The URL can be used to link to this page

AF-AG - 46496, . ; `a, � 'r -�� s � �� d . e�+��+a��ia� BQTLIIJARD TREE REPLA�N�1T AND MAIN�IANCE '�f10�9 4HIS AGREEMENT made and entered into �is /S� day �a��c. _�, 1987 between La6arenoe J. Berg & Geraldine E. Berg, Husband & Wife, hereinaf ter referred to as "Owners," fee awners of Lot 16, Block 2, Parkview Heights Addition; and the City of Fridley, Cotmty of Anoka, Minnesota, hereinaf ter referrred as "City." � WHEREAS, the owners have requested the City to replace ' boul � jtree on the above referred property also known 1080 Hackmann � �:�.c1 �.. --- �---1.....---� � WHERFAS, the awners agree to maintain said boulevard tree as the need arises. gIEREFORE, because of the severe slope of the b�ulevard, it is agreed the owners will prwide imnediate and �ntinued maintenance of the boulevard replacement tree on Lot 16, Block 2, Parkview Heights Addition (1080 Hackmann Circle), and shall eliminate thereon hazards to safety and conditions of unsightliness and shall hold the City harmless of any liability or da�nages o�nsequent upon, resulting fran, graaing out of, or in any manner o�nnected with the replaoement txee plaoement or maintenance on the above referenoed property. FUR'lHER, IT IS NLI�LIALLY PGREED that the pravisions of this agreenent shall be binding upon and enforceable against the parties hereto, their sucoessors and assigzs and all subsequent awners of the property herein described. An ex�ecuted oopy of this agreenent shall be filed with Anoka Cbunty Rev�rder's Offioe and made a part of and be binding upon the above described property. IN WI'IlV�S.S WHERmF, the day of � , 1987. �is instrun drafted City of Fridley 6431 University Avenue F'ridley, M�i 55432 parties have hereunto set their hands this �_ By: La�wrenoe J. g- Hus nd ` � � Geraldine E. Berg - W' e . .v 1 � T'. AGREEN�NT Berg/City of Fridley . State of Miruyesota) _ � ) ss � County of Anoka ) On this __�/�-�' day of , 1987, before me, a Notary Public within and for the County o-f��ka the State of Minnesota, personally appeared Lawrenoe J. Berg and Ger dine E. Berg, husband and wife, to me knaan tA be the same person described in and who executed the foregoing instr�nent, ar� acknawledged that they executed the same as their f ree act and deed . ,�,r.��n,.�,�. i65: 'L 'NVf S3elIdX3 'WWG� AY� A1N!10� V110N7 �.. V1053NN�:4'—�119f1d AbV10N ��',�; 3r�ii� �i �,�vw3soa �€,,�� • W V W VVl'V�hYY�M'V�1NW W VV1h'VWV ■ . ,,. :; ,�� , � � . ,��I •4�• � '.1 '� !, - . � '°. , �, . . . , � ', -� , •, ,- � , . � ;� : . . ,, State of Miru�esota) ) ss Co�ty of Anoka ) / � i ; �_ j �r� �_� � _ ,� / 1 Notery Pu41ic/ ` V V �t.�..�,tNf�' �� `.1`� � Willian J. - yor City of Fridl � j � ��:.^ � �� t--- ��--; -" � ' �l�sim M. Qureshi - City Manager City of Fridley On this �_� day of 1�_, 1987, before me, a Notary Public within and for said County, personally appeared William J. Nee and Nasim M. Qureshi, to me personally knawn, who being eadz by me duly sworn they did say that they are respectively the Mayor and City Manager of the City of �idley, t3ie municipal oorp�ration named in the foregoing instrunent, and tht the seal affixed to said instrunent is the corporate seal of said municigal corp�ration, and said William J. Nee and Nasim M. Qureshi acknawledged said instrunent to be the free act and deed of said municipal �rporation . a�roE v. rowwErz w�a�n rNUe - ��csr� u�o� couKnr *a..r.�w dv+�.�... n. �r : • `..�.L �il-� � / . /,�'i. � -----:-- - - - - --_.�_-• --- .. . M _ ._ . - - - .. --- i - - ��""" DIRECTORATE � °F . PUBLIC WORKS � , CITYOF �/IEMORANDUM FRl DLEY � ZU: Nasim Qureshi, City Manager FROM: John G. F1ora,�Public Works Director L1ATE: A�ril 20, 1987 SUBJECT: Boul�vard Tree - 1080 HaciQnann Circle rf� �(� ° °.n "'i<�� oo �l�'" �— � -- � 1,��.� Aa'87-122 ��j %� � f N,C/ld/f c�1 �7` Ei 6i� �-s �%voi rio,v '1' �� - The situation regarding the replacement of the boulevard tree at Mr. Berg's, 1080 Hackmann Circle, is essential as explained in Councilman Schneider's mc�orandtmi of April 20, 1987. ' The front yard of rir. Berg's rises quite steeply from the street which precludes the use of the City tree spaae. Our policy to date has been to retr.ave ariy diseased boul�vard tree at City expense and replaoe those trees via our tree spaae onto the private property in order to preclude any future liability. In this g�rticular case, the tree sFade cannot safely install the tree. If it is desired, one of three options can be taken: 1. We vould utilize a backhoe to c7ig a hole on the property, dig the tree out, haul the tree to the site, place it in the hole, then restore the property. This rer,uires oonsiciera�7.e amount of effort and cost. 2. We could manually dig a hole and place a tree on the property. This also is time oonsurning anu expensive. 3 We oould attenpt to replaoe the trees on the boulevarci and o in a waiver which could be reoorded on the property removing ar�y future liability of the City for the tree if a tree is to be installed. Please let me know which option is most agreeahle. JGF/ts l�'� f I�'.G�Ah,� �,.r CGc� /�/ll��J �o � I - � �4 �°'- f: ` �r� S�h�� f� � S r,�,� ,�,. Tr� � �n.� � �� •� � i � sr 7 � �� .� :�:.. :..._. _ .. A + . S� , ,/ a r�i Zo, ti9s� Speed Message 70_ Jock_and John � Date ._p-_-_...___..-- -- NASIM QURESHI, CITY MANAGER'S OFFICE — From-- — ------------ — Subject MISCELLAhEOUS CONSTITUENT CONCERNS BY COUNCILMAN SCHNEIDER __Please_provide information on the item of concern listed by your name ___ __. on the attached sheet`The _information is_ to _be_ placed _in the _____�___ . Council_packet today b� ��3d• -- ----�-- Thank you for your__assistance. ----- t�1Q/1a -- - - -- Wilson Jones Company ��„ Signed _ _ _ _ ...- � ..�... �. $� .� . . ✓' � � TO: FROM: DATE• CITY OF FRIDLEY MEI�tORANDUIi NASIM QURESHI, CITY MANAGER DENNIS SCHNEIDER, COUNCII.MAN I�IARD 2 APRIL 20, 1987 SIIBJECT: MISCEII.ANEOUS CONSTITUENT CONCERNS Nasim, I have a couple of minor constituent problems which I would like you to check into and provide me a follow-up. 1. ��t�L Mr. Al Fehn, who lives on Hillwind Drive, 574-1736, called to complain about all of the junk and sutomobiles on the home on Fillmore below him. I don't have the address of the house on Fillmore, but it's the home that looks something like a castle with tall turrets. If you recall, we've had difficulty with that home before� in that there is a lot of junk being stored on the property. Would you have someone from inspection take a look at the area, and either issue the appropriate tax and if in fact there are no violations let me know that is the case. 2. Mr. Larry Berg, 1080 Hackman Circle, 571-8265, apparently, last year, the City removed a diseased boulevard tree from his property at City expense. At the time the tree was removed, he was told it would be replaced by the ✓��j�� City. When the tree didn't arrive last year, he called to find out why and was informed that the City would not replace the tree on boulevard property since the City did not want to have the liability of taking care of the tree in the future. He was, however, offered a tree if it were placed on his property rather than City property. He indicated that would be alright with him. 1�"",� 1'�'�G !�'.� �� r' �� (� � � G"'r � �t� � Several weeks passed and no tree was planted. When he inquired as to why, he was told that his lot was too steep for the tree spade and therefore the City could not provide him with a new tree. He indicated that he would be willing to sign a waiver indicating that he would take care of and assume responsibility for the tree if it were planted on boulevard property. He was told that this would not be acceptable. The bottom line is the City did remove his tree, promised to replace it, and now he doesn't have a tree at all and he would like one. Nasim, would you check into this and let me know what the City's side of the story is, and what if anything we can do so that his tree can, in fact, be replaced. 3. This is just a follow-up request on my part, . our solicitors ordinance could be amended to the solicitors, in fact� could ring doorbells researched through the League of Cities and ordinance change. What is the status of that anticipate that it will be brought back amendment. cc: John Flora Sometime ago I asked whether include ours limiting when . I understand that this was it is possible to make the change, and when would you to Council for ordinance ° t -- —�:— _ _ '� i � ,.� � ��N�F FRIDLEY - -- - - - � FRQM: L1ATE: DtRECTORATE �F PUBI.lC WORKS 1ViEMORANDUM Nasim gareshi, City Manager John G. Flora,�rublic Works Director April 27, 1987 SUBJF7(.�: Boulevard Tree - 1080 Hac}anann Circle �: Speed N1PSro of 4-24-87 � o0 o.' -o �� o 0 � � r� 1 �� — - 1�' � PW87-129 We had provided, by my menr� of April 20, three options for a boulzvard tree replaoement. Councilman Schneider suqgested w�e use Alternate 3 which was to obtain a waiver reoorded against their property and then replace tY� boulevard tree. The waiver agreem�nt has been drawn and will b�rovided to the Bergs on Tuesday morning, April 28, for signature. �ce the document has been signed and received by the City, we will initiate action to record it at the County and to replace the boulevard tree which was rem�ved last year. This acticaz should be ccstpleted this w�eek. 0 0 . � R.., i . To John Flora____---_____.____--_-_ -_ ___ Date .April_ 24, 1987 Sqeed Message From _NAS{M QURESHI, CITY MANAGER'S OfF{CE Subject_ Boulevard Tree -]080 Hackmann Circle Action Request: Schneider � .. , ._Please provide_an update on_this situation with the option.that has been selected. � _ Thank youu�_____ _` _ ---- - ----=------ NMQ/la _ _ _ Wilson Jones Company � �� Si9f18d _ 0 � �j�r �..,�.:�.._ � �- — � � .. - - �� - DiRECTORATE ��►� o F PUBL[C WORKS CITYOF 1'VIEMORANDUM f [Z1 DLEY _ __ _ . � To: FROIfi: DATE: r'asim Qureshi, City Manager John G. F1ora,�Public Works Director A�ril 20, 1987 SZJ�JECT: Boulevard Tree - 1080 Hacl�.nn Circle 0 � ° °.o I l'`��<''-�� o 0 G''U'�+ �— � � �-=- t'�� i� 87-122 The situation regarding the replacement of the boulevard tree at Mr. Eerg's, 1080 Hackmann Circle, is essential as explained in Councilman Schneider's mEr�orandum of April 20, 1987. ' The front yard of l�ir. Berg's rises quite steeply from the street which precludes the �e of the City tree sgaue. Our policy to c3ate has been to relr.ave any diseased boulevard tree at City expense and replaoe those trees via our tree spacie onto the private property in oruer to preclude any future liability. In this particular case� the tree sFade cannot safely install the tree. If it is desired, one of three options can t�e taken: 1. We vould utilize a backhoe to nig a hole on the property, dig the tree out, haul the tree to the site, place it in the hole, then restore the property. This rer,uires aonsicierarle amount of effort an6 cost. • 2. We could manually dig a hole and place a tree on the property. This also is time oonsuQC�,ing and expensive. 3. We oould atter,pt to replaoe tbe trees on the boulevard and obtain a waiver which o�uld be reo�rded on the property re.n:oving ar�y future liability of the City for the tree if a tree is to be installed. � Please let me know which option is most agreeahle. JGF/ts �