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ZOA74-04
L/ 0 2 CITY OF FRIDLEY MINNESOTA TYPE OF REQUEST i PLANNING AND ZONING FORM Rezoning Number 1-40Y Special Use Permit Approval of APPLICANT'S SIGNATURE y i Preliminary Plat c-- Approval of Address /00 ,� l Final Plat ' p- / Streets or. Telephone Number (7 / QQ �' Alley Vacations Other PROPERTY O{9NER'S SIGNATURE _ I Address/0, � '�'- , - -7`7�,-( - � 1 �oYt . —.`7 5 VV_ / iI i Telephone Number Ml- ®0 3� Street Location of Property � Legal Description of Property /er? _ `- f 4L 3 2 C'/r- i 7/tel �i �7"o d li' ��a -rte �C7Q// /USC - Y� OV f- % - !�a Ca61k / y! n Psa7�E7 Present Zoning Classification �/ -�7? (/V 9-),(T tl LOTS ,4 /9,5 c c,,Rqrkrt7 occ-uPee o 0 )/ S/,Vc,,j Existing Use of Property /o ,4o/`s ARE V,4e-,g 7T RAS/D�n�*s Pr posed Zoning Class licatio Sp cial se, Saar erequest / /1q ; _�i21 .0 f 8 Y�1/�C FS/C1 P ! 134 Describe briefly the Type of Use an�d/ Improvement Proposed Fjy l�Rvi'F/4rY -Cl-ays 3l a32 -13 *Acreage of Property TO 7`14 L AR_,t 4 C©,(�SjpF/?FD �,O 2 ArtoES Has the Present Applicant Previously Sought to Rezone, Plat, Obtain a Lot Split, i Obtain a Vari_a. nce or Special Use Permit on the Subject Site or Part of It? When? What was requested `- Fee Enclosed e Rec. No.-- Date Filed A.- !r ' 77 Date of Hearing! C I I ti PWN124r AND ZONING F04 PACETtm "dersigned underotands that; (a) A list of All residents and owners of rv- perty within 300 feet must be ottached �Q this application. (b) This application must be Sign;d by all owners of the property, or to explan-!ition given why this is not the cove. (c) Responsibility for any detect in the pro:- ceedingi resulting from the failure to R e the names end addrenses of pil residents jand property owners of property w4LI14;n K-O feet of the property in question, belopgs ' to the undersi3ned. Roofdegtp end Owners of Property within 300 feet P-2RSONS ADDRE S S r -IZ .. �;q t ctt o I A p f proposed property and structur must be dra�c,n on the back of thta form or attached, showing the following; 1 . North Direction 2. Locatfoa of Proposed Structure on lost. 3. Dimensions of property, proposed structure, and front and side Cettbac ,,q. 4. Street Names S. Location tnd use of adjacent enistino buildings (Within 300 feet) . Shq undersigned hereby declares that all the facts and representations stated fp this application are true and correct, -7 1 47 7 c� SIGi�A%'URE j� (A M,ICANT) Approvod Denied By the 3oasd of appehis subject .to the following Conditions: c eta hpprovod Denied by the Planning Co=iasion on Publopt to the Fallowing Conditions: ��4te approved Denied —_ by the Council on 00JUt to the Fgllowtng Conditions: date Form PC 100 57 70 acs. SSS 6-J-y I� `� Ic (Official Publication) September 11,1974,1974 in the Coun- R-24,City of Fridley,County of OFFICIAL NOTICE cil Chamber at 8:00 p.m.for the pur- Anoka,Minnesota. CITY OF FRIDLEY pose of: Generally located between PUBLIC HEARING Consideration of a rezoning re- 79th Way N.E. and Longfellow BEFORE THE quest,ZOA No.74-04,by Henry F. Street and Ashton Avenue and PLANNING COMMISSION Muhich, to rezone Lots 11 the railroad tracks. through 21,and Lots 28 through Anyone desiring to be heard with TO WHOM IT MAY CONCERN: 37, Block 4, Spring Brook Park reference to the above matter will be Notice is hereby given that there Addition,from M-1 (light indus- heard at this meeting. will be a Public Hearing of the Plan- trial areas)to R-1(single family EDWARD J.:F ITZPATRICK ning Commission of the City of Frid- dwelling areas) located in the Chairman ley in the City Hall at 6431 University South Half of Section 3, T-30, Planning Commission Avenue Northeast on Wednesday, (Aug.28&Sept.4,1974)--SB6 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, September 11, 1974, 1974 in the Council Chamber at 8 :00 P .M. for the purpose of: Consideration of a rezoning request, ZOA #74-04 , by Henry F. Muhich, to rezone Lots 11 through 21, and Lots 28 through 37, Block 4, Spring Brook Park Addition, from M-1 (light industrial areas) to R-1 (single family dwell- ing areas) located in the South Half of Section 3 , T-30 , R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 79th Way N.E. and Longfellow Street and Ashton Avenue and the railroad tracks. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. EDWARD J. FITZPATRICK CHAIRMAN PLANNING COMMISSION Publish: August 28, 1974 September 4, 1974 t,. t' P ` _ rt ' C L U i v vlye .. WIT r» N� rna•r., � its � wc IYG WS nro � WWI ••• f :❖:❖:• • • r o Planning Commission ZOA #74-04 Henry Muhich Council 7V Mailing List Mr. Henry F. Muhich Mr. & Mrs . Robert Welch 1005 Lincoln Terrace N.E. 144 Longfellow Street N.E. Columbia Heights 55421 Fridley 55432 Richard Rush Mr. & Mrs. Leonard Benson 3619 Janssen Avenue North 154 Longfellow Street N.E. Chicago, Illinois 60613 Fridley 55432 Mr. & Mrs. Donald Schutte Mr. & Mrs. LaVerne Linder 181 79th Way N.E. 1495 Trollh gen Drive N.E. Fridley, Minnesota 55432 Fridley 5541 Mr. & Mrs. Charles Floer Mr. & Mrs . Eugene Pett 161 79th Way N.E. 176 Longfel1low Street N.E . Fridley, Mn 55432 Fridley 554 2 Mr. & Mrs. Raymond Haroldson Mr. & Mrs. ohn Prescott 151 79th Way N.E. 190 Longfel{�ow Street N.E. Fridley 55432 Fridley 55432 Mr. & Mrs. John Kelly Tri-Co. Builders , Inc . 3801 Crystal Lake Blvd. 7555 Van Buren Street N.E. Robbinsdale, Mn 55422 Fridley 55432 Mr. & Mrs . Cyril Paulson John L. Skotte 131 79th Way N.E. 4520 58th Avenue N. Fridley 55432 Minneapolis , Mn 55429 Rodney Gooler Stella M. Yahr 5618 56th Avenue North 187 Longfellow Street N.E. Mpls 55429 Fridley, Mn 55432 Mr. James Roberts Mr. & Mrs. Frank Zembal 121 79th Way N.E. 161 Longfelow Street N.E. Fridley 55432 Fridley 554 2 Mr. & Mrs. George Johnson Mr. & Mrs. lichael Boyer 211 79th Way N.E. 159 Longfel ow Street N.E. Fridley 55432 Fridley, Mn 55432 Mr. & Mrs . Charles Fjeld Mr. & Mrs. Al Martinsen, Jr. 210 Longfellow Street N.E. 151 Longfellow Street N.E. Fridley 55432 Fridley, Mn , 55432 Agnes Ekola Northern States Power Company 1845 Hillcrest Avenue 414 Nicollet Mall St. Paul , Mn 55116 MinneapolisiMn 55401 Mr. & Mrs . Glenn Stack Mr. & Mrs. Carl Sorenson 821 Washington Street N.E. 4615 University Avenue N.E. Anoka, Mn 55303 Minneapolis55421 Mailing List Page 2 ZOA #74-04 John Hayes 136 Liberty Street N. .E Fridley, Mn 55432 Lina K. Olsen 411 9th Street Coronado, California 92118 Machining Inc. 140 Liberty Street N.E. Fridley 55432 S. & W. Realty C/0 Twin City Federal 111-67589 801 Marquette Avenue Minneapolis, Mn 55402 Mrs. & Mrs. Henry Wolff et al 3502 14th Avenue South Minneapolis, Mn 55407 Mr. & Mrs. William Super 190 Liberty Street N.E. Fridley 55432 Mr. & Mrs. LeRoy Trautner 201 Lonfellow Street N.E. Fridley 55432 Chas Inc. , A Minn. Corp. c/0 Midwest 39-1199220 85 South 8th Street Minneapolis, Mn 55402 Park Construction Company 7900 Beech Street N.E. Fridley, Mn 55432 Meadow Run Richard Fudali Suite 500 Brooklyn Tow ers Minneapolis, Mn 55430 ZOA #74-04 List of property owners in Blocks 4 & 5, Spring Brook Park Addition whom I was able to contact & explain the proposal and whose signatures I was able to obtain: I - Block 4 Lots 3 ,4 , 5, 6, Jeffrey Mosiman 9242 Flanders N.E. Lots 9 ,10 Dennis Barker 5203 Central Ave. N.E. Lots 13 ,14 John Kelly 3801 Crystal Lake Blvd. Lots 15,16, 17 Cyril Paulson 131 79th Way N.E. Lot 18 David Morton 5702 West Broadway Lots 19 , 20, 21 James Roberts 121 79th Way N.E. Lots 28 ,29,30 John Kelly 3801 Crystal Lake Blvd. Lots 31,32 Henry Muhich 1005 Lincoln Terrace Lots 33, 34 ,35 Robert Welch 144 Longfellow Lots 36,37,38 Leonard Benson 154 Longfellow Lots 39, 40 Dennis Barker 5203 Central Ave. N.E. Lots 41, 42 Eugene Pett 176 Longfellow Lots 43 , 44 John Prescott 190 Longfellow Lots 45, 46 Dennis Barker 5203 Central Avenue N.E II - Block 5 Lots 3, 4 Stella Yahr 187 Longfellow Lots 5, 6, 7 Frank Zemboff 161 Longfellow Lots 8, 9 Mike Boyn 159 Longfellow Lots 10 ,11, 12, 13 ,14,15,16, 17 ,32, 34 ,35, 36,37,38 Machinery, Inc. (Frank Schaul) 140 Liberty Lots 41, 42 , 43 ,44 Dennis Barker 5203 Central Ave. N.E. Lots 45, 46 Bill Super 190 Liberty TOTAL NUMBER OF LOTS INFORMED - 62 List of property owners in Block 4 and 5, Spring Brook Park Addition whom I was unable to contact up until now. 8/3/74 I - Block 4 Lots 1, 2, Richard Rush 3619 Janssen Ave. N. Chicago, Ill Lots 7 , 8 , Charles & Patricia Floer Minn. Fed. Savings & Loan Lots 11, 12 Richard Rush Chicago, Illinois II - Block 5 Lots 1, 2, Tri-County Builders 7555 Van Buren St. Lots 39 , 40 Henry & M. Wolff 3502 14th Ave. South TOTAL NUMBER OF LOTS WHOSE OWNERS I HAVEN'T BEEN ABLE TO CONTACT - 10 as 1 9�- /"3Z0ck �- ,q, L,, f S 3. k rr !+r e Z y 3 8 ®/ C'-rks l@ l l a ke. P{,/0715 C'-yriL A792 ' GvaY /V-4- . s ,ZO - I- �c��yrPS cl & 7Y '� Gf/aY N . 3a TPS- �"P,�.l j, 3$a / Cr f s ?a( / 16 kp �. �d�S ✓ l 9L 3 2 17 A'o _`7 �/ 77 0 c,C � TP y"ya e � 9, , 24y - 33 -_3 y- "/r / — ///y lo,Ia74s - 3 -3?-3 J9- -- Z s 071 ✓5 5` �a�?y T���o Gc, 3 C'&w Ara l2.Ze f5 — 1 - 4e 2 v�N to pe f74 --- l G /c, j ,o LL a cz, I3, �'3 !y, le ?s , �_g- � - d e n x�`s ar�i�P r --� 3-;Z� 3 Cew ,2. Lo7LS - .`�— r�yt �yk� �f' CC-1 �otit�V-P.GZc4et, 7 ,F- -42 _1 -/�{-I 3-/'�'l7 -.31 -33 -3'1'--?5 --3 4 --3?- 3g'— ' /Var /yrevy e, •Yaxav /) !p �e,/x �Yf ¢ 2 - �Z3 -`1`�- � ' �o3 ��n7-Yaen hP ,C � T07,41- A141NO,c Ps o r= L o TS 1'7 P9 qtr! 724� 4 �a la/-5 --- 7¢c9 C4 ar/cos - /!iWwc I&d� �c9V4rvtr95 9- 4d� y� ti /?vs C- A < C4o �� �o/ 'l �'•2 T�"l - C c,v x ! i�CI�^S`! °75 5 `JV a >t /3vren �V ' lye ZOA #74-04 /a��1�✓ ,� � -�`'�-may ��,�e�.��' R= Y l/^ AO Vj J t 's9 9 ` i ZOA #74-04 i� �-� ecz , /a U 0 -29�.z�-rzo I-et,6 ��-,� P�� 5-1 r1G To Whom it May Concern : RE: ZOA #74-04 We are in favor of rezoning Block #4 Spring Brook Addition to R-1 We own the house on Lots #33,34, & 35 and we feel it beneficial to have this property rezoned. Thank you for your consideration on this matter. Sincerely, Jw Robert J . Welch Judith L. Welch 144 Longfellow N.E. MEMO TO: The Fridley Mayor, City Council, Planning Commission and Staff MEMO FROM: Henry F. Muhich - Owner of Lots 31 and 32, Block 4, Spring Brook Park Addition, Fridley, Minnesota. MEMO DATE: August 6, 1974 RE: Rezoning of Lots 11 through 21 and Lots 28 through 37 , Block 4 , Spring Brook Park Addition, from Light Industrial (M-1) to Single Family Residential (R-1) (ZOA #74-04) Before making this request for your consideration of rezoning this parcel of land as shown on the enclosed portions of the section maps from light industrial (M-1) to residential (R-1) , I made quite a thorough survey of the areas. I found that a great majority of the occupants and land owners in the vicinity seem to be greatly in favor of the proposal. I've obtained signatures and addresses of all the property owners of the land in question, except for Mr. Richard Rush of Chicago, Illinois, owner of Lots 11 and 12 , Block 4, of the Spring Brook Park Addition. I have, however, written to him explaining the situation, with a request for his opinion on the matter. I have also obtained favorable reaction from most all of the other owners in the neighborhood. This includes parties from both Block 4 and Block 5 . I was able to explain the proposal to all those who signed the rezoning form. In reviewing the proposal, you will find that the four home owners located toward the East end of Block 4 , which is zoned industrial, have maintained and improved their property, probably with the intention of staying there for some time. I would also like to p6int out that it would appear improbable for the City of Fridley to ever realize much additional revenue from the area. Industrial zoning ordinances such as area and setback requirements make it virtually impossible for any industrial develop- ment. ENRY . MUHICH Enc. . r ' September 1.9, 1.974 Fridley Building Commission Fridley Minnesota Dear Sirs : I understand that the Fridley Planning Commission has continued the Public Hearing regarding the request for rezoning of lots 1.1 through 21 and lots 28 through 38 of Block 4, Spring Brook Park Addition in Fridley from light industrial to single family residential. I wish to inform the Fridley Planning Commission and Council that I am the owner of lots 1.1 and 12, Block 4, Spring Brook Park Addition which is presently zoned light industrial I would like to join in the request to rezon the East end of Block 4 to single family residential. I would also wish to add should any of the other property owners of the area in question prefer to keep the present honing that I would still prerer to rezoning my property to single family residential along with any of the other lots in the area whose owners might like to have them changed. I do not know of any proposals that would have built any light industrial buildings on these lots since they were zoned 'for industry years ago. RiZ =d Rush I 1A ; CITY OF FRIDLEY PETITION COVER SHEET Petition No. 16-1974 Date Received September 26, 1974 Object Rezoning of East Half of Block 4, Spring Brook Park Addition in Fridley from the present Light Industrial to Single Family Residential Petition Checked By Date Percent Signing Referred to City Council Disposition r / 1B r ZZ-7reP of -! 3 30 �r f ?tel. ! �%�%�:..� - ,7i12 rte'--�;�.•�_ �-tG-''� 3; Off" a X35-� o��C; Y 1 �.. D 15,5' 3 ,Z 144 4it qQ- -\ ss 3a.. 560-3450 Cit ANOKA COUNTY 6431 UNIVERSITY AVENUE NE FRIDLEY, MINNESOTA 55432 December 9, 1974 Mr. Henry F. Muhich 1005 Lincoln Terrace N.E. Columbia Heights, Mn 55421 Dear Mr. Muhich, Please be advised that your rezoning request, ZOA #74-04 and moving permit request will be considered by the Fridley City Council on December 16, 1974 , a Monday, at 7 :30 P.M. Sincerely, DARREL CLARK Community Development Administrator DC/de 1� Z a 222y8 Z8 z 1 - 8 37 sE i95 G 33 32 3/ 3o 9 '8 27 "6'� 6 3,42 33138 37 36 3 l if 33 31 31 a 7 `�d 4 I 30 7 x /! Az ,r4/j 6/ /8/S 2,0 !4 a S f6 17 '9 w 21'ZL 30 STREET - .T� iti Ja r 30 20 v f 3,p� i L°� Q S 2 r 9r'1�9i?9 7 6 433 a2 s°`i3 27 26 Er + t 3e go rs 6 7 g 51?. !2 2Z2 4Z77�ZB 6 ! r /1/3 -f/S/6 / 261 2113 / / ) /6;/ /� /�'� ". a , 30 60 Z° 30 S ( i,-T me ju��rr� o SIT � � . cn , / 29.2A oZ.924 0 • 3 2 I ' 8 7 Zo 4 2! ? 13 3211 3 Z' t� 7 Q Z Z ( i.. fae.T'�90 �io Orsi 6 Sia /6 7/9/9 f 3 I r'n to 11_ x to, IIIJI E. l Nby Se Per SC t yo /xaiz 470 o 2SS I IWO 39, i3l. D D6 n o .2 3 o J 9s.sl, 93Q./8 (fib- � � ��',� .e s •a� q Y 1 a. 0 P� J( ill r G 3. � 1 ♦ '`. ' �1 ZOA #74-04 Henry Muhich 117 A-170-4- <N ,i76 AGIv IN n qo a r5 Y� ` Sl 5 �•�15. -..qt yu 1 5.a 1 t e.n 4X;,�! 1�0. �\ \, •� \\ PEARS SS -e14 t"; Z 74110 f%O/l l} J , \ NJ IA a } � c, C� o I�e i H Lu � o p. ua m OC c J Ac I �' sem•-�' / � ��, r .y i { . t j ovo� -41 Ik � a .1 z r � � 4 7 v 1-L N�Cl <:� z NO -4H5V OL � I lj x 1 ( j, IRK i CSA t� V, '� 7 Planning Commission Meeting - _September ll, 1974 Page 5` UPON a voice vote, all voting aye, the motion carried unani7:�' 2. PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST: #74-04, BY HENRY F. MUHICH: To rezone Lots 11-21, an Lots 28- , Spring Brook Park Addition, from M-1 (light industrial areas) to R-1 (single family dwelling areas) to allow the moving in of a single family dwelling on Lots 31 and 32 , Block 4 , Spring Brook Park Addition, generally located between 79 h Way N.E. and Long- fellow Street; and Ashton Avenue and the railroad tracks. Mr. Hank Muhich was present. MOTION by Lindblad, seconded by Harris, that. the Planning Commission ' waive the reading of the Public Hearing notice or) rezoning request , ZOA #74-04 , by Henry Muhich. Upon a voice vote, all voting aye, the motion carried unanimously. Mr. Clark said that about half of Block 4 it zoned R-1 and R-3. On the portion of this block that is zoned M-1, there are - single family homes on the occupied lots. Mr. Muhich said lie had contacted all the owners of the property in this block, and with the exception of Mr. Leonard Benson, 154 Longfellow Street, they were all in favor of thoir property being re- zoned to R-1. Mr. Benson said the reason he objected to is rezoning was because he has to look at industrial developmen across the street so he didn' t mind having industrial development next door. As his garage ara e was in the M-1 zoning, and as he was in he construction business, he thought that at some time, he would like to ave a cabinet shop in his garage, which he couldn' t do if his propert was rezoned to R-1. Mr. Harris said that he knew Mr. Muhich ha done a lot of work on this request, but as this involved a lot of roperty owners, he would like to see a petition from these other o ners asking for this zoning change,e, before the Planning Commission m de any recommendation on this request. Chairman Fitzpatrick said it had usually b en the policy of the Planning Commission not to make a decision on a rezoning request when they were two members short, as they were at this meeting. Mr. Muhich said he was certain he could ge everyone' s signature on a petition favoring this request with the ex eption of Mr. Benson. Mr. Benson asked if he could get up a petition against this rezoning? Chairman Fitzpatrick said that anyone can bring in a petition on any proposal, for or against. Mr. Harris said the reason he would like o see a petition from the affected property owners was so that at so e future date, one of these owners couldn' t say that their property ad been rezoned without their knowledge or consent. Mr. Benson asked if he was right in .assum' ng that as his property was presently zoned M-1 that he could have a c binet shop in his garage r Planning Commission Meeting - September 11, 1974 Page 6 if he so desired. Mr. Fitzpatrick said there was a question in his mind whether this would be automatic or if he may have to seek some type of approval. Mr. Clark said he would have to check on this further, but he could probably have a cabinet shop i.n' his garage under the present zoning , but not under R-1 zoning. Mr. Benson said the reason he bought this property was because of the M-1 zoning and that was why he was opposed to any zoning change. Mr. Clark said that if the rest of the Bloch; was zoned R-1, it could have an effect on the resale value of your house , and also if your house was damaged by fire or wind or by other means , more than 500 , you would not be allowed to rebuild, when this property was zoned M-1. There are pros and cons to this zoning also. -Chairman Fitzpatrick said he wasn' t sure this was in the present zoning code, but the Planning Commission was presently going through the Code , clarifying some things that needed clarification, and putting in the Code some things that were City policy at the present time. Mr. Benson asked that if all the property on this block was developed as R-1, would there have to be some type of barrier because of the railroad tracks. He said he worried about his children and the tracks now. Chairman Fitzpatrick said the Planning Commission dould put some type of stipulation on the rezoning request, if they so desired, but they shouldn' t expect the railroad to do this because they were there first. Mr. Muhich said that it seemed that in practice, the industrial screens from the homeowner, not the homeowner screening from industrial, unless they choose to do so. You couldn' t expect the owners of the property next to the railroad tracks to provide a barrier that would benefit the rest of the homeowners in this area, unless they want to do it. Mr. Fitzpatrick said the Planning Commission can put any stipulation we feel would be needed in considereing this rezoning. Mr. Harris said that if there was some noise abatement on this property, it would enhance the value of the property. Mr. Harris asked Mr. . Clark how long this property had been zoned M-1. Mr. Clark said the original zoning map, 1956.. Mr. Harris asked if there were residential homes on some of this property then. Mr. Clark said that there was. They allowed R-1 to be built in any zoning until 1969 . Since that time, it has not been City policy to allow single family homes to be built on commerical or industrial zoned property. Mr. Benson said Mr. Muhich should just rezone his own property, and leave the rest of the block alone . Mr. Muhich said the other property owners who have R-1 dwellings on this block, with the exception of Mr. Benson, wanted the property rezoned also, because they didn' t want any industrial. next door to them. 1 Planning Commission Meeting - September 11, 1974 Page 7 Mr. Farris said he would just as soon keep the •Public Hearing open and continue this request until Mr. Muhich decides what he wants to do, get up a petition or just ask for rezoning of his own property. MOTION by Harris , seconded by Lindblad, that the Planning Commission continue the request for rezoning, ZOA #74-04 , by Henry F. Muhich , to rezone Lots 11-21 , and Lots 28-37 , Block 4, Spring Brook Park Addition , from h1-1 (light industrial areas) to R-1 (single family dwelling areas) to allow the moving in of a single family dwelling on Lots 31 and 32 , Block 4, Spring Brook Park Addition, until September 25, 1974 . Upon a voice vote, all voting aye, the motion carried unanimously. Chairman Harris adjourned the meeting at 10: 00 P.M. Respectfully submitted , A:se, Dorothy E Secretary i I 1� L PLANNING COMMISSION MEETING - September 25, 1974 Page 2 RECEIVE ENVIRONMENTAL QOALITY COMMISSION MINUTES : AUGUST 27 , 1974 Mr. Drigans said they\an iscussion in these minutes about the Shade Tree Ordinance. sked Mr. Clark if he knew how this program was progressing amany trees have been removed. Mr. Clark said he knew there bout 800 trees involved. There are two steps in removing thees. First there has to be a deep trench made around the trlater, the removal of the tree. He said he didn' t know how mees have already been removed, but he understood the City wating good cooperation from the property owners. Mr. Huff would bing follow-ups on all, the orders for removal. MOTION by Harris , secby Lindblad, that the Planning Commission receive the minutes of thu t 27 , 1974 meeting of the Environmental Quality Commission. . Uponi e vote, all voting aye , the motion carried unanimously. 1, PUBLIC HEARING: CONSIDERATION OF A REZONING REQUEST, (ZOA 74-04: , BY HENRY F. MUHICH: To rezone Lots 11-21 and Lots 28- Spring Brook Park Addition, from M-1 (light industrial areas) to R-1 (single family dwelling areas) to allow the moving in of a single family dwelling on Lots 31 and 32 , Block 4 , Spring Brook Park Addition, generally located between 79th Avenue N.E. and Longfellow Street, and Ashton Avenue and the railroad tracks . Mr. Henry Muhich was present. Public Hearing open. Chairman Fitzpatrick said that one of the reasons this request had been continued was to give Mr. Muhich the opportunity to circulate a petition to be signed by the affected property owners . Mr. Muhich said he had the Petition and it was signed by seven of the eight property owners. The only one who did not join in this request was Mr. Leonard Benson, 154 Longfellow Street N.E. , owner of Lots 36, 37 , and 33 , Block 4, Spring Brook Addition, who had stated at the last meeting that he was opposed to having his property rezoned. Mr. Muhich said one property owner lives in Chicago, but he had sent a letter, which was included with the petition. .MOTION by Harris , seconded by Lindblad , that the Planning Commission receive Petition No. 16-1974 , which includes the attached letter, which was signed by seven of the eight property owners of Lots I1-21 , and 'Lots 28-37 , Block 4 , Spring Brook Park Addition, requesting that their property be rezoned from M-1 (light industrial areas) to R-1 (single family dwelling areas) . Upon a voice vote, all voting aye , the motion carried unanimously. Mr. Drigans said the owner of Lots 36 , 37 and 38 has one residential lot and .two M-1 lots. why is he opposed to this request? Chairman Fitzpatrick said Mr_ . Benson had stated at the last meeting that he had purposely bought this property because in was zoned M-1. At some later date, he would like to have a business in his garage, such Planning Commission Meeting -.September 25, 1974 Page 3 as a cabinet shop., which he couldn' t do if his property was rezones to R-1. This garage is in the present M-1. zoning , and his house is on lots that are half R-1 and half M-1 . Mr. Muhich said he had contacted the owners of 66 lots of the 72 lots involved within the 300 foot radius of this request, and the only objection he had to this rezoning was Mr. Bensons. Mr. Drigans asked Mr. Muhich the purpose of this rezoning request. Mr. Muhich said he wanted to move a house onto the two lots he owned. Chairman Fitzpatrick said that . since 1969 , we haven' t allowed any R-1 use of industrial property. It was allowed before that. Mr. Drigans asked if this area was zoned R-1, how many sites would be left to build homes on. Mr. Clark said that with Mr. Muhich ' s property, there would be four sites left. Mr. Drigans asked why it was disallowed to let an R-1 dwelling to be built in an area like this. Mr. Clark said it was the feeling that if you have commercially zoned property , commercial should be built there, and if its zoned industrial, it should be built industrial. This was to prevent the intermixing of residential with commercial and industrial property. Mr. Fitzpatrick said that prior to 1969 , it was felt that you couldn' t build up in a zoning district, but you could build down. R-1 was allowed in any district, for instance. Mr. Harris said if he read the code right, Mr. Muhich could put this house on his property with a Special Use Permit, as an alternate to rezoning. Mr. Drigans said there wasn' t much you could do industrially in this area with the property that was still vacant. Mr. Robert Welch, 144 Longfellow Street N.E. , said he lived next door to the property Mr. Muhich owned, and he would much rather have a house go in there than any industrial development. Mrs. Cyril Paulson, 131 79th Way N.E. , said they have lived at this addess since June 3 , 1960, and when they purchased the property they had no idea their property was zoned M-1. She said it was her understanding that if this house was over 50o damaged by fire or wind or by some other means , that it could not be rebuilt in the present zoning. She said they wanted to continue. to live in this house for some time, and to protect themselves , they were in favor of rezoning their property to R-1. Mr. Drigans asked Mr. Benson how long he had lived at 154 Longfellow Street? Mr. Benson said it would be three years in October. Mr. Drigans asked the size of his garage and what he used it for now. Mr. Benson said it was 24 ' by 22' and he used it to store his truck, snow- mobile, saws and other tools. Mr. Drigans asked him if he was a cabinet maker. He said he wasn' t, he was in the construction business . Mr. Muhich asked him what phase of the construction business he was in. Mr. Benson said he worked in concrete and masonry and did some carpenter work. Planning Commission meeting_ - September 25, 1974 Page 4 Mr. Drigans wondered about having a small business in an area that has a residential atmosphere. Mr. Benson said there was a machine shop right across the street, so he didn't think his wanting to use his garage for a business was going to make that much difference. Mr. Drigans asked Mr. Benson if he built his house or purchased it after it was built. Mr. Benson said the house was already there when he purchased it, and one of the main reasons he bought this house was because it was zoned M-1. He was looking for a house that wasn' t in residential zoning, and this was just what he wanted. Mr. Harris asked Mr. Clark what the City' s policy would be in rezoning property against the property owner' s will. Mr. Clark said he didn' t think this had been done. He would assume it could be done , but the property owner could take it to court and whether this would stand up there, or not, he didn' t know. Mr. Drigans wondered if a Special Use Permit could be granted to Mr. Benson so he could have this business in his garage if his property was rezoned. Mr. Harris said we don' t have a request for this. Mr. Lindblad asked if Mr. Benson could meet the requirements for a business if this area stayed ed M-1. Mr. Clark said he would meet in his garage y the requirements under M-1 zoning. If the rest of the block was rezoned to R-1 , he wouldn' t meet the setback requirement of 15 feet, but as this is an existing structure, this wouldn' t be necessary. Mr. Clark said that according to the zoning code, if Mr—Benson' s block was rezoned to R-1 , - property stayed M-1 and the balance of the if Mr. Benson' s property was destroyed, he wouldn' t be able to meet the 50 foot setback requirement for M-1 zoning from R-1 property, so he wouldn' t be able to rebuild his home, or industrial, without rezoning i or with a variance. He said that from a planning standpoint, it would be better to have the entire block all rezoned rather than leave two lots M-1. Mr. Harris said that was why he felt that leaving these ' an problems, because this situation two lots M-1 wouldn' t create y p , could resolve itself in time. Mr. Clark said he has stated before that he thought Mr. Benson could have a cabinet shop or other business in his garage as long as his property is zoned M-1. He said he hadn' t been able to check this out with the City Attorney. There might be something in the code that says when the principal use of the property is residential you can' t use the garage as industrial property, but this would have to be checked out. Mr. Harris said he personally is against rezoning any propertyert y against the owner ' s will. Mr. Fitzpatrick said this request was art for rezoning this area , and was not originated b a private y g 9 Y P P initiated by the City for public purposes . This makes a difference a petition signed b all the owners of said we have e g Y &lso. Mr. Harris s P s this property, except the property owned by Mr. Benson. This tells me that all the other property owners want their property rezoned to R-1. Mr. Drigans said the Public Hearing notice includes all_ the M-1 Planning Commission Meeting -__September 25, 1974 Page 5 property in this Block 4 , and he doesn' t understand how Mr. Benson' s property could have been included in this request, when he doesn' t want the rezoning. Mr. Clark said that when Mr. Muhich wanted to rezone the two lots he owns', it was felt that as the entire neighborhood was residential, we would set up the Public Hearing for the entire M-1 area. Mr. Muhich went out and talked to everyone in this area, and found out that they were all in favor of thi.s rezoning, except for Mr. Benson. That was the purpose of the Public Heating. When Mr. Benson voiced his objection at the first meeting, was when the Planning Commission asked for a petition on this request, to make sure that all the affected property owners were aware of the rezoning con- sideration. At this Public Hearing, Mr. Benson stated his objections to having his property rezoned. Mr. Clark said that if Mr. Muhich would have asked for rezoning on just the two lots he owned, that would have really been spot rezoning, which isn' t very desirable either. Chaitman Fitzpatrick said what we have in effect is a request for rezoning from all the property owners with the exception of Mr. . Benson. Mr. Lindblad asked if Mr. Benson could add on to his house or garage as long as his property was zoned M-l? Mr. Clark said he couldn' t add on to the house, except he could make the inside more livable, and if he wanted to add on to the garage, this would require a variance, because the present garage is closer than 15 feet from the property line. Mr. Harris asked Mr. Muhich if he had any pictures of the house he wanted to move into Fridley. Mr. Muhich presented the pictures . Mr. Clark said this has been approved by the Building Standards-Design Control Subcommittee , subject to the rezoning being approved. Mr. Harris said he thought this house would fit in quite well in this-'area. Chairman Fitzpatrick said that he felt that Mr. Benson' s point that his property had some industrial use , was a legitimate one. Mr. Harris said it is his property, and he did buy it because it was zoned M-1. Mr. Fitzpatrick said he agreed with Mr. Harris , that he didn' t want to recommend rezoning on any property against the wishes of the owner under these circumstances. MOTION by Harris , seconded by Lindblad, that the Planning Commission close the Public Hearing on the rezoning request, ZOA #74-04 , by Henry F. Muhich . Upon a voice vote , all voting aye , the motion carried unan imously. Mr. Drigans said that if we rezone Mr. Benson' s property, we are denying him the use for which he has stated he bought this particu- lar property. As the other property owners want their property rezoned, he said he would agree with Mr. Harris , that at some time in the future, leaving these two lots as M-1 will resolve itself. Mr. Harris said that what it amount to is that we are changing the zoning on all the property except Mr. Benson' s, which will stay the same. Planning Commission Meeting - September 25, 1974 Page 6 Mr. Clark said that by rezoning Block 4 to all R-1, it would change the requirements on the industrial business across the street. If they want to do any more building, - they will have to maintain a 100 foot setback or acquire variances. Mr. Drigans said this would be necessary whether they rezone all Block 4 to R-1, or rezone it all except Mr. Bensons. , MOTION by Lindblad, seconded by Drigans, that the Planning Commission recommend to Council approval of the rezoning request, ZOA #74-04, by Henry F. Muhich, to rezone Lots 11 - 21 and Lots 28 - 35 (this excludes Lots 36 and 37) Block 4 , Spring Brook Park Addition , from M-1 (light industrial areas) to R-1 (single family dwelling areas) , generally located between 79th Avenue N.E. and Longfellow Street, and Ashton Avenue and the railroad tracks . Upon a voice vote, all voting aye , the motion carried unanimously. Mr. Drigans said he didn' t want this to be a stipulation, but he would not want to see Mr. Benson' s garage enlarged for anything more than such a business as a cabinet shop. 2. PUBLIC HEARING: CONSIDERATION F A REQUEST FOR A SPECIAL USE PERMIT, SP #74-14, BY MICHAEL BA ROTTER: Per Fridley City Code, Section 205. 102 , 3, N, to permiMobile Home Sales in a C-2S District, to be located on the , sterly 329. 3 feet of part of the Southeast Quarter of the Nor hwest Quarter of Section 12 , (Parcel 4780) , the same be g 73 5 Highway #65 N.E. Mr. Michael Rotter was pre ent. MOTION by Harris , seconde by Drig ns , that the Planning Commission waive the reading of the Publ c Hearin Notice for -the request for a Special Use Permit , SP #74- 4, by Mi hael Rotter. Upon a voice vote , all voting aye, the tion c �rried unan "mously . r r. Mr. Rotter said he w s asking for t is Special Use Permit so he could have a mobile home es business . Mr. Clark said this will be located in the same area w e a special use permit had been granted to American Auto Listings a year. Mr. Fitzpatrick said i the was an rea in. Fridley where such businesses could be allow it uld be n this area, but all mobile home sales require a Spec ' al Use rmit. Mr. Rotter presented plot plan to th Planning Commission showing how the trailers would b placed on the to and where the office would be located. Chairman Fitzpatrick asked Mr. Rotter i . he operated a mobile home sales business anywhere else. Mr. Rotter say'd he didn' t. Mr . Fitzpat- rick asked if he was working for a company t at did. Mr. Rotter "said he had been in this business for six years . t present he was working for Patti Homes and previously had worked for astle Mobile Homes . Mr. Harris asked if the office would be a permanent structure. Mr. Ratter said it will be a double trailer , set u on blocks and skirted (Official Publication) 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,November 18, 1974 in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a rezoning re- quest,ZOA No.74-04,by Henry F. Muhich, to rezone Lots 11 through 21,and Lots 28 through 37, Block from Brook Park Addition,from M-1 (light indus- trial areas i to R-1(single family dwelling areas) located in the South Half of Section 3, T-30 R-24, City of Fridley,County of Anoka,Minnesota. Generally located between 79th Way N.E. and Longfellow Street and Ashton Avenue and the railroad tracks. ne to be heard with reference o the'above matter will be heard at this meeting. FRANK G.L1EBL (Nov.6&13,1974)-SB.6 Mayor r 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, November 18 , 1974 in the Council Chamber at 7: 30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #74-04, by Henry F. Muhich, to rezone Lots 11 through 21, and Lots 28 through 3-5, Block 4, Spring Brook Park Addition, from M-1 (light industrial areas) to R-1 (single family dwelling areas) located in the South Half of Section 3 , T-30 , R-24, City of Fridley, County of Anoka, Minnesota. Generally located between 79th Way N.E. and Longfellow Street and Ashton Avenue and the railroad tracks. Anyone desiring to be heard with reference to the above matter will be heard at this meeting. FRANK G. LIEBL MAYOR Publish! November 6, 1974 November 13 , 1974 BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF SEPTEMBER 12, 1974 The meeting was called to order'by Chairman. Lindblad at 8:05 p.m. MEMBERS PRESENT: Lindblad, Tonco, Tr uenfels, Nelson, Simoneau MEMBERS ABSENT: None OTHERS PRESENT: Jerry Boardman, Plann'ng Assistant MOTION by Treuenfels, seconded by S'moneau to approve the minutes of the August 22, 1974 meeting as written. UPON A VOICE VOTE, all voting aye, t e motion carried unanimously. 1. CONTINUATION OF A CONSIDERATION OF A QUEST FOR RELANDSCAPING AND FENCE WORK: LOCATED ON LOT 1, BLOCK 1 EAST RANCH ESTATES IST ADDI- TION, PARCEL 10; THE SAME BEING 7620 UN VERSITY AVENUE NORTHEAST, FRIDLEY, MINNESOTA. (REQUEST BY FRAINKIA NURSERY, 7940 PENN AVENUE SOUTH, BLOOMINGTON, MINNESOTA 55431) . MOTION by Treuenfels, second by Simoneau o receive the correspondence from Frank's Nursery stating they would like t withdraw their request and reapply when ready. See attachment UPON A VOICE VOTE, all voting aye, the motion carried unanimously. C-4 CONSIDERATION OF A HOUSE RELOCATION DUE TO A REZONING REQUEST FROM M-1 TO R-1: LOCATED ON LOTS 11 THROUGH 21, AND LOTS 28 THROUGH 37, BLOCK 4, SPRING BROOK PARK ADDITION; THE SAME BEING GENLEIZALLY LOCATED BETWEEN 79TH WAY N.E. AND LONGFELLOW S'T'REET AND ASHTON AVENUE AND THE _RAILROAD TRACKS. (REQUEST BY HENRY F. HUHICI1, 1005 LINCOLN TERRACE NORTHEAST, COLUMBIA HEIGHTS, MINNESOTA 55421) . Mr. Hank Muhich was present for the request. Mr. Muhich and Mr. Boardman presented pictures of the house to be moved in and also pictures of the surrounding homes. Mr. Muhich said he is asking for a rezoning request from M-1 to R-1. It was pointed out that this area has always been zoned M-1 and when the homes that are there now were built it was legal to build R-1 on industrial. land. Mr. Muhich said he has talked with the affected homeowners and all are in favor of the rezoning except one homeowner. This homeowner has 2/3 of his property on M-1 and 1/3 on R-1; the home rests 1/2 on M-1 and 1/2 on R-1. This owner would like to keep his M -1 zoning in order that he may place a wood working, home occupation shop in his garage. Mr. Muhich said he tried to point out various reasons to this homeowner as to why two zonings would be a hardship to him. Mr. Boardman said if SO% of his home was ever destroyed, 11e would not be able to rebuild his home due to the double zoning. Mr.. Muhich said this was the only opposition lie received. Mr. Tonco asked Mr. Muhich if he would put a 2 car garage up. Mr. Muhich said if the Board request one he would put one up, but it would be a bit of a hardship to do it immediately. Mr. Tonco suggested by the end of 1975 that the garage be built, Mr. Muhich agreed to this. He said he probably won't be moving • the house in until the spring of 1975. It is presently being used as a bank office in New Hope and he has to wait until the new bank building is r BUILDING STANDARDS-DESIGN CONTROL SUBCOMMITTEE MEETING OF SEPTEMBER 12, 1974 - Pg. 2 constructed to get the home. Mr. Tonco asked what the Planning Commission's feelings on his request were. Mr. Muhich said they wanted a. petition brought in signed by the home- owners that they are in favor of the rezoning. Other that that, they seemed in general agreement for the rezoning. Mr. Muhich said he did have the signatures of all the homeowners explaining what he was going to do and what he wanted, but it was not worded as a petition. . Mr. Boardman asked about posting a bond to ensure proper landscaping is done. He said the City has requested this of other homes moved in and felt it was a good safeguard policy. The Board and Mr. Muhich agreed to this bond and set it at $500.00. MOTION by Tonco, seconded by Nelson to recommend approval of the home relocation subject to a petition brought in by Mr. Muhich stating approval of the rezoning by the affected property homeowners and with the following stipulations: 1. A 2 car garage be constructed by the end of 1975. 2. A landscaping bond for $500.00 be posted. UPON A VOICE VOTE, all voting aye, the motion carried unanimously. 3. CONSIDERATION OF A REQUEST TO CO STRUCT PHASE II OF THE PRESENT_STRUCTURE TO BE USED AS AN ICE ARENA: LOCATED ON PARCEL 6610, SOUTH HALF OF SECTION 11, CITY OF FRIDLEY, COUNTY OF AN KA, STATE OF MINNESOTA; THE SAME BEING 7011 UNIVERSITY AVENUE NORTHEAST, RIDLEY, MINPNESOTA. (REQUEST BY THE COUNTY OF ANOKA, 325 EAST MAIN ST ET, ANOKA, MINNESOTA 55303) . Mr. Dave Torkelson was present for he request. Mr. Torkelson said this arena will b added onto the rear of the present structure. The rink will be full sized an able to seat 1,000 people. There will be a service door on the north side w th ?. fire exit doors on the north and south elevations. Darrel Clark and BobAldrich had suggested placing the doors here for easier fire equipment access. the main entrance will be on the west wall. Mr. Torkelson said he would like to put a sidewalk on the south side and some type c£concrete curb stop on t e north side to keep cars away from the building. Mr. Torkelson said the present structure as an ice floor designed for 6 months use and they are using it ,year around wh' ch has caused the floor to raise. The new rink would have a 12 month floo design thus enabling the pre- sent arena 6 months ice use and 6 months use as a auditorium. Mr. Lindblad asked if there would be adequat parking. Mr. Torkelson said there will be more than enough. Mr. Boardman asked Mr. Torkelson to fill in w at the Board of Appeals had decided at the Tuesday evening meeting. Mr. Torkel on said they are suppose to 114 REGULAR COUNCIL MEETING OF SEPTEh}BER 23, 1974 PAGE 5 A REQUEST FOR PERi•'ISS ON TO ERECT A P) 132. S DARE FOOT 41ALL Si�PI COU�irTL MIifl11LS Or I�!'RiL 3,_l. 2 S7Ir L'+TED VIr,LL SIG iS IO G4_TPjP:E,"r U F L'UI UIPi, - 10 BE LU A'E0 ON l0'�11 Pi(LI 1 ff�Sl RP Crl S7 10 lST fiiD IlU ` THE ! SAf}i LiLL G 16lu U U2r2 1TY i l'tPaUr Pi E , f PIL LE} irItita[_SOi,1. };£(�;IE51 BY FRAM S t:JPSERY, 7620 U iVERSITY ,VE1:U PI.E. FftI D LE`( P1�ElP f 07-;i� A representative of Fran,'s Nursery addressed the Council an said they had requested 132 square fe t not 100 as appears in the heading of the iters. He said the only reason the were asked to go to the subcommit a was because there was a notation in the ast minutes of the Council that there r�ould be no additional signs in this a ea in the future. Ile further pointed out that the company would be allowed sign 240 square feet on this wall. He said ithis would be placed over tt�e ntrance to the building. } Mayor Liebl asked if they were lanning construction in this a ea this year and the representative said yes Mayor Lieb.l asked if this was the second business at this location and t e representative said yes. Co ncilman Breider said he would have no objection 'o changing the request from I 0 to 132 feet. MOTION by Councilman Breider to prove the request for the co struction of the wall sign to be 132 square fe t. Seconded by Councilman U ter. Upon a voice vote, all voting aye, Mayor iebl declared the motion ca ried unanimously.. A REQUEST FOR A VARIANCE Or SEC ION 2.05.053, 4C, FRIDLEY CITY CODE, TO REDUCE RITE REAR YARD SETBACK REQU.'RfilEP, FRO'f�5 FEET TO 1,3 _ VAMO!J SHE COIN- r STRt1CTI0N Oi AfY AOGITIOi� Gi:TO F1t1 E ISTI tiG STRUCTURE LUfA !D It TL SE•' OF THE } OF TH': S'_�1'w OF SECTION 11, EXCEPT SHE NORtH 50 FEET LYING WE T OF THE EAST 150 1=CET THEREOF, AND ALSO EXCEPT . THE S`OUTH. 00 FEET TIE EDF: SUBJECT TO HIGHWAY E_ASEI EP;T ALONG THE WES .:['.LY SIDETITRSF FIND EXC 'PT PARCEL E 662.0 AND SUkJECT TO RDA@ E';SENEi;T, THE SAI-IF BEIP;G 7011 UNIV RSITY AVENUE r S i N.E.> FRIDLEY, fiI ' 'ESl}TA. RE UES BY THE COUNTY OF ANOKA 325 EAST HI-A1N € ST}:F P,haOKA, IJINNF,SOTA - CGLUINIBIA ICE AI�EP+A�: --- i The Public Works Director said the req s r';as to reduce the ar yard setback ; from 15 feet to 13.09 feet. He said th s request was made by noka County for the construction of the addition to the Ice Arena. j MOTION by Councilman Utter to concur wit the recommendation f the Board of ' Appeals and approve the variance. Secon d by Councilman Sta Walt. Upon a # voice vote, all voting aye, Mayor Liebl d clared the motion c rried unanimously. k ; MOTION by Councilman Utter to receive the inutes of the Boar of Appeals } Subcommittee Meeting of Septembcr 10,1974. Seconded by Coun ilman Starw,alt. Upon a voice vote, all voting aye, Mayor Li bl declared the m tion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMI IOW MEETING OF S_PTEMB ER 11, 1974: 1 C�fyiJEiF; 1)il l) H PPEL1tI(:'4R-Y PLAT, P.S. L74-05, RICE CRE KESTATES SECOND ADDITIOtN. BY ED11 iY C UROPPPS, D/B/A/ PINEf EE BUILDERS:A REPi_AT OF LOT 10, EX(LPT ?h!E + C 2i�: Z6(i FEET Ti E �UF; AUD_IT0R S _SUGDSdISI01J v 22, G0—�FIUI L F LOCATED (w-i R 6 G1 Sl AVU.UEiE. J"1IND I'E S'l BENJ ju,11N sfR ET. The Public Works Director said the action woul be to set a p blic hearing. lie further explained the developer would like this public hearin at the same time i as the public hearing on the installation of th public utilities and the exact date of this is not known at the presenr time. r i,10TI014 by Councilman Breider to set the public h rind as ar•anged by ie builder arid developer of the Rice Creek Estates. Secondei by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liehl declared he motion arried unanimously. PUI:LIC HEARING: CONSIDERATION OF A REZO"dltiG REQUEST: ZOr ;:`74-0- BY HENRY F. _ h1UfIICIL (0 it ZO c LUTS 11-21, ;JND LOIS 28-37, BLOCK AEIUITION,ff i'G"I 1 1�LIriiT li'�US�Ri.li tlkElrS) IU P I SI';' i I/,r TI Y' El 1FLl TIdG AREAS] I(r AIIU" THL I,JVINII, -ir; OF A SIPr;iLf FP'iIL( D'JFf_LIr;'J Oi, LUiS 31 ��ID-332, BLOCK' 4, SPP iPi' b'Ovr Pf;�2Y AU7I f r0"r Gr° k.RPI_LY 't_CCA .D [TFT ' Eil 79TH t;{lY N.F. - -- _ ----- A►`lO LUifGf LLf O`:1 Sf:;CCi'; ,1P J l,SHfUt AVf r;UL�,tP�t) T L krtIt 20I!U fRITC[;S: The Public Works Director said this was continued to give th appl icanL some time i and there is no action necessary at the present time. it x � % I 129 REGULAR COUNCIL MEETING OF OCTOBER 7, 1974 PAGE 9 g> i CONSIDERATION OF A REZONING REQUEST ZOA #74-04, BY HENRY F. MUHIC TO REZONE. L�TS 11-21,-TJD OTS 28-3/; BLOCK 4, PARK ADDITIOTd; F M- LIG�F f INDUSTRIAL AREAS)- TO -',(SINGLE FFA�1ILY 014ELLING AREAS TO ALLOW' THE NIOVING IN OF SINS GLE FAMILY DWELLING 014 LOTS-31 AND 32, BLOCK 4, SPRING BROOK HARK ADDITION, . GENERALLY LOCATED'6�TWEE VKY �H�'JC iJT�T.E ilb O;GFELL_ W STREETAND ASHTON AVENUE AND THE RAILROAD TRACKS: The Public Works Director said it would be in order at this time t set a Public Hearing. MOTION by Councilman Utter to set a Public Hearing for the Rezonin Request t ZOA #74-04, by Henry F. Muhich for November 18, 1974. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the on carried unanimously. CONSIDERATION OF A REQUEST FOR A SP IAT. USE PERMIT, SP. #74-14, B MICHAEL B. y, ROff[-T PER FRIDLEY CITY CODE; SECT CP? 205.102, 3, N, TO PERMIT N BIL[ HOD1E "SALES IN A C-2S DISTRICT, TO BE LOCAlTD ON THE WESTERLY 329.3 FEETI OF PART OF THE SOUTHEAST QUARTER OF THE NORIHWLS'QUARTER OF s TMN' 12; PA CEL 4780), THE SAME BEING 7355 HTGHW,AY #65 The Public Works Director said this matter would be before the B ilding Standards- Design Control Subcommittee on October 5, and he would recommend that the Council not take action until their recommendati ns are made. Mayor Liebl said the remainder of the me ting concerned general discussion and would not require any Council action. i MOTION by Councilman Utter to receive the Min tes of the Planning Co Assion Meeting { of September 25, 1974. Seconded by Councilma Starwalt. Upon a voi a vote, all voting aye, Mayor Liebl declared the motion ca ried unanimously. CONSIDERATION OF A REQUEST TO INCREASE SQUARE OTAGE ON MFNARDS'S C SHWAY LU14BER 1 COMPANY SIGN, REQUEST BY r^:i•9ERICAhd SIGfd INDICATO; Mr. Fred Lontz, American Sigh Indicator, address d the Council and said the represent- ative had appeared before the Council at a recen meeting and the r .quest was originally ' for a message center installation that would have changing messages. He explained that the original sign was 147 feet which would b higher and narro;rer than the one they are now proposing. He explained that the sig was not sold to the Company at the time of the previous appearaice before the until and the o ner wanted the sign on the pylons to match the wall sign. He ex ined that this 'ould call for stretching out the identification portion of the si slightly. He indicated this would be placed on the existing pylons. Councilman Starwalt said he had no objections, but he would like to ask a few questions. He asked if there would be enough time to submit this i em before the Board of Appeals. He explained by their approval at t e present ti .e, he felt they } would be circumventing the Board of Appeals. The Public Works Director said they would be opening th business i a couple of weeks. Councilman Starwalt expressed concern over approving thi type of 'item without previous recommendation of the Board of Appeals. i t Mr. Carpenter said when they had appeared before the Boar of Appe ls, they had asked for 200 square feet with the installation of the lar er mess ge center. He said the Board had approved the 200 square feet but had in icated hat this would be without the message center. Mayor Liebl said he would like to be sure that they would no be i stalling a flashing sign. Mayor Liebl said he believed the currently be ng pr posed sign was nicer looking than the one previously proposed. lie said he hough the members of the Board of Appeals would also like this sign better. MOTION by Councilman Starwalt to amend the variance and approv the sign for Menard's Cashway Lumber fur 180 square feet rather than the pr ioisly approved 147 square feet on the identification portion of the sign. Sec nded by Councilman Utter. Upon a voice vote, all voting aye, Mayor Liebl declared e motion carried unanimously. i i 13� REGULAR COUNCIL MEETING OF 0 TOBER 7, 1974 PAGE 10 �I RECEIVING THE MINUTES OF THE H MAN RELATIONS COMMITTEE OF SEPTEMBER 19, 1974: { iI MOTION by Councilman Utter to r ceive the Minutes of the Human Relations Committee meeting of September 19, 1974. econded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl decl red the motion carried unanimously. RECEIVING THE MINUTES OF THE PARK AND RECREATION COMMISSION MEETING OF SEPTEMBER {I 26.,_1974 MOTION by Councilman Nee to receivthe Minutes of the Parks and Recreation Commission meeting of September 25, 1974. Sec nded by Councilman Starwalt. Upon a voice vote, ! � all voting aye, Mayor Liebl declare the motion carried unanimously. li RECEIVING THE MINUTES OF THE CHARTER OMMISSION MEETING OF SEPTEMBER 24, 1974: MOTION by Councilman Nee to receive th minutes of the Charter Commission meeting of September 24, 1974. Seconded by Counc man Utter. Upon a voice vote, all voting aye, Mayor Liebl declared the motion ca ried unanimously. RECEIVING THE MINUTES OF THE CITIZEN BI WAY COMMITTEE MEETING OF SEPTEMBER 25, 1974: MOTION by Councilman Nee to receive the 'nutes of the Citizen Bikeway Committee of September 25, 1974. Seconded by Counc lman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the moti carried unanimously. . CONSIDERATION OF NEW METROPOLITAN COUNCIL PLEMENTATION GUIDELINES FOR HOUSING POLICY 31: I MOTION by Councilman Nee to author=CT #1 o sign the letter of support. f I Seconded by Councilman Utter. Upoall voting aye, Mayor Liebl declared the motion carried unanimously. i RESOLUTION #102-1974 - ORDERING PRSPECIFICATIONS AND ESTIMATES OF THE COSTS THEREOF: SEWER & WATER IMP— #l16 ADDENDUM #1:� I MOTION by Councilman Nee to adopt Resolution #1 2-1974, ordering preliminary plans specifications and estimates of the costs there : Sewer and Water Improvement Project #116, Addendum #1. Seconded by Councilm n Starwalt. Upon a voice vote, all voting aye,.Mayor Liebl declared the motion c rried unanimously. RESOLUTION #103-1974 - RECEIVING THE PRELIMINARY PORT AND CALLING A P;IBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEME TS: SEWER & WATER IMPROVCMENT t PROJECT #116, ADDENDUM #1: I MOTION by Councilman Utter to adopt Resolution #103-1974, receiving the preliminary ! report and calling a public hearing on the matter of the construction of certain improvements, Sewer and Water Improvement Project #11 , Addendum #1. Seconded by Councilman Starwalt. Upon a voice vote, all voting a e, Mayor Liebl declared the f motion carried unanimously. RESOLUTION #104-1974 - DIRECTING THE ISSUANCE OF TEMPO RY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385: I I MOTION by Councilman Utter to adopt Resolution #104-1974 directing the issuance I of Temporary Improvement Bonds in accordance with laws o 1957, Chapter 385. Seconded by Councilman Breider. Upon a voice vote, all v ting aye, Mayor Liebl declared the motion carried unanimously. RESOLUTION #105-1974 - DIRECTING THE SALE AND PURCHASE OF MPORARY IMPROVEMENT BONDS IN ACGORDANCE WITH LAWS OF 1957, CHAPTER 385: MOTION by Councilman Nee to adopt Resolution #105-1974 direc ing the sale and purchase of temporary improvement bonds in accordance with 1 s of 1957, Chapter 385. Seconded by Councilman Utter. Upon a voice vote, all v ting aye, Mayor Liebl declared the motion carried unanimously. r RESOLUTION #'106-1974 - DESIGNATING POLLING PLACES AND APPOINTI ELECTION JUDGES FOR THE NOVEMBER 5, 7 GENER E I N: Mayor Liebl said the list had been submitted by the registrar. r. Brunsell said the lists had been submitted by the two political parties. 190 p J REGULAR MEETING OF NOVEMBER 18, 1974 PAGE 2 t z 1 VISITORS Continued: MRS. HELEN TREUENFELS, 5248 HORIZON DRIVE N. E., REgUEST FOR ORDINANCE DRAFT FROM CITY ATTORNEY CONCERNI PROCEDURES AND RIGHTS OF ELECTION JUDGES: Mrs. Treuenfels said her concern w s the method of choosing election judges. She said she had received a satisfacto explanation in her case, but there are others who are concerned about this activi y. Mrs. Treuenfels' recommendation was hat the City Attorney, with the help of the City Clerk, be directed to prepare a raft of an ordinance including such things as the procedures for the selection o election judges and listing their constitutional and civil rights which would state the they are allowed to freely express themselves in reference to their political prefer nces. MR. DENNIS SCHNEIDER, 6190 STINSON OULEVARD N. E., REQUEST FOR ACTION ON MATTERS ?' DELAYED BECAUSE OF ELECTION 1 Mr. Schneider urged the Council to consid r the views of the people in the recent election. PUBLIC HEARINGS: i PUBLIC HEARING ON REZONING RE UE T ZOA #74-04, BY HENRY F. MUNICH, TO REZONE LOTS 11-21, AND LOTS 28-37, BLOCK 4 SPRING B P ITION FROM M-1 TO R-1, GENERALLY LOCATED ETWEEN 79TH WAY AND LONGFELLOW STREET AND ASHTON AVENUE AND THE RAILROAD TRACKS: AND j RECEIVING PETITION NO. 16-1974: MOTION by Councilman Nee to waive the reading of the Public Hearing Notice and open the Public Hearing. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously and declared the Public Hearing open at 7:47 P.M. � The Public Works Director Mr. Richard Sobiech, pointed out the area to be discussed on the map on the screen. He said this would allow the construction of single family t s dwelling on this property. He explained that there had been a petition submitted and signed by all but one of the property owners in Block 4. He explained that the people want the property to be zoned R-1 instead of M-1. He further pointed out that i the recommendation of the Planning Commission had been to rezone Lots 11-21 and Lots 28 through 35, and exclude Lots 36 and 37. Mayor Liebl called on Mr. Leonard Benson, 154 Longfellow, to express his views S concerning rezoning e ng th a re o ing request. Mr. Benson said he would like his property to remain zoned as it is (two lots M-1 and one lot R-1). I Councilman Breider said Mr. Benson's property would be excluded from the zoning change according to the recommendation of the Subcommittee. He questioned how this property had become involved in the request if Mr. Benson did not want this. The City Attorney explained that the Planning Commission in their discussion had thought iP that it would be better to rezone the entire block at one time, and this gentleman's property had been included because of this. He said Mr. Benson was not agreeable to this } thought and the Subcommittee had recommended that the rezoning be done excluding the Benson property. He again mentioned that Mr. Benson's property was included in the hearing to obtain everyone's views on the proposal. Councilman Nee asked how much of the land being proposed for rezoning is currently being used as R-1 property. The Public Works Director said all of the land is presently i used as residential. Mayor Liebl asked if anyone else had any comments concerning the rezoning request. There were no questions. Mayor Liebl asked Mr. Benson if he had any comments to make and he said no. Councilman Nee said there were people present at the meeting who supported the rezoning. Mayor Liebl asked if these people had signed the petition and Councilman Nee said yes. i I - - _ 179 � R THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 18, 1974 r` The Regular Meeting of the Fridl y City Council of November 18, 1974 was called to order at 7:31 P.M. by Mayor (_ieb r PLEDGE OF ALLEGIANCE: Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the a Flag. INVOCATION: Mayor Liebl requested several minutes f silent prayer for those missing in action in Viet- nam. ROLL CALL: s MEMBERS PRESENT: Mayor Liebl, C uncilman Breider, Councilman Utter, Councilman Nee, and Counci man Starwalt. MEMBERS ABSENT: None. APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF OCTOBER 21, 974: MOTION by Councilman Starwalt to adopt the mi utes of the Regular Meeting of the Fridley Nee. Upon a City Council of October 21, 1974 as presented. Seconded by Councilman p Liebl de la the motion carried unanimously. 11 voting ae Mayor Li c r voice vote a v t Y 9 aye, Y REGULAR COUNCIL MEETING OF NOVEMBER 4 197 MOTION by Councilman Nee to adopt the minutes of he Regular Meeting of the Fridley City Council of November 4, 1974 as presented. Second\d by Councilman Starwalt. Upon a voice vote, all voting aye, Nayor Liebl declared the mot'on carried unanimously. I� STATEMENT OF CANVASS MEETING OF NOVEMBER 7, 19 4: MOTION by Councilman Starwalt to adopt the minutes o the Statement of Canvass Meeting of the Fridley City b Council of November 7, 1974 as mitted. Seconded y Councilman cilman i Breider. U cn avoice vote all voting aye, Mayor r Li bl declared the motion carried unanimously. ADOPTION OF AGENDA: Councilman Starwalt said he had aP etition to receive wh'ch had been submitted by several property owners requesting the installation of a street light on Woodside Court. MOTION by Councilman Nee to adopt the agenda as amended w th the addition of the petition. Seconded by Councilman Starwalt. Upon a voice vote, all v ting aye, Mayor Liebl declared the motion carried unanimously. I VISITORS: MR. OTTO TRUER, 5866 2ND STREET N. E., COMPLAINT C014CER NG LITTER IN HYDE PARK AREA: dd and said he would like Mr. Tauer addressed the Council and stated his name and a res a to make some comments concerning the litter on 2nd Street in H e Park. He noted this of the parking lot an suggested that a problem to be the greatest west and northp gg fence be installed which would be three to four feet high and with a horseshoe shape so the litter would not be blown into the street, but stay in th parking area. hr. Tauer asked that the Council take some action to control this li ter. MOTION Councilman Nee to ask the Administration to prepare a rep rt on the situation, 1I0 b P P Y }} not only noting the problem, but including the methods of solution. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared he motion carried ; unanimously. i I i r a , I � r � i 1 � I REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 PAGE 3 e . i Mayor Liebl said six property owners had signed the petition. e c MOTION by Councilman Utter to close the Public Hearing. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously, f; and the Public Hearing closed at 8:02 P.M. Mayor Liebl informed the people present that the action of the Council would be taken ! the following meeting of the Council on the first reading of the ordh'nance. k PUBLIC HEARING ON VACATION RE UECT SAV #74-04, BY JERRY GUIMONT OF Y1 PORTION OF A UTILITY EASEINENT, GENERALLY LOCA ED AT 6551 2ND STREET N. E.: MOTION by Councilman Utter to wai a the reading of the Public Hearing.notice. Seconded by Councilman Breider.. Upon a voi a vote, all voting aye, .;dayor Li 'bl declared the f motion carried unanimously and dec ared the Public.Hearing open at 04 P., The Public Works Director explained that this request had been made 'to allow the construction of a garage within a 1 foot utility easement at 6551 2nd Street N. E. `• He pointed out this proposed constru tion in relation to the easeme t on the plan . on the screen. He defined the plan s ating this garage would go 32 feet into the easement on the north side and 7 feet into the easement on the sout side of the 4 K garage. t Mayor Liebl asked if the applicant was resent at the meeting and t ere was no response. He asked if anyone wished to speak concerning the reques and there was no response. f MOTION by Councilman Breider to close the Public Hearing. Seconded by Councilman Utter. Upon a voice vote, all voting aye, Mayor iebl declared the motion carried unanimously and the Public Hearing closed at 8:05 P.M. ; MOTION by Councilman Breider to receive th letters from Mr. 'Robert L. Brewer, General Television, Inc., dated October 15, 1974, M . Warren Raske, District Engineer, North- i western Bell Telephone Company, dated Octobe 10, 1974, Mr. L.. ;4. Benson, Customer Service Representative, Northern States Powe Company, dated Octob r 10, 1974, and Mr. William R. Schram, Property Section, Minn rota Gas Company, da ed October 8, 1974. F Seconded by Councilman Utter. Upon a voice v te, all voting aye, ayor Liebl declared the motion carried unanimously. PUBLIC HEARING ON A PROPOSAL TO CONSTRUCT A NA ONAL GUARD ARMORY: AND t RECEIVING COMMUNICATION FROM LEAGUE OF WOMEN VOT S REGARDING ARMO Y: # 1 MOTION by Councilman Breider to receive the commun'cation from the League of Women Voters dated October 30, 1974 and also the communi ation from the ridley Jaycees dated November 14, 1974, and to continue the Public Hearing on the Armory proposal until the first Pubic Hearing meeting in February, ebruary 10th, 975. Seconded t i by Councilman Utter. The City Manager said one other item that should be t ken care of t this time is the approval of the draft of the letter submitted o the Counci in their agenda from the City to the various communities in the area c ncerning t eir input on a joint proposal for an Armory. He said also, this cons deration h been changed from January to February. ` t MOTION by Councilman Breider to amend the original moti by addi g the approval of the F letter to be sent to the various surrounding communities concerni g their input on a joint proposal for an Armory. Seconded by Councilman Utter. on a vo ce vote on the amendment to the motion, all voting aye, Hayor Liebl declared the m tion ca ried and thq, original motion amended. UPON A VOICE VOTE ON THE amended motion, all voting aye, Ma or Li bl declared the motion ! carried unanimously. OLD BUSINESS: f s CONSIDERATION OF A VARIANCE TO REDUCE MIININUd LOT AREA, BY NO TH METRO CONSTRUCTION, . r 194 •. REGULAR COUNCIL MEETING OF DECEMBER 2, 1974 PAGE 2 j. ORDINANCE NO. 575 - ABOLISHING THE OFF CE OF CHIEF OF POLICE: MOTION by Councilman Breider to waive th second reading, adopt Ordinance No. 575 on second reading, and order publication. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider, Coun ilman Starwalt, Councilman Utter and Councilman Nee voting aye, Hayor pro tem U er declared the motion carried j unanimously. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR REZONING REQUES A #74-04 BY HENRY F. 11UHICH, TO REZONE-1 S 11 - 21, AND S 28 - 35, BLOCK R OK PARK ADDITION, FROM M-1 1U K-1; GENERALLY LOCATED BETWEEN 791H WAY ANU LONGFELLOW STREET AND ASHTON AVENUE AND THE RAILROAD TRACKS: Councilman Breider asked if the lot owned by Mr. Benson had been removed from the proposed rezoning. The Public Works Director said this had been done. Mayor pro j tem Utter questioned if one of the lots owned by Mr. Benson had already been ! • zoned R-1. The Public Works Director said he owns Lots 36, 37, and 38. He explained that Lot 38 is zoned R-1. Councilman Breider asked who owned the remainder of the lots. He asked if the applicant owned them. The Public Works Director said the applicant did not own all of the lots, but the owners of these had submitted a petition saying they favored the rezoning. 4 MOTION by Councilman Nee that since all of the land proposed for rezoning to R-1 I f y is being used as R-1, he would waive the first reading of the Ordinance, adopt 3 the Ordinance on first reading. Seconded by Councilman Breider. The City Manager, Mr. Nasim Qureshi, mentioned that there is a proposed roadway in the area that had been designated State Aid and the money had been designated. He said he would like the Council to be aware of the overall proposal of the t area before making a decision on the rezoning. He further explained this develop- ment would be done by the railroad if the City wants it in the future. Mayor pro tem Utter questioned if it was true that 77th would be closed when 79th was opened. The City Manager said yes. He said he would like the Council to have all the facts. He said he thought this might have some effect on the area to be rezoned. • 4 i UPON A ROLL CALL VOTE, Councilman Utter voting aye, Councilman Nee voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor pro tem Utter declared the motion carried. a CONSIDERATION OF FIRST READING OF AN OR INANCE FOR VACATION REQUEST SAV #74-04, BY JERRY GUIMONT, UFT-PORTION OF UTILITY SEMENT, GENERALLY LOCATED Al 6551 2ND STREET 14ORTHEAST: The Public Works Director advised tAhethat there were no objections to the vacation of the easement. Councilman Breider said he had no oo the vacation of the easement. MOTION by Councilman. Breider towait reading of the Ordinance and adoptthe Ordinance on first reading. Souncilman Starwalt. Upon a roll call vote, Councilman Utter voting aye, ee voting aye, Councilman Starwaltvoting aye, and Councilman Breider `ayor pro tem declared the motion carried unanimously. 4 CONSIDERATION OF A REQUEST FOR APPROVAL TO TELEV SE FRIDLEY CITY COUNCIL MEETINGS LIVE, REQUEST BY GENERAL TELEVISION, INC. OF FRID EY: Mayor pro tem Utter called on Mr. Terry Schuster 0 General Television to present � the request. Mr. Schuster addressed the Council and said he had s nt a letter of request to the Council. He said they were requesting approval of t request and would like to use the facilities to do some tests on lighting, etc. He said they did not intend to cause any inconvenience to the members of the Counc 1 or audience. He added, he felt this was one of the functions of General Teievi ion and he again requested approval. 19.3 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 2, 1974 The Regular Meeting of the Fridley City Council of December 2, 1974 was called to order at 7:30 P.N. by Mayor pro tem Utt PLEDGE OF ALLEGIANCE: j 1 Mayor pro tem Utter led the Council and t audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The invocation was offered by Mayor pro tem tter. ROLL CALL: MEMBERS PRESENT: Councilman Utter, C uncilman Nee, Councilman Breider, and Councilman Star alt. MEMBERS ABSENT: Mayor Liebl APPROVAL OF MINUTES: REGULAR COUNCIL MEETING OF NOVEMBER 18, 1974 MOTION by Councilman Breider to adopt the Minutes f the Regular Meeting of the I Fridley City Council of November 18, 1974 as prese ted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the i motion carried. ADOPTION OF AGENDA: Councilman Breider said he would like to add a resolu ion that had been submitted 3 ( by the Administration to consider on the grade of the ississippi Street Underpass. i Councilman Breider said there had also been two liquor icense applications submitted and he would like to add this to the item, number 18, i which the consideration of establishing policies for the issuance of such licens s would be considered. MOTION by Councilman Breider to adopt the Agenda as amen d with the addition of the previously mentioned items. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried unani ously. d i VISITORS: MR. WYMAN SMITH, REPRESENTING BOB SCHROER IN APPLICATI OF LIQUOR LICENSE: i Mr. Smith addressed the Council and questioned how long it w uld be before the consideration of the liquor licenses would be discussed at th current meeting. Mayor pro tem Utter advised Mr. Smith that this item would be taken care of in about an hour. i i OLD BUSINESS: a .. CONSIDERATION OF A VARIANCE TO REDUCE MINIMUM LOT AREA, BY NORT METRO CONSTRUCTION, INC., FOR 200 ELY STREET N. E. LOTS 25 AND 26 BLOCK 11 SPRING BROOK PARK ADDITION BLED 0-21-74 AND 11-18-74): The Public Works Director, Mr. Richard Sobiech, addressed the Cou cil and gave a brief summary of the events leading to this item. He explained th t the decision had been tabled until the property owners adjacent to this parcel nd the applicant had reached some agreement. f I { Councilman Nee said the applicant had called him earlier that evenin and asked that this item be tabled. MOTION by Councilman Nee to table the request for a variance for 200 ly Street until December 9, 1974. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor pro tem Utter declared the motion carried. •3 212 REGULAR COUNCIL MEETING OF DECEMBER 16, 1974 PAGE 2 1 C CONSIDERATION OF SECOND READING OF AN ORDINANCE FOR REZONING REQUE ;EDARK BY HENRY F. MUHICH, TO REZONE LOTS 11-21, AND LOTS 28-35, BLOCK 4, SPR ADDITION, FROM M-1 TO R-1; GENERALLY LOCATED BETWEEN 79TH WAY AND LONGFELLOW STREET i AND ASHTON AVENUE AND THE RAILROAD TRACKS: I AND CONSIDERATION OF APPROVAL OF A REQUEST FOR HOUSE RELOCATION ON LOTS 31 AND 32, BLOCK 4, SPRING BROOK PARK ADDITION: The Public Works Director said all of thero ert owners on the lots proposed for p P Y rezoning had signed a petition favoring the rezoning. He said there had been no objection to the request with the exception of one property owner and his property had been deleted from the rezoning request. The Public Works Director continued to point out that there is also a request to move a house to Lots 31 and 32, Block 4, Spring Brook Park Addition and he pointed ' this area out to the Council on the map on the screen. Councilman Utter asked where the house was being moved from. The Public Works Director said he believed this was being moved from Edina. He advised the members of the Council that he had a picture of the house and showed this to the Council along with the pictures - of the homes in the area where the house is proposed to be moved to. Councilman Utter questioned if the homes would be of comparable values. ' Councilman Breider said he would have no objections to the house being moved to the area if it had a garage in the plans. The Public Works Director said this was one ! of the suggested stipulations from the Building Standards Committee, that a garage be installed in 1975. Mayor Liebl asked the applicant, Mr. Henry Muhich, if he planned to occupy the home. Mr. Muhich said no. MOTION by Councilman Nee to table the consideration of the second reading of the i ordinance for the rezoning request by Henry Muhich until the second meeting in I January. Seconded by Councilman Starwalt. Upon a roll call vote, Councilman Breider voting aye, Councilman Starwalt voting aye, Mayor Liebl voting nay, Councilman Utter voting aye, and Councilman Nee vting aye, Mayor Liebl declared the motion ' carried four ayes and one nay. i ORDINANCE NO. 576 - FOR VACATION RE UE SAV # 4-04, BY JERRY GUIMONT, OF A PORTION OF UTILITY EASEMENT, GENERALLY LOCATED TREET: The Public Works Director said there hadb en no objections to this request and he had obtained letters from the utility co anies stating they had no objections to the vacation of a portion of the easement. MOTION by Council n Breider to waive the second reading of the ordinance and adopt the Ordinance, umber 576, for the vacation request SAV #74-04, by Jerry Goimont generally located at 1 2nd Stre t N. E. on second reading. Seconded by Councilman Starwalt. Upon a roll ca1-1 vote, 'Councilman Starwalt voting aye, ilayor Liebl voting aye, , Councilman Utter voting aye,`Ga Gilman Nee voting aye, and Councilman Breider voting aye, Mayor Liebl declared the o Q carried unanimously and ordered publication of the Ordinance. CONSIDERATION OF LOT SPLIT ,REQUEST L. S. #74,-16, GORDON PETERSON, 4565 3RD STREET N. E. TABLED 12/2/74): The Public Works Directo pointed out the request on,pages 4-C and 4-D of the agenda '- book. He said the Plan ing Commission had recommended approval of the request with the stipulation that b fore this item was reviewed by the'Council the applicant was I requested to provide a new survey. He informed the Council that the sitpulation had been complied with and the new survey appeared within the agenda"'bo.pk._ sir. Sobiech } said he recommended approval of the request at the present time. MOTION by Councilman Nee to concur with the recommendations of the Planning Commission and Administration and approve the lot split as requested by Gordon Peterson, 4565 ; 3rd Street N. E. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. 211 k THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 16, 1974 i The Regular Meeting of the Fridley City Council of December 16, 1974 was called to =t ! order at 7:36 P.M. by Mayor Liebl. PLEDGE OF ALLEGIANCE: F¢ I Mayor Liebl led the Council and the audience in saying the Pledge of Allegiance to the Flag. INVOCATION: The Invocation was offered by Mayor L ebl. tt II ROLL CALL: MEMBERS PRESENT: Councilman Starwalt, Mayor Liebl, Councilman Utter, Councilman ee, and Councilman Breider. MEMBERS ABSENT: None. {; I APPROVAL OF MINUTES: 9 REGULAR COUNCIL MEETING OF DECEMBER12, 1974: MOTION by Councilman Starwalt to adopt thMinutes of the Regular Meeting of the Fridley a City Council of December 2, 1974 as submi ted. Seconded by Councilman Nee. Upon a voice vote, all voting aye, Mayor Liebl d Glared the motion carried unanimously. PUBLIC HEARING MEETING OF DECEMBER 9 1974: I MOTION by Councilman Utter to adopt the Minutes of the Public Hearing Meeting of the Fridley City Council of December 9, 1974 as presented. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. II� ADOPTION OF AGENDA: ' 1 MOTION by Councilman Breider to adopt the agenda as presented. Seconded by Councilman E Starwalt. Upon a voice vote, all voting aye, Mayor Liebl declared the motion carried unanimously. VISITORS: Mayor Liebl asked if there was anyone present who wished to address the Council and there was no response from the audience. Councilman Starwalt addressed Mayor Liebl and Said he had a Certificate of Appreciation from the Metropolitan League of Municipalitieswhich was to be presented to Mayor Liebl at the last meeting of the League. He explain Mayor Mayor Liebl was unable to attend this meeting and he would like to read and present t e Certificate at the present meeting. z Councilman Starwalt read the Certificate aloud nd presented it to Mayor Liebl. 3 i Mayor Liebl accepted the Certificate and express d his thanks to the League. OLD BUSINESS: CONSIDERATION OF APPOINTMENT TO BUILDING STANDARDS-DESIGN CONTROL COMMITTEE TABLED ; T2-12174): MOTION by Councilman Nee to appoint Mrs. Jan Seeger, 324 Ironton Street, 784-7441, to fill the unexpired term created by the resignation of Mrs. Helen Treuenfels, to expire on " April 1, 1976. Seconded by Councilman Starwalt. on a voice vote, Mayor Liebl voting 3 aye, Councilman Nee voting aye, Councilman Breider voting aye, Councilman Starwalt voting aye, and Councilman Utter abstaining, Mayor Liebl eclared the motion carried four ayes and one abstention. i E I THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JANUARY 20, 1975 i The Regular Meeting of the Fridley City Council of January 20, 1975 was called to order at 7:31 P.M. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee invited all who were present to join the Council in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilwoman Kukowski , Councilman Breider, Councilman I Starwalt, and Mayor Nee. MEMBERS ABSENT: None. ADOPTION OF AGENDA: Mayor Nee indicated he had an it m to add under Old Business, the consideration of an ordinance to amend Chapter 03, Intoxicating Liquor, of the City Code of the City of Fridl .y. MOTION by Councilman Starwalt to a pt the agenda as amended with the addition of the consideration of the amendment o Chapter 603, Intoxicating Liquor. Seconded by Councilman Breider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OPEN FORUM: VISITORS: Mayor Nee asked if anyone was present Obo wished to address the Council during the Open Forum Section and there was no resbonse. PUBLIC HEARINGS: \ CONTINUED PUBLIC HEARING ON FINAL PLAT, P. S. #74-08_,_HERWAL RICE CREEK TERRACE BY GEORGE L. WALQUIST, LOCATED IN THE NORTHWE T QUADRANT OF RICE CREEK ROAD AND CENTRAL AVENUE CONTINUED FROM JANUARY 13, 1975): Mayor Nee explained that this item had been abled last week with the request that some representative of the plat be pres t at this time to discuss the various conditions. Councilman Starwalt suggested that this item b taken care of later in the meeting, allowing for the possibility that the represent tive will attend. Mayor Nee said the Council would come back to th s item later in the meeting. OLD BUSINESS: ORDINANCE NO. 578 - FOR REZONING RE UE =ZOA #74-04, HENRY F. NUHICH, TO REZONE LOTS 11-21 , AND LOTS 28-35, CLOCK 4, AWK ADDITION, FROM M-1 TO R-1 , GENERALLY LOCATED BETWEEN 79TH AND LONGFELLOW STREET AND ASHTON AVENUE AND THE RAILROAD TRACKS: T AND }+/ CONSIDERATION OF APPROVAL OF REQUEST FOR HOUSE RELOCATION ON LOTS 31 AND 32, BLOCK 4, SPRING BROOK PARK ADDITION TABLED DECEMBER 16, 1974): Mayor Nee explained this item to be a request for rezoning and pointed out the general location of the area. He explained that the rezoning had been initiated by Mr. Henry Muhich and the proposed action has the support of all the property owners involved. Mayor Nee continued to explain that the property is currently being used as residential and the people residing in the area are having some problems with financing and maintenance of the homes because of the M-1 zoning. Mayor Nee stated the people of the area petitioned for the rezoning and it was recommended by the Planning Commission that this area be rezoned. He pointed out to the members of the Council that the proposed rezoning would take four Council votes. Mayor Nee asked if there were any questions by any members of the Council. i i 254 REGULAR COUNCIL MEETING OF JANUARY 20, 1975 PAGE 2 MOTION by Councilman Starwalt to adopt Ordinance No. 578, an ordinance for rezoning request ZOA #74-04, by Henry F. Muhich, to rezone Lots 11-21 and Lots 28-35, Block 4, Spring Brook Park Addition, from M-1 to R-1, generally located between 79th Way and Longfellow Street and Ashton Avenue and the Railroad tracks. Seconded by Council- woman Kukowski. Upon a roll call vote, ilayor Nee voting aye, Councilwoman Kukowski voting aye, Councilman Breider voting aye, and Councilman Starwalt voting aye, Mayor Nee declared the motion carried and the ordinance adopted. MOTION by Councilman Breider to issue the permit for the relocation of the house on Lots 31 and 32, Block 4, Spring Brook Park Addition with the stipulations that a two car garage be constructed by the end of 1975 and that a landscaping bond for $5,000 be posted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF A REQUEST FOR THE CITY TO AUTHORIZE AN EMPLOYEE TO ACT AS A VOLUNTEER REGISTRAR FOR THE SELECTIVE SERVICE SYSTEM TABLED JANUARY 6 1975 : The City Manager pointed out that the representative from the Selective Service System was present and if the members of the Council had any questions concerning the proposal , he could answer them. Mr. Junior K. Anderson, Executive Secretary, S ective Service-System area office #19, addressed the Council and introduced hi elf. i r' Mr. Anderson said they are presently concerfied about the distance that the Fridley young men have to travel to register. HeJpointed out that there is a registrar in Grace High School and also in Robbins ale. Councilman Starwalt questioned why th registrar had been eliminated at Fridley High School. 1-1r. Anderson explained hat an attorney had questioned if there may be a conflict being this was being don during the school employees compensation time. lie said the question had not been explained/ solved, but the school had discontinued the practice becau of the question. He said this is currently being resolved, and there is the po ibility if this s resolved with the opinion that it is not a conflict, the sc ool would again designate the registrar. He explained this to be the best conditi for such reg strations because the young people are at the school and would of have to travel. Mayor Nee asked Mr1\Anderson,/how much time would be spent on the average for each individual registratioyg�I. Mr. Anderson said this is estimated at about five minutes. Mr. Anderson further mentioned that the Selective Service System furnishes the necessary paper, mate ials, etc. The registrations are mailed to the Selective Service office once pef yeek. Jr. Anderson explained that they would not want to take any more time than nece Bary from the employees normal duties. Mayor Nee said he fel 'ttiis would be a reasonable thing to do for the convenience of the young men in tie community. Councilman Breider aid he`.agreed and stated this would be some help to the young men in the City ra er than them going to Robbinsdale. MOTION by Counci an Starwalt to provide and authorize a member of the City Staff to act as volunteer registrar under the jurisdiction of the State Selective Service System. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CONSIDERATION OF APPOINTMENTS TO CITIZEN BIKEWAY COMMITTEE, AREAS #1 AND #3, TABLED DECEMBER 9, AND JANUARY 6, 1975 ': Mayor Nee named two recommendation for appointments if no other members of the Council had suggestions.. These persons were Mrs. John E. Gardiner, 371 Ironton, Area #l , and Mrs. Verner E. Johnson, 5832 University Avenue N. E. , Area #3. MOTION by Councilman Starwalt to appo5.nt Mrs. John E. Gardiner as the representative from Area #1 and Mrs. Verner Johnson representative from Area #3. Seconded by Council- women Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 578 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: Lots 11 through 21, and Lots 28 through 35, Block 4, Spring Brook Park Addition, lying in the South Half of Section 3, 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 M-1 (light industrial areas) to R-1 (single family dwelling areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 20T1i DAY OF JANUARY 1975. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: November 18, 1974 First Reading:--December 2 1974 Second Reading: January 20, 1975 Publish. . . . . . . a—�nuary 29, 1975