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SAV85-02 22 N _ CITY DF FRIDLEY. SUBJECT ZONING ACTION ZOA # C 6431 UNIVERSITY AVE. NE. VACATION SAV # ' FRIDLEY. MN. 5543e (692),571-3450 PLAT PS # ORDINANCE NO PUBLISHED ADDRESS DATE PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: NAME Arnold. M. KuhnlY FEE 150.00 RECEIPT NO STREET LOCATION OF PROPERTY 6747 Washin ton St. N.E. 9rid M LEGAL DESCRIPTION OF PROPERTY Lot 14 and the Southerly 2 Feet Front & Rear PRESENT ZONING CLASSIFICATION - / EXISTING USE OF PROPERTY of Lot 15 ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION OR TYPE OF USE AND IMPROVEMENT PROPOSED Vacate the*'draina e and utilit goy t,'1 /. , Cteeu (- easement on the North Side of Lot 14, in order to install a driveway and erect a garage on tie rear of the lot. Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? �yes -l< no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of proper- ty within 350 feet must be attached to this application (rezoning) , 300 feet, (plat- ting) , will 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. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresss of all residents and property owen s of propprty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1 . North direction. 2. Location of the proposed, structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings ( ithin 350 feet) . The undersigned hereby declares that all the facts and respresentations stated in this application are true and correct. DATE 3_6-85 SIGNATURE ADDRESS CP Gl/ TELEPHONE NO j /-�, y� owl asim Dotd. lnd.�idus:to Corporatim Form No. 28-M. Manne.otA Unih, I CO Nilkr-Dsvis Co.. Ujuncopolis d t9"9 lrbiz Nbenturt. made this ...............Pth,. ...... ....day Of.....................MOY................. ............ betuwn Arnol.d..M.,.....K.vhnly and -Margaret...M.....Kuhnly .(Husband a.nd.Wife) ...... ..................................... .. of the County of.....A,,oka ..................................................................and State of......Min .......ne.s..Q.ta............................................................. part ies of the, first part, and Ci.ty...of...Fridl ey . . . ......I......................................................................................-......... a- -corporation"Il*-I*""I- "I- -under*--***- h--e*....laws-**----of f- t-h*,-4*e* State of.......i'n'...ne-"s-,o-t-'a-...... party-- .....O-f-.....the-.........w....co....n.4-d-......part,-- Witneggelt. That the said part........... of the first part, in consideration of the sum of ..Dne doll-ar...(11-00) and-other...val.uable-.consideration................................................................DOLLIRS, to .........-................ ............ in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do hereby Grant, Bargain, Quitclaim, and Conve- unto the said party of the second part, its successors and assigns, Forever, all the tract ... or parcel..... of land lying and being in the County of _..AnokaAnoka ..........................................................and State of Minnesota, described as fo7Iou-,,z, to-zi-it: A drainage and utility easement described as follows: The South 10 feet of Lot 14, Block 1 , Rice Creek Terrace Plat 4. The City of Fridley hereby accepts this easement for drainage and utility purposes. Sidney Inman -�ity�Cerk No State Deed Tax Required. 7 To 3abc anb to jbolb the OaIIIC. Tofcther with it'l the hcredita7lItn's and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part, its successors and assigns. ns. Fore ver. N Irr9timont, Wbrrrof, Th.:, said 7)a7-t ieS o; the first part ha ve hereunto 8!-t their bawl the day and year first at'k7rr written. .7 IA .............. ........................ ........ ........ ............ ... . ..... .................................... .......................... Quit darn I1ccC. Form No. 2O•M. Ird.+�.:•.:a:lu�orporati:n. �I:.tn,.,n., l�n�t,ani (•m.i n u�• li n �.i..d 1`l-�� T1)15 3nbenture. .'Rade this _ 8th day of May , 19 85 , between Arnold_M, Kuhnly .and Margaret .M......Kuhnly (Husband and. Wife) _.. of the County of ..Anoka............................_................................and State of_._.Mi•nne.s.o ..._........ _.. ......... ............... ............. parties of the first part, and_.C.i.ty..of...Fr.i.dl.ey.. ............. ...._....................................................._..................._... .._............ _.__....._.._. ...................................................................................... ._......._......................................._....................................................... .... .........., a corporation under the laws of the State of....Mi nnesota.. _.................. _ ...... ........... party of the second part, Wltllezoob, That the said part........... of the first part, in consideration of the sum, of ...One_.d.o.l..1..ar.....(11.....00)....and....other...valuable...consideration _...................................._.......................DOLL.4RS, to _._..... ................ . _....__. . in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do ... hereby Grant, Bar6ain, Quitclaim, and Conve unto the said party of the second part, its successors and assigns, Forever, all the tract . or parcel.. .. of land lying and beings in the County of _.Anoka _ _.. _ __ ..... _ __ and State of .Ifinnesota, described as follows, to-reit: A drainage and utility easement described as follows : The South 10 feet of Lot 14, Block 1 , Rice Creek Terrace Plat 4 . The City of Fridley hereby accepts this easement for �•''� �'••;•/.'` drainage and utility purposes. ice• • �-w A : �-. ,- , Sidney Inman - ity Clerk No State Deed Tax Required . To J�)abc ally to 1�)olb t�c *anic. 7',7_;• !17i7. 17i;i1 t17. i1{ di'11111' 71t�5 71d ((17pr1rfrw7u�r� !I1<7e- 1111tU 7•-i 012_^!77_ 0/ ' 177 ,11177;!'1"' Upp%1't(l ill'l7_ t•i t1(� .:•i �n•f't 7� �,J" tl(I' S('('OR11 ]7�17•t, t.' :7fiv•�� 7 r _ Forr rer. -An Iremitnonr Wj)eicof, T77•. grid 11(17•, ies th, 777-t part h,t ve he e7777tu set their 117171115 177,7 ,7,X77 j?ra :r'», . , �K,77. i i Utility Company We have Vacation Request, SAV #85-02, from Arnold Kuhnly to vacate the 7 oot drainage and utility easement. If you have utilities in this easement and this vacation would have an adverse effect on this ea ment, please notify the City of Fridley Planning Department at 71 University Avenue N.E. , Fridley, MN 55432 as soon as possible. s fc zte o Arl IL ir• ,JSP .— --_ � .,�' �� � `� � `�Yi, `S )� �� ♦ 1 �J .,� X11 . =1•.t �1 tea` ,GOI rl f S7t/r♦t>•if �'/ . �L%171 Z-�PLY DC7 /_1=� /T Ad f-W ar r 7 saw&W./lf snee . n y" uR�UV WC71ME AV6, ASC. I A.4` i Minnegasco has no facilities within the above described area proposed to be vacated and has no objection to its vacation. Thanks for the advance notice. Wil m R. Schram Administrator Real Estate [and PlaMwx� r.BTS H,�lil�� wE. LamdSwwymy sob wily ENG I•NEERI NG; INC. �°'� • — Engineers Sur veyors --- " icer of icate of suirvey i'o: goo 611,100.. <` X77 .• — Ain mob *AID lum �� , --�--- -- ___ --- ---- T� y1 � 74 Q GOI!j jsJt/l/ti ifs '^V 14 A". llfenby urf,ry I1S 1Kis a o lout and aorltci mpm5miaton of#M-wy 47AX dwww`rw C*abrx kwv6rd lawad ad /aGI 17 oA'eMAdr ,I*lta►,0-d r/nsl t(C fir/r ISI S&4 And. As swveyed ly Ilk,'/Ai--7 SUBUR6" ENCWNEERING, INC. JA yy A � r - - r C ,y/ss' Kuhnly 5A EC. 4 30tR. 24 FMS Is A _r !F FE� AS S / I rHEYA"!AN IN ' ' ANCA C71'VT1 I JfFKES Af/(CI,NG•�/f AREA>/qwN 7!aS DNA*ING IS TO°E USED ONE+'FOR REFERENCE►URFOSES AA'^iNf CJUA C/TY OF FRIDLEY n IS OURA RESMNEW DN INE IN 4CCURAUES NFREIN CJNTLMFn 539/4 Mf CO.tN[Ar I►JN CORKR SCC SEC !BR OK V/EW I•. i _5 , ; , RICE CREE . K 'TERRACE !! ,1 �J r/ f ; /`. s• f a y y7 < ♦.C., ~ r r 1y ` , • G' f 6�.� 1.�J< �.K j !f• • -+ �.••.'.•.• PANDORA­- DRIVE E `/. ^�� •��Y�' .�f r s S ,Re ,.S i 3 n� f c S -S A .^r, J it +a �(< �/ t J` frti• R Jn.� a.- / 9 s S/,9-5 ABS z t , t` A, de ar ". ERTON�, DRIVE '. 3. jaL tt�• Ve+ V yr f +r .�-.3t s e KENNASTON IVi1,+ z0` �O ¢� ..fir'-. S i • i •a'+ 'r 4/• v. 7 �f ` < i2 sp /! >•c rr .s � ♦ S 9 + 9 � `-.� � �t ti r+• .` �. - J• +� h' vtl\� - ,rf. I3. 1 .r 0 ui17 i _' r, _ VHF• c '�'�r ''' p •► 1. 68TH AVE. N_rt ,lC�... ,,,J•--r--�• t /` ••,`- b„ ° 3 .=7 -• N "[--_.r lI R J Z 7 R j0 r �•'• �(/ ,'� �: i ( W F ,;;Am-a s R „<._.a• 10 , y t a • � � �t Oisr 3 � � '"� gra 67 AVE. N.E. - ,• %`� +p . 1 trolftsl7t /Ts1 -01_F 2 t+ . REAR.-OF ;OteEX: r z s LCfl 1-2-3 ((p O a PLACE R f AVE. N.E. »I �e'• ..•, �' ':':'o _,�[. .o : w' ' _ �NEAO W�vgkps ioT YE5 ANO 10 — � � . � 1-2-;�[{( 4 �A 5 —- zI t rs�; J 66TH AVE. E. - %`EK r - •, ;f 4- 11777 - -4.� 1'—'4''RP -------- ovE zz CL ;:;<*ERATF , 6 tfwl[R: MISSISSIpPi.-STREET i< < NOLAND W ANDERSON_-< •- `� COUN1r SWvEYO• AMO.A l LOCATION MAP " ' -- ` 'V• /? ' _ fir_ .tea-r, ' ..,,- a 2- aI�o '�N p• \ � s � _ `I Q i 0h 0 N ,v Q o� C L JQ. •t°ry1 co to . G 9 �P ► /rye Lo Hb � I r .r' Z 0 OPEN (R4D IL 'r.2ieAs Az 13 coo 45 �` �•! _=a} •yah -+ , - A ,� ��, .Af Council ' ction 4/15/85 Arnold M. Kuhnly SAV #85-32 Set Public Hearing for May 6 Jmo will enter this as item for Council Agenda DM to Set Public Hearing Arnold P . Kuhnly 6747 Washington St. NE SAV #85-02 To vacate a Drainage and Utility Easement, for Erection of Garage, 6747 Washington Street NE, Council Action of 5/0/85 Ok'd with stipulation to provide a 10' easement Debbie to notify by form letter J Approved Vacation with stips) Jim to write ordinance - thru Dawn - show Dei Clyde to write Drainage and Utility Easement �. Jean to put on Council agenda of 5/20/85 I ' Council Action 5/20/85 Arnold M. Kuhnly 6747 Washington Street NE Ok on First Reading Put on for 2nd Reading 6/3/85-OK JMO Fp' Kuhnly Vacation Council Action 6/3/85 Second Reading of Ordinance Approved. Mary Lu to Publish Deb to file folder II 23 March 61 1985 I have lived at 6717 Washington St. , since July 1959, and in all that time I have never seen the easement on the North side of my lot used for any purpose. If any utility vehicles have needed to get to the rear of my lot, they have always come in at the South End of my house. The only instances I can recall of that are after the tornado in 1965 and a couple of times when they were installing cable TV. The utility pole is at the South end of my lot and all electrical and phone wiring is above ground. As far as drainage is concerned they is practically no run—off between my house and the one to the North of me. i 24 , Northwestern Bell March 14, 1985 City of Fridley Planning Dept. 6431 University Ave. N. E. Fridley, MN 55432 RE: Vacation Request SAV #85-02 This area is served by aerial telephone cable from the rear lot lines. Vacating this easement would have no adverse effect on our facilities. Sincerely, J. L. Thistle Engineer-Distribution April 22, 1985 To Whom it May Concern: We, Leonard and Diane Peterson, the owners of 6757 Washington St. N.E. , Fridley, Mn. have no objection to the extension of the driveway of 6747 Washington St. N.E. being on or near the property line separating the two lots. Also we are aware that the drainage from the East end of the two lots will continue to be between our house and the house on 6747 Washington St. N. E. Leonard Pete son Diane Peterson CITY OF FRIDLEY, COMMISSION APPLICATION MINNESOTA REVIEW F meaf sial Numb e• Rev Pogo Approved by FILE NO, ADDACSs aAV 5--OZ FILE DATE COMPLETE REVIEW CHECKLIST AmAd Kunr), ,tyu .7 5 RETURN TO PLANNING +' N cadeo8 ty �+ r DUE DATE avF I m {z J COMMENTS �L lw� .0�rw El Darrel Mark Clyde W'//-John / cS� fh /0cl f� eon I' Q0.«. - ��� �- 30 - 77th Avenue N.E. 54 P.S. #85-01 ■ ___77 rM/ —WAY—,. - - * �;■ -mss- ■ i. PSvrby Sb..T_ ♦ ♦ 1 � .L T - y � o i `t ii y A Y / / , / v 3 3B PLANNtLNG COMMISSION MEETING APRIL 3, 1985 PAGE 26 1. Set back garage at least 25 feet or obtain a variance. 2. P vide hard surface driveway; curb cut by City. Mr. Robinson stated the petitioner would probably be applying for a variance to match the garage setback with the house setback. Mr. Anderson stated he existing attached garage will remain as a garage as he needs the extra gaa space. MOTION BY MR. KONDRICK, S ONDED BY MR. OQUIST, TO CLOSE THE PUBLIC HEAPING ON SP #85-02 BY ROBERT ANDERSON. UPON A VOICE VOTE, ALL VOTING AY),�, CHAIRWOMAN SCHNABEL DECLARED THE PUBLIC HEARING CLOSED AT 12:30 A.M. i, 4 NOTION BY MR. OQUIST, SECONDED BY MR."-MINTON, TO RECOMMEND TO CITY COUNCIL APPROVAL OF A REQUEST FOR A SPECIAL USi',,PERMIT, SP #85-02, BY ROBERT ANDERSON, PER SECTION 205.07.1, 3, A, OF THE FRIDLEY. CITY CODE, TO ALLOW THE CONSTRUCTION OF A SECOND ACCESSORY BUILDING, A 24 FOOT BY, 26 FOOT DETAC�ED GARAGE ON LOT 13, BLOCK 3, BROOKIIIEW SECOND ADDITION, THE SAME SING 6800 OA LEY STREET N.E. , WITH THE FOLLOWING STIPULATIONS: 1. SET BACK GARAGE AT LEAST 25 FEET OR OBTAIN A VAR, CE. 2. PROVIDE HARD SURFACE DRIVEWAY; CURB CUT BCITY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL EC RED THE MOTION CARRIED UNANIMOUSLY. Ms. Schnabel stated this item would go to City Council on it 15. 4. VACATION REQUEST, SAV #85-02, BY AR14OLD M. KUHNLY: Vacate the 7 foot drainage anc� uti ty ea'smerit on tie 1Tor't�i she o1ot Ind the south 2 feet front and rear of Lot 15, Block 1 , Rice Creek Terrace Plat 4, in order to install a driveway and erect a garage on the rear of the lot, the same being 6747 Washington Street N.E. Mr. Robinson stated this property was located east of Washington St. just south of 68th Ave. The request was to vacate a drainage easement in order to install a driveway and erect a garage. The house does sit very close to the lot line (9.7 feet from the corner of the house to the existing lot line). The existing driveway t!hich comes in and abuts the house i presently on the drainage easement. The proposal was to extend that drivew y and build the garage. Mr. Robinson stated Staff would recommend the following stipulations: 1 . A drainage plan be coordinated with and approved by Engineering staff prior to City Council meeting. 3C PLANNING COMMISSION MEETING, APRIL 3, 1985 PAGE 27 2. Neighbor to the north provide a letter agreeing to reduced driveway setback and drainage plan. 3. A new ten-foot drainage and utility easement to be provided on southerly 10 feet of lot. Mr. Robinson stated all utility companies have indicated they have no problem with this easement. MOTION BY MR. KONDRICK, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #85-02, BY ARNOLD r__'HNLY TO VACATE THE 7 FOOT DRAINAGE AND UTILITY EASEMENT ON THE NORTH SIDE OF WT 14 AND THE SOUTH 2 FEET FRONT AND REAR OF IAT 15, BLOCK. 1, RICE CREEK TERRACE PLAT 4, IN ORDER TO INSTALL A DRIVEWAY AND ERECT A GARAGE ON THE REAR OF THE LOT, THE SAME BEING 6747 WASHINGTON STREET N.E. , WITH THE FOLLOWING STIPULATIONS: 1. A DRAINAGE PLAN BE COORDINATED WITH AND APPROVED BY ENGINEERING STAFF PRIOR TO CITY COUNCIL MEETING. ?. NEIGHBOR TO THE NORTH PROVIDE A LETTER AGREEING REDUCED DRIVEWAY SETBACK AND DRAINAGE PLAN. 3. A NEW TEN-FOOT DRAINAGE AND UTILITY EASEMENT TO BE PROVIDED ON SOUTHERLY 10 FEET OF LOT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. TABLED 2/27/85: `LOT SPLIT L.S. 085-03, BY ROBERT GILSTAD Split off The aster y e. t, except the Northerly- 13-5 eet of paft of Lot 1 , Auditor's Subdivision, No. 25 (see file for legal ) to be used as a parkinq lot for the apartments\,on Lynde Drive (Moore Lake Apartments Complex). a .4 This item to remain tabled,,until April 17, 1985, at petitioner's request. 6. RECEIVE COMMISSION MEETING MINTES AND WORKPLAN: MOTION BY MR. OQUIST, SECONDED BY . MINTON, TO RECEIVE THE FOLLOWING: HUMAN RESOURCES COMMISSION WORK PLAN FOR 1985 HUMAN RESOURCES COMMISSION MINUTE$ OF JANUARY 31, 198 HOUSING 6 REDEVELOPMENT AUTHORITY NUTES OF FEBRUARY 14, 1985 ENVIRONMENTAL QUALITY COMMISSION MI ES OF FEBRUARY 9, 1985 ENERGY COMMISSION MINUTES OF FEBRUARY 6, 1985 HUMAN RESOURCES COMMISSION MINUTES OF CH 7, 1985 hOUSING 6 REDEVELOPMENT AUTHORITY MINUTES F MARCH 14 2985 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRWOMAN SCHN EL DECEARED THE MOTION CARRIED UNANIMOUSLY. C l7 U J � 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 Unilversity Avenue Northeast on Monday, May 6, 1985 in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Vacation request, SAV #85-02, by Arnold M. Kuhnly, to vacate the 7 foot drainage and utility easement on the North side of Lot 14 and the South 2 feet front and rear of Lot 15, Block 1, Rice Creek Terrace Plat 4, in order to install a driveway and erect a garage on the rear of the lot for 6747 Washington Street N.E. , all in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above state time and place. WILLIAM J. NEE MAYOR Publish: April 22, 1985 April 29, 1985 Minnegasco has no facilities within the above described area proposed to be vacated and has no objection to its vacation. Thanks for the advance notice. Minnegasoo A Company of Diversif'('d Energes. Inc William R. Schram Administrator — Real Estte 612-343-7019 00 West Linden Avenue �luvnr�pnliti Ninne,,ota n1�403 iJ --:� �� Llr✓ (.-� 37 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, May 6, 1985 in the Council Chamber at 7 :30 p.m. for the purpose of: Consideration of a Vacation request, SAV #85-02, by Arnold M. Kuhnly, to vacate the 7 foot drainage and utility easement on the North side of Lot 14 and the South 2 feet front and rear of Lot 15, Block 1 , Rice Creek Terrace Plat 4, in order to install a driveway and erect a garage on the rear of the lot for 6747 Washington Street N.E. , all in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Any and all persons desiring to be heard shall be given an opportunity at the above state time and place. WILLIAM J. NEE MAYOR Publish: April 22, 1985 April 29, 1985 3A QC)UNC IFITING OF APRIL 15, 1985 MOTICN by'06uncilman Fitzpatrick to continue this hearing til Ma , 1985 meeting. Seconded by Councilman Schneider. Upon ice , all voting aye, Mayor Nee declared the motion carried o Ms. Susan Lentz stated in light of the al ti rding her, she stated she did not make any threats, but w m making her legal arguments before the Planning Ccumission. ed Council to disregard her core rents by the citizens about the RECESS; A recess led by Mayor Nee at 11:25 p.m. RECONV . Mayor Nee reconvened the meeting at 11 :40 p.m. All Council rs were present. B. MOTION by Councilman Schneider to set the public hearing on this vacation request for May 6, 1985. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriel unanimously. MOTION by Councilman Fitzpatrick to receive the minutes of the Planning Commission meeting of April 3 , 1985. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared e motion carried unanimously. 7 4. RE)CEMNG THE MINUTES OF ME CABLE TELEVISION ADVISORY COMMISSIC) MEETING OF MARCH 19, 1985: MO'T'ION by Councilman Barnette to receive the minutes of the evision Advisory Commisson meeting of March 19, 1985. Second Councilman Schneider. Upon a voice vote, all voting aye, Mayor N ared the motion carried unanimously. 5. E DEVELOPMENT MOTION by Councilman Fitzpatrick to with the recd endation of the Human Resources Commission for anges in allocation of Community Development Block Grant Funds. vended by Councilman Goodspeed. Upon a voice vote, all voting ay Mayor Nee declared themotion carried unanimously. 6. - E SPLITTING OF SPECIAL AUDITOR' SE E T MJTICN Gilman Schneider to adopt Resolution No. 3871985. Seconded by Cb Barnette. Upon a voice vote, all voting aye, l�yor Nee declared e mo on carried unanimously. -20- COUNCIL MEETI% OF APRIL 15, 1985 Councilman Schneider stated there has been a lot of discussio about th' being big business and big money and questioned has much mon is invol ed as far as the business aspect. Ms. Wright stated their budget is negotiated annually ith Anoka ounty. She stated the clients are responsible for room and and payme s. She stated the County contract is a public document and o n for peo to view. Ms. Hanson stated a line-item budget is included nd expens are broken down. Councilman Fitzpatrick stated the point he wa trying to e is a good many people think this is a business with 12 or e employee in a residential area. Mayor Nee stated he was sorry if any e got theimpression this was predetermined. He stated the Planning ission s reacting to what they believed to be the lata. He stated he n't think f anything worse than to tell a neighborhood they are without power and, s disturbed by a few who seen to think something was wired i . Councilman Barnette stated he is ery sensive to both the needs of the people requesting the special permit d very receptive to the people who elected then to serve as air Coun ' representative. He stated he didn't think Stateould be a dictator and nothing was predetermined. He felt e time w needed before making a decision on the request for a special us permit. Councilman Schneider ted he scussed this with many people and spent time trying to under and bo sides of the issue. He stated there are two very strong interph' osophie He stated he was elected to represent the people and has a f ing feel an intrusion from goverrnent. He stated, on the other side he f this is a very worthwhile program. He stated he visited Janus Ho and esn't believe there is a problem as some of the residents per ve, er, the fear is still there. He stated it is a tough issue pro res and policies in effect that allow this to happen should be ch ged. Councilm Fitz trick stated he agreed substantially with Councilman Barnette' ts. He stated a great deal of testimony was received and he is pre red at this time to make a final decision. Oounc' man odspeed stated he first wants to assure the people that when he oom to decision, it will be his conclusion and not that of the courts. He at he may agree with what the courts say or he may not. He stated he w' 1 responsible for his decision and without the threat of retaliation. ted he also visited Janus House and if the outcome of this special use t was predetermined, he certainly wouldn' t be spending time checking i o this further. He stated at this time he was not ready to make a final ci sion. -19- .D&L) r� THE MINLyM OF THE R�]GtII�1R MEETIW OF THE FRMUT QTY CXXIIKTL QF MAY 6, 1985 The Regular meeting of the Fridley City Council was called/nce :50 p. m. by Mayor Nee. PLEDGE OF ALLEJGTANCE Mayor Nee led the Council and audience in the Pledge of the Flag. HULL CAT-Ta MEMBERS PRESENT: Mayor Nee, Councilman Goodspeed, cilman Fitzpatrick and Councilman Sch de$ MEMBERS ABSENT: Councilman Barnette PBQUAMATTONSe VETERAN'S RIMY POPPY DAY - MAY 17, 19 Mayor Nee issued a proclamation proclaiming 17, 1985 Veteran' s Buddy Poppy Day and urged the citizens of Fridl to recognize e merits of this cause by contributing generously to its support through the purchase of Buddy Poppies. Members of the Fridley V.F.W. Pos 363 were present to receive the proclamation. Mayor Nee issued a proclamati proclaiming the week of lay 5 through 11, 1985 as Small Business Week. He asked that all Americans join in saluting small business men and w en by observing this week with appropriate activities. APP%ML OF N1INUI S: 1. COUNCIL MEET' 15, 1985* Councilman Schnei r requested the following paragraph be added on Page 3, after paragraph five: "Councilman Schneider question d the total land square footage of the proposed Community Options Facility. Mr. Flora stated it consisted f 11,000 square feet. " POTION by uncilman Fitzpatrick to approve the minutes with the above aQnendmen Seconded by Councilman Schneider. Upon a voicevote, all voting aye, Ma or Nee declared the motion carried unanimously. fII&II no AGENDA: TD�ate chneider requested the following item be added: Reconsideration Action on Rule 36 Residential Mental Health Fa 'l ity. -1- D2MEETING OF MAY 6 1985 MDTION by Councilman Schneider to a the agenda with the above addition. Seconded by Councilman Goodspe . Upon a voice vote, all voting aye, Mayor Nee declared the motion c ed unanimously. OPEN FORUM, VIS There was response frau the audience under this item of business. 2. PUBLIC HFARING ON A PROPOSM PRaJFCT AND THE ISSUANCE OF APP $750,000 INDUSTRIAL DEVELOPM= REVENUE BONDS - GERAL,D 7iotion MDTION by Councilman Fitzpatrick to waive the reading oaring notice and open the public hearing. Seconded by CounciUpon a voice vote, all voting aye, Mayor Nee declared ried unanimously and the public hearing opened at 8:02 p.m. Mr. Inman, City Clerk, stated this is a request by ,herald Paschke for the issuance of a $750,000 industrial development req�nue bond to construct a 30,000 square foot offioe/warehouse facility orythe east side of Main Street between 79th and 81st Avenues. X l' Mr. Inman stated it is proposed th annual payroll generated from construction of this facility would $700,000 and would add 30 new jobs in the City. He stated the facility 1' d also increase the taxable value of the land. He stated staff has rqviaaed the documents and would recommend approval. Councilman Goodspeed aske�d'how much industrial revenue bonds the City can issue this year. Mr. irifian stated the City can allocate approximately $8.1 million. He stated if" these bonds were issued, the balance would be about $2 million. He fur,ther stated he didn't feel the City would have a problem in increasing th4r allocation if there was a large project at the end of the year. ' jm perso in the audience spoke regarding this proposed bond issue.Oouncilman Schneider to close the public hearing. Seconded by lman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared carried unanimously and the public hearing closed at 8:05 p.m. 3. -02 VACATE A XW STREET N.E., BY ARNOLD M. KUHNLY; MDTION by Councilman Fitzpatrick to waive the reading of the public hearing notice and open the public hearing. Seconded by Oouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:05 p.m. Mr. Flora, Public Works Director, stated this is a request to vacate a -2- COUNCIL MEETIIW, OF MAY 6, 1985 drainage and utility easement on Washington Street between 7th Street and 68th Avenue. He stated the vacation is requested in order to construct a garage and install a driveway on the rear of the lot at 6747 Washington Street. Mr. Flora stated all the utility companies have been contacted and they have no problems with the vacation of this easement. Mr. Flora stated the Planning Commission recommended approval with three stipulations, as follows: (1) a drainage plan be coordinated with and approved by Engineering staff prior to the Council meeting (2) the neighbor to the north provide a letter agreeing to the reduced driveway setback and drainage plan; and (3) a new 10 foot drainage and uti ity easement be provided on the southerly ten feet of the lot. The petitioner, Mr. Kuhnly, presented a drainage plan and letter from the property owner to the north indicating he had no objection to the extension of the driveway or to the drainage. No person spoke regar 'ng this proposed vacation request. M TION by Councilman Goodspeed to close 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 closed at 8:09 p.m. MYPION by Oounclman Goodspeed to approve vacation request, SAV #85-02, with the stipulation that a new 10 foot drainage and utility easement be provided on the southerly ten feet of the lot. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS 4. RF)CEIVIW3 THE MINUTES OF THE CABLE TELEVISION ADVISORY OL'Irwyll MEETING OF APRIL 18, 1985: MOTION by Councilman Schneider to receivee minutes of the Cable Television Advisory Commission Meeting of pr i1 18, 1$85 . Seconded by Councilman Fitzpatrick. Upon a voices="vote, all voting aye, Mayor Nee declared the motion carried unanimo 5. ITEM FROM APPEALS COMMISSIO OF APRIL REQUEST FOR VARIANCE TO AL"Y A FREE IW- SIGN TO BE INGTASED FO)M 80 SQUARE FE TO 144 SQUARE EET. 480Q--'E-,9T RIVER ROAD, FMC CORPORATION BY RODNEY D. SBA;_ Mr. Flora, Vblort Director, stated the County has purchased property on which this cated and have asked FMC to reduce the size to 144 squa�9ed f He stated the existing sign is approximately 448 square feet. Mr. stated FMC is a unique manufacturing facility, partly owned and ope by the Navy and partly by FMC. He stated thi si directional sign d clarify FMC ownership and safely direct southbound traffic to the proper entrance. He stated the facility averages 120 visitors and 65 -3- COUNCIL MEETING OF MAY 6, 1985 contractors per day using the designated entrance and exiting off major road. W. Flora stated the County has agreed to keep the sig at the existing location, but wanted it reduced in size. Mr. Flora stated the Appeals Commission recommended approval of the variance. MDTION by Oouncilman Fitzpatrick to concur with the recommendation of the Appeals Omission and grant the variance to allow a free standing sign to be increased from 80 square feet to 144 square feet. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Myor Nee declared the motion carried unanimously. 6. ITEM FROM APPEALS COMMISSION MEETING OF APRIL 23 , 1985: REQUEST FOR VARIANCE TO REDUCE SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF A SECOND ACCESSORY BUILDING, 6800 QAKLE'Y STREET N.E..BY ROBERT ANDERSONJL Mr. Flora, Public Works Director, stated this is a request for a variance to reduce the side yard setback to allow construction of a second accessory building for property on the northwest corner of Oakley Street and 68th Avenue. Mr. Flora stated the petitioner requested a variance to reduce the side yard setback from the required 25 feet to 17-1/2 feet to construct a 24 by 26 foot detached garage, with a driveway exit on 68th Avenue. Mr. Flora stated the point was brought up that, with a setback of only 17-1/2 feet, a large car parked in the driveway would extend into the boulevard area or right-of-way. He stated the petitioner wished this setback of 17-1/2 feet in order to line up the new garage with his existing hone and also so he wouldn't have to lose another large tree. Mr. Flora stated the Appeals Commission recommended the variance be approved to reduce the setback to 20 feet, rather than 17-1/2 feet. Councilman Goodspeed stated there is a 15 foot boulevard on this street. He stated he felt it makes sense to locate the garage in line with the existing hone. He stated this is a residential street and didn't feel the road would ever be widened to full right of way width. W. Qureshi, City Manager, stated 68th avenue is designated as a State aid street and, if/built to these standards, it would be wider than it is now. He wanted th ' Council aware if they were to use State aid funds to improve 68th Avenue the road would have to meet State aid standards. He stated the present width is 30 feet and if it was improved, it would either have to be 36 or 44 /feet wide, depending if parking were allowed on one side or both sides of'the street. i' Mr. Anderson submitted a petition which he had circulated to adjoining neighbors across the street and behind his property. All of than indicated thgy had no objection. /kbTION by Councilman Schneider to receive the petition in favor of this /variance. Seconded by Councilman Fitzpatrick. Upon a voice vote, all - 4 - 6 ORDINANCE NO. 833 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does ordain as follows: SECTION 1 . For the vacation of a utility easement described as follows: the 5 foot drainage utility easement on the North side of Lot 14 and the South 2 feet of Lot 15, Block 1 , Rice Creek Terrace Plat 4. All lying in the North Half of Section 14 , 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 Code shall be so amended. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 3RD DAY OF JUNE , 1985. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK Public Hearing: May 6, 1985 First Reading: May 20, 1985 Second Reading: June 3, 1985 Publish: June 10, 1985 ['oo' CITY OF FMDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E., FRIDLEY, MINNESOTA 55432 PHONE (612) 571-3450 Arnold M. Kuhnly 6747 Washington Street N.E. CITY COUNCIL Fridley, MN 55432 ACTION TAKEN NOTICE On May 6, 1985 the Fridley City Council officially approved your request for the vaca ion of a 7 foot drainage & utility easement on the N side of Lot 14 and the S 2 feet of Lot 15, Blockice Creek Terrace Plat 4 . with the following stipulations: 1 . A new ten-foot drainage and utility easement to be provided on southerly 10 feet of lot. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely ?rG� %,, � JAMES L. ROBINSON PLANNING COORDINATOR JLR/de Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley. Concur with action taken. 6"75554 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS CITY OF FRIDLEY �. In the Matter of a Vacation request located on Lots 14 and 15, Block 1, Rice Creek Terrace Plat 4, VACATION the same being 6747 Washington-Street N.E. Arnold M. Kuhnly, 6747 Washington St,. Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 6th , day of May , 1985 , on a petition for a plat pursuant to the City of Fridley s Appendix C of the City Code, for the following described property: Vacate the 7 foot drainage and utility easement on the North side of Lot 14 and the South 2 feet of.Lot 15, Block 1, Rice Creek Terrace Plat 4, the same being 6747 Washington Street N.E. it is ordered that a vacation be granted as upon the following conditions or reasons: See City Council minutes of May 6, 1985. STATE OF MINNESOTA ) COUNTY OF ANOKA ,l ss. OFFICE OF THE CITY CLERK CITY OF FRIDLEY } I, Sidney C. Inman, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the y day of 193�a DRAFTED BY: City of Fridley 6431 University Ave. N.E. r ---�-�-- Fridley, MN 55432 SIDNE�I��CIN1A'N, CITY GLE'RK +(.SEAL OF MAY 6, 1985 L ODuncilman Schneider to adopt the agenda with the above addition. by ODuncilman Goodspeed. Upon a voice vote, all v ting aye, Mayor red the motion carried ta�animously.. There was response frcin the audience under this item of business. 2. MMCN by Oauncilman ' tzpatrick to waive the reading the public hearing notice and open the is hearing. Seconded by OD ilmar. Schneider. Upon a voice vote, all vote g aye, Mayor Nee declar d the motion carried unanimously and the publ i hearing opened at 8:0 p.m. Mr. Inman, City Clerk, state this is a requ by Gerald Paschke for the issuance of a $750,000 indust 'al develops revenue bon to construct a 30,000 square foot office/waren facil ' on the east de of Main Street between 79th and 81st Avenues. Mr. Inman stated it is proposed he annual payroll generated f rom construction of this facility wo $700,000 and would add 30 new jotz in the City. He stated the facili woul also increase thexable value of the land. He stated staff ha reviewed e documents and would recommend approval. Councilman Goodspeed as d haw much industr i revenue bo ds the City can issue this year. Mr. an stated the City ca allocate a roximately $8.1 million. He stated 'f these bonds were issued, a balance would be about $2 million. He f er stated he didn't feel th City wo 'd have a problem in increasing r allocation if there was a lar project at the end of the year. No persons n the audi e-noe spoke regarding this propo bond issue. MDTICN ODuncilman Schneider to close the public hear g. Seconded by (Jun lman Goodspeed. Upon a voice vote, all voting aye, or Nee declared th motion carried unanimously and the public hearing clo d at 8:05 p.m. 3. PMLIC HFAKNG ON mu MATTER OF VACATION REQUES 7. SAV # 5-02 TO VACATE DRAINAGE AND UTILITY EASEMENT, FOR ERECTION OF GARAGF„j 6747 WASHINGTON S"IREET N.E., BY ARNOLD M. FUHNL•Y: KMCN by ODuncilman Fitzpatrick to waive the reading of a public hearing notice and open the public hearing. Seconded by ODuncil Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the, motion carried unanimously and the public hearing opened at 8:05 pm. Mr. Flora, Public Works Director, stated this is a request to vacate a -2- OO[JNCIL DING OF MAY 6.-1 985 draim,ge and utility easement on Washington Street between 7th Street and 68th Avenue. He stated the vacation is requested in order to construct a garage and install a driveway on the rear of the lot at 6747 Washington Street. i4r. Flora stated all the utility companies have been contacted and they have no problems with the vacation of this easement. Mr. Flora stated the Planning Commission recommended approval with three stipulations, as follows: (1) a drainage plan be coordinated with and approved by Engineering staff prior to the Council meeting; (2) the neighbor to the north provide a letter agreeing to the reduced driveway setback and drainage plan; and (3) a new 10 foot drainage and utility easement be provided on the southerly ten feet of the lot. The petitioner, Mr. Kuhnly, presented a drainage plan and a letter from the property owner to the north indicating he had no objection to the extension of the driveway or to the drainage. No person spoke regarding this proposed vacation request. MDTICN by Councilman Goodspeed to close the public hearing. Seconded by Oouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:09 p.m. MOTION by Oounclman Goodspeed to approve vacation request, SAV #85-02, with the stipulation that a new 10 foot drainage and utility easement be provided on the southerly ten feet of the lot. Seconded by Oouncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. BUSINESS 4. THE MINTES OF THF OGLE TELEVISION AWISORY -,.qTr)N M=ING OF APRIL MOTION by Gilman Schneider to Xreceivemi.nutes of the Cable T � a�ision Ads ^ry �'�mmiss on Meet985 . Seconded by Councilman Fitz trick. Upon a vong aye, Mayor Nee declared the motio carried unanimousl 5. CO ITEM FROM NQ OF APRIL 9, 1985e REQUEST F'OR M 144 SQUARE FE 4800 RIVER ROAD, FMC CORPORATION BY RC)DNFY D. SYFDBB. Mr. Flora, Public Wor rector, ted the County has purchased property on which the sign i ocated and hav asked FMC to reduce the size to 144 square feet. He ted the existing is approximately 448 square feet. Mr. Flora stat FMC is a unique manufa ing facility, partly owned and operated by e Navy and partly by FMC. stated this directional sign would clari EMC ownership and safely dir southbound traffic to the proper entrance. He stated the facility averages 120 visitors and 65 -3- t': } co � C=D o rj cP cnCD O o I�eco ' Z C) -» Z -0 C 0 a Z °C (� C , CD � d A C Q n�►i"t1 Iz r �r �c n 0 N 1 l7 77 CD c CD C° y c z CD Q CD Q a -z-•1 � < � AL= - o CD -' rn �. 0 n Z CL a a