The URL can be used to link to this page

SAV74-04 CITY OF FRIDLEY '` MINNESOTA TYPE OF REQUEST i PLANNING AND ZONING FORM Rezoning I Numb ?4-04 Special Use Permit Approval of APPLICANT'S SIGNATURE r1Preliminary Plat / D� /, ��4 Approval of Address_ J +e' !. �-; Final Plat _Streets or. Telephone Number �j ,3 —� Alley Vacations Other PROPERTY 01NI ER'S SIGNATURE f Addressj�`7'f Telephone Number \� Street Location of Property ,ssl �? ; I Legal Description of Property �� %, /� g6e�-, `RLC- I II Present Zoning Classification Existing Use of Property4Z&e�L r Proposed Zoning Classification, Special Use, or other request Describe briefly the Type of Use and Improvement Proposed �O Xa e1 d� Acreage of Property 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? What was requested Fee Enclosed$'' cc. No. Date Filed Date of }Hearing i i I w .. r t� ':''�.i it 1 k. .� �, '. � � .... C .. li. � ` .. .. .. ... .... t. • . � .J . � _. _.. ......... .... .........__ a.. £r .� l { }' . ' ..a � t '. ..,.. 1 - .t � > � . ,.> u .,. • ,� � -... .. .. � � ,. i .. ,. �, _ "� i.,�� i _ . 1 j VLAVmr, ANO ZONING FO�jtM PAC'Z tlt�ber �,� ��v� • Th4 podereigned understands that: (a) A list of all residents and nwnera of n;o- perty within 300 feet dust be pttactied' O this application. (b) This application must be sign-d by all owners of the property, or rn erplanition given why this is not the ccaae. (c) Responsibility for any defect in the proms ceeding9 resulting from the failure to the ntamen and addresses of *11 residentq and property owner& of property witE�'Ll ;C feet of the property in question, bc!Iop3v to the undersi3ned. 9041degto and Owners of Property within 300 feet: PERSONS ADDRESS I i A sketch of proposed property and structure must be dravn on the back of th$s { forty or attached, showing the following: I. North Direction ! 2. Location of Proposed Structure on jot . 3. Dimensions of property, proposed j structure, and front And side tet*batl;q, 4. Street Names f S. Location and use of adjacent existino buildings (Within 300 feet) . Tho undersigned hereby declares that all the facts and representations stated ;4p this application are true and correct. I INA SIGWA TIME 4(APPLICANT) 1 Approved Denied By the 3oeasd of a ehis 8ub4ect .to the Following Conditions: Approved Denied by the Planning Cocxnicoion on j Publept to the Lollowing Conditions: ,approved Denied by the Council on 00JUt to the Fgllowing Conditions: data ! Vorm PC $00 I A irregular strip of land lying within a 15.00 foot utility easement at the rear of Lot 12, Block 5, Rice Creek Plaza. South'Addition, 1inoka County, lying South of the north line of said Lot 12 and adjoining the westerly line of said 15.00 foot utility easement described as follows: R Commencing at the northeast corner of said Lot 12; thence West along the north line of said Lot 12 a distance of. 11..50 feet; thence South and parallel with the west line of said Lot 12 a distance of 8.40 feet to the point of beginning; thence continuing along said parallel line a distance of 24.70 feet; thence West and parallel with the north line of said Lot 12 to the westerly line of sAi.d 15.00 foot utility easement; thence northeasterly along the westerly line of said 15.00 foot utility easement to a point 8.40 feet South of the north line of said Lot 12; thence East and parallel with the north line of said Lot 12 to the point of beginning. r F t 2G THE JOHN J. RYAN CO. >>��, TELEPHONES 646-6688 SCALE: I INCH `4y FEET 1595 SELBY AVENUE,ST. PAUL 55104 PLAT OF SURVEY OF PROPERTY OF CTerru GLl/,,�c�rl LOCATION .�"/ /2''?- S� /V DESCRIBED AS FOLLOWS ! O/A ^—ayJ' •' 1114&_,��r h /Q�� / O1 L.OTI �✓C�� 1cz'-,-e Z2-ee,4: f'/gz i el T/L 1 T ASErtl c�T� N .p- d GCMG. M�� / 0 SPT, 6 1 ! CERTIFICATE OF LOCATION OF BUILDING CERTIFICATE OF SURVEY I hereby certify that on /D -/7 19 e I hereby certify that on 19 this survey, plan, or report was prepared by me or under this survey, plan, or report was prepared by me or under my direct supervision and that I am a duly Registered Land my direct supervision and that I am a duly Registered Land I-SUeyor under the taws of the State of Minnesota. Surveyor under the laws of the State of Minnesota. JOHN J. RYAN. REGISTERED SURVEYOR, No.4480 PAUL J. CRANE. REGISTERED SURVEYOR. No. 4449 L, THE E. S. 1ACDON000H CO. �/� 1953 UNIVERSITY AVENUE, ST. PAUL 55104 TELEPHONES 1646.6858 IN SCALE: t CH_Ye'Q FEET 742 But t-OERS EXCHANGE BLDG., I4ItINEAPOLIS 6'5402 t`333-6476 t7F PROPERTY /y7 DESCRIBED AS FOLLOWS�/ ��/ _nr—. l��'r11. ?,y�'�7�,�t!�;7��'+ /��/'_,,,•:+��j�� f - -19 a iY, ,,32.� f G�l.P. h• �/� R %0 APf i 1,A i L "*4 IN - t � � 1 t 1 CERTIFICATE OF LOCATION OF' BUILDING CEI:TIFICATF. OF SURVEY I heri.by certify that I hereby ccrtif} that un.._._—___._. — j I taatic n su-vvy o- the lcc:!Ilwi of thy huildiaff(s) ml tila I; nbove c}^,rrilicd prr.;.crty and til:,t Lhe lo:ation of sa;d I surveyed the prvv(-rty de.crihed above and that the above I. buildingl,$) i-1 cerrec::ySlhoivn 11, tilt abase pint. ? plat is a correct repro-entation of said survey. 11 E.E3.MC13%-) 0U-F�'f:=GIS7'ERECSURVE_YOR. No. IP-00 --��-` PAUL.J.Cf?KNE. No. 4349 \� JOHN JRYAN, No.4.139 Form Fo. 131:M ]:rClain gnlman S-hulAr C,., ----------�-- --- Council November 5, 1974 MAILING LIST SAV #74-04 Jerry Guimont Vacate portion of 15 ' utility easement for addition to a garage. Mr. Fred Levy Times Bldg. 55 South 4th Street Mpls. 55401 William R. Williams 220 67th Avenue N.E. Fridley 55432 Mr. & Mrs. Lynn Hansen 210 67th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Roy Burke 200 67th Avenue N.E. Fridley, Mn 55432 Jerry Guimont 2187 Lake Brook Drive New Brighton, Mn 55112 Mr. & Mrs. Darold Johnson 6541 2nd Street N.E. Fridley, Mn 55432 Minneapolis Gas Company c/o William Schram 733 Marquette Avenue Mpls Mn 55402 Larry Benson Northern States Power Company 4501 68th Avenue North Minneapolis, Mn 55429 Warren E. Roske N4rthWestern Bell 6540 Shingle Creek Parkway Minneapolis, Mn 55430 Robert L. Brewer General Television, Inc. of Fridley 350 63rd Avenue N.E. Fridley, Mn 55432 2F October 8, 1974 1 Gerald Guimont Western Construction Company 6950 Wayzata Blvd Minneapolis, Minnesota 55426 Dear Mr Gulmont The Minnesota Gas Company has no facilities within that platted utility easement over the Easterly 15 feet of Lots 12 and 13, Mock , Rice Creek Plaza South Addition. D� We therefore have no objection to the vacation nor con- struction over all or any part of said utility easerrent as described herein. 1 Sincerely YJWilliam R Schram C4 I Property Section WRS:kg cc: J H Anderson fY')F"a pr' ,�;t':. . � .,� � s+ � �` :. � ,r +A•A4's'... '1� ��'' _ c � paF,�^ x 72 � r - - c(r :y, .,+&c � yyG `l, r�' ,Y- .'pct+• v-�i if -„ _: it 14^ � F'� ''� .� -,. •8"... `' r ",�'x .h f?,�4�� ' _ �"' � y r� ."'�e �i:a •;gra .:r "„� r d i r E q .aT�'�"7% ��,�W Rv •..� f c� ,,. t°y� `� i � a�s��Sm,a ��'*��,p�qqy�� a ,ti r�.. A ��_ � �.,, � - }' _ �ai`J r�� .•r��^MFa� '"' r +F,,� ° w.^.'`x'�'i � ay,�x 'S wC'�'K;d��^...' � R:• . .;.�`f i..t y:i7�' F'�w'�-. MI fw T* `�"f �.�s� '>t 4 �- •- � ��'�"'�r° � 4q ��4"•�'�'.l+ �, aa,'*r a T;�R>:..�� w�..'i �,xsfi'�.' rya•hv��e -: �, z..� �' t��a�,,, "'6 �° F �'i,¢��T"�fi�� Jl✓x=obi 1YA � .µ�,� d 1 � � a as �$ �,�Y�';< � � .R.-� » = '• ?$��',y�r, �''f`4 „ �"s�"�,Fp�`}-. "•- y ra'.r 3- '.,'rs` Y: ? '�S.-. �'� _,:,� .. . �y�,��'��L.,. z "r� �14: � q�Y�� 4+'�'�� r i.F y y� qy - "' 'm' '� �Y• - ��"� 'Y d>"X,. �f:3t "* ��. 7 n��.-'-ts^"�� 'R''� 's' �y�i"` •$'"� *n` i `..t �act' �.�a?T,'�'' ', tire;,•Yvi - .. �� N^..� � +� fb' �i •. _ .ptr" _� •x+�, -'sE�f 3z?'S' �"�`�:Tr' 3ts�N� i�> •g��' 9- �� st�y�� r r �' d y„ �x �e.,,y\.� w" T � `-`„` �: ��$ � � •,tYtwR��J,c .,�,,� r�,a +�:.^tv<.� 3X� ��n ;�, � h .%'.s'k�,.�i v .• K Y to t6Ab, N SIA NA - a ' yyfyR.i 9Nd'"rx"r, trF 's tT tl �^•� .. - 3 w .._ �: - U4 _` ey..� r.:'iG 3`• .r � j16 '?.arc _� ¢s "�Y '� R 'Mr.. '� '�� '��. �_y��.r4 �.a•.�` � -yl R,y, �� a !•' t'. 'S�^�,. �k �'A�, "'R tiC k*fi,�t1'. w. -i'� � � � "qF"` A�. ','> '�75, �, ��z� � "'�' •. x `.� m,>�"�'k6 `."t d�.t`" '. z .:'�d� �. v�� 7�" � `.,, .w2a�'. �3 Q �" �.i • ,y Y�4 1 • � 4 'y. 52 15, mw lop-, IPA pt . ME tVi ` ... ar�y 'Fµ' .... .... �E�Ns > 'S� -'fi '' _ t fi�� .k• �.,r x f�R F' ` x `�^ r..=r n• c - " ''} �3 wr1$ rh:T , },�' a' � �_; x 2E .asp NORTHERN STATES POWER COMPANY 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 October 10, 1974 Mr Jerry Guimont Western Construction Co 6950 Wayzata Boulevard Minneapolis, Minnesota 55416 Dear Mr Guimont With regard to the garage addition at 6521. - 2nd Street N E - Fridley, Minnesota, NSP does not object to the garage being within 12 inches of the NW Bell Telephone Company pole, as long as it does not interfere with the maintenance of our facilities. Sincerely LMB7n'so,n Customer Service Representative North Division LMB/rp 2D Northwestern s call 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 October 10, 1974 Mr. J. Guimont Western Construction Company 6950 Wayzata Boulevard Minneapolis, Minnesota 55416 Dear Mr. Guimont: Re; Lot 12, Block 5, Rice Creek Plaza South Addition, N2, Sec. 14, T. 30, R. 24, Anoka County This letter is in regard to your request for the abandonment of the utility easement at the rear of your propery on which you propose to construct an addition to your existing garage. The Northwestern Bell Telephone Company has one joint use pole (NSP, CATV and NWB) with wires attached which serves your property and adjoining pro- perties. We have no objection to the abandoning of a portion of the rear utility easement; however, we do request that only that portion of the ease- ment on which your proposed structure encroaches be abandoned and recorded as such in the description of your property. We will agree to abandon that portion which will lie at a minimum of one foot west of the existing utility pole as shown on the attached sketch. This will permit the telephone pole to remain in place on a legally described utility easement. Very truly yours, 4) e. g" District Engineer Att�Ch cc: ,Darryl Clark Inspections Dept City of Fridley Larry Benson, Engineer Northern States Power Co, Robert L. Brewer:- General Television, Inc. of rr_idley JLS/mo 2C OCTOBER 15, 1974 Ir. J. Guimont Western Construction Company 6950 Wayzata Boulevard 14inneapolis, Minnesota 55416 Dear Mr. Guimont: Re; Lot 12, Block 5, Aice Creek Plaza South Addition, N1/2, Sec. 14,T. 30, R.2 4, Anoka County This letter is in regard to your request for the abandoment of the utility easement at the rear of your property on which you propose to construct an addition to your existing garage. General Television, Inc. is in joint use with (NSP,and NWB) with w, res attached which serves your property and adjoining properties. We have no objection to the abandoning of a portion of the ease- ment on which your proposed structure encroaches be abandoned and recorded as such in the description of your property. We will agree to abandon that portion which will lie at a minimum of one foot west of the existing utility pole as shown on the attached sketch. This will permit the telephone pole to remain in place on a legally described utility easement. Very truly yours, Ro ert L. Brewer General Television, Inc. of Fridley Attach cc: Darryl Clark Inspections Dept. City of Fridley Larry Benson, Engineer Northern States Power Co. Warren E. Roshe District Engineer Northwestern Bell RLB/kab _ U O Izo 3�,3 SZ•? 6, I O J ri W I $ � i' o V 0 Di N - 1 I � J 1 � I 1 I 1 o — — UI - )0, !S �• I 1 >� �-NA Vlt sAV #74-04, Jerry Guimont Vacate a portion 111:1of a, 15easement l..•. �r ,p` �,A ,, ,� fora garage addition' 63 Int � �+ �'/ /_ � •�' �� < <, � �• \: �a' . ,d'' _lye � � �,• r.G ,,. a __ ''it ;: 3 t - �. Y .lin s.b ••� {i .•s'' f .1 iTlF�f'"•r�}-� !�• ,ry' f/ t+;./// op /G~ Q' '`��' `,' �Q� 1� J,,Nt\ ey��^ ` !�^/l6 .E7t?"'� ./d:o�' .�, «. •, 67i:�' /7l is I$► abs• ' ;, I7 :. h :YCr Py o /i./O l /�=,' ;�s`� M1��D �..i� �}4�- �\ 4.. Z. ��(n��.� I� YIj�rN ♦• fs • •� =t i+ .. M. J— lbb ;-J `b-7�� 1 'r M�s '.s 1• .s.• _ f. •.....,•,I< welP//v //j�/ �� / «' 9'�.A� Ldl,, ..' - •'.` �` !/J`/ ^� �O['_s ♦ (! r ^ JLx ••.,'gas >� t� �.n7 �1� �\� �� tl i a` '.� J vit . L�t �,�?`.fa U- i�'Z1 �� 6� `o�<-•�/ p�/a l aC�Q .�,�.'.,.arG7��o<� c, , �•�0•`1 _. I •e . / 1 65Jr� 16•.. a �. �q L 1 ^ ui _ UJ W//4 CORNER , `1 SEC./4 e ,._ �, _ ; ��, ,; �� • ;; ', _ , . . .. :_.- , �� ... ;t •� ,? - f 1.1 �I t . t i 4 I � � _ ; . ,xti _. ' � � ' .__. �; �l { �I ,, •�i • .', I � c• � 1 ti Si NJ y 4 i (Y o _ f } lQr n • � 1 i w 1 � 73 RD ST s Plats & Subs. -Str. & Util Sub. Meeting - October 16 , 1974 Page 6 2. CONSIDERATION OF A VACATION REQUEST, SAV #74-04, BY JERRY GUIMONT: Vacate that portion of a 15 foot utility easement needed for a 30' x 24 ' addition to an existing garage located on Lot 12 , Block 5 , Rice Creek Plaza South Addition, the same being 6551 2nd Street N.E. Mr. Clark said we have letters from the four utility companies involved, saying that they have no objection to vacating that portion of the 15 foot easement the garage slab is sitting on. The surveyor has not as yet given us an exact description of what is to be vacated, but when he does, we will set up a hearing on this vacation. There is a 25 foot easement in this area, and the 30 foot addition to the garage will encroach about 7 feet into this easement. The telephone pole will be about 1 foot from this garage, but the power company says they have no objection to this , and they will not move the pole, because this is on a corner, and would cost about $2,000 to move. This pole is used by N.S.P, Northwestern Bell and General Televi-: sion. Mr. Clark said that as long as the four utility companies have no objection to this encroachment, and there is no objection from the City Engineering Department, he 'saw no reason this vacation shouldn' t be jranted. Mr. Meissner asked if the slab was already there. Mr. Clark said it would be by October 17th. Mr. Meissner asked if they had a building permit. Mr. Clark said they did. Mr. Meissner said he strongly resented people putting the City in the position of having to approve something that was already a fact. We are being asked to approve something that has already been given away. Mr. Clark said that it was either that, or the petitioner couldn' t build a garage until next year. Mr. Meissner said that wasn' t the point, the City should not be forced into those positions. Mr_ . Clark said the peti'ti'oner has been working for about a month to get the letters from the utility companies and getting a surveyor out to his property to lay out the position of the garage so lie would know what vacation he would need. Mr. Meissner said he must have been thinking of this earlier than a month ago, so the fact that it is this late in the season should have nothing to do with it. Mr. Clark said there is some question from the attorney' s office that the petitioner should even have to ask for a vacation of a utility easement when all the utility companies have stated in writing that they have no objection to this encroachment. Mr. Clark said he advised the petitioner to get the vacation, or it could cause problems at the time of the resale of this building, as far as getting a mortgage commitment. The reason Mr. Guimont wants to add on to the present garage is because this property is a seven unit apartment building and his tenants are asking for garage space. He provides off street parking for about 8 cars now, but doesn' t have garage space. With the addition, there will be room for 5 cars in the garage. Mr. Meissner said that in looking at this proposal, he has no objection to the vacation, it' s just the putting of the cart before the horse that he objected to. Mr. French said he agreed. Plats & Subs .-Str. & Utilities Sub. Meeting October 16 , 1974 Page 7 MOTION by French , seconded by Christensen, that the Plats & Sub- divisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of the request for a vacation , SAV #74-04, by Jerry Guimont , to vacate that portion of a 15 foot utility easement needed for a 30 ' x 24 ' addition to an existing garage to be established by a surveyor , located on Lot 12 , Block 5, Rice Creek Plaza South Addition, the same being 6551 2nd Street N. E. Upon a voice vote, all voting aye, the motion carried unanimously . Mr. Clark said he knew that the City could issue building permits on a utility encroachment if all the utility companies agreed to this in writing because they arejgoing to allow the Wall Corporation I to build their garage for their aparment building in the pond easement. 3. DISCUSSION Mr. French asked Mr. Clark if he would check with the telephone company and see when they were going to clean up the mess they have made in the front yards on Gardena. He said he lives in this area and people know he is on a Committee for the City and have been giving him some heat on this. He said the City had come out with a street sweeper and cleaned up the mess in the streets that they left, but he has been driving over a hump of dirt in his driveway for 2 weeks . Mr. Clark said he would call the telephone company. He said that sometime they farm out some of their work and maybe they weren' t aware of this problem. Chairman Harris adjourned the meeting at 9 :25 P.M. Respectfully submitted, Dorothy Evohson, Secretary 2A Planning Commission Meeting - October 23, 1974 Page 6 Mr. Korin said that before any grading i done and the hole South of hi property is filled up, the ter put the storm sewer and catch ba in, or he would have ter problems in the spring. Mr. Prieditis ' d if t was graded before the plat was approved, he would want to be sure of the slope on the South property line also. Mr. Fitzpat 'ck said the plat wo not be approved if the grading was done diff ently from what was stipu ated. 2. CONSIDERATION OF A VACATION REQUEST, SAV #74-51h;Lt BY JERRY GUIMONT: Vacate that portion of a. 15 foot util needed for a 30' x 24 ' addition to an existing garage, located on Lot 12 , Block 5, Rice Creek Plaza South Addition, the same being 6551 2nd Street N.E. Mr. Harris said there were letters from the four utility companies stating that they had no objection to that portion of the 15 foot easement being vacation where the petitioner wants to have his garage addition encroach on this easement. Mr. Harris said the entire ease- ment is 25 feet, so this is a wide easement. Mr. Clark said they had received the legal description of that portion that needs to be vacated from the surveyor today, and it is quite long. He said the petitioner could have encroached on this easement with the approval of the utility companies, but he had advised the petitioner to have it vacated so that 10 years down the line, there wouldn' t be any problems, such as getting a.:mortgage commitment. Mr. Clark said the petitioner has a 2 car garage now for a seven unit apartment building. This 30 foot addition will give him three more spaces to make this a 5 car garage. To do this , the front corner of the garage will encroach about seven feet on the easement and the back corner will encroach about 32 feet. The normal way we vacate an easement .is- usually the entire strip, but there is a telephone pole just one foot from the new garage wall. This happens to be a corner post, which is used by the telephone company, the power company, and General Television. It would cost in excess of $2 , 000 to move this pole. The utility companies do not want to move this pole, and have given permission for this garage to be one foot from the pole. Mr. Drigans asked if this could be a safety hazard. Could someone climb on the garage and then climb the pole? Mr. Clark said the pole has no pegs on it, so this shouldn' t be a problem. MOTION by Dr.igan , seconded by Blair , that the Planning Commission recommend to Council approval of the vacation request , SAV ##74-04 , by Jerry Guimont , to vacate an irregular strip of land lying within a 15 foot utility easement at the rear of Lot 12, Block 5, Rice Creek Plaza South Addition , Anoka County , the same being 6551 2nd Street N.E. , lying South of the North line of said Lat 12 , and adjoining the Westerly line of said 15 foot utility easement described as follows : Commencing at the Northeast corner of gaid Lot 12; thence West along the North line of said Lot 12 , a distance of 11 , 50 feet; thence South and parallel f 2B Planning Commission Meeting - October 23 , 1974 Page 7 with the West line of said Lot 12, a distance of 8 . 40 feet to the point of beginning; thence continuing along said parallel line a distance of 24 . 70 feet; thence West and parallel with the North line of said Lot 12, to the Westerly line of said 15 foot utility easement; thence Northeasterly along the Westerly line of said 15 foot utility easement to a point 8 . 40 feet South of the North line of said Lot 12; thence Fast and parallel with the North line of said Lot 12, to the point of beginning, to allow the construction of a 30 foot x 24 foot addition to an existing garage. Upon a voice vote, all voting aye , the motion carried . unanimously . 3 . OPEN MEETING LAW MOTION by Harris , seconded by Blair, that the Planning Commission recdive the letter sent to the Anoka County Attorney by four citizens of Fridley , and the letter rom Weaver, Talle & Herrick, sent to the City Council , dated October 1 , 1974 . Upon a voice vote , all Voting aye, the motion carried unani ously. Mr. Drigans said he hoped that t se four citizens were genuinely interested in the enforcement of the ,6pen meeting law and not pursuing this matter for po ' tical reasons. He said he was opposed to the Planning Commission eing used for political purposes. Chairman Fitzpa ick said th'/s is in the hands of the County Attorney now. 4. SETTING DATE FOR WO SHOP M ETING Mr. Drigans said the\aRning Commission had set aside one night a month, the same night aPublic Hearing meeting of the City Council, for having theirhop meetings . They hadn' t had one in October, acid he thoughshould request one for November. Mr. Clark said he thought Nevem er 18th would be the Public Hearing night for the Council, becailse N,vember 11th was a legal holiday. Mr. Clark said he thoi( ght he hould check with Virgil Herrick, the City Attorney, to see/if these eetings were in violation of the open meeting law. There Vinay have to be some notice given for these meetings. 1 5. RESPONSE TO MR. HU F' S MEMO Mr. Harris said h thought Mr . Huf should be invited to make his presentation at th next Planning Co ission meeting. MOTION by Harris seconded by Drigans that Mr. Huff make his presentation to the fanning Commission on ovember 6, 1974. Upon a voice vote, all voti g aye, the motion carr ed unanimously. 6. RIVERVIEW HEIGHTS Mr. Harris said he had an occasion for visiting in the Riverview Heights area recently. He said that during the flooding in 1965 , he had felt that this was a disadvantaged area, and was pleasently sur- (Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY CUNCIL TO WHOM IT 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,November 18, 1974 in the Council Chamber at 7:30 pomnfor the consideration of the fol- 11 g matter: Consideration of a request for a Vacation,SA V No.74-04 by Jerry GulmOnt,of an irregular strip of land lying within a 15 foot utility easement at the rear of Lot 12, Block 5,Rice Creek Plaza Addi- tion,lying South of the North line of said Lot 12 and adjoining the Westerly line of said 15 foot util- itY easement described as fol- lows: Commencing at the Northeast corner of said Lot 12: thence West along the North line of said Lot 12 a distance of 11.50 feet. thence South and parallel with the West line of said Lot 12 a dis- tance of 8.40 feet to the point of beginning: thence continuing along said parallel line a dis- tance of 24.70 feet; thence West and parallel with the North line of said Lot 12 to the Westerly line of said IS foot utility easement: thence Northeasterly along the Westerly line of said 15 foot util- ity easement to a point 8.40 feet South of the North line of said Lot 12,thence East and parallel with the North line of said Lot 12 to the Point of beginning, lying in the North Half of Section 12, T-30, R-24,City of Fridley,County of Anoka,Minnesota. Generally located at 6551 2nd Street N.E. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. FRANK G.LIEBL (Nov.6,13,1974)—S.B Mayor 1.06 PUBLIC HEARING MEETING OF SEPTEMBER 16, 1974 PAGE 13 aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing on the budget continued until Saturday, September 28, 8 A.M. j ORDINANCE i!0 569 - REZOINING REQUEST 7.OA #74-02, BY BERKELY FU-MP COMPANY, TO REZU ' FROK R-1, TO iT-1, LOTS 1 AND 2, BLOC Y. 13, SPRIidG BROOK PF,RK /ADDITION: 181 � ELY SrkEET P!. F.: -- i f , The Public Works Director said he would recommend the second reading of the Ordinance at this meeting. He said the appropriate agreement has been submitted. He also s said I I ; re would recommended that the ordnance be adopted. MOTION by Councilman Nee to adopt the Ordinance on second reading, waive the reading and order publication of the Ordinance. Seconded by Councilman Breider. Upon a roll, call vote, Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman Nee, and Councilman Breider voting aye, Mayor Liebl declared the notion carried unanimously. i MOTION by Councilman Nee to concur with the agreement and authorize the Mayor t and City Manager to sign the agreement. Seconded by Councilman Utter. Upon a voice r vote, all voting aye, Mayor Liebl declared the motion carried unanimously. i NEW BUSINESS: � CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUES ,�04'-903�.,LJAMES lUilDOFANEASEMEf!' , SEf�ERALLY LOTATEDN THE 1500Bt.00Y. BETE. E AND ONOPYUF',GA STREET N. E.: MOTION by Councilman Breider to waive i the reading of the ordinance a . 9 and adopt the P , Ordinance on the first reading. Seconded by Councilman Utter. Upon a roll call ? vote, Mayor Liebl, Councilman Utter, Councilman Nee, Councilman Kreider, and Councilman Starwalt voting aye, Mayor Liebl declared the the Ordinance adopted I on the first reading. I I RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF AUGUST 26, 1974: MOTION by Counciman Breider to receive the minutes for discussion purposes. Seconded by Councilman Starwalt. } Councilman Breider questioned the installation of the score board. Councilman Utter ; said he had talked to Mr. Brown, Director of Forks and Recreation, and the City Manager concerning this installation the previous Friday, and this will be installed with a F } temporary hookup for the time being. Y I The City Manager said this is being taken care of this week. i Mayor Liebl called the Council's attention to the memo from the Planning Assistant, Jerry Boardman, and read it to the members of the Council and audience. ` Councilman Klee said he agreed with the content of the memo. Councilman Utter said I he also agreed. MOTION by Councilman Nee to concur with the memo from the Planning Assistant, Mr. I Boardman concerning the fencing of parks and the City's policy. Seconded by Councilman f Starwalt. Upon p r o voice vote, all votin ayeM unanimously. g Y ayor Liebl declared the motion carried UPON A VOICE VOTE, on the motion by Councilman Breider to receive the minutes of the I Parks and Recreation Commission, seconded by Councilman Starwalt, all voting aye Mayor Liebl declared the motion carried unanimously. RECEIVING REPORT ON ARMORY PROPOSAL FOR THE CITY OF FRIDLEY: The Public Works Director said at the July 15th meeting of the Council he was instructed to investigate the possibility of the construction of an Armor in the Ci - J City of Fridley. I He continued his presentation stating he had broken this study into three areas; loca- tion, cost and municipal and civic uses of such an Armory. t Mr. Sobiech said the site requirements are 350 feet by 350 feet or a total of 2.8 acres. He mentioned a possible site in the 200 foot City owned strip of property between the Columbia Arena and the City Garage. It would be possible that the nursery area could j be extended'and said that he had talked to Anoka County about the sharing of the garage facilities. He mentioned rather than take the area with many ` I � OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT 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, November 18 , 1974 in the Council Chamber at 7 :30 P.M. for the consideration of the following matter: Consideration of a request for a Vacation, SAV #74-04 by Jerry Guimont, of an irregular strip of land lying within a 15 foot utility easement at the rear of Lot _ 12, Block 5, Rice Creek Plaza Addition, lying South of the North line of said Lot 12 and adjoining the West- erly line of said 15 foot utility easement described as follows: Commencing at the Northeast corner of said Lot 12; thence West along the North line of said Lot 12 a distance of 11. 50 feet; thence South and parallel with the West line of said Lot 12 a distance of 8. 40 feet tb the point of beginning; thence continuing along said parallel line a distance of 24. 70 feet; thence West and parallel with the North line of said Lot 12 to the Westerly line of said 15 foot utility easement; thence Northeasterly along the Westerly line of said 15 foot utility easement to a point 8 . 40 feet South of the North line of said Lot 12 , thence East and parallel with the North line of said Lot 12 to the point of beginning, lying in the North Half of Section 12, T-30 , R-24 , City of Fridley, County of Anoka, Minnesota. Generally located at 6551 2nd Street N.E . Anyone desiring to be heard with reference to the above matter will be heard at this meeting. FRANK G. LIEBL MAYOR Publish: November 6, 1974 November 13 , 1974 11��/7 11.x. REGULAR COUNCIL MEETING OF SEPTEMBER 23, 1974 PAGE 2 ' ` t RDIh1ANCF_ "570 - FOR VACATION RF..Q!JEST, _SAV T`74-03,_JAMES LUt'D OF AN_EASF( EtQT, ! MThi:1500 BLOCK BE'ft'LE(� 73RD AVttdUE AP,D 0 '0(UAGA STf LE'T 14.E. MOTION by Councilman Breider to naive the second reading of the ordinance and adopt the ordinance on second reading and order publication of Ordinance 1x570. Seconded by Councilman Utter. Upon a roll call vote, Mayor Liebl voting aye, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication of the ordinance. ORDINANCE `571 - FOR REZONING REQUEST ZOA #74-03, BY THE CITY OF FRIDLEY, TO SE ISLAND OCR- FLOUrLAIQOD :dAYPEZO(; � MOTION by Councilman Breider that because of the request of the State Department, " he would move to waive the second reading of the ordinance, adopt the ordinance on second reading and order publication of the ordinance. Seconded by Councilman Utter. Upon a roll call vote, Councilman Utter, Councilman Nee, Councilman Breider, G and Councilman Starwalt, and Mayor Liebl voting aye, Mayor Liebl declared the f motion carried unanimously and the Ordinance #571 adopted on second reading and publication ordered. ORDINANCE {x572 - X-1ENDING CHAPTER 405 OF THE. FRIDLEY CITY CODE ENTITLED CABLE* TELEVISION FRANCHISE: RATE INCREASE: � f AND RECEIVING LETTER OF UNDERSTANDING FROM GENERAL TELEVISION, INC.: � '•. MOTION by Councilman Breider to receive the letter of understanding from General Television stating there would not be a rate increase for at least 16 months. Seconded by Councilman Utter. Upon a voice vote, all voting aye,.Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to waive the reading and adopt the ordinance on second reading amending Chapter 405 of the Fridley City Code entitled Cable Television Franchise: Pate Increase. Seconded by Councilman Utter. Upon a roll } call vote, Councilman Nee voting aye, Councilman Breider voting aye, Councilman } Starwalt voting aye, Mayor Liebl voting aye, and Councilman Utter voting aye, Mayor Liebl declared the motion carried unanimously and ordered publication. i NEW BUSINESS: ° , CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 3.03 OF CHAPTER 3, E t FRIDLEY CITY CODE ENTITLED PERS�ONNNEL: ~' 1 The City Manager suggested that the ordinance be adopted on first reading and the ordinance could be changed after additional input on the second reading. Mayor Liebl asked the City Manager if he anticipated any problems and the City Manager said no. MOTION by Councilman Utter to adopt the ordinance on first reading, that the reading be waived. Seconded by Councilman Breider. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting aye, i7ayor Liebl voting aye, Council- man Utter voting aye, and Councilman Nee voting aye, Mayer Liebl declared the motion carried unanimously. i RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF ,AUGUST 27, 1974: i MOTION by Councilman Breider to receive the minutes of the Environmental Quality j Commission Meeting of August 27, 1974 for discussion. Seconded by Councilman Starwalt. i i Councilman Breider mentioned the portion of the minutes dealing with the possible leaf composting program. He said he thought there was an indication that there would be money alloted in the 1975 budget for this type of program. He said in reviewing the parks budget for 1975, which is $70,000 plus, only $12,000 of this was for the purpose of neighborhood advancement. He said he did not think that this could be justified to the taxpayers. l . r I J 57 REGULAR COUNCIL MEETING OF NOVEMBER 4, 1974 PAGE 4 Councilman Breider said he is aware that the City cannot waive the taxes, but he felt the City Council could recommend that this be done by the County. He said if this is not done, there is the possibility of creating a 30 foot strip of land that would be isolated and could go tax forfeit. He thought if this is the case, the City may not obtain the monies due for the special assessments. MOTION by Councilman Nee to agree in principle to support the application to the County to waive the payment of the back taxes and penalties on the lot described, but not waive the special assessments. Seconded by Councilman Bredier. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. I CONSIDERATION OF EXTERIOR DEVELOPMENT PLAN, REQUEST BY FRANK'S NURSERY: The Public Works Director t explained how this e p o s consideration had been tabled because the landscaping plan was not prepared at the previous consideration by the Subcommittee. ! He said they withdrew the request with the understainding that they would come back at a later date when the plans were complete. He further pointed out that they had t i prepared an exterior development plan and would like to begin work before the winter months. He pointed out the area in question on the map on the screen and said all $ of the plan is according to the code and the width of the parking stalls are correct. A representative of Frank's Nursery said there would be no more merchandise out in the front of the building. This would be removed. He questioned the stipulation of installation of the fencing and said he believed that it would be more attractive ` to look at rows of evergreen trees than a wooden fence. i The representative of Frank's Nursery said the work is to be done by the 15th or ! 18th of November. Councilman Breider said this matter would have to go back to the Building Standards- Design Control Subcommittee. He said he would not want to bypass the Subcommittee, I but he did understand the situation with the winter freeze coming. MOTION by Councilman Breider to approve the parking plan, but direct the applicant to go back to the Building Standards-Design Control Subcommittee for the final approval on the landscaping plan. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declare d the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING CO.NlMISSION MEETING ## OF OCTOBER 23, 7974: f ! CONSIDERATION OF A PROPOSED PRELIMIPtARY PLAT, P. S. X74-06, ZANDER'S 1ST ADDITIQN, 1 BY DAILEY HOMES, I1C.: A REPLAT OF LOT 3, AUDITOR'S SUBDIVISION N0. 92, EXCEPT j THE NORTH 169 FEET OF THE LEST 164 FEET THEREOF, GENERALLY LOCATED SOUTH OF { 61ST AVENUE N. E., BETWEEN BENJAMIN STREET & FiCKIidLEY STREET N. E.: The Public Works Director said this had been tabled and will be considered at a later time. . CONSIDERATION OF A VACATION REQUES SA #74-04 Y JERRY GUIMONT: TO VACATE THAT PORTION OF A 15 FOOT UTILITY EASEE,TE NEEDED FOR A 30' BY 24' ADDITION TO [ AN EXISTING GARAGE, LOCATED ON LOT 12, BLOCK 5, RICE CREEK PLAZA SOUTH ADDITION, { r THE SAME BEING 6551 2ND STREET N. E.: The Public Works Director said the Planning Commission had recommended approval t of the vacation. He also pointed out that there were no objections on the administravite level and the City had received a letter from the utility company stating they had no objections to the vacation. ( i The Public Works Director said it would be in order to set a Public Hearing. i i i MOTION by Councilman Breider to set a Public Hearing for November 18, 1974. 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 Planning Commission Meeting j of October 23, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting I aye, Mayor Liebl declared the motion carried unanimously. . ! RECEIVING THE MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING F OCT013ER 24, 1974: I ! i z 121 REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 3 Mayor Liebl said six property owners had signed the petition. 1 MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8:02 P.M. Mayor Liebl informed the people present that the action of the Council would be taken the following meeting of the Council on the_Jirst reading of the ordinance. PUBLIC HEARING ON VACATION RE UET SAV #74-04 Y JERRY GUIMONT OF A PORTION OF A UTILITY EASE1,1N7,GENERALLY LOCA D STREET N. E.: MOTION by Councilman Utter to waive the reading of the Public Hearing notice. Seconded by Councilman Breider. Upon a voice vote, all voting aye, ilayor Liebl declared the motion carried unanimously and declared the Public Hearing open at 8:04 P.?-1. The Public Works Director explained that this request had been made to allow the construction of a garage within a 15 foot utility easement at 6551 2nd Street N. E. He pointed out this proposed construction in relation to the easement on the plan on the screen. He defined the plan stating this garage would go 31z feet into the easement on the north side and 7 feet into the easement on the south side of the ; garage. Mayor Liebl asked if the applicant was present at the meeting and there was no . response. He asked if anyone wished to speak concerning the request and there was no response. MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. t Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing closed at 8:05 P.M. 6 MOTION by Councilman Breider to receive the letters from Mr. Robert L. Brewer, General f Television, Inc., dated October 15, 1974, Mr. Warren Raske, District Engineer, North- ; western Bell Telephone Company, dated October 10, 1974, tr. L. "1. Benson, Customer 1 Service Representative, Northern States Power Company, dated October 10, 1974, and Mr. William R. Schram, Property Section, Minnesota Gas Company, dated October 8, 1974. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared tt the motion carried unanimously. PUBLIC HEARING ON A PROPOSAL TO CONSTRUCT A NATIONAL GUARD ARMORY: AND RECEIVING COMMUNICATION FROM LEAGUE OF WOMEN VOTERS REGARDING ARMORY: MOTION by Councilman Breider to receive the communication from the League of Women Voters dated October 30, 1974 and also the communication from the Fridley Jaycees dated November 14, 1974, and to continue the Public Hearing on the Armory proposal until the first Pubic Hearing meeting in February, February 10th, 1975. Seconded by Councilman Utter. The City Manager said one other item that should be taken care of at this time . is the approval of the draft of the letter submitted to the Council in their agenda from the City to the various communities in the area concerning their inputut on a joint proposal for an Armory. He said also, this consideration had been changed from January to February. MOTION by Councilman Breider to amend the original motion by adding the approval of the letter to be sent to the various surrounding communities concerning their input on a joint proposal for an Armory. Seconded by Councilman Utter. Upon a voice vote on the amendment g to the motion, all voting aye, Hayor Liebl declared the motion carried and thq, original motion amended. UPON A VOICE VOTE ON THE amended motion, all voting aye, Mayor Liebl declared the motion carried unanimously. r OLD BUSINESS: CONSIDERATION OF A VARIANCE TO REDUCE MINIMUM LOT AREA, BY NORTH METRO CONSTRUCTION, i. I t r . i lg`? REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 4 INC., FOR 200 ELY STREET N. E. , (LOTS 26 AND 26, BLOCK 11, SPRING BROOK PARK ADDITION) TABLED OCTOBER 12, 1974): The Public Works Director gave a brief summary of the action on the proposal thus far. He pointed out that the Board of Appeals had recommended approval of the variance. Mayor Liebl sought Mr. Sobiech's recommendation on the variance and Mr. Sobiech said he concurred with the recommendation of the Subcommittee. Councilman Nee questioned the applicant, Mr. Dennis Barker, inquiring if he had any discussions with the adjoining property owner. Mr. Barker replied, no, they had talked about this some time ago, the adjoining property owners had asked and he had said no. MOTION by Councilman Nee to table the consideration of the variance for 200 Ely Street until December 2, 1974 being that this consideration had been previously tabled to enable the people to get together and reach some decision, and they had not communicated. Seconded by Councilman Starwalt. The City Attorney outlined that there had been some variances of this type approved in the area and some had been denied. He concluded, this had always depended on the circumstances of the neighborhood and surrounding property. Councilman Nee expounded that he did not think this variance was substantial. He said he had supported variances of this type in the area. He commented that in the area where there is regular development, the codes should be supported, but in the westerly area where the development is irregular, he would be willing to make an exception. Councilman Nee conveyed that this property is not in the flood plain, this is on the other side of East River Road. He noted there are some exceptions ialready, but he would like to get this particular one resolved. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A VARIANCE TO REDUCE MINIMUM LOT AREA, BY NORTH METRO CONSTRUCTION, INC. , FOR 531 FAIRMONT STREET N. E., LOTS 15 AND 16, BLOCK 1, RIVERVIEW HEIGHTS ADDITION TABLED OCTOBER 21, 1974): , I Councilman Nee said this request was for a variance on property on the west side of East River Road. I MOTION by Councilman Nee to concur with the recommendation of the subcommittee and approve the variance. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. I NEW BUSINESS: RECEIVING COMMUNICATION FROM SPRINGBROOK NATURE CENTER FOUNDATION REGARDING NORTH PARK: 6layor Liebl explained that he had received a letter from Dr. Trezona, Chairman of the Springbrook Nature Center Foundation. MOTION by Councilman Utter to receive the letter from Dr. Trezona, Springbrook Nature Center Foundation, dated November 7, 1974. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl called on Dr. Trezona to address the Council. Dr. Trezona stated it is not often that he addressed the Council when he was as happy as he was. tie further stated that the Springbrook Nature Center Foundation had taken a grand step forward. He introduced the following Foundation members present at the meeting: i1r. Mark Noble, Mr. Neil Christenson, Dr. Walter Breckenridge, Dr. Donald B. Lawrence, Mrs. Janice Seegar, Senator David Schaaf, and Mrs. LeeAnn Sporre. Dr. Trezona read the letter submitted by himself to the Council and audience. He also listed the three points in the proposed resolution sent to the City by the Foundation. Dr. Trezona went on to state that it is the desire of the Foundation to cooperate with the various governmental bodies and private enterprises for the development of North Park as a Nature Center. He continued to state that in the campaign, they had stated that this development of the nature center would not involve any tax dollars• of i { f 194 i 1 REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 2 i t ORDINANCE NO. 575 - ABOLISHING THE OFFICE OF CHIEF OF POLICE: I � 1 i MOT10N by Councilman Breider to waive the second reading, adopt Ordinance No. 575 . on second reading, and order publication. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Kreider, Councilman Starwalt, Councilman Utter and :: Councilman Nee voting aye, iiayor pro tem Utter declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #74-04, BY HENRY F. iIUHICH, TO REZOtd't LM-IT—21, AND LOTS 28 - 35, LLOCK 4, SPRING ROOK PRKAADDITION, FROM M-1 TO R-1; GErERALLY LOCATED BETWEEN 79TH UAY AND ►. LONGFELLOW STREET AND ASHTON;AVENUE AND THE RAILROAD TRACKS: . � Councilman Breider asked if the lot owned by Mr. Benson had been removed from the L proposed rezoning. The Public Works Director said this had been done. Mayor pro tem Utter questioned if one of the lots owned by Mr. Benson had already been zoned R-1. The Public Works Director said he owns Lots 36, 37, and 38. He explained that Lot 38 is zoned R-1. Councilman Breider asked who owned the remainder of the lots. He asked if the i applicant owned them. The Public Works Director said the applicant did not own all of the lots, but the owners of these had submitted a petition saying they j favored the rezoning. MOTION by Councilman Nee that since all of the land proposed for rezoning to R-1 is being used as R-1, he would waive the first reading of the Ordinance, adopt 1 the Ordinance on first reading. Seconded by Councilman Breider. The City Manager, Mr. Nasim Qureshi, mentioned that there is a proposed roadway in the area that had been designated State Aid and the money had been designated. He said he would like the Council to be aware of the overall proposal of the. " area before making a decision on the rezoning. He further explained this develop- ment would be done by the railroad if the City wants it in the future. j Mayor pro tem Utter questioned if it was true that 77th would be closed when. 79th } was opened. The City Manager said yes. He said he would like the Council to have all the facts. He said he thought this might have some effect on the area to be e rezoned. UPON A ROLL CALL VOTE, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor pro tem Utter declared the motion carried. M [ CONSIDERATION! OF FIRST READING OF AN ORDINANCE FOR VACATION RE U SAV #74-04, BY ~ 1 _ Q JERRY GUIMONT, OF A PORTION OF UTILITY EASEMENT, GENERALLY LOCATED STREET NORTHEAST: f The Public Works Director advised the Council that there were.no objections to the vacation of the easement. Councilman Breider said he had no objections to the vacation of tf,e easement:. MOTION by Councilman. Breider to waive the first reading of the Ordinance and adopt the Ordinance on first reading. Seconded byCouncilmanStarwalt. Upon 4 roll call s vote, Councilman Utter voting aye, Councilman. Nee voti:ng`aye, CounciTman. Starwalt voting aye, and Councilman Breider voting aye, i•layor pro tem declared the motion carried unanimously. I CONSIDERATION OF A REQUEST FOR APPROVAL TO TELEVISE FRIDLEY CIT`F•GOUNGIL MEETINGS I LIVE, REQUEST BY GENERAL TELEVISION, INC. OF FRIDLEY: ! i Mayor pro tem Utter called on Mr. Terry Schuster of General TelevisiQn.to present the request. Mr. Schuster addressed the Council and said he had sent a letter of request to the Council. He said they were requesting approval-of the request andewould like to use the facilities to do some tests on lighting, etc. He-said they •did- not intend to cause any inconvenience to the members of the Council or audience. He added, ; he felt this was one of the functions of General..Television and he again" requested approval. i �� f � 212 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 2 . I CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #74-04, BY a HENRY F. MUNICH, TO REZONE LOTS 11-21, AND LOTS 28-35, BLOCK 4, SPRING BROOK PARK, ! ADDITION, FROM M-1 TO R-1; GENERALLY LOCATED BETWEEN 79TH WAY AND LONGFELLOW STREET AND ASHTON AVENUE AND THE RAILROAD TRACKS: I AND CONSIDERATION OF APPROVAL OF A REQUEST FOR HOUSE RELOCATION ON LOTS 31 AND 32 BLOCK 4 ! SPRING BROOK PARK ADDITION: ' The Public Works Director said all of the property owners on the lots proposed for rezoning had signed a petition favoring the rezoning. He said there had been no ' objection to the request with the exception of one property owner and his property ' had been deleted from theezoning request. The Public Works Director co inued to point out'that there is also a request to move a house to Lots 31 and 32, Block 4, Spri"'Brook Park Addition and he pointed . this area out to the Council ori`the map on the screen. Councilman Utter asked where the house was being moved from. The Public Works Director F said he believed this was being moved ir�om Edina. He advised the members of the Council that he had a picture of the house and s'6wed this to the Council along with the pictures = of the homes in the area where the house is proposed to be moved to. Councilman Utter a questioned if the homes would be of comparable values. F j Councilman Breider said he would have no objections to the house being moved to the f area if it had a garage in the plans. The Public Works Director said this was one of the suggested stipulations from the Building Standards Committee, that a garage ( be installed in 1975. Mayor Liebl asked the applicant, Mr. Henry Muhich, if'heoccu lanned to the home 1 Mr. Muhich said no. p occupy MOTION b Coun ilman Nee Y ,� to table the consideration of the second reading of the ordinance fop"the rezoning request by Henry Muhich until the second meeting in s January. S conded by Councilman Starwalt. Upon a roll call vote, Councilman t Breider vong aye, Councilman Starwalt voting aye, Mayor Liebl voting nay, Councilman Utter voting aye, and Councilman Nee voting aye, Mayor Liebl declared the motion 6 carried four ayes and one nay. �. ORDINANCE NO. 576 - FOR VACATION REQUEST V #74-04 JERRY GUIMONT, OF A PORTION OF UTILITY EASEMENT, GENERALLY LOCATED AT STREET: _ i The Public Works Director said there had been no objections to this request and he had obtained letters from the utility companies stating they had no objections to the vacation of a portion of the easement. MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the Ordinance, number 576, for the vacation request SAV #74-04, by Jerry Goimont generally located at 6551 2nd Street N. E. on second reading. Seconded by Councilman i I Starwalt. Upon a roll call vote, Councilman Starwalt voting aye, Mayor Liebl voting aye, ( Councilman Utter voting aye, Councilman Nee voting aye, and Councilman Breider voting ` aye, Mayor Liebl declared the motion carried unanimously and ordered publication of the Ordinance. . I CONSIDERATION OF LOT SPLIT_ REQUEST L. S. #74-16, GORDON PETERSON, 4565 3RD STREET "N. E. (TABLED 12/2/74 The Public Works Director pointed out the request on pages 4-C and 4-D of the agenda '= book. Ile said the Planning Commission had recommended approval of the request with the stipulation that before tgis item as reviewed by the Council the applicant was ` requested to provide a new surrey. H informed the Council that the sitpulation had been complied with and the new�surve appeared within the agenda book. Or. Sobiech said he recommended approval of'the, equest at the present time. w ( MOTION by Councilman Nee to concurith the recommendations of the Planning Commission and Administration and approve the lot-Wiit as requested by Gordon Peterson, 4565 3rd Street N. E. Seconded by founcilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. - 7 REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 6 REAPPROVAL OF LEASE AGREEMENT BETWEEN THE ISLANDS OF PEACE FOUNDATION AND THE CITY OF FRIDLEY: MOTION by Councilwoman Kukowski to reapprove the Lease Agreement between the Islands of Peace Foundation and the City of Fridley and authorize the Mayor and City Manager to sign the Lease Agreement. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NG OF CORRECTED ORDINANCE NO. 576 - VACATION REQUEST BY JERRY GUIMONT, SAV #74-04 ERROR IN LEGAL DISCRIS'TIO�: ulic Works Director explained that when the ordinance was being filed with the County, they had been informed that there was an error in thelegal description on the ordinance. He pointed out the change to be from Rice Creek Plaza to Rice Creek Plaza South". MOTION by Councilman Breider to adopt the correct Ordinance No. 576, for the vacation request SAV #74-04 because of an error in the legal description. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � I RECEIVING CLAIM FROM A. J. CHROMY COMPANY AND CORRESPONDENCE FROM CONSULTING ENGINEER S&W #114 The Public Works Director recommended that the Council receive the claim from A. J. Chromy and also the correspondence from the Consulting Engineer. He pointed out the communications on Page 12 through 12-F of the Council agenda. He also pointed out that there was a communication from the contractor A. H. Chromy within the material provided to the Council. The Public Works Director said the status report presented to the Council in February indicated the contractor was reluctant to progress property on Alden Way. He noted the previous Council action authorized that the contractor be notified that if the work was not completed the City would contract another firm to finish the project. The Public Works Director said the contractor had indicated that he would finish the construction. The Public Works Director said he had advised the contractor that the claim would have to be considered by the Council to approve payment of the claim. He again recommended that the Council receive the communications and direct the administration to prepare a recommendation to be presented at the finalization of the project. MOTION by Councilman Breider to receive the communication from the Public Works Director dated February 27, 1975, to receive the communication from the Consulting Engineer dated February 17, 1975, and also receive the communications from the contractor, A. J. Chromy dated February 12, 1975 and February 19, 1975 and that this matter be resolved as recommended for the completion of the project. Seconded by Councilman Fitzpatrick. Mr. Dennis Schneider, 6190 Stinson Blvd., addressed the Council and asked for clarifi- cation of the comments on restaking. The Public Works Director explained that the contractor did not take care of not disturbing the stakes and the consultant had to restake in many instances. The Public Works Director indicated that this would all be resolved within the recommendation. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ACCEPTANCE OF WORK UNDER, SEWER AND WATER IMPROVEMENT PROJECT #115 4 BY B & B EXCAVATING, AND AUTHORIZATION FOR WITHHOLDING FINAL PAYMENT: S The Public Works Director said there had been some problem in that the Contractor had not paid the subcontractors. He advised the Council that the work had been completed satisfactorily and it had been inspected and. all is in order. He said the work had been completed to specifications. The Public Works Director said it would be possible for the subcontractors to begin some legal process against the General contractor. The Public Works Director said at this time he recommended that the Council accept the work. He advised the Council that the City would have to obtain the appropriate , 3 lein waivers before payment of the claim. t MOTION by Councilman Starwalt to accept the work completed under sewer and water t � I REGULAR COUNCIL MEETING OF MARCH 3, 1975 PAGE 5 CONSIDERATION OF AN APPOINTMENT TO THE CUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE TTABLED 2/24/75 : l a Mayor Nee said this item had been changed on the agenda to be considered along with the appointments to various boards and commissions, item number fourteen. NEW BUSINESS: RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 25, 1975: a A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CO')E AS FOLLGb:S: SECTION 205.:10 4, E2, TO REDUCE THE SIDE YARD SETBACK REQUIREMENT, ON THE STREET SIDE OF A CORNER LOT, FROM 35 FEET TO 9 FEET, AND, SECTION 205.104, 1, E3, TO REDUCE THE SETBACK FOR OFF-STREET PARKING FROM 5 FEET TO ZERO FEET FROM THE MAIN BUILDING, AND, SECTION 205.104, 1, E2, TO REDUCE THE SETBACK FOR OFF-STREET PARKING, FROM 5 FEET TO ZERO FEET FROM A LOT LINE, AND, SECTION 205.104, 1 , El , TO ALLOW OFF-STREET PARKING IN THE REQUIRED 20 FOOT FRONT YARD, AND SECTION 205.104, 1, F3, TO ALLOW CURB OPENINGS TO BE CLOSER TO A STREET RIGHT OF WAY INTERSECTION THAN THE REQUIRED 75 FEET, AND, SECTION 205.104, 1F 4A, TO REDUCE THE DISTANCE A DRIVEWAY IS FROM A LOT LINE FROM 5 FEET TO ZERO FEET, ALL TO ALLOW THE CONSTRUCTION OF A 16 FOOT ADDITION ONTO THE NORTH SIDE OF AN EXISTING BUILDING, LOCATED ON PART OF LO' l8, PARCEL 900 BLOCK s 2, CENTRAL VIEW MANOR, THE SAME BEING 7250 CENTRAL AVENUE N. E., FRIDLEY, MINNESOTA, k REQUEST BY MR. CHARLES JORDAN, 7250 CENTRAL AVENUE N. E., FRIDLEY, MINNESOTA)i The City Manager advised the Council that at this time, there would be no action 1 ncessary on the request. He suggested that the Council table the consideration and receive the minutes until the matter is reviewed by the Building Standards-Design Control Subcommittee, unless there is some particular interest in the item at this time. Mayor Nee suggested in matters such as this, that the Council point out the high points in the consideration for the benefit of the people. The City Manager indicated the request to be for an addition of a gas station located l at 7250 Central Avenue. He said the Board of Appeals had recommended conceptual i approval and suggested that a survey be supplied to insure that the dimension are correct and that a development plan be approved by the Subcommittee. He said the matter should be reviewed by the Building Standards Subcommittee before the Council s reviews the matter. Mayor Nee asked why the community residents had not been approached in this line. He said he thought the neighborhood deserved to be notified of any Council action in order to bring some order to the area. The City Manager said there is a hearing on the Subcommittee level and the neighborhood is advised of the action to be considered. He said at this time, he felt the Council should have the whole picture of the matter and requested that no Council action be taken until the other subcommittee had made their recommendations to the Council. MOTION by Councilman Fitzpatrick to receive the minutes of the Board of Appeals Subcommittee Meeting of February 25, 1975. Seconded by Councilman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. } t RECEIVING THE MINUTES OF THE ENVIRONMENTAL QUALITY COMMISSION MEETING OF FEBRUARY 24, 1975: t MOTION by Councilman Fitzpatrick to receive the minutes of the Parks and Recreation Commission meeting of February 24, 1975. Seconded by Councilwoman Kukowski. Upon K a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4 .� RECEIVING THE MINUTES OF THE HUMAN RELATIONS COMMITTEE MEETING OF FEBRUARY 20, 1975: MOTION by Councilw n Breider to instruct the City staff to prepare an affirmative action document and that this document be reviewed by the Human Relations Committee before coming back for Council consideration. Seconded by Councilwoman Kukowski. Upon a voice vote all voting aye, Mayor Nee declared the motion carried unanimously. 4 MOTION by Councilman Breider to receive the minutes of the Human Relations Committee { Meeting of February 20, 1975. Seconded by Councilman Fitzpatrick. Upon a voice vote, e all voting aye, Mayor Nee declared the motion carried unanimously. i } . r -a ORDINANCE I'10. 576 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AIMEN D APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1 . For the vacation of a portion of a utility easement des- cribed as follows: All that portion of an irregular strip of land lying within a 15 foot utility easement at the rear of Lot 12, _*Block 5, Rice Creek Plaza South Addition, .Ding, South of the North line of said Lot 12 and adjoining -,he Westerly line of said 15 foot utility easement described as follows: Cor.-lencing at the Northeast corner of said Lot 12; thence ,•lest along the North line of said Lot 12 a distance of 11 .50 feet; thence South and parallel with the West line of said Lot 12 a distance of 8.40 feet to the point of beginning; thence continuing along said parallel line a distance of 24.70 feet; thence West and parallel with the North line of said Lot 12 to the Westerly line of said 15 foot utility easement; thence Northeasterly along the !,lesterly line of said 15 foot utility easement to a point 8.40 feet South of the North line of said Lot 12; thence East and parallel with the North line of said Lot 12 to the point of beginning, All lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota, be and is hereby vacated. 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 .ode shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16TH DAY OF DECEVIBER 1974. MAYOR - FRANK G. LIEBL ATTEST: Public Hearing: November 18, 1974_ CITY CLERK - MARVIN C. BRUNSELL First Reading: Uccember _2, 19/4 Second Reading: December 16, -1974 * Corrected to Rice Creek Plaza South Publ ish. . . . . . . : January 8, 1_9_75 Corrected Reading: March 3, 1975 '^.Publish. . . . . . . . . . March 127= 11 A SAV #74-04, Jerry Guimont Vacate a portion of a. 15' easement for a garage addition ; F t�)) �''%� •q TP s.' � .'� ,t. •, i, I v i 4 1 Jo 61 -�ti .ago ASO ' o• P )� -s6ii a'i .6 lb:Z 7z• :.wx ��. � �'...,:�, '�' ,(V .\ Nii ,.: '��/i � �� 7/LN�� ` /..� :? f i. /l w.w iG �� ,'y �J �a� ,.� � Vc�%!� a-��l.V l v", `i-�e�d7;• !1� _� eT" �� a ^l j t e �1 7 •O �•. �� ail. 6 •' r ... '1$ /80 10 `c J '� • ;,,� j `�.:lp .�n'a,.Pr'„,*3/_� . ' kf>3F \� ,Ai 4�j�rSy'• /�/�' ..r' [J/ `ry ..�..,'� �° � � � ;„� >- ��_.��•1.. '�,.`;'' �,� -' it ,�- beli . __ Icy- 'S 7 .fpr .f,l'/ Nf2•Z. ,' ti e•(� '�•'. /u nn 5 - q / 1+r 107 `�'” ,. • `'�' .. �' lo�O<d `' .fie • _.- .,c -r.,q w � '� '� }9S t,y�jv jr //n l0 Iltl(((lll�1 el^. .0„yiv� j ' uj 10 f`'� �`� �o�p� ?j �ll�� ,s , [�\ ��i .F \Y1�irsir• (� w �J 1 -, • w 1•• f✓mow _ � 1 • , J Fe I I n o rt 'F cn a i h /,�f z' {r 6� !7 117 C0,4 NEW i r -.._ 9.•G ••. wo�o0' �qt) /+� SEC. 14