ZOA 72-01Planning Commission Meeting - February 9,'1972 Page 5
UPON A VOICE VOTE, Zeglen, Schmedeke voting aye, Minish and Fitzpatrick voting
nay, the.MOTION FAILED.
Mr. Minish-said he felt different about this station because of the location.
The Commission should consider whether the use of this type should be allowed at
one or more of the locations as a service to the citizens. It has been indicated
that there will be another request for a Special Use Permit for U -Haul rentals on
Central Avenue. He would like to consider this request in relation to the other
one. This may give the Commission time to see if EZ Haul would apply. He would
like to have this portion of the request tabled.
MOTION by Minish that the Planning Commission table until March 8, 1972 the
Special Use Permit request, SP #71-18, by Ron's Gulf Service Station for U -Haul
rentals on Lots 1 and 2, Block 1, C. D. Hutchinson Addition per Code Section
45.101, B, 3--E, zoned C-2, to see if, in the interval, other applications have
been indicated that they will be filed and consider other sites and number of
operations the City would like to have.
MOTION FAILED FOR LACK OF SECOND.
Chairman Fitzpatrick said the action then would'be for the Planning Commission
to pass this request on to the Council without action and the minutes should show
that these motions were made for the second request being a permit for U -Haul
rentals.
1972. The petitioner was informed Council would receive his request on February 28,
Air. Minish said for the time he has been on the Planning Commission they have
had several requests for service station sites. He has always wondered if the
City doesn't already have too many stations and that it would be difficult for
them to make a substantial profit. Now we hear that station operators need
additional means of income to stay open. We should keep in mind what we heard
tonight.
3. PUBLIC HEARING: REZONING REQUEST, ZOA #72-01, BY ALVIN A NITSCHKE: To
rezone from R-1 to R-3, Outlot #1, Rice Creek Plaza South and Lot 32, Block 4,
Lowell Addition to Fridley Park together with the vacated street lying
between the before mentioned parcels.
Mr. Nitschke was present.
MOTION by Schmedeke, seconded by Minish, that the Planning Commission waive
the reading of the Official Notice for the Public Hearing of the Rezoning Request,
ZOA #72-01, by Alvin A. Nitschke to rezone from R-1 to R-3 (general multiple
family dwellings) Outlot #1, Rice Creek Plaza South and Lot 32, Block 4, Lowell
Addition to Fridley Park together with the vacated street lying between the before
mentioned parcels. Upon a voice vote, all voting aye, the motion carried unanimously.
Mr. Clark said that about a year ago Mr. Nitschke applied for a special use
I permit to build a double bungalow and was involved with trading of lands where
the City traded a portion..of its property with Mr. Nitschke. This transaction
has taken place. He has deeded the amount of the property as agreed to.
a
Planning Commission Meeting - February 9,) 1972 Page 6
He will receive the City's deed for the 20 foot Outlot. He wants to build a three
family townhouse type of building on the same lot as contained in the special use
permit. He did not proceed with the special use request. The land area is in
excess of 10,000 square feet which is large enough for a triplex and R-3 zoning
does allow a triplex.
Mr. Nitschke explained that he did have some of the elevations and Darrel
saw them. Unfortunately the architect was using them to complete the plans.
The structure will be a townhouse, quite similar to the type that is being built
now, the front court provincial type. There will be five parking places, two
double garages and additional parking space in between. He will be living in one
of the units. He would try to make it look as nice as possible as it is not a
speculative project. .He changed the request because it would be more economical
to have a triplex.
Mr. Clark said he had seen the plans. The garages are on the front of the
living area. There is a court between the garages and 'houses. The only thing
be would want to comment on was the front yard would be mostly blacktop or
concrete.
He continued that the building site is 80'x136'. There is a two family
structure in the block to the North, the Park is to the South, single family
-. dwellings off Mississippi Street and across the street the land is zoned light
industrial. There are apartments on 2nd Street.
MOTION by Schmedeke, seconded by Zeglen, that the Public Hearing be closed
for the Rezoning Request, ZOA #72-01, by Alvin A. Nitschke. Upon a voice vote,
all voting aye, the motion carried unanimously.
MOTION by Minish, seconded by Schmedeke, that the Planning Commission recom-
mend to Council denial of the rezoning request, ZOA #72-01, by Alvin A. Nitschke to
rezone from R-1 to R-3 (general multiple family dwellings) Outlot #1, Rice Creek
Plaza South and Lot 32, Block 4, Lowell Addition to Fridley Park together with
the vacated street lying between the before mentioned parcels, for the following
• reasons:. This request is out of keeping with the rest of the block which is
residential with one double unit; objects to blacktop facing the street; the
proximity of the park and the extra cars this triplex would have makes it undesir-
able because the park does not have enough street parking area; and is inconsis-
tent with surrounding one and two family residences. Upon a voice vote, all
voting aye, the motion carried unanimously.
4. PUBLIC HEARING: REZONING REQUEST, ZOA #72-02, BY ROBERT L. MC GREGOR: To
rezone from R-1 to R-2 (limited multiple family dwellings) the North 824.7
feet of the West Quarter of the Northeast Quarter of the Northeast Quarter
of Section 13.
Mr. McGregor and Mr. Floyd Foslien were present.
MOTION by Schmedeke, seconded by Minish, that the Planning Commission waive
the reading of the Public Hearing notice for the rezoning request, ZOA #72-02,
by Robert L. McGregor. Upon a voice vote, all voting aye, the motion carried
unanimously.
• a %
i
SPECIAL PUBLIC HEARING MEETING OF MARCH 13, 1972 PAGE g
FIRST READING OF AN ORDINANCE AMENDING CHAPTER 83 OF THE FRIDLEY CITY CODE
RELATING TO THE LICENSING OF TAVERNS:
MOTION by 7Councilman Mittelstadt to adopt the Ordinance on first reading and
waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote,
Utter, Mittelstadt, Breider, Kelshaw and Liebl voting aye, Mayor Liebl declared 11
the motion carried unanimously.
RECEIVE COMMUNICATION FROM SPRING LAKE PARK REGARDING CONSTRUCTION OF SWIMMING
BEACH:
MOTION by Councilman Mittelstadt to receive the communication from the Village
of Spring Lake Park dated March 9, 1972. Seconded by Councilman Kelshaw. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Breider to instruct the Administration to contact Spring
Lake Park concerning the beach construction and work out the details of the
.parking situation. Seconded by Councilman Mittelstadt. Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
REQUEST FOR PUBLIC HEARING BEFORE CITY COUNCIL ON REZONING REQUEST ZOA #72-01,
AL NITSCHKE _
MOTION°by Councilman Breider to receive the communication from Mr. Al Nitschke
dated March 8,'1972. Seconded by Councilman Mittelstadt. Upon a voice vote,
all ayes, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Mittelstadt to set the Public Hearing date for the rezoning
request ZOA #72-01 for
.April 10, 1972. Seconded by Councilman Kelshaw. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
RECEIVING COMMUNICATION FROM FUDALI, REMES AND FUDALI REGARDING THE SKELLY OIL
STATION ON 79TH WAY AND EAST RIVER ROAD:
MOTION by Councilman Kelshaw to receive the communication from Richard Fudali,
Five Sands Development, dated March 13, 1972. Seconded by Councilman Breider.
The City Attorney reported that some action he had taken precipitated this
letter. He said the City Engineer and himself had spent a full day plus part
of another day in District Court on the matter of Falkenstein vs City of Fridley.
This is the case where the land owner brought action against the City because
of denial of a special use permit for a Skelly Oil Station. He said he suggesteL
this be brought back before the Council to see if the Council wishes to recon-
sider the situation. This is brought back up for two reasons; one, hopefully,
the matter might be resolved without resorting to further litigation, and two,
because he wanted to advise the Council that there have been 2 -• 3 Supreme
Court cases, i.e., Crystal, Saint Paul and Bloomington, which have been similar,
where the Council has been overturned by the Court. The applicant has indicated
he would be willing to meet all reasonable demands the City would wish to place
on their building, in terms of lighting, type of material to be used, screening
otc. He felt that prior to trying the case, it should be brought back to see
what was the pleasure of the Council.
1
SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 2
i
REZONE FROM R-1 (SINGLE FAMLY DWELLING) TO` _--3 (GENERAL
DWELLINGS) - 6591 MAIN STREET N. E., FRIDLEY, MINNESOTA:
Mayor Liebl read the public hearing notice and the Engineering Assistant
showed the location on the overhead projector, and reported the Planning
Commission's recommendation for denial is found in the Council Agenda. Just
to the south of this parcel is City park land. The City traded some land with
Mr. Nitschke to add to the park. The City gave more land than Mr. Nitschke
did,.so he paid us an additional $250. After the trade Mr. Nitschke ended up
-with an 80 foot parcel of land. Directly to the north is a single family
dwelling just being.completed, then a double bungalow, then the rest to the
north are single family homes. He showed the plan on the easel and said that
the house is situated toward the back of the lot with the garages toward the
front with a courtyard in between. The three units would have separate yards,
Mr. Nitschke had asked for a special use permit about a year ago to build a
double bungalow, Which was approved; however, the permit was never exercised.
Mayor Liebl said he believed across Main Street the land is all industrial froaq
Mississippi to Rice Creek. The Engineering Assistant said yes, and added from
Main Street to the tracks. Designware is located to the south and just west of
this parcel. Mayor Liebl said he recalled giving permission for the duplex
just to the north, and he felt it looked very nice. The Engineering Assistant
said that that duplex is two stories high and this construction would be
similar in height. Mayor Ltebl said that he felt that if this request was
approved, it should be contingent upon some sort of screening on the south side
between this parcel and the park. He asked if a redwood fence would be satis-
factory. The Engineering Assistant said the special use permit was subject
to a redwood fence being installed along the south line. He said he felt that
a chain link fence would be better than a redwood fence, because there would
be baseballs hit in the park, etc., and the ohildren would be climbing on the
redwood fence, and a chain link fence would be more durable.
Mayor Liebl asked if there were any objections -at the public hearing .before the
Planning Commission and the Engineering Assistant replied no. Mayor Liebl asked
Mr. Nitschke why he did not build the duplex he had requested over a year ago.
Mr. Nitschke said that he had talked to several contractors about the best use
of the land and they felt that with the industrial zoning across the street,
that the beat use for the land wDuld be for two - three units. He added he
has owned this parcel for about 1k years. Mayor Liebl asked if Mr. Nitschke
lived in Fridley. Mr. Nitschke replied no, but if this rezoning is approved,
he plans on living in one of the units. This is not a speculative venture,
it would be his home, and he would want it to look nice. He said he has lived
in apartments and he realizes people value a degree of privacy, and he thought
his plan was a good one with this in mind. Mayor Liebl asked if this rezoning
is granted, would Mr. Nitschke live up to stipulations imposed by the Council,
such as a fence? Mr. Nitschke said yes, he would agree to the cyclone fence, and
had thought of perhaps putting in a privacy fence inside it because a cedar fence
would add more aesteticaally. He agreed the cyclone fence along the park would
probably be a better choice than just a redwood fence.
The Engin eering Assistant said that having the garages in front of the dwelling.
is a new concept somewhat, and would eliminate a long driveway. There would
\be four garage stalls for the three units. The code requires 1k parking places 1
per one bedroom un;t.
FA
'SPECIAL PUBLIC LEARING MEETL4G OF APRIL 10, 1972
PAGE 3
Mayor Liebl asked Mr. Nitschke if he would follow through as proposed and
Mr. Nitschke replied yes, he would meet all the City stipulations. Mayor Liebl
asked what was the setback and the Engineering Assistant said it was 35 feet
from the garages to the right of way. Mayor Liebl asked if there would be any
green area in the back and pointed out that it is R-1 behind him. Mr. Nitschke
said yes, the entire back yard would be lawn. This is why he chose this plan,
it allows a minimum of blacktop and all the rest of the area can be used as
green area. He felt everyone would rather look at green areas rather than a
long expanse of blacktop. He added that the lot is 80' x 1361. Mayor Liebl
asked if he would meet the square footage requirement and the Engineering
Assistant said.yes. Councilman Breider asked, with 80' front'footaage, could
he build this building without a sideyard variance? The Engineering Assistant
replied yes, each unit is 20' for a total of 601. Councilman Breider asked if
there were any plans for the interior of the building. The Engineering Assistant
said no, just this plot plan. Mr. Nitschke added that many townhouses use the
basements as living areas but his .plans will have two floors plus the basement,
Councilman Breider asked what was the square footage of the living space.
Mr. Nitschke said they would average about 1200 square feet per unit, plus d
full basement.
The Engineering Assistant said, in roaard to the parking requirements, that he
would moot the code if he provided six stalls -for the .three two-bedroom units,
Mr, Nitschke said he could get another one on the side, and added that as he
will be the owner and living there, he would prefer small families, and would
not be putting in more than two bedrooms per unit.
Councilman Utter asked, if he were to put in another garage to allow for a
third two-bedroom unit, would he still have enough room on the sideyard. The
Engineering Assistant said yes, figuring an average garage is 20' wide, there
would still be 10 feet on each side, since the garages are located in front of the
house.
Mayor Liebl said that he had driven past this.site this A.M& and had talked to
the Ward Councilman. He informed Mr. Nitschke that the -Council would take no
action tonight, but that it would be back on the.Agenda April 17th. There are
four votes required to rezone property, and he thought, if this triplex were
to be as nice and tidy as the duplex just to the north, it would be a nice
addition. He said he could not see how this property could be developed as E-1
with industrial zoning across the street and this plan would seem to be the best
use of the land. It would also be more advantageous from a tax standpoint, as
the City would get more in taxes from a triplex. lie asked how much of an investment
this would be. Mr. Nitschke said upwards of $60,000 in just construction costs.
Mayor Liebl asked Mr. -Nitschke if he would stay with one one -.bedroom unit and
two two-bedroom units.. Mr. Nitschke said that as he said, he would like small
families. He said be -would work on the plans, rand bring them in as soon as
they are completed. Mayor Liebl pointed out that the duplex to the north of
him has some brick, and he asked him to take this into consideration. He also
suggested chowing.the plans to his Ward Councilman when they are done. He said
the firat reading of the rezoning ordinance could be held, but the second would
not be held until the plans are approved.
Mayor Liebl asked if there was..anyone in the audience who wished to comment ora thl,s'
rezoning, either for or against, with no response.
1
SPECIAL PUBLIC F-1kRING MEE1= UF APRIL 10, .1972 PAGE 4 �
MOTION by Councilman Mittelstadt to close the public hearing on the rezoning
request ZOA #72-01 by Alvin Nitschke. Seconded by Councilman Breider. Upon a
voice.vote, all voting aye, Mayor Liebl declared the motion carried unanimously
and the hearing closed at 8:05 P. M.
HEARING ON VACATION REQUEST SAV #72-
- 53RD AVENUE N. E.: (Hadison Stree
Mayor Liebl said, with the Council in agreement, that the reading of the hearing
notice could be waived. The Engineering Assistant showed the location on the
screen and said the request was for the vacation of a short stub of Madison Street
just north of 5.3rd Avenue. The Planning Commission recommended approval subject
to retaining the northerly 10 feet for utility and drainage, the southerly 25 Beet
for a Standard Oil Company pipeline, a dedication of the westerly 4 feet of lot 1.
Block 2 for an old existing watermain, dedication of the southerly 6 feet of
Block 1 and Lot 1, Block 2 for a water line, and the dedication of the northerly
10 feet of Block 1. The easterly k of the vacated Madison Street would go to
Gerral Herringer and the westerly k to Russell Hedge. The lot split already
approved would add the easterly k of Lot 3 to the Social Dynamics Corporation
and the westerly k would be combined with the easterly k of Madison Street to
make residential lot.
Mayor Liebl asked if there were any comments f-rom the audience or questions from
the Council, with no reply.
MOTION by Councilman Mittelstadt to close the public hearing on the vacation
request SAV #72-01, Russell Hedge. Seconded by Councilman Breider. Upon a voice
vote, all voting ayes Mayor Liebl declared the motion carried unanimously, and
the hearing closed at dt07 P. M.
Mayor Liebl said this item would be back on the Council Agenda April 17, 1972.
Mayor Liebl said, with the Council concurring, that the reading of the notice
could be dispensed with. The Engineering Assistant showed the location of the
request on the overhead projector and said that there is a 151 storm sewer easement
along the westerly boundary of his property. Mr. Laurent wants to add a garage
on the side and use the existing tuck -under garage as living area. The Planning
Commission recommended approval subject to his putting the top of the footings
at the same elevation as the bottom of the storm sewer. He said the Staff also
recommends approval subject to the footings being at that depth, which would
be about 6' deep. Mayor Liebl asked Councilman Utter what his recommendation
would be, since it is his Hard, and Councilman Uttar replied that he would approve
the request. Mayor Liebl asked if there was anyone that wished to comment, with
no reply.
140TION by Councilman Mittelstadt to close the public hearing on the vacation
request SAV #72-02 by Joseph Laurent. Seconded by Councilman Breider. Upon a
voice vote, all voting aye, Mayor Liebl declared the motion carrhed unanimously
and the hearing closed at 8:10 P. M.
THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 170 1972
The Regular Council Meeting of the Fridley City Council was convened at
7:40 P.M., April 17, 1972.
PLEDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the audience in saying'the Pledge of Allegiance
to the Flag.
INVOCATION: ,
Mayor Liebl offered the Invocation.
ROLL CALL:
MSMBERS PRESENT:
W1 SM ABSENT:
X*PTION OF AGENDA;
Mittelstadt, Breider, Liebl, Utter
None
Mayor Liebl said there was a communication to receive as follows;
Krs. Wallace Marcus Proposing an Ordinance Requiring a Tree to Be,Planted for
Every Q,OQO Square Feet on an Improved Lot.
MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by
Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
V$STTORS;
gra, Pori Cisar, 540 Cheri Circle, came forward, and presented Mayor Liebl with
4 b$rthday cake and wished him Happy Birthday.
OF AN
R-1 TO R-3. 6591
FOR REZONING, ZOA
AIN STREET N_E_:
2-01 BY ALVIN A.
The Engineering Assistant showed the location on the overhead projector and
0414 that Mr. Nitschke had just submitted the plans, and presented theip at
thq Oquncil table.. The plot plan is the sane as the Council saw 4t the pUblic
lioarinq. There.is to be a 35 foot front yard setback to the garages, then
the garage$, then a 12 foot courtyard, then the structure with a 37 foot
rear yard, Mayor Liebl asked if they were planning on a fence along the rear
lot 1$ne. The Engineering Assistant said there was some discussion about 4
fence along the south line, between Mr. Nitschke and the park, but perhaps
a fence along the rear line should be considered also. Mayor Liebl said that
it wggld seem to be advantageous to have a fence dividing the City property
from the private property, as it would provide a screen to keep the children
and tizeir baseballs out. Mr. Nitschke did cooperate with the City when there
Was 4n exchange of land for Jay Park.
N REGULAR COUNCIL MEETING OF APRIL 17, 1972 ' PAGE 2
r
The Parks and Recreation Director said that he has had a request from a man
living on 2nd Street just south of Jay Park for a fence along the south aide
of the City property to keep out the traffic from the apparatus area. This
request has been referred to the Parks and Recreation Commission.
Cguncilman Preider said that this looks like an impressive plan and tphould be
a very nice looking building. Councilman Utter said that there was some
+t$ouseion last week on a sixth parking place if he were to put in ski two
be4;tr9 q Units, and asked if it would be a garage or a parking stall. The
Pngineering Assistant said that according to the Code whether it was a
$tali. gr garage is optional, but he would need one more to meet the Code,
#ie sa7.4 actually the requirement is for 51s, but in talking with Mr. Nitschke
he CAuld 4041 gne more on the side, as there is enough roo;n. Maygr Li4l
asked if the Quality would be as good as the duplex just to the north gqd
Mr, Nitschke said yes, it would be board on board on cedar with some jpr�4* tp
the frgnt. Councilman Mittelstadt asked if he had considered the fence along
the east side of the property and Mr. Nitschke said yes, although there is a
"11 bgoge along the property. Councilman Mittelstadt said the hedge old n9t
gp the whole length of the lot. He thought it might be more convenient in
tee* of tresspassing if there was a fence. Mr. Nitschke said if there was
treeepass�ng from the park, he would take care of the fencing himself, rather
th4n requeot the City to take care of it.
Q*14qgJ1ma;7Breider asked if his plans fit on the lot so that the garages
W91i14 have about the same setback as the adjoining structures, The Enginee#pq
4soistant said yes, then the living quarters would be behind the garages,
#QTZQN by Councilman Breider to approve the Ordinance on first reading an4
waive the reading. Seconded by Councilman Mittelstadt. Upon a roll calf,
Vote, Tieblr Utter, Mittelstadt and Breider voting aye, Mayor Liebl declared
the p9tion carried unanimously.
The 9nVineering Assistant asked if it was the Council's wish to sttpulat@ the
fence along the park property and Councilman Breider said he Would, ratho;.
;e4ye this Up to the Building Standards - Design Control. The Engineering
Assistant told Mr. Nitschke that if he got his application in.rfght away,
he Would go before the Building Standards at their Meeting of May 4th,
5T READING OF A VA(
53RD AVENUE N.E.:
ICE, SAV #72-01 BY
(Madison Street)
Oe �pggjneering Assistant showed the location on the overhead project9T and
ea}d that the public hearing was held last week with no objections, Thiil �4
for t,40 vacation of a stub of Madison Street that has never been openod and
thg 5t4f# and the Planning Commission recommends vacation with the condition
Mat there are some easements retained.
'TQN by Councilman Mittelstadt to approve the Ordinance on first readipg and
wa4ve the reading. Seconded by Councilman Breider. Upon a roll calf, y9te,
-Protderj Liebl,Utter and Mittelstadt voting aye, Mayor Liebl declared the
p9tign carried unanimously.
ti
THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 17, 1972
The Regular Council Meeting of the Fridley City Council was convened at
7:4Q P.M., April 17, 1972.
PLEDGE OF ALLEGIANCE:
Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance
to the Flag.
INVOCATION:
Mayor Liebl offered the Invocation.
ROLL CALL:
MEMBERS PRESENT: Mittelstadt, Breider, Liebl, Utter
WJ4BERS ABSENT: None
ADOPTION OF AGENDA;
Mayor Liebl said there was a communication to receive as follows;
Mrs. Wallace Marcus Proposing an Ordinance Requiring a Tree to Be,Planted for
,Etery 4,OQO Square Feet on an Improved Lot.
MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by
Goupcilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the
pottQn Farried unanimously.
Vja1TORS;
gra, Von Cisar, 540 Cheri Circle, came forward and presented Mayor Ljebl with
a b$rthday cake and wished him Happy Birthday.
F-Ii'jT ,'t WING OF AN ORDINANCE FOR REZONING, ZOA #72-01 BY ALVIN A NITSCH= TO
Z NE FROM R -1 -TO R-3, 6591 MAIN STREET N.E.s.�
The Angineering Assistant showed the location on the overhead projector and
s4i4 that Mr. Nitschke had just submitted the plans, and presented thea at
the Cqulncil table.. The plot plan is the sane as the Council, saw at th@ V*j:Lg
119"449, There :is to be a 35 foot front yard setback to the garages, then
tie.94rageo, then a 12 foot courtyard, then the structure with a 37 foot
Fear yard, KayAr Liebl asked if they were planning on a fence along the rgor
19� Une, The Engineering Assistant said there was some discussion ahqut a
fenge 419ng the south line, between Mr. Nitschke and the pans, but perhaps
a ,feDge along the rear line should be considered also. Mayor Liebl said that.
it w9uld Seem to be advantageous to have a fence dividing the City pr®perty
from the private property, as it would provide a screen to keep the children
And their baseballs out. Mr. Nitschke did cooperate with toe City When there
Was on exchange of land for Jay Park.
4
REGULAR COUNCIL MEETING OF APRIL 17, 1972
PAGE 2
The Parks and Recreation Director said that he has had a request from a man
living on 2nd Street just south of Jay Park for a fence along the south side
of the City property to keep out the traffic from the apparatus area. This
regggat has been referred to the Parks and Recreation Commission.
Q9uln9J1ma4 Areider said that this looks like an impressive plan and should be
a very nice looking building. Councilman Utter said that there Was spr4e
04*gv cion last week on a sixth parking place if he were to put in all tw$
Pedr9mmnits, and asked if it would be a garage or a parking stab,, U,e
Pagi,neering Assistant said that according to the Code whether it Was a
#tali gr garage is optional, but he would need one more to pegt the 99de,
Abe sato actually the requirement is for 5&j, but 44 talking with Mr. X*ts 999
09 g9uX4 a4d Fine more on the side, as there is enough roop. Mayer blebl
asked if the quality would be as good as the duplex just to the Horth ORO
Mr, Nitschke said yes, it would be board on board on cedar with some 8�
the frgnt. Councilman Mittelstadt asked if he had considered the fenge glonq
the east side of the property and Mr. Nitschke said yes, althoggh t4ere is a
494ge al9ng the property. Councilman Mittelstadt said the liedge Oid Hot
qg the Wh9le length of the lot. He thought it might be more conveniept, in
t9re of tresspassing if there was a fence. Mr. Nitschke said if there Was
treovpassing from the park, he would take care of the fencing himself# r4t4er
than reggeit the City to take care of it.
99MA91 Breider asked if his plans fit on the lot so that the garages
w;?U;4 have about the same setback as the adjoining structures, Toe gngjneer�pq
Asiijjt;ant said yes, then the living quarters would be behind the garages,
TTQ?i by Councilman Breider to approve the Ordinance on first readtnq an4
waive the reading. Seconded by Councilman Mittelstadt. Upon a roll call
v9te { : ,tebl r Titter, Mittelstadt and Breider voting aye, Mayor T,iebl dec3 axed
tie MgUpn carried unanimously.
Ths Apqneerinq Assistant asked if it was the Council's wish to stipulate the
fenge along the park property and Councilman Breider said he Weuld rather
�e4yq this up to the Building Standards - Design Control. The Zngineertnsg
As$istant told Mr. Nitschke that if he got his application in rfght owgyr
he Would go before the Building Standards at their Meeting of May 4th,
53RD
ORDINANCE, SAV #72-01
'.E.: (Madison Street)
Oe ;qqc peerinq Assistant showed the location on the 9verhea4 prgJe9t9; gRd
sa4d met the public hearing was held last week with np objec'ttops, Th*R is
for 09 vacation of a stub of Madison Street that has never been apeae4 aHd
Ih9 $tof.and the Planning Commission recommends vacation with the conditiQn
that there are some easements retained.
';,Q$ by Councilman Mittelstadt to approve the Ordinance on tirst re4gaq and
Wive the reading. Seconded by Councilman Breider. Upon at roll cal3
4%e*4er, 4iebl.utter and Mittelstadt voting aye, Mayor Tiebl 4eclare4 t4q
PFtign carried unanimously.
.
BUILDING STANDARDS -DESIGN CONTROL SUBCOMMTTEE MEN= OF MAY 4, 1972
The meeting was called to order by Chairman Zeglen at 5:10 P.M.
BBS PRESENT: Zeglen', Simoneau,.White, Tonco
ERS ABSENT: Lindblad
OIRM PRESENT: Peter Nerlofsky, A,�bdnistrative Assistant
MON by Zeglen to wive the reading of the minutes of the April 20, 1972
meeting.
Seconded by Simoneau: Upon a voice vote, all voting aye, the motion
carried unanimously.
Mr. Alvin Nitschke was present to present the request.
Mr. Nerlofsky informed Mr. Nitschke he needed an engineer's stamp on his
plans.
lk. Zsglen noted there was only panting for four cars and the Code calf
for sin. llr. Nitschke said there were two parking spaces in the open
area. Mr. Tonco said he would like some green area in front of these
parking spaces. He thoughtif he started the are at 17 feat there would
still be easy access to the off-street parking. Mr. Tonco said the Code
required Vx12" poured concrete curb around all blacktop areas. Ve also
sit a 10 Lora radius ,on all drive -day entrances.
Mw side setbacks on the plan-werm 10' and 101. This has been changed to
15 feet on the North lot line and 5 feet on the park side. This setback
was approved by the Engineering Department. Mr. Tonco wants it noted
that the Board was aware that the side setbacks should be 15' and 151.
Mr. Tonco asked about garbage disposal. Mr.. Nitschke said there wasn't
any good location for garbage caws but they would he enclo$ed and would
probably be located in two plates for convenience.
lir.' Vhite told I1r. Nitschke his contractor had to be licenced in Fridley,
As this license had to be approved by the City Council, he should be
sure the application was made in time for him to ger his permit.
Hr. Zeglen asked about security lights. Mr. Nitschke said.there would
be four lights on the garages and a gas light located near the front Bata,
Each unit will have their ow patio or court yard. There will be three
separate entrances.
1k. Nitschke said the exterior will be rough sawn cedar of board on
b9ard construction with brie vepeer trim ca the lover portion of the
front. The roof will have asphalt shingles. The garaGes will bo the
REGULAR COUNCIL MEETING OF MAY 15, 1972
PAGE 16
2. CONSIDERATION OF A REQUEST TO CONSTRUCT A SERVICE CENTER LOCATED ON THAT
PART OF THE NORTHEAST �i OF SECTION 11, T-30, R-24, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHEAST k OF THE NORTHWEST
k DISTANT 636.8 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHEAST k OF
THE NORTHWEST ;et; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 400 FEET;
THENCE SOUTHEASTERLY DEFLECTING TO THE LEFT 110 52'02" TO THE CENTERLINE
OF OSBORNE ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER OF OSBORNE ROAD TO
ITS INTERSECTION WITH A LINE DRAWN SOUTH FROM THE POINT OF BEGINNING AND
AT RIGHT ANGLES TO SAID NORTH DESCRIBED LINE TO THE POINT OF BEGINNING. THE
SAME BEING 315 OSBORNE ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY KORSUNSKY-
KRANK, INC., 1525 GLENWOOD AVENUE, MINNEAPOLIS, MINNESOTA 55405):
The City Engineer reported that the Building Standards recommended approval of the
plans with stipulations. The square footage of the building is in excess of the
Code requirement and there is not enough parking, so they have applied for a
variance. When the rezoning was approved the plans showed a building with 4070
square feet, now they are proposing a building with 6650 square feet which is
almost a 50% increase. He suggested, if the Council wishes, they could approve
the building using 6000 square feet which would meet the Code, then if their
variance is approved, they could increase the size to 6650. The 650 feet
difference would be for a variance to the parking requirement.
Councilman Breider asked if the shopping center would be a solid building and
the City Engineer said yes, it would be a row of shops within one building. He
then showed a rendering of the proposed building at the Council table. Mr. Ernst
explained that he had already talked to the Board of Appeals and the item has
been placed on the Agenda. Councilman Mittelstadt said that if they still have
to appear before the Board of Appeals, perhaps the Council should wait for their
recommendation. Mr. Ernst explained that they are pressed for time. There is
some special soil preparation necessary and they are proposing to prepare for a
6650 square foot building, in the hope they are successful, and the outside
walls could be reduced easily if not. Councilman Mittelstadt asked if this
would require a public hearing before the Board of Appeals and the City Engineer
said yes, the notices will be sent. Councilman Mittelstadt said if the Council
approved the request it would put the Board of Appeals in the position they would
feel that they had to concur with the Council action. He did not feel they
should be put in this position.
Mayor Liebl said that this project has been discussed very thoroughly and there
were many stipulations to the rezoning. There is a great deal of dirt that has
to be hauled and that takes time. If this was laid over, the Council could not
act on his request until June 5th, and although he agreed the proper process
should be gone through, sometimes there are extenuating circumstances.
MOTION by Councilman Breider to approve the request to construct a service
center requested by Korsunsky-Krank, Inc. subject to the Building Standards
stipulations and approve the building permit with 6000 square feet, unless the
variance to allow 6650 square feet is approved by the Board of Appeals, in
which case they could use the larger building. Seconded by Councilman Utter.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
The City Engineer reported that Item #3 (Viewcon quadraminiums) will be going
before the Planning Commission and will be forwarded to the Council after their
review.
REGULAR COUNCIL MEETING OF MAY 15, 1972
PAGE 15
MOTION by Councilman Breider to set June 12, 1972 as the public hearing date
for the rezoning request by John Doyle. Seconded by Councilman Mittelstadt.
Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
MAyor Liebl said there were rumors brought to his attention; one of which was
that there would be a factory going in that would be belching black smoke.
Another was that Mr. Doyle would be down -grading the house and another was that
if he did not get his rezoning, he would bring in 235 homes. When Mr. Doyle
came before the Council with his proposal, he was told to follow the proper
procedure, and he, personally, felt that this plan would be an improvement.
Mr. Doyle said he was very surprised to learn at the Planning Commission Meeting
that there was a petition going around with 216 signatures against this rezoning.
In order to get 216 signatures would encompass quite a bit of area. It was a
stated fact that at least a part of the signers were renters, not land owners.
In Addition, after the petition was submitted, at least one individual had been
informed it was to be rezoned industrial and he was asked How would he like to
have a factory belching black smoke?" He said he had talked to a fair number of
people within the 300 feet radius of the property and a great many indicated
they did not object, so it seems many changed their minds later. If he had
talked to many of these people, obviously the 216 signatures goes far beyond
this area. He said some of the circulators did not know what his presentation
was, so how could they go around and tell people what he was going to do? He
said he was not looking specifically for a rezoning, he would be just as happy
with a special use permit that would allow him to fix the house up and use it
for his real estate office. He said he certainly did not intend to build any
apartments, houses, or "factories belching smoke". From the street this office
would look quite like a private residence. He said if he is unable to use the
property as he proposes, possibly an alternate would be to build houses, but he
did not feel this area would justify a $35,000 - $40,000 house, so it would
have to be a low priced house. Another alternate would be double or multiple
family units. He said his impression was that the Planning Commission has another
design in mind for this area, but he thought that his use would have less impact
on those plans than anything else that could go in.
MOTION by Councilman Mittelstadt to receive the Minutes of the Planning Commission
Meeting of May 3, 1972. Seconded by Councilman Breider. Upon a voice vote, all
ayes, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL MEETING OF
MAY 4, 1972:
1. CONSIDERATION OF A RE VEST TO CONSTRUCT A TRIPLEX LOCATED ON OUTLOT 1, RICE
CREEK PLAZA SOUTH ADDITION, AND LOT 32, BLOCK 4, LOWELL_ADDITION, THE SAME
BEING 6591 MAIN STREET N E , FRIDLEY,MINNESOTA. (REQUEST BY ALVIN A.
NITSCHKE, 6441 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA):
The City Engineer reported the Building Standards recommended approval with
stipulations. Mr. Nitschke has submitted new plans incorporating their conditions.
MOTION by Councilman Breider to approve the request to construct a triplex by
Mr. Alvin Nitschke with the revised plans submitted this date to be used.
Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unanimously.
1
CUIM CWVCIL MEETING OF JUNE 5, 1972
SI .RR—S I
I
Stinson Boule
srs, Hanscom said that New Brighton has tapped into their sewer line for
POS'` 496 axed she felt this would put them in a bad position if tbere was u9mbla
With the line, She said the blacktopping only goes about 6' beyond her house
69 49 there is any action needed, it should be done before the street to gomv
fileted,
W01 Mehl asked the City Engineer to check into this and report back to the
CQUAGi l in one week with a copy of his report to be forwarded to Mrs, KansgCgj
Tho City Engineer said that the Engineering Assistant has checked :this out and
thQrQ WOS no problem to his knowledge. He said he would check it out to rage if
thore was any corrective work needed. This is work that has been don.@ by peW
orightons
QRDINJ,NCE #512 4 AN ORDINANCE FOR VACATION REQUEST SAV 072-03, GENE HETLAND,
ONAWAY ADDITION:
NOTz P Jiy Councilman Breider to adopt Ordinance #512 on second reading, waive the
991W44i ON order publication. Seconded by Councilman Mittelstadt, Upon a rQll
gall vgtes Biebl, Utter, Mittelstadt and Breider voting aye, Mayor Li.ebl 0991",94
the Motion carried unanimously..
3 w AN ORDINANCE FOR REZONING ZOA
R-1 TO R-3:
AL NITSCHKE
C+omnc:ilman Breider asked if the permit has been finalized and the City Enginaer
Qaio Ygs# the Ceuncil reviewed the plans and approved them, and he is in the
Iprogeog of getting his building permit.
MOTSON by Councilman Breider to adopt Ordinance #513 on second readiagF wa1.Va the
xeadinq and order publication. Seconded by Councilman Mittelstadt, goon a r911
G441 Vot9, Breider, Liebl, Utter and Mittelstadt voting aye, Mayor Uebl 4eglared
Q1e Potion carried unanimously.
972-A RESOLUTION CONFIRMING ASSESSMENT FOR STREET
ST. 1971-4:(Tabled 5-15-72
Who City Ang'ipeex said that the revised roll found in the Council Agenda is the
.QVM1t 99 the last meeting and the City Assessor has prepared a reV'ieed ass59p4j
Mont r911 for the Star Lane area and the 57th Avenue loopback areA, Mayor j,iebi
Laid that he bad read the memo from the City Manager dated May 3Q, 1972 and read
0 pggtign aloud to the audience. The point of difference is as follQW64
"Fpr the lgopbcack portion of service roads along trunk highway$, Where the
Prime consideration for their construction is traffic safety, the a&seiStn{et
rate for :R-1 and A-2 properties be set at 2/3 the cost of a Pormal residential
atroot, All other existing policies relating to the assessu►ent of atatg
@44 streets and other roadways to remain the same".
go aaid the §taff and the Council has discussed this very extensively and the
Council haq always followed the policy set out in 1p62R however this $6 a
Oli'feXg4t pituation.
I
REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972
PAGE 14
would clutter up Fridley. Fridley was called "Gasoline Alley" once, and he
certainly would not want to back -slide. The Council is requiring strict
building now.
Mr. Rummel said that U -Haul will not put their equipment in in a haphazard way
with it scattered all over, and are willing to put the equipment in a restricted
area. U -Haul also does not go in and use any off-street parking necessary to
the station. The stations are given so many parking spaces for employee cars
and cars being serviced and that area cannot be used to park U -Hauls. He said
U -Haul feels they can run a business at this location, keep their equipment
neatly and properly parked and be a service to the community and the gas station
owner also. He said U -Haul has helped in writing some communities' ordinances
and also worked with City Engineers on the plot plans. A neat and proper
station is to their benefit too, and at this location they feel there is enough
room and the business would not create any problems.
Mayor Liebl asked if they had any plot plan. Mr. Rummel said yes, it was given
to the Planning Commission and came forward to show the plans at the Council
table. He said the number of spaces and the location where the equipment would
be stored is all marked. There followed a discussion at the Council table while
looking at the plans.
MOTION by Councilman Mittelstadt to table this item to the Meeting of March 6,
1972. Seconded by Councilman Breider. Upon a voice vote, Liebl, Utter, Breider,
and Mittelstadt voting aye, Kelshaw voting nay, Mayor Liebl declared the motion
carried.
(A motion to table supercedes the previous motion)
Councilman Kelshaw explained that the reason he had voted nay on the motion to
table, is that he did not want a denial motion brought back.upon the table. He
would rather have had the motion withdrawn.
3. REZONING REQUEST, ZOA #72-01, BY ALVIN A. NITSCH_KEA To rezone from R-1 to
R-3, Outlot #1, Rice Creek Plaza South and Lot 32, Block 4, Lowell Addition
to Fridley Park together with the vacated street lying between the before
mentioned parcels.
The City Engineer reported this request was for a triplex and showed the location,
on the overhead projector. The Planning Commission denied the request. Mayor
Liebl asked if Mr. Nitschke was present at the Meeting, with no response.
MOTION by Councilman Mittelstadt to concur with the Planning Commission recommence
dation and deny the request for rezoning by Alvin A. Nitschke, ZOA #72-01.
Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl
declared the motion carried unanimously.
The City Engineer reported that Item #4 (Robert McGregor rezoning) is stili
pending before the Planning Commission. Item #5 (Mrs. Lloyd Murphy rezoning)
was denied and he understood that the applicant is withdrawing her request, so
the Minutes can be received.
MOTION BY Councilman Breider to receive the Minutes of the Planning Commission
Meeting of February 9, 1972. Seconded by Councilman Kelshaw. Upon a voice voter:
all ayes, HSayor Ltebl declared the motion carried unanimously. _
OI0
P
111
t
r/SP2�`7o-/v
j 0: 7v-0/
January 18, 1972
Alvin A. #fire
770 Hull Road
Anoka, Minn.
Res Property Exchange
Dear Al.:
Please recall the property exchange agreement wherein
the City was to deed to you Outlot 1, Rice Creek Plaza South
in exchange for the Northerly 12.7 feet of Lot 31 and the
Southerly 2.7 feet of Block 49 Lowell Addition to Fridley
Park.
We feel that we should complete this transaction prior
to advertising your new request for rezoning.
We Must mail the.notico for a Public Hearing to the
Paper on Priddy of this meek or we will be unable to hear your
request until March 8, 1972.
The agreement also includes a stipulation that you would
Pay the City $250.00 and the City would provide you with a new
certificate of survey on the new building site.
We will also need the property owner's signature on the
application for rezoning before we can process the request.
DC:ob
Enc.
If you have any questions, please call me.
'fours very truly;
:i
BARREL CLARK
Engineering Assistant
M
•
BNILIDING STANDARDS -DESIGN CODTROL SUBCMOaTTn MMTM OF MAY 4. 1972
The meeting was called to order by Chairman Zeglen at 8:10 PM,
MDMZRS PRESENT: Zeglen, Simoneau,.White, Tonco
M�ERS ABSENT: Lindblad
OMMM PRESENT: Peter Nerlofsky, 4&dnistrative Assistant
MOTION by Zeglen to waive the reading of the minutes of the April 20, 1972
meeting.
Seconded by Simoneau; Upon a voice vote, all voting aye, the motion
carried unanimously.
1. _ _ 0M OF A MQURST TO C STR A TNUMM LOCATED ORD OUTLOT 1.
Mr'. Alvin Nitschke was present to present the request.
Mr. Nerlofsky Informed Mr. Nitschke he needed an.engineer's stamp on his
plans.
Mr. Zeglen noted there was only parking for four care and the Code calls
for six. Mr. Nitschke said there were two parking spaces in the open
area. Mr. Tonco said he would like some green area iu .front of these
parking spaces. He though if he started the arc at 17 feet there would
still be easy access to the off-street parking. Mr. Tonco said the Code
required 61'xl2" poured concrete curb around all blacktop areas. .We also
want a 10 foot radius on all driveway entrances.
The side setbacks on the plan ware 10' and 10'. This has been changed to
15 feet on the North lot line and 5 feet on the park side. This setback
was approved by the Engineering Department. Mr. Tonco wants it noted
that the Board was aware that the side setbacks should be 15' and 151.
Xr. Tonco asked about garbage disposal. Mr. Nitschke said there wasn't
any good location for garbage cans but they would be enclosed and would
probably be located in two places for convenience.
Mr.*Vhits told 1fr. Nitschke his contractor had to be licenced in Fridley,
As this license had to be approved by the City Council, he should be
sure the application was made in time for him to get his permit.
Mr. Zeglen asked about security lights. Mr. Nitschke said there would
be four lights on the garages and a gas light located near the front gate,
Each unit will have their own patio or court yard. There will be three
separate entrances.
Far. Nitschke said the exterior will be rough sawn cedar of board on
b9ard cons�ructiou with brick, vepeer trim on the lower portion of the
front. The roof will have asphalt shingles. The garages will be the
v
1
2.
Building Standards -Design Control Subcommittee Meeting of May 4, 1972
Page 2
same. The units will feature sunken living rooms and vaulted ceilings
upstairs. Mr. Nitschke will occupy one of the =iU.
Mr. Nitschke said he would put up a chain link fence on his property
line next to the park for protection. He may put a decorative fence in
front Of it.
Ift. Nitschie did not present a landscaping plan.
MMON by TORCO to recommend to the City Council approval of the request
to construct a triplex with the following stipulations:
1. 6"x12" poured concrete curb around all blacktop.
2. 10' radius an entrances.
3. Sod area in front of off-street parking.
4. Side setbacks 15' and 5'.
5. Eaginser's stamp on plans•
f., install.chain link fence on South property line.
s
7. Prepare landscaping plan.
Seconded by White. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Ran Frank and Mr. Dick Ernst were present to present the request.
Mr. Zeglen said the plan had 38 parting spaces and the Code requires 44.
Mr. Fkank said they have such a narrow sliver of lid to work with and
if they cut down on the size of the building they would reset the parking
TO a. Tiley are going to apply for a variance of the .Parking
regulations from the Board of !Appeals so they would be abbe. to construct
the building as planned. Mr. Zeglen said the Board would consider this
request on the basis that they got the variance.
Nr. Irank said the exterior would be alumimm, brick and concrete block.
Be said the block would be painted to match the brick. The material for
the roof is cedar shingles. Mr. Tonco asked what kind of flashing they
will use. Mr. Krank said it would be galvanized iron.
MF. Rjrlofsky said they will have to bear the cost of the street improvement