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ZOA72-01
CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA PLANNING AND ZONING FORM Rezoning NumbeJOA #72-01 Special Use Permit /J Variance APPLICANT'S S IGNATURE fi ly n) /`y` � AJ/T 5 Wee Lot Splits Address / ,� /-�Lf�� /'d 14A-JP 1-<4 , /2? r NN Approval of Pre- liminary Plat Telephone Number—':5-&e'-- a 7'0p - L,l �- p `�L p Approval of Final Plat PROPERTY OWNER'S SIGNATURE .C,c-��--�if ���4� Streets or Alloy—_ Address ,����� Vacations Telephone NumberOther Street Location of Property tvS,7 Legal Description of Property Outlot #1, Rice Creek Plaza South, Lot 32, Block 4 . -Lowell Addition together with vacated street lying between before mentioned parcels. Present Zoning Classification - � Existing Use of the Property,-M X1,,1 Proposed Zoning Classification, Special Use, Variance or other request n-QQ Describe briefly the Type of Use and the Improvement Proposed c . Acreage of Property IO Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, Obtain a Variance or Special Use Permit on the Subject Site or Part of It? %f S �� ►.. k `-h When?__ U c� What was Requested ,,_ „ r.-Icz�• ee Enclosed $ Date Filed 1- 14l- rl Z Date of Hearing_ X99�, PLANNING AND ZONING FORM PACE 2 Number ZOA #72-01 The undersigned understands that: (a) A list of all residents and owners of pro- perty within 300 feet must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the pro- ceedings resulting from the failure to list the names and addresses of all residents and property owners of property within 300 feet of the property in question, belongs to the undersi3ned. Residents and Owners of Property within 300 feet PERS0149 ADDRESS A sketch of proposed property and structure must be drawn on the back of this form or attached, showing the following: 1. North Direction 2. Location of Proposed Structure on lot. 3. Dimensions of property, proposed structure, and front and side set-backs. 4. Street Names 5. Location 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�IV1 SICNATURE C- �� /�f • �� (APPLICANT) Approved Denied By the yoard Df Appeals Subject .to the Following Conditions: date Approved Denied by the Planning Commission on Subject to the Tollowing Conditions: date Approved Denied by the_ Council on Subject to the Following Conditions: date Form PC 100 560-3450 1 C, �e�le " % ~ ANOKA CGiNTY r' 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55421 October 27, 1970 I , Al Nitschke , Contract Purchaser of the North 12 . 7 feet of Lot 31 and all of Lot 32 , Block 4 , Lowell Addition, together with the vacated street and alley adjacent thereto agree to deed to the City of Fridley the North 12 . 7 feet of Lot 31 and the South 2 . 7 feet of Lot 32 , Block 4 , Lowell Addition providing the City of Fridley will agree to deed to me Outlot 1 , Rice Creek Plaza South Addition and issue a Special Use Permit for a two family dwelling on Outlot 1 , Rice Creek Plaza South Addition, Lot 32 except the South 2 . 7 feet of Block 4 , Lowell Addition together with the vacated street and alley lying adjacent thereto . SIGNED' �t ?7&7) S ltitlt i i:. ..�.-....- .. .,:���n.,SiiR:iett ops, ',Lew .�.. i►' �_' '� �"" �" "�'"" Mmncsota Ilnito.m Convc�aucing Blanks(19J1 } ,a-,.z • , rte{ (_„u .blade this................4 1 Januar 72 (lay o Y between.....................JOSEPIi...J.....FZSHER.,...husband..................................RO.$E.,,2IARY,,,FISIiER wife ................................. { i I of the Count?� Minnesota of...........................Anoka.........................................an-d State of......................................................................... part..ies. of the first part, and............................C.I.TX...OF...FRIDLEY ...........................................'the, t munici ra ion under the laws o i a, corpora ° e State o Minnesota . party of the second part, ' I i "ihtessmb, That the said partx..e.s... of the first part, in consideration of the sum of .. --- .— ------------ One...atz.d...�d.a/.10.0....�.$.1..0.0.)....and...o.ther.. va�u+^s...r�.ce�ved-.-..........-....-.-.-.-.-.-.'.......................................DOLL.4RS, fo....p. rties..................................in hand paid by the said party of the second part, the receipt whereof is ; hereby acknowledsed, do............ hereby Grant, Bargain, Quitclaim, and Convey unto the said party of i the second part, its successors and assigns, Forever, all the tract...... or parcel...... of land lying and being i in the County of........................Anoka...... :................................and State of .hfinnesota, described as follows, to-wit: fi I I i 1 i s The Northerly 12.7 feet of Lot 31, together with the Southerly 2.7 feet of Lot 32, Block- 4, Lowell f Addition to Fridley Park, All located in Section 14, T-30, R-24, City of Fridley, County of Anoka, State of Minnesota. j f r The City of Fridley hereby accepts this fproperty for park purposes. t � f �y Fiit{{a 'r r6 11 Marvin . Brunsell - City glerk ii i I No State Deed Tax Required ``• To 3. abe anb to JDolb tide Baine, ToCWher with all the hereditaments and appurtenances there- Unto belorzsing Or in anywise appertaining, to the said party of the second part, its successors and assigns, Forever. In TC!Mmonp Mbemf, The said pazrt..ies.. of the first part ha..Ve... 3zerezcrzto set_.........their ........... harul s.. the day and year first above urittera. In pre eo ............. .. ..................................................... om I/. cif t .......... : ..... -?... . ............. �l .............. PACE 4--:6 atate of A1111C50tap County Of.................Anok.a.............................................. .............. On this..............25th... ... lbtaKy.........................................................day of................jg!�44KY............................................ 19-N...... Lc ore Ple, a ...................................... .... ...................................................................zvithin, and for said County, personally appeared Joseph J. Fisher, husband Rose Mary Fisher, wife to ine 7cnozvn'to be'the PVTOn$.......................................descHbed in,, and who executed the foi-agoinff instrument, ...................;...................... ...........................................e........................................................and acknowledfed that ...t.h.eY.. executed the '(See:Note) their 8ftni-C as....... ...........free.act and deed........................................................................................... (See Note) • THIS 04i�-UMENT' R .. WAS DRAFTED BY ...... .... .. ....... ........ City 'j)f Friaj�V. . . = r Xotary Public....... WName) Not'� County,.......... .Minn. 641:-University;it�r Ave: 11S.3 CoUnf% Fjidl V- Mi-nTi-. S4 (Address}1 .11y COMMiMn,iOeXPEM .............. S— ...... ...... ... ..Qct-14*X97........, 19__......... �Utattk Iim:v marked "See Note"2FC for use when the instrument is executed by an attorney in fact. to -tz 4 I�01i Z CM 2 z 0 o U A R$ IS 0 E, Filed for record on the 26 day of Jan. A. D. 1.972 at 11 o'clock A. M. 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, February 9, 1972 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a rezoning request (ZOA #72-01) by Alvin A. Nitschke to rezone from R-1 (single family dwelling) to R-3 (general multiple family dwellings) the following described parcels: Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell Addition to Fridley Park, together with the vacated Street lying between the before mentioned parcels, all in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. The same being 6591 Main Street Northeast, Fridley, Minnesota. 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 26, 1972 February 2, 1972 Alvin A. Nitschke SP 470-12 e a M ���' •.' o Outlot 1, Rice Creek Plaza South and 1 Lot 32, Bl. 4, Lowell Add. together •1s� �� � with vacated street. Sec. 45.19 (2A) t IZk Fridley City Code. of v - 98� 'YJa 3•,-o 22o.7s =y�� �� � \,° / "w\'. .1°5f'1 h i,i b4 't y.�. _ 3 s•z3 ry �1 t� es" tea '/^\\ n t(�'� '�-.�' ,/_,9`'. sBv6 ac�a�se �:� ^z.i- � r �\ �,• (V,` a' �^"0 5 y7 � ? `�q 'ori,' � .s° �j' j 1. •/ f lJ ��� I i..1 �.' �L a,,.; // a4 O �'�' g5 {•� 3' �, �r.((� sftn� j5;g �o i.l ';�i• X3.73'•`, /` ° .J a 1„ •A G a I mac! � l _J .°, "5c / ^w • e yf `_�i,�9c � '4" 48 }o 7 `M � g_.vBf°9a't_ g)..i J a c /j.f b a' 7•'qz I E� t 7 d•36�`f.6.." , � _ t �'� Z-�" °iu. �\+^di':6'L t S- ��, � eye D•i..R6 cr s a�j) 7 E � � t 0,' N:n i 1.S'l a pa i -- .,`,,k J is h.1 .'}°.!"J � `�9�i1.�' �•54�i W � in z it E ;a /=t s• to. L s,:� nN �? , " 1 2 A'1 ;LSI j /�S.c< _... __•3=.77�•_ -+ �a. � o q hR. ? �j \ -e SS/S � �� 2 - L.� ...}� e, /Q � a s 0 «.cc .v :r, o�i;�°•~ r•�`Siac�`� �-� ° P 6 V � , j � oJrcori c zi 71 ui`? 60 z3a.'Zs5ar3°2�?6'9•zS1'°^ave Ba�1 a• •r a ®31 tie Y•rs os / \I; 6 t /2 P 1 ax � Z . 40 2 wi°OL' Q Q - �• N IA ..c r`o I I L /y I . a• 15 C Us j s23 /3ocs i oss `� n'o'o /za5 1 /E 3,y z7 z� a /4v 1 - 21 1916 13 ff 1? 1_' 7 ~ 4c i 8 n 6 o �f: o a 20 p..�=.,°..�,..:a. 6aezc Fo°.,o. 57 .% hf • � „ W 114 COP 11 ER SEC. 14 �s Z'OA #72-01 Alvin A. Nitschke Mailed: 1/26/72 Planning Commission Mailed: City Council Mr. Ben Wolke Mr. & Mrs . Richard Brisbois 251 Rice Creek Terrace 6711-15 Main Street Minneapolis, Minnesota Fridley, Minnesota 55432 Mr. & Mrs . Warren D. Rollins Mr. & Mrs . Arthur Boike 6720 Second Street 6710 Second Street Fridley, Minnesota 55432 Fridley, Minnesota 55432 Mr. Robert E. Ylinen Mr. & Mrs . Edward Kurr 6700 Second Street 6570 Second Street Fridley, Minnesota 55432 Fridley, Minnesota 55432 Mr. Alvin A . Nitschke Mr. & Mrs . William H. Gates 6441 University Avenue N.E. 6701 Second Street Fridley, Minnesota 55432 Fridley, Minnesota 55432 Mr. & Mrs . Roy A. Burke Designware Industries, Inc. 200 - 67th Avenue 6536 Main Street Fridley, Minnesota 55432 Fridley, Minnesota 55432 Mr. & Mrs . Edward Gritton 6560 Second Street Fridley, Minnesota 55432 a r= 5 }1 Lw January 111, 19712 J . Alvin A. Nitschke 770 Hull Road Anoka, Minn. Re: Property Exchange Dear Al: Please recall the property exchange agreement wherein the City was to deed to you Outlot 1, Rice Creek Plaza South in exchange for the Northerly 12.7 feet of Lot 31 and the Southerly 2.7 feet of Block G, Lowell Addition to Fridley D Park. We feel that we should complete this transaction prior to advertising your new request for rezoning. We must mail the notice for a Public Hearing to the paper on Friddy of this week or we will be unable to hear your request until March 8, 1972. The agreement also includes a stipulation that you would pay the City $250.00 and the City would provide you with a new certificate of survey on the new building site. We will also need the property owner's signature on the application for rezoning before we can process the request. I£ you have any questions, please call me. Yours very t DARREL CLARK Engineering Assistant DC:ob Enc. J� saw Y'4 n e Nr� i b i, � �� �` '� � i"' �� gy•. aT. .s �.a� ,7 "". .:�d 'ark 'Y as '.Gx w�" °sr, "t y ,k � i "' �-�� ate„ ' . 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March 8, 1972 City of Fridley City Council Fridley, Minnesota Gentlemen: I wish to request a public hearing on the rezoning of the parcel described in ZOA 72-01. Please make the necessary arrangements for the hearing at the earliest possible date. Sincerely, Al Nitschke rn i P '1 i ZOA #72-01: Al Nitschke Outlot 1, Rice Creek Plaza South, Lot 32, Block 4, Lowell Add. to Fridley Park, together with the vacated street between before mentioned parcels -Rezone from R-1 to R-3 for Triplex 131. 3 / T i Cv+l.aT � 80 0 a� �.7 tj a �ro g o - clo 36 i 1 �- W Sc 03 LY 0 d-r L 1 i.tL.W'L.1 C1-rV -TQ Q V I1.-Q 1 A.)(y 4`i"`'1,. EZ2 C 1 1`j To fq r. Planning Commission Meeting - February 9, 1972 Page 5 UPON A VOICE VOTE, Zeglen, Schmedeke voting aye, Minish and Fitzpatrick voting nay, the MOTION FAILED. Mr. Minish said he felt different about this station because of the location. The Commission should consider whether the use of this type should be allowed at one or more of the locations as a service to the citizens. It has been indicated that there will be another request for a Special Use Permit for U-Haul rentals on ` Central Avenue. He would like to consider this request in relation to the other one. This may give the Commission time to see if EZ Haul would apply. He would like to have this portion of the request tabled. MOTION by Minish that the Planning Commission table until March 8, 1972 the Special Use Permit request, SP #71-18, by Ron's Gulf Service Station for U-Haul rentals on Lots 1 and 2, Block 1, C. D. Hutchinson Addition per Code Section 45.101, B, 3-E, zoned C-2, to see if, in the interval, other applications have been indicated that they will be filed and consider other sites and number of operations the City would like to have. MOTION FAILED FOR LACK OF SECOND. Chairman Fitzpatrick said the action then would "be for the Planning Commission to pass this request on to the Council without action and the minutes should show that these motions were made for the second request being a permit for U-Haul rentals. The petitioner was informed Council would receive his request on February 28, 1972. Mr. Minish said for the time he has been on the Planning Commission they have had several requests for service station sites. He has always wondered if the City doesn't already have too many stations and that it would be difficult for them to make a substantial profit. Now we hear that station operators need additional means of income to stay open. We should keep in mind what we heard tonight. 3. PUBLIC HEARING: REZONING REQUEST, ZOA #72-01, BY ALVIN A. NITSCHKE: To rezone from R-1 to R-3, Outlot #1, Rice Creek Plaza South and Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street lying between the before mentioned parcels. Mr. Nitschke was present. MOTION by Schmedeke, seconded by Minish, that the Planning Commission waive the reading of the Official Notice for the Public Hearing of the Rezoning Request, ZOA #72-01, by Alvin A. Nitschke to rezone from R-1 to R-3 (general multiple family dwellings) Outlot #1, Rice Creek Plaza South and Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street lying between the before mentioned parcels. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Clark said that about a year ago Mr. Nitschke applied for a special use permit to build a double bungalow and was involved with trading of lands where the City traded a portion,.of its property with Mr. Nitschke. This transaction has taken place. He has deeded the amount of the property as agreed to. f ~ Planning Commission Meeting - February 9, 1972 Page 6 He will receive the City's deed for the 20 foot Outlot. He wants to build a three family townhouse type of building on the same lot as contained in the special use permit. He did not proceed with the special use request. The land area is in excess of 10,000 square feet which is large enough for a triplex and R-3 zoning does allow a triplex. Mr. Nitschke explained that he did have some of the elevations and Darrel ' saw them. Unfortunately the architect was using them to complete the plans. The structure will be a townhouse, quite similar to the type that is being built now, the front court provincial type. There will be five parking places, two double garages and additional parking space in between. He will be living in one of the units. He would try to make it look as nice as possible as it is not a speculative project. . He changed the request because it would be more economical to have a triplex. Mr. Clark said he had seen the plans. The garages are on the front of the living area. There is a court between the garages and 'houses. The only thing he would want to comment on was the front yard would be mostly blacktop or concrete. He continued that the building site is 80'x136' . There is a two family structure in the block to the North, the Park is to the South, single family dwellings off Mississippi Street and across the street the land is zoned light industrial. There are apartments on 2nd Street. MOTION by Schmedeke, seconded by Zeglen, that the Public Hearing be closed for the Rezoning Request, ZOA #72-01, by Alvin A. Nitschke. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Minish, seconded by Schmedeke, that the Planning Commission recom- mend to Council denial of the rezoning request, ZOA #72-01, by Alvin A. Nitschke to rezone from R-1 to R-3 (general multiple family dwellings) Outlot #1, Rice Creek Plaza South and Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street lying between the before mentioned parcels, for the following reasons: This request is out of keeping with the rest of the block which is residential with one double unit; objects to blacktop facing the street; the proximity of the park and the extra cars this triplex would have makes it undesir- able because the park does not have enough street parking area; and is inconsis- tent with surrounding one and two family residences. Upon a voice vote, all voting aye, the motion carried unanimously. 4. PUBLIC HEARING: REZONING REQUEST, ZOA #72-02, BY ROBERT L. MC GREGOR: To rezone from R-1 to R-2 (limited multiple family dwellings) the North 824.7 feet of the West Quarter of the Northeast Quarter of the Northeast Quarter of Section 13. Mr. McGregor and Mr. Floyd Foslien were present. MOTION by Schmedeke, seconded by Minish, that the Planning Commission waive the reading of the Public Hearing notice for the rezoning request, ZOA #72-02, by Robert L. McGregor. Upon a voice vote, all voting aye, the motion carried unanimously. OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL rl TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, April 10, 1972 in the Council Chamber at 7:30 P..M. for the purpose of: Consideration of a rezoning request (ZOA #72-01) by Alvin A. Nitschke to rezone from R-1 (single family dwelling) to R-3 (general multiple family dwel in s) the following described parcels: Outlot 1, Rice Creek Plaza South, Lot 32,^Block 4, Lowell Addition to Fridley Park, together with the vacated Street lying between the before mentioned parcels, all in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. The same being 6591 Main Street Northeast, Fridley, Minnesota. Anyone desiring to be heard with reference to the above matter may be heard at this time. FRANK G. LIEBL MAYOR Publish: March 22, 1972 March 29, 1972 REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 14 would clutter up Fridley. Fridley was called "Gasoline Alley" once, and he certainly would not want to back-slide. The Council is requiring strict building now. Mr. Rummel said that U-Haul will not put their equipment in in a haphazard way with it scattered all over, and are willing to put the equipment in a restricted area. U-Haul also does not go in and use any off-street parking necessary to the station. The stations are given so many parking spaces for employee cars and cars being serviced and that area cannot be used to park U-Hauls. He said U-Haul feels they can run a business at this location, keep their equipment neatly and properly parked and be a service to the community and the gas station owner also. He said U-Haul has helped in writing some communities' ordinances and also worked with City Engineers on the plot plans. A neat and proper station is to their benefit too, and at this location they feel there is enough room and the business would not create any problems. Mayor Liebl asked if they had any plot plan. Mr. Rummel said yes, it was given to the Planning Commission and came forward to show the plans at the Council table. He said the number of spaces and the location where the equipment would be stored is all marked. There followed a discussion at the Council table while looking at the plans. MOTION by Councilman Mittelstadt to table this item to the Meeting of March 6, 1972. Seconded by Councilman Breider. Upon a voice vote, Liebl, Utter, Breider, and Mittelstadt voting aye, Kelshaw voting nay, Mayor Liebl declared the motion carried. (A motion to table supercedes the previous motion) Councilman Kelshaw explained that the reason he had voted nay on the motion to table, is that he did not want a denial motion brought back upon the table. He would rather have had the motion withdrawn. 3. REZONING REQUEST,.ZOA #72-01, BY ALVIN A. NITSCHME; To rezone from R-1 to R-3, Outlot #1, Rice Creek Plaza South and Lot 32, Block 4, Lowell Addition to Fridley Park together with the vacated street lying between the before mentioned parcels. The City Engineer reported this request was for a triplex and showed the location on the overhead projector. The Planning Commission denied the request. Mayor Liebl asked if Mr. Nitschke was present at the Meeting, with no response, MOTION by Councilman Mittelstadt to concur with the Planning Commission recommen- dation and deny the request for rezoning by Alvin A. Nitschke, ZOA #72-01. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. The City Engineer reported that Item #4 (Robert McGregor rezoning) is still wending before the Planning Commission. Item #5 (Mrs. Lloyd Murphy rezoning) was denied and he understood that the applicant is withdrawing her request, so the Minutes can be received. MOTION BY Councilman Breider to receive the Minutes of the Planning Commission Meeting of February 9, 1972. Seconded by Councilman Kelshaw. Upon a Votge vote, all ayes, Mayor Ltebl declax14 the motion carried unanimously. REGULAR COUNCIL MEETING OF FEBRUARY 28, 1972 PAGE 13 however, if you grant this one and not others, the Court could find the Council acting arbitrarily and capriciously, if the requests were not granted to all because it would, in effect, be creating a monopoly. As a practical matter, if this one is granted, the Council would probably be obligated to grant others with the same amount of room. Mr. Rummel said as a practical matter, there would not be an application for the rental of equipment as a separate business because it is not economically feasible. There would have to be a service center with the business and a person cannot make money doing that. MOTION by Councilman Mittelstadt to deny the addition of the business of U-Haul rentals for Ron's Gulf Station on Osborne Road and East River Road, applied for under SP #71-18. Seconded by Councilman Kelshaw for discussion. Councilman Kelshaw said that he would have to agree with the denial of the U-Haul on 53rd and T.H. #65 because of the limited space and for safety reasons, but he would have to agree with the comment made that you could not expect the company to run their business as a separate business because there would be too much repair work. The Acting City Attorney has said that if the Council granted this one, they would be setting a precident, and would thereafter have to grant all others with as much room, but it would also be true that if the Council did not grant this one, they could not grant others either from this point on. He said he would go along with some sort of a size stipulation that a station would have to meet before they could be considered.. The Acting City Attorney said that if the request is denied, it would be denial of a special use permit on top of a special use permit. If the request is granted, it can be granted with stipulations and criteria spelled out such as how many are allowed, where they are to be parked etc. A specia.. use permit is just that, a special use permit with the Council determining how the business should be carried on. Councilman MittelL;tadt said that 6 - 7 trailers is one thing, but when trucks are included, that is another matter. There is no way that station could ser- vice trucks. There is an eating establishment just to the south of this station, and he said these are some of the reasons he feels the request is unjustifiable. Councilman Breider said that when he moved he reserved a truck about three weeks in advance and he was lucky to get it. He has also had difficulty in getting a trailer to haul sand. The City does have an obligation to supply service, so rather than talk in terms of denial, he suggested talking in terms of what stipulations should be imposed for adequate control. This particular area is accessible, and is east to get in and out of. Mayor Liebl said the A & W Drive-In is just to the south and they have invested quite a bit of money in their establishment, and in this building there is a grocery store and the gas station. He did not want to overburden this inter- section, and create a big headache. He thought that granting a permit on top of another would be creating an untenable situation. He would agree with Councilman Braider on Vie need for the business, but it should be at some lo- cation where there is easy access and not so many conflicts on the corner. This corner was studied when Leonard Samuelson was on the Council. To add another business would further handicap this cornu', If he voted for this one, he would have to vote for all others. One or two would survive, but 6 - 7 THE MINUTES OF THE REGULAR COUNCIL MEETING OF APRIL 17, 1972 1 The Regular Council Meeting of the Fridley City Council was convened at 7:4Q P.M. , April 17, 1972. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: Mayor Liebl offered the Invocation. ROLL CALL: MEMBERS PRESENT: Mittelstadt, Breider, Liebl, Utter MEMBERS ABSENT: None ADOPTION OF AGENDA; Mayor Liebl said there was a communication to receive as follows: Mrs. Wallace Marcus Proposing an Ordinance Requiring a Tree to Be ,Planted for Every 4,000 Square Feet on an Improved Lot. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Breider. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. VISITORS; Mb's, Pon Cisar, 540 Cheri Circle, came forward and presented Mayor Liebl with a bixthday cake and wished him Happy Birthday. / FIRST #LEADING OF AN ORDINANCE FOR REZONING, ZQA #72-01 BY ALVIN A.NITSCHKE TO of FXZ9NE FROM R-1 TO R-3, 6591 MAIN STREET N.E. : T11e Engineering Assistant showed the location on the overhead projector a44 said that Mr. Nitschke had just submitted the plans, and presented the* at the Council table.. The plot plan is the sane as the Council saw at the pubaiq h04rinq, There is to be a 35 foot front yard setback to the garages, thea t.hg garages, then a 12 foot courtyard, then the structure with a 37 foot rear yaXd, Mayor Liebl asked if they were planning on a fence along the rgar lot lane, The Engineering Assistant said there was some discussion about a fence along the south line, between Mr. Nitschke and the park, but perhaps a fence along the rear line should be considered also. Mayor Liebl Said that it wguld seem to be advantageous to have a fence dividing the City property from the private property, as it would provide a screen to keep the children and their baseballs out. Mr. Nitschke did cooperate with the City when there was 44 exchange of land for Jay Park. REGULAR COUNCIL MEETING OF APRIL 17, 1972 PAGE 2 The Parks and Recreation Director said that he has had a request from a man living on 2nd Street just south of ,lay Park for a fence along the south side of the City property to keep out the traffic from the apparatus area. This roquest has been referred to the Parks and Recreation Commission. gQunQilman Preider said that this looks like an impressive plan and should be a very nice looking building. Councilman Utter said that there was spine dis9ssion last week on a sixth parking place if he were to put in al; twq bedx9 m units, and asked if it would be a garage or a parking stall, The Pogi.neering Assistant said that according to the Code whether it was a gtall or garage is optional, but he would need one more to meet the QQde, #fie said actually the requirement is for 5� , but in talking with fir. Nitsch?�e 4e cgul¢ acid one more on the side, as there is enough room, Mayor Liebl asked if the quality would be as good as the duplex just to the northd Mr. Nitschke said yes, it would be board on board on cedar with some 1?rti* ip the front. Councilman Mittelstadt asked if he had considered the fence along thg east side of the property and Mr. Nitschke said yes, although there is 4 411 hV49e along the property. Councilman Mittelstadt said the hedge did not Q9 the whole length of the lot. He thought it might be more convenient in torM pf tresspassing if there was a fence. Mr. Nitschke said if there was tresspassing from the park, he would take care of the fencing himself, rather' man relet the City to take care of it. 9QMp9i1maZ Breider asked if his plans fit on the lot so that the garages w9U14 have about the same setback as the adjoining structures, Toe Engineeripq Assistant said yes, then the living quarters would be behind the garages, $WTQN by Councilman Breider to approve the Ordinance on first readipq an} waive the reading. Seconded by Councilman Mittelstadt. Upon a roll, call votef &iebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl declares} the motion carried unanimously. The gpgineering Assistant asked if it was the Council's wish to stipulate the fence along the park property and Councilman Breider said he would rather leave this up to the Building Standards - Design Control. The Engineering Assistant told Mr. Nitschke that if he got his application in right away, he Would go before the Building Standards at their Meeting of May 4th, F-TWT READING OF A VACATION ORDINANCE, SAV #72-01 BY RUSSELL HEDGE, GENERALLY TtD AT 649 53RD AVENUE N.E. : (Madison Street) 4jie .pggJpeering Assistant showed the location on the overheat} pro jeQtp ad *A}d that the public hearing was held last week with no objections, Thiq tg for t49 vacation of a stub of Madison Street that has never been openp;l and V4e Staff and the Planning Commission recommends vacation with the condition that there are some easements retained. 'TQN by Councilman Mittelstadt to approve the Ordinance on first reaotpq and WAjve the reading. Seconded by Councilman Breider, Upon a roil call ygtef AnWerf Liebl,Utter and Mittelstadt voting aye, Mayor Liebl declared the tnotipn carried unanimously. FAQVW CQVNCIL MEETING OF JUNE 5, 1972 Ms. E1siq Hanscom, 6000 Stinson Boulevards Complaint on Sewer Line 22nstruction s Mre, Hanscom said that New Brighton has tapped into their sewer line for forY494 "4 she felt this would put them in a bad position if there was t,'Qublo With the lino, She said the blacktQpping only goes about 5' beyond her hou€e 49 41 there is any action needed, it should be done before the street is gom" Xeyoj Uobl asked the City Engineer to check into this and report back to the OQUAgil in one week with a copy of his report to be forwarded to Mr's, HMQQQMV The City Engineer said that the Engineering Assistant has checked thine out aMd thorn was no problem to his knowledge. He said he would check it out to age if there was any corrective work needed. This is work that has been done by Now RD CE $1512 - AN ORDINANCE FOR VACATION REQUEST SAV #72-03, BENE HETLAND .mow . 7,' ONAWAY ADDITION: MQTIQN by Councilman Breider to adopt Ordinance #512 on second reading, Waiy0 the ggg4ing and order publication. Seconded by Councilman Mittelstadt, upon a ill gali y4toe Biebl, Utter, Mittelstadt and Breider voting aye, Mayor Liebl dggjarV4 the Motion carried unanimously.. QR .;NANCE #31 - AN ORDINANCE FOR REZONING ZOA #72-01 AL NITSCHKE, 6591 MAT 2jMETg.-_V REZQNE FROM R-1 TO R-3: Csogncil.man Sreider asked if the permit has been finalized and the City Engineer sg44 yes! tie CQuncil reviewed the plans and approved them, and he to in tha VrQGeiea of getting his building permit. MCTf4N by Councilman Breider to adopt Ordinance #513 on second reading, waive the xco4ing and order publication. Seconded by Councilman Mittelstaft, Tjpgn A roll 9AII Vote, Breider, Liebl, Utter and Mittelstadt voting aye, Mayor Liebl 4eqiared the Motion garri.ed unanimously. NSO&U'T�TON #66-1972-A RESOLUTION CONFIRMING ASSESSMENT FOR STREET IMPROVEMENT' PROJECT ST, 1971-4; (Tabled 5-15-72) aha Qity Angineer said that the revised roll found in the Council Age4dg is h j;IMMIt of the 14st meeting and the City Assessor has prepared a xevi$04 4s59441 Ment x91.1 for the Star Lane area and the 57th Avenue loopback areal Mayer T.44941 sai4 that he had read the memo from the City Manager dated May 39, 1?74 Anci Ta04 a portion aloud to the audience. The point of difference is as fojjgWSi "Vqr the l.pgpback portion of service roads along trunk highways, where the Prime Consideration for their construction is traffic safetyr the a&se51i�T44ent .rata for Ami and A-2 properties be set at 2%3 the post of a normal rQei.deNtia ptrea±t, All other existing policies relating to the assessment 91 attte #i•4 streets and other roadways to remain the same", go Poid the §taff and the Council has discussed this very extensively and the 99ungi.l hAq plways followed the policy set out in 1902T hgwever thi:e $a �► j4i?ferant situation. THg MjNTjTFS OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1972 The Rep14r Council Meeting Qf the Fridley City Council was convened At 7144 V041 June .5► 1972, LEDGE OF ALLEGIANCE: Mayor Llebl led the Council and the audience in saying the Pledge of AllegiAn99 to tho flag. ;aq T: ! Cj%V Manager, Qerald Davis offered the Invocation. MEMBERS PRESENTi Mittelstadt, Breider, Liebl, Utter MEMBERS ABSENTi None AD0VTTQN OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 1, 19721 ,nrn'rwr wr w w wM XOTTQN by Councilman Breider to adopt the Minutes of the Regular Council Meeting 0f $ay 1, 1972 as vubmitted. Seconded by Councilman Mittelstadt, Upon a Voice Y9t9t g1l Vgting 4ye► Mayor Liebl declared the motion carried unaniw9usly, AL T1,04 QF '£HE MINUTES OF THE PUBLIC HEARING MEETING OF MAY 8, 1972 MQTIQN by Councilman Breider to adopt the Minutes of the Special Public HQa;inq $99tipq of May 8, 1972. Seconded by Councilman Utter, Upon a Voice VOt9, all #yea( Mayor Liebl declared the motion carried unanimously, &W;2N, OF THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 15, 19721 Mp 9; Lipbl galled the Council's attention to Page 2, third paragraph from the ? gttoMi "Councilman Liebl" should be changed to "Councilman Breider", WT%QN by Councilman Breider to adopt the Minutes of the Regular CounAij Meet4nq of Milt' 15► 1972 with this change, Seconded by Councilman Utter, Won a Voice vote# %ll ayes, Mayor Liebl declared the motion carried unanimously, OF AGENDA; X#Y9g i"iebl *Aid the following Items are to be added= t ROqeiV4pq Reoignation of Lillian Wegler from Fridley Human Relations Committee, Di4gVeeiQn of Appointments to the CATV Advisory Committee Re944Ving Letter from Brooklyn Park Mrs. Jaycees Regarding Island 9f Pea40► ReggiV'inq Letter from Fudali, Remes & Fudali Regarding Sewer Chargee Agggiling Tetter from Fudali, Remes & Fudali Regarding Water & Sewer Bil7"e $O; 7043 and 7875 East River Road, gOTM by Councilman Mittelstadt to adopt the Agenda aq amended, Sec9ndQ4 y Co=ViUWa Tjttor, Upon a Voice vote, all ayes, Mayor Liebl- declared thq jqptiQ;, g���o� t�enimously, i BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF MAY 4, 1972 The meeting was called to order by Chairman Zeglen at 8:10 P.M: MWERS PRESENT: Zeglen, Simoneau, .White, Tonco M MQERS ABSENT: Lindblad f OTHERS PRESENT: Peter Herlofsky, tnistrative Assistant b MDTION by Zeglen to waive the reading of the minutes of the April 20, 1972 meting. . i Seconded by Simoneau. Upon a voice vote, all voting aye, the motion carried unanimously. i ( CCNSIDERATION OF ON OUTLOT 1, RIM CREEK KAZA SOMa,�.� DI�� TUB SAME BEING 6591 MAID STREET N,H.. )L-R1MffF-7„ YdMESOTA. (REQUEST BY ; i ALVIN A. NITSCME, 6IA1 UNIVERSITY AVEM M.N., FRXDLZY, M7hAMSOTA 55432) Mr. Alvin Nitschke wasresent to p present the request. Mr�.�Herlofsky informed lir. Nitschke he needed an engineer's stamp on his Plan i Mar. Zeglen noted there was only parking for four cars and the Code calfs for six. Nr. Nitschke said there were two parking spaces in the open area. Mr. Tonco said he would like some green area in front of these parking spaces. He thoughtif he started the arc at 17 feet there would still be easy access to the off-street parking. Mr. Tonco said the Code required 611x1201 poured concrete curb around all blacktop areas. We also avant a 10 foot radius ©a all driveway entrances. The side setbacks on the plan *rets 10' and 10' . This has been changed to 15 feet on the North lot line and 5 feet on the park side. This setback was approved by the Engineering Department. Mr. Tonco wants it noted that the Board was aware that the side setbacks should be 15' and 151 . Mr. Tonco asked about garbage disposal. Mr. Nitschke said there wasn't any good location for garbage cans but they would be enclosed and would probably be located in two places for convenience. Mr.• White told Mr. Nitschke his contractor had to be licenced in Fridley, As this license had to be approved by the City Council, he should be sure the application was made in time for him to get his permit. Mr. Zeglen asked about security lights. Mr. Nitschke said. there would be four lights on the garages and a gas light located near the front gate, Bach unit will have their own patio or court yard. There will be three separate entrances. , Mr. Nitschke said the exterior will be rough sawn cedar of board on board construction with brick vepeer trim on the lower portion of the front. The roof will have asphalt shingles. The garages will be the g r y �w P lka a puildintt Standards-Design Control Subcommittee Meeting of May 4, 1972 Page 2 same. The units will feature sunken living rooms and vaulted ceilings upstairs. Mr. Nitschke will occupy one of the wnito. Mr. Nitschke said he would put up a chain link fence on his property Jim next to the park for protection. He may put a decorative fence in front of it. Nr. Nitschke did not present a landscaping plan. NMOR by TONCO to recommend to the City Council approval of the request to construct a triplex with the following stipulations: ° 1. 61"x12" poured concrete curb around all blacktop. 2. 10' radius on entrances. 3. Sod area in front of off-street parking. 4. Side setbacks 15' and 51 . 5. Engineer's stamp on plans. 6. Install chain link fence on South property line. 7. Prepare landscaping plan. Seconded by White. Upon a voice vote, all voting aye, the motion carried unanimously. 2. CONSIDERATION OF A REQUEST TO CONSTRUCT A SERVICE CENTER LOCATED ON THAT PAST OF THE NORTHEAST j OF SECTION 11, T-20, R-24, DESCRIBED AS FOLLOWS. BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHEAST 14 OF THE NORTH- WEST & DISTANT 636.8 FEET WEST OF THE NORTHEAST CORNER OF SAI NORTHEAST 01F THE NORTHWEST ; THENCE WEST ALONG SAID NORTH LINE A DISTANCE OF 400 FEET• THENCE SOUTHEASTERLY DEFLECTING TO THE LEFT 11065-V02" -TO THE CMIMINE OF OSBORNE ROAD: THENCE NORTHEASTERLY ALONG SAID CENTER OF OSBORNE ROAD TO ITS INTERSECTION WITH A LINE DRAWN SOUTH FROM THE POINT OF BEGINNING AND AT RIGHT ANGLES TO SAID NORTH DESCRIBE?LINE TO THE POW BEGIM LOG THE SAMS BRING 315 OSBM ROAD N E FRIDLEY MINNESOTA UNSRYr K 25 % AVEC S. XMU 55405.1 fir. Ron Crank and Mr. Dick hast were present to present the request. Mr. Zaglen said the plan had 38 parking spaces and the Code requires 44. Mr. [rank said they have such a narrow sliver of land to work with and If they cut down on the size of the building they would meet the parking requirements. They are going to apply for a variance of the parking regulations from the Board of Appeals so they would be able to construct the building as planned. Nr. Zeglen said the Board would consider this request on the basis that they got the variance. Mr. Crank said the exterior would be aluminum, brick and concrete block. 8e raid the block would be painted to match the brick. The. material for the roof is cedar shingles. Mr. Tonco asked what kind of flashing they will use. Mr. Krank said it would be galvanized iron. MF. S�rlofsky said they will have to bear the cost of the street improvement SPECIAL PUBLIC HEARING MEETING OF MARCH 13, 1972 PAGE 8 FIRST READING OF AN ORDINANCE AMENDING CHAPTER 83 OF THE FRIDLEY CITY CODE RELATING TO THE LICENSING OF TAVERNS: MOTION by 'Councilman Mittelstadt to adopt the Ordinance on first reading and waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote, Utter, Mittelstadt, Breider, Kelshaw and Liebl voting aye, Mayor Liebl declared the motion carried unanimously. RECEIVE COMMUNICATION FROM SPRING LAKE PARK REGARDING CONSTRUCTION OF SWIMMING BEACH: MOTION by Councilman Mittelstadt to receive the communication from the Village of Spring Lake Park dated March 9, 1972. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Breider to instruct the Administration to contact Spring Lake Park concerning the beach construction and work out the details of the parking situation. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. REQUEST FOR PUBLIC HEARING BEFORE CITY COUNCIL ON REZONING REQUEST ZOA #72-01, AL NITSCHKE: MOTION by Councilman Breider to receive the communication from Mr. Al Nitschke dated March 8, 1972. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to set the Public Hearing date for the rezoning request ZOA #72-01 for April 10, 1972. Seconded by Councilman Kelshaw. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. RECEIVING COMMUNICATION FROM FUDALI, REMES AND FUDALI REGARDING THE SKELLY OIL STATION ON 79TH WAY AND EAST RIVER ROAD: MOTION by Councilman Kelshaw to receive the communication from Richard Fudali, Five Sands Development, dated March 13, 1972. Seconded by Councilman. Breider. The City Attorney reported that some action he had taken precipitated this letter. He said the City Engineer and himself had spent a full day plus part of another day in District Court on the matter of Falkenstein vs City of Fridley. This is the case where the land owner brought action against the City because of denial of a special use permit for a Skelly Oil Station. He said he suggested this be brought back before the Council to see if the Council wishes to recon- sider the situation. This is brought back up for two reasons; one, hopefully, the matter might be resolved without resorting to further litigation, and two, because he wanted to advise the Council that there have been 2 - 3 Supreme Court cases, i.e. , Crystal, Saint Paul and Bloomington, which have been similar, where the Council has been overturned by the Court. The applicant has indicated he would be willing to meet all reasonable demands the City would wish to place on their building, in terms of lighting, type of material to be used, screening etc. He felt that prior to trying the case, it should be brought back to. see what was the pleasure of the Council. SPECIAL PUBLIC HEARING MEETING OF MARCH 13, 1972 PAGE 7 LIST OF CERTAIN TAX FORFEIT LOTS THE CITY REQUESTS BE WITHHELD FROM TAX FORFEIT SALE: The City Engineer presented a map with each tax forfeit lot marked that is covered in the Agenda in the memo dated March 10, 1972, and went through the list and pointed out where each parcel is located. Mayor Liebl asked the Council if they had any objections to the additions to the list and the Council replied no. The City Engineer said that the original list is quite long, so if the Council approves red tagging these lots, they will be added, and the resolution brought back for the Council to adopt. MOTION by Councilman Kelshaw to instruct the City Attorney and the City Engineer to draw up the resolution for withholding tax forfeit lots for the Council to adopt. Seconded by Councilman Mittelstadt. Upon a voice vote, all ayes, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF CHANGE ORDER #2 FOR WATER, SANITARY SEWER AND STORM SEWER PROJECT #102: The City Engineer said, as the Council will recall, there was some difficulty in getting easements, and because the bid price was lower than the estimate, the proposal was before the Council to put in a piped system from Main Street to the railroad tracks and from 79th to 78th along the tracks. There was a property owner heard that was in favor of the improvement and he believed there was another property owner that was also in favor. He said he noticed Mr. Richard Harris, who is a property owner, in the audience. Mayor Liebl asked Mr. Dick Harris if he was in favor of the improvement, and added that the other property owners seem to feel it is more practical than the ditch. Mr. Harris said he felt it would save money in the long run. MOTION by Councilman Kelshaw to approve Change Order #2 for Water, Sanitary Sewer and Storm Sewer Project #102. Seconded by Councilman Mittelstadt. Upon a voiee vote, all ayes, Mayor Liebl declared the motion carried unanimously. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 23 OF THE FRIDLEY CITY CODE REGULATING THE LICENSING AND MANNER OF CONDUCTING DANCES: The City Manager said this amendment defines what a public dance is, which the original ordinance failed to do. The other change is changing the word "peace officer" to "public officer" and describes what that term means. The effect would be that establishments could then use someone other than sworn police officers for their dances as required in the dance ordinance. MOTION by Councilman. Breider to adopt the ordinance on first reading and waive the reading. Seconded by Councilman Kelshaw. Upon a roll call vote, Mittelstadt, Breider, Kelshaw, Liebl and Utter voting aye, Mayor Liebl declared the motion carried unanimously. SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 PAGE 2 PUBLIC HEARING ON REZONING REQT Z 4� 2-01 BY ALVIN A. NITSCHKE TO REZONE FROM R-1 (SINGLE FAMILY DWELLING)_T - (GENERAL MULTIPLE FAMILY DWELLINGS) - 6591 MAIN STREET N. E. , FRIDLEY, MINNESOTA: Mayor Liebl read the public hearing notice and the Engineering Assistant showed the location on the overhead projector, and reported the Planning Commission's recommendation for denial is found in the Council Agenda. Just to the south of this parcel is City park land. The City traded some land with Mr. Nitschke to add to the park. The City gave more land than Mr. Nitschke did, so he paid us an additional $250. After the trade Mr. Nitschke ended up .with an 80 foot parcel of land. Directly to the north is a single family dwelling just being completed, then a double bungalow, then the rest to the north are single family homes. He showed the plan on the easel and said that the house is situated toward the back of the lot with the garages toward the front with a courtyard in between. The three units would have separate yards, Mr. Nitschke had asked for a special use permit about a year ago to build a double bungalow, which was approved; however, the permit was never exercised. Mayor Liebl said he believed across Main Street the land is all industrial from Mississippi to Rice Creek. The Engineering Assistant said yes, and added from Main Street to the tracks. Designware is located to the south and just west of this parcel. Mayor Liebl said he recalled giving permission for the duplex just to the north, and he felt it looked very nice. The Engineering Assistant said that that duplex is two stories high and this construction would be similar in height. Mayor L�ebl said that he felt that if this request was approved, it should be contingent upon some sort of screening on the south side between this parcel and the park. He asked if a redwood fence would be satis- factory. The Engineering Assistant said the special use permit was subject to a redwood fence being installed along the south line. He said he felt that a chain link fence would be better than a redwood fence, because there would be baseballs hit in the park, etc. , and the children would be climbing on the redwood fence, and a chain link fence would be more durable. Mayor Liebl asked if there were any objections at the public hearing before the Planning Commission and the Engineering Assistant replied no. Mayor Liebl asked Mr. Nitschke why he did not build the duplex he had requested over a year ago. Mr. Nitschke said that he had talked to several contractors about the best use of the land and they felt that with the industrial zoning' across the street, that the best use for the land w uld be for two - three units. He added he has owned this parcel for about lh years. Mayor Liebl asked if Mr. Nitschke lived in Fridley. Mr. Nitschke replied no, but if this rezoning is approved, he plans on living in one of the units. This is not a speculative venture, it would be his home, and he would want it to look nice. He said he has lived in apartments and he realizes people value a degree of privacy, and he thought his plan was a good one with this in mind. Mayor Liebl asked if this rezoning is granted, would Mr. Nitschke live up to stipulations imposed by the Council, such as a fence? Mr. Nitschke said yea, he would agree to the cyclone fence, and had thought of perhaps putting in a privacy fence inside it because a cedar fence would add more aestetically. He agreed the cyclone fence along the park would probably be a better choice than just a redwood fence. The Engineering Assistant said that having the garages in front of the dwelling is a new concept somewhat, and would eliminate a long driveway. There would ,be four garage stalls for the three units. The code requires 1� parking places per one bedroom un�t. t THE MINUTES OF THE SPECIAL PUBLIC HEARING MEETING OF APRIL 10, 1972 The Special Public Hearing Meeting of the Fridley City Council was convened at 7:35 P. M. , April 10, 1972. PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Liebl, Utter, Mittelstadt, Breider MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Liebl said there was one item to add as follows: Receiving Report from the City Manager by the Screening Committee for the Position of Assistant City Manager/Public Safety Director. MOTION by Councilman Mittelstadt to adopt the Agenda as amended. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. PUBLIC HEARING ON ASSESSMENT ROLL FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT #105: Mayor Liebl read the public hearing notice aloud and the Engineering Assistant showed the two areas involved on the screen, and said that the project was for the Burlington Northern Industrial plat and the Al Rose Addition. Mayor Liebl asked if there had been any calls in regard to the construction and the Engineer- ing Assistant replied no, no calls. Mayor Liebl asked if there was anyone on the Council or in the audience that wished to comment, with no response. MOTION by Councilman Mittelstadt to close the public hearing on the assessment roll for Sanitary Sewer, Water and Storm Sewer Improvement Project #105. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the hearing closed at 7:40 P. M. RESOLUTION #48-1972 - A RESOLUTION CONFIRMING ASSESSMENT FOR SANITARY SEWER, WATER AND STORM SEWER IMPROVEMENT PROJECT #105: MOTION by Councilman Mittelstadt that, inasmuch as there are no objections from property owners or questions from the Council, Resolution #48-1972 be adopted. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Llsbj declared the motion carried unanimously. ► '�&ECIAL PUBLIC �,tARING MEETI�,,, OF APRIL 10 1972 P 3 AGE Mayor Liebl asked Mr. Nitschke if he would follow through as proposed and Mr. Nitschke replied yes, he would meet all the City stipulations. Mayor Liebl asked what was the setback and the Engineering Assistant said it was 35 feet from the garages to the right of way. Mayor Liebl asked if there would be any green area in the back and pointed out that it is R-1 behind him. Mr. Nitschke said yes, the entire back yard would be lawn. This is why he chose this plan, it allows a minimum of blacktop and all the rest of the area can be used as green area. He felt everyone would rather look at green areas rather than a long expanse of blacktop. He added that the lot is 80' x 136' . Mayor Liebl asked if he would meet the square footage requirement and the Engineering Assistant said yes. Councilman Breider asked, with 80' front footage, could he build this building without a sideyard variance? The Engineering Assistant replied yes, each unit is 20' for a total of 60' . Councilman Breider asked if there were any plans for the interior of the building. The Engineering Assistant said no, just this plot plan. Mr. Nitschke added that many townhouses use the basements as living areas but his plans will have two floors plus the basement, Councilman Breider asked what was the square footage of the living space. Mr, Nitschke said they Would average about 1200 square feet per unit, plus a full basement. The Engineering Assistant said, in regard to the parking requirements, that he would most the code if he provided six stalls for the three two-bedroom units, Mr. Nitschke said he could get another one on the side, and added that as he will be the owner and living there, he would prefer small families, and would not be putting in more than two bedrooms per unit. Councilman Utter asked, if he were to put in another garage to allow for a third two-bedroom unit, would he still have enough room on the sideyard, The Engineering Assistant said yes, figuring an average garage is 20' wide, there, would still be 10 feet on each side, since the garages are located in front of the house. Mayor Liebl said that he had driven past this site this A.M: and had talked to the Ward Councilman. He informed Mr. Nitschke that the Council would take no action tonight, but that it would be back on the Agenda April 17th. There are four votes required to rezone property, and he thought, if this triplex were to be as nice and tidy as the duplex just to the north, it would be a nice addition. He said he could not see how this property could be developed as R-1 with industrial zoning across the street and this plan would seem to be the beet use of the land. It would also be more advantageous from a tax standpoint, as the City would get more in taxes from a triplex. He asked how much of an investment this would be. Mr. Nitschke said upwards of $60,000 in just construction costs, Mayor Liebl asked Mr.- Nitschke if he would stay with one one-.bedroom unit and two two-bedroom units. Mr. Nitschke said that as he said, he would like small families. He said he .would work on the plans, and bring them in as soon as they are completed. Mayor Liebl pointed out that the duplex to the north of him has some brick, and he asked him to take this into consideration. He also suggested showing the plans to his Ward Councilman when they are done. He said the firat reading of the rezoning ordinance could be held, but the second would not be held until the plans are approved. Mayor Liebl asked if there was anyone in the audience who wished to comment on this rezoning, either for or against, with no response. ^JBL ',it,ING MEE1_ OF APRIL 10 x.972 PAGE 4 MOTION by Couacilman Mittelstadt to close the public hearing on the rezoning request ZOA X72-01 by Alvin Nitschke. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and the hearing closed at 8:05 P. M. PUBLIC HEARING ON VACATION REQUEST SAV #72-01 BY RUSSELL HEDGE, GENERALLY LOCATED AT 649' - 53RD AVENUE N. E. : (Madison Street) Mayor Liebl said, with the Council in agreement, that the reading of the hearing notice could be waived. The Engineering Assistant showed the location on the screen and said the request was for the vacation of a short stub of Madison Street just north of 53rd Avenue. The Planning Commission recommended approval subject to retaining the northerly 10 feet for utility and drainage, the southerly 25 feet for a Standard Oil Company pipeline, a dedication of the westerly 4 feet of Lot 1, Block 2 for an old existing watermain, dedication of the southerly 6 feet of Block 1 and Lot 1, Block 2 for a water line, and the dedication of the northerly 10 feet of Block 1. The easterly of the vacated Madison Street would go to Gerral Herringer and the westerly to Russell Hedge. The lot split already approved would add the easterly k of Lot 3 to the Social Dynamics Corporation and the westerly 'k would be combined with the easterly k of Madison Street to make residential lot. Mayor Liebl asked if there were any comments from the audience or questions from, the Council, with no reply. MOTION by Councilman Mittelstadt to close the public hearing on the vacation request SAV #72-01, Russell Hedge. Seconded by Councilaun Breider. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unonimoualy, and the hearing closed at 6:07 F. M. Mayor Liebl said this item would be back on the Council Agenda April 17, 1972. PUBLIC HEARING ON VACATION REQUEST SAV #72-02, JOSEPH LAURENT, GENERALLY LOCATED AT 1312 SKYWOOD COURT: Mayor Liebl said, with the Council concurring, that the reading of the notice could be dispensed with. The Engineering Assistant showed the location of the request on the overhead projector and said that there is a 15' storm sewer easement along the westerly boundary of his property. Mr. Laurent wants to add a garage on the side and use the existing tuck-under garage as living area. The Planning Commission recommended approval subject to his putting the top of the footings at the same elevation as the bottom of the storm sewer. He said the Staff also recommends approval subject to the footings being at that depth, which would be about 6' deep. Mayor Liebl asked Councilman Utter what his recommendation would be, since it is his Ward, and Councilman Utter replied that he would approve the request. Mayor Liebl asked if there was anyone that wished to comment, with no reply. MOTION by Councilman Mittelstadt to close the public hearing on the vacation request SAV #72-02 by Joseph Laurent. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Liabl declared the motion carried unanimously and the hearing closed at 8:10 P. M. ORDINANCE NO. 513 AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS The Council of the City of Fridley do ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the County of Anoka and the City of Fridley and described as: Outlot 1, Rice Creek Plaza South, Lot 32, except the South 2.7 feet, Block 4, Lowell Addition to Fridley Park, together with the vacated Street lying between the before mentioned parcels, all lying in the South Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as R-3 (general multiple family dwellings) . SECTION 3. That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (single family dwellings) to R-3 (general multiple family dwellings) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF JUNE 1972. MAYOR - Frank G. Liebl ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: April 10, 1972 First Reading: April 17, 1972 Second Reading: June 5, 1972 Publish. . . . . . . dQ,ee 1A, 1972 _