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SAV04-04 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (763) 572-3592 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Vacation of Street, Alley or Easement PROPERTY INFORMATION: (certificate of survey required for submittal, see attached) Address: I q 1 4)Lit iar hw, 9 Property Identification Number: Legal Description: Lot Block Tract/Addition Current Zoning: Square footage/acreage: Legal Description of Street, Alley or Easement to be Vacated: Reason for Vacation: Have you operated a business in a city which required a business license? Yes No If Yes, which City? If Yes, what type of business? Was that license ever denied or revoked? Yes No A./.IAIIti/V/V/.I/V/./IIV/VIINIV/VIY/.//V AI1V.V IV/V//IrIV/V/r/V MIrIV/VIrIV/VIr IVIV/rIVIV/�rIV.YI./IVMIrIVIVIVIVIVIV I./I..yI./IV.VI.II..V A.N1V NIrIVMIVIVM FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: Fee owners must si n this form prior to processing.) NAME: M, ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: PETITIONER INFORMATION NAME: Ci h ADDRESS: DAYTIME PHONE: SIGNATURE/DATE: FEES NA Fee: $1,250.00 Application Number: -5A- v aU-&4 Receipt#: Received By: Scheduled Planning Commission Date: p-(o-DU Scheduled City Council Date: 0-a -o 10 Day Application Complete Notification Date: -13--0 ZF 60 Day Date: u - U un q �. rte' City of Fridley (Official Publication) PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday,October 6,.2004,at 7:30 p.m. for the purpose of: Consideration of a Land Exchange and necessary utility easement vacation, by the City of Fridley,to allow the exchange of property in :order to correct an encroachment on City owned land,gen- erally located at 1419 West Danube Road and Farr Lake Park,legal descrip- tion is as follows: 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION,` Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH,Anoka County,Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and utility ease- ment lying southwesterly of and adjacent to the northeasterly line of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDI- TION. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Stacy Stromberg,Planner,at 763-572-3595. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572- 3500 no later than October 1, 2004. The TDD number is 763-572-3534. DIANE SAVAGE - CHAIR PLANNING COMMISSION Published: September 23,2004 (Sept.23,2004)f2/ps-03-05-cc PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N.E. on Wednesday, October 6, 2004, at 7:30 p.m. for the purpose of: Consideration of a Land Exchange and necessary utility easement vacation, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land, generally located at 1419 West Danube Road and Farr Lake Park, legal description is as follows : 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004 . The TDD number is 763-572-3534 . DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: September 23, 2004 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at 1419 West Danube Road and Farr Lake Park. CASE NUMBER: Vacation, SAV #04-04, and Plat, PS #03-05 APPLICANT: City of Fridley Petitioner or representative must attend the Planning Commission meeting. PURPOSE: Consideration of a Land exchange and necessary utility easement vacation, to allow the exchange of property in order to correct an encroachment on City owned land. LOCATION OF 1419 West Danube Road and Farr Lake Park PROPERTY AND LEGAL 1419 Danube Road: DESCRIPTION: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota AND: Utility Easement Vacation: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 6, 2004, at 7:30 p.m. The Planning Commission Meetings are televised live the night of the meeting on Channel 17. PLACE OF Fridley Municipal Center, City Council Chambers HEARING: 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE. 2. You may send a letter before the hearing to Stacy Stromberg, Planner, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 763-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: Interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 1, 2004. The TDD # is 763-572-3534. ANY QUESTIONS: Contact Stacy Stromberg, Planner, at 763-572-3595. Publish: September 23, 2004 Ai, Cit of Community Develoment Department yPublic Hearin Notice Fridley 9 L FFM L B EJ Interstate 694 LEGEND N Sources: A Fridley Engineering Vacation Request #04-04 Anoka County yGIS Anoknty GIS City of Fridley & Bredan and Cheryl Klein Map Date: 9/23/04 243024410048 243024410048 243024430040 INNSBRUCK NO TOWNHOUSE ASSN CURRENT RESIDENT OLSEN D&P&HUME M 5306 MEISTER ROAD 5306 MEISTER RD NE 5457 E DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024440117 243024430041 243024430042 INNSBRUCK NO TOWNHOUSE ASSN SWORSKY C M MANGALICK AMIR-CHAND&S 5306 MEISTER ROAD 1411 W DANUBE RD NE 1415 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024430043 243024430044 243024440099 HOLLY MICHAEL&MARY TRUSTEES KLEIN BRENDAN M&CHERYL A CADIEUX RONALD 1417 W DANUBE RD NE 1419 W DANUBE RD NE 667 45TH AVE NW FRIDLEY,MN 55432 FRIDLEY,MN 55432 COLUMBIA HEIGHTS,MN 55421 243024440099 243024440100 243024430050 CURRENT RESIDENT ULVENES ANDREW D LINDSTROM THOMAS N&LINDA J 5466 W BAVARIAN PASS NE 5464 W BAVARIAN PASS NE 1408 W DANUBE RD NE FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024430036 243024440101 243024430049 FRIDLEY CITY OF SWANSON DAVID A&MARILEE D DAHER MICHAEL D&LINDA S 6431 UNIVERSITY AVE NE 5446 W BAVARIAN PASS NE 1410 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024440102 243024430045 243024430048 CLOVER THOMAS R&PEGGY J HOKANSON LARRY HUISENGA RICHARD D&LINDA 5444 W BAVARIAN PASS NE 1420 W DANUBE RD NE 1412 W DANUBE RD NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024440103 243024440103 243024430047 BAKKEN DORIS J CURRENT RESIDENT WEISS ANN K&BRIAN E PO BOX 384360 5426 W BAVARIAN PASS NE 1414 W DANUBE RD NE WAIKOLOA,HI 96738 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024430046 243024430046 243024430036 NESS DONALD S CURRENT RESIDENT CURRENT RESIDENT 10590 RADISSON RD NE 1418 W DANUBE RD NE 1510 N INNSBRUCK DR NE BLAINE,MN 55434 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024440105 243024440106 243024440107 KRAUSE DONALD B&BETTY A NEWGAARD DAVID G&GERALDEAN A OLSRUD HAROLD J&CORRINNE 1503 S BAVARIAN PASS NE 1505 S BAVARIAN PASS NE 1521 S BAVARIAN PASS NE FRIDLEY,MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 243024420074 243024420075 243024430037 JUNGQUIST JEROME K ZOWNIROWYCZ ROMAN&LESLIA SCHROEDER RICHARD F&G A B 5547 E DANUBE RD NE 5527 E DANUBE RD NE 5497 DANUBE RD E FRIDLEY, MN 55432 FRIDLEY,MN 55432 FRIDLEY,MN 55432 c * COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: October 6, 2004 TO: Planning Commission FROM: Scott Hickok, Community Development Director Stacy Stromberg, Planner SUBJECT: Vacation Request, SAV #04-04 — City of Fridley & Brendan & Cheryl Klein INTRODUCTION As you will recall, in September of 2003, the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brenden and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. As this time, the Klein's are seeking to vacate the unused drainage and utility located under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. HISTORY It had come to the City's attention, that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract "A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract "B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. ANALYSIS The final plat went before the City Council on September 17, 2004. At which time, the Klein's mortgage company also required that the City vacate the unused drainage and utility easement, located under the Klein's swimming pool (see attached survey). Prior to final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for your review. The City Council is also asking that you hold a public hearing on the exchange of properties between the City and the Klein's. City Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore, staff would recommend that the easement be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and asking for your approval on the land exchange between them and the City. CITY STAFF RECOMMENDATION City Staff recommends that the Planning Commission hold a public hearing and approve Vacation Request, SAV #04-04. City Staff also recommends that the Planning Commission hold a public hearing and approve the land exchange between the City and the Klein's. .444nm -P f 10Li0i°Nq•1S,SIU '41A)l 'I Rpu°y 8 •d0 T 12SHS N ( �,� aoo•ZovOiieinSIMMI n"-i 1 I �dS 10� ab02i �8(1Nb4 �,� soaa-00s(C9L) zva sols-,toa csau arond • 1s�M s I �J1213H� '� NO4N32i8 �/ ts.es ,nc Noem d YI goat 0 o lids V ,° • u4, ° •i'Y 'S4 iOQiii3iR' soo► .,o on�ng puo�pawaal� S44 ° u° 31dd NO l ld I dDS34 1 1°41 Pu* uo,.l.+°dn. l."-p •OI,I I 'flYI I1[SA�IIIS HZ�IIIH ry0- - 133HS 1�3f'Obd 1N31�� u°IdAu ,i�yl l°41uRRj�1D.a Ra°d•4°i W 0 WLu O V �rtz W Z 0 1, 4 lu > LuW 4 a In Z = o j Z m e � W Z e O Z En cQ eZo J = - ? "' o o J LL ti Z W o O� W O WWZ e 0 o W k 2 a 0 ti o � _ W � o o e � � = O o a w w J o o ti Y Jti�o J e C a v —J e J 4 11 11 it p Q) v ° O 2 O e O W2Z LL Z e o � � Cl- e o >I Qc e V e � WLI m (n ZC) Z eO v2 lV 2 W lu �c I� Z Z O J O ,Z W �� mu e e e o J J Co LQ CN 4 J N I m N Z �� Z W W 3� OZ W U rhN I� Lll l L O i-o ti O �jZo W f- �\ oJ� k oZ cl� o -O W W LL W Je W o . a e� Je o ^� < OLLI wZ Z o a - Q >•-<n < N . <Z Lu 0 z< NN/ 9 �Cb 61 �:•: 'i w s ft 01 I-m w 1 v ozo LL— W G� Lu00; CL oo Lu \ W cv Q � Z �'d Ln rn CN Lu S 6 co N mac`),0 `y0 ' J 01 , � �i ly- /0(d , o 1.1.1 1 n Z C*O/ \ 5 x cy 1 1 1 \ O O N 9 Y O H � y 1 3 AKa ¢1 O � O N C . H '91 w W w x EXISTING LEGAL DESCRIPTION—KLEIN PROPERTY Q °? Lot 13, Block 1, INNSBRUCK NORTH 2 ND ADDITION, Anoka County, Minnesota. EXISTING LEGAL DESCRIPTION—CITY OF FRIDLEY o Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. w� N PROPOSED TRACT A (Split of City of Fridley Ownership) �W o That part of Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying southwesterly of the following described line: Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK _J NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a o distance of 53.20 feet to the actual point of beginning of the tract being described;thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds N o East, a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet- thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly, to its w5 intersection with the common line of said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; thence North 41 degrees 15 minutes 52 secondso 0, m West, along said common line, a distance of 73.95 feet to the point of beginning. Cr — D � z . o PROPOSED TRACT B (Split of Klein Property) That part of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota, lying easterly of the following described line: Commencing at the most northerly corner of said Lot 13, Block } 1, INNSBRUCK NORTH 2ND ADDITION; thence on an assumed bearing of South 41 degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described;thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet; thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; W thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 6.58 feet on a tangential curve, concave easterly, to its intersection with the common line of = said Lot 13 and Outlot E, said curve having a radius of 83.00 feet and central angle of 04 degrees 32 minutes 24 seconds; said intersection being the actual point of beginning of line being described; thence ,. V Z continue on said curve, a distance of 51.37 feet,the central angle of said curve being 35 degrees 37 minutes 36 seconds;thence South 22 degrees 29 minutes 52 seconds East; tangent to last described curve, to w W its intersection with the southerly line of said Lot 13 and there terminate. _j Z Y O COMBINED LEGAL DESCRIPTION FOR KLEIN PROPERTY 0 Z That part of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION and Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying southerly and westerly of the following described line: W Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 m degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described; thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet;thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet;thence o southwesterly a distance of 57.95 feet along a tangential curve concave easterly, the radius of said curve being 83.00 feet and having a central angle of 40 degrees 00 minutes 00 seconds;thence South 22 degrees 29 minutes 52 seconds East,tangent to last described curve to its intersection with the southerly line of said Lot 13, Block 1 and there terminate. - L COMBINED LEGAL DESCRIPTION FOR CITY OF FRIDLEY PROPERTY Vim Y • That part of Lot 13, Block 1, INNSBRUCK NORTH 2 ADDITION and Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota, lying northerly and easterly of the following described line: Commencing at the most northerly corner of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, said corner also being an angle corner of said Outlot E; thence on an assumed bearing of South 41 t degrees 15 minutes 52 seconds East, along the northeasterly line of said Lot 13, a distance of 53.20 feet to the actual point of beginning of the tract being described;thence North 78 degrees 31 minutes 38 seconds East, a distance of 26.00 feet;thence South 45 degrees 52 minutes 02 seconds East, a distance of 45.00 feet; thence South 17 degrees 30 minutes 08 seconds West, a distance of 24.20 feet; thence southwesterly a distance of 57.95 feet along a tangential curve concave easterly, the radius of said curve being 83.00 feet and having a central angle of 40 degrees 00 minutes 00 seconds; thence South 22 z .":x degrees 29 minutes 52 seconds East,tangent to last described curve to its intersection with the southerly line of said Lot 13, Block 1 and there terminate. R e �o zp�`".�M M 'J Y��OYC a k Y O F k Y z h� d H 0, a .o �l x � a RLK-MISC\13-IINS.pcd 6-2E-03 11x17 1'-30' Slit SEC.24-30-24 CITY OF FRIDLEY PLANNING COMMISSION OCTOBER 7, 2004 CALL TO ORDER Chairperson Kondrick called the July 21, 2004, Planning ommission meeting to order at 7:30 p.m. ROLL CALL Members present: Barbara Johns, Larry Kuechle David Kondrick, Diane Savage, Dean Saba and Brad Dunham. Members absent: Leroy Oquist Others present: Stacy Stromberg, City P nner Rebecca Brazys, Reco ing Secretary Brendan and Cheryl in, 1419 West Danube Road Heather Solberg, Me and Inc. 4777 Menard Drive, Eau Claire WI 54703 Yoava Klucsar, 142 Rice Creek Road Gene Jankowski, 2 12 315'Avenue NE, Minneapolis MN 55418 Carol Westorer, 6 4 Benmore Drive APPROVE PLANNING COMMISSIO MINUTES—July 21, 2004 MOTION by Mr. Kondrick, s/ndedy Mr. Kuechle, to approve the minutes of the July 21, 2004 meeting. UPON A VOICE VOTE, ALVOAYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIPUBLIC HEARINGS: Chairperson Savage annouhe first item on tonight's agenda, a public hearing for Plat PS #03-05, was placed on t in error. 2. Consideration of a Vacation, SAV#04-04, by the City of Fridley, and Brendan & Cheryl Klein for necessary utility easement vacation to allow the exchange of property in order to correct an encroachment on City owned land generally located at 1419 West Danube Road and Farr Lake Park. MOTION by Ms. Johns, seconded by Mr. Kondrick, to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED ON A UNANIMOUS VOTE AND THE PUBLIC HEARING OPENED AT 7:32 PM. Ms. Stromberg stated in September of 2003 the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. At this time, the Klein's are seeking to CITY OF FRIDLEY PLANNING COMMISSION MEETING, OCTOBER 6,2004 Page 2 of 10 vacate the unused drainage and utility easement under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. Ms. Stromberg explained that it had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. Ms. Stromberg further explained that the final plat went before the City Council on September 17, 2004 at which time the Klein's mortgage company also required that the City vacate the unused drainage and utility easement located under the Klein's swimming pool. Prior to the final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for their review. The City Council is also asking that the Planning Commission hold a public hearing on the exchange of properties between the City and the Klein's. Ms. Stromberg stated the City's Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore staff would recommend that the easement be vacated. Ms. Stromberg stated City staff recommends approval of Vacation Request, SAV#04-04. Staff also recommends approval of the land exchange between the City and the Klein's. Petitioners Brendan and Cheryl Klein stated they discovered the encroachment in May 2003, but it appears this goes back to a survey done in the sixties when this was originally platted. Ms. Klein explained they purchased the property in 1988 and put up a fence following instructions from the City. MOTION by Mr. Kondrick, seconded by Mr. Kuechle, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING CLOSED AT 7:37 PM. Mr. Kuechle stated this seems like a straight forward request and he would be in favor. Mr. Kondrick commented that he is in favor of this proposal but wants to emphasize to all Fridley residents how critical it is that they be aware of the exact location of their property lines before doing any construction on their property. MOTION by Mr. Kuechle, seconded by Mr. Kondrick, to recommend to City Council approval of Vacation request, SAV#04-04 and the land exchange between the City and the Klein's. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. ...................... .............................. CEIQQ 1TM CITY COUNCIL MEETING OF SEPTEMBER 13, 2004 MY OF FRIDLEY Date: September 7, 2004 To: William Burns, City Manager From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Utility & Drainage Easement Vacation Request, SAV 04-, City of Fridley M-04-118 INTRODUCTION On September 2003,the Council approved a preliminary plat to allow the creation of legal descriptions necessary to swap properties with the Klein's. The Klein's mortgage holders have requested that the unused utility easement, located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a Council resolution is necessary to vacate the underlying easement. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council approve the resolution vacating the Klein's utility easement as part of the approval of the final plat. RESOLUTION NO. RESOLUTION TO VACATE AN EXISTING DRAINAGE AND UTILITY EASEMENT VACATION ON LOTS 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION, GENERALLY LOCATED AT 1419 DANUBE ROAD. WHEREAS, the City Council approved the drainage and utility vacation request, SAV#04-04, for LOT 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION at the October 25, 2004, meeting; and WHEREAS, the easement is unused; and WHEREAS, the easement is located through the Klein's in-ground pool; and WHEREAS, the Klein's mortgage holder requires that the drainage and utility easement be vacated. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacates the 10'wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25th DAY OF OCTOBER, 2004. SCOTT LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Page 2 of 9 OLD BUSINESS: 1. Ordinance No. 1197 Amen ing the Fridley Municipal Code by Allowing Certain Holders of Liquor Licenses to Sell Intoxicating Liquor until 2:00 a.m. Dr. Burns, City Manager, state this legislation amends Chapters 602, 603 and 606 of the City Code to allow establi ments that are licensed for on-sale beer and liquor and on-sale clubs to apply for pe mits to extend their hours of sales to 2:00 a.m. Council approved the first reading f this ordinance on August 23, 2004. Staff made the language clarifications requ sted by Council. Staff recommends Council's approval. WAIVED THE READIN AND ADOPTED ORDINANCE NO. 1197 ON SECOND READING AND ORDER PUBLICATION. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated last September, Council approved the preliminary plat to allow the creation of legal descriptions necessary to swap properties with Brendan and Cheryl Klein, owners of the property at 1419 West Danube Road. The Kleins' mortgage holder has requested that the unused utility easement located under the swimming pool be vacated. Though the property is being replatted into a new configuration and legal description, a resolution approved by Council is necessary to vacate the underlying easement. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). Dr. Burns, City Manager, stated that last year, an encroachment on City property was discovered. The owners of 1419 West Danube Road built a pool on a portion of park property. The City has an easement for a trail over a portion of the Klein's property. Last September, Council approved a land swap of two similar sized properties to correct the problem. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13 2004 Page 3 of 9 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said that pursuant to the terms of the land exchange, Mr. and Mrs. Klein will receive a 1,447 square foot parcel, Tract A, and the City will receive a 1,550 square foot parcel, Tract B. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 5. Resol tion No. 2004-48 Consenting to the Housing and Redevelopment Author ty in and for the City of Fridley, Adopting a 2004 Tax Levy Collecti le in 2005. Dr. Burns, City anager, stated that since 1996, the HRA has been levying a small property tax to c ver the cost of its housing and rehabilitation programs. This tax amounts to .01440 of the taxable market value for all Fridley real estate. In 2005, this tax is expected to enerate $321,192 and will cost the owner of a $200,000 single family home approxi ately $28.80. The HRA unanimously approved the 2005 levy at their September 2 me ting. Staff recommends Council's approval. ADOPTED RESOLUTI N NO. 2004-48. 6. Resolution Decl ing Cost to be Assessed and Ordering Preparation of Proposed Assess ent for Street Improvement Project No. ST.2004-1. Dr. Burns, City Manager, a lained there are 67 properties and a proposed assessment of $106,171.67. The amou t will be assessed for ten years with interest charged in equal payments at the rate of .5%. Staff recommends Council's approval. THIS ITEM WAS REMOVED ROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 7. Resolution Declaring Co t to be Assessed and Ordering Preparation of Proposed Assessment for Iley Paving Project ST. 2003-3. Dr. Burns, City Manager, stated thi is the assessment for the alley paving that was done last year for the alley locate behind Anoka Street and Arthur Street from Mississippi Street to 66th Avenue. The ost, $21,336, is to be assigned to the benefiting property owners. The amount will be ssessed for ten years with interest charged in equal payments at the rate of 6.5%. Sta recommends Council's approval. THIS ITEM WAS REMOVED FROM TH CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13, 2004 Page 6 of 9 Mr. Abbott, Public afety Director, apologized and explained there was insufficient time to prepare the m al for this meeting, but it should be ready for the next Council meeting. NEW BUSINESS: 2. Resolution to Vacate an Existing Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 West Danube Road (Ward 2). 3. Resolution Approving a Subdivision Plat, PS# 03-05, Generally Located at 1419 West Danube Road (Ward 2). 4. Resolution of the City of Fridley, Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Councilmember Billings referred to the City Charter which requires that any land sold or disposed of by the City must be done by ordinance. Mr. Fritz Knaak, City Attorney, reviewed the Charter and concurred that the final action on this exchange will have to be by ordinance. He suggested Council table the resolution and begin with the normal procedures for adopting an ordinance. Councilmember Billings questioned the whole process on this matter and whether or not the City is actually gaining anything. Mr. Hickok, Community Development Director, explained that staff thought this would be a creative solution to what was a problem for the property owner. They had a pool and equipment installed outside of their survey boundaries. There was almost an exact square foot trade that could be made so that the City could take the path land by easement and get that in title and in exchange the Klein's could get almost identical square foot dimensions back to reconfigure their lot and have their pool and equipment on their own property. Councilmember Billings commented when the City has an easement, it has the right to use it for whatever purposes the easement is. Mr. Hickok explained that this was an important issue for the Kleins. Councilmember Billings asked who is paying the fees and how much staff time has been invested in this matter. Mr. Hickok stated the Kleins are paying the fees. As for staff time, there has been a limited amount involved. The Kleins hired their own surveyor, their own attorneys, their own title people and their own closing company. FRIDLEY CITY COUNCIL MEETING, SEPTEMBER 13 2004 Page 7 of 9 Mayor Lund asked about the existing chain link fence on this property. Mr. Hickok explained there is a retaining wall with a fence around the pool equipment. MOTION by Councilmember Billings, seconded by Councilmember Bolkcom, to table Items 2, 3 and 4 until such time that staff can bring these items back before the Council. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. Resolution N . 2004-46 Declaring Cost to be Assessed and Ordering Preparation of roposed Assessment for Street Improvement Project No. ST. 2004-1. 7. Resolution No. 2 04-47 Declaring Cost to be Assessed and Ordering Preparation of Pro sed Assessment for Alley Paving Project No. ST. 2003- 3. 8. Resolution No. 2004 Directing Preparation of the Assessment Roll for the 2004 Nuisance Al a ment. 9. Resolution No. 2004-50 'recting Publication of the Public Hearing Notice on the Proposed Assess ents for Street Improvement Project No. ST. 2004-1; Alley Paving Proje No. 2003-3; and Nuisance Abatement Project 2004-1. Councilmember Bolkcom her only co cern is that the correct and current property owners are notified of the above items. Mr. Pribyl, Finance Director, stated there a only two property owners involved in the nuisance abatement. Staff uses the inform tion available from Anoka County property tax system as far as current property owne hip. He said they checked the County records as recently as last week to make sure ey had up-to-date information. _MOTION by Councilmember Bolkcom, seconde by Councilmember Barnette, to adopt Resolution No. 2004-46. UPON A VOICE VOTE, ALL VOTING AYE, MAY LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom, seconded by Councilmember Wolfe, to adopt Resolution No. 2004-47. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LU DECLARED THE MOTION CARRIED UNANIMOUSLY. vti � City of Fridley COUN ,. Notice rs hereby given that there. ,- pubkc heartng of the Fridley City Cfiara if Fridley Municipal Center,6431 Ifrtitiersity Avenue Monday, ober 25, 2004,at 7:39 merit.for the purpose d: Consideration of a Land Exchange and necessary utility easement vaosbon,by the City of Fridley,to allow the exchange of property in order to correct an. encroachment on City owned kAd,gen- rally located at 1419 West Danube Road and Farr Lake Park,legd descnp- tion is as follows: 1499 Danube gas&. Lot 13,Birk 1, INNSBRUCK NORTH 9ND ADDITION, Anoka `County, AND' , ��Lake f/arik. Uot E, INNSBRUCK NORTH,Anoka nty,Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and-utMy ease- ment lying southwesterly of and,adiaeent to the northeasterly line of Lot 13,Block 1, INNSBRUCK NORTH 2ND ADDI- TION. Any and all persons desiring to be heard . shah be given an opportunity at the above stated time and place. Any questions relat- ed to this item may be referred to Stacy Stromberg,Planner,at 763--572-3595. Hearing Impaired persons planning to attend who need an interpreter or other persons. with'disabilities who tequire auxiliary aids should contact Roberta Collins x'763-572 3500 no later than October 20,2004. The TDD number is 763-572-3534. SCOTT J.LUND MAYOR Published: October 14,2004 (Oct.14,2004)f2/ps-03-05-Fridkey-pc-10.25 I O PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a public hearing of the Fridley City Council Fridley Municipal Center, 6431 University Avenue N.E. on Monday, October 25, 2004, at 7 : 30 p.m. for the purpose of: Consideration of a Land Exchange and necessary utility easement vacation, by the City of Fridley, to allow the exchange of property in order to correct an encroachment on City owned land, generally located at 1419 West Danube Road and Farr Lake Park, legal description is as follows : 1419 Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place . Any questions related to this item may be referred to Stacy Stromberg, Planner, at 763-572-3595 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 no later than October 20, 2004 . The TDD number is 763-572-3534 . SCOTT J. LUND MAYOR Publish: October 14, 2004 AGENDA ITEM ri CITY COUNCIL MEETING OF OCTOBER 25, 2004 C rFY OF FRIDLEY Date: October 11, 2004 �y To: William Burns, City Manager ql From: Scott Hickok, Community Development Director Stacy Stromberg, Planner Subject: Vacation Request, SAV#04-04, City of Fridley and Brendan & Cheryl Klein M-04-132 INTRODUCTION On September 29, 2003, the City Council approved a preliminary plat to allow the creation of legal descriptions necessary to swap properties with the Klein's. Since then, the Klein's mortgage company has requested that the unused utility easement, located under the swimming pool be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and seeking the City Council's approval on the land exchange between them and the City. PLANNING COMMISSION RECOMMENDATION At the October 6, 2004, Planning Commission meeting, a public hearing was held for SAV#04-04. After a brief discussion, the Planning Commission recommended approval of SAV #04-04 and the land exchange between the City and the Klein's. THE MOTION CARRIED UNANIMOUSLY. PLANNING STAFF RECOMMNEDATION City Staff recommends the Council approve the resolution vacating the Klein's utility easement as part of the approval of the final plat. 1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Memorandum DATE: October 6, 2004 TO: Planning Commission FROM: Scott Hickok, Community Development Director Stacy Stromberg, Planner SUBJECT: Vacation Request, SAV #04-04 — City of Fridley & Brendan & Cheryl Klein INTRODUCTION As you will recall, in September of 2003, the Planning Commission and the City Council granted a preliminary plat for a piece of property located in Farr Lake Park and the property located at 1419 West Danube Road, which is owned by Brendan and Cheryl Klein. This plat was granted to allow for the exchange of property in order to correct an encroachment discovered in a recent survey of the City's park system. As this time, the Klein's are seeking to vacate the unused drainage and utility located under the Klein's swimming pool as well as the Planning Commission's approval on the hard exchange of properties between the City and the Klein's. HISTORY It had come to the City's attention that the Klein's are occupying a small portion of City owned property. The Klein's had inadvertently constructed a pool over the property line, locating a portion of it in Farr Lake Park. Additionally, the City currently has an easement for a trail over a portion of the Klein's property. The Klein's have proposed granting ownership of the easement area to the City in exchange for the area in which their pool encroaches into the City's park. Both pieces of property are approximately the same size and it is in the best interest of the City and the Klein's to simply exchange these two pieces of property. Proposed Tract"A" on the enclosed survey indicates the City owned land, which the Klein's have been utilizing. Proposed Tract"B" indicates the land, owned by the Klein's, in which the City has been utilizing as part of a trail system in Farr Lake Park. The replat of these two pieces of land simply allowed both owners to benefit by owning the parcels they are currently using. ANALYSIS The final plat went before the City Council on September 17, 2004. At which time, the Klein's mortgage company also required that the City vacate the unused drainage and utility easement, located under the Klein's swimming pool (see attached survey). Prior 2 to final plat approval, the City Council directed staff to bring the vacation request to the Planning Commission to hold a public hearing and for your review. The City Council is also asking that you hold a public hearing on the exchange of properties between the City and the Klein's. City Public Works staff has indicated that there is no reason to retain the drainage and utility easement located under the Klein's pool, therefore, staff would recommend that the easement be vacated. Therefore, the Klein's are seeking to vacate the unused drainage and utility easement located under their swimming pool and asking for your approval on the land exchange between them and the City. CITY STAFF RECOMMENDATION City Staff recommends that the Planning Commission hold a public hearing and approve Vacation Request, SAV#04-04. City Staff also recommends that the Planning Commission hold a public hearing and approve the land exchange between the City and the Klein's. 3 FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 2 OF 17 OLD BUSINESS: 1. Resolution No. 2004-59 to Vacate an Existing Diaainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruclf North 2nd Addition, Generally Located at 1419 Danube Road (Ward 2y//(Tabled September 13, 2004). / r i Dr. Burns, City Manager, explained this item was tabled at the September 13 Council meeting and the consent item brings it from the table/, The easement is not used nor expected to be used. Staff is recommending that/the easement be vacated and the land located beneath a portion of the Klein's swimfining pool be swapped for land that the Klein's own. ADOPTED RESOLUTION NO. 2004-59. 2. Resolution No. 2004-60 Approving`a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004). f Dr. Burns, City Manager, stated this*rn was also tabled on September 13 and this consent item brings it from the tab)6. Staff is proposing this replat as a part of the agreement between the City and Bdan and Cheryl Klein of 1419 West Danube Drive. By this agreement, the City is trading a small portion of Farr Lake Park for a similarly sized portion of the Klein's property. These properties have been incorporated into the plat and the plat was approvedby the Planning Commission on September 17, 2003. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-60. NEW BUSINESS: 3. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The exchange, easement vacation and replat complete actions necessary to correct the encroachment by the Klein's swimming pool on City park land. WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 4. ReceiXe the minutes from the Planning Commission Meeting of October 7, 2004. \ RECEIVED. AGENDA ITEM ri SOF CITY COUNCIL MEETING OF NOVEMBER 8, 2004 FRIDLEY DATE: November 4, 2004 TO: William W. Burns, City Manager ov FROM: Scott J. Hickok, Community Development Director Stacy Stromberg, Planner SUBJECT: Second Reading of an Ordinance to amend the City Code of the City of Fridley, Minnesota, by approving the transfer and exchange of certain parcels of land with Brendan M. Klein and Cheryl A Klein (Ward 2) INTRODUCTION The attached ordinance authorizes the exchange of properties between the City and the Kleins. The Kleins will now own the land underneath their swimming pool, and the City will own the portion of the Kleins' lot where the bike trail exists. PLANNING COMMISSION ACTION At the October 6, 2004, Planning Commission meeting, a public hearing was held for the land exchange between the City and the Kleins. After a brief discussion, the Planning Commission recommended approval of the land exchange between the City and the Kleins. THE MOTION CARRIED UNANIMOUSLY. CITY COUNCIL ACTION The City Council Approved the First reading of this ordinance at their October 25, 2004 meeting. PLANNING STAFF RECOMMENDATION City Staff recommends approval of the land exchange and second reading of the attached ordinance. M-04-145 9 CITY COUNCIL MEETING CITY OF FRIDLEY NOVEMBER 8, 2004 The regular meeting of the Fridley City C ncil was called to order by Mayor Lund at 7:35 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and a dience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: ayor Lund Councilmember-at-Large Barnette Councilmember Billings Councilmember Wolfe MEMBER ABSENT: Councilmember Bolkcom OTHERS PRESE T: William Burns, City Manager Fritz Knaak, City Attorney Scott Hickok, Community Development Director Jon Haukaas, Public Works Director, Deb Skogen, City Clerk Rebecca Brazys, Recording Secretary APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City ouncil Meeting of October 25, 2004 APTROVED. f OLD BUSINESS: 1. Ordinance No. 1198 to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, stated this is an exchange of a small parcel between the City and Brendan and Cheryl Klein, 9499 West Danube Drive. The exchange is being made to cure an encroachment on Farr Lake Park. A public hearing was held on this matter FRIDLEY CITY COUNCIL MEETING, NOVEMBER 8, 2004 PAGE 2 OF 8 by the Planning Commission on October 6, 2004. After a brief discussion and no public opposition, the Planning Commission recommended approval of the land exchange between the City and the Kleins. The Council approved the first reading of this ordinance at their October 25, 2004, meeting. Staff recommends Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1198 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUSINESS: 2. Recei�r,e Proposals and Award Contract for Design and Construction Administration Services for the Commons Park Filter Plant Upgrades. Dr. Burns, Ci �anager, stated the City received five responses from its request for ty proposals. After s udying the proposals, staff recommends approval of a contract with Bonestroo, Rosene, nderlik &Associates for a not to exceed cost of$152,750. THIS ITEM WAS RE OVED FROM CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA. 3. Approve 2004-20 Winter Snow Removal Policies and Procedures. Dr. Burns, City Manager, st ted the plan identifies equipment and snow plowing procedures and is also availabl on the City's website. It establishes that Jeff Jensen, Street Supervisor, will determine hen to call employees for snow removal. Normally City crews will begin plowing sno after a storm has ended. It also provides for the initial clearing of collector streets followed by clearing in ten residential districts. Whenever slippery conditions exist on City streets, the Police Department will notify the "on-call" person in the street division fo the spreading of salt/sand at intersections and other icy areas. The plowing of colle for streets typically takes four to six hours. Plowing of neighborhood streets takes a other six to eight hours. Since specialized equipment is needed for the clearing of idley's eight-six cul-de-sacs and thirty-five dead-end streets, clearing of these areas will typically occur toward the end of the twelve to sixteen hour plowing cycle. As str6ts are plowed, we will also be plowing improved alleys and municipal parking lots. W ile we plow concrete sidewalks, we do not plow asphalt bikeways. Beginning November 1 and ending April 1, Dr. Burn explained, all vehicles must be off City streets between the hours of 2:00 a.m. and 6:0 a.m. Also, all vehicles must be off City streets whenever snow plowing is necessary. F r a major snow storm (over 9" of snow) a snow emergency plan will be enacted. This means that crews will work in twelve hour shifts. An initial pass will be made on each treet before clearing from curb to curb. Dr. Burns also pointed out that University Aven e, Highway 65 and 1-694 are the responsibility of the State. Anoka County has responsi ility for East River Road, the 44th Street bridge, Main Street north to 57th Avenue, 57th ea to University Avenue, 49th CIWOF HaDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY, MN 55432•(763)571-3450•FAX(763)571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 2, 2004 Brendan & Cheryl Klein 1419 West Danube Road Fridley MN 55432 Dear Mr. & Mrs. Klein: On Monday, October 25, 2004, the Fridley City Council officially approved your request for a Final Plat, PS # 03-05, which was a resolution, to exchange property to correct an encroachment on City owned land, an ordinance approving the land exchange, and a Vacation, SAV 04-04, was approved, which was a resolution, for a necessary utility easement, generally located at 1419 West Danube Road and Farr Lake Park. The legal descriptions are listed below: 1419 W. Danube Road: Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION, Anoka County, Minnesota. AND: Farr Lake Park: Outlot E, INNSBRUCK NORTH, Anoka County, Minnesota. AND: Utility Easement Vacation: A 10 feet wide drainage an utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION. If you have any questions regarding the above action, please call me at 763-572-3590. Since ely, Sco Hicko Cd munity Development Director SH/jb Action Taken Letter-PS 03-05 & SAV 04-04-Klein Page 2 November 2, 2004 cc: Plat File Vacation File Address File Assessing Dept. GIS Dept. Special Assessing-Greg Mary Hintz Stacy Stromberg Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 19, 2004 Concur with a tion taken. C-04-102 ► .. IIIIIII VIII VIIIVIII VIII VIII VIIIIIII IIII 1971415 . 022 Record ID 1503649 STATE.OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY OF ANOKA ) CITY OF FRIDLEY ) In the Matter of: A Vacation Request, SAV#04-04 Owner: Brendan M. Klein & Cheryl A. Klein The above entitled matter came before the City Council of the City of Fridley and was heard on the 25th day of October, 2004, on a petition for a vacation pursuant to the City of Fridley's City Code and City Charter, for the following described property: To vacate an existing drainage and utility easement vacation, legally described as a 10 feet wide drainage an utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, Innsbruck North 2nd Addition, generally located at 1419 West Danube Road. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approved with no stipulations. See City Council meeting minutes of October 25, 2004. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the I3,kh day of gam, 2004. DRAFTED BY: City of Fridley 6431 University Avenue N.E. Z"144 Fridley, MN 55432 Debra A. Skogen, City Cler (SEAL) J- FRIDLEY CITY COUNCIL MEETING, OCTOBER 25, 2004 PAGE 2 OF 17 OLD BUSINESS: 1. Resolution No. 2004-59 to Vacate an Existing Drainage and Utility Easement Vacation on Lot 13, Block 1, Innsbruck North 2nd Addition, Generally Located at 1419 Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, explained this item was tabled at the September 13 Council meeting and the consent item brings it from the table. The easement is not used nor expected to be used. Staff is recommending that the easement be vacated and the land located beneath a portion of the Klein's swimming pool be swapped for land that the Klein's own. ADOPTED RESOLUTION NO. 2004-59. 2. Resolution No. 2004-60 Approving a Subdivision, Plat, PS #03-05, Generally Located at 1419 West Danube Road (Ward 2) (Tabled September 13, 2004). Dr. Burns, City Manager, stated this item was also tabled on September 13 and this consent item' brings it from the table. Staff is proposing this replat as a part of the agreement between the City and Brendan and Cheryl Klein of 1419 West Danube Drive. By this agreement, the City is trading a small portion of Farr Lake Park for a similarly sized portion of the Klein's property. These properties have been incorporated into the plat and the plat was approved by the Planning Commission on September 17, 2003. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2004-60. NEW BUSINESS: 3. First reading of an Ordinance to Amend the City Code of the City of Fridley, Minnesota, by Approving the Transfer and Exchange of Certain Parcels of Land with Brendan M. Klein and Cheryl A. Klein (Ward 2). Dr. Burns, City Manager, said staff recommends the exchange of Tracts A and B. The exchange, easement vacation and replat complete actions necessary to correct the encroachment by the Klein's swimming pool on City park land. WAIVED THE READING AND ADOPTED THE ORDINANCE ON FIRST READING. 4. Recei a the minutes from the Planning Commission Meeting of October 7, 2004. RECEIVED. r RESOLUTION NO. 2004-59 RESOLUTION TO VACATE AN EXISTING DRAINAGE AND UTILITY EASEMENT VACATION ON LOTS 13,BLOCK 1,INNSBRUCK NORTH 2'D ADDITION, GENERALLY LOCATED AT 1419 DANUBE ROAD. WHEREAS, the City Council approved the drainage and utility vacation request, SAV#04- 04, for LOT 13, BLOCK 1, INNSBRUCK NORTH 2ND ADDITION at the October 25, 2004,meeting; and WHEREAS,the easement is unused; and WHEREAS, the easement is located through the Klein's in-ground pool; and WHEREAS, the Klein's mortgage holder requires that the drainage and utility easement be vacated. NOW, THEREFORE, BE IT RESOLVED that the City of Fridley vacates the 10' wide drainage and utility easement lying southwesterly of and adjacent to the northeasterly line of Lot 13, Block 1, INNSBRUCK NORTH 2ND ADDITION,Anoka County, Minnesota. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 25"DAY OF OCTOBER,2004. SCO J.'LD -�AYOR ATTEST: DE A. SKO EN- CIJfYTLERK NOKA COUNTY MINNESOTA Document No.: 1971415.022 ABSTRACT I hereby certify that the within instrument was filed in this office for record on: 12i 1412004 3:13:00 PM Fees/Taxes In the Amount of: $19.50 UNt TREEN DEVINE Anoka County Property Tax Admitiistrator/Recorder,`Registrar of Titles JMH, Deputy mrd ID: 1503649