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BLDG 10.72Building Standards -Design Control Subcommittee Meeting of October 26, 1972 Page 4 MOTION BY Lindblad to recommend to the City Council approval of the request to construct a model home and sales office with the following stipulations: 1. 10' radius on all driveways. 2. Driveway to be 22' wide. 3. Parking lot driveway to be 25'. 4. Parking spaces to be 20' x 101. 5. Provide a new landscaping plan. 6. Provide a drainage plan. 7. They can move the location of the model home to fit the lot but they must maintain a 15' setback on the North property line and 5' on the driveway. 4. CONSIDERATION OF A REgUEST TO CONSTRUCT A 32 -UNIT APARTMENT BUILDING WITH 1' 16 GARAGES, TO BE LOCATED ON THE NORTH 264 FEET OF THAT PART OF BLOCK 10, HAMILTONS ADDITION TO MECHANICSVILLE LYING SOUTH OF STATE TRUNK HIGHWAY #100 AS THE SAME IS LAID OUT AND CONSTRUCTED THE SAME BEING 5451 5TH STR: N.E., FRIDLEY, MINNESOTA 55432. (REQUEST BY STATE LAND & DEVELOPMENT COK 6229 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA.) Mr. Paul Burkholder was present to present the request. Mr. Burkholdersaid he wanted to split the location of the garages and have half on the East side of the property and have the other half on the West. This would create a swail in the center. Mr. Boardman said he could not have a swale but he should have a pipe in this.location for drainage. Mr. Burkholder asked if he could use precast curb on five parking stalls on the Northwest corner of the property. This would enable him to take out this section of curbing in the winter. He would stack the precast curb and reinstall it in the spring. When the parking lot was plowed they could push the snow out through this opening. He said he would agree to have an inspection every spring to see that the area was maintained and the precast curb was replaced. The Committee said they thought this was a reasonable request and they would go along with Mr. Burkholder but they are only a recommending body and this could be overrode by the City Council. The exterior of the building will be white Texture 111 vertical paneling with gray painted trim and black brick trim. Mr. Burkholder said he may use a new masonite stucco paneling but the color combination will remain the same. Mr. Tonco asked Mr. Burkholder about the party walls and separation between floors. Mr. Burkholder said everything would be constructed according to the building codes and he would exceed the codes in some of the construction. This will be a three story apartment building with a laundry room on each floor. Building Standards -Design Control Subcommittee Meeting of October 26, 1972 Page 5 MOTION BY Tonco to recommend to the City Council approval of the request to construct a 32 -unit apartment building with 16 garages with the following stipulations: 1. That 5 stalls on the Northwest corner of the property may have precast curbing as the Subcommittee felt this was a reasonable request. 2. Install a pipe for drainage on the rear of the property. 3. The complete plans be submitted to Council, all built to code, for the party walls,and separation between floors. Seconded by Lindblad. Upon a voice vote, all voting aye, ttje motion carried unanimously. 5. CONSIDERATION OF A REQUEST TO CONSTRUCT A HOME FOR THE HANDICAPPED TO BE LOCATED ON LOT 16, REVISED AUDITOR'S SUBDIVISION #10, THE SANE BEING. 6887 CENTRAL AVENUE N.E „ FRIDLEY, MINNESOTA. (REQUEST BY BLAINE CONSTRUCTIOV INC., 10152 BUTTERNUT STREET N.E., COON RAPIDS, MINNESOTA 55433.) Mr. Blaine Edmundson and Chester Tollefson were present to present the request. Mr. Edmundson said the exterior of the house will be stucco with cedar stained trim. The handicapped people living in the house will be going to work during the day. Mr. Boardman said they were required to have 10 foot radii on the entrance. There cannot be any parking in the front yard. The setback is the same as for the house, 35 feet. The parking area must be 20 feet from the property line and there should be 25 feet in the parking area plus the parking spaces. Mr. Edmundson and Mr. Tollefson will either have to change the placement of the sidewalk or move the house back 9 feet to meet these requirements. Mr. Zeglen asked what regulations they had to follow to have a home for the handicapped. Mr. Tollefson said they were regulated by the State, they must also meet the Anoka County Welfare standards and they have to obtain an annual license. Mr. Tonco asked that the privacy fence shown on the plan be extended to include the parking area on the East property line. MOTION BY Simoneau to recommend to the City Council approval of the request to construct a home for the handicapped with the following stipulations: 1. Extend the screening fence to include the parking area. 2. 20 foot setback for the parking area. 3. Change size of parking lot so it's not in the front area of the lot. m 4. 10' radius on entrance. 5. Submit a landscape and drainage plan. W REGULAR COUNCIL MEETING OF 'NOVEMBER 6, 1572 PAGE 12 MOTI,ON by Councilman Utter to concur in the recommendation to approve the plans with -special emphasis on Item #3 (Provide additional parking in Phase III plan.) Seconded by Councilman Breidez,. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried ti�nanimously. CONSIDERATION OF A REQUEST TO CONSTRUCT A MODEL HOME AND SALES OFFICE ON THE NORTHEAST COR\1ER OF LOT 4, BLOCK 2, EAST PANCH ESTATES 214D ADDITION, THE SAME BEING 7740 SITY AVENUE N.E.., FRIDLEY, MINNESOTA 55432. (REQUEST BY CAPP HOMES, 3355 HIAWATHA AVENUE, MINNEAPOLIS, MINNESOTA 55406 Mayor Liebl read the stipulations aloud and asked if Capp Homes concurred. A representative from Capp Fomes replied yes, they have incorporated t''n se sug- gestions into their plans. Councilman Breider noted that the minut�:a state that they will be hooking up to water and sewer and asked what was rF:quired of'the model home on the Target property. He said it seemed to him that they were required to submit a bond to cover the removal';,f the bsilding if necessary. The City Engineer explained that in that instance they are open--_�if_g under a temporary permit, it is not a permanent structure and are not hooked up to water and sewer. The Capp Home will be a permanent building with a full base- ment. Councilman Breider asked what would happen to the structure if it was no longer used as a model home. The City Attorney said that it could not be used as a residence, but it could become a law office or a doctor's clinic etc. Councilman Breider asked what it would look like. Mr. Bob Schroer brought a picture forward and said it is their "Shenandoah" mode! they will be using for the model home. It will have a triple garage that will be used for the sales office. The home will be finished inside, but not furnished. MOTION by Councilman Breider to concur in approval of the plans for the model, home by Capp Homes with the Subcommittee's stipulations. Seconded by Council, - man Mittelstadt. Upon a -Joice vote,all voting aye, Mayor Liebl declared the motion carried unanimously. X The City Engineer said that he wanted to make sure they were aware of the high water table in this area when they are thinking of their basement. A repre- sentative from Capp replied yes, they knew that and have chosen the type of home with this in m_rd. The basement section will only be about 5' into the ground. C,:NSIDERAT1011 OFA REQUEST TO CONSTRUCT A 32 UNIT APART ME.IT• BUILDING WITH 16—GARAGES, TO BE LOCATED ON THE NORTH 264 FEET OF THAT PAR.. OF Bt:CK 10, HAMIL':0:±' S ADDITI013 TO Mr'CHP.NICSVILLE, LYI14G ",:'7TH QF STAT-fE TRUIT. HIGHWAY #100 AS THE. :AME 1S TAID OUT AND CONSTRUCTED, ! SAME BEING 5451 5TH STREP N.E. , Fr.i L' `^i_'dNESOi'A 55432. (R::QUES'i ?Y ST` :,A::D DEVELJP- MENT COMPANY, 6229 UNiVE n: 1TY AVENUE N.E., FF.ILLE'., MINNESOTA): The City Engineer said that the Subcommittee has recommended approval of their plans with some stipulations, however, this area requires the vacation of an ley ana roadway to the north, which is in progress now. If L e Council wishes to approve the plans, the Administration will hold up the �)uilding permit until the vacation process is completed. He asked Mr. Burkholder if he planned on starting this fall. Mr. Paul Burkholder replied yes. Mayor Liebl informed WGULAR COUNCIL Pr'u*TING OF N-D4_LMBER 6, PAG$ 13 Mr. Burkholder .that the Council must go through the formalities of the public hearing and two readings of the ovdinance. He asked If the zoning was proper and the City Engineer replied yes. The City Attorney asked if he knew if he would encounter ar-y object--_- and Mr, Burkholder said he did not think sot the alley ruas through the ce:iatery. The City Attorney said that qtr. Burkholder should understand that if he chooses to start his construction before the vada. -,'.on is completed he is doing so at his own risk. Mr. Burkholder said he could not do that anyhow he _Isa of the title. The City Engineer was asked about the drainage on this parce.i of ground and he replied haat there would be a -pipe going north into the highway ditch. MOTION by Councilz an Mit:elszadt to approve the concept and authorize the building permit be issued when the vacation procedure is completed, subject to *he Subcoranittee's stipulations. Seconded by Councilman :-^eider. J_ -)on a voice vote, all. ayes, Mayor Liebl declared the motion carried unan=_':-,jusly. The City Council a9ted that the next item is the aTvroval oz :he plans for .he home for the handicapped by Blaine Edmundson, which ,1w a dead issue. CU.�SIDEF_'�Tlq�u OF A FEQUL'ST TO CONSTRUCT .f�.�i ADDITIOPy TO ' `' TT'J BUILDING LOCATED ON PARCEL *2710, THE SAME BEING 7585 N.E., FRIDLEY, MINNESOTA 55432. (REQUEST BY BALCO BUILDING SYSTEMS, INC. 2809 WAYZATA 3LVD., MINNEAPOLIS, MINNESOTA 55405, FOR STRITE=ANDERSON MANUFACTURING CO.): Mayor Liebl explained that he had received a call from Mr. Blanchard of Strite- Anderson who told him that they had received a government contract and were in a very tight time mind, and they must expand their building by about k. The plans,were approved by the Subcommittee with some stipulations. He said they employ 175 people now and they would go to 2,50 employees, and their payroll is $30;000 per week now and it would go to $37,000 per week. This company has created many jobs for the residents of Fridley. He then introduced the Council- men to Mr. Blanchard in the audience. Mr. M -W, Blanchard said that this is the first time he has ever se ---n a Council meeting in action. t;7e Mayr c-nd Council must go through a lot and have a lot of patience. He added that by comparison, his job will seem easy in the morning, Mr. Blanchard said that they nave met the stipulations of the Sub- committee and came forward and presented the drainage and landscaping plans to the City <agineer. Mayor Biebl said that tie understood that Strite-Anderson has made a commitment to t::e c"ederal Got._rna:rt, Mr. Blanchard said yes, they have branched cut into many fields since they started, their current contract is for scramblers. This is a devi » whereby a scrambled message is sent out into.the air waves, then It goesthrough a decoder and the message comes out. This is for national defer,•=r,, apd the, gT_ve,':�_-!e. . :rill be furnishing 5 machi;.as and they will provide gn d.�Itip:jal 9, Their co::ipa,.y started out with 30 people and 4 machines and --9 17Q people irid 16 machines, now they are expanding again, The City Bngineer reported that a foundation pQzmit was issued with a number rostr4iuts, becau p of their time limit, REGULAR COUNCIL MEETING OF DECMEBER 4, 1972 PAGE 10 t MOTION By Councilman Breider to concur with the Planning Commission and approve their request for a special use permit to continue the use of the service station. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. MOTION by Councilman Breider to concur with the Planning Commission and deny the request to convert the north stall of the service station to a car wash as it Mould create a serious traffic stacking problem in the service road - car wash area, and because of the grade situation the water would cause a dangerous situation in, winter. Seconded by Councilman Mittelstadt. Upon a voice vote all ayes, Mayor Liebl declared the motion carried. AUL 12 foot alley located in Block 10, Hamilton's Addition to Mechanicsville that is located between Highway #100 on the north and 54th Street on the south being the property of the Sacred Heart of Jesus Polish Catholic Church, The City Engineer said that the Planning Commission had recommended approval of the vacation request for the alley, but had recommended denial of the vacation request for the street. Mr. Paul Burkholder addressed the Council and said that the site plan, which has been approved, shows the garages 15' ,south of the fence line, but the City Engineer has suggested he move the entire plan 15' to the south and the roadway would not have to be vacated, He said he would have the necessary setbacks, except the setback at 55th St, if this street was ever to be opened up. He said the Public Safety Director did not recommend opening this street, but there would always be access for an alley if need be, Mayor Liebl asked if there were any property owners ob- jecting. The Chairman of the Board of the Sacred Heart of Jesus Polish Catholic Church, a member of the Board, and the Caretaker were present at the meeting. They said they had no objections and said they would like to see this settled, The.City Engineer said the Council should authorize the Administration to set up a pt4blic hearing for January, and as Mr. Burkholder would like to move ahead w4h this project, he would like to know if the Council agrees with the cgmplox cath originally presented but moved 1$' to the south so he can get his plans going. MOTION by Councilman Breider to set the public hearing for January 15, 1973 and indicate to the petitioner that the Council agrees with the concept of the total development, including the 15 foot shift to the south in.the building's location, Seconded by Councilman Mittelstadt. Upon a voice votes all ayes, Mayor Liebl declared the motion carried. W. Burkholder said he realized they had to hold a public hearing but as he and the Church Board are really the only people involved, and there are no other parties concerned, he would like to know if it would be.possible to get things going before the final reading: The City Engineer said that once the hearing is held, if there are no objections, there should be no,problems. MOTION by Councilman Breider to receive the Minutes of the'Planning Com- mission Meering of November 22, 1972. Seconded by Councilman Mittelstadt. i`;.an a. voice vote, all ayes, Mayor Liebl declared the motion carried. REGULAR COUNCIL MEETING OF DECEMBER 4, 1972 PAGE 9 CONSIDERATION OF A REQUEST TO DOVE A HOUSE FROM 4044 UNITY, ROBB MINNESOTA TO FRIDLEY, TO BE LOCATED ON PARCEL 940, AUDITOR'S SUB. #129 ON FIRESIDE DRIVE N.E., OR LOT 4F, AUDITOR'S SUBDIVISION #2 THE SAME BEING 6634 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA. (R 55432 The City�Engineer showed the City Council a picture of the house they would like to move into Fridley. Mayor Liebl asked the City Attorney if a bond was always required. The City Attorney said it was to the best of his recollection. Mayor Liebl asked the petitioners if they understood that a paved driveway was required, and they said they understood this. Councilman Breider said he felt the house would fit into the area, and asked if the garage was going to be moved also, and was told that it would be. Mr. Findell said they would repaint the siding and repair any damage. Councilman Starwalt asked if the house was going on a full basement. Mr. Findell said it would be an 11 course basement. The City Engineer said the time limit for the bond was one year, so it would have to be brought up to code before that time limit was up. MOTION by Councilman Starwalt to concur with the recommendation of the Building Standards - Design Control Subcommitee and approve the request with the stipu- lation that they post a performance bond of $2500, the house be repaired and brought up to Code within one year, and that they pave the driveway. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. SIDERATION OF A REQUEST TO CONSTRUCT A SPECULATIVE BUILDING TO BE HEAST QUARTER OF SECTION 3, THE SAME BEING 7901 BEECH STREET N.E., LEY, MINNESOTA, 55432. (REQUEST BY BRYANT-FRANKLIN CORPORATION, 900 COUNTY ROAD D. NEW BRIGHTON. MINNESOTA 55112): The City Engineer reminded the Council that this item had appeared before them previously and they had approved it contingent upon the approval of the Building Standards - Design Control Subcommitee. There is no further actign required by the City Council, MOTION by Councilman Braider to receive the Minutes of the Building Standards Design Control Subcommittee Meeting of November 21, 1972. Seconded by Council- man Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF NOVEMBER 22, 1972: REQUEST FOR A SPECIAL USAF PERMIT SP #72-16, BY PHILLIPS PETROLEUM COMPANY; To continue the use of service station per Code 45,101,8, 3 E�to convert the north stall of the pervice station to a car wash & install a car wash machine per Code 45.101, B, �H, located on the south 120 feet of the east 120 feet of Lot 18, Block 5, Rice Creek Plaza South Addition, being that northwest corner of University Avenue $ Mississippi St. The City gngineer pointed out that the Planning Commission recommends appr9yAl of t;he special use permit for the service station but denial of the car wash, Mayor Liebl said he would agree as there is quite a bit of traffic conflict on that Garner and the water from the car wash would make the area slippery In winter, 10 REGULAR COUNCIL MEETING, JANUARY 22, 1973 Page 9 _LTTTING UP PUBLIC MEETINGS WITH STATE LEGISLATORS FROM DISTRICT 46 TO DISCUSS ACTIVITIES OF STATE LEGISLATURE SUGGESTED DATES FOR THE MEETINGS ARE JANUARY 2+4. FEBRUARY 21 MARCH 21, AND APRIL 18, 1973• Mayor Liebi asked what day of the week the proposed meetings would fall on, Councilman Utter said all the meetings fall on Wednesday evenings. Mayor Liebl expressed the view that it is a good idea to tabic to the Legis- lators and find out what Is going on in the Legislature. He suggested the community room be set aside for the meetings and fees waived, MOTION by Councilman Breider to reserve the Community Room on the proposed dates, waiving the fee. Seconded by Councilman Nee, The City Manager said the DFL party had reserved the room, however, he added the administration may be able to have them change the meeting, or perhaps attend the proposed meetings. Mayor Liebl asked if local people and repre- sentatives could ask questions. He said this would give the representatives a chance to communicate. The City Manager was directed to write a letter to all four men and have the Sun Newspaper publish the dates of the meetings, UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously, CONSIDERATION OF APPROVAL OF FINAL PLAT P S #Z2-07, JIM LUND ACRES_ BY JAMES LUND CONSTRUCTION, -INC.. GENERALLY LOCATED IN S.E.-CORNER OF 75TH AVENUE AND CENTRAL AVENUE: AND CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUEST ZOA #72-12 BY JAMES- LUND CONSTRUCTION, INC., TO REZONE FROM C-1$ TO R-1* MOTION by Councilman $tarwalt to approve the final plat P, $. #72-07, Jim Lund Acres, by James Lund Construction Co, Seconded by Councilman Breider Upon a voice vote, all voting aye, Mayor Liebl'declared the motion carried unanimously, MOTION by Councilman Starwalt to adopt the first reading of ordinance for the rezoning request ZOA#72-12 by Jaynes Lund, and waive the reading, Seconded by Councilman Brelder, Upon a roil call vote Nee, Breider, Starwalt, Liebl, � and Utter voting aye, Mayor Liebl delcared the motion carried unanimously and the first reading wis adopted, j X SONS IDKRAT iON OF FIRST READING, OF AN ORD IANANCE FOR VACATION RE2UEST SAV 1'ZZ-06 JY STATE LAND AND DE VELgPMENT COMPANY PAUL BURKHOLDER; GENER4LY LOCATED BE- TWEEN HWY. 100 ON THE NORTH 54TH AVENUE ON THE SOUTH, 5TH STREET ON THE :,EST AND 6TH $TREET ON THE EST ; Y^ �r REGULAR COUNCIL MEETING, .JANUARY 22, 1973 Page 1'0 The City Engineer said the only persons concerned were the members of the board of the Polish Nation Cemetary, and they had no objections to this vacs^ alon request. MOTION by Councilman Nee to adopt the first reading of the Ordinance for the vacation request SAV #72-06, by State'Land and Development Company, Paul Burkholder, and waive the reading. Seconded by Councilman Breider, Upon a roll call vote, Utter, Nee, Breider, Starwalt, and Liebl voting aye, Mayor Liebl declared the motion carried unanimously and the first reading was adopted. BONS IDERATION OF APPROVAL OF REGISTERED LAND SURVEY, P. S. #72-06 BY DONOVAN A�SCHULTZ: GENERALLY LOCATED AT 15 RICE CREEK WAY; Councilman Nee said he was not satisfied with this proposal. He continued by Saying the Planning Commission had said the rest of the residents had been notified and he had checked and those he talked with said no one had been consulted, He suggested as long as the matter applied to the lake bottom that It should be referred to the Locke Lake Association for their views. He asko-d if an adequate lot had been established, The City Engineer pointed out the area on the overhead projector, and said the split leaves 85 feet next to the roadway and varies. He added, it Is large enough to be a building site, Councilman Nee asked why this request had been channeled through the Council, in order to obtain a legal description at this time, according to the City Attorney, the property owners must obtain a registered land survey, and this Involves a great deal of money. He said Mr. Schultz had spent $1,500 to 42,000 in surveys to satisfy the Register of Titles. The City Attorney suggested the City contact Mr, Al Kordiak and Mr, Mike O'Bannon for guidance in resolving the problem in a practical way for the remaining property owners. Councilman Nee said he believed the adoption of the land survey would only compound the problem, He Said there are other pieces of property in the area In private hands, He stressed the fact that the problem would be compounded if all the property owners were not able to follow the same procedure, The City Attorney said at the present time, there is a quit claim deed trans- ferring the property from Mr. Ostman to Mr. Schultz, Councilman Nee questionei if other property owners were to try to go through the same, process, would they be told someone'already owns the property. He stated the action can not be unilateral, The City Attorney said he did not believe It to be a bad suggestion to refer the problem to the Locke Lake Association as It may result in some program to reduce the amount of money to be spent on this process, He continued by saying Mr, Ostman does not want the property and does not want to pay taxes on it, The City Attorney said he had not done a complete title search on the land, Councilman Nee said he questioned the entire procedure because thv per:plu in- vQlved did not know about it, REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 9 1 CONSIDERATION OF A REQUEST TO CONSTRUCTION A 32 -UNIT APARTMENT BUILDING WITH 16 GARAGES TO BE LOCATED AT 5451 - 5TH STREET N. E., BY STATE LAND AND DEVELOP- MENT COMPANY, 6229 UNIVERSITY AVENUE N.E. FRIDLEY, MINNESOTA M RECEIVING A LETTER FROM JACRED HEART PARISH WAIVING THE RIGHTS OF THE PUBLIC HEARING FOR THE YAC-AT12a OF THE ALLEY: MOTION by Councilman Mittelstadt to receive the letter signed by Paul Burkholder, President of the State Land and Development Company, Brunis Smoka, Chairman, Cometary Committee, Sacred Heart of Jesus Church, and Emil J. Jakubie and Stanley—Eggert-.of .the.Cemetary-_Committee, dated December 13, 1972, waiving the right for a public hearing for the vacation of the alley in the property also known as the north half of the Sacred Heart of Jesus Polish Catholic Church cemetary property. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. The City Engineer explained the purpose of the letter as protection to hold the City harmless of any legal responsibility should they want to start construction prior to the vacation being completed. He added, since the only people involved have agreed to the vacation and signed the letter, the building plans could be approved as long as they include the stipulations set by the Building Standards at their meeting of October 26, 1972. MOTION by Councilman Mittelstadt to approve the construction of a 32 unit apartment building with 16 garages to be located at 5451 - 5th Street N. E. by State Land and Development Company, with the following stipulations: 1. That 5 stalls on the northwest corner of the property may have precast curbing. 2. Install a pipe ,for drainage on the rear of the property., 3:- The party walls and separation between floors bebuilt to code. The motion was seconded by Councilman Breider, Before a vote was taken, Mayor Liebl asked the City Engineer if there was a drainage problem in this area. The City Engineer @aid instead of surface drainage, the water will be piped into the Highway Department ditch to the north along I. 694. Councilman Utter asked what the Highway Department said about this. The City Engineer answered, a permit must be obtained from them. UPON A VOICE VOTE, Breider, Starwalt, Liebl and Mittelstadt voting -aye, Council- man Utter voting nay, Mayor Liebl declared the motion carried. DISCUSSION REGARDING BUILDING PERMIT STIPULATIONS FOR VIKING CHEVROLET LOCATED AT 7501 VIRON ROAD: Mayor Liebl called on Mr, Ken Isaacson of Viking Chrevrolet to address the Council. Mr, Wyman Smith, Attorney representing Viking Chrevrolet, said Mr. Isaacson was not present. lie said that Mr, MArk Dooley, General Manager of Viking Chevrolet would address the Council and explain the results of a tour of the premises on December 13, 1972 by Mr, Isaacson, Mr. Darrel Clark, Community Development Adminfs'fitator, Mr. -Jerry Boardman, Planning Assistant, and himself, Be said Mr, Dooley was not present at the meeting with Mr. Isaacson, Mr. Boardman and Mr. Clark Qn November 29 when the staff was trying to interpret conditions when they took over the building, He introduced Mr. Dooley, 6229 UNIVERSITY AVENUE N. E. • MOON PLAZA • MINNEAPOLIS. MINN. 55421 • PHONE: 560.1020 13 December, 1972 Mr. Nasim Quareshi PS Fridley Engineering Department Fridley City Hall Fridley, Minnesota 55432 Dear sir: It is understood and agreed to by the parties involved, that we willwaive the right for a public hearing and hold harmless and release the City of Fridleyof any legal responsibilities thereto, if said City of Fridley shall agree to the following proposal. . Upon submission of proper blueprints, the City of Fridley agrees to issue a building permit for the construction of a 32 unit apartment and 16 garages to be built at 5451- 5th. N.,E. , Fridley, prior to that part of the alley located in Block 10, Hamiltons' Addition to Mecancisville being officially vacated. This property is also known as the North half of the Sacred Heart of Jesus Polish Catholic Church cemetary property. - Sacred Heart of Jesus Church Brunis Smoka, Chairman Cemetary committee. ait A01 %'tate Land & velopment Paul Burkholder, President QTY OF FRIMMYr ADDRESS AMID LEGAL DESCRIPTION: s:v- OW1 WCONTRACT P=HASER: � - �NSIItDCTION DATE. eZ �� ADDITIONS: ` -� - �7 A. ZCNIING ACTION: ORDIONCE NO: B. SPECIAL USE PERMIT(S): # C. IOT SPLIT (S) : # J `3 -0 -Z D. VACATIONS) : # °-✓Z -0 (c ) ORDINANCE NO: E. VARIANCES APPEALS COMMISSION: APPROVED DISAPPROVED DATE NO. CITY COUNCIL: APPROVED DISAPPROVED DATE NO. F. EASEMENTS: REQ'D DEPT RECD Bikeway/walkway Street right-of-way Utility Drainage Alley Other (Specify) G. LICENSE(S) (List): Date of Renewal:19 �� - - H. STIPULATIONS (List): DATE SIRED DATE COMPLETED CA K�(��i�� � �vovll� b� V�nfitol W do OL G DRC Meeting l V A5, 2001 ,8:30 AM, Room BY w 14 k�bGIG�� seeds diov, Of or gra Agenda f(atr ng Permit Request -Tim Nelson J- 611 & Main CA �0 Speci �r?gPfrmit%' � WolfeA�ar(a�q?,C 6Ut R�z� '- obbr 01 IronioR Y \ a .t"Vacation— Harriet Skar' — 451 5Street 5. Home Depot 6. Other Problem Properties 5 0 ). -�5 �I VA 5-t - E kP ) 0 pj�n n C,4 Of1�0 4v II rnkI*V1 (�fr6�I pCo-vi I �G 1 C2 (k . OcCIVAC11 tp vn V1 rt vilvo IV, �DaGc Harriet Skarie 3504 Larchwood Dr. Minnetonka, MN 55345 June 16, 1997 Scott Hickok Fridley Municipal Center 6431 University Ave. N., E. Fridley, MN 55432 Dear Mr. Hickok: We are interested in purchasing the unimproved right-of-way adjacent to the north wall of the garage facility at 5451 5th St,� refit . We want to purchase this property in order to gain compliance with the five foot setback requirements necessary to clear the title and bring the property into full compliance. We would also like to purchase this land so we would be able to put up lights or fencing to keep children and teens from hanging out back there. This spring the children started a fire in the grass in back of the garages that the fire department had to put out. People also dump rubbish such as old appliances on this land that has to be hauled away. We would like to know if the city would deem it excess and if they would sale it or a subdivision of it. We would also like to know what the purchase price would be for all or part of this land. Sincerely, Harriet Skarie Manager and part owner June 26, 1997 Harriet Skarie 3504 Larchwood Minnetonka, MN 55345 Dear Ms. Skarie Thank you for your letter regarding interest in acquiring a portion of the property adjacent to your apartment complex. Upon receipt of your letter, we began the necessary research of the right-of-way history to better understand our City's position on this matter. The City acts on land use requests within a 60 day timeframe whenever possible. Your case, however, is somewhat unique in that your letter has initiated research activity on our part. We will not be able to start the 60 day clock on this particular request until we have pulled together answers to all the unknowns (i.e. right-of-way status, ownership, original dedication terms etc.). If you have information regarding these unknown components that information would be appreciated. Within the next week we anticipate that we may have the answers we need to better inform you about history, your process, and the anticipated timeline. If you have questions regarding this matter, please contact me at 572-3599. Sincerely: CITY OF FI IDLEY Scott J. Hickok Planning Coordinator C-97-114 FRIDLEY MUNICIPAL CENTER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612) 571-3450 • FAX (612)571-1287 May 5, 1997 Roscoe Smith Pinecrest Apartments 5451 - 5"' Street N.E. Fridley, MN 55432 RE: Unimproved Right -of -Way Adjacent to the North Wall of the Garage Facility at 5451 - 5' Street (551 Avenue) Dear Mr. Smith: I recently had the opportunity to meet your Resident Manager, Robin Kowalski, and discuss the concerns about the area on the north side of the garage facility at 5451 - 5' Street. During that discussion, concerns about the recent survey/garage location and continued maintenance of the unimproved right-of-way were raised. In response to my discussion with Ms. Kowalski, I took the issue to a recent Development Review Committee meeting where City staff discussed the alternatives concerning the unimproved right-of-way generally located on the north side of your property. Upon review, it is clear that maintenance of this area has been a concern in the past (see letter dated May 6, 1987). In fact, Kate Nichols, former Manager, committed to maintaining the property if the City would provide the seed required to establish ground cover. The City carried out its end of the agreement. In accordance with the May 6, 1987, letter, maintenance issues are to be carried out by the owner/ anagement of the apartment complex. Taking this and the apparent placement of your garage facility into consideration, City staff believes that a subdivision/sale of excess property of this unimproved right-of-way is the most appropriate course of action. Subdivision and partial sale of the unimproved right-of-way would be beneficial for several reasons: 1. The location of the garage facility being on or over the northerly lot line will be cause for concern should the title company review the conditions of the property. 2. The subdivision and purchase of sufficient property to gain compliance with the five foot setback requirements would clear the title and bring the property into full compliance. Pinecrest Apartments May 5, 1997 Page 2 3. The subdivision and purchase of the excess property would essentially give you full control and authority over the section that you own. Any security measures such as fighting, fencing, etc., could be done but would be your responsibility. (It is the City's policy to not maintain unimproved right-of-ways.) If the garage facility is within the current lot boundaries and not extended over the north line, at a minimum, the City would require you to apply for a variance. If the garage facility is over the line, a subdivision/sale is the only option. Enclosed is the application to initiate the -lot split/subdivision process. If you have any questions about the subdivision/partial sale of property or would like to pursue a variance because of the location of the garage facility, please contact Scott Hickok, Planning Coordinator, at 572-3599. The best deterrent to the dumping/loitering problems that have been occurring is continued maintenance, lighting, fencing, or even signage. Unfortunately, under the current classification as unimproved right-of-way, it is the City's policy not to initiate a maintenance routine or construct barriers such as a fence in such a location. Subdividing and purchasing a portion of the property would give you full control and authority. Please keep in mind that you would have to bear all costs associated with the lot split, sale/purchase of excess property, and County filing fees. Also, keep in mind that the City Council has the ultimate decision as to whether this subdivision and sale of property can occur. Public hearings will be necessary to make a determination. I hope this information is helpful. Please feel free to contact me with any questions or concerns at 572-3595. Thanks for your cooperation. Sincerely, Kurt Jensen -Schneider Code Enforcement Officer KJS:Is CE -97-137 Planning Commission etin - Januall 2j, 1971Pae 3 3. VACATION REQUEST: SAV #73-01 BRYANT•FRANKLIN CORPORATION, To vacate drainage naiad= utility �gaaement PA the Soutberly 3 feet of Iota 13 through 16, Block 3, aiee Cre4k Torrace Plat 2. Mrs Dorval Qjovk sai¢ this vacation request should be -on the agenda with the reaoAtaS raquast which will be oq the February 7th agenda. They won't want the vacotio�n if the reeoning isn't approved. MOTION by pitspatrick, aacoatided by Minishe that the -Planning Commission continue the vacation rgiveete SAV #73-01, Bryant -Franklin Corporation, to vacate drainage and utility easement on the Southerly 5 fact of Lots 13 through 14, Shock 3a Rico Creek Terrace Flat 2, until February 7, 1973. Upon a voices vote? all vpting pyga the motion carried unanimously. 4, jEQUEST FOR6 L9T SMITI L S #73-02 TATE LAND MM DEVELOftLNT RajANY Block 10, H[ pt toaa'8 Addition, Mir, Agrrpl Clark said the City Clark does not have to split assessments until a lot Oplit ha4 been epprovod, This is the property of Paul Burkholder, and this reg4fst will officiglly approve the development of land between the petitioner and the comotarys Mr, ytt4p4trick said the +alley vacation was approved but not the street vacation, The Planus Commiastm was confused on the description of the lot split bocause no lots were mgptionod. Mr. Clark said there has been some problem with the sVrvoy but Itx. Burkholder bought 234 feet of this block no matter how it is deparibad, MOTION by Schmedekol sagoaided by Minishe that the Planning Commission recommend to the Council approval of the request for a Lot Split, &,$. #73-020 BStato Land and Devol,opeseRt Company, to split off the North 234 fact of 90k 10, liaa+iltoq's Addltioq, Upon a voice vote, all voting aye, the motion carried unanimously, Mrs Bricksoq asked Mv, Gabrelci.k It Mr. Kohlan was ,doming, Mr. Gabralcik answered that he hadn't opokoa to Mr. Kohlan Rine the last meeting, Chairman Brickson acid they would continuo the Public Hearing on Mr, Gabrelcik'a request for a Spacial V44 f'ormit 4t this 41e, Mr. Ssla�qoq pai4 thq last t#n you wage in, Mr. Gabrelcik, we asked for a sketch 9 the proposed use of your loy-out. Do you have it? Mr, Qakre:lct% gall ho Walt 4r#VA say 64tchs 11r, Brickaoq said we'also askad for prQAi! Qf awaarRhig op the l9t4 you are uatpa or wish to use so we wo4ld McV vhat pard of y9mr property 14 covered by the grandfather clause, lir. 04brelclk sold ho bFought aoame tax atatemVpto, would they do, Ch4irman4 Eri,cksm said he didn't Pow if phey WOV14 or note but the Commission would look at thw, Chairman gt'ic494 410490 Mrs Gab;glctk ,thy ho hadn't brought a sketch of Plats & Subs. - Str., & Utii, Meeting - Januarl 2�4, _1973 Page 2 for a utility casement. MOTION by French, seconded by Engdahl, that the Plate & Subdivisions - Streets & Utilities Subcommittee recommend to the Planning Commission, approval of the request for a Lot Split, L.6. #73-01, by Robert Schroer, to split off the South 204 feet of the East 200 feet of Lot 3, Block 2, last Ranch Estates 2nd Addition, subject to an additional 17 feet being added to the original. 20 foot easement to give the lot to the rear of the property access to the sewer. Upon a vpice vote, all voting aye, the motion carried unanimously. 2. VACATION RZ9UEST: SAV #73-01, BRYANT-PRANRLIN CORPORATION: Vacate drainage and u lity casement on the Southerly S feet of Lots 13 through 16, Block 3, Rica Greek Terraces Plat 2. Mr. Schmedeke said thio request is contingent upon a rezoning request. Mr. Darrel Clark said they are planning to add on to the Red Owl Store. if it is properly zoned. He said he had talked to the power company and the telephone company and they have no objection to the casement being vacated if this was allone big development, If the rezoning isn't approved, tftn the vacation shouldn't go through because they would need this easement If it was developed residential.. Alsp, the developer will have to provide drainage, an equitable means of drainage to either street. Mr. Moissuer said the water tends to pondon three of these lots now. Mr, Clark said an long as they provide good drainage, the City has no objections. Mr, French said he would not care to hove any access traffic going out to 66th Avenue. Mr. Clark said the private drive going out to 66th Avenue now was at the request of the City and not Rod Owl, Mr. Motsener said he didn't think the rosidents in,the areas should be assessed for storm sewer chargee if the developer has to have storm sewers for drainage. NOTION by Frea�'h, seconded by Wenner, that the Plate & Subdivisions - Stsreet & Utilities Suboommittoo recommend approval to the Planning Commission of the Vacation Request, SAV #73*01, by Bryant -Franklin -Corporation, to vacate drainage and utility casement on the Southerly 5 feet of Lots 13 through 16, Block 3, Rice Creek Terrace Flat 2, subject to proper rezoning, subject to an adequate drainage plan implemented at their expense and denial of traffic access to 66th Aveuea. Upon a voice vote, all voting aye, the motion carried unanimously. 3. Unmesl ZOR A LOT FLI : L.S #73-02 SIM LAW (DEVELOPMENT COMPANY to split off t @-North-234 feet of Block 10, Hamilton's Addition. Mr. Clark said we've looked at this once on a vacation of the alley and the street. When the Purvey was completed, the lot kine the fence is located on does not follow the existing property 1444, He hes to go through the f , Plato & Subs. • StI. & Util. Meeting - januarl 24 1973 Page 3 mechanics of getting a lot split approval, Thera is no change in any of the proposals he's made•to us, The bite'.ia still the same, the same,location. It's just that the+ property line between Paul Burkholder's property and the cemetery does not follow the existing lot line. Mr. Schmse4eke asked it both parties were in agreement, Mr. Clark said they were. Mr. Meisner asked if this was the proper way to describe this lot split, Mr. Clark said the County Surveyor hadn't decided on how he will describe this property. The intent is to split off the apartment site from the cemetery site. MOTION by Meissner, secogded by Engdahl., that the Plats & Subdivisions - Streets & Utilities Subcommittee recommend to the Planning Commission approval of the request for a Lot Oplit, L.S. #73-02, State Land & Development Company, to split off the North 234 feet of Block 10, Hamilton's Addition. Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Schmodeke adjourned the sheeting at 7s40 P.M. Respectfully submitted, Dorothy Eveftson, Secretary JI BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MEETING OF APRIL 5, 1973 The meeting was called to order by Chairman Zeglen at 8:22 P.M. MEMBERS PRESENT: Zeglen, White, Lindblad MEMBERS ABSENT: Simoneau, Tonco OTHERS PRESENT: Jerrold Boardman, Planning Assistant MOTION by Lind4l4d, Seconded by White, to approve the minutes of the March 22, 1973 meeting as written. 1. Consideration -.off a request to substitute a textured stuco exterior where -Ter wood sidiH!z* was indicated on the original plan and still maintain brick veneer as shown on the original plan, for a 32 unit apartment, located on the North 264 feet of that part of Block 10, Hamilton's addition to Mechanicsville,.lyin2 South of State Trunk . iazh av =100, the sante being S451 -5th Street N.E., Fridley, `•Minnesota (Request by Br ant - Franklin Corporation, 900 hest County Rd. D, New Brighton, Minnesota 55112). Mr. Brama of Bryant -Franklin was unable to attend the meeting, but Mr. Boardman spoke to him over the phone. Mr. Brama explained they wanted to change the exterior finish from wood to a Spanish style stucco with a brick trim due to the fact that it is impossible to get the lumber they wanted. - Mr. Boardman.also told Mr. Brama that there is a drainage problem that has to be corrected, and the precast curbing on the plans will have to be changed to poured concrete curbing. Mr. Brama said Comstock & Davis will have the plans to solve the drainage problem done the following week. MOTION by Lindblad, Seconded by White, that the Subcommittee recom- mend to the Council approval of the request to allow the change from a wood exterior to a Spanish style stucco with brick finish with the fol- lowing stipulations: 1. A final drainage plan be brought in. 2. Precast curbing changed to poured concrete curbing. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 2. Consideration of a reauest to construct an addition on the present structure for purpose of cold storage area, located on Lots 16 4 117, :auditor's Subdivision 88 the sane beinc 6161 Highc.av =65 N. ., Fridley, Minnesota. Request oy Mr. 4tiilliar.. N1ciCiow, 6161 hi;h- way 65,N.E., Fridley, Minnesota). also knor,n as the Shorewood Inn, REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 16 s MOTION by Councilman Utter to set a Public Hearing ton the preliminary plan by Darrel A. Farr Development for May 14, 1.973• Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PROPOSED PRELIMINARY PLAT, P. S. #73-04. VEIT'S SECOND ADDITION_ . BY LONDA ENGLUND: Mr. Clark said the Planning Commission had recommended approval of the pre- liminary plat. He said a Public Hearing could be set. MOTION by Councilman Nee to set a Public Hearing on the Preliminary Plat requested by Londa Englund for May 14, 1973. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. EXTENSION OF SPECIAL USE PERMIT. SP. #71-04. GREEN GIANT HOME AND GARDEN CENTER POOL CENTER: Mr. Clark said the extension had been continued at the Planning Commission level. CONS I DERAT ION OF NATIONAL GUARD ARMORY PROPOSAL: MOTION by Councilman Utter to concur with the Planning Commission members who believe it would not be in the best interest of the City to add the National Guard Facility to its many other projects. Seconded by Council- man Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REPLAT OF BLOCK 10. INNSBRUCK NORTH TOWNHOUSES. FIRST ADDITION, REQUESTED BY VIEWCON: Mr. C12irk said he wouldlike to add this item and set a Public Hearing on the item for May 14, 1973. He explained there had been some confusion in construction which directs the jogging of lot lines which are not straight. MOTION by Councilman Starwalt to set a Public Hearing on the replat request by Viewcon for May 14, 1973. Seconded by Councilman Breider.. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by -Councilman Breider to receive the minutes of the Planning Commission meeting of April 4, 1973. Seconded by Councilman Utter. Upon a voice vote, • all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDING STANDARDS DESIGN CONTROL MEETING OF APRIL S. 973: ,6 REQUEST FOR SUBSTITIffE TXTURED STUCCO EXTERIOR WHEREVER WOOD SIDING -WAS INDICATED ON THE ORIGINAL PLAN AND MAINTAIN BRICK VENEER AS SHOWN ON THE ORIGINAL PLAN BY BRYANT-FRANKLIN CORPORATION AT 5451 STH STREET N.E.: REGULAR COUNC P MEETING OF APRIL 16, 1973 PAGE 15 Mayor Liebl sail the property is very close to the railroad tracks. He said there was M-2 �:,jning in the area. He added, there would never be any residential areas there. payor Liebl asked the petitioner if he would like to have this project completed this year? Mr. James A. Dowds, 899 23rd Ave. S.E., Mpls, said they would like to cooperate in any way the City wanted them to. He said he would go to the Building Stand- ards Design Control Subcommittee and return to the Council at their next meeting. He said he would like to know what the parking and screening regulations would be. He said the construction of the proposal would be kept in line with the regulations. MOTION by Councilman Nee to not rezone the property. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. k,--,yor Liebl directed the representative to appear before the Building Standards Design Control Subcommittee and come back to the Council .with their recommendations. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF APRIL 4. 1973: REZONING REQUEST BY ROBERT SCHROER: ' Councilman Breider asked if it would be in order to set the Public Hearing for May 14, 1973? Mr. Clark said there is a memo on file stating the Public Hearing would be May 7, 1973. Councilman Breider said this was not a regular hearing meeting. Mr. Clark said the date could be changed if the Council so wished. He added, he hoped this would be possible considering the time. Councilman Breider said the schedule for the regular public hearing meeting of May 14, 1973 is already very heavy. Mayor Liebl said this is three weeks from the present time. Mr. Clark said there was nothing controversial about the matter, the only consideration would be the time requirement. MOTION by Councilman Breider to set the Public Hearing on the rezoning request by Robert Schroer for May 7, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PROPOSED PRELIMINARY PLAT. PLS. #73-02. INNSBRUCK NORD TOWNHOUSES PHASE IV AND V. BY DARREL A..FARR DEVELOPME=NT: Mr. Clark said this.item had been continued at the Planning Commission level. Mr. Clark said if the Planning Commission, made a decision on the matter, the administration could advertise the Public Hearing for May 14, 1973. Mr. Clark added, if the Public Hearing is not set this would delay the matter until June. 0 REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 17 Mr. Clark said the Building Standards and Design Control Committee had recommended approval of the request. Mr. Clark said the contractor was unable to get the proposed vertical siding so he has submitted the request for the change to stucco. Mayor Liebl asked what this would do to the concept of the building? Mr. Clark said it.simply meant that something that was planned to be dark would .be light. It would be easier to rpaintain, he added. Mayor Liebl said the Building Standards Design Control Subcommittee had stated there would be two stipulations, a final plan was to be sumbitted and also, there would be permanent concrete curbing installed. MOTION by Councilman Breider to concur with the Building Standard Design Control Subcommittee and approve the request with the two stipulations recommended by the Committee. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REQUEST TO CONSTRUCT COLD STORAGE AREA, SHOREWOOD INN, 6161 HIGHWAY #65: Mr. Clark said the request had been approved by the Building Standards Design Control Subcommittee and had been directed to the Board of Appeals for their consideration. He added, it must be determined if the cooler would be permanent or temporary. He said it would most likely be a permanent installation. Mr. Clark recommended the Council table the matter until the Board of Appeals has acted on the variance. MOTION by Councilman Utter to table the matter until the Board of Appeals makes their recommendations. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. Mayor Liebl asked Mr. William Nicklow if he understood the action taken. Mr. Clark explained to Mr. Nicklow that the administration had to make a determination on whether the addition would be permanent or temporary. He said he thought their decision would be that this would be a permanent part of the structure. A NEW STURCTURE FOR THE PURPOSE Mr. Clark said there would be no antenna on the top of the structure. A representative of General Television said all of the antennas would be housed in the bell tower section of the building. Mayor Liebl asked if there would be a drainage problem? The representative said the drawings have not been submitted. He said he planned to purchase the property the next Tuesday