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