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ZOA76-04 CITY OF FRIDLEY MINNESOTA 34 PLANNING AND ZONING FORM g NUMBER TYPE OF -REQUEST 1 APPLICANT'S SIGNATURB Rezoning Address — Special Use Permit Telephone Number.�ee r��`.3 Approval of Premin- inary $ Final Plat PROPERTY OWNER'S SIGNATURE Streets or Alley Vacations Address Other Telephone Number c� �� '" y3 7� 9-1 Fee$/SS�eceipt No.19o1gZ/V Street Location of Property S Legal Description of Property. t11_2� //1 Present Zoning Classification �` Existing Use of Property Acreage of Property Describe briefly the proposed zoning classification or type of use and improvement proposed 7/- Has Has the present applicant previously sought to rezone, plat, obtain a lot split or variance or special use permit on the subject site or part .of it? yes t— no. What was requested and when? //'o The undersigned understands that: (a) a list of all residents and owners of property within 300 feet (350 feet for rezoning) must be attached to this application. (b) This application must be signed by all owners of the property, or an explanation given why this is not the case. (c) Responsibility for any defect in the proceedings resulting from the failure to list the names and addresses of all residents and property owners of property in question, belongs to the undersigned. A sketch of proposed property and structure must be drawn and attached, showing the following: 1. North Direction. 2. Location of proposed structure on the lot. 3. Dimensions of property, proposed structure, and front and side setbacks. 4. Street Names. 5. Location and use of adjacent existing buildings (within 300 feet). ! -The undersigned hereby declares that all the facts and representations stated in this application are true and correct. DATE _SIGNATURE ��t">? (APPLICANT j Date Filed Date of Hearing 9 Planning Commission Approved City Council Approved (dates) Denied (dates) Denied 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 8, 1976, in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #76-04, by Gordon J. Aspenson, to rezone Lots 10 and 11 , Block 4, Lowell Addition to Fridley Park, from R-1 (single family dwelling areas) to R-3 (general multiple dwelling areas) to allow the construction of a tri-plex, all in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. Generally located at 6500 2nd Street N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. RICHARD H. HARRIS CHAIRMAN Publish: August 25, 1976 September 1 , 1976 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 8, 1976, in the Council Chamber at 7:30 P.M. for the purpose of: Consideration of a rezoning request, ZOA #76-04, by Gordon J. Aspenson, to rezone Lots 10 and 11 , Block 4, Lowell Addition to Fridley Park, from R-1 (single family dwelling areas) to R-3 (general multiple dwelling areas) to allow the construction of a tri-plex, all in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka , Minnesota. Generally located at 6500 2nd Street N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J. NEE MAYOR Publish: October 20, 1976 October 27, 1976 Planning Commission 8-24-76 '�r3 City Counci l /4 MAILING LIST ZOA #76-04 GORDON ASPENSON Designware Industries , Inc. Walter H. Sinner 6536 Main Street N.E. 4427 Monroe Street N.E. Fridley, Mn 55432 Minneapolis, Mn 55421 Rice Plaza Richard J. Trezona 7515 Wayzata Blvd. 177 Hartman Circle N.E. Minneapolis, Mn 55426 Fridley, Mn 55432 RAO Manufacturing Company Joseph M. Lapinski 200 Mississippi Street N.E. 513 Rice Creek Terrace N.E. Fridley, Mn 55432 Fridley, Mn 55432 Fridley Our Own Hardware Project No. 61 Corp 214 Mississippi Street N.E. 7515 Wayzata Blvd. Fridley, Mn 55432 Minneapolis , Mn 55426 Nick J. Dovolis Mr. & Mrs. Stephen Matson 3616 Washburn Avenue South 6560 2nd Street N.E. Minneapolis, Mn 55410 Fridley, Mn 55432 Mrv ,&`--Mrs. Robert Swoboda, Jr. Gordon R. Aspenson 6501 Main Street N.E. 17 Rice Creek Way N.E. Fridley, Mn 55432 Fridley, Mn 55432 Mr. & Mrs. Gary Marlow 6525 Main Street N.E. Fridley, Mn 55432 Alvin A. Nitschke 6661 Main Street N.E. Fridley, Mn 55432 Mr. & Mrs. Lynn Hansen 210 67th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Roy Burke 200 67th Avenue N.E. Fridley, Mn 55432 Mr. & Mrs. Sidney Dahl 6551 2nd Street N.E. Fridley, Mn 55432 Mr. & Mrs. Darold Johnson 6541 2n d Street N.E. Fridley, Mn 55432 Mr. & Mrs. Paul Johnson 6525 2nd Street N.E. Fridley, Mn 55432 IA 367 , v 60 JV4 7A , Sow., t 7i- rf .5- few- "41 Z (ap -7 0 C) Z --------- ---Art ZOA #76-04, Gord Nspenson Rezone from R— 0 R 3 ------VVIL 77--r- (STREET . .... k".I s s IZ) % 1200 kZ -214 3 Z "IZ ao /* 64 64 M* X7 17 SYI-V IIIIN p ss 77 HI L�S cn� 2 20 2Z PLA lei LA SA ELLITE• L sZ -7,Z I I'qo 2 r , \ `• al til `,' �/ J C2 cl, �7� • � OOo.Tr-- 000 ..`7'J "=••N.�. �f� wo Q' .� `✓ r6 MID 1 #76-04 Gordon Aspenson Rezone from R-1 to,' R-3, Lots 10 and `y :............................... Block 4 Lowell ' • • �. �1• ii F • r.IRL SCOUTS FEW L WA cc ylow. o '. 90% i. F-\ . 6 �o � w■ ® fs� : WIN FA 210 my eaio?o I ONE `�;�: a¢a � o,ate.��• ��000 ��^` rao amu:: as moo. � � oe owe► eoo ao �,� ��� Elm UO o ® ®® ®$ as o m® o0 ♦ c.E\.� � M4 as o _ r�•� as \\ \ ti� ' /�:•` B �, ,\� V4 %O (Official Publication) 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 Plan- ning Commission of the City of Frid- ley in the City Hall at 6431 University Avenue Northeast on Wednesday, September 8, 1976, in the Council Chamber at 7:30 P.M.for the purpose of: Consideration of a rezoning re- qust, ZOA *76-04, by Gordon J. Aspenson, to rezone Lots 10 and 11, Block 4, Lowell Addition to Fridley Park, from R-1 (single family dwelling areas) to R-3 (general multiple dwelling areas) to allow the construction of a tri-plex,all in the North Half of Section 14, T-30, R-24, City of Fridley, County of Anoka, Min- nesota. Generally located at 6500 2nd Street N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. RICHARD H.HARRIS Chairman (Aug.25,Sept.1,1976)—SB8 (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 8, 1976,in the Council Chamber at 7:30 p.m.for the purpose of: Consideration of a rezoning re- quest,ZOA#76-04,by Gordon J. Aspenson,to rezone lots 10 and 11, Block 4,Lowell Addition to Frid- ley Park,from R-1(single family dwelling areas) to R-3 (general multiple dwelling areas)to allow the construction of a tri-plex,all in the North Half of Section 14, T-30,R-24,City of Fridley,County of Anoka,Minnesota. Generally located at 6500 2nd Street N.E. Anyone desiring to be heard with reference to the above matter may be heard at this time. WILLIAM J.NEE Mayor (Oct.20&27,1976)—SB8 September 15, 1976 Item # AMENDED ADMINISTRATIVE STAFF REPORT 73RD & Central A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.153, requiring five (5) or more acres for a townhouse development. Review of code indicated a conflict between 5 acre request and area/unit request. After staff discussion it was suggested that perhaps the public pur- pose served by this section of the Code is to provide an adequate number of units which make the affiliated townhouse association economically feasible. B. STATED HARDSHIP: Restriction would make owner occupied townhouses impossible. C. ADMINISTRATIVE STAFF REVIEW: This request is being presented at this time in oder that the variance and rezoning requests may be presented to Council at the same time. This would eliminate the request having to be returned to either one or the other commission if only one aspect were handled first. As nearly as staff can determine, the five (5) acre requirement evolved from an estimate of the minimum number of units that would be required to make the townhouse association economically practical . The other portions of the code limit lot coverage and regulate open areas. (See Section 205.143, A & B). Staff feels that the petitioner should show how the proposed development will , in fact, provide for a townhouse association which will- not be an excessive burden of the occupants. Planning Commission Meeting - September 8, 1976 Page 7 2B Chairperson Harris stated that this would come before theP g Commission again on September 22nd. Mr. Langenfeld said he wis o let those people present know that they could come back againat date. Mr. Bergman brought up another mailing ,to the public, but oardman stated he didn't see where another mailing would be appro e. He said they had mailed out the notice of the variance request ping and the_ preliminary piat,and the dates for •:►'wnhn(r. .Devel. an at were noted as September 22nd. Mr. Langenfeld noted NM those e present could also pass the word to their neighbors, and Mrs. Ga suggested that if they came to any conclusions before the Board of Ap s Meeting, they should come to the Appeals meeting and voice them. 2. PUBLIC HEARING: REZONING REO,UEST ZOAx{76-0 BY GORDON ASPENSON: Rezone Lots 10 and 11, Block , Lowell ,AFridley Park from R-1 (single family dwelling areas) to R-3 '(general multiple dwelling areas) to allow the construction of a tri-plex, the same being 6500 2nd Street N.E. Mr. Gordon Aspenson was at the meeting to present his request. MOTION by Peterson, seconded by Bergman, that the Planning Commission open the Public Hearing on rezoning request, ZOA x`76-04, by Gordon Aspenson. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing open at 8:50 P.M. Mr. B6ardman explained that this property was located on the loop back off of the service drive along Mississippi Street. He directed the Commissioners to look at the map on page 373 and explained it would be on the corner of that service drive and 2nd Street. He stated that on the property directly North of this there was presently a 4-plex, and the properties across the street were also apartment buildings. Mr. $oardman said that Mr. Aspenson had buildings on Riverview Terrace and Mississippi Way, and he was proposing three units exactly like the four he presently had. He said that the buildings were the townhouse type built on two levels, they were very attractive and he said he wished they had more in the City. He stated that there were two residential properties directly to the West of this property, and the City Staff felt this rezoning would be in context with the plan of the City. Mr. Aspenson said he was proposing what he thought was an efficient and attractive building. He stated he intended to keep it in his possession and maintain it, and hethought it would fit in very nicely with this particular area, Mr. Langenfeld asked Mr. Boardman if there was a rezoning sign on this property, and he replied there was. Chairperson Harris asked if when the underpass was open that. little leg that swings back to Mississippi Street would remain open or be closed. Mr. Boardman replied that would all be closed. Mr. Harris asked if then there would be access off from Mississippi Street on to Second treet and to the service drive. Mr. Boardman replied there would be. He explained the building would sit right on the corner, and access to the garages would be off the service drive. He said the units would be facing Second Street, and entrance to the units would be on' the West side. Chairperson Harris asked what the size of that parcel was, and Mr. Aspenson replied 90 ft. by 136 ft. He added that it was a couple of thousand feet larger than was necessary for a tri-unit. Mr. Harris asked what the minimum Planning Commission Meeting - September 8, 1976 Page 8 2C lot size was on R-3, and Mr. Boardman answered it was 10,000 sq. ft. for a three-family dwelling. He stated that Mr. Aspenson's was close to 12,000. Mr. Boardman said that it had been nip and tuck for chile on the handicapped codes, but they had finally gotten some clarification from the state on that. He explained that as long as the entrance to the unit was to the outside, the three-unit buildings were not required to have handicapped facilities, but a multiple unit would be required to have them. Mr. Lynn D. Hansen, 2.10 67th Ave—N.B., stated that he owned the 11-plex that was on the property adjoining Mr. Aspenson's, and asked if he could see the plans for the proposed building. Mr. Aspenson showed him the plans, and Mr. Hansen agreed it was a nice-looking and attractive building. Mr. Donald F. Cable, 6530 Second St. N.E., stated he was the caretaker. for Mr. Hansen's building, and he also thought the proposed structure would be beneficial. Mr.. Bergman said he would again like a show of hands of those people in the audience who were concerned with this item, and two people (Mr. Hansen and Mr. Cable) raised their hands. Mr. Bergman asked if Mr. Boardman could fill him in on the zoning surrounding the lots in question. Mr. Boardman directed the Commissioners to turn to the map on page 36 of the agenda, and explained the property directly North was R-3 (b-plex), the property across the street was R-3 (apartment buildings), North of the 4-plex was City park property, and 6525 Main St. and the property just South of that were zoned R-1. Mr. Bergman noted that there seemed to be some land left after the service drive went .tY,rough, South of lot 11 and the one to the West of it, aiad asked if there were any plans for that property. Mr. Boardman said that was county right-of-way. MOTION by Peterson, seconded by Shea, that the Planning Commission close the Public Hearing on the rezoning request, ZOA #76-04, by Gordon Aspenson. Upon a voice vote, all voting aye, Chairperson Harris declared the Public Hearing closed at 9:05 P.M. MOTION by Peterson, seconded by Bergman, that the Planning Commission recommend to City Council approval of rezoning request LOA ##76-04, by Gordon Aspenson: Rezone Lots 10 and 11, Block 4, Lowell Addition to Fridley Park from R-1 (single family dwelling areas) to R-3 (general multiple dwelling areas) to allow the construction of a tri-plex, the same being 6500 2nd Street N.E. Upon a voice vote, all voting aye, the motion carried unanimously. BLIC fiEARING: KE�UEST FOR A SPECIAL USE PERTSIT SP #{76-13 BY KENT BELKi. L.:. r Fridley City Code, Section 203.051, 2, A, to a119-up ane construction of a s accessory building, a 20' x 26' d-et-ached garage, to be located on Lot 1, Bloc Bennett Palmer Addi-t-ion, the same being 5870 6th Street N.E. '+! Mr. and Mrs. Kenneth Belkho ere at the mee to present their request. MOTION by Gabel nded by Peterson, that the Planning Comm on open the Public He on a request for a Special Use Permit, SP ##76-13, b nneth Belk Upon a voice vote, all voting aye, Chairperson Harris declare e lic Hearing open at 9:07 P.M. 155 REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1976 PaQe 3 NEW BUSINESS: CONSIDERATION OF VACATION REQUEST, STREET AND ALLEY VACATION SAV #76-04, BY KAREN MESROBIAN; UNIMPROVED ALLEY BETWEEN LIBERTY ST. AND ELY STREET: Mr. Tom Colbert, Assistant Engineer, stated that this was a request to vacate an alley bounded by Liberty Street, Ely Street, Ruth Street, and Ashton Avenue. At the Planning Commission's meeting of July 14, 1976 a motion to deny the vacation request failed to pass by a tie vote; and therefore, was brought to the Council 's attention with no recommendation from the Planning Commission. Mr. Tom Geddy, City Attorney's office, stated that in his opinion if it is just a question of an access to a vacant back yard, it would probably be very marginal as to whether or not one could collect damages from the City. However, if the alley is being used to get to the garages and the garages cannot be reached from the street in front of the houses, the City could be liable for damages to the particular property owners involved. Councilman Fitzpatrick then commented that in reading over the minutes before the Planning Commission and the hearinn that was had before the Council and the letters that were received, he was convinced that a number of people use the access in question and it was in existence as such when they arranged their habits as far as access to their property. MOTION by Councilman Fitzpatrick to deny the petition to vacate the alley. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE PLANNING COMMISSION MEETING OF SEPTEMBER 8, 1976: GORDON ASPENSON, ZONING ORDINANCE AMENDM T 7.0A #'7f-0n; 500 2m ST [! E : MOTION by Councilman Hamernik to set the rublic hearing for [November 8, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. uNilman Hamernik asked Mr. Asnenson if he had any questions, and he did not. Co oilman Hamernik also asked if he was aware of the Public hearing set for November 8, a he was aware of such hearinn. KENNETH ELKHOLM, SPECIAL USE PERMIT SP #76-13, 5870 6TH STREET: Mr. Tom Colbert, Assistant Engineer, stated that this was a request for a special use permit fora second accessory building located at 5870 6th Street. This request was before the Planning Commission on September 8, 1976 and it was approved by them. Mr. Belkholm was in attendance however, he did not have any questions regarding this. MOTION by Councilman Hamernik to concur with the recommendation of the Planning Commission and grant the special use permit. Seconded by Councilwoman Kukowski. Upon a voice vete, all voting aye, Mayor flee declared the motion carried unanimously. FINE ARTS COMMITTEE REQUEST FOR $1 ,000: Ms. Jan Konzak, Administrative Assistant, stated that as the budget presently stands, there is $3,000 provided in Community Development for community service needs, and $5,000 provided in Parks and Recreation for recreational/cultural needs; neither figure has been delineated. She further stated that the recommendation for $1 ,000 Fine Arts funding came from the Human Resources Commission and was apnroved by the Planning Commission. The Human Resources Commission discussed priorities for community needs by using the $10,000 figure to break into percentanes. They also did discuss the $1,000 for Fine Arts and, the Planninn Commission recommended that. Councilman Starwalt stated that the recommendation did not come from the Parks and Recreation Commission, and he believe that they should be involved in discussion on this request. Councilman Fitzpatrick stated that he was in favor of the $1 ,000 being provided from wherever the Administration recommends. Mayor Nee asked if there was a need to identify it as a line item and "Is. Konzak responded that she believed there was since it is just $5,000 that has been set aside within that budget with no certain area earmarked. MOTION by Councilman Starwalt that a line item be established in the Parks and Recreation budget for Fine Arts in the amount of °1 ,000. Seconded by Councilman Hamernik. Upon a voice vote, all voting ave, [favor [lee declared the motion carried unanimously. ' i j 1,56 REGULAR COUNCIL MEETING OF SEPTEMBER 27, 1976 Page 4 DFL REQUEST FOR USE OF COMMONS PARK ON OCTOBER 23, 1976: fir. Marvin Brunsell said that he had received a call and this request had been withdrawn. MOTION by Councilwoman Kukowski to concur with the request for withdrawal. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to receive the minutes of the Planning Commission meeting of September 8, 1976. Seconded by Councilman Starwalt. Uoon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE POLICE CIVIL SERVICE COMMISSION MEETING OF SEPTEMBER 15, 1976: -�- 110TION by Councilwoman Kukowski to receive the :oinutes of the Police Commission. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIVING THE MINUTES OF THE CHARTER COMMISSION MEETING OF SEP_TF'1BER 20, 1976 REGARDING T _ PROPOSED AMENDMU TO SECTION 5.03 OFHE TFRIDLEY CHARTER AND SETTING PUBLIC HEARING DATE FOR OCTCBEP, 18, 1976: -- MOTION by Councilman Fitzpatrick to receive the minutes of the Charter Commission meeting of September 20, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Hamernik to set a public hearing for Octobcr 18, 1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i CONSIDERATION OF A RESOLUTION CONFIRMING ASSESSMENT FOR THE TREATMENT AND REMOVAL OF TREES (1976):- MOTION 1976 :MOTION by Councilwoman Kukowski to table consideration of the resolution until the next regular meeting of October 4, 1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 99-1976 - AUTHORIZING AND DIRECTING THE SPLITTING OF SPECIAL ASSESSMENTS ON PART OF LOT 4, BLOCK 2, PARCEL 50, EAST RANCH ESTATES 2ND ADDITION: MOTION by Councilman Starwalt to adopt Resolution No. 99-1976. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RESOLUTION NO. 100-1976 - AUTHORIZING AND DIRECTING THE COMBINING OF SPECIAL ASSESSMENTS ON LOTS 5 AND 6, PARCEL 875; LOTS 7 AND 8, PARCEL 890; LOT 9, PARCEL 895•, AND LOT 10, PARCEL 900, BLOCK E, RIVER VIEI- HEIGHTS ADDITION: MOTION by Councilman Fitzpatrick to adopt Resolution No. 100-1976. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. CLAIMS: MOTION by Councilman Hamernik to pay the Claim No's. 16837 - 17076. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LICENSES: MOTION by Councilwoman Kukowski to approve the licenses as submitted and as on file in the License Clerk's Office. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, tlayor Nee declared the motion carried unanimously. Councilman Hamernik asked if a license has been issued with regard to A & B Chuck Wagon, and Mr. Brunsell responded that he was not certain whether one had been issued. I 180 l PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 PAGE 3 t 1 ter. Qureshi, City Manager, stated that there were three choices: (1) It can remain R-1, (2) Rezone to R-2, and (3) If rezoned R-3, there could be some kind of a covenant filed against them to restrict them. Mr. Virgil Herrick, City Attorney, stated that the covenant would have to be filed by the owner--not the City. He further stated that there was one other possibility, although somewhat untried, in that there is a kind of emerging series of cases in ' zoning that would permit contractual zoning wherein the developer of the City enters into a contract prior to rezoning a piece of property. This is, however, quite new and has not been tested. Mayor Nee asked if it would automatically refer to R-1. E Mr. Herrick responded that it could possibly be made part of the contract and if the development does not take place as described in the contract, within a certain period of time, the rezoning would revert back to what it was previous to the request. Mr. Herrick suggested that a draft proposal could be drawn up which would incorporate what the developers are talking about and an agreement between the owner and the City. Councilwoman Kukowski stated that the matter was not going to be voted on by the Council at this time. Mayor Nee stated that this would come up again for discussion next Monday at which time it would be the first reading of an ordinance, but they would have an indication at that time. Mayor Nee then commented that Councilman Starwalt would want to have a draft of a contract at that time. Mr. Herrick stated that he would have one drawn up. MOTION by Councilman Fitzpatrick to close the Public Hearing on the rezoning request. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:31 p.m. MOTION by Councilman Fitzpatrick to close the Public Hearing on the consideration of the final plat. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:31 p.m. PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #76-04,, GORDON SPENSON TO REZONE FROM R-1 TO R-3; 6500 2ND STREET N.E.: MOTION by Councilman Hamernik to waive the reading .of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:32 p.m. Mr. Dick Sobiech, Public Works Director, then proceeded to state that this is a request for rezoning from R-1 to R-3. The Planning Commission did have a public hearing on September 8, 1976, and did recommend to Council approval of the request. Mr. Sobiech asked if Mr. Gordon Aspenson was present, and he was. Mr. Sobiech further stated that the rezoning would be to I allow for the construction of townhouse style triplex, which he and his staff believe would fit quite well and are extremely attractive buildinas. Mr. Sobiech then referred to the west side of town, Riverview Terrace and Mississippi Street, where there is one in existence. There were no objections noted at the Planninn Commission meeting after j the plans were reviewed by the adjacent property owners. Mayor Nee then proceeded to ask the Councilmembers if they had any questions, and there were none. He then asked the audience if there were any questions or comments, ` and there was-no response. i MOTION by Councilman Hamernik to close the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all votinn aye, Mavor Nee declared the motion carried unanimously and the Public Hearing closed at 8:36 p.m. i i t t 181 PUBLIC HEARING MEETING OF NOVEMBER 8, 1976 PAGE 4 i i PUBLIC HEARING ON IMPROVEMENT: STREET IMPROVEMENT PROJECT ST. 1977-1 AND 1977-2 1 MSAS AND RECEIVING PETITION #19-1976 AGAINST THE STREET IMPROVEMENT FOR CHANNEL ROAR AND RECEIVING PETITION #20-1976 IN FAVOR OF THE IMPROVEMENT OF CHANNEL ROAD, AND i RECEIVING PETITION #21-1976 REQUESTING BURLINGTON NORTHERN RAILROAD CROSSING AT 79TH AVENUE: , MOTION by Councilwoman Kukowski to waive the reading of the Public cr Hearinq notice and open the Public Hearinq. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 8:37 p.m. I Mr. Sobiech, Public Works Director, discussed the project stating that street improve- ment projects are proposed in one of two ways: they are either included as part of a designated street improvement proqram or they have been requested for improvement by adjacent property owners. He further stated that the majority of the people who are - present at the meeting this eveninq are in the initial qroup where their streets were initially programed into the ten year street improvement program. At this i point in time, it is however, proposed that they continue on with the improvement program. t j Mr. Sobiech noted that it should be pointed out that the initial program was started in 1969, in which the City of Fridley had roughly 75 to 80 miles of streets and i approximately a third, or 25 miles, were substandard. At this point in time, they have averaged approximately two and three miles per .year to improve the substandard j design--eliminating the swaleback section or improving the dirt section. He further stated that 1977 will he the ninth year, and they have approximately four to five P Y f miles of street remaining and about two miles scheduled for 1977. i The basic standard that the staff has been followinn since 1969 is a 36' wide street that has concrete curb andutter and has as bituminous mat. He then referred to a map stating that those noted in red have been improved. Some of the earlier streets j( were installed with the bituminous type of curbinq and it was determined that that i 1 type of curbinq construction has a high maintenance and results in very high mainte- nance costs. The concrete curbinq, however, is more effective and can put up with i the abuse that the modern City maintenance equipment has to put up with in maintaining i the street i.e., snow plowing and street sweeping. - jMr. Sobiech stated that the majority of the City is done to what they consider a standard design. There is, however, a portion remaining to the south center of the City and a few sporadic streets that have been eliminated at certain time periods throughout the ten year improvement program. The initial ten year improvement I program was set up so that certain streets were programmed for certain years. Durinq the ten year process, there have been requests wherein certain residents have wanted their streets improved a little sooner and therefore, the City would then compensate for that and try to improve them as the people wanted them. The majority, however, • ! were put in according to the program and they are approximately 90 to 95% done with the program. Mr. Sobiech continued that with the standard design section, they first try to improve the drainage situation. On several of the streets that are proposed for improvement, there is standing water and this hopefully will be taken care of with the elimination of the wingback design. As noted, Mr. Sobiech stated that the majority of the streets proposed have numerous patchings on them in an attempt to maintain them the best way possible until they got to the point of the proposed improvement for the specific area. Toqether with trying to eliminate any drainaqe problems in the area by the installation of the concrete curb and the more uniform cross section to correct the water to the curbinq and then out to the existing storm sewer structures, they do install various catch basins, and upqrade the various castings in order to ensure that the drainage is taken care of. Mr. Sobiech further stated that another important item to note is that the improvement will result in a reduction of maintenance costs by eliminating the substandard design section. He also commented that the aesthetics of the neighborhoods have improved substantially and by proceedinq with what has been a very successful program, the quality of life can be maintained with the residents that do exist in Fridley. � i 210 THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF DECEMBER 6, 1976 I The Regular Meeting of the Fridley City Council of December 6, 1976 was called to order at 7:40 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and the audience in saying the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Councilman Fitzpatrick, Councilman Starwalt, Councilman Hamernik, Councilwoman Kukowski, and Mayor Nee. MEMBERS ABSENT: None APPROVAL OF MINUTES: PUBLIC HEARING MEETING OF NOVEMBER 8, 1976: MOTION by Councilwoman Kukowski to approve the minutes of the Public Hearing Meetino of the Fridley City Council of November 8, 1976, as submitted. Seconded by Council- man Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. REGULAR MEETING OF NOVEMBER 15, 1976: MOTION by Councilman Starwalt to approve the minutes of the Regular "leeting of the Fridley City Council of November 15, 1976, as submitted. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. i ADOPTION OF AGENDA: MOTION by Councilman Hamernik to adopt the agenda as submitted. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. OLD BUSINESS: CONSIDERATION OF A REOUEST FOR VARIANCES TO ALLOW A FRONT YARD SWIMMING POOL BY ROBERT TOMCZAK, 999 OVERTON DRIVE N.E. TABLED 10/18%76 : MOTION by Councilman Hamernik to deny the request for the variance as recommended by the Planning Commission. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 626 - REZONING REQUEST, ZONING ORDINANCE AMENDMEIT ZOA #76-04, CORDON ASPENSON, TO REZONE FROM R-1 TO R-3; 6500 2ND STREET N.E. : i i MOTION by Councilman Hamernik to waive the second reading of Ordinance No. 626 and adopt it on the second reading, and publish. Seconded by Councilman Starwalt. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ORDINANCE NO. 627 - REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #76-03 BY EVERT SWANSON, TO REZONE FROM C-1 AND R-1 TO R-3; INTERSECTION OF 73RD AVENUE ASID CENTRAL AVENUE AND CONSIDERATION OF APPROVAL OF AGREEMENT BETWEEN THE CITY OF FRIDLEY AND EVERT SWANSON AND — CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. #76-08, CENTPAL TOWNHOUSE ADDITION, BY EVERT SWANSON �-D CONSIDERATION OF TOWNHOUSE DEVELOPMENT PIANS, T #76-03, BY EVERT SWAf1SON AND 1 I ► 211 4 REGULAR COUNCIL MEETING OF DECEMBER 6, 1976 PAGE 2 i. CONSIDERATION OF APPROVAL OF AN AREA VARIANCE TO ALLOW A TOWNHOUSE DEVELOPMENT ON 3 ACRES OF LAND INSTEAD OF -5--ACRES- Mr. ACRES:Mr. Dick Sobiech, Public Works Director, proceeded to go through the items in the Agreement. Also, at the last meeting wherein the first reading of the ordinance for rezoning was adopted, the Administration had prepared a rezoninq developmental agree- ment outlining certain requirements of the developer. At that time, the developer had not received the agreement, however, in the past few weeks they have been able to get together and review the aqreement. The items in the developmental agreement were put together from comments received at the public hearing before the Planning Commission and the City Council. I Mr. Sobiech then began with Item #1 of the Aqreement which item indicated that the developer feels that the townhouse development is feasible for a thirty-six (36) unit development. This is in regards to the variance request which was recommended for approval by the Appeals Commission. The variance recommended minimum area for town- house development from five acres down to three acres. The main intent of that require- ment is the feasibility of a homeowners association in conjunction with the townhouse proposal. Item #2 of the Agreement is regarding the rezoninq wherein there is concern from the abutting property owners in that once the property is rezoned to R-3, that perhaps an apartment buiding or other uses could be developed instead of the intended townhouse development. However, in the Agreement it is specified that the developer is restricted to developing a thirty-six unit townhouse development and that multiple dwellings and multiple dwelling complexes, hotels, apartment hotels, motels, lodginq and boarding houses, will not be permitted on the property unless. the developer comes before the City Council and explains a change in his plans. Item #3 of the Agreement provides for the intention of the owner to develop the town- houses to be owner-occupied in conformance with the Homeowners Association by-laws. Item #4 of the Agreement is a requirement of the City Plating Ordinance. Initially the developer was requested to pay a certain amount of the land for park dedication and some recreational facilities that are normally associated with townhouse development. In lieu of this, the developer has proposed to construct some recreational facilities in the area of a swimming pool; and he has indicated that the swimming pool will be in I lieu of the land dedication and will be to the value of the land dedication and provide the recreational facilities as has been allowed other townhouse developments. j Item #5 regarding the roadway easement remains the same. i Item #6 remains the same and will be submitted for review. Item #7--there was input from the people that they would like to see a fence constructed along the existing residential properties adjacent to the townhouse structure. The developer has agreed to install a wood screen fence along the properties, but it would be constructed upon completion of the townhouse structure and at the time the landscaping is being placed. Item #8 was amended to remove the sixth line as it was redundant in that he already signed an agreement. Mr. Sobiech further stated that the developer's attorney has been in contact with the City Attorney. Councilman Fitzpatrick commented in regard to the swimming pool in that it did not seem to him that it was going to provide for the recreational needs of the area. It will provide only one need of the area and even though the value would be equal , it still does not serve the purpose intended. The swimminq pool is not acing to be available to the park area but only to the property owners directly. Councilman Starwalt stated that he agreed with Councilman Fitzpatrick and asked the architect to provide some information regarding the pool. I I I f Zj W-7 Of • ORDINANCE NO. 626 AN ORDINANCE TO AMEND THE CITY CODE OF THE P CITY OF FRIDLEY, MINNESOTA BY MAKING A f CHANGE IN ZONING DISTRICTS The Council of the City of Fridley does ordain as follows: SECTION 1. Appendix D of the City Code of Fridley is j amended as hereinafter indicated. , SECTION 2 . The tract or area within the County of Anoka and the City of Fridley and described as: . Lots 10 and 11,Block 4, Lowell Addition to Fridley Park, all lying in the North Half of Section 14, T-30 , R-24 , City of Fridley, County of Anoka, Minnesota, Is hereby designated to be in the Zoned District known as R-3 (General Multiple Dwelling Area) . SECTION 3 . That the Zoning Administrator is directed to change the official zoning map to show said tract or area to be rezoned from Zoned District R-1 (Single . Family Dwelling Area) to R-3 (General Multiple Dwelling Area) . PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6th DAY OF December 1976. MAYOR - WILLIAM J. NEE ATTEST: CITY CLERK - MARVIN C. BRUNSELL Public Hearing: November 8 , 1976 First Reading: November 15 , 1976 Second Reading: December 6 , 1976 Publish. . . . . . . : December 15 , 1976