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SAV96-03 CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. H9 FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VACATION APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: 106 /t q P. T m + N C IkL/,F— Property Identification Number(PIN) S'- 30. z-q~C2- 0&,A7 Legal description: Lot Block 1 Tract/Addition c;5-4ry O Yv P-5 7- Legal Legal description of easement to be vacated: Current zoning: Square footage/acreage Reason for vacation: :�j' e� �a c.y x -q ` /`j6 2- Have Have you operated a business in a city which required a business license? Yes No )0-' If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME - Y ✓� .• ADDRESS /o G - u C 7J� , 1� s-rt,3 z- Y12.1 DAYTIME PHONE S7�63 s�Y SIGNATURE DATE ?42491 PETITIONER INFORMATION NAME <f'/- e. J, '1 N uc�4S ADDRESS /PC, /4,ac .ox er-c-� T )kV- f--3-5132, V12-1 DAYTIME PHONE SIGNATURE a;' ,(Lc DATE 7� l Flo Fee: $250.00 Permit SAV# 91P-072 Receipt# 3 I`4 q Application received by: Scheduled Planning Commission date: ° ' Z � 9P Scheduled City Council date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: A. General: 2. Grading and drainage plan showing existing natural features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. All existing and proposed points of egress/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading areas, fire lanes, occupancy load emergency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoning and land use traffic flow, and traffic-control devices 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories Section 2 be less th $4.40. j „4 w� ..�- s..,,.....+ �_�_... .��• ,fie 71 i .OPV qMil �. � e132�3H 3M a a� 10 O luawasea �,ud, a Oa baa u uuase3 #oaad (A \ 1 � JI i r % LeDS ~L 3A 'NNIW `i?, SI-1OdV3NNIV`i N 9ON3AV ML9S-81t 5 = 9NINNr/ld QNd1 ONM33N1ON3 1Vw01Nf1W "9 1VV7 4" ONilS31 C"110� oNV.3n>r7ne aNv� szjo,'3n ns GN s N i N3 K c a0 ' TI �. I �iCIAI� £0-96# AVS v� '' •t e J�'� '.��, ��, �.� r a,I r • •� • • r� ��.� • �A n � f `� r J• � � • � �' t� �. �' •� e� r • -,. � � ill CITY OF FMDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612) 571-1287 August 2, 1996 Dear Property Owner/Resident: {�ca.dAlf'AA144 93.f! The City of Fridley Planning Commission will be holding an informal public hearing on a vacation request, SAV #96-03, by Clayton and Jean Hicks, to vacate`a five foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 14, 1996. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, August 21, 1996 at 7:30 p.m. at the Fridley Municipal Center, 6431 University Avenue N.E. Any questions related to this item may be referred to the Fridley Community Development Department at 572-3593. DIANE SAVAGE CHAIR PLANNING COMMISSION SAV X696-03 Clayton Hicks N SAV #96-03 106 Hartman Circle Clayton Hicks LOCATION MAP :;AV r'96-03 Mailing List Mailed: 8/2/96 Clayton/Jean Hicks 9/ 16/96 Clayton/Jean Hicks Judith/Don Showalter Wilfred/Marlene Cichy 106 Hartman Circle NE or Current Resident or Current Resident Fridley, MN 55432 6785 E. River Rd. NE 6795 E. River Rd. NE Fridley, MN 55432 Fridley, MN 55432 Carl Winberg WB Gardiner/LD Crouch Paul Johnson or Current Resident or Current Resident or Current Resident 6811 E. River Rd. NE 6823 E. River Rd. NE 6819 E. River Rd. NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Donald/Lillian Wegler Current Resident Anoka County or Current Resident 193 Hartman Circle NE Property Records 6815 E. River Rd. NE Fridley, MN 55432 325 E. Main Street Fridley, MN 55432 Anoka, MN 55303 Merrilyn Belgum Janis Grundmanis Robert/Joyce Gudding or Current Resident or Current Resident or Current Resident 191 Hartman Circle NE 185 Hartman Circle NE 181 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 NP Hayford/CM Lane Richard Trezona Larry/Darlynn Ronn or Current Resident or Current Resident or Current Resident 173 Hartman Circle NE 177 Hartman Circle NE 169 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gladys Lox Dean/Judy Yorston Dave Ulrich or Current Resident or Current Resident or Current Resident 165 Hartman Circle NE 161 Hartman Circle NE 157 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Walter/Suzanne Miskowic Alice Nelson Francis Rivard or Current Resident or Current Resident or Current Resident 153 Hartman Circle NE 149 Hartman Circle NE 145 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Francis Rivard Martin/Thelma Gavic Kenneth/Shirley Miller 7375 Casper Drive or Current Resident or Current Resident San Diego, CA 92119 141 Hartman Circle NE 137 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Anna Wichern Gerald/Judith McDonald Raymond Anderson or Current Resident or Current Resident or Current Resident 6880 E. River Rd. NE 129 Hartman Circle NE 125 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Marga-et Greshik Edward/Lois Scholzen Charles Scholzen or Current Resident or Current Resident or Current Resident 121 Hartman Circle NE 117 Hartman Circle NE 113 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Gabriel/Leslie Giancola Leslie Giancola Joseph/Kay Trymucha or Current Resident or Current Resident or Current Resident 109 Hartman Circle NE 105 Hartman Circle NE 101 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Ruth Mueller Mark/Diane Knutson Charles Jones or Current Resident or Current Resident or Current Resident 128 Hartman Circle NE 140 Hartman Circle NE 150 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Frank/Alice Walz Marlys/John Hinsverk Richard/Arlene Gjevre or Current Resident or Current Resident or Current Resident 160 Hartman Circle NE 170 Hartman Circle NE 180 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Laurie Rakos Robert/Beverly Thurston Helen Sampson or Current Resident or Current Resident or Current Resident 190 Hartman Circle NE 100 Hartman Circle NE 110 Hartman Circle NE Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Elsie Elliott Diane Savage, Chair City Council Members or Current Resident Planning Commission 120 Hartman Circle NE 567 Rice Creek Terr. NE Fridley, MN 55432 Fridley, MN 55432 CLAYTON HICKS VACATION REQUEST 106 HARTMAN CIRCLE MR. HICKS REQUESTS THAT TWO FIVE FOOT DRAINAGE AND UTILITY EASEMENTS BE VACATED FROM HIS PROPERTY. THE HICKS PROPERTY IS A COMPOSITE PARCEL CREATED FROM A PIECE OF LOTS 2 & 3 SANDHURST ADDITION. 1N 1961 A DWELLING WAS CONSTRUCTED WITHOUT VACATING THE EASEMENTS BELOW THE HOME'S FOOTPRINT. THE ENGINEERING DEPARTMENT REVIEWED THE REQUEST AND INDICATED THAT ONLY THE EAST 93 . 11 FEET SHOULD BE VACATED DUE TO THE LOCATION OF OVERHEAD POWER POLES WITHIN THE WESTERLY PORTION OF THE EASEMENTS. STAFF RECOMMENDED THAT ONLY THE EAST 93 . 11 FEET OF THE EASEMENTS BE VACATED WITH 1 STIPULATION. -- THE PETITIONER SHALL GRANT THE CITY A 10' DRAINAGE AND UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE. THE PLANNING COMMISSION UNANIMOUSLY RECOMMENDED APPROVAL OF THE REQUEST WITHOUT THE STAFF RECOMMENDED STIPULATION. FURTHER ANALYSIS BY STAFF REVEALED THAT THE BEST ALTERNATIVE SOLUTION WOULD BE TO REQUIRE A 5' UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE. THIS WOULD BE CONSISTENT WITH TYPICAL LOT EASEMENTS AND WOULD ALLOW TRENCHING OF A UTILITY IN THE EVENT A LINK IS REQUIRED. APPLICATION REVIEW CHECKLIST FILE: APPLICATION RECEIVED DEVELOPMENT W"--tz REVIEW Comm 7 ADDRESS FILE REVIEWED * LAND USE Fl LES? KXhtt +1 PETITIONER CALLED SITE VISIT/MEETING AERIAL PHOTO MADE MAPS DONE REPORT WRITTEN CITYOF CITY OF FRIDLEY FRJDLEY COMMISSION APPLICATION REVIEW File Number 40 File Date 7/23/96 Meeting Date 8/21/96 Description: Vacation, SAV #96-03, by Clayton and Jean Hicks; 106 Hartman Circle NE Return to the Community Development Department Barbara Dacy Community Development Director John Flora Public Works Director Ed Hervin City Assessor Scott Hickok Planning Coordinator Ron Julkowski Chief Building Official Dick Larson Fire Marshall Michele McPherson Planning Assistant Dave Sallman Police Chief Jon Wilczek Asst. Public Works Director City of Fridley MEMORANDUM TO: Michele McPherson, Planning Assistant PW96-177 FROM: ;11-on Wilczek, Assistant Public Works Director DATE: August 15, 1996 SUBJECT: 106 Hartman Circle, Vacation of Easement I have reviewed the easement usage which is underneath the house located at 106 Hartman Circle. The section of the easement that is directly under the house is not under usage now and I do not see a future need for an easement at that location. However, the easement to the west of the house is necessary for drainage and other utilities, including Northwestern Bell and NSP. Therefore, recommend that we vacate the east 93.11 feet of the utility easement located on the south line of Lot 2 and on the north line of Lot 3, Block 1, Sandhurst Addition. If you have any questions and/or comments, feel free to contact me at 551. JW:cz 14.08 N l/2 SEC. /5, T. 30, R. 24 CITY OF FR/DL EY p 0 Q 3 � M5 H� RD f A 0 r/ N MGs ~ G- ..e ,• � � r, REV. .,. 21 w e,l Y 17 a AUD. SUB. LO E LAKE-RD.— Wl" NO. 23 z os a 's s D. 3 �' OD IL a � ,�,` � + •sem I�,•e- d, 4``i anr37 _�•iat 5 ,04I3 b.,e � fy♦,,ate ` `�1 �' � 1 ..till N! `f r. �.. ' ✓? W a 1 � ( w -"ate:` :: N ♦'S a: I A�� IN`CE 5 _ v a« a : ,.� W�,r • I —��- F �3Q a G � (a> ,+.. _ w^ 1 T �� i t y � a ,.p7 r ..• , (r7 � W V� y� xn (•) t(. sb` � Z .gid CO FRIO (Al IF r'� en N`f4'` � O• 2 - z V � f/) SA- Q e ♦� '!f wtr shwN {J .! lii .r• h „i '♦ A V V)� k" H: !t) :'D) '"7 (r) I i � �� — ',:%� — �•;` �,,, ,, • .� ' ' .��` far :� �, � .M F. /"!r�) � iy•' ♦ ••.`�. .per T• �♦/ '♦ /:.`3,` �. yl� • ♦M 14 19 „t. I ✓ -� 1 ' II" n S FiN y R 1d U 7 � I - 1 Y': r• • k cl S .o izr_ im$$19StPPF--WAY-- I'fRA�f G" a13 �9 14 PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 5 MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval of Special Use Permit, SP #96-15, by _,VtTsMART, to allow a veterinary facility in conjunction with a ,P`ETsMART retail store on Lot 2, Block 1, Home Depot Fridley Addit�ion, generally located at 5660 Main Street N.E. , with the following stipulations: 1. All windows in the area of building housing animals shall be double glazed with a fixed ash. 2. Any ventilation systema"shall be designed so that no odors or organisms will spread between wards or to the outside air. 3. There sh;ioner ll b no outside pens or holding areas. 4 . The peti shall submit documentation verifying that all veteri rians are licensed as required by the State. UPON A ICE VOTE, ALL VOTING AYE, VICE=CHAIRPERSON KONDRICK DECLA D THE MOTION CARRIED UNANIMOUSLY. M . McPherson stated the City Council would consider this request n September 16. 3. CONSIDERATION OF A VACATION REQUEST SAV #96-03, BY CLAYTON AND JEAN HICKS• To vacate a five foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Ms. McPherson stated the request is for 106 Hartman Circle which is located west of East River Road and north of the south_loop of Hartman Circle. The petitioners are requesting to vacate a five- foot drainage and utility easement that lies on both sides of the lot line for a total width of 10 feet. The petitioners' property is composed parts of Lot 2 and Lot 3 of Sandhurst Addition. When the lot was created and the house built, the underlying easements were not vacated and the dwelling constructed in 1961 was built over the easement. The petitioner has requested this vacation in order to clear up any future title issues which may arise as a result of the dwelling constructed over the easement. Ms. McPherson stated the Engineering Department reviewed request to determine if there was any impact to City utilities. There are no existing City utilities located within the easement area. They have recommended that only the easterly 93 feet of the easement be vacated. That would allow vacation of the portion 14.10 i PLANNING COMMISSION MEETING. AUGUST 21, 1996 PAGE 6 under the dwelling unit. Their recommendation is based on the fact that there are overhead power lines in this area. There is a utility pole located in the corner of the two properties and they want the easement for utility purposes. Ms. McPherson stated, as has been typical in similar requests, the City is requesting an easement in exchange for this 10-foot area. Staff recommends approval of the request with the following stipulation: 1. The petitioner shall grant the City a 10-foot drainage and utility easement along the north lot line of the property. Ms. McPherson stated this is requested in order to provide access for the City and/or utility companies to access any utilities located to the rear of these properties. Mr. Oquist asked why the City was requesting 10 feet on this property and not five feet for this property and five feet from the adjoining property owner. Ms. McPherson stated staff did not have the opportunity to speak to the adjacent property owner. Mr. Kondrick asked if staff had received any comments from the neighbors. Ms. McPherson stated staff had received no calls. Mr. Hicks stated he has lived here since 1962. This came about when he was looking at the possibility of an accessory shed and found that his house was built on top of an easement. He does not have a problem and is very grateful to get an easement back to the utility pole. However, he cannot accept how they can take 10 feet from the north side of him. They have only 13 feet from the garage to the house. Taking 10 feet leaves him with 3 feet. There is 24 feet to the back. If he wanted to put an accessory shed to the back, it would be worthless. As far as accessibility, it is hopeless because it is a walk-out. The land slopes down to the south. He cannot understand the necessity of having an easement because of accessibility all through the back. Accessibility to the south is hopeless too. There are trees there. They have constructed a cement wall to help with the erosion problem and there is a slope coming from the neighbor's lot to his. To the rear the land slopes down also. He thought staff should review that and ask themselves why they need the 10 feet. Also, of all the other homes in the circle, he does see any other lots from the street to the rear of the lot that have an easement that goes back there. Why has he been selected? They have the smallest lot and the City wants to take 10 feet of PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 7 the rear of his lot. He cannot understand the need for it. Certainly the builder and the City erred at the time the house was platted and built. Mr. Giancola stated he is the former 109 Hartman Circle. The requested easement does not make any sense whatsoever on the north part of Mr. Hicks' lot. 52 feet comprises the north part of Mr. Hicks' lot and 40 feet comprises another lot and the easement runs straight through. In looking at the plat from the westerly portion, there are already easements that are created so there is access from about four areas to that back portion. To create 10 feet here and 10 feet there makes this lot devalued, so to speak, and does not make any sense. Mr. Hicks came back the night he found the easement and they looked at the abstract. Mr. Giancola stated he does not see any reason for accessibility to take 10 feet off the north portion of this lot because the City and utilities have access there already from a number of points to provide service. Mr. Hinsverk stated his lot adjoins to the petitioners' lot at the west side. After talking to Mr. Hicks about this, it seemed to him there was sufficient access so they would not have to reserve that 10 feet to the north side of that lot. Mr. Oquist stated there is access from several points. Why do they need to have that? Ms. McPherson stated, in terms of maintaining as many points of access as possible is important so they are not limited in terms of access in times, of an emergency or any other time they need to gain that access. She was not sure what the site conditions were. If any of those points were blocked, the City has the right to have access at multiple points on the block. Ms. McPherson stated the City has asked in similar instances for a trade of easement areas. Staff received a request in 1995 for the vacation of an easement where a house of built on an easement and we asked for a 10-foot easement on the same property. The City is being consistent in asking for similar dispensation to the City. Ms. Modig asked if the other property had the same site constraints. If you are taking 10 feet of property from a lot that is only 24 feet wide, then they can do nothing with that. Ms. McPherson stated, in the request from last year, the City asked for a 10-foot easement in the side yard where the house was 10 feet from the side property line. Granted that person's property was wide so they had the remaining property to utilize. 14.12 PLANNING COMMISSION MEETING, AUGUST 21, 1996 PAGE 8 She was not sure of the petitioners' intent as to the size of structure being built. There is possibly a point of compromise. Mr. Oquist asked, if there was an easement there and you cannot use it, you would not be able to use it anyway. Mr. Hicks stated it is 168 feet back. Only 24 feet is left behind the house. 10 feet for an easement leaves 14 feet. They could not put anything there. If you need to get at the 24 feet of their lot in the back, then why is it you cannot come in from the west side. It is no further. He also asked staff, of the other homes on Hartman Circle, how many others have accessibility with an easement from the street. None have that, but the City is asking for it from him. Ms. Modig stated the City now has a 10-foot easement but it is under the house. Mr. Giancola stated, if you made a visual inspection of the lot, the lot is level. There is a retaining wall, then it slopes down in back. There are trees along the lot line to the back. It is meaningless. Ms. Modig asked Ms. McPherson what she meant when she mentioned a compromise. Ms. McPherson stated the Planning Commission has heard the petitioners' testimony and the testimony of the neighbors. Staff has made a recommendation. The Commission can choose to do something otherwise. Possible options could include eliminating the stipulation, requiring 5 feet, or tabling the request to allow staff work with the petitioner to come to some form of agreement. Mr. Oquist stated he was in agreement with the petitioner. He understands the City's point and the need for an easement. However, there is access from the south, west and north. We did not have the easement to begin with unless you go through the house. In this case, he thought they needed to look at it individually. What it does to this property and the fact that you have access from various points as it is, he does not think the City needs that easement. He would vote to recommend approval without the stipulation. Ms. Modig stated she felt the same way. She wants to be consistent but sometimes you have to look at some things individually. She thought they would be putting a burden on the property owner to take away that 10 feet. Mr. Saba and Mr. Kondrick agreed. PLANNING COMMISSION MEETING AUGUST 21 1996 PAGE 9 MOTION by Mr. Oquist, seconded by Ms. Modig, to recommend approval of Vacation Request, SAV tt96-03 , by Clayton and Jean Hicks, to vacate a five foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2 , Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2 , and the northerly five feet of Lot 3 , Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council on September 16 would establish a public hearing to be held on September 30. 4 . RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 6, 1996 MOTION by Mr. Oquist, seconded by Mr. Saba, to receive the minutes of the Human Resources Commission meetinf June 6, 1996. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAI ERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE THE MINUTES OF- THE HOUSING & REDEVELOPMENT AUTHORITY MEETING OF JUNE 13 , 1996 MOTION by Mr. Saba, seconded by Ms. Modig, to receive the minutes of the Housing & Redevelopment Authority meeting of June 13 , 1996. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 20 1996 MOTION by Mr. Oq4,1/s t, seconded by Ms. Modig, to receive the minutes of the Human Resources Commission meeting of June 20, 1996. UPON A VOICE VOTE, ALL VOTING AYE, VICE-CHAIRPERSON RONDRICR DECLARED HE MOTION CARRIED UNANIMOUSLY. 7 . RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF JUNE 26 , 1996 14.14 City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, September 30, 1996 at 7:30 p.m.for the purpose of: Consideration of a vacation request, SAV #96-03,by Clayton and Jean Hicks, to vacate the easterly 93 feet of a five toot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2,Block 1,Sandhurst Addition,lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 23,1996. WILLIAM J.NEE MAYOR City of Fridley PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, September 30, 1996 at 7:30 p.m.for the purpose of: Consideration of a vacation request, SAV #96-03, by Clayton and Jean Hicks, to vacate the easterly 93 feet of a five foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2,Block 1,Sandhurst Addition,lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stat- ed time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 23,1996. WILLIAM J.NEE MAYOR (September 19, 26, 1996) Fridley Focus News PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, September 30, 1996 at 7 :30 p.m. for the purpose of: Consideration of a vacation request, SAV #96- 03 , by Clayton and Jean Hicks, to vacate the easterly 93 feet of a 4-i�,ioot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2 , Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2 , and the northerly five feet of Lot 3 , Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Community Development Department at 572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 23 , 1996. WILLIAM J. NEE MAYOR Publish: September 19 , 1996 September 26, 1996 s ............................ ...... .......... ....... .....................-...... ................- ............................ ....................-...................................- .................. ........ ............................................ '. ............. JIARYCQF FRILEY PROJECT.TMY VACATION REQUEST, SAV #96-03, BY CLAYTON HICKS; 106 HARTMAN CIRCLE .............. A endst :> >:. I�cant: Cla on Hicks �� ... ..:...... . :::. .. . A yt C Nuri i t #96-t 3:.: RPhcatiQn Date J y i2, I99 ... ::::::.. . .....................aff Revs€ e : A:::::::11 koPl t Meeting C7a e, August 2�, 1 . ...:........................ : ::;::;:::>. Se tember 30 ? 6 <» ' P CUt�rlagerlutrfdfic>rt;<:;.:.:.;.;.;.::;:>:;:... . . DESCRIPTION OF REQUEST: The petitioner requests that two five-foot drainage and utility easement lying adjacent to and north of the south line of Lot 2, Block 1, Sandhurst Addition, and lying adjacent to and south of the north property line of Lot 3, Block 1, Sandhurst Addition be vacated (see drawing). The dwelling on the subject parcel was constructed over the utility easements. Vacating the easements would rectify any title issues should the property be sold. SUMMARY OF ISSUES: The subject parcel is comprised of parts of two lots within the Sandhurst subdivision. The dwelling was constructed in 1961 without vacating the easements dedicated along the property lines. The Engineering Dept. has reviewed the request and has indicated that only the east 93.11 feet of the easements should be vacated due to the location of overhead power lines within the westerly portion of the easements. This would vacate the portion under the dwelling unit. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommended that the Planning Commission recommend approval of vacation request, SAV #96-03, to the City Council, vacating only the east 93.11 feet of the easements, with the following stipulation: 1. The petitioner shall grant the City a 10 foot drainage and utility easement along the north lot line of the property. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council without the stipulation recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with staff's recommendation to the Planning Commission. 14.02 Staff Report SAV #96-03, by Clayton Hicks Page 2 PROJECT DETAILS Petition For: Vacation of a utility easement Location 106 Hartman Circle N.E. of Property: Legal Description The North 40 feet of Lot 3 and the South 52 feet of Lot 2, of Property: Block 1, Sandhurst Addition Size: 12,936 square feet Topography: Existing Typical suburban, sod, trees, shrubs Vegetation: Existing R-1, Single Family Dwelling Zoning/Platting: Sandhurst Addition; 1955 Availability Connected of Municipal Utilities: Vehicular Hartman Circle Access: Pedestrian N/A Access: Engineering Possible need for additional easement area Issues: Site Planning Issues: 14.03 Staff Report SAV #96-03, by Clayton Hicks Page 3 ADJACENT SITES WEST: Zoning: R-1, Single Family Dwelling Land Use: Single Family Residential SOUTH: Zoning: R-1, Single Family Dwelling Land Use: Single Family Residential EAST: Zoning: R-1, Single Family Dwelling Land Use: Single Family Residential NORTH: Zoning: R-1, Single Family Dwelling Land Use: Single Family Residential DESCRIPTION OF REQUEST The petitioner requests that two five-foot drainage and utility easement lying adjacent to and north of the south line of Lot 2, Block 1, Sandhurst Addition, and lying adjacent to and south of the north property line of Lot 3, Block 1, Sandhurst Addition be vacated (see drawing). The dwelling on the subject parcel was constructed over the utility easements. Vacating the easements would rectify any title issues should the property be sold. ANALYSIS Property Description and History The subject parcel is located on Hartman Circle, west of East River Road. The parcel is on the "inside" of the Hartman Circle loop. The subject property is comprised of the south 52 feet of Lot 2, Block 1, Sandhurst Addition, and the north 40 feet of Lot 3, Block 1, Sandhurst Addition. Located on the subject parcel is a 30' x 64' dwelling and a 19' x 22' attached garage. Both were built in 1961. Summary of Issues The dwelling was constructed over the five foot utility easement lying adjacent to and on either side of the common property line, creating a total easement width of 10 feet. The Engineering Department reviewed the request and visited the site, and has determined that only the easterly 93.11 feet of the easement should be vacated. A utility pole is located at the intersection of the south line of Lot 2, and the west line of Lot 3. Overhead utilities are provided. Vacating only the easterly 93.11 feet will 14.04 Staff Report SAV #96-03, by Clayton Hicks Page 4 allow these utilities to continue to exist within an easement area. Vacating the easterly 93 feet will also allow the title issues associated with constructing a dwelling over an easement to be rectified. There are no City utilities located within the easement. STAFF RECOMMENDATION TO THE PLANNING COMMISSION: Staff recommends that the Planning Commission recommend approval of vacation request, SAV #96-03, to the City Council, vacating only the east 93.11 feet of the easements, with the following stipulation: 1. The petitioner shall grant the City a 10 foot drainage and utility easement along the north lot line of the property. PLANNING COMMISSION ACTION: The Planning Commission voted unanimously to recommend approval of the request to the City Council without the stipulation recommended by staff. CITY COUNCIL RECOMMENDATION: Staff recommends that the City Council concur with staff's recommendation to the Planning Commission. 14.05 ��, ....r ryi. roroanaax+x t>`: 122' '. xY2M r:• Y K "&;�YYziY'z IX +, ..�.c MEMORANDUM YYYxYYY'.\ALYx `�i�i�x42x�}�2: h R`` ri.•. r2.2... Y't`ryrr.`r...Fp1Y t ?ri xYxiyry`. 4#ix# DEVELOPMENT DIRECTOR `redevelopment ` tonomic ?r .;, 2Y jj�C!C11 velopment DATE: September 12, 1996 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Establish Public Hearing for Vacation Request, SAV #96- 03, by Clayton Hicks; 106 Hartman Circle N.E. The Planning Commission conducted an informal hearing regarding Mr. Hicks' request, to vacate a ten foot drainage and utility easement located on his property. His dwelling was constructed over the easement. The Planning Commission voted unanimously to recommend approval of the request to the City Council. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council establish September 30, 1996 as the date of the public hearing. MM/dw M-96-397 5.01 TYf ` k �YY.+c MEMORANDUM DEVELOPMENT DIRECTOR ��•'? velopment wi w#`.}Y.kr OfT11C velopment w DATE: September 24, 1996 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Conduct Public Hearing for Vacation Request, SAV #96-03, by Clayton Hicks; 106 Hartman Circle N.E. At its September 16, 1996 meeting, the City Council established September 30, 1996 as the date of the public hearing to consider vacation of the easterly 93 feet of two, five foot drainage and utility easements. The property is generally located at 106 Hartman Circle N.E. The Planning Commission reviewed this request at its August 21, 1996 meeting. RECOMMENDATION Staff recommends that the City Council conduct the public hearing regarding the vacation request. MM/dw M-96-440 14.01 G`.tta •gat` �1�ti<YYYYY�:.: v.: Ytt t Y �Y MEMORANDUM rYYY :: <.YY,`Yit` .p`Y> ..•\.;tYYYYtivy, :r. :r:::YiIYYtY 4 DEVELOPMENT DIRECTOR , .t ,,. development s w, zz onomic Y H 1tµ evelopment t DATE: October 10, 1996 TO: William Burns, City Manager ' FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving a Vacation Request, SAV #96-03, by Clayton and Jean Hicks; 106 Hartman Circle N.E. The City Council conducted a public hearing regarding the vacation request, SAV #96-03, at its September 30, 1996 meeting. The request is to vacate two five-foot drainage and utility easements lying along the property line of Lots 2 and 3, Block 1, Sandhurst Addition. Staff originally recommended a ten foot drainage and utility easement adjacent to the north property line of the petitioner's property. The Planning Commission recommended approval of the vacation without the easement stipulation. During the City Council's public hearing, staff recommended a five foot easement to be consistent with typical plat/easement policies. The property owner objected to the easement requirement at the hearing. Recommendation Staff recommends that the City Council approve first reading of the attached ordinance to vacate drainage and utility easements with one stipulation: 1. The petitioner shall grant the City a five foot drainage and utility easement adjacent to the north property line of the subject parcel. MM/dw M-96-475 25.01 MEMORANDUM is DEVELOPMENT DIRECTOR ":ate vekVn-wtA DATE: October 24, 1996 TO: William Burns, City Manager r� FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV#96-03, by Clayton and Jean Hicks; 106 Hartman Circle N.E. The City Council conducted a public hearing regarding the vacation request, SAV#96- 03, at its September 30, 1996 meeting. The request is to vacate two five-foot drainage and utility easements lying along the property line of Lots 2 and 3, Block 1, Sandhurst Addition. The City Council approved the first reading of the ordinance approving the vacation request at its October 14, 1996 meeting. Recommendation Staff recommends that the City Council approve second reading of the attached ordinance to vacate drainage and utility easements. MM/dw M-96-498 26.01 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 9 3. RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 4, 1996: RECEIVED THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 4 , 19 4 . COUNCIL T ACTION ON THIS ITEM EARLIER IN THE MEETING. 5. ESTABLISH A PUBLIC HEARING FOR SEPTEMBER 30, 1996, FOR A VACATION REQUEST, SAV 496-03, BY CLAYTON AND JEAN HICKS, TO VACATE TWO 5 FOOT DRAINAGE AND UTILITY EASEMENTS DEDICATED IN THE PLAT OF SANDHURST ADDITION, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. (WARD 3) : Mr. Burns, City Manager, stated that this vacation request corrects a situation where a dwelling was constructed over the utility easements. Staff is recommending the vacation be restricted to the easterly 93. 11 feet of the easements with the stipulation that the petitioner grant the City a ten foot drainage and utility easement along the north lot line of the property. SET THE PUBLIC HEARING DATE FOR THIS VACATION REQUEST, SAV #96-03, FOR SEPTEMBER 30', 1996. 6. COUNCIL TOOK ACTION ON THIS ITEM EARLIER IN THi MEETING-. 7 . COUNCIL TOOK ACTION ON THIS ITEM EARLIER IN THE MEETING. 8 . APPROVE A ONE-YEAR EXTENSION FOR SPECIAL USE PERMIT, SP #94-10, BY DAVID YOUNKIN, TO ALLOW A SECONDARY ACCESSORY STRUCTURE, GENERALLY LOCATED AT '5401 MATTERHORN DRIVE N.E. (WARD 2) : Mr. Burns, City Manager, stated that this special use permit was for construction of a second accessory structure and will expire on September 11, /,"1996. A one-year extension has been requested and staff re/commends approval. APPROVED A ONE-YEAR EXTENSION FOR SPECIAL USE PERMIT, SP #94-10 . 9. APPROVE COMPREHENSIVE SIGN PLAN FOR NORTH PARK BUSINESS CENTER, BY ,JOHN ALLEN OF INDUSTRIAL EQUITIES, 350 73RD AVENUE N.E. (WARD 1) : Mr. Burns, City Manager, stated that approval of a comprehensive sign plan is required when a multiple use bu' iding has three or more tenants. In this case, there are ur tenants each with separate attached signs on the building. Mr. Burns outlined the standards to which the signs FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 16, 1996 PAGE 10 must conform. He informed Council that this plan has been reviewed by staff and recommended for approval . APPROVED COMPREHENSIVE SIGN PLAN FOR NORTH PARK BUSINESS CENTER, 350 73RD AVENUE N.E. 10. ADOPT COMPREHENSIVE STREET PLAN FOR THE CITY OF FRIDLEY: Mr. Burns, City Manager, stated that this plan was drafted in response to Council's request for a multi-year street reconstruction plan. The plan outlines reconstruction and maintenance policies of the City and also identifies the street, alley, and sidewalk inventory of the City. He outlined some examples of the policies for street recon- struction for non-permanent streets, permanent streets, overlays, and alleys. Mr. Burns said that the policy also deals with concrete street repair policies, curbing, maintenance procedures, sealcoating, slurry sealing, sidewalks, and bikeways. ADOPTED COMPREHENSIVE STREET PLAN FOR THE CITY. 11 . RESOLUTION NO. 63-1996 REVOKING AND ESTABLISHING MUNICIPAL STATE AID STREETS: Mr. Burns, . City Manager, stated that it is proposed to revoke MSA designation for portions of . 79th Way, Riverview. Terrace and Kimball Street. He stated that the substitutions are those streets in an industrial loop system at the East River Road Business Center and include Industrial Boulevard and the East River Road Service Road between 51st Way and 53rd Way. ADOPTED RESOLUTION NO. 63-1996. 12 . APPROVE CHANGE ORDER NO. - 1 TO THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2 : Mr. Burns, City Manager, stated that this change order covers the relocation of two hydrants on Alden Way, as well as the relocation of two catch basins. It also includes provision for a 15 inch storm drainage pipe rather than a 12 inch pipe. The change order is for $7, 510 with Thomas & Sons Construction, Inc. APPROVED CHANGE ORDER NO. 1 TO THE 1996 STREET IMPROVEMENT PROJECT NO. ST. 1996-1 & 2 WITH THOMAS & SONS CONSTRUCTION, INC. IN THE AMOUNT OF $7,510.00. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 5 No persons in the audience spoke regarding the pr osed consent agenda. / Councilman Schneider requested that Items -and 9 be removed from the consent agenda. MOTION by Councilman Schneider to prove the consent agenda items with the exception of Items 8 nd 9. Seconded by Councilwoman Bolkcom. Upon a voice vo all voting aye, Mayor Pro Tem Jorgenson declared the moti carried unanimously. ADOPTION OF AGENDA: MOTION by Counci an Schneider to adopt the agenda with the addition of Ite s 8 and 9 from the consent agenda. Seconded by Councilman Bi ings. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgens declared the motion carried unanimously. OPEN FO VISITORS: Th e was no response from the audience under this item of siness. PUBLIC HEARING- 14 . PUBLIC HEARING ON VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, TO VACATE TWO FIVE-FOOT DRAINAGE AND UTILITY EASEMENTS DEDICATED IN THE PLAT OF SANDHURST ADDITION, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. (WARD 3) : MOTION by Councilwoman Bolkcom 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 Pro Tem Jorgenson declared the motion carried unanimously and the public hearing opened at 7: 45 p.m. Mr. Hickok, Planning Coordinator, stated that this vacation request is for property on Hartman Circle. The petitioner requests that two five-foot drainage and utility easements lying adjacent to and north of the south line of Lot 2, Block 1, Sandhurst Addition and lying adjacent to and south of the north property line of Lot 3, Block 1, Sandhurst Addition be vacated. The dwelling on this parcel was constructed over the utility easement. Mr. Hickok stated that the Public Works Engineering Division has reviewed the request and indicated that only the east 93. 11 feet of the easements should be vacated due to the location of overhead power lines within the westerly portion of the easements. This would vacate the portion under the dwelling unit. Mr. Hickok stated that staff recommended to the Planning Commission that vacating only the east 93. 11 feet of the easements with the stipulation that the petitioner shall grant the City a ten-foot drainage and utility easement along the north lot line of the property. The Planning Commission voted unanimously to recommend • 1 FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 6 approval of this vacation without the stipulation.. After further analysis by staff, the best alternative would be to require a five- foot utility easement along the north property line. Mr. Hickok stated that the petitioner believes, because of site constraints, that it would be difficult to dedicate any easement along the lot lines. The easements that exist in the area are along the lot lines. If, in the future, the City would need any underground utilities the easement would be needed. There are few opportunities to link utilities across the mid-section of Hartman Circle. Mr. Flora, Public Works Director, stated that the City always requires a five-foot easement along the property lines for drainage. Mr. Hicks, the petitioner, stated that he was satisfied with the Planning Commission's recommendation for vacation, but he is not in agreement with dedicating a five-foot easement. He would like to do some improvements, and he did not feel the easement was feasible. He questioned why an easement was needed now when the dwelling has been there for 35 years. Mr. Hicks stated that he cannot see why he should lose property, as there is access from all other directions. Mr. Flora stated that the easement does not mean he would lose the property. Mr. Hicks would have the use of the property, but an option would be left open for the City in case they needed to install any pipe for drainage and/or utilities. Mr. Hicks stated that he still could not see why the easement was necessary. Mr. Gabriel Giancola, former owner of the property at 109 Hartman Circle, stated that he is in agreement with Mr. Hicks. When the building permit was taken out for this dwelling, the problem with the easements should have been resolved at that time, as the existing easements go through the center of Mr. Hicks ' home. There is an easement of the west side of Hartman Circle, and the City has full access to Mr. Hicks ' lot. There is an easement coming from the east to the west and from the north to the south. It does not seem feasible that the City needs this five-foot easement when there is full accessibility to that area of Hartman Circle. Mr. Giancola stated that the Planning Commission questioned the need for the easement and recommended approval of the vacation without the provision for a five-foot easement. He supported Mr. Hicks ' request and urged Council to follow the Planning Commission' s recommendation. Mr. Burns, City Manager, asked if Mr. Hicks could construct an accessory building in the side or rear yard. Mr. Hickok stated that this would be possible, as the setbacks for a side yard are three feet and five feet for the rear yard. FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 7 Mr. Burns stated that if the five foot easement is required, the City would only be encroaching one foot into Mr. Hicks' buildable space. Councilwoman Bolkcom stated that the City has access on the north, south, east, and west without requiring the five foot easement. Mr. Flora stated that his concern is the drainage. He did not understand how this home could have been built and the easement not recorded. MOTION by Councilwoman Bolkcom to close the public hearing. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Jorgenson declared the motion carried unanimously and the public hearing closed at 8: 14 p.m. 8. RECEIVE THE RECOMMENDATIONS FROM SPRINGSTED INCORPORATED REGARDING THE SALE OF $2, 935, 000 GENERAL OBLIGATION WOS, SERIES 1996A: Councilman Schneider stated that general obligation b ds require the full faith and credit of the City. He asked h these bonds would be funded. Mr. Pribyl, Finance Director, stated that inte nal funds would be used temporarily to fund these projects throu special assessments and utility fees but not through increa ed taxes. The three components of this bond issue include ater, storm water, and street improvements. MOTION by Councilman Schneider to r ceive the recommendations from Springsted Incorporated regardin the sale of $2, 935, 000 general obligation bonds, series 1996A. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting e, Mayor Pro Tem Jorgenson declared the motion carried unanimous . 9. RESOLUTION NO. 90-19 6 INITIATING THE PROCESS FOR THE SALE OF THE CITY'S $2, 935, 0 GENERAL OBLIGATION BONDS, SERIES 1996A: /ad lman Schneider asked if this was a good time to issue the in regard to he interest rates. Erickso , representing Springsted Incorporated stated that diffi It to predict the interest rates. The Federal e Boar did not raise interest rates at their meeting last and ey will not meet again for at least six weeks. He felt as good time to issue the bonds. by Councilman Schneider to adopt Resolution No. 90-1996. ed by Councilwoman Bolkcom. Upon a voice vote, all voting Mayor Pro Tem Jorgenson declared the motion carried usly. s FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 30, 1996 PAGE 8 OLD BUSINESS: 15. SPECIAL USE PERMIT REQUEST, SP #96-15, BY VETsMART, TO ALLOW A VETERINARY FACILITY IN CONJUNCTION WITH A PETsMART RETAIL STORE, GENERALLY LOCATED AT 5660 MAIN STREET N.E. (WARD 3) (TABLED SEPTEMBER 16, 1996) : Mayor Pro Tem Jorgenson removed this item from the table. Mr. Hickok, Planning Coordinator, stated that this item was tabled due to Council 's concern about traffic related to thi's VetsMart facility within the PetsMart store. Additional information was needed regarding the Home Depot/PetsMart traffic study and specific generation potential of the VetsMart operation. Mr. Hickok stated that the 57th Avenue traffic// study has been completed by BRW, Inc. and distributed to Council for review. As the study relates to this special use permit request, PetsMart averages 394 customer trips per day with sev teen of those being VetsMart patrons. That equals about two 7rs per hour. The addition of the VetsMart facility within the PetsMart store does not contribute additional traffic to this development. MOTION by Councilwoman Bolkcom to grant �ecial Use Permit Request, SP 496-15, with the following stipulat' ns: (1) all windows in the . area of the building housing animals all be double glazed with a fixed sash; (2) any ventilation sys ms shall be designed so that no odors or organisms will spread etween wards or to the outside air; (3) there shall be no outsid pens or holding areas; and (4) the petitioner shall submit cumentation verifying that all veterinarians are licensed as r quired by the State. Seconded by Councilman Schneider. Upon a oice vote, all voting aye, Mayor Pro Tem Jorgenson declared the mo ion carried unanimously. 16. APPROVE INSTALLATION OF PERSONAL COMMUNICATION SERVICES ANTENNAE AND EQUIP NT AT 7504 ALDEN WAY N.E. (ST. PAUL UTILITY SURGE SITV; REQUESTED BY SBA, REPRESENTING SPRINT SPECTRUM (TABLED PTEMBER 16, 1996) : Mayor Pro Tem Jorgen on removed this item from the table. Mr. Hickok, Plann' g Coordinator, stated this is a request by SBA, representing Spr' t Spectrum, to install eight, ten foot personal communication s rvices antennae and equipment at 7504 Alden Way. The antennae, attached to buildings, are considered an accessory use. These a tennae would be mounted on the 90 foot surge tower of the St . Pau Water Utility and a 25 foot by 30 foot area at the base of th tower would be included to house transformer equipment for contr of the antennae. Mr. Hi ok stated that staff received four calls regarding this reques . Concerns were related to a number of items including inter erence, visibility, aesthetics, and health risks. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 , 1996 AGE 17 the word "Vinewood". Seconded by Councilwoman Bo com. Upon a voice vote, Councilman Schneider, Councilwoman olkcom, Council- woman Jorgenson, and Mayor Nee voted in fa r of the motion. Councilman Billings voted against the moti Mayor Nee declared the motion carried. UPON A VOICE VOTE TAKEN ON THE MA MOTION, all voted aye, and Mayor Nee declared the motion carr ed unanimously. 18 . RESOLUTION NO. 96-1996 D IGNATING TIME AND NUMBER OF COUNCIL MEETINGS : Councilwoman Bolkcom quested that the March 24, 1997 Council meeting be changed t March 31, 1997. She also suggested that the holiday for Veter s Day be November 11, 1997, not September 11, 1997 . MOTION by C ncilwoman Bolkcom to adopt Resolution No. 96-1996, with the llowing changes: The March 24, 1997 Council meeting should b changed to March 31, 1997 and the Veterans Day holiday should e changed to November 11, 1997. Seconded by Councilman Schn der. Upon a voice vote, all voting aye, Mayor Nee declared th motion carried unanimously. NEW BUSINESS: 25. FIRST READING OF AN ORDINANCE UNDER SECTION 12. 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. ) (WARD 3) : Mr. Hickok, Planning Coordinator stated that Council held the public hearing on this vacation request on September 30. The request was to vacate two five-foot drainage and utility easements along the property line of Lots 2 and 3, Block 1, Sandhurst Addition. This property is located at 106 Hartman Circle. Mr. Hickok stated that staff originally recommended that the petitioner dedicate a ten-foot drainage and utility easement adjacent to the north property line of the petitioner's property. The Planning Commission recommended approval of this vacation request without the stipulation for an easement. It is staff' s recommendation that a five-foot easement be requested which is consistent with typical plat/easement policies. MOTION by Councilwoman Bolkcom to waive the reading and approve the ordinance on first reading, with no stipulations in concurrence with the unanimous recommendation of the Planning Commission. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilman Schneider, Councilwoman Jorgenson, and Mayor Nee voted in favor of the motion. Councilman Billings voted FRIDLEY CITY COUNCIL MEETING OF OCTOBER 14 , 1996 PAGE 18 against the motion. Mayor Nee declared the motion carried by a four to one vote. 26. INFORMAL STATUS REPORTS: Mr. Burns, City Manager, stated that he Public Works Director would like to informally discuss c ges to the intersection at Interstate 694 and Highway 65 after his meeting. ADJOURNMENT: MOTION by Councilwoman Bol com to adjourn the meeting. Seconded by Councilman Schneider. on a voice vote, all voting aye, Mayor Nee declared the motion c ried unanimously and the Regular Meeting of the Fridley City Co cil of October 14, 1996 adjourned at 9:25 p.m. Respectfully s itted, Carole addad William J. Nee Secr ary to the City Council Mayor FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 23 OLD BUSINESS : 26. ORDINANCE NO. 1078 UNDER SECTION 12 .07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV #96-03, BY CLAYTON AND JEAN HICKS, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. ) (WARD 3) : Mr. Hickok, Planning Coordinator, stated that Council held a public hearing on September 30 regarding this vacation request for property at 106 Hartman Circle. The Planning Commission recommended approval of this vacation, and staff recommended approval of the second reading of the ordinance. MOTION by Councilwoman Bolkcom to waive the reading and adopt Ordinance No. 1078 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. NEW BUSINESS : 27 . FIRST READING OF AN ORDINANCE REPEALING CHAPTER 12 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPT A NEW CHAPTER 12, ENTITLED "TOBACCO PRODUCTS" AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, EN TLED "GENERAL PROVISIONS AND FEES: " Mr. Gary Lenzmeier, Deputy Public Safety D' ector, stated that the Police Department is suggesting a new to acco ordinance be adopted to replace the present ordinance. In 994, because of complaints and concerns, the Police Departmen conducted tobacco compliance checks resulting in several arr S. When those cases went to court they became aware of some roblems with the State Statute and the City ordinance. This i an effort to try to rectify those problems . Mr. Lenzmeier stated at the new ordinance expands on the old ordinance to help nsure that juveniles are unable to obtain tobacco products om Fridley retailers. It controls access by vending machines regulates self-service merchandising; and makes the licensee sponsible for the conduct of its employees. The ordinance al increases fees for a tobacco license and establishes civil pen ties . Mr. Lenzmeier outlined the amounts of civil penaltie and stated that the fines were suggested by the retail s. Ma r Nee stated that he felt the Police Department did an e cellent job of working with the retailers . FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 24 Councilwoman Jorgenson asked if revocation of a lice e was permanent. Mr. Lenzmeier stated that it was permanent, /heilers did not express any concern on this issue. MOTION by Councilwoman Bolkcom to receier dated October 14, 1996 from Warren Roberts, 14e Drive, requesting a stronger enforcement and harshto more effectively discourage tobacco sales to mconded by Councilman Schneider. Upon a voice vote, al voting aye, Mayor Nee declared the motion carried unanimously. Mr. Lenzmeier stated that a letter was r, ceived. from the Minnesota Non-Smokers Coalition regarding this roposed ordinance. They wanted the display of cigarettes c mpletely off the counters; wanted to reduce the fine for clerk to $100 or less; and wanted specific amounts on the penalties.; There was rationale for all three of these suggestions, and penalties ordinance was re-worked to incorporate those changes. Mr. Lenzmeier stated Yalcontacts op of the proposed ordinance was sent to all retailers ande with them. With regard to raising the fines for the cleretailers wanted the fine high enough to make sure it woulome impact when the clerks were told not to sell cigarettnors. They felt that the fine had to be higher than $100. enzmeier stated that with regard to specific fines, theywant room to barter. As far as the tobacco displays, setacts were made with the non-smokers group concerning this Mr. Lenzmeier state that the purpose of the ordinance is to try to keep cigarettes ou of the hands of minors. The non-smokers group felt there were t main reasons to keep cigarettes off the display counters . The f' st is to make sure shoplifting did not occur and, secondly, they felt it was more difficult for youth to obtain cigarettes if ey had to ask for them. The Non-Smokers Coalition presented som information that these things were true. One study was from San iego and another from the University of Minnesota. Mr. Lenzme ' er stated that the retailers advised that they receive a lot of mo ey from the tobacco companies for displays . In order to resolve his issue, it was decided to go back to the original languag but to try to do a study to find out whether or not it would e easier for youth to buy cigarettes if there was a counter displ If the study proves this is true they would come back to Coun it for a change in the ordinance. Co cilman Billings stated that he heard two things from M . Lenzmeier' s comments . One is that there were meetings held th retailers. He wanted to know if this was starting to become a common practice with the City since this was also done with the City of Fridley ORDINANCE NO.1078 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the easterly 93 feet of a ten foot drainage and utility easement ded- icated in the plat of Sandhurst Addition cover- ing the southerly five feet of Lot 2, Block 1, Sandhurst Addition,lying easterly of the west- erly ten feet of said Lot 2,and the northerly five feet of Lot 3,Block 1,Sandhurst Addition,gen- erally located at 106 Hartman Circle N.E. All lying in the North Half of Section 15, T- 30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with 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 28TH DAY OF OCTOBER,1996. WILLIAM J.NEE-MAYOR ATTEST: WILLIAM A.CHAMPA,CITY CLERK Public Hearing: September 30,1996 First Reading: October 14,1996 Second Reading: October 28,1996 (November 7,1996)Fridley Focus News ORDINANCE NO. 1078 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the easterly 93 feet of a ten foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2 , and the northerly five feet of Lot 3 , Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. All lying in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2 . The said vacation has been made in conformance with 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 28TH DAY OF OCTOBER, 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: September 30, 1996 First Reading: October 14, 1996 Second Reading: October 28, 1996 Publication: November 7, 1996 CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 19, 1996 Clayton and Jean Hicks 106 Hartman Circle NE Fridley, MN 55432 Dear Mr. and Mrs. Hicks: On October 28, 1996, the Fridley City Council officially approved your request for a vacation request, SAV#96-03, to vacate the easterly 93 feet of a ten foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 3, Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director B D/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by December 3, 1996. l 1 Co�ncL�with action taken. STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY,,OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a vacation, SAV #96-03 Owner: Clayton E. and Jean Hicks The above entitled matter came before the City Council of the City of Fridley and was heard on the 3rd day of February , 19 96 , on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate a drainage and utility easement dedicated in the plat of Sandhurst Addition, generally located at 106 Hartman Circle N.E. Please see attached for complete legal description. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approval with no stipulations. See City Council meeting minutes of October 28, 1996. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, 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 a vacation 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 Fridley, Minnesota, in the County of Anoka on the 1/714 day of ajm19_x. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 William A. Champa, City Clerk i �FRIDLEY CITY COUNCIL MEETING OF OCTOBER 28, 1996 PAGE 23 OLD BUSINESS : 26. ORDINANCE NO. 1078 UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST, SAV ##96-03, BY CLAYTON AND JEAN HICKS, GENERALLY LOCATED AT 106 HARTMAN CIRCLE N.E. ) (WARD 3) : Mr. Hickok, Planning Coordinator, stated that Council held a public hearing on September 30 regarding this vacation request for property at 106 Hartman Circle. The Planning Commission recommended approval of this vacation, and staff recommended approval of the second reading of the ordinance. MOTION by Councilwoman Bolkcom to waive the reading and adopt Ordinance No. 1078 on the second reading and order publication. Seconded by Councilman Schneider. Upon a voice vote, Councilwoman Bolkcom, Councilwoman Jorgenson, Councilman Schneider, and Mayor Nee voted in favor of the motion. Councilman Billings voted against the motion. Mayor Nee declared the motion carried by a four to one vote. NEW BUSINESS : 27 . FIRST READING OF AN ORDINANCE REPEALING CHAPTER 1 OF THE FRIDLEY CITY CODE IN ITS ENTIRETY AND ADOPTWG A NEW CHAPTER 12, ENTITLED "TOBACCO PRODUCTS" AND AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE, ENT LED "GENERAL PROVISIONS AND FEES:" Mr. Gary Lenzmeier, Deputy Public Safety Dire Lor, stated that the Police Department is suggesting a new tobac ordinance be adopted to replace the present ordinance. In 19 , because of complaints and concerns, the Police Department co ducted tobacco compliance checks resulting in several arrests. When those cases went to court they became aware of some prob ms with the State Statute and the City ordinance. This is an ffort to try to rectify those problems . Mr. Lenzmeier stated that t e new ordinance expands on the old ordinance to help insure hat juveniles are unable to obtain tobacco products from Fraley retailers . It controls access by vending machines; regu tes self-service merchandising; and makes the licensee responsi e for the conduct of its employees . The ordinance alsoincre ses fees for a tobacco license and establishes civil penZeMr. Lenzmeier outlined the amounts of civil penaltiesed that the fines were suggested by the retailers . Mayor Neethat he felt thePolice Department did an excellen job of working with the retailers. ORDINANCE NO. 1078 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City of Fridley does hereby ordain as follows: SECTION 1. To vacate the easterly 93 feet of a ten foot drainage and utility easement dedicated in the plat of Sandhurst Addition covering the southerly five feet of Lot 2, Block 1, Sandhurst Addition, lying easterly of the westerly ten feet of said Lot 2, and the northerly five feet of Lot 31 Block 1, Sandhurst Addition, generally located at 106 Hartman Circle N.E. All lying in the North Half of Section 15, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Be and is hereby vacated. SECTION 2. The said vacation has been made in conformance with 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 28TH DAY OF OCTOBER, 1996. WILLIAM J. NEE - MAYOR ATTEST: WILLIAM A. CHAMPA, CITY CLERK Public Hearing: September 30, 1996 First Reading: October 14, 1996 Second Reading: October 28, 1996 Publication: November 7, 1996 p ABS i SACT Receipt # 0 �33 ❑ Certified Copy Date/Time; ' I T -100 ❑ Tax Liens/Releases Doc. Order�_of ❑_Muni-Co Doc Tax Pd DOCUMENT N0. 1263091 . 0 ABSTRACT ✓ by: Recordab;lity: 4 ❑ Tr»sleu F0De5. ANOKA COUNTY MINNESOTA Filing Fees: . ❑ Division ❑ GAC I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Def, FOR RECORD ON FEB 0 5 9 7 Delqs: Pins: _ ❑ Status ❑ Spec. AT 5 : 00 PM AND WAS DULY RECORDED. FEES AND TAXES IN THE AMOUNT OF $19 . 50 PAID. RECEIPTNO. 97008733 EDWARD M.TRESKA ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES BY JLG DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES