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SAV75-03 CITY OF FItIDLEY MINNESOTA TYPE 01' REQUEST PLANNING AND ZONING FORM Rezoning Number �f JIW- 7S D Special Use ii Permit T Approval of APPLICANT'S SIGNATURE ��GN/i✓eN�;, N� y Preliminary P1 a Approval of Address 14p Final Plat Streets or Telephone Number 79,6 -2oa0 Alley Vacations X Other PROPERTY OI,v:NER'S SIGNATURE a141-u-- Address Telephone Number Street Location of Property ;s/ C?�j /46 St Legal Description of Property S Present Zoning Classification ,•/-� Existing Use of Property Proposed Zoning Classification, Special Use, or other request Vatz Describe briefly the Type of Use and Improvement Proposed Acreage of Property Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? a When? �'— What was requested Fee Enclosed$�10C-o Rec. No. Date Piled Date of blearing 1 eL.ATWI.G 4�Nt) ZOINING FORM PACE; 2 IM4 VvPdcroismed underatands that: (a) A list of all residents and c.vn.rs of pro- perty within 300 feet must be pttnched (; this application. (b) This application must be ufgn d by all owners of the property, or to e planatyton fjven why this to not the cooe. (c) Responsibility for any defect in the pro^ ceedingi resulting from the fnilure to l_rl;" the names aind add•recses of x:11 residentg . and property ownerb of property as th >rj ; feet of the property in question, bolo,,wo to the undersi3ned. 1?{ofdogtp an4 0:.)ners of Property within 300 feet:. FZRSONS ADDRESS a. A r,%Qtch of proposed property and structure must be dra%,n on the back of this foo or attachod, showing the following: 1 . North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of propsrty, propocc;i atructurra, and front and side ;etrbngIvg, 4. Street Names 5. Location End use of edjazcent eriptin� buildings (within 300 feet) . ThR undersigned hereby declares that all the facts and representations stated 1p thio application are true and correct. Q� (J e. SIGNAIURE_S�hk (APPLICANT) 4pprovcd Donied By the ;ovad of Gtppehhe Sub4act .to the Followin3 Condition,,: 1 dct� hppr'ovad Denied by the Planning Co=icaion on u5 r1' t Ito the P.ollo=ging Conditions: ate f,pproved Denied by the Council on gi4tsect to the pgllo��ing, Corn5itionas: Fara lv 100 V Q� d-�/.-Q y� O;u �/� � 4 �___._ MAILING LIST SAV #75-03, Machining, Inc. 140 Liberty Street N.E. Tri-County Builders , Inc. Minneapolis Gas Company / 7555 Van Buren Street N.E. c/o William Schram 1` Minneapolis, Mn 55432 733 Marquette Avenue Minneapolis Mn 55402 John L. Skol to S�� l .�tie.c�-tJ A42205-9+ten a N. rth a--Q. L. K. Rodman Minneapolis, Mn 55429 Northwestern Bell Telephone Co. 6540 Shingle Creek Parkway Stella M. Yahr Minneapolis , Mm 55432 187 Longfellow Street N.E. Fridley, Mn 55432 John L. Ranck Northern States Power Company Mr. & Mrs. Frank Zembal 4501 68th Avenue N.E. 161 Longfellow Street N.E. Minneapolis, Mn 55429 Fridley, Mn 55432 Mr. & Mrs. Michael Boyer 150 Longfellow Street N.E. Fridley, Mn 55432 Mr. & Mrs . Al Martinsen, Jr. Auto Frame Wheel Alignment 151 Longfellow Street N.E. Fridley, Mn 55432 Machining, Inc. 140 Liberty Street N.E. Fridley, Mn 55432 S & W. Realty 148 Liberty Street N.E. Fridley, Mn 55432 Henry & M. Wolff ET AL 3502 14th Avenue South Minneapolis, Mn 55407 Mr. & Mrs... LaVerne Linder 1495 Trollhagen Drive. Fridley, Mn 55421 Dennis Barker 180 Liberty Street N.E. Fridley, Mn 55432 Mr. & Mrs. William Super 190 Liberty Street N.E. Fridley, Mn 55432 March 21, 1961 i TO WHOM IT MAY CONCERN: 1 t This shall be a statement concerning a drive-way, right-of-way j for-Mr. John Hayes on Mr. Bernard R. Julkowski's land. Both parties shall sign this document accepting the fact that Mr. John Hayes shall have a minimum of 20 feet along the northeast border of Mr. Julkowski's land for access to the f present crossing over the railroad tracks which lead to the property on the east side of the tracks . ' S - i In order to do this, .Mr . Bernard R. Julkowski shall move his proposed building another 10 feet south, making a total of 45 feet set-back and 2 feet west, leaving a one foot side-yard on the west side of his property. This shall leave approximately 24 feet between said building and the northeast lot border. This right-of-way shall be in effect until such time as Liberty Street shall be continued straight across the railroad tracks which would then give Mr. Hayes access directly off his property onto Liberty Street. At that time, the right-of-way in question on Mr. Julkowski's property shall cease to exist. SIGNED: JOHN HAYES SIGNED: BERNARD R. JULKOWSKI WITNESS: xsp NORTHERN STATES POWER COMPANY 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 May 14, 1975 Mr Darrel Clark Community Development Adminstrator City of Fridley 6431 University Ave NE Fridley, Minnesota 55432 Dear Mr Clark I received the City of Fridley's notice of the prelimi- nary hearing on the request of Machining Inc., 140 Liberty Street NE, to vacate the alley in Block 5, Spring Brook Park Addition that lies between Ashton Avenue and the railroad tracks, to allow for an addition that will join two existing buildings. Northern States Power Company has no objection to this vacation provided we are granted a permanent easement for the retention of our facilities or are reimbursed for rerouting them. Thank you for your consideration in this matter. Sincerelyr 4' f $Toho Ranck mac• Municipal Services Representative North Division RIGHT OF WAY - Alley Vacation Northwestern Bell aL Q6a 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 May 21, 1975 Mr. Darrel Clark Community Development Administrator Fridley, Minnesota 55432 Dear Mr. Clark: ,In reply to your request, this is to inform you that the North- western Bell Telephone Company has no objection to the vacation of the alley in Block 5, Spring Brook Park Addition from Ashton Avenue to the railroad tracks. Present telephone plant is aerial cable attached to power company poles which will require a utility easement through Block 5. Also, if an eight foot roof to aerial cable clearance cannot be obtained when the addition is constructed by Machinery, Inc. , at 140 Liberty Street, a buried cable may have to be placed to meet the National Electrical Safety Code requirements. In this case an additional encasement would be needed and a reimbursement to Northwestern Bell will be required for labor and material. Engineering Manager t- FRIDLE" Y SAV #75-03 MACHINING, INC. 140 Liberty Street N.E. w° •°e w R. Z w — /4-4 711.9/9 P /,? ? 4 � h�•, J'',-''�'�<f�TL�E,�l7a< � Z 3 ¢ S � 7 g °` 0 1f 1113 14 16 l6 17.18 f9 20 h o 7 3 3e 30 30 ,7 L5. f 3a v STRE 3o I 2 1 2 8 Z 8 a2 '3.7�6 3S '39 31 3/30 ` a h •• r. de 3 3c�333131 A z9 7 `Zd 4 I i� ae 3c It 70,1 .. 3 ;2! Y Z 2 % Z S ZIS � a Z 3 ; 66 7P 9fo1/f213 �Q f4 B 16 17/g 20 z>21 23 0 E W STREET �.— i r a 3s , z'� 3 z ,� � , tr � 3 a . ., ., ,. • �til ' I o � s,zo / Z Ql 66 .7Pgr�o 2 / 2 3 z / , J � / P • �� /9 �/z2 Z3 V O Z 0 \ STREET 30 � 3c 3, . p 'f3z / 0 73• B 7z6�s 4 3 �O ! d' 0 30 ti ti . `g• /9 zo ., .. -• „ � � 4 30 .I is�a�t: LL S6 78 / We ...!"G,77.8'........ f�l`i 7� t:�. ! •� „ ,. ., ,. 30 59 .../ :............77 p \ v /ZB i /'2•B qo /.zA/.Z .r u �Q.SL ^' J gn J S 70 ko Z 3 /o •¢ h� �• •�. q 239.8 / Q �6 v 6 /7 L - X69 S9' 18 19 as a _j =w,..;• >a. _. . 4 x o a -? a Ya 7 ry +,•y ^n } n s -s a_ o °s _ t M La.d.(i+7.,.,�. '3Pmit a 3t.w1�..7 .9a1 '<.rA� •,. L' -....+ <5..- va '• "`7 Y'+'1 t3 T "'Y z r 1, , ,1rtT gT �y �l�-q {,"'(�) y-,"4 7, .� .�:�^d �"d S,;., `"1�,' �.C�.i.�.-�Y� s-� _.s�e hf e J� .:.a G>...r;�.. i :„ On r :ra:d'h �y�3l43�++°�ey�it nays,, Zile. frSa'r�•'"%ip•ri3�:t`��.�n.'1?y Nee. ��i.��.�«4� � •.Yw`ri�'l ..g no mays,, Ua he mot im carried u.laC�.iia.�Midu;31y O i . q araastate3 f' i:Mayor read the above to a .onv J.1l +gr:aM An . 7itAIA �xyyqpT. itGn 1Sipbyt `s� sJ...e�.i .`4J.;�,� �.•._i �:e'.:fes t,.1o� ld be expanded, MI-Otion by Wolka Sr?;°Ondad 3.-;�Y ILTee. Upon a voice vote, taxa votinj r, Toz}`°c c :-4 �=,�� c:w� a�•�:� �'a ? �M.s, ns�x�e � a173Yason abstained, Notion `,, (11FAP7YTO E T.. 7.y . C_ Relatives to the re UeSt t RU3Sell COO'X -for r Blc,:k 10, Plymoixdi Addition, to build 7.,11 foo"'.. ';'a asz Stated that Boa-rd o.f AppeaLa 'Aad Wat.416o'iI by lyor Ala' '+to follour the rat::omma '.Dation of n d d e3"a�`,d' ' A is v c3x i cam.nce reques a. seconds-d. - »;:;i a being no nays, the motim carried R wit boy' Hans Larsen :I:or a variance on WA. mals a�d�,'itione tRro La.::en hadrequested a 1 � r<.,quix..s=ezt on the above 1,00 Vhe Board Q.a. rwYc�vaaoion by izansono follow tie _%,,ard of 'Appeals, aro grant t7his variance 7w aa a loice, cee voyethere 1-1—t'ing no. nays, asgh fi .i•.*iw .1.: _.y1 .0,. .. .- .,. , t i or.O Yi�+'ilo�.i son i�n731.ed if M .. �i Ls,�:i�.a.*T�ski C'N`�::.►�.•LSif;�. ��+,'4�e ;a �� t.,. discussion on this mttury Ir. �Pxlkcwoki t;.�acm ntz �,z,4 "tucoo" or getter, fates! Priam , of the buildax�q . A':. mi•m to ggor.�va this building pemmit, provided th vs bul"Iding, bs stuccoed or batter. Seconded by ( ticsta., Chare being no nay3, the motipn carr-.{3dN��{��at�� I�r�c 1!w M /VY�n u^^ �jG x v rwt i1 C Gt a4 (C✓ ul�^N"t ( Uav rr c �i, vfL�c Zi✓� Kil-SOLUTWIN VTO. 1 1961 Al ' a G 1SSi' i OF RItE- ' B=S S VJ P:CC.ORD C s ay 1'13 TAI Z 1s;WS 011-1 ` :3'? `�' CITY OF FRIDLEY PLATS & SUBDIVISIONS- STREETS & UTILITIES SUBCOMMITTEE MEETING MAY 1.3, 1975 7:30 P.M. CALL TO ORDER: ROLL CALL: APPROVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE . MINUTES: JANUARY 15, 1975 1 . CONSIDERATION OF A VACATION REQUEST, SAV # 75-02, BY LOREN .SMERUD: Vacate 46th Avenue N. E. between 3rd clt,,`4t N.E. and University Avenue N.E. to allow the construction of a 24' x 24' addition. 2. CONSIDERATION OF A VACATION REQUEST: SAV tt75-03, MACHINING, INC. , 140 LIBERTY STREET N.E. : Vacate the alley in Block 5, Spring Brook Park Addition that .lies between Ashton Avenue and the railroad tracks, to allow for an addition that will join two existing buildings. Mr Darrel Clark Minnesota Gas Company has. no facilities within the above described areas, and does not object to their vacation. William Schram Real Estate Section May I2, 1975 . , -._ .. Plats & Subs.-Str. &' Util . Sub. Meeting - May 13, 1975 Page 2 as the required sideyard setback. ' !1r. Chrisensen asked how much money the property owners had spend in maintaining this property? He said he knew they had put in a lot of time, because this property Looked so nice. Mr. Archer said just fertilizer, water and some lilac bushes. Mr. Smerud said that in regard to the alley, she thought the alley was on the west side of the fence for the highway. Mr. Clark said it was. She said the children in the area climb the fence. Mr. Clark said there wasn't any access to the highway for 5 blocks. There was an access at 44th and 9th Avenues. Mr. Clark said they might want to designate a pedestrian crossing some time, but it would probably be at 47th as this was already a blacktopped area 4 Mr. Clark said that this cated street uld be added to the property they already own, but he didn' t think it woul make too ch difference in their taxes unless there was new curbing or street improve nts th were charged by the front footage of property. ; Mr. Christensen and Mr. French h mentioned the appearance of the street right of way. They said it looked like a o ded lot, and said the two property owners should s be commended. MOTION by Christensen, se onded by Fo ter, that the Plats & Subdivisions-Streets g & Utilities Subcommittee rec end to the Pi ping Commission approval of the request for a vacation,,SAV #75-02 by Loren. Smerud, t vacate 46th Avenue N.E. between 3rd Street and University Ave ue N.E. , to allow the onstruction of a 24 ft, x 24 ft. addition to a residence t 4603 3rd Street N.E. w, the following stipulations: 1. Retain the orm sewer easement over the Nor erly 20 feet of the South half of 46 Avenue N.E. being vacated. 2. Retain 12 foot utility easement in the extension of the alley between Blocks and 16, Plymouth Addition. UPON a voice v e, all voting aye, the motion unanimously. 2. CONSIDERATION OF A VACATION REQUES SAV 4#_75-03 ACHINING, INC. : Vacate the alley in Block 5, Spring Brook Park n, that lies between Ashton Avenue N. E. and the railroad tracks, to allow for an addition that will join two existing buildings at 140 Liberty Street N.E. Mr. & Mrs. Frank Schaul , co-owner of Machining, Inc. , were present. Mr. Clark said that alley was not being driven on, so it didn't have to be retained as an alley. We did send notices to all the property owners in Block 5, Spring Brook Park Addition, and .none of the n6ighbors are present to object. Mr. Fench said it seemed to him that they were all using the alleyas art of their yard or for a garden, when he checked the area. p Mr. Clark said there were utility easement in this alley. He said that he knew N.S.P. was using this easement, and probably the telephone company and cable T.V. He said that notices had been sent to the utility companies , and we have alreadyheard from N.S.P. that they want the easement retained. When Machining, Inc. join the two buildings- together, there will be a power line running over it. Mr. Clark said he would suggest that the Subcommittee recommend approval of this request, keep the 12 foot utility easement, and as far as the City was concerned, allow the encroachment of the structure into the easement. The petitioner will have to get written permission from the utility companies for this same encroachment and follow the stipulations th t f I Plats & Subs.-Str. & Util . Sub. Meeting - May 13, 1975 Page 3 may ask for such as maintaining proper clearance below the lines. —Mr. _C_lark said -there was -one--other -thing -be-wanted to bring--up, although it } really wasn't the concern of this Subcommittee, it would probably be the concern of the Council and that was that there was an occupancy across the tracks, a junk yard, that has been crossing over the tracks and onto the property of Machining, Inc. for access either to the south to Longfellow Street or to the north to Liberty Street. When this building on Libert Street was built in 1961 , there was an agreement drawn up between Mr. Julkowski , who owned the property at that time, and Mr. John Hayes of 136 Liberty Street for access through this property. Neither party signed the agreement, but there was verbal agreement. The agreement was that Mr. Hayes would have access through this property until the City extended Liberty Street. He said it was a problem to get street right of way across the railroad tracks because it had to go through the Railroad and Warehouse Commission, and this permission was - difficult to obtain. Mr. Schaul said they had no intention of block off the access. They would be blocking off the access to Longfellow with this addition, but Mr. Hayes would still have access ti Liberty Street. Mr. Clark said he had talked to the City Attorney, and he said that although the property owner across the tracks might not like it, he thought that one access would be all that had to be provided. t Mr. Forster asked if there was any other access for the property, other than through Machining, Inc. property. Mr. Clark said there was not. Mr. Clark said this really had nothing to do with the alley vacation, but he though Council should be aware of this before they authorize a building permit for this property. t F Mr. Schaul said they had never had a problem with Mr. Hayes. Mr. Clark said he would suggest that before they start construction on this addition, that they go over and talk to Mr. Hayes and explain what they were going to do. a Mr. Schaul said there was only 12 feet between their two buildings right not, and with the addition, these building would be joined, making it one complex. He said he has occasions when he has to send employees from one building to another, and in the winter this was a problem. When it was all one building, it would make it much more convenient. f MOTION by Forster, seconded by Christensen, that the Plats &.Subdivisions-Streets & Utilities Subcommittee recommend to the Planning Commission approval of the request for a vacation, SAV #75-03, Machining, Inc. , to vacate the alley from Ashton Avenue to the railroad tracks in Block 5, Spring Brook Park Addition, to allow an addition to be built to join two existing buildings at 140 Liberty Street N.E. with the following stipulations. 1. -Retain the 12 feet utility easement in the vacated alley. 2. City allow the encroachment of the building into the easement. 3. Petitioner get written permission from the utility companies and follow 'their stipulations for this encroachment. Upon a voice vote, all voting aye, the motion carried unanimouslyl. Mr. Christensen said his time had expired for serving on this Subcommittee and Plats. & Subs.-Str. & Util . Sub. Meetinq - May 13, 1975 Page 4 he had enjoyed it very much. He said it was good experience, but for personal - reasons, he wanted to give notice of his resignation from this Subcommittee and he-would not be -serving on any-other -C-ommission. Mr. French said his time had also expired, and he had been on this Subcommittee r four years and he really enjoyed it to. He said he knew this Subcommittee was not s going to be functioning much longer, and he thought he would like to be on another Commission. Mr. Clark asked both members to continue to serve on this Subcommittee until the reorganization was complete, which would probably be some time in July. He said he knew they weren.' t asked to meet very often, but there may be other business for them to take care of before that date. --ADJOURNMENT: r MOTION by Christensen, seconded by Forster, that the meeting be adjourned. Upon a voice vote, all voting aye, Acting Chairman French declared the Plats & Subdivisions- Streets & Utilities Subcommittee Meeting of May i3, 1975 adjourned at 8:30 P.M. 6 G 1` s Respectfully submitted, Dorothy EvJenson, Secretary f k 4 4t4 i t t l 6 777 Planning Commission Meeting - May 7,1975 Page 10 Mr. Drigans said that the Planning Commission would like to know the money being spent on various programs , not to give approval or disapproval of the money being spent, but just to use it for a yardstick to weigh against other recreational programs. Mr. Boardman said what the Planning Commission wanted to know was what recreational programs were being provided, and what facilities were being used for these programs. Mr. Drigans said they would want to determine if the amount spent on any program was justified by the participation of the residents of Fridley, or are tax dollars going for facilities for people who live outside the community. Mr. Drigans said they just want to review the budget in terms of participation. Mr. Boardman said they could leave Annual Reports out of the Parks & Recreation Commission and change Report to read the same as the Environmental Quality Commission. MOTION by Drigans, seconded by Lindblad, that the Planning Commission recommend to Council Exbibit B, as amended, and with the changes made in Exhibit B as discussed at this meeting. Upon a voice vote, all voting aye, the motion carried unanimously. Note: Exhibit B as presented to the Council for their May 12, 1975 Agenda included all the changes mentioned in the motion. 6. RECEIVE BIKEWAY PROPOSAL MOTION by Drigans, seconded by Lindblad, that the Planning Commission receive the Bikeway Proposal and have it put on their May 21, 1975 agenda for discussion. Upon a voice vote, all voting aye, the motion carried unanimously. 7. SET INFORMAL HEARING ON VACATION REQUEST, SAU #75-03, BY MACHINING, INC. : To vacate the alley between Ashton Avenue - BY tracks in Block 5, Spring Brook Park Addition. MOTION by Lindblad, seconded by Drigans, that the Planning Commission hold an informal hearing on a request for a vacation, SAV #75-03, by Machining, Inc. , on May 21, 1975, and that all affected property owners be notified of this hearing. Upon a voice vote, all voting aye, the motion carried unanimously. 8. SET DATE FOR WORKSHOP MEETING Mr. Boardman said that the Planning Commission usually had their workshop meeting the same night as the Public Hearing meeting of the Council . This would be May 12th. The Council will be having the Public Hearing on the Planning Commission reorganization on that date, and he thought as many members as possible from the Planning Commission should be at the Public Hearing. Mr. Harris said he agreed, and urged as many members as possible to come to this meeting. He said the workshop meeting could be changed to Wednesday, May 14th. Mr. Harris declared that the workshop meeting of the Planning Commission be held on the 14th of May at 7:30 P.M. ADJOURNMENT: i MOTION by Lindblad, seconded by Drigans, that the meeting be adjourned. Upon a voice vote, all voting- aye, Chairman Harris declared the Planning Commission meeting of May 7, 1975 adjourned at 11:22 P.M. Res ctively submi ted, orothy- ve on, ecreta y—' i Planning Commission Meeting - May 21 , 1975 Page 2 __ 1A the street being vacated, and for the 12 foot easement in the alley would have to be extended across the vacated street, because of the power lines in this easement. ; Mr. Harris asked the purpose of this vacation? Mr. Smerud said it would enable him to construct an addition to his home without asking for a variance, and as they were maintaining this property already, they would prefer to own it. Mr. Boardman et from the present property line, and Mr. said the proposed addition would be 8 fe Smerud was told to either ask for a variance or requst a vacation of the street, and p Mr. Smerud chose to ask for the vacation. Mr. Langenfeld said the adjacent property owners to this street had been main- taining it for the pr 8 years. Mr. Harris asked r. Archer, the other adjacent property how he felt owner, F about the vacation of t is street? Mr. Archer said he was in agreement to -having ; it vacated, and he had b6�n maintaining the property also. Mr. Drigans asked Mr. Smerud what he,was going to do with the existing garage? Mr. Smerud said he was going to tear it down. MOTION by Drigans, seconded by Me}ssner, that the Planning Commission recommend to Council approval of vacation request, SAV #75-02, by Loren Smerud, to vacate 46th Avenue N.E. between 3rd Street and University Avenue N.E. , to allow the construction of a 24' x 24' addition to 4603 3rd ;btreet N.E. with the following stipulations: 1. Retain the storm sewer ea8ement over the Northerly 20 feet of the South Half of 46th Avenue being vacated. 2. Retain a 12 foot utility easement in the extension of the alley between Block 9 and 16, Plymouth Addition. 3. The existing garage;/be town down when the addition with the tuck under garage is completed/. Mr. Smerud asked wha _'/problems he would have if this garage wasn't torn down at that time. Mr. BoardmOn said he would have to apply fora Special Use Permit for a second accessory b; �lding. Mr. Smerud said he didn't know about the restric- tions on a second acces ory building, so he would probably tear down the existing garage. Mr. Meissner aid this would not be such a rigid stipulation, that the very day the addition as completed, the garage had to come down, but he would have to comply within a r sonable time. Mr. Smerud said he would like to use the present garage for storage ile the second garage was being built. Mr. Meissner aid that if he decidedat a hen haveer toaatly foruse thethis Specgalage Usefor Permit. storage, and not ear it down, he would t PP UPON A VOICE VO E, all voting aye, the motion cared unanimously. 2. CONSIDERATION OF A VACATION REQUEST SAVDat MACHINING INC. : Vacate the alley in Block 5, Spring Brook Park lies between Ashton Avenue and the railroad tracks, to allow for an addition that will join two existing buildings , at 140 Liberty Street N.E. Mr. Frank Schaul , co-owner of Machining, Inc. , was present. Planning Commission Meeting - May 21 , 1975 Page 3_ ] B Mr. Boardman said that Machining, Inc. have a building on both the North i and South side of a 12 foot alley. They want to construct an addition that would join these two buildings into one complex, and in order to do this, they are request- ing that this alley be vacated. He said there were power lines in this alley, and what they want to do was to encroach on the utility easement and vacate the alley ! easement. Mr. Boardman said Darrel Clark had received a letter from Northern States r Power Company, which he presented to the Planning Commission. e if MOTION by Meissner, seconded by Drigans, that the Planning Commission receive the letter from Northern States Power Company dated May 14, 1975. Upon a voice vote, all voting aye, Chairman Harris read the letter as follows: I received the City of Fridley's notice of the preliminary hearing on the request of Machining, Inc. , 140 Spring Brook Park Addition I > Liberty Street N.E. , to vacate the alley in Block 5, Sp g jF that lies between Ashton Avenue and the railroad tracks, to allow an addition that IF ern States Power Company has no will join two existing buildings. Northobjection t for the retention of to this vacation, provided we are granted a permanent easemen our facilities or are reimbursed for rerouting them. Thank you for your consider-. ation in this matter, John L. Ranck, Municipal Services Representative, North , t€ Division." �! Mr. Boardman said that one of the stipulations of the Plats & Subdivisions- , Streets & Utilities Subcommittee was that in order for this building to be constructed, they would have to have written permission from the utility companies who are presently using this easement for their facilities. He said that the utility com- } panies would be placing stipulations on- the height of the building, and how far the roof of the building would have to be from the power lines , etc. << lines served? Mr. Schaul said they went Mr. Harris asked what these power ; across the railroad tracks to John Hayes property at 136 Liberty Street. Mr. Schaul said the power lines had just gone in last year, and he had given them permission to ; put the poles in. Mr. Meissner asked Mr. Schaul if he had talked to Northern States Power Company about the allowed height of the building, etc. Mr. Schaul said his partner had been talking to them. Mr. Boardman said that if _the utility easement was retained in this alley, and the petitioner gets written agreement from the utility companies using this easement on the encroachment, then the City couldn't see any problem with granting this vacation request. The City has no objection to the encroachment on the vacated alley. Mr.. Harris asked about Mr. Hayes having access through this property. He said there was an unsigned agreement in the agenda, which stated that there was verbal agreement, but that Mr. Hayes would not sign it, on access through this property to the crossing at the railroad tracks. Mr. Boardman said that at present, John Hayes has access from his property to both Longfellow and Liberty Street, on Machining, Inc. property, and with the proposed addition, he will only have access to Liberty Street. The original unsigned agreement only gave him access to Liberty Street. Mr. Meissner asked if John Hayes knew that his access would be cut off to Longfellow?fellow? Mr. Schaul said he didn' t think he knew this yet, but they had never had any trouble with Mr. Hayes. Mr. Schaul said that about three years ago, he did seek legal advice, and that this advice was that he could shut the access off to John Hayes anytime, which he said he had no intention of doing. His only concern was that as Mr. Hayes had been y Planning Commission Meeting - May 21 , 1975 Page 4 1C using this access for a number of years, he might claim the property as his, and Machining, Inc. didn' t want to give up any of their property, as they need every square foot that they have. Mr. Meissner said this easement for Mr. Hayes didn't enter into the vacation request of the alley, but it was something that would have to be considered. Mr. Harris said he thought this was something that would have to be resolved, because it was something that was sort of swept under the rug by the City for many years. He thought Machining, Inc. should have some type of written agreement on the access to Liberty Street. Mr. Schaul said he was not under obligation to provide this access. Mr. Meissner said he may have a problem with adverse possession, if some sort of agreement wasn' t worked out . Mr. Schaul said this what they worried - about. Mr. Harris said the Mr. Schaul said that Machining, Inc. got along fine with Mr. Hayes, but the next owner might wonder what Mr. Hayes was doing driving on this property. Mr. Boardman said that although this vacation request has nothing to & with the easement for Mr. Hayes, indirectly it does, because in granting this vacation to allow the construction of the addition, it will block Mr. Hayes access to Longfellow. He said the verbal agreement never covered an access to Longfellow, only to Liberty, but Mr. Hayes has been using both accesses. Mr. Harris said an agreement should be drawn up, and if Mr. Hayes won't sign it, as he refused to sign the first agreement, there wasn't anything that could change that, but he thought the effort should be made. Mr. Schaul said he thought Mr. Hayes would be fighting for another access, because he had seen him sitting at the tracks for an hour waiting for the train to move. Mr. Harris said that Mr. Hayes has his junk yard spread all over, and a lot of it was on other people' s property and in the street right of way. Mr. Boardman said that Steve Olson, the Environmental Officer for the City, had been working with Mr. Hayes, and he has been pulling a lot of the junk back onto his own property. Mr. Meissner said that Machining, Inc. could give Mr. Hayes permission to use this access unilaterally, but retain all rights for themselves, in an agreement. Mr. Meissner said that another question he had on this vacation involved a lot of people in this block, and without their written consent, he wouldn't be in favor of vacating any more than just the alley that was owned by the petitioner. Mr. Schaul said that was all he had requested. Mr. Meissner said he knew it was the practice of the City to vacate the entire alley, but he would still 'want written consent from the rest of the block, even though they had been notified of this request. Mr. Schaul said they only needed to vacate the alley between Lots 10-17, and Lots 32-37, for the construction of their addition. Mr. Harris said that before he could go along with vacating the entire alley, he would like to see some signatures of the affected property owners, that they were in agreement to the vacation. Mr. Boardman asked what the Planning Commission would do. .if all the signatures of the other property owners weren't obtained. Mr. Harris said then we would just vacate that portion of the alley that the petitioner requested. Mr. Boardman said that the administration felt it would be better to vacate the entire alley from Ashton Avenue to the railroad tracks, and that all those property owners had been notified of this request and had been asked to attend this meeting. A Planning Commission Meeting - May 21 , 1975 Page 5 1 D Mr. Harris said he agreed that .the entire alley should be vacated, but he still ' wouldn't vote to vacate the alley without signatures of property owners in this block. Mr. Boardman said that Tri-Co Builders had called the office and said they r had no objection to this vacation. They own some property on this block. Mr. Meissner said that as a member of the Plats & Subs. Subcommittee, it had always been their policy to vacate as many stub streets and undeveloped alleys as they could to get this property back on the tax rolls, not that these vacations i added that much to the tax rolls, but there was really no reason for the City to keep this property either. He said that when something was vacated, he still liked to have the property owners present to say that they will accept the property. He continued that 99 times out of 100, no one did object, but he would still like to know that the proper.ty owners agreed to the vacation. E MOTION by Meissner, seconded by Drigans, that the Planning Commission recommend to Council approval of the request for a vacation, SAV #75-03, by Machining, Inc. , to vacate the alley in Block 5, Spring Brook Park Addition, that lies between Ashton Avenue and the r.ilroad tracks, to allow the construction of an addition that will join two existing buildings at 140 Liberty Street N.E. , with the following stipu- lations: 1. Retain the 12 foot utility easement in the vacated alley.: . 2. City allow the encroachment of the building into the easement. i r 3. Petitioner get written permission from the utility companies, and follow their stipulations for this encroachment. i 4. That consent be obtained in some form, from all the other affected property owners along this alley, or failing that, that the alley just be vacated between Lots 10-17 and 32-38, Block 5, Spring Brook Park Addition, which are owned by the petitioner. Mr. Harris asked if the agreement that Mr. Schaul should work out with Mr. Hayes on an access should be a stipulation? Mr. Meissner said he didn't want to tie .'.this in with the vacation request. He said that Mr. Schaul did not intend to shut Mr. Hayes off from an access, but he didn 't want to give any of his property away either. Mr. Harris said that even if this was not going to be a stipulation of the vacation, he thought this agreement was something Mr. Schaul should pursue. UPON A VOICE VOTE, all voting aye', the motion carried unanimously. Mr. Harris said he thought that it should be brought to the Council 's attention that there were platted streets and alleys across the railroad tracks. This was an old plat, and none of the streets and alleys were in. He said this was a problem area in Fridley, and a solution of some type should be sought. 3. DISCUSSION ON BIKEWAY PROPOSAL Mr. Boardman said he wou4theity e the Planning Commission a little history on the bikeway proposal . He said thn we were working on the Parks and Recreation Comprehensive Plan, we had sud that, a bikeway system be developed for the City of Fridley. In late August, Council wanted to look at that a little further, so they set up a Citizen Bikemmittee to make a study and prepare a report. He said he had been meeting with0 mittee ever since September, sometimes four k 198 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 15 ' chairman, the Planning Commission Chairman would serve only on the Planning Commission and he would be a voting member. Councilman Starwalt asked if the ordinance could be adopted on first reading. The City manager said it could be amended on second reading. MOTION by Councilwoman Kukowski to close the public hearing. Seconded by Councilman Fitzpatrick. Mr. Drigans asked how the Council intended to make the appointments. He felt this should t be a policy matter. Councilman Fitzpatrick asked if the ordinance would be adopted as it stands, he said there would be some problems with the members being the committees x i are being consolidated. Mayor Nee said he strongly urged the Council to adopt the proposal that he had made. He said he was not sure that this would happen. Fie said there is no question on the method I of appointment, there is a concern over the nominating process. g k l 1 ly accountable for the Mr. Bill Scott said he would like to see the Council members personal ! e , t members they appoint. } 1 Mr. Nick Garaffa said with the current proposal, it would make it possible for all of the 1 ' members of the Planning Commission to be from one Ward. He asked if it would be possible to indicate that the Chairman would be from a different Ward if the majority of the members are from Ward. Mayor Nee said if the appointment is to be for three years, it would be difficult to just dump it. UPON A VOICE VOTE, on the motion to close the public hearing, all voting aye, Mayor € 1 Nee declared the motion carried unanimously. } s 3 FIRST READING OF AN ORDINANCE ESTABLISHING CERTAIN COMMISSIONS FOR THE CITY OF FRIDLEY, z MINNESOTA, WHICH SHALL CONSIST OF THE FOLLOW ING: PLANNINGG COMh1ISSI0N CHAPTER 201—� PARKS AND RECREATION COf•tMISSION CHAPTER 101_ , ENVIRONt NTAL QUALITY COR ISSION CHAPTER 121 HUMAN RESOURCES COM(1ISSION CHAPTER 122 , APPEALS COP1PtISSION SECTION 205.18 , AND COPIMUNITY DEVELOPMENT COf4L1ISSI0N CHAPTER 216 AND REPEALING ALL PP.IOR CHAPTERS A";D SECTIONS CHAPTERS €101 , #12.1 , #201, SECTIOL #205.18 AND CHAPTER ;208 { s MOTION by Councilman Starwalt to waive the reading of the ordinance and adopt the ordinance { as presented on first reading. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to direct the Administration to amend the ordinance for the second reading. Seconded by Councilman Starwalt. Upon a voice vote, all voting r aye, Mayor Nee declared the motion carried unanimously. 1 Councilman Breider asked if the Administration had advertised what vacancies dre available. Mayor Nee said this had been done for the past two months. The City Manager said notifica-. . I tion had been inthe paper and also on Cable Television. ..ESOLUTION NO. 71-1975 - CONFIRMING ASSESSMENT FOR SANITARY SEWER AND WATER IMPROVEMENT PROJECT NO. 115: MOTION by Coucnilman Breider to adopt Resolution No. 71-1975, confirming assessment for Sanitary Sewer and Water Improvement Project No. 115. Seconded by Councilwoman t Kukowski. Upon a voice vote, all .voting aye, Mayor Nee delcared the motion carried unanimously. - \ SETTING PUBLIC HEARING FOR ALLEY VACATION SA �75-03BY MACHINING INC., GENERALLY { ` LOCATED BETWEEN ASHTON AVENUE AND THE RAILRO AND LIF3ERTY STREET AND s LONGFELLOW: F MOTION by Councilman Fitzpatrick to set a public hearing for the vacationof the alley between Ashton Avenue and the railroad tracks and Liberty Street and Longfellow for June 9, 1975. Seconded by Councilman Breider. Upon a voice vote, all voting aye, s Mayor Nee declared the motion carried unanimously. APPOINTMENT OF ALTERNATE TO THE SUBURBAN RATE AUTHORITY: Councilman Starwalt said he was unable to attend a meeting of the Surburban Rate Authority and reading over the minutes of that meeting, it had come to his attention that the group 199 PUBLIC HEARING MEETING OF MAY 12, 1975 PAGE 16 would like alternatives appointed to attend when the member is not able to.. ' MOTION by Councilman Starwalt to appoint Councilwoman Kukowski as an alternate member to the Suburban Rate Authority. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: k 5 i MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing meeting of May 12, 1975 adjourned at 11:02 P.M. { 3 N Pat Ranstrom William J. Nee Secretary to the City Council Mayor f fi f C y t I Date Adopted ' s r � f a} 2 4 1 i i • F s s w (Official Publication) OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAYCONCERN: Notice is hereby given that there will be a Public Haring of the City Hearing Council of the City of Fridley,in the Northeast on Monda City Hall at 6431 University Avenue the Council chamberat 7:30'9,1975 in the purpose of: p M.for Consideration Of a vacation re- quest, AV #75-p3, Machining, 5 vacate the alley in Block • Spring Brook Park Addition, that lies between As Avenue and the railroad tracksto allow for an addition that will'-oin two existing buildings, �1 lying in o South Half of Section 3,City M Fridley, County of Anolta, Minnesota. Generally located betu,eeh Ash, ton Avenue and the railroad tracks between'-Liberty'Street and Longfellow Street N.E. rreferenee one des �to be heard with e the heard at this Ove matter may meeting. WILLIAM J.NEE (May 21,28,1975)_ MAYOR __ S B.6 1 1 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM !T MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley, in the City Hall at 6431 University Avenue Northeast- on Monday, June 9, 1975 in the Council Chamber at 7:30 P.M. for the purpose of: I i Consideration of a vacation request, SAV #75-03, Machining, Inc. , to vacate the alley in Block 5, Spring Brook Park Addition, that lies between Ashton Avenue and the railroad tracks, to allow for an addition that will join two existing buildings, all lying in the South Half of Section 3, City of Fridley, County of Anoka, Minnesota. j i Generally located between Ashton Avenue and the railroad tracks between Liberty Street and Longfellow Street N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. WILLIAM J. NEE MAYOR Publish: May 21 , 1975 May 28, 1975 211 . r RFGl1LAR COUNCIL MEETING OF JUNE 2, 1975 PAGE 11 t t _ s RECEIVING THE MINUTES OF THE PLANNING COiMMISSION MEETING OF MAY 21, 1975: s CONSIDERATION OF VACATION REQUEST: SAV '75-02, BY LOREN SMERIID, VACATE 46TH AVENUE N. E., BETWEEN 3RD STREET AND UNIVERSITY AVENUE N. E., TO ALLOW THE CONSTRUCTION OF A 24 FOOT BY 24 FOOT ADDITION AT 4603 3RD STREET N. E.: r _ MOTION by Councilman Breider to set a public hearing on the request for the vacation SAV r75-02, by Loren Smerud for July 14, 1975. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i CONSIDERATION OF A VACATION REQUES ��' MMACHINING INC.: VACATE ALLEY IN r BLOCK 5 SPRING BROOK PARK ADDITION, THAT LIT ES BETWEEN ASHTON AVENUE AND TH , t LK_1 TO ALLOW FOR AN ADDITION THAT WILL JOIN TWO EXISTING SUI NGS, AT 140 LIBERTY STREET N.E. I The City Manager said the hearing for this item had been previously set for June 9, F and there would be no action necessary.- MOTION by Coucnilman Breider to receive the minutes of the May 21, 1975 meeting of the Planning Conmission. Seconded by Coucnilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MAY 2.7, 1975: (!NOTE: THIS WAS ONLY A PORTIO; OF THE MINUTES, THE REMAINDER OF THE MINUTES WILL C061E FOR COUNCIL ACTION O.J X. 1 116, 19766: z A REQUEST FOR A VARIANCE OF SECTION 205.053, 1B, FRIDLEY CITY CODE TO REDUCE THE MINIMUM LOT AREA REQUIRED ON A LOT RECORDED BEFORE DECEMBER 29, 1955, FROM 7500 s SQUARE FEET TO 5500 SQUARE FEET TO ALLOW THE CONSTRUCTION OF A DWELLING TO BE LOCATED ON LOTS 49 AND 50, BLOCK T, RIVERVIEW HEIGHTS, THE SAME BEING 628 GLENCOE STREET N. E. , FRIDLEY, P•1INNESOTA REQUEST BY TRI-CO BUILDERS, 7555 VA 1 BUREN STREET N. E. , FRIDLEY, MINNESOTA): The Public Works Director explained the request to be to construct a dwelling on a lot recorded before December 1955 and to reduce the minimum square feet from 7,500 to 5,500. He said the lot is 50 feet wide. Mr. Sobiech said the Board of Appeals recornWended approval of the request. Mayor Nee asked if the property is in the flood•plan. The Public Works Director said no, the flood plain is from 250 to 300 feet to the north. Councilman Fitzpatirck said there was some objections voiced by the neighboring property o•aners. He questioned if anyone was present at the current meeting to Y voice any objections. There was no response. s i N,OTIO.; by Councilman Fitzpatrick to approve the request as recommended by the Board r of Appeals. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, ? ` Mayor Nee declared the motion carried unanimously. ; POTION by COUnCilman Starwalt to receive the portion of the minutes of the Board of Appeals F'eeting of Flay 27, 1975. Seconded by Councilman Fitzpatrcik. Upon a voice f vote, all voting aye, Mayor Nee declared the motion carried unanimously. t ; . E l RFCEIVIN, TH7 MINUTES OF THE BUILDING STANDARDS-DESIGN CONTROL SUBCOM"MITTEE MEETING OF OF A REQUFS14 FOR A NEW BUILDING: LOCATED AT 4500 MAIN STREET N.E. CECO CORPORATION, 4500 MAIN STREET N.E ., FRIDLEY E i The Public I•;orks Director pointed out the area of the proposal to be at 4500 Main street an.; said this is the next step in the stage development in the original y pro„sa? of 1 )73. He said the building would be concrete and the necessary screening € would ce i❑stalled. He said there exists a retaining wall on the east edge of the Pr•op;rrty. He explained that the Building Standards Design Control Subcommittee had f ;j recc>c:en�ed approval of the request. M � MOTION b;Ceuncilman Ftizpatrick to concur with the recommendation of the Subcommittee a;.d r,rant. approval of the construction. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. �'� 4 252 REGULAR COUNCIL MEETING OF JUNE 16, 1975 PAGE 11 ' NEW BUSINESS: CO N OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST BY RICHARD POVLITZKI, A #75-02, 0 REZONE FROM C-1 TO C-2,-7T65 CENTRAL- AVENUE N. E.: IVAZ ouncilman Breider to table the consideration of the first reading of an ordinance for rezoning request by Richard Povlitzki ZOA #75-02, to rezone from C-1 to C-2, 7365 Central Avenue N. E. Seconded by Councilman Fitzpatrick. Councilman Fitzpatrick said the rezoning would take four of five votes and in the absence. of•Councilwoman.Kukowski, he felt this item should be tabled. Mayor Nee said the Council can take action with four members. The City Manager said there would have to be a four/fifth vote to adopt the ordinance. i UPON A ROLL CALL VOTE TO TABLE THE CONSIDERATION, Councilman Breider voting aye, Counil- t ; man Fitzpatrick voting aye, Councilman Starwalt voting nay and Mayr Nee voting nay, Mayor Nee declared the motion failed until Mr. Mark Haggerty, Attorney for Mr. Povlitzki addressed { the. Council and asked th3tthe Council reconsider the action since if the Council would take action to adopt the the and it failed, it would be six months before the matter could be considered again and Councilman Starwalt reconsidered his vote and changed it to aye and Mayor Nee declared the matter tabled until the July 7th meeting of the Council. } f Councilman Starwalt said he changed his vote upon the request by the petitioner's Attorney, not as a delay action. Mr. Haggerty said this was understood and he favored the tabling of the matter. , E S FIRST READING OF AN ORDINANCE FOR VACATION REQUEST BY MACHINING INC., V #75-03, 0 _ VACATE ALLEY BETWEEN ASHTON AVENUE AND RAILROAD TRACKS BETWEEN LIBERTY LONG- FELLOW STREETT 140 LIBERTY AVENUE N. E • t • i The Public Works Director explained the request and the location as listed in the heading. j He pointed out that the Planning Commission had recommended approval of the request with several stipulations. He said at the public hearing the week previous, there were no objections voiced to the vacation of the alley. He said the City had received correspondence from from the utility companies stating there was no problem in this f vacation. t Councilman Fitzpatrick said in view of the fact that there was no objections at the J public hearing, he would be in favor of action at the present time. MOTION by Councilman Fitzpatrick to adopt the ordinance on first reading, waiving the reading. Seconded by Councilman Breider. Upon a roll call vote, Mayor Nee voting aye, I Councilman Breider voting aye, Councilman Starwalt voting aye, and Councilman Fitzpatrick votinga aye, Mayor Nee declared the motion carried unanimously. 1 • 3 CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR VACATION REQUEST BY NORTH SUBURBAN HOSPI I AL DISTRICT, SAV #75-0 , T V C TE P RT 76TH AVENUE: GENERALLY LOCATED NORTH AND WEST Ut UNITY H SPI L: The Public Works Director explained the property being vacated would be used by the City of Fridley for park purposes. He said the Planning Commission recommended approval of the request with two stipulations. He read the stipulations to the Council. He said the stipulation dealing with the improvement of the curb and the restorationof soil on the ` s` part of the Hospital District should be modified to state that the City and the Hospital ; 's District would work together. He said he had talked to representatives of the Hospital District and they were in agreement with this arrangement. , The Public Works Director said it would be in order to adopt the ordinance on the first reading at the present time. MOTION by Councilman Breider to waive the reading of the ordinance and adopt the ordinance ; on first reading with the modified stipulations. Seconded by Councilman Starwalt. Upon a c voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF ABATEMENT OF NUISANCE AT 53RD AVENUE N. E. AND MAIN STREET N. E. _ INTERSECTION VISIBILITY (_ The Public Works Director explained this to be a vision problem on 53rd and Main Street and 7 noted by Ms. Doris Knutson, 6300 Starlight Blvd. He referred to page 10-A of the agenda ; where the portion of the City Code relating to this problem was placed. "' 272 REGULAR COUNCIL MEETING OF JULY 7, 1975 Page 4 ORDLUAnr%%Q., 587 AN ORDINANCE FOR VACATION REQUEST BY MACHINING, INC. , SIC- #75-03, 0 VACATE ALLEY BETWEEN ASHTON AVENUE AND RAILROAD TRACK'S B EEN RTY STREET AND LONGFELLOW STREET; 140 LIBERTY STREET: The Public Works Director explained the area and pointed out the area on the map on the screen. He said the Planning Commission at their May 21, 1975 meeting recommended approval of the request with a number of stip- ulations , and he read the suggested stipulations to the Council and audience. He said there was no one present to voice any objections at the public hearing held by the Planning Commission, and there were no objections at the public hearing held by the City Council . He recommended s it would be in order to adopt th.e ordinance on second reading and order publication. MOTION by Councilman Fitzpatrick to waive the second reading of the ordinance and adopt Ordinance #587 on second reading to vacate the alley "s s between Ashton Avenue and the Railroad tracks and between Liberty Street and Lorgfellow Street as requested by Machining Inc. Seconded by Councilwom n Kukowski . Upon a voice vote, all voting aye, Mayor Nee 4 declared the motion carried unanimously. J ORDINANCE NO 388 - AN ORDINANCE FOR VACATION REQUEST BY NORTH SUBURBAN J HOSPITAL DISTRICT: SAV #75-01 TO VACATE PART OF 76TH AVENUE; GENERALLY 1 } LOCATED NORTH AND WEST OF UNITY HOSPITAL: g The Public Works Director explained the area on the map and commented that this was done in cooperation between the City of Fridley and the North Suburban Hospital District in conjunction with a lease of property for park purposes by the City. He said the Planning Commission recommended approval of the request with the stipulation that the City work with the hospital to eliminate the possibility of the property owner- in the area receiving any assessments . He said he had talked to people from the hospital ; and they were in agreement with the proposal , and the curb would be constructed and also the area restored. MOTION by Councilman Breider to waive the second reading of the ordinance and adopt the Ordinance No. 588 on second reading with the stipulations recommended -by the Planning Commission.. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST BY RICHARD POVLITZKI , TOA #75-02 TO REZONE FROM C-1 TO C-2; 7365 CENTRAL AVENUE N.E. TABLED 6/16/75 . The City Manager explained that the representative for Mr. Povlitzk would not be available until later in the evening, and asked that the . item be tabled until that time. Mayor Nee asked if anyone was present to discuss the item, and there was no response. MOTION by, Councilman Starwalt to table the consideration until later in the meeting. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REQUEST FOR EXTENSION OF TIME FOR RESERVING LIQUOR LICENSE FOR MAX SALITERMAN FOR KING`S CHALET, INC. TABLED 6/16/75) : MOTION by Councilman Fitzpatrick to table the consideration of the request for the extension, of time for reserving liquor license for Max Saliterman for the King 's Chalet until their representative is present at the meeting. Seconded by Councilwoman Kukowski . Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF REQUEST FOR VARIANCE IN FRONT YARD SETBACK BY MARLEN MILLER, 7540 STINSON BOULEVARD klAbLED 6/16175 ° The 'Public Works Director pointed out that the applicant had contacted •� I 271 REGULAR COUNCIL MEETING OF JULY 7, 1975 Page 3 He also questioned if the Council would issue permits to the civic or service organizations in the City. He mentioned the desires of the Council should correspond to the requirements of the ordinance. . The Public Safety Director explained that in 1970 there was a letter i received from Anoka County concerning this type of ordinance, but any further action on this had been dropped because of lack of concern. Councilman Starwalt said there was considerable discussion on the first reading of the ordinance, and he thoughtthat it would be brought back in a changed form. Mayor Nee said he saw no problems in the second. subdivision. The City Attorney asked if it was the Council 's intent that the permits be issued by the City Council . Mayor- Nee said this had only been discussed. The City Attorney questioned if this should not be done by the City Manager r 3 or a person designated by the City Manager. He mentioned that Mr. Hill brought up a good point concerning the neic. borhoods and questioned what $ would happen if the Council or Administration was contended to be i discriminatory. r Mayor Nee asked who wound challenge this process. The City attorney answered„ s. probably no one. ' The City Manager said that the administration would do what the Council i wanted. He mentioned that the current use of the park facilities in this fashion is illegal and he said this is a recurring activity each year. t The City Manager said he would prefer it if the permits were held at the a City Council level . He mentioned it would be better if all licenses and a permits are handled by the City Council . He mentioned if the activity were to be coming up too soon• for the Council to handle the request, the F a doings could be held in Locke Park. He mentioned the conditions of E " vegetation and the large area would be more acceptable for this type of s usage. He also mentioned that the ordinance could be adjusted in the future to fit the changing needs of the community. The City Manager said the existing ordinance completely prohibits this use in the City parks. I The City Attorney stated he felt the proposed ordinances to be better than the existing-ordinances. Councilman Starwalt asked if this meant in both the legal and policing activites,and the City Attorney said yes. ! a The Public Safety Director said his only problems would be in subdivision s No. 2. Councilman Breider questioned the provision.concerning neighborhood parks. Councilwoman Kukowski said she would rather see the people come to 'the City Council because the members of the Council are closer to the neighbor- hood situations. Councilman Breider asked about the time factor involved in this type of Council approval . Councilwoman Kukowski said if there is not time, the people can hold their doings in Locke Park. The City Attorney asked if the area civic and service groups would go to Locke Park for their activities. Councilwoman Kukowski said she believed that the 'Civic organizations go to Locke Park. Mayor or Nee said this would also be true of the neighborhood groups. He said he felt this provision for neighborhood parties in the parks was good for the City of Fridley. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried ` unanimously. MOTION by Councilman Starwalt to adopt the first reading of the ordinance to amend Chapter 507 of the City Code relating to Municipal Bathing l Beaches and waive the reading. . Seconded by Councilman Fitzpatrick. Upon a' voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 587 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows : SECTION 1 . For the vacation of an alley described as follows: All of the East-West alley in Block 5, Spring Brook Park Addition, that lies between Lots 1-17, and Lots 32-46, All lying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Be and is hereby vacated except that the City of Fridley retains easements for drainage and utility purposes over the alley herein described and vacated. SECTION 2. The said Vacation has been made in conformance with Minnesota Statues and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JULY 1975. MAYOR - William J. Nee ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: June 9, 1975 First Reading: June 16, 1975 Second Reading: July 7, 1975 Publish. . . . . . . : Ju—Ty16, 1975 r OE I g 4 f # 1 • t 1 , �' INK. �' �, C r �J i 4 (� _ L1L GO. v c i -� a �1 , DO U-J M, 1 i }