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SAV74-02 ` CITY OF FRIDLEY MINNESOTA TYPE OF REQUEST PLANNING AND ZONING FORM - Rezoning Number � � 7 -e2 Special Use Permit Approval of APPL,ICANT'S SIGNATURE Preliminary Plat < U �j /,(ff �j� ��. Approval of Address Final Plat // Streets or � } Telephone Number �C�e- 9J ,, Alley Vacations Other PROPERTY OKNER'S SIGNATJRE Address �2GL Tmu✓ G+ - Telephone Number Street Location of Property Legal Description of Property Allw� ��c, d Present Zoning Classification 4 Existing Use of Property Proposed Zoning Classification, Special Use, or other request ee Describe briefly the Type of Use and Improvement Proposed 'Acreage of Proper.ty Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? When? v 111hat was requested Fee Enclosed$ ,� Rec. No. /(p l Date Filed-- 7- 7y Date of Hearing � /_ g J �y } �` Mr., AND ZONING Foim PACZ � t�t�b4r �/� ����/ • Th4 VDdersigned understands that: (a) A list of all residents and owners of o- perty within 300 feet must be Attached � this application. (b) This application must be sign:d by all owners of the property, or to explanation given why this to not the cease. (c) Responsibility for any defect in the prow ceedings resulting from the failure to Ulflfi the names rind addrenses of oll residentI. and property ownerb of property w'tOl?p feet of the property in question to the undersi3ned. RO d€rita and Owners of froperty within 300 feet:' MRAOI, ADDRESS i 8-S - ZTI� d l pl;gtch of proposed property and structure must be drawn on the back of Gh s forD or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lo4. 3. Dimensions of property, proposed structure, and front and side tet,bat�,Q. 4. Street Names 5. Location and use of adjacent existing buildings (Within 300 feet) . Tho undersigned hereby declares that all the facts and reorerentations stated �p this application are true and correct. S I GNA T URE (APPLICANT) Approved Denied B�y the ;o&sd of appebbs Scab#ect .to the Following Conditions: Approvod Deniedby the Planning Commission on publept to the following Conditions: pCo ,Approved Denied by the Council on gUOJ$et to the FQlloving Conditions: date I Voxes PC 100 or Fraction -thereon in the cost of all proposed wor}c. 2.6. in no case shall the fee charged for any permit as set forth in 5ect�Lon_ _2 be Jess.. th754.00_ :77 �y ':)NI `Jl�`111� NJ9h` !�'9?ln 9nS ��u v fop- l aru�i�f,aJn �ia� s s or ,cs tri Jo o fa�grsu�/0 p�`uc u- t "Pu P. {ui°`pUDi P'�(f l 3r(G90 Jl ��O sauopu,wq a han_,tIs:L/c uar f°yuas,W-U f�a�lm p,,° ani p sr src fnc;/ �jrf1a� +Sgaiay/ F V 17 21 ti C ±: l 1 ..f. 1 r -, �3�q_��aun�' Guysaj��ic7ti n�tKwu,�y d1 N I I 9 77 s1,,X1n L1vIjv �tnull%r pur/ �n 59s liavgSw-sio Wjj*It])P f1l, • / SAV #74-02 BOB STIXRUD Lond Plonniny 6813-/110my Acy &,c. t09d S(a"veyin(J Minixvfaols 2/, Soils Tejhmy ENGINEERING, INC. Minnesofa Gwl&Muniupal SUr�sef Q 6066 Enirneerin9 Elnyineers Sur veprs Mortgage Loan Survey for 1 I - — 3!j I � N ~ 3' c '-rte (11 y L - i. This is o free and ca-rccf rrpresenfa{ion ea surYe( Xlbe h"dories 0he land abore des ribed oYV ol'h{ low/grj o`alf bur/diiqs, 1pal,Ther ray,artd o/!risible cnuuodrrrn�afs,i�'any,�it n a en sord,ted-T n sa-vecy s modea�y a7 cawrcNn riffs a morl, e /"I yaw lt+w,9 pb(rd cry the properly aid no Irabilly iS afwrned excepf A fhefio.Yer otPsjxh mmtrye or nn1f offier infcxesf oc�vlred by ffr fM-W suc%morfy qe.if�s andersfax/and agreed al rnanc anen fs fvre lien Placed a Nie pw;w.sr olesfab/-hy AW k7c5 ar bormm�ry ca-ners. Poled Ibis day c ' %i_c AD SUBURBAN ENG,'NEERING, NC. Engineer-5 and Surret/ors r iy )/ 93) 0 �S �a7rw� 144 G ��. `��:��. .SSD l �-'7t`'� �', �/.�. ��� �� f �- Council SAV #74-02 MAILING LIST Robert Stixrud * denotes people who joined in the request Mr. & Mrs. Thomas Matter * Mr. & Mrs. James Bernstein 5896 Jefferson Street N.E. 5849 Washington Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs. Ronald Christianson* Mr. & Mrs. Robert Morin 5884 Jefferson Street N.E. 5861 Washington Street N.E. Fridley 55432 Fridley Mn 55432 Mr. Andrew Aurzada * Mr. & Mrs. Einar Mattson 5872 Jefferson Street N.E. 5873 Washington Street N.E. Fridley, Mn 55432 Fridley 55432 Mr. & Mrs. Leland Olson Mr. & Mrs. Bruce Johnson 5860 Jefferson Street N.E . 5885 Washington Street N.E. Fridley, Minnesota 55432 Fridley 55432 Mr. & Mrs. Carl Torres Mr. & Mrs. Philip Engdahl 5848 Jefferson Street N.E. 5897 Washington Street N.E. Fridley 55432 Fridley Mn 55432 Mr. & Mrs. Walter Pomeroy * Mr. & Mrs. Robert Petersen 5836 Jefferson Street N.E. 5896 Washington Street N.E. Fridley, Mn 55432 Fridley 55432 Mr. & Mrs. James Gagnon Mr. & Mrs. William Podratz* 5824 Jefferson Street N.E. 5885 Washington Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs. Boyd Rasmus * Mr. & Mrs, Vernon Fuechtmann 5812 Jefferson Street N.E. 5872 Washington Street N.E. Fridley Mn 55432 Fridley 55432 Mr. & Mrs. Keith Mallow * Mr. & Mrs. Lynn Melhus 5800 Jefferson Street N.E. 5860 Washington Street N.E. Fridley, Mn 55432 Fridley 55432 Mr. & Mrs . Russel Evenson * Mr. & Mrs. Clyde Moravetz 5801 N.E. Washington Street 5848 Washington Street N.E . Fridley Mn 55432 Fridley 55432 Mrs. Ruth Chacey Mr. & Mrs. Richard Dulong 5813 Washington Street N.E. 5836 Washington Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs. James Rains * Mr. & Mrs. Douglas Luntrom* 5825 Washington Street N.E. 5824 Washington Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs. Robert Eidem # Mr. & Mrs. Eugene Frank 5837 Washington Street N.E. 5812 Washington Street N.E. Fridley Mn 55432 Fridley 55432 Mailing List Page 2 SAV #74-02 Mr. & Mrs . Robert Stixrud * 5800 Washington Street N.E. Fridley 55432 Mr. & Mrs. Larry Wadson* 5801 7th Street N.E. Fridley 55432 Mr. & Mrs. Raymond Brytowski 5813 7th Street N.E . Fridley 55432 Mr. & Mrs. Vernon Anderson 5825 7th Street N.E. Fridley 55432 Mr. & Mrs. Clayton Saleck 5837 7th Street N.E. Fridley 55432 Mr. & Mrs. Lawrence Chubb 58#9 7th Street N.E. Fridley 55432 Mr. & Mrs . Frank Keeley 5861 7th Street R.E . Fridley 55432 Mr. & Mrs. Roger Anderson 5873 7th Street N.E. Fridley 55432 Mr. & Mrs. George Patterson* 5885 7th Street N.E. Fridley 55432 Mr. & Mrs. Ralph Rick 5897 7th Street N.E. Fridley 55432 * denotes people who joined in the request 560-3450 I Cit ria l'. �G ANOKA COUNTY 6431 UNIVERSITY AVENUE NE June 11, 1974 FRIDLEY; MINNESOTA 65432 John L. Ranck Northern States Power Company 4501 68th Avenue North Minneapolis, Minnesota 55429 RE: Blocks 1 '.and 2, Lyndale Builders 7th Addition Dear Mr. Ranck, The. City of Fridley has received a request to vacate 20 feet of the 30 foot drainage and utility easement on Blocks 1 and 2 , Lyndle Builders 7th Addition. These blocks are bound by 58th and 59th Avenue N.E. and Jefferson Street and 7th Street N.E. This request-will be heard by the Planning Commission on June 19 , 1974. (SAV #74-02) We would appreciate hearing your feelings on this matter prior to that date. If you have any questions, please feel free to call 56-3450, Extenstion 38 . Sincerely, 00 DARREL CLARK Community Development Administrator DC/qe Enc. NORTHERN2S STATES POWER COMPANY 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 June 11, 1974 Mr Robert Stixrud 5800 Washington St N E Fridley, Mn 55432 1-4ow�r 5(-0- 4032 '�- 117401 Subject Construction on Easement Dear Mr Stixrud Northern States Power Company has no objection to your building your garage 12 feet onto the utility easement. We just ask that enough room be left to carry equipment on the easement, if necessary. If you have any other questions, please contact me on 561-7200. Sincerely L M Benson Customer Service Representative North Division . LMB/rp L to �, �'► u k 3D Northwestern Bell 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 June 18, 1974 Community Development Administration City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 Attention: Mr. Darryl Clark Gentlemen: Re: Block l and 2, Lyndale Builders' 7th Addition The Telephone Company does have an interest in the land described in your letter. Aerial cables and poles paralleling the rear property lines of both blocks provide service along and either side of both easements in question. It has been determined that our telephone plant would not be affected if the easements were to be reduced in size from 30 feet to 10 feet wide, as our telephone plant lies well within the proposed 10 foot wide easement. At the present time we have no plans which would re- flect any changes. Therefore, we have no objections to your proposed plans. '7 Engineering Manager 3C DWSIP NORTHERN STATES POWER COMPANY 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 June 20, 1974 Darrel Clark Community Development Administrator City of Fridley 6431 University Ave N E Fridley, Mn 55432 Dear Mr Clark Northern States Power Co has no objections to the City of Fridley vacating 20 feet of the 30 foot drainage and utility easement on Blocks 1 and 2, Lyndale Builders 7th Addition. This position is based on the information I received from you June 17, 1974, that 10 feet would be vacated on each side of the common rear lot lines. Thank you for your assistance in this matter. Sincerely John L Ranck Municipal Services Representative North Division JLR/rp e:is i 1.4 t:= SAV #7 44 ,*,R©BERT jSTIXRU� �a n,�1;.c r,� 3 F ' Hca e the East West '10 feet B; r•, I— i-=-of--a--30-foot•-eras=nt on — ' 'Lyndale Build ,fPteVth_ Addition - — S 0145' 549.25 Plot (}ormerIq to"' ^�J% 74 II I V .e. i �.•' I rJ ;,: vii �..� '4'm ` '•� !'HCl G'� , :n ",y i .e -, I ! to ro ro t:. ':� , ! �• �: —�177,',�l"1`^ i � Q I9 t 72.74 V 11273 fJ opt i o A314 I N O ! Q IV ST Re-E i C:I — � `_ _ � S.c•4;g. 5.3.8;%h^cS. _ . s i I In aS 10 Is In 'TI..r:. .o'f>.-E ``�'�,��jj/��f; �5. .•...�..,« ,fir a --• 5J it F E :'Y.i/.4�.% - --u.F Pi•9`. `- � E'6 E 65�.�.r�•�j ;. ti Cc,r I ry. .._l.'�i�Y�� i•� ^./'r(. _ '>'`- �....:�✓ c'_ 'i�),Ji-i-!l•i�`1 j a moor h - • �. -_�•-� - Vl-L_ .mac]] + � t�- ���t f'- Qh � fV I Colo --- - k SAV #74-02, ROBERT STIXRUD vacate the East and West 10 feet' of a 30 foot drainage and utilit` '0 TH AN U E 'N. E. easement on Blocks. 1 and 2, Lynda le Builders 7th Addition 59� _ 5"g ' ` -- - f ' �7 27 e • 4 G5 �c - , - J!'fa/� Zz 01 /0 2/ / /3 - . 4 /7 /� �, a /7Jripf a i 34" `) ?'HA_-lYd.:ftYr'FG�`9 ..,-- 57'16 A 0.30 - r;• 3c y 3yog F- `� J4.?B._— ffi >J7 5S9B - Z - 6yrj r y 6 S y Z 00 �z 9 3 L ' 5 NP _ 26 � E. N.E. N� ,5�6t Seo yT— y )�� m s8�q; ; ��8•��0 5a mfr our 5 '�,q 6 n 1-OtJy �+1 0 • •-�'.,sr : Ssd 5'S 6 o r 5$37 -- - m , Qf G 5 O � pr h � � J -' ---� ._.<1f9.f_ -��✓ -__ _�r¢v¢�.��._.5gz� "a� -�y`_ —''`- n Jf• -SI 52 _ /7 MO t2 E _L1LS8 ^ .•Rtc;,so _ 0 -v F---o v _ n. _-AV 6. t ., P 'c, •\,. t+ V r i^:J•. a3.Yip � i ry z . :f R a: � 9 3 ' 7q j �. 601 , 6 2/ . to r. : ••,`,397% t •ss�. �� � F 5 9. .3` ----- -�' —�= 1 :— -� � f70, ��o X30, �' -- _9 - -.. F_._ -6- W LI ? �I I 1,70 S' E •4R _ _ b21 G9 REGtED . pqIi { ?4 ,� LAND SURVEY �" HE L E N Planning Commission Meeting June '19, 1974 Page 4 3 A MOTION by Harris , seconded by Drigans , that the Planning Commission recommend to Council approval of the preliminary plat, P.S . #74-04, Innsbruck North Townhouses Replat Second Addition, by Darrel A. Farr Development Corporation , a replat of Lot 5, 6, 7 and 8, Block 4 , Innsbruck North Townhouses Third Addition, located at 5533 _to 5539 East Bavarian Pass N.E. Upon a voice vote, all voting aye, the motion carried unanimously . 3. VACATION REQUEST: SAV #74-02 ROBERT STIXRUD: Vacate the Easterly and Westerly 10 f t of an isting 30 foot drainage and utility easement on Blocks 1 and 2, Lyndale Builders 7th Addition, located between 58th and 59th Avenue N.E. and between 7th Street and Jefferson Street N.E. Mr. Robert Stixrud and Mr. Russel Evenson were present. Mr. Boardman said the utility companies have no objection to this easement being 10 feet instead of the 30 feet and he had talked to the Engineering Department and they said 10 feet was enough also. Chairman Fitzpatrick asked Mr. Boardman if he knew why there. was a 30 foot easement put on this property in the first place. Mr. Board- man said he didn't. Mr. Stixrud said he was requesting the vacation because he needed the 10 feet to construct a garage. lie has a large tree in his yard which makes it impossible to locate the garage any where else. Mr. Fitzpatrick said there were quite a few garages already built on 10 feet of the easement. Mr. . Russel Evenson, 5801 N.E . Washington Street, said he was representing the people in Block 1 in requesting this vacation. Mr. Stixrud said the fee for a vacation request was $40 but he had to pay only $4 of this because all the other neighbors joined in this request. Mr. Drigans asked if this would give the property a higher tax base. Mr. Boardman said it wouldn' t because the people were already paying taxes on the entire easement. This would just make it legal for them to use another 10 feet of their property. MOTION by Drigans , seconded by Harris, that the Planning Commission recommend to Council approval of the vacation request , SAV #74-02, by Robert Stixrud, to vacate the Easterly and Westerly 10 feet of an exist- ing 30 foot drainage and utility easement on Blocks I and 2, Lyndale Builders 7th Addition , located between 58th and 59th Avenue N.E. and between 7th Street and Jefferson Street N.E. Upon a voice vote , all voting aye, the motion carried unanimously. 4. GENERAL DISCUSSION Mr. Langenfeld said he had a brochure entitled "Government, Environment and YOU" that he would like the Planning Commission to have. He said he would give it to the secretary so copies could be made for them. t (Official Publication) CITY OF FRIDLEY PUBLIC HEARING BEFORE THE Y COUNCIL TO WHOM T MAY CONCERN: 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, July 8, 1974, in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a request for a obert LaStixrad, to acate thNo e East and West 10 feet of an existing 30 foot drainage and utility easement in Blocks 1 and 2,Lyndale Builder's 7th Addition,located in the North Half of Section 23, T-30,R-24,City of Frid- ley,County of Anoka,Minnesota. locte and nerall e59th Avenueallortheastandbetween 58th be- tween 7th Street and Jefferson Street N.E. An and all persons desiring to be heard shall be given the opportunity at the above stated time and place. FRANK G.LIEBL (June 19&26,1974)—FRID.Mayor 3B OFFICIAL NOTICE CITY OF FRIDLEY a PUBLIC HEARING BEFORE THE CITY COUNCIL i 6 j S TO WHOM IT MAY CONCERN: J p 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, July 8 , 1974 in the Council Chamber at 7 :30 P.M. for the purpose of : i a s Consideration of a request for a Vacation, j SAV #74-02 , by Robert L. Stixrud, to vacate the East and West 10 feet of an existing 30 foot drainage and utility easement in Blocks 1 and 2, Lyndale Builder' s 7th Addition, located in the North Half of Section 23 , T-30 , _R-24 , City of Fridley, County of Anoka, Minnesota. Generally located between 58th and 59th Avenue Northeast and between 7th Street and Jefferson Street N.E. Any and all persons desiring to be heard shall be given the opportunity at the above stated time and-.place. FRANK G. LIEBL MAYOR Publish: June 19, 1974 June 27 , 1974 The Minnesota Gas Company has no facilities within the above described area and has no objection to its vacation. ` - William R Schram June 20 , 197+ s 7 PUBLIC HEARING MEETING OF JULY 8, 1974 PAGE 7 Mayor Liebl asked Mr. Moeglein when he would like to have an answer on this proposal. Mr. Moeglein said he would hesitate to put a deadline on the decision. He said unless he had the information by the last quarter of this would not be able to get any of the information for the lannin year, they explained their construction list would have to be established forr priorities and submitted to the Federal Government. Mayor Liebl asked if they would like to have a decision by October. Mr. Moeglein said yes. MOTION by Councilman Utter to close the Public Hearing on the Armory Proposal. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 9:21 P.M. PUBLIC HEARING ON A VACATIOtl RE LEST AV #74-02 ROBERT STIXRUD, TO VACATE THE EAST AND WEST 10 FEET OF 2 LYNDALE BUILDER'S ADDITIOF ;;A DRAIRAINA NAGENERAL Ai1D ' Y EASEMENT IN BLOCKS 1 AND AND BETWEEN 7TH STREET AiVD JEFFERSON STREET:CATED BETWEEN SoTH AND 59TH AVENUES MOTION by Councilman Breider to waive the reading of the Public Hearing Notice. Seconded by Councilman Utter. Upon a voice vote, all voting aye, ayor Liebl declared the motion carried unanimM ously and the Public Hearing opened at 9:22 P.M. Mr. Darrel Clark, Community Development Administrator, pointed out the area in question on the map on the screen. He explained this to be an unusually wide drainage and utility easement stating they are 10 feet wide in most cases. He further explained the man had come to get a building that this could not be done until the easement had beevacatedermit andH�asaidtold Mr. Stixrud requested to build a garage five feet from the lot line. said the Administration recommendation would be to reduce the width Mr. Clark of the easement from the 30 feet which would would create a 10 foot easement allow the construction of the garage closer to the lot line. and Mayor Liebl said the City had received a letter from NSP and also from North- , western Bell Telephone Company stating they had no objections to the vacation or reduction of the portion of the easement. The Ward Councilman, Mr. Starwalt, said he had no objections to the vacation 3 of the portion of the easement. He said the wide easement had been for the 1 earlier alley concept, but had been done away with. ' MOTION by Councilman Utter to close the Public Hearing. Seconde ' Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion d by Councilman carried unanimously and the Public Hearing on Vacation Request #74-02, closed at 9:25'P.M. i F Mr. Clark requested that the Council take action to issue a buildingL to the applicant. Ne said if the legal amount d time is allowed for the : permit � first and second readings of the ordinance and publication of the ordinance, this would take up to five weeks to complete the process. He explained if this action authorized at the present time, the man could begin construction. MOTION by Councilman Starwalt to adopt the First Read'n9 of she ordinance for i the vacation request by Mr. Robert Stixrud to vacate the east and west 10 feet ; of a drainage and utility easement between 58th and 59th Avenues and between } 7th Street and Jefferson Street. Seconded by Councilman Utter. Upon a voice { vote, all voting aye, Mayor Lieb] declared the motion carried unanimously and 7 the easement vacated as specified. MOTION by Councilman Utter to grant the buildin for the construction of the garage. 9 permit to Mr. Robert Stixrud voice vote, all voting aye, Mayor Lieblcdeclared thenmotion carriedtunanUpon a iimousl T 4 F Mr. Clark said there would be no reconiiended stipulations for this request. y. I Councilman Sta malt asked if this istg permit that is requested F at this time. Mr. Clark said this istheoonlybrequest. � PUBLIC HEARIiIG ON A FINAL PLAT P. S. SUBpIVIS101d ;129 GENER,UI Y LOCATED IN THE-105pOJIIMOCKi�BETDEENO73R30tiAND 31, AUDITOR'S ONON GAD A STREET: Ut AND } i t 7G REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 7 with the exception of the request to reduce the side yard setback variance abutting a side street of a corner lot from 35 feet to 25 feet. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. # MOTION by Councilman Utter to receive the minutes of the Board of Appeals Meeting of June 11, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting ! aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JUNE 19, 1974: i 1 REQUEST FOR A SPECIAL USE PERMIT, SP. #74-11, BY CURTIS BARSNESS: PER FRIDLEY CITY CODE, SECTION 205.051 1 A, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BU I DING TO BE LOCATED 014 THE WESTERLY 68.5 FEET OF LOT 6, REVISED AUDITUR S SUBDIVISION NO. 10, THE SAME BEING 6581 CENTRAL AVENUE N. E.: Mayor Liebl said the recommendation of the Planning Commission was to approve ' the request with two stipulations. i MOTION by Councilman Starwalt to approve the Request for a Special Use Permit for a second accessory building at 6581 Central Avenue N. E. by Curtis Barsness with the two stipulations recommended by the Planning Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A PRELIMINARY PLAT, P. S. #74-04, INNSBRUCK NORTH TOWNHOUSES REPLAT SECOND ADDITION, BY DARREL A. FARR DEVELOPMENT CORPORATION: A REPLAT OF LOTS 5, 6, 7 AND 8, BLOCK 4, INNSBRUCK NORTH TO!"INHOUSES THIRD ADDITION, LOCATED AT 5533 TO 5539 EAST BAVARIAN PASS N. E.: The City Manager said the Council action should be to set a public_ hearing for July 8, 1974. MOTION by Councilman Breider to set a Public Hearing for July 8, 1974 on the Preliminary Plat, P. S. #74-04, Innsbruck North Townhouses Replat Second Addition, by Darrel A. Farr Development Corporation located at 5533 to 5539 East Bavarian Pass N. E. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VACATION REQUEST: =��4-02ROBERT STIXRUD: VACATE THE EASTERLY AND WESTERLY 10 FEET OF AN EXIS RA DINAGE AND UTILITY EASEMENT ON BLOCKS ND 2 LYNDALE BUILDERS 7TH ADDITION, LOCATED BETWEEN 58TH AND 59TH AVENUE N. E. AND BETWEEN 7TH STREET AND JEFFERSON STREET N. E.: The City Manager advised the Council that their action would be to set a public. hearing for July 8, 1974. MOTION by Councilman Breider to set a Public Hearing for July 8, 1974 for the Vacation Request SAV #74-02, as requested by Robert Stixrud for an existing r 30 foot drainage and utility easement on Block 1 and 2, Lyndale Builders 7th Addition. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. GENERAL DISCUSSION: ' f i Mayor Liebl asked the members of the Council if they would like to set a joint f meeting between the Council and the Planning Commission. He asked what the { Planning Commission wanted to discuss. Councilman Breider said the only question would be on the Hyde Park area development. He said he could not see any reason for a joint meeting for the other two issues. } Councilman Nee said he had just received the study material concerning Hyde t Park and would like to have some time to review the information. Councilman Breider said this matter should be tabled until that time. MOTION by Councilman Breider to receive the minutes of the Planning Commission meeting of June 19, 1974. Seconded by Councilman Utter. Upon a voice vote, all �\ I voting aye, Mayor Liebl declared the motion carried unanimously. 2771- E. I REGULAR COUNCIL MEETING OF JULY 1, 1974 PAGE 8 RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF JUNE 25, 1974: A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: SECTION 205.103, 4, C2, TO REDUCE THE REAR YARD SETBACK REQUIREMENTS FROM 25 FEET TO 13 FEET, AND, SECTION 205. 104, 1, E3, TO REDUCE THE OFF STREET PARKING SETBACK FROM THE MAIN BUILDING, FROM 5 FEET AWAY TO ZERO FEET, TO BRING THE EXISTING BUILDING INTO CONFORMANCE WITH THE CODE . D TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTO THE EXISTING BUILDING LOCATED ON PARCEL "2750 NORTH HALF OF SECTION 12 THE SAME BEING 7 585 VIRON ROAD N. E. FRIDLEY MINNESOTA. REQUEST BY STRITE-ANDERSON MANUFACTURING COMPANY, 7585 VIRON ROAD N. E., FRIDLEY,_ MINNESOTA): I MOTION by Councilman Starwalt to approve the variances as requested by Strite- . Anderson for the construction of an addition onto the existing building located on Parcel 2750, North Half of Section 12, the same being 7585 Viron Road N. E., with the stipulation that bumpers or posts be installed along the building. Seconded by Councilman Utter. I Councilman Breider recalled the question of the parking area within the minutes of the Subcommittee and asked if this would be a problem. He asked with the addition of this area would this meet code requirements. He stated this would be a 19,000 square foot addition. The City Manager said this had been brought to the Administration's attention. Councilman Starwalt stated the parking would be three stalls short, but the firm has three shifts working, and this would be no problem. Mayor L9ebl asked if there was anyone present from Strite-Anderson. A representative of Strite-Anderson addressed the Council and explained there are three shifts, five days a week. He said they would be three stalls short: the required amount is 171, and there would be 168 provided. He said with the type of operation, they would not come close to using this amount of space. I UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried I unanimously. ` I A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS. SECTION 214.053, 2, TU ALLOW THE CONSTRUCTION OF A SECOND PY COUNCIL STIPULATED NO PYLON O B ERECTED N OSBOR ROAD ON AUGUST9 2 , AND, SECTION 214.053, 2 T INCREASE HE SIZE OF THE sEc-6 D PYLON FROM 50'^ CRERE FEET TO 80 SQUARE FEET, N 011 CT1 4.053, 2 TO INCREASE THE M. X EIGIJT F THE SIGN FROM 25 FEET T 30 FEEL, ALL TO ALLOW 1 E ERECTION OF A SECOND PYLON SIGN TO BE LOCATED ON LOT 1, BLOCK 1, EAST RANCH ESTATES IST ADDITION, THE SAME BEING 7620 UNIVERSITY AVENUE N. E., FRIDLEY MINNESOTA. (REQUEST BY FRANK'S NURSERY, 7620 UNIVERSITY AVENUE N. E., FRIDLEY,M NNESUI : I' Mayor Liebl said the Board of Appeals had recommended approval of the request with the exception of the height of the sign which would be limited to 25 feet. Mayor Liebl asked if there was a representative of the sign company present and Mr. Charles Peugh, Signcrafters, 13 77th Way N. E., addressed the Council. Mayor Liebl asked if it would be to any advantage to have the sign over the 25 feet in height. Mr. Peugh answered the 25 feet would be adequate. Mayor Liebl asked i the value of the sign proposed and Mr. Peugh said $2,500. Mayor Liebl asked if this sign would be specifically for Frank's Nursery and Mr. Peugh said this was correct. Mayor Liebl asked if the sign presently on Highway #47 would remain the same and Mr. Peugh said yes. j MOTION by Councilman Breider to concur in the recommendation of the Board of Appeals and approve the request to construct the second pylon sign and to increase j z the sign area from 50 square feet to 72 square feet`, with the maximum height to con- r it form to the requirement of 25 feet. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. f I 1 , e i REGULAR COUNCIL MEETING OF JULY 15, 1974 PAGE 6 position. He said if the men want to work at this, this would be okay, but if not the Council has established this classification. He said if the men do not want to work as supervisors or foremen, they can work with the rank and file. Mayor Liebl said the whole seven county area should be compared to see if this is a fair proposal. The City Manager explained the salary levels had been researched, but there is not , detailed information on this type of classification. He pointed out that the City had tried to be overly fair and made sure the City paid them as fairly as possible. He said in the past, some of the Council members had felt that the Foremen were being paid too much. Mayor Liebl said the proposal had been unanimously approved by the Council with the stipulations listed in the agenda. NEW BUSINESS: RECEIVING REPORT ON SITES AND PROPOSALS FOR CABLE TELEVISION TOWER (REQUEST BY MIDWESTERN RELAY COMPANY AND GENERAL TELEVISION j. i Mayor Liebl said the letter which is in the agenda requesting the Council take action, should be disregarded. He explained the Columbia Heights Council had given preliminary approval of construction within that City the previous Monday night ` and this item was again before that Council at the present time. MOTION by Councilman Utter to table any action on the consideration for the construction of the Television Tower by Midwestern Relay and General Television. Seconded by Councilman Starwalt. Councilman Starwalt asked if there was anyone present in the audience that had not been contacted by himself. A resident of the area said she had received a letter at 5:30 that evening, but the letter was so much like the other letter that she wanted to be sure of what was happening. The resident of the area said her concern was the shortness of notice and she would I appreciate more advance notice for all of the meetings. She said the notice had ` been received Friday night for attendance the following Monday evening. FIRST READING OF AN ORDINANCE FOR THE VACATION REQUEST, AV #74-02 BY ROBERT S STIXRUD, TO VACATE THE EAST AND WEST 10' OF A DRAINAGE - EASEMJENT IN BLOCKS 1 AND 2, LYNDALE BUILDER'S 7TH ADDITIUCATED BETWEEN 58TH AND 59TH AVENUES AND BET4IEEN 7TE1 STREET AND JEFFERSON STREET: y MOTION by Councilman Breider to waive the first reading of the Ordinance and 1 adopt the ordinance for the Vacation Request, SAV 1174-02, by Robert Stixrud to vacate the East and West 10' of a drainage and utility easement in Blopks 1 and ' 2, Lyndale Builder's 7th Addition. Seconded by Councilman Utter. Upon a roll call vote, Councilman Utter. Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINAFlCE CLARIFYING ACCESSORY BUILDING REGULATIOf1S CHAPTER 205 SECTION 205.051 PARUGRAPH 2 A MOTION by Councilman Utter to waive the reading of the ordinance and adopt the first reading which would clarify accessory building regulations (Chapter 205, Section 205.051, Paragraph 2, A. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Utter, Councilman Nee, Councilman Breider, Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE FOR THE VACATION REQUEST SAV #74-01, BY FLORENCE SWANSON. TO VACATE TiMiT PART OF HUGO STREET DEDICATED IIJ THE PLAT OF SWANSON'S TERRACE, LY .i EASTERLY Of fHE S UTHERLY EXTEtJSIOPJ OF THE WEST LINF OF TS AND 3, SWANSON-S TERRACE: MOTION by Councilman Nee to waive the first reading of the Ordinance and adopt the ordinance on the first reading for the vacation request SAV #74-01, by �--� Florence Swanson to vacate that part of Hugo Street dedicated in the plat of ! ttt i , 1-42 1 REGULAR COUNCIL MEETING OF AUGUST 5, 1974 PAGE 3 Mr. Stimmler said he would hope to get some assistance from the businessmen in the City of Fridley. He said he would not guarantee that this would be paid back, but he promised to try to obtain the financial support from the civic organizations and businesses. MOTION by Councilman Utter to concur with the recommendation of the City Manager and Director of Parks and Recreation and contribute 10% of the total cost or $550 to the Craig Park Girls Softball Team and also contribute $1,950 in the form of a loan for the girl's transportation expenses which are to be reimbursed after the return of the team from the National Tournament in Satellite Beach, Florida. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. P ORDINANCE NO. 562 - AN ORDINANCE FOR THE VACATION REQUEST, BY ROBERT STIXRUD, TO VACATE THE EAST AND WEST 10' OF A DRAINAGE AND UTILITY EASEMENT IN BLOCKS 1 AND 2, LYNDALE BUILDER'S 7TH ADDITION: GENERALLY LOCATED BETWEEN 58TH, . 59TH AVENUES AND BETWEEN 7TH STREET AND JEFFERSON STREET: MOTION by Councilman Utter to waive the second reading of the ordinance and adopt the Ordinance No. 562 on second reading and order publication of the Ordinance on Vacation Request, SAV #74-02, by Robert Stixrud, to vacate the east and west 10 feet of a drainage and utility easement in Blocks 1 and 2, Lyndale Builder's 7th Addition. Seconded by Councilman Nee. Upon a roll call vote, Councilman Starwalt, Councilman Utter, Mayor Liebl and Councilman Nee voting aye, Mayor Liebl declared the motion carried. ORDINANCE NO. 563 - FOR THE VACATION REQUEST SAV #74-01, BY FLORENCE SWANSON: TO j VACATE THAT PART OF HUGO STREET DEDICATED IN THE PLAT OF SWANSON'S TERRACE, LYING f EASTERLY OF THE SOUTHERLY EXTENSION OF THE WEST LINE OF LOTS 1 AND 3, SWANSON'S TERRACE: Councilman Nee said the item numbered 19 on the agenda should be handled con- currently with this proposed ordinance: AND r REVIEW OF PURCHASE PRICE OF SWANSON LOTS FOR RUTH CIRCLE PARK PREVIOUSLY APPROVED ON MAY 6, 1974: Mayor Liebl read from the memo submitted to the Council in the agenda which stated the various figures that were to be taken from the $6,700 purchase price of the property. He commented after the taxes and special assessments and pending assessments are taken from the total price of the two lots, the seller would receive ! a total of $3,716.51. r The City Attorney, Virgil Herrick, said there seemed to be some confusion, at least in his mind. He said he had tried to draw the contract and had asked for the necessary figures from the Finance Department and also the Park Department. He again stated the various figures concerned and said the motion of the Council when this was considered was to concur with the recommendation of the Parks and Recrea- tion Commission. He added, their recommendation would be to have the seller pay 3 the 1974 taxes, existing special assessments and pending assessments. He noted he had talked to Mr. Kenneth Sporre concerning this matter and the item listed as number "C" in the memo was not reflected in the minutes. He explained this amount— $2,154, would be a lateral charge if the property is developed. He said this would be a pending assessment in the future if the property would be developed. The Finance Director referred to the pending assessments and said they are not really legally pending assessments. He further explained that this was one of those cases where the property had not been assessed for laterals because there was no connection. He said there is no project as such and the lost had not been built on and may never be. He said if the lots are not built on, there would be no charge. The City Attorney advised the Council that this amount would not comply with the strict statutes as a pending assessment. The Finance Director said he did not believe this amount would be a legal pending assessment and the City Attorney said this would be his opinion also. 1 43 REGULAR COUNCIL MEETING OF AUGUST 5, 1974 PAGE 4 MOTION by Councilman Nee to decrease-the amount to be paid by Mrs. Florence t r Swanson by the pending assessment or $2,154.68, as it has been determined as the ment. Seconded b Council has been advised that this is not a pending assess Y Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the l motion carried unanimously. MOTION by Councilman Nee to waive the second reading and adopt Ordinance No. 563 ; for the Vacation Request SAV #74-01, by Florence Swanson, to vacate that part of j Hugo Street dedicated in the plat of Swanson's Terrace, lying easterly of the southerly extension of the west line of Lots 1 and 3, Swanson's Terrace, and that the publication of the ordinance be ordered. Seconded by Councilman Utter. Upon a �. roll call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter, and Councilman i Nee voting aye, Mayor Liebl declared the motion carried unanimously. ORDINANCE NO. 564 - AN ORDINANCE CLARIFYING ACCESSORY BUILDING REGULATIONS CHAPTER 205, SECTION 205.051, PARAGRAPH 2, A i The Assistant Engineer, Mr. Dick Sobiech, said everything was in order on the proposed ordinance and the staff recommended adoption. MOTION by Councilman Utter to waive the second reading and adopt Ordinance 3 No. 564, an Ordinance clarifying accessory building regulations, Chapter 205, Section 205.051, Paragraph 2, A, and that publication of the Ordinance be ordered. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter and Councilman Nee voting aye, Mayor Liebl t declared the motion carried and ordered publication of the Ordinance. ORDINANCE NO. 565 - AN ORDINANCE AMENDING SECTION 402 OF THE FRIDLEY CITY CODE f CONCERNING METER READING AND PAYMENT FOR SERVICES AND DISCONTIN'JATIOJ OF SERVICE. SAID AMENDMENTS WILL ADD A PENALTY FOR NONPAYMENT ATOF BILLS AND AMENDS THE CHARGE FOR RESTORATION OF SERVICE: MOTION by Councilman Utter to waive the second reading and adopt Ordinance No. 565 j amending Section 402 of the Fridley City Code concerning meter reading and payment for services and discontinuation of service which would add a penalty for nonpayment } of bills and amends the Charge for restoration of service, and that publication j be ordered. Seconded by Councilman Nee. Upon a roll call vote, Councilman Utter, t Councilman Nee, Councilman Starwalt and Mayor Liebl voting aye, Mayor Liebl declared the motion carried and ordered publication. ORDINANCE NO. 566'- AN ORDINANCE AMENDING SECTION 402 OF THE FRIDLEY CITY CODE } RELATING TO WATER METER DEPOSITS, SAID AMENDMENT ELIMINATING THE REQUIREMENT THAT CUSTOMERS BE REQUIRED TO MAKE A METER DEPJSIT: MOTION by Councilman Utter to waive the second reading of the ordinance and adopt the ordinance on second reading amending Section 402 of the Fridley City Code relating to water meter deposits, said amendment eliminating the requirement that f customers be required to make a meter deposit, and that Ordinance No. 566 be published. - Seconded by Councilman Nee. Upon a roll call vote, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried and ordered publication of the ordinance. j CONSIDERATION OF SHADE TREE DISEASE CONTROL PROGRAM (TABLED 7-15-74): i I Mayor Liebl referred to the memo supplied to the Council from the Naturalist/ Resource Coordinator, Mr. Dan Huff, and read portions which would explain the cost factors and amount of dead and diseased trees. Mayor Liebl indicated this f action is now required by the State Legislature by recent action. He said he felt Mr. Huff had been very busy doing a good job. Mayor Liebl noted that the first resident_of the City to receive notice from the City concerning dead and diseased trees was the Chairman of the'Fridley Environmental Quality Commission. Mayor Liebl said the current question would be if the City should establish a program or hire a contractor to take care of this as is done with the weed control prgoram. He mentioned the proposed amount in the budget for the program is $12,000 for the remainder of the year 1974. Mayor Liebl asked if the proposed $12,000 would do an adequate job from the public standpoint. He said would this cover the cost of removal on public property. Mr. Huff said this would be adequate for minimal work and the necessary work could I ORDINANCE WO. s6,2 u AN ORDINANCE UNDER SECTION 12. 07 OF THE CITY CHAR'T'ER„ TO VACATE STREETS `AND •ALLEYS AND, TO AMEND APPENDIX C OF THE CITY CODE t THE COUNCIL OF THE CITY OF FRI'DLEY DO ORDAIN AS FOLLOWS r . SECTION 1. For the vacation of an easement described as follows: The Easterly and Westerly 10 feet of an existing 30 foot `drainage and utility easement in Blocks 1 and 2., Lyndale Builders 7th Addition, All lying in the North Half of Section 23, T-30, R-24 , City of Fridley, County of Anaka,. Minnesota. Be and is hereby vacated. 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 BY THE CITY COUNCIL OF THE CITY OF 'FRIDLEY THIS;, STH DAY OF AUGUST . 1974.1 _ - MAYOR - 'Frank G. Li ebb. ATTEST: . CITY CLERK - Marvin C. Brunsell , Public Hearing: July 8 ,:, 1974 First Reading: July 15 , 1974 Second „Reading August 5, 1.974 Publish; . . . . . . . August 14,=4 r . i . c., �; i � � °° s _._ .. .. .�. ; , . . - �_ . , . ... ... ... � � .. i h. + ' ;' ... � � � � t - � � � � ")7 '� :':� n �•.. 7 :f. a .. .. ,,, ,..., .... .. . , .. � ., ._ s......,» 1 ..... _. � r. ,.., c.. .. ,... r � � � .. i �.. � ,� '.. i ... ., � j ._.�... ........ ,,. 1 v' 1 M .. .. i - .. r � r � _ j �'.. £..... ... � ! ...... .., a �. � ! ' 4 ..._ .. ... � � � ..._ �. �; � 1 �� � i _, _ S .,, . ;. _ __ ,. v � � ,�..a __ � i � . „ ,�� , .. (Official Publication) ORDINANCE NO.562 AN ORDINANCE UNDER SEC. TION 12.07 OF THE CITY CHAR- TER TO VACATE STREETS AND ALLEYS AND TO AMEND AP- PENDIX C OF THE CITY CODE THE COUNCIL OF THE CITY OF FRIDLEY DO ORDAIN AS FOL- LOWS: SECTION 1.For the vacation of an easement described as follows: The Easterly and Westerly 10 feet of an existing 30 foot drain- age and utility easement in Blocks 1 and 2,Lyndale Builders 7th Addition, All lying in the North Half of Sec- tion 23,T-30,R-24,City of Frid- ley,County, ofAnoka,Minnesota. Be and is hereby vacated. 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 BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF AUGUST,1974. FRANK G.LIEBL ATTEST: Mayor MARVIN C.BRUNSELL City Clerk Public Hearing:July 8,1974 First Reading:July 15,1974 Second Reading:August 5,1974 Publish:August 14,1974 (Aue.14,1974)—FRID