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SAV85-06 CITY OF FRIDLEY REZONING RF011EST ;'-e0A # 58 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 VACATION REQUEST 9V # 514 1165-ot, r (612)571-3450 PLATTING REQUEST P.S. # MUEST FEE PARK FEE RECEIPT # SCHEDULED PLANNING CDMMISSION MEETING DATE I SC H MULED CITY COUNCIL MEETING DATE PROPERTY INFORMATION Q PROPERTY ADIRFSS LFLAL DESCRIPTION: LOT BLOCK TRACT/ADDITION S l/ i- �'!— 1 J P_S O �t PRESENT ZONDC V \ RBZUFSTED ZONING 0 /' REASO14 FOR RB�UEST: A site plan showing the proposed future use is required for all rezoning. ************************************************************************************ OWNER INFORMATION NAME (please print) PO L L�'a/C,Q PHC NE # ADIRESS SIGNATUREi � , �o- C(,'2 DATE *********** ************************************************************************ PETITIONER INFORMATION NAME (please print) A A-� �7 S Iq 0-0 (/1` PHONE # ADIRESS SIGNATURE DATE PLANNING COMtiISSION APPRCVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIRMATIONS: The petitioner hereby understands that: 1. The City wili notify all residents and owners of property within 350 feet (rezoning) or within 300 feet (platting) of said property. 2. This application must by signed by all owners of the property, or an explanation given wiry this is not the case. 3. Responsibility for any defect in the proceedings resulting frau the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of proposed structure, and front and rear setbacks. Landscaping if appl icabl e Street names Loca ti on and use of adjacent existing buildings within 350 feet. -- .> - ; 59,30 - Sidft (�lf30 ; 1 55- --}� s .. ` $52 o d'S 5534 ` - V 5516 8 A --�, . ,„ � 5517 S5/o n � r �� � 116 , N N, a ,,� / . 9 _ Q a� 9N Ss93 + � r� a A I �� 5sll rwr..., ~#�--n as 'j.s•.r • Jer•- lis y.n s. �� t � � iv '���� �.� �• � �`fl .._fits...-. w. •! r,�FroT_.._ `.L^�07._._. �-O � ,/ 1� �I� . 00 i.. z , �. 7 u �vg— /O�Ov4N >_ • 1366 r � �ti rfl ' � I t+�y4,v1 ' 4 /44. . -- d . Z spy p 9 i O ti 1 _ 4for m �j HIG� Y •. ~— John B. Pollard _ L SAV #85-06 N 1 sv OF r ,. rr a s j s 7 537,5 1 ^moi 'Y 5�3, 1 NMX'Ill � /t7 3f 1337 �t 136111 /34S 1371 1375 138 cnB UC .5343 fdi mss S is _ ai SKYWOOD LANE 4S7 F _ i I esg �. ►s /3fv z »°O � '`� •�' ' 3,•�� / 3t i a t S 3 „`l a' .�., saa a , ?9 3S7 �1G 3 ' I�J i >r ILO , �7 ze 523- r%VENUE All je �6 LOCATION MAP 1G City Council 12/18/85 MAILING LIST SAV #85-06 John B. Pollard John B. Pollard 1385 Skywood Lane N.E. Fridley, MN 55421 Thomas R. Albers 1390 Skywood Lane N.E. Fridley, MN 55421 Clarence Engebretson 5376 Matterhorn Drive Fridley, MN 55421 A. K. Niemi 5368 Matterhorn Drive Fridley, MN 55421 Robert J. Oulicky 5332 Matterhorn Drive Fridley, MN 55421 1E RESPONSES FROM UTILITY COMPANIES FOR SAV #85-06 AND SAV #85-07 NSP - Larry Benson SAV #85-06 - Retain easterly 10' for joint NSP, Northwestern Bell and CATV overhead line. SAV #85-07 - No objections. Northwestern Bell - J. L. Thistle See attached 1 etter. (� S Ahee Minnegasco - William Schram SAV #85-06 - No objections. SAV #85-07 - No objections. Storer Cable - Keith Hennek SAV #85-06 - Retain easterly 10' for joint NSP, Northwestern Bell and CATV overhead line. SAV #85-07 - No objection. November 26, 1985 Dear Utility Company: We have a vacation request, SAV #85-06, by John B. Pollard at 1385 Skywood Lane N.E. , to vacate the unused Johnson Street dedication lying north of Skywood Lane and south of I-694. If you have utilities in this easement and this vacation would have an adverse effect on this easement, please notify the City of Fridley Planning Department at 6431 University Avenue N.E. , Fridley, MN 55432. Minnegasco has no facilities within the above described area proposed to be vacated and has no objection to its vacation. Thanks for the advance notice. Mn r' A Company of Diversified Energies, Inc. William R. Schram Administrator — Real Estate 612-343-7019 700 West Linden Avenue Minneapolis. Minnesota 55403 Northern States Power Company RSP North Division 4501 68th Avenue North Brooklyn Center,Minnesota 55429 Telephone(612)566-9120 December 10, 1985 Mr. Jim Robinson Planning Department City of Fridley 6431 University Ave. NE Fridley, MN 55432 RE: VACATION REQUEST SAV #85-06 Dear Jim: In regard to the above mentioned vacation request, Northern States Power Company requests that the easterly 10 feet of the easement be retained for access to, and maintenance of, our existing facilities in that easement. Sincerely, Larry Benson Staff Assistant Northern States Power Company NORTH DIVISION LMB/s DIRECTORATE 4F OF oc;.;D EL PUBLIC WORKS CSN f R1 DLEY MEMORANDUM -' TO: Nasim Qureshi PW85-380 FROM: John G. Flora,' Director of Public Works SUBJECT: Johnson Street Vacation - SAV X85-06 DATE: December 18, 1985 In 1970, the City vacated the southerly half of Johnson Street south of Skywood Lane, although the entire portion was requested. Subsequent to Ordinance #449, the City obtained a utility easement for the easterly 23 feet of the vacated portion. In 1976, the City vacated the remaining portion of Johnson Street between Skywood Lane and 53rd Avenue by Ordinace #612. At that time, we retained a 20 feet utility easement along the eastern portion. The City has a water line running from our high level reservoir to the north side of I-694 cutting diagonally across Johnson Street between Skywood Lane and I-694. Accordingly, if the Council decides to vacate Johnson Street per Vacation Request SAV X85-06, recommend the City retain a utility easement for the entire portion. JGF/ts r DIRECTORATE c _ OF C � �loo PUBLIC WORKS - =- f D CITYF MEMORANDUM � — _ _ 70: jorM G. Flora, Punilc works DIrector - Markrchza ,Asst. Public Works Director , (/ FROM: Clyde Moravetz, Engineering Administration SUBJECT: Vacation of Johnson Street Between Skywood Lane and 1494 DATE: January 9, 1966 Attached is a partial map of the Plat known as Subdivision of Lot 10, Aud. Sub. #94. As illustrated, Johnson Street was designated entirely from this subdivision. Normally, when streets are vacated, the property reverts to the original owner or the subsequent owner. It would appear that this vacated dedication of R/W would revert 100% to Lot 1 in this case. The City shouldn't get involved with underlying fee owners and who gets what. Covenants and the like from one plat to another could govern what would happen if certain designations are vacated now or in the future. CM/ts Attachments t � i ! 0 3N/7 �j% N1nOS' ONd HJI oi- /Z - ! NOSNNG, h r � O � o o }� N J w o o • ' h p 9s OP? 2 t •,� Ln to ► rA COMMMON APPLICATION REVIEW Department Planning Number Fite Date Meeting Data CITYOF 83 11/8/85 12/4/85 FRIDLEY File Address/Description SAV #85-06 COMPLETE REVIEW CHECKLIST Vacate unused street R.O.W. RETURN TO PLANNING n Jim COMMENTS JOHN �' * RETURN TO DEBBIE INSTEAD OF ROUTING TO NEXT PERSON [ODARREL LYDE MARK 1-4 1.,, f� � �C BUESHE LEON ��-z/ w - - J - P-a5grvoiie /S �c , 06= �_...� Ore . DOp Z-4,0,:5- oil= -4„vcoil= 69Y Th`/S VAc,FTS p S74C�T SU��/✓I Sid v © ` LoT /0� aO iT efts /G� � //P)Le7- SAV #85-06 , John Poliar-,d o ?,�+ ' it 3Ni Nl noS' Owb' N1 Z i ! o NOSNNG,rlll�- . ' TT • so fv� - .cz , • o 1 .C' oil �•_ � ' � 'h O I � : it O N O O � z I Q7 J .9s ot,z o I - 4• ll') b .J •. oo as 2 o bm i. low t, lop.. fAlf �� f., _ • ' a Val- wl ka- w ,w ! k � - 'a'. ! �r_ T , A... �e• ;x ��Y��Y �,fie 11 . }r�rt.r •, [¢ '� �l e� Asa + r � �t't � r. k � £`� {� ` � .. �•A 1. •*'{ ► �, [ !i '+ :�1I6 � �' " ;; .mow �:• + ry � 4p PLANNING COMMISSION MEETING, DECEMBER 4, 1985 PAGE 7 . Oquist stated that if for some reason development of the other phases di not happen, this property could become landlocked. Maybe they should addstipulation that says access easement should be provided from Mississippi if al ther phases fail in order to prevent this development from becoming landloc d. Mr. Robinso stated that was a good point. Two options exist. One would provide access through he liquor store, another would provide access west of the shopping center. Mr. Sab asked if there was a park fee associated with this development. Mr. Robinson state hat based on square footage, the park fee would be $2,760. Mr. Saba stated that did of sound like a very large park fee for the size of this development and the n ber of people who will require more park space. Mr. Camp had expressed a val concern that maybe more park space or playground equipment will have to be adde because of more people being added to the area. Mr. Camp stated the amount of S2, for a park fee seemed like an infinitesimal amount of money for 119 residential its. fie stated Mr. Charles Cook has a 45-lot plat. Mr. Cook's park dedicate fee will be around $45,000 for 45 homes. There was definitely something wrong, an maybe the City should be figuring the park fee on a different basis, so the was more equitable fees. Ms. Gabel stated she could understand what Mr. Coox was saving; however, the City Council was the body that establishes the rk fees. MOTION BY MR. MINTON, SECONDED BY MR. KONDRICK, TO COMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT REQUEST, L.S. ##85-08, BY LOU L REN, TO SPLIT OFF THF, SOUTHERLY 190 FEET OF LOT 1, BLOCK 1, SYLVAN HILLS PLA AND THE SOUTHERLY 190 FEET OF LOT 1, BLOCK 1, SYLVAN HILLS PLAT 6 FOR PROP D DEVELOPMENT, THE SAME BEING 248 MISSISSIPPI STREET N.E. AND 214 MISSISSIPPI REPT N.E. , WITH THE FOLLOWING STIPULATIONS: 1. THE LOT SPLIT BE CONTINGENT UPON SUCCESSFUL ACQUISITI OF PROPERTY BY THE HRA. 2. IF NECESSARY, AN ACCESS EASEMENT FROM MISSISSIPPI BE PROV ED TO THE APARTMENT COMPLEX. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTIOI CARRIED UNANIMOUSLY. 4. VACATION REQUEST: SAV #85-06, BY JOHN G. POLLARD: Vacate the unused Johnson Street dedicationof g north of Skvwood Lane and south of I-694. Mr. Robinson stated the utilities have been notified of this vacation request, and NSf',Northwestern Bell , and Storer Cable are requesting a utility easement be maintained on the easterly 10 ft. of the property. 4E PLANNING COMIUSSION MEETING, DECEMBER 4, 1985 PAGE 8 • r Mr. John Pollard stated he has maintained this property for many years, so he is petitioning to have this property revert back to his lot so he.can do what- ever is needed to get the property back into shape. NOTION BY MR. OQUIST, SECONDED BY MR. WELLAN, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #f85-06, BY JOHN POLLARD TO VACATE THE UNUSED JOHNSON STREET DEDICATION LYING NORTH OF SY,YWOOD LANE AND SOUTH OF I-694, WITH THE STIPULATION THAT A 10 FT. UTILITY EASEMENT BE MAINTAINED ON THE EASTERLY PORTION OF THE PROPERTY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. VACATION REQUEST: SAV #85-07, BY CHARLES S. COOK: acate t era nage and utility easement over, across and through the west 5 et and the north 5 feet of Lot 1 and Lot 2, Block 3, Riverwood Manor. Mr. inson stated the location of this lot split was just north of 71st Way and we of East River Road. It was part of the Riverwood School Plat. After the plat, it was discovered there were some existing utilities over Lot 1 and Lot 2, Bl o 3. The utility companies have no problem with the lot split, and Staff would o[nmend its approval . MOTION BY MR. SA SECONDED BY MR. MINTON, TO REC0111•IEND TO CITY COUNCIL APPROVAL OF VACATI REQUEST, SAV #185-07, BY CHARLES S. COOK, TO VACATE THF, DRAINAGE AND UTILITY EMENT OVER, ACROSS AND THROUGH THE [JEST FIVE FEET AND THF. NORTH FIVE FEET OF T 1 AND LOT 2, BLOCK 3, RIVERWOOD MANOR. UPON A VOICE VOTE, ALL VOT G AYE, CHAIRPERSOI: GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE NOVEMBER 5 1985, ENERGY OMMITTEE MINUTES: MOTION BY MR. SABA, SECONDED BY MR\CHAIRPEON EIVE THE NOV. 5, 1985, ENERGY COMMITTEE MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, EL DECLARED THE MOTION CARRIED UNANIMOUSLY. 7. RECEIVE NOVEMBER 7 1985 HUMAN REON MINUTES: NOTION BY MR. MINTON, SECONDED BY MR. SABA, TO RECEI THE NOV. 7, 1985, HUMAN RESOURCES COM14ISSION MINUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DEC THE MOTION CARRIED UNANIMOUSLY. Mr, Minton stated the Minnesota Department of Hunan Rights (MDHR ould like the City of Fridley to formally adopt a Worksharing Agreement. Ba ' cally, the Agreement said the City would agree to voluntarily help the M DHR thrh the . No-Fault Grievance Committee. Once the Agreement is approved, they wo have to have people trained before the Agreement would become effective. The an Resources Commission had made a motion to forward this Agreement on to the Planning Commission and City Council for approval . (Official Publication) PUBLIC NEARING 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, January 6, 1986 1n the Council Chamber at 7:30 P.m.for the purpose of: Consideration of a Vacation re- quest, SAV #85-06, by John B. Pollarnsod, to vacate the unused north of Skywood LJob n Street ane and son outh of I-694. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Dec.23&30,1985)-FRID 1 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, January 6, 1986 in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Vacation reqest, SAV #85-06, by John B. Pollard , to vacate the unused Johnson Street dedication lying north of Skywood Lane and south of I-694. 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: December 23 , 1985 December 30, 1985 COUNCIL MEETING OF FEBRLVW 3, 1985 Mr. Larson's property and could put in any screening Mr. Larson wished. Mr. Larson asked if they had plans to remove or tea n the home to which Ms. Brickner answered in the negative. Councilman Schneider stated once the property is rezoned and if it is sold in the future, there is the potential at the house cold be torn down and anything else permitted in a comm cal zone could be constructed. Mr. Herrick, City Attorney , pointed out that the adjacent business, associated with nis h , is zoned commerical and the major portion of the lot to the rear z permitted; commerical. No other perso in the audience spoke regarding this proposed rezoning. MDTION uncilman Schneider to close the public heaing. Seconded by Go unBarnette. Upon a voice vote, all voting aye, Mayor Nee declared the otion carried unanimously and the public hearng closed at 8:35 p.m. OLD BUSINESS• 4. CONSIDERATION OF VACATION REDUE SAV #85-06 VACATE THE UNUSED JOHNSON SIREET DEDICATION LYING NORTH OF LkNE AND SOUTH OF I-694 BY JOH POLLARD (TABLED 1/13/86) : Mr. Flora, Public Works Director, stated this is a request by Mr. Pollard to vacate that portion of Johnson Street between Skywood Lane and I-694. He stated the Planning Commission has recommended approval of this vacation request. Mr. Flora stated there is a utility line along the eastern portion and the City has a water line running diagonally across the right-of-way, therefore, if this vacation is approved, it is recommended a utility easement be retained over the entire portion. Mr. Flora stated there was a question raised at the last meeting if this parcel had originally come from Mr. Pollard's property. He stated this has been checked and the property was from the plat and therefore it would revert back to Mr. Pollard. Councilman Goodspeed stated he had extensive conversations with everyone involved and, since they were able to reach an agreement where Mr. Pollard would allow Mr. Engebretson to continue his project until it is completed, he would move the following: MDTION by Councilman Goodspeed to approve vacation request, SAV #85-06, to vacate the unused Johnson Street dedication lying north of Skywood Lane and south of I-694, by John Pollard, subject to retaining a utility easement for the entire width and length of the vacation. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -6- COUNCIL MEETING OF FEBRUARY 3, 1985 permit f ran the MPCA. He stated they probably have air quality reports for this neighborhood, however, the main concern is traffic control and if the traffic can be moved in a period of time so as not to create problems with the air quality. He stated he cannot prejudge this particular situation, but knowing the area, he would be surprised if the MPCA considered it a major problem. He felt if someone frau staff met with representatives of the MPCA, they could give a little background information on this situation. Mr. Flora stated the preliminary drainage plan proposes ponding on the site. He stated the consulting firm of Comstock and Davis is reviewing 81st for possible upgrading. No persons in the audience spoke regarding this proposed rezoning. MJTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:28 p.m. MOTION by Councilman Fitzpatrick to request staff to obtain further information, if possible, from the MPCA on potential air pollution and submit this information to the Council before final reading of the ordinance. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. PUBLIC HEARING ON THE MATTER OF A REZONING REQUEST, ZOA #85-03, TO REZONE THE PROPERTY GENERALLY LocATED AT 1282 MISSISSIPPI STREET N.E., BY MARGARET BRICKNER• MJTION by Councilman Schneider to waive the reading of the public hearing notice and open 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 opened at 8:29 p.m. Mr. Flora, Public Works Director, stated this is a request to rezone property at 1282 Mississippi Street from R-1 to C-1. He stated it is proposed to use this hone as a boutique and small retail operation. Mr. Flora stated this happens to be an older, historical home in the City and the petitioner felt it would be better to use it for this type of operation, rather than renting it. Mr. Flora stated the Planning Commission recommended approval of the rezoning with eight stipulations, which he outlined. Mr. Byron Larson, neighboring property owner, asked about screening between this property and his property. Mr. Flora stated staff suggested some plantings, but didn't have a specific plan at this time. Mayor Nee asked Mr. Larson if he had any preferences. Mr. Larson stated, as long as it is just a boutique, it wouldn't generate a lot of traffic and really didn't have any objection. Ms. Brickner, the petitioner, stated there is a cyclone fence which is on -5- t THE MINUTES OF THE RBGUTAR MEETING OF THE FRIDLEY CITY ODUNCIL OF JANUARY 6, 1986: The Regular Meeting of the Fridley City Council was called to order at 7:42 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Fitzpatrick, and Councilman Goodspeed MEMBERS ABSENT: None PROCLAMATION: UNITED CIDNSTI'IUTION nAY, SEPTEMBER 17 , 1987: Mayor Nee stated he issued a proclamation consistent with the request of the Federal Government to establish September 17 , 1987 as United Constitution Day in the City of Fridley in observance of the 200th anniversary of the signing of the United States constitution. APPROVAL OF MINUTES: ODUNCIL MEETING, DECEMBER 16 , 1985: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADMINISTRATION OF ATH OF OFFICE TO ELECTED OFFICIAL: Mr. Herrick, City Attorney, administered the oath of office to re-elected Councilman, Dennis Schneider, Ward II. Councilman Schneider stated he wanted to thank the members of the public who showed th ' r faith in voting for him again and for their support in this election He sta ed he was happy to find there was such a strong level of acceptance and happiness in the City. He stated, during his campaign, he heard very few serious complaints. Councilman Schneider stated he felt Fridley, as a co unity, has made substantial progress over the last ten years. He plimented the City Manager and staff who work together as a unit for the refit of the community. -1- COUNCIL MEETING OF JANUARY 6, 1986 ADOPTION OF AGENDA: The following items were added to the agenda: (1) Co eration of a Resolution to approve the merger of Storer Communi ons, Inc. into a subsidiary of SCI Holdings, Inc. and (2) Considera ' of first reading of an Ordinance amending Chapter 405 entitled, Ca Television, establishing certain requirements upon any franchise ewal and describing customer service requirements. MJTION by Councilman Fitzpat to adopt the agenda with the above two additions. Seconded by cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee decla the motion carried unanimously. OPEN FORUM TORS: Me as no response frau the audience under this item of business. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE MATTER OF VACATION REQUEST' SAV #85-06 , -TO VACATE THE UNUSED JOHNSON STREET DEDICATION LYING NORTH OF `SKYWOOD LANE AND SOUTH OF I- 694, BY JOHN POLLARD: MJTION by Councilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:46 p.m. Mr. Flora, Public Works Director, stated this request was for vacation of Johnson Street which lies to the north of Skywood Lane and south of I-694 . He stated, in 1970, the City vacated the southerly half of Johnson Street south of Skywood Lane and, in 1976, the City vacated the remaining portion of Johnson Street between Skywood Lane and 53rd Avenue, retaining a 20 toot utility easement along the eastern portion. Mr. Flora stated the Planning Commission has recommended approval of this vacation with the stipulation that a ten foot utility easement be retained on the easterly portion of the property. He stated the City has a water line running from the high level reservoir to the north side of I-694, cutting diagonally across Johnson Street between Skywood Lane and I-694 , therefore, it is recommended the City retain a utility easement for the entire portion, if this vacation is approved. Councilman Goodspeed questioned where the property was taken for this street. Mr. Flora stated the property for the street came frau 1385 Skywood Lane so if it is vacated, it reverts back to this property. Mr. Herrick, City Attorney, asked why this vacation was requested. Mr. Flora stated Mr. Pollard feels the property has been in mis-use and he has been maintaining it, but wishes to do so as his own. He stated the -2- COUNCIL MEETING OF JANUARY 6, 1986 pe ti ti one r had no plans for any building. Mr. Herrick asked if the retention of the utility easement would be consistent with Mr. Pollard's plans for the property to which Mr. Flora answered in the affirmative. Mr. Engebretson, 5376 Matterhorn Drive, stated his property is adjacent to Mr. Pollard's property and he has no objection to the vacation. He stated his concern, however, is he is in the process of some construction on his property and, if this vacation is approved, he wanted to be sure he could still receive access to finish his project. He also felt he and Mrs. Niemi, the other property owner involved, should have an easement for access to their property with the proposal for vacation. Councilman Goodspeed stated he, Mr. Pollard and Mr. Engebretson have been discussing this matter. He stated he knows Mr. Pollard has no problem whatsoever in letting Mr. Engebretson get trucks in and out to finish his construction project. Mr. Qureshi, City Manager, stated the City has three choices which would be to delay the actual processing of the vacation until Mr. Engebretson' s construction is completed; to vacate only one-half of the easement; or there be a mutual agreement between the two parties that, if all the property is vacated, the adjacent property owner retains the right to use it in the future. Mr. Pollard stated he has no objection whatsoever to Mr . Engebretson finishing his project, but wants to know what is going on. He also couldn't understand why Mr. Engebretson and Mrs. Niemi wanted an easement. He stated he does have a concern what this property will look like in the spring with all the truck traffic over it. He felt it wasn ' t necessary for the construction crew to drive their private vehicles over this easement and would like the traffic kept to a minimum. Mrs. Arlie Niemi, 5368 Matterhorn Drive, stated her only concern is if she needed to use this parcel, in order to have repairs done on her property, she could legally have access to it. Councilman Barnette asked if the easement had never been there, haw would they receive access. Mrs. Niemi stated they would have to remove fencing in order to service her property. Mr. Herrick, City Attorney, stated if the City doesn't have a street there, the question is whether there is now any legal right of access. He stated, as he understands, she easement came from Mr. Pollard's property and, if it is vacated, it reverts back to this property. He felt before the Council makes a decision, it should be verified where this easement came from and, under the existing circumstances, if the public has any right of access on the property. Mrs. Niemi stated, when she bought the property, this wanted to purchase the parcel proposed for vacation, but was told it belonged to the City and was not available. -3- COUNCIL MEETING OF JANUARY 6, 1986 Mr. Herrick stated when people say "it belongs to the City", that is probably layman's language for the City's right to put a street in there, however, the fee ownership apparently lies with Mr. Pollard. Mr. Pollard stated he, hopefully, intends to add on to his hone and the only way he can go is toward the easement. He stated he explained this to the Planning Commission and they could see no objections whatsoever. Mr. Herrick stated a point that should be made clear is if the City is maintaining utility easements, you cannot construct on that property. Mr. Pollard stated Mr. Engebretson can reach his property off Matterhorn Drive and can get to the back of his lot on his own property. Mr. Engebretson stated the reason it isn' t practical to come in from Matterhorn Drive is because of the trees and bushes which would have to be removed. PDTION by Councilman Goodspeed to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:26 p. m. Councilman Goodspeed stated he would like verification of the fact that this property was taken from Mr. Pollard's lot and determine if the City has the right to give an easement over that property. 2. ORDINANCE NO. 848 UNDER SECTION 12.07 OF THE CITY CHARTER TO %ASTREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE RI OOD MANOR CHARLES COOK: MJTION by Councilman Fitzpatrick to waive the readi Ordinance No. 848 and adopt it on the second reading and order ication. Seconded by Councilman Goodspeed. Upon a voice vote, all ng aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE ND. 849 RECODIFYING THE F CITY CODE CHAPTER (603 , ENTITLED "INTOXICATING LIQUOR" BY ADDING IONS 603 .05 10 AND 603 .23 AND RENUMBERING THE PRESENT 603.23 ZX3.24, AND FURTHER AMENDING CHAPTER 11 ENTITLED "FEES": Mr. Richard Pribyl, Ac g City Clerk, stated this ordinance amendment provides for pro-ra ' fees where there is transfer of a license. He stated the ordinan urther provides for the issuance of temporary on-sale intoxicating li r licenses to civic organizations which have been in existence for t less than three years in the City. The ordinance further provides only two such licenses will be allowed in the same calendar year wi the fee to be $120 per request. Co cilman Barnette stated he received an inquiry where a class reunion -4- COUNCIL MEETING OF FEBRUARY 24, 1986 8. CQN8=MATION OF FIRST READING OF AN ORDINANCE FOR VACATIONVEST AV 85- 06,' TO VACATE THE UNUSED JOHNSON STREET DEDICATION LYING NORTH LANE AND SQUrH OF I-694 BY JOHN POLLARD: MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. _ 9. CONSIDERATION OF FIRST READING OF AN ORDINANCE REOODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 1 ENTITLED "LEGISLATIVEBOUNDARIES", ECP N 1.02 SUBDIVISION A WARD 1 PRECIN 1• SUBDIVISION F WARD 2 P ECI CT 1 • SUBDIVISION G WARD 2 PRECINCT 2• AND SUBDIVI ION J WARD 3 P INCT 1: Mr. Qureshi, City Manager, stated the State Planning Agen requested the City use more natural boundaries to identify wards and pr cincts. He stated this ordinance would change some lines in order to meet eir requiranents. Mr. Qureshi stated the only change where it affects e voter registration count is in Ward 1, Precinct 1, as it removes t o registered voters and places them in Ward 2, Precinct 1. MDTION by Councilman Schneider to waive e reading and approve the ordinance upon first reading. Seconded by uncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Ne declared the motion carried unanimously. 10. MNSIEDERATION OF SPECIAL USE PERMIT P #85-17 TO ALLOW INSTALLATION OF AN AUTOMOBILE PARKING LOT GENERALLY TED AT 5600 CENTRAL AVENUE N. E. BY HRR IN COOPERATION WITH WOODBRIDG PRQPERTIES, I Mr. Flora, Public Works Dir r, stated this special use permit is for Lot 22, Block 10, Donnay's Lakev'ew Manor Addition, and involves the development proposed by Woodbridge Pro rties at the 100 Twin Drive-In site. Mr. Flora stated the no ern most lot would remain R-1 and this special use permit would allow for parking on the R-1 property, if it is necessary as development progres s. Mr. Flora stated e Planning Commission held a public hearing on January 22 and recommended approval with two stipulatins, which he outlined. MOTION by Co cilman Goodspeed to approve special use permit, SP #85-17, with the f lowing stipulations: (1) Landscaping including berming shall be construc ed in a manner so as to provide a dense year-round screening between e development and the single family homes to the north; and (2) Lighti g used for the deveopment shall be shaded or diffused to reflect ligh away from the adjoining property. Seconded by Councilman Schneider. Upo a voice vote, all voting aye, Mayor Nee declared the motion carried nimously. Mr. Qureshi, City Manager, stated this development, as proposed, is -8- COUNCIL MEETING OF FEBRUARY 24, 1986 have an actual agreement signed between property owners and the City that ties the property to this type of development. Mr. Doran stated their attorney is already working on the agreement to have it ready by the second reading of the ordinance. MOTION by Councilman Goodspeed to waive the reading and a prove the ordinance upon first reading, with the following stipulations: (1) A storm drainage plan be provided consistent with City code; (2) Pr de landscaping and berming sufficient to screen parking and storage; (3) S le down size of project so that less than 1,000 car parking is needed or obtain necessary environmental permits; (4) Provide a completed Envir ental Assessment Worksheet for City review; (5) Obtain special use per its for any outside storage or auto related business; (6) Provide arc tectural refinements consistent with a quality commerical developme t ; and (7) Provide a performance bond; amount consistent with cost of ' provenents. Seconded by Councilman Barnette. Upon a voice vote, all vo ng aye, Mayor Nee declared the motion carried unanimously. Mr. Doran extended his thanks to Mr. Qure ' and the City staff for their efforts in expediting this request. 7. 0ONSIDERATION OF FIRST READING OF AN 0 INANCE FOR REZONING REQUEST, ZOA #85-03 REZONE THE PROPERTY G YLCCATED AT 1282 MISSISSIPPI STREET N. E. , BY MARGARET BRICKNER: Mr. Flora, Public Works Director, stated this is a rezoning of one parcel of property behind Sandee's Restaur frau R-1 to C-1 to use the existing home as a boutique and small retail peration. Councilman Schneider asked there wold be joint parking with Sandee's Restaurant. Mr. Flora sta there are six parking spaces associated with this structure and additi 1 parking available in Sandee's parking lot. Councilman Schneider st ted his concern is if these parcels are separated in th e f ut ure, how the pa i ng w oul d be handl ed. Mr. Flora stated the e is a stipulation that addresses the joint parking and driveway easement. MOTION by Counc' man Schneider to waive the reading and approve the ordinance upon f rst reading, with the following stipulations: (1) Business shall be open later than 8:00 p. m. ; (2) Driveway from Mississippi Street shall be "Ent " only; directional sign to be provided; (3) Hard surface curbed park' g spaces to be provided; (4) Joint parking and driveway easement wi Sandee's Restaurant to be provided; (5) Business sign shall not exceed enty-four (24) square feet in area or eight (8) feet in height; (6) Provi e landscaping to screen parking from Mississippi Street; (7) Provide reening fence between rezoned property and residences to the west; and (8 Provide performance bond in the amount of $2,000. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. -7- COUNCIL MEETING OF MARCH 3, 1986 contribution to the young people in the community. This proclamation was presented to the Campfire group attending the Council meeting. VOLUNTEERS OF AMERICA Mayor Nee issued a proclamation designating the week of March 2 through 9 as Volunteers of America week in honor of those who serve in the area of human services. , APPROVAL OF MINUTES COUNCIL MEETING, FEBRUARY 24, 1986• MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: M7TIDN by Councilman Schneider to adopt the agenda as submitted. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS: 1. QRDINANCE ND. 851 FOR VACATION REQUEST, SAV- #85-06 , TO VACATE THE UNUSED JQH�N STREET DEDICATION LYING NORTH OF SKYWOOD LANE AND SOUTH OF I-694, BY JOHN POLLARD: MDTION by Councilman Goodspeed to waive the second reading of Ordinance No. 851 and adopt it on second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. FINANCE ND. 852 FOR REZONING REQUEST, ZOA X85-03, TO REZONE THE PROPERTY GENERALLY LOCATED AT 1282 MISSISSIPPI STREET N. E. , BY MARGARET BRICKNER: Mr. Flora, Public Works Director, stated there were several stipulations attached to this request. Mr. Herrick, City Attorney, stated he would suggest, if the Council wishes to approve the second reading of the ordinance, that the Staff is satisfied the stipulations will be followed before the ordinance is published. M?TION by Councilman Schneider to waive the second reading of Ordinance No. 852 and adopt it on the second reading and order publication, contingent on satisfaction of the following stipulations: 1.) Business shall be open no later than 8:00 p.m.; 2.) Driveway from Mississippi Street shall be "Enter" only; directional sign to be provided; 3.) Hard surface curbed parking spaces to be provided; 4.) Joint parking and driveway easement with Sandee's Restaurant to be provided; 5.) Business sign shall not exceed twenty-four -2- (Official Publication) SAV#85-06 John B.Pollard ORDINANCE NO.851 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 dedication described as follows: Vacate the unusued Johnson Street dedication lying north of Skywood Lane and South of I-694. All lying in the south half of section 24. T-30, R-24, City of Fridley,County of Anoka,Minne- sota. Be and is hereby vacated,ex- cept the City retains the entire street for Utility Easement purposes. SECTION 2. The said vacation has been made in conformance with Min- nesota 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 3RD DAY OF MARCH,1986. WILLIAM J.NEE Mayor ATTEST: SHIRLEY A.HAAPALA City Clerk Public Hearing:January 6,1986 First Reading: February 24,1986 Second Reading: March 3,1986 Publication:March 10,1986 (March 10,1986)-FRID 4A - SAV P85-06 John B. Pollard ORDINANCE NO. AN ORDINANCE UNDER SECTION 12-OT 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 dedication described as follows: Vacate the unused Johnson Street dedication lying north of Skywood Lane and South of I- 694. All lying in the south half of section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated, except the City retains the entire street for Utility Easement purposes. 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 1985 WILLIAM J. NEE - MAYOR 1,T-1`ES T: SHIRLEY A. HAAPALA - CITY CLERK Public Hearing: January 6, 1986 First Reading: February 24, 1986 Second Reading: ublication: ORDINANCE NO. 851 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 dedication described as follows: Vacate the unused Johnson Street dedicaticn lying north of Skywood Lane and South of I- 694. All lying in the south half of section 24, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated, except. the City retains the entire street for Utility Easement purposes. 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 3RD DAY OF 1IARCH, 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIPLEY A. KAAPALA - TY CLERK Public Hearing: January 6, 19:36 First Reading: February 24, 1986 Second Reading: March 3, 1986 Publication: f4arch 10, 1986 1 CITYOF FRIDLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 John Pollard CITY COUNCIL March 10, 198'6 1385 Skywood Lane N.E. Fridley, MN 55432 ACTION TAKEN NOTICE On March 3, 1986 the Fridley City Council officially approved your request for—a Vacation, SAV #85-06, to vacate the unused Johnson Street dedication lying north of Skywood Lane and south of I-694.. with the following stipulations: 1. The City to maintain utility easement over the entire street. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, C;9fir' v?�y-I James L. Robinson l_ Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by March 24, 1986. Concur with action taken ,J.