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SAV99-05 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE FRIDLEY, MN 55432 (612) 571-3450 COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION FOR: Vacation of Street, Alley or Easement PROPERTY INFORMATION: - site plan required for submittal, see attached Address: � 77N� Property Identification Number: _ G Z-�f 3 (1, 060 _ Legal Description: Lot Block Tract/Addition / C D Current Zoning: Square footage/acreage: Li Legal Description of Street, Alley or Easement to be Vacated: Reason for Vacation: Have you operated a business in a city which required a business license? Yes No_Xbusif Yes, which city? If Yes, what type of iness? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract purchasers: F e owners must sign this form prior to processing) ?NAME: � � C. r,DDRRESS: SSSLAJ 2_ 1`� �lJ /-r' SSyz 9 DAYTIME PHONE: - SIGNATURE/DATE: sz PETITIONER INFORMATIO NAME: ADDRESS:G(� .I' DAYTIME PHONE: ; Z—Y,a Yo SIGNATURE/DATE: Y Z FEES / Fee: $250.00 l/ Application Number:,�0eceipt#: h .Receiv d y: Scheduled Planning Commission e: % Scheduled City Council Date: 10 Day Applicata n Compl to Notifl ation D� • 1 60 Day Date: r City of Fridley Land Use Application Process 60 Day Agency Action Law Application Date Planning Commission Meeting City Council Decision 60 Day Window Starts Recommendation to Council Approval or Denial 21-40 Days i 50-60 Days i i Approved, Action Taken Letter Application Complete 10 Day Notice � Tabled, 60 More Days Submit Complete Public Hearings: ; -- Application and Variance ; Denied Materials Vacations Lot Splits Public Hearings: Plats Rezonings Rezonings Zoning Amendments Zoning Amendments Wetland Replacements Comprehensive Plan Special Use Permits CERTIFICATE OF SURVEY 1A ies -ster I I y o f r,e N," 1 y t I west o 0 s t 1—e f L Ius c" 7 �1 �J` 15 ive� Black S. �iyde P,3,- ac 0 g 0 the recorded pletS thereof ( R=62.42' A 5 64' on record at Anoka County. Minnesota R=62.42' Portion to be deeded by City of Fridley C > That part of Outlot A. Sylvan Hills according to the E < SCALE plot thereof on record at Anoka County, Minnesota. Lying 1 30' Easterly of the Northerly extension of the West line 5. of Lots 1 through 15 inclusive.Block 5. Hyde Park L-J . X according to the record plot thererof. And also; the 0 Denotes Set I.P. Z . Z. > West 25.0 feet as measured at right angles of the platted f- 30�- z Service Road in said plat of Sylvan Hills. Lying South of a Easterly extension of the North line of said Li c� 6 z Outlot A. and lying North of a line 20.0 feet. as F— o a measured at right onglesto, and parallel with the South V) line of said Outlot A and its Easterly extension. 32.7'. OliVm` z D 0 co er. (n TOTAL AREA 44,912 SO. FT. R!, a ..Y-A E..t line of S.ry I ce Road O 61 st AVE North American Surveys 7130 University Ave. Fridley, Mn. 55432 612-502-0579 199131 ooror Re0-Mo.919] h:\home\gordy\data\99131.dgn Sep. 15, 1999 15:50:58 AW CITY OF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432•(612)571-3450•FAX(612)571-1287 September 23, 1999 Marc Rice 6111 Star Lane NE Fridley, MN 55432 Dear Mr. Rice: Per Minnesota Statute 15.99, local government units are required to notify land use applicants within 10 days if their land use applications are complete. We received an application for a street vacation on September 17, 1999. This letter serves to inform you that your application is complete. Your plat and vacation application hearing and discussion will take place at the City of Fridley Planning Commission Meeting on October 20, 1999 at 7:30 P.M. in the City Council Chambers at 6431 University Avenue. Final action on your requests will be taken by the City of Fridley City Council at 7:30 P.M. on November 8, 1999. If you have any questions regarding this letter or the process, please feel free to contact me at 572-3593. Sinc rely, Paul Bolin Planner PB C-99-170 f s - C)C 1 1 q, q � City of Fridley Wednesday, October 20, 1999, at 7:30 Lots 1 through 15 inclusive, Block 5, Hyde easterly extension,generally located at 6111 PUBLIC HEARING p.m.for the purpose of: Park according to the record plat thereof. Star Lane NE. BEFORE THE Consideration of a Vacation SAV #99-05, And also;the west 25.0 feet as measured at Any and all persons desiring to be heard PLANNING COMMISSION by Marc Rice, to vacate that portion of Star right angles of the platted Service Road in shall be given an opportunity at the above Notice is hereby given that there will be a Lane for the purpose of tenant parking,legal- said plat of Sylvan Hills. Lying south of a stated time and place. Any questions related public hearing of the Fridley Planning ly described as that part of Outlot A, Sylvan easterly extension of the north line of said to this item may be referred to Scott Hickok, Commission at the Fridley Municipal Center, Hills according to the plat thereof on-record Outlot A,and lying north of a line 20.0 feet, Planning Coordinator at 612-572-3599. 6431 University Avenue N.E. on at Anoka County,Minnesota. Lying easterly as measured at right angles to, and parallel Hearing impaired persons planning to of the northerly extension of the west line of with the south line of said Outlot A and its attend who need an interpreter or other per- sons with disabilities who require auxiliary aids should contact Roberta Collins at 612- 572-3500 no later than October 14,1999. DIANE SAVAGE CHAIR PLANNING COMMISSION (October 7, 14, 1999) Fridley, Columbia Heights,Hilltop Focus News PUBLIC HEARING BEFORE THE PLANNING COMMISSION Notice is hereby given that there will be a public hearing of the Fridley Planning Commission at the Fridley Municipal Center, 6431 University Avenue N. E. on Wednesday, October 20, 1999, at 7 : 30 p.m. for the purpose of: Consideration of a Vacation SAV #99-05, by Marc Rice, to vacate that portion of Star Lane for the purpose of tenant parking, legally described as that part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying easterly of the northerly extension of the west line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the west 25 . 0 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills . Lying south of a easterly extension of the north line of said Outlot A, and lying north of a line 20 . 0 feet, as measured at right anglesto, and, parallel with the south line of said Outlot A and its easterly extension, generally located at 6111 Star Lane NE. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to Scott Hickok, Planning Coordinator at 612-572-3599 . Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than October 14, 1999. DIANE SAVAGE CHAIR PLANNING COMMISSION Publish: October 7, 1999 October 14, 1999 CITY OF FRIDLEY PUBLIC HEARING NOTICE BEFORE THE PLANNING COMMISSION TO: All property owners/residents within 350 feet of property generally located at Star Lane NE. CASE NUMBER: SAV#99-05 APPLICANT. Marc Rice Petitioner or representative must attend the Planning Commission meeting. PURPOSE: To vacate that portion of Star Lane for the purpose of tenant parking. LOCATION OF PROPERTYAND Generally located at Star Lane. LEGAL DESCRIPTION: That part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying easterly of the northerly extension of the west line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the west 25.0 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills. Lying south of a easterly extension of the north line of said Outlot A, and lying north of a line 20.0 feet, as measured at right anglesto, and parallel with the south line of said Outlot A and its easterly extension. DATE AND TIME OF Planning Commission Meeting: HEARING: Wednesday, October 20, 1999, at 7:30 p.m. the Planning Commission Meetings are televised live the night of the meeting on Channel 35. PLACE OF HEARING: Fridley Municipal Center, City Council Chambers 6431 University Avenue N.E., Fridley, MN HOW TO 1. You may attend hearings and testify. PARTICIPATE: 2. You may send a letter before the hearing to Scott Hickok, Planning Coordinator, at 6431 University Avenue N.E., Fridley, MN 55432 or FAX at 612-571-1287. SPECIAL Hearing impaired persons planning to attend who need an ACCOMODATIONS: interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 612-572-3500 no later than October 14, 1999. ANY QUESTIONS: Contact Scott Hickok, Planning Coordinator at 612-572-3599 or Paul Bolin, Planning Assistant at 612-572-3593. Publish: October 7, 1999 October 14, 1999 City of Community Development Department Land Use Permit Notification Fridley IN ro loss NINE INNER as BEER 11 MEE l MEMO ogo :. low ON ME � - • - — _ • = I FOdley GS _ _ ` as = ' Dw -• . •• 1 _Park • • • Application, ® _ • � Marc Rice ®C,2-General BArew Water Features M C,3-General � •• Ell CR1-General City Of Community Development Department Fridley milli nu uu - ♦ 7■ loss INN r t r' """ ■■ ■ INS►♦ ■s ��■ ■��■� ■ ■■��%1 '� �\ �� iii . VINE sax 1111■ " ■�� /111 ♦��. -- �� ...i `I r Heavy'n N Fridley Planining Indust = - • - . - -Parks --Public Facilities Arx)kaCburty A..mac. LU PLX)-Planned Unit Developnwt ROW __-Railroads Land Use Permit Application, SAV#99-05 =W== - 6111 Star Lane NE _ Features _C-3-General Shopping Office JOHNSON WAYNE A LINDBERG VERNON D & SHIRLEY ANDERSON RICHARD V& NANCY J 11610 53RD AVE NO 1897 STINSON BLVD 2008 JERROLD AVE PLYMOUTH, MN 55442 NEW BRIGHTON, MN 55112 ARDEN HILLS, MN 55112 NELSON AUDREY M HERRMANN KAY K HENSON JOHN 250 61 ST AVE NE 260 61 STAVE NE 270 61 ST AVE NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 WINIECKI GEORGE J AVANTI LEASING INC SOLOMON JEROME & SPENCER ALL 2704 NE HWY 10 3033 E FIRST AVE STE 202 5800 W 25 1/2 ST MOUNDS VIEW, MN 55112 DENVER, CO 80206 ST LOUIS PARK, MN 55426 GREGERSON WALLACE G & L B EARLEY JOHN A& KAREN T MILLER MATTHEW L & HEIDI A 6040 3RD ST NE 6041 3RD ST NE 6045 2 1/2 ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 JOHNSON THOMAS M &JEAN M CURRENT RESIDENT BERG DAVID A& KIMBERLY K 6050 3RD ST NE 6051 3RD ST NE 6055 2 1/2 ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HUGHES JULI ANN CURRENT RESIDENT CURRENT RESIDENT 6060 3RD ST NE 6061 UNIVERSITY AVE NE 6063 3RD ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 EROVICK ERNEST& RUBY CURRENT RESIDENT CURRENT RESIDENT 6070 3RD ST NE 6071 UNIVERSITY AVE NE 6073 3RD ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55421 FRIDLEY, MN 55432 NGUYEN THUY T& HOI V CURRENT RESIDENT CURRENT RESIDENT 6074 4TH ST NE 6100 STAR LN NE 6101 SUNRISE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 CURRENT RESIDENT DOLD JEROME A CURRENT RESIDENT 6101 UNIVERSITY AVE NE 6110 STAR LN NE 6111 STAR LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 MAGNUSSON BRAGI & GAIL THE CHURCH OF ST WILLIAM AMAR ROSELLA A 6111 SUNRISE DR NE 6120 5TH ST NE 6121 SUNRISE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 ROBERTSON BETTY L CURRENT RESIDENT CURRENT RESIDENT 6131 SUNRISE DR NE 6144 STAR LN NE 6150 STAR LN NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 PETERSON MARK G CURRENT RESIDENT ZABINSKI ANTHONY A& CLEONE 6151 SUNRISE DR NE 6151 UNIVERSITY AVE NE 6161 SUNRISE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 HARRIS JEFFREY D RANGER JOHN L HAHN JUDITH A 6164 STAR LN NE 6211 SUNRISE DR NE 6221 SUNRISE DR NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 KAAS DAVID M & NELL I POWELL MARGARET E WIEBUSCH M D & DOUGHERTY N E 6231 SUNRISE DR NE 6241 SUNRISE DR NE 6401 JACKSON ST NE FRIDLEY, MN 55432 FRIDLEY, MN 55432 FRIDLEY, MN 55432 RICE HERMAN I & MARLENE R AVANTI LEASING INC FRIDLEY CITY OF 8531 W 29TH ST Bad Address 1 Bad Address 2 ST LOUIS PARK, MN 55426 FRIDLEY, MN 0 FRIDLEY, MN 0 SINCLAIR OIL CORPORATION PO BOX 30825 SALT LAKE CITY, UT 84130 f 0 v .f a m -41 V� t e V QNB t in rA `n� M u� \"J DEC 21 1999 10.28 FR MENRRDS—GEN OFFICE 715 876 2869 TO 16125711287 P.01i05 Menard, Inc. Kevin C. Leik Corporate Counsel/Sales & Leasing FACSIMILE TRANSMITTAL SHEET To: Paul Bolin Your Fax: 612.571.1287 Company: City of Fridley Your Phone: From: Kevin C. Leik Your Reference#: Date: December 21, 1999 Sender's Reference #: Message: Dear Mr. Bolin, I have attached an updated sign plan for Menard Plaza. Exhibit B is unchanged from the current plan. I will call you later today to discuss the new plan. I apologize for the delay in delivering this to you. Thank you, Kevin C. Leik I am transmitting a total of_page(s), including this cover sheet. Please call Kevin C. Leik at (715) 876-2776 if this transmission is incomplete or illegible. The original of this transmission will follow by mail: Yes_ No X NOTICE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING, OR USE OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY ME BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO MEAT THE ABO VE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. 4777 Menard Drive Eau Claire WI 54703715 hone 8 p ( )876-2776 776 fax(715)876-2868 3 - _mss i JM� �� • ♦ .�" _ e " 1 • — xa•s...t r• sr�` Nb Mwn•< � � I � Dacy, Barb From: Flora, John Sent: Tuesday, September 07, 1999 9:52 AM To: Dacy, Barb Subject: RE: november 1 rule Yes to snowbirds. Its ok with me. John G. Flora ----Original Message--- From: Dacy,Barb Sent: Tuesday,September 07,1999 8:29 AM To: Flora,John Subject: november 1 rule John, I was speaking to the gentleman who is applying for a vacation of the frontage road in front of his apartment at 61st Avenue and University Avenue. He wont get through the process until the november 8 council meeting. He was talking about a new"no parking" rule which will be effective november 1??what is he speaking of...is that the snowbird policy? Because the "frontage road" portion in front of his apartment building really isnt used by the general public, do you have an objection if i work with Dave S. to not ticket cars in this area for one week, so he can finish the vacation process?then when council approves the vacation, it is truly part of his property. thanks. Barbara Dacy, AICP Community Development Director City of Fridley 6431 University Avenue NE Fridley, Minnesota 55432 612 572 3590 phone 612 571 1287 fax 1 Dacy, Barb From: Sallman, Dave Sent: Friday, September 10, 1999 11:47 AM To: Burns, Bill Cc: Dacy, Barb; Flora, John Subject: New parking ordinance. Barb made me aware of a concern by the owner of the apt. building (Mark Rice) at 61 st and Star LN. Mr. Rice has an action in front of the Council on November 8th, concerning Vacation of a right of way? Mr. Rice is concerned with the parking ordinance which comes into effect on Nov. 1. 1 had Skip Standal contact Mr. Rice. Mr. Rice is apparently concerned about the whole ordinance and said something about a year long permit process which would give his tennants time to deal with the parking issue. Mr. Rice Claims that he has checked with other cities and they are alleged to have had such a system. Many of the buildings were built at a time when only one parking place per vehicle was required and now most tennants have more than one. Mr. Rice has spoken with councilmember Billings and plans to do so again. Please let us know if there is some plan to have some "permit system" in place. Thanks. 1 DEC-13-1999 09:54 RELIANT ENERGY 612 321 5480 P.02 CIIYOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE.N.E.FRIDLEY, MN 55432• (612) 571-3450 FAX(612)571-1287 December 9, 1999 NSP P3ragon Cable Attn,John Theis Attn:Kimberly Roden 8701 Monticello Trane N. 801 Pymouth Avenue N. Maple Grove, Minnesota 55369-4450 Minneapolis, MN 55411 US West Minnegasco Attn:John Munson Attn:Rick Pilon 9700 Schmidt Lake Road, Rm 115 700 Linden Avenue W. Box 1165 Plymouth, MN 55442 Minneapolis,MN 55440-1165 Dear Utility Company Representatives: The purpose of this letter is to inquire about current utility placement/required easements on a parcel of property located in the City of Fridley. The City of Fridley recently vacated a portion of the University Avenue service drive, generally located to the east of the apartment building at 6111 Star Lane. The City has agreed to sell this vacated roadway to the neighboring property. I am In the process of filing a quit claim deed. Before I file anything with the County, 1 would like you to review the enclosed survey and legal description. Please contact me by Thursday December 161 if you need any utility easements reserved on the properly being vacated. Thank you for reviewing this material. Please call me with any questions at 572593. Sin ty, _ D 14—� Paul Bolin, Planner C-99-213 Reliant Energy Minnegasco has no facilities within the above-described area and has no objection to its vacation. Thank you for the advance notice. / f I Steven Von Bargen Right-of-Way Administrator Reliant Energy Minnegasco TOTAL P.02 City of Fridley Land Use Application SAV#99-05 October 20, 1999 GENERAL INFORMATION SPECIAL INFORMATION Applicant: SUMMARY OF REQUEST Marc Rice The petitioner is seeking to vacate a portion of 6111 Star Lane NE University Avenue from the service drive right- Fridley, MN 55432 of-way, that is not used by the general public, Requested Actions: and use it as off-street parking for his tenants. Vacate a portion of University Avenue SUMMARY OF ANALYSIS Service Drive. Due to the following factors: Existing Zoning: • This is a stub street that ends in the R-2 Two Family Residential apartment parking lot; Location: • Not possible to put the street through to 61 Portion of service road immediately as the intersection would be too close to the adjacent to the east edge of apartment 61'and University intersection; parking lot. • Tenants have been using the stub street as Size of Property: their private parking area for a number of 44,912 square feet 1.03 acres years; Existing Land Use: • The "snowbird" ordinance would not allow Multi-family apartment building. the tenants to park in this area, if it were to Surrounding Land Use & Zoning: remain a public street. N: Two family &R-2 City Staff recommends approval of the street E: University Avenue vacation. S: Two family & S-1 W: Two family &R-2 Comprehensive Plan Conformance: , Use of property is consistent with Plan. w Property History: • 1952 - Sylvan Hills is platted. • 1962 - Apartment is built. r Legal Description of Property: g See Attached Council Action: November 8, 1999 Public Utilities: Apt. building is connected. Transportation: Property is accessed from 61'and Star Lane. Physical Characteristics: (Portion of service drive to be vacated) Portion of street to be vacated is paved and used by tenants as a parking lot. Staff Report Prepared by: Paul Bolin SAV#99-05 ANALYSIS The petitioners is seeking to vacate a portion of the University Avenue service road right of way, not used by the general public, and use it as off-street parking for his tenants. Marc Rice owns the 18-unit apartment building located at 6111 Star Lane. The portion to be vacated is a dead end that adjoins the apartment parking lot. MnDOT transferred ownership of this portion of the right of way to the City in the early 1960's when University Avenue was under construction. The apartment building was built in 1965,when most families only owned 1 car. The parking lot is not adequate to park all of the tenant vehicles. As a result, tenants have been using this portion of the right of way as their parking area for a number of years. The City's enactment of the "snowbird"ordinance,which prohibits overnight parking between November and May on all City streets, would prevent tenants from continuing to use this portion of the right-of-way for parking. Due to the fact that Star Lane "loops back" and will continue to have access to 61"Avenue, staff has determined that there is not a need to maintain this portion of right of way adjacent to the petitioner's parking lot. The original purpose of the right-of-way was to create a frontage road, and because Star Lane does connect to 615L Avenue on the west side of the apartment site, there is no City interest in maintaining this right-of-way. During site inspection, staff did note that the garbage dumpster and recycling container was not screened. It is suggested that the petitioner prepare a design of an enclosure and submit it to staff prior to Council approval of this item. Because the City owns the subject area in fee title,the City Council will also have to approve a "sale of excess"property ordinance to properly convey it to the petitioner. If there are any utilities in this area(gas or electric), a utility easement must be reserved. RECOMMENDATION FOR SAV#99-05 City Staff recommends approval of this proposed street vacation for the following reasons: • This is a stub street that ends in the apartment parking lot; • Not possible to put the street through to 6151 as the intersection would be too close to the 615` and University intersection; • Tenants have been using the stub street as their private parking area for a number of years; • The"snowbird"ordinance would not allow the tenants to park in this area, if it were to remain a public street. STIPULATIONS If approved, staff recommends the following stipulations be attached. 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 3 Mr. Mattke stated the stipulations seem reasonable. The haZearing. P Y comments regarding the request. 9 9 q MOTION by Mr. Sielaff, seconded by Mr. Kuechle, to close thUPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSOND THE MOTION CARRIED AND THE PUBLIC HEARING C SED AT 7:43 P.M. Mr. Oquist stated the request seems straightforward d is covered with the stipulations. MOTION by Mr. Oquist, seconded by Mr. Ku e le, to recommend approval of Special Use Permit, SP #99-11, by Ted Mattke, Ma a Engineering, Inc., for Wal-Mart Stores Inc., for a proposed addition to the outdo garden center, generally located at 8450 University Avenue, with the following pulations: 1. All building permits shall b btained prior to start of construction. 2. City reserves the right to equire additional parking, at the code required 1:150 ratio, should demand rrant it at any time in the future. 3. Parking islands disp ced by the expansion shall be relocated as indicated on the site plan submitte y Mattke Engineering, dated 8/13/99. 4. No garden sale hall occur in the parking lot. 5. No products f sale may be displayed on the sidewalk. 6. Thereshall a no outside storage of chemical fertilizers, pesticides, or herbicides 7. Bulk ite s shall be screened from the.public right-of-way. 8. Propo d expansion shall be constructed of the same materials as, and be arch' ecturally consistent with, the existing building. 9. SP/#99-11 shall replace SP #92-07 and SP #94-14. UPOPL4 VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE/MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on November 8. 2. PUBLIC HEARING: CONSIDERATION OF A VACATION, SAV #99-05, BY MARC RICE: To vacate that portion of Star Lane for the purpose of tenant parking, generally located at Star Lane. MOTION by Mr. Slelaff, seconded by Mr. Oquist, to waive the reading of the public hearing notice and to open the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING OPEN AT 7:44 P.M. Mr. Hickok stated the petitioner is requesting to vacate a portion of the University Avenue service road right-of-way not used by the general public and to use this space as off-street parking for his tenants. Because the City owns the subject area and has • PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 4 fee title, the City Council will also have to approve the sale of the excess property ordinance to convey it to the petitioner. Mr. Hickok stated the area of the service road to be vacated is at the northwest quadrant of 61St Avenue N.E. and University Avenue. At one time, the service drive was intended to go along University Avenue and connect at 61St. From our modern day standards, connecting a right-of-way that close to a major intersection is not a good idea. For many years, this has not been used as a public right-of-way. Mr. Hickok stated the road was platted in 1952 as part of the Sylvan Hills Addition. In 1962, the apartment building was constructed. 'Mr: Hickok stated that due to the fact that this is a stub street that ends in the apartment parking lot; it is not possible to put a street through to 61 St; tenants have been using the stub street as their private parking area for a number of years, and a "snowbird" ordinance would not allow the tenants to park in this area if it were a public street, staff recommends approval of the request with the following stipulations: 1. City staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. Mr. Kuechle asked if the City has been maintaining that part of the roadway. Mr. Hickok stated the City has done snow removal. In the recent past, some patchwork has been done to that segment of the roadway. At that time, the Public Works staff asked if that repair was necessary. The Public Works staff is in support of the request. Mr. Rice gave a history of how this request came about. Last spring, there was a pothole on the street, and he called the Public Works Department to fix the pothole. When he said it was not his property, Public Works staff called back and stated it was not under the City's jurisdiction. Upon further checking, he met with the Public Works staff. At that time, they asked if Mr. Rice would like this piece of land. He did not do anything for several months. Then he was made aware of the parking ordinance. The building was constructed in 1962. At that time, they had one stall for each apartment. Now each apartment has two cars. He knew he had to do something about the parking situation, and that is why he is here today. Mr. Rice stated he has cleaned up the garbage on that part of the street, he has been mowing there, and his brother has been doing the snowplowing. The street is a one- way street. To get to the street, you must go through the building's parking lot. The parking lot is for tenants only. The street is of no purpose to the City. The tenants would also appreciate the extra parking. The petition is not only for himself but for the tenants. r PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 5 Ms. Savage asked if the petitioner had any problems with the stipulations. Mr. Rice stated the only question he has is regarding the enclosure for the dumpster. The dumpster is already enclosed. This must refer to the recycling bins. He will work with staff to find out what he would need to do. Mr. Lindberg stated he has no objection to the proposal. It is a good idea. It seems like a coincidence that this came up about the same time he heard there was going to be an ordinance about on-street parking or overnight parking, which he does oppose. He came to see if there was a connection. Is there an ordinance for on-street parking? Mr. Hickok stated, yes, there is a "snowbird" ordinance. Mr. Lindberg stated he now lives in New Brighton and they have an overnight parking ordinance. He had friends stay overnight, they parked in front of his house, and they were ticketed. He has no problem with getting the cars off the street for snow plowing. It is those residents who have small lots who will be hurt by this. He does support the vacation request. MOTION by Mr. Oquist, seconded by Mr. Sielaff, to close the public hearing. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:52 P.M. MOTION by Mr. Sielaff, seconded by Mr. Oquist, to recommend approval of Vacation, SAV #99-05, by Marc Rose, to vacate that portion of Star Lane for the purpose of tenant parking, generally located at Star Lane, with the following stipulations: 1. City staff shall approve the design and location of garbage dumpster and. recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. Savage stated the City Council would consider this request on November 8. 3. RECEIVE THE MINUTES OF THE SEPTEMBER 2 1999 HOUSING AND REDEVELOPMENT A THORITY MEETING: MOTION by Mr. Kuechle, seco ded by Mr. Sielaff, to receive the minutes of the September 2, 1999, Housing an Redevelopment Authority meeting. UPON A VOICE VOTE, ALL VOTIAYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMO LLY. PLANNING COMMISSION MEETING, OCTOBER 20, 1999 PAGE 6 4. REIVE THE MINUTES OF THE SEPTEMBER 9 1999 HUMAN RESOURCE COM ISSION MEETING: MOTION by r. Oquist, seconded by Mr. Kuechle, to receive the minutes of the September 9, 999, Human Resource Commission meeting. UPON A VOIC VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION C RRIED UNANIMOUSLY. 1 5. RECEIVE T�E MINUTES OF THE SEPTEMBER 13 1999 PARKS & RECREATIO COMMISSION MEETING: MOTION by Mr. Siela N seconded by Mr. Kuechle, to receive the minutes of the .September 13, 1999, Prks & Recreation Commission meeting. UPON A VOICE VOTE, A L VOTING AYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED U ANIMOUSLY. 6. RECEIVE THE MINUT�S OF THE SEPTEMBER 21, 1999, ENVIRONMENTAL QUALITY & ENERGY C MMISSION MEETING: MOTION by Mr. Sielaff, seconded y Mr. Oquist, to receive the minutes of the September 21 , 1999, Environments Quality & Energy Commission meeting. UPON A VOICE VOTE, ALL VOTINGYE, CHAIRPERSON SAVAGE DECLARED THE MOTION CARRIED UNANIMOUS Y. OTHER BUSINESS: , 7. APPROVE THE 2000 PLANNING CO MISSION MEETING DATES: MOTION by Mr. Kuechle, seconded by Mr. Oqulll�t, to approve the meeting dates for the year 2000 as follows: January 5 July January 19 July 1 February 2 August February 16 August 1 March 1 Septembe 6 March 15 September 0 April 5 October 4 April 19 October 18 May 3 November 1 May 17 November 15 June 7 December 6 June 21 December 20 = AGENDA ITEM CITY COUNCIL MEETING OF NOVEMBER 89 1999 L7RIDL OF EY Date: 11/02/99 To: William Burns,City Manager A.<@d From: Barbara Dacy,Community Development Director Scott Hickok,Planning Coordinator Paul Bolin, Planner RE: Planning Commission action on SAV#99-05 M-99-271 INTRODUCTION The petitioner is seeking to vacate a portion of the University Avenue service road right-of-way, not used by the general public, and use it as off-street parking for his tenants. Marc Rice owns the 18-unit apartment building located at 6111 Star Lane. The portion of the service drive to be vacated is a dead end that adjoins the apartment parking lot. MnDOT transferred ownership of this portion of the right-of-way to the City in the early 1960's when University Avenue was under construction. PLANNING COMMISSION ACTION At the October 20, 1999 Planning Commission meeting, a public hearing was held for SAV#99-05. The Planning Commission unanimously recommended approval with stipulations. After brief discussion, a motion was made and seconded to recommend approval of the street vacation request, SAV#99-05 with stipulations. The motion carried unanimously. STAFF RECOMMENDATIONS FOR SAV#99-05 City Staff recommends concurrence with the Planning Commission and approval of street vacation resolution, with the following stipulations. 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. 18 V 0 It-�* - AGENDA ITEM ri CITY COUNCIL MEETING OF NOVEMBER 81 1999 CrrY OF FRIDLEY Date: 11/02/99 To: William Bums, City Manager,;^r, , From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Consider First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof M-99-272 INTRODUCTION The portion of the University Avenue service road, which is the subject of a recent vacation request by Marc Rice at 6111 Rice Street, was conveyed to the City in fee title in the early 1960s. In order to properly combine this strip of land with the petitioner's property, it must be conveyed by a quit claim deed. The City Charter requires that the"sale" of all public lands occur via an ordinance which declares the property as excess. Unlike other properties the City has sold as excess, this property is extremely unique and has very little value. There are ongoing snow removal and maintenance costs that burden the City's street maintenance budget. Therefore, staff recommends the property be conveyed to the adjacent property owner for$1.00. STAFF RECOMMENDATION Because a public hearing has been conducted as part of the vacation request, an additional hearing for this ordinance is not required. Staff recommends that the City Council pass for first reading the attached ordinance declaring the subject property as excess. 24 ORDINANCE NO. AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING SALE THEREOF The Council of the City of Fridley does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of Fridley, Anoka County, State of Minnesota, described as follows: That part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying Easterly of the Northerly extension of the West line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the West 25 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills, lying South of an Easterly extension of the North line of said Outlot A, and lying north of a line 20 feet, as measure at right angles to, and parallel with the South line of said Outlot A and its Easterly extension SECTION 2. It is hereby determined by the City Council that the City no longer has any reason to continue to own said property, and the City is hereby authorized to sell or enter into a contract to sell said property. SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary contracts and deed to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS OF ' 1999. NANCY J. JORGENSON - MAYOR ATTEST: DEBRA A SKOGEN - CITY CLERK First Reading: November 8, 1999 Second Reading: Publication: 25 AGENDA ITEM ri CITY COUNCIL MEETING OF NOVEMBER 22, 1999 MY OF FRIDLEY Date: 11/17/99 n To: William Burns, City Manager From: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator Paul Bolin, Planner RE: Consider Second Reading of an Ordinance Under Section 12.06 of the Fridley City Charter Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof M-99-278 INTRODUCTION The portion of the University Avenue service road, which is the subject of a recent vacation request by Marc Rice at 6111 Rice Street, was conveyed to the City in fee title in the early 1960s. In order to properly combine this strip of land with the petitioner's property, it must be conveyed by a quit claim deed. The City Charter requires that the "sale" of all public lands occur via an ordinance which declares the property as excess. Unlike other properties the City has sold as excess, this property is extremely unique and has very little value. There are ongoing snow removal and maintenance costs that burden the City's street maintenance budget. Therefore, staff recommends the property be conveyed to the adjacent property owner for $1.00. STAFF RECOMMENDATION Because a public hearing has been conducted as part of the vacation request, an additional hearing for this ordinance is not required. The first reading of the ordinance was approved at the November 8, 1999, Council meeting. Staff recommends that the City Council pass and adopt the second reading of the attached ordinance declaring the subject property as excess. 1 FRIDLEY CITY COUNCIL MEETING OFNOVEMBER 8 1999 PAGE 3 should demand warrant it at any ime in the future; 3) Parking islands displaced by the expansion shall be relocatio as indicated on the site plan submitted by Mattke Engineering, dated August 1 , 1999; 4) No garden sales shall occur in the parking lot; 5) No products for sale may e displayed on the sidewalk; 6) There shall be no outside storage of chemical ferti ' ers, pesticides, or herbicides; 7) Bulk items shall be screened from the public right- -way; 8) Proposed expansion shall be constructed of the same materials as, and be chitecturally consistent with existing building; and 9) SP #99-11 shall replace SP #9 07 and SP #94-14. APPROVED S_ CIAL USE PERMIT, SP #99-11. 3. RESOLUTION NO. 89-1999 APPROVING A VACATION SAV #99-05 VACATING A PORTION OF THE UNIVERSITY AVENUE SERVICE DRIVE (BY MARC RICE Mr. Burns, City Manager, stated that Marc Rice, the owner of an 18-unit apartment complex at 6111 Star Lane, requested the vacation of a 1.03 acre portion of the University Avenue Service Drive that dead ends at his property. Since the service drive will not be extended to 61" Avenue due to its proximity to University Avenue, staff recommended approval of the request. The vacated property will be used by Marc Rice to provide additional parking for his tenants. The request was approved by the Planning Commission at their meeting on October 20, 1999. Staff recommended Council's concurrence with the following stipulations: 1) Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation; 2) The petitioner shall enclose the dumpster and recycling container by November 1, 2000; and 3) The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. APPROVED RESOLUTION NO. 89-1999. 4. FIRST READING OF ANO INANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CkRTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE T EROF WARD 1): Mr. Burns stated that this ordinan authorizes the sale of the 1.03 acre property discussed in Item 3 to Marc Rice for$1. 0. Staff recommended Council's approval. WAIVED THE READING AND APP VED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8 1999 PAGE 4 5. APPROVE CH NGE ORDER NO. 1 TO THE LIQUOR STORE PARKING LOT IMPROVEMEA PROJECT NO. 326: Mr. Burns stated th t when staff prepared estimates for this project, they looked at area to be covered rather th n to topography. After the contract was bid, it was discovered that the existing lot drain d poorly and that a lot of the existing asphalt had to be replaced. In fact, the contractor, iversified Paving, used more than twice the amount of patching leveling mix that wa in our estimate. The cost of this additional work is $10,207.70. Staff recommended Co ncil's approval for a change order for this amount. APPROVED CHANG ORDER NO. 1 TO THE LIQUOR STORE PARKING LOT IMPROVEMENT ROJECT NO 326. 6. RESOLUTION NO. 90- 999 REQUESTING FUNDING FROM MINNESOTA DEPARTMENT OF TAANSPORTATION FOR TRUNK HIGHWAY 65 CAUSEWAY IMPROVEM NTS FROM CENTRAL AVENUE TO 63RD AVENUE AND AGREEING TO COMPLETE THE PROJECT IF SAID FUNDING IS PROVIDED: Mr. Burns stated that this resoluti authorizes the City to make application for funding from MnDOT's Metro Division. he source is their FY 2001 Municipal Agreement program for locally administered co struction projects involving a trunk highway. By_ authorizing the resolution, Council w Id be agreeing to complete the project if funding is provided. The project would add ad itional north and southbound lanes on Highway 65 between Interstate 694 and a point j st north of 63`d Avenue. Staff recommended Council's approval. APPROVED RESOLUTION NO. 90-1999. 7. RESOLUTION NO. 91-1999 AUTH RIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2000 CALENDAR YEAR: Mr. Burns stated that staff recommended a three p\ncase in salaries and related fringe benefits for employees not in a collectivunit. This is the same increase that is included in our year 2000 contracting unit employees. The resolution also includes a three percent increase inautomobile allowances. If approved theses increases will take effect forformed in 2000. Staff recommended Council's approval. APPROVED RESOLUTION NO. 91-1999. 8. RESOLUTION NO. 92-1999 AMENDING RESNO. 8-1999 CALLING FOR A SPECIAL ELECTION ON AMENDING THE FRIDL Y CITY CODE CHAPTER 409, ORDINANCE NO. 1130: FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 3 should demand warrant it at any time in the future; 3) Parking isl ds displaced by the expansion shall be relocation as indicated on the site pla submitted by Mattke Engineering, dated August 13, 1999; 4) No garden sales shall cur in the parking lot; S) No products for sale may be displayed on the sidewalk; 6 There shall be no outside storage of chemical fertilizers, pesticides, or herbicides; 7 ulk items shall be screened from the public right-of-way; 8) Proposed expansion s all be constructed of the same materials as, and be architecturally consistent with e i ting building; and 9) SP #99-11 shall replace SP #92-07 and SP #94-14. APPROVED SPECIAL USE PERTNIIT, SP #9 -11. 3. RESOLUTION NO. 89-1999 APPRO ING A VACATION SAV #99-05 VACATING A PORTION OF THE U IVERSITY AVENUE SERVICE DRIVE (BY MARC RICE): Mr. Burns, City Manager, stated t at Marc Rice, the owner of an 18-unit apartment complex at 6111 Star Lane, re ested the vacation of a 1.03 acre portion of the University Avenue Service Dri that dead ends at his property. Since the service drive will not be extended to 61" venue due to its proximity to University Avenue, staff recommended approval of e request. The vacated property will be used by Marc Rice to provide additional par ' g for his tenants. The request was app ved by the Planning Commission at their meeting on October 20, 1999. Staff reco ended Council's concurrence with the following stipulations: 1) Staff shall approv the design and location of garbage dumpster and recycling container enclosure prior o Council granting the street vacation; 2) The petitioner shall enclose the dumpster and ecycling container by November 1, 2000; and 3) The petitioner shall agree to convey a necessary easements in the area to be vacated as determined by staff. APPROVED RESOLUTION NO. 89-1999. 4. FIRST READING OF AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEROF (WARD 1): Mr. Burns stated that this ordinance authorizes the sale of the 1.03 acre property discussed in Item 3 to Marc Rice for$1.00. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. I , FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8. 1999 PAGE 4 5. APPROVE C NGE ORDER NO. 1 TO THE LIQUOR STORE PARKING LOT IMPROVEME T PROJECT NO. 326: Mr. Burns stated hat when staff prepared estimates for this project, they looked at area to be covered rather than to topography. After the contract was bid, it was discovered that the existing lot dr ined poorly and that a lot of the existing asphalt had to be replaced. In fact, the contracto , Diversified Paving, used more than twice the amount of patching leveling mix that as in our estimate. The cost of this additional work is $10,207.70. Staff recommended Council's approval for a change order for this amount. APPROVED CHA GE ORDER NO. 1 TO THE LIQUOR STORE PARKING LOT IMPROVEME T PROJECT NO 326. 6. RESOLUTION NO. 0-1999 REQUESTING FUNDING FROM MINNESOTA DEPARTMENT OF TRANSPORTATION FOR TRUNK HIGHWAY 65 CAUSEWAY IMPRO MENTS FROM CENTRAL AVENUE TO 63RD AVENUE AND AGREEING TO COMPLETE THE PROJECT IF SAID FUNDING IS PROVIDED: Mr. Burns stated that this res lution authorizes the City to make application for funding from MnDOT's Metro Divisi n. The source is their FY 2001 Municipal Agreement program for locally administer d construction projects involving a trunk highway. By_ authorizing the resolution, Coun it would be agreeing to complete the project if funding is provided. The project would a d additional north and southbound lanes on Highway 65 between Interstate 694 and a p int just north of 63`d Avenue. Staff recommended Council's approval. APPROVED RESOLUTION NO. 90 999. 7. RESOLUTION NO. 91-1999 AUTHORIZING AN INCREASE IN COMPENSATION AND CHANGES IN CERTAIN BENEFITS FOR THE 2000 CALENDAR YEAR: Mr. Burns stated that staff recommended a \inable t increase in salaries and related fringe benefits for employees not in a coaining unit. This is the same increase that is included in our year 2000 cbargaining unit employees. The resolution also includes a three percent incrcable automobile allowances. If approved theses increases will take effek performed in 2000. Staff recommended Council's approval. APPROVED RESOLUTION NO. 91-1999 8. RESOLUTION NO. 92-1999 AMENDINIO NO. 88-1999 CALLING FOR A SPECIAL ELECTION ON AMENDINGTHE FfUDLEY CITY CODE CHAPTER 409, ORDINANCE NO. 1130: FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22, 1999 PAGE 9 APPROVAL OF MINUTES: City Council Meeting ofvember 8 1999 MOTION/CAED er Barnette to approve the minutes of the City Council Meeting of Novembered by Councilmember Bolkcom. UPON A ALL VOTING AYE, MAYOR JORGENSON DECLARED THE MOTIONANIMOUSLY. APPROVOSED CONSENT AGENDA: OLD BUSINESS: 1. ORDINANCE NO. 1135 UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE THEREOF: Mr. Burns, City Manager, explained that at the November 8 meeting, Council approved the vacation of a 1.03 acre piece of University Avenue service drive right-of-way adjacent to 6111 Star Lane. The action tonight would sell the vacated property to the adjoining property owner for S1. His intent is to use the property to create additional parking for tenants at his 18-unit apartment complex. Staff recommended Council's approval. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1135 ON THE SECOND READING AND ORDERED PUBLICATION. NEW BUS NESS: 2. REC VE THE PLANNING COMMISSION MEETING MINUTES OF NOVEMBER 3, 1999: RECEIV THE PLANNING COMMISSION MEETING MINUTES OF NOVEMB 3, 1999. 3. APPROVE DI POSITION OF TAX FORFEIT PROPERTIES LOCATED IN THE CITY OF FRID EY: Mr. Burns, City M nager, explained that Anoka County has recently forwarded a list of five tax forfeit prop ies in Fridley. Four of these are small, unbuildable parcels at the Innsbruck Townhome . The fifth parcel, a buildable parcel, is located at the end of Polk Street, south of Lynde rive. While these parcels could be acquired by the City, we find no municipal purpose se ed by acquiring them. Staff recommended that all five parcels be sold by the County. APPROVED DISPOSITI N OF TAX FORFEIT PROPERTIES LOCATED IN THE CITY OF FRIDLEY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 22 1999 PAGE 10 4. RESOLUTION NO. 93-1999 DESIGNATING POLLING PLACES AND APPOINTING ELECTION JUDGES FOR THE DECEMBER 14 1999 ECIAL ELECTION: Mr. Burns, City Manager, stated that staff recommended the designatio of polling places and the appointment of election judges. ADOPTED RESOLUTION NO. 93??-1999. 5. ESTABLISH A PUBLIC HEARING FOR DECEMB R 13 1999 FOR THE CONSTRUCTION OF A NOISE WALL ON THE WE9T SIDE OF UNIVERSITY AVENUE N.E. FROM 44TH AVENUE NORTH TO I- 4: Mr. Burns, City Manager, stated that 27 residents wh attended a MnDOT open house on November 10 considered a MnDOT proposal to co tract a noise wall on the west side of University Avenue between 44" Avenue and I-6 4. Of those present, fourteen favored the construction of the wall and seven opposed e wall. Staff proposed that an additional mailing to impacted residents be made and t t a public hearing on this issue be held at the December 13 City Council meeting. S ff recommended approval of the motion to establish this hearing. ESTABLISHED A PUBLIC HEA NG FOR DECEMBER 13, 1999, FOR THE CONSTRUCTION OF A NOISE ALL ON THE WEST SIDE OF UNIVERSITY AVENUE N.E. FROM 44TH AVE UE NORTH TO I-694. 6. ESTABLISH A PUBLIC H ARING FOR DECEMBER 13 1999 FOR THE LOCAL LAW ENFORCE NT BLOCK GRANT: Mr. Burns, City Man/tated that the City has been selected to receive $22,705 in Local Law Enforcement lock Grant funding. In order to receive the money, the City must convene an adviso board that would recommend the manner in which the money will be spent. Once e advisory board has made its recommendations, Council must hold a public hearin to consider them. Staff recommended that this hearing be held on December 13, 1999. ESTABLISHE A PUBLIC HEARING FOR DECEMBER 13, 1999, FOR THE LOCAL LAW ENFORCEMENT BLOCK GRANT. 7. MOTION O AUTHORIZE ADVERTISEMENT FOR BIDS FOR A NEW FIRE ENGINE VOR THE FIRE DEPARTMENT: Mr. Bu s, City Manager, stated that the 1999 Capital Improvements Fund includes $320,0 0 for the purchase of a new fire engine that would replace a 1971 and a 1981 engi . Staff recommended Council's approval. T S ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED THE REGULAR AGENDA. LEGALS City of Fridley ORDINANCE NO.1135 AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING SALE THEREOF The Council of the City of Fridley does ordain as follows: SECTION 1. The City of Fridley is the fee owner of the tract of land within the ' City of Fridley, Anoka County, State of Minnesota,described as follows: That Part of Outlot A,Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying Easterly of the Northerly extension of the West line of Lots 1 through 15 inclusive,Block 5,Hyde Park according to the record plat thereof. And also;the West 25 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills,lying South of an Easterly extension of the North line of said Outlot A,and lying north of a line 20 feet, as measure at right angles to, and parallel with the South line of said Outlot A and its Easterly extension SECTION 2. It is hereby deter- mined by the City Council that the City no longer has any reason to continue to own said Property,and the City is hereby authorized to sell or enter into a contract to sell said proper- SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary con- tracts and deed to affect the sale of said property. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 22ND OF NOVEMBER,1999. NANCYJ.JORGENSON-MAYOR ATTEST: DEBRA A SKOGEN-CITY CLERK First Reading: November 8,1999 Second Reading: November 22,1999 (December 2, 1999) Fridley, Columbia Heights,Hilltop Focus News y C11YOF FRIDLEY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY,MN 55432•(612)571-3450•FAX(612)571-1287 CITY COUNCIL ACTION TAKEN NOTICE November 16, 1999 Marc Rice 6111 Star Lane NE Fridley, MN 55432 Dear Mr. Rice: On November 8, 1999, the Fridley City Council officially approved your request for a Vacation, SAV#99-05, resolution #89-1999, to vacate a portion of University Avenue Service Drive, legally described as that part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying easterly of the northerly extension of the west line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the west 25.0 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills. Lying south of a easterly extension of the north line of said Outlot A, and lying north of a line 20.0 feet, as measured at right anglesto, and parallel with the south line of said Outlot A and its easterly extension, generally located at 6111 Star Lane NE. Approval of this vacation resolution #89-1999, is contingent upon the following stipulations: 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. If you have any questions regarding the above action, please call me at 612-572-3590. ncerely, Barbara Dacy, AICP Community Development Director BD/jt cc: Herman Rice Address File Assessing Dept. Gis Dept. Please review the above, sign the statement below and return one copy to the City of Fridley Planning Department by November 23, 1999. Concur with action taken. C-99-206 t � ��' �� 1178706 STATE OF MINNESOTA ) CITY COUNCIL PROCEEDINGS VACATION COUNTY OF ANOKA ) CITY OF FRIDLEY In the Matter of: A Vacation Request, SAV#99-05 �G►2. Owner: Marc Rice The above entitled matter came before the City Council of the City of Fridley and was heard on the 8th day of November, 1999, 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 a portion of the University Avenue Service Drive, legally described as that part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying Easterly of the Northerly extension of the West line of Lots 1 through 15 inclusive, Block 5, Hyde Park according to the record plat thereof. And also; the west 25 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills, lying south of an easterly extension of the north line of said Outlot A, and lying north of a line 20 feet, as measured at right angles to, and parallel with the south line of said Outlot A and its easterly extension, generally located at 6111 Star Lane. IT IS ORDERED that a vacation be granted as upon the following conditions or reasons: Approved with three stipulations. See City Council meeting minutes of November 8, 1999. STATE OF MINNESOTA ) COUNTY OF ANOKA ) OFFICE OF THE CITY CLERK CITY OF FRIDLEY ) I, Debra A. Skogen, City Clerk for the City of Fridley, with and in for said City of Fridley, do hereby certify that I have compared the foregoing copy and Order granting a vacation with the original record thereof preserved in my office, and have found the same to be a correct and true transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of Fridley, Minnesota, in the County of Anoka on the day of �G n,Ay- f , 200 DRAFTED BY: City of Fridley 6431 University Avenue N.E. OIL Fridley, MN 55432 Debra A. Skogen, City Cl - .v "' ,✓ i n " ' (SEAL) y bp♦ 'J p `�J yppasa - ti FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8 1999 PAGE 3 should demand warrant it /13, 99; the future; 3) Parking islands displaced by the expansion shall be relocacated on the site plan submitted by Mattke Engineering, dated August No garden sales shall occur in the parking lot; 5) No products forsalemay on the sidewalk; 6) There shall be no outside storage of chemical fertil� ers, pesticides, or herbicides; 7) Bulk items shall be screened from the publ/berchitecturally way; 8) Proposed expansion shall be constructed of the same materials as, aconsistent with existing building; and 9) SP #99-11 shall replace Sd SP #94-14. APPROVEDUSE PERMIT, SP 999-11. 3. RESOLUTION NO. 89-1999 APPROVING A VACATION, SAV #99-05, VACATING A PORTION OF THE UNIVERSITY AVENUE SERVICE DRIVE (BY MARC RICE): Mr. Burns, City Manager, stated that Marc Rice, the owner of an 18-unit apartment complex at 6111 Star Lane, requested the vacation of a 1.03 acre portion of the University Avenue Service Drive that dead ends at his property. Since the service drive will not be extended to 61" Avenue due to its proximity to University Avenue, staff recommended approval of the request. The vacated property will be used by Marc Rice to provide additional parking for his tenants. The request was approved by the Planning Commission at their meeting on October 20, 1999. Staff recommended Council's concurrence with the following stipulations: 1) Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation; 2) The petitioner shall enclose the dumpster and recycling container by November 1, 2000; and 3) The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. APPROVED RESOLUTION NO. 89-1999. 4. FIRST READING OF A3 ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SAL THEROF WARD 1): Mr. Burns stated that this ordi nce authorizes the sale of the 1.03 acre property discussed in Item 3 to Marc Rice fo 1.00. Staff recommended Council's approval. WAIVED THE READING AND PROVED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 8, 1999 PAGE 4 5. APPROVE CHAN4 ORDER NO. 1 TO THE LIQUOR STORE PARKING LOT IMPROVEMENT P JECT NO. 326: Mr. Burns stated that w n staff prepared estimates for this project, they looked at area to be covered rather than t topography. After the contract was bid, it was discovered that the existing lot drained p orly and that a lot of the existing asphalt had to be replaced. In fact, the contractor, Div sified Paving, used more than trivice the amount of patching leveling mix that was in ur estimate. The cost of this additional work is $10,207.70. Staff recommended Counci 's approval for a change order for this amount. APPROVED CHANGE RDER NO. 1 TO THE LIQUOR STORE PARKING LOT IMPROVEMENT P OJECT NO 326. 6. RESOLUTION NO. 90-1 99 REQUESTING FUNDING FROM MINNESOTA DEPARTMENT OF TRWNSPORTATION FOR TRUNK HIGHWAY 65 CAUSEWAY IMPROVEMENTS FROM CENTRAL AVENUE TO 63RD AVENUE AND AGREEING TO C MPLETE THE PROJECT IF SAID FUNDING IS PROVIDED: Mr. Burns stated that this res ution authorizes the City to make application for funding from MnDOT's Metro Divisi n. The source is their FY 2001 Municipal Agreement program for locally administe d construction projects involving a trunk highway. By_ authorizing the resolution, Cou cil would be agreeing to complete the project if funding is provided. The project woul add additional north and southbound lanes on Highway 65 between Interstate 694 and point just north of 63`d Avenue. Staff recommended Council's approval. APPROVED RESOLUTION N . 90-1999. 7. RESOLUTION NO. 91-199 AUTHORIZING AN INCREASE IN COMPENSATION AND CHAN ES IN CERTAIN BENEFITS FOR THE 2000 CALENDAR YEAR: Mr. Burns stated that staff recommen ed a three percent increase in salaries and related fringe benefits for employees not in a collective bargaining unit. This is the same increase that is included in our year 20 0 contracts for bargaining unit employees. The resolution also includes a three percent crease in applicable automobile allowances. If approved theses increases will take ffect for work performed in 2000. Staff recommended Council's approval. APPROVED RESOLUTION NO. 91-19 8. RESOLUTION NO. 92-1999 AMENDIN RESOLUTION NO. 88-1999 CALLING FOR A SPECIAL ELECTION ON AM DING THE FRIDLEY CITY CODE CHAPTER 409, ORDINANCE NO. 1130: RESOLUTION NO 89-1999 _ A RESOLUTION APPROVING A VACATION,SAV#99-05,VACATING A PORTION OF THE UNIVERSITY AVENUE SERVICE DRIVE WHEREAS,The Planning Commission held a public hearing on the vacation, SAV#99-05, on October 20, 1999, and recommended approval to vacate: That part of Outlot A, Sylvan Hills according to the plat thereof on record at Anoka County, Minnesota. Lying Easterly of the Northerly extension of the West line of Lots 1 through 15 inclusive,Block 5,Hyde Park according to the record plat thereof. And also; the West 25 feet as measured at right angles of the platted Service Road in said plat of Sylvan Hills, lying South of an Easterly extension of the North line of said Outlot A, and lying north of a line 20 feet, as measure at right angles to, and parallel with the South line of said Outlot A and its Easterly extension WHEREAS,the City Council at its November 8, 1999,meeting approved the vacation request; and WHEREAS, City Staff has determined it is not possible for public use of this small portion of the service drive; and WHEREAS,that portion of the University Avenue Service Drive to be vacated shall be returned to adjoining property owners; and WHEREAS,the vacation request has been made in conformance with Minnesota Statutes and pursuant to Section 12.07 of the City Charter and Chapter 205 of the Fridley City Code. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Fridley,Minnesota, hereby approves the vacation, SAV#99-05,and authorizes the City Clerk to amend Appendix C of the City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF NOVEMBER 1999. CyR N N-MAYOR ATTEST: , DE RA A. SKOGEN-CCY CLERK • Resolution No. 89-1999 Page 2 EXHIBIT A 1. City Staff shall approve the design and location of garbage dumpster and recycling container enclosure prior to Council granting the street vacation. 2. The petitioner shall enclose the dumpster and recycling container by November 1, 2000. 3. The petitioner shall agree to convey any necessary easements in the area to be vacated as determined by staff. ABSTRACT Receipt ❑ Certified Copy ' Date Mailed Date/Time: � ❑ Tax Liens/Releases Doc.Order of DOCUMENT NO. 1478706 . 0 ABSTRACT ✓by: Pins: Y&' ANOKA Doc Tax Pd ANOKA COUNTY MINNESOTA Recordability Delgs: ❑ Transfer ❑ New Desc. I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS FILED IN THIS OFFICE / FOR RECORD ON JAN 04 2000 Filing Fees:, ❑ Division ❑ GAC AT 5 : 00 PM AND WAS DULY RECORDED. Well Certificate ❑ Status Def.Spec FEES AND TAXES IN THE AMOUNT OF $19 . 50 PAID. ❑ Received this Date: Anoka County Recorder ❑ Other A No Change RECEIPT NO. (f 0 0 0 013 5 6 EDWARD M.TR S Notes: ANOKA COUNTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES LAB BY DEPUTY PROPERTY TAX ADMINISTRATOR/RECORDER/REGISTRAR OF TITLES RW00025996G- 68- 0441 S.P. 0205 (56=156) S. P. 0210 (100=212) QUIT CLAIM DEED The State of Minnesota having acquired the real estate hereinafter described for trunk highway purposes, and the Commissioner of Transportation of said State having determined that the same is no longer needed by said State for trunk highway purposes, and that the same may be conveyed and quit claimed to the City of Fridley. NOW, THEREFORE, Upon said determination and pursuant to Minnesota Statutes, Section 161. 16, Subdivision 4 , in consideration of the future maintenance, improvement, or reconstruction by Grantee of such roadways , the State of Minnesota , Grantor , by R. P. Braun, its Commissioner of Transportation, hereby conveys and quit claims to the City of Fridley, Grantee , for highway purposes, all its interest including any conditions, restrictions, covenants and easements that run with the land together with and including the right of access control as shown in Part of Parcel 19 S.P. 0210-04 (100=212) 901 and Part of Parcel 76 S.P. 0205 (56=156-23) ; except that access to Trunk Highway No. 156 renumbered 47 from the lands herein described shall be restricted as hereinafter set forth in the reservation clause ; in and to the real estate situate in the County of Anoka , State of Minnesota, described as follows : ^r�� DFLINO�1 �.NT TAXES Page 1 of 5 AND vRANIJLir ENTER�IcD" County, ' _ - C'ePuty , RW00025122G DESCRIPTION FOR THE TURNBACK OF PART OF TRUNK HIGHWAY NO. 156 RENUMBERED 47 TO THE CITY OF FRIDLEY Part of Parcel 19 S. P. _0210-04 (100=212) 901 That part of Tract A described below: - s Eyq S G?yq o sr, z 3 30 Tract A. Lots 24 through 30 inclusive, of Block 13, Hamilton' s Addition to Mechanicsville , according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Anoka County, Minnesota , the title thereto being registered as evidenced by Certificate of Title No. 43954 ; which lies northwesterly of Line 1 described below and southerly of Line 2 described below: Line 1. Beginning at a point on the north line of Block 11 of said Hamilton' s Addition to Mechanicsville, distant 25 feet east of the northwest corner thereof; thence run southwesterly to a point on the east right of way line of Trunk Highway No. 47 as located and established prior to January 1, 1945, distant 985 feet southerly of its intersection with a line run parallel with and distant 75 feet southerly of Line 3 described below and there terminating; Line 2. From the west quarter corner of Section 23, Township 30 North, Range 24 West , run southerly along the west line thereof , for 1068. 72 feet; thence deflect to the left at an angle of 85 degrees 49 minutes 38 seconds for 191 . 02 feet; thence deflect to the left at an angle of 3 degrees 17 minutes 15 seconds for 1073 . 99 feet; thence deflect to the right at an angle of 89 degrees 02 minutes 15 seconds for 922. 72 feet to the point of beginning of Line 2 to be described; thence deflect to the left at an angle of 90 degrees 00 minutes 00 seconds for 200 feet and there terminating; Line 3 . Beginning at a point on the north and south quarter line of said Section 23, distant 1254 . 6 feet south of the center of said Section 23; thence run westerly at an angle of 85 degrees 59 minutes 00 seconds from said north and south quarter line (measured from north to west) for 1400 feet and there terminating; together with all right of access control , being the right of ingress to and egress from that part of Parcel 19 herein conveyed to the lands adjacent thereto. Part of Parcel 76 S. P. 0205 (56=156-23 ) That part of Tract A described below: )T 3 �J 7_ Tract A. The Southeast Quarter of the Northwest Quarter of Section 14, Township 30 North, Range 24 West , Anoka County, Minnesota; which lies between two lines run parallel with and distant 35 feet and 75 feet easterly of Line 1 described below: Page 2 of 5 Line 1. From a point on the east and west quarter line of Section 23, Township 30 North, Range 24 West , distant 1278. 2 feet east of the west quarter corner thereof, run northerly at an angle of 89 degrees 18 minutes 00 seconds from said east and west quarter line (measured from west to north) for 3348. 7 feet; thence deflect to the right on a 00 degree 10 minute 00 second curve (delta angle 1 degree 23 minutes 30 seconds) for 835 feet; thence on tangent to said curve for 1494 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 415 feet and there terminating; together with all right of access control , being the right of ingress to and egress from that part of Parcel 76 herein conveyed to the lands adjacent thereto, along the following described line: From the point of beginning of Line 1 described above run northerly along said Line 1 for 66 feet to the point of beginning of the line to be described; thence run northerly along said Line 1 for 289 feet and there terminating . Parcel 276D S. P. 0205 (56=156_-23 ) S�� All that part of the following described tract: /1I T3 b I )? Z4- L"out1ot_A, _._Sylvan Hills; according to the plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota; which lies easterly of the northerly extension of the west line of Lots 1 to 15 inclusive, Block 5, Hyde Park. Parcel 282ES. P. 0205 (47=156-23) X104 64 NG1�4 0% - 30 � 2q All that part of the following described tract: (, Lot 7 , Block 2, Osborne Manor , according to the plat thereof on fi-lam and of record in the "office of the County Recorder in and for Anoka County, Minnesota ; which lies westerly of a line run parallel with and distant 205 feet easterly of the following described line: Beginning at a point on the south line of Section 11, Township 30 North, Range 24 West, distant 1244. 24 feet east of the southwest corner thereof ; thence run northerly at an angle of 89 degrees 42 minutes 25 seconds with said south section line (when measured from east to north) for 263. 23 feet; thence deflect to the left at an angle of 02 degrees 15 minutes 00 seconds for 1396 . 14 feet; thence deflect to the right on a 00 degree 15 minute 00 second curve (delta angle 01 degree 10 minutes 30 seconds) for 470 feet; thence on tangent to said curve for 1438. 64 feet; thence deflect to the right on a 00 degree 04 minute 59. 6 second curve (delta angle 00 degrees 48 minutes 00 seconds) for 961 . 18 feet; thence on tangent to said curve for 500 feet and there terminating . Page 3 of 5 Parcel 282B S. P. 0205 (47=156-23 ) All that part of the following described tract: That part of the Northeast Quarter of the Northwest Quarter of Section 11, Township 30 North, Range 24 West , described as follows : Beginning at the northwest corner of said Northeast Quarter of the Northwest Quarter ; thence south along the west line thereof 448. 35 feet; thence east at right angles 99 . 86 feet to the point of beginning of the tract hereby to be described , which point is on the easterly line of University Avenue ; thence continuing east in a straight line 170 . 36 feet; thence north at right angles parallel with the west line of said Northeast Quarter of the Northwest Quarter a distance of 240 . 4 feet, more or less, to the center line of Osborne Road; thence southwesterly along the center line of said road 169. 83 feet, more or less, to the east line of University Avenue ; thence south along said east line thereof 208. 7 feet, more or less, to the point of beginning; which lies westerly of a line run parallel with and distant 205 feet easterly of the following described line: Beginning at a point on the south line of said Section 11, distant 1244. 24 feet east of the southwest corner thereof; thence run northerly at an angle of 89 degrees 42 minutes 25 seconds with said south section line (when measured from east to north) for 263 . 23 feet; thence deflect to the left at an angle of 02 degrees 15 minutes 00 seconds for 1396. 14 feet; thence deflect to the right on a 00 degree 15 minute 00 second curve ( delta angle 01 degree 10 minutes 30 seconds) for 470 feet; thence on tangent to said curve for 1438. 64 feet; thence deflect to the right on a 00 degree 04 minute 59. 6 second curve (delta angle 00 degrees 48 minutes 00 seconds) for 961 . 18 feet; thence on tangent to said curve for 900 feet and there terminating . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESERVATIONS CLAUSE Subject to the following restrictions and reservations : No access shall be permitted to Trunk Highway No. 156 renumbered 47 from the lands herein described and conveyed in Parcel 19 on S.P. 0210-04 (100=212) , Parcel 76 on S. P. 0205 (56=156-23 ) and in Parcel 282B on S. P. 0205 (47=156-23 ) ; except that access shall be permitted northerly of the point of termination of the following described line: Beginning at a point on the south line of said Section 11, distant 1244. 24 feet east of the southwest corner thereof; thence run northerly at an angle of 89 degrees 42 minutes 25 seconds with said south section line (when measured from east to north) for 263 . 23 feet; thence deflect to the left at an angle of 02 degrees 15 minutes 00 seconds for 1396 . 14 feet; thence deflect to the right on a 00 degree 15 minute 00 second curve ( delta angle 01 degree 10 minutes 30 seconds) for 470 feet; thence on tangent to said curve for 1438. 64 feet; thence deflect to the right on a 00 degree 04 minute 59. 6 second curve ( delta angle 00 degrees 48 minutes 00 seconds) for 961 . 18 feet; thence on tangent to said curve for 464 . 6 feet and there terminating . Page 4 of 5 D da this Dated of Y a Approved as to form: STATE OF MINNESOTA -44 BY: SpeciAssista t ttorne eneral Commissioner of. Transpbrtat;ion - r Seal of the Commissioner o.f -Ttatjrspoz STATE OF MINNESOTA ) ss. COUNTY OF RAMSEY ) On this C204 day of - , 19 gam. before me, a�7- ary ublic within and or said County, personally appeared I . AQ„�-�(,� , to me personally known to be the person who executed the foregoing instrument and who did say that he is the (Commissioner of Transportation) Tran spc r ta-t-ion--and--duly--•autfio ri z ed—agont---rrf Tr ansspartatlaA4—of the State of Minnesota and acknowledged that he executed the foregoing instrument and caused the seal of the Commissioner of Transportation to be affixed thereto , by authority of Minnesota Statutes, Section 161 . 16, Subdivision 4 , and as the free act and deed of said State. x AAW MA MAAAAA M w, COI E.TTE E.PROKOP Approved as to execution: NornRv PI+e,.ic- ntrn,r•+s_;.; My Comm 0 Alvvvvvvwwvvvvvvvvvvvvvvvv^vv\.Fvv%vwA% S7p—eciay Assistant/—Attorney General This instrument was drafted by the This instrument is EXEMPT State of Minnesota, Department of from State Deed Tax. Transportation, R/W Legal Section, St. Paul , Minnesota 55155 The City of .Fridley hereby accepts this deed. . Sidney L, . Inman, City Clerk Page 5 of 5 6y3/ Ove. 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