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SAV75-07 Y y ` CITY OF FRIDLEY MINNESOTA A17 PLANNING AND ZONING FORM TYPE OF REQUEST NUMBER J—L)O� APPLICANT'S SIGNATURE Rezoning Address_ 3076 16th St. NW New Brighton. Minn. Approval of Premin- Special Use Permit Telephone Number 631-2540 inary & Final Plat _� Streets or Alley PROPERTY OWNER'S SIGNATURE�yd�ce`� -. '''� Vacations Address `1 �- c� �-� lu 1 Other Telephone Number Fee aov Receipt No! � Street Location of Property (68Lt0) Sieverts Lane Legal Description of Property_ S. Part of Tract C, Reg, Land Survey Na- I Anoka County, Minnesota Present Zoning Classification_ Existing Use of Property Vac�t Acreage of Property Approx. .8 Aerbescribe briefly the proposed zoning classification or type of use and improvement proposed Vacation of street easement occupying the easterly 66 ft. of property described above Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? yes no. What was requested and when? The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street Names. S. Location and use of adjacent existing buildings (within 300 feet The undersigned hereby declares that all the facts and representations stated in this application are true and correct. RE yC/ DATE —��) -- 7/S SIGNATU . (APPLICANT) Date Filed Date of Hearing 2 / f Planning Commission Approved '17. ),3 9S ity Council Approved (dates) Denied (dates) Denied y � N � N �7 (aa f :S 57719-260 CLASS BACK GLAZED /► ,(/�J(J�')�0L" �j � //�� e FLOOR '00c� c ,•�ncr TENTS— Tract C, Registered band Survey No. 3, Anoka County, 3:innesota, F•XCr�ff� That prat � --_�_ 1 ing slortherly ------_ cif "ii•act C, i�e;;istered Lwid Survey No. 3, An olca County, Minresot�:, y easterl line ' i Ginning ata oin t on �n y o; the followinE described line too it: 'G"-j 8 F — /'4 of said Tract C, distr�nt 200 feet southerly cif the r:o;t couthcl�rly clog. with he F, _ ,� J �f'� 1'1 1, {- l- •1• J iStter JeY V1�1• with t�� i RR" r <-^ i:- �'iP.2'eCl Ix'1T(� SL:.t"VC�f t1'ie CE' northwesterly 0 it _ -----__ of „-,id -6-- being a di.starce of 21`7.'79 ti "1rL .�sterly line of sr:id Traci C, said point of intersection Acot southerly of the no:'t+^_1Je&t corner of said Tract C arsd there terLnirating, according ; the recorded plat thereof. x = x = K = Iry ' w f RESIDENTIAL - LAKESHORE RECORD AND APPRAISAL CARD PLAT NO. PARCEL DESCRIPTION LEVEL MUNICIPAL WATER ASPHALT 57719 260 Marcel Eibensteiner REGISTERED LAND SURVEY #3 2 HIGH WELL&PUMP CONCRETE HHE Tract C, Reg Land Survey 3 ' as descri on attached sheet LOW MUNICIPAL,SEWER (With exception) CESS POOL- SEPTIC TANK GRAVEL NATURAL GAS DIRT STORM SEWER (Subs to ease to City of Fridley for '• ' GOOD- FAIR-POOR CURB&GUTTERDl V #7295 Street and Utility Easement on E 66' SIDEWALKFro #250 per qcd dated 5/28/68) ALLEY 12-29-72 CORNER LOT RESIDENTIAL COMMERCIAL INSIDE LOT MULTI-FAMILY INDUSTRIAL ' GOOD FAIR POOR OTHER: LAND VALUE COMPUTATION . RESIDENTIAL 0 SEASONAL RES. REC. OTHER 19 S •''F• • ASSESSMENT SUMMARY Nl Sir Y�q L ur� - - ------- --.....- ..---•- pap ' ' HOMESTEAD,• REMAINDER'• HOMESTEAD REMAINDER SEAS. RES. NAND STRUCTURES TOTAL 25% 40% 20% 33%3% 33%3% TOTAL O YES 1 �j _ -f 19 NO /d H /7 YES 19_ LAND VALUE COMPUTATION TOTAL LAND VALUE $ 19 NO YES 19 NO YES 19 NO YES 19 LAND VALUE COMPUTATION TOTAL LAND VALUE $ 19 NO YES 19 NO YES 19 NO YES 19 NO 19 LAND VALUE COMPUTATION TOTAL LAND VALUE $ YES E}�y, 19 NO _ YES 19 NO TOTAL LAND VALUE. $ 19 19 19 19 • LAND 19 % 19 STRUCTURES 19 % 19 19_ % 19 TOTAL 19 % 19 19 RESIDENTIAL -TLAKESHORE RECORD ANIS APPRAISAL CARDPLAT NO. - P RCE` 11 DESCRIPTION LEVEL MUNICIPAL WATER ASPHALT 57719 250 TRACT "C" Registered Land Survey #3 of Lot 1 , E HIGH WELL&PUMP CONCRETE Aud. Sub. #10 (Rev.) LOW MUNICIPAL SEWER CESS POOL-SEPTIC TANK GRAVEL Ing T. S I verts NATURAL GAS DIRT (Subs to ease to City of Fridley for St ' STORM SEWER and uti 1 on E 66' per qcd dated 5/28/68) GOOD•FAIR-POOR CURB&GUTTER (EX#260) SIDEWALK ALLEY Div # 295 CORNER LOT RESIDENTIAL COMMERCIAL INSIDE LOT MULTI-FAMILY INDUSTRIAL ' GOOD FAIR POOR OTHER: j i lil LAND VAGUE COMPUTATION RESIDENTIAL Q SEASONAL RES, REC. OTHER • • ASSESSMENT SUMMARY Mum l '�� • • HOMESTEAD REMAINDER HOMESTEAD REMAINDER SEAS. RES. TOTAL J 4 7r LAND STRUCTURES TOTAL 25% 40% 20% 33%3% 33%3% YES 1 D No YES 1925 LAND VALUE COMPUTATION TOTAL LAND VALUE $ 19 NO / / %• ` �- - /�o� YES d elV a t / t # 19 NO YES 19 NO 3S 2 2 f 36 YES 19 LAND VALUE COMPUTATION 19 NO TOTAL LAND VALUE $ YES 19 No YES 19 NO YES 19 NO 19 LAND VALUE COMPUTATION TOTAL LAND VALUE $ YES 19 NO YES 19 NO l TOTAL LAND VALUE. $ • � y 19 19 19 t.. LAND Ssa C, 19 % 19 • STRUCTURES 8 b 19 % 19 19_ % 19_ TOTAL 19 % 19 3�C, Ei d 19 If V.A 0 0 0 0 0 C) r) Z 0 -7 0 E5 0 C: 0 m 0 'o > 0 0 0 z 0 In m 3: > c C Z. Z ;z Z PC Oo > > :E 0 ]IT < -.j - 1� q > ;a E V, 1� m m m 0 ::E > 0 0 0 r) m --4 0 > M , z a C I z 1 0 ———— 0 0 0 > -4 --1 >--A >-1 z > V> z z z z ,�,4 2 r) > n 0 C) n > V; 1 0 0 c m 3: m -i T > 0 -0 > D. > IxI O < < 3:c m < C) > x r- > c > L c 0 Flq, z z zIg z 9 z z 09 - 1-- Zl,- O - O - Zmzg , 0 - 0 , 0 g 01-io 0 0 ZD v. 0 C A <- -n (j) frl c --I > > Crl 0 Crim > C: > :k C -71 AD U) m -T-- :K C: — C ( m r) 2 1 c z G) rT' a Z � m ;:r to 0 -C N 0 1 ON ---i C ---4 1 ON 1 D m ri Om 0 c M. n -U, C: z M, C) In 00 > > Cl Dm C z 0 -n 0 M rTi C; 0 X lu r- -TI m O co z m X m 0 1"i > X Z§Z 'R In C-1 C 560-3450 Ci 'Yriaffe ' V V .p I ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432- July 5432July 11, 1975 TO WHOM IT MAY CONCERN: The Planning Commission of the City of Fridley will be holding an informal hearing on a vacation request, SAV #75-07, by Vernon Vander Lugt of 3076 - 16th Street N.W. , New Brighton, Minnesota, to vacate the street easement occupying the easterly .66 feet of property described as the South Part of Tract C. Registered Land Survey No. 3, Anoka County, Minnesota , on Wednesday, July 23, 1975 at 7:30 P.M. in the Council Chamber at 6431 University Avenue N.E., Fridley; Minnesota. If you have any objection to this request, you can either attend this meeting, or send a letter to the City of Fridley to. the attention of the Planning Commission. RICHARD H. HARRIS Chairman Planning. Comm_Lssion —N_7/ CORNR-- -----= ---- - --- - - - --- __ i C. /3 ' so 30 /s0� /mss-�--o-�r-----o,T_ �o .,u.., »TTa�c•_.-moi-� /vJ�. o u ' ?G — ----� 16 17 ' 7 c ^ IIS �R 3 A19 19714 11 24/ 1a Q 19 30 14 A s (✓roo) (9a0� s3 ' 3s ./R. j stake - 44ti 4, L ii Fos/ien CX1710T n 2M i ��_ `./ '� ® y/111-/1J✓ ;6zoJ 61r gvr[.oT %I01) ^El So) aP.rB aa`f,a.-_ j�fe ce C JB BA,B o"ll 41.7- _ _ SIC NNW � �-,-_.�__ �� _ __ o---- � �,�0340) 6 •csa;,�s Q ^t°. Lill L._Z_..w(f-• Bo.3B !tZZ •7ao) B L • R� 63 a e�� /9 1 y ay ss TH ��. .�N.E. PIG YYL f Al` ,t \ {{�� cin /tm.. ,ti �''` _ � �((� b 900 :LU l Baianets ` �-', c'�7c C["1� b*�° I ? �M 1�'��O ° p 27 ' � Leca�i✓f'✓N/1 Coaf ran � � Y I z 6 r 2,r oa+ger Z � I ZS o ° :, ter_--. 3s ao �r ^• '� Jit 22 49 Planning Commission Council MAILING LIST: SAV #75-07, Verlyn Vander Lugt Vacate Street easement occupying the easterly 66 feet of property described as the South Part of Tract C, Registered Land Survey No. 3, Anoka County. Verlyn Vander Lugt Mr. L. K. Rodman 3076 - 16th St. N.W. Northwestern Bell Telephone New Brighton, Minnesota -2-24- c,-.__t St Street M nnAsGtA -5- 2 i Theodore W. Klobs 6851 Central Avenue N.E. 6540 Shingle Creek Parkway Fridley, Minnesota 55432 Minneapolis, Minn. 55430 Virgil Halgrim Mr. Tom Colbert 6860 Sieverts Lane N.E. City of Fridley, Eng. Dept. Fridley, Minnesota 55432 Ing Sieverts 6850 Sieverts Lane N.E. Fridley, Minnesota 55432 Nom= rir General Television 350 - 63rd Avenue N.E. Fridley, Minnesota Minnegasco " - I I I- \V", 733 Marquette Avenue Minneapolis, Minnesota 55402 Northern States Power Mr. 414--tee3�e� (4501 68th Ave. North) Minneapolis, Minnesota 55401 55429 COUNTY OF ANOKA, STATE OF MINNESOTA OFFICE OF THE COUNTY AUDITOR CONVEYANCE OF EASEMENT OVER TAX-FORFEITED LANDS FOR CERTAIN PUBLIC PURPOSES Issued Pursuant to Minnesota Statutes 1951, Section 282.04(4) THIS INDENTURE, made this day of , 19 , between the State of Minnesota, as party of the first part, and party of the second part. WITNESSETH: WHEREAS, the Board of County Commissioners for the County of Anoka did by resolution on the day of , 19 , prescribe the terms for the conveyance of an easement- for certain public purposes over certain tax-forfeited real property situate in the County of Ancka, State of Minnesota; NOW, THEREFORE: The undersigned County Auditor for and in behalf of the State of Minnesota, for and in consideration of the sum of Dollars , in hand paid, receipt of which is hereby acknowledged, does hereby grant and convey unto the party of the second part an easement fora purposes over the tax-forfeited real estate situate in the County of Anoka, State of Minnesota, described as follows: Said easement is subject to the following terms: and such other conditions as stated in Minnesota Statutes 1951, Section 282.04(4). IN TESTIMONY WHEREOF, the State of Minnesota has caused this easement to be executed by the County Auditor of Anoka County in the City of Anoka, County of Anoka, and State of Minnesota, the day and year first above written. Charles R. Lefebvre, County Auditor County of Anoka, Minnesota In Presence of: STATE OF MINNESOTA) ss. COUNTY OF ANOKA ) On this day of 19 , before me personally appeared Charles R. Lefebvre, Anoka County Auditor, to me known to be the person who executed the foregoing easement in behalf of the State of Minnesota and acknowledged that he executed the same as the free act and deed of said state pursuant to the Statutes in such case made and provided. This instrument was Drafted by: Robert W. Johnson Anoka County Attorney Anoka, Minnesota 55303 1 X i , CITY OF FRIDLEY PETITION COVER SHEET ., Petit ion. No. 10-•1973 i I Date Received i Object Exemption from hooking up to water and sewer facilities t -for Lot D, Registered Land Survey ;:3 (Siverts Lane) Petition Checked By Date Percent Signing Referred to City Council7& i i Disposition f • I . t T i i I 6G March 4, 1973 4 , e I TO WHOM IT NAY .CONCERN: We are not interested in dcvelopin,,; the south end of our property and therefore do not want sewer and water brought in to serve Sivertu Lane. 41/1 Li i i e ll I II TO iMOM IT MAY CONCERN: I am not interested in bringing sewer and hater (city) into j my lot C at this time. 7 4 k Rlce ,C.60zeek watershed iizt 5837 HOBE LANE,WHITE BEAR LAKE, MINNESOTA 55110 May 16 , 1975 ` Mr. Verlyn Vander Lugt 3076 - 16th Street N. W. New Brighton, Minnesota 55112 Re: Permit Application #75-45 Location: North of Rice Creek, east of Central Avenue, Fridley Purpose: Construct single family residence Dear Mr. Vander Lugt: At their meeting on May 14 , 1975, the Board of Managers of the Rice Creek Watershed District reviewed the sub- ject application and the report of the engineer. In view of the fact that there is considerable high ground on the subject site there should be no problem in con- structing a single family residence without encroaching on the flood plain of Rice Creek. The Managers , therefore, approved the application as submitted. Thank you for your cooperation in this matter. Sincerely, EUGENE A. HICKOK AND ASSOCIATES Engineers for the District 1p�4 0ohn R. MacLennan, P.E. JRM/cmb cc: Board of Managers T. Skelton N. Qureshi W.L.GOYER G.V.DIIAKE A.CARDINAL E,A.PET RANGELO R. R.HAMILTON President Vice President Vice President Treasurer Secretary Mahtomedi 55115 New Brighton 55112 Hugo 55038 Fridley 55432 White Bear Lake 55110 E A.HICKOK&ASSOCIATES Consuhing Engineers 473-4224-FRANK J MURRAY Attorney 224-7624 3076 16th St. 3d.'% New Bri hton, Irl nn. 55112 May 27, 1975 Fridley City Council To whom it may concern; I am the prospective buyer of the South Part of Tract C, Re dste�-ed Land Survey No. 3, Anoka County, Minnesota, located S.L. of the intersection of Central Ave. N.E. and County Rd. H. I can the prospective buyer in that the purchase agreemeit involved is continent upon whether or not this lot will be approved as a suitable building site. Pith considerable help from. the City staff members, approval has been given by the Polution Control Agencies involved that a single family dc•;elling can be constructed with its own sewer and watep systems without enfringing upon the envirmrnental qualities of Rice Creek. I hereby request your approval of the said proposal and in so doing, guarantee the . rilt to obtain a building permit for this lot upon submission of appropriate building plans. I further request, should approval be giver_, that hookup to City t•rater mad sewer would not be required as they are not available noir and the cost would be 'r too great if they were ever made available. Sincerely, i Verlyn Vander Lugt . i If- 7 i 6:::MEMO TO: Nasim M. Qureshi, City Manager MEMO FROM: Richard N. Sobiech, Public Works Director I D TE: June 5, 1975 SU JECT: Waiver of Sewer and Water Connection by Verlyn Vander >� Lugt; Part of Lot C, Registered Land Survey #3 .i In response to the letter we received from Verlyn Vander Lugt regarding a request to waive the connection to City water and sewer, the Public �I Works Department has investigated the area. It should be noted that the parcel of property in question was approved for lot split on August 30, 1971. The parcel is approximately 33,;,60 square feet (.8 acres) . Lots D and E.of the Registered Land Survey were approved for waiver of connection to City sanit-ary sewer on March 19, 1973 and June 5, 1972 f respectively. The residents presently living on the other portion of Lot C have a private sanitary sewer system from the original construction of the home in 1960. We have reviewed the request for installation of the private sanitary sewer and well system with various State and County agencies. These agencies have commented as follows: Metropolitan Waste Control Commission (MCWW) : They report ; they have no jurisdiction as long as there is no sewer available. For the ; case in question the sewer is not available, therefore the MWCC feels this is a local discretionary decision. Minnesota Pollution Control Agency: They have no rules and regulations pertaining to private sanitary sewer and well systems. Installation of private systems is up to the local community and the affected watershed district. Department of Natural Resources: At the present time they have no jurisdiction; however, they are in the process of preparing Shoreline Management rules and regulations. In applying the parcel of , property in question to the proposed rules and regulations of the Shoreline Management Act, the lot is in compliance. It should be further E pointed out the proposed rules and regulations have a section indicating ' no jurisdiction on properties developed prior to the establishment of the Shoreline Management rules and regulations. Rice Creek Watershed District: The petitioner has had the parcel of property, together with the proposed residential development, reviewed by the Rice Creek Watershed District who have indicated their approval of the project (see attached) . ' Memo to N. Qureshi 6-5-75 A Re: Development on L. C, R.L.S #3 Page 2 i Anoka County Comprehensive Health Department: Anoka f . County indicated that if the petitioner complied with the minimum standards of the Minnesota Department of Health rules and regulations regarding L private sanitary sewer and well systems, they would have no objections to the installation. Indication was given that the petitioner contacted . Anoka County and is aware of the necessity to comply with the requirements. k From the discussion with the above agencies it seems the installation of a private sanitary sewer and water system would present no problems. Further investigation into the request indicated the parcel of property is not affected by the flood plain zoning regulations. It should be noted that there exists a 66 foot wide roadway easement which is located on the east 66 feet of the subject property. Construction of a residential dwelling would necessitate either a variance to allow a reduction of the setback from public right of way or a vacation procedure to eliminate a portion of the roadway easement. The roadway easement was originally acquired to allow access to the City of Fridley property ad- j jacent to Ri:_e Creek. It is felt that vacation of the west 33 feet of the existing easement would not be objectionable and would allow for con- } struction of the dwelling. Appropriate processing of an application would have to be followed. t , We have discussed all the above items with the petitioner and he is aware of the various procedures involved and is willing to proceed with those necessary to develop the property. A further item to consider is the street improvement of Siverts Lane. If the waiver of the connection requirement. to City sewer and water is t approved, there remains no properties in the area which are developable which would require sanitary sewer and water within the street right of way. This is verified through a petition received previously from the f property owners abutting Siverts Lane on 69th Avenue stating they have no desire to split their property (see attached) . With this in mind, the only improvement that could. take place would be a street improvement to properly serve the area. We have discussed the street improvement with s the petitioner who indicated that since he would be using Siverts Lane for access, he would have no objection to a fair assessment for street improvement costs against his property. In summary, our investigation has indicated no problems would result with the installation of a private sanitary sewer and water system, therefore it is recommended that -a waiver of the connection to the City systems be approved with the following stipulations: 1) In the event that sewer and water is ever extended j down Siverts Lane the property owner agrees to connect to the system within a reasonable amount of time. 2) The property owner has no objection to a street improve- ment project and• agrees to accept his fair share of assessment of the project. Memo to N. Qureshi Page 3 Re: Development of L. C, R.L.S. #3 6-5-75 6 B 3) Prior to issuance of the building permit the appli- cant will present to the City and. the Anoka County Comprehensive Health Department a complete plot plan indicating location of structures, well and cesspool together with cross sections of the private sanitary sewer system, soil borings indicating water table and results of percolation tests. Also prior to issuance of the building permit, it will be determined that the private sanitary sewer system meets the minimum requirements of the Minnesota Department of Health. 4) The petitioner agrees to proceed with the necessary application for either a variance or a vacation to eliminate the setback problem with the existing roadway easement. It is further recommended that a street improvement project be initiated for Siverts Lane. G RNS/jm Attachments f f TC 121 ee 6-25- 75 6-16-75 CC: Clyde Proposed vacation of roadway easement on Siverts Ln l5 r Attached please find information regarding construction of residential dwelling on the southerly portion of Lot C, RLS #3. Would you please comment regarding any problems in vacating the southerly portion XX of the Lot C roadway easement? Also, i,i order to provide access to the park, comment regarding possibility of acquiring an easement on the tax forfeit properties just east of the subject vacation. It is anticipated this vacation would go to the Planning Commission the lst mtg. in July. Also, check with the County regarding their plans for acquiring the tax forfeit property; whether they intend to or to save it for the City. Thanks DS/j , I,7 7 i r �. ,` 111 1 I Y t a� i� y Cno� . 6c �r`�1,1^ wl�r �� us� �t �•c- � � e � � . � 0.loSor��e^r sysf�»+ Su�� wcG Q�/ec� rrr 3Z.Ft. fcg4rreJ 4%r So. (Cor lo,d eoo- J'4e / p'2.5�0 sZ. Ff. / -. loea�� oa of sycf[,n Mu/6f �et at or obovL T // �� (s ��> rE �. l� oAs r. 0 o U) � [r ce +ca c ;s ram CaSen'` l J/ �eu, le�,^}n „e ulorlu nl �ASu ��reip,eJl treS k e- �o� J t•ti �'c 10 to r Kj (A( VQ.�.' :/1 {{ O CG u 1{ e s u c..e t Al CO t P �e. use '441 ' d rn� ��. Tie �e r�A, �N� arcaa , t -�jn so »oa Jq tom► ll a r rzc p uldti�� Ipe, � Nt�D�t9Fc� �0 . dye cr�re has a JeJ� i t_cx1 e0e; 1o1v�ot ol;s'4an1 cc �cl aP�✓`oX 3v t� n lcC Uo_Lq�[c� ' EN+tf2 �oa� ei)0 ease- vie / r S�uce irl � cnna'� �,� �0 Jc.c�AJ! O llc?tNiN9 �pu,`� No`� alN claunl d�aNce r1 Sp n c t► _o ir c� �' V)of e. � � a ¢a s s N•+B Af . 4L ck 4 e.5 e/' tSaca �ioa a �OG�t+I II �� 5! ✓NP'V� AC Gf a S ��-� cPuE 4 11 'ess a x�e,vsr'Ue. k Ue�� '.n��e h�a� ��J 4e coS,Pr! a�+d Nru<� 1 n I Ve.4C 1 i S�• Jt dF5 an-)c� Al .A_IE 'rpr'E A9fP •�� r:<<r�E 1cP '�WPe _N4 ,�p/ wS � !! tt wrt< bu�Ic�f� �O c0�"/ pu7Aler~5) �Ca`�}V J WOr.,' At Qnla C �he � d1 '��t a f r k �D re V'D c T r nl g [S�'1 e G at,v YY?uc4 as posy r �O�eeJ� P / etjU i ('oAj W,!.Alla ( �mLe$ Or roof o�fy 1Np S�e�cl�s �yo�er�7l but �OroP�bA �► �kesl i btil. to E� JAZ r f , II 4 Northwestern Bell 6540 Shingle Creek Parkway Minneapolis, Minnesota 55430 August 29, 1975 Community Development Administration City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55432 Attention: Mr. Darryl Clark Re: Vacation request, SAV #75-07 The Northwestern Bell Telephone Company has no plant in the Easterly portion of the South part of Tract C, Registered Land Survey No. 3, Parcel 260. The Telephone Company therefore has no objection to the proposed vacation. Yours truly 6� District Engineer l 5112 NORTHERN STATES POWER COMPANY 4501 68TH AVENUE NORTH BROOKLYN CENTER, MINNESOTA 55429 September 10, 1975 Mr Darrel Clark Community Development Administrator City of Fridley 6431 University Ave N E Fridley, Mn 55432 Dear Mr Clark Northern States Power Company has no objection to the City of Fridley vacating (SAV #75-07) the 66 foot street easement occupying the easterly portion of the south part of Tract C, Registered Land Survey No. 3 (Parcel 260) an unimproved section of Siverts Lane, all lying in the north half of Section 13, City of Fridley, County of Anoka, Minnesota. A check of our facilities indicates our system ends north of the specified area. Thank you for your assistance in this matter. Sincerely John L Ranck Municipal Services Representative North Division JLR/rp _JY 7/ GOR .50 5° /09 t s4.i.. 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I y``4. � ...�.,,,.�.-j.,.1..r�.__ ,-�.r�e ya. ,•+ � � 00 �2 � Y m �w rn � ti /65 - - - - - - - - - - - - - 0 Planning •Commission Meeting - July 23, 1975 Page 5 1 A Mr. Harris asked Mr. Boardman if the City was going to need any of that easement on Lots 6 and 7 when the easement for Lot 8 was jogged over. Mr. Kok said he had no objection to part of the easement being retained if they needed it to join up with j the new easement for Lot 8, but he would want to determine that -hisgarage. wasn 't on ' any part of the easement they wanted to retain. . He said the garage was 12 feet back from his house. Mr. Boardman said the City would probably retain that part of the South 6 foot easement that lies 85:31 feet from his West property line, so that's the figure i that Mr. Kok should use in measuring his property. MOTION by Drigans, seconded by Langenfeld, that the Planning Commission continue the consideration of a vacation request, SAV #75-05, by Richard Kok, to reduce the drainage and utlity easement from 6 feet to 0 feet on the South side of Lot 6, Block 1, Clark's Addition, the same being 6517 McKinley Street N.F.. , until August 6, 1975; to allow time for the Engineering Department and the petitioner to agree on'how much ' of the South 6 feet easement the City may want to retain in the Southeast "corner of Lot 6, and work out a new easement agreement or Lot 8, Block 3, Moore Lake Park i 1st ..Addition. Upon a voice vote, all.-voting aye, the motion carried unanimously. 3. CONSIDERATION OF A VACAT=ION REQUES , SAV #75-07 BY VERLYN VANDER LUGT: To vacate the street easement occupying the Ea eet of property described as the South part of Tract C, Registered Land Survey No. 3, to allow the construction of a single family home. Mr. Verlyn Vander Lugt was present. f Mr. Boardman said this was an old street easement. The only way the City could use this easement would be for access to the park property but the grade on this easement would not lend itself to such access, so this was street right of way the City would never need. He said this right of way continues from Siberts Lane all the way through the property purchased by Mr. Vander Lugt. Mr. Drigans asked if this was a buildable lot and if a home could be built on it without variances. . Mr. Boardman said it was a buildable lot and he didn't think. any variances would be needed. Mr. Vander Lugt said that if the street right of way wasn't on Mr. Sivert's property, he had, in his purchase agreement, permission from Mr. Sivert for a 33 ft. easement to his property. Mr. Harris said that if this easement was necessary, he should have a legal document drawn up by an attorney, and file this along with his deed at the County. He said the City should have a copy of it also, in case an emergency vehicle would ever have to get to his property. i I Mr. Boardman said the Engineering files were locked up so he was unable to get a copy of Registered Land Survey #3. He said that if 'this street right ,of way was on Mr. Vander Lugt's property, he felt that it went air the way through on Tract C. j f Mr. Vander Lugt said he was certain that the 66 foot easement went through Mr. Sivert's property, because after the last Council meeting he had stated that he thought he would a'sk for a partial vacation of this right of way because his water supply was on this easement. Planning Commission Meeting - July 23, 1975 Page 6 1 B l Mr. Drigans asked if there were any other easements on this property other than the street right of way? He asked how services were provided? Mr. Boardman said the } street right of way could be used for utility easements if services ever became avail- able in this area. a Mr. Harris asked how sewer and water were handled in this area. Mr. Boardman said that sewer and water were not available for this area, and they were all on- r land systems. Mr. Harris said he didn't think that the Metropolitan Waste Control Agency would allow that type of system any more. Mr. Boardman said that all the property in this area had on-land systems. He said the lot size of Mr. Vander Lugt's ; property was sufficient to qualify for this type of system. MOTION by Scott that the Planning Commission recommend to Council approval of the vacation request, SAV #75-07, by Verlyn Vander Lugt to vacate the street easement occupying the Easterly 66 feet of property described as the South part of Tract C, Registered Land Survey No. 3. Mr. Harris said there should probably be a stipulation on an easement being granted on the other portion of Lot C, if this was not street right of way. Mr. Boardman said that if there was street right of way on Mr. Vander Lugt's property, he was sure the right of way was on all of Tract C. Mr. Harris said this could be ironed out before this went to Council . Mr. Drigans said he thought they were moving too fast on this request. Mr. Boardman said that the fact that there was going to be an on-land system on this property was nothing that should concern the Planning Commission on the vacation request, because this met the State requirements and had already been discussed by the City Council . He said the street right of way that Mr. Vander Lugt wanted to vacate was street right of 'way that the City would never need, and if there was not street right of way on the balance of Tract C, it was in the purchase agreement that access would be granted, and this could be worked out legally if it was necessary. THE MOTION DIED FOR LACK OF A SECOND. Mr. Scott said there were no utilities going to* this property. The City has agreed in principle to provide service to the unimproved portion of the road going into this property, that was plowing this road in the winter time, even if it was - not improved. He said the only thing the Planning Commission was doing by not granting this vacation request was denying the person to build a house. He has met every other criteria in the work, that any other bureaucratic organization could confront him with, and he has overcome them all . The only thing that was stopping him from building his house was the fact that he couldn't build it on an easement. He said he thought they were placing an inordinate burden on the purchaser of this property and that Mr. Sivert had cooperated, the neighbors had cooperated and the petitioner had been to several Council meetings to iron out all the small problems on this property. The only thing that was keeping him from building a home and living in Fridley was the fact that we want to keep an easement that will never be used, by staff's testimony. Mr. Bergman asked if there were any other people present who had an interest in this request. There was no response. Mr. Scott asked Mr. Boardman if he was correct in his assumption? Planning Commission Meeting - July 23, 1975 Page 7 1 C i Mr. Boardman answered that he couldn't see any problem with vacating the street easement. There was absolutely no tie on that property. We cannot use that street easement because the grades are too steep to use it .for access to the park property. It was actually a street easement that had no purpose. Mr. Bergman asked if it was a normal practice to have easements retained for utilities on property. Mr. Boardman said it was, but on these properties, utilities were provided by the property owner. He said that in this area, Tract A was park property. Tract C, D and E already have homes built on them. Tract E could be served from Central Avenue, if utilities were available. Tract C and D could be served from Siverts Lane. Mr. Boardman' said that if utilities ever did -go into this area, the easement on Mr. Sivert' s property could serve Mr. Vander Lugt's property. Mr. Drigans told Mr. Boardman that this particular parcel of land had been under discussion some time in the past-year, but he didn't recall the circumstances. Mr. Boardman said it was discussed in the Park and Recreation Comprehensive Plan. Mr. Drigans asked what the original .purpose was for this street right of way? Mr. Boardman said it was there in case this area was *ever platted. Mr. Drigans said that if -this area was platted, then how would we get access? Mr. Boardman said through the developed portion of Siverts Lane. He explained that Parcel 500 was tax exempt property, which was being held by the County for the County. Parcel 900 was in trust with the State of Minnesota, which was also being held for park property. Mr. Scott said that even if this was developed into a grandiose park they still couldn't use this easement for a road because of the steep grades. MP. Drigans asked how the City got access to Parcel 620. Mr. Boardman said that at the present time they had access from old Central . He said this access was rather limited because this was such a wild area. Mr. Boardman said the only privately owned property in this area was Parcel 1300 which was owned by Floyd Foslien, so there were other access points available. Mr. Vander Lugt said that neither the realtor or himself were aware of this easement on the property when he purchased it. That's why he was so sure that this 66 foot easement was on all of Tract C. Mr. Drigans asked what would happen if an ordinance was passed where everyone had to hook up to City sewer and water? Mr. Boardman said that this wouldn't affect this property unless the City put in services for this area. The people in this area couldn't comply with such an ordinance because there were no services available. Mr. Drigans said that he felt this was part of the problem. If we can't tell people in this area when services would be available in future planning for the City, this should be resolved. .. Mr. Bergman said he thought the Planning Commission had discussed several points that were pertinent to this vacation, and he also thought they had discussed a lot of points that were not necessarily -germane on this particular piece of land. He said that the problems with Tract C were relatively immaterial to this particular request. Planning Commission Meeting - July 23, 1975 Page 8 1D MOTION by Bergman, seconded by Scott, that the Planning Commission recommend j to Council approval of vacation request, SAV #17.5-07, by Verlyn Vander Lugt, to vacate the street easement occupying the Easterly 66 feet of property described as j the South part of Tract C, Registered Land Survey No. 3, with the stipulation that a, the petitioner and the City Administration clarify the street dedication South of 69th Avenue N.E. before this goes to the Council. Mr. Scott said the City has agreed in principle to provide the services that we generally associate with an improved street, not to maintain this road, but to plow it, and the people can contract with the City to repair this street, to keep the street open. Mr. Drigans asked what he meant "in principle','? Mr. Scott said it was City policy not to maintain anything but an improved road. There had been a public hearing for improving this road, but the residents of the area stated that they did not want an improved road in this area. They have been maintaining. it themselved. Therefore, the City cannot legally maintain this road. One of the Councilmen said that due to the nate;-e of the area, they would not improve the road, but they would run the plow through there. Mr. Scott said that all the neighbors were in agreement with this whole concept. ' Mr. Drigans said that the right of way only went to Mr. Sivert's property. Mr. Scott said it went all the way down on Tract C. In fact, he thought Mr. Siverts was thinking of asking that this right of way be reduced from 66 feet to 33 feet on his property. Mr. Drigans said then he had been misled. He thought the right of way ended at Tract F. Mr. Boardman said the road was improved through Parcel F, but the road easement continued through Tract C, alth.ough he had nothing to prove this with at this time because the files were locked. UPON A VOICE VOTE, ALL VOTING AYE, the MOTION carried unanimously. 4. CONSIDERATION OF A VACATION REQUEST, SAV #75-08, BY LEO LEMKE: To vacate 47th Avenue N.E. between 3rd Street and University Avenue, and vacate the 12 foot alley between 46th Avenue N.E. to 48th Avenue N.E. , all located in Blocks 8 and and 9, Plymouth Addition, to allow construction of a single family home on Lot 30, Block 9, Plymouth Addition, the same being 4687 3rd Street N.E. Mr. Leo Lemke was present. MOTION by Langenfeld, seconddd by Bergman, that the Planning Commission receive letters from Northern States Power Company and Northwestern Bell Telephone Company stating that they have no objection to the vacation request, but wished to have a 12 foot utility easement retained in the alley, and a letter from Minnegasco stating that they have no objection to this vacation request as they have no services in the alleys. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Boardman said the petitioner had requested the vacation of 47th Avenue in 1969, but at that time the City Council denied the request because they didn't know if there would be a use for the alley at that time. He said that there was a report from Tom Colbert, •Assistant City Engineer, which states that the City Administration had no objection to this request, but that a drainage and utility easement would have to fie retained over the North 23 feet of the South half of 47th Avenue due to an exist- ing R.C.P. storm sewer located 13 feet South of the center line of 47th Avenue, and "TWI (Official Publication) CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on September 15, 1975 in the Council Chamber at 7:30 p.m. for the consideration of the follow- ing matter: Consideration of a Vacation request,SAV No.75-07,by Ver- lyn Vander Lugt,to vacate a 66 foot street easement occupying the Easterly portion of the South part of Tract C, Regis- tered Land Survey No.3, (Par- cel 260) an unimproved section of Siverts Lane,all lying in the North Half of Section 13,City of Fridley,County of Anoka,Min- nesota. Generally located South and East of the intersection of 69th Avenue and Central Avenue N.E. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. WILLIAM J.NEE Mayor (Aug.27&Sept.3,1975"B6 OFFICIAL NOTICE. CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue North(.3st on September 15, 1975 iii t-he 000111C111 Cha liiUer at 7:30 P.M. for the consideration of the following matter: Consideration of a Vacation request, SAV #75-07, by Verlyn Vander Lugt, to vacate a 66 foot street easement occupying the Easterly portion of the South part of Tract C, Registered Land Survey No. 3, (Parcel 260) an unimproved section of Siverts Lane, all lying in the North Half of Section 13, City of Fridley, County of Anoka, Minnesota. I Generally located South and East of the intersection of 69th Avenue and Central Avenue N.E. Anyone desiring•• to be heard with reference to the above matter will f be heard at this meeting. i tJI LLIAM J. NEE MAYOR Publish: August 27, 1975 September 3, 1975 The Minnesota'Gas Company has no facilities within the above described•street easement and has no objection to its vacation. liam R. Schram Real Section THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF SEPTEMBER 15, 1975 The Public Hearing Meeting of the Fridley City Council of September 15, 1975 was called to order at 7:38 P.M. by Mayor Nee. i PLEDGE OF ALLEGIANCE: ' Mayor Nee welcomed those present at the meeting and invited them to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Mayor Nee, Councilwoman Kukowski, ' Councilman Breider, Councilman Starwalt. t MEMBERS ABSENT: None. PRESENTATION OF AWARD: YOUTH ACHIEVEMENT AWARD - KAM METCALF - YOUTH PROJECT COMMITTEE Mayor Nee called Ms. Metcalf forward and explai •�d she was not able to continue her duties on the subcommittee because she was going off to college. He read the . certificate aloud and presented and thanked Ms. Metcalf for her contribution. ADOPTION OF AGENDA: Mayor Nee said he would like to discuss the possibility of issuing Mine licenses in the City. Mayor Nee said Mr. Glen Wong had asked him the possibility, and with l recent legislation, he felt this may be possible. z MOTION by Councilman Breider to adopt the agenda with the addition of discussion concerning e the issuance of Wine licenses versus liquor licenses. Seconded by Councilv.,oman. Ku kowskl. Upon a voice vote, all voting aye, Mayor Nee declared the motion carriad unanimously. g 4 PUBLIC HEARINGS: , f PUBLIC HEARING ON VACATION QUEST SAV #75-07 EY VERLvN VANDER LUGI, TO VACATE PORTION s; ° OF SIVERT5 LANE STREET EASEMENT: . The Public Works Director explained the request to vacate the easterly 66 feet of street easement on the south portion of Tract C, Registered Land Survey No. 3. He explained the area to be south of 69th Avenue and east of Old Central: He said the s. request is made to allow construction of a single family dwelling. The Public !•forks director further pointed out that the Planning Commission had rccommended approval of the request with the clarification to be made on the street dedication south of 69th Ave. The Public Works Director briefly explained the vacation would. be needed to allow f. placement of the house on the lot along with the installation of the orivate cesspool t � : and drainfield and well systems. He said also that this vacation woald be necessary to improve the property without destruction of the terrain, The Public Works Director indicated Mr. Vander Lugt was present to Enswer any of the Council 's questions. The Public Works Director stated that this cascment was the principle easement and access to Rice Creek and now it would be possible to gain access from the Park on Old s Central or obtain a conveyance on the lot to the east which is currently tax forfeit and $ �. being held for the open space plan. 4 Councilman Starwalt questioned the meaning of the stipulation recommended by the a Planning Commission. The Public Works Director said there was some confusion on where the roadway was located and this had been clarified. Councilwan Starwalt questioned § ; ; 1 if it would be logical for the person who owns the adjoining eas'?ment on the North of Tract C also vacate the easement at this time, the P+,blir, 'v;orks Director said there had Y: been no application for this type of vacation at the present time, fie men l oned the owner of the property vzould have to follow the due course of action. Councilman Starwalt asked what the City's obligation would be for the ;iiait,i.enance of the ro:ajway in this area.. a The Public Works Director said the area is being plowed nor, only to the end of Outlot F and this will continue after the vacation. 'L 92 PUBLIC HEARING MEETING-OF SEPTEMBER 15, 1975 PAGE 2 is l Councilman Breider asked how the access to the property would be gained if the easement is vacated. The Public Works Director said the adjoining property owner is agreeable to the petitioner obtaining a driveway easement. it Mr. Ing Siverts, 6850 Siverts Lane, addressed the Council and indicated he was � . the adjoining property owner and is in favor of the vacation. Mr. Verlyn Vander Lugt addressed the Council and stated that the Public Works Director had expressed his feelings in the matter and he had nothing to add at this time. Ei Councilman Starwalt asked how soon the applicant would begin construction after the approval of the vacation. Mr. Vander Lugt mentioned that he had no plans to build at the present time. He said he was in the process of acquiring the property for building or future development and as an investment. He said he would like to have all of the bugs out of the proposal before final purchase is made. He said if the easement is not vacated, there would not be adequate area to build on the property with the construction of the ` private drainfield and well. A question was raised concerning the ownership of the property currently, and whether 6 the current owner was in concurrence with the vacation. The Public Works Director said the owner Mr. Berstein had signed the application for vacation of the easement. MOTIO1.' by Councilman Sta malt to close the public hearing. Seconded by Councilwoman Kukowski . Upon a voice vote, Mayor Nee declared the motion carried unanimously. g The City Manager asked the petitioner what the least amount of area would be that F would allow the construction of the house. He said the registered land survey had been prepared for this area with the concern to allow the access to the dam and creek area and he questioned the City relinquishinq any more property than is necessary for the t construction. He said with the area in the easement, this would be almost a complete building site in itself. Mr. Vander Lugt explained the layout of the parcel of property stating it is 8/10's of an acre which seems like a large parcel, but due to the elevation of the ground there is a minimal amount of land that is high enough to allow the septic t system. He stated to allow enough area for the house and the private systems, the entire r easement would have to be vacated. He explained this consideration was based on informa- tion from the Comprehensive Health Department of Anoka County. i. 1 The City Manager said if the City is not able to obtain the easement to the east the park property would not have access. He said there should be some reasonable l compromise. Mayor Nee questioned if the City Manager was indicating if the easementisvacated, that the City may not have anyway of getting into the park. The City Manager said the easement currently being discussed is the only legal access that the City has at the present time. The City Manager said maybe the petitioner could live with the vacation of only 33 feet of the easement. Mayor Nee questioned the grade elevations and asked if it would be possible to drive to the creek area on this easement. The Public Works Director said the area is : very steep and it would be quite difficult to get through the area. Mayor Nee commented that he thought the City was sure that the easement would not be needed. The Public Works Director said there would be no problem in obtaining the easement from the County , on the tax forfeit property to the east. He said this would only involve some paper work. He mentioned that if there was a need for access to the creek, this would only create a jog in the access. Mayor Nee said he thought it was very serious the way people could not get into this park unless they walk in. The Public Works Director mentioned that the area is quite , natural and wild. He said the construction of a road would be very difficult and very expensive. He-said the City would be able to start the process of obtaining the easement ' and it is only a paper work process. Mayor Nee asked if the County would charge the ; City for this portion of the necessary easement. The Public Works Director said he had not acquired the property, it is still in the hands of the County. He said the paper work could be started. Mayor Nee asked if the parkinq for the park be on parcel 500, The Public Works Director said yes, this parcel would allow fcr parking and access, The City Manager said he would suggest that the applicant put the layout of the house on the land on paper which would show the placement of the house and the trees, He again questioned if the applicant would need the entire parcel vacated. PUBLIC HEARING MEETING OF SEPTEMBER_ 15, 1975 PAGE 3 , i I Mayor Nee asked if the hearing could be closed at the present time and the City , i Manager said he could see no reason for the hearing to be continued. He said the p 1 matter could be brought back to the Council with the additional information. Mayor Nee asked if the matter could be brought back the following week and the City Manager said potentially yes. PUBLIC HEARING ON VACATION REQUEST SAV #75-08, BY LEO LEMKE, TO VACATE PORTION OF 47TH_ AVENUE, AND LLEY E SFMENT IN PLYMOUTH DDITION. I . The Public Works Director mentioned the area to be vacated to allow the construction of a single family dwelling on the southeast corner of 47th and 3rd. He explained that the Planning Commission recommended approval of the request with stipulations concerning . acquisition of drainage and utility easements. He said there had been no objections to the vacation from any of the residents of the area. He also mentioned that the utility E companies had been contacted and they have no objections to the easement as long as certain easements are maintained. s. The City Manager said the proposed lot would not meet the 75 foot frontage require- t; if it would be possible for the petitioner to ments of a building site. Mayor Nee asked purchase a portion of the vacated easement to the south. Mr. Lemke said he had not talked to the adjoining property owner on this question. Mayor Nee said if Por. Lemke would purchase all or a portion of the vacated eass•,ent, there would be enough frontage. Mayor Nee questioned if the applicant would need a variance for the frontage. The Public Works Director pointed out that if a plat was approved before 1955 and i the lots would be below size, they would be buildable without this type of action or r variance. Councilman Fitzpatrick asked if the person adjacent to the easement is aware that she is going to acquire additional land through the vacation. The Public Works Director said the owner had received notification of the hearing. Councilman Fitzpatrick mentioned with the vacation of the street, the parcel would not be a minimum lot. Mayor Nee said legally, the additional property would not be needed. The City Attorney said this is true. The Public Works Director said the precedent of the area had been set by the majority of the building sites being 80 feet wide. The City Attorney commented that the site adjoining would be 110 feet wide if they vacated the easement. He continued to 4 comment it may be helpful to both of the property owners if they would come to some i agreement. ; Mayor Nee explained the procedure for the vacation of the easement and asked that s the petitioner contact the adjoining property owner and determine if it would be E possible to acquire additional property. The City Manager mentioned that the City Council had mentioned that there is.a shortage of open land in this area and asked if the City Council would like to look at this land for some public use. He said he wanted to be sure that `h� Council had h discarded this idea before vacating the easement. He said it may ;ossible to create €: e a tot lot or something like it. He thought if this was the case, ;:ould be better to bargain before the property is vacated and better to acquire than cher parcels. Councilman Fitzpatrick mentioned the easement in this area is for a roadway and the City would have to acquire the right to use the parcel for some other use. Mayor Nee said the point the City Manager is trying to make is that this acquisition of use would be much cheaper than the outright purchase of other property. The City Manager mentioned that the owner of the newly created building site " would be charged for water and sewer rates, since this had not been taken care of in >; the past. He suggested that the petitioner prepare to have at least $1,200 additional .; financing. Mayor Nee said they would have to also pay for the service connections, \ MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:14 P,M, I Councilman Fitzpatrick mentioned that the petitioner should get in contact with the adjacent property owner and check into whether or not it will be possible to purchase additional property. He asked that the applicant call him and inform him of i this matter. It was the consensus of the Council that Councilman Fitzpatrick notify ' PUBLIC HEARING MEETING^OF SEPTEMBER 15, 1975 PAGE 4 the Administration when this item was to be considered for first reading. PUBLIC HEARING ON VACATION REQUEST SAV #75-05, BY RICHARD KOK, TO VACATE DRAINAGE AND UTILITY EASEMENT LOCATED AT 6517 MCKINLEY STREET, N.E. i The Public Works Director explained the area proposed for vacation as the westerly portion of the drainage and utility easement or 85.36 feet on Lot 6. He said there is not sufficient area to allow access to .maintain the easements in this area because of the encroachment of the garage on the existing easement. Mr. Sobiech mentioned that Mr. Kok was present to answer the Council 's questions. He said there had been no objections to the vacation of this portion of the easement, but the re- mainder of the easement on this side of the lot would have to be maintained to allow the easement to be continuous in the block. He also mentioned there is a low area and if in the future this would have to be drained, this easement would have to be retained , to satisfy this property owner. � t j The City Manager asked how much the garage encroached into the easement and the Public Works Director said about 1 foot. The City Manager asked why not only 1 or 2 feet of the easement would be vacated at this time. Mayor Nee responded if the City does not need the easement, why not vacate all of it. The Public Works Director said there is no need for the City to retain the entire easement. The City Manager asked f where the st. rm sewer was available. The Public Works Director, explained that this is on McKinley and the northwest corner of Mississippi. The City Manager said this ease- ment was only six feet. The Public Works Director said the easement to be used was six r feet with the addition of six feet on the other adjoining property or Lot 8. I Councilman Starwalt said this would provide a 12 foot easement all .the way to Mississippi Street. MOTION by Councilman Starwalt to close the public hearing. Seconded by Council- woman Kukowski. Upon a voice vote, all voicing aye, Mayor Nee declared the motion ti carried unanimously and the public hearing closed at 8:31 P.M. ti PUBLIC HEARING ON VACATION RE VEST SAW #75-09, BY F_RIDLEY ASSEMBLY OF GOD CHURCH, TO VACATE DR NAGE AND UTILITY EASEMENT, LOCATED AT 472 OSBORNE ROAD N.E. The Public Works Director explained the request to vacate a utility and drainage easement which lies between Lots 1-5 and 8-12 of Block 1, Osborne Manor, 2nd Addition which will be moved to the new property line. He explained that there is also a lot split being considered by the City, Mr, Sobiech said there are no objections +' on the part of the City to this request, He also explained that they had received letters indicating they had no objections to the vacation of the easement if the new 12 foot easement was made available. There were no objections from the area residents. p Mayor Nee asked if the lots are not currently split and questioned if the current r j hearing was premature, The Public Works Director 'said the items would be brought back to the Council for consideration concurrently, ' { Councilman Breider questioned the current status of lots 8 through 12. The Public Works Director indicated that the petitioner is in the process of purchasing the portion of these lots. Councilman Breider asked the status of the lots south of the easement. The Public Works Director said the hospital would still own this portion of the lots. Mayor Nee asked if the portion of 76th Ave. adjacent to the lots had been vacated and the Public Works Director said yes. Councilman Breider said these lots would be a part of the hospital property and the Public Works Director said yes. The City Attorney mentioned.the only lot with access is Lot 7 because of the vacation of the street. The City Manager suggested if the City Council is going to approve the split and vacation that the parcels or lots be combined to form one parcel or Lot, He also m mentioned that there is a low portion of property owned by the Church and he would like '' the drainage problems in this area to be solved. The Public Works Director indicated that he had not seen any improvement plans for this property. The City Manager said this point should be checked to allow the City to be clear on this point. The Public Works Director said there is a catch basin on the south side of 76th at 5th that could be made use of. There was additional discussion on the placement of the utilities and use of the area improvements, A representative of the church questioned if the grading could begin at the present time. He explained the adjacent hospital property was graded and this left a 15 foot drop from the churchproperty to the hospital property and they would like.to begin moving the sand. The City Manager said the City Council would be able to give an indication on the approval the coming week., Mayor Nee asked if this would be sufficient time. The representative mentioned that the work would be done by someone in the Church and he mentioned the possibility that he may not be available after the coming week. ! s 32 REGULAR COUNCIL MEETING OF AUGUST 4, 1975 PAGE 6 i I voting aye, Mayor Nee declared the motion carried unanimously. A REQUEST FOR A VARIANCE OF SECTION 205.053, 4B, FRIDLEY CITY CODE, TO'REDUCE THE SIDE YARD SETBACK. FROM 10 FEET FOR THE PURPOSE OF CONSTRUCTING AN ADDITION TO AN 1 EXISTING D4lELLING LOCATED ON LOT 1, LUND'S ADDITION, THE SAME BEING 12 TALM GE WAY, FRIDLEY, MINNESOTA 55432 REQUEST BY DALE G. MINER): The Public Works Director explained the request to be for the construction of an' addition to the existing dwelling which would be 6.2 feet from the property line and will be 12 by 26 feet in size. He said the Appeals Commission had ' recommended approval of the request. Mr. Sobiech said Mr. Miner was present at the meeting to answer any questions. ! • i MOTION by Councilman Fitzpatrick to concur with the recommendation of the Appeals Commission and grant the variance as requested by Mr. Dale G. Miner. Seconded r by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A VACATION REQUEST, SAV 05-05, BY RICHARD KOK, TO REDUCE THE DRAINAGE AND UTILITY EASEMEivT FROM 6 FEET TO 0 FEET ON THE SOUTH SIDE OF LOT 6, BLOCK 1,CLARK.'S ADDITION,THE SAME BEING 6517 MCKINLEY STREET N. E.: There was no action necessary on the request at the present meeting. CONSIDERATION OF VACATION REQUEST, Sr—W,75-507, Y VERLYMI VANDER LUGT: TO VACATE TH STREET EASEMENT OCCUPYING THE EA EET OF PROPERTY DESCRIBED AS HEATH PART OF TRACT G, REGISTERED LAND SURVEY—W-3 TO LL—UTNE COIISTRUCTION. OFA SINC-LE FAItILY DWELLING: Councilman Starwalt questioned if this request should be held up to incorporate f the possible vacation request by the adjoining property owner. The City Manager explained that if this vacation was applied for, it would have to come to the Planning Commission and would take some time. He mentioned there was not need s to hold up this request_ for that consideration since the property owner was ` facing a time element for construction. < The Public Works Director explained that.the applicant had requested this vacation to allow the construction without taking,out the trees on the lot. t i Mayor Nee asked if there would be a need for a drainage easement. The Public Works Director explained the conveyance easement on the tax forfeit properties could be obtained and access could also be obtained from the park property to the west. MOTION by Councilman Starwalt to set the public hearing for September 15, 1975 for the matter of the vacation request by Verlyn Vander Lugt. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i CONSIDERATION OF A REQUEST, SAV #75-08, BY LEO EEMKI: TO VACATE 47TH AVENUE N. E. BETWEEN 3RD STREET AND UNIVERSITY AVENUE, AND VACATC THE 12 FOOT ALLEY BE EEN6TH— VENU N. E., TU 48TA AN'ENJE N. E., ALL LOCATED IN BLOCKS 8 AND 9, PLYMOUTH ADDITION, TO ALI.O'il COi•STRUCTION OF A SINGLE FAI?ILY HOME ON LOT 30, BLOCK 9, PLYMOUTH, THE SATE BEING 46£7 .3RD STREET N. E. : . . MOTION by Councilman Fitzpatrick to set the Public Hearing on Vacation request SAV 05-08, by Leo Lemki for September 15„ 1975. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. The Public Works Director mentioned that this area was talklod about by the Council for possible use for tennis courts and this had not been considered by the Planning Connission in their discussions concerning the vacation. He asked if this should be passed back to the Planning Commission for this consideration. } Councilman Fitzpatrick said he did not consider this a great location for a tennis court, but said the area is void of any other possible locations. The Public Works Director said this matter could be discussed at the Public Hearing. MOTION by Councilwoman Kukowski to 'receive the minutes of the Planning Commission meeting of July 23, 1975. i RECEIVING THE MINUTES OF TETE CABLE TELEVISION MEETING OF JULY 17, 1975: CONSIDERATION OF REVISION OF BYLAWS IN ARTICLES VI AND VII OF COMMISSION: The Public Works Director said according to the franchise, the City Council must _ _ approve any changes in the rules and regulations and bylaws of the Commission, j 1 12 9 . I . REGULAR COUNCIL MEETING OF SEPTEMBER 22, 1975 PAGE 5 OLD BUSINESS CONTINUED The City Attorney mentioned half of this fee would be $2,250,• Mayor Nee asked the members of the Council if they would like to develop an , ordinance for this type of wine license. Councilman Breider said he would like to pursue this matter and would like 1 to do so with a public hearing. Councilman Breider said he would like the people presehtly dealing in liquor in the City involved in this discussion as well as the general public. He questioned how the Council could establish the criteria without public input. Mayor Nee said it would be possible to process the ordinance and hold a J hearing on the ordinance. Councilman Starwalt said he agreed with the comments of Councilman Breider and said the liquor license holders should be involved, - Mayor Nee said the current holders would probably oppose such a license. i, r Councilman St.arwalt said he would like the Chamber of Commerce notified. Mayor j Nee mentioned the League of Women Voters also. The City Attorney said those t people holding food establishment licens^s would be directly affected by this type of consideration, c. Councilman Breider said he felt the ordinances would be basically the same r other than the amount of required seatinq capacity and the amount of the fee. The City Attorney said this may be-handled as an amendment to the current liquor license. Councilman Breider said the Liquor Control Director would have to approve the license. The City Attorney said yes. Councilman Breider asked if this would also- be true for a renewal and the City Attorney said yes, Council man Breider said he did not really think the City would control this type of license, they would only give preliminary approval. The City Attorney said he felt if the City Council approves the issuance, the approval of the Liquor Control Director would be routine. f -Councilman Breider said he felt something should be set up for the November S hearing with the City Attorney generating an ordinance in the meantime, i Mayor Nee agreed with this proposal and said the ordinance would be placed on ' the agenda for consideration of the wording and requirements, not for adoption. s MOTION by Councilman Breider to instruct the City Attorney to generate a pro- posed ordinance, r ; The City Attorney asked if the specifics concerning the fee should be left i i out of the draft. He asked if tkere should be some provisions for the bond. Mayor Nee said he felt the bond provisions should be as in the liquor ordinance. r There was some discussion concerning the fee to use for the consideration of the ordinance and the general consensus was that the maximum of 52,000 be. considered . for the initial discussions. Councilman Breider said he believed the maximum should' be considered because this type of-license would create expenses for the City such as police checks for closing time, etc. The City Attorney said the y : City has the same problem with 3.2 and liquor. Ile mentioned that the police t i - would have to check- the facilities for minors, etc, The Council discussed the minimum seating capacity to be used within the draft y a ' of the ordinance . The Council consensus was the fioure of 75 should be 'r used which is one half of the capacity requirement for liquor, SECONDED by Councilman Fitzpatrick, t s The City hlanager said he thought the ordinance could be brought back to the Council on October 6 at which time the Council could set the public hearing, f l UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried r unanimously, : d � :1 F . 1 j REGULAR COUNCIL MEETING OF SEPTEMBER 22, 1975 PAGE 6 FIRST READING OF AN ORDINANCE FOR VACATION REOUES SAV X75-07 BY VERLYN VAtlDER t : LUGT, nb VACW E-'ORTIbN -Uf SIVERTS LANE STREET FAS_ The Assistant City Engineer explained the request to vacate a 66 foot roadway C easement on the southerly portion of Siverts Lane for the purpose of construe- tion of a single family dwelling and private cesspool and well system., The ti j Assist nt City Engineer pointed out that the Planning Commission had recom!nended approval of the vacation at their meeting of July 23, The Assistant City is Engineer explained that the Administration's recommendation would be to vacate } the easterly 36 feet of the roadway easement until a more definite house plan is available to see how it would fit into the lot. He said there are several restrictive matters in this construction, one. being that the cesspool system s must be constructed 870 feet above the flood plain and also the setback from the property line. a F d Mr. Verlyn Vander Lugt addressed the Council and requested that the entire easement be vacated or he would not be able to construct a home on the property, The City Manager recommended that the City Council adopt the ordinance on first 'reading to vacate 36 feet. He said this could be amended in the future when a firm plan is submitted to the Ci-., which would point out the placemen'- of the trees, etc. He said he did not Lnink the City should°;relinquish all j rights to the easement at this time because no plans have been furnished. The City Manager said the administration is still willing - to work with the petitioner. The City Manager said at the present time, there is no need for i the 66 foot easement and in the future it may be possible to obtain an easement ' from the tax forfeit property to the east, but he could not see any reason to vacate this easement when the need had not been determined by a plan. He said this could be done when the plans come in and re-evaluated at that time. ; Mayor. Nee said if the 30 feet is retained and a zero setback is used by the applicant, the easement would be useless to the City. The City Manager said e this would not be determined until detailed plans have been submitted to the City. Councilman Starwalt questioned the petitioners progress in the purchase of the property. Mr. Vander Lugt said he was not bound to the purchase of the aro- perty if the lot is not buildable He explained the first step in this consideration was the waiver of the public utilities to the lot and secondly the vacation of the roadway easement. He said as the property stands at the present-time, there would not be enough area .to construct a home, well system i and ceptic system. He said he has planned to build a typical rambler on the lot and this would be about 75 feet long. He said one of the provisions of the state is that the drain field cannot be closer than 20 feet to the house. He said all of the systems must be constructed above the 870 foot elevation line. I He said in order to meet these provisions, he would have to cut 15 feet into t the bank and this would cut right into Mr. Siverts property. He said he would prefer to stay in this kind of sudden drop in elevations. _ The City Attorney asked if there was any reason why the drain field could not be within the easement, . Mr. Vanden Lugt said the State Code will not allow driving any vehicles over such a system.- Mayor ystemaMayor Nee said he thought this to be a question of whether or not the City needs ithis land, Councilman Fitzpatrick-said it seemed the administration, was saying i I that the City needs the land if the petitioner does not. He said if the City s needs it, it would not be vacated. He mentioned if the City does not need it, x it should be vacated and the City should not wait for additional plans to be t submitted. Mayor-flee said he thought the Administration should either say they did or did not need it, Councilman Fitzpatrick said he did not think the City t t Council should tell the man to come back to the City Council again if the City really does need the easement. `. The City Manager said the City would have the alternative of going to the east, but the City had paid for the easement and access, He.said the City s _ hal maid for this easement and all the land to the south. The City Manager r said that if the property is not buildable unless the right of way is vacated the City Council would be saying it has no value, The City Manager said this t lot is 9/10's of an acre. He said the area to be vacated is 36 by 165 feet i and this is equal to 5,900 sq, ft, and this is larger than a building site. ' - 131 t f ! S 3 ? PAGE 7 . REGULAR COUNCIL MEETING OF SEPTEMBER 22, 1975 { a OLD BUSIfJESS CONTINUED Councilwoman Kukowski said normally the City provides sewer for property owners. The City Manager said all of the lots in this area have a private r _' be possible to provide such a system from 69th. system. He said it would i uld be filled and connect the property The City Manager said the property co into the system. Mayor Nee expressed the viewpoint that after 15 years, the private systems fail. He questiodiintoithe creekuld appen The1Citythis Managerisaidthe the City4Vpoldicye pumping their systems1 is to not have ceptic tans in the City, but in this instance the City had ti i approved the private syster . Mr. Vander Lugt questioned h what more area above placements City explained��thedvarious He said there is only so much ! placements of the proposed construction of the dwelling. A question was raised concerning the ownership of the easement and the City s id the easement coul A*torney sad be used for anything that is not inconsistantsai � with the City's easement rights. Mr. Vander to raveloverit .e oHee mentionedphet is in questicn and the City tright it is nota buildable .site. He i11 bound to the purchase of the pron_rty unless explained that he would like to build his own home, but at the present time he is single and this type of home would not be needed, ; stioned how Mr. Vander Lunt would feel about the Councilman Starwalt que vacation of the 36 feet. He mentioned it would be more than he presently has J to use. Mr. Vander Lugt said he agreed that it would be more than he had now. i The City Manacer said the applicant is purchasing the property for speculative said it is possible for the City Council to deny, and it was his purposes. He 1 opinion that tthe present time, The City he need had not been determined at r ; Manager said he did not think the applicant could expect the City to vacate the entire easement at the present time and asked that some compromise could 4 E r be reached. 3 MOTION by Councilman Starrialt to-waive the first reading of the ordinance for i the vacation request by 1•1r. Verlyn Vander Lugt to vacate the westerly 36 feet and adopt the ordinance on first reading. Seconded of the roadway easement by Councilwoman Kukowski. Mr. Vander Lugt asked if he would have to stay 35 feet from the property line on this side of the house. The City Manracer said the garage would be on this Y allowable to place the garage on a sideyard side of the house and it would be f setback at five feet from the property line, s The City Attorney suagested that the ordinance read, "all that part of the r 66 foot street easement lying on the %.resterly side of the easterly 66 feet". f�°ayor Nee declared the motion carried UPON A VOICE VOTE, all voting aye, unanimously. Mayor tree asked if the variance would he aper° of the second iddhetthe felt the eCouncil should P City 'Manager s� The C nce . T Y reading of the ordinance. e approve the side yard setback to five feet on the cara4e side of the pus + so that the applicant will not have to a.tterd another Council meeting. ; Councilman 8reider said being this is the side yard, he did not feel the applicant would need a variance to construct the garage at this point. f Councilman Fitzpatrick said a variance �:ould not be needed for this construction. 5 NEW BUSINESS: , CONSIDERATION OF FIRST READING All EVACATION, REQUEST EA EMKE, TO VPTEPORTION OF47i11AVENU . ANDALLEEASEJT 1NPLYOUTTH BY LEO L ADDITION: s 4 i 4 J f i I 1 THE HONUTES OF THE REGULAR FIECTING Of-- THE f'RIDLEY CITY COUNCIL OF OCTOBER 6, 1975 The Regular Meeting of the Fridley City Council of October 6, 1975 was called to order at 7:33 11.14. by Mayor Flee. PLEDGE OF 'ALLECIANCE: Mayor {lee ,•relcoaled those present at the meeting and invited them to.join the Council in saying the Pledge of Allegiance to the Flay. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Mayor Flee, Councilwoman Kukowski , Councilman Br eider, Councilman Star,•:alt MEMBERS ABSENT: None ` APPROVAL OF 141NUTES: MOTION_ by Councilman Starwalt to adopt the minute,, of the Public Meet:incl of September 1J, 1975 ZIS St,LAl11{iC'd. Scc011dc'd by COM11' 15IMIE11'1 Kukowski. UpOil a voice Tote, all voting aye, FSayor Nee declared the motio;i carried umanrirrousl•y. ADOPTION OF AGENDA: Ifi0TI01 by Councilwoman Kuko--:rski to adopt agenda with the addition of a letter from Frank's Tree Service, as requested by Councilman Starwalt. Seconded by Councilman Stan•ralt. Upon a voice vote, all voting aye, Mayor Nee declared the. motion carried unanimously. OLD BUSINESS: 0. ,'.:E,Sn - COir'S1D�R!1TIO{1 OF SECO''D RE.',DING OF AN ORDTi.'A{`10E FOR VACATIOF,I REQUEST 5-Q7, 1-ERLYN VANDrR LUGI ,. 10�'AC;TE I'0��11.Cr�d OF S1�'E{t1S LANE STREET ttSt: ir�odT.— e ublic {tor{;s Director commented that the 0rdinar;ce x`594 was changed as requested at first reading, to change 66' to 36' to be vacated. The City F:anager said •ghat it should read the {lesterly 36' of the easterl,Y' 06' . MOTION was made by Councilnran Starwalt to adopt: and publish .Ordinance 1594. Secended . by Councilvranlan Kukowski. Upon a voice vote, all voting aye-, Mayor Nee declared the motion carried unanirllouSly. ORDINANCE 1'.'595 - CONSIDERATION OF SECO14D READING OF ORDJ14AFiC, FOR VACATION REQUEST SAV i -03 dY Lf_0 LL{i,.F, TO tACi�T� PORTIO„ OF-;7TH AVE. NO) ALLEY EASE"IENT IN 1'LYI 0U1T /1l?j f! ON- r FIOTION 'by Councilman Brcider and seconded by Councilman Starwalt to waive the -second reading and adopt and publish Ordinance x'595. Upon a voice vote, all voting aye, Mayor Flee declared the motion carried urlanillrously. ORDINANCE J 59G - C0?1SiDERATION OF SECOND READING OF ORDIFIANCE FOR VACATION REQUEST. SAV a"'75-_W� ' BY RICHARD 1,01" 10 VACi1T1- URAINAGr AND 1i11LITY FN'S' IENIT LOCATED AT • Chill-IiC K11JLF 1'- Sli'iET, N.E. ---- -------"'-- AND ORDINANCL 597 CONSIJ�`{tAf Oi; OF APPROVAL OF LOT SPLIT REQUEST L.S. x'75-05, BY FRIDLEY ASSEI.ILLY OF 1IOT10% by Cotnhcilman Bre"ider to waive the second reading and -to adopt Ordinance ,'597 iinclorder• publication. Seconded by Council!nail Fitzpatrick. - Upon a voice vote, all voting aye, Mayor {dee declared the motion carried miallimously. 110T10`1_ by Councilman Greider to approve l.oti Split, seconded by Councilman Starwalt. Upoil a voice vote, all voting aye, Mayor Nee -declared the motion carried unaniwou,ly. � a COUNTY OF ANOKA, STATE OF MINNESOTA OFFICE OF THE COUNTY AUDITOR CONVEYANCE OF EASEMENT OVER TAX-FORFEITED LANDS FOR CERTAIN PUBLIC PURPOSES Issued Pursuant to Minnesota Statutes 1951, Section 282.04(4) THIS INDENTURE, made this day of , 19 , between the State of Minnesota, as party of thefirst part, and party of the second part. WITNESSETH: WHEREAS, the Board of County Commissioners for the County of Anoka did by resolution on the day of , 19 prescribe the terms for the conveyance of an easement for certain public purposes over certain tax-forfeited real property situate in the County of Anoka, State of Minnesota; NOW, THEREFORE: The undersigned County Auditor for and in behalf of the State of Minnesota, for and in consideration of the sum of Dollars, in hand paid, receipt of which is hereby acknowledged, does hereby grant and convey unto the party of the second part .an easement for - purposes over the tax-forfeited real estate situate in the County of Anoka, State of Minnesota, described as follows: 1 Said easement is subject to the following terms: and such other conditions as stated in Minnesota Statutes 1951, Section 282.04(4). IN TESTIMONY WHEREOF, the State of Minnesota has caused this easement to be executed by the County Auditor of Anoka County in the City of Anoka, County of Anoka, and State of Minnesota, the day and year first above written. Charles R. Lefebvre, County Auditor County of Anoka, Minnesota In Presence of: STATE OF MINNESOTA) ss. COUNTY OF ANOKA ) _ On .this day of 19 before me personally appeared Charles R. Lefebvre, Anoka .County Auditor, to me known to be the person who executed the foregoing easement in behalf of the State of Minnesota and acknowledged that he executed the same as the free act and deed of said state pursuant to the Statutes in such case made and provided. This instrument was Drafted by: Robert W. Johnson Anoka County Attorney Anoka, Minnesota 55303 r , ORDINANCE NO. 594 ( AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does ordain as follows: SECTION 1. For the vacation of a portion of a street easement described as follows: ' All that part of the 66 foot street easement described as being the westerly 36 feet of the easterly 66 feet of Tract C, Registered Land Survey No. 3, Anoka County, Minnesota, except that part of Tract-C, Registered Land Survey No. 3, Anoka County, Minnesota., lying northerly of the following described line, to-wit: Beginning at a point on the easterly line of said .Tract C, distant 200 ret southerly of the most southerly corner of Tract F, of said Registered Land Survey; thence northwesterly to its intersection with the westerly J.i.ne of said Tract C, said point of intersection being a distance of 217.79 feet southerly of the northwest corner of said Tract C and. there terminating, according to the recorded plat thereof all lying in the North half of Section 13, T-30, R-24 City of Fridley, County of Anoka, Minnesota be and is hereby vacated. SECTI0N '2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended.- PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF OCTOBER 1975. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: September 15, 1975 First. Reading: September 22, 1975 Second Reading: October 6, 1975 Publish. . . . . . . : October 15, 1975