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PL 11/18/1970 - 7364i .. : � � AGE N 1�A � PLANTIING COMMISSIOI� ME�TING NOVEMBER 18, 1970 8:00 P.M. CAT.L TO ORDER: ROLL CALL: PAGES APPROVE PLANTdING COrL'�IISSION MINUTES: NUVEMBER 4, 1970 1-5 RECEIVr PiATS & S'UBDIJISIONS-STRE�TS & UTILITIES SUBCOA�^�ITTE� 6-8 MINUTES: NOVEMBER 4, 1970 � � RECEIVE BOARD OF APPEALS MINU:i'E� : NOVFl��BER 10, 1970 g-1� � A 1tECEIVE BUILDING STAND�'�ItDS-DESIGN CONTP.OL MINUTES: NOVEMBER 5, .1970 2!+_2h 1. COPdTIIvUED PU3LIC HEARING: PROPOSED PP.ELIMINARY PLAT, P.S. ��70-04, 1-5 FIVE SA�1DS BY FIVi?. SAD?DS, INC.: Replat of B�ock 2, Pear.son lst 6-8 Addi.tion and. Parcel 8400. . 11-16 2. RFZCNIIvG KEQUEST': ZOA ��70-06, SID BA.11�R: Lot 4, A�ditor`s 11-`LO Subdivision 4f108, rezone frc�m R-L to R-3 the South 3Q1 ft. Set public heari.ng.date. 3. RE�UEST FOF SPECIAL USE PEP.��iIT; SP �E70-I2, ALVIN A. NITSCHKE: 21�-23 Outlot 1, Rice Creek Plaza Soutn, Lot 32, Block 4, Lowell Addi.tion to F'ridley Park togetlzer witI� the vacated street between before men.tioned garcel5. To T�ui1d t�ro family tiweiling in Rrl District. Confirm public hearing date of December 9, 1970. G��-/:c�/�-�'`� : (`J \ .r,�io l$ , `� 1 + s OI1�` R s �( n �,�-�f � �� /"\ � � PLANNING COrIlKISSION MEETING NOVEMBER 4, 1970 8:00 P.M. PAGE 1 The meeting was called to order by Chairman Erickson at 8:10 P.M. ROLL CALL: Members Present: Schmedeke, Fitzpatrick, Erickson, Harris Members Absent: Minish Others Present: Darrel Clark, Engineering Assistant APPROVE PLANNING CO1�Il�iISSION MINUTES : OCTOBER 21. 1970 MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission minutes of October 21, 1970 be approved. Upon a voice vote, aZl votinq aye, the motion carried unanimously. RECEIVE PLATS & SUBDIVISIONS-STREETS & UTILITIES SUBCOMMITTEE MINUTES: OCTOBER Zi, i9�o MOTION by Schmedeke, seconded by Fitzpatrick,that the Planning Commission receive the minutes of the Plats � Subdivisions-Streets & Utilities Subcommittee meeting of October 21, 1970. Upon a voice vote, a11 voting aye, the motion carried unanimously. RECEIVE PARKS & RECREATION_COrIlKISSION MINUTES: OCTOBER 26, 1970 MOTION by Fitzpatrick, seconded by Schmedeke, that the Planning Commission receive the minutes of the Parks & Recreation Commission meeting of October 26, 1970. Upon a voice vote, a11 voting aye, the motion carried unanimously. 1. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. ��70-04, FIVE SANDS BY FIVE SANDS, INC.: Replat of Block 2, Pearson's lst Addition and Parce1 8400. The Public Hearing Notice was read by Chairman Erickson. Mr. Richard Fudali and Mr. James Kurth represented the Five Sands, Inc. Mr. Fudali explained the reason for platting was, that under the Minnesota Statutes, torrens property would have to be either platted or registered land survey, as the torrens examiner at the County would not accept a description by metes and bounds. They decided to plat in order to have easements recorded on the plat. Lot 1 is under construction, and the public streets to be used are Lincoln and East River Road. Lot 2 could use 79th Way, and there is an easement dedicated over Lot 1 to get to the garages. Lot 3 has an easement over Lot 1 and then onto Lincoln Street. Lots 2, 4 and 5 are serviced by easements pro- viding for ingress and egress to Lincoln Street also. Planning Commission Meetin� - November 4� 1970 Page 2 On Lot 7, there is going to be a Recreation building constructed. This build- ^ ing will have a separate owner and be a separate corporation with Ken Nordling and himself. The other six lots will pay their share of the real estate taxes and maintenance. Outlots A, B and Lot 1 are under one mortgage at the present time. They cannot develop this property without a plat. They found they cannot construct 295 units all at the same time. As far as timing, they will be renting out the first building in the spring of 1971, the second in the summer of 1971, and the 3rd phase will start construction in the spring of 1971 with the 4th and Sth phase in the summer and fall of that year. The complete project should be finished in 1972. Chairman Erickson asked Mr. Fudali who Craig Johnson was and what his interests were in this project. Mr. Fudali explained that Craig Johnson was in the original organization of "The Committee of Five" and that he (Mr. Fudali) was an original member of the group and has purchased the interests of the other three individuals and now he and Ken Nordling are the present owneXS. The Chairman asked what types of �uarantees could Mr. Fudali give to the City that the project would be completed. In the rezoning application, this was pre- sented as one project, and now what is being presented is that these buildings can be owned by different people. Mr. Fudali answered that was correct, but he did not feel if the City had a situation where 295 units were built under one mortgage, and all State require- ments were followed from construction and legal point of view, it would be diffi- cult for the City, ten years from today, to say they would not permit the owner n to aell off�a building. He did not believe that anybody could stand before this body or any other body and say what could happen in the future. The FHA will mortgage the buildings and they plan to complete the project. Chairman Erickson stated thele were outlots shown on the plat, and asked what guaranty was given to the community that these parcels would not go tax forfeit. Mr. Fudali explained that in respect to being able to continue the work, they have a$684,000 mortgage of record on Lot 1 together with Outlots A and B. With respect to Lots 3, 4 and Outlot C, they will be under one mortgage. They discussed that point at some length with Mr. Juster. He said, as f ar as Outlot B was concerned, if it ever did go tax delinquent, the City of Fridley would pXOb- ably buy it and levy the entire assessments against Lot 1. The tax statements would include Outlot B and Lot 1. The reason certain parcels are designated as Outlots is to call attention to the fact they are something other than building lots and also makes it easier to describe them as they are, in fact, easements over these Outlots. Regarding ownership, Mr. Fudali said they own Outlots A, B and C and Lots 1, 2 and 3 of the proposed preliminary plat. The Southerly tract is being pur- chased by contract. In respect to Lot 7, an agreement is provided whereby all of Lot 7 is sub�ect to an easement for recreational purposes in favor of all the rest of the lots. Prior to issuing three building permits, they are going to build the recreational unit and they intend to do so. When they build the thi.rd unit, they will pick up theix contract for deed from Pearson, Inc. They do not � feel this size of project should have an outdoor pool, so they have decided to provide an indoor one and saunas, etc. Planni.ng Commission Meeting - November 4, 1970 Pag�e 3 Mr. Harris said he understood a building was being constructed on Lot 1, and wondered what description was used. Mr. Fudali said that on the mortgage, they ^ used the metes and bounds description, but it, in fact, is on Outlot A, B and Lot 1. Mr. Harris asked what the original zoning was. Darrel Clark said it was partly M-1, C-2S and R-3 and that it was rezoned to R-3A. Mr. Harris added that there was quite a hassle over the rezoning. Mr. Fitzpatrick responded that the "hassle" started after the request had left the Planning Cotmnission. Mr. Fudali said that they tried to build this project as one project, but they came to the conclusion that it was impossible. They are getting mortgages from FHA as they apply for them. He said he could not stand before them and say every phase will go through, but he has every reason to believe it will go through. There is too much at stake for him if the project didn't go through as planned. Mr. Harris said he was concerned basically what will happen if the bottom half of the land, which is still owned by Pearson, should not be developed because of circumstances relating to mortgages or if Pearson should decide to sell to someone else -- what type of guaranty has the Planning Commission got in a case like this? He was looking for some guaranty that this south half of the area would be developed in the same manner as the upper area. Mr. Fudali said in the acceptance of the plat, it would be upon approval of the easements by the Administration and City Attorney. If you approve the proposed plat, the undeveloped lots would be subject to proper easements for ingress and egress. He stated he cannot guarantee that this is what we are going ^ to do, but he would work towards it. If the plan did not go through, the k'earson Company would have all the proper ingress and egress for the area. He could not find a bonding company that would issue a bond to cover or guarantee the comple- tion of the concept. Winston Jacobson, 121 79th Way N.E.: His problem was concerning the results of the lawsuit that came up about 2'� years ago. An agreement was made at that time that the only entrance and exit would be off East River Road or Lincoln Street. The agreement read there would be no entrance at the East end of 79th, especially if Lot 1 got spun off at a later date. The Engineering Assistant said that there are easements runnit�g para11e1 to 79th. A copy of the easements was sent to the City Attorney. The Chairman said there appears to be a rectangular shaped parcel on the Northeast corner of 79th Way and a dedicated street. There could be a cul de saG built at that point. Mr. Jacobson comtnented that with the cul de sac at 79th Way, you will actually have an access point. Hr. Harris asked Mr. Fudali about Lot 7 which would be landlocked. Mr. Fudali answered that when they met with the Engineering Department and the City Attorney, they felt that by giving an easement for ingress and egress, it would protect the lot from going tax forfeit. The Engineering A,ssistant said thaC copies of the easements were forwarded to the City Attorney who is out of tc�wn ^ naw. Mr. Juster would check them as f ar as the legal part was concerned, but he did not call before he left as to whether or'not they are satisfactory. The area xequirements are 2,500 square feet for each unit. These lots, as individual tracts, will nqt ho].d the size of building� �gizig bµilt. The ent��e . tract has enough land to take care of the entire concept. The parking require- Plannin� Commission Meeting - November 4, 1970 Pat�e 4 mentrs are met. One way the City could protect themselves would be to issue all /", the permits at one time on the entire tract. The Chairman wondered what would happen if, when a structure was built on Lo't 1 and Lot 2 was so1d. Mr. Fud�ali said they would end up with a bigger signi- ficant risk than the City would if the plat were approved. There was the possi- bility of a building permit being denied. Chairman Erickson said that he never heard of this type of mortgaging before and he checked with Bloomington Planning Commission. He understood one mortgage company would issue a mortgage for the entire concept, but do so one at a time as the buildings are completed. Mr. Fudali answered that ordinarily you do not get involved with mortgages in a plat, but this is not the situation here. His concern is what would happen if Five Sands, Inc. goes bankrupt, but if something should go wrong, the City would have a platted piece of ground. The Engineering Assistant said the entire tract will hold 295 units. Taking out Lot 7, the recreational area, the complex would have to be decreased. Chairman Erickson asked why they did not continue to file under metes and bounds. Mr. Fudali said they could, but they could not file the deed on the Pearson property then. They would like to have five separate tax statements, as everything else is separate. The Engineering Assistant was asked to find out from the County if they would re-combine the two parcels, aompute the area on the individual lots, and find out the terms of the agreements at the time of rezoning. r"� Mr. Fitzpatrick said that he was somewhat disturbed about the "what if" questions, as they could apply to anything. He continued that we do have to take the intent on some things, and although Mr. Harris says we are hooked sometimes, I feel usually not. Mr. Schmedeke said the Subcommittee discussed this same project previously this evening. They approved the plat. They did not take a pessimistic view of it. They felt the potential intent was to finish this project. Although Mr. Clark and the City Attorney met, he would like to look further at the request, but he surely would not object to it. Chairman Erickson did not believe the attorney had submitted any opiniom and he would like to have the benefit of his counsel. The Engineering Assistant said the City Attorney agreed there was risk involved. He could not think of any way to post a bond to run for "X" number of qears stating that this would always remain in one ownership. He gave the impres- sion that there would be reasons involved for the problem of simplifying all the descriptions and platting would be the proper method. Chairman Erickson said it was his understanding that if the City does not accept the plat, the County will not accept the separate deeds. There will not be separate tax statements. It appears that this would not be one complex if five separate buildings had five separate owners. He felt the Comanission should have more time to study the loose ends, and would request that the City Attorney attend the November 18th meeting. ~ MOTION by Harris, seconded by Fitzpatrick, that the public hearing of the �lanning Commission Meeting - November 4, 1970 Page 5 _.��__._ proposed preliminary p1at, P.S. #70-04, Five Sands, by Five Sands, Inc. be con- ^ tinued until the next Planning Commission meeting of November 18, 1970. Upon a voice vote, a11 voting aye, the motion carried unanimously. One of the items of. concern is the recreational lot. If there is a separate awner for the recreational lot and five owners for the other buildings, who will be paying 20Y of the operation costs of the recreational building and how will this be handled legally if one of the five buildings should change ownership. 2. PLANTING BOULEVARD (40FEET) IN 1�ORE LAKE HIGHLANDS 4TH ADDITION: The suggestion was again discussed for using the 40 foot strip for a nursery. The City could plant seedlings and then later transplant them to other areas in the City. Or the school could use the land for a classroom project. M`r. Fitzpatrick said that the Park Board is now cognizant of this problem, and if the Planning Commission wished to take it off the agenda and refer it to Parks, they would work on it. Mr. Schmedeke said he did not want it to be lost in the shuffle. He thought it would be a wonderful oppo�tunity to plant a variety of evergreens and see which type grows best in Fridley. Another factor the Commission felt that should be checked was the comparison of the cost of transplanting a tree which had been growing with that of a tree purchased ^ with a one year guarantee. Then should they over-plant and then transplant, or use it for a.pleasant place to walk. MOTION by Schmedeke, seconded by Harris, that the Planning Commission refer the problem of the 40 foot Planting Boulevard in Moore Lake Highlands 4th Addi - tion to the Parks and Recrea tion Commission for their study and solution. Upon a voi�e vote, a11 voting aye, the motion carried unanimously. ADJOURNMENT: There being no further business, Chairman Erickson adjourned the meeting at 9:45 P.M. Respectfully s bmitted "� � � v�,"�`a`'� Hazel A'Brian Recording Secretary � � ^ �i � � PLATS & SUBI)IVISIONS- STREETS & UrILITIES SUBCOMMITTEE NOVEMBER 4, 1970 7:00 P.M. PAGE 1 � Chairm<�n Schmedeke called the meeting to order at 7:04 P.M. ROLL CALL: Members Present: Crowder, Schmedeke, Zeglen, Kelshaw, Meissner Member.s Absent : None ' Others Present: Darrel Clark, Engineering Assistant 1. PROPQS:ED PRELIMINARY PLAT, P.S. ��70-04, FIVE SANDS, BY FIVE SANDS, INC.: Generally located South of 79th Way, East of East River Road, West of the railroad tracks and North of 78th Way. (Continued from Oct. Z1, 1970) Eldon Schmedeke said he met with the City Engineer today. The reason for the platting could be said to have been asked by the City inasmuch as it is much easier to refer to the descriptions for the individual buildings and dedi- cating easements. Mr. Fudali explained there are seven lots. There are 295 units planned .^ for this area. Lot 7 is the recreational lot which will serve all the apart- ments. An easement will be given for the entire lot. The reason for the zig- �� zag lot lines is to conform to the parking requirements of the zoning ordinance. Outlot B consists of a 60 foot wide strip along the West edge of the property pY�imarily for ingress and egress far Lot 6. It is easier to describe an'' easemernt as an outlot instead of inetes and bounds description. Lots 4, 5, 6 and 7 do not front on a public road. This was one of the items which was �liscussed quite thoroughly by the Engineering Assistant and the City Attorney. There will be easements over Lots 1, 2, 3 and 4 for ingress and egress to I,incoln Street and East River Road. Lot 6 has an easement over Outlot B which goe:s into Lincoln Street. Lot 5 has a 30 foot easement hooking up with 79th Way going into East River Road. The resason for the division between Lots 3 and 4 as shown on the proposed plat is that at the present time Five Sands, Incorporated is the fee owner of the North portion being Lots l, 2, 3, Outlots A, B and C, and the S. G. Pearson Co. is owner oi Lots 4, 5, 6. OutloLs A. and B and Lot 1 are encumbered with FHA mortgages, and the chances of any of i;hese lots going tax title are extremely remote. The entire.property is torrens title and is described by metes and bounds. The assessments are $22,000 anci Five Sands Inc. expect to pay them off in the spring. The buildings are being tinanced individually an�l will be built individually. � Chairman Schmedeke asked if Mr. Fudali would object to having the easement south of Stonybrook Creek wider as the 15 feet shown on the proposed plat does � not seem adequate. Darrel Clark said that that was an additional easement dedicated off the alignment plat. Mr. Fudali said they would hesitate to enlarge . � Plats & Sub�� Str & Util Subcom Mt� - Nov 4, 1970 Pa�e 2 J - l the easement: as it would involve moving one of the proposed buildings. � The Enf;ineering Assistant said that there u�ould be some sort of blanket easement prE�pared to show exactly where the utilities are. Mr. James Kurth, Surveyer fo�r Five Sands, Inc., said that the Northern States Power Co. will pick up the easements as they go, as they are putting in underground lines. Mr. Fudali adde�i that they have just signed an .^greement with Northern States Power Co. so that the underground line can be installed at any time. Referr:ing again to Lot 7, the common recreational area, Mr. Fudali said the taxes would be on a separate statement. The lot will be in the form of another restrictive co.rporation. An easement will be filed on Lot 7 drawn in favor of all.the rest of the lots. The rest of the lots will contribute 20% of the cost 'for upkeep and maintenance to the owner of Lot 7. They are trying to accomplish several thi�ngs. Each building will be precisely the same -- the building, finances, etc. If one building is so1d, the occupants still can retain the use of the recreational facilities, with the new owner being subject to the same arrangements. The Engineering Assistant stated that the individual lots would not be large enough for the structure being built, but the entire tract is large enough for the entire complex. The status of Lincoln Street was brought up. Outlot B connects with Lincoln Street which is 150 feet long and intersects with 79th Way. Mr. Fudali felt that, as Lincoln Street is not much of a street, they could maintain it, but would like �1 to have the City plow it. Darrel Clark said that the City has 100 miles to plow - in the wint.er. It was problematical whether or not this area could be plowed in time for th.e people to get to work, and then there was the problem of naving the pTow back wp on 79th Way. In ans,wer to the question of drainage, the Engineering Assistant said there is a drainage easement on the Southwest corner of the proposed plat, the higher land up in the Northeast corner drains towards East River Road. Water and sewer will be installed by the developer. There is no problem with sewer and water. The water systern that will be put in by the developer has been approved by the Fire Department. On the North there will be a 15 foot wide berm between the garages and 79th Way. The landscaping plan has been approved by the Building Standards-Design Control SubcommiCtee and the Council. Mr. Schmedeke suggested evergreens be considered. . The iriterior streets will not be as wide as the City streets. He continued, that after meeting with Mr. Juster, they felt there were more benefits to the City with regard to the concept than detriments. If this were a residential area, it wnuld be different, but this land is worth thousands of dollars per acre and tfierefore, is not anything someone would want to go tax forfeit. It is hoped that some day 79th Way will continue across the railroad tracks. � The area s�uth of the proposed plat is developed. They did not feel it was necessary for access to the other side of the tracks for the people in the con- cept and in this case, there is no reason to want to get from East River Road to �,,,, the tracks . . The problems of the interior easements should be approved by the City Attorney, the utilities be approved by the Administration and the City. They �lats & Suhs Str & Util Subcom Mt� - Nav 4�1970 Page 3 are pretty well set on driveway easements. Utilities have been discussed. � MOTION by Meissner, seconded by Kelshaw, that the P1ats & Subdivisions- Streets & Ui=ilities Subcommittee recommend approval of the proposed preliminary plat, P.S. #70-04, Five Sands, by the Five SandS,Incorporated being a replat of B1ock 2, Pearson's Zst Addition and Parcel 8400, as described in the application request and p.�blic hearing notice to be he�~d before the Planning Commission tonight with the stipulations that the interior easement for utilities, sewer, streets and waier, be considered for approval by the City Administration. Upon a voice vote, a11 voting aye, the motion carried unanimously. ADJOURNMENT : There 'being no further business, Chairman Schmedeke adjourned the meeting at 7:55 P.M. . ^ 0 � Re�spectfully submitted �r�-� �� Haz� O�Brian Recording Secretary �/'1 - � THE MINUTES OF THE BOARD OF APPEALS MEETING OF NOVII�ER 10�1970 ^ The meeting was called to order by Chairman Minish at 7:33 P.M. MEr�ERS PRESENT': Minish, Ahonen, Drigans, 0'Bannon, Sondheimer OTHERS PRESENT: A1 Bagstad-Building Official • MOTION by 0'Bar�non to approve the minutes of October 13, 1970 as written. Seconded by Ahc�nen. Upon a voice vote, there being no nays, the motion carried unanimously. Chairman MinisYi reported the action taken by the Council on the October 13, 1970 Board items. 1. A REQUEST FOR �► VARIANCE OF SECTION 45 053,�,4B. TO REDUCE THE SIDE YARD REQUIRE�NT FR(�I 10 FEET TO 9 6 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION ONTA Atd EXISTIriG IyWF.LLING LOCATED ON LOT 3, BLOCK 4. PARKVIEW OAKS 1ST ADDITION, THE �AME BEING 5600 REGIS DRIVE N E., FRIDLEY, MINNESOTA. CREQUEST BY MR. DANIEL M(TI��3i,+ 5b00 R}�IS DRIVE N.E., FRIDLEY, MINNESOTA.) Mr. Daue Dahl, representing Sussel Company, present�d the request. Plans of the p�roposed addition, a survey of the lot and pictures of the existix►g dwelling were �shawn to the Board. Mr. Dahl expla:Cned the variance is needed to enclose an existing deck which will � be turned into living area. The present structure is 9.6 feet from the lot line ' and the propos�zd work will be in line with what is already existing. The pictures o;E the dwelling showed there were two cracks in the foundation. Chai�oaa Minislz asked Mr. Bagstad for a report on the foundation. Mr. Bagstad st,ated there had been some concern about the settling of the foundation and the Building Inspection Department had asked the awner to have soil tests tak�en. The iirvestigation was done by Z�in City Testing and according to their report the structuxe is sound. The report stated the cYacking is approximately 7 years old aad the structure has settled about all that it will. �tain City Teating did suggest that the cracks be bonded and the owner has been notified of this. MOTION by Drigaas to receive the report from Ztain City Testing. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. MOTION by Ahonen to cloee the public hearing. Seconded by Sondheimer. Upon a voice vote, there being no nays, the motion earried unaaimously. MOTION by Ahonen to recommend to the City Council approval of the requeet for the follawing reasons: � 1. They will be maintaining present building linea. 2. There were no objections from adjoining property owaers. 3, Recomnend the Building Inspection Department take note of the suggestions made by lfain City Testing when they issue the building penuit. � �_.. � � �� The Minutes of the Board of Appeals Meetint� of l�ovember 10, 1970 P�.�� Seconded by Drigans. Upon a voice vote, there being no nays, the motion carried /"�, unanimously. 2. A REQUES,� FOR A'VARIANCE OF SECTION 56.05, 6A, TO INCREASE THE MAXIMIJM SIGN AREA OF A FREE STANDING IDENTIFICATION SIGN FRO�M 80 SQUAR E FEET TO 120 SQUARE FEET TO ALLOW THE ERECTION OF A SIGN ON PART OF SEC�ION 22, T-30, R-24, ANOKA COUN�'Y, THE SAME BEIAIG 5601 EAST ItIVER ROAD. FRIDLEY. MINNESOTA (I,�,MAUR, INCORPORATED) .__�RE�U WEST LAKE S There was no one present to present the request. MOTION by 0'Bannon to table this item until the November 24, 1970 meeting as there was no one present to present the request. Seconded by Ahonen. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT • The meeting was adjourned by Chainnan Minish at 8:10 P.M. Respectfully submitted, � G ^ MARY HIN' Secretary , � �, 9 � OFFICIAL NOTICE CITY OF FRIDLEY ' PUBLIC HEARING BEFORE THE PLANNING COMMLSSION TO WHOM IT MAY CONCERN: _4 ��.�i Notice is hereby given that there will be a Public Hearing of the Plarrning Commission of the City of Fridley in the City Hall at 6431 Uni:versity Avenue Northeast on November 4, 1970 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a Proposed Preliminary Plat, P.S. 4�70-04, Five Sands by Five Sands, Incor- ^ porated being described as Lots l through 6, Block 2, Pearson`s lst Addition and vacated f James Street adjoining, together with that part - of the S% of the SF4 of Section 3, T-30, R-24, lying southerly of said Pearson's lst Addition, �iesterly of the Burlington Northern Railway right of way, easterly of the East River Road, and northerly of Pearson`s 2nd Addition; except that part lying southerly of the easterly extension of the northerly line of said Pearson`s 2nd Addition, lying in Section 3, T-30, R-24, City of Fridley, County of Anoka, Minnesota. ^ Generally located South of 79th Way, East of East River Road, West of the railroad tracks and North of 7'7th Way. . Anyone desiring to be heard with reference to the above matter will be heard at this meeting. Publish: October 21, 1970 October 28, 1970 OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION � � _t CIt'Y 4: I'F,TpI�x3� Miid2�'� � OTA I`rIEAPt'cl�t;G A.ND ��i�trlvC �'OP.I�1 �;�-�,;�k P . S . ��70-04 FIVE SANDS �' 1 V 4, ;� f� .- 1j ,j ,�( � f....` ,, .. :/: .j �__�� `� Five Sands, A limited pariership, Richard H. Fudali � n��.�c�:�rz�: :4c�1��u.� ��---.�<<-' �-� �� .-�.!%��__- ...�v,.,�.�,..�r- -- �a..:.�..m..a Adcre:a, 03 entrul ve. N,E,__ M Is. .2��..,� .�.�_.�,_. �%�_. �-- - P .�..�,�. � T�'i'�. Cli P.�QU,7.ST A��:onin� �g��cial U:�c P��:4�aC r VOY�.AriC'�.' Lot SpZfta X A��rov; t o� �'t'.�- ��lf[?�c��tb� Plt1� �cier�ric��:�� i�;��z��er - - — ..�..�$`�.;>�;�.$� ..:� � , J ` _��____�__A�D F 1 Q� V� 1 o f I' i.�. �a 1 Se C,. Pearson� Inc. owner; Fi�\nds; contrac for deed Ptet �.��I.'li�s � G.�l't�s:.�� a�)� �J�CtP�?al�l�3�!e \\ ._� � �-- G.._r � . .. � 'j�,�-� ..�'.._r-`.,.'! ` ... c,,i.=.�s Str�etf3 �g All.c:y,- •- NE.iic:::: �::, _�! •L' `• • V.::AC. �.^.�i'.J ��lc�l,c:�� Y?et�:�'�vr�._.....�._,..... .�.�. �(��h�r �c�ee�: T.,oc�t�o•��e nf :'�e�,a�ax�;� Soufih of 79th Way and East of East River Road � I,��1 gb�vrip�ioa� o� F�o��KCq See Attachr��nt„�,s fo,�full and�condenseci descr�ptions „ .�...�..._...�..�.:a�,._ �..,�.�..�......��.e.m..� t�'E�r?c�nt Zca±r. ; C3a��iibc��ic�� R-3 � � � L��fnL�,:�; U�� a�' C�zy F�a�:�;:�ty (-�59 unit apartment buildin�q under construction _ �xapo�� Za��r:_� Cla�si�ict�eiaz, ��cinl U��:, Variar:ce ar. other recunat �� c_han��eq�;��sted��_ ,� , Deacgf.t�� bm�e�l3� til�� W o� Urs� un�1 t5e x��gav� �.nt a-rc�s�aed P�.�afi�_ro;�e�-"�v to _.�__ �al=low sim�lified descr�tions_for 5 a�mt. sites and one •common recreation site �� fi��ca�� C�' I'��o; W�ary�.ax- 17.6 acres , �� i��o C�3� F'xca�: ri� l:.; ;�li��jt F��v��uvly ; r�u�►it to F.��cn�, �'i��, G�tnQn n L�i ��It��, 0:��ic; r, V�3�S.�ucw ca ^�^ci.al ti�� .'�•tct�Le on ti�v 5ub j�ct �itc o� Pprt o�' It? Yes �..�,.�- - - - -- o�z.e.�,._�.....a..�. �'�i��f��..�,..�.�.�._...,.._.�._....�,.�..�..__< �..._..�.�.,..._ ^i��a� ua� ��c�!��ee�?_....�.�....._��___....�..o�.____.� �.�_FQQ tinclo�e�f ,�_.._�._�_.___.�.,m-._ �c i;Q i'�L�.{`C1 :/: .\ 1\�y�(rI t% ii" D�CC Ol }.'Li��:l� ...� Y . _...... - - 'i �� 0 �� Plats & Su��c.-Str. & Util Subcommittee - October 21, 1970 Pa�e 2 2. LOT Sf'LIT RE UEST L.S. ��70-13 BY DUFFY LUMBER COMPANY REPRESENTED BY ^ JAMES N. NEILSON, ATTY.: Lots 8 and 9, Block 6, Spring Brook Park. � Darre:l. Clark said that the original lot split was recorded in the County in 1960. �:he land and dwellings are now under one ownership and the owner wishes to sell, but does not want to use the 1960 lot line and is requesting a new lot line. The proposed lot line would meet tne sideyard requirements for tne garage on Lot 8, and the land area for the dwelling on Lots 6, 7 and 8 is more than adequate to meet the ordinance requirements. Also, the new line would be straight. There would be no difficulty with the legal description which is a little bit long but very clear. , ChairLnan Schmedeke explained that as long as the owner is the same for both parcels, and the proposed lot line will allow sufficient land area to meet the City Codes, it would seem logical to concur. MOTION by Zeglen, seconded by Meissner, that the P1ats & Subdi visions- Streets & Utilities Subcommittee recommend to the Planning Commission approval of the lot split request, L.S. #70-13, by Duffy Lumber Company of Lots S and 9, B1ock 6, Spring Brook Park as shown on the certificate of survey dated May 26, I970. Upon a voice vote, aIl voting aye, the motion carried unanimously. 3. PROPOSED PRELIMINARY PLAT, P.S. ��70-04, FIVE SANDS BY FIVE SANDS, INC.: GeneYally located South of 79th Way, East of East River Road, West of the railroad tracks and North of 78th Way. ^ Chairman Schmedeke reminded the Subcommittee that it was not necessary ta act on the� request this evening because it is quite a large project and the public hearing before the Planning Commission is November 4, 1970. Mr. Jfames Kurth, surveyor, represented the Five Sands, Inc. Mr. Zeglen commented he noticed construction of an apartment on Lot 1. Mr. Kurth said that the concept wil.l be built in Phases because of financing. When one structure is completed, they will be able to get the money to start another. In�order to get the assessments for each building, the lots would have to be defined. At the present time, there are two fee owners, Five Sands, Inc. and ]?earson�s Inc.; hqwever, Five Sands,�Inc. have a contract to purchase � all the property in the proposed plat. The problem was whether to plat or have a registered land survey. Because the property wa� torrens, platting was chosen as easements for streets and utilities would be neces.sary. A ma�p will be available for the Subcommittee at the next meeting showing the water system, and they are using underground utilities� Mr. Kurth said. Mr. Meissner asked the purpose of the Outlots. Mr. Kurth explainecl that an outlot is a piece of property which is impossible to use for normal building site, and is usually sold in conjunction with the adjoining lot, or is used for some other purpose than a regular lot. In the proposed pZat there are seven lots and three outlots, A, B and C. Lot 7 will be used for a recreation area and will be called a common area lot in that each of the units surrounding the ^ lot have the right to use the facilities. Outlots call attention to the fact that there is something to look into so that the buyer would beware. �� Plats & Subs Str & Util Subcommittee - October 21, 1970 Page 3 � Mr. K,urth said that the building plans have been checked by the fire department. There will be 295 apartments and 580 parking stalls. There are no plans t� use the Outlots. The land to the South contains the Pool Center, Barry Blower and open land. The En�ineering Assistant said that ��.y legal problems would be gone over with the City Attorney. MOTION by Zeglen, seconded by Kelshaw, that the proposed preliminary p1at, P.S. #70-04, Five Sands, by Five Sands, Incorporated be tabled until the November 4, i970 meeting. Upon a voice vote, all voting aye, the motion carried unanimously. , ADJOURNMENT : Thexe being no further business, Chairman Schmedeke adjourned the meeting at 7:50 P.M. . Respectfully submitted Hazel 0'Brian Recording Secretary � I'"1 J , � v _ .. . . . 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" � ,� f ( � � t '1 � -l��\.\ti.. , �-v ' , -� � � - ,.•:, � � �=�5,�,• � I4 `�� "'� ' Y . � � � �._.,� ' i ' ' -�; ! 3 I �----- � - - - � ,: r� ., �r �1,� � < <� � �f �F `; _ �'rri�,'%f� �� ,,�,� . / � `/`i i �. % , �l�, "� %l;�l� f. f/ �� l �y � !�� .�i �, f�,, �� f '; G � %/� � /_ � _ s �f ,;- �f ��.� -� ,, r ,,��, ��;i i ��, �`' ��,�� _;� :�i% � �:��ii/i�'�- �/f' � !_=.---_._---'- �/ // � -�- � ��/. � � . �"._ e �!� �..; _ .;;:`,., ' � _ �/ �'�� t - - � - �/,/, �___ : _ . f / /�j� � / i�' � �� % ��//.U/� — - ..._ _ . � ^ ^ MINUTES FROM THE FILE OF COMMITTEE OF FIVE, ZOA ��69-03, TO REZONE FROM C-2S AND M-1 T0 R-2, THE SOUTHEAST CORNER OF 79TH WAY AND EAST RIVER R�AD e r ��i � 0 � � EXHIBIT A Supplement to zoning request ZOA ��69-03 0 a � . _ 1. PROPERTY OWNER: � � �7. /� '`�'i.�/T��`<°' � G , -�-�-/'G: . /:��' .'/�, - � - � Owner's Signature: %l �� / � `-c�'. C 71-t�CC! L � �:�� Owner's Address: �r/ ��' ��'�� Owner'' s Telephone Number: ��/ �%�� t� fz f�� %- �.S.Z � 2. APPLICANTS,: � �, �� ,.� Paul G. Roberts, Old Cedar Road, Raute 1, Rosemount, Minn. 432-7023 . �-" '-'.%:/�r. ,r.��./•.. --: �; Cla"rence A. Lowe; 1580 E. Constance Dr. , Golden Valley, Minn. 545-5456 � , r � �eorg�- H`� vorson, °40 Angelo Dr. , Golden Valley, Minn. 588-7250 -�'��i:"� � 1/ i �C/�—' :1, William R. Dolan,5318 Upton Avenue S. , Minneapolis, Minn. 926-0368 - ` ., ��--- �N. Craig Johns n,, 517 Oxford Avenue, Edina, Minnesota 929-2720 t.�. �'� .� - � .. . � t l. REGUL�IR COU23CiX, MEETING OF AP�.IL 7, 1969 � PAGE 2 � Mrs. Agnes Mihalow, 5411 Madison Stxeet N.E., said that she wished to register a complaint against the Target Store in regard to e:�ce€sive smoke and strong odors. � She said that she has called the Fire Prevention Chief many times. This is a nuisance to the people living in the area, and she asked that somethinq please be done about it. 5.ie said that she believed th.a. their incinerator is not wor'�-ing properly. She said that she has had to put up wi-th t�is for three years. Mrs. Carol Novitsky, 5421 Madison Street N.E., said that she had talked to Councilman 5heridan about this a few weeY.s ago, a,n�! he talked to the Target people at that time. They say that they have never heard of this compl.aint. She said that Covncilman Sheridan can vouch for the amount of smoke, as he saw it when he was down to cneck it out. Mrs. Mihalaw expl�ined th�t the store is down in a hollow, this means that the smoke staoks are only �bout 3 feet above the ground level of the homes on the hill. Councilm�n Saanuelson asked the City Manager if any letters have been sent to TargQt. The City Mana.ger said no, that he had not known it w�s this bad, but that it woul� be ciane. He a@ded that if they are cort►plying with our Ordinances as £ar as inein�ration is concexned, it may be that the Nuisance Ordinance can be used. Mrs. hi�.hilow said that she would be willing to sign a complaint, if neces�ary. l�yor Kirkham asked if anyone else wished to speak on any item not on the Agenda. Titere was na response. �� PUBLxC HEARING ON THE P�EZONING REQUEST ZO.� 69-03) TO REZONE FRQM C-2S AND M-1 _ TO R-3, THF. SE CORNER OF 79TH W�iY AND EAST �.ZVER RO�D, BY N�CRAIG JOFiNSON AND � COl�FlI7'TEE OF FIVE : The City Engine�r showed a m�p of the area on the screen for the benefit of the audience. Councilman Samuelson poin�ed out that there is a smalJ. poxta.on already zoned R-3, the rest is M-1 and C-2S. The City Engineer added that the Ordinance will say R-3A, as that categoxy is e::�lusively for apartsnsnt houses, whereas R-3 does pex�mit other..uses. Mayor Kirkham then called for comments from the audience. Mr. Charles Floer, 161 79th Way, said that he is across 79th Way from the property in question. He asked what was to be gained, and he felt that a shopping center would b� a better use. He said that he was in opposition to the proposed zoning. Mrs. E,L. Pett, 176 Longfellow Stre�►t agreed and �aid that she would rather have� a shopping center, as the n�arest center is eith�r Holly Shopping Certer, or � Coan Rapids Shopping CQnter. Mrs. Curtis, 161 Longfellow Street N.E. said that � she ��as also in opposition to the rezoning. Mrs. J.O. McCollowe 290 Longfellow Street, st�id that she lives next door to an apartment house, and did now want an�t more apartmsnt houses. She sdid that a person cannot drive down the street, and the apar�menL house is not kept up. 1 Mr.. Johnson, applicant, said that the project propasal is for a total of 290 � units, divided up into four building�, three stories high, with garaqes provided. �They will face �toward the center and access will be from East River Road, with � two entrances off of 79th Way. Co�ncilman Saanuelson as�e� if he had any plans for � the proposal. Mr. Johnson said th�.t they are being preparad for the Building ^ Standards - Design Contzol noY�. Coixncilma,~� S��uelson a�ked if there were any pl�ns for improving the cre�k. Mr. Johnson repli�d, not unle�s it proves necessary. , He said that they are planning an a.rtificial creer: t�rough the center of the coa�- plex. Councilman Liebl asked how much acreage they have. Mr. Johnson said about 17 acres. He thsn asked how the units were divided up. Mr. Johnson said that l.�u:� � . r ♦ � A _�'." ''REGUL�R COUN4:SL t�TZNG OF 1�PRIL 7, 1969 � PAGE 3 /`� they are planning one, two and three badroom apartments, with�approximately 5Q� , to be three bedroom, 25$ to be two bedroom, and 25$ to be one bedroom apartments. t' Councilman Liebl asked how much the rental would be, and commented that Fridley � has been trying to get in nice apartment houses. Mr. Johnson said that the one � bedroom units would xent for $150 to $165, the two b�droom units would rent from i $180 to $200, and tit�e three bedroom units would r�nt from $225 to $25Q. , /"\ ; : i The City Engineer elaborated on their plan by say3ng that the four buildings would be placed in a circular fashion, with a recr�ata.onal buildinq in the center. The access for one ef the south apaxtanent building� would be off East River Road, and for the othEr three,accc�ss would be off 79th t7ay. Councilm�an Liebl asked if there,were adequate facilities. The City Enqineer sai.d that the utilities would have to be extended into th� project. �he only thYng they do not have is a storm sewer system and either the creek woula have �o be up-graded or drainage would Aave to be piged through the property. Counciiman Ssmuelson co�aented that it seemed that it would not require any additional.�.*ar3c by the City, that theae things would have ta be taken care of by the developer. Councilman Liebl asked if this project wou2d be complet�.in five years. Mr. Johnson said that soma of the work would be done this summer and it would be ccmpleted next summer. Coun�cil- man Liebl asked what the Corranittee of Five repre�ented. Mr. Johnson said that this represented the five owners of the property. Mrs. Pett said that if this plan is approved, it will mean that she will be looking at garbage cans. Mayor Kirkham told her that the City Ordinances would control this. �. Councilman Liebl asked what is the estimated cost of the project. Mr. Johnson said about $3,800,000. Councilman Liebl pointed out that the School Board was concerned about the nua►ber of apart�ants and the effect they would have on the schools, and that 50� of the units would be 3 b�d.roo�► units, which could mean a large pgrcentaqe of children. MOTION by Councillaan Samuelson to close the PubZic Aearing on the R�zonin� Request ZOA #69-03 to rezone from C-2S and M-1 �o R-3 by N. Craig Johnson. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carriec�. Mayor Kirkham informed the audience that action will probably be taken on this item on April 21, 1969. PUBLIC HEARING ON THE REZ0�IING REQUEST (ZOA #69-04) TO REZONE FROM I�'i-1 TO C-2 BY GORDOV SWENSON: Outlot 1, Block I, Nagel's Woodlands together with that part of the NW�x of thQ NW�i of Section 12, lying East of Nagel's Woodlands, West - of Laanpert's Addition, North of West extension o� South line of Latnpert's Addition and South of Osborr�;: Raad. The City Engineer showed a map on the screen for the benefit of the audience. � : 8e explaine�l that this proposal is for the are� where the antique �hop is nots. He said that Lampert's Lumber is to the south and,on•the west is a telephone building. Mayor Kirkham aske� if there wa� anyone present who wished to sp�ak ^ on thia item. Mr. S�enson was preaent and explained that the praperty was oriqinally zoned M-1, but you could build co:�m►ercial in an industrial asea. In 1964 thct Council changed the u�es, and the uses now would be nonconfonning, and he could not build under the present zoning. The City Attorney a��e� that hs v�ould sugysst th�t, �.._,.�,. .� � .. � REGUZ.�i COCJ14dCIL MEETING OE APRIL 21, Z969 � PAGE 9 kept distinct. He pointed to the problems with the Hul�baloo Club. 2`i� ^ Council t�as assured that,it would be kept a clean club, then it ch�ngQd hands, aaid now i� ha� changsd hands again. He said tha� thi;s is in no t�ay a reflection upan Mr. Rostberg,:but•rather a matter of personal discretion. Mr. Phleqer saii{ that he wanted to make clear that this wou}.d be in raca way a joint operatic�n with some kind of partition, but would be sep�rated by the calendas, ar�d would be Qn completely diffexent nights. . � CounciTman Harris asked what kind of control the City �aould have if th�.r� club was sold ayain. Mr. Gibbs said that the liccnse would not be tran�- ferrable. The r�ew awriers would have to come in aaud apply fo�c a license. Councilman Sheridan asked,if there yvould be any.entertainm�nt on th� z�dult nights. Mr. Rostberg said that theste would be just live music seven dE°ays a week. Counci2m�n Harris asked if this would be the same.type license as fo� the Frontier Club and Canterbury Pub. Mr. Gibbs said.ye�, except that their licenses are not split by the days of the week. He �dded that he could fore- see the problem of an adult coraing in on a week night, then trying � c�� back on a w�ek �nd, not kncrwing the arrangetnent.. .. • Councilm�n Liebl said that he has checked Mr. Rostberg's reputation an� he feele that thes�s two ap�ratinns would be compatible. He said that hc�.under- stood I�ayor Kirk:i�an'tt and Councilman Sanruelson' �s stand, but he felt th�t tise teen aqers► in Fr.idley r►Qed a place to go to dance, and C��inq R�yaZe would provide as place with police protection. He said that he would have no hesi- tation in letting his children .go .there. He said that in a progre�sive and cot�p�titive warAd, canaid�ration must be qiven to pr:tvat� enterpr�.EQ... Councilman Harr�Ls asked, because o£ this unique situation if S.t would b� � possible.to qraxit a provi�donal license...Mr. Gibba s�id that:he did not know, but that he wouJLd check the State Statutes. Council4nan Sheridan�said that this could be compared to the �enporary liqL r�licensas grant�d to the Jayc�es and other organjLzations to suyrn�nt their incoms. - ' , •�. •;.�: . . --Mr. Ed Thayer, 132.St�onybrook �7ay, said that he has a 16 year old daughter, � and he is satiotied with the controls provided by Mr. Rostberg. Fridl�y needs a pince fax teen agezs to dance and he wQUld�prefsr to have h�s daugh- ter hesQ in Prici3,ey than ovez. in Robbinsdale or dc�wn i.� Miruzeapolis � ' MOTION TO-At�iEND THE MOTICN by Councilman Samuelson mada by Gouncilman Harris thtit it bQ a provisional license subject to Councii renewal on November 1,. 1969. Seconded by�Councilman Sh@x'id�?^.. Upon a voice vote, Sheridan, Harris, Liebl� .votirag r�y�, Kirkham mnd Samuelson voting nay, _Mayor Kirkharn decl�r��l the motion c�rried. . � � f , . . _ . ,.�. . THE AMENDED MOTION was seconded by Councilman Sheridan, and upon a voic� vote, Li�bl, Harris, and Sheridan vdting aye, Kirkh�,m and Samuelson voting nay, Mayor Kirkham declared the motion carried. _. ., :.z.-�,. . - ,:, �.� � ; � . %'� CG�:dS$D�.i'2�3'IOP1 O.? AN Ot2DIIdARiCi I'O�i RET,�'i�TII�G RE(WEST (2t�� 69-03) TO REZO:� FR�! C*�23 R2dD 2i-1 TO R--3A, N. CRAIG JOIiNSON : S5 carner of . Z9th .Way and. E��t River F.c�ci . _ . � . _ . . - . . , . . : . . . . .: . . . . , . ... . . - . . - . .,_ , _ . . The City Lnqineer:s�id.thnt,thi� is a proposal to rezans a portion of R-3 1 to R-3�, fihe� res'� of tha 3ar),ci i� C-�� and 2�-1 and w•ou3d ba r��onet� to �i-��,,. He ahcsa��od on a�aap thone �,o�'ticsis� of tho land zonad 1�-1 �end C-2S. �n� ex- . . , .. . .. .. , ,- -'--- �L_ __,.___� �___,_- -_a ...L_ ., .,� s� ..�^...,,.. `.,�..� t� _ ` e !��GT`I.%:'t �''j?;'' �--, tf,.�'i�:''i'I2.� GF �PR7.L ?.l, 1969 Pl:GE 10 ; . d East River Road. �.� ^ Counci:lm�.n Liebl s�3id that he nad recEived many c�?1s on th?s and was told that th�-re z�-ould b+� a�ptition �to be presen�ed L� the Council. I�x. Charles Floer, 151 79th F�a:y► then carne �forward wii:h a peLiti�n and sa?d that there were 2�4 names on it. MOTION by Councilman Liebl to receive Petition #12-1969. SecondQd by Council- man Samselson. Up�on a voice vo�c, a11 votinq aye, Mayor Kirkh.��n d�clar�d the moi:i.�� ca.rzied unanir.tously. � MOTION b� Councilstan Liebl to ask.the Council's co�aw�e� in gxantinq a thzee week delay before any decision is made to all�w more �ime �or the Council to stLidy this request. I�e would also �� r�ciu�st �he �ldr�►inis- �ration to.r.•�ke a study of the �raffic pattern in �his a�ea �nd a com�arison of i:�:c po�ential with .the present zoning as opposed to tlze proposed � zoniiig.. Seca:�ded by Gouncilman Sheridan. � Mr. Ed Thayer, 132 Stonyb�ook F�ay N.E., said that he would lik� to kno�t what kind of a devel.opment is �co go in �his area. Councx2man Sa�ue�.�on said that it taould bz an apa,rtment complex with about 290 units. Mr. Bti3li�.m Dolan, of Dolan Engineering Inc. , Engxnc��r_ tar- �he co�plex, .' brought the plans forward for the C�uncil �nd audience to see. Mr .�'Fa.ayer ask.ed what kind of taxes thia type of ' conple-� would bring into the City oiE F�id1Ey. The Finance Director s�id that he did not k�ve this.: � information but wc�uld estimate that for a 3.5 miZlion r�a.'r.lar project, it should bring in ak�out $170,000 to $190,000 per year. A4x. Dol�n said thGit the plan is gor 5 u-�haped buildings centering around a poo�.<�.nd recreat:ional bu�.iding in tho cen�er. Access to the si�@ would be oPf 79th Fiay and t:here would be one acoess. of� East River Road. biost of �he � parking and the �c.cess would be �o �ha rear. The nor�h p�rt of the progerty is zoned for multiples already. He felt that this plan allo��s good use of the land, as there; YrQUld be a�cremendous amount of green area. Mrs. Pe�t, 1?6 Longfellow, said that it appaared then_the people nor�h of the complcx �tould be iooking at t'-^ backs of the garages and garbaqe cans. Mr. Dolan s�id that the garbage cans will be screened and placed near the garages. The garages will have two.doors, rather than a string of doors, and the cars �aill dri�re in and park. A memb�r af ihe a�zdience asked iiow they plan ta drain �he land, an�ci that �he creek gaes rig2it l�y their property. Mayor Kirkham ansc�ered that no m�tY.er what ki.nd of deve:lopznent were to r�o in there, the land would have to be drained. The Cit� Engineer said that the only possible dra'inage vrnuld be in`�� the creQk:. I!Ir. Leonard Bx�•�dt, 190 Craigbrook `rtay N.E. s�i:d that i:he water goes .darm tJ':�e cr�ek so fast now ther.e are era�ion proble.*t�s. Gouncil- m.�n S�uel�an said that there is a Public H�aring co:ning up soon on the drainage of �he area to the east and theze will h�ve to be some kind of. irnprov�r:ents �r.�.�.e to the creek also. Mayor Kirkhau► �aid tY�at �he cr�ek will � be p�otect�, pro:b�bly by the use of riprap. Cour.cilman Sar;�uelson said that . this a�ill be part of the cost of *he total improvez�snt. ��e also pointed out- ` that i£ it �aere to be develaped into commercial use, '�here would be more blacktap required, ��hich would cause a greater �rr�punt of runaff. _, � � A � t ^ � .� REGULAR COUTICIL MEETING OF APRZL 21, 1969 � P�GE 11. Mr. Thayer askedl how the tax patential would compare between the present zoning and the F�roposed zoning. Councilman SamuelsQn said that there were no concrete fiqi:�res available, but he would guess the apartment would bring about $200,OOQ ��er acre and a shopping center would bring about $150,000 to $175,000 per acY.•e. Mr. Thayer asked if this �omplex would not generate . abaut 100 to 20Ci children. Councilman Samuelson said that h� believed gene- ral surveys figi;�re out to be about .4 chi].dren per unit. Mr. Thayer said that When thinking ak�out apartment houses, it brings to his mind those on Charles Street and these� are a disgrace to the City. Councilman Samuelson said that he must agree, k�owev�er, this would depend on the management�. M�yox Kirkh�..�+�t said that this F�roposal would be comparable to the Georgetown apartm�nt co:o- plex. Mr. Thaye:r said that with the Georgetown apartments, there are a limited amount c►f children allowed, but with this complex there did not sc�m to be any limits� set. Mr. Dalan said t:hat as far as maintenance goes, he would assume that the complex would h�ve to be kept up, or the owners would be losing money. Mo�t apartments are r�un by a manager, and a full time caretaker. Mr. Jerry Roberts said that he is part of the partnership, and the management wuuld be his prablem. He; said that as such, he would have a great deal at stak�, and if the apart;ments are not kept up, they will go broke. He pointed out that the rental is quite high and as such would act somecohat as a screQn. _. , A member of the audience asked how long they would own the project befoxe selling it. Mr., Roberts said that he is not one of the owners, but the mana- qer, but that tYiere would be no benefit it selling it soon. A visitor asked how they would c:alculate the longevity of the buildings, in other words, how long before it will become run dawn. Mr. Roberts said tY�at there a�o some projecta•in this country that are 100 yea�s o�ld, and are sti11 of high quality because of good maintenance. He said that his money is goin� into this, and he wi:Ll try to make it as good as he�can. Mr. Roberts was_asked what other proje�cts his company managea. He replied that the largest is Meadowbrook Manc�r, and'they also manage an F.H.A. project in Roseville, to mention a few. �ouncilman SamueTson asked how many units he is epe�.in$ of. Mr. Roberts saici that they range from 2500 units down to 15 units. Mr. Thayer askeci Councilman Samuelson what he Ftould prefer there. Councilman Samuelson said aesthetically speal:ing, fer this projec�t. to see go in that he caould pre- Another Represe�ztative for this project said that with the present zoning, there would be ��pen spaces, which quite possibly would not be kept up. A member of the audience asked where the parking is to be. Mr. Dolan said most of it wauld be along the railroad tracks and some would be near 79th PJay. The visitor then sa:id that they live an 79th Way now, and there is parking avail- able in the bacl�c of the apartr�nts, but the tenants do not use them, they park in the str�eti, an$ hot-rod up arid down 79th Way. Councilman Samuelson pointed out that Pearson's First Addition is already zor�ed for multiples, ao their view w��uld be the same regardless of what went in south of �here. Mr. Flosr asked �ahen the rezbning took place on 79th S�7�y. Councilm�n • Samuelson sraid in about 1963. bir. Floer said that he livezl ther�a then and did not know ab�ut it. Mayor Kirkham told him that the City must abido by the law in send.ing out Notices, and if he did not get one, it may have gone someplaCe else, suoh as a contract •:�t deed holder. . � .. . . .. ��u f ,��,�, ✓ � . _ _ _ _ _ _ t� .�.. � , . . . I ; REGUZdAR CQU:dCIL MEE:TING OF APRIL 21., 1969 � P.�GE 12 " i , i . � � � . � A visitoz• tn the Me:eti�ng said that there would h� a big• tra�fic pro�1,� at about 8:00 A.M.. whe�n everyone is trying to get onto East River Road goinq to work. Right no�� zt is someti�nes hard to get onto East River. Road. He � asked about the.pa:ssibility of openinq: up 79th all the way to UniverBity Avenue. ...-- . . .•.J • . Mr. RicY►�rd iiarris asked about how many acres are pregently zoned.�1-1. The City Engineer said about 7 acres.. Mr. Harris said tha� this �rould allow thing� such as a si.eel fabricating plan�, and probabZy se�zeral types oi industria-1 uses- suc;h as�-this. Councxlm3n Samuelsc�n said yes, �r bu3iness�� like �arry Blower. . " ' , Mr. Brandt asked wha��kind of guide lines can the Council put upon the apartments. Counc:ilman Sheridan answered that there is a requiz�m�nt for an annual license ren<�wal, and if there are problems, at that time the Council can tailce steps for correction. If they aze not corxected the Certificate of Occupancy can be w:ithdrawn. Mayor�Kirkham added that in recent years the Council has been m�ich more-insistant on high c�uua�ity and have been including adequate landscapi»g etc. and has resulted.in nicer looking apartment hou��s. Councilman Sher�da�n, in referring to the� Peti�ian recei�sred by the �Council from Mr. Fioer, said th+��- �ez'e were no addresses�on the. Pstiti.t�n and asl�ad hotrr . it can ba evaluate�3 without the addresses. Mr. F].oer said that rs�ost of the people live on 79t]h Y7ay, and on north, and about two blocks across East Rivor . :� Road. . . : .. , , . . . . . • r. � h t th back ; Councilman Harris �asked how the cars are to ge� from 79t Way o s� area alonQ the railroad tzacks. Councilman Sac;cu�lson said it ��u].si� b� on a dedicated street. He said that ta answez same questions rassc�: s�rl.ier, the Ci,ty is pursua:ng the 79th Avenue crossing acrpss the railro�d tracks, and that signals are programmed foz �he in}ersection of 79th.Way.and East River Road. .: A. visitor to the Me�ting asked abs�ut� a. crossing a� ?8�h; - _ Councilman Samuels�n said that the railroad cacnpanies are very. ��stric�iue about the crossi.ngs and..there is no possibility of having one�t'ai�re. TiiE VOTE UPON THE :MOTION for a delay before the determination is �.ade was a voice vote, all voting aye, Mayor Kirkham declares� the moti:on carzied . unanimously. � � � � � � . �-.. RECESS: Mayor Kirkham declarsd a•l0 minute recess at 3.0:4D P.M. FIRST I2E�I.DING OF AN ORDINANCE FOR REZONING RE UEST (ZOA �69-04j TO; REZONE __ FROAi M-1 TO C-2 , G4T2ThJN SWENSON : . � • • � • MOTION by Eounci��an L�.ebl to adopt the Ordinance on fi�rst reading�and-waive the re�ding. Seconded by Councilman•Ha�r�s. _- . ._ ._. .. Counc� tr,�-.�n H:�rra�s askEd �bout cle�ning up the proparty� F�here � th� :anti,clue ah�p. �"\ is, and said that he thought that it was a violation of the Ordinanc� for permanent outside storage without some type o��canopy or covering. Ha_said that �his d�es n�t, refer.to this particular item under conaidera�fo�s} btit he would like to see if something can be uone to clQan up th�a aran. I�. 6wenson agreed And said that it was not on his property, but would al�so like to have it cleaned', up. Councilma� Harris �eked Mr. Sr�enson to crnns in to eee ,�•. .:b ` ., , r... _ __ '. •. _.l , ' r j ~ . � � ^ �: i�1 REGULAR. COUI3CIL MEETING OF JULY 7, 1969 � PAGE.2 purchase Lots 9 and 10, Block 13, Fridley Park Addition, 6435 Ashtor_ Avenueo but first he would like to know if this move would be approved. The City of Minneapolis Watesrworks has taken his land. He explained th�t his home is eight years old, ar�a in good condition. He saic: that the Building Official had inspected it: and found that it met the building codes. He then presented a picture of hiss home to the Council for them to see. The City Enginee�r said that he had not seen the house, but is familiar with it, as he had talkect to the Building Official, and since this man is in a hurry and the house i:a in good shape, he felt that the Council could, if they wished, approve this rec�uest. Councilman Sher:Ldan said that he felt that this request should go to the Builaing Standar.ds - Design Control Subcommittee first. They wiJ_1 be meeting July 16, 1969, :�o this would not make too much difference in time. That way the Building Bo��rd would not be bypassed, and the Council would have theiz recomrnendation. Councilman Samuelson agreed that the procedure should be followed as the�^e would not be too much time saved anyhow. He commented that there should be no problem, it is a nice looking house. Mayor Kir�ham advised Mr. Zroka to ge�t written concurrence by the neighbors to present to the Building Board's Meeting of the 16th, and then it will come back to the Council on the 21st of July. Councilman Sheridan added that his feeling that it should go to the Build:ing Board first was no reflection on the appearance of the house, he felt that it would make a nice addition, but rather that this is the proper procedure. The Council advised Mr_. Zroka to contact the City Engineer to start the necessary action to get on the Building Standards - Design Control Subcommittee Meeting Agenda. - ORDINANCE #424 - AN ORDINANCE.TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTP. BY MAKING A CHANGE Ir1 ZONING DISTRiCTS: (N. Craig Johnson, ZOA #69-03) MOTION by Councilman Harris to adopt Ordinar.ce #424, waive the reading and order publication. Seconded by Councilman Sheridan for discussion. Council.man Harris commented that he had already made his reasons known for being in �avor of this Ordinance. Councilman Sheridan reported that he had had a number of calls from people in this area and there seems to be some misinformation that if this rezoning Ordinance does not go through, the land will become R-1. This is not the case, it will remain as it is, M-1, C-2S, and R-3. He said that be felt that by this zoning, it would be an upgrading of the land. Councilman Lie��l asked the City Attorney why he did not sign his name to the opinion rendere.d on this case. The City Attozney said that he was in a rush to get it out c�f the office, and would be willing to do so, if Councilman Liebl desires. THE VOTE, upon the motion, being a roll call vote, Sheridan, Kirkham, Harris, and Samuelson ��oting aye, Liebl voting nay, Mayor Kirkham declared the motion carried. Mr. Charles Flaer, 161 79th Way N.E. said that as a citizen of the first ward, he would like t;o challe�ge the vote of Councilman Samuelson because of the conflict of int;erest, and rectuest the Council to ask for a ruling from the Attorney Generail of Minnesota on his vote. t..._._.:a.:� , REGULAR COI3P:CIL rIEETING OF JULY 7, 1969 � _ . __ _ _ : __ �..,� PAe� 3 ^ The City Attorney said that it is hard to guess wha!� t�.e Actc��aEr �er_ea�a1 °f=�a�d say, but that on<;e an action is accomplished, he would not render an opinion. ' He would only answer a pending question. ORDINANCE #425 - AN ORDINANCE UNDER SECTION 12.0; OF THE CIT� CHARTER TO VACATF STREETS AND ALLE'�S AND TO AMEND APPENDIX C OF THE CITY CODE: (Harold Harris - SAV #67 -04} MOTION by Counci:Lman Sheridan to adopt Ordinance #425, waive the re�ding -�a� order publicatio�n. Seconded by Councilman Liebl. Upon a roll call vote, Liebl, Harris, S,�muelson, Sheridan, and Kirkham voting aye, Mayor Kirkham declared the mot.ion carried unanimously. CONSIDEP.A'?'ION OF ALLEY PROBLEM BETWEEN MAIN STREET AND SECOND STREET BETWEEN 60TH AUEAIUE AND 61ST AVENUE:_ (Ronald McClain) The City Manager reported that there was only one outstanding letter yet to be received. That was from a Mr. William Warner, owner of 6021 Main Street, All those received are in favor of vacating the alley. Mayor Kirkham asked if Mr. Warner was in the audience. Mr. McClain said that he had said that he would be " here tonight, however he is not here as yet. It was agreed to take this item up later in the Meeting when Mr. Warner arrives. For the sake of clarity the remainder of the discusG�_cn � e�ta�..�;_<.g ^ to this item discussed when Mr. Warner arrived will £oL'�ow. � Mr. William Warn�er said that he bought the building in 1968 and that he deals in real estate. He said that there are three buildings in a line which were designed for wal.k-outs to the back parking lot. This would mean that the alley would have to be: paved. He said that he had talked to a few of the people in the neighborhoocl, and they feel that they do not need the alley. It was pointed out to him that the children use the back for a play area, but it has been shown that hard surfaced areas for play are safer than soft surfaces. He also would quest:ion the increase in valuation, if any, if there was a vacation. He said that he could not afford any increase in valuation. He would also question how the; off street parking in front could be arranged. This type of off-street park�Lng would be in violation of the Code. Mr. Warner said that he did not feel that the vacation of the alley would be a progressive thing. He reported thai: they had a terrible time wi.th garbage collection last winter. If the alley wa:s in there, it would be a simple matter to collect the garbage. He said that he understood that Main Street will be a State Aid Road one day, and with the re:strictions irr,posed, would not the alley have to be opened up again. Mayor Kirkham a��swered that the point is, that the a11ey has never bEen open although it is �latted. Since it is not used, most people feel that it should be vacated. If it is not vacated, it still would not be improved, but would remain as it is. The improvement of the alley would be very costly because of the drainage pr��blems in the area and the people are not in favor of this. He said that in his opinion this alley would never be improved, unless it was petitioned for. Mr. Warner asked what i- the State would require that it be opened. Mayor Kirkham said that he could not imagine why the State would require this. Councilman Harris added that this is not a controlled access street. Mr. Warner asked about the garbage collection problem. Councilman Liebl said that this was a problem ��yrauc�Y�Otzt the City last winter because of the amount of snow. The-Council. did g�agt a�aiver o� th� 0�'dx�ance v • REGC'LJ:i; Ct`L'IyCI � T•I.FE:rIP:G OF JULY ?_1, 1969 ' r�GE 12 � proposed signaL>. Councilman Sa�uelson asked if there �aould be land- scaping bet�•re:en the north-south road and East � River Road . i,r . Schttlze said yes, they plan on landscaping. , � Mayor Kirkham a:�ksd if the material ir. the tanks was flammable. Mr. Schulze saicl y<:s. hiayor Kir.kham said that in thai case, they would have to be diked. M��. SchulZe agried and said that they had planned to do so. Councilman Samu�elson asked what is the anticipated investment. Mr. Schulze rEplieci that. there would be 200,�00 square feet, at $7.00 to $I0.00 per squ��re fo<:t , ��ulr.: ma'r,�. it ak,out a::2,OOU,ODU.00 project. MOTION by Counc.ilman Liebl to ad'opt the general concept as proposed and request detaile�3 p].ars, an� to grant•a'foundation permit. Seconded by Counci.lman Samu�elson. Upon a voice vote, al.l voting aye, t�ayor Kirkham declare� the motion casried. . 8. CODISIDFttATIQN OF A RF,�UEST FOR GENFFtAL CONCEP?' APPROVAL OF A 29� UNIT APF Ri [�FNT CONI°LEX TO B� LOGATED ON LOTS 1, 2, 3, 4, 5, AI�rJ 6, BI,OCK 2, Pi,t�RSO�?`S 1ST ADDITI0:1, AND PARCEL 8400, SOliTH '� Oc SE�T?O�I 3, T. 30, R. 2a, �NOK,.A COUNTX, MINr1ESOTA, THE S�PQE fiEIPIG 7805, 7£3�5� 7£345� 7855� 7875� 7895 EAST RIVER ROAD, FRInLEY, MIIQI�?ESOT.z1. (P.E U�T BY N.CRAIG JOH:�ISON, 4517 OXFO?�D AV�NtJE� MID]IvEAPOLTS; J�'llil\. ): The City Engineer expl.ained that the Building Stand.ards - Design C�rtrol had apn:ovcd L-he g�n2Yal concept, but had requested more deta�l, and pians sha��_ng the inclividual units. He suggested that the C�ty shoulc� acqt?i.re 12' alo�nq Fast Ftiver Road for a future turn? ng lane�. N,OTInN by Counc�ilma.n Sa�nuelson to concur u�ith the general conccp� �n�1 to reques� more de:tail_ecl pl.ans. Seconded by Councilraan Shexidan. Up�n � �troice vote, Samuelson, Sheridan, and Kiricnam vat:a.ng aye, Liebl a,�staining, b5aya?- Kirkham clecla-rE�c? the motion carried. ' . 9. CdNSIDF�.?�7'IOt3 OP' A R�7JE�T TO CONSTRUCT A CO.it�;ERCIAL BUI;,Dit7G O.T LOT 2, g_r,(�K ]_� rI_AGEL'S W007I�NDS ADDI�'ION, THE SAN�.E BF_�NG 9G0 OSEO,:.t�r P.nnD N.�. ,�FiZIL).LF`_%, i�fINidF.SOTE1. (REQUES7.'�BY FRIDLEY PUTO 30?�X; 604�. UNIVERSI�PS' r�VENOE N.E., FRIJ�LEY, NIIP?NESOT�1) : The Cit.y En��_Z.:�?^ explair.ed that this building t�rill go in nex': to the Tel.ephone b�:i.�.c�inr. T� ere ��ili be �rovided a 60' set�ack, also th�r..e i:s . enaua,h land �or� si�et•�a]J:s and park�.ng for their needs. He reconsiendeu ap- pr.oval with thE> cha.r:qe that the side�7a1_Y.� should be put in no�a. riOTION by Co�:ncil��lz�.n S2Jnuelson to concur with the Buildin, Board except for L-he ci:anc�e in the stipu]_ation regardinq sidewalks, and tha� the Council does noi: ��ant an �-�Leernent for fuLU.re siaewalYs, but that they should be put in now. Se>conded by Ceuncilman Liel�]_. Upon a voice vote, all voting � aye, hia,ro:c Kir?:ha:�� c�ecla�ed t.he n;otion carried. MO`PIO?� by Counr.ilr:��n Li_ebl i;o xece�ve the Minutes of the Fsuilding Standaro.s - D�si.gn Cont.r.oJ. Subco::anitte� tdeet.ing oL July lE�, 1969. Seconded by Council- man Sheridan. Upon •a voice vot:e, all voting uye, P4ayor KirkhGin c:eclared the motiorl car.r?.ec.. � , �.�_�. E�: , ,� _ _ RFGUI�AR COUNCIL MEETING O�' OCTOBER 6� 1969 �_ . PAGE 5 1� This w4uld cost the City about $3�000. The County is pzoceedi.ng on an �:mergency bas�.s � MOTION by Council.mar� Samualson to authorize the City Administr�tion �ot to �xceed $3,000 on an emeXc�ency ba�i.s, �or the insta�lati,on of a temporary S�,gna1 far Robert I. -u.�s Stevenson School and to e..ter �.nto an agreement w�.th �tta Coun�y and School if necessary. Seconded by �'ounci�.man Sheridan. Upon � vo�.�e� vote, a��- vot�.ng aye, Mayor Kirkham dec�.ared the rnotion carri�d, GQUnci].ma� Sbex�ic��n asked if any of the $3004 wou�d be recpverabl� on t�e permanenk i.nstallatio�:. The City �ngineer said that h� did not think so. Ths County dc�es �ot have any plans as yet. Councilman Shex�idan said that on T.H.�#65 both no�th and south o� �9th Avenue theze is a fJ.ashing amber ligh� war�ing of a�Gh�ol crossing ah�ad and wondered i.f this could not be included in this area a1so, as it i.s �.ocat�d an a curve• The City Engineer said �ha� he wotzld check thi.s out. He pointed out that both hand signals a�d £�ashing ��gnal� are i.�,legal and are used only on an em�xgency basis, �CESS : M�yo� Kirkham dec�ared a recess from 8:3Q to 8:54 P.M. � AP�ROVAT� OF REQUEST FOR BUILDING PERMIT FOR TWO BUILDINGS ON 79TH WAY AND EAST ,�_ �tIV�R ROAP: (F�VE SANpS, iNC. ) T ^1 I�. N, Craig Johnson sai.d �hat the Council has already a�p�oved the conCept (��` ��d the p�ans a�'e noW completed. Approv�l of the plans as to the �raffic has �..V. bsen x'��ivec] f�om th� Countg. E�e said that they are now ready to start the ' two northw�st bui�,dings, � Cou�c�l�an T�iebl asked if th,er� waS some sort o� an agreement reached with the p�Qperty ownsrs. Mr. Johnsa� said that the major conc�rn was traffic. Thexe wi�1 be one ope�i�g on 79th Way and theX have agreed to k�ave the ope�ing a� fa�' as possible �o the west. The peo�le wex'� �lsq concerne� about park�.�►g on 79tk� W�y �nd he said that there is th,ough� b��.ng given to putting up no paz�}cing signs on the south side of 79th Way, ther� no one in the complex would be park�.ng theXe. The people in the area were concerned abou� snow removal, with �h� cars pa�ked Qn tk�� stxee�. He said that he did not believe the people �ealized how far back the complex will be from 79th Way and wh�n thEq under- stood that it wo�tl.d be over �00 �eet from 79th Way they seemed pleased. There wi�,1 be X�,gh� turns o�� Ea�t Riv�r R�ad, but no lett turns onto East R,ive� Road, oth�x' thar� at the 7��h intersection. M7C. Jc�hnsqr� said tha� there wi7.1 be � rQad pard�7�e] to �ast R�.ver Road through the pxoject. The City Engineer showed the plans to the Council and sai,d that a1.1 left turns wi.11 be made at 79t1� Way wer� theze �s a si.gnal p�oposed. �'his w�.l�. be the only ex�t �or the �omp�.�x, H� said that there were a�ew changes a,n �.he com�alex since originally ].00ked at. There was originally a cover �rovided over the swimming pool, now 1� xs az� uncQVe�'ed ou�doo� ppq�. k�� said tha�. �h� �ity w4uld like to k��p the �camp�e�c of high qual�ty ar�d these facilities tend to. kee� rent higher and the builclings we11 main�ain�d, Thexe is also a need for some easements whiGh �hey have ag�'eed to providE. Gounci�.man S�muelson asked �.f the�e i,s platting done. The City Engin�ez sa�d �� d�s�r�.bed k�y metes and baunds now. to be a x'�g�.ste�ed �and survey or that it is a�.l undex one ownership and Counci-lman Samu�lson asked if �t wau].d �� _ . t � _: - S'�� i �� i ; i � ^ � REGULAR COUNCIL MEETING OF OCTOBFR 6, 1969 , PAGE 6 nc�t b� b��t�x if g�atted. Mr. Johnso� said that it �s torx�en� title now and th� c�eed �s ��.eaz, the tno�tgage company is satis�ied �vith the me�es and bounds ��e��ion, as it is undex ane owz�ezship. Cou�ci�man Sh�=�id��a� asked �n az�swe�' to the questi n raise�l by �he City �ngine�r, i� he mean� ta infer t,hat the quality �s not wh�.t the City has b�en s�x�.ving fo�. The City Engineer said that it is of averaqe quality, but of CQU�'�e l.acks the �iver fron�age like those located on East Rive.r Road, and the �ave�ed �ao�.. Gounc��man Sheridan said that he did not s�e that it would be unreasonai�]�e to ��qu�st a covered poal with this amount o� units. Mr. �aY�nson s�id �h�.s �s true, howevez, they h�ve tzied to p�:ovid� more liv�ng spac� xa�heX than the covering over �he poo�.. He said thnt they h�ve found tk�at F�'�P�� '�a��X �o �� use a pool that much, as much as they would other �a�il�.ta�s th�y have tried to make nicer. Thes� felt that zt would bz bettex t4 use �h� �ddit�.ona1 funds for additional ].iv'�ng space. There ar� tenil�.s �ou��s, pa�ty x�poms, p�ng pong, places tor children, znd a s�una. H� said �ha� �t was the#.r �eeling that a c4vered pool would look Uery nice, bu� would n4� ��.�.y bs u�ed �hat much. Th� City Engineer ��id that they have so m�ny p�h�x' �;�C�'��c�t�a�. �acilities, it s�ems that the �aool, sliould be Goveze�. �ptl�ic�.�.m��1 ��,��iaan saia tha� the Council �1o�s w�nt them �to he �om��titj,ve w1Ltk1 p�h�� commurt��ies. Mr. Johnson said th�t they will try ve�y ha�d to kee�? up �p da�� d tha� p�xhaps �n the �utur�, the �ool wz�.l be cov�red. Mayor Ka.rkham sa�.d tY�a�. he v�ould like to see �he pool covered, but woul� have to agzee w�th P�1�: ,��h�so�n �h�� he would not like �Go s�e any 4� the moxe �.mportant �acilities saGX�.�i�ced. MO�IAN by Council.man Sherida.x� to authQrzze the Aclmin�s�rati,o}� to gxant a k�u�.l�.�.ng p��►i.�. fox' the �irst twq buildings �o�' FiYe Sands. Znc , in �he vicini.�y o� 7gth Way and East River �,oad subj�ct tp easeme�ts x�equir.ed by the Ad.m�nis- ��at�. Secozide�, by Cquncilman Samuelsor�. Upqn a voice voter a11 voting aye, Ma,yca�' K�-�'kh�m tieclared the motion Garried. • R.��EZVTNG TH� MTNUTFS OF THE PARKS AND RECREATION MEFTING OF SEPTEMBEFt 2?., 1�69: MQ�'TQN by Gounc�.�.m�n� �iebl �o receive the Min�t��S qf �Y3e Parks and Recreation �pm�t►a.�sian Me��a,ng o� Septe�nbe� 22, 196�. S�cQnd�d by Council,man Samuelsan. U�px� �, vo�ce Vc�e, a�l voting .aye,• Mayor K�.�kham declared the motion carxiec�. MQ'�ZOIV bX �ounc�.�.man Sheridan to �.nstruct th� Adminis�ratian to prepare a Cexti�'i�a�� of A��reciat�.on for R�.chard M, Donlin. Seconded by Councilman &amueison, U�on a voice vote, all, vo�i�ig aXe, ��Xor Kizkham declared the mot�.on ca��ri.ed. . The �i�ky A�toxney point�d ou� tha#� t�re �ommi$siqn is �g�in reques�ing �,n prda.n�n�e change p�'ohibiting tkle t��e of moto�i��d veh�.cl,es in t�e park are�s� �nd �sked �us� wha� they mzar�t, The City Manag�x believed that what was mQ�r�� t,�a� �1� peh�.cles, except with�.n ps�sted �reas. The City Attorney said tha� he would dzaw on� up. . r,,,, COUnvilman I,�.ebJ. pointed qut th�.� there was some discussion concerning having � iep�'esen�a��v� �zam the Student Counci�. attend the Gommi$sion Meeti,ngs. He �taid that hs und��stoQd that triis w�s bei�g done in B7.00rnington sucessfully. M�yo� Ka.x�kham agr�;ed that �.t was an a,t��n to conyi�ler, but th�t he was not� xeady tQ aG�. Gpur�cilman Samuelson ayzeed with the Mayor and poi�ted out th�� he City i� cc�mpris�d o� �our schoo]. ��strie�s. 0 � �, i � . ��, . . . � ^ CYTI' C? F:: ± ��L,i:Y �Ii�iti`��SOiA �'2�:�iv;`3aiv"G �.N� ZJ.4;NC FO:.,�i Fa�:.�: zoA �70-06 / �� \ � � / � f� �':�,�Cs''��'i `a u�G;�3f�' L.�.;: //=, c�-c:_--- r' Sid Bader ..��, ��=� 3005_Otta��1_a Avenue So. St. Louis Park, Minn. ^tEP�p?�o:.� i�r-......-,'�vr 927-4251 -- r , P:.OLL::L�I C::�" ��5 .c.::Gi�::'�i�J::i. ��''a,,'"' �� L�itv -�--------t -�--'��' r--- � Edwin E. Lyw�c�C� Ac��co�___)6_19 ..unty Rd. H-2 icl�p�z�:�e R�,��e� � 15 � � I'�QV"ST �� P.caonin3 S7IIC�III U�C: PQi�1�t � Voriance I,oC S�liCa An�rov.:l ow a'rQ- lf;�fnc�sey Piui Approval of ,�nai Ylat �. �� _____�,Str�et:, or ,�11.c°�--... Vacr.iC i�r'aa OtMer St�ece Ircwt�oa a� �cd;,�� y _ 16_1_9__73rd Avenue N. E. Ci ty of Fri dl ey � , T,e��I i��uCli��fo:� o� :��o�e�cr�r Lot 4, Audi tor's Subdi vi si on Number 108 S u tFier y ^ Property requ°st :�or rezoni ng i s the E�as-�e-��y 301 Feet of sai d Lot. P.cacn2 �c. �iz� C�.; :��ff��c�ric� . . ��w � Exist�r�� U�: o� t�� ;:o;�e�� Vacant . --.----._._--�, P�o;�o�ec� Lc�i�v C�a��.€sc��:son. 5;�c�fa1 U�e. Vsr��cce a-:.other rec�ue�t R3 To build one apartr�ent buildi�g wi.th. 24 t�to-bedroom units. Deae�f�e ��:.e�ly 2i�e �j�� oz U:,� €c�l zi-ce Y��.ov�,.��t �c��oc�d �crca �� c�d �-c�;�e� �� A 1 i ttl e over one acre . .�,.�.v.�...,� �i4a t"r.•� i::c��^�� F;.;��33�c�•�:� �';cvioz;.l;� ��at �o :e�� yo, �'lat� C�?�t��n 4 Lo� S�Ift, 4�2a2� n V;.� ��: �e o: ;�c��v;, �7�e F::�� 2 on ti�_ SuS,�,oct ��te ox i'A�t off xt? No _._____ . ,� ,�____,�_�___ t��:�?_ - �"nWt �aa �e;uc3�cc FoQ Enclo�ed ,540 00 � ` Receip t No . 54�'7"'"'—" : �� iac,_ n�r. ? 1970 B4ee o� }3��zia� ^ z0A ��70-06: Sid Bader, Southerly 301 ft. 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M �I ,�, .--� � ss A "b � i� � �� r� � � � � �. � � S _ a � a- . ^ S � . W c P1AIN S'1'JtEl:T �O ' --i-- - - Cf � � � � � � �° � UV � ' Vj ' S., � , � -� ' I i � � � Y r----�-�-,.,; ... i � � l ly� "_:> � � � � � , .-� q% � � � � � , L___�� ___ ,�O � SP �r`70-02: Alvin A. Nitschlce 2� � 7 . _ --- ---__ : s � - �; � � � I,,'.�1��_° � � i � � � � � � � _; ,� _ '� n _` � � . ti � ;J � .,l � �; e- �, i�:. . � . : � / /_. ; ,; -�,s. � _ � .2� . ; ��, lt'�� .`; "� `°� Alvin A. Nitschlce SP ��70-12 f-'='" Outlot l, Rice Creek Plaza South and ` �: �; I �!';r��!`':� r�� Lot 32, Bl. 4, Lowell Add. together � '� ��,��-'- , ;° with vacated street. Sec. 45.19 (2A) � 'w ti'% � _''' Fridley City Code. ,� � E� i:: .� :r 1��! - .,.r �9 i „�. � � /� � � \� �� f<'3 I , � �� ,�! '".� Z.'p.� . �� V ��/' � .� � }.o ' �� .' :r." [ ' /��'v� ` Y d',•� 4�" � ' o :1�. 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MEMBERS PRESENT: Harris, White, Gnerre MEMBERS ABSENT: Tonco, Hart OTHERS PRESENT: Hank Muhich-Chiel Building Inspector MOTION by Gnerre to approve the minutes of the September 28, 1970 meeting as written. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A RE UEST TO CONSTRUCT AN OFFICE BUILDII3G TO BE LOCATED ON THE WEST 115� OF LOT 11 AUDITOR'S SUBDIVISION 89 THE SAME BEING 7091 HIGHWAY �k65, FRIDLEY, MINNESOTA (REQUEST BY D. W. HARSTAD CO., 7101 HIGHWAY 4�65, MINNEAPOI.IS, MINNESOTA, Mr. Don Harstad and Mr. Dick Johnson were present to present the request. Mr. Johnson explained that they had been granted a variance from the Board of Appeals for a 5' less setback in the front and back and to have parking in the front of the building which conforms to the other buildings in the area. This was necessary because a service roac] had taken 30' of the lot and, therefore, it did not meet the lot depth requirement. The building will be used as a rental office building. � The building will be 25' X L00'. It will be a story and a half. The building will have forced air heat and the ceiling will be of acoustical tile. ^ The building will be masonry construction with brick on both ends and on the front. The back of the building will be painted block. The roof will be of asphalt and gravel. There will also be a metal type open canopy around the entry way. The back of the building will all be planted giving a park-like appearance. Rip-rap wi11 be used along the creek to prevent eroding aud also keep up the appearance of the creek. There will also be planting along each end of the building. It had also been suggested that they put a planter in the middle of the parking lot and Mr. Johnson stated that they would like to eliminate this if possible because it made it very difficult for snow plowing. Mr. Harstad also stated that they are hard to keep up and tend to be neglected. After much discussion it was decided by the Board to leave the decision up to the builder whether or not to put in this planter. Mr. Johnson also stated that they had access to all utilities. The drainage had been shown using a spillway draining towards the creek; however, after the survey had been taken it showed that this property belonged to the people behind their property. The Board stated that the drainage would have to be worked out with the Engineering Department as it would not be possible to put the spillway on someone else's property. MOTION by Gnerre to recommend approval of the plans including the changes marked in red, the following stipulations, and leaving the question of the �� r�� Building Standards-Desi n Control Meetin of November 5 1970 Pa e 2 planter up to the builder. ^ 1. That before the issuance of a building permit complete plans have to be submitted to the Building Inspection Department. 2. That concrete curbing be provided around all blacktopped areas and a minimum 10 foot radius around islands and entries wherever possible. 3. The back wall of the building will be painted block. 4. Put rip-rap on the creek bank and clean up the creek area. 5, Put guard posts at the end of the blacktop. 6. Drainage to be worked out with the Engineering Department. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A RE UEST TO CONSTRUCT A WAREHOUSE FURNITURE OUTLET TO BE LOCATED ON LOTS 2 3 4 AND 5 BLOCK 1 GREAT NORTHERN INDUSTRIAL CENTER THE SAME BEING 5353 EAST RIVER ROAD. FRIDLEY, MINNESOTA. (REQUEST BY THE WICKES CORPORATION 515 N. WASHINGTON SAGINAW MICHIGAN.� Mr. Paul England, Mr. Jack Rynd, and Mr. Bloomberg were present to present the request. ^ This building will be the headquarters for the furniture retailing group of the Wickes Corporation. They will employ approximately 100 people. The building will be in two sections, the warehouse area and the sales area. The entrance to the building will be through the warehouse into the sales area . The building will be 138,000 square feet. The building will be constructed of Behlen, a 16-18 gauge metal. It will be an off-white color with bronze panels set-in and accented with brick columns. The roof will be white. A wood frame pyramid structure will be over the entrance. A liner will be used on the inside walis in thr office area and perhaps 8-LO' high on the warehouse walls. A suspended �eiling will be used in the sales area. There will be two signs on the building which will have lighting behind them and there will be Lighting all around the building. There will also be lighting in the parking area. A complete landscaping plan was not submitted. However, the area facing I n terstate #694 will all be sodded. The area marked on the plan as future parking will also be landscaped at this time. I f i t i s n e e d e d f o r p a r k i n g in the future, it will be blackt�pped. The Board questioned if there would be trucks parked outside and how that parking lot would be separated from the public parking lot. It was stated that the truck parking lot will be about 32 to 48" lower in elevation. After some further discussion, it was decided that a small decorative /, fence would be put up to help distinguish between the two parking lots and also for screening purposes. MOTION by Gnerre to recom�►e�fdaafoundation permit�only upon the�submission building and the granting . �� Building Standards-Design Conr_r��l Meeting of November S, 1970 Page 3 of complete structural plans and the permit to terminate at grade level and ,� go no further until a complete set of building plans including mechanical and electrical is given to the Building Inspection Department. This permit will also include the following stipulations. � � 1. A complete plot plan be submitted to the Board for their approval. 2. Provide a minimum 10 foot radius on all concrete curbing around islands and entries wherever po�sible. 3. A small decorative fence put up between the two parking lots to separate them and for screening purposes. Seconded by White. Upon a voice vote, a11 voting aye, the motion carried unanimously. ADJOURNMENT : The meeting was adjourned by Chairman Harris at 10:20 P.M. Respectfully submitted, ��- 2�� . �. `__;. �, �.�_��..,�... � CAROL CHUDEK Secretary 0