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ZOA87-02 CITY OF FRIDLEY REZONING, REQUEST ZOA *6 4-OZ- 6431 UNIVERSITY AV N.E.-''°' 2 ��•.�;�/A� ® FRIDLEY, MN 5543!� �' """° " '" ,EQUEST SAV � (612)571-345D L. • �, ' PLATTING REQUEST P.S. # REQUEST FEE 30C PARK FEE RECEIPT # U�1 SGIEDULEE PLANNING C X911ISSION NEETING DATE / SCHEDULED CITY COUNCIL MEETING DATE PROPERTY INFORMATION PROPERTY ADMESS LEGAL DESCRIPTION: LOT BLOCK TRACT/ADDITION i�-iy evy i eu_."' PRESENT ZONING -- REQUESTED ZONING REASON FOR REQUEST: A site plan showing the proposed future use is required for all rezoning. Az9 �r*ic***icic*ic*k*�k*k�F�c**�c�Ft*kYicytiri*9ct*kYtk***�F*Ykktk**ic*****k*ictic***ic***ic*iciticY�cicYtic�r*�c*k FEE OWNER INFORMATION NAME (please print) M C c K T ,U C PHONE # 7 5 7 - 6 ©d ADERESS 13,/�(, �'c=/�T� 4 /4 y .�/ t- /el�j U CA div, S 5_.3 0 SIGNATURE BC�� � cc�, ✓ DATE a - / 9- ,P7 Note*****Contract*Purchasers: *** *******i*nA. ****** PETITIONER INFORMATION NAME (please print) PHONE # ADERESS SIGNATURE DATE PLANNING C OMISSION : APPROVED DENIED DATE CITY ODUNCIL: APPRC VED DENIED DATE STIPULATIONS: The petitioner hereby understands that: 1. The City will notify all residents and owners of property within 200 feet of said property. 2. This application must be signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceedings resulting f ran the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of the proposed structure, and f ront and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. ZOA #87-02 2 B 9 CA/NE S ASSOC/ATW Mccx, Inc, - LAND SURVEYORS, INC. /7720-Highway 65 N£. - So*rvi//e, Minnesota 55304 434-7646 CERTIFICATE OF SORVEY FOR: Don Chouinard LEGAL DESCRIPTIONS: Parcel A: That part of Lots 80, 81, 82, and 83, Block A, RIVER V7R:•' 11F.ICHTS, Anoka Countv, Minnesota, li-ing west of the east 90.00 feet of said Lots. And, all that hart of the unnamed street abutting Lots 80, 81, 82 and 83 lying between the Southerly line of Lot 80 extrnde.i Westerly to'the K'1C 'railroad and the 'northerly line of Lot 83 extended 1-.esterly to the MAC Railroad right of. way, as shown on the original map of said River View 4eights Addition. And, all that part of the right of •.:a•-• of the `tinnea)olis, Anoka and Cuvuna Range Railroad Company in the Southeast Quarter of the Northwest nuarter of. Section 3, Townshin 30 North Range 24 west lying between the North line of Lot 83, B1ock 4, also kno:en as Section A, Piver View Heights, extended West through said right of way and said South line of Lot 80, 310ck 4, River View Iieiahtsr extended West through said right of •.:av accor,iirg to the nlat thereof on file and of record in the office of the Countv Irecorder in ar.i for An0!ca County, Minnesota. Subject to easements for street and utility purposes over the south 12.00 feet thereof, and also over the west 15.00 feet thereof. Parcel B: The west 70.00 feet of the east 90.00 feet of Lots 80, 81, 92, and 83, Block A, RIVER VIES•' HEIGHTS, Anoka Countv, Minnesota. Subject to an easement for street and utility purposes over the south 12.00 feet thereof. Parcel C: Lots 78 and 79, and the east 20.00 feet of Lots 80, 81, 82, and 83, all in Block A, RIVERVIEW HEIGHTS, Anoka Countv, Minnesota. Subject to an easement for street and utilit- nurposes over the south 12.00 feet thereof. Arca +o be Pato rec \ 1%1-1?9159 ?9"/v 70 OG _ 7000 - yt�• / iv :v:•: v:: •� .. b•F: iK. ': tY r ,. 1 hYX. �.� f.•Y,'•.. ;• ;� ;:tis. •.;�.6- :�•t::::. h� % I ate,:•. .4 �;w. ',� •�:ti:: ;: �17l:'ti•. �O ,!,u 3✓:h�;::rte•' �av'��a•:���':r: ��{�'; :a�'i..•::•::. !q.�. i \o 78 ''�' � _ ': :rc1•:'::::• XX X .•. pp ES T 70.00 h�UG� 1 1' /NfAfAI cgr/rr rrur rN/s suAvrr,RAAC ow Arrowr wts Panwrro or AW M d4OWR 1 YI DllrCr S4/r.%'/MV AAV rMAr/ y, A SUL&/ /M N. O our Ara.►rrwro LAw swvrrow ~P —Z—FEET. rNr LAWS OF rMr srArr Or M'NAIrSOFA. 0 DEWr£s //P A CN/RAN P!P'E sEr. •DENOTES AN IRON MOWC/M£Nr FOUVD BEARIA S AVOWN ARE FROM Assay ED DArvv G (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 Uni- versity Avenue Northeast on Wednes- day, March 25, 1987 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning request. ZOA #87-02, by MCCK Inc.,to rezone from R-3,General Multiple Dwelling, to R-1, One Family Dwelling, on Lots 80 through 83. Block A. Riverview Heights, and all that part of the unnamed street abutting Lots 80, 81. 82 and 83 lying between the Southerly line of Lot 80 extended Westerly to the MAC Railroad and the Northerly line of Lot 83 extended Westerly to the MAC Railroad right of way,as shown on the original map of said River View Heights Addition, and all that part of the right of way of the Minneapolis. Anoka and Cuyuna Range Railroad Company in the Southeast Quarter of the Northwest Quarter of Section 3, Township 30 North Range 24 West lying between the North line of Lot 83. Block A. also known as Section A. River View Heights, extended West through said right of way and said South line of Lot 80.Block A.River View Heights, extended West through said right of way. according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County. Minne- sota. the same being 441 Hugo Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place., STEVE BILLINGS Chairman Planning Commission (March 9&16.1987)-FRID 2A PUBLIC HEARING BEFORE THE PLANNING OOMMISSION Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, March 25, 1987 in the Council Chamber at 7:30 p. m. for the purpose of: Consideration of a Rezoning request, ZOA #87-02, by MCCK Inc. , to rezone from R-3, General Multiple Dwelling, to R-1, One Family Dwelling, on Lots 80 through 83, Block A, Riverview Heights, and all that part of the unnamed street abutting Lots 80, 81, 82 and 83 lying between the Southerly line of Lot 80 extended Westerly to the MAC Railroad and the No therly line of Lot 83 extended Westerly to the MAC Railroad right of way, as shown on the original map of said River View Heights Addition, and all that part of the right of way of the Minneapolis, Anoka and Cuyuna Range Railroad Company in the Southeast Quarter of the Northwest Quarter of Section 3, Township 30 North Range 24 West lying between the North line of Lot 83, Block A, also known as Section A, River View Heights, extended West through said right of way and said South line of Lot 80, Block A, River View Heights, extendea West through] said right of way according to the plat thereof on file Ond of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 441 Hugo Street N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. STEVE BILLINGS CHAIRMAN PLANNING CDMMISS ION Publish: March 9, 1987 March 16, 1987 / /0 9 8 30 7o m e ' a ZOA #87-02 a 3 2 � s��`EEZ / o /p0 � � ])'ICCK, Inc. 1 W o `9 55 40 7 3o A CITY OF COON RAPIDS „SJ.ly 44ot C TY OF S Ba f 6 1 � c �s ,,, , ' � 3e o e RI LEY ,6, 9 a �s 7 W o :... ,; g, y EV. AU �� �� DW U \D / a, • h � •� �e � anrxs,.. q c: r. a o 82ss 3.L �RE so• 90' /44 ss lee 7t FSR I s �, ,9�; . q � 130 5 �� �) pono/e e. 21 2 2 �:.p (Y�J ti v C(Dori, �. / W 7) ;� v a.A.E/ferm, a��r (rrJ .3.3s .roof U. Ql /90 36 / ( >(L)Go /s4.4s '/3c iso .o -c 21 ��i •� 3 o ' e IROI�,TAN 3TR ET y ° v �+/ 1 41 ARE :5 e ' .. 'S RTNL R GO,f'/ ' Sao - /�R M33 u SplS B/f r)(,Iz 8. v r - ai \{i/7 ��/Y ti h �u� !7 o a4 bd )Z 3 2 j1 09 •• ti 7B 7 f 74 74 70 Vs, 6 7 8 9 0 / /1 3/4 17;f 90 2f'l 21?3 L"4 1S L 720 9 0 3/ 2 33 app} S., �1 ) z 0 0 ' o / us r�• { ad's°»s �C ( � y �` ..1 RUT G b E� a opas)z N ps FAI MONslz 8 fl gra ° ' N r�tiA 3 Ab s go o 8111�li) \tiV�p� 9 ! ) � ) ! a S a s b s s � o N N � �811g ��,1 g! y 'x'•811 H • 8 7 =�° t4 A S � 0 9 �' �•�` . , � 810 3° io j I =6865 �St41� Y.f w n bw/59j5 Y. Cl 3 t3j3o C, 5 "ch,10 n B� +� �L/.d7 rB (cb.4 -CIRCL O�• � 13 510r) 3. W7 " 61141I BoSj.$8071 � pz6� sup_ 1� >o� v. � e �,-• � ,iso --- ---9N s, -- 63 I � •'a� fC'm 24 5 LOCATION MAP P anning March 6, 1987 2B April 3, 1986 Council p MAILING LIST M'CK Tnc. ZOA #87-02 Jerry Kielblock Ry Falk David Jacobson 366 Ironton Street N.E. 381 Hugo Street N.E. 8151 Fairmont Circle N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Arthur Erke GuylLundsten Raymond Arnold 382 Ironton Street N.E. 389IHugo Street N.E. 8141 Fairmont Circle N.E. Fridley, nN 55432 Fridley, MN 55432 Fridley, MN 55432 • David Kohl S and J Construction Co. Rodney Lamb 420 Ironton Street N.E. 441 Hugo Street N.E. 8131 Fairmont Circle N.E. Fridley, MN 55432 Fridley, DSI 55432 Fridley, MN 55432 Mark Maloney S and J Construction Co. Alfred Kellner 391 Ironton Street N.E. 326Rice Creek Terrace 8182 East River Road N.E. Fridley, MIDI 55432 New 55432 MN 55112 Fridley, MN 55432 Phillip Willson NLIncorporated June Frehn 401 Ironton Street N.E. 135 2 Central Avenue 8180 East River Road N.E. Fridley, MN 55432 Anoka, DIN 55304 Fridley, MN 55432 Randy Crowell County of Anoka Ernest Draheim 7312 Lilac Lane 325 E Main Street 8164 East River Road N.E. Excelsior, MN 55331 Anoka, MN 55303 Fridley, MN 55432 Paul Muesing Frahk Hegner Scott Quiteem 421 Ironton Street N.E. 450 Hugo Street N.E. 499 Glencoe Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Dean Nordahl GClaggett Gail Brooks 423 Ironton Street N.E. 4440Hugo Street N.E. 8184 East River Road N.E. Fridley, MN 55432 Fri ley, MN 55432 Fridley, MN 55432 Jerome Thompson Mitchell Cook Division 1 Real Estate 411 Ironton Street N.E. 420 Hugo Street N.E. 1920 1st Avenue Fridley, MN 55432 Fridley, MN 55432 Anoka, MN 55303 Jerome Thompson James Seveum 2070 Cornell Drive N.E. 360 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Andrew Bultena DaAd Schultz 381 Ironton Street N.E. 371 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 Leonard Dailey Johl Kerbs 8191 East River Road N.E. 369 Hugo Street N.E. Fridley, MN 55432 Fridley, MN 55432 'Thcrnas Adams Eugene Zuelke 430 Ironton Street N.E. 8161 East River Road Fridley, MN 55432 Fridley, MN 55432 rCOF4FSSION APPLICATION REVIEW Department Number File Date Meeting Date CITY OF Planning 11 2/19 /87 3/25/87 MDLEY File Address/Description zoA #87-02 COMPLETE REVIEW CHECKLIST MCCK Rezone from R-3 to R-1 at 441 Hugo Street N.F. RETURN TO PLANNING E] DARYL COMMENTS ff t — 1113 '6. If 1G A t-0 Vt Zov¢_ JV t2,-1 tr V,,, a DEBBIE CcrS,,S�� W10-14b ';v 3 -C4 H;,lei L1,erri S. Q DEBBIE &zO 44 °E' A-3 4/45— o lip 305. JOHN, DEBBIE ARREL DEBBIE YCLYDE DEBBIE 7MARK DEBBIE 'LEON ,4120 07"! /✓�uI D�SGRi/'?�o ✓s A S THL y WALL �sF �3 ilt 7 ?,e) 3-/3 R n�,�F s Co�V 7 DEBBIE CITY OF r w e,,� F THOMPSON` RI VERVIEW ' HEIGHTS Q .^t FA • � J. zs r� . P i v s gt1 � A Jll� •, IRONTON RE ET I • • •.C�I y1 N R13 z , its I z Q SPRlr vo 3os ) , � oc `' � a B PR Q(yK ubu ATH FT y e a s /qtr GLENCO +I j PARK / 6 •, �► s t R ' .0 • +y► 4 4 � �- E � • • J -9 • • • * KW�� � �� Igg � R•f s �j1 2 • LY R. _ 8 • �p� s 04 P Q I __ ♦♦ L18ERTY ST. Z • ♦♦♦ c- ` ./ ♦♦ / 2 Y ♦♦ LONGF LLOW 2 ♦♦ �, y . . . ♦, . . . �,� • • • • RIVERVW r . k �� .w ♦♦♦ ••+•• •••e•�,•,•••••••••• HEIGHT •••••• • •Q� , • �( • •O t1 •� • ♦ 139 •• r4� x V ! L •fi • •''•r• • L /tom. \\ ` \ • 1^ ' ♦ 'gyp 1 ZOA #87-02 • DICCKf Tnc. r i G Ste• d 3a' a 7D - -70 70 — q639 7166 9 -7iyc0F'p `� SC,--k c, _ v WLANNING DIVISODN 7 wClai MEMORANDUM CITYOF FRI DLEY NEMD TO: JOCK RCBERISCN, G MMJNITY DEVELOPMENT DIRECPOR LEND FROM: JIM ROBINSON, PLANNING ODORDINATORJA-11 MEND FATE: APRIL 15, 1987 REGARDING: MCCK REZONING PROPOSAL Tb rezone from R-3 to R-1, the property on the northeast corner of East River Road and Hugo Street. BACKGROUND On Nov Ember 3, 1986, the City Council approved a lot split to allow three (3) single family homes on this property. Single family uses are allowed in R-3 zones. In order to ensure continued R-1 status in the future, Council stipulated the down zoning. Three single family permits have been issued. Three park fees were paid and other outstanding special assessments have been accepted by the developer. In addition, the required easements have been granted. REOOMMENDATION On March 25, 1987, the Planning Commission recommended approval with no stipulations. Staff supports this action. M-87-89 4 CITY OF FRIDLEY PLANNING COMMISSION MEETING, 11ARCH 25, 1937 CALL TO ORDER: Chairperson Billings called the March 25, 1987, Planning Commist on meeting to order at 7:31 p.m. , f . ROLL CALL: flenbers Present: Steve Billings,- Dave Kondrick, Dean ._�aba, Donald Betzold, Richard Svanda Menbers Absent: Sue Sherek Others Present: Jim Robinson, Planning Coordinator Jock Robertson, Community Development Director Jim Dowds , 3737 East River Road Jack Chambers , 4720 Garfield Ave. S. Richard Peterson, 277 - 57th Place APPROVAL OF MARCH 11 , 1937, PLANNING COHIIISSION MINUTES: MOTION BY MR. KONDRICK, SECONDED BY 14R. BETZOLD, TO APPROVE THE MARCH 11, 1987, PLANNING COMMISSION MINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . CONSIDERATION OF A VACATION REQUEST, SAV #87-02, BY JACK CHAMBERS: Vacate the Northerly 1 foot of the —asterly 30 feet of the 5 foot drainage and utility easement located on the Southerly 5 feet of Lot 16, Block 10, Donnay's Lakeview Manor Addition, the same beinn 550 - 57th Avenue N.E. Mr. Billings stated 'that due to a conflict of interest, he would not parti- cipate in either the discussion or the vote on this item. Mr. Robinson started this vacation request involved the vacation of a portion of a 5 ft. utilAty easement on Lot 16, Block 10, Connay's Lakeview Manor Addition. Thelproperty was zoned single family and was located just north of the old drfi¢ve-i n site. Mr. Robinson stated it was discovered that a very small portion of the garage in the rear, yard (southeast corner of the property) overhung into the easement by less than 2inches. In order to preclude any future problems that might arise ►•pit the title, the petitioner was requesting that the easterly 30 ft. of the n rth 1 ft, of the easement be vacated. He stated the City has notified the uti ity companies , and the utility companies have no problem with the vacat1 n as outlined. Staff would recommend this vacation request be approved with o stipulations. PLANNING C011HISSION MEETING, MARCH 25, 1987 PAGE 2 MOTION BY MR. SABA, SECONDED BY MR. K0101ICK, TO RECOMI4END TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV- 7-02, BY JACK CHAI4BERS TO VACATE THE NORTHERLY 1 FOOT OF THE EAS.,,TERLY 30 FEET OF THF. 5 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON THE.S6-UTHERLY 5 FEET OF LOT 16, BLOCK 10, DONNAY'S LAKE- VIEW MANOR ADDITIO',),�E SAME BEING 550- 57TH AVENUE N.E. , WITH NO STIPULATIONS. s""xf UPON A VOIC VOTE, SABA, KONDRICK, BETZOLD, AND SVANDA VOTING AYE, BILLINGS ABSTAINI , CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED. Mr. binson stated this item would go before the City Council on April 20. 2. PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #87-02, BY MCCK, INC. : To rezone from R-3, General Multiple Dwelling, to R-1 , One Family Dwelling, on Lots 80 through 83, Block A, Riverview Heights , and all that part of the unnamed street abutting Lots 30, 81 , 82, and 83 lying between the Southerly line of Lot 80 extended t-Jesterly to the MAC Railroad and the Northerly line of Lot 83 extended Westerly to the HAC Railroad right-of-way, as shown on the original map of said River View Heights Addition, and all that part of the right-of-way of the Minneapolis, Anoka and Cuyuna Range Railroad Company in the Southeast Quarter of the Northwest Quarter of Section 3, Township 30 North Range 24 West lying between the North line of Lot 83, Block A, also known as Section A, River View Heights , extended West through said right-of- way and said South line of Lot 80, Block A, River View Heights , extended West through said right-of-way according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 441 Hugo Street N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING NOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPEN AT 7:36 P.M. Mr. Robinson stated this was basically a housekeeping item at this point, although they still have to go through the public hearing process. This property has been before the Planning Commission and the City Council several tines in the past. The property was located on Hugo and East River Road and was zoned predominately R-3 and also included two single family lots. This sane property was subject to a lot split which divided the property into three single family lots. This lot split was approved by the City Council on Nov. 3, 1986. Construction of single family homes was permissible in a multiple zone, so the rezoning was done at the behest of the City Council and was a stipulation with the lot split. The reason for the rezoning was to ensure that if only one or two houses were built on the lot, they would not be left with a small piece of R-3 property. MOTION BY MR. KONDRICK, SECONDED BY MR. SVANDA, TO CLOSE THE PUBLIC HEARIIJG. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE PUBLIC HEARING CLOSED AT 7:38 P.M. PLANNING COMMISSION MEETING, MARCH 25, 1987 PAGE 3 MOTION BY MR. KONDRICK, SECONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF REZONING REQUEST, ZOA #87-02, BY MCCK, INC. , WITH NO STIPULATIONS. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Robinson stated this item would go before the City Council on April 20. 3. PUBLIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT, SP #87-04, BY JAMES DOWDS: Per Section 205.17.1 , C, 8, of the Fridley City Code, to allow ecterior storage of materials on that part of Lots 22, 23, and 36, Auditor's Subdivision No. 39, Anoka County, Minnesota, and that part of the Minneapolis , Anoka, and Cuyuna Range Railway described as follows : Beginning at the intersection of the east right-of-way line of State Aid Highway No. 1 (also known as East River Road) with a line distant 134.5 feet north from and parallel wi the south line of said Lot 36; thence north along said east right-of-way 1L ne 609.63 feet; thence east parallel with said south line of Lot 36 a distance of 100.19 feet; thence south, parallel with said east right-of-way line 378.63 feet; thence southeasterly to a point on a line distant 145.00 feet east from the point of beginning, said line being 134.5 feet north from and parallel with said south line of Lot 36; thence west 145.00 feet to the point of beginning, and that part of Lots 22, 23, and 36, Auditor's Subdivision No. 39, Anoka and Cuyuna Range Railway described as follows: beginning at the intersection of the east right-of-way line of State Aid Highway No. 1 (also known as East River Road) with a line distant 134.5 feet north from and parallel with the south line of said Lot 36; thence north along said east right-of-way line 822.03 feet; thence east parallel with said south line of Lot 36, a distance of 100.19 feet; thence south parallel with said east right-of-way line 591 .03 feet; thence southeasterly to a point of a line distant 145.00 feet east from the point of beginning, said line being 134.5 feet north from and parallel with said south line of Lot 36; thence west 145.00 feet to the point of beginning , generally located at 3737 East River Road N.E. MOTION BY MR. KONDRICK, fSECONDED BY MR. SVANDA, TO WAIVE THE FORMAL READING OF THE PUBLIC HEARING XOTICE AND TO OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ,ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUS AND THE PUBLIC HEARING OPEN AT 7:48 P.M. Mr. Robinson stated the special use permit was for outside storage related to the exponsion;,of the auto salvage yard located on the east side of East River Road and north of 37th Ave. The expansion would take place onto the Burlinqton Northern p,,�operty, approximately 600 feet north of the existing salvage center. This property would be for the storage of disabled vehicles. Mr. R inson stated Staff was recommending the following stipulations : 1 . Petitioner to enclose neer storage area with 8 foot high chain link fence with, Staff approved, vinyl screening slats all along the north and west sides, prior to any storage. PLANNING COMMISSION MEETING, MARCH 25, 1987 PAGE 4 2. Petitioner to spray paint existing slatted fence (where vine growth allows) to match new fence slatting by June 30, 1987. 3. Petitioner to install landscaping as per City plan date ' March 18, 1987, by June 30, 1987. 4. Petitioner to install underground irrigation for la scaping by June 30, 1987. 5. Petitioner remove or repair security but at main/ entry by June 30, 1987. 6. Petitioner to install blacktopping and concr teecurbing for salvage yard and Shorty's Towing as shown on City plan dted March 18, 1987, by July 31 , 1987. / J� 7. Petitioner to combine existing parcels,Aunder his ownership into one tax parcel prior to Council approval . ft 8. Landscaping and irrigation subjecYto modification based upon County and NSP considerations. 9. Burlington Northern must agree° prior to City Council approval , to remove the billboard located east o, East River Road and south of 44th Avenue North within five years. f 10. Special use permit is fo/the property lying approximately 609 feet north of existing salvage yard, which represents a lesser amount than that published. f 11 . A performance bond r letter of credit in the amount of $10,000 to cover improvements to b "submitted to the City prior to effectuation of special use periiit #87-04. • Mr. Jim Dowds stated there seemed to be some confusion about what they are. Even though their name was The Salvage Center, they were not a salvage yard. Because they handle wrecked cars , they are required to have a salvage yard license which was renewed annually. He stated the Salvage Center has been in this locat,,fon for 14 years, and in that 14 years they have never had a c/also t a ut their recycling operation. They are a brokerage and represent ie mpanies. They collect disabled vehicles (total-loss vehicles) and ts vehicles are auctioned. The cars come in as a unit and go out as a uere was no dismantling, crushing, or repairing on the premisAs. It wctly a commodity business, an auction business , and they are the bg of the recycling chain for wrecked automobiles. P1s stated that at this location, they have recycled over 100,000 wcars , serving the greater metropolitan area over the last 14 years. To were the pioneers of the U-Can North, where they recycled 50 million a cans for a number of years. {ie did sell U-Can to Universal Can Company which was now doing a joint venture with the City of Fridley at the former SORT recycling site. (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Ave- nue Northeast on Monday, April 20, 1987 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Rezoning request, ZOA #87-02, by MCCK Inc.,to rezone from R-3,General Multiple Dwelling, to R-1, One Family Dwelling, on Lots 80 through 83, Block A, Riverview Heights, and all that part of the unnamed street abutting Lots 80, 81, 82 and 83 lying between the Southerly line of Lot 80 extended Westerly to i the MAC Railroad and the Northerly line of Lot 83 extended W sterly to the MAC Railroad rig t of way,as shown. on the origin 1 map of said River View Heightls Addition, and all that part of the right of way of the Minneapolis, Anoka and Cuyuna Range Railroad Company in the Southeast Quarter of the Northwest Q arter of Section 3, Township 30 Alorth Range 24 West lying between the North line of Lot 83, Block A, also known as Section A. River View Heights, extended West through said right-of-way and said South line of Lot 80, Block A, River View Heights, extended West through said right of way according to the plat thereof on file and of record to the office of the County Re- corder in and for Anoka County, Minnesota, the same being 441 Hugo Street N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (April 6&13,1987)-FRID 3 IC HEARING PUBL � BEFORE 9BE CITY OOUNCIL 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, April 20, 1987 in the Council Chamber at 7:30 p. m. for the purpose of: Consideration of a Rezoning request, ZOA #87-02, by MCCK Inc. , to rezone from R-3, General Multiple Dwelling, to R-1, One Family Dwelling, on Lots 80 through 83, Block A, Riverview Heights, and all that part of the unnamed street abutting Lots 80, 81, 82 and 83 lying between the Southerly line of Lot 80 extended Westerly to the MAC Railroad and the Northerly line of Lot 83 extended Westerly to the MAC Railroad right of way, as shown on the original map of said River View Heights Addition, and all that part of the right of way of the Minneapolis, Anoka and Cuyuna Range Railroad Company in the Southeast Quarter of the Northwest Quarter of Section 3, Township 30 North Range 24 West lying between the North line of Lot 83, Block A, also known as Section A, River View Heights, extended West through said right of way and said South line of Lot 80, Block A, River View Heights, extended West through said right of way according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota, the same being 441 Hugo Street N. E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: April 6, 1987 April 13, 1987 � 3G ODUNCIL OF 3. 1986 his hone; and the buyer or mortgage company was aware part of his garage wasn't on his property, it would be a problem. MDTION by Gbuncilman Schneider that if the lot split proceeds for 6 342 & 6314 Baker Avenue, due to the encroachment problem, the fee for the lot split would be waived. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A recess was called at 11: 15 p.m. by Mayor Nee. RECONVENED: Mayor Nee reconvened the meeting at 11:30 p.m. All Council members were present. 13. RRE EIVIW'u THE MINUTES OF THE PLANNING COMMISSION MEETING OF OCTOBER 22, 1986: A. CONSIDERATION OF A REZONIM MUEST. ZOA #86-05, TO REZONE FROM M-2, HEAVN I_NDUSTRTAL, TO P,-3, GENERIS—Nttn.PLP DWELLIWj, _TO CQN- STRUCT 358 APART MM UNITS, GENERAr..:.r Y LOCATED SOM OF 85TH_AVENUE WEST OF UNIVERSITY AVENUE AND NORTH OF 83RD AVENUE, BY UNIVERSITY AVENUE ASSOCIATES_ MDTION by (buncilman Fitzpatrick to set the public hearing on this rezoning request for November 17, 1986. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. B. I ERATION OF A FINAL PLAT, P.S #86-05, NORTH PARS ESTATES, GENERALLY ATED SOTUH _OF 85TH AVENUE, WEST OF UNIVERSITY A AND NORTH OF 83RD AVENUE, BY UNIVERSITY AVENUE ASSOCIAWZ.- MDTION by Councilman Fitzpatrick to set the public hearing on, this final plat for November 17, 1986. Seconded by ODuncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimdysly. C. CONSIDERATION OF A LOT SPLIT. L #86-08, TO CREATE THREE SINGLE FAMILY L rrS ON IMS 78, 79, 80, 81, 82 AND 83, BLOM A, pn EWTEL; HEIGHTS, THE SAME BEING 441 HUUO STREET N E . BY DIVISION i REAL ESTATES. INC. : Mr. Robertson, Om nunity Development Director, stated this is a request for a lot split in order to create three single family lots. He stated there was an approved plan for multiple development on this site several years ago which never proceeded. He stated the property is located on the northeast corner of Hugo and East River Road and has two zoning classifications, R-1 and R-3. He stated the property to the north is zoned R-2 and the neighborhood is mostly single family hares. -15- I • 3H Mr. Fbbertson stated if the lot split is approved, variances are needed on Parcels B and C to reduce the required lot area from 9,000 square feet to plus or minus 7,165 square feet and variances on these two parcels to reduce the required lot widths from 75 to 70 feet. Mr. Robertson stated the Planning Commission preferred not to give a recommendation, based on the action the Cbuncil had taken on a lot split on Old Central, and questioned if this was a similar case. He stated he felt the difference in this case is the area has already been platted and the pattern for development is set, which was not the case involving the other lot split. (buncilman Fitzpatrick stated there have been several proposals to develop this property and this 'is the least intensive use of the land. MJTION by Councilman Fitzpatrick to grant lot split, LS. #86-08, with the following stipulations: (1) a 17.5 foot street and bikeway/walkway easement be provided along East River Road; (2) a 12 foot easement along Hugo Street be provided; (3) lot area variances are granted from 9,000 to plus or minus 7,165 square feet on Parcels B and C; (4) lot width variances are granted on Parcels B and C frau 75 to 70 feet; (5) park fees of $750 are required for each of the three lots payable with the building permits; (6) lot split is to be recorded at Anoka County within six months; and (7) the owner agrees to apply for rezoning of the property to single family, R-1, prior to recording lot split. Further, in conjunction with staff recommendations, the following shall apply: (1) the parcels shall become three separate tax parcels; (2) a replat or registered land survey is to be submitted, if this lot split cannot be recorded at the (bunty by a simple legal description; and (3) sewer and water lateral and tap assessments shall be paid. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of October 22, 1986. Seconded by Councilman Schneider. Upon a voice vote, ,all voting aye, Mayor Nee declared the motion carried unanimously. 14. RECEIVING THE 4UNUTE.S OF THE CATV ADVISORY COMMISSION OF OCIOBER 23, 1986 MJTION by Councilman Schneider to receive the minutes of the CATV Advisory Commission meeting of October 23, 1986. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. A. CONSIDERATION OF ALLOCATION OF FRANCHISE FEE TO ACCW: Mr. Hunt, Assistant to the City Manager, stated the Cable Commission had recommended 53% of the franchise fee be allocated to the ACCW, with the feeling the City could draw on the interest of the capital outlay fund to meet the City's funding of 60%. Mr. Qureshi, City Manager, stated a formula was devised several years ago in -16- • COUNCIL MEETING OF APRIL 20, 1987 residential area. Mr. Kirk Herman, 610 57th Avenue, stated on Easter Sunday, with. the ,high winds, he couldn't be inside or outside his hone because of the problem with the sand. He stated he felt this is also a health hazard. He stated when this project began a year ago, they were promised it would be leveled, sodded, and seeded by April of this year. Mr. Herman stated Eneback Construction came out and watered down the road twice, but it didn' t do any good. He felt someone has to do something for the safety and well-being of the people in the area. Mr. Herman stated it isn't only the pools where the sand is a problem, but it is inside their homes as well.. He felt if the area of this site between the residences was watered it,;v`ould help. Mr. Flora stated the project will be completed in August of this year and the majority of the work should be done in June or July, with some major improvement in may. Mr. Kellar asked if there could be some kind of watering program. Mayor Nee asked if the City has the capabilities to sprinkle when there is a problem with the wind. Mr. Flora stated the City, did not have the equipment to accomplish this task, however, it may be possible for the City or HRA to procure such equipment. He stated this is a large area and in order to try and reduce the amount of blowing sand, ;the top of the mounds of sand need to be watered quite extensively to form a crust. He stated what is contributing to the problem is the fact that the area has been dry since last November. Mr. Herman stated he would like ,to see a schedule when this work will be completed. Mr. Flora stated as soon as the City receives this schedule, it could be forwarded to the residents. Mr. Fred Rushin, 620 57th Avenue, stated a plastic barrier was torn out by the contractor and questioned why it was removed. Mr. Flora stated it was removed so the berm could be constructed and it will then be re-installed. Mr. Flora stated the contractor is required to attempt to control the sand, however, he does not have the resources to control the entire site. He stated load limit were raised a week ago and the contractor is making an effort to eomple his work on the site and is focusing his attention on the buffer strip. Mr. Kellar stated 90% of the contractors worked most of the winter and didn't feel ;this contractor was making that much of an effort to get the work completed. Mr. Flora stated the contractor' s equipment in March and April was/isolated due to load limits. Mr. Kel ar stated there are 10 ton roads from Northfield so the contractor could t permits and felt this is not a valid excuse. Mr. Flora stated the load imits applied to the site on which the equipment was located. Na r Nee stated the City will make every effort to assure that this project r ceives the utmost priority from the contractor so the work can be -3- COUNCIL K=ING OF APRIL 20, 1987 completed and the problems for the residents resolved. PUBLIC HEARINGS: 2. CONSIDERATION OF A VACATION REQUEST, SAV #87-02, TO VACATE THE NORTHERLY 1 FOOT OF THE EASTERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON THE SOLM ERLY 5 FEET OF LOT 16, BLOCK 10, DONNAY'S LAKEYIEW MANOR ADDITION, THE SAME BEIM 550 57TH AVENUE N.E , BY JACK CHAMBERS: NDTION by Councilman Goodspeed 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 9:40 p.m. Mr. Robertson, Con nunity Development Director, stated this petition is to vacate the northerly one foot of the easterly 30 feet of a utility easement located on the rear of the property at 550 57th Avenue. He stated there is an existing garage that has a slight overhang into this easement and the property owner wishes to avoid any problems with the deed. Mr. Robertson stated the utility companies have no objection to this vacation request. Ms. Judy Harald, 560 57th Avenue, stated she has no problem with the vacation, but is concerned about the dumping of oil around the garage area. She stated she would like to request a thorough cleanup of this spillage. Mayor Nee stated it is against the law to dump oil in the ground and would have the City Inspector check on it. Ms. Harald stated the property owner is Scott Fuerstenberg. No other persons in the audience spoke regarding this proposed vacation. NDTIONCouncilman Goodspeed to close the public hearing. Seconded by Co ' woman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee deed the motion carried unanimously and the public hearing closed at 9:9.m. ,r 3, ODNSIDERATION OF A REZONING RDOUESr, ZOA #87-02, TO REZONE FROM-R-3, GENERAL MULTIPLE DWELLING, TO R-1, ONE FAMILY DWELLING, GENERALLY LOCATED AT 441 HUGO STREET N E , BY MCCK, INC MOTION by Councilman Fitzpatrick 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 9:48 pm. Mr. Robertson, Community Development Director, stated the Council approved a lot split on November 3, 1986 to allow three single family homes on this property. He stated in order to ensure continued R-1 status in the future, Council stipulated the down zoning frau R-3 to R-1. He stated the permits have been issued, park fees paid, other oustanding special assessments accepted by the developer, and required easements granted. -4- COUNCIL MEETING OF APRIL 20, 1987 Iia persons in the audience spoke regarding this proposed rezoning. MDTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:49 p.m. 4. CONSIDERATION OF A ',,CATION REDUEST, SAV #87-01, TD VACATE-A- 33 FOOT STREET DEDICATION BETWEEN ;7TH PLACE AND 57 1/2 AVENUE LYING EAST OF TAT 15 BLOCK 1, AND WEST OF LOT 1, BLACK 2, CITY VIEW ADDITION. ALL LYING IN THE CITY OF FRIDLEY1 ANOKA COUr , MINNESOTA, GENERALLY EAST OF 247 57TH PLACE. "N.E. , BY RICHARD PETERSON: MDTION by Councilman Fitzpatrick 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 t 'e motion carried unanimously and the public hearing opened at 9:50 p.m. Mr. Robertson, Community Development Director, stared this proposal is to vacate the riot-of-way between 57th Place and 57-1/2 Avenue. He stated the right-of-way is 33 feet wide and one-half of the property would go to the property to the west and one-half to the property to the east. He stated this vacation would eliminate the need for a side yard variance. Mr. Robertson stated the right-of-way is not utilized and is a grassy area and does not align with the 2-1/2 Street right-of-way to the north. He stated the Planning Commission recommended approval of this vacation with the stipulation that a utility easement be retained over the entire portion. Mayor Nee asked if there is any pedestrian use of this right-of-way. Mr. Robertson stated he didn't think there is significant pedestrian use. Mr. Qureshi, City Manager, stated if one half of the vacation is approved, the property would go to the west and the City would retain a utility easement for the entire 33 foot parcel and on the east half the pedestrians would have a legal right to use this easement. Councilman Fitzpatrick stated he would like staff to determine why these two streets aren't in alignment. Mr. Herrick, City torney, stated it appears it is all part of City View Addition. He stayed the land to the west is Block 1 and the land to the east is Block 2 and if the entire area is vacated, one-half would go to Lot 15, Block 1 and the other half would go to Lot 1, Block 2. He stated if only the west half is vacated, then the description will have to change. Mr. Peterson, the petitioner, stated there is a lot of pedestrian traffic and a paA running in the other 16-1/2 feet. He stated all he needs is ispe/aeconstruct a garage. e stated half of the easement could be vacated and the other half pedestrian traffic. Robertson stated the implication was if, in the future, there was a -5- COUNCIL MEETING OF APRIL 20. 1987 request for vacation, one half would go to the west and the other half to the east. No other persons in the audience spoke regarding this proposed va tion, MDTION by Councilman Fitzpatrick to close the public hearing. econded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 9:57 p.m. 5. RESOLUTION ISA 37-1987 FINDING THE AMENDMENT OF THE HOUSING & REDEVELOPMENT _AWHORITY'S MODIFIED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO I. THE ENLAI;GEMENr OF THE REDEVELOPMENT PRa7ECT AREA, AND THE AMENDMENT OF THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NO-2 THROUGH W. 8 TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN FOR THE CITY: MDTION by Councilman Goodspeed to waive the reading of the public hearing notice and open the public hearing. Seconded by Cbuncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 9:58 p,m. Mr. Robertson, Community Development Director, stated in order to facilitate the HRA proposal to enlarge the Redevelopment Project Area No. 1 and to modify Tax Increment Financing Plans for Districts No. 2 through 8, it is necessary for the Council to adopt this resolution. He stated the purpose of the changes are to add marginal properties located on or near University Avenue between 53rd Avenue and 61st Avenue; add public right-of-way along and abutting the University Avenue Corridor improvement project ; and to amend T. I. F. budgets to reflect improvement costs associated with the University Avenue and Mississippi Street Corridor projects. Mr. Robertson stated the map shown on page 5D of the agenda book shows properties which are or may be included as part of the Redevelopment District. He stated the areas shown in solid black indicate projects that could become, in the future, a part of the Redevelopment District. No persons in the audience spoke regarding this proposed amendment. MDTION by Councilman Fitzpatrick to close the public hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman oodspeed stated he would like to expand the Redevelopment District to include Mena rd's. Mr. Qur i, City Manager, stated the area can be reduced, but not expanded, witho proceeding through the necessary process to make these changes. He sta if the Council desires to include this property, it can be processed for inclusion in future expansion of the Redevelopment District. TIds ON by Councilman Goodspeed to adopt Resolution No. 37-1987. Seconded by uncilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee -6- COUNCIL MFFTIM OF 0 4. 1987 • RECESS: Recess called by Mayor Nee at 11:00 p.m. RECONVENED: Mayor Nee reconvened the meeting at 11: 10 p.m. Al , Council members were present. NEW BUSINESS• 6. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPRWING A VACATION REOUEST, SAV #87-02, TO VACATE THE NORTHERLY 1 FWT OF THE FASI'ERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEMENT LOCATED ON THE SOUTHERLY 5 FEET OF LOT 16, BLOCK 10, DONNAY'S LAKEVIEW MANOR ADDITION, THE SAME BEING 550 57TH AVENUE N E , BY JACK CHAMBERS: Mr. Robertson, Community Development Director, stated a public hearing was held on April 20 regarding this vacation and there were no objections. He stated the question raised regarding the dumping of oil on this site has been investigated and there has been a cleanup. MOTION by Councilman Goodspeed to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Fitzpatrick. Upon a voice' vote, all voting aye, Mayor Nee declared the motion carried unanimously. 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE APPROVING A REZONING REQUEST, ZOA #87-02, TO REZONE FROM R-3, GENERAL MULTIPLE DWELLING, TO R-1, ONE FAMILY DWELLIM, GENERALLY LOCATED AT 441 HLOO STREET N.E. , BY MCCK, INC. Mr. Robertson, Community Development Director, stated a public hearing was held on April 20 regarding this rezoning and there were no objections. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilwcman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 8. CONSIDERATION OF FIRST READII� OF AN ORDINANCE APPROVING A VACATION REQUEST. SAV #87-01, TO VACATE A 33 FOOT STREET DEDICATION BETWEEN 57TH PLACE AND 57 1/2 AVENUE LYING EAST OF LAT 35, BLOCK 1, AND WEST OF LOT 1, BLOCK 2 , CITY VIEW ADDITION, ALL LYING IN THE CITY OF FRIDLEY, ANOKA COUNTY, MINNESOTA, GENERALLY LOCATED EAST OF 247 57TH PLACE N E , BY RICHARD PETERSON: Mr. Robertson, Community Development Director, stated this vacation is for the westerly half,only of the 2 1/2 Street right-of-way between 57th Place and 57 1/2 Aver) . He stated the Planning Commission recommended approval and the Council held a public hearing on this vacation on April 20. Mr. Robern stated the Planning Commission recommended the City retain a tla,lty easement over the entire portion and this is noted in the ordinance. -7- COUNCIL MEETING OF MAY 4, 1987 Councilman Fitzpatrick asked if the property covered in this vacation reverts to a single property owner to which Mr. Robertson answered in the aff irmative. MDTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 9. CONSIDERATION OF SETTING A PUBLIC HEARING ON CREATING CHAPTER 403 OF THE FRIDLEY CITY CODE RELATIIG TO UNIFORM ELECTRIC FRANCHISE: Mr. Flora, Public Works Director, stated the Suburban Rate Authority is working with Northern States rower for a uniform franchise for all member suburban communities. He stated the franchise has been accepted by Northern States Rower and in order for the City to adopt this franchise, a public hearing is required under the City Charter. NDTION by Councilman Schneider to set the public hearing regarding this franchise for June 1, 1987. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 10. 0ONSIDERATION OF SETTING A PUBLIC HEARING TO ADD TO THE FRIDLEY CITY CODE, CHAPTER 407 , PUBLIC UTILITY GROSS EARNINGS FRANCHISE FEE• Mr. Flora, Public Works Director, stated in order to establish a utility franchise fee, a public hearing is required under the City Charter. rT)TION by Councilman Schneider to set a public hearing regarding this franchise fee for June 1, 1987. Seconded by Cbuncilman Goodspeed. Mr. Jim Anderson, Administrator for Minnesota Public Affairs for Minnegasco, appeared before the Council regarding Minnegasco's position on this proposed franchise fee and stated a letter dated May 1, 1987 has been forwarded to the Council. He stated Minnegaseo is opposed to anything that imposes taxes or fees or discriminates against its customers. He felt the proposed franchise fee discriminates against lower income groups and customers who prefer natural gas over other energy sources. He stated the fee would place Minnegasco in a very serious position as the price ratio of gas to oil is only six eentd difference. He stated this franchise fee would add a three percent tax ,which would mean an additional cost of seven cents and the difference .,in cost between gas and oil increases to 13 cents per gallon. He felt Minn�gasco may lose some high volume customers with this 13 cents difference in cost and when large volume users are lost, this amount has to be made,Iup by the snail volume customers. Mr. AX-lerson felt if the City needs additional revenue, a mill levy would be more appropriate because everyone would pay rather than just the gas cust,mers. He stated electric and gas utilities are the only ones that pay a 1darsonal property tax and there is legislation to increase this rate, -8- c ouNcIL MEETING OF MAY 18, 1987 MOTION by Councilman Goodspeed to waive the second reading and adopt Ordinance No. 883 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared_t.he motion carried unanimously. 2. ORDINANCE NO 884 APPRWING A REZONING REQUEST, Z0A #87-02• TO REZONE FROM R--3, GENERAL MULTIPLE DWELLING, TO R`1, ONE FAMILY DWELLING, GENERAL LOCATTEp AT 441 HUGO STREET N E. . BY MQ MOTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 884 on second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO 885 APPROVING A VACATION REOUEST, SAV #87-01, GENERALLX LOCATEp EAST OF 247 57TH PLACE N E , BY RICHARD PETERSON-. NOTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 885 on second reading and order publication. Seconded by Oouncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. _CONSIDERATION OF APPOINTMENTS TO ENVIROENERGY, AND HOUSING AND_REDEVELOPMENT AUTHORITY COMMISSIONS: MOTION by Oouncilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE No 886 TO REOODIFY THE FRIDLEY CITY CODE BY AMENDING CHAPTER 11 ENTI "GENERAL PROVISIONS AND FEES". BY DELETING THE VENDING MACHINE FEE: NOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 886 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ORDINANCE No,. 887 RECODIFYING THE FRIDLEY CITY CODE BY AMENDING CHAPTER 203 ENTITLED "MOBILE HOME PARK" , BY DELETING SECTION 203 04 , CERTIFICATE OF CONTINUED OPERATION AND RENUMBERING CONSECUTIVELY: NOTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 887 on 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• 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING CHAPTER 205 OF THE FRIDLEY CITY CODE, AS IT RELATES TO SOLID WASTE STORAGE CONTAINER ENCLpSUgES, HEAL TH CARE CLI PARKIM, A AND RA E -2- THE MINUTES OF THE RDGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF MAY 18, 2Z The Regular Meeting of the Fridley City (buncil was called to order at 7: 38 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Cbuncil and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Cbuncilwoman Jorgenson, Cbuncilman Schneider, (buncilman Fitzpatrick and Councilman Goodspeed MEMBERS ABSENT: None APPRDVAL OF MINUTES: BOARD OF REVIEW, MAY 4 , 1987 MICTION by Councilman Fitzpatrick to approve the minutes as presented. Seconded by CbLncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. COUNCIL MEETING, MAY 4 . 1987 MDTION by Councilman Schneider to approve the minutes as presented. Seconded by (buncilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTION OF AGENDA: MDTION by Councilman Schneider to adDpt the agenda as presented. Seconded by Councilman Fitzpatrick. 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• 1. ORDINANCE NO, 883 APPRWING A VACATION RBC)UEST, SAV #87-02, TO VACATE THE NORTHERLY 1 = OF THE EASTERLY 30 FEET OF THE 5 FOOT DRAINAGE AND UTILITY EASEMENT' LOCATED ON THE SOUTHERLY 5 FEET OF IAT 16 , BLOCK 10 , DOIv'NAY' S LAKEVIEW MANOR ADDITION,, THE SAME BEING 550 57TH AVENUE N.E. , BY JACK CHAMBERS: -1- City of Fridley (Official Publication) ORDINANCE NO.884 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY,MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does hereby ordain as follows: SECTION 1.Appendix D of the City Code of Fridley is amended as here- inafter indicated. SECTION 2.The tract or area within the County of Anoka and the City of Fridley and described as: Lots 80 through 83. Block A, Riverview Heights, and all that part of the unnamed street abut- ting Lots 80, 81,82 and 83 lying between the Southerly line of Lot 80 extended Westerly to the MAC Railroad and the Northerly line of Lot 83 extended Westerly to the MAC Railroad right of way, as shown on the original map of said River View Heights Addition,and all that part of the right of way of the Minneapolis, Anoka and Cuyuna Range Railroad Com- pany in the Southeast Quarter of the Northwest Quarter of Section 3. Township 30, Range 24, West lying between the North line of Lot 83, Block A, also known as Section A, River View Heights, extended West through said right of way and said South line of Lot 80.Block A.River View Heights, extended West through said right of way according to the plat thereof on file and of record in the office of the County Recorderin and for Anoka County, Minne- sota, the same being 441 Hugo Street N.E.Is hereby designated to be in the Zoned District known as R-1(One Family Dwelling.). SECTION 3.That the Zoning Ad- ministrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-3(General Multiple Dwell- ing)to R-I(One Family Dwelling). PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 18th DAY OF MAY, 1987. WILLIAM J.NEE,Mayor ATTEST: SHIRLEY A.HAAPALA City Clerk Public Hearing:April 20,1987 First Reading:May 4,1987 Second Reading:May 18,1987 Publish:May 25.1987 (May 25,1987)-FRID JUN 81987 C YOF F14DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 CITY ODUNCIL ACTION TAKEN NOTICE MCCK Inc. May 29, 1987 13562 Central Avenue N.E. Anoka, MN 55304 On May 18, 1987 the Fridley City Council ofticially approved your request for a rezoning, ZOA #87-02, to rezone from R-3, General Multiple Dwelling, to R-1, One Family Dwelling, generally located at 441 Hugo Street N.E. with the following stipulations: None. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, 7 James L. Robinson Planning Coordinator JLP/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department by June 12, 1987. E"-1 /J�cc•l� ,mac. Concur with action taken STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Rezoning, ZOA #87-02 REZONING MCCK, Inc. , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 18th day of May , 1 D 87 , on a petition for rezoning pursuant to the City of Fridley's Zoning Ordinance, for the following described property: Rezone from R-3, General Multiple Dwelling to R-1, Single Family Dwelling, on Lots 80 through 83, Block A, Riverview Heights, and all that part of the unnamed street abutting Lots 80, 81, 82 and 83 lying between the southerly line of Lot 80 extended Westerly to the P1AC Railroad and the northerly line of Lot 83 extended westerly to the MAC Railroad right-of-way, as shown on the original map of said Riverview Heights Addition, and all that part of the right-of-way of the Minneapolis, Anoka and Cuyuna Range Railroad Company in the southeast quarter of the northwest quarter of Section 31 T-30, R-24 west lying between the north line of (over) IT IS ORDERED that rezoning be granted as upon the following conditions or reasons: See City Council minutes of May 18, 1987. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, City Clerk for the City of Fridley with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting rezoning with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridle , Mi ne ota, in a County of Anoka on the _ day of DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 SHIRLEY A. HA PALA, CITY CL RK (SEAL) w � Lot 83, Block A, also known as Section A, Riverview Heights, extended west through said right-of-way and said south line of Lot 80, Block A, Riverview Heights, extended west through said right-of-way according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, the same being 441 Hugo Street N.E. LMCOUNCIL ,ErING OF MY MDTION by Councilman Goodspeed to waive the.sseeond reading and adopt Ordinance No. 883 on secondre ding and"order publication. Seconded by Councilman Fitzpatrick: Upon a voice vote, all voting aye, Mayor Nee dzslared the motion carried unanimously. 2, QfQjMtKF, No. $$4 APk'RWII, A REZONI ,, RF�UEST. ZOA #�87-02, TO REZONE FROM 1�- EtERALMUILTIPLE DWELLINQ. TO R-1, ONE FAMILY DI ELLINQ, GENERALLX TED AT Q41 HUSO UREET N E,, BY MCCF. INS MDTION by Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 884 on second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 3. ORDINANCE NO, 885 J� NG pppQyJA VACATION REQUEST. SAV #87-01, GENERALLY LpCATED FAST OF 247 57TH PLACE N E , BY RICHARD PETERSON: MDTION bv Councilman Fitzpatrick to waive the second reading and adopt Ordinance No. 885 on second reading and order publication. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 4. ooNSZD,-M-Tj h OF APPOINTMENTS TO ENVIROAjENTAL OUALITY, ENERGY. AND MOUSING AND REDE`JE ISSIONS: MDTION by Cbuncilman Schneider to table this item. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. ORDINANCE I0.?, 886 TO RECODIFX THE FRIDLEY CM CODE By. AMENDING CHAPTER 11 1FNTITLED "GEI�RAI pR ��ONS AND FEES". BY DELETI� THE VENTNG MACHINE FEE: MDTION by Councilman Schneider to waive the second reading and adopt Ordinance No. 886 on second reading and order publication. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 6. ORDINANCE_N L$ RE TY CODE Y ND ER 223 ENrl7 M WBIV ME PARK" , BY DELETING SECTION 203 041 CERTIFICATE OF QQNTINUM OpFRATION AND RENUMBERIW,, MDTION by Councilman neider to waive the second reading and adopt Ordinance No. 887 on cond reading and order publication. Seconded by Councilman Fitzpatr ck. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS: 7. CONSIDERATION OF FIRST READING OF AN ORDINANCE RECODIFYING CHAPTER 205 OF SHE FRI LEY CITY CODE, AS IT RELATES TO SOLID WASTE STORAGE CONTAI R ENCLOSZPt,�S, HEALTH CARE CLINIC ?ARKINGIi� ND. CHURCH rARKARAE , / -2-