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SAV97-01 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Vacation of Street, Alley or Easement PROPERTY INFORMATION: - site plan required for submittal, see attached Address: Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: Square footage/acreage: Legal Description of Street, Alley or Easement to be Vacated: Reason for Vacation: vA ct-\\e A \��47 c; o e-y-' -S o x- ti bc= u�•L \.� ; �cc \\ �c� ct\� �� Qcv �ert� a�CeSS 4�'C� !Y� 7z�''-A s2L Have you operated a bu�s iness in a city which required a business license? Yes No ✓ 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: l a c o, V:k, C1k,e- d ADDRESS: 6 5�. �e '�- m LR4 DAYTIME PHONE: �o t-��L� _ 1„ �,S S SIGNATURE/DATE: V PETITIONER INFORMATION NAME: 'C��,-cA c y-a- e A ADDRESS: C -1 A SA.c — g aA .O DAYTIME PHONE: SIGNATURE/DATE: ,,.,- FEES Fee: $250.00 Application Number: Receipt#: Received By: Scheduled Planning Commission Date: i , 1'-vil Scheduled City Council Date: Urfa fix- I i�,r, I q"I 10 Day Application Complete Notification Date: 60 Day Date: I i Cityof Land U Application Process 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days 50-60 Days � � i Approved, Action Taken Letter Application Complete 10 Day Notice ' Tabled, 60 More Days Submit Complete Public Hearings: Application and Variance ; Denied Materials Vacations Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits VACATION APPLICATION SUBMISSION CHECKLIST The following shall be the minimum submission requirements to the Planning Commission. Applications will not be accepted if the following is not submitted: ITEM SUBMITTED RECEIVER'S COMPLETE REVIEWER'S INITIALS INITIALS/DATE Completed application, with fee (Application is considered complete if all blanks are completed, and both fee owner and petitioner have signed) - --� Legal description of street, alley or easement to be vacated. Petition of all abutting property owners. A site plan showing street, alley, or easement to be vacated, also showing existing lot lines, north arrow, existing improvements, etc. Items are required to be submitted in three (3) full-size copies, with one (1) 8 '/" x 11" reduction. The City reserves the right, based on a case by case analysis, to waive any of the above requirements. VACATION PROCESS `••:.':...`v v`.a`\":.�.:.. is se: A vacation is an act by the City where the City gives up its right of '` ..r.. use of a right of way or an easement for a public purpose. Vacation requests can be made for streets, alleys, or easements. Ic > :. . &"IOP— The Vacation process begins by filling out a VACATION APPLICATION. This, with a site plan, and other appropriate drawings, must be submitted to the Planning staff. The legal description of the area to be vacated must also be included. A$250 fee is required with the application. Fees are non-refundable and are used for postage, publication of notices and other expenses associated with the request. The applicant may need to hire a registered land surveyor to prepare the legal description of the item to be vacated. Once the application is received, the application is reviewed by staff from the Planning, Engineering, Assessing, Fire, and Police Departments. The impacts to adjacent properties are discussed, and stipulations are developed. Simultaneously, a mailing list of all properties within a 350 foot radius of the property is generated. Notices of the request are sent to these property owners. There is approximately four weeks between the application due date and the Planning Commission meeting. Prior to the meeting of the Planning Commission, a staff report is written, and the petitioner called regarding the staff recommendation. The Planning Commission is made up of seven residents of the community. The meetings are held the first and third Wednesdays of the month at 7:30 pm in the Council Chambers in the Municipal Center. The Planning Commission is an advisory commission to the City Council. It is the responsibility of the Planning Commission to conduct a public hearing, gather testimony and make a recommendation to the City Council regarding all vacation requests. The City Council may only consider vacation requests if all affected property owners petition for the vacation. This is especially critical for street and alley vacation requests. Additional information regarding the Vacation Process may be obtained by calling the City of Fridley Planning Department at 572-3599 or 572-3593. 29 i� Gv1 3'oo YL Ivi l tiL�..- Ole- 14P + 169 22. cool o �e✓f �` 7SI�- [,�� 10/08/1997 16:04 7887602 KURTH SURVEYING INC PAGE 02 FOR 1 HERE6Y CERTIFY TNA NI$ SURv tY, p Oq RF�oa ()ATE low 1" / vAs THEPAREo BY 4E OR wDCR W DIREc7 suVGRYIs10N KUnTH SURVEYING. INC� SCALE II► s ANO TNT 1 AN A DULY �ICENSF. LAND SURVEYOR UADER S OF THE AT"F I ESOTA. 4002 JEFFCKSON SY. N.E, 0 I RON YONU)JLNT 1 K COLYW IKIGII:. rn, 15 21 11C4fZINGS ARE ON AN 10121 YYO-Y700 rAX 10121 )00•)402 ASSUMED pATU4 MINNESOTA LICENSE NO.ZoZ?O of 0 �J O� l" v 17 0 7 c Y U — 1 o1> a 3 - L 1 i L7,M j s `v J °` - r \/ J, /^ I L Kt: Coe NFRI LOT,6 _j I pcR oo�.No.�3yB1 sem/ LEGAL DESCRIPTION Alley Vacation All of that part of the 12 foot alley within Block 5,HYDE PARK,Anoka County,Minnesota,lying southerly of the easterly extension of the north line of Lot 21 and northerly of the easterly extensiolt of the south line of Lot 16. LEGAL DESCRIPTION Street and Utility Easement Vacation of Easement Granted by Quit Claim Deed Dated 12-10-71 and recorded 1-28-72 as Document No.73481 All that part of Lot 16,Block S,H%7DE PARK ADDITION,described as commencing at the southeast comer of Lot 16;thence west along the south line of said Lot 16,a distance of 20 feet:thence in a northeasterly direction to the northeast corner of said Lot 16;thence south along the east line of said Lot 16 to the southeast comer of said Lot 16, being the point of beginning and there tannunating. .._ - ___ 1.05 City of Fridley PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E.on Wednesday, October 1,1997 at 7:30 p.m,for the purpose of: Consideration of a vacation,SAV#97-01,by Margaret Reed,to vacate the south half of the alley located in Block 5,Hyde Park,as follows: the 12 toot alley in Block 5, Hyde Park, lying south of the south lot line of Lot 22,extended easterly and north of the south line of Lot 16 extended easterly. All lying east and adjoining Lots 16 - 21, Block 5, Hyde Park, generally located at 6017-3rd Street 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 Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson,Planning Assistant 572-3593. 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 24,1997. DIANE SAVAGE CHAIR PLANNING COMMISSION (September 16,25, 1997)Fridley,Columbia Heights Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 1, 1997 at 7 :30 p.m. for the purpose of : Consideration of a vacation, SAV #97-01, by Margaret Reed, to vacate the south half of the alley located in Block 5, Hyde Park, as follows : the 12 foot alley in Block 5, Hyde Park, lying south of the south lot line of Lot 22, extended easterly and north of the south line of Lot 16 extended easterly. All lying east and adjoining Lots 16 - 21, Block 5, Hyde Park, generally located at 6017 - 3rd Street 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 Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant 572-3593 . 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 24, 1997 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 18, 1997 September 25, 1997 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All Property Owners/Residents within 350 Feet of Property Located at 6017 - 3rd Street N.E. CASE NUMBER: Vacation, SAV #97-01 APPLICANT. Margaret Reed PURPOSE: To vacate the south half of the alley located in Block 5, Hyde Park. LOCATION OF 6017 - 3 rd Street N.E. PROPERTYAND The 12 foot alley in Block 5, Hyde Park, lying south of the LEGAL south lot line of Lot 22, extended easterly and north of the DESCRIPTION: south line of Lot 16 extended easterly. All lying east and adjoining Lots 16 - 21, Block 5, Hyde Park. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 1, 1997 at 7:30 p.m. The Planning Commission Meeting is televised live the night of the meeting on Channel 35. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator or Michele McPherson, Planning Assistant, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 24, 1997. ANY QUESTIONS: Contact either Scott Hickok, Planning Coordinator at 572-3599 or Michele McPherson, Planning Assistant at 572-3593. Publish: September 18, 1997 September 25, 1997 J � _ �f/svv Urot ('�/ h ' (,�)I t'8 w, .c r..• 3 D`O� / �. -_7.73.6 Fog , 130 dt1 _. cc 5zJ' ) , _4 1): �BU� '-1- -�1 o- 29 �� 1987 REQUEST j�> 2,9 !s'> 2/ :949 6 �:;- - -; � 1997 REQI�ST j IT 77 _..ssfjeyyE__JJJ.1 17 F13ALLEY TO BE VACATED ua ;N • v `i ZE 5 \f��: n --I 2s ., W zs t � Cal LL' 17 h io r ss7 9t ' '^ k. 77 59TH AVENUE N.E. y� ,Q h r � Q n � e�� 6f v'1 y ¢ u 27 ZS �5 h a ` !J 's z4 7 5 9 T 11��' ���9� ��, �� - - �, 1y0)Z3 M. ''•' - CJ R '� .. tir ry�`+� �., 1 � ,�` �� .� Vacation, SAV #97-01 Mailed: 9/ 17/97 Margaret Reed HERRMANN KAY K HENSON JOE F EROVICK ERNEST& RUBY OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 260 61ST AVE NE 270 61ST AVE NE 6070 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 DOLD JEROME A SINCLAIR OIL CORPORATION ANDERSON RICHARD C OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6073 3RD ST NE 6071 UNIVERSITY AVE NE 6063 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55421 FRIDLEY MN 55432 HUGHES JULI ANN BERG DAVID A&KIMBERLY K JOHNSON WAYNE A&MARY C OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6060 3RD ST NE 6055 2 1/2 ST NE 6051 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 JOHNSON THOMAS M&JEAN M MILLER MATTHEW L&HEIDI A SOLOMON JEROME&SPENCER ALLE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6050 3RD ST NE 6045 2 1/2 ST NE 6061 UNIVERSITY AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 TRUEHL THEODORE R&DE LOIS EARLEY JOHN A&KAREN T GREGERSON WALLACE G&L B OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6044 4TH ST NE 6041 3RD ST NE 6040 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 PACKER ROBBIE R HENRIKSON DAVID G&M M VAN-O-LITE,INC. OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6035 2 1/2 ST NE 6031 3RD ST NE 6041 UNIVERSITY AVE NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 CIELUCH RICK J WRANESCHETZ STEVEN M COPELAND TODD A&ANN M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6034 4TH ST NE 6030 3RD ST NE 6025 2 1/2 ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 REED MARGARET R THEROUX JOYCE M AFFIAS WOLF OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6017 3RD ST NE 6020 3RD ST NE 6015 2 1/2 ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 BYRNE ROBERT D&HELEN C M&I AUTO SUPPLY COMPANY PESTELLO MICHAEL&ELAINE M OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 6020 4TH ST NE 6005 UNIVERSITY AVE NE 60113 RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55421 FRIDLEY MN 55432 WOEHLER JEROME E&MARGARET E WEDDEL BARBARA J FERDELMAN ANTOINETTE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 60112 1/2 ST NE 6010 3RD ST NE 6007 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 f BJORK RUTH ANNE HART FRANKLIN H JR&TERESA OOMROW NANDRAM&DURMATEE OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 251 60TH AVE NE 6000 3RD ST NE 5981 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55432 FRIDLEY MN 55432 GUIMONT WILLARD C&DORIS J CHURCHILL HUGH&DARLENE E LEVKOVICH VITALY A&ANNA A OR CURRENT RESIDENT OR CURRENT RESIDENT OR CURRENT RESIDENT 5980 3RD ST NE 5955 2 1/2 ST NE 5973 3RD ST NE FRIDLEY MN 55432 FRIDLEY MN 55421 FRIDLEY MN 55432 BUSTON J G&BULATAO NELIA G OR CURRENT RESIDENT 5974 3RD ST NE FRIDLEY MN 55432 f s LA i 5�l 7aZ -7 C, ` l i� . rt s t e '- su 78F',- 76 a� CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UN-1VERSITY AVE_ N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 COVER SHEET TO: FROM: Barbara Dacy, Community Development Director DATE: Go` // /t� 7 PAGES: (including cover sheet) REMARKS: L—(/ IV lam` **If all pages have not been properly received, please call me at 572-3590** F ou In CITY OF FRIDLLY FRIDLEY MUNICIPAL CENTER•6431 UNTiVERSITY AVE.N.E.FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 COVER SHEET TO: FROM: Barbara Dacy, Community DevelDpment Director DATE: 1c. 7 t L PAGES: (including cover sheet) i REMARKS: r 7 i f **If all pages have not been properly received, please call me at 572-3590** CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450•FAX(612)571-1287 October 28, 1997 John Hippchen MnDOT, Metro Division Watersedge Building 1500 West County Road B2 Roseville, MN 55113' RE: Partial Vacation of an Alley in Block 5, Hyde Park, Anoka County, Minnesota Dear Mr. Hippchen: This letter is to request that the Minnesota Department of Transportation deed the south 240 feet of the alley located in Block 5, Hyde Park, Anoka County, Minnesota. In 1989, MnDOT deeded the north 360 feet to the City as part of File No. 7300 SP 0205 (56 = 156-23). The City recently vacated this alley and wants to declare the alley excess and convey it to the adjacent property owners. The adjacent properties are Torrens and the City's actions will need to be memorialized against the Torrens certificate. From my review of our file, it appears that MnDOT determined that the alley to be deeded to the City is abstract. I have included several maps of the affected area to aid in your research and preparation of the deed. I hope to receive the deed from your office no later than November 24, 1997. If this time does not accommodate your schedule, please contact me at 572-3593 so we may establish a new deadline. We would like to complete the sale of excess property process by December 31, 1997, so that we may transfer ownership to the adjacent property owners and they can begin memorialization of their certificates of title. Thank your for your assistance with this matter. Again, please call me if you have any questions. Sincerely, Michele McPherson Planning Assistant MMAS C-97-213 Kurth Surveying,Inc. 4002 Jefferson St. N.E. Columbia Heights,Minnesota 55421 Phone(612) 788-9769 Fax(612) 788-7602 Q November 30, 1997 City of Fridley Attn : Barb Dacy 6431 University Avenue N.E. Fridley, Minnesota 55432 Services rendered thru November 30, 1997 -Hyde Park 1997 Last work done October 07, 1997 $ CURRENT NEW CHARGES $ 0.00 STATEMENT Current new charges $ 0.00 Previous billing + 110.00 Payment received-Thank you -0.00 Finance charges + 0.00 Total due as of November 30, 1997 $ 110.00 Payment due upon receipt,carrying charge of 1.5% per month after 30 days. Kurth Surveying,Ina 4002 Jefferson St. N.E. Columbia Heights,Minnesota 55421 Phone(612) 788-9769 Fax(612) 788-7602 December 31, 1997 City of Fridley Attn : Barb Dacy 6431 University Avenue N.E. Fridley, Minnesota 55432 Services rendered thru December 31, 1997 -Hyde Park 1997 Last work done October 07, 1997 $ CURRENT NEW CHARGES $ 0.00 STATEMENT Current new charges $ 0.00 Previous billing + 110.00 Payment received-Thank you -0.00 Finance charges + 0.00 Total due as of December 31, 1997 $ 110.00 Payment due upon receipt,carrying charge of 1.5% per month after 30 days. Kurth Surveying, Inc. 4002 Jefferson St. N.E. Columbia Heights,Minnesota 55421 Phone (612) 788-9769 Fax(612) 788-7602 January 31, 1998 City of Fridley Attn : Barb Dacy 6431 University Avenue N.E. Fridley, Minnesota 55432 Services rendered thru January 31, 1998 -Hyde Park 1998 Last work done October 07, 1997 $ CURRENT NEW CHARGES $ 0.00 STATEMENT Current new charges $ 0.00 Previous billing + 110.00 Payment received-Thank you -0.00 Finance charges + 0.00 Total due as of January 31, 1998 $ 110.00 Payment due upon receipt,carrying charge of 1.5% per month after 30 days. Kurth Surveying, Inc. 4002 Jefferson St. N.E. Columbia Heights, Minnesota 55421 Phone (612) 788-9769 Fax (612) 788-7602 February 28, 1998 City of Fridley Attn : Barb Dacy 6431 University Avenue N.E. Fridley, Minnesota 55432 Services rendered thru February 28, 1998 -Hyde Park 1998 Last work done October 07, 1997 $ CURRENT NEW CHARGES $ 0.00 STATEMENT Current new charges $ 0.00 Previous billing + 110.00 Payment received- Thank you -0.00 Finance charges + 0.00 Total due as of February 28, 1998 $ 110.00 Payment due upon receipt,carrying charge of 1.5% per month after 30 days. February 17, 1998 Toni Ferdelman 6007 Third Street Fridley, MN 55432 Dear Ms. Ferdelman: This is to follow up on our meeting on February 3, 1998 regarding remodeling options for your home. I have enclosed a copy of the Housing Replacement Program Development Guide, if, in fact, you decide to purchase a vacant lot through the Fridley HRA. Please contact Grant Fernelius if you wish to pursue purchasing a lot. Please note on page seven, there are three vacant lots available in the Hyde Park Neighborhood (5925 Main Street, 5857 Main Street and 5800 2"d Street). You also asked if a new home and garage can be connected by a breezeway. A breezeway is permissible as long as it has frost footings. You also inquired as to the valuation of the land around your property. Enclosed is a list of parcels that surround your property, and they list both the land value and the building value. Remember that these are values for taxation purposes. Good luck on your decision-making, and if you need further assistance, please do not hesitate to contact myself or my staff. Sincerely, Barbara Dacy, AICP Community Development Director B D/dw C-98-30 Enclosure ASSESSED LAND AND BUILDING VALUES (Payable 1998) Address Land Building Total 6011 Td Street $23,700 $74,500 $98,200 6007 Td Street $23,700 $42,200 $65,900 6000 3`d Street $23,700 $52,200 $75,900 6017 3rd Street $23,700 $48,000 $71,700 6010 3rd Street $23,700 $52,600 $76,300 60203 rd Street $24,500 $59,800 $84,300 GRANT E. FERNELIUS _ Housing Coordinator CITYCrT/OF Municipal Center FRJDOF 6431 University Avenue Northeast Fridley, Minnesota 55432 (612) 572-3591 FAX (612)571-1287 VOICEMAIL (612) 572-3577(591) v r CITYOF CITY OF FRIDLEY FWDLEY COMMISSION APPLICATION REVIEW ------------------------------------------------------- ------------------------------------------------------- File Number 38 File Date 9/9/97 Meeting Date 10/ 1/97 ------------------------------------------------------- ------------------------------------------------------- Description: vacation, SAV 4697-01 , by Margaret Reed; 6017 - 3rd Street N.E. ------------------------------------------------------- ------------------------------------------------------- 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 Haukaas Asst. Public Works Director LAND USE APPLICATION FILE CHECKLIST Date Created: A-1 File Number: 'Mv q-1-CL Summary of Request: U Date Submitted: 2� Application Deadline: 4211 10 Day Completion Notice: 461191 (Official Receiving Date) 60 Day Action Date: /OzIdL understand that while my application was submitted for (applicant's name) review on , the application deadline is: , and the 60 day action window will not begin until I receive a letter stating that my application is complete. I also understand that the City may, at any time during the 60 day action window, in writing, notify me that the process will be extended an additional 60 days. (signed) (witnessed by receiver) Application Found Complete yes no Application Completion Notices Mailed: Scheduled Planning Commission: Scheduled Appeals Commission: Scheduled City Council: �� r^� LOTS 27 THR( HYDE PARK, ARD pCE 4• CLASS S BASE -. ,/Y ammsmaus BASE ,rr grnni*MW WEAR I J SENCFNfARK Taj NU7 HYDRANT p. BENCHMARK aVATION e a �TLlCHT es7.H4 Q 0 :f to. - inn REM C _ ;T. F 8 0 0 0 *safe a , - -- jusT. RJ1 H do iwSTALL J tvE NAH R- '_ -A 11REClED B EN6'B+E� TtE IN EXIST. C Es F: Ln 8LA,7KT,,F r.ca {, AND .7MI DRIVE � , AH R- AS BY.Eommw .. .. RE!wG+lE REPt ACE I P r JVr�F_ A M EXIST. cAMNO "'Wi - `` x iJEEtiAE-I 7 33-A L — — _r-- 8 0 O d ^F r L'�/ pf►pT N FU�tN15F4 .4h� _ MEN POLE a _6LLEY �+-'`_ — ALLEY OrRT•) ow�rMeAo ^woks�'-''' : -x - — _ X. LINE•VY�—— x -�E--_ �x - _._ .. -' _a+ uNK- , -!(— X— �' C�WN LIWc fHNNCE 1�tSTALL C AUlt T 7{C JhK FE4;E AVE. (S.T.H. NO. 47) 60T p�ppt Kn svM fnaTf� bye cooa ���C� . . , O I � I -- I ♦ fi^ Coe CN �.- - svv Qas r � CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 1, 1997 CALL TO ORDER: Chairperson Savage called the October 1, 1997 Planni Commission meeting to order at 7 : 30 p.m. ROLL CALL: Members Present: Diane Savage, LeRoy Oquis , Brad Sielaff, Connie Modig Members Absent: Dave Kondrick, Dean S a, Larry Kuechle Others Present: Barbara Dacy, Comm nity Development Director Scott Hickok, P1 ning Coordinator Michele McPhers , Planning Assistant Dennis Honsa, olton & Menk Ron Stelter, riendly Chevrolet Ray Kahl, 9 Hillwind Road Councilme er Billings Al Quam, 99 73rd Avenue NE Jeff Br nk, Brenk Brothers, Inc. Suzan & William Holm, 7424 Melody Drive Pete O' Keefe, 5641 4th Street NE Ton' Ferdelman, 6007 3rd Street NE C 1 & Kathy Agerbeck, 7551 Central Avenue NE nthia & Tony Schreiner, 7372 Symphony St NE Thorwald Johannsen, 7358 Symphony Street NE Margaret Reed, 6017 3rd Street NE Frank Masserano, International Ministerial Fellowship Chet Masserano Brian Houwman, Houwman Architects Jane Brassam Joel Harding, Dolphin Development and Construction Co. , Inc. APPROV OF SEPTEMBER 17, 1997 PLANNING COMMISSION MINUTES: MOT N by Mr. Sielaff, seconded by Mr. Oquist, to approve the Se ember 17, 1997, Planning Commission minutes as written. PON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. 1 . PUBLIC HEARING: CONSIDERATION OF A VACATION REQUEST, SAV #97-01, BY MARGARET REED: To vacate the south half of the alley located in Block 5, Hyde Park, as follows : the 12 foot alley in Block 5, Hyde Park, lying south of the south lot line of Lot 22, extended PLANNING COMMISSION MEETING, OCTOBER 1, 1997 PAGE 2 easterly and north of the south line of Lot 16 extended easterly. All lying east and adjoining Lots 16 - 21, Block 5, Hyde Park, generally located at 6017 - 3rd Street N.E. MOTION by Mr. Oquist, seconded by Ms. Modig, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:33 P.M. Ms. Dacy stated the vacation request is to vacate a 12-foot alley located on Block 5 of Hyde Park behind three homes along the east side of 3rd Street. The three properties are located in the northeast corner along 60th Avenue and 3rd Street. The site is also adjacent to the University Avenue right-of-way. The property is zoned S-1, Hyde Park Neighborhood, which is a special type of zoning district exclusively for the Hyde Park area. Ms. Dacy stated there was a similar vacation request for this 12- foot alley just north of the properties being discussed at this time. In 1987, a request was initiated by one of the five property owners to vacate the alley at that time. That process was ultimately concluded in 1992 . The alley was platted in the original Hyde Park plat which was recorded in the latter part of the 1880 ' s. The plat also created lots which were purchased by MnDOT in order to construct University Avenue. Ms. Dacy stated they learned from the previous request that a legal process that needs to occur on the certificates of ownership for each of those lots. That process is called a memorialization process. Vacating the alley will not have an adverse impact on the sites. All of the lots will have access from either 60th Avenue to the south or from 3rd Street. Ms. Dacy stated Ms . Reed, the property owner at 6017 3rd Street, is proposing to construct a new garage and a new driveway from 3rd Street . Right now, she has a garage with access through the alley at the rear of the property. She has already planned to reconstruct her access to 3rd Street. The property owner at 6011 3rd Street has access from 3rd Street at this time. The owner at 6007 3rd Street has a driveway to 60th Avenue. She also understands from a phone conversation today that this owner wants to build a new garage as well. Ms. Dacy stated there is an NSP power line located along the alley so a public utility easement will be required along the area. The petitioners will also need to complete the memorialization process to attach the 12 feet to the certificate of titles that they have at the County. The petitioners will have to incur that expense. PLANNING COMMISSION MEETING, OCTOBER 1, 1997 PAGE 3 Ms. Dacy stated the memorialization process has a number of steps . The City will vacate the alley - the Planning Commission will make a recommendation to the City Council and the Council will pass a resolution vacating the alley. When vacating alleys or road rights-of-way, one half of the alley will go to the owner on one side and the other half to the owner on the other side. In this case, the east 6 feet of the alley will accrue to the ownership of MnDOT. Then, we need to contact MnDOT after the alley is vacated and ask them to deed that 6 feet back to the City. When the City gets it, the City has to declare the property as excess, meaning it is okay to convey that back to the property owners. At that point, the property owners initiate the legal process to memorialize the certificate of titles . That is a process where an attorney would file an order at Anoka County court which would identify all of these deeds and transactions, and officially declare the full 12 feet is attached to the property. Ms. Dacy stated staff recommends approval of the vacation request with the following stipulations: 1 . The petitioners agree to provide a 12-foot wide public drainage and utility easement along the entire length of the alley. 2 . The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12- foot alley to each of the subject properties . 3 . The area now used as an alley shall be converted to lawn/grass area by October 1, 1998 . 4 . Vehicles shall not be stored on the vacated alley and must be parked in conformance with City Code. 5. The petitioners shall provide the correct legal description of the alley to be vacated, including the triangular-shaped property next to 6007 3rd Street N.E. Ms. Dacy stated the reason for the last stipulation is that there is a triangle of property located immediately adjacent to 60th Avenue that adds additional area to the vacation that is just a little unusual. Staff have advised the petitioners to have a surveyor review that and prepare a legal description to make sure that, when the Council vacates it, they are vacating the right piece of property. The petitioners have initiated that process. Ms. Savage asked if there were questions of staff. Mr. Sielaff asked if the cost of the MnDOT deed to the City was also a cost of the petitioner. r PLANNING COMMISSION MEETING, OCTOBER 1, 1997 PAGE 4 Ms. Dacy stated the State will not charge or require payment as part of the transfer of that east 6 feet. They will convey that to the City for $1 . 00. As part of their application fee for the vacation, staff will do the required steps for the vacation, contact MnDOT to obtain the deed, and initiate the process to pass an ordinance declare that east 6 feet as excess. The petitioners ' costs come in to take all of those documents and hire an attorney to do the processing. The only cost to the City is staff time. Mr. Oquist asked if staff could foresee any problems with MnDOT. Ms. Dacy stated no. She did not see a problem with MnDOT conveying the east 6 feet. She was the staff person who worked on the application to the north. It is just an issue of time as to when they can complete the quit claim deed. Mr. Oquist stated he understands three property owners will be affected. Do all three owners have to agree to this vacation? What happens if one decides not to proceed with this process? Ms. Dacy stated all three property owners have signed an agreement for the vacation. If one or two decides to drop out, we would need to take a look at which two out of the three. If Ms. Reed who is at the end of the alley and has access through the alley decides not to pursue the driveway from 3rd Street but the other two do, that would cut off her access. We would have to look at who is objecting and for what reason. At this point, all three agree. Ms. Reed stated, back in 1987, the only reason the alley was kept open was to allow access to her garage. When she decided to do something about the driveway and understood the need for it to be a hard surface, she looked at maintaining the alley which she has done all along. She decided on the 3rd Street access for the garage and that started the ball rolling. She had staff look at the site before deciding where the driveway might be. She then decided to offer the option to the other two property owners to close the alley since it did not need to be open for her. Ms. Savage asked if the petitioner had any problem with the stipulations. Ms. Reed stated no. Ms. Ferdelman stated she had no problems with the stipulations. She had no additional comments. Mr. Oquist stated staff had come out to look at Ms. Reed' s property. There is no problem with putting the driveway in and no PLANNING COMMISSION MEETING, OCTOBER 1, 1997 PAGE 5 need for a variance. Ms . Reed stated she had several different options. There was room on either side of the property, but the south portion would only allow an 8-foot driveway. The north side will be a better access and will accommodate the garage and a two-car width driveway. MOTION by Mr. Oquist, secorfded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7 :44 P.M. Ms. Modig stated the only stipulation she wondered about was #3 ' where staff is asking to have the alley converted to grass by 1998 . If the process takes as long as the other one did, is it reasonable to expect them to have that landscaping taken care of in one year if the process is not completed? Ms. Dacy agreed this was a good point. She suggested that the stipulation could be amended to say " . . . to be completed within one year of the memorialization. " One of the owners wants to construct a fence back to the chain link fence on University Avenue. That is why she did not think they were objecting to that stipulation. If the Commission would like to clarify, that should give ample time. MOTION by Ms . Modig, seconded by Mr. Oquist, to recommend approval of Vacation, SAV #97-01, by Margaret Reed, to vacate the south half of the alley located in Block 5, Hyde Park, as follows : the 12 foot alley in Block 5, Hyde Park, lying south of the south lot line of Lot 22, extended easterly and north of the south line of Lot 16 extended easterly. All lying east and adjoining Lots 16 - 21, Block 5, Hyde Park, generally located at 6017 - 3rd Street N.E. , with the following stipulations: 1 . The petitioners agree to provide a 12-foot wide public drainage and utility easement along the entire length of the alley. 2. The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12- foot alley to each of the subject properties. 3 . The area now used as an alley shall be converted to lawn/grass area no later than one year after the date of completion of the memorialization process. 4 . Vehicles shall not be stored on the vacated alley and must be parked in conformance with City Code. PLANNING COMMISSION MEETING, OCTOBER 1, 1997 PAGE 6 5. The petitioners shall provide the correct legal description of the alley to be vacated, including the triangular-shaped property next to 6007 3rd Street N.E. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the City Council would review this item at their meeting of October 13, 1997 . 2 . PUBLIC HEARING: CONSIDERATION OF A REZONING, ZOA #97-04,/BY BOLTON & MENK: To rezone property from M-4, Manufacturing Only, to C , General Shopping Center, on the North 330 feet of t Southeast 1/4 of the Northwest 1/4 of Section 12, ownship 30, Range 24, and all that part of the Northeast /4 of the Northwest 1/4 lying south of the north 1120 fee thereof, Section 12, Township 30, Range 24, generally cated at 7501 Highway 65 N.E. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to waive the reading of the public hearing notice and to en the public hearing. f UPON A VOICE VOTE, ALL VOTING AYE; CHAI ERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING EN AT 7 :48 P.M. Ms. McPherson stated the rezoning r quest is by Bolton & Menk who is representing Friendly Chevrole /Geo located at 7501 Highway 65. They are requesting a rezoning approximately 2 . 48 acres from M- 4, Manufacturing Only, to C-3, General Shopping Center District. Ms. McPherson stated the s ject property is located at the northeast corner of the i ersection of the east Highway 65 service road and Firesi Drive. There are mobile homes to the south, additional C-3 oning to the south, and to the east is a manufacturing plant o ned by Brenk Brothers Manufacturing. If approved, the owner of the property is proposing to expand the parking area to t rear. Located on the subject property is the car dealership, riendly Chevrolet/Geo. A car dealership has been located on thi location since 1971. The Appeals Commission reviewed a va lance request related to the expanded parking area at their Se ember 24 meeting. The property owner and the Xadjacenter, Brenk Brothers, are also in the process of preliminary plat which is the next item on the agenda. n stated there are three criteria used to analyze uests: MEMORANDUM . ��ii `P vvv;�v v v v-��•r-.•- vvvvA _` '` ' DEVELOPMENT DIRECTOR .: ����%i.�i�Fdeveloprnent �to�omic i ievelopment DATE: September 29, 1997 TO: Planning Commission Members FROM: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Michele McPherson, Planning Assistant SUBJECT: Vacation Request, SAV#97-01, by Margaret Reed: 6017 - 3`d Street N.E. PROPOSED REQUEST Three property owners along the east side of 3`d Street north of 60'Avenue are petitioning for an alley vacation along the rear of their properties abutting University Avenue. This request is similar to a request which was filed by a property owner further north in the same block in 1987 (Wayne Johnson). BACKGROUND The subject property consists of three parcels located at 6007, 6011, and 6017 3rd Street N.E. The legal descriptions encompass six lots in the Hyde Park plat which was recorded in the 1880's. Each of the parcels is approximately 80 feet wide and measure 129 feet in depth. To the rear of these parcels is a platted alley 12 feet in width. Two of the three properties (6007 and 6011) receive access from 60'h Avenue and 3`d Street, respectively. The property at 6017 - 3'd Street has been using the alley to gain access to the garage at the rear of the property. The property owner at 6017 - 3rd Street is Margaret Reed who intends on constructing a new driveway from 3`d Street to a new garage at the rear of the property. She has spoken to the neighbors Michael Pestello at 6011 - 3rd Street and Antoinette Ferdelman at 6007 - 3`d Street, and the three have jointly signed a petition to vacate the 12 foot alley at the rear of the three lots. Margaret Reed SAV September 29, 1997 Page 2 ANALYSIS The area proposed to be vacated now consists of a tightly packed dirt path since it has been used for vehicle access to 6017 - 3`d Street. The MnDOT fence which abuts the east side of the alley is located approximately one foot east of the 12 foot alley in MnDOT right-of-way. The alley to the north in the same block was officially vacated in 1992 (there was a significant amount of legal activity regarding this vacation which will be presented further in the report); therefore, this request will eliminate the entire length of the alley in the block. There is an overhead NSP power line which runs along the alley. As was done with the previous application, a public drainage and utility easement covering the entire 12 feet should be retained in order to provide an access for public utilities. The alley vacation itself does not pose anv adverse concerns to the abutting owners who are petitioning for this request. The owners, however, need to be aware of the significant legal process which will ensue as a result of the vacation procedure. The process which needs to occur is based on staffs experience with the previous vacation request by Wayne Johnson. Although initiated in 1987, the matter was not concluded until 1992 because of the variety of legal issues and the number of property owners affected by the case. Legal Process to be Completed Typical vacation procedures dictate that if an alley or a road right-of-way is vacated, one-half of the property accrues to the abutting properties on either side of the alley or right-of-way. In this case, six feet of the 12 feet will accrue to the Minnesota Department of Transportation since these lots were originally purchased for the installation of University Avenue. Once the City adopts the ordinance to vacate, MnDOT must convey the east six feet of the alley to the City. The City must then declare it "excess" and pass an ordinance to that effect. At that time, the State's Certificate of Title pertaining to these lots must be "memorialized" with the ordinance to vacate the alley, the legal notice to vacate the alley, and the deed to the City. The memorialization process typically takes at least three to six months. The State will not complete this process since it is too time consuming and affects a very small land area. Therefore, the affected owners must carry out the process in order to obtain good title. Margaret Reed SAV September 29, 1997 Page 3 Finally, the abutting property owners must memorialize their Certificates of Title (all three property owners have Torrens certificates), with the deed from the City to the property owners conveying the east six feet of the alley. Staff has advised Ms. Reed with the ramifications of initiating the process. She was advised to speak to the other petitioners to determine if they are willing to carry out the next steps so that their Certificates of Title are appropriately corrected for legal purposes. Each of the petitioners or the petitioners as a group should retain an attorney to complete the memorialization process. 6007 - 3`d Street There appears to be a triangular-shaped portion to the alley abutting 6007 3`d Street. A legal description of the area to be vacated should be provided by the petitioners prior to adoption of the ordinance for first reading. RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the vacation request subject to the following stipulations: 1. The petitioners agree-to provide a .12 foot wide public drainage and utility easement along the entire length of the alley. 2. The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties. 3. The area now used as an alley shall be converted to lawn/grass area by October 1, 1998. 4. Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code. 5. The petitioners shall provide the correct legal description of the alley to be vacated, including the triangular-shaped property next to 6007 - 3`d Street N.E. 6 D/dw M-97-403 i SAV #87-07 1 Wayne Johnson n-A 22 'A0 Win' q��J' 27 37) Z9� 5 : 1987 REQUEST LJ Al e -9 i a /3678 •' 21 /9 A9 /2 f/> /9 199017 REQSmi FA I 145 zz ZZ MA/ ` ze ALLEY TO BE VAC ATED 27 1 281\, .: 27co V y /dC7l Z6 bel ?6 5 `,.: ^� zo.a�) C V), 6 2s -- -- W \ //p 20 2i qbi /p,l W ` (oc W �`- - --, Z 9 >>�� 4 Zi /O�m): Z/ 1 --- z n z - 20 ° Z 20 �� /- �'� _ _�. _-- -=' 1` 1/7 /9 tib 91) 1 I¢s iso. `°' � � /E t,19 t �h°�4• ° /(r n � � 59TH AVE , N.E. y o 'i4 HUE N.E ' -' 7 7 z 29 2� 4l _ 0 _41` N 27 27 (w)27 o N s .illy-•✓N n 1 \ 2¢ 7 s rrsFpp W27-121 L 9 T IV1► S i � 1 <n 34 A v, - ' t _ © O t'.r Vr S � ����-\v r5-.o s a✓ e v. �-��a,a �-o u © � � -,n �-,o n .�v.c�. �,a� w; � � -� a� 414 j s %N7 -fl, IA 42 zu Ad 5,z k7- IF: �kk LAMM 4, —XV -S.- 4� '4, -tt 7 A T-C-. .j7 It. ,we4 mw v . ......... VW mommV�WU 110,110 REMB." f PETITION FOR VACATION OF REMAINING PORTION OF ALLEY LOCATED BETWEEN THIRD STREET N.E. AND UNIVERSITY AVENUE.- SOUTH OF 61ST STREET, AND NORTH OF 60TH STREET. THE THREE HOMEOWNERS AGREEING ON THIS VACATION LIVE IN HOMES WITH HOUSE NUMBERS 6017, 6011 AND 6007. SIGNED: DATE lzw a4 ov, C� 24.15 MEMORANDUM ; x DEVELOPMENT DIRECTOR 'de meent rit 'Conomic 3 z z: evelopment DATE: October 15, 1998 TO: William W. Burns, City Manager ,'�'i� l FROM: Barbara Dacy, Community Development Director SUBJECT: Ordinance Declaring Alley to be Surplus Background On October 13, 1997, the City Council approved a vacation request to vacate a 12 foot alley along the rear of three single family residential properties between 6007 and 6017 3rd Street NE. Because a vacation request triggers each half of the alley to accrue to the owners abutting each side of the alley, the City after its vacation approval requested a deed from the Minnesota Department of Transportation to release their interest in the east half of the vacated alley (the alley abuts TH 47). MN DOT has forwarded the deed to staff's attention, and once recorded the City will have ownership of the east six feet of the alley. The sale of excess property ordinance is required for the City to convey the east six feet to the affected three property owners. Once the east half of the alley has been conveyed from the City to the three property owners, the three property owners must initiate a memorialization process on their Torrens Certificates so that the additional square footage is added to their property. Recommendation Staff recommends that the City Council adopt the attached ordinance for first reading. BD\jt Enclosure M-98-208 1.01 IR MEMORANDUM DEVELOPMENT DIRECTOR deve ent :x IoP^m �:oncxnk $Xelopmertt vY> DATE: November 5, 1998 ,,II TO: William W. Burns, City Manager FROM: Barbara Dacy, Community Development Director SUBJECT: Ordinance Declaring Alley in Hyde Park to be Surplus Background On October 13, 1997, the City Council approved a vacation request to vacate a 12 foot alley along the rear of three single family residential properties between 6007 and 6017 3rd Street NE. Because a vacation request triggers each half of the alley to accrue to the owners abutting each side of the alley, the City after its vacation approval requested a deed from the Minnesota Department of Transportation to release their interest in the east half of the vacated alley (the alley abuts TH 47). MN DOT has forwarded the deed to staff's attention, and once recorded the City will have ownership of the east six feet of the alley. The sale of the excess property ordinance is required for the City to convey the east six feet to the affected three property owners. Once the east half of the alley has been conveyed from the City to the three property owners, the three property owners must initiate a memorialization process of their Torrens Certificates so that the additional square footage is added to their property. Recommendation The first reading was adopted by the City Council at its October 19, 1998, meeting. Staff recommends that the City Council adopt the second and final reading of the ordinance as presented. BD\jt Enclosure M-98- 1.01 �� z IZl Z7 or -` Iiliid lii Zoning Designations: "' • Units 97-01, , \� R-3 -General Multiple Units P,4 -Mobile Fb i Parks ... Generaldr'"from mcords bamd south half of the alley located • •Mng.- adjacent Avenue _ •- '...•r• _ • cc•i ime as of 2117/97r rsity- _• i- - - y FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13. 1997 PAGE 23 the developer will be here requesting a special use permit. Council may be able to place ome control on the site via landscaping, etc. If it were to be a bank with the proposal as show , it is a very good concept mitigating the impact on the neighborhood. Councilwoman Bolkcom stated that a better development can come along. Li ting and other controls can be addressed even if a convenience store were proposed. Councilman Barnette stated that he will vote in favor of the motion. ouncil still has some controls concerning the future development. MOTION by Councilman Billings to waive the reading and a rove the ordinance on first reading. Seconded by Councilwoman Bolkcom. Upon a v ice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. 23. FIRST READING OF AN ORDINANCE TO MEND THE CITY CODE OF THE CITY OF FRIDLEY MINNESOTA BY AAKING A CHANGE IN ZONING DISTRICTS BY FRANK MASSE O III TO REZONE PROPERTY GENERALLY LOCATED AT 63RD JAVENUE AND EAST MOORE LAKE DRIVE) (WARD 2): Mr. Hickok, Planning Coordinator, state that the Planning Commission conducted a public hearing regarding this rezoning reques at its October 1, 1997 meeting. One future and one current resident of the adjacent neigh rhood spoke on this issue. The speakers were generally supportive of the development on t site at 63rd Avenue and Moore Lake Drive. Issues such as building design, building height, d landscape screening were discussed. Staff recommends that Cou it approve the first reading of the ordinance rezoning the property at the southwest corner of 3rd Avenue and East Moore Lake Drive, from R-1, Single Family Residential and C-3, G eral Shopping Center, to CR-1, General Office. MOTION by C ncilman Schneider to waive the reading and approve the ordinance on first reading with t following three stipulations: (1) approval of VAR #97-18; (2) a new landscape plan will be equired and shall be approved by staff prior to issuance of a building permit; and (3) a Compr ensive Plan amendment will be required to reflect a commercial designation (to be comp le d as part of the City's overall Comprehensive Plan amendments.) Seconded by Cou ilman Barnette. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion car ed unanimously. 24. RESOLUTION NO 82-1997 APPROVING A VACATION SAV #97-01, GENERALLY LOCATED AT 6017 THIRD STREET N.E. (BY MARGARET REED) (WARD 3): Ms. Dacy, Community Development Director, stated that three property owners along the east side of Third Street north of 60th Avenue are petitioning for an alley vacation along the rear of their properties abutting University Avenue. This request is similar to a request which was filed FRIDLEY CITY COUNCIL MEETNG OF OCTOBER 13, 1997 PAGE 24 by a property owner further north in the same block in 1987. The subject property consists of three parcels located at 6007, 6011 and 6017 Third Street N.E. Two of the three properties (6007 and 6011) receive access from 60th Avenue and Third Street. The property at 6017 Third Street has been using the alley to gain access to the garage at the rear of the property. The property owner at 6017 Third Street is Margaret Reed who intends to construct a new driveway from Third Street to a new garage at the rear of the property. She has spoken to the neighbors Michael Pestello at 6011 Third Street and Antoinette Ferdelman at 6007 Third Street. The three have jointly signed a petition to vacate the 12 foot alley at the rear of the three lots. There is an overhead Northern States Power power line which runs along the alley. As was done with the previous application, a public drainage and utility easement covering the entire 12 feet should be retained in order to provide an access for public utilities. The alley vacation itself does not pose any adverse concerns to the abutting owners who are petitioning for this request. The owners, however, need to be aware of the significant legal process which will ensue as a result of the vacation procedure. The process which needs to occur is based on staffs experience with the previous vacation request by Wayne Johnson. Although he initiated in 1987, the matter was not concluded until 1992 because of the variety of legal issues and the number of property owners affected by the case. The Planning Commission has recommended the approval of the vacation request subject to the following stipulations: (1) The petitioners agree to provide a 12 foot wide public drainage and utility easement along the entire length of the alley; (2) The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties; (3) The area now used as an alley shall be converted to lawn/grass area no later than one year after completion of the memorialization process; (4) Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code; and (5) The petitioners shall provide the correct legal description of the alley to be vacated, including the triangular-shaped property next to 6007 Third Street. Ms. Dacy stated that Stipulation No. 5, requesting the petitioners provide the correct legal description of the alley to be vacated, including the triangular-shaped property next to 6007 Third Street should be removed because it has already been done. MOTION by Councilman Billings to amend Resolution No. 82-1997 striking Stipulation No. 5. Seconded by Councilwoman Bolkcom, Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. MOTION by Councilman Barnette to adopt Resolution No. 82-1997. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Jorgenson declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 9, 1998 PAGE 2 City of Fridley from Senator Grams in which he anked Fridley for their efforts in encouraging community input in preventing crime. Dave Sallman, Public Safety Director, wa present to accept the-award on behalf of the City of Fridley. Additionally, recognition was ven to those citizens who have actively participated in Fridley's National Night Out. APPROVAL OF CONSENT AG NDA: OLD BUSINESS: 1. ORDINANCE NO. 1120-1998 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF (ALLEY IN HYDE PARK): Mr. Burns, City Manager, explained that this action would allow the City to deed the State's half of a vacated alley to the owners of three properties located between 6007 and 6017 Third Street. APPROVED ORDINANCE NO. 1120-1998 DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. 2. RESOLUTION NO. 88-1998 ADOPTING ASSESSMENT FOR RICE CREEK BANK STABILIZATION PROJECT NO. 309 (TABLED OCTOBER 19, 1998): Mr. Burns, City Manager, explained that by this action, twenty-two property owners would be assessed $57,164.80 for a cr k bank armoring project along Rice Creek. At the last Council meeting, one owner, Bru Lester, objected to his assessment stating that it was nearly twice as large as the original a 'mate. Since that time, staff worked with the contractor for the project and with Mr. Lester resolve Mr. Lester's issues. APPROVED RESOLUTION NO. 80-1998, AD TING ASSESSMENT FOR RICE CREEK STABILIZATION PROJECT NO. 309. NEW BUSINESS: 3. RESOLUTION NO. 81-1998 APPROVING A FINA PLAT P.S. #98-02 FRIDLEY EXECUTIVE CENTER (WARD 1): Mr. Burns, City Manager, explained that on March 3, 1998, C ncil approved the preliminary plat for the Fridley Executive Center based on an applicati n by the Housing and Redevelopment Authority (HRA) and MEPC American Properties. As a result of Medtronic Inc.'s interest in the property, the final plat for the property has een revised to describe the property as two lots, one for the Torrens portion of the pro rty and the other for the abstract portion of the property. This revision will simplify legal scriptions THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITYOUNCIL OF NOVEMBER 9, 1998 The Regular Meeting of the Fridley City Council was called to order by yor Jorgenson at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Jorgenson led the Council and audience in the Pledge of giance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Jorgenson, Cou ilmember Barnette, Councilmember Billings, Councilmember olkcom, and Councilmember Schneider MEMBERS ABSENT: None APPROVAL OF MINUTES: COUNCIL MEETING— OCTO ER 19, 1998: MOTION by Councilmember Bolkco to approve the minutes of the October 19, 1998 City Council Meeting as presented in writ g. Seconded by Councilmember Barnette. UPON A VOICE VOTE, A MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED THE MOTION ARRIED UNANIMOUSLY. SPECIAL CITY C UNCtL MEETING— NOVEMBER 5, 1998: MOTION by Councilm ber Schneider to approve the minutes of the November 5, 1998 Special City Council Meeting presented in writing. Seconded by Councilmember Bolkcom. UPON A VOIC VOTE, ALL MEMBERS VOTING AYE, MAYOR JORGENSON DECLARED TH MOTION CARRIED UNANIMOUSLY. PROCLAMA ION: May/NTATION: on read a Proclamation declaring the month of November 1998 as Home Health Care the City of Fridley, Minnesota. PRE Mr Richard Tostenson of Senator Rod Grams' office was in attendance to present the City of Fidley with an award for Outstanding Achievements in Crime Prevention. He read a letter to the E, • z RESOLUTION NO. 82 - 1997 A RESOLUTION APPROVING A VACATION, SAV #97-01, GENERALLY LOCATED AT 6017 - 3RD STREET N.E. WHEREAS, the Planning Commission held a public hearing on the vacation, SAV #97-01, on October 1, 1997 and recommended approval to vacate: The alley legally described as all of that part of the 12 foot alley within Block 5, Hyde Park, Anoka County, Minnesota, lying southerly of the easterly extension of the north line of Lot 21 and northerly of the easterly extension of the south line of Lot 16 . The street and utility easement granted by Quit Claim Deed dated 12-10-71 and recorded 1-28-72 as Document No. 73481 described as all that part of Lot 16, Block 5, Hyde Park, described as commencing at the southeast corner of said Lot 16; thence west along the south line of said Lot 16, a distance of 20 .00 feet; thence in a northeasterly direction to the northeast corner of said Lot 16; thence south along the east line of said Lot 16 to the southeast corner of said Lot 16; being the point of beginning and there terminating. WHEREAS, the City Council at their October 13, 1997 meeting approved the vacation request at the same meeting, with stipulations attached as Exhibit A. WHEREAS, the vacation has been made in conformance with Minnesota State Statutes and pursuant to Section 12 .07 of the City Charter and Chapter 205 of the Fridley City Code. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley hereby approves the vacation, SAV #97-01, and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13 T11 DAY OF OCTOBER, 1997. NANCY J. JORGENSON - MAYOR ATTEST: WILLIAM A. CHAMPA - CITY CLERK Page 2 - Resolution No. 82 - 1997 1. The petitioners agree to provide a 12 foot wide public drainage and utility easement along the entire length of the alley. 2 . The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties. 3 . The area now used as an alley shall be converted to lawn/grass area no later than one year after completion of the memorialization process. 4 . Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code. ORDINANCE NO. 1120 AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF. SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: The east half of that part of the vacated alley which adjoins Lots 10-15, Block 5, Hyde Park, lying north of the south line of said lot 15 extended westerly and south of the north line of said Lot 10 extended westerly, according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. All lying in Section 23, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. Section 2 . It is hereby determined by the City Council that the a City no longer has any reason to continue to own said property, and the City Council is hereby authorized to sell or enter into a contract to sell said property. Section 3 . The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deeds to affect the sale of the above-described real estate. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TE DAY OF NOVEMBER, 1998. CY O EN N - MAYOR ATTEST: "SKOEN DEB CLERK First Reading: October 19, 1998 Second Reading: November 9, 1998 Publication: November 19, 1998 CRY 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 October 24, 1997 Michael Pestello 6011 - 3" Street N.E. Fridley, MN 55432 Dear Mr. Pestello: On October 13, 1997, the Fridley City Council officially approved your request for a vacation, SAV #97-01, to vacate an alley and a street and utility easement described as follows: The alley legally described as all of that part of the 12 foot alley within Block 5, Hyde Park, Anoka County, Minnesota, lying southerly of the easterly extension of the north line of Lot 21 and northerly of the easterly extension of the south line of Lot 16. The street and utility easement granted by Quit Claim Deed dated 12-10- 71 and recorded 1-28-72 as Document No. 73481 described as all that part of Lot 16, Block 5, Hyde Park, described as commencing at the southeast corner of said Lot 16; thence west along the south line of said Lot 16 a distance of 20.00 feet: thence in a northeasterly direction to the northeast corner of said Lot 16; thence south along the east line of said Lot 16 to the southeast corner of said Lot 16; being the point of beginning and there terminating. This property is generally located between 6007 and 6017 - 3rd Street N.E. Approval of this vacation is contingent upon the following stipulations: 1. The petitioners agree to provide a 12 foot wide public drainage and utility easement along the entire length of the alley. Michael Pestello October 24, 1997 Page 2 2. The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties. 3. The area now used as an alley shall be converted to lawn/grass area no later than one year after completion of the memorialization process. 4. Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code. MnDOT will be contacted to obtain a deed to the easterly six feet and once received, the City will initiate the ordinance process to declare it excess. I will keep you apprised of our progress with the State. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 7, 1997. j�1Xt r P�� Concur with action taken. 419 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 October 24, 1997 Antoinette Ferdelman 6007 - 3rd Street N.E. Fridley, MN 55432 Dear Ms. Ferdelman: On October 13, 1997, the Fridley City Council officially approved your request for a vacation, SAV #97-01, to vacate an alley and a street and utility easement described as follows: The alley legally described as all of that part of the 12 foot alley within Block 5, Hyde Park, Anoka County, Minnesota, lying southerly of the easterly extension of the north line of Lot 21 and northerly of the easterly extension of the south line of Lot 16. The street and utility easement granted by Quit Claim Deed dated 12-10- 71 and recorded 1-28-72 as Document No. 73481 described as all that part of Lot 16, Block 5, Hyde Park, described as commencing at the southeast corner of said Lot 16; thence west along the south line of said Lot 16, a distance of 20.00 feet; thence in a northeasterly direction to the northeast corner of said Lot 16; thence south along the east line of said Lot 16 to the southeast corner of said Lot 16; being the point of beginning and there terminating. This property is generally located between 6007 and 6017 - 3' Street N.E. Approval of this vacation is contingent upon the following stipulations: 1. The petitioners agree to provide a 12 foot wide public drainage and utility easement along the entire length of the alley. Antoinette Ferdelman October 24, 1997 Page 2 2. The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties. 3. The area now used as an alley shall be converted to lawn/grass area no later than one year after completion of the memorialization process. 4. Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code. MnDOT will be contacted to obtain a deed to the easterly six feet and once received, the City will initiate the ordinance process to declare it excess. I will keep you apprised of our progress with the State. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, 1 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 November 7, 1997. Concur with action taken. r' �, c � . _ � _; o. __'1 :�:_. ,``r{rrr{ !i, .. i, � .: _ 1_ kfr 1'�_::.. 4 .. F,.. j X. _ _ L� - _ !'.. i \ � 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 October 24, 1997 Margaret Reed 6017 - 3 d Street N.E. Fridley, MN 55432 Dear Ms. Reed: On October 13, 1997, the Fridley City Council officially approved your request for a vacation, SAV #97-01, to vacate an alley and a street and utility easement described as follows: The alley legally described as all of that part of the 12 foot alley within Block 5, Hyde Park, Anoka County, Minnesota, lying southerly of the easterly extension of the north line of Lot 21 and northerly of the easterly extension of the south line of Lot 16. The street and utility easement granted by Quit Claim Deed dated 12-10- 71 and recorded 1-28-72 as Document No. 73481 described as all that part of Lot 16, Block 5, Hyde Park, described as commencing at the southeast corner of s?iri 1._ot 16-, thence vvest along the south line of said Lot 16, a distance of 20.00 feet; thence in a northeasterly direction to the northeast corner of said Lot 16; thence south along the east line of said Lot 16 to the southeast corner of said Lot 16; being the point of beginning and there terminating. This property is generally located between 6007 and 6017 - 3`d Street N.E. Approval of this vacation is contingent upon the following stipulations: 1. The petitioners agree to provide a 12 foot wide public drainage and utility easement along the entire length of the alley. Margaret Reed October 24, 1997 Page 2 2. The petitioners are responsible for the appropriate memorialization processes required to properly attach the 12 foot alley to each of the subject properties. 3. The area now used as an alley shall be converted to lawn/grass area no later than one year after completion of the memorialization process. 4. Vehicles shall not be stored on the vacated alley, and must be parked in conformance with City Code. MnDOT will be contacted to obtain a deed to the easterly six feet and once received, the City will initiate the ordinance process to declare it excess. I will keep you apprised of our progress with the State. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dw Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 7, 1997. Concur with`-ac- ion taken.