Loading...
Cncl Minutesh *+ Building Standards -Design Control Subcommittee Minutes of July lfsr.9'a_�� C.) Substitute concrete walk for sod on short side yard setbacks. D.) Preceeding suggestions were made to help eliminate the weed problem and to simplify maintenance. Seconded by Tonco. Upon a voice vote, there being no nays, the motion carried unanimously. 7.CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF AN OFFICE AND MANUFACTURING BUILDING TO BE LOCATED ON LOT 14, AUDITOR'S SUBDIVISION NO. 78, THE SAME BEING 5601 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY LA MAUR INCORPORATED, 110 NORTH 5TH STREET, MINNEAPOLIS, MINNESOTA.) No representatives were present. MOTION by Bierman to recommend approval of the general concept but requested the applicant furnish the following with the revised plans. A.) Detailed plot plan. B.) Rendering on the main manufacturing building and office area. C.) More specific information on the tank farm and storage tanks- (type of material stored etc.) P Seconded by Tonco. Upon a voice vote, there being no nays the motion carried unanimously. 8.CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF A 294 UNIT APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S 1ST ADDITION, AND PARCEL 8400, SOUTH � OF SECTION 3, T. 30, R.24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA (REQUEST BY N CRAIG JOHNSON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINNESOTA.) Mr. Clarence Lowe and Jerry Roberts were present to present the request. MOTION by Bierman to accept the general concept as proposed, requesting, however, revised plans of the en`ire concept an( individual units showing more in detail. Seconded by Tonco. Upon a voice vote, there being no nays, the motion carried unanimously. 9.CONSIDERATION OF A REQUEST TO CONSTRUCT A COMMERCIAL BUILDING ON LOT 2, BLOCK 1, NAGEL'S WOODLANDS ADDITION, THE SAME BEING 960 OSBORNE ROAD N. E, FRIDLEY, MINNESOTA. (REQUEST BY FRIDLEY AUTO BODY, 6041 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA.) Mr. Jamison and Mr. Bonnet were present to p:_:sent the request. MOTION by Bierman to recommend approval of the request subject to the changes as marked on the plans as well as the following stipulations; A.) 10 foot radii at driveway entrances. B.) 2 - 4' x 8' plate glass window units substituting those shown on the plans. C.) Paint all exterior block. D.) Include sidewalk agreement with permit. Seconded by Tonco. Upon a voice vote, there being no nays, the motion carried unanimously. 0 REGULAR COUNCIL IMPETING OF JULY 21, 1969 PAGE 12 proposed signals. Councilman Samuelson asked if there would be land- scaping between the north -south road and East River Road. Mr. Schulze said yes, they plan on landscaping. Mayor Kirkham asked if the material in the tanks was flammable. Mr. Schulze said yes. Mayor Kirkham said that in that case, they would have to be diked. Mr. SchulZe agreed and said that they had planned to do so. Councilman Samuelson asked what is the anticipated investment. Mr. Schulze replied that there would be 200,000 square feet, at $7.00 to $10.00 per square foc,r , w()ulr ma'.,� it al.,out a >2,000,000.00 project. MOTION by Councilman Liebl to adopt the general concept as proposed and request detailed plans, and to grant a foundation permit. Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 8. CONSIDERATION OF A REQUEST FOR GENERAL CONCEPT APPROVAL OF A 294 UNIT APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S 1ST ADDITION, AND PARCEL 8400, SOUTH � OF SECTION 3, T. 30, R. 24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY N.CRAIG JOHNSON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINN.): The City Engineer explained that the Building Standards - Design Control had approved the general concept, but had requested more detail, and plans showing the individual units. He suggested that the City should acquire 12' along East River Road for a future turning lane. MOTION by Councilman Samuelson to concur with the general concept and to request more detailed plans. Seconded by Councilman Sheridan. Upon a voice vote, Samuelson, Sheridan, and Kirkham voting aye, Liebl abstaining, i Mayor Kirkham declared the motion carried. 9. CONSIDERATION OF A REOUEST TO CONSTRUCT A COMMERCIAL BUILDING ON LOT 2, BLOCK 1, N_AGEL'S WOODLANDS ADDITION, THE SAME BEING 960 OSBORNE ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY FRIDLEY AUTO BODY, 6051 UNIVERSITY AVENUE N.E., FRIDLEY, MINNESOTA): The City Engineer explained that this building will go in next to the Telephone building. There will be provided a 60' setback, also there is enough land for sidewalks and parking for their needs. He recommended ap- proval with the change that the sidewalks should be put in now. MOTION by Councilman Samuelson to concur with the Building Board except for the change in the stipulation regarding sidewalks, and that the Council does not want an agreement for future sidewalks, but that they should be put in now. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of July 16, 1969. Seconded by Council- man Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Liebl asked the Chair to move I-Fgrn X27 up, as there were a great many people waiting for this item, __ _ BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MINUTES OW.' The meeting was called to order by Chairman Erickson at 8:10 P. M. MEMBERS PRESENT: Erickson, Tormoen, Tonco, Bierman MEMERS ABSENT: Sornson OTHERS PRESENT: Hank Muhich, Building Official 1. CONSIDERATION OF A REQUEST TO CONSTRUCT AN IMI§TIIAL SrzuuLnrtva nu ---- BE LOCATED ON LOTS 11, 12, 13, 14, & 15, BLOCK 2, ONAWAY ADDITION, THE BEING 7800 ELM STREET N. E., FRIDLEY, M1NNE SOTA. (REQUEST BY ALLAN ZEIS 225- 94TH AVENUE N. W., COON RAPIDS, MINNESOTA.) Allen Zeis was present to present the request. MOTION by Bierman to recommend approval of the request subject to the following stipulations and any changes marked in red on the plans. A.) Relocate overhead doors from front to rear. B.) Front entry sidewalk (6' width) from street to entry. C.) Change sideyard setbacks to 10' on the North side and 45' on the South side (78th Avenue) to allow for additional blacktop and parking along 78th Avenue. This additional area to make up for parking area lost by relocating overhead doors. D.) 5' planting strip (sod) to divide blacktop area on the south end of the lot from 78th Avenue. E.) Blacktop on the south end of the building to extend to front line of the building. F.) concrete curb around blacktop parking and drive areas. G.) Raised concrete walk along rear line of the building to act as car stop. H.) Paint exterior surfaces of rear and side block walls. I.) Submit new plot plan incorporating these changes. Seconded by Tonco. Upon a voice vote, there being no nays the motion carried unanimously. 2. c(MSIDSRATIOB OF A REQUEST TO MUMSOTA 55405.) Mr. Dick Vanman of Vanman Construction was present to present the request. After some discussion a MOTION was made by Tonco to rec — nd approval of the request subject to the following stipulations: A.) All outside storage to be within enclosed area. B.) Concrete curbing to extend around entire driveway and parking areas. C.) Submit curb detail. D.) All driveway entries to include 10' radii. B.) Sod landscaped portion of property to rear property line of the building. Seed the rear area. Seconded by Tormoen. Upon a voice vote there being no nays the motion carr#Ad unanimously. (Lots 26 & 27, Block 2, Commerce Park rezoned from C-1 to CR -2) Approved- 2/14/69 Public Hearing- 3/13/69 Public Hearing - 4/7/69 lot Reading - 4/21/69 Building Standards - Design Control Subcommittee of August 7, 16 Page 2 ` 3, CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO EXISTING SERVICE STATION LOCATED ON PART OF LOT 1, AUDITOR'S SUBDIVISION NO. 25, THE SAME BEING 5696 HACKMANN AVENUE N. E. , FRIDLEY MINNESOTA. (REQUEST BY PURE OIL COMPANY 4940 VIKING DRIVE MINNEAPOLIS MINNESOTA 55435. Due to the absence of any representative presenting the request, a MOTION was made by Tonco to table the request pending determination of property limits and possible loop back as being considered by the City. Seconded by Bierman. Upon a voice vote, there being no nays, the motion carried unanimously. 4. CONSIDERATION OF A REQUEST TO CONSTRUCT A 294 UNIT APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 21 3, 4, 5, and 6, BLOCK 2, PEARSON'S IST ADDITION, AND PARCEL 8400, SOUTH k OF SECTION 3, T. 30, R. 24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY N. CRAIG JOHNSON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINNESOTA.) Clarence Lowe and Jay Tyson were present to present the request. After a lengthy discussion regarding traffic patterns, landscaping, parking, recreational areas and facilities; it was suggested additional plans be submitted to the board at some later date to clarify these matters along with more detail on soundproofing of party walls and ceilings between apartment units. Board also suggested the designers discuss different possible means of egress and exit with the Engineer Department in order to try to minimize the possible future traffic problems along East River Road. 5. CONSIDERATION OF A REQUEST FOR CHANGES AND AN ADDITION TO THE ADM COMPUTER AREAS IN THE TARGET WAREHOUSE LOCATED AT 7120 HIGHWAY # 6 DAYTON - TARGET STORES INCORPORATED, 700 ON THE MALL, MINNEAPOLIS, No one was present to present the request as applicant was unable to submit complete plans in time for the meeting. 6. EMERGENCY REQUEST TO GIVE APPLICANT TO BID INTO FRIDLEY IF BOARD SO APPROVES. DWELLING AT 630 JDMON STREET N. E MIMEAPOLIS TO BE MOVED TO 665 FAIRMONT STREET N. E. IN FRIDLEY. Miss Florence Bessesen was present to present the request. Following a study of the photographs and letters of the applicant as well as the photographs and report of the inspection department a INION was made by Bierman to recommend denial of the request based mainly on the findings of the inspection department as well as the age of the dwelling. Seconded by Tonco. Upon a voice vote, there being no nays, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned by Chairman Erickson at 11:40 P.M. Respectfully submitted, HARK MUNICH BUILDING OFFICIAL BUILDING STANDARDS -DESIGN CONTROL SUBCOMMITTEE MINUTES OF AUGUST 21, 1969 The meeting was called to order by Chairman Erickson at 8:03 P.M. MEMBERS PRESENT: Erickson, Biermann, Tormoen, Tonco MEMBERS ABSWT: Sorasen OTHERS PRESENT: Hank Muhich-Building Official 1. CONSIDERATION OF A REQUEST TO REMODEL EXISTING BUILDING LOCATED AT 6041 UNIVERSITY AVENUE N.E., THE SAME BEING LOTS 20, 21, 22 AND THE Sk 23, BLOCK 4, HYDE PARK ADDITION. (REQUEST BY MELS VAN -O -LITE, 3035 CENTRAL AVENUE N.E., MINNEAPOLIS, MINNESOTA[ 55418.) Mr. Don McLellen and Mr. Melvin Jacobson were present to present the request. MOTION by Tonco to recommend approval of the request subject to the following stipulations and notations marked in red on the plans: 1. Paint all exterior elevation. 2. Cedar shingle mansord roof. 3. Landscape to be as scheduled detail noted in red on plans. 4. Precast concrete curbing as noted on plans. Seconded by Tormoen. Upon a voice vote, there being no nays, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT AN ADDITION TO EXISTING SERVICE STATION LOCATED ON PART OF LOT 1, AUDITOR'S SUBDIVISION NO. 25, THE SAME BEING 5696 HACKMANN AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY PURE OIL COMPANY, 4940 VIKING DRIVE, MINNEAPOLIS, MINNESOTA 55435.) Mr. Don Egerer was present to present the request. MOTION by Biermann to recommend approval of the request with provisions that an agreement to reached between the City and Pure Oil Company, regarding the loop back design to minimize a congestion problem at the intersection of Highway #65, Hillwind Drive and Hackman Avenue and Central Avenue. Also, blacktop area around station to extend a minimum distance of 50 feet South of the proposed addition and extend the full width (East and West) of the property. Landscaping to be added when loop back changes are in progress. Seconded by Tormoen. Upon a voice vote, there being no nays, the motion carried unanimously.' 3.1 CONSIDERATION OF A REQUEST TO CONSTRUCT A 294 UNIT APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 2, 3, 42 5_AND 6, BLOCK 2, PEARSON'S IST ADDITION AND PARCEL 8400, A OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, _7855, 7875 AND 7895 EAST RIVER ROAD, ?RIDLEY, MINNESOTA. (REQUEST BY N. CRAIG JASON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINNESOTA.) Mr. Bill Dolan, Mr. Jerry Roberts and Mr. Clarence Lowe were present to present the request. They brought with them new plans incorporating some of the changes as suggested by the Board during the last subcommittee meeting. Building Standards -Design Control Subcommittee minutes of August 21, 1969 Page 2 Mr. Dolan explained that in a recent meeting with the City Engineer, it was explained to him that the traffic problem could not be resolved without the County's approval as East River Road is a County road. MOTION by Tonco to recommend approval of the request subject to resolving the traffic problem with the County and City Engineers, as well as the 12 foot property dedication providing room for improvements and means of access. Revised detailed recreation area and landscaping plans should be submitted prier to final approval of plot plan. It was also recommended that building permits be withheld on the two Western apartment buildings until resolution of the traffic access with the County. Seconded by Biermann. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONSIDERATIOK OF A REQUEST FOR THE APPROVAL OF THE GENERAL LAYUUT OF A TRAILOR ROME SALES OPERATION AS WELL AS THE AESTHETICS OF THE PLOT PLAN AND THE TRATLOR TO BE USED AS THE SALES OFFICE AT 71. HSS. HIGHWAY #52. OSSEO. MINNESOTA . (REQUEST BY CASTLE MOBILE Mr. Bernard Rotter was present to present the request. LOTION by Biermann to recommend approval of the request, subject to the following stipulations and the notations marked in red on the plans: 1. Dismount wheels of the office trailor. 2. Block up on concrete blocks. 3. Skirt the base with aluminum. 4. Connect utilities (water, sewer, gas, electricity). 5. Should occupancy be extended beyond the three year period as proposed, a revised plot plan must be submitted. Seconded by Tormoen. Upon a voice vote, Tonco abstaining, the motion carried. ADJOURNMENT: The meeting was adjourned by Chairman Erickson at 10:40 P.M. Respectfully submitted, �6 �MMI�H�� Building Official REGULAR COUNCIL MEETING OF SEPTEMBER 2, 1969 PAGE 13 has met with the City Engineer to accomplish this. MOTION by Councilman Liebl to approve the request subject to the conditions imposed by the Subcommittee and the acquisition of the agreement for the loop back. Seconded by Councilman Harris. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. r\j.3. CONSIDERATION OF A REQUEST TO CONSTRUCT A 294 APARTMENT COMPLEX TO BE LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON,'S 1ST ADDITION AND PARCEL 8400, S� OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, AND 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY N. CRAIG JOHNSON, 4517 OXFORD AVENUE, MINNEAPOLIS, MINNESOTA): 4z The City Attorney reported The Court permitted these much as is possible. that. last Friday there was a preliminary motion. people to intervene and advance the schedule as The City Engineer said that there were only small changes made since the Council last saw the plans. As before, there will be right turns off East River Road and right turns onto East River Road going north, but no left turns. Allleftturns-must be made at 79th Way-. There will be an additional lane provided. Mr. N. Craig Johnson said that he would like to get the plans approved, although obviously he could not get a building permit until after the court case is settled. He asked if it was possible to get a building permit subject to the outcome of the court case. The City Attorney said that it would not make any -difference. The City Engineer said that he thought it best for Mr. Johnson to come back with his plans after the case is settled and request a building permit for the first building. MOTION by Councilman Harris to approve the general concept of the plans, subject to the pending court case. Seconded by Councilman Sheridan. Upon a voice vote, Kirkham, Harris and Sheridan voting aye, Liebl voting nay and Samuelson abstaining, Mayor Kirkham declared the motion carried. 4. CONSIDERATION OF A REQUEST FOR THE APPROVAL OF THE GENERAL LAYOUT OF A TRAILER HOME SALES OPERATION AS WELL AS TUE AESTHETICS OF THE PLOT PLAN AND THE TRAILER TO BE USED AS THE SALES OFFICE AT 7151 HIGHWAY #65. (REQUEST BY CASTLE MOBILE HOMES, HIGHWAY #52, OSSEO, MINNESOTA): The City Engineer refreshed the Council's memory by reporting that Castle Mobile Homes received their special use permit and sign permit July 7, 1969. Now they are requesting approval of the plot plan. They are already in operation, however, there is some minimal work that they must do. MOTION by Councilman Harris to grant the request subject to the Subcommittee's stipulations. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF AUGUST 27, 1969: MOTION by Councilman Liebl to receive the Minutes of the Board of Appeals Meeting of August 27, 1969. Seconded by Councilman Samuelson. Upon a voice vote, all ayes, Mayes KjThaq declared the motion c4rried unanimously. REGULAR COUNCIL MEETING Of OCTOBER 6, 1969 This would cost the City about $3f000. The County is proceeding on an emergency basis. PAGE 5 MOTION by councilman Samuelson to authorize the City Administration not to exceed $3,000 on an emergency basis, for the installation of a temporary signal for Robert Louis Stevenson School and to enter into an agreement with the County and School if necessary. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. Councilman Sheridan asked if any of the $3000 would be recoverable on the permanent installation. The City Engineer said that he did not think so. The County does not have any plans as yet. Councilman Sheridan said that on T.H. #65 both north and south of 49th Avenue there is a flashing amber light warning of a school crossing ahead and wondered if this could not be included in this area also, as it is located on a curve. The City Engineer said that he would check this out. He pointed out that both hand signals and flashing signals are illegal and are used only on an emergency basis, RECESS: Mayor Kirkham declared a recess from 8:30 to 8:54 P.M. APPROVAL OF RE2UEST FOR BUILDING PERMIT FOR TWO BUILDINGS ON 79TH WAY AND EAST RIVER ROAD; (FIVE SANDS, INC.) Mr. N. Craig Johnson said, that the Council has already approved the concept and the plans are now completed. Approval of the plans as to the traffic has been received from the County. He said that they are now ready to start the two northwest buildings. Councilman Liebl asked if there was some sort of an agreement reached with the property owners. Mr. Johnson said that the major concern was traffic. There will be one opening on 79th Way and they have agreed to have the opening as far as possible to the west. The people were also concerned about parking on 79th Way and he said that there is thought being given to putting up no parking signs on the south side of 79th Way, then no one in the complex would be parking there. The people in the area were concerned about snow removal, with the cars parked on the street. He said that he did not believe the people realized how far back the complex will be from 79th Way and when they under- stood that it would be over 100 feet from 79th Way they seemed pleased. There will be right turas off East River Road, but no left turns onto East R}yer Road, other than at the 79th intersection. Mr. Johnson said that there will be a read parallel to East River Road through the project. The City Engineer showed the plans to the Council and said that all left turns will be made at 79th Way were there is a signal proposed. This will be the only exit for the complex. He said that there were a few changes in the complex since originally looked at. There was originally a cover provided over the swimming pool, now it is an uncovered outdoor pool. He said that the City would like to keep the complex of hl.gh duality and these facilities tend to keep rent higher and the buildings well maintained. There is also a need for some easements which they have agreed to provide. Councilman Samuelson asked if there is to be a registered land survey or platting done. The City Engineer said that it is all under one ownership and is described by metes and bounds now. Councilman Samuelson asked if it would REGULAR COUNCIL MEETING OF OCTOBER 6, 1969 PAGE 6 ,/Y not be better if platted, Mr. Johnson said that it is torrens title now and the deed is clear, the mortgage company is satisfied with the metes and bounds dsscription, as it is under one ownership, Councilman Sheridan asked in answer to the question raised by the City Engineer, if he meant to infer that the quality is not whit the City has been striving for. The City Engineer said that it is of average quality, but of course lacks the river frontage like those located on East River Road, and the covered pool. Councilman Sheridan said that he did not see that it would be unreasonable to request a covered pool with this amount of units. Mr. Johnson said this is true, however, they have tried to provide more living space rather than the covering over the pool. He said that they have found that people really do not use a pool that much, as much as they would other facilities they have tried to make nicer. They felt that'it would be better to use the additional funds for additional living space. There are tennis courts, party rooms, ping pong, places for children, and a sauna. He said that it was their feeling that a covered pool would look very nice, but would not really be used that much. The City Engineer said that they have so many other recreational facilities, it seems that the pool should be covered. Councilman Sheridan said that the Council does want them to be competitive with Cather communities, Mr. Johnson said that they will try very hard to keep up to date and that perhaps in the future, the pool will be covered. Mayor Kirkham said that he would like to see the pool covered, but would have to agree with Mr. Johnson that he would not like to see any of the more important facilities sacrificed. MOTION by Councilman Sheridan to authorize the Administratiop to grant a building permit for the first two buildings for Five Sands Inc. in the vicinity of 79th Way and East River Road subject to easements required by the Adminis- tration, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayon Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PARKS AND RECREATION MEETING OF SEPTEMBER 22, 1969; MOTION by Councilman Liebl to receive the Minutes of the Parks and Recreation Commission Meeting of September 22, 1969, Seconded by Councilman Samuelson. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. MOTION by Councilman Sheridan to instruct the Administration to prepare a Certificate of Appreciation for Richard M. Donlin. Seconded by Councilman Samuelson, upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. The City Attorney pointed out that the Commission is again requesting an ordinance change prohibiting the use of motorized vehicles in the park areas, and asked just what they meant, The City Manager believed that what was meant was all vehicles, except within posted areas. The City Attorney said that he would draw one up. Councilman Liebl pointed out that there was some discussion concerning having a representative from the Student Council attend the Commission Meetings. He said that he understood that this was being dons in Bloomington sucpssfully. Mayor Kirkham agreed that it was an item to consider, but that he was not ready to act. Councilman Samuelson agreed with the Mayor and pointed out that the City is comprised of four school districts. Plats & Subc.-Str. & Uttl. Subcommittee - October 21, 1970 Page 2 2. LOT SPLIT REQUEST, L.S. #70-13, BY DUFFY LUMBER COMPANY REPRESENTED BY JAMES N. NEILSON, ATTY.: Lots 8 and 9, Block 6, Spring Brook Park. Darrel Clark said that the original lot split was recorded in the County in 1960. The land and dwellings are now under one ownership and the owner wishes to sell, but does not want to use the 1960 lot line and is requesting a new lot line. The proposed lot line would meet the sideyard requirements for the garage on Lot 8, and the land area for the dwelling on Lots 6, 7 and 8 is more than adequate to meet the ordinance requirements. Also, the new line would be straight. There would be no difficulty with the legal description which is a little bit long but very clear. Chairman Schmedeke explained that as long as the owner is the same for both parcels, and the proposed lot line will allow sufficient land area to meet the City Codes, it would seem logical to concur. MOTION by Zeglen, seconded by Meissner, that the Plats & Subdivisions - Streets & Utilities Subcommittee recommend to the Planning Commission approval of the lot split request, L.S. #70-13, by Duffy Lumber Company of Lots 8 and 9, Block 6, Spring Brook Park as shown on the certificate of survey dated May 26, 1970. Upon a voice vote, all voting aye, the motion carried unanimously. 3. PROPOSED PRELIMINARY PLAT, P.S. #70-04, FIVE SANDS BY FIVE SANDS, INC.; Generally located South of 79th Way, East of East River Road, West of the i railroad tracks and North of 78th Way. Chairman Schmedeke reminded the Subcommittee that it was not necessary to act on the request this evening because it is quite a large project and the public hearing before the Planning Commission is November 4, 1970. Mr. James Kurth, surveyor, represented the Five Sands, Inc. Mr. Zeglen commented he noticed construction of an apartment on Lot 1. Mr. Kurth said that the concept will be built in Phases because of financing. When one structure is completed, they will be able to get the money to start another. In order to get the assessments for each building, the lots would have to be defined. At the present time, there are two fee owners, Five Sands, Inc. and Pearson's Inc.; however, Five Sands, Inc. have a contract to purchase all the property in the proposed plat. The problem was whether to plat or have a registered land survey. Because the property was torrens, platting was chosen as easements for streets and utilities would be necessary. A map will be available for the Subcommittee at the next meeting showing the water system, and they are using underground utilities, Mr. Kurth said. Mr. Meissner asked the purpose of the Outlots. Mr. Kurth explained that an outlot is a piece of property which is impossible to use for normal building site, and is usually sold in conjunction with the adjoining lot, or is used for some other purpose than a regular lot. In the proposed plat there are seven lots and three outlots, A, B and C. Lot 7 will be used for a recreation area and will be called a common area lot in that each of the units surrounding the lot have the right to use the facilities. Outlots call attention to the fact that there is something to look into so that the buyer would beware. Plats & Subs.-Str. & Util. Subcommittee - October 21, 1970 Page 3 Mr. Kurth said that the building plans have been checked by the fire department. There will be 295 apartments and 580 parking stalls. There are no plans to use the Outlots. The land to the South contains the Pool Center, Barry Blower and open land. The Engineering Assistant said that any legal problems would be gone over with the City Attorney. MOTION by Zeglen, seconded by Kelshaw, that the proposed preliminary plat, P.S. #70-04, Five Sands, by Five Sands, Incorporated be tabled until the November 4, 1970 meeting. Upon a voice vote, all voting aye, the motion carried unani mous 1 y . ADJOURNMENT: There being no further business, Chairman Schmedeke adjourned the meeting at 7:50 P.M. Respectfully submitted Hazel O'Brian Recording Secretary y Planning Commission Meeting - October 21, 1970 _ Page 2 The Subcommittee wished to call attention to the fact that the East 33 feet of Lot 6 was being used for Main Street, but the half section does not show it, although the street is in. They felt the deed had been signed but not recorded. However, the City legally owns the property because the road has been there since 1956 and became a public street. Reference was made to Parcel 1900, the 12.5 foot description gap and the Commission agreed this would be no problem as it is located between Lots 6 and 7.which are under one ownership. They would assume the railroad company had acquired it. The railroad company was told about the description gap. In order to get a clear title, the original owner has to be contacted. If he is "long gone" or cannot be located, then the title has to be cleared by the court. Darrel Clark explained they have sold off more than half of Lot 6, and the lot split request would split the land into two pieces. Summit Gear Company would still meet all the requirements of the ordinance for setbacks, etc. Summit Gear Company sold the land about a year ago but was not aware they had to have a lot split approved before the assessments could be split. MOTION by Schmedeke, seconded by Harris, that the Planning Commission recommend approval to the City Council of the lot split request, L.S. #70-12, by Summit Gear, Incorporated to split off the South 200 feet of the East 363 feet of lot 6, Auditor's Subdivision #78 as described in the Lot Split Applica- tion subject to the determination that the proper easement deed for the 33 feet along Main Street be filed in Anoka County. Upop a voice vote, all voting aye, the motion carried unanimously. 2. CONFIRM PUBLIC HEARING DATE OF NOVEMBER 4. 1970 FOR THE PROPOSED PRELIMIN- ARY PLATL.P. S. #70-04, FIVE SANDS, BY FIVE SANDS, INCORPORATED: As explained by Darrel Clark, the reason for platting is that each build- ing will have its separate mortgage and assessments. The registrar of deeds would not accept the present descriptions inasmuch as the land is torrens. Streets and utilities easements cannot be dedicated unless they plat. Accord- ing to the schedule, Phase 1 is the application for the mortgage. Darrel Clark continued that the Subcommittee, which met previously this evening raised many questions and they are going to ask information from the City Attorney. There are two fee owners. Lots 1 through 6, Pearson's 1st Addition is owned by Five Sands, Inc. and Pearson's Inca owns the portion to the South. MOTION by Harris, seconded by Fitzpatrick, that the Planning Commission confirm the public hearing date of November 4, 1970 for the preliminary plat, P.S. #70-04, Five Sands,by Five Sands, Incorporated. Upon a voice vote, all voting aye, the motion carried unanimously. 3. LOT SPLIT REQUEST: L.S. #70-13, DUFFY LUMBER COMPANY REPRESENTED BY JAMES M. NEILSON: Lots 8 and 9, Block 6, Spring Brook Park. . Mr. Neilson was unable to be present. REGULAR COUNCIL MEETING OF DECEMBER 7, 1970 PAGE 25 B. ACTING CITY MANAGER: PROPOSED EXPLOSIVE ORDINANCE: MOTION by Councilman Liebl to receive the memorandum from the Acting City Manager dated December 1, 1970, and the letter. from the City Attorney dated November 23, 1970. Seconded by Councilman Sheridan. Upon a voice vote, all voting aye, Mayor Kirkham.declared the motion carried unanimously. C. PLANNING ASSIST LNT: REPORT ON ANOKA COUNTY CO:•1.PItEHF'ISIVE HEEALTH MEETING, NOVEMBER 18, 1970: MOTION by Council nn Harris to receive the communication from the Planning Assistant dated November 19, 1970. The motion was second.ad and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. D. KEN NORDLING: REQUEST FOR WAIVER OF PLUMBING CODE: MOTION by Councilman Harris to receive the cosrmunication from Ken Nordling dated November 18, 1970 and approve the request for a Waiver fsc.:.� the old Minneapolis Plumbing Code to allow use of plastic pipes as written in the new I-linneapolis Code. Seconded by -Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. E. SOCIAL ACTION C011,241",TEE: ST. WILLIAMS CHURCH: MOTION by Councilman Liebl to receive the communication frca.the Social Action Coaunittee of the St. Williams Church. ' Seconded by Counci?.man Breider. Upon a voice vote, all voting aye, Mayor Kirkhan declared the -� motion carried unanimously. APPOINTMENT OF ASSIST]' -NT CITY MANAGER: MOTION by Councilman Harris to appoint Marvin C. Brunzeli as Assistant City s Manager. Mr. Harris stated that by previous action he is authorized to act as assistant only when the City Manager is out of town. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ADJOUP,10IENT : There being no further business, mayor Kirkham declared the -Regular Council Meeting'of December 7, 1970 adjourned at 1:40 A.M. ReApectfully submitted, uel Mercer Secretary to the City Council Jack 0. Kirkham Myor f • fl -8 KEN NORDLING 211 TYROL WEST BUILDING MINNEAPOLIS, MINN. 55416 TELEPHONES Qfh— 544-9159 Re -dunce - 935-9447 Honorable Council City of Fridley 6431 University Avenue N. E. Fridlev, , Minnesota re: 79th & E. River Road November 18, 1970 , J' Gentlemen: We ask for a waiver from the old Minneapolis Plumbing Code, Section 132, to the new Minnesota State Plumbing Code, Section 123, in regard to materials. The City of Minneapolis adopted the new Minnesota r State Plumbing Code, the week of October 1, 1970` We are building two 59 -unit apartment buildings at 79th & E. River Road. We would like to use the new plastic on waste and vent as written in the new Minnesota State Code as adopted by the City of Minneapolis. a Sincerely, MID -AMERICAN HOMES, INC.. eth. Nordling KN/ld o GENERAL CONTRACTING ' REAL ESTATE INVESTNIE?4 j S • LAND DEVELOPERS Bui .: J111 Standards -Design Control Meeting of Januar' 19, 1971 Page 2 3. There must be concrete curbing ar d all blacktop areas. Seconded by Tonco. Upon a vo vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT ADDITIONAL GARAGES FOR AN APARTMENT COMPLEX IN LIEU OF PARKING LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S IST ADDITION AND PARCEL 8400, SZ OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845, 7855, 7875, AND 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT, 2408 CENTRAL AVENUE, MINNEAPOLIS, MINNESOTA.) Mr. Ken Nordling and Mr. Dick Fudali were present to present the request. Mr. Nordling stated that they would like to convert the outside parking along 79th Way N.E. into garages. They would be putting in either two 16 stall garages or a 24 stall garage and an 8 stall garage depending on where the sewer line would come in. These additional garages will conform to the garages all ready built and the rest of the apartment complex. MOTION by Tonco to recommend approval of the request for additional garages as shown on the drawings and specifications. Seconded by Lindblad. Upon a voice vote, all voting aye, the motion carried unanimously. ADJOURNMENT: The meeting was adjourned by Chairman Zeglen at 9:20 P.M. Respectfully submitted, CAROL CHUDEK Secretary 4 REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971 PAGE 9 OF TFW .PARK , AND REC MA=ON ZOM MISSION MERVING OF DECEMBER, 8, 1970: Councilman Breider said that under the item "Sale of Park P operty" it lists Flanery Park. He asked what was meant by this. The Acti City Manager said that he was not familiar with this and would get additio 1 information. Councilman Breider said that there was same.shuffling o the 1971 budget to get some funds to make up the overtime, and he would .n ed more justification before he could approve the transfer.of.funds.. He th ught that authorizing another man for the Parks Department would take car of it. The Acting City Manager said that he would -bring back more informa on on the reasons for the transfer. Councilman Breider said that he assume that they were talking about an 8:00 A.M. to 5:00 P.M. work shift and everyth g else would be overtime. He questioned why .not work two shifts. Counci Harris commented that the rinks cannot be flooded until after 9:00 anyh Councilman Liebl said that if the Parks and Recreation Commission recomm nded this change, they must have had good reason. Councilman Breider said th t he did not at this time see a justifiable reason. Councilman Liebl said at he thought that the object was to get the children off the streets and i o a program. Councilman Harris said that it appears that apparatus for some the parks has been cut put. Councilman Breider felt that there shou not be such a Large amount of over- time. The Acting City Manager said th he would have more information at the next Regular Council Meeting. MOTION by Councilman Breiderto rec ive-.the Minutes. of the Parks and Recreation Commission Meeting of December 28, 1970 and request further justification for the transfer of funds and clarif' ation in regard to Flanery Park. He further requested that a report be brou t back to the Council on the status of moving the fence in the southeast qua ant of I. 694 and University Avenue, and the status of the negotiations wi the railroad for the lease of property in the area south of I. 694. The mo ion was seconded and upon a voice vote, all voting aye, Mayor Kirkham de Tared the motion carried unanimously. RECEIVING THE MINUTES OF T)4E BUILDING -STANDARDS JANUARY 19, 1971: 1. CONSIDERATION OF A LOCATED ON PART OF 5203 CENTRAL AVENfJ FEDERAL TO - BUILDING, D TO CONSTRUCT A BUILDING FOR A SAVINGS AND LOAN LOT 5, AUDITOR'S SUBDIVISION N.E., FRIDLEY, MINNESOTA. I BY BAKER ASSOC. 3, THE SAME BEING _UEST BY TWIN CITY ARCHITECTS, 220 The City Engineer aid that this request was for a. Twin City Federal Savings and Loan building to ted in the southwest corner of Skywood Mall Shopping Center. He then showed a location on a map of the area and the plan for.the building. He said they w e following a colonial concept for the building, and showed the Council elevation, The Building Standards - Design Control Subcommittee recommended proval subject to three stipulations. He said that 52nd Avenue is carrying ore and more traffic and at present there is only one lane going east and oxie going west. He suggested shifting the building 5' north to allow for a7i eventual expansion of two lanes going west. He also suggested that the west enthiance be shifted further east. L' REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971 pA 10 MOTION by Councilman Harris to approve the plans ject to the stipulations of the Building Board and the City Engineer. conded by Councilman Liebl. Upon a voice vote, all voting aye, May kham declared the motion carried unanimously. Mr. Edward Baker of Baker -Assn 'ates, Inc., Architects, showed.the Council a picture of what the build would look like. He said that there would be a large community room in a lower level. He added that the recommendation to shift the building the north was well made. 2.� CONSIDERATION OF A REQUEST TO. CONSTRUCT ADDITIONAL GAi'3AGES FOR AN APARTMENT COMPLEX IN LIEU OF PARKING LOCATED ON LOTS 1 2 3, 4, 5 AND 6, BLOCK 2, PEARSON'S 1ST ADDITION AND PARCEL 8400, S], OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805, 7825, 7845 7855 7875 AND 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT, 2408 CENTRAL AVENUE, MINNEAPOLIS, MINNESOTA): ^! The City Engineer said that this request was by Five Sands for 32 garage stalls. Originally the plan was for open parking. The garages would have the back side fronting onto 79th Way. The Building Standards - Design Control Sub- committee recommended approval. Councilman Harris said that he would recommend approval with the agreement that the rent for the unit would be part of the rent for the garage. It should be all one figure. There are complexes in the City with empty garage stalls and not enough places to park. They must rent the garages with the unit to eliminate parking in the street. The City Engineer said that the back of the garages would be about 20' south of the right of way of 79th Way. Councilman Kelshaw asked if they were still proposing to landscape between 79th Way and the back of the garages. The City Engineer said yes, there is no change except where there was open parking, there would be garages. Councilman Liebl said that this would give more privacy to the north residents and would make the overall project better. The City Engineer agreed that it would give more privacy and added that some people would rather look at cars than garages. Mr. Ken Nordling said that he was one of the principals of Five Sands. With the entire plan for 295 units they had garages on only the first and third complex. He said that there was no agreement. The garages would normally go with the two bedroom units, and there was no rental agreement. Councilman Harris explained to Mr. Nordling that there has been a problem in the City of renters not renting garages and parking in the street. He asked what if he did not rent all the garages. Mr. Nordling said that there would still be adequate parking space. There would be two per unit. The City Engineer said that the requirement is for two bedroom, it is two spaces, for one bedroom, 132 spaces. He asked if Mr. Nordling would see any problem in setting up the garage rent. He said that he would want the 32 garage stalls rented. Mr. Nordling said that he could rent them with the unit. He did not have a lease agreement for the garages. He could forsee no problem, he has people waiting for garages in a complex in Brooklyn Center. He showed the Council a picture of the back side of the garages, and added that he has posted a $16,000 bond for the landscaping. REGULAR COUNCIL MEETING OF FEBRUARY 1, 1971 PAGE 11 MOTION by Councilman Liebl to approve the request for a building permit subject to the agreement that the rent of the garage must be included .in the rent for the unit. Seconded by Councilman Harris. Upon a voice vote, -all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING.COMMISSION MEETING -OF JANUARY 20, 1971: The City Engineer reported that the first item: A rezoning request by Richland Inc. has been continued by the Planning Commission. / LOT SPLIT REQUEST: L.S. #71-01, CHARLES LA BEAUX: To split off the of the E� of Lot 34, Auditor's Subdivision #92. The City Engineer said that this lot split is for an area just south f Gardena Avenue. The Planning Commission recommended approval subject to Mr LaBeaux granting a 30 foot road easement and with the understanding that. a south lot cannot be built upon until it is serviced with water, sewer and treet. MOTION by Councilman Harris to approve Lot Split #71-01,.by 9harles LaBeaux to split off the south half of the east half of Lot 34, Autar's Subdivision #92 with the stipulation of the dedication of the southerly -3 feat of Lot 34 for street purposes, and that no building permit be granted til the lot can be serviced by sewer, water and. -street. Seconded by Co ilman Ereider. Upon a voice vote, all voting aye, Mayor Kirkham declareda motion carried unanimously. LOT SPLIT REQUEST: L.S.#71-02, THOMAS R. ANSON: Lots 3, 4, and 5, Block 5, City View Addition. To make two 60 foot lots from three 40 foot lots. The City Engineer explained that this sp 't is to make three 40 foot lots into two. It is located between 57th Avenue d 57th Place, showing the location of on the screen. There are buildings o both sides of these lots. He will provide attached garages and the P1 ing Commission recommended approval. MOTIO14 by Councilman Liebl to ap ove the Lot -Split #71-02 by Thomas Swanson to split Lots 3, 4, and/5, Block 5, City View Addition in order to make two 60 foot lots out of threeAO foot lots. Seconded by Councilman Kelshaw. Councilman Harris saidtha according to the Ordinance, to make a split of lots less than 75' there ill have to be an attached garage. The City Engineer said that there was an showed the plans. MOTION AMENDED by Cp6ncilman Harris that due to problems in the general area, that the Council p6view the plans for these lots before the building permit is issued. Seconde,0 by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham qYeclared the amendment carried. THE VOTE up n the motion, being a voice vote, all voting aye, Mayor Kirkham declared Jtfie motion carried unanimously. NOTE:/This item was again discussed at the and of the Meeting. .� ' REGULAR COUNCIL MEETING OF FEBRUARY 1, 3.971 PAGE 12 MOTION by councilman_Liebl to receive the Minutes of the Planning Commission Meeting of January 20, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Councilman Harris felt that in cases of residential lots having less thane required footage by Ordinance, that the plans should come to the Counoil afore the building permit is issued. He said that he -has seen cases where neighbors did not feel that a building is compatible with the neighborhood. MOTION by Councilman Harris to formulate the policy that all bui ng permit requests for a residential lot less than the required footage bOrdinance come to the Council for approval. Seconded by Councilman Kelshaw. Upon a4 voice vote, all voting aye, Mayor Kirkham declared the motion carried u imously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEET: A REQUEST FOR REDUCE THE MI: FROM 2500 SQU: CITY CODE, TO SIGN IN CR -2 THE CONSTRUC LOT 11, BLOC AVENUE N..E., GROUP 1745. OFa SECTION 45. RE FEET TO 1364 S UARE FEET, SECTION 56.D5, 5A FRIDLEY INCREASE THE MAXIMUM AREA RE STT FOR A FREE STANDING 1 ONING FROM 48 S UARE FEET T 0 SQUARE FEET TO ALLOW DN OF AN INSURANCE CLAIMS FFICE AND SIGN TO BE LOCATED ON THE SAME BEING 7400 UNIVERSITY ,T BY THE AMERICAN FAMILY INSURANCE MINNESOTA 55104): '•ITY CODE, TO IN CR -2 ZONIT The City Engineer said that chis re st for an area variance is for an insurance claims office along the U varsity Avenue west service road. . Fridley's requirement is 2500 squ a feet and their plan is for 1364 square feet. He then showed the plan on the a sal and said that the building. plans will go to the Building Standards- Des gn Control Subcommittee and be coarsing back to the Council. The Board of Ap els recommended approval of the area variance. The request for the sign ver ance has been withdrawn by the company as �8 2, COMMERCE PARK FRIDLEY. MINNESOT: ST. -they want to work on it some mo and will come back. MOTIgN by Councilman Li 1 to concur with the Board. of Appeals .and grant the request for the varian a to American Family Insurance Group.. Seconded by Councilman Braider. Councilman. Kelshaw said that he would abstain from the vote, as he works for this compay. THE VOTE upon he motion, being.a voice vote, Harris, Braider, Kirkham, and Liebl voting ye, Kelshaw abstaining, Mayor Kirkham declared the motion carried. MOTION b Councilman Liebl to ,receive the Minutes of the Board of Appeals Meetin of January 26, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion ION FOR APPROVAL OF FIRST OF STREET LIGHTING PROGRAM carried unanimously. FOR 1971: The City Engineer said that there is a five year lighting program. There are 30 lights budgetted for 1971 and this first phase includes 16 lights and 10 lights requested by the Parks Department. If approved it will be submitted to NSP. REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 15 41, CONSIDERATION OF REQUEST FOR REMOVAL OF STIPULATION FOR EXIT AND ENTRY FOR PHASE II BUILDING ON 79TH WAY AT LINCOLN STREET ONLY CONTAINED IN A BUILDING PERMIT #10894 TO FIVE SANDS DEVELOPMENT: The City Engineer said that there were three letters from Richard Fudali, Attorney, contained in the Agenda in regard to a condition placed on their permit for Phase II of Five Sands Development. The stipulation states: "1. Exit and entry for Phase II on 79th at Lincoln Street only." Mr. Fudali is objecting to this stipulation as it is causing trouble with their F.H.A. financing, and is requesting that this terminology be elimihated. There have been no signed documents or minutes from any body covering this stipulation. He said that he has discussed this problem with Mr. Fudali and has advised the City Attorney's office. The Acting City Attorney said that the F.H.A. will not give financing on property where access is limited on a public street. Different phases of this development are being financed by different people. He said that he did not know of any basis the City could restrict the use of a public road. The City has no right to deny them the right to the street. Councilman Breider said that this phase has ingress and egress at Lincoln Street. The City Engineer said that they still intend to follow their plans and speci- fications, they just want this stipulation removed for financing purposes. Conditions might change in the future and they might want to get access at some time to the road. He added that Mr. Fudali was sorry, but he had to be out of town and would be unable to attend this meeting. This stipulation was added because of the concensus gotten from the Council. Councilman Breider said that in regard to regulating access to a public road, would this not be the same situation as trying to keep people off East River Road. The Acting City Attorney said that in comparing the two items, one street is primarily a street controlled by the City and the other is controlled by the County. He added that if Five Sands chose not to follow the stipulation, the City of Fridley could not enforce it. The Council did not direct that this stipulation be put on the building permit. This language should be taken from the permit and if they should want access to 79th at some future time, they would have to come back before the Council and request it as it would be a change in their plans and specifications. They feel that 35 years from now the situation might be entirely different. MOTION by Councilman Liebl to receive the communication from Richard Fudali dated February 9, 1971 and the two letters dated February 22, 1971. Seconded by Council- man Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mayor Kirkham said that he understood that according to the State Statutes, the Council has no alternative, but to delete this.language. The Acting City Attorney said yes, in the opinion of the City Attorney and himself, Five Sands was on solid ground. MOTION by Councilman Kelshaw to delete Stipulation #1 from the building permit for Phase II 'of the Five Sands Development. Seconded by Councilman Harris based on the opinion of the City Attorney. REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 16 Councilman Liebl said that 79th Avenue at thi::: time_: does not go through to University Avenue. The stipulation was made at tht! time to appease the property owners to the north. Mayor Kirkham commented tl.at if 79th should go through, it may be an advantage to allow him access to 79th. Councilman Breider _iuesLioried what happens when they start to develop Phase 3, 4, and 5 in regard to the roads. The City Engineer said that there :could be access to East River Road and throuy:: Lincoln Street to 79th. If this language is going to be eliminated from this permit, he would assume that it would not b(-- on E.on any future permit for the other buildings. Councilman Breider said that this was originally five tuildings by one developer, now there are five different financiers. Councilman Harris said that he was sure that with other large apart- ment complexes there is separate financing. Councilman Breider commented that he would like to talk to Mr. Fudali about the a��cess for the other three buildings. The City Engineer commented that Mr. Fudali accepted the conditions and they were done with his agreement. Councilman Kelshaw added that at that time, Mr. Fudali was unaware that it would cause trouble with the financing. MOTION by Councilman Liebl to call for the question limiting debate. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. THE VOTE upon the original motion, being a voice vote, Harris, Kelshaw, Kirkham and Liebl voting aye, Breider voting nay, Mayor Kirkham declared the motion carried. CONSIDERATION OF RESOLUTION ORDERING IMPROVEMENT, FINAL PLANS AND SPECIFICATIONS AND ESTfMATES OF COSTS THEREOF: STREET IMPROVIINENT PROJECT ST. 1970-4, ADDENDUM #3: Mr. Richard Harris asked if this would be an addition onto an existing contract. The City Engineer said yes, if the Council orders the improvement, it would be addgd onto an existing contract by a change order. He said that his recommendation is,,if the Council orders it in, that the cost of the improvement be credited so that,, when the storm sewer is put in, the people would pay only the cost of a no al standard street. Mr. Harris said that he has discussed this with the City Engipeer and now the wheels are in ration for an overall plan for the area. He said; that he was very concerned for an orderly development of the whole area. He would request that this improvement be delayed until the area plan is dis- cuss�d. Councilman Harris asked if this street would have any culverts. The City Engineer saidtno, just a short connection. Councilman Breider said that in his opinion it was essential in this area where there was no storm sewer, to put in a tem- , poraty hard surface. He asked if this spring the majority of the streets would be finished and the City Engineer said yes. He added that the drainage problem will take some time. The temporary street would be about 14 of the cost of the normal street. After the storm sewer is put in, the permanent street could be put.in and those people be given credit for the cost of the temporary street. Mr. '�ichard Harris said that there has been much discussion on what should be done in this area. There was talk at one time of vacating this street and also vacating the alley. He said that in his mind the most difficult situation right now is the drainage situation and what is going to transpire in the law suit. He said that he had the feeling that Fridley would not be getting the complete syst4n from Spring Lake Park. He said that the ditch is no liveable solution in BUILDING STANDARDS -DESIGN CONTROL MEETING OF MARCH 4, 1971 The meeting was called to order by Chairman Zeglen at 8:00 P.M� MEMBERS PRESENT: Zeglen, Lindblad, Tonco, White MEMBERS ABSENT: Gnerre OTHERS PRESENT: Hank Muhich - Chief Building Inspector MOTION by White to dispense with the reading of the minutes of the February 18, 1971 meeting. Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A RECREATION BUILDING FOR AN APARTMENT COMPLEX LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S IST ADDITION AND PARCEL 8400, SZ OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805 - 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT, 2408 CENTRAL AVENUE, MINNEAPOLIS, MINNESOTA.) Mr. Ken Nordling was present to present the request. Mr. Nordling stated that it would be an all brick building with two levels. The roof of the building will be wood shingle like the mansard roofs on the present building. The flat part of the roof will be pitch and gravel. On the lower level of the building there will be two separate saunas. There will also be a teen area with vending machines, a party room, an equipment room and boiler room. The pool will also be on this level. The ceiling over the pool will be laminated beam ceiling with no joists. There will be a walk out from the pool area. On the upper level there will be a rental office and a children's room. The children's room will have fixed windows and will overlook the pool. The Board asked Mr. Nordling some questions regarding the building structure and Mr. Nordling stated that structural plans were not available at this time. The Board then stated that Mr. Nordling's plans were not complete enough to recommend approval for a building permit but that they could take action on the general concept of the building. The Board also said they would be willing to hold a special meeting if Mr. Nordling could bring in the plans. After further discussion, it was decided that a special meeting would be held on Wednesday, March 10, 1971, at 8:00 P.M. MOTION by White to recommend approval of the general concept of the recreation building. 1 Seconded by Tonco. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A TEMPORARY STORAGE BUILDING TO BE LOCATED ON LOT 5, BLOCK 4, COMMERCE PARK, THE SAME BEING 7300 COMMERCE LANE, FRIDLEY, MINNESOTA (REQUEST BY MINCO PRODUCTS, 7300 COMMERCE LANE, FRIDLEY, MINNESOTA.) Mr. Karl Schurr was present to present the request. r BUILDING STANDARDS -DESIGN CONTROL MEETING OF MARCH 10. 1911 The meeting was called to order by Chairman Zeglen at 8:05 P.M. MEMBERS PRESENT: Zeglen, Lindblad, Tonco, White, Gnerre MEMBERS ABSENT: OTHERS PRESENT: Hank Muhich - Chief Building Inspector 1. CONSIDERATION OF A REQUEST TO CONSTRUCT A RECREATION BUILDING FOR AN APARTMENT COMPLEX LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2, PEARSON'S IST ADDITION AND PARCEL 8400, S% OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805 - 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT, 2408 CENTRAL AVENUE, MINNEAPOLIS, MINNESOTA.) Mr. Frank L. Reese and Mr. Ken Nordling were present to present the request. Mr. Reese presented to the Board two plans. The first plan showed the floor plans for both the lower and upper levels. The other plan showed the wall sections of the building. The building will be textured brick on all four sides. The roof will be machine cut red cedar shingles. They will have a two door locking system with the outside door being controlled by the manager. The building will also have controlled hours. The building will have forced air heating. It will be mostly carpeted throughout the building except in the pool area because of health regulations. The building below grade will be 12" block. The roof construction will be laminated beam construction with 2 x 6 tongue and groove decking. Mr. Tonco asked Mr. Nordling where the refuse from this building would be stored. Mr. Nordling stated that they did not anticipate any problems as they had a dumpster at each building with two at the first building. Mr. Tonco said he felt that a stipulation should be made that if a refuse problem resulted from the building, a screened in refuse area would have to be provided. This was agreed to by Mr. Nordling. MOTION by Tonco to recommend approval of a building permit for the recreation building subject to the following stipulation: 1. If a refuse problem develops as a result of parties held in the party room, a screened in area must be provided. Seconded by Gnerre. Upon a voice vote, all voting aye, the motion carried unanimously. Building Standards -Design Control Meeting of March 10, 1971 Page 2 ADJOURNMENT: The meeting was adjourned by Chairman Zeglen at 8:25 P.M. Respectfully submitted, (JA.U—W - CAROL CHUDEK Secretary If r REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 9 if they would get rid of it in three years time. Mr. Schurr sail either that or move it to the back of the lot. Councilman Harris said that he would not want it moved to another part of the lot. Mr. Schurr said that if they expand in the future, they would have no need for it. Councilman Kelshaw asked why not add to the building now. Mr. Schurr said mainly because of the cost. They would like to use this temporary measure for a few years. The building would be baked on enamel with a green roof, and would be a garage type building. Councilman Kelshaw asked if they were to add onto the building, does the Ordinance allow subleasing? The Mayor said no. MOTION by Councilman Harris to approve the construction,of a temporary metal building for Minco Products, Inc., with the condition that under no circumstances is that building to be on the property after December 31, 1975. Seconded by Councilman Kelshaw. Mr. Schurr submitted a letter of intent to the Council and asked that this be held in lieu of a performance bond. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the letter from Karl Schurr, Minco Products, Inc. dated March 15, 1971 and concur. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of March 4, 1971. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. ,RECEIVING THE MINUTES OF THE BUILDING STANDARDS - DESIGN CONTROL SUBCOMMITTEE MEETING OF MARCH 10, 1971: .. CONSIDERATION OF A REQUEST TO CONSTRUCT A RECREATION BUILDING FOR AN APARTMENT COMPLEX LOCATED ON LOTS 1, 2, 3, 4, 5, AND 6, BLOCK 2; PEARSON'S 1ST ADDITION AND PARCEL 8400, S� OF SECTION 3, T-30, R-24, ANOKA COUNTY, MINNESOTA, THE SAME BEING 7805 — 7895 EAST RIVER ROAD, FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT, 2408 CENTRAL AVENUE, MINNEAPOLIS, MINNESOTA): The City Engineer said that this request is by Five Sands on 79th Avenue and East River Road. They have already built some of theix buildings, and are now pro- posing to build the recreational building. He then showed the Council what the building would look like. at the Council table. He said that it would be a brick building with a hip roof. The Building Board recommended approval subject to, if there is any refuse problem, they are to provide screening. He said that he would like to add the condition that they dedicate some easements for turning movement at Lincoln Street and 79th, and he would like to work with them for an exchange of property on the property to the west. It is a small triangular piece of property on the southeast corner of East River Road and 79th Way. MOTION by Councilman Harris to approve the request for construction of a recreational building by Five Sands subject to the Board's restriction and the City Engineer's suggestions. Seconded by Councilman Breider. REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 10 Councilman Breider said that there have been some problems with the financing of Phase II. He questioned if he anticipated any problems in regard to financing and access with Phase III, IV, and V. Mr. Ken Nordling said that they wanted a second access onto 79th Way for convenience. This problem came up when they tried to get the F.H.A. financing. There are different mortgages for Phase I and II. He said that they did not anticipate any further problems. Mr. Fudali did request a study be made on the east side of 79th. The City Engineer said that this is part of the area given to the Planning Commission for their study and recom- mondations. Mr. Nordling said that if 79th Avenue goes through to University Avenue, it would be to everyone's advantage for them to have access to 79th. THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Building Standards - Design Control Subcommittee Meeting of March 10, 1971. The motion was seconded and upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF MARCH 3, 1971: The City Engineer said that there was only one item that would need Council action. REZONING REQUEST, RICHLAND, INC. BY R.C. ERNST. ZOA #70-07: The City Engineer said that the Planning Commission recommended approval of the rezoning request, so Council action would be to set the public hearing date. MOTION by Councilman Harris to set the public hearing date of April 12, 1971 for the rezoning request by Richland, Inc. Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. MOTION by Councilman Liebl to receive the Minutes of the Planning Commission Meeting of March 3, 1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF MARCH 9, 1971: 1. A REQUEST FOR VARIANCE OF: SECTION 56.05, 3B, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM HEIGHT OF A FREE STANDING SIGN FROM 25 FEET TO 28 FEET 3 INCHES AND SECTION 56.05, 3B, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA IN C -2S ZONING FROM 100 SQUARE FEET TO 112 SQUARE FEET TO ALLOW THE ERECTION OF A FREE STANDING SIGN ON PART OF LOT 5, AUDITOR'S SUBDIVISION #153, ANOKA COUNTY, MINNESOTA, THE SAME BEING 5203 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA. (REQUEST BY TWIN CITY FEDERAL SAVINGS AND LOAN ASSN., 801 MARQUETTE AVENUE, MINNEAPOLIS, MINNESOTA): K A REOUEST FOR A VARIANCE OF SECTION 56.05, 3B, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA OF A SECOND FREE STANDING SIGN FROM � THE AREA OF THE FIRST SIGN WHICH IS 50 SQUARE FEET TO 59 SQUARE FEET TO ALLOW THE ERECTION OF A SECOND FREE STANDING SIGN TO BE LOCATED ON PART OF LOT 5, A.S. #153, ANOKA COUNTY, MINNESOTA, THE SAME BEING 5203 CENTRAL AVENUE N.E., FRIDLEY, MINNESOTA (REQUEST BY TWIN CITY FEDERAL SAVINGS AND IRAN ASSN., 801 MAR_ QUETTE AVENUE, MINNEAPOLIS, MINNESOTA): 14 REGULAR COUNCIL MEETING OF MARCH 6, 1972 PAGE 9 MOTION by Councilman Kelshaw, with the agreement of the seconder, Councilman Mittelstadt, to withdraw his previous motion to concur, and instead to move to table. This is a totally different concept and he would like to have the builder present his plans with some pictures to visualize the project. He added that he would contact Viewcon. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Minutes°of the Building Standards Design Control Meeting of February 24, 1972. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING -THE MINUTES OF THE BOARD OF APPEALS MEETING OF FEBRUARY 29, 1972: The City Engineer reported that Item #1 (Charles Johanson variance request) is still pending before the Board of Appeals. 2. A REQUEST FOR A VARIANCE OF SECTION 45.073,1A, TO REDUCE THE LOT AREA REQUIRED FOR 295 LIVING UNITS IN FIVE SEPARATE BUILDINGS, FROM 737,500 SQUARE FEET (2,500 SQUARE FEET X 295) TO 700,564 SQUARE FEET TO ALLOW THE CONSTRUCTION OF THE STH BUILDING OF THE APARTMENT COMPLEX, TO BE LOCATED ON LOTS 1, 2 3 4 5 AND 6 BLOCK 2 PEARNN'S IST ADDITION AND ON FART OF U.S. LOT #2, THE SAME BEING 7805 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA. (REQUEST BY FIVE SANDS DEVELOPMENT COMPANY, 7845 EAST RIVER ROAD N.E., FRIDLEY, MINNESOTA Councilman Mittelstadt said this is a request to reduce the lot area for 295 units in five separate buildings and called upon Mr. Richard Fudali to explain the reason for the request. Mr. Richard Fudali introduced himself and said that he and Mr. Ken Nordling are co-owners of the Meadowrun Apartments. Mr. Fudali gave a summary of the pro- ceedings to date, by saying that the original owners of the land initially con- ceived this project as a 295 unit complex.Prior to his purchase of the property, he went over all the minutes of the various committees and the Council Minutes concerning this complex to make sure the property was adequate, as represented to him, to accommodate 295 units. The procedure was followed step by step, the property was rezoned'to multiple use, and the project was started. All of the minutes reflect the 295 figure. He said he was unaware of any mistake in com- puting the land area and construction was started. There are two 59 unit buildings constructed and occupied, the third is in the sheet rock stage and the fourth is started. The recreational building is under construction and should be ready in May. Mr. Fudali continued that the mistake in computing the land area was made by Dolan Engineering who made the site plan for the original owners, When drawing up the site plan they apparently took the acreage from the half section map, which included half of the East River Road right of way along the west side of the property. In this case, the area was increased by 37,000 square feet or 5%. The error was -discovered when Five Sands Development was getting the approval. of thy► plat from the City. He said he believes these apartments are Fridley's finest, and all their labor for the°past two years has been with the 295 unit complex as their goal. Their thoughts all along wive that they would be building the same building five times, but now without his variance the fifth would be different. He explained that all their contracts and orders are all signed and ordered for a 295 unit complex, for such things as:295 refrigerators, air con- ditioners, carpeting, etc. REGULAR COUNCIL MEETING OF MARCH 6, 1972 PAGE 10 Mayor Liebl said that this request seems reasonable and that they have lived up to all requirements. The Board of Appeals voted unanimously to approve the request, Councilman Mittelstadt said the question of the berm was brought up at the board of Appeals Meeting by Winston Jacobson and he has asked the same thin$ of hien. Mr. Fudali said that.the Board of Appeals meeting was the first time It Was brought up to him. lie said he is at the project 5 days a week and if ter. Jacobson had a complaint, he wished he would have called. He was sure this CPU14 be ironed out. Councilman Kelshaw said that he remembered the discussions about the berm and it was to be built to hide the cars and garages, not at one end, but for the full length. It was commented at the time that it Was to be a nice job with trees and bushes on top. Mr. Fudali Said he believed he was supposed to plant 50 trees, but he planted about 150, and added that construction is not complete. Councilman KelshaW said that according to the minutes the berm is 11-2' high with trees on top of it, He asked that Mr. Fudali spear with Mr. Jacobson and work it out. Councilman Mit- telstadt said that if the trees were planted and it was only lz' high and W45 supposed to be S' high, the trees would have to come out. Councilman Utter said he would like to suggest using evergreen trees, and commented that he was by there in the winter and it looks like some $ticks sticking out of the snpw, Mr. Fudali said that some evergreen trees were planted, and they had thought of perhaps planting some Russian olives, Councilman Kreider asked how many units this would actually involve, T140 City hngtneer said they were 5% off, so that would be about 15 more units than they should have according to land area. MOTION by Councilman Kelshaw to concur with the Board of Appeals and grant the rqqugst for a variance for Five Sands Development. Seconded by Councilman Mitr tefte►dt, Upon a voice vote, all ayes, Mayor Liebl declared the motion carried vpanilpous ly, . MOTION by Councilman Kelshaw to receive the Minutes of the Board of Appeals N99t4n# of February 29, 1972. Seconded by Councilman Breider. Upon a voice v904 gii gyps, Mayor Liebl declared the motion carried unanimously. MOTIgN by Councilman Kelshaw to receive the Minutes of the Fridley Human Relations GqpMeeting of February 24, 1972. Seconded by Councilman Areider, Upon a � y9tog ypto# all, ayes, Mayor Liebl declared the motion carried unanimously; M+�y9; L$gbi said that he has been asked to address the Committee and as qd that thq ,Admini$tration provide some input in regard to the details of this (oAl4ttee, REGULAR COUNCIL MEETING OF JUNE 18, 1973 PAGE 27 Respectfully submitted, G�- Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council RECEIVING THE MINUTES OF THE 12, 1973; NORTH PARK COMMITTEE MEETING OF JUNE MOTION by Councilman Breider to receive the minutes of the North Park Committee Meeting of June 12, 1973, Seconded by Councilman Starwalt, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. COMMUNICATIONa: RICHARD FUDALI, FIVE SANDS: FENCING ON 79TH WAY: MOTION by Couil�ilman Breider Richard Fudali, dated June 8, to receive the communication from 1973, regarding fencing on 79th Way. Seconded by Councilman Utter. Upon a voice vote, all voting boy aye, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATION FROM FRIDLEY YOUTH FOOTBALL ASSOCIATION: MOTION by Councilmari Breidci- to receive the letter and waive the fees. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ADJOURNMENT: MOTION by Councilman Breider to adjourn the meeting. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the Regular Meeting of the City Fridley Council of June 18, 1973, adjourned at 1:10 a.m. Respectfully submitted, G�- Patricia Ellis Frank G. Liebl, Mayor Secretary to the City Council