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LS86-02 ' Ci's Y OF FRIDLEY _. 3� 5431 UNIVERSITY A N.E. Lt FRIDLEY, MN 554 � LOT SPLI* )RM L.S. (612)571-3450 LOT SPLIT FEE OO PARK FEE RECE IPT # -/ SCHEDULED PLANNING C0Mr1ISSION MEETING DATE: ..2 SCHEDULED CITY COUNCIL MEETING DATE: 3 PROPERTY INFORMATION ADDS: /3 E115+ R' Ye rOaC�- LFSAL DESCRIPTION: LOT BLOCK TRACT/ADDITION PRESENT ZONING /t REASON FOR LOT SPLIT: A sketch of the property and the proposed lot split with any existing structures shown should accompany this application. C r pec �2 �t d u r'l ale �67� —Fz, v �-e- * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * OWNER INFORMATION 1!5&-o NAME iC ko--r-& MMIC ek PHONE # -'5 ZI 6 730 ADEREss `7/3l� /cd s+ ',�' Y p o�d , i "d I\i s's 3a SIGNATURE �i��GL/- b, �oDATE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PETITIONER INFORMATION NAME no-nu-1 PHONE # ADDRESS SIGNATURE DATE * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PLANNING COMMISSION APPROVED DENIED DATE CITY COUNCIL APPROVED DENIED DATE STIPULATIONS: • 0 LOr SPLIT APPLIChTION PR)CELIJRE 1. Obtain aFppl ica ti on form at City Hall (6431 University Avenue N.E. , Fridley) 2. Return completed application form with the required sketch of the property involved and the lot split fee cf $100.00 for each original lot being split. 3. The application will be checked aver by Staff and the caner may be r eq ui red to submit a Certificate of Survey containing a simple description of a Fart of a platted lot or registered lot, along with the new parcels created with all existing structures tied in. 4. The application will then be submitted to the Planning Commission for their recommendation. The Planning Ccmmission meets on the Wednesday following the City Council meeting, which is generally the first and third Wednesdays of the month. 5. The recommendations of the Planning Commission are submitted to the City Council for final action. If a Certificate of Survey wasn't required before, it will be required for this meeting. The City Council meets on the first and third Mondays of the month. 6. The City Council approval may be subject to certain stipulations which must be compiled with by the applicant. 7. If approved, the applicant sh al 1 then have the land involved in the lot spl i t surveyed. Upon receipt of the required Surveyor's Certificate, the Council shall pass a resolution approving the lot split. 8. After final approval, a oertified coFy of the resolution approving the lot split and a "Certificate of Status" form shall be attached to the notice of approval and forwarded to the applicant. The lot split, together with a oer ti f ied copy of the resolution and "Certification of Status" form, sh al l thereafter be recorded among the records of the County within one hundred eighty (180) days after the date of the resolution, unless a longer period of time is granted and provided for r eco r di ng at the time of approval. 9. In all cases where City Council action has been sought and denied, no petition for identical action can be presented until a period of six months has elapsed. NOTE: THE RESULTING REAL ESTATE TAS AND SPECIAL ASSESSMENM FOR THE NEW PARCELS IN TOML AFTER THE LOr SPLIT MAY FNCM) THE AMOM ASSESSED TO THE ORIGINAL ERRCEL. ZHE FINANCE DEERFM42U OF FRIDLEY MAY BE ABLE TO PROVIDE THE ESTDiATED ANDM OF ADDITIGNAL 7hXES OR ASSNS. Quit Claim Dd. Form No. 28-M. Millcr-Davis Co., Minnca��lis Individual to Corporation. Minncsou ConveyAncnIlAnk%&c% ,c_ 19761 741840 12th January................................, 19 8�......, i Tbiz 3f nbrnturt. .lifade this................................. dab of............................ between......RiCh ..JXdn..M.IQ ..and..Stlsan..P....MalPx ek....(Husband...&.Wife)....................................................... f ofthe County of..............Anoka......................................................and State of................Minnesota.................................................. part........... of the fir8t part, and.................City..of...Fridley................................................................................................................... municipal..........................................................................................................................................................................................................................., a corporation under the laws o the Stag o Minnesota.........................................., party of the second part, Po f f........... . i Witilegoetb, That the said parties... of the first part, in consideration of the sum of Qne...pol.1ax..... (.$.1.R.QQ).....dnd...other...Good...&...Valuable...0onsideration................................................DOLL.4RS, to............................................................in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, do............ hereby brant, 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.......................ASA}Cs............................................and State of .Minnesota, described as follows, to-wit: A 25 foot bikeway/walkway easement over the part of Lot 28, revised Auditor's Subdivision No. 77 lying easterly of a line parallel with and 25 feet westerly of, as measured at right angles to, the westerly line of East River Road as is now laid out and constructed. The City of Fridley hereby accepts this easement for bikeway/walkway purposes. SHIRLEY A. HAAPALA, CITY CLERK NO STATE DEED TAX REQUIRID •1 .� 7,o jbabe anb to �f)otb dje fpame, Tofether with all the h.ereditamcnI's arud appurtenances there- unto belonging or in anywise appertaining', to the scitl parte of the second part, its successors and assifns. Forever. In Teotimonp Wijereof, The said part y_ . oi- the first part has .- hereunto set.their. hand S fhe rlaJ and year first abort V'I'itfcn. r /j CJ�c y v' L Richard Dean Malecek _.-_....................................-...._.......... ....................... .. _. Susan P._Malecek __.. ... ... .................. _ _ - _.............. J Ask 6tate of lHinntgota, ,s Countyof Anoka........................................................ The foreeoi7la instrument it-as acknore•ledded before me this......`...day of. ..... ......... 19.8..7. Richard Dean M3lecek and Susan P. Mai: ,.,,.n...,... .... •M L1S �'� d & W e Armnn�Nwv.- / ....... .........._ ................................................ —�•, C'YS)E V. P/•OKAY^TZ (NAME OF PERSON ACK1 LEDGED) UOTARY 9UDLIC-01%9ESOTA ArwKACOUN11 ..............................__.................................................................. _......... I•. .. r ('IGNATURE OF PERSON TAKING ACKNOWLEDGMENT) �,�C.,mmi�sle:.,x,,:res tan.C7.1�Ei i n Jvw THIS INSTRUMENT WAS DRAFTED BY (TITLE OR RANK) City of Fridley ..................................... 6431 University AVenW-e)N.E. Fridley, M 55432 (Address) i I a) w 3 x v i U V va) 'a O. ?.! W � C AG is X `�'� �" _ p -� d i� p �V o � o y f O a 44 ZZ 001ACF;A -146-874122 X0.00 1 � 32 rim I CIWOF F14DLLY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 - PHONE(612)571-3450 February 12, 1986 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a request for a lot split, L.S. #86-02, by Richard Malecek, to split off the west 90 feet of that part of Lot 28, Revised Auditor's Subdivision No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315.64 feet west of the southeast corner thereof; (said southeast corner being on the centerline of East River Road) thence north at right angles to said south line to its inter- section with the north line of said Lot 28 and there terminating, the same being 7136 East River Road N.E. Anyone who wishes to be heard on this request can attend the Planning Commission meeting on Wednesday, February 26, 1986 in the Council Chamber of City Hall at 6431 University Avenue N.E. at 7 :30 p.m. PATRICIA GABEL CHAIRWOMAN PLANNING COMMISSION Z/3 a 3G' S F AL zy S 7 Jt).f f e .7 0 N7V ' . 726 . .: L O GANn 0 PKWY. 3 W JrJL USA � .F 7 r • , '� ` e' 1,J/,' t Y e,. ,• .,�y ,vs, �.�_ Z4 JZ3 /4'4 �I QO ti! l7 4`I Zd M Z_9 •iasis . 7 :. 71/7 �/,, 10m NR/ s791 •� 7/ 7 Q _. _.�dj.t 'B�•. ' IIS! .. a f, ���� 'c� i i q AL Iv Alpo _ rtr. •�, �. . �. . .• :C#*CI21 S_., �� c ^b ! v ,< / s-. ,. 1 T�I� `161 � , - �- 4�• __ ," 33 �, 30 t 37/x+ f ••'-:`,:w , t a• oc 7193 •.�...'.�.. W • -Q RI VER 0 00 , ,3 2 N,Ou,/ ,; :. : EL ERIE �,��' ri2 4 Mq NORM: w•'` 28 SCHO lar At. " cr _.� 7/19 W l= -y RE V/ SED ' f . 27 20 - � ,..+. a •,... !71 _4 4T���. _• =4 70'x'4 7y � 'U • t• Y tooMAR. I N's R/V HWOOI MA NOR .3 1 2 1 9 io�� // � /1 i3 /� � /5 ��•. /6� � N K Y' TERRACE Iv+ Il° 1�8 !3'a t i+c isc e o�• ,,. i .4 • DRIV A UD/ MRS .4ppe) 4r 4 UBD/ V/SON 1(Ds " L/ ST+ ' , v ^ J �. NO 77 w 70t' ' , � .. .�• 70TH WY M • Planning 2/13/86 34 Council MAILING LIST L.S. #86-02 Richard Malecek Richard Malecek 7136 East River Road Fridley, MN 55432 Wesley B. Garcia 7109 Ashton Avenue Fridley, MN 55432 Michael E. Corbett 7115 Ashton Avenue Fridley, MN 55432 Don N. McMillon 7119 Ashton Avenue Fridley, MN 55432 Timothy J. Edwards 7125 Ashton Avenue Fridley, MN 55432 John M. Kehner 7129 Ashton Avenue Fridley, MN 55432 Steven B. O' Quinn 7135 East River Road Fridley, MN 55432 School District 14 6000 West Moore Lake Drive Fridley, MN 55432 Ar 1� V 9, dei ALP V 1� xol� a via. t f � S TC -OF7-- OF LO T , I//S d J�cJ,p T /9 % M O/�T ZL r - S 7- C_U.P�!, j�/,�C-s- �,U )X7- 2: .�e��✓ k/t/ er07T- Z-07— .2 7T- 1 �o �7`-S /`1%j��'�G j l c�•1r GC>i r-i,� /-�f� /"�y/�T"/ P,eZ- 7 7 /�-G G L L.G T A) �1�r �� U7 y �/.vc G�� �i1 in 7'( Y �F C�9s7- _ / _ 1% /7- -S l PETITION FCz PPUBLIC UT"IT-Y INrRM1;-- :='2�TS 1 5 B • ` ' � 1►t::: PUBLIC STREETS T^ ?r. I►STRUCCTED BY THE CITY (F RIDIL:Ey "c the City Council of Fridley, Vinnesota: ':to Una. ersienec, 1 ) Charles S. Cook 2 ) independent School ::istrict #14 Carl Newouist, it's Attorney 3 ) Richard t•.alecek being the rrorerty owners of the following described property: re.1at cf al of lots 27, 20, 2n and 30, revised auditors su'h^ iyisior ex, ; '.:socks I and 2 rlatted as Riverwood Vanor. • ere:; ;e..4 ticrs teat s_r.itary and storm sewer, water, biturincuc � �-•`ice: streets , concrete curt and Futter and sewer and water servic,- c :-.-.e�ticrs fcr .`--I lets in Riverwccd Park, includir.r these lots on an—; .:a:•, be Provided by tl-e City or Fridley frc^ t�^F• ir : tcatiers tc accocodate the above reference:' rropertie:= , in :crc: q_ -cE -with t'--.e attached lro:csed flat. --dersir^ed, additional ' 1request t sar.itary sewer se vire or,.: y :r.-vide-,; tc t•r.e following descrihec r-t ^f ?ct revise- auditiors subdivision 477, lyinr easterly of tie .'old ^wiry ;;Escri`ec line : be€inning at a rcir.t or. t! a south line of let P° - :stent 315 .Et feet west of the southeast corner thereof, thence r,crt r:s=.t a^ries from said soul- line to it's intersection with t".e r,cr'.� . ine cf lot 2S and there terminating. This property shall he !,erea:'ter _ -ferret tc as the :;xcettion :orticn of Riverwood nark . - t is jn-erstood that the cost of said improverents will be asses sp- t^e above described Properties as outlined in Fir.nesc „-:1 t•:t •!er :. ,er 42 : .33. is - _sc understood Vat it is impossible at this ti!rp tc rive .I cr �e esti-. ate of the cost of the ir. proverer.ts 1-ereir. ;et i ti rn,. -t'. ; •• .'+.eve:, t�;e•: are hereby requested to be constructer' at V:e lcw'ert ccst cemensurate with prudent ! andlinr by the ^itv in 'c Lamers ' zneq re c:uest t-•Fat t!.e cost f or said irrrcveirertE7 ^^_ .E : ,n :assr,sed as fcI:cws : t:;e cost fcr new sar.itar:' sewer rar.^ .Ides fcr sari tart' sewer lateral lines currently ex i stint a1 cnr az.- aro' benefiting all of t^e above describe-.; -r• - �rt :es , be assessed eq::all as 'cllcws : 1 /317nc of total cost being assessed to each of t►-..e 31 lets c` �J tr:e l:epesec -ive:wceq Park and 1 /32nd of tc-tal cent beir_„- -d to *hat cart Previously referred to as t!-e Exception L•r,rtio- cf niverwooc�ar . The total cost for the remaining improvements and the cost for the water main laterals and storm sewer laterals currently existing alone_ 71st 'way and 71i Way shall be totaled and allocated 1/31st to eac} of the 31 lots of Riverwood Park. The Undersigned, being 1005 of the property owners who will benefit from said street, curb and gutter, sanitary and storm sewer and water main improvement project, hereby waives the right to a public hearing 15C for said improvementowhich is allowed under the ormal procedures set fcrth in Finnesota Statutes Chapter 429.00. 11: wHERECF, the owners hereto have hereunto set their hands this day of 1985. IN PRE'SENCE OF: c/ ar es S. Cook 'Indepeneent SchoolDistrict , 14 Carl rewcuist, it 's Attorney Richard Ma ece 15A CITY OF FRIDLEY PETITION COVER SHEET 23.19P5 Petition No. Date Received November 11, 1985 Object Sanitary and story* sewer, water, street surfacing, concrete curb ` and nutter, sewer and water service connections for Lots 27, 28, 29 and 30, Pevised Aud. Sub. €77, except Block 1 t 2 platted as Piverwood Manor (511*160) Petition Checked By Date Percent Signing Referred to City Council Disposition �0,14-7 �zlxav �4 -2 99 S Q� �QD�✓r .//V w/� u}Wb .97 35 40985 POLICY SOM29 P ON PRRR FEV ON LAND SOBDIVISICN Date In de term ini ng fair market value of public areas for land subdivision for cash payment as required by Ordinance #633, the following values will be used: Residential Subdivision $1,500.00 per lot Residential Lot Split $ 750.00 per lot Ccmmercial/Industrial Subdivision or Lot Split $ 0.023 per sq. ft. Ttis fee is to be paid at the time of final plat or lot split approval. The City Council may defer collection to the time a building permit is requested for individual lots created by such subdivision/lot split. The City retains the option to accept an equivalent amount in cash from the applicant for part or all of the portion required to be dedicated. PARS FEE A3a The undersigned understands that according to the City Platting Ordinance, the following public park land dedication is r eq ui red to plat residential, commercial or industrial zoned property. It is further understood that the public park land dedication or cash payment eq uiv it ent is at the discretion of the City. It is agreed that a cash payment of $� =' will be paid according to the above stated policy for the following subdivision/lot split. It is agreed that the following land dedication is provided according to the above stated policy for the following subdivision/lot split. Dedi ca ti on: Subdivision/Lot Split: The undersigned further agrees to notify all future property owners or assigns of t.ie cash payment requirement, if it is to be coliected at the time of issuance of a building permit. Date: (Property Owner Signature) r SPLANNING DIVISAN 8 0 u-rYOF MEMORANDUM FRiDLEY MEMO TO: Jock Robertson, Community Development Director John Flora, Public Works Director MEMO FROM: Jim Robinson, Planning Coordinator �0 MEMO DATE: April 29, 1986 REGARDING: Richard Malecek Lot Split, L. S. X86-02 On April 29, 1986 I received approval from Mr. Lee Anderson, the developer of the Riverwood Estates Plat, to split off a small portion of his lot which adjoins the Malecek lot split. The Anderson Lot, Lot 1 , Block 3, Riverwood Estates, would be reduced in size from roughly 9, 470 square feet to 8, 800 square feet. The portion to be added to the Malecek lot split is 670 square feet. The portion which will be split off from Mr. Anderson's lot and added to Mr. Malecek's lot will add additional side yard to Mr. Malecek' s lot and enable him to align his house more harmoniously with the right-of-way. This new lot line will also meld better with the Anderson lot in question. See attached sketch. As you may recall on March 17, 1986 the City Council officially approved the Malecek lot split. A stipulation that was added at that time was that the petitioner would work with the developer, Mr. Anderson, to obtain additional property along the westerly boundary line. At this time, Mr. Malecek will be presenting a certificate of survey which reflects this additional property. We will attempt to have a quit claim deed from Mr. Anderson and/or a letter indicating his intent to assign this property to Mr. Malecek for the City Council meeting on May 5, 1986. It would be appropriate for City Council to pass a resolution approving this lot split with the understanding that the Anderson lot is slightly less than 9,000 square feet. Staff will not stamp the resolution or deed until such time as the stipulations as outlined by City Council on March 17, 1986 are completed. In addition, the quit claim deed would need to be executed and ready for recording along with the lot split. It should be pointed out that Mr. Anderson was very cooperative in this effort and in fact is assigning this portion of property to Mr. Malecek at no cost. Mr. Anderson indicated his desire to maintain a close working relationship with the City as a primary reason for his cooperation. JLR/dm M-86-81 r r CI YOF MMLY CIVIC CF,NTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 Lee Anderson May 2, 1986 1431 105th Lane NW Coon Rapids, MN 55433 I, Lee Anderson, do hereby approve the reviewed survey. and the proposed Lot Split Certificate, and do agree to let Richard Malecek obtain Parcel C of that survey. It will be my understanding that Richard Malecek will prepare all of the necessary legal documents for transfer of ownership for parcel C. before the lot split is recorded. Lee Anderson Date r�e�� � � ��p��� � .� �}--�_ � ��-4.��'Y �►..� Jnr �,G-«.s � Am Ah mw mw . a PLANNING DIVISION cIn,oF MEMORANDUM HUDLEY J 1 J r�� CITY OF FRU DLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)571-3450 July 22, 1986 Chuck Cook 12093 Ilex Street Coon Rapids , MN 55433 Dear Mr. Cook: At your request I am writing to explain the City's position on two points related to Richard Malecek's lot split; assessments and the lot area of Lot 1 , Block 3, Riverwood Park. Mr. Malecek's two lots will be assessed for the street and utility improvements to Riverwood Plat in the following manner: Parcel A 1/33 cost of sanitary sewer Parcel B 1/33 cost of sanitary sewer 1/32 cost of water line 1/32 cost of street Regarding Lot 1 , Block 3, Riverwood Park, on May 5, 1986 the City Council approved the Malecek lot split with the understanding that the approximately 670 square feet of Lot 1 , Block 3, Riverwood Park split off as Parcel C and added to the Malecek Parcel B would reduce said Lot 1 to about 8,800 square feet. The transfer of th e Parcel C will take place when you and your development partners acquire Lot 1 , Block 3, Riverwood Park from the school district and prior to any building permits are issued for said Lot 1 . Attached is the survey which illustrates the proposed splits. I trust this information meets your needs. Sincerely, James L, Robinson Planning Coordinator cc: Richard Malecek Plat file John Flora Mark Burch C-86-320 CITY OF FPJDLLY CIVIC CENTER 6131 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 July 23, 1986 Richard Maleoek 7136 East River Road Fridley, MN 55432 Dear Mr. Malecek, I have some information that I would like to relay to you pertaining to our discussion earlier this week about your approved Lot Split. First, I talked to Jim Robinson about the letter he was sending to Chuck Cook. Enclosed please find a copy of this letter. I hope that this will help facilitate the development process. Second, I also talked to Mr. Robinson about what constitutes the "fair share" of street and utility assessments for your new lot. The enclosed letter addresses this question to a degree, however the exact collar figures have not yet been reached. whey should be coming shortly. I hope that this information will be of use to you. I will be keeping in touch so that this issue may be resolved to the satisfaction of all parties. If you have any questions, please feel free to contact me at the Fridley Civic Center, 571-3450, extension 166. 7hank you for your cooperation. Respectfully yours, 1 l Daryl Morey Planning Assistant C-86-3 21 I s s w 11 ,be- +r-) aimed tke assessMe_7t-J hear t vlj- o r\ SeT+. g J Z Woul8, afprec-to--k- Y-OcLr jo rWa*;A,.e hj- jf' x-'s (e.i4p-r -b +! \e- ae�roPr;a-le. C.;A--�- 0-3�v�cj-a-lj f-eoa-rAAvv nv,�f Corxc-&rK_S cry beim Asses ort r-,d lo+ sPI`+1 amd, rto+ A--(f 6©uj- k C).uc-k- Ceak) G e-o v3x- N el s o-Aj a.,1,L Lee_ fin&,s o r, - - We s4 -4e-cQ `I-e j W Dud 6e w%W y,-3 --1-o o Vey- ow i\e rs lamq U�- jl-'rce\ C , Z VVa X rt off- re cel veg a s�ate& aro l"V-\s cLouA".e-r,-+ a s o�f -t�,s cd,&.-e, -T ujoL-1A, I i ke A-o m.ke- sur-e—j i y\, *t%,e- even+ _ a4.vv -I-a rew�d -r- e- 1 o+ sal�+) *kx� -v4ve- a b e- d�srerYe� urx-,1 'Flee- lob- recoy-d,e-a. r �I • __ �- - _ __ _ __ � -- -- CITY OF FRIDLLY CIVIC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)5 1-3350 September 9, 1986 Chuck Cook 12093 Ilex Street Coon Rapids, W 1;5433 Dear Mr. Cook: At your request I am writing to explain the City' s position on two points related to Richard Malecek's lot split; assessments and the lot area of Tot 1. Block 3- Riverwood park. Mr. Malecek' s two lots will be assessed for the street and utility improvements to Riverwood Plat in the following manner: Parcel A 1/33 cost of sanitary sewer Parcel B 1/33 cost of sanitary sewer 1/32 cost of water line 1/32 cost of street Regarding Lot 1- Block 3- Riverwood Park, on May 5, 1986, the City Council approved the Malecek lot split with the understanding that the approximately 670 square feet of Lot 1- Block 3- Riverwood Park split off as Parcel C and addea to the Malecek Parcel B would reduce said Lot 1 to about 8. 800 square feet. It is understood that a variance for lot area is not necessitated due to this action. ne transfer of the Parcel C will take place when you and your development partners acquire Lot 1• Block 3 Riverwood Park frau the school district and prior to any building permits are issued for said Lot 1- Attached is the survey which illustrates the proposed splits. T trust this information meets your needs. Sincerely, James L. Robinson Planning Coordinator cc: Richard Malecek Plat file John Flora Dark Burch C-86-320 L.ftnoC.P.vga7� does �` oaf r��'►-� February 26, 1987 Lee Anderson 1431 - 105th Lane N.W. Coon Rapids, MN 55433 Dear Mr. Anderson: I am writing to you to confirm the City's position related to a lot split by Mr. Richard Malecek located at 7131 East River Road N. E. During the lot split proceeding, the City Council recommended that Mr. Malecek work with the adjacent property owner (Lot 1, Block 3, Riverwood Park) in order to acquire a sliver of land, approximately 670 square feet. 9his piece would be added to the Malecek parcel in order to create a more harmonious alignment with the new street, Riverwood Drive N. E. In working to carry out the City Council ' s request, I contacted Mr. Chuck Cook and Mr. George Nelson, the original contract purchasers in relation to this piece. Both Cook and Nelson agreed that this piece could be split off and added to the Malecek lot split. It is my understanding that you are in possession of a document drafted by Mr. Malecek' s attorney which does in effect promise the conveyance of this piece at such time as you receive clear title. I was told that this document has been signed by both Mr. Cook and Mr. Nelson and awaits your signature. On April 29, 1986 you also agreed to convey this piece to Mr. Malecek at such time as you have clear title. It is our hope that this issue can be resolved quickly and as was originally promised to the City. I have given you the name of Mr. Harris Raynayake who is interested in purchasing the Maleoek lot and adjoining sliver. Sincerely, Jim Robinson Planning Coordinator JLR/dm C-87-87 i W PLANNING DIVISION i MEMORANDUM CITY Of f Rl DLEY DATE: September 6, 1989 TO: Virgil Herrick, City Attorney FROM: Barbara Dacy, Planning Coordinator SUBJECT: Conveyance of a Portion of Lot 1, Block 3 , Riverwood Park On May 5, 1986, the City Council approved a lot split for property legally described as a part of Lot 28, Revised Auditor's Subdivision No. 77, lying between East River Road on the east and recently platted Riverwood Drive on the west (see location map) . Attached is the City Council minutes from that date. One of the stipulations (#7) was that "the petitioner work with the developer to obtain the additional property along the westerly boundary line" . The purpose of obtaining the additional property from Lot 1, Block 3 , Riverwood Park, was to provide for more frontage for the newly created lot. The survey in the file indicates that the area totals approximately 670 sq. ft. and is triangular in shape. The petitioner for the 1986 lot split was Richard Malecek. The first contract purchaser on the adjacent property according to our files was Chuck Cook. The second contract purchaser was Lee Anderson, a builder. Tollefson Construction owns Lot 1, Block 3 . Tollefson Construction has scheduled a closing with the new owner of the new home at Lot 1, Block 3 (7133 Riverwood Drive) , and intends to close the third week of September (September 22) . The current adjacent property owner at 7131 is Harris Raynayake. He has contacted me and wants to have the triangular piece of property added to his description as originally required. However, the new property owner at 7133 (David Tuenge) does not want to convey it without compensation. It was Mr. Raynayake's understanding that he would receive the land without any charge. Please advise us on the following issues: 1. Can we require Tollefson Construction to convey the 670 sq. ft. triangle from 7133 to 7131 Riverwood Drive? 2 . Does the City's stipulation negate the necessity for compensation or is it silent on the issue of compensation? 3 . Are we liable for any costs incurred with this transaction? Conveyance of a Portion of Lot 1, Block 3 , Riverwood Park September 6, 1989 Page 2 I have attached copies of important documents from our files for your information. BD: ls M-89-529 rA/ COMM SSI ON APPLICATION REVIEW / Department Number File Date Meeting Date CITYOF Planning 3 2/10/86 2/26/86 FRIDLEY File Address/Do script OnL.S. #86-02 COMPLETE REVIEW CHECKLIST 7136 East River Road Mal ecek RETURN TO PLANNING 5iji M COMMENTS s, eT� �Ly91 15- [21 J 0 H N � - ► s�. 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OQ UIST, SECONDED BY MR. MINTON, TO RECOMMEND TO CITY COUNCIL APPROVAL OF PRELIMINARY PLAT, P.S. X186-01 , BY VANTAGE CO ANTES, INC.: VANTAGE COMPANY'S ADDITION, BY VANTAGE COMPANIES, INC. BEING A REPLAT OF THE SOUTHERLY 452.64 FEET OF ALL THAT PART OF THE SO .EST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, T-30, R-24, ANOKA C TY, MINNESOTA, LYING WESTERLY OF STATE TRUNK HIGHWAY 47, TO BE USED AS SHOPPING CENTER, THE SAME BEING 8100 UNIVERISTY AVENUE N.E. , WITH THE OLLOWINC STIPULATIONS: 1. PLAT TO BE RECORDED PRIOR TO REZONING ING RECORDED. 2. ADDITIONAL RIGHT-OF-WAY TO BE PROVIDE CONSISTENT WITH STREET IMPROVEMENTS--THAT RIGHT OF WAY TO 7 FT. ALONG THE FRONTAGE ROAD AND 20 FT. ALONG 81ST AVE. 3. DRIVEWAY ONTO 81ST AVENUE TO BE DENED TO THREE LANES. 4. DRIVEWAY ONTO THE SERVICE ROAD O BE TEMPORARY, PERMANENT DRIVEWAY TO BE LOCATED NORTH O CURVE WITH PHASE II CONSTRUCTION. 5. PARK FEE CONSISTENT WITH ARE OF LOTS ON FINAL PLAT TO BE PAID PRIOR TO RECORDING. UPON A VOICE VOTE, ALL VOTING AYE CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this item wo d go to City Council on March 17. 2. CONSIDERATION OF A LOT SPLI , L.S. #86-01 , BY THOMAS BLOMBERG: Split off the south one ha7f of' Lot 4, Block 32, Hyde Park, together with the east one half of the djacent vacated alley and add to Lot 5, Block 32, Hyde Park, to create angle family residence, and split off the north one half of Lot 4, Blo 32, Hyde Park, together with the east one half of the adjacent vacated ley and add to Lot 3, Block 32, Hyde Park, to create a single family resi ence, the same being 5738 - 7th Street N.E. Mr. Robinson stat this property was located west of 7th St. and north of 57th Place, and involved three 44 ft. lots. The property was zoned R-1 as was most of the surrounding area. The proposal was to take the three lots and create two 66 ft. lots. Mr. Robinso stated Staff was recommending the following stipulations: 1 . isting house to be removed prior to issuance of a building ermit. 2. Park fee of $750 to be paid prior to issuance of a building permit. Lot split to be recorded prior to issuance of a building permit. 4. variances for lot area from 9,000 sq. ft. to 8,905 sq. ft. and lot width from 75 ft. to 66 ft. to be approved with lot split. 1 • • Y PLANNING C0144ISSION MEETING, FEBRUARY 26, 1986 PAGE 4 Mr. Robinson stated that in this neighborhood, in general , there wer quite a few 65 ft. lots. Mr. Oquist stated that in looking at the footprint, it appea d that the proposed structure would meet all the setbacks, so the on variances required were those outlined in the stipulations. Mr. Robinson stated that was correct. By code the variances may be approved with the lot split. MOTION BY MR. SABA, SECONDED BY MR. WELLAN, RECOMMEND TO CITY COUNCIL APPROVAL OF IAT SPLIT REQUEST, L.S. #86-01, BY THOMAS BLOMBERG, TO SPLIT OFF THE SOUTH ONE HALF OF LOT 4, BLOCK 32, DE PARK, TOGETHER WITH THE EAST ONE HALF OF THE ADJACENT VACATED ALLE AND ADD TO LOT 5, BLOCK 32, HYDE PARK, TO CREATE A SINGLE FAMILY RESIDENC , AND SPLIT OFF THE NORTH ONE HALF OF IAT 4, BLACK 32, HYDE PARK, TOGE ER WITH THE EAST CNE HALF OF THE ADJACENT VACATED ALLEY AND ADD TO LOT , BLOCK 32, HYDE PARK, TO CREATE A SINGLE FAMILY RESIDENCE, THE SAME ING 5738 7TH STREET N.E. , WITH THE FOLLOWING STIPULATIONS: 1. EXISTING HOUS TO BE REMOVED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 2. PARK FEE OF 750.00 TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT. 3. LOT SPLI TO BE RECORDED PRIOR TO ISSUANCE OF A BUILDING PERMIT. 4. VARIAN S FOR LOT AREA FROM 9,000 SQ. FT. TO 8,905 SQ. FT. AND LOT IDTH FROM 75 FT. TO 66 FT. TO BE APPROVED WITH LOT SPLIT. UPONA V CE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRY UNANIMOUSLY. Gabel stated this item would go to City Council on March 17. 3. CONSIDERATION OF A LOT SPL L.S. #86-02 BY RICHARD MALECEK: Split off the west 90 feet of Lot 28, Revised Auditor's Sub- division No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315.64 feet west of the southeast corner thereof; (said southeast corner being on the centerline of East River Road)thence north at right angles to said south line to its inter- section with the north line of said Lot 28 and there terminating, the same being 7136 East River Road N.E. Mr. Robinson stated this was the exception property of the Riverwood School Plat. The property was located north of 71st and west of East River Road. It was zoned R-1 as was the surrounding area. The proposal was to split off the westerly 90 ft. creating a new lot in excess of 10,000 sq. ft. The new lot would meet all code requirements, and would have access onto the new Riverwood Drive. Mr. Robinson stated Staff was recommending the following stipulations : PLANNI14G COMMISSION MEETING, FEBRUARY 26, 1986 PAGE 5 1 . Provide City .with a 25 ft. bikeway/walkway easement along East River Road. 2. New house front yard setback to follow curve of street. 3. Split to be recorded prior to issuance of building permit. 4. Park fee of $750 to be paid prior to building permit. 5. Private utility easement to be provided across northerly 15 ft. of new lot. 6. Petitioner agrees to fair share of street and utility assess- ments for new lot. MOTION BY MR. SABA, SECONDED BY MR. OQUIST, TO RECOMMEND TO CITY COUNCIL APPROVAL OF LOT SPLIT, L.S. #86-02, BY RICHARD MALECEK, TO SPLIT OFF THE WEST 90 FEET OF THAT PART OF LOT 28, REVISED AUDITOR'S SUBDIVISION NO. 77 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT28 DISTANT 315.64 FEET WEST OF THE SOUTHEAST CORNER THEREOF; (SAID SOUTHEAST CORNER BEING ON THE CENTERLINE OF EAST RIVER ROAD) THENCE NORTH AT RIGHT ANGLES TO SAID SOUTH LINE TO ITS INTERSECTION WITH THE NORTH LINE OF SAID LOT28 AND THERE TERMINATING, THE SAME BEING 7136 EAST RIVER ROAD, WITH THE FOLLOWING STIPULATIONS: 1. PROVIDE CITY WITH A 25 FT. BIKEWAY/WALKWAY EASEMENT ALONG EAST RIVER ROAD. 2. NEW HOUSE FRONT YARD SETBACK TO FOLLOW CURVE OF STREET. 3. SPLIT TO BE RECORDED PRIOR TO ISSUANCE OF BUILDING PERMIT. 4. PARK FEE OF $750 TO BE PAID PRIOR TO BUILDING PERMIT. 5. PRIVATE UTILITY EASEMENT TO BE PROVIDED ACROSS NORTHERLY 15 FT. OF NEW LOT. 6. PETITIONER AGREES TO FAIR SHARE OF STREET AND UTILITY ASSESS- MENTS FOR NEW LOT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Gabel stated this item would go to City Council on March 17. 4. DISCUSSION ON NORTH PARK STORM DRAINAGE ISSUES - JOHN FLORA: Ms. Gabel stated that because of developments prop in the north area, the Planning Commission has been concerned abo hat happens with the water flow after development. It seemed that wh here was a significant amount of development, strange things happened the water flow in Stonybrook Creek and other creeks in the area, and t did not understand why. Mr. Flora stated that prior 1982, there was only one organization responsi- ble for managing surface ter in the City, and that was the Rice Creek Water- shed District. The C' y has always been attempting to standardize the system within the City so at when they talk to developers and look at improving properties , the are consistent within the City. So, they really haven't looked at an ing different from the Rice Creek Watershed District areas and the other eas in the City. They have always administered storm water and surface ater in the same way. Principally, they have taken the approach that in developing property, the run-off from that property after development PLANNING COMMISSION MEETING, FEBRUARY 26, 1986 PAGE 6 should be no different than it would before the development occurre . That means , no greater water running off and no less quality. Basical 0, that meant that when something was developed, water ran off much fas r and had to be detained for a certain period of time so the normal flow wo d be slowed down. They also require that all contaminants be kept on th property. So, for most developments, other than residential homes, t City requires them to take into account the increase and any affect on torm water. Mr. Flora stated that usually requires that the devel er have some type of retention pond--some place where the water can be h d for a period of time, so the water is not proceeding any faster to the n xt door neighbor than it would have before development. A weir basica y filters off materials that are accumulated on the hard surface (paper , floatables, etc. ) , so that when water leaves the property, it is essenti ly the same quality as it was before development. Mr. Flora stated part of the problem toda in Fridley is that most of the City has been developed. He stated that above 79th, there are still quite a few empty lots, and they are focusing that area as it was being developed. Those areas are also now under the co trol of what is called the Six Cities Watershed Management Organization. n 1982, the Legislature passed what they called a 509 Statute which said th all the seven counties in the metropolitan area will have a storm water surf ce water management organization. This was eventually narrowed down to e Cities of Fridley, Blaine, Coon Rapids, Spring Lake Park, Columbia Hei ts, and Hilltop, which, through a joint powers agreement, established the Si Cities Watershed Management Organization. It has now been three years sin e that organization was established. Mr. Flora stated they are lmost to the point where they have a Water Manage- ment Plan prepared to be ubmitted to the Water Resources Board, DNR, Metro- politan Council , and of r cities for review and, hopefully, adoption. Once that plan has been ado ed, then each city will begin implementing policies and procedures in con f rmance to the plan. In essence what that plan will say was that each city w' 1 do its own thing with water as long as it does not hurt the cities when it osses a boundary line. If it does, then the cities have to get together an work out a mutual solution. All the cities are basically adopting the same rinciple--that water should not leave a site in any greater or worse conditi than it was before development. Hopefully, their plan will be processed an submitted with the next few months. Mr. Flora sta ed that in the area north of 79th, the biggest open area, of course, was e Springbrook Nature Center. He stated Coon Rapids has a big industrial ark development, Evergreen Park, just north of the nature center. Coon Rapid is very interested in putting a lot of industry into that area. But, by d ing that, they want to maximize the property and they don't want to put a to of land into ponds. By the same token, the nature center has a marshy swampy rea which they would like to make into a deep water pond that will attrac water fowl and maintain fish and wildlife throughout the year. ' • • COUNCIL MEETING OF DDMUr R 16, 1985 M>T1DN 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 t e motion carried unanimously, and the public hearing opened at 8:09 p. . Mr. Flora, Public Works Director, stated this is request by Mr. Cook to vacate a drainage and utility easement, whi exists on his proposed Riverwood Park plat, so he can develop the to separately. Mr. Flora stated the utility companies hav indicated they have no problem with this vacation request. Mr. Maleoek, 7136 East River Road, st ed he wasn't notified of any meetings regarding Mr. Cook's plat and Counci will now be considering the final plat this evening. He stated he wanted o know how this vacation would affect his property. Mayor Nee stated the Counci wouldn't want to vacate an easement that wouldn't allow Mr. Malecek t connect to sewer and water. Mr. Herrick, City Attorne , stated if he understands correctly, Mr. Cook and Mr. Malecek have reached agreement regarding access to the sewer system. Mr. Cook stated the ea ent he is granting is for utility purposes, but that he would be reta' 'ng the roadway easement. Mr. Malecek stated, at this point, he would ask Council not to approve the vacation until he inds out how he is affected. Mr. Herrick sta d the Council can continue the public hearing or close the hearing, but take any action until you get some feedback from staff on the questions raised. Mr. Flora ated, both Northwestern Bell and Northern States Power, stated this vaca on wouldn't affect the service to Mr. Mal ecek's property. There i further discussion which relates to the plat which is covered under coni ration of the final plat of Riverwood Park by Mr. Charles Cook. MDT by Councilman Fitzpatrick to close the public hearing. Seconded by Cb cilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared motion carried unanimously and the public hearng closed at 8:32 p. m. LD BUSINESS: 2. CONSIDERATION OF FIP. 85-0 RWOOD PARK BY CHARLES S. COOK: Mr. Flora, Public Works Director, stated this is the final plat for Riverwood Park submitted by Mr. Charles Cook. Mr. Flora stated the plat calls for the division of three blocks into a total of 31 single family lots. Be stated all lots meet code requirements and range from 9 ,000 to 17,000 square feet. -3- ` i COUNCIL FETING OF OCEMBER 16, 19$5 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) petitioner work with Engineering to develop a storm drainage plan. Mr. Maleoek, 7136 East River Road, stated he had not received any notices regarding this plat, but did receive a letter informing him how his property would be affected. Mr. (bok stated he met with Mr. Malecek during the early stages of the platting process and they had discussion about the incorporation of his property into this plat. He stated Mr. Malecek had stated it was not economically feasible for him at this time, however, he wished access for the water and sanitary service only and sided such a petition. Mr. Qureshi, City Manager, stated the question is whether Mr. Malecek wishes access onto Riverwood Drive in the event he would want to split his property. Mr. Maleoek stated he understands there would be a 25 foot easement along the back of his property on which Mr. Gook will own easement rights. Mr. Herrick, City Attorney, stated it seems the owners of the two exceptions in the plat, Mr. Malecek and Mr. Nisley, are not fully aware of the possibility they won't have access to Riverwood Drive and he recommended a meeting with all the parties before Council takes action to finalize the plat. Mr. Qureshi, City Manager, stated the owners of the exceptions in the plat have two choices. They can participate in the plat by sharing in the cost of the improvements based upon a 75 foot frontage for the utilities and the roadway or the City can bear the cost of these improvements which would be held in abeyance until such time as the owners split their lots. He stated if and when they split their lots, they would pay the improvement costs plus interest, however, if the lot was never split, there would be no costs to then. Mr. Nisley, 105 71-1/2 Way, felt the easement line should be moved to the street so he would have a right-of-way to his property. Mr. Herrick felt some thought should be given about access for these two property owners. Mr. Qureshi stated Mr. Malecek petitioned for the sewer so he would pay his share for this service, however, assessments for the water and street could be deferred until such time as Mr. Malecek wishes to split his lot. 1 Mr. Maleoek asked when they would know what the charges would be for the improvements. He was advised that these would be covered in an assessment hearing. -4- 0 d� COUNCn ► �rTta(' o 16, 1985 MDTION by Councilman Fitzpatrick to approve the final plat, P. S. #85-06 , Riverwood Park, by Charles S. Cook, with the following 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) petitioner work with Engineering to develop a storm drainage plan. Seconded by Councilman Schneider. Mr. Flora, Public Works Director, stated the access easements would be ganged to a public right-of-way, and incorporated into the plat. UPON A VOICE VOTE TALI CN -IiE ABOVE MOTION, ALL VOTED AYE, AND MAYOR NEE DECLARED THE M�TIDN CARRIED UNANIM)USLY. 3. CONSIDERATION OF TRANSFER OF CONTROL OF STORER COMMUNICATIONS. INC. TO SCI HOLDINGS, INC.: Mr. Flora, Public Works Director, stated the City has not ceived the agreement frcln Storer so requested the item be tabled. MOTION by Councilman Barnette to table this item unt' receipt of the agreement. Seconded by Councilman Schneider. Upon a v oe vote, all voting aye, Mayor Nee declared the motion carried unanimousl . NEW BUSINESS: 4. CONSIDERATION OF FIRST READING OF AN ORDINANCE ER SECTION 12 .07 OF T CITY CHARTER TO VACATE sTgEETS AND ALLEY A TO AMEND APPENDIX C OF T E CITY CODE: Mr. Flora, Public Works Director, stat if the Council wished not to vacate the north five feet of Lots 1 and 2 Block 3, Riverwood Manor, he would suggest this part be deleted from ordinance. MOTION by Councilman Fitzpatrick to waive the reading and approve the ordinance upon first reading, ith the deletion of the following words: "and the north 5 feet of Lot and 2, Block 3, Riverwood Manor." Seconded by Councilman Barnette. pon a voice vote, all voting aye, Mayor Nee declared the motion carri unanimously. 5. RECEIVI14G THE MINUTES THE PLANNING COMMISSION MEETING OF DECEMBER 1985: A. OONSIDERATIO OF PECLAL U PERMIT SP #85-14 TO ALLOW CDMBINATIO OF OFFICE RETAIL AND RE IDENI'AIL USES WITHIN 0 BUILDING 214 AND 248 MISSISSIPPI SIREET N.E.j. BY LOU LUNDGREW Mr. Flora, is Works Director, stated this is a request for a special use permit to allow any combination of office, retail and residential uses within ne buiding at 214 and 248 Mississippi Street. He stated the Pl ' g Coymission recommended approval of this special use permit with sti ations that a drainage and landscaping plan be provided, all phases of th development be oonsistent with the downtown motif, the special use -5- COUNCIL MEETING OF MARCH 17, 1986 MOTION by Councilman Goodspeed to waive the second reading of Ordinance No. 855 and adopt it on the second reading and order publication. SZ Councilman Fitzpatrick. Upon a voice vote, all voting aye, declared the motion carried unanimously. NEW BUSINESS: 4. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF F 1986: A. CONSIDERATION OF IAT SPLIT REQUEST, L.S. 86-01 ENERALLY LOCATED AT 5738 -7TH SrREET .E. BY THOMAS ERG: Mr. Flora, Public Works Director, stated this is request to combine three 44 foot lots and split them into two 66 foot s for property located west of 7th Street and north of 57th Place. He ated the code calls for a lot area of 9,000 square feet and a lot wid of 75 feet so variances would be necessary if the lot split is approv He stated the lots would be 8,905 square feet and 66 feet wide, haw there were quite a few lots in the neighborhood 65 feet wide. Mr. Flora stated the Plann' Commission recommended approval of the lot split with four stipula ' ns which he outlined. MOTION by Council Goodspeed to approve lot split, L. S. #86-01 , with the following sti ons: (1) Existing house to be removed prior to issuance of a buildin rmit; (2) Park fee of $750 be paid prior to issuance of a building rmit; (3) Lot split to be recorded prior to issuance of a buildin rmit; and (4) Variances for lot area from 9 ,000 square feet to 8,90 uare feet and lot width frau 75 feet to 66 feet are approved with thn' lot split. Seconded by Councilman Barnette. Upon a voice vote, all oting aye, Mayor Nee declared the motion carried unanimously. B. CONSIDERATION OF TUT SPLIT REQUEST, L.S. #86-02, GENERALLY LOCATED AT 7136 EAST RIVER ROAD N.E. , BY RICHARD MALECEK: Mr. Flora, Public Works Director, stated this is a request for a lot spl it of the exception property to the Riverwood School plat. He stated the property is located north of 71st and west of East River Road. Mr. Flora stated the proposal is to split off the westerly 90 feet creating a new lot in excess of 10,000 square feet, with access onto the new Riverwood Drive. Mr. Flora stated the way the property lines were drawn means the front of the property is facing on neighboring property lines. He felt if a triangular piece of property could be provided for this lot split, there would be a front yard on Riverwood Drive. Mr. Malecek stated he has talked to the developer, Mr. Cook, and he has a partner involved, as well as a builder, who would have to approve of his obtaining this triangular piece of property. He felt it may be difficult for him to acquire the property. -3- COUNCIL MEETING OF MARCH 17, 1986 Mr. Flora stated the Planning Commission has recommended approval of the lot split with six stipulations which he outlined. He stated in stipulation No. 5, 15 feet should be changed to 10 feet. Mr. Qureshi felt a stipulation should also be added to make the triangular piece a part of this lot split and the property owner should wprk with the developer to acquire this property. MOTION by Councilman Fitzpatrick to approve lot split, L.S. #86-02, with the following stipulations: (1) City be provided with a 25 foot bikeway/walkway easement along East River Road; (2) New house front yard setback to follow curve of the street; (3) Lot split to be recorded prior to issuance of a building permit; (4) Park fee of $750 be paid prior to issuance of a building permit; (5) Private utility easement to be provided across northerly 10 feet of the new lot; (6) Petitioner agrees to fair share of street and utility assessments for the new lot; and (7) Petitioner work with the developer to acquire the triangular piece of property, if possible. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of February 26, 1986. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF MODIFICATON TO THE 1986 COMMUNITY DEVELOPMENT BLACK GRA BUDGET REQUEST TO ALLOW FOR FUNDING OF LOCKE HOUSING RESTORATION: Mr. Flora, Public Works Director, stated the City received a r est from the North Suburban Center for the Arts (NSCA) for a $10,000 co ibution for restoration of Locke House on East River Road. Mr. Flora stated in January, 1986, the NSCA reached agreement with the County regarding restoration and occupancy of e Banf ill Tavern/Locke House, and a stipulation of the agreement obli es them to raise $50,000 by January, 1987 to be used in the historic re ration of the structure. Mr. Flora stated staff has checked wi the County and received a positive response as to the appropriatenes f using CDBG funds for this historic restoration project. He state if the Council decides to appropriate CDBG funds toward this project, ould be necessary to send an amended request to the County before th ' pril 8 public hearing. Mr. Harry Rosenba Chairman of the NSCA Fund Raising Drive, stated this structure is th irst tavern in the State of Minnesota still located on its original sit He stated the building is over 100 years old and the County is alrea arting operations to preserve it. He stated it is their hope to m is a useful arts center. He stated they expect a good deal of 1 participaton from businesses and the senior citizens. Mr. Rosenbaum ted they have already had inquiries from businesses regarding use of the rooms for meetings. -4- 1 • • COUNCIL MEETING OF MAY 5, 1986 along East River Road, south of 1-694. Ms. Sherrill Kuretich, legal counsel for the developers, Sam Marf field and Ken Belgarde, stated they propose to construct two additional buildings under Phase III of their project. She stated Phase I has been completed and construction has begun for Phase II. Ms. Kuretich stated under Phase III of the project, B ildings No. 5 and 6 would be constructed involving 112,000 square feet of office and warehouse facilities. Ms. Kuretich presented a site plan shing these buildings and explained the materials used in construction. She7sstated the sites would be heavily landscaped and loading docks would be hidJen frau public streets. Ms. Kuretich stated they are requesting a preliminary resolution in support of these industrial revenue bonds.. She stated each issue requested is for $6,000,000, however, it may be necessary to; increase these amounts. She stated, if the bonds are increased less tho 10%, it would not be necessary to go through the public hearing procedure again. Ms. Kuretich stated it is estimated approximately 425 new jobs will be created when Phase III is completed, w'th an annual payroll of $6.8 million. She stated it is projected that this nsion will generate $312,000 a year in additional taxes. Ms. Kuretich stated they are aware they must compete at the State level for bonding authority and understand uch an alloction may not be granted. She stated the developers are willin to take the risk and apply for the bond allocations. Ms. Kuretich thanked the Ci staff for their cooperation and assistance in working with the developers Mr. Qureshi stated hew ed to make sure the developers are aware there is no guarantee they would. receive this funding. Ms. Kuretich stated they realize this fact and ow their funding may be pre-empted, depending on other priorities. No persons in the udience spoke regarding these proposed bond issues. MOTION by Councilman Fitzpatrick to close the public hearings. Seconded by Councilman Go4peed. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearings closed at 8:,17 p.m. OLD BU I 5. CONSIDERATION OF A SPECIAL USE PERMIT, SP #86-02, TO ALLOW A MOTOR VEHICLE FUEL AND OIL DISPENSING SERVICE AND A MOTOR VEHICLE WASH ESTABLISHMENT, GENERALLY LOCATED AT 5300 CENTRAL VENUE N.E. , BY 0 PETROLEUM: Mrl Qureshi, City Manager, stated it was hoped there would be a signed of reement between Q Petroleum and the Embers Restaurant. He stated such an -5- COUNCIL MEETING OF MAY 5, 1986 agreement was promised, but it is unfortunate that nothing has been received. He stated he would recommend this item be tabled until there is a sided agreanent with both parties involved. MDTIDN by Councilman Goodspeed to table this item to May 19, 1986. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting �ayeeMayor Pro Tan Schneider declared the motion carried unanimously. Mr. Rod Brannon, 1622 Innsbruck Parkway, requested info ation on the plan for this property well in advance of the meeting. Mr. Qureshi stated all information the City had to date was provided. He stated some modificaions were to be presented, however, these were not received. 6. CONSIDERATION OF A VARIANCE REOUST, VAR #86-03, TO REDUCE THE REQUIRED LOT SIZE, REDUCE THE FRONT YARD SETBCK, REDUCE THE REAR YARD SETBACK, REDUCE THE _DRIVL1,YVPARK ING SETBACK, GENERALLY LOCATED AT 5300 CENTRAL AVENUE N.E. , BY Q PETROLEUM: MOTION by Councilman Fitzpack to table this item to May 19, 1986 . Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Pro Ten Schneider declared the motion carried unanimously. 7. CONSIDERATION OF APPOINTMENTS TO COMMUNITY DEVELOPMENT, ENVIRONMENTAL QUALITY, AND HUMAN RESOURCE COMMISSIONS: AND / 7A. RECEIVING LETTERDF RESIGNATION FROM JEAN GEROU, APPEALS COMMISSION: MOTION by CouncS�ilman Fitzpatrick to receive the letter of resignation from Jean Gerou, Appeals Commission. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried nimously. MOTI by Councilman Fitzpatrick to table the appointments to the Co ssions to May 19, 1986. Seconded by Councilman Goodspeed. Upon a v 'ce vote, all voting aye, Mayor Pro Tan Schneider declared the motion rried unanimously. 8. CONSIDERATION OF A LOT .SPLIT REC)UEST, L.S. #86-02, TO SPLIT OFF THE WEST 90 FEET OF PART OF TAT 28 , REVISED AUDITOR' S SUBDIVISON NO. 77 TO CREATE A SEPARATE LOT GENERALLY LOCATED AT 7136 EAST RIVER ROAD N.E. , BY RICHARD MALECEK: Mr. Flora, Public Works Director, stated there was an outlot when the Riverwood Elanentary School property was platted, and the owner of this outlot has requested a lot split. Mr. Flora stated the petitioner wishes to split off the west 90 feet of his lot to provide a buildable lot off Riverwood Drive. He stated the property owner has worked with the developer in order to provide a triangular piece of property for more frontage for this lot. He stated the portion to be added to Mr. M3lecek' s lot split is 670 square feet which will provide for a more harmonious alignment with the -6- L COUNCIL MEETING OF MAY 5, 1986 right-of-way. Mr. Flora stated with this 670 square feet added to Mr. Malecek's lot, it reduces the size of Mr. Anderson' s lot from about 9 ,470 square feet to 8,800 square feet. Mr. Flora stated there were six stipulations attached to this lot split and staff had added that the petitioner was to work with the developer to obtain the additional property along the westerly boundary line and for the petitioner to provide a hard surface driveway to the existing house. Mr. Malecek stated he was made aware of the stipulation for the hard surface driveway last Friday and requested the lot split be approved, without this stipulation. He stated he didn't understand why it should be tied to the lot split. Mr. Qureshi, City Manager, stated the hard surface driveway is a City Code requirement and felt it would be appropriate at this time for Mr. Malecek to provide the driveway. NDTION by Councilman Fitzpatrick to approve lot split, L.S. #86-02, with the following stipulations: (1) City be provided with a 25 foot bikeway/walkway easement along East River Road; (2) New house front yard setback to follow the curve of the street; (3) Lot split to be recorded prior to issuance of a building permit; (4) Park fee of $750.00 is to be paid prior to issuance of a building permit; (5) Private utility easement to be provided across the northerly 10 feet of the new lot; (6) Petitioner agrees to fair share of street and utility assessments for the new lot; and (7) Petitioner work with the developer to obtain the additional property along the westerly boundary line. Seconded by Councilman Goodspeed. Councilman Schneider asked Mr. Malecek if he could provide a hard surface driveway in the near future. Mr. Malecek stated he has a long drive, about 155 feet long, and stated there are other homes along East River Road that do not have hard surface driveways. Mr. Herrick, City Attorney, stated, in theory, this requirement is in the City Code and staff should be enf or ci ng it, but has been somewhat lenient. He felt it may be the appropriate time for the property owner to meet this code requirEment. Councilman Fitzpatrick stated he agreed the code should be enforced, but was not sure it had anything to do with this action for the lot split. Mr. Qureshi stated he believed there were actions taken by the Council which gave Mr. Malecek the opportunity to split his lot and make his property more valuable and this would be the time to bring his driveway into compliance with the code. MJTION by Councilman Fitzpatrick to amend the above motion by adding the fallowing stipulation: (8) Petitioner to provide a hard surface driveway to existing house. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. -7- COUNCIL MEETING OF MAY 5, 1986 UPON A VOICE VOTE TAKEN CN IIHE MAIN MDTION, all voted aye, and Mayor Pro Tan Schneider declared the motion carried unanimously. Mr. Malecek asked when the hard surface driveway had to be completed. Mr. Qureshi stated this construction season or before the newly created lot is sold. Mr. Malecek stated he didn't have the financial ability to provide for this driveway. It was suggested to him that he contact staff to see if anything could be worked out to include the driveway in future paving projects which may result in a lower cost to Mr. Malecek. 8A. RESOLUTION NO 38-1986 APPROVING A SUBDIVISION, LOT SPLIT, LS. #86-02 , TO SPLIT OFF THE WEST 90 FEET OF THAT PART OF LOT 28, REVISED AUDITOR' S UBDIVI ON NO. 77 LYING EASTERLY OF THE FOLLOWING DE CRIBED LINE: AS OUTLINED IN THE RESOLUTION) : Notion by Councilman Fitzpatrick to adopt Resolution No. 8-1986. This resolution is to be executed when all necessary docume s are received. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. NEW BUSINESS• 9. CONSIDERATION OF SETTING A PUBLIC HEARING FOR THE TRANSFER OF CABLE OPERATIONS AND ONVERSHIP FROM STORER CABLE TO NORTEL CABLE ASSOCIATES' NDTION by Councilman Goodspeed to set the public hearing for June 2 , 1986 and to retain the services of Don Rich4Zds for a financial analysis, the cost of his services to be split between Fridley and the cities of Blocmington and St. Louis Park. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Pro Tan Schneider declared the motion carried unanimously. 10. RECEIVING CATV ADVISORY COMMISSION MINUTES OF MARCH 20, 1986: MOTION by Councilman Fitzpatrick to receive the minutes of the Cable Television Commission eting of March 20, 1986. Seconded by Councilman Goodspeed. Upon a vo' ce vote, all voting aye, Mayor Pro Tem Schneider declared the motion odrried unanimously. 11. RECEIVING BIDS AND CONSIDERATION OF AVL%RDING CONTIMCT FOR STREET IMPRDVEMENl' PR3JECT, ST 1986-1 & 2: Mr. Flora, lic Works Director, stated bids were received for this improvemen project and would recommend the bid be awarded to the low bidder, H S Asphalt for Phase I only, as agreements have not as yet been executed or the 100 'Dain Drive-In property which covers Phase II of this improv ent. MDTION by Councilman Goodspeed to receive the following bids for Street Improvement Project, ST 1986-1 & 2 for Phases I and II, and award the -8- ' 09881 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a lot split request, L.S. #86-02, located at 7136 East River Road N.E. PLAT/LOT SPLIT Richard Malecek Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 17th day of March , 19 86 , on a petition for a plat pursuant to the City of Fridley's Platting Ordinance, for the following described property: Split off the west 90 feet of that part of Lot 28, Revised Auditor's Subdivision No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315 .64 feet west of the southeast corner thereof; (said south- east corner being on the centerline of East River Road) thence north at right angles to said south line to its intersection with the north line of said Lot 28 and there terminating, the same being 7136 East River Road N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See City Council minutes of March 17, 1986. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) 1, Shirley A. Haapala, 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 plat 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 19 � DRAFTED BY: City of Fridley 6431 University Avenue N.E. Fridley, MN 551432 SHIRLEY A. HAAPALA, CITY CLERK (SEAL) y i i COUNCIL MEETING OF MARCH 17, 1986 MDTION by Councilman Goodspeed to waive the second reading of Ordinance No. 855 and adopt it on the second reading and order publication. Seco Y6ed by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. NOI BUSINESS: 4. RECEIVING THE MINU`T'ES OF THE PLANNING COMMISSION MEETNG OF FEBRUARY 26 , 1986: A. SIDERATI 1 OF LOT SPLIT REQUEST, L.S. 86-01 GENERALLY LOCATED AT 5738 -7TH SrREET .E. B HOh',AS BLOMBERG: !Or. Flora, Public:. Wori{s Director, Statti3 L1i5 iS a i ueSc. t0 combine three 44 foot lots and split then into two 66 foot lots for property located west of 7th Street and north of 57th Place. He stated the code calls for a lot area of 9,000 square feet and a lot width of 75 feet so variances would be necessary if the lot split is approved. He stated the lots would be 8,905 square feet and 66 feet wide however, there were quite a few lots in the neighborhood 65 feet wide Mr. Flora stated the arming Commission recommended approval of the lot split with four stipulations which he outlined. i MDTION by Councilman Goodspeed to approve lot split, L. S. #86-01 , with the following sti/jJulatons: (1) Existing house to be removed prior to issuance of a buildi g permit; (2) Park fee of $750 be paid prior to issuance of a building ermit; (3) Lot split to be recorded prior to issuance of a buildirrmit; and (4) Variances for lot area from 9 ,000 square feet to 8,90 /square feet and lot width from 75 feet to 66 feet are approved with thkt lot split. Seconded by Councilman Barnette. Upon a voice vote, all Voting aye, Mayor Nee declared the motion carried unanimously. B. CDNSIDERATION OF LOT SPLIT REQUEST, L.S. #86-02, GENERALLY LOCATED AT 7136 EAST RIVER ROAD N.E. , BY RICHARD MALECEK: Mr. Flora, Public Works Director, stated this is a request for a lot split of the exception property to the Riverwood School plat. He stated the property is located north of 71st and west of East River Road. Mr. Flora stated the proposal is to split off the westerly 90 feet creating a new lot in excess of 10,000 square feet, with access onto the new Riverwood Drive. Mr. Flora stated the way the property lines were drawn means the front of the property is facing on neighboring property lines. He felt if a triangular piece of property could be provided for this lot split, there would be a front yard on Riverwood Drive. Mr. Malecek stated he has talked to the developer, Mr. Cook, and he has a partner involved, as well as a builder, who would have to approve of his obtaining this triangular piece of property. He felt it may be difficult for him to acquire the property. -3- 0 COUWIL MEETING OF MARCH 17, 1986 Mr. Flora stated the Planning Commission has recommended approval of the lot split with six stipulations which he outlined. He stated in stipulation No. 5, 15 feet should be changed to 10 feet. Mr. Qureshi felt a stipulation should also be added to make the triangular piece a Fart of this lot split and the property owner should work with the developer to acquire this property. M TION by Councilman Fitzpatrick to approve lot split, L.S. #86-02, with the following stipulations: (1) City be provided with a 25 foot bikeway/walkway easement along East River Road; (2) New house front yard setback to follow curve of the street; (3) Lot split to be recorded prior to issuance of a building permit; (4) Park fee of $750 be paid prior to issuance of a building permit; (5) Private utility easement to be provided across northerly 100 feet of Lhe new iot, (6) PeCitioner agrees to fair Share of street and utility assessments for the new lot; and (7) Petitioner work with the developer to acquire the triangular piece of property, if possible. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Barnette to receive the minutes of the Planning Commission meeting of February 26, 1986. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 5. CONSIDERATION OF MDDIFICATON TO THE 1986 CM4UNITY DEVELOPMENT BLACK BUDGET REQUEST TO ALLOW FOR FUNDING OF LOCKE HOUSING RESTORATION: Mr. Flora, Public Works Director, stated the City received a r est from the North Suburban Center for the Arts (NS(A) for a $10,000 co ribution for restoration of Locke House on East River Road. Mr. Flora stated in January, 1986, the NSCA reached agreement with the County regarding restoration and occupancyof Banf ill Tavern/Locke House, and a stipulation of the agreement oblige s them to raise $50,000 by January, 1987 to be used in the historic rest ation of the structure. Mr. Flora stated staff has checked with e County and received a positive response as to the appropriateness of sing CDBG funds for this historic restoration project. He stated, if e Council decides to appropriate CDBG funds toward this project, it wo be necessary to send an amended request to the County before their Ap ' 8 public hearing. Mr. Harry Rosenbaum, Ch ' an of the NSCA Fund Raising Drive, stated this structure is the fir tavern in the State of Minnesota still located on its original site. He ated the building is over 100 years old and the. County is already star ng operations to preserve it. He stated it is their hope to make thi , useful arts center. He stated they expect a good deal of local pa cipaton fran businesses and the senior citizens. Mr. Rosenbaum stat ey have already had inquiries f ran businesses regarding use of the ' r is for meetings. -4- "7x9881 i qNumejimio Ln L� Oto o< O PJ F-` • 40 O O C6 OFFIPE OF COUNTY RECORDER STATE OF 'MINNESOTA, COUNTY OF ANOKA I hereby Fertify that the within instru- mentfil d in thi office for record on the f J lido A.D., 19 9'L o'clock_M., and was duly recorded in book page Q � County eco er 6y P Y 8 H RESOLUTION NO. 38 - 1986 A RESOLUTION APPROVING A SUBDIVISION, LOT SPLIT, L. S. #86-02, TO SPLIT OFF THE WEST 90 FEET OF THAT PART OF LOT 28, REVISED AUDITORS SUBDIVISION NO. 77 LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT 28 DISTANT 315.64 FEET WEST OF THE SOUTHEAST CORNER THEREOF; (SAID SOUTHEAST CORNER BEING ON THE CENTERLINE OF EAST RIVER ROAD) THENCE NORTH AT RIGHT ANGLES TO SAID SOUTH LINE TO ITS INTERSECTION WITH THE NORTH LINE OF SAID LOT 28 AND THERE TERMINATING, TOGETHER WITH THAT PART OF LOT 1 , BLOCK 3, RIVERWOOD PARK, ANOKA COUNTY, MINNESOTA, LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1 , THENCE SOUTHERLY, IN A STRAIGHT LINE, TO THE SOUTHWEST CORNER OF THE EXCEPTION AS SHOWN ON SAID PLAT OF RIVERWOOD PARK AND THERE TERMINATING. SUBJECT TO EASEMENTS, THE ORIGINAL LOT BEING 7136 EAST RIVER ROAD N.E. WHEREAS, the City Council approved a lot split at the March 17, 1986 meeting; and WHEREAS, such approval was to split off the west 90 feet of that part of Lot 28, Revised Auditor' s Subdivision No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315.64 feet west of the southeast corner thereof; (said southeast corner being on the centerline of East River Road) thence north at right angles to said south line to its intersection with the north line of said Lot 28 and there terminating, together with that part of Lot 1 , Block 3, Riverwood Park, Anoka County, Minnesota, lying easterly of a line described as follows: Beginning at the most northerly corner of said Lot 1 , thence southerly, in a straight line, to the southwest corner of the exception as shown on said plat of Riverwood Park and there terminating. Subject to easements, the original lot being 7136 East River Road N. E. WHEREAS, the City has received the required Certificate of Survey from the owner; and WHEREAS, such approval will create two residential building sites. NOW, THEREFORE, BE IT RESOLVED that the City Council directs the County of Anoka to record this lot split within six months of this approval or else such approval shall be null and void. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF MAY r_--_ > 1986 WILLIAM J. NEE - MAYOR ATTEST: SHIRLEY A. HAAPALA - CITY CLERK • CITY OF H IDLEY CIVIC CENTER - 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 • PHONE(612)571-3450 Richard Malecek CITY COUNCIL May 6, 1986 7136 East River Road Fridley, MN 55432 ACTION TAKEN NOTICE On May 5, 1986, the Fridley City Council officially approved your request for a Lot Split, L.S. #86-02, to split off the west 90 feet of that part of Lot 28, Revised Auditor's Subdivision No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315.64 feet west of the southeast corner thereof; (said southeast corner being on the center- line of East River Road) thence north at right angles to said south line to its intersection with the north line of said Lot 28 and there terminating. with the following stipulations : 1. Provide City with a 25' bikeway/walkway easement along East River Road, 2. New house front yard setback to follow curve of street. 3. Split to be recorded prior to issuance of a building permit. 4. Park fee of $750.00 to be paid prior to issuance of a building permit. 5. Private utility easement to be provided across northerly 10' of new lot. 6. Petitioner agrees to fair share of street and utility assessments for new lot. 7. The petitioner is to work with the developer to obtain the additional property along the westerly boundary line. 8. Petitioner to provide hardsurface drive to the existing house prior to recording lot split. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely, James L. Robinson Concur with action taken Planning Coordinator Please review the note,' stipulations , sign the statement above and return one copy to the City of r -y Planning Department by May 20, 1986. 725798 STATE OF MINNESOTA CITY COUNCIL PROCEEDINGS COUNTY OF ANOKA CITY OF FRIDLEY In the Matter of a Lot Split, L.S. #86-02 , located at 7136 East River Road N.E. PLAT/LOT SPLIT Richard Malecek , Owner The above entitled matter came before the City Council of the City of Fridley and was heard on the 5th day of May , 19 86 , on a petition for a plat pursuant to the City of Fridley's Platting Ordinance, for the following described property: Split off the west 90 feet of that part of Lot 28 , Revised Aud. Sub. No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315. 64 feet west of the southeast corner thereof; (said southeast corner being on the centerline of East River Road) thence north at right angles to said south line to its intersection with the north line of said Lot 28 and there terminating the same bein 7136 East River Road N.E. IT IS ORDERED that a plat be granted as upon the following conditions or reasons: See City Council minutes of May 5, 1986 . STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Shirley A. Haapala, 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 plat 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 Uhe City of Friey, Minnesota, in the County of Anoka on the 7 day of i 9-11L. DRAFTED Y: City of Fridley 6431 University Avenue N.E. Fridley, MN 55432 "NTER SHIRLEY A. HAAPALA, CITY CL RK . / 19 ...... .. .. ...�._�t --•---�---- (SEAL) Audit ,Anoka Co t i .COUNCIL MEETING OF MAY 5, 1986 agreement was promised, but it is unfortunate that nothing has been received. He stated he would recommend this item be tabled until there ' s a t signed agreement with both parties involved. MOTION by Councilman Goodspeed to table this Pe item to May 19, 1986. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, or Pro Term Schneider declared the motion carried unanimously. i Mr. Rod Brannon, 1622 Innsbruck Parkway, requested informa on on the plan for this property well in advance of the meeting. 9 Mr. Qureshi stated all information the City had to e was provided. He stated some modificaions were to be presented, ever, these were not received. 6. CONSIDERATION OF A VARIANCE REOUST, VAR #86-0 TO REDUCE THE REQUIRED LOT IZEREDUCE THE FRONT YARD SorBCK, REDUCE TKE REAR YARD SMMCK, RQUCE THE DRIVEY PARKI ETBACK G Y L---,TE6 AT 5300 CENTPAL AVENUE N.E. BY Q PETROLEUM: MOTION by Councilman Fitzpatrick; o table this item to May 19, 1986 . Seconded by Councilman Goodspeed., pon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the ion carried unanimously. 7. CONSIDERATION OF APPOINTM S TO COMMUNITY DEVELOPMENT, ENVIRONMENTAL 1 UALITY AND HUMAN RESOURCY COMMI ION : AND 7A. RE)CEIVING LETTER OF EZ/—GNLTIONFROM JEAN GEROU APPFALS COMMISSION: NOTION by Council Fitzpatrick to receive the letter of resignation f rom Jean Gerou, s Commission.APPPe Seconded by Councilman Goodspeed. Upon a voice vote, al voting aye, Mayor Pro Tem Schneider declared the motion carried una ously. MOTION Councilman Fitzpatrick to table the appointments to the PP Corrnis ons to May 19, 1986 . Seconded by Councilman Goodspeed. Upon a voi vote, all voting aye, Mayor Pro Teen Schneider declared the motion ca ied unanimously. 8. CONSIDERATION OFA LOT SPLIT REQUEST, L S #86-02, TO SPLIT OFF THE WEST 90 FEET OF PART OF LOT 28, REVISED AUDITOR' S SUBDIVISON NO 77 TO CREATE A SEPARATE LOT GENERALLY LOCATED AT 7136 EAST RIVER ROAD N E , BY RICHARD MALECEK: Mr. Flora, Public Works Director, stated there was an outlot when the Riverwood Elementary School property was platted, and the owner of this outlot has requested a lot split. Mr. Flora stated the petitioner wishes to split off the west 90 feet of his lot to provide a buildable lot off River-wood Drive. He stated the property owner has worked with the developer in order to provide a triangular piece of property for more frontage for this lot. He stated the portion to be added to Mr. Malecek' s lot split is 670 square feet which will provide for a more harmonious alignment with the -6- CMINCIL MEETING OF MAY 5, 1986 right-of-way. Mr. Flora stated with this 670 square feet added to Mr. Malecek's lot, it reduces the size of Mr. Anderson's lot from about 91470 square feet to 8,800 square feet. Mr. Flora stated there were six stipulations attached to this lot split and staff had added that the petitioner was to work with the developer to obtain the additional property along the westerly boundary line and for the petitioner to provide a hard surface driveway to the existing house. Mr. Malecek stated he was made aware of the stipulation for the hard surface driveway last Friday and requested the lot split be approved, without this stipulation. He stated he didn't understand why it should be tied to the lot split. Mr. Qureshi, City Manager, stated the hard surface driveway is a City Code requiranent and felt it would be appropriate at this time for Mr. Malecek to provide the driveway. MDTION by Councilman Fitzpatrick to approve lot split, L.S. #86-02, with the following stipulations: (1) City be provided with a 25 foot bikeway/walkway easement along East River Road; (2) New house front yard setback to follow the curve of the street; (3) Lot split to be recorded prior to issuance of a building permit; (4) Park fee of $750.00 is to be paid prior to issuance of a building permit; (5) Private utility easement to be provided across the northerly 10 feet of the new lot; (6) Petitioner agrees to fair share of street and utility assessments for the new lot; and (7) Petitioner work with the developer to obtain the additional property along the westerly boundary line. Seconded by Councilman Goodspeed. Councilman Schneider asked Mr. Malecek if he could provide a hard surface driveway in the mar future. Mr. Malecek stated he has a long drive, about 155 feet long, and stated there are other hones along East River Road that do not have hard surface driveways. Mr. Herrick, City Attorney, stated, in theory, this requirement is in the City Code and staff should be enforcing it, but has been somewhat lenient. He felt it may be the appropriate time for the property owner to meet this code requi ranent. Councilman Fitzpatrick stated he agreed the code should be enforced, but was not sure it had anything to do with this action for the lot split. Mr. Qureshi stated he believed there were actions taken by the Council which gave Mr. Malecek the opportunity to split his lot and make his property more valuable and this would be the time to bring his driveway into compliance with the code. TDTION by Councilman Fitzpatrick to amend the above motion by adding the following stipulation: (8) Petitioner to provide a hard surface driveway to existing house. Seconded by Councilman Goodspeed. Upon a voice vote, all voting aye, Mayor Pro Ten Schneider declared the motion carried unanimously. -7- rwwrr COUNCIL MEETING OF MAY 5, 1986 UPCN A VOICE VOTE TAKEN CN `lE MIN NDTION, all voted aye, and Mayor Pro Tem Schneider declared the motion carried unanimously. Mr. Malecek asked when the hard surface driveway had to be completed. Mr. Qureshi stated this construction season or before the newly created lot is sold. Mr. Malecek stated he didn't have the financial ability to provide for this driveway. It was suggested to him that he contact staff to see if anything could be worked out to include the driveway in future paving projects which may result in a lower cost to Mr. Malecek. 8A. RESOLUTION 38-1986 APPROVING A SUBDIVISION, LOT SPLITr LS. #86-02 , 0 PLIT OFF THE WET 90 FEET OF THAT PART OF 28 REVISED AUDITXI UBDIVI ON NO. 77 LYING EASTERLY OF THE FOLLOWING DESCRIBED LIN A OUTLINED IN THE RESOLUTION) • Notion by Councilman Fitzpatrick to adopt Resol /en 86. This resolution is to be executed when all necessary eceived. Seconded by Councilman Goodspeed. Upon a voice voe, Mayor Pro Ten Schneider declared the motion carried unanNEW BUSINESS: 9. CON IDERATION OF ETTING A PUBLIC HEARI G FOF CABLE OPERATIONS AND 9NIZRSHIP FROM SPORER CABLE TO NOEL CABLE IATE : POTION by Councilman Goodspeed/hd Fu is hearing for June 2 , 1986 and to retain the services of for a financial analysis, the cost of his services to be en Fridley and the cities of Bloomington and St. LouisParky Councilman Fitzpatrick. Upon a voice vote, all voting aye, MSchneider declared the motion carried unanimously. 10. RECEIVING TV ADVI RY CONAIIOF MARCH 20 1986: MOTION by CounZCCQ)NS11QEdRATI0J"N rick to receive the minutes of the Cable Television Commf March 20, 1986. Seconded by Councilman Goodspeed. Upoall voting aye, Mayor Pro Tem Schneider declared the monimously. 11. RECEIVING BIDSN OF AVV1MING CO CT FOR STREET IMPROVEMENT' PRC43= 198641 & 2: Mr. Flora, blic Works Director, stated bids were received for this improvem t project and would recommend the bid be awarded to the low bidder, & S Asphalt for Phase I only, as agreements have not as yet been execu d for the 100 Twin Drive-In property which covers Phase II of this imp anent. TION by Councilman Goodspeed to receive the following bids for Street Improvement Project, ST 1986-1 & 2 for Phases I and II, and award the -8- '725798 Numedlaal Gzantor C;:nntee ;orded -:.'ad I Tz.Ind. � gin Indere C=1 OtfiCE Of COUNiy REWRDER 7> SWE Of MINNESOTA, COUNTY OF ANOKA aI hereby certify that the within mstrw ment was filed in this office for record 10 �a on the co o'clock M.,JT M.,and was duly recorded 0 LR r'.) County R .OtdPJ� By De Y 0 City of Fridley 6431 University Ave NE Fridley Mn. 55432 r i • CIZYff FRIDLU CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY,MINNESOTA 55432 • PHONE(612)571-3450 Richard Malecek CITY COUNCIL July 16, 1986 7136 East River Road Fridley, MN 55432 ACTION TAKEN NOTICE On May 5, 1986, the Fridley City Council officially approved your request for a Lot Split, L.S. #86-02, to split off the west 90 feet of that part of Lot 28, Revised Auditor's Subdivision No. 77 lying easterly of the following described line: beginning at a point on the south line of said Lot 28 distant 315.64 feet west of the southeast corner thereof; (said southeast corner being on the center line of East River Road) thence north at right angles to said south line to its intersection with the north line of said Lot 28 and there terminating, with the following stipulations: 1. Provide City with a 25 foot bikeway/walkway easement along East River Road. 2. New house front yard setback to follow curve of street. 3. Split to be recorded prior to issuance of a building permit. 4. Park fee of $750.00 to be paid prior to issuance of a building permit. S. Private utility easement to be provided across northerly 10 feet of new lot. 6. Petitioner agrees to fair share of street and utility assessments for new lot. 7. The petitioner is to work with the developer to obtain the additional property along the westerly boundary line. 8. Petitioner to provide hardsurface drive to the existing house prior to recording lot split. If you have any questions regarding the above action, please call the Planning Department at S71-3450. S4cery, 1'trey Planning Assistant Please review the noted stipulations, sign the statement above and return one copy to the City of Fridley Planning Department by August 1, 1986. I, concur with the action taken. r HERRICK &71NEIVIRLN ATTORNEY'S AT LAW Virgil C. Herrick James D. Hoeft Gregg V. Herrick Of Counsel David P.Newman MEMORANDUM TO: Barbara Dacy f � FROM: Virgil C. Herrick DATE: September 18, 1989 RE: Conveyance of a portion of Lot 1, Block 3, Riverwood Park This memo is in response to your Memorandum of September 6, 1989, regarding the above subject. It is my understanding that the City Council approved a lot split on Lot 28, Revised Auditor' s Subdivision No. 77, on May 5, 1986. Approval of the lot split had certain stipulations attached. Stipulation No. 7 states that "the petitioner is to work with the developer to obtain the additional property along the westerly boundary line". It is my interpretation of Stipulation No. 7 that this is a request and not a condition to the lot split. If the Council had intended this to be a condition precedent to approving the lot split they would have indicated that the lot split is subject to the petitioner acquiring the additional property along the westerly boundary line. This conclusions is reinforced by the fact that the lot split has been granted and filed. It is my opinion that the transfer of the property along the westerly boundary line is now a matter between the private property owners. Virgil C. Herrick VCH/lal Suite 205, 6401 UniversityAvenue N.E. Fridley, Minnesota 5543 612-571-3850 y, 2,