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SAV73-06 R CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA ' ��_Retoning PLANNING AND ZONINC $'ORM MVAC T 'j3- oSpecial Us* Permit Variance APPLICA�iT'$ �IGNpTURE /,� Approval of FZe+ A40#41WOLZ RC1 '2i-'�(Ce /' �, liminary Plat C'�('t Approval of yin4t Telephone Number -Z96 �--mpo Plat PROPERTY OWNER'S SIGNATURE -�_ --- Streets or Vacatlona Address 140 fCe er cl Other TRlephans Number 7e6—/6,00 $tfeRt Location of Property j(n6-3, dei DAL OAC) ,.. ,..,�.... ,LA$41 Description Of Property _ Lc)T t0 E IQA It Pt*sent Zoning Classification $xistinS Use of the Property. Rue-iIIru, Proposed Zoning Classification, Special Use, Variance or other request peRcrlbe briefly the Type of Use and the Improvement Proposed L)4-, 0oil iu c �. Agar**$e of Property_ 11*4 the pu*seat Applicant Previously Sought to Rezone, Plat, Obtain a Jot Split` Obtain a Varig or Special Use Permit on the Subject Site or part of It2,,,�,,,,,R iihent Mar-e 20 /173 What was Rsgveatad 1kjynr:c 01, Q'- Fee Enclosed 8 pate Piled 'ArKIL _(�7 Date of Hearing . PLANNING AND ZONING FORM PACS 2 Number -t J 3 TM undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (e) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names s'nd addresses of all residents and property ownert of property within 300 feet of the property in question, belongs to the understZned. Residents and Owners of Lroperty Within 300 feet:' PERSONS ADDRESS / WO f A sketch of proposed property and structure must be dravn on the back of this form or attached, showing the following: 1. North Direction • 2. Locatioa of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names S. Location and use of adjacent existing buildings (Within 300 feet) . The undersigned hereby declares that all the f d representations stated in ' this application are true and correct. AA'LS SICi4A ' (APPLICANT) Approved Denied By the 3oasd of dppeAas Sybject Ag the Following Conditions; date Approved Denied by the Planning Coomission on Subject to the Loll,owing Conditions; date Approved Denied by the Council on Subject to the Following Conditions; date rpm Fq �,>� c�� "v s , � � / � / �� COUNCIL 4-17-73 MAILING LIST SAV #73-06 Richard Miller Vacate the Westerly 1 foot of the Easterly 5 foot easement On lot 10, Block 2, Briardale Addn. 1653 Briardale Road N.E. Richard Miller 1600 Rice Creek Road N.E. Fridley, Minnesota 55432 Mr. & Mrs. Keith Niyenhuis 6216 Stinson Blvd. N.E. Fridley, Minnesota 55432 Mr. & Mrs . Alvin Gill 6200 Stinson Blvd. N.E. Fridley, Minnesota 55432 �v MINNEGASCO March 13, 1973 Minneapolis Gas Company MINNEAPOLIS, MINNESOTA 5 5 40 2 73 -K Richard Miller Homes 1600 Rice Creek Road Fridley, Minnesota 55+32 Gentlemen The Minneapolis Gas Company has no facilities within the platted utility easement over the East 5 feet of Lot 10 , Block 2, "Briardale". We therefore have no objection to any encroachment nor to the vacation of all or part of said utility easement. Sincerely William R Schram Operations Planning Department WRS:kg cc: City of Fridley JWSp 3 C NORTHERN STATES POWER COMPANY March 14, 1973 r Richard Miller Homes 1600 Rice Creek Road Fridley, Minnesota 55432 Dear Mr. Miller: Pursuant to our recent telephone conversation, please be advised that we have no objection to the one foot building encroachment on the utility easement along the East line of the following described property; Lot 10, Block 2 Briardale Addition. (1653 Briardale Road, Fridley, Minn.) Said encroachment will not interfere with our usage of this easement. Yours truly, C George . Lewis Senior Right of Way Agent Minneapolis Division GCL/njw FJ @ 3 B Northwestern Bell 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 March 27, 1973 Mr. Richard N. Miller Richard Miller, Inc. 1600 Rice Creek Road Fridley, Minnesota Dear Mr. Miller: This is in reference to the vacation of the west one foot of a five foot easement along the east line of Lot 10, Block 2, Briar- d ale. The Northwestern Bell Telephone Company has buried cable in a portion of the easement and will retain the right to maintain the existing telephone plant. The telephone company has no objection to the proposed vacation. Yours truly, District Engineer .f RECEIVED MAR pR 2 � 173 � . 3 D .I 1 C/arm.e,f io'4pw r O/say I o SAV #73-06 Richard Miller Vacate Utility Easement 11 to 01 on Lot 1Q, Block 2 Briardale Addit�iori. i its eo /zf L u ✓t7-�aJ i W/2 > r , I 7-/i �6,��> ! rJ �do� 6 resoa ee Dare k(' w /OnpY�H✓ � , I1'i%/s 6e�ri r 1 � Sa//r✓iYo�ro' 6r+v,rfi�i � G020> (9¢0> I �,96O� (si> <sz o) (fsoJ r^ —J /r"crmsn (ien r/or GoA,r%Or \ i All of h -I Edwarev}f Cj tr In syr, i3s R • .63: � i B.s p d,f✓%f� S.I�H'arl.. �•►2Zl -./3' . a'aar ill. •'�� •4rr 7SM % ,Z o : �: ti �LaMaine'r1l�i%e Ler; -- �;!rsr P`♦y j �."I.c�feJ �N k,:rnT. n lei/itps IA rs__ W 2 ,31 , F- - /. ' ` \ ? , i'S,• D//inrfSr6 J "a 3 A, .� e�7�ti WOODSI ---COORT71 -s amass r >;Ii'i 4 * X fd! 0 lsf 7fx of LH 137.3! ft r a a � � �: � ►,k >a,� :o�?.> i��y� (tiL�. p47 kr ♦,y/'�T �.!s W NFA N,, -W BRIAROACE %�! s! 7 �1.- ' ea \_ 62 10 3tS n p :s.r. ! � /1.c6a'¢s:•�<G--a«A /1 � /mss. 7 �"y d' ',, . Af j i.'o-ints -7.rdfi`�f'"�`7_�s W 6 1i)r 1 m . /I d J Plats & Subs -Str & Util. Subcommittee Meeting April 18, 1973 Page 4 requirements and the change of elevation on this property, to build a one-story home on this lot would come in the category of low-income housing and this would not fit in with the homes in the area either. Mr. Meissner said it might be possible to get some variances of the setback requirements so a different type home could be built on this property. Mr. Drevniak said he would be agreeable to buying this lot for an amicable price. Mr. Willey said the property is valuable to him as a building site, but if the vacation is denied and the property could not be built upon, the "fair" price for an unbuildable site would not be the true value of the property as far as he's concerned , • MOTION by Meissner, seconded by Engdahl, that the Plats & Subdivisions, Streets & Utilities Subcommittee recommend to the Planning Commission denial of vacation request SAV #73-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue N.E. between Anoka Street N.E. and Fridley Street N.E. to add 30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove Addition, Chairman Harris called for a roll call vote. Meissner and Engdahl, aye, Harris and French nay. Mr. Clark said the Subcommittee could pass this vacation request on to the Planning Commission without a recommendation. 2 . VACATION REQUEST: SAV #73-06, RICHARD MILLER HOMES: Vacate the West one foot^of the East 5 foot easement of Lot 10, Block 2, Briardale Addition. Mr. Clark said this is a five foot utility easement and we have letters from the three utility companies that they have no objection to this vacation. The house that was encroaching on the easement has been moved. In case there is even a three inch error, I think this vacation should be given to protect the future buyers of the home. Mr, French asked if the City had any objection to this easement being vacated, Mr. Clark said there was no objection. MOTION by French, seconded by Meissner, that the Plats & Subdivisions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of vacation request, SAV #73-06, by Richard Miller Homes , to vacate the West one foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition, Upon a voice vote, all voting aye, the motion carried unanimously. 3 , CONSIDERATION OF A PROPOSED FLAT, P.S. #73-05, BY DARREL_A._ FARR DEVELOPMENT CORPORATION: A replat of Block 10, Innsbruck North Townhouse 1st Addition. Mr, Jim London was present , Mr. Clark said that on the original plat, the lot lines were straight on this block. They have built the garages in such a way that there will have to be a jog line to accommodate the garages . Administratively, we have no Planning Commission Meeting - April 18, 1973 Page 12 MOTION by Minish, seconded by Harris, that the Planning Commission continue vacation request, SAV 473-05, by Gilbert Menkveld, to vacate the public easement on 67th Avenue N.E„ between Anoka Street N.E. and Fridley Street N.E. , to add 30 feet to the North/South dimension of Lot 1, Block 1, Oak Grove Addition to Fridley Park, until May 9, 1973, due to the number of questions that need answers before a decision can be made. Upon a voice vote, all voting aye, the motion carried unanimously. Mr, Fitzpatrick said he wouldn't want this item back on the agenda until we have answers to the questions. raised tonight, Mr. Clark said he would talk to the City Attorney. 7 . VACATION REQUEST: SAV '`73-06 RICHARD MILLER HOMES: Vacate the West one foot of t oot easement of Lot 10, Block 2, Briardale Addition, Mr, Clark said the hou has been moved but he thought the vacation should still be processed j _ in case there was even an inch error, to protect the future buyers of the he If a survey should show a small part of the house was built on an easemLat it might be difficult to get a mortgage commitment Mr. Minish said at the time the variance was granted for this house, they did have letters from the three utility companies saying they had no objection to the vacation being granted, 0 Mr, Harris said the Plats & Subdivisions-Streets & Utilities Subcommittee recommended that the vacation be granted. Chairman Erickson asked if this was a drainage easement also. Mr. Clark said it was but they would still have nine feet. MOTION by Minish, seconded by Harris, that the Planning Commission recommend to Council approval of vacation request, SAV #73-06, Richard Miller Homes, to vacate the West one foot of the East 5 foot easement of Lot 10, Block 2, Briardale Addition, Upon a voice vote, all voting aye, the motion carried unanimously. 8, REPORT ON RUSTY WATER Mr. Minish said when we first started our discussion on the Comprehensive Plan, I raised the question about what I believed to be a problem we had with our water. I was told by Mr. Qureshi that we had all these iron removal plants and that doesn't see to be the case. I 'm sure we are not the only household in Fridley to have problems with rusty water, It just seems to me that this was a problem that should have a solution and as far as I 'm concerned the problem has not been solved. I cannot tell from the memo we have in our agenda if we will ever be rid of the problem. Mr. Fitzpatrick said it sounded like they were building something out pf parts they receive bit by bit. Mr. Minish said it spunded like we were a second-rate municipality, tOfficial Pablicatiool 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 6131 University Avenue Northeast on Monday, May 7, 1973 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a vacation request, No.73-06,by Richard Miller Homes to vacate the Westerly 1 foot of the Easterly 5 foot easement on Lot lo, Block 2,Briardale Addition all I 'ng in the South Half of Section 13, 30, R-21,City of Fridley,County of Mo- ka,Minnesota. GeneralV located at 1653 Briardale Road N.E. Anyone desiring to be heard with refer- ence to the above matter may be heard at this time. Frank G.Liebl (Apr.'18&25,1973)—TC Mayor 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, May 7, 1973 in the Council Chamber at 7:30 P. M. for the purpose of: Consideration of a vacation request, #73-06, by Richard Miller Homes to vacate the Westerly l foot of the Easterly 5 foot easement on Lot 10, Block 2, Briardale Addition all lying in the South Half of Section 13, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 1653 Briardale Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. FRANK G. LIEBL MAYOR Publish: April 18, 1973 April 25, 1973 THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 5 PUBLIC HEARING ON REZONING RE UET ZOA #73-05 BY ROBERT SCHROER, GENERALLY LOCATED BETWEEN 79111 AVENUE AND THE WEST SIDE OF T.11. #47• MOTION by Councilman Utter to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Lieblcbclared the motion carried unanimously and the public hearing opened at 8:17 p.m. Mr. Clark said the item had been before the Planning Commission about a month ago. He said the area involved was between 79th and 81st avenues and is the front 2/3's from M-2 to C-2 and the rear portion from M-2 to R-3. Mr. Clark said an extension of Ranchers Road N. would divide the two areas . Mr. Clark said he believed the hearing on the matter of the change to R-3 should be delayed until the completion of the comprehensive plan. He said it sir. Schroer wanted an answer on the zoning change, it should be denied at this time. Mr. Clark said it was his impression that Mr. Schroer had agreed to delay any action on the portion to be changed from M-2 to R-3. Mr. Schroer said there are people coming into the area and questioning the pos- sibility of acquiring land for businesses. fie said he feared if the land is not provided for them they will go into other areas with their development. Mr. Schroer said the area is becoming more desirable because of the construction of the Northtown Shopping Center. Mayor Liebl said the City would have to check the Comprehensive Plan and also check with the Metro Sewer Board. Mayor Liebl continued it is the purpose of the plan to give enough notice for development and the Comprehensive Plan provided a guide. Mr. Schroer said he thought this, was an excellent way to provide a guide to get the necessary input. MOTION by Councilman Breidcr to close portion of the Public Hearing dealing with the rezoning request by Mr. Robert Schroer dealing with the change from M-2 to C-2 and dealing with the other portion from M-2 to R-3 at the meeting of May 14, 1973 along with the Public Hearing on the Comprehensive Plan. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and a portion of the public hearing was closed at 8:24 p.m. PUBLIC HEARING ON VACATION REQUEST, Se 9<73-06 BY RICHARD MILLER HOMES TO VACATE ONE FOOT OF A TEN FOOT UTILITY EASEMEN 10, BLCX'K 2 BRLARDALE ADDITION, 1653 BRIARDALE ROAD: MOTION by Councilman Starwalt to waive the reading of the Public Hearing notice and open the public hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the Public Hearing opened at 8:25 p.m. Mr. Darrel Clark said Mr. Richard Miller had located the foundation into the ease- ment and a variance was requested. He added, the home builder could not wait and the wall was moved over and is no longer within the easement. Mr. Clark said he believed this should be taken care of any way in the case that a future owner of the property was to question the vacation. Mr. Clark said the Cit-, had re- ceived letters from Minneapolis Gas Company, Northern States Power Company and Northwestern Bell Telephone Company all stating they have no objections to the vacation of the easement. THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 7 , 1973 PAGE 6 MOTION by Councilman Utter to receive the letters from the Utility Companys stating they have no objections to the requested vacation. Seconded by Councilman Starwalt . Upon a voice vote , all voting aye , Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to dose the Public Hearing.M 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 : 27 p .m. ORDINANCE #536 - RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY : MOTION by Councilman Breider to wa ve the reading of the ordinance and adopt the second reading of O,fdinance # 536 relating to the sale of real estate owned by the City:' Seconded by Councilman Utter. Upon a voice vote , all voting aye , Mayor Liebl declared the motion carried unanimously. CHANGE ORDER G-3 AND E-2 ON FRiDLEY MUNICIPAL LIQUOR STORE AT 6298 T. H. 65 : Councilman Sta walt asked the City Manager to explain the matter. The City Manage said when the plans were originally drawn up there was not a set al wance . for the construction of a permanent sign. He said at that tiVe it had not been determined if the sign should be free standing o?t%on the building . He said there had been an allotment made to th' general contractor for a sign and this should be deducted at this ti3ne and the amount that is needed for the electrical contractor to illuminate the planned sign should be added to the electrical contractors fee . MOTION by Councilman Starwalt to approve Change Order G-3 deducting $380 from the General Contractor and Change Order E- 2 adding $794 . 47 to the project price of the electrical contractor . Seconded by Councilman Bre-lder . Upon a voice vote , all voting aye , Mayor Liebl declared the motion carriedt, unanimously. NEW BUSINESS`': J CONSIDERATIbN OF REQUEST TO HOLD MEMq#IAL DAY PARADE - FRIDLEY V. F.W. POST 363 : MOTION by Councilman Breider to approve`],,the request and ask the Fridley Police Department to assist if necessary. Seconded by Councilman Starwalt . Upon a voice vote , all voting aye , Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 10 Mr. Clark said this item had been continued by the Planning Commission and there was no action necessary. _VACATION REQUEST: S X173-06 RICHARD MILLER HOMES: VACATE THE WEST- ONE FOOT OF THE EA5T 5 F -TENT OF LOT 102 BLOCK 2, BRL3R ALE ADDITION• Mr. Clark said the Council had taken care of the item. He added, the ordinance would be presented to the council on May 14, 1973. RUSTY WATER: Mr. Clark said he- was not familiar with the rusty water problem and asked Mr. Richard Sobiech, Assistant City Engineer, if he could present some information. Mr. Richard Sobiech said thay are presently trying to work on the rust and bacteria problems. He said the City had been working with chlorine and amonium sulfate to provide a longer lasting chlorine disinfectant. Mayor Liebl said he had observed the water department working in his neighbor- hood and they had done a tremendous job in notifying the people and within one half an hour the problems were solved. Mayor Liebl said he felt there is a need for another person employed by the City to do a good job on the water problems. He said he had hoped this would be accomplished by July 1, as the City Manager and himself were working on the matter. The City Manager said as soon as the City Engineer returned from vacation, he would work something out on this. STATEMENT BY MR. FRITZPATRICK: Mayor Liebl said he would concur with the statement by Mr. Fritzpatrick and add that Mr. Fritzpatrick was a fine man who served his City well and helped ;:O build it into the City it is today. Mayor Liebl commended Mr. Fritzpatrick on his efforts and accomplishments in obtaining the kind of tax structure that the City has today. He said he would like to thank each of the mes who had served on the various Committees and Commission and he said he took his hat off to all of them for their unselfish contribution to the community. MOTION by Councilman Starwalt to approve the statement by Mr. Fritzpatrick and commend him and all the others who had helped for such a long time. Seconded by Councilman Utter. 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 of April 18, 1973. COMPREHENSIVE PLAN: Councilman Breider said tie had a question on the Comprehensive Plan as it related to low income housing. Councilman Breider said he was puzzled at what the Metro Council was to be told about the City's policies on this matter. Mr. Clark said there had been a hearing by the Metro Council on the Plan the previous Thursday. REGULAR COUNCIL MEETING OF ,TUNE 4, 1973 PAGE 4 UPON A ROLL CALL VOTE, on the original motion to grant the license, Liebl, Utter, Nee, Braider, and Starwalt voting aye, Mayor Liebl declared the motion carried unanimously. ORTNANCE #538 - ADOPTING MUNICIPAL CODE OF FRIDLEY, MINNESOTA REPEALING ALL PRIOR 0gU ANCES INCONSISTENT THEREWITH, PROVIDING A SYSTEM FOR CONTINUOUS REVISION E6ERVING EXISTING RIGHTS UNDER PRIOR ORDINANCES, AND PROVIDING FOR THE FILING OF A COPY WITH THE CITY CLERK: AND AUTHORIZING THE PRINTING OF THE CITY CODE: MOTION by Councilman Breider to waive the second reading and adopt ordinance #538, order publication and authorize the printing of the Code. Seconded by Councilman Utter. Upon a roll call vote, Nee, Breider, Starwalt, Liebl, and Utter voting aye, Mayor I.iebl declared the motion carried unanimously. ORDINANCE #539 - RELATING TO THE SALE OF REAL ESTATE OWNED BY THE CITY OF FRIDLEY: MOTION by Councilman Breider to waive the second reading, adopt ordinance #539 and order its publication. Seconded by Councilman Nee. Upon a roll call vote, Starwalt, Liebl, Utter, Nee, and Breider voting aye, Mayor Liebl declared the motion carried unanimously. ORDPjANCE #540 - VACATION RE UEST SAV 173-06 BY RICHARD MILLER HOMES TO VACATE 1 FOOT OF UTILITY EASEMENT ON LOTSL BLOCK BRIARDALE ADDITION 1653 BRIARDALE ROAD N, E,: AND QONSIDERATION OF A REQUEST FOR A VARIANCE OF SECTION 45.053, 4, B4, TO REDUCE REQUIRED SIDE YARD ON LOT 10, BLOCK 2, BRIARDALE ADDITION, 1653 BRIARDALE ROAD N. E. : MOTION by Councilman Starwalt to waive the second reading, adopt ordinance #540 and order publication of the ordinance. Seconded by Councilman Utter. Upon a roll call vote, Utter, Nee, Breider, Starwalt, and Liebl voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Starwalt to grant the variance for the side yard set back requested by Richard Miller homes for 1653 Briardale Road N. E. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. QUINANCE #541 - FOR A VACATION REQUEST SAV #73-04, WAYNE SIMONEAU, TO VACATE 57� AVENUE AND 58th AVENUE BETWEEN 6th STREET AND 7th STREET AND ALLEY IN BLOCK 32, MME PARK ADDITION: MOTION by Councilman Breider to waive the second reading, adopt ordinance #541 and order publication. Seconded by Councilman Utter. Upon a roll call vote, Breider, Starwalt, Liebl, Utter, and Nee voting aye, Mayor Liebl declared the motion carried unanimously. REGULAR COUNCIL MEETING OF JUNE 4, 1973 PAGE 3 Mrs. Savelkoul said she thought the licenses had been issued to Mr. Weiss of Sandee's Cafe and Mr. Glen Wont; A the Firs:>;idt kice ,-,wl !c. : !1..c t !;!W . The City Manager said the li.cens� for the Fireside Rice Sowl !iad not been issued as this was contingent upon the applicant doing _,om-e major remodeling within the period of one year. . Mayor Liebl asked if there were any further questions from '-lie. audience or the Council. Mayor Liebl asked Ward Councilman Starwalt if he had any questions. Councilman Starwalt said to his knowledge, Howard Johnson's was going to make an effort to duplicate the Roseville operation. He said he was not aware if they were made aware of the available license directly or separately. lit: added, hU thought perhaps, Mr. Wong and the representatives of Howard Johnson's had been in contact with each other. MOTION by Councilman Nee to close the: Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared t�ic -Notion carried unanimously and the Public Hearing ,--losed at 8:03 p.m. Mayor Liebl asked the members of the Council if it was L-Leir wi.sO to grant the license at the present time? Councilman Utter suggested a motion to grant the license to Howard Johnson's and a0prove the liquor license for the proposed Ground Round Restaurant. at 5277 Central Avenue N. E. , hoping they abide by the regulations of the ordiance . The City Attorney said the motion could be made contingeaL upon the approval of the plans andspecifications by the City Engineer. MOTION by Councilman Utter to issue the liquor license to Howard Johnson's for the Groun Round Restaurant, 5277 Central Avenue N. E. , aFter the final inspection of the plans and specifications by the Building Department. Seconded by Gounc.ilman Starwalt. , The City Assessor said if the proposed plan was to include the price of the property it would be his recommendation that the part that is rented be divided off to ease in the record keeping of the property. Mayor Liebl said this would be easier for the City Assessor and be better for the community. Councilman Br6ider said the Building Design Control Subcommittee si,ould have some ati.pulations. Mayor Liebl said the amount of the license would be $4,500 per year. AMENDMENT to the motion made by Councilman Utter to divide off the portion of the property that is rented for ease in assessing. Seconded by Councilman 8tarwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion to amend the original motion,carried unanimously. i REGULAR COUNCIL MEETING OF APRIL 16, 1973 Q. PAGE 19 RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 10, 1973: REQUEST FOR A VARIANCE OF SECTION 45.013 , FRIDLEY CITY CODE, TO REDUCE THE REQUIREMENT SIDE YARD SETBACK FROM 15 FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION, SHOREWOOD INN, 6161 HIGHWAY #65 BY WILLIAM NICKLOW: Mr. Clark said this had been previously discussed and was concerning the request by the Shorewood inn and would be brought back at the next Council meeting. REQUEST FOR A VARIANCE OF SECTION 56.05 3C, FRIDLEY SIGN CE_DINANCE TO INCREASE THE SIZE OF AN ALREADY NON-CONFORMING AREA IDENTIFICATION_ SIGN FROM 279 SQUARE FEET (110 FEET MAXIMUM) TO 312 SQUARE FEET TO ALLOW THE ADDITION OF T47O PANELS ONTO THE SKY400D MIALL AREA IDENTIFICATION PYLON BY SIGNCRAFTER'S, INC. : Mr. . Clark said the Board of Appeals had recommended the request be denied. He said the Board of Appeals hoped the administration and the owner of the shopping centercould wor:i out plans for a new type of sign. He said they would like to see a uniform type of construction with a directory. A representative of the sign _compa+ny said there are 15 of 20 signs out there now, lie said he thought there was room for one more. He,said the business needs the sign or they would not ask for it. Councilman Starwalt asked if the denial would prevent the business from constructing a sign for six months? The City Attorney said not on a sign permit. MOTION by Councilman Starwalt to concur with the Board of Appeals and that the staff will be directed to work with the property owner and tenants for the satisfactory solution to the sign problem. The representative of the sign company said he had tried to work with the owner of the shopping center for five years to build a new sign and it has not worked. SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. _REQUEST FOR VAR LANICE OF SECTION 45.053, 4, B4, FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD ADJOINING AN ATTAC:sED GARAGE FROM 5 FEET TO 4 FEET 9 INCHES: TO ALLOW THE CONSTRUCTION (7, A DWELLING AND GARAGE TO BE LOCATED AT 1653 BRIARDALE ROAD N.E. BY RICHARD 'N1L`sx;i. HOMES: - Mr. Clark said the variance was from five feet to 4 feet 9 inches. Mr. Clark said there was also more to the item. He said there must be a vacation ordinance processed. too. He said the foundation is right on the lot line. He said this was a vacation of the easement. MOTION by Councilman Starwalt to grant the side yard variance, to Richard Miller Homes. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared. the motion carried unanimously. MOTION by Councilman Breider to receive the minutes of the Board of Appeals meeting of April 10, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carred unanimously. ATTENTION OF: GLENDM Tm CITY OF FRIDLEY 6431 University N. E. TO Snburbrt Ne+w"pera, Minneapolis Minn. 55421 6601 Nest 7M 911aftt 612-560-3450 L Edina, Kinagea t 381110 UM: SUI; #73-11 SUBJECT Public rkarUg 28fam the City Coumi2 DATE 4/13/73 Plea m Publish= Crl aidbratioa of a vacation requ"t,#73-06, by Richard VIUM cm the following dates: April 18, 1973 April 25, 1973 �x s. SIGNATURE REPLY: CLARK, COMITY IrN MI DP'HR,"r AIM aSTRA1OIL 6 .. ._..-_ _.T.__.._ DATE LSIGNATURE- RETURN IGNATURERETURN THIS COPY TO ORIGINATOR ORDINANCE NO. 540 AN ORDINANCE UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows : SECTION 1 . For the vacation of an easement described as follows : One foot of a five foot drainage and utility easement described as being the westerly one foot of easterly five feet of Lot 10 , Block 2, Briardale Addition except the northerly five feet thereof., All lying in the south half of Section 13 , T-30, R-24 , City of Fridley, County of Anoka, State of 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 4TH DAY OF JUNE , 1973 . MAYOR - FRANK G. LIEBL ATTEST: CITY CLERK MARVIN C . BRUNSELL Public Hearing : May 7 , 1973 First Reading: May 21 , 1973 Second Reading: June 4,1913 Publish. . . . . . . : June 13 , 1973