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PL 04/09/1975 - 7509� � � PLANNING COMMISSION MEETING CAL� TO ORDER: ROLL CALL: CITY QF FRIOLEY A G E N D A APRIL 9, 1975 APPROVE PLANNING COMMISSION MINUTES: MARCH 12, 1975 APPROVE PLANNING COMMISSION MINUTES: MARCH 19, 1975 RECEIVE BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MARCH 6, 1975 RFCETVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: MARCH 11, 1975 RECEIVE CITIZEN BIKEWAY COM�IITTEE MINUTES: FEBRUARY 26, 1975 RECEIVE CITIZEN BIKEWAY COMMITTEE MINUTES: MARChI 5, 1975 RECEIVE f NVIRONMENTAL QUALITY COMMISSION MINUTES: MARCH 18, 1975 RECEIVE PARKS & RECREATION COMMISSION SUBCOMMITTEE MINUTES: MARCH 24, 1975 RECEIVE BUILDI°;G STANDARDS-DESIGN CONTROL SUBCOMMITTEE MINUTES: MARCH 20, 1975 � 8:00 P.M. PAGES 1-4 5 6-9 14 - 16 17 - 21 22 - 28. , 29-32 ' 33 = 34 35 - 37 RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINUTES: APRIL 1, 1975 38 - 40 �. �PUBLIC HEARING: REZONING REQUEST, ZOA #75-02, BY WYMAN SMITH, 41 _ 56 ATTORNEY FOR RICNARD POVLITZKE AND THE FRIDLEY FRONTIER CLUB: To rezone from C=1 local business areas to C-2 general business areas), Lot l, Block 1, Walnut Addition, to bring the exis�ing use of the property into a uses permitted category of the Ciiy Zoning Code, the same being 7365 Central Avenue N.E. 2, PUQLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #75-02, BY WYMAN SMITH, ATTORNEY FOR W. R. STEPHENS, JR.: To permit �7 - 64 the sale of new and used cars, per Fridley City Code, Section `205.101, (3, B) and (3,"G) in a C-2S zone (�;e;�eral shopping areas), to be located �n Lot 1, Block 1, Pearson's Second Addition, the same being 7701 East River Road N.E. 3. VACATION REQUEST: SAV #75-01, NORTH�SUBURBAN HOSPITAL DIS- TRIC�': To vacate all that part of 76th Avenue N.E. located in Osborne Manor 2nd Addition lying East of the East line of 5th Street N.E. to be used for parking and planning purposes. ,_ 4. SET DATE FOR SPECIAL WQRKSHOP MEETING ADJOURNMENT: '. . �„ ___ 65 - 70 � �� 0 City of Fridley PLANNING COMMISSION MEETING - MARCH 12, 1975 PAGE 1 � CALL TO ORDER: Chairman Harris called the meet�ng to order at.7:38 P.M. ROLL CALL: Members Present: Harris, Lindblad, Drigans, Langenfeld Members Absent: Blair Uthers Present: Jerrold Boardman, Planning Assistant APPROVE PLNNNING COMMISSION MINUTES: FEBRUARY 19, 1975 MOTION by Drigans, seconded b� Lindblad, that the Planning Commission approve the minutes of their meeting of February 19, 19;% as written. Upon a voice vote, aI1 voting aye, the motion carried unanimously. RECEIVE ENVIRONMENTAL QUALITY COMMI55ION MINUTES: JANUARY 21, 1975 MOTION by Dric��ans, seconded by Lindb.Zad, that the PZanning Commission receive the minutes of the Environmental Quality Commission meeting of January 2:Z, 1975. Upon a voice vote, a11 voting aye, the motion carried unanimously. ^ Mr. Drigans asked Mr. Langenfeld what t•�?e H�yworth,& Anderson consultant study was? Mr. Langenfeld said the best way to describe it was that its a report in which it handled the Minnesota State Environmental Policy Act with special emphasis on impact statements, and the primary objective is to decentralize the majority of local problems from the State Planning Agency to the community itself. Mr. Drigans said there was a statement in these minutes that LeeAnn Sporre had proposed to the Minnesota Environmental Quality Council using Fridley as a model pilot project. Ne asked Mr. Langenfeld if that was true. Mr. Langenfeld said it was, and that eventually the communities will have to establish their own Environmental Ordinances, now or later. He said that we hope to be the model city in which the ordinance would be estab1ished and Fridley would have what would be the primary ordinance and this would be use� by other cities as a model for their ordinances, throughout the state. Mr. Boardman said the staff had met with members of the State Planning Agency and we had discussed with them this decentrafization and it rias going to be a State policy that cities set up these ordinances. How the policies are set up, and how we go about doing this has not been determined. We told the State Planning Agency that we were nat going to take any action on this until we had a resolution from the City Council designating that this would be a pilot project. Mr. Drigans said his point was how this came about without a City Council resolution. Mr. Boardman said he couldn't answer that, bu.t thai LeeAnn Sporre had made the statement befiare the Environmental Quality Council, under the auspices of the Mayor, that Fridley � would like to be the pilot project. He continued that before we go any further on this, �, we would have to have a resolution from the Council. He said it wiTT be six months before the State has estab�ished procedures, and the communities will have 120 days after that, so we are talking about something in the early fal1. � � Planning Commission Meetinq - March 12, 1975 Paqe Z Mr. Urigans said this proposal did not come through the Planning Commission, ' and he hadn't read in any minutes he had received that it had gone through:the Louncil, and Mr. Boardman said LeeAnn Sporre was before the Environmental Quality Council under the auspices of the ma�or. He said this had been mentioned at the very end of a - City Council meeting. � Mr, Drigans asked Mr. Langenfeld if he or the other members of the Environmental Quality Commission knew that Mrs. Sporre was before the Environmental Quality Council representin.g them as a Commission. Mr. Langenfeld said no. Mr. Boardman said that people from.the State Planning Agency will be attending the March 18th meeting of the Fridley Envit�onmental Quality Commission to discuss what has to be done for Fridley to be the pilot project. Mr. Drigans said he felt that Mrs. Sporre had the cart before the horse. Mr. Boardman said the City had quite firm control of this, naw. Mr. Langenfeld said that if Fridley was approved as the model pilot:project, we could stand to save a great deal of money as far as hiring a consultant to establish these policies. If the state was involved, we couldn't probably defray most of the costs. Mr. Boardman said it was not necessarily as simple as that. What was discussed was that the State would establish the policies and send them down to us for our review. It would take a considerable amount of time for the staff to go through these policies and see how they would fit into Fridley and try to work out some type af compromise and work with the State of Minnesota to set up some type of pilot plan that could be used by other communities in the state. Mr. Langenfeld said it could be that we wouTd not have enough environmental problems in Fridley to qualify for a pilot project. Mr. Boardman said he also recommended this be worked into the Planning Commission before it goes back to the State so that we could get some Planning Commission input '�oo. .It will take more than pracedures. We are going to have to set up procedures to carry us through until we come up with an.�environmental plan. If'we have just a set of procedures without any plan or knowing which way We want to go, we will just have a set of procedures to use on a project by project basis, and he didn't think that was the way anyone would want it to be. Mr. Langenfeld said the Environmental Quality Commission would like to see Fridley be the model pilot project, subject to.the approval of the various bodies. Mr. Drigans said his concern was that�an individual represented the Environmental Quality Commission at a Minnesota State meeting without any type of approval from the EQC or the Fridley City Council. RECEIVE ENVIRONMENTAL QUALITY COMMISSION MINUTES• FEBRUARY 18, 1975 ° MOTION by Lindblad, seconded by Driqans, that the Planning Commission receive . the minutes of the Environmental Quality Commi�sion for their meeting of February �8, 1975. Upon a voice vote, aZ1 voting aye, the motion carried unanimously, Mr..Drigans asked who Mr. Bloomquist was who atter►ded this meeting, and what he ,,,� meant by saying that having the Chairman of the E�C on the Planning Commission Wasone step forward. Mr. Langenfeld said that Mr. Bloomquist was from Nationai Biocentrics and he meant that by having representation on the Planning Commission, the Commission was aware of what planned progress there was in Fridley. Mr. Harris asked Mr. Langenfeld who were National Biocentrics and what did they have to do with the FEQC? Planning Commission Meetin - March 12, 1975 Paqe 3 Mr. Langenfeld said that National Biocentrics were at the meeting merely as � a guest, but by the same token, they work with many communities in regard to environmental problems, or other type of problems. Their representative was there to see what progress had been made in regard to FridJey being a model pilot project. He did offer his he1p, if we sought to seek his advise. Mr. Boardman said he had had a meeting with Mr. Bloomquist of National Biocentrics and they are a consulting fi.rm. They want to be involved in the model pilot project almost gratuitously, as to their time and effort, so they can say they ha�ve done something in this field. Mr. Harris said that Mr. �loomquist had something to say about the armory, zoning, and comprehensive plans: Mr. Langenfeld said that one of the things that should be considered would be if Fridley decided to go their own route as far�as developing this ordinance, Mr. �loomquist said that one of the guidelines would be the comprehensive plan and the zoning ordinance, and the environmental. ordinance could be made part of these. Mr. Harris said he didn't understand that from the minutes. RECEIVE PARKS & RECREATION COMMISSION SUBCONiMITTEE MINUTES: FEBRUARY 24, 1975 MOTION by LindbZad, seconded by Dr.igans, that the PZanning Commission receive the minutes of the Parks & Recreation Commission Subcommittee meeting of February 2 4, 1975. Upon a voice vote, aI1 voting aye, the motion carried unanimously. RECEIVE BOARD OF APPEALS SUBCOMMITTEE MINt7TES: FEBRUARY 25, 1975 � MO'lION by Drigans, seconded by L.indblad, that the Planning Commission receive the Board of Appeals Subcommittee minutes of the Februar� 25, 1975 meeting. Upon a voice vote, a11 voting aye, the motion carried unanimously. �. CONTINUED: PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #74-17, BY GEORGE WALQUIST: To permit the construction of a building for rust-proofing of automobiles, etc., per Fridley City Code, Section 205.131, (A,10), in an M-1 zone (light industrial areas) to be located on Lot 5, of proposed plat, Herwal Rice Creek Terrace, the same being 1271 Rice Creek Road N.E. Publ i:, Hearing open. Chairman Harris said that there was a letter in our agenda from the City to Mr. George Walquist explaining that this item had been on our agenda for some time, and that the petitioner would either have to appear at this meeting or we �+ould consider the petition withdrawn. Mr. Walquist called Mr. Clark on March 3, 1975 and withdrew the petition. MOTION by Lindblad, seconded by Drigans, that the Planning Commission close the Public Hearing on the request for a Special Use Permit, 5P #74-17, by George Walquist. Upon a voice vote, a.Z1 voting aye, the motion carried unanimously. � MOTION by Drigans, seconded by LindbZad, that the Planning Corrunissiori consider that the request for a Special Use Permit, SP #74-17, by George Walquist, to permit /""\ the construction of a building for rust-proofing of automobiles, etc., per Fridley City Code, Section 205.131, (A, 10), in an M-.I zone (light industrial areas) to be located on Lot 5, of proposed p1at, Herwal Rice Creek Terrace, the same being 1271 Rice Creek Road N.E., is withdrawn at the petitioners request. Upon a voice vote, a11 voting aye, the motion carried unanimously. m . Planninq Commission Meetinq - March 12, 1975 Paqe 4 �. 2. GENERAL DISCUSSION Chairman Harris said he had talked to the Council at their last meeting and asked what direction they wanted the Planning Commissiorr to take. He was told they should continue in the planning process and continue to work on the City Code. They said they wanted us to look at the billboard ordinance also,�along with our housekeeping chores. Mr. Harris said he told,the Council we were hampered somewhat because we were. short,of staff, and we felt that Jerry Boardman needed a hand on some of these things. He said several proposals were put forward and he thought the City Attorney had a good suggestion. He said we could hire a graduate student from the University, either in Planning or Law, and he could be hired on an`hourly basis. He would be under the direction of Jerry Boardman and he could possibly do a lot of the paper work. Mr. Boardman said he did have $4,000 in his ,�adget for some type of temporary help. He said they were looking into the intern program. Ne said what he was looking for was someone who could do project work. He said he had had a graduate student last year, and he worked 20 hours a week durin�g the school year and 40 hours a week during the summer, and this cost less than the $4,000. It had worked out very well. Mr. Harris said the second thing he discussed with Gouncil was to urge them to fill the empty chair on the Planning Commission. Mr. Boardman said there would be two chairs to fill, because Donald Blair,. Chairman of the Parks & Recreation Commission ^ has stated that he did not want to be reappointed and his term was up the lst of April. Chairman Harris said he thought it was important to have a Vice Chairman of the Planning Commission, but this should probably wait until they were a fu11 Commission. Mr. Drigans ask�d if there had been a list made of the priorities. Mr. Boardman said he had made up a list of priorities which would be given to the Planning Cammission, but he felt that housing was the first priority, because without that, there would be. no chance of getting funding for any other programs. He said he hoped this would be ready before next year's funding pragram. Mr. Harris said this would be a big project. Mr. Lindblad asked if Mr. Boardman knew what progress was being made on the Camden Bridge, and a new bridge in the vacinity of 85th.� He asked if they were still studying this area? Mr. Boardman said the North Corridor Study was complete and it was their recommendation that a bridge should be in this location, but it was not even on the highway rolls yet and tf�ey had their plans through 1980. Mr. Harris said that if this bridge was going to be completed before the turn of the century, we will have to push our legislators. MOTION by Lindblad, seconded by Driqans, that the Planning Commission adjourn their meeting of March_.12, 1975. Upon a voice vote; aIl voting aye, Chairman Harris adjourned the meeting at 8:40 P.M. An informal workshop meeting foll�wed the regular meeting. � Respectfully submitted, �-�� .��G��t/ ? Dorothy Evenso ecretary � ; � � f � ^ � /"\ CITY UF FRIDLEY PLANNING COMMISSION MEETING MARCH 19, 1975 PAGE 1 � L�ALL TO ORDER: . Chairman Harris called the meeting to order at 7:45 P.M. ROLL CALL: . Members Present: Harris, Drigans, Lindblad, Langenfeld Members Absent: Blair Others Present: Darrel Clark, Community Development Administrator There was no old business or new business for this meeting. Chairman Harris, with the concurrence of the other members of the Planning Cominission, asked that a letter of appreciation be written to Donald B1air, Chairman of the Parks & Recreation Commission, for hTS years of service to the Planning Commission. � There was a discussion on the praposed State legislation on comprehensive planning and Metropolitan Council control. MOTION by Lindblad, seconded by Drigans, that the Planning Commission adjourn the regular meeting of the Planning Commission of March Z9, 1975, and begin their informaZ workshop meeting. Upon a voice vote, a11 voting aye, Ch�irinan Harris adjourned the meeting at 8:05 P.M. ectfully bm�tted, DarreT Clark Community Development Administrator . • . • 7�It'� .. � � BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MCETING OF MARCH 6, 1975 Chairma.n Lindblad called the meeting to order at 8:00 P.M. T�MBERS PRESINT: Lindblad, Simoneau, Tonco, Seeger O�RS PRESENT: Jerry Boardman, Planning Assistant MOTION, by Tonco, seconded by Simoneau, to approve the minutes of the January 23, 1975 meetin� as written. UPON A VOICE V01�, all voting aye, the motion carried wzanimously. Mr. Lindblad read aloud the letter from T�r. Donald Nelson stating his reasons for resigning from the Building Standards-Design Control Subcommittee, a discussion followed. MOTION, by Simoneau, seconded by Tonco, to receive the resignation of Mr. Donald Nelson. UPON A VOICE VOTE, all voting aye, the motion carried Lm.animously. 1. C�VSIDERATION OF A REQUEST Ft�R ROOF SYSTEM ADDITION TO 'II-iE RIVERSIDE CAR WASH: LOCATED ON TRACT D, R.L.S. 19. THE SAME JJLIIVV . VJ�+V L.rwl 1\i VLl\ i�v[-u� a • � + � - �=---Y-------- BY ROBERT SCFILEETER OF 6520 EAST RIVER ROAD, FRIDLEY, r4INNESOTA.) MOTION, by Simoneau, seconded by Tonco, to table the request for roof system addition to the Riverside Car Wash because of failure of the applicant to appear before the Board. UPON A VOICE VOTE, all voting aye, ihe rnotion carried Lmanimously. 2, CONSIDERATI�N OF A • 1 �•�.��.• FOR PROPERTY IMPRO�VT. LOCATED � L • Mr. Richard Mochinski represented the V.F.W. in their request. Mr. Mochinski presented plans showing the new property improvements. He stated the need for improvements were necessary to bring the present build- ing up to code. Mr. Mochinski stated the new improvements involved the site plan and the off street parking. He stated the need for eliminating present illegal parking, with the use of landscaping and constructing sidewalks in this area. Mr. Mochinski stated the present parking areas only accommodated 58 cars. Because of the need for more parking facilities, letters of agreement have been acquired to bring the parking spaces up to 144. Mr. Boardman stated that curbing would be put down the existing property line. This area would be one of the variances going to the Board o£ Appeals. Mr. Tonco asked about the use of poured concrete curbing. Mr. Boardman pointed /� out the areas where poured concrete would be used; south property line. , t4r. Boardman, also, stated they would agree to do the landscaping up to the lumber yard building. : Mr. Mochinski discussed the improvements of the exterior of the building and thaC they would consist of a brick wall type siding with exposed � � BUILDING STANDARDS-DESIGl�1 CONTROL St1BCON�IITTEE MEETING OF MARCH 6, 1975 Pg. 2 � � aggregate panels. A.t present the buildings are individual shops. 67ith the improvements there will be no need for the individual entrances. The doors would be turned into windows and brick panels will be used. Mr. Tonco asked if the building would be painted. Mr. Mochinski stated that the back entrance was the entrance to their lounge and that this would carry the same exterior design as the front of the building. Mr. Boardman asked about the signs used on the building and whether a roof sign would remain. There are two signs at present on the building. P4r. Mochinski stated the V.F.W. would like to have the painted sign removed. The lighted sign on the roof of the building that is exposed to Highway 65, the members of the V.F.W. would like to have it remain. Mr. Boardman stated he would prefer to have a free standing sign instead of the roof sign. He felt that the existing sign would be a detriment to the build- ing design. Mr. Mochinski said that t�e request would be considered by the V.F.W. Mr. Tonco asked about the refuse area. Mr. Mochinski stated there was a screened in area in the parking lot for refuse. ^ Mr. Lindblad asked about the lighting in the parking lot. Mr. Mochinski stated there was a sufficient amount of lighting already in the parking 1ot and near the building. Mr. Simoneau discussed the need for a landscaping plan. Mr. Lindblad stated he would like to see a landscaping plan written up before going to Council. Mr. Tonco asked if there were any air conditioning units on the roof. Mr. Mochinski stated there were existing units and that they would be screened in accordance to code. Mr. Boardman asked if the existing trash burner would be removed. Mr. Mothinski stated that it would. MOTION, by Tonco, seconded by Simoneau, to approve the plan with the following stipulations: 1. A landscaping plan be received before going to Coimcil. 2. All air-conditioning �its must be screened in on the roof. 3. A screened in area be �rovided for refuse. �, 4. That any si,�,m on the roof would be an integral part of the building desigr�. �• BUILDING STANDARDS-DESIGN C(�ITROL SiJBC(��IITTEE MEETING OF MARQ-I 6, 1975 i�g. 3 � UPON A VOICE VOTE, all voting aye, the motion carried tmanimously. _ 3, CONSIDERATION OF A REQUEST TO CONSTRUCT A NEW BUILDING TO BE � USED �S A i�1AREiiOUSE : LOCATT D ON LOTS 1- 5 BLOCK 2, ON�IWAY ADDITION: 'II-1E S.41�'� BEING 7880 ELM STTtEET N.E., FRInLEY, MINN. T ACO I� 0 R CON C , INC , I 00 , �.�. . — - — — � —t_�—r—._ � _ �. ' � � rs..��._� . G Mr. Edson was present for the request. Mr. Edson presented plans to the Board. Mr. Boardman presented a map showing the location of the building. Mr. Boardman stated that this building requires 7 variances and that they will have to go to the Board of Appeals before the plans can be approved. � Mr. Boardman stated because of the variances on the building the landscaping and parking lot layout could change. He suggested that the Board approve the plans for foundation to grade upon the Board of Appeals recommendation and then review the landscaping after the Board of Appeals meeting. This could save the developer up to three weeks time. ^ Mr. Baardman discussed with the Board and Mr. Edson the variances involved on the proposed plan. Mr. Lindblad discussed a landscaping plan. Red Maple, Green Ash, and Flowering Crab trees will be used as marked on the plans. Mr. Lindblad discussed the bumper used in the front of the building. He stated he would like the curbing 5 foot from the building with crushed rock in between. Mr. Simoneau asked about the exterior construction of the building. Ntr. Edson stated it was block masonry. Building will be painted dark brown. MOTION, by Simoneau, seconded by Tonco, to recommend approval of the plans as ma.rked in red to Cotmcil if tiz.is plan is approved by the Board of Appeals. If the Board of Appeals does not approve the 7 variances, the Building Standards Committee recorrnnends that the permit be granted for the fotmdation to �rade only according to the specifications of the Board of Appeals and the landscaping would ha.ve to be reviewed again by the Building Standa.rds-nesign Control Suhcommittee. The following stipulations for the approved plan are: ^ 1. The bumper in front of the building should be permanent curbing placed at a sufficient distance to keep the cars from hitting the building. 2. Pern�anent curb stops are to be used in the back of the building. ; _ . � . BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITI'EE MEETING OF MARQ-i 6, 1975 Pg. 4 � 3. �l].1 refuse should be in a screened in area of the parking lot. 4. Notations in red on the approved plan be incorporated in the development. UPON A VOICE VOTE, all voting aye, the motion carried tmanimously. Chairman Lindblad adjourned the meeting at 9:30 P.M. Respectfully submitted, . , aS.� � Arlene L. Smith Secretary �. . � l'� Page 2 The Minutes of the Board of A eals Subcommittee Meetin of March 11 1975 �� I Chaizman Drigans asked how this parking problem occurred. Mr. Mattson stated this shopping center started out as a small operation and the large number of parking ^ spaces was not required. A member of the U.F.W. from the audience stated that this building was constructed in 1964 and the overflow parking has always used the Standard and Lampert properties. He said the V.F.W. is used 100 percent on evenings and weekends and the lumber yard is closed on weekends. Mr. Crowder asked if the V.F.W. will eventually take over the whole building. Mr. Mochinski said there are other businesses in the building with leases, but when these leases run out, the V.F.��, will have the opportunity to take over the space. Mr. Crowder noted the parking requirement is for the 12,730 square feet of floor area, and he wondered if more parking will be required when additional square footage is acquired. Mr. Mochinski said.additional parking would depend on what the additional space would be used for as it could all be used for storage. Mr. Cr�wder asked if there was any basement under this property and he was informed there was none. Mr. Plemel asked if there was any provision i:lde for Lampert to blacktop there parking area as it is gravel. Mr. Mochinski said there was not, but added that they would stripe the 5tandard Oil parking in the back. Chairman Drigans asked how many ,parking spaces were on each of the properties. Mr. Mochinski said there would be 63 on Lampert Lumber, 23 on Standard 0i1, and 58 on the V.F.ta. property. Chairman Drigans asked who owned the property to the:west of the V.F.W. Mr. � Gordon Swenson, who was in the audience, stated he owned the property to the west. Mr. Swenson added he had no objections to the variances as he felt the V.F.W. needed all the parking they could get. Mr. Swenson stated the City made him install a 5 foot strip of grass along his property, but because of the driveway • along this property line, it has been torn up by the"people parking for the V.F.W. and he felt a barrier between the two properties shou2d be installed. Mr. Mochinski said a eoncrete curb should be sufficient and Mr. Swenson added it would have to be 8 to 10 inches high. 0 Chairman Drigans asked if by installing the eurbing, would drainage problems be created.. Mr. Mochinski said that in spending that much money to install the curbing, they would install it so there would be no drainage problems. Mr. Plemel said the driveway goinq to the back is awful narrow for cars to be meeting on. He asked if the driveway could be made a one-way or if the driveway could be blocked and have the traffic enter through the lumber yard property to get to ttie back entrance of;the V.F.W. Mr. Mochinski stated to block the driveway would then block their back yard from access from their own property. He added they have no problem with the driveway now as there are bumper strips installed to slow the traffic down. Mr. Crowder stated the variance for parking in the front yard is being done now but will be done less with this landscaping and parking plan. He sasd this varianae will improve the parking situation. He added that on the variance for off-street parking in the back yard, the present parking is now up to the lot line, so the variance will actually be backinq the parking off the line by 2� feet. He said the variances for the driveway pavement to be up to the lot line and up to the building are eurrently existing. ' , _ ,,,...;� .. Page 3 The Minutes of the Board of Appeals Subcommittee Meetin of March 11, 1975 a_ "-� Mr. Mochinski said the major improvement is in the front yard with installing the landscaping and eliminating some of the signs. � Chairman Drigans asked if the Board could see copies of the letters from Lampert Lumber and Standard Oil on the parking agreement. Mr. Mochinski stated he had only the lst draft of the letters which he showed to the Board. MOTION by Gabel, seconded by Crowder, to receive the parking agreement letters from Standard Oil and Lampert Lumber. Upon a voice vote, there being no nays, the motion carried. Mrs. Wahlberg asked if these agreements would be void if either of the other properties were sold. Mr. Mochinski said the agreements are only with the present � owners but if their land were to be put up for sale, which is not in the forseen future, the V.F.W. is on record with them to have a chance for buying a strip of land for parking space. He said if they couldn't buy the land, the V.F.W. would probably have to lease the parking space from the owners. He'added that the V.F.W. would probably be in the best position to buy the land. Mrs, Wahlberg asked if the one agreement was from Standard Oil or was it through the leasee of the station. Mr. Mochinski said the agreement was from the leasee, Mr. Les Schaffran, but he has the authority from Standard Oil to do this. MOTIDN by Crowder, seconded by Plemel, to close the public hearing. Upon a voice vote, there being no nays, the motion carried. ' Mr. Plemel stated he has no objections to the variances as it is an improvement to the p-roperty, but he felt adequate protection should be given to the property � owner to the west as far as installing a curbo Mr. Mochinski said an 8 inch curb with gutter would be installed and Mr. Swenson said he would agree with this. Mr. Crowder said he didn't know how this property got into this shape as far as parkinq, but he felt these variances would be improving the property towards Code compliance. He said he.felt the City is getting more from this improvement than the V.F.�v. is. He added the current agreement will provide adequate parking. MQTION by Crowder, seconded by Wahlberg, to reco�nend to the City Council approval of the variances, due to the fact that all of the variances are currently existing, and approval of these variances would be more or less clearing up paperwork. The stigulation was added that the west property line be buffered by at least an 8 inch curb. The Board also made the recommendation that the final signed drafts of the parking agreements be available for the Council meeting. Upon,a voice vote, there being no nays, the motion carried. 2, A RE UEST FOR VARIANCES OF THE FRIDLEY CiTY CODE AS FOLLOWS:__ SECTION 205.135, 1, E1, TO ALLOW OFF-5TREET PARKING WITHIN THE REQUIRED 20 FOOT FRONT YARD, AND, SECTION 205.135, 1, E4, TO ALLOW OFF-STREET PARKING WITHIN ZERO FEET OF THE MAIN BUILDING INSTEAD OF SET BACK THE REQUIRED 5 FEET, AND, SECTION 205�.135, 1, E2, TO ALLOW OFF-STREET PARKING IN MORE THAN 2/3 OF THE REQUIRED REAR YARD (FROM 4,090 SQ FT TO 5,546 SQ FT ) ANDr SECTION 205.135, iF, 4A, TO ALLOW THE DRIVEWAY PAVEMENT TO BE WITHIN ZERO FEET OF A LOT LINE INSTEAD OF SET BACK THE REQUIRED 5 FEET, AND,SECTION 205 134, 4B, TO REDUCE THE SIDE YARD SETBACK FROM THE REQUIRED 20 FEET TO ZERO FEET, AND, S�CTION 205.135, 1, E3, TO ALLOW OFF- ^ STREET PARKING TO IIE WITHIN ZERO FEET OF A LOT LINE INSTEAD OF SET BACK THE REQUIRED 5 FEET, AND, S�CTION 205 135, 1F, 4B, TO ALLOW THE DRIVEWAY PAVEMENT . "� :r The Minutes of the Board of A Page 4 als Subcommittee Meeting of March 11, 1975 �� TO BE WITHIN ZERO FEET OF THE MAIN BUILDING INSTEAD OF SET BACK THE REQUIRED 5 FEET ALL TO ALLOW TH� CONSfiRUCTION OF A SPECULATIVE BUILDING TO BE LOCATED � ON LOTS 1 THROUGH 5, BLOCK 2, ONAWAY ADDITION, THE SAME BEING 7880 ELM STREET �. N F, FRIDLEY, MINNESOTA (REQUEST BY PACO, INCORPORATEII, 5920 KIRKWOOD LANE, MINNEAPOLIS, MINNESOTA 55442.) MOTION by Wahlberg, seconded by Crowder, to open the public hearing. Upon a voice vote, there being no nays, the motion carried. Mr. Maynard Edson was present to present the request. The plot plan was shown � to the Board, and the property was pointed out on the Onaway area plan. Mr. Edson explained this building is not any different than other buildings in the area and all of the variances have been asked for before. Chairman Drigans stated in this instance; there are 5 lots without anything on them, but 7 variances are being asked for. He asked why the building wouldn't fit on the lots. Mr. Edson said the main reason was because it was a corner lot. Chairman Drigai.� said the first variance is for off-street parking in the required 20 foot front yard, and the plan shows that the parking will be within 8.25 feet of the lot line. Mr. Mattson added that this variance should state on the side yard (79th Avenue) instead of the front yard but the variance is the same. Mr. Edson exp,lained there is a l0 foot boulevard along 79th Avenue so the off-street parking would be 18 feet from the curb. Chairman Drigans sazd the second variance to allow off-street parking next to the main building is located on the west and north sides of the building. He � noted that the third variance, to allow off-street parking in more than 2/3 of the required rear yard has never been asked for before. Chairman Driqans said the fourth and fifth variances, to allow a zero side yard and to allow the driveway next to the 1ot line are located on the south property line. Mr. Edson stated that the driveway could be moved over 5 feet to eli.minate this variance arid he added they do have an•agreement with Ballantine, the adjacent property owner, to attach their buildings together. Chairman Drigans stated he could not locate the sixth and seventh variances on the plot plan. Neither Mr. Edson nor Mr. Mattson were sure of the Iocation of these variances. (Note: All of the variances came out of a meeting between Mr. Paschke of Paco, Inc. and Mr. Boardman, the City Planning Assistant.) Mr. Edson stated he had not gone over the variances with Mr. Paschke. There was a discussion on the off street parking spaces. Mr. Edson said they are providing more spaces than are required for this building. He said they did employ an architect to draw up this plan to get the best use of the land and they felt the building will look very good in the area. Mx'. Mattson stated that the City staff had drawn up sketches for alternate layouts to show that this building could be built using less variances. The Board looked at the alternate layouts. Mr. Mattson stated that there should be a good hardship stated for having to have each variance as hardships are what the Board is to base their decisions on, but in this case there seems to be no other hardship than wanting to use as much land as possible.. � Chairman Drignas stated that in the other situations in the Onaway area where variances have been granted, all the lots have been smaller, but in this case there is 28,000 square feet of property. He said he could see no problem in � --�-� Page 5 The Minutes of the Board of A eals Subcommittee Meetin of March 11, 1975 �-"� granting the zero side yard setback, but what he did see wrong was why the Board would have to grant parking variances. Mr. Edson said that if they did put a � 4� foot sidewalk in along the rear of the building, they would be only 6 inches from meeting Code for the second variance. Chairman Drigans asked Mr. Mattson to explain the variance on using more than 2/3 of the rear yard for parking. Mr. Mattson read the requirement from the Code and stated he felt it was put into the Code so the rear yard wouldn't all be blacktopped with a 5 foot strip of green area along the perimeter. Mr. Edson stated that no other buildings, not even the new Bryant-Franklin building, in this area has green area in the rear yard. The Board agreed with Mr. Edson on this, as they could recall no other variances on this requirement. Mr. Mattson stated that he would have to check the plans for the other buildings to make sure, and he added it could have been an oversight on the other buildings. Mr. Crowder asked if the loading doors on the front of the building were drive-in doors. Mr. Edson answered that they were. Chairman Drigans said as he looks at this property, and also at the builder, all of his buildings have had numerous variances, of which some were justifiable. He added that he felt the builder has the con¢ept of taking 40 percent of the lot area and sizes his building accordinqly, and then goes £rom there and asks for variances. He said he felt the Board has allowed zero side yards for good reasons but he doesn't understand why the petitioner can't come up with a building on the lot that will meet the other Codes. Mr. Edson stated Jerry Boardman prepared 3 alternate plans that also need variances, and he felt that appearance wise, his plan was the best. Chairman Drigans stated that the Board has to take the whole ^ City into consideration, plus the petitioner, and the burden of proof for hardship in on the petitioner. Mr. Edson explained the hardship is simply to justify the investment in the land. He said the assessment on the land was about .$40.00 a foot and to only be able to use 25 percent of the land would not be profitable. He pointed out 3 buildings in onaway that were built to meet the Code, and he felt these were the worst looking buildings up there. Mr. Mattson stated that the appearance of a buzlding had nothinq to do with meeting the setback requirements. Chairman Drigans said other builders are able to meet the Code or almost meet the Code, but here the Board is faced with a builder who on each building he plans to build, has a list of variances to get as big a building as possible on the lot. Mr. Edson asked who was building in this area before Paco came in. He said nothing was being built. He said they have to build a money making venture or they can't afford to pay the taxes on the land and the City makes its money from the taxes. He added he felt they have a good plan that does need variances, but with a few minor alterations, the variances could be cut down in number or size. Mr. Mattson stated the City is not requiring that only 25 percent of the land be used. He said every City has thei� requirements far parking space, green area, and lot coverage which they have drawn up to follow. He said the City staff feels that too much is always being asked for by Paco. He said it is not a question:of the specific variances but the number that are being asked for. He said 40 percent seems to be the magic figure. � . Mr. Crowder asked Mr. Edson if they are at a point where they.need action on these requests now, or do they have time to go back to the drawing board to see if they could come closer to meeting the Code. Mr. Edson said he hoped ;� rage n The Minutes of the Board of Appeals Subcommittee Meeting of March 11, 19�5 '� � the Board would act on them to pass it onto the Council. Mr. Crowder explained ' that if the Board were to deny a variance, and the Council concurred, the same � variance request could not come back to the Board for 6 months. . Mrs. Gabel asked Mr. Edson if he would be willing to review this plan again with the City staff. Mr. Edson said he would rather review it again at the staff level, rather than have the Board deny the variances. He added he would like to know which variances the Board would agree to and which they would like to see changed. Chairman Drigans stated that on variance #5, there should be no problem with the zero side yard setback. He said the Board would like a clarification from the administration on variance #3 for the off-street parking in more than 2/3 of the rear yard. He said the Board questions the location of variance #6 for off-street parking to be within zero feet of the lot line, and they also question the location of variance #7 to allow th.e driveway to be within zero feet of the main building. He said the other variances could either be reduced or eliminatEd and he added that the Board would also like }he hardship stated for each variance requested. Mr. Mattson said that on the variance to park next to the building, the Board has granted this on other buildings with the stipulation of installing a bumper on the building, but the Building Standards committee suggests that the Board only reduce the requirement to 3 feet from the building with the stipulation of installing curbing to take care of the overhang of the cars. He said that only where there is not enough room,to keep the cars 3 feet from the building, should the variance be granted down to zero feet from the building. ^ Mrs. Wahlberg asked about the snow removal. Mr. Edson answered it depends on the winter, but it is limited on any lot. He said on his 1ot he has had to have it hauled away. Mr. Crowder said he was interested in the variance on using 2/3 of the rear yard for parking. He said he has never heard of it before, He said that 90 percent of the.buildings in the Onaway area have blacktop or trodden down grass or whatever in the rear yards. Chairman Drigans stated he felt this item should be tabled for study and more back-up material by the administration. He.said one of the Board's problems is that so many variances have been granted in this area that its very difficult to be consistent. He said, in addition the petitioner should show a haraship and also there should be more of a presentation on what these variances are. He said the Board doesn't understand some of the variances and he felt the administration should inform the Board more on what is required and the location of such. Mr. Edson stated the building could be put on the lot with poor use of the land. Chairman Drigans stated that because the administration works in this environment, the petitioner should work with the administration to see if this is the best land use or if alternate plans should be drawn up. Mrs. Wahlberg asked if the parking stalls were to be reduced so that no more than ^ 2/3 of the rear yard was used, how many stalls would be eliminated. Mr. Edson answered that 5 stalls would be eliminatedo Mr. Crowder stated he would rather see the 5 stalls. . �. Page 7 16 The Minutes of the Board of Appeals Subcommittee Meeting of March 11, 1975 ____� ,.,__ Mrs. Wahlberg stated she felt this item should be tabled until the next meeting to allow the administration and the applicant time to review the questionalale n variances and to come up with another drawing or to re-present this plan with the locations of the variances marked on it so the Board can clearly understand them. � n Chairman Drigans said he would like to recommend to the administration that if Mr. Boardman is the only individual to meet with the petitioners when they come in to set up the variances, that then Mr. Boardman should come to the meetings to advise the Commission on them, or that he should at least get the informatiori about the variances from these meetings to Mr. Mattson. Mr. Crowder stated his main concern is in not really understandiiig where the variances are and the reasons for them. Mr. Edson said it is not easy to build a case for hardship except for the cost factor. Mr. Plemel stated he couldn't see where the cost is a hardship because the cost to build in Commerce Park and East Ranch Estates is higher and yet there arn't varianaes needed there. Mr. Edson said �.he cost to build is about the same in either Onaway or in East Ranch Estates. MOTION by Pleme7�, seconded by Gabel, to table this item until the next meeting, to allow the applicant and the administration time to review the plan again, and reduce the number of variances if possible, and to show them on the plan that is resubmitted, and to state hardships as to why the variances are being requested. Upon a voice vote, there being no nays, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairman Drigans at 10:00 P.M. Respectfully submitted, ,�.,�` ,�1_ ��.' sL._!t r C�� MARY HIN7�Z � Secretary ' _ .�..� � � CITIZEN }3IKEWAY COI�'f�'iIITTEE PUBLIC lIEARING February 26, 1975 MEM33ERS PR�SFNT: Jerry Boardman, Vern Mo�n, Dennis Schneider, Bette Papke, Ron Wilkinson, Bobbi Spaeth, Bi11 Gerads, Jan Thomas, Rita Johnson, and Donna Gardiner MEMBERS ABSENT: Lee Houck Chairman Vern Moen opaened the meeting of the public hearing at 7:36 p.m. Mr. Mosn gave a brief outline of what the Cit'�en Bikeway Committee had been doing for the past six rnonths explaining they studied the feasibility of a bikeway/wallaaay system for the City of Fridley after they had recognized there was a pressing need for something of this kind. Mr. Moen said neighboring communities had gone ahead with their plans and no�a have usable systems.under- way. Mr. Moen said he would like the audience to feel they have been included and represented in the plan by their area representatives. Jerry Boardman illustrated a map to the audience and explained the committee's �,,,� goals and objectives. Mr. Boardman said the meeting was to be a public hearing after a brief introduction from the commi�tee for informative services. The committee would like to receive input from citizens at this time. The committee would then review the statements and then make the necessary mociifications or • changes the committee felt was necessary. .�� Mr. Moen comrnented that he did not want the audience to feel this was a one. way com�nunication. He said the committee was wilJ.ing to hear suggestions and . complaints. Mr. Moen stated that on May 30, 1974 the Fridley City Council established a Citizen Bikeway Co�nmittee to study and work with the Planning Department b� develop a comprehensive bike��ay/walkway plan f or the City, rir. Moen said it would be a recreational plan as well as another means of transportation such as going back and forth to work, in addition to reducing amount of pollution and saving on fuel. � Bob Pokorny asked if there was going to be a continuing effort to educate people to the advantages of the bilceway system as a means of transportation or would � this discontinue as the bikeway system was initiated? Mr. Moen indicated this would be a continuing education informative type plan. Mrs. Tho:nas commented that ttie committee expected to get cooperation fro m the schools�in Fridley to educate the children. The committee felt this was the first step, but teenagers snd ndults must also be educated. Mr. Moen added that the Fridley Police Department and the local news organizations were to help in publicizing this wherever they could. Mr. Boar:;man said that this committee would be recommending to the City Council that it be a continuing conmi�ttee to meet two or �our times � a year to keep the system upgraded and modified. Mr. Moen said that the plan was set up in 5 phases with Phase �l being the primary phASe. Mr. Boardman presented the goAls and objectives which included safety, transportation, recreAtion, environment, public awareness, and flexibiliCy. rir. }3oArdman said thaL- nei�hboring co,nmunities tiave looked into ttie possibility o� selL'ing u� a bi.keway system such as Mounds View and Columbia licights, and some t�ad alreudy se� up a system sucti as Coon Rapids and New Bribhton. . . ' • 2 Mr. Boardman felt it was important to get information out to the ciCizens. �� Mr. �oardman referred to the survey and said the information was very helpful in mak�ng some of the commitCee's decisions. Mr. Boardman said that 28 volunteer ^ cirizens did hand out 2,255 survey forms and received l, 356 f orms in return. It was estimated that there are in excess oi 20,000 bikes in the City with 62.5% of the people owning bikes. Mr. Board:nan ��resented the three classes ot a bike system: 1) Bike path - safest, separated bilce path about 8 feet completely separated from the road way mostly in park areas. •2) Bike lane - bike riding is on actual street right of way using stripe of some kind or a barrier. 3) Bike route - On street with no striping , just signing designating bikes on road. Mr. Boardman said the safest way is to eliminate parking along most bike Ianes. '�Ir. Moen referred to statistics and.stated that only 3'/0 o.f all bicycle accid�nts are reported. Mr. Boardman presented the bike proposal. He emphasized the staging of the plans will depend �n whether funding is available. The proposal was set up in such a way to�allow any resident in the City to travel in a relatively safe manner on bicycles. Vern Moen stated that the committen felt the whole system is good; the idea was to se�l the whole system. Mr. Boardman said that Phase 1 was the pilot project. � Mary Mart�.n asked if the Ci�y was divided into elementary scho�l areas?. Mr. Board�nan said yes, it provided access which may cut down on the cost of bussing. The idea was to cor.nect all school areas, recreational areas, and public areas. Mr. Schneider ad3e3 that the school districts within Fridley were served by the ^ bikeway system. A discussion was held on adjoining schools such as Adams. Mr. Boardman said the only access would be along East River Road. A citizen of the community asked if Coon Rapids was to consider their schools as a priority also. Mr. Boardman s�aid they probably would. . W4LKt�AY/SIDEt,IALK SYS''_'�'M The committee had felt that the best type of system was a separate bike system And walkway system under the same plan. He indicated the main problem for ' pedestrians was getting across the roads. The cotnmittee had decided sidewalks were-needed along Mississippi, Osborne, Rice Creek Road, East River Road, 7th Street, and Gardena. Mr. Schneider said it was important.to note the recommended � change in the assessments nolicy. Mr. Boardman said the Citizen Bikeway Committee has recommended a policy change that on County Roads (East River Road, Osborne) not be assessed to the property owner. The present policy at this time is that any sidewalks are assessed through the owner, and any City or local street is funded by the City. A ci�izen questioned how trees would be maintained with the present tree ordinance. �Ir. Schneider said that the s.idewallcs would have to be detoured around a tree. He indicated that any type of project that included deco:nposi�ion, a blac: top driveway would be replaced by a blacktop dri:veway, a concrete driveway would be replaced by a concrete driveway, etc. � A citizen oF the community asked if the schools had been consulted to reverse sehool bus monies to walkway monies if�it was safer for the child to walk. Mr. � Boardman said that was a good point, and stated the schools had not been notified. about the walkway. He said the Bikeway Co►nmittee will recommend funding sources to City Council and Council will make the final decision as to where the money will come from. Mr. Boardman ssid the sidewalk system will go in concurrently with the bikeway system. CArroll Kutcowski asked why? Mr. Bourdman replied that in settinfi up a system, Chey must liave full use of Che_sysL-em. If they recQivad much oppoaition tt�cy s 3 ,',��.� can puLl the sidewalk out. The committee ie1C it was needed whether it was put i.n now or later. The committee was to recommend that tfie total system be ptt in, Mr. Moen said it was important to make clear that Stage l could include the sidewalk r„� as a reco�unendation but Stage l does not include the sidewalk per say. Mr. Boardman referred to the situation by Chase's Island. The committee feels that it is essential that the s,astem be put in to atlow for pedestrian access for school children only. Rivers Edge Way is an isolated area. The Bikeway Co:mnittee felt that this system would be a good way to get around to the Islands of Peace and connect with the overall total system. Mr. Kenneth Anderson was opposed to tfiis idea in that he resided in this area and had previously spoken wfitfn City officials who claimed �zothing of this kind would take place in the future. Mr. Boardman explained the Bikeway Committee had set up what they felt w�.s the best reco:nmendation to City Council. Council will have the option to make modifications in the plan. The main concern was to set up the safest and most efficient system possible. The recommendation was to sign the sidewalk and enforce this with the Police Department as havi:�g the syste;n only for walking, Mr. Anderson wanted to know how flexible oF a plan this really was. He suggested an alternate route on East Rivers Edg2 ;�ay by going north along East River Road on the road or path along the side of the road by Locl:e Lake. He suggested jog�ing in and have a crossing across East River Road. Mr. Boardnan said one reason for doing it the original way was because the committee ha3 no other alternative but go along East River 2oad as a path. Mr. Boardman�suggested keeping this on the west side of East River Road and continue down without jogging. Mr. Anderson asked what was to daCour minibikes and scooters from the path? Mr. Boardman said �hey we�re relying on strict enforcement of the bike ordinances with a few recommended changes which would prohibit the use of motorized vehic�es on a path. ^ Mrs. Maeterns, 144 Rivers Edge Way, said more people coming into their area are from Coon Rapids or i�iinneapolis and adjoining areas. She sa:.c� they had allowe3 for this once for the childrens safety with the school but they could not allow . for this again. Mr. Anderson asked the co�nmi�tee-to put themselves in their situation. He suggested that so�e route be formulated. rir. Boardman said the committes would be wi.11ing to meet with members of this area sometime before the final plan is sent to-City Council to get the ideas for an alternate route. But the final d�cision will be made b;c City Council. Mrs. Bette Papke indicated the representative�from this area was no longer with the committeu and had there bee�7 more information and input from this area, the problem might have been alleviated. Presently there is a new member from this area which was assigned two weeks ago. Mr. Boardman said he knew of the situation in this area and tried to explain to the co►nmittee and convey the information to them ttie best he could. Mrs. Martzn co:;►mented that she felt it was the City's auty to see that all the people in the community were represented: Mr. Moen said that was the exact reason why the public was invited tonight. Mrs. T��omas conunented that as they went through each area, they put themselves in that neighborhood and reasoned whether they would object or favor a bikeway in front of their tiouse. She said the committee certainly was not aware oF a 6 foot path from the res:_dent's bedrooin. • ^ Mr. Anderson said tha� he did not think sisns would stop children. Mr. Schneider Lelt that the co�nmittee should stron�ly re-examine that particular area at the next meeting. A ciCizen que:stioned whether the scfio�l board h�ad been contacted at Rivers Cd�e iday? Mr. Moen said they hxd not at thrs point. Mr. Board�nan said ttiey had �iven Ctie plan to vr�rious school disCricts, After the final proposal, eervice organizations om the City w3.11 be contacted for tkieir comments. Mrs. �,'l�omas said the ideu was to get some of these problems ironed out f irst. � . c � � The committee set up a meeCing with Mr. Anderson and any other interested people i.n tltis parCicular area for LJednesday, March S. � Mr. Ken Sporre i1lusCrated a problem area on the map near North Park, and said this is extremely danberous as �t�ere is no railroad crossing. He said Lhe City plan was to c��nnect �asC River Road with 83rd all the way across which must be approved by Burlington Northern�Railroad wh�.ch they will not do. He said as you come into Coon Rapids about a blo�k and a half. north ot the Fridley line, Ct�ere is a servi.ce roa�i that is parallel to East River Road that could be used for �•ike�aay so Lhere is a block or two between Fridley and the section of Coon Rapids. I�1r. Sporre said he lived in this area and had no objection �;o bicycling but it perp�t-uates the possibility that 83rd may someday go through and indicated it 4�i11 noL go through. fIe also said that Main Street going through the park will atso be fougfit by citizens groups and the Foundation itself. He recommende� that this particular area be ca�n�hds�timentoc132�and east onV132Rtodthe park area. service road that is para:.lel Mr. Gerads said thanks to the representative frt�m this area, this was brought up at the last meeting and it was decided to get i.i contact with Coon Rapids tc see i� there could be a route change. Mr. Boardman asked the citizens how they felt about a pathway within the North 'Park property? Mr. Sporre said a nature center is a nature center and said ' that they should have a place to park bikes near the entra1�ce and then p2ople could go �.n on foot. He said the nature interpretive area will be fenced but outside oF the fence there would probably be no objection to a bikepath. Mrs. Tho:nas said the idea caas to have people get by bike to North Park. Mr. Sporre � said ttle main objection to this was that this perpetuates the thought that this road wi11 continue to 132. Mr. Board:nan said may be it would be a gooc� idea to have a trail system through a portion of the park fringe area to provide a good buffer area, it could be within the nature area property but outside of the fence. Mr. Mozn said this area is a part of Stage 4 and by that time moat of thesz pratilems will be settled. Mary riartin said she l�ves in area 1, and said she noticed the path zigzags across �ast P.iver Road. She said it was her understanding that they were connecting Osbozne and East River Road and crossing East Fiver Road at Riverwood Scho�l. tir. i3oazdman said this caould be a crossing wi�h a light. Mrs. Martin indicated on thr�e lights in this area 99'/, of the time the cars turn, hardly anyone goes straight ahead. She said it was impossible to talce a bilce aeross East Rive�r Road and Osborne. Presently, the lights are insufficient. She indicated down by the school liglrt ehere had been several accidents. Mr. Ken Wilkinson said one possible solut:on would be to use a special traffic signal, no right turn on red And have a special �aalk si�nal. Th� sug�estion caas cnade to have a three way stop signal where all motorized vehicles stop. Mr. Boardman said it will be a recommendation by the Bikeway committee to carefully look at the timing of these lights at all intersections. rir. Board:nan said they could ery to work it o�t with on-grade lc�rel with a si.gnalization system. Thcy could al,so look at an overpass. Tltis is by far the safest way to handle it with a cost of $150,000. The recoaimendat-ion was made to handle it as un on-�rade crossing. rirs. Martin agreed provided thaC some ctiange was made in the signalizAtion. � Mrs. LecAnn Sporre stuCed tha� she felt that sometime they may have to separnte the sidewwltc and bilceway system. She fe1C the co.z�mitree could get a better citizen in�ut by discussi.ng i� nei�hLorhood eo neibhUorhood or trail Co trail �roposAl. Shb fel� in loolcing a� �he truil system they sliould be extremely environmentully �ensit�ve, esPeci.ally the Rice Crecic Zruil und uround the n�ture cen�er. Mr. lloc�rdman sui.d Lh� commiltee iirsC wnn�ed �a�sec� whut �ype of response Chey received ut this public helrtn�; .�i.rst. , Zf tlicre wns A grcuC responsc, t,hcy hnd an�ici.pnted t�rcu{cinb ---�_._...� ...,,,,.-a„�� P �� C�ST RRrA1C��N tem as proposed by the Citizen Bikeway Mr. Iloardman s�al:e3 that ttie cotal sy �`b;nmit tee with apProximately 32 miles of traii �-SZg�}�QOO bu��duerto theoculvert ,��A0,000. The acLual system iLseli was actual y 'b . la increase $2Q,000, rir. Boaxdman said he would be recommen ing o on Glst Lhe cost wou a�.n. take ttie culvert inCo consideration ag on a five n said he would like to poillt out that the system �-e SWithPculvert). Mr� Boardma 80,000 a stag � ne of s ta�e pragram, each stage approximately cost�.ng $in wi11 be provided. � ' ns b the 3ikeway Co�nmittee is that this system n o t b e a ssessed riost situations were on-strce t a c c° s s where strip � the reco�un�ndat�. o Y oF Flidley. �o tlie property ocaners of the City . 1 T,AWCpN funds 2) Community resented the fundi.ng possibilities: ) artment of Mr. Boaxdman P 3 rederal Aid Urban 4) Minnesota Dep . Development Block GranL- (IIUD) ) Q ani2ations 9) Bicycle Natu ral Resources S) Minnesota StaL-e Aid Streets 5) Revenue sharing funds 7) County sources 8) Local sources - conununity s..xvice or related fees 10) Pri:ate donations. Stem Le��nn Sporre asked if there were any p articular parts of tihe bikeway sy Boardman sai that would make it optimum fundaSlto thenmetroPolitan system anid•any traiMrshat LAWCON will look at the systen ettin funded. •�s along 4he metropolitan syste:n h�o ectemost fundable? gMx. $4a�d�o� aretther�ugh Sporre�a�sked what would make the p] t he state level. He stated the fundTO b lemsy SThese shouldkbegdevelop�d as viable problem areas and these are access p �1c►eans of access for the eommunity. ADJ�=�NT ad'ourned at 10:07 p.m• The nexC meeting will Vern rioen deciar�d the meeting � .be March 5. . gespectfully submitted, ��.y�:ct:1.�-c.�- � �'��>.� � C�J� �.� ( '�' • Recordin� Secretary . . . � � /'1 CI7IZEN BIKEWAY/WALKWAY COMMITTEE MEETING - MARGH 5, 1975 �� PAGE 1 Members Present: Moen� Gerads, Gardiner, Spaeth, Papke, Thomas, Schneider Members Absent: Johnsbn, Houck Others Present: Jerrold Boardman, Planning Assistant � Chairman Moen called the meeting to order at 7:30 P.M. He said they should •continue where they had left off at the Public Hearing on February 26, 1975 where they had been discussing the pathway in the Rivers Edge Way area. We had asked the residents of the area to bring back their thoughts on alternate routing, which we would discuss and consider at this meeting. Mr. Bert Slater, 128 Rivers Edge Way, said as he had always understood �: bike- way or trailway, it was a means of accessib-iiity which would be quick and �asy. He said that in Europe they use the most direct route. He didn't think that the plan proposed for this area was a good clean-cut bike path. Ne thought ther.e seemed to be a lot of cutting back and forth across East River Road, and this did not present ' a logical type of path. HE� said that another point was where were the facilities that this proposed route was trying to gain access to? The various parks, schools, such as the Junior and Senior High School, Commons Park, etc., would logically be the points where these bike paths should lead. He continued that in looking � at the map, there were few points of interest west of East River Road. He said he thought these paths should lead to the above mentioned areas, plus Moore Lake and the:Holly Shopping area. Al1 of these areas are east of East River Road, and even east of University Avenue. He asked if the proposed plan had approval of the schools, Georgeto��n Apartments and F.M.C.? Mr. Boardman said they did not have that approval at this time as this was only a proposal or where they would like the bikeway to go. Mr. Slater asked Mr. Boardman if he thought they would get that approval? Mr. Boardman said he wasn't sure of the Georgetwon approval, but there were other alternatives. He said that the bike paths that were set up in this area were not primarily for getting somewhere in a hurry, but were for a scenic route that would join up with the Minneapolis system. He said that this was what they were proposing along the river. Mr. Moen said this bikeway along the river was in Stage 5, which was a long way down the line. Mr. Moen said that what they were primarily concerned about at this time, was Phase I, which was the foundation on which the eqtire system would be built. Mr. Slater said he thought that if the bikeway was on Main Street instead of along the river, that this would be a good route to tie into the Minnespolis sytem. Main Street was a side street, and after the Camden Bridge was back in, it would tie in with the Camden Parkway which he felt would be part of the Minneapolis sytem. He said that Main Street was elevated, and as far as a scenic route he thought you could see more that way than having the route'along the river, arid this could be joined to the trail system at Mississippi. He felt this trail could go all the way to Blaine and Coon Rapids on the east side of East River Road. ^ Mr. Moen said the reason for having the trail on the west side of East River Road was so that people could get to the center of Fridley easily. .�'�"'�, _ �� Citizen Bikeway/Walkway Committee Meetinq - March 5, 1975 P�e 2 Mr. Slater said the people around Rivers .Edge Way didn't think it made sense � to have this bike path come into their area. Mr. Moen sa9d the park survey showed that 2/3 of the people in this area own bicycles which was the second highest concentrati��n of bicycles in the City. Mrs. Catherine Anderson, 132 Rivers Edge Way, said that Mr. Boardman pointed out to her that the bike paths were on the east side of East River Road just above Mississippi, and she thought the bikeway should stay on the east side of East River Road. Mr. Boardman said this was an alternative. Mr. Gerads said the reason this bike path zig-zags was because they were trying to stay on the streets as much as possible. If they had a straight path, it would �involve developing these paths at a considerable cost, and he was in favor of keeping the costs down. Mr. Roy Rucinski, 124 Rivers Edge Way, said he fe1t that if the bikE,p�th went next to the river that children on this path would be stopping aTong the river, and the City would end up with more than one drowning. Mr. Boardman asked if tte would be less worried about the children riding bikes on East River Road? Mrs. Anderson said that little children would not have any access to this bikeway, - because they would be run down by bikes, so the walkway would be useless. Mr. Boardman said he realized that there was a prablem in this area and this was the purpose of the meeting, to come up with an alternate route without using the walk- �✓'� ways in the area. He saTd the Committee had to take into consideration that the County is going to expand East River Road to a 4-lane highway, with a divider down the center, just like it is further south. �4r. Boardman said he realized that bikeways and walkways were not neces�sarily compatible, so he felt the people had a legitimate complaint, especially when you get into an area where there was only 4 feet. He said it was the Committee's recommendation that in those areas, signs would be put up instructing the bicyclists to walk their bikes through this area, which he knew would be tough to enforce. If the bikeway goes on East River Road, we will have to take measures to protect the people from the 18,000 or 19,000 cars a day that travel East River Road. Mr. 6later asked why they didn't push the bikeway over to Main Street where there isn't that big of a traffic problem. Mr. Boardman said there were problems on Main Street also. Mississippi and 61st were both problems as far as getting off Main Street and onto the route again. He said that if the crossing was on 61st, it would cost in the neighborhood of $120,U00. ' Mrs. Slater asked where all this money was coming from. Mr. Boardman said the Bikeway Committee was recommending about a dozen funding sources and were not recommending that it be added to real estate taxes. Mrs. Anderson said that another thing which hadn't been mentioned and might seem like a small thing, but that would be the trash generated along these bike routes. She said she got trash from the wal��kways now. She also wondered how they were going � to keep the mini-bikes and motorcycles off these bike routes. F1r. Moen said the Committee had been over and over this problem. He felt it was up to the citizenry to stop mini-bikes and motorcycles from using these facilities. �� Citizen Bikeway/Walkway Committee Meeting - March 5, 1975 Paqe 3 �'� He said they should be vigilant and report any violations. Mrs. Anderson said she didn`t want to be a recreational baby sitter. She said that ��th this proposal, the �'1 neighborhood feels it is giving up its privacy for the second time, and we don't want to do that. Mr. Maen said the Committee was as convinced as the people in the area were,that a bikeway would not go along a 4-foot sidewalk, and the purpose of this meeting was to figure out an alternate, feasible route. Jan Thomas said she couldn't see eliminating the route along the river in Phase 5 because she was sure the Minneapolis route would come along the river. P1r. Boardman said the real problem they had to solve was thai right now 75% of bicycle usage was for recreational purposes, so people weren't too involved in trying to get from one area to another. Ne felt that both aspects should be eonsidered, the use of bicycles for recreation purposes and as an alternate transportation. He said that when families use bicycles for recreation'now, they ride around in their own neighborhood. We want to get them on a scenic route with a way to get to parks and other recreational areas without having them go through a]ot of hassle of fighting automobiles and natural hazards. He said that a lot of bicycle traffic happens during the day, and there are a lot of trucks on Main Street if this was used for an alternate route. � Mr. Richard Harris, 6300 Riverview Terrace, said he didn't see how there could be a bikeway on the sludge pits where the Minneapols Water Works were located. He thought-�here would be a problem allthrough this area. Mr. Boardman said the routes could be modified to fit into this area. Mr. Harris said he would like to visit this n area with Mr. Boardman because he didn't feel a bikeway could go in this area. /`1 Jan Thomas said she wouTd be very opposed to having a bike route on the same streets that were also truck routes, like Main Street. The cabs of the trucks were high and it was difficult for the drivers to see the bicyclists. Mr. Boardman said that if the bikeway was developed along East River Road from Mississippi so�uth to 61st, cross at the light at the school, and �hen run it along East River Road to the south edge of the school property, and then cut it into Chase'.�s; Island, he thought this would be directing a lot of the traffic from the area in question and onto the bikeway system. Mr. Slater said people were crossing the open school yard now, and they couldn't find anyway to control it. There were even mini-bikes using this route. Mr. Boardman said bicyclists will usually take the easiest way and once the trail sy�stem is set up, a blacktopped trail would be the easiest way, especially ifr we are talking about people that live outside your neighborhood. He said that by eliminating the bikeway in this neighborhood, in his opinion, wouTd not eliminate the problem they are having with people in this neighborhood and the walkway. He said the Committee was establisfiing a bikeway system for the entire Gity and he didn't think this system would cause this neighborhood more problems than they had without the system. Mr. Slater said the people in his area didn't think it woald�`.be much of a prabl.etn for them to get on to the system. Mr. Boardman asked them how they were going to get on it? They would have to cross East River Road, or go back to Mississippi Way and then cross with the light at Mississippi Way or use the present walkway and cross school property. Mr. Boardman said we are trying to solve your problem of having outside people come in and use the walkway that was set up for children in this area to use to get to Stevenson school. �� Citizen Rikeway-Walkway Committee Meetinq - March 5, 1975 Page 4_ ___ Mr. Gerads said that in view of.the problems we have heard this evening with the bikeway south of I.694, and the problem we have in this neighborhood, he personally ^ would like to have the bikeway cut off at Mississippi and East River Road, and take another look at the plan of coming up Main Street, which is a wide street, and come all the way up to Mississippi, and eliminate coming from Main to 61st. He said that when they had originally discussed a culvert at 61st we were talking about $60,OOU and now we are talking about $12U,OOO for this culvert. Mrs. Slater said that with all the money involved in this bikeway, how many months of the year could it be used? Mr. Boardman said he thought it could be used 8 or 9 months of the year. Mr. Boardman said that when they talked about ha.ving a trail system along the river, they didn't necessarily mean on the river bank. They have the area between East River Road and the river, to work out a trail system. He said that all the Committee was saying is that they want to develop a schenic route that would tie in with the Minneapolis system, and whether this route goes along the river or into the Metropolitan sewer area, or ho��; it goes, will be something that will have to be worked out. We are not saying that this is the exact way this trail has to go. Mr. Slater said he thought the Committee should give consideration to using Main Street as an alternate route because of the problems a bikeway in his neighborhood would have. Mr. Moen said the Committee would be glad to consider an alternative, but they couldn't consider that this neighborhood ran all the way to North Park. Mr. Slater said the people in this area have just about had it with the walkway, ^ and with the announcement of a bikeway coming in this area also, it was just too much. Mr. Moen said tliat if there was an access here without even having to go past the school, this might help the problem. He said the reason the Committee was avoiding using East River Road like the plague was because although there was a speed limit on East River Road, people do exceed this limit. With a bikeway on the boulevard, there would be danger of flying stones or cinders being thrown aff East River Road and on to the people using the bikeway. . ^ Mr. Boardman said that when the bikeway stays off East River Road and goes into a residential area, then you can just 'sign' it, and it reduces the cost factor con- siderably. If we have to go to an 8 foot bike path on property, then you are talking about acquisition, condemnation, and lots of other problems. One of the purposes of the plan was to serve as many people as possible with the safest system that can be provided, for the least cost, and that was the main reason for getting off East River Road. Mr. Boardman said there were a number of small parks in the Riverview Heights area where he thought useage would be encouraged by a bikeway system. He said the in time, small picnic areas could be included along the bikeway. Ne said the first two phases of the bikeway system were concerned with getting access for the bikeway. Mr. Slater asked where the biggest problem area was. Mr. Boardman said it was crossing Mississippi Street. There were 444 cars an hour on this street now, and this will increase when the underpass is put in. Mississippi Stweet will be depressed from 2nd Street on, and 2nd Street will not have a controlled access, and we want the bikeway to cross Mississippi at a controlled access. Mr. Harris asked Mr. Boa�dman where the money would come from to maintain this bikeway? Mr. Boardman said he was talking about $25,000 every two years, which would � .—�� .. ... .... .......... ........ ... . R,.� Citizen BikewayJWalkway�Committee Meeting - March 5, 1975 Pa e 5 �e used for striping. He sai�d they were going to try and get the County to do the � striping along East River Road. They are doing it in Coon Rapids, so he thought Fridley should be able to work with them for the same service. Mr. Boardman continued that this money would either come out of general revenue or MSAS funds. He said a lot will depend upon whether the Council wants to put this system in as it is proposed. It could then be budgeted as a maintenance item. Mr. Boardman said that if the bikeway system ended at Mississippi, anyone who wanted to go to the Island's of Peace would go through this area anyway. . Mrs. Anderson said that if people aren't familiar with this area, she didn't think they would be coming that way. Mr. Boardman said it had been proposed by our naturalist that this be designated as one of the five natural history areas in Fridley. If this was done, and it was publicized, then it would be visited by school groups, etc. He said there have already been a lot of visitors to the Island's of Peace and it wi11 become publicized aT1 the time. Although tr;�:re aren't bikepaths on the Isiand of Peace, people will be going there by bike, and if they look at a map of Fridley, they will be going through this neighborhood unless there was some system directed around the nieghborhood. Mr. Boardman said this was just a recommending Committee, and Council would have the final say on the bikeway. He thought the bikeway proposal would be considered by the Council in Apri1 or later. A discussion followed by people in the neighborhood who thought there should be a better way of notifying people who could be affected by this bikeway and walkway. ^ Mr. Boardman said there were 32 miles of routes, and it would be very expensive to notify everyone along the route. He said it was publicized in the Sun Newspaper, on Cable T.V., and also on the City bulletin boards. Mr. Moen said he understood what the people were asking for, and it was difficult to be for or against something when you weren't sure what the proposaJ was. He said that where acquisition of property was concerned, those peo�le would be notified, but as this was a Giti�zen Committee working without any budget, it would be impossible to have mass mailing. This proposai was only a recommendation to the Council, so nothing was final, and he was sure it would be publicized when the City Council considered the"recommendations. He said one of the things the Committee wanted to do was to take a drive along the proposed route and see how it would affect the different areas. � Mr. Gerads said he would like to recommend River Road far the time being, and that we erase neighborh000d, and give strong consideration of the border of Fridley, down Main Street. that we table that route east af East the proposed route going through this going all the way from Mississippi to Mr. Jerome Krist, 148 Rivers Edge Way, said he didn't think the City Council was going to agree with this recommendation because the first thing they were going to ask was how people would get to the Island's of Peace. Mr. Boardman said that his recommendation would be to go down East River Road to 61st on the east side of East River Road,.cross East River Road, at the light, go down to the south boundary of Stevenson school property. He said there was a pretty good chunk of land bewteen East River 'Road and the school property, go down to that area with your bike system, and cross the schaol property on the south boundary, and at that point you would connect up to the Island's of Peace. Ne said that if they wanted to scrap the raute south of the Island's of Peace, it was felt that ttiis part of the route was on a long range plan, say 11 or 12 years from now. Mr. Boardman said it may be possible to get federal funding on the part of the route that goes along the river, . . ' . . ��R'Y .. . . . . . . . " . . ...... .... ... . . ..... ..... ... . . . . . ..,. . � d;_ �.,.�. Citizen 8ikeway/Walkway Committee Meeting - March 5, 1975 - �Page 6 ,.�„� because ih��s would be the part of the route that would tie into the Minneapolis y system. He said Minneapolis already has a system that will be coming over the � Camden Bridge at the river, and one that will be coming from St. Anthony Boulevard and will come across the Columbia Golf Course. Mr. Gerads said there had been a lot of discussion on alternate routes, and he thought that before a decision could be made, the Bikeway Committee would have to go out and follow these alternatives, before they could make a goodr�recommendation. Mr. Boardman said that when there was a marked bike system in this ar�a he didn't think it would cause this neighborhood any additional problems because people from outside the area would stay on the sytem, rather than bike across the school property and go into an unfamiliar area. The Committee scheduled their next meeting for March 19, 1975. Chait?man Moen adjourned the meeting at 9:55 P.M. n Respectfully submitted,. �`'`� ✓� ; � � ,_ .. Jf RROL BOARDMR , Planning Assistant � " . . • `'�!�`� � n .-* � EP�VIRONP�IENTAL (IUALITY COMMISSION March 18, 1975 MEP�IBERS PRESENT: Jim Langenfeld, LeRoy Oquist, Mary Martin, LeeAnn Sporre, Tom Sullivan, and Bob Erickson MEMBERS ABSENT : Russell Flouck OTHERS PRESENT: Dick Sobiech, Jerry Boardman, Bill Nee, John Robertson, and John Melinka Chairman Langenfeld opened the meeting at 7:39 p.m. APPROVAL OF MINUTES MOTION by LeeAnn Sporre to approve the minutes of February 18 with one correction; deletion of 2nd sentET�ce in 2nd paragraph on page 3. Seconded by Tom Sullivan. Upon a voice vote, all voting aye, the motion carried unanimously. . DIALOGUE - Mr. Langenfeld said they would begin the dialogue in reqards to the "��lodel° Gode project. Mr. Sobiech began by saying the,y had no clear direction from the City Council. He sugqested a resolution be prepared and that it be submitted to the Council at the reqular Council meeting of April 7. The commission could get involved with the resolution and staff could prepare it. Mr. Sobiech said before �hey begin discussing involvement, the FE:?� and staff needs better direction. After the resolution has been submitted and approved by Citv Council, it would be passed on to the P1EQC. Mr. Sobiech said that compared to previous discussions, this v�ould require more involvement on the nart of the city. The next step would be for the FEQC to recommend that a resolution be prepared and submitted to the MEQC. P1r. Nee said it would be a matter•of staff time. The commission could �review the MEQC and City of Fridley staff's proposal before submitting it to City Council. Jerry Boardman explained it would be a requ�irement of all cities in the state to prepare some environmental regulations that would follow in the same order as the P1EQC. Mr. Boardman said you have to find the environmental sensitive areas. Mr. Boardman felt they should set up a plan where they can designate environmental areas. Mary Martin asked if this meant there were some areas that are not environ- mentally sensitive? Mr. Boardman said that some areas are zoned properly. Those areas would not be as environmentally sensitive such as North Park. Mr. Nee said this would be defined by geography instead of function then. John Robertson, representative from Minnesota Environmental Quality Council, stated that under the 1973 policy certain types of projects require a review and to see if their affect is environmentally significant. An impact statement has to be prepared. -Under the present rule, the decision as to whether it is sianificant enough had been made by the MEQC. That decision has been made centralized. Mr. Robertson said after eighteen months of experience and an extensive analysis with consultants, n - 2 �o Hayworth-Anderson, they felt it should be decentralized. If a local government were to receive an application for a permit, thev would now have to make that �decision and declare themselves according to state guidelines. Mr. Robertson said that what is being proposed is that rules should now be c�anged so that this significance decision can be made by state or local agencies issuing it. That has some significant advantages. The theory is that they can provide other state agencies with understandable guidelines as to what constitutes environmental significance so they can make decisians themselves. The state will preoare new guidelines. Mr, Robertson said that one of the flaws that the consultants found was although yau can make environmental aware decisions, decisions are confined to a project by project evaluation or single project. What the state is proposing as an option to any community is that instead of writing a detailed impact state� ment on 1arge projects, an impact statement would merely consist of a short report which the City would certify that that particular project would be consistent. Mr, Robertson stated that sometime between May and June, new rules would be coming � out. They could consider at that time whether the City would want to choose a planninc� option. Mr. Langenfeld asked Mr. P,obertson if he was correct in saying that this nrocedure would involve the comprehensive plan as well as the ordinances, as far as environmentally sensitive areas, this would eliminate imoact statement procedures. Mr. Robertson said this was correct. Mr. Robertson said there would probably be an a m endment to the environmental policy act of 1973, and this amendment will probably be introduced to the House this week, also sponsored by the Senate. This option has been endorsed by the Governor and the MEQC, but he emphasized this is not law yet. �Ir. Sobiech commented that the comprehensive plan would work for a community just beginning total development as it would in a community such as F��fidley which is more in the developed stage. Mr. Rabertson said he hoped this would be something they would look at in the next three or four month; exercise such an option, but do a project by project environmental analysis. They would be�in with the rules and regulations first. ' � Mr. Nee questioned how they would figure out v��hat that was. There is nothing in the Code presently, City Council agreed there ought to be. The problem is how to get that into the Ordinance. Mr. Robertson said the,y couTd give a few suqaestioi�s since the state has to do the same. He suggested lookino:at the environmental aspects (topography, sail). Mr. Robertson said hopefully the City and Commission could review the local-zoning code. These kinds of facts would take into account the approval process. The other aspect is procedures, what should be looked at. Mr. Robertson added that the state gidelines will require some type of disclosure process. Mrs. Sporre said that the environmental review on the local level (EIS system) is only to be used as a tool to begin to understand on the part of the commission and City Council. She asked what was the impact? She felt state should desiqn that kind of wording. Mrs. Sporre felt it was the attempt to make more responsible "decisions on the local level. n 3 is Mr. Robertson said this was somewhat mistaken. The present system is very weak because local communities are not accountable. They do not have to declare themselves. The proposal in decentralization would require the City to make the �significant decision on every project they approve. The City would have to put the money on the line. That would have to be reported and made public in the state register for 30 days. The guidelines would have to be followed, the facts correct, and decisions would have to be made on findings of fact followinc� proper procedures. The City would have to give notice that they had made this decision. The state agency could challenge City Council's decision and bring that to the appellate body. He commented decision of siqnificance could be made early. The committee discussed the appellate procedure. Mr. Robertson explained that with the experience of 4Jashington state, they could not challenge without present- ing some evidence that indeed the state standards were violated. Mr. Sobiech asked who made up the appellate body. Mr. Robertson said three people; an environmentalist, lawyer, planner or governing official,for example. Mr. Nee said the duties had not been previously definitive. He felt this body had to represent the community. Mr. Sobiech said that staff will become involved. Mr. Robertson said the MEQC has now been authorized to draft this. Mr. Nee stated he thought they should try and do something, he felt they could. He also commented that Council members were very sensitive about the marsh. It would be their decision as to whether they would like to use Fridle,y as a"Model" for this Code, he emphasized. He recommended that the state work with the City of Fridley and FEOC. This must be clearly stated in the resolution. Mr. Boardman asked about the conflict in t•he Metro Countil's �lan and the state EQC rules and regulations under the MEPA. that if the Metropolitan Council plan passes, state planning passes. Mr. Robertson said that before h1ay, the state will Council review on the state's significance criteria and make Metro Significance Mr. Robertson stated representation plan get a P�etropol i tan sure it is compatiCle. Mr. Langenfeld said he would send the proper resolution after being drafted by staff to the Council and then submit it to the MEQC. P�r. Sullivan asked if they would need a letter from the City. Mr. Robertson said they would, possibly a cover letter. Mr. Langenfeld said the �urpose was to make this resolution on staff basis. The FEQC could call a special meeting just ot review it. P�r. Sobiech said that they would begin discussing this on Monday on how they would get the FEQC involved. MOTION BY MARY P�IARTIN THAT THE FEQC ASK CITY COUNCIL BY RESOLUTION TO ASK THE STATE TO ASSIST FRIDLEY IN SETTING UP AN ENVIRON��1EMTALLY SENSITIVE �10DEL CODE. Seconded by LeeAnn Sporre. Upon a voice vote, all votinq aye, the motion carried unanimously. -- Bill Nee stated the details and in this process. that he would be ►�rilling to work with this commission to u�ork with it would be the intent of the Fridley City Council to collaborate The cammittee discussed the procedures they would go through in such a process, Mr. Robertson explained that all an impact statement �vas is an information disclosure document. Mr. Nee said it v�as the idea to get something into the Code. Mr, Langenfeld explained that in the future guidelines would serve as a check list, John Melinka �aid that is how an environmental assessment determines whether it should be written p or not. _ 4 �� Sporre asked what were to be the standards that would go to the appellate board „ broken. Mr. Melinka said that whenever draining across a wetland, you would have to have an environmental assessment on it. Mr. Nee emphasized getting that into the Code. The committee discussed environmentally sensitive area, and Jerry Boardman said that certain areas would require an environmantal impact statement, these are environmentally sensitive areas. Mr. Nee said the City was definitely becoming more sensitive without the Code. Mr. Robertson said,in summarizing,they will receive the first draft of rules. Then the staff will prepare a resolution for City Council to adopt authorizing staff to work with the MEQC and asking that the MEQC assist the commission and the City. Mr. Langenfeld thanked the representatives from (�EQC for attendinq the meeting. Mrs. Sporre commented that she felt there should be more emphasis on planning and less on the developers. GENERAL DISCUSSION Mr. Langenfeld directed a question to LeeAnn Sporre in the particular letter recom- mending the Modei Code plan presented to the state with no signature, for clarification. Mrs. Sporre said she identified herself as LeeAnn Sporre and read aloud the statement represented and initiated as a matter of record by FEOC in concept,but the statement came from the Mayor's office, not the commission. It was read and presented in letter form. Mr. Boardman explained the Planning Commission was concerned that this did not go through the proper channeis. Mrs. Sporre said she r�id not speak on behalf of the EQC. h� Langenfeld said he would wait and see what progresses from the state. He anticipated having more than one meeting per month. Mary Martin suggested a possibility of rotating meeting dates for special meetinqs such as Monday one week, Tuesday next, and so forth. This would help in not excludinq somebody all the time. . Mrs. S�orre brought up the idea of having a member from the FEQC attend th'e MEQC mee.tings regularly to gain input for this commission. She said mileaae should be reimbursed for. Mr. Langenfeld said this could be done by submitting�to the chairman the mileage,and it would be accountable and paid for in the budget. Mrs. Martin added that lunch and parking should be included. Mr. Langenfeld said he would check into this with the City administration. .Mr. Oquist felt that if the FEQC were to send a representative to the MEQC meetings, they should state that they are present as an FEQC representative, not on a personal basis. h1rs. Martin added that maybe they could receive the minutes of the MEO,C meetings. Mrs. Sporre said this was a lengthy procedure, minutes are taken verbatim. It was easier to attend the meetings and absorb everything that took place. ADJOURNMENT MOTION by Tom Sullivan to adjourn the meeting at 10:10 p.m. Seconded by Mary Martirr. Upon a voice vote, all voting aye, the motion carried unanimously. The next regular meeting wi11 be Apri1 15. • Respectfully•submitted, �'`� . G�!(./ Shelley Morris�n, n,.,..,Na; �,, c,.,.�,.+�H.. �.- -- .. ° -_ . �a.7 � MINUTES OF TIiE R�GULAR PARKS AND RECREATION COI�tISSION MI:ETING MARCH 24, 1975 , � -- �" ^ Meeting was called to arder at 7:40 p.m. by Chairman Blair. MEMBHRS PRESENT: Blair, Caldwell, �Vagar MEMBERS EXCUSED: I�arris, Peterson OTI-IERS PRESENT: Juan Salas, 5810 5th St.,N.E., 560-6750, Soccer Nick Scarcella, 6051 Sth St., N.E., 560-2434, Soccer Dale Anderson, 5910 4th Street N.E., 560-1959, Soccer Jay Miskowiec, 6988 Hickory Dr., N.E., 784-1587, Soccer Dirk Paaverud, 7045 E. River Rd., 786-1984, Soccer George Hanson, 1476 Onondago St.,N.E., 784-5972, Concessions SOCCER Mr. Juan Salas was present to present his request for facilities to play soccer in Fridley. He stated that he would like to have two fields, one for the boys from 8 to 12 years old, and one for the boys 12 years old and over. Mr. Salas requested that the Commission ask the school to permit him to have use of their gym free of charge. He said that the school wanted him to pay $5.00 each time he used it. Mr. Brown recommended that they invite t3�e Athletic Director and Carl Larson from the school, to the next Commission meeting to discuss playing soccer in Fridley. PA�TI�N by Glaywc, �sec�nded 6y Cu..�dwe,�2, �a �see �,b �hey c._an ab�a,i.n �he wse a� �he gym �an �he bay�s �o �.�ay �acceh.. 7h.e mo�,i.on ea�vc,i.ed. ^ CONCESSION Mr. George Hanson was present to request that he be allowed to take over our concession stand at P�toore Lake Beach. He stated that he had a soft ice cream machine which he felt would appeal to the kids at the beach. He said that he had three teenage daughters who could run �he concession stand. Mr. Wagar said that he was not in favor or making a change at this time. Mrs. Caldwell asked if the City would come out ahead by letting Mr, Hanson take over the concession stand and taking a percentage of his gross. It was felt that this was feasible. Mr. Hanson stated that he felt that the City would get as much money as it made last year, if not more. Mr. Hanson mentioned putting in a trailer to handle more types of food, but the Commission did not like the idea. They felt that the beach looks better without a trailer being there. The Commission felt that they did not mind Mr. Hanson stopping by with his truck at perhaps a regular time, to sell his ice cream, etc., but that they did not want to give up the running of the beach concession at,this time. This item � was put on the agenda for next month when Messrs. Harris and Peterson will be able to discuss it also. � HORSESHOE LEAGUE � Mr. Blair explained that the Fridley Horseshoe League wanted permission to expand their facilities at Commons for playing horseshoes. The Commiss�on had no objection to this request. / � • . .. . � � � � . . �� . . � � . . � � � ^ , ' � -� � �ld' � Minutes of the Paxks F, Recxeata�on Commi,ssion Meeta,ng March 24, 1975 Page 2 M�TION by Ca2dw22,e, �econded by Ulagcuc. �� mcr,tch �he ex,i�s�,i.ng baci,Zi.t,i,e�s �an ha�use,ah�e ^ xlvcow�.ng a.t Cvmmavv� Pafr.f2. The ma�,i.�n catvc,i.ed. H.A.F. SUNUAY SCIiEDULING . Mr. Blair mentioned that we have been receiving letters from the pastors in Fridley complaining about the scheduling of hockey on Sunday mornings. He explained that this is being done by DiStrict #10. He said that the Hockey Association of Fridley does not do this, and that the boys do not have to attend any practice on Sundays, if they want to go to Church. Mrs. Caldwell�was asked to obtain the name of.the Coach who told a child that he could not play in the games if he did not attend the Sunday morning practices. The Commission felt that it should take a stand against Sunday morning games or practices. BABE RUTH UMPIRE FEES Mr. Brown discussed the fees for the Babe Ruth Baseball program this year. He said that the fee will be $18.00 and that the City will be paying slightly less for their share, than they did last year.. - NAME THE PARK CONTEST Mrs. Wyatt reported to the Commission the results of the Contest for naming /'� the remaining parks. The Commissioners looked over some of the entries and instructed Mrs. Wyatt to conduct the meeting judging the results. n ADJOURNMENT INOTIUN �a ad1�cvcve �he mee.t,i�.g c�t 9:00 �.m. The next regular meeting will be held on Monday, April 28, I975 at 7.30 p.m., in the Community Room oi Fridley Civic Center. Reminder: January Minutes Respectfully submitted, �a� dy Wy tt, Secr ary to tlie Commission BUILDIidG STANDARDS-DLSIGYJ CONTROL SUI3COMMITT�E OF MARCH 20, 1975 � Chairman Lindblad called the meeting to order at 8:00 P.M. r1ErtB�RS PRESENT: Lindblad, Tonco, Seeger rfSMBEP�S ABSLIIT: Simoneau OT�i�RS PRES'r'.IJT: Howard Piattson, Lngineering Aide MOTION, by Tonco, seconded by Seeger to approve the minutes of the Tlarch 6, 1975 meeting as written. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. l. CONSIDLRATION �F A P.E�L`EST FOR POOF SYSTEP2 ADDITIOr1 TO THE RIVERSIDE CAR WAS1I: LOCATED Oi1 TRACT U, 3:.L.S. ��19. TH� SA2-fE BEI:JG 6520 EAST RIVER ROAV I1 E, FRIDLEY, P�fIiII1ESOTA. (P.EQU�:ST BY P.OBEP.T SCHLEETER 6520 �AST RIVER ROAD, FRIDLEY, I�ZINNESOTA.) Mr. Leonard Samuelson represented the Riverside Car Wash in theix request. Mr. Samuelson stated that they are going to do over the pump island wit�: a precast concrete roof system. It will cover lanes 1, 2, and 3. The outsicle lane along Mississippi Street will not b e covered because of the set back from the property line and because of the tanker coming in to fill the tanks. The new roof system wi11 tie into the o1d building above the office and � overhead doors. � �4r. Tonco asked if the attendants booth was a permanent structure. :�Ir. Samuelson stated it did not have a footing but was just set in place for use by the attendants. Mr. Lindblad stated he would like to see the booth dressed up to improve its appearanee. rir. Samuelson said he would agree. The building is made of stucco but could possibly be dressed up with brick veneer. Mr. Tonco stated he would like �ir. Samuelson and Mr. Schleeter to put together a plan to dress up the shelter before going to Council. P4r. Samuelson agreed to the request. Mr. Lindblad stated that there were too many signs for this building at the present time. Between tYie roof sign and the excess square footage on the pylom there should be a better plan before going to Council. Mr. Samuelson stated he would work with rir. Schleeter on the problem before going to Council. Mr. Samuelson stated there was a limit of 80 square feet for sign usage. He stated that there s�iould not be a sign on top of the roof, and one does exist at the present time. � Mr. Lindblad stated he would like to see some landscaping on the South East corner of the property. Mr. Samuelson said at present the corner is used for snow storage . r1r. Lindblad stated he felt this was not a favorable area for snow storage and he would like to see a landscaping design before goinb to Council.. � }3UILDING STANDARDS-D�SIGYd COtJTROL SUBCOAg2ITT�E OF t4ARCH 20, 1975 Pg. 2 Mr. Tonco asked about the exterior of the existing building. Mr. Samuelson stated it was a Bedford stone. I-1r. Tonco asked about a refuse area. P4r. Samuelson stated there was at present a dumpster being used. t•ir. Lindblad discussed with P�fr. Samuelson the ice machine whiclz is now located in the front of the building. He stated he would like to see it moved on the side.of the building. MOTIOi1, by Tonco, seconded by Seeger, to recommend approval of the request with the following stipulations: l. Scree-:;ing be provided for a refuse area. 2. Landscaping plan be presented before Council for the South East corner of the property. 3. Removal of the existing ice machine to the side of the building. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST FOR LAPdDSCAPING WOEI:: LOCATED ON ^ PAI?CEL 4850 & PT. OF PARCEL 4800, SECTIOi�1 14: THE SAME BEIidG 410 i�iISSISSIPPI STP.EET i1.E. , FP.IDLBY, T�Ic1i1ESOTA. (REQtiEST BY ANOKA COUNTY LIBRARY BOARD 707 HIGRWAY 10, BLAIYdE,. ?�'IIIINESOTA.) i1s. Marian Paulsen, Assistant Director of the Anoka County Library and Mr. Christopher Dietrich, Ar�hitect for the new library from the firm of Freerks, Sperl, and Flynn. • Mr. Dietrich presented a plan of the landscaping for the library. Mr. Dietrich stated that the majority of trees shown on the plan were already on the property and that they definitely planned to save as many of these trees as possible for the germanent landsca�ing plan. rir. Lindblad asked what they planned to put in to aaa to the landscaping. 24r. Dietricli stated that they plan to use several mountain ash trees, ground cover among the trees consisting of periwinkle, which is a woody evergreen creeper noted for it's Ulue flowers. All the remaining areas will be sodded. Mr. Lindblad asked about a bike rack and its location; Mr. Dietrich showed � the location on the plans. Mr. Dietrich stated that when the liUrary is completed they would like to ^ do more landscaping if the financing is available. • , ..�+:.�r... BUILDIPIG STANDARDS-D�SIGYd CONTROL SUBCOMMITTEE OF MARCH 20, 1975 Pg. 3. � MOTION, by Seeger, seconded by Tonco, to recommend approval of the landscaping with the possibility of a few additional shrubs being added upon completion of the building. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. Chairman Lindblad adjourned the meeting at 9:15 P.M. - P.espectfully submitted, ��4 AP.LENE L . STIITH Secretary � � . �� 1. /� 0 � �� . .�• . -., THE MIZJUTE5 OF TIi� BOARD OF APPEALS 5UBCOMMITTEE MEETING OF APRIL`2, 1975�- The meeting was called to order by Chairman Drigans at 7:35 P.M. MEMBERS PRESENT: Drigans, Gabel, MEMBERS ABSENT: Crowder, Plemel OTHERS PRES�NT: Howard Mattson, Wahlberg Engineering Aide MOTION by Gabel, seconded by Wahlberg, to approve the minutes of the March 11, 1975 meeting as written. Upon a voice vote, there being no nays, the motion carried. �� A REQUEST FOR VARIANCES OF THE FRIDLEY CITY CODE AS FOLLOWS: (1) SECTION 205.135, 1, E1, TO ALLOt7 OFF-5TREET PARKING WITIiIN THE REnUIRED 20 FOOT FRONT YARD, AND, . . __ _ (2):SECTION 205.135, 1, E4, TO ALLOW OFF—STREET PARKING WITHIN ZERO FEET OF THE MAIN BUILDING INSTEAD OF SET BACK THE RE�CUIREll 5 FEET, AND, (3) SECTION 205a135, 1, E2, TO ALLOW OFF STREET PARKING IN MORE `,'IiAN 2/3 OF TF3E REQUIRED REAR YARD (FROM 4090 SQ. FT. TO 5546 SQ. FT.), AND, (4) SECTION 205.135, 1F, 4A, TO ALLOW THE DRIVEWAY PAVEMENT TO BE WITHIN ZERO FEET OF A LOT LINE INSTEAD OF SET BACK THE REQUIRED 5 FEET, AND, (5) SEC^ION 205.134, 4B, TO REDUCE THE SIDE YARD SETBACK FROM TF;s: REQUIRED 20 FEET TO ZERO FEET, AND, (6) SECTION 205.135, 1, E3, TO ALLOW OFF—STREET PARKING TO BE LdITHIN ZERO FEET OF A LOT LINE INSTEAD OF SET BACK TIiE RE�UIRED 5 FEET, AND, (7) SECTIOPd 205.135, 1F, 4B, TO ALL06� THE DRIVEWAY PAVEMEI�FT TO BE WITHIN ZERO FEET pF THE MAIN BUILDING INSTEAD OF SET BACK THE RE UQ IRED 5 FEET, ALL TO ALLOW THE CONSTRUCTION OF A SPECULATIVE BUILDING TO BE LOCATED ON LOTS 1 THROUGFI 5, BLOCK 2, ONAWAY ADDITION, THE SAME BEING 7880 ELM STREET N.E., FRIDLEY, MINNESOTA. (REQUEST BY PACO, INCORPORATED, 5920 KIRKWOOD LANE, MINNEAPOLIS, MINIdESOTA 55442.) MOTION by Wahlberg, seconded by Gabel, to remove this item from table. Upon a voice vote, there being no nays, the motion carried. Mr. Jerry Paschke, Paco, Incorporated, was present to present his request. Chairman Drigans said this request had been tabled at the last meeting to allow the staff time to review this plan again with the applicant, to try and reduce the number of variances, and also to get a clarification on two of the variances. Mr. Mattson stated that the staff has held several meetings with Mr. Paschke and a few things have been resolved. Chairman Drigans asked if there has been a reduction in the number of variances. Mr. Mattson stated that Variance #7 does not exist on these plans, so it should be eliminated. He added that it would be a part of the request if there was a zero lot line building an the adjoining property. Mr. Niattson added that Variance #4 is eliminated as Mr. Paschke has agreed to move the two driveways (front and back) away from the lot line to meet Code. Mr. Mattson said that Variance #3, which was one the Board wanted clarified, is a requirement that has been mistakenly overlooked before, and has not been enforced on the other buildings in this area. Mr. Mattson said Variance #2 has been changed; the request reads to reduce off-street parking to within zero feet of the building (on both the back and north side) but Mr. Paschke has agreed� to put in a 3 foot sidewalk along the back and north side of the building so the request now will be asking for a reduction in setback from 5 feet to 3 feet. Mr. Mattson explained that Variance #6, which the Board had asked to be clarified, is to allow off-street parking to be within zero feet of a lot line and is located in the back yard adjoining the alley. He explained that the Code reads that there should be a planting strip along an alley. Mr. Mattson stated that there were no questions raised on Variance #1 and Variance #5. � . �;z ;�: ' Page 2 The Minutes of the Board of Appeals Subcommittee Meeting of Apri1 2,`1975 Chairman Drigans said that the Board also had asked that hardships be stated for the variances requested. Mr. Paschke stated that on the variances that remain, Variance #1, that is asking for parking in part of the required front yard (79th Avenue), could be eliminated unless the Board feels agreeable, as there are enough parking stalls to meet Code without counting this parking. Mr. Paschke added that he had measured the setback for the building to the west (along 79th Avenue) and it measured 35 feet from the street to the building which includes the 18 foot boulevard. Mr. Paschke said that Variance #2, to park next to the building, could also be eliminated by installing a 5 foot sidewalk along the building but they would rather install only a 3 foot sidewalk and retain more of the parking space. He said a 3 foot sidewalk is all they really need to keep the cars from hitting the building and also for the use of a sidewalk. Chairman Drigans asked if by angling the parking. stalls, would more spaces be created. Mr. Paschke said it wouldn't create more spaces. Mr. Paschke added that the plan shows a driveway off from 79th Avenue which they are going to eliminate, which will allow one more parking stall to be created in the back. Mr. Mattson stated that it was brought out i;� the meetings the staff had with Mr. Paschke, that the reason he did not want to cut down his building was because it is made up of 40 foot bays. Mr. Paschke said that if you cut off 10 feet from one bay to shorten the building, it makes it harder to lease the bay. He said the building can be leased to just one tenant or up to four tenants. Chairman Drigans asked if certain parking spaces were assigned to each bay. Mr. Paschke answered that they were not. Mrs. Wahlberg stated she would like to go through the variances again. n Variance #1 is for parking in the 20 foot front yard and she said that if the Board decides the parking should remain, then this variance will have to be considered. Variance #2 is for parki,ng next to the building and she said this could be changed • to 3 feet from the building with the addition of the sidewalk. Variance #3 is to allow parking in more than 2/3 of the rear yard. Mr. Mattson said this has been overlooked on the other buildings. Variance #4 is for allowing the driveway pavement to be up to the lot line, and , she said that this variance will be eliminated by moving the driveways over 5 feet. Variance #5 is to allow a zero side yard setback along the south lot line. Pir. Mattson added that if this had been the only variance needed, the request would not have had to come before the Board as long as there was an agreement between the two property owners. Mr. Paschke said they did have an agreement with Ballantine, arid this agreement was shown to the Board. Chairman Drigans asked what would happen if Ballantine sold their property and the new owners didn't agree with the zero lot line. Mr. Paschke said that the agreement is made a part of the property and is a part of the sale. Variance #6 is for allowing off-street parking next to a lot line and she said this was along the alley. Variance #7 is for allowing the driveway pavement to be next to the main building and she said this variance is not necessary for this plan. Mrs. Wahlberg said the Board needs to decide whether they want the parking on the north side to be eliminated or not. Mrs. Gabel asked what would be put in this location if the parking was eliminated. Mr. Paschke said it would be sodded. Mrs. Gabel said she would like to see the area sodded but she added that possibly � the parking would be necessary for the future. Mrs. Wahlberg asked if the building to the west has parking along 79th Avenue. Mr. Paschke said that they did. MOTION by Wahlberg, seconded by Gabel, to close the public hearing, Upon a voice �� . I - , , • . � -r*�r , � � ,,, Page 3 The Minutes of the Board of Appeals Subcommittee Meeting of April 2, 1975 vote, there being no nays, the motion carried. �� MOTION by Wahlberg, seconded by Gabel, to receive the agreement between Paco, Inc., ^ Ballantine Industries, and Advanced Heating, for a zero setback from the south lot 1ine. Upon a voice vote, there being no nays, the motion carried. Chairman nrigans said that if the Board was to deny the parking on the north, and since this is a speculative building, the owners could turn around and ask for the parking at a later date if it becomes apparent that they need it. He said he has no feeling either way. Mrs. Wahlberg said if the sidewalk is installed on the north, it will move the parking stalls closer to the lot line but it wouldn't increase the variance for parking in the front yard. She said she has mixed feelings on this and added that technically there will be sufficient parkinq stalls if the parking on the north was eliminated. Mr. Drigans said there will be expense to the petitioner to put in the parking and sodding wilJ be less expensive. He added there might be some type of warehousing that would need more parking and he would rather see them put in this parking than to park on the street. Mrs. Wahlberg said in the long run, it is better to go along with the parking now. She said from an economic standpoint, it will be cheaper to install it now rather than later. She asked if there were any stipulations from Building Standards as far as the green area along 79th Avenue was concerned. Mr. Mattson said the minutes of the Building Standards meeting just state to see the markings � on the plan. He added that there is some berming noted on the plan. Mr. Paschke stated that there are existing trees in the boulevard along 79th Avenue. MOTION by Wahlberg, seconded by Gabel, to recommend the following to the City Council; approval of Variance #l, to allow off-street parking within the required 20 foot front yard, with the understanding that the building will eliminate the driveway on 79th Avenue and move the one parking stall as shown on the plan; and, approval of amended Variance #2 to reduce the off-street parking setback from the main � building, from 5 feet to 3 feet, with the installation of a 3 foot sidewalk to be built as a buffer along the north and west sides of the building, and, approval of Variance #3 to allow off-street parking in more than 2/3 of the required rear • yard, because an accidental precedent has been set, and, denial of variance #4 to allow the driveway pavement to be setback zero feet instead of the required 5 feet from a lot line, as the petitioner has agreed to move the driveways 5 feet away from the lot line, and, approval of Variance #5 to reduce the side yard setback from the required 20 feet to zero feet, because the petitioner has an agreement for the zero side yard with the adjoining property owner, and, approval of Variance #6 to allow off-street parking to be within zero feet of a lot line instead of setback the required 5 feet as this adjoins the alley, and, no action is necessary on Variance #7 to reduce the required setback between driveway pavement and the main building from 5 feet to zero feet, as this variance is , not required with this plan. Upon a voice vote, there being no nays, the motion carried. The meeting was adjourned by Chairman Drigans at 8:30 P.M. �'"'1 Respectfully submitted Mary Hintz Secretary , _ �,�•f.... - I OFFICIAL NOTICE n CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM TT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley, in the City Hall at 6431 University Avenue Northeast on April 9, 1975 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a rezoning request, Z0A #75-Q2, by Wyman Smith, attorney for Richard Povlitzke and the Fridley Frontier Club, Inc., to rezone from C-1 (local business areas) to C-2 (general business areas), Lot 1, Block 1, Walnut Additon, all lying in the North Half of Section 12, T-20, R-24, City of Fridley, County o� Anoka, Minnesota, /� The purpose being to bring the existing use of the property into a uses permitted category of the City=,s Zoning Code. Generally locate�l at 7365 Central Avenue N.E. � /`'1 Anyone desiring to be heard with reference to the above matter may be heard at this meeting. RICHARD H. HARRIS CHAI:RMAN PLANNING COMMISSION Publish: March 26, 1975 April 2, 1975 0 � CI'f1' OF FRIDLL•1' I�fIN�I:SO'TA PLANNING ANU ZONTNG 1�ORi�f NU�ii3�:[t 'Zpl�r ��=0'�.- APPLICA��7''S SIGNATUftIi Address �V " TcicPiionc Numher l�r�� 1... _ � � f � Pi20PE[:'1'Y (�IdNER' S SICNIITU}tC "�"`� Address r% � (� � �` ��^/�`�� Telci�honc Numher �� G,% � �� .._. 5treet. Location of Propexty Legal Descriptioii of Property Za� � 5-� G � �� TYPE OF IiEQUCST � Rezoning .__.__._._._-. Special Use Permit Approval of Premin- i�iary F, I�inal Plat Streets or Allcy Vacations Other �ee C% R eipt No-�� i� �� Present Zoni..�g Classification �'" � �xisting Use of Propertv�.��- '- . . � G"�v� ° ��"""`.L7 Acre��ge of Property -�'� C'`"��'�`� escrihe briefl}� the proposed zoning classi.fication . � / / � i�l i2�-� ��'�G°�� l� or typ� af use and improvement �fruposed C � � _ � �Y✓ � , �� , � � ` . .�� (T'lJ�'��' � � � r Z � las the pre�cnt aPp �cant previously sou�"t to rcz ne, plat, obtain a lot split or va��iance or special use permi.t on thc sul�ject site or part of i.t? yes ,�' no. NThzt was rcqucsted and �ahen? �'1 7'he unct�rsisncc3 understands that: (a) a list of all resi.dents and owners of property wittiii� .i(1O i'eet: (3S0 feet for rezonino� Il1llSti �)C attached to thi.s applicatioi�. � (b) 7'his ap}�lication mt�st be signed by all o�aners of the j�roperty, or an explan.ition givetz ti:hy tliis i.s n��t tlic czsc. (c) Responsi.bility for any defect in thc pxoccedi�l�s xcsulting from thc fail.ure t:o li.st thc natnes anci aJc�i�esses of all. residents and propci•iy o�.'ncrs of propcl•ty iii c�ucstion, l�elongs to tlie uncicrsigned. A sketcli of ��roposecl property and structure must be dr.iwn ancl attachcd, sho�ain�; the follo�t ing: 1. I�o�•th (�ircction. 2. Locati.on of pro��oscd structt�re on t}ic lot. 3. llimcnsiotis of pi•oi�erty, I�roposed str�.ictui-e, ,and front anci side setbacks. q. Street N.ii��es. 5. Loc:itia�i anci usc of adjaccnt cxistin� buildings (witliin "sOQ feet) '1'i�c uncicrsi f;ncd hcrcby dccl.i�•cs that all �pplic:iti n ar truc ancl corrcct. p,�•�•L � 7 SIGtiA•ruur:�� (� Q�tc l�ilcd [)atc of ticari P2:mnin�; Commission Approved (Jates) Ucni.ecl City Council A��pi•ovccl� (datcs) Denicd '`�",'�' : t = n MAILIi�G LIST ZOA #75-02, Vvyman Smith, Attorney for the Fridley Frontier Club Rezone from C-1 to C-2 Wyman Smith 1250 Builders Exchange Building Minneapolis, Mn 55402 Richard Povlitzki 7365 Central Avenue N.E. Fridley, Mn 55432 Walter & Floyd Gustoson 7410 Central Avenue N.E. Fridley, Mn 55432 Real co W. G. Doty 6441 University Avenue N.E. Fridley, Mn 55432 Arline E. Saba 7345 Central Avenue N.E. Fridley, Mn 55432 � Melroy Kaugerud 735b Hayes Street N.E. Fridley, Mn 55432 Mr. & Mrs. Albert Pomper 7370 Hayes Street N.E. Fridley, Mn 55432 Evert Swanson 7325 Central Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Laurance McCabe 7328 Hayes Street N.E. Fridley, Mn 55432 Mr. & Mrs. Donald Harland 7342 Hayes Street N.E. Fridley, Mn 55432 Jeanette Bogie � 7300 Hates Street N.E. Fridle.y, Mn 55432 Mr. & Mi�s. Robert Grant r.,� 73}4 Nayes Street N.E. Fridley, Mn 55�32 Planning Commission_ �- a�" 7� _ _ Council _,_____.___._� Mr. & Mrs. Clarence Fosse 1367 73rd Avenue N.E. Fridley, Mn 55432 Gretchen M Smith 608 South 9th Street Minneapolis, Mn 55404 Jenney M. Berg 1335 Onondaga Street N.E. Fridley, Mn 55432 Michael W. Bayer 1381 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Michael Kohlrusch 1398 Fireside Drive N.E. Fridley, Mn 55432 Mr. & Mrs. Dennis Czech 1395 Onondaga Street N.E. Fridley, Mn 55432 Charles A. Bitzman 455b Tyler Street N.E. • E�inneapolis, Mn 55421 Bronson Erickson, Inc. 3231 Central Avenue N.E. Minneapolis, Mn 55418 f�r. & Mrs. Robert Carlson 5214 36th Avenue N. St. Petersburg, Florida 3371U Mr. & Mrs. John Dickenson 1360 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Lloyd Knu�son 1366 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Chester Cole 1382 Onondaga Street N.E. Fridley, Mn 55432 � I . . �. Mailing List Pa9e 2 '�4 ZOA #75-02 Wyman 5mith, Attorney for Fridley Frontier Club Rezone from C-1 to C-2 _ _ _ _ _ — � — --- ^ _----- Ray J. Fosse 1390 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Robert Soli 1420 Fireside Drive N.E. Fridley, Mn 55432 II� Dwayne R. Vanstrom I 1400 Fireside Drive N.E. �, Fridley, Mn 55432 i Mrs. Fern I1 Hamersma 1405 Onondaga Street N.E. Fridley, Mn 55432 Mr. & Mrs. Raymond Buechele 1425 Onondaga Street N.E. Fridley, Mn 55432 � Mr. & Mrs. Elmer Hollatz 7395 Hayes Street N.E. Fridley, Mn 55432 - � William Rankin 7385 Hayes Street N.E. Fridley, Mn 55432 Mr. & Mrs . James fii nri chs 7355 Hayes Street P�.E. Fridley, Mn 55432 Mr. & Mrs. James Buchanan 7371 Hayes Street N.E. Fridley, Mn 55432 . I�JL & S Investment Company' 7500 University Avenue N.t. Fridley, Mn 55432 � . • . 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G 16A5 1RVING JUSTER OF GOU NSEL Mr. "iasim Quereshi. Zoning Adminis�crator City of Fr�dley 6a31 Univ�rsity Ave�ue N. �. Fr�dley, iiinnesota 55432 P'!arch 19, 1975 � SU ITE 1250 BUILDERS EXCHANGE BUILDING MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 339-148t SUBURBAN OFFICE 644t IlNIVER5ITY AVENUE N.E. FRIDLEY. MINNESOTA 55432 TELEPkIQNE 560-6870 Re: Frontier Club - 7365 Old Central N. E. Lot 1, Slock 1, Walnut Addition Anolca County, P�iinneso�a Dear Nasi�n, � � � Please consider �his letter a formal request in behalf of Marlene Povlitzki and Richard Povlitzki for a determination by you as Zoning Administrator as follows: r�lihoug� tne captiored property is zoned C-1 undzr Chap�er 45 of the Fridley City Code it ap;�ears that saia property has a non�conforming use under Section 45,1�1 a-; tihz Ci-�y Code for use as a tavern, beer garden or bar s�rving aicoholic beverages on the premises. v�S/a � Yours truly, `� ✓ ' � 4.�yman Smi th Attorney for Richard and Marlene Povlitzki and Fridley Frontier Club, Inc. � x '1[� ^ MEMORANDUM T0: hASIP� QUERESHI ZONING ADP9INSTRATOR CITY OF FRIDLEY FROP�: !•lYf�Aid S, ITH ATTORNEY FOR �R. �iND M�S POVLI7ZKI SU3JECT: °�0�!-CO��FGRMING US� OF 7305 Old Central N.E. �RT�: MARCH 19, 1975 This rr,e;nora�;dum accompanies a requesi for your det�:rmination that a non-conforming use exis�s "as a tavern, i�eer garden or bar serving alcohoiic beverages on t�e premises.�� As you know my clients believe that the zoning problem is a part of the evasion that you and other members of the adm;nistrative staTf, iegal counsel and some rnempers of the City Council have used to.deny and delay a 7icense and vio7a�e �heir civil rights. � �Qn February 17th whe;� I a�dressed the City Council I had no4 investigated the toning c;ues�ion because my primary concern was to discuss the relevant 1ega1 issues involving the role of the Council under present day law in handlin� liquor licenses. On Tuesday, t�arch 18th, I researched the question and concluded: 1. Sec�ion 45.151 of the City Code sets forth the regulations as to non-con�orming uses and structures. That section in the present code «as adopted in November 1969 but is a rewriLe of the previous zoning ordinance whicn :.`, was then set fort� in Section 45.2Q1 to 45.209. 7hose sections of �he code came from Ordinance Wo. 70 which v�las adopted on December 29, 1955. It in turn has his�cory in Ordinar�ce �53 adop�ed August 24, 1�53 replaczng Ordinance #24 which was adopted Augus� 15, 1949. 2. The f�1unicipality of Fridley was using the pr2mises in question from sometime in 19�0 until Decemoer 31, 1956 as an on-sale liquore store. From some date early in 1957 the �remises has been a tavern, beer;garden, ana 3.2 beer establishment. It has had a set-up license since sometime in 1962. The Povlitzki's have had licenses and been in possession since sometime in 1963. 3. Section 45.102 of the present Fridley City Code excludes certain uses in C-1 districts , viz.. � E3. Taverns, beer gardens or bars serving any alcoholic beverages on the premises. 0 w � 70: i�aASIf� QUERESNI •MEIRCH 19, 1975 Page -�- n. .',.? beer is defined in Minnesota Statutes as an alcoholic beverage. f�I.S.A. Sec. 340. � 5. The present City Code in Section 45.02 (44) defines nonconforming _ use: tlny bui7ding, structure or land layvfully occupied by a use or la:�rfully situa�ed at the tim� o� �he �assage of �his ordinance or amendmert thereto, t�rhich does not conform after the passage of this ordinance or amendmen� thereto with the regulation of this ordinance." 6. It appears imnerative tha� you need to construe the present use of the property (as a tavern and as a place serving alcoholic beverages) «s ex�sting and ron-conforming. ihere is some meri� in my clien�s' contention that if there is a zor,ing problem ' ii is a crea�ure of �he munici�ali�cy. iz de�ermined the zoning. Apparently no one includ-ing Lhe owners, the owners` at�orney, the City Council, the police, the city sta�� were aware of the zo�ing dzfec� un�il the puplic works director discover�d the same as indicated by his renorti to you in a memo daied March /"K, 19"/5. At least sucE� an observation suppor�s the d2termination requested. The use of the pronerty from 1950 to the present has been for the serving of alcoro'�:c b�verages. The alcoholic proof has varied from 100 proof ta 3.2 but it was still alcohol. I have examined the legal authorities on non-conforming use and find no rulinqs inconsis�ent wi-th this rec�uest. � 1t has bce� held that one entitled to a non-conforming use has a right to re�air, res�ore and realace structures in conneczion with tlie use, to engaae in uses nor�ally incid�ntal and auxilliary to the non-conforming use, and to modernizz and employ improved instrumentali�ies in connectiof� with such use. (Seciion 25.2GO Par. 8A, R1unicipal Cor�oration, 1965 Revised, '1r. Quillin) A hiinneso�a case supported the principal that an ownzr can modernize faciTities and employ improved instrumentalities in connection with a non-con�Forming builoing or use. ;�a!•,kins v Talbot, 248 Mn 549 80-�(2( 863. In the �event that you re�use to make an affirmative determination of the request I would want the ruling submitted promptly to the Board of Appeals as provided � i i ( . �TO: NASIT9 QUERESHI i�RCli 19, 1975 r «c�e -3- in Section 45.182 of the Fridley City �Gode. The o��aners.in order to comply �tith new res�aurant requirements for a liquor licer�se v�rill not be making any exterior structural additions to the premises. , }° � ,/1 � i I a' �� LAW OFFICES Iti71�i.+=.�r.A. ii_�y t� tilJ ti'J ..'L,�J..`�lZ. P.?�✓ J�l.��J1L.'ri�~�dJl��ti� . C{�IAF2"CEREU �[�� (�rT L/;� 17A�.�l.Jj9�7��1 V�� JxL��L�J��°11':4��.11L�lJ� \1.�+�..'��1J.1'�:%-J..�'�. 6p'V .l V''��+y''il��7 A ' l �JY�AAN SMII'F! LE�C�NAFt� T. JUSTE�t }{Eil�ZY H F F_If<EMA Al_VIA: �. P.dALi�101�i ROPSALD !_. HP.`>KVI'1'Z .1nvFS R. CnSSERt_Y CARL J. i`E�'1QUIST ASSOC I AT ES h9AKK [: NAGGEFtTY ALI.EN N. GtE3AS �R�'ING .JUSTER OF COUPi�EL � ^ rlarch 20, 1975 so 5UIT4: i25� QUILbF=RS E�Y.C:inNGe: esUil_DING M!\N4A"OLI �. MINIE�;UI'f� SS<02 TI=LEFHONE 339-148t SIiEiURcsArl U=FICE 6dAt UNIV�RSII"Y AVENUF N.E. FRIDLLY. MINNESOTA 55C32 TELEPHON� 560-0870 T0: The Mayor and Counci1 h1embers of th° City of Frid1ey, IN RE: Fridley �rontier Club request for reservation oT liquor license My Qea.r Friends: - � � On t��ednesday- T del ivered to Nasim, ��ri th a copy to Vi rgi 1, of a request and memo �'or a non-conforming usz determination. I send this to you because I will not be presnnt if the matter is discussed at a future mzeting. At thi s poi n � I do not knotAt �vhat U i rgi 1 i s goi ng to rul �, bu�t I have been advised and �vou1d expect him to accept this theory. I have sent him a half a clozen cases from vario��s parts o-F the Country t'nat indicate sunport. �do case is going to be so exact as to im;olve thz same kind of lar.guage. t�^y theory i s tha-t the use i s the same ancl t�at a11 ��re have i s an exte��sion of the kind and quality a�d assor�men�t of Tood and the kind and quali�ty and assortment of alcoholic bevera�e. In many ways th� notion to cnange the zoning fror� a neighborhoo� sho;�p�ng center �to a general sho�ping center seems inan�ropriate. So that �ction of ihe app�ticant is not a cause for delay, I have paid �40.00 to D�rre1 Clark and hav2 made an ap�lication for th° rezoning. That, o�f course, is going . to in'volve giving netice to people in the surrounding area who are certain1y � as ignorant of any zonit�c� c{e�fect as "�1r. Povlitzki, I e��oul�( think yo,ar interest and �tfie con�munity interest iv�uld be besi, served �•ti Lhou�t stirring uo the zan�ing issue. . . � The earliest pl�nning co�j,;nission meeting�ti��oulcl be April �9, 1975. I►�rill not be able to be presen�, and if tF�at is th` rou�t� ti�e ma�tter ta�es, soijieon� e1 se i r� my o�ff i ce t��i 11 app�ar f or Mr. ancf htrs . Povl i�tz ki . I am sendiny a copy of ihis letter additionally to Virgil ai�d to f�asim so that they may knotv my r�emarks to eacl� or you. Have a happy Easter. I�tS/bE: cc; P�lr. and tfr�s. Povlil:zki Yours �ruly, � � Wyrnan Smi th _ I' 242 . ,� � ��}--': � i PUaLIC NEARING MEETING OF JANUARY 13, 1975 PAGE 3 I of the ordinance of the City as they are now. Mr. Schroer answered that he had been in /'1 I business in the City of Fridley for fifteen years and he is very aware of the many stipulations and codes he may have to comply with. He stated, whatever the City stip- ulates, he would agree with. Mr. Kenneth Sporre, 301 Ironton, addressed the Council and recalled at the last meeting of the Council a proposal was made for a large development in the same area as the proposed operations: He thought this may be at the same intersection and asked how this type of situation would be handled trafficwise. Mayor Nee commented the traffic situation wouid have to be considered. Mayor Nee asked if there was anyone else who wished to address the Council and there was no response. , MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing on the matter of an on-:>ale liquor license application by Mr. Robert Schroer closed at 8:16 P.fL C NEARI�I? ON ISSUIP,G AN ON-SALE LIQUOR LICENSE TO RICHARD DUANE POVLITZKE OLU CE •iRAL AVEflUE N. c. _ FRIDLEY FRODl1'IER CLU6, IfdC. : �Nlr tdym�n Smith, Attorney for Mr. Richard Povlitzke, addressed the Council and said Mr. Povlitzke and his wife are the sole stock holders in the Fridley Frontier Club, Inc. i•ir. Smith explained this building t-ias presently licensed for 3.2 beer sales, tavern and set ups. The seating capacity of the facility is 357. ::r. Smith said he had been told by t�1r. Povlitzke that it is very important that he obtain a liquor license. Ile explained that there had been some modifications made to the operation, and more would have to be made. There had been some kitchen facilities in the past and these could be replaced. ^ Mr. Smith informed the Council that h1r. Povlitzke and his wife and family had been in Fridley for 14 years and he felt he had done good job in remodeling the building. hle further pointed out that the building occupied by the frontier Club was the first liquor establishment in the City of Fridley. Qui7t by the 6ottwaldt Brothers, in 1950, the buildinq was t��ithin the big shopping center in the City of Fridley at the time. ile mentioned this �t�as before the rerouting of T. N. �65. i•ir. Smith said he had recently.visited the business and pointed out that the inside and outside of the building had been remodeled and is quite attractive. Mr. Smith said he did know with his association with the City that Mr, Povlitzk2 had had . some police problems with running the tavern, but he did not feel that these problems were in excess of any other operation of this type. t;e pointed out that he had maintained the license for 14 years. �ir. Smith said he believed the obtaining of a liquor license would upgrade the operation from a drinking place to something better and be an improvement to the comanunity. ��ir. Smith pointed out that Mr. Povlitzke was born in Plorth Dakota. . Mayor Nee questioned the proposed plans for fihe building. 'r•ir. Povlitzke said plans had been drawn up and he had given them to the City. He said a kitchen area would be added on, and basically, everything else would remain the same. . Gouncilv�oman Kukowski asked if it would be possible to install additional parking facilities. . t4r. Povlitzke said the City had quoted him an amount to meet the requirements to be 91 cars. Council��oman Kukowski questioned if this would be the property require- ment. The Public lJorks Director indicated that according to the present building code, the seating capacity of 333 a�ould be divided by four which would be in the - area of 90 cars, but with the existing restaurant facilities in the City where this criteria is being used, this is not adequate,parking. The City Manager said this parking question had been discussed in Oecember of 1974 "and it (�ad been determined in the case of a.restaurant, that the parking requirement may be more inline with one stall per every two places in the seating capacity. � � tie said they thought that the operation with liquor would need more parking than the ; normal comnercial operation. , � Councilman Breider questioned the type of inenu that is currently proposed for the restaurant. t�tr. Povlitzke said they are 5erving hamburgers, and cheesburgers, etc. � at the present time, but would enlarge the menu. Councilman Breider asked if it � � � �� i I � � ' _.__. __ _----_-- ____ J G ri �i �"�.. � � v PU6L1C NEARING MEETING OF JANUARY �3,1975 • PAGE 4 52 would be a more sophisticated menu when the restaurant facilities are installed and Mr. Povlitzke said yes. ^ �4ayor Nee said he had been told the Frontier Club had not complied with many of the agreements that were made with the City. Ne questioned what some of the items of , agreement were to have been. The City hianaget^ called on the Public Works Director for these specific items that had been agreed upon �•�ith the original remodeling of the facility. The Public tJorks Director mentioned the storage building tdas to be ren�oved, and this had been done. He said the area was to have been paved with additional parking added, Ne said the landscaping had not been done on �nondaga. Mr. Povlitzke said he had intended to complete the items in the agreement, but was not making enough money to co�nplete the conditions. He said he was not aware of anyone else who ��as taking out their outside parking and putting in trees. E1r. Povlitzke informed the Council that it tvas not possible for him to move the storage building until the hard��lare store had moved. He said when they r�oved, this was taken out. The City hlanaqer asked if there t•ras a completion date mentioned in the agreement. The Public 4:orks Director s�,id the agreement did not indicate this. I�layor Neeasl;ed Mr. Povlitzke the amount of the investment. I�r. Povlitzke said $50,000. i•layor Nee asked if �vhen the work is done, �aill this end up to be a night club. t4r. Povlitzke said yes, a night club a�ith entertainment and ,t lounge. Mr. Povlitzke said it would be like the Shore��ood. Councilman Starwalt questioned the time table for the proposed additional facilities. He mentioned this would involve the incorporation of a fu11 line of food �ccording to the present ordinance. He again asked the time table for the construction. Mr. Povlitzke said it would be completed in three months. Gouncilman Breider asked if there would be any plans to remodel the facility or upgrade ihe furnitut•e. �ir. Povlitzke said he may get nev� furniture, but he believed the inside of the building is as nice as it could be. � i-4ayor Nee asked if the hearing vras to be continued, could f�r. Povlitzke furnish more plans? Mr. Smith ansarered, �rould it help if they provided photographs of the building. Councilman Starwalt said he had seen the interior of the building, and • it had been extensively redone. He said he was trying to compare the dining facility and the changes that would have to be incorporated. t•9r. Dennis Schneider, 6190 Stinson Boulevard, addressed the Council and indicated that he had a question concerning the items i:hat would appear on the menu. ne asked if the menu would be comparable to tl�at of the Shoreti��ood or would it compare more tvith the operations in Plounds View like the Launching Pad or the Ptermaid. ,•tr. Povlitzke said it would compare �•�ith the Mermaid and the Shorewood in that food, liquor and enter- tainment would be provided. The City Attorney questioned if the dance floor would reroain in sufficient area. Mr. Povlitzke said yes, they could save the dance floor. 'ihe City Attorney asked if this would be as large as it is at the present time and Mr. Povlitzke said yes. He questioned if there would be enough square feet if it is � left the same with the proposed seating capacity and Mr. Povlitzke said yes. htayor Nee � ked if there were any other camments from the audience concerning the application. Mr. Povlitzke invited the members of the Council to visit his business. He said he would like some explanation of what the members of the Council would like to have done in the line of the dining area. He said he was thinking of leaving the operation in one large room. Mayor Nee said it would have to be demorrstrated to the City where the parking would be. He said it would be possible to cantinue the public hearing. ' � Mr. Smitfi said he saw no reason to continue the hearing. He said it could be closed � and if the question of the parking or other facts could be met by the conditions of the �1 license and the plans could be revised. Fle said th e construction plans would have to be reviewed by the Subcommittees and come back to the Council. . . Mayor Nee said it would be in order to receive the report from the Public Safety Director along with this hearing item. . �_ _. _ ._.. _._... ___:._. . __.__. ._.. __. _ . �.. . -----_.: _ _...---__ __ _...�._..._... _ _.. ___ :� E � � PUBLIC FIEARING MEETING OF JANUARY 13. 1975 � PAGE 5 i�OTION by Councilman Starwalt to receive the documents from the Public Safety Director, ��Ir. James Hill, concerning the liquor license application of 11r. Itichard Povlitzke and the Frontier Club, Inc. dated January 13, 1975. Seconded by Council- woman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Breider to close the Public Nearing. Seconded by Councilwoman Kukowski. �pon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:47 P.t4. PUBLIC HEARING ON FIPaAL PLAT, P. S. n74-06, ZANDER'S FIRST ADOITIOP�, QY DAILEY H0�4ES. 1NC., LOCATED SOUTH OF 61ST IIVENUE BETt�lEEF! �EPlJAt4IN STREET AND I•1CY.INIEY STREET: The Public Safety Director pointed out a plan of the proposed plat on 4-A of the agenda book. Mr. Sobiech read the stipulations �vithin the minutes of the I'lanning 'Commission from the agenda book and briefly explained the reasons behind the stip- ulations concerning the easements. . Mayor Nee qeustioned if the City would be responsible for damage if the storm drainage plan does not work in this case. The City Attorney answered this would only be true in ttvo cases, one, if the planning of the system was not adequate, or secondly, if there ►•�as negligence in laying out the system, or the maintenance of it. Ne said in a natural situation ►vhere there a�ouid be a great deal of water and increased runoff, the City would not be held responsible. ��ayor Nee asked if the drainage__ plan would be less than adequate? The City P4anager said no, he felt the plan 4ias fine and is eomparable to a�hat is required by other developers in other parts of the City. Ne felt this consideration was raised because of the concern af the man on the northwest side of the property. The Ctiy J�ianager said the plan for the area was suitable and had just as much potential as other properties in the area. ! P1r. Dennis Schneider asked if the drainage to the north would eventually end.up in Harris Lake. (•tayor Nee answered, he thought either way, it would end up there. i�1r. Schneider asked if the Harris Lake area was platted �vith the addition of this type of drainage into the area anticipated. The Public Works Director said the area was planned with this in mind. �� ' S� � Councilman Breider questioned if the property to the east of this development had underground utilities. The City t4anager said the area was platted before the City adopted the policycf underground utilities. Councilman Breider questioned if this v�ould be a hardship for these people when the adjacent properties were not required to do this. The City h1anager said the people in Briardale have underground uti1ities. Ne . said the applicant agreed with the stipulations. MOTION by Councilman Startiaalt to close the Public Hearing. Seconded by Council�•roman Kukowski. Upon a voice vote, all voting aye, i•tayor Nee declared the motion carried unanimously and the PubTic Hearing closed at 8:59 P.�L •---'"`= —, PUBLIC HEARIt�G AN FINAL PLAT, P. S. n74-08, HERt•lAL RICE CREEY, TERRACE, BY GEORGE L. 41ALQUIST, LOC�lTED 1M THE NORTH4tES� -QUAQRAi�T OF RICE CREEK ROAU AND CEtaTRAL AVENUE: i 7he Public 4lorks Director pointed out the area to be west of Central and north of ! Rice Creek Road. He said the preliminar , , y plat indicates five M-1 lots each with b : the minimum size of three-quarters of an acre, and v�ith, the minimum frontage of b 100 feet. Fie said the preliminary plat as presented can meet the minimum size require- y` � ment. He informed the Council that the minutes of the Planning Commisison meeting ��'� of September 4, 1974 indicated recommendation of the approval of the plat with ' several stipulations. h1r. Sobiech read the stipulations to the Council and audience i - and explained the location, size and need for the easements. He exp]ained the drainage of the area to be handled by open ditches and swales and explained the i placement of those reconmended. i��ayor Nee asked if the property in back of this is currently zoned R-2 and 'the Pu61ic Works Director said yes. The area is double bungalows. Councilman Starwalt said he had no questions eoncerning the proposed plat at the ^ present time. Ne hoped the development has a firm understanding of the water levels � in the area. �le mentioned the conditions of the area are less than desirable, but � with the proper engineering and if the stipulations are followed� this could be � , an asset to the City of Fridley. _ : ! . ' i ' . _,.---___.._---�_.�.._...__._. __...._________.____._..._____. _ _ • _ __--�-----.— ---- -- - ---. _ _.._..�_.. _ _ � %1 � n REGUTAR COUNCIL MHCTING OF JANllARY 20� 1975 PAGE 9 CONSIDI;RATION OF TSSLIANCE Oi��T,T�l10R T.ICENSC TO RICITARD DUANT's FOVT.ITLKP:, 7365_OLD Cl'N7'P.AT. AVGNI(fi N, 1:, PP.ID1.l�:Y FROi1'PII:R CLlll3 1NC.: Mayor Nee pointed out that there h�d been a question of defective process raiaed concerning Lhe public hearing. MAyor Nee said his feeling was that the Council should probubly go back und hold the public hearing agnin, 1'he City Attorney udvised the Council that his recommendati.on would be to �able the consideration aC the preseilt time, }le said he would like to review some of the material that was presented to the Council and get Cogether with the applicant and his counsel and discuss tliis matter, tie said this could be broughl- bacic to the Council at their next regular meeting. MOTION Uy Councilman Starwalt to table the consideration of the issuance of the liquor license as requested by i•Sr. Richard Povlitzke, 7365 Old Central Avenue until the next regular m,�eting of the Council. Seconde3 by Councilman Breider. UPO\ A VOICE.�'OTE, all voting aye, Mayor Nee declared the motion carried unanimously. C0ISIDBi2ATI0N OF SUGGLSTING ADDI'CIONAL ,L:�tULR OF T]ff: COM�tU\ITY SCII0��1. CO?�•1ITTEE: Mayor Nee pointed oul ttiat Councilwoman hukowski had an inCerest in serving oii the Comrunity School CommitCee and lhis is why he brought this action to the Council attcntion, Piayor Nee mentioned that the Council had r:ceived a letter Lrom Mr. Dan Huff, Naturalist/Resource Coordinatur and m��mber of the committee, and also som� iniormation on ttie project from District ;�14. Pi0TI0N by Councilman Breider to designate Councilwoman Kukowski as a representative on the Conuuunit-y School Con:nittee for District-;�14. Seconded by Councilman 5tarwalt, UPOV A VOICti VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. Councilwom,sn kukowski thanked the Council for this action. RECI':IVII�G TI� riINUTF_S OF T}Lri ,lOINT nf:F•,TING OF T}IE P'L'-1NVING CO�fP1ISSI0N, PARt�s A�u t:ECi:r.:r>_TIOV COi�li�1ISSI0� AND T�aT �iIKJ�idaY COt•PIT.TTPI: 0? J.�NLr�RY 7, 1975 Mayor Nee indicated this liad been a joint meeting with no Council action necessary. MOTION by Councilman Breider to receive the minutes of the joint meeting of tlie Plannin� Commission, Parks and Recreation C�mmission and Citizen Bikeway Committee of January 7, 1975. Seconded by Councilman Starwalt. UPON A VOICE VOTn, a]1 voting aye, Mayor Nee declared the motion carried unanimously. RECL'_IVING T}iE PIINUTfiS OF T1iL AUII,DING STANDAP.US-DESICid CONTROL_SURCOiIPiITTEC PiTiETIN'; OF JANUARY 9Z 1175— ---- -----------°– -----...«_� CONSIDERATION OF A P.G UEST FOR O1ITSIDF. STOP..A(:'.: �iUILDINGt LOCATGU AT 6400 CIihTRAT. --4-------- ' A�'f':Nl1G N. L''. P.L (IP:ST BY PfIlii�'i:ST VA\ AND S1'ORAGE COi•IPAiJ�,-6400 CENTRAL AVL'.4UC N_ E. � �_ ��_–� _ �------ ------- FR]:DI.T'Yz h111�ESOTA^ The PuUlic tdorks Director pointed out that L'his item woul.d also need Council ' action on the variance porti.on of the application which would Ue taken care of as the next item on Che agenda. The Public �dorks Director expiained the.proposed construction to be on the south line of the prop�rty. }le said che Building Standar3s Design ConCro� SubcommitCee had recom�.nended approval o[ L-he request with sl'ipulaL•ions. The PuUlic Works Director usked if Pfr. F3urah was present and he responded. The Pablic Works Director said the other property owner hop°d to develop his property using Che zero setUack. The Public Works Direcl'or continued to exp'ain that if this is not done, the property owner would be required to allow tlte 30 feet clearpnce for emergency vehicles nccess entirely on his prooerty. This wouid menn providing for the two portions of the 15 foot easements entirc'y on the southerly pro�erty. . ;, I � I �A i �'$ . . _... ... _ J . � � �: � . ; .. � � � � �� i' U.�,.�.,.,.�z-�, TiIG MINUTGS OF T}I6 REGULAR MEETING OF•T}iE PRIDLtiY CTTY COUAICIL OF FEBRUARY 3, 1975 The Pegulnr Pfeeting of the Fri.dley City Cuuncil of rebruary 3, 1975 was called to order at 7:30 P.M, by Mayor Nee. PTF.D^,E OF ALI,EGIANCG: Mayor Nee indicated he would appreciate iC if the audience would join tl�e Counci� in saying the Pledge of Allegiance to the Flag. ROI.I. CALL: MGP1l;EKS PP.ESF.NT: Tiayo� Nee, Counci.lwom3n Kukowski, Councilman i3reider, • and Councilman Slarwalt. Pf�M}3GRS ABSENT: None. APPRO\'AL OF_PiINUTL•'S; RGGULAR COPVCIL MGGTItJ�y JANUAFY_6L_1975 MOTIO� by Councilman Starwalt to adopt the Minutes of �he Regular �1�eting of the Fridley City Council of January 6, 1975 as presented. Seconded by Councilwoman Kukowski. UPO� A VOICE VOTL, all voting aye, Ptayor Nee declared the motion carried unanimously. PUBLIC F�ARING rt?ETIN, 0,?_JA�UARP 13i 1975 MOTIO;� by Councilman Starwalt to adopt the Minutes of the Public H2aring rteeting of the Fridley Ci.ty Council of January 13, k975 as suhmitted. Seconded by Councilwoman Kuko;aski. UPON A VOICE VOTE, all voting aye, Mayor Nee declared the motion carried unanimously. ADOPTIQ?Q_OF AGENDA: Mayor Nee indicated that there was a communication from Constock and Davis, Consulting �ngineers, that should he added to tlie agenda. MOTION by Councilman Breider to adopt the Agenda as amended with the addition of the item mentioned by Tiayor Nee. Seconded by Councilman Starwalt. UPO:V A VOICE VOTE, all voting aye, Mayor Nee deciared the motion carried unanimously. OP�N FORi1Pt �VISITOFS; Mayor Nee asked if anyone wanted to address the Council during the o�en forum and there was no response. . OF.D BUSIIV�SS; CONSIDCRATION_OT' ISSUANCE Or LI UO3 LiCENSE T0 FIC;IAF.D DUANE POVLITZI:F 7365 C.GNTRAL -4------�----------------- -----= � �_.�-- AVL•'NUi: N. L•'.-�FIDTJ:Y t'RONTIER CLUB INC TAT3Lj;D I'RO?t .Jt1\L�ARY 20 1975 : � __ _1_.__�_�_��._.__�___��._L_.� � MOTTON Uy Co mcilman Starwalt to receive tf�e communication from SmiCh, �uster Feikema, Ilaskvitz & Casserly, signed '�y Wyman B. Smith, concerqing the application for a tiquar license of Fichard Duane Yoviitzke, dated January 31, 1975. Seconded by Councilman Breider. UFON A VOICE VOTG, all voting aye, Mayor Nee declared the motion carried unanimously. Mayor Nee said Lhe comm�nication concerned the adequacy of the provisions. pe said from his knowledge of the contenC, lie felt he would neccl some legal counsei o� the communication. The City Attorney indicaled lie had recei.ved a copy of the communicaCion just a fcw minutes before Che mceting had been called Co orJe� and was not ablc to read it thorou�hly. Iic suid he woukcl nced some time to resenrch the questions end requesCed that the Council gr�nt this tim�. The City Attorney aiso indicated tiiz►t there wcre complex isaucs involved thaC had �oC bcen interpreted by the Attorncy Gencral or thc Courts. l�. __. ._. .:._.: _ _ ._.__ :._... . i E'-' ti� � � R�GULAR COUNCIL rtB�TING �F FfiISRUARY 3, 1975 !t1;f ' , I � � I PAGE 2 He said there are uiso new statutes adopted by the 1974 Legisiature which would i 5�' have Co be considcred. �1 Mr. Herrick further pointed out that it would have to be determined if the items thut had been c�nsidere3 b� the Council in tl�e psse conccrni�; the iss�ance of liquor licenses would still Ue applicablc. The City Attorney said in his mind there are two statutes thlt are in contlict or conf.using. Ile said he felt the City should seek an opinion irom the ACtorney Gencral on these points, not only as they apply to this a?p]icaCion, Uut also future applicaCions. Ile indicated xhere had l�een som,� question on the issuance of licenses and it had been determined that they would be issued to holels and restaurants. He said the question would be, �ohat is a restaurant? He questioned if this could 'oe a business that is en�ag�d in some other type ot acl'ivity, but still quali£ies for thc liquor licensc. He felt these questions should be asked the AtCOrney General. He said lie would like tl�is taken care oE fur this a��d future license applications. Mr. Wyman Smith, Attorney for �fr. Povlitzke, addressed the Council and indicated he had included al1 of the necessary information in the memo suhmitted Co Che Council. He questioued the delay concerning the i-ssu2nce of Che license saying this type of d?lay had been used in the past with the Cable 'television issue. He said the Council may be rapeatiug the sam•_ experience. Mayor Nee asked if anyone.on the Council would likt to proceed in anyway aY tl�e present Lime. Councilwoman Kukowski saicl Che letter irnm �1r. Smith had not been iorwarded to her from the Post Ofiice and she had not had a chance to read it. She indicated she thought this would talce some tima. Councilman Starw.slt agreed and mentioned the letter received in regard to the situation in Mapiewood. tle said both should be tabled until som2 ]egal resaarcf2 is done. MOlION by Councilman Starwalt to table the consid�ration of the }iquor license �'� application for the Fronticr Club and refer ttie mst�er to the City Attorney for research. Seconded by Councilman Breider. UPON A VOICE VOTE, all voting aye, Diayor Nec declare� the motion carried ununimously. CONSIDERA'PIO� OF SECOND R�ADIti:; OF A:� ORllIN.aNCE APtE:�D7NG CIIAPTER 603, ^INTOXICATI\G L14UOR.— -- - ---- -- - --- -- -- Mayor Nee said a questiom had been raiszd by Mr. Savelkoul, Maple Lanes concerning the proposed ordinance. The City A�torney said he had jusC received the communication a few minutes previously and had �w C read it. Tfayor Nee said maybe the item should be postponed until the City Attorney had a chance to read the co�nmunication. � Mr. Savelkoul addressed the Council and referred to the memo he had submitted t.o � the CoUncil and said he felt the information was self explanatory. Mr. Savelkoui &uggested that the basic decision ot the Council to be whether or not to set up absoliite arUilrary standards. ile questioned require:nent in dollar p�rcentages and asked hota it would be possible to provide compliance to this with tto more and no less proinised. He also stressed the importance of the Council establishing consideration o[ the issuance oi the individual licenses through Council discretion, }le used an examplc of this, that a Uusiness such as blapke i.anes had been in business in the City ot Fridley for 20 j�ears and had ❑ot caused any problems. Ne asked iE it would be possible for thc Council to inscrt some langua�e in the pronosed ordinance wliich allow for this Council discxction. }�e mentioned the change in the Statc Lxws and felt the City should not deviatc from the S[ate Lars. TIr. Savelkoul went into dctait on the type and loca[ion of thc competition that � is faced by the local bow�in� center with respect to the liquoc sa'es. }le pointed � out that tl�cre azc many Uusinesses ehat do 6ouse restaurants a�on� wi'th other typ�s � i of bosiness and [hi.s docs riot disqualify lhem as being a resLauranC. Fic ngain asked that thc City nut take an arbitrary approach and insist on the 40'/, of business bc done in food. � • � � 1 ♦.. ........�. ..... ..... .... . ..�..._... . ...._., . ......._........ ... . . ._..... .... ..... .. ............ . Y ... . ........... . �l a Yb � r"i OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION T� WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Apri1 9, 1975 in the Council Chamber at 8:00 P.M. for the:purpose of: A request for a Special Use Permit, SP #75-02 by Wyman Smith, Attorney for W. R. Stephens, Jr., to permit the sale of new and used cars per Fridley City Code, Section 205.101, (3,B) and (3,G), in a C-2S zone (general shopping areas), to be located on Lot l, Block 1, Pearson's Second Addition, all lying in the South Half of Section 3, T-3U, R-24, City of Fridley, County of Anoka, Minnesota. � Generally located at 7701 East River Road N.E. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. Publish: March 26, 1975 Apri1 2, 1975 � RICHARD H. HARRIS CHAIRMAN PLANNING COMMISSION S� 0 C1'1'1 Or PI�IIII.I:Y ASI;�'�I:S07'A _i'1.A'��I!�G A.'�U Z�\!hG FOf:Tt Kil�i}tl:l�--- �� %SO-L /�i'1'1,1C;1'J7''5 S1G�:1'1'Uftli /"`� Wyman Smith, Attorney��or . ep ens, r. . Ad�l�•es_: 1250 Builders Exchange Building Minneapo�is,—Minnesot--a�5� l(�- 7'cic��houc 1u:�il�c��- 339-1481 I'I:i)I'liE:'C1' ��i\I:It'S SIG\A'I'UE:Ii W. R. Stephens, Jr. t�ciclress 2370 Hig_hwa_y 100 South Minneapolis, Minnesota 55416 Tcle�ahc»lc tiumhc�� 929-0081 ' Strcet: L�catio�� of Property 77p1 East River Road e � TY1'E OF REQUF:ST Rezoning X Special Use rermit Ap}�rovnl of Prcr.�in- inary �, f�i.n�tl Plzt Strcets oi• A.l.lcy V�i C8%1 UIl S Other Fee,-:� �Rcccipt \o, y � I.eg�1] llescl�� l�tion of I'roperty �G�`" �;��.,LG-�� O/�.�T/S:�-�"�� ' .l2'��zl Present Zo��i»g (:lassification C-2S Existing Use of P1-operty SnOWmob112 Sd12S l�cre�iFe of Property Describe briefly the proposed zoning classificatic or typc of use and ir:�proven�ent prop�sca They need a special use permit under Section 205.101 of City Code 3B and 3G for new and used car sales. The business would be a Datsun Dealership. , � � lias thc prescnt�. apl�lic�int prc�'iot�sly soug}�t to rczone, plat, obtain a lot split or _ ti�:iriancc c�r speci.al use ��er:nit on the subjcct site or par� of it? yes X no, jillli; Wi1S 1'CC�t1CS'CL(� 11I1C1 �•J�1C11?_ � 't'lie un�lei•si�;necl understands that: (a) a list of all resicici�ts and ot�:ners of pr.oper�y t��itit.i» .�0(1 f�:et (�SO fcct for rezot�i.n�) must bc attach^c� to this application. (1>) 'I'lri.s a��}�l.ic<<tion �uust hc si�ned h�• all o��:ncrs af tlic p�-o��crty, or aTi c�plan.it�.ioi: Sivr.n ��1�}� ihis iti not tl�c case. (c) Res��onsibility for any clefecL' in the ��rocrecl.i.n�*s restilYinn fror� thc failt�rr to litit tI1C Il:lI1lCS ancl aciclresses of all ICSICICI1t:S �?lti p�•��crfi�� ti�nrrs of l�r��rty in c{ucsti.on, bclon�;s to �hc: un�icrsi�;ncd. h�:ketc}� c}f 1�ro��ase�I }�rc�}�r.rty nnc� si:r.uctu�•e must be dr�i►•:n anci att�iehed, shotain�; the i�o?]cr�.�in�;: 1. \ol•th I�ircrtiun. 2. l.c�cation oi' i,roi�c�c�il Stl'L1CLU1•c o!i tl�c lot. 3. L)iiucn�:ions oi� prc�{,ri-T�', I�:c�J�osccl structt�r.•, .incl fxaut aitcl s:icic sctbctck�. �t. Strec�t �.iines, 5, i,c�catian anci use af adjticent existin� l�ui.Iuin�s (within 3(1O fcc; 'Chc° t�ncl��rsif;nccl hcrcl�� ciccl:�res tliat all tl�c f.�cts :ind rerrescni�ations sfi�ii-c u��l i c;�t ion �n•r. t ruc .:ric( corrcct. �� f��'rt: t�larch 12, 1975 S T c�,1'ru�.t: (r11�t�l.IC��'I') w an �mitn, . Attorney for R. Stephens, Jr: 1).itc: 1� i lc•ct�C�J [)atc of !l�::irin��` J" �� {`J :�nn i n�; Cc�i�iri i �:: i on r1S�J,rc»�r�l Ci ty (:cnm�: i l AJ��7rm�cci (ciatc>:) Urnic�l (ci:itcs) i)eniccl n t}�is F�� - _ _ , . ,�,� � � MAILING LIST SP #75-02 Wyman Smith, Attney for W. R. Stephens, Jr. � to allow th� sale of new and used cars Wyman Smith 1250 Builders Exchange Building Minneapolis, Mn 55416 W. R. Stephens, Jr. 2370 Highway 100 South Minneapolis, Mn 55416 A-1 Motor Sports 7701 East River Road Frid�ey, Mn 55432 Barry Blower Company 9� N. E. J7th Way Fridley, Mn 55432 �1 Mr. & Mrs. David Berg 76yQ East River Road N.E. Fridley, Mn 55432 Mr. & Mrs. William Jawor 124 Gr�ig Way N.E. Fridley, M 55432 . Mr. & Mrs. Loren Vader 160 Craigway N.E. Fridley, Mn 55432 Mr. � Mrs. Heinrich Kent 146 Craigway N.E. FridTey, MPf 55432 Mr. & Mrs. Richard Reiersgard 132 Craigway N.E. Fridley, Mn 55432 Elaine Nar'�mann ' 119 Criagway N.E. Fridley, Mn 55432 Edward "S. Jonak � 133 Craigway N.E. Fridley, Mn 55432'' . PLANNING COMMISSION _ March 25, 1975 __ �� Mr. & Mrs. Kirylo Czichray 147 Craigway N.E. Fridley, Mn 55432 Joseph Ricter, Jr. & Gladys M. Anderson 165 Stoneybrook Way N:E. Fridley, Mn 55432 Mr. & Mrs. John Dunphy 155 Stoneybrook Way N.E. Fridley, Mn 55432 Mr. & Mrs. Charles Martin T33 Stoney brook Way N.E. Fridley, Mn 55432 Paul M. Burkhalder 6229 University Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. John Van Krevelen 7661 East River Road Fridley, Mn 55432 The First American National Bank of St. Cloud Howard I Donohue,`Attorney for Morgagee 601 1'/2 St. Germain Street St. Cloud, Minnesota 56301 � 1. .Y ��' ,��; -��a � . r i� :1� `' l� \ ,. � 'ii`•!. '�;�,. �+►' , (,�•: ►'I ti�� 7�:• � � /}��4N i�P � i/A: � •v7s N.:. /� SP #75-02 Wyman Smith, Attorney fo W. R. Stephens, Jr., to permit the ; � ��\ : a � �� f . �``• �.� '� �! �, ' , \!. �.• . �,`� �� 7' :. v , ;: �Q � �';�,� ,. sale of new and used cars. t93p,� �.� � � t a . ___- _-------- +�_____�= .� -� . . 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Q ; � � G 1 •�jl �,y( � � / �!, _ �.' ,��Q C/,,,� z � �....��:� , r`.�,,,.. .� ,• �� , ,'' �' I � `�• ✓ t f . � �� , d - . � . ..��...f ��,� ..,} � `'..(1 r�: o . � �t�� N,.,,d1`;s�,4�'Y` '.,�� , � ` .• '!� �,. .F�N"(f � ••1 . ,� ��i . .. 1 � '�;i: �....! •�� . .. . ��' \� ,l ./ �. 1 , ,�. .. . , . ' :".� of ``, ' • ��'" � �,c� �� j �i.�°' Gc�(I,�1. . . � �o // '�=.��a 3 J I �� S G� , 1��. v , ��' . �� ' /• ,i,. �� fos� � J . i. -/ "% • .n/ � �` ,� :� � . 9 -� �� ! � z � � � � ��.,� � �� ' �� r.�m l�% �'� CI'�''� ��' SP #75-02 Wyman Smith, Attorney for W. R. Stephens, Jr. to permit sale of new and used cars. t , � �� c 1t'e ��,' o �a�' �,� j�� c�� te�1 � h��'��h �\ ��,�¢ c 9�R'c �-' ��,f � ��c ,p . , �'�p tc� �P- � ��',�a'`;t��,�� ,d�=�� o e�5 " pP h��P�'�d �'t( �J"c, E i s;+ , W Y ��,I�L��' {1�ePivjq��i/�,�f'sc 4 0��/3 °f � CAST �,,-- � -- i38. 3n - �--� ,� ``��,k �i-i_� nd pran�°/ 6pD �l�I� �p4�� /. h� � a' � `� ' �� G � S �: hr � - r. 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J �I � �• ' . � \ . . � `J \�t �� //^\�) •:�`�� \ � / 1rC\ � � / � / % ✓t ` \ \ // � �� SC'J < ^ -� . `\�J X'�. � \•\ ! � J� \ \ ' 1 � � � \ � � .. �� . j S% � . ,`� `�=j-` ��> � I . � . \\\ \` �� . � ~F- � \ Y �= �-, 1 �.� `°� �` '' 1__ / .' \ � . � � / . `Oj � '\ c� n � / �� , \\ �� / y�Q` � � \ `�, � ��° � � / �oe� / �� '\ � �.�� ' - �`,.� .=� �,� C �� 0 ` 3 � � .N � � S � � -L • 1 T '�- -e°� � i ` s� g'� \ v� t ti�' - � � � ' T\�`e�� o � 3C1 _ �t-1 � a \� � � � \ •\ `.� � \ T � ' G \` � -!; 1 � \ � --�t. d�\` � � � �L O Vl � � \ q� 3 � ?r ` �. .\ ��y 2/9. 42 .� . �` \ o OcncftS 0 d `• o -7 ��(O�� / `�� ` \ � �.'° �( n{ WAY NE. M `^ . - �., `-- � �— ' . / :� `, _ ' , ` �M _ 20j.iO --- -�rn ( Sa�fhl!rr.', �,�4, M JVEST M �Q�kG//f/i �- ♦ „ �� ' Y ,�ta�r�9s shnwn ore assuT�� nch � rM� Scofe � l 60 .�unc /9E8 . - � � t`, • \ �� \ \ \ \ � % ' C �� . . ,� �7!!L:lf['(I/L �-Y;�int'�'<:t�!�l � ' • . _ f' i �1 �� ± • /��ir.��l ��/ / /I „' . �`,' /r �/ ^ LAW OFFICES SMITH, JUSTER 8z FEIKEMA CHARTERED MALMON, HASKVITZ, CASSERLY Si NEdVQUIST WYMAN SM ITH LEONARD T: JUSTER HENRY H FEIKEMA ALVIN S. MALMON RONALD L. HASKVITZ JAMES R. CASSERLY CARL J. NEWQUIST ASSOCIATES MARK E. HAGGERTY ALLEN H. GIBAS 1FiVING JUSTER OFCOUNSEL : � �i i, � , � March 12, 1975 � . SU ITE 1250 BUILDERS EXCHANGE BUILDING MINNEAPOLIS. MINNESOTA 55402 TELEPHONE 339-1481 SUBURBAN OFFICE 6441 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA 55432 TELEPHONE 560-6870 City of Fridley 6431 University Avenue N.E. Fridley, Minnesota 55432 ATTENTION: Darrell Clark Dear Darrell: I enclose the request for a special use permit for.Mr. Stephens and our check for $25.00. Roland Benjamin of his office will be fur- nishing you with the proposed layauts and artist drawings. Please set the hearing before the Planning Commission on Apri1 9th and hope- fully before the Council on April 21st. Yours truly, Wyman Smith WS/bk Enc. cc: W. R. Stephens, Jr. c k x � � i � <�. . ` , . . . �a� �.aT� � suni�Yvzszerrs- 5T't�Ei'S �. UTILITiES S��BCCI�;�II'PiEr. 2-i :�TIPdG A.�''R1Z 5� 1968 PAGL� 1 �'1 , - - - The �ieetiiio �ras c�.�led to order at 1i:35 �sI'�. by Cliairman Jensen. RGLL G.'1LI,: I•i��RS � wS�?1T: Tri�•,`b�.�?S 1�BSc�NT: 0^1Ii:��S ��S�'�iT: l�;yhra, J�nsPn, Na�el� Schmedeke Albrecht . Er2�insarin� Assistant Darrel �lark � ORDER OF RGLT•IDA: . • � • The Su�ccr�r:i��:o decideci to take the itPrr:s in the folJ.o:•;ing o-rc?er: �=2, 3�. 1• 1. VAC2T?ON Rr,�TJTST: S�V ;'S8-01, HIPSCH B�OS. �RO'LRTS�'S: oaca� 30 foot sL.reet 'tV;na SoL�h and ��..diaCent �o the 2do�^'th 11.�^� of Fridley ��'ark Adclii�.ion. I�ir. ScYu�zde�:� qu�sticr.ed t:h� �h�r �•re shauZd m.ake any d�cisien on the v2cat�.on ur�til �re knoti tirhat tha zonin� zrill be. It sras d�c� ried that the rezoning ar�d �tl�e vzca�ion shou? d be a packaga 4nd 'ue put to��ther so if one should fail� it t•rouTd u:aa.� t�a ; the otiier ��aald a.1.so faiJ.. . It �ws noted that the Cit�� Coun�zl did a.dopt., a resol=xti.on acceni.�ng tha3 iiiss?ssi;�ii Stre�t and East �.i.��,:, Road intersecti��n. '^ nd z-, Ii�IOi�J by Na��.� ��cor.de3 bJ I�iyhra, to reco;:�� o th� Fla�Zn? na Cor�n�i.:�sion . 2pproval of S�`� ;`58��?, s�abj�� to the rzz�ning an the �ol��th 1�� i'e�-t of Lots 7�nd 9� Audi�tor's Subdi�rision ;`23, and addit�.��n�.l righ� of �c•,a f ot �0 �'e�t - . aloa� th? �:or�ii e3�� of ths P•iissa.ssippi ��raet exter�s�.on fro� E�.st Rivar Ro�.d to :�i.ver;rieT,� Terr3ce. � �, 2. Upon a voic� vote, there beino no nays, the :�otion ca�ried una.�ir:i�usly. �'R��4�� 'R� LIrfI!�TtiRY �L•��T: �'. S. �-'b8-�?_, i:'�F.SOIi! s srcor�n �nnz^I�JPZz S. G. �r�nRSO:d CO., II�:CG;� �Oi��i'i'� i�X ��'C:;ttR.L �k =��LLSG:d: Idorth of 77th �;?y and F.ast of E�st Ra.�er Road�a part of Sec. 3• I,eoi�a-rd Sanualson Vras prasent to reprzs::nt the Prali3��i.nar-f ?l.at of °aar�on's 2nd �dcLtioin. r�Sr. S�nuels�n �:as ask�d the purp�se of Out�o� A. He �o�nted o�;� that there was an G�ticipat�on that B�rry B].ow�-r ti:ould be ucquiring th�3 ior• somo devalop:�-�nt. ' Mr. Sc}in��e�c� as'•c�d z•rha� considcration h�� been �;iven for• aC�°i3 to the con:.-��rcial property to the �rorth. i•ir. S��:iiAlso:� exol:�ined t:�at t'nej� intend to place an entran�� just Iiortli of th� Creek� then co.itinua ::or�� and contz�ct wi.tli the street op:nino onto 79th'�'a,y. FIe �ointed out that t:�ef nlan tt��o points oi access onto 77th :1ay and ona onto L1:3t, Riv�+Y' Roa3 ceYrt:�,ea in the lot line bett�:een Lots 1 and 2. . � ;:� e � � � Plat� & Subs. - Str. �. U:il. Subcom�n�.ttee � tipril 5, 1963 �je � pS�O 2 It �ras pointed Qut that sorin o� the draina�e and ufii.l�j �t,� �ease:z:snts :�ad been o.TM�i.tted t•rliicl� sould b-� included. � Traffic gen�i•at�rs �rera mentianed, hoc�:ever, perhaps s�e cannot eli:nina.te. the I proble*� an3 .nus� accept it as it is. � . ' i�IOTTv^i� bf r�yhra, seconded bf Naoel, that the Preliminary Z?�.t, ?'. S. ,` 63-02, �@a2'80Tt�3 2r.d Addition, b�� an�roved subjec� to easement.,s sho�ra on ttze� 21or�h ].ine 20 fee� in �ridth alon� the Pdori'� line o° Ou�lo� A, and 10 feet ea.se:nsnt a � zlon� the [•?est and So�;th line o� Out? ot A. Also the z�i3eni.ng of �he ea.�e;r,ent aTor�g the Ilortl� line of Lot,, 2 so that it 3.ncluciss the culvert un3e: 'Eas� River Roa3. . Upoii a vaice vote, thsre bein� no na�s, the rr►otio� cari�? ed unaniTously. . 3• COIiTI:�iJr� �,0`r S?LIT R�C�UFST: L. S. ;'b$vJ3� JOSL �:i ZIZ!�'{: Lof,,s 6 ih�°u 9 B1c;ek 27, Hyd� Park Addi�tion. � ' 2•;r. 7izak i•�as present to inquire about th? lo�ation of th� vacated 57; 1�=renue. He �;as sho::*�i. on the half s�ct;ion -�he locµtion o� the vacat�d s�raet. Tlier� �tas sor� discussion about fi��e upco_ning zoning study fo.� tlZis narf, of the C�t3►� n3mely bound by 61st. A�er,ue on the I�or�ih, and Tnte:stat� 69I� on th� Sou�h be�:�r��n University Avenue and riain S�Grev�t. 22r. Ziza'�c ex�laire�.� �ha� hr: t�an��d his land left t;1a ��ay �t. now elci.sts. He H�?:It..s only to bui1.� tt,o fa:�.1� d;�r�llzr.g�. l�ir. Jensen e:�c;�lair�e3 to F;r.. Ziza�c tha� 1?e shoald h2:�n 3. pu�CCi?as�: �.�reer,.�nt dr�:��n un for the portion he t�a.tlts' then re�urn to this SJ.�COI'L'7lj.t�ee. ��l�ii�iis, �� Aj�.'. The :•ie e t� n� �:d� ourne 3 at 6; 00 Po:4. Respectfully submit;�d, �_ � %, / �_�� .. �L, / �� (_ l<--- .�- � � Darrel Glark, En;in�ering Assi�tant Actin� Szcra��ry 0 6 � -- , ., i '� A CI7'Y OP FRIC�LL•Y MINNI:SOTA ��.a!aNihc n;•7f) ZONII�G rors� ti��'»;�'�-�'��/��j�� NORTH SUBURBAN HnSPITAL DISTRICT ^ APPLIC1Iv'1''S SIG:vl.'IURL• By: � its Chairman n�a��:a� � 5D CG'�� - �%� Tcicphonc Numi�er 786-2200 I'1tUl'}:[ZTY Ol�'�L•12' S SIG�vA7'i1RL'• Acldress Tclephonc Numl�cr Street Locrition af I'ropert.y 0 TYP� OF REQUEST Rezoning �� Special Use Permit Approval of Prcmin- inary �, Pinal Plat X Streets or Alley � � � Vacations Other Fecv�aivedi�eceipt t�o. l.egal [7esci:ipt ion of Property 76 th Avenue N. E. East of �.,_th Street N. F. 1'rescnt Zonin� Classific� ti.on Existi.ng Usc of Property unimnroved st�r��t Ac.r.clge of Property Describe briefly the proposed zoning classi.fication or type of use and improven�ent px•oposed vacation of described street l.!'.�, ��<.� - ;��h% � � lv � � z: �-�.c� �'7, Gl .��- u� �� _ /�-� ��,z... �'a�:...v j,�L. % :� /% </ G � llas the presf;nt applicant previotzsly sought to rezone, plat, obtain a Zot sp2i.t or vari<incc or special use permit ori tl�e subject site or part of it? yes X no. 1Vlist was requested and �.hcn? � � 77ic t�ndcl'si�ned uncl�rstancls th'�t: (a) a list af all resiclents and owiiers of propei•ty ��rit.l�in �00 feet �350 fec�t. for re�oning} must be attached to this application. (b) Thi.s appli.cat:ion must bc signcd by all o�aners of the pro�erty, or an e�j?lanation giti�en ti�•hy ihi� is not the czse. (c) Responsibility for. any defect in the proceecii.ngs r��t�ltin� fiom the iailurc to list the n�n�cs �n�1 zcldresses of a11 residentis and pi•operty o�.�nci•s of }�ro��c2•ty in qucstioii, bcl.ongs to thc u�icicrsigncci. A si:etch of pr.oposcd }�rorcrty and structure must be drawn arid attachccl, ��}�owing tilc iolloti:in�;: 1. No?'t;h flir�ctian. 2. Locat��an of ��rol�osed st.r.ucture on the lot. 3. llimensio�ts of I>roi�crty, prunosecl structr�re, ;iild front ancl si�le setbacks. q. Strc:et �1�itnes. S, l.ocation and t�sc of adjaccnt existing buildin�s (�aithin 300 fccr.) i7�e iinctci•si�ncd lierchy declares that all the facts and representat.ions stated iii this �I�I�1 ] C.J1 10I1 AI'C tTUC atld c�rrcct . / DA'i'L' �1 ��,.. �' I `i1 i SIC�A1'URE ; � —'-''- (A!'PI:ICAti'I')NO � SUBURBAN HOSPITAL DISTRICT � B�y Its �hairman Qate fi1cJ��9-�S Datc of licarin� � �� 7-�` I'lannit��; Coiamission nrrro�•ed City Counci] Aprrovccl— (ciatcti) I)cnic�i (dates� llenicd .,�„�,�,�. , , . _ . . � .. ' . .. � • � � • , . •.. \ . . . . � . . ,`c` . � � . . . , �i� �' � • ' ; � . ' , . ' . .. �a � . ^ '"..�� ,' . . • . �' . ' . �3 -'d �7 . r � � . . � . 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CN/,f,y _.� -�,y Il/�/ �%�' �� yl `"t:.�� l:>>``�i` ^5 .'�� ,�•� .:t1�"'.'y�'.f �.,�� _ �,w�`i� � a,Jl � .,, �' ,r� � . - , J„ ,,�� /4 �c _, � � + ; hi rr �, � �: r >�M' j ` Y^ / , 1 'T �,f s� �� / � . '� � 1 . �i� ,,' �� '�i� � �j 1 lw .t.�. � i � . ,( � I � � 1 �Y p. ' � � ' � 6 `9 i 4 f �i .v .:F �� t:. t1.� �� +'b��' +t�+ ,`�. � �% �. ,,.�� 1 ^.:� ! �;'11 �' �� .° � �� '` ,,; �,� � , `h�,� ,�ti, f,Lti1, , ; ;: ' ..� �� ; �� ;✓ �'�' � � 4.. �' �� .d. � S -•. ��, 1� �� ti z� a � � �_ � �._ �y�' ,q_ �+ i a, 7�� r sr i ct r ti� � �!3 •n ��c �_ t' a� �; R= . �� <- _... �`•=7a . ; � ; .�,.�� ,p1 �; f �*':..r _''_�'`��'•_:.�:�� `7i3 l'L:. A1/C AiG: rj�ro � _ �►�" %t r.��' l �J� I�''' �i ''� , k. ,±t - � MEMO T0: MEI�SQ FROM: DATE: SUBJECT: Nasim M. Qt�reshi, City Manager Richard N. Sobiech, Public Works Director March 12, 1975 Lease Agreement with Unity Hospital for Park Land Attached please find a lease agreement negotiated with Unity Hospital for use of certain hospital property for park purposes. This agreement was a result of a stipu- lation to ihe approval af a Special Use Permit granted to the Hospital on October 15, 1973. The agreement basically allows the City to use the property north of 75th Avenue N.E. between 5th Street and Lyric Lane for the purposes� of developing a public park. (See attached map) The terms of the lease call for an original term of '� 7 years, which term shall automatically continue until termination by the Hospital or the City of Fridley. Termination of the lease after the expiration of the original term will be granted by at least a one year 'written notice by either party. /"1 Initial negotiations on the part of the City called for a longer term lease with the possibility of the City paying the special assessments against the leased property; however, due to legal commitments by Unity Hospital, pay- ment of the special assessments by the City could not be made, therefore the initial 7 year term with automatic renewals was agreed upon with the idea�that the City would not be obligated to pay anything to the Hospital. The agreement also indicated that the Hospital will petition the City for vacation of 76th Avenue and that the City would waive the fee for the vacation procedure. The lease has been reviewed by the City Attorney, Finance Director and the Parks and Recreation Director. It is requested that the City Council consider approval of the lease agreement at the Meeting of March 17, 1975 and recommendation is made to authorize the City to execute the agreement and waive the filing fee for the vacation application. RNS/jm �� .�-.� �� LEASE AGFwEP•i�idT 1 ok o �� a�� .� o ' _� THI5 AGREEMFNT, P�ade and entered into this -�'�'� day of %j'�� , 1975, by and between NORTH SUBURBAN HOSPITAL DSSTRICT, � � a municipal corporation organized under and pursuant to the laws of the State of Minnesota, whose address is Unity �iospital, 550 Osborne Road, Fridley, Minnesota 55432 (hereinafter sometimes referred to as "Lessor"), and CITY OF FRIDLEY, a Minnesota Municipal- ity, whose address is City Ha11, 6431. University Avenue, N. E., yFridley, Minnesota 55432 (hereinafter sometimes referred to as ��Tenant" ) , . WITNESSETH THAT: In consideratiori of one dollar and other good and valu- able consideration each to the other in h�nd paid and of the covenants and agreements to be performEd by Tenant, the Lessor�does hereby lease, let and�d�mise unto Tenant, and Tenant does hereby hire and take from the Lessor, the real property located in the City of Fridley, County of Anoka, State of Minnesota, legally described as: TY�e South 175 feet as measured parallel to the north line of 75th Avenue N.E. of the followinq described tract: , That part of the Northeast quarter af the Northwest �uarter (NE 1/4 of NW 1/4) of Section 11, Township 30, Range 24, lying southerly of 76th Avenue N.E, as shown on the plat of Osborne Manor Second Addition, easterly of 5th Street N.E. as now laid out and constructed and northerly of 75th Avenue N.F. as now laid out and constructed. Excepting . from the above described tract all�that -1- • � . � � �� ' � �� , part of the Northeast �uarter o� the � � Northwest Quarter lying in Melody Manor �1' Second Addition and also that part of the i Northeast Quarter o� the Northwest c�uarter ' platted in the plat of.Melody Nianor Second Addition as Lyric Lane. � sha].1 be subject to the following terms, covenants and � Said lease conditions. 1. Rental. The Tenant shall not be obl'igated to pay any ...�--- . � I� . � � • � , � rental for the property. .. � � ; 2. Term. The term of this Iease shall commence on the — ears date hereof and shall continue for the original term of seven y thereafter. This lease shall automatically continue after said , ori inal term has expired until terminated as hereinafter set forth. i _ q � ' Lessor and Tenant shall each have the right to terminate this ease .+'"� after the expiration of the original term hereof by giving at least a one year written notice, at the addresses-set forth above, i� � Iof the intent of the tenant to so terminate and the effective date " vent that this lease is terminated, ( of such termination. In the e I� the Tenant shall promptly vacate the leased premises and remove i any and all equipment, facilities or personal property belonging �� ination of this lease shall�not impair or effect to it. Any term I the indemnification provision contained in paragraph 5 hereof a� � �� to accidents, events or occurrences happening prior to the date I � . j of termination. � 3, purpose. The leased premises shall be used for the , �---- � I ublic ark and for no other purpose. purpose of developing a p P � ; �The Tenant shall develop, maintain and police the park at no � ^. expense to the Lessor, including expenses for street lighting and � ater and sewer se�'vice. Al.l facilities and equipment �installed ; w 1 by the Tenant on the leased premises shall be approved by the Parks � , . . ! '"2' . ,._ 0 �d Recreation Director of the City of Fridley, Minnesota, prior � to its•installation. Tenant will inspect and maintain all facil- � ities and equipment installed on leasPd premises. Tenant has the right to post park signs on leased premises. 4. Vacation of Part of 76th Avenue N.E. Lessor shall promptly hereafter petition Tenant for the vacation of 76th Avenue N.E. east of 5th Street N.E. and Tenant shall vacate said portion of said street and waive any fee�for said vacation. 5. Liability. Tenant shall indemnify and hold Lessor harmless from any and all claims and causes of action which may arise out of the leased premises. In furtherance, but not in limitation of such indemnification,�the Tenant sha11 obtain and � maintain public liability insurance in amounts not less than $100,000 .for injuries or death to a•single individual; $300,000 for injuries � or death as a result of one occurrence; and.$50,.OQ0 for prop�rty damage, and shall name Lessor as an additional party insured on such policies. IN WITNESS WHEREOF, the undersigned Lessor and Tenant have executed this agreement as of the day and year first abave � ,�, � ��t" �t�ira tten . ,. :�� ,1 � j ;� , ��'.i.� .t ,,. .,, ,., ,:-. ,, �', . , '�I;1'�tne '�resence of . ., , �; � � • � f ;; ,.,�, , ;, �y r ,; ; ; , ), � : : • �.ru� t;,,,,�YC_� ; !•.1 � . � � ��. /' `.�� Y. �. . r.. : � ��'� ' % '' � , s_ — " „ , � ` � �f i '�'' ,,'` � " � ''/ yy� � 71'Gy`i-'�''�� ,,� � � , , , �, ��,,.. � � • NORTH SUBURBAN HOSPITAL DISTRICT By ^ � , t� C IS C�.,...c'�--. � ,; _�..�,�� tS / i' .�, "_,,...�i CITY OF FRIDL�Y By Tts Mayor Tts Citv N1�.�nac*er - _3_ . v