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SAV70-05 CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA _r_ PLANNING AND ZONING FORM Rezoning l/usiber�.�&.,,&S" - Special Use Permit --_._Variance APPLICANT'S SIGNATURE ' G'����'!o"2�'r/u?o Y7'�1i�i; Lot Split* Address—Z.-9 Y Approval of Pre- Telephone Number liminary Plat S � L�>,L Cr"lif' Approval of Final 2 �PROPERTY OWNER'S SIGNATURE �C1s��_ Ll/G-'t.L Plat , X Streets or All&&--.. Address_ Z' �. 44 Vacations Telephone Number 4 6. Q._ 7y J Other Street Location of Property ?,C),q 6 0 A, Legal Description of Property I-T—t o AJ Present Zoning Classification - 1 Existing Use of the Property q-Sti Proposed Zoning Classification, Special Use, Variance or other request -L►�C,a`T�0.1r n ��Q1L� V _ ` ! _ FFzfz1 �� SO UTs�v2LY I-5Qr- Describe briefly the Type of Use and the Improvement Proposed Acreage of Property Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? /Uc) When? What Was Requested Fee Enclosed �� M Date FiledD7 7 Date of Hearing PLANNING AND ZONING FORM PACE 2 Number SAV X670-05 The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the prop Yty in question, belongs to the undersi3ned. Residents and Owners of property within 300 feet:' PERSONS ADDRESS �� iii -��' o 110 A sketch of proposed property and structure must be draun on the back of this form or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names 5. Location snd use of adjacent existing buildings (within 300 feet) . The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE SIGNATURE_,_,, (APPLICANT) Approved Denied_ _ By the 3o6zd Df AppeAis Subject .to the Following Conditions: date Approved Denied by the Planninu Commission on Subject to the Following Conditions: date Approved Deniedby the_ Council on Subject to the Following Conditions: date Form PC 100 ���� III i i :.i'V•//� V��i3'✓Z�GV"I✓ .r�/ ..r-.ter�— —� : 4201 NX. STH S1rTr ••r '- C'.OL.tJI•.MA I'a10", 10", : :"S 7GC-'CC3 RE'PONT wAs Pf LPMP kU LY IWU Olt UNDER MY DiRE.CT S,UVENI VICION . .• :Al�£9$Y-S "�' Edi .3 A kULY E?F:.:rR.`^��..: >`�i?L.*0!1 SURVEYOR UKC.% :TMM I:A4YE OF THM STATE OF MINNESOTA. � . DATE 1 �V e'�1 Q SCALE t"= 3Cl E IN?,--! " G �5..> NATIO 3 NO.. 5332 0= IRON MONUMENTMI SAV 470-05: Jaroslaw Abramshuk� Vacate N. 7 ft. of S. 15 ft. of 1, B1. 5, Rice Creek Plaza South s � -� 0 b C>C, C V"rit.-I ,1 [-c,SZM lN'T J > A At / SU-'YY OF Lot Ona, Block Five / Rice CrcfA4 Plaza South Adt'ition Ant,-a County, Minnesota t J a �A B Eioto " 12 10,Ips _/0' vZ �`C/ , 3 s,-$ si•~ > ABRAMSHUK JAROSLATa SAV ��70-05 0 Vacate N. 7 ft. of S. B1. $ 15 ft. of L. 1, 1� r , Rice Creek Plaza South 6C�r� ► ..�� . � t 317 9+s°.:B �., s I � � � `�\ t°" ♦ W a fe s b/vh n. I N Z 3 t _ � G v� A: \ /� V e J j 64.'➢ �Jd34,.v°r,I ss� � �o � °,�R�9 2 .7df_y,-'7B i�5�+,,/��� •a° • / \ 7 Bi7� R�4�030 ✓;,,.to o r7o `�� �, $=r' /�. ,S' t I s%:%3" °° '.' d =7•.° �: .;Je � � �I P v, bo �•, �' ♦� ,7} � G Js. ��• =>'i S• `" N 3 �'s�y'i 4� '�u� b( 7Jr o .t o.+:'D ..�. •... 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SJ5^eYrSW °� s y • . � iI . . o G ti V 50 �ea•t n o � S t �.9B 7tr a" '. ;p s .j v _ „ -4-t:`i_ O �w Baa 2?Se° 7 a> $wY JS4 VIi /J N ? ,o If JJ'ii'w - Vl • 6 :d1 _ .° / / 2 .3 21 °2 Bo.//.31 0 0 0 ,I, �o o 6IU LLI i n 0 I o e'•bA . `° o at 0 1 , I •h�e.� /r z.7 0 1 +_ 45 C4 '- - h � 0 1615 13 1zl,� iN +) g;; Oa ,ti 17 60.. ➢i•� 20 a 61724 Eo°.,o' �/ / 331.. L Public Hearing Notice Before Council: SAV #70-05 - Jaroslaw Abramshuk Mailed /,// 2/7/ Abramshuk Jaroslaw 298 67th Ave. N.E. Fridley Edward Polanski 280 67th Ave. N.E. Fridley Project No. 61 Corp. 110 Times Bldg. Mpls. i NORTHWESTERN BELL TELEPHONE COMPANY IOWA—MINNESOTA—NEBRASKA—NORTH DAKOTA—SOUTH DAKOTA 8125 Lewis Road Minneapolis, Minnesota 55427 December 3, 1970 SAV #70-05, JAROSLAW ABRAMSHUK Vacate N. 7 ft. of S. 15 ft. L. 1, B1. 5, Rice Creek Plaza So. City of Fridley 6431 University Avenue Northeast Fridley, Minnesota 55421 Attention: Mr. Darrel Clark Dear Sir: This is in reply to our telephone conversation on December 1, 1970, regarding the vacation of part of the utility easement at 298-67th Avenue Northeast. There is an existing garage on part of that portion of the easement to be vacated. Because our outside plant is located on the portion to be retained, the Northwestern Bell Telephone Company agrees to vacate the north 7 feet of the 15 foot utility easement on the south portion of Lot 1 Block 5 Rice Creek Plaza South Addition, City of Fridley. Yours truly, DISTRICT ENGINEER N i u CI7V OF FRiDLE N,E,. 6431 UNIVERSITyAVE. ECE1v E DEC 1973 PM AM 10 ll 1212 3 4 5i6 C 111�i� NORTHERN STATES POWER COMPANY 1518 Chestnut Ave. Minneapolis, Minnesota 55403 December 8, 1970 SAV #70--05, Jaroslaw Abramshuk Vacate N.. 7 ft. of S. 15 ft. Mr. Darrel Clark L. 1, Bl. 5, Rice Cr. Plaza South Engineering Dept. City Hall, 6431 University Ave. N.E. Fridley, Minnesota 55421 Dear Mr. Clark: This is to inform you that Northern States Power Co. has no objection to the vacation of the Northerly 8 feet of a 15 foot easement which now exists along the rear of Lot 1, Block 5, Rice Creek Plaza South. Yours truly, W.F. Laidlaw Distribution Superintendent Minneapolis Division By C .. George d. Lewis Senior Right of Way Agent WFL:GCL:sls ,ITT OF FAIDLEY 643, UNIVEIi81TYAVF,-�10" E COMEIvED DEC is'13 PM AM 456 ,718191iI1p11121231i1111 Planning Commission Meeting - December 9, 1970 Page 8 Planning Commission, then the Planning Commission make their recommendation to the Council. Darrel Clark said the request was handed to him and he was told to put it on the agenda. Mr. Harris felt the proper action would be that when the minutes are presented to Council, their action would be only to receive them. If the Ordinance requires the Planning Commission recommendation prior to Council approval, this procedure should be followed. According to the Code, Darrel Clark said, the procedure is. that the preliminary plan comes before the Planning Commission and goes to CoU72U I and Council approves or accepts with variances and then the petitioner must draw up final plans for approval and the request goes back to Planning Commission and Council. Building Standards-Design Control Subcommittee see the preliminary plans first. Mr. Harris said that all the Subcommittee saw was outside elevations of the buildings and where parking lots are going to be. The same drawings were given the Planning Commission this evening. The petitioners went before the Board of Appeals for high rise apart- ments and got approval. When they consulted the bank, they were told it was not feasible or economical and then they came back with the townhouse concept. Council said they liked the idea. MOTION by Minish, seconded by Harris, that the Planning Commission table consideration of a preliminary plan for Townhouse Development by N.C.R. Corporation to be constructed on Lots 3 and 4, Block 2, Hayes River Lots, until the final plan is filed with the Building Inspection Department. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Minish, seconded by Harris, that the Planning Commission recommend to Council that the City Attorney be instructed to review Section 45.14 Townhouse Development and that the proposed amendment for Item 2 under Section 45.141 include a provision for review of the final plans by the Building Standards-Design Control Subcommittee prior to submission to the Planning Commission, and to have four subdivisions as Item 1 has. Upon a voice vote, all voting aye, the motion carried unanimously. Vice Chairman Fitzpatrick said he suspected, because the 4th subdivision had been omitted, and that there seems to be an error in Item 2 C, somet4ing has been deleted by accident. 4. REQUEST FOR VACATION OF A PORTION OF A UTILITY EASEMENT BY JERRY ABRAMSHUX, SAV #70-05: To vacate the Northerly 7 feet of the Southerly 15 feet of Lot 1, Block 5, Rice Creek Plaza South. Mr. Abramshuk was present. It was explained by Darrel Clark that, at the rear of Lot 1, Block 5, Rice Creek Plaza, there is an existing 15 foot utility easement, and adjacent Planning Commission Meeting - December 9, 1970 Page 9 is a ten foot easment off Holiday Shopping Center parcel making a total of 25 feet. The previous owner of Lot 1 built a garage five or six years ago on the rear part of the lot and, without knowing, encroached some 6 feet on the easement. Mr. Abramshuk wants to add to the garage for storage purposes and had heard he did not need a permit. When a building inspector drove by, he noticed the construction and stopped it. When a certificate of survey was brought in, it showed encroachment of the existing garage into 15 feet of the easement. The City contacted Northern States Power and Northwestern Bell Telephone to get their opinion of the petition for vacation of the Northerly 8 feet. Both responded in this that they have no objection, and the City has no objection because we have no utilities in the area. Mr. Abramshuk was very apologetic to the City for not following the proper procedure. The total easement is 25 feet which would still leave 17 feet after vacation. The lot next door has a 15 foot easement also. Mr. Schmedeke noticed that the fence is right on the lot line and that he felt the request should be approved. MOTION by Schmedeke, seconded by Minish, that the Planning Commission recommend approval of the vacation request, SAV #70-05, by Jaroslaw Abram- shuk, of the Northerly 7 feet of the Southerly 15 feet of Lot 1, Block 5, Rice Creek Plaza South. Upon a voice vote, all voting aye, the motion carried unanimously. Darrel Clark added that the Administration has allowed Mr. Abramshuk to continue his construction without a permit because one half of the struc= ture is up and because of winter, it would be a hardship not to finish it. 5. CONSIDER DATE OF SECOND MEETING OF THE PLANNING COMMISSION IN DECEMBER: December 23, 1970. The Commission agreed not to meet on December 23, 1970, but if requests came in that were urgent and could not wait until January 6, 1971, the next regular meeting, the members would be polled. ADJOURNMENT: There being no further business, Vice Chairman Fitzpatrick adjourned the meeting at 11:00 P.M. Respectfully submitted Hazel O'Brian Recording Secretary (Official Publication) CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on February 8,1971 in the Council Chamber at 8:00 p.m.for the purpose of: Vacation (SAV No. 70-05) requested by Jaroslaw Abramshuk described as follows: The Northerly seven feet )7') of the Southerly fifteen feet (I5') of Lot 1, Block 5, Rice Creek Plaza South Addi- tion All located in the Northwest Quarter (NWr/al of Section 14,T-30,R-24,City of Fridley,County of Anoka,Minnesota. Generally located at 298 67th Avenue Northeast. Anyone desiring to be heard with reference to the above matter may he heard at this time. JACK O.KIRKHAM Mayor )Jan.20&27,1971)—TC 5 � W/ OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on February 8, 1971 in the Council Chamber at 8:00 P.M. for the purpose of: Vacation (SAV #70-05)'requested by Jaroslaw Abramshuk described as follows: The Northerly seven feet (7') of the Southerly fifteen feet (15') of Lot 1, Block 5, Rice Creek Plaza South Addition. All located in the Northwest Quarter (NWS) of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 298 67th Avenue Northeast. Anyone desiring to be heard with reference to the above matter may be heard at this time. JACK 0. KIRKHAM MAYOR Publish: January 20, 1971 January 27, 1971 REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 6 MOTION by Councilman Harris to approve the exchange of property with Mr. Nitschke paying the City $250 additional because we are giving more land, and to approve the lot split for Lot 32, Block 5, Lowell Addition to Fridley Park. Seconded by Councilman Liebl.. Upon a voice vote, there being. no nays, Mayor Kirkham declared the motion carried. The City Engineer asked Mr. Nitschke if he has agreed to putting the fence on the south side, and he said that he did. Councilman Sheridan questioned the Special Use Permit in R-1 zoning as he thought a public hearing was required. The City Engineer looked this up and stated that a Special Use Permit in R-1 zoning requires a 4/5 vote of the Council, but a public hearing can be held if the Council wishes. MOTION by Councilman Liebl to concur with the recommendation of the Planning Commission and grant the Special Use Permit with the stipulation that the Building Standards - Design Control approve the building plans prior to submission to the Council. Seconded by Councilman Sheridan. Upon a roll call vote, Kirkham, Harris, Liebl, Sheridan, BrefAer voting aye, the motion carried unanimously. 3. REQUEST FOR VACATION OF A PORTION OF A UTILITY EASEMENT BY JERRY ABRAMSHUK, SAV #70-05, TO VACATE THE NORTHERLY 7 FEET OF THE SOUTHERLY 15 FEET OF LOT 1, BLOCK 5, RICE CREEK PLAZA SOUTH: MOTION by Councilman Harris to set the Public Hearing for the requested vacation of a portion of a utility easement for February 8, 1971. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Liebl to receive the remainder of the Planning Commission Minutes of December 9, 1970. Seconded by Councilman Harris. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. MOTION by Councilman Harris asking the Administration to bring back that part of the ordinance dealing with single family structures. and attached garages so the Council has a clarified position on it, and that the Planning Commission be sent that information along with any discussion or additional information for their comments. Seconded by Councilman Liebl. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF DECEMBER 15, 1970• 1. A REQUEST FOR A VARIANCE OF SECTION 56.05, 4B, SUBPARAGRAPH 1, FRIDLEY CITY CODE, TO INCREASE THE MAXIMUM SIGN AREA FOR A FREE STANDING SIGN IN AN AUTOMOBILE SERVICE AREA FROM 80 SQUARE FEET TO 252 SQUARE FEET TO ALLOW THE EXISTING SIGN TO BE RELOCATED ON PART OF LOT 5 AUDITOR'S SUBDIVISION NO. 153, Tft SAME BEING 5201 CENTRAL AVENUE N.E. , FRIDLEY, MINNESOTA (SPEEDY CAR WASH) . (REQUEST BY STUART J. PHILSTROM, 711 ROUND HILL ROAD, ST. PAUL, MINNESOTA) . The City Engineer explained that this was a variance for a pylon sign on property in Skywood Mall Shopping Center. The sign has to be moved because of the new Twin City Federal Building, and now it falls under the upgraded sign ordinance. There are now signs existing for Spartans, Skywood Mall, REGULAR COUNCIL MEETING OF DECEMBER 21, 1970 PAGE 5 REPORT FROM CITY ATTORNEY REGARDING REGULATION OF SNOWMOBILES: The City Attorney discussed the proposed uniform snowmobile ordinance received from the Hennepin County League of Municipalities. He said there could be a little more control in the ordinance by placing a speed limit, he said they could make it ten to twenty miles per hour if they wanted, and could add more specifications on safety equipment. He said that the advantage of a uniform ordinance would be for someone driving from community to community to have standard regulations. Only six communities have passed this ordinance, but it has only been circulated since November. He said he has not had time to receive comments from the Chief of Police yet, but if he approves, the City Attorney would urge adoption. Mayor Kirkham thought it would be to the Council's advantage to adopt a uniform ordinance, and he thought it could be adopted on first reading, and changes made before the second reading. Council- man Harris thought it would need some changes, not because it was not inclusive, but he thought there were ureas not quite defined, Mr. Holm, the gentlman who had circulated•a petition regarding snowmobiles, as°.ced how you regulate a speed limit. Mayor Kirkham said that it will be their own responsibility, and they will just have to travel slowly. Mr. Holm said he would like to see a speed limit of 10 or 15 MPH. Councilman Liebl said that it would be hard to keep the speed down that low on snowmobiles, he felt 10 MPH would be unrealistic. Councilman Sheridan said he could understand the p�opla's concern about their children 'as snowmobiles have little control as far as stopping. Councilman Harris said that he noted that the slower they go., the quieter they are. It was also pointed out that some communities req ~.re that flags, be flown for safety purposes. MOTION by Councilman Liebl that the propo6ed bs. sei;t back to the Police Department for suggestions -on the ordinai-ca. Secullded ''by Councilman Sheridan. Upon a voice vote, there being no . ays, i4ayor Kirkham declared the motion carried. RECEIVING THE MINUTES OF THE PLANNING COMMISSION -MEETING OF DECEMBER 9, 1970: 1. PUBLIC HEARING, REQUEST FOR REZONING ZOA #70-06, SID BADER: LOT 4, AUDITOR'S SUBDIVISION #108, REZONE FROM R-1 TO R-3 THE SOUTH 3/4RDS. The City Engineer put the map of the area on the projector and explained that this would rezone half of Lot 4. MOTION by Councilman Harris to set the Public Hearing for rezoning request ZOA #70-12 to rezone the south half of Lot 4, Auditor's Subdivision #108, from R-1 to R-3 for February 8, 1971, Seconded by Councilman Breider. Upon a voice vote, there being no nays, Mayor Kirkham declared the motion carried. 2. PUBLIC HEARING, REQUEST FOR SPECIAL USE PERMIT, SP #70-12, ALVIN A. NITSCHKE: The City Engineer said that this Special Use Permit is for a double bungalow and goes along with an exchange of property in the Jay Park area. The City would get 15.4 feet of property and Mr. Nitschke would end up with an 80 foot lot. Mr. Nitschke would also give the City $250 with the exchange. He showed the Council a picture of the type of bungalow planned. The Planning Commission had recommended approval subject to Mr. Nitschke getting approval from the Building Standards - Design Control Subcommittee of the building plans prior to submission to the Council. REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 3 FIRST READING OF AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (SAV #70-05, Jaroslaw Abramshuk The City Engineer said that the hearing for this item was held February 8, 1971 and involves a vacation of a small portion of an easement no longer needed. Mr. Abramshuk has already built his garage over a portion of the easement. There were no objections to the proposed vacation. MOTION by Councilman Liebl to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Liebl, Breider, Kelshaw, and Kirkham voting aye, Mayor Kirkham declared the motion carried. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF THE CITY OF FRIDLEY BY PROVIDING FOR THE ADOPTION OF THE FIRE PREVENTION CODE, EDITION 1970 AS RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION AND ADDING PROVISIONS RELATIVE TO THE SALE, TRANSPORTATION AND USE OF EXPLOSIVES AND AMMUNITIONS: Councilman Breider said that there was a mistake in Section 12.16 (2) on Page 18 in the word "purchases" and asked that this be corrected. Councilman Kelshaw said that according to the Ordinance a person requesting explosives convicted of a felony within the last 10 years must report to the Chief of Police within 8 hours. Should he not report immediately? MOTION by Councilman Kelshaw to amend Section 12.16 (2) on Page 18 to provide for the stipulation that the seller must contact the Chief of Police immediately at the time of the sale when selling to a person convicted of a felony within the last 10 years. Councilman Liebl said that this amendment would make it mandatory that the Chief of Police be contacted immediately, but should there not be a reasonable amount of time given? He wondered if this could be enforced with the term "immediately". Councilman Kelshaw said that if the seller is aware of the fact that a man has been convicted of a felony, failure to turn over the completed forms to the Police Chief would be a violation of the Ordinance. The Acting City Manager pointed out that the seller did not have to do this if the buyer had not been convicted of a felony. This question would be on the purchase form. Councilman Liebl thought that even if a person had been convicted of a felony, he would not admit it. This Ordinance should be enforceable from a practical standpoint. He wondered if there should not be spelled out a certain length of time. The Acting City Attorney, James Gibbs, agreed that if a person was a felon, he would not go to a hardware store and admit it. If the person is a known felon, then the Chief of Police should be notified immediately. Mayor Kirkham suggested that the Ordinance be passed on first reading as it stands, and returned to the Chief of the Fire Prevention Bureau and the Chief of Police for further study and returned with the language changed. THE AMENDMENT was dropped by Councilman Kelshaw. REGULAR COUNCIL MEETING OF MARCH 1, 1971 PAGE 4 MOTION by Councilman Liebl to table this and ask the City Attorney to draw ug a more adequate proposal. He said that Section 12.16 (2) was too flimsy and he had some objections to items contained on Page 17 and would like to discuss this more. He felt that he was not in a position to pass on this Ordinance at this time. Councilman Harris arrived at the Meeting at 8:20 P.M. MOTION WITHDRAWN by Councilman Liebl. MOTION by Councilman Kelshaw to approve the Ordinance on first reading and waive the reading. Seconded by Councilman Breider. Upon a roll call vote, Breider, Kelshaw, Kirkham and Liebl voting aye, Harris abstaining as he had just arrived, Mayor Kirkham declared the motion carried. CONSIDERATION OF MEMO REGARDING OPERATION OF CANTERBURY INNS: MOTION by Councilman Liebl to receive the memorandum from the Chief of Police dated February 10, 1971 in regard to the operation of the Inne. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. Mr. George S. Wojciak, Canterbury Inne, said that he was afraid that this was all a mistake and he was not interested in doing anything of the nature outlined in the memo. He said that at this time he would also like to bring up another problem. He said that he has made application for his licenses, but it was too late to be on the Agenda. He had the receipts and completed forms with him. Mayor Kirkham said that Canterbury Inne would be added to the licenses when this item comes up on the Agenda. Councilman Liebl asked if he was the present owner of Canterbury. Mr. Wojciak said yes, 31 owner since September. Councilman Liebl said that application for his licenses should have been made before this, and Mr. Wojciak said yes, he realized this now, but was unaware of it before. RESOLUTION NO 22-1971 - A RESOLUTION REQUESTING THE ANOKA COUNTY COMMISSIONERS TO REDUCE THE IMPACT OF THROUGH TRAFFIC ON EAST RIVER ROAD IN FRIDLEY: Councilman Liebl said that he would like to ask the Mayor to read the resolution aloud, which the Mayor did. MOTION by Councilman Harris to adopt Resolution #22-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. RESOLUTION #23-1971 - A RESOLUTION REQUESTING ANOKA COUNTY TO PROCEED WITH THE IMPROVEMENT OF EAST RIVER ROAD BETWEEN INTERSTATE #694 AND RICE CREEK IN THE CITY OF FRIDLEY: Councilman Liebl asked permission of the Mayor to read the Resolution aloud for the benefit of the audience interested in this item. He then read the Resolution, and explained that this Resolution was approved unanimously by the Council at their last executive session. MOTION by Councilman Liebl to adopt Resolution #23-1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried unanimously. i REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 4 Councilman Breider asked what are the storm sewer plans in regard to an open ditch vs. a closed system. The City Engineer said that it would depend on how the property to the west develops. There would be no point in piping the water in the park. To the south there would have to be a piped system. There is a ditch coming from Blaine called County Ditch #17, along with some other ditches in this entire area. This particular piece of property is fairly high, and will not cause any drainage problems. Mr. Smith said that his client has an option that expires May 1st, and asked that this request be expedited. The City .Attorney asked if they plan to buy the west Ji of the property. Mr. Smith said no, Mr. Barbush still owns the westerly 12. The City Engineer said that he wanted to point out that there are some problems with access, and the road layout, and he will work with them and the Planning Commission on this. The applicant seems to feel a service road is needed. Mr. Eldon Schmedeke (Planning Commission) said that he was not here to question Mr. Smith or Viking Chevrolet, this is probably an ideal business for the area. He said that he is not fond of the spot picked as a site. He wondered if people have been informed that they will be assessed for storm sewer. Mayor Kirkham pointed out that eventually everyone in the City will be assessed for storm sewer as it goes in. Mr. Schmedeke said that he felt that the people should be notified before something like this is done. The City must be prepared to serve them with a sanitary sewer system. He said that they have stated that if the City cannot put in a system on time, they will put in their own. He felt that a cesspool would create a pollution problem. The people in this area would like to know if they are going to be assessed. He thought that there were still many loose ends. He questioned whether there would be a loopback through the property where the service organization is hoping to go directly to the north. MOTION by Councilman Liebl to close the public hearing on the rezoning request by Viking Chevrolet. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 8:30 P.M. ORDINANCE #474 - AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE: (SAV #70-05, Jeroslaw Abramshuk) MOTION by Councilman Liebl to adopt Ordinance #474 on second reading, waive the reading and order publication. Seconded by Councilman Harris. Upon a roll call vote, Liebl, Harris, Breider, Kelshaw, and Kirkham voting aye, Mayor Kirkham declared the motion carried unanimously. ORDINANCE #475 AN ORDINANCE AMENDING CHAPTER 32 OF THE CODE OF THE CITY OF FRIDLEY BY PROVIDING FOR THE ADOPTION OF THE FIRE PREVENTION CODE, EDITION 1970 AS RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION AND ADDING PROVISIONS RELATIVE TO THE SALE, TRANSPORTATION AND USE OF EXPLOSIVES AND AMMUNITIONS: MOTION by Councilman Harris to adopt Ordinance #475 as amended by the City Attorney on second reading, waive the reading and order publication. Seconded by Councilman Kelshaw. The City Attorney pointed Gut t,1l4t there is an exemption prQvj4gd for the loading of shells. This exemption applies to the buyer, not the seller. I REGULAR COUNCIL MEETING OF MARCH 15, 1971 PAGE 3 Councilman Liebl asked Mr. Smith how many acres they have. Mr. Smith said 23 acres. Councilman Liebl then asked how much Viking Chevrolet plans to invest in the building. Mr. Brady said for just the building, approximately 12 million. Councilman Liebl asked if they would be franchised and Mr. Brady said that they would move their franchise from St. Paul. Councilman Liebl asked how many employees they anticipate. Mr. Brady said 53 employees, they plan to enlarge their facilities over that presently in St. Paul. Councilman Liebl said that there is a lot of land open, why did they pick this particular site? Mr. Brady said that it is situated well on the highway, and there is a proposed shopping center to go in just kitty corner from there in Blaine. Generally speaking, General Motors likes sites that have a close proximity to a shopping center. Councilman Liebl asked what was their dollar volume. Mr. Brady said 3� million last year. Mayor Kirkham asked where the used car lot would be and Mr. Brady answered that it would be on the north side. Councilman Breider asked Mr. Boemer what the building would be constructed of. Mr. Boemer said that the show room front would be glazed, and the front portion of the service area will be masonry. The two side walls and the rear wall will be curtain wall. Councilman Harris asked what were the plans for the .areas north and south of the structure. Mr. Brady said that they intend to leave it as it is as this would enhance the exposure to the site. Mr. Smith added that this is one of the reasons this site was picked. It was pointed out that the "Welcome to Fridley" sign would be right where the building would be and Councilman Harris asked if there would be any objection to moving it to the north or south. There was no objection expressed. Councilman Liebl asked if this would be in School District #16 or #11. Mr. Smith said that it was in District #16. Councilman Liebl said in regard 'to utilities, he understood that they could get water. The City Engineer said that there was a water line running on the south side of the property. There is no drainage or sanitary sewer system built. If the Council approves this request, there will have to be a sanitary sewer line run and they will have to be provided with road access. Councilman Liebl questioned where the storm sewer would go to serve this area. The City Engineer said that this would depend on the development, but this facility would not create any new problems. He said as to the sanitary sewer, they could connect onto the line running along the railroad tracks. Councilman Liebl asked if Viking Chevrolet were willing to pick up their assessments and Mr. Smith said yes. He suggested that instead of running the sanitary sewer in 83rd Avenue, dropping it down, so the City would not have the assessments for the park land. They would not need it anyhow. Then it would also serve the owners just south of 83rd Avenue. They are willing to join in a petition for these facilities. Councilman Liebl asked if the plans for water and sewer were feasible from an engineering standpoint. The City Engineer said yes, in the latter part of the Agenda is a resolution authorizing a complete study for this particular area. This study will show what is the most economical and best suited locations for sanitary sewer for this area. Councilman Liebl said that if the Council rezones this property, they will have to be served with services. The City Engineer pointed out that whether it is rezoned or not, when this property develops, tr ere must be services provided. r SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 8 sure that the people are not hurt. He said that he would take another look at the area. Mr. Bigelow pointed out that the petition has been approved by about 90% of the property owners. Councilman Breider asked if Lot 32 was one solid lot. The City Engineer said yes, and the Six is R-3 and the A is residential. There is a proposal to split -it east and west, then it would be served by the north - south road on the east side of Lot 32. Lot 4 has enough area ,to make four lots, except that there is already a house on Onondaga. If the property owners want to get together and develop the area, it could be done. Councilman Breider asked how Lots 7, 8, 9, and 10 could be served. The City Engineer said that they could be split north and south, then served by the mid-block cul-de-sac if the people wish. Cbunciiman Breider said that he believed Mr. Bader mentioned building a hose on the north end of Lot 4. He asked if he would be petitioning to put the street in. Mr. Bader said that if the street went in, fine. MOTION by Councilman Breider to close the Public Hearing on the rezoning request ZOA #70-06 by Sid Bader. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 9:10 P.M. PUBLIC HEARINGS.: VACATION SAV #70-O_5,_BYJAROS •AL-WRFAMSHi A PARTIAL VACATION OF THE UTILITY EASEMENT ON LOT 1, BLOCK 5, RICE CREEK PLAZA SOUTH: The City Engineer said that on Page 18 of the Council Agenda is a Certificate of Survey showing the lot. The garage is already built and now the gentleman is requesting vacation of 7' of the easement. There are letters from Northwestern Bell Telephone Company and Northern States Power Company indicating that they do not object to the vacation. The City has no need for this easement, and the Planning Commission recommended approval of the request. MOTION by Councilman Liebl to receive the communication from Northern States Power Company dated December 8, 1970 and from Northwestern Bell Telephone 4 Company dated December 8, 1970. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried. 1. The City Engineer commented that Mr. Abramshuk was very appologetic to the City for not following the proper procedure. MOTION by Councilman Liebl to close the Public Hearing on the .vacation request SAV #70-05 by Jaroslaw Abramshuk. Seconded-by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor Kirkham declared the motion carried and the hearing closed at 9:12 P.M. INFORMAL PUBLIC HEARING REGARDING REVISED SAFETY -AND ROAD IMPROVEMENTS OF EAST RIVER ROAD AND OTHER ROADS IN THE AREA: (STREET IMPROVEMENT PROJECT ST. 1971-3) Mayor Kirkham said that this road has been the concern of the City Council, law enforcement agencies, and the County Board for many years. They have been trying to come up with a solution to the safety hazards. He asked the City Engineer to give a summary of what has occurred over the years. SPECIAL PUBLIC HEARING MEETING OF FEBRUARY 8, 1971 PAGE 7 Councilman Liebl asked what. was .the price range of the hoaxes in that area. Mr. Marxen said about $24,000. Councilman Liebl asked what type of home was on the west side. Mr. Marxen said there was one home on Lot 4- He added that if he was the owner of Lot 4 and was able to put a building on it, he would walk away from it. The City Engineer said that the area to the west has been worked out with the Council and there are to be some residential lots on Onondaga. The proposal is to extend the north - south road on the east side of Lot 32 down to the middle of the block. Mr. Bader has gone to the abutting property owners and gotten their comments. If Mr. Marxen wants to develop his property, he would suggest a meeting with the property owners. Mr. Sid Bader came forward and presented his plans at the Council table. He said that the driveway is proposed on the west side of the building. He said that this was recommended by the Planning Commission. There is to be a berm and landscaping on the other side. There is also a street easement to be given at the north end of where the R-3 will be. He said that he owns 1441 73rd Avenue which is an apartment complex and it has rented very well. He would now like to get the south � of Lot 4 rezoned. Councilman Liebl said that Mr. Bader is trying to build a 24 unit complex and questioned if he met all the area requirements. The City Engineer explained that he is not asking for a building permit at this time and before he does, he will have to meet the requirements. Mr. Bader said that if he builds 23 units, he will have 23 garages. Councilman Liebl asked what was the investment per unit. Mr. Bader said approximately $16,000 per unit. ' Mr. Drumm, 1641 73rd Avenue N.E. , said that he has the adjacent property to the east. He said he would like to know when something like this goes into an area, what affect does it have on the resale of his home. He said that in his work he is subject to transfer, and added that his home is for sale now for $21,900. The City Assessor said that it was not very likely to affect the sale of his property in this price range. When homes get into the $30,000 and up price range there may be some ill affect on selling the home. Councilman Kelshaw asked how much the units would rent for. Mr. Bader said that a two bedroom would be $200 - $210 with garage. Mrs. Drumm asked how many children are estimated for the building. Mr. Bader said that he did not know, but that he did not have any more than six children in the eight unit apartment building near there. Mr. Bob Bigelow, 6322 Bass Lake Road, Minneapolis, said that as far as the value goes in this area, by nature it will have to increase. There is a little shack on, the lot now and he did not see how building a nice apartment complex could do anything but enhance the area. Mr. Drumm said that having 24 families next door rather than one sometimes makes people want to sell their home. Councilman Liebl said that there are quite often problems in having R-1 and R-3 in the same area. Lakeside Road would make a natural boundary for the multiple units, and could form a ,.buffer. He said that he did recognize the fact that the apartment complex on 73rd Avenue is very nice and of high quality, but he would want to make V ORDINANCE NO. 474 AN ORDINANCE UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS AND ALLEYS AND TO AMEND APPENDIX C OF THE CITY CODE The Council of the City of Fridley do ordain as follows: SECTION 1. For the vacation of an easement described as follows: The Northerly seven feet (7') of the Southerly fifteen feet (15') of Lot 1, Block 5, Rice Creek Plaza South Addition, All lying in the Northwest Quarter (NW-4) of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Be and is hereby vacated. SECTION 2. The said Vacation has been made in conformance with Minnesota Statutes and pursuant to Section C 12.07 of the City Charter and Appendix C of the City Code shall be so amended. PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 15TH t DAY OF MARCH , 1971. i, i MAYOR - Jack 0. Kirkham ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: February R, 1971 First Reading:_lMar h____j,_,g71__ Second Reading: Mart, --15-,. 1973 _ Publish. . . . . . . March 24, 1971.