Loading...
Ordinance No. 0867 10-06-1986 (2).r , . . STATE OF MINNESOTA QOUNTY OF A1VpKA CITY OF FRILg,EY ) ) ) ) ) ss �44229 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� �• � ia� �• a�� a+• �•�. a± 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. F� ��\ S� �, � � . J "�o y ` 1."+i.�-w�i�+, .. , � � . . � . . "� . ..' � � . N � � " i° �J .,��,�'�; -" �� ' ��� � � SHIRLEY A. AI�A� Q,ERK CITY OF FRIDLEY � � .. .,,. ...;.m , .,,•a„.,, 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: �(� 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 L� ✓ ����� WILLIAM J. N - MAYOR � � r • �, yl • � �i�� : �I' • ' : • 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. \ .,. �'. �� 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. � •• ►;_�.� �.� : . i . . `�.� �_ i i. .; � • � _; :. � �• �; ; 4- �. � a�•.•r _ _: v :__.�►. 4�_ • M .I.L �. '+��'_ � y �. • .�� = .�. ; `t: ' 4, �.� :�4* !G.l,l: • �_ .� • !� : :� � M?� 11 � .t_ � �i �.. '.�. I4�� , �I ' L� • _ ��l� � • 4.� .: �� !! �!�! _�:. � : 4�!� : : • v�. �I4�' � � : � � : t��i___ ._;_; -6- • L. �!�!1 �. • � �.��,: . � . ' : . +�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. L ' Mr. flnery stated in regard to Item 9, nothing has been done to remedy erosion and maintenance problans resulting from the surcharging and the -7- , . ' , . '� �. _ ��', �OUNCIL l�ETlrt; �F crirx�F'�t 6, 86 �I 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. �� = �!� . • �� . � �. �1 • i� '..!.M !. : �?+�1 •' M .�1 � 1:.�. �: �,��,�� ��� _+� • :t y �� � - •• r -• -- • �i� � ' • � • � � �' �t�ili _ � : /� i : �.M ,� : 7i� ,M ,1!'�i�.0 � � �� M: � _ ; � � ?My-.: ; . , -- _ _�/_ �►!?!�; _ ! ; _k�� . � � • 4� : ��►l � ► =f v : t�Y � : • �!!. � u -8- ,. � J � � . ' ' � 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 � ' ' � , daY \i/�� 19—B�.C. .� a��t� ;., �A�'t'�,q /i�. F�t:���i �lYl �, : � �-:�,� �,,:u�.��«�� � r ,. :� _.. ... _ _ �b,�+•, r ,.? i � . x 1'..;�'.�x 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 •._ .. $ 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) itN �'��� —T_ F% OF �ify o[ �s: �`i9�- ev..e_� - v�F i �.,�,d�, w,;,.x.- �iAll�dwlV,LE� Msyor;i �kAPAL:ik '�":� _..: �.c:.•--'--- ....�.. . _�;.. � � � n n � hi �P F'• F'• t: N•WC ct MI-� C!• �C ����, � C � �J � i�ii K � �. � �� � nwi C � � a z � • � . ''.''�� R �.'� '-�`� ._.._ i.i�� p_`.'-._ ._ , ' �?�i:l�': ii ti� � r� �_� � ��� ,,,.,, � , � � � �, o i�� � ��aT � _ � y � � m � W � ° � a � m o � $ Z n O O � A � � ? -°� a z � Q �� a N .� � � � ' � c° ° � � a s -� � O � ��i+ n �, a � �° ;. < � K -�, o�om � � � � � �d a c �. �{ ✓ ,�,+�,� � �Q���� ��'���� a �. � .r � , V �