SP 70-12q/STATE OF MINNESOTA )
COUNTY OF ANOKA ) ss
CITY OF FRIDLEY )
I, the undersigned, being the duly qualified City Clerk of the City
of Fridley, Minnesota, do hereby certify that I have carefully
compared the attached and foregoing extract from the Minutes of THE
FRIDLEY CITY COUNCIL MEETING held DECEMBER 21, 1970 in said City,
with the original thereof on file in my office, and the same is a
full, true and complete transcript therefrom insofar as the same
relates to:
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF
DECEMBER 9, 1970:
2. PUBLIC HEARING, REQUEST FOR SPECIAL USE PERMIT, SP #70-12,
ALVIN A. NITSCHKE:
WITNESS MY HAND as City Clerk of the City of Fridley and the seal
of the City, this 19TH day of JANUARY, 1989.
(SEAL)
SHIRLEY A. HAAPALA
CITY CLERK OF THE CITY OF FRIDLEY
. _8. 3 3
REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 5
REPORT FROM CITY ATTORNEY REGARDING REGULATION OF SNOWMOBILES:
The City Attorney discussed the proposed uniform snowmobile ordinance received
from the Hennepin County League of Municipalities. He said there could be a
little more control in the ordinance by placing a speed limit, he said they
could make it ten to twenty miles per hour if they wanted, and could add
more specifications on safety equipment. He said that the advantage of a
uniform ordinance would be for someone driving from community to community
to have standard regulations. Only six communities have passed this ordinance,
but it has only been circulated since November. He said he has not had time
to receive comments from the Chief of Police yet, but if he approves, the City
Attorney would urge adoption. Mayor Kirkham thought it would be to the
Council's advantage to adopt a uniform ordinance, and he thought it could be
adopted on first reading, and changes made before the second reading. Council-
man Harris thought it would need some changes, not because it was not inclusive,
but he thought there were areas not quite defined. Mr. Holm, the gentlman
who had circulated a petition regarding snowmobiles, asked how you regulate a
speed limit. Mayor Kirkham said that it will be their own rp---- y, and
they will just have to travel slowly. Mr. Holm a
speed limit of 10 or 15 MPH. Councilor- l to
keep the speed down that low on snows alistic.
Councilman Sheridan said he could and �a✓ leir
children as snowmobiles have little c Gi q 0 �n
Harris said that he noted that the sl( I It
was also pointed out that some communi
safety purposes.
MOTION by Councilman Liebl that the prc
Q
Police Department for suggestions on th � �Q
Sheridan. Upon a voice vote, there beii /J �1•� e
motion carried.
RECEIVING THE MINUTES OF THE PLANNING C01 V _
1. PUBLIC. HEARING, REQUEST FOR REZONING
AUDITOR'S SUBDIVISION #108, REZONE FR( __sn 314RDS.
The City Engineer put the map of the area on the projector and explained that
this would rezone half of Lot 4.
MOTION by Councilman Harris to set the Public Hearing for rezoning request
ZOA #70-12 to rezone the south half of Lot 4, Auditor's Subdivision #108,
from R-1 to R-3 for February 8, 1971. Seconded by Councilman Breider. Upon
a voice vote, there being no nays, Mayor Kirkham declared the motion carried.
2. PUBLIC HEARING, REQUEST FOR SPECIAL USE PERMIT, SP #70-12, ALVIN A NITSCHKE•
The City Engineer said that this Special Use Permit is for a double bungalow
and goes along with an exchange of property in the Jay Park area. The City
would get 15.4 feet of property and Mr. Nitschke would end up with an 80
foot lot. Mr. Nitschke would also give the City $250 with the exchange. He
showed the Council a picture of the type of bungalow planned. The Planning
Commission had iacommended approval subject to Mr. Nitschke getting approval
from the Building Standards - Design Control Subcommittee of the building
plans prior to submission to the Council.
REGULAR COUNCIL MEETING OF DECEMBER 21, 1970
MOTION by Councilman Harris to approve the exchange of property with
Mr. Nitschke paying the City $250 additional because we are giving more
land, and to approve the lot split for Lot 32, Block 4, Lowell Addition
to Fridley Park. Seconded by Councilman Liebl. Upon a voice vote, there
being no nays, Mayor Kirkham declared the motion carried.
The City Engineer asked Mr. Nitschke if he has agreed to putting the fence
on the south side, and he said that he did.
Councilman Sheridan questioned the Special Use Permit in R-1 zoning as he
thought a public hearing was required. The City Engineer looked this up
and stated that a Special Use Permit in R-1 zoning requires a 4/5 vote of
the Council, but a public hearing can be held if the Council wishes.
PAGE 6
MOTION by Councilman Liebl to concur with the recommendation of the Planning
Commission and grant the Special Use Permit with the stipulation that the
Building Standards - Design Control approve the building plans prior to
submission to the Council. Seconded by Councilman Sheridan. Upon a roll
call vote, Kirkham, Harris, Liebl, Sheridan, Breiider voting aye, the motion
carried unanimously.
3. REQUEST FOR VACATION OF A PORTION OF A UTILITY EASEMENT BY JERRY
ABRAMSHUK, SAV #70-05, TO VACATE THE NORTHERLY 7 FEET OF THE SOUTHERLY
15 FEET OF LOT 1, BLOCK 5, RICE CREEK PLAZA SOUTH:
MOTION by Councilman Harris to set the Public Hearing for the requested
vacation of a portion of a utility easement for February 8, 1971. Seconded
by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham
declared the motion carried.
MOTION by Councilman Liebl to receive the remainder of the Planning Commission
Minutes of December 9, 1970. Seconded by Councilman Harris. Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
MOTION by Councilman Harris asking the Administration to bring back that part
of the ordinance dealing with single family structures and attached garages
so the Council has a clarified position on it, and that the Planning
Commission be sent that information along with any discussion or additional
information for their comments. Seconded by Councilman Liebl. Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 15, 1970:
1. A REQUEST FOR A VARIANCE OF SECTION 56.05, 4B, SUBPARAGRAPH 1, FRIDLEY
CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA FOR A FREE STANDING SIGN IN
AN AUTOMOBILE SERVICE AREA FROM 80 SQUARE FEET TO 252 SQUARE FEET TO
ALLOW THE EXISTING SIGN TO BE RELOCATED ON PART OF LOT 5, AUDITOR'S
SUBDIVISION NO. 153, THE SAME BEING 5201 CENTRAL AVEN_UEN.E., FRIDLEY,
MINNESOTA (SPEEDY CAR WASH). (REQUEST BY STUART J. PHILSTROM, 711
ROUND HILL ROAD, ST. PAUL, MINNESOTA).
The City Engineer explained that this was a variance for a pylon sign on
property in Skywood Mall Shopping Center. The sign has to be moved because
of the new Twin City Federal Building, and now it falls under the upgraded
sign ordinance. There are now signs existing for Spartans, Skywood Mall,
f
r
Planning Commission Meetings - November 18, 1970 Page 7
F
r
an R-1 District, on Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell
1 Addition to Fridley Park together with the vacated street between the before
mentioned parcels. Upon a voice vote, all voting aye, the motion carried
unanimously.
Darrel Clark said that this would not be a regular double bungalow, but there
would be two floors and the living area for each apartment would consist of two
floors.
ADJOURNMENT:
There being no further business, Chairman Erickson adjourned the meeting at
9:50 P.M.
Re.spectf.ully submitted
$aze O'Brfan
Recording Secretary
So'
7
LIN
tt!
ZOA #72-01: Al Nitschke
Outlot 1, Rice Creek Plaza South,
Lot 32, Block 4. Lowell Add, to Fridley
:he vacated street
med parcels -Rezone
'riplex
F
0
W
o. < wr t -Y
I.i 1_ l.-' J fib• 4�f V I Or b' i �J C'
�• Planning Commission Meeting - December 9, 1970 Page 5
Mr. Minish said that this rezoning request is another one of those trouble-
some situations -- single family and multiple in the same area. At this point,
where Lakeside, if extended, would come through, would mark the Easterly boundary
of the multiple. The rest is single family. It seems that a natural break would
be the extension of Lakeside to keep it as a buffer.
Mr. Schmedeke asked that if the proposed road were to go through, in
of objections of some of the people, would the procedure be to condap= the lend
needed to complete the area. It was stated that if a large enough percentage of the
owners wanted it, the few undedicated parcels would probably be taken by condemnation.
Mr. Harris said he was impressed by the presentation this evening as the
petitioner had done a lot of ground work, such as getting signatures from most of
the people in the block. He was certain that in some way, if the petition were
granted, Mr. Drumm's property could be protected by berms, landscaping, etc. But
before he could vote for any rezoning on Lot 4, the petitioner would have to agree
to dedicate the 50 foot right of way for the rest of the other street. The South
half of Lot 32 is R-3 as well as all the lots to the West. With Mr. Nelson's
project going ahead and one other apartment building in the area, that as time goes
on, he was certain the rest of R-3 property will be developed. Perhaps Lot 4 is a
good place to stop, with Mr. Marxen developing his property R-1. If the rezoning
request were granted, in order to protect Mr. Drumm, the Planning Commission would
recommend the dedication of the street, adequate screening between R-1 and R-3
with trees, berms, etc. Mr. Schmedeke said he also felt that R-3 should stop with
Lot 4.
Mr. Marxen stated he would prefer a proper buffer on the North end of the
R-3 property.
In the case of Mr. Felson, the Engineering Assistant said it was stipu-
lated there would be no access to the North.
Mr. Schmedeke asked what the effect would be on the number of units in the
apartment if the street in the middle of the block would be dedicated. The Engineer-
ing Assistant answered that by taking the right of way, the petitioner would lose about
5,000 square feet which would amount to the loss of about 2 units. Sometimes a
street dedication is allowed in figuring the density of an area.
MOTION by Schmedeke, seconded by Harris, that the Planning Commission recom-
mend approval of the rezoning request, ZOA #70-06, Sid Bader to rezone the South
Half of Lot 4, Auditor's Subdivision #108, from R-1 to R-3 District with the stipu-
lation that Mr. Zywicki continue the necessary dedications to connect a right of
way up with the already dedicated portion to the East, the access to this new
street be controlled or limited, the new R-3 area be properly and adequately
screened adjacent to the R-1 properties. Upon a voice vote, all voting aye, except
Mfnish, voting nay, the motion carried.
2. PUBLIC HEARING: REQUEST FOR SPECYAL USE PERMIT: SP 470-121 ALVIN A. NITSCHKE:
Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell Addition to Fridley
Park together with the vacated street between before mentioned parcels.
The Notice of Hearing was read by Vice Chairman Fitzpatrick.
Mr. and Mrs. Nitschke were present.
1
Planning Commission Meeting - December 9, 1970 T Pale 6
The Engineering Assistant explained that this request involved some land
trading. The drawing he handed out was a diagram WE the area and showed the lots
owned by the City for park. Outlot 1 is owned by the City and is 26 fee. wide.
Mr: Nitschke signed an agreement wherein he stated that if the City would deed
him Outlot 1, he would deed to the City of Fridley 12.7 feet of Lot 31, and the
South 2.7 feet of'Lot 32 of Block 4, Lowell Addition to Fridley Park. His request
for a Special Use Permit is contingent upon a land trade.
Mr. Nitschke said that he talked with Mr. Hermann, City Assessor, and was
told the Council wanted him to make an offer for the land. He made an offer of
$250.00 for additional land.
MOTION by Harris, seconded by Schmedeke, that the Public Hearing be closed
for the the request of a Special Use Permit, SP#70-12 by Alvin A. Nitschke to
construct a two family dwelling in an R-1 District involving Outlot 1, Rice Creek
Plaza South, Lot 32, Block -4, Lowell Addition to Fridley Park together with the
vacated street between before mentioned parcels. Upon a voice vote, all voting
aye, the motion carried unanimously.
Mr. Schmedeke commented that across the street from the proposed two
family dwelling is M-1 District, the land backs up to R-1 and to the North there
is the possibility of another duplex being built. Darrel Clark added that Lot 10
is vacant, Lot 11 is occupied by a two family dwelling.
Mr. Schmedeke added that after having seen the area, he had no objections
for the duplex being built inasmuch as there is another one in the same block,
and finally, there were no people here tonight from the neighborhood to object.
Mr. Minish commented that several years ago, when a similar request was
brought up before his Committee concerning this area, the place was packed. Now
he is surprised at the lack of interest.
As Chairman of the Parks and Recreation Commission, Mr. Fitzpatrick said
he would like to mention for discussion a possible stipulation for some kind
of fence along the South side of Nitschke �bt, aa.quite often people build next
to parks and then complain of the results such as children running through the
yard, chasing balls, etc.
- The City, in the past, had made overtures to purchase Outlot 1, but
the price was too high. Vice Chairman Fitzpatrick said the Parks felt the price
was greater than the use the park would get for the additional park property.
The En*Reering Assistant explained the reason for the change in the
zoning ordinance that at R-2, a two family dwelling could be built, and in order
to control the type of construction, a Special Use Permit category was added to
the Code. With a Special Use Permit, the builder has to get approval of the
Building Standards -Design Control Subcommittee for exteriors, elevations, etc.
This gives the City better control over the architectural design. R-2 zoning
had no such restrictions.
}
Planning Commiasion Meeting - December 9, 1970 Page 7
MOTION by Schmedeke, seconded by Minish, that the Planning Commission
recommend approval of the Special Use Permit, SP #70-12, by Alvin A. Nitschke
to construct a two family dwelling in an R-1 District, Section 45.19 (2A)
Fridley City Code, involving Outlot 1, Rice Creek Plaza South, Lot 32,
Block 4, Lowell Addition to Fridley Park together with the vacated street
between before mentioned parcels, subject to Council and City decisions on
land transfer as outlined in a statement dated October 27, 1970 signed by
Alvin A. Nitschke, that there will be some type of fence or buffer on the
South side of the property, and that the Building Standards -Design Control
Subcommittee approve the building plans prior to submission to the Council,
and finally that Mr. Nitschke bring his plans before the Building Standards -
Design Control Subcommittee before the Special Use Permit is granted by
Council and in that way Council would receive the complete package. Upon a
voice vote, all voting aye, the motion carried unanimously.
Mr. NitsOke said he felt he did not .want -the fence, and --that Lf none of
the property owners abutting a park paid for their fences, he would rather
not have that stipulation in the motion. If he wanted the fence, and if the
property would be a nuisance in that respect, he would put it up.
Vice Chairman Fitzpatrick said that quite often the City gets it in
reverse. The neighbors ask the Park DepArtment to put up the fence. Usually
if one needs a fence, he calls the City and expects the City to put it up.
The people around this park have not put up a fence, but we are considering a
.special use permit this evening. He wouldn't ask Mr. Nitschke to put up a fence
he would never need.
Mr. Schmedeke told Mr. Nitschke he felt that if the Chairman of the
Parks and Recreation Commission believes the fence to be necessary and prac-
tical but not to unnecessarily to burden you -- some day you may be more
than happy with it.
Mr. Nitschke said he plans to live in the proposed building, and
being that he was going to live there, it would probably have a contemporary
type of architecture and have a*mansard roof.. The architect that he is
planning to use is in New York at this time and -he could not give a date
Lthis evening for the presentation of the plans.
3. CONSIDERATION OF PRELIMINARY PLAN FOR TOWNHOUSE DEVELOPMENT BY N.C.R.
CORPORATION: Lots 3 and 4, Block 2, Hayes River Lots (5950 Anna
Avenue)
Mr. Harris said this request came to the Building Standards -Design
Control Subcommittee for concept approval. Then the request went directly
from Building Standards -Design Control Subcommittee to Council without coming
to the Planning Commission. It was in the Building Standards minutes which
went to Council, and they got involved in the townhouse concept, before the
request was received by the Planning Commission. The recommendation of the
Building -Standards -Design Control Subcommittee should have gone first to the
REGULAR COUNCIL MEETING OF DECEMBER 21, 1970
REPORT FROM CITY ATTORNEY REGARDING REGULATION OF SNOWMOBILES:
PAGE 5
The City Attorney discussed the proposed uniform snowmobile ordinance received
from the Hennepin County League of Municipalities. He said there could be a
little more control in the ordinance by placing a speed limit, he said they
could make it ten to twenty miles per hour if they wanted,.and could add
more specifications on safety equipment. He said that the advantage of a
uniform ordinance would be for someone driving from community to community
to have standard regulations. Only six communities have passed this ordinance,
but it has only been circulated since November. He said he has not had time
Ato receive comments from the Chief of Police yet, but if he approves, the City
ttorney would urge adoption. Mayor Kirkham thought it would be to the
.Council's advantage to adopt a uniform ordinance, and he thought it could be
adopted on first reading, and changes made before the second reading. Council-
man Harris thought it would need some changes, not because it was not inclusive;
but he thought there were areas not quite defined, Mr. Holm, the gentlman
who had circulated•a petition regarding snowmobiles, asked how you regulate a
speed limit. Mayor Kirkham said that it will be their own responsibility, and
they will just have to travel slowly. Mr. Holm said he would like to see a
speed limit of 10 or 15 MPH. Councilman Liebl said that it would be hard to
ke9P the speed down that low on snowmobiles, he felt 10 MPH would be unrealistic.
Councilman Sheridan said he could understand the pt-oplz's concern about their
children'as snowmobiles have little control as far as stopping. Councilman
Harris said that he noted that the slower they go., the quieter they are. It
was also pointed out that some communities req•'.r�� that flags be flown for
safety purposes.
MOTION by Councilman Liebl that the proposed ci:ciraneu be sei;t back to the
Police Department for suggestions "on the ordiaat.�_, S,:cc-T.,:ed by Councilman
Sheridan. Upon a voice vote, there being no gays, t4ayor KirkhaQ declared the
motion carried.
9, 1970:
1.
The City Engineer put the map of the area on the projector and explained that
this would rezone half of Lot 4.
MOTION by Councilman Harris to set the Public Hearing for rezoning request
ZOA #70-12 to rezone the south half of Lot 4, Auditor's Subdivision #108,
from R-1 to R-3 for February 8, 1971, Seconded by Councilman Braider. Upon
a voice vote, there being no nays, Mayor Kirkham declared the motion carried.
2. PUBLIC HEARING REQUEST FOR SPECIAL USE PERMIT SP #70-12, ALVIN A. NITSC
r
The City Engineer said that this Special Use Permit is for a double bungalow
and goes along with an exchange of property in the Jay Park area. The City
would get 15.4 feet of property and Mr. Nitschke would end up with an 80
foot lot. Mr. Nitschke would also give the City $250 with the exchange. He
showed the Council a picture of the type of bungalow planned. The Planning
Commission had recommended approval subject to Mr. Nitschke getting approval
from the Building Standards - Design Control Subcommittee of the building
plans prior to submission to the Council.
6q
REGULAR COUNCIL MEETING OF DECEMBER 21, 197Q
MOTION by Councilman Harris to approve the exchange of property with
Mr. Nitschke paying the City $250 additional because we are giving more
land, and to approve the lot split for Lot 32, Block 5, Lowell Addition
to Fridley Park. Seconded by Councilman Liebl.. Upon a voice vote, there
being.,no nays, Mayor Kirkham declared the motion carried.
The City Engineer asked Mr. Nitschke if he has agreed to putting the fence
on the south side, and he said that he did.
PA GL
r
L
$v
Councilman Sheridanquestioned the Special Use Permit in R-1 zoning as he
thought a public hearing was required. The City Engineer looked this up
and stated that a Special Use Permit in R-1 zoning requires a 4/5 vote of
the Council, but a public hearing can be held if the Council wishes..
MOTION by Councilman Liebl to concur with the recommendation of the Planning
Commission and grant the Special Use Permit with the stipulation that the
Building Standards Design Control approve the building plans prior to
submission to the Council. Seconded by Councilman Sheridan. Upon a roll
call vote, Kirkham, Harris, Liebl, Sheridan, Brewer voting aye, the motion
car*ried unanimously.
3.
1P"`2 TU VACATE THE NORTHERLY 7 Fi
15 FEET OF LOT 1 BLOCK 5 RICE CREEK PLAZA SOUTH:
MOTION by Councilman Harris to set the Public Hearing for the requested
vacation of a portion of a utility easement for February 8, 1971. Seconded
by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham
declared the motion carried.
MOTION by Councilman Liebl to receive the remainder of the Planning Commission
Minutes of December 9, 1970. Seconded by Councilman Harris. Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
MOTION by Councilman Harris asking the Administration.to bring back that part
of the ordinance dealing with single family structures -and attached garages
so the Council has a clarified position on it, and that the Planning
Commission be sent that information along with any discussion or additional
information for their comments. Seconded by Councilman Liebl. Upon a voice
vote, there being no nays, Mayor Kirkham declared the motion carried.
RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 15 1970:
1. A_REQUEST FOR A VARIANCE OF SECTION 56 05, 4B, SUBPARAGRAPH is FRIDLEY
CITY CODE TO INCREASE THE MAXI SIGN AREA FOR A FREE STANDING SIGN IN
AN AUTOMOBILE SERVICE ,REA FROM 80 SQUARE FEET TO 252 SQUARE FEET TO
ALLOW THE EXISTING SIGI TO BE RELOCATED ON PART OF LOT 5 AUDITOR'S
SUBDIVISION NO. 153 TKE SAME BEI14G 5201 CENTRAL AVENUE N.E.FRIDLEY
MINNESOTA (SPEEDY CAR WASH) (RE VEST BY STUART J PHILSTROM, 711
ROUND HILL ROAD, — PAUL, MINiv'ESOTA).
The City Engineer explained that this was a variance for a pylon sign on
property in Skywood Mall Shopping Center. The sign has to be moved because
of the new Twin City Federal Building, and now it fails under the upgraded
sign ordinance. There are now signs existing for Spartans, Skywood Mall,