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SAV86-03 CITY OF FRIDLEY . t_:TONING REQUEST ZOA 64Zi 1 UNIVERSITY c� � ' 2� FRIDLEY, MN 554.70 >`jCATIOI&EQIUEST SAV -- (612)571-3450 PLATTING REQUEST P.S. � REQUEST FEE PARK FEE RECEIPT # ff //,,, SCHEDULED PLANNING (AMMISSION MEETING TE I �1�CU SCHEDULED CITY COUNCIL MEETING DATE PROPERTY INFORMATION PROPERTY ADIFESS S"l Z ) 6 3k-Y' j�-&d I V LMAL DESCRIPTION: LOT BLOCK TRACT/ADDITION. -1 -5 b � PRESENT ZONING REQUESTED ZONING REASON FOR REQUEST: A site plan showing the proposed future is required for all rezoning. OWNER INFORMATION n n NAME (please print) PnxreJ A FeAt O, PHONE # ADDRESS a 2 SIGNATURE / DATE ************************************************************** ********************* PETITIONER INFORMATION NAME (please print) �n� PHONE # ADIRESS — SIGNATURE DATE PLANNING CDMI,IISSION APPROVED DENIED DATE CITY COUNCIL: APPROVED DENIED DATE STIPULATIONS: r The petitioner hereby understands that: 1. The City wi11 notify all residents and owners of property within 350 feet (rezoning) or within 300 feet (platting) of said property. 2. This application must by signed by all owners of the property, or an explanation given why this is not the case. 3. Responsibility for any defect in the proceEdings resulting from the failure to list the names and address of all residents and property owners of property in question, belongs to the petitioner. 4. A scaled plan of proposed property and structure must be drawn and attached, showing the following: North direction Location of proposed structure, and front and rear setbacks. Landscaping if applicable Street names Location and use of adjacent existing buildings within 350 feet. !i Mom Once 764-0066 ®UOURMAN SAV #86-03 6675 N4"me, No 65 H U A NOINttRtMO l�arrelFarMne.W.s.Mesm. 55432 _ Y' mmn '® SaRn OH" "016310 ml czpr End wrr m a Sa(rftum a[..el 5.nryi,v a t.nJ Plrw a 1101 0101 Awd B"n""'O ". %317 Certificate of Survey for OAOa--L ^, 5410-%X01% Owc-L- Colelp 9800 Pr 7av -►ho ZI or o -- )NM45 rron MOnum¢71 19L®CK Imm5squeg AloerwTowvow-s LAT 1 hereby certify that this is a true and correct representation of a surrey of theoundaries of the above Ank4 described land,and of the location of all buildings th}reon, and all risible encroac menti, if any, from or ott said land. As surveyed by me this cloy of 7,i —A.D. 10� rt cu �� S dURSAN�NGI MNG, INc. 1•u4 7 nginee.s/� �; S Keyors by / Y / • S 86-03 arrel Farr INNS 2 �• g I � � •• �1J,i� r IV a NOUS Op > p ro 14AlFM �' R1N 0 • l rI � 1 i► for � ►( • _et•fir t �/� �p � ` l f` lAtJWI t Jd 11f'Id lI tl ^ y oV Lor JJ , I .4 i lI ham.f4 r4r9 a s Jo /s ,,.-, At „ /4 y y .PLA 3 Ar 64 41 � � 4 I4 18 r ro s (� .�u_ x Q �► ` tip- .�► - i r ♦ �r j * IJ N Id 16 `+ �7 ` /0 A/_1 i t. 8T3q- _-- 77 r26025 - - l � 1 R � yy M 15/7 �-12 16,37 3. 't Dot '1� „� 26 ip� l nni n NA 27 • � u Council August 1 1986 MAILING LIST SAV #86-03 Darrel Farr Darrel Farr Donald Emerson Innsbruck Townhomes 4600 Lake Road 1584 West Bavarian Court Association Robbinsdale, MN 55422 Fridley, MN 55432 5306 Meister Road Fridley, MN 55432 Steven Tatro n ?' Wayne Gergen 5484 Meister Road N.E. 1(�' 5622 West Bavarian Pass Sharon Heaton Fridley, MN 55432 Fridley, MN 55432 1463 Brenner Pass Fridley, MN 55432 Ronald Ross -Harold Renquist 5482 Meister Road N.E. 1631 Brenner Pass Robert Werner Fridley, MN 55432 Fridley, MN 55432 1639 Brenner Pass Fridley, MN 55432 John Steimle Ruth Chacey 5464 Meister Road N.E. 1627 Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Don Wells Daniel Cook 5444 Meister Road N.E. 1623 Brenner Pass Fridley, MN 55432 Fridley, MN 55432 George Boomer Patrick Nielsen 5442 Meister Road N.E. 1621 Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Arvid Peterson Donna Stevens 1562 West Bavarian Court 1625 Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Elizabeth Farr Nancy Johnson 5422 Meister Road N.E. 1629 Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Dianne Johnson Larry Lundgren 5420 Meister Road N.E. Q_ 5411 West Brenner Pass Fridley, MN 55432 �` Fridley, MN 55432 'Yvonne Brunsvold Ronald Burchett 1585 South Bavarian Pass 5407 West Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Judith Hoffman Thelma Dennis 1583 South Bavarian Pass 5403 West Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Vivian Hoese .Gregory Ray 1567 South Bavarian Pass 5401 West Brenner Pass Fridley, MN 55432 Fridley, MN 55432 Charles Dennison James Garrison 1564 West Bavarian Court 5405 West Brenner Pass Fridley, MN 55432 Fridley, MN 55432 William Greve Maureen Sullivan 1582 West Bavariane Pass 5409 West Brenner Pass Fridley, MN 55432 Fridley, MN 55432 _ f y. -. � P TMf -ft �77Z � 41 s � �,• .: .f . I I Ji , I 1 I 1 } { � I - I ff i I L. j I 35 S I O R CAKE � 350-63rd Avenue N.E. F C O M M U N ICAT ION S ridley,MN 55432 May 29 , 1986 21996 Mr. Daniel Farr Darrell A. Farr Development Corp. 4600 Lake Road Minneapolis , MN 55422 Dear Mr. Farr: I received a copy of your plat from Innsbruck North Townhouses. Our plant will not be affected b the vacation request between Lot 4 and 5 of Block 1. Stor r Cable does not object to the vacation request. Sincerely, Keith M. Hennek Plant Manager KMH:nm . � 34 minnegasao JUN 2 1986 May 30, 1986 Daniel J. Farr Project Manager Darrel A. Farr Development Corp. 4600 Lake Road Minneapolis, MN 55422 Dear Mr. Farr: Pursuant to your letter of May 27, 1986, Minnegasco, Incl. has no facilities within that certain platted utility easement located in and along the Southwesterly line of Lot 4, Block 1, Innsbruck North Townhouses Plat 4. Accodingly, we have no objection to the vacation nor encroachment of that easement. Thanks for your concern and early notification. Your cooperation is appreciated. Sincerely, William R. Schram Administrator - Real Estate A Company of Diversified Energies, Inc. 700 West Linden Avenue, Minn apolis, Minnesota 55403 • 33 Norther States Power Company North Div Sion 4501 68th Avenue North Brooklyn enter,Minnesota 55429 Telephon (612)566-9120 JON 4 1986 June 2, 1986 Mr. Daniel J. Farr Darrel A. Farr Development Corp. 4600 Lake Road Minneapolis , MN 55422 RE: VACATION OF BASEMENT - 5462 MEISTER ROAD, FR DLEY, MN (BLOCK 1, LOT 4 - INNSBRUCK NO. TOWNHOUSES PLAT 4) Dear Mr. Farr: In regard to the above mentioned vacation, Northern States Power Company does not object to vacating the 5 ' easeme t on the southerly lot line of lot 4. Our facilities are in the easements on the front lot lines. Sincerely r Lar y Benson Community Services Manager Northern States Power Company NORTH DIVISION LMB/s cc: City of Fridley HIC AYCV.IIOH OM, FVPFWhi4j, ?4eS WBIPIE% BOVD ' k.BTDrtcxl WN 32 Northwestern Bell JUN 9 1986 6540 Shingle Cree Parkway Brooklyn Center, �N 55430 June 4, 1986 Mr. Daniel J. Farr Project Manager Darrel D. Farr Development Corp. 4600 Lake Road Mpls, MN 55422 Re: Vacation of Utility Easement Dear Mr. Farr: Northwestern Bell Telephone Company has no objection to the vacation of the five foot utility easement from the s uthwest property corner of Lot 4, Block 1, Innsbruck North To nhouses Plat 4, to a point ten feet west of the southeast pro erty corner of the same lot as indicated on the attached p atting. Sincerely, 3 , Gr�YA. Sothe n Engineer-Design Attach. 1 CITY OF FRI MLY CIVIC CENTER • f-431 VNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)571-3450 August 25, 1986 Daniel Farr Farr Development Corporation 4600 lake Road Avenue Robbinsdale, K; 55422 RE: Townhouse under construction at 1511 North Innsbruc Drive. Prior to issuance of the building permit for the above s to we discussed the need to provide landscaping to replace that which was taken out and also to provide adequate screening for the area. Please submit a plan describing what plantings have been removed and if any others need to be• taken out (I understand there may be dead trees that have to be removed) , and what you propose to plant at the site to replace the lost plantings and to provide proper screening. Please respond by September 4, 1960. Sincerely, Ric Wiersma Code Enforcement R;/I= C-86-38 LWOLANNING DIVISI*q cITYOF MEMORANDUM FRIDLEY MEMO TO: Jim Robinson, Planning Coordinator n MEMO FR0M: Ric Wiersma, Planning Assistant �,4-- MEMO DATE: August 26, 1986 REGARDING: Farr Townhouse being built at 1511 North Inn bruck Drive. Diane Mulvihill, who lives just west of this site at 560 North Danube, has complained about Farr Development removing shrubs an trees from the site. She is worried that Farr Development won't provid screening along the border of her property. In the building permit #184 8, I put in a stipulation to provide the same plantings (or better) o the site as a way of providing screening. I spoke to Daniel Farr about the need for this prior to placing this stipulation in the building permit. A letter dated Augu t 25, 1986, was sent to Mr. Farr asking for a plan on what has been remo ed and what he is going to plant as replacements. I requested a respon a due September 4, 1986. I used this date because I wanted to have a repon e prior to the September 8, 1986, Counicl meeting, in which his vacatio request will be discussed. I informed Ms. Mulvihill in a phone conversa ion on August 22, 1986, of the letter to Mr. Farr and of the hearing on th Farr vacation request at the upcoming Council meeting. I told her tha she may want to discuss her situation at the meeting as a way to seek a esolution to the matter which has been an issue for nine years. RjdW/lmn M-86-211 r Arow *LANNING DIVI MEMORANDUM CITYOF FRl DLEY MEND DD: Jock Robertson, Catumunity Development Director MEND FROM: Jim Robinson, Planning Coordinator MEND DATE: September 16, 1986 RMARDING: Darrel Farr Zbwnhames In conjunction with Council consideration of SAV #86-03 (a ut'1 ity easement vacation) at 5462 Meister Road N.E. , Council has requested anj update on all outstanding commitments from the developer as well as xisting code deficiencies. Zhis effort is underway. Zhe scope of this task requires a significant amount of resea ch effort. Zhe Darrel Farr townhouse development began over sixteen years ag and includes 62 acres of property divided into 10 plats with 378 tow omes and 258 apartment units. Staff is reviewing records from all 10 plat proceedings determine if developer commitments have been met. 7 expect this inventory to be completed by Wednesday, September 17, 1986. A thorough field inspe tion to verify developer compliance and inspect for any other deficiencies w 1 be completed by Thursday, September 18, 1986. A staff report outl 'Hing specific improvement items to be incorporated as stipulations with SAV #86-03 will be prepared for inclusion in the Council packet by Friday noon, September 19, 1986. XffVdm M-86-230 OLANNING DIVISO)N , MEMORANDUM Lr--.m CITYOF FWDLEY MEW 9D: Jock Robertson, Community Development Director John Flora, Public Works Director MEbD FROM: Jim Robinson, Planning Coordinator Daryl Morey, Planning Assistant I MM DATE: Ceptember 19, 1986 RBGARDIW: Darrel Farr Townhanes - Improvement Proposal on Thursday, September 18, 1986 staff completed a review of 1 past Darrel Farr commi.ments and an extensive inspection of existing site nditions. Our analysis revealea 18 improvement items which we feel should be brought to the attention of the City Council and the developer. of these tems 1-10 are specific plat, safety or code requirements, while it ms 11-18 are recommendations which address improvements mainly for pri ate roads and parking lots, which are more a concern of the Innsbruck N rth Townhouse Association (INTA). Staff is recommending that, as a minimum, items 1-10 be i corporated as stipulations with approval of SAV #86-03. At Councils discre 'on items 11-18 may also be incorporated as stips. REoOIrII 2pE D STIPs FOR SAV #86-03 1. Im rove a�al t pathway around pond by resurfacing where oessary. or ! -� 1. s ighti required as per agrePsnent dated 4/19/76 has been C/ installed only on a east side of Farr Lake pathway. 3. Replace broken path light luminaire on the east side of rr Lake. 4. Replace fail in retaining wall on the north side of Bremar Pass N.E. �5. Remove piles of dirt and debris and sod 15 feet back of curb on the west side of East Brenner Pass N. E. Unbuilt lots not to be used for dumping as per Farr letter dated ?,/26/81. ::iLeq;,(_�Awrwvq - '=f� 6. Repair washed out drainage swale at the end of East Brenner Pass N. E. - SEVERE EROSION AND PEDESTRIAN HAZARD. . ` `Remove debris (street sweepings) and plant grass seed to ,etabll ish pro d �r cover on vacant lot south west of. Blas; Forest Lbndo-, 8. Sod boulevard, 15 feet back of curb, on the south of North Innsbruck Drive just west of New Brighton -border. 9. Restore Restore buffer between townhouse at 1511 North Innsbruck Drive N. E. and Mulvihill residence at 5601 North Danube Road N.E. as per attached City plan dated 9/19/86. U I wl /,ri 10 Ihstall tot lot on common property on Plat 5 as per agreement dated 4/19/76. • µ � eF t =Aimunr Wrdl 1rirMJVr 1rdYlz) 1114lti wtwi.cuv 11. Sod open area on i0h Bavarian Pass N.E. between * 36 and 37, Block 1, Innsbruck NortflEEbwnhouses Plat 4. 12. Repair asphalt in the parking area on Bonhoff Junction. 13. Repair asphalt in the driveway at 5677 West Bavarian Pass N.E. 14. Install sod 15 feet back of curb and continue Spruce line on South Bavarian Pass N.E. , east of 1586 South Bavarian Pass N.E. 15. Sod 15 feet back of curb on south side of Brenner Pass N. 16. Replace all temporary curbing with permanent concrete cur and gutter on West Brenner Pass N.E. , Brenner Pass N.E. and East Bavari Pass N.E. 17. Repair asphalt depression in road adjacent to 5519 East Bavarian Pass N.E. 18. Patch parking lot on the northeast side of Black Fbrest Condos. If Council decides a bond uld be required for_items._ - 0 oy then $10_,000 would be appro riatee Should all 18 item need surety then $ ,000 would be necessary. A map which is keyed to the stipulation items is attached. 14- 67 rw *PLANNING DIVISON MEMORANDUM CITYOF FMDLEY MErD TD: Jock Robertson, Community Development Director John Flora, Public Works Director MELD FROM: Jim Robinson, Planning Coordinator . MEMO DATE: October 2, 1986 RBSARDING: Farr/Zbwnhane Association Meeting As part of the review process associated with the Farr req est of utility easement vacation an extensive review of outstanding c mmitments and deficiencies has been completed. These items were included i a staff report to Council dated 9/19/86. On 9/22/86 City Council unanimous y approved the vacation request with the stipulation that Mr. Farr post a $1 ,000 letter of credit to cover improvement items which are not normal maintenance concerns of the associations. On 9/30/86 I met with Lan Farr and Rick Plessner of D. Farr E-opment, Dave Emery, President of Villages of Innsbruck Association and teve Tollison, President of Innsbruck North Townhouse Association (I ) . Discussion centered around the eighteen stipulations presented by staff and the related responsibility of each party. Based upon this meeting f ur improvement categories exist: A. Those items which Farr accepts responsibility for, t be covered by $10,000 letter of credit. B. pose items which the associations desire that Fa r remedy, but documentation of responsibility is lacking. Counc 1 may wish to stipulate that responsibility for these items be resolved prior to Farr's next building permit (anticipated 10/31/86). C. Those items which the Association has agreed to handle. CATEGORY A ITEM 1. Pedestrian lighting, required as per agreement dated 4 19/76 has been installed only on the east side of Farr Lake pathway. - Strategy - ITNA will review this item on 10/16/86; may elect to waive. Staff to delete f ran surety of ter written waiver f ran ITNA. 2. Replace failing retaining wall on the north side of Bre er Pass N. E. - Strategy - This item was documented on 1/21/82 as poorl installed; has worsened significantly since. Developer has not agreed fix. ITNA and staff request it be covered by saarety and repaired by 10 31/86. 3. Remove piles of dirt and debris and sod 15 feet back of urb on the west side of East Brenner Pass N. E. Unbuilt lots not to be sed for dumping as per Farr letter dated 2/26/81. - Strategy - Develo r will complete berming and sod by 5/31/87. Jock Robertson • 5B October 2, 1986 • Page 2 4. Repair washed out drainage swale at the end of East Brenner Pass N. E. Severe erosion and pedestrian hazard. - Strategy - Developer has agreed to repair by 10/15/86. 5. Remove debris (street sweepings) and plant grass seed to establish ground cover on vacant lot area, Block 4 and 5, Innsbruck illage Second Addition, southwest of Black Forest Condos. - Strategy - Joint settlement. Village Association will remove debris and grade. Farr will sod along the western edge, seed mound and plant trees by 10/15/86. 6. Sod boulevard, 15 feet back of curb, on the south of North Innsbruck Drive just west of New Brighton border. - Strategy Developer will install by 10/15/86. 7. Restore buffer between townhouse at 1511 North Imsbruch Drive N. E. and Mulvihill residence at 5601 North Danube Road N. E. as pe City plan dated 9/19/86. - Strategy - Developer will install by 10/31/E6. Also agreed that this development site will be fully sodded by same date. 8. Install tot lot on common property on Plat 5 as per agreement dated 4/19/76. - Strategy - ITNA will review this item on 10/16/86; may elect to waive. Staff to delete frau surety after written wai er fram IaIA. 9. Remedy erosion and maintenance problems resulting f ron surcharging on Block 21, Innsbruck Villages. - Strategy - Developer haE agreed to cure the erosion problem on the surcharged lot on West Bavarian Pass by installing additional silt fencing around the northwest corner of lot and by cleaning all of Trapp Court and a portion of West Bavarian Pass f rom Trapp Court to south of said lot by 10/15/86. Farr anticipates construction and sodding on this lot to be completed by /31/87. CATEGORY B ITEMS 1. Sod open area on South Bavarian Pass N.E. between Lots 3 6 and 37, Block 1, Innsbruck North Townhouses Plat 4. - Strategy - ITNA feels Farr should sod to 15 feet back of curb; association will maintain lot. 2. Repair asphalt in the driveway at 5677 West Bavarian Pass N.E. - Strategy - Village Association feels developer is responsible; ater stop under pavement, repair to be coordinated with city engineer. 3. Install sod 15 feet back of curb and continue Spruce line on South Bavarian Pass N.E. , east of 1586 South Bavarian Pass N. E. - Strategy - ITNA wants developer to clear dumped material. Association will sod to 15 feet back of curb. 4. Sod 15 feet back of curb on south side of Brenner Pass N E. - Strategy - Developer and ITNA to coordinate improvement. 5. Replace all temporary curbing with permanent concrete curb and gutter on West Brenner Pass N. E. , Brenner Pass N.E. and East Bavax ian Pass N. E. - Strategy - ITNA feels temporary curbing was to be replaced with permanent curb upon developments completion; no documentation of this available. Staff feels broken and missing curbing on East Bavarian Pass should be replaced as minimum improvement; perhaps cost shared between the two parties. Jock Robertson • . 5C October 2, 1986 Page 3 6. Repair asphalt depression in road adjacent to 5519 Eat Bavarian Pass N.E. - Strategy - Village Association feels Farr construction equipment caused problem and that Farr should repair. 7. New item: Truck damage to North Innsbruck Court. -Strategy - Village Association requests Farr to repair damage to North Innsbruck Court, caused by Farr vehicles. CATEGORY C ITEMS 1. Improve asphalt pathway around pond by resurfacing where necessary. - Strategy - Policy of City is that we will maintain path on west of pond through park, Association should maintain path on their grounds. 2. Replace broken path ligh luminaire on the east side of Farr Lake. - Strategy - ITNA should maintain lighting on their group . 3. Repair asphalt in the parking area on Bonhoff Junction. Strategy - ITNA has a three year plan for asphlat repair; Bonhoff Junction to be resurfaced next year. 4. Patch parking lot on the northeast side of Black Forest Condos. - Strategy - Maintenance of Black Forest parking is handled by their individual association. Farr will notify thea of needeJ repairs. Attached is an ordinance for vacation of the utility easement in question. At this time a second reading and order to publish is neces ry. If Council concurs with staff recommendation a letter of credit covering all category A items should be issued prior to staff's sending publ ica tior information to the Fridley Focus on 10/8/86. Please advise as to future controls on Category B items. I have informed the various parties that Council will review this matter on October 6, 1986. JLR/dm cc: Darrel Farr Rick Plessner Dave Emery Steve Tollison M-86-246 AW *PLANNING D IVOON MEMORANDUM CITYOF FRIDLEY MEND 4D: Jim Robinson, Planning Coordinator MM FROM: Daryl Morey, lanning Assistant MFS DATE: October 31, 1986 RDGARDING: Farr Development Improvements for Innsbruck On October 6, 1986, City Council approved Darrel Farr's vaca n request, SAV #86-03, with 11 stipulations. On October 30, 1986 , I eviewed these stipulations. The 1TNA did not bring the tot lot and pede trian lighting issues to a vote at their October 16, 1986 meeting. A vote on these two issues may come at their November 20, 1986 meeting. All othr stipulations have been completed, with the exception of the stipulation:to restore the buffer area between the new townhouse and the Mulvihill resi ence. Work is still being done on this townhouse. They expect to be finised putting the driveway in within the next two weeks. The landscaping will te installed as soon as the driveway is finished. We have received the $10,000 letter of credit to cover any outstanding stipulations. M-86-287 s • CITY OF FMDLLY CIVIC CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MINNESOTA 55432 PHONE(612)571-3450 December 15, 1986 Dan Farr Darrel A. Farr Development Corporation 4600 Lake Road Robbinsdale, NYS] 55422 Dear Dan, A December 12, 1986 inspection revealed that wooden trusses ae being stored on the vacant parcel generally located at West Bavarian Pass nd Trapp Court (Block 21, Innsbruck Villages). In a letter dated February 2 , 1981, the Farr Developement Corporation agreed not to stockpile materials o unbuilt lots. In addition, it was stipulated at the October 6, 1986 City uncil meeting approving your Vacation request, SAV #86-03, that no dumping cf any kind will be permitted on vacant property without a permit frau the Citr. Therefore, I request that you remove the above-mentioned materials from th a vacant lot as soon as possible. 'Thank you for your cooperation. Re pectf ully yours, Daryl Planning Assistant cc: Councilman Schneider C-86-551 COMOSSION APPLICATIA R VIEW Department Number File Date Meeting Date CINOF Planning 42 6/10/86 7/23/86 FMDLEY File Address/Description SAV #86-03 COMPLETE REV EW CHECKLIST Darrel Farr. Lots 4 and 5 , Block 1 , Innsbruck North Plat 4. RETURN TO PLANNING EJDARYL COMMENTS DEBBIE 17111M DEBBIE 'r�l r/ Ol/ o �6`C,✓ �J-74 e _ r �,� �i^�I, /I QJOHN )/,f- ��,�.� ,�✓ ,� ,-�,�,,�� , DEBBIE 1 // DARRELJ'�/i3T E B B I E Iver r6v � �' Scef 7-loff W.LYDE EBBIE IDMARK DEBBIE EILEON DEBBIE 4 j< iY '� _ \•� ��V.A n�hts� � � _ � � � •lin -. O NoRYH p M N UB E TOAD rn:Z o� ,� 0 I' i � O Z N a m z C T C m n-t m r^ m ^ N T^ 7� _ a Z r - IQ r � u TTl 70 Q � 1 � , , /NNSBRUCK VXLAGE3j 3RD ADDITION INNSBRUCK VILLAGES E W CORNER wY 2NO ADDITION 24 =i 1� rrJJJ I I" I Wr1 r ` 13 cr W JA ro CL ' O� C � DRIVE 01 ��p?H �.., T�vR " 1r o HN r . ► JG►'Pe ..... N _ r •'... q a e, Nil MPLAr Iff t �y + _ W • 17 r� ! 041, ornor• �. 1. ALI— e � La•._a M M tit •� + .r r; ' �n i ..Ap ...PLA .. 16 1 4 K SS y • 1� w' �0. � • , ve S�� J N psi H If) • Ott + t �. �'"■r a ,,,y. • f tea, L� 0 owj I — '• _ INNSBRUCK TOWNHOUSE IMPROVEMENT PLAN 9-19-86 st 14 13 2 3 01) 1D « r a ,`'. SEC.tf ,w / 4r— :� ! AOL _ _ /* l L S O /729 41 1 I+6 3 y0 �� T 'k p 16TH ;T n H - G 4iNI7 NK II 19 W r T r / )AVXNUL 3 a 3d ' GRACE HIGH } z r h Z SCHOOL ADDI UON ii C -- - 'O r /7 N Y ^^ _ /MVSBRVILL ES JRD ADO 14l as OR , I . . . . . . . . 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JO kci 'r- 5.88•�9'33'E' o o �^ s o. � ra BZ.Ob ,�. 90e Z pO•. ��'� 5.87'22 iJ'E. bs s $o CP vis Alps 3 - / 6e0819 w. 'N s,,;rcb ',� 409 q ti C)O •� ,�q' e tas ei� � 9 ✓ � SO LOr 47 :� a s�,.vA see ., ,• v^ ��Q � �O1' f% � ,00 aoJ, ~ .'�� 0 �THTt OF r s 1 .r. 'left VL �\ GUUi4TY OF N 76'S� 75 4100 `Z fO « 1 ne rNLJy ct TUvI,wuISc- c PLANNING COMMISSION MEETING JULY 23 1986 PAGE 5 MOTION BY MR. SABA, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEA UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS EC ED THE PUBLIC HEARING CLOSED AT 8:10 P.M. Mr. Betzold stated the revised wording seem o address the questions the Commission had before, and it did make- ordinance more consistent with what was being done at the state 1 MOTION BY MR. BETZOL,D, S NDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF THE REV ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205, RELATED TO DAY CARE CENTERS AND HOME AMILY DAY CARE. UPON DICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION IED UNANIMOUSLY. 3. CONSIDERATION OF A VACATION REQUEST, SAV #86-03, BY DARR L FARR: Vacate the five foot utility easement along the sout wes 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 being 5462 Meister Road N.E. Mr. Robinson stated the vacation request was for a townhouse lot north of 694 and west of Meister Road. There was presently a 5 ft. drainage and uttltty easement on the south of Lot 4. The proposal was to place a townhouse on that lot. The building would encroach slightly into the drainage and utility easement. Mr. Farr had notified the utility companies, and none of the companies had any problem with the vacation. Mr. Robinson stated the only concern raised by the City Ingineering Depart- ment related to the development but not specifically to this lot. There have been some maintenance problems (cleaning of some de)ris in the street, some sediment/erosion problems, seeding of an area) on a vacant lot on West Bavarian Pass, so the only stipulation the City would re ommend was that the maintenance problem be resolved prior to the Aug. 18th C'ty Council meeting. Mr. Dan Farr stated he was representing the Darrel A. Farr Development Co. He stated they are looking for a temporary encroachment )nto the easement as it goes through the City process. The townhouse has )een sold, and they have a Sept. 15th occupancy date for the move-in agreeme t. They have gotten the building permit, and Mr. Darrel Clark said it was all right to build so they have started the excavation for the townhouse. Mr. Farr stated that regarding the lot on West Bavarian ass, they have two 4"unit townhouses there, one directly on North Innsbruck Drive and the other just off Innsbruck Drive that is being surcharged at thi3 time. They took a lot of dirt and put it on West Bavarian Pass because of ad soil . He stated they have had some problems, but he believed those probiems were being corrected. He stated they would like to get the last couple of townhouses built and get out of the development. PLANNING COMMISSION MEETING, JULY 23 1986 PAGE 6 Mr. Robinson stated the temporary encroachment Mr. Farr s referring to would allow him to build and sell the home prior to the ordinance going through its process. The City Council has the authority to do that and will handle that on Aug. 18th. The sediment/erosion problem on West Bavarian Pass should be resolved with Hark Burch, Assistant Public Works Director. MOTION BY MR. SABA, SECONDED BY MR. SVANDA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV #86-03, BY DARREL FARR, TO VACATE 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 BEING 5462 MEIST R ROAD N.E. , WITH THE STIPULATION THAT THE PETITIONER WORK WITH CITY STAFF TO RESOLVE THE -MAINTENANCE PROBLEM ON THE VACANT LOT ON WEST BAVARIAN PS* UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS CLARED THE MOTION CARRIED UNANIMOUSLY. 4. CONSIDERATION OF A VACATION REQUEST, SAV #86-04, BY THE CITY OF FRIDLEY• acate part o a 30 oot easement for public road purpos s V/nh lying north of the north 213 feet, as measured at right angles to, line of the northeast quarter of the northwest quarter and th northe northwest quarter of the northwest lying east of, and ad acenNo. 65. All lying in Section 12, T-30, R-24. Except the north 3 f (Osborne Road) and subject to rights and other easements record. Mr. Robinson stated this property was located on the ou heast corner of Osborne Road and Highway 65. It consisted of a st . p of Viron Road that is no longer necessary once the City has put in th • oopback around the property on the corner. The vacated portion was 30 ft `wide and approx. 180 ft. long. Mr. Wayne Dahl did grant the City an easemeyffor a new ight-of-way with the actreement that the City would vacate thi portion of the Viron Road right-of-way. Mr.,:Robinson stated the only stipul ion Staff would require would be that a utility easement be maintainer; ov the entire strip of the proposed vacated Viron Road as utilities are to ed in that area. He stated this vacation request was in everyone' s be, interest. MOTION BY MR. BETZOLD, S ONDED BY MR. SABA, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION VEST, SAV #86-04, BY THE CITY OF FRIDLEY, TO VACATE PART OF A 30 FOOT E MENT FOR PUBLIC ROAD PURPOSES (VIR N ROAD) LYING NORTH OF THE NORTH 213 k' ET, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE NORTHEAST QUART OF THE NORTHWEST QUARTER AND THE NORTH LINE OF THE NORTHWEST QUARTER OF T$ NORTHWEST LYING EAST OF, AND ADJACENT TO T.H. NO. 65, ALL LYING IN S TION 12, T-30, R-24, EXCEPT THE NORTH 33 FEE THEREOF (OSBORNE ROAD2 AN SUBJECT TO RIGHTS AND OTHER EASEMENTS.OF RECORD, WITH THE STIPULA- TION T T A UTILITY EASEMENT BE MAINTAINED OVER THE VACATED STRIP OF VIRON ROAD. U N A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION ARRIED UNANIMOUSLY. ' (Official Publication) PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Ave- nue Northeast on Monday,August 18, 1986 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Vacation re- quest, SAV x86-03, by Darrel Farr,to vacate the five foot utili- ty 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 being 5462 Meister Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Aug.4&11,1986)-FRID ep P USCI C A7`RTNG b BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing o the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, August 18, 1986 in the Council Chamber at 7 :30 p. for the purpose of: Consideration of a Vacation request, SAV #86-03, by Darrel Farr, to vacate 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 being 5462 Meister Road N.E. Any and all persons desiring to be heard shall be given an o portunity at the above stated time and place. WILLIAM NEE MAYOR Publish: August 4, 1986 August 11, 1986 v (Official Publication) RESCHEDULED PUBLIC HEARING BEFORE THE CITY COUNCIL NOTICE IS HEREBY GIVEN that there will be a Public Hearin$of the City Council of the City of Fridley in the City Hall at 6431 University Ave- nue Northeast on Monday,September 8, 1986, in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a Vacation re- quest, SAV #86-03, by Darrel Farr,to vacate the five foot utili- ty 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 being 5462 Meister Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J.NEE Mayor (Aug.25&Sept.1,1986)-FRID • RESCHEDULED • PUBLIC HEARING BEFORE THE CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, September 8, 1986 , in the Council Chamber at 7:3C p.m. for the purpose of: Consideration of a Vacation request , SAV #86-03 , by Darrel Farr, to vacate 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 being 5462 Meister Road N.E. Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. WILLIAM J. NEE MAYOR Publish: August 25, 1986 September 1 , 1986 COUNCIL t E=C OF SEE=M 8. 1986 being used to resolve a water holding problem frau Brickne ' s development. He stated the City owns the park and water frau this prope ty is draining on private property. Councilman Schneider stated there is a water problem in this area, but didn't know if it existed before the Brickner development or not. ,'He stated a lot was filled on the south side of Mississippi and since this has been core and, with the Brickner development, it seems the watep bleu became worse. Mr. Podvin stated the pipe coming out of the holding po is smaller than the pipe leading into it. He felt if the size of th drainage pipe was increased, it would probably solve the problem. Mr. Flora, Public Works Director, stated the size of the pipe was specifically sized in this manner to allow detent' n of the water so there isn't an increased flow. He stated water not leave a site, after development, any faster than it did before dev opment ocairred. MDTION by Councilman Schneider, to request aff to make a comprehensive study of the drainage situation in the ar a of the Blan rg and Brickner developments with a report back to the uncil. Secon d by Councilman Goodspeed. Upon a voice vote, all voti g aye, Mayor Nee clared the motion carried unanimously. Mr. Bob Gambrel, 1341 Creek Park L , stated with the rain last week, two lots in his area were affected. He stated he has brought this to the attention of the City staff and ey are reviewing it. He felt the report by staff should include the nor side of the street ane thought perhaps this triangular piece of propetty could be used as a pondirig area to resolve some of the flooding problem He stated this piece of property was filled in which allows more water flaw making the situation orse. He stated there was water flawing ba arils through the pipe and ca d water frau the storm system to flow onto is property. He stated the p' pe is two inches hider than his basemen He stated last week the pon in the park was about waist high on t vers. PUBLIC HEARIMS.- PUBLIC HEARING CH /$7,103, 8 y Cour ' man Fitzpatrick to waive the reading of e public hearing nd o the public hearing. Seconded by Councilman Schneider. Upon vot , all voting aye, Mayor Nee declared the motion carried usly and the public hearing opened at 8:05 pm. e i, City Manager, stated the fetal General Fund dget for 1987 is 8 which is an increase of 1.42% over the 1986 bu get. He stated, , there is a decrease in the budget of a little er one-half of a as a resuult of substantial cutbacks in revenue aring funds. He he general impact of the cutbacks is that some pr ams may have to iled or re-adjuusted. He stated most revenue sharing funds are used -3- COUNCIL MEEMM OF SEIVEMBM 8. 1986 for capital outlay items so the cutbacks wouldn't have any direct impact on the general service function of the City programs. J- Mayor Nee asked if there are any areas where the budget 11" increased significantly. Mr. Qureshi stated increases range f row-A to 2.6% in different departments, depending on the meds of these departments. ii Oouncilman Schneider stated in reviewing the budget:, it seems trade-offs are being made for greater productivity by enhancifig equipment. Mr. Qureshi stated in purchasing com6rs and high technology equipment, different departments will be dim don a use basis. He stated they hope to use this equipment to imFF�e efficiency and there is no request for additional:i1n sonnel in budget. No personsthe .enoe spoke regarding this proposed 1987 budget. M3TION bycilman Barnette to close the public hearing. Seconded by (buncilpah Schneider. Upon a voice vote, all voting aye, Mayor Nee declared th�tion carrried unanimously and the public hearing closed at 8:10 p.m. 2. PUBLIC HE.ARTW2 ON A VACATION RDOUEST, SAV #86-03. TO VACATE THE FIVE FOOT UTILITY EASEMENT ALONG THE SOUTHWEST PROPERTY LINE OF LOT 4 , BLOCK 1 , INNSBRUCK NDRTH TOW OUSES PLAT 4, TO A POINT TEN FEET WEST OF THE SOUI4iFASr PROPERTY LINE OF THE SAME LX, GENERALLY LOCATED AT 5462 MEIME ROAD N.E. . BY DARREL FARR• MYMN by Councilman Schneider to waive the reading of the public hearing notice and open the public hearing. Seconded by (buncilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:11 p.m. Mr. Robertson, O=munity Development Director, stated this vacation is for a townhouse lot and there presently is a five foot drainage and utility easement on the south side of Lot 4. He stated it is proposed to construct a townhouse on this lot and it would encroach slightly into the utility easement. Mr. Robertson stated Mr. Farr has notified the utility companies and there are no utilities in the area so there was not a problem with this vacation. Mr. Robertson stated this request was reviewed by the Planning Commission and approval. was reccmmended with the stipulations the petitioner work with staff to resolve the maintenance problem on the vacant lot on West Bavarian Pass for the landscaping to be restored and the dead trees removed at 1511 North Innsbruck Drive N.E. Ms. Diane Mulvihill, who resides behind Mr. Farr' s development, felt Mr. Farr should honor the past commitments made to the City and residents before this vacation is considered. She stated in April, 1976, Mr. Farr convinced the City to approve his developnent as he would retain 50% of the trees. She stated every few days, Mr. Farr destroyed 90 to 95% of the trees with no effort to retain them. Ms. Mulvihill stated Mr. Farr had stated there -4- COUNCIL MIZVIW OF SEP 22M 8. 1986 would be a green buffer zone to separate the townhouses frthe residential hones and only a few trees have been planted. She felt Mr Farr has made no effort to fulfill his commitments to the City and didn't eel any further concessions should be given. Councilman Schneider stated there is a letter in the Chun 'l' s agenda from Ms. Mulvihill and a response was requested from the eveloper. Mr. Robertson stated. no communication has been received to thi date. Cbunilman Schneider stated he can sympathize with Ms. Mul ihill' s concerns and he did make several inquiries of persons in the Zbwnho Association to see if they had any concerns and there were none. Mr. Daniel Farr, representing Darrel Farr, stated he didn't know about the green area required between R-1 and R-3 property and th letter frau the City was very broad. He stated if he has an idea what the City requires for the area, they would be more than happy to comply. . Farr stated in response to Ms. Mulvihill's comments, a lot of the trees w 'ch were removed were there only four or five years. He stated there ' s an area in the northeast corner of Ms. Mulvihill' s property where t ere isn' t much landscaping and whatever the City feels is appropriate wo d be done. Mayor Nee questioned why they hadn't responded to the Ci ' s letter. Mr. Farr stated he didn't realize there was a set time to re pond. He stated his father is the developer and has been out of town and a didn' t feel it was that important at this time to have it landscaped whe they are still in the process of construction. Councilman Schneider asked Mr. Farr if they would be illing to post a performance bond to cover the cost of the landscaping. Farr stated he would agree to a performance bond. Mr. Farr stated they have complied with all the City's r uests. He stated a call was received regarding complaints on the weeds and it was immediatly taken care of. He stated the streets have also been clew d. Councilman Schneider felt Mr. Farr's commitments for his elopment should be reviewed to determine past compliance and what has o be done in the future. No other persons in. the audience spoke regarding thisroposed vacation request. MJTION by Councilman Schneider to close the public hearing. Seconded by Councilman Barnette. Upon a void vote:, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing clo d at 8:32 p.m. MJTION by Councilman Schneider to direct staff to review 1 the commitments for all phases of the Farr Townhouse Development in N th Innsbruck and prepare a list of those items that have not been adhere to and determine the amount of a performance bond to assure complian with all these requirements. Seconded by Councilman Fitzpatrick. Upon voice vote, all -5- COUNCIL MEETIM OF SEPTEN�ER 8. 1986 voting aye, Mayor Nee declared the motion carried unanimously. 3. PUBLIC HEARIM ON FINAL ASSESSMkNr ROLL FOR 1986 SERVICE OOIZ=ONS• NDTION by Councilman Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Oouncilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:32 pm. Mr. Pribyl, Finance Director, stated the lateral charges made under this assessment roll are made under authority provided in Ordinance No. 113 and under Resolution No. 86-1982. He stated each of the properties have connected to City water or sewer or both without having previously paid a lateral charge. Mr. Pribyl stated the assessment is computed in two ways, either using today's average lateral charges, or using charges that were levied in the general area at the time the lines in question were installed, plus accrued interest to the present time. He stated the assessment rate used on the affected properties is the lower of the above two formulas. Mr. Pribyl stated all property owners involved in this assessment roll have signed agreements agreeing to the principle of these lateral charges. He stated the assessment will be spread over a 15 year period with an interst rate of 8-1/2% each year on the unpaid principal. Mr. Melvin Rode, 7509 East River Road, felt the assessment on his property was too high and that he should have been given credit for the plumbing. He felt he should only have to pay half of the assessed charge of $489.80. Mr. Flora, Public Works Director, stated Mr. Rogne did receive credit for everything except for a portion of the backhoe and plumbing work. Mr. Qureshi stated if the Council was in agreement, an additional $100 credit could be allowed. No other persons spoke regarding this proposed assessment for 1986 service connections. MJTION by Gbuncilman Fitzpatrick to close the public hearing. Seconded by Cbuncilrman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:35 p,.m. 4. PUBLIC HEARING OV FINAL ASSESSMENTT NSEWER IMPS PR F= NO2.-150: NOTION by Councilman Fitzpatrick tow a �reading of the public hearing notice and open the public heari Seconded Cbunci:lman Goodspeed. Upon a voice vote, all voti e, Mayor Nee deared the motion carried unanimously and the.--put31 is hearing opened at 8:35 p6 m. 73-1,2 .AVENUE: . CUL DE SAC TO 110 FEET WEST: -6- COUNCIL M=lm of SEPTEMBER 2' . 1986 MDTIDN by (buncilman Goodspeed to close the public heari g. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye Mayor Nee declared the motion carried unanimously and the public h r' g closed at 7:50 p.m. 3. PUBLIC HFLRIW2 ON 71JE EMBLISfZ= OF TAX INCREMENT D� cis 7 AND -8 WITHIN REDEVEPROTECT NO, 1 NDTIDN by Cbuncilman Goodspeed to waive the readig of thB public hearing notice and open the public hearing. Seconded Council nan Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee Glared th a motion carried unanimously and the public hearing opened a :50 p.m. Mr. Robertson, Community Development Director , stat d the Planning Commission was presented with the tax crement financing plans in August. He stated proposed Tax Increment Di.st,tict No. 7 is a Redevelopment District on which the Winfield Development project is located. He stated the site has extensive soil problems w�Xch necessitates use of tax increment financing. Mr. Robertson stated Tax In ement District No. 8 is a Dev opment District and is the site of the Sho ewood Inn. He stated extensive remodeling is proposed, as well as pro rty acquisition to improve the parking. Mr. Robertson stated the Planning Commission has determined that these districts are in pliance with the City' s Comprehensive Plan and the Housing and Redev opnent Authority approved their establishment. Cbuncilman Sch ider asked when construction would begin in District No. 8. Mr. Robertson ted the parking lot and adjacent driveways are proposed for this constr ion season and the refurbishing is scheduled for next year. No perso in the audience spoke regarding the establishment of these tax increne districts. NDTI by Councilman Barnette to close the public hearing. Seconded by Co ilman Goodspeed. Upon a voice vote, all voting aye, Mayor Nee declared th motion carried unanimously and the public hearing closed at 7:52 p.m. LD BUSINESS: 4. CDNSTDERATIOR,_ 'I' N T - E THE T EASEMENT ALONG 'HE STPROPER Oil- 4,31QCK-1, TOWNHOUSEST 4, TO L POINI TE'ti' FEET k= OF THE SOMA12T PROPEM LINE OF THE SAME LOr, I? T TAEI STFg ROAD N.5462 E By nARREL FARR• Mr. Robertson, Community Development Director, stated staff completed a review of all past Darrel Farr commitments and an extensive inspection of existing site conditions. He stated the analysis revealed 18 improvement items, which he outlined as follows: - 3 - COUNCIL MFF'IZAi'' OF SEPTEMBER 22, 1986 1. Improve asphalt pathway around pond by resurfacing where necessary. 2. Pedestrian lighting, required as per agreement dated April 19, 1976, has been installed only on the east side of Farr Lake pathway. 3. Replace broken path light luminaire on the east side of Farr Lake. 4. Replace failing retaining wall on the north side of Brenner Pass. 5. Remove pales of dirt and debris and sod 15 feet back of curb on the west side of East Brenner Pass. Unbuilt lots not to be used for dumping as per Farr' s letter dated February 26, 1981. 6. Repair washed out drainage swale at the end of East Brenner Pass - severe erosion and pedestrian hazard. 7. Remove debris (street sweepings) and plant grass seed to establish ground cover on vacant lot southwest of Black Forest Oondos, per Farr letter dated February 26, 1981. 8. Sod boulevard, 15 feet back of curb, on the south of North Innsbruck Drive just west of New Brighton border. 9. Restore buffer between townhouse at 1511 North Innsbruck Drive and Mulvihill residence at 5601 North Danube Road, as per attached City plan dated September 19, 1986. 10. Install tot lot on common property on Plat 5 as per agreement dated April 19, 1976. Mr. Robertson stated the above ten items are specific plat, safety or code requirements. He stated the following items, 11 through 18, are additional improvements based on area concerns and staff recommendations: 11. Sod open area on South Bavarian Pass between lots 36 and 37, Block 1, Innsbruck North Townhouses Plat 4. 12. Repair asphalt in the parking area on Bonhoff Junction. 13. Repair asphalt in the driveway at 5677 West Bavarian Pass. 14. Install sod 15 feet back of curb and continue spruce line on South Bavarian Pass, east of 1586 South Bavarian Pass. 15. Sod 15 feet back of curb on south side of Brea_nrter Pass. 16. Replace all temporary curbing with permanent concrete curb and gutter on West Brenner Pass, Brenner Pass and East Bavarian Pass. 17. Repair asphalt depression in road adjacent to 5519 East Bavarian Pass. 18. Patch parking lot on the northeast side of Black Fbrest (bndos. -4- rnimCrr M=m of SEP=ER 22, 1986 Cbuncilman Schneider stated the developer has been surcharging a lot and there has been a fair amount of run-off, especially during these last few days of rain. He stated he understood the developer was to keep both public and Townhouse Association streets clean and he had some calls that this hasn't occurred. Mr. Danko, 1510 Trapp Court, stated there is a lot on Wet Bavarian Pass that was filled and a silt fence installed. He stated there has been run-off frau this lot and the Townhouse Association cleaned the gutters, but not the greet. Mr. Mark Burch, Assistant Public Works Director, stated he has been in contact with the developer and some fencing was installed and the lot seeded. He felt until the seed becomes established, there may be some problems, especially with the amount of rain the last several days. Mr. Danko stated the area between the silt fence and curb experiences constant erosion. (buncilman Schneider asked if the area could be sodded. Burda stated to install sod frau the silt fence to the curb would certainl.7 help. Mr. Dan Farr, representing Darrel Farr, stated the surclarging is almost completed so building should begin in the next several weecs. He stated, in the meantime, they could install some sod. Mr. Farr stated in regard to the improvement of the asph t pathway around the pond, he stated this pathway is either owned the Townhouse Association or the City. He stated they cannot be respo ible for something that was built 10 or 12 years ago. W. Robertson stated as he understands, the City owns nd maintains the portion on the west around the pond and the Tbwnhouse As ciation still owns and is responsible for the remainder. Mx. Farr felt this item would have to be brought up w th the Townhouse Association. W. Farr stated in regard to the pedestrian lighting, there are four or five lights in the townhouse developnent, but nothing in the single family area. He stated with completion of the other townhouse units lighting in the townhouse area would also be completed. Mr. Robertson stated it is staff's interpretation that lighting should go on both sides of the street and not only the townhouse side. Mr. Farr stated as far as Items #3 and #4, these are the esponsibil ity of the Townhouse Association. W. Farr stated in regard to the piles of dirt, they are not hauling out this material as their plans are to berm, seed, and sod it. Mr. Robertson stated, as outlined in a letter dated February 26, 1981, unbuilt lots were - 5 - C'OUNCTL. MEETING OF .cM=Eg 22. 1986 not to be used f or dumping. cbuncilman Schneider felt there needs to be further work done to determine what the City awns and what the Townhouse Associaton owns and to make sure the commitments made by the developer have been adhered to. He stated he would like to see the City staff, members of the Townhouse Association and Mr. Farr meet to discuss their responsibilities. Councilman Schneider stated he would be willing to recommend approval of the vacation, if the developer is willing to post a surety bond in the amount of $10,000, or else he would rather table this vacation request for two weeks. Mr. Farr stated he is willing to talk and felt they could come to some mutual agreement. Ms. Mulvihill asked if the developer was in agreement with Item #9 to restore the buffer between the townhouse at 1511 North Innsbruck Drive and her property. Mr. Farr stated he has no problem with this item and can replace the tree, but not with a 40 foot Oak tree. Mr. Danko stated north of Innsbruck Drive, the landscaping is not complete. He stated Mr. Farr failed to stabilize the bank and some plantings have not been installed. He also stated in Mr. Farr' s filling operation, heavy equipment and loaded trucks caused extensive damage to a large area of the Association' s street and this matter has not been resolved. Mr. Farr stated his father, Darrel Farr, will review this matter when he returns to the Ttain Cities and come to some agreement with the Association. Mr. Herrick, City Attorney, stated this is an area where the Townhouse Association should deal directly with the developer. NDTION by Councilman Schneider to approve vacation request, SAV #86-03, with the following stipulations: (1) the developer post a $10,000 surety bond, or a lesser amount as determined by staff, and discussion be held between staff, the developer, and the Townhouse Association to resolve the issues raised by staff; (2) maintenance problems on the vacant lot on West Bavarian Pass be resolved; (3) landscaping at 1511 North Innsbruck Drive be completed; and (4) resolution of the erosion problem on the lot being surcharged. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, mayor Nee declared the motion carried unanimously. (buncilman. Schneider stated it was not his intent to have Mr. Farr pay for maintenance items. He did feel Items 2 , 5, 7, 9 and 10 as well as the run-off frau the lot on West Bavarian Pass were the responsibility of the developer. Mr. Farr stated he has talked to the Townhouse Association regarding Item 7 and they will take care of this problem. 5. OONSIDEPATION OF DISPOSITION OF EXCESS PROPERTY GENERALLY LOCATED ON PART OF Q= 1. BLOCK 1, GENA RAE ADDITION: -6- COUNC'II, MEE'T'ING OF OCTOBER 6, 1986 stated they may have had people in the immediate area obj ing, but that is against 74 other persons who signed the petition. Mayor Nee felt the question is whether or not it is a goo or bad idea to sell this parcel. He stated staff felt the parcel should sold and they are paid to advise the Council. Mayor Nee asked Mr. Podvi , without getting into personalities, if he felt it was a good idea to attach this parcel to what is now landlocked property. Mr. Podvin stated he didn' t know if the drainage would or He stated there are problems generated frau the Creekridge develops t. He stated Mr. Brickner is now using other people's back yards as a reten 'on area. Councilman Schneider stated there may have been some m' st kes made in the past, but the Council has to go forward from this int and he felt the proposal before them would allow an orderly developme t and provide a correction for the drainage problem that exists. Mr. Podvin stated this parcel is more than 6,0 square feet and the City should make sure they are paid the correct unt. Councilman Barnette stated he personally , dn't feel this parcel would serve the residents well for use as a park. ; He felt, however, consideration should be given to change the name the park and urged Mr. Podvin to follow through in this regard. Mr. Fbdvin stated this request ha already been submitte He stated the entire matter is the principle, this parcel was condem d for a park and should remain as park property UFON A VOICE VOTE TAKEN CN E ABOVE NDTION, all voted aye, and Mayor Nee declared the motion carri unanimously. In regard to Mr. Bric er's request that he be allowed a second building on his development site before the land survey is registered by the County, the following acti was taken: MJTION by Counc' man Schneider to authorize staff to i sue two building permits for e Creek Ridge II Plat, P. S. #86-02, wi the following stiulations: (1) Builder assumes responsibility for any mistakes in staking; ( A 10 foot utility and drainage easement be p ovided along the south si of Lots A and B; (3) A retention pond be prc ded on the north side of of C by November 30, 1986; and (4) Builder w rk with staff to provi underground electric service to homes on Creek Pa k Lane. Seconded by uncilman Goodspeed. Upon a voice vote, all voti g aye, Mayor Nee de ared the motion carried unanimously. 5. ORDINANCE NO 867 APPROVING A VACATION, SAV #86-03, TO YWATE THE FIVE FOOT UTIL TY EASEMENT E SOUTHWEST PROPERTY LINEDF.. RUCK_NppTH TONNHOUSES PLAT 4 , To A pOINT TEN FEET AST OF THE soym pR0pEjZjy LINEOF THE SAME L CT, GENERALLy LoCpTEp ATN.E. BY DARRET FARR:_ -6- COUNCIL MEL'T'ING OF OCTOBER 6. 1986 stated he wanted to make sure what is proposed would work whether or not this property is sold. He stated he wanted to make sure if the land is sold and the developer doesn't begin work immediately, what temporary measures would be taken in regard to the drainage. Mr. Qureshi stated if the Cbuncil considers Mr. Brickner's request to allow him to build two hones on 66th Avenue, prior to recording�, the registered land survey at the County, there are certain stipulati,dns which he must follow. He stated whether or not these hones are eonstr4cted, a detention area must be provided on Lot C. ' Mr. Gambrel stated an immediate problem is the Tzunoff into his and Mr. Phillips' back yards frau the park property. He flelt a dam or berm should be created along the westerly boundary regardle if any other construction takes place or not. Mr. Qureshi stated if it is practical, a rary detention area would be made either by Mr. Brickner or the City. Mr. Ganbrel stated he didn't have any o ection to selling this triangular piece of property based on the requir ent that easements be provided for drainage. He stated Mr. Phillips di have some doubt as to whether this would solve their drainage problems Mr. Qureshi stated a retention ea is being requested and under normal circumstances, Mx. Ganbrel ' s a Mr. Phillips' s property shouldn' t have standing water in their back y ds more than 8 to 9 inches. MOTION by Councilman Schn der to waive the reading and approve the ordinance upon first readi for the sale of this surplus property directly with an interested party, ith the following stipulations: (1) retention and drainage easements a e to be provided on Lot C; (2) surface water flow onto Lot C f ron adj oini g properties to the east are to retain a flow to a five year design sto , and (3) a berm is to be constructed on the west side of triangular piece d Lot C to prevent surface water runoff from the east by November 30, 19 ; and (4) the sale of this parcel be for a minimum price of 76-1/2 cents pe square foot, with the square footage determined by the actual survey, d funds from this sale are to be dedicated to the improvement of eek Ridge Park. Seconded by Councilman Goodspeed. Mr. Podvin, 1 1 Mississippi Street, stated he believed this would be the outcome for is property. He stated everything that has been done directed the sale to/4-he developer. He stated a petition with 74 signatures was submitted �`o have this parcel used for park and no attention was paid to it. Councilmiln Schneider stated many people in the immediate area did not sign the pe ''tion. He stated evidence was presented, from a safety standpoint, it wo It be a good idea to use this parcel to expand the park. He stated resi nts in the immediate area also indicating they objected to enlarging the rk. Mr. Podvin stated the point he is making is the petition was worthless. He -5- C'OUNC'IL MEETING OF OCTOBER 6, 1986 problem is getting more serious because of the heavy rainf 1. Mr. Emery stated Item 2 , under Category B, is the Associaton' s responsibility. He stated the main concern is Item 7 rtaining to the truck damage to North Innsbruck Court. He stated he was a iced by Mr. Dan Farr this would be taken care of. He stated he would like this item moved under Category A items which are the responsibility of the veloper. Mr. Farr stated their position is they would be responsi le only for the Items listed by staff under Category A. Councilman Schneider asked Mr. Dan Farr if they a knowledged any responsibility for damages to the street. Mr. Farr tated they did acknowledge some responsibility and would work wit the Townhouse Association to take care of the problem. Mr. Herrick, City Attorney, stated this issue is really a atter between the Townhouse Association and the developer as this is a pri ate street. He stated if it was a public street, it would be wit in the City ' s jurisdiction. Mr. Herrick felt the Townhouse Association uld adopt some rules and by-laws on what they require on vacant lots rega ding seeding and sodding and what limits they want to impose on their stree s. Mr. Emery stated they would like a guarantee there wouldn' t be further dumping on the vacant lots. Mr. Flora stated any chat} ge in the land, requires a land alteration permit. Mr. anery asked how long the letter of credit wouldbe in effect. Mr. Herrick stated it would be in effect until all the items under Category A have been completed. He stated it should be spelled out in the letter of credit what would be done if certain dates for completion f these items are not met. NDTION by Councilman Schneider to waive the second readings of Ordinance No. 867 and adopt it on the second reading, after a letter of edit for $10,000 is received and, if any items under Category A are not completed in the timetable shown, the letter of credit will be drawn u n. Further, in addition to the nine stipulations listed above, under Ca egory A, another item be added that no dumping of any kind will be pe itted on vacant property without a permit from the City. Upon a voice vo , all voting aye, mayor Nee declared the motion carried unanimously. NEW BUSINESS• 6. CONSIDERATION TO PROVIDE A SENIOR CITIZEN PROGRAM COORDIM R POS3d�I0IvT: 'Ibis item was considered early in the meetin . 7. CONSIDERATION OF RE- �REDQCETHEE YARD SETBAC FRy, 10 FEET TO 7 FEW.,&Bfj�- T 420 67TH LUZM N.E. , N BISTRAM: �--'" COtZI 'TL MEETING OF OC MER 6. 1986 Mr. Flora, Public Works Director, stated as part of the review process associated with Mr. Farr's request for this vacation, staff has prepared a memo identifying nine items, listed under Category A, which are still outstanding commitments. He outlined these items as follows: ( 1) Pedestrian lighting, required as per agreement dated 4/19/76 has been installed only on the east side of Farr Lake pathway; (2) Replace failing retaining wall on the north side of Brenner Pass N. E. ; (3) Remove piles of dirt and debris and sod 15 feet back of curb on the west side of East Brenner Pass N.E. ; (4) Repair washed out drainage Swale at the end of East Brenner Pass N. E. ; (5) Remove debris (street sweepings) 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 boulevard, 15 feet back of curb, on the south of North Innsbruck Drive just west of New Brighton border; (7) Restore buffer between townhouse at 1511 North Innsbruck Drive N. E. and Mulvihill residence at 5601 North Danube Road N.E. , as per City plan dated 9/19/86; (8) Install tot lot on common property on Plat 5 , as per agreement dated 4/19/76; and (9) Remedy erosion and maintenance problems resulting from surcharging on Block 21, Innsbruck Villages. Mr. Flora stated a $10,000 letter of credit should be provided by Mr. Farr to cover the above items under Category A which staff feels is the responsibility of the developer. Mr. Flora stated the items, covered under Category B, should be worked out between the Zbwnhouse Association and the Developer. He stated these are as follows: (1) Sod open area on South Bavarian Nass N.E. between Lots 36 and 37, Block 1, Innsbruck North Townhouses Plat 4 ; (2) Repair asphalt in the driveway at 5677 West Bavarian Pass N.E. ; (3) Install sod 15 feet back of curb and continue spruce line on South Bavarian Pass N. E. , east of 1586 South Bavarian Pass N. E. ; (4) Sod 15 feet back of curb on south side of Brenner Pass N. E. ; (5) Replace all temporary curbing with permanent concrete curb and gutter on West Brenner Pass N. E. , Brenner Pass N. E. , and East Bavarian Pass N. E. ; (6) Repair asphalt depression in road adjacent to 5519 East Bavarian Pass N. E. ; and (7) Truck damage to North Innsbruck Court be settled. Mr. Flora stated the items, under Category C, pertain strictly to the Townhouse Association and these are as follows: (1) Improve asphalt pathway around pond by resurfacing where necessary; (2) Replace broken path light luminaire on the east side of Farr Lake; (3) Repair asphalt in the parking area on Bonhoff Junction; and (4) Patch parking lot on the northeast side of Black Forest Condos. Mr. Emery, President of Villages of Innsbruck Townhouse Association, stated they are concerned with Item 5 under Category A. He stated the Association has removed all the debris and made an agreement with Fx. Farr that he would seed and sod this area. He stated he would like to make sure no more debris is dumped here. Mr. Emery stated in regard to Item 9 , nothing has been done to remedy erosion and maintenance problems resulting from the surcharging and the -7- C)-UWIL MEETING OF OCTOBER 20, 1986 Northfield, NN 55057 Lake Pointe Corporate r (Project #163) Partial Estimt $ 41,634.37 Sewn Councilman Schneider. Upon a voice vote, all oting aye, Mayor N clared the motion carried unanimously. 17. DI,9QQSSION AND DETERMINATIONOF FUTURE ACTION RELATIVE 0 DARREL FARR' VACATION REOUEST• (bunciln, n Schneider stated, when the Council discussed th vacation request by Mr. Farr, he was represented by his son, Dan Farr, and greed to a number of stipulations. He stated he has since received a call from Mr. Emery, President of the Townhouse Association, and was advised by him that Darrel Farr stated his son had no authority to make the commitmen s and he wouldn't issue the bond. Cbunciln-an Schneider stated he would like this information verified and to make sure a certificate of occupancy is not issued on the hone being constructed. Councilman Schneider stated his concern is every time the City had an agreement with Mr. Farr and his organization, this ha always been the outcome and his word is useless. He felt the City had t e opportunity to correct some of the problems and should enforce some of e ordinances or forget about the vacation. Mr. Flora, Public Works Director, stated the City could no ify the FHA that there is a problem, as they normally contact the City to see if there are any problems. Mr. Qureshi, City Manager, stated whatever legal actions are necessary to make sure he performs to the agreements could be taken and a report back to the Council at the next meeting. Councilman Schneider asked that no pemits be issued until they are brought to the Council. ADJOURNMENT: MOTION by Councilman Barnette to adjourn the meeti Seconded by Councilman Schneider. Upon a voice vote, all voting a Mayor Nee declared the motion carried unanimously and the Regular Mee g of the Fridley City Council of October 20, 1986 adjourned at 11:45 Respectfully submitted, Ca rol e Haddad, William J. Nee, Secretary to the Cbuncii Mayor Approved: -18- COUNCIL REEMNG OF OCTOBER 20, 1986 14. LENSES MDTION by Oouncilman Schneider to approve the licenses as submitted and .as on file in the License Clerk's Office. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion c,,tried unanimously. CONSIDERATION OF ENTERING INTO TWO CONTRACTS TH SUBTERRANEAN ENGINEERING AND ERNST AND ASSOCIATES ON BEHALF OF THE HOUSING & REDEVELOPMENT AUTHORITY; Mr. Qureshi, City Manager, stated these contracts are fo/r contractual services in connection with the Lake Pointe developnent approved by the HRA. MDTION by Councilman Barnette to authorize the City' s entering into these two contracts with Subterranean Engineering and Ern t and Associates on behalf of the HRA. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carri, unanimously. 15. ESTIMATES: MDTION by Councilman Fitzpatrick to approve the estimates as submitted: Eugene A. Hickok & Asso. , Inc. 545 Indian Mound Wayzata, MN 55391 Moore Lake Restoration Project ase II Partial Estimate . . . . . . . . . . . . . $ 9,305.00 Gunderson Brothers 2325 Snelling Ave. , S. Minneapolis, MN 55404 Miscellaneous Ooncrete Curb & Gutter Partial Estimate No. 5 . . . . . . . . . . . . . $ 7,348.06 Ernst & Associates 122 West 6th St. / Chaska, MN 55318 Lake Pointe Corporate Center Partial Estimate . . . . . . . . . . . . . . . . $ 2,952.96 Subterranean Engineering 6875 Highway 65 Fridley, MN 55432 Lake Pointe Corporate Center Partial Estimate . . . . . . . . . . . . . . . . $ 1,650.00 Sunde Engineering 9001 East Bloomington FWy. Bloomington, MN 55420 /Lake Pointe Corporate Center / Partial Estimate . . . . . . . . . . . . . . . . $ 21,531.11 Ep6bak Construction Company P.O. Box 458 -17- ,,,I/I f � . AGREEMENT Darrel A. Farr Development Corporation/City of Fridley e Innsbruck North Townhouse IV and V Additions This agreement made and entered into this day of t /G 1976 by and between Darrel A. Farr Development Corporation hereinfter referred to as "Owners", fee owners of Outlot H, Innsbruck North Additio and the City of Fridley, County of Anoka, Minnesota, hereinafter referred to a's the "City". WHEREAS, the Owners have petitioned the City to approve the proposed plat of Innsbruck North Townhouse IV and V Additions being a replat of Outlot H, Innsbruck North Addition and the development of 100 townhou a units. WHEREAS, the City finds that the proposed platting and town ouse dgvelopment will be in the public interest, welfare, and convenience to the people of the City of Fridley if the Owners agree to lay out, develop and maintain said platted property and townhouse development according to sta dards agreed to in advance by the parties hereto. CONSIDERATION FOR THIS AGREEMENT shall be the approval of t e final plat of Innsbruck North Townhouses IV and V Additions together with authorization to develop 100 townhouse units. The Owners, their successors nd assigns do hereby covenant and agree as follows: 1 . To plat Innsbruck North Townhouse IV and V Addition , being a replat of Outlot H, Innsbruck North Addition, to provide f r the development of 100 townhouse units. 2. All utilities including water, sanitary sewer, and Itorm sewer, and all road construction within the plat shall be construe ed to plans and specifications approved by the City Public Works De artment. . ;. Four off-street parking spaces shall be provided wi h each individual townhouse unit with an additional off-street parkin space being pro- vided for every four townhouse units abutting the p oposed twenty four L (24) foot wide streets in the plat. and townhouse de elopment. �;r4 / 11) �r 4. Trail development and trail lighting shall be completed with landscaping of adjacent units . 5. One tennis court shall be provided on the common property of the plat and shall be completed with the completion of construction of the first 20 townhouse units in the Innsbruck North Townhouse IV Addition. lot. 6. One tot lot shall be provided on the common property of the plat and shall be completed with the completion of construction of the first 20 townhouse units in the Innsbruck North Townhouse V Addition. 7.l The Owners shall provide recordable legal document tion notifying pur- \,}.hasers that there will be no noise buffer provide for interstate highway traffic noise adjacent to thio townhouse de elopment. Agreement: Innsbru0ownhouse IV & V Addition/City Fridley Page 2 S. The 0►•mers shall construct at their expense an additional eastbound lane of roadway at the intersection of Silver Lake Road in New Brighton south of and adjacent to the existing roa way lying within the following described easement, and hereinafter eferred to as North Innsbruck Drive Extension described as follows: A strip of land sixty six (66) feet in width locat d in the North Half of the Southwest Quarter of Section 19, Townslip 30, Range 23, Ramsey County, btinnesota, the center line of w ich is described as follows: Commencing at the Southeast corner of the South Half of the North Half of the Northeast Quarter of the Southwest Quarter of said Section 19; thence North along the East line of the Southwest Ruarter of said Section 1.9 on an assumed bearing of N 0 18' 04" E for a dista ce of 33 feet to the actual point of beginning of t e center- line to be described; thence N 89 59' 33" W larallel with the South line of said North Half of the Southwest Quarter for a distance of 1369.17 feet; thencc on a tangential curve to tie left with a radius of 31.58 feet for a distance of 399.51 feet; thence S 3 05' 43" W, tangent to last described curve, for a disance of 470.91 feet more or less to a point on the WeIter t line of the Southwest Quarter of said Section 19, aid point being 705 feet South, as measured along said est line, from the Northwest corner of the Southwest Qua of said said Section 19 and there terminating. The additional lane of roadway to provide addition 1 access to Silver Lake Road shall commence at Silver Lake Roa and proceed westerly approximately 100 feet and be constructed to plans and specifications approved by the City Public Works Department. Con truction shall be completed on or before September 15, 1976. 9. The Owners shall grade a seven (7) foot wide area arallel and adjacent to North Innsbruck Drive Extension matching the gr de of the existing roadway which area will be used as a walkway for p destrian traffic. Grading shall be completed on or before September 15, 1976. 10. To ensure construction of the additional eastbound lane and grading of the seven (7) foot wide area for walkway purposes the Owners will pro- vide a. performance bond payable to the City in the amount of $3000. 11 . The Owners shall maintain, through appropriate patching, sealing and surface treatment North Innsbruck Drive Extension. Maintenance of the roadway shall begin immediately upon execution of this agreement and continue for a maintenance time period of three (3) years from the date of this agreement, or until the completion of the townhouse development (completion of the townhouse development being approval of final inspection of last townhouse structure and completion of all landsc;cping, exterior development, and recreationfacilities) whichever occurs first. Agreement: Innsbru 0ownhouse IV $ V Addition/City 0 Frid ey Page 3 12. The City shall perform snow removal operation on Nor h Innsbruck Drive Extension during the aforementioned maintenance time period and shall be reimbursed by the Owners $500 per year to providelthe snow removal service. 13. To ensure maintenance of North Innsbruck Drive Extension, the Owners shall provide a maintenance bond payable to the Cit in the amount of $5000. If the Owners fail to provide the aforementioned maintenance of North Innsbruck Drive Extension, the City shall rrange to provide the proper maintenance and charge the expenses a& �st said maintenance bond. 14. Upon termination of the aforementioned maintenance ime period, an inspection of North Innsbruck Drive Extension will a performed by the City and the Owners shall make such improvements to the surface of the roadway as required by the City prior to acceptance of the roadway for continual maintenance by the City and release o the maintenance bond. Improvements of the surface to consist of pa ching, sealing and surface treatment to provide a sound, tight, proper y graded roadway section free of cracks, depressions, pot holes and rainage problems. The maintenance bond mentioned in Item 13 shall be nderstood to provide coverage to ensure completion of maintenance improv ments required prior to acceptance of North Innsbruck Drive Extension fo continual maintenance by the City. IT IS MUTUALLY AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successor and assigns and all subsequent owners of the property here described. An execu ed copy of this Agreement shall be filed with the Anoka County Registrar of Deeds and made a part of and be binding upon the above described property. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this / day of � , 1976. Darrel A. Farr Development Corporation Dar 1 A. Farr, Presi ent (Seal) Ja s E. London Vice President STATE OF MINNESOTA) COUNTY OF AN0KA) ss *of Darrel A. Farr Development Corporation a Minnesota I/ ' Corporation On this ' / day of /,��'�( 1976, before me, a Notary Public within and for said ounty, person,�ll� appearedani - , to'mc'kiaown to be the persons described in 'and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. of said Corporation. Ye.-r.ra.•,,rlt:�t?s>.d►+�:il►frf»..�:•i,� �/ L. w^d ws., t.."yam•.-ri-,-�+.'J✓:Y • '..., .-•� .• � .` v.-:..-r...vie.., ..• ! L Agreement: Innsbruck Townhouse IV & V Addition/City o Fri ley Page 4 Agreement: IN WITNESS WHEREOF, the parties hereto have hereunto set th it hands this C day of � '� G 1976. City of Fridley William J. Nee, yor (Seal) Nasim M. Qureshi City Manager STATE OF MINNESOTA)ss COUNTY OF ANOi:A) On this � day oft/'/L- 1976,' before me, a Notary Public within and for said County, personally appeared William J. Nee, Mayor and Nasim M. Qureshi, City Manager , to me known to be the persons described in, and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. L_Y0V. N3 ANO"k. Cut:"4 Y MY 4. Y , Ce �/�- (Official Publication) ORDINANCE NO.867 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX 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 fol- lows: 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 beim 5462 Meister Road N.-E. All lying 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 Min- nesota Statutes and pursuant to Sec- tion'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 OCTO-. BER,1986 ATTEST:WILLIAM J.NEE-Mayor SHIRLEY A.HAAPALA City Clerk Public Hearing:September 8,1986 -First Reading:September 8,1986 Second Reading:October 6,1986 - Publication:November 10,1986 (Nov. 10, 1986)-FRID C11Y OF FWDLLY CRTC CENTER 6431 UNIVERSITY AVE. N.E. FRIDLEY. MINNESOTA 55432 PHONE(612)571-3450 Darrel Farr CITY COUNCIL, Oct r 7, 1986 4600 Lake Road Rcbbinsdale, MN 55422 ACTION TAKEN NOTICE On October 6, 1986, the Fridley City Council officially app ed your request for a Vacation, SAV #86-03, to vacate the five foot utility easement along the southwest property line of Lot 4, Block 1, Innsbruck North iownhouses Plat 4, to a point ten feet west of the southeast property line of a same lot, the same being 5462 Meister Road N.E. with the following stipulations: 1. Pedestrian lighting, required as per agreement dated 4/ 9/76 has been installed only on the east side of Farr Lake pathway. TNA will review this item on 10/16/86; may elect to waive. Staff to delete rom surety after written waiver from ITNA. 2. Replace failing retaining wall on the north side of Bre er Pass N.E. Complete by 10/31/86. 3. Remove piles of dirt and debris and sod 15 feet back o curb on the west side of East Brenner Pass N.E. Unbuilt lots not to be used for dumping as r Farr letter dated 2/26/81. C lete b per � Y 5/31/89. 4. Repair washed out drainage swale at the end of East Br nner Pass N.E. (Severe erosion and pedestrian hazard.) Complete by 10/15/86- 5. Remove debris (street sweepings) and sod to establish ound cover on vacant lot area, Block 4 and 5, Innsbruck Village Second Addi ion, southwest of Black Forest Condos. Joint settlement. Village Assoc ation will remove debris and grade. Farr will sod along the western edg , seed mound and plant trees by 10/15/86. 6. Sod boulevard, 15 feet back of curb, on the south of rth Innsbruck Drive just west of New Brighton border. Complete by 10/31/8 . 7. Restore buffer area between taanhouse at 1511 Borth I ruck Drive and Mulvihill residence at 5601 North Danube Road N.E. as r City plan dated 9/19/86. All ground cover in this area to be sod. 1 landscaping by 10/31/86. 8. Install tot lot on common property on Plat 5 as per a eement dated 4/19/76. ITNA will review this item on 10/16/86; may elect to aive. Staff to delete from surety after written waiver frau ITNA. ` w r Darrel Farr October 7, 1986 Page 2 9. Remedy erosion and maintenance problems resulting from sur ing on Block 21, Innsbruck Villages. Developer has agreed to cure the e ion problem on the surcharged lot on West Bavarian Pass by installing addi ional silt fencing around the northwest corner of lot and by cleaning 11 of Trapp Court and a portion of Wiest Bavarian Pass from Trapp Court o south of said lot by 10/15/86. Farr anticipates construction and sodding on this lot to be completed by 5/31/87 10. No futher dwnping on lots without land alteration permit. 11. A letter of credit in the amount of $10,000 to cover items 1-10 above shall be issued to the City and approved by the City attorney prior to publication of the vacation ordinance. If you have any questions regarding the above action, please call the Planning Department at 571-3450. Sincerely 9T:Jams L. Robinson Planning Coordinator JLR/dm Please review the noted stipulations, sign the statement below and return one copy to the City of Fridley Planning Department. Concur ith action taken. cc: Rick Plessner Dave Emery Steve Tollison