Loading...
HomeMy WebLinkAboutCCRes_75-25,- ~, , CITY OF FALCON HEIGHTS RESOLUTION 75-25 A RESOLUTION VACATING AN ALLEY, SUBJECT TO A UTILITY EASEMENT Pursuant to due call and notice thereof, a regular meet- ing of the City Council of the City of Falcon Heights, Min- nesota, was duly called and held at the City Hall in said City on the 11th day of September, 1975, at 8:00 p.m. The following members were present: Mayor Warkentien, members Black, Ecklund, Steele and Labalestra, and the follow- ing were absent: none. The meeting was held pursuant to resolution adopted August 14, 1975, calling a public hearing on the proposed alley vacation in said City, as more particularly described in the Notice of Public Hearing ordered at said regular meeting, a copy of which is attached hereto. The public hearing commenced at 8:30 p.m. The clerk presented affidavits showing the due publication and mailing of the Notice of Hearing and the Mayor announced that the Council would hear all persons who cared to be heard for or against the alley vacation as outlined in the • Notice of Hearing. All persons present were afforded an op- portunity to present their views and objections to the alley vacation, and no objections were presented. There is filed with the City a petition of all the property owners affected, requesting that the said alley be vacated. Member Steele introduced the following resolution and moved its adoption: A RESOLUTION VACATING AN ALLEY, SUBJECT TO UTILITY EASEMENT WHEREAS, after due Notice of Public Hearing on the vaca- ting of an alley in the City of Falcon Heights, Minnesota, hearing on said vacation was duly held and the Council heard all persons desiring to be heard on the matter and fully con- sidered the same; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota as follows: 1. All that part of the alley in Block 10, Northome 2nd Addition lying between an extension southward of the east line of Lot 7 to the northeast corner of Lot 6 and an exten- sion southward of the west line of Lot 12 to the northwest corner of Lot 1, is hereby vacated as a public alley. 2. There is hereby reserved to the City of Falcon Heights a utility easement 10 feet in width lying 5 feet on either side of the centerline of said alley as vacated. Said easement shall be for the purpose of maintaining, repairing and replacing existing utilities and placing new utilities, including a storm sewer, to service the area. 3. This vacation shall have no effect on other ease- ments or restrictions of record. The motion for the adoption of the foregoing resolu- tion was duly seconded by member Labalestra and upon a vote being taken thereon, the following voted in favor thereof: All, and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. ! ~ `? 1n~iTl~is C. A. War en ien Mayor Attest: • ewan B. Barnes Clerk-Administrator . ~` - OFFICIAL NOTICE CITY OF FALCON HEIGHTS NOTICE OF VACATION OF PUBLIC ALLEY Notice is hereby given that the City Council of the City of Falcon Heights, Minnesota, will meet at the Council. Chambers of the City Hall, 1644 West Larpenteur, Falcon Heights, Minnesota, at 8:30 pm. on Thursday, September Il, 1975, to consider the vacation of an alley, namely, that alley in Block 10, ivorthome %d Addition. between Gdest Idaho Avenue and West Iowa Avenue, and between Arona Street and that alley to the .East of Dots l-5, Block 9, Nor_thome 2nd Addition. This: hearing is held pursuant to a Petition of the majori_t~r of the o~,eners of land abutting on i_he above- described alley. The Council proposes to proceed under the authority granted by Minn Stat. g 412.85.1. Suc~~ persons as desire to be heard with r-c.fer- once to the proposed vacation will be heard at this meet- i_ng, written or oral objections will be considered. Dated this I4th day of August, 1975. i- ~~" ' ~ Dewan B. Barnes Clerk-Administrator P~IINUTES OF riEGU]~,AR CO'J~VCIL 1`iEETING FALCONriEIGHTS, MIMJESOTA SEPTE~~i3MR, 11, 19 `f'S A regular meetinf; of the Falcon Heights City Council was called to order by Mayor ~~larkentien at 8:0(~ p,m, Mayor Warkentin, Councilmen Ecklund, Black, Steele, and PRES~VT Labalestra. Also present were C1_erk-Administrator Barnes, Engineor Lemberg, and Attorney KenPfick, None. ABSEPJT Councilman Ecklund moved, seconded by Councilman Steele, to MINUTES OF approve tPya rr~inutes of August ~8, 1975, as corrected, Upon AUGUaP 28, a vote being taken, the foll,owir~; voted "aye" : Mayor 1975 tivarkenti.an, Councilmen Ecklund, Black, Steele, and Labalestra, and the foll_owir~ voted 1°na.y": None. Motion carried. Councilman Black reviewed tho request of Terry F, Nelson, 1375 lae~t Iowa. Av;;nua, for a variance allowing him to con- struct agarage within the 5 foot required setback. The Planning Commission recommended approval of the variance at their mee*,inl; of Septca:riber 10, 1975. Councilman Black read the minutes of that mea~ting. Bruce Seebeck, 810 South Lexington Parkway, Saint Paul, representir~; Fz.s mother; IVirs, Mildred Seebeck, 1381 West Iowa Avenue, spoke in opposition tc the proposed variance stating his met.,her f~;lt t°ne reason~~ presented f'or the variance were not ada~.~uate or necessary and treat the garage should be built with a 5 foot side,~ard setba^;c, Councilman Black read letters received from I~ir. Nelson and P•Zrs. Seebeck direct®d to th® Council concerniza~; their views and concerns regarding the proposed variance. VART~.NCE REQUEST TERRY F. NELSON 1375 WEST IOWA After further discussion d.urir~ which Councilman Black stated he .felt the ~o:ii,ng code was intended to protect neighbors rather than builders, tho following motion was made. Moved by Councilman Bl.aclc, seconder. by Councilman Ecklund to dark the variance request to construct a garage within the 5 foo~,satback at a distance of 3 .feet from th~a property line at 1375 West Iowa Avenue for Terry F, Y~Telson. q5 2 • Mayor Warkentien asked if there was anyone else present who NELSON wished to be heard on this matter. The applicant, Mr. Nelson, VARIANCE asked what the reason was for denial. Councilman Steel REQUEST replied that the Council had to decide what was in the best CONTINUED interest for all residents of the community. Mayor Warkentien noted that Mrs. Seebeck also had the right to object to the variance. Bruce Seebeck suggested a compromise by making the variance 4 feet. Discussion was held as to the possiblity of sharing driveways. Councilman Black withdrew the above motion to deny. Councilman Ecklund withdrew his second to the motion. In order that Mr. Nelson and Mr. Seebeck could discuss the matter further, action was deferred until later in the meeting. Mayor Warkentien opened the public hearing to consider the PUBLIC vacation of the alley located in Block 10, Northome 2nd HEARING Addition between West Idaho Avenue and West Iowa Avenue. VACATION OF Jim McGuire, 1529 Iowa Avenue spoke in favor of the vacation. ALLEY WEST Attorney Kenefick advised that a 10 foot utility easement be OF ARONA retained by the City. BETWEEN IOWA AND IDAHO Councilman Steele introduced the following Resolution and moved its adoption: RESOLUTION N0. 75-25 A RESOLUTION ORDERING THE VACATION OF THE ALLEY LOCATED IN BLOCK 10, NORTHOME 2ND ADDITION BETWEEN WEST IDAHO AVENUE AND WEST IOWA AVENUE, WITH THE RESERVATION OF A TEN (10) FOOT EASEMENT FOR UTILITIES Councilman Labalestra seconded the foregoing Resolution, and upon a vote being taken, the following voted "aye": Mayor Warkentien, Councilmen Black, Ecklund, Steele, and Labalestra, and the following voted "nay": None. Motion carried. RESOLUTION N0. 75-25 ORDERING VACATION OF AN ALLEY sT~TS of rsora ) COOHTY OF RANS~Y ) CITY' OP' $AIG©~ S$It~BTS ) I, the t~nderaLgned, bd~ the dn7,jr qualified Clerk- Adair~i.strstor of the Cit,~- of ~'mla4n Heights, Mi.tm, etota, hersb~r aertdtyr that I haws aare3`ollT oo~ared the attached and fordgoing extract of the doutaa of a regtitlar meeti.ny of the City Conrail of saa.d C3,tjr held sept~ber 11, 19?5, with the ori.~iaa1 thereof oa tilt im ~qr office sad the aaa~e is a fall, trae, sad ao~alats 'transoript..therl~fran. WIT~BSS ~[ $AND offiaial~ as auah Clerk-4~ei.~3s~ra~or ~d the corporate seal of the City of Falcon ~ei~ta.: ti~ia 25t8 daT of September, 1975. _. ;, _ Clerk A s for ~~ r% EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS, MINNESOTA HELD SEPTEMBER 11, 1975 AT 8:00 P.M. Pursuant to d_ue call and notice thereof, a regular meeting of the City Council of the City of Falcon Heights, Minnesota was duly called and held at the City Hall in said City on the 11th day of September, 1975, at 8:00 p.m. The following members were present: Mayor Warkentien, members Blaclc, Ecklund, Steele and Labalestra, and the following were absent: none. The meeting was held pursuant to resolution adopted August 14, 1975, calling a public hearing on the proposed alley vacation in said City, as more particularly described in the Notice of Public Hearing ordered at said regular meeting, a copy of which is attached hereto. The public hearing commenced at 8:30 p.m. The clerk presented affi- davits showing the .due publication and mailing of the Notice of Hearing and the Mayor announced that the Council would hear all persons who cared to be heard for or against the alley vacation as outlined in the Notice of Hearing. All persons present were afforded an opportunity to present their views and objections to the alley vacation,. and no objections were presented. There is filed with the City a petition of all the property owners affected, requesting that the said alley be vacated. Member Steele introduced the following resolution and moved i.ts adoption: A RESOLUTION VACATING AN ALLEY, SUBJECT TO UTILITY EASEMENT WHEREAS, after due Notice of Public Hearing on the vacating of an alley in the City of Falcon Heights, Minne- sota, hearing on said vacation was duly held and the Council heard all persons desiring to be heard on the matter and fully considered the same; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota as follows: 1. All that part of the alley in Block 10, Northome 2nd Addition lying between an extension southward of the east line of Lot 7 to the northeast corner of Lot 6 and an extension southward of the west line of Lot 12 to the north- west corner of Lot 1, is hereby vacated as a public alley. 2. There is hereby reserved to the City of Falcon Heights a utility easement 10 feet in width lying five feet on either side of the center line of said alley as vacated. Said easement shall be for the purpose of main- taining, repairing and replacing existing utilities and placing new utilities, including a storm sewer, to service the area. 3. This vacation shall have no effect on other easements or restrictions of record. The motion for the adoption of the foregoing resolution was duly seconded by member Labalestra and upon a vote being taken thereon, the following voted in favor thereof: All, and the following voted against the same: None. Whereupon said resolution was declared duly passed and adopted. r { STATE OF MINNESOTA COUNTY OF I2AMSEY CITY OF FALCON HEIGHTS I, the undersigned, being the duly qualified and acting Clerk-Administrator of the City of Falcon Heights, Minnesota, do hereby certify that I have care- fully compared the attached and foregoing extract of minutes with the original minutes of the meeting of the City Council held on the date therein indicated, which are on file and of record in my office, and the same is • a true, full and complete transcript thereof, insofar as the same relates to a resolution vacating an alley, subject to a utility easement. Witness my hand as such Clerk-Administrator and the official seal of the City of Falcon Heights this ~-~~=~ day of October, 1975. ~ i ~ :~ ,> , ,- ' Dewan B. Barnes Clerk-Administrator