The URL can be used to link to this page

SAV87-02 CITY OF FRIDLEY REZONING REQUEST ZOA �► 6431 UNIVERSITY AXE,. N.E. FRIDLEY, 554 (612)571--33450 ,,,� , , , -VACATIREQUEST SAV *8� -C)Z- - •O,, PLATTING REQUEST P.S. # REQUEST FEE � 450 PARK FEE RECEIPT # :V3 saim LED PLANNING CDrmISSION MEETING DATE 3 I Z:5 SCHEDULED CITY COUNCIL METING DATE PROPERTY INFORMATION PROPERTY ADIRESS 550 5 7 AVE, ','E LEGAL DESCRIPTION: LOT 16 BLOCK 10 TRACT/ADDITION DO','Y A Y I S L A K E V I EW MANOR PRESENT ZONING R_ REQUESTED ZONING REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. VACATE: NORTH OME FOOT OF THE EAST 30 FEET OF THE SOUTH FIVE FEET VACATE UTILITY AK'D DRA I^IAGE EASEMENT DUE TO GARAGE ENICROACHMENT. ************************************************************************************ FEE OWNER INFORMATION NAME (please print) JACK W. CHAMBERS PHONE # gn-8890 ADERESS 4720 GARF I ELD AVE. SO. MPLSP M111 SIGNATURE r Q'1 0 DATE 3/12/97 Note to ************** * *** ''* ug*;V,W*a.jAT*****to ******A.********* PETITIONER INFORMATION NATE (please print) JACK W. CHAMBERS PHONE # 922--8890 ADERESS 4720 GARFIELD AVE. SO. MPLS MN SIGNATURE DATE 311216 T ************************************************************************************ PLANNING COn-IISSION : APPRCVED DENIED DATE CITY O D UNCIL: APPROVED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be sided by all owners of the property, or an explanation given why this is not the case. 3. Res ponsibi1 ity for any def ect in the proceedings resulting f ran the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and front and rear setbacks. Landscaping if applicable i Street names Location and use of adjacent existing buildings within 350 feet. Jack Chambers SAV #87-02 1i11C. 9001 E. Bloomington Frwy. (35W) Surveyor's Certificate Bloomington, MN 55420 (612) 881-2455 ADDRESS: 550 - 57th Ave. North Fridley, Minnesota W LOT 16 z J I- O J 2.6 / 24.3 \ 2.83 W \ / _z 1 W J w Z E z / W gLL / EXISTING \ M GARAGE M N N / N NORTH LINE OF EASEMENT 5' DRAINAGE a UTILITY �� / 0.15 i 2.4 EASEMENT 0.8 �i0.3 / --� 24.35— /I -- `> P X X FENCE —= X I ">4.82 4.88<\1 2.86 1.75 1.5 X X PP 0.8 75.00 PLAT 74.83 MEAS. LOT LINE LEGEND LDenotes iron survey pipe (Pin) . I hereby certify that this sketch, plan P.P. Denotes power pole or report was prepared by me or under SURVEY WAS PERFORMED OF SOUTH LINE OF N � my direct supervision and that I FOLLOWING PROPERTY: am a duly Registered Land Surveyor under the laws of the State of Minne- Lot Sixteen (16) , Block Ten (10) , Donnay's CD sota. Lakeview Manor Addition, according to the map Dated this 10th day of March 1987 or plat thereof on file and of record in the office of the Registrar of Titles in and for SUNDE LAND SURVEYING, INC. Anoka County, Minnesota. z ~' BY: - ----� A Subject to restrictions, covenants and ease- Edward H. Sun e, R.L.S. ments of record, if any. Reg. No. 8612 r b U N i., �j . .. .. ..` - r .. 1 A ) ECO 23P T 30v Ras 2 SAV #87-02 Jack Chambers OF FR/OLE Y C42.22w CEIV TE Z ^�� nB SEC 2.3 Ei 'e' �V. �'�S DO N'i YL A 57 T H. AV E. 1A D D T 9 1 A U L j 4 Ii —I - ;----- °y ----�_ S U 8 D I V 1 INTERS T ATE _ HWY. No69 - _--'- ------'--------------------::---------------.--------=-----=--_ ---=_- ' _ LO��► s1�1 1 anning NA Council 4/3/87 SAV #87-02 MAILING LIST Jack Chambers ,Linda Cassean Joseph Zych 580 - 57th Avenue N.E. 525 - 57th Avenue N.E. Fridley, DSI 55432 Fridley, MN 55432 Earl Kellar Bruce Brandt 570 - 57th Avenue N.E. 515 - 57th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Roger Harald Gerrald Herringer 560 - 57th Avenue N.E. 1731 Innsbruck Parkway Fridley, MN 55432 Columbia Heights, MN 55421 Scott Fuerstenberg Fridley Land Company 550 - 57th Avenue N.E. 3289 Central Avenue N.E. Fridley, MN 55432 OColuirbia Heights, MN 55421 Donald Sytsma 540 - 57th Avenue N.E. Fridley, MN 55432 Phillip Bendel 530 - 57th Avenue N.E. Fridley, MN 55432 Victor Dahlbom 520 - 57th Avenue N.E. Fridley, DIN 55432 Donald Ososki 585 - 57th Avenue N.E. Fridley, MN 55432 John Tomczyk 575 - 57th Avenue N.E. Fridley, MN 55432 Elsie Erickson 565 - 57th Avenue N.E. Fridley, MN 55432 David Haugen 555 - 57th Avenue N.E. Fridley, MN 55432 Walter Zyla 545 - 57th Avenue N.E. Fridley, MN 55432 Myllin Misura 535 - 57th Avenue N.E. Fridley, MN 55432 QTY OF FRIILEY VACATION REQUEST NOTICE Date: March 12, 1987 Dear Utility Oompany: The City of Frialey currently has a Vacation request, SAV 87_02 , to vacate the northerly 1 foot of the easterly 39 feet of the 5 foot drainage and utilitv easement_1 ocaterl on the 2o„ther117 fPPt of T nt. 1 F r Rl rv-y l nT Donnay's Lakeview Manor Addition_, the saw beim 550 97th Avenue N E (If possible, rend by March 18, 1987) Please indicate whether or not you have a problem with this vacation request. The utility oompany has no problem with this request. Signed Company Date The utility company does have a problem with this request for the following reasons: Signed Company Date ftailade and Sinry luau lilac. 9001 E. Bloomington Frwy. (35W) Surveyor's Certificate Bloomington, MN 55420 (612) 881-2455 ADDRESS: 550 - 57th Ave. North Fridley, Minnesota w LOT 16 z J I- O J 2.6 F7 7t / 24.3 i\'1 - W z W J w U U Z Z w 9LL EXISTING M' GARAGE �M N N / N NORTH LINE OF EASEMENT 5' DRAINAGE 8 UTILITY / 0.15 i 2.4 EASEMENT 0.3 / 24.35 0.8 X FENCE 14.82 4.88< 1.75 x x X X \ Pp 0.8 - 75.00 PLAT 74.83 M EAS. - -' LOT LINE LEGEND LDenotes iron survey pipe (Pin) . T he .tet t—i fy 4". P.P. Denotes power pole L ICr�'JJ l.Cl Lily t.11G<< I J J��C L�.I1, F/ 1Gil or report was prepared by me or under SURVEY WAS PERFORMED OF SOUTH LINE OF N4� my direct supervision and that I FOLLOWING PROPERTY: a, am a duly Registered Land Surveyor U_ under the laws of the State of Minne- Lot Sixteen (16) , Block Ten (10), Donnay's C)_ sota. Lakeview Manor Addition, according to the map Dated this 10th day of March 1987 or plat thereof on file and of record in the office of the Registrar of Titles in and for SUNDE LAND SURVEYING, INC. Anoka County, Minnesota. Subject to restrictions, covenants and ease- BY: ments of record, if any. Edward H. Sunde, R.L.S. Reg. No. 8612 U N • • CITY OF FRIILEY VACATION REQUEST NOTICE Date: March 12, 1987 Dear Utility Company: The City of Frialey currently has a Vacation request, SAV # 87-02 , to vacate the northerly 1 .foot of the easterly 3Qfeet of tbe 5 fnnt c1rnj nage and utility easement located on the southerly 5 feet of Int_1.6, Block 10, Donnay's Lakeview Manor Addition he same being 550 - .571-h AyPn„P N F (If possible, respond by March 18, 1987) Please indicate whether or not you have a problem with this vacation request. The utility company has no problem with this request. 5 0 igned Company Da The utility company does have a problem with this request for the following reasons: Sided Company Date Sirrr�de and Surve irigg l[rac. 9001 E. Bloomington Frwy. (35W) Surveyor's Certificate Bloomington, MN 55420 (612) 881-2455 ADDRESS: 550 - 57th Ave. North Fridley, Minnesota w LOT 16 z J 1- O J 2.6 / 24.3y 2.83 W _z J W U U z g L N EX I S T I NG L GARAGE rn N c0 10 /N (A / N NORTH LINE / OF EASEMENT 5' DRAINAGE 81 UTILITY 0.15 i 2.4 EASEMENT 7\11k Z �o'0.3 / 24.35 0.8 X FENCE I 4.82 4.88< I i ,2.8t 1.75 x x I.5—s-� ,c x x pp 0.8 - 75.00 PLAT 74.83 M EAS. - - � LOT LINE LEGEND LDenotes iron survey pipe (Pin) . I hereby certify that this sketch, plan P.P. Denotes power pole or report was prepared by me or under SURVEY WAS PERFORMED OF SOUTH LINE OF N my direct supervision and that I FOLLOWING PROPERTY: am a duly Registered Land Surveyor U_ under the laws of the State of Minne- Lot Sixteen (16) , Block Ten (10), Donnay's C) sota. Lakeview Manor Addition, according to the map Dated this 10th day of March 1987 or plat thereof on file and of record in the office of the Registrar of Titles in and for Z SUNDE LAND SURVEYING, INC. Anoka County, Minnesota. BY: Subject to restrictions, covenants and ease- Edward H. Sunde, R.L.S. ments of record, if any. Reg. No. 8612 U COWUNITY DEVELOPMENT s DEPARTMENT CIWOF FRIDLEY MEMORANDUM MEND Z0: Nasim Qureshi, City Manager PEND FROM: Jock Robertson, Community Developnent Director MEND DATE: April 22, 1987 RMARDING: Soil Contamination at 550 - 57th Avenue N. E. As a follow-up to questions raised at the Monday Council meeting by Judy Harold, next door neighbor at 560 - 57th Avenue N. E. , Darrel Clark yesterday inspected the pranises owned by Jack Chambers and currently occupied by Scott Fuerstenberg He found a minor soil contamination problem from drain oil dumping. Darrel estimates there were approximately five quarts of contaminated soil. Scott Fuerstenberg said he would stop draining his crank case oil there and will clean up the contaminated soil. We will conduct a follow-up inspection of this site to make sure the clean-up is completed. JLR/dm M-87-96 COMOSSION APPLICATIOW REVIEW Department Number File Date Meeting Date C'TYOF Planning 15 3/12/87 3/25/87 FRI DLEY File Address/Description SAV #87-02 COMPLETE REVIEW CHECKLIST 550 - 57th Avenue N.E. Vacate 1 foot of of a easement at 550 - 57th Avenue N.E. RETURN TO PLANNING BDARYL COMMENTS r;FEBBIE � Imo/" � / j M o;� �� e DEBBIE � �`�"� a.....v�/ 3� ern- D BBIE ARREL 1DEBBIE 9CLYDE DEBBIE C MARK DEBBIE EILEON DEBBIE ICCl4t'1D 1 fck. Chanbers #87-0 I -�, 11B r d r /� c � , i ! - > r' '' a • _ ' , [r i H AV -,- 4 9 i8 I '8 C�� 7 L 4 � 2 / w • s /z // a a GV 59TH. A p 3 ,f 54 A� ` LI7 9 ', -f t 1 4s 2 „ s LE A.6 _ W ir 1 9 Z '.--G i3 G_ OC f 11) J E LD h l B 9 /o // y f 4 8 �` 2 W MARIGOLD TERRACE 6 b 9 e s f ° c s + � o - _41: _ __ h h �A 9 N. k1fli s T AV ° /B /9 Zo 1/ 11 o 541 2 L 4 3 t r 3 14 ,��,• .1 . d /e 58 TH. H AVE 3 j4 • 9 9 t W 7 G S 3 2 >2 •.�.. _ j ••:i Ni�St �,E A e>Iq �' 6tt3V1 r h a N.E. ;G zI 1) h p G W /J P ACF N.E. z * H L NE PLACE W 11 7 jr T Il- �:s:`' ',; •'r(' 'rJi�;S r.�1 / 4 o r o � V) 5 8 / y 3 a u d .3 a .7r f 1k CTH. AVEN N.E. ID om•y• • ---- SL 1f 14r31 i Lo /9 /B /7•28•Js 4D 57 NUE N. o /c '", i 20 H /d /i J), .y /1 /i /o f 8 7 4 3 1 •21 7 • _ /f Q •••rte . • 10 W (• • Lu WOOOBRIDGE 11 DRIVE .�''r•� f • •20• •n • /L ��•' -rr'r C TEL i� ~ �! •IT• F- 5 _� T- f4 .j !:'r•:}:r-:•:\:r-:•:\'::/:�:��..;t:�:.��a}:r ti 17:i ti 1• '.• .�... .. ti::�:i\ I� � .1 ...• �. •{.• \ •ji:r�:i:r•.��•�i:':�:i.�::\ : r%� ��^•tai• 't:r.\�:i - .v�•.�i� •IT {� - '.•r•.:j:\1J�'j:'r:l'ti t.:.r•r—ti:::'i �:I:i ti�:... .}:�.ra�:�..:L �•. �' %:�:\1:rt • 56TH. AVENUE :� 'i��}... . .... •..•,• i ,..'. _ `:•::• '}:r ::1:\:r'?:�:�is/:�:}.�:� .:\:.�:� .. ,:.• ��'"�\:}' '�:• .t . �. . .• ,�'r:ry'r'r:t}.r-r:L\'�:r:j:\ :rt:}:r:l:ti:' .i i' ' . tw;; -;:j• 691 4. "'r•' •r'r.^,r'r:L�:r'"ra'J:r':�L\:r:/:ti\'i:I:t: :j:t:�}:r '�:` .i. HILL znK '.z.:�}:.:::j:}-�=:sj: ADD! _ INTERSTATE HIGHWAY y ., 0. 694 - - D A • 166AT • Ua f�d 7 b _ ee 0 •• a _z CHERT t • • • : •_ 2 s LANE t • • _ ._ G 7 d 13A 13: �' '•' Out O155 d i'f /� 4 1 54 TH. AVENUE N-E. L' i . . ♦ ♦. _. .. .. -09 d ,, 7 a 14 7 r - .._ /� r 314C 1 �2 4 357 �l� AVENQE koi'A /7 H ' 1 2 14UE N. ELM --� r—,rte---• ~� ,t OF � Ll s:- NjF r J P i UD/ RTS 5 riA w •PLANNING DIVISON s MEMORANDUM CITYOF FRIDLEY MMD 70: JOCK RCBERUSCN, CWUNITY DEVELOPMENT DIRECTOR MEMO FROM: JIM RCBINSON, PLANNING CDORDINATORJP_ MER) DATE: APRIL 15, 1987 RFI;ARDING: GiArBERS UTILITY EASEMENT VACATION PROPOSAL To vacate the northerly one foot of the easterly 30 feet of a utility easement located on the rear of the property at 550 57th Avenue. BACKGROUND The existing garage overhangs less than 2 inches into the easement. The petitioner wishes to avoid a cloud on the title. The utility companies have no objection to the request. RECIOMMENDATION The Planning Commission recommended approval on March 25, 1987. Staff concurs with this action. M-87-90 CITY OF FRIDLEY PLANNING COMMISSION MEETING, 11ARCH 25, 1987 CALL TO ORDER: Chairperson Billings called the March 25, 1987, Planning Commission meeting to order at 7:31 p.m. ROLL CALL: Menbers Present: Steve Billings,_ Dave ' ndrici:, Dean Saba, Donald Betzold, Richard Svanda j Menbers Absent: Sue Sherek 'X Others Present: Jim Robins Planning Coordinator Jock Rob tson, Community Development Director Jim D ds , 3737 East River Road Jac Chambers , 4720 Garfield Ave. S. 'chard Peterson, 277 - 57th Place Z APPROVAL OF ARCH 11 , 1987 PLANNING COMMISSION MINUTES: MOTION MR. KONDRICK, SECONDED BY 14R. BETZOLD, TO APPROVE THE 14ARCH 11, 1987, PLANN dG COM14ISSION MINUTES AS WRITTEN. U N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION ARRIED UNANIMOUSLY. 1 . CONSIDERATION OF A VACATION REQUEST, SAV 7#87-02, BY JACK CHAMBERS: Vacate the Northerly 1 foot of the Easterly 30 feet of the 5 foot drainage and utility easement located on the Southerly 5 feet of Lot 16, Block 10, Donnay's Lakeview t1anor Addition, the same beinn 550 - 57th Avenue N.E. Mr. Billings stated that due to a conflict of interest, he would not parti- cipate in either the discussion or the vote on this item. Mr. Robinson stated this vacation request involved the vacation of a portion of a 5 ft. utility easement on Lot 16, Block 10, Connay's Lakeview Manor Addition. The property was zoned single family and was located just north of the old drive-in site. Mr. Robinson stated it was discovered that a very small portion of the garage in the rear yard (southeast corner of the property) overhung into the easement by less than 2inches . In order to preclude any future problems that might arise with the title, the petitioner was requesting that the easterly 30 ft. of the north 1 ft. of the easement be vacated. He stated the City has notified the utility companies , and the utility companies have no problem with the vacation as outlined. Staff would recommend this vacation request be approved with no stipulations. PLANNING C0f1i1ISSION 11EETING, MARCH 25, 1987 PAGE 2 MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #87-02, BY JACK CHAMBERS TO VACATE THE NORTHERLY 1 FOOT OF THE EASTERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASE14EIlT LOCATED ON THE SOUTHERLY 5 FEET OF LOT 16, BLOCK 10, DONNAY'S LAKE- VIEW MANOR ADDITION, THE SAME BEING 550- 57TH AVENUE N.E. , WITH NO STIPULATIONS. UPON A VOICE VOTE, SABA, KONDRICK, BETZOLD, AND SVANDA VOTING AYE, BILLINGS ABSTAINING, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED. Mr. Robinson stated this item would go before the City Council on April 20. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #87-02, BY t1CCK, INC. : To rezone from R-3, General fultiple Dwelling, to R-1 , One Family a.4e ng, on Lots 80 through 83, Block A, Riverview Heights , and all that par of the unnamed street abutting Lots 30, 81 , 82, and 83 lying between the outherly line of Lot 80 extended Westerly to the MAC Railroad and the N herly line of Lot 83 extended Westerly to the MAC Railroad right-of-way as shown on the original map of said River View Heights Addition, and 1 that part of the right-of-way of the Minneapolis, Anoka and Cuyuna Ra e Railroad Company in the Southeast Quarter of the Northwest Quarter of S tion 3, Township 30 North Range 24 (Jest lying between the North line of t 83, Block A, also known as Section A, River View Heights, extended 14 t through said right-of- way and said South line of Lot 80, Block A, Rive View Heights , extended West through said right-of-way according to the pla thereof on file and of record in the office of the County Recorder in and fdr Anoka County, Minnesota, the same being 441 Hugo Street N.E. /11 MOTION BY MR. KONDRICK, SECONDED BY MR.,r'SVAUDA, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND TO 0 EN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYEI CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUB 'C HEARING OPEN AT 7:36 P.M. Mr. Robinson stated this was asically a housekeeping item at this point, although they still have t go through the public hearing process. This property has been before a Planning Commission and the City Council several tines in the past. The roperty was located on Hugo and East River Road and was zoned predominate R-3 and also included two single family lots. This sane property was s ject to a lot split which divided the property into three single family lots This lot split was approved by the City Council on Nov. 3, 1986. C9 struction of single family homes was permissible in a multiple zone, so the r oning was done at the behest of the City Council and was a stipulation w' h the lot split. The reason for the rezoning was to ensure that if onl one or two houses were built on the lot, they would not be left with a s 'a piece of R-3 property. MOTION Y MR. KONDRICK, SECONDED BY MR. SVANDA, TO CLOSE THE PUBLIC HEARING. UPO A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC H RING CLOSED AT 7:38 P.M. (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Ave- nue Northeast onMonday, April 20, 1987 in the Council Chamber at 7:30 P.m.for the purpose of. Consideration of a Vacation. SAV #87-02, by Jack Chambers, to vacate the northerly 1 foot of the easterly 30 feet of the 5 foot drainage and utility easement lo- cated on the southerly 5 feet of Lot 16, Block 10. Donnay's Lakeview Manor Addition, the same being 550 - 57th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (April 6 h 13,1987)-FRID 2 PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, April 20, 1987 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Vacation, SAV #87-02, by Jack Chambers, to vacate the northerly 1 foot of the easterly 30 feet of the 5 foot drainage and utility easement located on the southerly 5 feet of Lot 16, Block 10, Donnay's Lakeview Manor Addition, the same being 550 - 57th Avenue N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: April 6, 1987 April 13, 1987 COUKIL MEETING OF APRIL 20, 1987 completed and the problems for the residents resolved. PU$LIC HEARINGS: 2. CONSIDERATION OF A VACATION REQUEST, SAV #87-02 TO VACATE THE NORTHERLY l F'COT OF THE EAS'T'ERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON THE SOUTHERLY 5 FEET OF LOT 16, BLOCK 10, DONNAY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 550 57TH AVENUE N E , BY JACK CHAMBERS: NOTION by Councilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:40 p.m. Mr. Robertson, Community Development Director, stated this petition is to vacate the northerly one foot of the easterly 30 feet of a utility easement located on the rear of the property at 550 57th Avenue. He stated there is an existing garage that has a slight overhang into this easement and the property owner wishes to avoid any problems with the deed. Mr. Robertson stated the utility companies have no objection to this vacation request. Ms. Judy Harald, 560 57th Avenue, stated she has no problem with the vacation, but is concerned about the dumping of oil around the garage area. She stated she would like to request a thorough cleanup of this spillage. Mayor Nee stated it is against the law to dump oil in the ground and would have the City Inspector check on it. Ms. Harald stated the property owner is Scott Fuerstenberg. No other persons in the audience spoke regarding this proposed vacation. NDTION by Councilman Goodspeed to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:48 p.m. 3. CONSIDERATION OF A REZONING REQUEST, ZOA #87-02, TO REZONE FROM R-3, GENERAL MULTIPLE DWELLING, TO R-1, ONE FAMILY DWELLING, GENERALLY LOCATED AT 441 HUGO STREET N.E. , BY MOCK, INC. : MDTION by Councilman Fitzpatrick to waive the reading of--the public hearing notice and open the public hearing. Seconded by Cpun"dilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de,clared the motion carried unanimously and the public hearing open at 9:48 pm. Mr. Robertson, Community Devel,apm nt Director, stated the Council approved a lot split on November 3 _,.1986 to allow three single family homes on this property. He stated--i-6-order to ensure continued R-1 status in the future, Council stipul.aten the down zoning from R-3 to &-1. He stated the permit_ have bee rued, park fees paid, other oustanding special assessments acne a by the developer, and required easements granted. -4- COU►x'ILMEETING OF APRIL 20. 1987 residential area. Mr. Kirk Herman, 610 57th Avenue, stated on Easter Sunday, with. the high winds, he couldn't be inside or outside his hone because of the problem with the sand. He stated he felt this is also a health hazard. He stated when this project began a year ago, they were promised it would be leveled, sodded, and seeded by April of this year. Mr. Herman stated Eneback Construction came out and watered down the road twice, but it didn' t do any good. He felt someone has to do something for the safety and well-being of the people in the area. Mr. Herman stated it isn't only the pools where the sand is a problem, but it is inside their homes as well. He felt if the area of this site between the residences was watered it would help. Mr. Flora stated the project will be completed in August of this year and the majority of the work should be done in June or July, with some major improvement in May. Mr. Kellar asked if there could be some kind owatering program. Mayor Nee asked if the Ci has the capabilities to sprYnkle when there is a problem City � with the wind. Mr. Flora stated the City did not have the equipment to accomplish this task, however, it may be possible for the City or HRA to procure such equipment. He stated this is a large area and in order to try and reduce the amount of blowing sand, the top of the mounds of sand need to be watered quite extensively to form a crust. He stated what is contributing to the problem is the fact that the area has been dry since last November. Mr. Herman stated he would like to'see a schedule when this work will be completed. Mx. Flora stated as soon as the City receives this schedule, it could be forwarded to the residents. Mr. Fred Rushin, 620 57th Avenue, stated a plastic barrier was torn out by the contractor and questioned why it was removed. Mr. Flora stated it was removed so the berm could bd constructed and it will then be re-installed. Mr. Flora stated the contractor is required to attempt to control the sand, however, he does not h4ve the resources to control the entire site. He stated load limits we raised a week ago and the contractor is making an effort to complete h's work on the site and is focusing his attention on the buffer strip. Mr. Kellar stat 90$ of the contractors worked most of the winter and didn't feel thi ' contractor was making that much of an effort to get the work complete Mr. Flora stated the contractor' s equipment in March and April was i ated due to load limits. Mr. Kella stated there are 10 ton roads from Northfield so the contractor could ge permits and felt this is not a valid excuse. Mr. Flora stated the load 1 ' its applied to the site on which the equipment was located. Mayo Nee stated the City will make every effort to assure that this project re ives the utmost priority from the contractor so the work can be -3- COUNCIL MEETING OFVY 4, 1987 • RECESS: Recess called by Mayor Nee at 11:00 p.m. RECONVENED �,,,,.� • Mayor Nee reeonve ee meeting at 11: 10 p.m. All Council members were present. USINESS: 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE PPRWING A VACATION REQUEST, AV #87-02, To VACATE THE NORTHERLY 1 FOOT OF THE EASTERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON THE SOUTHERLY 5 FEET OF LOT 16, BLACK 10, DONNAY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 550 57TH AVENUE N.E. , BY JACK CHAMBERS: Mr. Robertson, OJmmunity Development Director, stated a public hearing was held on April 20 regarding this vacation and there were no objections. He stated the question raised regarding the dumping of oil on this site has been investigated and there has been a cleanup. MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF FIRST READING OF AN ORDINANCZ AppFCVING A REZONING REQUEST. ZOA #87-02, TO REZONE FROM R-3, GENERAL MULTIPLE DWELLING, TO R-1, ONE FAMILY DWELL.IM, GENERALLY LACATED AT 441 HLW STREET N E , BY MCCK. INC Mr. Robertson, (bmmunity Development Director, stated a public hearing was held on April 20 regarding this rezoning and there were no objec#-6ns. MOTION by Councilman Fitzpatrick to waive the readir8019nd approve the ordinance upon first reading. Seconded by Councilwoman'-'Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A VACATION REQUEST, SAV #87-01, TO VACATE A 33 FOOT STREET DEDICATION BETWEEN 57TH PLACE AND 57 1/2 AVENUE LYING EAST OF LOT 15, BLOCK 1. AND WEST OF LOT 1, BLOCK 2, CITY VIEW ADDITION. ALL LYING IN THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA, GENERALLY LCCATED EAST QF .247 57TH PLACE N E B N' Mr. Robertson, Community Development Director, stated this vacation is for the westerly halk'only of the 2 1/2 Street right-of-way between 57th Place and 57 1/2 Avenue. He stated the Planning Commission recommended approval and the Cadcil held a public hearing on this vacation on April 20. Mr. Robertson stated the Planning Commission recommended the City retain a utility easement over the entire portion and this is noted in the ordinance. -7- COUNCIL FETING OF MAY 4, 1987 Councilman Fitzpatrick asked if the property covered in this vacation reverts to a single property owner to which Mr. Robertson answered -n the of f i rmative. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF SETTING A PUBLIC HEARING ON CREATING CHAPTER 403 OF THE FRIDLEY CITY CODE RELATING TO UNIFORM ELECTRIC FRANCHISE: Mr. Flora, Public Works Director, stated the Suburban Rate Authority is working with Northern States Power for a uniform franchise for all member suburban communities. He stated the franchise has been accepted by Northern States Power and in order for the City to adopt this franchise, a public hearing is required under the City Charter. MDTION by Councilman Schneider to set the ublic hearing regarding this franchise for June 1, 1987. Seconded by uncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. CONSIDERATION OF SETTING A PUBLIC HEARING TO ADD TO THE FRIDLEY CITY CODE, CHAPTER 407, PUBLIC UTILITY GROSS FARNINGS FRANCHISE FEE Mr. Flora, Public Works Director,' stated in order to establish a utility franchise fee, a public hearing is required under the City Charter. MDTION by Councilman Schneider to set a public hearing regarding this franchise fee for June 1, 1987. Seconded by Councilman Goodspeed. Mr. Jim Anderson, Administrator for Minnesota Public Affairs for MinnegascD, appeared before the Council regarding Minnegasco's position on this proposed franchise fee and stated a letter dated May 1, 1987 has been forwarded to the Council. He stated Minnegasoo is opposed to anything that imposes taxes or fees or discriminates against its customers. He felt the proposed franchise fee discriminates against lower income groups and customers who prefer natural gas over other energy sources. He stated the fee would place Minnegasoo in a very serious position as the price ratio of gas to oil is only six cents difference. He stated this franchise fee would add a three percent tax which would mean an additional cost of seven cents and the difference in cost between cps and oil increases to 13 cents per gallon. He felt Minnegasco may lose some high volume customers with this 13 cents differen in cost and when large volume users are lost, this amount has to be made by the small volume customers. Mr. Anderson felt if the City needs additional revenue, a mill levy would be more/appropriate because everyone would pay rather than just the gas cusVners. He stated electric and cps utilities are the only ones that pay a/ rsonal property tax and there is legislation to increase this rate. -8- THE MLINUT,S OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 18. Im The Regular Meeting of the Fridley City Gbuncil was called to order at 7:38 p.m. by Mayor Nee. PLEDGE OF ALUMANCE Mayor Nee led the (buncil and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Cbuncilwonan Jorgenson, Cbuncilman Schneider, Cbuncilman Fitzpatrick and Councilman Goodspeed MEMBERS ABSENT: None APPROVAL OF MINUTES: BOARD OF REVIEW. MAY 4 . 7987 MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by (buncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, MAY 4, 1987: MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OFE.,.I _: MOTION by Councilman Schneider to adopt the agenda as presented. Seconded by Councilman Fitzpatrick. Upen a voice vote, all voting aye, Mayor Nee declared /the motion carried unanimously. 0 FnRiJM. VISI'IC)RS' There was no response from the audience under this item of business. OLD BUSINESS• 1. ORDINANCE NO, 883 APPROVING A VACATION REQUEST, SAV #87-02, TO VACATE THE - pEM ERLY 1 F= OF THE EASTERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEME IACATED ON THE SOUTHERLY 5 FEET OF LOT 16 , BLOCK 10 , DONNAY' S LAKEVIEW MANOR ADDITION, THE SAME BEING 550 57TH AVENUE N E BY JACK CHAMBERS: -1- • • COLTM.'"'IL MEETING OF NAY 18. 1987 NDTION by Councilman Goodspeed to waive the second reading and adopt Ordinance No. 883 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 2. ORDINANCE NO. 8$4 APPRWING A REZONING REQUEST, ZOA #87-02 , TO REZONE FROM _R-3 GENERAL MULTIPLE DWELLING. TO R-1, ONE FAMILY DWELLING, GENERALLY LUTED AT 441 HUUO STREET N E , BY MCCK, INC. : NDTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 884 on second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO 885 APPROVING A VACATION REOUEST, SAV #87-01, GENERALLY DATED EAST OF 247 57TH PLACE N E , BY RT(3iARD PETERSON: MJTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 885 on second reading and order publication. Seconded by Oouncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. CONSIDERATION OF APPOINTMENTS TO ENVIRONMENTAL OUN ITy. ENERGY, AND HOUSING AND REDEVEIOPMENr AUTHORITY OOI`'ff`7ISSIONS: MJTION by Councilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE NO 886 TO RECODIFY THE FRIDLEY CITY OQDE BY AMENDING CHAPTER 11 ENTITLED "GENERAL pRUVISIONS AND FEES", BY DELETING THE VENDING MACHINE FEE: MOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 886 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ORDINANCE NO, 887 RECODIFYTI�TE�E FRIDLEY CITY CARE BY AMENDING CHAPTER 203 _ENTITLED "MOBILE HOME PARK" , BY DELETING SECTION 203.04 , CERTIFICATE _OF CONTINUED OPERATION AND RENUMBERING OQNSECUTIVELY: NOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 887 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 7. CC)N,SIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE, AS IT RELATES TO SOLID WASTE STORAGE CONTAINER ENCLOSURES, HEALTH CARE CLINIC_PARKING, CHURCH PARKIN^AND GARAGE SETBACK_. -2- City of Fridley (Official Publication) ORDINANCE NO.883 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1.To vacate the north- erly 1 foot of the easterly 30 feet of the 5 foot drainage and utility easement located on the southerly 5 feet of Lot 16, Block 10, Donnay's Lakeview Manor Addition,the same being 550- 57th Avenue N.E. All lying in the south half of Section 23, 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 Min- nesota Statutes and pursuant to Sec- tion 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18th DAY OF MAY, 1987. WILLIAM J.NEE,Mayor ATTEST: SHIRLEY A.HAAPALA City Clerk Public Hearing:April 20,1987 First Reading:May 4,1987 Second Reading:May 18,1987 Publish:May 25,1987 (May 25,1987)-FRID 4A C Y OF FW DLEY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)571-3450 CITY COUNCIL ACTION TAKEN NQT1 Jack Char,hers May 29, 1987 4720 Garfield Avenue South Minnealolis, M; 55409 On May 18, 1987 the Fridley City Council officially approved your request for a vacation, SAV #87-02, to vacate the Northerly 1 foot of the Easterly 30 feet of the 5 foot drainage and utility easement located on the Southerly 5 feet of Lot 16, Block 10, Donnay's Lakeivew Manor Addition, the same being 550 - 57th Avenue N.E. with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, Janes L. Pobinson Planning Coordinator Juvch Please review the noted stipulations, sign the statement below and return one con, to the City of Fridley Planning Department by June 12, 1987. Concur with action taken