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
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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.
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EXISTING LEGAL DESCRIPTION—KLEIN PROPERTY Q °?
Lot 13, Block 1, INNSBRUCK NORTH 2 ND ADDITION, Anoka County, Minnesota.
EXISTING LEGAL DESCRIPTION—CITY OF FRIDLEY
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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
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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
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COMBINED LEGAL DESCRIPTION FOR KLEIN PROPERTY 0
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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.
-
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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
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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