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SAV83-01 4/8 p 419 L ('1/2 Z GC. 14 _ CITY OF FRIDLEY, SUBJECT ZONING ACTION ZOA # �O 6431 UNIVERSITY AVE. NE. VACATION C9D# v 3_V FRIDLEY, MN. 6543E (612),571-3450 PLAT PS ORDINANCE NO PUBLISHED ADDRESS PLANNING COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL: PUBLIC HEARING DATE 1ST READ 2ND READ CITY COUNCIL: APPROVED DISAPPROVED DATE NO PARK FEE REQUIRED: AMOUNT PAID STIPULATIONS: / 7 �` k NAME L � ti/��ti'C�" L-//`��''IE�E'/�/�� FEE I,i, R�✓e RECEIPT NO STREET LOCATION OF PROPERTY �� LEGAL DESCRIPTION OF PROPERTY 167'1 k,,11 O)P e/ 7 /3 s 4 s A< / PRESENT ZONING CLASSIFICATION'-3 EXISTING USE OF PROPERTY � ,'lG vc'siC/ 5 ACREAGE OF PROPERTY 7d'GG4_'� DESCRIBE BRIEFLY THE PROPOSED ZONING CLASSIFICATION OR TYPE OF USE AND IMPROVEMENT PROPOSED /a., �-f �fv�e� �' �CaI`/on 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 proper- ty within 350 feet must be attached to this application (rezoning) , 300 feet, (plat- ting) , must be attachdd to'this application. ' (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresss of all residents and property owenrs of propprty in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of the proposed structure on the lot. 3. Dimensions of property, proposed structure, and fron and side setbacks. 4. Street names. 5. Location and use of adjacent existing buildings (within 350 feet) . The undersigned hereby declares that all the facts and respresentations stated in this application are true and correct. DATE a?-c) &93 SIGNATURE ADDRESS . . TELEPHONE NO x iv ep y73- �S% ,{� r¢Y ✓. t X z.. � �� a�.`��rz�.s•R Eta �'` N - T � � ti 46 ME � ^yq -41 �✓,�nt��' y� Vie:. t 'x✓�, +'��r w.=�r ..+ x� � v s�°� 3`agp�, �t}x ,,,�,,.:•. '-3'"�J � .w�^ ^"Y' � h'.. �'� .f .; � f { ''.�' '� '"arm"� i�2u�� i '-� •: sed'. +.YS i-E` t ...�" 'q;.+ q'�, r _� u ✓ a2`W„��. .'Som fi7 � z" { .'y -ca t k rani Y y r '�MaSnM�- 3 f{ iYf -y- - E � � �, �'J S�.:~is�; � `f�7�5�°` �"4 n w } ,,• �."� au•. �, .R� � �� ,�.,,.,- ,4.,� N+. r !� .f f �'z; ''�a'- n � 8�Z�r .t• 4 f,r,, ,� Y - '.��v � F`�.r�r�,s�� i� �� ' 9�� ' 4 `�.X y t �k'q�.; z +�''.y35' K ,a - � Nn:,•. asz. 't s r a � � �'��' ��°�✓r�r ".m:c�c Wr� � � rn y: ] '{ Yea` ".•-b y 5 m` F� AIR yy�; z 3' i t se- t �`,L��x_;" 3.: � '�� M„ ��,�>,�5j &'�i, A•�p�t� ['�� l..�c.v � � ��`y �� p��- . a �` �,-��. „1'` ,'rP'z��' � "5 aX, .w ':o,w�� yay��3 r F rr tE �•s�T��,,�'' � .� r` ..� ..� ^ w-._ _.. � . -r�.�JF s..r_. 4'k Y"7 c,.rs,�Y��i� r✓w,y.. r 2 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 Monday, July 11, 1983 in the Council Chamber at 7:30 P.M. for the purpose of: Vacation (SAV #83-01) requested by Petition No. 4-83 described as follows: The easterly 130.70 feet of 54th Avenue between Block 12 and 13, Hamilton's Addition to Mechanicsville. All located in the South Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 5380 and 5400 4th Street Northeast. Anyone desiring to be heard with reference to the above matter may be heard at this time. • William J. Nee Mayor Publish: June 21, 1983 June 28, 1983 T., .1421 ! Nf KsV cc1T!►Y TWAT TWO* OURYWY. ►LAw. OR "a -(--4T M!•! ►Rt►ARCD •i' Yi !,R 4Nr•R my Of"WC'T •U►[MY'V-- AMO TWAT ! A CUIr RIf4!§TCM%0 LANG •'_'Ryt�0• UNO<R TOIL t.AWR nw Tyw ATokr'( n• —.N W MTA E SCALE I ' - Xld MINNE5Q7' RF--.STPATInN NO 5332 - 'F?CN V 0N1� tVr-"14T 4#7 PAO 9,I105o.C'T. ��M O• _ � Pp Ow v CO Ao � ~ / • +, 4V U IV 0 pp ie It y. ; O 49 N o a gn ti 'v� ,. O _ se �N. o,z?v sE .; k , x�i: o- Y •I� � ~� � � -01 IIV 47 CIS k.L �. • #.4 f vt AW �� .,,s �a 3;..,,. �: '' ,.+.. � .•,� .:`' `x,"1'1 _ ".'-¢� "`� a w.rR e i<• .w # yr "` .F.•! x is =•• * `�,. i y Ry y3 iC �1 gym '' 1e` x i �� is N ',"`d'—`s;` .. R ,-.#�fl` ` ems.. .. � "!"t.�•¢-a* � �ok'� .a r a, ' 'S{.. ''- s t � •vim y g .V e# ��:�•.•` � '9� ! � ?.�a y� . Mo ./'�'+wQ'yf#� fy'' yE i ,�.4'°ry"h�" •R ' 7 ,*�f' �+'1 "3�._'.di+�'t': •.s'k� � _ :�&'.`;",Y.3•� +'::"'#'i►.,�,,.r/b��' .~,�.e•Ilx �'F r .�:i�� I_"� `"C�'r �9' .,'7#'�i,. „ty' '� 1 F ,�^ y� '�.��° a 'd'_� Awi AMu•f�•R ,tx!x•.-�" W ¢ti�'.: �� i1�4:� Y"#'�` �� 0 7r3f t s A 9 ..� ?{�y 4E TjR ` * fes• p t t fi� M t'70 j . �. �� ' k' may., •�' ,.mss,� �t a ¢*+vs^^r rt. esy�, .�s �� ' �a�r^�My�� *�'' ��,, "►� e� �`�' �;x as � "`"mow :;Kt� rs �x "`r _ :yr .• e .� .,�. e �.�� .':: gyp. ,�# `�`�-�, +►" f ,# ,. ,a. . 4" :. '"t�, }fix 't.•1`i: A d a EC^ t ra Ob LL'8£ Ob W tr t n �9nr9S JYYAJ fh4 /w/or y d �_ illy iLti)_ i _ lk- 3'N '1S Hit, bci ; Lo �- ..i...y..0...�..:...j...�...:. ..p..7..:......t...p..�... cof� _ r � J 09 uj a) 0,0 N - V V V : V) I ,r ' 1 i i L.S. #83-03 Leslie L. Wilke 16 5 H z 0 fit HM ---JIM { • 1�- •� r e fill � '. �a� W, QiqVWA mt. at •i NWHIMAIM o i of V O y.,e >rw M /&—ow r JY .b so 5 A j , �•` .� : � 19 scab � ' ' S 35io F7 ui 4 Am - i S_�A� $8 3-01 PETITION -N O. � a- �'�'�_-�'.,'-----�- Cj �f- - - � -�. L-. -2 mmekman.-& L ;Vagovi d: r N r 'rt I� 'iap M _i :.0•l /11+! -r.r Jhi _ l_ _Iilrr�f Ar 2, 64 W iZ7 4%ftb A Z7 57440 2Aa .1k I3 - S4 4 .'v 23, X 20 Ate rr 5 1 r/ w 1}- = w AVE. ! y.. - N.E. AT _ _'' . 5� • _ =537 s S�4 s Z 531 sS3�W 5391 Y� i N- I _ !- 1- Z LLJ . . s .r s3iS 3- - - > 53 o- a ° 5S�= Sol. . P„* . �_' -� ' S3�” S 1sT .560 � S3� s. S3 � ,• sw ;I �48,?! s3 -3etL r PIN 3 r S vo Pau Ar* : " fpo tL4 GS www M" ppppt f �A/I tOM�R SAV #83-01 Petition No. 4-83 NORT,[✓ 6 OC/N4 - T.,y 47 ® Z : O4 G� - w 1 a Ell 5EMEA/T' -7 y N W 60 40 38693 0 N ti Ui — o o U1 -P S17/ 17' - - 40 1 38.77 40 4TH ST. N.E v ✓iJ ritirs SAN�rAR ' 40 38.77 40 o z� 1 ti Q f (Official Publication) PUBLIC HEARING BEFORE THE To WHOM IT Y COUNCIL Notice is here bY CONCERN: will be a Public Hea inn that there Council of the City of Friof d ey to the City all at 6431 University Avenue Northeast on Monday,July 11,1983 in the Council Chamber July for the purpose of: Vacation (SAV yg3-01)requested by Petition No.4-83 described as follows: The easterly 130.70 feet Avenue bet of 54th n Block 12 and 13 Ham ' iltons Addition to Meehan.'icsville. All located in the South Half of Section 23, T-30. R-24, City of sota. Fridley,County of Anoka,Minne- Generally located between 5380 and 5400 4th Street Northeast. An desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J.NEE Mayor (June 22&29,1983)-FRID 2A 12 CITY OF FRIDLEY PETITION COVER SHEET Petition No. 4-83 Date Received May 31 , 1983 Object Petition to vacate the Easterly 130.70 feet of 54th Avenue between &44�12 and 13, Hamilton's Addition to Mechanicsville Petition Checked By Date Percent Signing Referred to City Council Disposition 2 � SAV #83-01 13 i� We, the undersigned, petition the City of Fridley to vacate the ate► easement Ave Oe in Block 11�♦13 �l;e�n,� o P(�,fOAddition. We understand if we have the support of 100% of the property owners in this block, the City will waive the �I So.DO regular fee of $I Name Address 2C ECTORATE o0 o • •.o OF °o 0 MEMORANDUM IC WORKS TO ACTION INFO• Nasim M. Qureshi , City Manager fission at their June 8, 1983, meeting recommended n of 54th Avenue between blocks 12 and 13, Hamilton's nisville, with a stipulation that the city retain a s easement over the southerly 30 feet. Ir. Zimmerman, desires to construct a driveway and ated portion of 54th Avenue, which is also the easement f CITY OF FRIOLEY, 6439 UNIVERSITY AVE. NE. COMMISSION APPLICATION FRIDLEY. MN. 55432 REVIEW Ime s N ev age Approved by E COMPLETE REVIEW CHECKLIST RETURN TO PLANNING / ljvL_ Dy"ATE COMMENTS V/ 9 Darrel Mark John Leon 06' /�EGoic-,OE.y� Y�Gi4 T/ b.fJ CITY OF FRIOLEY. �+ 6439 UNIVERSITY AVE. NE. COMMISSION APPLICATION FRIDLEY. MN. 5543!' REVIEW Oeportmea s Number ev oqe 14-p—proved-by FILJW NO/ ADDRESS FILR DATE COMPLETE REVIEW CHECKLIST -6r_c - - RETURN TO PLANNING DuE � aBillCOMMENTS Darrel Iff Mark SSG' John AA,&? .Leon 1P.� - �CLt7IGD /✓/f�I�rI ,Q�/D�G� a4/Jd.. I�tr'�M�T - . ssvc 2D CITY OF FRIDLEY PLANNING COMMISSION MEETING, JUNE 8, 1983 CALL TO ORDER: Vice-Chairperson Oquist called the June 8, 1983, Planning Commission meeting to order at 7:32 p.m. ROLL CALL: Members Present: Mr. Oquist, Mr. Saba, Ms. Gabel , Mr. Kondrick, Mr. Svanda, Mr. Goodspeed Members Absent: Ms. Schnabel Others Present: Jerrold Boardman, City Planner Richard & Sonia Peterson, 247 - 57th Place Lawrence & Joyce Zimmerman, 5380 4th St. N.E. Laura Vagovich, 5400 4th St. N.E. APPROVAL OF MAY 18, 1983, PLANNING COMMISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO APPROVE THE JUNE 8, 1983, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . VACATION REQUEST: SAV #83-01 , PETITION NO. 4-83: Vacate the Easterly T3 .70 feet of 54th Avenue between Blocks 1-2--a—ncT 13, Hamilton's Addition to Mechanicsville, by the owners of 5380 and 5400 4th Street N.E. Mr. Boardman stated this was the area where Dr. J. C. Schurstein had proposed to put an office building back in Dec. 1980. There is a service road that comes in and cul-de-sacs right along University Ave. There is an unpaved alley at this location that is used to service the backs of the properties along 4th St. It also services apartments and some businesses. Mr. Boardman stated the vacation request is for a portion of 54th Ave. between Blocks 12 and 13. The vacation request is being made by the two property owners on either side. Mr. Boardman stated the alley is being used and at some point in time, the City is going to have to pave that alley as long as it is being used. If the alley is paved, they would have to make sure there was access on both ends. At this point in time, the City has been opposed to a vacation of that portion of 54th Ave., primarily because there is no way out of the alley, and the logical way for circulation within that area would be to come up to 54th Ave. An alter- native would be to come down and connect into the cul-de-sac, but that may not be an appropriate way to go. 2E PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 2 Mr. Boardman stated that when Or. Schurstein proposed the development of an office building in this location, as a condition of the permit, the City Council required that Dr. Schurstein pay for the improvement of the alley. Because of that, Dr. Schurstein did not build, and the alley is still unimproved. Mr. Boardman stated that in their consideration of this vacation request, the Planning Commission should consider what is going to be done with that alley and at what point they want access. The Engineering Dept. has said the best possible way for access is back up to 4th St. That would be in direct conflict with this vacation request. Ms. Laura Vagovich, 5400 4th St. N.E. , stated she has lived in Fridley for 34 yrs. Her house was moved twice, once for Highway 100 and again for I-694. She has maintained this portion of the street for 34 years. She stated she would like to have the protection of not having people going through there. People drive through there and dump things in the bushes and trees, and she has even had things stolen out of her garden. She stated she had assumed for years that this road was already vacated and had maintained it because she thought it was vacated. Mr. Lawrence Zimmerman, 5380 4th St. N.E. , stated it was his intention to put up a retaining wall and use the 30 ft. gained from the vacation to build a road to a garage he would build on his property. Mr. Boardman stated that even if they vacated the street right-of-way, they would want to retain the southern half of the street for storm sewer. Mr. Zimmerman stated the most logical way and the cheapest way for the alley access was to go out on the cul-de-sac. Mr. Oquist asked if it would be feasible to put a turn-around area by using the portion of 54th Ave. that is not vacated plus the portion of the street they want vacated. Mr. Boardman stated that if they are going to retain 30 ft. for easement, why not retain another 30 ft. so if the alley is ever improved, they can get access. He stated if the property owners wanted to fence this portion of the street, they could do so right now. The problem is that if at any point in time a road would be required to go in there, that fence would be removed at no cost to the City. Mr. Zimmerman stated the main reason for the vacation request is so he can build a garage with access off 4th St. He did not intend to use the alley, because it is 2-3 feet below his property. He is going to have to put up a retaining wall at the back of his property. Mr. Boardman stated it was his understanding that if the property owner put a fence or a driveway over the easement, if the City has to dig up that easement, the City is not responsible for putting back blacktop or fencing. It would be the property owner's responsibility to put back whatever was torn up. 2F PLANNING COMMISSION MEETING, JUNE 8, 1983 PAGE 3 Mr. Boardman agreed with the fact that there is never going to be a street connection in there that would utilize the whole 60 ft. He had no problem with vacating the street right-of-way, but they should retain the storm sewer and access easement. In that sense, the property is no longer owned by the City of Fridley but by the property owners; but the City would still retain an easement so if they need to go through with a road or access for the alley, they can use that easement. Mr. Oquist stated another alternative would be to access by the highway property if the Highway Dept. turns that property over to the City. .Ms. Vagovich stated that, as Mr. Zimmerman had stated, the main purpose for the vacation is so Mr. Zimmerman can build a garage and access onto 4th St. They will jointly maintain the property. Mr. Boardman stated that if Mr. Zimmerman puts in his garage and accesses onto 4th St. over the 30 ft. easement, if the alley is improved and comes up to the street grade, it in effect replaces his driveway and he would still have access onto the alley. MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV 1183-01, PETITION NO. 4-83, TO VACATE 54TH AVENUE ALL THE WAY TO THE HIGHWAY PROPERTY AND THAT THE CITY OF FRIDLEY RETAIN ACCESS EASEMENT OVER THE TOP OF THE EXISTING 30 FT. UTILITY EASEMENT. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON OQUIST DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Boardman stated the public hearing at City Council on this vacation request would be on July 11 , 1983. 2. LOT SPLIT RE UEST L.S. #83-02 BY RICHARD & SONITERSON: Split off Lot 12 and the Westerly 30 feet of Lot 13, B 1 , City View, to make a new building site, the saX$50O. 41 - 57th ce N.E. Mr. Boardman stated the pown ots 12, 13, 14, and 15. These are 40 ft. lots totalling 160 ftr They are requesting to split off Lot 12 and the westerly 3t 13 so that Lots 12 and 13 will become a 70 ft. lot. The depth ofs 140 ft. It does meet the 9,000 sq. ft. lot requirement and meets requirements as far as lot splits. A lot split does require a park00. The park fee is payable at the time of approval of the lotspl ' request; however, the City Council may defer collection to the time the buil ng permit is requested for individual lots created by such a lot split. This d depend on whether the petitioner requested the City Council to delay payment the park fee. The petitioners were in the audience. Cl3UNCL MEETING OF JUNE 20, 1983 PAGE 2 777 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 31_ OF THE FRIDLEY CITY CODE ENTITLED CLING DEVICES: AND ODNSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE BY ADDING CERTAIN FEES AND A CITY CODE NUMBER: Mayor Nee stated the Council now has a model ordinance before them as requested at the last Council meeting. Mr. Hill, Public Safety Director, stated all the gambling ordinances of cities in Anoka County were reviewed in compiling the draft ordinance before the Council. He stated the ordinance submitted closely follows the City of Coon Rapid's ordinance and all the definitions are found in the State Statutes. Mr. Hill suggested the Council may wish to consider adding a requirement, as found in the bingo ordinance, regarding the donation of 8% of the gross receipts for lawful purposes. MOTION by Councilman Fitzpatrick to waive the first reading of an ordinance adopting a new Chapter 31 and approve the ordinance upon first reading. Seconded by Councilman Schneider. MOTION by Councilman Hamernik to amend the ordinance to include the wording from the bingo ordinance in reference to the donation of 8% of the gross receipts. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Hill stated in the ordinance to amend Chapter 11 of the Code, the fee for gambling devices would be $200/year and the Manager fee would be $50 per manager. He stated the $200 fee is for the premises and the manager 's fee would be a one time fee, unless there was a new manager. MOTION by Councilman Barnette to waive the first reading of an ordinance amending Chapter 11 of the Code by adding certain fees and a City Code number and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING O"ISSION MINUTES OF JUNE 8, 1983: VACATION - \ Y L. 7ImF'R W AND 1 T _ 5380 AND 5400 4TH STREET N E. MOTION by Councilman Fitzpatrick to set the public hearing f or this vacation request for July 11, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. t THE MINUTES OF THE RDGCM MEETING OF THE FRIDLEY CITY OOUNCIL OF JUNE 20, 1983 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CAI L• MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING. JUNE 6. 1983: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Barnette to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS: CDNSIDERATION OF APPOINTMENTS TO ENERGY COMMISSION (TABLED 6/6/83) : MOTION by Councilman Schneider to table this item. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 776 AMENDING THE CITY CHARIER OF THE CIV OF FRIDLEY (CITY CODE SECTION F MISC ) -_(FIRST READING 6/6/83) : MOTION by Councilman Schneider to waive the second reading of Ordinance No. 776 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO, 777 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY BY MAKING A CHANGE IN ZONING DISTRICTS (ZOA #83-01 . FRANK LANGENFELD CONSTRUCTION) (FIRST READING 6/6/83) • MOTION by Councilman Schneider to waive the second reading of Ordinance No. COUNCIL MEETING OF JUNE 20, 1983 ENCS-2 777 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE ADOPTING A NEW CHAPTER 31 OF THE FRIDLEY CITY CODE ENTITLED GAMBLING DEVICES: M CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING CHAPTER 111 OF THE FRIDLEY CITY CODE BY ADDING CERTAIN FEES AND A CITY CODE NUMBER: Mayor Nee stated the Council now has a model ordinance before them as requested at the last Council meeting. Mr. Hill, Public Safety Director, stated all the gambling ordinances of cities in Anoka County were reviewed in compiling the draft ordinance before the Council. He stated the ordinance submitted closely follows the City of Coon Rapid's ordinance and all the definitions are found in the State Statutes. Mr. Hill suggested the Council may wish to consider adding a requirement, as found in the bingo ordinance, regarding the donation of 8% of the gross receipts for lawful purposes. MOTION by Councilman Fitzpatrick to waive the first reading of an ordinance adopting a new Chapter 31 and approve the ordinance upon first reading. Seconded by Councilman Schneider. MOTION by Councilman Hamernik to amend the ordinance to include the wording from the bingo ordinance in reference to the donation of 8% of the gross receipts. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. Mr. Hill stated in the ordinance to amend Chapter 11 of the Code, the fee for gambling devices would be $200/year and the Manager fee would be $50 per manager. He stated the $200 fee is for the premises and the manager 's fee would be a one time fee, unless there was a new manager. MOTION by Councilman Barnette to waive the first reading of an ordinance amending Chapter 11 of the Code by adding certain fees and a City Code number and approve the ordinance upon first reading. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING PLANNING COMMISSION MINUTES OF JUNE 8, 1983: VACATION - Y L. ZInvlF� AND L. t%GQY7C1f, 5380 AND 5400 4TH STREET N. E.: MOTION by Councilman Fitzpatrick to set the public hearing for this vacation request for July 11, 1983. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF ,NNE 20, 1983 The Regular Meeting of the Fridley City Council was called to order at 7:30 p. m. by Mayor Nee. PLEDGE OF ALLDGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL• MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None APPROVAL OF MINUTES• ODUNCIL MEETING. JUNE 6. 1983: MOTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MOTION by Councilman Barnette to adopt the agenda as submitted. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: There was no response from the audience under this item of business. OLD BUSINESS• CONSIDERATION OF APPOINTMENTS TO ENERGY COMMISSION (TABLED 6/6/83) : MOTION by Councilman Schneider to table this item. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO 776 AMENDING THE CITY CHARTER OF THE CITY OF FRIDLEY (CI'T'Y CODE SECTION F MISC ) - (FIRST READING 6/6/83) : MOTION by Councilman Schneider to waive the second reading of Ordinance No. 776 and adopt it on the second reading and order publication. Seconded by Councilman Fitzpatick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO, 777 TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY BY MAKSNG;, A CHANGE IN ZONING DISTRICTS (ZQA X83-01. FRANK LANGENFELD CONSTRUCTION) (FIRST READING 6/6/83) : MOTION by Councilman Schneider to waive the second reading of Ordinance No. m jNCTT. t EETIM OF JuLY 11, 1983 PACE Mr. David Dayton, 6435 Highway 65, stated if he rezoning was approved, the could come in with any project they wanted and this is the reason they want it to remain as R-1. Mr. Herrick, City Attorney, felt there are some steps which can be taken to protect the residents to assure a certain development would be constructed. Mayor Nee pointed out that what the Council is now considering is the rezoning issue, and not approval of the proposed project. Mrs. Haedtke, 6540 Lucia Lane, felt 14 units was too many for this property and didn't feel the additional traffic could be handled. Councilman Barnette stated he knows everyone's feelings, but the biggest problem with this property for R-1 development is the location as he didn't feel someone would build a $100,000 home on this corner. Councilman Fitzpatrick stated the consideration is if the property should be R-1 or R-3 and how this fits into the total development picture. Councilman Hamernik stated he felt the density is a primary concern, but felt any dialogue between the developer and residents would have some value. He felt those lots today are not ideal single family sites. Councilman Schneider stated the density is the key issue in his mind and it would be his intention, if an agreement is reached with the residents, the rezoning would be granted for a specific project. MOTION by Councilman Schneider to continue this public hearing to the next Council meeting on July 25, 1983. Seconded by Councilman Barnette. Mayor Nee stated he didn't think a case has been made to rezone property beyond the client's interest. He felt is hasn't been shown that it is in the best of interests of the neighborhood and connunity. UPON A VOICE VO'L'E TARN CN THE ABOVE ?VnON, all voted aye, and Mayor Nee declared the motion carried unanimously. 2 SBLT - 4-83, TO VACATE F.AgrERr Y 130.70 FEET OF 54TH ST'REE'T N AN AND VAGMCH) : MOTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:40 p. m. Mr. Flora, Public Works Director, stated this request is to vacate 130 feet on 54th Avenue west of 4th Street between 12 and 13 and the request is made by the two property owners on either side. Mr. Flora stated one of the property owners wishes to construct a driveway and garage on the vacated portion of 54th Avenue, which is also the easement required by the City. Mr. Flora stated, if the vacation is approved, they may wish to stipulate that any construction on the city easement would have to be maintained by the property owner in the event the City had to make any repairs or improvements to the utility line. COOL MEE= OF JULY 11, 198-4 P�GEst Mr. Flora stated the Planning Commission recommended approval of the vacation, with the City retaining an access easement over the top of the existing 30 feet utility easement. Ms. Laura Vagovjich, 5400 4th Street, explained she has maintained this portion of the street for 34 years and would like the protection of not having people going through there. She stated she assumed for years that this road was already vacated and therefore, had maintained it. Mr. Zimmerman, 5380 4th Street, stated he intended to put up a retaining wall and use the 30 feet vacated to build a road to a garage he plans to construct on his property, with access off 4th Street. Mr. Zimmerman stated he understands there is a storm sewer easement that will remain, but there is no way to get around this issue. Mr. Flora identified the three options the Council could consider in providing for development of an alley without 4th Street if this vacation request is allowed. No persons spoke regarding the proposed vacation on 54th Avenue. MOTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:08 p. m. 3 PUBLIC HEARI.r_ ON aMFMF9`TT' TO SECTION 3.07 OF THE CITY CHARTER OF 'T M CITY OF FRIDT.FY: MOTION by Councilman Hamernik to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:09 p. m. Mr. Bill Hunt, Personnel Officer, explained that Section 3.07 of the Charter relates to publication of ordinances in summary form. Mr. Hunt stated the ordinance is substantially the same as Ordinance No. 757 adopted in February by the Council. He stated it is presented to the Council again because the required public hearing ws not held and any changes are, basically, in organization and phrasing in order to clarfiy paragraphs. Mr. Starwalt, Chairman of the Charter Commission, stated the Commission was in favor of this amendment and felt the effort staff put into it makes it a more understandable ordinance and is now before the Council or their consideration. No other persons in the audience spoke regarding this proposed amendment. MOTION by Councilman Barnette to close the public hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:12 p. m. f C-13F. ORDIXLNCE ■O. 781 AN ORDINLUCE 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 a street dedication described as follows: The East 130.70 feet of 54th Avenue lying West of the West line of 4th Street and between Blocks 12 and 13, Hamilton' s Addition to Mechanicsville. Be and is hereby vacated except that the City of Fridley retains an easement in the South 30 feet for drainage and utility purposes. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Appendix C of the City Code shall be so amended PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS RTH DAY OF AUGUST 1983 WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. I1MAN - CITY CLERK Public Hearing: July 11 , 1983 First Reading: July 25, 1983 Second Reading: August 8, 1983 Publish: August 17, 1983 SAV 183-01 2/2/3/31