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SP72-19
• CITY OI+ FRIOLEY, SUBJECT 0 6431 UNIVERSITY AVE. NE. SPECIAL USE PERMIT FRIOLGY, MN. 5543e (692)571-34:x0 SP # ADDRESS_ DATE PLANNING COMMISSION: P.H. DATE_ APPROVED DISAPPROVED 3 DATE / h 5 N0 CITY COUNCIL: P.H. REQ'D DATE NO CITY COUNCIL: APPROVED ,X DISAPPROVED DATE NO �I yl STIPULATIONS: NAME FEE RECEIPT NO STREET LOCATION OF PROPERTY LEGAL DESCRIPTION OF PROPERTY PRESENT ZONING CLASSIFICATION EXISTING USE OF PROPERTY ACREAGE OF PROPERTY DESCRIBE BRIEFLY THE PROPOSED TYPE OF USE AND IMPROVEMENT Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part of it? !_des no. What was requested and when? The undersigned understands that: (a) A list of all residents and owners of property 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 proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street names. 5. Location and 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 ADDRESS TELEPHONE NO r 4 ' �/ ► /mac Y�'t�`�L.�� "/ MEMO FROM: MEMO TO: (Memo No. , letters Report 1 represent name initials) r ,9 Before NASIM M. QURESHI `�,j e����nnnIII nu$III City Engineer - Dir. MEMO N0. _� - 37 �/ • Planning Comm. Dev. / • DATE•• `��% y /v-7 �l��tn � unrrrrurr� SUBJECT: If t�c�.��t'� C'' ./. ('L` C.- t_• -'i �1�`�� lLc�.,.:.�,�.i, Gw...-., REMARKS [� See attached n&4-.P� 6-21-73 wAttached is the agreement signed by Frank N 0 Review 6 take appro- is-to priate action have completed by July lst. Has he been a, working on them, and will he meet the terms ❑ Review & comment of the agreement? ❑ Note b discuss with me a -� ❑ Work with 3 ❑ Rush, immediate action desired SIGNATURE Make reports, w/background CCHMENTS material as complete as poss- ble. Make interim.report if necessary. Send originalj'`''t u� _ C4 memo back only if action is a fully completed, i/ _4� yi A 7 z ❑ Action completed, no G further review needed v4 Further action necessary ❑ See attached letter Q Interim report y 8-28- 73 SEE ATTACHED DATE'S a SIGc;kTURE 10-9-73 DC 377 Page 2 The fence is all up and everything is inside the fence except one pick-up box which Frank said had been sold, but the man had not picked up as yet. Howard is working on a report to go to Council on Oct. 15th. DC/jm D ]S A SPECIAL USE PERMIT AGREEMTNT WHEREAS: - Frank Gabrelcik owns and opperates a used car lot on Lots 6 through 10, Block 28, HY de Park Addition. WHEREAS: The Fridley City Council has been requested to grant a special r-- use -use permit and license to Mr. Gabrelcik to continue the business of a used car lot. WHEREAS: There have been several conflicts over the manner in which Mr. Gabrelcik has conducted his used car lot. WHEREAS: The City has found it difficult to administer the operation and licensing of said used car lot. WHEREAS: The City deems it necessary to outline certain stipulations with reference to the City granting a special use permit and license. NOW THEREFORE, Frank Gabrelcik agrees to the following stipulations and time schedule for further improvement of the used car lot on Lots 6 through 10, Block 28, Hyde Park Addition: 1. The entire area to be cleaned of debris, inoperative motor vehicles, and/or unused motor vehicle parts, except that put inside a six (6) foot redwood fence encloser to be located as shown on the attached exhibit "A!'. 2. All vehicles on display for sale or storage must be parked according to the parking plan as shown on exhibit "A". 3. No parking of vehicles on any public street right of way, namely 3rd Street and 58th Avenue. - 4. All of the above three items will be completed on or before July 1, 1973, and will remain in effect as long as these lots are used as a used car lot. S. or fore ly 1, 1, 74, o er agr s to o ade th par k� .g art , DELETED p tins e type f sur e tre tment o entir area be ed f-- BY pa •ng an rivc:,w - and �cscspi.. as urove by t COUNCIL City Fridl y. 4/16/73 6. or , efore my 1975, the en 're p king t wi, aisl and d • eway o be ache ped an concr e cu_' in; t be c istruc, d aro all ackto ed a a. 7. Agrees that no lots outside Lots 6 through 10, Block 28, Hyde Park Addition will be used for the storage of vehicles or materials for the operation of the used car lot. 8. Agrees that after Julv 1, 1973, that the only visable items on the lot will be operative motor vehicles, the six (6) foot screened area, the gasoline pumps, and the rain structure. - 1 - 15 SPECIAL USE PER;IIT AGREEMENT Failure.by the owner to comply with all orart of out in this special use e P the stipulations spelled reemntshall SIS set by Section- 205.211 of the gCityeof, FridleybZoniilty of a misdemeanor As of the Q g ordinance. _ day of _ ,./f2�ZX 1973. rank M. Gabrelcik � Wit ess STATE OF MINNESOTA _ COUNTY OF ANOKp On this Zj day. of 1 • 973, before me, a Notary Public within and for said County, personally appeared �7.� � -��;� to me known to be the person described in, and who executed 'the foregoing instrument and ackni ovledged that they executed the same as their free act and deed. XAAA WA/NV�M�✓V,,~JWAAAMfAAWIA W J �- WALTER J. MULCAHY :. NOTARY PUBLIC- MINNESOTA Washincton County - Comm. Expires Dec. 14, 1978 1aWWWyWYJNJVJ,^,,VV.�WY,1vVVNLi/s . i } Att: Exhibit "All - 4 2 _ t CITY OF FRIDLEY TYPE Of REQUEST MINNESOTA Re;oning pIlANNING AND ZONING FORM /\. Special qse Peql$$ . Vsrience S $IGNA Approval 4 ` $Fe+ #07r,-e- Z3 -3 ql , n , liminary Plat A��rA�ss - X.w, • ���w1, A40 y- Approval of rtA41 Telephone Number Plat Streets or , �^-,�'�-9>.�. PILO TY OWNER'S SIGNATURE 271' `�� �V*cations Address 7 © � i `l ,�n Other c Tolephogq Number ED 3 o $tfovt l,ocstion of Property - ,lAg4l description of Property ^ `%� �� -- / � cQc 0-t 4t a - gi A /�4 C�k /OL/k tV --7xF � m+�•r ae p i o ip� Present Zoning.Classification _L- - Ax.dtctiGG� /J F,xioting Use of the Property, Proposed Zoning Classification, Special Use, Variance or other regoest pgscylbe briefly the Type of Use and the Improvement Proposed x �,,A,areop of Propertya ' ��.,, H*q the Present Appli�c'aan'tPreviously Sought to Rezone, Plat, Obtain a lot Splitp Obtain a Variance or Special Use Permit on the Subject Site or Part of It?� When? What was Requested Fee Enclosed $ � Date Filed 2LX-"—, Lt�� f �� ,� Date of Hearing F1,ANNWr, 401) ZONING FORM PACE a NObar S �/9 The VO4ersigned understands that: (a) A list of all residents snd owners of Piro- perty within 300 feet muse be attached %o this application. (b) This application most be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect to the pros ceedings resulting from the failure to � R the names and addresses of #11 resident and property owners of property v4th4n Igo feet of the property in question, belop4a ' to the undersiZned. A**Jdegti and Owners of Oroperty within 300 feet:- PERSONS ADDRESS _ � . 4Q ch of proposed property and structure must be drawn on the back of this datp or attachgd, showing the following: 1. North Direction 2. Locatioa of Proposed Structure oo lot, 3. Dimensions of property, proposed structure. and front end side fet"b4910* 4. Street Names 5. location and use of adjacent extsttnj buildings (within 300 feet) . The maderstgned hereby declares that all the facts and representations stated 4;k WS application are true and correct. (APPLICANT) Apprsovlt _Denied By the 3oasd of •ppekls iuD)*et .to the Following Conditions: ApprovFd Denied by the Planning Commission on Pubjogt tQ the $allowing Conditions: An Denied by the Council on 440ject to the Fgllowing Conditions: date liars, PC 100 r I P F4 r �(:nntr.r.t G,, Lead hOrlll NO. 55:F1 Miller-Davis Co..Minnr•ar,nlin,Minn. - Individual to Joint Tenants Minnesota Uniform Conveyancing lilanks(1911) Xb'!5 Zgreement, ✓blade and entered into this.-_.---...-- ...........-6th -- day of ___ . Thy.- __---._.------------------------------------- 19 19_....7 -, by and between .._...Carl-_E.-,Sorensen and Catherine .. ..-- M. Soreasea, husband and wife part....ie.0-of the first part, and-----Punk--'�+[. �abrelc k--aud__MaryGabrelcikhusband and_ wife__ -------------------------- ---------------------------------------------•------------------------------------------------------------------- parties of the second part; Witm;Otb, That the said part----ies_ of the first part, in consideration of the covenants and agreements of said parties of the second part,hereinafter contained, hereby sell.._..and agree.--..to convey unto said parties of the second part,as joint tenants and not as tenants in common, their assigns, the survivor of said parties,and the heirs and assigns of the survivor, by a------.-------Warranty---_---_------------DOed accompanied by an abstract evidencing good title in part-----lea---of the first part at the, date hereof, or by an owner's duplicate certificate of title, upon the prompt and full performance by said parties'of the second part, of their part of this agreement, the tract...$_.. of land, lying and being in the County of "QlrA------------------------------------------and State of.Minnesota, described as follows, to-wit: Lots Twelve (12) and Thirteen (13), Block Two (2), City View according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Anoka County, Minnesota, together with vacated streetsand subject to easements. AND Lots Six (6) and the South one half of Lot Seven (7), Block Twenty-eight (28), Hyde Park, accordln& to toe map or slat thereof on file and of record in the office Of the Register of Deeds in and for Anoka County, Minnesota, together with vacated streets and subject to easements. Said Lots or Parcels are subject to previous takings or conveyances to the State of Minnesota for highway purposes. I .Ind said parties of the second part, in consideration of the premises, hereby agree to pay said part.. ies of the first part,at _ their..direction------------- -------- as and for the purchase 1pr ice of sad premises, the sum,of---T�relve__thousand and noll00ths --- ------------------( ,00 .00)- ------ .$.- 2 ---- ----- - Dollars, in manner and at times following, to-wit: $300.00 Cash, receipt of which is hereby acknowledged. , $11,700.00 Shall be paid in monthly installments of $ 100.00 or more per month, with interest thereon at the rate of 6% per annum. Said tronthly installments shall commence on the lot day of June, 1970 and continua on the 1st day of each suceeding month until the balance of principal plus interest are paid in full. The monthly payment shall be first applied to the interest and the balance to the reduction of principal. c Said parties of the second part further covenant and agree as follows:to a.Y, before penalty attaches thereto, all taxes due and payable in the year 19--.-7-land in subsequent years,and all special assessments heretofore or hereafter levied, ..-_._ . ........ - -,------.....................................I-------------- ...... __... - .... ....... ................ ....... . ... - ...... .... ....... -- .... ....... ....- . also that any buildings and improvements now on said land, or which shall hereafter he erected, placeds,or made; thereon, shall riot,Ex! removed therefrom, but shall he and remain the property of the part.ieA.- of the first part until this contract,shail,be fully performed by the parties of the second part;and at their own expense-, to keep the buildings on said pron:iw's at all tinies insured ill some reliai,ie insurance company or companies,to be appruved by the par(,-:- e.S_of the first part.,against loss by fire for at.h-ast the ruin of _Insurable__value I and against loss by windstorm for at least the sum of --..... ......... ! ----Insur..able..value..... __._. ------ - ...... _ ._ Dila,., their pavable to said part ies---_of the first part, ._. heirs of assigns,and, in case of lobs,should there be ally surplus over and above the amount then owing said part,__1eS_of the first, part,_.---their. _- _ _ .heirs, or u igres, the baherice shall be paid over to the said parties of the second part as their int rust ,hall appear, .and to deposit with the part 'C13 -of the first part policies of said insurance. But should the seeunu parties fail to pay any item to be paid by said parties under the t,+renis hereof, same inati- be paid by first port- iesand shalt bu! forthwith payable, with interest thereon; as an additional amount due fin:t part ie9 under this contract. I But should default be made in the payment of priocipal or interest du,• hereinieicr,or of a.ity pert Iiwv-ool, io be by second purtiv. paid,or should they fail to pry the taxer or a:,vssmenis upon said laud,premiums upon said in:,urance,or tD perform any or either of the covenants,agreements, terms or couditis,aS hertiu contained,to be b} ,:aid second parties kept or perfornied, the stxi,l i,:ut iea of ihr• first part,lira at their y, _ ._ o,rt.0 r , bt•written notice declare this r ontrac! eat:eell,•d and Ioraeivat"it,and all r,ghts,till,.and interest aeyuired thercund,!r br said se•cowi l;,uitvr,:;liall ibcri iiniai eeia:r•,end t,nuiliale, aitd all iu:procr•tu,nl�: ne vIt.upon the prevnr:e:+, and all l,ayme nis made• 1wreumit r snail kion• to,ad (.ut f tpall a�IieluieL • ! ,tunt g . Ir•r hreur'h 01, this ennlr:u•; ! .•rt,n,l :u :ii.l r:_ ;L :. ..:r!.,',• 141 of pycIII-nt of at ruin or sums of money Io be paid Iwreundvr.uor:tna w:uver ht•t he pard•e> __ of I he fiat part of-their__ i rights to declare this contract forfeited by reason of any breach thereof,shall in any nuomer affectthe right of said part_ieS-lo caned t his contract lweaure of maturing,and no ext(+rasion of time shall be valid unless evidenced by duly signed instrument. Further, after service of notioc and failure to remove, within the period allowed by law, the default therein Specified,said parties of the second Bart hereby specifically agn •,upon demand of said part40Sof the first part,quietly and peaceably to surrender to the.,+ pose s.ion of said premises, and every part thereof, it heing understood that until such default, said parties of the second part are to have possession of said premises. I I I I f i It 31E $fiutua[Cp fgreea, By and between the parties hereto, that the time of payment shall be an essential part of this contract; and that all the covenants and agreements herein contained shall extend, run with the land, and bind the heirs, executors, administrators and assigns of the respective parties hereto. N Teotimonp Wbertd, The parties hereto have hereunto set their hand-s the day and year first above written. In Presence of 'e t / ,' r�/ Carl E. Sorensen -__ti__.____ ----- , .............. .. Catherine M. Sorensen ------------------------------- -_.. - -- ------ - - - - --- - ---------j(--------- -------- A - ---Ank M. Gabreldik - ------ -- -------------- - .................................................... --- -------Mary Gabrelcik / ' btate Of Alinneotat ss. County of- Anoka---------------------------------------- On ----- --On this----------------6th-----------------------day of------- -----------------May------------ --------------- -----, 19-----Za--, before me, I. a--------------------Notsry..Public----------- --------------------------------.within and for said County, personally appeared ----------------------- Carl. E,_So---------sen-_ad-_ a_tha.>Gine__M,__E.orena_en_,--husband_and_wifa;__and__________ ni ----Frank._M -_Gabrelcik.-end wry_ Gabrelc .k-,__husbe-ud---aad..Tv3f-a--------------------------------------------------------------- ...................... to me known to be the persons.described in,and who executed the foregoing instrument,and acknowl- edged cknowl edged that-----------------t_he.-y................executed the same as....their-----------------------------free act and deed. 1 -------------- ------------ -- -- --- ----- ------------------- --- --- --- This instrument was drafted by i Notary Public............. --- -----------------------------------CountyMinn. PALL, E`7LD, & Ii;4SMIZ wrr� 6441 UniversityAvenue NE � 'Pirb_ �H SMft My commission expires______--WC u_c,elk__ 19__._.___.-._ Fridley, Minnesota 55421 ° ��on fxa„;�ounly, Mfnr,, i 0ec.Ia,19�, 1 A � •N V d s3 F ° ° 4 -6.4 zt x N N z O �" Fr y., ti d 0 ''�� •pn QJ p°j a - c Z O � n j ',) a i V v b , v } O ti b 'ZS betvee rT Sobrenstenrr,, serine.M o arMa% rd.Wi-fe . ............................ Anoka Minnesota es of the County c Stak o�_,,_,.c, a parl....... of the, first part, P k K.G6'6'i�6Tc'1k a TAa ry G k' and......ran ... n.......... . .... .................................................. ...... ................................................................................................................. .........11,...............I..................................................I...........................................................I of the County of .................... ........and State of......Minnesota Minnesota ........................ ..........................................................................I parties of the second part, MitntOetb, That the said part....!2.5 of the first part, in consideration of the sum of............................ . ................One...Aollar...and...Qtbgr...valuable consideration-------------------- ......DOLL.4RS, .................................................... ......... ...............them.......in hand paid by the'said'parties'o'f'*the"second*'part,"the*'receipt"whereof"i*s'*hereby acknowl- edged, do............ hereby Grant, Bargain, Sell, and Convey unto the said parties of the second part as joint tenants and not as tenants in common, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, Forever, all the tract...... or parcel...... of land lying and being in the County of .....................MOka................................. and State of Minnesota, described as follows, to-wit, Lots nine (9) and ten (10) , Block twenty-eight (28) , including one-half of vacated alley, Hyde Park, according to the map or plat thereof on file and of record in the office of the Register of Deeds, Anoka County, Minnesota. COTAT- C.--7 g babe To o J' Ogether with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said parties of the second part, their assigns, the sur- vivor of said parties, and the heirs and assigns of the survivor, forever, the said parties of the second part taking as joint tenants and not as tenants in common. .4nd the said....................................................................................................................................................................................................... .......... ...................................................................................................................................................................................I.......................................I....................... part le.5... of the first part, for...........thOT.................................................heirs, eX6CZ4tt07-s and administrators do......... covenant with the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, that....Opy..a.re........welt seized in fee, of the lands and premises aforesaid and ha.V9.... good right to sell and convey the same in manner and form afore-said, and that the same are free from all incumbrances, .4nd the above bargained and granted lands and premis-es, in the quiet and peaceable possession of the said parties of the second part, their assigns, the survivor of said parties, and the heirs a71d assigns of the SWTIVOr, against all persons law itZly claiming or to clainb the whote or any part thereof, subject to incumbrances, if any, hereinbefore mentioned, the said part A-es. of the first part will Warrant and Defend. N TeiWmonp Mbere0f, The said partJ ps of the first part hiVP..-... hereunto set their hand.5.. the day and year first above written. In Presence .... ......... ........................ Carl E. (or�nse ri, .......................................I........- ... ....... .... ..........i........... . ............. ......... .. ... �athe' rine Sorensen .. .......... .............. ................................................... ............ HALL SMITH, K'w ,IA u 1050 Buil('crs CAnte of ;f-Ainne5otat County of........Anoka .......................................................11 11th May 70 On ...vdulfi�........................................--day of—.... ...... ........119............. before me, a �f Ra�y .................m......5...................... 7.1 nd S07' qT!d County, personally appeared 'Ca'el....E S6hehsi�n...and' Catherine . orensenl-�wus!TaMT an wi e ........................................................................................................................................................................................................................................................... .......................................................................................................................................................................................................................................................... to 7ne; known, to be the pemon.s.............................described in, and who executed the fore.6oin6 instrument, .................................................................................................................and acknowledged that .. ...t hey....... executed the same as (See Note) 18th KV. .....I....119....6.6... Of ade, this............................................................day of............................ . ................ between...........A4ym *.tt.,...a sin m.a.r.ried...PjP;PPPJ........................................................................ ................ of the County of...............HQX)X).Q.pjxl.................................................and State of...................Minn-esata........................ part.....y.... of the first part, and............ ....and...Xary...Gahrelqlk..,...huhud....'Ud...-gif.e.................................. ................. ..................................................................................................................................................................................of the, County,Of Anoka Minnesota ...................................................................................and State of.......................;n............................................... parties of the second part, MitnC9;2;Ctb, That the said parVY.......of the-first part, in consideration of the sum of one...D.Qu. .Ix...W.A...Otiva..Z0.01... ....QQ z1.191 1 d.e Zati.Q.KI... to.......him.................in hand paid by the said parties of the second part, the,receipt whereof is hereby acknowl- edged, do.es hereby Grant, Bargain, Sell, and Convey unto the said parties of the second part W joint tenants and not as tenants in common, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, Forever, all the tract......... or parcel......... of land lying and being in the County of ................. ....................................and State of Jfinnesota, described as follows, to-wit: Lot numbered eight and the North half (N1 of 2) Lot numbered seven (7), all in Block twenty-eight (28), Hyde Park, according to the map or plat thereof on file and of record in the office of the Register of Deeds, in and for Anoka County, Minnesota. Subject to reservation by the State of Minnesota of all minerals and mineral rights. to Jbabe anb to Jbolb the babe, Together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining, to the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, Forever, the said parties of the second part taking as joint tenants and not as tenants in common. .4nd thesaid.........R4YTPN...E ... .................................... .... . .............. ..............................................................................................................................................................I............................................................................................ part....y.... of the, forst part, for...himself.,...his.................................heirs, executors and administra-tors covenant with the said parties of the second part, their assigns, the survivor of said parties, and the heirs and assigns of the survivor, that...........he...is...........well seized in fee of the lands and premises aforesaid and ha...;a...... good right to sell and convey the same in manner and form aforesaid, and that the same are free from all incumbrances, except...................................................................................................................................................................... .................................................................................................the lien of all unpaid special assessments and interest thereon. .......................................................................................................................................... I......................................................-.1.................................................... ......................................................................... .....................................................................................I...............................I.........I............................... .4nd the above bargained and Ranted lands and premises, in the quiet and peaceable possession of the said parties of the second part, their assigns, the survivor of said pa7lics, and the heir's Wid assigns of the survivor, against all persons lawfully claiming or to claim the whole or any part thereof, subject to incumbrance........................hereinbefore mentioned, the said part....Y........... of the first pail will TJ'aPrant and Defend. 31H Teotimonp Ulber0f, The, said party........of the first part ha... ...... hereunto set.....r .3................. hand..... the day and year first above written. In Presence of . .... ...................... .................... U Raymond E. Yle',5 .......................................................................................................................... ............&.....................Z2......................................... .............................................I.................... . ..... .... .. ......... ...................I......I....,..................................... ........ ................... . ......... btate of Olinne!gatap 88. T. Henn..c% 1111Sz - -7............................ On this.........................10th Jl-ine ............................................-day of.............................................*......... 19..A�.., before me, a ......No ta.--ry...Pu.b.1 i.c........................................................................................ within and for said County, personally appeared I.. ...... ....... ...... R��P;qq...9,...xe�ggittt...a. P.qKgPX1..................................................................................................... ............................................................................................................................. ........................................................................................................................... to me known to be the person.......................................described in, and who executed the foregoing instrument, ..............................................................................................................................................and acknowledged that ......he...... executed the (See Note) same as.......... ...his...............free act and deed... ......... -(Set Note) ......................YX Phyllis ......... hy.Llis J. I10glin ....................Co unty, Minn. Notary Public, ......................... ............. December 1 My Commission expires..............December. NOTE: The blank lines marked "See Note" are for use when the Instrument is executed by an attorney In fact -64 1*4 r. ;Z4 t: 0 Z -.!1 ar 40 -Q, Id r 1!„ueroia Ua:t�rtn i ouveyanc,uQ Hiaaka(1931) r r ��► re�rler�t, �5 and entered into thio.......:...... Urimarri:ed}.............:............ 19..............., by and between RiyMOjjd day o f ..�eggi t (s is n 1� . a d . ...................................................... Part....y..........oft Frank Gabrelcik a VZ ....................._.................................................. ........I............. ', ................................... , parties of the second part; . ....................................... ftne��etij, That the said agreements o said Pia'.,hereinafter Of the fast part, in consideration o the (•ovenants and f Parties of the secondf unto said parties of the second, part, as joint teiants and not as tenantshPe y sell. and agree... �... to convey >r�ar °a' i'tOn, their asst na the sur- vivo)-of said varties, and the heirs and asaigns of the su>•vavor, by a. ...... .� accompanied by an abstract evadencinft good title in Y ............................ IM owner's duplicate cern �� ........of the First part at the date hereo , or Deed, certificate of title, upon the prompt and ill f BeCo»drt, of their part of this agreement, the tract......... of f p+er f ormQ� by said partial of the ............................................. and State of Minnesota, described as follows, �a t.in the County of Lot number eight (8) and North half (NJ) of Lot t number seven (•;3, Block-t»lrenty_eight (28}. J�yde Park, according to the ma Plat thereof on xxxord fil® and of record In the office or ce of the gagister of Deeds, in and for Anoka County: State of r Lf nnesuGa. I Columbia Heights,,Ljnn. SIX HMDRED (�; Y w600.0(?} ORM HUNM:�-D ( 100.00} cash in hand Of�� t ° >int..th-e....ls.t......disy....of..Oc.Liber..:......... E eset.�bate3ve�,fa,AjA}�i A01.1ars ld fie�ur�rsk ,$ �AMOP W prenii.sev, t�zt>1C.OG.)...dollars-..ori. mor. ...a.n...Lhc�...1.st...day....of....ea.ch..f.o.I.�.o:yi.ng..rr,>��ril :s cn tt #ldl c> gt b .Mbti Ia1tlrithave been paid in full including interest at six per cent per annum. �)5 r' Said Parties of the second part furt`ueer covenant and agree as follows: to pay, before due and Payable in the year 19-, and in subsequent years, and all special assessments hereto orealtyeort hereafterhereto11levied, also that any buildings and improvements~now on-said land, or which shall hereafter be erected — -- - - on, shall not be removed therefrom, but shall be and remain the property of the part Z—of or made there- on, shall be fully performed by the parties of the second of the first part untitiis con- premises at all tunes insured in some_reliable insurance companyorcompanies, tor own ebpease, to keep the buildil7�s on said first part, against loss by fire for at least the sum approved by the part.� .... the and against loss by wydstorm for at least the surajjr3.-__-• payable to said part............of the first part, .......... _ heirs or assigns, and, in ase surp s over and above the amount then Owing said art--__ g P of the first part,--_-_. or loss, should there be any ane shall be paid over to the said -- heirs, or assigns, the bal- parties of the second •- ---�••'-�-- part......._...of the first part part as thrc�r interest shall appear, and to deposit with the Policies of said insuran5p• But should the second parties fail to pay any item to be said parties under the terms hereof, by same may be paid b first y Part-.-.-_..-..and shall be forthwith payable, with into st thereon, as an additional amount due first But should default be made in the payment of under this contract. principal or interest due hereunder, or of any part thereof, to be by second parties paid, or should theyyfa%i to pay the taxes or asses to perform any or either oz the covenants, agreements, terms or conditions herein contained, to be by said seconc+ �� ts upon said land, preniiurns upon said insurance or kept or performed, the said part_._.-.-•--.of the first part may, at...... tract cancelle�r.and terminated, and all rights, title and interest part;)-;; - •--.._._..._..._........option, by written notice dcc!are this eon- upon cease and terminate, and all improvements made upon the preen s s,tandeali+le^ l', said second notice des sh:111 there- to said part. .__..of the first part as liquidated dam, e; F-)1nen.ts made thereunder shali belong to be in accordance with the statute in such case made and pr breach of this c44itrnct bq said second ,ar provided. Neither the czt I �`" laid notice any Burn or sums of money to be paid hereunder, nor cnsion uF tli tulle of p.� meni f any tvaivFr by the r art--•---....c. • f t' lightY to drelale this cuntract forfeited by reason of any brc-ach thereof, shall in any manner affect the right of said p art_.Y_._.to cancel this contract because of defaults sul-sequently maturing, and no extension of time shall be valid unless evidenced by duly signed instrument. Further, after service of notice and failure to remove, within the period allowed by law, the default therein specified, said parties of the second part hereby specifically agree, upon demand of said part_____ of the first part, quietly and peaceably to surrender possession of said premises, and every thereof, art it; being understood that until such default, said parties of the second part are to have possession of said premises. It is lfI tllallp 9greeb, By and between the parties hereto, that the time of payment shall be an essential part of this contract; and that all the covenants and agreements herein contained shall extend, run with the land, and bind the heirs, executors, administrators and assigns of the respective parties hereto. In Tef;tiMOnp Mbereof, The parties hereto have hereunto set their hand....sthe da d year first above written. y any In Presence of s' .......... ter• ..........C .. ...... �.. 6• . �'..�...r." . ..... 1.... .... ..................... . .............................................................................................................................. ,�..,,_..,'-,-:m._�.:_....,_..�.�_._... -.:�-•.. :.__,.-.. :�•--- .a.��. .:._.-._.ter-__ _----� >tte of ir�rte�flt�, aa. Countyof......Anoka............................................. On thio..,.:..... .. .....4th. ............da o October _....... NQ rix ry t'Ub I�C y ................................_..•..•................................._._.................., 19...51. before rna a...............................:............. ... -withz arch for said County, personally appeared Ra�iron8 E. bTeait't' ('siri: Te arid' unmarrniecy Prark Gabrelcik a > ...................:.........._..._.,.......... ..................................................................................................... ............................................... _................................................................._.•._.........__._..........•.__.. .. to me known t� be the_person...S described in, and wjzo c�uted the f oregoin ff instrument, and acknowl- .Y Wl edged that.................he..................executed the same as...............e...... ... . r:..........,.free act ztnd deed. - ...................................._.........._ tR M9 Notary Pie.blia................A.._.. k..........................................County, Arun. _ - �ouncY, T20.... .•. �,� MY commission expires............Apr1l....1................................ 19...51.. -T 1. a r, w bJ C O C O C � z tsC Z O O o PIZ Ud R v q _ < c O R � ~ vol, " l OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hear- ing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, December 6, 1972 in the Council Chamber at 8:00 P.M. for the purpose of: A request for a Special Use Permit, SP 472-19, by Frank Gabrelcik to continue the existing Use as a Used Car Lot and conduct an Inside Repair Garage Shop to be located on Lots 7 thru 10, Block 28 and Lot 16, Block 21, Hyde Park Addition per City Code 45.101, 3 B, D & G, located in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 5740 University Avenue N.E. , Fridley. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: November 22, 1972 November 29, 1972 ® CORRECTED OFFICIAL NOTICE CITY OF FRIDLEY CONTINUED PUBLIC HEARING BEFORE THE PLANNING COMMSSION TO WHOM IT MAY CONCERN; Notice is hereby given that there will be a Public Hearing, Of the PlanninS Commission of the City of Fridley in the City Nall at 6481 University Avenue Northeast on Wednesday, December 24, 1372 in the Council Chamber ,at 8:04 F.M. for the purpose of: A request for a Special Use Permit, $F #72-193 by frank Gabxelcik to continue the existing use as a Used Car Lot and conduct an Inside Repair GaraSe Shop to be located on Lots 6 tbru 14, Ulock 28 and Lot 16, Block 21, Hyde Park ,Addition per City Code 45,M, 3B, D 6 G, located in the North Ralf of Section 23, T-30, R.24, City Of yx-141 y? Vouaty of Anoka, Minnesota. Geaerally located at 5740 Univeratty Avenue N'El: Fridley, f Anyone desiring to be heard with reference to the above watter my be, hoard at this time, t sUICKSON nANKN(; COM M Publh: Aecember 18, 1472 December 200 1372 i OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION (REPUBLISHED) TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, January 24, 1973 in the Council Chamber at 8:00 P.M. for the purpose of: A request for a Special Use Permit, SP #72-19, by Frank Gabrelcik to continue the existing use as a Used Car Lot and conduct an Inside Repair Garage Shop to be located on Lots 6 thru 10, Block 28 and Lot 16, Block 21, Hyde Park Addition, and Lots 12 and 13, Block 2, City View Addition, per City Code 45 .101, 3B, D & G, located in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 5740 University Avenue N.E., Fridley. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: January 10, 1973 January 17, 1973 OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE PLANNING COMMISSION TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the Planning Commission of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Wednesday, March 7, 1973 in the Council Chamber at 8:00 P.M. for the purpose of: A request for a Special Use Permit, SP #72-19, by Frank Gabrelcik to continue the existing use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City Code 45 .101, 3B, D and G, located in the North Half of Section 23, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 5740 University Avenue N,E., Fridley. Anyone desiring to be heard with reference to the above matter may be heard at this time. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION [L7 j 17 3 / ^ 20 GABRELCIK, FRANK SP #72-19 - — 7 29 L. 6-10, B1. 28, Hyde Pk. Add, and - t 29 3 29 - L. 16, Bl. 21, Hyde Pk. Add. Request -'-' 27 inside garage repairs, Code 45.101, __ _._..._.'. Zc —2 3 B, D & G. 26 5 26 --- - . F 25 04 '23 B 23 a --- - -- --- T � A I i ---- Z 3 8 23 r{i kJJ z o --- - Uj ._ Z/ / sem.. 20 // G O / 20 c.. 32?f 4li crt-� 119 17 17 17 1 Ar yf ___59TH AVENUE Z. �_ ..!;gam: �/:v ri •a C i o z i - IIZA EJ - - N 27 ---- W21 4 27 - - 7 . 1 6 - - -- 9 4 - 2/ 21 ri y r 13 14 17 y /7 /d4 - ; : 3 }o So ell oe I j a 1 °Fyi I1 I , fy 57 '7r T 1 lHr .t ff ! � srA113 f 2 _3 4!.5 ; 6'7 />ti �¢ i9 vIS, •.err �.- ......r_. , _.. ._ __._ _ _. __, _.._ SP #72-19: Frank M. Gabrelcik SCHEDULE OF AFFECTED PROPERTIES (300 feet) AND OWNERS The following noted properties are deemed to be affected with respect to the request for special use permit noted herein: Legal Description Addition Owner Address Telephone Number Hyde Park Block Lot 21 16 Frank Gabrelcik 5740 University �°� 17) Dale Raymond Bakke 5805 Third Street 560-6654 18) 19) Arthur Zell Young and 5807 Third Street 560-1373 20) Dorothy A. Young 21 William A. ZawislSA 2630 Grand Street Northeast 789-5033 22 11 Richard & Lucille Bodin 5824 Third Street 560-1273 12) Martin & Emily Dykhoff 5810 Third Street 560-1323 13) 14) Max & Mildred Barker 5800 Third Street 560-3653 15) 16 Lawrence J. & Connie 5801-22 Street J. Lawson & Richard Bernard Leppin Jene & Helen Christensen ,,I�- 560-8342 17) Ethelyn M. Nelson 5807-22 Street 560-4751 18) 19) Leslie W. & Rose Marie Nye 425-35th Avenue North 529-2192 Edward J. & Mary Dobie 5813-22 Street 560-6962 George H & Viola Pfieffer 5817-22 Street 560-3699 27 1) Richard A. &. Patsy Torgeson 278-58th Avenue 560-1250 2 3 ) & located alley 4) Raymond LeRoy & Dorothy Hegna 5770-3rd Street N.E. 560-2404 5) 6-10 Joseph P. Zizak 5791-22 Street N.E. 560-1672 28 6 & S) Carl E 4615 University Ave. N.E. 2 7 ) Frank & May Gabrelcik C �c e CQ 6""x N2 7) Frank Gabrelcik 8) c / 9) Frank Gabrelcik 10) City View ! !') Angeline T. Burak (Evangeline ) 261-57th Place 5) Mrs. Gitland - renting - Anderson Realty & X12 6) ` yak ��.�,,✓ A- 6) Lyndale Terminal 24}-j, 3t ^ lace x,-67 4. 7) E2 7-8- 9) 10) Max & Dorothy Hapka 281-57th Place 560-3592 11) 12 Carl E. & Catherine M. Frank & Mary Gabrelcik 13 Same as above 3 1) Ranko & Ilena Schurr 5755 University 560-2997 2) 3 Eugene P. Bennet & Dorothy 792 Mississippi St. N.E. 560-2$99 Rouk & Ilena Schurr � 4) Richard339 - 57th Place 5) /?0 Ut -1- r SP #72-19: Frank M. Gabrelcik Legal Description Addition Bennet Palmer addition Telephone Block Lot Owner Address Number 4 6-9 Holiday Station (Central 5807 University Ave. N.E. 760-9976 Service Co. ) 10-14 in Franchise Realty & S 24 ft. Interstate Corp. Lot 15 (McDonald's Hamburgers ) Mailing List for SP #72-19, Frank M. Gabrelcik Date Mailed for Planning Commission: November 21 1972 , February 21, 1973 Corrected P.H. Notice for Continuation: 12/7/72 RepubliBhed P.C. Notice for Continuation: 1-3-73 Ms. Ethelyn M. Nelson Mr. & Mrs. Eugene P. Bennet 5807 22 St. 792 Mississippi St. Fridley Fridley Mr. & Mrs. Leslie Nye 7vbLS1"tit fsGL...G 69 r6r-j414 l6 cc Mr. & Mrs. Edward J. Dobie Holiday Station 5813 211 St. N.E. 5807 University Ave. Fridley, Minn. 55432 Fridley Mr. & Mrs. George H. Pfieffer McDonald's of Fridley 5817 2jj St. N.E. 5831 University Ave. Fridley Fridley Mr. & Mrs. Richard A. Torgeson Frank Gabrelcik 278 58th Ave. 5740 University Ave. Fridley, Minn. Fridley Mr. & Mrs. Raymond Hegna Dale Bakke 5770 3rd St. 5805 3rd St. Fridley Fridley Joseph P. Zizak Mr. & Mrs. Arthur Young 5791 2!j St. 5807 3rd St. Fridley Fridley Carl E. Sorenson William A. Zawislak 4615 University Ave. N.E. 2630 Grand St. N.E. Mpls. 55421 Mpls. 55418 Ms. Angeline T. Burak Mr. & Mrs. Richard Bodin 261 57th Place N.E. 5824 3rd St. Fridley, Minn. 55432 Fridley OmmuVm= Lyndale Terminal Mr. & Mrs. Martin Dykhoff 2:Ikx5&ftkxRk== 4567 W. 78th 5810 3rd St. & A;c x Mpls. 55424 Fridley Mr. & Mrs. Max Hapka Mr. & Mrs. Max Barker 281 57th Place 5800 3rd St. Fridley Fridley Mr. & Mrs. Ranko Schurr Mr. & Mrs. Jene Christensen 5755 University Ave. 5801 22 St. Fridley Fridley Andrew G. Kohlan, Attorney 726 Midland Bank Bldg. Mpls. 55401 r CHRONOLOGICAL SUI24" ¢ AVWlUE ®t al STRET STUDY it at Clrl.l COUJJCIL ?UBLIC HF R ANG juLy 189 1961 • SUMMA RI PU MING CMUSSION FMaL REPOMIPA TIONS RES 51 AVEIM N.E. An 2j STREET X.E. et e.% STREET 1&1 D RO�Ml TW receipt of an application for a buildizZ permlt for construction of a multiple-dwraLl-ing unit at NoEo corner of 2nd Street N.E. and y7 Avenua N.E®na m sitated an imediate dem epositi of the present 33 foot atreet dediceUorn of 572 Avwm N.Eo from Main Street to University Avenue N.,E. and of existing 33 foot street evai icetion of 22 Street N.E. from 57th Avenue N.E. to 571 A-i-anac N.Eo© roue IMUTICNs The Plaxming Commission's unanimous rec endation is Progoeal C o 0 (Sao att,"irid dravlrZ in color9 • DwgG Noo Ia): PROPMAL Cc .in Street t, 'i" 0 58th Ave. Acquire 66, PA as soon as possibleo 2nd Street 2 ve 0 58th Ave. Retain 601 RN an is o 2<1 Street to 57�,- Ave. Acquire 6o c R/W anowing 353 fkcm Apt. West to VI,s East prop*-,gtly 21 Street to 58th Ave. Retain 600 POW as is,, °,std Street 37I 58th Ave. Retain 608 RP a-- is. 571 Avenue Clow from .' ..n eco 2nd S to O n to 60 Q M-1 from 2nd 'to 3rd. Cions,, from 3rd to Univo Ave. service roado Univemll Avenue 5-ftft Av to 50VI Aveo Acquire RII, Including alley for service • roach, A3 :- . to 3rd. 57th to 58th Close an 3 1. Pd) i ) 66 Al -,_ r 3 3 t Sol silt I • 2 A ST. FMA `- ` .F,. > F w c om w,e.w.a c.qi T, m 4 vi. t4 To - 4 N I • • rib z • CEMONOWGICAL Smear 571 AVE= at al STREET STUDY ��' Minutes (Eaoaerp�s) item "Ds to f Tib' ed that there wag only a 10 March 23g � The Cis Engineer explain ay ,ic 33 toot width of 57 Avenue from Main Street tO Hjgh-ay #56, and that there was a possibility of requests far building permits along 571 Ave-, which could ora t air future widening of same. Mrs Nagel moved that the P9��nnfag Commis cion recommend to the City Coumil that tha Council direct that no building permits be issued for lots on either side of 572 Avec H.E. between Highwzy #56 and Main St-, to permit the p:L=jLjg Col mission and/o' the Council to study the problem© Upon a voice votes there beim; no naysa the chairman declared the motion carriedo lean of vacating 571 Aw- was discussed 20 M,arah 28,, streets and 11 3:13: The P� . utilities 17 V briefly and Membem agreed to look at this area, and Sub-Committee pass on suggestions to the Chairmano to report verb- aUy at the Planning Comnission meeting on Thurssdaye Marsh 308 19610 March 30s Planning This was the consideration of a petition to vacate Commission, 57'2 Ave- N-E-, west to Main Sto Moo After 8t brief discussion by the Conanisgiona Mr. Thompson made a motion to refer this item back to the Streets arid. Utilities Corbitt,,, The motion was seconded by Hro Bandal and upon being put to a mice Vote, carried unnimouslyo n The City Manager explained that there Was only a thirtyu fir;�4 �°�, City Council. .0 foot right-of-=V on 572 Ave- frau Main St- to Higingay #569 and the C®rrnn3.ssion had recceended no building permits be issued for lots on either side of 57-1 Ave- between Highway #56 and Main St,. Motion by Volk+e to f oUaw the recommendaticia of the planntM Comi.ssiona and prohibit the issuance oz wilding permits on•5* Aire o o Secondedby�byN�� Upon a voice votes there being no nayag carried vnantmouslyo 5o Age d.1 11� Suet arz�l V VI The Can ttoe travelled, to the area under consideration Utilities gnd the status of opened streets unopened streets& Utilitiestte® house locations, future Closure of streets at Highway Sub-Cond #56, and proposed apartment building locations vers thoroughly examined and diaauseedo Several suggested solutions were discussed back • at the (fity Rall and in order to get the matter to the attention of the Planning CoMi.ssione motion r v,;,do by Berner, seconded b l Fagetrom thaa;s OF ,),7) I96I S y cf ch7v_.,aog-A,_cal study Actions Drm ItLam Lam Aga - 5, The Streets and Utilities Sub-Caer dttee recaumnd to the Planning Comssion that a special meting date be sets prior to thich an property o ers involved should be notifiede for the ptirpot� o: determining their attitudes on the following proposaiss ao Acquisition by the City of Lot 3.49 Block W City View Addition and Lots 1 through 5p Block 329 Hyde Park Addition for a service road between 58th Ave. and 57th Place N.F. (State Hi.ghpray is acquiring service road RIW betmm 57th Place and 57th Ave,) bo, Acquisition by the' City of Lot 18 Block 1 and Lot 19 Block 8 of City View Addition for exten- sion of Main Street. Qo Acquisition by the City of 17 feet additional width an the north side of 57U Ave., from Iain St® to 3rd Sto to provide a .5o ft. MI (vacation 5721 Ave. from 3rd Sto. to University Ave)o cU Acquisition by the City of 17 ft. from Lot 19 Block 2 and Lot le Block 7s City View Addi.ti um?: to provide a 50 ft. MI fort° 2-1,6 St. from 5'd E-va. to 57th Ave.,* • Upon a voice vote9 motion war unanimously voted., 6o Lp...1 27p City Fngi r (Letter to property avers attached) 7© 9'0 FlamJmg MIX (Special Hearing Mortes attached). • 4 SUNSET 4-7470 cit of rile 4y ANOKA COUNTY ij 6431 UNIVERSITY AVENUE NE MINNEAPOLIS 21, MINNESOTA Apxil 27, 1961 AAJ ?T*ptrty mars in the TicLaity of 574 Aveixu& V. X. Wa?rme" to van 57j Avesue, frm WAIA Street to T t-1 r2l,"Y 04. ftv:*.'mr1y, the C;,Avt,,v r4ceiwd as raqw--st to cmstrvact t' baLlato't or, 5.11, ylk-otqvA v. X,, 'betv"u Main Street mud Univoirsity t,1;L,0 571 Ave4wra prasent im only. tbirty- it Va.* th*t a deti4iou salst be ver-c"$ now ---4* "mxAttla ol", 57i. Awmvs. 'X%o C!I.ty S11"Po4t%tA -Atw Ivicilition Sub-Ca bAr 0t;3di-exi rhLfs x1rce-, has trt-rtikia r(a4vomazdattous to the City ;N'Lamaiag GWAAS- th.a mi�cxmhed Aketch., ask sot ?ra 6W COW&I-ttee'S TICOMW4ndgtiOU, tht P3-8=LnF1 ComtsSion achadul',sd a spocial %witetitig for 7.-.*AG o'clock ? X, Tusm%4,q, Yo-,y 9th, 061 yet the citN H101 for the purposs of distuaslas thole with the proipwrt-3, ft the arca and arrivivig, ot -S t1wA Rtyr racwTow'dvAin to th't C-41.cy Cour.eil, so t`mt bu0,iiag C:Au 1:* a14,;,11pw4 tv If yvA dtttro to ettend this wooting, this letter ka an iavita- tiim -do jo.. In tb* If ye-a hove "y questims CU th,1.4 WTMUV, faal ptrfectiy r,%,e tv tall Aw. W.vy truly younp SMUL nANMG Caffil3^10M MWL 4, K&Y 98, 1961 o ;ate wm ballerJ, t✓9 ordar at 7245 PM. by Chairman Soper,, ProeerI; ,i Chairman Segmwv hwajersBandels Eravikp Nagels C.ttr :edger W r,) urA City hiwr BrcA=o wvtizg vw <xlled to consider ttee vette off' ills future statUA ;Y iwswnuq�z, tihi cb at present is a 33 root gh between tw'old Soper exViained the p_�blem o:' access to Uhiversity Avwim,, l tate Highway pis allco for dnt x eat ��tall A�e e�, � w . ;"Q evd swippi. 5tresto He ease w1 aini d utaL i,-biUV, State DIMM for DW= Street over y- a.1 +R* Cite r . ;` '` proLlem by wideer IM and opening 57Tv ATMues Or posrrLl r ul k- 2nd Stxwbg 2j Street arA 3rd Stmt:, 14&,, P`ifty--aeVmth, Jkvmns macn over the Caua� f ► vtroeta to University A €d 1—,, n,-,v knom er ''an Gcunt7 EishW OX a At prownt the State High=y DoWtmat ` Is ► a short servico road canneetUg 57th Pie and 5?th Avenue al=g tie gwi. sjr&, or Univerrity kvenuec Bir. Nagai waggestad that tta property ownertse who were event* voice their opW ori regarding the proposal of the n�tz�oot ad ITtiltt"L$s ;curs-Cce-mittee to open 57a .#.venue to 508 Vd and 21 Street to onoyCJAHGi> g m 105 - 8 -y Avenue N.E, - state* that bedeftnitely Ny • o at e; 1d for ttt* street ami believed that a service road ijnivers:x try veara* and 4`uI +SarOe for 2w btmeet and 3rd Street wwAA Jwto Skolt - - 5 tit &venue XaE- - &aid he could see no benefit ax d yy a epp5r°z ur of t �eryjj By pp^ae�}etp�an<'�DtLUUeaSub-.Oocy�mamit�te�egppr`opo y}�'��og�yq� the ;? 'S4 i. EM.JIvISE t. CJ ` Wi .1h .��#enuE' WM.iKDW 1W i�i7ML� 4r`�d•' r► d�®iEA3 4W..[iT' 'ppry g VAw�.yyagg Rey would } �{p�on record As►9y .yliz yt �q t h �•��.��y�,.�d f )• '� Y'L�i ey`."C P* C,� xr4 ,. i .S S" -r2> i� Q6'�d863ld j dt 'l'�':." .ap , VJ�/��m .q.1$3.f-.d Le-O&,I-se o NYL&"3 _�Lstdan of ',Vs property 13 ro-&rly 5MIG ' l M9 i Centr l Avenue hots Vie. 250-47th ws ;; . . � emIf n`'zranx Ili "_1,;n:zva ar' stdct; -ladk�yAFxbye a ,i,,N) -zr.+�1at, they f:ys.. ulst- 261 - �.. - i�.aa� +�. +�1 v ;R �t t .'l t m'y"h.w A. ..", 4dk�FDa y} s * fi 4M tba s2 , 'VIA 30 V-tjXK ti i,n3. -s of euLw�`�fy:L"`ai r 1 !"o- t 11, S tw, J"Of R/i t:. 83 for 7 : t ; ism "°s1,f, a qw li'. , lal 12�:'�ra @�A"r f9 g o"5 ?1�t7�T 99�'.:g rote 0 `C i 'i ii." Mv4� 4' `' 5)7 VPlace N,,9. r, -qr, a Ac :A&Lor — 219 c, �?$:� "I rfr� 'N Y to rn ogPp tion to the °propoo rA; n-"' , # aua r- "mar • v .-"x - 2331 - 57th Flac8 H-So m stated that y1w in f - ql l Y , 4 "'71a, ,Avenue thru, If ^:3:3.-= 1-V=A U-,11 ilzleiAng ams 'ado 'Fad ra'r till, .: discussion 3ftang prflp*ma to the oro).Arty to I-aaet;a +. .. .r7,T cp-, ra 9 R •ten r . ,., . - &'d5e arc' 4t1?J&—iitti t X17 i'.jet problm, and p 'Eewrito VviAbar rE1ccmrr t;" 1 � ��P.ryTOps1rtt�'����►!p �� tiv" a♦��6a� �°p�Sµ�.i ts��/.p.•�y<, 4 ., >.. t � Jd ita.,.� tiwY AY%M"i'MA and `I w to bl'� �++',' ' .LT6»++kM.ril71 �i.z U L/"4•%♦�� ., k i�7� . 1 '' z4' further bus I,* Chralra� 15 P.KO • CO • 3of Chronological Stud Actionv Draw It Date A nc3 M E! es (Eaocerpte) 8o may :fig Planning Mr. Bandel moved to receive this petition and place Commission it on file* The motion was seconded by Fro Nagal and upon being put to a voice votes dried Dusky. There will be a joint meeting of the Plats and Subdivisions: Sub-Comui ttee on May 189 19618 to study and make recommendations on the various problem an 579 Aveo NoE,9 imluding this petition. 90 June Is Joint x XI Discussion started on the two previous proposals Committee (attached) referred to this joint committee by the Plats & .Subs Planning Commission for further study and report. & Streets & D=sal "A" dated May 199 19619 basically provides Utilities for 401 R W an 57j Aveo and vaoation of 572 from Main to 2nds and 3rd to University& and o ning 22 Sto frm 57j Ave, to 57th Ave, to 10+ J, .sal�"..B�" dated MoV 199 1961& basically cloned a ve, an.e provides 1001 Diameter cul-de®sacs at the end of 2nd and 3rd Streets and opens 22 St* to 401 R/1W from 571 to 58th Ave.. After considerable discussions it wee unan mous2y agreed to recormesndt, Pi s_sta_l "CTM dated June 18 1961s as 1st Choice,, —'FrOMaJL'WJPs dated June 19 19619 as 2nd Choices and • Mmmi NLms dated June Is 19619 as 3rd Choice. These proposalss$ by consensuses are to be referred to the Flaming Cowl esiosn as the result of the joint committesOB study* The Major differences between the three proposals axe tabulated on the following ssheato • IIS A t�T t3FS€`3 oQA'VtoJ.xW � ar �s�� y'* 1 eyy e� � f��.`. �'•-f�dr P 4 ( ,:.,4 R! `K'/ '� %� } i n. � C ry ��'J SI�A.•S ST F+T F —'Shit �.�il� t tlrt• fL 1 l � 4 tS ��€ ( z9cT� r i3a lilts�6' ' ....,..--. — r -___..,.e.=.s...0-..._.a,w. y_...�_.,.... .� ..�i,..__...�.s...�...1.....-t..-,.w--,m...�«�_�..R_�..�•-�—. -=moi ,.a...e.=�...+o.a�- .a ;an v�vY• p .'� t a -"Past YIggj k a E zap E dta-t} c > ot''rpa GOT"G { & acod � o, ,- � �' A0U 4 I :: OOT `ice , 3� +` � oiQ►d ��� �°aamu„ -ft jvt � + uo r tloo0 a x�rs �' t�� 090101409 wd tog a�?y �nb�� egg ! :' � V Bodo Er t ROOT,? *so; t2d Ar�Lt7 -pa ®hawse 2 ' ' � S� # osod sv ID ��. &jl a a. �° —43 , P �?�. �� r.�.� � -`s � a 4S t cL199 s 09 � g1 og o � g ado E v � t 04, y s'g r' .. ..- - �f�� y.�.�� j � }}I'� �ft.�j "6'781.,[r � ��pq, �` p`l�.Y{({os � ♦p Ly Lu,,.. pt �(�• �'+' /�' d /��r �(r1� ' i 4�� `v"R�`s •N�'�,�,G I � V`�' ��4� �U� E � • F �N y ; �§� Q V��P kJ8"��� r V�� �t.9A6� V��� � Yi..7i � F.�.h S��.Y_,}.0 ` ', S t E- i ?+ y C%z' Study Act ,orz Draw Item Dzzte Minutes (Eucerpte) m---^-^• 1'e RX cmt e.a«'i'a+s arriswas.r - 1,0a Jam 88 IMMning 1 A wbion to recommend Proposal 0C O"$ (proposal non Co ,esion modified) to the City Coaaioil was made by Mr, Nagel., Mr, ThmVson seconded this motion and$ upon being pint to a voice votes the motion carried unanlimuslyo PROPOSAL "000 Main Street ve To 58th Ave. Aaqutre 66Q RAT aB soon an possibleo 2nd Street 57T lVe. 0 58th Ave, Retain 600 !VY as iso 2j Street vea' to 57j Ave, Acquire 60Q R/i allowing 35.2 frau Apt* West to its East property lim, 2J-Stmt 573 vie.to 58th Ave. Retain 60.0 RIW as ie. 3rd Street �v8` `to 58th Ave, Retain 60f R/W as is. 572 Ayertus Close from Main to 2nd St® Open to 600 " from 2nd to 3rd. Close from 3rd to University Ave. service roado Uuiversi Avenue MWAve, to 50thAve. Acquire RN,9 incl.ucliM alley for service road, 0 3rdo 57th to 58th Close all 210 oily 139 'kwinnin g A motion was made by Mr. Dandel to acca, � tho drawing; CRr s�sion as the Planning ComdAsion recair�r enddti s to the City Council on the 57J Ave. ?d.E, problem, Mr. Kravik seconded the motion and, upon being peat to a voice votes the Motion carried unanimously, A Public Hearing is ftt for July 180 19610 before the City Council, 12, July 18, City Coil Public Hearing • n r a "b. , l e u § )w � r p Fa I Lv-t tf 14 ,� .. * r' 4.�'�e��W l" t •t , • Y i 13 r 44 , +r ° jvr I N ° I P i _ 1 i � 1 I E C3 f � 44• M I a v' i q4 : 4> -36 1 � I N f 3e 1 C f � is I o � � I 5T I I 1 i 1 ' I ' I � , Sol I II � • NJ 1 O i�;s€A biy Soo-le I'`: 4u-) � 4 AVS r t... �`�. d ............„...« AlCSrr. ._,.,•.......,,.f .......t.,,.._......� ,�.' ,......•........wra.+.�, .w..w+•.�sw.. �y'�('r P"i��' uwwe.wa+«nr.w�A.3 ��� ,w•:+.<.ti_. � ..w, C- 17" ,." 44 '� i+.x�,uv,vfinW tirtOYY/ge+ �. wWM.#MMF1�.+�4WI�IYII. M gMiW�i�Y�1�1�ii11eMl�[ d rwLL}i/1rfYY► I 67 ,� ✓� • i � � s � 4 s d c � / W W Y Ill•c/( i IN 2 7 VIII W Ir V we h wo : � M IR N PWF - • Al j 1♦ K 1 1 I�� R/ar►�.� wr _ ---- _ UN ►YE SPS J TY _ ANE_ -N. E. - - - - - - - - - - - - -- -- • IA • �►. MAN { rn J [n -4 30 z LN g IT !(OT < flu3a° ST Colli �. W,0007 ;.71%" N 4 �. 6L),VIv )RCO Vim, A (4 1 I J � i t i 1 t t � I i I � 1 • i 1 1 t Ta 1 I i MAN 60? i ST 33. uNivr: PNS ) 7y � A A � � 81 m � MAN 5r i c n � t VAC-ATE � � \VACATC � Y7- 115T" F; i b 3�, a , • ,,,�::.�; tire'r... + � . x2r,. ..R-:. ..F=r�M_c w..c. � r tea. _ �p a ���. r�y, .........* � � ` Av. QT � i k ._..-....,..............�.�......R... �""""r.t® fir. � e N a... s..e....,.- V� , ..a..�. ..�.... C n i4 0 !N � . 3� � A r� sr+ r ; ,• x t, M I IN-i I Ih -4 0 rk k'3 .r '\5 x,o9 oeox� �A �T 4 o w� r 4 � wv� • -77 x AO S TINS �, r �,! �I O 1-. SIF w,.♦ r t b f V �w �S'y 'a.Al { P R1 IN. r . vp AO a pp � O Y Its Cal • P •� • y i7 • r • ♦ • • . • n �N FFP _ • s y i.:ia-s_amw�.:.ma-'++�,.acmrm:sc.-zrc-ns..cc�«�rnc •� • tii�� �4416nn'sst'++� • s • • a • .. ..eaa+ccs-+arae:.vc+cer�vnw%ammnw'�. •'�`s"':rn. ��ss�Q •. I'' V, fz� (A , 6 � • M J �Vcsrt� .ut; � �P• �aer�®v�.-+cmema�+r>e'c+e`'w.a"'m.� .,� .76;, J:: JRfQ -r4C • • . • v'BVs VeAes ITY A PF.- I II c:�© ♦ rag"� a •p 5frv w fes t aR7 . �• f •4 •t•A •R • • • e . s �► ' � r C foNn G waw,297 4-11 i • x a • 4.R �� 9 a •g .ice • • A -vain t 71-11 �c x:—� Axa ss�caae��:cawsrsmsx` ��® �.,•,.•_..,. ...,Qu A v:.cv..-csax.ear.sas mrv�n,oea¢ .•,; „ Q ^�.r:�ags�:,�•,-c��cv�s„ .ma• .,.. 560-3450 City Zdo �Nid>�ec i ANOKA COUNTY I� 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 April 19, 1971 Mr. Frank Gabrelcik Frank's Used Cars 5740 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Gabrelcik: The City Council approved your license for the 145 x 200 foot tract of property, contingent on your furnishing the City with proof of ownership of the property. if you do not own the property but are leasing it, perhaps you have a lease agreement you could show the City. As I said, the license has been approved for the 200 foot frontage providing you furnish the City with proof of ownership. A separate request will have to be made to the City Council if you intend to use more than the 200 foot frontage. If you do make such a request, the Council would probably want you in attendance at the meeting to discuss the matter of what improvements you intend to make to the property, such as surfacing the lot, etc. Very truly yours , Marvin C. B nsell Finance Director MCB:sh cc: Police Department cc: License Clerk From the Desk of: GERALD R. DAVIS City Manager Sub.. t- ks us4welAco t P/o ae...4 . � 9 A00,2 f ze % � r MEMO FROM: MEMO TO: `Memo No. , lztters Report represent name initials) Before NASIM M. QURESHI run:un�ui�tu�ce�� City Engineer - Dir. MEMO NO. DC 408 e r Planning - C ronm. Dev. 2-16-73 2= -73 DATE: SUBJECT : Frank Gabrelcik Sp. se Permit for Used Car Lot 12 fig l.. REMARKS 0 See attached Please see that Mr. Gabrelcik submits the necessary Wrequested by the Planning Commission. Also, please (nrno all tho possil� Review & take appro- la--r4�irQmQxits--b3t the W priate action City and all the possibilities he has and a check a 0 Review & comment 9pefully we can solve this problem this time o ® Note & discuss with me around. 0 0 Work with 0 3 ❑ Rush, immediate action desired SIGNATURE t' Make reports, w/background COMMENTS material as complete as pose- ble. Make interim report if necessary. Send original memo back only if action is a fully completed. a z Action completed, no -- -- O further review needed v 0 Further action necessary Q C) See attached letter 0 Interim report f. x DATE ? �� ? SIGNATURE - -> 1 ,i February 8, 1973 Mr. Frank Gabrelcik 5740 University Avenue N.E. Fridley, Minnesota 55432 Dear Mr. Gabrelcik: As you are well aware, the Fridley City Council sent your reo for a Special Use Permit back to the Planning Commission. understanding that you were told to supply theCc riission withiuest iteysthey previously had asked you for; namely, ownership. you were to do so Without delaya plot plan and proof of The Planning Commission has placed your item on the *March 7, 1973 agenda, and asked that the City Staff renotify your neighbors with Written notice of this meeting; however, not to send out the notices until you have supplied the plot plan and pfoof of ownership. If we are to give owners proper notice, you must bring these iters in on or D before February 19, 1973. I urge that you get the above information to us by the stated ti. or a report of your failure to ca-Ply Will be given to the City Ccurci, for their further cOusid_ration. 1. This office is always available for consultation and we will try to assist you if you have any auesticns. Sincerely, a D.1L CL-'::;r; --- DC/de Comwunity Ueve!Orr,, nt Administrator ce: Andrew kohlan I MEMO TO: Virgil Herrick, City Attorney MEMO FROM: Darrel Clark, Community Development Administrator MEMO DATE: March 23, 1973 RE: Gabrelcik Special Use Permit Please find enclosed a rough draft of an agreement that the City Council wants Mr. Gabrelcik to sign prior to approval. Please review, revise and sent to Mr. Gabrelcik for execution by the April 2, 1973 Council meeting. Mr. Frank Gabrelcik 5940 University Avenue N.E. Fridley, Minnesota 55432 DARREL CLARK Community Development Administrator D DC/de Enc.. s az 4--fi ����_ �5�.*A,��•?+:: x"ar�C:��� �••. t P � t' �b�` �.,� la,, ``# �.� .z5`y '�" ,,,��t a _ � � �� s`} �'` ^� a. :� �'•.�V. ,� 43 i „"',ps.' :t � &'rx NY•�. t N 3T7r $' '4 r�mci w ,r+. � 3tvti `...- r �'& ��T .cW.�' >! "� '•,fi++'�. t r, � r °n, x .A a aS r {. .z "& �, S �. � ,� b f *. ,+•d' F;W 3-.{p� yx� �- � 9 �'atx ��e :... ^ 3 sa :Y ° 7�' �Jw +��` e� at •' *��+. 't� ii '.'e�r'� iA'S° , .v tir �A .; 14 t •�'z r„ ,,, �� �'�h e � ' � a1 a rs ., ..'�°r` � �"' 5 a p *$ 'ray- s 33 a Aw „�r S, "� _?.ti Z ��`` sl��#$' � �a t '1�r- .;:+� ,y °r; "4r'2:�4 •'+r,�a ��.�� + �F� �`",: �3 ..� Y �'f+k a4".., : ?^, y .. t •. ;a .+ �'Y �';'r to - -fir '• J� ,+emir's '� H^..i' r` -tr M• y y�,SKr,: '"k =1. IMZ Aefw i�-4 s �"y a �s,, Y ^ �•F�y, �� �a'F ..,: � �ke� `� -3 � s _ J� raw {� � s �� .y.�� "i �.,""#°'ri, c''� �}�♦. '^ ,�„«,"'+4 Ya,'�G��"�iF,..;' ,"'['+��Cfi .�'��.( }f -�4Ir"R7� ��3�. " 2 r . �'Fr' dth m .�l`��, �. . �,� R`C �+'"'�' �� rr zt5�. -`!�'° '�':.. ��fk �,�r s•„`.�`n� � �f� pa�. ,C�` ,°� � +' a�S-.v#`• � `. # �'.+r Cl+ � r �'c»4�',�}��a. �.sz vD. w r. �y�� • n''x " *„ y: A '# y ,,r. y a ' �".r�r .'x•` �'4 _ � �'9. `�^ �.fr.� �qq r 6�` �.�' ,,, �: �y rc"-+r„ w '':ATS � rte"" "'� '36 sc{," $ +?t i b ', f, ✓ -r �F r � � t � � h� I", x ,�4"d.� � ' �wrx•"� �^:� '�` � °r }�„>• �� � TJ""see +� v"fj�`'.max irf � '�' +r6"Q �, f' r° S, v }°per."" Jg � .aa..g�`}"�":u� ar ,,";? -'t ,� '"� � �`�A � ^ $ a.a r o�''2+�� riWy �,a� zF e �"� y 1 '" • a u �g • `x-' r y- `'4 �`'l 9"k•. "F + �h ;ia- ..d � 9 c,'.r u <; r^ k-4"R '>k 's ..&.w lwl �, � �� sa';+�' �•` 6w ..q�` �., ¢.a) r+.°�¢ �r"it'�fi�'s � �. � w` � �,r a�� `� '�> - • ynKx-.. V = � • ' X�• `, '�. -:'K s s"' ' r 'i'" '# ' Y '` am '#+�` •. ee%' �� "�• .i:- � i .�_L^Y'�ivax, '�'.s.._ x.r,. ,x.1.4 ���s' '�_� '� .'#' �..F a* 3 )ae 560-3450 •• ; � a (�`t • �rid�e y i ` ' ANOKA COUNTY �.� 6431 UNIVERSITY AVENUE NE March 28, 1973 FRIDLEY, MINNESOTA 55421 Mr. Frank Gabrelcik 5740 University Avenue N.E. Fridley, Minnesota 55432 Re: Special Use Permit Dear Mr. Gabrelcik: Please find enclosed an agreement with the stipulations and conditions under which the Special Use Permit would be considered for approval by the City Council. Would you please sign the enclosed agreement and return it to us on or before April 11, 1973 for Council consideration on April 16, 1973. Your immediate attention to this matter is important. If you have any questions about this matter, please let us hear from you. Sincerely, DARREL CLARK Community Development Administrator DC/de Enc.. cc: Plasim Qureshi, City Engineer Gerald Davis, City Manager y q. 3e�- y-Iv- �3 3& A-14 560-3450 City o 5Hiclfeu 7 � ANOKA COUNTY I6431 UNIVERSITY AVENUE NE April 11, 1973 FRIDLEY, MINNESOTA 55421 1 Mr. Frank Gabrelcik 5740 University Avenue N.E. Fridley, Minnesota 55432 Re: Special Use Permit Dear Mr. Gabrelcik: You have not returned the signed agreement that you received with my letter dated March 28, 1973. We feel you have had ample time to either sign the agreement or return it with the reason why you have not been able to sign it. Therefore, I am placing this item on the April 16, 1973 agenda for further Council consideration. Your attendance at this meeting is important so the Council will have the opportunity to discuss this Special Use Permit with you. Sincerely, :IJ IL DARREL G. CLARK Community Development Adm. DGC/mh August 10, 1973 Mr. Frank Gabrelcik 5740 University Avenue N.E. Fridley, Minnesota 55432 Re: Non-compliance With Agreement Stipulation Dear Mr. Gabrelcik: On August 9th a progress inspection of your property was made. The rgPort of that inspection was not encouraging at all. The only item listed on the Special Use Permit agreement (signed by you) that you seem to have complied with was to not have any of your cars parked on 3rd Street or 58th Avenue. Now, since these items were to have been taken care of by the lot of July, 1973, and you still have not complied, it being nearly the middle of August we have no choice but to refer this matter back to the City Council for their meeting on August 20th for legal action. If you have any questions, please call us at 560-3450. Sincerely, 0 C.,-)r)O G. CI.ARk- Community Development Adm. DCC/vh Ion ol q A,t x j �A ryk,',? i ; .».' 1'_ F �,w ji' 1 " ry ¢�x✓ x io `4A]a�/,�5� i - ,: 3' R" .;YJ T,^ ai`:/t . 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"�' s+ scs,rttE g '.ie WA of 9 ' 51y �r �J `�r pFk ry„ +a?.t E '".r ,c� '• w �4 Y xFAW, t1 y $b ,~ � '`.`-se a� �'+v f '��1'� �a r'�i ,�' 'y� �..7f'• r -� a ''< � ar. e,a,e ., +r yXx-' +s" �++°fr i�u� .iv } v .. ,ret ba r-`�3c, ��'�}� ��'`z.4u5., v'T7�s t r' 4s ���: � �, °'�+ .' "'' Mkt F f „'„�, s�::n'� a�.5y�,� '`.3 k�'°� * i--' �?-•-$`� .,�+�v �_. xBN, s kiN r ' rs # esu 3t i l��„A �eF Yx �. aFP HSjir'Atw ••fptp 'yt x a. c.�q� ,,q`X�[x�+.t� -,t,�,_� Yrtl,�fi,� tx:y�b�_ ,� ��' .:;. ��q?..•rs �,wt{ x� s E•nn y .'�'�`,r,,y;, '�,” } 7r�����}� � ..�? ". i'�'�r� .3 WA � +',y+ y iab 'i A "Y`'i' „ +� � 1 ``raA n°"6.b ':4 ,@ � 4E i aMy R✓ Y '. '.•'"4` , �2� 4.. € �:F i', e 4: N. .sem � >r! 4 F � '4 Yr .dA S q 4 %_ tG -c .,. - r ,, feu. . t„r- �i y 7 ,ti' s R5 �, r x, .,t ,• MEMO TO: City Council MEMO FROM: Howard G. Mattson, Engineering Aide MEMO DATE: August 20, 1973 RE: The Frank Gabrelcik Situation I visited Mr. Gabrelcik's used car lot on the afternoon of Friday, August 17th. When I arrived Mr. Gabrelcik was working across 58th Avenue from his property cutting underbrush with a chain saw. When he returned I introduced myself and immediately asked him if he had received Darrel Clark's letter informing him that the "Gabrelcik problem" was being referred back to the City Council for possible legal action. He said he had received the letter. I asked him if he understood that the Council was being patient beyond the point of reasonableness and why was it taking him so long. He said he thought he had done many things asked for by the City. I told him I had inspected his property on the 9th of August and that it seemed to me the only thing he had done was to move his cars off the street. He said that he had gotten rid of some of his cars but it was hard to do everything himself. He said he had started with the screening and had removed some junk. He said the Mayor had told him to be sure to keep his weeds cut down. I assured him that the Council was getting very impatient with his apparent "I don't care attitude". He then said that he had had a heart attack, couldn't do everything by himself, and couldn't afford to hire anybody to do the work. I took a couple of pictures of the 2 posts he had put in for the screened area which weren't there on the 9th when I had previously inspected. I reminded Mr Gabrelcik that the Council would review his problem again at their regular meeting on the evening of the 20th. I wished him well and left. HOWARD G. MATTSON Engineering Aide HGM/mh I I April 24, 1973 Mr. Frank Gabrelcik 5740 University Avenue N.E. Fridley, Minnesota 55432 Re: Special Use Permit F Dear Mr. Gabrelcik: Please find enclosed a revised agreement with the stipulations and conditions under which the Special Use Permit would be considered for approval by the City Council. Would you please sign the enclosed agreement and return it to Dus on or before May 2, 1973 for Council consideration on May 14, 1973. Your immediate attention to this matter is important. If you have any questions about this matter, please let us hear from you. Sincerely, 1 DARREI. CLARK Community Development Administrator DC/de Enc.: cc: Nasim Qureshi, City Engineer Gerald David, City Manager I 560-3450 City JiAy ANOKA COUNTY 6431 UNIVERSITY AVENUE NE August 28, 1973 FRIDLEY, MINNESOTA 55421 Mr. Frank Gabrelcik 5923 3rd Street N.E. Fridley, Minnesota 55432 Re: Special Use Compliance Dear Mr. Gabrelcik: Please be advised that the City Council on August 23, 1973 extended your conditional Special Use Permit to October 1, 1973 to give you more time to complete your obligations that pertain to parking, screening and clean-up. I feel the City has been very patient with you on this matter and that October 1, 1973 will probably be the last extension granted to you on this matter. Therefore I urge you to do what ever is necessary to complete this work and if you have completed all this work prior to October 1, 1973, please call me for final inspection. Sincerely, r� DARREL CLARK ' Community Development Administrator DC/de cc: Nasim Qureshi MEMO TO : Honorable Mayor 9 City Council MEMO FROM: Nasim M. Qureshi , City Engineer MEMO DATE: October 10 , 1973 SUBJECT: Status Report - Frank' s Used Car Lot 5740 University Avenue N.E. Last week the Gabrelcik garage and used car lot was inspected again to see what progress had been made since the last City Council review of the problem property. The agreement stipulations are now finally coming closer to being met . Mr. Gabrelcik has built a screening fence around his junk area, he has stopped parking his cars in the street , the cars on the lot are for the most part parked in rows, he seems to be keeping the weeds down,and he has removed or put into the screened area most of the junk parts off vehicles. Mr. Gabrelcik was not present when the in- spection was made, nevertheless , the work he has done is mostly self-evident to anyone having seen the property before the clean-up began. It will probably take curbing, blacktop and landscaping to actually beautify the area. NMQ/HM/jm I IOTICE OF CANCELL, a IC'4 OR NONRENEWAL (Minnesota) OF KIND OF POLICY T POLICY NO. ISSUED THROUGH AGENCY OR OFFICE AT: — CANCELLATION OR TERMINATION WILL TAKE EFFECT AT: DATE OF NOTICE (DATE) (HOUR—STANDARD TIME) 21-(356386 Dairyland Ins St. Paul 12-31-74 12 :01 11-27-74 I fff� COPY OF NOTICE SENT TO NAMED INSURED INSURANCE Dairyland Ins Company COMPANY PO Box 3506 St Paul; Mian. 55165 Reason : We do no writs coverao for Taxis udder the tinnesota i NAME AND Gabvelcik Frank 14 No Fault I,aw. IADDRESS 5740 Univ Ave N E OF INSURED• Fridlay Nian 55421 (Applicable item marked p) jCANCEL• ou are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the hour : LATION nd date mentioned above. If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective. If the premium has not been paid,a bill for the premium earned to the time of cancellation will be forwarded in due course. You are hereby notified in accordance with the terms and conditions of the above mentioned policy that your insurance will cease at and from the hour and date mentioned above. If the premium has been paid, premium adjustment will be made as soon as practicable after cancellation becomes effective. If the premium has not been paid abill for the remlum earned to the time of cancellation will he forwarded in due course. !1_0..- a•-c 1r. !_ �• r '.v(.1ltn y s. y'.►- r• •a,• i Reason(s) for cancellation- y' "a "s Olt v` 'I M :'s" M tt't:+ '�>f r ;ri r` s> °Yr;`� T rb t ►�1 U cr W' ( . l�T ).. -a"y,.K 1�ry'y'�'f ��•r •+:' ,F. �,k"`• g. :: r >. z t. +.t°'r{ 2 *r ti �'�+ ih.�x+�Lv , 'tt' 'k r"�� r 'c '�T�yr.S vl,�� �`•7• "'t• i 3 �*�`;���"`�C "` �Y •_�j�°f-;'�iiY'�"3"{f'�8� � L°' '`^.^�T ��'�• s!v�.'fYiy "ct` it`� ¢ �' i !�'L:�Iii,:►�:-#y'',.1i- i�',�.A._.-.:?. 3„r 3_S�.'[.'` _c:Y' �''r` r�u����u�ny ? �i%�2'�`� •. klcf'��s�k�.x3�+J' ' RIGHT TO APPEAL:Pursuant to Minnesota Insurance Laws Sections 656.14.658.21, as amended, you have the statutory right, within 30 days of receipt of 1 this notice of cancellation, to complain to the Commissioner of Insurance if you believe this cancellation is arbitrary, capricious or otherwise in violation of the provisions of the law. Complaint to the Commissioner must be in writing. NON- F1 You are hereby notified in accordance with the terms and conditions of the above mentioned policy that the above mentioned policy will expire effective RENEWAL at and from the hour and date mentioned above and the policy will NOT be renewed. •:'ti•Y .L� !�--i�:..r ti N.' .;.�y '+rl •"ice-,yN••' ^ f` Y:. r• p -yR �{-ai'J -'S•� fJ�'. `'i a!!i. �1.:!!��V'a:. i►Ytr; i: •Y:.'�ti •+`��•�•Y..*�ti�+' - r•Y`,i. i t�.,•i "1i... ti. Reason(s) !. I ns) for nonrenewal'kti t.T w' rt?•- i� ? i1'ii:� 'r Ytix .iii S f it ;.�'4 i ' �y y }.��} Y-'f��`•Y l..•P'.. fiK'•d,��ll��'. y?• X�fi- ?a 7•a;y'L t�. wy� '�{, �!•,i•<{� {•yy,d~)�• f�ti�,P��y� � �+ t;�''1:.. ,��•!h� � iwL� �.,! "+" �t-k •s.�'.tS' r'.�'���'�t�it J �• ^t� �,�71ryp��. y ��r."'�r v+.ti4=K�ti�'l,:.R.•'' . �1/Ys{i1^J,w�+� .�Y•�'�lir.,!2,�'G".L.:«:�i�.rf?L�ci�r.'F�N�r''�+ti '1� ...�.r.'�t 'R^ .21r• •... ' .sG�..k�t`Y�' I RIGHT TO APPEAL: Pursuant to Minnesota Insurance Laws Sections 65B.14-656.21, as amended, you have the statutory right, within 30 days of receipt.of i this notice of nonrenewal, to complain to the Commissioner of Insurance if you believe this nonrenewal is arbitrary, capricious or otherwise in violation j of the provisions of the law, or if you believe this notice or the reason(s) for nonrenewal was not given as provided by the law, or if you believe the reason(s) for nonrenewal is arbitrary or capricious. Complaint to the Commissioner must be in writing. ❑This notification of nonrenewal has been issued as the agency which issued the above mentioned policy no longer represents this Company. You are hereby notified in accordance with the terms and conditions of the above mentioned policy that the above mentioned policy will expire effective at and from the hour and date mentioned above and the policy will NOT be renewed. IMPORTANT Minnesota Automobile Insurance Plan Information: You have been notified herewith that this Company does not desire to carry your automobile insurance NOTICES any longer. You are possibly eligible for automobile insurance under the Minnesota Automobile Insurance Plan. This notification of the availability of the j Minnesota Automobile Insurance Plan is given pursuant to the provisions of Minnesota Insurance Laws Sections 65B.14-658.21. Appeal to Minnesota Automobile Insurance Plan Governing Committee:As your policy was one obtained through the Minnesota Automobile Insurance Plan, you are hereby advised, regarding the above notification of cancellation, that you have the right of appeal to the Governing Committee of the Minnesota Automobile Insurance Plan, 523 Marquette Avenue, Room 603, Minneapolis, Minnesota 55402. Consumer Report: In compliance with the Fair Credit Reporting Act(Public Law 91-508),you are hereby informed that the action taken above is being taken wholly or partly because of information contained in a consumer report from the following consumer reporting agency: I ��!` •T. i ) �y'\: � sr� { Y�r^ .a,,i �y,�TR •. -th• r Q � ' +�4�'rt;�`iR"�{, '� elsi S�+*r',n,�� �i,V� �. t2•,''..�~.� ,,•I�s L1��M�"��=�'�'y`caS+:�i-^757��F"`T'•�h"}��-��t�►,�•4,'r':Z')yxl, �� ,�iS�f{, ��`I� ��yti�j�,y�.,e�Tl�.'}c��.e{+�.�}�l 'Jrij+ �f y�y'. 1,�'�"•;t���i�y,��}�y��'�� ��/4�7 .-t';,:��`+'��� ,r� .c�11�t�'[�?'�_Y`?dC��:?it!M�y!.`'�s�.'.'�:F+:['M�ta �i���1�'��',�� ".+�3''�}_4.c��JCtii�.+.+f•��`*.4iS•`1}:`.s TO LIENHOLDER: You are hereby notified that the agreement under the Loss Payable Clause payable to you as Lienholder, which is a part of the above policy, issued to the above insured, is hereby cancelled (or terminated) in accordance with the conditions of the policy,said cancellation(or termination)to be effective on and after the hour and date mentioned above. -------------- Af`ithorized epresen a ive INSURANCE. Dairyland Ins Comapny COMPANY PO BOX 3506 / St Paul Mnn 55165 C NAME AND City *tanager Fridley p OF LIEN- 6441 University Ave id F 'X HOLDER LtEFridley 14inn 55432 (� GU 8912d (Ed. 8.73) UNIFORM PRINTING Q SUPPLY DIV. LIENHOLDER'S C01 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N. E., FRIDLEY, MINNESOTA 55432 � ,• TELEPHONE ( 612)571 -3450 July 6, 1976 Frank Gabrelcik 5923 3rd Street N.E. Fridley, Minnesota 55432 Re: License renewal for operation of used car sales Dear Mr. Gabrelcik: After reviewing your special use permit requirements dated April 30, 1973, we found that the property has been kept clean and neat in compliance with said special use permit agreements. There is, however, one item that must be taken care of as stipulated under the April 30, 1973 agreement (item 8) and noted on the site plan marked exhibit A. The trailer on the West boundary of the property next to the gas pump must be removed. We will reinspect your property on August 13, 1976 to see if the trailer is removed. We will recommend to the City Council that this year's license be approved and attach this letter as a stipulation for approval. Failure to remove the trailer may jeopardize your annual license renewal If you have any questions, please feel free to contact me at 571-3450, extension 171. Sincerely, ERROLD L.VARDMAN CITY PLANNER JLB/de P4 e�f F e � R 5C AJ 16q a � � ti :y .i v � • � j n !`t �• ; 2 \ - A • D In r'Ir j ;� y Q e Planning Commission Meeting - Novembe ° 22, 1972: Page 6 MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the Public Hearing date of December 6, 1972 for the Rezoning Request, ZOA #72-12, by James Lund Construction Company, Inc. Upon a voice vote, all voting aye, the motion carried unanimously. CONFIRM PUBLIC HEARING DATE OF DECEMBER 6, 1972: Request for a Special Use Permit, SP 4,72-19, by Frank Gabrelcik for Lots 6 to 10, Block 28, and Lot 16, Block 21, Hyde Park Addition to continue the Used Car lot and permit inside garage repairs. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the Public Hearing date of December 6, 1972 for a Special Use Permit, SP #72-19, by Frank Gabrelcik. Upon a voice vote, all voting aye, the motion carried unanimously. . 9. LEAGUE OF WOMEN VOTERS: Nature Center presentation by Barbara Hughes. For the first part of the program, Mrs. Barbara Hughes showed maps and letters prepared for the League of Women Voters which "shows about everything you'd want to know about a Nature Center. The slides showed what some of the surrounding communities were doing with their nature cancers. There were also slides of Fridley's North Park area. Her talk was well prepared and interesting. The Chairman thanked her for the presentation. 10. FINAL REVIEW OF THE COMPREHENSIVE PLAN FOR THE CITY OF FRIDLEY : Jerry Boardman told the Commission that basically the Plan is the same as before. There is a correction on the Land Use Table on Page 9. The correction basically given had taken into account the rates shown on the study were the same as before, but they found out the rates were less. The difference being an increase in residential property from 25.2% up to 34%, which was basically what they had the first time they came in. A1.1 other changes made were as the Planning Commission directed. Tim Breider, Councilman of Ward #1: He was at the meeting in order to explain any changes the Council might have. One concern in the area of study was the North section known as North Park and the expansion of the storm sewer facilities in that area. His personal opinion was that he would like to see the area remain as an open ponding system rather than a pipe system, regardless what is set up. He did not know how big a piece of property they have to talk about. Then there was the Church of Saint William who own quite a large piece Qf undeveloped property, two or three acres, behind Moon Plaza. He thought there was nq plan for this area. The church is wondering what they might do with the property. You might include in this plan a motion what would fit beet her¢, whether high rise, duplex or multiple. There was further discussion relating to the Spring Lake Park Court decision that has yet to be decided, the cost of the storm sewer with or with- out a favorable decision, the ecological effect of surface drainage and storm sewer pipes in reference to the North Park area. w Planning Commission Meeting - December z, 1972 Page 6 6. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP ##72-19, BY FRANK GABRELCIK: To continue the existing Use as a Used Car Lot and conduct an lnsi e Repair Garage Shop to be located on Lots 6 thru 10, Block 28, and Lot 16, Block 21, Hyde Park Addition per City Code 45.101, 3 B, D and G. MOTION by Fitzpatricyc, seconde:i by Schmedeke to waive the reading of the Public Hearing Notice for the request of a Special Use Permit, SP #72-19, by Frank Gabrelcik. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Gabrelcik and Andrew Kohlan, representing Mr. Gabrelcik, were present. Mr. Kohlan said it was his understanding that the reason for this request was because the ordinance has been amended to require a Special Use Permit for a used car lot. This property has been used for this purpose for a long time with the exception of the one lot North of 58th Avenue (Lot 16, Block 21) and the two lots on the South end of the property, Lots 6 and 7, Block 28. The purpose is to establish some guide lines on the use of the land. Chairman Erickson said this property is presently zoned C-2, general business. lie wondered why he needed a Special Use Permit then. Mr. Kohlan said the business is a legal non-conforming use that has been established for some time, in fact, long before the zoning ordinance itself was established. There is a licensing requirement and one of the requirements for obtaining a license is to get a Special Use Permit. Mr. Clark said the grandfather clause applies to Lots 8, 9 and 10. Mr. Gabrelcik had just purchased Lots 6 and 7 a couple of years ago and also the one lot on the North side of 58th Avenue. Mr. Kohlan said they have been asked to show what part of the lots are used and what part of the lots are to be left vacant. Mr. Schmedeke asked if these requests covered two businesses. Mr. Kohlan said the inside repair shop is leased. One part of the building is used for the repair business and the other part by the used car lot. Mr. Kohlan said there was an annual reviewal for the license required, but if the Special Use Permit was granted that would continue in effect. Mr. Minish said the number of cars on the lot seems excessive, and the lot untidy. If the Commission takes action on this request, they would want this condition improved. Mr. Clark said what is needed is a plot plan on how he intends to use the property, There is a new licensing ordinance on used car lots, but he didn't know if it was adopted yet, as a reading and publication had to take place. Chairman Erickson said the Special Use Permit could be issued under the present ordinance, but the Commission should have a plot plan showing where the existing building is and what lots will be used for the used car lot. Mr. Clark said if Mr. Gabrelcik would come in, the City Staff would work with him to prepare Chip plot plan. Planning Commission Meeting - December 6, 1972 Page 7 MOTION by Minish, seconded by Zeglen, that the Planning Commission continue the Public Hearing for a request for a Special Use Permit, SP #72-19, by Frank Gabrelcik until December 20, 1972. Upon a voice vote, all voting aye, the motion carried unanimously. 7. SCHEDULE MEETINGS FOR FRIDLEY MUNICIPAL COMPREHENSIVE PLAN: Mr. Darrel Clark said we have called several communities to see how they scheduled their Comprehensive Plan hearings. All had only one hearing except Richfield. They said they have been having hearings for two years and if they had it to do over again, they would have scheduled it for the one meeting. Most of the communities did the same as we did, dividing the City into areas. If one area needs more time, you can continue the hearing for that area. Mr. Clark said that in some places it went to the Planning Commission for hearings, then to the City Council for hearings, and some of it came back to the Planning Commission for more hearings. Chairman Erickson thought it would be best if the Planning Commission could have the hearings and send the plan to Council with the Commission's own recommendations. Mr. Clark said they also did not send notices to all the people. It was well advertised in the paper and editorials were written. Mr. Schmedeke thought it was important to emphasize that this is not a rezoning hearing. Chairman Erickson thought the Comprehensive Plan should be completely explained and the people told if they have any questions before the hearing to come to the City Staff. He also wanted it clear that they were not going to be there to discuss the North Park issue. Mr. Clark said probably a notice could be sent with the City calendar which will be going out soon. Mr. Schmedeke said we will be looking at a Comprehensive Plan again in three years. What we don't accomplish with this Comprehensive Plan, we will have a chance to look it all over again then. Mr. Schmedeke mentioned that some of the Planning Commission members' term of office is up the first of January. He thought it best if the present members stay on the Commission until the public hearings were through on the Comprehensive Plan. He said it would be hard for any new member to familiarize themselves with the Plan on such short notice. Chairman Erickson said he thought a letter should be sent to the City Council requesting that the new members not take office until after the Comprehensive Plan hearings. Chairman Erickson set the hearing or January 17, 1973 at 8:00 o'clock P.M. in the Council Chambers on the Comprehensive Plan. The members concurred. Mr. Clark asked Mr. Erickson if he would check the editorial for the paper and it would be shown to the other members before it goes to the papers for any additions they might want to make. F Planning Commission Meeting - December 20, 1972 Page 7 Mr. Hubbard said the neighbors said they did not object, but the City wants a service drive there, and because of that they are denied the use of their property. Chairman Erickson wondered if there was some way of allowing the third bay. If so, it would give the City time to solve the traffic problem. Mr. Fitzpatrick said the whoe thing is brought about by the Commission's misgivings about this proposed solution to the traffic problem. He would like to point out to the Union Oil Company that what they were requesting might make a bad situation worse, although it was not relative to the Comaission's problem. Chairman Erickson said he had asked for an opinion about the feasibility of changing the Ordinance adding a non-conforming Use without rezoning. This is a possible solution to their problem. 4. CONTINUED PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMI SP #672-19 BY FRANK GABRELCIK: To continue the existing Use as a Used d conduct an fnside. Repair Garage Shop to be located on Lots 6 through.10, Block 28, Lot 16, Block 21, Hyde Park Addition per Code 45 .101, 3B, D and G. Public Hearing open. Mr.. Frank Gabrelcik and attorney, Andrew Kohlan were present. Mr. Kohlan explained that the problem seems to be ownership of the land and that the proper people be notified. Lot 6, Block 28, Hyde Park Addition, does not oo down to the South end of the property. Lots 12 and 13, Block 2, City View Addition, are included in Mr. Gabrelcik's property and so to the extent that any additional notices should be given on that petition, they would be covered. They have not lost any time on the request in this respect as he wants to use as much of his property as he needs . Any agreement for the Southern end of the property probably should be left open. Lots 12 and 13, Block 2, City -View Addition, go down to 57th Place - Country Kitchen. Chairman Erickson asked what property was presently being used. Mr. Kohlan answered that almost all of it. On Lots 12 and 13, Block 2, City View Addition, the Western part has private homes. He produced a certificate of survey which show houses on Lots 10 and 11, Block 2, City View Addition, and that a fence encroaches on Mr. Gabrelcik's property. Chairman Erickson stated that the understanding is that Mr. Gabrilcik has used Lots 6 through 10, Block 28, Hyde Park Addition, for his used car lots . Was it correct that he was not asking for any Use on Lot 16, Block 21, Hyde. Park Addition. Mr. Clark said that the problem is that there is some difference of opinion what Mr. Gabrelcik has been occupying for twenty years . The licence granted about a year ago stated he owned the North Half of Lots 7, 8, 9, and 10. He was to petition to get a Special Use Permit on Lot 6 and the South H-�1f of 7 and ,-arts of Lots 12 and 13. He states he has been using Lots from 6 ;:Brough 1Q fc?r uivtnty years . Planning_Commission Meeting - December 20, 1972 Page 8 Mr. Kohlan said that as far as rezoning is concerned, and the Special Use Permit, under the grandfather clause there would be no question what ever he had used previously. He showed a sketch of the building, where the cars would be parked, and the portion of Lots 12 and 13 that would be used. Mr. Zeglen said that when he drives by, he sees the same cars in the streets . Who owns them? Mr. Gabrelcik answered that some were his and some the customers , Mr. Fitzpatrick said the Commission's sketches show Mr. Gabrelcik owns all of Lot 13, but the Highway has taken some part of it. Mr. Clark said the parking stalls meet the code as far as the setback of twenty feet from the street and a certain size aisle. If he wishes to park cars closer to the buildings and street he should get a variance. Mr. Kohlan said they were practically condemning that kind of business , Mr. Minish asked if they were talking about 39 cars or more. Unless the petitioner comes up with what he intends to do, it is almost impossible to act : Chairman Erickson said the Commission would like a proposal on how he wants to park the cars in the area. Mr. Gabrelcik should get a copy of the contract that shows ownership of all his land. He felt the Hearing should be continued until that information is received. Mr. Minish said that if the cars are parked on the street (58th Avenue) why not get the street vacated? Mr. Kohlan said he did not think the vacation of the street should be a factor at this time. MOTION by Minish, seconded by Zeglen, that the Planning Commission continue until January 24, 1973, the Public Hearing of the Special Use Permit, SP #72-19, by Frank Gabrelcik to continue the existing Use of the Used Car Lot and conduct an inside Repair Garage Shop to be located on Lots 6 through 10, Block 28, Lot 16, Block 21, Hyde Park Addition, per City Code 45 .101, 3B, D and G, and republish the Notice of Hearing including Lots 12 and ',13, Block 2, City View Addition, and h hat Mr. Gabrelcik bring in a sketch on howhe wants to use the property and bring evidence of' ownership of the property. 5 . PUBLIC, HEARING- REZONJ:NG REQUEST, ZOA #72-13 BY CITY P FRIDLEY- Part of Outlot H, generally iodated on the Nor side of I #694 and 800 feet West of the East City Limit to be rezoned from R-3A (apartment and multiple dwellings) to C-2S (general shopping areas). 6. PUBLIC HEARING: REQUEST FOR A SPECIAL USE PERMIT, SP #72-20, BY CITY OF FRIDLEY- To permit installation of an ,advertising sign in an C-2S District to be located on Outlot H, Innsbruck North, generally located on the North side of I #694 and 800 feet West of the East City Limits . Roger B. Redmond represented Viewcon, Inc. MOTION by Schmedeke, seconded by Fitzpatrick. that the Planning Commission waive the reading of the Public Hearing Notices for the Special Use .Permit , SP #72-20 by the City of Fridley and the Rezoning Request, 20A #72-13, by the City of Fridley. Upon a voice vote, all voting aye, the motion carried unanimously. ti CITY OB FRIDLEY PLANNING COMMISSION MEETING JANUARY 24, 1973 PAGE 1 CALL TO ORDER: Chairman Erickson called the tweeting to order at 8:00 P,M, RECALL t Members Present: Erickson, Schmedeke, Ze$len, Fitzpatrick, Minish Members Absents None Others Present; Darrel Clark, Community Development Administrator Jerrold Boardman, Planning Assistant RECEIVE PARKS AND RECREATION DEPARTMENT QUARTERLY WORK REPORT; October, November,, December, 1972 LOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission receive the quarterly Parka and Recreation Department Work Report for October, November and December, 1972, Upon a voice vote, all voting aye, the motion carried unanimously. 1, CONTINUED PUBLIC HEARING: RE MLISHED, REQUEST fOR A SPECIALS USE PERMIT SP #7240, BY FRANK GABREL IK: To continue the existing Use as a Used Car Lot and conduct inside Repair Garage Shop to be located on Lots 6 through 10, Block 28, and Lot 16, Block 21, Hyde Park Addition, and loot 12 and 13, Block 2, City View Addition, Per Code 43,101, 3 B, D, and C. Mr. Frank Gmbrelcik waspresent, Chairman Erickson asked Mr, Gabrelcik if Mr, Kohlan would be present tonight. Mr. Gabrelcik said he hadn't heard from him and didn't know if he would come or not, Mr, Erickson asked if it was agreeable with the petitioner to wait and see if he came, Mr, Gabrelcik agreed, Chairman Erickson said the other items on the agenda shouldn't take long so they would go on to the next item, 2. REQUEST FOR A LOT S MITI L.S. #73-01, ROBERT SCHROERt Lot 3, Block 21 East Ran;h Estates 2nd Addition, Mr. Robert Schroer pas present Mr. Schmedeke said this item was on the agenda of the Plats and Subdivisions - $treats and Utilities Subcommittee agenda tonight. What it amotnte to is to split off the South 204 feet of the East 200 feet of Lot 3 , Bloch 2, East Ranch Estates 2nd Addition, to construct a structure, Mr, Darrel Clark said this property is just North of Capp Homes, a Planning Commission Meeting - januaEj 24 1973 R Pa&L 3 3, yACATION REQUEST: SAV #73-01, BRYANT-FRANKLrIN CORPORATION, To vacate drainage and utility Basement on the Southerly 3 feet of Dots 13 through 16, Block 31 Rice Creek Terrace Plat 2. Mr, Darrel Clark sail this vacation request should be on the agenda with the rezoning request which will be on the February 7th agenda, They won't want the vacation if the rezoning isn't approved, MOTION by ri tzpatrick, seconded by Minish, that the Planning Commission continue the vacatign request, SAV #73-01, Bryant4ranklin Corporation, to vacate drainage and utility easement on the Southerly S feet of Lots 13 through 14, Block, 31 Rice Greek Terrace Plat 2, until February 7, 1973. Upon A voice vote, all voting aya, the motion carried unanimously, 4, REQUEST FOR A LOT SPLITS L=S. #73-02, STATE LAND AND DEVELOPMENT C.OMPANY.3. Block 10, Hamilton's Addition, Mr, Darrel Clark said the City Clerk does not have to split assessments until d lot split hae bees, approved, This is the property of Paul Burkholder, and this request will officially approve the development of Land between the petitioner and the cemot ary. Mr, Fitzpatrick said the alley vacation was approved but not the street vacation, The Planntag Commission was confused on the description of the Lot split because no lots were mentioned, 14r, Clark said there has been some problems with the survey but Mx, Burkholder bought 234 feet of this block no matter how it is dessribed. MOTION by Schmeda'ke, seconded by Minish, that the Planning Commission recommend to the Council approval of the request for a Lot split, L,S, #73-02, by $tate Land and Development Company, to split off the North 234 feet of Block 10, Hamilton's Addition, Upon a voice vote, all voting aye, the motion carried unanimously, Mr. Bricksoq asked Mr, Cabrealcik if Mr. Kohlan was coming, Mr. Gabrelcik answered that he hadn1t spokeA to Mr, Kohlan since the last meeting, Chairman Brickaon said they would continue the Public Hearing on Mr. Gabrolcik's request for a Special [Tse Fermi,t at this time, Mr. griokson said the last time you were in, Mr, Gabrelcik, we asked for a sketch of the proposed use of your lay-out, Do you have it? Mr. 44breloik said hes hadn't drawn any sketch, Mr, Zrickson said we alsQ asked for proof of morohtp on t#o iott you are using or wish to use so we would know what part of y9mr property tq covered by the grandfather clause, Mr. Oabrelctk said he brought fome tax statements, would they do, Chairman Ericksrn said he didn't }mow it they would or not, but the Commission would look at them, , Chairman Fxtokapn as sd Mr. 04brolcik why he hadn't brought a sketch of Planning Commission Meeting - January 24 1973 Page 4 his property, Mr. Gabrelcik said the City was making up a sketch, Mr. Clark said they have made a sketch but they didn't think Mr, Gabrelcik would like it, Chairman Erickson examined the tax statements, The tax statement for Lot S and the Sh of 7 is in the name of Carl Sorenson, Prank Gabrelcik getting the tax statement; the N� of Lot 7 and all of Lot 8, is in the name of Raymond Meggit, Mr. Gabrelcik getting the tax statement; Lots 9 and 10 are in the name of Carl Sorenson, Contract Purchaser, Harry Johnson, Mr. Gabrelcik getting tax statement; Lot 16, Block 21, is the State of Minnesota, Mr. Gabrelcik getting tax statement; Lots 12 and 13, Block 2, City View Addition, in the name of Carl Sorenson, Mr. Gabrelcik again getting the tax statement, Chairman Erickson said that according to the County, you don't have title to very much, Mr. Gabrelcik said he just hadn't got over to the County to register the deeds, Chairman Erickson said there were two things the Planning Commission specifically asked for; one, evidence of purchase of the property, and this to me is not evidence, You may very well have title to this property, but we are interested in when you got ownership of the property you have purchased. We also asked for an outline on how you plan to use this property, which you have not furnished, Mr. Gabrelcik said he was only asking to use Lots 12 and 13, in addition to what he was using before. Mr. Erickson asked if Mr, Kohlan was still Mr. Gabrelcik's attorney, Mr, Gabrelcik said he guessed so. He said he didn't know who appointed Mr. Kohlan or anything, Mr,, Erickson asked then why was he here before represent- ing you, Mr, Gabrelcik said he didn't hire him to represent him, he thought someone had appointed him, Mr. Gabrelcik said he paid a lot of money for the property he has and pays a lot of taxes on this property and now the City says he can't use it , Chairman Erickson addressed Mr, Gabrelcik and said you are here asking the Planning Commission to give you permission to expand your used car lot to two lots North of 58th Avenue and to one lot South of 57� Avenue, that you haven't been using before, as I understand it, Is this right or wrong? Mr, Gabrelcik said he has been using these lots for years but illegally, I guess , I 'm asking to use Lots 12 and 13 because they aren't covered by the grandfather clause, Mr. Schmodeke said he hadn't intended to get involved in this but he said he had copies of minutes of meetings by the City thst go back several years , Over ten years ago the property East and West of University Avenue in this area was described as an eyesore, In the minutes of April 12, 1971, the City Engineer stated that the last time Frank's Car Lot had been in for a license, he had taken pictures shcwing cars parked on City streets and junk on the lot , Later the cars had been removed from the treet. Mr . Schmedeke said that as phairman of the Plats and Subdivisions - Streets and Utilities Subcommittee, he thought it would be proper to ask for a survey of this property, There are some lots in City View that have peculiar boundaries . The Planning Commission should be more informed before we act on something of this nature, Mr. Schmedeke didn't think Block 21 should be included in the Special Use permit as far as the street or alley is concerned, until the S Planning Commission Meeting R 4anuary 24 1973 Page S traffic pattern was firm in this area. He continued that Mr. Gabrelcik needs some sod around his building, sod around the sidewalk area, some planting of evergreens, some existing trees removed, and the junk and lumber cleaned up as itis very unsightly. He said Mr. Gabrelcik should decide what type of business he wants on the lot. He has four businesses now; used cars, body repair, truck repair and a cab business . If we get a survey of this property, I think we will need some planting to protect the neighbors to the South. These are things we require of everyone else, and we should treat everyone alike. Chairman Erickson said to Mr. Gabrelcik that you say you're not actually asking for anything, Mr. Gabrelcik answered that he wants to use Lots 12 and 13, Mr, Erickson said then you are asking for something, expansion of your used car lot, Then we understand each other, Chairman Erickson told Mr, Gabrelcik if you want us to vote intelligently on this request, we should get something from you. Otherwise you're going to have to ask us to vote on the information that we have now and I can't see that that's going to do you any good. Mr, Darrel Clark said he thought we should verify what his present license covers , It doesn't cover hot 6 or the N� of Lot 7, The license request is for the N� of Lot 7, and all of Lots 8, 9 and 10, When this license went to Council, they requested Mr. Gabrelcik to get a Special Use Permit for what was covered by his existing license plus whatever else he was using, which includes Lot 6, the Nk of Lot 7, Lot 16, and Lots 12 and 13, Chairman Erickson stated that Mr. Gabrelcik said he has been using Lot 6 and the N� of Lot 7 all this time and I believe that is right. Mr. Clark asked why this wasn't included in the license request. Mr. Gabrelcik said his wife made out the license request and he didn't know why she didn't include these lots . Chairman Erickson asked Mr, Gabrelcik what he wanted to do, Mr, Gabrelcik said he wants the right to use Lots 12 and 13. Mr, Erickson said if the rest of the Commission feels the way I do, we're not able to make a decision on this, except adversely, unless you can show us something that we'd like to see, and that is how you intend to use the property and contracts on when you bought the property, and I'm not sure that 's going to give you what you wantp Mr, Schmedeke said it would be hard to come to any decision unless we have d survey of the lots , He understood when Mr. Kohlan was here at the last meeting, that there was some problem with a fence line, unless we know where the property lines are, I don't feel we can vote intelligently, Mr, Schmedeke said that years ago you could come in and do as you pleased, but times have shanSed, and we should have a plot plan of some kind. There are rules and regulations to follow now, Mr. Gabrelcik said when he talked to Mayor Liebl and Mr, Kohlan, he thought they were going to take care of this for me, Mr. Zeglen asked if Mr. Kohlan was representing Mr. Gabrelcik, On his request for a Special Use Permit it has the n9tatioq, if there are any questions, call Andrew Tohlan. Planning Commission Meeting - January 24 1973 Page 6 In the discussion that followed, it was determined that Mr. Kohlan made out the request and Mr, Gabrelcik signed it. Mr. Gabrelcik said he didn't ask Mr, Kohlan to prepare the request, He said when he went to Council about his license, first it Was given and then he got a notice it had been voided, Mayor hiabl came over with a list of things the City wanted Mr. Gabrelcik to agree to do to improve his property, so the license could be issued, but Mr, Gabrelcik refused to sign the agreement. Mr, Gabrelci said Mayor Diebl then told him Mr. Kohlan would help him, He said he had paid $50 for the license, and the Council asked him to request a Special Use Permit, Mr. Gabrelcik said he didn't want to spend a lot of money on the property, because if a buyer came along he would sell it. Mr. Erickson said to Mr. Gabrelcik, you are asking the City, and this • is the first step, to run a used car lot on certain property, some you',ve never used before, We've asked you for proof of ownership, which you haven't done, We've asked for a sketch of how you intend to use the property, because we're not too happy with the way you're using it now, which you haven't done, Do you want the Planning Commission to act on this now or do you want to come back and bring us this information. We can act right now, on information we don't have, and we will have to recommend denial to the Council, Mr. Gabrelcik said he hoped to move some of the cars he has and maybe he won't need to use the additional lots. Mr, Erickson said you will have to agree that when you drive by your lot, it doesn't look like a used car lot, The cars have snow on them, they're packed in there, and there to no evidence that they've been moved for some time. There is a lot of material on the lot that really doesn't belong on a used car lot, Mr. Gabrelcik say everyone tells him how to make the lot look nice. The Highway Department wants trees, Fridley wants sod; it looks like he's supposed to maintain all four corners and where is he supposed to go with the cars , He doesn't have a crew to keep the snow off the care and keep the batteries charged up and move the cars like a large operator, Mr. Gabrelcik said he would sell the property rather than make all these improve- Chairman Erickson again asked Mr. Gabrelcik if he wanted the Commission to vote on the information they had, Mr, Gabrelcik said they should go ahead and vote. I don't want to vse those lots (12 and 13) only when the regular lot is too full . it's too far away from the building anyway, I only want to use it occasionally. Mr, Clark said he still needs a Special Use Permit for the property, thea it is no longer a legal nonconforming use. I don't think you have to act on the entire parcel , Mr. Minich asked Mr. Clark if the City has a sketch of the property. Mr, Clark said we did, ane the sketch met some of the code and setback requirements . Mr, Gabrolcik didn't say if be approved or'disapproved of the sketch. Mr. Minish said the notice says to continue the existing use, but Planning Commission Meeting - January 24, 1973 Page 7 includes lots that people who got the notice, might not be aware that this constitutes an expansion of the use. Chairman Erickson asked Mr. Clark how the expansion lots got in the notice when they're not on the request, Mr, Clark answered that at the last meeting in December, Mr, Gabrelcik asked that these lots, 12 and 13, be included in the notice and it be republished, Mr. Fitzpatrick said the notice is erroneous then when it doesn't mention expansion. Mr. Clark said legally, you may have a point, but Mr. Gabrelcik says he is using these lots now. Mr, Fitzpatrick said if he got a notice saying to continue a use, he wouldn't assume automatically that it applied to Lots 12 and 13, Chairman Erickson said it was questionable in his own mind that people would recognize the legal description. They would recognize Mr. Gabrelcik's name and the general location. MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission close the public hearing on the request for a Special Use Permit, SP #72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, and Lot 16, dock 21, Hyde Park Addition, and Lots 12 and 13, Block 2, City View Addition, per Code 45,1010 3 B, D and G. Upon a voice vote, all voting aye, the motion carried unanimously, Mr, Schmedeke said he would like Lot 12, Block 21, Hyde Park Addition, left off the motion until the decision on the street was firm. Mr, Erickson said that would depend upon the motion, Mr. Clark said from the standpoint of administering the license and Special Use Permit, the Staff would like to have a plot plan that recommended what should be followed in placement of the cars on the lot. It is impossible to administer a used oar lot or any business without a plot plan that both the owner and the City agree upon as we can't tell if there's a violation of what's agreed upon or not, Chairman Erickson asked if there was anything that can permit Mr, Gabrelcik to operate a used car lot without a Special Use Permit. Mr, Schmedeke said he can use the lots covered by the grandfather clause indefinitely, Mr. Minish said we would all be inclined to consider this .request more favorably if there was an indication of a willingness to cooperate with the City in resolving what could be charitably described as an eyesore. I suppose we could consider a layout that would encompass Lots 12 and 13, if it was coupled with an effort to restructure the whole operation, brut until that point, I would be reluctant to do anything to change anything or give him more legitimacy to his operation,. I don't want to do anything that would in anyway put Mr. Gabrelcik out of business , Maybe holding up on the license wPuld be the way to get the information we asked for. Planning Commission Meetin + Januar 24 19,73 , Page 8 Mr, Darrel Clark said he thought that was the intent of the Council in asking Mr. Gabrelcik to ge4 a Special. Use Permit on the land he wants to use, It's twofold; one, he wants to expand on these lots that weren't on his license prior to this; and two, draw up a plot plan he could live with and the City could allow. Mr, Minish said we're prepared to work with him, but it doesn't appear that he's prepared to Cooperate in furnishing the information we requested, Mr, Schmedeke paid he had expressed his opinion earlier, aid it hadn't changed, MOTION by Minish, seconded by Fitzpatrick, that the Planning Commission recommend to Council, that based on the lack of information by the petitioner, that the request for a Special, Use Permit, SP JA72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, and Lot 16, Block 21, Hyde Park Addition, and Lots 12 and 13, Block 2, City View Addition, per Code 45,101, 3 B, D and G, be denied with the stipulation that it could be re- submitted at such time the requested information is forthcoming. Upon a voice vote, all voting aye, the motion carried unanimously, Chairman Erickson told Mr, Gabrelcik that he would suggest strongly that he go an see Mr, Liebl and try to get this worked out, I 'm confused and we're all confused, We're not too sure who's responsible for sending you here with this type of request, I think you're confused, Mr, Gabrelcik said they told me I need a Special, Use Permit, Mr, Erickson answered Mr, Gabeelcik by saying we didn't get the information from you that we requested so we couldn't vote any other way. Maybe you were misinformed. I suggest you go back and talk to the people you talked to before and pursue this matter further, This comes to Council on February 5th. Mr, Erickson said we realize we have certain problems in improving property that was in existence before the ordinances went into effect, but wherever we have a chance to improve these, I think we are going to do it. The opportunity comae whon, someone wants to expand the area of their operation. They lasthing we want t do is put you out of business, but if you are going ti expand your business, it is our duty to bring it up to more modern standards , DISCUSSION ON MUGGLI REQUEST REFERRED TO PLANNING COMMISSION BY COUTICII, . M MOT'JON by Fitapatrjc k, and seconded, that the Planning Commission receive ?the request from Council to determine the use of the triangle made by the 60th Avenue slip-off, Upon a voice vote, all voting aye, the motion carried unani.zpouply, Chairman Erickson asked if the Planning Commission was supposed to act on the letter from Mr, Muggli , Mr, Darrel Clark said he had spoken to the City Engineer and if Mr. Muggli wants to petition for vacation on a portion of the right of way and show how he would use it, we couln act on the petition pro or con, Planning Commission Meeting February 7, 1973 Page 7 hardware was just one of the proposals for this property. What he wanted to do was develop this particular property, and he thinks he has demonstrated his willingness to work with the property owners in the area. Mr. Schmedeke said this proposal will create more traffic problems . I know we will have more traffic with the development of the Riedel property. I do not want any more commercial property in this area. I blame the City for bringing this up again, They know the people in this area are opposed to any rezoning and they ,just keep agitating them. There is a drainage problem, and that's why I suggested an apartment, because a developer could afford to take care of this drainage problem. When something goes into a commercial area, we say the traffic problem has to be solved. With this development, running traffic through a residential neighborhood is almost a must . For these reasons, I will have to vote no to this request . MOTION by Schmedeke, seconded by Minish, that the Planning Commission recommend to Council,, denial of the request to rezoning, ZOA #73-01, by Brya,at-Franklin Corporation, on Lots 13 through 16, Block 3, Rice Creek Terrace Flat 2, to rezone from R-1 (single family dwelling units) to C-R1 (general offices and limited business). Mr. Minish said there were several factors against this request. The first, was the petition signed by almost all the property owners in the area, The surrounding, area has been developed R-1, and there was no strong or impelling reason for rezoning. There has been no effort to sell the property for R-1 use. The last, was the recognition of the traffic problem, and it was desirable to inhibit the amount of traffic on 66th Avenue. This would put an additional burden on Mississippi, and expand the present traffic problem. UPON A VOICE VOTE, all voting, aye, the motion carried unanimously. 2. VACATION REQUEST, SAV #73-01, BRYANT-FRANKLIN CORPORATION: Vacate drainage and utility easement on the Southerly S feet of Lots 13 through 16, Block 3, Rice Creek Terrace Plat 2. MOTION by Schmedeke, seconded by Minish, that' the Planning Commission recommend denial to Council of the vacation request SAV #73-01, by Bryant- Franklin Corporation, to vacl�e drainge and utility easement on the Southerly S feet of Lots 13 through 16, Block 3, Rice Creek Terrace Plat 2, because they denied the rezoning request , Upon a voice vote, all voting aye, the motion carried unanimously. v ) SPECIAL USE PERMIT FOR FRANK GABRELCIK IMr. Darrel Clark said the City Council has sent Frank Gabrelcik back to the Planning Commission with the recommendation he give the Planning Commission the information it had requested. Mr. Clark asked if the Commission wanted Public Hearing notices sent out again. Mr, Fitzpatrick said the new notice should state this Special Use Permit covered an expansion of Mr, Gabrelcik's Used Car Lot. t Mr. Clark asked the Planning Commission if he should get the requested information from Mr, Gabrelcik before this item was put on the Planning Planning Commission Meeting FebruarX 7, 1973 Page 8 + Commission agenda, The Planning Commission agreed that no notices should }. be sent out until they have the required information from the petitioner. 1 UNION OIL COMPANY ZOA #72-11, and SP #72-18 Mr, Erickson asked that the minutes of the meetings that these two requests were made be included in the next agenda for review. ADJOURNMENT: Chairman Erickson adjourned the meeting at 9:40 P.M. Respectfully submitted, Dorothy Eveyson, Secretary i i Planning Commission Meeting - February 21, 1973 Page S Mr. Nee said in studying this area he thought somehow we should get pedestrian and bicycle access to the North Park area. It would be quite remote to children. Mr. Fitzpatrick said the Park Commission is studying interconnecting paths from one area to another. Mr. Nee said that when they are developing this as an industrial area, .they should recommend something that would benefit the people. Mr. Boardman said the City Staff would be working on a Park & Recreation Comprehensive Plan and will be looking for locations for bicycle paths. Ms . Janice Seeger, 324 Ironton Street, said there should be some way to get from the park area to the Y.M.C,A; also. Mr. Minish said there were people at the first Public Hearing who were quite vocal who weren't here tonight so he thought the Public Hearing should be continued. Mr. Schmedeke said he had been told the League of Women Voters were r4uite sati6fied with the all-over plan and the Chamber of Commerce had no objections . He said he wanted to commend the City Staff for coming up with a plan that wasn't causing agitation or rezoning. He thinks it is a good guide and will suggest to the people what the City would like to see in the study areas . MOTION by Minish, seconded by Zeglen, that the Planning Commission continue the Public Hearing on the proposed Comprehensive Plan to March 14, 1973. Upon a voice vote, all voting aye, the motion carried unanimously. 2. MUGGLI VACATION REQUEST Mr. Darrel Clark said this item had been recommended to the Subcommittee and a copy of the letter sent to Mr. Muggli was included in this agenda. Mr. Muggli will be making a formal request. 3. FRANK M. GABRELCIR S.P. 072-19 Mr. Clark said a letter had been sent to Mr. Gabrelcik, which was included in this agenda. Mr. Gabrelcik was requested by the City Council to submit the information asked for by the Planning Commission. Mr. Gabrelcik has brought in the requested information and this item will be on the March 7th agenda. 4. P.D. DEVELOPMENT BY CASTLE MOBILE ;HOMES (FORMERLY HOWARD DUMPHY) Mr. Dave Rotter, representing Castle Mobile Homes, was present. Mr. Darrel Clark said this property is in the 8100 block East of East River Road. In a PD zoning all the plans should be approved before any construction begins . In the original plan submitted by Mr. Dumphy, aome of the land was R-3 and some commercial. Castle Mobile Homes wants to begin construction to the area that was designated as commercial. In order to submit the plans for residential housing individually, they should rezone from PD to R-1 . They are ready to start construction now, and Council has given them. permission for two building permits with the recommendation that they come to the Planning Commission for rezoning. As ;he rexonIng takes a couple of"months, they want permission to set building permits in that para of the PD development that was designated as commercial. Planning Commission M@eting - March 7, 1973 Page 10 Chairman Erickson said that both these buildings are the same. They were both built under a Special Use Permit and they both have requested an addition. Both should be handled the same. Mr. Clark said he feels they should be handled the same, also. At the time Mr. Minder got his permit, I wasn't involved in it, so I don't know why it could be handled this way. As far as the ordinance, they both should have asked for rezoning. I feel the way Mr. Minder went is the easiest to handle, and the most proper way, but the ordinance doesn't allow this, as I interpret it .. Mr. Erickson asked if there was any way this could be handled by the Board of Appeals . Mr. Clark said they could ask for a code interpretation. Mr. Erickson said there are three choices involved here. One is to rezone. The second choice is go to the Board of Appeals and see if the • addition could be built under an appeal, or third, get into our ordinance something that would permit alterations or improvements on a building that is under a legal non-conforming use. Nobody seems to want the rezoning, including the petitioner. All he runts is permission to build an addition. Chairman Erickson said if it is agreeable with the Commission and the petitioner, I would like to see this tabled until we can get an opinion r from the City Attorney as to whether or not this can be handled through the Board of Appeals, and if he says no, if he can't then write an amendment to our ordinance to permit something like this under a Special Use Permit . MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission continue the rezoning request, ZOA #73-04, by North Air Home Association, To rezone from R-3 (general multiple family dwellings) to C-2 (general business areas) Lot 1, Block 1, Harstad Addition, and the Southerly 150 feet of Lot 18, Brookview Addition, subject to road easement over South 50 feet, until March 21, 1973 . Upon a voice vote, all voting aye, the motion carried unanimously. 6. ETURNED BY COUNCIL: SPECIAL USE PERMIT SP #72-19 BY FRANK GABRELCIK: o continue the existing Use as a Used Car Lot and conduct an Inside ATRepair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City Code 45 ,101, 3B, D an 0. Mr. Frank Gabrelcik was present . Mr. Clark said Mr. Gabrelcik was asked by the Council to come back to the Planning Commission and supply the information the Commission had requested. Mr. Gabrelcik did bring in copies of deeds to the property. The deeds or contract for deeds are for Lots 6 through 10, Block 28, Hyde Pa=k Addition, and Lots 12 and 13, Block 2, City View Addition, Mr. Clark gave copies of the deeds to the Commission to examine. Planning Commission Meeting - March 7, 1973 Page 11 MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission reopen the Public Hearing on the Special Use Permit, SP #72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City Code 45 .101, 3 B, D and G. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Gabrelcik explained his plot plan to the Commission. Mr. Erickson asked Mr. Gabrelcik if he was proposing to rearrange his parking according to the plan presented. Mr. Gabrelcik said this is about the way the cars are parked now. Mr. Erickson told Mr. Gabrelcik he has cars parked in the aisles at present . He asked how long the cars would remain in the aisles . Mr. Gabrelcik said they would be there until he got the cars repaired or sold. Mr. Minish said some of the contractsfor deeds were dated 1970. Mr. Gabrelcik said he has been using the property for 15 years, but just purchased the land in 1970 from Carl Sorenson. Mr. Erickson asked when the building was constructed on his property. Mr. Gabrelcik said the building was about 15 years old. Mr. Erickson asked how many parking spaces are provided on the plan. Mr. Clark said there were 54. Mr.',Erickson asked Mr. Gabrelcik how many cars he has on the lot. Mr. Gabrelcik said about 70. Mr. Clark said there was an error on the presented pian in that the South driveway couldn't be located as shown. Mr. Schmedeke said we are only considering the property South of 58th Avenue now. He said he wasn't opposed to this request, but there has to be clean-up of the property. Mr. Schmedeke said there is a road going by the property now, so it is visible from the street . He said he would like to see a survey made of this parcel, and I would like to stipulate that 58th Avenue be continued as a stregt until the street plan for the area is determined . If a street doesn't go in, Mr. Gabrelcik should have first chance to obtain the property. Mr. Schmedeke said that in regard to Mr. Gabrelcik's plan, he would like to see some plantings and shrubs in the front of the building. I think we are trying to be as minimal as possible. Mr. Minish asked what would happen to Mr. Gabrelcik's operation if the Special Use wasn't granted. Mr. Clark said this Special Use Permit was asked for by the Council the last time Mr. Gabrelcik's license came up for renewal . I think it was the hope of the Council that in obtaining the Special Use Permit, the business area could be better arranged and cleaned up. Chairman Erickson said the license is up for annual reviewal, but how long does a Special Use Permit last. Mr. Clark said you can specify hqw long a period it covers . Mr. Gabrelcik needs a Special Use Permit to enlarge his use of the property as a stipulation of his license renewal Planning Commission Meeting - March 7, 1973 Page 12 Mr. Gabrelcik said he was given permission to use 200 feet of his property for a used car lot in 1971 . Mr. Erickson said that according to the legal descriptions of Mr. Gabrelcik's property, this letter covers the five lots in Hyde Park. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission close the Public Hearing on special use permit, SP 072-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and to expand the Use to Lots 12 and 13, Block 2, City View Addition. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Erickson said if the Commission did recommend approval of this Special Use Permit, we can put enough stipulations into it so that in say, three months time, if it isn't cleaned up or whatever we want done, the Special Use can be withdrawn. Mr. Clark said that before any stipulations were made he would like to make some comments because they do pertain to the Code. According to the Code you cannot park less than 20 feet from any right of way. On Mr. Gabrelcik's plan, he is parking right up to the property line on 3rd Street and 58th Avenue. Mr. Erickson said one stall could be taken out on 3rd Street and this would get the cars at least 10 feet away from the street there. He didn't think it was so important on 58th Avenue, because there wasn't any traffic there. Mr. Clark said he agreed with Mr. Erickson because it wasn't too practical to try and get this business to meet all the Code requirements . Mr. Minish asked if the boulevard would be sodded. Mr. Clark said that could be a stipulation, and also if this is going to continue to be a car lot, you could stipulate, that over a period of time there be hard surfacing of the lot and some plantings . Mr. Erickson said the license is renewed annually so the stipulations of the Special Use Permit can be reviewed annually. MOTION by Minish, seconded by Zeglen, that the Planning Commission recommend to Council approval of the Special Use Permit, SP #72-19, by Frank Gabrelcik, to continue the existing Use as a Used Car Lot and i conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addition, and expand the Use to Lots 12 and 13, Block 2, City View Addition, per City Code 45 .101, 3 B, D and G, with the following stipulations: 1 . The area cleaned up- and cars parked as shown on the plan. A 6 foot redwood fence used around the storage area on the plan. No parking on 58th Avenue. This is to be accomplished in 90 days . 4 t 2. At the end of one year (1974-1975), the parkin] lot to be graded and drained and some type of surface treatment on the parking lot . Provide landscaping. 1 3. At the end of two years (1975=1976), the parking lot should be blacktoppe4 and curbing be put in. Planning Commission Meeting - March 7, 1973 Page 13 4. Lots 12 and 13, Block 2, City View Addition, not be included in the request . 5 . No cars will be visible on the lot that are not for sale or operable. ') UWN A VOICE VOTE, all voting aye, the motion carried unanimously. 7. VACATION REQUEST: SAV #73-03, BY LAWRENCE MUGGLI: Vacate unused portion of Lots 29 and 30, Hyde Park Addition, the unused portion all being South of 60th Avenue Slip-off. Mr . Lawrence Muggli was present. Mr. Schmedeke said this vacation request was before the Plats & Subdivisions-Streets & Utilities Subcommittee a week ago. The Subcommittee recommended to the Planning Commission denial of this request at this time with the following stipulations: 1. That Lot 30 never be sold. 2. That Lot 29 not be sold until traffic pattern is solved . 3. The buyer be charged at least as much per square foot as the people in the area paid for this parcel . 4. That this parcel be sodded and planted into evergreens, including the 12 foot alley attached to the East end of these two lots . 5 . That the opposite triangular parcel created by this street, be treated in a similar fashion of sodding and evergreens . 6. That the present alley should be plowed and reasonably maintained up and including Lot 28, because of its location along Fridley's main expressway, Highway #47. Mr. Schmedeke said he wanted to make some comments on the January 22, 1973 Council minutes on the discussion with Mr . Muggli . Councilman Nee asked Mr. Muggli how he was going to use the property. Mr. Muggli stated he had no special use for the property at the present 'time. Mr. Nee suggested that evergreens be planted for a softening affect in this area. Mr. Muggli also stated that people are using this alley and drive through his property. The City has put up a dead end sign and this has eliminated that problem. Councilman Utter said he wanted the loopback and objected to the City selling the property. Mr. Schmedeke said he agreed with both Councilmen. Mr. Mugglie said he started this request to find out the standing of the plan for this street . He said that if this parcel was ever available he would like first change to obtain it. Mr. Muggli said he was the only property owner that could use this parcel . He said that if he ever sold his property, for some reason, he would want who ever owned his property, to have first chance on this parcel. Mr. Clark said it could be put in the City record to notify the owner adjoining this parcel if at any time this land would be for sale. Mr. Erickson said it would be 'possible this parcel could be sold by resolution. , REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973 PAGE 16 REQUEST FOR A LOT SPLIT: L.S,#73-01, ROBERT SCHROER: The City Engineer said this item had been taken care of at the meeting of January 22, 1973. VACATION REQUEST: SAV#73-01, BRYANT FRANKLIN CORPORATION: The City Engineer said this item was still pending before the Planning Commission. REQUEST FOR A LOT SPLIT: L.S, #73-02, STATE LAND AND REDEVELOPMENT COMPANY: BLOCK 10, HAMILTON'S ADDITION: The City Engineer said this lot split had been approved by the members of the cemetary board and the apartment complex. MOTION by Councilman Nee to concur with the Planning Commission and approve the lot split. Seconded by Councilman Breider. Upun a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. REPUBLISHED REQUEST FOR A SPECIAL USE PERMIT SP. #72-1 BY FRANK GABRELCIK: Mayor Liebl said about two to three months ago, Mr. Gabrelcik was asked to comply with several items by the City. He added that the Council had authorized the Mayor to talk with Mr. Gabrelcik. Mayor Liebl requested Mr. Gabrelcik have someone come before the Council and present his case. The Mayor said he was sure Mr. Kohlan, Mr. Gabrelcik's attorney would do this. The Mayor explained the item being the used car dealership and added Mr. Gabrelcik had been in business for over twenty years in that location. He said Mr. Gabrelcik always had obtained a license and felt he had.complied with all the necessary regulations of the City. Mayor Liebl said at this time he tried to communicate the City's wishes to Mr. Gabrelcik, stating there must be some cleaning up of the parking facilities on his property. He added, on some of the points mentioned, Mr. Gabrelcik felt he could cooperate, and on others he felt he could not afford to comply. The Mayor said in order to clarify the position of the Chairman, this is why he had contacted Mr. Gabrelcik. He added he had been authorized to do so or he would not have done so. Mayor Liebl addressed Mr. Gabrelcik, asking if the City has not tried to cooperate with him in the past, He added that the City had issued him a license and then withdrew it. He questioned Mr. Gabrelcik, if this was correct. Mayor Liebl suggested Mr. Gabrelcik have his attorney speak for him. He added, he thought the problem at present is that the Planning Commission was not aware of what Mr. Gabrelcik was planning to do with the land. He said Mr, Gabrelcik must also prove how many of the lots he owned, Mayor Liebl said the Planning Commission has no objection to the use of the presently owned lots for a used car dealership, but when he requested using additional lots, they want a survey. He expressed the hope that the Council was well aware of the details in the matter, and said he was sure they had read the minutes of the Planning Commission meeting. When Mr. Gabrelcik had appeared before the Planning Commission it was very unfortunate that his attorney was not present, Mayor Liebl called on the City attorney to explain the legal appects of the matter and also the obligations of the Council REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973 PAGE 15 Councilman Starwalt asked if Mr. Gruye was present when he was not able to be there . Mr. Gruye said this was true. Mr. Gruye added, either he or his wife are there 80'/ of the time. Councilman Nee stated he had read that Mr. Gruye had been advised by someone in City Hall that this activities were alright. Mr. Gruye said this was true, he had been told if it were kept at a small scale there would be no problem. Council - man Nee asked him if it had been his understanding that the law would not be enforced. Mr. Gruye repeated, he thought it was alright if it were kept on a small scale. Councilman Nee asked him if he had ever operated in another City. Mr. Gruye said he had operated in Minneapolis. Councilman Nee asked him if this type of activity is considered alright there. Mr. Gruye said he had not operated under this type of license before . Mayor Liebl said Mr. Gruye had complied with the law when he was asked to do so. Councilman Utter asked if he had been advised by a City Official? Mr. Gruye said he would rather not say. Councilman Breider said this was in his Ward and he was mystified by this violation. He said he thought everyone had been operating according to the law. He suggested delaying any action at this time allowing Mr. Gruye to operate for a set period of time and reviewing his method of operation at the end of the period. MOTION by Councilman Breider that the suspension and/or revocation of the license be 'tabled for 60 days and at the end of the 60 days the administration review his operation and present a report M the Council, and if any further violations occur during this time, license will be denied. Seconded by Councilman Starwalt . Councilman Breider clarified his meaning of a violation stating if he were to Tremain open past 1 :00 A.M. , or if there were any gamblin; violations, this would constitute a violation. He added, if for some reason t ere were a disturbance at his establishment, Mr. Gruye would not be criticized if he needed protection or aid from the Police Department. In these cases, Councilman Breider added, we would expect him to call the Police to stop trouble . Mayor Liebl agreed, stating this protection is due him under the law. The City Manager said that no City employee had said a little gambling was okay. UPON A VOICE VOTE , all voting aye, Mayor Liebl declared the motion carried unanimously, MCEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 17, 1973; DJOTION by Councilman Nee to receive the minutes of the Planning Commission Meeting of ,January 17, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. UCEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF JANUARY 24, 1973: Mayor Liebl called on the City Engineer to explain the action of the Planning Commission, The City Engineer said that item number one of the meeting has been discussed at the end of the Planning Commission Meeting and he would discuss the special use permit request by Mr, Gabrelcik in that order. e THE REGULAR COUNCIL MEETING OF FEBRUARY 5, 1973 PAGE 18 Mayor Liebl called on the Ward Councilman Nee to express his views . Coun- cilman Nee said he was astonished by the minutes of the Planning Commission. He said he could not help compare this matter to the matter discussed with the management of Viking Cheverlet. He added , the Council had quite prop- erly enforced the Ordinance. Councilman Nee said he was sure the Planning Commission wanted the same procedure followed here. He added , he is not opposed to a used car lot in that location, and is in favor of sending it back to the Planning Commission and reopening it , but he thoughtthey should come up with a site plan that they can live with. Councilman Nee mentioned the existance of junk cars on the land , stating these are the type of things the neighbors object to. He rt:Neated the high standards placed on the Viking Chevrolet operation and saiu he thought the City should at least try to enforce some regulations on Mr. Gabrelcik's property. He said the Planning Commission had left the question open and he was able to return. Councilman Nee said he did not believe there was a need for prosecution. Mayor Liebl said Mr. Gabrelcik was in somewhat of a bind. He said the land had been zoned commercial and Mr. Gabrelcik was trying to sell the land, just as many of the other property owners in the area. When Mr. Gabrelcik had been confronted with the long list of requirements , the Mayor continued , he said it would cost $10,000 to conform. The Mayor said the City had given five variances to the Viking Chevrolet operation , and he said they also planned to be reasonable with Mr. Gabrelcik. the Mayor said he believed Mr. Gabrelcik was entitled to a license, the City only asked he, comply with the requirements and provide proof of ownership and present the Planning Commission with a plan. He added , all the Plan- ning Commission was asking was for Mr. Gabrelcik's cooperation. The City Attorney said he did agree in principle with what the Council and Planning Commission was doing. He added , he thought Mr. Gabrelcik should go back to the Planning Commission. He suggested Mr. Gabrelcik present the Planning Commission with a diagram of the boundries , driveway , and parking spaces , enabling the Planning Commission to determine a maximum number of cars to be placed in the area. He said, if there had been a map prepared , it should be submitted to the Planning Commission at their next meeting. Mayor-Liebl addressed Mr. Gabrelcik saying, the City was just trying to get him to comply with the law. He added, right now, Mr. Gabrelcik did not have a license to operate, and the City wanted him to have a license. He stressed the location is on University Avenue where everyone can view it, and they wanted him to .comply. Councilman Nee asked Mr. Gaprelcik if the statement was true that he did not want to make an investment in the area? Mr. Gabrelcik said this was true, as he was planning on selling the land. h • THE REGULAR P =ET ING OF FEBRUARY 5, 1973 PAGE 17 The City Attorney said Mr. Gabrelcik needs a special use permit on that property that was not included in the grandfather clause on the property that is now non conforming use. He added, according to the minutes of the Planning Commission, they had requested certain information and they did not receive this information. He continued , the Planning Commission asked if hewas going to submit this information or should they act on the information they had. Mr. Gabrelcik said he was not going to fur- nish this information and they should act on what ttrey had. Acting or the available information, the Planning Commission denied the special use permit. He added, it seemed the Council had two alternatives , one to advise Mr. Gabrelcik to again appear before the Planning Commission, providing the information they requested enabling the Planning Commission to determine whether a special use permit should be issued. He said tie other alternative would be to advise the attorney to take action on the violation of carrying on a used car operation without a special use permit. Mayor Lieb) addressed Mr. Gabrelcik stating the Planning Commission re- quests. He said they had asked for evidence of purchase of the property , title to the property , evidence of when he had acquired the property and a plan on how he would like to use the property. The Mayor continued , Mr. Gabrelcik had indicated he wanted to use lots 12 and 13 in addition to the lots he had been using, and for the same purpose as he had been using the others. Mayor Liebl called on Mr. Gabrelcik's attorney , Mr. Kohlan. Mr. Kohlan said it had been unfortunate that he had gotten a last minute commitment and was unable to represent Mr. Gabrelcik at the Planning Commission meeting. He said according to the minutes the Commission wanted some absolute deeds. Mr. Kohlan said as he saw it there were two problems ; one, the special use permit which would enable Mr. Gabrelcik use lots 12 and 13 without relying on the grandfather clause, and that portion of land that was being used for a used car lot when the ordinance went into effect. The other question is that of getting the area in order or cleaning it up. He said, the Planning Commission wanted to know how much land in square feet would be in use and how many cars would normally be placed on that land. He added, there had not been much of a turn over in used cars recently , but Mr. Gabrelcik was attempting to dispose of them. Mr. Kohlan said whatever the current action, the used car lot is still going to be there, and the current action could be settled. He recommended, Mr. Gabrelcik return to the Planning Commission presenting the necessary information. Mayor Lieb] asked Mr. Kohlan who had informed Mr. Gabrelcik he needed a special use permit, was it the City Administration? Mr. Kohlan said this was his understanding. The Mayor said It had also been his understanding. Mr. Kohlan said according to the ordinances , if Mr. Gabrelcik wanted to 'use any other part of the! land not covered by the grandfather clause, he would have to obtain a special use permit, Mayor Liebl said this had been his understanding, as this is what the City Engineer had advised the Council at the time. f • THE REGULAR MEETING OF FEBRUARY 5, 1973 PA G E 19 Councilman Nee said the City did not want to support more of type of use in the area. Cou,icilman Breeder said the the sane with getting some of the junk cleaned u City w'as concerned cik back to the Planning p He suggested sending Mr. Gaed el - the cars in the area are not'nforf�ale Councilman Nee stated that most of on University Avenue was not too bad, but obehind athe tbuilding thereris a lot of junk, including a large stack of tires, p p`' l� Gabrelcik if he had hauled awa Mayor Liebl asked Mr. said he had. y a few loads of material and Mr. Gabre l�ik Mayor Liebl asked Mr. Gabrelcik if he thought investing 0,000 he was trying to sell was foolish. rGabrelcik said this was$)s was his fin of area ing. Councilman Nee expressed the hope that the area could eel- to the satisfaction of the neighbors. be cleanee up MOTION by Councilman Nee to direct Mr. MOuest the Planning Gabrelcik to resub.Mit his g Commission, furnishing them with the requested information and materials and placing the item on the Council agenda again next month. Seconded by Councilman ecarriedpunanimouslyY vote, all voting aye. Mayor Liebl declared the motion DISCUSSION ON MUGGLI REQUEST REFERRED TO PLANNING COMMISSION BY COUAC !L: The Mayor called on the City Engineer to present the action taken. City Engineer said the item had been referred to the lats and The Streets and Utilities Subcommittee by the PlanningP Subdivision5- Commission. CONSIDERATION OF FLOOD PLAIN ZONING: Mayor Liebl said he recommended adoption of the suggested resolution in the agenda. Councilman Nee said there had been some problems raised b the Planning Commission of the resolution ma Chairman, Mr. Erickson. He added, y y cause some damage in the area and he su the adoption questions be worked out before the adoption of the resolutionggested these The City Engineer said what the Planning the adoption of the res Commission had recommended is resolution as suggested. The Legislatures 1969 Statutes require all communities who have floods must adopt theplan when the information is made avajlable to them. He said, it will only be a matter of time until the City will be forced to adopt the resolution. The City Engineer said that accordingto Natural Resources , Mr. James Wright , Department of flood plain to obtainneflood i�sudrancdeptnaabourlthree WeEblin designating areas ir, the flood plain. He added, g triose in the weeks without actually full impact of the proposed tan, this method may not have such a plan and establish the necessaryareas. suggested making up REGULAR COUNCIL MEETING OF MARCH 19. 1971 PAGE 14 The City Engineer said the matter had been discussed at the Department Head meeting that morning and the members of the staff suggested the City require Mr. Gabrelcik sign an agreement to comply with the stipulations before the Council approves the request for a special use permit. Councilman Nee said he would agree with' this type of action. The City Manager suggested the Council table any action until the signed agreement from Mr. Gabrelcik is received. MOTION by Councilman Nee to table the action on the special use permit until Mr. Gabrelcik signs and submits an agreement to abide by the stipu- lation set by the Planning Commission. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VACATION REQUEST: SAV #73-03, BY LAWRENCE FIUGGLI : Vacate unused portion of Lots 29 and 30, Hyde Park Addition, the unused portion all being South of 60th Avenue Slip-off. Councilman Nee said he appreciated the work one by Mr. Schmedeke and he supported the decision of the Planning Co ission, but he would like to hear from r. Muggl i . Mr. Muggli s id he also concurred wi the decision of the Planning Commi- ssion, but ha wanted some stipule ons by the Council to clarify his position. He id he was happy th the decision of the Planning Commi- ssion. He said here is a dee end and the property is useless unless some other plans ome into of ct. He said he was concerned with the land becoming avai able for ale now or some time in the future. He said he would like first Nance t buying the property if it is ever for sale, He said he would not Ike the property split up. Mayor Liebl read the s nth stipulation of the Planning Commission: 7. Owners of Lots 2 and Block 12, Hyde Park Addition, be notified if thisro ert is eve available and this be noted on P P the City records. The City Manage said he was co cerned with -stipulation number six, stating the al ey should be plo d and properly maintained. He added, It Is not th City's policy to ma ntain unimproved alleys. He said there Is a danger he heavy equipment wo Id encroach on the area. He added, this could a an added expense if i is done every winter. He stressed, the City nly plows Improved alleys. Mr. Mu lI said he would like to clear p a point. He said the alley in question represents a special case, He aid this was on the only one way street In Fridley, and It Is not even a block long, He said this is the reason he had asked for the alley to be kept open. He said when a semi truck comes through there, it is hard to come In any other place except the alley, He said he would like some consideration. REGULAR COUNCIL MEETING OF MARCH 19, 1977 PAGE 13 The City Attorney said he had been asked to make a decision on whether rezoning would be necessary for the expansion of the building. He said it is a hard decision to make. He added, non-coAforming uses can not be expanded. He said the members of the community said they would not want to open the property to alot of other uses by rezoning. The City Attorney said to allow the expansion under a special use permit on a non conforming use would set a precedent and all other non conforming uses could be expanded without rezoning. Mayor Liebl said the Planning Commission had not taken any action on the matter. The City Attorney said he thought the matter should be referred to the Planning Commission and brought back to the Council with their recommendations. The City Engineer said he could not forsee any problems other than that of the storm sewer. He said the drainage problem must be taken care of. He said the people of the neighborbood have not responded favorably to the construction of a storm sewer. He said some money should be placed in escrow to solve this problem in the future. Councilman Starwalt said the matter should be returned to the Planning Commission unless setting a date for a Public Hearing would help in the matter. Councilman Utter said there is a water problem in a low spot on the site: The City Engineer said the expansion of the facility should be between the property owner and the City. He suggested receiving the minutes of the discussion of the item taking no action at the present time. The members of the Council were in agreement. RETURNED BY COUNCIL: SPECIAL USE PERMIT. 00072-19. BY FRANK ASRELCIK: To continue the existing use as a Used Car Lot and conduct an Inside Repair Garage Shop, to be located on Lots 6 through 10, Block 28, Hyde Park Addltion, .and expand-the-Use to- Lots 12-and `13, ,5tock*2; 'Ctty View Addition, per City Code 45. 101 , 3B, D and G. Councilman Nee said there should be some area of compromise in this matter. He said the�e had .been no effect of cleaning up the area and there is no evidence that-. if is going to be different. He said the area looks credible from the highway, but the assault on the neighborhood is incred- ible. He said the entrance is blocked by litter and weeds and the boule- ' vard is also a mess. He Said he had no reason to think the conditions were going to change. He said he would not like to take any action on issuing a permit, he would like to waft on the matter. • Mayor Liebl said the Planning Commission had stipulated that lots 12, and 13, Block 2, not be included' in the request. He said ,the Planning Commission said thty would not like him to infringe on the new land. w REGULAR COUNCIL MEETING OF APRIL 16, 1973 ? PAGE 20 RECEIVING THE MINUTES OF THE NORTH PARK COMMITTEE MEETING OF APRIL 5. 1973: MOTION by Councilman Breider to receive the minutes of the North Park Committee Meeting of April 5, 1973. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. APPROVAL OF A LETTER TO ANOKA COUNTY HEALTH DEPARTMENT REQUESTING THEY ISSUE CITATIONS FOR VIOLATIONS OF MUNICIPAL HEALTH ORDINANCE: MOTION by Councilman Breider to approve the letter. Seconded by Councilman Utter. Upon a voice vote, all voting aye , Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF AGREEMENT WITH FRANK GA3RELCIK S P 2-1 FRANK'S USED CAR LOT: Mayor Liebl asked the City Manager if he had any recommendations. The City Mana- ger said Mr. Clark had handled the matter. He said it had been worked on by tl..<_ Planning Commission and Mr. Clark. The City Manager said an agreement had been sent to Mr. Gabrelcik. He said Mr. Gabrelcik was present at the meeting. Mr. Clark said Mr. Gabrelcik had been in his office last Friday. He added, some of the stipulations he would not agree with. He said he would like Mr. Gabrelcik to tell the Council his opinion on the agreement. Mayor Liebl suggested going over the stipulations one at a time. Mr. Gabrelcik said he would not think the idea of fencing would be too bad if he were able t6 use slats or chain with metal or wood inserted for screening. He said he had a few things that are not taken care of but he had tried to put everything he could in the fenced area. Mayor Liebl asked Mr. Gabrelcik if he had taken care of any of the items. Mr. Gabrelcik said he had a few more cars there, but he hoped to clear out some of the stock. Mayor Liebl' asked him -if he" had- 'removed the "cars on 3rd Street. Mayor Liebl said all of the cars on 3rd Street and also 58th Avenue are to be removed before July 1 , 1973. Mr. Gabrelcik said he may need an extension in time, but he would surely try to meet the deadline. Councilman Nee asked if the fence could be up by July ] ,* 1973. Mr. Gabrelcik said he would try. He said the taxes had gone up, and he would have trouble putting up the fence. Mayor Liebl asked Mr. Gabrelcik if he was trying to sell the property? He said yes. He added, there may be someone interested in it that would want to use it for some other type' of business. Mayor Liebl asked Mr. Gabrelcik how many years he had been operating the business in that location? Mr. Gabrelcik said 23 years. Mayor Liebl said he had been paying taxes on the property for 23 years. Mayor Liebl asked Mr. Gabrelcik if he planned to have the business next year. Mr. Gabrelcik said he would if he could not sell it, REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 19 RECEIVING THE MINUTES OF THE BOARD OF APPEALS MEETING OF APRIL 10, 1973: REQUEST FOR A VARIANCE OF SECTION 45.013 FRIDLEY CITY CODE TO REDUCE THE REQUIREMENT SIDE YARD SETBACK FROM 15 FEET TO 6 FEET TO ALLOW THE CONSTRUCTION OF AN ADDITION SHOREWOOD INN, 6161 HIGHWAY #65 BY WILLIAM NICKLOW: Mr. Clark said this had been previously discussed and was concerning the request by the Shorewood Inn and would be brought back at the next Council meeting. REQUEST FOR A VARIANCE OF SECTION %56.05 3C, FRIDLEY SIGN ORDINANCE TO INCREASE THE SIZE OF AN ALREADY NON-CONFORMING AREAIDENTIFICATION SIGN FROM 279 SQUARE FEET 110 FEET MAXIMUM) TO 312 SQUARE FEET TO ALLOW THE ADDITION OF TWO PANELS ONTO THE SKYWOOD MALL AREA IDENTIFICATION PYLON BY SIGNPRAFTER`S, INC. : Mr. Clark sai the Board of Appeals had recommended the request be denied. He said the Board of Appea hoped the administration and the owner of the shopping center could workout plans f r a new type of Oign. He said they would like to see a uniform type of construction wh a directory.; A representative of he sign compjan.y said there are 15 of 20 signs out there now, he said he thought th e was roo� for one more. He said the business needs the sign or they would not ask r it. I r Councilman Starwalt asked 'f the =denial would prevent the business from constructing a sign for six months? The CityjAttorney said not on a sign permit. MOTION by Councilman Starwalt o� concur with the Board of Appeals and that the staff will be directed to work with t property owner and tenants for the satisfactory solution to the sign problem. The representative of the sign cIompa said he had tried to work with the owner of the shopping center for five ye rs to ild a new sign and it has not worked. SECONDED by Councilman Utter. pon a voi vote, all voting aye, Mayor Liebl declared the motion carried unanimously. o REQUEST FOR VARIANCE OF SECTION 45.053 4 B4 FRIDLEY CITY CODE TO REDUCE THE REQUIRED SIDE YARD ADJOINING AN ATTACHED GARAGE FROM 5 ET TO 4 FEET 9 INCHES: i TO ALLOW THE CONSTRUCTION OFA WELLING AND GARAG TO BE LOCATED AT 1653 BRIARDALE ROAD N.E. BY RICHARD MILLER HO S: Mr. Clark said the variance was from five feet to 4 feed 9 inches. Mr. Clark said there was also more to the item. He said there must be a vacation ordinance processed. too. He said the foundation is ight on the lot line. He said this was a vacation of the easement. MOTION by Councilman Starwalt to grant the side yard variance, to Richard Miller Homes. Seconded by Councilman Utter. U on a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously.. MOTION by Councilman Breider to receive the minutes of the Board of Appeals meeting of April 10, 1973. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the m9tton carried unanimously. REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 21 Mayor Liebl referred to item number six saying the entice drive should be black topped by July, 1975. He told Mr. Gabrelcik if he is still in business two years from now, it wouldhave to be blacktopped and curbing would have to be installed. Mr. Gabrelcik said he would not like to do this if he could get a buyer for the property. He said he would be putting curbirrg through the middle of the property. Councilman Nee said the things they would expect to have done may work. He agreed with the deletion of item number six at this time. Councilman Nee said he would like to see some area in which he was helping the neighborhood. He continued, saying he had just been by the property and all of the trash was still there. He said he would like to see some example that something was going to be done. Councilman Nee said the present condition is not fair to the neightbor- hood. M=.vor Liebl asked Mr. Gabrelcik if he would agree to some of the stipulations? °said he was not talking about the $10,000 items , but those as not parking cars on 59th? Mr. Gabrelcik said yes, he was working on this item. `i'ION by Councilman Nee to table the matter until the meeting of May 7, 1973. Mayor Liebl asked Mr. Gabrelcik if he would do some cleaning up? Mr. Gabrelcik said the fence would take care of a lot of the material . Councilman Nee asked Mr. Gabrelcik why he needed all of that junk and where he planned to put it. Mr. Gabrelcik said he planned to put it within the fencing. Mr. Gabrelcik said he was required to maintain four sides of his property. He added, there is no alley. He said all others have an alley and some place to park. Councilman Nee said if he lived there and brjught his mother there for the first time he would not be very proud of the neighborhood. He said the other people in the neighborhood are working at the pr,)ject. Councilman Nee said Mr. Gabrelcik is the one who is creating the problem. Councilman Breider asked if this proposal to eliminate number five and six would be agreeable if Mr. Gabrelcik would be allowed 22 months to comply with the stipulations? Cou6cilman Nee told Mr. Gabrelcik if he signed the agreement and did not comply with the stipulations , it would be a misdemeanor. Councilman Breider asked Mr. Gabrelcik if he would sign the agreement including items number five and six. Mr. Gabrelcik said he would sign an agreement to this effect when the other people in the same business have to do the same things. MOTION by Councilman Nee to execute the Special Use Permit Agree&nt with Mr. Gabrelcik, deleting items number five and six of the agreement and that the fencing be metal with slats installed for privacy. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. J REGULAR COUNCIL MEETING OF APRIL 16, 1973 PAGE 22 E�. S§: Mayor Liebl called a ten minute recess at 10:45 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 11 :02 p.m. CONSIDERATION OF CHANGE ORDER #1 FOR WATER IMPROVEMENT PROJECT #111 (MODIFICA- TION OF WELLS #3, 9, AND 11) : MOTION by Councilman Nee to approve Change Order #1 for Water Improvement Project #111 . Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. "45IDERATION OF APPROVAL OF CHANGE ORDER #M-1 TO INCREASE SIZE OF WATER SER- TO L I QUO R FROM 4" TO 6" LINE : ON by Councilman Starwalt to concur with the recommendation of the adminis- ,cation and install 6" line instead of 4" line to the Liquor Store. Seconded by Councilman Utter. Upon a voice vote , all voting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #55-1973 - APPOINTING, REAPPOINTING, AND CONFIRMING EXISTING APPOINTMENTS TO COMMISSIONS , BOARDS , COMMITTEES AND SUBCOMMITTEES FOR THE YEAR MOTION by Councilman Utter to approve Councilman Breider as Mayor Pro Tem for the year 1973. Seconded by Councilman Nee. Mayor Liebl said it had been the custom of the Council to appoint the Council- man at Large as Mayor Pro Tem, but as Councilman Utter is the Councilman at Large and had made the motion to appoint Councilman Breider, he felt Councilman Utter was in agreement with the approval of Councilman Breider. The City Attorney said this would be up to the Council . UPON A VOICE VOTE , all voting aye, Mayor Liebl declared the motion carried unanimously. Councilman Nee said he had nominated Mr. Douglas 011ila, 6310 Able Street N.E. to the Human Relations Committee and he would be able to serve, but he is not a resident of Ward one, he would have to serve as a member at Large. Mayor Liebl said he had tried to call Ms. Katherine Moss , a present member, three times and was not able to reach her. Councilman Nee said he believed Mr. 011ila would have dropped out of the commi- ttee in favor of the appointment of Ms. Moss. Mayor Liebl asked Councilman Nee If Mr. 011ila had said this. Councilman Nee said Mr. 011ila indicated he would serve on the Committee. REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 24 Seconded by Councilman Starwalt. Upon a voice vote, all voting aye , Mayor Liebl declared the motion carried unanimously. BIDS NAME AND ADRESS OF BIDDER BID BOND BASE BID COMPLRTIOV DATE Gladstone Improvement United Pac. $29,290.00 110 Cal. Days 1315 Frost Avenue. Ins. 5% St. Paul Robert 0. Westlund Ohio Farmers $28,874.00 120 Cal. Days 1781 No. Hamline 57, St. Paul Karl Dedolph Construction Summit Ins. $27,947.00 75 Cal. Days 1108 Grand Avenue 5% St. Paul Rodger Sheehy Argon;iut Ins . $29,960.00 120 Cal. Days 7091 Hwy. 65 5; Fridley WCR Inc. Gen. Contractor American Cas. $33,800.00 90 Cal. Days 4701 Regent Ave. North company 5% Mpls. Earle Weikle & Sons St. Paul Fire $21 .646.00 90 Cal. Days 2514 - 24th Ave . South and Marine Mpls. 5% B. R. Park Company U. S. Fidelity $29.600.00 75 Cal . Days 1306 West Cty Rd. F St. Paul 5j Perry A. Swenson United Pac. $23,896.00 90 Cal. Days 635 Endicott Bldg. Ins. 5% St, Paul, MN C SIDERAT COUNCIL APPROVAL OF AGREEMENT WITH FRANK GABRELCIK FRANK'S USED CARS SP 72-19 ND APPROVAL OF SPECIAL USE PERMIT: MOTION by Councilman Nee to concur with the recommendations of the administration and grant the special use permit to Frank Gabrelcik with the stipulations listed in the special use agreement and that the City enforce the agreement. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RFiOT11110 #60-1973 - IN SUPPORT OF NATIONAL GUARD AND THE RESERVE AND APPROVING LETTER TO THE NATIONAL COMMITTEE FOR EMPLOYER'S SUPPORT OF THE GUARD AND RESERVE: REGULAR COUNCIL MEETING OF MAY 7, 1973 PAGE 23 J,ECEIVING BIDS AM) AWARDING CONTKACT FOR THE :`ILDING �101,,J i'T_CAITONS TO POLICE DEPARTMENT AND E�"f'KGENCY OPERATING CENTI R _L�D, OPENED NlA1' L , 1973, 10:00 Mayor Liebl recalled and questioned if the City was to be :sing federal money for the project. The City Manager said this wa correct. Councilman Utter said Lie would like to refer to a letter he had received some time ago in regard to the communications system. He said he wondered about investing all this money in the communications center when in a couple of months the City would not be usi.ng it . lie said the City will soon be using the Anoka County Communications System. He stressed his concern for the great expendature at this time. The City Manaher s- id :ill that was being done in the conununi.cations center is blocking it from the remainder of itieDepartment. He said this would, give ivied protection from disaster. Iii. said the major part of the remodeling will be pitting in additional off:i.-:e space. He said they would also be modifying the detention center. He added, the use of the communications center would decrease when the County System is in use. Mayor Liebl asked if the City would always be dispatching? the City Manager said he thought Councilman Breider could answer the question better than he could. He said there is a question concerning the Fire Department at this time. Councilman Utter said in the letter he was referring to stated the Communication could be for the Fire Department dispatching also. He said this would be done by the County System. Councilman Utter said the only dispatching would be for Civil Defense. Councilman Breider said this system is scheduled to begin on January 1, 1974, but the City would not go onto the system right away. He said Fridley would be able to dispense with the Dispatcher on the second and third shifts. Councilman Breider added, only during the day and on an administraive level would Fridley have any dispatching at all The City Manager asked if the Police Department number would remain the same. Councilman Breider said they would be trying to retain this. Mayor Liebl said they are fortunate this system was approved. Councilman Utter said he was thinking of the additional cost and he had brought this before the Council in the past. The City Manager said solid walls have to be constructed to qualify for Federal Funds. He said the major remodeling would allow for privacy and the public would no longer be able to view prisoner handling. Councilmati Utter said the Police Department was an after thought when the Building Was built. He said there was space available after the completion and the Department decided to move into the building. He said the jail cells were relinquished. MOTION by Councilman Breider to receive the bids and award the contract for the modification of the Police Department to Earle Weikle & Sons in the amount of $21,646 plus the cost of the tank and vaporizer $995 which were not included in the Laid, 61 1 62 RE.UL-4 CCU::CIL ?F.-,'ETING OF AU'GU'ST 20, 1973PAGE 5 REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PACE 6 ti fro= such date at the annual rate of S%, The amounts designated in this � NEW BUSIAESS: seaioa may be aac?_L no more than once a year by the City Council consistent fff CONSIDERATION OF A REQUEST FROM ROBERT ENGSTROM, 455- 57TH PLACE TO FENCE VACA-sem with increased co_sts for a r..ur,icipal supervision and after a public hearing". Seccndad by Councilman Utter. STREET BETWEEN 571; AVENUE AND 7TH STREET: MOTION by Councilman Breider to receive the letter from Mr. Robert Eng Distuscicn followed commenting that this would offer the City a reasonable stre=, dated July 30, 1973. Seconded by Councilman Utter. Upon a voice vole, a:tor:ative with the cooperation of the state cable commission. The City all voting aye, Mayor Liebl declared the motion carried unanimously. Attorney and Mr. Rinkley agreed that this amendment would not adversely - affect the ordinance, and the City Attorney recommended its passage. MOTION by Councilman Breider to approve the request with the stipulation. that Mr. Engstrom maintain the area and that should the City have requested the A :L CALL VOTE, 1:ee, Braider, Starwalt, Liebl, and Utter voting aye, I fence be removed, it must be taken down. Seconded by Councilman Nee. Upon :ayor Liebl d-oclared the motion carried unanimously, a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. X:71C,N by Council=n Breider to approve the second readingand a publish the RECEIVING THE .IINUTES OF THE PL4NNING CO>DIISSIO\'*!EETISG Or 4"GUST S. 1073 crdi:.Mao=. Seconded by Councilman Utter. Upon a roll call vote, Starwalt, Lie'al, Utter, and Breider voting aye, Nee voting nay, Mayor Liebl declared Items 2 and 3 were considered together. the =oticn carried. Cr.�;c T•. ,;.�.,-.� CONSIDERATION OF A REZONING REQVL•_ST, ZOA 1,73-09, BY CENTRAL 3U?0 rARTS, 3E:.UI-CC OF ORDI1ANCE ON T114E LL-11T FOR TRUCK PARKING / REZONE LOT 10, BLOCK 1, CEN" AL VIZUT 1.1.`:03 FROM C2-5 (CZ`:r�AT S'J=n-\= AaE-,S) %. : (TA.3.'.ED i�CL'SI 6 1973): TO M-1 (LIGHT INDUSTRIAL AREAS) TO SLAKE ZONING CJSSIST"ZT WITH ^RO=TY T N S (1201 73! AVENUE N. E.): The City Attorney said he had many questions upon reviewing different types Of 'no, rhes. The first one was should parking be prohibited to all vehicles. MOTION by Councilman Starwalt to set a public hearing on September 17, 1973. 1: 'no , moat ecrtain size trucks would be restricted and would this be restricted Sec,?: Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl ca a) streets, or b) private prop_rty. The City Attorney said the third item declr., ,. L'.:c Motion carried unanimously. in gLf:sticn would be, if trucks are restricted in residential areas, what size trutt would Le restricted. Discussion followed and the consensus was � AND t the win concern was to limit parking on streets and not necessarily on i private rroperty• CONSTDERATION OF SPECIAL USE P£R:`!IT, SP #73-07, BY CEN'.'R.1L AUTO PA TS: TO ALLOW JUNK YARDS OR THE BALING OF JUNK OR F1.CS, IN A BUILDING F`CLO— ON ALL Yyour Li�l than directed the City Attorney to prepare on ordinance which will SIDES OR WHEN COMPLETELY ENCLOSED IN A SOLID FENCE, PZ-', FRID—YCITY CODE scmr azo the co-==vacs made that evening and the City Attorney felt that the 45.131, A, S, LOCATED ON LOTS 10 THROUGH 15 BLOCK 1 CENTRAL VIEW " N general conzensus .es that there was to be a prohibition on residential street (1201 731i AVENUE N. E.): for over four hours, and he would try and determine what vehicles the Co'.:nc" .ould find acceptable. The'City Engineer stated that the improvement of the property has begun and plans have been presented. Mr. Buzick from Central Auto Parts was present This item was to be considered at the first meeting in September. and the City Engineer recommended approval of the request with the following ST?T_'S P-�,:3T R-G?°.D1::G C0:4?LTANCE SdITH SPECIAL USE AGREEMENT BY FRANK CABRELCIK: stipulations: 1. Building will be metal with brick veneer. ::' IC:: by Council;-=n Nee to receive the letter from Mr. Darrel Clark, Community 2. Time table for improvements should be submitted by the applicant DaveLcc_aat Ad=inistrator, concerning the non-compliance with the agreement Discussion followed and it was decided that the im?rove=ents to the wits r:,_ :ens'-:2! stipulations by Mr. Frank Cabrelcik. Seconded by Councilman property should be finished within one year after the street is Utter. L'pca a voice vote, all voting aye, Mayor Liebl declared the motion improved. carried unanimously. 3. Drainage problem will be taken care of. 4. The fence should be improved by being painted and uniform in size. :aycr L_abl cc-=:rated that :Ir. CabrLlcik had suffered a stroke and has been 5. No cars should be piled higher than the fence. V-tti:g s -= help from his son in making the necessary improvements. The Council 6. No cars will be outside the fence. distuss_d ta_ ;atter and the concensus was to allow Mr.Caberleik further,time 7. Licensing will be needed and the applicant to meet the reSuire=ents as lea, a; Le continued to cake improvements as was noted in the Community of the license procedure. Love:op=_nt Administrator's letter. Councilman Breidor emphasized that it is very necessary that nothing be outside `O-ZION by Courcilran 1:ae to have the staff review the property October 1, 1973, the fence and it be neat and clean. a-d report to the Council. seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liobl declared the motion carried unanimously. i� 1 t ,g 64 -RZGL7AR COUNCIL ?'FETING OF AUGUST 20, 1973 PAGE 7 REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PAGE 8 MOTION by Council ma Starwalt to approve the Special Use Permit and the Building Permit with the stipulation noted by the City Engineer. Seconded AND iby Councilraa Utter. Upon a voice vote, all voting aye, Mayor Liebl declared t^e notion carried unanimously. CONSIDERATION OF ISSUING A BUILDING PERMIT FOR LOTS 10 AND 11, BLOCK 1, RICE CREEK SCEOOL ADDITION (DENNIS RANSTROM): MOTIG_T by Councilman Starwalt to receive the minutes of the Planning Commission meeting of August 8, 1973. Seconded by Councilman Nee. Upon a voice vote, The City Engineer said that he recently received a letter noting some all voting aye, Mayor Liebl declared the motion carried unanimously. action that has made it necessary for the City Council to review the action to be taken. The County has made a proposal to acquire land at a value of RE`FIVI::; THE ST_ES OF THE BOARD OF APPEALS MEETING OF AUGUST 14 1973• approximately $253.000. The land is for public use along Rice Creek as per the letter from David Torkildson, Director of Parks and Recreation of A request for variances was received by the Council with the recommendation of Anoka County. the Board of Appeals that only one variance be allowed which would be the 5 foot variance on a side yard for parking. If the Building Permit to Mr. Ranstrom is issued, this will make the acquisition by the County more expensive. Discussion then followed and the Mayor asked Mr.iq_:an Smith was present to represent Mr. Carlson of Brooklyn Tool and discussed the City Attorney if the request can be denied. The City Attorney said the merits of the proposal and submitted the petition presented in favor of the that the City can issue the Building Permit if the applicant meets all the it:prove7.ents signed by the abutting property owners. requirements. MOTION by Councilman Breider to receive the petition. Seconded by Councilman Mr. John Daubney, Attorney for the applicants, said initially an easement needed to Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion be vacated and the conditions that followed made the financing of the original carried, unanimously. proposal impossible. A new plan has been made and no variances or vacations are needed. He said it was his understanding that Anoka County has no money Discussion followed commenting on the ability of this property owner to make available at this time, and might be able to get some around 1974, but the improve:!ants and his willingness to do so, including landscaping as well as outlook is not optimistic. the blackto?ping. The recent storm sewer improvements in the area make it possible for the expans`_on of the parking area between the buildings noted in the Mr. Daubney commented that Mr. Ranstrom at this time has a builder and a application. commitment on financing and the lot has been purchased. The County will not takeimproved property in the area and sufficient property in the area has MOTION by Councilman. Breider to approve the variance as requested with the already been acquired by the County along the Creek. fcllcwi^.g stipulations: Mr. Daubney also went on to say that the application is without need of any 1. The agreement for a common driveway be obtained. requirements for Council consideration. 2. Landscaping be approved by the City Engineer, 3. The rear yard setback to be 8� feet. Further discussion was centered around the need for a walkway easement around the creek and the applicant showed a willingness to cooperate. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Utter to grant the building permit with the following stipulations: RECEIVIN3 TEE `!=ES OF ITE FRIDLEY HUMAN RELATIONS'COMMITTEE MEETING OF JULY 20, 1973: 1. A six foot utility easement on the south 6 feet of Lot 11. MOTION by Councilman Utter to receive the minutes of the Human Relations Committee 2. The applicant agrees to submit a letter stating that the City is not meeting of July 20, 1973, and not concur with their recommendation. Seconded liable for warranting the buildability of the lot. by Ccurciiman Starwalt. THE MOTION DIED FOR LACK OF A SECOND. Discussion followed with Councilman Breider asking that if the Council is not going to concur with their recommendation that the City Council should make MOTION by Councilman Starwalt to table the request due to the possible County a reco-_endation for an alternative. General concensus of the Council was that acquisition. a number of eight for a quorum would be acceptable. The Council wished to THE MOTION DIED FOR LACK OF A SECOND. express by this motion a concern for getting more people involved in the committee. MOTION by Councilman Utter to grant the building permit with the following UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. stipulations: RECE �; TU REPORT , 1. The applicant grant a six foot utility easement on the south side I L':G STATUS _,.PG:_ 0.T THE ACQUISITION OF PROPERTIES ALONG RICE CREEK, INFOR- M TION FROM P;'?- C ':_;_Y of Lot 11. 61 62 P.EGULA2 COUNCIL WETINC OF AUGUST 20, 1973PAGE 5 REGULAR COUNCIL MEETING OF AUGUST 20, 1973 PACE 6 NEW BUSINESS: from such date at the annual rate of 8%. The amounts designated in this section may be amended no more than once a year by the City Council consistent CONSIDERATION OF A U RE EST FROM ROBERT ENGSTROM 455- 57TH PLACE T_ Q_ 0 FENCE\CE VACATED Fah increased costs for a municipal supervision and after a public hearing". Secer.'_a3 by Councilman Utter. STREET BETWEEN 57'i AVENUE AND 7TH STREET: MOTION by Councilman Breider to receive the letter from Mr. Robert Engstrom, Discussion followed consenting that this would offer the City a reasonable dated July 30, 1973. Seconded by Councilman Utter. Upon a voice vote, alternative with the cooperation of the state cable commission. The City all voting aye, Mayor Liebl declared the motion carried unanimously. Attorney and lir. Hinkley agreed that this amendment would not adversely affect the ordinance, and the City Attorney recommended its passage. MOTION by Councilman Breider to approve the request with the stipulation that Mr. Engstrom maintain the area and that should the City have requested the UPS: tLig a ROLL CALL VOTE, Nae, Breider, Starwalt, Liebl, and Utter voting e, Y.ayor Lied declared the cotton carried unal y fence be removed, it must be taken down. Seconded by Councilmau Nee. Upon y• a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ':OLIO): by Council-man Breider to approve the second reading and publish the RECEIVING THE MINUTES OF THE PLANNING CWMISSION MEETING OF AUGUSTS 1973: ordinance. Secon8ed by Councilman Utter. Upon a roll call vote, Starwalt, b_, titter, and Breider voting aye, Nee voting nay, Mayor Liebl declared Items 2 and 3 were considered together. t.._ soticn carried. CONSIDERATION OF A REZONING REQUEST, ZOA #73-09.—BY CEN ev1L AUTO PARIS OF FTRSj tF-.JTNG OF ORDINANCE ON TIME LIMIT FOR TRUCK PARKING REZONE LOT 10, BLOCK 1, CENTPL\L VIEW MLXXOR FROM C2-S SHIPPING AREAS) BLSD AUGUST 6 1973): TO M-1 (LIGHT INDUSTRIAL AREAS) TO MAKE ZONING CONSISTS T WITH PROPERTY LIES The City Attorney said he had zany questions upon reviewing different types (1201 733 AVSL,NUE N. E.): of ordinances. The first one was should parking be prohibited to all vehicles. MOTION by Councilman Starwalt to set a public hearing on September 17, 1973. If 'no', at certain size trucks would be restricted and would this be restricted Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl en a) streets, or b) private property. The City Attorney said the third item declared the motion carried unanimously. in gcesticn ::ould be, if, trucks are restricted in residential areas, what size true: would be restricted. Discussion followed and the consensus was I AND the rain concern was to limit parking on streets and not necessarily on private property. CONSIDERATION OF SPECIAL USE PLILMI'T, SP #73-07 BY CEYr-R.AL AVID PARTS: TO ALLOW JUNK YARDS OR THE BALING OF JUNK OR RAGS, IN A BUILDING ENCLCSED ON ALL "';'or Lie'-! than directed the City Attorney to prepare on ordinance which will SIDES 01 k'H_ENCOPSPLETELY ENC_LOSr'.D I9_A SOLID FE\��, PER FRi- -Y CITY CODEsu—arizc the cc=ents made that evening and the City Attorney felt that the 45.131 A 8 LOCATED ON LOTS 10 THROUGH 15 BLOCK 1 CENTRAJL VI`: H COR general consensus was that there was to be a prohibition on residential street (1201 73 AVENUE N. E.): parking for over four hours, and he would try and determine what vehicles the Cocccil would find acceptable. The City Engineer stated that the improvement of the property has begun and plans have been presented. Mr. Buzick from Central Auto Parts was present. This item was to be considered at the first meeting in and the City Engineer recommended approval of the request with the following stipulations: �[ SIi=S RF-C T PEGARDIN", CCM--L1-'-NCE ;;T SPECIAL USE AGREEMENT BY FRANK GAERELCIK: ) l� 1. Building will be metal with brick veneer. MGIC:: by Councilran ';ce to receive the letter from Mr. Darrel Clark, Community 2. Time table for improvements should be submitted by the applicant Deve1c _a^.t Administrator, concerning the non-eocpliance with the agreement I Discussion followed and it was decided that the improvements to the with the renewed stipulations by .r. Frank Gabrelcik. Seconded by Councilman property should be finished within one year after the street is . Utter. tiro. a voice vote, all voting aye, Mayor Liebl declared the motion ( improved. c-arried unanimously. 3. Drainage problem will be taken care of. 4. The fence should be improved by being painted and uniform in size. .__ or Liebl commented that 111r. Gabrelcik had suffered a stroke and has been I 5. No cars should be piled higher than the fence. getting some help from his son in making the necessary improvements. The Council 6, No cars will be outside the fence. discuss=_d the ratter and the concensus was to allow Mr.Gaberlcik further.time ( 7, Licensing will be needed and the applicant to meet the reguirements as lo., as ha continued to mase improvements as was noted in the Community of the license procedure. Development Administrator's letter. Councilman Breider emphasized that it is very necessary that nothing be outside by Co,:ncil:an See to have the staff review the property October 1, 1973, the fence and it be neat and clean. a,._'report to the Council. Seconded by Councilman Utter. Upon a voice vote, a_1 voting aye, Mayor Liebl declared the motion carried unanimously. I - l I .. 157 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE12 The City Engineer asked which portion of the minutes were being concurred with, and indicated there had been a request that a secretary be furnished by the City for the meetings. The City Engineer said there is no money in the budget for this personnel at the meetings of the Committee. IVING TMTt1S REPORT REGARDING COMPLIANCE WITH SPECIAL USE PERMIT AGREEMENT i BY FRANK GABRELCK) : MOTION by Councilman Breider to receive the report on the Special Use Permit agreement with Frank Gabrelcik. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF NAMING AUDITOR FOR THE YEAR 1973: MOTION by Councilman Breider to name Mr. George Hansen Auditor for the fiscal year 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR WAIVER OF SPRINKLING REQUIREMENT BY BARRY BLOWER, INC.: MOTION by Councilman Breider to waive the 100% sprinkling requirement as requested by Barry Blower with the stipulations that a fire service line be presently sized to be able to handle a complete sprinkler system, and an annual certification of occupancy inspection be required so that any change from the present layout would be recognized, and if further sprinklers are required, they would be immediately installed. ' Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to receive the letters from Mr. Robert D. Aldrich, Deputy Fire Chief, dated October 2, 1973 and from Mr. Gerhard M. Gauger, President, Barry Blower Company dated, October 2, 1973. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECESS: l Mayor Liebl called a ten minute recess at 10:34 p.m. RECONVENED: Mayor Liebl reconvened the meeting at 10:50 p,m. CONSIDERATION OF PAYING CITY EMPLOYEE ACTING IN SUPERVISORY POSITION THE SALARY OF THE POSITION REQUEST BY COUNCILMAN UTTER): MOTION by Councilman Utter to authorize the paying of City employees acting in supervisory capacities the pay of the position because they are taking on added responsibility by the position and should be reimbursed. Mayor Liebl said .the request would -be to pay Mr. Roy Scherer the Forman's pay. Councilman Utter said this would apply to Roy Scherer and other Department Heads who are in acting positions. The Acting City Manager said this would create some problems, and this would be requested in the Police Department and the Public Works Department where this is done frequently. He said this should be done by special consideration by the Council only and not on a flat policy basis. Councilman Starwalt asked if one of the conditions of his employment at the Senior Man position would be to act in the absence of the Forman? Councilman Utter said more than one man is trained to take over the position. The Acting City Manager said there is only one Senior Man. Councilman Utter asked if the compensation of the Senior Man is higher than the Second Man. The Administrative Assistant, Peter Herlofsky, said the Forman receives $•1,014 per month, the senior man receives $925 per month and the other three Operations and Maintenance Men receive $890 per or $35 per month less than the Senior Man. He added, one man in the department receives $855 per month, this would be $70 less than the senior man. Mayor Liebl asked for a second to the motion by Councilman Utter. Mayor Liebl .declared the MOTION DEAD FOR LACK OF A SECOND. C 156 PUBLIC HEARING MEETING OF OCTOBER 15, 1973 PAGE 11 Progressive Contractors, Inc. Box 368 Osseo, Minnesota 55369 PARTIAL Estimate #9 for Street Improvement Project ST. 1972-2 (MSAS) 91,993.42 PARTIAL Estimate #10 for Street Improvement Project ST. 1972-1 27,693.09 Bury & Carlson, Inc. 6008 Wayzata Boulevard Minnespolis, Minnesota 55416 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-2 4,638.49 PARTIAL Estimate #7 for Street Improvement Project ST. 1973-1 69,491.81 Comstock & Davis, Inc. 1446 County Road "J" Minnespolis, Minnesota 55432 'PARTIAL Estimate #5 for Sanitary Sewer A Water Improvement Project No. 112 from Sept. 3 to Sept. 28, 1973 613.31 PARTIAL Estimate #7 for Street Improvement Project No. 1973-1 $ 2 from September 3 through September 28, 1973 2,268.18 PARTIAL Estimate #1 for Street Improvement Project No. 1972-1A from Sept. 3 through Sept. 28, 1973 1 ,408.26 PARTIAL Estimate #8 for Water Improvement Project No. 111 from Sept. 3 through Sept. 28, 1973 686.69 Councilman Starwalt questioned the estimate submitted by Gibbs Advertising. The City Engineer/Acting City Manager said this had been authorized by the previous City Manager and he had been acting under his authorization. MOTION by Councilman Starwalt to delete the estimate submitted by Gibbs Advertising. Mayor Liebl declared the MOTION DEAD FOR LACK OF A SECOND. MOTION by Councilman Breider to approve the estimates. Seconded by Councilman Nee. Councilman Nee said he believed this to be a reasonable amount for the work done, and he had completed the work. Mayor Liebl read the three estimates submitted by Gibbs Advertising aloud to the Council. , Councilman Nee said the man had called him and asked why he was unable to get his money. UPON A VOICE VOTE, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF SEPTEMBER 18, 1973: MOTION by Councilman Breider to receive the minutes of the Charter Commission Meeting of September 18, 1973. Seconded by Counciman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVING THE MINUTES OF THE FRIDLEY HUMAN RELATIONS MEETING OF SEPTEMBER 27, 1973: MOTION by Councilman Nee to receive and concur with the minutes of the Fridley Human Relations Meeting of September 27, 1973 and note the quorum will be eight members. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. I