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Res 2014-88 RESOLUTION NO. 2014-88 RESOLUTION DENYING FINAL PLAT, P.S. #12-01, AND EASEMENT VACATION SAV #13-02 PERTAINING TO THE COLUMBIA ARENA PROPERTY, LOCATED AT 7011 UNIVERSITY AVENUE NE. WHEREAS, the Planning Commission held a public hearing on August 15, 2012, and recommended approval of said plat and associated easement vacation; and WHEREAS, the City Council approved the preliminary plat and associated easement vacation for COLUMBIA ARENA ADDITION at its September 10, 2012, meeting; and WHEREAS, because of William Fogerty’s request for an extension for final plat approval and approval of associated easement vacation, on March 11, 2013, the City Council approved a two- month extension until May 11, 2013, for final plat approval and approval of associated easement vacation; and WHEREAS, on May 6, 2013, the property owner, William Fogerty, signed a waiver to Minn. Stat. § 15.99 and all applicable deadline requirements related to the platting and easement vacation process, that would allow him additional time to prepare the final plat mylars and associated documents; and WHEREAS, on June 10, 2013, at William Fogerty’s request, the City Council continued the final plat and easement vacation approval until the June 24, 2013, City Council meeting; and WHEREAS, the City Council was then asked for several more extensions for both the final plat and easement vacation through the July 14, 2014, meeting; and WHEREAS, no further extensions were requested by the petitioner as they had now entered final stages of negotiations for the sale of the property to the Fridley Housing and Redevelopment Authority; and WHEREAS, The Fridley Housing and Redevelopment Authority sought to purchase the property without being subject to said plat and easement constraints; and WHEREAS, it is incumbent upon the City of Fridley to not leave requests such as plats and easement vacations open-ended without resolution, but instead to act to approve or deny said requests as appropriate; and WHEREAS, the denial of said plat and easement vacation requests would be the most appropriate course to close the otherwise open-ended requests; and WHEREAS, denial of said plat and easement requests would free the property from boundaries and encumbrances that were not the request of the current property owner, the Fridley Housing and Redevelopment Authority; and Resolution No. 2014-88 Page 2 WHEREAS, the Fridley Housing and Redevelopment Authority is free to make their own plat and easement requests at such time a they find the necessity; NOW, THEREFORE, BE IT RESOLVED, the City Council denies both final plat, PS #12-01 and Easement Vacation, SAV#13-02 for COLUMBIA ARENA ADDITION PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEYTHIS TH 8 DAY OF DECEMBER 2014. ________________________________ SCOTT J. LUND - MAYOR ATTEST: _________________________________ DEBRA A. SKOGEN - CITY CLERK Resolution No. 2014-88 Page 3 EXHIBIT A STIPULATIONS st 1.University Avenue Service Drive and 71 Avenue shall be dedicated as public right-of- way on final plat. st 2.A 5 ft. sidewalk shall be installed along the University Avenue Service Drive and 71 Avenue to meet the specifications of the City engineering department upon issuance of a building permit for Lot 1, 2 or 3. 3.An easement to provide perpetual access to the fire training facility has been discussed, and agreed to, but has not been shown on preliminary or final plat. An easement description and easement agreement must be prepared, approved by the City’s Fire Chief, executed by the parties and made ready for filing, prior to issuance of a building permit for the project on Lot 2. 4.A water main and utility maintenance agreement to provide maintenance of water and other utilities servicing Lots 1, 2 and 3 and also affecting nearby City property has been discussed, and agreed to; a utility agreement must be prepared, approved by the City’s Public Works Director, executed by the parties and made ready for filing, prior to issuance of a building permit for any project on Lots 1, 2, or 3. 5.An easement to provide perpetual shared parking between Lot 3 and Locke Park to the south shall be prepared, approved by the City Parks and Recreation Director and made ready for signature and filing, prior to final plat approval. 6.An easement for the Anoka County Trail with Anoka County shall be prepared, approved by the City’s Park and Recreation Director and made ready for signature for filing, prior to approval of final plat. 7.The existing Anoka County Trail shall remain in its current location until such time Lot 3 is developed. When Lot 3 is developed, the Anoka County Trail may be relocated pursuant to the terms of the Anoka County trail easement referenced in Stipulation 6 and the relocated trail shall be constructed according to Anoka County standards at the property owner’s expense. 8.The relocation of the Anoka County Trail and the filing of the trail easement described in Stipulations 6 and 7 and the parking easement described in Stipulation 5, will eliminate the developer’s need to contribute park dedication for this plat. 9. Petitioner William Fogerty shall provide the City with the quit claim deed transferring the property from William Fogerty and Carmel Fogerty to Columbia Development, LLC (the “Quit Claim Deed”). 10.Petitioner William Fogerty delegates to and authorizes the City to file and record the legal documents contemplated by and involved with the platting of the property that is the subject of City zoning application P.S. #12-01, including but not limited to the Quit Claim Deed, the COLUMBIA AREA ADDITION plat, the conveyance of the trail and parking easements described in Stipulations 5, 6, 7 and 8, and the vacation of the easements identified in the Resolution and related Exhibits associated with City zoning application SAV #13-01 (collectively the “Development Documents”).