SAV85-07 r,`-Y OF FRIDLEY
�aY, s REZONING REQUEST ZOA # 61
J431 UNIVERSITY AVE. N.E.
FRIDLEY, MN 55432 jVAC:A:T:10NEQUEST SAV 85—b�
(612)371-3450
PLATTIN REQUEST P.S. #
REQUEST FEE PARK FEE RECEIPT #
SCHEDULED PLANNING COW41SSION MEETING DATE
SCHMULED CITY C)UNCIL MELTING DATE
PROPERTY INFORMATION
PROPERTY ADDRESS 7150 East River Road
LMAL DESCRIPTION:
LOT & 2 BLOCK 3 TRACT/ADDITION Riverview Terrace
PRESENT Z ON 193 REQUESTED ZONING
REASC14 FOUR REQUEST: A site plan showing the proposed future use is required for all
rezoning.
WWe request the utility and drainage easement on the west and north
property lines of the above lots be vacated, as part of the replatting
of this site into Riverwood Park.
************************************************************************************
OWNER INFORMATION
NAME (please print) Independent School Dist PHONE # 571 -6000
14
ADDRESS 600 es Moor bake Drive _-Fridley, MN 55432 /
S IG,,IATU RE a L .�a� _ DATE
Carl wq s a rney anC agent
PETITIONER INFORMATION
NAME (please print) Charles S. Cook PHONE # 757-7568
ADERFSS 12640 Grouse St. , Coon Rapids, MN 55433
SIGNATURE DATE
PLANNING COMISSION : APPROVED DENIED DATE
CITY COUNCIL: APPROVED DENIED DATE
STIPULATIONS:
The petitioner heby understands that:
1. The City will notify all residents and owners of property within 350 feet
(rezoning) or within 300 feet (platting) of said property.
2. This appl icat*on must by signed by all owners of the property, or an
explanation Oven why this is not the case.
3. Responsibility for any defect in the proceedings resulting from the failure
to list the names and address of all residents and property owners of
property in qstion, belongs to the petitioner.
4. A scaled plan of proposed property and structure must be drawn and attached,
showing the following:
North direction
Location of proposed structure, and front and rear
setbacks.
Landscaping if applicable
Street names
Loca ti un and use of adjacent existing buildings within
350 feet.
1
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
.Notice is hereby given that there will be a Public Hearing of the City Council
of the City of Fridley in the City Hall at 6431 University Avm'c Northeast
on Monday, December 16, 1985in the Council Chamber at 7 :30 p.m. for the purpose
of.
Consideration of a Vacation request, SAV #85-07 , by
Charles Cook, to vacate the drainage and utility
easement over, across and through the west 5 feet
R#verw6od—F4a-rro r.
Any and all persons desiring to be heard shall be given an opportunity at the
above stated time and place.
WILLIAM J. NEE
MAYOR
Publish: December 2, 1985
December 9, 1985
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UTILITY VACATION MAP
City Council 12/2/85
MAILING LIST
SAV #85-07
Charles Cook
Charles Cook
12640 Grouse Street
Coors Rapids, MN 55433
School District #14
6000 West Moore Lake Drive
Fridley, MN 55432
Richard Malecek
7136 East River Road
Fridley, MN 55432
Barbara T. Friedhoff
7155 East River Road
Fridley, MN 55432
Michael A. Hagel
114 - 71st Way
Fridley, MN 55432
Dennis Anderson
124 - 71st Way
Fridley, MN 55432
Rodney Salo
136 - 71st Way
Fridley, MN 55432
(Official Publication)
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there
will be a Public Hearing of the City
Council of the City of Fridley in the
City Hall at 6431 University Avenue
Northeast on Monday, December 16,
1985 in the Council Chamber at 7:30
p.m.for the purpose of:
Consideration of a Vacation re-
quest, SAV #85-07, by Charles
Cook,to vacate the drainage and
utility easement over,across and
through the west 5 feet and the
north 5 feet of Lots 1 and 2,Block
3,Riverwood Manor.
Any and all persons desiring to be
heard shall be given an opportunity at
the above stated time and place.
WILLIAM J.NEE
Mayor
(Dec.9&16,1985)-FRID
4t 62
November 26, 1985
Dear Utility Company:
We have a vacation request, SAV #85-07, by Charles S. Cook, to vacate the drainage
and utility easement over, across and through the west 5 feet and the north 5 feet
of Lot 1 , Block 3, Riverwood Manor.
If you have utilities in this easement and this vacation would have an adverse effect
on this easement, please notify the City of Fridley Planning Department at 6431
University Avenue N.E. , Fridley, MN 55432.
1F
Northwestern Bell
6540 Shingle Creek Parkway
Brooklyn Center, MN 55430
December 2, 1985
City of Fridley
Planning Department
6431 University Ave. , N.E.
Fridley, Mn. , 55432
Dear Planning Department:
This letter is in regards to your vacation requests SAV #85-06
and SAV #85-07.
SAV #85-06 vacating the unused Johnson Street dedication north
of Skywood Lane. Northwestern Bell Telephone Company currently
is joint use with NSP and CATV on a pole line located on the
east side of this dedication. Maintaining easement is requested.
SAV #,85-07 vacating drainage and utility easement at Lot 1,
Block 3, Riverwood Manor. Northwestern Bell Telephone Company
is clear in this easement.
Sincerely,
L. Thistle
Engineer Distribution
566-7530
Riverwood Development Associates
12640 Grouse Street
Coon Rapids , MN 55433
12-08-85
City of Fridley
John Flora
6431 University Avenue N
Fridley, MN 55432
RE: Vacation request SAU #85-07
Dear John Flora:
Regarding the utility easement vacation for Riverwood Park, I
have been instructed by Jim Robinson to request of you that both
the first and second reading of this vacation take place at the
public hearing of 12-16-85 . It is important that this easement
vacation be complete and final along with the plat approval on
the 16th of December, because our builder intends to immediately
start a model home on the lot where the easement exists .
If you have any questions , feel free to contact me at 757-7568.
i c
S n erel
Y,
Charles S. Cook
DEC 10 196
1D
Northwestern Bell
6540 Shingle Creek Parkway
Brooklyn Center, MN 55430
December 2, 1985
City of Fridley
Planning Department
6431 University Ave. , N.E.
Fridley, Mn. , 55432
Dear Planning Department:
This letter is in regards to your vacation requests SAV #85-06
and SAV #85-07.
SAV #85-06 vacating the unused Johnson Street dedication north
of Skywood Lane. Northwestern Bell Telephone Company currently
is joint use with NSP and CATV on a pole line located on the
east side of this dedication. Maintaining easement is requested.
SAV #85-07 vacating drainage and utility easement at Lot 1,
Block 3, Riverwood Manor. Northwestern Bell Telephone Company
is clear in this easement.
Sincerely,
. L. Thistle
Engineer Distribution
566-7530
�►i PLANNING DIVISION 4 A
i
ciTYOF MEMORANDUM
FRIDLEY
MEMO TO: John Flora, Public Works Director
MEMO FROM: Jim Robinson, Planning Coordinator
MEMO DATE: December 10, 1985
REGARDING: Expediting SAV #85-07
Mr. Charles Cook is requesting that the City vacate a utility easement which
exist on the proposed Riverwood Estate Plat. The vacation is scheduled for
public hearing at the December 16, 1985 City Council meeting. The item has
successfully moved through Planning Commission and there are no utility
company concerns.
Part of the easement lies over the proposed Lot 9. The developer' s plan is
to build his first structure, a model , on this lot as soon as possible.
In order to expedite the process it would be helpful to suggest to Council
they have the first reading of the attached ordinance on December 16, 1985.
In addition, we could allow Mr. Cook to start construction after the first
reading of the ordinance while we continue with our procedural requirements
of a second reading and publication of the ordinance.
JLR/dm
M-85-161
Attach.
4B
Riverwood Development Associates
12640 Grouse Street
Coon Rapids, MN 55433
12-08-85
City of Fridley
John Flora
6431 University Avenue
Fridley, MN 55432
RE: Vacation request SAU ##85-07
Dear John Flora :
Regarding the utility easement vacation for Riverwood Park, T
have been instructed by Jim Robinson to request of you that both
the first and second reading of this vacation take place at the
public hearing of 12-16-85 . It is important that this easement
vacation be complete and final along with the plat approval on
the 16th of December, because our builder intends to immediately
start a model home on the lot where the easement exists .
If you have any questions , feel free to contact me at 757-756e .
Sincerely,
Charles S . Cook
,
-tI
Northern States Power Company
RW
North Division
4501 68th Avenue North
Brooklyn Center,Minnesota 55429
Telephone(612)566-9120
December 10, 1985
Mr. Jim Robinson
Planning Department
City of Fridley
6431 University Ave. NE
Fridley, MN 55432
RE: VACATION REQUEST SAV #85-07
Dear Jim:
In regard to the above mentioned vacation request, Northern
States Power Company will not need access on this easement.
Sincerely,
��Q' Z-:Zeo"'�
Larry Benson
Staff Assistant
Northern States Power Company
NORTH DIVISION
LMB/s
RESPONSES FROM UTILITY COMPANIES FOR SAV #85-06 AND SAV #85-07
NSP - Larry Benson
SAV #85-06 - Retain easterly 10' for joint NSP, Northwestern Bell and CATV
overhead line,
SAV #85-07 - No objections,
Northwestern Bell - J. L. Thistle
See attached letter.
Minnegasco William Schram
SAV #85-06 - No objections.
SAV #85-07 - No objections.
Storer Cable Keith Hennek
SAV #85-06 - Retain easterly 10' for joint NSP, Northwestern Bell and CATV
overhead line.
SAV #85-07 - No objection.
COMM SSION AMUCATION REVIEW
Department Nu or File Date Meeting Date
CITYOF Planning 11/26/85 December 4, 1985
EMDLEY
File Address/Description SAV #85-07 COMPLETE REVIEW CHECKLIST
Charles S. Cook - with Ri verwood Plat. RETURN TO PLANNING
El
Jim COMMENTS
ElJOHN * RETURN TO DEBBIE INSTEAD OF ROUTING TO NEXT PERSON
ODARREL
BEBHE
❑ CLYDE
OMARK
[:]LEON
PLANNING COMMISSION MEETING, DECEMBER 4, 1985 PAGE 8
Mr. John Pollard stated he has maintained th' roperty for many years, so he
is petitioning to have this property rev back to his lot so he.can do what-
ever is needed to get the property b into shape.
MOTION BY MR. OQUIST, SECOND BY MR. WELLAN, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF VACATIONRE T, SAV #85-06, BY JOHN POLLARD TO VACATE THE UNUSED
JOHNSON STREET DEDIC ON LYING NORTH OF SKYWOOD LANE AND SOUTH OF I-694,
WITH THE STIPULA ON THAT A 10 FT. UTILITY EASEMENT BE MAINTAINED ON THE
EASTERLY PO ON OF THE PROPERTY.
UP O VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
RRIED UNANIMOUSLY.
5. VACATION RE UEST: SAV #85-07 CHARLES S. COOK:
Vacate the rain an ity easement over, across and through the west 5
feet and the north 5 feet of Lot 1 and Lot 2, Block 3, Riverwood Manor.
Mr. Robinson stated the location of this lot split was just north of 71st Way
and west of East River Road. It was part of the Riverwood School Plat. After
the plat, it was discovered there were some existing utilities over Lot 1 and
Lot 2, Block 3. The utility companies have no problem with the lot split, and
Staff would recommend its approval .
MOTION BY MR. SABA, SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF VACATION REQUEST, SAV #85-07, BY CHARLES S. COOK, TO VACATE THE
DRAINAGE AND UTILITY EASEMENT OVER, ACROSS AND THROUGH THE WEST FIVE FEET AND
THE NORTH FIVE FEET OF LOT 1 AND LOT 2, BLOCK 3, RIVERWOOD MANOR.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
6. RECEIVE NOVEMBER 5, 1985, ENERGY COMMITTEE MINUTES:
MOTION BY MR. SABA, SECONDED BY MR. MINTON, TO RECEIVE E NOV. 5, 1985,
ENERGY COMMITTEE MINUTES.
Z
UP017 A VOICE VOTE, ALL VOTING AYE, CHAIRPERSO ABEL DECLARED THE MOTION
CARRIED UNANIMOUSLY.
7. RECEIVE NOVEMBER 7 1985 HUMAN RESO ES COMMISSION MINUTES:
MOTION BY MR. MINTON, SECONDED MR. SABA, TO RECEIVE THE NOV. 7, 1985,
XUMAN RESOURCES COMMISSION UTES.
UPON A VOICE VOTE, A OTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CARRIED UNANIMOUSL .
Mr. Minton s ted the Minnesota Department of Human Rights (MDHR) would like
the City Fridley to formally adopt a Worksharing Agreement. Basically, the
Agreem said the City would agree to voluntarily help the MDHR through the
No-F It Grievance Committee. Once the Agreement is approved, they would have
t ave people trained before the Agreement would become effective. The Hunan
Resources Commission had made a motion to forward this Agreement on to the
Planning Commission and City Council for approval .
PLANNING COMMISSION MEETING, DECEMBER 4, 1985 PAGE 7
Mr. Oquist stated that if for some reason development of the other phases
did not happen, this property could become landlocked. Maybe they should
add a stipulation that says access easement should be gWovided from Mississippi
if all other phases fail in order to prevent this dev opment from becoming
landlocked.
Mr. Robinson stated that was a good point. Two op ons exist. One would provide
access through the liquor store, another would p ovide access west of the shopping
center. Mr. Saba asked if there was a park fee associated with this development.
Mr. Robinson stated that based on square foo age, the park fee would be
$2,760.
Mr. Saba stated that did not sound like very large park fee for the size of
this development and the number of peop a who will require more park space.
Mr. Camp had expressed a valid concern that maybe more park space or playground
equipment will have to be added becau a of more people being added to the area.
Mr. Camp stated the amount of S2,7 for a park fee seemed like an infinitesimal
amount of money for 119 residenti units. He stated Mr. Charles Cook has a
45-lot plat. Mr. Cook's park de ication fee will be around $45,000 for 45 homes.
There was definitely something ong, and maybe the City should be figuring
the park fee on a different b is, so there was more equitable fees.
Ms. Gabel stated she could derstand what 14r. CooK was saying; however, the
City Council was the body at establishes the park fees.
MOTION BY MR. MINTON, SE ONDED BY MR. KONDRICK, TO RECOMMEND TO CITY COUNCIL
APPROVAL OF LOT SPLIT QUEST, L.S. #85-08, BY LOU LUNDGREN, TO SPLIT OFF THE
SOUTHERLY 190 FEET OF T 1, BLOCK 1, SYLVAN HILLS PLAT 7 AND THE SOUTHERLY
190 FEET OF LOT 1, BL CK 1, SYLVAN HILLS PLAT 6 FOR PROPOSED DEVELOPMENT, THE
SA14E BEING 248 MISSI SIPPI STREET N.E. AND 214 MISSISSIPPI STREET N.E. , WITH
THE FOLLOWING STIPU TIONS:
1. THE LOT S LIT BE CONTINGENT UPON SUCCESSFUL ACQUISITION OF PROPERTY
BY THE
2. IF NEC SARY, AN ACCESS EASEMENT FRO14 MISSISSIPPI BE PROVIDED TO THE
APART NT COMPLEX.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION
CARRIED UN IMOUSLY.
4. VACATION E VEST: SAV #85-06 BY JOHN G. POLLARD:
acatea unusedJohnson Street a ication ging north of Skywood Lane
and so th of I-694.
Mr. obinson stated the utilities have been notified of this vacation request,
an NSP,Northwestern Bell , and Storer Cable are requesting a utility easement
b maintained on the easterly 10 ft. of the property.
THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER
16, 1985
7he Regular Meeting of the Fridley City Council was called t16 order at 7:37
p.m. by Mayor Nee.
PLEDGE OF ALLEGIANCE:
Mayor Nee led the Council in the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Mayor Nee, Councilman Ba tte, Councilman
Schneider, Councilman Fi Patrick, and
Councilman Goodspeed
MEMBERS ABSENT: None
PRESENTATION•
CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING, CITY OF FRIILEY:
AWARD OF FINANCIAL REPORTING ACHIEVEMENT, RICHARD D. PRIBY,,
ACTING FINANCE DIRECTOR
Mayor Nee stated the City, once'again, has received a national award for
conformance in financial repo Wing. He stated this award is issued by the
Government Finance Officers sociation and it represents only a few such
awards in the State. He ated the Council is especially proud of the
Finance Department and Ci Management for having been recognized for their
accounting standards. Mayor Nee presented this award to the Finance
Officer, Rick Pribyl and/the Council extended their congratulations on this
a chi evenent. '
APPROVAL OF MINUTES: �r
COUNCIL MEETIN6, DECEMBER 2 1985:
MOTION by CoZNDOA:
Barnette to approve the minutes as presented. Seconded
by Councilmaider. Upon a voice vote, all voting aye, Mayor Nee
declared thecarried unanimously.
ADOPTION OF
The foll ng itemswere added to the agenda: (1) Consideration of an
Agreement ith Miller-Schroeder as Fart of Item 11; and (2) Consideration of
First R ng of an Ordinance Amending Chapter 603 of the Fridley City Code
by Addi g Sections 603.05.10 and 603.24; Renumbering Existing Section 603.23
and Fu er Amending Section 11.10 of Chapter 11.
MOTI N by Councilman Fitzpatrick to adopt the agenda with the above
a ons. Seconded by Councilman Schneider. Upon a voice vote, all voting
ay , Mayor Nee declared the motion carried unanimously.
-1-
COUNCIL MEETING OF DECEMBER 16, 1985
OPEN FORUM, VISITORS•
COMPLAINTS - MENARD'S:
Dr. James Matthews, 1259 Skywood Lane, appeared before the Council regarding
problems at Menard' s. He stated an agreement was signed between the
residents and Menard's in 1979 and outlined the terms of the agreement which
related to such items as the public address system, outside sawing,
operation of fork lifts and hours of delivery and in regard to any expansion
by Menard's, residents were to be notified.
Dr. Matthews stated data has been collected between May and July of this
year and there are numerous violations of the agreement. He stated Bob
Nordahl of the City staff wrote Larry Menard on September 20, 1985 regarding
the complaints frau the residents on the noise, and what action Menard's was
going to take to correct this situation.
Dr. Matthews stated Mr. Seeger, Manager of the Fridley Menard's, replied to
Mr. Nordahl ' s letter regarding the truck noise and stated they don' t
receive any trucks after 9 p.m. and rarely after 5 p.m. Mr. Seeger had
stated in his letter he felt one of the neighbors was being unduly critical.
Dr. Matthews stated the residents are now going through the same problems
they did in the 1970's and felt it was the City's obligation to enforce the
ordinance. He stated they are asking for a meeting with Menard's to resolve
these problems. Dr. Matthews stated Mr. Seeger 's letter to Bob Nordahl
doesn't answer Mr. Nordahl's questions at all.
Dr. Matthews stated they don't want any problems with Menard' s and they
pledge their cooperation to do everything possible to get this settled once
and for all. � e
He stated they are asking the hours of delivery agreed to in
the 1979 agr emnt be continued. He further stated, if a barrier was
erected, it would help in reduction of noise frau the saws and fork lifts.
Mayor Nee stated he would like staff to make an investigation and a report
back to the Council.
Mr. Herrick, ty Attorney, stated if there is some evidence of violation of
the times set out in the document, it would be fairly easy to document. He
thought if there is a question of noise violations, the City may have to
take some readings.
Mr. Flora, Public Works Director, felt perhaps a joint meeting with
residents and Menard's would be in order to discuss these items.
PUBLIC HEARINGS:
1. PUBLIC HEARING ON THE MATTER OF VACATION REQUEST,,' SAV #85-07, VACATE THE
_DRAINAGE AND UTILITY EASEMENT OVER, ACROSS AND tiR4UGH JW'9EST FIVE FEET
AND THE NORTH FIVE FEET OF LATS 1 AND 2 , BLACK 3, RIVERWOOD MANOR, BY
CHARLES COOK:
-2-
COUNCIL MEETING OF DECEMBER 16, 1985
M?TION by Councilman Fitzpatrick to waive the reading of the public hearing
notice and open the public hearing. Seconded by Councilman Goodspeed. Upon
a voice vote, all voting aye, Mayor Nee delcared the motion carried
unanimously, and the public hearing opened at 8:09 p.m.
Mr. Flora, Public Works Director, stated this is a request by Mr. Cook to
vacate a drainage and utility easement, which exists on his proposed
Riverwood Park plat, so he can develop the lots separately.
Mr. Flora stated the utility companies have indicated they have no problem
with this vacation request.
Mr. Malecek, 7136 East River Road, stated he wasn't notified of any meetings
regarding Mr. Cook's plat and Council will now be considering the final plat
this evening. He stated he wanted to know how this vacation would affect
his property.
Mayor Nee stated the Council wouldn't want to vacate an easement that
wouldn't allow Mr. Malecek to connect to sewer and water.
Mr. Herrick, City Attorney, stated if he understands correctly, Mr. Cook and
Mr. Malecek have reached an agreement regarding access to the sewer system.
Mr. Cook stated the easement he is granting is for utility purposes, but
that he would be retaining the roadway easement.
Mr. Malecek stated, at this point, he would ask Council not to approve the
vacation until he finds out haw he is affected.
Mr. Herrick stated the Council can continue the public hearing or close the
hearing, but not take any action until you get some feedback from staff on
the questions raised.
Mr. Flora stated, both Northwestern Bell and Northern States Power, stated
this vacation wouldn't affect the service to Mr. Malecek's property.
There is further discussion which relates to the plat which is covered under
consideration of the final plat of Riverwood Park by Mr. Charles Cook.
MDTION by Councilman Fitzpatrick to close the public hearing. Seconded by
Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously and the public hearng closed at 8:32 p. m.
OLD BUSINESS•
2. CONSIDERATION OF FINAL PLAT, P. S. #85-06 , RIVERWOOD PARK, BY CHARLES S.
COOK:
Mr. Flora, Public Works Director, state is is the final plat for
Riverwood Park submitted by Mr. Char Cook. Mr. Flora stated the plat
calls for the division of thr ocks into a total of 31 single family
lots. He stated all lot t code requirements and range from 9 ,000 to
17,000 square feet.
-3-
COUNCIL MEETING OF DECEMBER 16 , 1985
Mr. Flora stated the Planning Commission recommended approval of the plat
with three stipulations: (1) provide a 15 foot utility easement over Outlot
A to be granted to exception area; (2) provide a street and bikeway/walkway
easement over the easterly 25 feet of the plat; and (3) work with
Engi nee ri ng to develop a storm drainage plan.
Mr. M3leoek, 7136 East River Road, stated he had no received any notices
regarding this plat, but did receive a letter inf ing him how his property
would be affected.
Mr. Cook stated he met with Mr. Malecek du ing the early stages of the
platting process and they had discussion a out the incorporation of his
property into this plat. He stated Mr. Malecek had stated it was not
economically feasible for him at this tim , however, he wished access for
the water and sanitary service only and igned such a petition.
Mr. Qureshi, City Manager, stated the uestion is whether Mr. Malecek wishes
access onto Riverwood Drive in th event he would want to split his
property.
Mr. Malecek stated he understands ere would be a 25 foot easement along
the back of his property on whi Mr. Cook will awn easement rights.
Mr. Herrick, City Attorney, st ted it seems the owners of the two exceptions
in the plat, Mr. Malecek a d Mr. Nisley, are not fully aware of the
possibility they won't have cress to Riverwood Drive and he recommended a
meeting with all the Parti before Council takes action to finalize the
plat.
Mr. Qureshi, City Mana , stated the owners of the exceptions in the plat
have two choices. Th can participate in the plat by sharing in the cost
of the improvements d upon a 75 foot frontage for the utilities and the
roadway or the City n bear the cost of these improvements which would be
held in abeyance un it such time as the owners split their lots. He stated
if and when they s it their lots, they would pay the improvement costs plus
interest, however if the lot was never split, there would be no costs to
them.
Mr. Nisley, 1 71-1/2 Way, felt the easement line should be moved to the
street so he ould have aright-of-way to his property.
Mr. Herri felt some thought should be given about access for these two
property ners.
Mr. Qur shi stated Mr. Malecek petitioned for the sewer so he would pay his
share or this service, however, assessments for the water and street could
be erred until such time as Mr. Malecek wishes to split his lot.
Mr. Maleoek asked when they would know what the charges would be for the
i rovements. He was advised that these would be covered in an assessment
ring.
-4-
-.� COUNCIL METING OF JANUARY 6, 1986
Mr. Herrick stated when people say "it belongs tothe ity", that is
probably layman's language for the City's right to put street in there,
however, the fee ownership apparently lies with Mr. lard.
Mr. Pollard stated he, hopefully, intends to a on to his home and the only
way he can go is toward the easement. He st ed he explained this to the
Planning Commission and they could see no jections whatsoever.
Mr. Herrick stated a point that should be made clear is if the City is
maintaining utility Z*amennnot construct on that property.
Mr. Pollard stated Mcan reach his property off Matterhorn
Drive and can get tos lot on his own property.
Mr. Engebretson stan it isn' t practical to come in f rom
Matterhorn Drive istrees and bushes which would have to be
removedlilman
/
Counc' man Goodspeed to close the public hearing. Seconded by
tzpstrick. Upon a voice vote, all voting aye, Mayor Nee
motion carried unanimously and the public hearing closed at
Goodspeed stated he would like verification of the fact that this
as taken frau Mr. Pollard's lot and determine if the City has the
ive an easement over that property.
OLD BUSINESS:
2. ORDINANCE N0. 848 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS
AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE, RIVERWOOD MANOR,
CHARLES COOK
MOTION by Councilman Fitzpatrick to waive the reading of Ordinance No. 848
and adopt it on the second reading and order publication. Seconded by
Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
3. ORDINANCE NO. 849 RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 603 , ENTITLED
"INTOXICATING LIQUOR" BY ADDING SECTIONS 603 .05 , (10) AND 603 .23 , AND
RENUMBERING THE PRESENT 603.23 TO 603.24, AND FURTHER AMENDING CHAPTER 11 ,
ENTITLED "FEES":
Mr. Richard Pribyl, Acting City Clerk, stated �isord_dinance amendment
provides for pro-rating fees where there transfer of a license. He
stated the ordinance further provides the issuance of temporary on-sale
intoxicating liquor licenses t ivic organizations which have been in
existence for not less than ree years in the City. Me ordinance further
provides that only two licenses will be allowed in the same calendar
year with the f be $120 per request.
Counc' Barnette stated he received an inquiry where a class reunion
-4-
COUNCIL MEETING OF JANUNRY 6, 1986
pe ti ti one r had no glans for any building.
Mr. Herrick asked if the retention of the utility easement would be
consistent with Mr. Pollard' s plans for the property to which Mr. Flora
answered in the affirmative.
Mr. Engebretson, 5376 Matterhorn Drive, stated his property is adjacent to
Mr. Pollard's property and he has no objection to the vacation. He stated
his concern, however, is he is in the process ofme construction on his
property and, if this vacation is approved, he w sted to be sure he could
still receive access to finish his project. He Also felt he and Mrs. Niemi,
the other property owner involved, should have an easement for access to
their property with the proposal for vacation
Councilman Goodspeed stated he, Mr. Pollard nd Mr. Engebretson have been
discussing this matter. He st/theity
ows Mr. Pollard has no problem
whatsoever in letting Mr. Engebrtrucks in and out to finish his
construction project.
Mr. Qureshi, City Manager, statehas three choices which would be
to delay the actual processingacation until Mr. Engebretson' s
construction is completed; to vaone-half of the easement; or there
be a mutual agreement between thies that, if all the property is
vacated, the adjacent propertyins the right to use it in the
future.
Mr. Pollard stated he has no objection whatsoever to Mr . Engebretson
finishing his project, but wants to know what is going on. He also couldn't
understand why Mr. EngeTept
n and Mrs. Niemi wanted an easement. He stated
he does have a concern his property will look like in the spring with
all the truck traffic it. He felt it wasn ' t necessary for the
construction crew to dreir private vehicles over this easement and
would like the traffic o a minimum.
Mrs. Arlie Niemi, 5368 Matterhorn Drive, stated her only concern is if she
needed to use this parcel, in order to have repairs done on her property,
she could legally ve access to it.
Councilman Bar to asked if the easement had never been there, haw would
they receive a ss. Mrs. Niemi stated they would have to remove fencing in
order to serv' her property.
Mr. Herrick.' City Attorney, stated if the City doesn't have a street there,
the questipn is whether there is now any legal right of access. He stated,
as he undOrstands, she easement came from Mr. Pollard's property and, if it
is vacat�d, it reverts back to this property. He felt before the Council
makes a 'decision, it should be verified where this easement came from and,
under the existing circumstances, if the public has any right of access on
the ptoperty.
Mrs' Niemi stated, when she bought the property, this wanted to purchase the
p Mrs,'
proposed for vacation, but was told it belonged to the City and was
not available.
-3-
PLANNING DIVISION
ciTYOF �ORANDUM
FRl DLEY
MEMO TO: John Flora, Public Works Director
MEMO FROM: Jim Robinson, Planning Coordinator
MEMO DATE: December 10, 1985
REGARDING: Expediting SAV #85-07
Mr. Charles Cook is requesting that the City vacate a utility easement which
exist on the proposed Riverwood Estate Plat. The vacation is scheduled for
public hearing at the December 16, 1985 City Council meeting. The item has
successfully moved through Planning Commission and there are no utility
company concerns.
Part of the easement lies over the proposed Lot 9. The developer's plan is
to build his first structure, a model , on this lot as soon as possible.
In order to expedite the process it would be helpful to suggest to Council
they have the first reading of the attached ordinance on December 16, 1985.
In addition, we could allow Mr. Cook to start construction after the first
reading of the ordinance while we continue with our procedural requirements
of a second reading and publication of the ordinance.
JLR/dm
M-85-161
Attach.
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE
CITY CODE
The City Council of the City of Fridley does ordain as follows:
SECTION 1. For the vacation of a drainage and utility easement described as
follows: Vacate the drainage and utility easement over, across
and through the west 5 feet of Lot 1t �-
,--RiNtrwood—Ma kGr.
All lying in the south half of Section 10, T-30, R-24, City of
Fridley, County of Anoka, Minnesota.
Be and is hereby vacated.
SECTION 2. The said vacation has been made in conformance with Minnesota
Statutues and pursuant to Section 12.07 of the City Charter and
Appendix C of the City Code shall be so amended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF
1985
WILLIAM J. NEE - MAYOR
ATTEST:
RICHARD D. PRIBYL - ACTING CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Publication:
Riverwood Development Associates
12640 Grouse Street
Coon Rapids, MN 55433
12-08-85
City of Fridley
John Flora
6431 University Avenue 1
Fridley, NIN 55432
RE: Vacation request SAU ##85-07
Dear John Flora :
Regarding the utility easement vacation for Riverwood Park, I
have been instructed by Jim Robinson to request of you that both
the first and second reading of this vacation take glace at the
public hearing of 12-16-85 . It is important that this easement
vacation be complete and final along with the plat approval on
the 16th of December, because our builder intends to immediately
start a model home on the lot where the easement exists .
if you have any questions , feel free to contact me at 757-7568.
Sincerely,
Charles S . Cook
CITYOF
HaDLLY
CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450
Charles Cook CITY COUNCIL January 8, 1986
12640 Grouse Street ACTION TAKEN NOTICE
Coon Rapids, MN 55433
On January 6, 1986 the Fridley City Council officially approved
your request for a vacation, SAV #85-07 , to vacate the drainage and utility
easement over, across and through the west 5 feet and the north 5 feet of
Lots 1 and 2, Block 3 , Riverwood Manor.
with the following stipulations :
None.
If you have any questions regarding the above action, please call the Planning
Department at 571-3450.
Sincerely
/'James L. Robinson
Planning Coordinator
JLRJdm
Please review the noted stipulations, sign the statement below and return one
copy to the City of Fridley Planning Department by January 22 , 1986.
Concur with action taken