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SAV86-05 CITY of FRIDLEY REZONING REQUEST ZOA # 6431 UNIVERSITY AV,E. N.E. 6 Ir FRIDLEY, MN 5543 EQUEST SAV # 156-65 (612)571-3450 — PLATTING REQUEST P.S. # REQUEST FEE _ /50 PARK FEE I RECEIPT # ` d SMECULED PLANNING COMMISSION MEETING DATE I/Zq SMEDULED CITY COUNCIL METING DATE PROPERTY INFORMATION PROPERTY ADrfl?Ess 10 /�`�_ y;! f V C LEGAL DESCRIPTION: LOT 3Z BLOCK TRACT/ADDITION U 7-0,eS FRESE ,T ZONING REQUESTED ZONING REASC14 FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. ************************************************************************************ OWNER INFORMATION NAME (please print) �7WX7-/n/ IVI 5Z i SSE'. PHONE # S - 03 7 ADDRESS 'Al� SIGNATURE LATE PETITIONER INFORMATION NAME (please print)/'/-�7ACTi^/ PHONE # S- 3 ADDRESS SIGNATURE DATE PLANNING CDMISSION APPRCVED DENIED DATE CITY COUNCIL: APPRC VM DENIED DATE STIPULATIONS: -- The petitioner hereby understands that: 1. The City wil.i notify all residents and owners of property within 350 feet (rezoning) or within 300 feet (platting) of said property. 2. This application must by sided by all owners of the property, or an explanation given wily this is not the case. 3. Responsibility for any defect in the proceedings resulting frcm 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 di rection Location of proposed structure, and front and rear setbacks. Landscaping if appl icabl e Street names Locatiun and use of adjacent existing buildings within 350 feet. sola-Quit Clam Deed. Form No. 28 Indlyidual to Corporation. Walter S Bo/ottWh�&Son,M,nneepolis SAV #86-05 Ji'Ar-11 ta Unifo�r�Cjgp Tanks Thio 3nbenturoludu thiaMart�tl.. ley.. flay of ... ..... ..... ........ betweenMichael ) &.T-We:�d....R..kla.g.en....Nusband...&_l�if,e.�.. . ..........P ... ,�..... ,1196£A� of J the County of..........Anoka ......Minnesota............................................................. . ......... ...................................................._.._.and State, of part..................of Uw fir•6t hurt, trnd...............................G.i.ty...of....Fridley............................................................................................... ...................................................................................-••..................._._......................................................................................................................................... a cur Oration ureter the lrttvs o" the ,Ytute o Minn.e.S.Q.iid................• p i 1................. .......................... lKrrty (,of the secOul part, gwjrer�" Nitntggetb, That the said part..............................of tht first part, in ewixideratiun of the ser.nt of Two-Hundred-Ninety- Four Dol:lara...and. RS, to.............................................................iff hand paid by the said party of the second part, the rereilit whereof is ltcreby uckrtou•led ed, do..................hereby Grant, Varmain, Qldtrlaini, and Conrc.y unto the said party of the scewid pert, its successors and assij ns, Forever, all the tract.........or txn•cel.........of land lyiuo and beim_ in the Corrrtti, of Anoka and 6tate of .4linncsota, described as follows to-reit: A street and utility easement described as follows: All that part of Lot 32, Revised Auditor's Subdivision No. 77 that lies within an arc with a 47 foot radius whose center point is located 19.5 feet south of the south line of said Lot 32, said center point also lying 50 feet east of the southerly extension of the west line of said Lot 32 All lying in the south half of Section 10, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. The City of Fridley hereby accepts this easement for street and utility purposes. STIPULATION: Marvin C. Brunse - City Clerk This easement is contingent upon approval NO STATE DEED and construction of SW&SS 4119 plans, and St. 1976-1 TAX REQUIRED Street Improvement Project plans. To ibabe anb to Jbolb the tame, 1'ugethcr with all the /tcrediturrtents ural uppurterulnues ltren- untu bclungin w it, anyte•ise appertaining, to the said party of the second part, its successors and assigns, Forever. 111 Tegtimonp Wbereof, The said purt... ,C-S.....of the first part ha... .:.E.......�.....hereunto set.......f!Y�l..�' hand-5 the tlur/ and Jrur /ir•.st uboce u7•itten. , r 6tate ofiinnegota, County of.........4/41o1C19...................... . � . Ae foregoing instrument was acknowledged before me this..f_.5. day of......���C.L....................... 19...?......., yAeF,� b., Michael J & Pamela R Hacten (Husband & ........ .........� (Name of n A e ........................................................... _.. OR !v ..e................ n.... ...... (Notary Public) Signature of Person TaZ--- lons Acknowled` ent) -------------- Notary Seal or Stamp: CLYDE Ll LL4 .. V. MORAVETZ..... ..................................................R. an..k..)............................................ (Title or - ' NOTAR) PUd(.IC- MINNESOTA ANOKACOUNTY ...... ...................................................................................................... Mr Commission Expires oft.20,1580 i I I I • I 6A raw-] CITYOF FRIOLEY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 September 10 , 1986 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a Vacation, SAV #86-05 , by Martin Nisley Sr. , to vacate part of a street and utility easement lying in Lot 32 , Revised Auditor' s Subdivision No. 77 (71 1/2 Way cul-de-sac) . Ease- ment was acquired April 15 , 1976 and recorded at Anoka County as Document No. 443624 . Anyone who wishes to be heard shall be given the opportunity at the Planning Commission meeting on Wednesday, September 24 , 1986 at 7 : 30 p.m. in the Council Chamber of City Hall at 6431 University Avenue N.E. STEVE BILLINGS CHAIRMAN PLANNING COMMISSION ,48.79 l84 SAV05 6 A 2 ,1 Rio Marti . �Iisley r J J c /3 �' 14s •O 211 Z ( 7 w 219 J 6 �ti +� ��s) Com) 40 LO (fid� o lyl 79 S9 7 6 0`' USS se0 <�> /� ,2�_ •' L 0 GAN , ,Z P WY. 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S � 4 �50� /5a� b �'� I •� stir•'•' I�yF„y—:_. y�r' " ,/ r 377 a7 1 o NAl I ^ I,,� IZ ~' i. .G•v/M1/�.0./!r/71 �A Y 9S®,fO r , 6 ° ■ w r f; ' ' ". 0.3 °4 lF�� �ic.-:Y . ..;� � 1 3) 376.8 �•, W ,,u') ( + .:. 4' �`' �� 8; i r• 111 •t 711J(3;� E ` 1 r a ?3 ,I� l S;' I I + �+�! > � +I (S�� M 6� '° � 4� • T1 T �.. WAY• m o 7; sr °n::r M1,,;e n\ ,�,. s•, gyp- 9./ s6 yS 31 RI PTR 0 KOOL • � s�.l, e;.� yr r qtr i : .. J '� ~ -"' NIC aY 3T R ACE O4,0) /f`Jy ° . jam) e ` �L> CLsl�l�y ��� Cud '� ;��� ., .gid' fI as!„ RIVE t,. - .r• Z ; 7- - 7s- 2>- eas �s soF "�,. ° .I' J '3 > p ----nom-/����"^---�� �1 S�� 1 ..L�...1 L.� � -{q�-� r-i ?,, C � � � rF_ I •� � ��) /� ]��7//�� ��M //���w •�.. `er'a,ph G Pi1�,o/e Bai�ff.�y, 7I' I•rV_d r�•r,11�7� I / 1 �1_ _— � � �� I I� 9-' R.• �i�'�1,1��'1 � 'l'•� I ° l i7 d.ST' r �- Planning 9/10/86 6B MAILING LIST Council 10/3/86 SAV #86-05 Martin Nisley 105 - 71 1/2 Way Gary and Tom Obrycki John M. Kehner 6267 Kerry Lane N.E. 7129 Ashton Ave. N.E. Fridley, MN 55432 Fridley, MN 55432 Martin Nisley Arthur C. Hoff 105 - 71 1/2 Way N.E. 100 Alden Circle N.E. Fridley, MN 55432 Fridley, MN 55432 Fredrick Severni barrel D. Madsen 205 Oneida St, 7819 University Ave. N.E St. Paul, TV 55102 Fridley, MN 55432 John J. Snider John A. Dady 81 Alden Circle N.E. 7165 East River Road Fridley, MN 55432 Fridley, MN 55432 Jon H. Kroger Edward J. Stellick 61 Alden Circle 7181 East River Rd. Fridley, TAI 55432 Fridley, MN 55432 Richard M. Helton Community Credit Co. 60 Alden Circle N.E. 310115 - 69th St. Fridley, MN 55432 Edina, MN 55435 Alfred E. Latour School District No. 14 80 Alden Circle N.E. 6000 West Moore Lake Drive Fridley, MN 55432 Fridley, nN 55432 Richard L. Smallwood 7180 East River Road N.E. Fridley, MN 55432 Larry 1. Clanton 7210 East River Road N.E. Fridley, bw' 55432 Barbara T. Friedhoff 7155 East River Road N.E. Fridley, NN 55432 Steven B. O'Quinn 7135 East River Road N.E. Fridley, MN 55432 • � 6K CITY OF FRIII.EY VACATION MUEST NOTICE Date: 9/10/86 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV # 86-05 , to yaC,atP Tart of a street and utj 1 i t�Z Pa-c;PmPnt lWi ng in T.nt '12 , Revised Auditor' s Subdivision No . 77 (71 1/2 Way cul-de-sac) . Easement was acquired April 15 , 1976 and recorded at Anoka County as Document No. 443624 . Please indicate whether or not you have a problem with this vacation request. i� The utility oompany has no problem with this request. A)&-, �W .Q a e A 9-i--19b T Signed Company Date The utility company dc>es have a problem with this request for the f of low ing reasons: Signed Company Date S r O r •r M `•rd, �� 7q 59 lip 3q 7 3?J, J' s~ PKWY. = W L Ta :1 OAN �- UJ Zs >14-4 130 1 too " Z' O Q •� - i. -- -• r .�. I 4 O 7231 1- W O '] P l , n7 Hcr 9Me _ Y 72m 72 9 ill r. 1 `4Vi • �. /are11S7 30 7 .-71S4 Crr t U1, ., .., 29 J RIVERWOOD 1 riz wood'3" ° EL EMEN TAR ��► . Q � •;.; W SCHOOL, .��. '7131vla MA NORTI sz - . 7119 � Ali rc� REVISED �1. d, lino 27 E. '/ - •7049' 7049 R/V E/giY000 MA NOR ~: ' ' NICK R Y Ot 1� MAR ) NS 3 1 2 a .� /fir,. l0 i • 7tb� , , i�� ib8 158 10, 13` /24 " TERRACE ice} 't 904z, . A UD/ TO R-5 26 rr,... 1 JW 4L - sT 1. 1o4s.�2�� V SUED/ V/S 0 fj i .1029 ' 641 , QTY OF FRJMEY 6 r VACATION REQUEST NOTICE Date: 9/10/86 Dear Utility CDmpany: The City of Fridley currently has a Vacation request, SAV t 86-05 , to yam= part of a street and Citi 1 i ty easement_ lying in T nt 2 l Revised Auditor' s Subdivision No . 77 (71 1/2 Way cul-de-sac) . Easement was acquired April 15 , 1976 and recorded at Anoka County as Document No. 443624 . Please indicate whether or not you have a problem with this vacation request. / Mie utility company has no problem with this request. Signed Company The utility company does have a problem with this request for the following reasons: Signed Company Date '� 3�q .. �' ` �. i _'--�L7r� 4 i � � �iA� .. fie• �q • ,� 3�� � R_ � s p •.� a .. PKWY. - W L O GAN 7 w 17t /5g I*4 /30 lI� loo 80 a 117I Al .`7� / �, ...• r a /2.S ALIEN vC1ACLE r 2 7/6 2,1 Me 33? 7/62. • ` '• til /Io u 111.r7 30 7154 cr. 7M ( R�IEF14- : 71�s 29R171 IN VERWOOD ~ rig EL EMEN TARP Q Wood ' lits •1.;# W ��; ?8 SCHOOL. « �3c I MA IVOR'715z- 7//9 W 7�il. REVISED IIS !oi ��is" ..•'. �1. 7130 't r . 27 4 1��� - ' .,. � • OD MA .~~�� .►�t � .,. - Y zoE 11°dM�A R l� N'S R1 V_ RIl�O MACK R ✓ 156 10 isc TERRACE 104 A UDI TORS 26 T SUED/ V/S ON r 79' 01. ?Air- I.-_ ` 29 Q , 10 6H QTY OF FR=LEY VACATION REQUEST NOTICE Date: 9/10/86 Dear Utility Company: The City of Fridley currently has a Vacation request, SAV # 86-05 , to -vac-ate part of a strPpj- and ntj 1 i tW PaGPment ling in T.nt 12 Revised Auditor' s Subdivision No. 77 (71 1/2 Way cul-de-sac) . Easement was acquired April 15 , 1976 and recorded at Anoka County as Document No. 443624 . Please indicate whether or not you have a problem with this vacation request. _k� rZe i.ttility oompany has no problem with this request. Si 6d Company The utility company does have a problem with this request for the tdT� ,reasons: u _ Signed Company Date 3�Q �J : 3q i reg q 7 R s pe 0 L O GAN .� : ��:• PKWY. �. = W L z W 2 172- /sg /.f4 /30 ` I fr �, o Q _ / loo 8o to ¢p 723t tr Q l .� 1��lq N/ NS 7t/o j �'7 /,/ �' �: ALIEN ���c�E T_ 35 _ 7 i � /gyp �/ r, •."� � lila IIA7 30 '7/61 v . :•:' cr ,r W �/ I'' l,• . IY+oS:/...BGG INN • 29 71 Ri��� . R1 RIVE ak. .. ., 01A !wowood , ,� ' la W SCHOOL « 7 3 i,VANOR-1Isz 6 _ o W 71.�� REVISED 1l� p 101 27 7/Oq c1, n• 713 a. Y , 171 V ,.l• ps. rte. r • . Nf• sti.rr.`4s..t '0� �t 4 ` 1# I' N S R!V_`-RWOOD MANOR z � HICK RY lot 3 �l MAR I .r _ /0 i ' 71i� _ TERRACE l� lIo 148 Isa +� roc it4 ._ ' 7142, _ AUDITORS 26 , I 7o4s.2C`'�� V S N y ' ..♦ :s SUED/ V/S O .. w..,, a, � - Fj 41 � N49. 77 � T 029 • � � L I _ �• ' ria-w COMNSSION APPLICATION REVIEW Department Number pile Date Meeting Date CITYOF Planning 62 9/9/86 9/24/86 FRIDLEY File Address/Description SAV #86-05 COMPLETE REV EW CHECKLIST Martin Nisley, Sr. 105 - 71 1/2 Way N.E. RETURN T PLANNING BDARYL COMMENTS TQ,l ole i �' V A V- # (o-d-'7 w k,c h pYO B S S G1 D�l�j e s e ii 3 EBBIE ` JIM 1/ Ac�q' ,� C-C- 4Y In) 6 /A) 467- 3z i cies C wo�D D E B e 1 V E 'N L Oil DJOHN DEBBIE PDARREL DEBBIE [?CLYDE DEBBIE []MARK 1.1 DEBBIE` LEON /G 4�=/'oT"` Il�fiL f�i Vi Sipes / S /7rc DEBBIE M BE ones. _ /.� .///�►'r'r'r'�•r INC / Wilt noun Wilt ' ►►t�► II�=•0I rrrr Inialll■. / / MIT 11060000 am . IIEll a so's all 1111 '. • . / � / 111► ,l.! Ar AV 0 PAN cif �' .� �� �: --++�� ►ttr� WONIN .► , ,m► ©woo��}� to 10 ts GIRL • 4 , Few- no ® _ A0 . iii. ,� ;�n►;,�r.� I�ir 1 1 l� ®. 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NIo•53�= I �- L ICY; .• '"� ^� 1f it y 1• �'Jt ►'��` / Y W NO^i."�,' I a a ,�r/,cp f! L pll l tj C\4 - a cs t -f ' �v r rl zk "A G �L. jt 7•/a?.�sjlN �7 qD i�lc�/4 pJ NOW I ra+. . �' ' �► N •1 V W J= 00 _ or ee � I r§i pt,[[ti rf for I I .,v^ I I �.Of.1,r.r v I N si ol/ � � 3 pI O fi I� soi.x.►N � $ $ f��O i!J!1/ MthON � R •• Io 9..01.30.PN Ivit 9s.0/.DN h S��•�?�!�_iv I I I H/ M/NON �. I '/vNy�. '_ T r�J N I I � � I Z (`• s i d 9- Lam—_ PL'sF r.^ I 00 oe, �^ � N '•��.� \\ �9� � Y I �'_:' IN y '4 al•v +� ffl' ^ �-'''' W., r o, 14 c. N o`► �� k `' <, yr is'+'S:i kj =� � - I i � ` ; '' ' � 0 • PLANNING COMMISSION MEETING, SEPTEMBER 24, 1986 _ PAGE 12 MOTION BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION, SAV #86-05, BY MARTIN NISLEY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would go to the City Council on October 20 for a public hearing. 7. REVIEW OF A SPECIAL USE PERMIT, SP #84-18, BY LEWIS FARM, AT 157 RIVER EDGE WAY N.E. Mr. Robinson stated this special use permit was granted in October, 1984 to allow a .second accessory building to be used for a workshop. He stated staff has inspected this structure and Mrs. Farr stilted they have not received any complaints. Mr. Robinson stated it is staff's belief that the s c ial use permit is being used in the spirit intended. �� MOTION BY MS. SHEREK, SECONDED BY MR. SABA, TO' RECEIVE THE STAFF'S REPORT REGARDING SP #84-18. / UPON A VOICE VOTE, ALL VOTING AYE, CHAI PERSON BILLINGS,, DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. RECEIVE ENERGY PROJECT COMMITTEE MI: TES OF AUGUST 13, 1986: MOTION BY MR. SABA, SECONDED ;/AUGUST MS. SHEREK, TO RECEIVE ,THE MINUTES OF THE ENERGY PROJECT COMMITTEE 13, 1986. UPON A VOICE VOTE, ALL VOT1G AYE , CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUS 9. RECEIVE HUMAN RESOURCES COMMISSION MINUTES OF AUGUST 14, 1986: (See Motion or. Pages 6 and 7) : MOTION BY MS. SHE)tEK, SECONDED BY MR. SABA, TO RECEIVEITHE MINUTES OF THE HUMAN RESOUI�CES COMMISSION OF AUGUST 14, 1986. Ms. Sherek st ted in reference to the item on Pages 6 And 7 , it is to inform t Commission regarding the Anoka County Mediation Project. UPON A VO CE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION RRIED UNANIMOUSLY. L0. RECEI HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF AUGUST 14 1986: MOT ON BY MR. BETZOLD, SECONDED BY MS. SHEREK, TO RECEIVE THE MINUTES 0 THE HOUSING & REDEVELOPMENT AUTHORITY OF AUGUST 14, 1986. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, SEPTEMBER _24, 1986 PAGE 11 Mr. Robinson stated this proposal is to split Lot 7, Block 2, Moore Lake Hills into two separate parcels. He stated the property'is located between Woody Lane and Old Central. He stated staff s recommending approval of the lot split with four stipulations as f lows : (1) new structure to meet City Code for front yard setback a erage, 61 feet plus or minus six feet; (2) fence and shed to b relocated prior to recording; (3) park fee of $750 required with bu' ding permit; and (4) lot split to be recorded at County within six onths of Council approval. MOTION BY MR. BETZOLD, SECONDED Y MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT L.S. #86-06, WITH THE FOLLOWING STIPULATIONS : 1. New structure to me City Code for front yard setback average, 61 feet plus or m' us six feet. 2. Fence and shed o be relocated prior to recording. 3. Park fee of $750 required with building permit. 4. Lot spl' to be recorded at County within six months of Council approv 1. UPON A OICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTIO CARRIED UNANIMOUSLY. C irperson Billings stated this item would go to the City Council on ctober 6, 1986. 6. CONSIDERATION OF A VACATION, SAV $86-05, BY MARTIN NISLEY: Vacate part of a street and utility easement lying in Lot 32, Revised Auditor's Subdivision No. 77 (71 1/2 Way cul-de-sac) . Easement was acquired April 15, 1976 and recorded at Anoka County as Document No. 443624. Mr . Robinson stated this is a request to vacate part of a street and utility easement lying in Lot 32, Revised Auditor's Subdivision No. 77 (71 1/2 Way cul-de-sac) . He stated notices of this proposed vac- ation were sent to the utility companies. Mr. Robinson stated Northwestern Bell has a buried cable, but believed it was in the street and not the cul-de-sac area. Mr. Billings stated he believed the telephone company's cable was across the street and wouldn't be affected by this vacation. He stated if it is a problem, the City should retain a utility easement and this should be verified before the City Council meeting. Mr. Robinson stated that the long range plan is to develop this property into three single family lots. The area being vacated has already had the hard surfacing removed and is sodded. 1 THE MINUrES__OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL F OCTOBER 20, 1986 The Regular Meeting of the Fridley City Council was called to order at 7: 32 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE• Mayor Nee led the Council and audience in the Pledge ofle ance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Oouncilman Barnette, (buncilman Schneider, Councilman Fitzpatrick and Councilman Goodspeed MEMBERS ABSENT: None APPROVAL OF MINUTES:_ COUNCIL JEETING, OCM13ER 6, 1986: MOTION by Councilman Schneide//r to approve the minut s as presented. Seconded by Obuncilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: The following item were added to the agenda : (16) Consideration of Entering into Con racts with Subterranean Engineering and Ernst and Associates on Behalf of the HRA; and (17) Discussion and Determination of Future Action Relative to Darrel Farr's Vacation Request. MOTION by Councilman Fitzpatrick to adopt the agenda with the above additions. Seconded by OJuncilman Schneider. Upon a voi4m vote, all voting aye, Mayo Nee declared the motion carried unanimously. EN RUM VISITORS: There was no response frau the audience under this item o business. PUBLIC HEARINGS• 1. CONSIDERATION OF A VACATION REQUEST, SAV #86-05, TO VACATE PART OFA STREET AND LITILM EASEMENTLYING IN LOT 32, REVISED AUDITOR'S SIVISION NO (71-1/2 VAY CUL-DE-SAC) , BY MARTIN NISLEY: MDTION by OJuncilman Fitzpatrick to waive the reading of e public hearing notice and open the public hearing. Seoonded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared th{' motion carried unanimously and the public hearing opened at 7:37 p.m. -1- ODUNCIL MEETING OF OCPOBE2 24 1986 Mr. Robertson, Community Development Director, stated this is a request to vacate part of a street and utility easement. He stated it has been verified there will not be any utility easements in the vacated portion as Northwestern Bell's easement will be located in the new portion and is not affected. Zhere was no response from the audience regarding this proposed vacation request. MDTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 7:39 p.m. OLD BUSINESS: 2. CONSIDERATION OF LANDSCAPE PLAN FOR APACHE CAMPING CENTER: Mr. Robertson, Community Development Director, stated there was a landscaping plan for this business when the original special use permit was issued. He stated due to frequent problems and non-compliance, a new landscaping plan has been devised. He stated staff met with the owner, Mr. Pawleski and his legal counsel to devise the new plan. Copies of the plan were sent to Mary Martin. The only outstanding question Xs if the barbed wire should be removed on the chain-link fence. He staged this barbed wire is out of reach and is interpreted as being used for security purposes and is, therefore, permitted in the Code. He stated Mary Martin made a request that there should also be a six foot moveable fence. Mr. Robertson stated staff is not recommending the fence and felt � landscaping plan includes elements that are adequate and consisten with the directions of the Council. Councilman Fitzpatrick stated in the stipulations of the original special use permit, there was a requirement for screening. He stated he felt this is the reason why Ms. Martin suggested the fence. Mr. Robertson stated staff f s the trees and fence vines on 77th Avenue will provide adequate scree 'ng of the rear of the property. Councilman Fitzpatrick stated Russian olive trees were originally there, but this didn' t work because moving the trailers eventually trampled the plantings. He stated another alternative may be to place the trailers in such a way to screen what is behind then. Ms. Mary Marti , 133 Stonybrook Way, stated she is not hung up with the idea of a fence, butte storage portion of the lot should be screened. She stated one of the reasons why the special use permit was granted was because the back part of the lot was screened at that time. She stated a permanent screeni with some kind of greenery is apparently not what Apache Camping Center ants as they couldn't move their trailers. She stated she suggested a cr tive fence that would be moveable to screen the area. Ms. Martin sta d all she wants is compliance with the stipulations of the special use it. She stated when this permit was issued, Apache Camping Center was -2- COUNUL• FETING OFOVFMBER 3. 1986 is not going to address it, this is probably the best that can be accomplished. She questioned where the trailer would be placed in the winter. Mr. P3welski stated the trailer is now parallel to the st t and staff has requested it be moved further south. lie stated he woujA like to leave it where it is now located for the winter months and then mcAre it farther south in the summer months. Mayor Nee asked Ms. Martin if she wanted the tr 'ler moved farther south to screen off the other trailers. Ms. Martin stated when Apache Camping Center moved on this site, there were trees to screen the back lot. She stated she suggested a fence, but staff did not want a fence. She felt to leave the trailer where it is for the winter is not a compromise. (buncilman Fitzpatrick stated he original intent was o screen outside storage. He stated ;heatten d a meeting with staff and . Martin and felt there is an agreemenith a landscaping plan, but Ms. rtin feels there should be screening front and south of the building. He stated to bring the property icanpliance with the intent of a stipulations on the special use pet, he would request the owner to execute the landscapin/an eed upon. Cbuncilman Fitzpatrick stated he would still like to ses displayed in front and to the sout in such a way to screen theind. He also felt it would be benef ficial to store the taller unito the back of the lot. MDTION by Fitzpatrick to direct the following actions be taken relative to Apache Camping Center's property: (1) execu a the agreed upon landscaping plan by December 1, 1986; (2) the trailer units for display be placed in such a way as to screen outside storage behind it and an attempt be ade to have the taller units farther back on the lot ; and (3) a pqrformance bond of $10,000 be provided by November 1.5, 1986 to insure �Omplianoe. Seconded by Councilman Goodspeed. Upon a voice vote, all 'voting aye, Mayor Nee declared the motion carried unanimously. 3. CONSIDERATION OF FIRST PIMIX OF AN 01MINANCE APPRMNQA VACATION RBDUEST, SAV #86-05. TO VACATE PART OF A ST= AND UTILITY EASEMENT LYING IN LOT 32, REVISED AUDITOR' S SUBDIVISON N0. 77 (71-1/2 WAY CUL-DE-SAC) , BY MAJRT_IN NISLEY: MDTION by Cbuncilman Fitzpatrick to waive the first rea 'ng and approve the ordinance upon first reading. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. WNSIDERAMON ZOA t86-04 , TO REZONE FROM C-3 (GENERAL SHOPPING C NT-EW— rR-1 OFFICE) ON PARM 2570, THE SAME BEIM 7692 VIRON MAD N.E. , BY WAYNE aamlE Mr. Robertson, Community Dev-ejDrMent Director, state this rezoning is I_--- -7- COUNCIL NOVEMBER 3. 1986 • requested in order to allow for a reduced setback requirement. He stated the petitioner has submitted a plan for an additional building of 6 ,400 square feet on this parcel and additional parking up to 39 spaces. Mr. Robertson stated, in conjunction with this rezoning, there are several variances which the Oouncil will also be considering this ening. Mr. Robertson stated the PlanningCommission recommended a roval o this pp f rezoning with eight stipulations which he outlined. Councilman Schneider asked if there would be future problems with two separate buildings on the same parcel. Mr. Herrick, City Attorney, stated a lot split would be necessary in the event the two buildings were ever to be sold to different owners. MDTION by Councilman Schneider to waive tht/ reading and approve the ordinance upon first reading. Further, the/following stipulations shall apply: (1) provide elevation with building/,facade material details for both existing and proposed buildings prior to second reading of the ordinance (materials to be brick or other material Approved by City) ; (2) provide a landscape plan for staff approval prioro second reading of the ordinance; (3) provide automatic lawn sprinklin,�plan for staff approval prior to building permit; (4) provide a storm ainage plan for staff approval prior to building permit; (5) provide site performance bond to cover site improvements prior to buildingit; (6) rezoning is contingent upon vacation of Viron Road; (7) rezo g s0 the approved plan only; and (8) petitioner to pay all costs associated with abandoning sewer line presently in Viron Road. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. N VACATION REQUEST, TE A 30 FOOT EASEMENT FOR PUBLIC ROAD PURPOSE (VIRON NORTH 213 FFEr, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHFAST QUARTER OF THE NORMWFST QUARTER AND THE NORTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER LYING EAST OF, AND ADJACENr TO T H 65, EXCEPT THE NORTH 33 FEET THEREOF (OSBORNE ROAD) AND SLBJECT TO RIGHTS AND OTHER EASEMENTS OF RECORD, GENERALLY LOCATED SOUTH OF OSBORNE ROAD AND EAST OF HIGHWAY 65 BY THE CITY OF FRIDLEY• Mr. Robertson, Community Development Director, stated this property is no longer needed because of the loopback of Viron Road. He stated the Planning Commission reviewed this request and recommended approval with the stipulations that the City retain a utility easement. Mr. Flora, Public Works Director, stated there is one correction in the ordinance nd in the last sentence of the first paragraph, 33 feet should be changed o 43 feet. He stated this would be corrected for the second reading f the ordinance. M3TION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Goodspeed. Upon a -8- 0 0 COUNCIL MEETIM OF NNEMBER 17, 1986 Mr. Flora stated the plan is submitted to various agencies. for comment and then is forwarded to the Water Resources Board which has the authority for approval. He stated once the Water Resources Board approves the plan, the plan is submitted back to the cities to adopt ordinanes to make it work. He stated he didn't know what other agencies would comment an didn't know the impact. He stated if the City states they don't support tie plan, he would assume the Water Resources Board wouldn't approve the plan, He stated only one has been approved so far so he didn't know what comme s or approval, or disapproval, means within the system. Mr. Herrick, City Attorney, stated he thinks the pur se of having a Watershed District is to provide authority to the gover ing body of that district to deal with problems that transcend municipal boundaries. He stated when the six cities involved agreed to organize and support this organization, some authority was given up over decisions that are made for the land within this district. He stated this probably Igs both pluses and minuses. He stated on the plus side, there is a group that has control over areas which supply the water that eventually runs through the district. He stated on the minus side, the Council gave up some of the authority you would have had, if the district hadn' t been organized. He stated the eventual decision is on the Water Resources Board and wa sure they would look at the plan and comments. He felt th�r'fact that some organizations may have negative comments doesn't necessarily mean the Water Resources Board would agree with those comments. a stated, at t is stage, it is conceivable sane project may be approv to which this Gouncil is opposed. Gouncilman Fitzpatrick questioned a taxing or assessin authority. Mr. Herrick stated he hasn' t looked at the Statute recently, but his understanding is the district h this authority. Councilman Fitzpatrick asked f the City has the right to delegate this authority. Mr. Herrick sta, ed the State Legislature authorized the enactment of the district. He stated he could supply Uie Council with a memo, after he research it further. Mr. Flora stated thelan is specific in that it refers to particular problems in watersh districts. He felt Councilman Fitz trick' s conerns are addressed in that the plan states that none of the Drojects could be accomplished in the City, without a joint powers agreemed. executed with the other parties i�olved, with the exception of Oak Glen Creek which is located entirely, in Fridley. He stated if this plan is aot approved, the Oounty would take over this task and come up with their arn plan. MJTION by Councilman Barnette to adept this resolution to approve the Six Cities Watershed Management Organization Plan. MAYOR NEE DECLARED THE NDTION FAILED FOR LACK OF A SEQ3ND. Mr. Flora stated the City has 60 days to comment and after this time, it proceeds to other agencies for review and comment. He stated all the reviews and comments are forwarded to the Water Resources Board so the plan co inues to be processed at this time. -13- OOUNCIL MEETIM OF NOVEMBER 17, 1486 Councilman Barnette asked what comments were received frau the other cities involved. Mr. Flora stated Columbia Heights didn' t support two of the projects, Hilltop and Blaine approved the plan, Coon Rapids had no comment, and Spring Lake Park was considering it this evening and understands that, basically, they would approve it. Councilman Goodspeed asked if it would be better to forwarrhe plan with negative comments. Mayor Nee felt the negative comments would be �true racil didn' t want the problems corrected and didn't feel it would bestatement. Councilman Schneider stated he didn't;�ink anyone disagreed with the problems to be resolved, but it is t -'process, and didn' t want to go on record approving it not knowing al a implications. Mr. Herrick stated the State egislature has stated that municipalities are not solving the surface w er problems and the watershed districts would be established and have authority to solve the problems. He felt if the Council didn't have any continents, the process would continue and, when the plan is received W the Water Resources Board, they will note the City had no comment andi obably would interpret that to mean the Council didn't have any negative and/or positive comments in terms of suggested amendments. He felt if the Council had a problem with individual items, they should comment on them, as well as add any other items they felt should be included. Councilman Fitzpatrick felt, at this point, it is not known if there is a "problem as there is so much detail involved in all the projects. 6. OrOINANC ENO. 870 APPROVIW,7 A VACATION RDOUESr, SAV #86-05, TO VACATE PART OF A STREET AND UTILITY EASEMENT LYING IN LOT 32 , REVISED AUDITOR' S SUBDIVISION NO 77 (71-1/2 WAY CUL-DE-SAC) , BY MARTIN NISLEY• MJTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 870 and adapt it on the second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. ORDINANCE NO. 871 RECODIFYING THE FRIDLEY CIY CODES CHAPTER 6 , ENTITLED "COMMISSIONS" BY AMENDIM SECTIONS 6.01 AND 6,03, BY DELETING-SECTION 6.0 AND RENUMBERING THE NEXT CONSECUTIVE NUMBER• MDTION by Councilman Schneider to waive dm-rea-ding of Ordinance No. 871 and adopt it on the second readin�And'"order publication. Seconded by Councilman Goodspeed. Upon-a-voioe vote, all voting aye, Mayor Nee declared the motion carried nim`ously. Councilman- Schneider stated he talked with Al Gabel of the Community /�// -14- (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 on Monday, October 20, 1986, in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Vacation re- quest, SAV #86-05, by Martin Nisley, Sr., to vacate part of a street and utility easement lyying in Lot 32,Revised Auditor's Sub- division No. 77 (71 1/2 Way cul- de-sac).Easement was acquired April 15, 1976 and recorded at Anoka County as Document No. 443fj24. Any}and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Oct.6&13,1986)-FRID I iI I (Official Publication) ORDINANCE NO.870 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 fol- lows: SECTION 1. For the vacation of a street and utility easement lying within Lot 32,Revised Auditor's Sub- division No.:77 (71 1/2 Way cul-de- sac). Said vacated easement is part of the easement acquired April 15, 1976 and recorded at Anoka County as Document No.443624. All lying in the South Half of Section 10,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 17TH DAY OF NO- VEMBER,1986 WILLIAM J.NEE Mayor ATTEST: SHIRLEY A.HAAPALA City Clerk Public Hearing:October 20,1986 First Reading:November 3,1986 Second Reading:November 17,1986 Publication:November 24,1986 (Nov.24, 1986)-FRID 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, October 20, 1986 in the Council Chamber at 7:30 p.m. for the purpose of: Consideration of a Vacation request, SAV #86-05, by Martin Nisley, Sr., tov� cate pa�-et a street and utility easement lying ,�in�Lot 32, Revised Auditor's Subdivision No. 77 (71 1/2 Way cul-de- sac) . April 15, 1976 and recorded at Anoka County as Document No. 443624. �f11D r� JS �I 0fqW �yjleT Any and all persons desiring to be heard shall be given an gpportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: October 6, 1986 October 13, 1986 ITYOF FRI CIDLEY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 PHONE(612)571-3450 CITY COUNCIL ACTION MNX-EN NOTICE Martin Nisley November 21, 1986 105 - 71 1/2 Way N.E. Fridley, PV 55432 On November 17, 1986 the Fridley City Council officially approved your request for a Vacation, SAV #86-05, to vacate part of a street and utility easement lying in Lot 32, Revised Auditor's Subdivision No. 77 (71 1/2 Way cul- de-sac). If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, CJames L. Robinson Planning Coordinator JLP/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Plannina Department by December 5, 1986_ Co ur with dqtloni to n I