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05/22/1991 PLANNING COMMISSION MEETING AGENDA WEDNESDAY, MAY 22, 1991 7:30 P.M. Public Copy Planning Commission City of Fridley AGENDA PLANNING COMMISSION MEETING WEDNESDAY, MAY 22, 1991 7:30 P.M. LOCATION: FRIDLEY MUNICIPAL CENTER, 6431 UNIVERSITY AVENUE N.E. CALL TO ORDER: ROLL CALL: APPROVE PLANNING COMMISSION MINUTES: May 8, 1991 CONSIDERATION OF A VACATION REQUEST, SAV #91-01, BY EUGENE AND JEAN HAGBERG: To vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2 1/2 Street. CONSIDERATION OF A VACATION REQUEST. SAV #91-02, BY JAMES AND LYNDA PETERSON AND TIMOTHY AND DONNETT MILLER: To vacate the east 110 x 40 feet of Dover Street as measured from the east right-of-way line of Broad Avenue, subject to an easement for utility purposes over the southerly 20 feet of the portion of Dover Street to be vacated and a walkway easement over the northerly 10 feet of the southerly 20 feet of the portion of Dover Street to be vacated, generally located south of 591 Dover Street and north of 7995 Broad Avenue. RECEIVE THE MINUTES OF THE ENVIRONMENTAL QUALITY AND ENERGY COMMISSION MEETING OF APRIL 16, 1991 RECEIVE THE MINUTES OF THE HUMAN RESOURCES COMMISSION MEETING OF MAY 2 , 1991 RECEIVE THE MINUTES OF THE APPEALS COMMISSION MEETING OF MAY 14 , 1991 OTHER BUSINESS: ADJOURN: I. CITY OF FRIDLEY PLANNING COMMISSION MEETING, MAY 8, 1991 CALL TO ORDER: Chairperson Betzold called the May 8, 1991, Planning Commission meeting to order at 7:30 p.m. ROLL CALL: Members Present: Don Betzold, Dave Kondrick, Dean Saba, Brad Sielaff Members Absent: Sue Sherek, Connie Modig, Diane Savage Others Present: Barbara Dacy, Community Development Director APPROVAL OF APRIL 24, 1991, PLANNING COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to approve the April 24, 1991, Planning Commission minutes as written. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: Amending Chapter 205 of the Fridley City Code, entitled "zoning" by deleting and renumbering consecutive sections of the R-3, General Multiple Dwelling District Regulations: 205. 09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 5. PARKING REQUIREMENTS D. Design Requirements. (7) All parking facilities of fifty (5-63 spaces or mere 3hall be subject to intcrior landscape improvements a3 approved by the City. 7. PERFORMANCE STANDARDS F. Landscaping. 1 be minimum criteria for landscaping: PLANNING COMMISSION MEETING, MAY 8, 1991 PAGE 2 boulevard. (2) All open areas of any site, except areas used for parking, driveways, or storage shall have ground cover and be landscaped with trees, shrubs, berms, and other landscaping materials. areas for maintenance of landscaping. (4) It shall be the owner's responsibility to ace that all required landscaping is maintained in an attractive, well kept condition. (5) All vacant lots, tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. These sections are in conflict with the recently adopted Ordinance #960 and should be deleted. MOTION by Mr. Kondrick, seconded by Mr. Saba, to waive the reading of the public hearing notice and open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Dacy stated that in the processing of the new landscape ordinance, staff failed to delete the above two sections of the R-3 zoning code. The sections to be deleted conflict with the newly adopted landscape ordinance. Staff is recommending approval of the ordinance amendment. MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Mr. Sielaff, seconded by Mr. Saba, to recommend to City Council approval of amending Chapter 205 of the Fridley City Code entitled "Zoning" by deleting and renumbering consecutive sections of the R-3, General Multiple Dwelling District Regulations. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. PLANNING COMMISSION MEETING, MAY 8, 1991 PAGE 3 2. DRAFT OF THE WATER PORTION OF THE SEWER AND WATER PORTION OF THE COMPREHENSIVE PLAN: Ms. Dacy stated the Water and Sewer Chapter is one of the chapters the City has to amend according to a Metropolitan Council deadline. The other chapter is the Transportation Chapter. Ms. Dacy stated the content of the water portion is based on the HNTB study that was recently done. She stated she would welcome any comments or changes to the draft. She noted that in compliance with the City Council's wishes, the draft will be forwarded to the City Council before or at the same time the other commissions begin their review. She stated that the information does not contain any goals or policies; those will be added after discussion with the City Council. Mr. Betzold asked if the City knows what other neighboring communities will be doing for the water portion. It might be a good idea to get some studies from other communities that would give the City some comparisons. Mr. Sielaff stated that in the Hydrogeology portion, staff might want to consider ground water sensitivity. Ground water is more sensitive in some areas than in other areas. Fridley is probably one area where sensitivity could be a big issue. City staff might want to contact the Department of Natural Resources (DNR) , because the DNR is starting to do sensitivity mapping. The DNR might also be able to give staff some insight on the criteria they are using to determine sensitivity. Mr. Sielaff stated another issue is wellhead protection. There is a federal program, and there is now funding for the state for wellhead protection areas. There is a glacial drift well in the City, and that would be particularly susceptible to wellhead contamination. Wellhead protection is a type of land use plan, because it restricts certain types of development around municipal wells. So, staff might want to check with the State on wellhead protection. Mr. Sielaff stated that regarding Item IV. THREATS TO WATER SOURCE, staff might want to inventory sources in the City that could be possible contaminant sources. Gas stations, such as the underground storage tank situations discussed at the last Planning Commission meeting, are sources of contamination. Mr. Sielaff stated that regarding water conservation, does the City want to consider restricting water to large water users. It is not an important issue right now, but during a drought, it is very important issue. Water during a drought is becoming a greater concern throughout the Twin Cities area PLANNING COMMISSION MEETING, MAY 8, 1991 PAGE 4 because aquifers are being pumped more and more and not recharging enough to keep up with the demand. He is talking about the long term, and are they taking water away from future generations? Mr. Sielaff stated a question he had was: How does this water portion tie in with 509 planning? Both the Rice Creek Watershed District and Six Cities Watershed District do 509 planning. Ms. Dacy stated that is separate, and it will be addressed in a separate chapter on storm water. Mr. Betzold stated that regarding water contamination, do they clearly know what course of action the City would take if they know there is contaminated water? They should have a plan of action in place. Mr. Betzold stated that regarding water conservation, a sprinkling ban is good; but they should also come up with other ways to enforce conservation. He would like the City to know ahead of time what their priorities are for restricting water. Mr. Kondrick stated that because of the severe drought situation in the State of California and the innovative ways the state has had to come up with to conserve water, that would be a very good source of information. Mr. Sielaff stated the City might also want to identify the large water users in the City. Mr. Sielaff asked about other parameters in the drinking water supply. Lead has been made a big deal by the E.P.A. Has lead been an issue in the City of Fridley? Ms. Dacy stated lead has been addressed. She will update the Commission on this issue. 3 . DETAILED OUTLINE OF THE SEWER PORTION OF THE SEWER AND WATER CHAPTER OF THE COMPREHENSIVE PLAN: Ms. Dacy stated this is just an outline. Staff is still gathering information. As compared to the water issue, there has not been a recent sewer study done since the last decade. There may not be a need for one, because they are servicing almost the entire city. She believed the big issue from Metropolitan Council 's standpoint will be the infiltration/inflow issue. Mr. Betzold asked if the City has a plan for inspecting all the sewer lines in the City so they know when sewer lines are PLANNING COMMISSION MEETING, MAY 8, 1991 PAGE 5 in need of replacement or repair. Is this something that should be in the Comprehensive Plan? Ms. Dacy stated it might be a strategy, but she did not think it was the intent of the Plan to have that done and to hire a separate consultant. She will discuss this with John Flora. She stated if there is a plan, it is an in-house policy as far as the Engineering Department is concerned. A typical replacement line would come up through the Capital Improvement Plan. Mr. Sielaff asked what kind of position the cities are in to determine sewer user charges. Does the City have any leverage at all? Ms. Dacy stated, no, that is established by the Metropolitan Waste Control Commission. Mr. Sielaff stated he has always had a concern about the Metropolitan Waste Control Commission, because he did not know what kind of oversight they have as to what is a fair fee. Maybe the cities are not getting such a good deal. The City might be paying too much. Mr. Sielaff stated he did not know if the City gets involved in pretreatment or not. Mr. Sielaff stated another concern is hazardous waste. He did not know if hazardous waste in the sewer system is a problem or not. Some time in the future, they might have to deal with hazardous waste at the source. Mr. Saba stated there is the issue of "gray water". California is dealing with that issue right now--whether to allow the diverting of bath water, dish water, and laundry water outside for use in watering lawns and gardens instead of the water going into the sewer. Ms. Dacy thanked the Commissioners for their good input and comments. 4 . RECEIVE APRIL 1, 1991, PARKS & RECREATION COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Saba, to receive the April 1, 1991, Parks & Recreation Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE APRIL 4 , 1991, HOUSING & REDEVELOPMENT AUTHORITY MINUTES: 4 PLANNING COMMISSION MEETING, MAY 8, 1991 PAGE 6 MOTION by Mr. Saba, seconded by Mr. Kondrick, to receive the April 4, 1991, Housing & Redevelopment Authority minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE APRIL 4, 1991, HUMAN RESOURCES COMMISSION MINUTES: MOTION by Mr. Kondrick, seconded by Mr. Sielaff, to receive the April 4, 1991, Human Resources Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Mr. Sielaff, seconded by Mr. Saba, to adjourn the meeting. Upon a voice vote, Chairperson Betzold declared the motion carried and the May 8, 1991, Planning Commission meeting adjourned at 8:09 p.m. Res ectfully submitted, Ly e Saba Recording Secretary ........_,.. ow in 1 j STAFF REPORT APPEALS DATE CITY OF PLANNING COMMISSION DATE : May 22, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR r1/dn REQUEST PERMIT NUMBER SAV #91-01 APPLICANT Eugene and Jean Hagberg PROPOSED REQUEST To vacate the north 243 feet of a 12 foot alley in Block 23, Hyde Park, as measured from the south ROW LOCATION line of 59th Avenue. SITE DATA SIZE DENSITY PRESENT ZONING S-1 , Hyde Park ADJACENT LAND USES S-1 , Hyde Park to the north, south, east, and west & ZONING UTILITIES PARK DEDICATION ANALYSIS FINANCIAL IMPLICATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV #91-01 Eugene/Jean Hagberg N 1/2 SEC. 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The request abuts the properties 5851 through 5881 - 2nd Street and 5846 through 5852 - 2 1/2 Street. SITE The alley is located between 58th and 59th Avenues and 2nd and 2 1/2 Streets. The alley is not improved, and the properties adjacent to it are zoned S-1, Hyde Park. ANALYSIS Public Purpose Alleys serve the public in three ways. They provide: 1. Vehicular access; 2 . Location for utilities; 3. Access for emergency vehicles. All the properties except 5834 - 2 1/2 Street where Mr. Meisner resides have access from the public streets. Advantages of the Vacation There are several advantages to vacating the alley. It will remove from public responsibility part of an alley that the City cannot maintain, transferring the maintenance responsibilities to the adjacent homeowners. The vacation would potentially remove the nuisances of partying and the illegal dumping of materials. Mr. Meisner, who uses the alley on a regular basis for access, would still have access opportunities from 58th Avenue or could obtain access across the south portion of the parking lot of the apartment building at 5851 - 2nd Street (to the rear of his home) . The alley currently is not used by snowplow or garbage hauling companies. Disadvantages of the Vacation There are also several disadvantages to vacating the alley. The City Council has preferred 100% agreement for vacation of an alley, being reluctant to approve partial alley or street vacations in the past. In 1963 , there was a problem with an alley vacation where there was not 100% agreement by the adjacent homeowners (see attached minutes) , but the alley was eventually vacated. In 1980, Staff Report SAV #91-01, Eugene and Jean Hagberg Page 3 the City Council vacated the alley in Block 7, Hyde Park, on 100% agreement by the property owners. In the Hyde Park neighborhood, there are two partially vacated alleys and four entirely vacated alleys. Vacating a portion of the alley would eliminate through- traffic and would create a dead-end alley with no turn-around option; people would be required to back down the alley. Vacating a part of the alley eliminates options for Mr. Meisner to access his property. With only one entrance to the alley, access would be prohibited should an obstruction block the alley at 58th Avenue. Mr. Meisner uses the alley in order to park his vehicle in the rear yard. One option for him is to pave a parking area in the front yard; however, in 1978, the City told the previous property owner that he would not be able to use the curb cut that existed along the street for a driveway (see attachment "A") . However, Section 205.07.06.A. (1) . (b) allows parking in the required front yard if such parking occurs on a hardsurface. In reviewing the proposed vacation request in terms of the three public purposes discussed earlier, the alley is required by Mr. Meisner to provide vehicular access to his property. There are no City utilities located in the alley; however, NSP does have an electric line running the length of the alley and would require a ten foot drainage and utility easement over the vacated alley. The City does not require the alley for emergency access by fire or police vehicles. If Mr. Meisner can be guaranteed access to his property, either through an easement agreement with the property owner at 5851 - 2nd Street or can pave a parking area in his front yard, the first public purpose would not be needed and part of the alley could be vacated. RECOMMENDATION The vacation request should not be granted until Mr. Meisner has guaranteed access to his property by an easement agreement with the property owner of 5851 - 2nd Street or by allowing him to pave a parking area in the front yard. If either option occurs, staff recommends that a part of the alley be vacated with the following stipulations: 1. The petitioner shall pay for the cost of preparing and installing the dead-end alley signs. 2. The petitioner shall provide a ten foot drainage and utility easement over the vacated alley. The Planning Commission may also want to discuss the policy issue of vacating part or all of the alleys in general, and then make a recommendation for the City Council to consider. ay } 6431 AVENUE N.E. FRIDLEY, )N 55432 amity Developoent Department ` (612) 571-3450 } VAKIATIct APP'LIChTION MIN ti pROPEICY INFORMATION - site plan for submittals; see attached Address: ��.�-, " Legal description: 1 z 34. ' i ` (aal4e-d I 7 3 7d4 ctto / vc IOt Block Tract/Addition Legal description of easement to be vacated: r Current zoning: Tom- I .quare: footage/acreage Reason for vacation: o 6 e--c i G S ( % )1 IJIC e tin i FEE OWNER ON �^"-''� `� f9-u �,` I .." . (Contract Purchasers: Fee Owners mist sign this form prior to processing) NAME ttl&A.0 V4 � ea A. i, 190-1 ADDRESS <5$8 i--a n cL i) e 4-1,iL/., . ) IRYTnNE PHONE 53/-/7 7 4 SIGAZVRE T t eoule,,,,, &1l1, ,itnATE V—/51—q/ 1'JrrriONER INFORMATION NAME (,c U \I-_ 4 , c, ' ADDRESS 8 an 11 -4-y, ` dLAirc, CAYTnM PHONE 3 3/-/ 7 7 SIG ZVRE . flk, Co 6i e/ht, ii-ezt.A . CATE Fee: $150.00 V �-- Permit sAv # 9 I -d/ Reoepit # 3 7 JcJ 7 Application received by: Scheduled Planning Commission date: —rna ij 7 , l 9 q I Scheduled City Council date: • 11J CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612)571-3450• FAX (612)571-1287 April 19, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a vacation, SAV #91-01, by Eugene and Jean Hagberg, to vacate the 12 foot alley in Block 23, Hyde Park, for a distance of approximately 243 feet south of the south line of 59th Avenue, generally located north of 58th Avenue, south of 59th Avenue, east of 2nd Street, and west of 2 1/2 Street. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, May 22, 1991 at the Fridley Municipal Center, 643.1 University Avenue N.E. , at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Planning 5/3/91 SAV #91-01 Eugene and Jean Hagberg MAILING LIST Council Eugene and Jean Hagberg Karen Moorman Jerry Finkelstein 5881 - 2nd Street N.E. 5850 - 2 1/2 Street N.E. 4319 Cedarwood Road Fridley, MN 55432 Fridley, MN 55432 St. Louis Park, MN 55416 George Pfieffer John RasmussenAtj Eugene Lundberg 5817 - 2 1/2 Street N.E. 5846 - 2 1/2 Street N.E. 5815 - 2nd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 �/I�Q`�'Angela Wax John Rasmussen Rebecca Smith 5821 - 2 1/2 Street N.E. 8855 - 230th Street E. 5825 - 2nd StreetN.E. Fridley, MN 55432 Lakeville, MN 55044 Fridley, MN 55432 Charles Lindberg DuWayne Williamette Tri Nguyen 5825 - 2 1/2 Street N.E. 5834 - 2 1/2 Street N.E. 5835 - 2nd Street N.E. Fridley, MN 55432 Fridley, MN 55432 Fridley, MN 55432 Charles Lindberg Judith Konsela Current Resident 5829 - 2 1/2 Street N.E. 5828 - 2 1/2 Street N.E. 5851 - 2nd Street N.E. Fridley, MN 55432 Fridley, MN 55432E Fridley, MN 55432 Bonnie Mikkola Jerry McNurliaMj Tropicana Company 5833 - 2 1/2 Street N.E. 5820 - 2 1/2 Street N.E. Marshall Lebow (All - Fridley, MN 55432 Fridley, MN 55432 6950 Wayzata Boulevard Minneapolis, MN 55426 Ronald Newland Jerry McNurlin 5841 - 2 1/2 Street N.E. 250 Sylvan Lane N.E. Eileen Davis Fridley, MN 55432 Fridley, MN 55432 5875 - 2nd Street N.E. Fridley, MN 55432 Elmer Gabrelcik Robert Johnson, 5845 - 2 1/2 Street N.E. 5810 - 2 1/2 Street N.E. David BurgiAok Fridley, MN 55432 Fridley, MN 55432 5866 - 2ndeet N.E. Fridley, MN 55432 Ervin Guibord Robert Johnson 5847 - 2 1/2 Street N.E. 7 Dartmouth Circle David Burg Fridley, MN 55432 Longmont, CO 80501 2291 Lois Drive New Brighton, MN 55112 Everett Beck Albin JohnsonA 5849 - 2 1/2 Strreet N.E. 5800 - 2 1/2 Street N.E. Ralph Ward,/11 Fridley, MN 55432 Fridley, MN 55432 5848 - 2nd Street N.E. Fridley, MN 55432 Victor Leader,/1. Albin Johnson 5851 - 2 1/2 Street N.E. RR 1 , Box 59 Ralph Ward Fridley, MN 55432 Cushing, WI 54006 2812 - 64th Avenue North Brooklyn Center, MN 55430 Joseph Cherveny Jerry Finkelstein:' 1: 5852 - 2 1/2 Street N.E. 5801 - 2nd Street N.E. John Weatherly Fridley, MN 55432 Fridley, MN 55432 5830 - 2nd Street N.E. FRidley, MN 55432 • Page 2 Eugene and Jean Hagberg SAV #91-01 John Weatherly City Council Members 5815 - 19th Avenue South Minneapolis, MN 55417 Planning Comm. Chair Sylvia Holmen 5816 - 2nd Street N.E. Fridley, MN 55432 Michael Mezzengaj\4 1435 - 14th Avenue N.E. New Brighton, MN 55112 Michael MezzengatAij-: 5901 - 2 1/2 Street N.E. Fridley, MN 55432 Tammy Hanson 5910 - 2nd Street N.E. Fridley, MN 5543(2� Richard Gesino , ' 5908 - 2 1/2 Street N.E. Fridley, MN 55432 Richard Gesino 3933 Hayes Street N.E. Minneapolis, MN 55337 Richard Gesino,AZ i 5900 - 2 1/2 Street N.E. Fridley, MN 55432 Richard Snyder 5901 - 2nd Street N.E. Fridley, MN 55432 Lloyd LaPointe 5909 - 2nd Street N.E. Fridley, MN 55432 Current Resident 5920 - 3rd Street N.E. Fridley, MN 55432 Douglas Jarosh 5917 - 2nd Street N.E. Fridley, MN 55432 Robert Walrod 5916 - 2nd Street N.E. Fridley, MN 55432 A • • klyrrelf G -vco ;rz�'7 CITY OF PRIMLY VACATION REQUEST NOTIa Date: April 26, 1991 Dear Utility Company: . The City of Fridley currently has a Vacation request, SAV * q 1-n 1 , to See attached • Please indicate whether or not you have a problem with this vacation request. The utility company has no problem with this request. Ofir Signed' - - Company ,--Da The utility company cbes have a problem with this request for the following reasons: g L1li '41141 - 9,t,A”,t /0- 1..Aseemz.d-...4. 1 ,--,-,e4-0, 1€0ee-e rietwfri4E,. eSigned do-� � Ao 9( pany Date Planning Commission and City Council Minutes 1963 Alley Vacation Request 1 STREETS AND MUST= SUB-COMMITTEE MEETING SEPTEMBER 27, 1962 @ 3:45 P.M. 1. ROLL CALL: Present: Chairman Nagel, Member Ubben and City Engineer Calvin G. Brown Absent: None 2. PRELIMINARY STUDY - STREET Lam LOT 35 AUDITORS SUBDIVISION 92: Notion by Ubben to table until overall plan is available for area. Carried. 3. PETITION - ALLEY VACATION - SOUTH 360' OF ALLEY IN BLOCK 2, PLH TOWNSHIP: The committee visited the alley. Petition is signed by 100% of 360 foot vacation requested. Motion by Ubben to recommend approval of vacation as petitioned. Carried. 4. PETITION CONTINUE SERVICE ROAD IN ADJOINING LOTS 1-10 BLOCK 6, SPRING BROOK PARK: motion by Mr. Ubben to receive petition and place on file. Carried. 5. STREET & LOT REARRANGEMENT: LOT 3 & 4 BLOCK 1, HORIZON HEIGHTS ADDITION. The history of this situation and request of Planning Commission to study possible street access solution was explained by the City Engineer. Notion by Mr. Ubben to defer action pending preparation of a possible lot rearrangement and alley vacations. Carried. 6. PETITION - ALLEY VACATION - BLOCK II, HYDE PART ADDITION (60-61st & Main 2nd). The Committee visited the site. Petition is signed by 69% of property owners owning 60% of property. Motion by Mr. Ubben to recommend denial of this petition. Carried. 7. FIVE FOOT (5') EASEMENT VACATION - LOT 16, BLOCK 2 SPRING BROOK PARK ADDITION: The letter from Mrs. Edna N. Hoyt was read. The City Engineer explained the background of this situation which will not affect other lots along 79th Avenue N.E. west of East River Road. The five foot (5') easement could be vacated, and by retaining the five foot (5') utility rights, she could have a 45' lot instead of 50' wide and the city, would still have 10' easement north of its water lateral. notion by Mr. Ubben to recommend vacation of five foot (5') street easement but retention of 5' utility easement adjacent to South edge of Lot' 16, Block 2, Spring Brook Park Addition. Carried. . PLANNING C ISSION M88TING. -.OCTOBER 11, 1962 1. ROLL CALL: Acting Chairman Negel, Members Johanson, Randal, Thompson, Mr. Eravik arrived at 9:30 P.M., City Manager Mr. Wagner, City Engineer Mr. Brown. y: 2. APPROVAL OF MINUTES OF PLANNING COMMISSION MEETING - SEPTEMBER 27_ 1962:. Motion by Mr. Johanson, seconded by Mir. Bendel, to approve the minutes of the Planning Commission meeting of September 13, 1962. Upon a voice vote, there being no nays, said motion carried unanimously. 3. APPROVAL OF MUTES 6F PARES & PLAYGROUNDS - SEPTEMBER 17. 1962: Motion by Mr. Thompson, seconded by Mr. Bandely to approve the minutes of the Parks .& Playgrounds Sub-Committee of September 17, 1962. Upon a • voice vote, there being no nays, said motion carried unanimously. 4. pECEIVED MINUTES OF STREETS & UTILITIES SUB-COMMITTEE OF SEPTEMBER 27. 1962: Notion by Mr. Bendel, seconded by Mr. Johanson, to receive the minutes of the Streets & Utilities Sub-Committee of September 27, 1962. Upon a voice vote, there being no nays, said motion carried unanimously. 5. PETITION - ALLEY VACATION: The South 360' of the alley located in Block 2, Plymouth Addition. Mrr. Nagel stated the Streets & Utilities Sub-Committee recommended this petition be granted.. Notion by Mr. Johanson, seconded by Mr. Bendel, that this alley vacation be granted. Carried unanimously. • 6. ricralUON - ALLEY VACATION: Between 60th Avenue N.E. and 61st Avenue between 2nd St. N.B. and Main Street, Block 8, Hyde Park Addition: The Streets & Utilities Sub-Committee recommended this petition be denied. Motion by M'r. Johanson, seconded by Mr. Thompson, that the Pli'nntig Commission concur with the Streets & Utilities Sub-Committee and recommend that this petition be denied. Carried unanimously. 7. EASEMENT VACATION: Request by Edna 11. Hoyt to vacate 5' easement across Lot 16, Block 2, Spring Brook Park Addition. The Engineer explained that with proper variances, Mrs. Hoyt stated that she can dispose of a 45' lot, but not a 40' lot. Motion by Mr. Johanson that the Planning Commission concur with Streets & Utilities Sub-Committee to recommend vacation of 5' street easement but retention of 5' utility easement adjacent to South edge of Lot 16, Block 2, Spring Brook Park Addition. Seconded by Nr. Thompson, carried unanimously. 8. RECEIVE NIW ES OF PLATS & SUBDIVISIONS SUB-COMMITTEE OF OCTOBER 9, 1962: Notion by Mr. Bendel, seconded by Mr. Johanson to receive these minutes. Carried unanimously. + ,Gau Mall ♦av..i VG vi uG al yilE. Ali. Ire o lid L. U tiad.t, tie felt Mr. Madsen should sign a petition for street for this part of Melody Manor. Mr. Brown, the City Engineer, presented the plans and specifications for the job. Several people stepped forward to view the plans and specifications and Mr. Brown explained the plans to them in detail. A question was asked if there was any money in escrow for this street. It was stated that there was not. John Miller, Melody Manor Addition, asked who was ,going to be assessed for this imorovemer.t. The City Manager stated that the benefitt•ed property would he assessed, but it has not been definitely decided what the exact amount would be. For the property on the north side, it would probably be somewhere in the neighborhoos of $30,000.00. Mr. Wolke stated that he felt that the developer would take care of it. Mr. DeCarbo, who lives in Melody Manor Addition, asked if the people pay for half of -the residential street, who will pay for the other side. It was explained that the people on the north side would be assessed for half of the residential street, and the people on the south side of the overall right=of-way for half of an • industrial street. Mr. Johanson pointed out that the developer is required by the platting ordinance to put in the necessary streets and surface them. There being no further discussion on the matter, the Mayor declared the hearing closed. Grvr l (llevh NovtAmlaei S I'iLO� P LIC HEARING - .VA ATION OF PORTION'OF ALLEY ,- BLOCK 12, PLYMOUTH DITION: The City Manager read the notice of hearing. The City Manager stated that there is a petition requesting vacation of a portion of the alley in Block 12 signed by 100% of 'the people involved in the portion of -the _ alley to be vacated. The Planning Commission had recommended that this alley be vacated. Motion by Nee- to receive the petition and place it on file. Seconded by Sheridan. Upon a voice vote, there being no nays, . the motion carried unanimously. Mr. Wolke asked if there were any garages on the property to the north of the portion of the alley which would not be vacated. It was stated -that there were. Mr. Sheridan asked why the City was not vacating the whole alley. People should have access to use the alley at both ends. Mr. Nee asked if all of the people in the block got a notice of this hearing. The City Engineer stated that they did. There being no further discussion, the Mayor declared the hearing closed. Motion by Wolke to order the ordinance drawn vacating the alley in Block 12, Plymouth Add- ition. Seconded by Johanson. Those voting in favor, Greig, Johanson, Wolke, Nee. Opposed, Sheridan. The motion carried. PUBLIC HEARING ON FIVE FOOT STREET EASEMENT VACATION - LOT 16, BLOCK 2, SPRING BROOK PARK ADDITION (HOYT): The City Manager read the notice of hearing. Mr. Brown explained that Lots 18 through 20 in this block were built on under one ownership. The easement vacation request is for Lot 16, and the owner would have a pproximately 45 feet frontage if this five foot vacation were granted, by adding this to the property they would have on Lots 16 and 17. Mr. Wolke asked what this would leave for the street. Mr. Brown explained this would leave 65 feet for street. Mr. Johanson asked of what use this would be, if she could not get a building permit. Mr. Wolke asked if the property owner could acquire more property to the north. Mr. Brown stated that this was under separate ownership. There being no further discussion, the Mayor declared the hearing closed. There was some further discussion as to whether or not .he easement should be granted before it is determined whether or not a building permit could be obtained for the property. Mr. Wolke stated that the Council could table this request until the building -permit is requested. Motion by Johanson that it is the consensus of the Council that it will act favorably on this var`at.inn ron„oa+ ;f• b,..;i.;;,,,. ,,.,.....,,,. ,,_ the city has an easement. City Attorney Kohlan stated the only real concer normally is whether or not their access is cut off to the back of their . o- perty. The City Manager stated this vacation of an alley had been pub shed and it would be effective June 6th, 1963. RESOLUTION #95-1963 RECEIVING FINAL PLANS AND SPECIFICATIONS . I AUTHORIZING BIDS - SW#65: Mayor Nee announced this was a resolution receiving f'. al plans and specifica- tions and authorizing bids on SW #65. The City Man.. er explained to the City Council, if they wished to pass on this resolutio', they could open bids for same on the following Monday and explained this was the area regarding Barry Blower Company. Motion by Johanson to adopt Resolution ;.- 5-1963 receiving final plans and specifications and authorizing bids o' Project SW#65. Seconded by Brook. Upon a voice vote, there being no _ys, the motion carried unanimously. RESOLUTION #96-1963 RECEIVI . FINAL PLANS AND SPECIFICATIONS AND AUTHORIZING BIDS - SS#64: Mayor Nee announced is was a. resolution receiving final plans and specifica- tions and authoriz' g bids on SS #64. The City Manager explained to the City Council this was the area of Meadowmoor Terrace. Motion by B'.ok to adopt Resolution #96-1963 receiving final plans and speci- fications and authorizing bids on Project SS #64. Seconded by Johanson. Upon a oice vote, there being no nays, the motion carried unanimously. T. City Manager inquired of the City Council if they would like to have a egular meeting time or could three or four members come in late on the after- noon of the 10th to open bids. 600AG t Pnee,1h 721 141 107 Mr. Kurue , returned to the floor the vacation. of alley near his home. Council- man Sheridan explained to him the engineering department doesn't have a record of.the notices sent to the property owners in the area. because it was a public hearing called by the Council. Mr. Nagel, member of the Planning Commission, stated there was a petition by all of the people below this section and stated the Planning Commission had looked it over and felt this vacation didn't affect the people at the other end of the alley because they could still get in and out. Councilman Sheridan stated at the time of the public hearing he had questioned if everybody had been notified within the block because the entire alley wasn 't being vacated and stated these people Were entitled to the use of that alley and they should have been notified to voice any objection to the vacating of the alley. Councilman Sheridan voiced the question to City Attorney Kohlan if this could be held in abeyance and have it set back for another two weeks before it goes into effect by rescinding the order. City Attorney Kohlan explained the ordi- nance had been published and he was at a loss as to bow to undo it, that- • way it Would have to be done would be to establish -an alley again and whether or not the residents would be entitled to any compensation for it, he wasn 't certain. He further explained the city has utility easements and it is a matter of service rights and legally the alley would have to be established. i v It was stated that those residents who lisp on that part of the alley which has been vacated have made repairs, moved fences and fixed it up, etc. City Attorney Kohlan stated the ordinances do not become law until 15 days after publication and there is room for a referendum petition to be filed with adequate signatures. The City Manager asked if an emergency type ordinance could be published and was told it could not. Councilman Wolke suggested the residents opposed to this vacation get a. petition to get it reopened and explained that he had felt, as did the other members of the City Council, the residents had all been notified at the time this had been passed on. City Attorney Kohlan explained that the failure to give this notification under the Charter does not invalidate the ordinance. The notification is something the Council does as a matter of advice and originally the thought was to vacate the entire alley. He further explained he had advised the members of the Planning Commission at that time that as long as these people were using the alley, they should not be deprived of the access. Also protesting this vacation was Mr. George Gorski. Motion by Johanson that the above described alley vacation be returned to the Planning Commission for a closer look because of the objections that have been voiced this evening. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. CLAIMS: Motion by Johanson to approve payment of General Claims #261 through #344. Seconded by Sheridan. Upon a. voice vote, there being no nays, the motion carried unanimously. Motion by Sheridan to approve payment of Liquor Claims #5369 through #5368. Seconded by Brook. Upon a. voice vote, there being no nays, the motion carried unanimously. Motion by Brook to approve payment of Public Utilities Claims #2548 through #2576. Seconded by Wolke. Upon a. voice vote, there being: no nays, the motion carried unanimously. ESTIMA'1'ES: Motion by Sheridan to approve the following described estimates: Dunkley Surfacing Company 3756 Grand Street Northeast Minneapolis, Minnesota Estimate #2 (Partial) Street Improvement Project No. 1962-4 $ 4,836.51 Estimate #4 (Partial) Street Improvement Project No. 1962-2B $12,978.63 Estimate #4 (Partial) Street Improvement Project No. 1962-2A $ 9,185.40 Seconded by Brook. Upon a. voice vote, there being no nays, the motion carried unanimously. LICENSES: • Planning Commission Meeting - June 13, 1963 Page 4 14 LAND SUBDIVISION BASIC REGULATIONS: Continued until next meeting, June 27, 1963. 15. SET PUBLIC HEARING DATE FOR PRELIMINARY PLAT - F. F. FOSLIEN HOMES, IZX' Lot 5-C, 2nd Revision .Auditor's Subdivision tom, except W. 33' taken for Lucia Lane. • Motion by Mr. Nagel, seconded by Mr. Thompson, to set the Publi' Hearing date for Preliminary Plat of Lot 5-C, 2nd Revision Auditor's Subdivision #21, except W. 33' taken for Lucia Lane, for July 11, 1963. Upon a voice vote, all voting aye, the motion carried uanimously. 16. VACATION (SAV #6303) RDSSELL H. FRANCEN, SR.: Six foot easemernt north side of Lot 1, Block 1, Don's 3rd Addition. Motion by Mr. Johanson, seconded by Mr. Nagel, to concur with the Streets and Utilities Sub-Committee to recommend vacation of this easrit, along north edge of Lot 1, Block 1, Dante 3rd Addition, subject to pro- viding a similar easement along the south edge of the lot. Upon a voice vote, all voting aye, the notion carried unanimously. 17. VACATION OF SOUTH 360' OF ALLEY LOCATED IN BLOCK 12, PLYMOUTH t DDITI 0'r:: Motion by Mr. Thompson, seconded by Mr. Johanson, to refez this znacty to the Streets and Utilities Sub-Comittee. Upon a voice vote; all votiiti, eye, except Mr. Nagel who voted nay, the notion carried. Adlourmnents There being no further busineso, Chairman Eravik adjourned the meeting at 9:30 Pal. Respectfully submitteG, Hazel O'Brian Recording Secretary i Pag:,_ 7 zkreets a Utilities Sub-Committee - September 10, 1963 REARRANGEMENT OP ALOES STREET AND AREA - B & 11 INC. - MR, BI!U)€ Mr. Robert Bird explained this property was zoned R-1 and he would keep it that way. The property involved includes Jefferson, Washington, 7t11 and 6th Streets between 57th and 58th. Allowing for twenty feet for street R/W, he would end up with a group of 601 lots. At the present tine, they are platted in 40' lots, He agreed to replat all the propert- he owned leaving out exceptions. Mot• an by Mr. Ubben that the Streets and Utilities Sub-Committee look with favor on the street pattern with the dedications and vacations: as indicated and recommend to the Planning Commission acceptance of this plan„ Carried. PETITION. VACATION RIVERVIEW TERRACE - SAV #63-07 - FRO i 79TE TO BBOA AV;i VE; Present to discuss the vacation were Mt. and Mrs. W. B. Strub and Dr. Robert Jaeger. This portion of Riverview Terrace is not being used as a through street at this time. Met on by Mr. Ubben that the Parks and Playgrounds Committee ttee be cort- tected. that the members of the Streets & Utilities Sub-Committee ard. for Parks and Playgrounds Committee visit this area, and that: Dr. Jaeger be invited to attend. Carried. co:SI:DEBATION Or Nfl EAPOLIS GAS COMPANY PERMIT ##R197-R AND AM=: LANE - Motion by Mr. Ubbcn that the Streets & Utilities Sub-Comrittee den.; both Gas Company permits (Ape:: Lane and Central Avenue frou O ond:.,,a t 75th and Stinson Blvd. Gum 75th to Osborne) unless the Gas Company wishE.s to go don as deep as the City's utilities. Carried. VACPalON Or SOUTH 360 c OF ALLEY LOCATED IN BLOCP. 12, PLY;3OUTE ADDITION Mr. Nagel visited the area. No action. ADJOURNMENT: There being no further business, the meeting was adjourn`d at 5:45 tfuily submitted A JuRRFT, f'TARIt Recording Secretary • PLt'.iMNG CO@i1ISSION MEETING - SEPTEMBER 12, 1963 Pas. The Commission recalled this problem had been discussed pre7icusi with no solution acceptable to the interested parties. MOTION by Thompson, seconded by Nagel, that the P3arming Carom :sto:.. refer the Landlock Problem, Ostmen's 3rd Addition, to the Streets & Utilities, Plats & Subdivisions Committees and the City Engineer fox study. Upon a voice vote, all voting aye, the motion carried. 12. LOT SPLIT BEQUEST - L.S. #63-29 - HARRY SHUTE: Oak Grave Addition, Lott 16, 17, 18. Mr. and Mrs. Harry Shute were present. There was a short discussion regarding the lot sizes. MOTION by Nagel, seconded by Thompson, that the Planning Commissio_. approve the lot split subject to the City Attorney's approval and receipt of certificate of survey, noting that the corner lot is a minims of 602, and payment of the lot split fee. Upon a voice vote, all voting aye; the motion carried, 3, LOT SPLIT REQUEST: L.S. #63-30 - TRED COMPANY, INC. : MOTION by Nagel, seconded by Thompson, that the Planning Commissiel refer this request back to the Plats & Subdivisions Sub-Coaad ttea. a voice vote, all voting aye, the motion carried. 14, VACATION OF SOUTH 360' OF ALLEY LOCATED IN BLOCK 12, PLYMOUTH ADDIT OY. Mr. Nage? reported the Streets & Utilities Sub- rwrimittee had visited this area, MOTION by Thompson, seconded by Bendel, that the Planning Cosmzissitn accept Mfr. Nagel's verbal report and rewmne no change in the originsl recommendation of the vacation. Upon a voice vote, all voting aye, the motion carried. 15. PROPOSED PRELNINARY FLAT - P.S. #63'-0E - MAMEY ADDITION - KEI? NORDLLNG 2 Mi. Kenneth Nordling stated his problem was that 80% of the land was R-2 and 20% zoned R-1. The problem is whether or not the land would require rezoning before platting came ups, Mr. Nordling was asked if b. would assume the costs of publications for rezoning hearing before ti City Attorney's opinion was given, in order to speed up the proceedings Be agreed that he would. MOTION by Thompson, seconded by Nagel, that the Planning CoIr issieL set the Public Hearing date for October 10, 1963 for rezoning, Lot 2; Auditor's Subdivision #94 except that part taken by the State of Ninaesote, Upon a voice vote, all voting aye, the motion carried. such as these. Councilman Wolke inquired if there were a sewer service to t • lot. Mr. Clark stated he didn't know. Mr. Harry Shute, owner, was ent in favor of the lot split and to explain the area. Motion by Wolke to concur with the rec ation of the Planning Commission and approve the lot split of Oak ddition, Lots 16, 17 and 18; L. S. #63-29 by Harry Shute subject e City Attorney 's approval and receipt of certificate of survey. onded by Johanson. Upon a voice vote, there being no nays, the carried unanimously. C,ouruI IMebhe G isee" 114i VACATION OF S 60 FEET OF ALLEY LOCATED IN BLOCK 12, PLYMOUTH ADDITION: The City Manager explained the City Council had approved the vacations and it was referred back to committees for restudy. Councilman Wolke stated he wished to have this item carried over because at the time he had no idea when it would be brought back to the floor and wanted the residents in the area to be notified. Motion by Wolke to table until the next regular meeting of the City Council the vacation of So. 360 feet of alley in Block 12, Plymouth Addition and during the interim notify the residents involved. Mayor Nee inquired if the City Council could have a legal opinion regarding the reversing of their decision. Councilman Wolke stated the residents claim they were not notified and if this were true, it was not a legal action, that there was a condition with two or three garages and residents do not want to back out of their garages and claim they were not notified. It was stated the ordinance was recorded. Mr. Nagel, member of the Planning Commission stated it was only a matter of the residents not getting a house to house notice was the only matter, that some of the residents have al- ready put up fences and the resident doing the most complaining had already moved his garage. City Attorney Smith explained the ordinance had been recorded and he was not certain, at this point, if that didn 't end it, that the City had retained a utility easement but that he would check on same and report to the City Council. Mayor Nee requested that Councilman Wolke rephrase his motion in- cluding in motion that a request for a legal opinion be prepared. Motion by Wolke to table until the next regular meeting of the City Council the vacation of So. 360 feet of alley in Block 12 Plymouth Addition, notify all resi dnts in the particular named block so that a public hearing could be held and request a legal opinion be prepared for the meeting in question. Seconded by Johanson. Upon a voice vote, there being no nays, the motion carried unanimously. CONSIDERATION OF MINNEAPOLIS GAS COMPANY PERMIT #S-197-R AND APEX LANE: The City Manager read to the City Council the recommendation of the anning Commission and stated the Minneapolis Gas Company had requested at lines be closer than ten feet to City utilities; that this had been • 'scussed before that nothing could be closer than ten feet to the lines so - s was referred to Streets and Utilities Committee and the Planning Commissio. .nd they recommended permits be denied. The City Manager explained the per.. s could not be approved ten feet or less without Council action. Mayor Nee 'nquired how close the Minneapolis Gas Company wished to get to the City lin- :. Mr. Clark of the City Engineering De- partment stated they wished to go - ve feet in one location and within seven feet of the City storm sewer ' another location. The City Manager stated he had -called the Minneapol' - as Company and asked if the City had to do any extra digging, would they .. the difference in cost and he had heard nothing from them. Motion by Wo e to concur with the recommendation of the Planning Commission and deny th- .-rmits to the Minneapolis Gas Company on #S-197-R and Apex Lane. Se- con. -. by Brook. Upon a voice vote, there being no nays, the motion carried • animously. COMMUNICATIONS: Mk Motion by Johanson to concur with the recommendation of the Planning Commission and approve the realignment of 73rd Avenue, University Avenue to Able Street, three and one half feet south. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. Ol te-I-i Oakl oe,�1 CONSIDERATE OF VACATION OF SOUTH 360 FEET OF ALLEY: Mayor Nee announced the item for consideration was the vacation of the South 360 feet of an alley and inquired if Councilman Wolke had any comments. Coun- cilman Wolke inquired if the residents in the area affected were notified that this would be on the Agenda this evening. The City Manager replied they had mailed some sixteen notices. Mayor Nee inquired if there were anyone present who wished to be heard in this regard, that as he understood the problem the City of Fridley was in an irreprievable position. Mr. Edgar Milseith of 4656 2nd Street Northeast stated he had just bought a home and was unable to use his garage unless he backed all the way down.the alley. Mr. Rognas of 4680 2nd Street Northeast was also present in favor of the opening of the alley. Mr. George Gorzycki of 4668 2nd Street Northeast was present in favor -of the open- ing of the alley. Mayor Nee explained to the residents present that he had no authority to change the action of the Council at this time. The City Manager stated that, at one time, the entire alley was up for vacation and it was de- cided against it and then it had come up as a part of an alley vacation. Coun- cilman Wolke stated that he felt one of the reasons the City of Fridley did this was because they don't care to have alleys and if the people petition for vacating same, the Council does approve. The question was raised by a resident if an easement could be used. It was explained the City does retain an easement but the City can't use it except for public utilities. Councilman Wolke inquired if the action previously taken was a recommendation of the Streets and Utilities Committee and was told it was. Councilman Wolke stated this area was a problem as the City Coun- cil generally take their recommendations because they check these things quite thoroughly. Mayor Nee explained the problem at the moment was that, apparently, what the City Attorney says is the City does have to go in and buy the property back to reopen the alley. The residents asked what they would do for driving if this was not done. City Attorney Smith explained there was a technicality here on the way of es- tablishing alleys, that there would be legal expenses, etc., and quite a lot of problems. He further stated it was his opinion that not much could be done at a hearing, the Council could decide to pass a resolution to condemn the alley or they could decide to do nothing. A general discussion was held re- garding all aspects in the case. City Attorney Smith in:uired if all the abutting owners were notified. He was told they were and that a petition in this regard was presented. Councilman Sheridan inquired of the City Manager if all of the owners affected by the alley had not asked for a vacation but actually come back with a part section. He was told this was true. Councilman Wolke stated that no matter where a resident lived on this block, they had as much right to any portion, that it was a two way street and if any resident didn't get a notice, then it was a different thing. Councilman Johanson suggested finding out how much of the property they could get back. City Attorney Smith stated he felt it was legally sufficient to follow the statute and charter provisions. Motion by Johanson that the City Manager and City Attorney be instructed to -A V)L1 negotiate with the property owners in the affected alley to see how much of this property they could get back. Seconded by Wolke. Upon a voice vote, there being no nays, the motion carried unanimously. COMMUNICATIONS: EXCAVATORS: LICENSING OF WATER AND SEWER EXCAVATORS: The City Manager stated he had discussed the licensing of water and sewe ex- cavators with the City Attorney and would suggest the City Council ref- this item over to him for his consideration. Motion by Brook to refer to the City Attorney the licensing of water and sewer excavators for the drawing of an ordinance. Seconded by heridan. Upon a voice vote, there being no nays, the motion carried u :nimously. BROOKLYN CENTER: SEWER STUDY AGENCY: Mayor Nee announced this was a communication from Br•oklyn Center on the sewer study agency. Motion by Johanson to receive the c. unication from the Village of, Brooklyn Center and file. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. NORTH SUBURBAN HOSPITAL DISTRICT: ELECTION COSTS: Mayor Nee announced this was a communi :tion from the North Suburban Hospital District regarding election costs. T'e City Manager explained a decrease in election costs was asked for by the 'ospital District, that Fridley had or- iginally billed the hospital distr ct for about $483.00 and the new price would be $170.00. Motion by Johanson to author- e the City Manager to reduce the North Suburban Hospital District election 'ost to the figure of 10% of the total election bill. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. DEPARTMENT OF HEAL .' : RICE CREEK: Mayor Nee announced the communication in question was from the State of Minne- sota regardin , Rice Creek. The City Manager explained to the City Council that the St. e of Minnesota Department of Health recommended certain things be done an. they are talking about an expensive set up, that he had a letter from the 'ealth Inspector in which he felt this problem was not serious. Mayor N-e inquired if this could be studied and the City Council advised. The C' y Manager suggested the City Council might wish a report from the Hea h Officer in this regard and he would want to consult with the Board of Health. Motion by Johanson to receive the letter from the State of Minnesota, De- partment of Health and refer same to the Health Inspector, Mr. Hensley for his study and comments. Seoonded by Sheridan. Upon a voice vote, there be- ing no nays, the motion carried unanimously. and the other regarding the leasing of same. Motion by Johanson to refer the two letters received from Madsen Realty re- garding the building at 6441 University Avenue Northeast to the City Manager for a recommendation to the City Council. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. The City Manager suggested to the City Council if they wished to extend the City property, it would be appropriate to authorize negotiations or looking into a building that might be available adjacent to City property to save rental monies of approximately $4,300.00 per year. Motion by Johanson to authorize the City Manager to negotiate for the acqui- sition of or checking into the possibility of obtaining the Oman property adjacent to City property. Seconded by Brook. Upon a voice vote, there be- ing no nays, the motion carried unanimously. PEARSON: PARK DEPOSIT: Mayor Nee announced the item in question was a communication from Pearson Homes, Inc. The City Manager read aloud the communication and explained it was with regard to a piece of property along East River Road which was just replatted to permit multiple dwelling sites and part of Pearson's Craigway Development, that Mr. Pearson had felt they had contributed their 5% or more for park purposes and though they had sent a check of $105.00 to cover park purposes, they wished Council consideration on same. Engineering Assistant Clark stated the entire acreage of the plat was ninety some acres and the Pearson land, so far, does meet the ordinance requirement. The City Manager explained the $105.00 wouldn't to any good. Motion by Johanson to authorize the City Manager to return the check for $105.00 for park purposes to Pearson Homes, Inc. Seconded by Brook. Upon a voice vote, there being no nays, the motion carried unanimously. taca7 OWNERS OF LOTS 7-25, BLOCK 12, PLYMOUTH ADDITION: ATJ.EY VACATION: The City Manager explained this was a communication -from the residents in the area regarding the alley vacation on the South 360 feet of Block 12, Plymouth Addition, that he had been directed by the City Council to write to the people abutting the same alley to vacate same but this letter had come in and each piece of property that abutts the area in question signed the letter and these residents don't believe in giving alley back. He fur- ther explained this was the alley that had been vacated by ordinance and the City Attorney has advised the only way to do anything about it would be to reacquire by dedication or condemnation. Motion by Johanson to receive and place on file the letter received from the owners of Lots 7 through 25, Block 12, Plymouth Addition and confirm the action previously taken by the City Council. Seconded by Sheridan. Upon a voice Note, there being no nays, the motion carried unanimously. MADSEN: APPRECIATION: The City Manager read aloud the letter of appreciation from Mrs. Betty Madsen. Motion by Brook to receive and place on file the letter of appreciation from Mrs. Betty Madsen. Seconded by Sheridan. Upon a voice vote, there being no nays, the motion carried unanimously. illaj STAFF REPORT APPEALS DATE CI1Y OF PLANNING COMMISSION DATE : May 22, 1991 FRIDLEY CITY COUNCIL DATE AUTHOR MM/dn REQUEST PERMIT NUMBER SAV #91-02 APPLICANT James and Linda Peterson; Timothy and Donnette Miller PROPOSED REQUEST To vacate the east 100 feet of Dover measured from the east ROW line of Broad Avenue. LOCATION Blocks K and H, Riverview Heights SITE DATA SIZE DENSITY PRESENT ZONING R-1 , Single Family Dwelling ADJACENT LAND USES R-1 , Single Family Dwelling to the north, south, & ZONING east, and west MUTES PARK DEDICATION ANALYSIS FINANCIAL IMPUCATIONS CONFORMANCE TO Yes COMPREHENSIVE PLAN COMPATIBILITY WITH Yes ADJACENT USES & ZONING ENVIRONMENTAL CONSIDERATIONS STAFF RECOMMENDATION Approval APPEALS RECOMMENDATION PLANNING COMMISSION RECOMMENDATION SAV #91-02 Peterson/Miller S 1/2 • SEC. ,; CITY OF O 31 slioxlit" 1% 1 6 .1 If ttSIS 411 741 il k . ,„..-; " , ._ I\ :segfititiikiikikeitatWv 7"A:-- ,11131Eititstat,:`;:.1.):: ''-:":-. V.. \ 1 I'4•• \ , Witagiat 1,13, "ty iViallW. 9101 13100.1100 ii;, ,4 iffiriffia \..V a gl ii 11.P.A.42:11V 4 4 1 I til _ t 101 . 11111 -r(,)AIM. ' i , 4 4)t, inaviiii �'. h'. '3.,„iitoill.,,,,its, u V+1s .stftAtiEiYA�9f.Y� ,, ., � .:-s Hr li' --Ittattivata- ,A tirtivititilLioi 1 _ ! '; \_. 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With the exception of sewer and water lines that lie within the public right-of-way, the street is unimproved. The properties are zoned R-1, Single Family Dwelling, and the right-of-way is currently used by Mr. and Mrs. Miller to access their property at 591 Dover Street. ANALYSIS The public purpose served by the right-of-way is to provide vehicular access, emergency access, and to provide public utilities. The proposed vacation would not directly affect through-access for traffic purposes, as there is a change in elevation of approximately 25 feet from the lower portion of Dover Street where the vacation is to occur and the upper portion of Dover Street which is accessed off of East River Road. Mr. Peterson's property is accessed directly from Broad Avenue and Mr. Miller's property is currently accessed from the paper public right-of-way to a private driveway. If the vacation is approved, Mr. Miller will need to construct a new driveway to provide access to his property. Emergency access is accommodated on Broad Avenue to both properties. The other form of access to consider is that by pedestrians. Currently, residents living at the top of the bluff walk down the bluff and cross the right-of-way to be vacated to walk toward the river. The petitioners are proposing to provide a ten foot walkway easement which will continue to allow residents to access the lower portion of Dover Street. There are sewer and water mains within the right-of-way which provide services to the petitioners' properties. In addition, Minnegasco also has a gas main located within the public right-of- way. The petitioners are proposing to provide easements to the City for utilities and drainage. The proposed easement will need to be modified to accommodate Minnegasco. The petitioners received letters of agreement from all but one of the residents living on the upper portion of Dover Street agreeing Staff Report SAV #91-02, James and Lynda Peterson Timothy and Donnett Miller Page 3 to the vacation. The one dissenting resident was concerned with continued pedestrian access. This concern has been addressed by the petitioners. RECOMMENDATION The proposed vacation does not adversely affect vehicular access, utilities, or emergency access. Staff recommends that the Planning Commission recommend approval of the vacation with the following stipulation: 1. The petitioners Timothy and Donnett Miller shall provide a hardsurface driveway by August 1, 1992. 2. The drainage and utility easement shall be modified to accommodate Minnegasco services as described in the letter dated April 30, 1991. SAV #91-02 ' Peterson/Miller r N .C . HOIUM AND ASSOCIATES , INC . LAND SURVEeC Telephon P. 0. BOX 33026-COON RAPIDS, MINN. 55133 421-782; 10731 MISSISSIPPI BLVD. N.kv. , BOON RAPIDS, MN c CERTIFICATE CTSURY -'V: JAMES PETinftSral p \ MEND \ .-- \ ---- .i iyGM�Nf -'�_ _____7)/01-14‘,0Y P o (11-I . UPC-'- '"E o ,. U ` Np% �A.°52 �� . , z5 1 . .....„-- , 0 0- is \------- .... " , z5 \/ 30 1 saco a o �b.� "co u� r cl/ a, i \ CA 74-i J+ o �;0 2z,3 , , / o vSl SCALE: \7./V., / v q) 6644-125 19 Va ,.c._ / // , 4(0. 7- A 5,2 ` \ Denotes \ \ 22 ; �' \ ?\ \0 2.5 \ 2p \ 26 \ 6„y� 030 lA° 52 1` 3O ' \1p.p . 5 Lots 19 , 20 , 21, and 22 , B1 RIVERVIEW HEIGHTS, Anoka County, Minnesota I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNC OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLI CROACHMENTS, IF ANY, FROM OR ON SAID LAND. AS SURVEYED BY ME THIS 22nd DAY OF February A.D. 19 90 N.C. HOIUM AND ASSOCI6.YEl, IN77 ' SITE PLAN SAV #91-02 '�►� r \ / ` ,.%kW..r.►'' ‘`.rev .' '\''' 14° . 0 a ei mil/ y. .N\ 0 0 00 * * , . Nis; x \ , lik \‘''. \\\:- i . I. 01. 'Ilt • ' \ 114\ \ '"' \ ‘'. 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( 0 --"''---------) sk. \ \ ...., . . . (\. \ ._ . .-. , k:___. - 0( _ „..„' : i \ \ ,, TOPOGRAPHY MAP tai CITYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450• FAX(612)571-1287 April 19, 1991 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a vacation, SAV #91-02, by James and Lynda Peterson and Timothy and Donnett Miller, to vacate the east 110 x 40 feet of Dover Street as measured from the east right-of-way line of Broad Avenue, subject to an easement for utility purposes over the southerly 20 feet of the portion of Dover Street to be vacated and a walkway easement over the northerly 10 feet of the southerly 20 feet of the portion of Dover Street to be vacated, generally located south of 591 Dover Street and north of 7995 Broad Avenue. Anyone who wishes to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, May 22, 1991 at the Fridley Municipal Center, 6431 University Avenue N.E. , at 7:30 p.m. DONALD BETZOLD CHAIRMAN PLANNING COMMISSION Planning 5/3/91 Council SAV #91-02 Peterson/Miller MAILING LIST James and Lynda Peterson Roger Geis 7995 Broad Avenue N.E. 520 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Timothy and Donnette Miller Walter Nelson 591 Dover Street N.E. 524 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Leo Caroon Dale Dickson 521 Dover Street N.E. 600 Ely Street N.E. Fridley, MN 55432 Fridley, MN 55432 Steve Jones Gerald Kostohryz 531 Dover Street N.E. 609 Cheryl Street N.E. Fridley, MN 55432 Fridley, MN 55432 Scott Painter Floyd Bradley 541 Dover Street N.E. 620 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 John Maloy Robert Rutherford 8051 Broad Avenue N.E. 610 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Richard Zeglen Janis Lowry 540 Ely Street N.E. 625 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Erwin Reynolds Andrew Ernst 530 Ely Street N.E. 631 Dover Street N.E. Fridley, MN 55432 Fridley, MN 55432 Roger Geis City Council Members 520 Dover Street N.E. Fridley, MN 55432 Planning Comm. Chair Irvin Lindstrom 540 Dover Street N.E. Fridley, MN 55432 Donald Copeland 7981 Broad Avenue N.E. Fridley, MN 55432 CITY OF FRIDLEY REZONING REQUEST ZOA _ 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 VACATION REQUEST SAV �� 012)571-3450 K PLATTING REQUEST P.S. REQUEST FEE / Li DO PARR FEE RECEIPT # 3 l u SCHEDULED PLANNIM COMMISSION MEETING DATE ZZ) 179 SCHEDULED CITY COUNCIL MEETING DATE PROPERTY INFORMATION PROPERTY ADDRESS -�� - LEGAL DESCRIPTION: (16 LOT BLOCR ZRACT/ADDITIDN R l V 61cvS E(V SHE t 4 i}TS A D DS✓ PRESENT ZONING REQUESTED ZONING REASON OR REQUEST: A site plan showing the proposed future use is required for all rezoning. V C-•Ac16 445T Ho 'c'f o f i1or's(Z , eASJP4V Puri c sr (t_lctfr of WAY LI fie of sk iri FINE ************************************************************************************ FEE OWNER INFORMATION �\ C rf-, o f Fft-1 q 1.-E Y PHONE # NAME (please print) ,,\` ADDRESS SIGNATURE DATE iNk&,_,11 PETITIONER INFORMATION \ J fart cs '7; € LY4vo s , Pe&zsaJ - 2.3 I NAME (please print) L,M) ONE # 'If?O S/14,4 7C c •git\.0kt ot-v E; P 03-30-1--Y-31,00 sr-00Sa736z re_iDLE1 - 46,57 QT ADDRESS .C.ql j1ov&R S7- f iN Ra/3-3e-zv-3/.-00- o-oSa7a3'7 frtrnL €-y/- l'br�RE-KS' SIGNATURE4a f� L0: . p ( �� ' DATE — ` �— q � ******** * * K- �** . * * * **************** *** *?**** ********* PLANNING COMMISSION : APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: • N. C. HOIUM & ASSOC., INC. Land 10731 Mississippi Blvd. N.W. (P.O. Box 33026) • Coon Rapids, MN 55433 Surveyors Ertl TELEPHONE (612) 421-7822 April 15, 1991 James Peterson 7995 Broad Street N.E. Fridley, MN 55432 Dear Mr. Peterson: The following is a suggested legal description for the vacation of Dover Street in the City of Fridley: All that part of Van Buren Street, now known as Dover Street in the plat of RIVERVIEW HEIGHTS according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minn- esota, lying Easterly of a line drawn from the North- westerly corner of Lot 19 , Block L to the Southwesterly corner of Lot 21, Block K and lying Westerly of a line drawn from the Northeast corner of Lot 22 , Block L to the Southeast corner of Lot 18, Block K, all in the plat of RIVERVIEW HEIGHTS. Subject to an easement for utility purposes over the Southerly twenty ( 20 ) feet of the portion of Dover Street to be vacated. Also subject to a walkway easement over the Northerly ten ( 10 ) feet of the Southerly twenty ( 20 ) feet of the portion of Dover Street to be vacated. Yours trul '1)- & N. C. Hoium RLS NCH:dh ?iiwnnegasco April 30, 1991 Donald Betzold Chairman, Planning Commission City of Fridley 6431 University Avenue N.E. Fridley, MN. 55432-4384 RE: Street vacation of Dover Street SAV #91-02 Dear Mr. Betzold: Minnegasco does have an existing gas main in that portion of Dover Street proposed to be vacated. Since this gas main is necessary to serve 591 Dover Street and 7995 Broad Avenue, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Please reserve an easement over the following described property: That part of Dover Street which lies 60.00 feet Easterly, measured at right angles, from the Easterly right-of-way line of Broad Avenue. The utility easement mentioned in your letter over the South 20.00 feet will not sufficiently protect Minnegasco's existing gas main and the legal description mentioned above will have to be included in the vacation document should it be passed. We may consider removing our objection should the petitioners wish to reimburse Minnegasco the cost of relocating the existing gas main and service lines. To discuss this and other options that may be available, please have the petitioner contact Rick Pilon, Senior Design Engineer at 342-5426. Thank you for the advance notice and please send me a copy of the final action on this proposed vacation. Sincerely, Steven Von Bargn Real Estate Specialist Minnegasco cc: R. J. Pilon, Minnegasco Ron Munson, Minnegasco 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440-1165 To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz : the first 110 feet of Dover Street immediately east of Broad Avenue . I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. w T V NAME NAM ADDRESS i icy/ - DATE • To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz : the first 110 feet of Dover Street immediately east of Broad Avenue. I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. NAME NAME 675 DO- e. ADDRESS DATE • To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast , Fridley, Minnesota, viz : the first 110 feet of Dover Street immediately east of Broad Avenue . I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. • NAME NAME ¢� 7t-e ,d) ADDRESS / - ? DATE To: Timothy and Donnett Miller James and Lynda Peterson • I/we have no objection to your proposal to ask the City of Fridley to vacate the 'public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz : the first 110 feet of Dover Street immediately east of Broad Avenue . I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. NAME NAME ADDRESS /// 3/Ve2/ DA E To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz : the first 110 feet of Dover Street immediately east of Broad Avenue . I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road . 9/777 Lam . -Lk NAME c.� NAME ADDRESS DATE �s� u.) / t /9 / • • • 1 4 A To: Timothy and Donnett Miller James and Lynda Peterson I/we have no objection to your proposal to ask the City of Fridley to vacate the public right of way called Dover Street which lies between your homes at 7995 Broad Avenue Northeast and 591 Dover Street Northeast, Fridley, Minnesota, viz : the first 110 feet of Dover Street immediately east of Broad Avenue . I/we realize that this would eliminate the possibility of Dover Street being developed as a through street from Broad Avenue to the East River Road. NAM NAME Soo DaJ--Z cST . /J . F'6 (ee, ADDRESS J 4/,1/q DATE • • • •