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SAV93-01 �� CITY OF FRIDLEY p 6431 UNIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT � ; VACATION APPLICATION FORM � PROPERTY INFORMATION - site plan required for submittal; see attached Address: �_''� ��Z �"��b ��__ �C� ,� P�j�D� . YYl/� SS '-f 3 Z Property Identification Number(PIN) (�1� - � - Z� -��Z_ - a��k� � Legal description: �t 1�3 ,Q��a �_ � ,,� . � ����,���iA-� Lot � 3 Block Z Tract/Addition E� Lega1 description of easement to be vacated: � �,� �l�o�r. �.'��a�s���' ��c,�e Current zoning: 1�- I Square footagelacreage�ZS ?C 3C�"j, � S Reason for vacation� � ,�,� ��,,�;,s.�.�,Op� �� _�����.�v�.n,� Have you operated a business 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 ��c��� R�t� �c�.�.�e,�t- � ��[� "��TRE��`SLhi�IAR��, ADDRESS_ �3�Z Co�-I�' 'R��. Y1�. ��� �-- `` DAYTIME PHONE 5 �Z.'��) aS SIG TURE '` , DATE 3/Z , 9 3 PETITI R I F R TI NAME '(�P�� � S c�k�fl�t�_, � ADDRESS �"��7�Z Ca �� {�� �� �.- S5� DA E PHONE��Z= �Z�1 Q� SIGNATURE t- DATE �3�Z� `� � Fee: $150.00 /S� `'`� ; Permit SAV# ' � # •�'�'�— Application received by: Scheduled Planning Commission date: � Scheduled Ciry Council date: 4K i CITY OT lRIDLEY PL7121 REt/IEIf CHECICLSST B. Site Plan: � Applicants for vacations must submit the leqal description of the parcel (easement, atreet, etc.) to be vacated. 1. Property line:dimensions, location o! all existing and proposed atructures with distance from boundaries, Complete eite plans, siqned by a registered architect, civil distance between structures, building dimensions and engineer, landacape architect, or other desiqn professional, to floor elevations include tha following: A. General: 2. Gradinq and drainage plan ehowinq existinq natural features (topography, wetlands, veqetation, etc.) as well as proposed qrade elevations and sedimentation and storm 1. Name and address of project aater retention ponds. Calculations for storm water 2. i,egal description (certificata ot survey may be required) detention/retention areas. 3. Name, address, and telephone number of a licant �• All existinq and proposed points o! aqreas/ingress pP , showinq widths of property lines, turninq radii abuttinq engineer, and owner of record riqhts-of-vay vith indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 5. Description of intended uae of site buildin s and 4. Vehicular circulation system showinq location and � 9 � dimensions for all driveways, parkinq spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading areas, fire lanes, occupancy load emergency access (if necessary), public and private atreets, alleys, sidevalks, bike paths, direction of 6. Existing zoninq and land use traffic flow, and traffic-control devices 7. Tabulation box indicatinq: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screeninq detail of trash enclosures (ii) Gross floor area of buildinqs 7. Location and ecreeninq detail oP rooftop equipment . (iii) Percent of site covered by building e. euildinq elevationa from all directions (iv) Percent of eita covered by impervious surface 9. Utility plan identifyinq Bize and direction o! existinq (v) Percent of site covered by green area water and sewer lines, fire hydrants, dlstance of (vi) Projected number of employees hydrant to proposed buildinq (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories . CITY OF FRIDLEY p " 6431 LINIVERSITY AVENUE N.E. � FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VACATION APPLICATION FORM PROPERTY INFORMATION - site plan re�uired for submittal; see attached Address: �� 5 �� �h K � �� ` v � Property Identification Number(PIN) �,\ 3 (,,.'� �� �c� �C��C�___ � Legal description: JT� �l�'�•( C_a s�w•��� -'r �3 f t��1� �3 a�'In d1�� Lot /,J� Block_�_ Trac�Addition ' `� Lega1 description of easement to be vacated: ,5�t�-���\���v �o� - ASi�w��.��. �3 �cr� 1��.1,v Current zoning: � Square footage/acreage • �.v E Cr:�.� �,� 5 � A s G w��.�,-�-� ie..i-. , '! != t'� `a=,.sw�- Reason for vacation: u,�,�.�d �; ��- �o s�i� A�� .�..�� NIARIz-�e��'�A� Have you operated a business in a city which required a business license? � Yes No�_ If yes,which city? If yes,what rype of business? Was that license ever denied or revoked? Yes No - ��EE OWNER INFORMATION (as it appears on the property title) (Contract Purchasers: Fee Owners must sign this form prior to processing) NAME L.A� I,h��-. C-L1 I�v��'� � (0' � � ADDRESS C� � l� 1 - - � � �. S � DA PHONE S7a- 3g � SIGNATURE �� � , . DATE � - P���J � PETITIONER INFORMATION > NAME FR�v� �1 -H lO A�\; i. �A �!� ►� �0 � ADDRESS l�.5�, G Y �' ��� /�/,� _ DA �PHONE �� �.3g T C� SIGNATURE � � � -. ` DATE � ��" g� Fee: $150.00 I SJ.Oo C.�1�P.G�9 P� � J�U�`�3�/ £ Permit SAV# Receipt# �� �3 ` Application received by: �' Scheduled Planning Commission date: � � �8 �`�`�'-� Scheduled City Council date: 4J CITY OD lRIOLEY PL11N RBpIL» CHBCELIBT e. Site Plan: Applicants Por vacations aust submit the leqal description of the parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location oP all existing and Com lete site proposed structurea with dietance from boundaries, P plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other desiqn professional, to floor elevations include the followinq: A. General: 2• Gradinq and drainaqe plan showinq existinq natural features (topography, wetlands, veqetation, etc.) as well as proposed qrade elevations and sedimentation and storm 1. Name and addresa of project water retention ponds. Calculations for Btorm water detention/retention areas. 2. Leqal description (certificate of survey may be required) 3. All exiatinq pnd proposed points of eqresa/ingress 3. Name, address, and telephone number of applicant, shor►inq vidths of property lines, turning radii abuttinq enqineer, and owner of record riqhts-of-way,with indicated center line, pavinq vidth, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and dm,iveways of drawer 4. Vehicvlar circulation ayatem shoainq lxation and 5. Description of intended use of site, buildinqs, and dimensions for all drivevays, parkinq spaces, parkinq lot structures including type of occupancy and estimated aisles, service roads, loadinq' areas, fire lanes, occupancy load emerqency access (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoning and land use traffic llow, and traffic-control devices 7. Tabulation box indicatinq: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail o! trash enclosures (ii) Gross floor area of buildinqs 7. Location and screeninq detail of rooftop equipment . (iii) Percent of site covered by building 8. Buildinq elevations from all directiona (iv) Percent of site covered by impervious surface 9. Utility plan identifyinq eize and direction of existinq (v) Percent of site covered by qreen area water and sewer lines, fire hydrants, distance of hydrant to proposed buildinq (vi) Projected number of employees (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parkinq spaces required (ix) Number of parking spaces provided including handicapped (x) Heiqht of all buildings and structures and number of stories CtTY OF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612>571-3450• FAX (612) 571-12H7 March 26, 1993 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a vacation request, SAV #93-01, by Mark and Jean Schwartz, to vacate the East 8 feet of the alley adjacent to the West lot line of Lot 13 , Block 2, Spring Valley Addition, generally located at 1372 - 64th Avenue N.E. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, April 14, 1993 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7: 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 571- 3450. 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 April 7, 1993 . DAVID NEWMAN CHAIR PLANNING COMMISSION City of Fridley PUBLIC HEARtNO BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley Cky Council at the Fridley Munlcipai Center,6437 Universily Avenue N.E.on Monday,May 17.1983 a17:3U P•m forihe purpose of: Consideratfon o}a vecatbn request,SAV M93-01, by Mark&Jean Schwartz and Frank�Vallie Labandz,to vacate the entire alley located betwaen Lots 13 and the East 118 feet of Lots 15 and 16, 81ock 2,Spring Valley AddHlon,generally loceted between 1356 and 1372-64th Avenue N.E. Hearing impaired persons planning to attend who need an intarpreter or other persons wilh disabilitfes who require auxiliary afds should contact Roberta Collins at 572-3500 no later than May 10,1983. Any and all persons desiring to be heard shall be given en opportunity at the above stated time and . place. Any queslions related to thfs item may be� ' �referred to the Fridley Community Development DepaAment at 571-3450. WILLIAM J.NEE MAYOR (May 4,11,1983)Frkley Focus City of Fridiey ORDINANCE NO.1014 AN ORDINANCE UNDEH SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE qTY CODE The City Council ot the CAy ot Fr'dley does her� by ordaln as tollows: . SECTION 1. To vacate all of the alley and street easement described as follows: A. The East 8 feet ot the i6 foot alley in Block 2,Spring Valley Addition lying between the westerly extension ot the noRh and south lines of Lot 13,Block 2,Spring Valley Additbn.� B. The West 8 teet of the 16 foot alley in Block 2,Spring Valley Addition lying between the eastery extension ot the south line of Lot 16 and lhe easterly exlension of the north line ot Loi 15,Block 2,Spring Valley Add'Aion. C. The Eesl 5 teet of Lots 15 and 16,Block �2,Spring Valley Addition. All lying in the South HaH ot Saction 13,T-30,R- 24,City ot Fridley,County of Anoka,Minnesota. Be and is hereby vacated,except that the City of Fridley reserves an easement for drainage and utility purposes over the alley herein described and vacal- ed. SECTION 2..The said vawtion has been made in contormance with Minnesota Statutes and pur- suant to Section 12.07 of the City Charter and APPASSED AND AIDOPTED BY THE CITY COUN- �CIL OF THE CITY OF FRIDLEY THIS 21ST DAY OF JUNE,1993. WILLIAM J.NEE-MAYOR ATTEST: WILLIAM A.CHAMPA•CITY CLERK Public Hearing: May 17,1993 Fksl Reading: June 7.1993 Second Reading: June 21.1993 (June 29,1993)Fridkv Focus SAV ��93-01 Mark and Jean Schwartz Frank an z S �/2 ��"C. /�3, 7: 30, l� 24 C/TY OF FR/OL EY 14 � �3 I EMre � 1 L-J�J� J L-�E��.� � .. , _sa. . � U L� � �,��R��'i . +„ i�-�+n- ���... 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ZZ .x �,CM �� 1 i 4 = I . • '�.`s�,' . , . . ,. . ... ' ni .v. � il. e�. ..�...._.�. : �. __ _., i..•ri.s �.�l ' _. . . S _. ..._ �� � �n s� H/ L r ;_.�, �:....�� S ./3 6�l 34 43 24 . 4E LOCATION MAP Frank & Vallie Labandz Planning 3/26/93 Mark and Jean Schwartz SAV ��93-01 MAILING LIST Council 4/30/93 Mark and Jean Schwartz Michael Hausker 1372 - 64th Avenue N.E. 1385 - 64th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Leroy Tovsen Dennis Edwards 1356 - 64th Avenue N.E. 1403 - 64th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 Glenn Pilarski Joseph Nelson 5100 Eden Avenue South 1357 - 64th Avenue N.E. Minneapolis, MN 55436 Fridley, MN 55432 Current Resident John Rau 1315 Rice Creek Road N.E. 1341 - 64th Avenue N.E. Fridley, MN 55432 Fridley, MN 55432 JSC Marketing Inc. Planning Comm. Chair 1630 Highway 10 N.E. ` Spring Lake Park, MN 55432 City Council Members Lavonne Kowski (Added 4/ 15/93 with Labandz request) 6391 Central Avenue N.E. Fridley, MN 55432 Mark Mattison 6421 Central Avenue N.E. Frank Labandz Fridley, MN 55432 1356 - 64th Avenue N.E. Fridley, MN 55432 Bob Calderom 6401 Central Avenue N.E. Sharyn Ramsey Fridley, MN 55432 1340 - 64th Avenue N.E. Fridley, MN 55432 Current Resident �381 Central Avenue N.E. ridley, MN 55432 David Zerby 1400 - 64th Avenue N.E. Fridley, MN 55432 Stanley Dahlberg 1384 - 64th Avenue N.E. Fridley, MN 55432 Ernest Klar 1373 - 64th Avenue N.E. Fridley, MN 55432 2N � � � � ' - c�' ��' - --� =�z � `� � ,� � � �— � � � z� ��� i; -�- - � ��2� �- •r _ . � G�- � �� � � �� � ,P����-t-�- ��-�- � � � ' --- ZC� c�-e- �� � � � �� . �.��- z . _� -�z � �, � 1.��� ' . �. G-�� � s .� � � _ � � �� ______ [ � � ��.,� � �� �� . G�� �� � - - �,�., �- � . . �� r V �� ___ . �� � �� ��� _ L';� c!'��� ��� / .�:�- _ _ - G �'�+',�-� � � �� • . �� `� �D� ��. � � �- � �- �� ��� F � � - � s �- � ` � i /i���/� ��� � � _ � , t- � � _ . -�- �, we.� . - � r ^ . � � � � . � - � � �-f ,,� �-- � .��:��' � �'� s � �� � _ S " �-�,� �� �-�-� __ ' � �-� ._ ��- �,�� � �� _ . �� � � S� � v � ��r� � � � . L �, � C� o� _ � �- � . 1,�-�- `Y� � � �.n� �' � w� . � � C-�- ���� � . _ -�-- � � . . � MEMORANDUM TO: Barb Dacy, Community Development Director PW93-151 FROM: John G. FlorarPublic Works Director DATE: April 23, 1993 SU6,IECT: Vacation Request SAV 93-01 In reviewing the Planning Commission items for their Wednesday, April 28, meeting, I noticed that there is a vacation request for what is defined as an alley located between Lot 13 and 15 and 16, Block 2, Spring Valley Addition. This "alley" has been viewed as a street, for planning purposes. We have looked at a street being constructed from Mississippi Street to Rice Creek Road down the alignment of the right-of- ways that had been platted. Within this right-of-way, we have proposed to construct a storm system which would handle the water coming from the Creek Ridge Park area and convey water into the Harris Pond ditch. It has also been the Council's policy in the past that alleys would not be vacated unless 100°� of the abutting properties of an alley opted for the vacation or the construction. Because of the options that the existing right-of-way provides the City for future services and accessibility, and because of the inconsistency of the request of this petition, I would recommend that the vacation request be denied. JG F:cz ' C17YOF 2J F�°� CITY OF FRIL�L,EY VACATION R�tJF�ST NOTICE Date: '1�t l�, Dear Util ity Compariy: The City of Fridley currently has a Vacation request, SAV #. �3—Dl , to � �1 b-e�{w l�st� 2- . Please indicate whether or not you have a problen with this vacation rsquest. Zhe utility oom�riy 11as no problen with this request. Sic�-iea Com�r�y ��x ____��__ Zhe utility oompany cbes have a problen with this request for the follaaing reasons: U S West Communications currently has buried ca61e in the alley easement, parallel to a power, CATV p�le line. We wish to maintain that easement so that we may continue to provide communication services to that area. �� ^� ,.� �.,�.�� ;y� �t��U S West Communications _4/23/93 Sicy-ied / Com�rYy Ik�te . � CITY OF FRIIaLEY VACATION RD�[JF�T NOTICE Date: �2l Dear Util ity Comparry: The City of Fridley currently has a Vacation request, SAV #. �-01�, to ya.r.�-� � -�'e.�- c-� a�._. lD�.________�e.�w�,✓► �sce �. «�2- � � � . Please indicate whether or not you have a problen with this vacation request. . �he utility oom�riy has no probl� with this request. Sicmed C�mnariy Date /� Zhe utility wmpariy does have a problen with this request fo the follaaing reasons: � rtn-� � � � �� �� �� � � �u ,�...�.�_ �� ,� /� . _ �,.��'� . ���� ��� i�� ��; ��-�-- �— -� __--��,�.��� ����. - ., �c�:__.�`���� �� - t�� u.,�;�.-:� �te CITY OF FRIDLEY VACATION Rq2[lEST NO�i'ICE Date: 'fi� � Dear Util ity Compariy: The City of Fridley currently has a Vacation r�uest, SAV #. �3-,Dl , to ' a� lo (�Iw J s' �L [ � Please indicate whether or not you have a problen with this vacation request. _ �e utility oomp�ny has no problgn with this request. Sig�.�3 ,r.,^,:r,�rtt� �te �-�� Zhe utility wmpany does have a problen with this request for the follaving reasons: �'Y�' .�i�-v�� � t�, sT, �- �.�c ���"�t-�� :�t�3c �Z �t/�. ��t�lrri6�,� Svc�:i�` ---����r/ � �tSi ,��i�i�r//� i3�,,z � y �'�i�� ������ _ _�.���..�,''f >�z ���� " � �->�-S� Sic�ed C�m�ny � l ~ � Ik�te � � COMMISSION APPLICATION REVIEW � FILE NUMBER FILE DATE MEETING DATE FILE DESCRIPTION SAV ��93-0 1 C�N QF I1 3/26/93 4/ 14/93 Mark and Jean Schwartz & Frank/Vallie L a�. FRIDLEY j 1372 - 64th Avenue N.E. COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ' COMMENTS ARB D. _�s c��(e�e.� (�MICHELE M. ��uQ�� � f� c/�:i;t/ G'c..sr.�ic�� �.,%/ /�cccl fo �iN .,;c.,,,�c, r �a,�� SCOTTE■ I 7'vr 1���f ac:r�."�a.- SC6,iC/ I�c �Lic���.-..� fr'�,�v,� J� _ -2, -� � fh,.� /��e�,on y 5 S�e .-�,���s l�ar�' 1 �., /`��.� r,�� �,.�� 4 ��.f� � � �r�� �J � e�t � s � (�.; JOHN F.� ! j , oV� c / c�� yG �°':.c r� �T' p4rVrG�. -�� /�i�a✓ �=y�`fcr�/ c t0�. f �-fi� !�-t�✓ -�.-. 6 � ''��L�i� �'�i r/ �/� �rz--� � /�-c�✓ /✓ riS�.lo � CLYDE W. � r���: ,���� � �� � ��� �:�.���� �r��� �0. .�.�.����-� � -Z� - /4`•T �dl�h`��✓� ��/- !✓ /� �_.� �f���� � LYDE M. ��T�-,w �T��,�. �5���. o���� �,�;,,�c � u����� C��'J, �� ��L�y �a�; ✓,��.�y �-�- uor�� _ , .�- :�Eorv nn. � --�;� JI ,H. 3'� , CHUCK M.��� � ►�.�,���-� t�.��.A� . . � . - . . . . . . . . .. � . ,�C=�'�'��'� i/lflt � .�. ���� �I.G.i.1.1 .. � � :::.�`����� �i�i���w � mo � , , • � '::::i��� . ii::� ��•��i��_� ���� ■ �0�'lilt I. : : ■s.■,�,�� u�� . �.�0 ■��� �... ■.■■'���� �■■. � � e:::���+� . �::: - �0• , � .... �... . :. iiii„�� iiiir. 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SAV 4�93-01 Mark and Jean Schwartz _ _ -. _-- - -- �_.-Ex���C_an� ��a�i ;.�Lab�n z _ ___ _____ , -- /�5 � - ��!�1..`v_� t 15 and Actual Foundation -� �• � t 16 - Location y Addition • ., i 6 4 TH _ AV E. N. E. - , , .t - � �� � ., 5 � � 80 I 14 l�0 � # I3�?� � 4' � - ; 15� 25';' y'�j,�,:f, � � I � FOUND. M AS M . `�� CONST. O : N 14� '- 23 4 — 26�3Tt. ----•- ! � � . � . t`"� • �' r S� � , N _ - ._ ._;,,- ---_`-_----_ __ --_M_ _ _ . _ _ _._ . ___ _,-- ----' _ . 6 �����.. N 80 I14 I19 / � � N � � V� N � - � 335.88 i I � ' /4 I;I /8 N i � � , � _...�.. .:...... .. .N 41 SITE PLAN SAV ��93-01 . 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I � . i I � � �� I ' W �I A3 2ASB I • , Q ,�o� 3 as ' �`h Z�S B t.�4 AS A2 ._ ._..._ _.— -�o-- ------ • 6� e'. + • 13 I 5 A6 Z k ,.� Q `�r� 1317 1319 l321 ` � ji �. ` �BN.i 6 1 'd '--� �� �S�o� � 1329 T. 1419 �` �J 1425 " 0 . �63� 4.A��4A�':�. 4 4L�S�4 � A�-��"`�41�ASg 2 ASN 0 zAs �/o A5 4 S6 ►lo A-. �Sgr; -�...��, _ _...—_ — -... _ ..- — —... _ _ .-.� ---��-----�---- - - i�s -- - , �''�bAl..6 14�•.. � 0 �g Is S3 4�D�' R I CE " s . � �, o . C O. �� _.,. �O C�_J� O �/O�SND � •P. � � d F� � 2ccA�, , N 15 � � iaoo _ r ,m i43o I � 9 � `� " ° `� � � � 1J � J � - �Q V � �, -- -- � .M �� �� s s � �._.' .- F3 � � - 1420 •�0, `r'J � 5 ��� I � �/Kg N� ►3�o Q 1 �o ^ N u � j_ • � � � �N d �' � � J . . � � �, _ �. I� � r PLANNING COMMISSION MEETING, APRIL 14, 1993 PAGE 13 They were each assigned an individual PIN number. In 1988, Lots 28 and 29 were combined into a single tax parcel. Also, at that time, Lots 30 and 31 had been a single tax parcel with a sir�gle PIN number. It wasn't until 1990 when the two sets of parq�ls were actually combined into one parcel. Mr. Miller stated D & N Federal Savings Bank took,ithe mortgage prior to any combination. Ms. Lynette Jarvi, 240 Longfellow Street, ; stated they are interested in Lot 28. Ms. McPherson stated she would provide the �fiecessary information to Ms. Jarvi. ' Ms. Dacy stated the Commission has two options: (1) to recommend approval of the lot split subject to �,ot 28 being combined with the property at 240 Longfellow Street and successful conveyance. This option would move the application on to Council; (2) to either approve or deny the lot split as is, separate from any other property owner action. Mr. Newman stated he has some fairly strong feelings about this. He believed that from a legal point standpoint, the bank has done everything properly. One of the tenets of real estate law is that once the first party records its interest, it gets priority over anything that happens aft¢rward. The City is trying to implement good planning policy, but he has grave concerns about preventing the lots split. As a general practice, he can see the real estate community becoming quite upset if the City denies this. When the bank files a mortgage, it cannot later convey title, because it is bound by decisions after the fact for which it had no input. The Bank had no contro�' over the decisions made to combine the parcel. Mr. Newman stated� he is also concerned because the house is vacant. A vacant house creates a potential problem for the lender and also for the neigh�ors. There is nothing the City can do that will address all t��ie concerns, but in some ways the problems are ones the City has; created and not the bank, and he believed the City has to address ,�he Bank's concerns. Hopefully, at some point in time, everyone c�n get together and solve some of the problems. Ms. Modig stated she agreed that the Commission has to take some action now. Mr. Qquist also agreed. He stated it is not the fault of the peti�ioner or the property owners that this lot was created. Th�ty foot lots were acceptable at one time. The City has had to de, l with them in the past, and the City is going to have to deal with this one. He believed the lot split should be approved. If the Commission does not approve the lot split, nothing happens and _T...._.._ _ _ _ __. _ � ........ PLANNING COMMISSION MEETING, APRIL 14, 1993 PAGE 14 that is worse than getting things organized so things can move forward. MOTION by Mr. Oquist, seconded by Mr. Oquist, to recommend to City Council approval of lot split, L.S. #93-03, by Michael Oberle for D & N Federal Savings Bank: To create two separate parcels, Parcel 1 and Parcel 2, described as follows: Parcel 1: Lots 29, 30, a�td 31, Block 3, Spring Brook Park, Anoka County, Mir�x'esota, and together with the North Half of the vaca d alley adjacent to said Lots 29 and 30, Block 3, S ing Brook Park, lying between the Southerly extensi s of the East line of said Lot 29 and the West line said Lot 30, in said Block 3, Spring Brook Park, oka County, Minnesota Parcel 2 • Lot 28, Block 3 , Spring Brook Park, Anoka County� Minnesota This pr�rty is generally located at 260 Longfellow Street N.E. �� , UPON A �OICE, VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTIQI�( CARRIED UNANIMOUSLY. � I��. McPherson stated this item will go to the City Council on May 3 , 1993 . 4 . VACATION REOUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ: To vacate the East 8 feet of the alley adjacent to the West lot line of Lot 13, Block 2 , Spring Valley Addition, generally located at 1372 - 64th Avenue N.E. Ms. McPherson stated the petitioners request that a vacation be approved to vacate the east eight feet of the alley located directly adjacent to their property. The property is zoned R-1, Single Family Dwelling. There is additional R-1 zoning to the east and south, and there is R-1 and C-1, Local Business, to the west. Ms. McPherson stated that between the Schwartz ' property and the Labandz ' property at 1356 - 64th Avenue, there is a 16 foot easement for an alley which extends from 64th Avenue on the north to Rice Creek Road on the south. The petitioners are requesting that the 300 foot by 8 foot alley. easement be vacated. There are utilities located in the alley easement. Ms. McPherson stated the alley was originally platted with the Spring Valley Addition and could provide a means of access to the rear of these properties in this general vicinity should a road in an east/west direction be constructed along the rear property lines 2K .t ,�t ,�' PLANNING COMMISSION MEETING, APRIL 14. 1993 PAGE 15 to the east. If the alley is vacated and a street and utility easement is not maintained over the vacated alley, this would potentially limit the number of options for a future subdivision in this particular neighborhood. Staff is requesting that this type of easement be maintained over the vacated portion of the alley. A utility easement would also need to be maintained. Ms. McPherson stated that after the petitioners applied for the vacation request, the Labandz ' , the neighbors to the west, also applied for a vacation request to vacate the west half of the alley easement. Staff has contacted both petitioners to see if a joint vacation request could be processed at one time, thereby vacating the entire all�ey. Ms. McPherson stated staff is recommending the Commission recommend approval of the vacation request with two stipulations at a minimum: l. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold-harmless agreement provided by the City. Mr. Mark SchWartz stated that this alley was platted 52 years ago, and it has never been used as an alley and probably never will. He stated he has lived here 7 1/2 years, and the alley was never maintained before he moved there. He has put a lot of money into seed and dirt to make it look like part of the neighborhood. Yet, because it is not vacated, he cannot use the alley the way he wants to use it. He stated he realized a utility easement has to be maintained. He was not sure whether the street easement is needed and would prefer to see the street easement not part of the stipulations. Mr. Schwartz stated that if all the neighbors on the block decided to split the backs of their lots to create another block, he would suggest bringing a street down the middle and curving it out to Rice Creek Road. The City would not have to acquire any additional property. He stated his house sits approximately 20 feet off the alley, so he did not know how much closer the City could come to his home to acquire enough property for a street. Mr. Frank Labandz stated he did not want to see any street there because the children play in that area. A street would be a bad idea. Ms. Dacy asked Mr. Labandz if they are interested in vacating the west half of the alley. Mr. Labandz stated, yes, they filed for a vacation on Monday, April 19 . 2L �.�l�I�r�.'�.�nn.�n.tnn. �.�.���... .... . .....�.... ..... .c�-�-^�—.mc��'c.T.S'S(��STSa.�M.isl.(`i��1�.�....�. ...�... .�.�. ...... .... ......>,................................ ..... ... . . ..... . ....... . ...... . . ... +a*� � � PLANNING COMMISSION MEETING, APRIL 14. 1993 PAGE 16 Ms. Dacy stated that if the Schwartz ' are willing, the vacation application for the west half of the alley could be heard at the April 28th Planning Commission meeting. Then, both applications could be combined with one ordinance going to the Council for the same alley. Mr. Schwartz stated that if both the vacations can be done at the same time, that would be great. Ms. Modig stated she is a little concerned about the stipulation for a street easement. Mr. Sielaff stated he would like to see that part of the stipulation deleted. Mr. Saba agreed. He did not think it very likely that a street would ever be built there. Mr. Oquist stated he also would agree to the elimination of the street ease7nent from the stipulations. Mr. Newman stated he would be inclined to keep the street easement as part of the stipulations. This area has had a variety of applicationa over the years, and it is also a unique area because of the high water table. Even though he cannot visualize how the easement would be used, he has seen examples in the past where leaving a street easement has been a benefit. There are not many buildable sites left in Fridley, and it allows the City to keep its options open. MOTION by Ms. Modig, seconded by Mr. Saba, to table action on SAV #93-01 by Mark and Jean Schwartz until the next Planning Commission meeting when Mr. and Mrs. Labandz ' vacation application will be heard. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE MARCH 1 1993 PARKS & RECREATION COMMISSION MINUTES: /" MOTION by Mr. Oquist, seconded by Ms. Modi o receive the March l, 1993 , Parks & Recreation Commission � utes. UPON A VOICE VOTE� ALL VOTING AYE HAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. OTHER BUSINESS: a. Meeting w' City Council __._...." . . ..,.�,...�:, :...-...... . :..,.,.,.. ... .._....................v....�n...�.�.w�.�...�.>.....�...�.�.).........�...�. �.�.w..�.�.�.�......� . � e.�f..�.rw�.t.h�n25lt.�.�a..4Z525z114_\1fl..:S25.,Z!iSi.� t � PLANNING COMMISSION MEETING, APRIL 28. 1993 PAGE 3 Mr. Carlson stated the dust is not from the piles. The dust is off the property. Equipment comes in and drops more dirt, and that is where the dust is coming from. There are a couple of alternatives to minimize the dust. They cannot blacktop the yard because they are running crawler tractors around. They could concrete the entire yard, but the cost would be prohibitive. They c,�uld also water the yard. ;�� i Mr. Carlson stated he had asked Mr. Bishop to /call Michele McPherson to tell her of their discussion so it cou]� get on record before the Planning Commission so the City knows/Mr. Carlson was willing to meet with him, discuss the problem, ��id try to correct it. Apparently, he did not leave that message�'iith Ms. McPherson. � Ms. McPherson stated she did receive a t iephone call from Mr. Bishop; however, she was not available at�the time he called and did not personally speak with him. She w� unable to contact again before the meeting. She stated she w',11 contact him and verify his conversation with Mr. Carlson be re the Council meeting on Monday, May 3. Mr. Kondrick stated it seemed t at the main concern of Park Construction was the blowing dus rather than noise. Mr. Carlson stated he can unde�'stand that, because there is a lot of dust. He is willing to w k with City staff to find a way to correct the dust problem. T ey do have a planting area with trees and shrubs and screened fen around three sides of their property. As of yet, not all the roperty along the Burlington Northern tracks is owned by Park. ; When they can purchase these last lots, they intend to put a scr�ened fence all around their property which would also help the du t blowing out of the yard. MOTION by Mr. Saba, econded by Mr. Oquist, to recommend to City Council approval of an extension of a special use permit, SP #82- 12, by Park Constr ction Company, per Section 205.19.02.C.2 of the Fridley City Cod , to allow rock crushing activities to continue until May of 19 5 on the West 1/2 of the Northeast 1/4 of the Southeast 1/4 o Section 3, Township 30, Range 24, except the South 500 feet there f, generally located at 7900 Beech Street N.E. , with the followin stipulations: 1. ecial Use Permit, SP #82-12, granted only for the eriod from June 1, 1993, to May 31, 1995. If there have been no rock crushing operations during that time, staff shall be allowed to extend the permit for another two year period. If there have been crushing operations, the permit shall be brought before the City Council prior to May 31, 1995. 2. The City shall be allowed to dump their waste concrete material at this site at no cost. .-.�.:..s.-�:�.-�.-.-�,,,..a..,.��.�..n.�.....v....n.r�..r.:r.-c�r:r:-7CT .. . . .,,... ........ ......... . .S:t:�:<::::i;:i,.,,........:y:...,'�:i;i{2i.�...,, ......,.....,.. .,7......,.,...>5:i2i:i:i.2iti:iii3:;:�i:.i$i�:i.i:s�i ♦ f PLANNING COMMISSION MEETING, APRIL 28, 1993 PAGE 4 3 . Park Construction shall take the necessary steps to ensure that the City and State noise, dust, and environmental limits are not e�ceeded. �, 4. The rock crusher, gener�6Jrs, and stockpiles shall be located as far nort�Y''and east on the property as possible. 'l 5. The same stapd"ards regarding run-off shall be applied to this sit�''�as applied in the Rice Creek Watershed area. 6. Par �Construction shall submit a letter to City staff arizing Park Construction's management plan for addressing noise and dust complaints. UPO A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MdTION CARRIED UNANIMOUSLY. 2 . (TABLED 4/14/93) VACATION RE4UEST, SAV #93-01. BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ: To vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2 , Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E. MOTION by Mr. Kondrick, seconded by Mr. Saba, to remove the item from the table. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED IINANIMOUSLY. Ms. McPherson stated the original vacation request was to vacate the east 8 feet of the alley by Mr. and Mrs. Schwartz. Subsequent to their application for the alley vacation, Mr. and Mrs. Labandz also filed a vacation request for the west 8 feet of the same alley. The two requests have been combined into one request and will be proceeding to Council as one request. Ms. McPherson stated the vacation request is now to vacate the 16 foot alley located between the two properties addressed as 1356 and 1372 - 64th Avenue. The Schwartz' portion of the alley vacation will be slightly longer as they have approximately 60 feet more depth to their lot than the Labandz' . Ms. McPherson stated utilities, including a sanitary sewer line, underground telephone lines, and overhead utility lines, are located in the alley. NSP has requested that an easement be maintained over the vacated alley. Ms. McPherson stated that at the last meeting, they discussed the possibility of future subdivision in this particular neighborhood �" ~a PLANNING COMMISSION MEETING, APRIL 28. 1993 PAGE 5 which would possibly connect with an east/west street along the south property lines of the Schwartz ' and those properties to the east. Mr. and Mrs. Schwartz pointed out that there is a second alternative to use the platted alley and connect to Rice Creek Road to the south. Ms. McPherson stated John Flora, Public Works Director, submitted a memo dated April 23, 1993, regarding the vacation request to the Community Development staff. Mr. Flora stated that historically this particular alley as proposed to be vacated has been viewed as a potential street for planning purposes. Prior to this request, it has been proposed that a storm water system would be constructed which would handle storm water from the Creek Ridge Park area north of Mississippi Street to the Harris Pond ditch which is located south of the subject parcel. He recommended denial of the vacation request. Ms. McPherson stated the City has received 100% agreement from the abutting property owners regarding the vacation, so the Council 's policy requiring 100o participation by the abutting property owners has been met. Ms. Dacy stated the Community Development staff wanted the Planning Commission and the petitioners to be aware of this memo. Staff's original recommendation was that if the alley is vacated that the street easement be retained. Mr. Kondrick stated that if the Commission recommends approval of the vacation with the street and utility easements, is stipulation #2 requiring the petitioners to execute and record a hold harmless agreement provided by the City still needed? Mr. Newman stated, yes, that stipulation is still necessary. The reason for the vacation request is because the petitioners want to do some plantings and fencing in the alley where there are easements. For that reason, staff wants a hold-harmless agreement so if the City does need to do utility work, there is no claim against the City. Ms. Jean Schwartz, 1372 - 64th Avenue, stated Mr. Flora's memo came as a total shock to her. She stated that in December 1992, when they were working on the alley vacation, they spoke with Mr. Flora. Mr. Flora had stated he had no problem with the vacation as long as the utility easement was retained. He did not say anything about any storm water system. Ms. Dacy stated the Commission has to decide on one of the following options: l. Does the Commission want to reserve a strip for some type of street easement? r'' `� PLANNING COMMISSION MEETING, APRIL 28, 1993 PAGE 6 2. If the street issue is important enough, does the Commission want to recommend denial of the vacation and keep the alley, or does the Commission want to keep the 16 foot street easement to reserve that option? 3 . Does the Commission want to just require the utility easement and not require the street easement? Ms. Schwartz stated that she and her husband would prefer not to have the street easement, but they are not totally opposed to the street easement. Maybe the City Council is going to have to decide what they want to do with this land, long term. Ms. Schwartz stated regarding the storm sewer system, is this still connected to the TCAAP line which has now been moved to 64th Avenue? She asked staff to check to see if the storm sewer system is related to the TCAAP before the Council meeting. Mr. Saba stated he would be in favor of recommending approval with the street easement because it leaves the option open for the City to construct a street in the future. Ms. Modig stated she could not see the City ever constructing a street. She stated a lot of property would have to be taken away from the neighbors to make enough room for a street, and there are other options for access to the property. Ms. Schwartz stated their property is right on the line, so if a street was ever constructed, property would have to be taken from the Labandz ' . She stated she believed it would be very difficult to put a street in there. Mr. Newman stated that for certain reasons such as emergency access, the City has constructed one-way streets, and that is an option. The difficulty here is they do not know how this will ever be developed in the future, and he believed they need to maintain a full range of options for the City. Mr. Saba stated he agreed they have to give the City some options for future development. Mr. Kondrick stated that in lieu of future development and emergency access, he agreed it would be good to keep their options open. Mr. Oquist stated they can recommend approval of the vacation with the street easement, and the petitioners can use the property as they want, with the understanding that if the City ever does anything, they will have to tear out any landscaping or fencing. He did not foresee a street ever being put in. The alley is not wide enough, and property would have to be taken from Mr. Labandz. A street in this location could also provide traffic flow problems I� � i PLANNING COMMISSION MLETING, APRIL 28, 1993 PAGE 7 that the City might not want. He stated he would vote in favor of recommending approval of the vacation with the utility and street easement stipulation. MOTION by Mr. Saba, seconded by Mr. Kondrick, to recommend to City Council approval of vacation request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, to vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2, Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E. , with the following stipulations: 1. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2 . The petitioners shall execute and record a hold-harmless agreement provided by the City. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPER30N NEWMAN DECLARED THE MOTION CARRIED UNANIMOIISLY. Ms. McPherson stated that on May 3, 1993 , the Council will set a public hearing for May 17, 1993. 3 . PUBLIC HEARING: SPECIAL USE PERMIT, SP #93-05. BY SOUND WAVES, INC. • Per Section •205. 18. O1.C. (3) of the Fridley City Code, to allow commercial retail uses in the M-2, Heavy Industria� zoning district on Lot 1, Block 1, Northco Addition, generally located at 7237 University Avenue N.E. MOTION by Mr. Kondrick„ seconded by Ms. Modig, to open the public hearing. OPON A VOICE VOTE, ALL VOTING AYE, CB��RPERSON NEWMAN DECLARED THE MOTION CARRIED AND THE PIIBLIC HEA�ZNG OPEN AT 8:10 P.M. The petitioner was not in at�dance at the meeting. ,-' Ms. McPherson stated sl�e had advised the petitioner of the importance of appearir,�g�before the Planning Commission and City Council. � / MOTION by Mr. Ko�rick, seconded by Mr. Oquist, to continue SP #93- 05 until the M�y 12, 1993, Planning Commission meeting. IIPON A VOI VOTE, ALL VOTING AYE, CHAIRPERSON NEAMAN DECLARED THE MOTION C IED UNANIMOUSLY. � � � PLANNING COMMISSION MEETING, APRIL 28, 1993 PAGE 8 4. RECEIVE MARCH 16 1993 ENVIRONMENTAL UALIT & ENERGY COMMISSION MINUTES: i MOTION by Ms. Modig, seconded by Mr. Saba, to eceive the March 16, 1993, Environmental Quality & Energy Comm' sion minutes. IIPON A VOICE VOTE, ALL VOTING AYE, CBAIRPE ON NEWMAN DECLARED THE MOTION CARRIED IINANIMOII3LY. 5. RECEIVE APRIL 6 1993 APPEALS OMMISSION MINUTES: MOTION by Mr. Kondrick, seconded Ms. Modig, to receive the April 6, 1993, Appeals Commission min es. UPON A VOICE VOTE, ALL VOTIN AYE, CHAIRPERSON NEWMAN DECLARED THE MOTION CARRIED UNANIMOUSLY ADJOURNMENT• MOTION by Mr. Kondr' k, seconded by Ms. Oquist, to adjourn the meeting. Upon a vi ce vote, all voting aye, Chairperson Newman declared the mot' n carried and the April 28, 1993, Planning Commission meeti adjourned at 8: 15 p.m. Respectfully ub itted, �.. y Sa Recordi g Secretary i � Community Development Department L� PLANNING DIVISION City of Fridley DATE: April 29, 1 TO: William Burns, City Manager ,�'�• � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Establish Public Hearing for Vacation Request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, 1356 and 1372 - 64th Avenue N.E. The Planning Commission conducted an informal hearing regarding the vacation request at its April 28, 1993, meeting. The Commission voted to recommend approval of the request to the City Council. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council establish May 17, 1993 , as the date of the public hearing. MM: ls M-93-239 * � � S TAFF REP O RT � Community Development Department Appeals Commission Date Planning Commission Date : April 14, 1993 , April 28, 1993 City Council Date May 1� 19993 Y � • une , REQUEST Permit Number SAV ��93-01 Applicant Mark and Jean Schwartz/Frank and Vallie Labandz Proposed To vacate the east half of the alley adjacent to Lot 13, Request Block 2, Spring Valley Addition LOCStiOn 1372 - 64th Avenue N.E. SITE DATA Size Density Present Zoning R-1 , Single Family Dwelling Present Land Use(s) Residential Adjacent R-1 , Single Family Dwelling on all sides Zoning AdjaCent Land Use(S) Residential on all sides • Utilities Park Dedication Watershed District Rice Creek ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMn�NDATION Staff See staff report Appeals Commission Planning Commission Approval with stipulations Attthor �/dn 4D . ' Staff Report SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz Page 2 Request The petitioners request that a vacation be approved to vacate the alley located between their properties in Block 2, Spring Valley Addition. The alley is adjacent between 1356 and 1372 - 64th Avenue N.E. Site The alley is located between two single family dwellings. The properties are zoned R-1, Single Family Dwelling. There are utilities and a sanitary sewer line located within the alley. Analysis Mr. and Mrs. Schwartz originally applied for the vacation request. Mr. and Mrs. Labandz contacted staff regarding the Schwartz 's request and indicated that they might be interested in vacating the westerly eight feet of the alley, thereby vacating the entire alley. The Labandz 's applied for a separate vacation to vacate the westerly eight feet of the alley. The two requests have since been combined into one. Located in the alley is a sanitary sewer line, underground telephone lines, and overhead utility lines. The alley was platted with the original Spring Valley Addition. The alley could potentially provide access to the rear of the properties fronting on Central Avenue, as the alley extends south to Rice Creek Road. The properties in the Spring Valley Addition were platted with a depth of 300 feet. There is opportunity for these properties to be split if an additional east/west street is constructed midway between Rice Creek Road and 64th Avenue. This road would be extended from Camelot Lane on the east to the subject alley on the west. Vacating the subject alley could potentially limit access and possibly eliminate a cross-connection with this potential east/west street. Vacating the alley would limit the number of options the Schwartz 's would have should they choose to subdivide their property to the rear. The Schwartz 's at the original hearing on April 14, 1993 submitted a drawing showing an alternate road alignment. They believe this option preserves a resubdivision alternative (see attached) . As utilities are located within the alley, a utility easement would also need to be maintained to provide the City and utility companies access for maintenance. It would be prudent for the City to reserve a street easement over the vacated alley for a potential street connection if a future subdivision occurs. The petitioners would also be required to execute and record against their 4G � . , Staff Report SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz Page 3 properties hold-harmless agreements which would eliminate the City's liability for replacing any vegetation or fences located in the alley if they were to be removed due to routine maintenance activities by the City or utility companies. Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request to the City Council with the following stipulations: 1. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2 . The petitioners shall execute and record a hold-harmless agreement provided by the City. Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request to the City Council as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission' s action. 4H � Community Development Department C� PLANNING DIVISION City of Fridley DATE: May 13, 1993 TO: William Burns, City Manager ?'+� . � FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Conduct Public Hearing for a Vacation Request, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz, 1356 and 1372 - 64th Avenue N.E. The Planning Commission conducted an informal hearing regarding the vacation request at its April 28, 1993 meeting. The Commission voted to recommend approval of the request to the City Council. The City Charter requires the City Council to conduct a public hearing for all vacation requests. Staff recommends that the City Council conduct the public hearing. MM/dn M-93-276 � � � . � Community Development Department C� PLANNING DIVISION City of Fridley DATE: June 3, 1993 TO: William Burns, City Manager 1 ��p • �1�/' FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: First Reading of an Ordinance Approving a Vacation, SAV #93-01, by Mark and Jean Schwartz and Frank and Vallie Labandz The City Council conducted a public hearing regarding the vacation request at its May 17, 1993 meeting. The Planning Commission recommended that the City Council approve the vacation request with the following stipulations: . l. The petitioners shall execute and record a street and utility easement in place of the vacated alley. 2 . The petitioners shall execute and record a hold-harmless agreement provided by the City. Staff recommends that the City Council adopt the first reading of the attached ordinance to vacate the 16 foot alley lying between 1356 and 1372 - 64th Avenue N.E. , which reflects the Planning Commission recommendation. Councilman Billings requested staff to research the history of the five foot street and utility easement on the Labandz property. The City Council minutes of 1961 were reviewed but no specific information was found. No information was in the address or assessing files. The date of the easement coincides with the date of the sewer installation. A best guess is that it was needed for the project. If the City Council chooses to approve the vacation without the stipulation requiring the street easement, then the ordinance should also include vacation of the five foot street easement on � the Labandz 's property. The ordinance would then read: 4 f ` - SAV #93-01; Schwartz/Labandz June 3, 1993 Page 2 SECTION 1: To vacate all of the alley and road easement described as follows: A. The East 8 feet of the 16 foot alley in Block 2, Spring Valley Addition lying between the westerly extension of the north and south lines of Lot 13, Block 2 , Spring Valley Addition. B. The West 8 feet of the 16 foot alley in Block 2 , Spring Valley Addition lying between the easterly extension of the south line of Lot 16 and the easterly extension of the north line of Lot 15, Block 2, Spring Valley Addition. C. The East 5 feet of Lots 15 and 16, Block 2 , Spring Valley Addition. MM/dn M-93-306 4A � ' � Community Development Department � PLAN1vING DIVISION City of Fridley DATE: June 16, 1993 TO: William Burns, City Manager�� �� FROM: Barbara Dacy, Community Development Director Michele McPherson, Planning Assistant SUBJECT: Second Reading of an Ordinance Approving a Vacation Request, SAV #93-01, by Mark & Jean Schwartz and Frank & Vallie Labandz; 1356 and 1372 - 64th Avenue N.E. The City Council at its June 7, 1993 meeting approved the first reading of an ordinance to vacate the street and alley easement located between 1356 and 1372 - 64th Avenue N.E. Staff recommends that the City Council approve the second and final reading of the attached ordinance. MM/dn M-93-349 FRIDLEY CITY COIINCIL MEETING OF MAY 3, 1993 PAGE_ 17 Mayor Nee felt that the City is not in the business of making sure that property owners did not error in their title search. MOTION by Councilman Billings to adopt Resolution o. 35-1993. Seconded by Councilman Schneider. Upon a voice vo , all voting aye, Mayor Nee declared the motion carried unanimo sly. MOTION by Councilman Schneider to receive t minutes of the Planning Commission Meeting of April 14, 93 . Seconded by Councilman Fitzpatrick. Upon a voice vote, 1 voting aye, Mayor Nee declared the motion carried unanimously 13 . RECEIVE THE MINUTES OF THE PLANNI COMMISSION MEETING OF APRIL 28 , 1993 : A. EXTENSION OF SPECIAL USE PE IT SP 82-12 BY PARK CONSTRUCTION COMPANY TO ALLO ROCK CRUSHING ACTIVITIES TO CONTINUE UNTIL MAY OF 1995 NERALLY LOCATED AT 7900 BEECH STREET N.E. • Ms. Dacy, Community Development irector, stated that last year the Council rezoned this propert to M-3 . As part of that public hearing process, homeowners est of the railroad tracks attended the hearings and complained bout the height of the rock piles and noise from the rock crushi activities. Ms. Dacy stated that the Planning Commission suggested that when the permit was to b renewed, this be reviewed with Park Construction. She st ed that the Planning Commission conducted a public hearing and t e individuals that complained during the M-3 zoning process were notified. She stated that Mr. Bishop did submit a letter. M . Dacy stated that Mr. Bishop and Mr. Carlson met before the Apr' 28, 1993 Planning Commission meeting, and Mr. Bishop has advi ed staff that he was satisfied with the arrangements Par Construction has made. Ms. Dacy state that the Planning Commission recommended extension of this speci use permit for rock crushing activities with six stipulations hich she outlined. She stated that a letter was received fr Mr. Carlson that if the City received any formal complaints, an officer of Park Construction and a member of the City staff would meet with the complainant. She stated that Park Construct'on indicated they would cooperate with the complainant in a reas nable manner. MOTION y Councilman Fitzpatrick to grant an extension of Special Use Pe it, SP #82-12, with the following stipulations: (1) Special Use Pe it, SP #82-12, is granted only for the period from June 1, 1993 o May 31, 1995. If there have been no rock crushing oper tions during that time, staff shall be allowed to extend the pe it for another two-year period. If there have been crushing ope ations, the permit shall be brought before the City Council . ' FRIDLEY CITY COIINCIL MEETING OF MAY 3 1993 PAGE 18 prior to May 31, 1995; (2) the City sha be allowed to dump their waste concrete material at this te at no cost; (3) Park Construction shall take the necess y steps to ensure that the City and State noise, dust, and envi nmental limits are not exceeded; (4) the rock crusher, genera s, and stockpiles shall be located as far north and east on e property as possible; (5) the same standards regarding ru off shall be applied to this site as applied in the Rice Cr k Watershed area; and (6) Park Construction shall submit a lett to City staff summarizing Park Construction's management plan r addressing noise and dust complaints. Seconded by Councilma chneider. Upon a voice vote, all voting aye, Mayor Nee declare the motion carried unanimously. B. ESTABLISH A PUBLIC HEARING FOR A VACATION REQUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ , TO VACATE AN ALLEY GENERALLY LOCATED BETWEEN 1356 AND 1372 64TH AVENUE N.E. • Mr. Herrick, City Attorney, stated that the action of the Planning , Commission was to recommend vacation of the alley subject to continuing an easement for street and utilities. He stated that if you vacate an alley easement and create a street easement, you just exchange one thing for another, and it makes no sense. He stated that he wondered if there was some misconception about fee ownership or use of the easement prior to its use as an alley or street. He stated that it would make sense to vacate the alley and reserve a utility easement, but it does not make sense to vacate an alley and reserve a street easement. Ms. Dacy stated that she has not had an opportunity to discuss this issue with Mr. Herrick in detail. She stated that the Schwartz 's were approached with an option of maintaining the alley but executing a hold harmless agreement. She stated that they were also advised a street easement would be recommended and, in essence, it would be the same. Ms. Dacy stated that the petitioner wanted to pursue the vacation in order to move the property line an additional eight feet. Mr. Herrick stated that he has no problem in setting the public hearing, but he felt he needed to meet with staff. He felt that the property owners may be able to do what they want without the vacation. Councilman Billings stated that the property owners want to obtain title to the eight feet and, if at a later date, the City constructed a street, it is a chance they would take. �► Mr. Herrick stated that in his opinion, they have the eight feet subject to an easement. He stated that they have fee title to the middle of the alley subject to the easement. �* - FRIDLEY C_ITY COIINCIL MEETING OF MAY 3. 1993 PAGE 19 Ms. Dacy stated that the Schwartz 's discussed this with the Labandz 's, and they were not amenable to the vacation. MOTION by Councilman Schneider to set the public hearing on Vacation Request, SAV #93-01, for May 17, 1993 . Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to receive the minutes �of the Planning Commission Meeting of April 28, 1993 . Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 14. APPROVE CONTRACT WITH KURTH SURVEYING FOR PRELIMINARY AND FINAL PLAT WORK FOR THE SHOREWOOD PLAZA REPLAT: Ms. Dacy, Community Development Director, stated that the alignments on East Moore Lake Drive were platted in such a anner � that they do not conform to the Minnesota State Aid re rements for street radius. She stated that this was discovere after the plat was approved by the Council. Ms. Dacy stated that there are a number of dra' age and utility easements existing in the Shorewood Plaza and Au tor's Subdivision plat. She stated that in 1989, she rev' wed the surveyor's proposed costs and made decisions as to h the costs should be appropriated. She stated that after four ars all property owners agree to the amounts, and the City no has their payment. She recommended that the Council authorize he survey to correct errors that have been made. Mayor Nee asked if the City had contractor for the work that had been done. Ms. Dacy stated that the ty had contracted with Short-Elliot- Hendrickson, and they hav contributed $600. MOTION by Councilman chneider to authorize the City Manager to execute a contract w'th Kurth Surveying for preliminary and final plat work for the orewood Plaza replat. Seconded by Councilman Billings. Upon voice vote, all voting aye, Mayor Nee declared the motion carr'ed unanimously. 15. RESOLU ON NO. 36-1993 APPROVING PLAT P.S. 93-01 ANDERSON DEVEL MENT REPLAT: Ms. Dac , Community Development Director, stated that this is a propos d replat of five lots into three lots. She stated that betw n the public _ hearing and the meeting this evening, the pet'tioner and potential buyer of Lot 1 have moved the lot line 15 f t to the east. She stated that this does not adversely affect he lot area. She stated that staff has confirmed that the special - •�, . FRIDLEY CITY COIINCIL MEETING OF MAY 3. 1993 PAGE 20 assessments in the amount of $1, 640.25 are valid, and the City can impose the park fees. She stated that it is recommended Council adopt this resolution approving the plat subject to fourteen stipulations which are attached as Exhibit A and par of the resolution. MOTION by Councilman Fitzpatrick to adopt Resolution o. 36-1993, with stipulations attached as Exhibit A and Exhibit B, and outlined as follows: (1) special assessments of $1,640.25 sh 1 be paid for Lot l, Block 1, Anderson Development Replat; (2) a ark dedication fee of $2,951. 10 for Lot 1 and $3,987. 16 for Lot 2 shall be paid at the time of the issuance of a building permit; (3) the owner of Lot 1 shall execute and record against both Lot 1 and 2, Block l, Anderson Development Replat, a maintenance agr ment which ensures that the owner of Lot 1, Block 1, shall maint in the private sewer line located on Lot 2 ; (4) permits for the mber and location of driveways shall be obtained from Anoka Coun y prior to issuance of a building permit; (5) the maximum numbe of access points onto Osborne Road shall be three; (6) the hard urface shall be set back from the west property line five feet; ( concrete curb and gutter shall be provided except for those a as proposed for expansion (see Exhibit B) ; (8) a landscape pla in compliance with the City Code shall be submitted; (9) a grad' g and drainage plan shall be revised in compliance with Scott Er'ckson's letter dated April 16, 1993 ; (10) no exterior storage of vehicles shall occur except on hardsurface areas; (11) a storm ater pond maintenance agreement shall be executed and recorded gainst Lot 1, Block 1, Anderson Development Replat; (12) a j int driveway agreement shall be executed and recorded agains Lots 1 and 2, Block 1, Anderson Development Replat; (13) a p it shall be received from the Rice Creek Watershed District ior to construction; and (14) the grading and drainage plan s all be submitted to Anoka County prior to construction. Seconde by Councilman Schneider. Mr. Kevin Olson, repres ting Anderson Trucking Services, did not think they should be a sessed the sewer lateral fee if they were providing the full li e. Mr. Scott Erickson, Assistant Public Works Director, stated that at one time or ano er every lot in the City is assessed a charge for a lateral mai located in the street. He stated that there is a long service ru to the main in the street, and the City's policy has been to giv a credit for a long service run, and that credit was applied to this assessment. He stated that the credit value is basically deduction of 100 feet off the assessable front footage of t e lot abutting Osborne Road. Mr. Olson tated that in regard to the park dedication fee, he objects t this fee. He stated that he received a copy of a memorand from the City Attorney explaining that replats and plats could b assessed a park fee. He stated that he has found receipts that t ey have already paid a $75 fee, and he asked if this had to be paid again. ....._,.....-. .,..... .,....,,o.�. >.,.. ..................:......�..............,.,.,.......,..�......,...,w.,....,.,.,o.......,....., ..,,...,....anw.....�..,.xwa. ..o. .vuo..vo.>v....anr�.r.�oao�xxr.�oxat�uu... .. . ........ � _�v•. FRIDLEY CITY COIINCIL MEETING OF MAY 17 1993 PAGE 17 OPEN FORUM, VISITORS: Mr. Dave Harris stated that he has a problem with th umpsters at his property at 250 Commerce Circle South. He s ed that people are dumping trash, and his tenants do not hav a place to deposit their own items. He stated that because o he code requirements that the dumpster be screened, it may vide a means for people to use the dumpster. He felt that if e dumpster was more visible there may be less dumping. Mr. Harris stated that there ' also a problem with truck traffic on Commerce Circle South. He stated that on Commerce Circle, trucks cannot make their rn so they either go into the wrong lane or drive on the grass t the park. He felt that there should be a sign indicating truck traffic going south. He also stated that on 69th and iversity, trucks going out to University Avenue to proceed nor block the intersection at Rice Creek Bou�evard. He felt tha this truck traffic should be oriented to the north where the is a wider road system. He stated that he would like to see sign indicating no trucks south of Columbia Arena. P IC HEARINGS: 2. PUBLIC HEARING ON VACATION REOUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ TO VACATE AN ALLEY GENERALLY LOCATED BETWEEN 1356 AND 1372 64TH AVENUE N.E. : MOTION by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 10: 09 p.m. Ms. Dacy, Community Development Director, stated that this is a request for a vacation of an alley generally located between 1356 and 1372 64th Avenue. She stated that there are utilities and a sanitary sewer line located within the alley. Ms. Dacy stated that the alley could potentially provide access to the rear properties fronting on Central Avenue, as the alley extends south to Rice Creek Road. She stated that there is an opportunity for these properties to be split if an additional east/west street is constructed midway between Rice Creek Road and 64th Avenue. She stated that vacating the alley could potentially limit access and possibly eliminate a cross-connection with a potential east/west street. Ms. Dacy stated that staff and the Planning Commission recommended approval of this vacation subject to a street and utility easement in place of the vacated alley and the petitioners executing and recording a hold-harmless agreement. w�.u.ocn-�zf araacsaz.s n...>.i:c . ........... . ..:i5,.::7::ioua:ve...�.�c>a:rar<r:�:s.�o:xx.t�o:�t..a;�paxux>:.�:�i>:•l•.xt�t�:!<.K1:vtx!(!iX�:3ixh'Yi]A5hYUtr.H325i>AtTtih>:hRY252RSt)i>i1:r9ZRYA2>>31.�:...A.�,`7e.Ri2Ri2fiiit5:,.,... ..:�tfi. •� - � FRIDLEY CITY COUNCIL MEETING OF MAY 17, 1993 PAGE 18 Ms. Dacy stated that the City Attorney was concerned at the last meeting about the purpose of vacating the alley based on his interpretation that the current owners have ownership as fee owners, and that the dedication merely gives the City the right to construct the alley. She stated that Mrs. Schwartz has noted her objection to a street easement. Councilman Schneider asked why a street easement would need to be retained. Mr. Flora, Public Works Director, stated that the problem has to do with the wetlands. Based on new rules dealing with wetlands, plans on how to provide access may be affected. Councilman Schneider stated that he understands staff's concern with providing future access, but he did not feel the street easement was essential as additional property would have to be acquired to construct a street at this location. Mr. Flora stated that any north/south street would require additional right-of-way. He stated that if the City retains a utility and street easement, they do not have to renegotiate that property. Mrs. Schwartz, the petitioner, stated that she has no problem with the utility easement or the hold-harmless agreement. She stated that if there was a street constructed, the City would either have to purchase or condemn the property. She stated that it would be more logical to construct a street out to Rice Creek Road. She stated that it does not seem logical to construct a north/south street between Rice Creek Road and 64th Avenue when it is only three houses away from Central Avenue. She stated that the alley has been platted for 52 years and has never been used for anything. She stated that they would like to own the land so they could use it as they wish. She stated that they have maintained this property for the last 7-1/2 years. She stated that she would be agreeable to the street easement, if it was absolutely necessary, but did not see the need. Mr. Herrick, City Attorney, stated that if the Council feels that there is a need to maintain a street easement, the vacation should probably be denied. He stated that the City has an easement for street purposes of 15 feet now which is referred to as an alley easement which is the same as a street easement. He stated that if the vacation is approved and a street easement is required, this process would vacate a 15 foot easement and create another 15 foot easement which does not accomplish anything. Councilman Schneider asked about the issue of fee ownership. Mr. Herrick stated that this alley was created when the plat was filed. That being the case, the fee to the alley belongs to the ...��.>.•.. .... ,..�.. . ...�...............ti.�}:>.:.1::,.......�.,.,.�.....,... ........ ..�........�:.s�.J.:�li2i?J2)�l.ht ..�i1�,'7:,.....�.�.�2v.:.i<:.�1.7�1.1.:..3�1«52�2.fiiil<:t2�l�2�e�:�..,��+2 lr.r1::..::rI43i:�iH1UFSUUiS.si.757<t�nailf: � �� FRIDLEY CITY COIINCIL MEETING OF MAY 17. 1993 PAGE 19 properties on each side, one half to each property owner so they own the alley subj ect to an easement over it which would permit the City to install an alley on that 15 feet, as well as the utilities that have already been installed in the easement. He stated that he indicated to Mrs. Schwartz earlier that at the present time they could install a fence down the middle of the alley or plant a garden or shrubs, as long as they understood that at some future time the Council may decide to install an alley. Mr. Herrick stated that if the alley is vacated, and no street easement is required, the only difference is the Schwartz 's would still own it in fee title, but would not be encumbered with an alley easement. He stated that the logical approach would be to approve the vacation without the street easement or else deny the vacation. Mrs. Schwartz stated that she cannot see how they own fee title now, as it is not on their title. Mr. Herrick asked if she had a Torrens or abstract title. Mrs. Schwartz stated that it was an abstract title. Mr. Herrick stated that this probably is not included, but the rule is where easements are created by the plat, the fee owner goes to the adjacent properties. The Schwartz 's have fee ownership subject to an easement on that portion of the property. Councilman Schneider stated that it seems there are options for future Councils without the street easement. Councilman Billings questioned the five foot strip on the west side. Ms. Dacy stated that in 1961, the City obtained an easement from the Labandz 's property. She stated that she assumes it was for additional space for installation of the sewer or possibly at that time there was some thought given to an alley. Councilman Billings stated that if the alley is vacated, the City would end up with a five foot piece of land that has an easement over it for streets and utilities. Ms. Dacy stated that if the Council chose not to require the street easement, there still would have to be a utility easement. Mr. Herrick stated that if the alley easement is vacated, the street easement on that five foot portion should also be vacated but the utility easement maintained. Councilman Schneider asked if this was discussed with the Labandz 's. �� � FRIDLEY CITY COUNCIL MEETING OF MAY 17, 1993 PAGE 20 Ms. Dacy stated that she was sure they would not obj ect to vacating the five foot street easement based on their comments at the Planning Commission meeting. Councilman Billings stated that before he could vote on this issue, he would like to find out why the City purchased the additional five feet of property. He stated that the City would be giving away sixteen feet and receiving no compensation. A future Council may have to negotiate and purchase this property when the City already has title to it. Mrs. Schwartz stated that the overhead power lines are only three feet from that five foot easement, so it may have been required to install those lines. No other persons in the audience spoke regarding this proposed vacation. MOTION by Councilman Schneider to close the public hearing. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 10:40 p.m. 3 . ORDINANCE NO. 1013 AMENDING CHAPTER 113 , "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION, " BY AMENDING SECTIONS 113 .01, 113. 07 113 . 11 113 . 13 113 . 15 AND CHAPTER 220 "RESIDE TIAL RENTAL PROPERTY AND CONDOMINIUM AREA MAINTENANCE " BY NDING SECTION 220.09 , AND AMENDING CHAPTER 11, "GENERAL OVISIONS AND FEES FOR SOLID WASTE ABATEMENT PROGRAMMING ' BY AMENDING SECTION 113 • MOTION by Councilman Fitzpatrick to waive t reading and adopt Ordinance No. 1013 on the second reading d order publication. Seconded by Councilman Schneider. Upon voice vote, all voting aye, Mayor Nee declared the motion car ed unanimously. 4 . APPROVE AGREEMENT BETWEEN T CITIES OF FRIDLEY AND NEW BRIGHTON FOR THE DESIGN MA TENANCE AND REPAIR PHASE FOR THE INTERCONNECTION OF THEIR ATER DISTRIBUTION SYSTEMS TABLED MAY 3 , 1993) • MOTION by Councilman Bi ings to remove this item from the table. Seconded by Councilwo n Jorgenson. Upon a voice vote, all voting aye, Mayor Nee decl ed the motion carried unanimously. Mr. Flora, Publi Works Director, stated that the Council received an amended co of this agreement incorporating the amendments proposed by e Council at the last meeting. He stated that it is recommende that Council approve the agreement. Counci an Schneider stated that he just received the document this even' g. He asked if this is the same document with the amendments. �� . , FRIDLEY CITY COIINCIL MEETING OF JONE 7 1993 PAGE 7 Senior Center would be about $6 per year on a $80,000 home and $ per year on a $90,000 home. Mr. Burns requested that the Council consider adopting this resolution giving conceptual approval for a Regional Senior nter. Councilman Schneider stated that this resolution mainly co its the Council to move forward, but does not legally commit an funding other than staff time. He stated that his primary conc n is that while he supports the concept of a Regional Senior Cen er, perhaps there should be a time period for this to be accompl 'shed. Mr. Burns felt that the other cities would be supp rtive of a time limit, and that this would be in order. Councilman Billings asked if the other thr e communities have passed a similar resolution. Mr. Burns stated that New Brighton has pas ed a resolution, Spring Lake Park will consider the item this vening at their Council meeting, and Mounds View will consider his issue next week. Councilman Schneider asked what the xt step in the process would be if Council adopts this resolutio . Mr. Burns stated that the most i ediate problem is to resolve the location issue. He stated th Fridley has taken the lead in trying to pursue the primary ite, and the Metropolitan Council will be meeting June 17 reg ding this site. He stated that he would foresee the Task Forc meeting in the near future to assess the site selections. MOTION by Councilwoman J rgenson to adopt Resolution No. 37-1993. Seconded by Councilman chneider. MOTION by Councilman chneider to amend Resolution No. 37-1993 by adding the followin : "BE IT FURTHER RESOLVED that if location, governance issues, funding issues, and other such factors are not resolved within twelve (12) months of the passage of this � resolution, the ity of Fridley may, at its option, declare this resolution nul and void. " Seconded by Councilwoman Jorgenson. Upon a voice ote, all voting aye, Mayor Nee declared the motion carried unan' ously. � Councilma Schneider stated that he has concerns relative to the primary cation and overall costs, but he believes the regional approac is the best way to proceed based on the cost analysis submi ed by Mr. Burns. He stated that he is somewhat frustrated with the Metropolitan Council. They should be supporting reg'onalism instead of being an impediment to the Regional Senior Ce ter. He stated that if the primary site is not approved, he w uld hope to work with the Metropolitan Council to find another ite. ` � � �______�.�..�..........�.._ * . �� FRIDLEY CITY COUNCIL MEETING OF JIINE 7. 1993 PAGE 8 Councilman Schneider stated that he hoped that some of the is es brought out at the public hearing such as providing day c e and opening the center to more segments .of the population ould be considered. He stated that he is comfortable with the onceptual approval, and he would like to give it a reason e time to proceed. UPON A ROLL CALL VOTE ON THE MAIN MOTION, all vo ed aye, and Mayor Nee declared the motion carried unanimously. 3 . FIRST READING OF AN ORDINANCE UNDER S TION 12 .07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEY AND TO AMEND APPENDIX C OF THE CITY CODE VACATION RE UE SAV 90-02 BY THE CITY OF FRIDLEY) : Ms. Dacy, Community Development D' ector, stated that the City of Coon Rapids has reaffirmed a res ution to the effect that they are not in favor of constructing street. She stated that Mr. and Mrs. Wetterlind would like ditional time to consult with their attorney. Ms. Dacy stated that th' ordinance would vacate the right-of-way for Broad Avenue and mbine it with Lot 26 to create a buildable parcel and reserve a ikeway/walkway and access easement. Councilman Billi s stated that he had a telephone conversation with Mr. Wetter nd yesterday in which he indicated he wanted some time to conta t his attorney. He stated that the Council has opinions fro the City Attorney that they are proceeding correctly. He felt, h ever, that it would be better to delay action if, in fact, the e is some legal reason the Council should not be vacating this pa el. MOTI by Councilman Billings to table this item to the July 19, 199 Council meeting. Seconded by Councilwoman Jorgenson. Upon a oice vote, all voting aye, Mayor Nee declared the motion carried nanimously. 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION RE4UEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ, AND FRANK AND VALLIE LABANDZ) : Ms. Dacy, Community Development Director, stated that this is a joint application by the Schwartz 's and Labandz 's to vacate an alley along the entire length of their properties. She stated that the alley is located south of 64th Avenue and east of Old Central. Ms. Dacy stated that the Planning Commission recommended approval of this vacation request with two stipulations. She stated that another issue is whether a street easement should be reserved in place of the alley easement. She stated that if the Council �1 ` ' FRIDLEY CITY COIINCIL MEETING OF JIINE 7. 1993 PAGL 9 chooses not to require retention of a street easement, staff has provided an amended section of the ordinance which would provide vacation of a five foot street easement recorded and conveyed on the Labandz 's property. Councilman Schneider stated that he cannot foresee a need for a street easement. MOTION by Councilman Schneider to waive the reading and approve the ordinance upon first reading. Seconded by Councilwoman Jorgenson. Councilman Billings stated that the ordinance would have to be amended if the street easement is not required over the east five feet of Lots 15 and 16, Block 2, Spring Valley Addition. MOTION by Councilman Billings to amend the above ordinance as follows: (1) Under Section 1, add the words "and street easement" after the word "alley" on the first line; and (2) following Item B, add Item C to read as follows: "The East 5 feet of Lots 15 and 16, Block 2, Spring Valley Addition. " Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voted aye, and Mayor Nee declared the motion carried unanimously. 5. FIRST READING OF AN ORDINANCE UNDER SECTION 12 . 06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS D AUTHORIZING THE SALE THEREOF GENERALLY LOCATED AT ROAD AVENUE AND LAFAYETTE STREET) : MOTION by Councilman Billings to table this item the Council meeting on July 19, 1993 . Seconded by Councilma chneider. Upon a voice vote, all voting aye, Mayor Nee declar the motion carried unanimously. 6. RESOLUTION NO. 38-1993 AUTHORIZ G PAYMENTS TO THE FRIDLEY COMMUNICATIONS WORKSHOP TO EFRAY THE COSTS OF CABLE " TELEVISION ACCESS E UIPMENT• MOTION by Councilman Schne' er to adopt Resolution No. 38-1993 . Seconded by Councilwoman rgenson. Mr. Burns, City Man er, stated that this resolution authorizes payments to the F dley Communications Workshop and authorizes execution of t agreement relating to the purchase of cable television e 'pment by the Communications Workshop. He stated that this yment of $36, 600 represents one-half of the funds received om Nortel as part of their franchise agreement. Counc' man Billings stated that he has been contacted by persons ac ' e in the Communications Workshop who indicated the equipment in such a state of disrepair they need more than $36,600. . .� y� FRIDLEY CITY COi1NCIL MEETING OF JUNE 7, 1993 PAGE 10 Councilman Schneider stated that he also has been contacted. He felt that this could be studied further, but if there is a problem, the agreement can be amended by both parties. He stated that his intent was to determine if there are other potential needs in the community and not to diminish the work of the Communications Workshop. Mr. Hotchkiss stated that much of the equipment is beyond e five to seven year range, and the $36,600 could probably repl ce about half of what is non-functional at this time. He sta d that he has compiled some prices for the Council 's considera ion, and he would be happy to review these figures. Councilman Billings stated that he received fiv or six letters from different persons who are associated with e Communications Workshop, and the tone of each of the letters as to request that the distribution of funds paid by Nortel be ed for the workshop. He stated that the franchise agreement ith Nortel does not specifically state the funds have to be use for the Communications Workshop. Mr. Hotchkiss stated that the Communic tions Workshop services not only the public but also the govern ent. He stated that in the franchise agreement it specificall states these funds are to go to public, educational, and gover mental access. He stated that Nortel is obligated to repair an replace equipment at the workshop but not for governmental and e ucational access. He stated that there is concern that Nortel ill try to maintain equipment far beyond its useful life. Mayor Nee felt that when e Communications Workshop has concrete proposals the Council ma again review this issue. UPON A VOICE VOTE TA N ON THE ABOVE MOTION, all voted aye, and Mayor Nee declared t e motion carried unanimously. 7. RECEIVE THE INUTES OF THE PLANNING COMMISSION MEETING OF MAY 12 199 : A. SPECIAL U E PERMIT RE UEST SP 93-05 BY SOUND WAVES INC. TO ALLOW COMMERCIAL RETAIL USES IN THE M-2 HEAVY INDUSTRIAL ZONING ISTRICT GENERALLY LOCATED AT 7237 UNIVERSITY AVENUE , N.E. Ms. Dacy Community Development Director, stated that Sound Waves, Inc. i a commercial entity which sells and installs automotive elect nic systems. She stated that the special use permit is need to allow a commercial retail use in an M-2 zoning district. She stated that Sound Waves will lease 3, 000 square feet, of which 1, 00 square feet will be retail and a small garage space for i stallations. FRIDLEY CITY COUNCIL MEETING OF JUNB 21, 1993 PAGE 3 Mayor Nee felt strongly that the stop sign issue deserves some review as to whether or not more stop signs are needed. He stated that he wanted the Public Works Department to conduc -� review of the neighborhood, and that a larger area should b. studied rather than one intersection. He stated that if stop igns are installed at every other corner on Third Street, the ' uation may be worse on Second Street� He stated that the City ould do a study and see how this can be resolved. Councilwoman Jorgenson stated th she had the same situation in her neighborhood, and she obta' ed a petition from the residents. PETITION NO. 11-1993 R CONCRETE CURBS: Mrs. Weiser, 6876 Madi n Street, submitted a petition for concrete curb and upgrading Seventh Street. She stated that over fifty percent of the re 'dents are in favor of this improvement at a cost of $8. 00 a fro foot. She stated that there are 24 properties involved, a sixteen were at home when the petition was circulated They were all in favor of this improvement except for one. MOTIO by Councilman Billings to receive Petition No. 11-1993. Sec ded by Councilwoman Jorgenson. Upon a voice vote, all voting a , Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 1. ORDINANCE NO. 1014 UNDER SECTION 12. 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REOUEST, SAV #93-01, BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ) : MOTION by Councilwoman Jorgenson to waive the second reading of qrd�nance No. 1014 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• 2. RECEIVE ANf ITEM FROM THE APPEALS COMMISSION MEET OF MAY 18 1993 • A. VARIANCE RE UEST VAR 93-09 BY WAL BAUER TO REDUCE THE SETBACK BETWEEN THE LIVING AREA D THE SIDE LOT LINE FROM 10 FEET TO 4.5 FEET AT 6420 ST ITE CIRCLE• 10 FEET TO 5 FEET AT 6422 STARLITE CIRCLE• FEET TO 7 FEET AT 6430 STARLITE CIRCLE• AND 10 FEET TO EET AT 6432 STARLITE CIRCLE N.E. TO ALLOW THE CONSTRUCT OF TWO NEW TWO-FAMILY DWELLINGS: Ms. Dacy, Commu ' y Development Director, stated that the properties invo ed in the variances are two twin homes located in FRIDLEY CITY COIINCIL MEETING OF JUNE 21, 1993 PAGE 4 the northwest part of Starlite Circle. She stated tha� the property is zoned R-2 and is known as the Doty-Wellner Ad ition. She stated that the variances are to reduce the setback��etween the living area and the side lot lines for the propertie� at 6420, 6422, 6430 and 6432 Starlite Circle. ,� s Ms. Dacy stated that this property was originally/platted as a result of a lengthy rezoning and platting process i �tiated in 1980 and completed in 1982 . She stated that a number � variances were granted at this time for the twin home lots. S�e stated that the variances were granted because at that point history the City did not have a zero lot line provision in he ordinance. She stated that the variances granted included a ot width variance for each of the twin home lots; a side yard var'ance for a garage from 5 feet to 3 feet; a front yard setback fro 35 feet to 30 feet for four lots; and for the single family 1 s, there were some side yard and rear yard variances. Ms. Dacy stated that as part of the p at and rezoning process, the petitioners submitted two types o twin homes that were being contemplated for construction, Typ A and Type B. She stated that the Type A plan included a doub e garage, and the Type B plan included a single garage but did ot indicate living area above the garages. She stated that one of the petitianers, Mr. Wellner, currently owns the existing lot to the south of one of the properties at 6412 Starlite rcle. Ms. Dacy stated that the v riance requested is to reduce the side yard setback for the livi area, and there is a different variance for each of the lots. She stated that the petitioner, Bauer Construction, has subm' ted two site plans for consideration. She stated that for the p operties at 6420 and 6422 Starlite Circle, the garage is loc ed in front of the living area. �he construction is sim]� ar for the twin home at 6430 and 6432 Starlite Circle. 0"� � Ms. Dacy stated hat during the plan review process, the setbacks were reviewed o assure the garages met the variances granted in the 1980 's. e stated that the submitted surveys for each of the twin homes c arly indicate a garage. However, there is no mention of the livi area above the garage unless one reviews the building plans. S stated that while the garage location on each of the twin home lots meets the setback requirements, the existence of a living ea on the second floor above the garage dictates the need for a v riance from the ten foot required side yard setback. Ms. acy stated that at 6420 Starlite Circle, there is 4.5 feet bet en the lot line and the corner of the living area; at 6422 St lite Circle, there is 5 feet between the lot line and living a ea; at 6430 Starlite Circle, there is 7 feet between the living ea and lot line; and at 6432 Starlite Circle, there is 6 feet between the living area to the lot line. She stated that the twin � C���F FRI DLEY FR[DLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432• (612)571-3450• FAX (612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 28, 1993 Frank and Vallie Labandz 1356 - 64th Avenue N.E. FridZey, MN 55432 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. & Mrs. Labandz, and Mr. & Mrs. Schwartz: On June 21, 1993, the Fridley City Council officially approved your request for a Vacation, SAV #93-01, to vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2, Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E. , with the following stipulations: l. The petitioners shall execute and record a drainage and utility easement in place of the vacated alley. 2 . The petitioners shall execute and record a hold-harmless agreement provided by the City. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 12 , 1993 . "? .J � . �; �� , _ . ,,� � '�«z.� Concur with action ke G��' r , � S rATE DF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a vacation, SAV ��93-01 OWn21': Mark A. Schwartz and Jean D. Schwartz The above entitled matter came before the City Council of the City of Fridley and was heard on the 21st day of June , 19 93 , on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate all of the alley and street easement described as follows: The East 8 feet of the 16 foot alley in Block 2, Spring Valley, lying between the westerly extension of the north and south lines of Lot 13, Block 2, Spring Valley, and the West 8 feet of the 16 foot alley in Block 2, Spring Valley, lying between the easterly extension of the south line of Lot 16 and the easterly extension of the north line of Lot 15, Block 2, Spring Valley, and the East 5 feet of Lots 15 and 16, Block 2, Spring Valley. This property is generally located at 1372 - 64th Avenue N.E. 13-3�� ��l-� a --cx���{ r� IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council meeting minutes of June 21 , 1993. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the Cit� of Fridley, Minnesota, in the County of Anoka on the /3rti day of ��p.,-,,,,��� , 19�_. DRAFTED BY: City of Fridley �t � 6431 University Avenue N.E. , � Fridley, MN 55432 William A. Champa, City Clerk ., ` �i . `�` '� ,�' �+ �[� ; ,�•`C5�' ,' (JE�"L�1'r _ r.<;' '� ' ,��y�� �� ' � .�ry��r�'�' ,�r'���P,v-,Y�' - t� z �'� . ' ` � _ C���F FRlDLEY f=RlDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612) 571-12�7 CITY COUNCIL ACTION TAKEN NOTICE June 28 , 1993 Frank and Vallie Labandz 1356 - 64th Avenue N.E. Fridley, MN 55432 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. & Mrs. Labandz , and Mr. & Mrs. Schwartz : On June 21, 1993 , the Fridley City Council officially approved your request for a Vacation, SAV #93-01, to vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2 , Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E. , with the following stipulations: 1. The petitioners shall execute and record a drainage and utility easement in place of the vacated alley. 2 . The petitioners shall execute and record a hold-harmless agreement provided by the City. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 12 , 1993 . /'� ` ,I / �_ / ` � _ -; .��-' �� �.< Concur with action ke ���-' � - r � FRIDLEY CITY COUNCIL MEETING OF JUN$ 21, 1993 PAGE 3 Mayor Nee felt strongly that the stop sign issue deserves some review as to whether or not more stop signs are needed. He stated that he wanted the Public Works Department to conduct-�a review of the neighborhood, and that a larger area should beistudied rather than one intersection. He stated that if stop s-i'gns are installed at every other corner on Third Street, the situation may be worse on Second Street� He stated that the City�uld do a study and see how this can be resolved. � �� Councilwoman Jorgenson stated that' she had the same situation in her neighborhood, and she obtained a petition from the residents. PETITION NO. 11-1993 FOR CONCRETE CURBS : Mrs. Weiser, 6876 Madi�so Street, submitted a petition for concrete curb and upgrading�� Seventh Street. She stated that over fifty percent of the re '�dents are in favor of this improvement at a cost of $8 . 00 a fro foot. She stated that there are 24 properties involved, a sixteen were at home when the petition was circulated,��They were all in favor of this improvement except for one. � MOTIO by Councilman Billings to receive Petition No. 11-1993 . Sec ded by Councilwoman Jorgenson. Upon a voice vote, all voting a , Mayor Nee declared the motion carried unanimously. OLD BUSINESS • l. ORDINANCE NO. 1014 UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST SAV #93-01 BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ) • MOTION by Councilwoman Jorgenson to waive the second reading of Ordinance No. 1014 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. N�W BUSINESS : 2 . RECEIVE AI� ITEM FROM THE APPEALS COMMISSION MEET NU�OF MAY 18 1993 : A. VARIANCE RE UEST VAR 93-09 BY WAL BAUER TO REDUCE THE SETBACK BETWEEN THE LIVING AREA D THE SIDE LOT LINE FROM 10 FEET TO 4 . 5 FEET AT 6420 ST ITE CIRCLE • 10 FEET TO 5 FEET AT 6422 STARLITE CIRCLE - FEET TO 7 FEET AT 6430 STARLITE CIRCLE• AND 10 FEET TO EET AT 6432 STARLITE CIRCLE N.E. TO ALLOW THE CONSTRUCT OF TWO NEW TWO�FAMILY DWELLINGS: Ms. Dacy, Commu ' y Development Director, stated that the properties invo ed in the variances are two twin homes located in + 1 City of Fridley ORDINANCE NO.1014 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council of the City ot Fr'dley does here by ordain as tolbws: . SECTION 1. To vacate al�of the alky and sireet easement describcd as idlows: A, The East 8 feet ol the 76 toot alley in Block 2,Spring Valley Addition ying between the westerty eMension ot ihe north and south lines ol Lot 13,Bfock 2,Sprirg Valky Additan. B. The West 8 teet of the 16 loot alley in Block 2,Spring Valley Addition lying belween the easterly e�Aension ot lhe south line ol Lot 16 and the eastery extensio�of the noAh line ol Lol 15,Block 2,Spring Valley AddMion. C. The East 5 feet of Lots 15 and 16.Block 2,Spring Valley Addition. All lying in the South HaH o(Sectan 13,T-30.R- 24,Ciry of Fridley,County of Moka,Minnesota. Be and is hereby vacated,except that lhe City of Fridley reserves an easement tor drainage and ulility purposes over the alby herein described and vacat- ed. SECTION 2. The said vacation has been made in conformance with Minnesota Statutes and pur- suant to Section 12.07 ot ihe City Charter and APpASSED ANO AIDOPTED BY THE CITY COUN- �CIL OF THE CITY OF FRIDLEY THIS 21ST DAY OF JUNE,1993. � _ WILLIAM J.NEE-MAYOR ATTEST: WILLIAM A.CHAMPA-CI'tY CLEFK Public Hearing: May 17,1993 Fkst Reading: June 7,1993 Second Reading: June 21,1993 (June 29.1993)FridleY Focus � � .�.�..s � �s ;i2��T .�,. .�.�._ �..,__ _ _ ., �,�._ „�„,: �ocuMENT No. 12 5 6 2 2 5 . 0 ABSTRACT ":Ece[r>fi ��`-_._ � p4_1O ' n c�r''f'�" c"''' . ANOKA COUNTY MINNESOTA D�.te�Time: _ ��� _�.�-C�, ; �� � ��r Lic--�s�'' `eases ' ' I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE Doc. �rc�er..._.._,..( ; � ,� � n,f, ' r.:; ; T x P�' . �-�-��~ ' FOR RECORD ON DEC 16 9 6 1 ✓ FjY .� '` ; ' � --j `'< "'"` _' r`e`�� AT S : O O PM AND WAS DULY RECORDED. — ',`:sr- FEES AND TAXES IN THE AMOUNT OF PAID. Filing Fec� .__���___ �._I L�vision �, %;f.0 �`19 . 50 Del s:__,___ �ef. , a F�ins�:� � RECEIPTNO. 96OH621O ,���a��=�:.��, ❑ �i�tus �J Saec. - - �T�__ -�- EDWARD M.TRESKA ANOKA COUNTY PROPERTV TAX ADMINISTRATOR/RECORDER/REGISTR,4R OF TITLES ev TFP DEPUTY PROPERTY TAXADMINISTAATOR/RECORDER/REGISTRAR OF TITLES STATE OF (ViINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: a vacation, SAV ��93-01 OWt1er: Frank Labandz and Vallie Labandz The above entitled matter came before the City Council of the City of Fridley and was heard on the 2 ist day of June , 19 93 , on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate all of the alley and street easement described as follows: The East 8 feet of the ]6 foot alley in Block 2, Spring Valley, lying between the westerly extension of the north and south lines of Lot 13, Block 2, Spring Valley, and the West 8 feet of the 16 foot alley in Block 2, Spring Valley, lying between the easterly extension of the south line of Lot 16 and the easterly extension of the north line of Lot 15, Block 2, Spring Valley, and the East 5 feet of Lots 15 and 16, Block 2, Spring Valley. This property is generally located at 1356 - 64th Avenue N.E. 13- 3�- a�- �{�-���� C�O 5�o q� IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approval with two stipulations. See City Council meeting minutes of June 21 , 1993. STATE QF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, William A. Champa, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the /��� day of �r c-¢��it , 19�. DRAFTED BY: City of Fridley J�� , 6431 University Avenue N.E. (i � Fridley, MN 55432 William A. Champa, City Clerk - ',�SEAI��r�'�� '�, " `i !i, "�,. �-. ' , `' .. + � .��y.,. ....-.T— "'a� . ��� . .. .^ � `�, , Y r i �'! •� . .. . I '�I i. s��• r1``� ... . ,� �. "':`'� .... . .. , .. 1 i' . , � T - _ C�TY OF FRiDLEY FRIDLEY MUNtCIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY. MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 28 , 1993 Frank and Vallie Labandz 1356 - 64th Avenue N.E. Frid�ey, MN 55432 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. & Mrs. Labandz , and Mr. & Mrs. Schwartz: On June 21, 1993 , the Fridley City Council officially approved your request for a Vacation, SAV #93-01, to vacate the entire alley located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2 , Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E. , with the following stipulations: l. The petitioners shall execute and record a drainage and utility easement in place of the vacated alley. 2 . The petitioners shall execute and record a hold-harmless agreement provided by the City. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 12 , 1993 . _ / --i�,,�f` � -� z--z,- Concur with action ke C'_' . FRIDLEY CITY COUNCIL MEETING OF JUNS 21 1993 PAGE 3 Mayor Nee felt strongly that the stop sign issue deserves some review as to whether or not more stop signs are needed. He stated that he wanted the Public Works Department to conduct�a review of the neighborhood, and that a larger area should b�tudied rather than one intersection. He stated that if stop �igns are installed at every other corner on Third Street, the situation may be worse on Second Street� He stated that the City�uld do a study and see how this can be resolved. � i Councilwoman Jorgenson stated that' she had the same situation in her neighborhood, and she obtained a petition from the residents. . . PETITION NO. 11-1993 �'�R CONCRETE CURBS: Mrs. Weiser, 6876 Madi�so'Street, submitted a petition for concrete curb and upgrading�f Seventh Street. She stated that over fifty percent of the re 'dents are in favor of this improvement at a cost of $8 . 00 a fro foot. She stated that there are 24 properties involved, a sixteen were at home when the petition was circulated They were all in favor of this improvement except for one. MOTIO by Councilman Billings to receive Petition No. 11-1993 . Sec ded by Councilwoman Jorgenson. Upon a voice vote, all voting a , Mayor Nee declared the motion carried unanimously. OLD BUSINESS• 1. ORDINANCE NO. 1014 UNDER SECTION 12 . 07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE (VACATION REQUEST SAV #93-01 BY MARK AND JEAN SCHWARTZ AND FRANK AND VALLIE LABANDZ) • MOTION by Councilwoman Jorgenson to waive the second reading of Ordinance No. 1014 and adopt it on the second reading and order publication. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NEW BUSINESS• � 2 . RECEIVE AN ITEM FROM THE APPEALS COMMISSION MEET NG�OF MAY 18 1993 • A. VARIANCE RE UEST VAR 93-09 BY WAL BAUER TO REDUCE THE SETBACK BETWEEN THE LIVING AREA D THE SIDE LOT LINE FROM 10 FEET TO 4 . 5 FEET AT 6420 ST ITE CIRCLE• 10 FEET TO 5 FEET AT 6422 STARLITE CIRCLE• FEET TO 7 FEET AT 6430 STARLITE CIRCLE• AND 10 FEET TO EET AT 6432 STARLITE CIRCLE N.E. TO ALLOW THE CONSTRUCT OF TWO NEW TWO--FAMILY DWELLINGS: Ms. Dacy, Commu ' y Development Director, stated that the properties invo ed in the variances are two twin homes located in • � L City of Fridley ORDINANCE NO.1014 AN ORDINANCE UNDER SECTION 12•07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The City Council ot the City of Fridley dces her� by ordain as tolbws: SECTION 1. To vacate all 01 the alley and street easement describcd as Idlows A. The Easl B feet ot the 16 foot alley in Block 2,Spring Vatlay Addition lying between the westerty exlensio�ol the north and soulh lines of Lot 13,Block 2,Spring Valky Additbn. 0. The West 8 feet of the 16 loot alley in Block 2,Spring Vatley Addition lying belween the easterly eMension o11he south line ot Lot i6 ard ihe eastery extension of ihe north line of Lot 15,Block 2,Spring Valley Adddion. C. The East 5 teet ol Lots 15 a�d 76,Block 2,Spring Valley Addition. pil ying in the South HaM oi Sectbn 13,T-30.R- 24,City ot Fridley,County ot Moka,Minnesota. Be and is hereby vacated,except ihat the City of Fridley reserves an easement tor drainage and utiiiry purposes over the alky hereln described and vacal- ed. SECTION 2. The said vacation has been made in contormance with Minnesota Statutes and pur- suaM to Sectio� 12.07 ot the City Charter and Appendix C�ot the City Code shall be so artfended. PASSED AND ADOPTED BY THE CITY COUN- CIL OF THE CITY OF FRIDLEY THIS 21ST DAY OF JUNE,1993. WILLIAM J.NEE-MAYOR ATTEST: WILLIAM A.CHAMPA-CITY CLERK Public Hearing: May 17,1993 Fkst Reading: ' ����21 j�gg3 Second Reading: (June 29,1993�FridleY Focus � 4 ,/a���t�f�CT DOCUMENTNO. 12S622F> . � ABSTRACT �" � Re`�'pt #_ a.�- � ANOKA COUNTY MINNESOTA ❑ Certified Copy � . Date�Time: I� I� ��2�(� � I HEREBY CERTIFY THAT THE WITHIN I NSTRUMENT WAS FILED IN THIS OFFICE � � �ax Lic �s(R Ic,sE:s � '�'�c. Order���{ � � . � P FOR RECORD ON DEC 16 9 6 "h�i!t C _,t.. T.=,x � AT - S : O O PM AND WAS DULY RECORDED. �/ by: necorr'a6 i i i _�JQ L r::- , „ hvew FEES AND TAXES IN THE AMOUNT OF `, !)<sc y�`19 . rj0 PAID. j f;ling F�es: �j��� �j J;vis�or� ;_; („'t�' � " RECEIPT N0. D�f. ' 96086215 '� De!qs: Pirs n �+.,�its ` S�ec. r, EDWARDM.TRESKA „�..,.,...�a.�,..�a,,.-. ��y_ � -�--��y ANOKA COUNTV PROPERTV TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES sv TFP DEPUTY PROPERTV TAX ADMI NISTRATOR/RECORDER/REGISTRAR OF TITLES / ~ � ! �..�..�.s�.wr�v_.��.+«���fl� � i� �qc-;r�-;;^r Y�' i �J� .. f � i ,-1 1 C' ._�_� � ' �_�__'`s-.r���:. _. . _ . . �.:. � lU��',�fifi �:w�:�::1.�'�'-T.. .. _ STATE OF MINNESOTA •j; �t_��tiJ_J:A�c_ i COUNTY OF ANOKA .:.����T.�.�:=�C!�,������ - : �� .,=� � AGREEMENT _.___ . . ��,.-.,..-_-�..___. ---- -�..� THIS AGREEMENT, dated this --��� day of J , 1993� by and between the City of Fridley, a munic' al corporation (hereinafter referred to as "the City") , and ank* and Vallie Labandz, husband and wife (hereinafter referred to as "Labandzs") . *Labandz WHEREAS, the Labandzs are the owners of the East 119 feet of Lots 15 and 16, Block 2, Spring Valley Addition, Anoka County, Minnesota (hereinafter referred to as the "subject property") ; and WHEREAS, the City recently vacated the alley easement adjacent to the subject property; and WHEREAS, the City has reserved a 16 foot drainage and utility easement over the entire width of said vacated alley; and WHEREAS, the Labandzs wish to improve the vacated alley within the easement held by the City. THEREFORE, it is agreed by and between the parties as follows: 1. The City hereby agrees to permit certain improvements within the drainage and utility easement. 2 . The Labandzs acknowledge that the City may from time to time need to utilize the easement. The Labandzs agree to hold the City harmless for any damages which may occur to the improvements, due to the City's exercise of its rights within the easement area. The Labandzs further acknowledge that if the City needs to remove the improvements to obtain access for the purpose of exercising its easement rights, the Labandzs will be responsible for the cost involved in removing the improvements. Additionally, any reconstruction of the improvements, including any costs, shall be the sole responsibility of the Labandzs. 3 . This agreement shall be binding upon both parties and upon their heirs, successors and assigns. 4 . Any additional costs incurred by the City in utilizing its , easement, which are caused by reason of the improvements, i shall be reimbursed to the City upon thirty (30) days written � notice to the Labandzs at 1356 - 64th Avenue N.E. or at such other address as the Labandzs shall provide to the City in writing. IN WITNESS THEREOF, the parties to this Agreement have affixed their signature to this Agreement on the date first mentioned in this Agreement. �) , -.� . � , _ �." . � �,�t Ria . ' �ITY OF FRIDLEY ��. . . � . ,- . , gy; ����� _ � ' Its Mayor � . BY' y�ti.��s�� �.�, -��1��� � Its City Manager STATE OF MINNESOTA) � ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this 14th day of �Uly ' , 1993, by William J. Nee, the Mayor, and by William W. Burns, the City Manager of the City of Fridley, a Municipal Corporation under the laws of Minnesota, on behalf of the Municipal Corporation. � � � � ROBERTA COLUN3 6�T�`1►,`J NOTAR1f PUBtIC•MI�E90TA . i?''t� ANOKA COUMY ���� btp Comn.E�.occ 2t,t993 2� yYYrYYY1rY11vY4i Fra aband ( s nd) . � � / f � �- `") Vallie Laba z (wife) STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) On this ��j� day of , 1�93 , beiore r�;e, a Natary Public, within and for sai County, personally appeared Frank Labandz and Vallie Labandz, husband and wife, to me known to be the persons described in arid who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Drafted by : t City of Fridley 6 4 3 1 U n i v e r s i t y Av e n u e N .E . .,,,..,,. DEBORAH C.ANDERSON F r i d 1 e y , MN S 5 4 3 2 ` ,,, y: �vUTARY PUBUC-f:.��:��oTA '�.�� ANOKA CODU iV I�Ay comrnissbn E�ir��ro.29•��s a. • unroF FRIDLEY FRIDLEY MUNICIPAL CENTER •6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 28, 1993 Frank and Vallie Labandz 1356 - 64th Avenue N.E. Fridley, MN 55432 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. & Mrs. Labandz, and Mr. & Mrs. Schwartz: On June 21, 1993, the Fridley City Council officially approved your ----------- request for a Vacation, - SAV_#93-011 to vacate the entire alley • located between Lots 13 and the East 118 feet of Lots 15 and 16, Block 2, Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E., with the following stipulations: 0 1. The petitioners shall execute and record a drainage and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold -harmless agreement provided by the City. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 12, 1993. Concur with action taken STATE OF MINNESOTA COUNTY OF ANOKA THIS AGREEMENT, dated this by and between the City (hereinafter referred to Schwartz, husband and "Schwartzs"). --L-- day of , 1993, of Fridley, a lkiLnicftal corporation as "the City"), and Mark and Jean wife (hereinafter referred to as WHEREAS, the Schwartzs are the owners of Lot 13, Block 2,.Spring Valley Addition, Anoka County, Minnesota (hereinafter referred to as the "subject property"); and WHEREAS, the City recently vacated the alley easement adjacent to the subject property; and WHEREAS, the City has reserved a 16 foot drainage and utility easement over the entire width of said vacated alley; and WHEREAS, the Schwartzs wish to improve the vacated alley within the easement held by the City. THEREFORE, it is agreed by and between the parties as follows: 1. The City hereby agrees to permit certain improvements within the drainage and utility easement. 2. -The Schwartzs acknowledge that the City may from time to time need to utilize the easement. The Schwartzs agree to hold the City harmless for any damages which may occur to the improvements, due to the City's exercise of its rights within the easement area. The Schwartzs further acknowledge that if the City needs to remove the improvements to obtain access for the purpose of exercising its easement rights, the Schwartzs will be responsible for the cost involved in removing the improvements. Additionally, any reconstruction of the improvements, including any costs, shall be the sole responsibility of the Schwartzs. 3. Any additional costs incurred by the City in utilizing its easement, which are caused by reason of the improvements, shall be reimbursed to the City upon thirty (30) days written notice to the owners of 1372 - 64th Avenue N.E. or at such other address as the owners shall provide to the City in writing. 4. This agreement shall be binding upon both parties and upon their heirs, successors and assigns. 5. This .agreement will not bind the Schwartz's to indefinite liability if they sell, convey, or assign the property to another owner. IN WITNESS THEREOF, the parties to this Agreement have affixed their signature to this Agreement on the date first mentioned in this Agreement. CITY OF FRIDLEY By: It Mayor By: Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) e foregoing was acknowledged before me this day' of z C41 1. 1 , 1993, by William J. Nee, the Mayor, and by William W. B,erns, the City Manager of the City of Fridley, a Municipal Corporation under the laws of Minnesot , on behalf of the Municipal Corporation. ., ROME COLLINS NO T ARY • kG#MMA ANOKA COMITY My comm, SR WWW Cat WWWWWr I . Mark A`A.Sd1hfwartz (hu f �� ' - STATE OF MINNESOTA) )SS. COUNTY OF ANOKA ) On this 7 day of , 1993, before me, a Notary Public, within and for saieY County, personally appeared Mark A. Schwartz and Jean D. Streff-Schwartz, husband and wife, to me known to be the persons described in and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Drafted by: [�q'��� City of Fridley MagMaygaretsmith 6431 University Avenue, N.E. NOTARY PUBLIC -MINNESOTA Fridley, NIN 55432 ANOKA COUNTY My Comm. EXP. July 28,1997 1061612 1 0%5 OFFiCF ;F `WOUNTY RECOR+�ER STATE OF MINNESOTA, COUNTN OF ANOKA 1 hereby certify that the within instru- ment was filed In this office for record on theAUG 2 6 1993 `LISO'clocka., and was duly recorded ward M. Treske, Count Recorder sy k), Deputy e (� I �rtA� rjAA GlYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 CITY COUNCIL ACTION TAKEN NOTICE June 28, 1993 Frank and Vallie Labandz 1356 - 64th Avenue N.E. Fridley, MN 55432 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. & Mrs. Labandz, and Mr. & Mrs. Schwartz: On June 21, 1993, the Fridley City Council officially approved your request for a Vacation, SAV #93-01, to vacate the entire alley located between Lots 13 and the East ;tW feet of Lots 15 and 16, Block 2, Spring Valley Addition, generally located between 1356 and 1372 - 64th Avenue N.E., with the following stipulations: 1. The petitioners shall execute `and record a drainage and utility easement in place of the vacated alley. 2. The petitioners shall execute and record a hold -harmless agreement provided by the City. If you have any questions regarding the above action, please call me at 572-3590. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by July 2, 1993. 4JL-4.'n Concur A4Tth action taken CIlYOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 October 12, 1992 Frank and Vallie Labandz 1356 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Labandz: I have received the attached written response from the City Attorney regarding the status of the five foot strip of property at the east end of your lot. According to the City Attorney, he believes that a five foot utility and road easement was conveyed to the City on June 30, 1961. Your title opinion appears to be correct and you own 119 feet in width along 64th Avenue N.E. The five foot strip is merely an easement which gives the City the right to use it if necessary for utility and street purposes. Should you have any questions, please feel free to contact me. Sincerely, -xBarbara Dacy, AICP Community Development Director BD/dn C-92-306 G7YOF FRIDLEY FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612) 571-1287 October 12, 1992 Mark and Jean Schwartz 1372 - 64th Avenue N.E. Fridley, MN 55432 Dear Mr. and Mrs. Schwartz: Attached is the City Attorney's opinion about the five foot strip of property on the east end of the Labandz Is property at 1356 - 64th Avenue N.E. The City Attorney believes that the conveyance transferred only an easement to the City of Fridley. We do not have fee ownership of the five foot strip of property. Should you have any questions, please feel free to contact me. Sincerely, Barbara Dacy, AICP Community Development Director BD/dn C-92-307 MEMORANDUM TO: Barbara Dacy Planning Coordinator FROM: Virgil Herrick City Attorney SUBJECT: Lot Line Dispute at 1356 -64th Avenue Northeast DATE: October 7, 1992 This Memorandum is in response to your Memorandum of September 30, 1992 regarding the above subject. In your Memorandum you attached a copy of a Quit Claim Deed, dated June 30, 1961, from Maria Edlund, a single person, the Grantor, and The City of Fridley, the Grantee. The legal description on the Quit Claim Deed is as follows: A 5' Utility and Road easement described as follows: The East 5' of Lots 15 and 16, Block 2 Spring Valley Addition all lying in the South one-half (SZ) of Section 13, T30, R24, Anoka County, Minnesota. You asked the question whether this conveyance was a conveyance of an easement or a conveyance of fee title. In my opinion the conveyance transferred only an Easement to the City of Fridley. The property owner continues to own all of Lots 15 and 16, subject to a utility and road Easement over the easterly five feet thereof. If you have any further questions in regard to this, please give me a call. Community Development Department PLANNING DIVISION City of Fridley DATE: September 30, 1992 TO: Virgil Herrick, City Attorney FROM: V' -Barbara Dacy, Community Development Director SUBJECT: Lot Line Dispute at 1356 - 64th Avenue N.E. This question pertains to property located at 1356 - 64th Avenue N.E., which is just east of Old Central Avenue and south of and adjacent to 64th Avenue. The property was originally platted in the Spring Valley Addition plat. The property is located just west of a 16 foot alley which was apparently dedicated in the original Spring Valley Addition plat. In 1961, the owner of the property, Maria Edlund, conveyed a five foot utility and road easement along the east side of the property (see attached). We would like you to answer the following question: 1. The easement was conveyed on a quit claim deed form, No. 28- M. Was the conveyance an easement, or because it was completed on a quit claim deed, does the City actually have fee ownership of the five foot strip of land? Also enclosed is a copy of the title opinion on the property which is now owned by Frank A. Labandz and Vallie R. Labandz. The title refers to the document as an easement and states that the frontage on 64th Avenue is 119 feet. The City has a survey on file indicating that the frontage is 114 feet. Because City property is affected, I advised the Labandzs' that I could have our attorney make a determination; however, if the title opinion is wrong and they only own 114 feet, they need to retain their own legal counsel. I would appreciate a written memo on this so that I can keep it in our files. BD/dn M-92-609 i P "n rCA ci R � i U STATE OF MINNESOTA AGREEMENT COUNTY OF ANOKA THIS AGREEMENT, dated this _ day of )d6,— , 1993, by and between the City of Fridley, a munic' al corporation (hereinafter referred to as "the City"), and ank* and Vallie Labandz, husband and wife (hereinafter referred to as "Labandzs"). *Labandz WHEREAS, the Labandzs are the owners of the East 119 feet of Lots 15 and 16, Block 2, Spring Valley Addition, Anoka County, Minnesota (hereinafter referred to as the "subject property"); and WHEREAS, the City recently vacated the alley easement adjacent to the subject property; and WHEREAS, the City has reserved a 16 foot drainage and utility easement over the entire width of said vacated alley; and WHEREAS, the Labandzs wish to improve the vacated alley within the easement held by the City. THEREFORE, it is agreed by and between the parties as follows: 1. The City hereby agrees to permit certain improvements within the drainage and utility easement. 2. The Labandzs acknowledge that the City may from time to time need to utilize the easement. The Labandzs agree to hold the City harmless for any damages which may occur to the improvements, due to the City's exercise of its rights within the easement area. The Labandzs further acknowledge that if the City needs to remove the improvements to obtain access for the purpose of exercising its easement rights, the Labandzs will be responsible for the cost involved in removing the improvements. Additionally, any reconstruction of the improvements, including any costs, shall be the sole responsibility of the Labandzs. 3. This agreement shall be binding upon both parties and upon their heirs, successors and assigns. 4.' Any additional costs incurred by the City in utilizing its easement, which are caused by reason of the improvements, shall be reimbursed to the City upon thirty (30) days written notice to the Labandzs at 1356 - 64th Avenue N.E. or at such other address as the Labandzs shall provide to the City in writing. IN WITNESS THEREOF, the parties to this Agreement have affixed their signature to this Agreement on the date first mentioned in this Agreement. f n, CITY OF FRIDLEY By: Its Mayor o . .. By: Its City Manager STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) The foregoing was acknowledged before me this 14th. day of July - , 1993, by William J. Nee, the Mayor, and by William W. Burns, the City Manager of the City of Fridley, a Municipal Corporation under the laws of Minnesota, on behalf of the Municipal Corporation. `t ROBIERTA COLLNS NUTARYPUBM-MOIGM ANM COUNTY Idy Camp Exp. Oct 21. 1990 i ri�wnriririSi STATE OF MINNESOTA) )ss. COUNTY OF ANOKA ) On this day of ,1993, before me, a Notary Public, within and for AsaicY County, personally appeared Frank Labandz and Vallie Labandz, husband and wife, to me known to be the persons described in acid who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. Drafted by: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 I DEBORAH C. ANDERSON s e�A p NOTARY PUBLIC - P; �NTIESOTA ANOKA COUNTY My comm Expires Az9. 29.1055 Quit Claim Deed. Individual to Corporation. Form No. 28-M. Miller -Davis Co., Minneapolis, Minn. Minnesota Uniform Convevaneinr Blank■ (19311- Tbi$ Nbenture. arade this ... :........ fES-Q............. day, o between...............I°, a..Eldlund..s... Widaw................................._. ................................................................................................................. of the County of............... A1wka:...................................................... and State of ................ Nl?4AqP!ota....................................... part..y...... of the fust part, and ............ The...�'i.ity... Q.f... F..ridley.. .............., ... I�]utA. apal................................................................................................................................................................................................................. a1eorporation under the laws of the State of ..... MXAM.So.ta................................................, party of the second part, Witnesoeib, That the said party....... of the first part, in consideration of the sum of ...tom...andxo/1QQ... Dc11arkq....0 I.QC).... and ... other ...valnes...reoe ved...r.- ............................ to -Party •••jaf•••ls.t... part....... in hand paid by the said party of the second part, the reoetpt whereof is hereby acknowledged, do............ hereby Grant, Bargain, Quitclaim, and Convey unto the said party of the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being in the County of ............... Amka...................................................... and State of Minnesota, described as follows, to -wit: A 51 Utility and Road easement described as follows: The East 51 of Lots 15 and 16, Block 2 Spring Valley Addition all lying in the South one-half (S1 of Section 13, Tao, R24, Anoka County, Minnesota. To Jbabe anb to jbolb the dance, Together with all the hereditaments and appurtenances there- unto belon Forever. ging or in anywise appertaining, to the said party of the second part, its successors and assigns, In Zeztimonp Wbereof, The said part.y......... of the first part ha..s........ hereunto set .... her ....................... handl...... t7w day and year first above written. In presence of ..... ...... .. .......... ...... �­***­ r '..' Pl�yy 't^ �/`Y•� -BO -01%, c 0 PAGEfu�" Otate of At ngoM County of ............... S. Onthis .......................... �...D..::................daz o J f................................................................. .........., 19..6...., before »e•e, a. Qt °Y.. �o..............................................z ' hin and or said �^ f ul Colcnty, personally appearerl, ,. to rne known to be the erson................... _U scrtbed in, and wIw executed the foregoing instrument', P ...........................................•.................and acknowledged that S.Ae...... executed the (See Note) _ free act and deed ........................................ (See Note) ✓hotary Public ....... MARvjN..C...SRU.NSELT. ..................... County, JI?inn.: Notary Public, Anoka County, Minn. .•lly commission eftqep Expires Dec. 28, .198, Note: The blanklunes marked "See Note" are for use when the instrument is execute ''G'•'••• s� d by an attorney is fAdt r .� • qq'1 s'' b",itlG�'� ~� �..f-1 • �� ,.,., A y� o��Q cs' � 0.1 x o = ra o ,N o o o` C.) 266On4 �qe pled for record on the 10 day of�ADi w o �y h �� .y •G e� o � N . A. D. 1962 at 3:35 o'clock P.M. j S f < � �oi trey surveyed Far-.L.8.ROY..T.... TOVSEN Date ..... --FEB. 16., 1974 Scale....... �.. -------------- O Indicates Monument. Description: The Fast 114.001 of Lot 15 and the East 114.00' of Lot 16 - Block 2 - Spring Valley Addition Fridley, Mimeaota HAROLD A. WILKE III WEST PARKVIEW AVENUE SMNT PAUL 17, MINNESOTA MINNESOTA REGISTERED LAND SURVEYOR 1 Hereby certify that this is a true and correct plat of a survey of the land shown and described, and that monuments or markers indicated have been placed, and that any improvements or physical conditions have been correctly marked as shown hereon. Actual Foundation Location ..' RMISTERED IAND SURVEYOR Nr. 221T'd 6 4 T _ AV E. N. E. 0 501 501 i _RICE CREEK 3D _ 0 M 136.40 80 114 i" I rn N 'N? 15 4 V Ig FOUND. rt�N COO O _ 14 I l•t ��/N �N 1 YJ✓'v�"i„✓ M N 19 R N OI N ! I 136.68 80 114 119 M 17 .68 N O N (� /V M 0 N 33 .97 PQ /9 O N N to N' c" 336.12 0 M