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ZOA72-12 s-- 3Y i CITY OF FRIDLEY TYPE OF REQUEST MINNESOTA � PLANNING AND ZONING FORM _Rittoning Special Use Pewqt4 Varlapce 4 +APY ww,S $iGNA V.' Approvel PC VTeV liminary Flet Tolephone N ber Approval of rtaet ph mm — 7$`y-2. `�� Plat Streets or MOPERTY OWNER'S SIGNATURE 5 �Vacat ions Address s Other T41ephoAo Number a,- $treed loot#tion of Property. iLapj Description of Property � ;T 13 �� '��V 5 Sc ►�� ;:��,�w. ��R«cj P asent Zoning Classification (C-1 S , local shoZpinng areas) Fxlsting Use of the Property. Proposed Zoning Classification, Special Use, Variance or other request vim, R-1 single family areas Peocrtbe briefly the Type of Use and the Improvement Proposed '�o 3� G�� "vols -�•�-'�� d.-G-i,.�.(,..�.o G,.t„Lr.,a,�� G -s - 44rea$e of Property C-' H#s the present Applicant Previously Sought to Rezone, Plat, Obtain a loot Split, Obtain a Variance or Special Use Permit on the Subject Site or part of It? l When? What vas Requested Fee Enclos0 - 6 3�� pate Filed Date of Hearing VIANNIM A" ZONING FORM PACE Z Naber ZOA #72-12 The pdereigned understands that: (a) A list of all residents and ownars of pro- perty within 300 feet must be #ttached' �o 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 pror ceeding, resulting from the failure to the names and addresses of slt 1100 and property owner$ of property wtthtil feet of the property in question, belopp to the undersi3ned. 1#0490P and Owners of troperty Within 300 feet:' PERSONS ADDRESS A Skotch of proposed property and structure must be drawn on the back of this orp or sttach44, showing the following: 1. Notth Direction 2. Locatioa of Proposed Structure oa 1,04. 3. Dimensions of property, proposed structure, and front #nd side fet*bacip}. 4. Street Names S. Location and use of adjacent existino ! buildings (within 300 feet) . The undersigned hereby declares that all the fa is and representations stated 4p tbie application are true and correct. Z- $tG"ir'ATURE ,rWU_, 1� (APPLICANT) Approved Denied By the 2oi:d of Rppekle 90)oct .to the Following Conditions: -"Too pprovf4 Denied by the Planning Commission on P0409t tp the $oliowing Conditions: ? proved Denied by the Council on abject to the Fgllowing Conditions: d#ts Vora PC 100 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, December 6, 1972 in the Council Chamber at 8:00 P.M. for the purpose of: Consideration of a rezoning request, ZOA #72-12, by James Lund Construction, Inc. to rezone the West 250 feet of Lot 13, Auditor's Subdivision No. 129 from C-1S (local shopping areas) to R-1 (single family dwelling areas) , all lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. General located in the Southeast corner of 75th Avenue N.E. and Central Avenue, Fridley, Minn. Anyone desiring to be heard with reference to the above matter may be heard at this meeting. OLIVER R. ERICKSON CHAIRMAN PLANNING COMMISSION Publish: November 22, 1972 November 29, 1972 3 � 1 5 t IN '_ t INI N � 2,4.7 a Zoo TRA �f -SATE #-1- .WAY4: A�/ ,, ,Te rf ,CEf G �!3fN•ie4e' �i O •-- ---- -- - --- ------.-- --------- --- ---- - ---.,� ..tali I' 7� 7./ 7?1 71/ m/i7 oto..` E?• 4 721 a .^ m9` f 76 N S ez� 1f/ MEAD AMO ' VWa .vS � /vt _. .�- •'L. O 'Y Jo- ��% V �t•',Jv�, �I..�fi��r � •:°�R� .� ``\.. �i � {q, a ,� r1 .. 's� S -.- / � ` �.(t.J�, � • .Sr, t V� O v f31r �/et - .vJJ ..0 rJ' v !! �_ 3• v, , ,5TH:/"�Y, `'• 'kNti{ '''iy ills, ' .i2�t � � �\ _ ��; Ta �a��J'✓J,, •i�• �V��..r -1 rev `� n'� �/S�\ 777 +ti;r 46. Zzy c 041 ili , I t�lV''it ,�� r1' •2 .v ! e7-h' ,"99z � J a�ytis' r.�o t S i n a y a ga v �r�► .w is T — y J Y YlJ6B _ae /� -. rsf `►� 3 _ 74 3T. ��- moo`. a H AY E S a ' N.E. ♦ iA' 4 icZ i 7LO f mo cq ar S %a I 7 --.-� 0. x J WI sI.7 Mailing List: P.S. #72-07, Jim Lund Acres ZOA #72-12, James Lund Constr. Inc. Public Hearing before Plan. Coma Nov. 21, 1972 Public Hearing before Council January.X, 1972 Estates Mobi-le Park Mr. & Mrs. Kenneth E. Herman 1266 Onondaga 7551 Central Ave. Fridley Fridley Edison Industries, Inc. Mr. & Mrs. Ionac Vidervol 621 N. Lilac give 7501 Central Ave. Mpls. 55422 Fridley M. G. AstlefOrd Co. Crown Realty 1200 West Highway X612 4219 Central Ave. Savage, Minn. 55378 Mpls. 55421 Mr. & Mrs. Floyd Miller James P. Wilson 1367 Fireside Drive 1319 75th Ave. Fridley Fridley Marius J. Nygard Mr. & Mrs. Richard Wethe _242 /.tL_ -. - L. o_�1.� // � 1371 75th Ave. Mpls. 554*1.5 L Fridley Mr. & Mrs. Hans Nygard Mr. & Mrs. Gary Schulte 7451 Central Ave. 1361 75th Ave. Fridley Fridley Gerald D. Smith Mr. & Mrs. Mary G. Czeck 1335 Onondaga St. 1381 Onondaga St. Fridley Fridley Ms. Virginia. T. Jacobsen Walter P. Muyres 7426 Bacon Dive 1381 75th Ave. Fridley Fridley Mr. & Mrs. Lawrence Conrad Mr. & Mrs. Lee A. Fjeld 7440 Bacon Drive 139175th Ave. Fridley Fridley Mr. & Mrs. Gary O'Malley Mr. & Mrs. Richard Holien 7432 Bacon Drive 7508 Hayes St. Fridley Fridley Mr. & Mrs. Michael Kohlrusch Mr. & Mrs. Allen Paul 1398 Fireside: Drive 7518 Hayes St. Fridley Fridley Hedlund Electronic Corp. Mr. & Mrs. Donald W. Johnson 1400 Fireside Drive 7500 Hayes St. Fridley Fridley Mr. & Mrs. Alfred Jorgensen James Lund Construction, Inc. 7507 Hayes St. 7709 Woodlawn Drive Fridley Mpls. 55432 -1- Mailing List: P.S. #72-07, Jim Lund Acres ZOA #72-12, James Lund Constr. Inc. Mr. & Mrs. Robert Soli 1420 Fireside Drive Fridley Mr. & Mrs. Arthur Olson 7455 Hayes St. Fridley Mr. & Mrs. Richard Lunder 7469 Hayes St. Fridley Mr. & Mrs. Paul D. Schmidt 7481 Hayes St. Fridley Mr. & Mrs. Peter Wolterstarff 7495 Hayes St. Fridley Mr. & Mrs. Dale J. Hagen 7478 Hayes St. Fridley Mpls. Federal Savings & Loan Assoc. 85 South 8th St. Mpls. Mr. & Mrs. Robert Garber 7501 Hayes St. Fridley Mr. & Mrs. Jeffrey De Antoni 1335 75th Ave. ,�,Q� Fridley Mr. & Mrs. Gillman D. Ulstad 1343 75th Ave. Fridley Mr. & Mrs. Dann W. Batting 1351 75th Ave. Fridley -2- a s -- -� --------------- 70 00 r r n D N C 14 kA m d --� o FI M t� N LA OQ N 0 0 00 0 o J n m i N ' O m in c ,, N 3 E in iv J Z N 3V 56T SPicv, v i yV rt n OLD c Planning Commission Meeting - November 22, 1972 Page 5 MOTION by Fitzpatrick, seconded by Minish, that the Planning Commission recommend to Council denial of that part of the vacation request, SAV #72-06, involving the vacation of Block 10, Hamilton's Addition to Mechanicsville being 55th Avenue between 5th and 6th Streets. Upon a voice vote, all voting aye, the motion carried unanimously. 3. CONFIRM PUBLIC HEARING DATE OF DECEMBER 6, 1972: Rezoning Request, 20A #72-11, by Union Oil Company, 5695 Hackmann Avenue to rezone from C-1S {local shopping) to C-2 (general business) . MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the Public Hearing date of December 6, 1972 for the Rezoning Request, ZOA #72-11, by Union Oil Company. Upon a voice vote, all voting aye, the motion carried unanimously. 4. CONFIRM PUBLIC HEARING DATE OF DECEMBER 6, 1972: Request for a Special Use Permit, SP #72-18, by Union Oil Company, 5695 Hackmann Avenue to construct a convenience store and continue service station. MOTION by Fitzpatrick, seconded by Zeglen, that t:t� Planning Commission confirm the Public Hearing date of December 6, 1972 for the Special Use Permit, SP #72-18, by Union Oil Company. Upon a voice vote, all voting aye, the motion carried unanimously. 5. CONFIRM PUBLIC HEARING DATE OF DECEMBER 6, 1972: Proposed Registered Land Survey, P.S. 02-06, by Donald A. Schultz being a replat of Lots 1 and 2, Block 1, Edgewater Gardens. • MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the Public Hearing date of December 6, 1972 for the proposed Registered hand Survey, P.S. #72-06, by Donald A. Schultz. Upon a voice vote, all voting aye, the motion carried unanimously. 6. CONFIRM PUBLIC HEARING DATE OF DECEMBER 6, 1972: Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres, by James Lund Construction Co. , Inc. being a replat of Lot 13, Auditor's Subdivision 4129. (Southeast corner of 75th Avenue and Central Avenue. MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Commission confirm the Public Hearing date of December 6, 1972 for the proposed Pre- liminary Plat, P.S. #72-07, Jim Lund Acres by James Lund Construction Company, Inc, Upon a voice vote, all voting aye, the motion carried unanimously. 7. CONFIRM PUBLIC HEARING DATE OF DECEMBER 6, 1972: Rezoning Request, - ZOA , by ;Tames Lund Construction Co. ,Inc. , to rezone the West 250 feet of Lot 13, Auditor's Subdivision #129 from C--1 S (local p1lop- pin$) to It-1 (single family dwellings) . } Planning Commission Meeting - November 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 #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 c Uters . 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. All 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 w4s 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 9f undeveloped property, two or three acres, behind Moon Plaza. He thought there was ng 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 beat here, 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 cyst 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. r Planning Commission Meeting- December 6, 1972 Page 4 the service station sold the property what other kind of general business could be using the site. Mr. Clark said th t all the govermental bodies concerned wanted the ser- vice road changed. Chairman Erickson s id we have two requests here, one for legalizing the zoning for a service sta on and one for a convenience store. Now we are talk- ing #bout the loopback th t was not mentioned in the requests. Mr. Clark said that h would assume that the Union Oil Company would dedicate the land for the 1 opback if they have a usable site for their station, but if the request aren't granted, they would not want to dedicate the road. Mr. Kenneth Fletcher, 59 0 Polk Street: He asked what the reasoning was in creating the loopback. Mr. Clark answered that it was to have more stack- room. It will bring the traff c closer to Mr. Hedlund's and Mr. Fletcher's property. Mrs. Hedlund said that if t e road was going to be moved, they would want a copy of the survey to see ow close their house wov.ld be to the street. Mr. Clark said the closest c rner would be 20k feet. Mr. Hedlund asked if the road were put in, would they be required to fence it. Mr. Clark answered that could a made a stipulation. Mr. Fletcher thought they could find an alternate plan. He thought the proposed plan would make the situati worse. Mr. Minish asked at what stage t plan for the loopback was at now. Mr. Clark answered that the State High ay Department will build the road if the City furnishes the right of ways. Mr. Schmedeke said he didn't think he Planning Commission could make any recommendations on this until all th people affected were notified. Chairman Erickson said this intersec ion had been discussed for over a year. The City has to come up with a solu ion. He did agree with Mr. Schmedeke, however. MOTION by Zeglen, seconded by Fitzpatr ck, that the Planning Commission continue the Rezoning Request, 'LOA #72-11 an the request for a Special Use Permit, SP #72-180 by Union Oil Company unti December 20, 1972 so that the property owners affected by the loopback can e notified. Upon a voice vote, all voting aye, the motion carried unanimousl . 4. PUBLIC HEARING: PROPOSED PRELIMINARY PLAT, P.S. #72-07, JIM LUND ACRES, BY JAMES LUND CONSTRUCTION CO. , INC. : Replat of Lot 13; Auditor's Subdivision #129. (S.E. corner of 75th Avenue and Central Avenue. ) 5.1 PUBLIC HEARING: REZONING REQUEST, ZO,� _417� 2-12, BY JAMES LUNR CONSTRUCTION CO. , INC. t To rezone the West 250 feet of Lot 13, Audrtor'a Subdivision #129 from C-IS (local shopping) to R-1 (single family dwellings) . N Planning Commission Meeting - December b, 1972 Page 5 Chairman Erickson stated that these two items would be considered together. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission waive the reading of the Public Hearing Notice for the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres and the Rezoning Request, ZOA #72-12 by James Lund Construction Co. , Incorporated. Upon a voice vote, all voting aye, the motion carried unanimously. James Lund was present. Mr. Clark said the Plats & Subdivisions-Streets & Utilities Subcommittee had recommended approval of the Proposed Preliminary Plat, .Tim Lund Acres, subject to the Planning Commission approval of the rezoning of the West 250 feet of Lot 13 from C-1S to R-1. Chairman Erickson asked Mr. Lund if the entire tract will be R-1. Mr. Lund said it would. He said he couldn't find a commercial use for the property. The special assessments for the entire property seemed to deter commercial development. He feels that the property will be used when it is zoned for residential use. Mr. Clark said the land zoned commercial around Mr. Lund's property is vacant. Mr. Minish said there might be some disappointed property owners if the land around it develops. It was noted that there were other single family dwellings in the general area. Mr. Lund said he would like to have the house that would be built on the corner of 75th Avenue and Central Avenue face 75th Avenue because of the traffic problem. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission close the Public Hearing of the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres, by James Lund Construction Co. , Inc. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission close the Public Hearing of the Rezoning Request, ZOA #72-12, by James Lund Construc- tion Co. , Inc. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, Seconded by Zeglen, that the Planning Commission recommend to Council approval of the Proposed Preliminary Plat, P.S. #72-07, Jim Lund Acres, by James Lund Construction Co. , Inc. being a replat of Lot 13, Auditor's Subdivision #129. Upon a voice vote, all voting aye, the motion carried unanimously. MOTION by Schmedeke, seconded by Zeglen, that the Planning Commission recommend to Council approval of the Rezoning Request, ZOA #72-12, by James Lund Construction Co. , Inc. to rezone the West 25Q feet of Lot 13, Auditor's Subdivision #129 from C-IS (local shopping) to R-1 (single family dwellings). Upon a voice vote, all voting aye, the motion carried unanimously. (Official Publication) CITY OF FRIDLEY PUBLIC HEARING BEFORE THE CITY COUNCIL i'O 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, January 15,1973 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a rezoning request, ZOA No.72-12,by James Lund Con- struction,Inc„to rezone the West 250 feet of Lot 13,Auditor's Subdivision No. 129 from C-IS (local shopping areas)to R-I(Single family dwelling areas),all lying in the North Half of Section 12, T-30, R-24,City of Frid- ley,County of Anoka,Minnesota. Generally located in the Southeast corner of 75th Avenue N.E.and Cen- tral Avenue,Fridley,Minnesota. Anyone desiring to be heard with refer- ence to the above matter may be heard at this meeting. FRANK G.LIEBL Mayor (Dec.27,1972&Jan.3,1973)—TC OFFICIAL NOTICE CITY OF FRIDLEY PUBLIC HEARING , BEFORE THE CITY COUNCIL TO WHOM IT MAY CONCERN: Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the City Hall at 6431 University Avenue Northeast on Monday, January 15, 1973 in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #72-12, by James Lund Construction, Inc., to rezone the West 250 feet of Lot 13, Auditor's Subdivision No. 129 from C-1S (local shopping areas) to R-1 (single family dwelling areas), all lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located in the Southeast corner of 75th Avenue N.E. and Central Avenue, Fridley, Minnesota, Anyone desiring to be heard with reference to the above matter may be heard at this meeting. FRANK G. LIEBL MAYOR Publish: December 27, 1972 January 3, 1973 REGULAR COUNCIL MEETING OF DECEMBER 1$, 1972 PAGE 13 IRREADING OF AN ORDINANCIi REGULATING THE PURCHASE SALE OR POSSESSION OF, CODEINE AND PROVIDING PENAL ES THEREFORE: The City Attorney said there are three other cities in Anoka County under the jurisdictio,p of the County At orney, He agrees, the passing of these ordinances would give the City more flex bility in handling drug, barbituates and glue offenses, The use of these ubstances are prohibited under the State Statutes, but if this is approved by the City, it would allow the City to handle some cases as misdemeanors and take care of by the City Attorney's office. He added in some cases, especiall when young people are involved, these ordinances would enable the City to handle the case as a misdemeanor instead of the County Attorney's office handling the ase under the State Statutes as a felony with a severe penalty, He said, in hi opinion, the City should adopt these ordinance. MOTION by Councilman Mittelstadt to approve the first reading of the foregoing four ordinances and waive the re ding. Seconded by Councilman Utter, Upon a roll call vote, Mittelstadt, Utte , Liebl, Breider and Starwalt voting aye, Mayor Liebl declared the motion c rried unanimously. , RECEIVING THE MINUTES OF THE PLANN NG COMMISSION MEETING OF DECEMBER 6 1972• PROPOSED REGISTERED LAND SUR X P.S. #72-06 BY DONOVAN A SCHULTZ - REPLAT OF LOTS 1 AND 2 BLOCK EDGEWATER GARDENS: The City Engineer said the plan was basically one of combining some property and did not in any way change the Locke ake shoreline. MOTION by Councilman Starwalt to app ave what the Planning Commission had recommended. PS��72-06 for D, A. Schul z, Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Lie 1 declared the motion carried unanimously. The City Engineer said that the next tem which is a Rezoning and Special Use Permit requested by Union Oil Company s still pending before the Planning Commission so no Council action is nee ed at this time, PROPOSED PRELIMINARX ELAT. P.S. # 2-07 JIM LUND ACRES BY JAMES LUND CONSTRUCTION COMPANY, INC, . REPLA OF LOT 13, AUDITOR'S SUBDIVISION #129 (S.E. CORNER OF 75TH AVENUE AND CENTRAL AVENUE) : AND REZONING RE UEST Z A #72-12 JAMS LUND CONSTRUCTION COMPANY INC. TO REZONE THE WEST 250 F LOT 13, AUDITOR'S SUBDIVISION #129 FROM C-IS (LOCAL SHOPPING) TO B:1 (SINGLE FAMILY DWELLINGS) , MOTION by Councilman Mittelstadt to set a public hearing for January 15, 1973. Seconded by Councilman Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, The City Engineer said that the next item, which was a request for a Special Use Permit by Frank Gabreltik, was still pending before the planning Commission and no Council action was required at this time, REGULAR COUNCIL MEETING OF DECEMBER 18, 1972 PAGE 14 s PLANNING COMtdISSIQN MINUTES (CONTINUED) FRIDLEY COMPREHENSIVE PLAN• The City Engineer said the lanning Commission suggested that its present members remain in office until afte the Public Hearings on the comprehensive plan are completed. I MOTION by Councilman Mittelst dt to concur with the Planning Commission and permit the present Planning C mission members to remain in office until the completion of the Public Hear i 8 meetings on the comprehensive plan with no date set. Seconded by Council n Utter, Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. MOTION by Councilman Mittelstadt to receive the Planning Commission Minutes of the meeting of December 6, 1972, Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl eclared the motion carried unanimously. RECEIVING THE MINUTES OF THE BUILDI G STANDARDS - DESIGN CONTROL MEETING OF DECEMBER 7, 1972, CONSIDERATION OF A BEQUEST TO M A HOUSE FROM 6125 NORMANDALE ROAD EDINA MINNESOTA TO PARCEL 2340 UDITOR'S SUBDIVISION NO. 23 REVISED THE SAME BEINQ 6420 RIVERVIEW TE CE N.E. FRIDLEY MINNESOTA. (REQUEST BY MRS. JOHN M. METCALFE 6418 RI RVIEW TERRACE N.E. FRIDLEY MINNESOTA 55432) : The City Engineer said the Building Stan rds-Design Control Subcommittee had suggested the approval of moving this hou a with two stipulations. MOTION by Councilman Mittelstadt to approv and concur with the Building Standards Committee requiring a $5,000 bond for completion and performance, a plan of the landscape must be submitted to he Inspection Department and elevations presented to the ER$iaeerin$ Department with a time allowance of six months. Seconded by Councilman Utter, Upon a voice te, all voting aye, Mayor Liebl declared. the motion carried unanimously, ONSIDERA I0N OF RE E T TO CONSTRUCT A 108 UNIT APARTMENT COMPLEX ND A 59 UNIT TOWNHOUSE COMPLEX TO BE LOCAtED ON PARCELS 4800 AND 5200 SECTION l4 FORMER REIDEL PROPERTY) . GENE LLY LOCATED BETWEEN STH STREET N.E AND 71B STREET N,E ON THE SOUXj SIDE OF MISSISSIPPI STREET IN ERIDLEY. MINNESOTA (REQUEST BY THE WALL CORPORATION 8030 CEDAR AVENU SO TH BLOOMIN TON MINNESOTA 55420 The City Engineer placed the proposed plans submitt d by the Wall Corporation on the easel and called on:Mr, Richard Schwarz, archit ct for the Wall Corporation to present the request, Mr. Schwarz pointed out the revised site plan bounded by Mississippi Street, 63rd Avenue, 5th and 7th Streeto, and said the plans w re primarily as indicated with the exception of the elimination of town houses i the area which may be acquired for a library from the Wall Corporation, He s id there ars two basic revisions, one in the metruction of the townhouses ma ng them two separate buildings, a plan which enabloa Wall Corporation to add arages, In order to make space for garagas, he added, it was necessary to cha ge building sites. PUBLIC HEARING MEETING Page 7 JANUARY 15, 1973 PUBLIC HEARINGS, PUBLIC HEARING ON STREET IMP OVEMENT PROJECT ST. 1973- 1 , ADDENDUM til (GUMWOOD STREET FROM 77TH WAY TO 78TH AY AND ALLEY BETWEEN GUMWOOD STREET & BEECH STREET) MOTION BY Councilman Utter to ive the public hearing notice. Seconded by Councilman Starwalt, Upon a vo ce vote, all voting aye, Mayor Liebl declared the motion carried. The City Engineer briefly explain d. the,.ac> ion, planned. He had talked with the people and they had agreedto take care of- the access on Gumwood & Alley paving themselves. MOTION by Councilman Utter to close the public Hearing. Seconded by Council- man Nee. Upon a voice vote, all voting aye, Mayor Lieble declared the motion carried unanimously and the public h aring closed at 9: 10 p.m. UBHEARING ON A FINAL PLAT. P. S. #72-07, JIM LUND ACRES BY JAMES LUND CONSTRUCTION INC. . GENERALLY LOCATED IN THE SOUTHEAST CORNER OF 2 TH AVENUE AND CENTRAL AVENUE: AND PUPLIC HEARING ON A REZONING REQUEST ZO 2-12 ' Y JAMES LUND CO STRUCTI N INC. TO REZONE FROM C-1 (LOCAL S OPPIN TO R-1 SINGE FAMILY DWELLING AREAS) . GENERALLY LOCATED IN THE SOUTHEAST CORNER OF 75TH AVENUE AND CENTRAL AVENUE N.E. MOTION by Councilman Utter to waive the reading of the Public Hearing notice. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried. The City Engineer explained that some of the property involved was zoned commercial and some residential , The proposal was to have the entire plat zoned residential , The City Engineer added the Planning Commission had recommended approval . Councilman Starwalt said he had met with some of the closest property owners and there was no objection to this zoning. He asked if there was anyone in the audience who was opposed to it. There were no objections. Mayor Liebl asked the City, Engineer if the overall project would be better if the zoning were all single family dwelling. The City Engineer said this would improve the project. MOTION by Councilman Starwalt to close the Public Hearing on the final plat. Seconded by Councilman Utter. Upon a ,voice vote, all voting aye, Mayor Liebl declared the motion carried, and the public hearing closed at 9: 15 p.m. PUBLIC HEARING MEETING Page 8 JANUARY 15, 1973 MOTION by Councilman Utter to close the public hearing on the rezoning request. Seconded by Councilman Starwalt. Upon a voiced vote, all voting aye, Mayor Liebl declared the motion unanimously carried and the Public Hearing closed at 9: 17 p.m. PUBLIC HEARING ON A REGISTERED t_AND SURVEY P 5 q 2-06 BY DONOVAN A. SCHULTZ GENERALLY LOCATED AT 15 RICE CREEK WAY MOTION by Councilman Utter to wa ve the public hearing notice. Seconded by Councilman Starwalt. Upon a voi vote, all voting aye, Mayor Liebl declared the motion carried. The City Engineer said this was re4uested by the property owner and had been approved by the Planning Commission. The City Engineer explained this action was being taken to enable the property owner to acquire the land up to the water line and some of the property under the water. He said if the lake dries , he would have additional property presently under the water now. Mayor Liebl said part of the owners ' building was on another lot. He explained this action as being one agreed upon by the planning Commission and also the Council in an attempt to solve this problem. He said if these requirements were met , the County would also give i s approval of the plan. The attorney representing Donovan A. Schultz said if the water recedes , there would be new real estate and it would be Torrens property. Councilman Nee asked if the owner would be purchasing the lake b ttom. The City Attorney explained the property owners around Locke Lake do not own the property up to the water line and the problem exists on all the lots. a added the people are trying to find a solution to the problems , and Torrens p operty laws are difficult to work with. He advised he thought it appropria to approve the proposal . Mayor Liebl said in order to accomplish this , a legal description had to be established. Councilman Nee asked what wou d be done for the remainder of the people. The City Attorney said they would ave to go through the same procedure , and it's an expensive proposition. R i t Councilman Utter said this had been going on for some time with the pur, %,e ;t allowing this kind of survey. He added, the ether people in the area could apply for this kind of survey also, Councilman Nee said Mr, Schultz would then own property into the Creed and the othe people would own the property up to the line. Councilman Utter asked if they planned to use y fill in the area. The Attorney for Mr, Schultz said they would have to work with the Rice Creek Water-shed District on these matters. Councilman Nee asked what the results may be if t e land were transfered to the City. The City Attorney said it would then be public property , and the people want it private. He explained that under t e water law in Minnesota , the surface water is considered public if it can be used for public purposes and the ownersh'p of the 'Lied is private. REGULAR COUNCIL, MEETING , JANUARY 22, 1973 Page 9 SETTING UP PUBLIC MECTIN S WITH $ ATE LEGISLATORS FROM DISTRICT 46 TO DISCUSS A T ITIES OF STATE LEG ) LATURE SUGGESTED DATES FOR THE MEETINGS ARE JANUARY ?4 FEBRUARY 21 MARCH 21 AND APRIL 1$ 1 Mayor Llebl asked what day of the week the proposed meetings would fall on. Councilman Utter said all he meetings fall on Wednesday evenings. Mayor Llebl expressed the v ew that it is a good idea to tabic to the Legis- lators and find out what Is oing on in the Legislature. He suggested the community room be set as de for the meetings and fees waived. MOTION by Councilman Breider o reserve the Community Room on the proposed dates , waiving the fee. Seco ded by Councilman Nee. The City Manager said the DFL arty had reserved the room, however, he added the administration may be able to have them change the meeting, or perhaps attend the proposed meetings. ayor Liebl .asked if local people and repre- strdatives could ask questions, He said this would give the representatives a chance to communicate. The City Manager was directed to rite a letter to all four men and have the Sun Newspaper publish the dates o the meetings. UPON A VOICE VOTE , all voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF FINAL AT P. S. 472-07 , JIM LUND ACRES BY AMES LUND CONSTRUCTION , INC GENER LLY LOCATED IN S.E. -CORNER OF TH AVENUE AND CENTRAL AVENUE: AND �[ CONSIDERATION OF FIRST READING (IF_AN ORDINANCE FOR REZONING REQUEST ZOA '\ 72-12 DY JAMES LUND CONSTRUCTION INC TO REZONE FROM C-15 TO R-1 , MOTION by Councilman $tarwalt to approve the final plat P. $. #72-07 , Jim Lund Acres , by ,lames Lund Construction Co, Seconded by Councilman Breider Upon a voice vote, all voting aye, Mavor Liebl ' declared the motion carried unanimously. MOTION by Councilman Starwalt to adopt the first reading of ordinance for the rezoning request ZOA #7?-12 by JamQs Lund, and waive the reading. Seconded by Councilman Brelder, Upon, a roll call vote,N ee, Breider, Starwalt , Liebl , and Utter voting eye, Mayor Lieb1 delcared the motion carried vnanlmously and the first reading w-is adopted, CONS ID ,RATION OF FIRST READING OF AN ORDIANANCE FOR VACATION RE UEST SAV /,72-06 PY STATE LAND AND DEVELOPMENT COMPANY PAUL BURKHOLDER• GENERALLY LOCATED BE TWEEN HWY . 100 ON THE NORTH 54TH AVENUE ON THE SOUTH 5TH $TREET ON TH; AND 6TH STREET ON THE EAST -�-T REGULAR COUNCIL MEETING, JANUARY 22 , 1973 page 10 The City Engineer said the only persons concerned were the members of the board of the polish Nation Cemetary, and they had no objections to this vaca- V on request. MOTION by Councilman Nee to adopt the first reading of the Ordinance for the vacation request SAV #72-06, by State' Land and Development Company, Paul aurkholder, and waive the reading, Seconded by Councilman Breider, Upon a roll call vote, Utter, Nee, Breider, Starwalt , and Liebl voting aye, Mayor Liebl declared the motion carried unanimously and the first reading was adopted. NSIDERATION OF APPROVAL OF REIGISTERED LAND SURVEY P S. #72-o6 BY DONO AN A CHULTZ: GENERALLY LOCATED AT 15 RICE CREEK WAY; Councilman Nee Said he was not s tisfied with this proposal , He continued by saying the Planning Commission h said the rest of the residents had been notified and he had checked and t ose he talked with Said no one had been consulted. He suggested as long s the matter applied to the lake bottom that It should be referred to the ocke Lake Association for their views. He asked if an adequate lot had be n established. The City Engineer pointed out the a ea on the overhead projector, and said the split leaves 85 feet next to the roa way and varies. He added, it is large enough to be a building site, Councilman Nee asked why this request had been channeled through the Council , In order to obtain a legal descriptio at this time, according to the City Attorney, the property owners must obt In a registered land survey, and this Involves a great deal of money. He sa d Mr. Schultz had spent $1 ,500 to 42,000 in surveys to satisfy the Regist r of Titles . The City Attorney suggested the City contact Mr, Al Kordiak and Mr. Mike O'Bannon for guidance in resolving the problem in a practical way for the maining property owners. Councilman Nee said he believed the adop ion of the land survey would only compound the problem, He said there are ther pieces of property in the area in private hands, He Stressed the fact tat the problem would be compounded if all the property owners were not able t follow the same procedure, 9 } The City Attorney said at the present time, there is a quit claim deed trans- l ferring the property from Mr. Ostman to Mr. Schultz, Councilman Nee questioned If other property owners were to try to go t rough the same process , would they be told someone' already owns the property. e stated the action can not be unilateral . TFe, City Attorney sald he did n t believe It to be a bad suggestion to refer the problem to the Locke Lake Associ tion as It may result in some program to reduce the amount of money to be s 'ent on this process, He continued by saying Mr, Ostman does not want the propert and does not want to pay .axes on it, The Clty Attorney said he had not done a complete title search on the land, Councilman Nee said he questioned the entire pr cedure because thv- pec:plc in- volved did not know about it, REGULAR COUNCIL MEETING FEBRUARY 5, 1973 PAGE 5 Mayor Liebl said it is ve important to have an attractive sign as the liquor business has be ome very competitive since the new tax • law. Mr. Anderson said the had decided the words 'Bottle Shop' would be better suited than 'Liqu Store' . Mayor Liebl agreed saying, are already too many s gns that say 'Liquor Store" . The City Manager said he had chosen bl e for the color of the lettering because there are so many using red a there is a red sign next door. Councilman Nee asked the City A torney if the: were required to say 'Municipal Liquor Store' on the ign. The City Attorney said no. The City Manager said some of th City's present signs are worded 'Liquor Store' . The City Manager said the action th t is necessary at the present time would be to approve the conoept of e sign. After this is done, the City will have to receive bids o the project. Mr. Anderson offered his assistance in preparing the speci ications for the sign. MOTION by Councilman Utter to approve he proposed sign concept, authorizing the specifications to be drawn and bids to be received. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. ORDINANCE #531 - FOR REZONING REQUEST Z #72-12 JAMES LUND CONSTRUCTION, INC. , TO REZONE FROM C-1S TO R-1: MOTION by Councilman Utter to waive the reading and adopt Ordinance #531, and order publication. Seconded by Councilman Nee. Upon a roll call vote, Utter, Nee, Breider, Starwalt and Liebl voting aye, Mayor Liebl declared the motion carried unanimously. ORDINAINCE #532 - VACATION RE EST SAV #72-06, BY STATE LAND & DEVELOPMENT COMPANY, PAUL BURKHOLDER: MOTION by Councilman Nee to wai a the reading, and adopt Ordinance #532 and order publication. Seconded by Councilman Breider. Upon a roll call vote, Liebl, Utter, Nee, Bre er and Starwalt voting aye, Mayor Liebl declared the motion carried unanimously. CONSIDERATION OF APPROVAL OF .REGIS RED LAND SURVEY P. S. #72-06 BY DONOVAN A SCHULTZ; GENERALLY LOCAT D AT 15 RICE CREEK WAY (TABLED 1-22-73) : AND CONSIDERATION OF PROBLEM OF OWNERSHIP F LAND UNDER LAKE BY H0,%MWNERS AROUND LAKE: ' MOTION by Councilman Nee to receive the otters; from Nasim Qureshi, City Engineer, to Locke Lake Home Owners dated January 26, 1973, from ,} Nasim Qureshi, to Anoka County Board of :^ issioners, and from Donovan A Schultz to the City of Fridley Council, dated February 1, 1973. Seconded by Councilman Starwalt. Upon a v ice vote, all voting aye, Mayor Liebl declared the motion carried un imously. Mayor Liebl called on Mr. Frank Nebel, Pres' ent of the Locke Lake Association to present the views of the asso iation. •4 ' 2 ORDINANCE N0, 531 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: The West 250 feet of Lot 13, Auditor's Subdivision No. 129, lying in the North Half of Section 12, T-30, R-24, City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as R-1 (single family dwelling areas) . 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 C-1S (local shopping areas) to R-1 (single family dwelling areas) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5th DAY OF February 1973. MAYOR - Frank G. Liebl ATTEST: CITY CLERK - Marvin C. Brunsell Public Hearing: January 15. 1973 First Reading: January 22, 1973 Second Reading: February 5, 1973 Publish. . . . . . . :