Council Docsi
• N
COUNCIL AGENDA, APRIL 12; 1971 PAGE 2
RECESS: 9:05 P.M. to 9:25 P.M.
OLD BUSINESS:
City*Manager 3. Awarding of Bids - Liquor Stores (Bids Opened Pages 14 & 15
February 26, 1971, tabled April 5, 1971)
Bid awarded for 3710 East River Road to George Nicklow for sale of
1.8 acres and building and the Administration directed to draw up:
#1: Necessary Ordinance for sale. #2: Lease Agreement #3: Contract
for Deed #4: Contract to be signed by both parties.
For Shorewood all bids rejected and Administration to be in touch with all
parties bidding and pursue negotiations for sale. To write to them to
get individual quotations. Back on Agenda May 3rd.
ACTION NEEDED: See that necessary ordinance, lease agreement, contract
for deed, and other contract is drawn up. Notify all bidders for the
Shorewood that the bids have been rejected and the good faith checks
are to be returned.
_-Finance 4. Report on License for Frank's Used Car Lot -0-
Building Insp. (Tabled April 5, 1971)
License to be issued for only that part contained in original license.
(He says that he has bought additional land, so he is to request that
his license also covers that) He may also request the vacation of 58th
for his use, but the City will need easements back as there are utilities
in the street.
ACTION NEEDED: Issue the license for the properties that he had
listed in his original application. Make the notation.of the legal
description on the license itself. Direct a letter to Mr. Gabrelcik
telling him that if he is to use additional property for storage of
cars, he should make specific application to the City Council.
NEW BUSINESS:
City Mgr. 5. Appointment of Architect for Proposed Addition to Pages 16 - 24
Fridley Municipal Gara-e
Appointed Patch, Erickson, Madson & Hanson, Inc. Architects and Planners.
ACTION NEEDED: Have the contract between the City and Patch and
Erickson executed.
PUBLIC HEARING MEETING, APRIL 12, 1971
PAGE 7
Mayor Kirkham asked if there were any plans to split the lots between Rice Creek
Road and 64th Avenue. The City Engineer said yes, they are now 300' lots and if
the people in the area want to, there is enough property so they could be split
into normal residential lots.
Mr. Daryl Wolf, 6446 Arthur Street N. E., said that he realized that the storm
sewer will have to go in sometime, but he felt they should wait until all the
property is developed and let the people then pay the assessments, rather than
just a few of them in there now. As far as the rezoning goes, he said that he
has been against it. He just recently purchased his property and felt that R-2
would downgrade the area. They are not taken care of like a single family
dwelling. If R-2, except for along Arthur Street and Mississippi Street, he
could go along with that.
MOTION by Councilman Kelshaw to close the Public Hearing on the rezoning request
by Richland, Inc. Seconded by Councilman Liebl. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried and the hearing closed at 9:05 P.M.
RECESS:
Mayor Kirkham declared a recess from 9:05 to 9:25 P. M.
AWARDING OF BIDS - LIQUOR STORES (BIDS OPENED FEBRUARY 26, 1971, TABLED APRIL 5,
1971) (NOTE: Bids listed in Minutes of March 1, 1971)
MOTION by Councilman Liebl to award the bid for 3710 East River Road to George
Nicklow for the sale of 1.8 acres and building in the amount of $101,000.00 and
the Administration is directed to draw up: No. 1, Necessary Ordinance for sale;
No. 2, Lease 4greement; No. 3, Contract for Deed; No. 4, Contract to be signed
by both parties. Seconded by Councilman Kelshaw. Upon a voice vote, all voting
aye, Mayor Kirkham declared the motion carried.
tie City Attorney suggested that as far as the sale of Shorewood is concerned, that
e Administration be authorized and directed to write letters to each person that
bid, and perhaps any other individual indicating an interest, that the bids have
been rejected and the Council will entertain a written proposal containing a
written statement of the cost of the Lounge and plans for enlargement and remodel-
ling the building and what type of food operation would be contemplated and what
type of liquor is contemplated and also what kind of entertainment is planned.
He said that Mr. Dasckiewicz has been in contact with him and promises an answer in
t ree weeks. This item could then be brought back for the meeting of May 3rd and
i the meantime, the Administration could write the letters, and get the proposals.
MOTION by Councilman Kelshaw to reject all bids for Shorewood and order that the
Administration get in touch with all individuals who bid as outlined by the City
Attorney and the City would then pursue negotiations at this point. This item to
be brought back May 3, 1971. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried.
REPORT ON LICENSE FOR FRANK'S USED CAR LOT (Tabled April 5, 1971):
The City Engineer presented photos of the area to the Council and said that last
time the license came before the Council, he was asked to move the cars, which he
did. He is now once again parking on City property and on the property to the
south. The pictures show junk on the property. He said that he talked to the
PUBLIC HEARING MEETING, APRIL 12, 1971
PAGE 8
Police Chief and he talked to Mr. Gabrelcik indicating to him to cease and
desist parking on 58th Avenue right of way. After 1:00 he will start tagging
the cars and they will be hauled away. The Police Department does have the
power to tag the cars if the Council wishes.
The Acting City Manager said that he could be requested to come before the
Council and asked to show cause why his license should not be revoked. Mayor
Kirkham asked what about vacating the street. The City Engineer said that there
were utilities in the street, so if it was vacated, the City would need some
easements back.
Councilman Liebl said that Mr. Gabrelcik says that he owns the lots on both sides
of his lot now. He said that he had shown him the deed. Mayor Kirkham said that
if he wanted to use the street, he should come in and ask for a vacation and in
return the City would have to get back some easements.
Councilman Breider said that the area looks like just barren ground. The Council
takes action against other people with junk cars. He felt that the lot could
use some landscaping. The City Engineer said that the Council could require
certain improvements. He felt that he should be asked to appear before the Council.
Councilman Breider said that he would hate to think that after rezoning, the
primary use would be a used car lot. He said that he would like to see what his
plans are for the area. Councilman Kelshaw said that it appeared that Mr. Gabrelcik
cleans up his lot every year before the license is due.
The City Attorney asked if the license listed his legal description. The City
Engineer said that it does not, just an address. The City Attorney asked if the
original license included the pieces of ground he just bought recently and the
CityEngineer said no. The City Attorney said that if he bought additional land
and expects to use it, his license application should state that. The City would
need additional information. The permit should be issued for a certain lot and
block and if he bought more, he should ask for his license to be expanded to con-
tain the new lots. His suggestion would be that the license be issued only for
the original piece of land and that that land be listed by lot and block. The
Acting City Manager said that he would be in touch with him and will ask him to
bring in something in the way of proof of the additional property he has bought.
MOTION by Councilman Kelshaw to grant Mr. Gabrelcik a license for only the
original piece of land on the license and that the license is to list the lot and
block numbers. If he wants a license on the additional property he bought, he is
to request same. Seconded by Councilman Breider. Upon a voice vote, all voting
Iaye, Mayor Kirkham declared the motion carried.
APPOINTMENT OF ARCHITECT FOR PROPOSED ADDITION TO FRIDLEY MUNICIPAL GARAGE:
Mayor Kirkham commented that it would make sense to continue with the same
architect as was used previously.
MOTION by Councilman Kelshaw to appoint Patch, Erickson, Madson & Hanson, Inc.,
Architects and Planners, as architects for the proposed addition to the municipal
garage. Seconded by Councilman Liebl. Upon a voice vote, there being no nays,
Mayor Kirkham declared the motion carried.
city O 3riche
ANOKA COUNTY
6431 UNIVERSITY AVENUE NE
April 19, 1971
Mr. Frank Gabrelcik
Frank's Used Cars
5740 University Avenue N.E.
Fridley, Minnesota 55432
Dear Mr. Gabrelcik:
560-3450
FRIDLEY, MINNESOTA 55421
The City Council approved your license for the 145 x
200 foot tract of property, contingent on your furnishing
the City with proof of ownership of the property. If you
do not own the property but are leasing it, perhaps you
have a lease agreement you could show the City. As I
said, the license has been approved for the 200 foot frontage
providing you furnish the City with proof of ownership.
A separate request will have to be made to the City Council
if you intend to use more than the 200 foot frontage. If
you do make such a request, the Council would probably want
you in attendance at the meeting to discuss the matter of
what improvements you intend to make to the property, such
as surfacing the lot, etc.
MCB:sh
cc: Police Department
cc: License Clerk
Very truly yours,
Marvin C. Brunsell
Finance Director
OFFICE OF THE CITY MANAGER
FRIDLEY, MINNESOTA
June 6, 1972
MEMO TO: COUNCILKAN DON MITTELSTADT
SUBJECT: LICENSE RENEWAL FOR FRANK'S USED CAR LOT a
If the Council decides to grant a license to subject car
lot, I would like the following agreement from Mr. Gabrelcik
prior to granting the permit.
A. Cyclone fencing at least 4 feet in height on the
north and south portions of the property to define
his property from the public right of way.
B. Agreement and understanding by Mr. Gabrelcik that
the property is not to be used for junking, repair
or dismantling of vehicles, but merely for used
car sales.
C. Any new territory other than that contained in the
original area for which permits were issued will
require proper permits and approval.
Very respectfully,
Gerald R. Davis
City I.anager
GRD/ms
13
J
lil
June 9, 1972
Mr. Frank Gabrelcik
Frank's Used Cars
5740 University Ave. N. E.
Fridley, Minnesota 55432
Dear Mr. Gabrelcik:
This is to inform you that Used Car Lot License
No. 9076, which was mailed to you June 8, 1972, has been
voided. This license was mailed to you in error as the
City Council motion ani the Council Meeting of June 5, 1972,
specifically states that certain stipulations were to be
agreed to before the issuance of the license.
After you have come into City Hall to discuss the
stipulations and an agreement has been signed, our License
Clerk will issue a new Used Car Lot License.
GIMIMS
Enclosure
CC: Finance Director
City Engineer
Yours very truly,
Gerald R. Davis
City Manager
I I I w, q.1 -A
K
CITY OF FIDLEY
STATE OF MINNESOTA 6431 UNIVERSITY AVE. N.E.
County of Anoka as,
City of Fridley }
LICENSE.,RERM;-F.fjor.
Issued To�
Issued Pursuant To Ordinance Number f', `'i
License E
Business Address S�!�
Minn sa%
Home Address Fridley,
Fee Paid 11
%� (.)()C'
Da e' t day of 19 ✓'.
• —,�
Receipt No. }
BY ORDER OF THE CITY COUNCIL
City Clerk. QJ�,it twt /7 tc��,L1
t SEAL OF By� 'fid i'!"6. ✓� �r f. •. 4 t
CITY OF FRIDLEY
jr
i
9076
f
• MEMO -TO DEPARTMENT HEADS: July 26, 1972
Please have "Action Taken" menus back into the City manager's office by Wednesday Noon,
August 2, 1972. It
MOLET CITY COUNCIL AGENDA - REGULAR COUNCIL MEETING OF JULY 24, 1972 - 7:30 P,i.
7:45 P.M.
PLEDGE OF ALLEGIANCE: Given , PAGE NUMBERS
VOCATION: Councilman Mittelstadt
BOLL CALL: All Present
• �r1tG�
ADAPTION OF AGENDA:
Table: #16 - Resolution recertifying special assessments on tax forfeit lots.
Add: Communication from Wendell Anderson re Islands of Peace
Communication from Mrs. Mary Martin re Stoneybrook Creek.
The Stoneybrook people are to be heard under the -"Visitor" section.
VISITORS= Stoneybrook Erosion: (Mrs. Mary Martin & Robert McGregor)
Engineering is to generate several proposals for the correction of this problems then
Mittelstadt will meet with the people to explain the proposals and they can choose which
Sues they prefer. Then public hearings are to be held so the appropriate work can be
started.
ENG: (ACTION NEEDED: Make up preliminary estimates on the erosion problem at Stonybrook
age". Ae.egon as these preliminary cost estimates are ready, bring them to the
_
OLD AUSINESS:
],. Consideration of an Ordinance to Amend Section 45.103, ;
Relating to the Lot Area & Lot Width Requirements for
C-11 C -IS, C-2, C -2S . . . . . . . . . . . . . . . . . .
Or4i.nance #517 adopted on second reading, reading waived and publication ordered.
ItiNOs ACTION NEEDED: Publish Ordinance as authorized.
REGULAR COUNCIL MEETING, JULY 24, 1972
NEW BUSINESS:
SAGE 2
PAGE NUMBERS
2. Consideration of First Reading of Rezoning Ordinance by
the Wall Corporation by Dennis Madden (ZOA #72-03) to
Rezone from R-1 to R-3 the Area Generally Located on
Sth Street to 7th Street from Mississippi to 63rd Ave. . . . . . . . . 2 - 2C
First reading of the ordinance for rezoning to R-3 the entire parcel as requested,
With the Council reserving the option to remove the townhouse section and retain
as R-1 at the second reading. Administration directed to draw up an agreement
covering the storm sewer proposal, and other conditions before the second reading.
.
ENGINEERING: ACTION NEEDED: Put second reading of the Ordinance on newt Regular Council.
,MANAQERt Agenda. Draw up the agreement as requested'by Council and have ready
before or at the next Council Meeting.
3. Consideration of First Reading of Rezoning Ordinance by
Western Stores, Generally Looated at 7610 University Ave.
e X*X, (ZOA #72-06) To Rezone from C-1 to C-2
Consideration of Special Use Permit (SP #72-02) Request by
Western Stores, L.J. (Lee) Haug, to Continue Service Station
in the Area Generally Located at 7610 University Avenue N.E. . . . . . 3 - 3A
First reading of ordinance approved and reading waived. (S.U.P. to be considered
.with second reading) I
ENGINEERING: ACTION NEEDED: Put this item on the next Regular Council Agenda for
second reading.
4, Consideration of First Reading of a Vacation Ordinance
Reqwst by Burlington Northern Incorporated (SAV #72-04) of an.
Alley and Three Streets in Blocks 2, 3, 4, a 5, Berlin Addition.
Generally Located West of Main Street & North of 40th Avenue . 4 - 4A
First reading and reading waived.
ENG :. ACTION NEEDED: Put this item on.the next Regular Council Agenda.
REGULAR COUNCIL MEETING, JULY 24, 1972
NEW BUSINESS CONTINUED:
'AGE 3•
' s
PAGE NUMBERS
5. Consideration of Request by Fridley Jaycees for a
Temporary Food & Beer License for Their Concession Stand
for the Minnesota State Industrial Slow Pitch Softball
Tournament, August 4, 5 & 6 . . . . . . . . . . . . . . . . . . . . .
Approved request for beer and food license (temporary) with the fee waived{ the
use of a park employee and lifting the restrictions of No Parking on 61st during
the tournament.
PARKS: ACTION NEEDID: Issue temporary beer and food license. Furnish one park
FINANCE: employee as requested.
6. Consideration of A Special Use Permit by Mrs. Robert
Ness (SP #72-04) to Permit the Construction of a Two Family
Dwelling in an R-1 District to be Located at 7228 East
River Road . . . . . . . . . . . . . . . . . . . . . . . . 6
Denied
EGINEERINGs ACTION NEEDED: Notify applicant of Council's action.
• e
7, Consideration of Setting a Public Hearing Date for Rezoning
Request ZOA #72-05 by Einar "Ted" Dorstad to Rezone From R-1
to R-? Generally Located at 7450 East River Road, and a
Public Hearing Date for the Final Plat P.S. #72-02, Dorstad i
Addition . . . . . . . . . . . . . . . . . . . . . . . . . . V. ® 79
.Set pubic hearing date for these requests for August 14th.
iNGR ERINGa ACTION NEEDED: Send out necessary public hearing notices.
.
Receiving Minutes of the CATV Advisory Committee Meeting of
July 13, 1972 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 •'
IieQeived
j
REGULAR COUNCIL MEETING, JULY 24, 1972
PAGE 9
4 '* A
NAW BUSINESS CONTINUED: PAGE NUMBERS
9, Receiving Report Regarding Request for "STOP" Sign on 3rd
Street (Mrs. Arthur Young) . . . . . ... . . . . . . • . . e . . e 9 a 9V
Report from Jim Hill receivea. Council authorized STOP signs at 56th Aveme to
stop the-north/south traffic s.. 3rd Street. (Liebl nay)
P
PUBLIC WORKS DEPT.: ACTION NEEDED: Install traffic signs as requested by Council.
•
e
109 Request by Peter Lindberg for Waiving Requirement of City Code
and Minnesota Statutes for Filing of East Ranch Estates 2nd
Addition Plat Before Selling Lots 7 & 8, Block 3 of Proposed
Plat . . . . . . . .
Granted the waiver of the requirement subject to: 1) this is the last time th4,%
type of division by metes and bounds description will be allowed, 2) the ylat is to
be filed within 90 days. 3)• the description used on the metes and bounds
desarIPtion is to coincide with lots and blocks as it appears on the propoead plat(
00 that when the plat is filed that person would have title by lot end blocs
description. 4) that the right of access is granted before the plat is filed,
E IRT ACTION NEEDED: Follow up on this item to make sure that only the lots
in question are transferred before the plat is filed.
X0, Picayssion on increase in Dutch Elm and Oak Wilt disease in Fridley,
Resolution by Parks and Recs Commission received and Administration authorized to
W"dite control as laid out in the ordinance. f..-
ACTION
,,
ACTION NEEDED: Keep Council informed on Dutch Elm & Oak Wilt problep
a 'Pridley and the progress made.
11, Consideration of Acquiring Additional Right of Way on 61st From
?Ubard Miller in the Briardale Plat . . . �,l ••
City Engre authorized to acquire the needed right of way from Miller. Cgmplsipt
received from Kenneth Korin, 6051 Benjamin St. on the construction ct the��uarlaia�g.
XBgineering to check out the next day.
4RIN4a ACTION NEEDED: Proceed with acquiring right of way.
=' VTTO
3?w Consideration of Approval of Change Order #2, Project #106
Change Order #2 approved. This has the effect of deleting thea work n9gth of Mce
Qreek Road and having temporary ponding in the Briardale Plat.
0ERIRR6 ACTION NEEDED:
�G. a
prgceed with Change Order #2
RMLAR.COUNCIL MEETING, JULY 24, 1972
NEW BUSINESS CONTINUED:
PAGE NUMBERS
19® Consideration of Approval of Agreement with Downing Box
for Right of Way Needed for Traffic Control & improve-
ments on East River Road . . . . . . . . . . . . . . . . . . . . 13 - 13C
.Agreement on Page 13 & 13A approved and street layout on 13B approved,
JENGINEERINGs ACTION NEEDED: Follow up on item as approved by Council.
14, Consideration of a Request for a Variance of Section 45.053, 4B,
Fridley City Code, to Reduce the Minimum Side Yard Adjoining
144ving Area from 10 Feet to 5 Feet to Allow the Construction of a
Family Room to be Built on an Existing Roofed Patio Behind the
Ggrage Located on Lot 17, Block 4, Melody Manor 2nd Additions the
Sate Being 7401 Tempo Terrace N.E., Fridley, Minnesota. (Request
4 by Fr. Robert Tichey, 7401.Tempo Terrace N.E., Fridley, Minn.) , 14 - 14F'
Variance approved.
iS 1' ONe ACTION NEEDED: Issue permit as authorized by Council.
q Receiving Petition #13-1972 - Complaint on Noise & Nuisance
Caused by Individuals Banging Around Garage at 630 Buffalo
9t, and at Certain Residences on Buffalo St. Also, Complaint
go Junk Cars & Other Unsightly Objects at 630 Buffalo St.& the
-Entire Riverview Heights Area. . . . , . . . . . . . . : , . 9 ;5 + 10B
Petition received, and Administration directed to take.the necessary stove though
the 119alth Inspector and the Police Department to eliminate the problem,
N A ION NEEDED; Follow up on this complaint wherever possible, 1440 reP9
BTS,back to the City Council on any action•taken.
9
Consideration of a Resolution Recertifying Special Assessment.
pq Tax Forfeit Properties Which have been Repurchased
I +ICE ACTION NEEDED: Put this item on next Regular Council Agenda,
C
I
REGULAR COUNCIL MEETING, JULY 24, 1972
BUSINESS CONTINUED:
PAGE 6
PAGE NUMBERS
17. Consideration of a Resolution Directing Preparation of
Final Assessment Roll for Improvement Project 1972 Service
Cod' nectlons . . . . . . . . . . . . . . . . . . . . . . . . . . • • 17
Resolution #84-1972 adopted.
FINANCE: ACTION NEEDED: Start preparation of assessment roll.
109 Consideration of a Resolution Directing Publication of
Hearing on Proposed Assessment Roll for 1972 Service
Connections . . . . . . . . . . . . . . ... . . . . . . . . . . . . 18 - l8A
.
Resolution #85-1972 adopted.
FINANCE: ACTION'NEEDED:Publish hearing notice and notify affected property owners,
19. Comidoration of a Resolution Directing Preparation of
Assessment Roll for Sanitary Sewer & Water Improvement
Project #105 Addendum #1 . . . . . . . . . . . . . . . . . .
Resolution #86-1972 adopted.
4'
V%! C 1 ACTION NEEDED: Start preparation of assessment roll.
20. Consideration of a Resolution Directing Publication of
Hearing on Proposed Assessment Roll for Sanitary Sewer &
Mater improvement Project #105 Addendum #1 . . . . . . . . . . . . 20 - 204
Resolution #87-1972 Adopted
F ACTION NEEDED: Publish hearing notice and notify affected property owners,
1. iC®Hgideration of a Resolution Directing Preparation of '
A,ssegament Roll for Sanitary.Sewer, Water & Storm Sewer
Xovement Project #106 . . . . . . . . . . . . . . . . . . . . 21
Resolution X188-1972 adopted.
ACTION NEEDED: Start preparation of assessment roll.
$�. C94aideration of a Resolution Directing Publication of •,
Hearing on Proposed Assesament Roll for Sanitary Sewer, Water
6 PtQrM hewer 7mprovement Project #106 . q • . . . • 4
Solution #89--1972 adopted.
IBM=. I ACTIom NEEDED: Publish hearing notice and notify affected pr9perty gyMOWs
.
REGULAR COUNCIL.MEETING, JULY 24, 1972 PAGE 7
t
e
IM BUSINESS CONTINUED; BADE NUMBERS
23. Claims . . . . . . . . . . . . . . . . . . . . . . . . , 23
Approved payment Y
ACTION NEEDED: Issue checks for all claims.
. i
24, Estimates • . . . . . . . . . . . . . . . . . . . . . . • 24 - 24C
Approved payment
e
�JK CE; ACTION NEEDED; Issue checks for all estimates.
License$ . . . . . . . . . . . . . . . . . . . . . . . e 25 - 254
Approved as submitted with the exception of Moon Plaza Restaurant. Their ioc4
establishment license was approved subject to approval by the Health Inspector,
(He will be insiiecting it Saturday)
BACTION NEEDED: Issue all licenses with the exception of Moon P1aZA
TNSB.I Restaurant. Hold this license until Health Inspector approves. '
Cmaideration of Authorization to Issue Permanent Bonds . . . , , • 26
fte0JutJgn #90-1972 Adopted - A resolution providing for the Issumoe Ono Sale of
$2,13$000 spebial.assessment fund Bonds.
41 ACTION NEEDED: Follow up on this item. Put on the September 11th Agenda.
C94gidergti.on of Resolution Establishing Working
Conditions? Wages and Hours of Employees of the City
®f rf4dlgy B®lice Department (Dispatchers & Patrolmen) e , 99 * 279
oglution #91-1,972 adopted.
0
ACTION NEEDED; Notify Bureau of Mediation Servicea of settlement. Payroll
D PT. Dept. please note the terms and conditions of contract. Poliaei Dept, V1606
Dote the contract contains all the working conditions for Polige.� Q9;AQgJXJ; 99;
the year 1972.
9
•
9
REGULAR COUNCIL k,_" JUL_ 24, 1972
PAGE 8
COMMUNICATIONS:
28, Request by Barbara Koropchak for Use of Logan Park for
Neighborhood Party August 27, 1972 . . . . . . . . . . 28
Approved.
UX .i ACTION NEEDED: Notify Barbara Koropchak of Council approval cif her
using the park.
29. Governor Wendell Anderson: Visit to Fridley to Tour
Islands of Peace August 22nd, at 10:00 A.M.
Received and City to issue invitation to come to the Community
Room after the tour for coffee and refreshments.
�GEgg AGTION NEEDED: Set up reception in City Hall following the Governorla
ARKA DPA�iTMENTg tour of the Islands of Peace.
30. Public Safety Director Memo: Complaint of Business Trucks in
Front of, or on the Property of 5873 7th Street (Anderson's)
Received.
No Further Action Required.
ADJOURN: 10:50 P.M.
OFFICE OF THE CITY MANAGER
FRIDLEY, MINNESOTA
August 22, 1972
MEMO TO: FILE OF FRANK GABRELCIK DBA FRANK'S USED CARS, 5740
UNIVERSITY AVENUE N.E.
DATE: AUGUST 22, 1972
On August 21, 1972, Acting City Attorney Jim Gibbs and I met
with the Mayor and Council to review the progress we had had in
trying to secure Mr. Gabrelcik's approval of the attache& mutual
agreement prior to granting his business license, per previous
Council action. There have been several attempts made to talk to
Mr. Gabrelcik about signing this agreement, but he has refused to
sign the agreement. His arguments are that he is licensed by the
State as a Used Car Lot, there fore ,�ot itr need of a City license.
It was decided by the Council that Mayor Liebl would attempt
to secure Mr. Gabrelcik's cooperation in signing this mutual agree-
ment. If this fails, the Council then directed the City Attorney,
Jim Gibbs, to seek a court injunction to stop Mr. Gabrelcik from
conducting his used car business at subject location.
1 � • �Gt.U�4
GERALD R. DAVIS
CITY MANAGER
GRD/ms
CC: City Attorney
City Engineer
Community Development Administrator
STATE OF MINNESOTA
COUNTY Of ANOKA %." u d
MUTUAL AGREEMENT
. day ��
T�i� AGREEMENT made and entered into this `_..�
1972, by and between _
of the first part, and the
h,,,inafter referred to as the party (s)
Ano$�a County, Minnesota, a Municipal Cox�pot'at�-ons .
���� �� pridley, of the second pact.
%.r.ia�afte� re fe$red to as the party t art desire to $anew them'
EREAS a the party(s) of the first p
U80d far Lot
License as required under the Fridley Code of Ordinances
$Q' the operation of a Used Car Lot; and concerned abeut the
�HEgS � the party of the second part is
enforc=04% Of
P
�°ope� op®ration of the Used Car Lot and the proper
the Municipal Code;
be it agreed by and between the parties her9�o
NOW THEREFORE' conditions:
that the P
arty(s) of the first part agrees to the following
. unused portion of
The city will allow him to use the �'� ,'�� r way for the parking
the Sgth Avenue East of 3rd Street I.iA the City $325- o0
o cars, He will maintain the area and pay Upon recetv�ng
rent for the use of this area. P
®� c e rom he City, he will remove the cars and have tho
®te.._ use within 7 days -
available for City Half of Lot 71
�The Used Car Lot Licensee is °Hydenly fParkhAdd�tion
Lots gD g, and 10, Bloc s
lding . and showing the
�4 Te submit a plot plan showing
the bui
s 20 feet from the curb
ed oars he can accomodate tileantthe North Half of Lot eS
hots $' 9, and 10, leaving a lino ,
l Be on Mrd Street and.5 feet along all other property
� of Fridley for a special
submit an application to the City cense
�o T� � an extension of his Used Car Lot Li'
use permit requesting Block 281 1=vde Pari
® 6 and the south Half of Lot 7, City View AdditioP. It
to. Lot Block 2, ase
Addition and Lot 12 and ed the re hest and from
will
ranted he will remove the cax� from t
the request -is not g 9
lots within a week of the denial of
2�
er
a-
of
r
tat up a fence on the South property line of
Chefeet f ortom P41f
9f Lot 7, Block. 28, Hyde Park Addition,
line of the lot,
qurb line to the Easterly property
51 To clow, up the whole area and maintain a neat and clean
appearance. There will be no junkers or any partially
"dlsMantjed car bodies lying around
twithhe on the buildit and all �gair
and dismantling work will be conducted
Qy& the property.
6, He also agrees that if there is a violation of any Qf thes®
QQnfditions that the City can revoke his license.
AND in.00nsideration of the above, the party of the second
part agTees to issue said Used Car Lot License with the contingency
part the pa ty(s) of the first part will comply with the above wxittOn
IN TESTIMONY WHEREOF, the parties of the first part have hgrcunto
so% their hands this da _ Y of , 197z°
FRANK M. GABRELCIK (Nus and)
MARY GABRELCIK LKi e
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972 PAGE 11
MOTION by Councilman Breider to authorize payment of the estimates as sub-
mitted. Seconded by Councilman Utter. Upon a voice vote, all ayes, Mayor
Liebl declared the motion carried unanimously.
REPORT BY CITY ATTORNEY ON GABRELCIK VS. CITY OF FRIDLEY: FRANK'S USED CAR
LOT:
The City Attorney reported that he has had difficulty in contacting Mr. Kohlan
as he has been out of town. He therefore, has written Mr. Kohlan a letter
and handed out copies of the letter to the Council. Mayor Liebl said that in
that case he would like to see this item on the Agenda for October 16th.
MOTION by (buncilman Mittelstadt to receive the communication from the City
Attorney to Mr. Andrew Kohlan dated October 2, 1972. Seconded by Councilman
Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried
unanimously.
CONSIDERATION OF CHANGE ORDER #2 STREET IMPROVEMENT PROJECT ST. 1972-1 & ST.
1972-2 (MSAS) (BRIARDALE):
The City Engineer explained that this Change Order is in response to a letter t
from the developer wanting the work added onto the existing contract. This
addition does fall within the allowable contract limits. The developer
understands that he is to provide temporary ponding for storm water on his
land. He said they hope to install an asphalt mat so that there will be .a
good surface to drive on, if the weather holds.
Mayor Liebl asked if there had been a change in the thickness of the mat, and
if so why? The City Engineer explained that the mat depends upon what type of
subsoil there is. If the subsoil is bad, the road is constructed using a
heavier design. The thickness also varies according to the number of vehicles
it is designed to carry. Mayor Liebl said that there were some streets in
the northeast corner of the City that have collapsed and asked why, and what
was done about it. The City Engineer said that there has been trouble with
the storm sewers in this area, and also there is a high water table in this
'region. The City does not accept the work until it is up to specifications.
Mayor Liebl asked how .long money is withheld. The City Engineer said that.'_
there is a maintenance bond that is good for one year after the final payment.
MOTION by Councilman Utter to approve Change Order #2 to St. 1972-1 & St.'
1972-2 in the amount of $44,512.94. Seconded by Councilman Breider. Upon -a
voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
23-1972 - WITHDRAWING THE CERTIFICATION OF SPECIAL ASSESSMENTS ON
AMENDING AND REDUCING THE AMOUNT OF THE SPECIAL ASSESSMENTS AND
THE ASSESSMENTS: (LUND LAWSUIT):
MOTION by Councilman Breider to adopt Resolution #123-1972. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously.
REGULAR COUNCIL MEETING OF OCTOBER 2, 1972 WAGE 12
COMMUNICATIONS:
MINNESOTA POLLUTION CONTROL AGENCY TO DESIGNWARE INDUSTRIES: PERMIT
FOR INDUSTRIAL WASTE PRE-TREATMENT SYSTEM:
,MOTION by Councilman Breider to receive the communication from the Minnesota
Pollution Control Agency dated September 14, 1972. Seconded by Councilman
Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion
Carried unanimously.
GRACE HIGH SCHOOL: REQUEST FOR PARADE FOR HOMECOMING ON OCTOBER 6, 1972:
MOTION by Councilman Mittelstadt to receive the communication from Grace
High School dated SeFtember 28, 1972, and concur with their request and
:waive the fee. Seconded by Councilman Breider. Upon a voice vote, all
ayes, Mayor Liebl declared the motion carried unanimously.
JOHN R. RAGAN, M.D., REQUEST FOR RESIDENTIAL SPEED LIMITS AND CHILDREN
PLAYING SIGNS IN MELODY MANOR:
MOTION by Councilman Breider to receive the communication dated September
26, 1972, with the comment that he has been working on this problem and would
like to bring it back before the Council at the appropriate time. Seconded by
Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the
motion carried unanimously. .
TRI -CO BUILDERS, INC.: REQUEST FOR REDUCTION OF SPECIAL ASSESSMENTS ON
LOTS 1 E 2,- BLOCK 5, SPRING BROOK PARK ADDITION:
MOTION by Councilman Mittelstadt to receive the communication from Tri -Co
Builders, Inc. dated September 26, 1972. Seconded by Councilman Utter. Upon
a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously.
The Finance Director said that the point taken in the letter is a good point,
it would be preferable for the builder to pick up that extra 30 feet and add
to his building site, or it will probably go tax forfeit and be a weed nuisance
to the City,however, this would be setting a precedent if this request is
granted to forgive any of those assessments. The same request could be made
for many offer lots in the City. It is not tax forfeit at this time, but he
understood that it was tax delinquent. The City Attorney paid that the best
solution would be for Tri -Co Builders to pick up the lots When they become
tax forfeit, but that would be a few years delay. The Finance Director
agreed, it would be desirable to get rid of the small lot, but he did not
think the City could start reducing the assessments.
MOTION by Councilman Mittelstadt'to receive the communication from Tri -Co
Builders, Inc. dated September 26, 1972 and concur with the recommendation of
the Finance Director riot to grant the reduction in assessments. Seconded by
•-Counoilman Breider. Upon a voice vote, all ayes, Payor Liebl declared the
motion ca% led unanimously.
Planning Commission Meeting - December 6. 1972 Page 6
6. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #72-19, BY FRANK
GABRELCIK: To continue the existi4g Use as a Used Car Lot and conduct
an inside Repair Garage Shop to be located on Lots 6 thru 10, Block 28,
and Lot 16, Block 21, Hyde Park Addition per City Code 45.101, 3 B, D and G.
MOTION by Fitzpatrick, seconded by Schmedeke to waive the reading of the
Public Hearing Notice for the request of a Special Use Permit, SP #72-19, by
Frank Gabrelcik. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Gabrelcik and Andrew Kohlan, representing Mr. Gabrelcik, were present.
Mr. Kohlan said it was his understanding that the reason for this request
was because the ordinance has been amended to require a Special Use Permit
for a used car lot. This property has been used for this purpose for a long
time with the exception of the one lot North of 58th Avenue (Lot 16, Block 21)
and the two lots .on the South end of the property, Lots 6 and 7, Block 28. The
purpose is to establish some guide lines on the use of the land.
Chairman Erickson said this property is presently zoned C-2, general
business. lie wondered why he needed a Special Use Permit then.
Mr. Kohlan said the business is a legal non -conforming use that has been
established for some time, in fact, long before the zoning ordinance itself
was established. There is a licensing requirement and one of the requirements
for obtaining a license is to get a Special Use Permit.
Mr. Clark said the grandfather clause applies to Lots 8, 9 and 10. Mr.
Gabrelcik had just purchased Lots 6 and 7 a couple of years ago and also the
one Tot on the North side of 58th Avenue.
Mr. Kohlan said they have been asked to show what part of the lots are
used and what part of the lots are to be left vacant.
Mr. Schmedeke asked if these requests covered two businesses. Mr. Kohlan
said the inside repair shop is leased. One part of the building is used for
the repair business and the other part by the used car lot. Mr. Kohlan said
there was an annual reviewal for the license required, but if the Special Use
Permit was granted that would continue in effect.
Mr. Minish said the number of cars on the lot seems excessive, and the lot
untidy. If the Commission takes action on this request, they would want this
condition improved. Mac. Clark said what is needed is a plot plan on how he
intends to use the property. There is a new licensing ordinance on used car
lots, but he didn't know if it was adopted yet, as a reading and publication
had to take place.
Chairman Erickson said the Special Use Permit could be issued under the
present ordinance, but the Commission should have a plot plan showing where
the existing building is and what lots will be used for the used car lot.
Mr. Clark said if Mr. Gabrelcik would come in, the City Staff would work
with him to prepare thif plot plan.
I Planning Commission Meeting - December 6, 1972 Page 7
MOTION by Minish, seconded by Zeglen, that the Planning Commission continue
the Public Hearing for a request for a Special Use Permit, SP #72-19, by Frank
Gabrelcik until December 20, 1972. Upon a voice vote, all voting aye, the motion
carried unanimously.
7. SCHEDULE MEETINGS FOR FRIDLEY MUNICIPAL COMPREHENSIVE PLAN:
Mr. Darrel Clark said we have called several communities to see how they
scheduled their Comprehensive Plan hearings. All had only one hearing except
Richfield. They said they have been having hearings for two years and if they
had it to do over again, they would have scheduled it for the one meeting.
Most of the communities did the same as we did, dividing the City into areas.
If one area needs more time, you can continue the hearing for that area.
Mr. Clark said that in some places it went to the Planning Commission for
hearings, then to the City Council for hearings, and some of it came back
to the Planning Commission for more hearings.
Chairman Erickson thought it would be best if the Planning Commission
could have the hearings and send the plan to Council with the Commission's
own recommendations.
Mr. Clark said they also did not send notices to all the people. It was
well advertised in the paper and editorials were written.
Mr. Schmedeke thought it was important to emphasize that this is not a
rezoning hearing.
Chairman Erickson thought the Comprehensive Plan should be completely
explained and the people told if they have any questions before the hearing
to come to the City Staff. He also wanted it clear that they were not going
to be there to discuss the North Park issue.
Mr. Clark said probably a notice could be sent with the City calendar
which will be going out soon.
Mr. Schmedeke said we will be looking at a Comprehensive Plan again in
three years. What we don't accomplish with this Comprehensive Plan, we will
have a chance to look it all over again then.
Mr. Schmedeke mentioned that some of the Planning Commission members'
term of office is up the first of January. He thought it best if the present
members stay on the Commission until the public hearings were through on the
Comprehensive Plan. He said it would be hard for any new member to familiarize
themselves with the Plan on such short notice.
Chairman Erickson said he thought a letter should be sent to the City
Council requesting that the new members not take office until after the
Comprehensive Plan hearings.
Chairman Erickson set the hearing for January 179 1973 at 8:00 o'clock
P.M. in the Council Chambers on the Comprehensive Plan. The members concurred.
Mr. Clark asked Mr. Erickson if he would check the editorial for the
paper and it would be shown to the other members before it goes to the papers
for any additions they might want to make.
Planning Commission Meeting - December 20, 1972 Page 7
Mr. Hubbard said the neighbors said they did not object, but the City
wants a service drive there, and because of that they are denied the use of
their property.
Chairman Erickson wondered if there was some way of allowing the third bay.
If so, it would give the City time to solve the traffic problem.
Mr. Fitzpatrick said the whoe thing is brought about by the Commission's
misgivings about this proposed solution to the traffic problem. He would like
to point out to the Union Oil Company that what they were requesting might make
a bad situation worse, although it was not relative to the CoIInaission's problem.
Chairman Erickson said he had asked for an opinion about the feasibility of
changing the Ordinance adding a non -conforming Use without rezoning. This is
At possible solution to their problem.
4. CONTINUED PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #72-19,
BY FRANK GABRELCIK: To continue the existing Use as a Used Car Lot and
conduct an Inside -Repair Garage Shop to be located on Lots 6 through.10, Block.
28, Lot 16, Block 21, Hyde Park Addition per Code 45.101, 3B, D and G.
Public Hearing open.
Mr. -Frank Gabrelcik and attorney, Andrew Kohlan were present.
Mr. Kohlan explained that the problem seems to be ownership of the land
and that the proper people be notified. Lot 6, Block 28, Hyde Park Addition,
does not go down to the South end of the property. Lots 12 and 13, Block 2,
City View Addition, are included in Mr. Gabrelcik's property and so to the
extent that any additional notices should be given on that petition, they would
be.covered. They have not lost any time on the request in this respect as he
wants to use as much of his property as he needs. Any agreement for the Southern
end of the property probably should be left open. Lots 12 and 13, Block 2, City
View Addition, go down to 57th Place - Country Kitchen.
Chairman Erickson asked what property was presently being used.
Mr. Kohlan answered that almost all of it. On Lots 12 and 13, Block 2,
City View Addition, the Western part has private homes. Reproduced a certificate
of survey which show houses on Lots 10 and 11, Block 2, City View Addition, and
that a fence encroaches on Mr. Gabrelcik's property.
Chairman Erickson stated that the understanding is that Mr. Gabrilcik has
used Lots 6 through 10, Block 28, Hyde Park Addition, for his used car lots.
Was it correct that he was not asking for any Use on Lot 16, Block 21, Hyde
Park Addition.
Mr. Clark said that the problem is that there is some difference of opinion
what Mr. Gabrelcik has been occupying for twenty years. The licence granted about
a year ago stated he owned the North Half of Lots 7, 8, 9, and 10. He was tj
petition to get a Special Use Permit on Lot 6 and the South Half of 7 and c_Ls
of Lots 12 and 13. He states he has been using Lots from 6 through 10 for c•.;t-nty
yearns .
PlanniRS Commission Meeting - December 20, 1972 Page 8
Mr. Rohlan said that as far as rezoning is concerned, and the Special
Use Permit, under the grandfather clause there would be no question what ever
he had used previously. He showed a sketch of the building, where the cars
would be parked, and the portion of Lots 12 and 13 that would be used.
Mr. Zeglen said that when he drives by, he sees the same cars in the streets.
Who owns them? Mr. Gabrelcik answered that some were his and some the customers.
Mr. Fitzpatrick said the Commission's sketches show Mr. Gabrelcik owns all
of Lot 13, but the Highway has taken some part of it.
Mr. Clark said the parking stalls meet the code as far as the setback of
twenty feet from the street and a certain size aisle. If he wishes to park cars
closer to the buildings and street he should get a variance.
Mr. Rohlan said they were practically condemning that kind of business.
Mr. Minish asked if they were talking about 39 cars or more. Unless the
petitioner comes up with what he intends to do, it is almost impossible to act,
Chairman Erickson said the Commission would like a proposal on how he wants
to park the cars is the area. Mr. Gabrelcik should get a copy of the contract
that shows ownership of all his land. He felt the Hearing should be continued
until that information is received.
Mr. Minish said that if the cars are parked on the street (58th Avenue) why
not get the street vacated?
Mr. Rohlan said he did not think the vacation of the street should be a
factor at this time.
MOTION by Minish, seconded by Zegleh, that the Planning Commission continue
until January 24, 1973, the Public Hearing of the Special Use Permit, SP #72-19,
by Frank Gabrelcik to continue the existing Use of the Used Car Lot and conduct
an inside Repair Garage Shop to be located on Lots 6 through 10, Block 28, Lot
16, Block 21, Hyde Park Addition, per City Code 45.101, 3B, D and G, and republish
the Notice of Hearing including Lots 12 and;13, Block 2, City View Addition, and
that Mr. Gabrelcik bring in a sketch on howjhe wants to use the property and bring
evidence of'owaership of the property.
5, PUBLIC.HEARING.- REZONING REQUEST, ZOA' 72-13 BY CITY OF FRIDLEY: Part of
Outlot H, generally to aced on the Nor side of I #694 and 800 feet West
of the East City Limit to be rezoned from R -3A (apartment and multiple
dwellings) to C -2S (ge#eral shopping areas).
6. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #72-20, BY CITY OF
FRIDLEY: To permit installation of an ;advertising sign in an C -2S District
to be located on Outlot H, Innsbruck Nofth, generally located on the North
side of I #694 and 800 feet West of the East City Limits.
Roger B. Redmond represented Viewcon, Inc.
MOTION by Schmedeke, seconded by Fitzpatrick. that the Planning Commission
waive the reading of the Public Hearing Notices for the Special Use Permit, SP
#72-20 by the City of Fridley and the Rezoning Request, ZOA #72-13, by the City
of Fridley, Upon a voice vote, all voting aye, the motion carried unanimously.
CITY OF FRIMXY
PLANNING COMMISSION MEETING JANUARY 24, 1973 PAGE 1
CALL TO ORDER:
Chairman Erickson called the meeting to order at 8:00 P.M.
ROLL CALL:
Members Presents Erickson, Schmedeke, Zeglen, Fitzpatrick, Minish
Members Absent; None
Others Presents Darrel Clark, Community Development Administrator
Jerrold Boardman, Planning Assistant
er. December. 1972
LOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
receive the Quarterly Parka and Recreation Department Work Report for
October, November and December, 1972, Upon a voice vote, all voting aye,
the motion carried unanimously.
1. CONTINUED PUBLIC HEARING- REPUBLISHED, REQUEST FOR A SPECIAL USE
PERMIT, SP #72-5 BY FRANK GAERELCIKs To continue the existing
Vag as a Used Car Lot and conduct inside Repair Garage Shop to be
located on Lots 6 through 10, Block 28, and Lot 16, Block 21, Hyde
Park Addition,.and Lot 12 and 13, Block 2, City View Addition, Per
Code 45.1011 3 B, D, and G.
Mr. Frank Gabrelcik was present.
Chairman Erickson asked Mr. Gabrelcik if Mr. Kohlan would be present
tonight. Mr. Gabrelcik said he hadn't heard from him and didn't know if
he would come or not. 14r. Erickson asked if it was agreeable with the
petitioner to wait and sera if he came, lir. Gabrelcik agreed. Chairman
Zrickson said the other items on the agenda shouldn't take long so they
would go on to the next item,
2. REQUEST KOR A LOTSPLITt L.S. #73-01, ROBERT SCHROER_t_
Lot 3, Block 2, Bast Ranch Estates 2nd Addition,
Mr. Robert Schroer )Was present
Mr. Schme:deke said this item was on the agenda of the Plate and
Subdivisions - Streets and Utilities Subcommittee agenda tonight. What it
amotnts to is to split off the South 204 feet of the East 200 feet of
Lot 30 Block 2, last Ranch Estates 2nd Addition, to construct a structure.
Mr. Darrel Clark said this property is just North of Capp Homes, a
REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973 PAGE 16
REQUEST FOR A LOT SPLIT: L.S,#73-01, ROBERT SCHROER:
The City Engineer said this item had been taken care of at the meeting
of January 22, 1973.
VACATION REQUEST: SAV#73-01, BRYANT FRANKLIN CORPORATION•
The City Engineer said this item was still pending before the Planning
Commission.
REQUEST FOR A LOT SPLIT: L.S. 073-02, STATE LAND AND REDEVELOPMENT
COMPANY: BLOCK 10, HAMILTON'S ADDITION:
The City Engineer said this lot split had beed approved by the members
of -the cemetary board and the apartment complex.
MOTION by Councilman Nee to concur with the Planning Commission and
approve the lot split. Seconded by Councilman Breider. Upun a voice
vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
REPUBLISHED, REQUEST FOR A SPECIAL USE PERMIT SP. #72-19, BY FRANK
GABRELCIK:
Mayor Liebl said about two to three months ago, Mr. Gabrelcik was
asked to comply with several items by the City. He added that the Council
had authorized the Mayor to talk with Mr. Gabrelcik. Mayor Liebl requested
Mr. Gabrelcik have someone come before the Council and present his case.
The Mayor said he was sure Mr. Kohlan, Mr. Gabrelcik's attorney would do
this. The Mayor explained the item being the used car dealership and
added Mr. Gabrelcik had been in business for over twenty years in that
location. He said Mr. Gabrelcik always had obtained a license and felt
he had.complied with all the necessary regulations of the City. Mayor
Liebl said at this time he tried to communicate the City's wishes to
Mr. Gabrelcik, stating there must be some cleaning up of the parking
fadilities on his property. He added, on some of the points mentioned,
Mr. Gabrelcik felt he could cooperate, and on others he felt he could
not afford to comply. The Mayor said in order to clarify the position
of the Chairman, this is why he had contacted Mr. Gabrelcik. He added
he had been authorized to do so or he would not have done so.
Mayor Liebl addressed Mr. Gabrelcik, asking if the City has not tried to
cooperate with him in the past, He added that the City had issued him a
license and then withdrew it. He questioned Mr. Gabrelcik, if this was
correct. Mayor Liebl suggested Mr. Gabrelcik have his attorney speak for
him, He added, he thought the problem at present is that the Planning
Commission was not aware of what Mr. Gabrelcik was planning to do with
the land. He said Mr. Gabrelcik must also prove how many of the lots he
owned. Mayor Liebl said the Planning Commission has no objection to the
use of the presently owned lots for a used car dealership, but when he
requested using additional lots, they want a survey. He expressed the
hope that the Council was well aware of the details in the matter, and said
he was sure they had read the minutes of the Planning Commission meeting.
When Mr. Gabrelcik had appeared before the Planning Commission it was very
unfortunate that his attorney was not present, Mayor Liebl called on the
City Attorney to explain the legal agpects of the matter and also the
obligations of the Council
THE REGULAR MEETING OF FEBRUARY 5, 1973
PAGE 17
The City Attorney said Mr. Gabrelcik needs a special use permit on that
property that was not included in the grandfather clause on the property
that is now non conforming use. He added, according to the minutes of
the Planning Commission, they had requested certain information and they
did not receive this information. He continued, the Planning Commission
asked if he was going to submit this information or should they act on
the information they had. Mr. Gabrelcik said he was not going to fur-
nish this Information and they should act on what they had. Acting cin
the available information, the Planning Commission denied the special use
permit. He added, it seemed the Council had two alternatives, one to
advise Mr. Gabrelcik to again appear before the Planning Commission,
providing the information they requested enabling the Planning Commission
to determine whether a special use permit should be issued. He said the
other alternative would be to advise the attorney to take action on the
violation of carrying on a used car operation without a special use permit.
Mayor Liebl addressed Mr. Gabrelcik stating the Planning'Commission re-
quests. He said they had asked for evidence of purchase of the property,
title to the property, evidence of when he had acquired the property and
a plan on how he would like to use the property. The Mayor continued,
Mr. Gabrelcik had indicated he wanted to use lots 12 and 13 in addition
to the lots he had been using, and for the same purpose as he had been
using the others. Mayor Liebl called on Mr. Gabrelcik's attorney, Mr.
Kohlan.
Mr. Kohlan said it had been unfortunate that he had gotten a last minute
commitment and was unable to -represent Mr. Gabrelcik at the Planning
Commission meeting. He said according to the minutes the Commission wanted
some absolute deeds. Mr. Kohlan said as he saw it there were two problems;
one, the special use permit which would enable Mr. Gabrelcik use lots 12
and 13 without relying on the grandfather clause, and that portion of
land that was being used for a used car lot when the ordinance went
into effect. The other question is that of getting the area in order or
cleaning it up. He said, the Planning Commission wanted to know how
much land in square feet would be in use and how many cars would normally
be placed on that land. He added, there had not been much of a turn over
in used cars recently, but Mr. Gabrelcik was attempting to dispose of
them, Mr. Kohlan.said whatever the current action, the used car lot is
still going to be there, and the current action could be settled. He
recommended, Mr. Gabrelcik return to the Planning Commission presenting
the necessary information.
Mayor Llebl asked Mr. Kohlan who had informed Mr, Gabrelcik he needed a
special use permit, was it the City Administration? Mr. Kohlan said this
was his understanding. The Mayor said it had also been his understanding.
Mr. Kohlan said according to the ordinances, if Mr. Gabrelcik wanted to
*use any other part of thefland not covered by the grandfather clause, he
would have to obtain a special use permit. Mayor Liebl said this had
been his understanding, as this is what the City Engineer had advised the
Council at the time,
THE REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973 PAGE 18
Mayor Liebl called on the Ward Councilman Nee to express his views. Coun-
cilman Nee said he was astonished by the minutes of the Planning Commission.
He said he could not help compare this matter to the matter discussed with
the management of Viking Cheverlet. He added, the Council had quite prop-
erly enforced the Ordinance. Councilman Nee said he was sure the Planning
Commission wanted the same procedure followed here. He added, he is not
opposed to a used car lot in that location, and is in favor of sending it
back to the Planning Commission and reopening it, but he thoughtthey
should come up with a site plan that they can live with. Councilman Nee
mentioned the existance of junk cars on the land, stating these are the
type of things the neighbors object to. He rt_pvated the high standards
placed on the Viking Chevrolet operation and saiu tie thought the City
should at least try to enforce sume regulations on Mr. Gabrelcik's property.
He said the Planning Commission had left the question open and he was able
to return. Councilman Nee said he did not believe there was a need for
prosecution.
Mayor Liebl said Mr. Gabrelcik was in somewhat of a bind. He said the
land had been zoned commercial and Mr. Gabrelcik was trying to sell the
land, just as many of the other property owners in the area. When Mr.
Gabrelcik had been confronted with the long list of requirements, the
Mayor continued, he said it would cost $10,000 to conform. The Mayor said
the City had given five variances to the Viking Chevrolet operation,
and he said they also planned to be reasonable with Mr. Gabrelcik. the
Mayor said he believed Mr. Gabrelcik was entitled to a license, the City
only asked he,comply with the requirements and provide proof of ownership
and present the Planning Commission with a plan. He added, all the Plan-
ning Commission was asking was for Mr. Gabrelcik's cooperation.
The City Attorney said he did agree in principle with what the Council and
Planning Commission was doing. He added, he thought Mr. Gabrelcik should
go back to the Planning Commission. He suggested Mr. Gabrelcik present
the Planning Commission with a diagram of the boundries, driveway, and
parking spaces, enabling the Planning Commission to determine a maximum
number of cars to be placed in the area. He said, if there had been a
map prepared, it should be submitted to the Planning Commission at their
next meeting.
Mayor-Liebl addressed Mr. Gabrelcik saying, the City was just trying to
get him to comply with the law. He added, right now, Mr. Gabrelcik did
not have a license to operate, and the City wanted him to have a license.
He stressed the location is on University Avenue where everyone can view
it, and they wanted him to :comply.
Councilman Nee asked Mr. Gaprelcik if the statement was true that he did
not want to make an investment in the area? Mr. Gabrelcik said this was
true, as he was planning on selling the land.
• THE REGULAR MEETING OF FEBRUARY 5, 1973
PA GE 19
Councilman Nee said the City did not want to support more of the same
type of use in the area. Councilman Brelder said the City was concerned
with getting -some of the junk cleaned up. He suggested sending Mr. Gabrel-
cik back to the Planning Commission. Councilman Nee stated that most of
the cars in the area are not for sale. Councilman Utter said the property
on University Avenue was not too bad, but behind the building there is a
lot of junk, including a large stack of tires. Mayor Liebl asked Mr.
Gabrelcik if he had hauled away a few loads of material and Mr. Gabrelcik
said he had.
Mayor Liebl asked Mr. Gabrelcik if he thought investing $10,000 in an area
he was trying to sell was foolish. Mr. Gabrelcik said this was his feel-
ing. Councilman Nee expressed the hope that the area could be cleaned up
to the satisfaction of the neighbors.
MOTION by Councilman Nee to direct Mr. Gabrelcik to resubmit his request
to the Planning Commission, furnishing them with the requested information
and materials and placing the item on the Council agenda again next month.
Seconded by Councilman Breider, Upon a voice vote, all voting aye. Mayor
Liebl declared the motion carried unanimously.
DISCUSSION ON MUGGLI RE UEST REFERRED TO PLANNING COMMISSION BY COUNCIL:
The Mayor called on the City Enqineer to present the action taken. The
City Engineer said the item had been referred to the Plats and Subdivisions -
Streets and Utilities Subcommittee by the Planning Commission.
CONSIDERATION OF FLOOD PLAIN ZONING:
Mayor Liebl said he recommended adoption of the suggested resolution in
the agenda. Councilman Nee said there had been some problems raised by
the Planning Commission Chairman, Mr. Erickson. He added, the adoption
of the resolution may cause some damage in the area and he suggested these
questions be worked out before the adoption of the resolution.
The City Engineer said what the Planning Commission had recommended is
the adoption of the resolution as suggested. The Legislatures 1969
Statutes require all communities who have floods must adopt the plan when
the information is made available to them. He said, it will only be a
matter of time until the City will be forced to adopt the resolution.
The City Engineer said that according to Mr. James Wright, Department of
Natural Resources, the City could adopt a resolution enabling those in the
flood plain to obtain flood insurance in about three weeks without actually
design'Iting areas in the flood plain. He added, this method may not have
full impact of the proposed plan. The City Engineer suggested making up
such a plan and establish the necessary areas.
i
February 8, 1973
Mr. Frank Gabrelcik
5740 University Avenue N.E.
Fridley, Minnesota 55432
Dear Mr. Gabrelcik:
As you are well aware, the Fridley City Council sent your request
for a Special Use Permit back to the Planning Commission. It is my
understanding that you were told to supply the Commission with items
they previously had asked you for; namely, a plot plan and proof of
ownership. You were to do so without delay.
The Planning Commission has placed your item on the March 7, 1973
agenda, and asked that the City Staff renotify your neighbors with
written notice of this meeting; however, not to send out the notices
until you have .supplied the plot plan and proof of ownership. If we
are to give owners proper notice, you must bring these items in on or
before February 19, 1973.
I urge that you get the above information to us by the stated time,
or a report of your failure to comply will be given to the City Council
for their further consideration.
This office is always available for consultation and we will try
to assist you if you have any questions.
DC/de
cc: Andrew Kohlan
Sincerely,1,
DARREL CLARK -
Community Development Administrator
Planning Commission M eting - March 7, 1973 Page 10
Chairman Erickson said that both these buildings are the same. They
were both built under a Special Use Permit and they both have requested
an addition. Both should be handled the same.
Mr. Clark said he feels they should be handled the same, also. At
the time Mr. Minder got his permit, I wasn't involved in it, so I don't
know why it could be handled this way. As far as the ordinance, they
both should have asked for rezoning. I feel the way Mr. Minder went is the
easiest to handle, and the most proper way, but the ordinance doesn't
allow this, as I interpret it..
Mr. Erickson asked if there was any way this could be handled by the
Board of Appeals. Mr. Clark said they could ask for a code interpretation.
Mr. Erickson said there are three choices involved here. One is to
rezone. The second choice is go to the Board of Appeals and see if the
addition could be built under an appeal, or third, get into our ordinance
something that would permit alterations or improvements on a building
that is under a legal non -conforming use. Nobody seems to want the rezoning,
including the petitioner. All he wants is permission to build an addition.
Chairman Erickson said if it is agreeable with the Commission and the
petitioner, I would like to see this tabled until we can get an opinion
from the City Attorney as to whether or not this can be handled through
the Board of Appeals, and if he says no, if he can't then write an
amendment to our ordinance to permit something like this under a Special
Use Permit. '
MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission
continue the rezoning request, ZOA #73-04, by North Air Home Association,
'to rezone from R-3 (general multiple family dwellings) to C-2 (general
business areas) Lot 1, Block 1, Harstad Addition, and the Southerly 150
feet of Lot 18, Brookview Addition, subject to road easement over South
50 feet, until March 21, 1973. Upon a voice vote, all voting aye, the
motion carried unanimously.
6. RETURNED BY COUNCIL: SPECIAL USE PERMIT, SP #72-19, BY FRANK GABRELCIK:
To continue the existing Use as a Used Car Lot and conduct an Inside
Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde
Park Addition, and expand the Use to Lots 12 and 13, Block 2, City
View Addition, per City Code 45.101, 3B, D an G.
Mr. Frank Gabrelcik was present.
Mr. Clark said Mr. Gabrelcik was asked by the Council to come back
to the Planning Commission and supply the information the Commission had
requested. Mr. Gabrelcik did bring in copies of deeds to the property.
The deeds or contract for deeds are for Lots 6 through 10, Block 28, Hyde
Park Addition, and Lots 12 and 13, Block 2, City View Addition. Mr.
Clark gave copies of the deeds to the Commission to examine.
Planning Commission Meeting - March 7, 1973 Page 11
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
reopen the Public Hearing on the Special Use Permit, SP #72-19, by Frank
Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an
Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28,
Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City
View Addition, per City Code 45.101, 3 B, D and G. Upon a voice vote,
all voting aye, the motion carried unanimously.
Mr. Gabrelcik explained his plot plan to the Commission.
Mr. Erickson asked Mr. Gabrelcik if he was proposing to rearrange his
parking according to the plan presented. Mr. Gabrelcik said this is about
the way the cars are parked now. Mr. Erickson told Mr. Gabrelcik he
has cars park6d in the aisles at present. He asked how long the cars
would remain in the aisles. Mr. Gabrelcik said they would be there until
he got the cars repaired or sold.
Mr. Minish said some of the contracts for deeds were dated 1970. Mr.
Gabrelcik said he has been using the property for 15 years, but just
purchased the land in 1970 from Carl Sorenson.
Mr. Erickson asked when the building was constructed on his property.
Mr. Gabrelcik said the building was about 15 years old.
Mr. Erickson asked how many parking spaces are provided on the plan.
Mr. Clark said there were 54. Mr.hErickson asked Mr. Gabrelcik how many
cars he has on the lot. Mr. Gabrelcik said about 70.
Mr. Clark said there was an error on the presented plan in that the
South driveway couldn't be located as shown.
Mr. Schmedeke said we are only considering the property South of
58th Avenue now. He said he wasn't opposed to this request, but there
has to be clean-up of the property. Mr. Schmedeke said there is a road
going by the property now, so it is visible from the street. He said
he would like to see a survey made of this parcel, and I would like to
stipulate that 58th Avenue be continued as a streqt until the street
plan for the area is determined. If a street doesn't go in, Mr. Gabrelcik
should have first chance to obtain the property. Mr. Schmedeke said that
in regard to Mr. Gabrelcik's plan, he would like to see some plantings
and shrubs in the front of the building. I think we are trying to be
as minimal as possible.
Mr. Minish asked what would happen to Mr. Gabrelcik's operation if
the Special Use wasn't granted. Mr. Clark said this Special Use Permit
was asked for by the Council the last time Mr. Gabrelcik's license came
up for renewal. I think it was the hope of the Council that in obtaining
the Special Use Permit, the business area could be better arranged and
cleaned up.
Chairman Erickson said the license is up for annual reviewal, but
how long does a Special Use Permit last. Mr. Clark said you can specify
how long a period it covers. Mr. Gabrelcik needs a Special Use Permit
to enlarge his use of the propgrty as a stipulation of his license renewal
Planning Commission Meeting - March 7. 1973 Pane 12
Mr. Gabrelcik said he was given permission to use 200 feet of his
property for a used car lot in 1971. Mr. Erickson said that according
to the legal descriptions of Mr. Gabrelcik's property, this letter
covers the five lots in Hyde Park.
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
close the Public Hearing on special use permit, SP 072-19, by Frank
Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an
Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28,
Hyde Park Addition, and to expand the Use to Lots 12 and 13, Block 2, City
View Addition. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Erickson said if the Commission did recommend approval of this
Special Use Permit, we can put enoggb stipulations into it so that in
say, three months time, if it isn't c'leaneA up or whatever we want done,
the Special Use can be withdrawn.
Mr. Clark said that before any stipulations were made he would like
to make some comments because they do pertain to the Code. According to
the Code you cannot park less than 20 feet from any right of way. On
Mr. Gabrelcik's plan, he is parking right up to the property line on
3rd Street and 58th Avenue. Mr. Erickson said one stall could be taken
out on 3rd Street and this would get the cars at least 10 feet away from
the street there. He didn't think it was so important on 58th Avenue,
because there wasn't any traffic there. Mr. Clark said he agreed with
Mr. Erickson because it wasn't too practical to try and get this business
to meet all the Code requirements.
Mr. Minish asked if the boulevard would be sodded. Mr. Clark said
that could be a stipulation, and also if this is going to continue to be
a car lot, you could stipulate, that over a period of time there be hard
surfacing of the lot and some plantings.
Mr. Erickson said the license is renewed annually so the stipulations
of the Special Use Permit can be reviewed annually.
MOTION by Minish, seconded by Zeglen, that the Planning Commission
recommend to Council approval of the Special Use Permit, SP 472-19, by
Frank Gabrelcik, to continue the existing Use as a Used Car Lot and
conduct an Inside Repair Garage Shop, to be located on Lots 6 through
10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13,
Block 7, City View Addition, per City Code 45.101, 3 B, D and G, with
the following stipulations; !
1. The area clew ed up -and cars parked as shown on the plan. A
6 foot redwoo fence used around the storage area on the plan.
No parking on,58th Avenue. Ths is to be accomplished in 90 days.
2. At the end of one year (1974-1975), the parkin lot to be graded
and drained and some type of surface treatment on the parking lot.
Provide landscaping. I
3. At the end of two years (1975c.1976), the parking lot should be
blacktoppej and curbing be put in.
Planning Commission Meeting - March 7, 1973 0 Page 13
4. Lots 12 and 13, Block 2, City View Addition, not be included
in the request.
5. No cars will be visible on the lot that are not for sale or
operable.
UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
7. VACATION REQUEST: SAV #73 -03, -BY LAWRENCE MUGGLI: Vacate unused
portion of Lots 29 and 30, Hyde Park Addition, the unused portion
all being South of 60th Avenue Slip -off.
Mr. Lawrence Muggli was present.
Mr. Schmedeke said this vacation request was before the Plats &
Subdivisions -Streets & Utilities Subcommittee a week ago. The Subcommittee
recommended to the Planning Commission denial of this request at this time
with the following stipulations:
1. That Lot 30 never be sold.
2. That Lot 29 not be sold until traffic pattern is solved.
3. The buyer be charged at least as much per square foot as the
people is the area paid for this parcel.
4. That this parcel be sodded and planted into evergreens, including
the 12 foot alley attached to the East end of these two lots.
5. That the opposite triangular parcel created by this street, be
treated in a similar fashion of sodding and evergreens.
6. That the present alley should be plowed and reasonably
maintained up and including Lot 28, because of its location
along Fridley's main expressway, Highway #47.
Mr. Schmedeke said he wanted to make some comments on the January 22,
1973 Council minutes on the discussion with Mr. Muggli. Councilman Nee
asked Mr. Muggli how he was going to use the property. Mr. Muggli stated
he had no special use for the property at the present time. Mr. Nee
suggested that evergreens be planted for a softening affect in this area,
Mr. Muggli also stated that people are using this alley and drive through
his property. The City has put up a dead end sign and this has eliminated
that problem. Councilman Utter said he wanted the loopback and objected
to the City selling the property. Mr. Schmedeke said he agreed with both
Councilman.
Mr. Mugglie said he started this request to find out the standing of
the plan for this street. He said that if this parcel was ever available
he would like first change to obtain it. Mr. Muggli said he was the only
property owner that could use this parcel. He said that if he ever sold
his property, for some reason, he would want who ever owned his property,
to have first chance on this parcel, Mr. Clark said it could be put in
the City record to notify the owner adjoining this parcel if at any time
this land would be for sale.
Mr. Erickson said it would be'possible this parcel could be sold by
resolution.
'A7
IPA
y7u
10 REGULAR COUNCIL MEETING OF APRIL 16, 1973
RECEIVING THE MINUTES OF THE NORTH PARK COMMITTEE MEETING OF APRT
PAGE 20
MOTION by Councilman Breider to receive the minutes of the North Park Committee
Meeting of April 5, 1973. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
APPROVAL OF A LETTER TO ANOKA COUNTY HEALTH DEPARTMENT REQUESTING THEY ISSUE
CITATIONS FOR VIOLATIONS OF MUNICIPAL HEALTH ORDINANCE:
MOTION by Councilman Breider to approve the letter. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
CONSIDERATION OF APPROVAL OF AGREEMENT WITH. FRANK GABRELCIK, SP, #72-19
,1 FRANK'S USED CAR LOT:
sig: r Lieb1 asked the -City Manager if he had any recommendations. The City Mana-
ger said Mr. Clark had handled the matter. He said it had been worked on by
Planning Commission and Mr. Clark. The City Manager said an agreement had
been sent to Mr. Gabrelcik. He said Mr. Gabrelcik was present at the meeting.
Mr. Clark said Mr. Gabrelcik had been in his office last Friday. He added, some
of the stipulations he would not agree with. He said he would like Mr. Gabrelclk
to tell the Council his opinion on the agreement.
Mayor Liebl suggested going over the stipulations one at a time.
Mr. Gabrelcik said he would not think the idea of fencing would be too bad if
he were able to use slats or chain with metal or wood inserted for screening.
He said he had a few things that are not taken care of but he had tried to
put everything he could in the fenced area. Mayor Liebl asked Mr. Gabrelcik
if he had taken care of any of the items. Mr. Gabrelcik said he had a few more
cars there, but he hoped to clear out some of the stock.
Mayor Liebl' asked' Ni iri 1f be had" *removed the cars on 3rd Street. Mayor Liebl
said all of the cars on 3rd Street and also 58th Avenue are to be removed before
July 1, 1973. Mr. Gabrelcik said he may need an extension in time, but he would
surely try to meet the deadline.
Councilman Nee asked if the fence could be up by July l,'1973; Mr. Gabrelcik
said he would try. He said the taxes had gone up, and he would have trouble
putting up the fence.
Mayor Liebl asked Mr. Gabrelclk If he was trying to sell the property? He
said yes. He added, there may be someone interested in it that would want
to use It for some other type of business.
Mayor Liebl asked Mr. Gabrelcik how many years he had been operating the business
in that location? Mr. Gabrelcik said 23 years. Mayor Llebl said he had been
paying taxes on the property for 23 years. Mayor Liebl asked Mr. Gabrelcik If he
planned to have the business next year. Mr. Gabrelcik said he would if he could
not sell it.
!.
REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 19
RECEIVING THE MINUTES OF THE BOARD OF _APPEALS MEETING OF APRIL 10, 1973:
REQUEST FOR A VARIANCE OF SECTION 45.013 FRIDLEY CITY CODE TO REDUCE THE REQUIREMENT
SIDE YARD SETBACK FROM 15 FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION
SHOREWOOD INN, 6161 HIGHWAY #65 BY WILLIAM NICKLOW:
Mr. Clark said this had been previously discussed and was concerning the request by
the Shorewood Inn and would be brought back at the next Council meeting.
REQUEST FOR A VARIANCE OF SECTION 56.05 3C, FRIDLEY SIGN ORDINANCE TO INCREASE THE SIZE
OF AN ALREADY NON -CONFORMING AREA IDENTIFICATION SIGN FROM 279 SQUARE FEET (110 FEET
MAXIMUM) TO 312 SQUARE FEET TO ALLOW THE ADDITION OF TWO PANELS ONTO THE SKYWOOD MALL
AREA IDENTIFICATION PYLON BY SIGNCRAFTER°S. INC.:
Mr. Clark said the Board of Appeals had recommended the request be denied. He said the
B<a;:x,i of Appeals hoped the administration and the owner of the shopping center could
w -c, out plans for a new type of sign. He said they would like to see a uniform type
of nonstruction with a directory. _
A representative of the sign company said there are 15 of 20 signs out there now,
lie said he thought there was room for one more. He said the business needs the sign
or they would not ask for it.
Councilman Starwalt asked if the denial would prevent the business from constructing
a sign for six months? The City Attorney said not on a sign permit.
MOTION by Councilman Starwalt to concur with the Board of Appeals and that the staff
will be directed to work with the property owner and tenants for the satisfactory
solution to the sign problem.
The representative of the sign company said he had tried to work with the owner of
the shopping center for five years to build a new sign and it has not worked.
SECONDED by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
REQUEST FOR VARIANCE OF SECTION 45.053, 4, B4, FRIDLEY CITY CODE TO REDUCE THE REQUIRED
SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 FEET TO 4 FEET -9 INCHES:
TO ALLOW THE CONSTRUCTION OF A DWELLING AND GARAGE TO BE LOCATED AT 1653 BRIARDALE
ROAD N.E. BY RICHARD MILLER HOMES:
Mr. Clark said the variance was from five feet to 4 feet 9 inches. Mr. Clark said
there was also more to the item. He said there must be a vacation ordinance processed.
too. He said the foundation is right on the lot line. He said this was a vacation of
the easement.
MOTION by Councilman Starwalt to grant the side yard variance,to Richard Miller Homes.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously..
MOTION by Councilman Breider to receive the minutes of the Board of Appeals meeting of
April 10, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye,
Mayor Liebl declared the m9tton carred unanimously.
REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 21
Mayor Liebl referred to item number six saying the entire drive should be black
topped by July, 1975. He told Mr. Gabrelcik if he is still in business two
years from now, it wouldhave to be blacktopped and curbing would have to be
installed. Mr. Gabrelcik said he would not like to do this if he could get a
buyer for the property. He said he would be putting curbinrg through the middle
of the property.
Councilman Nee said the things they would expect to have done may work. He
agreed with the deletion of item number six at this time. Councilman Nee said
he would like to see some area in which he was helping the neighborhood. He
continued, saying he had just been by the property and all of the trash was still
there. He said he would like to see some example that something was going to
be done. Councilman Nee said the present condition is not fair to the neightbor-
hood.
Mayor Liebl asked Mr. Gabrelcik if he would agree to some of the stipulations?
aH said he was not talking about the $10,000 items, but those as not parking
tk,e cars on 59th? Mr. Gabrelcik said yes, he was working on this item.
i'vJTION by Councilman Nee to table the matter until the meeting of May 7, 1973•
Mayor Liebl asked Mr. Gabrelcik if he would do some cleaning up? Mr. Gabrelcik
said the fence would take care of a lot of the material. Councilman Nee asked
Mr. Gabrelcik why he needed all of that junk and where he planned to put it.
Mr. Gabrelcik said he planned to put it within the fencing.
Mr. Gabrelcik said he was required to maintain four sides of his property. He
added, there is no alley. He said all others have an alley and some place
to park.
Councilman Nee said if he lived there and brought his mother there for the first
time he would not be very proud of the neighborhood. He said the other people
in the neighborhood are working at the pruject. Councilman Nee said Mr.
Gabrelcik is the one who is creating the problem.
Councilman Breider asked if this proposal to eliminate number five and six
would be agreeable if Mr. Gabrelcik would be allowed 2'—z months to comply with
the stipulations?
Cou6cilman Nee told Mr. Gabrelcik if he signed the agreement and did not comply
with the stipulations, it would be a misdemeanor.
Councilman Breider asked Mr. Gabrelcik if he would sign the agreement including
items number five and six. Mr. Gabrelcik said he would sign an agreement to
this effect when the other people in the same business have to do the same things.
MOTION by Councilman Nee to execute the Special Use Permit Agree&-nt with Mr.
Gabrelcik, deleting items number five and six of the agreement and that the
fencing be metal with slats installed for privacy. Seconded by Councilman Breider.
Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried
unanimously.
REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 22
ER CESS:
Mayor Liebl called a ten minute recess at 10:45 p.m.
RECONVENED:
Mayor Liebl reconvened the meeting at 11:02 p.m.
1 FOR WATER IMPROVEMENT PROJECT #111 (MODIFICA-
[IN
MOTION by Councilman Nee to approve Change Order #1 for Water Improvement
Project #111. Seconded by Councilman Breider. Upon a voice vote, all voting
aye, Mayor Liebl declared the motion carried unanimously.
r951DERATION OF APPROVAL OF CHANGE ORDER #M-1 TO INCREASE SIZE OF WATER SER -
'V 7A 1 InIIAD Con" ]III Tn 4.11 1 IkIr .
r�6:_TiON by Councilman Starwalt to concur with the recommendation of the adminis-
,.ration and install 611 line instead of 411 line to the Liquor Store. Seconded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the motion carried unanimously.
RESOLUTION #55-1973 - APPOINTING, REAPPOINTING, AND CONFIRMING EXISTING
APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITTEES AND SUBCOMMITTEES FOR THE YEAR
9:^
MOTION by Councilman Utter to approve Councilman Breider as Mayor Pro Tem
for the year 1973. Seconded by Councilman Nee.
Mayor Liebl said it had been the custom of the Council to appoint the Council-
man at Large as Mayor Pro Tem, but as Councilman Utter is the Councilman at
Large and had made the motion to appoint Councilman Breider, he felt Councilman
Utter was in agreement with the approval of Councilman Breider.
The City Attorney said this would be up to the Council.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried
unanimously.
Councilman Nee said he had nominated Mr. Douglas 011ila, 6310 Able Street N.E.
to the Human Relations Committee and he would be able to serve, but he is not
a resident of Ward one, he would have to serve as a member at Large.
Mayor Liebl said he had tried to call Ms. Katherine Moss, a present member,
three times and was not able to reach her.
Councilman Nee said he believed Mr. 011ila would have dropped out of the commi-
ttee in favor of the appointment of Ms. Moss, Mayor Liebl asked Councilman Nee
if Mr. 011ila had said this. Councilman Nee said Mr. 011ila indicated he would
serve on the Committee,
t
i
560-3450
City
ANOKA COUNTY
6431 UNIVERSITY AVENUE NE August 10, 1973 FRIDLEY, MINNESOTA 55421
Mr. Frank Gabrelcik
5740 University Avenue N.E.
Fridley, Minnesota 55432
Re: Non-compliance With Agreement
Stipulation
Dear Mr. Gabrelcik:
On August 9th a progress inspection of your property was made. The report
of that inspection was not encouraging at all. The only item listed on the
Special Use Permit agreement (signed by you) that you seem to have complied
with was to not have any of your cars parked on 3rd Street or 58th Avenue. Now,
since these items were to have been taken care of by the 1st of July, 1973, and
you still have not complied, it being nearly the middle of August we have no
choice but to refer this matter back.to the City Council for their meeting on
August 20th for legal action.
If you have any questions, please call us at 560-3450.
DGC /mh
Sincerely,
DARREL G. CLARK
Community Development Adm.
Y 7 5 A
SPECIAL USE PEMIT AGREEMENT
WHEREAS: -Frank Gabrelcik owns and opperates a used car lot on Lots 6
throw 10 Block 28 de Park Addition.
through � Hyde .
WHEREAS: The FridleyCi Council has been r 73
City requested to grant a special s -g�
use permit and license to Mr. Gabrelcik to continue the business of a
used car lot.
WHEREAS: There have been several conflicts over the manner in which
Mr. Gabrelcik has conducted his used car lot.
WHEREAS: The City has found it difficult to administer the operation and
licensing of said used car lot.
WHEREAS: The City deems it necessary to outline certain stipulations with
reference to the City granting a special use permit and license.
NOW THEREFORE, Frank-Gabrelcik agrees to the following stipulations and time
schedule for further improvement of the used car lot on Lots 6 through 10,
Block 28, Hyde Park Addition:
1. The entire area to be cleaned of debris, inoperative motor vehicles,
and/or unused motor vehicle parts, except that put inside a six (6)
foot redwood fence encloser to be located as shown on the attached
exhibit "A".
2. All vehicles on display for sale or storage must be parked according
to the parking plan as shown on exhibit "A".
3. No parking of vehicles on any public street right of way, namely
3rd Street and 58th Avenue.
4. All of the above three items will be completed on or before
July 1, 1973, and will remain in effect as long as these lots are
used as a used car lot.
S. or fore ly 1, 1, 74, o er agr to o ade th park gar ,
DELETED p t in s e type f sur ce tre ,;rt
o entir area be ed fo
By p -' ng an rive,~ and p vide _ ds capi . as rove by th
COUNCIL City Fridl
4/16/73 6. or efore my 1975, the en 're p king t wi aisl and
d . eway o be ackt *ped an concr a cu ing t be c struc,. d
aro all ackto ed a a.
7. Agrees that no lots outside Lots 6 through 10, Block 28, Hyde Park
Addition will be used for the storage of vehicles or materials for
the operation of the used car lot.
8. Agrees that after July 1, 1973, that the only visable items on the
lot will be operative motor vehicles, the six (6) foot screened area,
the gasoline pumps, and the main structure.
- 1 -
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.
SPECIAL USE PERMIT AGREEMENT
Failure by the owner to comply with all or part of the stipulation
out in this special use permit agreement, shall be guilty of a s spelled
as set by Section -205.211 of the City -of Fridley zoning ordinance. h
As Of the � day of
1973.
ArankgtM.
Gabrel ik
Wi ess
STATE OF MINNESOTA
COUNTY OF ANOKA
On this-" Z7 day .of ems`
1973, before me, a Nota
Public within and for said Count rY
Y, personally appeared
to me known to be
the person described
in, and who executed the foregoing instrument and acknowledged that
executed the same as their free act and deed. g at they
Att: Exhibit "All
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WALTER J. MULCAHY
NOTARY PUBLIC — MINNESOTA
Washington County
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6431 UNIVERSITY AVENUE NE
Mr. Frank Gabrelcik
5740 University Avenue N.E.
Fridley, Minnesota 55432
ANOKA COUNTY
April 24, 1973
Re: Special Use Permii
560-3450
FRIDLEY, MINNESOTA 55421
Dear Mr. Gabrelcik;
Please find enclosed a revised agreement with the stipulations
and conditions under which the Special Use Permit would be considered
for approval by the City Council.
Would you please sign the enclosed agreement and return it to
us on or before May 2, 1973 for Council consideration on May 14, 1973.
Your immediate attention to this matter is important. If you
have any questions about this matter, please let us hear from you.
Sincerely,
'�_) X�u
DARREL CLARK
Community Development Administrator
DC/de
Enc . •
cc: Nasim Qureshi, City Engineer
Gerald Davis, City Manager
II
5D
MEMO TO: City Council
MEMO FROM: Howard G. Mattson, Engineering Aide
MEMO DATE: August 20, 1973
RE: The Frank Gabrelcik Situation
I visited Mr. Gabrelcik's used car lot on the afternoon of Friday,
August 17th. When I arrived Mr. Gabrelcik was working across 58th Avenue
from his property cutting underbrush with a chain saw. When he returned
I introduced myself and immediately asked him if he had received Darrel
Clark's letter informing him that the "Gabrelcik problem" was being
referred back to the City Council for possible legal action. He said he
had received the letter. I asked him if he understood that the Council
was being patient beyond the point of reasonableness and why was it
taking him so long. He said he thought he had done many things asked
for by the City. I told him I had inspected his property on the 9th of
August and that it seemed to me the only thing he had done was to move
his cars off the street. He said that he had gotten rid of some of his
cars but it was hard to do everything himself. He said he had started
with the screening and had removed some junk. He said the Mayor had told
him to be sure to keep his weeds cut down. I assured him that the Council
was getting very impatient with his apparent "I don't care attitude". He
then said that he had had a heart attack, couldn't do everything by himself,
and couldn't afford to hire anybody to do the work.
I took a couple of pictures of the 2 posts he had put in for the
screened area which weren't there on the 9th when I had previously
inspected. I reminded Mr Gabrelcik that the Council would review his
problem again at their regular meeting on the evening of the 20th.
I wished him well and left.
HGM/mh
HnT.TAM-n r- *-'R7cn
Engineering .-
Planning Commission Meeting - March 7, 1973 Page 12
Mr. Gabrelcik said he was given permission to use 200 feet of his
property for a used car lot in 1971. Mr. Erickson said that according
to the legal descriptions of Mr. Gabrelcik's property, this letter
covers the five lots in Hyde Park.
MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission
close the Public Hearing on special use permit, SP 072-19, by Frank
Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an
Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28,
Hyde Park Addition, and to expand the Use to Lots 12 and 13, Block 2, City
View Addition. Upon a voice vote, all voting aye, the motion carried
unanimously.
Mr. Erickson said if the Commission did recommend approval of this
Special Use Permit, we can put enough stipulations into it so that in
say, three months time, if it isn't cleaned up or whatever we want done,
the Special Use can be withdrawn.
Mr. Clark said that before any stipulations were made he would like
to make some comments because they do pertain to the Code. According to
the Code you cannot park less than 20 feet from any right of way. On
Mr. Gabrelcik's plan, he is parking right up to the property line on
3rd Street and 58th Avenue-. Mr. Erickson said one stall could be taken
out on 3rd Street and this would get the cars at least 10 feet away from
the street there. He didn't think it was so important on 58th Avenue,
because there wasn't any traffic there. Mr. Clark said he agreed with
Mr. Erickson because it wasn't too practical to try and get this business
to meet all the Code requirements.
Mr. Minish asked if the boulevard would be sodded. Mr. Clark said
that could be a stipulation, and also if this is going to continue to be
a car lot, you could stipulate, that over a period of time there be hard
surfacing of the lot and some plantings.
Mr. Erickson said the license is renewed annually so the stipulations
of the Special Use Permit can be reviewed annually.
MOTION by Minish, seconded by Zeglen, that the Planning Commission
recommend to Council approval of the Special Use Permit, SP #72-19, by
Frank Gabrelcik, to continue the existing Use as a Used Car lot and
conduct an Inside Repair Garage Shop, to be located on Lots 6 through
10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13,
Block 2; City View Addition, per City Code 45.101, 3 B, D and G, with
the following stipulations;
1. The area cleaned up -and cars parked as shown on the plan. A
6 foot redwool fence used around the storage area on the plan.
No parking on 58th Avenue. Th�s is to be accomplished in 90 days.
i
2. At the end of one year (1974-1975), the parkin lot to be graded
and drained and some type of surface treatment on the parking lot.
Provide landscaping. I
3.. At the end of two years (1975L1976), the parking lot should be
blacktoppe4 and curbing be put in.
.Manning Commission Meeting - March 7, 1973 Page 13
4. Lots 12 and 13, Block 2, City View Addition, not be included
In the request.
5. No cars will be visible on the lot that are not for sale or
operable.
UPON A VOICE VOTE, all voting aye, the motion carried unanimously.
7. VACATION REQUEST: SAV #73-03, BY LAWRENCE MUGGLI: Vacate unused
portion of Lots 29 and 30, Hyde Park Addition, the unused portion
all being South of 60th Avenue Slip -off.
Mr. Lawrence Muggli was present.
Mr. Schmedeke said this vacation request was before the Plats &
Subdivisions -Streets & Utilities Subcommittee a week ago. The Subcommittee
recommended to the Planning Commission denial of this request at this time
with the following stipulations:
1. That Lot 30 never be sold.
2. That Lot 29 not be sold until traffic pattern is solved.
3. The buyer be charged at least as much per square foot as the
people is the area -paid for this parcel.
4. That this parcel be sodded and planted into evergreens, including
r the 12 foot alley attached to the East end of these two lots.
' S. That the opposite triangular parcel created by this street, be
treated in a similar fashion of sodding and evergreens.
6. That the present alley should be plowed and reasonably
maintained up and including Lot 28, because of its location
along Fridley's main expressway, Highway #47.
Mr. Schmedeke said he wanted to make some comments on the January 22,
1973 Council minutes on the discussion with Mr. Muggli. Councilman Nee
asked Mr. Muggli how he was going to use the property. Air. Muggli stated
he had no special use for the property at the present'time. Mr. Nee
suggested that evergreens be planted for a softening affect in this area.
Mr. Muggli also stated that people are using this alley and drive through
his property. The City has put up a dead end sign and this has eliminated
that problem. Councilman Utter said he wanted the loopback and objected
to the City selling the property. Mr. Schmedeke said he agreed with both
Councilman.
Mr. Mugglie said he started this request to find out the standing of
the plan for this street. He said that if this parcel was ever available
he would like first change to obtain it. Mr. Muggli said he was the only
property owner that could use this parcel. He said that if he ever sold
his property, for some reason, he would want who ever owned his property,
to have first chance on this parcel. Mr. Clark said it could be put in
the City record to notify the owner adjoining this parcel if at any time
this land would be for sale.
Mr. Erickson said it would be'possible this parcel could be sold by
resolution.
24 A
put up a fence on the South property line of the North Half
of Lot 7, Block 28, Hyde Park Addition, 20 feet from the
curb line to the Easterly property line of the lot.
S. To clean up the whole area and maintain a neat and clean
appearance. There will be no junkers or any partially
dismantled car bodies lying around on the lot and all repair
and dismantling work will be conducted within the building
on the property.
6. He also agrees that if there is a violation of any of these
conditions that the City can revoke his license.
AND, in consideration of the above, the party of the second
part agrees to issue said Used Car Lot License with the contingency
that the party(s) of the first part will comply with the above written
stipulations.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto
set their hands this day of 1972.
WITNESS FRANK M. GABRELCIK (Husband)
WITNESS MARY GABRELCIK (Wife)
24
STATE OF MINNESOTA
MUTUAL AGREEMENT
COUNTY OF ANOKA
THIS AGREEMENT made and entered into this day of
, 1972, by and between
hereinafter referred tows the party (s) of the first part, and the
City of Fridley, Anoka County, Minnesota, a Municipal Corporation,
hereinafter referred to as the party of the second part.
WHEREAS, the party(s) of the first part desire to renew their
Used Car Lot License as required under the Fridley Code of Ordinances
for the operation of a Used Car Lot; and
WHEREAS, the party of the second part is concerned about the
proper operation of the Used Car Lot and the proper enforcement of
the Municipal Code;
NOW THEREFORE, be it agreed by and between the parties hereto
that the party(s) of the first part agrees to the following conditions:
1. The City will allow him to use the presently unused portion of
the 58th Avenue East of 3rd Street right of way for the parking
of cars. He will maintain the area and pay the City $325.00
per year rent for the use of this area. Upon receiving
notice from the City, he will remove the cars and have the
area available for City use within 7 days.
2. The Used Car Lot License is only for the North Half of Lot 7,
Lots 8, 9, and 10, Block 28, Hyde Park Addition.
3. To submit a plot plan showing the building and showing the
used cars he can accomodate within the North Half of Lot 7,
Lots 8, 9, and 10, leaving at least 20 feet from the curb
line on 3rd Street and 5 feet along all other property lines.
4. To submit an application to the City of Fridley for a Special
Use Permit requesting an extension of his Used Car Lot License
to' Lot 6 and the South Half of Lot 7, Block 28, Hyde Park
Addition and Lot 12 and 13, Block 2, City View Addition. If
the request is not granted he will remove the cars from these
lots within a week of the denial of the request and }ie will
Conditions To Be agreed To By Frank Gabrelcik Before His
Used Car License Will Be Issued By The City Administration
For The Year 1972.
A-
�F 70 C
1. Thnrc+ �c a 4 iqieh chain link fence installed on the North
property line of Lot 10, 10 feet from :Ixd the 3rd Street right
i.
of way to the East property line of the lot.
2. That the used car license pjRxtazn is only for the Malk North
Half of Lot 7�zmA-Lots 8, 9,10, Block 28, Hyde Park Addition.
TO ^
3. He -*A-1-1 submitt a plot plan showing the building and showing the
used cars he can accomodate within the North Half of Lot 7 and
Lots 8, 9, 10, leaving at least 20 feet from the curb line on
3rd Street and S feet along all other property lines.
4. ___ •'* 1 submit an application to the City of Fridley for a
Special Use Permit requesting an extension of his used car license
to tkig Lot 6 and the •S3uth Half*of Lot 7, Block*28, Hyde Park
Addition and Lot 12 and 13, Block 2,_City View Addition,
If the..request.-is-not granted he will remove the cars from these
lots within 4 weekX of:.the denial of.the request and.he will_
put up_ a fence on •the. _South property line of the -North-Half
o£ `Lot 7- Block 2-&, .-Hyde_ Park-Additmori, �2flXiketxfxNm .20- feet
from the -curb _ line -to _tfie Easterly- property -line of , the lot.-
.5. Ike--wa -1 clean. up. the-: whole area and maintain a neat and clean
appearance.. There. will., be .no .j.unkers_ .or any. -partially dismantled
car.bodies lying around on' the lot_and all repair and dismantling
work will be conducted wihtin the building on the property.
that the City can revoke, his license. ,a7.
MEMO TO:
MEMO FROM:
MEMO DATE:
SUBJECT:
U
Honorable Mayor & City Council
Nasim M. Qureshi, City Engineer
October 10, 1973
Status Report - Frank's Used Car Lot
5740 University Avenue N.E.
Last week the Gabrelcik garage and used car lot
was inspected again to see what progress had been
made since the last City Council review of the
problem property.
The agreement stipulations are now finally
coming closer to being met. Mr. Gabrelcik has built
a screening fence around his junk area, he has
stopped parking his cars in the street, the cars on
the lot are for the most part parked in rows, he
seems to be keeping the weeds down,and he has removed
or put into the screened area most of the junk parts
off vehicles.
Mr. Gabrelcik was not present when the in-
spection was made, nevertheless, the work he has
done is mostly self-ev=ident to anyone having seen
the property before the clean-up began. It will
probably take curbing, blacktop and landscaping
to actually beautify the area.
NMQ/HM/jm
CITY J f! :7 I M glen 81
6431 UNIVERSITY AVENUE N.E., F,RIDLEY, MINNESOTA 55432
Frank Gabrelcik
y 5923 3rd Street N.E.
Fridley, Mn 55432
Dear Mr. Gabrel ci k:
TELEPHONE ( 612)571-3450
April 11, 1977
Re: License Renewal for Operation of
Used Car Sales
After inspec =on your property at 5740 University Avenue N.E. on
April 6, 1977, we found vehicles parked on the public street right of
way on both 58th '-venue N.E. and 3rd Street N.E. This is in violation
of Item 3 of the :aecial Use Permit Agreement of April 30 ,1973 for your
used car sales b�:ness,
At this time ;.j are asking you to remove all vehicles parked on the.
public street ri•=-= of way immediately. Failure -to do so is a violation
of the Special L__ Agreement and may result in City Council action to
suspend your Spe_= Use Permit and Used Car Sales license. Please
find enclosed th= _"p?cial Use Permit stipulations.
If you have c-_1 questions regarding this matter, please contact me
at 571-3450.
Sincerely, ,
.JERROLD L. BOARDMAN
JLB/de
Enc..
0-77-
15
6431 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA 55432
Frank Gabrelcik
5923 3rd Street N.E.
rr Fridley, Minnesota 55432
Dear Air. Gabrelcik s
TELEPHONE ( 612)571.3450
July 6, 1976
Res License renewal for operation of
used car sales
After reviewing your special use permit requirements dated April 30,
1973, we found that the property has been kept clean and neat in compliance
with said special use permit agreements. There is, however, one item that
must be taken care of as stipulated under the April 30, 1973 agreement (item
8) and noted on the site plan marked exhibit A. The trailer on the West
boundary of the property next to the gas pump must be removed.
We will reinspect your property on August 13, 1976 to see if the trailer
is removed. We will recommend to the City Council that this year's license
be approved and attach this letter as a stipulation for approval. Failure
to remove the trailer may jeopardize your annual license renewal
If you have any questions, please feel free to contact me at 571-3450,
extension 171.
Sincerely,
ERROLD L. BO RDMAN
CITY PLANNER
JLB/de
L
61 I 62
REGULAR COUNCIL MEETING OF AUGUST 20, 1973
PAGE 5
from such date at the annual rate of 87. The amounts designated in this
section may be arended no more than once a year by the City Council consistent
with increased costs for a municipal supervision and after a public hearing".
Seconded by Councilman Utter.
Discussion followed commenting that this would offer the City a reasonable
alternative with the cooperation of the state cable commission. The City
Attorney and Mr. Hinkley agreed that this amendment would not adversely
affect the ordinance, and the City Attorney recommended its passage.
U?O_: A POLL CALL VOTE, Nee, Breider, Starwalt, Liebl, and Utter voting aye,
"vor Liebl declared the motion carried unanimously.
Y0II0_: by Councilman Breider to approve the second reading and publish the
ordinance. Seconded by Councilman Utter. Upon a roll call vote, Starwalt,
Lied, Utter, and Breider voting aye, Nee voting nay, Mayor Liebl declared
the motion carried.
CO:;SI�3P.:'-.TIC?: OF cTRET OF O DI::ANCE ON TIME LIMIT FOR TRUCK PARKING
I:: =2S D=:•;TL' AREA (TABLED AUGUST 6 1973):
The City Attorney said he had many questions upon reviewing different types
of ordinances. The first one was should parking be prohibited to all vehicles.
If 'no', what certain size trucks would be restricted and would this be restricted
cn a) streets, or b) private property. The City Attorney said the third item
in q+;estion would be, if trucks are restricted in residential areas, what
size truck would be restricted. Discussion followed and the consensus was
the main concern was to limit parking on streets and not necessarily on
private property.
Mayor Liebl then directed the City Attorney to prepare on ordinance which will
su.=arize the cccccents made that evening and the City Attorney felt that the
general ccasensuz was that there was to be a prohibition on residential street
parking for over four hours, and he would try and determine what vehicles the
Council would find acceptable.
This item was to be considered at the first meeting in September.
1/ S'P.TUS REPCRT P.EGARDINS CO:4PI.TPN.CE VTTH SPECIAL USE AGREE14ENT BY FRANK CABRELCIK•
Y.O.I= by Councilman Nee to receive the letter from Mr. Darrel Clark, Community
Develcpmant Administrator, concerning the non-compliance with the agreement
with the ranewed stipulations by ::r. Frank Cabrelcik. Seconded by Councilman
Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
Ma•:or Liebl com=.ented that Mr. Cabrelcik had suffered a stroke and has been
getting so=a help from his son in making the necessary improvements. The Council
discussed the ratter and the concensus was to allow Mr. Gaberlcik further .time
as long as he continued to make improvements as was noted in the Community
Development Administrator's letter.
MOTION by Councilman Nee to have the staff review the property October 1, 1973,
and report to the Council. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
REGULAR COUNCIL MEETING OF AUGUST 20, 1973
PAGE 6
NEW BUSINESS:
CONSIDERATION OF A REQUEST FROM ROBERT ENGSTROM, 455- 57TH PLACE TO FENCE VACATED
STREET BE'T14EEN 5Vi AVENUE AND 7TH STREET:
MOTION by Councilman Breider to receive the letter from Mr. Robert Engstrom,
dated July 30, 1973. Seconded by Councilman Utter. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
MOTION by Councilman Breider to approve the request with the stipulation that
Mr. Engstrom maintain the area and that should the City have requested the
fence be removed, it must be taken down. Seconded by Councilman Nee. Upon
a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.
RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF AUGUST S. 1973:
Items 2 and 3 were considered together.
CONSIDERATION OF A REZONING REQUEST, ZOA #73-09 BY CENTRAL AUTO PARTS
REZONE LOT 10, BLOCK 1, CENTRAL VIEW MANOR, FROM C2 -S (GF -NERAL SHOPPING AREAS)
TO M-1 (LIGHT INDUSTRIAL AREAS) TO MAKE ZONING CONSISTENT WITH PROPERTY LINES
(1201 73�j AVENUE N. E.):
MOTION by Councilman Starwalt to set a public hearing on September 17, 1973.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
AND
CONSIDF.RA_TION OF SPECIAL USE PER?fTT, SP X73-07, BY CF�TR:%L AUTO PARTS: TO
ALLOW JUNK Y.ARUS OR THE BALING_ OF JUNK OR RAGS, I\ A BUILDING ENCLOSED ON ALL
SIDES OR WHEN COPIPLETELY ENCLOSED IN A SOLID FENCE, FES. FRIDLEY CITY CODE
45.131, A, 8, LOCATED ON LOTS 10 THROUGH 15, BLOCK 1, CE\TR,&L VIEW MLN,)R
(1201 73;j AVENUE N. E.):
The City Engineer stated that the improvement of the property has begun and
plans have been presented. Mr. Buzick from Central Auto Parts was present
and the City Engineer recommended approval of the request with the following
stipulations:
1. Building will be metal with brick veneer.
2. Time table for improvements should be submitted by the applicant
Discussion followed and it was decided that the improvements to the
property should be finished within one year after the street is
improved.
3. Drainage problem will be taken care of.
4. The fence should be improved by being painted and uniform in size.
5. No cars should be piled higher than the fence.
6. No cars will be outside the fence.
7. Licensing will be needed and the applicant to meet the reguirements
of the license procedure.
Councilman Breider emphasized that it is very necessary that nothing be outside
the fence and it be neat and clean.
63 64
REGLLAR COb_tCIL MEETING OF AUGUST 20, 1973 PAGE 7
MOTION by Councilman Stanwalt to approve the Special Use Permit and the
Building Permit with the stipulation noted by the City Engineer. Seconded
by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared
the ration carried unanimously.
MOTION by Councilman Starwalt to receive the minutes of the Planning Commission
meeting of August 8, 1973. Seconded by Ceancilman Nee. Upon a voice vote,
all voting aye, Mayor Liebl declared the motion carried unanimously.
RECE.1 i:,G THE }!I:.JTES OF THE BOARD OF APPEALS MEETING OF AUGUST 14 1973:
A request for variances was received by the Council with the recommendation of
the Board of Appeals that only one variance be allowed which would be the 5 foot
variance on a side yard for parking.
.._.S�=an Smith was present to represent Mr. Carlson of Brooklyn Tool and discussed
the merits of the proposal and submitted the petition presented in favor of the
improvements signed by the abutting property owners.
"!OTION by Councilman Breider to receive the petition. Seconded by Councilman
Starwalt. b'pcn a voice vote, all voting aye, Mayor Liebl declared the motion
carried unanimously.
Discussion followed commenting on the ability of this property owner to make
im?rove=ants and his willingness to do so, including landscaping as well as
the blacktopping. The recent storm sewer improvements in the area make it possible
for tae expansion of the parking area between the buildings noted in the
application.
MOTION by Councilman Breider to approve the variance as requested with the
follc,ring stipulations:
1. The agreement for a common driveway be obtained.
2. Lzadscaping be approved by the City Engineer,
3. The rear yard setback to be 81, feet.
Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl
declared the motion carried unanimously.
R_CEIVING TEE 1..DL7ES OF THE FRIDLEY HUMAN RELATIONS'CO:AiITTEE MEETING OF JULY 20,
1973:
:_CTICi, by Councilman Utter to receive the minutes of the Human Relations Committee
meeting of July 20, 1973, and not concur with their recommendation. Seconded
by Councilman Starwalt.
Discussion followed with Councilman Breider asking that if the Council is not
gcizZ to concur with their recommendation that the City Council should make
a recc=-.endation for an alternative. General concensus of the Council was that
a number of eight for a quorum would be acceptable. The Council wished to
express by this motion a concern for getting more people involved in the
co.. *ttee.
UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the notion carried unanimously.
Pr_=VT;;; STATUS REFOPT ON THE ACQUISITION OF PROPERTIES ALONG RICE CREEK, INFOR-
,TION' F3CM A::O::A COUNTY:
REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PAGE 8
AND
CONSIDERATION OF ISSUING A BUILDING PERMIT FOR LOTS 10 AND 11, BLOCK 1,
RICE CREEK SCHOOL ADDITION (DENNIS RACSTROM):
The City Engineer said that he recently received a letter noting some
action that has made it necessary for the City Council to review the action
to be taken. The County has made a proposal to acquire land at a value of
approximately $283.000. The land is for public use along Rice Creek as
per the letter from David Torkildson, Director of Parks and Recreation of
Anoka County.
If the Building Permit to Mr. Ranstrom is issued, this will make the acquisition
by the County more expensive. Discussion then followed and tha Mlayor asked
the City Attorney if the request can be denied. The City Attorney said
that the City can issue the Building Permit if the applicant meets all the
requirements.
Mr. John Daubney, Attorney for the applicants, said initially an easement needed to
be vacated and the conditions that followed made the financing of the original
proposal impossible. A new plan has been made and no variances or vacations
are needed. He said it was his understanding that Anoka County has no money
available at this time, and might be able to get some around 1974, but the
outlook is not optimistic.
Mr. Daubney commented that Mr. Ranstrom at this time has a builder and a
commitment on financing and the lot has been purchased. The County will not
take improved property in the area and sufficient property in the area has
already been acquired by the County along the Creek.
Mr. Daubney also went on to say that the application is without need of any
requirements for Council consideration.
Further discussion was centered around the need for a walkway easement around
the creek and the applicant showed a willingness to cooperate.
MOTION by Councilman Utter to grant the building permit with the following
stipulations:
1. A six foot utility easement on the south 6 feat of Lot 11.
2. The applicant agrees to submit a letter stating that the City is not
liable for warranting the buildability of the lot.
THE MOTION DIED FOR LACK OF A SECOND.
MOTION by Councilman Starwalt to table the request due to the possible County
acquisition.
THE MOTION DIED FOR LACK OF A SECOND.
MOTION by Councilman Utter to grant the building permit with the following
stipulations:
1. The applicant grant a six foot utility easement on the south side
of Lot 11.
Community Development Department
G DIVISION
City of Fridley
TO: Barbara Dacy, Community Development Director
FROM: Kurt Schneider, Planning Interne
SUBJECT: Franks Used Car Site History.
Upon your request I have compiled a brief history including a list of all permits issued* as well as
an outline of correspondence associated with the Franks Used Cars site, 5740 University avenue
N.E.
Construction Permits:
November 1. 1955:
Garage construction to measure 48' x 44' and built with 12" block at a cost of $10,000.
Mat 25, 1965:
Storm repair, rebuild to original at an estimated cost of $4,000.
June 1. 1965:
Repair permit with repairs at an estimated cost of $800. Hard surface, parking, setback and green
space stipulations were expressed in this permit. (Attached)
Apri124, 1969:
Alterations permit to allow alterations at an estimated cost of $350.
May 15, 1969:
Sign construction permit to build and attach a 40' x 2' sign to the existing building.
Correspondence:
Highlights of the correspondence include a listing of activities from April 1, 1969 to April 5, 1972
(Attached). Other activities include:
April 30, 1973:
Signed special use permit agreement contained eight stipulations. (Attached)
July 6. 1976:
Used car sales license is pending approval based on completion of stipulation #8 from April 30,
1973 special use permit.
August 7. 1978:
Public works improvements checklist list the following areas of needed improvements:
- Maintain green areas, recommend landscaping.
- Provide hard surface, curbing, and striping in the parking area
- Paint roof equipment.
June 6. 1983:
Third and final notice issued for a sign maintenance problem. Failure to remove or restore the
existing sign will result in legal action.
August of 1990:
Most recent of several letters notifying the property owner that vehicles parked on the city
right-of-way are in violation and must be removed.
This property has had a history of documented code enforcement concerns. Continued parking of
vehicles, car bodies, and car parts in the right-of-way and on an unpaved surface may have
created some long term environmental concerns. The attached file photographs should give a
general sense of the overall condition of the property. A physical inspection and assessment of
the property may be warranted.
Frank's Used Car Lot
5740 University Avenue N.E.
Fridley, Minnesota 55432
April 1, 1969: Inspection showed property was clean and license was approved by
the Building Inspector.
April 20, 1970: Inspection made for license renewal. Found car bodies and parts
parked on City Street.
April 24, 1970: Letter written to owner asking him to remove the vehicles from
the City property before April 30, 1970.
April 27, 1970: Complaint received about used cars being parked on the City street
and also parked on State property.
April 30, 1970: Inspection made - showed cars parked on dead end of 58th Avenue.
Junk piled next to 3rd Avenue on Southwest area of lot and also
parked on 3rd Avenue.
May 6, 1970: Police served clean up notice - Owner promised to have it cleaned up
by May 11, 1970.
April 8, 1971: Inspection showed cars parked on 58th Avenue. Car parts and debris
on South end of lot. (Pictures taken.)
April 12, 1971: Inspection made of property. Picture taken of cars parked on
lots to South of property.
April 12, 1971: License renewal went before Council. License to be issued for only
that part of lot contained in original license. He says he has
bought additional land, so he is to request that his license also
covers that. He may also request the vacation of 58th Avenue for
his use, but the City will need easements back as there are
utilities in the street.
April 19, 1971: Letter written to owner advising him license was only issued for
- car lot on original property.
March 27, 1972: Inspection made in response to complaints by neighbors about
junk and debris on lot.
April 5, 1972: Letter written to owner to clean up the accumulation of car bodies
and car parts on the southwest comer of the lot. Owner given 15
days to accomplish.
This has been completed to the satisfaction of the Building Inspector.
,t
Frank's Used Car Lot
5740 University Avenue N.E.
Fridley, Minnesota 55432
April 1. 1969: Inspection showed property was clean and license was approved by
the Building Inspector.
April 20, 1970: Inspection made for license renewal. Found car bodies and parts
parked on City Street.
April 24, 1970: Letter written to owner asking him to remove the vehicles from
the City property before April 30, 1970.
April 27, 1970: Complaint received about used cars being parked on the City street
and also parked on State property.
April 30, 1970: Inspection made - showed cars parked on dead end of 58th Avenue.
Junk piled next to 3rd Avenue on Southwest area of lot and also
parked on 3rd Avenue.
May 6, 1970: Police served clean up notice - Owner promised to have it cleaned up
by May 11, 1970.
April 8, 1971: Inspection showed cars parked on 58th Avenue. Car parts and debris
on South end of lot. (Pictures taken.)
April 12, 1971: Inspection made of property. Picture taken of cars parked on
lots to South of property.
April 12, 1971: License renewal went before Council. License to be issued for only
that part of lot contained in original license. He says he has
bought additional land, so he is to request that his license also
covers that. He may also request the vacation of 58th Avenue for
his use, but the City will need easements back as there are
utilities in the street.
April 19, 1971: Letter written to owner advising him license was only issued for
car lot on original property.
March 27, 1972: Inspection made in response to complaints by neighbors about
junk and debris on lot.
April 5, 1972: Letter written to owner to clean up the accumulation of car bodies
and car parts on the southwest corner of the lot. Owner given 15
days to accomplish.
This has been completed to the satisfaction of the Building Inspector.
24
STATE OF MINNESOTA
MUTUAL AGREEMENT
COUNTY OF ANOKA
THIS AGREEMENT made and entered into this day of
, 1972, by and between
hereinafter referred to as the party (s) of the first part, and the
City of Fridley, Anoka County, Minnesota, a Municipal Corporation,
hereinafter referred to as the party of the second part.
WHEREAS, the party(s) of the first part desire to renew their
Used Car Lot License as required under the Fridley Code of Ordinances
for the operation of a Used Car Lot; and
WHEREAS, the party of the second part is concerned about the
proper operation of the Used Car Lot and the proper enforcement of
the Municipal Code;
NOW THEREFORE, be it agreed by and between the parties hereto
that the party(s) of the first part agrees to the following conditions:
1. The City will allow him to use the presently unused portion of
the 58th Avenue East of 3rd Street right of way for the parking
of cars. He will maintain the area and pay the City $325.00
per year rent for the use of this area. Upon receiving
notice from the City, he will remove the cars and have the
area available for City use within 7 days.
2. The Used Car Lot License is only for the North Half of Lot 7,
Lots 8, 9, and 10, Block 28, Hyde Park Addition.
3. To submit a plot plan showing the building and showing the
used cars he can accomodate within the North Half of Lot 7,
Lots 8, 9, and 10, leaving at least 20 feet from the curb
line on 3rd Street and 5 feet along all other property lines.
4. To submit an application to the City of Fridley for a Special
Use Permit requesting an extension of his Used Car Lot License
to* Lot 6 and the South Half of Lot 7, Block 28, Hyde Park
Addition and Lot 12 and 13, Block 2, City View Addition. If
the request is not granted he will remove the cars from these
lots within a week of the denial of the request and he will
24 A
put up a fence on the South property line of the North Half
of Lot 7, Block 28, Hyde Park Addition, 20 feet from the
curb line to the Easterly property line of the lot.
S. To clean up the whole area and maintain a neat and clean
appearance. There will be no junkers or any partially
dismantled car bodies lying around on the lot and all repair
and dismantling work will be conducted within the building
on the property.
6. He also agrees that if there is a violation of any of these
conditions that the City can revoke his license.
AND, in consideration of the above, the party of the second
part agrees to issue said Used Car Lot License with the contingency
that the party(s) of the first part will comply with the above written
stipulations.
IN TESTIMONY WHEREOF, the parties of the first part have hereunto
set their hands this day of , 1972.
WITNESS FRANK M. GABRELCIK (Husband)
WITNESS MARY GABRELCIK (Wife)
RE: Conditions To Be agreed To By Frank Gabrelcik Before His
Used Car License Will Be Issued By The City Administration
For The Year 1972.
�
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1. There- :rill 4ee 4 chain link fence installed on the North
6 L.--tc 2A , 'A-� P -vfe
property line of Lot 10, 10 feet from :Rxd the 3rd Street right
f,
of way to the East property line of the lot.
2. That the used car license jaex$zzx is only for the km1k North
Half of Lot 7 and -Lots 8, 9,10, Block 28, Hyde Park Addition.
7 A
To
3. -1 submitt a plot plan showing the building and showing the
used cars he can accomodate within the North Half of Lot 7 and
Lots 8, 9, 10, leaving at least 20 feet from the curb line on
3rd Street and 5 feet along all other property lines.
4. 41 submit an application to the City of Fridley for a
Special Use Permit requesting an extension of his used car license
to 1kz Lot 6 and the South Half of Lot 7, Block 28, Hyde Park
Addition and Lot 12 and 13, Block 2, City View Addition,
If the request is not granted he will remove the cars from these
a
lots within 4 week] of the denial of the request and he will
put up a fence on the South property line of the North Half
of Lot 7, Block 28, Hyde Park Additmon, 1kxfmx:Lxfxxm 20 feet
from the curb line to the Easterly property line of the lot.
l a
5. FPe � dean up the whole area and maintain a neat and clean
appearance. There will be no junkers or any partially dismantled
car bodies lying around on the lot and all repair and dismantling
work will be conducted wihtin the building on the property.
thire is
6. He also agrees that if a violation of any of these conditions
that the City can revoke his license.
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STATE OF MINNESOTA
COUNTY OF ANOKA
MUTUAL AGREEMENT
THIS AGREEMENT made and entered into this day of
1972, by and between
hereinafter referred to as the party (s) of the first part, and the
City of Fridley, Anoka County, Minnesota, a Municipal Corporation,
hereinafter referred to as the party of the second part,
WHEREAS, the party(s) of the first part desire to renew their
Used Cas Lot License as required under the Fridley Code of Ordjnan.cep
f®r the operation of a Used Car Lot; and
WHEREAS, the party of the second part is concerned about the
proper operation of the Used Car Lot and the proper enforcement of
the Municipal Code;
NOW THEREFORE, be it agreed by and between the parties hereto
that the party(s) of the first part agrees to the following conditions:
i, The City will allow him to use the Ear unused portion of
the S8th Avenue East of 3rd Street r,b;,i ut way for the parking
of Gars. He will maintain the area and pay the City $325.00
er Zear rent for the use of this area. Upon rece.ving
no ce rom the City, he will remove the cars and have the
area available for City use within 7 days.
Z, The Used Car Lot License is only for the North Half of Lot 7,
Lots 8, 9, and 10, Block 28, Hyde Park Addition,
3, To submit a plot plan showing the building and showing the
used cars he can accomodate within the North Half of Lot 7,
Lots 8, 9, and 10, leaving at least 20 feet from the curb
ling on 3rd Street and S feet along all other property 11nes,
4, To submit an application to the City of Fridley for a Special
Use Permit requesting an extension of his Used Car Lot License
to -Lot b and the South Half of Lot 7, Block 28, Hyde F4r�
Addition and Lot 12 and 13, Block 2, City View Addition. If
the request -is not granted he will remove the caxa from these
lots within a week of the denial of the request and lie will
2f
do
put up a fence on the South property line of the North Palf
of Lot 7, Block 28, Hyde Park Addition, 20 feet from the
Curb line to the Easterly property line of the lot.
5, To clean up the whole area and maintain a neat and clean
appearance. There will be no junkers or any partially
dismantled Gar bodies lying around on the lot and all repair
and dismantling work will be conducted within the building
on the property.
6, He also agrees that if there is a violation of any of than®
Conditions that the City can revoke his license.
ANDA in consideration of the above, the party of the second
part agreed to issue said Used Car Lot License with the contingency
that the party(s) of the first part will comply with the above written
�ti�aul�tion�,
IN TESTIMONY WHEREOF, the parties of the first part have hereunto
so their hands this day of ' 197;,
n
i .
FRANK M. GABRELCIK (Hus an )
MARY GABRELCIK Wife
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