Ordinance No. 0867 10-06-1986 (2).r
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STATE OF MINNESOTA
QOUNTY OF A1VpKA
CITY OF FRILg,EY
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I. the undersigned, being the duly qualified City Clerk of the City of
Fridley, Minriesota, do hereby vertify that the ORDINANCE attached hereto, was
adopted by the City Council of the City of Fridley at said meeting on OCTOBER
17, 1986 with the original record thereof on file in my office, and the same
is a full, true and complete transcript therefrcm insofar as the same relates
to:
ORDINANCE Np. 867
AN ORDINANCE UNDER SEGTION 12.07
OF THE CITY Q�ARTER Zp VA(7�TE
S'TREETS AND ALLEYS AND TO AMEND
APP�IDIX C OF THE CITY QpI�
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AYES: ALL — IVAYS: NONE
WITNESS MY HAND as City Qerk of the City of Fridley and the seal of the
City. this 272H day of JANUARY, 1987.
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SHIRLEY A. AI�A� Q,ERK
CITY OF FRIDLEY
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ORDINANCE N0. 867
AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO
VACATE STREETS AND ALLEys AND TO AMEAJD APPENDIR C OF THE
CITY CODE
The City Council of the City of Fridley does ordain as follows:
SECTION 1. For the vacation of a utility easement described as follows: The
five foot utility easement along the southwest property line of
Lot 4, Block 1, Innsbruck North Townhouses Plat 4, to a point ten
feet west of the southeast property line of the same lot, the same �
bei�ag 5462 :Kei�tei Road N. E. AI1 Iyi:�g in the South half of
Section 24, T-30, R-24, Anoka County, Minnesota. �,
Be and is hereby vacated.
SECTION 2. The said vacation has been made in conformance with Minnesota
Statutues and pursuant to Section 12.07 of the City Charter and
Appendix C of the City Code shall be so amended.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF
OCTOBER, 1986
ATTEST:
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SHIRLEY A. PALA - CI CLE�
Public Hearing: SQptem�er 8, 1986
First Reading: September 8, 1986
Second Reading: October 6, 1986
Publication: October 13, 1986
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WILLIAM J. N - MAYOR
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stated thEy may hive had people in the i�nediate area otrjecting, but that is
against 74 other persons who sic�ed the petition.
I�yor Nee felt the question is whether or not it is a good or bad idea to
sell this Farael. He stated staff felt the �aroel should be sold and they
are �aid to advise the Q»cil. I�yor Nee asked Mr. Fbdvin, without getting
into personalities, if he felt it wa�s a cpod iciea t�o attach this parcel to
what is naw lanc�ocked property.
Mr. FUdvin stated he dich�'t know if the drainage would work. He stated
there are problens gererated from the Creekridge developnent. He stated Mr.
Bric}aler is naw using other peogle's back yards as a retention area.
C�l.mcilman Schneider stated there may have been some mistakes made in the
Fast, but the Co�cil has to go forward from this point and he felt the
proposal before them would allow an orc3erly developnent and provide a
oorrection for the c3rainage �roblen that exists.
N'�r. I�dvin stated this Faroel is more than 6,000 square feet and the City
should make sure they are Faid the mrrect amo�nt.
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Co�mcilman Barrette stated he personally dich't feel this �aroel would serve
the residents well for use as a park. He felt, haaever, oonsideration
should be given to change the name of the park and urged Mr. P�civin to
follaw throuc� in this rec$rd. �
Mr. Fbdvin stated this request has alreac}� been submftted. He stated the
entire matter is the �rinciple, as this paroel was c�nc7esnred for a park and
should ranain as Fark property.
tIK)N A VOICE VO'IE TAi�+] CN �-IE ABoVE NDTION, all voted aye, and Mayor Nee
declared the motion carried urlanimously. '
In regard to Mr. Bricl�er's request that he be allaaed a seoond building on
his developnent site, before the land survey is registered by the County,
the follawing action was taken:
NDTION b� Co�cilman Schneider to authorize staff to issue two building
permits for the Creek Ridge II Plat, P. S. #86-02, with the following
stiulations: (1) Builder ass�unes responsibil ity for any mistakes in
staking; (2) A 10 foot �ility and c�ainac�e easement be provided along the
south side of Lots A and B; (3) A retention pond be provided on the north
side of Lot C by Novenber 30, 1986; and (4) Builder work with staff to
�ravic3e uldergro�d electric servioe t�o hanes on CYeek Park Lane. Seoonded
tr� Q�imcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee
c3eclared the motion carried unanimously.
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+�f I�r. F2ora, Public VTorks Director, stated as �rt of the review process
associated with Mr. Farr's request for this vac�tion, staff has prepared a
m�no identifying nine items, listed under Category A, which are still
outstanding commitments. He outlined these items as follows: (1)
Pedestrian lighting, required as per agreenent dated 4/19/76 has been
installed only on the east side of Farr Lake pathway; (2) Replace failing
retaining wall on the r�orth side of Brenner �ss N.E.; (3) Remove piles of
dirt and debris and sod 15 feet back of curb on the west side of East
Brenner I�ss N. E. ;(4) ReFair washed out drainage swale at the end of East
Brenner Pass N. E. ;(5) Remove debris (street s�aeepings) and plant grass seed
to establish ground cover on vacant lot area, Block 4 and 5, Innsbruck
Village Second Addition, southwest of Black Forest Condos; (6) Sod
toulevard, 15 feet back of curb, on the south of North Innsbruck Drive j ust
west of tGew Brighton border; (7) Restore buf£er between townhouse at 1511
rbrth Innsbruck Drive N. E. and Mulvihill residenoe at 5601 North L�nube Road
P�. E. , as per City glan c�ted 9/19/86; (8) Install tot lot on oottunon Froperty
on Plat 5, as per agreement dated 4/19/76; and (9) Remedy erosion and
maintenanoe problems resulting from surcharging on Block 21, Innsbruck
V il l ac�e s. ,
Mx. filora stated a$10,000 letter of credit should be provided kyy Mr. Farr
to a�ver the above items �der Category A which staff feels is the
resp�nsibil ity of the developer.
N1r. F�ora stated the items, wvered under C�tegory B, should be worked out
t�tween the Zbwnhouse Association and the Developer. He stated these are as
follaws: (1) Sod open area on South Bavarian R�ss N. E. between Lots 36 and
37, Block 1, Innsbruck North Zbwnhouses Plat 4; (2) Regair asphalt in the
driv�aay at 5677 West Bavarian F�ss N. E. ;(3) Install sod 15 feet back of
curb and oontinue sFruce line on South Bavarian Pass N. E. , east of 1586
South Bavarian �hss N. E. ;(4) Sod 15 feet back of curb on south side of
Brenner Pass N. E. ;(5) Replaoe all tenporacy curbing wi-tfi permanent o�ncrete
curb and qutter on West Brenner Pass N. E. , Brenner Pass N. E. , and East
Bavarian Pass N. E. ;(6) ReFair asphalt depression in road adj acent to 5519
East Bavarian F�ss N.E.; and (7) Truck damage to North Innsbruck Court be
se ttl ed.
Mr. Flora stated the items, under Category C, pertain strictly to the
Zbwnhouse Association and these are as follaas: (1) Improve asphailt �sthway
arotmd pond b� resurfacing where r�eoessary; (2) Replace broken path light
luninaire on the east side of Farr Lake; (3) Repair asphalt in the parking
area on Bonhoff Jtnction; and (4) Patd� �arking lot on the r�ortheast side af
Black Fbrest CAncbs.
Mr. Dnery, President of Villages of Innsbruck Tawnhouse Association, stated
th�y are o�nqerned with Ite•r� 5 Lmder (�teg�ry A, He stated the Association
has renwed all the debris and made an agreenent with Mr. Farr that he would
seed and sod this area. He stated he would 1 ike to make sure no more debris
is dunped here.
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' Mr. flnery stated in regard to Item 9, nothing has been done to remedy
erosion and maintenance problans resulting from the surcharging and the
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problem is c�etting more serious because of the h�avy rainfall.
Mr. F�nery stated Item 2, under Category B, is the Associaton's
responsibility. He stated the main ooncern is Item 7 pertaining to the
truck damac�e to North Innsbruck Court. He stated he was acivised tr� Mr. Dan
Farr this would be taken care of. He stated he would 1 ike this item moved
unc�r C�tegory A itens which are the responsibil ity of the developer.
N'r. Farr statec3 their p�sition is they would be responsible only for the
It�ns listed b� staff �der (�tegory A.
Councilman Schneider asked Mr. Dan Farr if they acknowledged any
responsibility for damages to the street. Mr. Farr stated they did
acknowledge some responsibility and would work with the Townhouse
Association to take care of the problen.
�ir. Herrick, City Attorrey, stated this issue is really a matter between the
Zbwnhouse Association and the developer as this is a private street. He
stated if it was a public street, it would be within �the City's
jurisdiction. Mr. Herrick felt the Zbwnhouse Association v�uld adopt some
rules and b�-laws on what thEy require on vacant lots rec$rding seeding and
sodcli ng and what 1 imits they want to imp�se on thei r streets.
Mr. �r.ery stated they would like a guarantee there woulch�'t be further
dumping on the vacant lots. Mr. Flora stated any change in the land,
r«�uires a land alteration permit.
Mr. F7nery asked how long the letter of credit would be in effect. Mr.
Herrick stated it would be in effect i,ntil all the items under Category A
have been o�mpleted. He stated it should be spelled out in the letter of
credit what would be cbne if oertain chtes for cAmple�ion of these itgns are
not met.
NDTION bi� Co�mcilman Schneider to wa.ive the semnd reading of Ordinance No.
867 and acbpt it on the seaond reading, after a letter of credit for $10,000
is reoeived and, if any items under Category A are not oompleted in the
timetable shown, the letter of credit will be drawn upon. FUrther, in
addition to the nine stipulations listed above, under C�tegory A, another
item be added that no dumping of any kind will be permitted on vacant
property without a permit f ran the City. Upon a voioe vote, all voting aye,
hgyor Nee declared the motion �rried unanimously.
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' ' � Minnesota �rban Newspapers, I�
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Donald K Morten on , being duly sworn on an oath says that he/she
is the publisher or authorized agent and employee of the publisher of the newspaper known as
Fridley Focus , and has full knowledge of the facts which
are stated below.
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended.
(B) The printed Ordinnnce No.867
which is attached was cut from the columns of said newspaper; and was printed and published once each
week, for one successive weeks; it was first published on Monda� , the � 0 day
of Nevembe , �g� and was thereafter printed and published on every to
and including , the day of , 19_; and printed below is
a copy of the lower case alphabet from A to 2, both inclusive, which is hereby acknowledged as being the size
and kind of rype used in the composition and publication of the notice:
abcdefghijklmnnpyrstuvw x
B Y: G����V ���' G �, ���'�����
Subscribed and sworn to before me on this
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by Iaw for the above matter
(3) Rate actua�ly charged for the above matter
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$ 2.10 per line
(Line, word, or inch rate)
$ 36.5� per line
(Line, word, or inch rate)
$ 35¢ per line
(Line, word, or inch rate)
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