Ordinance No. 0867 10-06-1986 (3)� r+ s
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF FRIDLEY
In the Matter of a Vacation, SAV #86-03
Darrel Fa�r , Owner
'74.6�59
CITY COUNCIL PROCEEDINGS
VACATION
The above entitled matter came before the City Council of the City of Fridley
and was heard on the 6 day of October � 19 86 , on a
petition for a vacation pursuant to the City of Fridley�s Appendix C of the
City Code, the following deseribed property:
Vacate the five foot utility easement along the southwest property line of
Lot 4, Block 1, Innsbruck North Tcx�mhouses Plat 4, to a point ten feet
west of the southeast pro�erty line of same lot, the same being 5462 Meister
Road N.E.
IT IS ORDERED that a vacation be granted as upon the following conditions or
reasons:
See Council minutes of Octobe� 6, 1986, with 10 stipulations.
STATE OF MINNESOTA )
COUNTY OF ANOKA )
CITY OF FRIDLEY )
OFFICE OF THE CITY CLERK
I, Shirley A. Haapala, 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 correet and true transcript of
the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto subscribed my hand at the City of
Fridl , Minnesota, in the County of Anoka on the ��-ri�_ day of
, i 9��..
DRAFTED BY:
City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
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SHIRLEY A. HAAPALA, CITY C�ERi�, .. .'�^�,
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stated they may have had people in the imnediate area objecting, but that is .�
against 74 other pers�ns who si.c,�ed the petition.
t�'�yor Nee felt the question is whether or not it is a good or bad idea to
sell this Faroel. He stated staff felt the �eroel should be sold and they
aze Faid to advise the �imcil. Mayor Nee asked Mr. Fbdvin, without getting
into personalities, if he felt it was a good idea t�o attach this garcel to
what is now lanc�ocked property. _ -
Mr. R�dvin stated he dic�'t know if the drainage would work. He stated
there are �xoblens gererated fran the Cxeekridge developnent. He stated Mr.
Bric)mer is naw using other people's back yarcls as a retention area.
O�imcilman Schneic3er stated there may have been some mistakes made in the
past, but the Coimcil has to go forward from this point and he felt the
propasal before �h� would �llaw an orc3erly develounent and provide a
oorrection for the drainage �roblen that exists.
Mr. l�dvin statea this �aroel is more than 6,000 square feet and the City
should make sure they are �aid the o�rrect amount.
Cb�mcilman Barnette stated he personally didl't feel this �aroel would serve
the residents well for use as a p�rk. He felt, hawever, cansideration
should be given to change the name of the park and urged Mr. Fbdvin to
follaa throuc� in this regard.
Mr. Ibdvin stated this request has already been submitted. He stated the �
entire matter is the �xinciple, as this �aroel was mnc3emned for a�rk and
should renain as Fark property.
(1R�N A VOICE VUPE TAKEN Qd �3E ABOVE I�DZ'ION, all voted aye, and Mayor Nee
declared the motion wrried unanimously.
In rec}3rd to Mr. Bricla�er's request that he be allaaed a seo�nd building on
his developnent site, before the land survey is registered by the County,
the following action was taken:
M�TION 1� Gbi.mcilman Schneider to authorize staff to issue two building
perm�ts far the Creek Ridge II Plat, �P. S. �86-02, with the following
stiulations: (1) Builc7er assiunes responsibil ity for any mistakes in
staking; (2) A 10 foot utility and drainage easement be provided along the
south side of Lots A and B; (3) A reterition pond be provided on the north
side af Lot C by November 30, 1986; and (4) Builder work with staff to
pcavide inc7ergro�d electric servive to hanes on CYeek Park Lane. Seconded
by GbLmcilman Goodspeed. Upon a voioe vote, all voting aye, Mayor Nee
cieclared the motion carried unanimously.
BY LIARRF�L FARR:
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Mr. F7.ora, Public Works Director, stated as part of the review prooess
associated with Mr. Farr's request for this vacation, staff has pregared a
meno identifying nine items, listed under Category A, which are still
outstanding commitments. Ae outl ined these items as follows: (1)
Pedestrian lighting, required as per agreeqnent dated 4/19/76 has been
installed only on the east side o� Farr Lake pathway; (2) Replace failing
retaining wall on the north side of Brenner A3ss N. E. ;( 3) Remove pil es of
dirt and debris and sod 15 feet back of eurb on the west side of East
Brenner Fgss N. E. ;(4) Repair washed out drainage swale at the end of East
Brenner Pass N. E. ;(5) Renwe debris (street saeepings) anc3 plant grass seed
to establish ground cover on vacant lot area, Block 4 and 5, Innsbruck
Village Seoond Addition, southwest of Black Forest Condos; (6) Sod
boulevard, 15 feet back of curb, on the eouth of North Innsbruck Drive j ust
west of Ivew Bric�ton border; (7) Restore buffer between tawnhouse at 1511
North Innsbruck D!rive N. E. and Mulvihill residenoe at 5601 North Danube Road
N. E. , as per City plan ciated 9/19/86; (8) Install tot lot on a�m�non property
on Plat 5, as per agreeqnent dated 4/19/76; anc3 (9) Remedy erosion anc7
maintenanoe problems resulting from surcharging on Block 21, Innsbruck
Villages.
M,r. Flora stated a$10,000 letter cff credit should be provided kyy Mr. Farr
to cover the above items Lmcler Category A which staff feels is the
responsibility of the c3eveloper.
� Mr. Flora stated the items, oovered under Categ�ry B, should be worked out
between the Zb�wnhouse Association and the Developer. He stated these are as
follaws: (1) Sod open area on South Bavarian I�ss N. E. between Lots 36 and
37, Block 1, Innsbruck North Zbwnhouses Plat 4; (2) Repair asphalt in the
c�iv�aay at 5677 West Bavarian Fhss N.E.; (3) Install sod 15 feet back of
curb and v�ntinue s�xuce line on South Bavarian Pass N. E. , east of 1586
South Bavarian Fhss N. E. ;(4) Socl 15 feet back of curb on south side of
Brenner Fgss N. E. ;(5) Replaae all temp�rary curbing with permaner►t o�ncrete
curb and gutter on West Brenner Pass N. E. , Brenner Pass N. E. , and East
Bavarian I�ss N. E. ;(6) Repair asphalt depression in road adj acent to 5519
East Bavarian I�ss N. E. ; and (7) Truck damage to Nor th Innsbr uck Cour t be
settled.
Mr. F'lora stated the items, under C'�teg4ry G, pertain strictly to the
Zb�wnhouse Association and these are as follaas: (1) Imprave asphalt �athway
arot,a�►d pond b� resurfacing where r�evessary; (2) Replace broken path light
luninaire on the east side af Farr Lake; (3) Re�air asphalt in the garking
area on Bonhoff J�nction; and (4) Patch �arking lot on the mrtheast sic3e of
Black Fbrest �ncbs.
1�. Dnery, President af Villages of Innsbruck Taanhouse Assoc.iation, stated
they are �noerned with Iten 5�der Catecpry P Ae stated the Association
has renwed all the debris and made an agreenent with Mr. Farr that he would
seed and sod this area. I� stated he would like to make sure no more debris
is danped here. �
Mr. Dnery stated in regard to Item 9, nothing has been done to remedy
erosion and mairitenance problens resulting from the surcharging and the
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. prolalen is getting more �erious because of the heavy rainfall.
1�+�. Emery stated Item 2, under Category B, is the Associaton' s
responsibility. iie stated the main o�ncern is Item 7 pertaining to the
truck damage to North Innsbruck CAUr� He stated he was advised by Mr. Dan
Farr this would be taken care o�. He stated he would like this item moved
under C�tegory A itens which are the responsibil ity of the developer.
Mr. Farr state6 their position is they would be responsible only for the
.
Itens listed b� staff �cier Category 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 Ixohlen.
Mr. Herrick, City Attorney, stated this issue is really a matter between the
�bwnhouse 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 oould adopt some
rules and b,�-laws on what they require on vaaant lots regarding seeding and
sodding and what limits they want to imp�se on their streets.
Mr. Etr,ery stated they would like a guarantee there wouldn't be further
dumping on the vacant lots. Mr. Flora stated any change in the land,
requi res a land alteration permit.
Mr. �nery asked how long the letter of credit would be in effect. Mr.
Herrick stated it would be in effect tntil all the items under Category A
have been �mpleted. He stated it should be spelled out in the letter of
credit what would be cbne if vertain ci3tes for wmpletion of these itens are
not met.
NDTInN b� Couu�cilman Sduaei+der to waive the sev�nd reading of Orclinance No.
867 ana acbpt it on the sectind readin� after a letter of credit for $10,000
is re�eived and, if any items imder tegory A are not oompleted in the
timetable shown, the letter of credit will be drawn upon. �irther, in
addition to the nine stipulations listed above, under (�tegory A, another
item be adc3ed that no dumping of any kind will be permitted on vacant
property without a permit frcm the City. Up�n a voioe vote, all voting aye,
Mayor Nee declared the motion carried unanimously. ,;�'
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�is item was �nsidered early in the meeting.
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