval of the vacation request, SAV 73-05, by Gilbert
Menkveld, to vacate hte public easement on 67th Avenue N.E. between Anoka
Street N.E. and Fridley Street N.E. to add 30 feet co the North/South
dimension of Lot 1, Block 2, Oak Grove Addition to Fridley Park, making it
a buildable site with the stipulation that all land below the elevation line
or 902 feet be rededicated back to the City for park purposes contingent
upon the stucture that is proposed for this lot be compatible to the area.
Mr. Sodahl said he could not agree to the 902 foot elevation line
on his lot because the elevation was different on Anoka Street.
Mr. Harris amended his motion, seconded by Lindblad, to read that
the petition would rededicate all the property lying below the crest
of the embankment whether it be street easement or not as determined
by the property owners and the City administration.
UPON A VOICE VOTE, all voting aye, the motion and amended motion carried
unanimously.
Mr. Blair said he felt the proposed house was compatible with the
area. Mr. Harris said he knew that was a matter of judgement, so we
will leave the decision to the City Council.
3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PLAT, P.S. #73-OS, BY
DARREL A._FARR DEVELOPMENT CORPORATION: A replat of Block 10, Innsbruck
North Townhouse 1st Addition.
Mr. Jim Londoiwas present.
MOTION by Drigans, seconded by Blair, that the Planning Commission
waive the reading of the Public Hearing notice of the proposed plat, P.S.
#73-05, by Darrel A. Farr Development Corporation. Upon a voice vote, all
voting aye, the motion carried unanimously.
Mr. Clark said when Block 10 was platted, the property lines were
Straight. The area between the garages was enloarged bet&uze there were some
trees they wanted to save. A jog was put in the property li-ftsso the owner
will own the garage that goes with his townhouse.
Planning Commission Meeting - April 18, 1973 Page 9
Mr. French said he wants this building to store his boat and trailer and
some lawn equipment. He said this accessory building wouldn' t be as high or
large as a regular garage . Mr. French said he would be placing the building
on cement slab, Because the building is metal it will be non-combustible .
Minish asked if Mr. French was going to have a driveway going to this
building Mr. French said he didn't want a driveway. He has a lawn tractor
he intends o use to pull the boat and trailer to the front of the lot . He
said he had lked to two neighbors, Mrs . Bacter and Mr . Johnson, and they
have no objet ons to this building. He said all his neighbors have steel
storage sheds ,
Mr , French sai he had to get a building this large to accommodate the
boat on the trailer . r. Erickson said this building is large enough to
accommodate a small car. Mr. Erickson asked Mr. Clark if the City would
allow this type of materi to be used for a regular garage . Mr . Clark said
• it would depend upon the sn loads on the roof. Mr. French said the gauge
seems to be heavier on this s d than others he had looked at . He thought
it was because of the span. He aid he didn't need this large of a building
but to get it long enough for hi boat, he had to take the width.
Mr. French said the reason for e placement of the shed on the lot
was because he wanted it inaccessible om the street .
MOTION by Fitzpatrick, seconded by Z en, that the Planning Com-iiission
close the Public Hearing on the request for Special Use Permit , SP 473-03,
by Richard French. Upon a voice vote, all vot b aye, the motion carried
unanimously,
MOTION by Fitzpatrick, seconded by Zeglen, tha the Planning Commission
recommend to Council approval of the request for a Sp ial Use Permit, SP
#73-03, by Richard French, to construct a second access y building on the East
87 feet of the West 107 feet of the South 200 feet of Lot Meloland Gardens ,
per city code, Section 45 .051, 2A, with the stipulation tha this building
not be used for passenger cars , and that the drawings Mr. Fre h prese::ted
to the Planning Commission, Catolog No. 32KS66025M be the one ed or its
equivalent . Upon a voice vote, all voting aye, the motion carri unanimously.
6, VACATION RE UEST SAV 4173-05 BY GILBERT MENKVELD: Vacate the public
easement on 67th Av between Anoka Street N.E, and Fridley
Street N.E. , to add 30 feet to the North/South dimension of Lot 1,
Block 1 , Oak Grove Addition to'Fridley Park, making it a buildable
f site .
Mr. Craig Willey was present .
Mr. Willey said he was representing Mr. Menkveld and himself, as buyer
of this property, Mr. Menkveld has requested the vacation of 67th Avenue
so that I can build a residential dwelling upon this lot for myself as my
personal residence. I have been before the Parks & Recreation Commission
and they have suggested that I dedicate the part of the easement from the
top of slope back to the City for park purposes . They said they had no
objection tp the vacation. The Lot as it stands right now is not buildable.
Planning Commission Meeting - April 18, 1973 Page 10
according .to the present standards . With the addition of the street which
I could use, I would have sufficient area to build my home.
Mr. Fitzpatrick asked if anyone from the City had been out to look at
the embankment. Mr. Clark said he had seen the site and also Ralph Volkman
from the Park Department . He said the drawing.presented appeared to be
quite accurate.
Mr. Willey said he did not have a survey at the time he was before the
Parks & Recreation Commission but he has had one made which the Planning
Commission has .
ft Mr . Fitzpatrick asked how wide the property would be with the vacation.
Mr. Willey said it would be 70 feet at the Westerly most point . On the
Easterly point is where it meets the cul-de-sac so it is appreciably narrower.
Mr . Zeglen asked if there was a dwelling on Lot 30. Mr, Willey said
Mr. Sodahl has a home built on Lots 29 and 30. Mr. Willey said he had
' talked to Mr. Sodahl earlier in the evening and he supports the request
for the vacation as this, would add open space to his yard.
Mr. Erickson asked why this came before the Parks & Recreation Commission.
• Mr. Fitzpatrick said because of the general concern in not vacating City
property along the Creek.
Chairman Erickson said this is in a nature of a trade. The petitioner
gets the vacation and dedicates to the City the area beyond the slope as
park property, Mr. Fitzpatrick said we are concerned about keeping the
creek bank in public ownership.
Mr. Erickson asked Mr. Willey if he had drawings of the house he
proposed to build. Mr. Willey said he did. He said this would be a two-story
house with an attached garage. He would be using a mansard type roof to lower
the profile of the house so it would blend in better with the existing homes
on the block. He will use horizontal siding, the same as the other houses
in the area. The house will have a redwood deck which will serve as a large
play pen for his small children. Mr. Clark said the deck will be shortened
by 5 feet to the North to meet the sideyard setback requirement of 10 feet
on the South.
} Mr, Fitzpatrick asked if this item was before the Plats & Subdivisions
Subcommittee. Mr. Harris said it was but on the vote for denial there were
two aye and two nay votes so it comes to the Planning Commission without a
recommendation.
Mr. Clark said he didn't know if the City can vacate a street right of
way and simply retain it for park purposes ,
Mr. Fitzpatrick said the Parks & Recreation Commission did not recommend
approval of the vacation, they just said they had no objections if the park
gets the rededication.
Planning Commission Meeting - April 18, 1973 Page 11
Mr. Dennis Drevniak, 6684 Fridley Street , said he objected to any
structure being built on this lot and thought it was an infringement upon
the wild area.
Mr. Gary Sodahl, 6689 Anoka Street, said his only objection was to a
two-story house.
Mr. Willey said the reason he went to a two-story house was so he would have
a large enough house for his needs and still maintain some open space on his
i
lot .
Mr. Harris said that if we don't grant the vacation, this lot will be
dead . It would be very difficult to build on as it is and meet the setback
requirements . It seemed to him that we either have to go along with the
vacation or the City may have to acquire the land . We would have to iron
out the park dedication.
Mr. Drevniak said that if this lot could not be built on, he would
like to buy it for an agreed upon price. Mr. Willey said there is no
agreed upon price because he wants to build his house on this lot .
Mr. Fitzpatrick said we had a two to two vote by the Plats & Subdivisions-
Streets & Utilities Subcommittee and a cautious statement from the Parks &
Recreation. Commission, and I think we should continue this item until we know
the legal ramifications .
Chairman Erickson said he didn't think there could be an intelligent
vote on the vacation request until evervone had seen the property.
Mr. Harris said one of the things he was concerned about and they
didn't get to this at the Subcommittee level, was that he knew you could
keep motor cycles, mini-bikes , snowmobiles and the like, off of park property.
Can you keep them off of public right of ways when there is no street there.
If this dedicated right of way was left as is, could they stop recreational
vehicles from using it . He said if they were licensed vehicles, he didn't
think there was a thing the City could do about it .
Mr. Fitzpatrick said he would like to see this vacation request continued
until it is determined if all of 67th Avenue should be vacated along the
embankment and how it could be handled.
• Mr. Minish asked the petitioner if he would consider building any other
kind of house. Mr. Willey said a one-story home would be too small and he
thought the house he proposed would blend into the neighborhood. A small
house wouldn't blend in with the neighborhood either. There are a variety
of grade changes in the area.
Mr. Fitzpatrick said I don't think we have the right to deny this request
just because of the park consideration. There are other things to consider.
Mr. Clark said there have been several questions brought up here that I
`could like to check with the City Attorney. One of the questions was if we
ccvld keep licensed recreational vehicles off a dedicated right of way .
' f
Planning Commission Meeting - April 18, 1973 Page 12
MOTION by Minish, seconded by Harris, that the Planning Commission continue
vacation request, SAV #73-05, by Gilbert Menkveld, to vacate the public easement
on 67th Avenue N.E. , between Anoka Street N.E. and Fridley Street N.E. , to add
30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove Addition to
Fridley Park, until May 9, 1973, due to the number of questions that need
answers before a decision can be made. Upon a voice vote, all voting aye,
the motion carried unanimously.
Mr. Fitzpatrick said he wouldn't want this item back on the agenda until
we have answers to the questions. raised tonight.
Mr. Clark said he would talk to the City Attorney.
7 . VACATION REQUEST: SAV `73-06, RICHARD MILLER HOMES: Vacate the
W\wasbui
t fot of the E� t 5 foot easement of Lot 10, Block 2, Briardale
aid the hoU has been moved but he thought the vacation
shFrocessed j _ in case there was even an inch error, to protect
thes of the he If a survey should show a small part of the
houon an easem%:at it might be difficult to get a mortgage commitmen
Mr. Minish s d at the time the variance was granted for this house, they
did have letters f m the three utility companies saying they had no objection
to the vacation bei\seconded
ed .
Mr. Harris saiats & Subdivisions-Streets & Utilities Subcommittee
recommended that thn be granted.
Chairman Erickthis was a drainage easement also. Mr. Clerk
said it was but thestil ave nine feet.
MOTION by Minided by rris, that the Planning Commission
recommend to Councial of vaca on request, SAV 473-06, Richard Miller
Homes, to vacate the foot of t East 5 foot easement of Lot 10,
Block 2, Briardale Addition. Upon a void-vote, all voting aye, the motion
carried unanimously. }
8. REPORT ON RUSTY WATER
Mr. Minish said when we first started our discu�slion on the Comprehensive
Plan, I raised the question about what I believed to bla problem we had with
our water. I was told by Mr. Qureshi that we had all th6ge iron removal plants
and that dpesn't see to be the case. I'm sure we are not '* only household
in Fridley to have problems with rusty water. It just seems`,r6 o me that this
was a problem that should have a solution and as far as I 'm cerned the
problem has not been solved. I cannot tell from the memo we havOk in our
agenda if we will ever be rid of the problem. :,
Mr. Fitzpatrick said it sounded like they were building somethingout
of parts they receivo bit by bit. Mr. Minish said it sounded like we were
a second-rate municipality.
CITY OF FRIDLEY
PLATS & SUBDIVISIONS-
STREETS & UTILITIES SUBCOMMITTEE MEETING APRIL 18, 1973 PAGE 1
CALL TO ORDER:
Cha man Harris called the meeting to order at 7: 05 P.M.
ROLL CALL:
Members Present: Harris , Engdahl, French, Meissner
Members Absent: Forster
Others Present: Darrel Cla Community Development Administrator
APPROVE FLATS & SUBDIVISIONS-STREETS & UTI TIES SUBCOMMITTEE MINUTES:
MARCH 15, 1973
Motion by Meissner, seconded by French, that the Plats & Subdivisions-
Streets & Utilities Subcommittee minutes of March 15, 1973 be approved as
written. Upon a voice vote, al-1- voting aye, the motion carried unanimously.
1 . VACATION REQUEST. SAV #73-05, ILBERT MENKVELD: Vacate public easement
to 67th Avenue�l.E. bin Anoka Street N.E. and Fridley Street N.E. to
all 30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove
Addition to Fridley Park, to make it a buildable site.
Mr. Craig Willey was present .
Mr. Willey said he was also representing Mr. Menkveld. He said he was
in the process of buying this property from Mr. Menkveld conditional upon
the vacation being granted so the site would be large enought to build a
home for himself.
i
I Mr. French asked if there were any utilities on this easement . Mr. Clark
said there weren' t any.
! Mr. Willey said this is an old plat and when 67th Avenue was drawn A
the plat, there wasn't any consideration given to the condition of the grade
along the right of way. He said he did meet with the Park & Recreation
Commission and they said they had no objection to the vacation, but suggested
that I dedicate that part of the easement where the slope starts , back to the
City, for .park purposes . I need the part of the street right of way that can
be used, to give me a buildable site. The area below the slope is not needed
and I will convey that area back to the City for park purposes .
Mr. Willey said he had some rough drawings of the house he would like to
construct . Because it is a small lot, he said he wanted to construct a two-
story home. He said it will have a mansard roof and was so designed so it
would not be too out of character with the rambler-type homes in the area.
This home will be in the $40,000 category. If he had to build a one-story
home, it would be too small for his needs , and would be considered low-income
Plats & Subs -Str & Util Subcommittee Meeting April 18, 1973 Page 2
housing. He said the houses are staggered on this block, and he thought
this would soften the impact of this size home on this lot. Mr . Clark
said the garage of this house would be in line with the rambler next door.
Mr. Harris asked who owned Lot 30, which would be directly behind this
house. Mr. Willey said it was owned by Gary Sodahl . He said he had talked
to Mr . Sodahl, and he had no objection to the vacation. He said he thought
Mr. Sodahl would be here to speak for himself, but while Mr. Sodahl would be
using the easement as part of his yard as he owns both Lots 29 and 30, he will
need the easement to be able to build as he only has the one 40 foot lot. Mr.
Willey said Mr. Sodhhl was also willing to convey the right of way from the
slope for park purposes .
Mr. Harris asked if the owners of Lots 2 and 3 had any comments to make.
Mr. Harris said the Subcommittee did have a copy of the letter written by
the owner of this property, to the Planning Commission.
Mr. D. B. Drevniak, 6685 Fridley Street, said he felt the proposed structure
would be too close to the park area and infringe on the wild life in the area.
He said that where Mr. Willey wants to place his house on the lot, it wouldn't
be in line with his house or any of the houses on the block. It also is a two-
story house, which he feels would be out of character with the ramblers on
the rest of the block.
Mr. Clark said the house does meet all the setback requirements , except
one . The deck on the North side of the house would have to be shortened up
by five feet so the house can be placed 5 foot more from the South property
line so the South property line can be increased to the required 10 feet.
Mr. Engdahl said he questioned the size of the lot. Even if Mr. Willey
could use all the easement he would still only have a 70 foot lot . Mr. Clark
said this is an old plat and it could be built on with no variances required.
Mr . French said it will not meet the minimum requirement of 9,000 square
feet when the slope area is conveyed for park purposes .
Mr. Harris asked Mr. Drevniak if he had any suggestions on how this lot
could be utilized . Mr. Drevniak said he didn't think anything should be built
on this lot . It should be made a part of the park.
Mr. Harris asked if the elevation of Lot 1 was at about the same elevation
ss Lots 2 and 3 . Mr. Drevniak said it was about the same. Mr. Harris said
it would be a buildable site then. He said the owner of the property has the
right to use this lot.
Mr. Gary Sodahl, 6689 Anoka Street, said he owned Lots 29 and 30. He
felt if a home was built on Lot 1, it would destroy the wilderness area.
Mr, Clark said the City has no desire to ever open up 67th Avenue. If the
vacation was denied, then the petitioner would have to go to the Board of Appeal
to ask for a variance to build on a 40 foot lot . If this was denied, then the
City might be faced with a lawsuit for taxing a lot which we deny the use of.
Plats & Subs .-Str. & Util. Subcommittee Meeting April 18, 1973 Page 3
Mr. Willey said the conversation makes it sound like this house is
going to hang over the cliff. In no way is this the way it will be. The
house will be built to take advantage of the view. It will not be placed
to cause any large unusual appearance. He said that East of this property
you can find two-story homes and walkouts .
Mr . Drevniak asked what plans the City had for the park area. Mr. Clark
said there was no adopted plan for the development of this park. There has been
some talk of the County taking it over. On our part, it would probably stay
a nature area, with walking paths and nature trails .
Mr . Meissner asked why the cul-de-sac on Fridley Street didn't go through
to 67th Avenue . Mr. Clark said because of the grade on 67th Avenue, the City
has never planned to open this street.
Chairman Harris asked what the law was when a dedicated street was vacated.
Mr. Clark said it goes back to the property it was taken from originally. Mr .
Harris said that legally we couldn't dedicate the street for park purposes . Mr.
Clark said he thought the street would have to go back to the original property,
and if the property owners were agreeable, then they could dedicate it for
park purposes . We could retain part of the street right of way, but I don't
think that's the way we should go.
Mr. French said he felt that when the City has dedicated right of ways
that they have no use for, it should be returned to the property owners .
Mr. Meissner asked If Mr. Willey would have to get special approval to
build the home he proposes . Mr. Clark said there is nothing in the Building
Code to stop him from building the house he wants to construct.
Chairman Harris asked the neighbors if they have seen the plans for the
house and if that was their objection. Mr. Drevniak said he had not seen the
plans but thought any structure built on this lot would be too close to the
park.
Chairman Harris told Mr. Drevniak he should understand that legally the
City may not be able to deny him a permit on a 40 foot lot.
MOTION by French that the Plats & Subdivisions-Streets & Utilities
Subcommittee recommend to the Planning Commission approval of vacation request,
SAV X73-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue
N.E. between Anoka Street N.E. and Fridley Street N.E. , to add 30 feet to the
North/South demension of Lot 1, Block 1, Oak Grove Addition to Fridley Park,
subject to the area below the top of the bank being retained for park purposes ,
and if that is not approved, the City retain the easement for park purposes .
THE MOTION DIED, for lack of a second.
Chairman Harris said that he didn't like to continue this request, but
he wondered if the petitioner and the neighbors couldn't get together and iron
out some of their points of difference. He said the size of the proposed house
seems to be one of the problems . Mr. Willey said that because of the setback
Plats & Suba -Str & Util Subcommittee Meeting April 18, 1973 Page 4
requirements and the change of elevation on this property, to build a one-story
home on this lot would come in the category of low-income housing and this
would not fit in with the homes in the area either.
Mr. Meissner said it might be possible to get some variances of the
setback requirements so a different type home could be built on this property.
Mr. Drevniak said he would be agreeable to buying this lot for an amicable
price. Mr. Willey said the property is valuable to him as a building site,
but if the vacation is denied and the property could not be built upon, the
"fair" price for an unbuildable site would not be the true value of the
property as far as he's concerned.
• MOTION by Meissner, seconded by Engdahl, that the Plats & Subdivisions,
Streets & Utilities Subcommittee recommend to the Planning Commission denial
of vacation request SAV #73-05, by Gilbert Menkveld, to vacate the public
easement on 67th Avenue N.E. between Anoka Street N.E. and Fridley Street N.E.
to add 30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove
Addition.
Chairman Harris called for a roll call vote. Meissner and Engdahl, aye,
Harris and French nay.
T Mr. Clark said the Subcommittee could pass this vacation request on
(` to the Planning Commission without a recommendation.
`__
2. �iiACATION REQUEST: SAV #73-06, RICHARD MILLER HOMES: Vacate the West
on foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition.
Mr. Cl said this is a five foot utility easement and we have letters
from the three utility companies that they have no objection to this vacation.
The house that was encroaching on the easement has been moved. In case there
is even a three inch error, I think this vacation should be given to protect
the future buyers of the home.
Mr. French asked if the City had any objection to this easement being
vacated. Mr. Clark said there was no objection.
MOTION by French, seconded by Meissner, that the Plats & Subdivisiods-
Streets & Utilities Subcommittee recommend to the Planning Commission approval
of vacation request, SAV #73-06, by Richard Miller Homes , to vacate the West
one foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition.
Upon a voice vote, all voting aye, the motion carried unanimously.
3. CONSIDERATION OF A PROPOSED PLAT P.S. #73-05 DARREL A. FARR DEVELOPMENT
CORPORATION: A replat of Block 10, Innsbruck North- ownhouse 1st Addition.
Mr. Jim London was present.
Mr. Clark said that on the original plat, the lot lines were traight
on Chip block. They have built the garages in such a way that there will have
to be a jog line to accommodate the garages. Administratively, we have no
Minutes of the Parks F, Recreation Commission Meeting,
March 26, 1973. Page 3
FR DLEY YOUTH FOOTBALL ASSOCIATION (CON'T) :
Y.F.A. is also helping to sponsor the Babe Ruth Baseball program. In 1972, there
we 120 boys registered to play baseball and they are anticipating from 150 to 180
boys ill be playing with the Babe Ruth teams for 1973. The F.Y.F.A. has also
approv $716.00 in funds for introducing the farm system for 13 year olds.
For a coup of years, the F.Y.F.A. and the Parks and Recreation Department have
been trying t start a youth Basketball program, with the aid of the Senior High
Basketball coac but there has been some difficulty with use of the facilities .
It is presently p osed that a meeting will be set with the School Board, and
hopefully the gymna 'ums will be made available for use on Saturday mornings.
One request that Mr. 0' 1 made on behalf of the Babe Ruth program, was that a
material called "agricult 1 limestone" be used in place of the regular infield
mix, which could prevent som otherwise rained-out games. It would cost about
1130.00 and the F.Y.F.A. is wi ing to pay for this out of the money which is to
,aid to the City for official The Commissioners said that they didn't see
any problem with this, but that Pa Brown should be consulted upon his return to
.he office.
The Commission turned their attention to a Agreement between the City and the
F.Y.F.A. Section #3 under the F.Y.F.A. 's onsibilities calls for the sponsoring
of a banquet to be held at the season's end. ue to the size of the group, this
has been changed to an annual awards night, ano food is served. Section #4
under the City's responsibilities calls for set ti up of field trips, and the
F.Y.F.A. has not been taking the boys on these trip or the past several years,
to it was recommended that both of these items be omi d from the Agreement.
The Secretary will prepare the new agreement and mail it for signatures.
MOTION by B.ea,iA, Seconded by S,tcmmbeJt, to approve .the kecomme 'on,6 of the Fki.deey
youth Footbatt Abaociati_on � to continue opexati.ng the ptogna, Yunden. the kevized
Agreement. The Rtotion eon
VACATION OF EASEMENT ADJACENT TO RICE CREEK. `
Mr. Craig Willey was present to request the commission's permission to vac.:+tp the
alley easement at o7th Avenue, between :Anoka and Fridley Streets, adjacent t- Rice
Creek. The easement is 30' wide and is partially at an angle where is drops off
to the Creek. Mr. Willey has purchased a lot and plans to build a home on it, but
due to the City codes and the location of the easement, will need to extend the
structure beyond the legal boundaries within his property line. The reason he
approached the COR creationission s that the Department prandrthe Citythe
hasSouth
requesteditheirCreek
approvalbelongs
to the Parks and P
or recommendation on vacation of the easement.
Mr. Volkman recommended that Mr. Willey approach the Board of Appeals and request
special permission or variance in the code, rather than to vacate the alley. The
Commission felt there would be no problems, and agreed to honor the recommendations
of the Planning Commission and Board of Appeals, as long as it does not conflict with
any dedications or other committee action.
MOTION b BZAiAl Seconded b S ir�mteen, to estate .the Comm,uss.ion'b o �.ni.on on the
va on o e eaaeme► on venue .
c en no an rru e Stt e.et6
as v to ►too a on wet e arc 2�,,i,onrtcLt come ahna�2 mutt e ma eon t tie
ecCicatian o� ptopeAty aQong the cite k, and that L" must be a neeabte with a.CC othek
comm ee�s. I ne , o o►t caAAk
REGULAR COUNCIL MEETING OF JUNL 18, 1973 -PAGE
Mayor Liebl directed Mr. Ranstrom to have thL documents sor points 1 , 2, and 3
ready for the second reading, and to work with the City staff.
Councilman Nee questioned if a three to two vote was sufficent to vacate a drainage
and utility easement. The City Attorney said in some other occassions a four vote
is needed, but in this instance, he believed it sh.,uld he a nu:jority vote .
CONSIDERATION OF APPKOtiAl. 01' VACATION RE WEST S �#73-0 i;ILBERT MENKVELD, TO VACATE
PUBLIC EASEMENT ON 67th AVENUE BET14EEN ANO}:A S T AN JADLFY STREET TO ADD 30'
TO THE NORTH/SOUTH DIMF�NSION OF LOT 1 , BLOCK 2, OAK GROVE ADDITION TO FRIDLEY PARK,
MAKING IT A BUILDABLE SITE:
Mayor Liebl said at the May 9, 1973, meeting of the Planning Commission, they had
recommended approval of the request.
The City Engineer said lie would like to point out the area being discussed and
referred to the map in the agenda. He said there ig one 40 foot lot . Mayor Liebl
said according to the building code, they could not build a howise on this lot .
He said they would have to go through this vacation. The City Engineer said he
cannot build. Mavoi Liebl said so, in order to allow the construction, the Council
would have to approve the vacation of the: easement . The City Enginet•r said there is
a 75 foot frontage minimum requirement also, and this lot would only be 70 feet in
front. He said the applicant would need a variance to build on the lot with the vacated
easement.
Mayor Liebl called on Mr. Craig Willey, contract purchaser, and said he had promised
at the Public Hearing that he would make his house plans compatible to the area.
He asked Mr. Willey what he intended to do.
Mr. Willey addressed the Council and said he had planned a home which would blend
in with the general character of the neighborhood and the embankment . He said he
had intended to incorporate a mansord roof over the second story, allowing the
second story to look like the roof. He said the home would resemble a one story
home.
Councilman Breider said if the building plan is changed to be feasible with the
neighborhood, he would still not favor the proposal of vacating the easement. He said
the City would need the access on the high ground. Councilman Breider said he thought
the City should retain the right of way and roadway. Councilman Breider said he
doubted if anyone would want a trail through their front yard. He said the access
could not be restricted to the line. He said he could see nothing but problems,
and he added, he for one, had made up his mind and would like to retain the easement.
Councilman Nee said it was his view to retain the easement also.
Councilman Breider said lie would not want the man to go through all of this work, so
he would like him to knew that he would not change his mind.
The City Attorney said he had found the ruling on the vacation and it would require
a four vote in favor of vacating the easement in order to vacate a street, alley
or highway. He said there is no mention of a utility easement, so he would not
shed any light on thisr. He said there is no question how many votes it would take
to vacate 67th Street. lie said he had no information to this effect on the previous
item. He said he had not found anything to the contrary, he assumed the motion could
be carried with the three to two, majority vote.
t
REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 8
Mayor Liebl said the Attorney could advise the Council at the time of the second
reading of the Ordinance. He added, he did not want to waste the applicants time.
Mr. Willey :asked t1je Council if they would go ahead with the vote at the present
time.
Mayor Liebl said since they would require a fou: v,)te Lo vacate the street he thought
they should vote at the present time.
MOTION by Councilman SLarwalL to adopt the first reading of the ordinance, waive the
reading, and approve the Vaca( ion of t tie c:.i,ement for 67th Street between Fridley
and Anoka Street -, N. E . , as req,,rsLe.i by qtr . Menkveld on Lot 1 and 2, Oak Grove
Addition. Set ondcd by Councilnidn Breidcr . : pon a roll call vote , Breider voting
nay, Starwalt vOtinx, aye , I.i, bl votiag .sye , L,Lter voting aye , and Nee voting nay,
Mayor Liebl declared the motion I.►iled tiecause it lacked ! ht! 1: ar votes in favor
as required by the Charter.
CONSIDERATION ,)} A REQUE51 10 CONS)-RLtCl A o'►OL BUS GARAGE'. (N, LO'f 1, AND "IHE NORTH
25' OF LOT 2, BLOCK 6, RLCI ('REEK PLAZA, S01 I'H ADDITION SUBJF.t f TO ALL EASEMENTS OF
RECORD. REQUEST BY RODGrR CRYISTENS(%N FRIDLEY Bt!S SERVICE 1NC. (TA!11.E1) JUNE 11
1973) :
The City Engineer said chis pr(•perty is and has been zoned by the original zoning
map of the City of Fridley. He said thc' property Lo the south is industrial and
the property to the east is residential .
Mayor Liebl asked th, City Attorney if Lhere was a legal sLandpoint or if there was
a time limit required for the . ui►dinh. The City Attorn ,y said the property is properly
zoned and if ail of the code rrquirtmeiiLs are met, the City is under no obligation
to grant a building I), rmiL . fie said he knew of no exception to this. He said if
there is an exception he did iiut Know of it. He said if the matter would go to the
district court, the City would have to i >;ut tl:t building permit.
Mayor Liebl said this is the decision that would be upheld? The City Attorney said
yes. Mayor Liebl said Mr . Christenson is meeting all requirements of the building
code. He said all of the community is concerned, but the City could make some demands
to comply with their wishes and solve the problem.
Mayor Liebl said the City is concerned about the creek and would not want to see
oils and other pollutions washed into the Creek. He mentioned the traffic problems
of the area and said that they had received a report from the City staff , which
could comply with the requests of the neighbors. Mayor Liebl said there were many
residents from the area present at the meeting.
The City Manager said his staff had met with Mr. Newquist , Attorney for Mr. Christenson.
The City Manager read from the list of 13 stipulations prepared at the meeting.
Mayor Liebl asked how many of the items are for screening on the north and east and
generally related to the environmental matters. He asked the City Manager if he
would say that at least one half of the stipulations were? The City Manager agreed,
saying they plan for trees, drainage and refacing the building.
1
PUBLIC HEARING MEETLNG OF JUNE 11, 1973 PAGE 7
Mayor Liebl said he would like the City Manager to draw up an agreement with
respect to Mr. Ranstrom's requests. The City Manager said he would do this.
Mayor Liebl said the Ward Councilman was not present that evening, he was vacationing
in Montana. He said the Council would make a decision on the matter the following
week when the Councilman of the Ward, Starwalt was present.
Councilman Breider directed the City Manager to have an agreement drawn up. The City
Attorney said the plans should not be submitted to the Ri,c Creek Water Shed
District until after the Council takes action.
The City Attorney directed the City Manager to find out when and where the Rice
Creek Water Shed District would be meeting.
The City Engineer said their review is only a formality and would be necessary
for a large structure only. Otherwise, they would not be concerned, but they can
be given a chance to review the plans.
UBLIC HEARING ON VACATION REQUEST SA 4F73-05 LBERT MENKVELD TO VACATE PUBLIC
BASEMENT ON 67th AVENUE, BETWEEN ANOK>,--qTRKF.1 AND FRIDLEY STREET TO ADD 30' TO
THE NORTH/SOUTH DIMENSION OF LOT 1, BLOCK 2, OAK GROVE ADDITION TO FRIDLEY PARK,
MAKINg IT A BUILDABLE SITE:
MOTION by Councilman Breider to waive the reading of the Public Hearing Noticc .
Seconded by Councilman Utter. Upon a voice vote, all voting aye , Mayor Liebl
declared the motion carried unanimously and the Public Hearing opened at 8:21 p.m.
Mr, Jim Nielson, addressed the Council and stated he was representing Mr. Gilbert
Me nkve ld.
Mr. Nielson said the addition was platted in 1880 and one of the oldest additions
in the City of Fridley. He said the street which the vacation request was submitted
for is 30 feet in width and had been vacated in the adjacent addition which is the
Rice Creek School Addition. Mr. Nielson said Lot 1, Block 2, of the Oak Grove
Addition is 40 feet in width and by vacating 67th Street , Mr. Menkveld will be
able to create a 70 foot lot. He said 67th Street has never been opened. He said
the elevation of the proposed street is from 902 to 863 in elevation, which would
make it impossible to construct a, street except by the installation of a bridge .
Mr. Nielson said it would be to the benefit of the City to vacate the street
as the people may someday request this bridge and it would be a considerable
expense to the City.
Mr, Nielson said the property owner is willing to give the lower portion of the
land to the City for park purposes.
Mr, Nielson said Mr. Menkveld is selling the property to his partner for the purposes
of him constructing hia home on this lot. He said he feels the house will be
a compliment to the neighborhood. He said the property discussed has been tax
delinquent twice in the past.
Mayor Liebl said he had questions about the information on page 2-A. The City
F.ngineer said the garage would be on the south side of the lot. He said he would
like to point out there had begq Qppos#tiop to the vacation by the people of the
ngtghborhood, The City Engineer said the letters €r9m the opposing neighbors
were I`n"the-Agenda.-`-- -------- -- _ _.
PUBLIC HEARING MECTINL OF JUNE 11, 1973 PAGE 8
Mayor Liebl said the opposition letters are self explanatory. He said there are
also letters from Mr. Darrel Clare, the Community Development Administrator and
also the City Attorney which offer explainations to the acquisition of park land
by vacation of a public easement. Mayor Liebl read a portion of the letter from
the City Attorney.
Mayor Liebl questioned if it would be an unbuildable site without this vacation?
The City Engineer said the property owner would have to receive some variances
if he wanted to build on a 70 foot lot. Mayor Lieht asked how close the property
would be to the park land. The City Engineer referred to the plan on page 2—A
of the agenda and said the park would be 15 feet from the property owners line.
Councilman Breider asked if there would be a home on the two lots. The City Engineer
said yes. Councilman Breider asked if the dwelling could be closer to the street
than the other homes in the neighborhood. The City Engineer said it would be farther
back because of the culdusac. Mayor Liebl questioned if the set back required a
variance. The City Attorney said this house is farther back than the house to the
south. Councilman Breider said this house would not line up with the other homes
on the street. The City Attorney said there is a problem with the elevation. He
said there are some steep banks.
Councilman Utter asked if there is any proposal to put the street in the easement
in the future. The City Engineer said he did not think the Council would like to
loose public property, that is being used at the present time.
Mayor Liebl asked the applicant which portion of the property would be used for
building purposes. Mr. Nielson said there would only be one foot of the proposed
home in the right of way area. He said the deed of Fridley Street had been given to
the City for a roadway into the creek. This had been done by Carl Sorenson, Mr.
Nielson said. He added, the property north of the culdusac is under the control
of the City.
Mayor Liebl said the Council had concurred with the ability to gain access to the
creek. He said there is Accessibility, but once the right to build is given, the
City would 1 oose iac, - .bibi i ! y.
Mr. Nielson said the creek is some 200 to 300 feet from the presently being discussed
property. He said if the access to the park is questioned, Fridley and Anoka Streets
have access to the creek. He said the only question at hard is if they should vacate
67th Avenue.
Councilman Nee said the only factor in favor of the City vacating the easement would
be the amount of taxes to be obtained by the construction of the home.
MOTION by Councilman Breider to close the Public Hearing.
Mayor Liebl said there people present who would like to be heard on the matter.
Mr. Gary Sodahl, 6689 Anoka Street N.E. , said the street easement is used by many
to exit and enter the park and creek area . He said the animals also come up from
the park and creek in that area. He said the trees come right up to the top of the
bank. He said he thought the matter would deserve very careful consideration. Mr.
Sodahl stated that a two story house would stick up above the other homes in the area
and destroy the rustic manner of the area.
The City Engineer said a Public Hearing should be set.
• MOTION by Councilman Utter to set a Public Hearing for June 11 , 1973 on the vacation
request by Gilbert Menkveld, SAV #73-05. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
JOLIC HEARING• CONSIDERATION OF A PROPOSED PLAT, P.S. #73-05, RY DARREL A. FARR
R§VELOPMENT CORPORATION: A REPLAT OF RLCOK 10, INNShRUCK �-ORTH TOVNHOUSE 1st ADDITION
The City Engineer said this had been taken care of and there was no action needed.
VACATION REQUEST SAV #73-08, DENNIS A RANSTROM: VACATE 20 FOOT UTILITY AND DRAINAGE
EASEMENT LIaE BETWEEN LOT 10 AND 11 , BLOCK 1 , RICE CREEK SCHOOL ADDITION , TO ALLOW
gONSTRUCTION OF A HOME ON TWO LOTS.
The City Engineer said a Public Hearing should be set for the vacation of the utility
and drainage easement.
MOTION by Councilman Starwalt to set a Public Hearing for June 11, 1973 for the vacation
request by Dennis A. Ranstrom, SAV #73-08. Seconded by Councilman Utter. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carried unanimoulsy.
BECMIENDATION FOR VACATION OF 67th AVENUE N. E BETWEEN FRIDLEY STREET AND STINSON
NZ&VARD,
Councilman Nee said he would speak in opposition to the vacation. He said as long
as the item would be considered he believed the other people who had not signed a
petition should be notified.
The City Attorney said the Council could petition the vacation, but it is uaually
done by the property owner.
The City Engineer said it could not be used as- a motor cycle route as it is being
used at the present time. He said when the area is a street easement, it cannot
be stopped.
Councilman Nee said this is contiguous- to the park land. He said he did not think
the City should vacate the property as they were talking about spending $2,000
for a small portion of land by Stevenson School.
Councilman Starwalt said item number two and item number four were related.
MOTION by Councilman Utter to receive the minutes of the Planning Commission Meeting
of May 9, 1973. Seconded by Councilman Breider. Upon a voice vote , all voting
aye, Mayor Liebl declared the motion carried unanimously.
Councilman Starwalt said in item number two the elevation which set the point of
vacation was 902 and just a block down it may not be a good elevation for such
a vacation,
Councilman Breider said if the people are not asking for the vacation, they should
not take any action.
UgUYING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL tEETING OF ME.Y 10, 1972;
gONSIDERATION OF A REQUEST TO CONSTRUCT A DUST COLLECTOR TO THE PRESENT B17ILDIIG
LQgATED aN LOT 26, BLOCK 2, CO*ZIERCE PARK, THE SA2E BEING 7521 COl^uERCE LANE N, Eu
FRLEY`MI'+�FSOTA RE UEST BY F P 0 l' TS 521 COki:';ERCE LAME N, E _ 1 RI_DLEY
MBOT111 .A 554123'.
t
R
r
Planning Commission Meeting - May 9, 1973 Page 3
Mr. Drigans asked Mr. Schlemmer if the grade would be the same for
this driveway as the adjacent property owner's. Mr. Schlemmer said it would.
Mr. Blair asked where the gas service was located. Mr. Schlemmer said
it was located on the side of the house along the proposed driveway, but he
would call the gas company and have the gas service moved.
NOTION by Harris, seconded by Blair, that the Planning Commission
close the Public Hearing on the request for a Special Use Permit, SP #73-02,
by Russell Schlemmer. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Drigans said that as all the driveways will be concrete, he didn't
feel this was unappealing.
Mr. Fitzpatrick said there were objections made to the obstruction
of an open area also. Mr. Clark said there were at least two detached
garages East of this area. Mr. Blair said' if the garage was moved forward
10 feet, this would help some.
Mr. Harris said he would prefer that Mr. Schlemmer maintain a five
foot side yard setback, even if this meansthe garage is 45 feet behind the
house. He said he thought there shouldbe stipulations that the drainage
plans be worked out with the City, a turn around must be provided for safety
on the driveway, and the garage should match the exterior of the house. Mr.
Schlemmer said he intended to do all these things. Mr. Harris said he still
thought they should still be stipulated so there were no questions. Mr. Harris
continued that he didn't think we would be setting any precedence as there
were other detached garages in the area, if we approve this request. This
is a means of keeping recreational vehicles from standing around in the yard.
NOTION by Drigans, seconded by Harris, that the Planning Commission
recommend to Council approval of the request for a Special Use Permit,
SP #73-02, by Russell Schlemmer, to construct a detached second garage on
Lots 5 and 6, Block 14, Spring Brook Park Addition, per City Code, Section
45.051, 2 A, with the following stipulations:
1. A proper drainage plan be worked out with the City.
2. The esthetics of the garage conform to the house.
3. Provide a proper turn-around in the driveway.
4. Maintain 5 foot side yard setback as specified on the plot
plan, the garage to be set back a maximum of 45 feet behind
the house.
5. The driveway to be at the same grade as the adjoining neighbor's.
UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
2. CONTINUED: VACATION REQUEST, SAV #73-OS, GILBERT MENKVELD: Vacate
public easement ori 67th Avenue N.E. between Anoka Street N.E. and
Fridley Street N.E. to add 30 feet to the North/South dimension of
Lot 1, Block 2, Oak Grove Addition to Fridley Park, making it a
buildable site.
Mr. Craig Willey and Mr. James Neilson, his attorney, were present.
Planning Commission Meeting - May 9, 1973 Page 4
Chairman Fitzpatrick said this item has been before the Parks & Recreation
Commission, the Plats $ Subdivisions-Streets $ Utilities Subcommittee, and
was continued at the last Planning Commission meeting.
Mr. Fitzpatrick said rather than have the petitioner make a complete
presentation one more time, I will ask the Commission to address any questions
they may have to the petitioner.
Mr. Willey said he was representing Mr. MenkveLd, the fee owner, and
himself, as the buyer of the property, and he had Mr. James Neilson, his
Counsel, with him who was prepared to answer questions also.
Chairman Fitzpatrick said the petitioner wants to vacate 67th Avenue
to make his property a buildable site. The problem is that the area being
vacated is about half usuable land and the other half is below the embankment
of the Creek. Mr. Willey has agreed to rededicate the land below the top
of the embankment back to the City for park purposes.
Mr. Clark said there were two questions brought up at the last meeting
that needed opinions from the City Attorney.
One question was if the City could vacate a street right of way and
retain all, or part of it, for park purposes, or would it be more legal
to let it revert back to the private owner of the land and obtain the re-
dedication from the property otwner. The answer to that question was that
we should definitely let it revert back to the owner of the property and get
the dedication from the property owner.
The second question was that if it is a dedicated street right of way,
could the City of Fridley prohibit its use to licensed motor vehicles even
though it is not open to traffic. Mr. Herrick answered that if the street
right of way is not being used for street purposes, it is under the control
• of the fee owners, probably the adjacent property owners, and they may use
the property as their own until the City decides to open the street. This
being the case, they could fence the right of way to prevent it from being
used by motorcycles, etc. Mr. Clark said he had talked' to Mr. Neilson and
there was a difference of opinion between the two attorney's. Mr. Neilson
feels that as this is a street right of way, the public has the right to
use it as a street right of way.
Chairman Fitzpatrick said this question came up because in discussing
the dedication of street right of way on 67th Avenue, it was stated that
the City had no intention of ever opening up this street, and did we have
the right to hold this dedication. It was felt that it should all be
vacated and revert back to the property owners.
Mr. Clark said he thought we should consider this vacation request
by itself. If the Planning Commission thinks more of 67th Avenue should be
vacated, then we could address letters to the property owners to see if it
was vacated, they would dedicate the property that is over the embankment
back to the City for park purposes, also.
Mr. Drigans asked if the property owner of Lots 29 and 30 would also
dedicate the land over the embankment back to the City for park purposes.
Planning Commission Meeting - May 9, 1973 Page S
•
Mr. Clark said Mr. Sodahl was at the last meeting, and indicated at that
time that he would do this also.
Mr. Sodahl, 6689 Anoka Street N.E. , said his original statement
was that he wanted to make sure this vacation was for all of 67th Avenue.
between Anoka & Fridley Street N.E. lie said he didn't make any statement
about dedicating any land back to the City and he hasn't made a decision
on this as yet. Mr. Fitzpatrick said that he wasn't sure that the
street right of way that reverted back to Mr. Sodahl 's property was over
the embankment. Mr. Sodahl said there would b; a problem determining what
is over the embankment. About 3/4 of the easement is level with his present
property and then there is a gentle slope. Mr. Fitzpatrick said we have an
elevation line of 902 feet we are using on Mr. Willey's property, but that
line may be different on you;
Mr. Neilson said he didn't have the benefit of tieing at th;: ius
Planning Commission meeting. There were a few points he would like to
lie said this was an old plat, that was platted in Dec(�,!bcr of 1886. In that
plat there was a road on tLe North -,ide that was ca'' 7 -d North Streit , and
at the end of the dedication clause, it stated, by the fee owners at that
time, that we hereby donate and dedicate to the public, use forever of all
streets, avenues and alleys as shown on said plat. Since that time, Block 3
has been replated into Rice Creek School Addition, and North Street, which
is presently 67th Avenue, was vacated. So approximately 300 feet of dedicated
street has already been vacated. I think it should also be noted that.
the owners of Lots 1, 2' and 3, of Block 2, in 1965 gave an easement to the
City for the cul-de-sac. From a practical sense, 67th Avenue N.E. cannot be
used as a street. There is an easement there for a public street. In my
opinion, this gives the public the right to use this for public passage.
We cannot force the City to put in a street, but we cannot stop the public
from using -it.
Mr. Neilson said he would like to give five reasons for vacating this
street easement. Anytime you vacate an easement it should be in the general
interest of the public. If you vacate this street, no one can ever come in
and request that they want a street here. So it 's a benefit to the City not
to have that problem. It would be a benefit to control the area. It is my
position that anyone could use this easement now as long as they weren't
creating a nuisance. It ti.ill you have a clear under-
standing from the property owner that he is going to convey the land .over
the embankment back to the City for park purposes. It will also be a benefit
to have a 70 foot tract of land to build on rather than a 40 foot site. This
will make it possible to build a much nicer home. It will also be a benefit
to the City in that this will then be taxable property. This lot has already
gone •tax forfeit twice.
Mr. Blair said in the minutes of April 18, 1973, Mr. Clark stated the
redwood deck would have to be shorted by five feet to meet the setback
requirements on the South side of the lot. Does the petitioner agree to this.
Mr. Willey said he had ne objection and had agreed to this. Mr. Blair said
you also have no objection to redicating land for park purposes. Mr. Willey
said the prpperty below the embankment would be more of a liability for me
• to keep. I have no practical use for it. There would be a maintenance probleim
and a problem of personal liability if anyone got hurt on this embankmant.
G
Planning Commission Meeting - May 9, 1973 Page 6
Chairman Fitzpatrick asked Mr. Clark that if the Commission voted
favorably upon this vacation request if they should include the other
lots along the Creek in the motion. Mr. Clark said he thought it should
be in two motions. He also felt that it shouldn't be vacated without
getting rededication back for park purposes on the area over the embankment.
Mr. Drevniak, 6684 Fridley Street N.E. , asked how many of the Commissioner
have seen this property. Chairman Fitzpatrick said most of the members
have been to the site.
Mr. Sodahl said that people use this easement to get down to the Creek.
He thought the avenue of travel would be seriously hindered by the vacation
of this easement. He said that in listening to the discussion, if the vacaticn
wasn't granted, a small house might be built on this lot, which wouldn't fit
into the area. If the vacation was granted, Mr. Willey wants to construct
a two-story house which he felt 'would also be a detriment to the areas of
one story homes. He wondered what his recourse was.
Mr. Harris asked Mr. Drevniak if he was aware this property had gone
tax forfeit. Mr. Drevniak said they purchased their home in August of 1971 ,
and until they had their lot surveyed to construct a garage, they thought
they had more property. The year they bought their home, they couldn't have
afforded to purchase an additional lot.
Mr. Harris asked Mr. Sodahl if he would be willing to dedicate the land
from the top of the embankment for park purposes also. Mr. Sodahl said this
would be difficult to answer at this time because he didn't know the elevations
of his slope.
Mr. Drigans asked Mr-Sodahl if he wasn't using part of this easement
for a garden. Mr. Sodahl said he has spent considerable time clearing off
dead trees, chunks of concrete someone had dumped on the easement, and other
debris from this area. He is presently trying to grow grass in this area
and a garden he has on his property is extended a small way on the easement.
Mr. Drigans said the second point Mr. Sodahl made was that there could
be a house constructed on this lot that would not conform to the existing
houses. Mr. Drigans asked Mr. Sodahl if he t'.r::ght the house at 6600 Fridley
Street was a conforming house. Mr. Sodahl said he was referring to houses
close to the proposed house. Mr. Drigans said the house referred to was in
the same block.
Mr. Harris said if this vacation was granted, it would make Lot 1 a
much more desirable building site, and the area would be cleaned up. He
said'he couldn't see any reason to retain an easement on any property the
City doesn't ever intend to use. Mr. Harris said he didn't know if the house
proposed was compatible with the houses in the area, but this was a matter of
judgement.
Mr. Drigans said a .portion of the Commission has never seen the plans
for this house.
Mr. Willey presented his plans to the Commission. He said the house
would have horizontal masonite siding and asphalt shingles, the same as the
Planning Commission Meeting - May 9, 1973 Page 7
• neighboring houses. Although it was two story, it would have a mansard
roof to lower the profile of the house. The garage would be in line with
Mr. Drevniak's house.
Mr. Harris said he would be more in favor of the vacation, if he
felt the house was more compatible to the other homes in the immediate area.
Mr. Lindblad felt that if someone were to build a house on the 40 foot
lot, they could build something that was a lot more incompatible with the
area.
Mr. Clark said the Commission could make a recommendation to the
Council that the street easement be vacated subject to the house plans
being approved.
MOTION by Harris, seconded by Lindblad, that the Planning Commission
recommend to Council approval of the vacation request, SAV 73-05, by Gilbert
Menkveld, to vacate hte public easement on 67th Avenue N.E. between Anoka
Street N.E. and Fridley Street N.E. to add 30 feet co the North/Soath
dimension of Lot 1, Block 2, Oak Grove Addition to Fridley Park, making it
a buildable site with the stipulation that all land below the elevation line
or 902 feet be rededicated back to the City for park purposes contingent
upon the stucture that is proposed for this lot be compatible to the area.
Mr. Sodahl said he could not agree to the 902 foot elevation line
on his lot because the elevation was different on Anoka Street.
Mr. Harris amended his motion, seconded by Lindblad, to read that
the petition would rededicate all the property lying below the crest
of the embankment whether it be street easement or not as determined
by the property owners and the City administration.
UPON A VOICE VOTE, all voting aye, the motion and amended motion carried
unanimously.
Mr. Blair said he felt the proposed house was compatible with the
area. Mr. Harris said he knew that was a matter of judgement, so we
will leave the decision to the City Council .
3. PUBLIC HEARING: CONSIDERATION OF A PROPOSED PLAT, P.S. #73-05, BY
DARREL A. FARR DE�'ELOPPfENT CORPORATION: A replat of Block 10, Innsbruck
North Townhouse 1st Addition.
Mr. Jim London was present.
MOTION by Drigans, seconded by Blair, that the Planning Commission
waive the reading of the Public Hearing notice of the proposed plat, P.S.
#73-05, by Darrel A. Farr Development Corporation. Upon a voice vote, all
voting aye, the motion carried unanimously.
Mr. Clark said when Block 10 was platted, the property lines were
Straight. The area between the garages was enl*arged because there were some
trees they wanted to save. A jog was put in the property line so the owner
will own the garage that goes with his townhouse.
Planning Commission Meeting - April 18, 1973 Page 9
r
Mr. French said he wants this building to store his boat and trailer and
some lawn equipment . He said this accessory building wouldn't be as high or
as large as a regular garage. Mr. French said he would be placing the building
on a cement slab. Because the building is metal it will be non-combustible.
Mr. Minish asked if Mr. French was going to have a driveway going to this
building. Mr. French said he didn't want a driveway. He has a lawn tractor
he intends to use to pull the boat and trailer to the front of the lot . He
said he had talked to two neighbors , Mrs . Bacter and Mr. Johnson, and they
have no objections to this building. He said all his neighbors have steel
storage sheds ,
Mr . French said he had to get a building this large to accommodate the
boat on the trailer. Mr. Erickson said this building is large enough to
accommodate a small car. Mr. Erickson asked Mr. Clark if the City would
allow this type of material to be used for a regular garage. Mr. Clark said
• it would depend upon the snow loads on the roof. Mr. French said the gauge
seems to be heavier on this shed than others he had looked at . He thought
it was because of the span. He said he didn't need this large of a building
but to get it long enough for his boat, he had to take the width.
Mr. French said the reason for the placement of the shed on the lot
was because he wanted it inaccessible from the street .
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
close the Public Hearing on the request for a Special Use Permit, SP #73-03,
by Richard French. Upon a voice vote, all voting aye, the motion carried
unanimously.
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
recommend to Council approval of the request for a Special Use Permit , SP
#73-03, by Richard French, to construct a second accessory building on the East
87 feet of the West 107 feet of the South 200 feet of Lot 1, Meloland Gardens,
per city code, Section 45 .051, 2A, with the stipulation that this building
not be used for passenger cars, and that the drawings Mr. French prese::ted
to the Planning Commission, Catolog No. 32KS66025M be the one used or its
equivalent . Upon a voice vote, all voting aye, the motion carried unanimously.
6. VACATION REQUESTSAV #73-05 BY GILBERT MENKVELD: Vacate the public
easement on 67th Av . , between Anoka Street N.E. and Fridley ,
Street N.E. , to add 30 feet to the North/South dimension of Lot 1,
Block 1, Oak Grove Addition to•Fridley Park, making it a buildable
site.
Mr. Craig Willey was present . `
Mr. Willey said he was representing Mr. Menkveld and himself, as buyer
of this property. Mr. Menkveld has requested the vacation of 67th Avenue
so that I can build a residential dwelling upon this lot for myself as my
personal residence . I have been before the Parks & Recreation Commission
and they have suggested that I dedicate the part of the easement from the
top of slope back to the City for park purposes . They said they had no
objection tp the vacation. The lot as it stands right now is not buildable.
' Planning Commission Meeting - April 18, 1973 Page 10
according .to the present standards . With the addition of the street which
I could use, I would have sufficient area to build my home.
Mr. Fitzpatrick asked if anyone from the City had been out to look at
the embankment. Mr. Clark said he had seen the site and also Ralph Volkman
I from the Park Department . He said the drawing.presented appeared to be
quite accurate.
Mr. Willey said he did not have a survey at the time he was before the
Parks & Recreation Commission but he has had one made which the Planning
Commission has .
Mr. Fitzpatrick asked how wide the property would be with the vacation.
Mr. Willey said it would be 70 feet at the Westerly most point . On the
Easterly point is where it meets the cul-de-sac so it is appreciably narrower.
Mr. Zeglen asked if there was a dwelling on Lot 30. Mr . Willey said
Mr. Sodahl has a home built on Lots 29 and 30. Mr. Willey said he had
talked to Mr. Sodahl earlier in the evening and he supports the request
for the vacation as this' would add open space to his yard.
Mr. Erickson asked why this came before the Parks & Recreation Commission.
Mr. Fitzpatrick said because of the general concern in not vacating City
property along the Creek.
Chairman Erickson said this is in a nature of a trade. The petitioner
gets the vacation and dedicates to the City the area beyond the slope as
park property, Mr. Fitzpatrick said we are concerned about keeping the
creek bank in public ownership.
Mr. Erickson asked Mr. Willey if he had drawings of the house he
proposed to build. Mr. Willey said he did. He said this would be a two-story
house with an attached garage. He would be using a mansard type roof to lower
the profile of the house so it would blend in better with the existing homes
on the block. He will use horizontal siding, the same as the other houses
in the area . The house will have a redwood deck which will serve as a large
play pen for his small children. Mr. Clark said the deck will be shortened
by 5 feet to the North to meet the sideyard setback requirement of 10 feet
on the South.
Mr. Fitzpatrick asked if this item was before the Plats & Subdivisions
Subcommittee. Mr. Harris said it was but on the vote for denial there were
two aye and two nay votes so it comes to the Planning Commission without a
recommendation.
Mr. Clark said he didn't know if the City can vacate a street right of
way and simply retain it for park purposes ,
\, Mr. Fitzpatrick said the Parks & Recreation Commission did not recommend
approval of the vacation, they just said they had no objections if the park
gets the rededication.
a
Planning Commission Meeting - April 18, 1973 Page 11
Mr. Dennis Drevniak, 6684 Fridley Street, said he objected to any
structure being built on this lot and thought it was an infringement upon
the wild area.
Mr. Gary Sodahl, 6689 Anoka Street, said his only objection was to a
two-story house.
Mr. Willey said the reason he went to a two-story house was so he would have
a large enough house for his needs and still maintain some open space on his
lot .
Mr. Harris said that if we don't grant the vacation, this lot will be
dead . It would be very difficult to build on as it is and meet the setback
requirements . It seemid to him that we either have to go along with the
vacation or the City may have to acquire the land. We would have to iron
out the park dedication.
Mr. Drevniak said that if this lot could not be built on, he would
like to buy it for an agreed upon price. Mr. Willey said there is no
agreed upon price because he wants to build his house on this lot .
Mr. Fitzpatrick said we had a two to two vote by the Plats & Subdivisions-
Streets & Utilities Subcommittee and a cautious statement from the Parks &
Recreation. Commission, and I think we should continue this item until we know
the legal ramifications .
Chairman Erickson said he didn't think there could be an intelligent
vote on the vacation request until evervone had seen the property.
Mr. Harris said one of the things he was concerned about and they
didn't get to this at the Subcommittee level, was that he knew you could
keep motor cycles , mini-bikes , snowmobiles and the like, off of park property.
Can you keep them off of public right of ways when there is no street there.
If this dedicated right of way was left as is , could they stop recreational
vehicles from using it . He said if they were licensed vehicles, he didn't
thijak there was a thing the City could do about it .
Mr , Fitzpatrick said he would like to see this vacation request continued
until it is determined if all of 67th Avenue should be vacated along the
embankment and how it could be handled.
• Mr. Minish asked the petitioner if he would consider building any other
kind of house. Mr. Willey said a one-story home would be too small and he
thought the house he proposed would blend into the neighborhood . A small
house wouldn't blend in with the neighborhood either . There are a variety
of grade changes in the area.
1.
Mr. Fitzpatrick said I don't think we have the right to deny this request
just because of the park consideration. There are other things to consider.
Mr. Clark said there have been several questions brought up here that I
would like to check with the City Attorney. One of the questions was if we
covld keep licensed recreational vehicles off a dedicated right of way.
Planning Commission Meeting - April 18, 1973 Page 12
MOTION by Minish, seconded by Harris, that the Planning Commission continue
vacation request, SAV #73-05, by Gilbert Menkveld, to vacate the public easement
on 67th Avenue N.E. , between Anoka Street N.E. and Fridley Street N.E. , to add
30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove Addition to
Fridley Park, until May 9, 1973, due to the number of questions that need
answers before a decision can be made. Upon a voice vote, all voting aye,
the motion carried unanimously.
Mr. Fitzpatrick said he wouldn't want this item back on the agenda until
we have answers to the questions. raised tonight,
Mr. Clark said he would talk to the City Attorney.
n
7 . VACATION REQUEST: SAV -73-06, RICHARD MILLER HOMES: Vacate the
West one foot of the Ea t 5 foot easement of Lot 10, Block 2, Briardale
Addition.
Mr. Clark said the hoU has been moved but he thought the vacation
should still be Processed j _ in case there was even an inch error, to protect
the future buyers of the he If a survey should show a small part of the
house was built on an easemtat it might be difficult to get a mortgage commitment
Mr. Minish said at the time the variance was granted for this house, they
did have letters from the three utility companies saying they had no objection
to the vacation being granted.
Mr. Harris said the Plats & Subdivisions-Streets & Utilities Subcommittee
recommended that the vacation be granted.
Chairman Erickson asked if this was a drainage easement also. Mr. Clark
said it was but they would still have nine feet.
MOTION by Minish, seconded by Harris, that the Planning Commission
recommend to Council approval of vacation request, SAV #73-06, Richard Miller
Homes, to vacate the West one foot of the East 5 foot easement of Lot 10,
Block 2, Briardale Addition. Upon a voice vote, all voting aye, the motion
carried unanimously.
8. REPORT ON RUSTY WATER
Mr . Minish said when we first started our discussion on the Comprehensive
Plan, I raised the question about what I believed to be a problem we had with
our water. I was told by Mr. Qureshi that we had all these iron removal plants
and that deesn't see to be the case . I'm sure we are not the only household
in Fridley to have problems with rusty water. It just seems to me that this
was a problem that should have a solution and as far as I'm concerned the
problem has not been solved. I cannot tell from the memo we have in our
agenda if we will ever be rid of the problem,
Mr. Fitzpatrick said it sounded like they were building something out
of parts they receive bit by bit. Mr. Minish said it sounded like we were
a second-rate municipality.
i
' Minutes of the Parks & Recreation Commission Meeting, March 26, 1973. Page 3
t
FRIDLEY YOUTH FOOTBALL ASSOCIATION (CON'T):
F,Y.F.A. is also helping to sponsor the Babe Ruth Baseball program. In 1972, there
were 120 boys registered to play baseball and they are anticipating from 150 to 180
boys will be playing with the Babe Ruth teams for 1973. The F.Y.F.A. has also
approved $716.00 in funds for introducing the farm system for 13 year olds .
For a couple of years, the F.Y.F.A. and the Parks and Recreation Department have
been trying to start a youth Basketball program, with the aid of the Senior High
Basketball coach, but there has been some difficulty with use of the facilities .
It is presently proposed that a meeting will be set with the School Board, and
hopefully the gymnasiums will be made available for use on Saturday mornings.
One request that Mr. O'Dell made on behalf of the Babe Ruth program, was that a
material called "agricultural limestone" be used in place of the regular infield
*pix, which could prevent some otherwise rained-out games . It would cost about
t" 30.00 and the F.Y.F.A. is willing to pay for this out of the money which is to
paid to the City for officials. The Commissioners said that they didn't see
an;; problem with this, but that Paul Brown should be consulted upon his return to
.he office.
The Commission turned their attention to the Agreement between the City and the
F.Y.F.A. Section #3 under the F.Y.F.A. 's responsibilities calls for the sponsoring
of a banquet to be held at the season's end. Due to the size of the group, this
has been changed to an annual awards night, and no food is served. Section #4
under the City's responsibilities calls for setting up of field trips, and the
F.Y.F.A. has not been taking theboys hese items belps for omittedthe fromast theseveral Agreementars,
so it was recommended that both
The Secretary will prepare the new agreement and mail it out for signatures.
MOTTON by B,QaiA, Seconded by StimmteA, to appkove the tecommendatti.onz o6 the Fti.deey
Youth Footbatt A.bbociati.oan to continue opeAati,ng the pnogAmn�, undeA the Aev.ized
AgAeement. The htotc.on eaAh,i
VACATION OF EASEMENT ADJACENT TO RICE CREEK.
Mr. Craig Willey was present to request the commission's permission to vac;4t,- the
alley easement at b7th Avenue, between Anoka and Fridley Streets, adjacent t., Rice
Creek. The easement is 30' wide and is partially at an angle where is drops off
to the Creek. Mr. Willey has purchased a lot and plans to build a home on it, but
due to the City codes and the location of the easement, will need to extend the
structure beyond the legal boundaries within his property line. The reason he
approached the Commission is that the property on the South side of the Creek belongs
to the Parks and Recreation Department, and the City has requested their approval
or recommendation on vacation of the easement.
Mr. Volkman recommended that Mr. Willey approach the Board of Appeals and request
special permission or variance in the code, rather than to vacate the alley. The
Commission felt there would be no problems, and agreed to honor the recommendations
of the Planning Commission and Board of Appeals, as long as it does not conflict with
any dedications or other committee action.
hIOTION 6 BQ,aiA Seconded b St&m,teA, to btate the Commi�s4ion'b o inion on the
va on o e ecteeme� on Ave)
.
e en no ail.
A e Str�ee s
as vin ►too e on —w the ,6 2tcon that �5ome aitnar. �nertit e ma eon tle
edi.catti.on 06 p�toneAty ae.ong the cA ek, and that it must be a -7eeab�e evi th of Q other
corr hZuees Ine MC-A.,tun CaAAC
r
CITY OF FRIDLEY
FLATS & SUBDIVISIONS-
STREETS & UTILITIES SUBCOMMITTEE MEETING APRIL 18, 1973 PAGE 1
CALL TO ORDER:
Chairman Harris called the meeting to order at 7: 05 P.M.
ROLL CALL:
Members Present: Harris , Engdahl, French, Meissner
Members Absent: Forster
Others Present: Darrel Clark, Community Development Administrator
APPROVE FLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES:
MARCH 15, 1973
Motion by Meissner, seconded by French, that the Plats & Subdivisions-
Streets & Utilities Subcommittee minutes of March 15, 1973 be approved as
written. Upon a voice vote; Aioting aye, the motion carried unanimously.
L L
r � 1 . VACATION REQUEST: AV #/3-05, GILBERT MENKVELD: Vacate public easement
to 67th Avenue'�T._E betwern—kIIoka Street N.E. and Fridley Street N.E. to
all 30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove
Addition to Fridley Park, to make it a buildable site.
jMr. Craig Willey was present .
Mr. Willey said he was also representing Mr. Menkveld. He said he was
' in the process of buying this property from Mr. Menkveld conditional upon
the vacation being granted so the site would be large enought to build a
home for himself.
Mr. French asked if there were any utilities on this easement . Mr. Clark
said there weren't any.
' Mr. Willey said this is an old plat and when 67th Avenue was drawn A
the plat, there wasn't any consideration given to the condition of the grade
along the right of way. He said he did Meet with the Park & Recreation
Commission and they said they had no objection to the vacation, but suggested
that I dedicate that part of the easement where the slope starts, back to the
City, for .park purposes . I need the part of the street right of way that can
be used, to give me a buildable site. The area below the slope is not needed
and I will convey that area back to the City for park purposes .
Mr. Willey said he had some rough drawings of the house he would like to
construct . Because it is a small lot, he said he wanted to construct a two-
story home . He said it will have a mansard roof and was so designed so it
would not be too out of character with the rambler-type homes in the area.
This home will be in the $40,000 category. If he had to build a one-story
home, it would be too small for his needs, and would be considered low-income
Plats & Subs -Str & Util Subcommittee Meeting April 18, 1973 Page 2
housing. He said the houses are staggered on this block, and he thought
this would soften the impact of this size home on this lot. Mr . Clark
said the garage of this house would be in line with the rambler next door.
Mr . Harris asked who owned Lot 30, which would be directly behind this
house. Mr. Willey said it was owned by Gary Sodahl . He said he had talked
to Mr. Sodahl, and he had no objection to the vacation. He said he thought
Mr. Sodahl would be here to speak for himself, but while Mr. Sodahl would be
using the easement as part of his yard as he owns both Lots 29 and 30, he will
need the easement to be able to build as he only has the one 40 foot lot. Mr.
Willey said Mr . Sodhhl was also willing to convey the right of way from the
slope for park purposes .
Mr. Harris asked if the owners of Lots 2 and 3 had any comments to make.
Mr. Harris said the Subcommittee did have a copy of the letter written by
the owner of this property, to the Planning Commission.
Mr. D. B. Drevniak, 6685 Fridley Street, said he felt the proposed structure
would be too close to the park area and infringe on the wild life in the area.
He said that where Mr. Willey wants to place his house on the lot, it wouldn't
be in line with his house or any of the houses on the block. It also is a two-
story house, which he feels would be out of character with the ramblers on
the rest of the block.
Mr. Clark said the house does meet all the setback requirements , except
one . The deck on the North side of the house would have to be shortened up
by five feet so the house can be placed 5 foot more from the South property
line so the South property line can be increased to the required 10 feet.
Mr. Engdahl said he questioned the size of the lot. Even if Mr. Willey
could use all the easement he would still only have a 70 foot lot . Mr. Clark
said this is an old plat and it could be built on with no variances required.
Mr . French said it will not meet the minimum requirement of 9,000 square
feet when the slope area is conveyed for park purposes .
Mr, Harris asked Mr . Drevniak if he had any suggestions on how this lot
could be utilized. Mr . Drevniak said he didn't think anything should be built
on this lot. It should be made a part of the park.
Mr. Harris asked if the elevation of Lot 1 was at about the same elevation
ss Lots 2 and 3. Mr. Drevniak said it was about the same. Mr. Harris said
it would be a buildable site then. He said the owner of the property has the
right to use this lot.
Mr. Gary Sodahl, 6689 Anoka Street, said he owned Lots 29 and 30. He
felt if a home was built on Lot 1, it would destroy the wilderness area.
Mr , Clark said the City has no desire to ever open up 67th Avenue. If the
vacation was denied, then the petitioner would have to go to the Board of Appeal[
to ask for a variance to build on a 40 foot lot. If this was denied, then the
City might be faced with a lawsuit for taxing a lot which we deny the use of.
Plats b Subs .-Str. 6 Util. Subcommittee Meeting April 18, 1973 Page 3
Mr. Willey said the conversation makes it sound like this house is
going to hang over the cliff. In no way is this the way it will be. The
house will be built to take advantage of the view. It will not be placed
to cause any large unusual appearance. He said that East of this property
you can find two-story homes and walkouts .
Mr. Drevniak asked what plans the City had for the park area. Mr. Clark
said there was no adopted plan for the development of this park. There has been
some talk of the County taking it over. On our part, it would probably stay
a nature area, with walking paths and nature trails .
Mr. Meissner asked why the cul-de-sac on Fridley Street didn't go through
to 67th Avenue . Mr. Clark said because of the grade on 67th Avenue, the City
has never planned to open this street .
Chairman Harris asked what the law was when a dedicated street was vacated.
Mr. Clark said it goes back to the property it was taken from originally. Mr.
Harris said that legally we couldn't dedicate the street for park purposes . Mr.
Clark said he thought the street would have to go back to the original property,
and if the property owners were agreeable, then they could dedicate it for
park purposes . We could retain part of the street right of way, but I don't
think that's the way we should go.
Mr . French said he felt that when the City has dedicated right of ways
that they have no use for, it should be returned to the property owners .
Mr . Meissner asked if Mr . Willey would have to get special approval to
build the home he proposes . Mr. Clark said there is nothing in the Building
Code to stop him from building the house he wants to construct .
Chairman Harris asked the neighbors if they have seen the plans for the
house and if that was their objection. Mr. Drevniak said he had not seen the
plans but thought any structure built on this lot would be too close to the
park.
Chairman Harris told Mr. Drevniak he should understand that legally the
City may not be able to deny him a permit on a 40 foot lot.
MOTION by French that the Plats & Subdivisions-Streets & Utilities
Subcommittee recommend to the Planning Commission approval of vacation request,
SAV #73-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue
N.E. between Anoka Street N.E. and Fridley Street N.E. , to add 30 feet to the
` North/South demension of Lot 1, Block 1, Oak Grove Addition to Fridley Park,
subject to the area below the top of the bank being retained for park purposes,
and if that is not approved, the City retain the easement for park purposes .
THE MOTION DIED, for lack of a second.
Chairman Harris said that he didn't like to continue this request, but
he Wondered if the petitioner and the neighbors couldn't get together and iron
out some of their points of difference. He said the size of the proposed house
seems to be one of the problems . Mr. Willey said that because of the setback
4
+ Plats & Subs -Str & Util Subcommittee Meeting April 18, 1973 Page 4
requirements and the change of elevation on this property, to build a one-story
home on this lot would come in the category of low-income housing and this
would not fit in with the homes in the area either.
Mr. Meissner said it might be possible to get some variances of the
setback requirements so a different type home could be built on this property.
Mr. Drevniak said he would be agreeable to buying this lot for an amicable
price. Mr. Willey said the property is valuable to him as a building site,
but if the vacation is denied and the property could not be built upon, the
"fair" price for an unbuildable site would not be the true value of the
property as far as he's concerned .
• MOTION by Meissner, seconded by Engdahl , that the Plats & Subdivisions,
Streets & Utilities Subcommittee recommend to the Planning Commission denial
of vacation request SAV #73-05, by Gilbert Menkveld, to vacate the public
easement on 67th Avenue N.E. between Anoka Street N.E. and Fridley Street N.E.
to add 30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove
Addition.
Chairman Harris called for a roll call vote . Meissner and Engdahl, aye,
Harris and French nay.
Mr. Clark said the Subcommittee could pass this vacation request on
to the Planning Commission without a recommendation.
2. VACATION REQUEST: SAV #73-06, RICHARD MILLER HOMES: Vacate the West
one foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition.
Mr. Clark said this is a five foot utility easement and we have letters
from the three utility companies that they have no objection to this vacation.
The house that was encroaching on the easement has been moved. In case there
is even a three inch error, I think this vacation should be given to protect
the future buyers of the home.
Mr. French asked if the City had any objection to this easement being
vacated. Mr. Clark said there was no objection.
MOTION by French, seconded by Meissner, that the Plats & Subdivisiods-
Streets & Utilities Subcommittee recommend to the Planning Commission approval
of vacation request, SAV #73-06, by Richard Miller Homes , to vacate the West
one foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition.
Upon a voice vote, all voting aye, the motion carried unanimously.
3. CONSIDERATION OF A PROPOSED PLAT P.S. #73-05 BY DARREL A. FARR DEVELOPMENT
CORPORATION: A replat of Block 10, Innsbruck North Townhouse 1st Addition.
Mr. Jim London was present.
Mr. Clark said that on the original plat, the lot lines were straight
on this block. They have built the garages in such a way that there will have
to be a jog line to accommodate the garages . Administratively, we have no
COUNCIL MEETING OF APRIL 2. 1984 PAGE 4
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 8:08 p.m.
MOTION by Councilman Schneider to receive petition No. 3-84 in opposition
to this vacation. Seconded by Councilman Hamernik. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
Mr. Flora, Public Works Director, stated the purpose of this vacation
request is to make a new building site at 6994 Fridley Street. He stated
there are currently two cul-de-sacs in the area, one on Anoka Street and
one on Fridley Street and this property would abut the existing cul-de-sac
on Fridley Street and the vacation of the 30 foot platted 67th Avenue.
Mr. Flora stated all the utility companies were contacted and Northern
States Power is requesting a five foot utility easement along the south and
east property lines of Lot 1, Block 2 and they will then move their line to
that easement. Mr. Flora stated the City would like a ten foot easement
along the south and west boundaries to leave open the option of putting in
a water line from Fridley Street to Anoka Street to provide a future loop
to that system.
Mr. Flora stated the Planning Commission recommended approval of this
variance with stipulations regarding the easements and the vacated portion
of the property be combined with Lot 1 , Block 2, Oak Ridge Addition and
recorded with the County.
Mr. Curt Larson stated he is in the process of purchasing this property,
with the option that he can build on the lot.
No persons were present who circulated or signed the petition opposing the
vacation.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 8:15 p.m.
3. PUBLIC HEARING ON STREET IMPROVEMENT PROJECT ST 1984-1 ADDENDUM #2:
MOTION by Councilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Hamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 8:16 p.m.
Mr. Flora, Public Works Director, stated this is a petition to amend the
street improvement project ST 1984-1 to include 66th Avenue from the
cul-de-sac to Arthur Street and Creek Park Lane from Central Avenue to
Arthur Street.
Mr. Flora indicated that the total estimated cost of this street
improvement is $270,894.
Mr. Flora stated the cost for Mr. Brickner's plat on 66th Avenue is
estimated at $4,477.43 per lot for the street and $720.00 per lot for the
storm sewer, the estimated cost per lot on Creek Park Lane is $5,468.00 for
the street and $720.00 for the storm sewer and the lots on Arthur Street
would pay only for the storm sewer at an estimated cost of $720.00 per lot.
COUNCIL MEETING OF APRIL 2, 1984 PAGE 3
Councilman Schneider stated he would like to attach a timetable as to when
the park facilities would be available to residents in the area.
Mr. Qureshi stated the City is presently negotiating with the owner for
acquisition of the property; however, the City does have the right of
eminent domain, but would prefer working with the owner and this may take a
little longer period of time.
Councilman Schneider stated he didn't want to get into a situation where
the school is torn down and the recreational facilities are gone and the
land for park purposes isn't under the City's control so there would be
several years of waiting for these recreational facilities to be completed.
Mr. Qureshi stated he felt the most they would be looking at is next year
and didn't feel it would go beyond that date before the recreational
facilities are available.
Mr. Joe Menth, 1388 66th Avenue, stated the fences around the tennis courts
have been taken down. He stated he also had a concern regarding the
assessments.
Mayor Nee suggested to Mr. Menth his concern on the assessments be
discussed this evening under the item of the public hearing on the
improvements.
Mr. Myron Ostlund, 1400 66th Avenue, stated his concern is primarily where
the roadway will be constructed in respect to the end of his lot.
Mr. Flora, Public Works Director, stated the roadway is all on the Gena-Rae
property and wouldn't be on Mr. Ostlund's lot.
Councilman Schneider asked Mr. Ostlund if he had any plans in the future of
splitting his lot. Mr. Ostlund stated he felt, at this time, he would like
to maintain the large lot.
Councilman Schneider questioned why the fences and the recreational
facilities at Rice Creek School were being torn down.
Mr. Flora stated the Parks and Recreation Commission had recommended that
the Parks and Recreation Department remove all the recreational equipment
at the school property.
Councilman Schneider stated he felt ths action should have been concurred
with by the Council before any removal of these facilities began.
No other persons in the audience spoke regarding this plat.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the pub is hearing closed at 8:08 p.m.
2. I I VACATION E A _011 VACATE 67TH AVENUE
ADJAMT TO LOT 1, BLOCK 2, OAK VE
BP
RECEIVI G PETITION Np 3-84 IN OPPOSITION TO VACATION REQUEST:
MOTION by Councilman Hamernik to waive the reading of the public hearing
COUNCIL MEETING OF A_PRTL• 2, 1984 PAGE 7
Mr. Roy DeMars, 1464 Mississippi Street, questioned what lots would be
assessed.
Mr. Qureshi stated only the lots shown on the map would be assessed and
thes would be the lots in Mr. Brickner's and Mr. Blomberg's plats plus the
other five lots on 66th Avenue. Mr. Qureshi stated that Mr. DeMars
wouldn't be assessed for this improvement.
No other persons in the audience spoke regarding this proposed improvement.
MOTION by Councilman Schneider to continue the public hearing until the
next regular meeting. Seconded by Councilman Fitzpatrick. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
4. PUBLIC HEARING ON WATER AND SEWER PROJECT #145:
MOTION by Councilman Schneider to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Hamernik. Upon
a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously and the public hearing opened at 9:10 p.m.
Mr. Flora, Public Works Director, stated this hearing is for the water and
sanitary sewer portion of Mr. Brickner 's and Mr. Blomberg's plats. He
stated the estimated cost of this improvement is $237,344.
Mr. Flora stated the estimated cost for water and sewer laterals on 66th
Avenue is $4,834.58 per lot; the estimated cost on Arthur Street is
$4,296.00 per lot; and the estimated cost on Creek Park Lane for Mr .
Brickner's portion is $5,428.00 per lot.
Mr. Flora stated the cost on Creek Park Lane for Mr. Blomberg's plat is
$2,900 per lot for sewer lateral only on two of the lots in this proposed
plat as they have previously been assessed for water laterals . The
estimated cost for water and sewer laterals for the remaining lots is
$6,628.58 per lot.
Mr. Flora stated, in the proposed park segment, one-half of the cost of the
water and sewer laterals will be assessed to the proposed park property in
an estimated amount of $20,850.00 and, on the north side, the estimated
cost of water and sewer laterals is $4,170.00 per lot.
Mr. Flora stated the project calls for the extension of sewer and water on
66th Avenue from the cul-de-sac to Arthur Street and on Creek Park Lane
from Old Central to Arthur Street completing a full waterloop.
Mayor Nee stated he felt the developers would have to review these figures
to see if they wish to proceed with the developments.
No persons in the audience spoke regarding this improvement.
MOTION by Councilman Schneider to continue the public hearing until the
next regular meeting. Seconded by Councilman Hamernik. Upon a voice vote,
all voting aye, Mayor Nee declared the motion carried unanimously.
ODUNC'IL MEETING OF ARIL. 2. 1984 PAGE 8 j
OLD BUSINESS•
5. ODNSIDERATION OF APPOINTMENT TO THE ENERGY COMMISSION (TABLED 3/26/84) :
MOTION by Councilman Schneider to table this appointment to the Energy
Commission. Seconded by Councilman Barnette. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
6. ORDINANCE NO 811 RECC)DIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 508
ENTITrF�g. "PARKS AND PARKWAYS", SECTION 508.21.3:
Mayor Nee stated last week there was an amendment proposed to eliminate
"Commons Park" from this ordinance and the Council has received a memo from
the staff regarding why Commons Park was retained in this ordinance.
Mayor Nee asked if there was a motion to delete the amendment and include
Commons Park in this ordinance. There was no action by the City Council to
change their action from the last meeting.
MOTION by Councilman Schneider to waive the reading and adopt Ordinance No.
811 on the second reading an order publication. Seconded by Councilman
Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
NEW BUSINESS: Cln-���AVZ
7. CONSIDERATION FIRST F RD E
AnJACEN!' TO LOT 1, BLOCK 2, OAK GROVE ADDITION (SAV #84-01)
MOTION by Councilman Schneider to waive the reading and approve the
ordinance upon first reading. Seconded by Councilman Barnette. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
8. RECEIVING CHARTER (Y"ISSION MINUTES OF FEBRUARY 27, 1984:
MOTION by Councilman Schneider to receive the minutes of the Charter
Commission Meeting of February 27, 1984. Seconded by Councilman Hamernik.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
9. RECEI INGG BIDS ANp AWARDING CONTRACT FOR REPAIR OF WELLS S 6 AND 8 (BID
OPENING 3/21/84) :
AM
CONSIDERATION OF CHANGE ORDER #1. REPAIR AND MODIFICATION TO WELL NO 6•
MOTION by Councilman Hamernik to receive the bids for repair of Wells No. 6
and 8.
LAYNE BERGERSON--
MINNESOTA CASWELL
Bid 5% 5%
Bond United Pacific St. Paul Fire/Marine
COUNCIL. MEETING OF APRIL 16, 1984
Mr. Blomberg, 1661 Camelot Lane, stated the estimated f igures are over
$2,000 a lot higher for this property than Mr. Brickner's because of the
additional fill needed for the roadway.
Mr. Qureshi, City Manager, stated once the bids are received, it is hoped
some agreement may be reached in order to proceed with Mr. Brickner's and
Mr. Blomberg's developments.
INION by Councilman Schneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 7:55 p.m.
2. OON INUED PUBLIC HEARING ON WATER AND SEWER PROJECT #145 (FROM 4/2/84) :
Mayor Nee reopened the public hearing on this project at 7:55 p.m. which was
continued from the April 2, 1984 Council meeting.
Dr. Dennis Rens, Superintendent of Schools, stated the concern of the School
Board is the sale of the Rice Creek School property in a timely manner, as
the sale of this property is part of their long-range financial plan.
Mayor Nee stated the bids would be ordered so actual costs will be received
and the developers would then know what their costs would be and a
determination made if they wish to proceed. Mayor Nee stated the City would
also be paying quite a sum for the park and its share of the street
improvement.
Mr. Qureshi, City Manager, stated the City desires to develop this area and
felt the proposed plan is good. He felt if the developers are satisfied
with the costs, it would be a nice development.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 7:56 p.m.
3. PUBLIC WARINGT A - TE THE 12 FOOT, EY
AND E OF GUMhWD BLOCK 6, ONWAY, Y DISPLAY
ARTS, INC.:
MOTION by Councilman Hamernik to waive the reading of the public hearing
notice and open 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 opened at 8:00 p.m.
Mr. Flora, Public Works Director, stated this is a request to vacate the
existing alley and the portion of Gumwood Street remaining north of 77th.
He stated the utility companies were contacted regarding this proposed
vacation and Northwestern Bell requires an easement down the alley;
Minnegasco requires an easement over the westerly one-half of all that part
of Gumwood Street proposed to be vacated; and Northern States Power would
like to retain some access on Gumwood Street in order to maintain their
lines in the area.
Mr. Flora stated the Planning Ccnunission has recommended approval of this
vacation request with seven stipulations. These were outlined by Mr. Flora
-3-
ODUNCIL MEETING OF APRIL 16, 1984
as noted in the minutes of the Planning Commission meeting of March 14,
1984.
MOTION by Councilman Hamernik 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
8:05 p.m.
01D BUSINESS:
4. ODN.SmFRATION OF APPOINTMENT TO THE ENERGY OMISSION (TABLED 4/2/84)
MOTION by Councilman Barnette to table this item. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
5. ORDINANCE NO, 812 TO VACATE 67TH AVENUE N E ADJACENT TO LOT 1, BLOCK 2, OAK
GROVE ADDITION (SAV #84-01) (FIRST READING 4/2/84) :
Mr. Flora, Public Works Director, stated there was a petition to vacate 67th
Avenue between Fridley and Anoka Streets and this vacation is to be added to
Lot 1 of Block 2, Oak Grove Addition.
Mr. Flora stated there were stipulations associated with this vacation to
provide a five foot utility easement along the east property line of Lot 1,
Block 2 and a ten foot utility easement along the southerly and westerly
boundaries. He further stated the vacation was subject to receipt of the
survey and the vacated portion of 67th be combined with Lot 1, Block 2, Oak
Grove Addition and recorded with the County.
Councilman Schneider asked if a structure can be constructed to meet all the
code requirements.
Mr. Flora stated the petitioner, Mr. Larson, is aware of the setbacks
required and the home proposed to be built will not require any variances.
Mr. Larson, the petitioner, stated the home would be an energy efficient,
probably a bi-level dwelling, meeting all the code requirements.
Mr. & Mrs. Drevniak, 6684 Fridley Street, were present regarding this
vacation request and indicated this was the first time they saw the proposal
on how the home would look.
MOTION by Councilman Schneider to waive the reading and adopt Ordinance No.
812 on second reading and order publication. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Mr. Qureshi, City Manager, stated he assumes the petitioner would provide
all the necessary easements needed on the property before the building
permit is issued.
Mr. Larson also requested the water loop line be installed as soon as
possible.
-4-
COUNCIL MEETING OF APRIL 16. 1984
as noted in the minutes of the Planning Commission meeting of March 14,
1984.
MOTION by Councilman Hamernik 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
8:05 p.m.
OLD BUSINESS:
4. CONSIDERATION OF APPOINTMENT TO THE ENERGY COMMISSION (TABLED 4/2/84) :
MOTION by Councilman Barnette to table this item. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
5. ACENT TO LOT 1, BLOCK 2, OAK
GFOVE T -
Mr. Flora, Public Works Director, stated there was a petition to vacate 67th
Avenue between Fridley and Anoka Streets and this vacation is to be added to
Lot 1 of Block 2, Oak Grove Addition.
Mr. Flora stated there were stipulations associated with this vacation to
provide a five foot utility easement along the east property line of Lot 1,
Block 2 and a ten foot utility easement along the southerly and westerly
boundaries. He further stated the vacation was subject to receipt of the
survey and the vacated portion of 67th be combined with Lot 1, Block 2, Oak
Grove Addition and recorded with the County.
Councilman Schneider asked if a structure can be constructed to meet all the
code requirements.
Mr. Flora stated the petitioner, Mr. Larson, is aware of the setbacks
required and the home proposed to be built will not require any variances.
Mr. Larson, the petitioner, stated the home would be an energy efficient,
probably a bi-level dwelling, meeting all the code requirements.
Mr. & Mrs. Drevniak, 6684 Fridley Street, were present regarding this
vacation request and indicated this was the first time they saw the proposal
on how the home would look.
MOTION by Councilman Schneider to waive the reading and adopt Ordinance No.
812 on second reading and order publication. Seconded by Councilman
Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion
carried unanimously.
Mr. Qureshi, City Manager, stated he assumes the petitioner would provide
all the necessary easements needed on the property before the building
permit is issued.
Mr. Larson also requested the water loop line be installed as soon as
possible.
-4-
COUNCIL MEETING OF APRIL 16, 1984
Mr. Blomberg, 1661 Camelot Lane, stated the estimated figures are over
$2,000 a lot higher for this property than Mr. Brickner's because of the
additional fill needed for the roadway.
Mr. Qureshi, City Manager, stated once the bids are received, it is hoped
some agreement may be reached in order to proceed with Mr. Brickner's and
Mr. Blomberg's developments.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 7:55 p.m.
2. CONTINUED PUBLIC HEARING ON WATER AND SEWER PROTECT #145 (FROM 4/2/84) •
Mayor Nee reopened the public hearing on this project at 7:55 p.m. which was
continued from the April 2, 1984 Council meeting.
Dr. Dennis Rens, Superintendent of Schools, stated the concern of the School
Board is the sale of the Rice Creek School property in a timely manner, as
the sale of this property is part of their long-range financial plan.
Mayor Nee stated the bids would be ordered so actual costs will be received
and the developers would then know what their costs would be and a
determination made if they wish to proceed. Mayor Nee stated the City would
also be paying quite a sum for the park and its share of the street
improvement.
Mr. Qureshi, City Manager, stated the City desires to develop this area and
felt the proposed plan is good. He felt if the developers are satisfied
with the costs, it would be a nice development.
MOTION by Councilman Schneider to close the public hearing. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearing closed at 7:56 p.m.
3. PUBLIC gEAUING ON VACATION REQUEST. SAV #84-02. TO VACATE THE 12 FOOT ALLEY
AND BALANCE OF GUMGVOQD S'T'REET SOUTH OF LOT 11, BLOCK 6, ONWAY, BY DISPLAY
AR'T'S. INC. :
MOTION by Councilman Hamernik to waive the reading of the public hearing
notice and open 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 opened at 8:00 p.m.
Mr. Flora, Public Works Director, stated this is a request to vacate the
existing alley and the portion of Gumwood Street remaining north of 77th.
He stated the utility companies were contacted regarding this proposed
vacation and Northwestern Bell requires an easement down the alley;
Minnegasco requires an easement over the westerly one-half of all that part
of Gumwood Street proposed to be vacated; and Northern States Power would
like to retain some access on Gumwood Street in order to maintain their
lines in the area.
Mr. Flora stated the Planning Cmtmission has recommended approval of this
vacation request with seven stipulations. These were outlined by Mr. Flora
-3-
(Official Publication)
ORDINANCE NO.812
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 ordain as follows:
SECTION 1. For the vacation of a
street easement described as follows:
67th Avenue adjacent to Lot 1,Block
2,Oak Grove Addition.
All lying in the North Half of Sec-
tion 13, T-30, R-241 City of Fridley,
County of Anoka,Minnesota,
SECTION 2.The said vacation has
been made in conformance with Min-
nesota Statutes and pursuant to Sec-
tion 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
APRIL,1984.
WILLIAM J.NEE
ATTEST: Mayor
SIDNEY C.INMAN
City Clerk
Public Hearing:April 2,1984
First Reading:April 2,1984
Second Reading:April 16,1984
Publish:.April 25,1984
(Week of April 23,1984)-FRID 4A
ORDINANCE NO. .--
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 Council of the City of Fridley do ordain as follows:
SECTION 1. Ly
vacation of
d as f9llows:
ng in the h�a� du4,. 73, T-30, R-24,
City of Fridley, County of Anoka, Minnesota.
`Be arrd_4s---he-reby vacated excegjt. a - t+w 6+tj"f Fridley
�1ret���►-s--�-s��ti�t°...foY ....
SECTION 2. The saj'id 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 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
1984.
a W� MAYOR - WILLIAM J. NEE
�'rl ATTE S%P
So
CITY CLERK - SIDNEY C. INMAN
�0 Public Hearing:
l
First Reading:
Second Reading:
— 2
Publish. . . .
� �� n -
r
I
ORDINANCE NO.
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 ordain as follows:
SECTION 1. For the vacation of a street easement described as follows: 67th
Avenue adjacent to Lot 1, Block 2, Oak Grove Addition.
All lying in the North Half of Section 13, T-30, R-24, City of
Fridley, County of Anoka, Minnesota
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 DAY OF
1984.
WILLIAM J. NEE - MAYOR
ATTEST:
SIDNEY C. INMAN - CITY CLERK
Public Hearing: April 2, 1984
First Reading: April 2, 1984
Second Reading:
Publish:
2/8/6/21
FINANCE NO, 812
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE SZRF.E'l5 AND ALLEYS AND TO AMEND APPENDIX C OF THE
CITY CODE
The City Council of the City of Fridley does ordain as follows:
SECTION 1. For the vacation of a street easement described as follows: 67th
Avenue adjacent to Lot 1, Block 2, Oak Grove Addition.
All lying in the North Half of Section 13, T-30, R-24, City of
Fridley, County of Anoka, Minnesota
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 OOUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
APRIL , 1984.
WILLIAM J. NEE - MAYOR
ATI'FST:
SIDNEY C. IMIAN - CITY CLERK
Public Hearing: April 2, 1984
First Reading: April 2, 1984
Second Reading: April 16, 1984
Publish: April 25, 1984
2/8/6/21
/I
CITY OF FRIDLEY
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
Aifal' TELEPHONE ( 612)571 -3450
CITY COUNCIL
ACTION TAKEN NOTICE
Curtis Larson
6370 Madison Street N. E.
Fridley, Mn 55432
Dear Mr. Larson:
On April 16, 1984 the Fridley City Council officially
approved your request for Vacation SAV #84-01 to varat,P 67th AypnuP to make a building
with the stipulations listed below. site at 6994 Fridley Street N.E.
1. Provide drainage and utility easements over, under, across and through
Lot 1 , Block 2, Oak Grove Addition, described as follows:
A. The Easterly 5 feet of said Lot 1 , and
B. The blest eet of said Lot 1 , and
C. The South 10 feet of said Lot 1.
If you have any questions regarding the above action, please call the Planning
Department at 571-3450.
Sincerely,
'JAMES L. ROBINSON
PLANNING SPECIALIST
JLR/de
Please review the noted stipulation, sign the statement below, and return one
copy to the City of Fridley.
Concur with action taken. ?